ROL_2016-08-12_16k_Hr1-2.timecode

[00:00.000 --> 00:07.960]  The following use flash is brought to you by the Lone Star Lowdown, providing your deli
[00:07.960 --> 00:15.560]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:15.560 --> 00:23.380]  into the tides of the alternative.
[00:23.380 --> 00:27.560]  Markets for Wednesday the 10th of August 2016 are currently trading with gold at $1,346
[00:27.560 --> 00:34.680]  an ounce, silver $20.13 an ounce, Texas crude $42.70 a barrel, and Bitcoin is currently
[00:34.680 --> 00:43.480]  sitting at about $596 U.S. currency.
[00:43.480 --> 00:50.020]  Today in history, the year 1920, following World War I, Ottoman Sultan Mehmed VI representatives
[00:50.020 --> 00:54.480]  signed the Treaty of Vrez, which divided up the Ottoman Empire between the Allies, who
[00:54.480 --> 00:58.780]  then basically mapped out the Middle East as it is today, the surrender and division
[00:58.780 --> 01:05.200]  of the Ottoman Empire today in history.
[01:05.200 --> 01:09.000]  In recent news, the Florida Department of Law Enforcement opened up an investigation
[01:09.000 --> 01:14.120]  after Tuesday's tragic shooting of Mary Knowlton, a 73-year-old who was taking part in a shoot-don't-shoot
[01:14.120 --> 01:18.440]  exercise with the Punta Gorda Police Department in Florida when she was accidentally struck
[01:18.440 --> 01:19.760]  by a live round.
[01:19.760 --> 01:23.680]  The police officer who accidentally shot Mary was identified as Lee Cole, who has been with
[01:23.680 --> 01:28.840]  the department since March 17, 2014, has been placed on administrative leave while the investigation
[01:28.840 --> 01:30.120]  is underway.
[01:30.120 --> 01:33.440]  Police Chief Tom Lewis stated that nobody in their wildest dreams thought that there
[01:33.440 --> 01:34.840]  was live ammunition in there.
[01:34.840 --> 01:38.200]  We were unaware that any live ammunition existed for this kind of weapon.
[01:38.200 --> 01:39.880]  We thought only blanks were available.
[01:39.880 --> 01:44.280]  The fatal bullet was fired from a revolver that the officer had used before in earlier
[01:44.280 --> 01:45.520]  exercises.
[01:45.520 --> 01:49.600]  Chief Lewis did assure that the department has protocols in place in order to prevent
[01:49.600 --> 01:59.520]  accidental shootings, but he declined to go into the details citing the ongoing probe.
[01:59.520 --> 02:03.680]  WikiLeaks is offering a $20,000 reward for information on the Democratic National Committee
[02:03.680 --> 02:04.680]  staff members.
[02:04.680 --> 02:09.160]  Seth Richard, a 27-year-old data analyst for the DNC, who was shot and killed early on
[02:09.160 --> 02:13.200]  Sunday morning last month in what police are saying was a robbery gone wrong.
[02:13.200 --> 02:17.880]  Julian Assange, in an interview with a Dutch news program, implied Seth Rich was the source
[02:17.880 --> 02:22.720]  of the DNC emails, which showed an apparent bias in favor of Hillary Clinton over Bernie
[02:22.720 --> 02:24.720]  Sanders in the Democratic primary.
[02:24.720 --> 02:28.600]  When asked about the reward, WikiLeaks said in a statement, quote, we treat threats towards
[02:28.600 --> 02:33.060]  any suspected source of WikiLeaks with extreme gravity and should not be taken to imply that
[02:33.060 --> 02:37.040]  Seth Rich was a source to WikiLeaks or to imply that his murder is connected to our
[02:37.040 --> 02:41.440]  publications.
[02:41.440 --> 02:43.440]  The Lone Star Lowdown is currently looking for sponsors.
[02:43.440 --> 02:50.440]  If you have a product or a service you'd like to advertise with us, feel free to give me
[02:50.440 --> 02:51.440]  a call at 210-363-2257.
[02:51.440 --> 03:15.440]  We'll see you next time.
[03:21.440 --> 03:27.920]  Okay, howdy, howdy.
[03:27.920 --> 03:36.000]  This is Randy Kelton with La Radio on this Friday, the 12th day of August, 2016.
[03:36.000 --> 03:44.680]  And I'm going to start out talking a little bit about what I've been doing today.
[03:44.680 --> 03:52.360]  I had planned on refiling a set of complaints against some deputies that smashed my face
[03:52.360 --> 03:56.520]  in the concrete a couple of years ago.
[03:56.520 --> 04:07.240]  When I did not volunteer to go through their metal detector and called 911 on them, the
[04:07.240 --> 04:11.680]  third time I called 911, they dragged me out of the courthouse and threw me down and smashed
[04:11.680 --> 04:13.600]  my face in the concrete.
[04:13.600 --> 04:17.840]  So I call this case the old, I can smash your face case.
[04:17.840 --> 04:26.440]  I filed criminal charges with the grand jury against these guys on the second day of June
[04:26.440 --> 04:40.400]  2015, took the complaints to the bailiff and they just got swallowed into a black hole.
[04:40.400 --> 04:52.080]  So I pulled the complaints out and made some adjustments to the affidavit alluding to what
[04:52.080 --> 05:00.680]  has occurred with the police in Dallas and other places in the interim to indicate why
[05:00.680 --> 05:05.640]  the complaints should have been heard in the first place.
[05:05.640 --> 05:14.080]  But had I got my complaints heard, it's a good place that the police in Dallas would
[05:14.080 --> 05:23.520]  have been a lot more careful and may not have precipitated the problem that they had.
[05:23.520 --> 05:28.280]  So I didn't quite get it finished and it turned out my driver's license is expired, so I couldn't
[05:28.280 --> 05:31.600]  get it notarized and that was really annoying.
[05:31.600 --> 05:41.360]  But I have them ready and Monday or Tuesday, soon as I get my license renewed, I will go
[05:41.360 --> 05:51.560]  back and file these complaints against these deputies again and I will file a complaint
[05:51.560 --> 05:55.240]  against the grand jury foreman.
[05:55.240 --> 06:03.880]  A couple years ago, as soon as we got a new district attorney in Dallas County, I filed
[06:03.880 --> 06:10.920]  criminal charges against the old district attorney and I filed them in Tarrant County
[06:10.920 --> 06:15.680]  because I tried to file a set of complaints in Dallas County and was thrown out of the
[06:15.680 --> 06:19.380]  building by guys with pistols.
[06:19.380 --> 06:24.240]  So I charged the district attorney as respondeat superior with first degree felony aggravated
[06:24.240 --> 06:32.640]  assault and I couldn't take it to the Dallas County grand jury because one of the complaints
[06:32.640 --> 06:41.200]  against the district attorney was that the aggravated assault was committed by his investigators
[06:41.200 --> 06:45.560]  in order to prevent me from filing complaints with the Dallas County grand jury.
[06:45.560 --> 06:50.240]  So I couldn't go back down there and get guns pointed at me again, so I went to Tarrant
[06:50.240 --> 06:56.360]  County, filed them with Tarrant County, handed them to the baiters and he apparently did
[06:56.360 --> 06:58.800]  give them to a grand jury.
[06:58.800 --> 07:10.920]  The foreman sent me a letter back saying that we found no Tarrant County crime subject to
[07:10.920 --> 07:11.920]  indictment.
[07:11.920 --> 07:18.600]  Well, I can find nothing in law that restricts the jurisdiction of a grand jury to any one
[07:18.600 --> 07:21.080]  county.
[07:21.080 --> 07:25.880]  So I'm filing criminal charges against the foreman of the grand jury for obstruction
[07:25.880 --> 07:29.520]  of justice and tampering with the government document.
[07:29.520 --> 07:41.480]  I'm claiming that he secreted the complaints that I filed from the grand jury, from the
[07:41.480 --> 07:44.880]  entity or agency that it was directed to.
[07:44.880 --> 07:48.680]  So he tampered with the government document and in the process obstructed justice for
[07:48.680 --> 07:53.880]  the purpose of shielding the district attorney in Dallas County from prosecution.
[07:53.880 --> 07:59.080]  So try that one on, Bubba, you don't want to do your job, we'll see how that works for
[07:59.080 --> 08:00.080]  you.
[08:00.080 --> 08:07.040]  Now I know what happened with the foreman of the grand jury is he didn't know what to
[08:07.040 --> 08:12.440]  do, the prosecutor wouldn't talk to him because the prosecutor actually wanted the Dallas
[08:12.440 --> 08:15.440]  County district attorney indicted.
[08:15.440 --> 08:19.880]  So she went to the judge that had paneled the grand jury and the judge that had paneled
[08:19.880 --> 08:29.800]  the grand jury gave him legal advice and advised him that these are filed in the wrong county.
[08:29.800 --> 08:37.040]  So what I want the foreman to do is throw the judge under the bus for me because when
[08:37.040 --> 08:45.120]  the judge is giving legal advice he has no immunity from civil litigation.
[08:45.120 --> 08:53.760]  So that was the idea, I plan on here getting the foreman to throw the judge under the bus
[08:53.760 --> 09:02.600]  but more than that when I file against these police officers with the bailiff and give
[09:02.600 --> 09:07.400]  him twelve packages addressed one each to each member of the grand jury and the foreman
[09:07.400 --> 09:13.400]  gets his because it'll have foreman on it, his or hers, it'll actually have foreperson
[09:13.400 --> 09:15.680]  on it.
[09:15.680 --> 09:23.920]  The foreperson, when the foreperson opens it there will be included a cover letter that
[09:23.920 --> 09:31.600]  asks the foreperson to initial this document and send it back to me so that I will know
[09:31.600 --> 09:39.360]  that he received it because I've had problems with district attorneys secreting criminal
[09:39.360 --> 09:43.520]  complaints against public officials from the grand jury.
[09:43.520 --> 09:49.200]  Now article 2.03 Texas Code of Criminal Procedure says that when a prosecuting attorney is made
[09:49.200 --> 09:55.520]  known in any manner that a public official has violated a law relating to his office
[09:55.520 --> 10:01.680]  he shall reduce complaint and information submitted to the grand jury.
[10:01.680 --> 10:11.120]  So what part of shall is hard for you to understand?
[10:11.120 --> 10:23.560]  So it is my contention that when I first filed these complaints with the bailiff that the
[10:23.560 --> 10:26.160]  prosecuting attorney intercepted them.
[10:26.160 --> 10:33.680]  So to keep that from happening this time I'm writing this cover letter to the foreman of
[10:33.680 --> 10:40.520]  the grand jury noticing the foreman of the grand jury that when complaints against private
[10:40.520 --> 10:46.840]  public officials are filed by private citizen the prosecuting attorney secrets those complaints
[10:46.840 --> 10:51.760]  from the grand jury in violation of 2.03.
[10:51.760 --> 10:58.420]  And I want to make sure that he actually got these documents so if I don't receive this
[10:58.420 --> 11:06.440]  letter back within a reasonable time that will give me reasonable probable cause to
[11:06.440 --> 11:15.880]  believe that the bailiff didn't get them that the prosecuting attorney intercepted them.
