ROL_2016-01-21_16k.timecode
[00:00.000 --> 00:08.000] The following newsflash is brought to you by the Lone Star Lowdown, providing the jelly
[00:08.000 --> 00:15.000] bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:15.000 --> 00:23.500] into the tides of the alternative.
[00:23.500 --> 00:29.000] Markets for Tuesday the 19th of January 2016 are currently treading with gold at $1,087.85
[00:29.000 --> 00:37.000] an ounce, silver at $14.02 an ounce, Texas crude at $29.42 a barrel, and Bitcoin is currently
[00:37.000 --> 00:46.000] sitting at about $375 U.S. currency.
[00:46.000 --> 00:52.000] Today in history, Wednesday, January 19, 1977, West Palm Beach reported snow for the first
[00:52.000 --> 01:02.000] time on record, with snow flurries reaching as far south as Homestead and even the Bahamas.
[01:02.000 --> 01:07.000] In recent news, the U.N. is set to set up processing centers in countries near to Central
[01:07.000 --> 01:11.000] America, where people will be allowed to apply for refugee status without having to pay smugglers
[01:11.000 --> 01:13.000] to take them to the U.S. border.
[01:13.000 --> 01:18.000] People granted refugee status may be resettled in the United States or other countries.
[01:18.000 --> 01:22.000] In a recent release, the U.N. said, quote, the international community is currently experiencing
[01:22.000 --> 01:28.000] a flood of migrants from countries in crisis with the number of forcibly displaced persons
[01:28.000 --> 01:32.000] in the world now higher than it has been at any time since World War II.
[01:32.000 --> 01:36.000] Also according to the United Nations, almost 60 million people worldwide have been forced
[01:36.000 --> 01:41.000] from their homes by conflict, persecution, general violence, or human rights violations.
[01:41.000 --> 01:52.000] The global population of displaced people is growing at a faster rate than the general population.
[01:52.000 --> 01:56.000] Researchers from Dworkham University have discovered what appears to be a massive canyon
[01:56.000 --> 01:58.000] system beneath Antarctica's ice.
[01:58.000 --> 02:02.000] Using satellite data, geologists have mapped out a system of canyons over a thousand kilometers
[02:02.000 --> 02:08.000] long, which is over twice the length of the Grand Canyon, with pits that reach up to a kilometer deep.
[02:08.000 --> 02:18.000] They were located in the Princess Elizabeth land region on the eastern side of the continent.
[02:18.000 --> 02:22.000] The Texas Department of Public Safety, or DPS, has confirmed that a highway patrol trooper,
[02:22.000 --> 02:27.000] Terry Lockridge, 33 years old, was arrested last week on charges of aggravated sexual assault
[02:27.000 --> 02:29.000] of an underage girl.
[02:29.000 --> 02:33.000] Mr. Lockridge has been with the DPS since September of 2009.
[02:33.000 --> 03:00.000] Officials say that the case is still under investigation.
[03:00.000 --> 03:28.000] Elizabeth Lockridge.
[03:28.000 --> 03:32.700] Bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:32.700 --> 03:38.400] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:38.400 --> 03:43.800] When you were eight and you had bad traits You'd go to school and learn the golden rules
[03:43.800 --> 03:49.200] So why are you acting like a bloody fool? Eat sugar, ah, ah, sing a monster tune!
[03:49.200 --> 03:54.600] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:54.600 --> 04:00.200] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:00.200 --> 04:03.000] You chuck it on that one, you chuck it on this one
[04:03.000 --> 04:05.800] You chuck it on your mother and you chuck it on your father
[04:05.800 --> 04:08.400] You chuck it on your brother and you chuck it on your sister
[04:08.400 --> 04:11.000] You chuck it on that one and you chuck it on me!
[04:11.000 --> 04:12.200] Bad boys, bad boys
[04:12.200 --> 04:16.800] Okay, howdy, howdy, this is Randy Kelton, Debra Stevens, Rule of Law Radio
[04:16.800 --> 04:24.800] on this Thursday, the 21st day of January 2016
[04:24.800 --> 04:30.400] and I'm gonna start out tonight talking about grant injuries
[04:30.400 --> 04:34.100] I had someone that was working on a criminal complaint
[04:34.100 --> 04:37.600] I probably should address that first
[04:37.600 --> 04:45.100] He wrote up a criminal complaint a couple weeks ago and sent it to me and had me go over it
[04:45.100 --> 04:51.900] and I was real diplomatic when I called him back and told him it was really a piece of crap
[04:51.900 --> 04:57.000] that it was absolutely atrocious, it was horrible, he did everything wrong
[04:57.000 --> 05:04.400] So I gave him some instruction and he went to work on it and sent me another piece of garbage
[05:04.400 --> 05:08.200] and I tore that one to pieces and I sent it back to him
[05:08.200 --> 05:12.800] and gave him some other documents to read
[05:12.800 --> 05:21.700] and unlike a lot of people that we give suggestions to, he actually followed them
[05:21.700 --> 05:28.800] and he just sent me back this criminal accusations against a traffic court judge
[05:28.800 --> 05:30.400] and I'm gonna read it to you
[05:30.400 --> 05:35.700] Now he starts out, right off the bat he makes one little error, or two errors
[05:35.700 --> 05:42.500] He starts out by quoting some code in case law
[05:42.500 --> 05:50.900] Now I have a little bit of objection to that because he's writing this for a grand jury to read
[05:50.900 --> 05:56.100] and before you tell the grand juror anything about what's going on
[05:56.100 --> 06:01.700] he starts throwing law at him and his eyes are gonna go blast over
[06:01.700 --> 06:02.800] I'll read this anyway
[06:02.800 --> 06:08.400] Under our system of government, upon the individuality and intelligence of the citizen
[06:08.400 --> 06:13.700] the state does not claim to control him or her acceptance, his or her conduct
[06:13.700 --> 06:20.800] to others, leaving him or her the sole judge as to all that affects himself
[06:20.800 --> 06:25.800] Muggler v. Kansas, 123 U.S. 623
[06:25.800 --> 06:31.200] All laws and practices which are repugnant to the Constitution are null and void
[06:31.200 --> 06:35.900] Marbury v. Madison, everybody should know that one
[06:35.900 --> 06:40.400] Okay, now he goes on the fifth day of May 2015, 7.30 a.m.
[06:40.400 --> 06:48.600] Defendant was brought before Judge Dwight to be arraigned for an alleged traffic offense
[06:48.600 --> 06:53.700] He goes through the facts of the hearing
[06:53.700 --> 06:59.000] He calls an arraignment, but it actually couldn't be an arraignment
[06:59.000 --> 07:01.200] We may talk to that later
[07:01.200 --> 07:06.200] Then he goes to some more code, Article 1.03, Texas Code of Criminal Procedure
[07:06.200 --> 07:09.100] Objective of this code
[07:09.100 --> 07:14.200] This code is intended to embrace rules applicable to the prevention and prosecution of offenses
[07:14.200 --> 07:21.000] against laws of this state and to make rules of procedure in respect to the prevention
[07:21.000 --> 07:26.300] and punishment of offenses intelligible to the officers who are to act upon them
[07:26.300 --> 07:31.700] and to all persons whose right are to be affected by them
[07:31.700 --> 07:36.200] It seeks to adopt measures for preventing the commission of crime
[07:36.200 --> 07:40.100] to exclude the offender from all hope of escape
[07:40.100 --> 07:46.900] to ensure a trial with as little delay as is consistent with the ends of justice
[07:46.900 --> 07:52.200] to bring to the investigation of each offense on the trial
[07:52.200 --> 07:56.700] of all the evidence tending to produce conviction or acquittal
[07:56.700 --> 08:03.500] And this was highlighted to ensure a fair and impartial trial
[08:03.500 --> 08:08.200] and a certain execution of the sentence of law when declared
[08:08.200 --> 08:11.000] Next one, Article 104
[08:11.000 --> 08:17.100] This is right at the front of the Texas Code of Criminal Procedure
[08:17.100 --> 08:20.500] Article 1.04, Due Course of Law
[08:20.500 --> 08:26.500] No citizen of this state shall be deprived of life, liberty, property, privilege, or immunities
[08:26.500 --> 08:31.400] or in any manner disenfranchised except by the due course of the laws of the land
[08:31.400 --> 08:38.100] Now, I've stated before, and we've had people come on the show
[08:38.100 --> 08:45.100] and complain that a judge chastised them for bringing the Constitution into the court
[08:45.100 --> 08:52.500] And while it sounds horrible, it's not exactly incorrect
[08:52.500 --> 08:56.600] I wouldn't bring the Constitution into the court because I don't need to
[08:56.600 --> 09:00.000] The Constitution doesn't grant you any rights
[09:00.000 --> 09:13.600] It merely directs public officials not to infringe on certain specific rights that you already have
[09:13.600 --> 09:19.700] And this particular statute is a reflection of a Constitutional provision
[09:19.700 --> 09:24.800] So you don't need the Constitution, you just go into the Criminal Procedure Code
[09:24.800 --> 09:31.400] and just about everything that's prohibited in the Constitution has been codified in the statute
[09:31.400 --> 09:40.600] Okay, then he goes on to the 29th day of May, defendant appeared in the town of Addison Court for initial hearing
[09:40.600 --> 09:44.800] I won't go through all of it
[09:44.800 --> 09:53.300] Defendant submitted some motions on the 18th day of June, defendant hand-delivered four defense motions
[09:53.300 --> 10:00.900] On the 25th day of July, in response to a letter from Judge Dwight, defendant submitted 988 pages of case law
[10:00.900 --> 10:06.900] He filed Eddie's pleadings, or motions of pleadings
[10:06.900 --> 10:12.500] And the judge demanded case law for all of them, this guy gave him 988 pages of case law
[10:12.500 --> 10:16.700] from 19 different Supreme Court cases
[10:16.700 --> 10:23.400] And then he quotes here, U.S. Constitution Article 4 clause 2, the Constitution and laws of the United States
[10:23.400 --> 10:30.800] which shall be made in persuance thereof and all treaties made or which shall be made under the authority of the United States
[10:30.800 --> 10:32.500] shall be the Supreme Law of the land
[10:32.500 --> 10:39.000] and the judges in every state shall be bound thereby and in any Constitution
[10:39.000 --> 10:46.100] and in the Constitution or laws of any state to the contrary notwithstanding
[10:46.100 --> 10:54.100] I'm sorry, anything in the Constitution or laws of any state to the contrary notwithstanding
[10:54.100 --> 11:04.200] Okay, on September the 1st, 2015, Judge Larry Dwight held motions hearing, defendant submitted the following motions
[11:04.200 --> 11:06.500] These are Eddie's motions
[11:06.500 --> 11:12.100] Judge Dwight opened the motions hearing, calling defendant and city attorney Larry McCollum to the bench
[11:12.100 --> 11:19.600] Judge Dwight asked if there were any statements to be made, prosecution stated he had no evidence to present to the court and was done
[11:19.600 --> 11:25.400] Judge Dwight attempted to gavel hearing closed, defendant interrupted, defendant prepared
[11:25.400 --> 11:30.500] and started reading a short page opening statement, a short one page opening statement
[11:30.500 --> 11:34.400] Defendant was stopped in the opening line and never allowed to continue
[11:34.400 --> 11:40.800] Judge Dwight immediately interjected loudly stating he was not going to hear this
[11:40.800 --> 11:44.100] Defendant stated Judge Dwight was prosecuting the case
[11:44.100 --> 11:46.900] Defendant stated it was the duty of the prosecutor to prove the case
[11:46.900 --> 11:51.400] Judge Dwight raised his voice loudly yelling at defendant
[11:51.400 --> 11:55.700] He stated you don't know the law and you can't speak the law
[11:55.700 --> 12:00.800] Judge Dwight told defendant to shut up in no uncertain terms
[12:00.800 --> 12:06.400] Defendant held up Texas criminal and motor vehicle code stating this is the law
[12:06.400 --> 12:11.700] Judge Dwight replied motion denied and gaveled the case closed
[12:11.700 --> 12:17.700] Okay, that's what this complaint is about
[12:17.700 --> 12:20.300] The judge wouldn't let him present his case
[12:20.300 --> 12:25.600] Where rights are secured by the Constitution are involved
[12:25.600 --> 12:29.500] There can be no rulemaking or legislation which would abrogate them
[12:29.500 --> 12:32.200] Miranda v. Arizona
[12:32.200 --> 12:37.600] Okay, article 1.05, we read 1.03, 1.04
[12:37.600 --> 12:42.600] Now we go to 1.05, rights of the accused and this is right out of the
[12:42.600 --> 12:45.900] Constitution and Texas Constitution
[12:45.900 --> 12:51.300] In all criminal prosecutions the accused shall have a right to a speedy public trial
[12:51.300 --> 12:55.700] But impartial jury shall have the right to demand the nature and cause of that
[12:55.700 --> 12:58.600] Accusation against him and to have a copy thereof
[12:58.600 --> 13:02.300] He shall not be compelled to give evidence against himself
[13:02.300 --> 13:08.800] He shall have the right of being heard by himself or counsel or both
[13:08.800 --> 13:13.300] Shall be confronted with the obtaining witness against him
[13:13.300 --> 13:18.600] Shall have compulsory process for obtaining witnesses in his favor
[13:18.600 --> 13:25.100] No person shall be held to answer for felony unless on indictment of a grand jury
[13:25.100 --> 13:34.200] Officers of the court have no immunity when violating a constitutional right from liability
[13:34.200 --> 13:36.200] For they are deemed to know the law
[13:36.200 --> 13:41.800] Murdoch v. Pennsylvania, 319 U.S. 105
[13:41.800 --> 13:45.800] And I charge therefore that honor before the making of this complaint
[13:45.800 --> 13:51.900] Honor before the blank day of blank, whatever that was up there
[13:51.900 --> 13:58.200] In the county of Dallas, state of Texas, Judge Larry Dwight did then and there
[13:58.200 --> 14:03.800] Unlawfully and willfully violate section 36.05 Texas Penal Code
[14:03.800 --> 14:07.200] Titled witness tampering against peace digging in the state of Texas
[14:07.200 --> 14:11.700] Now that is well done
[14:11.700 --> 14:15.100] This is what I'm talking about
[14:15.100 --> 14:18.000] This is how you prepare a criminal complaint
[14:18.000 --> 14:23.200] This gives a grand jury everything it needs
[14:23.200 --> 14:30.000] And here it doesn't really matter if the grand jury likes a judge or approves of the judge
[14:30.000 --> 14:34.500] It gives him facts and law
[14:34.500 --> 14:39.600] If you write a complaint, this is how you want it to come out
[14:39.600 --> 14:46.100] So Scott nice work, Scott sent it to me earlier today and wanted me to read it
[14:46.100 --> 14:51.100] And compared to his previous work, I was very pleasantly surprised
[14:51.100 --> 14:53.700] This was a nice piece of work
[14:53.700 --> 14:59.200] But I owed him to that, I owed it to Scott to read that
[14:59.200 --> 15:03.500] And I hope you get something from it
[15:03.500 --> 15:09.300] If when you write a legal document
[15:09.300 --> 15:16.400] First thing you want to do is present the facts
[15:16.400 --> 15:20.700] You always keep in mind what a judge must do
[15:20.700 --> 15:27.500] The judge has a duty to determine the facts in accordance with the rules of evidence
[15:27.500 --> 15:31.000] In order to get facts in the case
[15:31.000 --> 15:36.700] You need the facts presented in the best ways by verified affidavit
[15:36.700 --> 15:44.600] But that's not enough, you have to establish foundation for the facts
[15:44.600 --> 15:52.200] So you start out at the beginning and you pretty well tell everything
[15:52.200 --> 15:58.700] You want to give facts that may not exactly go to adjudication of the case
[15:58.700 --> 16:06.500] But they set up foundation for the facts that do go to the adjudication of the case
[16:06.500 --> 16:10.500] You can't just throw a fact out there without context
[16:10.500 --> 16:14.900] And foundation is effectively context
[16:14.900 --> 16:18.700] And when you write a statement of facts
[16:18.700 --> 16:24.100] I generally put each fact on a separate sentence
[16:24.100 --> 16:29.600] I may combine them later but generally not
[16:29.600 --> 16:34.200] I want each fact separate, period at the end
[16:34.200 --> 16:37.700] They stop at the end and go to the next line
[16:37.700 --> 16:40.900] And, let me see how much time I got
[16:40.900 --> 16:44.100] Okay, and when you write a fact
[16:44.100 --> 16:48.100] At the end of it, put comma in my opinion
[16:48.100 --> 16:51.200] If you read the sentence and it makes sense
[16:51.200 --> 16:53.500] It's not a fact, it's an opinion, take it out
[16:53.500 --> 16:54.700] Or rewrite it as a fact
[16:54.700 --> 16:57.400] Hang on, Randy Kelton, David Stevens, Wheelbarrow Radio
[16:57.400 --> 17:00.000] We'll be right back
[17:00.000 --> 17:03.800] They took our guns!
