ROL_2016-08-19_16k_Hr3-4.timecode
[00:00.000 --> 00:07.760] The following newsflash is brought to you by the Lone Star Lowdown, providing the jelly
[00:07.760 --> 00:09.960] bulletins for the commodities market.
[00:09.960 --> 00:23.440] Today in history, news updates and the inside scoop into the tides of the alternative.
[00:23.440 --> 00:29.560] Markets for Wednesday the 17th of August 2016 are currently treading with gold at $1,349.35
[00:29.560 --> 00:36.680] an ounce, silver $19.68 an ounce, Texas crude $46.58 a barrel, and Bitcoin is currently
[00:36.680 --> 00:45.720] sitting at about $572 U.S. currency.
[00:45.720 --> 00:51.400] Today in history, the year 1982, the first compact discs or CDs are released in public
[00:51.400 --> 00:52.400] in Germany.
[00:52.400 --> 00:57.440] It was a recording from 1979 of Claudio Arau performing Chopin's waltzes.
[00:57.440 --> 01:04.680] He was invited to the Langenhagen plant to press the start button.
[01:04.680 --> 01:09.480] In recent news, U.S. District Judge Ann J. Brown sentenced Cory LaCueu, the first defendant
[01:09.480 --> 01:13.780] from the armed takeover in the Oregon wildlife refuge earlier this year, to a two and a half
[01:13.780 --> 01:16.760] year prison sentence for his role in the federal conspiracy case.
[01:16.760 --> 01:20.920] He'll also have a three year supervised release afterwards and an amount of restitution be
[01:20.920 --> 01:24.280] paid when that amount is determined in the future.
[01:24.280 --> 01:28.920] Cory was the first of 26 standoff defendants who pleaded guilty to the armed conspiracy.
[01:28.920 --> 01:33.280] Though conspiracy charges usually carry a prison sentence of up to six years, federal prosecutors
[01:33.280 --> 01:37.800] settled for less as part of the plea bargain agreement since Cory was the first in the
[01:37.800 --> 01:44.360] case to take responsibility.
[01:44.360 --> 01:47.760] Donald Trump, the Republican presidential candidate, was set to receive an intelligence
[01:47.760 --> 01:49.260] briefing in New York today.
[01:49.260 --> 01:53.040] The intent is to give him an inside scoop into the global threats that the U.S. is facing,
[01:53.040 --> 01:55.520] a standard procedure for major party candidates.
[01:55.520 --> 01:59.920] The briefing does not contain sensitive intelligence, not at the level of the presidential daily
[01:59.920 --> 02:04.640] briefing, for example, but more akin to the broad and descriptive testimony given by senior
[02:04.640 --> 02:09.360] officials to Congress each year at a public hearing on global threats.
[02:09.360 --> 02:13.480] Trump brought along General Mike Flynn, former head of the Defense Intelligence Agency, since
[02:13.480 --> 02:17.960] the candidates are not required to hold security clearances, but any aid in the room with them
[02:17.960 --> 02:18.960] does.
[02:18.960 --> 02:23.200] After the first 52 years of presidential candidate intelligence briefings, the CIA gave them
[02:23.200 --> 02:24.200] directly.
[02:24.200 --> 02:28.280] However, since 2004, the Office of the Director of National Intelligence has now taken over
[02:28.280 --> 02:29.760] this task.
[02:29.760 --> 02:51.840] The session includes a printed briefing book for each candidate.
[02:59.760 --> 03:28.120] Okay, we are back, ready to kelp and move our radio and we're talking to Scott in Texas.
[03:28.120 --> 03:35.720] Okay, Scott, is it a little more clear on how to construct a criminal complaint?
[03:35.720 --> 03:37.720] Yeah, for sure.
[03:37.720 --> 03:43.920] I thought I was better at it, but I guess I was just having a bad day.
[03:43.920 --> 03:44.920] Could be.
[03:44.920 --> 03:49.480] Okay, you have some of my forms.
[03:49.480 --> 03:51.320] Oh, yeah.
[03:51.320 --> 03:57.840] Now there is an issue that I have with what went on here.
[03:57.840 --> 04:04.280] You added sections into this that wasn't in the original form.
[04:04.280 --> 04:06.760] What possessed you to do that?
[04:06.760 --> 04:17.880] Well, I went and cited some canon law from the judicial criminal or judicial conduct
[04:17.880 --> 04:22.480] stuff and I thought I stuck that up in there to kind of, you know, give it a little bit
[04:22.480 --> 04:25.400] more weight, I thought, but I guess.
[04:25.400 --> 04:28.080] No, that wasn't it, not the case law.
[04:28.080 --> 04:29.520] It was the prayer.
[04:29.520 --> 04:31.840] You added a prayer to this.
[04:31.840 --> 04:33.800] I don't know why I left the prayer in there.
[04:33.800 --> 04:34.800] That was just.
[04:34.800 --> 04:35.800] Okay.
[04:35.800 --> 04:39.520] Be very careful with form.
[04:39.520 --> 04:43.040] The form I had was perfect.
[04:43.040 --> 04:46.680] You know why I know it was perfect?
[04:46.680 --> 04:48.560] Because I got it from somebody else.
[04:48.560 --> 04:51.000] I got this from the courts.
[04:51.000 --> 04:53.920] This is what an information looks like.
[04:53.920 --> 04:57.400] I didn't come up with this stuff.
[04:57.400 --> 05:03.120] This is how it was done in an information that a lawyer produces.
[05:03.120 --> 05:12.560] So when you find forms of this nature, look at the form very carefully and discipline
[05:12.560 --> 05:20.160] yourself to stay strictly with the form.
[05:20.160 --> 05:23.960] You can add arguments, but be careful how you add arguments.
[05:23.960 --> 05:25.720] Remember what you're doing.
[05:25.720 --> 05:28.960] This is not a legal brief.
[05:28.960 --> 05:37.300] This is a criminal complaint and generally a criminal complaint is intended to be relatively
[05:37.300 --> 05:40.280] short and easy to read.
[05:40.280 --> 05:48.600] If you have more than one full page of argument after your statement of facts, put that argument
[05:48.600 --> 05:53.160] in a separate affidavit.
[05:53.160 --> 05:59.280] If the facts are more than a page, put that in a separate affidavit so that the complaint
[05:59.280 --> 06:03.440] stays very short.
[06:03.440 --> 06:09.240] The person needs to be able to read the complaint and understand very quickly what it's about.
[06:09.240 --> 06:19.960] When I did the Cherokee County complaints, I had about 35 complaints, I wrote a statement
[06:19.960 --> 06:26.560] of facts and it was about 20 pages long.
[06:26.560 --> 06:34.160] I did the statement of facts on a section and then I would do an argument in support.
[06:34.160 --> 06:39.760] Anything else occurred and I'd state the next hearing, what happened in it, and then argument
[06:39.760 --> 06:40.760] in support.
[06:40.760 --> 06:49.680] I do this in one big document, but when I did that, I did that with the idea that when
[06:49.680 --> 06:57.760] I started creating criminal complaints, I would take out this one section where I did
[06:57.760 --> 07:02.960] a statement of facts and an argument in support based on this one issue.
[07:02.960 --> 07:10.440] I pull that issue out, I drop it in a complaint, and I put, you know, use the heading and the
[07:10.440 --> 07:16.480] footing and say, if I'm talking about a clerk doing something wrong, I'll state the facts
[07:16.480 --> 07:23.560] about what the clerk did, state the argument in support of how these facts amount to a
[07:23.560 --> 07:28.320] violation of this code, and then I go to the next violation.
[07:28.320 --> 07:34.280] My statement of facts went from one violation to the next to the next, and I state the violation
[07:34.280 --> 07:39.840] completely, statement of facts, argument in support, then I go to the next one, the next
[07:39.840 --> 07:40.920] one, the next one.
[07:40.920 --> 07:43.960] Now I go back and create my complaints.
[07:43.960 --> 07:49.200] First statement of facts and argument in support, I grab it out and drop it inside the complaint
[07:49.200 --> 07:50.200] form.
[07:50.200 --> 07:59.120] This way your reader, if you give this, say, to a grand jury or to a petty jury, the reader
[07:59.120 --> 08:05.400] will read the statement of facts, and then they read the complaint.
[08:05.400 --> 08:12.480] Well, they'll recognize this section from the statement of facts, so it's clear how
[08:12.480 --> 08:20.160] what went on here fits in the overall context of the case.
[08:20.160 --> 08:28.160] If I'm making an accusation against a clerk, accusing the clerk of deliberately misplacing
[08:28.160 --> 08:32.360] a document, well, normally somebody's going to read that and say, clerks don't do that
[08:32.360 --> 08:39.600] kind of stuff, but if I've got other accusations above it and after it that shows that not
[08:39.600 --> 08:46.400] only the clerk but the prosecutor and the judge, the bailiff, the sheriff, all of these
[08:46.400 --> 08:53.420] other actors are acting improperly, then it makes it more plausible that the clerk was
[08:53.420 --> 09:00.880] acting improperly in this case, so you create the complaint in the context of the overall
[09:00.880 --> 09:01.880] situation.
[09:01.880 --> 09:04.880] Does that make sense, Scott?
[09:04.880 --> 09:06.120] Yeah.
[09:06.120 --> 09:07.560] Okay.
[09:07.560 --> 09:16.480] And that only goes through when you have a number of things that have gone on.
[09:16.480 --> 09:24.720] Always try to keep in mind where the mind of your reader is when the reader is reading
[09:24.720 --> 09:26.440] the documents.
[09:26.440 --> 09:32.520] What questions will come to their mind, what will they expect to see, and where will they
[09:32.520 --> 09:35.320] expect to see it?
[09:35.320 --> 09:42.720] You don't ever want to knock your reader out of flow, and if you've created a good statement
[09:42.720 --> 09:47.240] of facts that stitches everything together well, and then you go back and put that in
[09:47.240 --> 09:52.480] your complaint, now your reader will have referential index of what you're saying in
[09:52.480 --> 09:59.000] the complaint because they already read it in your statement.
[09:59.000 --> 10:05.200] I think I'm getting pedantic here.
[10:05.200 --> 10:08.280] Have I beaten this to death?
[10:08.280 --> 10:09.280] Almost.
[10:09.280 --> 10:16.000] Now, how would that get tied in with my case?
[10:16.000 --> 10:19.240] You couldn't put the actual one in my case?
[10:19.240 --> 10:21.240] The whole separate issue.
[10:21.240 --> 10:29.640] Oh, and in doing this, I was due to research and found a statute in the Code of Criminal
[10:29.640 --> 10:40.600] Procedure in Chapter 1 that states that a criminal action is separate from a civil action.
[10:40.600 --> 10:44.720] A criminal prosecution does not affect a civil claim.
[10:44.720 --> 10:48.880] I knew that was there, but I hadn't found it.
[10:48.880 --> 10:54.920] I've heard, I've actually had a judge say once that if you pursue criminal complaints,
[10:54.920 --> 10:56.920] you can't sue.
[10:56.920 --> 11:04.240] And that sounded incorrect, and it turns out it is incorrect.
[11:04.240 --> 11:11.680] It's been addressed by the legislature, and the legislature said that the criminal prosecution
[11:11.680 --> 11:16.320] does not deny a person in their civil remedy.
[11:16.320 --> 11:22.680] So that bit of trivia to keep in mind.
[11:22.680 --> 11:30.680] Are you ready to write me a new complaint or to get Jody to?
[11:30.680 --> 11:31.680] Yes.
[11:31.680 --> 11:38.440] I will put another criminal complaint together, and then he can submit it.
[11:38.440 --> 11:44.720] There'll be a separate action from anything that I do, so I got that figured out.
[11:44.720 --> 11:54.120] And then I guess the only other thing is, well, shoot, now I had a brain fart.
[11:54.120 --> 11:56.280] I can't remember what I was going to say.
[11:56.280 --> 12:03.240] Well, Jody will be great, because he's a third-party interloper.
[12:03.240 --> 12:05.920] He's the gadfly.
[12:05.920 --> 12:07.840] They don't have anything against him.
[12:07.840 --> 12:10.540] They have no leverage over him whatsoever.
[12:10.540 --> 12:16.520] He can come in and stomp all over them.
[12:16.520 --> 12:20.720] Third-parties, that's what they're most worried about.
[12:20.720 --> 12:26.520] When I come in, when somebody else has an issue and I come in, well, these guys really
[12:26.520 --> 12:29.120] get excited.
