ROL_2016-03-04_16k_Hr1-2.timecode

[00:00.000 --> 00:08.000]  The following news flash is brought to you by the Lone Star Lowdown, providing the deli
[00:08.000 --> 00:10.000]  bulletins for the commodities market.
[00:10.000 --> 00:23.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:23.000 --> 00:29.000]  Markets for Wednesday, March 2, 2016 are currently treading with gold at $1,240 an ounce, silver
[00:29.000 --> 00:35.000]  at $14.98 an ounce, Texas crude at $34.40 a barrel, and Bitcoin is currently sitting
[00:35.000 --> 00:44.000]  at about $429 U.S. currency.
[00:44.000 --> 00:49.000]  Today in history, the year 1807, the U.S. Congress passes an act to prohibit the importation
[00:49.000 --> 00:53.000]  of slaves into any port or place within the jurisdiction of the United States.
[00:53.000 --> 00:57.000]  However, the widespread trade of slaves within the South was not prohibited since the children
[00:57.000 --> 00:59.000]  of slaves automatically became slaves themselves.
[00:59.000 --> 01:05.000]  The act prohibiting importation of slaves of 1807 went into effect January 1, 1808.
[01:05.000 --> 01:12.000]  The beginning of U.S. abolition was today in history.
[01:12.000 --> 01:16.000]  In recent news, President Obama and First Lady Michelle Obama will both appear later
[01:16.000 --> 01:18.000]  this month at South by Southwest.
[01:18.000 --> 01:22.000]  The President is scheduled to take part in a discussion on March 11 with Evan Smith,
[01:22.000 --> 01:27.000]  editor of the Texas Tribune, on civic engagement and the role of innovative technology in increasing
[01:27.000 --> 01:31.000]  participation in politics and even solving major problems like climate change.
[01:31.000 --> 01:36.000]  On March 16, the First Lady will be discussing her Let Girls Learn initiative, which aims
[01:36.000 --> 01:41.000]  to help an estimated 62 million girls around the world have access to basic higher education.
[01:41.000 --> 01:46.000]  This will make the Obamas the first president and First Lady to appear at South by Southwest
[01:46.000 --> 01:52.000]  in its 30-year history.
[01:52.000 --> 01:57.000]  Lawyer Jose Refugio Rodriguez said today that his client, drug lord Joaquin El Chapo Guzman,
[01:57.000 --> 02:01.000]  said he wants to be extradited as soon as possible to the United States because guards
[02:01.000 --> 02:05.000]  at the Mexican maximum security prison aren't letting him sleep.
[02:05.000 --> 02:09.000]  Mr. Rodriguez is wanting to negotiate with the U.S. authorities for a lighter sentence
[02:09.000 --> 02:11.000]  and a stay at a medium security prison.
[02:11.000 --> 02:15.000]  Instead, Radio Formula reported El Chapo fears that his health will worsen because of the
[02:15.000 --> 02:19.000]  isolated conditions in the Mexican prison and the possibility that the lack of sleep
[02:19.000 --> 02:21.000]  could cause a heart attack or a stroke.
[02:21.000 --> 02:30.000]  The process of extradition may take up to a year.
[02:30.000 --> 02:34.000]  The world's biggest seller of corn and soybean seeds and the maker of Roundup weed killer
[02:34.000 --> 02:37.000]  Monsanto Corporation issued a profit warning today.
[02:37.000 --> 02:42.000]  They are forecasting a cut to the midpoint of its fiscal 2006 profit by at least 11 percent.
[02:42.000 --> 02:47.000]  This is after they announced they are laying off 3,600 employees, roughly 16 percent, of
[02:47.000 --> 02:48.000]  its global workforce.
[02:48.000 --> 02:52.000]  Monsanto shares recently went down 7.5 percent and have shed a total of 29 percent during
[02:52.000 --> 02:54.000]  the past year.
[02:54.000 --> 03:23.000]  This was Brody with your lowdown for March 2nd, 2016.
[03:23.000 --> 03:24.000]  Okay.
[03:24.000 --> 03:25.000]  Howdy, howdy.
[03:25.000 --> 03:33.000]  This is Randy Kelton, Rule of Law Radio on this Friday, the fourth day of March 2016.
[03:33.000 --> 03:38.000]  We have had a really nice winter this year.
[03:38.000 --> 03:44.000]  I hope we don't pay for it this summer, but now we're pushing towards spring.
[03:44.000 --> 03:48.000]  Everything's picking up and even some of our court cases.
[03:48.000 --> 03:55.000]  We have been getting some pretty good cases in our, as far as the foreclosure area, we've
[03:55.000 --> 04:01.000]  been getting some really good rulings in our favor here recently.
[04:01.000 --> 04:08.000]  So, it has the appearance of being a good start to this new year.
[04:08.000 --> 04:10.000]  We do have the phones open.
[04:10.000 --> 04:16.000]  We'll keep the phones open all night and don't forget we still have our fundraiser going.
[04:16.000 --> 04:24.000]  We had to put in an archive last night because Deborah had a gig she had to do so she can
[04:24.000 --> 04:27.000]  generate the funds to keep this thing going.
[04:27.000 --> 04:35.000]  So, make sure you check out our sponsors and if they've got anything that you can use,
[04:35.000 --> 04:43.000]  make sure you patronize them if you can because we get a percentage of whatever they sell
[04:43.000 --> 04:49.000]  and that's the only way we profit from the advertising.
[04:49.000 --> 04:51.000]  And right now we need about all the help we can get.
[04:51.000 --> 04:54.000]  We still have the gun giveaway going on.
[04:54.000 --> 05:01.000]  So, go to logosradionetwork.com and check that out.
[05:01.000 --> 05:03.000]  Help us keep this thing going.
[05:03.000 --> 05:04.000]  Okay.
[05:04.000 --> 05:06.000]  My goodness, we have a caller already.
[05:06.000 --> 05:13.000]  So, I was going to go into this e-book that I've been working on but since we've got a
[05:13.000 --> 05:22.000]  caller early on, I won't bore you guys with talking about artful vagueness.
[05:22.000 --> 05:30.000]  Artful vagueness is the next issue that I wanted to talk about.
[05:30.000 --> 05:36.000]  I personally find it very interesting, even if nobody else does, but I tend to get that
[05:36.000 --> 05:37.000]  a lot.
[05:37.000 --> 05:43.000]  If we run out of callers, then I will go back to that.
[05:43.000 --> 05:49.000]  Oh, I'm getting pages up.
[05:49.000 --> 05:54.000]  Anyway, I'm waiting for the call screen.
[05:54.000 --> 06:02.000]  The screen is called, so I don't want to get started into something, but artful vagueness.
[06:02.000 --> 06:10.000]  We spend a lot of time talking about things you should avoid when you're writing legal
[06:10.000 --> 06:15.000]  documents and actually they go to any document.
[06:15.000 --> 06:23.000]  The section on being artfully vague, that's where you take all of those things that we
[06:23.000 --> 06:33.000]  warned you not to do and you use those in order to affect people in a way that will
[06:33.000 --> 06:38.000]  cause them to become more engaged.
[06:38.000 --> 06:43.000]  I know that sounds a bit cryptic, but we will get to that next time.
[06:43.000 --> 06:50.000]  So, right now we still don't have a caller up.
[06:50.000 --> 06:54.000]  Since we don't have a caller, I'm kind of stuck.
[06:54.000 --> 06:58.000]  I'll just go ahead with this.
[06:58.000 --> 07:06.000]  In previous show, we talked about things to avoid like acronyms, pronouns, conjunction,
[07:06.000 --> 07:10.000]  mixing elements, emphasis, linguistic structures.
[07:10.000 --> 07:20.000]  The linguistic structures is where we go to the portion that applies to the concept we
[07:20.000 --> 07:23.000]  call artful vagueness.
[07:23.000 --> 07:35.000]  In order to be artfully vague, you only give the information that must be there and leave
[07:35.000 --> 07:39.000]  out the information that's superfluous.
[07:39.000 --> 07:49.000]  When you do that, for instance, if you say you saw this person driving a 1964 Chevrolet,
[07:49.000 --> 07:57.000]  that's enough, unless the specifics of it are critical to the story.
[07:57.000 --> 08:01.000]  If the only thing that's important is a 1964 Chevrolet, just say a 1964 Chevrolet.
[08:01.000 --> 08:07.000]  Don't say a green, rusty, beat up old 1964 Chevrolet.
[08:07.000 --> 08:16.000]  Because if you say you saw someone driving in a car, your reader is going to create in
[08:16.000 --> 08:23.000]  his mind a mental image of a car that most fits his personal preference.
[08:23.000 --> 08:31.000]  Then you say it was a green, beat up car.
[08:31.000 --> 08:37.000]  Then he's going to have to take that car you had in his mind and turn it green and then
[08:37.000 --> 08:39.000]  turn it beat up somewhat.
[08:39.000 --> 08:46.000]  Each extra piece of information you give the person will cause them to take the image they've
[08:46.000 --> 08:53.000]  already created and readjust it to fit the details that you've given them.
[08:53.000 --> 09:03.000]  Now, that's important if the details that you're giving them matter.
[09:03.000 --> 09:10.000]  But if the details you're giving them doesn't matter, then what it does is makes your reader
[09:10.000 --> 09:15.000]  work harder to create in his mind an image that's in your mind.
[09:15.000 --> 09:20.000]  If the image in your mind is not important, then create anyone you want to.
[09:20.000 --> 09:29.000]  A narrative will be more compelling if you give them just enough information so they
[09:29.000 --> 09:32.000]  can create images in their mind.
[09:32.000 --> 09:40.000]  The images that contain the important details, but these are the ones that are relevant.
[09:40.000 --> 09:51.000]  I read a book by Dean Koontz and it was a mystery novel and the hero was studying a
[09:51.000 --> 09:57.000]  cold case and he tried to find the officer who had originally handled the case, but the
[09:57.000 --> 10:00.000]  officer retired and passed away.
[10:00.000 --> 10:04.000]  But since he was not going to take a lot of cases home with him, the guy couldn't find
[10:04.000 --> 10:10.000]  the records he needed, he went to check with the guy's widow.
[10:10.000 --> 10:20.000]  Koontz, the writer, described the place where this woman lived.
[10:20.000 --> 10:28.000]  It was an older, very well-kept trailer at the mobile home.
[10:28.000 --> 10:32.000]  He described the flowerbed that's in front of it.
[10:32.000 --> 10:37.000]  He described the way the steps were designed going into it.
[10:37.000 --> 10:44.000]  The color of the door, the color of the paneling inside, the type of furniture that had it
[10:44.000 --> 10:48.000]  just went on and on and on.
[10:48.000 --> 10:59.000]  If he would have simply said she lived in an aging, quaint but well-kept mobile home,
[10:59.000 --> 11:07.000]  I would have created in my mind a quaint, aging, well-kept mobile home that was compelling
[11:07.000 --> 11:09.000]  to me.
[11:09.000 --> 11:15.000]  But instead, he kept forcing me to take my image and keep adjusting it and twisted it
[11:15.000 --> 11:17.000]  and add things and take things out.
[11:17.000 --> 11:28.000]  When in the end, none of those details were in the least bit important.
[11:28.000 --> 11:34.000]  It seemed as though he was just adding words to the narrative.
[11:34.000 --> 11:47.000]  I mentioned earlier on speaking to Lord of the Rings where he described a character and
[11:47.000 --> 11:55.000]  spent 50-something pages giving this character's whole life history.
[11:55.000 --> 11:58.000]  Then he never showed up again in the whole trilogy.
[11:58.000 --> 12:06.000]  When I finished the third book and that elf never showed up again, I was furious.
[12:06.000 --> 12:13.000]  When you're trying to be artfully vague, but when you're trying to engage your reader
[12:13.000 --> 12:19.000]  in the process, leave out the details that don't have to be there.
[12:19.000 --> 12:27.000]  We do that anyway, and one of the ways we do that is with deletions, distortions, and
[12:27.000 --> 12:30.000]  nominalizations.
[12:30.000 --> 12:37.000]  Nominalization, that's where you take a process and turn it into a noun.
[12:37.000 --> 12:41.000]  Angry, that's a nominalization.
[12:41.000 --> 12:44.000]  Angry is not a thing or mad.
[12:44.000 --> 12:47.000]  That's not something that you get.
[12:47.000 --> 12:50.000]  That's not something that happens to you.
[12:50.000 --> 12:54.000]  It's a description of a set of behaviors.
[12:54.000 --> 12:57.000]  It's a way of acting.
[12:57.000 --> 13:05.000]  We take a pattern of behavior and give it a name so that we can describe the whole pattern
[13:05.000 --> 13:08.000]  or the nominalization.
[13:08.000 --> 13:13.000]  Nominalizations often create complex equivalence.
[13:13.000 --> 13:17.000]  Earlier we talked about avoiding complex equivalence.
[13:17.000 --> 13:28.000]  Well, when the equivalent is unimportant, when what you're speaking to is not critical
[13:28.000 --> 13:40.000]  to the fact structure, then you can use the term, his behavior made me furious.
[13:40.000 --> 13:51.000]  The reader will create in his mind what for him represents this nominalization, furious.
[13:51.000 --> 13:58.000]  Now, what's furious for me may not be the same as what's furious for you.
[13:58.000 --> 14:04.000]  If I describe my fury to you, you may not think that's very furious at all.
[14:04.000 --> 14:07.000]  You may not find it the least bit compelling.
[14:07.000 --> 14:16.000]  You may actually think it's somewhat whack or extreme or not compelling enough to actually be furious.
[14:16.000 --> 14:19.000]  You're only a little PO'd.
[14:19.000 --> 14:27.000]  But if you leave out the deep structure, leave out all of the defining details,
[14:27.000 --> 14:33.000]  your reader will put in details that are compelling to the reader.
[14:33.000 --> 14:39.000]  And in doing so, it engages the reader in the process.
[14:39.000 --> 14:45.000]  And nominalizations go along with deletions and distortions.
[14:45.000 --> 14:58.000]  These are, when you're speaking of transformational grammar, these are primary structures.
[14:58.000 --> 15:05.000]  We mostly speak two to three hundred words a minute.
[15:05.000 --> 15:13.000]  And in speaking so quickly, in order to transfer meaning,
[15:13.000 --> 15:19.000]  we use terms that have deeper meaning than, say, the number one.
[15:19.000 --> 15:22.000]  The number one doesn't have much deep structure.
[15:22.000 --> 15:25.000]  It just is what it is.
[15:25.000 --> 15:30.000]  But frustration, frustration has all sorts of deep structure.
[15:30.000 --> 15:40.000]  We use terms that have subtle associated meaning that we don't supply.
[15:40.000 --> 15:46.000]  That way, the reader, when he reads it, he will have to supply that information.
[15:46.000 --> 15:50.000]  And distortions, I won't go too deep into distortions.
[15:50.000 --> 15:54.000]  I think we all understand what deletions and distortions are.
[15:54.000 --> 16:03.000]  But there's another way of using these I'll get into later.
[16:03.000 --> 16:08.000]  And if I'm a little sketchy in how I'm presenting this,
[16:08.000 --> 16:11.000]  this is something I've studied for a long time,
[16:11.000 --> 16:16.000]  but it's not something that I've ever tried to present to someone else.
[16:16.000 --> 16:23.000]  So I'm not as eloquent in presenting these ideas as I'd like to be.
[16:23.000 --> 16:31.000]  This is not the kind of thing you'll find in literature concerning how to write well.
[16:31.000 --> 16:37.000]  I have an extensive library on this subject, and none of this stuff's in there.
[16:37.000 --> 16:48.000]  And from my experience, this is the kind of thing that creates the most compelling quotes.
[16:48.000 --> 16:57.000]  This is paying attention to how the reader's mind moves with the narrative.
[16:57.000 --> 17:22.000]  Hang on, we'll be right back.
[17:27.000 --> 17:54.000]  We'll be right back.
[17:54.000 --> 18:01.000]  We'll be right back.
[18:24.000 --> 18:26.000]  We'll be right back.
[18:54.000 --> 18:58.000]  We'll be right back.