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[19:26.300 --> 19:42.600] Okay, we are back
[19:42.600 --> 19:45.200] Randy Kelton, Debra Stevens, Rule of Law Radio
[19:45.200 --> 19:47.800] And I'm going to turn the phones on
[19:47.800 --> 19:49.600] We'll keep the phones on all night
[19:49.600 --> 19:53.400] If you have a question or comment, give me a call
[19:53.400 --> 20:01.000] But in the meantime, I'm preparing a set of documents
[20:01.000 --> 20:04.300] For our Texas Rangers
[20:04.300 --> 20:08.500] The Texas Rangers have been empowered
[20:08.500 --> 20:14.400] To take over the investigative function of the
[20:14.400 --> 20:18.000] Prosecutors Public Integrity Units
[20:18.000 --> 20:20.600] We had a few of those around
[20:20.600 --> 20:25.300] And if you listen to the show a lot, you know that I've argued
[20:25.300 --> 20:33.000] That a public integrity unit attached to a prosecuting attorney's office
[20:33.000 --> 20:36.000] Is criminal
[20:36.000 --> 20:39.800] Because a prosecuting attorney has no power to investigate
[20:39.800 --> 20:42.800] A complaint against a public official
[20:42.800 --> 20:47.500] That's strictly left to a grand jury
[20:47.500 --> 20:51.400] And so when a prosecuting attorney is made known
[20:51.400 --> 20:54.900] That a public official is violating a law related to his office
[20:54.900 --> 20:57.700] He's required to reduce the complaint to an information
[20:57.700 --> 20:59.300] Submitted to the grand jury
[20:59.300 --> 21:02.600] They used to say forthwith they took that out
[21:02.600 --> 21:07.000] And he's also to submit a complaint to some magistrate
[21:07.000 --> 21:09.400] So he can't investigate it
[21:09.400 --> 21:12.800] The legislature said hands off
[21:12.800 --> 21:15.500] But Ronner will put this unit together
[21:15.500 --> 21:20.200] So he can use the investigative unit to
[21:20.200 --> 21:24.300] As a political tool to beat up public officials
[21:24.300 --> 21:26.500] That didn't do what he liked
[21:26.500 --> 21:30.000] Case in point, Tom DeLay
[21:30.000 --> 21:36.200] Ron Earl, local Travis County District Attorney
[21:36.200 --> 21:38.600] Down here in Fodum, Texas
[21:38.600 --> 21:43.600] Took out the second highest political official in the country
[21:43.600 --> 21:49.200] And what he did was horribly illegal
[21:49.200 --> 21:53.200] Nobody ever accused Tom DeLay of a crime
[21:53.200 --> 22:01.700] I was going to read over a presentation I sent to the lawyers for Governor Perry
[22:01.700 --> 22:04.300] Governor Perry, same way
[22:04.300 --> 22:08.400] Nobody ever accused Governor Perry of a crime
[22:08.400 --> 22:11.300] And we do have a caller, Jeff from Mississippi
[22:11.300 --> 22:13.200] And I've been wanting to get him back up
[22:13.200 --> 22:16.400] If I get time, I'll go through this
[22:16.400 --> 22:19.900] It's effectively written as a habeas
[22:19.900 --> 22:24.600] But I sent it to his lawyers rather than filing it as a habeas
[22:24.600 --> 22:25.900] Don't know if they ever read it
[22:25.900 --> 22:28.600] But they sure didn't get the case thrown out
[22:28.600 --> 22:31.300] Okay, we'll go back to this if we have time
[22:31.300 --> 22:33.600] We got Jeff in Mississippi
[22:33.600 --> 22:35.400] Hello, Jeff
[22:35.400 --> 22:39.200] What has been going on with you?
[22:39.200 --> 22:41.000] Well, thanks for having me on
[22:41.000 --> 22:45.900] I've got a couple of questions and we can just go through them and answer them pretty quick
[22:45.900 --> 22:48.600] So we can get back to your topic
[22:48.600 --> 22:53.000] The first question that I've got is I'm writing my complaint
[22:53.000 --> 22:58.600] And something that really, really confuses me is
[22:58.600 --> 23:05.900] When you hear someone say, do not use conclusory adjectives in your facts
[23:05.900 --> 23:08.000] Such as, he stole my lollipop
[23:08.000 --> 23:13.100] He did it recklessly, wantonly, and intentionally
[23:13.100 --> 23:15.100] I've been warned to leave those out
[23:15.100 --> 23:20.100] But yet all read complaints where they're put in and they say them
[23:20.100 --> 23:21.900] So that confuses me
[23:21.900 --> 23:28.100] Do you want to use intentionally, wantonly, and recklessly in your causes of action?
[23:28.100 --> 23:30.600] No, no, here's how you do that
[23:30.600 --> 23:34.900] You give a statement of facts
[23:34.900 --> 23:39.900] And whoever's saying that with a complaint is not correct
[23:39.900 --> 23:43.600] If you're filing a civil action
[23:43.600 --> 23:46.700] Then a civil action, you want to give a statement of facts
[23:46.700 --> 23:50.300] Because you want to get those facts into the record
[23:50.300 --> 23:55.300] But when you're filing a criminal complaint, you're not writing that for the court
[23:55.300 --> 23:58.800] You're writing that for a grand jury
[23:58.800 --> 24:10.400] And there is no technical prescription for how a citizen must write a criminal complaint
[24:10.400 --> 24:16.000] And that's because complaints are intended to be written by non-professionals
[24:16.000 --> 24:23.700] So there is a lot of leeway granted in the writing of a complaint
[24:23.700 --> 24:29.900] So in that regard, I take some liberties
[24:29.900 --> 24:33.900] Not so much for the purpose of taking a liberty
[24:33.900 --> 24:42.600] But from keeping the complaint from being too long and too hard for an ordinary person to understand
[24:42.600 --> 24:48.800] When you're doing a civil case, you're writing this for the judge
[24:48.800 --> 24:52.200] So the judge is going to read down your statement of facts
[24:52.200 --> 24:58.400] And if you have constructed your facts carefully
[24:58.400 --> 25:01.900] Then he will, like any human being
[25:01.900 --> 25:08.000] When they're reading, when they're putting together bits and pieces of information
[25:08.000 --> 25:11.400] They try to establish referential index
[25:11.400 --> 25:17.700] A way to connect logically one piece to the next
[25:17.700 --> 25:20.600] So you write out all your facts first
[25:20.600 --> 25:25.500] And then you determine where you want to take your reader
[25:25.500 --> 25:30.800] What conclusion do you want your reader to come to?
[25:30.800 --> 25:37.900] And then all of the facts that are essentially irrelevant
[25:37.900 --> 25:46.800] Now, some facts don't exactly make a claim
[25:46.800 --> 25:51.400] But they establish foundation for a claim
[25:51.400 --> 25:56.300] Where a question would come into the mind of the reader
[25:56.300 --> 26:00.100] You need to answer that question
[26:00.100 --> 26:04.300] When you are stating the facts, if you jump over something
[26:04.300 --> 26:07.400] And the reader is going to say, wait a minute, wait a minute
[26:07.400 --> 26:12.400] There's something missing here, you've lost a reader, you've lost flow
[26:12.400 --> 26:16.000] So you want to anticipate the question that's going to come to his mind
[26:16.000 --> 26:20.000] And if you need a fact in there to answer that question, you put that back in
[26:20.000 --> 26:22.200] But otherwise you take all the facts out
[26:22.200 --> 26:27.800] That don't lead your reader to connect your facts together
[26:27.800 --> 26:32.500] In a way that will lead him to the conclusion that you want him to come to
[26:32.500 --> 26:37.900] Writing an effective statement of facts is an art form
[26:37.900 --> 26:40.800] Okay, once you have the facts done
[26:40.800 --> 26:44.700] You set that into a statement of facts
[26:44.700 --> 26:48.500] You convert it into an affidavit, have it verified
[26:48.500 --> 26:52.400] And file it as an attachment to your suit
[26:52.400 --> 26:57.200] That's how you get the facts before the court
[26:57.200 --> 27:01.500] The only way these facts won't be accepted by the court
[27:01.500 --> 27:04.500] Is if the other side objects to one of them
[27:04.500 --> 27:08.300] And then the judge makes a ruling on one
[27:08.300 --> 27:11.800] Otherwise, you have your facts in the court that way
[27:11.800 --> 27:16.000] When you're writing a criminal complaint, it's a different deal
[27:16.000 --> 27:20.400] You're writing to a grand jury of your peers
[27:20.400 --> 27:24.100] Who don't necessarily know anything about
[27:24.100 --> 27:27.900] How to stitch these facts together
[27:27.900 --> 27:34.000] So, I generally write a statement of factual accusation
[27:34.000 --> 27:36.500] My term made it up
[27:36.500 --> 27:43.900] But similar to points in authorities or brief
[27:43.900 --> 27:50.400] I call it factual accusation because I write the facts first
[27:50.400 --> 27:52.000] Save that as a statement of facts
[27:52.000 --> 27:54.300] And then I take my statement of facts
[27:54.300 --> 27:58.300] And I start going down through the facts
[27:58.300 --> 28:04.400] And when they reach a point to where a reasonable conclusion should be made
[28:04.400 --> 28:06.100] I put in that conclusion
[28:06.100 --> 28:10.800] And I put in the law that supports the conclusion
[28:10.800 --> 28:15.600] And that's exactly what Scott did in his complaint
[28:15.600 --> 28:21.900] He told the jury, this is what the judge did
[28:21.900 --> 28:27.900] And here's the law that relates to what the judge did
[28:27.900 --> 28:32.800] And this shows why what the judge did was improper
[28:32.800 --> 28:36.400] So he just walked down on the salient pieces
[28:36.400 --> 28:42.400] And he did a good job of taking out all of those facts
[28:42.400 --> 28:48.800] All of those things that really peeled him
[28:48.800 --> 28:53.200] That really annoyed him and got to him and frustrated him
[28:53.200 --> 28:57.600] That he really wanted to rub in their faces
[28:57.600 --> 29:00.400] But it didn't lead to his outcome
[29:00.400 --> 29:05.900] So he took them out and that takes a discipline
[29:05.900 --> 29:08.600] To only put in what you need
[29:08.600 --> 29:11.200] You start putting in stuff you don't need
[29:11.200 --> 29:15.300] You start sounding like somebody who's angry
[29:15.300 --> 29:21.300] And just tried to get somebody in trouble because you don't like what he did
[29:21.300 --> 29:24.500] If you keep it clean
[29:24.500 --> 29:29.100] Keep your facts going specifically to the law that you state
[29:29.100 --> 29:33.100] It makes for a nice read
[29:33.100 --> 29:35.100] This one makes for a nice read
[29:35.100 --> 29:42.100] I read through it and I didn't trip over any major questions
[29:42.100 --> 29:44.800] I never lost flow
[29:44.800 --> 29:47.100] Now, I could have asked a whole bunch of questions
[29:47.100 --> 29:53.300] But in reading through it, I didn't need to
[29:53.300 --> 29:54.600] I mean, if I didn't know anything about it
[29:54.600 --> 29:56.700] I would have just flowed right through it and never hit a bump
[29:56.700 --> 29:59.400] Hang on, Randy Kelton, if you love our radio, you'll be right
[30:26.800 --> 30:30.600] Say no to surveillance and keep your information to yourself
[30:30.600 --> 30:33.100] Privacy, it's worth hanging on to
[30:33.100 --> 30:36.700] This public service announcement is brought to you by Startpage.com
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[30:44.000 --> 30:47.600] Clutter, it messes up your space and clouds your thinking
[30:47.600 --> 30:50.200] If you're drowning in a sea of your own possessions
[30:50.200 --> 30:52.900] You may need to change the way you think about things
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[30:55.500 --> 30:57.700] Clutter may mean you're holding on to the past
[30:57.700 --> 31:01.600] Especially if you're keeping things to help you remember people or events
[31:01.600 --> 31:05.500] My husband and I struggled with a ton of sentimental baggage ourselves
[31:05.500 --> 31:07.800] Till we finally hit on a workable solution
[31:07.800 --> 31:10.400] Rather than hang on to that 8th grade chess trophy
[31:10.400 --> 31:12.600] Or that old guitar you played in college
[31:12.600 --> 31:15.100] Take a photo of it, then get rid of the original
[31:15.100 --> 31:19.400] The clutter leaves your home, but the precious memory remains
[31:19.400 --> 31:20.600] I'm Dr. Catherine Albrecht
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[31:57.100 --> 32:00.600] Only at ThisUSA.org
[32:00.600 --> 32:04.600] Rule of Law Radio is proud to offer the Rule of Law traffic seminar
[32:04.600 --> 32:07.100] In today's America we live in an us against them society
[32:07.100 --> 32:09.600] And if we the people are ever going to have a free society
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[32:12.100 --> 32:15.100] Among those rights are the right to travel freely from place to place
[32:15.100 --> 32:16.600] The right to act in our own private capacity
[32:16.600 --> 32:19.100] And most importantly, the right to due process of law
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[33:02.100 --> 33:06.100] Live free speech radio, logosradionetwork.com
[33:06.100 --> 33:10.100] Live free speech radio, logosradionetwork.com
[33:13.100 --> 33:17.100] Yes, Mr. Officer, you're taking the line you had
[33:19.100 --> 33:22.100] I want you to follow the law of the land
[33:23.100 --> 33:25.100] I don't understand
[33:26.100 --> 33:28.100] Your job is to protect our servers
[33:29.100 --> 33:31.100] Not be Arabians
[33:31.100 --> 33:33.100] I'm concerned
[33:33.100 --> 33:36.100] When you're gonna stop abuse
[33:36.100 --> 33:39.100] Your power
[33:39.100 --> 33:42.100] When you're gonna stop abuse
[33:42.100 --> 33:44.100] Your power
[33:44.100 --> 33:47.100] When you're gonna stop abuse
[33:47.100 --> 33:50.100] Your power
[33:50.100 --> 33:53.100] When you're gonna stop abuse
[33:53.100 --> 33:56.100] Your power
[33:56.100 --> 33:59.100] So please Mr. Mackle and each officer
[33:59.100 --> 34:01.100] Not to abuse their power
[34:01.100 --> 34:04.100] Send a request to the leader
[34:04.100 --> 34:07.100] The captain of all officers
[34:07.100 --> 34:09.100] Tell them to uphold the law
[34:09.100 --> 34:12.100] Appease, don't abuse their power
[34:12.100 --> 34:15.100] They beat and they beat and they cheat and they cheat
[34:15.100 --> 34:18.100] And they lie every hour
[34:18.100 --> 34:20.100] So Mr. Officer
[34:20.100 --> 34:23.100] Please stop abusing your power
[34:23.100 --> 34:25.100] You pulled me over
[34:25.100 --> 34:27.100] I tell you to be silent
[34:27.100 --> 34:30.100] Okay, we are back, we're into Kelton
[34:30.100 --> 34:32.100] Rule of Law Radio
[34:32.100 --> 34:36.100] And we're talking to Jeff in Mississippi
[34:37.100 --> 34:39.100] Hold on Jeff, let me unmute you
[34:39.100 --> 34:41.100] Okay
[34:42.100 --> 34:43.100] Where were we?