[12:29.120 --> 12:32.720] They always assume the third party is a winger.
[12:32.720 --> 12:39.400] That somebody's sitting here special to come after us, and that's what they want to make
[12:39.400 --> 12:49.840] them think, and now they're going to have to deal with Jody, and they have no counteraction.
[12:49.840 --> 12:52.840] All they can do is lose.
[12:52.840 --> 12:56.760] The question is not whether they're going to lose or not, but how much are they going
[12:56.760 --> 13:01.840] to lose, or how badly are they going to lose?
[13:01.840 --> 13:03.960] Does that make sense?
[13:03.960 --> 13:08.960] It's why that's a very powerful thing to do to them.
[13:08.960 --> 13:18.120] Yeah, that was the whole intention, was to have him as a third-party witness so he didn't
[13:18.120 --> 13:23.000] know that they would actually do that, because they didn't do that over in Lake Dallas.
[13:23.000 --> 13:28.480] When they did, now he actually has a case to bring against them to sue them, technically
[13:28.480 --> 13:31.680] correct, for violating his rights.
[13:31.680 --> 13:38.640] Yes, and in this case, this is a court of record.
[13:38.640 --> 13:47.480] So you should ask, have you filed an affidavit of inability?
[13:47.480 --> 13:50.160] I didn't even know what that was.
[13:50.160 --> 13:53.720] Paupers affidavit.
[13:53.720 --> 13:54.720] Inability to pay.
[13:54.720 --> 14:03.440] Well, no, because I still haven't even gone to technically trial on this, so.
[14:03.440 --> 14:09.240] File an affidavit of inability to pay and then request the transcript from that hearing.
[14:09.240 --> 14:11.800] Ah, okay.
[14:11.800 --> 14:14.160] That'll make them real unhappy.
[14:14.160 --> 14:15.160] Okay.
[14:15.160 --> 14:26.360] And it might be, this might be an opportunity for, to do something really interesting.
[14:26.360 --> 14:37.400] Get Jody to request discovery, then get him to file an affidavit of inability to pay and
[14:37.400 --> 14:42.720] do a 202 motion for pre-indication discovery.
[14:42.720 --> 14:55.120] Oh, that'll be wonderful, and move to discover the transcript from the hearing.
[14:55.120 --> 14:58.080] You called that a what, a 202?
[14:58.080 --> 15:02.320] 202, Code of the Rules of Civil Procedure.
[15:02.320 --> 15:12.920] Texas, in reading case law and reading articles on pre-litigation discovery, they call Texas
[15:12.920 --> 15:16.120] the Wild West when it comes to pre-litigation discovery.
[15:16.120 --> 15:17.840] You can ask for anything.
[15:17.840 --> 15:24.240] Everywhere else, you could only do depositions, but Texas, you can ask for anything in pre-litigation
[15:24.240 --> 15:26.440] discovery.
[15:26.440 --> 15:32.960] Pre-litigation discovery is not a suit, but you're asking for discovery or to preserve
[15:32.960 --> 15:40.360] evidence to see if you have grounds for a suit.
[15:40.360 --> 15:41.720] Oh.
[15:41.720 --> 15:49.120] And the courts are real good at granting pre-litigation discovery, and Jody is in a hearing that's
[15:49.120 --> 15:50.600] recorded.
[15:50.600 --> 15:57.720] And something that he didn't expect to happen to him in the hearing, so it's appropriate
[15:57.720 --> 16:03.040] for him to ask for a transcript, but Jody's just an ordinary guy.
[16:03.040 --> 16:12.680] He doesn't have a dog in this haunt, he has nothing, no reason for him to have any money,
[16:12.680 --> 16:18.120] so he can come in as, I'm just a poor guy here wanting to watch the court and they beat
[16:18.120 --> 16:24.800] me up, so you can't ask me for money to protect my rights, so it should be real easy for him
[16:24.800 --> 16:28.480] to do a pauper's affidavit and get the transcripts.
[16:28.480 --> 16:29.480] Okay.
[16:29.480 --> 16:35.000] And make sure you ask for the recording, because we have case law that says the recording is
[16:35.000 --> 16:40.960] the transcript, not what is the actual record of the court, not what the court recorder
[16:40.960 --> 16:48.720] puts in the transcript, because they always redact the bad stuff.
[16:48.720 --> 16:49.720] Okay.
[16:49.720 --> 16:50.720] About to go to break.
[16:50.720 --> 16:54.600] Randy Kelton, we live on our radio, if we're done with you, we'll move on when we come
[16:54.600 --> 17:00.560] back, but don't leave yet, Scott, we'll be right back.
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[18:59.960 --> 19:06.960] You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:06.960 --> 19:32.960] Well, don't let nothing get to you, only the Father can deliver you, don't let bad-minded
[19:32.960 --> 19:39.960] people get to you.
[19:39.960 --> 19:49.240] Okay, we are back.
[19:49.240 --> 19:51.440] Red Ducalton with our radio.
[19:51.440 --> 19:53.600] Okay Scott, I didn't have time to ask.
[19:53.600 --> 19:56.960] Do you have any more questions or comments for us?
[19:56.960 --> 20:06.280] I was just going to say that as of today, Rockwall, Rain, Dallas and Denton County all have my
[20:06.280 --> 20:08.560] notice of intent to sue.
[20:08.560 --> 20:09.560] Wonderful.
[20:09.560 --> 20:16.560] Yeah, so all the county judges are staring at it, so I wonder if their phones are ringing
[20:16.560 --> 20:22.840] to each other going, did you get one, did you get one, yeah I got one, son of a gun,
[20:22.840 --> 20:23.840] dang it.
[20:23.840 --> 20:27.120] Good, they really hate to be sued.
[20:27.120 --> 20:29.120] Okay, wonderful.
[20:29.120 --> 20:36.120] Okay, keep us up to date Scott and thank you for calling, now we are going to go to John
[20:36.120 --> 20:37.120] in Arizona.
[20:37.120 --> 20:38.120] Hello John.
[20:38.120 --> 20:39.120] Hello, I'm Randy.
[20:39.120 --> 20:40.120] Can you hear me?
[20:40.120 --> 20:41.120] Yes, I can.
[20:41.120 --> 20:42.120] Okay.
[20:42.120 --> 20:53.320] Excuse me, I had to clear my voice there, it's been a while since I talked to you.
[20:53.320 --> 21:02.880] I have, I'll tell you, I've got a real interesting case that's ongoing right now, I'm a student
[21:02.880 --> 21:11.240] of your archives and I just want to first thank you for all that you do, you know, to
[21:11.240 --> 21:20.160] help people out there, you know, stand up for their rights and, excuse me again, I bought
[21:20.160 --> 21:29.760] Randy's traffic course, I have utilized that in a few of my traffic cases, I haven't really
[21:29.760 --> 21:36.600] gotten anywhere, I've got one on appeal and the reason I say that is because in this case
[21:36.600 --> 21:43.640] I'm about to talk to you about is that I've just consumed my time, I did buy Michael Maris's
[21:43.640 --> 21:54.840] program and I just want to say to all those out there that I won my federal suit in court
[21:54.840 --> 22:00.240] by default using his system, it works.
[22:00.240 --> 22:01.240] Wonderful.
[22:01.240 --> 22:07.120] Yeah, yeah and so I just, you know, I've got a real complicated case I've gotten myself
[22:07.120 --> 22:15.640] in, I first want to say that maybe I've brought the politics in my case as you teach, you
[22:15.640 --> 22:19.800] know, maybe not in perfect form as you probably might have done yourself because as I was
[22:19.800 --> 22:26.960] listening to you talk to me, the caller, the last couple callers, I'm listening to the,
[22:26.960 --> 22:30.720] you know, it's constructive criticism, I'm thinking to myself, man, I sure made a lot
[22:30.720 --> 22:38.440] of mistakes in my work but, you know, I think the important thing to consider is, you know,
[22:38.440 --> 22:42.680] hey, even though our work and our writing may not be perfect, the fact that...
[22:42.680 --> 22:48.360] Okay, okay, hold on right there, let me enter a caveat.
[22:48.360 --> 22:56.920] It is better for you to send in a complaint that is riddled with mistakes than not get
[22:56.920 --> 22:57.920] one in.
[22:57.920 --> 23:05.760] A complaint is intended to be filed by a layperson.
[23:05.760 --> 23:16.800] So if it has layperson language in it, it's not legally eloquent, who cares?
[23:16.800 --> 23:20.200] That is not a problem.
[23:20.200 --> 23:26.400] We do want to get it the best we can and Scott is a student of this and he's trying to hone
[23:26.400 --> 23:34.520] his skills but do not let any of these criticisms I made of Scott because we did that under
[23:34.520 --> 23:35.520] agreement.
[23:35.520 --> 23:40.240] He sent it to me so I could rip it to pieces for him.
[23:40.240 --> 23:44.880] Do not take that as a criticism of your work.
[23:44.880 --> 23:49.400] The fact that you're actually doing this is wonderful.
[23:49.400 --> 23:55.880] Right, right and I, yeah, I send my kudos to Scott.
[23:55.880 --> 24:00.440] You know, I'm glad he's out there doing, fighting the fight.
[24:00.440 --> 24:01.440] Okay.
[24:01.440 --> 24:08.080] Don't brag on Scott very much, he'll get the big head.
[24:08.080 --> 24:10.920] Okay, all right.
[24:10.920 --> 24:17.720] Well, I'll tell you what, I'm really feeling the pressure of retaliation in my current
[24:17.720 --> 24:25.960] situation and in order for you to get a good, I mean sort of a semi grasp of what I'm talking
[24:25.960 --> 24:34.880] about, I need to get just a little bit into the background of my case.
[24:34.880 --> 24:43.680] About two years ago, this started in 2014 September, my wife had entered into an agreement
[24:43.680 --> 24:50.320] with a mother-in-law, you know, it's eight years old, she lived in the depression area.
[24:50.320 --> 25:01.720] So she decided to go into her house together and so my mother-in-law gave us a down payment,
[25:01.720 --> 25:08.360] gifted us a down payment to purchase a house large enough for the family so that we can
[25:08.360 --> 25:14.560] give her and, you know, her husband, you know, care through the end of her life.
[25:14.560 --> 25:22.080] And she was going to use our house as a place to go and travel from another house that she
[25:22.080 --> 25:26.600] was going to go into with other family members, her other daughters.
[25:26.600 --> 25:29.440] So this was the first house she's going to do this, or the first daughter she's going
[25:29.440 --> 25:31.000] to do this with.
[25:31.000 --> 25:40.200] So she gave us a gift, the gift was, I had asked my lender, I was basically just the
[25:40.200 --> 25:49.280] facilitator, I had the credit and so, of the mortgage and so during the loan process I'd
[25:49.280 --> 25:54.960] asked my lender for an FHA proof gift letter that they use, I didn't want to come up with
[25:54.960 --> 25:55.960] one myself.
[25:55.960 --> 26:03.560] So they'd give me a gift letter to you and so she signed the gift letter, made a down
[26:03.560 --> 26:11.920] payment on the home, the loan funded and she moved in and I had another house at the time
[26:11.920 --> 26:12.920] that I was trying to sell.
[26:12.920 --> 26:19.880] So I had two houses, two house payment and we'll fast forward a little bit.
[26:19.880 --> 26:30.040] My wife and her mom got in a fight or an argument, not a fight but an argument and at the same
[26:30.040 --> 26:40.600] time some sisters in her family got jealous because she gave a down payment on the house.
[26:40.600 --> 26:49.760] It was a family thing and so she flew in and convinced her mom to move and leave the state.
[26:49.760 --> 26:58.920] So the loan had closed, the house had been purchased and you know through that squabble
[26:58.920 --> 27:08.200] she left state, she moved to California, I don't know about 30, 40 days, 45 days I received
[27:08.200 --> 27:15.640] a letter from this attorney and this attorney was instructing me or directing me to give
[27:15.640 --> 27:22.400] him a call to talk about the loan that I was given for repayment of the loan that I was
[27:22.400 --> 27:23.400] given.
[27:23.400 --> 27:29.200] And so I ignored the letter from the attorney because it wasn't a loan, it was a gift.
[27:29.200 --> 27:34.480] I was scrutinized through the loan lending process.
[27:34.480 --> 27:37.420] I had proof that it was a gift, I got a gift letter.
[27:37.420 --> 27:38.420] So I just ignored the letter.