[18:58.000 --> 19:00.000]  We'll be right back.
[19:00.000 --> 19:02.000]  We'll be right back.
[19:02.000 --> 19:03.000]  We'll be right back.
[19:03.000 --> 19:05.000]  We'll be right back.
[19:05.000 --> 19:06.000]  We'll be right back.
[19:06.000 --> 19:08.000]  We'll be right back.
[19:08.000 --> 19:10.000]  We'll be right back.
[19:10.000 --> 19:13.000]  We'll be right back.
[19:13.000 --> 19:15.000]  We'll be right back.
[19:15.000 --> 19:17.000]  We'll be right back.
[19:17.000 --> 19:20.000]  We'll be right back.
[19:20.000 --> 19:22.000]  We'll be right back.
[19:22.000 --> 19:23.000]  We'll be right back.
[19:23.000 --> 19:33.160]  Okay, we are back, Randy Kelton with our radio, and I went to that, this section because there
[19:33.160 --> 19:40.520]  were a couple of new interesting tools that I wanted to present, but I haven't structured
[19:40.520 --> 19:45.320]  this well enough, I guess, to be able to present it well.
[19:45.320 --> 19:52.440]  I did want to talk about conversational ellipsis and extended quotations, but I'll do that
[19:52.440 --> 19:53.440]  at another time.
[19:53.440 --> 19:58.800]  I'll study this out and build a better presentation for those.
[19:58.800 --> 20:05.680]  Right now I have a caller, and if we run out of callers, I'll go to how the court works.
[20:05.680 --> 20:11.080]  Most of our listeners should find that a whole lot more interesting, and this is the kind
[20:11.080 --> 20:14.040]  of things they don't teach in school.
[20:14.040 --> 20:17.320]  This is how it actually works out here in the real world.
[20:17.320 --> 20:23.320]  Some of this we've developed, and it looks like we have a caller that keeps dropping
[20:23.320 --> 20:24.320]  off.
[20:24.320 --> 20:31.520]  Okay, I'm going to go to... Okay, my caller is back.
[20:31.520 --> 20:34.400]  It looks like we may have a little issue with our call board today.
[20:34.400 --> 20:36.560]  Okay, I'm going to go ahead and go to the caller.
[20:36.560 --> 20:41.040]  If we run out of callers, I'll go to how the courts actually work.
[20:41.040 --> 20:44.080]  Hello, Scott from Texas.
[20:44.080 --> 20:46.040]  Hello, Randy.
[20:46.040 --> 20:47.640]  How are you?
[20:47.640 --> 20:49.960]  I'm doing good.
[20:49.960 --> 20:50.960]  I'm doing good.
[20:50.960 --> 20:54.880]  What do you have for us today?
[20:54.880 --> 21:01.000]  Well today it was kind of a slow week because you were so hard to catch because you were
[21:01.000 --> 21:08.960]  so busy, but I finally got it straightened out about the 17.3, which people, if they're
[21:08.960 --> 21:15.760]  keeping up with this stuff, I narrowed the time frame way too small.
[21:15.760 --> 21:21.040]  So I had to expand it out so I encompassed it to be two weeks before the day and two
[21:21.040 --> 21:22.840]  weeks after the day.
[21:22.840 --> 21:24.600]  Okay, hold on, hold on.
[21:24.600 --> 21:28.120]  Let's back up and give some background here.
[21:28.120 --> 21:38.000]  He's talking about 17.30, that's his code of criminal procedure, and it addresses what
[21:38.000 --> 21:45.520]  a magistrate is to do after the magistrate finishes an examining trial.
[21:45.520 --> 21:49.760]  He is to seal all documents had in the hearing.
[21:49.760 --> 21:57.920]  The voluntary statement of the accused, the complaint, and all other documents had in
[21:57.920 --> 22:04.800]  the hearing shall be sealed in an envelope, writing the name of the magistrate across
[22:04.800 --> 22:06.200]  the seal of the envelope.
[22:06.200 --> 22:13.040]  That is the only place you'll find that anywhere in Texas law that I have ever seen.
[22:13.040 --> 22:18.160]  I've never seen anything ordered sealed anywhere else.
[22:18.160 --> 22:25.320]  And that's primarily because the magistrate is not the trial court judge, or the magistrate
[22:25.320 --> 22:30.000]  may wind up being the trial court judge, but not necessarily.
[22:30.000 --> 22:34.920]  When the magistrate acts in the magistrate capacity, he merely makes a determination
[22:34.920 --> 22:37.160]  of probable cause.
[22:37.160 --> 22:45.040]  And then under 16.17, he's to issue an order stating whether he found probable cause, or
[22:45.040 --> 22:54.880]  at least a person at his liberty, sent him to bail, and rendered him to the jail in the
[22:54.880 --> 22:55.880]  county.
[22:55.880 --> 22:58.400]  Whatever he did, he's to issue an order.
[22:58.400 --> 23:03.320]  And if there is no warrant, then he's to create a warrant.
[23:03.320 --> 23:09.800]  Now that may seem odd that the person is in front of the magistrate already and the magistrate
[23:09.800 --> 23:12.240]  issues a warrant.
[23:12.240 --> 23:20.040]  It is the warrant and the order that when it is transferred to the clerk of the court
[23:20.040 --> 23:27.080]  of jurisdiction, that's what gives the court jurisdiction to hear the case.
[23:27.080 --> 23:32.840]  A magistrate has jurisdiction by virtue of the criminal accusation.
[23:32.840 --> 23:39.600]  Once the accusation is converted into a judicial determination of probable cause, that's forwarded
[23:39.600 --> 23:46.200]  to the clerk of the court that will have jurisdiction, and that moves jurisdiction from the magistrate
[23:46.200 --> 23:48.200]  to the court.
[23:48.200 --> 23:56.120]  17.3 is the statute that directs the magistrate to take that action.
[23:56.120 --> 24:04.240]  And Scott requested that from, is this the municipality or the county court?
[24:04.240 --> 24:05.240]  The county.
[24:05.240 --> 24:08.240]  Okay, from the county court.
[24:08.240 --> 24:16.720]  So the request is, and I have it on Jurisimprudence.com, it says you are hereby directed to provide
[24:16.720 --> 24:21.920]  for by inspection and or copying all records collected or similar maintained by the department
[24:21.920 --> 24:27.880]  that are specifically referenced by Article 17.30 Texas Code of Criminal Procedure.
[24:27.880 --> 24:37.800]  You may reduce the scope of this request by providing documents from this date to this
[24:37.800 --> 24:40.680]  date.
[24:40.680 --> 24:50.000]  And initially Scott said one that he was trying to home in on the time that he was arrested
[24:50.000 --> 24:52.160]  and charged.
[24:52.160 --> 24:53.160]  So he said it.
[24:53.160 --> 24:54.160]  No, actually.
[24:54.160 --> 24:55.160]  Go ahead.
[24:55.160 --> 25:01.800]  Actually, I put the time in when I was at court when she actually held the examining
[25:01.800 --> 25:08.440]  trial because she said, I'm going to deny this motion for the cop or whatever, this
[25:08.440 --> 25:11.160]  criminal accusation, I'm going to deny that.
[25:11.160 --> 25:17.880]  And so I was rendering it during that time of that open court when she made that decision,
[25:17.880 --> 25:22.360]  which was my mistake because I didn't know it should have been a broader spectrum of
[25:22.360 --> 25:23.360]  time.
[25:23.360 --> 25:28.360]  But let me explain why.
[25:28.360 --> 25:35.840]  The reason we ask for a broader spectrum is nobody does this.
[25:35.840 --> 25:42.720]  Nobody in Texas follows this procedure, although it's very specific in the code, nobody follows
[25:42.720 --> 25:45.360]  it.
[25:45.360 --> 25:53.120]  And so the courts just do what's convenient for them.
[25:53.120 --> 26:03.160]  And it's my position that our legislature did not write these codes capriciously.
[26:03.160 --> 26:06.920]  They had good cause for each of these codes.
[26:06.920 --> 26:16.480]  And our officials have just one by one made seemingly minor adjustments toward administrative
[26:16.480 --> 26:23.760]  convenience and adjudicated expediency till they reach the point that their practice doesn't
[26:23.760 --> 26:26.480]  even resemble the code.
[26:26.480 --> 26:32.560]  So we're asking them for something we're relatively certain they will not have.
[26:32.560 --> 26:42.640]  We give them this wider scope so that it will establish that over a wide range of complaints,
[26:42.640 --> 26:44.680]  they don't do this at all.
[26:44.680 --> 26:49.960]  Not just that they didn't do it in my individual case, they don't ever do it because you can
[26:49.960 --> 26:53.760]  always expect a response.
[26:53.760 --> 27:00.320]  First thing you get a response saying is, we don't understand what you're asking for.
[27:00.320 --> 27:02.000]  That's what I do again.
[27:02.000 --> 27:06.240]  And I always tell them, well, if you don't understand what I'm asking for, ask the legislature,
[27:06.240 --> 27:09.200]  they wrote the code, I didn't.
[27:09.200 --> 27:13.680]  And then they never find that satisfying, but I don't care.
[27:13.680 --> 27:20.400]  And then they'll send me a response saying, we have no records responsive to your request.
[27:20.400 --> 27:23.360]  That's what you want.
[27:23.360 --> 27:30.040]  Now you can turn around and file criminal charges against the magistrate for failing to perform
[27:30.040 --> 27:32.280]  a duty he was required before.
[27:32.280 --> 27:36.640]  Is that how you got it, Scott?
[27:36.640 --> 27:37.640]  Yeah.
[27:37.640 --> 27:43.040]  And this was the whole thing it's kind of leading up to because, okay, we put the criminal
[27:43.040 --> 27:44.880]  accusation in against the cops.
[27:44.880 --> 27:46.560]  Well, the judge denies it.
[27:46.560 --> 27:47.560]  Okay, fine.
[27:47.560 --> 27:52.800]  But the judge didn't seal the records up and do it according to the code 17.3.
[27:52.800 --> 27:53.800]  Fine.
[27:53.800 --> 28:00.600]  So now that that has occurred, now I want to put a motion in to recuse the judge.
[28:00.600 --> 28:03.080]  Well, then that's not going to happen.
[28:03.080 --> 28:08.880]  We all know how that just gets wadded up and thrown away, but she has to have that hearing.
[28:08.880 --> 28:15.800]  Well, after that hearing, then I go back and put in this criminal charge that I have against
[28:15.800 --> 28:20.040]  the judge in Addison, which I tried to get indicted.
[28:20.040 --> 28:27.080]  And she now that they already know that I've done this criminal charge against their own
[28:27.080 --> 28:32.960]  officer and they didn't file proper protocol, and she's already been recused from that,
[28:32.960 --> 28:34.560]  and she's still sitting on the bench.
[28:34.560 --> 28:39.600]  When I gave her that criminal complaint and she sits there and has to stare at that thing,
[28:39.600 --> 28:43.800]  now she knows she's going to have to do the proper procedure on that.
[28:43.800 --> 28:47.280]  Sorry, I'm getting a phone call, but I'm not going to answer.
[28:47.280 --> 28:54.200]  But anyhow, so now she's going to be sitting there forced to touch this criminal complaint
[28:54.200 --> 28:56.760]  against the judge.
[28:56.760 --> 28:59.320]  And now she's going to be like, oh man, I really hate that.
[28:59.320 --> 29:01.400]  I have to do something with this.
[29:01.400 --> 29:04.400]  And then I'll have to go back in there and see her and she'll have to tell me what she's
[29:04.400 --> 29:06.680]  going to do with that criminal complaint on the judge.
[29:06.680 --> 29:07.680]  Yeah.
[29:07.680 --> 29:13.520]  Isn't this criminal complaint against the judge, accusing the judge of failing to act
[29:13.520 --> 29:15.680]  on a criminal complaint?
[29:15.680 --> 29:18.120]  Well, that would be later.
[29:18.120 --> 29:23.960]  See, I set her up with the cop, her own cop, because it's in Rockwall, it's in Rockwall
[29:23.960 --> 29:26.040]  County, which is a different county.
[29:26.040 --> 29:28.080]  So now I try to get her recused.
[29:28.080 --> 29:29.080]  That don't happen.
[29:29.080 --> 29:33.640]  So now she's on, now I've already got her on the hot seat for not doing the file, the
[29:33.640 --> 29:38.040]  file paperwork correctly, and she has to file it on this judge.
[29:38.040 --> 29:39.040]  Okay.
[29:39.040 --> 29:40.320]  Hang on.
[29:40.320 --> 29:41.680]  We are about to go to break.
[29:41.680 --> 29:44.640]  This is Randy Kelton, Reelabuy Radio.
[29:44.640 --> 29:49.360]  I call him number 512-646-1984.
[29:49.360 --> 29:53.600]  This is a little bit longer break, so we have more time to go check out our sponsors and
[29:53.600 --> 29:55.080]  help support this network.
[29:55.080 --> 30:01.840]  We'll be right back.
[30:01.840 --> 30:03.800]  Snacking can make you healthier, really.
[30:03.800 --> 30:08.560]  In fact, one tasty treat that's often considered a naughty indulgence should move right to
[30:08.560 --> 30:09.560]  the top of your list.
[30:09.560 --> 30:14.280]  I'm Dr. Catherine Albrecht, and I'll tell you what it is in just a moment.
[30:14.280 --> 30:15.880]  Privacy is under attack.
[30:15.880 --> 30:19.480]  When you give up data about yourself, you'll never get it back again.
[30:19.480 --> 30:24.040]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:24.040 --> 30:29.400]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:29.400 --> 30:32.000]  Privacy, it's worth hanging on to.
[30:32.000 --> 30:36.280]  This public service announcement is brought to you by StartPage.com, the private search
[30:36.280 --> 30:39.840]  engine alternative to Google, Yahoo, and Bing.
[30:39.840 --> 30:43.000]  Start over with StartPage.
[30:43.000 --> 30:45.200]  It's time to go crazy for nuts.
[30:45.200 --> 30:47.280]  Forget about nuts being fattening.
[30:47.280 --> 30:51.040]  In moderation, they can actually help power up weight loss because they're packed with
[30:51.040 --> 30:53.320]  protein, nutrients, and fiber.
[30:53.320 --> 30:57.880]  A study by the International Journal of Obesity found that overweight adults who ate almonds
[30:57.880 --> 31:03.000]  as part of their diet plans lost more weight than those who ate more complex carbohydrates.
[31:03.000 --> 31:07.240]  And while you're losing weight, nuts can help prevent heart disease, cancer, and premature
[31:07.240 --> 31:09.840]  aging, especially walnuts.
[31:09.840 --> 31:14.120]  Scientists have crammed them the king of nuts because they contain nearly twice the health-enhancing
[31:14.120 --> 31:18.400]  antioxidants of other nuts, plus they're the richest in omega-3s.
[31:18.400 --> 31:19.400]  So go ahead.
[31:19.400 --> 31:21.200]  You can afford to go nuts for nuts.
[31:21.200 --> 31:23.080]  I'm Dr. Catherine Albrecht.
[31:23.080 --> 31:30.560]  More news and information at CatherineAlbrecht.com.
[31:30.560 --> 31:34.960]  Did you know there are 3 million edible food plants on earth, and none have the nutritional
[31:34.960 --> 31:36.640]  value of the hemp plant?
[31:36.640 --> 31:39.240]  HempUSA.org offers you hemp protein powder.
[31:39.240 --> 31:45.080]  It does not contain chemicals or THC, is non-GMO, and is 100% gluten-free.
[31:45.080 --> 31:50.240]  Hemp protein powder burns fat, builds muscle, contains 53% protein, and feeds the body the
[31:50.240 --> 31:51.720]  nutrients it needs.
[31:51.720 --> 32:02.200]  Call 888-910-4367 and see what our powder, seeds, and oil can do for you, only at HempUSA.org.
[32:02.200 --> 32:04.960]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:04.960 --> 32:08.800]  In today's America, we live in an us-against-them society, and if we the people are ever going
[32:08.800 --> 32:12.760]  to have a free society, then we're going to have to stand and defend our own rights.
