ROL_2015-07-10_16k_Hr3-4.timecode

[00:00.000 --> 00:06.000]  The following news flash is brought to you by the Lone Star Lowdown, providing the jelly
[00:06.000 --> 00:08.000]  bulletins for the commodities market.
[00:08.000 --> 00:21.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.000 --> 00:29.000]  Markets for the 9th of July 2015 opened up with gold at $1,158.96 an ounce, silver $15.39
[00:29.000 --> 00:36.000]  an ounce, Texas crude $51.65 a barrel, and Bitcoin is currently sitting at about 271
[00:36.000 --> 00:43.000]  U.S. currency.
[00:43.000 --> 00:48.000]  Today in history, Wednesday, July 9th, 1980, seven people unfortunately died in a stampede
[00:48.000 --> 00:54.000]  of a frenzied crowd eager to see Pope John Paul II while he was visiting in Terracina,
[00:54.000 --> 00:58.000]  Brazil.
[00:58.000 --> 01:03.000]  In recent news, Marine General Joseph Dunford, nominee for the next chairman of the Joint
[01:03.000 --> 01:07.000]  Chiefs of Staff, rates Russia as the greatest threat to U.S. national security.
[01:07.000 --> 01:11.000]  My assessment today is that Russia presents the greatest threat to our national security
[01:11.000 --> 01:15.000]  is what he told the Senate Armed Services Committee at his confirmation hearing this
[01:15.000 --> 01:16.000]  morning.
[01:16.000 --> 01:19.000]  In line with what current Chairman General Martin Dempsey said in a recently released
[01:19.000 --> 01:24.000]  report, the national military strategy by the Joint Chiefs of Staff, he said that Russia
[01:24.000 --> 01:28.000]  repeatedly demonstrates that it does not respect the sovereignty of its neighbors and its
[01:28.000 --> 01:30.000]  willing to use force to achieve its goals.
[01:30.000 --> 01:35.000]  Of course, Russia has been saying the same exact thing for some years now about NATO
[01:35.000 --> 01:44.000]  and U.S. militaristic endeavors in the Middle East.
[01:44.000 --> 01:48.000]  According to the first report, an 87-page document filed this morning in a federal
[01:48.000 --> 01:54.000]  district court in Manhattan by federal monitor Peter L. Zimroth in charge of overseeing New
[01:54.000 --> 01:58.000]  York City's police department stop and frisk tactics, which were found to be unconstitutional
[01:58.000 --> 02:03.000]  in 2013, found that police officers have simply stopped documenting all the encounters that
[02:03.000 --> 02:08.000]  they have had with citizenry, seriously calling into question the official accounting of a
[02:08.000 --> 02:12.000]  substantial decline in the unconstitutional stop and frisk tactic.
[02:12.000 --> 02:17.000]  Mr. Zimroth wrote that NYPD has conducted several precinct audits and concluded that
[02:17.000 --> 02:20.000]  some stops were made but not documented.
[02:20.000 --> 02:24.000]  More work needs to be done to determine the extent of the problem and to make sure that
[02:24.000 --> 02:26.000]  there is proper record keeping.
[02:26.000 --> 02:32.000]  Whether stops have fallen to 46,000 last year from the peak of more than 685,000 in 2011
[02:32.000 --> 02:45.000]  because they are simply not being documented is a serious source of concern.
[02:45.000 --> 02:48.000]  The Long Star Lowdown is looking for sponsors.
[02:48.000 --> 02:51.000]  If you have a product or service that you would like to advertise here, feel free to
[02:51.000 --> 02:56.000]  give us a call at 210-863-5617.
[02:56.000 --> 03:17.000]  This has been your Lowdown for July 9, 2015.
[03:17.000 --> 03:30.000]  Okay, we are back.
[03:30.000 --> 03:36.000]  Randy Kelton moved our radio and Shelly had to go take care of some other work.
[03:36.000 --> 03:38.000]  Maybe we'll have one again.
[03:38.000 --> 03:41.000]  Okay, we're talking to Ralph in Texas.
[03:41.000 --> 03:46.000]  Okay, Ralph, they broke out your window.
[03:46.000 --> 03:50.000]  Randy, I was wanting to say thank you to Sherry.
[03:50.000 --> 03:55.000]  She kind of jump-started my brain about the elements of the charges I'm trying to make,
[03:55.000 --> 04:02.000]  which is really, I should know that, but in any complaint you have to state the elements.
[04:02.000 --> 04:06.000]  And then she mentioned that supervisor may find something wrong with what I'm doing.
[04:06.000 --> 04:07.000]  I don't know.
[04:07.000 --> 04:15.000]  Hopefully those two things will get me further down the road.
[04:15.000 --> 04:28.000]  Look at filing criminal charges against the officer or start doing the peripheral stuff.
[04:28.000 --> 04:38.000]  Okay, when I say, hey, never give legal advice to the police or the courts unless it's in
[04:38.000 --> 04:40.000]  a motion or something.
[04:40.000 --> 04:50.000]  It is a common thing for pro-says to tell these officials what their rights are.
[04:50.000 --> 04:55.000]  And I suggest that you never do that.
[04:55.000 --> 05:01.000]  What I suggest is do not give fair warning.
[05:01.000 --> 05:08.000]  Any attempt at fair warning will be interpreted as a threat.
[05:08.000 --> 05:14.000]  No matter how careful you are, they will interpret it as a threat.
[05:14.000 --> 05:19.000]  So a long time ago I quit giving fair warning.
[05:19.000 --> 05:28.000]  And what I found out is when you don't give fair warning and you just do something,
[05:28.000 --> 05:34.000]  you know, if you ask them to do something and they don't do what you ask them to do,
[05:34.000 --> 05:37.000]  I don't tell them what the law is anymore.
[05:37.000 --> 05:40.000]  I tell them what they're supposed to do.
[05:40.000 --> 05:43.000]  I just call 911.
[05:43.000 --> 05:46.000]  That is so much more fun.
[05:46.000 --> 05:50.000]  Or I go file a criminal complaint against them.
[05:50.000 --> 05:58.000]  Like in this instance, the foreman sends me this letter saying there are no Tarrant County offenses subject to indictment.
[05:58.000 --> 06:09.000]  Well, duh, the paragraph above that he quoted 20.09 that said the grand jury shall investigate into all offenses subject to indictment
[06:09.000 --> 06:23.000]  of which any member may have knowledge or of which they are given notice by the prosecuting attorney representing the state or any credible person.
[06:23.000 --> 06:30.000]  Now, what part of all offenses did he not understand?
[06:30.000 --> 06:42.000]  So I'm not going to try to tell the foreman, oh, well, gee whiz, you're not just there to hear offenses from Tarrant County.
[06:42.000 --> 06:56.000]  I told the district judge in his capacity as a magistrate that the foreman wasn't there just to hear Tarrant County offenses.
[06:56.000 --> 07:02.000]  And the reason I went to that judge is because I'm certain that the prosecuting attorney,
[07:02.000 --> 07:09.000]  since these were against public officials, stepped aside and didn't give them advice and directed them to the court.
[07:09.000 --> 07:12.000]  And the court advised the foreman to do this.
[07:12.000 --> 07:17.000]  So I filed with the judge who told him to do it.
[07:17.000 --> 07:21.000]  Everything is political.
[07:21.000 --> 07:25.000]  If you're going to win, you need to create a little politics.
[07:25.000 --> 07:38.000]  So now if you go down and ask to see the offense report from the night of your arrest
[07:38.000 --> 07:46.000]  and then see if all of the officers who were present are listed on this offense report.
[07:46.000 --> 08:01.000]  And if that's not the case, then you go down and ask to see all of the records of all the calls made on this day.
[08:01.000 --> 08:06.000]  See, what's going to happen is they're going to know what you're doing.
[08:06.000 --> 08:10.000]  They'll figure it out real fast by the questions that you ask.
[08:10.000 --> 08:15.000]  But you never, ever tell them.
[08:15.000 --> 08:20.000]  When I go down and start pulling information from the courts,
[08:20.000 --> 08:30.000]  I very carefully construct my requests in a way that will hide what I'm actually looking for.
[08:30.000 --> 08:40.000]  I just had a judge come to me and ask me, Mr. Kelton, what is it you're looking for?
[08:40.000 --> 08:44.000]  Your Honor, with all due respect, you cannot ask me that question.
[08:44.000 --> 08:47.000]  Well, Mr. Kelton, I'm just trying to make it easier for you.
[08:47.000 --> 08:50.000]  If I knew what you were looking for, I could help you find it.
[08:50.000 --> 09:00.000]  No, if you knew what I was looking for and then I didn't find what I was looking for, then you would be compromised.
[09:00.000 --> 09:03.000]  Oh, yes, Mr. Kelton, I see what you mean.
[09:03.000 --> 09:06.000]  So she's wondering, what is he looking for?
[09:06.000 --> 09:10.000]  I asked to see all of her emails.
[09:10.000 --> 09:16.000]  She's wondering what it is in her emails I'm looking for.
[09:16.000 --> 09:25.000]  And she's racking her brain to think of, to try to figure out which email it is that I'm looking for.
[09:25.000 --> 09:31.000]  The fact is, I'm not looking for any particular email.
[09:31.000 --> 09:46.000]  I did this to find out what the prosecuting attorney or the district attorney's office would do in giving advice to the judge.
[09:46.000 --> 09:49.000]  I wanted to find out how they would resist.
[09:49.000 --> 09:57.000]  This judge is terrified that I'm going to find something horrible that she did and she doesn't know what it is.
[09:57.000 --> 10:13.000]  Well, I went to her because I figured that if there was any JP in Tarrant County where I wouldn't find any of this trash that I'm expecting to find elsewhere, it would be her court.
[10:13.000 --> 10:21.000]  That's why I picked hers, but she thinks I'm after her and I'm not going to tell her different.
[10:21.000 --> 10:29.000]  When they don't know what you're doing, they always assume something much worse than what you're actually doing.
[10:29.000 --> 10:38.000]  So since you already passed the arrest warrant, you might start putting in some information requests.
[10:38.000 --> 10:47.000]  You might ask your lawyer to put in a Brady motion.
[10:47.000 --> 10:51.000]  If he hasn't put in one, ask him to put in a Brady motion.
[10:51.000 --> 10:58.000]  Ask him if he has a stock Brady motion, and that's going to get his attention.
[10:58.000 --> 11:09.000]  And if he says no, you tell him that's okay, I can bring you one, and then you email me and I'll send you my stock Brady motion.
[11:09.000 --> 11:15.000]  And also ask him to put in a motion in Lemony.
[11:15.000 --> 11:21.000]  I-N-L-I-M-I-N-E, I believe that's how it's spelled.
[11:21.000 --> 11:27.000]  A motion in Lemony goes to all of the questions they cannot ask.
[11:27.000 --> 11:32.000]  And I've got one of those too, and it is so much fun.
[11:32.000 --> 11:39.000]  I was in court on a motion in Lemony, and it's got about a hundred different things in it, and the court's going through it.
[11:39.000 --> 11:46.000]  And I asked about any hypnotic interviews. The judge is reading this.
[11:46.000 --> 11:51.000]  Hypnotic interviews? Mr. Calvin, were you hypnotized?
[11:51.000 --> 11:58.000]  I don't know, Judge. You know how they could make you forget that kind of stuff? Ask the prosecutor.
[11:58.000 --> 12:02.000]  Denied, denied. Oh, the judge was furious.
[12:02.000 --> 12:05.000]  It was just absolute great fun.
[12:05.000 --> 12:13.000]  But you want a motion in Lemony and a Brady motion. A Brady motion is all of the stuff they're required to give you.
[12:13.000 --> 12:23.000]  And then you go in and ask for specific things. You want to know specifically every officer that was at that location.
[12:23.000 --> 12:32.000]  Then you want any administrative complaints that have been filed against those officers.
[12:32.000 --> 12:39.000]  When you ask for the administrative complaints, oh, they're going to jump up and down and wave their arms and rail in righteous indignation.
[12:39.000 --> 12:42.000]  You can't have those. You're going to say, yes, I can.
[12:42.000 --> 12:48.000]  And you just give them a really hard time about it, but you don't care.
[12:48.000 --> 12:51.000]  That's to distract them.
[12:51.000 --> 13:06.000]  You go in and ask for all of the offense reports filed from a week before to a week after your arrest by all of these named officers.
[13:06.000 --> 13:09.000]  Just start digging information.
[13:09.000 --> 13:15.000]  And if they tell you that these officers weren't on duty, when I get them to tell me they're not on duty,
[13:15.000 --> 13:24.000]  then I go back and request payment vouchers, timesheets for a whole group of officers.
[13:24.000 --> 13:27.000]  That guy will be in there. I can catch him lying.
[13:27.000 --> 13:34.000]  I have a judge in Tarrant County that I asked to see his emails, all of his emails.
[13:34.000 --> 13:39.000]  And I got a response that said, and we have no records responsive to your request.
[13:39.000 --> 13:44.000]  Is that a fact, Jack? This judge doesn't use emails.
[13:44.000 --> 13:51.000]  So now I go to the other judges and ask to see theirs.
[13:51.000 --> 13:57.000]  And if I find one to this judge, they take him to a grand jury.
[13:57.000 --> 14:03.000]  So does this make sense, Ralph?
[14:03.000 --> 14:04.000]  Yes.
[14:04.000 --> 14:05.000]  Okay.
[14:05.000 --> 14:07.000]  Sounds like stuff to do.