[27:38.420 --> 27:45.000] Well about 15 days later I received a summons to appear in court for breach contract, fraud
[27:45.000 --> 27:50.920] unjust enrichment and attached to that was a certificate of compulsory arbitration which
[27:50.920 --> 27:57.040] you know he filed the same day he filed the summons and the complaint.
[27:57.040 --> 28:02.040] The allegations in the complaint Randy were all lies.
[28:02.040 --> 28:07.680] I mean of course and then that's all I'm going to say about that because I need to move on
[28:07.680 --> 28:09.480] and get to where I'm at.
[28:09.480 --> 28:13.800] If you have any questions please interrupt and ask me.
[28:13.800 --> 28:19.520] No we need to get to the end of the facts so we can get into the meat because I've got
[28:19.520 --> 28:24.400] a couple more callers and we're going to run out of time.
[28:24.400 --> 28:25.400] Okay.
[28:25.400 --> 28:26.400] Okay.
[28:26.400 --> 28:36.480] So I received, I got this complaint and then a few days later this attorney, I got a notice
[28:36.480 --> 28:39.840] in the mail that this attorney filed a list of pendants on the house that I was selling
[28:39.840 --> 28:40.840] up in Phoenix.
[28:40.840 --> 28:45.560] It clouded my title to my home with the less pendants.
[28:45.560 --> 28:48.000] I was four days from closing and...
[28:48.000 --> 28:49.480] Wait a minute, hold on.
[28:49.480 --> 28:55.400] Did this house have anything to do with the gift and the loan that the gift was related
[28:55.400 --> 28:56.400] to?
[28:56.400 --> 28:57.400] No.
[28:57.400 --> 29:00.480] It was totally groundless less pendants.
[29:00.480 --> 29:07.600] Oh did you, and you were close to closing on the sale of that house?
[29:07.600 --> 29:08.600] Four days.
[29:08.600 --> 29:09.600] Four days.
[29:09.600 --> 29:20.080] And he didn't have any documentation, he had no grounds to file this less pendants.
[29:20.080 --> 29:23.880] So I called him up, we had a meeting.
[29:23.880 --> 29:31.360] I think it was a maneuver on his part just to see what evidence I had, you know, that
[29:31.360 --> 29:34.360] I could bring in, you know, against the law.
[29:34.360 --> 29:35.360] Okay, okay.
[29:35.360 --> 29:36.360] Hold on.
[29:36.360 --> 29:40.360] We're going to take a little break and when we come back we're going to talk about a cause
[29:40.360 --> 29:43.960] of action for the benefit of the bargain.
[29:43.960 --> 30:01.080] Randy Kelton, Rue of La Radio, or call it number 512-646-1984, we'll be right back.
[30:01.080 --> 30:04.400] What happens when bungling burglars bother the wrong bird?
[30:04.400 --> 30:05.400] They eat crow.
[30:05.400 --> 30:09.440] I'm Dr. Catherine Albrecht and I'll give you the details on a pet store burglary gone
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[30:42.720 --> 30:47.360] Bungling burglars bothered the wrong bird when they broke into Havday's Pet Shop in Coventry,
[30:47.360 --> 30:48.360] England.
[30:48.360 --> 30:52.040] They didn't have a wing or a prayer when they were up against the likes of Jack, a self-appointed
[30:52.040 --> 30:55.000] guard parrot with little patience for the petty purloiners.
[30:55.000 --> 30:59.760] When the thieves attempted to birdnap him, Jack clawed and pecked them into a humiliating
[30:59.760 --> 31:00.760] retreat.
[31:00.760 --> 31:04.720] When the burglars bolted with a bag of snakes, a bird and some fish, they left behind bits
[31:04.720 --> 31:07.440] of bloody clothing in the wake of the Jack attack.
[31:07.440 --> 31:11.920] Thanks to the DNA extracted by the winged warrior, it shouldn't be long before police
[31:11.920 --> 31:17.120] rescue Jack's pet store pals and collar the culprits who will likely eat crow behind bars.
[31:17.120 --> 31:18.880] I'm Dr. Catherine Albrecht.
[31:18.880 --> 31:31.440] For news and information at CatherineAlbrecht.com.
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[32:03.040 --> 32:05.880] Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
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[33:24.920 --> 33:52.720] Okay, we are back, we're at the Kelton Rule of Law Radio, we're talking to John in Arizona.
[33:52.720 --> 34:03.960] John, unless there is something that would give, that would directly involve this other
[34:03.960 --> 34:14.600] property, unless pendants, unless pendants is only filed when there is a claim against
[34:14.600 --> 34:15.600] the property.
[34:15.600 --> 34:23.000] Did he file anything that made a claim against this property?
[34:23.000 --> 34:31.000] No, he just, that's what I'm saying, he just filed the last pendants and-
[34:31.000 --> 34:32.800] He has a problem.
[34:32.800 --> 34:33.800] Yes.
[34:33.800 --> 34:39.680] Are you familiar with the benefit of the bargain?
[34:39.680 --> 34:41.760] The benefit of what?
[34:41.760 --> 34:46.040] The benefit of the bargain as a cause of action?
[34:46.040 --> 34:49.360] No, no I'm not.
[34:49.360 --> 34:57.920] You had a contract pending, and in that contract you would have been able to sell your house
[34:57.920 --> 35:02.040] for a certain amount of money.
[35:02.040 --> 35:08.640] The lawyer filed a list of pendants when there was no claim against this property, that's
[35:08.640 --> 35:13.480] tampered with the government document, it's fraud on his face.
[35:13.480 --> 35:22.480] And because he committed this improper act, he caused your contract to fall, your contract
[35:22.480 --> 35:25.960] negotiations to fail.
[35:25.960 --> 35:31.160] You lost the benefit of the bargain, which was the value of the property.
[35:31.160 --> 35:38.720] So you get to claim that against him, and since he did that, by filing a false document
[35:38.720 --> 35:45.040] in the public record, that's equated as fraud, so you sue the lawyer for three times the
[35:45.040 --> 35:47.680] value of the benefit of the bargain.
[35:47.680 --> 35:52.000] Yeah, wanna play hardball, Bubba?
[35:52.000 --> 35:56.880] And this is after you bargrieve him, have you bargrieved that lawyer yet?
[35:56.880 --> 35:58.360] Two times.
[35:58.360 --> 36:00.360] Oh, wonderful.
[36:00.360 --> 36:07.640] Now, now send him a tort letter asking for three times the value of the property you
[36:07.640 --> 36:12.680] would have sold, make me totally be sued.
[36:12.680 --> 36:17.640] Well the property did sell, Randy, it put it off for like 10 days, and as soon as he
[36:17.640 --> 36:23.040] realized that he had no claim, he lifted that last pendent.
[36:23.040 --> 36:26.840] Oh, okay, so that's not an issue at this point.
[36:26.840 --> 36:28.320] No, no.
[36:28.320 --> 36:31.760] Oh, man, you got me all excited there.
[36:31.760 --> 36:37.040] I'm sorry, I'm sorry, well, I still got a little bit that might get you excited, because
[36:37.040 --> 36:38.040] you'll see.
[36:38.040 --> 36:46.480] Okay, so I did file a criminal complaint on this guy, because it was, you know, the fact
[36:46.480 --> 36:52.560] that he filed a groundless, less pendent, it's statutory crime here, it's class one
[36:52.560 --> 36:53.560] misdemeanor.
[36:53.560 --> 37:00.240] And so I went ahead, and I just wrote up a criminal complaint against him, and I filed,
[37:00.240 --> 37:06.120] I wrote a criminal complaint for, okay, here it is, a conspiracy to commit mail and wire
[37:06.120 --> 37:14.920] fraud, and illegal, I went into illegal control of an enterprise, illegally conduct an enterprise,
[37:14.920 --> 37:23.200] and a couple of other charges that he, basically, he filed a false last pendent, I told you
[37:23.200 --> 37:31.720] about the Certificate of Arbitrary, the document for arbitration, he filed that document and
[37:31.720 --> 37:42.160] saying that my case qualified, but it, because it was, it was a $120,000 case, but it exceeded
[37:42.160 --> 37:45.920] the limits for arbitration, so he misled me into that.
[37:45.920 --> 37:53.440] So what I did basically, I filed a criminal complaint, filed it with the presiding judge,
[37:53.440 --> 38:02.360] and I invoked her duty as magistrate, filed it with a county attorney, and three other
[38:02.360 --> 38:03.360] judges.
[38:03.360 --> 38:12.080] Every one of them responded back to me, Randy, and the presiding judge responded in writing
[38:12.080 --> 38:17.800] that they, as a result, they could not file either the complaint into the court record
[38:17.800 --> 38:19.880] or take any further action on it.
[38:19.880 --> 38:27.360] So I have every one of these judges and the county attorney in writing denying to do any,
[38:27.360 --> 38:33.960] telling me they weren't going to take any action, and so yes, my criminal complaint
[38:33.960 --> 38:40.080] might not have been perfect, but I, my probable cause statement that I had with my criminal
[38:40.080 --> 38:46.880] complaint stated the facts out in a manner in which, like you said to a couple of callers
[38:46.880 --> 38:54.680] back, or maybe it was the one before, you know, that it's the prosecutor's job and
[38:54.680 --> 39:00.840] duty to turn it into an information, and I mean, I have clear evidence that this man
[39:00.840 --> 39:01.840] committed the...
[39:01.840 --> 39:02.840] Okay.
[39:02.840 --> 39:03.840] Yes.
[39:03.840 --> 39:04.840] Procedural due process.
[39:04.840 --> 39:05.840] Okay.
[39:05.840 --> 39:11.520] You get to sue them all.
[39:11.520 --> 39:12.520] Even the judges.
[39:12.520 --> 39:13.520] Yes.
[39:13.520 --> 39:19.760] The judges had a duty to act as a magistrate, and they failed to perform a duty that was
[39:19.760 --> 39:24.440] required to perform in the process, denied you the full free access to enjoyment of right.
[39:24.440 --> 39:27.760] That's a crime in every state.
[39:27.760 --> 39:29.280] Right.
[39:29.280 --> 39:34.200] And in the, they denied you in procedural due process and equal protection of the law.
[39:34.200 --> 39:40.280] They sued them all in the federal court, and they will claim immunity, and you'll claim
[39:40.280 --> 39:44.360] that they don't have immunity because they acted outside of scope.
[39:44.360 --> 39:49.440] Yes, and so I filed, I got all my criminal complaints against the judges.
[39:49.440 --> 39:55.400] I'm not going to give away the, you know, what, the end game that you, you know, that's
[39:55.400 --> 40:01.880] in Randy, because I kind of applied what you've taught me on the radio and with Randy's traffic,
[40:01.880 --> 40:03.480] what you taught in the traffic seminar.
[40:03.480 --> 40:08.240] There's a golden nugget in there, and I haven't made it that far yet, but I have filed my
[40:08.240 --> 40:16.360] criminal complaints about the judges and this attorney with the state, the Office of Attorney
[40:16.360 --> 40:17.360] General here.
[40:17.360 --> 40:25.400] So I've got to complain in against all these public officials and this private firm about
[40:25.400 --> 40:31.600] these criminal charges that I have, and, you know, and I wanted, I'd ask them to investigate
[40:31.600 --> 40:33.560] for public corruption.
[40:33.560 --> 40:40.680] Now I haven't heard anything back from them yet, and in the meantime, I have since been
[40:40.680 --> 40:42.320] and lost my job.
[40:42.320 --> 40:46.040] This attorney has harassed me, this one, I'm just, the father's brother, Brown's blood
[40:46.040 --> 40:47.040] is painted.
[40:47.040 --> 40:57.840] I've lost my job in fighting this guy, and so I'm in bankruptcy right now, and this guy
[40:57.840 --> 41:05.520] has filed a complaint on me in bankruptcy, Chapter 7, and that's where I'm at right
[41:05.520 --> 41:09.640] now, and I'm feeling the pressure because, you know, these people know I had to list
[41:09.640 --> 41:17.040] these lawsuits in my bankruptcy forms because the question is asked, you know, and from
[41:17.040 --> 41:24.800] what I understand, if I don't, if I claim after the bankruptcy's been discharged and
[41:24.800 --> 41:31.400] I didn't list those in my bankruptcy, they could get out of, they can file a motion to
[41:31.400 --> 41:38.280] dismiss based on the fact that I didn't list them in my bankruptcy schedules.
[41:38.280 --> 41:39.280] So I mean-
[41:39.280 --> 41:45.160] Wait, wait, what are you talking about not listing?