[11:15.880 --> 11:25.320]  And I ask the bailiff to initial it not sign it because I have evidence from a recent grand
[11:25.320 --> 11:31.720]  jury foreman that certain counties in the state of Texas produce a rubber stamp with
[11:31.720 --> 11:38.160]  the foreman's name on it and I want to make sure that the district attorney is not simply
[11:38.160 --> 11:41.640]  rubber stamping your signature to this document.
[11:41.640 --> 11:50.040]  I don't think he will have a rubber stamp with your initials on it so I ask him to initial
[11:50.040 --> 11:51.040]  it and send it back.
[11:51.040 --> 12:01.360]  What I'm really doing is instructing the foreman as to some of the shenanigans that the prosecuting
[12:01.360 --> 12:06.760]  attorney's pulled in order to be able to control the docket.
[12:06.760 --> 12:12.640]  If I don't get that letter back then I come back and file against the district attorney
[12:12.640 --> 12:20.800]  and the bailiff because I'll maintain that the bailiff instead of giving the documents
[12:20.800 --> 12:26.680]  to the foreman of the grand jury then they actually gave them to the district attorney
[12:26.680 --> 12:32.880]  so that the district attorney could then give legal advice to the grand jury because that's
[12:32.880 --> 12:42.480]  what he had given to him for and that for me is perfect because if I can determine through
[12:42.480 --> 12:50.040]  all of this that the prosecuting attorney got these and even if he did talk to the grand
[12:50.040 --> 12:59.080]  jury and advised the grand jury not to act on these well in that capacity the prosecuting
[12:59.080 --> 13:03.520]  attorney is not prosecuting a case.
[13:03.520 --> 13:11.240]  In that capacity the prosecuting attorney is giving legal advice to the grand jury and
[13:11.240 --> 13:20.560]  when a prosecuting attorney gives legal advice he has no immunity from suit for baritory
[13:20.560 --> 13:27.480]  or malpractice baritory.
[13:27.480 --> 13:33.160]  Texas is the only state that has baritory laws at least that's what I understand I
[13:33.160 --> 13:40.680]  haven't checked every state but I came across a knowledgeable article by experienced counsel
[13:40.680 --> 13:48.820]  and he remarked that Texas was the only state with baritory laws and what the code says
[13:48.820 --> 13:55.360]  that if a lawyer advises a client I'm sorry I'm not sure if it's the code or the case
[13:55.360 --> 14:02.600]  law I know 38.133 that's the legal practice of law but I don't have the rest of it memorized
[14:02.600 --> 14:12.080]  but baritory goes to a lawyer fomenting litigation these lawyer chasers you see on TV saying
[14:12.080 --> 14:16.120]  oh this guy did something horrible to you you got a good suit here you can file suit
[14:16.120 --> 14:21.640]  here here's my card that's fomenting litigation because this person may have not had had any
[14:21.640 --> 14:29.160]  intention of filing suit so when they induce someone to take little little act legal action
[14:29.160 --> 14:37.440]  that is fomenting litigation and if a lawyer performs an act for the purpose of fomenting
[14:37.440 --> 14:46.720]  litigation that the lawyer will subsequently be employed to litigate that's baritory and
[14:46.720 --> 14:57.440]  that's a felony in the state of Texas so but in any case even if he gives good advice when
[14:57.440 --> 15:05.000]  the prosecuting attorney gives legal advice to the grand jury the prosecuting attorney
[15:05.000 --> 15:13.600]  is not acting in his prosecutorial function he's acting in his client lawyer relationship
[15:13.600 --> 15:21.840]  and since he is on the company payroll and you and I are the CEOs of that company he's
[15:21.840 --> 15:29.280]  working for us he's getting paid by us and we can sue him for malpractice so if I can
[15:29.280 --> 15:39.000]  get someone to tell me that the prosecutor or a judge advised them to take some action
[15:39.000 --> 15:46.360]  and that action does not comport directly with standing law I get to go after them personally
[15:46.360 --> 15:52.760]  and then when I sue them personally what's going to happen is is they're going to run
[15:52.760 --> 16:00.680]  to the city or to the county and get the county commissioners to hire them a lawyer to represent
[16:00.680 --> 16:06.240]  them and when they do I'm going to sue the county commissioners for misappropriation
[16:06.240 --> 16:11.800]  of public funds of suing the lawyer in his capacity as a lawyer not in his capacity as
[16:11.800 --> 16:19.480]  a prosecutor and as a lawyer he has no right to immunity neither does he have a right to
[16:19.480 --> 16:27.240]  have his legal fees subsidized by the city the county or whatever entity he works for
[16:27.240 --> 16:35.380]  if they do that then I consider that a bribe for the lawyer in order to induce the lawyer
[16:35.380 --> 16:43.880]  to abuse his position and force everyone to follow their procedures that are in violation
[16:43.880 --> 16:50.240]  of state law and foment litigation all kind of other cool stuff we're about to go to break
[16:50.240 --> 16:57.800]  this is Randy Kelton rule of law radio our call-in number 512-646-1984 we'll be right
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[19:28.120 --> 19:42.520]  okay we are back Randy Kelton we love radio on this Friday the 12th day of August 2016
[19:42.520 --> 19:53.160]  and we were talking about essentially the cascade of effects when a public official
[19:53.160 --> 20:00.480]  tries to pay play fast and loose with their authority I'm putting together a paralegal
[20:00.480 --> 20:11.240]  service and one of the primary services I want to offer is an audit service for lawsuits
[20:11.240 --> 20:21.040]  when these guys start doing it wrong the problems with doing it wrong add up very quickly the
[20:21.040 --> 20:28.280]  problem the lawyer the prosecutor has when he tries to slither up behind that thin blue
[20:28.280 --> 20:37.080]  line and protect his fellow public employees from prosecution well he starts stepping over
[20:37.080 --> 20:47.280]  these legal lines in order to get behind that thin blue line he has to step across his professional
[20:47.280 --> 20:57.920]  ethics and often he steps across the penal code to get there so we look at the penal
[20:57.920 --> 21:05.800]  code we look at his professional ethics and we see where he's walked across it and you've
[21:05.800 --> 21:14.040]  heard me do this before on the air or I analyze what these guys have done and it's it's amazing
[21:14.040 --> 21:22.560]  how many laws they have to violate in order to get what they're doing done I took a set
[21:22.560 --> 21:34.960]  of criminal complaints verified criminal affidavits verified before notary gave them to the bailiff
[21:34.960 --> 21:44.080]  for the purpose of having the bailiff give those documents to a governmental agency the
[21:44.080 --> 22:01.120]  grand jury when I did that those became government documents if I had a materially false statement
[22:01.120 --> 22:06.200]  in those documents because they were government documents I could be charged with aggravated
[22:06.200 --> 22:16.560]  perjury so they became government documents and when the prosecutor said why you need
[22:16.560 --> 22:22.120]  to bring those to me and let me look them over and make sure they're all accurate and
[22:22.120 --> 22:32.400]  correct and my question is well where'd he get that authority I don't see that
[22:32.400 --> 22:43.400]  anywhere in law now the premise is I can give these to the grand jury now the form is not
[22:43.400 --> 22:47.880]  going to let me get to the grand jury so since he's standing between me and the grand jury
[22:47.880 --> 22:54.040]  I use him as the conduit I actually give it to the grand jury through the foreman well
[22:54.040 --> 22:59.720]  when the foreman does what the prosecutor tells him to and gives the documents to the
[22:59.720 --> 23:12.400]  prosecutor instead of the grand jury I don't care what the prosecutor told him I as the
[23:12.400 --> 23:18.120]  master of the servant directed that servant to give those to the foreman of the grand
[23:18.120 --> 23:26.120]  jury and he tampered with the government document he secreted a government document from the
[23:26.120 --> 23:32.840]  person or entity they were directed to and that's a felony in the state of Texas and
[23:32.840 --> 23:43.440]  it is my contention that since those documents contained accusations against public officials
[23:43.440 --> 23:50.680]  it is my contention that the bailiff secreted those from the grand jury in order to obstruct
[23:50.680 --> 23:59.680]  justice in violation of 36.06 Texas Penal Code which also happens to be a felony toward
[23:59.680 --> 24:10.560]  the purpose of fueling the accused from prosecution in violation of 38.05 Penal Code when you
[24:10.560 --> 24:18.560]  start tripping across that thin blue line it gets real deep real fast and the prosecuting
[24:18.560 --> 24:25.520]  attorney on accepting these documents from the bailiff conspired with the bailiff in
[24:25.520 --> 24:34.880]  violation of 15.02 to commit a couple of felonies it just keeps getting better say you guys
[24:34.880 --> 24:40.720]  want to play fast and loose with your authority well let's see how that works out for you
[24:40.720 --> 24:48.620]  so now I have given a set to the grand jury and they disappeared the problem problem is
[24:48.620 --> 24:55.200]  is I don't know what happened to them so I can't make a direct accusation I don't know
[24:55.200 --> 25:01.800]  if the bailiff gave them to the grand jury now in the first instance when I filed against
[25:01.800 --> 25:06.720]  the Dallas County District Attorney I know that the bailiff gave the complaints to the
[25:06.720 --> 25:11.920]  grand jury because I got a letter back from the grand jury foreman referencing those
[25:11.920 --> 25:22.000]  complaints so in this case the bailiff is clean the prosecutor is clean so when I come
[25:22.000 --> 25:29.760]  back and file a second time I don't get a letter from the bailiff so either that means
[25:29.760 --> 25:35.560]  that the bailiff just didn't send me a letter letting me know the disposition of my complaints
[25:35.560 --> 25:43.160]  but the bailiff never saw this but since I didn't have the cover letter in the first
[25:43.160 --> 25:51.920]  one I don't have reasonable probable cause to believe much of anything because they just
[25:51.920 --> 26:02.080]  went to a black hole so I'm trying to fill in that black hole with a little light I write
[26:02.080 --> 26:07.680]  this letter and request that the bailiff that the foreman send this letter back to me my
[26:07.680 --> 26:14.760]  presumption is that since I included the stamp self-addressing envelope didn't cost the foreman
[26:14.760 --> 26:23.720]  anything to send it that the foreman would actually send that back to me so when I don't
[26:23.720 --> 26:30.440]  get it back then the presumption is is that the bailiff never that the foreman never saw
[26:30.440 --> 26:39.160]  it and the standard practice is for the process for prosecuting attorneys to bring all complaints
[26:39.160 --> 26:47.040]  to grand juries so my presumption is that the bailiff instead of giving it to the grand
[26:47.040 --> 26:52.120]  jury gave it to the prosecutor attorney the prosecuting attorney tossed it in the trash
[26:52.120 --> 27:01.680]  exercised prosecutorial discretion problem with prosecutorial discretion is article 2.03
[27:01.680 --> 27:08.960]  Texas Code of Criminal Procedure specifically forbids the prosecuting attorney from exercising
[27:08.960 --> 27:13.640]  discretion in the matter of complaints against public officials he's ordered by article
[27:13.640 --> 27:23.200]  2.03 to reduce complaints and information submitted to the grand jury well it is my