[14:07.000 --> 14:13.000]  You won't win your case simply because you have the law and the facts on your side.
[14:13.000 --> 14:17.000]  You win your case if you have the politics on your side.
[14:17.000 --> 14:24.000]  And what we were talking about by forcing your lawyer to represent you, that gets the politics on your side.
[14:24.000 --> 14:26.000]  All politics is local.
[14:26.000 --> 14:37.000]  And then you start making noises about coming after these officers and going after the chief of police and the mayor.
[14:37.000 --> 14:45.000]  And without doing it directly, you start asking the right kinds of questions,
[14:45.000 --> 14:51.000]  and then they start trying to figure out what you're doing, and they always come up with something worse.
[14:51.000 --> 14:55.000]  That gives them a reason to make this thing go away.
[14:55.000 --> 15:00.000]  Has your lawyer filed a motion to dismiss?
[15:00.000 --> 15:03.000]  No.
[15:03.000 --> 15:10.000]  You need to tell him he said he would and he did not.
[15:10.000 --> 15:15.000]  That's grievable.
[15:15.000 --> 15:19.000]  He can be bar grieved for that.
[15:19.000 --> 15:24.000]  And you need to let him know that not only do you grieve him,
[15:24.000 --> 15:36.000]  but if he doesn't adequately adjudicate every due process right you have, that you'll file a malpractice suit against him.
[15:36.000 --> 15:43.000]  That will end his malpractice insurance if he hasn't.
[15:43.000 --> 15:46.000]  So I'm suggesting you got him.
[15:46.000 --> 15:49.000]  You got his attention.
[15:49.000 --> 15:52.000]  Now you hang on to him.
[15:52.000 --> 15:56.000]  He says if you get another one, he's going to do the same thing.
[15:56.000 --> 16:01.000]  But if you hammer this one good and then don't let him go, and then if he does wind up getting away,
[16:01.000 --> 16:05.000]  then they're going to have to appoint somebody else.
[16:05.000 --> 16:11.000]  And when they appoint somebody else, they owe it to him to protect him from you.
[16:11.000 --> 16:17.000]  The only way to do that is to make your case go away.
[16:17.000 --> 16:23.000]  Is there any other questions you have for us?
[16:23.000 --> 16:27.000]  That's the three I had for tonight and we covered them quite well.
[16:27.000 --> 16:29.000]  I appreciate it.
[16:29.000 --> 16:30.000]  Okay.
[16:30.000 --> 16:31.000]  Thank you.
[16:31.000 --> 16:39.000]  And now we're going to go to Terry in Michigan.
[16:39.000 --> 16:42.000]  Well, Terry, looks like your time ran out.
[16:42.000 --> 16:43.000]  Okay.
[16:43.000 --> 16:44.000]  I'm going to keep it.
[16:44.000 --> 16:45.000]  We're about to go to break.
[16:45.000 --> 16:49.000]  But as soon as we get back on the other side, Randy Kelton, Wheelbarrow Radio,
[16:49.000 --> 16:53.000]  I call it number 512-646-1984.
[16:53.000 --> 17:00.000]  We'll be right back.
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[19:01.000 --> 19:05.000]  You are listening to the Logos Radio Network.
[19:05.000 --> 19:11.000]  LogosRadioNetwork.com
[19:11.000 --> 19:14.000]  Well, don't let nothing get to you.
[19:14.000 --> 19:17.000]  Only the Father can deliver you.
[19:17.000 --> 19:20.000]  Don't let bad-minded people hurt you.
[19:20.000 --> 19:23.000]  Until Satan gets behind you.
[19:23.000 --> 19:25.000]  Know what I mean?
[19:25.000 --> 19:27.000]  Okay, we are back.
[19:27.000 --> 19:33.000]  Randy Kelton, NewsWR Radio, and we're going to Terry in Michigan.
[19:33.000 --> 19:35.000]  Hello, Terry.
[19:35.000 --> 19:39.000]  Yeah, good evening, Randy. It's Terry from Missouri again.
[19:39.000 --> 19:41.000]  Oh, Missouri. They've got you listed.
[19:41.000 --> 19:43.000]  They've got EMI in here in my database.
[19:43.000 --> 19:46.000]  I thought that's who you were.
[19:46.000 --> 19:47.000]  Right.
[19:47.000 --> 19:49.000]  Okay, Terry from Missouri.
[19:49.000 --> 19:52.000]  I got your document.
[19:52.000 --> 19:55.000]  I have it here somewhere.
[19:55.000 --> 19:58.000]  I had it up reading it.
[19:58.000 --> 20:04.000]  And it looks like they're sending you to mediation.
[20:04.000 --> 20:08.000]  Will you give us a brief update on your case
[20:08.000 --> 20:11.000]  so everybody knows what we're talking about?
[20:11.000 --> 20:18.000]  Yeah, I'll try to get ready to file a criminal misconduct complaint on this judge.
[20:18.000 --> 20:23.000]  I've been unable to access your one website called Juris Imprudence.
[20:23.000 --> 20:27.000]  Is it not functioning properly?
[20:27.000 --> 20:30.000]  I got hacked.
[20:30.000 --> 20:47.000]  And it redirected the Juris Imprudence domain to a perfectpills.xyz.
[20:47.000 --> 20:52.000]  I got and it dumped just thousands of files onto my server.
[20:52.000 --> 20:55.000]  I completely deleted my whole server.
[20:55.000 --> 20:59.000]  I loaded it back up and that redirection is still on there
[20:59.000 --> 21:02.000]  and I can't seem to figure out what's doing it.
[21:02.000 --> 21:04.000]  My server can't figure out what's doing it.
[21:04.000 --> 21:09.000]  But I'm hoping that early in the week I'll get that fixed.
[21:09.000 --> 21:12.000]  Okay, well that's the reason why I called.
[21:12.000 --> 21:16.000]  I would like to get some templates and read and research.
[21:16.000 --> 21:18.000]  I want to do this really well.
[21:18.000 --> 21:20.000]  There's just no doubt about it.
[21:20.000 --> 21:26.000]  I read this cycle path with the black robe on is the order.
[21:26.000 --> 21:31.000]  All the case laws misplaced, these misquoted stuff on purpose.
[21:31.000 --> 21:35.000]  And the real reason for all this happening in a simple debt collection
[21:35.000 --> 21:39.000]  or credit card dispute case is very simple, Randy.
[21:39.000 --> 21:46.000]  The credit card application, these outfits are offering people is a damnable fraud.
[21:46.000 --> 21:49.000]  That company does not exist.
[21:49.000 --> 21:53.000]  Missouri Secretary of State says it doesn't exist.
[21:53.000 --> 21:58.000]  And the Missouri Division of Finance is stonewall three.
[21:58.000 --> 22:01.000]  Missouri Sunshine Law requests and two federal subpoenas.
[22:01.000 --> 22:06.000]  They're not answering.
[22:06.000 --> 22:11.000]  So the real issue is that these people are in a lot of trouble.
[22:11.000 --> 22:16.000]  They're desperate to get this case thrown out.
[22:16.000 --> 22:27.000]  The problem they have is the trial court is only for the purpose of setting the record for appeal.
[22:27.000 --> 22:29.000]  And it's going to get set up.
[22:29.000 --> 22:34.000]  I've just about got my motion for vacate ready to go.
[22:34.000 --> 22:36.000]  It'll probably be filed this week.
[22:36.000 --> 22:41.000]  But before I file that, I wanted to file in the A circuit court of appeals.
[22:41.000 --> 22:43.000]  It's done in downtown St. Louis.
[22:43.000 --> 22:50.000]  That's where it's done on all misconduct complaints against judges.
[22:50.000 --> 22:52.000]  So I wanted to do that real well.
[22:52.000 --> 23:02.000]  I want to get that filed before I file my motion to vacate the order.
[23:02.000 --> 23:04.000]  Misconduct complaint.
[23:04.000 --> 23:06.000]  In the Fed, it's a big deal.
[23:06.000 --> 23:09.000]  It's a much bigger deal than it is in the state.
[23:09.000 --> 23:10.000]  Okay.
[23:10.000 --> 23:15.000]  It's actually essentially a pleading.
[23:15.000 --> 23:18.000]  It creates a case.
[23:18.000 --> 23:21.000]  And the court of appeals has to hear it.
[23:21.000 --> 23:28.000]  So that might be grounds to move to recuse the judge.
[23:28.000 --> 23:30.000]  Exactly.
[23:30.000 --> 23:40.000]  Another case I've read, when these type of situations come up, the judge is supposed to recuse himself.
[23:40.000 --> 23:43.000]  But I don't want him on this case any further.
[23:43.000 --> 23:45.000]  I want it to go to the appeals court.
[23:45.000 --> 23:47.000]  I want them to read everything that happened.
[23:47.000 --> 23:54.000]  And I may actually be able to do a mandamus based on all the procedural violations.
[23:54.000 --> 23:55.000]  It's a due process.
[23:55.000 --> 23:58.000]  It's an equal protections rights violation.
[23:58.000 --> 24:02.000]  He moved six motions to consolidate.
[24:02.000 --> 24:04.000]  That's under Rule 42A.
[24:04.000 --> 24:09.000]  He had no authority whatsoever to do this, Randy.
[24:09.000 --> 24:14.000]  And he dismissed my case in favor of due to summary judgments.
[24:14.000 --> 24:20.000]  And the whole order is fabricated, Randy.
[24:20.000 --> 24:29.000]  Well, the problem with federal judges is they kind of take care of one another.
[24:29.000 --> 24:32.000]  So it's really hard to hammer one.
[24:32.000 --> 24:38.000]  But Jirisakonda complaints against federal judges really hurt them,
[24:38.000 --> 24:47.000]  as it seems like every federal judge who's sitting aspires to the court of appeals.
[24:47.000 --> 24:54.000]  And every court of appeals judge who's sitting aspires to the Supreme.
[24:54.000 --> 25:01.000]  So when you start filing Jirisakonda complaints against them,
[25:01.000 --> 25:05.000]  that puts a mark on their record.
[25:05.000 --> 25:11.000]  Regardless of what the outcome is, it puts a mark on their record.
[25:11.000 --> 25:15.000]  Kind of like you get a new car, you drive down to Walmart.
[25:15.000 --> 25:23.000]  You go inside, you come out, somebody's bashed in your fender.
[25:23.000 --> 25:27.000]  You go back again, somebody bashes in another fender.
[25:27.000 --> 25:29.000]  The insurance company comes out and fixes it.
[25:29.000 --> 25:31.000]  They cancel.
[25:31.000 --> 25:34.000]  They don't care that it's not your fault.
[25:34.000 --> 25:38.000]  You are an undue risk.
[25:38.000 --> 25:43.000]  A lawyer goes to a law firm and tries to get hired onto the law firm.
[25:43.000 --> 25:46.000]  First thing they're going to do is ask,
[25:46.000 --> 25:49.000]  how many bar grievances got against you?
[25:49.000 --> 25:51.000]  And they don't care how they're adjudicated.
[25:51.000 --> 25:55.000]  They know that the bar is not going to act on any of them,
[25:55.000 --> 25:58.000]  unless they're politically motivated.
[25:58.000 --> 26:01.000]  So they don't care what it's about.
[26:01.000 --> 26:06.000]  If this guy's getting bar grievances, he's a bad risk.
[26:06.000 --> 26:11.000]  Same thing when they start looking for a judge to elevate to the court of appeals.
[26:11.000 --> 26:14.000]  Well, we've got these three judges over here,
[26:14.000 --> 26:18.000]  and they all have about the same history.
[26:18.000 --> 26:22.000]  Except this one's got three judicial conduct complaints against him,
[26:22.000 --> 26:24.000]  and these two don't have any.
[26:24.000 --> 26:27.000]  Well, they need a criteria to bump one of these.
[26:27.000 --> 26:30.000]  That'll work. He's out of here.
[26:30.000 --> 26:33.000]  And the judges know this.
[26:33.000 --> 26:36.000]  Once that's filed, it goes in his history.
[26:36.000 --> 26:40.000]  It never, ever goes away.
[26:40.000 --> 26:44.000]  Well, there's enough judicial misconduct complaints.
[26:44.000 --> 26:46.000]  Here's the bottom line.
[26:46.000 --> 26:52.000]  This attorney out of Jefferson City, Missouri, fabricated under oath,
[26:52.000 --> 26:55.000]  three bank employees, one bank owner.
[26:55.000 --> 26:59.000]  All four of these individuals lied under oath.
[26:59.000 --> 27:04.000]  That's ordination of perjury at Section 1620.
[27:04.000 --> 27:06.000]  I was going to ask a question.
[27:06.000 --> 27:16.000]  When you said all three of them lied under oath, was there lies of such a nature,
[27:16.000 --> 27:25.000]  or was there other evidence of such a nature that made it evident that they were lying?
[27:25.000 --> 27:27.000]  Absolutely, yes.
[27:27.000 --> 27:32.000]  So that would go to, was it evidence or just the nature of the,
[27:32.000 --> 27:35.000]  were the statements contradictory?
[27:35.000 --> 27:40.000]  I mean, one liar to another.
[27:40.000 --> 27:48.000]  Well, they're all using this entity as an avenue to get my case dismissed.
[27:48.000 --> 27:49.000]  No, no.
[27:49.000 --> 27:53.000]  What I'm looking for here is what constitutes perjury
[27:53.000 --> 27:59.000]  and how we can turn that perjury into subordination of perjury.
[27:59.000 --> 28:09.000]  Okay, well, it was more affidavit that the attorney drafted for her client,
[28:09.000 --> 28:18.000]  and the data she drafted for them to sign was knowingly and intentionally false.