[32:12.760 --> 32:15.960]  Among those rights are the right to travel freely from place to place, the right to act
[32:15.960 --> 32:20.000]  in our own private capacity, and most importantly, the right to due process of law.
[32:20.000 --> 32:23.840]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:23.840 --> 32:25.200]  our rights through due process.
[32:25.200 --> 32:29.200]  Former Sheriff's Deputy, A. Craig, in conjunction with Rule of Law Radio has put together the
[32:29.200 --> 32:32.960]  most comprehensive teaching tool available that will help you understand what due process
[32:32.960 --> 32:35.360]  is and how to hold courts to the rule of law.
[32:35.360 --> 32:39.360]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[32:39.360 --> 32:40.720]  ordering your copy today.
[32:40.720 --> 32:44.080]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code,
[32:44.080 --> 32:48.480]  The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research
[32:48.480 --> 32:50.800]  documents, and other useful resource material.
[32:50.800 --> 32:54.760]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:54.760 --> 32:59.920]  Order your copy today, and together we can have the free society we all want and deserve.
[32:59.920 --> 33:09.120]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:09.120 --> 33:38.240]  Okay, we are back, Randy Kelcom, Rule of Law Radio, and we're talking to Scott in Texas.
[33:38.240 --> 33:45.040]  Okay, Scott, so what is your plan moving forward here?
[33:45.040 --> 33:53.680]  Well, now that I kind of... The thing is, I'm kind of pulling in several steps ahead
[33:53.680 --> 34:00.080]  over in that court, so now I'm kind of backing up, and I want to fall back and regroup on
[34:00.080 --> 34:06.720]  a couple of other little cases that I got going, and I guess one of the questions I
[34:06.720 --> 34:15.360]  really have is, once I put in the request to get all the evidence of all the video and
[34:15.360 --> 34:23.000]  stuff, don't they have to give that to me, or can they deny me the video of the cop smashing
[34:23.000 --> 34:25.200]  my window stuff?
[34:25.200 --> 34:35.280]  Technically, in Texas, although it's not in paramateria with constitution, the courts
[34:35.280 --> 34:41.800]  have ruled that in a class C misdemeanor, you don't have a right to discovery.
[34:41.800 --> 34:52.960]  However, since you don't have a right to discovery, then you can seek the records under the Open
[34:52.960 --> 34:54.520]  Records Act.
[34:54.520 --> 35:05.200]  Now, the code says that the Open Records Act is not intended to supplant discovery.
[35:05.200 --> 35:21.000]  So if you're in a trial in any kind of a legal proceeding before a court, the statutes stipulate
[35:21.000 --> 35:25.680]  that you can't use the Open Records Act.
[35:25.680 --> 35:30.320]  So essentially, when you file suit or when you are sued, you lose your right to open
[35:30.320 --> 35:34.560]  records as it applies to the suit.
[35:34.560 --> 35:39.160]  And that's just because they want the judge to be able to control it for some reason,
[35:39.160 --> 35:40.160]  I don't know.
[35:40.160 --> 35:46.760]  But in a class C misdemeanor, you don't have a right to discovery, so you should always
[35:46.760 --> 35:50.080]  be able to use the Open Records Act.
[35:50.080 --> 36:01.280]  And if the prosecutor claims that this is part of an ongoing investigation, then you
[36:01.280 --> 36:04.720]  request it under discovery.
[36:04.720 --> 36:12.520]  If they say you don't have a right to discovery and they won't respond to Open Records Act,
[36:12.520 --> 36:18.600]  now they deny you your right to a public court.
[36:18.600 --> 36:23.960]  And Open Records is great because a violation of that is a class A misdemeanor in the state
[36:23.960 --> 36:25.880]  of Texas.
[36:25.880 --> 36:35.160]  In most states, the Open Records Act is not a civil statute, it's a criminal statute.
[36:35.160 --> 36:39.520]  In Texas, $10,000 fine, you're in jail.
[36:39.520 --> 36:43.440]  The legislature can consider that a big deal.
[36:43.440 --> 36:48.920]  For the most part, these public officials don't because if you try to prosecute one
[36:48.920 --> 36:57.560]  of them, all the other persons in the prosecutorial process try to shield them from prosecution.
[36:57.560 --> 37:07.880]  And that's what we're doing now is all about, is we're taking the process of filing criminal
[37:07.880 --> 37:10.840]  complaints and working them over with it.
[37:10.840 --> 37:16.640]  Scott, you're going to file against this judge, and when the judge doesn't act on it, then
[37:16.640 --> 37:19.880]  you file on the judge.
[37:19.880 --> 37:25.080]  And they don't know what to do with that because their problem is, is they immediately will
[37:25.080 --> 37:27.840]  run up against the codes.
[37:27.840 --> 37:36.440]  And I've told more than one deputy or police officer in Baylor, don't get upset with me.
[37:36.440 --> 37:41.480]  I didn't write the code, I just read it.
[37:41.480 --> 37:44.640]  And here it's very clear what they're required to do.
[37:44.640 --> 37:50.080]  Kind of got off subject, but yeah, you put in the request, if they deny the request,
[37:50.080 --> 37:54.200]  then request it under the Open Records Act.
[37:54.200 --> 37:58.880]  And then they'll deny that and then you just, then you'll have to just file against the
[37:58.880 --> 38:04.120]  judge again or file against the court or would you file against the prosecutor?
[38:04.120 --> 38:07.880]  It makes a great question to ask.
[38:07.880 --> 38:08.880]  Yeah.
[38:08.880 --> 38:18.120]  If, if I can't have discovery and I can't get it under open records because it's part
[38:18.120 --> 38:23.680]  of an ongoing criminal case, then now I no longer have a public court.
[38:23.680 --> 38:30.080]  So now you guys, you cut out discovery in Class A misdemeanors because they're just
[38:30.080 --> 38:34.120]  about money anyway.
[38:34.120 --> 38:37.680]  You cut out discovery to make it easier and cheaper for you to prosecute.
[38:37.680 --> 38:43.000]  Now you run up against the constitution.
[38:43.000 --> 38:49.080]  And these smaller courts, especially the smaller municipalities, they don't have the deep pockets
[38:49.080 --> 38:52.960]  that like Dallas or Fort Worth does.
[38:52.960 --> 38:58.200]  So when they start looking at you setting them up for a lawsuit, they're going to start
[38:58.200 --> 39:01.280]  getting real unhappy.
[39:01.280 --> 39:07.000]  And you wind up with more police officers pulling in behind you, following you for a
[39:07.000 --> 39:11.000]  little while and then going somewhere else.
[39:11.000 --> 39:19.760]  Well, speaking of that, as today, I was going to the gym this morning and had another nice
[39:19.760 --> 39:25.680]  officer get right up behind me, followed me for about a mile or so.
[39:25.680 --> 39:30.920]  He was real close at first and then when I kept looking back, he kept getting further
[39:30.920 --> 39:35.720]  and further away till he just disappeared right out of my rear view mirror.
[39:35.720 --> 39:43.240]  Yeah, once you've hammered them a time or two, they tend to not want anything to do
[39:43.240 --> 39:44.240]  with you.
[39:44.240 --> 39:51.040]  And in your case, since how many hits did you get on that video you posted of the cop
[39:51.040 --> 39:52.520]  breaking out your window?
[39:52.520 --> 39:57.080]  Yeah, it's at 1.8 million right now.
[39:57.080 --> 40:03.160]  And so a lot of LEO websites too, they've been posting it around there and, you know,
[40:03.160 --> 40:08.040]  because a lot of them were trying to like bash and say, because they all label it as
[40:08.040 --> 40:10.920]  a sovereign movement, sovereign citizen and stuff.
[40:10.920 --> 40:17.560]  But, you know, I never mentioned anything about it and it's gotten a lot of traction
[40:17.560 --> 40:22.720]  and a lot of hits have turned on that thing, whether they like it or not, because I was
[40:22.720 --> 40:27.280]  never belligerent, never cussed, never said anything foul.
[40:27.280 --> 40:31.840]  And I just asked them if this was a custodial stop, am I under arrest, do you have a warrant
[40:31.840 --> 40:33.400]  for my arrest?
[40:33.400 --> 40:35.760]  And that was basically it.
[40:35.760 --> 40:40.000]  And man, they have got a problem.
[40:40.000 --> 40:47.760]  They're not going to want another 1.8 million hits on a video of one of their cops acting
[40:47.760 --> 40:49.560]  ignorant.
[40:49.560 --> 40:58.720]  So it doesn't take a 1.8 million hits on a YouTube video to get them not to want anything
[40:58.720 --> 40:59.720]  to do with you.
[40:59.720 --> 41:04.040]  And in this case, where they broke out his window, it's essentially committed assault
[41:04.040 --> 41:06.560]  against him.
[41:06.560 --> 41:12.440]  I suspect all the other officers have been warned, leave this guy alone because we don't
[41:12.440 --> 41:20.160]  want another incident like this and we don't want this guy suing us and I take it that's
[41:20.160 --> 41:21.160]  in the works.
[41:21.160 --> 41:22.160]  Oh, well, yeah.
[41:22.160 --> 41:30.080]  In fact, I was wanting to, if there's no other callers right quick, I can read you the opening
[41:30.080 --> 41:35.080]  line that I was, then we kind of went back because we got the criminal complaint against
[41:35.080 --> 41:36.080]  the cops.
[41:36.080 --> 41:40.840]  We tried to indict the judge for not letting me speak at a motion hearing with a Tarrant
[41:40.840 --> 41:41.840]  County grand jury.
[41:41.840 --> 41:43.200]  He got no bills.
[41:43.200 --> 41:44.200]  We knew that was coming.
[41:44.200 --> 41:49.600]  But now we're working on the criminal complaint against the cops and put this to a federal
[41:49.600 --> 41:52.960]  grand jury to indict the cops.
[41:52.960 --> 41:59.040]  And so if you want, I can kind of tell you that, and the main thing is when y'all are
[41:59.040 --> 42:09.520]  starting to start writing your papers is the, basically the lead in is why are you actually
[42:09.520 --> 42:12.560]  doing this and what brought you here?
[42:12.560 --> 42:16.360]  Because you don't want to sound like you're crazy and you just fell off the turnip truck
[42:16.360 --> 42:21.920]  and you're the patriot, sovereign movement, keen leader, and you're going to set the record
[42:21.920 --> 42:27.480]  straight on how the constitution was read in a court because that don't happen these
[42:27.480 --> 42:28.480]  days.
[42:28.480 --> 42:35.240]  But when I was showing this to the lady manager, she was like, oh, well, you know, everybody's
[42:35.240 --> 42:41.240]  going to think you're a patron nut because nobody really understands what's going on.
[42:41.240 --> 42:47.200]  So the thing is you want to try to make people understand what it is you're doing.
[42:47.200 --> 42:52.120]  And here it is basically the opening after, you know, I have reason to believe and do
[42:52.120 --> 42:54.120]  believe, blah, blah, blah.
[42:54.120 --> 42:58.760]  But this is what I was saying is the following is a complaint concerning certain practices
[42:58.760 --> 43:00.880]  and procedures in Texas.
[43:00.880 --> 43:07.240]  The complainant is concerned that these practices are not compliant with state law.
[43:07.240 --> 43:12.460]  This creates a serious conflict between an officer and the average person on the road.
[43:12.460 --> 43:15.520]  The problem was clear, yet the law is not.
[43:15.520 --> 43:24.200]  This ambiguity is a huge disservice to the cops and the people they are hired to protect.
[43:24.200 --> 43:29.320]  The complainant's goal is to resolve these differences so that law enforcement and we
[43:29.320 --> 43:34.720]  the people have a clear understanding of the law as written.
[43:34.720 --> 43:41.520]  And so that was I wanted to people to understand that I'm I'm wanting to educate the reader
[43:41.520 --> 43:46.360]  of what these problems are and how we address them.
[43:46.360 --> 43:51.080]  OK, hang on.
[43:51.080 --> 43:52.080]  This is.
[43:52.080 --> 43:53.080]  Oh, Mac.
[43:53.080 --> 43:54.080]  Oh, there's my clock.
[43:54.080 --> 43:56.400]  I lost my clock for a second.
[43:56.400 --> 44:00.880]  Randy Kelton, we'll radio we'll be right back.
[44:00.880 --> 44:03.160]  Hello.
[44:03.160 --> 44:08.080]  My name is Stuart Smith from NaturesPureOrganics.com, and I would like to invite you to come by
[44:08.080 --> 44:13.480]  our store at 1904 Guadalupe Street, Sweet D here in Austin, Texas, on Brave New Books
[44:13.480 --> 44:18.400]  and Chase Bank to see all our fantastic health and wellness products with your very own eyes.
[44:18.400 --> 44:22.760]  Have a look at our Miracle Healing Clay that started our adventure in alternative medicine.
[44:22.760 --> 44:26.800]  Take a peek at some of our other wonderful products, including our Australian emu oil,
[44:26.800 --> 44:34.880]  lotion candles, olive oil, soaps and colloidal silver and gold, call 512-264-4043 or find
[44:34.880 --> 44:43.320]  us online at NaturesPureOrganics.com, that's 512-264-4043, NaturesPureOrganics.com.
[44:43.320 --> 45:01.400]  Don't forget to like us on Facebook for information on events and our products, NaturesPureOrganics.com.
[45:01.400 --> 45:04.560]  Are you the plaintiff or defendant in a lawsuit?
[45:04.560 --> 45:09.800]  Win your case without an attorney with Juris Dictionary, the affordable, easy to understand
[45:09.800 --> 45:14.480]  4-CD course that will show you how in 24 hours, step-by-step.
[45:14.480 --> 45:19.040]  If you have a lawyer, know what your lawyer should be doing.
[45:19.040 --> 45:23.320]  If you don't have a lawyer, know what you should do for yourself.
[45:23.320 --> 45:28.200]  Thousands have won with our step-by-step course and now you can too.
[45:28.200 --> 45:34.960]  Juris Dictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:34.960 --> 45:39.600]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[45:39.600 --> 45:43.760]  principles and practices that control our American courts.
[45:43.760 --> 45:49.960]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.960 --> 45:52.200]  pro se tactics, and much more.
[45:52.200 --> 46:00.000]  Please visit RuleOfLawRadio.com and click on the banner or call toll-free, 866-LAW-EZ.
[46:00.000 --> 46:19.800]  Okay.
[46:19.800 --> 46:20.800]  We are back.
[46:20.800 --> 46:24.600]  Randy Kelton with the radio and we're talking to Scott in Texas.
[46:24.600 --> 46:27.200]  Okay, Scott, go ahead.
[46:27.200 --> 46:28.200]  Okay.
[46:28.200 --> 46:35.240]  So that was basically the lead-in sentence and now this is the part that Randy helped
[46:35.240 --> 46:36.240]  me out.
[46:36.240 --> 46:39.360]  He worked in and this was pretty much the lead-in.
[46:39.360 --> 46:43.720]  I just kind of tweaked it just a little bit just to see maybe, but let me just read it
[46:43.720 --> 46:44.720]  for you real quick.
[46:44.720 --> 46:49.600]  It's real short, so it's on a pillicum, but after it says I've been stopped by an officer,
[46:49.600 --> 46:51.480]  blah, blah, blah, for speeding.
[46:51.480 --> 46:52.480]  Okay.
[46:52.480 --> 46:56.200]  Complaint has been studying the traffic codes and found that it is clear that the state
[46:56.200 --> 47:02.600]  may only license commercial professionals like lawyers, doctors, plumbers, electricians,
[47:02.600 --> 47:04.360]  and so forth.
[47:04.360 --> 47:11.000]  Complaintant had a regular state-issued license, considered by the state as a commercial chauffeur's
[47:11.000 --> 47:14.000]  license, which is a dual license.
[47:14.000 --> 47:20.760]  This license grants the authority to transport up to eight people for compensation or hire.
[47:20.760 --> 47:25.920]  At the time, Complaintant was not using his commercial license, but rather was traveling.
[47:25.920 --> 47:31.560]  Therefore, Complaintant calmly and politely asked questions to the officer to determine
[47:31.560 --> 47:38.800]  whether or not he had reason to believe Complaintant was acting in commerce and violating state
[47:38.800 --> 47:39.800]  law.