[34:43.100 --> 34:45.100] I just wanted to recap real quick then
[34:45.100 --> 34:47.100] In my statement of facts
[34:47.100 --> 34:49.100] If I'm using conclusory adjectives
[34:49.100 --> 34:53.100] Like he meant to hit me or intentionally or wantonly
[34:53.100 --> 34:55.100] I just need to take those out
[34:55.100 --> 34:59.100] No, you can actually leave those in
[34:59.100 --> 35:04.100] If the wanton is implied from the facts
[35:04.100 --> 35:06.100] Okay
[35:06.100 --> 35:09.100] Now if he tripped over a banana peel
[35:09.100 --> 35:11.100] Threw his arm back
[35:11.100 --> 35:14.100] And blooded your nose
[35:14.100 --> 35:17.100] Then you can't say wantonly
[35:17.100 --> 35:19.100] But if he walked up to you
[35:19.100 --> 35:21.100] Raised his arm
[35:21.100 --> 35:24.100] Swung his arm around and connected with your nose
[35:24.100 --> 35:31.100] That's wantonly as the element of the crime intends
[35:31.100 --> 35:35.100] Keep in mind all crimes are thought crimes
[35:35.100 --> 35:38.100] And we have a lot of people complaining about that
[35:38.100 --> 35:44.100] But all crimes are crimes of intent, not of action
[35:44.100 --> 35:48.100] I once punched a woman up beside her head
[35:48.100 --> 35:53.100] With every intention of knocking her smooth out
[35:53.100 --> 35:56.100] So, did I commit a crime?
[35:57.100 --> 35:59.100] The facts were
[35:59.100 --> 36:02.100] We were in Lake Michigan, she got caught in a riptide
[36:02.100 --> 36:04.100] I swam out to get her
[36:04.100 --> 36:08.100] And I'm having to struggle because the riptide's pulling us to the bottom
[36:08.100 --> 36:12.100] And I'm having to shove my feet against the bottom
[36:12.100 --> 36:16.100] And shove her up and then jump up myself to get up out of the riptide
[36:16.100 --> 36:21.100] And I shoved her up and came up and she latched on to me
[36:21.100 --> 36:26.100] Squeezing me so hard I couldn't breathe and nearly drowned us both
[36:26.100 --> 36:30.100] I got loose from her, got a breath of air, she grabbed me again
[36:30.100 --> 36:34.100] And I did everything I could to knock her smooth out
[36:34.100 --> 36:39.100] Well, I didn't knock her out but she quit grabbing hold of me and let me drag her in
[36:39.100 --> 36:42.100] All crimes are thought crimes
[36:42.100 --> 36:45.100] It's not what you did, it's why you did it
[36:45.100 --> 36:48.100] So, in that regard
[36:48.100 --> 36:52.100] You state your facts
[36:52.100 --> 36:55.100] State your facts as facts
[36:55.100 --> 36:58.100] He did this, he did that, he did this
[36:58.100 --> 37:02.100] Therefore, he wantonly
[37:02.100 --> 37:06.100] Then you state your conclusion
[37:06.100 --> 37:10.100] In the verbiage of the element of the crime
[37:10.100 --> 37:13.100] As closely as you can
[37:13.100 --> 37:15.100] Alright
[37:15.100 --> 37:17.100] That makes sense
[37:17.100 --> 37:21.100] Now, my second question is kind of a strange question
[37:21.100 --> 37:26.100] I've been listening to seminars and I've heard people say that it is impossible
[37:26.100 --> 37:30.100] If you're going for a civil suit, Title 42
[37:30.100 --> 37:35.100] It's impossible to sue a judge or a clerk
[37:35.100 --> 37:40.100] Unless you've actually got proof that they're committing fraud
[37:40.100 --> 37:46.100] And I mean like if they're really stepped up to the microphone and basically admitted it
[37:46.100 --> 37:49.100] Now, in my case, I really do
[37:49.100 --> 37:54.100] I've got the clerk of the court testifying in court
[37:54.100 --> 37:57.100] That I'm supposed to be arrested
[37:57.100 --> 38:00.100] However, she has no record as to why
[38:00.100 --> 38:04.100] She just claims under oath that she just felt comfortable
[38:04.100 --> 38:06.100] That she knew I'm supposed to be there
[38:06.100 --> 38:11.100] And then I have on record me asking the judge why am I arrested
[38:11.100 --> 38:15.100] And he's not giving an answer, he's refusing to give an answer
[38:15.100 --> 38:19.100] So can I go ahead and sue these people?
[38:19.100 --> 38:22.100] And if it's not
[38:22.100 --> 38:24.100] If I'm not supposed to sue
[38:24.100 --> 38:26.100] Tweedle VUS
[38:26.100 --> 38:29.100] A lot of people misuse Tweedle
[38:29.100 --> 38:33.100] They ask somebody a question and if the person don't answer the question
[38:33.100 --> 38:35.100] They call it fraud
[38:35.100 --> 38:42.100] Well, it's only fraud if you have a duty to answer
[38:42.100 --> 38:49.100] And in this case, you ask the judge for nature and cause
[38:49.100 --> 38:50.100] Yes
[38:50.100 --> 38:53.100] Why am I being arrested?
[38:53.100 --> 38:57.100] He failed to provide nature and cause
[38:57.100 --> 39:01.100] He had a duty to provide nature and cause
[39:01.100 --> 39:04.100] And according to Tweedle, that's fraud
[39:04.100 --> 39:06.100] Okay, what about the clerk?
[39:06.100 --> 39:08.100] Hold on, another one
[39:08.100 --> 39:14.100] There's one place where the states, municipalities, counties
[39:14.100 --> 39:17.100] All waive their sovereign immunity
[39:17.100 --> 39:20.100] False imprisonment
[39:20.100 --> 39:21.100] Okay
[39:21.100 --> 39:23.100] That's precisely what this goes to
[39:23.100 --> 39:30.100] But that's what you were saying about it's almost impossible to sue a judge
[39:30.100 --> 39:35.100] That's the reality, that's not the law
[39:35.100 --> 39:39.100] The law says the only time you can sue a judge
[39:39.100 --> 39:44.100] Is when he acts outside his subject matter jurisdiction
[39:44.100 --> 39:47.100] And another way of saying that
[39:47.100 --> 39:53.100] Is when he performs an act that's outside the scope of his authority
[39:53.100 --> 39:58.100] Committing crimes against you is not within scope
[39:58.100 --> 40:01.100] We have a case in Texas where a jailer
[40:01.100 --> 40:05.100] Picked up a woman at one facility, 19 year old girl
[40:05.100 --> 40:07.100] Driving her to another facility
[40:07.100 --> 40:10.100] Stopped halfway there and raped her
[40:10.100 --> 40:13.100] And then took her to the second facility while she sued
[40:13.100 --> 40:17.100] And he claimed immunity
[40:17.100 --> 40:20.100] And the court said
[40:20.100 --> 40:23.100] Rape is not within scope
[40:23.100 --> 40:27.100] Since the act was not within scope, there is no immunity
[40:27.100 --> 40:34.100] Committing crimes against you are not within scope of the judge's authority
[40:34.100 --> 40:40.100] False imprisonment may or may not be a crime in Arkansas
[40:40.100 --> 40:45.100] False imprisonment is not a crime in Texas
[40:45.100 --> 40:49.100] False imprisonment is a cause of action in Texas
[40:49.100 --> 40:53.100] The crime is kidnapping
[40:53.100 --> 40:57.100] We could claim false imprisonment if they had a statute for it, but we don't
[40:57.100 --> 41:00.100] So the crime is kidnapping
[41:00.100 --> 41:02.100] And the tort is false imprisonment
[41:02.100 --> 41:07.100] I might want to check that in Arkansas
[41:07.100 --> 41:11.100] To make sure that if you charge him with false imprisonment as a crime
[41:11.100 --> 41:15.100] That it actually is a statute
[41:15.100 --> 41:18.100] Did I get off topic?
[41:18.100 --> 41:19.100] No, you're good
[41:19.100 --> 41:23.100] Just with the clerk, what my only concern would be
[41:23.100 --> 41:26.100] Is if I listed the clerk and the judge as defendants
[41:26.100 --> 41:28.100] And then the court came back
[41:28.100 --> 41:29.100] Hold on, hold on
[41:29.100 --> 41:39.100] Clerk, what part of a clerk's duty involves instructing the judge to arrest you?
[41:39.100 --> 41:40.100] She didn't
[41:40.100 --> 41:47.100] The state filed for a motion to have me arrested for failure to appear
[41:47.100 --> 41:51.100] I called the clerk on the stand to see if she was comfortable
[41:51.100 --> 41:54.100] If I knew that I was supposed to show up for the date
[41:54.100 --> 41:57.100] And she said she thought she was comfortable
[41:57.100 --> 42:00.100] Oh, that's different
[42:00.100 --> 42:06.100] So the clerk is a witness answering questions
[42:06.100 --> 42:08.100] Yes, against me
[42:08.100 --> 42:11.100] Can't be sued
[42:11.100 --> 42:15.100] Absolutely cannot be sued, period
[42:15.100 --> 42:17.100] Okay, good
[42:17.100 --> 42:21.100] Even if she lied like a dog, she can't be sued
[42:21.100 --> 42:23.100] Really? Why?
[42:23.100 --> 42:29.100] Well, they want people to be able to comfortably testify
[42:29.100 --> 42:34.100] And not have to worry about getting sued about every word they say
[42:34.100 --> 42:35.100] Okay
[42:35.100 --> 42:37.100] When you're called on the stand
[42:37.100 --> 42:43.100] You never have to worry about being sued over your testimony
[42:43.100 --> 42:48.100] You can be prosecuted for perjury
[42:48.100 --> 42:50.100] But you can't be sued
[42:50.100 --> 42:56.100] You can't slander someone from the witness stand
[42:56.100 --> 42:58.100] You cannot be sued for it
[42:58.100 --> 43:01.100] So I would not go after the clerk if that's what she did
[43:01.100 --> 43:04.100] Now, if she committed aggravated perjury
[43:04.100 --> 43:09.100] But then again, if she testified to what she thought or felt
[43:09.100 --> 43:12.100] You're not going to have a shot at her
[43:12.100 --> 43:14.100] Okay, I'll just take her off
[43:14.100 --> 43:17.100] I would do that
[43:17.100 --> 43:21.100] Unless you have something really compelling
[43:21.100 --> 43:23.100] Well, that leads me to my last question
[43:23.100 --> 43:26.100] That is, let's say I left her on the complaint
[43:26.100 --> 43:29.100] And then what happened is exactly what you said
[43:29.100 --> 43:31.100] Is that I can't sue her
[43:31.100 --> 43:35.100] Would that destroy my entire complaint or could I just
[43:35.100 --> 43:38.100] No, it won't hurt at all
[43:38.100 --> 43:39.100] Okay
[43:39.100 --> 43:40.100] I'm done
[43:40.100 --> 43:41.100] Thank you
[43:41.100 --> 43:44.100] It'll cost them a little more to get it thrown off
[43:44.100 --> 43:46.100] That's all
[43:46.100 --> 43:47.100] Okay
[43:47.100 --> 43:48.100] Thank you
[43:48.100 --> 43:53.100] Okay, you got any more before us?
[43:53.100 --> 43:54.100] I guess not
[43:54.100 --> 43:57.100] Randy Kelton, Rule of Law Radio
[43:57.100 --> 43:59.100] I call it number 51264
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[46:26.100 --> 46:28.100] What's a captain and a soldier
[46:28.100 --> 46:29.100] A warrior of love
[46:29.100 --> 46:32.100] Scaffolding their keepers easy
[46:32.100 --> 46:35.100] All they're taking is a misunderstanding
[46:35.100 --> 46:37.100] When somebody calls the police
[46:37.100 --> 46:40.100] Watching the sparks fly
[46:43.100 --> 46:46.100] Watching the sparks fly
[46:49.100 --> 46:52.100] Watching the sparks fly
[46:52.100 --> 46:54.100] Okay, we are back
[46:54.100 --> 46:57.100] Randy Kelton, Lulavlaw Radio
[46:57.100 --> 46:59.100] And we're talking to
[46:59.100 --> 47:01.100] We're going to Tim in California
[47:01.100 --> 47:03.100] Hello, Tim
[47:03.100 --> 47:05.100] Hello
[47:05.100 --> 47:09.100] Okay, what do you have for us today?
[47:09.100 --> 47:13.100] I was the person that had actually written you an email
[47:13.100 --> 47:17.100] Regarding the fraud that was perpetrated against myself and my wife
[47:17.100 --> 47:18.100] Regarding our homes
[47:18.100 --> 47:21.100] With all the illegal activities
[47:21.100 --> 47:25.100] That were associated with a securitized trust
[47:25.100 --> 47:28.100] In the 2007-2008 timeframe
[47:28.100 --> 47:34.100] Okay, can you give me a brief synopsis?