[28:18.000 --> 28:24.000]  What evidence do you have to establish that these are false?
[28:24.000 --> 28:27.000]  Yes, I do, and yes, I have, and yes, I have.
[28:27.000 --> 28:29.000]  No, no, no, no, wait, wait, that was a question.
[28:29.000 --> 28:33.000]  What evidence, now you know that they're false.
[28:33.000 --> 28:34.000]  Yes.
[28:34.000 --> 28:41.000]  But what evidence is before the court that the judge would have had to have seen
[28:41.000 --> 28:46.000]  that demonstrates conclusively that the statements are false?
[28:46.000 --> 28:51.000]  The 147-page affidavit from the Secretary of State's office
[28:51.000 --> 28:59.000]  declaring that their statements, the data they put in there, was knowingly wrong.
[28:59.000 --> 29:01.000]  The Secretary of State said that?
[29:01.000 --> 29:03.000]  Yes, sir.
[29:03.000 --> 29:05.000]  And that's in the record?
[29:05.000 --> 29:06.000]  Yes, sir.
[29:06.000 --> 29:09.000]  Oh, wonderful.
[29:09.000 --> 29:14.000]  You will never win your case simply because you have the law and the facts on your side.
[29:14.000 --> 29:22.000]  Well, when you got a big-time politician stepping in the middle, that's a whole other animal.
[29:22.000 --> 29:23.000]  That's correct.
[29:23.000 --> 29:29.000]  And like I said earlier, the Missouri Division of Finance is stonewalling
[29:29.000 --> 29:33.000]  I have sent them three Missouri Sunshine Law requests.
[29:33.000 --> 29:36.000]  Hang on, hang on, we're about to go break.
[29:36.000 --> 29:38.000]  We'll pick this up on the other side.
[29:38.000 --> 29:45.000]  This is Randy Kelton from Rudolph Wall Radio, our call-in number, 512-646-1984.
[29:45.000 --> 29:47.000]  There's room on the call boards.
[29:47.000 --> 29:49.000]  If you have a question or comment, give us a call.
[29:49.000 --> 29:51.000]  We'll be right back.
[29:51.000 --> 30:08.000]  Attention all parents, the cartoon character SpongeBob SquarePants is in hot water.
[30:08.000 --> 30:12.000]  A new study suggests that kids who watch him suffer from attention and learning issues.
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[30:48.000 --> 30:52.000]  A new study finds watching just nine minutes of the fast-paced cartoon
[30:52.000 --> 30:56.000]  reduces four-year-olds' ability to learn and control themselves.
[30:56.000 --> 31:00.000]  Sixty preschoolers watched either SpongeBob or a slower-paced cartoon,
[31:00.000 --> 31:02.000]  or they just sat down to draw.
[31:02.000 --> 31:07.000]  Later, the SpongeBob kids scored 12 points lower on mental function tests than their peers.
[31:07.000 --> 31:09.000]  And when they measured impulsiveness,
[31:09.000 --> 31:13.000]  the SpongeBob kids could wait only half as long as the others to eat snacks.
[31:13.000 --> 31:19.000]  So parents, the next time your kids need to concentrate and learn, do them and the teacher a favor.
[31:19.000 --> 31:21.000]  Turn off the fast-paced cartoons.
[31:21.000 --> 31:44.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[31:58.000 --> 32:02.000]  Only at CISUSA.org.
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[32:05.000 --> 32:08.000]  In today's America, we live in an us-against-them society.
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[33:28.000 --> 33:29.000]  Hey, we are back.
[33:29.000 --> 33:31.000]  Randy Kelton, rule of law radio.
[33:31.000 --> 33:34.000]  We're talking to Terry in Michigan.
[33:34.000 --> 33:44.000]  So, you can establish conclusively by a higher level public official
[33:44.000 --> 33:49.000]  that these people committed aggravated perjury
[33:49.000 --> 33:54.000]  and this information is in the record before the court.
[33:54.000 --> 33:56.000]  Correct.
[33:56.000 --> 34:01.000]  Did you move to have their testimony stricken?
[34:01.000 --> 34:04.000]  Yes, I have.
[34:04.000 --> 34:09.000]  And did the judge hold a hearing on your motion?
[34:09.000 --> 34:10.000]  No, he did not.
[34:10.000 --> 34:12.000]  I asked him for a hearing twice.
[34:12.000 --> 34:14.000]  He denied it.
[34:14.000 --> 34:16.000]  Ooh.
[34:16.000 --> 34:19.000]  Grounds for denying your motion?
[34:19.000 --> 34:22.000]  Denying women.
[34:22.000 --> 34:29.000]  What was his reason for denying you a hearing on the motion?
[34:29.000 --> 34:31.000]  Pardon me, Randy.
[34:31.000 --> 34:37.000]  What was his grounds for denying you a hearing on the motion?
[34:37.000 --> 34:40.000]  I'd have to go back and read his order again.
[34:40.000 --> 34:46.000]  I don't recall, but I think it was pretty doggone frivolous.
[34:46.000 --> 34:51.000]  Then file criminally against him for due process violation.
[34:51.000 --> 34:54.000]  That's what I was getting ready to do.
[34:54.000 --> 34:58.000]  That was the basis of my phone call with you this evening.
[34:58.000 --> 34:59.000]  Oh, okay.
[34:59.000 --> 35:00.000]  Good.
[35:00.000 --> 35:06.000]  I take it you have read 18 U.S. Code 242?
[35:06.000 --> 35:09.000]  No, I haven't, but I will.
[35:09.000 --> 35:11.000]  That's the one.
[35:11.000 --> 35:18.000]  Every state has a statute that reflects 18 U.S. Code 242.
[35:18.000 --> 35:22.000]  18 U.S. Code 242 is the Ku Klux Klan Act.
[35:22.000 --> 35:23.000]  Okay.
[35:23.000 --> 35:28.000]  After the Civil War during the Reconstruction,
[35:28.000 --> 35:35.000]  the North left the political structures in place in the South
[35:35.000 --> 35:38.000]  so that they didn't have anarchy,
[35:38.000 --> 35:43.000]  and went down and gave them orders to do things differently.
[35:43.000 --> 35:48.000]  For the most part, the mayors and constables and sheriffs
[35:48.000 --> 35:53.000]  told the Yankee carpetbaggers to go scratch.
[35:53.000 --> 35:58.000]  In 1871, they passed the Ku Klux Klan Act.
[35:58.000 --> 36:08.000]  Most of us are familiar with the Ku Klux Klan Act under 42 U.S. Code 1983.
[36:08.000 --> 36:17.000]  That's the statute that gives you the right to sue a public official
[36:17.000 --> 36:25.000]  for torts committed while the official is acting under the color of their authority.
[36:25.000 --> 36:30.000]  That's the one we always hear about, but that's the second part of the act.
[36:30.000 --> 36:35.000]  The first part of the act is 18 U.S. Code 242.
[36:35.000 --> 36:38.000]  That makes it, well, let me back up.
[36:38.000 --> 36:44.000]  42 U.S. Code 1983 makes a public official subject to suit
[36:44.000 --> 36:49.000]  if they exert or purport to exert an authority they do not expressly have,
[36:49.000 --> 36:51.000]  malfeasance in office,
[36:51.000 --> 36:54.000]  or if they fail to perform a duty they're required to perform,
[36:54.000 --> 36:56.000]  misfeasance in office,
[36:56.000 --> 37:01.000]  and in the process cause you harm, you can sue them.
[37:01.000 --> 37:06.000]  18 U.S. Code 242 says if a public official acting under the color of his authority,
[37:06.000 --> 37:09.000]  color meaning pretense,
[37:09.000 --> 37:11.000]  fails to perform a duty he's required to perform
[37:11.000 --> 37:15.000]  or exerts or purports to exert an authority he does not expressly have,
[37:15.000 --> 37:19.000]  and in the process denies uniform free access to or enjoyment of rights,
[37:19.000 --> 37:22.000]  classic misdemeanor.
[37:22.000 --> 37:27.000]  Every state has a statute that reflects that, at least every one I've looked at.
[37:27.000 --> 37:32.000]  Almost all of them use the exact same wording.
[37:32.000 --> 37:36.000]  And that's kind of a catch-all.
[37:36.000 --> 37:42.000]  You can almost always find something to nail them with under that one.
[37:42.000 --> 37:46.000]  Everybody should have that one memorized.
[37:46.000 --> 37:53.000]  And here you have a judge suborning perjury.
[37:53.000 --> 38:00.000]  18 U.S. Code 4.
[38:00.000 --> 38:06.000]  That's the suborning perjury, 18 U.S. Code 4.
[38:06.000 --> 38:13.000]  I mean it's not 18 U.S. Code 96, 87, way down there in the back somewhere.
[38:13.000 --> 38:16.000]  Four, and three's been repealed.
[38:16.000 --> 38:20.000]  So it's right up there in the front.
[38:20.000 --> 38:27.000]  I'm sorry, in the Fed it's called misprision of felony.
[38:27.000 --> 38:33.000]  The third statute in the book addresses this exact issue.
[38:33.000 --> 38:36.000]  The legislature intended that these not be missed,
[38:36.000 --> 38:41.000]  so this is a great one to go after the judge for.
[38:41.000 --> 38:49.000]  Well, right now I certainly want to file in the A circuit court of appeals
[38:49.000 --> 38:53.000]  a criminal misconduct complaint that will stick.
[38:53.000 --> 38:55.000]  Hold on, hold on.
[38:55.000 --> 38:58.000]  Let's back up a little bit.
[38:58.000 --> 39:02.000]  There may be another strategy here.
[39:02.000 --> 39:06.000]  You might need to do a little homework first.
[39:06.000 --> 39:13.000]  Who owns the federal courthouse where this judge sits?
[39:13.000 --> 39:19.000]  Green County, Missouri, which is Springfield, Missouri.
[39:19.000 --> 39:27.000]  So the judge is in Green County, Missouri, and he, I'm sure,
[39:27.000 --> 39:31.000]  as a matter of fact I'm certain that Missouri has this statute
[39:31.000 --> 39:36.000]  because I've had someone look it up for me and read it on the air for me.
[39:36.000 --> 39:40.000]  The judge was not in a federal enclave.
[39:40.000 --> 39:44.000]  He was in this state.
[39:44.000 --> 39:52.000]  And he committed an act that violates the penal code of the state of Missouri.
[39:52.000 --> 39:55.000]  You know, if the judge got up off at the bench and walked over
[39:55.000 --> 40:02.000]  and punched you right in the face, he would not be prosecuted in the Fed.
[40:02.000 --> 40:06.000]  He'd be prosecuted in the state because the state court,
[40:06.000 --> 40:12.000]  the federal courthouse has not been ceded to the state, to the federal government.
[40:12.000 --> 40:18.000]  In Texas we only have two properties that have been ceded to the federal government.
[40:18.000 --> 40:22.000]  And those are two federal prisons.
[40:22.000 --> 40:31.000]  And they did that so that the prisons could hire their own guards and security personnel.
[40:31.000 --> 40:35.000]  And they didn't have to use state personnel.
[40:35.000 --> 40:41.000]  Well, everything else is a state, and I'm sure that Missouri is going to be the same way.
[40:41.000 --> 40:45.000]  And if you're certain that the courthouse belongs to the county,
[40:45.000 --> 40:52.000]  then you file your criminal complaints with the local grand jury.
[40:52.000 --> 40:57.000]  Now, getting it to the local grand jury is going to be a trick.
[40:57.000 --> 41:06.000]  Have you read this section of the Missouri Code of Criminal Procedure that addresses grand juries?
[41:06.000 --> 41:08.000]  No, sir, I have not.
[41:08.000 --> 41:13.000]  You need to pull that out. It's not going to be very long, in a chapter maybe,
[41:13.000 --> 41:18.000]  and you will find it most enlightening.
[41:18.000 --> 41:21.000]  But read it very carefully.
[41:21.000 --> 41:22.000]  Okay.
[41:22.000 --> 41:26.000]  Read it from the perspective of an engineer.
[41:26.000 --> 41:30.000]  How does each dot connect together?
[41:30.000 --> 41:33.000]  You need to read it probably two or three times.
[41:33.000 --> 41:36.000]  You do that, you'll know it better than any lawyer does.
[41:36.000 --> 41:37.000]  Okay.
[41:37.000 --> 41:42.000]  But read carefully how all the pieces fit together.
[41:42.000 --> 41:47.000]  In Texas, I've been through the whole thing,
[41:47.000 --> 41:54.000]  and it takes a while of looking at this to really begin to see how all the pieces fit together.
[41:54.000 --> 41:59.000]  The way it's supposed to work in Texas is that the prosecutor,
[41:59.000 --> 42:02.000]  that's the last guy you want to take the complaint to,
[42:02.000 --> 42:06.000]  because the prosecutor is just a lawyer for the state.
[42:06.000 --> 42:11.000]  He's a public official, but he's only a lawyer.
[42:11.000 --> 42:20.000]  He's not a public official like the magistrates and judges and clerks and these others.
[42:20.000 --> 42:22.000]  He's just a lawyer.
[42:22.000 --> 42:26.000]  So the way the code is set up,
[42:26.000 --> 42:34.000]  the prosecutor has nothing to do with the institution of a criminal case.
[42:34.000 --> 42:38.000]  A police officer, if he has knowledge of crimes been committed,
[42:38.000 --> 42:43.000]  he's to present a complaint to some magistrate.