[47:39.800 --> 47:42.280]  And then the rest is just a complaint.
[47:42.280 --> 47:50.240]  But the whole thing with that, the first couple of sentences was to lead the reader into understanding
[47:50.240 --> 48:00.760]  what the problem is, how the problem is, is unclear why the actual person, me, had questioned
[48:00.760 --> 48:09.040]  the officer because I had reason to believe after studying the code that there was a discrepancy.
[48:09.040 --> 48:16.480]  And I wanted to address this discrepancy in a calm, polite manner so you didn't look like
[48:16.480 --> 48:21.600]  you're sitting there cussing, you don't have the back to pull me, you're not doing that.
[48:21.600 --> 48:28.360]  You're actually trying to present a case in a calm, presented manner.
[48:28.360 --> 48:31.920]  And so what do you think?
[48:31.920 --> 48:45.640]  Well, the 1.8 million hits on the YouTube video probably kind of speaks for itself.
[48:45.640 --> 48:54.320]  And it has been my experience that policemen are trained to take absolute total control
[48:54.320 --> 48:56.520]  of a situation.
[48:56.520 --> 49:04.200]  They're trained to believe that if they don't secure absolute unquestioning obedience to
[49:04.200 --> 49:10.800]  every order barked at a person, then they're to fear for their lives.
[49:10.800 --> 49:13.240]  And that seems to be exactly what they do.
[49:13.240 --> 49:19.760]  If you don't do exactly what you're told, the instant you're told, the first reaction
[49:19.760 --> 49:24.600]  the policeman has is he moves his hand toward his pistol.
[49:24.600 --> 49:34.320]  I had a friend who retired from a local police department and he said in 20 years as a police
[49:34.320 --> 49:38.880]  officer, he never once had to pull his weapon.
[49:38.880 --> 49:44.200]  He said there are plenty of opportunities where he could have, but they always found
[49:44.200 --> 49:50.760]  other ways of handling situations rather than using his pistol.
[49:50.760 --> 49:56.960]  Policemen the last 20 years or so have been trained to go to the pistol as a first stop
[49:56.960 --> 50:03.720]  resort instead of the last resort, and we need to get that fixed.
[50:03.720 --> 50:09.920]  And we're working on it, Scott is going to file against the officer first degree felony
[50:09.920 --> 50:11.880]  aggravated assault.
[50:11.880 --> 50:19.920]  And the reason he can do that, and actually I just filed with the Texas ranger, first
[50:19.920 --> 50:31.120]  degree felony aggravated assault against my local district judge, because while trying
[50:31.120 --> 50:42.120]  to exercise a statutory right, I was threatened with arrest by the judge and he sent a bailiff
[50:42.120 --> 50:49.000]  to carry out the arrest and the bailiff actually put his hand on my arm while the bailiff was
[50:49.000 --> 50:52.520]  prominently displaying a deadly weapon.
[50:52.520 --> 51:03.480]  It is my allegation that the judge threatened me with arrest by this armed bailiff for the
[51:03.480 --> 51:10.040]  purpose of preventing me from exercising a constitutional right.
[51:10.040 --> 51:20.560]  Now our legislature considered that pistol, that police officer was so prominently displayed
[51:20.560 --> 51:29.040]  as very serious business and they made it clear that when that officer straps that pistol
[51:29.040 --> 51:39.160]  on, he straps on a considerable responsibility and here's how they made it clear, 2202 B2A
[51:39.160 --> 51:41.920]  Texas Penal Code.
[51:41.920 --> 51:52.920]  If a person commits simple assault under 2201 Texas Penal Code, which is a class C misdemeanor
[51:52.920 --> 51:59.440]  and they are prominently displaying a deadly weapon, now simple assault is offensive language
[51:59.440 --> 52:04.320]  or offensive touching, does not require injury.
[52:04.320 --> 52:11.440]  If they commit simple assault while prominently displaying a deadly weapon, that's a felony
[52:11.440 --> 52:22.080]  of the second degree, unless they are a public servant acting under the color, meaning pretense
[52:22.080 --> 52:29.840]  of an official capacity, in which case it is a felony of the first degree.
[52:29.840 --> 52:37.080]  Our legislature, the legislators considered the use of that weapon by a public official
[52:37.080 --> 52:41.640]  to be very serious business.
[52:41.640 --> 52:50.880]  Now Judge Faustel, district judge in 271st District Wise County, Texas, threatened to
[52:50.880 --> 52:57.360]  have me arrested by a bailiff who was prominently displaying a deadly weapon.
[52:57.360 --> 53:06.160]  So since the bailiff was acting at the behest of the judge, the judge is responding at superior.
[53:06.160 --> 53:08.780]  He was acting in concert and collusion.
[53:08.780 --> 53:16.600]  So I filed the complaint with my local Texas ranger and Scott, I'm glad you gave me a lead
[53:16.600 --> 53:21.040]  into this because it was something I have been wanting to address.
[53:21.040 --> 53:30.680]  The Texas Rangers historically have been forbidden to investigate a public official without the
[53:30.680 --> 53:37.960]  express written permission of the director of the Department of Public Safety itself.
[53:37.960 --> 53:51.440]  Well, last year, last September, Texas government code 411 went into, was passed into law and
[53:51.440 --> 53:54.480]  it became effective in September.
[53:54.480 --> 54:02.080]  And the legislature, what that one did was took away the ability of the prosecutor attorney's
[54:02.080 --> 54:07.040]  public integrity unit to investigate public officials and gave that authority to the Texas
[54:07.040 --> 54:08.840]  Rangers.
[54:08.840 --> 54:14.200]  And the Texas Rangers set up a set of protocols, they were required by statute.
[54:14.200 --> 54:18.600]  And I questioned our local ranger about these protocols.
[54:18.600 --> 54:25.480]  And he said their protocol is, is that they only investigates something if they're requested
[54:25.480 --> 54:29.200]  to by the district attorney.
[54:29.200 --> 54:34.440]  And I questioned that because I read the statute and the statute didn't say that.
[54:34.440 --> 54:37.960]  Well, that's our protocol.
[54:37.960 --> 54:44.720]  And I assured him that I wanted our Texas Rangers to be more independent.
[54:44.720 --> 54:51.760]  And it appeared the legislature wanted our Rangers to be more independent.
[54:51.760 --> 55:00.320]  But the politicians in office helped craft these protocols to circumvent the statute.
[55:00.320 --> 55:07.240]  So I'm going to bring you a verified criminal affidavit accusing the public official of
[55:07.240 --> 55:08.240]  a crime.
[55:08.240 --> 55:12.480]  He said, well, I don't, I won't accept it because I don't care what you do.
[55:12.480 --> 55:15.840]  What I'm going to do is invoke your duty.
[55:15.840 --> 55:24.000]  And then I questioned him because the Texas administrative code that creates the Department
[55:24.000 --> 55:34.920]  of Public Safety designates the Department of Public Safety personnel as police officers,
[55:34.920 --> 55:37.640]  as opposed to peace officers.
[55:37.640 --> 55:45.480]  And as a police officer, the Department of Public Safety personnel can enforce the traffic
[55:45.480 --> 55:48.780]  code.
[55:48.780 --> 55:56.000]  As a now a peace officer can enforce the criminal laws, not a DPS officer.
[55:56.000 --> 56:05.320]  The code specifically stipulates the Department of Public Safety shall not enforce the criminal
[56:05.320 --> 56:13.200]  laws except at the request of and under the direction of local law enforcement.
[56:13.200 --> 56:18.560]  And that's because these guys were police officers, not peace officers.
[56:18.560 --> 56:25.120]  Now they may have a peace officer certification, but they were not employed as peace officers.
[56:25.120 --> 56:30.480]  You know, there are security guards who are also policemen, but when they're a security
[56:30.480 --> 56:32.640]  guard, they're not a policeman.
[56:32.640 --> 56:37.200]  Yeah, they're a certified peace officer, but they're not at that time employed in that
[56:37.200 --> 56:38.200]  capacity.
[56:38.200 --> 56:45.960]  DPS officers are not employed in the capacity of police officers, I'm sorry, of peace officers.
[56:45.960 --> 56:52.920]  They're employed as police officers, traffic cops, Texas Rangers, Texas Rangers are part
[56:52.920 --> 56:56.020]  of the Department of Public Safety.
[56:56.020 --> 57:01.840]  So I asked the Ranger, are you a certified peace officer within the state of Texas?
[57:01.840 --> 57:04.280]  He said, yes, I am.
[57:04.280 --> 57:14.400]  I said, are you employed in the capacity of a peace officer or in the capacity of a police
[57:14.400 --> 57:15.400]  officer?
[57:15.400 --> 57:17.280]  He said a peace officer.
[57:17.280 --> 57:18.280]  Okay.
[57:18.280 --> 57:22.800]  I'm not sure if he's right about that, but I'll accept that.
[57:22.800 --> 57:28.120]  So as a peace officer under 2.13 Texas Code of Criminal Procedure, he has a duty to enforce
[57:28.120 --> 57:29.120]  law.
[57:29.120 --> 57:36.680]  And when I make it known to him by a verified criminal affidavit that a crime has been committed,
[57:36.680 --> 57:40.000]  that invokes his duty to enforce law.
[57:40.000 --> 57:43.280]  So he's going to refuse to perform that duty.
[57:43.280 --> 57:45.920]  That works for me, Bubba.
[57:45.920 --> 57:52.320]  Then I go back and I filed against him for shielding from prosecution, violation of 3805
[57:52.320 --> 57:53.320]  penal code.
[57:53.320 --> 57:57.200]  That's a felony in the state of Texas.
[57:57.200 --> 57:59.520]  So you don't want to do your job?
[57:59.520 --> 58:01.160]  Well, that's our protocol.
[58:01.160 --> 58:02.480]  I don't care about your protocol.
[58:02.480 --> 58:04.360]  You got your protocol.
[58:04.360 --> 58:05.720]  I got my constitution.
[58:05.720 --> 58:11.600]  I got my statutes and I got my ability to ensure you abide by my statutes.
[58:11.600 --> 58:18.840]  So I'm going to go after the Ranger and then let the Ranger make the argument that he is
[58:18.840 --> 58:22.600]  acting in good faith, reliance on competent authority and we'll see how far that gets
[58:22.600 --> 58:23.600]  it.
[58:23.600 --> 58:31.960]  Hang on, Randy Kelton, Wheel of Law Radio, our call in number 512-646-1984, give us a
[58:31.960 --> 58:32.960]  call.
[58:32.960 --> 58:36.120]  We're, I think we're going to top the hour break.
[58:36.120 --> 58:37.920]  This is our three minute break.
[58:37.920 --> 58:45.400]  So it's a real good time to go see our sponsors and help support this radio station and especially
[58:45.400 --> 58:48.160]  donate to Randy's beer fund.
[58:48.160 --> 58:50.320]  We'll be right back.
[58:50.320 --> 58:54.480]  Would you like to make more definite progress in your walk with God?
[58:54.480 --> 58:59.680]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.680 --> 59:01.000]  can really help.
[59:01.000 --> 59:05.440]  The New Testament Recovery Version is one of the most comprehensive study Bibles available
[59:05.440 --> 59:06.440]  today.
[59:06.440 --> 59:10.360]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.360 --> 59:13.480]  to know God and to know the meaning of life.
[59:13.480 --> 59:18.720]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:18.720 --> 59:23.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.000 --> 59:27.920]  of salvation, growing in Christ and how to build up the church.
[59:27.920 --> 59:32.940]  To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:32.940 --> 59:45.720]  Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102 or visit
[59:45.720 --> 59:48.800]  us online at bfa.org.
[59:48.800 --> 01:00:02.600]  Live, free speech radio, logosradionetwork.com.
[01:00:02.600 --> 01:00:07.800]  The following use flash is brought to you by the Lone Star Lowdown, providing your daily
[01:00:07.800 --> 01:00:09.800]  bulletins for the commodity market.
[01:00:09.800 --> 01:00:23.160]  Today in history, news updates and the inside scoop into the tides of the alternatives.
[01:00:23.160 --> 01:00:28.240]  Markets for Wednesday, March 2nd, 2016 are currently treading with gold at $1,240 an
[01:00:28.240 --> 01:00:35.600]  ounce, silver $14.98 an ounce, Texas crude $34.40 a barrel and Bitcoin is currently sitting
[01:00:35.600 --> 01:00:44.240]  at about $429 U.S. currency.
[01:00:44.240 --> 01:00:49.240]  Today in history, the year 1807, the U.S. Congress passes an act to prohibit the importation
[01:00:49.240 --> 01:00:53.040]  of slaves into any port or place within the jurisdiction of the United States.
[01:00:53.040 --> 01:00:57.240]  However, the widespread trade of slaves within the South was not prohibited since the children
[01:00:57.240 --> 01:00:59.840]  of slaves automatically became slaves themselves.
[01:00:59.840 --> 01:01:05.460]  The act prohibiting importation of slaves of 1807 went into effect January 1st, 1808.
[01:01:05.460 --> 01:01:12.760]  The beginning of U.S. abolition was today in history.
[01:01:12.760 --> 01:01:16.640]  In recent news, President Obama and First Lady Michelle Obama will both appear later
[01:01:16.640 --> 01:01:18.680]  this month at South by Southwest.
[01:01:18.680 --> 01:01:22.440]  The president is scheduled to take part in a discussion on March 11th with Evan Smith,
[01:01:22.440 --> 01:01:27.400]  editor of the Texas Tribune, on civic engagement and the role of innovative technology in increasing
[01:01:27.400 --> 01:01:31.920]  participation in politics and even solving major problems like climate change.
[01:01:31.920 --> 01:01:36.200]  On March 16th, the First Lady will be discussing her Let Girls Learn initiative, which aims
[01:01:36.200 --> 01:01:41.540]  to help an estimated 62 million girls around the world have access to basic higher education.
[01:01:41.540 --> 01:01:46.080]  This will make the Obamas, the First President and First Lady to appear at South by Southwest
[01:01:46.080 --> 01:01:52.200]  in its 30-year history.
[01:01:52.200 --> 01:01:57.680]  Lawyer Jose Refugio Rodriguez said today that his client, drug lord Joaquin El Chapo Guzman,
[01:01:57.680 --> 01:02:01.440]  said he wants to be extradited as soon as possible to the United States because guards
[01:02:01.440 --> 01:02:05.120]  at the Mexican maximum security prison aren't letting him sleep.
[01:02:05.120 --> 01:02:09.080]  Mr. Rodriguez is wanting to negotiate with the U.S. authorities for a lighter sentence
[01:02:09.080 --> 01:02:11.200]  in a state and medium security prison.
[01:02:11.200 --> 01:02:15.640]  Instead, Radio Formula reported El Chapo fears that his health will worsen because of the
[01:02:15.640 --> 01:02:19.680]  isolated conditions in the Mexican prison and the possibility that the lack of sleep
[01:02:19.680 --> 01:02:22.040]  could cause a heart attack or a stroke.
[01:02:22.040 --> 01:02:30.360]  The process of extradition may take up to a year.
[01:02:30.360 --> 01:02:34.720]  The world's biggest seller of corn and soybean seeds and the maker of Roundup weed killer
[01:02:34.720 --> 01:02:37.900]  Monsanto Corporation issued a profit warning today.
[01:02:37.900 --> 01:02:42.600]  They're forecasting a cut to the midpoint of its fiscal 2006 profit by at least 11 percent.
[01:02:42.600 --> 01:02:47.680]  This is after they announced laying off 3,600 employees, roughly 16 percent of its global
[01:02:47.680 --> 01:02:48.680]  workforce.
[01:02:48.680 --> 01:02:52.780]  Monsanto shares recently went down 7.5 percent and have shed a total of 29 percent during
[01:02:52.780 --> 01:03:01.120]  the past year, this was both roadie with your lowdown for March 2nd, 2016.
