ROL_2016-09-16_16k_Hr3-4.timecode

[00:00.000 --> 00:07.000]  The following newsflash is brought to you by the Lone Star Lowdown, providing you daily
[00:07.000 --> 00:09.000]  bulletins for the commodity market.
[00:09.000 --> 00:22.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:22.000 --> 00:29.000]  Markets for Friday, the 16th of September, 2016 are currently treading with gold at $1,309.71 an ounce.
[00:29.000 --> 00:34.000]  Silver, $18.76 an ounce. Texas crude, $43.91 a barrel.
[00:34.000 --> 00:45.000]  And Bitcoin is currently sitting at about $607 U.S. currency.
[00:45.000 --> 00:49.000]  Today in history, the year 1920, the Wall Street bombing occurred.
[00:49.000 --> 00:53.000]  At 1201 noon, in front of the J.P. Morgan building in the Financial District of Manhattan,
[00:53.000 --> 00:57.000]  a bomb in a horse wagon exploded, killing 30 people immediately,
[00:57.000 --> 01:00.000]  while another eight people died afterwards due to injuries,
[01:00.000 --> 01:03.000]  and at least 143 people were seriously injured.
[01:03.000 --> 01:07.000]  The bombing was never officially solved, but many investigators and historians believe
[01:07.000 --> 01:10.000]  that the Wall Street bombing was carried out by the Galenists,
[01:10.000 --> 01:15.000]  or Italian syndicalist anarchist groups responsible for a series of bombings the previous year,
[01:15.000 --> 01:19.000]  thought to have been stirred up about due to post-war social unrest, labor struggles,
[01:19.000 --> 01:26.000]  and anti-capitalist agitation in the United States.
[01:26.000 --> 01:30.000]  In recent news, Obama hosted a meeting at the Oval Office with former Mayor of New York,
[01:30.000 --> 01:34.000]  Michael Bloomberg, former Treasury Secretary under George W. Bush, Hank Paulson,
[01:34.000 --> 01:37.000]  Atlanta Mayor Kasem Reid, Ohio Governor John Kasich,
[01:37.000 --> 01:41.000]  former contender for the Republican presidential bid, and many other individuals.
[01:41.000 --> 01:44.000]  The topic of discussion, the Trans-Pacific Partnership,
[01:44.000 --> 01:48.000]  the 12-Nation Pacific Rim Free Trade Deal, and how to make it legislation.
[01:48.000 --> 01:51.000]  It seems that the President, being on the last stretch of his presidency,
[01:51.000 --> 01:55.000]  and with both Donald Trump and Hillary Clinton at least rhetorically opposed to the 12-Nation Treaty,
[01:55.000 --> 01:58.000]  establishment insiders, like politician John Kasich,
[01:58.000 --> 02:02.000]  is working overtime with the President for free trade, so-called,
[02:02.000 --> 02:04.000]  he told the media during the White House press briefing.
[02:04.000 --> 02:07.000]  This one, TPP, is much different than even NAFTA.
[02:07.000 --> 02:11.000]  This is China. This is Russia. These are fledgling countries in Asia.
[02:11.000 --> 02:14.000]  And we want to pivot to Asia? We have to do this.
[02:14.000 --> 02:17.000]  This is an opportunity for Congress to carry out its responsibility.
[02:17.000 --> 02:21.000]  We've got to get this done. I'd love to think it could happen next year.
[02:21.000 --> 02:24.000]  I'm not convinced it can happen after this year.
[02:24.000 --> 02:27.000]  So, in other words, get ready for a sneaky legislative session this fall,
[02:27.000 --> 02:31.000]  since Kasich also defended the prospect of Obama pushing TPP
[02:31.000 --> 02:34.000]  towards the lame-duck season of Congress,
[02:34.000 --> 02:38.000]  which, no, isn't all year, but apparently after the November elections,
[02:38.000 --> 02:42.000]  but before the swearing-in of the new President and Congress in January.
[02:42.000 --> 02:45.000]  The Mozart Lowdown is currently looking for sponsors.