[42:43.000 --> 42:57.000]  And it is traditional, it doesn't say in the law that a private citizen can present a complaint to some magistrate.
[42:57.000 --> 42:59.000]  It doesn't say that exactly.
[42:59.000 --> 43:07.000]  What it says is that when a magistrate is made known that a crime has been committed,
[43:07.000 --> 43:12.000]  he has to induce an examining trial.
[43:12.000 --> 43:19.000]  So when he's given notice, like a policeman goes to a judge to get a warrant,
[43:19.000 --> 43:21.000]  he's not going to a judge.
[43:21.000 --> 43:26.000]  Okay, the guy may be a judge, but he's not there to invoke his duty as a judge.
[43:26.000 --> 43:29.000]  He's there to invoke his duty as a magistrate.
[43:29.000 --> 43:40.000]  And as a magistrate, the only thing he can do is marry someone, settle adoptions, and hold examinations.
[43:40.000 --> 43:43.000]  Hang on, Randy Kelton, use the radio.
[43:43.000 --> 43:46.000]  I'll call you at number 512-646-1984.
[43:46.000 --> 44:02.000]  We'll be right back.
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[44:47.000 --> 45:01.000]  Naturespureorganics.com.
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[46:02.000 --> 46:25.000]  Music
[46:25.000 --> 46:39.000]  Music
[46:39.000 --> 46:45.000]  Okay, we are back. Randy Kelton, Rule of Law Radio and we're talking to Terry in Michigan.
[46:45.000 --> 46:51.000]  Terry, this could get to be a lot of fun. It could get to be real interesting.
[46:51.000 --> 47:00.000]  Look at how the structure is set up. Prosecutors tend to try to capture this procedure.
[47:00.000 --> 47:07.000]  But the way it's supposed to happen is a complaint is presented to some magistrate.
[47:07.000 --> 47:13.000]  The magistrate holds an examining trial, makes a determination of probable cause.
[47:13.000 --> 47:20.000]  That's what these judges do when you watch these TV programs where they go to a judge to get a warrant.
[47:20.000 --> 47:28.000]  Judges don't issue warrants unless there's already a trial in place. Magistrates issue warrants.
[47:28.000 --> 47:39.000]  So once the magistrate issues the warrant, he has made a determination of probable cause.
[47:39.000 --> 47:46.000]  He will then afford that determination of probable cause to the clerk of the court of jurisdiction.
[47:46.000 --> 47:56.000]  This transfers jurisdiction. The magistrate has jurisdiction for the purpose of holding an examining trial.
[47:56.000 --> 48:07.000]  If he finds probable cause, then he forwards that order showing the finding of probable cause to the clerk of the court of jurisdiction.
[48:07.000 --> 48:12.000]  This moves jurisdiction from the magistrate to the court.
[48:12.000 --> 48:28.000]  In Texas, what the code says is 2.11 is the code of criminal procedures, the one that requires the magistrate to hold an exam.
[48:28.000 --> 48:36.000]  I said 2.10, 2.11. 2.10 requires the judge to examine into all criminal accusations.
[48:36.000 --> 48:45.000]  2.11 says that when a judge sits for the purpose of examining into a criminalization, that is an examining court.
[48:45.000 --> 48:54.000]  Chapter 16, a whole chapter, stipulates all of the things he's supposed to do when he holds an examining court.
[48:54.000 --> 49:08.000]  When he's finished under 1617, he's to issue an order stating whether he held a person at his liberty, remanded him to the state,
[49:08.000 --> 49:12.000]  released him on bail, or remanded him to the jail.
[49:12.000 --> 49:17.000]  Found probable cause, released him on bail, tells all the things he's supposed to do.
[49:17.000 --> 49:29.000]  Then he's to seal all, 17.30, the next chapter, says after examining trial, the district cell seal all documents had in the hearing,
[49:29.000 --> 49:36.000]  including the complaint, any statement of the witness, and all other documents had in the hearing in an envelope,
[49:36.000 --> 49:43.000]  causes name to be written across the seal of the envelope and forwarded to the clerk of the court of jurisdiction.
[49:43.000 --> 49:52.000]  And 17.31, the clerks shall keep all these papers safe and deliver them up to the next grand jury.
[49:52.000 --> 49:58.000]  So the way it goes is, if it's a felony, it goes to the grand jury.
[49:58.000 --> 50:08.000]  If it's a misdemeanor, it goes to the county clerk and she issues it on the docket and initiates a prosecution.
[50:08.000 --> 50:12.000]  Missouri is almost certainly going to be very, very similar.
[50:12.000 --> 50:15.000]  There is a procedure required.
[50:15.000 --> 50:22.000]  Excuse me.
[50:22.000 --> 50:24.000]  I think I swallowed a bug.
[50:24.000 --> 50:26.000]  Okay, there's a procedure required.
[50:26.000 --> 50:32.000]  It's going to be a procedure that's as pedantic as the one I've been talking about.
[50:32.000 --> 50:38.000]  And it will be in your criminal procedure code.
[50:38.000 --> 50:45.000]  Once you look at the code, and if I can get jurisprudence up by Monday,
[50:45.000 --> 50:50.000]  you can go in there and pull the writ of habeas corpus.
[50:50.000 --> 50:57.000]  Top frog on the left is a habeas corpus, and it walks down a due process.
[50:57.000 --> 50:59.000]  That will help.
[50:59.000 --> 51:04.000]  But that's more general because it goes more to federal law in Texas.
[51:04.000 --> 51:12.000]  Read that code of criminal procedure on the section concerning magistrates,
[51:12.000 --> 51:15.000]  the section concerning the grand jury.
[51:15.000 --> 51:24.000]  The section on magistrates should lead you through the process.
[51:24.000 --> 51:27.000]  The section on grand juries, read that one.
[51:27.000 --> 51:30.000]  What are the duties of the grand jury?
[51:30.000 --> 51:33.000]  How is the grand jury impaneled?
[51:33.000 --> 51:41.000]  What power does a prosecuting attorney have concerning a grand jury?
[51:41.000 --> 51:44.000]  In Texas, they have none.
[51:44.000 --> 51:56.000]  Other than the prosecutor has a statutory right to do a presentment to the grand jury.
[51:56.000 --> 52:03.000]  But a presentment is not the same as notice.
[52:03.000 --> 52:10.000]  And what prosecutors have attempted to do is take control of everything that goes to the grand jury
[52:10.000 --> 52:17.000]  by saying that any kind of notice is a presentment.
[52:17.000 --> 52:23.000]  By using the term presentment, which has a legal meaning,
[52:23.000 --> 52:28.000]  they pull it out from that legal meaning and use it in its common meaning.
[52:28.000 --> 52:34.000]  I go to the grand jury and I present them with a criminal complaint.
[52:34.000 --> 52:37.000]  That's not a presentment.
[52:37.000 --> 52:39.000]  That's notice.
[52:39.000 --> 52:48.000]  But the prosecutors call that a presentment and say only the prosecuting attorney can present to the grand jury.
[52:48.000 --> 52:52.000]  But that's not what the federal law says, and that's not what Texas law says.
[52:52.000 --> 52:58.000]  That's not what Colorado, North Carolina, or Pennsylvania says.
[52:58.000 --> 53:05.000]  Anyone can present to a grand jury at the grand jury's request.
[53:05.000 --> 53:12.000]  Only the prosecutor may present to the grand jury as a matter of right.
[53:12.000 --> 53:19.000]  But a presentment is a formal presentation of the offense.
[53:19.000 --> 53:21.000]  You don't want to do that.
[53:21.000 --> 53:24.000]  You want to give them notice.
[53:24.000 --> 53:26.000]  And look in the code.
[53:26.000 --> 53:32.000]  Almost certainly you will have a code that reflects 20.09.
[53:32.000 --> 53:41.000]  20.09 in Texas law says it shall be the duty of the grand jury to investigate into all criminal accusations
[53:41.000 --> 53:47.000]  of which any grand juror may have knowledge or which may be,
[53:47.000 --> 53:57.000]  I forget exactly how it says it, which they are made known by the prosecuting attorney or any credible person.
[53:57.000 --> 54:06.000]  That is almost certainly certain to be in place in Missouri.
[54:06.000 --> 54:18.000]  Colorado, North Carolina, California, and one other that I've actually looked at.
[54:18.000 --> 54:19.000]  I don't remember what it is.
[54:19.000 --> 54:23.000]  I think it might be Massachusetts that I've actually looked at.
[54:23.000 --> 54:27.000]  Follow the federal code exactly.
[54:27.000 --> 54:40.000]  And it's where it says it shall be the duty to investigate into all offenses that come to their knowledge by whatever means.
[54:40.000 --> 54:49.000]  That's better than Texas because it opens the grand jury to receive notice from anybody.
[54:49.000 --> 54:55.000]  But read the code specifically for Missouri.
[54:55.000 --> 54:58.000]  Once you've got it down, then walk them through the code.
[54:58.000 --> 55:03.000]  If you've been listening to this show for a while, you're familiar with what we call the routine.
[55:03.000 --> 55:06.000]  Are you familiar with that, Terry?
[55:06.000 --> 55:08.000]  Well, that sounds great, Randy.
[55:08.000 --> 55:12.000]  Here's the thing that impresses me about that.
[55:12.000 --> 55:18.000]  I can draft this in such a way that it's going to come to their attention
[55:18.000 --> 55:24.000]  that they're falsifying these credit card applications for everybody in the state.
[55:24.000 --> 55:36.000]  And it may actually get their attention that like the IRS, the Securities and Exchange is missing a lot of money.
[55:36.000 --> 55:37.000]  Okay.
[55:37.000 --> 55:38.000]  Okay.
[55:38.000 --> 55:44.000]  There is an IRS form that you can file.
[55:44.000 --> 55:49.000]  I want to say 4989, something like that.
[55:49.000 --> 55:53.000]  It's a form for reporting tax fraud.
[55:53.000 --> 55:55.000]  Okay.
[55:55.000 --> 55:56.000]  You look that one up.
[55:56.000 --> 55:59.000]  I forget what the form is.
[55:59.000 --> 56:02.000]  It's got two nines in it, I remember that part.
[56:02.000 --> 56:03.000]  Okay.
[56:03.000 --> 56:09.000]  But look up that form and make up your argument.
[56:09.000 --> 56:12.000]  Here you want to present to a grand jury.
[56:12.000 --> 56:13.000]  Yeah.
[56:13.000 --> 56:20.000]  You may not ever actually get to the grand jury, but you're going to get a lot of politics.
[56:20.000 --> 56:30.000]  You make up a well-formed complaint and you make sure that the complaint addresses all of the elements of the criminal accusation.
[56:30.000 --> 56:32.000]  Yeah.
[56:32.000 --> 56:38.000]  And you start out by filing it with a magistrate.
[56:38.000 --> 56:45.000]  And when the magistrate doesn't act on it, I like to go to a really low-level magistrate,
[56:45.000 --> 56:51.000]  like a justice of the peace or a municipal court judge.
[56:51.000 --> 56:56.000]  They get real excited really easily.
[56:56.000 --> 56:58.000]  Oh, thank you, Jeff.
[56:58.000 --> 57:03.000]  Jeff said you just sent it to me, 3949A.
[57:03.000 --> 57:12.000]  That's the form, the IRS form to give notice of tax fraud.
[57:12.000 --> 57:13.000]  Okay.
[57:13.000 --> 57:23.000]  And if you file that against these credit card companies, the IRS is likely to look at that and start jumping up and down and clapping their hands
[57:23.000 --> 57:25.000]  because they got a shot at them.
[57:25.000 --> 57:34.000]  But the rest of the complaints themselves seem to be especially pertinent to Missouri.
[57:34.000 --> 57:35.000]  Okay.
[57:35.000 --> 57:43.000]  So the feds aren't going to be so concerned that these guys in Missouri are screwing around in Missouri.
[57:43.000 --> 57:46.000]  They're more concerned with overall general issues.
[57:46.000 --> 57:57.000]  But the state, local grand juries, they are the most powerful agent for change we have.
[57:57.000 --> 58:02.000]  And they are absolutely underused.
[58:02.000 --> 58:09.000]  What told me that they were the most powerful thing we have was when my prosecuting attorney said,
[58:09.000 --> 58:16.000]  those darn grand jurors, you never know what they're going to do.
[58:16.000 --> 58:20.000]  That told me he doesn't feel like he has control over them.
[58:20.000 --> 58:23.000]  Nobody feels like anybody has control over them.
[58:23.000 --> 58:31.000]  Whether they indict or not, you've been playing Russian roulette the whole time they've had your complaints.
[58:31.000 --> 58:35.000]  And this is how we'll get these people to change their behavior.
[58:35.000 --> 58:37.000]  Hang on, Randy Kelton, we have our radio.
[58:37.000 --> 58:41.000]  I call it number 512-646-1984.
[58:41.000 --> 58:50.000]  We'll be right back.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 59:00.000]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:00.000 --> 59:06.000]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
[59:06.000 --> 59:13.000]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.000 --> 59:18.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.000 --> 59:24.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:24.000 --> 59:27.000]  growing in Christ and how to build up the Church.
[59:27.000 --> 59:33.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:33.000 --> 59:40.000]  call Bibles for America toll-free at 888-551-0102.
[59:40.000 --> 59:44.000]  That's 888-551-0102.
[59:44.000 --> 59:50.000]  Or visit us online at bfa.org.
