ROL_2016-08-05_16k_Hr3-4.timecode

[00:00.000 --> 00:08.000]  The following news flash is brought to you by the Lone Star Lowdown, providing the daily bulletins for the commodities market.
[00:08.000 --> 00:16.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:16.000 --> 00:31.000]  Markets for Friday, the 5th of August, 2016, are currently trending with gold at $1,336.29 an ounce, silver at $19.71 an ounce,
[00:31.000 --> 00:39.000]  Texas crude at $41.93 a barrel, and Bitcoin is currently sitting at about 581 U.S. currency.
[00:39.000 --> 00:51.000]  Today in history, the year, last year, 2015, the Environmental Protection Agency at Gold King Mine accidentally
[00:51.000 --> 00:57.000]  releases a spill of 3 million gallons of heavy metal toxins and wastewater into the Animas River in Colorado,
[00:57.000 --> 01:02.000]  poisoning the water supply of the Navajo Nation, who later filed a suit against the EPA.
[01:02.000 --> 01:12.000]  Today in history, in recent news, Fairfax, Virginia County Police arrested their mayor, Richard Scott Silverthorne,
[01:12.000 --> 01:16.000]  on charges of distributing methamphetamines as part of a meth-for-sex scheme.
[01:16.000 --> 01:21.000]  He was arrested Thursday after he allegedly provided meth to an undercover officer who met him at a hotel.
[01:21.000 --> 01:26.000]  Silverthorne, who is currently serving his third term as mayor, was charged with a felony of distribution of meth
[01:26.000 --> 01:29.000]  and misdemeanor possession of drug paraphernalia.
[01:29.000 --> 01:33.000]  Commander of the Organized Crime and Narcotics Division, Captain Jack Harden,
[01:33.000 --> 01:37.000]  told reporters that an investigation into the mayor's activities began three weeks ago
[01:37.000 --> 01:43.000]  after a citizen had told police that the mayor was distributing meth through a website used for casual hookups between men.
[01:43.000 --> 01:48.000]  Fairfax is a city of about 23,000, roughly 20 miles west of Washington, D.C.,
[01:48.000 --> 01:54.000]  and was ranked number three by Forbes in an article on the top 25 places to live well.
[01:54.000 --> 02:04.000]  Located in Greenland, Camp Century, an abandoned and buried U.S. Army base used at a research station test site
[02:04.000 --> 02:09.000]  for deploying nuclear missiles, is raising concerns from scientists who fear that the melting of the ice sheet
[02:09.000 --> 02:15.000]  under which the base was buried nearly five decades ago will expose vast amounts of chemical pollutants
[02:15.000 --> 02:20.000]  left behind by the Army, which could spread and have really negative consequences.
[02:20.000 --> 02:25.000]  Everything from radioactive cooling water to diesel fuel for generators and vehicles and sumps
[02:25.000 --> 02:30.000]  dug into the snow storing human waste were left behind when the base was shut down
[02:30.000 --> 02:35.000]  due to the impracticality of Project Iceworm, an effort to dig tunnels under the ice cap
[02:35.000 --> 02:39.000]  which could deliver nuclear bombs to Russia in case the Cold War went hot.
[02:39.000 --> 02:59.000]  Climate computer models say that the camp could be uncovered by the end of the century.
[03:09.000 --> 03:24.000]  Well, I received my remedy today, came in a box just like they say.
[03:24.000 --> 03:31.000]  Okay, we are back. Randy Kelton, Radio and we're talking to Oliver in Tennessee.
[03:31.000 --> 03:41.000]  Okay, Oliver. So in your lawsuit, this was just the suit for the automobiles, correct?
[03:41.000 --> 03:44.000]  Right, suit for automobiles.
[03:44.000 --> 03:48.000]  What were your causes of action?
[03:48.000 --> 03:58.000]  The cause of action is action to recover personal property, inverse condemnation, conversion.
[03:58.000 --> 04:07.000]  Those are the three and the 42 U.S. 1983 suit.
[04:07.000 --> 04:10.000]  Oh, so you filed this in the federal court?
[04:10.000 --> 04:17.000]  No, I filed it in the state court. I was reading some lawsuits.
[04:17.000 --> 04:26.000]  I was reading some decisions and it said that you can file these federal actions in state court
[04:26.000 --> 04:35.000]  if the state actions are the same actions that cause the federal violations,
[04:35.000 --> 04:39.000]  then you can submit it into the central court.
[04:39.000 --> 04:46.000]  Well, that is interesting. You mentioned conversion.
[04:46.000 --> 04:57.000]  The interesting thing about conversion here in Texas, conversion used to be a civil action.
[04:57.000 --> 05:07.000]  They changed it into a quam and they made a special statute so that you could sue for,
[05:07.000 --> 05:13.000]  I forget exactly the name of the statute, they created a special statute to sue under.
[05:13.000 --> 05:22.000]  Have you considered the fact that they took your cars illegally? That's criminal.
[05:22.000 --> 05:27.000]  Yes, I tried like during the time I was trying to get everything settled,
[05:27.000 --> 05:34.000]  I went to the police department and tried to get a complaint, a criminal complaint against them.
[05:34.000 --> 05:44.000]  I tried to get the police to file charges against the company and they're telling me that they couldn't do it.
[05:44.000 --> 05:55.000]  I went there trying to file criminally against the company who took my vehicle.
[05:55.000 --> 06:14.000]  Can I do anything with that? Against the police department or something about application of law, equal application of law?
[06:14.000 --> 06:18.000]  Equal protection.
[06:18.000 --> 06:27.000]  So when you sued, I missed part of that because I was clearing some noise I had in the background that may have been causing your voice to sink up and down.
[06:27.000 --> 06:44.000]  It might have been me and not you. But when you sued, did you name the police in the suit for not taking your complaints?
[06:44.000 --> 06:51.000]  That's part that I'm going to amend. I'm finishing it up.
[06:51.000 --> 06:57.000]  It was so long that I wanted to start the process before they got rid of my car. But that's part.
[06:57.000 --> 07:08.000]  I do have the name. I have the report. I have the report like the police report, the date, the time, their badge number. I have all that information.
[07:08.000 --> 07:18.000]  So you might sue them for denying you the equal protection of the laws for the purpose of shielding these individuals from prosecution who stole your car.
[07:18.000 --> 07:23.000]  I don't know if you have the statute in Tennessee. I'm sure you have it in some format.
[07:23.000 --> 07:32.000]  But in Texas, we've got 38.05 Texas Penal Code shielding from prosecution. And that's a felony in the state of Texas.
[07:32.000 --> 07:35.000]  Oh, shielding from prosecution.
[07:35.000 --> 07:41.000]  Yes. Look that up. You'll have something similar.
[07:41.000 --> 07:50.000]  And this is the kind of accusation that generally only a public official can.
[07:50.000 --> 07:55.000]  It's a statute that only a public official can violate.
[07:55.000 --> 08:02.000]  But they were telling me that that's their policy. So why can't I sue the city? I want to be.
[08:02.000 --> 08:08.000]  I know. Well, you can. But you can also sue the individuals.
[08:08.000 --> 08:11.000]  They don't know nothing.
[08:11.000 --> 08:18.000]  Their problem, not your problem. You've got another deep pocket to get into.
[08:18.000 --> 08:19.000]  OK.
[08:19.000 --> 08:31.000]  You start. I'd like to go down and file charges against a police officer for filing following policy.
[08:31.000 --> 08:35.000]  That makes them go berserk.
[08:35.000 --> 08:49.000]  I have criminal charges against a Texas ranger for following the policy laid down by the director of the Department of Public Safety.
[08:49.000 --> 08:55.000]  Criminal conspiracy and obstruction.
[08:55.000 --> 09:05.000]  Now, I'm not even to the point of suing them yet, but the officer will claim that he has immunity.
[09:05.000 --> 09:12.000]  Let's talk about that. He has immunity from criminal acts.
[09:12.000 --> 09:26.000]  That's a deliberate act. That's an act of you. Normally, they would have immunity from anything to do with in the scope of their employment.
[09:26.000 --> 09:38.000]  It cannot be construed that committing crimes is within scope.
[09:38.000 --> 09:44.000]  The courts are going to grant them immunity. Who cares?
[09:44.000 --> 09:57.000]  In the meantime, you do that and none of you thought you can hogtie one of them cops and throw them at you.
[09:57.000 --> 10:04.000]  So you want to protect your buddies? And I tell police officers this all the time.
[10:04.000 --> 10:11.000]  Well, life is filled with little decisions. We all get to make some.
[10:11.000 --> 10:18.000]  Are you going to follow law and perform your duty? Are you going to perform your duty as prescribed by law?
[10:18.000 --> 10:24.000]  Or are you going to shield this person from prosecution in violation 38.05 penal code?
[10:24.000 --> 10:33.000]  It's your call. Decide. Think about it that way.
[10:33.000 --> 10:40.000]  All right. So I have like four or five suits that I'm about to get.
[10:40.000 --> 10:48.000]  So now you're telling me that I should, when I sue the city, I should also name their personal?
[10:48.000 --> 10:54.000]  Name the officers in their personal capacity.
[10:54.000 --> 11:02.000]  And I would suggest that you accuse them directly of following policy.
[11:02.000 --> 11:11.000]  This is a good point to make. These officers think as long as they follow policy, they're covered.
[11:11.000 --> 11:21.000]  As long as you follow policy that comports withstanding law, you're covered.
[11:21.000 --> 11:28.000]  But if your policy affects a criminal violation, you're a criminal.
[11:28.000 --> 11:34.000]  Right. Your policy has categories or you're saying ways to apply it.
[11:34.000 --> 11:39.000]  If you apply it incorrectly, you've created a crime.
[11:39.000 --> 11:46.000]  Yeah. And now sometimes they can apply policy incorrectly and they don't commit a crime.
[11:46.000 --> 11:49.000]  They just get their boss mad at them.
[11:49.000 --> 11:57.000]  But even if sometimes they follow policy correctly and it creates a crime, that's what happened to the Ranger.
[11:57.000 --> 12:01.000]  He followed policy exactly the way he was supposed to.
[12:01.000 --> 12:03.000]  Right.
[12:03.000 --> 12:09.000]  His problem was what the director told him to do was criminal.
[12:09.000 --> 12:13.000]  And he's going to say, well, the boss told me to.
[12:13.000 --> 12:21.000]  And he said, well, you know, you can do what the boss said and keep your job.
[12:21.000 --> 12:28.000]  But when you violate law, you can go to jail. Your call.
[12:28.000 --> 12:38.000]  So don't come whining to me when I come back after you for committing the crime against me.
[12:38.000 --> 12:40.000]  What do you feel about the mayor?
[12:40.000 --> 12:43.000]  I have several suits. It's going to be like four or five, six of them.
[12:43.000 --> 12:48.000]  Should I hit her in her personal capacity?
[12:48.000 --> 12:56.000]  Yes. And I would say if an officer, you see, the mayor is responding at Superior.
[12:56.000 --> 13:02.000]  Everybody works for the mayor. So you're the master.
[13:02.000 --> 13:04.000]  They're the servants.
[13:04.000 --> 13:10.000]  The mayor works for you because you helped elect the mayor.
[13:10.000 --> 13:13.000]  Everybody else works for the mayor.
[13:13.000 --> 13:20.000]  So as far as you're concerned, the mayor answers to you, everybody else answers to the mayor.
[13:20.000 --> 13:26.000]  And what everybody else does, they do at the behest of the mayor.
[13:26.000 --> 13:32.000]  And that's what the concept of responding at Superior goes to.
[13:32.000 --> 13:40.000]  The Superior that the subordinates respond to is responsible for what the subordinates do.
[13:40.000 --> 13:48.000]  So, Oliver, did you hire the chief of police?
[13:48.000 --> 13:50.000]  No.
[13:50.000 --> 13:54.000]  The mayor hired the chief of police.
[13:54.000 --> 13:58.000]  Did you give the chief of police his marching orders?
[13:58.000 --> 14:00.000]  No.
[14:00.000 --> 14:02.000]  The mayor did that.
[14:02.000 --> 14:11.000]  So whatever he does, he does at the behest of the mayor, and the mayor is equally culpable.
[14:11.000 --> 14:17.000]  So name the mayor, but you also, just because the mayor is culpable for what the actor did,
[14:17.000 --> 14:22.000]  the actor is not absolved of his own responsibility.
[14:22.000 --> 14:30.000]  And when you start suing these police officers for following faulty policy,
[14:30.000 --> 14:39.000]  that's how you get the policy changed because the police officer is going to tell them, screw you.
[14:39.000 --> 14:42.000]  You want that done, you go out there and do it.
[14:42.000 --> 14:46.000]  I'm not going to do it because he's going to sue me.
[14:46.000 --> 14:49.000]  Oh, well, we got our lawyers, we'll take care of you.
[14:49.000 --> 14:54.000]  Yeah, but that goes on my record forever that I got sued.
[14:54.000 --> 14:56.000]  So it taints the officer's record.
[14:56.000 --> 14:59.000]  You start suing these police officers.
[14:59.000 --> 15:05.000]  You won't be able to hogtie these guys and throw them at you because they won't want anything to do with you.
[15:05.000 --> 15:09.000]  I'm telling you, lawsuits get their attention.
[15:09.000 --> 15:19.000]  And as I deal with this more and more, it's become clear to me that the real source of the problem
[15:19.000 --> 15:28.000]  and the place to cure the problem is not the police officer, it's not the mayor, it's not the judges.
[15:28.000 --> 15:31.000]  It is the lawyers.
[15:31.000 --> 15:36.000]  More than anything, we need to start suing the lawyers.
[15:36.000 --> 15:46.000]  When you hire a lawyer to represent you and he doesn't represent you effectively, do not let him withdraw.