[01:03:01.120 --> 01:03:30.840]  Okay, we are back, Randy Kelton with our radio and when we went out we were talking about
[01:03:30.840 --> 01:03:39.260]  how to get the Texas Rangers in a position to where they're not under the thumb of prosecuting
[01:03:39.260 --> 01:03:49.980]  attorneys and while this Texas Ranger may not like the process, this is the most effective
[01:03:49.980 --> 01:03:57.460]  way I can see to demonstrate the problem with the issue.
[01:03:57.460 --> 01:04:04.340]  I live in Weiss County, Texas and I'm pretty well known around the courthouse, especially
[01:04:04.340 --> 01:04:14.500]  the district attorney, he knows me real well and I've already warned him that this is coming,
[01:04:14.500 --> 01:04:22.360]  so he will immediately recuse himself and then they'll have to appoint a prosecutor
[01:04:22.360 --> 01:04:33.940]  pro tem and when the prosecutor pro tem tells the Ranger not to pursue and not to investigate
[01:04:33.940 --> 01:04:43.300]  or file the criminal complaint, then I get to file against the prosecutor pro tem.
[01:04:43.300 --> 01:04:49.580]  Eventually wind up bringing this complaint to the grand jury myself and this is a great
[01:04:49.580 --> 01:04:58.060]  complaint to bring because I was trying to challenge the grand jury pool, now that's
[01:04:58.060 --> 01:05:03.580]  in the code but I've never heard of anybody doing it and when I went down to challenge
[01:05:03.580 --> 01:05:09.220]  the grand jury pool, the judge just impaneled the grand jury without giving me opportunity,
[01:05:09.220 --> 01:05:17.500]  that's what precipitated all this, seems like a minor little thing, just a minor technical
[01:05:17.500 --> 01:05:19.900]  little issue.
[01:05:19.900 --> 01:05:29.340]  Well I want to demonstrate to him how deep it gets when you start messing with one of
[01:05:29.340 --> 01:05:38.460]  the masters of the servants, he's the servant, I'm the master and he wants to play fast and
[01:05:38.460 --> 01:05:43.140]  loose with his authority, we'll see how that works out for him.
[01:05:43.140 --> 01:05:50.140]  Now once before I filed making a terroristic threat against him and he kind of hates me
[01:05:50.140 --> 01:05:56.020]  for that, well he's going to hate me even worse when we get done with this one because
[01:05:56.020 --> 01:06:01.820]  once I work this through the system, this is all about testing law, if we can get this
[01:06:01.820 --> 01:06:10.740]  to work out right, if I can get this Ranger to scream bloody murder when I come after
[01:06:10.740 --> 01:06:20.900]  him criminally and come after him for following policy, he is not going to be a happy camper.
[01:06:20.900 --> 01:06:30.180]  We may well encourage the Department of Public Safety to reset their protocols so that they
[01:06:30.180 --> 01:06:34.980]  don't go to the prosecuting attorney and get his permission to investigate the public official,
[01:06:34.980 --> 01:06:40.980]  if we can get that done, we change everything, does that make sense Scott?
[01:06:40.980 --> 01:06:49.100]  Oh I wholeheartedly agree, I was just, you know I heard one time, correct me if I'm wrong,
[01:06:49.100 --> 01:06:58.660]  that what if like 24 people came into a courtroom, isn't there a way that they can convene their
[01:06:58.660 --> 01:07:01.380]  own grand jury?
[01:07:01.380 --> 01:07:09.220]  I've heard that, but I've never found any credible substance to it.
[01:07:09.220 --> 01:07:12.460]  I haven't either, but I've heard it.
[01:07:12.460 --> 01:07:19.340]  Yeah well, you hear a lot of stuff out there and when you try to convene a grand jury,
[01:07:19.340 --> 01:07:20.340]  you...
[01:07:20.340 --> 01:07:27.540]  But the judge has the authority to set a grand jury, because I was reading up on grand juries
[01:07:27.540 --> 01:07:40.380]  and stuff, I mean, you know, he has the authority to set a grand jury, but he, I mean, it just,
[01:07:40.380 --> 01:07:41.380]  I don't know.
[01:07:41.380 --> 01:07:52.620]  Okay, a judge can, a district judge, consecrates the grand jury, that's what Scalia called
[01:07:52.620 --> 01:07:53.620]  it.
[01:07:53.620 --> 01:08:01.060]  It's a grand, it's a, a district judge will impanel the grand jury, but what, once that
[01:08:01.060 --> 01:08:08.180]  grand jury is impaneled, then the judge has nothing to do with it.
[01:08:08.180 --> 01:08:16.980]  They're a separate entity, Scalia called it a fourth branch of government, they are independent
[01:08:16.980 --> 01:08:25.060]  of the district court, they're an entity into themselves, well, prosecutors really don't
[01:08:25.060 --> 01:08:31.700]  like that, they would rather make the determination of whether to pursue prosecution or not.
[01:08:31.700 --> 01:08:35.860]  They don't like having to take this to a grand jury, because they're the ones that have to
[01:08:35.860 --> 01:08:41.820]  prosecute and they feel like they're the ones that should make the decision as to whether
[01:08:41.820 --> 01:08:47.340]  or not there's sufficient evidence to warrant a prosecution, but our legislators knew better
[01:08:47.340 --> 01:08:49.140]  than that.
[01:08:49.140 --> 01:08:54.260]  They knew that that was not the criteria that would be most important to the prosecuting
[01:08:54.260 --> 01:08:57.060]  attorney.
[01:08:57.060 --> 01:09:05.940]  They put statutory requirements in there to ensure that justice was his purpose, 2.01
[01:09:05.940 --> 01:09:11.200]  Texas Code of Criminal Procedure says it shall be to do with prosecuting attorney not to
[01:09:11.200 --> 01:09:18.620]  secure conviction, but to ensure that justice is served, it shall not be a secret witness
[01:09:18.620 --> 01:09:21.940]  or evidence, it shall ensure the innocence of the accused to mitigate the guilt of the
[01:09:21.940 --> 01:09:22.940]  accused.
[01:09:22.940 --> 01:09:27.940]  Now that's paraphrasing somewhat because it's a little more long and cutting line than that,
[01:09:27.940 --> 01:09:36.820]  but that's just what it requires, well, however honest and conscientious the prosecutor may
[01:09:36.820 --> 01:09:46.020]  be, at the end of the day, he has a caseload that he has to clear.
[01:09:46.020 --> 01:09:52.500]  While he may want everything to be just and correct and exactly the way the law requires,
[01:09:52.500 --> 01:09:57.020]  he's still got this caseload that he's got to clear.
[01:09:57.020 --> 01:10:03.200]  So at the end of the day, what he's interested in is making a deal.
[01:10:03.200 --> 01:10:10.460]  So when he evaluates a case, he doesn't evaluate it based on sufficient probable cause.
[01:10:10.460 --> 01:10:19.820]  He evaluates it based on how difficult it's going to be for him to prosecute and how likely
[01:10:19.820 --> 01:10:24.780]  is it for him to be able to create a deal out of this.
[01:10:24.780 --> 01:10:32.180]  Do you know what the conviction, the average conviction rate in the state of Texas for
[01:10:32.180 --> 01:10:36.820]  all crimes across the board?
[01:10:36.820 --> 01:10:42.140]  The average conviction rate is probably like 95%.
[01:10:42.140 --> 01:10:46.380]  99.6.
[01:10:46.380 --> 01:10:48.780]  That's even scarier.
[01:10:48.780 --> 01:10:57.500]  It rounds up to a hundred, worst police state the world has ever seen and nobody even knows.
[01:10:57.500 --> 01:11:05.620]  The reason is 99.6 is because everybody takes a deal and the reason everybody takes a deal
[01:11:05.620 --> 01:11:11.540]  is every step from arrest to trial, as presently practiced in Texas, is not only wrong, it
[01:11:11.540 --> 01:11:20.140]  is very specifically against particular law and if you look on jurisimprudence.com, there
[01:11:20.140 --> 01:11:27.860]  is a writ of habeas corpus I prepared for a kid in Conroe several years ago and that
[01:11:27.860 --> 01:11:34.300]  walks through the code and demonstrates the difference between the code and the practice
[01:11:34.300 --> 01:11:41.460]  and it shows how every step is not just against law, it's against law for a very specific
[01:11:41.460 --> 01:11:44.340]  reason.
[01:11:44.340 --> 01:11:49.340]  The practices and procedures that they used are structured the way they are to place any
[01:11:49.340 --> 01:11:55.940]  person accused of a crime into position such that he has no reasonable option other than
[01:11:55.940 --> 01:11:58.940]  to take a deal.
[01:11:58.940 --> 01:12:04.620]  So the prosecution wants to make a deal and that's why grand jury is in place.
[01:12:04.620 --> 01:12:09.420]  Grand jury don't care if he makes a deal or not, they care about whether or not there's
[01:12:09.420 --> 01:12:16.500]  sufficient probable cause and we need to get back to the grand jury, especially with public
[01:12:16.500 --> 01:12:17.500]  officials.
[01:12:17.500 --> 01:12:23.140]  These officials have went to great trouble to shield themselves from it and we want to
[01:12:23.140 --> 01:12:24.140]  break that down.
[01:12:24.140 --> 01:12:25.140]  Go ahead.
[01:12:25.140 --> 01:12:32.780]  All right, you got any more callers, but are you need to...
[01:12:32.780 --> 01:12:37.740]  Yeah, I've got a full board, I was just going to dump you like a hot rock.
[01:12:37.740 --> 01:12:41.740]  All right, tear them up, we all have fun now, good night.
[01:12:41.740 --> 01:12:43.220]  Okay, thank you Scott.
[01:12:43.220 --> 01:12:50.700]  Okay, now we're going to go to Rob in New Mexico, hello Rob, what are you up to these
[01:12:50.700 --> 01:12:51.700]  days?
[01:12:51.700 --> 01:12:54.700]  Huffing diesel fumes.
[01:12:54.700 --> 01:13:00.940]  Wait, say that again, miss that.
[01:13:00.940 --> 01:13:03.300]  I said huffing diesel fumes.
[01:13:03.300 --> 01:13:05.540]  Oh, okay.
[01:13:05.540 --> 01:13:19.220]  So how is your, oh, finally got that, diesel fumes, see Rob is a truck driver, so if he
[01:13:19.220 --> 01:13:29.180]  sounds kind of strange sometimes, that's because diesel fumes cause deadheading.
[01:13:29.180 --> 01:13:38.220]  That's one of my funny truck driver jokes in case nobody got it, oh well, okay.
[01:13:38.220 --> 01:13:43.180]  How is your foreclosure issue going in your suit against the lender?
[01:13:43.180 --> 01:13:51.660]  Well, okay, just to clarify, it's not a foreclosure or a lender, it's a two party seller finance
[01:13:51.660 --> 01:13:58.060]  contract, real estate contract, so there's no loan, there's no actual foreclosure, all
[01:13:58.060 --> 01:14:03.780]  they have to do is file the special warranty deed and a notice of default, which they have
[01:14:03.780 --> 01:14:10.140]  done, but they did it after I filed a notice of seller's default and they did it after
[01:14:10.140 --> 01:14:17.660]  I sued the second servicer under the unfair practices act.
[01:14:17.660 --> 01:14:24.940]  So where we're at right now is having a motion hearing coming up next Monday the 14th for
[01:14:24.940 --> 01:14:31.460]  a motion to dismiss from the original escrow servicer and a motion to dismiss the-
[01:14:31.460 --> 01:14:36.980]  Wait a minute, whose motion?
[01:14:36.980 --> 01:14:44.500]  The original escrow servicer filed a motion to dismiss because I sued them, I sued the
[01:14:44.500 --> 01:14:51.340]  original servicer, the lenders, or I'm sorry, not the lenders because they're not lenders,
[01:14:51.340 --> 01:14:58.140]  but the sellers, I sued the seller's real estate company and I sued the seller's son
[01:14:58.140 --> 01:15:00.620]  who is the broker.
[01:15:00.620 --> 01:15:10.860]  Okay, the motion to dismiss, is that only with the one party or is it all parties?
[01:15:10.860 --> 01:15:19.260]  There is the escrow servicer and its owner who I sued personally, his name is Rick Tom,
[01:15:19.260 --> 01:15:24.780]  so security escrow and Rick Tom, the owner of security escrow, I sued them, they filed
[01:15:24.780 --> 01:15:26.580]  a motion to dismiss.
[01:15:26.580 --> 01:15:35.740]  I sued their attorney, Peter E. Springer and his fake company real estate law associates
[01:15:35.740 --> 01:15:38.700]  and they filed a motion to dismiss.
[01:15:38.700 --> 01:15:45.980]  Now this attorney works out of the escrow company's offices, his web search for him
[01:15:45.980 --> 01:15:51.660]  on the internet comes up with the escrow company as a result, it's the only result you get
[01:15:51.660 --> 01:15:57.540]  when you search for him online, so it automatically redirects to the escrow company.
[01:15:57.540 --> 01:16:02.460]  So I'm claiming that he is a part of the escrow company doing escrow business, he's claiming
[01:16:02.460 --> 01:16:06.180]  that he's not doing escrow business if he's an attorney.
[01:16:06.180 --> 01:16:14.220]  Now my question on this part is that the escrow company through their attorney completely
[01:16:14.220 --> 01:16:21.180]  misrepresented the facts of my complaint, so I filed a motion for sanctions against
[01:16:21.180 --> 01:16:24.580]  them and their attorney.
[01:16:24.580 --> 01:16:31.540]  Now I'm wondering should I file a criminal complaint against him for perjury?
[01:16:31.540 --> 01:16:42.700]  Wait a minute, were you asking should you or are you going to, but hang on, let's pick
[01:16:42.700 --> 01:16:47.620]  this part back up, when we get back on the other side, this is Randy Kelton with Blue
[01:16:47.620 --> 01:17:00.420]  Wild Radio, I call that number, 512-646-1984 and we'll be right back.
[01:17:00.420 --> 01:17:04.700]  Did you know that the Logos Radio Network is a truly listener supported radio network
[01:17:04.700 --> 01:17:09.220]  on top of the on air talents, producers and other hard working individuals working behind
[01:17:09.220 --> 01:17:10.220]  the scenes.
[01:17:10.220 --> 01:17:13.700]  The Logos Radio Network is kept on the air by the generous support of listeners like
[01:17:13.700 --> 01:17:18.020]  you and we appreciate our loyal listeners making contributions every year on our annual
[01:17:18.020 --> 01:17:22.260]  fundraisers which help keep the lights on and Logos Radio Network on the air.
[01:17:22.260 --> 01:17:28.060]  The 2016 fundraiser has been extended to March 17th, head on over to logosradionetwork.com
[01:17:28.060 --> 01:17:32.860]  to make your contribution, every $25 donation enters you for a chance to win prizes from
[01:17:32.860 --> 01:17:37.860]  Central Texas Gunworks, first prize being a Spikes Skull Lower Receiver, second prize
[01:17:37.860 --> 01:17:42.540]  being a Taurus Curve and if you donate your $25 contribution early enough, you'll also
[01:17:42.540 --> 01:17:47.780]  receive a complimentary jar of My Magic Mud, donations by all major credit cards are accepted
[01:17:47.780 --> 01:17:50.140]  as well as contributions by Bitcoin.
[01:17:50.140 --> 01:17:55.740]  The Logos Radio Network fundraiser now through March 17th, head on over to logosradionetwork.com
[01:17:55.740 --> 01:18:00.380]  for more information and to donate to keep the Logos Radio Network on the air.
[01:18:00.380 --> 01:18:05.060]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
[01:18:05.060 --> 01:18:09.220]  Stop debt collectors now with the Michael Mears Proven Method.
[01:18:09.220 --> 01:18:13.540]  Michael Mears has won six cases in federal court against debt collectors and now you
[01:18:13.540 --> 01:18:14.860]  can win too.
[01:18:14.860 --> 01:18:19.380]  You'll get step-by-step instructions in plain English on how to win in court using federal
[01:18:19.380 --> 01:18:25.140]  civil rights statutes, what to do when contacted by phone, mail or court summons, how to answer
[01:18:25.140 --> 01:18:29.780]  letters and phone calls, how to get debt collectors out of your credit report, how to turn the
[01:18:29.780 --> 01:18:33.980]  financial tables on them and make them pay you to go away.
