ROL_2016-07-22_16k_Hr1-2.timecode
[00:00.000 --> 00:08.000] The following newsflash is brought to you by the Lone Star Lowdown, providing the jelly
[00:08.000 --> 00:10.000] 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, July 20th, 2016, are currently trading with gold at $1,318.42 an
[00:29.000 --> 00:36.000] ounce, silver $19.53 an ounce, Texas crude $44.65 a barrel, and Bitcoin is currently
[00:36.000 --> 00:44.000] sitting at about $667 U.S. currency.
[00:44.000 --> 00:50.000] Today in history, the year 1977, the Central Intelligence Agency releases 20,000 documents
[00:50.000 --> 00:55.000] relating to Project MKUltra under the Freedom of Information Act, revealing that it engaged
[00:55.000 --> 01:02.000] in mind control experiments.
[01:02.000 --> 01:06.000] In recent news, Reuters and several human rights organizations, including the Syrian
[01:06.000 --> 01:11.000] Observatory for Human Rights, SOHR, and Amnesty International have reported that anywhere
[01:11.000 --> 01:16.000] between 56 and 160 civilians, including at least 11 children, were killed in a U.S.-led
[01:16.000 --> 01:18.000] airstrike in Syria yesterday.
[01:18.000 --> 01:22.000] It appears the strike had apparently hit a school that was sheltering displaced people
[01:22.000 --> 01:23.000] from Syria.
[01:23.000 --> 01:29.000] SOHR is reporting that at least 167 civilians have been killed so far in the city of Manbij
[01:29.000 --> 01:39.000] since May, when the U.S.-led coalition started their campaign in the area.
[01:39.000 --> 01:43.000] Researchers have published a new map of the brain detailing nearly 100 previously unknown
[01:43.000 --> 01:44.000] regions today.
[01:44.000 --> 01:49.000] Matthew F. Glasser, a neuroscientist at Washington University School of Medicine and lead author
[01:49.000 --> 01:54.000] of the new research, said that, quote, this map you should think of as a version 1.0.
[01:54.000 --> 01:58.000] There may be a version 2.0 as the data gets better and more eyes look at the data.
[01:58.000 --> 02:01.000] We hope the map can evolve as the science progresses.
[02:01.000 --> 02:06.000] Three years ago, Dr. Glasser and his colleagues set out to create a new, much more detailed
[02:06.000 --> 02:11.000] and precise map of the human brain using data collected by the Human Connectum Project,
[02:11.000 --> 02:15.000] where 1,200 volunteers were studied with powerful new brain scanners.
[02:15.000 --> 02:19.000] The project team recorded high-resolution images of each participant's brain and then
[02:19.000 --> 02:24.000] recorded its activity during hours of tests on memory, language, and other kinds of thought.
[02:24.000 --> 02:28.000] Scientists plan on using this new map to track the development of young brains and to look
[02:28.000 --> 02:38.000] for changes caused by disorders like Alzheimer's and other neurological disorders.
[02:38.000 --> 02:46.000] The Volstar Lowdown is currently looking for sponsors who should apply for a service show
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[02:47.000 --> 02:48.000] Feel free to give me a call at 210-363-2257.
[02:48.000 --> 03:11.000] This was Rick Cody with your Lowdown for July 20, 2016.
[03:18.000 --> 03:19.000] Okay.
[03:19.000 --> 03:20.000] Howdy, howdy.
[03:20.000 --> 03:39.000] This is Randy Kelton-Vett-Pack with La Radio on this Friday, the 22nd day of July 2016.
[03:39.000 --> 03:41.000] Vett will not be with us tonight.
[03:41.000 --> 03:47.000] She had a business she was moving, but next week she should be here.
[03:47.000 --> 03:50.000] And we will have the phone lines open all night.
[03:50.000 --> 03:55.000] Our call-in number is 512-646-1984.
[03:55.000 --> 03:59.000] If you have a question or a comment, give us a call.
[03:59.000 --> 04:07.000] I'm going to start out talking about something that's primarily central to what we do on
[04:07.000 --> 04:09.000] the show.
[04:09.000 --> 04:24.000] But I've been struggling with trying to find a way to state something or frame something
[04:24.000 --> 04:34.000] so that we can change the way we think about our public officials in a way that will make
[04:34.000 --> 04:39.000] it easier for us to begin to take them on.
[04:39.000 --> 04:46.000] I know this may sound kind of pedantic, but this is difficult.
[04:46.000 --> 04:58.000] It's difficult for us to shift gears and get past our expectations of our public officials
[04:58.000 --> 05:09.000] and not feel mistreated or betrayed by them when they don't do what we expect them to.
[05:09.000 --> 05:14.000] A case in point is a guy named Scott.
[05:14.000 --> 05:16.000] He just called in the show.
[05:16.000 --> 05:18.000] I had talked to him earlier.
[05:18.000 --> 05:28.000] Scott's been taking on the police in East Dallas.
[05:28.000 --> 05:35.000] He called me today and he was sort of frustrated that he's not getting the results that he
[05:35.000 --> 05:36.000] expected.
[05:36.000 --> 05:42.000] I'll bring him on in a moment as soon as he's done being screened.
[05:42.000 --> 05:50.000] We've heard him on the show before and he's found a lot of complaints against these judges
[05:50.000 --> 05:57.000] and prosecutors and police officers.
[05:57.000 --> 06:03.000] So far, he is frustrated in that he feels somewhat supported.
[06:03.000 --> 06:05.000] I don't blame him.
[06:05.000 --> 06:13.000] I just want to see if we can find a different way of thinking about this so it's easier
[06:13.000 --> 06:15.000] to understand where we're going.
[06:15.000 --> 06:17.000] Hello, Scott.
[06:17.000 --> 06:18.000] Hello, Randy.
[06:18.000 --> 06:20.000] How are you?
[06:20.000 --> 06:23.000] I am good.
[06:23.000 --> 06:25.000] Now, you called earlier.
[06:25.000 --> 06:27.000] We talked earlier.
[06:27.000 --> 06:33.000] Can you bring us up to speed on what has gone on up to this point?
[06:33.000 --> 06:40.000] Well, we'll just start with Addison since that seems to be the most unruly right now.
[06:40.000 --> 06:48.000] The magistrate there, I filed criminal complaints with the Tarrant County Jury and the Tarrant
[06:48.000 --> 06:55.000] County Jury stood down naturally and also turned in a criminal complaint to the Dallas
[06:55.000 --> 07:00.000] County Grand Jury and they didn't get put on the record.
[07:00.000 --> 07:07.000] They went up and talked to the DA after 30 days of submitting and some fellow up there,
[07:07.000 --> 07:14.000] some high-ups up there, said, oh, well, you have to go to Addison and speak to IA and
[07:14.000 --> 07:19.000] then talk to them and turn in a criminal complaint against the cop who smashed out my window.
[07:19.000 --> 07:22.000] I said, okay, fine, I'll do that.
[07:22.000 --> 07:28.000] Went over there and talked to the sergeant on duty and because that's how you had to
[07:28.000 --> 07:32.000] go through it first, well, he refused to take my criminal complaint.
[07:32.000 --> 07:33.000] I said, okay, fine.
[07:33.000 --> 07:41.000] So I created another criminal complaint for failure to report a felony against him for
[07:41.000 --> 07:47.000] the felony I had against the magistrate, not a judge, he's a magistrate.
[07:47.000 --> 07:54.000] And so I turned in a criminal complaint to the magistrate on the sergeant who refused
[07:54.000 --> 07:57.000] to take my criminal complaint against him.
[07:57.000 --> 07:58.000] Well, fine.
[07:58.000 --> 08:00.000] It went nowhere.
[08:00.000 --> 08:03.000] I guess they put that in file 13.
[08:03.000 --> 08:06.000] So then I had my little trial.
[08:06.000 --> 08:10.000] Naturally, the jury found you guilty and five minutes flat.
[08:10.000 --> 08:12.000] And I was like, okay, fine.
[08:12.000 --> 08:14.000] So I turned in my appeal.
[08:14.000 --> 08:19.000] I turned in my appeal on time and put in a little pauper's report, you know, or pauper's
[08:19.000 --> 08:21.000] after David.
[08:21.000 --> 08:31.000] And first, no, yesterday I got a letter saying that they denied my appeal and I got to come
[08:31.000 --> 08:33.000] up with like 600 bucks.
[08:33.000 --> 08:38.000] And I'm like, you know, by next Friday or something, I'm like, great.
[08:38.000 --> 08:42.000] That just blows because I did everything right.
[08:42.000 --> 08:46.000] I've turned in tons of paperwork against this on this case.
[08:46.000 --> 08:52.000] I even submitted 988 pages of case law when it all originally started.
[08:52.000 --> 08:54.000] And they just shoot everything down.
[08:54.000 --> 09:01.000] And then when they shot the appeal down, I'm thinking, man, there is just no way you can
[09:01.000 --> 09:03.000] get over on these people.
[09:03.000 --> 09:08.000] And, you know, so I was kind of frustrated when I spoke to you about it today.
[09:08.000 --> 09:13.000] And you were like, well, you need to go back to Dallas County and turn in another report
[09:13.000 --> 09:16.000] to the guy that told you to go to Addison.
[09:16.000 --> 09:19.000] I was like, man, I'm playing ping pong with these people.
[09:19.000 --> 09:23.000] And, you know, they're just, they just are unruly as crud.
[09:23.000 --> 09:29.000] I emailed you over that, what they sent me so you could read it at the break if you wanted
[09:29.000 --> 09:31.000] to take a look at it.
[09:31.000 --> 09:37.000] But, you know, it's just hard to do the right thing constantly and still get just quashed
[09:37.000 --> 09:39.000] at every turn.
[09:39.000 --> 09:50.000] That's exactly what we pretty well stated they would do from the start.
[09:50.000 --> 09:58.000] So, I mean, it's not like, this is not a, I'm not saying this is a really easy fight.
[09:58.000 --> 10:04.000] Yours is more difficult because you have several things going on at once.
[10:04.000 --> 10:09.000] And that can kind of get overwhelming.
[10:09.000 --> 10:13.000] Better if you've got one ticket.
[10:13.000 --> 10:18.000] But there is a light at the end of this tunnel.
[10:18.000 --> 10:20.000] It's not a train coming at you.
[10:20.000 --> 10:22.000] It's a train coming at them.
[10:22.000 --> 10:29.000] And everybody who's taken them on has essentially went through this same thing where they do
[10:29.000 --> 10:34.000] everything wrong and you just stay on them.
[10:34.000 --> 10:37.000] You just keep coming after them.
[10:37.000 --> 10:45.000] And here where the judge has denied your appeal, then you just go to the next step.
[10:45.000 --> 10:55.000] You go to the county court and petition the county court for writ of mandamus to order
[10:55.000 --> 11:08.000] the municipal court to forward all your documents to the county court and initiate the appeal.
[11:08.000 --> 11:10.000] Okay.
[11:10.000 --> 11:15.000] And have you sent them a tort letter yet?
[11:15.000 --> 11:17.000] The city of Addison?
[11:17.000 --> 11:20.000] I have not.
[11:20.000 --> 11:23.000] That's probably the next step.
[11:23.000 --> 11:30.000] Really it should have been done a lot earlier because they need to know you're coming after them.
[11:30.000 --> 11:36.000] The judge gets himself an attitude and, oh, have you bargained the judge?
[11:36.000 --> 11:38.000] Oh, yes.
[11:38.000 --> 11:39.000] Good.
[11:39.000 --> 11:43.000] So he's probably pretty upset because you stung him.
[11:43.000 --> 11:47.000] And now he's acting ignorant to pay you back for stinging him.
[11:47.000 --> 11:53.000] Now you go after the mayor for what the municipal court judge is doing.
[11:53.000 --> 11:57.000] I mean, the guy's a municipal court judge.
[11:57.000 --> 12:07.000] If he was one of the sharper knives in the drawer, he wouldn't be moonlighting as a municipal judge.
[12:07.000 --> 12:12.000] He'd be out making the big bucks.
[12:12.000 --> 12:13.000] I agree.
[12:13.000 --> 12:23.000] So the city is not going to like being sued because their municipal court judge is acting ignorant.
[12:23.000 --> 12:31.000] And the fact that this guy knocked out your window, they have to anticipate a civil action coming.
[12:31.000 --> 12:47.000] So I would suggest that you just take the next step, charge the judge again with retaliation for improperly denying your appeal.
[12:47.000 --> 12:50.000] You just keep turning the heat up on him.
[12:50.000 --> 12:55.000] Have you filed judicial conduct complaints against the judge?
[12:55.000 --> 12:57.000] Yes.
[12:57.000 --> 13:07.000] To my understanding, though, a municipal judge can't get a judicial conduct on him because he's not an elected official.
[13:07.000 --> 13:09.000] Oh, absolutely he can.