[15:46.000 --> 15:50.000]  Bargrieve him, file malpractice suit against him,
[15:50.000 --> 16:01.000]  and ask the court to issue a mandamus ordering this lawyer to adequately adjudicate your case.
[16:01.000 --> 16:04.000]  That'll make these lawyers crazy.
[16:04.000 --> 16:08.000]  That'll make them more afraid of you than they are the judge.
[16:08.000 --> 16:13.000]  And this is what we talked about earlier about you've got to give your lawyer plausible deniability.
[16:13.000 --> 16:17.000]  Otherwise, they're going to throw you under the bus.
[16:17.000 --> 16:19.000]  And let's talk about that when we come back.
[16:19.000 --> 16:22.000]  It's not really the lawyer's fault.
[16:22.000 --> 16:26.000]  But sorry, Bubba, life is tough.
[16:26.000 --> 16:28.000]  Hang on.
[16:28.000 --> 16:34.000]  Randy Kelton, Rule of Law Radio, our call in number 512-646-1984.
[16:34.000 --> 16:36.000]  The call boards open.
[16:36.000 --> 16:37.000]  They've been open all night.
[16:37.000 --> 16:42.000]  We did an archive yesterday because the call boards were down.
[16:42.000 --> 16:48.000]  So I'm beginning to wonder if there's areas of the country where the boards are still down.
[16:48.000 --> 16:51.000]  Okay, if you have a question or comment, give us a call.
[16:51.000 --> 17:20.000]  Randy Kelton, Rule of Law Radio, we'll be right back.
[17:21.000 --> 17:48.000]  We'll be right back.
[17:48.000 --> 17:52.000]  We'll be right back.
[18:18.000 --> 18:20.000]  We'll be right back.
[18:48.000 --> 18:50.000]  Well, don't let nothing get to you.
[18:50.000 --> 18:53.000]  Only the Father can deliver you.
[18:53.000 --> 19:20.000]  Don't let bad-minded people hurt you.
[19:20.000 --> 19:33.000]  Okay, we are back.
[19:33.000 --> 19:37.000]  Randy Kelton, Rule of Law Radio, and we're talking to Oliver in Tennessee.
[19:37.000 --> 19:42.000]  It's, you know, in trying to figure out how do we fix this system.
[19:42.000 --> 19:48.000]  I spent 30 years on this problem, actually about 35 years now.
[19:48.000 --> 19:54.000]  And took 15 years to figure out what the problem was.
[19:54.000 --> 20:01.000]  And then it's taken this other 20 years to figure out how to fix it.
[20:01.000 --> 20:07.000]  And it looks like the best way to fix it is to sue the lawyers.
[20:07.000 --> 20:12.000]  Your lawyer, opposing counsel, we start suing lawyers.
[20:12.000 --> 20:15.000]  They'll start losing their malpractice insurance.
[20:15.000 --> 20:17.000]  They won't be able to practice.
[20:17.000 --> 20:20.000]  They'll have a hernia.
[20:20.000 --> 20:27.000]  Right now they're afraid of judges because judges can sanction them at the drop of a hat.
[20:27.000 --> 20:36.000]  When I get this tool up and online, then what I plan for it is,
[20:36.000 --> 20:42.000]  is I have the American Bar Association standards in a questionnaire format.
[20:42.000 --> 20:48.000]  And with that questionnaire, I can walk you to any standard in about four questions.
[20:48.000 --> 21:02.000]  I can mine through all of the standards and get to the ones that apply to you in about four questions.
[21:02.000 --> 21:10.000]  So we take that, and then that will take you to a specific standard.
[21:10.000 --> 21:14.000]  And then we convert that standard into a cause of action.
[21:14.000 --> 21:24.000]  And then the system will ask you the questions it needs to ask to develop the cause of action in this BTO lawsuit.
[21:24.000 --> 21:32.000]  If we can make it really easy for someone to prepare and file a lawsuit, then they'll be more prone to do it.
[21:32.000 --> 21:40.000]  When we start getting people to sue the lawyers, that's when things will begin to change.
[21:40.000 --> 21:50.000]  Because even the judges can't control the lawyers if the lawyer's own clients are stinging them harder than the judge can sting them.
[21:50.000 --> 21:52.000]  Does that make sense, Oliver?
[21:52.000 --> 21:54.000]  Yes.
[21:54.000 --> 21:57.000]  So you need to start looking for lawyers you can sue.
[21:57.000 --> 22:02.000]  We've had court-appointed counsel now. He's fair game.
[22:02.000 --> 22:09.000]  This guy is attached to you at the hip, and if you do it right, he can't get loose.
[22:09.000 --> 22:15.000]  We've had a number of people go after the lawyer filed by, we had someone recently in a bankruptcy case,
[22:15.000 --> 22:21.000]  file a bar grievance against her own lawyer because he wouldn't file documents in her behalf.
[22:21.000 --> 22:26.000]  So the lawyer immediately petitions the court to withdraw.
[22:26.000 --> 22:31.000]  She goes in and she files an objection to the withdrawal.
[22:31.000 --> 22:36.000]  They go into court, and the judge said, Ms. Ortiz, I don't understand.
[22:36.000 --> 22:40.000]  You can't get along with your lawyer. Why don't you want him to withdraw?
[22:40.000 --> 22:44.000]  She said, I paid him. He's got my money.
[22:44.000 --> 22:51.000]  Now he has a duty to represent my case for me.
[22:51.000 --> 22:56.000]  So let him withdraw. I have to pay another lawyer.
[22:56.000 --> 23:01.000]  They said the judge looked at the lawyer and said, well, counselor,
[23:01.000 --> 23:09.000]  you're going to have to work this out with your client and did not let him withdraw.
[23:09.000 --> 23:14.000]  Now that is not something they're accustomed to.
[23:14.000 --> 23:21.000]  So we start doing these to the, you know, Oliver, if I sign a contract with you
[23:21.000 --> 23:28.000]  and I agree to do a certain thing for you, and I decide I take your money
[23:28.000 --> 23:35.000]  and then decided I don't want to do what I agreed to do, what are you going to do?
[23:35.000 --> 23:39.000]  You're going to let me withdraw from the contract?
[23:39.000 --> 23:40.000]  No.
[23:40.000 --> 23:44.000]  Exactly. You're kicked by the behind.
[23:44.000 --> 23:46.000]  We need to do this to these lawyers.
[23:46.000 --> 23:51.000]  What you just said, doesn't that apply to the Constitution too?
[23:51.000 --> 23:58.000]  The Constitution is the contract. They sign to a contract and...
[23:58.000 --> 24:03.000]  Oh, wait. The Constitution? Not exactly. It's not the Constitution.
[24:03.000 --> 24:11.000]  The Constitution is merely a document that forbids public officials from doing certain things.
[24:11.000 --> 24:16.000]  It doesn't grant you any rights. You have all those rights already.
[24:16.000 --> 24:22.000]  It just forbids public officials to interfere with certain rights.
[24:22.000 --> 24:25.000]  So it's not a contract? It's not a statement?
[24:25.000 --> 24:30.000]  No, no. That's not the contract. The contract is their oath of office.
[24:30.000 --> 24:32.000]  Okay.
[24:32.000 --> 24:42.000]  Based on as a condition of employment, they were required to file, to swear to an oath of office.
[24:42.000 --> 24:47.000]  That's their contract. They breach the oath, they breach the contract.
[24:47.000 --> 24:57.000]  They swore to the oath and then they accepted payment in U.S. dollars for their services that creates, that binds the contract.
[24:57.000 --> 25:02.000]  So that's what you sue them under breach of their oath.
[25:02.000 --> 25:05.000]  Okay. Breach of their fiduciary duty?
[25:05.000 --> 25:14.000]  Well, they don't necessarily have a fiduciary duty to you.
[25:14.000 --> 25:23.000]  That's the term. There's a special claim for fair services.
[25:23.000 --> 25:27.000]  I'll think of it in a minute. If I had it up in front of me, I could see it.
[25:27.000 --> 25:31.000]  But if you'll send me an email on that, I'll look up. There's a cause of action for that.
[25:31.000 --> 25:38.000]  You have a right to expect fair services from your public officials.
[25:38.000 --> 25:42.000]  Okay. I want to make sure I ask you one question before I get booted off the air.
[25:42.000 --> 25:46.000]  Now, I had several situations going on.
[25:46.000 --> 25:51.000]  Once I started typing up stuff and getting things separated and getting things outlined,
[25:51.000 --> 26:08.000]  I realized there's this one officer that has false arrest me three times in a year, a little over a year.
[26:08.000 --> 26:17.000]  Okay. Generally for false arrest, you have statutory limitations of one year.
[26:17.000 --> 26:24.000]  Does that start after the case gets dismissed or after it actually happened?
[26:24.000 --> 26:32.000]  I would say after dismissal because you're still being harmed by the false imprisonment, false arrest.
[26:32.000 --> 26:36.000]  But it depends on what the court says. They may save you.
[26:36.000 --> 26:44.000]  All of them are within the statutory limitation. They're within the statutory to sue.
[26:44.000 --> 26:53.000]  I have a question. When you sued the city, did you give them 60 days notice and opportunity?
[26:53.000 --> 26:56.000]  60 days notice and opportunity?
[26:56.000 --> 27:01.000]  Did you send them a court letter and give them 60 days to respond?
[27:01.000 --> 27:05.000]  No. It didn't say that in the court rules.
[27:05.000 --> 27:16.000]  Okay. Generally, most counties have a county ordinance that requires you to give them notice
[27:16.000 --> 27:22.000]  before you file suit and give them 60 days to respond.
[27:22.000 --> 27:28.000]  Now, that won't be an issue unless they make it an issue.
[27:28.000 --> 27:40.000]  If they make it an issue, then you can send them a notice the next day and move for a plea and abatement.
[27:40.000 --> 27:43.000]  I can't send them a notice now?
[27:43.000 --> 27:48.000]  I wouldn't. If they don't raise the issue, it doesn't become an issue.
[27:48.000 --> 27:50.000]  All right.
[27:50.000 --> 27:59.000]  If it becomes an issue, then at worst, you'd have to non-suit this suit, send them the tort letter,
[27:59.000 --> 28:07.000]  wait the 60 days, assuming you're still within the statute of limitations, and then refile the suit.
[28:07.000 --> 28:12.000]  Yes. But it just happened two, three months ago.
[28:12.000 --> 28:16.000]  Okay. So you're good. You're good. You've got plenty of time.
[28:16.000 --> 28:21.000]  So if they raise the issue, then you can do the tort letter. And if you do do that, that'll...
[28:21.000 --> 28:26.000]  But it's two different defendants here. It's a towing company and the city.
[28:26.000 --> 28:29.000]  Do they have to get their own attorneys each?
[28:29.000 --> 28:31.000]  Yes, yes, yes, yes.
[28:31.000 --> 28:36.000]  So the towing company might not want to deal with this.
[28:36.000 --> 28:41.000]  They might make you a deal.
[28:41.000 --> 28:52.000]  Because what they're going to be afraid of is the city's going to claim sovereign immunity.
[28:52.000 --> 28:58.000]  And then the towing company will try to claim sovereign immunity as a contractor for the city,
[28:58.000 --> 29:00.000]  but they're not going to get there.
[29:00.000 --> 29:06.000]  Well, the city's not going to get it either because in my complaint,
[29:06.000 --> 29:10.000]  I clearly specify why they don't have immunity.
[29:10.000 --> 29:14.000]  I put their statutes and everything in there.
[29:14.000 --> 29:26.000]  Yeah. And that's interesting because I looked at a suit where a woman sued a court-appointed trustee,
[29:26.000 --> 29:34.000]  and she paid lawyers to file the suit, and the suit was dismissed based on immunity.
[29:34.000 --> 29:39.000]  Well, I got the suit out, and unlike you, they never addressed immunity.
[29:39.000 --> 29:44.000]  This is why I want to audit these suits, because the lawyers are incompetent.
[29:44.000 --> 29:48.000]  Hang on, going to break, Randy Kelton, Rue La Radio.
[29:48.000 --> 29:51.000]  I'll call you at number 512-646-1984.
[29:51.000 --> 29:57.000]  Steve, I see you there. We'll be right back.
[29:57.000 --> 30:00.000]  Okay.
[30:00.000 --> 30:02.000]  Would you like to be more attractive?
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[30:59.000 --> 31:04.000]  In one study, men viewed a picture of a moderately attractive lady dressed in red.
[31:04.000 --> 31:07.000]  A second group of men viewed that same lady dressed in blue.
[31:07.000 --> 31:08.000]  The results?
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[31:19.000 --> 31:20.000]  I'm Dr. Catherine Albrecht.
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[32:02.000 --> 32:05.000]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:05.000 --> 32:07.000]  In today's America, we live in an us-against-them society.
[32:07.000 --> 32:12.000]  And if we the people are ever going to have a free society, then we're going to have to stand and defend our own rights.
[32:12.000 --> 32:17.000]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity,
[32:17.000 --> 32:19.000]  and most importantly, the right to due process of law.
[32:19.000 --> 32:25.000]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
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[33:24.000 --> 33:29.000]  Okay, we are back.
[33:29.000 --> 33:33.000]  Randy Kelton, Rule of Law Radio, and we're talking to Oliver in Tennessee.
[33:33.000 --> 33:41.000]  So, Oliver, get some ideas on some ways to up the ante on them.
[33:41.000 --> 33:48.000]  You there, Oliver?
[33:48.000 --> 33:49.000]  Yes, sir.
[33:49.000 --> 33:54.000]  Okay, so you might consider going after the police.
[33:54.000 --> 34:01.000]  Right now, you have the police where you went to them and invoked their duty.
[34:01.000 --> 34:09.000]  And because you were making accusations against their buddies, they refused to do their duty.