[02:45.000 --> 02:48.000]  If you have a product or service you'd like to advertise with us,
[02:48.000 --> 02:53.000]  feel free to give me a call at 210-363-2257.
[02:53.000 --> 02:58.000]  This is Rick Rhodey with your Lowdown for September 16, 2016.
[02:58.000 --> 03:02.000]  Okay, we are back.
[03:02.000 --> 03:05.000]  Randy Shelton, the Wheel of the Radio,
[03:05.000 --> 03:10.000]  we're talking to Olivier in Tennessee.
[03:10.000 --> 03:02.000]  And we're going to talk to him about the
[03:02.000 --> 03:17.000]  new president and the new president of the United States.
[03:17.000 --> 03:24.000]  And we're going to talk to him about the new president and the new president of the United States.
[03:24.000 --> 03:29.000]  We're talking to Olivier in Tennessee.
[03:29.000 --> 03:34.000]  My old stomping grounds.
[03:34.000 --> 03:41.000]  Okay, last time we talked, you had just filed another lawsuit against the city.
[03:41.000 --> 03:45.000]  So what is up now?
[03:45.000 --> 03:50.000]  I filed another lawsuit for false imprisonment, which recently happened.
[03:50.000 --> 04:01.000]  Now, he dismissed it without me even serving the complaint to the defendant,
[04:01.000 --> 04:09.000]  without me having the chance to get it to a servicer or anything like that.
[04:09.000 --> 04:12.000]  The judge did a suesponte dismissal.
[04:12.000 --> 04:18.000]  What was his findings of fact and conclusions at law?
[04:18.000 --> 04:23.000]  His findings of fact was that inconsistent statement.
[04:23.000 --> 04:27.000]  I did not state a claim for release.
[04:27.000 --> 04:31.000]  Failure to state a claim with which recovery can be had.
[04:31.000 --> 04:38.000]  Well, you might try a little bit different tactic.
[04:38.000 --> 04:47.000]  You might file a petition for declaratory judgment asking the court to declare the rights of the parties.
[04:47.000 --> 04:54.000]  If you claim that a due process violation has occurred,
[04:54.000 --> 05:04.000]  then a petition for declaratory judgment just asks the court to rule on the rights of the parties.
[05:04.000 --> 05:07.000]  There's no recovery.
[05:07.000 --> 05:14.000]  So a motion to dismiss a failure to state a claim is not applicable.
[05:14.000 --> 05:18.000]  Now, did he dismiss with prejudice?
[05:18.000 --> 05:19.000]  No.
[05:19.000 --> 05:20.000]  Okay, so good.
[05:20.000 --> 05:22.000]  So now you get to refile.
[05:22.000 --> 05:28.000]  If you maintain that this is what the law says and this is what they did,
[05:28.000 --> 05:33.000]  and what they did does not comport with what the law says,
[05:33.000 --> 05:44.000]  and a violation of law by a public official acting under federal authority amounts to this crime,
[05:44.000 --> 05:49.000]  then you ask the court to rule that this crime was committed.
[05:49.000 --> 05:51.000]  That would be great fun.
[05:51.000 --> 06:00.000]  And that in the process, you were denied in your procedure right to procedural due process.
[06:00.000 --> 06:06.000]  It's hard to follow you, but you lost me with I asked the court to make a judgment.
[06:06.000 --> 06:08.000]  How do you do that?
[06:08.000 --> 06:09.000]  Wait a minute.
[06:09.000 --> 06:11.000]  I have a little trouble understanding you.
[06:11.000 --> 06:15.000]  Hold the mic closer to your mouth.
[06:15.000 --> 06:16.000]  Can you hear me?
[06:16.000 --> 06:17.000]  Yes.
[06:17.000 --> 06:18.000]  Hello?
[06:18.000 --> 06:19.000]  Yes, I can hear you.
[06:19.000 --> 06:22.000]  It's just you're moving in and out.
[06:22.000 --> 06:30.000]  Okay. You lost me by that statement by asking the court to rule on that.
[06:30.000 --> 06:36.000]  I kind of understand what you're saying, but it's not descriptive enough for me to ask.
[06:36.000 --> 06:37.000]  Okay.