[27:23.200 --> 27:29.040]  it will be my presumption that the bailiff gave these complaints to the prosecuting attorney
[27:29.040 --> 27:38.640]  instead but I don't really know that so I am going to presume that the bailiff actually
[27:38.640 --> 27:43.560]  gave these to the foreman and I'm going to file criminal charges against the foreman
[27:43.560 --> 27:50.200]  like I did from the first case but I'll make the charge somewhat different on the first
[27:50.200 --> 27:56.160]  case I have evidence based on the letter that the foreman secreted these documents from
[27:56.160 --> 28:02.640]  the rest of the grand jury if I don't have the letter then I will presume that the bailiff
[28:02.640 --> 28:08.280]  since he obviously received them because I gave them to the I keep saying bailiff the
[28:08.280 --> 28:14.160]  foreman obviously received this because I gave them to the to the bailiff with directions
[28:14.160 --> 28:19.160]  to give them to him and the guy's just on the other side of the door so I assumed the
[28:19.160 --> 28:26.120]  bailiff did what he said now the foreman wants to tell me he didn't get him and claim that
[28:26.120 --> 28:31.120]  he is innocent of the allegation of tampering the government document because he never saw
[28:31.120 --> 28:37.920]  him that'll work for me because now I get to go for the bailiff and if the bailiff tells
[28:37.920 --> 28:44.640]  me that he sought legal advice from the prosecuting attorney the prosecuting attorney advised him
[28:44.640 --> 28:50.940]  to give those complaints to the prosecuting attorney instead well that'll work that's
[28:50.940 --> 28:58.000]  tacit admission that he tampered with the government document and he's also throws the
[28:58.000 --> 29:05.160]  prosecuting attorney under the malpractice bus because the prosecuting attorney is giving
[29:05.160 --> 29:11.560]  legal advice to the bailiff and when he does that he has no immunity because a prosecuting
[29:11.560 --> 29:17.040]  attorney is authorized to give legal advice to public to other public officials the legislature
[29:17.040 --> 29:22.840]  says since we already have these guys in public employ and they're learning counsel we might
[29:22.840 --> 29:29.040]  as well use them to give legal advice to public officials wonderful because when they give
[29:29.040 --> 29:37.760]  that legal advice they have zero immunity and ultimately they work for me and collect
[29:37.760 --> 29:46.920]  paycheck from my tax funds so I can sue them for malpractice that's my story and I'm sticking
[29:46.920 --> 29:53.560]  to it this is randy kelton the rule of law radio our call-in lines are open the call-in
[29:53.560 --> 30:03.120]  number is 512-646-1984 give us a call you'll be right pain in the neck it's ginger to the
[30:03.120 --> 30:07.680]  rescue the same herb that puts a zing in your tea and the snap in your ginger snaps can
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[30:44.440 --> 30:48.760]  a nagging ache that just won't go away you might want to head for the produce aisle ginger
[30:48.760 --> 30:54.080]  the herb used in gingerbread cookies and Indian curry can also put an end to pain medical
[30:54.080 --> 30:58.940]  studies show ginger relieves pain and inflammation like aspirin ibuprofen do but without the
[30:58.940 --> 31:03.960]  worrisome side effects big pharma remedies can trigger stomach upset gastrointestinal
[31:03.960 --> 31:09.360]  bleeding and ulcers ginger well it just tastes great researchers say one or two teaspoons
[31:09.360 --> 31:15.560]  of ginger daily raw or heated can provide natural relief for even the deep pain of osteoarthritis
[31:15.560 --> 31:19.960]  so put down the aspirin bottle and reach for the ginger it's natural it's delicious and
[31:19.960 --> 31:47.880]  it works wonders I'm Dr. Katherine Albrecht more news and information at KatherineAlbrecht.com
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[33:22.960 --> 33:52.000]  Okay we are back Randy Kelton rule of law radio and call boards really lit up but there
[33:52.000 --> 33:59.040]  is one more thing I want to address before we move to a callers and this is about suing
[33:59.040 --> 34:06.920]  lawyers been 30 years trying to sort out how to fix this system and it's beginning to
[34:06.920 --> 34:15.200]  look like the way to fix the system is suing lawyers and primarily suing your own lawyer
[34:15.200 --> 34:18.840]  and so that's one of the things that we're going to be moving toward but I was talking
[34:18.840 --> 34:30.880]  to Ken Magnuson today and he's my civil strategy go-to guy and he had been reading up on judicial
[34:30.880 --> 34:41.720]  conduct complaints and he came across a realization the primary thing that the judicial conduct
[34:41.720 --> 34:52.840]  commission addresses with judges are administrative procedures if the judge abuses his discretion
[34:52.840 --> 34:59.080]  and denies you all your rights they don't go there and anything that would go to the
[34:59.080 --> 35:07.600]  court of appeals the judicial conduct commissions won't touch it but what they will do is go
[35:07.600 --> 35:13.240]  after them for procedural errors because we were talking about the fact that this guy
[35:13.240 --> 35:21.960]  that he's helping a friend of ours received a notice to appear but it wasn't signed and
[35:21.960 --> 35:29.280]  the code requires that a signed order be filed under 28.01 and the judge didn't sign an order
[35:29.280 --> 35:34.200]  so the guy doesn't really know if he's been ordered to come to court or not because there
[35:34.200 --> 35:41.840]  is no signed order and that's the thing that the state commission on judicial conduct will
[35:41.840 --> 35:45.880]  tend to go after judges for and when we file judicial conduct complaints it's good that
[35:45.880 --> 35:53.480]  we understand what will get them hammered and what won't so we want to try to craft
[35:53.480 --> 35:58.680]  our complaints in a way that will actually get them hammered.
[35:58.680 --> 36:04.400]  Okay the call boards are busy so I'm going to go on to the they're loaded up so I'm going
[36:04.400 --> 36:09.360]  to go on to the calls hello Mr. Scott.
[36:09.360 --> 36:11.920]  Hello Mr. Kelton how are you?
[36:11.920 --> 36:15.520]  I am good what have you been up to?
[36:15.520 --> 36:25.080]  Oh lord it's been busy well speaking about on the administrative side that is basically
[36:25.080 --> 36:32.920]  where I am migrating to on everything and I have some really interesting tells.
[36:32.920 --> 36:39.800]  What I've done is filed counterclaims and all the cases that I've got going on and I
[36:39.800 --> 36:42.800]  got another but let me just start with this one up here so.
[36:42.800 --> 36:49.960]  Okay hold on just a second just to avoid confusion these are traffic citations essentially criminal
[36:49.960 --> 36:57.440]  complaints and so that people don't misconstrue you can't file a counterclaim in a criminal
[36:57.440 --> 37:03.640]  case so explain how you filed the counterclaim.
[37:03.640 --> 37:12.920]  Okay well we filed the counterclaim as administrative procedures and so when basically everything
[37:12.920 --> 37:18.180]  started from the very beginning absent the fourth amendment warrant the officer was non-compliant
[37:18.180 --> 37:24.160]  with their own policies and procedures instead of established laws so when I gave that to
[37:24.160 --> 37:29.800]  the late Dallas court this is the last time I was in there the judge looked at it and
[37:29.800 --> 37:37.800]  her jaw hit the desk practically and then she actually admitted she had 30 days to answer
[37:37.800 --> 37:44.360]  the claim I said okay and she goes before that she was like well why are you even here
[37:44.360 --> 37:49.760]  I said because you okay hold on Scott let me let me explain so everybody understands
[37:49.760 --> 37:54.680]  we in the patriot community there is some confusion confusion about being able to file
[37:54.680 --> 37:57.520]  a counterclaim in a criminal case.
[37:57.520 --> 38:05.580]  What Scott has filed is an affirmative defense you're citing a procedural due process violation
[38:05.580 --> 38:10.960]  as an affirmative defense it's not exactly a claim against the other side where I was
[38:10.960 --> 38:17.520]  going when I asked that question was to the tort letters that you've been sending and
[38:17.520 --> 38:25.520]  I'll leave it be because I think you'll get to those in time right well so we did this
[38:25.520 --> 38:32.000]  I have a friend of mine Jody he's down in Houston and he he came up and he was a witness
[38:32.000 --> 38:37.800]  to it and so I went down well he came over to Rockwall and Rockwall man they were just
[38:37.800 --> 38:44.040]  totally because I filed a res judicata in Rockwall because the case for an invalid license
[38:44.040 --> 38:50.560]  had been held and heard in February and dismissed but they wouldn't even let that go they they
[38:50.560 --> 38:55.140]  were just going to keep processing over and over and then when I was hammering about the
[38:55.140 --> 39:05.520]  res judicata then I submitted the criminal allegations against the judge which he refused
[39:05.520 --> 39:13.480]  to take and I said well I just happen to have submitted these to the chief of police which
[39:13.480 --> 39:21.080]  he referred to the DA and I said the DA which is standing right there I said he refused
[39:21.080 --> 39:27.880]  to accept a criminal complaint on an officer they initially gave me the ticket to start
[39:27.880 --> 39:34.360]  with and so once I incriminated the DA in front of the judge then he starts hollering
[39:34.360 --> 39:39.120]  at my buddy oh he's filming he's recording and got him up there and was trying to steal
[39:39.120 --> 39:44.240]  his phone and hold him in contempt which he didn't have nothing on his phone so they just
[39:44.240 --> 39:50.040]  kind of look retarded well anyhow we got out there with you know out nobody going to jail
[39:50.040 --> 39:57.140]  or anything well the following day we had to go down to Houston and he started all over
[39:57.140 --> 40:03.040]  again well when the judge opened it up down there and saw the counterclaim he helped he
[40:03.040 --> 40:08.520]  halted all the criminal proceedings and said nothing is going to proceed until after the
[40:08.520 --> 40:15.560]  civil case is heard that's exactly what he said so everything on his deal was totally
[40:15.560 --> 40:23.800]  postponed so basically though we're going to wait a minute Scott this is you filed a
[40:23.800 --> 40:30.360]  counterclaim in the civil action I mean in the criminal action and the judge treated
[40:30.360 --> 40:39.040]  it as a civil action against the state he said all the criminal charges would be stopped
[40:39.040 --> 40:47.920]  until the civil case has been heard and disposed of that's the judge has said that down in
[40:47.920 --> 40:54.920]  Houston north of Houston they were out in the country so is this a this is a municipal
[40:54.920 --> 41:06.040]  court judge or JP county oh county judge so he's learning counsel he should he absolutely
[41:06.040 --> 41:15.640]  knows better well it sounded to me like he actually knew proper procedure and that the
[41:15.640 --> 41:20.920]  criminal case could not proceed until the civil litigation because like I say everything
[41:20.920 --> 41:27.400]  we're basing everything is on absent of fourth amendment warrants they don't even have their
[41:27.400 --> 41:33.680]  non-compliant with their policies procedures and well-established laws so they shouldn't
[41:33.680 --> 41:40.320]  even be pulling you over to start with so violating that that county judge put everything
[41:40.320 --> 41:48.160]  on hold until after the civil case has been heard now that is interesting what it looks