[13:09.000 --> 13:11.000] Okay. Well, I did.
[13:11.000 --> 13:29.000] What the municipal court judges and JPs believe is that the State Commission on Judicial Conduct never takes action against a county or district judge.
[13:29.000 --> 13:54.000] County and district judges are superior courts, not superior. Let me back up. Municipal and JP courts are considered inferior courts because they are not necessarily manned by learning counsel.
[13:54.000 --> 14:08.000] And those judges in the inferior courts believe that the State Commission on Judicial Conduct never goes after judges in the county or district courts.
[14:08.000 --> 14:19.000] And they only go after municipal judges and JPs in the inferior courts just to make it look like you're actually doing something.
[14:19.000 --> 14:29.000] And that is absolutely true. That's exactly what the condition does. It uses these lower judges for cannon fodder.
[14:29.000 --> 14:36.000] Ken Magnuson, he's on the show occasionally. His brother is a lawyer.
[14:36.000 --> 14:46.000] He was the city attorney for Mansfield, Texas, and for a while he was a municipal judge.
[14:46.000 --> 14:57.000] And he absolutely felt that the State Commission on Judicial Conduct only came after inferior court judges.
[14:57.000 --> 15:02.000] And he was right. They do. And he was terrified of them.
[15:02.000 --> 15:08.000] So absolutely you need to file judicial conduct complaints against this judge.
[15:08.000 --> 15:14.000] The more you file, the more likely the State Commission is going to get annoyed with them.
[15:14.000 --> 15:20.000] And I know this seems frustrating, but it doesn't take long to file a judicial conduct complaint.
[15:20.000 --> 15:25.000] Just a few minutes, write it out, send it in. Doesn't matter what's in it.
[15:25.000 --> 15:29.000] Same with bar grievances.
[15:29.000 --> 15:39.000] But as the Commission gets more complaints against a particular judge, they kind of will get tired of messing with them.
[15:39.000 --> 15:47.000] And if they need a judge to throw under the bus, they would likely to take him.
[15:47.000 --> 15:53.000] But if we are to take things back, this is how we have to do it.
[15:53.000 --> 16:04.000] And don't expect them to lay down on a rollover because they are so accustomed to people just taking whatever they throw at them.
[16:04.000 --> 16:10.000] That it takes a bit to get their attention.
[16:10.000 --> 16:19.000] So next step, judicial conduct complaints, you get a tort letter together, send it to the mayor,
[16:19.000 --> 16:27.000] and then prepare another petition for writ of mandamus.
[16:27.000 --> 16:37.000] Writ of mandamus is simply a request that the higher court judge or the lower court judge to do what the law requires them to do.
[16:37.000 --> 16:40.000] Hang on, be right back.
[16:40.000 --> 16:48.000] This is Randy Kelton, BetPak with La Radio, our caller number is 512-646-1984.
[16:48.000 --> 16:54.000] We'll have the phone lines open all night, so if you have a question or comment, give us a call.
[16:54.000 --> 17:00.000] We'll be right back.
[17:24.000 --> 17:30.000] We'll be right back.
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[19:21.000 --> 19:23.000] Okay, we are back.
[19:23.000 --> 19:24.000] Randy Kelton is at Packwood.
[19:24.000 --> 19:28.000] We're talking to Scott in Texas.
[19:28.000 --> 19:31.000] Now, Scott, you've won a couple of these, haven't you?
[19:31.000 --> 19:39.000] I had Dallas County dismiss my drive-in to the next number, Lawson, back in February.
[19:39.000 --> 19:44.000] So, fortunately, I have that as a copy of that.
[19:44.000 --> 19:49.000] And that's also when I put in a res judicata for Rockwall.
[19:49.000 --> 20:00.000] So, I have that set up and ready because on the 4th, I have to go to Rockwall for an invalid license, which they've classified it as a B.
[20:00.000 --> 20:11.000] That's the biggest deal because those potentially have a term of imprisonment.
[20:11.000 --> 20:13.000] And so, you beat the big one.
[20:13.000 --> 20:21.000] The rest of them are just your standard traffic ticket, $600 for one ticket.
[20:21.000 --> 20:30.000] Two, for failure to ID and my tags, they were expired at the time.
[20:30.000 --> 20:37.000] Failure to ID, that is not a classy misdemeanor, as I recall, is it?
[20:37.000 --> 20:39.000] I guess so.
[20:39.000 --> 20:44.000] I didn't realize if it was or was not, but that's what the fine amount is.
[20:44.000 --> 20:47.000] It was like $200 and then the judge tacked on $80 each.
[20:47.000 --> 20:50.000] So, they're like $200 a pop and then an extra $80.
[20:50.000 --> 20:55.000] So, it's $280 apiece.
[20:55.000 --> 20:56.000] Okay.
[20:56.000 --> 20:58.000] Were these jury trials?
[20:58.000 --> 20:59.000] Yeah.
[20:59.000 --> 21:03.000] Did the jury set the fee?
[21:03.000 --> 21:10.000] Yeah, for the maximum amount, which was $200.
[21:10.000 --> 21:13.000] They always tend to do that to me too.
[21:13.000 --> 21:21.000] Okay.
[21:21.000 --> 21:27.000] This is a problem with municipal judges denying appeals.
[21:27.000 --> 21:36.000] And that's something we really need to go after them for because we've had this with other people where the judge just denies the appeal.
[21:36.000 --> 21:41.000] You really need to start hammering grand juries.
[21:41.000 --> 21:44.000] Let's go back to the grand jury thing.
[21:44.000 --> 21:45.000] Okay.
[21:45.000 --> 21:57.000] This goes to the Tar Baby syndrome. Your whole purpose is to get higher level officials that you can file complaints against.
[21:57.000 --> 22:03.000] Now, you had an official send you to the police department to file a complaint, correct?
[22:03.000 --> 22:05.000] That's correct.
[22:05.000 --> 22:09.000] And you went to the police department and they refused to take the complaint?
[22:09.000 --> 22:11.000] Correct.
[22:11.000 --> 22:19.000] Did you go back to that original, was it an assistant district attorney?
[22:19.000 --> 22:22.000] No, he was a special investigator.
[22:22.000 --> 22:25.000] That's what they generally do is send investigators.
[22:25.000 --> 22:38.000] You should file against the investigator because the investigator is an agent for the district attorney.
[22:38.000 --> 22:42.000] Notice to the agents, notice to the principal.
[22:42.000 --> 22:48.000] Actually, you should file against the district attorney, the elected district attorney.
[22:48.000 --> 23:00.000] Because under Article 2.03, the district attorney doesn't have discretion concerning a complaint against a public official.
[23:00.000 --> 23:09.000] You can charge the district attorney's office with shielding for prosecution.
[23:09.000 --> 23:14.000] And then file suit against the district attorney's office.
[23:14.000 --> 23:17.000] Do they think they have immunity?
[23:17.000 --> 23:28.000] But this was a, you went to see the district attorney and they sent out some thug with a pistol.
[23:28.000 --> 23:31.000] And he sent you to the police department.
[23:31.000 --> 23:41.000] He didn't act on your complaint in accordance with Article 2.03 Code of Criminal Procedure, violating the law relating to his office.
[23:41.000 --> 23:45.000] Instead, he gave you some legal advice.
[23:45.000 --> 23:49.000] And he did so in the name of the district attorney.
[23:49.000 --> 23:51.000] He don't have any immunity.
[23:51.000 --> 23:57.000] The district attorney has no immunity for giving legal advice.
[23:57.000 --> 24:03.000] I once filed a complaint with my local chief of police.
[24:03.000 --> 24:08.000] And he refused to give it to some magistrate the way the law required.
[24:08.000 --> 24:12.000] So I went to him and talked to him about it.
[24:12.000 --> 24:16.000] He said the reason he didn't do it was the county attorney told him not to.
[24:16.000 --> 24:18.000] So I went straight to the county attorney.
[24:18.000 --> 24:21.000] I told him, I'll be back. I'm going to go see the county attorney.
[24:21.000 --> 24:26.000] So I suspect the chief called the county attorney and let him know I was coming.
[24:26.000 --> 24:30.000] Because when I got there, he was ready for me.
[24:30.000 --> 24:36.000] And he came out and he said, Mr. Kelton, do you think I'm out of my professional mind?
[24:36.000 --> 24:44.000] Do you really think I would waive my sovereign immunity by giving legal advice to the police department?
[24:44.000 --> 24:51.000] And I told him, well, I didn't think so, James, but I was just following the thunder here.
[24:51.000 --> 24:54.000] So I went back to the police department, knocked on the door.
[24:54.000 --> 24:58.000] And the officer came to the door and he said, what can I do for you, Mr. Kelton?
[24:58.000 --> 25:05.000] I said, I need you to tell the chief that the county attorney just threw him under the bus.
[25:05.000 --> 25:09.000] And I'm here to run him over with it.
[25:09.000 --> 25:23.000] Well, point being is when you gave the complaint or gave notice to the investigator as an agent for the district attorney,
[25:23.000 --> 25:29.000] you gave notice to the district attorney that a public official is violating a law related to his office.
[25:29.000 --> 25:34.000] Go back and read article 2.03 a couple of times.
[25:34.000 --> 25:44.000] It's a little convoluted in the way it's written, but it's very, when you come away with no doubt as to what it means.
[25:44.000 --> 25:56.000] When a public official is made known that, I'm sorry, when a district attorney or prosecuting attorney is made known that a public official is violating a law related to his office,
[25:56.000 --> 26:00.000] he shall reduce the plaintiff information submitted to the grand jury.
[26:00.000 --> 26:02.000] No discretion.
[26:02.000 --> 26:12.000] In the trial court, did you give notice to the prosecuting attorney that the police officer had committed a crime?
[26:12.000 --> 26:19.000] In the, when I had the trial there, no.
[26:19.000 --> 26:26.000] Did you tell him in the court, I mean, I'm not saying did you give him a verified criminal affidavit.
[26:26.000 --> 26:37.000] Did you notify him in any way that the officer who broke at you would have committed a crime?
[26:37.000 --> 26:40.000] No.
[26:40.000 --> 26:42.000] You should have.
[26:42.000 --> 26:53.000] Then you could go after him and the guy that feels even lower than the municipal judge is the municipal prosecutor.
[26:53.000 --> 27:08.000] But the statute says when a prosecutor, it doesn't say district attorney, county attorney, or municipal prosecutor.
[27:08.000 --> 27:10.000] It says a prosecutor.
[27:10.000 --> 27:20.000] If the legislature had intended to exclude a prosecutor from that requirement, they would have.
[27:20.000 --> 27:23.000] And there's nothing to exclude the prosecutor.
[27:23.000 --> 27:26.000] Have you bar-grieved the prosecutor?
[27:26.000 --> 27:32.000] I bar-grieved the original one, but the day of court, I got a different one.
[27:32.000 --> 27:35.000] So I got to put a bar-grieve on that wall man.
[27:35.000 --> 27:41.000] You need to bar-grieve them because they're right down there at the bottom.
[27:41.000 --> 27:44.000] And this will really hurt them.
[27:44.000 --> 27:49.000] And I know it's hard on attorneys when you bar-grieve them, but life is tough.
[27:49.000 --> 27:53.000] It's hard on us when they prosecute for crimes we didn't commit.
[27:53.000 --> 28:14.000] So my suggestion is that you go back to a district judge in Dallas County with criminal charges against the district attorney for shielding this officer from prosecution.
[28:14.000 --> 28:29.000] And then when the district judge refuses to act, then you file with the attorney general against the district judge and a judicial conduct complaint against the district judge.
[28:29.000 --> 28:37.000] The higher up you get in the hierarchy, the more sensitive they are to this kind of thing.
[28:37.000 --> 28:47.000] That municipal judge, I mean, if he gets fired here, he'll go across the street and get a job as a municipal judge somewhere else.
[28:47.000 --> 28:58.000] And these guys at the bottom, they are absolutely the worst of all of the judges I've ever been in front of.
[28:58.000 --> 29:04.000] Municipal court judges are absolutely the worst.
[29:04.000 --> 29:16.000] JPs are next. Once you get into the county and district court where you got real judges that the public has to elect them primarily based on their record,
[29:16.000 --> 29:20.000] they take a whole different approach.
[29:20.000 --> 29:31.000] And the higher up you get, the more sensitive they are to the kind of politics you will generate for them.
[29:31.000 --> 29:41.000] But don't expect them to come to you and say, oh, wow, you really clobbered me good when you bargained me or when you filed that suit against me.
[29:41.000 --> 29:48.000] They're going to do everything they can not to let you know that you're having an effect.
[29:48.000 --> 29:53.000] So no free rides here. You just got to know that you are. Hang on.
[29:53.000 --> 30:02.000] Back to go to break. We'll be right back.
[30:02.000 --> 30:09.000] Warning to bloggers. When in India, don't post opinions on Facebook or they could land you behind bars.