[34:09.000 --> 34:11.000]  That should be an easy one.
[34:11.000 --> 34:16.000]  We actually have him on record saying that, I was there.
[34:16.000 --> 34:20.000]  They didn't steal your stuff.
[34:20.000 --> 34:21.000]  They towed it.
[34:21.000 --> 34:23.000]  It's at this location.
[34:23.000 --> 34:26.000]  The city gave them authority to tow it.
[34:26.000 --> 34:27.000]  I'm like, where is it?
[34:27.000 --> 34:28.000]  I can't find it.
[34:28.000 --> 34:32.000]  I did a public information request.
[34:32.000 --> 34:34.000]  There's nothing anywhere.
[34:34.000 --> 34:36.000]  I've asked the towing company for it.
[34:36.000 --> 34:37.000]  They haven't given it to me.
[34:37.000 --> 34:39.000]  I asked the city for it.
[34:39.000 --> 34:40.000]  They can't provide it.
[34:40.000 --> 34:42.000]  What are you talking about?
[34:42.000 --> 34:44.000]  They didn't steal it.
[34:44.000 --> 34:46.000]  I have him on record saying this.
[34:46.000 --> 34:48.000]  We recorded all of this.
[34:48.000 --> 34:55.000]  So he must have a different definition for theft than you do.
[34:55.000 --> 35:01.000]  I even asked her, I said, can you go pull up my cars in your towing database?
[35:01.000 --> 35:08.000]  Because I've called her and she said that none of my cars are in that database and all of them are supposed to be in there.
[35:08.000 --> 35:12.000]  Any car towed in this vicinity has to be in that database.
[35:12.000 --> 35:17.000]  And none of my cars are.
[35:17.000 --> 35:19.000]  So it sounds like you got a good claim.
[35:19.000 --> 35:24.000]  And you made the claim to the officer.
[35:24.000 --> 35:30.000]  But the officer committed misfeasance in office.
[35:30.000 --> 35:38.000]  And he committed misfeasance in office for the purpose of shielding the accused from prosecution.
[35:38.000 --> 35:43.000]  And in the process denied you in the equal protection of the laws.
[35:43.000 --> 35:44.000]  Right.
[35:44.000 --> 35:48.000]  Well, what is that under?
[35:48.000 --> 36:01.000]  I don't know the statute in Tennessee, but in Texas it's 3903 Texas Penal Code, official oppression.
[36:01.000 --> 36:05.000]  I know what official oppression is.
[36:05.000 --> 36:15.000]  Under official oppression, it generally says if he exerts or purports to exert an authority he doesn't have, that's malfeasance.
[36:15.000 --> 36:23.000]  If he fails to perform a duty he's required to perform, that's misfeasance.
[36:23.000 --> 36:36.000]  So in this case the officer committed misfeasance by failing to perform a duty he is required to perform and in the process denied you in the full and free access to or enjoyment of right.
[36:36.000 --> 36:43.000]  And that comes up probably in Tennessee it's official misconduct.
[36:43.000 --> 36:52.000]  But Texas has official misconduct, but they have a separate one for official oppression, but they're essentially the same.
[36:52.000 --> 36:56.000]  And we have misconduct too.
[36:56.000 --> 37:01.000]  We have that too, official misconduct.
[37:01.000 --> 37:07.000]  This officer, he's like he's a lieutenant or like he's one of the sergeant.
[37:07.000 --> 37:08.000]  He's a sergeant, right?
[37:08.000 --> 37:15.000]  Now as I was going over my paperwork, he committed this, but like he's the he's supervisor for these other offices.
[37:15.000 --> 37:27.000]  And I noticed that when I got arrested for these other false arrest charges, like his name was signed off as the supervisor or whatever.
[37:27.000 --> 37:36.000]  So all my cases have some of the similar officers in them committing false arrest.
[37:36.000 --> 37:38.000]  What can I do with that?
[37:38.000 --> 37:39.000]  I have one officer.
[37:39.000 --> 37:41.000]  Pattern of corruption.
[37:41.000 --> 37:43.000]  Pattern of corruption.
[37:43.000 --> 37:52.000]  It says, I'm going to think about what the ongoing, let's see, there's a special term for RICO.
[37:52.000 --> 37:56.000]  They'll recognize a special term for RICO.
[37:56.000 --> 38:03.000]  Predicate acts in furtherance of an ongoing criminal conspiracy.
[38:03.000 --> 38:11.000]  You use predicate acts and predicate acts of preparatory acts.
[38:11.000 --> 38:13.000]  So you use predicate acts.
[38:13.000 --> 38:18.000]  The only place I tend to see that is in a RICO suit.
[38:18.000 --> 38:23.000]  They will recognize exactly where you're going.
[38:23.000 --> 38:25.000]  RICO suit.
[38:25.000 --> 38:27.000]  You got me in the fog, but I get some.
[38:27.000 --> 38:29.000]  Predicate act and RICO suit.
[38:29.000 --> 38:31.000]  Yeah.
[38:31.000 --> 38:37.000]  Predicate acts in furtherance of an ongoing criminal conspiracy.
[38:37.000 --> 38:55.000]  You can claim that the criminal conspiracy is a conspiracy against you personally to deny you in procedural due process.
[38:55.000 --> 38:56.000]  Okay.
[38:56.000 --> 38:58.000]  You got a good shot at him.
[38:58.000 --> 38:59.000]  Okay.
[38:59.000 --> 39:03.000]  I do have another caller, and he's been hanging on a while.
[39:03.000 --> 39:04.000]  All right.
[39:04.000 --> 39:05.000]  Thanks, man.
[39:05.000 --> 39:06.000]  I mean, thanks, Randy.
[39:06.000 --> 39:08.000]  And that's how I get everything else to sit with.
[39:08.000 --> 39:09.000]  Good.
[39:09.000 --> 39:10.000]  And be careful.
[39:10.000 --> 39:15.000]  You seem to be having way too much fun.
[39:15.000 --> 39:16.000]  Okay.
[39:16.000 --> 39:17.000]  Thank you, Oliver.
[39:17.000 --> 39:18.000]  Okay.
[39:18.000 --> 39:20.000]  Now we're going to Steve in Texas.
[39:20.000 --> 39:21.000]  Hello, Steve.
[39:21.000 --> 39:22.000]  Hello.
[39:22.000 --> 39:23.000]  Nice talking to you.
[39:23.000 --> 39:25.000]  I've listened to you a long time.
[39:25.000 --> 39:27.000]  Enjoy your education.
[39:27.000 --> 39:31.000]  I've got a quick question for you on your license plate.
[39:31.000 --> 39:32.000]  Wait a minute.
[39:32.000 --> 39:35.000]  I'm looking at your extension as 903.
[39:35.000 --> 39:41.000]  That must be from over there near where Jesus was born.
[39:41.000 --> 39:44.000]  Man, I'm out there in Lake Tawakene in Hunt County.
[39:44.000 --> 39:46.000]  Oh, you're not far.
[39:46.000 --> 39:51.000]  Palestine's just down the road from Lake Tawakene.
[39:51.000 --> 39:54.000]  I'm too far.
[39:54.000 --> 39:55.000]  Okay.
[39:55.000 --> 40:00.000]  Enough of my East Texas humor.
[40:00.000 --> 40:05.000]  Andy has his own personal plates on the car, and you ride the state plates, but they're
[40:05.000 --> 40:06.000]  expired.
[40:06.000 --> 40:09.000]  Is there any reason why one is better than the other?
[40:09.000 --> 40:10.000]  No.
[40:10.000 --> 40:11.000]  Makes no difference.
[40:11.000 --> 40:15.000]  You're talking about these vanity plates where he has a...
[40:15.000 --> 40:16.000]  Yeah.
[40:16.000 --> 40:17.000]  Okay.
[40:17.000 --> 40:18.000]  Yeah.
[40:18.000 --> 40:19.000]  No, it doesn't make any difference.
[40:19.000 --> 40:20.000]  But...
[40:20.000 --> 40:25.000]  It's funny because I've got an expired plate on my car, and I've got not for hire across
[40:25.000 --> 40:26.000]  the back window.
[40:26.000 --> 40:27.000]  So...
[40:27.000 --> 40:28.000]  That'll work.
[40:28.000 --> 40:31.000]  You were filed with the Department of Transportation.
[40:31.000 --> 40:35.000]  No, I've been saying I've heard you mention that.
[40:35.000 --> 40:37.000]  Oh, that was so much fun.
[40:37.000 --> 40:40.000]  And I had a number of DPS guys.
[40:40.000 --> 40:46.000]  Every time they stopped me, I ask them, did you check, run my name with the DOT?
[40:46.000 --> 40:48.000]  Well, no, I didn't.
[40:48.000 --> 40:50.000]  You might want to try that.
[40:50.000 --> 40:53.000]  And they've never given me a ticket.
[40:53.000 --> 40:56.000]  They always come back and give me a warning.
[40:56.000 --> 40:58.000]  Okay.
[40:58.000 --> 41:02.000]  They know, and they know that I know.
[41:02.000 --> 41:11.000]  I am registered with the Department of Transportation as a private operator, not in commerce.
[41:11.000 --> 41:19.000]  So since it is in the public record of the Department of Transportation, they are presumed
[41:19.000 --> 41:20.000]  to have knowledge.
[41:20.000 --> 41:25.000]  They either have direct knowledge or imputed knowledge.
[41:25.000 --> 41:29.000]  So they can't pretend like they didn't know.
[41:29.000 --> 41:31.000]  All right.
[41:31.000 --> 41:34.000]  And you've got my phone number there.
[41:34.000 --> 41:39.000]  So I'd like to talk to you off the air one of these days about it.
[41:39.000 --> 41:43.000]  I'd like you and Eddie to have an opportunity to make more money than what you're making.
[41:43.000 --> 41:44.000]  You've already done the work.
[41:44.000 --> 41:49.000]  You can get paid for it on the legal research and all that.
[41:49.000 --> 41:50.000]  Okay.
[41:50.000 --> 41:54.000]  Send me an email at Randy at ruleoflawradio.com.
[41:54.000 --> 41:56.000]  I see the number here.
[41:56.000 --> 41:57.000]  Okay.
[41:57.000 --> 42:01.000]  But if you'll send me an email, it's a lot better because once you hang up, this disappears.
[42:01.000 --> 42:04.000]  And if I write a note, I'll forget what it is.
[42:04.000 --> 42:08.000]  But if you'll send me an email, then I'll keep that.
[42:08.000 --> 42:09.000]  All right.
[42:09.000 --> 42:12.000]  I'll send you an email tomorrow morning when I get in.
[42:12.000 --> 42:13.000]  I'm working right now.
[42:13.000 --> 42:14.000]  I'm like you.
[42:14.000 --> 42:15.000]  I work nights.
[42:15.000 --> 42:16.000]  Okay.
[42:16.000 --> 42:17.000]  Okay.
[42:17.000 --> 42:20.000]  Well, I do have one issue.
[42:20.000 --> 42:26.000]  This stuff I have at work is interfering with my entertainment.
[42:26.000 --> 42:28.000]  Well, that's what I'm saying.
[42:28.000 --> 42:29.000]  Take your entertainment.
[42:29.000 --> 42:31.000]  Make money from it.
[42:31.000 --> 42:33.000]  Okay, Steve.
[42:33.000 --> 42:36.000]  Give me an email and we'll talk.
[42:36.000 --> 42:37.000]  Okay.
[42:37.000 --> 42:38.000]  Nice talking to you.
[42:38.000 --> 42:40.000]  Have a good evening.
[42:40.000 --> 42:41.000]  All righty.
[42:41.000 --> 42:42.000]  Okay.
[42:42.000 --> 42:45.000]  Now we have Charlene from New York.
[42:45.000 --> 42:46.000]  Hello, Charlene.
[42:46.000 --> 42:48.000]  I'm working right now.
[42:48.000 --> 42:49.000]  Yes.
[42:49.000 --> 42:51.000]  All right.
[42:51.000 --> 42:52.000]  Okay.
[42:52.000 --> 42:53.000]  You have noise in the background.
[42:53.000 --> 42:56.000]  Sounds like a radio or something.
[42:56.000 --> 42:57.000]  Yes.
[42:57.000 --> 42:59.000]  Hello.
[42:59.000 --> 43:00.000]  Okay.
[43:00.000 --> 43:02.000]  That's much better.
[43:02.000 --> 43:03.000]  Can you hear?
[43:03.000 --> 43:04.000]  Yes, I can hear you.
[43:04.000 --> 43:07.000]  What can we do for you today?
[43:07.000 --> 43:08.000]  Okay.
[43:08.000 --> 43:09.000]  I am a little nervous.
[43:09.000 --> 43:12.000]  I've never called into a show before.
[43:12.000 --> 43:18.000]  But I'm hoping my question is relevant and I could receive some sort of information of
[43:18.000 --> 43:19.000]  it.
[43:19.000 --> 43:20.000]  It's a law.
[43:20.000 --> 43:23.000]  It's in regards to a law situation.
[43:23.000 --> 43:27.000]  It's a foreclosure question.
[43:27.000 --> 43:29.000]  Okay.
[43:29.000 --> 43:31.000]  We got a lot to say about foreclosure.
[43:31.000 --> 43:41.000]  I just finished up an appeal to the Second Circuit out of Rensselaerville, New York.
[43:41.000 --> 43:47.000]  So I just did a document out of New York.
[43:47.000 --> 43:48.000]  Yes.
[43:48.000 --> 43:49.000]  Okay.
[43:49.000 --> 43:50.000]  Hang on.
[43:50.000 --> 43:51.000]  We're about to go to break.
[43:51.000 --> 43:53.000]  We'll pick this up on the other side.
[43:53.000 --> 43:57.000]  Randy Kelton, Wheel of Law Radio, we'll be right back.