[41:45.160 --> 41:47.280] The claims against these public officials.
[41:47.280 --> 41:48.280] Oh, okay.
[41:48.280 --> 41:53.440] I've got a big time civil lawsuit claim, you know, I don't have a value determined yet,
[41:53.440 --> 41:59.440] I just, I've got my politics in place like you teach, and I haven't pulled the trigger
[41:59.440 --> 42:03.160] going to the, you know, like I said, that little golden nugget you talk about in the
[42:03.160 --> 42:10.480] traffic seminar, I haven't gotten that to that point yet, and I, but I do have it on
[42:10.480 --> 42:11.480] file.
[42:11.480 --> 42:16.720] Okay, so have you not seen any tort letters?
[42:16.720 --> 42:19.560] I've never written a tort letter and I've just, you know, no.
[42:19.560 --> 42:23.120] Okay, you don't have a pending claim.
[42:23.120 --> 42:24.320] I'm sorry?
[42:24.320 --> 42:30.760] You don't have, then you don't have a pending claim that they can establish, so you're not
[42:30.760 --> 42:35.840] going to have a pending claim until you send them a tort letter.
[42:35.840 --> 42:36.840] Okay.
[42:36.840 --> 42:44.000] I'm just, I'm working, I did get a job, I'm working, you know, 55, 60 hours trying to
[42:44.000 --> 42:49.960] keep my job right now, I'm in bankruptcy, I've got a complaint, I've got an answer here
[42:49.960 --> 42:57.320] in about, by the end of the month, and I did speak with Michael Maris about that, and so
[42:57.320 --> 43:05.120] I filed a, you know, I was sending him a letter of, you know, to, you know, I wanted to validate
[43:05.120 --> 43:10.840] this debt, because now he is acting as a debt collector and he references this down payment
[43:10.840 --> 43:18.760] as a debt owed to my mother-in-law, and I've requested validation, and he hasn't given
[43:18.760 --> 43:25.120] me that yet, so Michael Maris told me I should go in with, most of this mess, with a sworn
[43:25.120 --> 43:33.440] denial attached to it, and of course, you know, this man to come up and prove that this
[43:33.440 --> 43:34.440] was a debt.
[43:34.440 --> 43:39.960] Okay, hang on, about to go to break, Randy Kelton, you have our radio, I call in number
[43:39.960 --> 43:46.960] 512-646-1984, Oliver, Colleen, we'll see you there, we'll try to get to everybody, we'll
[43:46.960 --> 43:47.960] be right back.
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[45:59.880 --> 46:24.720] Whoa, whoa, oh, oh, oh, oh, oh Whoa, whoa, oh, oh, oh, oh, oh, yeah
[46:24.720 --> 46:33.840] always I must be careful what I'm wishing for when I'm hungry I like to know just what I'm
[46:33.840 --> 46:38.160] okay we are back Randy Kelton we're on radio we're talking to John in Arizona
[46:40.560 --> 46:46.000] okay John so what are you what is your position now what do you
[46:46.000 --> 46:53.920] actually why did you call what was your question I don't remember a specific question
[46:54.800 --> 47:02.000] no I know and I threw a lot at you in the in this amount of time um my and then I understand I'm
[47:02.000 --> 47:07.840] going I don't have a claim without a tort letter so I don't think it's not too late to get out of
[47:07.840 --> 47:15.520] tort letter against these officials is it yeah this is no claim unless you have actually made a claim
[47:16.400 --> 47:21.600] you know I can make a claim against Obama for annoying me
[47:23.840 --> 47:30.240] but I don't have that claim unless I've made that claim um anytime a policeman does something I don't
[47:30.240 --> 47:36.240] like I can sue him so it doesn't theoretically just become a claim because I could possibly
[47:36.240 --> 47:44.320] sue someone it doesn't come become a claim until you make it a claim and if you haven't
[47:45.600 --> 47:51.120] I certainly wouldn't you know the other side may not construe that you're going to sue them
[47:54.400 --> 48:01.600] so it seems like you're concerned that if you don't state the claims that that you have in
[48:01.600 --> 48:06.800] your mind that you might have that they know you have this in your mind that you might have it
[48:07.600 --> 48:18.480] how would they know that yeah um the thing the thing I'm concerned about is now I'm in bankruptcy
[48:19.760 --> 48:28.000] this attorney and I guess the question is is I'm considering filing a cross complaint
[48:28.000 --> 48:37.120] you know and I'm going to file a cross complaint under the federal debt in the in the bankruptcy
[48:37.120 --> 48:43.680] like an adversarial proceeding yes because it's an adverse yes he filed a complaint as an adversarial
[48:43.680 --> 48:53.440] proceeding and the fact is this is this was a gift it was supported by gift letter and he's trying
[48:53.440 --> 49:00.880] to turn a down payment into a loan a debt and and so and throughout the collection process
[49:00.880 --> 49:05.680] that this guy has violated the law and I know we don't have enough a lot of time here but he has
[49:06.160 --> 49:14.080] I have got documented uh things I can prove how he he broke the law a couple I just said earlier
[49:14.080 --> 49:22.000] but he's misled the court through that two years and um attacking my credibility or he's just
[49:22.000 --> 49:28.080] tried to go after my credibility as a person because I went after his uh on that last pendant
[49:28.800 --> 49:35.120] and so he's he's coming at me again in bankruptcy court with all these lies in his complaint
[49:36.320 --> 49:43.120] uh with and he's calling he's saying that I I'm committing fraud or I committed fraud
[49:43.120 --> 49:49.760] uh in the debt it shouldn't be discharged well I want to file cross complaint under the federal
[49:49.760 --> 49:55.200] debt collection practice and I just kind of wanted your take on that you know the trustee's kind of
[49:55.200 --> 50:03.840] coming at me with a uh they said I got a 2004 examination um next month I got a tenant I'm not
[50:03.840 --> 50:11.520] worried about it but it's just I know they know they looked at my claims that I've listed in my
[50:11.520 --> 50:18.080] schedules as I told you earlier and they look at me uh you know and they know I I I'll fight for
[50:18.080 --> 50:24.400] me know I I I'll fight back and I think they perceive me as one that that goes after public
[50:24.400 --> 50:31.680] officials because I had to list my claims and describe what my the nature of my claims in
[50:31.680 --> 50:39.360] in my schedule and uh you know so I'm just feeling a little pressure uh it sounds like I don't have
[50:39.360 --> 50:44.880] the politics perfected uh because I don't have the tort letters at all you know and then I'm still
[50:44.880 --> 50:50.160] want to know if you're in bankruptcy don't do the tort letters uh do another bar grievance
[50:52.000 --> 51:01.600] okay okay uh that against this attorney yes okay is he in a law firm
[51:02.880 --> 51:12.480] yes yes you might file a tort letter against the head the main partner of the law firm
[51:12.480 --> 51:21.280] yes I so file a tort letter against the head partner yeah accuse him of failing to adequately
[51:21.840 --> 51:27.840] supervise this lawyer you know what the bar is going to do is they say you can't file a tort
[51:27.840 --> 51:32.000] letter for that that don't mean anything and they will know we won't do anything but they'll
[51:32.000 --> 51:38.880] stick there at the law firm's insurance okay so what I did do Randy is it's interesting to say
[51:38.880 --> 51:45.680] that is back in early 2014 when they started this I did file send a letter to him basically
[51:46.560 --> 51:51.440] given it was a limb it was a cease and desist letter you know that basically paraphrase and
[51:52.240 --> 52:00.160] you know get your attorney off of me back off you know he has no claim uh you know and and uh
[52:00.720 --> 52:07.040] I can hold you liable as you know as a managing partner of the firm he is the senior partner
[52:07.040 --> 52:14.480] he is the senior partner according to the perfect bar grieve him he is going to be so unhappy
[52:16.240 --> 52:17.280] Randy I'm losing him
[52:19.680 --> 52:21.200] wait I'm losing you
[52:24.400 --> 52:34.480] you still there hello yeah I got you now okay yeah bar grieve the the manager of the law firm
[52:34.480 --> 52:40.400] that'll make you nuts and it may cost them their the law firm it's malpractice insurance that'll
[52:40.400 --> 52:47.680] really make them unhappy okay because we had someone here where they had to shut down the
[52:47.680 --> 52:53.920] law firm and reopen it under another name because they couldn't get malpractice insurance okay
[52:56.720 --> 53:01.840] well he this is I've got two against and they're legit I mean they're not just saying you looked
[53:01.840 --> 53:09.600] at me wrong buddy they look at less pendant and that false document uh that he that he filed you
[53:09.600 --> 53:18.000] know certificate of arbitrary certifying that it disqualified for that arbitration and um and so
[53:19.040 --> 53:24.640] okay go to go to bargrievance.website and go through the questionnaire
[53:25.600 --> 53:29.360] and you're likely to find some really cool stuff you can grieve them for
[53:29.360 --> 53:35.600] more okay you may find a bunch of grievances so you may be able to you know get a few more
[53:35.600 --> 53:40.240] in there to make sure that they they can't get malpractice insurance again
[53:42.080 --> 53:50.240] you know they're trying to put enough heat on you so that you'll knuckle and give in so return the favor
[53:52.880 --> 53:55.840] okay they're actually more vulnerable than you are
[53:55.840 --> 54:04.400] all right and that's what I want to believe I I I and I do believe that you know I I've
[54:04.400 --> 54:12.560] listened to you for four years now and um uh I just you know I just feel like it's
[54:13.200 --> 54:20.480] you know if this guy how can he turn this into a debt it wasn't a debt and he has to validate
[54:20.480 --> 54:26.720] that according to federal law and so I think and my question was uh
[54:30.880 --> 54:40.640] can I file my a counter complaint in in the form of the uh uh you know it might be a counter
[54:40.640 --> 54:48.480] complaint yes you you can file a a complaint in the bankruptcy has he he's filed an adversarial
[54:48.480 --> 54:56.320] proceeding yes and I have to I have to answer that in in uh you know about 10 more days and I've got
[54:56.320 --> 55:05.840] absolutely counter complaint in the adversarial okay okay take it back take it back to him he
[55:05.840 --> 55:15.600] wants to fight take it take the fight to him oh I'm going to he he just he he just brought up
[55:15.600 --> 55:21.520] you know there were some things that's statute of limitations that uh expired but he just he just
[55:21.520 --> 55:27.760] opened up that can of worms with me I'm I'm going to take it all the way back to his first letter
[55:27.760 --> 55:35.360] in which he attempted to I call it an extortion letter because he called that debt or that
[55:35.360 --> 55:43.040] down teaming a loan and um you know as far as you know and I guess I'm just going to go at
[55:43.040 --> 55:50.000] it from the angle that you know what you you know and he and he broke the law in his uh it through
[55:50.000 --> 55:58.240] a lot of acts that he committed as he was pursuing his collection against me I'm just going to yeah
[55:59.520 --> 56:05.360] you might consider her pursuing the criminal a little more aggressively
[56:05.360 --> 56:13.760] okay but he said not uh I shouldn't send the tort letters until not the tort letter the criminal
[56:15.120 --> 56:24.320] okay send criminal complaints to the grand jury okay that's okay and then when the prosecutor
[56:24.320 --> 56:31.120] interferes send a complaint to the grand jury against the prosecutor so you got the prosecutor
[56:31.120 --> 56:39.840] now being harassed by you because of this lawyer so how can I set this prosecutor up uh Randy
[56:40.720 --> 56:48.080] you know uh where I can prove let's just say he wants to you know he doesn't want to do his job
[56:48.080 --> 56:52.640] how can I effectively set him up you file it you file against him for official oppression
[56:53.360 --> 57:00.720] failure to perform a duty he's required to perform yeah they call it non-feasance here yeah yeah
[57:00.720 --> 57:06.320] that's malfeasance yeah I'm sorry I'm sorry that's not malfeasance that's misfeasance
[57:07.520 --> 57:14.160] yeah it's non-feasance well misfeasance is where you fail to do something you're required to do
[57:14.800 --> 57:21.680] malfeasance is where you exert or purport to exert an authority you don't express your head out
[57:21.680 --> 57:26.880] or do something you're not allowed to do that's malfeasance if you fail to do something that's
[57:26.880 --> 57:32.560] misfeasance and here well you might call it malfeasance because he made a determination
[57:34.400 --> 57:44.720] that he didn't want to bother prosecuting okay so you go after him for abuse of office
[57:46.720 --> 57:52.960] okay it's a misconduct and let a grand jury decide if he had
[57:52.960 --> 58:00.880] reason not to prosecute he's you can accuse him of shielding the prosecutor the lawyer from
[58:00.880 --> 58:11.120] prosecution do you have a shielding statute in arizona yes we do actually it's called