[30:09.000 --> 30:16.000] I brought your Catherine Albrecht back to tell you how two women got arrested over an innocent Facebook post in a moment.
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[30:27.000 --> 30:32.000] So protect your rights. Say no to surveillance and keep your information to yourself.
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[30:35.000 --> 30:42.000] This message is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo and Bing.
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[30:45.000 --> 30:48.000] Ever regret something you posted on social media?
[30:48.000 --> 30:58.000] In Mumbai, India, a 21-year-old woman questioned on Facebook why the city had to shut down completely to observe the funeral of Belle Fakery, a political activist.
[30:58.000 --> 31:02.000] That posting earned her a trip to jail. She wasn't alone for long.
[31:02.000 --> 31:09.000] Police soon arrested her friend, who had the nerve to like the post, then charged both women with hurting religious sentiments.
[31:09.000 --> 31:12.000] They were only released after relatives bailed them out.
[31:12.000 --> 31:20.000] And later, a mob ransacked a business belonging to the woman's uncle, even after she deleted the comment from her Facebook page and posted an apology.
[31:20.000 --> 31:23.000] Oddly, though, nobody was arrested for that.
[31:23.000 --> 31:31.000] I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine.
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[33:15.000 --> 33:31.000] Okay, we are back, Randy Kelton, that packed rule of law radio, and we're talking to Scott in Texas.
[33:31.000 --> 33:37.000] So Scott, are you all motivated and just jumping up and down and ready to go after him?
[33:37.000 --> 33:41.000] Oh man, you know, I'm just thrilled to no end.
[33:41.000 --> 33:44.000] I thought you would be.
[33:44.000 --> 34:02.000] I guess the order of kind of a nice little sequence would be to go ahead and prepare a couple, some criminal complaints and get a tort letter prepared, and then go hand that to the mayor of Addison because he is a magistrate.
[34:02.000 --> 34:19.000] And then, you know, also with the writ of mandamus saying, you know, he's denied my appeal, and then see what he has to say, see if he stands down on the criminal complaint and not, you know, forcing the judge to, you know, go ahead.
[34:19.000 --> 34:22.000] I think that's a good idea.
[34:22.000 --> 34:43.000] Invoke the mayor's duty as a magistrate and ask him to hold an examining trial concerning the refusal of the municipal judge to act in his capacity as a magistrate.
[34:43.000 --> 35:02.000] Right, and deny my appeal when I feel, when I did everything proper, and then see what he does. And then if he stands down, then go to Dallas County and prepare everything for the district attorney there along with.
[35:02.000 --> 35:05.000] Then you file criminal charges against the mayor.
[35:05.000 --> 35:06.000] Exactly.
[35:06.000 --> 35:12.000] The mayor is going to get real excited when he starts getting criminal charges.
[35:12.000 --> 35:14.000] Right.
[35:14.000 --> 35:34.000] And let him know, because I'll give him the criminal complaint, criminal complaint against the magistrate of the court, the sergeant, the cop, and then let him see that and he'll know that if he stands down, he's going to have a failure to report a felony on him.
[35:34.000 --> 35:36.000] Exactly.
[35:36.000 --> 35:44.000] And let him know this is the ship. Oh, sorry. It's running downhill.
[35:44.000 --> 35:46.000] And that's what they feel like.
[35:46.000 --> 35:51.000] You know, they feel like they're at the bottom and the mayor is very political.
[35:51.000 --> 36:10.000] The public has to elect him, and the next time he runs for mayor, very good chance whoever runs against him is going to drag out these complaints and say, what is this? And he's going to say, oh, that was frivolous, and those were baseless.
[36:10.000 --> 36:15.000] But in the end, perception is everything.
[36:15.000 --> 36:24.000] So the mayor is going to be very political. And like we say, you know, everything is political.
[36:24.000 --> 36:30.000] We think in terms of the statutes of the rule of law, we have to work with that.
[36:30.000 --> 36:33.000] But in the end, everything is political.
[36:33.000 --> 36:37.000] You got to create some politics.
[36:37.000 --> 36:48.000] So you look at the one who will be most sensitive and generally one who is essentially innocent, they had no part in this.
[36:48.000 --> 36:57.000] They want to shimmy up behind that thin blue line, let them, let them take responsibility for it.
[36:57.000 --> 37:02.000] And the municipal judge works for the mayor.
[37:02.000 --> 37:06.000] And if you've been in the military, you understand how this works.
[37:06.000 --> 37:11.000] The municipal judge is going to go to the mayor and say, oh, this guy's just a reactionary.
[37:11.000 --> 37:14.000] He's just a wacko, blah, blah, blah.
[37:14.000 --> 37:20.000] And the mayor is going to say, you need to handle these people.
[37:20.000 --> 37:23.000] I don't care what they are.
[37:23.000 --> 37:28.000] You're getting me a problem when you need to fix it.
[37:28.000 --> 37:33.000] I can almost guarantee you that's what the municipal judge is going to get told.
[37:33.000 --> 37:38.000] I'm sure he's not the only municipal judge in Addison, is he?
[37:38.000 --> 37:42.000] Yeah, he seems to be the only one.
[37:42.000 --> 37:46.000] Oh, well, then maybe we'll get a new one.
[37:46.000 --> 37:48.000] It's a town the size of Addison.
[37:48.000 --> 37:51.000] I would expect them to have more than one.
[37:51.000 --> 37:57.000] And I bet they do have one or two more waiting in the wings.
[37:57.000 --> 38:03.000] So getting rid of a municipal judge and getting a new one, any lawyer can be the municipal judge.
[38:03.000 --> 38:12.000] So the mayor has some politics to push and create some.
[38:12.000 --> 38:17.000] And we need to start creating politics as quickly as we can.
[38:17.000 --> 38:23.000] You being the pro se, you can do that where public officials couldn't.
[38:23.000 --> 38:28.000] And you can run roughshod over all of them and there's nothing they can do.
[38:28.000 --> 38:36.000] At this point, they've absolutely done the worst they can do.
[38:36.000 --> 38:42.000] Except, well, we need to look at this.
[38:42.000 --> 38:45.000] We need to talk about filing the appeal off the air.
[38:45.000 --> 38:50.000] I haven't read the appeal that you, I mean, the denial that you've gotten.
[38:50.000 --> 38:54.000] But we really need to take this on because they've done this before.
[38:54.000 --> 39:01.000] They're trying to block people from appealing their garbage decisions.
[39:01.000 --> 39:03.000] And, you know, they're mistreated.
[39:03.000 --> 39:09.000] So we'll talk about this off the air and work up a strategy to go after this judge.
[39:09.000 --> 39:18.000] But initially, criminal complaints against the mayor would probably be a good place to start.
[39:18.000 --> 39:23.000] I'd like to see if the mayor would actually step up and talk to the judge and say,
[39:23.000 --> 39:25.000] okay, you're going to get your appeal.
[39:25.000 --> 39:27.000] And I can stall about for a little bit.
[39:27.000 --> 39:30.000] If he'll do the right thing, then that's a good thing, at least,
[39:30.000 --> 39:34.000] because he'll be shaking up that judge where nobody can seem to get to him.
[39:34.000 --> 39:38.000] But nine times out of ten, he's probably going to stand down and protect him.
[39:38.000 --> 39:42.000] And when he does, that's when a felony charge goes against the mayor
[39:42.000 --> 39:48.000] and it goes straight over to the DA because you can't get any record,
[39:48.000 --> 39:51.000] you can't get any remedy out of these people.
[39:51.000 --> 39:58.000] Okay, this one should go to the grand jury directly.
[39:58.000 --> 40:00.000] This is the way I did it in Dallas County.
[40:00.000 --> 40:04.000] I went down with criminal complaints for the grand jury.
[40:04.000 --> 40:06.000] I wanted to know who the bailiff was.
[40:06.000 --> 40:10.000] You gave one to the bailiff previously, correct?
[40:10.000 --> 40:13.000] Oh, yeah, I got a video of him on YouTube.
[40:13.000 --> 40:17.000] Have you followed up with complaints against the bailiff?
[40:17.000 --> 40:20.000] I did not yet.
[40:20.000 --> 40:24.000] That, I think, would be something you need to do next.
[40:24.000 --> 40:26.000] Okay.
[40:26.000 --> 40:32.000] Is you go back to the grand jury with a criminal complaint against the bailiff.
[40:32.000 --> 40:36.000] I did this in Austin.
[40:36.000 --> 40:41.000] I went to, in Austin, the district courthouse.
[40:41.000 --> 40:48.000] When you walk in the door to the left or elevators to your right is an information desk
[40:48.000 --> 40:51.000] and there's a little walkway behind the information desk.
[40:51.000 --> 40:55.000] That's where the first door is the district attorney's office.
[40:55.000 --> 40:58.000] The second door is the grand jury.
[40:58.000 --> 41:02.000] So I go in the second door and there's a bailiff sitting there.
[41:02.000 --> 41:06.000] I told the bailiff, instructed the foreman, I told her my name, Randall Kelton,
[41:06.000 --> 41:09.000] instructed the foreman that I have business with the grand jury.
[41:09.000 --> 41:12.000] She said, may I tell him the nature of the business?
[41:12.000 --> 41:13.000] Yes, you may.
[41:13.000 --> 41:14.000] Give him these.
[41:14.000 --> 41:21.000] I gave him a stack of envelopes, 12 envelopes, one for each grand jury member.
[41:21.000 --> 41:28.000] She picks up the phone to dial and I said, just a moment, are you calling the district attorney?
[41:28.000 --> 41:30.000] She said, yes, I am.
[41:30.000 --> 41:37.000] That's probably a bad idea because these complaints are against the district attorney.
[41:37.000 --> 41:42.000] Actually, I told her you shouldn't be talking about the district attorney
[41:42.000 --> 41:46.000] because the district attorney is the criminal.
[41:46.000 --> 41:48.000] She said, well, I'm not sure what to do.
[41:48.000 --> 41:49.000] I need to check.
[41:49.000 --> 41:54.000] She called the district attorney and told her that he said I shouldn't call you
[41:54.000 --> 41:59.000] because he said you're the criminal.
[41:59.000 --> 42:08.000] The district attorney came out and she looked like a female investigator.
[42:08.000 --> 42:11.000] She's in uniform and she's wearing a pistol.
[42:11.000 --> 42:17.000] Claire Dawson Brown was the assistant district attorney.
[42:17.000 --> 42:20.000] I said, Claire, you shouldn't be here.
[42:20.000 --> 42:25.000] This investigator, this security guard, whatever she was, stepped forward.
[42:25.000 --> 42:27.000] She said, is there a problem here?
[42:27.000 --> 42:29.000] Yes, ma'am, there is.
[42:29.000 --> 42:37.000] I said, I'm here to file criminal charges against this assistant district attorney.
[42:37.000 --> 42:41.000] Now, I see you're standing there with that pistol on your hip.
[42:41.000 --> 42:45.000] Are you planning on interfering with me?
[42:45.000 --> 42:52.000] She rose, raised both hands with her palms out, stepped back.
[42:52.000 --> 42:57.000] No, sir, I will not be interfering with you.
[42:57.000 --> 43:02.000] As this gets up higher, it gets more serious.
[43:02.000 --> 43:10.000] Now, don't expect them to come to you and say you really kicked my behind.
[43:10.000 --> 43:13.000] They're not going to do that.
[43:13.000 --> 43:23.000] The way you'll find out that you're making real headway is when you become Mr. Scott Sir.
[43:23.000 --> 43:25.000] Right.
[43:25.000 --> 43:26.000] And that happens.
[43:26.000 --> 43:35.000] When I went to Dallas County, I went with criminal complaints against the JP in Garland.
[43:35.000 --> 43:41.000] Well, I filed against the JP in Garland with the JP in Grand Prairie.
[43:41.000 --> 43:43.000] He sent them back to me.
[43:43.000 --> 43:52.000] So I took complaints against the Grand Prairie JP to the DA.
[43:52.000 --> 43:54.000] I'll pick this up when I come back.
[43:54.000 --> 43:55.000] Randy Kelton.
[43:55.000 --> 43:57.000] That's packed with my radio.
[43:57.000 --> 44:12.000] We'll be right back.
[44:27.000 --> 44:48.000] Thank you.
[44:57.000 --> 45:04.000] Are you the plaintiff or defendant in a lawsuit?
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[46:23.000 --> 46:29.000] Okay, we are back, Randy Kelton, back with Rule of Law Radio, and we're talking to Scott in Texas.
[46:29.000 --> 46:35.000] Okay, I went to the Dallas County grand jury.
[46:35.000 --> 46:43.000] It was at the DA's office, and they sent out these investigators who ordered me to leave the building.
[46:43.000 --> 46:51.000] And I left the building because they had pistols on their hips and I couldn't argue with them because I might get shot.