[47:34.100 --> 47:36.100] Yeah, a brief synopsis is
[47:36.100 --> 47:40.100] We actually owned some high-end homes
[47:40.100 --> 47:43.100] In an exclusive area in California
[47:43.100 --> 47:45.100] Southern California, Orange County
[47:45.100 --> 47:48.100] And one of the homes we were selling
[47:48.100 --> 47:50.100] A person came to our door
[47:50.100 --> 47:52.100] And was involved in the mortgage industry
[47:52.100 --> 47:57.100] And educated me as to all the fraudulent things that were going on
[47:57.100 --> 48:00.100] I at the time was starting up a technology company
[48:00.100 --> 48:02.100] And I had to make a business decision
[48:02.100 --> 48:04.100] On what I was going to do
[48:04.100 --> 48:07.100] And when I researched what this person had told me
[48:07.100 --> 48:08.100] I found it to be true
[48:08.100 --> 48:11.100] So I became a conscientious objector
[48:11.100 --> 48:15.100] To the fraud that was perpetrated against homeowners
[48:15.100 --> 48:20.100] After these securitized trusts had been used to rip off money
[48:20.100 --> 48:22.100] From the institutional investors
[48:22.100 --> 48:25.100] So at the same time that that was happening
[48:25.100 --> 48:28.100] I ran across Lynz-Dismoniak in Florida
[48:28.100 --> 48:31.100] Where she had actually blown open wide
[48:31.100 --> 48:33.100] The Revo signing issue
[48:33.100 --> 48:37.100] Where people were paid $10 an hour to act as
[48:37.100 --> 48:45.100] Trustee secretaries or secretaries of the bank
[48:45.100 --> 48:47.100] When they were just people out off the street
[48:47.100 --> 48:50.100] Didn't pay $10 an hour to forge signatures
[48:50.100 --> 48:54.100] So that the bank could initiate an unlawful retainer action
[48:54.100 --> 48:57.100] For no more damage than $15,000
[48:57.100 --> 49:02.100] And that was used to illegally evict people like myself out of our homes
[49:02.100 --> 49:05.100] Even when we were fighting in the court
[49:05.100 --> 49:10.100] To have the opposition prove that they had legal standing
[49:10.100 --> 49:13.100] So it uncovered a RICO scenario
[49:13.100 --> 49:17.100] I've been in a situation where I've had to recuse federal judges
[49:17.100 --> 49:21.100] The best case is our own property
[49:21.100 --> 49:27.100] My wife, we've entered into Chapter 13 to protect our interests
[49:27.100 --> 49:32.100] The argument being we have to have our properties and property reorganized
[49:32.100 --> 49:36.100] Because effectively they stole the properties and all of our down payments
[49:36.100 --> 49:41.100] And so halfway through that case
[49:41.100 --> 49:45.100] The judge was replaced by another judge
[49:45.100 --> 49:53.100] That effectively research provided me the reality that that judge had actually
[49:53.100 --> 49:56.100] Been an employee of the successor and interest of Countrywide
[49:56.100 --> 49:59.100] Which is Bank of America for 15 years
[49:59.100 --> 50:04.100] Prior to becoming an attorney general for two years
[50:04.100 --> 50:07.100] Before being placed on the bench
[50:07.100 --> 50:12.100] That judge was asked under oath by my wife if she had any
[50:12.100 --> 50:17.100] Second Amendment, actually 14th Amendment right conflicts
[50:17.100 --> 50:21.100] And that we have under the Constitution of the Federal Court jurisdiction
[50:21.100 --> 50:23.100] The right to a fair and impartial tribunal
[50:23.100 --> 50:28.100] The answer was this is not the proper venue for that question
[50:28.100 --> 50:31.100] After that particular hearing
[50:31.100 --> 50:35.100] She accused me, even though it wasn't my case
[50:35.100 --> 50:40.100] She accused me of the threat because I had requested her financial information
[50:40.100 --> 50:44.100] From the Fair Practice of Judicial Committee in Washington, D.C.
[50:44.100 --> 50:47.100] So she could redact her financial information
[50:47.100 --> 50:51.100] Fortunately for us, she had been divorced and we were able to find out
[50:51.100 --> 50:55.100] All the proof of the fact that she is the stock owner and Bank of America
[50:55.100 --> 51:00.100] I think an employee had a 401K, had a pension with Bank of America
[51:00.100 --> 51:04.100] And was sitting on a case where Bank of America was involved
[51:04.100 --> 51:10.100] As the successor and interest of our property, allegedly
[51:10.100 --> 51:16.100] So if you're not familiar, Countrywide was one of the big out front operations
[51:16.100 --> 51:20.100] Through the whole crash with Lehman Brothers and all the toxic assets
[51:20.100 --> 51:26.100] Effectively, there was a case, Kemp versus Countrywide
[51:26.100 --> 51:30.100] Where Lindy Demartini under oath in federal court stated
[51:30.100 --> 51:36.100] That she's an officer Countrywide, that they never transfer their promissory notes to the Spiritide Trust
[51:36.100 --> 51:40.100] And the reason they didn't do that is because they had sold those promissory notes
[51:40.100 --> 51:42.100] To multiple and institutional investors
[51:42.100 --> 51:44.100] So which one do you send it to?
[51:44.100 --> 51:47.100] Effectively, they destroyed that evidence
[51:47.100 --> 51:50.100] And that's what caused the whole purpose of the robo-fighting
[51:50.100 --> 51:53.100] Is they needed to have some kind of legal way to evict people from properties
[51:53.100 --> 52:00.100] That they had no longer for their own great purposes had a legal chain of title
[52:00.100 --> 52:06.100] So where I'm at at this point is final move before I believe a fair judge in my own case
[52:06.100 --> 52:10.100] And I just want to make sure that I'm prepared for the best of my ability
[52:10.100 --> 52:12.100] Okay, hold on, hold on
[52:12.100 --> 52:16.100] Are you still in bankruptcy?
[52:16.100 --> 52:19.100] So I'm not in bankruptcy exactly right now
[52:19.100 --> 52:24.100] But the last time what happened was there was a docket that I wasn't familiar with
[52:24.100 --> 52:27.100] Which was I think the damages docket
[52:27.100 --> 52:32.100] And they had put in one of these other illegal loans
[52:32.100 --> 52:36.100] Where it was actually a personal, it was a HELOC personal loan
[52:36.100 --> 52:40.100] But then they tied it to the property and I didn't see that so I didn't argue that
[52:40.100 --> 52:43.100] And I had to dismiss so I filed this
[52:43.100 --> 52:45.100] Okay, wait, hold on, hold on
[52:45.100 --> 52:50.100] You had the bankruptcy, the bankruptcy was dismissed?
[52:50.100 --> 52:52.100] Without prejudice
[52:52.100 --> 52:53.100] Okay
[52:53.100 --> 52:54.100] I asked for a dismiss without prejudice
[52:54.100 --> 52:55.100] Okay, hold on
[52:55.100 --> 52:56.100] But with prejudice
[52:56.100 --> 52:59.100] And the judge sided for me
[52:59.100 --> 53:05.100] When you filed for bankruptcy did you claim the property as unsecured?
[53:05.100 --> 53:07.100] Correct
[53:07.100 --> 53:10.100] Did the, no that was correct
[53:10.100 --> 53:14.100] So you did claim it as unsecured?
[53:14.100 --> 53:15.100] Right, exactly
[53:15.100 --> 53:21.100] I was the fee simple owner of the property as I filed on my form
[53:21.100 --> 53:31.100] Did you get a ruling on, did you have an evidentiary hearing on standing of the claimant?
[53:31.100 --> 53:34.100] No, because they've always, we've never been able to get to that point
[53:34.100 --> 53:42.100] Because they keep doing all types of different procedural tactics to get away from even arguing the law
[53:42.100 --> 53:47.100] So that's what I'm looking to do, I'm going to refile and I'm going to move straight to quiet to vital
[53:47.100 --> 53:49.100] And I'm going to put in a
[53:49.100 --> 53:52.100] Okay, okay, hold on, hold on, hold on
[53:52.100 --> 53:57.100] Okay, have you filed a qualified written request?
[53:57.100 --> 53:59.100] Yes
[53:59.100 --> 54:05.100] What did you claim as an accounting error?
[54:05.100 --> 54:10.100] I can't remember, I had to go back and look at that
[54:10.100 --> 54:15.100] Okay, that is really, really important
[54:15.100 --> 54:25.100] If you've filed what you called a qualified written request and you did not claim an accounting error
[54:25.100 --> 54:31.100] And demand that the lender correct the error then it wasn't a qualified written request
[54:31.100 --> 54:36.100] Now I have a qualified written request
[54:36.100 --> 54:40.100] It's also a debt validation letter
[54:40.100 --> 54:45.100] It's also a demand under UCC 3-501
[54:45.100 --> 54:50.100] And most important it's a notice of rescission
[54:50.100 --> 54:54.100] I'm going to suggest that you file this
[54:54.100 --> 55:03.100] And the reason I asked about the accounting error is we have a real humdinger that we can use
[55:03.100 --> 55:09.100] You got your HUD 1 settlement statement
[55:09.100 --> 55:17.100] I do, but the problem with that is the legal situation is the bank that I did transaction with no longer exists
[55:17.100 --> 55:19.100] Wonderful
[55:19.100 --> 55:29.100] My legal position is unless under Supreme Court ruling, they have to bring an unaltered signature note in order to prove legal standing
[55:29.100 --> 55:34.100] They can't just bring a deed upon trust because
[55:34.100 --> 55:37.100] Okay, hold on, you're in California?
[55:37.100 --> 55:39.100] Correct
[55:39.100 --> 55:43.100] Right now in California that's all they need
[55:43.100 --> 55:53.100] However, we are waiting for a decision from the Supreme in California on the Yvanov case
[55:53.100 --> 56:02.100] And we also have a case with someone that I'm working with in San Diego
[56:02.100 --> 56:07.100] In that case we're asking the court to distinguish Jenkins
[56:07.100 --> 56:15.100] This all goes to your right to challenge an assignment or an appointment
[56:15.100 --> 56:28.100] In California the courts have mostly held that since you're not a party to that transaction you have no standing to challenge it
[56:28.100 --> 56:43.100] But I seriously suspect that the Supreme picked this case up because they intend to either overrule Jenkins or distinguish Jenkins
[56:43.100 --> 56:49.100] Jenkins is the one they use to say you can't challenge these documents
[56:49.100 --> 57:00.100] They present Jenkins as if it says you don't have standing to challenge these documents, but that is not what Jenkins says
[57:00.100 --> 57:09.100] What Jenkins says is you can't just willy-nilly say I don't believe that's a proper document
[57:09.100 --> 57:14.100] And then take an action and demand discovery
[57:14.100 --> 57:17.100] They're calling it a phishing expedition
[57:17.100 --> 57:29.100] They're saying Jenkins said unless you have actual evidence that the document is fraudulent or improperly filed then you don't have standing
[57:29.100 --> 57:32.100] But if you have evidence you do
[57:32.100 --> 57:41.100] In the case in San Diego we're asking the court to distinguish Jenkins and say Jenkins didn't say you don't have standing
[57:41.100 --> 57:46.100] It says you don't have standing unless you have some reason to believe
[57:46.100 --> 58:02.100] But we have the Yovanov case which may well handle this issue, we really believe that the Supreme picked up Yovanov in order to validate Glasky
[58:02.100 --> 58:05.100] And Glasky is the one that said you do have standing
[58:05.100 --> 58:10.100] Until that time what you're talking about is not really something you can adjudicate in California
[58:10.100 --> 58:13.100] That's of course going to blow you right off
[58:13.100 --> 58:18.100] That's why I was going for the bankruptcy side
[58:18.100 --> 58:27.100] In claiming the property is unsecured because what you do there is you change things around
[58:27.100 --> 58:35.100] The trustee of the bankruptcy court has a duty to protect the assets for the proper debtors
[58:35.100 --> 58:40.100] So if somebody makes a claim they have to prove it to the trustee not just to you
[58:40.100 --> 58:44.100] Hang on, going to break, Randy Kelton, Wheelbarrow Radio, or call that number
[58:44.100 --> 58:49.100] 512-646-1984, we'll be right back
[58:49.100 --> 58:53.100] The Bible remains the most popular book in the world
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[01:00:23.100 --> 01:00:31.100] Markets for Tuesday the 19th of January 2016 are currently trading with gold at $1,087.85 an ounce
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[01:00:46.100 --> 01:00:47.100] Today in history
[01:00:47.100 --> 01:00:50.100] Wednesday, January 19, 1977
[01:00:50.100 --> 01:00:54.100] West Palm Beach reported snow for the first time on record
[01:00:54.100 --> 01:01:02.100] Snow flurries reaching as far south as Homestead and even the Bahamas
[01:01:02.100 --> 01:01:03.100] In recent news
[01:01:03.100 --> 01:01:07.100] The U.N. is set to set up processing centers in countries near to Central America
[01:01:07.100 --> 01:01:10.100] where people will be allowed to apply for refugee status
[01:01:10.100 --> 01:01:13.100] without having to pay smugglers to take them to the U.S. border
[01:01:13.100 --> 01:01:18.100] People granted refugee status may be resettled in the United States or other countries
[01:01:18.100 --> 01:01:20.100] In a recent release, the U.N. said
[01:01:20.100 --> 01:01:25.100] The international community is currently experiencing a flood of migrants from countries in crisis
[01:01:25.100 --> 01:01:32.100] with the number of forcibly displaced persons in the world now higher than it has been at any time since World War II
[01:01:32.100 --> 01:01:33.100] Also according to the United Nations
[01:01:33.100 --> 01:01:41.100] Almost 60 million people worldwide have been forced from their homes by conflict, persecution, general violence or human rights violations
[01:01:41.100 --> 01:01:46.100] The global population of displaced people is growing at a faster rate than the general population
[01:01:46.100 --> 01:01:58.100] Researchers from Durham University have discovered what appears to be a massive canyon system beneath Antarctica's ice
[01:01:58.100 --> 01:02:03.100] Using satellite data, geologists have mapped out a system of canyons over a thousand kilometers long
[01:02:03.100 --> 01:02:08.100] which is over twice the length of the Grand Canyon with pits that reach up to a kilometer deep
[01:02:08.100 --> 01:02:13.100] They were located in the Princess Elizabeth land region on the eastern side of the continent
[01:02:13.100 --> 01:02:24.100] The Texas Department of Public Safety, or DPS, has confirmed that a highway patrol trooper, Terry Lockridge, 33 years old
[01:02:24.100 --> 01:02:29.100] was arrested last week on charges of aggravated sexual assault of an underage girl
[01:02:29.100 --> 01:02:33.100] Mr. Lockridge has been with the DPS since September of 2009
[01:02:33.100 --> 01:02:36.100] Officials say that the case is still under investigation
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[01:02:51.100 --> 01:02:55.100] This has been your Lowdown for January 19, 2016
[01:02:55.100 --> 01:03:00.100] The Lone Star Lowdown
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[01:03:19.100 --> 01:03:23.100] Okay, we are back. We're in the Kelton Debra Stevens room of our radio
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[01:04:31.100 --> 01:04:37.100] Okay, we're going back to Tim in California. Tim, I've been having a little difficulty with your sound
[01:04:37.100 --> 01:04:42.100] Can you move your mic a little away from your mouth, just maybe down under your chin or something?