[41:48.160 --> 41:55.840]  like the the judge is trying to do is stop you from proceeding on the criminal complaints
[41:55.840 --> 42:00.920]  and treating your counterclaim as if it is a civil action and he knows full well it's
[42:00.920 --> 42:20.160]  no such thing but he's trying hello hello
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[46:00.360 --> 46:30.320]  okay we are back Randy Kelton rule of our radio we seem to have had a bit of technical
[46:30.320 --> 46:35.080]  difficulty there and I dropped off a little early okay Scott and I don't mean to keep
[46:35.080 --> 46:41.080]  interrupting you I'm just trying to make sure that I understand what exactly is going on
[46:41.080 --> 46:49.040]  here so you filed a counterclaim against the court and the court actually treated it as
[46:49.040 --> 46:57.120]  a civil claim but I take it you haven't actually filed a civil suit against anyone is that
[46:57.120 --> 47:04.520]  correct that's correct so what we're doing is once we file the counterclaim then we let
[47:04.520 --> 47:12.520]  that mature for 30 days and if they didn't answer then the charges the accusation that
[47:12.520 --> 47:17.760]  we made since they didn't rebut them they must stand so then we can go ahead and send
[47:17.760 --> 47:26.920]  our notice to sue and then kind of gave us some a little bit of in that same outline
[47:26.920 --> 47:33.760]  then let that go to we're sending that to the mayor and the county judge which I just
[47:33.760 --> 47:39.440]  sent one off to Rockwall they got it today so in 30 days they won't answer it because
[47:39.440 --> 47:46.920]  they can't because they didn't have a warrant to start with so then after that cures after
[47:46.920 --> 47:54.640]  30 days then go ahead and they're ready to be taken to federal court to file the lawsuit
[47:54.640 --> 48:05.720]  on them for administrative procedural violation okay that is brilliant you filed the claims
[48:05.720 --> 48:13.000]  in the state court in the criminal proceeding but they didn't rebut them in the criminal
[48:13.000 --> 48:20.560]  proceeding so creates the presumption that they all everything you said was true and
[48:20.560 --> 48:26.720]  now you're using that as res judicata and grounds for going back and filing a civil
[48:26.720 --> 48:35.560]  action that's great wish I'd have thought of that well I tell you what everybody that's
[48:35.560 --> 48:43.320]  listening I've met Randy personally he is cool as Luke's ice water the cool-hand Luke
[48:43.320 --> 48:48.320]  Randy is an awesome person he's taught me most of all this stuff I've been learning
[48:48.320 --> 48:56.200]  a little bit from another fella and you know him well yay and so I've been combining both
[48:56.200 --> 49:01.960]  of them and so what we're doing now is we're combining both now we're taking the criminal
[49:01.960 --> 49:07.080]  accusations which you're a master at and now we're going to start slamming them upside
[49:07.080 --> 49:12.320]  the head with the criminal accusations because my friend that was with me is a third-party
[49:12.320 --> 49:17.760]  witness and so he's going to fall and everybody that's what we need more court watchers to
[49:17.760 --> 49:22.040]  help protect other people I know it's hard for people to get somebody to go to court
[49:22.040 --> 49:26.240]  with you but if you can they're a third-party witness and when they start railroading into
[49:26.240 --> 49:31.600]  court then that third-party witness can start following criminal after David and Randy has
[49:31.600 --> 49:36.400]  taught me a whole lot about all that stuff and taught me how to write these things and
[49:36.400 --> 49:45.000]  all this stuff I mean you've been really you're one of my all-time heroes so everybody listening
[49:45.000 --> 49:48.560]  just keep listening because it's only going to get better from here because we are going
[49:48.560 --> 49:53.560]  to start taking it to these people and it's what we got to do to keep these people in
[49:53.560 --> 50:00.640]  line they just won't let us have any remedy in law so we're going to force them perfect
[50:00.640 --> 50:12.040]  and and I'll send you the check for that plug okay well this you're the reason I do the
[50:12.040 --> 50:19.320]  show yeah I can go out there and kick these guys around but one guy's not going to make
[50:19.320 --> 50:24.080]  much difference that may annoy a few public officials but in the end I'm not going to
[50:24.080 --> 50:30.240]  make a lot of difference but if we get one or two guys in the Dallas area one or two
[50:30.240 --> 50:42.240]  guys in Austin San Antonio Houston to start hammering these judges then it goes to my
[50:42.240 --> 50:51.120]  intended ultimate outcome it is my clearly defined purpose to place every judge in the
[50:51.120 --> 50:57.680]  country in a position such that when they step up behind the bench and look out across
[50:57.680 --> 51:04.720]  the bar at the gallery and want them wondering which one which one of those scoundrels out
[51:04.720 --> 51:09.840]  there are waiting for me to render a ruling so they can run down and try to get me arrested
[51:09.840 --> 51:22.000]  when we have our judges making those considerations everything is going to change so I appreciate
[51:22.000 --> 51:29.120]  you being there this is why I do the show well I am I'm honored to be there I'm honored
[51:29.120 --> 51:35.040]  to be your friend and I'm just I'm glad I get to share it on the show with you that
[51:35.040 --> 51:42.760]  this is all groundbreaking just happening so everybody needs to jump on board and start
[51:42.760 --> 51:46.720]  figuring this stuff out because that's the only way we're going to take our country back
[51:46.720 --> 51:53.080]  and they can't even arrest somebody like Hillary Clinton it's because of people standing
[51:53.080 --> 51:57.560]  down and shielding prosecution and all that good stuff yadda yadda well that's that's
[51:57.560 --> 52:11.360]  how we're done with that okay so what else do you have coming at you well other than
[52:11.360 --> 52:20.960]  just about the kitchen sink and I'm just dodging landmines next time I go it'll be to Rockwall
[52:20.960 --> 52:27.640]  is for some they're going to reset it they already told me they were going to reset it
[52:27.640 --> 52:32.920]  but by the time I got to go back to Rockwall which is in late September they'll be defaulted
[52:32.920 --> 52:41.080]  on everything and so then I'm going to turn in basically forgot what motion I'm going
[52:41.080 --> 52:48.680]  to submit next but it's going to be basically to dismiss for default judgment or something
[52:48.680 --> 52:53.800]  to that effect I'll just have to give square on exactly how it's got to be worded but
[52:53.800 --> 52:59.000]  it says they're already in default and that's the thing all these have calmed out just about
[52:59.000 --> 53:06.000]  right so because I sent that claim in and nobody's rebutted the claim so the claim must
[53:06.000 --> 53:12.400]  stand so now over this weekend my goal is over the weekend is start drafting the rest
[53:12.400 --> 53:21.600]  of the suits or notice to sue and send it out to Dallas County Benton County Rains County
[53:21.600 --> 53:27.440]  I've already got Rockwall and that's going to keep me a little bit busy then I got 30
[53:27.440 --> 53:33.120]  days let all those cure out and then it start following lawsuits on everybody and then eventually
[53:33.120 --> 53:39.560]  it's going to go to Rico that's exactly what I was thinking when you were saying that I
[53:39.560 --> 53:49.640]  was going to suggest that you start using this verbiage the department participated
[53:49.640 --> 53:58.160]  in predicate acts toward an ongoing criminal conspiracy and the lawyer who reads that will
[53:58.160 --> 54:07.240]  read that as you're pointing to you're setting them up for Rico predicate acts is peculiar
[54:07.240 --> 54:15.600]  term that they only use in Rico suits so it's a little term you can slip slip in there and
[54:15.600 --> 54:21.960]  it lets them know where this is taken over they are not going to like being led into
[54:21.960 --> 54:33.240]  a Rico suit so this is perfect and you're setting them up and they by this time they
[54:33.240 --> 54:40.760]  probably know that you're setting them up and frankly that's what makes what you're
[54:40.760 --> 54:51.460]  doing the most powerful is when I pull that here in a gambit on Judge Hayes that was one
[54:51.460 --> 54:57.720]  of the most powerful things I've done in the county because it was clear this guy was not
[54:57.720 --> 55:04.520]  impressed with me I'm impressed with myself because I'm a big bad JP but he was not impressed
[55:04.520 --> 55:12.680]  he come in and he set me up he jumped me right my own court that's what we want them thinking
[55:12.680 --> 55:22.000]  that you were doing when you walk in there you are setting them up when they look at
[55:22.000 --> 55:27.640]  litigants especially pro se litigants coming in there setting them up so they can sting
[55:27.640 --> 55:36.000]  them this will get to my ultimate outcome so I'm really pleased at this Scott okay
[55:36.000 --> 55:42.100]  we have a whole board full of callers do you have any more for us Scott no I'll let everybody
[55:42.100 --> 55:48.680]  else get in because I don't know everybody wants to turn but everybody needs to pay attention
[55:48.680 --> 55:53.480]  to this because this is gonna be something and we all need to get on board thanks a lot
[55:53.480 --> 55:58.560]  for all your help and I will probably maybe talk to you tomorrow if we've got a chance
[55:58.560 --> 56:05.360]  so have a good night y'all take care okay thank you Scott now we're gonna go to Larry
[56:05.360 --> 56:12.440]  in Arizona hello Larry oh wait a minute Larry I made a mistake I'm not supposed to go to
[56:12.440 --> 56:18.560]  you we have a first-time caller from Illinois and we generally bump the first-time caller
[56:18.560 --> 56:28.720]  to the top so hang on Larry we're gonna go to Denise in Illinois hello Denise hi how
[56:28.720 --> 56:39.240]  are you I am good what do you have for us today I was I'm in a foreclosure I had an
[56:39.240 --> 56:45.840]  attorney to make sure that everything worked out fine and to be half of my twin brother
[56:45.840 --> 56:52.560]  he took a hundred and twenty thousand and he did absolutely nothing in the midst of
[56:52.560 --> 57:00.680]  having my money he paid for his clients to be banned out of jail and the house still
[57:00.680 --> 57:09.040]  went into foreclosure and in this foreclosure I have documentation where they say that my
[57:09.040 --> 57:15.240]  brother was in a closing and he was in dialysis understand he had had a brain stroke on both
[57:15.240 --> 57:22.520]  sides of his brain he had a retina disease which blinds him totally in both eyes he had
[57:22.520 --> 57:30.600]  heart failure and seizures and the attorney has a document to prove the point of the fraudulent
[57:30.600 --> 57:40.280]  mortgage and the identity theft but he didn't okay here's the deal when you go to a lawyer
[57:40.280 --> 57:48.280]  to file a suit the first thing the lawyers gonna do is look around and say who's got
[57:48.280 --> 57:54.640]  deep pockets because he wants to bring someone in with deep pockets that he can get his hands
[57:54.640 --> 58:03.840]  in so now you're looking at a lawyer that you entered into a contract with and you paid
[58:03.840 --> 58:08.120]  the lawyer and then the lawyer didn't perform his duty well the lawyers got some pretty
[58:08.120 --> 58:16.480]  deep pockets he's got an errors in admissions policy you can go for his deep pockets we're
[58:16.480 --> 58:23.000]  about to go to break hang on Randy Kelton rule of law radio a call in numbers five one