[58:11.120 --> 58:18.240] hindering prosecution and or obstructing criminal investigations of prosecution both under the
[58:18.240 --> 58:25.840] arf statute here perfect perfect go after the prosecutor for that one let him explain to a
[58:25.840 --> 58:33.120] grand jury and see if they agree with his decision to prosecute okay we're about to go to break
[58:33.120 --> 58:36.560] we really need to wrap this up on the other side we've got two more callers and
[58:36.560 --> 58:47.520] we've got only got one hour left this is randy kelton radio we'll be right back
[58:50.080 --> 58:54.000] would you like to make more definite progress in your walk with god
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[01:00:02.400 --> 01:00:06.320] the following these flashes brought to you by the low star low down
[01:00:06.880 --> 01:00:13.120] providing your daily bulletins for the commodities market today in history news updates
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[01:00:17.120 --> 01:00:27.440] the markets for wednesday the 17th of august 2016 are currently trading with gold at one thousand
[01:00:27.440 --> 01:00:32.080] three hundred forty nine dollars and thirty five cents an ounce silver 19 dollars and 68 cents an
[01:00:32.080 --> 01:00:38.560] ounce texas crude 46 dollars and 58 cents a barrel and bitcoin is currently sitting in about 572
[01:00:38.560 --> 01:00:51.280] u.s currency today in history the year 1982 the first compact discs or cds are released in public
[01:00:51.280 --> 01:00:57.280] in germany it was a recording from 1979 of claudio arao performing chopin's waltzes he
[01:00:57.280 --> 01:01:06.320] was invited to the langenhagen plant to press a star button in recent news u.s district judge
[01:01:06.320 --> 01:01:11.120] and jay brown sentenced corey laque the first defendant from the armed takeover in the oregon
[01:01:11.120 --> 01:01:15.280] wildlife refuge earlier this year to a two and a half year prison sentence for his role in the
[01:01:15.280 --> 01:01:20.080] federal conspiracy case he also have a three-year supervised release afterwards and an amount of
[01:01:20.080 --> 01:01:25.840] restitution be paid when that amount is determined in the future corey was the first of 26 down of
[01:01:25.840 --> 01:01:30.080] defendants who pleaded guilty to the armed conspiracy though conspiracy charges usually
[01:01:30.080 --> 01:01:35.200] carry a prison sentence of up to six years federal prosecutors settled for less as part of the plea
[01:01:35.200 --> 01:01:39.040] bargain agreement since corey was the first in the case to take responsibility
[01:01:44.320 --> 01:01:47.680] donald trump the republican presidential candidate was set to receive an intelligence
[01:01:47.680 --> 01:01:51.840] briefing in new york today the intent is to give him an inside scoop into the global threats that
[01:01:51.840 --> 01:01:56.400] the u.s is facing a standard procedure for major party candidates the briefing does not contain
[01:01:56.400 --> 01:02:01.520] sensitive intelligence not at the level of the presidential daily briefing for example but more
[01:02:01.520 --> 01:02:06.560] akin to the broad and descriptive testimony given by senior officials to congress each year at a
[01:02:06.560 --> 01:02:12.000] public hearing on global threats trump brought along general mike flinn former head of the defense
[01:02:12.000 --> 01:02:16.880] intelligence agency since the candidates are not required to hold security clearances but any aid
[01:02:16.880 --> 01:02:22.080] in the room with them does for the first 52 years of presidential candidate intelligence briefings
[01:02:22.080 --> 01:02:27.360] the cia gave them directly however since 2004 the office of the director of national intelligence
[01:02:27.360 --> 01:02:32.400] has now taken over this task the session includes a printed briefing book for each candidate
[01:02:36.400 --> 01:02:40.000] the welfare lowdown is pretty looking for sponsors if you have a product or a service
[01:02:40.000 --> 01:02:46.400] you like to advertise with us feel free to give me a call at 210-363-2257
[01:02:46.400 --> 01:02:57.840] this is rick rodey with your lowdown for august 17 2016
[01:03:16.880 --> 01:03:22.720] okay we are back randy kelton we're live on radio and we're talking to john in arizona john we
[01:03:22.720 --> 01:03:30.480] really need to move along i've got a full board of callers and only an hour left okay no no no
[01:03:30.480 --> 01:03:39.440] problem randy i appreciate uh i appreciate your your directors and opinions and and help but um
[01:03:39.440 --> 01:03:45.920] those just just hang in there with you the thing they count on is wearing you out
[01:03:47.520 --> 01:03:54.400] so go back after them they want to fight take the fight back to them when you start getting
[01:03:54.400 --> 01:03:59.920] on the prosecutor and the prosecutor starts feeling the heat because you know he's a political
[01:03:59.920 --> 01:04:06.880] official he's elected and these criminal complaints against him are likely to come back up when he
[01:04:06.880 --> 01:04:14.560] runs for election again he is not going to be a happy camper you're talking the district level
[01:04:14.560 --> 01:04:21.360] or county level uh which depending on what the complaint what the level of the complaint is
[01:04:22.640 --> 01:04:29.280] okay it's a misdemeanor or felony but either one of them they're both elected and they're
[01:04:29.280 --> 01:04:32.080] not going to like criminal complaints being filed against them
[01:04:32.080 --> 01:04:41.840] um well i got a criminal complaint filed against the county prosecutor already along with the
[01:04:42.480 --> 01:04:49.600] four other judges okay when you start filing against those guys the claim of of shielding
[01:04:49.600 --> 01:04:56.000] becomes very pertinent so you need to move up the ladder move out of the county out of the
[01:04:56.000 --> 01:05:03.600] the the local district up into the courts of appeals you know all of the judges are
[01:05:03.600 --> 01:05:12.320] magistrates all the way up to the supreme okay so start pushing and hey you start you know i i filed
[01:05:13.040 --> 01:05:18.880] six criminal complaints against the supreme the the justice of the the uh
[01:05:21.520 --> 01:05:25.200] the chief justice of the supreme court of the state of texas because he didn't
[01:05:25.200 --> 01:05:27.040] perform his duty as a magistrate
[01:05:30.800 --> 01:05:36.240] you can go all the way up to the top that's your advantage of being a civilian or a citizen
[01:05:36.240 --> 01:05:41.680] one of these i'm sorry rene every one of these every one of these officials wrote me back and
[01:05:41.680 --> 01:05:47.280] said they weren't going to do anything good then you you should have immediately filed against them
[01:05:47.280 --> 01:05:54.880] them yeah yeah well i did i filed a criminal complaint on them but uh i just haven't done a
[01:05:54.880 --> 01:05:59.600] tort letter yet so okay don't yeah if you're in bankruptcy don't do the tort letters yet
[01:05:59.600 --> 01:06:06.800] when you get out of bankruptcy okay all right okay thank you for calling we do need to move along
[01:06:07.440 --> 01:06:14.080] now we're going to go to oliver in texas hello oliver the third conference call was then
[01:06:14.080 --> 01:06:19.440] terminated a short time later after carrie and i can burst on a few personal items
[01:06:20.080 --> 01:06:27.600] oh that's interesting you sound very mechanical today oliver little information from her meetings
[01:06:27.600 --> 01:06:34.080] with the secret space program alliance trick okay we're not going to go into a conference call so
[01:06:34.080 --> 01:06:46.480] we must have lost oliver hello colleen hello randy how are you i am good did you send me any
[01:06:46.480 --> 01:06:53.680] documentation well um the last document i had sent on when you had requested me to email you
[01:06:53.680 --> 01:07:00.080] the county records like the borough where i was located so i've emailed you that information
[01:07:00.080 --> 01:07:06.880] i know that's that's what you don't remember me i don't remember seeing those to you that i think
[01:07:06.880 --> 01:07:13.520] it was that the 14th of august um that after that friday when i had called in i definitely emailed
[01:07:13.520 --> 01:07:19.280] it to you um of my location like i was located in the bronx county because you were asking about
[01:07:19.920 --> 01:07:29.120] the county record um county records information i'm looking at my email and it jumps from eight one
[01:07:29.120 --> 01:07:37.120] to eight eighteen for some reason oh no there it is and it's just a case you the number eight fourteen
[01:07:37.120 --> 01:07:43.600] okay uh first word of your email address
[01:07:43.600 --> 01:07:58.000] yes gee don't see it here i've got 12 miracle pinterest best warranty domain christopher
[01:07:58.640 --> 01:08:05.440] i don't see anything starting with the g's here uh got the globe life on the
[01:08:05.440 --> 01:08:13.040] the 50s i definitely sent it um but i did receive an email from you um you had said you had found
[01:08:13.040 --> 01:08:19.600] one of uh found another email that i had sent to you you had sent a correspondence that you have
[01:08:19.600 --> 01:08:27.760] found them found an email that i have sent i definitely sent you um the definitely i'm sorry
[01:08:27.760 --> 01:08:33.040] that that didn't go through i get a lot of emails so it's easy for me to get one lost
[01:08:33.040 --> 01:08:41.600] can you resend them to me well okay so just send me an email so i know the email address
[01:08:41.600 --> 01:08:49.520] and then i can do a search on that email address oh okay so basically what it was um it was just
[01:08:49.520 --> 01:08:56.000] uh is about um the county that i live in basically i think that's what you um just wanted just for
[01:08:56.000 --> 01:09:03.360] that time to be able to dig up uh some information about the property yes and the main thing i need
[01:09:03.360 --> 01:09:13.200] to look at to evaluate a property are the filings in the public record because those are the filings
[01:09:13.200 --> 01:09:20.640] in the public record is what will establish someone's right to a claim against the property
[01:09:20.640 --> 01:09:27.200] property if they don't have it filed in the public record as a rule in most every state
[01:09:28.160 --> 01:09:35.280] the claim is void in texas it says any claim against real property not properly acknowledged
[01:09:35.280 --> 01:09:41.520] or proven and filed in the public record is void is to the holder and most every state who has a
[01:09:41.520 --> 01:09:48.800] recorder of deeds has a similar statute so that's the first thing i want to see who has a claim
[01:09:48.800 --> 01:09:58.800] filed in the record is this all the land up the parcels uh primarily what you're looking for
[01:09:58.800 --> 01:10:07.520] are deeds of trust and assignments of the deeds of trust okay so basically what i'm what you're
[01:10:07.520 --> 01:10:15.440] looking for is if the current lender is listed on that exactly i want to see a direct chain of
[01:10:15.440 --> 01:10:22.400] holder status from the original lender to the current lender and then i'm going to go back
[01:10:22.400 --> 01:10:29.040] and look at each one of those you look at the current the original lender and then look at the
[01:10:29.040 --> 01:10:38.240] date on the assignment to this the first assignment i see whoever he served is assigned it to then i'm
[01:10:38.240 --> 01:10:42.240] going to check that date and then i'm going to go look on the internet and see when this
[01:10:42.240 --> 01:10:49.440] first lender went out of business if or when yes it did so if the first lender was out of business
[01:10:49.440 --> 01:11:00.800] i looked at one today it was option one mortgage or something they wrote the mortgage in 2007
[01:11:00.800 --> 01:11:14.080] in 2007 they assigned the mortgage to another party in 2011 problem they went out of business in 2008
[01:11:16.000 --> 01:11:23.040] ah good luck on that this is the kind of thing i'm looking for yeah oh there's a lot i could i
[01:11:23.040 --> 01:11:28.160] could tell you this from what i when i had to um actually go to the department to find that
[01:11:28.160 --> 01:11:33.360] information there's basically the whole fees and loans and everything is is what that is there's
[01:11:33.360 --> 01:11:41.680] loans and it's missing gaps as far as okay that's that's primarily what we need uh send me another
[01:11:41.680 --> 01:11:49.360] email and we'll correspond and uh okay i will get caught up and uh what i need to do is evaluate
[01:11:49.360 --> 01:11:55.360] your case and i'll tell you what you can do i need a statement of facts of time in a form of a timeline
[01:11:55.360 --> 01:12:03.040] and yes just this is what happened to you the same email that i sent before or would you
[01:12:03.040 --> 01:12:09.840] you basically just want me to send uh basically my my property address and uh uh the county is
[01:12:09.840 --> 01:12:16.160] that all or yeah and and it's just a statement of facts from your perspective