[01:04:42.100 --> 01:04:50.100] Your mic is kind of booming at me. Sure, is that better? That's better
[01:04:50.100 --> 01:04:59.100] I can't prove fraud back to the RoboSigning because we own multiple properties
[01:04:59.100 --> 01:05:07.100] I actually have a forensic document examiner evidence on docket of my wife's bankruptcy
[01:05:07.100 --> 01:05:12.100] of the fraudulent activity regarding the... Wait a minute, hold on
[01:05:12.100 --> 01:05:18.100] You said a forensic document examiner. What documents did he examine?
[01:05:18.100 --> 01:05:24.100] He examined the trustee's deed upon sale or alleged trustee's deed upon sale
[01:05:24.100 --> 01:05:33.100] which is what they need to claim that there was a transaction from the original loan holder
[01:05:33.100 --> 01:05:37.100] and all those documents have been proven fraudulent
[01:05:37.100 --> 01:05:45.100] and in addition, I was able to get the pooling and service agreement of the alleged new holder
[01:05:45.100 --> 01:05:51.100] sure ties trust for each property and the cutoff dates don't match the filing
[01:05:51.100 --> 01:06:00.100] Okay, wait a minute. As to, there's a lot of stuff around the internet
[01:06:00.100 --> 01:06:05.100] about going after the securitization of the note
[01:06:05.100 --> 01:06:13.100] and I'm very familiar with that side of this issue, but I am perplexed
[01:06:13.100 --> 01:06:23.100] that is the hardest route to go. Have you read the deed of trust carefully?
[01:06:23.100 --> 01:06:29.100] Yes. Well, all I was stating was that their own filing contradict each other
[01:06:29.100 --> 01:06:33.100] that's really the argument that I'm making is we've proven fraud
[01:06:33.100 --> 01:06:37.100] with respect to what was filed to initiate the unlawful detainer
[01:06:37.100 --> 01:06:44.100] and in addition, it violates the alleged legal position of the securitized trust
[01:06:44.100 --> 01:06:48.100] which is claiming... Okay, hold on, hold on
[01:06:48.100 --> 01:06:56.100] I have a concern here. You're talking to me about issues
[01:06:56.100 --> 01:07:05.100] that I go to every once in a great while. I have one right now that I'm going to that issue
[01:07:05.100 --> 01:07:11.100] The only reason I'm going to that issue is because I don't have anything else
[01:07:11.100 --> 01:07:18.100] I almost never have to go to that issue because I got so much stuff
[01:07:18.100 --> 01:07:31.100] In this particular note, I have a note by Bank of America NA in 04
[01:07:31.100 --> 01:07:43.100] I have an assignment of the security instrument from Bank of America to Christina Trust in 2014
[01:07:43.100 --> 01:07:47.100] I have a deed of trust by Christina Trust
[01:07:47.100 --> 01:07:49.100] Man, I don't have much that I work with
[01:07:49.100 --> 01:07:54.100] and then we did a check back on Bank of America and if they sold this thing
[01:07:54.100 --> 01:08:00.100] they didn't file on it anywhere because there's no records on it
[01:08:00.100 --> 01:08:06.100] Extremely rare that I come up with something like this
[01:08:06.100 --> 01:08:12.100] What I always come up with and in looking at these documents
[01:08:12.100 --> 01:08:16.100] it took a close look but I found something
[01:08:16.100 --> 01:08:20.100] Bank of America NA was the lender
[01:08:20.100 --> 01:08:27.100] The assignment of the security instrument from Bank of America to Christina Trust
[01:08:27.100 --> 01:08:32.100] was done by Bank of America Home Mortgage
[01:08:32.100 --> 01:08:35.100] Mu-ha-ha
[01:08:35.100 --> 01:08:41.100] Bank of America Home Mortgage is not Bank of America NA
[01:08:41.100 --> 01:08:46.100] So without regard to the securities issue
[01:08:46.100 --> 01:08:52.100] Bank of America Home Mortgage, who the heck are you?
[01:08:52.100 --> 01:08:55.100] And how did you get in this mix?
[01:08:55.100 --> 01:09:03.100] Where did you get authority to assign the security instrument to Christina Trust?
[01:09:03.100 --> 01:09:06.100] I'm not going to securitization
[01:09:06.100 --> 01:09:09.100] I'm going to change the title
[01:09:09.100 --> 01:09:14.100] and covenant 16 of the deed of trust
[01:09:14.100 --> 01:09:19.100] Generally 15 or 16 depending on which document it is
[01:09:19.100 --> 01:09:24.100] The governing law and severability clause
[01:09:24.100 --> 01:09:28.100] You should have that memorized
[01:09:28.100 --> 01:09:33.100] Both parties to the transaction have agreed to abide by all standing law
[01:09:33.100 --> 01:09:36.100] I make claims under the consumer protection laws
[01:09:36.100 --> 01:09:40.100] I make claims of violations of the consumer protection laws
[01:09:40.100 --> 01:09:51.100] But I never ever claim the remedy provided by the consumer protection laws
[01:09:51.100 --> 01:09:55.100] I claim a contractual breach
[01:09:55.100 --> 01:09:58.100] They violated the law, they breached the contract
[01:09:58.100 --> 01:10:02.100] Now asking the judge to rule on securitization
[01:10:02.100 --> 01:10:05.100] That's a lot to wrap his head around
[01:10:05.100 --> 01:10:08.100] Breach of contract? That's not so difficult
[01:10:08.100 --> 01:10:12.100] And if he gives you a ruling on breach of contract
[01:10:12.100 --> 01:10:17.100] He doesn't change the legal landscape as he knows it
[01:10:17.100 --> 01:10:23.100] This ruling goes specifically to the facts of this particular case
[01:10:23.100 --> 01:10:25.100] And won't affect any other cases
[01:10:25.100 --> 01:10:29.100] A lot easier to get the judge to give you a positive ruling
[01:10:29.100 --> 01:10:34.100] When his ruling won't affect 10,000 other cases
[01:10:34.100 --> 01:10:37.100] Does that make sense Jim?
[01:10:37.100 --> 01:10:41.100] Yeah, that's what I was hoping to hear
[01:10:41.100 --> 01:10:43.100] I'm looking for help
[01:10:43.100 --> 01:10:47.100] Yeah, I'm not saying don't go to securitization
[01:10:47.100 --> 01:10:50.100] But go to securitization last
[01:10:50.100 --> 01:10:54.100] Go pull all those documents in the public record
[01:10:54.100 --> 01:11:02.100] The court, the lenders over the last 15 years have made a horrible mess
[01:11:02.100 --> 01:11:08.100] And most of the time I don't have to go anywhere but the public record
[01:11:08.100 --> 01:11:12.100] And the documents that the lender tends to hold
[01:11:12.100 --> 01:11:16.100] I look in there and I found an incredible mess
[01:11:16.100 --> 01:11:18.100] I've got one right now
[01:11:18.100 --> 01:11:24.100] Where those morons filed in the record a notice of loss of assignment
[01:11:24.100 --> 01:11:26.100] Oh yeah, I'm down here in Louisiana
[01:11:26.100 --> 01:11:32.100] We have this big library down this secure vault down here
[01:11:32.100 --> 01:11:36.100] And I looked all through it and I can't find an assignment to us
[01:11:36.100 --> 01:11:42.100] But then he immediately makes an assignment from them to somebody else
[01:11:42.100 --> 01:11:47.100] I looked at that and said, are you kidding me?
[01:11:47.100 --> 01:11:50.100] Why on earth would you even file that?
[01:11:50.100 --> 01:11:54.100] What were you thinking?
[01:11:54.100 --> 01:11:57.100] There was a breach of title
[01:11:57.100 --> 01:12:00.100] And he waved it in our faces like a red flag
[01:12:00.100 --> 01:12:02.100] I'd have found it anyway
[01:12:02.100 --> 01:12:08.100] But he actually put a document in there stating that we don't have an assignment to us
[01:12:08.100 --> 01:12:12.100] I looked through all of our records and I can't find one
[01:12:12.100 --> 01:12:14.100] Duh!
[01:12:14.100 --> 01:12:21.100] This don't take a rocket scientist and it doesn't affect any other case but this one
[01:12:21.100 --> 01:12:26.100] You go in with a quiet title and ask the court
[01:12:26.100 --> 01:12:33.100] What I'd like to do is go in with declaratory judgment first
[01:12:33.100 --> 01:12:36.100] Don't go for the whole enchilada first
[01:12:36.100 --> 01:12:42.100] I want to go in with a quiet title action against a particular document
[01:12:42.100 --> 01:12:49.100] And get them to throw in all their stuff, all of their arguments, all of their issues
[01:12:49.100 --> 01:12:52.100] Now I know everything they've got even if they win this one
[01:12:52.100 --> 01:12:57.100] Because now I'm going to go after the next document in line
[01:12:57.100 --> 01:13:01.100] If you look at the public record and examine it carefully
[01:13:01.100 --> 01:13:08.100] Like today, I was looking through these and it took me a while for this to come out at me
[01:13:08.100 --> 01:13:15.100] That Bank of America NAA was the lender and Bank of America mortgage
[01:13:15.100 --> 01:13:19.100] Residential mortgage or whatever it was, was the one who did the transfer
[01:13:19.100 --> 01:13:23.100] You always find stuff like this
[01:13:23.100 --> 01:13:33.100] I find trustees selling the property and they're never appointed a substitute trustee
[01:13:33.100 --> 01:13:36.100] They say you can't challenge this document
[01:13:36.100 --> 01:13:43.100] What I can do is say this trustee here is trying to sell my property
[01:13:43.100 --> 01:13:47.100] But there's nothing in the record that's valid
[01:13:47.100 --> 01:13:51.100] That shows that this trustee has a right to sell my property
[01:13:51.100 --> 01:13:53.100] You might look at the code in California
[01:13:53.100 --> 01:13:56.100] We've got some great code in Texas
[01:13:56.100 --> 01:14:02.100] We have one code in Texas that specifically goes to fraudulent filings in the public record
[01:14:02.100 --> 01:14:05.100] This was done because of the Republic of Texas
[01:14:05.100 --> 01:14:10.100] People who were filing liens against the public officials
[01:14:10.100 --> 01:14:17.100] If someone files a document in the public record in Texas and it's fraudulent
[01:14:17.100 --> 01:14:20.100] And I said, do you notice that it's fraudulent?
[01:14:20.100 --> 01:14:26.100] You have 21 days to remove it. If you don't, it's felony
[01:14:26.100 --> 01:14:29.100] Let's dance, Bubba
[01:14:29.100 --> 01:14:32.100] I file a felony charge against you
[01:14:32.100 --> 01:14:35.100] And then I file a quiet title against the document
[01:14:35.100 --> 01:14:43.100] If you lose the fight, then the felony charge becomes restutica
[01:14:43.100 --> 01:14:47.100] Raise the stakes a little bit
[01:14:47.100 --> 01:14:52.100] In California, you're going to have a conversion statute
[01:14:52.100 --> 01:14:59.100] Conversion goes to theft of real property
[01:14:59.100 --> 01:15:11.100] Everywhere I look up, we have 132, the Theft Liability Practices Act
[01:15:11.100 --> 01:15:16.100] Conversion in Texas is no longer a crime
[01:15:16.100 --> 01:15:21.100] It's been moved over to the Theft Liability Practices Act
[01:15:21.100 --> 01:15:27.100] And the crime is felony theft, 31.02 penal code
[01:15:27.100 --> 01:15:34.100] Everywhere I see that conversion lawsuit, I see 31.02 attached to it
[01:15:34.100 --> 01:15:37.100] There's ways of raising the bar
[01:15:37.100 --> 01:15:40.100] And if you've been in this fight for a while, I'm going to suggest to you
[01:15:40.100 --> 01:15:43.100] In the end, you'll never win the fight
[01:15:43.100 --> 01:15:47.100] Not completely, not directly, not through the courts
[01:15:47.100 --> 01:15:50.100] Just like this judge that you had tossed
[01:15:50.100 --> 01:15:57.100] All of these judges, for the most part, are invested in the very securities that you're challenging
[01:15:57.100 --> 01:15:58.100] Correct
[01:15:58.100 --> 01:16:01.100] Good luck on that one
[01:16:01.100 --> 01:16:06.100] So what we need is a way out for the judges
[01:16:06.100 --> 01:16:11.100] And when we come back, I want to talk about the pro se from hell
[01:16:11.100 --> 01:16:16.100] How many bar grievances have you fought?
[01:16:16.100 --> 01:16:18.100] That took too long to answer
[01:16:18.100 --> 01:16:22.100] How many judiconda complaints have you filed?
[01:16:22.100 --> 01:16:23.100] None
[01:16:23.100 --> 01:16:29.100] Oh, you don't understand what it means to be a pro se
[01:16:29.100 --> 01:16:32.100] Judges hate pro se's
[01:16:32.100 --> 01:16:36.100] But they don't hate pro se's because they file student pleadings
[01:16:36.100 --> 01:16:43.100] They file pro se's because every once in a while they come across the pro se from hell
[01:16:43.100 --> 01:16:46.100] And we'll talk about the pro se from hell when we come back
[01:16:46.100 --> 01:16:50.100] You have powers and abilities lawyers do not have
[01:16:50.100 --> 01:16:53.100] Randy Kelton, Debbie Stevens, Rule of Law Radio, or call that number
[01:16:53.100 --> 01:16:59.100] 512-646-1984 or we'll be right back
[01:16:59.100 --> 01:17:05.100] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:17:49.100 --> 01:17:57.100] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
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[01:19:00.100 --> 01:19:07.100] This is the Logos Lafogos Radio Network
[01:19:07.100 --> 01:19:11.100] This is the Logos Lafogos Radio Network
[01:19:29.100 --> 01:19:31.100] Okay, we are back
[01:19:31.100 --> 01:19:37.100] Randy Kelton and Deborah Stevens, rule of law radio, and we're talking to Tim in California
[01:19:37.100 --> 01:19:43.100] And Tim, where I'm going is a paradigm shift
[01:19:43.100 --> 01:19:51.100] Over the years, I've helped about somewhere between six and seven hundred people file federal lawsuits
[01:19:51.100 --> 01:20:00.100] And we can keep the lenders at bay for four, five, seven, eight years
[01:20:00.100 --> 01:20:12.100] The guy we have in the Court of Appeals in California has held him off for six years on my first standing suit
[01:20:12.100 --> 01:20:17.100] That's just the first suit just to get their attention, and he's been seven years on that one
[01:20:17.100 --> 01:20:20.100] So we can hold him off for a really long time
[01:20:20.100 --> 01:20:22.100] So it's a great remedy
[01:20:22.100 --> 01:20:26.100] Well, it appeared to be a great remedy, turned out to be a horrible remedy
[01:20:26.100 --> 01:20:33.100] Because ninety-five percent of the people that we help file lawsuits just couldn't take the stress and then walked away
[01:20:33.100 --> 01:20:37.100] So it turned out to be a horrible remedy
[01:20:37.100 --> 01:20:39.100] So I had to back up from it
[01:20:39.100 --> 01:20:43.100] One thing is we never win at the end
[01:20:43.100 --> 01:20:46.100] The courts are corrupt, absolutely corrupt
[01:20:46.100 --> 01:20:53.100] And I had to back up and look at how can we carve a remedy out of this mess
[01:20:53.100 --> 01:21:01.100] And it becomes clear that the only way to carve out a remedy is to make a deal
[01:21:01.100 --> 01:21:11.100] The problem I had for a long time is I tried to structure suits and claims in order to win the whole enchilada
[01:21:11.100 --> 01:21:16.100] It took a long time for me to realize you're not going to win the whole enchilada
[01:21:16.100 --> 01:21:19.100] So let's back up and look at it different
[01:21:19.100 --> 01:21:23.100] Now I'm looking at it in terms of money
[01:21:23.100 --> 01:21:25.100] It's all about the money
[01:21:25.100 --> 01:21:27.100] It's never about the law
[01:21:27.100 --> 01:21:30.100] You'll never win your case simply because you have the law and the facts on your side
[01:21:30.100 --> 01:21:33.100] To think so is naive
[01:21:33.100 --> 01:21:37.100] You'll only win your case if you have the politics on your side
[01:21:37.100 --> 01:21:40.100] And all politics is local
[01:21:40.100 --> 01:21:45.100] So when we were going out, I spoke to the pro se from hell
[01:21:45.100 --> 01:21:47.100] That's about politics
[01:21:47.100 --> 01:21:51.100] And all politics is driven by money
[01:21:51.100 --> 01:21:53.100] In the end, it's all about the money
[01:21:53.100 --> 01:22:07.100] So how can we develop valid, viable claims that's going to give the other side a major headache trying to adjudicate?