[43:57.000 --> 43:58.000]  Hello.
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[44:08.000 --> 44:12.000]  store at 1904 Guadalupe Street, Suite D here in Austin, Texas.
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[44:37.000 --> 44:43.000]  That's 512-264-4043, naturespureorganics.com.
[44:43.000 --> 45:01.000]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[45:39.000 --> 45:43.000]  about the principles and practices that control our American courts.
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[45:52.000 --> 46:04.000]  Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ.
[46:22.000 --> 46:32.000]  Okay, we are back.
[46:32.000 --> 46:36.000]  We're Andy Kelton, Rule of Law Radio, and we have Charlene in New York,
[46:36.000 --> 46:38.000]  but it looks like she dropped off.
[46:38.000 --> 46:45.000]  Charlene, if you're listening, give us a call back, 512-646-1984.
[46:45.000 --> 46:49.000]  It's also a slow night.
[46:49.000 --> 46:53.000]  Generally, we have more callers, but we're kind of empty tonight.
[46:53.000 --> 47:01.000]  So I'm going to talk about something that I was going to get to with Oliver
[47:01.000 --> 47:12.000]  about structuring documents, just writing a lawsuit.
[47:12.000 --> 47:19.000]  It's complex, it's got a lot of parts, but we're trying to work out something
[47:19.000 --> 47:26.000]  that will make it less complicated, and one of the things of putting together
[47:26.000 --> 47:34.000]  an e-book essentially on this subject, and actually I have this e-book,
[47:34.000 --> 47:46.000]  what I have completed of it up at one of my sites, thelawsociety.net.
[47:46.000 --> 47:53.000]  If you go to thelawsociety.net and click on the Basic Law link,
[47:53.000 --> 48:02.000]  it will link you to a map that I have up in a flash item that's an interactive mind map
[48:02.000 --> 48:08.000]  where I have all the information that I've put together so far toward this e-book
[48:08.000 --> 48:15.000]  I've put together, and it's basically to tell you how it really works in court.
[48:15.000 --> 48:22.000]  It doesn't work the way that we would normally think that it would.
[48:22.000 --> 48:29.000]  For the most part, you go to a civil court, and you think it's going to be civil.
[48:29.000 --> 48:32.000]  Well, it's nothing of the kind.
[48:32.000 --> 48:42.000]  Court is not like the real world, and the lawyers and the police and the courts,
[48:42.000 --> 48:46.000]  they want you to think it's like the real world.
[48:46.000 --> 48:51.000]  It seems they don't want you to understand how it really works.
[48:51.000 --> 48:55.000]  First thing is you'll never win your case simply because you have the law
[48:55.000 --> 48:58.000]  and the facts on your side.
[48:58.000 --> 49:02.000]  You'll only win your case if you have the politics on your side.
[49:02.000 --> 49:08.000]  I know we watch all these TV programs, and the law seems to make all the difference,
[49:08.000 --> 49:16.000]  but out here in the real world where you and I live, what makes the difference is politics.
[49:16.000 --> 49:27.000]  It's not necessarily a problem that things aren't the way we're led to believe that they are.
[49:27.000 --> 49:33.000]  The problem comes when we don't understand how it really works.
[49:33.000 --> 49:36.000]  It's not a problem that everything's political.
[49:36.000 --> 49:41.000]  When it first became clear that everything was political, that seemed to be a problem,
[49:41.000 --> 49:45.000]  but it's only a problem because I didn't understand the politics.
[49:45.000 --> 49:53.000]  Once you understand the politics, then the fact that everything is political is not such a problem at all,
[49:53.000 --> 50:03.000]  and that goes to the reason that I suggested that Oliver file suit against the police officers.
[50:03.000 --> 50:11.000]  Now, if he files suit against those police officers, the jurisdiction, the city or the county,
[50:11.000 --> 50:18.000]  depending on who he filed against, will jump in there and hire lawyers to protect these guys.
[50:18.000 --> 50:25.000]  We don't care about that. In the end, it won't cost the police officer a lot of money to defend himself.
[50:25.000 --> 50:29.000]  Frankly, we don't want it to cost the police officer a lot of money.
[50:29.000 --> 50:33.000]  They struggle as it is. They barely get paid enough.
[50:33.000 --> 50:38.000]  That's part of the reason a lot of times you would get officers that shouldn't be out there,
[50:38.000 --> 50:43.000]  because the ones who can make the big money do, and they go elsewhere.
[50:43.000 --> 50:52.000]  So we wind up getting, especially in the outer rural areas, we get police officers that can't make it into big cities,
[50:52.000 --> 50:56.000]  and they're working for chump change, and so it's a struggle.
[50:56.000 --> 50:59.000]  So we really don't want to hurt the officer.
[50:59.000 --> 51:07.000]  But if he doesn't do his job, you know, they're like my grandkids. I love them dearly.
[51:07.000 --> 51:14.000]  But if one of them runs out in the road and picks to tan his hide, so when you sue the police officer,
[51:14.000 --> 51:20.000]  you're not really trying to do him any harm. You just want to tan his hide a little bit.
[51:20.000 --> 51:26.000]  Give him plausible deniability.
[51:26.000 --> 51:34.000]  I know a number of policemen that go into police work, and they've got this notion of how things are,
[51:34.000 --> 51:38.000]  and it turns out it's not anything like that.
[51:38.000 --> 51:43.000]  They didn't create this mess. They inherited it.
[51:43.000 --> 51:50.000]  Now they either follow these procedures or they lose their career.
[51:50.000 --> 51:57.000]  And I know there are people out there saying, too bad, you should lose your career.
[51:57.000 --> 52:05.000]  That's true. From a purist perspective, that's true. But in the end, nothing's pure and everything's political.
[52:05.000 --> 52:14.000]  If we can apply some politics to the guy down there on the end, to the sharp end of the spear,
[52:14.000 --> 52:17.000]  we'll dull that end of the spear a little bit.
[52:17.000 --> 52:25.000]  When the officers refuse to follow this flawed policy for which their fellow officers are getting charged
[52:25.000 --> 52:32.000]  criminally and sued in the state and federal courts, then they'll go to their bosses and say,
[52:32.000 --> 52:38.000]  you're going to have to fix this because we're not going to do what you're telling us to.
[52:38.000 --> 52:48.000]  But the way we get to all of it, I've been doing this for 35 years, and I've just about tried everything.
[52:48.000 --> 53:00.000]  I primarily got down to sue the lawyers and sue the lowest individuals in the process.
[53:00.000 --> 53:08.000]  If it's a police issue, sue the police officer, sue the court reporter, sue the clerk.
[53:08.000 --> 53:14.000]  All these people that are doing what the judge is telling them to do, those are the ones we go after.
[53:14.000 --> 53:20.000]  The judges have protected themselves too well. They didn't protect the court reporter.
[53:20.000 --> 53:27.000]  So when the court reporter produces a transcript that has deletions in it, then we sue the court reporter.
[53:27.000 --> 53:32.000]  And the court reporter is going to come back and say, well, the judge told me to do it.
[53:32.000 --> 53:38.000]  And then they're looking at a jury. Is the jury going to be sympathetic or not?
[53:38.000 --> 53:43.000]  So we create a condition to where the judge tells the court reporter to change the transcript
[53:43.000 --> 53:47.000]  and the court reporter is going to tell the judge, you change the transcript.
[53:47.000 --> 53:49.000]  I'm not changing anything.
[53:49.000 --> 53:55.000]  Okay. We got some callers back. Charlene's back on. She must have dropped.
[53:55.000 --> 53:58.000]  Okay. Hello, Charlene.
[53:58.000 --> 54:00.000]  Carlene. It's Carlene.
[54:00.000 --> 54:06.000]  Carlene. Okay. My bad. No H. I saw they had it spelled right. It was my bad.
[54:06.000 --> 54:10.000]  Okay. Okay. Carlene, you have a foreclosure issue?
[54:10.000 --> 54:15.000]  Yes. Oh, it's hard to explain, but I know you only have a few minutes left of your show
[54:15.000 --> 54:17.000]  and I apologize, but I just.
[54:17.000 --> 54:19.000]  No, it's okay. I've got an hour.
[54:19.000 --> 54:28.000]  So I thought I'd end it close. So the problem is my parents' property is in foreclosure right now.
[54:28.000 --> 54:37.000]  They are passed away. So we basically, my family and I have been fighting for about five years to keep it.
[54:37.000 --> 54:42.000]  But now we've actually reached the end of the road where they're not willing to settle with us.
[54:42.000 --> 54:50.000]  We actually qualify to pay the mortgage, but there for some reason,
[54:50.000 --> 54:54.000]  they just refuse to go forth with helping us keep our property.
[54:54.000 --> 54:59.000]  Okay. Let me guess at the reason. How long did your parents pay on this property?
[54:59.000 --> 55:04.000]  They've been paying for 13 years and then they passed away in 2011.
[55:04.000 --> 55:07.000]  They purchased the house in 2008.
[55:07.000 --> 55:15.000]  Okay. So they've got quite a bit of equity in the property and the bank wants the equity.
[55:15.000 --> 55:21.000]  Everything is political. So have you filed suit against the bank?
[55:21.000 --> 55:25.000]  Yes. See, that's what I was calling to ask for.
[55:25.000 --> 55:31.000]  We basically were told, well, my mother filed a case against the bank before she had passed away
[55:31.000 --> 55:35.000]  due to her situation with her mortgage history and the wrongdoing.
[55:35.000 --> 55:40.000]  But it was dismissed, unfortunately, and she had already died while she was fighting.
[55:40.000 --> 55:44.000]  So there was nothing we could do in terms of that situation.
[55:44.000 --> 55:52.000]  But my question is now, I had an analysis done on my parents' mortgage history recently.
[55:52.000 --> 55:58.000]  And I was told that there were numerous accounts of improper negotiation,
[55:58.000 --> 56:03.000]  transfer of their loan and everything else wrongdoing, broken chain of title,
[56:03.000 --> 56:07.000]  merged transaction, everything that was illegal.
[56:07.000 --> 56:12.000]  But I don't know if that still holds weight, even though that was such a long time ago.
[56:12.000 --> 56:22.000]  Okay. Has the bank foreclosed on the property and sold it?
[56:22.000 --> 56:24.000]  It's in foreclosure now.
[56:24.000 --> 56:27.000]  So the bank has filed an action?
[56:27.000 --> 56:28.000]  Yes.
[56:28.000 --> 56:34.000]  And has the property been through probate?
[56:34.000 --> 56:37.000]  Has it been transferred to one of the children?
[56:37.000 --> 56:42.000]  Yes. It's been probated since January 2012.
[56:42.000 --> 56:51.000]  My uncle, the executor of my mother's estate, put it into probate in January of following after she passed away in November 2011.
[56:51.000 --> 56:53.000]  But it was put through probate.
[56:53.000 --> 56:58.000]  And what I'm hearing is it wasn't probated properly. It's just a huge mess.
[56:58.000 --> 57:03.000]  It's a mess because he didn't really have interest when he filed for probate for the property.
[57:03.000 --> 57:04.000]  He just wanted to get rid of it.
[57:04.000 --> 57:06.000]  But my mother, she had a will.
[57:06.000 --> 57:13.000]  And the will was for us to receive the property, of course not for free, but through the law.
[57:13.000 --> 57:15.000]  But it's just a huge mess.
[57:15.000 --> 57:18.000]  It's hard to explain it all in a few words.
[57:18.000 --> 57:19.000]  Okay.
[57:19.000 --> 57:27.000]  I don't need all of that, just so long as there is someone who has a claim on the property.
[57:27.000 --> 57:34.000]  Now, have you pulled all of the documents filed with the county recorder's office?
[57:34.000 --> 57:38.000]  Oh, of my parents' records, of their property records?
[57:38.000 --> 57:39.000]  Yes. Yes.
[57:39.000 --> 57:40.000]  I have everything.
[57:40.000 --> 57:45.000]  I just got the last bit of information, I believe it was beginning of July.
[57:45.000 --> 57:50.000]  Of course, it's like over 130 pages of information.
[57:50.000 --> 57:51.000]  I have everything.
[57:51.000 --> 57:52.000]  I have everything.
[57:52.000 --> 57:53.000]  Okay.
[57:53.000 --> 57:57.000]  Do you have the original mortgage?
[57:57.000 --> 57:58.000]  Well, let me ask you some questions.
[57:58.000 --> 58:01.000]  You may know the answers to these.
[58:01.000 --> 58:05.000]  The original mortgage was in 2008?
[58:05.000 --> 58:06.000]  It's confusing.
[58:06.000 --> 58:12.000]  The house, my parents purchased the property in 1998, but they refinanced in 2002.
[58:12.000 --> 58:15.000]  Is that the original mortgage, basically?
[58:15.000 --> 58:16.000]  Was it done over?
[58:16.000 --> 58:19.000]  Okay, 2002.
[58:19.000 --> 58:23.000]  The last mortgage is the one I want to see.
[58:23.000 --> 58:28.000]  The fact that it has been refinanced is a good thing, and we're about to go to break.
[58:28.000 --> 58:31.000]  I'll explain why it's a good thing when we come back.
[58:31.000 --> 58:35.000]  We got some dirty rotten tricks to throw at the bank.
[58:35.000 --> 58:37.000]  This is Randy Kelton, Rule of Law Radio.
[58:37.000 --> 58:41.000]  I call it number 512-646-1984.
[58:41.000 --> 58:50.000]  We'll be right back.
[59:11.000 --> 59:21.000]  We'll be right back.
[59:41.000 --> 01:00:00.000]  We're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.000 --> 01:00:21.000]  The following newsflash is brought to you by the Lone Star Lowdown, providing the daily bulletins for the commodities market, today in history, news updates, and the inside scoop into the tides of the alternative.