[59:50.000 --> 01:00:00.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.000 --> 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 --> 01:00:15.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:15.000 --> 01:00:29.000]  Markets for the 9th of July 2015 opened up with gold at $1,158.96 an ounce, silver $15.39 an ounce,
[01:00:29.000 --> 01:00:36.000]  Texas crude $51.55 a barrel, and Bitcoin is currently sitting at about 271 U.S. currency.
[01:00:36.000 --> 01:00:49.000]  Today in history, Wednesday, July 9, 1980, seven people unfortunately died in a stampede of a frenzied crowd
[01:00:49.000 --> 01:00:54.000]  eager to see Pope John Paul II while he was visiting in Terracina, Brazil.
[01:00:54.000 --> 01:01:03.000]  In recent news, Marine General Joseph Dunford, nominee for the next chairman of the Joint Chiefs of Staff,
[01:01:03.000 --> 01:01:07.000]  rates Russia as the greatest threat to U.S. national security.
[01:01:07.000 --> 01:01:11.000]  My assessment today is that Russia presents the greatest threat to our national security,
[01:01:11.000 --> 01:01:15.000]  as what he told the Senate Armed Services Committee at his confirmation hearing this morning.
[01:01:15.000 --> 01:01:20.000]  In line with what current chairman General Martin Dempsey said in a recently released report,
[01:01:20.000 --> 01:01:23.000]  the National Military Strategy by the Joint Chiefs of Staff,
[01:01:23.000 --> 01:01:27.000]  he said that Russia repeatedly demonstrates that it does not respect the sovereignty of its neighbors
[01:01:27.000 --> 01:01:30.000]  and it's willing to use force to achieve its goals.
[01:01:30.000 --> 01:01:34.000]  Of course, Russia has been saying the same exact thing for some years now
[01:01:34.000 --> 01:01:44.000]  about NATO and U.S. militaristic endeavors in the Middle East.
[01:01:44.000 --> 01:01:50.000]  According to the first report, an 87-page document filed this morning in a federal district court in Manhattan
[01:01:50.000 --> 01:01:55.000]  by federal monitor Peter L. Zimmeroff in charge of overseeing New York City's police department's
[01:01:55.000 --> 01:02:00.000]  stop and frisk tactics, which were found to be unconstitutional in 2013,
[01:02:00.000 --> 01:02:05.000]  found that police officers have simply stopped documenting all the encounters that they have had with citizenry,
[01:02:05.000 --> 01:02:13.000]  seriously calling into question the official accounting of a substantial decline in the unconstitutional stop and frisk tactic.
[01:02:13.000 --> 01:02:20.000]  Mr. Zimmeroff wrote that NYPD has conducted several precinct audits and concluded that some stops were made but not documented.
[01:02:20.000 --> 01:02:23.000]  More work needs to be done to determine the extent of the problem
[01:02:23.000 --> 01:02:26.000]  and to make sure that there is proper record keeping.
[01:02:26.000 --> 01:02:33.000]  Weather stops have fallen to 46,000 last year from the peak of more than 685,000 in 2011
[01:02:33.000 --> 01:02:45.000]  because they're simply not being documented as a serious source of concern.
[01:02:45.000 --> 01:02:48.000]  The Lone Star Lowdown is looking for sponsors.
[01:02:48.000 --> 01:02:51.000]  If you have a product or service that you'd like to advertise here,
[01:02:51.000 --> 01:02:56.000]  feel free to give us a call at 210-863-5617.
[01:02:56.000 --> 01:03:23.000]  This has been your Lowdown for July 9, 2015.
[01:03:26.000 --> 01:03:51.000]  Okay, we are back.
[01:03:51.000 --> 01:03:58.000]  Randy Kelton, Radio, and we're talking to Terry here in Michigan.
[01:03:58.000 --> 01:04:01.000]  Terry, you have a really good case here.
[01:04:01.000 --> 01:04:07.000]  I know I may sound like I'm being kind of pedantic and badgering all these details,
[01:04:07.000 --> 01:04:14.000]  but you have a good opportunity here to really hammer these guys.
[01:04:14.000 --> 01:04:18.000]  So you want to do a lot of reading and a lot of research.
[01:04:18.000 --> 01:04:21.000]  This would be worth your time.
[01:04:21.000 --> 01:04:22.000]  Yes, sir.
[01:04:22.000 --> 01:04:25.000]  I know it because I got them.
[01:04:25.000 --> 01:04:31.000]  Okay, get the Code of Criminal Procedure and the penal code.
[01:04:31.000 --> 01:04:36.000]  They're not nearly as long as they appear because there's so much white space in them.
[01:04:36.000 --> 01:04:38.000]  They're all outlined.
[01:04:38.000 --> 01:04:40.000]  And just cruise through them.
[01:04:40.000 --> 01:04:43.000]  Don't try to understand everything.
[01:04:43.000 --> 01:04:46.000]  You have to understand how this is done.
[01:04:46.000 --> 01:04:53.000]  They pass laws as they come to them, and they go into the general laws.
[01:04:53.000 --> 01:04:57.000]  And then they hire a publishing company to go through all of those laws
[01:04:57.000 --> 01:05:05.000]  and put them together so that all these same kinds of laws are in the same chapters.
[01:05:05.000 --> 01:05:12.000]  And what happens with that is you've got a law in the front that refers to a law in the back
[01:05:12.000 --> 01:05:15.000]  that refers to a law in the middle.
[01:05:15.000 --> 01:05:17.000]  You just try to follow this.
[01:05:17.000 --> 01:05:20.000]  It jumps you all over, and it don't make sense.
[01:05:20.000 --> 01:05:24.000]  But if you just read through the whole thing quickly, don't try to understand it.
[01:05:24.000 --> 01:05:25.000]  Just read it.
[01:05:25.000 --> 01:05:28.000]  And then go back and read it again.
[01:05:28.000 --> 01:05:36.000]  Then like in Texas, when you read 2.10 and 2.11, where 2.11 says,
[01:05:36.000 --> 01:05:41.000]  when a magistrate shifts for the purpose of examining into a criminal accusation,
[01:05:41.000 --> 01:05:43.000]  that is an examining court.
[01:05:43.000 --> 01:05:47.000]  That's what Chapter 16 back there was about.
[01:05:47.000 --> 01:05:53.000]  The second time you read it, you'll start making these connections back and forth.
[01:05:53.000 --> 01:05:57.000]  When I get a lawyer in court, and I start walking through that code,
[01:05:57.000 --> 01:06:12.000]  and I go from 2.10, 2.11, Chapter 16, 1601, 1606, 1608, 1617, 1620, 1730, 1731,
[01:06:12.000 --> 01:06:20.000]  1403, 1405, 1517, his brain starts to get muddled.
[01:06:20.000 --> 01:06:25.000]  And it sounds like I've got the whole code memorized.
[01:06:25.000 --> 01:06:27.000]  I said, no, no, that ain't how it works.
[01:06:27.000 --> 01:06:33.000]  I got this little map through the code because it read the whole thing,
[01:06:33.000 --> 01:06:35.000]  and then it went back and read it again.
[01:06:35.000 --> 01:06:40.000]  And the second time I read it, now I remember where I saw something
[01:06:40.000 --> 01:06:45.000]  that related to that, and you put those connections together.
[01:06:45.000 --> 01:06:51.000]  You will be bad news if they try to deal with you.
[01:06:51.000 --> 01:06:53.000]  And the penal code is the same way.
[01:06:53.000 --> 01:06:57.000]  You'll read the penal code like a comic book.
[01:06:57.000 --> 01:07:03.000]  You'll find stuff you can nail them with that they never dreamed of.
[01:07:03.000 --> 01:07:11.000]  And this is what I do to them is I get them to do what they normally do,
[01:07:11.000 --> 01:07:14.000]  and then I start stacking in the complaints.
[01:07:14.000 --> 01:07:20.000]  I go before a judge, and when the judge does something wrong,
[01:07:20.000 --> 01:07:23.000]  I ask the bailiff to arrest him.
[01:07:23.000 --> 01:07:26.000]  Then when I ask the bailiff to arrest him,
[01:07:26.000 --> 01:07:35.000]  if the bailiff says anything to me that I can in any way construe as threatening,
[01:07:35.000 --> 01:07:38.000]  like, well, you really have to be careful,
[01:07:38.000 --> 01:07:42.000]  or you can get in a lot of trouble doing this, tampering with a witness,
[01:07:42.000 --> 01:07:45.000]  or a obstruction of justice, both of them felonies.
[01:07:45.000 --> 01:07:51.000]  So if you guys want to play, we'll introduce you to the deep end of the pool.
[01:07:51.000 --> 01:07:56.000]  And once you've read these two sets of codes twice,
[01:07:56.000 --> 01:08:04.000]  you will be in a position to where you can really wind the federal court's clock.
[01:08:04.000 --> 01:08:07.000]  Well, it needs to be done, Randy.
[01:08:07.000 --> 01:08:12.000]  I know I've done my homework to this point, and everything is on the record.
[01:08:12.000 --> 01:08:17.000]  And there's just no question about it that these outfits,
[01:08:17.000 --> 01:08:21.000]  these companies are doing something extremely illegal.
[01:08:21.000 --> 01:08:26.000]  And just by chance, because I disputed this credit card account,
[01:08:26.000 --> 01:08:28.000]  it revealed the fraud.
[01:08:28.000 --> 01:08:33.000]  I didn't know that until I got some of the discovery partly accomplished.
[01:08:33.000 --> 01:08:37.000]  And once I'd done that, that's when they knew I was starting to catch on
[01:08:37.000 --> 01:08:42.000]  and everything started to come apart, the judges denying everything.
[01:08:42.000 --> 01:08:51.000]  I mean, I even sent a federal subpoena to the law firm, and he denied that as well.
[01:08:51.000 --> 01:08:55.000]  Well, the more they screw it up, the better for you in the end.
[01:08:55.000 --> 01:09:00.000]  Yes, it is. We know this.
[01:09:00.000 --> 01:09:06.000]  Now, if you start pursuing them criminally now, it starts bringing all this back on them.
[01:09:06.000 --> 01:09:13.000]  The only way they can get rid of you is to give you the ruling that you want.
[01:09:13.000 --> 01:09:16.000]  Yeah, and that ruling, like I said on our very first call,
[01:09:16.000 --> 01:09:25.000]  when I told you that figure, it has exceeded that in several ways.
[01:09:25.000 --> 01:09:27.000]  Okay. Well, have fun with this.
[01:09:27.000 --> 01:09:29.000]  I would say that kind of money.
[01:09:29.000 --> 01:09:33.000]  Okay. Before you do this, make sure you stay on the show.
[01:09:33.000 --> 01:09:35.000]  There's some other things I'd like to go through with you.
[01:09:35.000 --> 01:09:39.000]  After reading your pleadings, there's some other things I'd like to go through with you,
[01:09:39.000 --> 01:09:44.000]  like have you looked up any litigation guides?
[01:09:44.000 --> 01:09:48.000]  No, I have not. I've been told to do that, and I have not had the chance.
[01:09:48.000 --> 01:09:54.000]  Okay. I want you to take the phone and beat yourself around the eyes and ears.
[01:09:54.000 --> 01:09:59.000]  That will save you so much time you won't believe it.
[01:09:59.000 --> 01:10:06.000]  In Texas, we have O'Connor's, and they have O'Connor's civil trials.
[01:10:06.000 --> 01:10:14.000]  Nobody should write a pleading in Texas without O'Connor's civil trials in their hand.
[01:10:14.000 --> 01:10:21.000]  You go to whatever pleading it is, and you fill it in the blanks.
[01:10:21.000 --> 01:10:26.000]  And when you're done, your pleading looks just like every other lawyer's pleading,
[01:10:26.000 --> 01:10:32.000]  and 90% of what you need is already in that pleading or motion.
[01:10:32.000 --> 01:10:36.000]  And you just fill in the stuff that's relevant to your particular issue.
[01:10:36.000 --> 01:10:42.000]  And then when the judge gets it, it looks like a lawyer wrote it.
[01:10:42.000 --> 01:10:46.000]  And, man, all your arguments are there.
[01:10:46.000 --> 01:10:50.000]  How to write a motion, how to defend against a motion,
[01:10:50.000 --> 01:10:54.000]  all the case law you would use on all the standard issues,
[01:10:54.000 --> 01:10:58.000]  that will save you more time than anything else.
[01:10:58.000 --> 01:11:09.000]  And then there are some specifics on how to write motions and how to deal in law.
[01:11:09.000 --> 01:11:14.000]  One of the things is never make a proactive statement of law out of your own mouth.
[01:11:14.000 --> 01:11:18.000]  Never say, this is what they're supposed to do.
[01:11:18.000 --> 01:11:26.000]  You say, this is what the court in such and such a case said, and quote what the case said.
[01:11:26.000 --> 01:11:31.000]  Never use pronouns, never use acronyms.
[01:11:31.000 --> 01:11:38.000]  Call back in next week, and we'll go through how to construct pleadings
[01:11:38.000 --> 01:11:47.000]  that will make your job tremendously easier and give you much, much more effective pleadings.
[01:11:47.000 --> 01:11:49.000]  Okay.
[01:11:49.000 --> 01:11:51.000]  You got your homework to do.
[01:11:51.000 --> 01:11:53.000]  Yes, sir.
[01:11:53.000 --> 01:11:55.000]  Okay, thank you, and I'll talk to you next week.
[01:11:55.000 --> 01:11:56.000]  Yes, sir.
[01:11:56.000 --> 01:11:57.000]  Randy, look forward to it.