[01:22:07.100 --> 01:22:10.100] It's all about money calculation
[01:22:10.100 --> 01:22:19.100] How can I bring something in front of the opposing party that's going to make it look like win, lose, or draw
[01:22:19.100 --> 01:22:26.100] This guy's going to cost me a fortune in adjudication costs and lawyer fees
[01:22:26.100 --> 01:22:32.100] And the courts almost never grant attorney fees in these cases
[01:22:32.100 --> 01:22:35.100] So they're not going to get their money back
[01:22:35.100 --> 01:22:38.100] We have people trying to do short sales
[01:22:38.100 --> 01:22:41.100] And they go to the bank, they go to the asset manager
[01:22:41.100 --> 01:22:46.100] And they say, hey, we want you to forego some of your profits
[01:22:46.100 --> 01:22:49.100] Now the asset manager may want to do that
[01:22:49.100 --> 01:22:53.100] Because he wants his properties off his inventory so he'll have to take care of them
[01:22:53.100 --> 01:23:02.100] So he's going to go to his boss and ask his boss to knock some of the profit off of this note so we can get this property moved
[01:23:02.100 --> 01:23:07.100] Well, the boss is going to say, hey man, we have a right to that property
[01:23:07.100 --> 01:23:11.100] And I've got mine, the investors in the bank to consider
[01:23:11.100 --> 01:23:15.100] I can't just throw away money, I've got to be able to justify it
[01:23:15.100 --> 01:23:23.100] So what are you bringing me as a calculation so I can justify cutting your deal?
[01:23:23.100 --> 01:23:26.100] Well, the guy just sued the crap out of us
[01:23:26.100 --> 01:23:31.100] And now it's going to cost us $15 jillion in attorney fees to fight this no good rascal
[01:23:31.100 --> 01:23:33.100] He just bar grieved our attorneys and they quit
[01:23:33.100 --> 01:23:38.100] Now the next one wants $100 an hour more because their insurance rates are going up
[01:23:38.100 --> 01:23:41.100] And he bar grieved and he did us a conduct complaint
[01:23:41.100 --> 01:23:44.100] The judge is PO'd at us because we're dealing with this guy
[01:23:44.100 --> 01:23:47.100] We need to get rid of him
[01:23:47.100 --> 01:23:50.100] It's all about the politics
[01:23:50.100 --> 01:24:09.100] So what are the claims that you can make that on the surface are the easiest to wrap your head around and sound good?
[01:24:09.100 --> 01:24:17.100] Like I go to the court and say, your honor, I have this company, Bank of America Home Mortgage
[01:24:17.100 --> 01:24:21.100] And they did an assignment of this security instrument
[01:24:21.100 --> 01:24:30.100] But there's nothing in the record to show that Bank of America Home Mortgage is ever had to ever own this note
[01:24:30.100 --> 01:24:37.100] And the other side's going to say, well, Bank of America Home Mortgage is a wholly owned subsidiary of Bank of America NA
[01:24:37.100 --> 01:24:39.100] Well that may be
[01:24:39.100 --> 01:24:47.100] But according to the case law, Bank of America Home Mortgage is not Bank of America NA
[01:24:47.100 --> 01:24:53.100] And we have exactly that case on Chase and Chase Home Mortgage
[01:24:53.100 --> 01:24:56.100] It's exactly what the court said
[01:24:56.100 --> 01:25:02.100] Chase Home Mortgage is a wholly owned subsidiary of Chase Bank, but it is not Chase Bank
[01:25:02.100 --> 01:25:09.100] So Judge, you need to strike this assignment of security instrument
[01:25:09.100 --> 01:25:17.100] But now we want to know how Bank of America Home Mortgage got this thing
[01:25:17.100 --> 01:25:24.100] Without it being reported the way Covenant 16 requires it to be
[01:25:24.100 --> 01:25:31.100] Now you have this bank here come and want to foreclose based on a covenant of the contractor claiming we breached
[01:25:31.100 --> 01:25:35.100] When they had already breached a covenant of the contractor
[01:25:35.100 --> 01:25:37.100] We're not saying we don't owe money
[01:25:37.100 --> 01:25:43.100] We're saying that they can't use this vehicle to collect that money
[01:25:43.100 --> 01:25:47.100] They breached the contract and thereby repudiated it
[01:25:47.100 --> 01:25:51.100] So they could come into this court and claim the privileges granted in it
[01:25:51.100 --> 01:25:55.100] That's not a hard concept to wrap their head around
[01:25:55.100 --> 01:26:01.100] And they're going to look at it and they're going to say, well, we're going to file a suit
[01:26:01.100 --> 01:26:06.100] We're going to file an answer, an opposition and motion to dismiss
[01:26:06.100 --> 01:26:10.100] They're going to keep us in court for the next five, six years
[01:26:10.100 --> 01:26:13.100] And we'll tell them, we're going to lease the property out
[01:26:13.100 --> 01:26:16.100] We're going to make a lot of money on it
[01:26:16.100 --> 01:26:18.100] So take your time
[01:26:18.100 --> 01:26:26.100] But if you don't want to spend all these lawyer fees, let's make a deal
[01:26:26.100 --> 01:26:31.100] What will you sell me that property for?
[01:26:31.100 --> 01:26:39.100] I have a lawyer that what we're doing here in the Dallas Fort Worth area is people who are facing foreclosure
[01:26:39.100 --> 01:26:42.100] We get them to write us a power returning
[01:26:42.100 --> 01:26:45.100] The first thing I do is file my qualified written request
[01:26:45.100 --> 01:26:47.100] I asked you about one earlier
[01:26:47.100 --> 01:26:55.100] You want to file a qualified written request and claim all the amounts on the HUD 1 settlement statement as fraudulent
[01:26:55.100 --> 01:27:03.100] Because at closing, the lender didn't provide you with documentation to show that those fees that were charged on the HUD 1
[01:27:03.100 --> 01:27:06.100] Were not otherwise forbidden to be charged by law
[01:27:06.100 --> 01:27:09.100] That they were for services actually rendered
[01:27:09.100 --> 01:27:11.100] That the amounts charged were reasonable
[01:27:11.100 --> 01:27:18.100] That the vendors were qualified vendors and not the fund companies for your fiduciaries
[01:27:18.100 --> 01:27:22.100] And that the lender did not take an undisclosed markup on the amounts charged
[01:27:22.100 --> 01:27:26.100] This is all right out of the Truth in Lending Act
[01:27:26.100 --> 01:27:30.100] So they're all bogus
[01:27:30.100 --> 01:27:35.100] And we file a qualified written request claiming that all these fees are fraudulent
[01:27:35.100 --> 01:27:41.100] And they're being improperly charged on the note and asked them to correct it
[01:27:41.100 --> 01:27:49.100] And then we demand that they produce the original security instrument for the original note for inspection
[01:27:49.100 --> 01:27:56.100] And we dispute all the debt
[01:27:56.100 --> 01:28:01.100] And then we put in about 25 pages of discovery
[01:28:01.100 --> 01:28:07.100] And they would read that discovery and say, this is Guy Riz, this is Guy Riz, I don't have to answer this crap all along, blah, blah, blah
[01:28:07.100 --> 01:28:12.100] The very last paragraph says
[01:28:12.100 --> 01:28:21.100] If you fail within the specified 30 days as law under my law to properly validate this debt such that
[01:28:21.100 --> 01:28:28.100] I can make a complete and proper calculation of the amount owed to the bank
[01:28:28.100 --> 01:28:32.100] Consider this document as a notice of rescission
[01:28:32.100 --> 01:28:35.100] They never read it
[01:28:35.100 --> 01:28:41.100] They go through 25 pages of this trash discovery that they don't have to respond to
[01:28:41.100 --> 01:28:44.100] They never read that last one
[01:28:44.100 --> 01:28:47.100] You wait your 30 days, now they got 20 days
[01:28:47.100 --> 01:28:54.100] They got 20 days under Jasinowski to either start the rescission process
[01:28:54.100 --> 01:28:57.100] Or file an opposition in the federal court
[01:28:57.100 --> 01:29:05.100] If they fail to do either, then the borrower may retain the property with no further obligation
[01:29:05.100 --> 01:29:10.100] We wait that 20 days and then bang, we hit them with a quiet title action
[01:29:10.100 --> 01:29:20.100] Claiming that under Jasinowski that on rescission the note and the deed of trust is void
[01:29:20.100 --> 01:29:23.100] And ask the court to rule that the note and deed of trust is void
[01:29:23.100 --> 01:29:27.100] That's all we ask for in the quiet title
[01:29:27.100 --> 01:29:33.100] No damages, damages will ruin everything, they'll screw you if you ask for damages
[01:29:33.100 --> 01:29:35.100] So you hit them with a quiet title
[01:29:35.100 --> 01:29:38.100] And then they're going to come to court
[01:29:38.100 --> 01:29:41.100] They're going to talk to you then
[01:29:41.100 --> 01:29:46.100] What we told the last lawyer is, look, don't even bother to answer this suit
[01:29:46.100 --> 01:29:48.100] Well then why did you file it?
[01:29:48.100 --> 01:29:52.100] Well we just filed it so we could find out who to talk to
[01:29:52.100 --> 01:29:54.100] Hang on, we'll pick this up on the other side
[01:29:54.100 --> 01:29:56.100] Brandon Kelton, Wheelbar Radio
[01:29:56.100 --> 01:29:59.100] I'll call it number 512-646-1984
[01:29:59.100 --> 01:30:01.100] We'll be right back
[01:30:01.100 --> 01:30:07.100] A Virginia company has brainstormed a new idea to house aging relatives
[01:30:07.100 --> 01:30:10.100] A prefab cottage that fits in the backyard of a family's home
[01:30:10.100 --> 01:30:16.100] I'm Dr. Cameron Albrecht back to tell you about a great idea called Granny Ponds in a moment
[01:30:16.100 --> 01:30:18.100] Privacy is under attack
[01:30:18.100 --> 01:30:22.100] When you give up data about yourself, you'll never get it back again
[01:30:22.100 --> 01:30:27.100] And once your privacy is gone, you'll find your freedoms will start to vanish too
[01:30:27.100 --> 01:30:32.100] So protect your rights, say no to surveillance and keep your information to yourself
[01:30:32.100 --> 01:30:35.100] Privacy, it's worth hanging on to
[01:30:35.100 --> 01:30:38.100] This message is brought to you by StartPage.com
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[01:30:45.100 --> 01:30:49.100] For the elderly, moving into a nursing home can be devastating
[01:30:49.100 --> 01:30:52.100] But now a Virginia company is offering an alternative
[01:30:52.100 --> 01:30:56.100] Compact, high-tech cottages that fit in relatives' backyards
[01:30:56.100 --> 01:31:01.100] The company N2Care says its Granny Ponds are selling like hotcakes
[01:31:01.100 --> 01:31:05.100] These 280 square foot cottages have everything a hospital room does
[01:31:05.100 --> 01:31:11.100] Safety rails, lighted flooring, a defibrillator machine and electronics that monitor vital signs
[01:31:11.100 --> 01:31:17.100] The ponds can cost up to 125 grand and you have to get local zoning approval
[01:31:17.100 --> 01:31:22.100] But for elderly folks who want to keep family in their lives and still maintain their personal dignity
[01:31:22.100 --> 01:31:25.100] These prefab homes seem pretty fab to me
[01:31:25.100 --> 01:31:31.100] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine
[01:31:31.100 --> 01:31:36.100] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11
[01:31:36.100 --> 01:31:38.100] The government says the fire brought it down
[01:31:38.100 --> 01:31:43.100] However, 1,500 architects and engineers have concluded it was a controlled demolition
[01:31:43.100 --> 01:31:46.100] Over 6,000 of my fellow service members have given their lives
[01:31:46.100 --> 01:31:49.100] And thousands of my fellow first responders are dying
[01:31:49.100 --> 01:31:50.100] I'm not a conspiracy theorist
[01:31:50.100 --> 01:31:51.100] I'm a structural engineer
[01:31:51.100 --> 01:31:53.100] I'm a New York City correction officer
[01:31:53.100 --> 01:31:54.100] I'm an Air Force pilot
[01:31:54.100 --> 01:31:55.100] I'm a father who lost his son
[01:31:55.100 --> 01:31:58.100] We're Americans and we deserve the truth
[01:31:58.100 --> 01:32:11.100] Go to RememberBuilding7.org today
[01:32:29.100 --> 01:32:32.100] to handle your claim and your roof right the first time
[01:32:32.100 --> 01:32:39.100] Just call 512-992-8745 or go to hillcountryhomeimprovements.com
[01:32:39.100 --> 01:32:41.100] Mention the crypto show and get $100 off
[01:32:41.100 --> 01:32:46.100] And we'll donate another $100 to the Logos Radio Network to help continue this programming
[01:32:46.100 --> 01:32:51.100] So if those out of town roofers come knocking, your door should be locking
[01:32:51.100 --> 01:32:57.100] That's 512-992-8745 or hillcountryhomeimprovements.com
[01:32:57.100 --> 01:32:59.100] Discounts are based on full roof replacement
[01:32:59.100 --> 01:33:02.100] Me and I actually be kidding about chemtrails
[01:33:02.100 --> 01:33:05.100] You are listening to the Logos Radio Network
[01:33:05.100 --> 01:33:12.100] logosradionetwork.com
[01:33:12.100 --> 01:33:27.100] Yeah, who you want to chip? Who you take me for? Free Tony?