[46:51.000 --> 46:57.000] So I took those complaints and took it to Tarrant County.
[46:57.000 --> 47:13.000] And the day I took them, I don't know if it was the day, but the week that I took the complaints to the Tarrant County District Attorney against the Dallas County District Attorney,
[47:13.000 --> 47:22.000] the JP in Garland resigned, decided he needed to spend more time with his family.
[47:22.000 --> 47:29.000] Now, nobody came to me and said, he resigned because of you.
[47:29.000 --> 47:38.000] I don't know if he did that or not, but I certainly like to think he did.
[47:38.000 --> 47:41.000] This creates a lot of political pressure.
[47:41.000 --> 47:47.000] So we go to the Sharon Wilson with complaints.
[47:47.000 --> 47:55.000] And okay, there's a few things you need to do when you actually get these to the grand jury.
[47:55.000 --> 48:01.000] Now, one thing, since you have already been to Dallas County and they sent you elsewhere,
[48:01.000 --> 48:14.000] I'm going to suggest that you mail the set of complaints to the foreman of the grand jury, certified, restricted.
[48:14.000 --> 48:25.000] So only he can sign for it, giving him notice that public officials have violated laws related to their office.
[48:25.000 --> 48:37.000] And in the front of the complaint, you put a cover letter asking the foreman to initial this letter,
[48:37.000 --> 48:42.000] return it to you in the included stamp self-addressed envelope.
[48:42.000 --> 48:52.000] So because you have problems with district attorneys secreting complaints against public officials from the grand jury.
[48:52.000 --> 49:00.000] If you don't get that back, that establishes prima facie evidence
[49:00.000 --> 49:10.000] that the foreman did not get the complaints that you sent to the district attorney's office.
[49:10.000 --> 49:17.000] Then you go to the U.S. Postal Service and file charges against the district attorney.
[49:17.000 --> 49:27.000] If you have sent these registered restricted, the person in the mail room is going to sign for them.
[49:27.000 --> 49:30.000] It's just what they do with everything.
[49:30.000 --> 49:36.000] And since these went to the address of the district attorney's office, now you come back,
[49:36.000 --> 49:42.000] you file criminal charges against the district attorney with the U.S. Postal Service.
[49:42.000 --> 49:54.000] This moves it over to the Fed. And the district attorney does not feel like the Fed is going to cover his behind.
[49:54.000 --> 49:58.000] You just walk this up the chain.
[49:58.000 --> 50:00.000] And really, this doesn't take long.
[50:00.000 --> 50:05.000] I mean, to make up a complaint, 10 minutes maybe, you get better at it.
[50:05.000 --> 50:07.000] So don't take long to make one up.
[50:07.000 --> 50:11.000] Drop it in the mail and then go about your business.
[50:11.000 --> 50:21.000] If you file a petition for a writ of mandamus, you'd also get a restraining order against the municipal court
[50:21.000 --> 50:34.000] to restrict them from pursuing the collection of the fine.
[50:34.000 --> 50:36.000] You there, Scott?
[50:36.000 --> 50:43.000] Yeah, no, would that writ go to the Dallas County Court then?
[50:43.000 --> 50:45.000] Yes, County Court.
[50:45.000 --> 50:46.000] Okay.
[50:46.000 --> 50:52.000] You just file it with the county clerk and she will assign a judge to it.
[50:52.000 --> 50:59.000] And you know, they're going to see you're creating political cannon fodder.
[50:59.000 --> 51:00.000] Nobody's going to want this.
[51:00.000 --> 51:03.000] Nobody's going to want to mess with it.
[51:03.000 --> 51:07.000] Nobody's going to, this would be a political hot potato.
[51:07.000 --> 51:17.000] You might notice them that you got a million hits on your YouTube with this incident.
[51:17.000 --> 51:25.000] Now that's nothing to do with the adjudication of the case, which you're going to make them unhappy.
[51:25.000 --> 51:28.000] So give me a call tomorrow.
[51:28.000 --> 51:33.000] I'll go over this and plot a strategy.
[51:33.000 --> 51:35.000] Sounds good.
[51:35.000 --> 51:36.000] Okay.
[51:36.000 --> 51:37.000] Thank you, Scott.
[51:37.000 --> 51:38.000] All right.
[51:38.000 --> 51:39.000] Have a good evening.
[51:39.000 --> 51:40.000] Okay.
[51:40.000 --> 51:42.000] Now we're going to Rodney in Texas.
[51:42.000 --> 51:47.000] Hello, Rodney.
[51:47.000 --> 51:52.000] Hello, Rodney.
[51:52.000 --> 51:55.000] Did we lose Rodney?
[51:55.000 --> 51:59.000] Okay, Rodney, we seem to have lost you.
[51:59.000 --> 52:04.000] If that's the case, then hang up and call back.
[52:04.000 --> 52:08.000] We'll bring you up right after we talk to Sonny.
[52:08.000 --> 52:09.000] Hello, Sonny.
[52:09.000 --> 52:13.000] What do you have for us today?
[52:13.000 --> 52:15.000] Good evening, Randy.
[52:15.000 --> 52:16.000] Good evening.
[52:16.000 --> 52:30.000] I've got a couple of questions just about evictions and whether it's better to make them throw you out.
[52:30.000 --> 52:36.000] I've heard some people say, you know, don't leave, don't abandon the property.
[52:36.000 --> 52:43.000] Make them actually remove you from the property.
[52:43.000 --> 52:46.000] Okay, I agree with that.
[52:46.000 --> 52:53.000] But all they have to do is remove one item.
[52:53.000 --> 52:54.000] Okay.
[52:54.000 --> 52:57.000] So get an old couch that you don't kill.
[52:57.000 --> 53:03.000] Go buy an old junk couch and put it in the living room.
[53:03.000 --> 53:07.000] And they have to come and move that out.
[53:07.000 --> 53:09.000] That way they've actually evicted you.
[53:09.000 --> 53:20.000] And that something in the residence establishes the fact that you're still there.
[53:20.000 --> 53:23.000] Gotcha.
[53:23.000 --> 53:30.000] So where are you at in the overall scheme of this thing?
[53:30.000 --> 53:41.000] I have tried three times in federal court to get a stay on a suit for fraud.
[53:41.000 --> 53:46.000] It's a 42 suit, Brico.
[53:46.000 --> 53:51.000] And I've tried to get a stay three times and they've denied me three times.
[53:51.000 --> 54:02.000] I keep pulling the anti-injunction act saying they don't want to interfere with state court.
[54:02.000 --> 54:03.000] Okay.
[54:03.000 --> 54:07.000] What did you ask them to do?
[54:07.000 --> 54:08.000] Okay.
[54:08.000 --> 54:12.000] Let me back up and explain why I asked that question that way.
[54:12.000 --> 54:23.000] Under Rooker Feldman, the federal court has no power to order around a state judge.
[54:23.000 --> 54:37.000] And in the matter of an eviction, the justice of the peace has total jurisdiction over eviction matters.
[54:37.000 --> 54:45.000] And even though it's a federal judge, he can't tell the justice of the peace what to do.
[54:45.000 --> 54:56.000] So in order to get something accomplished, you have to ask the federal judge not to stay the justice of the peace,
[54:56.000 --> 55:01.000] but to stay the plaintiff in the eviction suit.
[55:01.000 --> 55:06.000] He can stay the plaintiff, but he can't stay the judge.
[55:06.000 --> 55:08.000] Does that make sense?
[55:08.000 --> 55:09.000] Yes.
[55:09.000 --> 55:19.000] And I'm asking specifically for the federal court to stay Deutsche Bank.
[55:19.000 --> 55:31.000] And I'm saying explicitly, I do not want you to stay any state court proceedings or the magistrate judge, just Deutsche Bank.
[55:31.000 --> 55:36.000] None of the other defendants, just Deutsche Bank.
[55:36.000 --> 55:45.000] And they came back again and said it was still under the Anti-Injunction Act,
[55:45.000 --> 55:58.000] even though there are no proceedings that the state has that can be hindered or-
[55:58.000 --> 56:12.000] You might look at an interlocutory appeal on the state of execution of the eviction.
[56:12.000 --> 56:22.000] This should be something that would be ripe for interlocutory appeal.
[56:22.000 --> 56:25.000] Okay.
[56:25.000 --> 56:28.000] So that would go to the appellate court?
[56:28.000 --> 56:30.000] Yeah.
[56:30.000 --> 56:38.000] Not the case itself, just the restraining order.
[56:38.000 --> 56:44.000] I may have missed my deadline for that.
[56:44.000 --> 56:49.000] Usually those deadlines are pretty short to go to the appellate court.
[56:49.000 --> 56:52.000] You got 10 days to give notice.
[56:52.000 --> 56:57.000] Did you ask for reconsideration?
[56:57.000 --> 57:00.000] No, I did not.
[57:00.000 --> 57:01.000] Okay.
[57:01.000 --> 57:02.000] Thank you.
[57:02.000 --> 57:09.000] Always ask for reconsideration because the judge is going to give you a memorandum.
[57:09.000 --> 57:17.000] He's going to give you points and authorities and tell you why he ruled the way he ruled.
[57:17.000 --> 57:25.000] So what you do is you get the case law that he cites and read the case law.
[57:25.000 --> 57:27.000] Now you don't have to read the whole case.
[57:27.000 --> 57:32.000] You just have to read that part of the case that is about your issue.
[57:32.000 --> 57:38.000] So this is not as time consuming as it seems, but it will help you get the issue framed really well.
[57:38.000 --> 57:43.000] And generally I take them apart on the case law.
[57:43.000 --> 57:52.000] Because while they cite this case law, they're not terribly good at making sure that their case law is actually on point.
[57:52.000 --> 57:55.000] So it gives you some good issues to bring.
[57:55.000 --> 57:58.000] You ask the court to reconsider.
[57:58.000 --> 58:02.000] They're going to take a little while and then they're going to deny your reconsideration.
[58:02.000 --> 58:07.000] But you need that in order to be able to do your appeal.
[58:07.000 --> 58:11.000] So in the future, when you get a ruling against you,
[58:11.000 --> 58:20.000] if you've only got 10 days to file a motion for reconsideration, make sure you do that.
[58:20.000 --> 58:26.000] And also make sure there is an order and a judgment.
[58:26.000 --> 58:31.000] The judgment will essentially be your points and authorities.
[58:31.000 --> 58:37.000] If they simply have an order and they haven't addressed each point specifically,
[58:37.000 --> 58:41.000] then the order is not complete.
[58:41.000 --> 58:43.000] There has to be a judgment.
[58:43.000 --> 58:45.000] Hang on, we'll pick this up on the other side.
[58:45.000 --> 58:50.000] Randy Kelton, that packed with our radio, we'll be right back.
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[01:00:44.000 --> 01:00:50.000] Today in history, the year 1977, the Central Intelligence Agency releases 20,000 documents
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[01:00:57.000 --> 01:01:02.000] Today in history.
[01:01:02.000 --> 01:01:05.000] In recent news, Reuters and several human rights organizations,
[01:01:05.000 --> 01:01:10.000] including the Syrian Observatory for Human Rights, SOHR, and Amnesty International,
[01:01:10.000 --> 01:01:14.000] have reported that anywhere between 56 and 160 civilians,
[01:01:14.000 --> 01:01:18.000] including at least 11 children, were killed in a U.S.-led airstrike in Syria yesterday.
[01:01:18.000 --> 01:01:23.000] It appears the strike had apparently hit a school that was sheltering displaced people from Syria.
[01:01:23.000 --> 01:01:29.000] SOHR is reporting that at least 167 civilians have been killed so far in the city of Manbij since May,
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[01:01:38.000 --> 01:01:43.000] Researchers have published a new map of the brain detailing nearly 100 previously unknown regions today.
[01:01:43.000 --> 01:01:47.000] Matthew F. Glasser, a neuroscientist at Washington University School of Medicine
[01:01:47.000 --> 01:01:53.000] and lead author of the new research, said that, quote,
[01:01:53.000 --> 01:01:58.000] There may be a version 2.0 as the data gets better and more eyes look at the data.
[01:01:58.000 --> 01:02:01.000] We hope the map can evolve as the science progresses.
[01:02:01.000 --> 01:02:05.000] Three years ago, Dr. Glasser and his colleagues set out to create a new,
[01:02:05.000 --> 01:02:11.000] much more detailed and precise map of the human brain using data collected by the Human Connectum Project,
[01:02:11.000 --> 01:02:15.000] where 1,200 volunteers were studied with powerful new brain scanners.
[01:02:15.000 --> 01:02:19.000] The project team recorded high-resolution images of each participant's brain
[01:02:19.000 --> 01:02:24.000] and then recorded its activity during hours of tests on memory, language, and other kinds of thought.