[06:37.000 --> 06:45.000]  You're going to have in Tennessee a declaratory judgment statute.
[06:45.000 --> 06:48.000]  Oh, wait a minute.
[06:48.000 --> 06:53.000]  There might be something, a whole lot more fun to do.
[06:53.000 --> 06:59.000]  Can I tell you my concept of it, and then we will come back to yours?
[06:59.000 --> 07:00.000]  Yes.
[07:00.000 --> 07:03.000]  I had a scheme that I wanted to see what you thought about it.
[07:03.000 --> 07:08.000]  My scheme was he dismissed, I had two cases, one false of business already,
[07:08.000 --> 07:11.000]  the other one inverse condemnation of my property.
[07:11.000 --> 07:12.000]  Those are still in there.
[07:12.000 --> 07:19.000]  He dismissed the third one because he realized that, hey, this just happened two or three days ago.
[07:19.000 --> 07:20.000]  He's mad.
[07:20.000 --> 07:22.000]  I'm going to dismiss this one.
[07:22.000 --> 07:28.000]  What I did was I filed an information in there that showed him that you don't have the authority to do that.
[07:28.000 --> 07:37.000]  It says that when that happens, that's a violation of the pro-state constitutional rights, and suit can be brought.
[07:37.000 --> 07:46.000]  Now, from the information that I've received from the court, there's only two judges doing simple suit cases.
[07:46.000 --> 07:54.000]  So I'm wondering if I take the avenue where I sue him for doing that act that he did,
[07:54.000 --> 07:58.000]  does that put me in a respectful position amongst everyone else?
[07:58.000 --> 08:00.000]  Is that a power move?
[08:00.000 --> 08:07.000]  No, you can't sue the judge, even if he acted maliciously.
[08:07.000 --> 08:11.000]  You say I can't sue the judge, but it's still that a suit can be brought.
[08:11.000 --> 08:14.000]  Who am I suing?
[08:14.000 --> 08:26.000]  Well, I'm having trouble understanding, but as I got that, you were going to sue because they dismissed your case.
[08:26.000 --> 08:32.000]  He did this to a sponsor, and he's by when I was looking through federal cases.
[08:32.000 --> 08:34.000]  Here's the problem with that.
[08:34.000 --> 08:36.000]  The judge can do that.
[08:36.000 --> 08:44.000]  He gets it overturned, but that was an act within the scope of his authority.
[08:44.000 --> 08:54.000]  Even if while acting within scope, he acted improperly or maliciously, he still can't be sued.
[08:54.000 --> 09:04.000]  I'm saying that he can't be sued, but why would the federal rule say that when this happens,
[09:04.000 --> 09:08.000]  both states can bring a separate action?
[09:08.000 --> 09:11.000]  You can bring a separate action.
[09:11.000 --> 09:23.000]  You have to sue him for a breach of due process, and this is not a breach of due process.
[09:23.000 --> 09:27.000]  This is something he has a right to do.
[09:27.000 --> 09:33.000]  You have breaches of due process, procedural due process, where they arrested you
[09:33.000 --> 09:37.000]  and didn't take you directly to the nearest magistrate.
[09:37.000 --> 09:40.000]  That's a procedural due process violation.
[09:40.000 --> 09:48.000]  But where you filed an action and the court looked at the action in his judicial capacity
[09:48.000 --> 09:54.000]  and made a determination, even if he acted maliciously and improperly,
[09:54.000 --> 10:03.000]  that's within the scope of his authority, and it didn't deny you in procedural due process.
[10:03.000 --> 10:08.000]  The arrest where they were required to do a certain thing and didn't do that thing,
[10:08.000 --> 10:15.000]  that's procedural due process, and that's hard for them to get around.
[10:15.000 --> 10:26.000]  What I'm thinking is, if I remember right, a declaratory judgment suit either doesn't cost
[10:26.000 --> 10:28.000]  or it's very little.
[10:28.000 --> 10:36.000]  I know in Texas, it's $250 to file a civil suit in the district court,
[10:36.000 --> 10:43.000]  but if you petition for declaratory judgments, it's 15 bucks.