[01:00:21.000 --> 01:00:44.000]  Markets for Friday, the 5th of August, 2016, are currently trading with gold at $1,336.29 an ounce, silver, $19.71 an ounce, Texas crude, $41.93 a barrel, and Bitcoin is currently sitting at about 581 U.S. currency.
[01:00:44.000 --> 01:01:02.000]  Today in history, the year, last year, 2015, the Environmental Protection Agency at Gold King Mine accidentally releases a spill of 3 million gallons of heavy metal toxins and wastewater into the Animas River in Colorado, poisoning the water supply of the Navajo Nation, who later filed a suit against the EPA.
[01:01:02.000 --> 01:01:07.000]  Today in history.
[01:01:07.000 --> 01:01:16.000]  In recent news, Fairfax, Virginia County police arrested their mayor, Richard Scott Silverthorn, on charges of distributing methamphetamines as part of a meth-for-sex scheme.
[01:01:16.000 --> 01:01:21.000]  He was arrested Thursday after he allegedly provided meth to an undercover officer who met him at a hotel.
[01:01:21.000 --> 01:01:29.000]  Silverthorn, who is currently serving his third term as mayor, was charged with a felony of distribution of meth and misdemeanor of possession of drug paraphernalia.
[01:01:29.000 --> 01:01:43.000]  Commander of the Organized Crime and Narcotics Division, Captain Jack Harden, told reporters that an investigation into the mayor's activities began three weeks ago after a citizen had told police that the mayor was distributing meth through a website used for casual hookups between men.
[01:01:43.000 --> 01:01:58.000]  Fairfax is a city of about 23,000, roughly 20 miles west of Washington, D.C., and was ranked number three by Forbes in an article on the top 25 places to live well.
[01:01:58.000 --> 01:02:20.000]  Located in Greenland, Camp Century, an abandoned and buried U.S. Army base used at a research station test site for deploying nuclear missiles, is raising concerns from scientists who fear that the melting of the ice sheet under which the base was buried nearly five decades ago will expose vast amounts of chemical pollutants left behind by the Army, which could spread and have really negative consequences.
[01:02:20.000 --> 01:02:39.000]  Everything from radioactive cooling water to diesel fuel for generators and vehicles and sumps dug into the snow storing human waste were left behind when the base was shut down due to the impracticality of Project Iceworm, an effort to dig tunnels under the ice cap which could deliver nuclear bombs to Russia in case the Cold War went hot.
[01:02:39.000 --> 01:02:44.000]  Climate computer models say that the camp could be uncovered by the end of the century.
[01:02:44.000 --> 01:02:54.000]  The Mostar Lowdown is currently for sponsors. If a product or service you'd like to advertise with us, feel free to give me a call at 210-363-2257.
[01:02:54.000 --> 01:03:18.000]  This is Rick Brody with your Lowdown for August 5th, 2016.
[01:03:18.000 --> 01:03:25.000]  Okay, we are back. Randy Kelton, Rudolfo Radio, and we're talking to Carlene in New York.
[01:03:25.000 --> 01:03:36.000]  Okay, do you know who the original lender on the 2002 note is or was?
[01:03:36.000 --> 01:03:41.000]  Yes, I'm actually looking through the documents right now.
[01:03:41.000 --> 01:03:51.000]  The problem is there's so many different lenders from the time period. I don't know if they sign different forms, but there's one that says J.C. Morgan Chase and then there's...
[01:03:51.000 --> 01:03:58.000]  Was J.C. Morgan Chase the original lender on that mortgage?
[01:03:58.000 --> 01:04:02.000]  They're listed under the assignment. I mean, I don't...
[01:04:02.000 --> 01:04:12.000]  Okay, hold on. Let me help you sort through a lot of the trash.
[01:04:12.000 --> 01:04:28.000]  When it comes to securitization of the note, the only time I ever ask for an audit of that portion of the note is when I don't have anything else,
[01:04:28.000 --> 01:04:32.000]  because frankly that's about the hardest thing to argue.
[01:04:32.000 --> 01:04:43.000]  The easiest thing to argue is a statute we have that I can quote in Texas, but you have a similar statute in New York.
[01:04:43.000 --> 01:04:46.000]  I've read it, but I can't quote it exactly.
[01:04:46.000 --> 01:05:02.000]  The one in Texas says, any claim against real property... Excuse me. I think I swallowed a bug. Any claim against real property not properly acknowledged,
[01:05:02.000 --> 01:05:23.000]  doubly stamped, proven to witnesses, and filed in the public record is voidous to the holder. So J.P. Morgan Chase, you come down here and you claim that you have the right to foreclose on this property,
[01:05:23.000 --> 01:05:39.000]  and you say you have this claim against my property. Well, if I can't go into the public record and find an uninterrupted chain of holder status from the original lender to you,
[01:05:39.000 --> 01:05:50.000]  I don't care if you are the actual bona fide holder of the claim. You can't enforce it.
[01:05:50.000 --> 01:06:00.000]  Every state has this statute, because if they don't have that statute, there would be no purpose in having a counter recorder.
[01:06:00.000 --> 01:06:11.000]  Now they'll say they don't have a legal obligation to file. That's right. You don't. But if you don't, I'll kick you behind.
[01:06:11.000 --> 01:06:25.000]  And so here's how we do it. You look at who is the original lender on the current mortgage. The current mortgage. That's the only one you care for.
[01:06:25.000 --> 01:06:32.000]  Now, you mean in terms of who's... Well, they've had the mortgage for about three years, but it's Aquin. It's Aquin.
[01:06:32.000 --> 01:06:42.000]  Now, wait a minute. Hold on. No, that's not what I'm asking. Let's get our definition straight. It's not who the claimant is,
[01:06:42.000 --> 01:06:55.000]  but when was the last time your parents refinanced that property? Oh, boy. Okay. That's what... Look in the record for that one.
[01:06:55.000 --> 01:07:02.000]  I'm looking at the papers right now. It's so much different from the signed. Okay. These are the only ones you need to look at.
[01:07:02.000 --> 01:07:14.000]  The rest of them you can set aside. First, you set aside everything but those documents that are filed in the public record.
[01:07:14.000 --> 01:07:21.000]  Now, that's all you care about. What I generally have people do is go down to the county recorder
[01:07:21.000 --> 01:07:33.000]  and tell the county recorder that since you've got all of these records in the computer, well, I'm old school and I'm computer intolerant,
[01:07:33.000 --> 01:07:42.000]  will you want to search and show me what you find so I can go to your computers and look them up?
[01:07:42.000 --> 01:07:52.000]  And they'll generally always do that and then get a copy of the list of what they find and keep that copy.
[01:07:52.000 --> 01:08:04.000]  Because you don't even care what's filed in the record. The only thing you care about is what you can find.
[01:08:04.000 --> 01:08:14.000]  The clerk can't find it and it's filed in the record. It's not properly filed so they can use it for toilet paper.
[01:08:14.000 --> 01:08:21.000]  So once you get that list from the clerk, now get each one of those documents and this is what you look for.
[01:08:21.000 --> 01:08:30.000]  Who was the holder, the original lender on the most current mortgage document?
[01:08:30.000 --> 01:08:38.000]  Then you write down that company's name and then you go check on the Internet to see if that company's still in business.
[01:08:38.000 --> 01:08:44.000]  And if not in business, you write down the date that it went out of business.
[01:08:44.000 --> 01:08:59.000]  Now you look for an assignment. The only thing you really care about at this point, mortgages, assignments, or deeds, mortgages, assignments, deed of trust.
[01:08:59.000 --> 01:09:05.000]  For the most part, if it hasn't been sold at auction, there won't be a deed of trust. I'm sorry, a trustee's deed.
[01:09:05.000 --> 01:09:11.000]  There won't be a trustee's deed. The only thing you care about, mortgage assignments.
[01:09:11.000 --> 01:09:15.000]  You don't care about appointments. Those are appointments of trustees.
[01:09:15.000 --> 01:09:19.000]  Oh no, you're in a mortgage state so you don't even have those.
[01:09:19.000 --> 01:09:26.000]  Mortgages, assignments. You've got one mortgage which is the last mortgage your parents got.
[01:09:26.000 --> 01:09:37.000]  Now you look at assignments. When the first assignment was made, was the original lender still in business?
[01:09:37.000 --> 01:09:47.000]  If it wasn't, then you have the dead guy argument and Judge Schreck out of New York called them vampire lenders.
[01:09:47.000 --> 01:09:53.000]  They rise up from the grave and order their agent around.
[01:09:53.000 --> 01:10:03.000]  So you have an assignment here by MERS acting as, or they call it nominee, but what it equates to in law, as an agent for the lender.
[01:10:03.000 --> 01:10:05.000]  Sir, may I say something?
[01:10:05.000 --> 01:10:06.000]  Yes.
[01:10:06.000 --> 01:10:13.000]  When you said MERS, I hit a note because that's all that shows up. It's about five different listed on the-
[01:10:13.000 --> 01:10:16.000]  Okay, we're going to find these problems, I'm sure.
[01:10:16.000 --> 01:10:19.000]  Okay, here's what we look at on MERS.
[01:10:19.000 --> 01:10:26.000]  You've got the original mortgage and then you'll find an assignment by MERS.
[01:10:26.000 --> 01:10:42.000]  This is what you want to look for. Does the assignment say that this is MERS as nominee for some company which is the original lender?
[01:10:42.000 --> 01:10:54.000]  Generally, if the original lender is still in business when MERS does an assignment, they will say MERS acting as agent for the original lender.
[01:10:54.000 --> 01:10:58.000]  But the original lender is out of business. They don't exist anymore.
[01:10:58.000 --> 01:11:04.000]  They'll just say MERS. They won't say acting as nominee for the original lender.
[01:11:04.000 --> 01:11:15.000]  So if I see that, then I say, whoa, hold on again here. They don't put that in because the original lender doesn't exist anymore.
[01:11:15.000 --> 01:11:32.000]  It creates a question. How did a non-existent lender who held an asset transfer that asset to some other company through an agent?
[01:11:32.000 --> 01:11:41.000]  How did that person, a legal fiction corporation, LLC company, these are legal fictions.
[01:11:41.000 --> 01:11:47.000]  They're created by law, but they're given certain rights.
[01:11:47.000 --> 01:11:50.000]  So they're allowed to do these things, right?
[01:11:50.000 --> 01:11:57.000]  Well, as an entity, they have certain due process rights just like you do.
[01:11:57.000 --> 01:12:01.000]  So in law, they're called a person.
[01:12:01.000 --> 01:12:10.000]  So there's a living human being, and then there are legal fictions, which are persons for the purpose of certain rights.
[01:12:10.000 --> 01:12:19.000]  So this original mortgage company was a person under law, and then the person died.
[01:12:19.000 --> 01:12:34.000]  Well, the person had assets, and if your parents had assets and they didn't transfer those assets to someone else before they passed,
[01:12:34.000 --> 01:12:39.000]  then when they passed, their assets would go into probate.
[01:12:39.000 --> 01:12:43.000]  But that's because your parents were living, breathing human beings.
[01:12:43.000 --> 01:12:51.000]  A legal fiction person, their assets can't go into probate.
[01:12:51.000 --> 01:13:01.000]  If the legal fiction dies and they don't transfer their assets to someone else, then they abandon them.
[01:13:01.000 --> 01:13:04.000]  Oh, my goodness. So that would happen?
[01:13:04.000 --> 01:13:14.000]  This is what you want to check for. See if the original lender went out of business before Merz made the first assignment,
[01:13:14.000 --> 01:13:25.000]  because your claim is going to be the original lender went out of business without transferring its claim against this property to someone else.
[01:13:25.000 --> 01:13:27.000]  Therefore, they abandoned it.
[01:13:27.000 --> 01:13:36.000]  And then Merz came along later and claimed that Merz was engaged by this lender as an agent
[01:13:36.000 --> 01:13:47.000]  and authorized to transfer the assets of the person to another entity.
[01:13:47.000 --> 01:13:56.000]  So, you know, if Merz came along and transferred your assets to somebody else without your permission, you know, what's that?
[01:13:56.000 --> 01:14:00.000]  That's called conversion. That's theft.
[01:14:00.000 --> 01:14:02.000]  It happened and that's what my mother was suing for.
[01:14:02.000 --> 01:14:10.000]  She was with IndyMask and she could never get a hold of who she was sending her monthly payments to, to pay the mortgage.
[01:14:10.000 --> 01:14:21.000]  Okay. You've already, so you can revive the lawsuit because she died and they dismissed for lack of prosecution,
[01:14:21.000 --> 01:14:34.000]  but because of the fact that she passed away. Now, whoever stands in her shoes can pick that lawsuit up and refile it.
[01:14:34.000 --> 01:14:42.000]  So these are the really basic arguments. The whole issue of who Merz is, we don't care.
[01:14:42.000 --> 01:14:52.000]  The banks brought up this issue of Merz and securitization, in my opinion, to send us down a rabbit hole.
[01:14:52.000 --> 01:15:00.000]  They want us to go chasing securitization and Merz because they don't want us to look behind the curtain.
[01:15:00.000 --> 01:15:09.000]  And the curtain is in front of the contract. They don't want you to look at the contract.
[01:15:09.000 --> 01:15:12.000]  That's where you kick their behinds.
[01:15:12.000 --> 01:15:18.000]  You go in with a claim of securitization and the judge is going to sit there and scratch his head
[01:15:18.000 --> 01:15:21.000]  and try to figure out what in the heck you're talking about.
[01:15:21.000 --> 01:15:33.000]  But if you go in and say, in Covenant 16, the lender agreed to abide by all current law,
[01:15:33.000 --> 01:15:39.000]  lender violated the Real Estate Settlement Procedures Act by this method.