[01:12:16.160 --> 01:12:26.640] is pretty well want to know what all has gone on with this case oh okay okay so statement
[01:12:27.440 --> 01:12:34.720] of that okay i'll just know that okay uh you mean currently what's going on with it i'm not like
[01:12:34.720 --> 01:12:40.400] no no no i you you're putting a case at me and i'm stepping in the middle of something and i have
[01:12:40.400 --> 01:12:47.920] absolutely no idea what's already going on i need something to bring me up to speed
[01:12:50.320 --> 01:12:59.120] okay where are you now and how did you get there oh yeah i i actually had a few questions
[01:12:59.680 --> 01:13:04.960] uh okay i know i won't be able to get to all of them because you have another caller but
[01:13:04.960 --> 01:13:15.840] i i'm hoping i could at least get one question of answered um so uh i um yes this is yesterday's
[01:13:15.840 --> 01:13:22.160] show i basically was tuned in to your other callers in terms of um one had mentioned about
[01:13:22.160 --> 01:13:31.120] he was dismissed from a case and you had spoken to him about uh motions to file a motion to appeal
[01:13:31.120 --> 01:13:40.000] an emotion for reconsideration yes so my question is if hypothetically i do go through with
[01:13:40.000 --> 01:13:47.520] litigation with my house situation and the case is dismissed will i be able to file for motions
[01:13:47.520 --> 01:13:55.440] for reconsideration certainly certainly okay or that doesn't work for every type of okay hold on
[01:13:55.440 --> 01:14:04.400] reconsideration comes first and what you do is you you you take the judge's order
[01:14:05.360 --> 01:14:11.280] and rip it apart uh you're in new york i just did one in new york where the judge
[01:14:12.160 --> 01:14:18.960] used this garbage case law and he misapplied the case law that he did it was garbage when
[01:14:18.960 --> 01:14:25.680] he put it in there and because it was all district court rulings and not the court of appeal rulings
[01:14:25.680 --> 01:14:33.040] and then he misstated the case itself so i walked right down his order showing where this was wrong
[01:14:33.040 --> 01:14:39.280] this is wrong this is wrong and then when i got done with that i put in this issue was before
[01:14:39.280 --> 01:14:44.080] the court the court failed to hear it this issue was before the court court failed here and listed
[01:14:44.080 --> 01:14:52.000] all of those and then send that to him and say you made these errors please reconsider that's
[01:14:52.000 --> 01:14:59.600] effectively a request for a new trial well they will always deny your your motion to reconsider
[01:15:00.320 --> 01:15:07.360] right but what that does is it it stops the appeal clock
[01:15:07.360 --> 01:15:14.400] because you're going to you've got about 10 days to file this uh motion for reconsideration and
[01:15:14.400 --> 01:15:19.200] then you got to wait for the judge to rule on it sometimes it'll take 30 60 90 days
[01:15:20.480 --> 01:15:27.200] and the clock for appeal doesn't start until the judge denies your motion for reconsideration
[01:15:28.000 --> 01:15:33.360] so this gives you time to work on your briefing and the motion for reconsideration is the
[01:15:33.360 --> 01:15:41.520] beginning of your appellate brief so that moves moves you a step down the road and get
[01:15:41.520 --> 01:15:48.320] getting your brief done and it buys you more time so when the judge comes back and denies your
[01:15:49.280 --> 01:15:56.000] motion for reconsideration then the 90-day clock starts for the court of appeals but
[01:15:56.000 --> 01:16:00.320] now you've got half your brief done already now you just fill in your brief
[01:16:00.320 --> 01:16:06.080] okay the reason why i asked is um because i might have mentioned it but my mother had a case against
[01:16:06.080 --> 01:16:13.280] this property and they dismissed it under summary judgment and it was told when i spoke with the
[01:16:13.280 --> 01:16:19.120] lawyer he had explained to me that there wasn't evidence of the fraud and it was hard to believe
[01:16:19.120 --> 01:16:24.480] because i you know i was i just learned that there is so much there's nothing but fraud okay
[01:16:24.480 --> 01:16:31.120] that there is so much is nothing but fraud okay if your mother's case was was there is almost
[01:16:31.120 --> 01:16:40.240] certainly a rule 12 motion to dismiss a failure state of claim if if it was dismissed for failure
[01:16:40.240 --> 01:16:49.920] to state of claim that means there is no res judicata they didn't rule against her on any of
[01:16:49.920 --> 01:17:01.680] the merits so all of her claims are still alive she can refile are you being harassed by debt
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[01:18:59.520 --> 01:19:12.960] all new this is the logos the logos radio
[01:19:29.520 --> 01:19:37.920] okay we are back randy kelton rule of law radio and we're talking to colleen in new york
[01:19:40.480 --> 01:19:50.080] okay colleen where were we um you were explaining that um my mother's claims are still alive even
[01:19:50.080 --> 01:19:58.080] though her case was dismissed um but um i just my question is her claims are still alive even if
[01:19:58.080 --> 01:20:03.840] she's not because she's she's of course she she's deceased so even though i'm not i don't own the
[01:20:03.840 --> 01:20:11.360] property will i still be allowed to no no no if she didn't uh she would have had to quit claim
[01:20:11.360 --> 01:20:19.600] her claim to you did you inherit the properties that's that's basically what we're what we're
[01:20:19.600 --> 01:20:25.200] uh dealing with right now it's it's just it's a huge mess it's hard to explain all of it on
[01:20:25.200 --> 01:20:30.800] the phone it's impossible if you would have been the heir to the property you would inherit the
[01:20:30.800 --> 01:20:38.960] claim so yes you would have standing she would have only she would only she no no you would
[01:20:38.960 --> 01:20:48.400] have standing since you would inherit her claim okay okay um okay thanks um so my my question is
[01:20:48.400 --> 01:20:56.000] how i know this is just far-fetched but so how um could that how would i pursue that in terms of
[01:20:56.000 --> 01:21:03.760] opening up that dismissed case how old is the case no you can't open that case you you file another
[01:21:03.760 --> 01:21:11.280] case against you file wrongful foreclosure or right right that's basically what i'm i'm trying
[01:21:11.280 --> 01:21:17.280] to do now but yeah that case is pretty old they reached a statute of limitations in 2008 but she
[01:21:17.280 --> 01:21:26.320] died in 2011 so it's it's been five years since you know okay so what your your claim would be
[01:21:26.880 --> 01:21:36.000] like it would be a fresh claim how long ago did they take the property i'm sorry how long okay
[01:21:36.000 --> 01:21:43.840] they took the property in 2008 no um no they didn't take the property in 2008 she was basically she
[01:21:43.840 --> 01:21:49.360] filed a suit to save the property with bankruptcy and everything but they they never took the
[01:21:49.360 --> 01:21:55.120] property but we're in the foreclosure process moving property when did they take the property
[01:21:55.120 --> 01:22:02.320] in a stay um they basically released the stay as of monday the 18th the 15th of august it was a 60
[01:22:02.320 --> 01:22:08.800] day stay from the last conference so um this is where it's just so confusing because i don't even
[01:22:08.800 --> 01:22:13.760] know okay now wait a minute wait a minute did they did they have they still not taken your mother's
[01:22:13.760 --> 01:22:25.840] property no they haven't taken it oh everything's still good to go uh oh well hold on hold on
[01:22:25.840 --> 01:22:31.520] we're starting it now because uh they gave us a stay but they they dropped it wait wait hold on
[01:22:31.520 --> 01:22:39.040] hold on hold on uh when did they first try to foreclose
[01:22:43.440 --> 01:22:47.280] when my parents passed away no no i need a date
[01:22:53.520 --> 01:22:56.480] a year yeah that give me a year
[01:22:56.480 --> 01:23:06.640] a year help me out here i'm trying to find statute of limitations give me a date 2008 9 10 11 12 13
[01:23:06.640 --> 01:23:07.520] 2000 something
[01:23:11.920 --> 01:23:24.240] we're miscommunicating 2011 sir okay wait say that again 2011 okay so it's now 2016
[01:23:24.240 --> 01:23:29.600] 2016 in california and in new york they've got six years
[01:23:32.880 --> 01:23:35.120] are they trying to foreclose now
[01:23:41.520 --> 01:23:48.880] are you there celine yes i'm here are they trying to call it foreclose now yes
[01:23:48.880 --> 01:23:55.520] yes okay have you filed an opposition
[01:23:59.200 --> 01:24:05.680] well we haven't um gotten there in terms of uh the sell date on the property it just they're
[01:24:05.680 --> 01:24:12.480] just starting it as far as the they released the sell the um the the stay excuse me wait
[01:24:12.480 --> 01:24:21.920] you're in new york there has to be a that's a mortgage state there has to be a foreclosure hearing
[01:24:23.840 --> 01:24:24.160] yes
[01:24:27.200 --> 01:24:33.520] have they already sued for foreclosure we're waiting for that basic that hearing
[01:24:33.520 --> 01:24:42.240] wait a minute that hearing okay hold on have they already sued for foreclosure no
[01:24:44.960 --> 01:24:50.240] they haven't sued for foreclosure we just had our final settlement in june 15th
[01:24:50.800 --> 01:24:55.440] wait a minute your foreclosure court okay you understand that you're not giving me
[01:24:55.440 --> 01:25:07.040] referential index final settlement on what on an offer for to keep the property in terms of their
[01:25:07.040 --> 01:25:15.120] loan modification oh okay you can i'm struggling here to try to sort this out so
[01:25:15.760 --> 01:25:22.560] they're they're dealing with you so they've accepted you as having been standing to adjudicate
[01:25:22.560 --> 01:25:29.520] and standing to adjudicate the property okay so you just had a loan modification
[01:25:30.720 --> 01:25:32.880] you need to file a notice of rescission
[01:25:35.600 --> 01:25:41.360] yes that's that's basically um that's what we we had spoken about um but i just didn't know how
[01:25:41.360 --> 01:25:46.720] to get to that point of how to file a notice of rescission or you are hereby given notice
[01:25:46.720 --> 01:25:56.000] is that this note is rescinded period that's really all it takes
[01:25:59.440 --> 01:26:08.400] you should look up jasinowski just do a search for jasinowski v oh who was it
[01:26:09.520 --> 01:26:16.080] just look up the jasinowski decision you'll find this case it's a recent case on rescission
[01:26:16.080 --> 01:26:21.600] all you have to do is give them notice that you rescind you might give them notice that
[01:26:21.600 --> 01:26:34.320] you rescind under 15 us code 1635 i 1635 i renews the right to rescind once there is a notice of
[01:26:34.320 --> 01:26:45.360] acceleration the notice of acceleration starts the foreclosure process have you received a notice
[01:26:45.360 --> 01:26:53.440] that the lender is accelerating the note no we haven't oh then you're not even in at the
[01:26:53.440 --> 01:26:59.680] foreclosure process yet so it's you need to wait until they give you notice that they're
[01:26:59.680 --> 01:27:06.880] accelerating the note and as soon as they do you send them a uh notice of rescission
[01:27:06.880 --> 01:27:20.560] uh in order to be sure i can construct you one that yes i need in order to rescind the note you
[01:27:20.560 --> 01:27:34.640] have to be able to show at least 35 in unnoticed fees or show that the broker fee was not included
[01:27:34.640 --> 01:27:46.080] in the interest and both of those you'll be able to do easily so uh send me another email with a
[01:27:46.080 --> 01:27:52.480] phone number and i'll call you we'll talk about this offline so i can get all the details i can
[01:27:52.480 --> 01:27:58.880] do it better off the air uh you know i'll get all the details and we'll work out how to move ahead
[01:27:58.880 --> 01:28:06.240] from here okay okay so just to be clear um i'm sending an email i just want to be certain that
[01:28:06.240 --> 01:28:16.400] i send you the correct email so i'm sending you an email of a statement of facts yeah just send me
[01:28:16.400 --> 01:28:22.720] an email so it comes up just so i have your email address at the top of my list because i get about
[01:28:22.720 --> 01:28:29.120] 100 a day so it gets buried fast so just send me one so to be at the top and then i'll look up all
[01:28:29.120 --> 01:28:43.120] your emails and then i'll call you and i'll sort out what we need okay um sure it'll be easier to
[01:28:43.120 --> 01:28:53.600] do this off the air yes um okay you know just just send me the email and i'll get a whole living
[01:28:53.600 --> 01:29:00.880] will be good oh sure with all the information about no don't worry about all the information
[01:29:00.880 --> 01:29:05.360] just send me an email so i have it and then i'll call you and we'll sort out what i need
[01:29:05.360 --> 01:29:12.160] all right okay thank you no problem okay thank you colleen i would