[10:43.000 --> 10:48.000]  So because of the nature of what it is, it's much shorter.
[10:48.000 --> 11:01.000]  And under 28 USC 2201, that's a statute to create a new remedy.
[11:01.000 --> 11:06.000]  And this is intended to be a short-circuit remedy.
[11:06.000 --> 11:14.000]  Rather than going to a full-fledged lawsuit, you can ask the court to declare the rights of the parties.
[11:14.000 --> 11:21.000]  And so you go in and ask the court to declare under Gernstein Pew that you had a right
[11:21.000 --> 11:28.000]  to be taken directly to the nearest magistrate and that the failure of the arresting officers
[11:28.000 --> 11:37.000]  to take you to the nearest magistrate was a procedural due process violation.
[11:37.000 --> 11:40.000]  It's all on point of law.
[11:40.000 --> 11:47.000]  There can't be any room for judicial discretion.
[11:47.000 --> 11:49.000]  This is what the law says.
[11:49.000 --> 11:50.000]  This is what they did.
[11:50.000 --> 11:52.000]  This is the consequent.
[11:52.000 --> 11:55.000]  And ask the court to rule on what the law says.
[11:55.000 --> 11:59.000]  There's a good chance you get that ruling.
[11:59.000 --> 12:02.000]  Now you come back to the state court,
[12:02.000 --> 12:13.000]  and that determination of a procedural due process violation is now res judicata, cannot be revisited.
[12:13.000 --> 12:17.000]  So you could bring that back to the state court and say,
[12:17.000 --> 12:22.000]  it has been determined that I was denied procedural due process.
[12:22.000 --> 12:29.000]  So the question now becomes, how much damage do I have a right to?
[12:29.000 --> 12:34.000]  And that's the only thing the state court can make a determination on.
[12:34.000 --> 12:36.000]  Not whether or not you were damaged.
[12:36.000 --> 12:39.000]  Does that make sense?
[12:39.000 --> 12:45.000]  It makes sense, but I don't see how to answer my question.
[12:45.000 --> 12:46.000]  Okay.
[12:46.000 --> 12:47.000]  Try again.
[12:47.000 --> 12:49.000]  The question.
[12:49.000 --> 12:52.000]  Okay.
[12:52.000 --> 12:53.000]  I understand that process.
[12:53.000 --> 12:56.000]  I understand what you're saying.
[12:56.000 --> 13:01.000]  But from what I read, when I went in to read about sua sponte,
[13:01.000 --> 13:06.000]  I went to Tennessee's federal court's decision and everything.
[13:06.000 --> 13:08.000]  And I saw that, yes, that if they do have that authority,
[13:08.000 --> 13:14.000]  but written in the statute, it says that it's limited.
[13:14.000 --> 13:18.000]  So now if you have an authority, then they come to tell you how you're supposed to use it.
[13:18.000 --> 13:22.000]  How can you be protected by using it incorrectly?
[13:22.000 --> 13:26.000]  Because in there, it says that once it's used incorrectly,
[13:26.000 --> 13:33.000]  I am constitutionally, my process constitutional rights have been violated.
[13:33.000 --> 13:35.000]  It says that specific word, work order,
[13:35.000 --> 13:46.000]  this process right has been violated by a court that has sua sponte there.
[13:46.000 --> 13:49.000]  Here's your problem.
[13:49.000 --> 13:56.000]  The ruling of the court, since he did not dismiss with prejudice,
[13:56.000 --> 13:59.000]  he didn't deny you any rights.
[13:59.000 --> 14:03.000]  He didn't deny you access to the court.
[14:03.000 --> 14:07.000]  You can come back and file an amended pleading,
[14:07.000 --> 14:10.000]  and you won't even have to pay any more filing fees.
[14:10.000 --> 14:16.000]  He charged me court fees and everything.
[14:16.000 --> 14:22.000]  He said that he did not dismiss the case,
[14:22.000 --> 14:26.000]  awarded me all the court fees,
[14:26.000 --> 14:32.000]  and he awarded my indigency status,
[14:32.000 --> 14:35.000]  and awarded all the fees to be charged to me.