[01:18:33.980 --> 01:18:38.780]  The Michael Mears Proven Method is the solution for how to stop debt collectors.
[01:18:38.780 --> 01:18:41.220]  Personal consultation is available as well.
[01:18:41.220 --> 01:18:46.740]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[01:18:46.740 --> 01:18:49.740]  or email michaelmears at yahoo.com.
[01:18:49.740 --> 01:18:58.740]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[01:18:58.740 --> 01:18:59.740]  collectors now.
[01:18:59.740 --> 01:19:10.180]  This is the Logos, Logos Radio Net Radio Network.
[01:19:10.180 --> 01:19:21.620]  Ain't gonna blame me Don't blame me
[01:19:21.620 --> 01:19:36.220]  Ain't gonna fool me with that same old trick again
[01:19:36.220 --> 01:19:43.780]  I was blindsided but now I can see your plans You put the fear in my pocket
[01:19:43.780 --> 01:19:52.780]  Lookin' money from my ass Ain't gonna fool me with that same old trick
[01:19:52.780 --> 01:20:11.780]  again Ain't gonna
[01:20:11.780 --> 01:20:29.500]  fool me with that same old trick again
[01:20:29.500 --> 01:20:40.500]  Ain't gonna fool me with that same old trick again
[01:20:40.500 --> 01:20:42.500]  Last part were you asking
[01:20:43.100 --> 01:20:51.420]  Should you file criminal charges against the officer the lawyer for perjury or did you say you or you say?
[01:20:51.820 --> 01:20:53.820]  Did fall concerns?
[01:20:54.380 --> 01:20:56.380]  I'm asking if I should
[01:20:57.540 --> 01:20:59.300]  Absolutely
[01:20:59.300 --> 01:21:02.140]  Okay, I'm about to do that to a
[01:21:03.380 --> 01:21:07.100]  lawyer here where I filed a quiet title action and
[01:21:07.100 --> 01:21:13.300]  And three months four months later. He filed a removal claiming that he wasn't served
[01:21:15.500 --> 01:21:17.500]  But I've got emails
[01:21:18.660 --> 01:21:20.660]  Showing that he was served
[01:21:22.220 --> 01:21:25.100]  Week after I filed a suit he called me
[01:21:26.900 --> 01:21:32.380]  So even if he claims that he wasn't properly served he had notice anyway
[01:21:32.380 --> 01:21:40.740]  And he made a lot of statements that were just absolutely untrue so I'm going to sting him good
[01:21:42.220 --> 01:21:46.860]  Okay, good. I'll do that now my next question is
[01:21:48.740 --> 01:21:51.340]  They're they're whining that I called
[01:21:51.780 --> 01:21:56.460]  What they say is conversion that I called it theft and they're claiming that it should be
[01:21:56.460 --> 01:22:01.860]  That the death claim should be dismissed for that. That's not a valid reason, right?
[01:22:01.860 --> 01:22:05.900]  I mean if the facts are there, it doesn't matter what I called it
[01:22:06.220 --> 01:22:10.580]  Right. It is what it is and the words you used up as it
[01:22:11.140 --> 01:22:15.380]  Make a difference. Did you claim theft as a?
[01:22:16.700 --> 01:22:22.500]  Wait a minute. Wait a minute. Hold on conversion you reference the term from conversion
[01:22:22.500 --> 01:22:26.020]  In Texas
[01:22:28.020 --> 01:22:30.020]  Okay, go ahead
[01:22:30.780 --> 01:22:32.780]  Okay in New Mexico
[01:22:32.980 --> 01:22:38.500]  Apparently conversion is the civil version of stealing somebody's stuff
[01:22:39.100 --> 01:22:42.860]  that's exactly where I was going to go because the
[01:22:43.940 --> 01:22:45.860]  Used to be that
[01:22:45.860 --> 01:22:48.140]  Stealing someone's property was conversion
[01:22:48.140 --> 01:22:54.180]  The real problem, but if they changed it, so now it's stealing somebody's real property is theft
[01:22:54.900 --> 01:23:01.940]  And the civil version is conversion. So you claimed conversion and theft or just conversion?
[01:23:02.620 --> 01:23:06.180]  I claim they stole my stuff and I called it
[01:23:07.020 --> 01:23:13.900]  They complained in their motion to dismiss that I misnamed it and that I should have called it conversion and that
[01:23:13.900 --> 01:23:20.820]  You know, that's one of their reasons for why my complaint should be dismissed because I didn't call it conversion. I called it theft
[01:23:22.580 --> 01:23:24.580]  Well
[01:23:24.620 --> 01:23:26.460]  The
[01:23:26.460 --> 01:23:32.580]  Courts, I'm sure for New Mexico is the same so I required to consider a
[01:23:33.780 --> 01:23:36.780]  Motion of pleading for what it is not what it's called
[01:23:36.780 --> 01:23:44.860]  Yeah, that's not likely to go anywhere but at worst they'll ask you to
[01:23:45.940 --> 01:23:51.380]  To amend the pleading and change the term theft to conversion
[01:23:53.860 --> 01:24:00.100]  Okay, and when they do that did you take the theft complaint straight to the DA
[01:24:00.100 --> 01:24:02.100]  Yeah
[01:24:05.700 --> 01:24:07.700]  Yeah, we can handle this bubba
[01:24:08.220 --> 01:24:10.420]  And never mentioned the theft
[01:24:11.100 --> 01:24:16.940]  Never mentioned theft again and only conversion and if they mentioned
[01:24:17.420 --> 01:24:22.020]  The fact that you file criminal charges against him you object and ask for sanctions
[01:24:22.020 --> 01:24:30.020]  That they are not allowed to use criminal to gain leverage in a civil action
[01:24:30.380 --> 01:24:33.700]  Okay, even if it's criminal charges against him
[01:24:34.740 --> 01:24:36.980]  But unlikely they'll bring it up
[01:24:37.700 --> 01:24:43.380]  But that's certainly what I'd like to do because I'd like to keep raising the stakes
[01:24:43.380 --> 01:24:50.460]  This lawyer I'm about to sting I told him that we filed suit against him
[01:24:50.460 --> 01:24:53.900]  But just the only reason we filed suit is so we'd find out who we talked to
[01:24:54.780 --> 01:24:57.260]  That we really wanted to just
[01:24:58.060 --> 01:25:01.580]  Work out a deal we could both live with if he had agreed to mediate
[01:25:02.460 --> 01:25:07.060]  Or to negotiate good faith, then don't bother answering it
[01:25:07.740 --> 01:25:09.740]  What he didn't answer
[01:25:09.740 --> 01:25:17.820]  What he didn't answer and then they didn't negotiate in good faith and then four months later. He removed it
[01:25:18.860 --> 01:25:23.620]  And filed this absolute boilerplate denial
[01:25:25.260 --> 01:25:29.500]  And what I had filed was a quiet title action
[01:25:30.780 --> 01:25:35.980]  Claiming rescission and he included the rescission document
[01:25:35.980 --> 01:25:43.580]  That we had sent him the notice of rescission and in his answer. He never once addressed his rescission
[01:25:45.020 --> 01:25:47.020]  So I'm going to claim his
[01:25:49.180 --> 01:25:51.700]  Answer is three months late
[01:25:52.940 --> 01:26:01.620]  And then even if it weren't three months late, it's insufficient as it fails to specifically deny the specific allegation
[01:26:02.260 --> 01:26:04.260]  So I'm going to ask for default judgment
[01:26:04.260 --> 01:26:10.780]  And then I'm going to bargain with him and ask for sanctions against him for failing to speak with Cantor to the court
[01:26:11.780 --> 01:26:12.980]  say
[01:26:12.980 --> 01:26:17.300]  You want to play hardball really who do she to the deep end of the pool?
[01:26:20.540 --> 01:26:25.620]  Well that goes to my next not my next question this one was further down my list
[01:26:25.620 --> 01:26:31.900]  But you just open the door to it the fake escrow servicer that I sued under the unfair practice of that
[01:26:31.900 --> 01:26:37.900]  Separately from everybody else because I have no evidence that they're involved other than their claim
[01:26:39.900 --> 01:26:46.140]  One of the things I cited was that they were required under the uniform commercial code to act in good faith
[01:26:46.140 --> 01:26:51.340]  Which in New Mexico is statute 55-1-304
[01:26:53.340 --> 01:26:59.820]  They came back among other claims stating that the uniform commercial code does not apply
[01:26:59.820 --> 01:27:08.220]  to real property transactions that it only applies to movable goods and services
[01:27:08.220 --> 01:27:15.740]  And in that claim they said that because it doesn't apply that the requirement to act under good faith is inapplicable
[01:27:21.260 --> 01:27:22.460]  So
[01:27:22.460 --> 01:27:25.340]  They're not saying they didn't act in bad faith
[01:27:25.340 --> 01:27:31.020]  They're not saying they didn't act in bad faith. They're just saying you can't claim they
[01:27:32.380 --> 01:27:34.380]  acted in bad faith
[01:27:36.540 --> 01:27:42.220]  So we can take that as an admission of acting in bad faith, can't we I would think so
[01:27:44.780 --> 01:27:52.540]  And I I it's going to be in the cannons of in the bar standards that they have a duty to act in good faith
[01:27:52.540 --> 01:27:54.540]  Yeah
[01:27:54.540 --> 01:27:59.980]  Well, and uh rule 11 requires that filings be made in good faith, right?
[01:28:02.940 --> 01:28:04.940]  Filing fees made in good faith
[01:28:06.300 --> 01:28:11.260]  That filings be made in good faith that they not be done for any improper purpose
[01:28:12.140 --> 01:28:13.660]  Yes
[01:28:13.660 --> 01:28:17.820]  So I don't think they're going to get around the good faith issue that way
[01:28:17.820 --> 01:28:23.340]  Yeah, because there's there's more things that require that they act in good faith and just
[01:28:24.940 --> 01:28:26.940]  The uniform commercial code
[01:28:27.420 --> 01:28:34.300]  The uniform commercial code as far as I know does apply. Do you have the uniform commercial code enacted into?
[01:28:35.100 --> 01:28:37.100]  uh, new mexico law
[01:28:37.820 --> 01:28:42.700]  Yeah, it does and 55-2 which is article 2 of the ucc
[01:28:42.700 --> 01:28:47.420]  Specifically says that it only deals with movable sale of movable goods
[01:28:49.660 --> 01:28:55.500]  So it does not in new mexico, it does not apply to the sale of real estate
[01:28:56.300 --> 01:29:02.220]  Oh, okay, because normally there are sections in there that do specifically address real property
[01:29:03.340 --> 01:29:07.180]  Right, so you may not have that will be adjusted out in new mexico
[01:29:07.180 --> 01:29:11.180]  What we so they're saying that but since the
[01:29:11.580 --> 01:29:16.460]  Uniform commercial code doesn't require them to act in good faith. That that's a great
[01:29:17.900 --> 01:29:20.060]  I would love to get an argument like that
[01:29:20.860 --> 01:29:26.220]  Because I would state that their arguments there are well taken
[01:29:26.860 --> 01:29:29.420]  And move the court to a leave to amend
[01:29:30.140 --> 01:29:32.460]  To claim the lack of good faith under
[01:29:32.460 --> 01:29:36.700]  Bar standard or something that we'll put over there professional conduct code
[01:29:37.420 --> 01:29:40.460]  Hang on about to go to break randy kelton wheel well radio
[01:29:41.100 --> 01:29:48.140]  I call it number five one two six four six nineteen eight before give us a call. We'll keep the phone on lines open all night
[01:29:48.700 --> 01:29:50.700]  We'll be right back
[01:29:57.580 --> 01:29:59.580]  Could you find a way to do that?
[01:29:59.580 --> 01:30:04.620]  Could you pharmacy release your prescription information to marketers believe it or not?
[01:30:04.620 --> 01:30:07.580]  It's not only possible. It's probably been done. I'm dr.
[01:30:07.580 --> 01:30:13.820]  Catherine albrecht and i'll be back with loopholes that make it legal for companies like cbs to share your personal health information
[01:30:14.780 --> 01:30:18.540]  Privacy is under attack when you give up data about yourself
[01:30:18.540 --> 01:30:24.540]  You'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish, too
[01:30:24.540 --> 01:30:30.140]  So protect your rights say no to surveillance and keep your information to yourself privacy
[01:30:30.620 --> 01:30:35.180]  It's worth hanging on to this public service announcement is brought to you by startpage.com
[01:30:35.740 --> 01:30:41.740]  The private search engine alternative to google yahoo and bing start over with start page
[01:30:43.260 --> 01:30:47.580]  Your pharmacy may be sharing your medical information without your knowledge or consent
[01:30:47.980 --> 01:30:53.020]  For example, cds pharmacies are likely to disclose your personal health information to business owners
[01:30:53.020 --> 01:31:00.860]  Personal health information to business associates a loophole in the law allows it if parties agree to execute a contract to quote safeguard the data
[01:31:01.180 --> 01:31:06.380]  Business associates could range from marketers to insurance companies and while they might keep information locked up
[01:31:06.460 --> 01:31:12.140]  There's no telling how it might come back to bite you ask your pharmacy to disclose how it shared your previous data
[01:31:12.380 --> 01:31:20.380]  And requesting writing that did not be sold rented or shared and most importantly take your future prescriptions to establishments that guarantee real privacy
[01:31:20.380 --> 01:31:24.880]  I'm dr. Catherine Albrecht more news and information at Catherine Albrecht.com
[01:31:30.460 --> 01:31:35.900]  This is building seven a 47 story skyscraper that fell on the afternoon of september 11
[01:31:35.900 --> 01:31:41.340]  The government says that fire brought it down. However, 1500 architects and engineers concluded
[01:31:41.420 --> 01:31:45.660]  It was a controlled demolition over 6 000 of my fellow service members have given their lives
[01:31:45.980 --> 01:31:49.900]  Thousands of my fellow first responders are dying. I'm not a conspiracy theorist
[01:31:49.900 --> 01:31:54.860]  I'm a structural engineer. I'm a new york city correction officer. I'm an air force pilot. I'm a father who lost his son
[01:31:54.940 --> 01:32:00.300]  We're americans and we deserve the truth go to remember building seven dot org today
[01:32:00.700 --> 01:32:05.900]  Hey, it's danny here for hill country home improvements. Did your home receive hail or wind damage from the recent storms?
[01:32:06.060 --> 01:32:10.700]  Come on, we all know the government caused it with their kim trails, but good luck getting them to pay for it
[01:32:10.780 --> 01:32:14.140]  Okay, I might be kidding about the kim trails, but i'm serious about your roof
[01:32:14.140 --> 01:32:20.620]  That's why you have insurance and hill country home improvements can handle the claim for you with little to no out-of-pocket expense
[01:32:20.780 --> 01:32:26.300]  And we accept bitcoin as a multi-year a plus member of the better business bureau with zero complaints
[01:32:26.460 --> 01:32:33.180]  You can trust hill country home improvements to handle your claim and your roof right the first time just call five one two
[01:32:33.660 --> 01:32:40.380]  Nine nine two eight seven four five or go to hill country home improvements.com mention the crypto show and get a hundred dollars off
[01:32:40.380 --> 01:32:45.020]  And we'll donate another hundred dollars to the logos radio network to help continue this programming
[01:32:45.100 --> 01:32:51.260]  So if those out-of-town roofers come knocking your door should be locking that's five one two
[01:32:51.660 --> 01:32:58.540]  Nine nine two eight seven four five or hill country home improvements.com discounts are based on full roof replacement
[01:32:58.540 --> 01:33:00.620]  May not actually be kidding about kim trails
[01:33:00.620 --> 01:33:08.620]  Looking for some truth you found it logos radio network.com
[01:33:30.620 --> 01:33:32.620]  Okay
[01:33:43.820 --> 01:33:47.760]  We are back brandon kelton blue law radio and we're talking to robin nexco
[01:33:48.860 --> 01:33:50.540]  so
[01:33:50.540 --> 01:33:52.700]  file criminal charges against him
[01:33:54.300 --> 01:33:56.300]  As a perjury and
[01:33:56.300 --> 01:34:04.060]  And he doesn't feel like he has a duty to to good faith. That should be wonderful. Have you looked at the
[01:34:05.180 --> 01:34:08.620]  new mexico bar association standards
[01:34:10.300 --> 01:34:16.060]  Oh, yeah filed over ten bar grievances so far in this case a little more can only
[01:34:17.660 --> 01:34:22.720]  Ten did you run out of eat? I've only got four attorneys
[01:34:22.720 --> 01:34:24.720]  It's
[01:34:25.280 --> 01:34:29.200]  16 defendants in three different cases and there's only four attorneys so
[01:34:32.720 --> 01:34:34.720]  Well, we had uh eddie craig when
[01:34:35.680 --> 01:34:39.380]  When we first talked to eddie craig, he was living in nakadoshis
[01:34:40.400 --> 01:34:42.400]  And he would call into the show
[01:34:43.280 --> 01:34:45.840]  having a problem with the
[01:34:48.000 --> 01:34:50.160]  Sales tax
[01:34:50.160 --> 01:34:51.680]  and
[01:34:51.680 --> 01:34:53.680]  He wanted to know how to
[01:34:54.720 --> 01:34:58.560]  Take action and we we went through our filing criminal complaints
[01:34:59.200 --> 01:35:05.200]  And then a couple weeks later he called back and he said that he filed some criminal complaints. I said well, how many five?