[58:23.000 --> 58:28.200]  two six four six nineteen eighty four we'll pick this up when we come back on the other
[58:28.200 --> 58:34.920]  side and right now going after the lawyers really seems like one of the most powerful
[58:34.920 --> 58:42.160]  things we can do so Denise I think you're gonna like this we'll be right back all right
[58:42.160 --> 58:55.680]  would you like to make more definite progress in your walk with God Bibles for America is
[58:55.680 --> 59:01.260]  offering a free study Bible and a set of free Christian books that can really help the New
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[01:00:03.560 --> 01:00:09.280]  is brought to you by the Lone Star Lowdown providing your daily bulletins for the commodities
[01:00:09.280 --> 01:00:23.360]  market today in history news updates and the inside scoop into the tides of the alternative
[01:00:23.360 --> 01:00:26.980]  markets for Wednesday the 10th of August 2016 are currently trading with gold at one thousand
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[01:00:46.520 --> 01:00:52.240]  War one Ottoman Sultan Mehmed the six representatives signed the treaty of rest which divided up
[01:00:52.240 --> 01:00:56.520]  the Ottoman Empire between the allies who then basically mapped out the Middle East
[01:00:56.520 --> 01:01:05.200]  as it is today the surrender and division of the Ottoman Empire today in history in
[01:01:05.200 --> 01:01:09.240]  recent news the Florida Department of Law Enforcement opened up an investigation after
[01:01:09.240 --> 01:01:13.680]  Tuesday's tragic shooting of Mary Knowlton 73 year old who was taking part in a shoot
[01:01:13.680 --> 01:01:17.760]  don't shoot exercise with the Punta Gorda Police Department in Florida when she was
[01:01:17.760 --> 01:01:22.060]  accidentally struck by a live round the police officer who accidentally shot Mary was identified
[01:01:22.060 --> 01:01:27.460]  as Lee Cole who has been with the department since March 17th 2014 has been placed on administrative
[01:01:27.460 --> 01:01:31.760]  leave while the investigation is underway police chief Tom Lewis stated that nobody
[01:01:31.760 --> 01:01:35.560]  in their wildest dreams thought there was live ammunition in there we were unaware that
[01:01:35.560 --> 01:01:39.800]  any live ammunition existed for this kind of weapon we thought only blanks were available
[01:01:39.800 --> 01:01:44.040]  the fatal bullet was fired from a revolver that the officer had used before in earlier
[01:01:44.040 --> 01:01:49.120]  exercises chief Lewis did assure that the department has protocols in place in order
[01:01:49.120 --> 01:01:53.520]  to prevent accidental shootings but he declined to go into the details citing the ongoing
[01:01:53.520 --> 01:01:59.600]  probe
[01:01:59.600 --> 01:02:03.680]  WikiLeaks is offering a $20,000 reward for information on the Democratic National Committee
[01:02:03.680 --> 01:02:08.800]  staff members Seth Richard a 27 year old data analyst for the DNC who was shot and killed
[01:02:08.800 --> 01:02:13.180]  early on Sunday morning last month and what police are saying was a robbery gone wrong
[01:02:13.180 --> 01:02:17.860]  Julian Assange in an interview with a Dutch news program implied Seth Rich was the source
[01:02:17.860 --> 01:02:22.700]  of the DNC emails which showed an apparent bias in favor of Hillary Clinton over Bernie
[01:02:22.700 --> 01:02:27.240]  Sanders in the Democratic primary when asked about the reward WikiLeaks said in a statement
[01:02:27.240 --> 01:02:31.800]  quote we treat threats towards any suspected source of WikiLeaks with extreme gravity it
[01:02:31.800 --> 01:02:35.680]  should not be taken to imply that Seth Rich was a source to WikiLeaks or to imply that
[01:02:35.680 --> 01:02:41.440]  his murder is connected to our publications
[01:02:41.440 --> 01:02:44.720]  the Lone Star Lowdown is currently looking for sponsors see if a product or a service
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[01:02:51.160 --> 01:03:19.280]  Rick Roadie with your lowdown for August 10th 2016
[01:03:19.280 --> 01:03:44.760]  okay we are back Randy Kelton Root of Law Radio and we're talking to Denise in Illinois
[01:03:44.760 --> 01:03:53.760]  if I read that area code right that must be Chicago it is I grew up on the near north
[01:03:53.760 --> 01:04:09.280]  side okay okay your lawyer is a resource is the have you fired the lawyer they told me
[01:04:09.280 --> 01:04:15.800]  that he would have to withdraw he has never taken no no no no did he file a motion to
[01:04:15.800 --> 01:04:26.760]  withdraw no he didn't oh goodie goodie goodie oh this is so much fun you're gonna love this
[01:04:26.760 --> 01:04:35.260]  we just had someone in a bankruptcy case here in Texas and they had they brought me in to
[01:04:35.260 --> 01:04:41.120]  audit the case and I looked over the case and I say here are the issues that need to
[01:04:41.120 --> 01:04:47.920]  be addressed first thing you do in the bankruptcy is claim the property is unsecured the lawyer
[01:04:47.920 --> 01:04:55.480]  stipulated that the property that the mortgage against the property was secured and so why
[01:04:55.480 --> 01:05:01.080]  would you do a stupid thing like that you don't have to stipulate to anything well the
[01:05:01.080 --> 01:05:07.880]  lawyer refused to file it unsecured so she filed a bar grievance against him you know
[01:05:07.880 --> 01:05:13.240]  he was hopping mad because she just doubled his malpractice insurance and it starts at
[01:05:13.240 --> 01:05:22.080]  twenty five grand a year so he had a fit and he went to the court and petitioned the court
[01:05:22.080 --> 01:05:29.000]  to withdraw and we told her to go to the court and tell the judge that you don't want him
[01:05:29.000 --> 01:05:35.000]  to withdraw and she did that and the judge was astounded he couldn't imagine that someone
[01:05:35.000 --> 01:05:41.960]  actually objected said miss Ortiz you filed a bar grievance against your lawyer why would
[01:05:41.960 --> 01:05:51.640]  you not want him to withdraw and she said he's under contract I paid him he has a job
[01:05:51.640 --> 01:05:59.880]  to do and I want him to do it and the judge turned to the lawyer and said counselor I'm
[01:05:59.880 --> 01:06:05.880]  afraid you're going to have to work this problem out with your client the reason the judge
[01:06:05.880 --> 01:06:16.140]  did that is because under the federal constitution the government is forbidden to interfere with
[01:06:16.140 --> 01:06:21.800]  private contracts if the judge interfered with your private contract you can sue the
[01:06:21.800 --> 01:06:32.680]  judge so you bar grieve the lawyer you send the lawyer a tort letter and he's going to
[01:06:32.680 --> 01:06:42.320]  try to withdraw then you object to his withdrawal have you requested from the lawyer a complete
[01:06:42.320 --> 01:06:49.800]  billing for all of his time yes and I wish you could see the sheet of paper that he sent
[01:06:49.800 --> 01:06:56.880]  me with my last name on it nothing professional this was no professional letter he said that
[01:06:56.880 --> 01:07:04.640]  he had a trust fund for me I knew nothing about the trust fund and the people the things
[01:07:04.640 --> 01:07:13.160]  that he has on this pipe document I don't even know them okay go to are you sitting
[01:07:13.160 --> 01:07:25.680]  in front of your computer yes I am go to bar grievance dot website okay and once you're
[01:07:25.680 --> 01:07:35.120]  on there there is a link to a questionnaire you click that questionnaire and it will bring
[01:07:35.120 --> 01:07:42.760]  up a flash object that is a map I'm sorry it'll bring up an HTML forget all that technical
[01:07:42.760 --> 01:07:50.520]  stuff it'll bring up a questionnaire an interactive questionnaire and you start answering those
[01:07:50.520 --> 01:07:58.440]  questions as they relate to your case and this will take you through the American Bar
[01:07:58.440 --> 01:08:05.840]  Association model standards every state but three has adopted the American Bar Association
[01:08:05.840 --> 01:08:16.320]  model standards look through that thing you will be surprised at the things you can bar
[01:08:16.320 --> 01:08:25.240]  grieve your attorney for now when you bar grieve your attorney or any attorney the state
[01:08:25.240 --> 01:08:30.680]  bar is going to get your grievance and they're going to throw it in the trash and they're
[01:08:30.680 --> 01:08:34.160]  going to send you this letter back that says we examined into your accusation and find
[01:08:34.160 --> 01:08:42.080]  it does not rise to the level of misconduct and that's a good thing the reason it's a
[01:08:42.080 --> 01:08:49.800]  good thing is that their law that their errors and emissions insurance carrier knows they're
[01:08:49.800 --> 01:08:57.760]  going to do that so how does their insurance carrier gauge their level of risk by valid
[01:08:57.760 --> 01:09:05.520]  bar grievances they throw them all in the trash by the numbers one bar grievance your
[01:09:05.520 --> 01:09:12.640]  first year in practice they cancel immediately two bar grievances any one-year council practice
[01:09:12.640 --> 01:09:18.300]  if you've been practicing for 20 years they'll cancel three they'll cancel your law firms
[01:09:18.300 --> 01:09:24.440]  malpractice insurance I had a lawyer tell me that is patently unfair and I'm standing
[01:09:24.440 --> 01:09:31.000]  there grinning from ear to ear I said yeah it is and he looked at me and said oh I shouldn't
[01:09:31.000 --> 01:09:38.160]  have told you that that's right you shouldn't have and that has borne itself out over and
[01:09:38.160 --> 01:09:43.520]  over again so the first thing you do is you bar grieve the lawyers going to double his
[01:09:43.520 --> 01:09:50.320]  malpractice insurance and it generally starts at about 25 grand a year he don't but he
[01:09:50.320 --> 01:10:02.760]  insurance pardon me he don't have any insurance oh that's wonderful now he's subject to you
[01:10:02.760 --> 01:10:10.940]  suing him and if you get a sue him and get a judgment against him that he doesn't pay
[01:10:10.940 --> 01:10:20.800]  the state bar will snatch his bar card in a heartbeat the last thing they want you to
[01:10:20.800 --> 01:10:31.000]  know is how vulnerable they are with what I know about being a lawyer I cannot imagine
[01:10:31.000 --> 01:10:38.280]  any reason that I would ever be a lawyer lawyers go to law school and most of them go to law
[01:10:38.280 --> 01:10:45.960]  school because they want to help people they want to be Perry Mason when they get out of
[01:10:45.960 --> 01:10:54.080]  law school get out into the real world what they find out is that instead of being able
[01:10:54.080 --> 01:11:01.640]  to get out there and aggressively adjudicate your case what they're really going to do
[01:11:01.640 --> 01:11:10.200]  is spend the rest of their professional career kissing some arrogant judges behind to keep
[01:11:10.200 --> 01:11:16.080]  him from snatching their bar card because the judge can pull a lawyer's bar card on
[01:11:16.080 --> 01:11:25.960]  a whim they can sanction them anything they want to the lawyers are terrified of judges
[01:11:25.960 --> 01:11:30.520]  they're afraid that the judge can put them out of business tomorrow they're not going
[01:11:30.520 --> 01:11:35.760]  to do anything to annoy that judge there's only one thing they're more afraid of than
[01:11:35.760 --> 01:11:43.800]  judges and that's their own clients because their own clients can hurt them more than
[01:11:43.800 --> 01:11:49.680]  the judge can so they're going to do everything they can to hide that from you I suggest if
[01:11:49.680 --> 01:11:56.600]  you have a lawyer that's taking this much money from you then you need to go after your