[14:35.000 --> 14:38.000]  Okay, that he can't do.
[14:38.000 --> 14:40.000]  Of course.
[14:40.000 --> 14:44.000]  Had you been determined to be indigent?
[14:44.000 --> 14:47.000]  Yes, he determined me to be indigent first.
[14:47.000 --> 14:50.000]  He awarded my indigency.
[14:50.000 --> 14:53.000]  Now that's retaliation.
[14:53.000 --> 14:56.000]  Then he dismissed the case.
[14:56.000 --> 14:58.000]  Okay, hold on, hold on.
[14:58.000 --> 15:00.000]  Let's not move past this yet.
[15:00.000 --> 15:04.000]  In Texas, there has to be a hearing on indigency.
[15:04.000 --> 15:07.000]  The court cannot just declare one way or another.
[15:07.000 --> 15:08.000]  There has to be a hearing.
[15:08.000 --> 15:14.000]  Was there a second hearing on your status?
[15:14.000 --> 15:16.000]  Every time I filed indigency,
[15:16.000 --> 15:18.000]  they never brought me for a hearing.
[15:18.000 --> 15:20.000]  They just awarded it.
[15:20.000 --> 15:22.000]  Okay, when they can award it,
[15:22.000 --> 15:29.000]  but they can't deny it and they can't reverse it.
[15:29.000 --> 15:35.000]  Here, a court can, on the motion,
[15:35.000 --> 15:38.000]  if the motion is sufficient on its face,
[15:38.000 --> 15:42.000]  he can grant you the right.
[15:42.000 --> 15:49.000]  What he can't do is take the right away from you without due process.
[15:49.000 --> 15:53.000]  Now, this is beyond the scope of the court.
[15:53.000 --> 15:58.000]  The court can rule that your complaint
[15:58.000 --> 16:01.000]  fails to state a claim of which recovery can be had,
[16:01.000 --> 16:07.000]  because that's a judicial determination that's within his discretion.
[16:07.000 --> 16:11.000]  But he cannot arbitrarily and capriciously deny you
[16:11.000 --> 16:14.000]  and your right to indigency status.
[16:14.000 --> 16:15.000]  That he can't do.
[16:15.000 --> 16:21.000]  That's outside of scope.
[16:21.000 --> 16:26.000]  Okay, but he awarded the indigency status.
[16:26.000 --> 16:31.000]  I suggest you file criminally first.
[16:31.000 --> 16:34.000]  That's criminal.
[16:34.000 --> 16:37.000]  Okay, but he awarded the indigency.
[16:37.000 --> 16:41.000]  Yeah, he awarded it and then he denied it.
[16:41.000 --> 16:43.000]  No, how did he deny it?
[16:43.000 --> 16:47.000]  You said he denied it and charged you all these fees.
[16:47.000 --> 16:52.000]  No, he awarded it and then he just misdicated.
[16:52.000 --> 16:54.000]  No, I'm missing something.
[16:54.000 --> 16:57.000]  He charged you all these fees?
[16:57.000 --> 17:01.000]  Yeah, he awarded indigency and then he said that.
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[19:12.000 --> 19:15.000]  Well, don't let nothing get to you.
[19:15.000 --> 19:18.000]  Only the father can't deliver you.
[19:18.000 --> 19:21.000]  Don't let bad-minded people hurt you.
[19:21.000 --> 19:24.000]  And trust it and get behind.
[19:24.000 --> 19:27.000]  Know what I mean, my friend?
[19:27.000 --> 19:29.000]  Knowledge your children.
[19:29.000 --> 19:46.000]  Those things are hard, my friend. Tell them you're proud of them then.
[19:46.000 --> 19:48.000]  Okay, we are back.
[19:48.000 --> 19:54.000]  Randy Kelson, the rule of law radio, and we're talking to Olivier in Tennessee.
[19:54.000 --> 20:03.000]  And I am confused. If you were indigent, how did he charge you these fees?
[20:03.000 --> 20:07.000]  Because he dismissed the case once they postponed the fees.