[01:11:57.000 --> 01:11:58.000]  Bye-bye.
[01:11:58.000 --> 01:12:00.000]  Okay, bye.
[01:12:00.000 --> 01:12:03.000]  Okay, now we're going to Mr. Jeff in Maryland.
[01:12:03.000 --> 01:12:05.000]  Hello, Mr. Jeff.
[01:12:05.000 --> 01:12:07.000]  How are you doing there, Mr. Randy?
[01:12:07.000 --> 01:12:11.000]  I am doing good.
[01:12:11.000 --> 01:12:16.000]  Do you hear any of the first shake and rumble?
[01:12:16.000 --> 01:12:25.000]  Because today the FCC released its findings on the Telephone Consumer Protection Act.
[01:12:25.000 --> 01:12:29.000]  The Telephone Consumer Protection Act?
[01:12:29.000 --> 01:12:35.000]  Yes, like the FDCPA or the FCRA only for telephones.
[01:12:35.000 --> 01:12:40.000]  I don't know if you've noticed it, but for the last two, two-and-a-half weeks,
[01:12:40.000 --> 01:12:48.000]  there have been no political canvassing calls.
[01:12:48.000 --> 01:12:54.000]  I haven't noticed, but if I had gotten any, I would have noticed.
[01:12:54.000 --> 01:12:55.000]  Okay.
[01:12:55.000 --> 01:13:00.000]  They brought those to a complete and abrupt halt.
[01:13:00.000 --> 01:13:01.000]  Interesting.
[01:13:01.000 --> 01:13:09.000]  Because under the ruling, they use an auto-dialer, and you're on the Do Not Call List,
[01:13:09.000 --> 01:13:15.000]  or if you have a cell phone, and you didn't give them express written consent to call you,
[01:13:15.000 --> 01:13:17.000]  that's a violation.
[01:13:17.000 --> 01:13:29.000]  Well, I have been getting lots of unsolicited and unpermissioned auto-dialer calls.
[01:13:29.000 --> 01:13:31.000]  You mentioned last night.
[01:13:31.000 --> 01:13:33.000]  Cell phone?
[01:13:33.000 --> 01:13:36.000]  On my cell phone, yes.
[01:13:36.000 --> 01:13:41.000]  There's a track to track these calls.
[01:13:41.000 --> 01:13:44.000]  There's a track call app.
[01:13:44.000 --> 01:13:46.000]  And I forgot to look it up today.
[01:13:46.000 --> 01:13:53.000]  And that stuck with me yesterday because I have been getting so many of these on my cell phone lately.
[01:13:53.000 --> 01:13:54.000]  It's becoming very disruptive.
[01:13:54.000 --> 01:13:57.000]  Right.
[01:13:57.000 --> 01:14:09.000]  But if you're a cell provider and has a system that is compatible with it, that's very valuable.
[01:14:09.000 --> 01:14:14.000]  One of the things they're doing right now is going all around the country.
[01:14:14.000 --> 01:14:17.000]  There's this scam call.
[01:14:17.000 --> 01:14:26.000]  This is Windows calling about problems that we've detected on your computer and calling from offshore.
[01:14:26.000 --> 01:14:30.000]  I've got a number of those.
[01:14:30.000 --> 01:14:34.000]  And they're spoofing the caller ID.
[01:14:34.000 --> 01:14:39.000]  And as soon as I hear that, I hang up on it.
[01:14:39.000 --> 01:14:44.000]  I get lots of emails of that nature.
[01:14:44.000 --> 01:14:53.000]  Someone got past me somehow and got in and crashed all of my server systems.
[01:14:53.000 --> 01:14:59.000]  I had to go in and completely delete my entire server.
[01:14:59.000 --> 01:15:06.000]  Is this a server that you have in your house or is this an actual provider?
[01:15:06.000 --> 01:15:09.000]  This is a provider's server.
[01:15:09.000 --> 01:15:13.000]  Jurisprudence.
[01:15:13.000 --> 01:15:18.000]  The provider needs to go up the channel.
[01:15:18.000 --> 01:15:24.000]  The provider still has a problem because jurisprudence is still misdirected.
[01:15:24.000 --> 01:15:26.000]  Someone has redirected it.
[01:15:26.000 --> 01:15:29.000]  And it's not from me.
[01:15:29.000 --> 01:15:30.000]  It's from the server.
[01:15:30.000 --> 01:15:33.000]  This is a problem the server has.
[01:15:33.000 --> 01:15:43.000]  It's not in my account because I've deleted my account and then reloaded it up from my system.
[01:15:43.000 --> 01:15:50.000]  Have you gone in and checked your settings in your registration?
[01:15:50.000 --> 01:15:53.000]  Registration.
[01:15:53.000 --> 01:15:56.000]  Yeah, who you brought your domain from?
[01:15:56.000 --> 01:15:57.000]  Oh, yeah.
[01:15:57.000 --> 01:15:58.000]  We've been in through that.
[01:15:58.000 --> 01:16:00.000]  What server did you go to?
[01:16:00.000 --> 01:16:01.000]  I've had them go through it.
[01:16:01.000 --> 01:16:06.000]  They can't find where this redirect is.
[01:16:06.000 --> 01:16:11.000]  It was a redirect to perfectpills.xyz.
[01:16:11.000 --> 01:16:14.000]  And what is that?
[01:16:14.000 --> 01:16:17.000]  XYZ is a brand new domain.
[01:16:17.000 --> 01:16:20.000]  It was a scam.
[01:16:20.000 --> 01:16:23.000]  It was a virus that directed people to that.
[01:16:23.000 --> 01:16:28.000]  It was a company in Canada selling fake dope.
[01:16:28.000 --> 01:16:33.000]  The site is shut down now, but my system is still trying to direct.
[01:16:33.000 --> 01:16:37.000]  My primary server is Jurisprudence and it's still trying to protect it.
[01:16:37.000 --> 01:16:44.000]  And the reason I brought all this up is everybody out there, be careful what you click on.
[01:16:44.000 --> 01:16:46.000]  And I'll talk about that when we come back.
[01:16:46.000 --> 01:16:48.000]  This is Randy Kelton, Louvre Radio.
[01:16:48.000 --> 01:16:52.000]  I'll call it number 512-646-1984.
[01:16:52.000 --> 01:17:00.000]  We'll be right back.
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[01:19:24.000 --> 01:19:46.000]  Okay, we are back.
[01:19:46.000 --> 01:19:54.000]  We're in Kelton and we've already been talking to Jeff in Mississippi and Mississippi in Maryland.
[01:19:54.000 --> 01:19:58.000]  And yeah, I've gotten so careful.
[01:19:58.000 --> 01:20:10.000]  If anybody out there sends me an email and it has a link in it, and I don't know what that link is,
[01:20:10.000 --> 01:20:18.000]  and a lot of times I get emails from people that I don't know, I don't care what the link says.
[01:20:18.000 --> 01:20:21.000]  I do not click on it.
[01:20:21.000 --> 01:20:27.000]  If I don't know for certain what that link is, I'm not clicking on anything.
[01:20:27.000 --> 01:20:40.000]  If I get anything that is supposedly from Microsoft or any major company, what do you call it, Adobe,
[01:20:40.000 --> 01:20:47.000]  I used to get a bunch of stuff from Adobe saying that I had updates available.
[01:20:47.000 --> 01:20:50.000]  I'm just not clicking on them.
[01:20:50.000 --> 01:20:56.000]  If I think Adobe has an update available, I'll go to their website and check it from their website.
[01:20:56.000 --> 01:20:59.000]  I will not click on a link.
[01:20:59.000 --> 01:21:02.000]  These viruses are getting more sophisticated.
[01:21:02.000 --> 01:21:11.000]  I changed the machines and I think the machine that I changed to was infected when I went into my server
[01:21:11.000 --> 01:21:15.000]  and it got infected from my server, but we can't get it out of there.
[01:21:15.000 --> 01:21:26.000]  I don't know how I'm going to fix jurisprudence other than loading it on another server account.
[01:21:26.000 --> 01:21:33.000]  So, Jeff, have you had much problems with viruses?
[01:21:33.000 --> 01:21:39.000]  No, I haven't, but then again, I got a number of different safeguards in place,
[01:21:39.000 --> 01:21:44.000]  and like you, I'm pretty careful on what it is I click on.
[01:21:44.000 --> 01:21:49.000]  I try to be careful, but it's beat me up anyway.
[01:21:49.000 --> 01:21:55.000]  There was one other thing that the FCC did, if I can regress for a moment,
[01:21:55.000 --> 01:22:05.000]  is it modified the definition of what's called an ATDS or automatic telephone dialing system.
[01:22:05.000 --> 01:22:18.000]  It now includes any machine, as it were, that holds a list as opposed to stores a list.
[01:22:18.000 --> 01:22:29.000]  One of the things that we had encountered with debt collectors is they were asserting that their machine doesn't store a list.
[01:22:29.000 --> 01:22:36.000]  As soon as they turn the machine off, the list disappears, it's volatile, it's only being held in memory.
[01:22:36.000 --> 01:22:40.000]  It's not being stored.
[01:22:40.000 --> 01:22:42.000]  Okay.
[01:22:42.000 --> 01:22:46.000]  There had to be something behind that.
[01:22:46.000 --> 01:22:51.000]  What was the issue that they were addressing here?
[01:22:51.000 --> 01:22:56.000]  Well, the debt collectors were trying to skirt the issue of,
[01:22:56.000 --> 01:23:03.000]  well, it's not an automatic telephone dialing system because it does not store a list.
[01:23:03.000 --> 01:23:10.000]  All the lists that we put in are being held in memory.
[01:23:10.000 --> 01:23:15.000]  So it's volatile and it's not being stored.
[01:23:15.000 --> 01:23:18.000]  And the FCC puts a kibosh on that.
[01:23:18.000 --> 01:23:24.000]  Good, because that's a dubious distinction.
[01:23:24.000 --> 01:23:26.000]  Pardon?
[01:23:26.000 --> 01:23:35.000]  That's a dubious distinction because even if it's in RAM, it's being stored in RAM.
[01:23:35.000 --> 01:23:41.000]  Okay, it's temporarily stored in RAM, but it's still being stored in RAM.
[01:23:41.000 --> 01:23:42.000]  All right.
[01:23:42.000 --> 01:23:47.000]  How many judges are going to be able to make that kind of distinction?
[01:23:47.000 --> 01:23:59.000]  This is what I struggle with when I read legal documents. I was reading one today and there are so many places where a term is used.
[01:23:59.000 --> 01:24:12.000]  And because of the nature of the English language, you can't always be sure of which of the many definitions is intended by the term.
[01:24:12.000 --> 01:24:21.000]  Look up the word if. It's got about 50.
[01:24:21.000 --> 01:24:25.000]  So I struggle with implications in terms.
[01:24:25.000 --> 01:24:31.000]  And the biggest thing is they imply facts that are not in evidence.
[01:24:31.000 --> 01:24:39.000]  It's really hard to tell when sometimes when they're implying facts that aren't in evidence.
[01:24:39.000 --> 01:24:45.000]  Because we do that in normal conversation all the time and it's accepted.
[01:24:45.000 --> 01:24:51.000]  So I struggle with that when I'm reading documentation.
[01:24:51.000 --> 01:25:02.000]  Have we had any new cases in the foreclosure area?
[01:25:02.000 --> 01:25:15.000]  Not that I can think of. There's a couple that are in progress now, but it might be another, I don't know, six, eight months before we have any kind of a ruling on them.
[01:25:15.000 --> 01:25:31.000]  But at the same time, there was a case on the TCPA that came out earlier this week where a lady had won $200,000 plus in a TCPA action against Time Warner Cable.
[01:25:31.000 --> 01:25:44.000]  Where she had been called something like 176 times and 70 of those calls occurred after she had filed the suit.
[01:25:44.000 --> 01:25:46.000]  Oh, wow.
[01:25:46.000 --> 01:26:04.000]  And she had spent seven minutes on the phone speaking to the call center supervisor telling them, yeah, you're calling the right number, you're reaching the number you dialed, but the party you're seeking is not at this number.
[01:26:04.000 --> 01:26:28.000]  So when she filed the action, she filed for something like $86,000 in statutory damages. But the court felt that their calling was so egregious, especially since they continued to call after the suit had been filed and served, that he awarded her trouble damages.
[01:26:28.000 --> 01:26:32.000]  Oh, wonderful.
[01:26:32.000 --> 01:26:41.000]  This is good news. The more we can get like this, the more likely people are to start raising objections.
[01:26:41.000 --> 01:26:51.000]  We have a property we're looking at right now that has a $5,000 credit card lien against the property.
[01:26:51.000 --> 01:26:52.000]  Okay.
[01:26:52.000 --> 01:26:56.000]  That's interesting. I want to see how they got that.
[01:26:56.000 --> 01:27:00.000]  How are they going to foreclose on that lien?
[01:27:00.000 --> 01:27:05.000]  That's a good question. Well, there's more to this property.
[01:27:05.000 --> 01:27:18.000]  It also has a 14.6 IRS lien on it and an $80,000 home equity loan against it.
[01:27:18.000 --> 01:27:22.000]  They stopped paying on it five years ago.
[01:27:22.000 --> 01:27:26.000]  But nobody's tried to foreclose.
[01:27:26.000 --> 01:27:32.000]  So I went and looked at the record and found out why nobody's tried to foreclose.
[01:27:32.000 --> 01:27:40.000]  The home equity loan was issued by Washington Mutual.
[01:27:40.000 --> 01:27:46.000]  And there are no assignments in the record.