[01:33:27.100 --> 01:33:29.100] And then when you go computer reading
[01:33:29.100 --> 01:33:31.100] You can't hide me from nobody
[01:33:31.100 --> 01:33:34.100] When you say, chip in on your mom, chip in on your daddy
[01:33:34.100 --> 01:33:36.100] Chip in on your grandpa and the granny
[01:33:36.100 --> 01:33:39.100] Chip in on me, chip in on your baby
[01:33:39.100 --> 01:33:42.100] Chip in on your family, whole family
[01:33:42.100 --> 01:33:44.100] Chip in on your dad and the cat around me
[01:33:44.100 --> 01:33:46.100] Chip in on the beef and you still got EP
[01:33:46.100 --> 01:33:49.100] Chip in on the fish, them all in the sea
[01:33:49.100 --> 01:33:51.100] Chip in on the shark and the whale around me
[01:33:51.100 --> 01:33:53.100] You see mankind going chip crazy
[01:33:53.100 --> 01:33:56.100] They're the kind of thing man, they want to be
[01:33:56.100 --> 01:33:58.100] Social security, they could tell me
[01:33:58.100 --> 01:34:02.100] Okay, we are back, Randy Kelton, Debra Stevens, Rule of Law Radio
[01:34:02.100 --> 01:34:06.100] And I'm moving kind of quickly here, Tim, because there's a whole lot of information
[01:34:06.100 --> 01:34:10.100] Might be better if you call back tomorrow night when we've got four hours
[01:34:10.100 --> 01:34:12.100] But we're talking about a whole different paradigm
[01:34:12.100 --> 01:34:21.100] You as a pro se, you can do things that the lawyers can't
[01:34:21.100 --> 01:34:24.100] You can sting that lawyer every time he turns around
[01:34:24.100 --> 01:34:27.100] You file a bar grievance against that lawyer
[01:34:27.100 --> 01:34:31.100] And the state bar is going to get that grievance and they're going to throw it in the trash
[01:34:31.100 --> 01:34:34.100] But it sends you this letter, it says, we examined in your accusation
[01:34:34.100 --> 01:34:37.100] Find it does not rise to the level of misconduct
[01:34:37.100 --> 01:34:39.100] And that's a good thing
[01:34:39.100 --> 01:34:42.100] Because his insurance carrier knows they're going to do that
[01:34:42.100 --> 01:34:44.100] So how do they gauge their level of risk?
[01:34:44.100 --> 01:34:46.100] By valid bar grievances?
[01:34:46.100 --> 01:34:48.100] They can throw them all in the trash
[01:34:48.100 --> 01:34:50.100] By the numbers
[01:34:50.100 --> 01:34:53.100] One bar grievance first year in practice to cancel immediately
[01:34:53.100 --> 01:34:56.100] Two bar grievances any one year they cancel
[01:34:56.100 --> 01:34:59.100] Three, they'll cancel your law firm's malpractice insurance
[01:34:59.100 --> 01:35:03.100] Makes lawyers absolutely crazy
[01:35:03.100 --> 01:35:07.100] And if they say one word to you about that bar grievance
[01:35:07.100 --> 01:35:10.100] You file a grievance against them for that
[01:35:10.100 --> 01:35:13.100] So you can kick them in their professional pants
[01:35:13.100 --> 01:35:16.100] And they can't do anything about it
[01:35:16.100 --> 01:35:18.100] Lawyers don't grieve one another
[01:35:18.100 --> 01:35:20.100] Proceses can
[01:35:20.100 --> 01:35:23.100] Judicial conduct complaint against a judge makes them crazy
[01:35:23.100 --> 01:35:26.100] Raises their bond rating
[01:35:26.100 --> 01:35:29.100] If they're a federal judge, it's even worse
[01:35:29.100 --> 01:35:34.100] Because when it comes time for a appeals court appointment
[01:35:34.100 --> 01:35:38.100] They look around and they got 40 judges here
[01:35:38.100 --> 01:35:41.100] And all of them essentially the same record
[01:35:41.100 --> 01:35:45.100] This guy's been filed judicial conduct complaints on him four or five times
[01:35:45.100 --> 01:35:49.100] He must not be able to control his litigants
[01:35:49.100 --> 01:35:51.100] They need a reason to toss him out
[01:35:51.100 --> 01:35:55.100] Doesn't matter if the complaint is valid or not
[01:35:55.100 --> 01:35:57.100] Stings them good
[01:35:57.100 --> 01:36:01.100] Now, the judge can't do anything to you about that
[01:36:01.100 --> 01:36:04.100] And get over this nonsense of thinking the judge has to like you
[01:36:04.100 --> 01:36:06.100] He's not going to like you, he's going to screw you
[01:36:06.100 --> 01:36:08.100] Even if he does like you
[01:36:08.100 --> 01:36:10.100] He's going to screw you no matter what
[01:36:10.100 --> 01:36:13.100] Because there's big money on the other side
[01:36:13.100 --> 01:36:18.100] So what you can do is get him so annoyed at you
[01:36:18.100 --> 01:36:21.100] But he can't get at you that he goes to the lawyer on the other side
[01:36:21.100 --> 01:36:26.100] And tells the lawyer, get this guy off my case or I'm going to kick your behind
[01:36:26.100 --> 01:36:29.100] It's all about politics
[01:36:29.100 --> 01:36:32.100] We can spend more time on it tomorrow
[01:36:32.100 --> 01:36:36.100] But if we're going to beat these guys, if we're going to win
[01:36:36.100 --> 01:36:38.100] Well, I shouldn't say beat these guys
[01:36:38.100 --> 01:36:41.100] If we're going to win, if we're going to come away with remedy
[01:36:41.100 --> 01:36:45.100] And give them reason to do what they're doing right
[01:36:45.100 --> 01:36:47.100] We'll get in their pockets
[01:36:47.100 --> 01:36:51.100] And the way to do that is bring them to the table and make a deal
[01:36:51.100 --> 01:36:55.100] I know it sounds crappy and it sounds like we're giving up
[01:36:55.100 --> 01:37:00.100] No, I'm fine with that
[01:37:00.100 --> 01:37:02.100] I hear what you're saying, I agree
[01:37:02.100 --> 01:37:06.100] I've experienced enough to know that you're right
[01:37:06.100 --> 01:37:08.100] And it's a lot easier this way
[01:37:08.100 --> 01:37:14.100] We have a lawyer that she does not adjudicate any of our cases
[01:37:14.100 --> 01:37:17.100] All she does is negotiate with the other lawyers
[01:37:17.100 --> 01:37:20.100] The lawyers don't want to talk to you
[01:37:20.100 --> 01:37:23.100] They definitely don't want to make a deal with you
[01:37:23.100 --> 01:37:27.100] So you go in and beat them up, kick them around a bit
[01:37:27.100 --> 01:37:32.100] And then you bring in your lawyer specifically for the purpose of negotiating a deal
[01:37:32.100 --> 01:37:35.100] And that way, we have this lawyer
[01:37:35.100 --> 01:37:39.100] And I'm about to file an amended pleading on these lawyers
[01:37:39.100 --> 01:37:41.100] And they're going to have a fit
[01:37:41.100 --> 01:37:44.100] And my negotiating attorney is going to say
[01:37:44.100 --> 01:37:46.100] Man, I can't do anything about it
[01:37:46.100 --> 01:37:49.100] This guy's a real jerk
[01:37:49.100 --> 01:37:53.100] So I'm afraid he's going to bar-grieve me if I'm not careful
[01:37:53.100 --> 01:37:56.100] She gets paused with an liability
[01:37:56.100 --> 01:38:01.100] Come on, guys, do something so we can make this go away and we can all go home
[01:38:01.100 --> 01:38:04.100] It's all about making the deal
[01:38:04.100 --> 01:38:07.100] So I have one more caller, I need to get to him
[01:38:07.100 --> 01:38:12.100] But if you have time, call in tomorrow night and we'll go into this in more detail
[01:38:12.100 --> 01:38:18.100] It's a lot more fun when you go after them and make them dance
[01:38:18.100 --> 01:38:20.100] I like that
[01:38:20.100 --> 01:38:22.100] That's so good
[01:38:22.100 --> 01:38:28.100] Okay, give me a call tomorrow night and we'll go into this in a bit more detail
[01:38:28.100 --> 01:38:30.100] Okay, thank you, Tim
[01:38:30.100 --> 01:38:32.100] This is Randy Kelton, we have our radio
[01:38:32.100 --> 01:38:34.100] We're going to David in Texas
[01:38:34.100 --> 01:38:36.100] Hello, David
[01:38:36.100 --> 01:38:38.100] Hi, Randy
[01:38:38.100 --> 01:38:40.100] How do you?
[01:38:40.100 --> 01:38:42.100] Good
[01:38:42.100 --> 01:38:43.100] Thanks, Harry
[01:38:43.100 --> 01:38:47.100] I'm calling with the same thing about the last caller
[01:38:47.100 --> 01:38:52.100] My case in Texas, it was a DWI
[01:38:52.100 --> 01:38:58.100] My lawyer was able to put it down to obstruction of traffic
[01:38:58.100 --> 01:39:03.100] And the obstruction of traffic thing started two years ago, it's still going on
[01:39:03.100 --> 01:39:12.100] And I'm trying to see, right now they got me on one of those home breathalyzer things
[01:39:12.100 --> 01:39:19.100] Okay, so you've already been through the case and your lawyers are already throwing you under the bus
[01:39:19.100 --> 01:39:24.100] Yes, and I got another date
[01:39:24.100 --> 01:39:26.100] He's trying to avoid jail time
[01:39:26.100 --> 01:39:34.100] And I'm trying to avoid, I just want to get the judge to just drop this whole thing and I'm one of your advice
[01:39:34.100 --> 01:39:41.100] Okay, in order to do that, have you read the specific statute that you're charged with?
[01:39:41.100 --> 01:39:45.100] Not yet
[01:39:45.100 --> 01:39:49.100] You really need to read that statute
[01:39:49.100 --> 01:39:54.100] And look at every one of the elements of the crime
[01:39:54.100 --> 01:39:57.100] And make sure they have all of the elements of the crime
[01:39:57.100 --> 01:40:04.100] And then look at due process, have you, are you familiar with jurisimprudence.com?
[01:40:04.100 --> 01:40:05.100] No
[01:40:05.100 --> 01:40:18.100] Okay, go to jurisimprudence, that's J-U-R-I-S, I-M-P-R-U-D-E-N-C-E.com
[01:40:18.100 --> 01:40:20.100] That's one of my websites
[01:40:20.100 --> 01:40:26.100] And on there, I've got a bunch of frogs on there because I call this the frog farm conspiracy
[01:40:26.100 --> 01:40:39.100] Top frog on the left goes to a writ of habeas corpus I wrote for a kid in Williamson County, not Williamson County, in Conroe
[01:40:39.100 --> 01:40:41.100] I forget the county
[01:40:41.100 --> 01:40:44.100] Anyway, Montgomery County
[01:40:44.100 --> 01:40:48.100] But it tracks due process
[01:40:48.100 --> 01:40:59.100] In your case, they violated at least, well they committed at least 19 criminal acts against you
[01:40:59.100 --> 01:41:05.100] And I can say that with confidence because they do it every time they arrest somebody
[01:41:05.100 --> 01:41:11.100] The practices and the procedures that they use are illegal
[01:41:11.100 --> 01:41:26.100] So if you're already been, if the case has already been adjudicated, so have you made a deal and you're, or are you still in the process of adjudicating the case?
[01:41:26.100 --> 01:41:31.100] Still in the process, originally they were going to give me two years probation
[01:41:31.100 --> 01:41:34.100] Okay, is this your first offense?
[01:41:34.100 --> 01:41:37.100] Yes
[01:41:37.100 --> 01:41:41.100] Okay, then look at due process
[01:41:41.100 --> 01:41:52.100] Can you understand that the prosecutor has got a whole stack of cases on his desk and he needs to get rid of them
[01:41:52.100 --> 01:41:55.100] You have a lawyer, is it a court appointed counsel?
[01:41:55.100 --> 01:41:57.100] No
[01:41:57.100 --> 01:42:01.100] Okay, good, you got a lawyer, you pay this lawyer
[01:42:01.100 --> 01:42:05.100] And very likely the lawyer's not doing his job
[01:42:05.100 --> 01:42:06.100] Right
[01:42:06.100 --> 01:42:09.100] Yeah, there's a good reason he's not doing his job
[01:42:09.100 --> 01:42:12.100] Because he's a lawyer
[01:42:12.100 --> 01:42:17.100] And lawyers are terrified of judges
[01:42:17.100 --> 01:42:23.100] All these lawyers who defend DUIs, they do the same thing
[01:42:23.100 --> 01:42:31.100] Primarily it's the law, it's the lawyer's job to ensure you don't have anything you can appeal with
[01:42:31.100 --> 01:42:38.100] And what he's going to do, he's going to take your money and then he's going to do this little song and dance, sells her down your pants
[01:42:38.100 --> 01:42:41.100] They've got this set of motions that they file
[01:42:41.100 --> 01:42:45.100] And then the prosecutor comes in and argues against the motions
[01:42:45.100 --> 01:42:50.100] They argue back and forth and it sounds like he's really working in your favor
[01:42:50.100 --> 01:42:54.100] What you don't know is that is a dance they're doing
[01:42:54.100 --> 01:42:58.100] He's probably filed this motion 500 times
[01:42:58.100 --> 01:43:03.100] He's probably had this same back and forth with the prosecutor 500 times
[01:43:03.100 --> 01:43:11.100] The prosecutor needs to allow the lawyer to look like he's doing something to earn what he's being paid
[01:43:11.100 --> 01:43:16.100] Once they do this little dance back and forth and the lawyer's used up all the money you gave him
[01:43:16.100 --> 01:43:20.100] He's going to toss you right under the bus
[01:43:20.100 --> 01:43:25.100] Unless you can give him plausible deniability
[01:43:25.100 --> 01:43:30.100] And we'll talk about plausible deniability when we come back on the other side
[01:43:30.100 --> 01:43:38.100] This is Randy Kelton, Deborah Stevens, and we will call our call in number 512-646-1984
[01:43:38.100 --> 01:43:46.100] And during the break go to logosradionetwork.com and have a look at our current fundraiser
[01:43:46.100 --> 01:43:51.100] We've got some drawings there, 25 bucks to get your name in the drawing
[01:43:51.100 --> 01:43:55.100] We'll need all the help we can get and we'll be right back
[01:44:00.100 --> 01:44:04.100] You feel tired when talking about important topics like money and politics?
[01:44:04.100 --> 01:44:05.100] Sorry!
[01:44:05.100 --> 01:44:08.100] Are you confused by words like the Constitution or the Federal Reserve?
[01:44:08.100 --> 01:44:09.100] What?