[01:29:15.920 --> 01:29:23.120] okay now we're going to go to rodney in texas hello rodney randy how you doing haven't talked
[01:29:23.120 --> 01:29:28.640] with you in a while it's been a while but it's going to be a little while longer because
[01:29:29.200 --> 01:29:34.000] we're getting right up to the break we won't have time to get started before the break it's here this
[01:29:34.000 --> 01:29:41.120] is randy kelton rule of law radio uh william give out a call number we only got two segments
[01:29:41.120 --> 01:29:48.880] left we've got two callers so we probably oliver i tried to get to you but uh somehow i got a
[01:29:48.880 --> 01:29:55.280] conference call so i might not get back to you before the end but hang on in case i do we'll
[01:29:55.280 --> 01:30:03.520] be right back it seems like everywhere you turn nowadays someone wants your name
[01:30:03.520 --> 01:30:07.520] social security number and date of birth but you should think twice before giving away your
[01:30:07.520 --> 01:30:13.760] personal data i'm dr katherine albrecht and i'll say more in just a moment google is watching you
[01:30:13.760 --> 01:30:18.560] recording everything you've ever searched for and creating a massive database of your personal
[01:30:18.560 --> 01:30:24.320] information that's creepy but it doesn't have to be that way startpage.com is the world's most
[01:30:24.320 --> 01:30:29.440] private search engine startpage.com doesn't store your ip address make a record of your searches
[01:30:29.440 --> 01:30:34.480] or use tracking cookies and they're third party certified if you don't like big brother spying
[01:30:34.480 --> 01:30:40.640] on you start over with startpage great search results and total privacy startpage.com the
[01:30:40.640 --> 01:30:46.080] world's most private search engine forms forms forms they're everywhere but just because a piece
[01:30:46.080 --> 01:30:51.040] of paper asks for information doesn't mean you have to give it i like blank spaces on forms all
[01:30:51.040 --> 01:30:57.280] the time or i write n slash a for not applicable and usually nobody notices or cares i never give
[01:30:57.280 --> 01:31:02.240] my social security number or date of birth unless it's absolutely mandatory for employment or a
[01:31:02.240 --> 01:31:07.120] government requirement and i won't give my phone number to a company or an organization unless i
[01:31:07.120 --> 01:31:11.520] actually want them to call me and that's pretty rare to preserve our vanishing privacy we need
[01:31:11.520 --> 01:31:17.120] to practice saying no to random data requests it's like exercising a muscle it gets easier
[01:31:17.120 --> 01:31:27.840] the more you do it i'm dr katherine albrecht more news and information at katherinealbrecht.com
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[01:33:01.680 --> 01:33:09.680] you are listening to the logos radio network logosradionetwork.com
[01:33:09.680 --> 01:33:30.960] okay we are back randy kelton rural radio and we're talking to rodney in texas okay go ahead rodney
[01:33:30.960 --> 01:33:39.760] hey randy uh that website that you gave earlier about bar grievances was it bargrievances.com
[01:33:40.640 --> 01:33:43.120] no bargrievance.website
[01:33:48.720 --> 01:33:56.400] that website is a fairly new one i lost bargrievance.com someone else has got it
[01:33:56.400 --> 01:34:01.280] was going to send it to me but i never got it transferred so i can't use that one
[01:34:03.120 --> 01:34:09.760] okay now that was my first question my second question is if you file a bark grievance against
[01:34:09.760 --> 01:34:17.440] uh an attorney who works for let's say the state of texas or the federal government
[01:34:17.440 --> 01:34:25.440] how does that affect them uh the each lawyer the lawyers for the that are working for governmental
[01:34:25.440 --> 01:34:35.360] entities are covered by a bond but essentially it's the same thing it's insurance and when you
[01:34:35.360 --> 01:34:42.960] grieve the lawyer it affects his bond ratings bond rating goes up and he'll reach a point to work
[01:34:42.960 --> 01:34:48.560] where the bonding company will refuse to bond him and if you can't get bonded he can't be a lawyer
[01:34:48.560 --> 01:34:55.920] for him and if he can't get bonded for governmental agency once he gets out he can't get malpractice
[01:34:55.920 --> 01:35:05.280] insurance yes the reason why i ask that is because i know of several state attorneys
[01:35:05.920 --> 01:35:12.960] who have had bar grievances filed against them several bar grievances against these attorneys
[01:35:12.960 --> 01:35:26.000] and they still manage to uh practice uh with it's harder to get uh a some a attorney's bond
[01:35:26.720 --> 01:35:33.600] revoked than it is to get malpractice insurance dropped and that's generally because the bond
[01:35:33.600 --> 01:35:40.960] carrier doesn't just ensure that one attorney he ensures a whole bunch of people so he can absorb
[01:35:40.960 --> 01:35:53.760] one a lot better than the say a regular insurance company now okay now uh go ahead i'm sorry
[01:35:54.640 --> 01:36:02.560] well it's still hurts them it puts a really nasty mark on their chart and if this you know if you
[01:36:02.560 --> 01:36:11.200] got several attorneys in an office and what and an opening comes up for advancement this guy's not
[01:36:11.200 --> 01:36:23.520] going to get it because the bar grievance makes him a bad risk i agree with you i've had to file
[01:36:23.520 --> 01:36:30.960] bar grievance against an attorney who was running for political office and uh i didn't know it at
[01:36:30.960 --> 01:36:39.200] the time but it did adversely affect uh him and his uh political race yeah that's what they get
[01:36:39.200 --> 01:36:47.840] for being naughty and now here's the other thing i'm involved in a uh administrative hearing which
[01:36:47.840 --> 01:36:52.800] is all being overseen by an attorney that i'm going to have to call a bar grievance against
[01:36:52.800 --> 01:37:02.960] but uh this hearing officer refuses to issue a subpoena uh and clearly i looked at the civil
[01:37:02.960 --> 01:37:11.760] procedures in my case and it gives this hearing officer the jurisdiction to issue subpoenas for
[01:37:11.760 --> 01:37:21.520] expert witnesses uh that and that i intend to call but this hearing officer resuses to do a claim
[01:37:21.520 --> 01:37:28.560] in that she's not sure that she has jurisdiction when when the the uh civil procedures that i've
[01:37:28.560 --> 01:37:36.720] looked at gives her that jurisdiction so how do i deal with uh petition a if okay this is an
[01:37:36.720 --> 01:37:42.480] administrative hearing if you get past the administrative hearing without a resolution
[01:37:42.480 --> 01:37:49.840] what court would your issue go to district court the petition the district court for
[01:37:49.840 --> 01:37:57.280] district court for a writ of mandamus now you're not going to get the court's not going to issue
[01:37:57.280 --> 01:38:06.320] the writ but you don't care you petition for the writ claiming that the this administrative hearing
[01:38:06.320 --> 01:38:11.600] judge has the authority to do it but she just doesn't understand that she has the authority
[01:38:11.600 --> 01:38:17.840] to do it and ask this court to order her to well what the court will actually do is look at your
[01:38:17.840 --> 01:38:24.800] case law and if you've made a good point he'll call this administrative law judge and say look
[01:38:26.160 --> 01:38:27.840] you got authority do it
[01:38:31.280 --> 01:38:35.840] so just a a man a petition for writ of mandamus will probably take care of that
[01:38:37.280 --> 01:38:45.520] well and and and and just so that you know she told me that i had not given her sufficient
[01:38:45.520 --> 01:38:54.400] information to merit her issuing a subpoena which is not true and then she then she went on to say
[01:38:54.400 --> 01:39:01.760] that she wasn't even sure she had jurisdiction and that's a that's a great make your case to
[01:39:01.760 --> 01:39:11.040] the district judge in the form of a writ of mandamus writ of mandamus you ask the court to mandate
[01:39:11.040 --> 01:39:20.000] to a lower court what the law requires the lower court to do and due process requires that you be
[01:39:20.000 --> 01:39:29.600] given access to wait a minute subpoena why do you need this subpoena your own expert witness
[01:39:31.680 --> 01:39:38.000] well the expert witnesses work for a different institution a third party institution
[01:39:38.000 --> 01:39:49.920] and they can't they're under contract so if i try to get them to come in on an affidavit or something
[01:39:49.920 --> 01:39:56.640] like that they could risk being fired so okay so they have to have plausible deniability yeah okay
[01:39:56.640 --> 01:40:02.480] they have to be ordered to come okay right there has to be a court order and this hearing officer
[01:40:02.480 --> 01:40:09.440] knows i've been in this situation before remember i started uh you you started schooling me on these
[01:40:09.440 --> 01:40:16.480] things uh six seven eight nine years ago so i i know that the hearing officer has jurisdiction
[01:40:16.480 --> 01:40:26.000] but uh the word that you used earlier is she's uh under contract by this state agency and
[01:40:26.000 --> 01:40:32.480] uh basically i just feel like she's shielding the the uh the uh defendants in this case
[01:40:34.480 --> 01:40:39.920] yeah yeah okay in that case just take it out of her hands and take it to the district court
[01:40:40.560 --> 01:40:45.600] she's not going to like a district judge looking over her shoulder and telling her what to do
[01:40:46.160 --> 01:40:51.600] so if she is trying to do a little song and dance this is probably get that taken care of
[01:40:51.600 --> 01:40:58.560] are there any sample uh rid of mandamus this is uh a website or some place that i can go to
[01:40:58.560 --> 01:41:04.480] just take a look at a sample what one what one would look like if i'm uh writing up a rid of
[01:41:04.480 --> 01:41:15.920] mandamus a rid of mandamus uh looks like a habeas corpus it's formatted the same way just to go on
[01:41:15.920 --> 01:41:22.240] the internet and do a search for texas rid of mandamus and you'll find probably several you'll
[01:41:22.240 --> 01:41:31.440] not only find several uh examples but you'll find some treatments by lawyers you know i used to use
[01:41:31.440 --> 01:41:38.000] lexus and westlaw to do my legal research i don't even bother with that anymore i go on the internet
[01:41:38.000 --> 01:41:43.360] and you have all these lawyers that specialize in certain things and you can find them on the
[01:41:43.360 --> 01:41:50.880] internet you have all these lawyers that specialize in certain areas and and they they want other
[01:41:50.880 --> 01:41:58.080] lawyers to recommend them so they put these treatises online addressing a given subject
[01:41:58.080 --> 01:42:06.400] whatever their primary expertise is in uh man you find really nicely written presentments
[01:42:06.400 --> 01:42:13.520] with it it just looks like a brief and i take these things and i rip them apart and stuff them
[01:42:13.520 --> 01:42:21.440] in my pleadings just look online for do a search for rid of mandamus and maybe add some keywords
[01:42:21.440 --> 01:42:29.040] like uh administrative proceeding whatever the subject of the proceeding is and see if you don't
[01:42:29.040 --> 01:42:37.840] get some lawyer posting a treatise on that subject tell you stuff you never thought about i'm just
[01:42:37.840 --> 01:42:46.000] amazed at how many gems i found one of those today in doing research on the right to record
[01:42:46.000 --> 01:42:52.160] public officials something i would have never thought of when i told an earlier caller that you
[01:42:52.160 --> 01:43:03.760] have to have a a reason you have to have a a an audience and a subject matter to present to that
[01:43:03.760 --> 01:43:09.360] audience to have a verifiable right i don't ever thought of something like that but it's in one of
[01:43:09.360 --> 01:43:14.560] these treatises you'll find somebody who treats the whole subject for you and you'll find great
[01:43:14.560 --> 01:43:22.080] information so just do a search for texas rid of mandamus how much would it cost you to do that
[01:43:22.080 --> 01:43:29.360] cost me to uh write up a treatise presented to the district court so you know i just want to kind of
[01:43:29.360 --> 01:43:35.040] you know i'm not sure i don't think you have i don't think they charge you for this i think
[01:43:35.040 --> 01:43:42.960] you just filed because you're not filing a case well thank you very kindly for your patience uh
[01:43:42.960 --> 01:43:49.520] randy okay you are welcome and we're about to go to break the oliver will pick you up on the other
[01:43:49.520 --> 01:44:03.680] side grand account ruler radio we'll be right back non-gmo solutions.com is now a proud sponsor
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[01:46:03.920 --> 01:46:26.320] okay we are back randy kelton radio we're going to oliver in tennessee hello oliver