[01:27:46.000 --> 01:27:58.000]  Washington Mutual is a dead guy and I expected to find a JP Morgan Chase in there, but I didn't.
[01:27:58.000 --> 01:28:02.000]  There are no assignments of any kind.
[01:28:02.000 --> 01:28:11.000]  So my position is that Washington Mutual was a person under law.
[01:28:11.000 --> 01:28:16.000]  And in 2008, the CIA killed that person.
[01:28:16.000 --> 01:28:20.000]  The CIA shut them down for laundering money for the drug cartel.
[01:28:20.000 --> 01:28:25.000]  So they went out of business. The person died.
[01:28:25.000 --> 01:28:32.000]  And being a legal fiction, the legal fiction has no errors.
[01:28:32.000 --> 01:28:39.000]  So there's no probate. No one inherited the claim against the property.
[01:28:39.000 --> 01:28:50.000]  And since Washington Mutual did not assign that claim, before it ceased to exist, Washington Mutual abandoned the claim.
[01:28:50.000 --> 01:29:00.000]  So now we'll file a, first we get a quick claim and a warranty deed in the record.
[01:29:00.000 --> 01:29:05.000]  And that puts a block against anybody subsequently filing.
[01:29:05.000 --> 01:29:13.000]  And then we go back and file a quiet title action against the deed of trust that's in there that's Washington Mutual.
[01:29:13.000 --> 01:29:19.000]  Well, the only entity we have to give notes to is Washington Mutual.
[01:29:19.000 --> 01:29:24.000]  And there's a good chance they won't respond.
[01:29:24.000 --> 01:29:26.000]  Do you think?
[01:29:26.000 --> 01:29:34.000]  If anybody else attempts to respond, then we'll raise the issue of no filing in the record.
[01:29:34.000 --> 01:29:37.000]  They're going to claim that they're the holder of the note.
[01:29:37.000 --> 01:29:44.000]  We're going to say, the holder of the obligation, that we're going to say, we don't care if you are.
[01:29:44.000 --> 01:29:53.000]  13.001 says any claim against real property not properly acknowledged or proven and filed in the record is toilet paper.
[01:29:53.000 --> 01:30:03.000]  Hang on, Randy Kelton, Rule Law Radio, we'll be right back.
[01:30:03.000 --> 01:30:11.000]  Women have far scarier nightmares than men, dreams so intense we can describe them in terrifying detail when we jolt awake.
[01:30:11.000 --> 01:30:16.000]  I'm Dr. Catherine Albrecht, and I'll tell you how sleep experts explain this in a moment.
[01:30:16.000 --> 01:30:18.000]  Privacy is under attack.
[01:30:18.000 --> 01:30:21.000]  When you give up data about yourself, you'll never get it back again.
[01:30:21.000 --> 01:30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.000 --> 01:30:31.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:31.000 --> 01:30:34.000]  Privacy, it's worth hanging on to.
[01:30:34.000 --> 01:30:41.000]  This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:30:41.000 --> 01:30:45.000]  Start over with Startpage.
[01:30:45.000 --> 01:30:47.000]  A giant monster is gaining on you.
[01:30:47.000 --> 01:30:48.000]  Its jaws are opening.
[01:30:48.000 --> 01:30:51.000]  You see its fangs, then bam, you're awake.
[01:30:51.000 --> 01:30:56.000]  Phew, not to worry, you just had one of those Friday the 13th nightmares again.
[01:30:56.000 --> 01:30:58.000]  Nightmares, everybody gets them.
[01:30:58.000 --> 01:31:03.000]  But one study in England finds that women have twice as many terrifying dreams as men.
[01:31:03.000 --> 01:31:04.000]  Why the disparity?
[01:31:04.000 --> 01:31:09.000]  Scientists say it's because women have trouble switching off emotions when they go to bed.
[01:31:09.000 --> 01:31:13.000]  For them, dreaming is a subconscious way to prepare for bad stuff ahead.
[01:31:13.000 --> 01:31:17.000]  So guys, the next time your wife wakes up in a cold sweat, cut her some slack.
[01:31:17.000 --> 01:31:20.000]  A little extra TLC might be in order.
[01:31:20.000 --> 01:31:22.000]  I'm Dr. Catherine Albrecht.
[01:31:22.000 --> 01:31:31.000]  More news and information at CatherineAlbrecht.com.
[01:31:31.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.000 --> 01:31:38.000]  The government says that fire brought it down.
[01:31:38.000 --> 01:31:43.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:46.000]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.000 --> 01:31:49.000]  And thousands of my fellow first responders are dying.
[01:31:49.000 --> 01:31:50.000]  I'm not a conspiracy theorist.
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[01:32:59.000 --> 01:33:02.000]  May not actually be kidding about chemtrails.
[01:33:02.000 --> 01:33:12.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:12.000 --> 01:33:26.000]  I see it too. I see it too. Yeah, we're done. We have to do something else with you.
[01:33:26.000 --> 01:33:32.000]  I've been through some ingenuity. I've been used against some workers I've been hit with.
[01:33:32.000 --> 01:33:42.000]  I've been used against some workers I've been hit with.
[01:33:42.000 --> 01:33:49.000]  I've been used against some workers I've been hit with.
[01:33:49.000 --> 01:34:02.000]  And I say, truth in nature must be justice, I believe. Truth in nature must be justice.
[01:34:02.000 --> 01:34:06.000]  And though it's a daunting task, at least I've got the decency.
[01:34:06.000 --> 01:34:08.000]  Okay, we are back.
[01:34:08.000 --> 01:34:13.000]  Randy Kelton with our radio and we're talking to Jeff in Maryland.
[01:34:13.000 --> 01:34:27.000]  And Jeff, I do have this case where I have a lien against residential property.
[01:34:27.000 --> 01:34:29.000]  What sort of lien?
[01:34:29.000 --> 01:34:46.000]  This is something I've never really studied in detail is the credit card part of how to eliminate credit card debt.
[01:34:46.000 --> 01:34:55.000]  Could you kind of give me an overview, not real specific, but how I should think about,
[01:34:55.000 --> 01:35:03.000]  let's say if I've got a credit card and I'm unable to keep up with the payments and they're coming after me,
[01:35:03.000 --> 01:35:14.000]  what are the general things I need to know and watch for and kind of the steps so I can set up to get this thing adjudicated away
[01:35:14.000 --> 01:35:22.000]  or get them to pay me money to go away?
[01:35:22.000 --> 01:35:28.000]  That is not actually a very easy topic to handle in just a few short minutes.
[01:35:28.000 --> 01:35:37.000]  But the first time that you're contacted by a debt collection law firm or a debt collector on that credit card,
[01:35:37.000 --> 01:35:47.000]  that Dunning letter or collection letter should have a statement in it that this is an attempt to collect the debt
[01:35:47.000 --> 01:35:57.000]  and any information gathered as a result of this letter can be used in the further collection of that debt.
[01:35:57.000 --> 01:36:00.000]  You have 30 days in which to dispute this debt.
[01:36:00.000 --> 01:36:03.000]  Otherwise, we'll assume that it's valid.
[01:36:03.000 --> 01:36:12.000]  Well, I can tell you for a fact, the next day you need to have a dispute and demand for validation in the mail,
[01:36:12.000 --> 01:36:16.000]  certified mail return receipt.
[01:36:16.000 --> 01:36:25.000]  Because one of the things that goes on here is that only the original credit can verify
[01:36:25.000 --> 01:36:30.000]  and only a debt collector can validate, but they can't do the other.
[01:36:30.000 --> 01:36:37.000]  That is to say that an original creditor can't validate and a debt collector can't verify
[01:36:37.000 --> 01:36:47.000]  because of the nature of verifying it goes to an account and validating goes to a debt.
[01:36:47.000 --> 01:36:51.000]  Wait, I lost that. Validating goes to a what?
[01:36:51.000 --> 01:36:52.000]  Debt.
[01:36:52.000 --> 01:36:54.000]  Oh, okay.
[01:36:54.000 --> 01:36:58.000]  And verifying goes to an account and a debt collector can't verify an account.
[01:36:58.000 --> 01:37:03.000]  He can only validate a debt if he can validate at all.
[01:37:03.000 --> 01:37:07.000]  And he already can't validate at all.
[01:37:07.000 --> 01:37:12.000]  We haven't yet seen circumstances where they could validate.
[01:37:12.000 --> 01:37:16.000]  Okay, define validation to validate.
[01:37:16.000 --> 01:37:18.000]  Pardon?
[01:37:18.000 --> 01:37:23.000]  When you say validate, what does validate mean?
[01:37:23.000 --> 01:37:31.000]  Well, what I would like to suggest is that people go take a look at the case.
[01:37:31.000 --> 01:37:39.000]  I think it's in the Sixth Circuit called HADAD, H-A-D-D-A-D, versus Alexander.
[01:37:39.000 --> 01:37:48.000]  And within the contents of that order, it tells you what it is that they need to do to validate.
[01:37:48.000 --> 01:37:54.000]  And one of the things that they need to do is they need to be able to go start from day one
[01:37:54.000 --> 01:37:57.000]  and show every transaction.
[01:37:57.000 --> 01:37:59.000]  Okay.
[01:37:59.000 --> 01:38:04.000]  They never do that. They never provide that.
[01:38:04.000 --> 01:38:06.000]  And guess why?
[01:38:06.000 --> 01:38:12.000]  They don't have access to the original account.
[01:38:12.000 --> 01:38:14.000]  Well, who does?
[01:38:14.000 --> 01:38:18.000]  The original debtor, but they sold it.
[01:38:18.000 --> 01:38:21.000]  And who else? Who else?
[01:38:21.000 --> 01:38:24.000]  You. Oh, I don't know.
[01:38:24.000 --> 01:38:33.000]  The debtor, if they have that, but who else? Who else has the original data?
[01:38:33.000 --> 01:38:38.000]  The places where the card was used?
[01:38:38.000 --> 01:38:42.000]  Yes.
[01:38:42.000 --> 01:38:51.000]  And how many hands did that go to before it got to the bank that issued the card?
[01:38:51.000 --> 01:38:54.000]  That is a good question.
[01:38:54.000 --> 01:38:56.000]  Three or four hands.
[01:38:56.000 --> 01:39:02.000]  I just found out today that I've known somebody and didn't know that I knew him in the capacity of
[01:39:02.000 --> 01:39:09.000]  team managers and networks for the credit cards for various large businesses.
[01:39:09.000 --> 01:39:14.000]  Okay. So I go to JCPenney. I use my card.
[01:39:14.000 --> 01:39:22.000]  Then there's a company JCPenney contracts to that services their card machine.
[01:39:22.000 --> 01:39:27.000]  I used to have those people call me all the time when I have my own business.
[01:39:27.000 --> 01:39:30.000]  So that's one hand.
[01:39:30.000 --> 01:39:37.000]  And then your bank and the card bank.
[01:39:37.000 --> 01:39:48.000]  And it can be three or four people that that information or hands that that information passed through to get to the company that issued the card to you.
[01:39:48.000 --> 01:39:55.000]  So who can testify with firsthand noise to that transaction?
[01:39:55.000 --> 01:40:05.000]  Nobody. Was it the teller at the gender who actually took the card initially?
[01:40:05.000 --> 01:40:11.000]  So the credit card company has new firsthand information.
[01:40:11.000 --> 01:40:15.000]  It's all hearsay.
[01:40:15.000 --> 01:40:19.000]  So they don't know if you actually made these charges or not.
[01:40:19.000 --> 01:40:23.000]  They just know these charges appeared on your account.
[01:40:23.000 --> 01:40:26.000]  That's right.
[01:40:26.000 --> 01:40:36.000]  So nobody could say how they appeared. They can guess or speculate.
[01:40:36.000 --> 01:40:45.000]  That is, it has is that something that the courts have upheld because it would seem like it was the courts.
[01:40:45.000 --> 01:40:51.000]  The courts are not sufficiently sophisticated to know and understand this.
[01:40:51.000 --> 01:40:54.000]  But they're getting there slowly.
[01:40:54.000 --> 01:41:07.000]  And one of the ways that they're getting there slowly is the affidavit from a supposed original creditor called JP Morgan Chase or Citicorp or Wells Fargo or whatever,
[01:41:07.000 --> 01:41:18.000]  are starting to be challenged for want of affirmatively identifying the affiant.
[01:41:18.000 --> 01:41:22.000]  What is their authority to speak? What is their knowledge? How much knowledge do they have?
[01:41:22.000 --> 01:41:24.000]  And where did they get it from?
[01:41:24.000 --> 01:41:30.000]  Kind of like when you go to traffic court and they call the police officer up on the stand,
[01:41:30.000 --> 01:41:34.000]  they have to establish foundation for his testimony.
[01:41:34.000 --> 01:41:45.000]  So they ask him all of these questions that are necessary to establish that he is a credible witness in this regard.
[01:41:45.000 --> 01:41:46.000]  Yes, right.
[01:41:46.000 --> 01:41:54.000]  So it's kind of like all those questions that seem kind of pedantic that they ask a police officer.
[01:41:54.000 --> 01:42:01.000]  This is what you're saying. They need to do this with whoever the affiant is on the affidavit.
[01:42:01.000 --> 01:42:05.000]  I've never seen it. I have never seen it.
[01:42:05.000 --> 01:42:10.000]  And I've been through hundreds, if not thousands of cases, and I've never seen it.
[01:42:10.000 --> 01:42:17.000]  And they know this. It's just that it's a function of custom.