[01:35:06.460 --> 01:35:08.460]  400 and something
[01:35:10.160 --> 01:35:12.000]  I said
[01:35:12.000 --> 01:35:16.880]  Only 400 bridge. What's the problem? I ran out of ink
[01:35:16.880 --> 01:35:18.880]  Ink
[01:35:20.800 --> 01:35:21.600]  So
[01:35:21.600 --> 01:35:26.080]  Well, that's pretty much my problem is I did run out of paper ink. I've got that rectified now
[01:35:26.160 --> 01:35:28.320]  I got a new printer and hopefully it's in order
[01:35:30.560 --> 01:35:36.080]  If we're going to take back the system, this is the way you do it because criminal or
[01:35:37.840 --> 01:35:40.740]  It introduces a whole different paradigm
[01:35:42.320 --> 01:35:45.040]  Everything changes when you start firing criminally good
[01:35:45.040 --> 01:35:50.080]  stuff now, they're going to have a whole different set of issues to deal with and this is
[01:35:52.320 --> 01:35:58.880]  Mary krennic, I was kind of hoping she would call in tonight. We had a discussion up here. She came up here to dallas
[01:35:58.880 --> 01:36:00.720]  She's from austin
[01:36:00.720 --> 01:36:03.360]  And we were talking about filing criminal charges
[01:36:04.800 --> 01:36:09.040]  Generally if a pro se if an ordinary individual files criminal charges
[01:36:09.040 --> 01:36:14.080]  The especially against a public official
[01:36:15.600 --> 01:36:22.500]  They are the other public officials are going to do everything they can to shield that public official prosecution
[01:36:25.040 --> 01:36:30.320]  Problem yes, it's not so much that they're afraid of you
[01:36:30.320 --> 01:36:38.640]  You what they're afraid of is you are bringing to the table cannon fodder
[01:36:39.760 --> 01:36:45.520]  Cannon fodder that one of their political enemies can use against them. That's what they're afraid of
[01:36:47.280 --> 01:36:49.760]  That's why it's important that we do this
[01:36:49.760 --> 01:37:02.240]  Because if when they run for office the next time they've got to consider that their opponent will drag these criminal complaints out and shake them in front of everybody
[01:37:03.280 --> 01:37:05.280]  And whoever it is is going
[01:37:05.760 --> 01:37:09.280]  They're going to say oh, well these complaints they were all
[01:37:10.300 --> 01:37:12.080]  frivolous
[01:37:12.080 --> 01:37:13.120]  but
[01:37:13.120 --> 01:37:15.120]  They know that the public
[01:37:15.120 --> 01:37:22.720]  Will look at that and say if this guy acted bad enough that somebody had to file criminal charges against them
[01:37:23.440 --> 01:37:26.400]  That's a big deal. You know where the smoke is fire
[01:37:27.600 --> 01:37:31.600]  Whether there really is fire or not it goes to kin's four rules and
[01:37:32.400 --> 01:37:36.880]  The first rule is his perception is every disc
[01:37:38.400 --> 01:37:42.400]  So we start filing these and you know here you're filing against a lawyer
[01:37:42.400 --> 01:37:47.680]  Well, the lawyer knows the judges and the clerks and most all the people in the courthouse
[01:37:48.400 --> 01:37:51.280]  He he don't feel like they will hammer him
[01:37:52.400 --> 01:37:55.040]  But he also knows there's nothing to keep them from it
[01:37:56.560 --> 01:38:03.040]  And if this scoundrel cross drives her wives up getting these complaints in front of a grand jury
[01:38:03.680 --> 01:38:05.680]  These guys could end my career
[01:38:06.560 --> 01:38:08.560]  They could cost me my bar card
[01:38:08.560 --> 01:38:10.560]  Maybe even put me in jail
[01:38:11.840 --> 01:38:13.120]  So
[01:38:13.120 --> 01:38:16.320]  In the end, this is a big deal. We need to do more of it
[01:38:18.320 --> 01:38:20.640]  Not not to get someone indicted
[01:38:22.560 --> 01:38:26.880]  But to give them a reason not to do anything that could get indicted
[01:38:28.080 --> 01:38:29.360]  so
[01:38:29.360 --> 01:38:32.880]  When you file these criminal charges, Rob, you have to
[01:38:34.160 --> 01:38:36.160]  exercise self-discipline
[01:38:36.160 --> 01:38:39.920]  You cannot allow yourself to enjoy it too much
[01:38:43.120 --> 01:38:45.120]  That's just wrong
[01:38:45.440 --> 01:38:52.800]  You have to feel bad and and morose because you you're forced to file these criminal charges
[01:38:54.640 --> 01:39:01.440]  Well, my father used to say oh boy, this is hurting me more than it is you not thinking
[01:39:01.440 --> 01:39:07.120]  Oh boy, this is hurting me more than it is you not thinking no, it's not
[01:39:09.680 --> 01:39:11.120]  Anyway
[01:39:11.120 --> 01:39:14.880]  Okay, so so what's your situation now?
[01:39:16.080 --> 01:39:18.080]  What are you looking at in your future?
[01:39:19.360 --> 01:39:25.040]  Now while we're on this, um, I have a federal case under fd cpa against an attorney
[01:39:25.360 --> 01:39:28.640]  Timothy b steiter and his law firm steiter and associates
[01:39:28.640 --> 01:39:33.520]  Um for failing to validate a debt and continuing collection and all that stuff
[01:39:34.160 --> 01:39:36.160]  um
[01:39:36.240 --> 01:39:43.360]  In exercising due diligence and doing my research I found out that the fake escrow servicer
[01:39:45.360 --> 01:39:50.240]  Operates out of the same office as this attorney in his law firm
[01:39:51.760 --> 01:39:53.360]  and
[01:39:53.360 --> 01:39:58.560]  When they filed their when the fake escrow servicer filed their motion for summary judgment
[01:39:59.520 --> 01:40:03.040]  They included with it an affidavit from their
[01:40:03.900 --> 01:40:05.900]  ceo
[01:40:06.080 --> 01:40:09.760]  Admitting that they obtained the account when it was in default
[01:40:12.320 --> 01:40:19.360]  So I had to amend my fd cpa complaint and add the fake escrow servicer and the
[01:40:19.360 --> 01:40:22.740]  the ceo and its officers
[01:40:23.540 --> 01:40:29.060]  Um turns out one of the officers of the fake escrow servicer is a fellow named kim steiter
[01:40:29.780 --> 01:40:36.580]  Now I don't know for a fact that kim steiter is kimothy d steiter of steiter and associates who I already sued
[01:40:37.540 --> 01:40:42.660]  But i'm guessing that since they operate out of the same office, there's probably a pretty good chance. It's the same guy
[01:40:44.100 --> 01:40:46.100]  Oh my goodness
[01:40:46.100 --> 01:40:49.540]  If he is an officer in the company
[01:40:51.620 --> 01:40:53.620]  He can't represent the company
[01:40:54.900 --> 01:41:01.380]  Oh, he's he's not representing them in court. He was just acting as a debt collector after I sent them a validation letter
[01:41:02.100 --> 01:41:08.660]  I sent the fake escrow servicer a validation letter and asked them to produce a full accounting and the original documents
[01:41:09.460 --> 01:41:12.900]  They ignored it and I started getting letters from this debt collector attorney
[01:41:12.900 --> 01:41:14.900]  So I sued him
[01:41:15.540 --> 01:41:17.540]  So I sued him
[01:41:18.100 --> 01:41:24.340]  And I sued them separately under the unfair practices act not realizing that he was part of the same company
[01:41:28.180 --> 01:41:32.980]  So you will amend to name him in the unfair practices act action
[01:41:34.660 --> 01:41:36.580]  Um, well, yeah, I haven't done that yet
[01:41:36.580 --> 01:41:43.860]  But I did amend the fdcpa complaint to name the escrow servicer that admitted obtaining the account when it was in default
[01:41:44.340 --> 01:41:46.340]  Okay, be very careful
[01:41:47.540 --> 01:41:49.860]  You can get the whole thing tossed
[01:41:50.900 --> 01:41:53.080]  For failure to name an interested party
[01:41:57.380 --> 01:41:59.380]  I'm not sure
[01:41:59.380 --> 01:42:03.080]  Naming the interested party as a plaintiff, uh leslie in pennsylvania
[01:42:04.180 --> 01:42:06.180]  Took on a foreclosure issue
[01:42:06.180 --> 01:42:10.260]  And the mortgage which was in her and her husband's name
[01:42:11.380 --> 01:42:15.380]  She fought this for four or five years and the judge threw it out
[01:42:16.660 --> 01:42:23.140]  For failure to name in a necessary party, which was her husband who was on the due to trust. So
[01:42:25.460 --> 01:42:30.500]  Depending on what relationship this guy has he may or may not be a necessary party
[01:42:30.500 --> 01:42:36.260]  Artist it's sure it's sure worth refiling to name him
[01:42:36.660 --> 01:42:43.860]  Have you done any discovery to determine his relationship? I just sent it off. I just sent it off
[01:42:44.260 --> 01:42:51.300]  Um the federal case is I have not done any discovery yet. Everybody in my state cases has been
[01:42:51.860 --> 01:42:53.540]  Hit with discovery now
[01:42:53.540 --> 01:42:55.540]  Um cops counting on that
[01:42:55.620 --> 01:42:59.460]  Um, their deadline is not up yet, but the uh the deadline
[01:42:59.460 --> 01:43:01.460]  The folks moving to dismiss
[01:43:01.700 --> 01:43:08.100]  In my state case their deadline for discovery comes before the motion hearing. So we'll see what they show up with
[01:43:08.580 --> 01:43:14.980]  Oh wonderful. So if they don't bring the discovery before the hearing then you move for an abatement
[01:43:15.780 --> 01:43:19.700]  Yeah, you abate the hearing until they come up with the discovery good
[01:43:20.340 --> 01:43:21.380]  Yeah
[01:43:21.380 --> 01:43:24.500]  Now going on with my fb cpa case
[01:43:24.500 --> 01:43:31.060]  The deadline for the original defendants to respond
[01:43:31.860 --> 01:43:33.860]  Was february 19th
[01:43:34.100 --> 01:43:36.100]  And I hear the music
[01:43:40.100 --> 01:43:42.100]  Don't fall off the edge
[01:43:43.540 --> 01:43:45.140]  Randy
[01:43:45.140 --> 01:43:48.260]  Oh, somebody muted my mic again. Okay
[01:43:49.300 --> 01:43:52.660]  Uh, hang on. We'll be right back randy kelton roova radio
[01:43:52.660 --> 01:43:57.860]  I'll call it number 5126461984. We'll be right back
[01:44:00.020 --> 01:44:03.620]  You feel tired when talking about important topics like money and politics
[01:44:04.180 --> 01:44:07.380]  Are you confused by words like the constitution or the federal reserve?
[01:44:07.940 --> 01:44:12.280]  If so, you may be diagnosed with the deadliest disease known today stupidity
[01:44:12.740 --> 01:44:18.820]  Hi, my name is steve holt and like millions of other americans. I was diagnosed with stupidity at an early age
[01:44:18.820 --> 01:44:24.740]  I had no idea that the number one cause of the disease is found in almost every home in america the television
[01:44:25.360 --> 01:44:28.660]  Unfortunately, that puts most americans at risk of catching stupidity
[01:44:28.740 --> 01:44:34.580]  But there is hope the staff at brave new books have helped me and thousands of other foxaholics suffering from sports
[01:44:34.800 --> 01:44:42.520]  Zombieism recover and because of brave new books. I now enjoy reading and watching educational documentaries without feeling tired or uninterested
[01:44:42.980 --> 01:44:47.700]  So if you or anybody, you know suffers from stupidity, then you need to call 512
[01:44:47.700 --> 01:44:49.300]  480
[01:44:49.300 --> 01:44:57.060]  2503 or visit them in 1904 guadalupe or brave new bookstore dot com side effects from using brave new books products may include discernment in
[01:44:57.060 --> 01:44:59.560]  enlarged vocabulary and an overall increase in mental functioning
[01:45:01.000 --> 01:45:03.480]  Are you the plaintiff or defendant in a lawsuit?
[01:45:04.120 --> 01:45:10.760]  Win your case without an attorney with jurisdictionary the affordable easy to understand 4 cd course
[01:45:11.000 --> 01:45:14.760]  That will show you how in 24 hours step by step
[01:45:14.760 --> 01:45:21.960]  If you have a lawyer know what your lawyer should be doing if you don't have a lawyer know what you should do for yourself
[01:45:23.120 --> 01:45:27.340]  Thousands have won with our step-by-step course and now you can too
[01:45:28.320 --> 01:45:33.800]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience
[01:45:34.320 --> 01:45:42.840]  Even if you're not in a lawsuit you can learn what everyone should understand about the principles and practices that control our american courts
[01:45:42.840 --> 01:45:46.880]  You'll receive our audio classroom video seminar tutorials
[01:45:47.760 --> 01:45:49.600]  forms for civil cases
[01:45:49.600 --> 01:45:51.600]  Pro se tactics and much more
[01:45:52.040 --> 01:45:57.560]  Please visit rule of law radio.com and click on the banner or call toll free
[01:45:57.560 --> 01:46:15.040]  eight six six long easy
[01:46:27.680 --> 01:46:29.680]  We are back
[01:46:32.720 --> 01:46:34.720]  Okay, Rob, so
[01:46:35.360 --> 01:46:37.800]  Okay, what else you have for next?
[01:46:38.680 --> 01:46:42.240]  Okay, next question the federal case the FD CPA
[01:46:43.920 --> 01:46:47.240]  First party the debt collector attorney in his law firm
[01:46:48.560 --> 01:46:52.600]  They have not answered their time to answer was the 19th
[01:46:52.600 --> 01:46:59.960]  Question does filing the amended complaint adding defendants affect that time to answer. Yeah, or
[01:47:00.920 --> 01:47:03.360]  People don't do anything if you don't have an answer
[01:47:04.680 --> 01:47:06.680]  Don't do anything
[01:47:06.920 --> 01:47:08.920]  You have proof of service
[01:47:10.120 --> 01:47:12.120]  Yes, I do
[01:47:12.280 --> 01:47:15.800]  Perfect then file a motion for default doesn't
[01:47:17.040 --> 01:47:19.040]  No answer default
[01:47:19.040 --> 01:47:26.400]  Okay, so that that amended complaint doesn't affect the original service of the original defendant. Wait a minute. Did you yes?
[01:47:27.440 --> 01:47:29.840]  Did you file an amended complaint? I?