[01:44:09.100 --> 01:44:13.100] If so you may be diagnosed with the deadliest disease known today, stupidity
[01:44:13.100 --> 01:44:19.100] Hi, my name is Steve Holt and like millions of other Americans I was diagnosed with stupidity at an early age
[01:44:19.100 --> 01:44:25.100] I had no idea that the number one cause of the disease is found in almost every home in America, the television
[01:44:25.100 --> 01:44:30.100] Unfortunately that puts most Americans at risk of catching stupidity, but there is hope
[01:44:30.100 --> 01:44:36.100] The staff at Brave New Books have helped me and thousands of other foxaholics suffering from sports zombieism recover
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[01:44:43.100 --> 01:44:54.100] So if you or anybody you know suffers from stupidity then you need to call 512-480-2503 or visit them in 1904 Guadalupe or bravenewbookstore.com
[01:44:54.100 --> 01:45:00.100] Side effects from using Brave New Books products may include discernment and enlarged vocabulary and an overall increase in mental functioning
[01:45:00.100 --> 01:45:03.100] Are you the plaintiff or defendant in a lawsuit?
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[01:46:22.100 --> 01:46:35.100] Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio and we're talking to David in Texas
[01:46:35.100 --> 01:46:42.100] Okay, the last case I had in Travis County
[01:46:42.100 --> 01:46:47.100] They dismissed the case to protect my lawyer from me
[01:46:47.100 --> 01:46:55.100] So I suggest you go to jurisdictionary.com and read that habeas corpus
[01:46:55.100 --> 01:47:01.100] Read it twice, it walks right down all the procedures they're supposed to take
[01:47:01.100 --> 01:47:08.100] Has nothing to do with DUI, has to do with everything that happens after arrest
[01:47:08.100 --> 01:47:16.100] Then you can contact me, I have a bunch of motions associated with all of that
[01:47:16.100 --> 01:47:18.100] I can send them to you
[01:47:18.100 --> 01:47:24.100] And then you take them, give them to your lawyer and insist that your lawyer file them in your behalf
[01:47:24.100 --> 01:47:29.100] And when he refuses to, then you file a bar grievance against him
[01:47:29.100 --> 01:47:37.100] And when you file a bar grievance against him, he's going to file with the court asking the court to remove him from the case
[01:47:37.100 --> 01:47:43.100] And then you go in and file an objection to the court removing him from the case
[01:47:43.100 --> 01:47:48.100] And the court's almost certainly going to remove him from the case
[01:47:48.100 --> 01:47:53.100] Now you go back to the court and demand counsel of choice
[01:47:53.100 --> 01:47:58.100] This is something that's in law and they all know about it, but they don't run into it often
[01:47:58.100 --> 01:48:04.100] You have a right to counsel of your choice and you have counsel and you paid counsel
[01:48:04.100 --> 01:48:11.100] And I suspect the counsel's at the point where he's about to ask you for a bunch more money
[01:48:11.100 --> 01:48:16.100] But even if you give him more money, he's going to throw you under the bus
[01:48:16.100 --> 01:48:19.100] So now's a good time to sting him
[01:48:19.100 --> 01:48:25.100] You bar grieve him, he's going to try to get removed and you object to the removal
[01:48:25.100 --> 01:48:28.100] We just had one in the federal court in bankruptcy
[01:48:28.100 --> 01:48:34.100] Where they bar grieve the lawyer twice because he wouldn't file documents
[01:48:34.100 --> 01:48:36.100] They filed the documents themselves
[01:48:36.100 --> 01:48:41.100] The lawyer filed a motion to withdraw
[01:48:41.100 --> 01:48:47.100] And the client came in and she took construction well and objected to the withdrawal
[01:48:47.100 --> 01:48:53.100] And it got real interesting and the judge finally told the lawyer, counselor
[01:48:53.100 --> 01:48:57.100] You're going to have to work this out with your client
[01:48:57.100 --> 01:49:02.100] She doesn't agree to your withdrawing and I can't remove him
[01:49:02.100 --> 01:49:10.100] So about the only way the judge can allow the lawyer to withdraw is if you agree
[01:49:10.100 --> 01:49:18.100] So if he allows the lawyer to withdraw, now you have a right to counsel of choice
[01:49:18.100 --> 01:49:25.100] You go find the most expensive lawyer in town and demand that they appoint that lawyer
[01:49:25.100 --> 01:49:28.100] Appoint the lawyer?
[01:49:28.100 --> 01:49:30.100] Pardon me?
[01:49:30.100 --> 01:49:36.100] They may actually appoint him because they've done that before
[01:49:36.100 --> 01:49:39.100] They know the problem
[01:49:39.100 --> 01:49:45.100] And if you bar grieve the last one, whoever they appoint is going to know that you bar grieve the last one
[01:49:45.100 --> 01:49:57.100] And mostly what you get in these kind of cases in criminal is you get the lawyers who are kind of either new in business or aren't doing so well
[01:49:57.100 --> 01:50:05.100] You bar grieve them, their malpractice insurance starts between 25 and 40 grand a year
[01:50:05.100 --> 01:50:09.100] It's going to double immediately if they don't get it counseled
[01:50:09.100 --> 01:50:13.100] Bar grieves make them crazy
[01:50:13.100 --> 01:50:18.100] And then as they try to get removed and you fight removal and they can't get removed, now they're in a spot
[01:50:18.100 --> 01:50:22.100] This is how I got my last one thrown out
[01:50:22.100 --> 01:50:28.100] They appointed me counsel, I didn't ask for them, they called me in for a hearing and I asked the judge
[01:50:28.100 --> 01:50:31.100] I told the judge I got this notice to be here but he didn't tell me why
[01:50:31.100 --> 01:50:34.100] So well we need to see if you had a lawyer
[01:50:34.100 --> 01:50:38.100] Well your honor, I got 28.01 Texas Court of Criminal Procedure
[01:50:38.100 --> 01:50:43.100] List all those things you can order me to court for to see if I have a lawyer and not one of them
[01:50:43.100 --> 01:50:46.100] So we started out on a good note
[01:50:46.100 --> 01:50:50.100] But this was Ron Earl's daughter so I figured she was good and political
[01:50:50.100 --> 01:50:53.100] I wouldn't get a more political judge so I figured that was good
[01:50:53.100 --> 01:50:58.100] So I backed off from her, she said well Mr. Kelly we didn't know if you have counsel, do you have an attorney?
[01:50:58.100 --> 01:50:59.100] No I don't
[01:50:59.100 --> 01:51:01.100] Are you going to hire one? Nope
[01:51:01.100 --> 01:51:03.100] Would you like me to appoint one? I don't care what you do
[01:51:03.100 --> 01:51:06.100] Well Mr. Kelly I'm going to appoint you counsel
[01:51:06.100 --> 01:51:11.100] Well if you do judge, make sure you appoint one you really don't like
[01:51:11.100 --> 01:51:14.100] And she kind of laughed and said well we have an attorney wheel, you just get the next one
[01:51:14.100 --> 01:51:16.100] So you're off the hook, yes I am
[01:51:16.100 --> 01:51:19.100] They appointed me counsel, we go in this room
[01:51:19.100 --> 01:51:22.100] He starts telling me this is how things are going to go
[01:51:22.100 --> 01:51:28.100] And I let him rattle on a minute and then I stopped him and I said no no no no that's not how it's going to go
[01:51:28.100 --> 01:51:31.100] This is how it's going to go
[01:51:31.100 --> 01:51:35.100] You're going to go to the court and ask the court to remove you from this case
[01:51:35.100 --> 01:51:39.100] And I'm going to go to the court and tell them don't you dare remove him from this case
[01:51:39.100 --> 01:51:42.100] He's my counsel of choice and the judge is going to remove you from the case
[01:51:42.100 --> 01:51:44.100] And he said yes he would
[01:51:44.100 --> 01:51:48.100] Then I get to sue the judge for interfering with the private contract
[01:51:48.100 --> 01:51:52.100] He said well Mr. Kelton I'm not under contract with you, I'm under contract with the state
[01:51:52.100 --> 01:51:57.100] I said yes you are but I'm in the third party of the judiciary and I have standing on the contract
[01:51:57.100 --> 01:52:01.100] He said back with this look on his face
[01:52:01.100 --> 01:52:05.100] He's going to give me this board
[01:52:05.100 --> 01:52:10.100] We were in court, I'm back in the gallery
[01:52:10.100 --> 01:52:14.100] Standing by the bar and he's up at the bench with the judge and prosecutor
[01:52:14.100 --> 01:52:19.100] He come over to me and he said prosecutor said he knows who you are and if you start filing criminal charges
[01:52:19.100 --> 01:52:21.100] He's going to charge you with tampering the government document
[01:52:21.100 --> 01:52:25.100] And I look over at her and I said she said that bitch, she said yes she did
[01:52:25.100 --> 01:52:30.100] So you get over here, I got about 30 of them, I pull a big stack out of my case
[01:52:30.100 --> 01:52:35.100] I need her to verify these in accordance with her duty under article 2.06 code of criminal procedure
[01:52:35.100 --> 01:52:38.100] And I pointed at her, you get over here
[01:52:38.100 --> 01:52:43.100] And I turned to my lawyer and handed them to him and he held up both hands with his palms out
[01:52:43.100 --> 01:52:47.100] I'm not going to touch them, I'm not going to touch them, take them you chicken
[01:52:47.100 --> 01:52:57.100] Well the judge, he recessed for lunch and while we were out to lunch they dismissed my case
[01:52:57.100 --> 01:53:02.100] He dismissed my case to protect my lawyer from me
[01:53:02.100 --> 01:53:07.100] I put on that show in front of the judge and it told the judge I wouldn't least be worried about him
[01:53:07.100 --> 01:53:13.100] I certainly wasn't worried about the prosecutor and I was fixing to crucify my lawyer
[01:53:13.100 --> 01:53:20.100] So now the lawyer has plausible deniability, now he can do his job
[01:53:20.100 --> 01:53:26.100] If he tries to do his job without plausible deniability he's not going to get appointed anymore
[01:53:26.100 --> 01:53:33.100] Cases, he's going to get the judges ruling against his next client, he's going to get screwed
[01:53:33.100 --> 01:53:38.100] Lawyers can't go in there and actively adjudicate your case
[01:53:38.100 --> 01:53:41.100] They're in business to make money
[01:53:41.100 --> 01:53:48.100] And if they actively adjudicate your case the courts are going to beat him up big time
[01:53:48.100 --> 01:53:54.100] The only way he can actively adjudicate your case is if you give him plausible deniability
[01:53:54.100 --> 01:54:04.100] Where he can and you would think well if they get mad at me they'll gang up on me, no no they don't have time for that crap over
[01:54:04.100 --> 01:54:13.100] They got too many cases to get through, they don't have time to gang up on somebody, it costs them way too much money
[01:54:13.100 --> 01:54:20.100] So if you look like you're going to give them a good fight and you're going to cost them a lot
[01:54:20.100 --> 01:54:27.100] Then we say well you know guys let's make a deal here
[01:54:27.100 --> 01:54:34.100] First offense, reduce this thing to public intox
[01:54:34.100 --> 01:54:37.100] Give me a couple months probation, let's go home
[01:54:37.100 --> 01:54:39.100] Can I say something?
[01:54:39.100 --> 01:54:40.100] Yes
[01:54:40.100 --> 01:54:47.100] Because the DWI case is gone, he already pleaded it down to obstructing the traffic
[01:54:47.100 --> 01:54:54.100] And now we're in the middle of an obstruction of traffic case
[01:54:54.100 --> 01:55:01.100] Obstruction of traffic, what is that? Is that a misdemeanor?
[01:55:01.100 --> 01:55:06.100] Yes and I'm still messing with it two years later
[01:55:06.100 --> 01:55:13.100] They tried to give me two years probation but my lawyer said look he told me David you don't want to do two years probation
[01:55:13.100 --> 01:55:19.100] And he advised me don't go to probation, we'll get a warrant for your arrest, we'll come back and stand before the judge
[01:55:19.100 --> 01:55:25.100] And we'll ask if you could just pick up trash for a couple weeks
[01:55:25.100 --> 01:55:27.100] Are you following me?
[01:55:27.100 --> 01:55:35.100] Yeah, so they're going to give you, the lawyer is saying you should do community service instead of the probation
[01:55:35.100 --> 01:55:46.100] And then the prosecutor just harassed me with this home breath test thing they got to do every seven hours
[01:55:46.100 --> 01:55:49.100] And I got to pay for it, I got to do it for a month
[01:55:49.100 --> 01:55:55.100] And all that just to look good on paper so he can come in front of the judge
[01:55:55.100 --> 01:56:03.100] Look judge, we've done everything you've asked, can we just forget the two years probation, can we forget jail time?
[01:56:03.100 --> 01:56:12.100] And can we make a deal? Does that sound something?
[01:56:12.100 --> 01:56:17.100] In this case I wouldn't bargrieve your attorney
[01:56:17.100 --> 01:56:24.100] Right and I was about to say that's why I wanted to stop you, I really don't want to bother the attorney
[01:56:24.100 --> 01:56:27.100] It sounds like he's actually worked well in your case
[01:56:27.100 --> 01:56:35.100] Right and in my case this is the judge, the last time I was in front of him, the judge acted all wishy washy
[01:56:35.100 --> 01:56:40.100] You know how they act, well it depends on how I fare that day what I'm going to give them
[01:56:40.100 --> 01:56:47.100] So my question is this has been going on, this obstruction of traffic case has been going on for two years
[01:56:47.100 --> 01:56:54.100] What can I do? Is that too long? Is the judge taking his time?
[01:56:54.100 --> 01:57:03.100] I'm going to suggest with the seriousness of a DUI charge, be patient
[01:57:03.100 --> 01:57:11.100] You know I do a show on legal reform where we talk about beating up the system and taking these guys to task
[01:57:11.100 --> 01:57:16.100] But only do that when your liberty is not at risk
[01:57:16.100 --> 01:57:23.100] I can go in there and I can fight them and I can have a great time with them, but my liberty is not at risk
[01:57:23.100 --> 01:57:30.100] Well it was that last time, I was looking at a year in jail, but they wouldn't have got a conviction on me
[01:57:30.100 --> 01:57:36.100] But if you can keep that DUI off your record
[01:57:36.100 --> 01:57:41.100] And it is, it's gone, the DUI is gone, now it's just an obstruction of traffic charge
[01:57:41.100 --> 01:57:43.100] Yeah, be patient
[01:57:43.100 --> 01:57:47.100] I don't think I should do dope time for an obstruction of traffic charge
[01:57:47.100 --> 01:57:54.100] Well they don't want you in jail, it costs too much to put you in jail
[01:57:54.100 --> 01:58:01.100] If you've been out of jail this long and they've reduced it, be patient with your lawyer
[01:58:01.100 --> 01:58:04.100] It sounds like your lawyer is actually doing a good job
[01:58:04.100 --> 01:58:07.100] Okay, that answers my question
[01:58:07.100 --> 01:58:13.100] Yeah, I wouldn't complain about it, send me his name, I'll send him an attaboy
[01:58:13.100 --> 01:58:15.100] Okay, thanks
[01:58:15.100 --> 01:58:17.100] I don't know many good lawyers
[01:58:17.100 --> 01:58:19.100] Okay, we are out of time
[01:58:19.100 --> 01:58:23.100] Thank you David, this is Randy Kelton and Deborah Stevens, rule of law radio
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