[01:42:17.000 --> 01:42:23.000]  They've never been required to do it. They don't do it. And this is the way we've always done it.
[01:42:23.000 --> 01:42:27.000]  And this is the way I kind of explain it. The credit cards do it.
[01:42:27.000 --> 01:42:34.000]  The debt collectors do everything wrong, and they know they're doing it wrong, but to make a lot of money doing it wrong.
[01:42:34.000 --> 01:42:42.000]  And every once in a while, somebody comes along and stings them. That's just the cost of doing business.
[01:42:42.000 --> 01:42:47.000]  That's why when somebody says, well, how can they just keep doing it wrong this way?
[01:42:47.000 --> 01:42:52.000]  That's how they can keep doing it wrong. They make a lot of money doing it wrong.
[01:42:52.000 --> 01:43:09.000]  And with these much bigger cases, that may give them a little more read in their calculations, and maybe it won't just be the cost to do in business anymore.
[01:43:09.000 --> 01:43:16.000]  Now, when these so-called original creditors or credit card companies sell off this debt,
[01:43:16.000 --> 01:43:21.000]  I mean sell it off as opposed to putting it out for a contingency collection,
[01:43:21.000 --> 01:43:33.000]  the account per se ceased to exist and is now only debt. And it's not even debt. It's only evidence of debt.
[01:43:33.000 --> 01:43:41.000]  That I want to talk more about on the other side. That's the kind of stuff I like to bring into court.
[01:43:41.000 --> 01:44:00.000]  Randy Kelton, Blue Law Radio. Well, I'm not even going to give out the call. I remember we've got one more segment. So we'll be right back on the other side.
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[01:46:22.000 --> 01:46:30.000]  Okay, we are back. Randy Kelton with Rule of Law Radio.
[01:46:30.000 --> 01:46:35.000]  And this is our last segment with Jeff from Maryland.
[01:46:35.000 --> 01:46:53.000]  Early during the show, Sheree, the lawyer, referenced our resident expert on credit that she was referring to Jeff.
[01:46:53.000 --> 01:46:58.000]  Okay, as we were going out, evidence of debt.
[01:46:58.000 --> 01:47:03.000]  I'm going to correct you on that, Randy. I'm not an expert. I may be knowledgeable, but I'm not an expert.
[01:47:03.000 --> 01:47:06.000]  Okay.
[01:47:06.000 --> 01:47:09.000]  Okay, I'm still very much a student.
[01:47:09.000 --> 01:47:17.000]  Well, anyone who, every expert who is worth his salt will say exactly that thing.
[01:47:17.000 --> 01:47:21.000]  The more I learn, the more I find out how much I don't know.
[01:47:21.000 --> 01:47:25.000]  Yeah, that's right. The more you clean, the more dirt you find.
[01:47:25.000 --> 01:47:31.000]  Exactly. But also the more interesting it gets, because the more sophisticated you get.
[01:47:31.000 --> 01:47:36.000]  And when we went out, you were getting pretty sophisticated.
[01:47:36.000 --> 01:47:39.000]  Will you go back through that?
[01:47:39.000 --> 01:47:42.000]  I can't hear you.
[01:47:42.000 --> 01:47:50.000]  Okay, when we went out, you were getting pretty sophisticated about debt and evidence of debt.
[01:47:50.000 --> 01:47:54.000]  Right. Well, let me give you an example.
[01:47:54.000 --> 01:48:05.000]  We're going to require the indulgence of the listing audience, and I'm going to pretend I'm an attorney for a debt collector.
[01:48:05.000 --> 01:48:11.000]  And I'm going to come into court with an 8x10 glossy of a Ferrari.
[01:48:11.000 --> 01:48:16.000]  And I'm going to hold this 8x10 up in front of the court and in front of you as a debtor.
[01:48:16.000 --> 01:48:22.000]  And I'm going to say, my client owns this Ferrari.
[01:48:22.000 --> 01:48:30.000]  And you and the court both are going to think, well, what he's really saying there is that he owns the Ferrari that's in the picture.
[01:48:30.000 --> 01:48:32.000]  Right?
[01:48:32.000 --> 01:48:34.000]  Yes.
[01:48:34.000 --> 01:48:39.000]  But that's not what I said, is it?
[01:48:39.000 --> 01:49:00.000]  Owns this Ferrari. So, in effect, he's naming this piece of paper Ferrari and says that his client owns this piece of paper.
[01:49:00.000 --> 01:49:08.000]  Right. That's not a Ferrari, but it is evidence of a Ferrari, isn't it?
[01:49:08.000 --> 01:49:14.000]  So, okay. Okay. So, it's evidence that a Ferrari actually exists.
[01:49:14.000 --> 01:49:16.000]  Uh-huh.
[01:49:16.000 --> 01:49:22.000]  Assuming that picture's not Photoshopped, but it is not the Ferrari.
[01:49:22.000 --> 01:49:30.000]  It's not the Ferrari. It's evidence of Ferrari. And that's exactly what they do when these debt collectors,
[01:49:30.000 --> 01:49:36.000]  when the credit card companies sell off the accounts that they have.
[01:49:36.000 --> 01:49:51.000]  They are so greatly discounted that there is no way that anyone could step into the shoes of owning that debt as a creditor.
[01:49:51.000 --> 01:50:00.000]  Okay. What prevents them?
[01:50:00.000 --> 01:50:01.000]  I miss what you said.
[01:50:01.000 --> 01:50:08.000]  What prevents them? Okay. We're having little issues with sound here.
[01:50:08.000 --> 01:50:20.000]  Yeah. For one thing, it is so greatly discounted, like anywhere from three-tenths of a penny on the dollar
[01:50:20.000 --> 01:50:28.000]  to up to as much as seven and a half cents per dollar is what they pay for it.
[01:50:28.000 --> 01:50:40.000]  Seven and a half cents being something that is fresh and the credit report indicates readily collectible.
[01:50:40.000 --> 01:50:57.000]  That is not a discount at which a creditor would purchase or that a creditor would sell.
[01:50:57.000 --> 01:51:01.000]  Wait a minute. I'm not sure I understand.
[01:51:01.000 --> 01:51:06.000]  The fact that they purchase the evidence of debt depends on the dollar.
[01:51:06.000 --> 01:51:10.000]  Let's take a $100,000 promissory note.
[01:51:10.000 --> 01:51:21.000]  I wanted to buy that note as a creditor, and I would buy it for a 30% yield.
[01:51:21.000 --> 01:51:28.000]  If I bought it for a 30% yield, I would pay about $45,000, $47,000 for it.
[01:51:28.000 --> 01:51:35.000]  Okay. That's not the same as paying $5,000 or $6,000 for it, is it?
[01:51:35.000 --> 01:51:45.000]  No, it's not. But how does that affect your standing to collect on the full amount?
[01:51:45.000 --> 01:51:56.000]  Because it's unjust enrichment, and they can't sell the account.
[01:51:56.000 --> 01:52:05.000]  They can only sell the evidence of the account or the evidence of the debt.
[01:52:05.000 --> 01:52:14.000]  They can sell it back and forth between banks, but they can't sell it to a debt collector or a debt buyer as an account.
[01:52:14.000 --> 01:52:16.000]  They can only sell it as a debt.
[01:52:16.000 --> 01:52:22.000]  And therefore, it becomes evidence of a debt, not a debt.
[01:52:22.000 --> 01:52:26.000]  Okay. And we have adjudication on that?
[01:52:26.000 --> 01:52:34.000]  Yeah. Actually, what you have more of than adjudication is you have banking regulations on it.
[01:52:34.000 --> 01:52:35.000]  Oh.
[01:52:35.000 --> 01:52:37.000]  Yeah.
[01:52:37.000 --> 01:52:51.000]  So when they can't come and claim that this is a debt, then they're in violation of, is it banking, FCC?
[01:52:51.000 --> 01:52:56.000]  A lot of it goes under OCC.
[01:52:56.000 --> 01:53:03.000]  The banks, by and large, are prohibited from foreclosing on consumer debt.
[01:53:03.000 --> 01:53:08.000]  Is that that 1865?
[01:53:08.000 --> 01:53:18.000]  No, it's under 5, 5 USD, and I couldn't tell you where under 5 USD it is.
[01:53:18.000 --> 01:53:21.000]  Somehow that seems unintuitive.
[01:53:21.000 --> 01:53:31.000]  You actually opened up, you know, this is, as I said, this is so difficult to try and, conversation to try and have in such a short period of time
[01:53:31.000 --> 01:53:38.000]  because there's so many details involved in it that, you know, your listening audience is going to go ho-hum and fall asleep.
[01:53:38.000 --> 01:53:48.000]  Yeah. That's part of the problem when we know too much about a subject is we're afraid of what not to tell.
[01:53:48.000 --> 01:53:50.000]  Yeah.
[01:53:50.000 --> 01:53:55.000]  It's hard for us to crunch this down into small pieces.
[01:53:55.000 --> 01:53:56.000]  Right.
[01:53:56.000 --> 01:54:04.000]  There are a few things that are pretty consistent that people can do and one of them is to send the debt validation letter
[01:54:04.000 --> 01:54:15.000]  and once that's, and the letter should contain phraseology that directs the debt collector not to call you
[01:54:15.000 --> 01:54:23.000]  so that, and then when they do subsequently call you, then you keep a ledger, keep a list of every time they call you.
[01:54:23.000 --> 01:54:25.000]  Right.
[01:54:25.000 --> 01:54:38.000]  What else could a non-knowledgeable person do to collect information that would be of value, say, if he goes to a lawyer to help get rid of this debt?
[01:54:38.000 --> 01:54:46.000]  What kind of information can an individual collect that the lawyer could use and how could he set up the debt collector?
[01:54:46.000 --> 01:54:59.000]  Oh, well, there is a publication out that you can find on the Internet. All you have to do is Google it and you can Google it.
[01:54:59.000 --> 01:55:28.000]  It's very simple to Google. Go to fdcpa.pdf and that will give you a PDF book of the functions that the debt collectors are limited to,
[01:55:28.000 --> 01:55:37.000]  what they can and cannot do, and if they violate any of those, they're dead meat.
[01:55:37.000 --> 01:55:49.000]  Don't have to prove intent because one of the regulations that is contained within the FDCPA is that they are required by law to maintain systems to prevent errors.
[01:55:49.000 --> 01:55:52.000]  So there is no such thing as a bona fide error.
[01:55:52.000 --> 01:55:58.000]  There's no good faith defense.
[01:55:58.000 --> 01:56:00.000]  No.
[01:56:00.000 --> 01:56:10.000]  And that makes sense. They're the professionals and they're keeping their records that they're holding us responsible for.
[01:56:10.000 --> 01:56:15.000]  They should necessarily be responsible for accurate records.
[01:56:15.000 --> 01:56:25.000]  And in every one of these documents, there is an agreement to follow our law.
[01:56:25.000 --> 01:56:26.000]  Right.
[01:56:26.000 --> 01:56:30.000]  I'm saying everyone, I know for certain every deed of trust has it.
[01:56:30.000 --> 01:56:40.000]  I just signed a financing statement, a financing agreement, day before yesterday and it had it in there that both parties agreed to abide by our law.
[01:56:40.000 --> 01:56:47.000]  So they can't come back later and say they only mistakenly violated law.
[01:56:47.000 --> 01:56:48.000]  Right.
[01:56:48.000 --> 01:56:49.000]  Nope.
[01:56:49.000 --> 01:57:05.000]  And in fact, in a syllabus that Sotomayor wrote while she is a justice in the Supreme Court, basically said, and I can't recite to you verbatim,
[01:57:05.000 --> 01:57:18.000]  that any debt collector in the attempt to collect a debt violates any provision of the FDCPA, they are liable to the person they violated, period.
[01:57:18.000 --> 01:57:21.000]  So by penalty then?
[01:57:21.000 --> 01:57:23.000]  Yes.
[01:57:23.000 --> 01:57:30.000]  And the penalty is up to $1,000 per defendant per case.
[01:57:30.000 --> 01:57:39.000]  That was a good distinction, per defendant, so one of the things you want to do is collect as many defendants as you can.
[01:57:39.000 --> 01:57:41.000]  Don't make them up.
[01:57:41.000 --> 01:57:43.000]  No, don't make them up, but collect them.
[01:57:43.000 --> 01:57:46.000]  Just don't miss any.
[01:57:46.000 --> 01:57:47.000]  That's right, just don't miss any.
[01:57:47.000 --> 01:57:49.000]  That's money on the table.
[01:57:49.000 --> 01:57:55.000]  You know, it's what I had suggested to Philip yesterday.
[01:57:55.000 --> 01:58:10.000]  Yes, and Philip called in today and he's getting kind of excited about taking these guys on, about him becoming the plaintiff and taking on the lawyers instead of the lawyers taking on him.
[01:58:10.000 --> 01:58:11.000]  All right.
[01:58:11.000 --> 01:58:12.000]  Okay.
[01:58:12.000 --> 01:58:14.000]  Thank you very much, Jeff.
[01:58:14.000 --> 01:58:16.000]  Always good to have you on with us.
[01:58:16.000 --> 01:58:17.000]  We are out of time.
[01:58:17.000 --> 01:58:31.000]  This is the end of our four hour in full marathon, but we will be back next week on Thursday at 8 p.m. Central, again Friday.
[01:58:31.000 --> 01:58:38.000]  You might have a look at Eddie Craig on Mondays on his traffic show.
[01:58:38.000 --> 01:58:50.000]  Thank you all for listening and good night.
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