[01:47:30.800 --> 01:47:32.800]  had to
[01:47:33.360 --> 01:47:39.160]  My okay my time to make me leave was 20 days after service so
[01:47:41.000 --> 01:47:43.000]  Wait, otherwise
[01:47:43.160 --> 01:47:45.520]  Otherwise, I would have to get leave from the defendants
[01:47:46.240 --> 01:47:47.720]  Okay, so
[01:47:47.720 --> 01:47:52.800]  You you filed an amended point complaint within the 20-day time period
[01:47:53.920 --> 01:47:56.080]  Yeah, they got it on the last day
[01:47:57.040 --> 01:47:59.560]  so have they do they have
[01:48:00.960 --> 01:48:04.240]  Has there been 20 days after they received the amended?
[01:48:05.440 --> 01:48:09.400]  No, not yet. In fact, okay parties have not been yet
[01:48:09.400 --> 01:48:14.840]  I just got the I just got the service back from the court a couple days ago
[01:48:14.840 --> 01:48:18.120]  So I need to get them served on Monday. Yeah
[01:48:18.960 --> 01:48:22.240]  If you haven't served them yet, you might want to nuns to
[01:48:23.440 --> 01:48:29.040]  That's really mucked up the works if they have hadn't filed. You should have filed a
[01:48:29.880 --> 01:48:31.880]  motion for default judgment
[01:48:32.320 --> 01:48:34.320]  But no answer default
[01:48:37.280 --> 01:48:40.320]  You might have screwed that up so
[01:48:40.320 --> 01:48:44.240]  Oh, don't I might I probably should have sued the other guys separately
[01:48:46.160 --> 01:48:48.160]  Yeah
[01:48:48.160 --> 01:48:55.040]  So you might want to wait and see if you get them served and then give them the time and see if they respond to this one
[01:48:56.320 --> 01:49:03.440]  Okay, because they might have it might have just fell through the cracks and your amended complaint might have bailed them out
[01:49:05.120 --> 01:49:08.680]  Yeah, well, I'm thinking he probably looked at it and it was you know
[01:49:08.680 --> 01:49:15.200]  Very small FDCPA complaint. He's like, this isn't worth fighting not realizing the actual damages part
[01:49:15.520 --> 01:49:18.480]  because this is the same guy that filed the
[01:49:19.200 --> 01:49:23.000]  Notice of default and special warranty deed into the county records
[01:49:23.960 --> 01:49:28.680]  So he is directly directly responsible for any damages I suffer
[01:49:31.000 --> 01:49:34.680]  Okay, well, maybe maybe he won't answer the amended either
[01:49:36.040 --> 01:49:37.040]  Yeah
[01:49:37.040 --> 01:49:38.760]  Yeah
[01:49:38.760 --> 01:49:40.760]  Okay, so just now my
[01:49:41.760 --> 01:49:43.760]  Don't make don't make a peep
[01:49:45.480 --> 01:49:48.680]  Be real quiet, maybe this is gonna fall through the cracks
[01:49:50.080 --> 01:49:54.800]  Okay. Well, and then I got I got a call from an attorney on the 24th
[01:49:56.080 --> 01:49:58.600]  Claiming that he's the attorney representing this guy
[01:50:00.800 --> 01:50:04.960]  He left a voicemail I didn't get a chance to answer the call I haven't called it back yet
[01:50:04.960 --> 01:50:08.520]  And I frequently don't get calls because my service drops out
[01:50:09.800 --> 01:50:11.800]  Okay, it's a suggestion
[01:50:12.360 --> 01:50:17.520]  If you talk to him on the phone give him your email address and nothing else
[01:50:19.320 --> 01:50:25.360]  I haven't talked to him yet. He hasn't filed a picture and hasn't filed a notice of appearance
[01:50:25.880 --> 01:50:33.560]  Yeah, okay. So if you talk to a lawyer, make sure the only thing you talk up to him about is your email address
[01:50:33.560 --> 01:50:37.880]  Because they would absolutely lie about what's said on the phone
[01:50:39.000 --> 01:50:41.000]  Yeah
[01:50:42.200 --> 01:50:44.200]  Okay, do you have anything else for us
[01:50:45.080 --> 01:50:52.920]  One more I have a motion for judgment on the pleadings from the real estate broker and the real estate agency
[01:50:53.720 --> 01:50:59.960]  The realty company that I sue now. This is company is co-owned by the seller
[01:50:59.960 --> 01:51:02.840]  With her son. Her son is the broker
[01:51:03.560 --> 01:51:11.240]  They have separate attorneys the two sellers the husband and wife have an attorney and then the broker and real estate company have a different attorney
[01:51:11.720 --> 01:51:17.560]  So they filed the real estate broker and the real estate company filed a motion for judgment on the pleadings
[01:51:18.280 --> 01:51:20.280]  now
[01:51:21.000 --> 01:51:23.960]  Would the broker and the company be in any way
[01:51:23.960 --> 01:51:29.880]  Liable for the breach of contract if the seller hold on hold on motion on the
[01:51:30.360 --> 01:51:34.120]  Files of judgment on the pleadings. Have you been to discovery yet?
[01:51:35.560 --> 01:51:37.000]  No
[01:51:37.000 --> 01:51:39.000]  Then you should object to the motion
[01:51:39.640 --> 01:51:42.440]  Because uh until discovery has been completed
[01:51:43.960 --> 01:51:45.960]  Okay, okay
[01:51:45.960 --> 01:51:47.400]  Good deal
[01:51:47.400 --> 01:51:50.200]  All right. Well, I guess that they're trying to short-circuit the system
[01:51:50.200 --> 01:51:55.240]  Okay, that that solves my other questions then because the other ones had to do with the judgment on the pleadings
[01:51:55.240 --> 01:51:57.960]  And if that's the case, then I don't need to ask those yet
[01:51:58.520 --> 01:51:59.720]  I'm done
[01:51:59.720 --> 01:52:01.720]  Okay. Thank you
[01:52:01.720 --> 01:52:03.720]  One more. Go snort some diesel
[01:52:07.480 --> 01:52:13.080]  Okay, thank you rob now we're going to go to mark in texas hello mark
[01:52:13.080 --> 01:52:19.640]  Hi randy, good evening. I've got something kind of relevant there. Um, I wanted to ask you first relative to
[01:52:20.440 --> 01:52:22.440]  FDCPA issues
[01:52:22.840 --> 01:52:25.640]  Is it possible that there might actually be?
[01:52:26.200 --> 01:52:31.400]  Pre-litigation discovery that's done and you can use the federal court to compel that discovery
[01:52:32.280 --> 01:52:36.440]  Yes, but the federal court for the most part. It only allows
[01:52:36.440 --> 01:52:42.440]  depositions
[01:52:46.520 --> 01:52:52.200]  Unlike texas texas is different in every other state. It allows all kinds of this pre-litigation discovery
[01:52:52.200 --> 01:52:56.520]  But in the federal court, I think it's rule 72. I'm not sure
[01:52:56.520 --> 01:53:05.640]  But it only allows us for to take it to take depositions, but depositions are a great way to intimidate the other side
[01:53:07.000 --> 01:53:09.400]  So yes, you can get pre-litigation discovery
[01:53:11.240 --> 01:53:12.200]  Yeah
[01:53:12.200 --> 01:53:15.720]  Well, I would I would love to to be able to do that
[01:53:16.440 --> 01:53:19.240]  Um, I've I have an FDCPA suit
[01:53:19.880 --> 01:53:23.080]  I've been looking like mad trying to find
[01:53:23.080 --> 01:53:28.440]  An attorney who could help me file that I found one guy that I love but it turns out
[01:53:28.920 --> 01:53:36.200]  He actually works for the banksters in another state and uh, he told me he didn't think that he would be able to do that
[01:53:37.000 --> 01:53:39.960]  But he was very very straight shooter
[01:53:40.760 --> 01:53:41.960]  um
[01:53:41.960 --> 01:53:44.200]  anyway, kind of an irony, but um
[01:53:45.000 --> 01:53:51.320]  With respect to um to this this is very interesting in that I've spoken to maybe five to ten people
[01:53:51.320 --> 01:53:52.920]  five to ten people
[01:53:52.920 --> 01:53:54.040]  and um
[01:53:54.040 --> 01:54:00.280]  They seem to have this this issue with the idea that I want to file an FDCPA suit
[01:54:00.920 --> 01:54:02.420]  against a
[01:54:02.420 --> 01:54:03.640]  servicer
[01:54:03.640 --> 01:54:07.960]  That filed a essentially a fraudulent transfer
[01:54:08.600 --> 01:54:12.760]  That seemed to give the plaintiff in a in a case that that came about
[01:54:13.400 --> 01:54:19.560]  Uh standing to bring that suit. I mean it doesn't seem to give them that but it's it's I think that's why they filed that
[01:54:19.560 --> 01:54:21.400]  that uh
[01:54:21.400 --> 01:54:24.040]  Assignment when they don't otherwise have to do it at all
[01:54:24.840 --> 01:54:26.600]  and um
[01:54:26.600 --> 01:54:28.440]  I'm just very curious
[01:54:28.440 --> 01:54:33.640]  To get your thoughts on on this idea. There's a there's a servicer that that filed this
[01:54:34.580 --> 01:54:36.580]  fraudulent transfer in 2013
[01:54:37.640 --> 01:54:39.640]  this servicer, um
[01:54:40.040 --> 01:54:43.420]  Basically a week later. I end up getting a suit for foreclosure
[01:54:43.420 --> 01:54:50.780]  And um that lasts for a couple years during this time this servicer sent me letters
[01:54:50.940 --> 01:54:55.340]  They would regularly send me letters as I understand it with respect to FDCPA
[01:54:55.580 --> 01:55:02.140]  Their there's case law would suggest that if it's a time bar debt, they're supposed to at least notify you of that
[01:55:02.540 --> 01:55:08.860]  They're definitely not supposed to threaten to to sue you over a time bar debt because they can't do that
[01:55:09.500 --> 01:55:11.500]  That that comes under
[01:55:11.500 --> 01:55:17.180]  The 50 in u.s. Code 1692e I believe
[01:55:20.380 --> 01:55:22.380]  That's part of the FDCPA
[01:55:22.460 --> 01:55:25.820]  10 pages of information right or 10 pages of it
[01:55:26.380 --> 01:55:28.380]  That's turned into collection practices act, right?
[01:55:29.180 --> 01:55:31.180]  Yes under
[01:55:31.240 --> 01:55:33.240]  1692e
[01:55:33.500 --> 01:55:35.500]  They're forbidden to
[01:55:35.500 --> 01:55:41.660]  It's threatened to take an action. They do not intend to take or
[01:55:42.380 --> 01:55:44.380]  Don't have the authority to take
[01:55:46.140 --> 01:55:46.940]  Yeah
[01:55:46.940 --> 01:55:50.540]  Now i'm going to ask you about about this and just get your take
[01:55:51.180 --> 01:55:56.700]  uh the servicer is not the party that brought the lawsuit and
[01:55:57.740 --> 01:56:03.100]  But but yet they're talking about it and in the subsequent letters I have something which says
[01:56:03.100 --> 01:56:06.620]  Uh in in the same letter I have something which says it's
[01:56:07.180 --> 01:56:08.700]  in litigation
[01:56:08.700 --> 01:56:14.060]  and then on and this letter the way they would would do this because they of course want people to
[01:56:14.620 --> 01:56:20.700]  Be aware and be responsible if there's something on in the letter that says as of x date
[01:56:21.260 --> 01:56:23.260]  Your your loan is now
[01:56:23.820 --> 01:56:29.500]  Uh something like three thousand six hundred days past due altogether if you add it up it
[01:56:29.500 --> 01:56:35.100]  it ends up coming to somewhere in the realm of about seven years and and it literally
[01:56:35.820 --> 01:56:42.860]  Shows it literally, you know dams them with respect to the idea that that this is something which was filed
[01:56:43.420 --> 01:56:45.420]  past the statute of limitations
[01:56:46.140 --> 01:56:47.340]  so
[01:56:47.340 --> 01:56:48.380]  um
[01:56:48.380 --> 01:56:53.260]  It's it's it's an interesting matter. I think we could definitely say
[01:56:53.260 --> 01:56:58.860]  Um that these letters which are within the statute of limitations reveal
[01:56:59.500 --> 01:57:03.580]  That this lawsuit shouldn't have been filed based on that
[01:57:04.140 --> 01:57:06.380]  and these uh these letters also
[01:57:06.860 --> 01:57:13.180]  Reveal that they have taken an action which they didn't have capacity to take, you know based on this
[01:57:13.740 --> 01:57:18.380]  clear-cut five-year statute of limitations and that's a little bit false and misleading
[01:57:19.180 --> 01:57:21.260]  and um
[01:57:21.260 --> 01:57:24.060]  Anyway, but where I was going with it is I wanted to ask you
[01:57:25.020 --> 01:57:25.900]  is
[01:57:25.900 --> 01:57:27.900]  Is there a situation here where?
[01:57:28.620 --> 01:57:29.820]  let's say
[01:57:29.820 --> 01:57:31.820]  You know the servicer is a
[01:57:32.380 --> 01:57:34.620]  um the plaintiff in the case is b
[01:57:35.340 --> 01:57:38.380]  plaintiff in the case b files the suit
[01:57:39.260 --> 01:57:41.820]  I question the assignment
[01:57:42.540 --> 01:57:44.540]  In my original response
[01:57:45.420 --> 01:57:47.420]  Plaintiff is b
[01:57:47.420 --> 01:57:52.300]  How did plaintiff establish stamp it?
[01:57:53.900 --> 01:57:55.820]  um
[01:57:55.820 --> 01:57:57.820]  Oh, it's an interesting question
[01:57:58.540 --> 01:58:00.540]  Who is plaintiff?
[01:58:01.180 --> 01:58:05.740]  Who is plaintiff relative to the mortgage contract?
[01:58:07.980 --> 01:58:09.980]  So, okay, we're about to go to
[01:58:10.220 --> 01:58:12.220]  Top of the hour break. This is
[01:58:12.220 --> 01:58:17.660]  Randy Kelton view of our radio. I call it number five one two six four six nineteen eighty four
[01:58:18.060 --> 01:58:23.500]  We have a full call call board and things tend to pick up toward the end of the show. So
[01:58:24.620 --> 01:58:26.860]  If you try to call in you can't get through
[01:58:27.500 --> 01:58:30.700]  It's because our board will only hold four calls at a time
[01:58:31.340 --> 01:58:35.100]  We've got those four calls as soon as someone drops off if you want to call in
[01:58:36.220 --> 01:58:38.300]  They'd call in then and we'll get on for it
[01:58:38.300 --> 01:58:41.420]  Well, okay, this is ready to help read our radio
[01:58:42.140 --> 01:58:45.340]  Call in number. It's five one two six four six nineteen eighty four
[01:58:45.980 --> 01:58:47.980]  We'll be right back
[01:58:50.220 --> 01:58:53.340]  The bible remains the most popular book in the world
[01:58:53.900 --> 01:58:57.580]  Yet countless readers are frustrated because they struggle to understand it
[01:58:58.300 --> 01:59:05.900]  Some new translations try to help by simplifying the text but in the process can compromise the profound meaning of the scripture
[01:59:05.900 --> 01:59:07.900]  Enter the recovery version
[01:59:08.300 --> 01:59:16.380]  First this new translation is extremely faithful and accurate, but the real story is the more than nine thousand explanatory footnotes
[01:59:17.180 --> 01:59:20.860]  Difficult and profound passages are opened up in a marvelous way
[01:59:21.340 --> 01:59:26.140]  Providing an entrance into the riches of the word beyond which you've ever experienced before
[01:59:26.940 --> 01:59:31.500]  Bibles for america would like to give you a free recovery version simply for the asking
[01:59:31.500 --> 01:59:37.260]  This comprehensive yet compact study bible is yours. Just by calling us toll-free at
[01:59:37.820 --> 01:59:45.740]  one eight eight eight five five one zero one zero two or by ordering online at free study bible.com
[01:59:46.380 --> 01:59:48.380]  That's free study bible.com
[01:59:48.380 --> 02:00:00.780]  Free study bible.com you are listening to the logos radio network logos radio network.com