[01:15:39.000 --> 01:15:46.000]  Therefore, they are in violation of Covenant 16 and in default on the contract.
[01:15:46.000 --> 01:15:54.000]  Sue for contract violations, that's really easy for the judge to wrap his head around.
[01:15:54.000 --> 01:16:03.000]  The Covenant says they will abide by all law. You went into this mortgage based on this agreement.
[01:16:03.000 --> 01:16:09.000]  They breached the agreement. They defaulted on the contract.
[01:16:09.000 --> 01:16:21.000]  But let me take a step back from that. Since your parents received a notice of acceleration,
[01:16:21.000 --> 01:16:25.000]  have you heard of rescission?
[01:16:25.000 --> 01:16:29.000]  I've heard of it, but I'm not too knowledgeable about it. I don't know.
[01:16:29.000 --> 01:16:35.000]  Oh, you're going to get knowledgeable and you're going to be a happy camper.
[01:16:35.000 --> 01:16:42.000]  Hang on, Randy Kelton, Rule of Law Radio. I called in number 512-646-1984.
[01:16:42.000 --> 01:16:47.000]  We'll pick this up on the other side and we'll go into this case I just did in New York.
[01:16:47.000 --> 01:17:00.000]  You'll like the results. We'll be right back.
[01:17:00.000 --> 01:17:05.000]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
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[01:17:49.000 --> 01:18:01.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
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[01:19:28.000 --> 01:19:30.000]  Okay, we are back.
[01:19:30.000 --> 01:19:32.000]  Randy Kelton, Wheel of Law Radio.
[01:19:32.000 --> 01:19:34.000]  We're talking to Charlene in New York.
[01:19:34.000 --> 01:19:40.000]  And okay, 15 U.S. Code 1635.
[01:19:40.000 --> 01:19:42.000]  That goes to rescission.
[01:19:42.000 --> 01:19:46.000]  That's the Truce and Lending Act Regulation Z.
[01:19:46.000 --> 01:19:57.000]  1635 says that you can rescind a note within three days with no for no reason.
[01:19:57.000 --> 01:20:10.000]  You can rescind a note up to three years if the lender failed to give you proper disclosures of your right to rescind.
[01:20:10.000 --> 01:20:34.000]  And under 1635 I, you can rescind a note after initiation of foreclosure if you can show more than $35 error in the disclosures given to you at closing.
[01:20:34.000 --> 01:20:44.000]  We had the judge in his order state that the right to rescind does not last forever.
[01:20:44.000 --> 01:20:46.000]  Wrong.
[01:20:46.000 --> 01:20:55.000]  Once foreclosure is initiated, the right to rescind is reinvigorated, and it does last forever.
[01:20:55.000 --> 01:20:58.000]  So here's what rescind is.
[01:20:58.000 --> 01:21:13.000]  Under Jasenowski, the 2014 case, the Supreme Court ruled that if a lender, oops, back up, stop.
[01:21:13.000 --> 01:21:26.000]  If a borrower gives notice of rescind to a lender, rescind is accomplished.
[01:21:26.000 --> 01:21:36.000]  You don't file a request for a rescind, you file a notice of rescind, and that accomplishes rescission.
[01:21:36.000 --> 01:21:50.000]  And the lender has 20 days in which to take possession of the property or file an opposition in the district court.
[01:21:50.000 --> 01:22:06.000]  What happens in rescission is the bank gives you back everything that you gave the bank, and you give the bank back everything you got from the bank, which is the property.
[01:22:06.000 --> 01:22:15.000]  Or they generally don't want the property back, you give them the current value of the property.
[01:22:15.000 --> 01:22:30.000]  So you see where this can be an advantage, if you paid on the property for, if this is paid since 2002, when they rescind everything you paid them, and that's insurance, that's escrow, that's everything.
[01:22:30.000 --> 01:22:34.000]  Now you've got enough to pay for the property.
[01:22:34.000 --> 01:22:35.000]  Okay.
[01:22:35.000 --> 01:22:41.000]  What the Jasenowski decision was, it was a really, really big deal.
[01:22:41.000 --> 01:22:48.000]  I don't know who the moron was with Wells Fargo, who allowed that to get to the Supreme.
[01:22:48.000 --> 01:22:52.000]  They should have made a deal with these people.
[01:22:52.000 --> 01:23:00.000]  You've got three years to rescind on the very last day.
[01:23:00.000 --> 01:23:06.000]  Okay, you have three years to rescind if they don't give you a notice, a proper notice of your right to rescind.
[01:23:06.000 --> 01:23:26.000]  What they claimed was, on the very last day they had to file, they filed a recension claiming that when they gave the notice to rescind, there was a husband and wife, but they only gave one notice.
[01:23:26.000 --> 01:23:35.000]  That was the most nitpicking claim that I could ever have heard of.
[01:23:35.000 --> 01:23:43.000]  It's not that they didn't give you notice, but they were supposed to give a copy to each person and they only gave one.
[01:23:43.000 --> 01:23:45.000]  And that's what they sued for.
[01:23:45.000 --> 01:23:48.000]  The district, the court ruled against them.
[01:23:48.000 --> 01:23:52.000]  The appeal to the district, the district ruled against them.
[01:23:52.000 --> 01:23:59.000]  The appeal to the Supreme and the Supreme dropped the sky on the banks.
[01:23:59.000 --> 01:24:02.000]  Big time.
[01:24:02.000 --> 01:24:09.000]  They said when the notice of rescission is filed, it is a done deal.
[01:24:09.000 --> 01:24:17.000]  And the only thing that the lender can do is file an opposition within 20 days.
[01:24:17.000 --> 01:24:21.000]  Well, here's the deal.
[01:24:21.000 --> 01:24:25.000]  The banks just didn't get it.
[01:24:25.000 --> 01:24:29.000]  Every rescission I file, they ignore.
[01:24:29.000 --> 01:24:36.000]  But then I've got this document I call a qualified written request.
[01:24:36.000 --> 01:24:38.000]  It is a qualified written request.
[01:24:38.000 --> 01:24:48.000]  A qualified written request is a document claiming an accounting error and requests that the lender correct the error.
[01:24:48.000 --> 01:24:51.000]  That makes it a qualified written request.
[01:24:51.000 --> 01:24:59.000]  It's also a debt validation letter because we have a section in there that disputes the debt.
[01:24:59.000 --> 01:25:04.000]  And it's got 15 pages of trash.
[01:25:04.000 --> 01:25:09.000]  If you look on the Internet, you'll find all of these qualified written requests,
[01:25:09.000 --> 01:25:12.000]  and people who wrote them don't know what a qualified written request is.
[01:25:12.000 --> 01:25:16.000]  All it is is a request for discovery.
[01:25:16.000 --> 01:25:18.000]  And these guys don't have to pay any attention to that.
[01:25:18.000 --> 01:25:23.000]  The lawyer's going to look at it and say, this is garbage, this is trash, this is junk.
[01:25:23.000 --> 01:25:27.000]  So I put in 15 pages of trash.
[01:25:27.000 --> 01:25:31.000]  Very last page, very last paragraph.
[01:25:31.000 --> 01:25:44.000]  If you fail to adequately validate the debt and correct the accounting error within the statutory time limit,
[01:25:44.000 --> 01:25:48.000]  consider this as a notice of rescission.
[01:25:48.000 --> 01:25:52.000]  I don't think a single lawyer ever read it.
[01:25:52.000 --> 01:25:55.000]  They're too busy saying, this is trash, this is trash.
[01:25:55.000 --> 01:25:58.000]  They get to the last paragraph, they don't read it.
[01:25:58.000 --> 01:26:01.000]  Sorry, Bubba.
[01:26:01.000 --> 01:26:05.000]  You're a problem, not our problem.
[01:26:05.000 --> 01:26:13.000]  So then when they don't respond within 20 days, now you've got something to deal with.
[01:26:13.000 --> 01:26:24.000]  Now you sue under 22, let's see, 2201, a U.S. Code 2201.
[01:26:24.000 --> 01:26:28.000]  That is the declaratory relief statute.
[01:26:28.000 --> 01:26:36.000]  You sue for a declaratory relief in the form of a declaration of rights.
[01:26:36.000 --> 01:26:39.000]  It's a real simple suit.
[01:26:39.000 --> 01:26:41.000]  Is it?
[01:26:41.000 --> 01:26:44.000]  Yes, it doesn't ask for any money.
[01:26:44.000 --> 01:26:47.000]  It doesn't ask for any damages.
[01:26:47.000 --> 01:26:55.000]  It asks the court to look at the facts and declare who has what rights.
[01:26:55.000 --> 01:27:02.000]  And what you're asking the court to declare is you filed a notice of rescission.
[01:27:02.000 --> 01:27:07.000]  They fail to respond with an opposition within 20 days.
[01:27:07.000 --> 01:27:12.000]  And they fail to initiate the rescission process.
[01:27:12.000 --> 01:27:18.000]  Therefore, according to the real estate settlement, I mean, the Truth in Lending Act,
[01:27:18.000 --> 01:27:24.000]  if they fail to do either one of those and when they initiate rescission,
[01:27:24.000 --> 01:27:29.000]  they give you all the money that you gave them and you give them the property back.
[01:27:29.000 --> 01:27:35.000]  It says if they fail to take possession of the property within 20 days,
[01:27:35.000 --> 01:27:43.000]  the lender may retain the property with no further obligation.
[01:27:43.000 --> 01:27:45.000]  So we go right by the law.
[01:27:45.000 --> 01:27:47.000]  We filed a notice of rescission.
[01:27:47.000 --> 01:27:50.000]  They didn't respond within 20 days.
[01:27:50.000 --> 01:27:55.000]  We ask the court to declare that you have a right to retain the property
[01:27:55.000 --> 01:27:58.000]  with no further obligation.
[01:27:58.000 --> 01:28:06.000]  Now, if you file a case in the federal court concerning foreclosure,
[01:28:06.000 --> 01:28:12.000]  the court will rule against you out of hand at every turn.
[01:28:12.000 --> 01:28:14.000]  That's not a problem.
[01:28:14.000 --> 01:28:17.000]  It's just a parameter.
[01:28:17.000 --> 01:28:19.000]  We understand that.
[01:28:19.000 --> 01:28:21.000]  See, I'm an engineer.
[01:28:21.000 --> 01:28:23.000]  I don't do philosophy.
[01:28:23.000 --> 01:28:27.000]  I may have these notions of how things should be.
[01:28:27.000 --> 01:28:30.000]  But first, I care how things really are.
[01:28:30.000 --> 01:28:33.000]  And how things really are is, of course, going to rule against you.
[01:28:33.000 --> 01:28:35.000]  Let them.
[01:28:35.000 --> 01:28:40.000]  It's going to cost you very little to file this suit.
[01:28:40.000 --> 01:28:44.000]  It's going to cost the lawyer, the bank on the other side,
[01:28:44.000 --> 01:28:47.000]  $600 an hour for lawyers.
[01:28:47.000 --> 01:28:51.000]  That is until you bargrieve the first one and he quits.
[01:28:51.000 --> 01:28:57.000]  And it's going to cost them $800 to $1200 an hour for the next lawyer.
[01:28:57.000 --> 01:29:02.000]  In the end, it's all about the money.
[01:29:02.000 --> 01:29:06.000]  So you file this rescission suit.
[01:29:06.000 --> 01:29:10.000]  And one of the things you're required to do in the initial scheduling order
[01:29:10.000 --> 01:29:14.000]  is schedule a settlement conference.
[01:29:14.000 --> 01:29:15.000]  Come on, guys.
[01:29:15.000 --> 01:29:16.000]  Let's sit down.
[01:29:16.000 --> 01:29:18.000]  Let's talk.
[01:29:18.000 --> 01:29:21.000]  Give me a settlement offer.
[01:29:21.000 --> 01:29:25.000]  I'll keep you in court until we both get old.
[01:29:25.000 --> 01:29:28.000]  And that you can do.
[01:29:28.000 --> 01:29:29.000]  And I can show you how to do that.
[01:29:29.000 --> 01:29:31.000]  It's a piece of cake.
[01:29:31.000 --> 01:29:38.000]  Or you can make me a deal for half your accounting, your attorney fees,
[01:29:38.000 --> 01:29:41.000]  and we'll all go home.
[01:29:41.000 --> 01:29:42.000]  Okay, hang on.
[01:29:42.000 --> 01:29:44.000]  About to go to break.
[01:29:44.000 --> 01:29:45.000]  I do need to move along.
[01:29:45.000 --> 01:29:48.000]  I've got two more segments and I've got another caller.
[01:29:48.000 --> 01:29:49.000]  I want to make sure I get to him.
[01:29:49.000 --> 01:29:52.000]  But I've got a little bit more on this.
[01:29:52.000 --> 01:29:53.000]  You're going to like this.
[01:29:53.000 --> 01:30:01.000]  So Randy Kelton, Rule of Law Radio, we'll be right back.
[01:30:01.000 --> 01:30:05.000]  If someone wanted to tamper with your utilities or access your phone records,
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[01:30:43.000 --> 01:30:46.000]  A few years ago, a hacker accessed my phone
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[01:30:50.000 --> 01:30:55.000]  Nowadays, such information is available all too easily from the Internet.
[01:30:55.000 --> 01:30:58.000]  I wised up after that and instructed my bank and utilities
[01:30:58.000 --> 01:31:01.000]  to add a pass question to my account.
[01:31:01.000 --> 01:31:04.000]  Now a note in my file instructs agents to ask a simple question
[01:31:04.000 --> 01:31:07.000]  to verify that it's really me on the line.
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[01:31:10.000 --> 01:31:13.000]  or researched online and that only I know the answer to.
[01:31:13.000 --> 01:31:17.000]  Those hackers will never guess the name of the first boy I had a crush on.