[01:11:56.600 --> 01:12:04.160]  own lawyer and do not let him withdraw you paid him you know if you and I enter into
[01:12:04.160 --> 01:12:11.760]  a contract I hire you to do something and you start doing it and then you decide well
[01:12:11.760 --> 01:12:18.160]  I don't want to do this anymore and you want to walk away whoa hold on here no no we don't
[01:12:18.160 --> 01:12:25.920]  play that crap Ola you entered into a contract you have to finish the contract or I sue
[01:12:25.920 --> 01:12:35.240]  you until the judge the same I mean the lawyer the same thing you finished my contract you
[01:12:35.240 --> 01:12:44.160]  don't then I sue you for malpractice and he'll say well you can't win well maybe I can't
[01:12:44.160 --> 01:12:52.240]  but you will certainly lose no matter what if he does it if he has insurance he'll lose
[01:12:52.240 --> 01:12:59.840]  it if he doesn't have insurance they'll take his bar card and you know in in Texas I think
[01:12:59.840 --> 01:13:08.400]  in Illinois they have to have insurance most states require it in Illinois they don't it
[01:13:08.400 --> 01:13:16.840]  won't help him because you take his bar card instead and then you you put liens against
[01:13:16.840 --> 01:13:27.400]  him that'll be there for the rest of his life so okay we need this is a way you what's going
[01:13:27.400 --> 01:13:34.680]  to happen is when you go to court it's kind of like sitting down at a four-sided chess
[01:13:34.680 --> 01:13:43.320]  board everything in a four-sided chess is about relationships a couple of you got to
[01:13:43.320 --> 01:13:49.480]  get together and gang up on one of the others and then when you get one of them out then
[01:13:49.480 --> 01:13:54.440]  the lion alliances shift around again and they get rid of a second one and then there's
[01:13:54.440 --> 01:14:01.800]  two left so when you go to court it's kind of like that you have a relationship let's
[01:14:01.800 --> 01:14:08.040]  say you sit down at the table your counsel is to your right opposing counsel is to your
[01:14:08.040 --> 01:14:16.040]  left the judges across from you you have a relationship with your lawyer but your lawyer
[01:14:16.040 --> 01:14:23.040]  has a relationship with you and he has a relationship with opposing counsel and he has a relationship
[01:14:23.040 --> 01:14:30.920]  with the judge the other lawyer has a relationship with your lawyer and the judge you're the
[01:14:30.920 --> 01:14:39.080]  odd one out now what you need to be able to do is take those relationships and turn them
[01:14:39.080 --> 01:14:47.320]  to your advantage and the way you do that is you give the lawyer plausible deniability
[01:14:47.320 --> 01:14:55.200]  and this is how plausible deniability is expressed oh judge you got to do something I got this
[01:14:55.200 --> 01:15:04.520]  no good rotten client she's going to kick my behind you got to help me out here by stinging
[01:15:04.520 --> 01:15:10.120]  your lawyer good you send the lawyer to the judge and opposing counsel and say guys you
[01:15:10.120 --> 01:15:17.040]  owe me one you got to help me out here this client is going to ruin my career you got
[01:15:17.040 --> 01:15:22.440]  to give me something I'll pay you back on my next client I'll screw my next three clients
[01:15:22.440 --> 01:15:32.080]  just for you it's all about it is all about politics you will never win your case simply
[01:15:32.080 --> 01:15:37.560]  because you have the law and the facts on your side to think so is naive and that's
[01:15:37.560 --> 01:15:43.080]  not necessarily a problem you'll only win your case if you have the politics on your
[01:15:43.080 --> 01:15:50.000]  side and the thing you need to understand when you walk into the courtroom you are the
[01:15:50.000 --> 01:15:57.320]  baddest motor scooter in the building the reason you're the baddest motor scooter in
[01:15:57.320 --> 01:16:04.280]  the building is because you're not a judge or a prosecutor or a lawyer or a bailiff or
[01:16:04.280 --> 01:16:13.200]  a clerk they're all public officials and quasi public officials they're all public servants
[01:16:13.200 --> 01:16:24.320]  you you are the master they all answer to you courts hate pro se litigants they don't
[01:16:24.320 --> 01:16:28.840]  hate pro se litigants because they write stupid pleadings they hate pro se litigants because
[01:16:28.840 --> 01:16:35.200]  every once in a while they're coming across somebody like Oliver in Tennessee they come
[01:16:35.200 --> 01:16:41.640]  across the pro se from hell who knows how to beat him up big time and that's what we
[01:16:41.640 --> 01:16:46.240]  can show you on this program when we come back I want to talk more specifically about
[01:16:46.240 --> 01:16:52.520]  your foreclosure this is Randy Kelton rule of law radio I call it number five one two
[01:16:52.520 --> 01:17:02.800]  six four six nineteen eighty four we'll be right back at capital coin and bullion our
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[01:19:22.880 --> 01:19:46.120]  okay we are back Randy Kelton rule of law radio and Denise I was kind of going through
[01:19:46.120 --> 01:19:52.920]  to put a little preliminaries there so you would since you're a first-time caller you'd
[01:19:52.920 --> 01:20:02.440]  kind of understand the world that we live in we are not in defensive mode here if you want to
[01:20:02.440 --> 01:20:10.480]  come after us and start a fight with us we will give you one foreclosure oh we can work over
[01:20:10.480 --> 01:20:22.120]  foreclosures so tell me about your foreclosure okay my well I said I was paying the payment
[01:20:22.120 --> 01:20:27.920]  because my brother was sick he didn't have a job and he's my twin and we've been living together
[01:20:27.920 --> 01:20:34.240]  for 33 years I mean all our life but we've been in the house for 33 years so I was paying the
[01:20:34.240 --> 01:20:40.840]  mortgage and they stopped and sent me the payment back and told me that I had the wrong last four
[01:20:40.840 --> 01:20:46.600]  digits of the Social Security number so I couldn't figure out and they wouldn't accept it so I
[01:20:46.600 --> 01:20:54.100]  couldn't figure out what was wrong they had in turn took my mother's last four digits of her
[01:20:54.100 --> 01:21:00.480]  Social Security number and put it back on the mortgage my mother had been deceased for 22 years
[01:21:00.480 --> 01:21:14.880]  oh okay okay let me understand this they did they put you in foreclosure because of that
[01:21:14.880 --> 01:21:26.160]  yes and you you you hired a lawyer I would really like to see the pleadings that this
[01:21:26.160 --> 01:21:36.400]  lawyer prepared you might not find any it's not but anyway then and wait a minute how long what's
[01:21:36.400 --> 01:21:45.520]  the time span here how long have they foreclosed are they're in the process yes foreclosed but
[01:21:45.520 --> 01:21:55.080]  I'm have they are you still in the property yeah I do they do they have a order of foreclosure
[01:21:55.080 --> 01:22:04.780]  is it completed I can't say I don't know but they gave me 45 days to move out but here in
[01:22:04.780 --> 01:22:12.840]  Chicago if you don't move out in order to be evicted it takes a year okay so you've got time
[01:22:12.840 --> 01:22:22.560]  to go back after them yes and listen to this Randy so I began to investigate and found out
[01:22:22.560 --> 01:22:29.840]  that they took a mortgage out in 2005 the time that they took out the mortgage my brother had
[01:22:29.840 --> 01:22:40.240]  already had a stroke already had a stroke and he had a stroke on both sides of his brain he was
[01:22:40.240 --> 01:22:47.880]  not the type of young man that could conduct any type of business he couldn't comprehend as that was
[01:22:47.880 --> 01:22:54.720]  going along he became blind from the written of disease they gave him a mortgage in 2006 August
[01:22:54.720 --> 01:23:04.760]  of 2006 he's totally he's dying I'm being honest my twin was dying and he knew nothing about anything
[01:23:04.760 --> 01:23:14.040]  they turned around and gave him another mortgage December the 6th 2006 they gave a mortgage to a
[01:23:14.040 --> 01:23:26.360]  man that was on his dying bed did not comprehend was blind having epilepsy on dialysis and the
[01:23:26.360 --> 01:23:34.920]  day that they stated that he was in closing he was being treated for dialysis I have all this
[01:23:34.920 --> 01:23:41.200]  documentation in black and white in front of me but when I went to court the judge didn't want to
[01:23:41.200 --> 01:23:48.840]  see it when I tried to represent myself I don't know what I was doing but I was trying she didn't
[01:23:48.840 --> 01:23:57.040]  want to see it okay hold on you went to court yourself did your lawyer at some point withdraw
[01:23:57.040 --> 01:24:11.800]  no he didn't withdraw what were you doing in court was your lawyer in court no oh wonderful okay and
[01:24:11.800 --> 01:24:17.680]  he didn't come to court and I have that order where she ordered him to come to court he didn't
[01:24:17.680 --> 01:24:24.360]  come to court the plaintiff the defendant attorney sent him the documentation to come to court he
[01:24:24.360 --> 01:24:30.520]  still didn't come to court I have a text on my phone that he the first time he was supposed to
[01:24:30.520 --> 01:24:36.600]  came to court he's gonna text me court was at 11 o'clock he text me at 1 and say he went to court
[01:24:36.600 --> 01:24:51.760]  the doors was locked what happened okay okay this is it's too complex to do here on the air but let
[01:24:51.760 --> 01:25:01.680]  me ask some questions to set up the mortgage so the most current mortgage was not a purchase loan
[01:25:01.680 --> 01:25:08.880]  let me explain this when he originally purchased the property and he got a mortgage that was a
[01:25:08.880 --> 01:25:15.520]  purchase loan mortgage and then when he got a refinance said there in 06 there was a refinance
[01:25:15.520 --> 01:25:26.400]  then that one gives him some rescission rights that he wouldn't otherwise have okay who was
[01:25:26.400 --> 01:25:38.880]  the lender in the 2006 mortgage it was Jackson and trust now is community New York community
[01:25:38.880 --> 01:25:45.880]  okay hold on hold on we'll get to there is that company that original company still in business
[01:25:45.880 --> 01:25:55.520]  no they wasn't in business when they did the foreclosure but okay hold on hold on is there
[01:25:55.520 --> 01:26:06.040]  an assignment of the security instrument from the original lender to a second lender I don't
[01:26:06.040 --> 01:26:13.960]  understand what that means explain that okay okay the original lender held the mortgage the
[01:26:13.960 --> 01:26:21.080]  original lender can assign the mortgage to somebody else they can give it to somebody else and that
[01:26:21.080 --> 01:26:31.040]  would show up in the county recorder's office as an assignment this is what happens the bank set up
[01:26:31.040 --> 01:26:38.040]  these mortgage companies and these mortgage companies would write these predatory loans
[01:26:38.040 --> 01:26:42.880]  and that's exactly what this sounds like and they're highly profitable and then they would
[01:26:42.880 --> 01:26:50.200]  sell the loan to the bank at a at a loss so that the bank gets to write off all of the
[01:26:50.200 --> 01:26:56.760]  profit in this loan and then once the mortgage company has lost enough money they close that
[01:26:56.760 --> 01:27:05.400]  mortgage company down bankrupt it and open up another one it's a tax scam okay but that works
[01:27:05.400 --> 01:27:15.240]  in your favor because what I was looking for here is did the original lender who held the mortgage
[01:27:15.240 --> 01:27:25.480]  transfer that asset that the lender held to a third party before the original lender went out