[01:02:24.000 --> 01:02:28.000] Scientists plan on using this new map to track the development of young brains
[01:02:28.000 --> 01:02:33.000] and to look for changes caused by disorders like Alzheimer's and other neurological disorders.
[01:02:33.000 --> 01:02:59.000] Music
[01:02:59.000 --> 01:03:24.000] Music
[01:03:24.000 --> 01:03:29.000] Okay, we are back, Randy Kelton-Bett-Pack, Rue La Radio, and we're talking to Sonny in Georgia.
[01:03:29.000 --> 01:03:31.000] Hello, Sonny.
[01:03:31.000 --> 01:03:32.000] Hi, Randy.
[01:03:32.000 --> 01:03:34.000] Okay.
[01:03:34.000 --> 01:03:35.000] I lost my place.
[01:03:35.000 --> 01:03:40.000] I was talking to the producer over the break, and I lost track of where we were.
[01:03:40.000 --> 01:03:45.000] Well, you were explaining how there has to be an order and a judgment.
[01:03:45.000 --> 01:03:47.000] Yes, yes, yes.
[01:03:47.000 --> 01:03:48.000] An order and a judgment.
[01:03:48.000 --> 01:03:52.000] They can be together, but you have to have points and authorities.
[01:03:52.000 --> 01:03:57.000] The court has to address each issue individually.
[01:03:57.000 --> 01:04:00.000] And then that's what you take and you take apart.
[01:04:00.000 --> 01:04:05.000] You look up his case, the court's case law that they depended on,
[01:04:05.000 --> 01:04:13.000] and generally that will reference other similar case law.
[01:04:13.000 --> 01:04:18.000] So if the judge is somewhat off point, when you read this case,
[01:04:18.000 --> 01:04:24.000] it will refer you to similar cases so you can come back with your own case law.
[01:04:24.000 --> 01:04:28.000] But you need to file a motion for reconsideration.
[01:04:28.000 --> 01:04:32.000] It generally takes about, you generally have about 10 days.
[01:04:32.000 --> 01:04:38.000] And that stops the clock on your appeal notice.
[01:04:38.000 --> 01:04:45.000] You file that, and then when the judge denies the motion for reconsideration,
[01:04:45.000 --> 01:04:51.000] the motion for reconsideration, motion for new trial is essentially the same thing.
[01:04:51.000 --> 01:04:56.000] Then when he denies that, then the clock starts again for notice of appeal.
[01:04:56.000 --> 01:05:02.000] It gives you a little more time and gives you a little bit of practice putting together your brief
[01:05:02.000 --> 01:05:05.000] because you're taking apart his order.
[01:05:05.000 --> 01:05:09.000] So then when you do get denied and file a notice of appeal,
[01:05:09.000 --> 01:05:14.000] you already got a head start on your appeal document.
[01:05:14.000 --> 01:05:17.000] Gotcha.
[01:05:17.000 --> 01:05:22.000] One other interesting point about this particular case,
[01:05:22.000 --> 01:05:27.000] which I'd like to hear your take on it.
[01:05:27.000 --> 01:05:32.000] There are three defendants, Deutsche Bank, the trustee,
[01:05:32.000 --> 01:05:37.000] Select Portfolio, the servicer, and MERS.
[01:05:37.000 --> 01:05:41.000] And Deutsche Bank missed their deadline.
[01:05:41.000 --> 01:05:49.000] They defaulted, they missed their deadline in answering this complaint, the 20 days.
[01:05:49.000 --> 01:06:00.000] The attorney is representing all three of them, and he filed, requested more time,
[01:06:00.000 --> 01:06:04.000] which the judge just immediately granted that very same day.
[01:06:04.000 --> 01:06:09.000] It was the very last day that he had to answer.
[01:06:09.000 --> 01:06:14.000] And I just wanted to see if you had anything to...
[01:06:14.000 --> 01:06:15.000] Okay.
[01:06:15.000 --> 01:06:17.000] Look at it this way.
[01:06:17.000 --> 01:06:29.000] That essentially is not a problem because the judges do not want to deny someone their remedy.
[01:06:29.000 --> 01:06:32.000] If the lawyer contacted the court on the last day,
[01:06:32.000 --> 01:06:37.000] that told the court that the lawyer was not ignoring the court.
[01:06:37.000 --> 01:06:40.000] But for whatever reason was delayed,
[01:06:40.000 --> 01:06:51.000] and they're reluctant to deny a litigant his remedy without having an opportunity to make his case.
[01:06:51.000 --> 01:06:58.000] And that's why 70% of all default judgments are overturned,
[01:06:58.000 --> 01:07:00.000] because they don't like default judgment.
[01:07:00.000 --> 01:07:03.000] They don't like you not having an opportunity.
[01:07:03.000 --> 01:07:12.000] So that is not something you will be able to make any headway on.
[01:07:12.000 --> 01:07:23.000] However, Deutsche Bank, who was the original lender?
[01:07:23.000 --> 01:07:32.000] Southern Lenders Mortgage was the original pretender lender who is now out of business.
[01:07:32.000 --> 01:07:39.000] Did you raise the issue of chain of title?
[01:07:39.000 --> 01:07:44.000] Not in this suit for fraud.
[01:07:44.000 --> 01:08:02.000] The suit for fraud goes after the switcheroo, the changing forms of money.
[01:08:02.000 --> 01:08:08.000] You know you're going to get your hat handed to you.
[01:08:08.000 --> 01:08:10.000] Maybe.
[01:08:10.000 --> 01:08:17.000] I sometimes think that the banks deliberately send us after,
[01:08:17.000 --> 01:08:22.000] show me the note, the merge, and these other issues,
[01:08:22.000 --> 01:08:26.000] because that's the easiest ones for them to fight.
[01:08:26.000 --> 01:08:31.000] Okay, a couple questions.
[01:08:31.000 --> 01:08:38.000] Is there an assignment from Southern Lenders Mortgage in the record
[01:08:38.000 --> 01:08:48.000] transferring their asset, the mortgage, to a third party?
[01:08:48.000 --> 01:08:54.000] There is, but it was made by MERS two or three years after.
[01:08:54.000 --> 01:08:57.000] That was going to be my next question.
[01:08:57.000 --> 01:09:04.000] So MERS acted as an agent for the dead guy.
[01:09:04.000 --> 01:09:09.000] That's the argument that should be there.
[01:09:09.000 --> 01:09:16.000] I'm going to suggest, okay, you've already been past the eviction hearing.
[01:09:16.000 --> 01:09:26.000] I'm going to suggest you go back and file a challenge to subject matter jurisdiction on the eviction hearing.
[01:09:26.000 --> 01:09:32.000] I did that at the eviction hearing, and the judge just completely ignored me.
[01:09:32.000 --> 01:09:37.000] Did you appeal that?
[01:09:37.000 --> 01:09:43.000] No, because she said I had to pay $6,500 to make an appeal,
[01:09:43.000 --> 01:09:45.000] and I didn't have $6,500.
[01:09:45.000 --> 01:09:51.000] I mean, I feel like that's a due process violation, but she said, oh, this is just back rent.
[01:09:51.000 --> 01:09:56.000] So you have to pay $6,500 if you want to appeal this.
[01:09:56.000 --> 01:10:07.000] Yeah, that's kind of a...I need to work out a way around that.
[01:10:07.000 --> 01:10:15.000] She just flat out told me she wasn't going to listen to anything I had to say,
[01:10:15.000 --> 01:10:23.000] and I had motions to transfer, motions to challenge subject matter jurisdiction, and she just...
[01:10:23.000 --> 01:10:28.000] She refused to hear the subject matter jurisdiction challenge?
[01:10:28.000 --> 01:10:29.000] Yeah.
[01:10:29.000 --> 01:10:32.000] File criminally against the judge.
[01:10:32.000 --> 01:10:41.000] File in the county court for a motion to strike the order,
[01:10:41.000 --> 01:10:47.000] because the trial court lacks subject matter jurisdiction,
[01:10:47.000 --> 01:10:52.000] and failed to hear the challenge to subject matter jurisdiction.
[01:10:52.000 --> 01:10:55.000] Take that to the county court.
[01:10:55.000 --> 01:10:58.000] There's a very good chance they're not going to come and evict you.
[01:10:58.000 --> 01:11:02.000] Have they red-tagged your property?
[01:11:02.000 --> 01:11:04.000] They did that.
[01:11:04.000 --> 01:11:11.000] The sheriff left a little notice and said to have everything out by Monday, the 25th.
[01:11:11.000 --> 01:11:12.000] Oh, okay.
[01:11:12.000 --> 01:11:17.000] Make sure you have something in there, because this increases the harm,
[01:11:17.000 --> 01:11:22.000] but Monday, the 26th?
[01:11:22.000 --> 01:11:25.000] Monday, the 25th, I believe.
[01:11:25.000 --> 01:11:26.000] The 26th.
[01:11:26.000 --> 01:11:27.000] That's Monday.
[01:11:27.000 --> 01:11:30.000] I've got an appeal for someone who has to be in the den.
[01:11:30.000 --> 01:11:33.000] Okay.
[01:11:33.000 --> 01:11:42.000] Monday, I would have a petition to strike the order
[01:11:42.000 --> 01:11:48.000] and challenge the subject matter jurisdiction and file it with the county court,
[01:11:48.000 --> 01:11:52.000] and ask the county court to strike the pleading,
[01:11:52.000 --> 01:11:56.000] because you filed a subject matter jurisdiction challenge and the judge failed,
[01:11:56.000 --> 01:12:02.000] refused to hear it, and filed criminal charges against the judge.
[01:12:02.000 --> 01:12:04.000] That is criminal.
[01:12:04.000 --> 01:12:08.000] That is outright theft.
[01:12:08.000 --> 01:12:10.000] Now you can sue the judge herself.
[01:12:10.000 --> 01:12:15.000] I suggest you send the judge a tort letter.
[01:12:15.000 --> 01:12:16.000] Okay.
[01:12:16.000 --> 01:12:20.000] The only thing she did on the subject matter jurisdiction,
[01:12:20.000 --> 01:12:25.000] she asked me if I lived in the county,
[01:12:25.000 --> 01:12:29.000] and then she just said, well, then I have subject matter jurisdiction.
[01:12:29.000 --> 01:12:33.000] We'll see about that.
[01:12:33.000 --> 01:12:41.000] Okay, what she's not understanding is she didn't have legal competence,
[01:12:41.000 --> 01:12:50.000] because the petitioner didn't have standing to invoke her subject matter jurisdiction.
[01:12:50.000 --> 01:12:53.000] It's an inferior court.
[01:12:53.000 --> 01:12:59.000] Is this JP a lawyer?
[01:12:59.000 --> 01:13:01.000] Yes, she is.
[01:13:01.000 --> 01:13:03.000] She knew better then.
[01:13:03.000 --> 01:13:05.000] She absolutely knew better.
[01:13:05.000 --> 01:13:10.000] You should file criminally against her and sue her personally
[01:13:10.000 --> 01:13:15.000] for three times the value of the property.
[01:13:15.000 --> 01:13:18.000] Send the county a tort letter,
[01:13:18.000 --> 01:13:23.000] file criminal charges against her with the local grand jury.
[01:13:23.000 --> 01:13:28.000] What kind of grand juries do you have in Georgia?
[01:13:28.000 --> 01:13:31.000] I am not sure.
[01:13:31.000 --> 01:13:33.000] Okay, you might want to look into it.
[01:13:33.000 --> 01:13:38.000] At least send a complaint to the district attorney.
[01:13:38.000 --> 01:13:40.000] Don't go to the district attorney.
[01:13:40.000 --> 01:13:46.000] Send him a complaint, verified criminal affidavit, certified mail,
[01:13:46.000 --> 01:13:48.000] and that's going to get his attention.
[01:13:48.000 --> 01:13:52.000] He's going to call the JP and say what's going on around here,
[01:13:52.000 --> 01:13:56.000] and tort letter to the county commissioner's court.
[01:13:56.000 --> 01:13:58.000] That's going to get their attention,
[01:13:58.000 --> 01:14:01.000] and a tort letter to the mayor.
[01:14:01.000 --> 01:14:10.000] You sue the county, and you sue the mayor in her personal capacity.
[01:14:10.000 --> 01:14:19.000] This is someone's home, and the judge really needs to take that serious.
[01:14:19.000 --> 01:14:23.000] Okay, with a criminal complaint for stealing your house,
[01:14:23.000 --> 01:14:29.000] let's see how she explains that the next time she runs for office.
[01:14:29.000 --> 01:14:35.000] I filed a copy of the RICO suit into her court record,
[01:14:35.000 --> 01:14:39.000] so she was noticed of the suit.
[01:14:39.000 --> 01:14:43.000] She was well aware of that,
[01:14:43.000 --> 01:14:47.000] and I tried to add her to the suit,
[01:14:47.000 --> 01:14:54.000] and they never gave me a summons from the federal court.