[01:46:26.320 --> 01:46:35.360] hello okay we got you this time how you doing doing good what do you have for us today
[01:46:36.480 --> 01:46:42.720] um actually that was a little something but did you get a chance to look over what i've sent you
[01:46:44.320 --> 01:46:52.800] i don't recall seeing anything from you when did you send it um i sent you a copy of both of the
[01:46:52.800 --> 01:47:00.480] suits um one of them was a false imprisonment and the other one was the
[01:47:03.360 --> 01:47:10.240] uh recovery property what's the first word on your email address i should remember it by now
[01:47:12.160 --> 01:47:20.800] um i i put all of it on top of it so okay i'll just do a search for oliver
[01:47:20.800 --> 01:47:28.880] okay oliver from tennessee oh lisa o'handland have you talked to lisa o'handland
[01:47:29.760 --> 01:47:36.640] yes i did okay because the last one i have from you is false imprisonment
[01:47:38.320 --> 01:47:41.840] right i don't have two suits from you
[01:47:41.840 --> 01:47:50.480] here well maybe i haven't sent the other ones because you you uh looked at it and
[01:47:50.480 --> 01:47:59.120] and re-reformatted for me so i kind of use the same reformatted okay that was yeah can you resend
[01:47:59.120 --> 01:48:08.320] the the two that you filed and i will have a look at them oh okay i've got oliver suit keith
[01:48:08.320 --> 01:48:14.080] yes keith is the one that i just filed for the false imprisonment okay
[01:48:15.840 --> 01:48:25.600] okay execution civil rights claim oh this looks way better okay all right before you go into that
[01:48:25.600 --> 01:48:31.840] let me tell you what happened so something else happened that involved that though um i had another
[01:48:31.840 --> 01:48:39.440] case where uh evading the ranch that i'm dealing with right now and you know they can't they can't
[01:48:39.440 --> 01:48:48.720] produce the tape so i went and filed the tape through a public uh records request once i did
[01:48:48.720 --> 01:48:55.040] that because i filed the suit they changed the whole thing around they they made them they made
[01:48:55.040 --> 01:49:02.400] it go through city hall and everything so i'm like okay i filed to city hall i filed to the video uh
[01:49:02.400 --> 01:49:07.680] i never got a response so i called the other day i'm determined that day i'm like hey
[01:49:08.960 --> 01:49:13.760] at early morning they're like what we're going to this all everything has been sent to the city
[01:49:13.760 --> 01:49:18.240] attorney's office and then handled it i'm like city attorney they're like why is it in the city
[01:49:18.240 --> 01:49:25.200] attorney office like i don't know but that's where it is right now and uh so if i see him i won't tell
[01:49:25.200 --> 01:49:30.720] him to call you this is eight o'clock in the morning i ain't get no calls two or three o'clock
[01:49:30.720 --> 01:49:35.840] now i'm like okay y'all gonna make me come down there calling i won't i'm calling calling
[01:49:35.840 --> 01:49:42.240] they said nobody they won't pick up the phone so i finally did decide to go down there but
[01:49:42.240 --> 01:49:48.640] so they get up the phone ring i'm like okay i got the phone it's the city attorney he's telling me
[01:49:48.640 --> 01:49:55.840] over the living day i'm meant to call you but um i'm sorry i'm gonna have to do that that i have
[01:49:55.840 --> 01:50:02.320] the request i'm like what well well the thing is um you have an attorney assigned to you and you
[01:50:02.320 --> 01:50:08.480] know we can't give you a video because the law says this this this i'm like i said listen i know
[01:50:08.480 --> 01:50:14.320] what the law says you're saying i know i i understand exactly what that means i'm like but
[01:50:14.320 --> 01:50:21.280] if they followed the law and provide me their video i wouldn't be uh in your office following
[01:50:21.280 --> 01:50:27.520] but it's following but it's following but it's request right now he just sat there he was
[01:50:27.520 --> 01:50:34.560] trying to listen like that's the problem i like i like this this public pretender he started
[01:50:34.560 --> 01:50:39.360] definitely because he was probably pretended that you're trying to tell me it's so good
[01:50:39.360 --> 01:50:46.880] trying to throw me on the bus three times trying to make me plea out and uh conference and uh make
[01:50:46.880 --> 01:50:54.000] a deal and never even saw a video telling me that there's no video and then when i go and get when
[01:50:54.000 --> 01:51:00.880] i go and look for myself i find the video and then he's like what he's like what i'm like yeah
[01:51:00.880 --> 01:51:10.720] exactly but have you bar grieved him yet who your attorney not yet i got so much going on it's too
[01:51:10.720 --> 01:51:18.240] much it's too much law going on at once ready you can do that real easy go to uh bar grievance dot
[01:51:18.240 --> 01:51:25.440] website right but but one thing to go there for is not in not necessarily to bar grieve them
[01:51:25.440 --> 01:51:34.080] um but go there and select the bar grievous questionnaire it's a really nice tool to walk
[01:51:34.080 --> 01:51:42.880] you through the codes quickly and just go through a few of those you'll you'll be surprised at what
[01:51:42.880 --> 01:51:49.600] your lawyer is required to do in terms of professional conduct so you'll know better
[01:51:49.600 --> 01:51:58.560] how to ask the lawyer for what you want and expect to get it if he doesn't give you what you want then
[01:51:58.560 --> 01:52:07.920] you can accuse him of acting improperly and accuse him in the verbiage of the standard
[01:52:07.920 --> 01:52:13.760] that he's violating and he'll recognize it it may well get him off the dime but if he doesn't get
[01:52:13.760 --> 01:52:19.600] off the dime then you bar grieve him when you bar grieve him he's going to go to the court and
[01:52:19.600 --> 01:52:27.200] move the court to allow him to withdraw and when they do you go object to it vigorously
[01:52:28.320 --> 01:52:35.680] that he's your lawyer he's under contract and you want him to do his job yeah if you let that
[01:52:35.680 --> 01:52:42.880] lawyer withdraw then you'll get a continuous and delay my case even longer right yeah so
[01:52:42.880 --> 01:52:51.040] i understand that oh you said bargrievance.com right yes no but bargrievance.website.website all
[01:52:51.040 --> 01:52:58.640] right um i've been i understand that method and uh i haven't i didn't i haven't used your method
[01:52:58.640 --> 01:53:04.720] but i've been applying a method that does the same thing and um it's as long as it works
[01:53:05.520 --> 01:53:11.040] and if yours works and it's not the same as mine i want to know what it is so i can steal it and
[01:53:11.040 --> 01:53:20.400] do it myself okay so now the now the steady is intended like what uh i'm like so i said uh and
[01:53:20.400 --> 01:53:27.120] he and then i don't like well if i said that's why it may seem aggressive when i'm doing certain
[01:53:27.120 --> 01:53:31.920] things i'm like well there's there's no need for a threat i said threats i mean what you talking
[01:53:31.920 --> 01:53:40.080] about i said uh i believe in a productive community in the product in the product there's no room for
[01:53:40.080 --> 01:53:45.680] threats in a productive community city of time as you can see i don't do threats
[01:53:47.360 --> 01:53:54.480] i file two lawsuits i don't do threats i put laws around i'll do threats and then yeah you always
[01:53:54.480 --> 01:53:59.280] have to be careful when you're talking to these guys because they're looking for any reason they
[01:53:59.280 --> 01:54:07.200] can to discredit you oh i'm i'm too good at it i said i don't do threats i said as you can see i
[01:54:07.200 --> 01:54:13.840] don't do threats i said i said uh i said i stand up for my rights and that's the only reason that
[01:54:13.840 --> 01:54:19.840] i stand not convicted to date not because you're this attorney that you're talking about is it is
[01:54:19.840 --> 01:54:26.880] good at all he said well i'm going to call the da's office right now and tell them that there's
[01:54:26.880 --> 01:54:33.760] a video i'm going to call your attorney right now and tell them that he needs to get a hold of this
[01:54:33.760 --> 01:54:39.120] video immediately and get a copy to it we're going to give this video to you and uh i'm going to make
[01:54:39.120 --> 01:54:44.880] sure that this is taken care of this is nothing like i'm sitting here like wow i'm like is it
[01:54:44.880 --> 01:54:50.320] he don't want you to bargain with him again yeah i'm sitting here like isn't this the man who was
[01:54:50.320 --> 01:54:57.040] attacking me three four months ago now now you're going through like now you're going over there to
[01:54:57.040 --> 01:55:02.320] take care of a charge for me because you're going to know that i'm going to sue for that charge that
[01:55:02.320 --> 01:55:10.000] i already got of course in prison too so funny how that works you already know that i write my
[01:55:10.000 --> 01:55:16.720] things in detail so you're going to have another 50 page lawsuit on your desk and then you want me
[01:55:16.720 --> 01:55:22.880] include everything else into it i mean i'm seeing like wow you you i'm like you're going to do what
[01:55:23.760 --> 01:55:29.840] i said what you're going to call them and let them know that this is out there in this game that this
[01:55:29.840 --> 01:55:37.040] is not going to this is not going to go down well i'm like well i was having fun dealing with it
[01:55:37.040 --> 01:55:43.760] myself but if you're going to assist me fine i'm like yo this is crazy all my enemies are becoming
[01:55:43.760 --> 01:55:51.600] my friends yeah this is is one of the things that once we've we've taken him on and fought them
[01:55:52.240 --> 01:55:58.640] pretty hard uh the next time we see them they want to be our buddies i was just at the tax
[01:55:58.640 --> 01:56:04.000] collector's office today and i asked for some information from a clerk and she said i'd have
[01:56:04.000 --> 01:56:10.480] to talk to their attorney said no ma'am i do not want to talk to your attorney because every time
[01:56:10.480 --> 01:56:16.640] i talk to an attorney i wind up with my boot and his professional behind and i don't want to have
[01:56:16.640 --> 01:56:22.720] an issue here well we can't provide you this you'll have to talk to the attorney i said well if i do
[01:56:22.720 --> 01:56:30.160] that then it's going to be formal and i'd rather find out what i need informal because when it
[01:56:30.160 --> 01:56:37.920] becomes formal i am not understanding and i am not reasonable and i'd rather be understanding
[01:56:37.920 --> 01:56:45.120] and reasonable she went back got the tax assessor collector himself and he come out and looked at me
[01:56:45.120 --> 01:56:55.680] well hello mr kelton it's been a long time and we had a really good interview and he gave me some
[01:56:55.680 --> 01:57:03.360] really good inside information so sometimes it helps and and well see at a meeting the way i
[01:57:03.360 --> 01:57:09.680] went to warn him about my rights of my property and what i would do if he did anything i told
[01:57:09.680 --> 01:57:16.000] him that i was going to sue i was going to get him for fraud and sue him too so and then now he'd
[01:57:16.000 --> 01:57:22.480] seen these suits have nothing with what i promised that i was going to do so so you didn't threaten
[01:57:23.360 --> 01:57:30.080] you promised i promised i told him i warned him i said listen if you violate my rights which i'm
[01:57:30.080 --> 01:57:34.960] telling you right now i have it i have it on video i have it on right i have it recorded
[01:57:34.960 --> 01:57:41.760] you're telling me that the state authorizes you to give you a right under some magnificent magic
[01:57:41.760 --> 01:57:47.440] number that you still haven't given me you tap down you tap dance around the law and they
[01:57:47.440 --> 01:57:52.800] give me no numbers but i've got numbers i got statues your own statues that's telling me you
[01:57:52.800 --> 01:58:00.400] can't do this so you do it i'm gonna make sure that i put you in the hot seat and and the thing
[01:58:00.400 --> 01:58:07.600] is he got two suits on his desk and none of them has uh completed the promise that i made
[01:58:07.600 --> 01:58:12.720] and he knows i'm going to stick to it good wonderful we're going to run out of time here
[01:58:13.520 --> 01:58:20.560] have they answered any of your suits uh no they got an attorney got an attorney who accepted
[01:58:21.360 --> 01:58:27.680] so 20 to 20 days is generally the limit for most states 20 30 max
[01:58:27.680 --> 01:58:33.200] but in a couple days i'm going to file a writ for immediate possession just to make them spend money
[01:58:33.200 --> 01:58:38.160] the judge has to look okay okay hang on we are out of time this is randy kelton
[01:58:38.160 --> 01:58:43.280] we love our radio we'll be back next week thursday at eight o'clock friday at eight
[01:58:43.280 --> 01:58:46.240] uh thank you all for listening good night
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