[01:27:25.480 --> 01:27:33.920]  of business the original lender is a person under law for the purpose of certain rights now and at
[01:27:33.920 --> 01:27:42.120]  some point at some point that person died and if that person had assets and they died and they
[01:27:42.120 --> 01:27:51.600]  didn't transfer those assets to somebody else before they died they abandoned them so what the
[01:27:51.600 --> 01:28:00.600]  banks did is they had MERS come along later and pretend to act as an agent for the dead guy and
[01:28:00.600 --> 01:28:09.360]  that's what they say oh the dead guy authorized me to give away his asset and I'm assigning his
[01:28:09.360 --> 01:28:16.760]  asset to this other person because I'm an agent for the dead guy judge Shrek in New York called
[01:28:16.760 --> 01:28:26.860]  them vampire lenders they resurrect from the dead yes that's what it was that a claim your
[01:28:26.860 --> 01:28:35.000]  lawyer brought and they had two mortgage companies on the foreclosure they had taxes and M trust
[01:28:35.000 --> 01:28:41.760]  now to my knowledge I thought taxes was different from M trust but the way I'm learning they could
[01:28:41.760 --> 01:28:48.680]  have been the same people no no no that don't work doesn't matter if they're the same people
[01:28:48.680 --> 01:28:55.160]  it's a different company it's a different company I have a treatment by a federal magistrate here
[01:28:55.160 --> 01:29:04.640]  in Austin Texas and the magistrate's name was Austin Chase Bank in a and Chase home mortgage
[01:29:04.640 --> 01:29:15.320]  Chase home mortgage is a fully owned subsidiary of Chase Bank in a and he said so what Chase home
[01:29:15.320 --> 01:29:22.960]  mortgage is not Chase Bank in a they are not the same company even if the same people own both of
[01:29:22.960 --> 01:29:29.400]  them that's not good they'll try to push that through there's a lot of things we can we can
[01:29:29.400 --> 01:29:35.840]  address here we're about to go to another break yours is going to be somewhat complicated let
[01:29:35.840 --> 01:29:42.920]  me suggest go to I'll pick this up on the other side there's a number of documents that you need
[01:29:42.920 --> 01:29:51.600]  to gather get them to me I'll go over them and I'll give you a good idea of the claims you have
[01:29:51.600 --> 01:29:56.880]  and then you compare that to what the law you're brought hang on ready Kelton we have our radio
[01:29:56.880 --> 01:30:05.120]  we'll be right back laptops they help us do everything from sending mail to managing money
[01:30:05.120 --> 01:30:10.520]  but did you know those modern-day marvels can also turn you into toast I'm dr. Katherine Albrecht and
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[01:33:25.160 --> 01:33:34.800]  okay we are back Randy Kelton of Radio and Denise I'm sorry if I seem to be going fast
[01:33:34.800 --> 01:33:42.140]  but there's so much information that we have I could spend eight hours on this so I'm trying
[01:33:42.140 --> 01:33:50.640]  to kind of feed you with a fire hose so in order to be able to address your specific
[01:33:50.640 --> 01:34:00.160]  issues if you will go to the county recorder's office and this is how we generally suggest
[01:34:00.160 --> 01:34:05.840]  you do it you go to one of the clerks in there and you tell them that you're kind of old
[01:34:05.840 --> 01:34:12.020]  school and you're computer intolerant you don't understand these newfangled computer
[01:34:12.020 --> 01:34:20.520]  thingies doesn't matter how much you actually know and will you run a search on my property
[01:34:20.520 --> 01:34:25.940]  and give me a list of what you find so I can go over to that computer and look them up
[01:34:25.940 --> 01:34:31.440]  and they'll almost always do that for you and once you get the list if you even have
[01:34:31.440 --> 01:34:40.960]  to pay them for a printout get the printout okay and here's the reason they went to electronic
[01:34:40.960 --> 01:34:45.880]  filing systems so you can't go through the physical records anymore because there are
[01:34:45.880 --> 01:34:51.160]  no physical records the only way you can search is with the computer but you don't know the
[01:34:51.160 --> 01:34:58.520]  computer you could screw it up so you ask the clerk to find it for you anything the
[01:34:58.520 --> 01:35:04.920]  clerk doesn't find even if it's in the record is not properly filed or the clerk would have
[01:35:04.920 --> 01:35:14.080]  found it so you get the list of what the clerk found the main thing we're looking for deeds
[01:35:14.080 --> 01:35:22.200]  of trust assignments and appointments there will be an assignment of the deed of trust
[01:35:22.200 --> 01:35:30.440]  to a third party an appointment of substitute trustee and in your case you look for a warranty
[01:35:30.440 --> 01:35:38.520]  deed where if there's been a foreclosure someone will have filed a deed in the record but get
[01:35:38.520 --> 01:35:44.520]  me the list of everything that's filed in the record and I'll look at the list and tell
[01:35:44.520 --> 01:35:52.140]  you which documents we need to see and then look in your in the closing documents for
[01:35:52.140 --> 01:35:59.080]  a HUD 1 settlement statement a HUD 1 settlement statement is generally the only document in
[01:35:59.080 --> 01:36:05.200]  there that's on legal sized paper and it looks like a spreadsheet it's got lines all over
[01:36:05.200 --> 01:36:11.440]  it and figures all over it and there's generally two pages sometimes three or four with addendums
[01:36:11.440 --> 01:36:21.320]  added to it need a HUD 1 settlement statement a copy of the note and a truth in lending
[01:36:21.320 --> 01:36:31.680]  statement if you can find one get those documents to me and I will give you more claims against
[01:36:31.680 --> 01:36:39.120]  the bank then you can shake stick at and once we have all the claims put together they don't
[01:36:39.120 --> 01:36:45.040]  want to see what your lawyer has done so we can see if there's anything that amounts to
[01:36:45.040 --> 01:36:51.400]  res judicata I want to see what the other side is done to see if there's anything that
[01:36:51.400 --> 01:36:59.560]  amounts to collateral estoppel res judicata means it's already been adjudicated once judges
[01:36:59.560 --> 01:37:07.640]  made a determination on an issue you can't go back to it back to it collateral estoppel
[01:37:07.640 --> 01:37:14.480]  when a party comes into the court and takes a position they cannot subsequently come into
[01:37:14.480 --> 01:37:21.720]  another court and take a different position so we want to see what claims the foreclosing
[01:37:21.720 --> 01:37:27.720]  entities have made and then we'll go back through the record and see if their claims
[01:37:27.720 --> 01:37:35.160]  can be supported by the record if they can't then the way to get at this foreclosure issue
[01:37:35.160 --> 01:37:44.960]  the primary way is a challenge to subject matter jurisdiction if this other party cannot
[01:37:44.960 --> 01:37:55.280]  prove by the public record that they had standing they had either a agency or direct standing
[01:37:55.280 --> 01:38:05.000]  they had they're an agent for a principal who had standing and had the legal capacity
[01:38:05.000 --> 01:38:12.200]  to foreclose then this party would be unable to invoke the subject matter jurisdiction
[01:38:12.200 --> 01:38:21.240]  of the court subject matter jurisdiction can be challenged no matter how late in history
[01:38:21.240 --> 01:38:27.720]  can be challenged at any time so that's the one thing that gets us if you're already
[01:38:27.720 --> 01:38:33.880]  been through court and they rule against you now you can come back with new information
[01:38:33.880 --> 01:38:41.880]  and say hey these guys they never had standing to invoke your subject matter jurisdiction
[01:38:41.880 --> 01:38:49.740]  judge so you have to throw all this out you can take them back into court there is a problem
[01:38:49.740 --> 01:39:01.880]  with litigation it takes forever you file a motion they file an answer you file a response
[01:39:01.880 --> 01:39:07.800]  you go to court the judge rules against you you file a motion for reconsideration they
[01:39:07.800 --> 01:39:18.720]  file an opposition the court has to reconsider it just takes forever i've got a guy in california
[01:39:18.720 --> 01:39:28.360]  that's been in court for seven years on my garbage suit if i get somebody who's facing
[01:39:28.360 --> 01:39:32.360]  foreclosure first thing i want to do is drop in a who the heck are you suit i don't know
[01:39:32.360 --> 01:39:37.680]  who you are i never entered into a contract with you never any into contract with your
[01:39:37.680 --> 01:39:46.280]  principal prove up your position and it's like a four-page suit seven years we're about
[01:39:46.280 --> 01:39:54.040]  to petition a certiorari to the supreme of the state of california and that's the garbage
[01:39:54.040 --> 01:40:04.520]  suit we got all kind of stuff coming behind that so first thing to do is figure out where
[01:40:04.520 --> 01:40:13.640]  you're at work out what all claims you have and then what claims you actually want to
[01:40:13.640 --> 01:40:20.880]  make because you don't make them all at once you make all of the ones that fit necessarily
[01:40:20.880 --> 01:40:27.760]  together at once but you don't make them all at one time if you can get this foreclosure
[01:40:27.760 --> 01:40:36.040]  overturned then you file a notice of rescission and we take too take too long here to explain
[01:40:36.040 --> 01:40:45.200]  notice of rescission but because there is a refinance once once there is a notice of
[01:40:45.200 --> 01:40:52.800]  acceleration the right to rescind renews normally have three years to rescind but once you get
[01:40:52.800 --> 01:40:58.880]  a notice of rescission a notice of acceleration when they start the foreclosure process the
[01:40:58.880 --> 01:41:08.200]  right to rescind renews so if we can get the foreclosure case overturned then the first
[01:41:08.200 --> 01:41:13.400]  thing you do is send them a notice of rescission and now we got them because I can sting them
[01:41:13.400 --> 01:41:21.560]  on rescission every time okay so we there's a lot you have a lot of things you can do
[01:41:21.560 --> 01:41:29.400]  and every claim that I can find your lawyer should have found it because I'm just an
[01:41:29.400 --> 01:41:36.600]  ignorant pro se paralegal I'm not I'm not learning counsel if I could find it what's
[01:41:36.600 --> 01:41:43.440]  your problem Mr. Lawyer you got paid to find it so you either get your money from the bank
[01:41:43.440 --> 01:41:50.320]  or you get your money from your lawyer okay I have I have a letter I have some documents
[01:41:50.320 --> 01:41:56.120]  from the foreclosure part and it reads in that in some of those documents where the
[01:41:56.120 --> 01:42:07.560]  attorney was not even present wait a minute say that again the attorney was what your
[01:42:07.560 --> 01:42:18.240]  counsel was not present your attorney was not present all right oh that's a big deal
[01:42:18.240 --> 01:42:25.560]  you'll either get all your money from your lawyer or you'll end his career I'm telling
[01:42:25.560 --> 01:42:34.760]  you Denise you have no idea how powerful you are I really don't you I will teach you to
[01:42:34.760 --> 01:42:45.440]  terrify the lawyers and the judges I do we don't have time today but if you'll give me
[01:42:45.440 --> 01:43:07.920]  those documents my email is randy r-e-n-d-y at ruleoflawradio.com get me an email and then
[01:43:07.920 --> 01:43:14.760]  I will give you a list of what I need and then I can give you a good idea of the claims