[01:31:17.000 --> 01:31:19.000]  I'm Dr. Catherine Albrecht.
[01:31:19.000 --> 01:31:22.000]  More news and information at CatherineAlbrecht.com.
[01:31:27.000 --> 01:31:32.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:32.000 --> 01:31:34.000]  The government says that fire brought it down.
[01:31:34.000 --> 01:31:39.000]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
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[01:31:45.000 --> 01:31:46.000]  I'm not a conspiracy theorist.
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[01:32:55.000 --> 01:32:57.000]  May not actually be kidding about chemtrails.
[01:32:57.000 --> 01:33:24.000]  You are listening to the Logos Radio Network.
[01:33:24.000 --> 01:33:34.000]  Okay.
[01:33:34.000 --> 01:33:36.000]  We are back.
[01:33:36.000 --> 01:33:42.000]  Randy Kelton, Lula Radio and Carlene has dropped off again.
[01:33:42.000 --> 01:33:44.000]  I'm hoping she'll be back shortly.
[01:33:44.000 --> 01:33:50.000]  Seems like for some reason she drops off at every break and then has to call back in.
[01:33:50.000 --> 01:33:55.000]  But wait a minute, I hope we give her a chance to call back in.
[01:33:55.000 --> 01:34:02.000]  But rescission, the banks, while they got the decision against them,
[01:34:02.000 --> 01:34:06.000]  they just didn't get rescission yet.
[01:34:06.000 --> 01:34:09.000]  And no one's been taking them on.
[01:34:09.000 --> 01:34:27.000]  Okay. Charlene is back and I just sent an appeal to the Second Circuit on exactly this issue.
[01:34:27.000 --> 01:34:39.000]  Okay, Charlene, you have some radio or something in the background.
[01:34:39.000 --> 01:34:41.000]  Okay, that's better.
[01:34:41.000 --> 01:34:50.000]  Okay, Charlene is probably, I suspect I've been kind of feeding you with a fire hose.
[01:34:50.000 --> 01:34:53.000]  If this is the first time you've heard all this information,
[01:34:53.000 --> 01:34:57.000]  I'm sure it's hard to accumulate, assimilate all of it.
[01:34:57.000 --> 01:34:59.000]  I can't keep up with you.
[01:34:59.000 --> 01:35:03.000]  I know and I deliberately walk through this.
[01:35:03.000 --> 01:35:07.000]  Our shows are recorded and then they're archived.
[01:35:07.000 --> 01:35:15.000]  You can go onto our website at ruleoflawradio.com and pull down our archives and listen to them over.
[01:35:15.000 --> 01:35:22.000]  Also, if you'll send me an email at randy at ruleoflawradio.com.
[01:35:22.000 --> 01:35:24.000]  Wait, sorry, say that again.
[01:35:24.000 --> 01:35:35.000]  It's randy, R-E-N-D-Y, at ruleoflawradio.com.
[01:35:35.000 --> 01:35:38.000]  Randy at?
[01:35:38.000 --> 01:35:46.000]  Rule, R-U-L-E, of law radio.
[01:35:46.000 --> 01:35:49.000]  Dot com or just law radio?
[01:35:49.000 --> 01:35:51.000]  Dot com.
[01:35:51.000 --> 01:35:53.000]  Okay.
[01:35:53.000 --> 01:35:59.000]  And I can explain further and I'll give you a list of what documents to let me look at.
[01:35:59.000 --> 01:36:00.000]  Okay.
[01:36:00.000 --> 01:36:14.000]  And the thing about this is I have a friend in San Diego that I helped him file a standing in capacity suit.
[01:36:14.000 --> 01:36:17.000]  And all it said was, who the heck are you?
[01:36:17.000 --> 01:36:23.000]  He sent me this demand for payment, I don't know who you are, never entered into a contract with you,
[01:36:23.000 --> 01:36:29.000]  never entered into a contract with your alleged principal, prove up your position.
[01:36:29.000 --> 01:36:32.000]  And that's it, it's about a three-page suit.
[01:36:32.000 --> 01:36:36.000]  He's been in court for seven years now.
[01:36:36.000 --> 01:36:37.000]  Oh, boy.
[01:36:37.000 --> 01:36:40.000]  He's about to go to the Supreme.
[01:36:40.000 --> 01:36:44.000]  And that's my trash suit.
[01:36:44.000 --> 01:36:46.000]  We don't care about that one.
[01:36:46.000 --> 01:36:57.000]  Because if he proves up his position, then I'm going to take all of the fees that are put on the HUD-1 settlement statement.
[01:36:57.000 --> 01:37:06.000]  And we're going to say, at closing, you fail to provide evidence to show that the fees charged on the HUD-1 settlement statement
[01:37:06.000 --> 01:37:15.000]  were fees that were allowed to be charged by law, that they were fees for services actually provided,
[01:37:15.000 --> 01:37:20.000]  that the services were necessary, that the amounts charged were reasonable,
[01:37:20.000 --> 01:37:24.000]  and that the lender did not take an undisclosed markup on the amounts charged.
[01:37:24.000 --> 01:37:27.000]  That's all right out of the Real Estate Settlement Procedures Act.
[01:37:27.000 --> 01:37:31.000]  So therefore, they're all bogus, every one of them.
[01:37:31.000 --> 01:37:38.000]  And we run an amortization on the note, and we subtract the full amount from line 1400
[01:37:38.000 --> 01:37:45.000]  on the HUD-1 settlement statement from the original principal on the first payment,
[01:37:45.000 --> 01:37:50.000]  and then calculate out the payments.
[01:37:50.000 --> 01:37:58.000]  The first one I did was a $116,000 note at 6% interest.
[01:37:58.000 --> 01:38:02.000]  The HUD-1 settlement statement had $12,000 in fees.
[01:38:02.000 --> 01:38:06.000]  So I took $12,000 off the principal on the first day.
[01:38:06.000 --> 01:38:13.000]  His loan went to zero at payment 240.
[01:38:13.000 --> 01:38:20.000]  So the next 10 years, he would be paying fraudulent amounts.
[01:38:20.000 --> 01:38:32.000]  On a $116,000 note, he would have overpaid the note $50,000 and $50,000 and $43 in change.
[01:38:32.000 --> 01:38:38.000]  So we make a claim against the lender of fraud.
[01:38:38.000 --> 01:38:45.000]  In fraud, you don't claim the amount you were actually defrauded of.
[01:38:45.000 --> 01:38:52.000]  You claim the amount you would have been defrauded of had their plan went to fruition.
[01:38:52.000 --> 01:38:57.000]  In this case, it was $50,000, except you don't claim that either.
[01:38:57.000 --> 01:39:01.000]  You claim triple.
[01:39:01.000 --> 01:39:14.000]  So the first calculation, I get a claim against the lender in an amount of $150,000 on a $116,000 note.
[01:39:14.000 --> 01:39:18.000]  I have tender by set off.
[01:39:18.000 --> 01:39:25.000]  And I keep that one in court for another seven years.
[01:39:25.000 --> 01:39:29.000]  Okay, this is the bank's problem.
[01:39:29.000 --> 01:39:32.000]  You keep them in court and cost them a fortune.
[01:39:32.000 --> 01:39:44.000]  And more than just keeping them in court, we will show you how to be what the courts and lawyers hate more than anything.
[01:39:44.000 --> 01:39:48.000]  The pro se from hell.
[01:39:48.000 --> 01:39:57.000]  Okay, so where do I go from here in terms of what steps do I have to take in terms of getting...
[01:39:57.000 --> 01:40:10.000]  I would have to know where you're at in the course of things so that I know what has been done in the original suit in case there's some res judicata there.
[01:40:10.000 --> 01:40:15.000]  Res judicata means already adjudicated.
[01:40:15.000 --> 01:40:19.000]  So I need to see what's been adjudicated in the original suit.
[01:40:19.000 --> 01:40:24.000]  And then I need to see all of the documents from the county recorder's office.
[01:40:24.000 --> 01:40:29.000]  Then I need to see your HUD-1 settlement statement, truth and lending statement note.
[01:40:29.000 --> 01:40:37.000]  And from those, I run a bunch of calculations and I can give you more claims to throw at these guys than they can ever get adjudicated.
[01:40:37.000 --> 01:40:45.000]  Okay, may I ask, because I've been dying to ask this question, but I don't know when to come through with it.
[01:40:45.000 --> 01:40:55.000]  So what if I got...I think I might have mentioned it, I had an analysis done, a preliminary report of the loan history.
[01:40:55.000 --> 01:41:04.000]  So my question is, does that hold any weight in terms of moving forward?
[01:41:04.000 --> 01:41:06.000]  I don't know.
[01:41:06.000 --> 01:41:14.000]  I've seen a lot of these analyses and there's only one that I've seen that I can use.
[01:41:14.000 --> 01:41:17.000]  And here's the problem with them.
[01:41:17.000 --> 01:41:22.000]  They say, the bank did this and this is illegal, they can't do that.
[01:41:22.000 --> 01:41:25.000]  They did this and this is illegal, they can't do that.
[01:41:25.000 --> 01:41:32.000]  And it goes to one of my rules, never make a proactive statement of law out of your own mouth.
[01:41:32.000 --> 01:41:39.000]  You must make proactive statements of law out of the mouth of the legislature or the courts.
[01:41:39.000 --> 01:41:45.000]  They say you can't do this and this is wrong, don't tell me that kind of stuff.
[01:41:45.000 --> 01:41:56.000]  Tell me, the legislature says in this statute it says this, and the courts opined in this court case this.
[01:41:56.000 --> 01:42:01.000]  Tell me what the legislature says, tell me what the courts say.
[01:42:01.000 --> 01:42:03.000]  Don't just tell me stuff is wrong.
[01:42:03.000 --> 01:42:10.000]  And all of these do that, none of them give you any law or statute.
[01:42:10.000 --> 01:42:12.000]  They just tell you all these things are wrong.
[01:42:12.000 --> 01:42:14.000]  In that case it's of no value.
[01:42:14.000 --> 01:42:23.000]  The one thing that might be of value is the securitization tracking,
[01:42:23.000 --> 01:42:27.000]  but it's generally not for the reason these guys think it is.
[01:42:27.000 --> 01:42:30.000]  So I don't know, I would have to see it.
[01:42:30.000 --> 01:42:37.000]  It would please me greatly if you have one that is of great value.
[01:42:37.000 --> 01:42:41.000]  Oh, you would like for me to send you that report?
[01:42:41.000 --> 01:42:52.000]  Yes, I would like to look at it because if I could find someone that does a usable analysis, I would really be pleased.
[01:42:52.000 --> 01:43:04.000]  Okay, it's not an audit, it's just a preliminary report, so I guess that's why it doesn't hold weight as far as you know.
[01:43:04.000 --> 01:43:16.000]  If it points to some things, when I look at one, the only thing I want to see initially is I want to see what's in the public record.
[01:43:16.000 --> 01:43:19.000]  I don't even want to get distracted by something else.
[01:43:19.000 --> 01:43:22.000]  That's where the money is.
[01:43:22.000 --> 01:43:25.000]  Right.
[01:43:25.000 --> 01:43:29.000]  That is the last place the bank wants you to look.
[01:43:29.000 --> 01:43:31.000]  Okay.
[01:43:31.000 --> 01:43:34.000]  They want you to look at securitization and merge and all that.
[01:43:34.000 --> 01:43:39.000]  Stay away from that public record because we screwed that up big time.
[01:43:39.000 --> 01:43:41.000]  Okay, hang on.
[01:43:41.000 --> 01:43:42.000]  We'll be right back.
[01:43:42.000 --> 01:43:43.000]  I do have to finish this.
[01:43:43.000 --> 01:43:51.000]  I've got Mark on the other line, but give me an email and I'll get you more information.
[01:43:51.000 --> 01:43:52.000]  Thank you.
[01:43:52.000 --> 01:43:53.000]  Okay.
[01:43:53.000 --> 01:43:56.000]  Thank you, Charlene, Randy Kelton, Wheel of Law Radio.
[01:43:56.000 --> 01:44:24.000]  We'll be right back.
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[01:46:25.000 --> 01:46:41.000]  Okay, we are back. Randy Kelton, Rule of Law Radio.
[01:46:41.000 --> 01:46:45.000]  We're going to Mark in Florida. Hello, Mark. What do you have for us today?
[01:46:45.000 --> 01:46:51.000]  Well, I actually had three things, but there's not enough time for the first two.
[01:46:51.000 --> 01:46:57.000]  I'll just give you a little teaser. I spent 28 days in jail, excuse me,
[01:46:57.000 --> 01:47:03.000]  32 days in jail on a capious warrant on a court date
[01:47:03.000 --> 01:47:08.000]  that there's nothing in the record indicating there was notice.
[01:47:08.000 --> 01:47:14.000]  That's a little teaser. We'll talk about that another time.
[01:47:14.000 --> 01:47:21.000]  The other teaser is yesterday's arraignment on a misdemeanor.
[01:47:21.000 --> 01:47:27.000]  You can't even read the charge in the court record.
[01:47:27.000 --> 01:47:34.000]  I filed a four-page challenge to jurisdiction, and the judge looked at it
[01:47:34.000 --> 01:47:40.000]  less than 30 seconds. Actually, with the two attachments, it was six pages.
[01:47:40.000 --> 01:47:46.000]  Less than 30 seconds denied it, but that's another teaser.
[01:47:46.000 --> 01:47:50.000]  She did all kinds of things. What happened today is what we'll talk about.
[01:47:50.000 --> 01:47:57.000]  It's a shorter subject. If you remember from the other time that we've talked,
[01:47:57.000 --> 01:48:04.000]  I am an agent. I'm highly skilled, highly trained, and highly unemployed from this economy.