[01:14:54.000 --> 01:14:55.000] Summon her yourself.
[01:14:55.000 --> 01:14:58.000] You don't need a summons from the federal court.
[01:14:58.000 --> 01:15:00.000] Okay.
[01:15:00.000 --> 01:15:04.000] That's a good way to sue her.
[01:15:04.000 --> 01:15:15.000] All you do is send her a notice that she's been sued and send it to her.
[01:15:15.000 --> 01:15:19.000] Wait a minute, has your federal suit already been adjudicated?
[01:15:19.000 --> 01:15:20.000] No.
[01:15:20.000 --> 01:15:25.000] No, the other side hasn't even answered yet.
[01:15:25.000 --> 01:15:28.000] Oh.
[01:15:28.000 --> 01:15:37.000] Okay, then how did you get three restraining orders turned down already?
[01:15:37.000 --> 01:15:46.000] I've just been trying to get these states, these motions for states,
[01:15:46.000 --> 01:15:50.000] right here at the beginning to stop this eviction.
[01:15:50.000 --> 01:15:54.000] That's the main thing.
[01:15:54.000 --> 01:15:57.000] I've just been filing them just one after the other.
[01:15:57.000 --> 01:16:03.000] I'll go back and try to tweak it and go back at it again.
[01:16:03.000 --> 01:16:08.000] Okay, you're early in the suit.
[01:16:08.000 --> 01:16:10.000] The eviction is stopping the eviction.
[01:16:10.000 --> 01:16:15.000] Have you considered bankruptcy?
[01:16:15.000 --> 01:16:16.000] I have.
[01:16:16.000 --> 01:16:22.000] I have been down that road several times, not fully gone through with it,
[01:16:22.000 --> 01:16:24.000] but I've started it three or four times.
[01:16:24.000 --> 01:16:27.000] I'm not sure if I can go back there again.
[01:16:27.000 --> 01:16:35.000] How long since you last filed?
[01:16:35.000 --> 01:16:37.000] I'm not sure I'd have to look that up.
[01:16:37.000 --> 01:16:42.000] I mean, more than six months?
[01:16:42.000 --> 01:16:45.000] Maybe, maybe not.
[01:16:45.000 --> 01:16:50.000] Okay, you might be out of that option.
[01:16:50.000 --> 01:16:57.000] Okay, well, that's my suggestion as you petition the county court for...
[01:16:57.000 --> 01:17:23.000] Hang on, we'll be right back.
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[01:18:56.000 --> 01:19:00.000] to learn how to stop debt collectors now.
[01:19:00.000 --> 01:19:10.000] This is the Logos Radio Network.
[01:19:10.000 --> 01:19:25.000] Okay, we are back.
[01:19:25.000 --> 01:19:26.000] Miranda Kelton.
[01:19:26.000 --> 01:19:28.000] That packed with our radio.
[01:19:28.000 --> 01:19:31.000] We're talking to Sonny in Georgia.
[01:19:31.000 --> 01:19:37.000] So, good chance if you've already been red tagged
[01:19:37.000 --> 01:19:40.000] that they're going to go ahead with the eviction,
[01:19:40.000 --> 01:19:47.000] but it's going to give you a much stronger, much larger claim against them.
[01:19:47.000 --> 01:19:57.000] And the thing about the federal suit, how long ago did you file that?
[01:19:57.000 --> 01:20:14.000] It was, this thing was filed maybe, hold on one second.
[01:20:14.000 --> 01:20:18.000] I'm going to get the exact date, June the 21st.
[01:20:18.000 --> 01:20:23.000] Has the other, did they get served?
[01:20:23.000 --> 01:20:33.000] Yeah, Deutsche Bank got served, yeah, they've been.
[01:20:33.000 --> 01:20:37.000] Date, date, I need a date.
[01:20:37.000 --> 01:20:49.000] Deutsche Bank, I believe they were served on the 22nd of last month, I believe.
[01:20:49.000 --> 01:20:53.000] Has they filed an answer?
[01:20:53.000 --> 01:20:54.000] No.
[01:20:54.000 --> 01:20:55.000] Time's up.
[01:20:55.000 --> 01:20:57.000] No, the.
[01:20:57.000 --> 01:21:02.000] Oh, this one where you asked for an extension?
[01:21:02.000 --> 01:21:03.000] Yes, yes.
[01:21:03.000 --> 01:21:04.000] Oh, okay.
[01:21:04.000 --> 01:21:08.000] Yeah, the federal court gave them, gave them more time.
[01:21:08.000 --> 01:21:11.000] Oh, okay.
[01:21:11.000 --> 01:21:13.000] Well, that's too bad.
[01:21:13.000 --> 01:21:29.000] Okay, and did you challenge the standing of Deutsche Bank to initiate the foreclosure proceeding?
[01:21:29.000 --> 01:21:39.000] That, that was, I believe, part of my subject matter jurisdiction challenge in the magistrate court.
[01:21:39.000 --> 01:21:49.000] No, did you file that in the federal suit?
[01:21:49.000 --> 01:21:53.000] That's really important, that's the primary claim that you have.
[01:21:53.000 --> 01:21:59.000] Have you at any time filed a notice of rescission?
[01:21:59.000 --> 01:22:02.000] Yes, yes I have.
[01:22:02.000 --> 01:22:11.000] Was it after you had received a notice of acceleration?
[01:22:11.000 --> 01:22:16.000] After the foreclosure had commenced?
[01:22:16.000 --> 01:22:23.000] I think it was after a notice of acceleration, but it was before the foreclosure sale.
[01:22:23.000 --> 01:22:33.000] Okay, as long as it's after you begin, when you get notice of intent to foreclose, that's when this clock starts.
[01:22:33.000 --> 01:22:54.000] They're going to file a Rule 12 motion to dismiss or fail to state a claim, count on it, and when they do that, then that's a good opportunity for you to file an amended complaint.
[01:22:54.000 --> 01:23:04.000] And the first thing on the amended complaint should be the dead guy argument.
[01:23:04.000 --> 01:23:24.000] Maintain that Deutsche Bank lacked standing to enforce the deed of trust because they're not a party to it.
[01:23:24.000 --> 01:23:27.000] Does that make sense to you?
[01:23:27.000 --> 01:23:30.000] It does, it does make sense.
[01:23:30.000 --> 01:23:39.000] Okay, all of this stuff about show me the note and securitization, that's really a secondary issue.
[01:23:39.000 --> 01:23:50.000] And the banks very much like you to bring that issue because it waives the most difficult thing for them to prove.
[01:23:50.000 --> 01:24:09.000] And when you get to Rule 12, let me know and I have a good dead guy argument for you. We actually sent this to the San Diego, California Court of Appeals in an appeal brief.
[01:24:09.000 --> 01:24:26.000] And they misconstrued it, but in doing so, they said that appellant makes some interesting arguments about, and that was referring to the dead guy argument.
[01:24:26.000 --> 01:24:33.000] But the way they ruled misconstrued what the claim was. This court was going to rule this way no matter what.
[01:24:33.000 --> 01:24:48.000] But they did find it interesting. That was encouraging. And what we say is, is this seven lenders company was a person under law.
[01:24:48.000 --> 01:24:54.000] A legal fiction is a person for the purpose of certain rights.
[01:24:54.000 --> 01:25:12.000] And at some point, this person died. And when the person before the person died, the person didn't transfer his assets to a third party by the court record.
[01:25:12.000 --> 01:25:21.000] And only the person transferring the property can file the transfer in the public record.
[01:25:21.000 --> 01:25:32.000] I can't make up a transfer and file it claiming that you transferred your property to me. You have to file the transfer. That's your asset.
[01:25:32.000 --> 01:25:44.000] So our argument was that since the person died and when a legal fiction dies, there is no probate.
[01:25:44.000 --> 01:25:57.000] So the assets of the legal fiction when it died without transferring the asset to a third party is abandoned by the dead guy.
[01:25:57.000 --> 01:26:02.000] That's the argument you need to bring.
[01:26:02.000 --> 01:26:15.000] The Deutsche Bank lacks standing to invoke the subject matter jurisdiction of the court. They lacked it in the first instance.
[01:26:15.000 --> 01:26:22.000] And here in the federal court, you maintain that they lacked standing.
[01:26:22.000 --> 01:26:31.000] There was something else I'm looking at, but since you've already filed, it may not be appropriate, although it may.
[01:26:31.000 --> 01:26:42.000] You can file under 28 USC 2201. That's a declaratory judgment statute in the Fed.
[01:26:42.000 --> 01:26:55.000] You should look that up and then look up the, what's the name of the federal manual, the federal practice manual.
[01:26:55.000 --> 01:27:05.000] You only get a hit on it at the same time. And look at what it says about the declaratory judgment in the Fed.
[01:27:05.000 --> 01:27:13.000] You can ask the court to render a ruling declaring your rights.
[01:27:13.000 --> 01:27:30.000] And you might move for an abatement of these proceedings and file under 28 USC 2201 for a declaration of rights
[01:27:30.000 --> 01:27:42.000] and ask the court to rule that Deutsche Bank lacks standing by the public record to enforce the security instrument.
[01:27:42.000 --> 01:27:50.000] That's a really focused argument. It has nothing to do with whether you're paying a mortgage or not paying a mortgage.
[01:27:50.000 --> 01:27:59.000] It only has to do with what's in the public record.
[01:27:59.000 --> 01:28:06.000] You try to file a suit against these guys. They got the judges in their pocket. They're bought and paid for.
[01:28:06.000 --> 01:28:13.000] The judges are going to rule against you out of hand at every turn. So you want to back the judge into a corner.
[01:28:13.000 --> 01:28:19.000] Now this is not ruling over the whole case because if you file a number of issues,
[01:28:19.000 --> 01:28:27.000] the judge is going to find one issue he can dismiss over and then just ignore the rest. They do this all the time.
[01:28:27.000 --> 01:28:34.000] So with a declaratory judgment, you got one single issue to argue. It's not so complex.
[01:28:34.000 --> 01:28:44.000] And, you know, in Texas law, we have 13.001 property code that says any claim against real property not properly acknowledged
[01:28:44.000 --> 01:28:48.000] or proven and filed in the public record is avoidance to the holder.
[01:28:48.000 --> 01:28:56.000] You will have something similar in Georgia. Otherwise, there's no point in having a public record.
[01:28:56.000 --> 01:29:07.000] So that's the statute you go on. You don't care who the genuine bona fide holder of the note is.
[01:29:07.000 --> 01:29:17.000] You only care who has given notice in the public record by a uninterrupted chain of title.
[01:29:17.000 --> 01:29:22.000] And there isn't one. So you ask the court to rule.
[01:29:22.000 --> 01:29:28.000] This is what the state law says. Deutsche Bank is a federal actor, a national association.
[01:29:28.000 --> 01:29:36.000] So the federal court can rule on it. They're not, you know, fear they're not running afoul of Rooker Feldman.
[01:29:36.000 --> 01:29:46.000] Deutsche Bank claims this authority. The state law says this. Ask the court to rule based on the state law.
[01:29:46.000 --> 01:29:53.000] That made sense. OK. Hang on, Sonny. Going to work. Randy Kelton. Let's pack.
[01:29:53.000 --> 01:30:02.000] We love radio. We'll be right back.
[01:30:02.000 --> 01:30:06.000] Giving thanks isn't just good manners or something to do on Thanksgiving.
[01:30:06.000 --> 01:30:10.000] New research suggests gratitude is actually good for your health.
[01:30:10.000 --> 01:30:15.000] I'm Dr. Catherine Albrecht. Back to explain the benefits of a heartfelt thank you in a moment.
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[01:30:44.000 --> 01:30:50.000] Thank you. They're just two simple words, but new research suggests gratitude not only improves your social life,
[01:30:50.000 --> 01:30:55.000] it actually reduces stress and produces tangible physical and mental benefits.
[01:30:55.000 --> 01:31:00.000] Studies looked at heart attack patients and found that those who became more appreciative of life
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[01:31:15.000 --> 01:31:19.000] So let's all focus on the positive and show a little more gratitude.
[01:31:19.000 --> 01:31:22.000] Oh, and thank you for listening. I really appreciate it.
[01:31:22.000 --> 01:31:31.000] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
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[01:33:11.000 --> 01:33:26.000] OK, we are back. Randy Kelton backpack here with Sonny in Georgia.
[01:33:26.000 --> 01:33:34.000] So Sonny, I don't know that this will stop the eviction, but it may.
[01:33:34.000 --> 01:33:43.000] And they may not actually pursue, but you certainly can't count on it.
[01:33:43.000 --> 01:33:49.000] But even if they do, it increases the amount of claim you would have.
[01:33:49.000 --> 01:33:55.000] But look at 2201, 28 USC 2201.
[01:33:55.000 --> 01:33:59.000] I read it. I was really intrigued with what I found there.