[01:43:14.760 --> 01:43:24.560]  you have it is my purpose to put these courts and lawyers on notice that pro se litigants
[01:43:24.560 --> 01:43:31.940]  can kick your behinds and I want to teach you how to kick their behinds so I do need
[01:43:31.940 --> 01:43:41.200]  to move on get me that email we'll get something started there is a whole lot you can do and
[01:43:41.200 --> 01:43:47.560]  I really appreciate you landing so very much thank you doc okay make sure you call us back
[01:43:47.560 --> 01:43:52.520]  next week give me that email and we'll get something started this is Randy Kelton rule
[01:43:52.520 --> 01:43:57.280]  of law radio I call in number five one two six four six nineteen eighty four Larry I'm
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[01:46:22.680 --> 01:46:29.400]  okay we are back randy kelton rule of law radio and we're going to larry in arizona
[01:46:29.400 --> 01:46:37.560]  hello larry how you doing randy i'm doing good okay bring us back up to speed on where
[01:46:37.560 --> 01:46:44.400]  we were last night okay let me ask you one thing first about about scott's uh situation
[01:46:44.400 --> 01:46:52.320]  earlier tonight yes does that work strictly on criminal traffic tickets or or civil traffic
[01:46:52.320 --> 01:47:04.440]  tickets also well in texas we only have criminals traffic tickets okay say that again you faded
[01:47:04.440 --> 01:47:12.360]  would with that um would that would that work on a on a civil ticket elsewhere do you think
[01:47:12.360 --> 01:47:20.320]  it would work better on a civil if they call your traffic citations in arizona a civil
[01:47:20.320 --> 01:47:30.720]  infraction then it's not a criminal case so you can make a counterclaim oh okay so we
[01:47:30.720 --> 01:47:36.120]  would work better you can't act you know he made what he called a counterclaim but it
[01:47:36.120 --> 01:47:45.080]  really wasn't because you can't make a counterclaim in a criminal action as a rule and so the
[01:47:45.080 --> 01:47:52.160]  judge looked at it and and what he has to do it makes no difference what scott called
[01:47:52.160 --> 01:48:02.320]  it the court must treat it like what it is and what it is since it's in a criminal case
[01:48:02.320 --> 01:48:12.440]  is a claim of due process violations and a violation of due process gives the defendant
[01:48:12.440 --> 01:48:24.240]  a right to dismissal so the judge would have to treat it as a due process complaint but
[01:48:24.240 --> 01:48:30.480]  in this county court case i think the judge looked at it and he saw the freight train
[01:48:30.480 --> 01:48:37.200]  coming at him and in order to keep from filing the crime from having to pursue the criminal
[01:48:37.200 --> 01:48:44.320]  complaints at the moment he needed an excuse so he used this as an excuse if if you're
[01:48:44.320 --> 01:48:54.640]  in a place where they call citations infractions or civil civil violations there's nothing
[01:48:54.640 --> 01:49:02.600]  to keep you from filing a counterclaim directly then the fight's on yeah no that sounded
[01:49:02.600 --> 01:49:13.360]  like a very interesting tactic to to work on okay let's go back to last night um let
[01:49:13.360 --> 01:49:18.760]  me back up here a little bit a couple weeks ago you had told me to figure out damages
[01:49:18.760 --> 01:49:26.360]  to use trezevant for my for the dollar amount take the average time that people were you
[01:49:26.360 --> 01:49:33.320]  know detained before seeing the magistrate and the amount of people arrested and if
[01:49:33.320 --> 01:49:38.680]  i take those numbers and i multiply them i come out a little bit better than five billion
[01:49:38.680 --> 01:49:47.720]  dollars i figured it would be up in that range i had no i mean i i thought maybe it was being
[01:49:47.720 --> 01:49:55.400]  a few hundred million okay no idea i was in north carolina and i had these two guys call
[01:49:55.400 --> 01:50:02.640]  me who were being prosecuted by the feds for filing liens against public officials so i
[01:50:02.640 --> 01:50:11.400]  said uh what were what was the issue about they said traffic how much were the liens
[01:50:11.400 --> 01:50:22.040]  eleven trillion i said guys what were you thinking they just pulled these numbers out
[01:50:22.040 --> 01:50:30.520]  of the clear blue sky now you've got a big number there but you didn't pull that out
[01:50:30.520 --> 01:50:40.000]  of the clear blue sky you can show the court precisely how you got to this number now the
[01:50:40.000 --> 01:50:45.160]  other side they're going to hop up and down and wave their arms and rail in righteous
[01:50:45.160 --> 01:50:50.840]  indignation and they're going to claim that this not religious amount they can't don't
[01:50:50.840 --> 01:50:54.440]  have any right to claim this much and they're they're going to try to whittle that number
[01:50:54.440 --> 01:51:06.760]  down but at the end of the day they know there's only one number the jury is primarily going
[01:51:06.760 --> 01:51:14.000]  to remember and that's the one you walked in the door with now with these guys in north
[01:51:14.000 --> 01:51:19.720]  carolina the court will be able to get those numbers thrown out because he just picked
[01:51:19.720 --> 01:51:28.680]  them out of the clear blue sky your number where you came in with a specific calculation
[01:51:28.680 --> 01:51:36.920]  to the penny that's not so easy to throw it out so that's great that's a great number
[01:51:36.920 --> 01:51:46.920]  to go in with okay and and then okay and do you ask for punitive damages on top of a number
[01:51:46.920 --> 01:51:58.120]  like that absolutely okay and and and how do you pick a punitive damage number because
[01:51:58.120 --> 01:52:05.960]  a lot of the kids have a much lower number and and they ask for no no punitive damages
[01:52:05.960 --> 01:52:19.160]  actual damages times three that's the bright land rule really i mean so you'd ask them
[01:52:19.160 --> 01:52:29.400]  for 15 billion in punitive now you know you're not going to get 15 billion who cares oh well
[01:52:29.400 --> 01:52:34.440]  that's that's what i had said before i mean it's it's a almost embarrassing number to
[01:52:34.440 --> 01:52:41.480]  ask for because it's so outrageous but and that's what you tell the jury this is outrageous
[01:52:42.680 --> 01:52:48.760]  look what they've been doing and this number i didn't just pull this number out of the air
[01:52:49.640 --> 01:52:57.400]  this is a valid number this is the claims that these officials are creating
[01:52:57.400 --> 01:53:04.520]  against these public agencies this is outrageous you shouldn't let them do this you should put
[01:53:04.520 --> 01:53:13.640]  them all in jail they're trying to bankrupt our state just to make their lives easier
[01:53:14.840 --> 01:53:19.640]  so they don't have to do their work they're creating these claims so you bring the large
[01:53:19.640 --> 01:53:29.320]  bring the large number but bring it as an example of how bad what they're doing really is
[01:53:29.320 --> 01:53:35.480]  and then let the jury you know they're what they're going to not going to give you as much
[01:53:35.480 --> 01:53:41.880]  as you ask for but if you ask for 50 000 they're not going to give you as much as you ask for
[01:53:41.880 --> 01:53:51.240]  that's true okay so see my point everything they do will revolve around that original number
[01:53:54.040 --> 01:54:02.360]  and so long as you have a verifiable calculation that's all you need
[01:54:03.800 --> 01:54:08.600]  you know they can argue that your calculation is based on false premise who cares
[01:54:08.600 --> 01:54:16.680]  who cares you know it's sour grapes let them gripe to the jury that you they don't like the way you
[01:54:17.720 --> 01:54:22.680]  made your determinations and you asked him okay travis amp is the only
[01:54:25.320 --> 01:54:33.480]  bellwether per minute value that i can find do you have another one
[01:54:33.480 --> 01:54:42.200]  on find me another case where the jury assigned an amount for false imprisonment
[01:54:43.720 --> 01:54:49.000]  and we'll see about working from that one but this is the one i found
[01:54:52.600 --> 01:54:53.720]  yeah won't that be fun
[01:54:57.720 --> 01:55:02.040]  okay and then um i gotta i have to get my tort letter sent off in the next two or three weeks
[01:55:02.040 --> 01:55:10.040]  six does my tort letter have to define whether i am going to what i want to file suit under
[01:55:10.680 --> 01:55:20.120]  a 1903 suit no no no all this is a tort letter is notice and opportunity
[01:55:21.720 --> 01:55:28.440]  notice of harm and opportunity to cure you have harmed me you have harmed me
[01:55:28.440 --> 01:55:34.280]  by these actions you have harmed me in this amount and you have harmed others
[01:55:35.800 --> 01:55:43.720]  similarly situated for an aggregate amount of this much make me wholly be sued
[01:55:44.920 --> 01:55:50.520]  generally when i write a tort letter i write my lawsuit
[01:55:50.520 --> 01:55:58.760]  my lawsuit just like i would write the suit to file it and then i take the heading off
[01:55:58.760 --> 01:56:05.080]  and the and the prayer off the bottom and i put a business letter heading and
[01:56:06.120 --> 01:56:11.560]  salutation on the bottom to turn it into a business letter and send it to them
[01:56:13.560 --> 01:56:17.000]  that way they look at it and their attorneys will look at it and say
[01:56:17.000 --> 01:56:24.600]  uh this guy's not kidding he is going to sue us because he already wrote the lawsuit
[01:56:25.320 --> 01:56:34.040]  and in this way in doing this you show good cause as to why they should make you whole
[01:56:34.040 --> 01:56:40.040]  and how much by how much they should make you whole rather than just writing the letter
[01:56:40.040 --> 01:56:44.920]  you harm me this much make me whole you give them a good effective letter
[01:56:44.920 --> 01:56:51.000]  good effective letter it's going to give them more reason to want to settle with you
[01:56:53.080 --> 01:56:58.120]  okay and and and who who does the letter go to if like we're going to for the sheriff's
[01:56:58.120 --> 01:57:05.480]  department is better the sheriff or if it is the county it goes to the county the the
[01:57:05.480 --> 01:57:11.080]  commissioner's court the the in texas we would call it the county court of law judge
[01:57:11.080 --> 01:57:17.480]  but whoever the commissioner's court is for the county essentially it goes to the county
[01:57:17.480 --> 01:57:23.560]  if it's a municipality it goes to the mayor or it goes to the city okay
[01:57:26.920 --> 01:57:32.200]  okay and i'm i'm i'm going to do some more reading about the about these rico cases it
[01:57:32.200 --> 01:57:39.400]  it seems like that may be a little bit overly involved for me they are very difficult
[01:57:39.400 --> 01:57:40.360]  very difficult
[01:57:42.520 --> 01:57:50.760]  now you don't have to do a rico suit but you can use the language that i referenced earlier
[01:57:50.760 --> 01:57:57.320]  predicate acts and furtherance of an ongoing criminal conspiracy that kind of rattles the
[01:57:57.320 --> 01:58:11.240]  rico saber without actually having to do a rico suit okay but if you file just a
[01:58:12.360 --> 01:58:17.000]  private attorney general suit you could later file a rico suit
[01:58:17.000 --> 01:58:26.120]  oh do a secondary suit yes it does the one doesn't necessarily
[01:58:27.000 --> 01:58:35.320]  negate the other so if you file just a a civil action and you use verbiage from
[01:58:35.320 --> 01:58:41.560]  rico that warns them you either make me hold here or we'll do it in a rico suit hang on
[01:58:41.560 --> 01:58:47.400]  about to go to break randy kelton rule of our radio or call in number five one two six four six
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