[01:48:04.000 --> 01:48:10.000]  As a matter of fact, I missed going to a job site last month that was paying $3,400 a week
[01:48:10.000 --> 01:48:15.000]  for four weeks because I had to go to court.
[01:48:15.000 --> 01:48:20.000]  Me being out there holding a cardboard sign is not something I like to do.
[01:48:20.000 --> 01:48:26.000]  That's what I am doing and standing up for my rights, freedom of speech.
[01:48:26.000 --> 01:48:35.000]  I had a sheriff's deputy pull up today and got out of his car just red in the face, mad,
[01:48:35.000 --> 01:48:44.000]  screaming at me. He said it was against a city ordinance.
[01:48:44.000 --> 01:48:51.000]  I said, which ordinance, sir? He said, well, you can check this city and this city and this city.
[01:48:51.000 --> 01:48:56.000]  I said, well, which city are you speaking of? He said, well, which city are you in?
[01:48:56.000 --> 01:49:02.000]  I said, well, you're talking about the ordinance. You tell me.
[01:49:02.000 --> 01:49:07.000]  That was too much fun. He stumbled around.
[01:49:07.000 --> 01:49:12.000]  I kept insisting I was exercising my right to free speech.
[01:49:12.000 --> 01:49:18.000]  First thing he did was threaten to take me to jail. First words out of his mouth.
[01:49:18.000 --> 01:49:24.000]  First injury in fact, according to the Supreme Court.
[01:49:24.000 --> 01:49:29.000]  Bottom line, this altercation lasted about four minutes.
[01:49:29.000 --> 01:49:36.000]  I stood up for my rights and I informed him he was violating federal law, deprivation of rights
[01:49:36.000 --> 01:49:41.000]  under color of law by harassing me while exercising my rights.
[01:49:41.000 --> 01:49:47.000]  He started to say something else. I said, look, this is what we can do.
[01:49:47.000 --> 01:49:52.000]  We'll go ahead and file the proper documents and we'll settle this in court. I'm not going to argue it here.
[01:49:52.000 --> 01:49:59.000]  At that point, he grabbed my sign out of my hand, tore it up in little pieces.
[01:49:59.000 --> 01:50:03.000]  I thought he was going to grab the cuffs and take me to jail after that.
[01:50:03.000 --> 01:50:07.000]  And he walked towards his car. Now, through all this process,
[01:50:07.000 --> 01:50:13.000]  three times I demanded to speak to a supervisor. He said, I'm not calling to call him.
[01:50:13.000 --> 01:50:18.000]  I said, why not? He said, because I know what I'm doing.
[01:50:18.000 --> 01:50:23.000]  Did you have a cell phone on you?
[01:50:23.000 --> 01:50:28.000]  Oh, I got better than that. I've got the ideal set up finally.
[01:50:28.000 --> 01:50:36.000]  I've got, well, I took your suggestion. I got that USB voice recorder.
[01:50:36.000 --> 01:50:44.000]  No, no, that's not where I was going. I'm wondering why you didn't call 911.
[01:50:44.000 --> 01:50:48.000]  Well, let me finish. Let me finish.
[01:50:48.000 --> 01:50:56.000]  I get two words from the law enforcement officer. I don't like, I dial 911.
[01:50:56.000 --> 01:51:01.000]  I got this officer out here and he is agitated.
[01:51:01.000 --> 01:51:06.000]  But the problem is he's prominently displaying a deadly weapon. I'm afraid he's going to shoot me with it.
[01:51:06.000 --> 01:51:11.000]  Will you get somebody out here to take my criminal complaint against this officer?
[01:51:11.000 --> 01:51:17.000]  That has a way of adjusting their attitude big time.
[01:51:17.000 --> 01:51:24.000]  I could not reach for my back pocket because he had his hand on his pistol the whole time and he was irate.
[01:51:24.000 --> 01:51:29.000]  I consider that aggravated assault.
[01:51:29.000 --> 01:51:36.000]  I do too. I was definitely in fear for my safety, but I was standing firm in my position.
[01:51:36.000 --> 01:51:40.000]  I was being polite, but very firm.
[01:51:40.000 --> 01:51:43.000]  Do you have this guy's name?
[01:51:43.000 --> 01:51:48.000]  Oh, I've got a beautiful little audio video of the whole thing.
[01:51:48.000 --> 01:51:55.000]  Oh, wonderful. You need to get the audio video on YouTube
[01:51:55.000 --> 01:52:03.000]  and prepare a set of criminal complaints for aggravated assault against the officer and take those down.
[01:52:03.000 --> 01:52:08.000]  Generally, I always take them to a magistrate.
[01:52:08.000 --> 01:52:13.000]  Mayor, any judge, every judge is a magistrate.
[01:52:13.000 --> 01:52:19.000]  And file the complaint with the magistrate and the magistrate will refuse to take it.
[01:52:19.000 --> 01:52:22.000]  And he'll tell you you need to file that with the police department.
[01:52:22.000 --> 01:52:29.000]  So then you go down to the police department this guy works for and you present the complaint.
[01:52:29.000 --> 01:52:32.000]  It needs to be a verified criminal complaint.
[01:52:32.000 --> 01:52:38.000]  You tell the officers you want to file a criminal complaint and they'll probably be against an officer
[01:52:38.000 --> 01:52:41.000]  and they'll get you internal affairs.
[01:52:41.000 --> 01:52:46.000]  And internal affairs will want you to fill out this voluntary statement.
[01:52:46.000 --> 01:52:52.000]  Well, you fill out the voluntary statement and then you take some paper clips with you and clip the verified
[01:52:52.000 --> 01:52:57.000]  criminal affidavit to the back of it and hand it to him.
[01:52:57.000 --> 01:53:04.000]  And when he gets it, he'll thumb through it and he'll see those complaints and that's when he'll get apoplexy.
[01:53:04.000 --> 01:53:06.000]  And he's going to say I'm not going to take this.
[01:53:06.000 --> 01:53:10.000]  You're going to say you already got it.
[01:53:10.000 --> 01:53:14.000]  So you either act on it or not. I don't care which.
[01:53:14.000 --> 01:53:18.000]  You know, I mentioned earlier, everything's political.
[01:53:18.000 --> 01:53:22.000]  And I never argue with a policeman out there on the street corner.
[01:53:22.000 --> 01:53:29.000]  If he wants to argue, I dial 9-1-1 and get somebody else out there to argue with him.
[01:53:29.000 --> 01:53:34.000]  And while I have an issue against the police officer, I like bushwhack.
[01:53:34.000 --> 01:53:38.000]  I never give legal advice.
[01:53:38.000 --> 01:53:48.000]  I just had a judge warn me that because I was helping someone fight a ticket that I was walking a fine line.
[01:53:48.000 --> 01:53:53.000]  And I wanted to say, no, I'm not. I am a paralegal.
[01:53:53.000 --> 01:54:00.000]  You're walking a fine line between witness tampering and obstruction of justice, both of which are felonies.
[01:54:00.000 --> 01:54:03.000]  But I don't give legal advice.
[01:54:03.000 --> 01:54:08.000]  If the judge wants legal advice, he can ask the prosecutor.
[01:54:08.000 --> 01:54:12.000]  I prefer bushwhack.
[01:54:12.000 --> 01:54:17.000]  I want them to screw up so that I can go to his boss and file charges against him with his boss.
[01:54:17.000 --> 01:54:19.000]  I don't want him to answer to me.
[01:54:19.000 --> 01:54:26.000]  Let him answer to his boss why he's out there wet in the face with his hand on his pistol.
[01:54:26.000 --> 01:54:34.000]  When he ended up after that part of the discussion, after taking my sign and tearing it up, and I'm telling him, I said, sir, that's theft.
[01:54:34.000 --> 01:54:35.000]  That is.
[01:54:35.000 --> 01:54:37.000]  That's robbery.
[01:54:37.000 --> 01:54:39.000]  And I didn't think about it until later.
[01:54:39.000 --> 01:54:42.000]  And I should have after all the times I've listened to you guys.
[01:54:42.000 --> 01:54:44.000]  Well, that's armed robbery.
[01:54:44.000 --> 01:54:51.000]  You'd have whipped his behind if he hadn't been prominently displaying that deadly weapon.
[01:54:51.000 --> 01:54:54.000]  That's armed robbery.
[01:54:54.000 --> 01:54:56.000]  Of a cardboard sign, mind you.
[01:54:56.000 --> 01:54:57.000]  Yeah.
[01:54:57.000 --> 01:54:58.000]  It doesn't matter what it is.
[01:54:58.000 --> 01:55:00.000]  It was yours.
[01:55:00.000 --> 01:55:12.000]  You might look at the statutes, because in Texas, under aggravated assault, I was astounded at what I found.
[01:55:12.000 --> 01:55:21.000]  It said that if a person commits simple assault, which is a Class C misdemeanor, and they are prominently displaying a deadly weapon,
[01:55:21.000 --> 01:55:32.000]  that's a second degree felony, unless they are a public official acting under color or pretense of an official capacity,
[01:55:32.000 --> 01:55:36.000]  in which case it is a felony of the first degree.
[01:55:36.000 --> 01:55:43.000]  If he was in Texas, that would be first degree felony aggravated assault.
[01:55:43.000 --> 01:55:48.000]  I found a discrimination law in Florida.
[01:55:48.000 --> 01:55:55.000]  You were talking to the call earlier with the elderly gentleman that's being evicted or whatever.
[01:55:55.000 --> 01:55:56.000]  Yes.
[01:55:56.000 --> 01:56:04.000]  I know someone on your show mentioned this before, that Texas has this law where if you mess with the elderly,
[01:56:04.000 --> 01:56:09.000]  that comes under same as race, color, creed, and everything else.
[01:56:09.000 --> 01:56:14.000]  In Florida, they add in their homeless status.
[01:56:14.000 --> 01:56:22.000]  I am legally homeless, even though I'm living in my recreational commands, 32-year-old the lobby.
[01:56:22.000 --> 01:56:27.000]  According to Florida's definitions of that term, I am legally homeless.
[01:56:27.000 --> 01:56:34.000]  Everything they do to me, every crime they commit against me, gets raised to the next level.
[01:56:34.000 --> 01:56:37.000]  Yahoo!
[01:56:37.000 --> 01:56:40.000]  It goes up one notch.
[01:56:40.000 --> 01:56:45.000]  A third degree felony goes to a second, for instance.
[01:56:45.000 --> 01:56:48.000]  So instead of five years, they're looking at 15.
[01:56:48.000 --> 01:56:56.000]  But my little recording set up now, I had an altercation with what I had the arraignment for yesterday.
[01:56:56.000 --> 01:57:02.000]  This officer gave me a five-minute lecture that me walking in the grass beside the road with my sign
[01:57:02.000 --> 01:57:06.000]  is a violation of law obstructing traffic.
[01:57:06.000 --> 01:57:11.000]  He gave me a five-minute lecture on that, and I know it's not a violation of any law.
[01:57:11.000 --> 01:57:16.000]  And then when he wrote up his affidavit, of course, he put in all the lies,
[01:57:16.000 --> 01:57:19.000]  and I'm out there, and people honking their horns, and swerving to miss me,
[01:57:19.000 --> 01:57:27.000]  and all the typical garbage I put up with for too long on too many cases, all the classic lies.
[01:57:27.000 --> 01:57:35.000]  And I'm recording all this with my pen, audio, video, 1080p, high-def.
[01:57:35.000 --> 01:57:38.000]  And I'm recording this, and I'm making the guy on with questions.
[01:57:38.000 --> 01:57:41.000]  I'm quizzing him, getting him to purge himself some more.
[01:57:41.000 --> 01:57:46.000]  And when I got home and plugged it in, it had failed.
[01:57:46.000 --> 01:57:48.000]  I'm about to...
[01:57:48.000 --> 01:57:55.000]  So I got on the Internet, and I ordered several of the other type of recorder that I used.
[01:57:55.000 --> 01:57:58.000]  Well, I burnt one up.
[01:57:58.000 --> 01:58:03.000]  I ordered four of them, and I ordered a power backup,
[01:58:03.000 --> 01:58:07.000]  you know, like where you can charge your cell phone or charge your laptop.
[01:58:07.000 --> 01:58:08.000]  Yeah.
[01:58:08.000 --> 01:58:12.000]  Very compact unit, and it worked like a champ.
[01:58:12.000 --> 01:58:15.000]  I took two of these recorders with me.
[01:58:15.000 --> 01:58:22.000]  I'd run one for half an hour, turn the other one on so they're overlapped,
[01:58:22.000 --> 01:58:26.000]  turn the first one off, plug it in, and charge it.
[01:58:26.000 --> 01:58:27.000]  They'll run for...
[01:58:27.000 --> 01:58:28.000]  Okay, hang on, hang on.
[01:58:28.000 --> 01:58:29.000]  I am sorry.
[01:58:29.000 --> 01:58:31.000]  We are out of time.
[01:58:31.000 --> 01:58:34.000]  If you'll call back next week earlier, we'll take you earlier,
[01:58:34.000 --> 01:58:38.000]  because I'd like to hear some of those other issues you have.
[01:58:38.000 --> 01:58:41.000]  This is Randy Kelton, Rue La Radio.
[01:58:41.000 --> 01:58:42.000]  Thank you all for listening.
[01:58:42.000 --> 01:58:45.000]  We'll be back next Thursday and Friday.
[01:58:45.000 --> 01:58:50.000]  And good night.
[01:58:50.000 --> 01:58:55.000]  Bibles for America is offering absolutely free a unique study Bible
[01:58:55.000 --> 01:58:58.000]  called the New Testament Recovery Version.
[01:58:58.000 --> 01:59:02.000]  The New Testament Recovery Version has over 9,000 footnotes that explain
[01:59:02.000 --> 01:59:06.000]  what the Bible says verse by verse, helping you to know God
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