[01:33:59.000 --> 01:34:04.000] Because it's been my experience dealing with these courts.
[01:34:04.000 --> 01:34:11.000] We really have to back them into a corner where they really don't have a way out.
[01:34:11.000 --> 01:34:23.000] We need them to not have a way to rule that won't get turned over by the Court of Appeals.
[01:34:23.000 --> 01:34:29.000] And here this goes to a very fundamental law.
[01:34:29.000 --> 01:34:33.000] If they rule against this law, then the Court of Appeals gets it.
[01:34:33.000 --> 01:34:35.000] They rule against this law.
[01:34:35.000 --> 01:34:43.000] They undermine the public records of all the states in the country.
[01:34:43.000 --> 01:34:46.000] Does that make sense, Sonny?
[01:34:46.000 --> 01:34:48.000] Yes, it does.
[01:34:48.000 --> 01:34:54.000] To be able to have a clear chain of title is foundational to property rights.
[01:34:54.000 --> 01:34:56.000] Yes, that's everything.
[01:34:56.000 --> 01:35:00.000] And this is the biggest problem the banks have.
[01:35:00.000 --> 01:35:06.000] Did they offer you a modification?
[01:35:06.000 --> 01:35:09.000] Yes.
[01:35:09.000 --> 01:35:15.000] Okay, I have a lawyer in Florida I will send you to.
[01:35:15.000 --> 01:35:21.000] He specializes in going after banks under the Dodd-Frank Act.
[01:35:21.000 --> 01:35:24.000] They never do the modification right.
[01:35:24.000 --> 01:35:25.000] He sues them over it.
[01:35:25.000 --> 01:35:29.000] He gets settlements from them on a regular basis.
[01:35:29.000 --> 01:35:32.000] So send me an email and I'll get you in contact with him.
[01:35:32.000 --> 01:35:36.000] That will give you something else you can go after him for.
[01:35:36.000 --> 01:35:39.000] Okay.
[01:35:39.000 --> 01:35:43.000] There may be a statute of limitations on that one.
[01:35:43.000 --> 01:35:49.000] It was quite some time ago when they offered me that modification.
[01:35:49.000 --> 01:35:50.000] No, no, no.
[01:35:50.000 --> 01:35:52.000] That don't matter.
[01:35:52.000 --> 01:35:58.000] The modification is a prerequisite to foreclosure.
[01:35:58.000 --> 01:36:09.000] So the foreclosure is going to carry the statute of limitations, not the modification.
[01:36:09.000 --> 01:36:12.000] You're going to say you can't foreclose.
[01:36:12.000 --> 01:36:24.000] If you foreclose without doing this properly, then the foreclosure is improper.
[01:36:24.000 --> 01:36:26.000] Does that make sense?
[01:36:26.000 --> 01:36:27.000] Sure.
[01:36:27.000 --> 01:36:28.000] Yes.
[01:36:28.000 --> 01:36:30.000] And then you can go.
[01:36:30.000 --> 01:36:31.000] Okay.
[01:36:31.000 --> 01:36:33.000] This law firm doesn't charge anything.
[01:36:33.000 --> 01:36:35.000] That's why I would recommend them.
[01:36:35.000 --> 01:36:41.000] And if they can get a settlement, they split the settlement with you.
[01:36:41.000 --> 01:36:42.000] Okay.
[01:36:42.000 --> 01:36:44.000] You can't beat that.
[01:36:44.000 --> 01:36:46.000] No.
[01:36:46.000 --> 01:36:47.000] Okay.
[01:36:47.000 --> 01:36:57.000] So send me an email and I will get it to these guys and see what they can do for you.
[01:36:57.000 --> 01:36:58.000] That sounds good.
[01:36:58.000 --> 01:37:00.000] Sounds like a plan.
[01:37:00.000 --> 01:37:01.000] Okay.
[01:37:01.000 --> 01:37:06.000] You have anything else for us?
[01:37:06.000 --> 01:37:07.000] I do.
[01:37:07.000 --> 01:37:10.000] I may call back a little bit later.
[01:37:10.000 --> 01:37:11.000] Okay.
[01:37:11.000 --> 01:37:12.000] Thank you, Sonny.
[01:37:12.000 --> 01:37:15.000] Now we're going to go to Larry in Arizona.
[01:37:15.000 --> 01:37:17.000] Hello, Larry.
[01:37:17.000 --> 01:37:21.000] What do you have for us today?
[01:37:21.000 --> 01:37:35.000] Well, I got caught up in a strange lawsuit and I need a little advice on what kind of legal claims I have in it.
[01:37:35.000 --> 01:37:42.000] Years ago, I was added on to a deed on a piece of property with some other family members.
[01:37:42.000 --> 01:37:55.000] And about 10 years ago, we sold this property to – my dad needed some money to cover his nursing home bills before he died.
[01:37:55.000 --> 01:37:57.000] So we sold this property.
[01:37:57.000 --> 01:38:05.000] But when I signed off on the property, I sent a letter in saying I want no proceeds from the property.
[01:38:05.000 --> 01:38:10.000] I wish my part of the proceeds to go to my father.
[01:38:10.000 --> 01:38:21.000] So fast forward – well, the property went to settle and the title company came back and they said, hey, this property is landlocked.
[01:38:21.000 --> 01:38:25.000] So the buyer came to us and said, what are you going to do about it?
[01:38:25.000 --> 01:38:27.000] Will you get us access?
[01:38:27.000 --> 01:38:34.000] And we said, yeah, we'll try and get, you know, we'll get access for it because we all need access to it.
[01:38:34.000 --> 01:38:42.000] So over the last 10 years, we've been trying to get permanent access to this property.
[01:38:42.000 --> 01:38:47.000] We've spent like $20,000 or $30,000 with attorneys.
[01:38:47.000 --> 01:38:50.000] We have not gotten access to the property.
[01:38:50.000 --> 01:38:53.000] And now the buyer is suing us.
[01:38:53.000 --> 01:38:55.000] Okay, hold on.
[01:38:55.000 --> 01:39:07.000] How did – was this a parcel of – that was separated from a larger piece of land that your father owned?
[01:39:07.000 --> 01:39:09.000] Yes.
[01:39:09.000 --> 01:39:12.000] So your father petitioned this property?
[01:39:12.000 --> 01:39:13.000] Yes.
[01:39:13.000 --> 01:39:28.000] Okay. This should not go back to you. This should go to the title company.
[01:39:28.000 --> 01:39:32.000] The claim that they – they don't have a claim against you.
[01:39:32.000 --> 01:39:36.000] They have a claim against the title company.
[01:39:36.000 --> 01:39:38.000] Oh, wait a minute. Hold on.
[01:39:38.000 --> 01:39:54.000] Was the – was the sale conditional on partitioning the land so that you would have access to it?
[01:39:54.000 --> 01:39:59.000] Well, I mean, actually the whole piece of property is landlocked.
[01:39:59.000 --> 01:40:04.000] How did your father get a piece of property that was landlocked?
[01:40:04.000 --> 01:40:15.000] Wait a minute. You're saying landlocked. I mean, there's no – there's private property all around it.
[01:40:15.000 --> 01:40:26.000] You haven't – have you sued for forced partitioning of any of the property around it to get an easement?
[01:40:26.000 --> 01:40:32.000] No, because the property around it is owned by the state.
[01:40:32.000 --> 01:40:39.000] Okay. State can't landlock property. You can sue the state for an easement.
[01:40:39.000 --> 01:40:47.000] Well, we've – the attorneys we hired looked into that and they said we can't.
[01:40:47.000 --> 01:40:55.000] The state can't – you're not allowed to sell landlocked property.
[01:40:55.000 --> 01:40:56.000] Well, that's true.
[01:40:56.000 --> 01:41:07.000] And the state, how did this –
[01:41:07.000 --> 01:41:16.000] Oh, she don't have a claim. Okay. Was there a guarantee that you would secure access in the contract?
[01:41:16.000 --> 01:41:19.000] No, there was no guarantee.
[01:41:19.000 --> 01:41:24.000] Then let's just get a motion to dismiss.
[01:41:24.000 --> 01:41:27.000] You can't buy a property that's landlocked.
[01:41:27.000 --> 01:41:34.000] Stipulate that you know that it's landlocked when you bought it and then come back and whine because it's landlocked.
[01:41:34.000 --> 01:41:40.000] Okay. What's the nature of the state property that's around it?
[01:41:40.000 --> 01:41:44.000] It's state trust land.
[01:41:44.000 --> 01:41:53.000] So is the land blocked off where you can't drive across it? Or is it public land?
[01:41:53.000 --> 01:41:58.000] Technically, I would say yes.
[01:41:58.000 --> 01:42:03.000] Okay. You've got an easement.
[01:42:03.000 --> 01:42:09.000] Story. Guy selling papers on a corner in New York City.
[01:42:09.000 --> 01:42:13.000] He walked across this empty lot every day for 20 years.
[01:42:13.000 --> 01:42:17.000] Then they built a high-rise on that lot.
[01:42:17.000 --> 01:42:24.000] He sued claiming he had an easement. And he won.
[01:42:24.000 --> 01:42:35.000] If this property has been landlocked and you have been driving across public lands to get to this property, you have an easement.
[01:42:35.000 --> 01:42:38.000] Well, okay. Here's the problem.
[01:42:38.000 --> 01:42:52.000] I haven't been driving across state land adversely because I lease the state land that I drive across to get to the landlocked property.
[01:42:52.000 --> 01:42:58.000] Let me back up just a little bit farther and let me tell you if I have grounds further back here.
[01:42:58.000 --> 01:43:04.000] This property was the 60th homestead of Arizona Territory.
[01:43:04.000 --> 01:43:09.000] It was granted in 1890 by President Harrison.
[01:43:09.000 --> 01:43:15.000] So obviously the original owner had access to it.
[01:43:15.000 --> 01:43:26.000] In 1916, the feds came along and they took all of the unclaimed property surrounding this one and they gave it to the state.
[01:43:26.000 --> 01:43:35.000] Yeah, but they can do that, but they can't take your property that was not landlocked and landlock it.
[01:43:35.000 --> 01:43:39.000] They have to grant an easement.
[01:43:39.000 --> 01:43:46.000] So have your lawyers tried to secure an easement?
[01:43:46.000 --> 01:43:50.000] Supposedly, yes.
[01:43:50.000 --> 01:44:00.000] Okay, that's the only thing I can say. I'm not an expert in this area. Hang on, we'll be right back.
[01:44:20.000 --> 01:44:30.000] We're located at 7304 Burnet Road, Suite A, about a half mile north of the state of Arizona Territory.
[01:44:30.000 --> 01:44:40.000] We're located at 7304 Burnet Road, Suite A, about a half mile north of the state of Arizona Territory.
[01:44:40.000 --> 01:44:51.000] We're located at 7304 Burnet Road, Suite A, about a half mile south of the state of Arizona Territory.
[01:44:51.000 --> 01:44:59.000] We're located at 7304 Burnet Road, Suite A, about a half mile south of the state of Arizona Territory.
[01:44:59.000 --> 01:45:04.000] Are you the plaintiff or defendant in a lawsuit?
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[01:46:20.000 --> 01:46:27.000] Okay, we are back. Randy Kelton, VetPak, Rule of Law Radio. We're talking to Larry in Arizona.
[01:46:27.000 --> 01:46:38.000] Larry, is there a roadway across the public lands leading to your property, or to this particular property?
[01:46:38.000 --> 01:46:46.000] Yes, it's on the home site lease that I have from the state of Arizona.
[01:46:46.000 --> 01:46:53.000] Okay, for the person who owns the property and is not leasing it, they'll have an easement.
[01:46:53.000 --> 01:46:59.000] If there's already a roadway there, and you're leasing the property, the roadway belongs to the public.
[01:46:59.000 --> 01:47:06.000] It's a public roadway. I don't see how you could not get an easement.
[01:47:06.000 --> 01:47:16.000] And anyway, that's a secondary issue. If the person purchased the property knowing that it was landlocked,
[01:47:16.000 --> 01:47:24.000] was there a secondary agreement wherein you agreed to provide access?
[01:47:24.000 --> 01:47:26.000] No written agreement.
[01:47:26.000 --> 01:47:36.000] Then she don't have a claim. You should counter-sue her for frivolous suit. She wants to sue you and you have to hire an attorney.
[01:47:36.000 --> 01:47:40.000] You should counter-sue her for filing a frivolous litigation.
[01:47:40.000 --> 01:47:46.000] Okay. Just tell me if I was on the way off track here.
[01:47:46.000 --> 01:47:55.000] I was going after the point that there was no contract with me because I took no money from this sale.
[01:47:55.000 --> 01:47:59.000] You received no benefit. That's a good point.
[01:47:59.000 --> 01:48:01.000] Yeah, it was no benefit to me.
[01:48:01.000 --> 01:48:08.000] Did you have partial ownership of the property?
[01:48:08.000 --> 01:48:14.000] Well, yeah. My father had put three siblings on the deed with him.
[01:48:14.000 --> 01:48:21.000] Okay, then there is a contract because something of value changed hands.
[01:48:21.000 --> 01:48:27.000] The fact that you didn't receive something of value in return is not relevant.
[01:48:27.000 --> 01:48:31.000] There was an agreement and something of value changed hands,
[01:48:31.000 --> 01:48:36.000] consequent to the agreement that creates the contract.
[01:48:36.000 --> 01:48:37.000] Okay.
[01:48:37.000 --> 01:48:43.000] So that one you won't make, but they don't have a claim.
[01:48:43.000 --> 01:48:51.000] If there's no contractual agreement and the buyer was aware of the landlocked condition,
[01:48:51.000 --> 01:48:57.000] then if they have an issue, they have it with the state and not with you.
[01:48:57.000 --> 01:49:00.000] Okay. Let me just ask you, I'm curious.
[01:49:00.000 --> 01:49:04.000] I've gone to the state and I said, look, I need an easement.
[01:49:04.000 --> 01:49:07.000] They said, it's not our problem.
[01:49:07.000 --> 01:49:10.000] The feds created it. The feds secure it.
[01:49:10.000 --> 01:49:15.000] So I said, okay. So I went to the BLM and I said, hey, in 1916,
[01:49:15.000 --> 01:49:20.000] you guys gave this property to the state that had my access to my property.
[01:49:20.000 --> 01:49:24.000] And the feds said, well, it's not our problem. We gave it to the state.
[01:49:24.000 --> 01:49:26.000] The feds are right. The state has it.
[01:49:26.000 --> 01:49:32.000] The state can't landlock your property. The state's lying to you.
[01:49:32.000 --> 01:49:33.000] Oh, really?
[01:49:33.000 --> 01:49:41.000] If it belongs to the state, the feds have no power to order the state to give you an easement.
[01:49:41.000 --> 01:49:45.000] That would be undue preemption of state law.
[01:49:45.000 --> 01:49:50.000] This is strictly a state issue.
[01:49:50.000 --> 01:49:57.000] So this woman should sue the state for an easement.
[01:49:57.000 --> 01:49:58.000] Okay.
[01:49:58.000 --> 01:50:08.000] And you should definitely countersue her for your costs and for filing a frivolous pleading.
[01:50:08.000 --> 01:50:14.000] Okay.
[01:50:14.000 --> 01:50:15.000] Okay.
[01:50:15.000 --> 01:50:16.000] Okay.
[01:50:16.000 --> 01:50:20.000] Well, I appreciate it and I will let you get on to the next caller.
[01:50:20.000 --> 01:50:22.000] Okay. Hope that helps.
[01:50:22.000 --> 01:50:23.000] Okay.
[01:50:23.000 --> 01:50:24.000] Okay. Thank you, Larry.
[01:50:24.000 --> 01:50:28.000] Now we're going to go to Oliver in Tennessee.
[01:50:28.000 --> 01:50:30.000] Hello, Oliver.
[01:50:30.000 --> 01:50:31.000] Oh, that's good.
[01:50:31.000 --> 01:50:33.000] I'm a great man.
[01:50:33.000 --> 01:50:38.000] Oliver, are you there?
[01:50:38.000 --> 01:50:42.000] It sounds like you have a speakerphone going.
[01:50:42.000 --> 01:50:49.000] Yeah.
[01:50:49.000 --> 01:50:52.000] Oliver, do you know we're talking to you?
[01:50:52.000 --> 01:50:55.000] It sounds like you're talking to someone else.
[01:50:55.000 --> 01:50:56.000] No, no.
[01:50:56.000 --> 01:50:57.000] I was waiting.
[01:50:57.000 --> 01:50:58.000] Hello.
[01:50:58.000 --> 01:50:59.000] Can you hear me?
[01:50:59.000 --> 01:51:00.000] Yeah.
[01:51:00.000 --> 01:51:01.000] Now I can hear you.
[01:51:01.000 --> 01:51:02.000] Okay.
[01:51:02.000 --> 01:51:03.000] How you doing?
[01:51:03.000 --> 01:51:06.000] Hey, I got to tell you, man, I got to thank you a lot.
[01:51:06.000 --> 01:51:13.000] And once all this go down, I'm going to have to come personally to meet you to thank you.
[01:51:13.000 --> 01:51:14.000] Okay.
[01:51:14.000 --> 01:51:16.000] Did you get the document I sent back to you?
[01:51:16.000 --> 01:51:17.000] Yes, you did.
[01:51:17.000 --> 01:51:21.000] And when I read it, while I was getting all the information, it felt powerful.
[01:51:21.000 --> 01:51:22.000] It felt very powerful.
[01:51:22.000 --> 01:51:29.000] But once I looked in the format that you put it in, I couldn't hold myself.
[01:51:29.000 --> 01:51:32.000] I mean, it was amazing.
[01:51:32.000 --> 01:51:33.000] Okay.
[01:51:33.000 --> 01:51:34.000] I can't.
[01:51:34.000 --> 01:51:44.000] If you will look at that, if you will move the cursor over a set of text and then go
[01:51:44.000 --> 01:51:52.000] up to the top, this is in Microsoft Word, about the, if you click the home tab, that's
[01:51:52.000 --> 01:51:56.000] the one it normally comes up with when you open it.
[01:51:56.000 --> 01:52:02.000] And you go over three sections that says styles.
[01:52:02.000 --> 01:52:08.000] When you move your cursor over something, if it has a style attached to it, the style
[01:52:08.000 --> 01:52:11.000] will highlight in the styles box.
[01:52:11.000 --> 01:52:16.000] Now, if you can't see all of them down in the bottom right hand corner, there's an arrow.
[01:52:16.000 --> 01:52:24.000] Click that arrow and a panel will pop up with all the styles in it.
[01:52:24.000 --> 01:52:30.000] And like in your document, you have a lot of quotes.
[01:52:30.000 --> 01:52:36.000] Whenever I'm writing the legal document, I always think about mental flow.
[01:52:36.000 --> 01:52:41.000] And quotes are one of the things that interrupt mental flow.
[01:52:41.000 --> 01:52:43.000] You're quoting statutes.
[01:52:43.000 --> 01:52:47.000] And if a judge is reading this document, he already knows those statutes.
[01:52:47.000 --> 01:52:51.000] But you need them in there so that they're before the court.
[01:52:51.000 --> 01:52:57.000] So when I put in a statute, I format it differently.
[01:52:57.000 --> 01:53:06.000] And in that document I sent you, I have a set of styles already set up.
[01:53:06.000 --> 01:53:15.000] And if you move your cursor over one of these quoted statutes, then you look over in the
[01:53:15.000 --> 01:53:19.000] styles panel and you'll see quote highlighted.
[01:53:19.000 --> 01:53:27.000] So if you put in another one, you highlight the section and then you go over and select
[01:53:27.000 --> 01:53:33.000] the quote style and it will apply that style to the section of quotes so you don't have
[01:53:33.000 --> 01:53:37.000] to style it yourself each time.
[01:53:37.000 --> 01:53:40.000] That makes sense to you.
[01:53:40.000 --> 01:53:46.000] Right, because I didn't complete, I didn't finish completing explaining all the charges
[01:53:46.000 --> 01:53:48.000] because I think I got like six more.
[01:53:48.000 --> 01:53:50.000] Yeah, that's okay.
[01:53:50.000 --> 01:53:53.000] I reformatted that and sent it back to you.
[01:53:53.000 --> 01:53:59.000] You had one paragraph that was a whole page long.
[01:53:59.000 --> 01:54:04.000] I'm sorry, one sentence that was a page long.
[01:54:04.000 --> 01:54:10.000] You need your sentence to be no more than two lines long ever, if you can.
[01:54:10.000 --> 01:54:12.000] Anywhere you can avoid it.
[01:54:12.000 --> 01:54:14.000] Two lines, okay.
[01:54:14.000 --> 01:54:20.000] Go back and read it and take out the conjunctions, take out the ands and anything that stitches
[01:54:20.000 --> 01:54:22.000] sentences together.
[01:54:22.000 --> 01:54:26.000] Put a period and start a new sentence.
[01:54:26.000 --> 01:54:30.000] Makes it a whole lot easier to read.
[01:54:30.000 --> 01:54:35.000] But when I first looked at it, I couldn't make heads or tails of it, but when I went
[01:54:35.000 --> 01:54:41.000] back in and started breaking it into paragraphs and sections, they really began to make sense.
[01:54:41.000 --> 01:54:46.000] It's a much better document than I thought when I first looked at it.
[01:54:46.000 --> 01:54:50.000] All it needs is formatting.
[01:54:50.000 --> 01:54:51.000] Okay.
[01:54:51.000 --> 01:54:59.000] You need to get you a book on Microsoft Word or go online and look up some tutorials on
[01:54:59.000 --> 01:55:01.000] how to use Word.
[01:55:01.000 --> 01:55:09.000] A couple of tutorials, one on styling primarily, it won't take you long to pick all this up.
[01:55:09.000 --> 01:55:12.000] This is not difficult at all.
[01:55:12.000 --> 01:55:17.000] You can find tutorials all over the Internet to show you how to do that.
[01:55:17.000 --> 01:55:19.000] Okay.
[01:55:19.000 --> 01:55:26.000] Now, back to business.
[01:55:26.000 --> 01:55:31.000] What did you have for us tonight?
[01:55:31.000 --> 01:55:36.000] Well, I wanted to thank you for that because it took me about three, four hours to get
[01:55:36.000 --> 01:55:39.000] a hold of myself after reading it.
[01:55:39.000 --> 01:55:49.000] Also, I can use this style for my other suits because I have like six, seven other situations
[01:55:49.000 --> 01:55:58.000] dealing with the cops in the city, so I can use this same format of complaint form.
[01:55:58.000 --> 01:56:09.000] Okay. What I will do then is I will send you the document I took this from because it has
[01:56:09.000 --> 01:56:16.000] everything all formatted and styled in it, and I have all of the parts and pieces where
[01:56:16.000 --> 01:56:21.000] they need to be so you can see how to put together one of these documents from start
[01:56:21.000 --> 01:56:23.000] to finish.
[01:56:23.000 --> 01:56:34.000] Well, I start out with actually this particular document that I took this from was taken right
[01:56:34.000 --> 01:56:37.000] out of Texas code.
[01:56:37.000 --> 01:56:45.000] This was a style that was in the code for filing a quiet title action.
[01:56:45.000 --> 01:56:51.000] This will tell you how to structure your suit so it makes more sense.
[01:56:51.000 --> 01:56:56.000] Actually, I will pull up two or three of my old suits and send them to you so you can
[01:56:56.000 --> 01:56:57.000] see.
[01:56:57.000 --> 01:57:02.000] I have got some civil suits that I have helped people file.
[01:57:02.000 --> 01:57:09.000] I will send you one of those so you can see how I start out with this is what it is about,
[01:57:09.000 --> 01:57:16.000] these are the parties, this is the jurisdiction, causes of action, cause of action one, two,
[01:57:16.000 --> 01:57:17.000] three.
[01:57:17.000 --> 01:57:26.000] You do parties, jurisdiction, statement of facts, then argument and support, and then
[01:57:26.000 --> 01:57:31.000] you go to causes of action.
[01:57:31.000 --> 01:57:36.000] You tend to tell the story.
[01:57:36.000 --> 01:57:41.000] In your statement of facts, you tell the story in terms of fact.
[01:57:41.000 --> 01:57:45.000] This happened, this happened, this happened, this happened.
[01:57:45.000 --> 01:57:53.000] Then in your argument and support, you say this happened and it shouldn't have happened,
[01:57:53.000 --> 01:57:54.000] it should have happened this way.
[01:57:54.000 --> 01:57:57.000] You explain why those facts are important.
[01:57:57.000 --> 01:58:03.000] Now your reader kind of got a good idea of what the heck went on.
[01:58:03.000 --> 01:58:07.000] Then you go to causes of action.
[01:58:07.000 --> 01:58:14.000] You state your cause of action and you refer to the facts that you stated and your arguments
[01:58:14.000 --> 01:58:21.000] in support of the facts in order to fill in the elements of your cause of action.
[01:58:21.000 --> 01:58:23.000] Does that make sense?
[01:58:23.000 --> 01:58:24.000] Yes.
[01:58:24.000 --> 01:58:31.000] I will send you a couple of documents that will show you how we did that.
[01:58:31.000 --> 01:58:35.000] That is so your reader always knows where you are at.
[01:58:35.000 --> 01:58:45.000] The one thing I try to never do is create a question in the mind of my reader without
[01:58:45.000 --> 01:58:47.000] answering that question quickly.
[01:58:47.000 --> 01:58:50.000] We'll be right back.
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