[20:07.000 --> 20:12.000]  They postponed the filing fees and everything until after the case.
[20:12.000 --> 20:20.000]  So what he did was, okay, I'm going to award you indigent fees so we could postpone the fees.
[20:20.000 --> 20:30.000]  Okay, so if you're indigent and you lose your case, then even though you're indigent,
[20:30.000 --> 20:34.000]  you can be charged the court costs and fees.
[20:34.000 --> 20:35.000]  Yes.
[20:35.000 --> 20:40.000]  Oh, okay, then that was where I was confused about.
[20:40.000 --> 20:45.000]  Okay, so he didn't overturn your indigency status.
[20:45.000 --> 20:46.000]  No.
[20:46.000 --> 20:51.000]  He reacted in accordance with the law. I don't think you have much claim about that.
[20:51.000 --> 21:04.000]  But then again, what was the reason he stated that you failed to state a claim?
[21:04.000 --> 21:12.000]  Oh, because he said, I failed to state a claim and it was inconsistent.
[21:12.000 --> 21:18.000]  I had plenty of claims in there, false imprisonment, false arrest, harassment.
[21:18.000 --> 21:21.000]  I had millions.
[21:21.000 --> 21:28.000]  Okay, did you just state that it was false imprisonment or state that it was harassment?
[21:28.000 --> 21:34.000]  Or did you show what the law says amounts to false imprisonment,
[21:34.000 --> 21:40.000]  what all the elements of the accusation are and how they breached each of these elements?
[21:40.000 --> 21:45.000]  Yeah, you read one of my suits before.
[21:45.000 --> 21:46.000]  Yes, I have.
[21:46.000 --> 21:47.000]  Statute?
[21:47.000 --> 21:57.000]  Yeah, I put the statute. I described the situation or how the officers did that statute.
[21:57.000 --> 22:04.000]  In his order, did he show points and authorities?
[22:04.000 --> 22:05.000]  What does that mean?
[22:05.000 --> 22:06.000]  Reason I'm saying.
[22:06.000 --> 22:09.000]  Why? Why? Why he said what he said?
[22:09.000 --> 22:15.000]  Exactly, what the law says and what the facts he ruled,
[22:15.000 --> 22:22.000]  what the facts he used to base his ruling on and what the law is that applied to those facts.
[22:22.000 --> 22:28.000]  Yes, he based it on the rules of procedure in the civil court,
[22:28.000 --> 22:32.000]  which was just a general section which didn't specify anything.
[22:32.000 --> 22:43.000]  Okay, let me make a suggestion to you. Before you go after the judge, back up and take another look.
[22:43.000 --> 22:52.000]  Because a lot of the times and mostly what the judges tend to do is be instructive.
[22:52.000 --> 23:03.000]  Harman Taylor, he's on our show quite a bit and he's an ex-lawyer and one of the most knowledgeable guys I know.
[23:03.000 --> 23:15.000]  When a judge renders a ruling, he always assumes that the judge is instructing him into how to refile or how to make his next step.
[23:15.000 --> 23:25.000]  So before you assume that the judge is against you because he did not rule dismissed with prejudice,
[23:25.000 --> 23:36.000]  go back and read what he said and rewrite your suit based on the deficiencies that he pointed out.
[23:36.000 --> 23:45.000]  But the deficiency that he pointed out was a word, too engaged in transportation.
[23:45.000 --> 23:47.000]  It was supposed to be not engaged in transportation.
[23:47.000 --> 23:52.000]  So just rewrite it. Rewrite it and refile it.
[23:52.000 --> 23:57.000]  Rewrite it and refile it. Isn't that $300 something?
[23:57.000 --> 24:07.000]  No, no, wait, listen, stop. This case is not done and the fees and stuff he assessed to you, that's not done either.
[24:07.000 --> 24:16.000]  This is not finally adjudicated. All that stops. You file an amended pleading.
[24:16.000 --> 24:18.000]  File an amended pleading.
[24:18.000 --> 24:28.000]  Yeah. And he instructed you into how to file the amended pleading. He may be saving your case.
[24:28.000 --> 24:35.000]  Wait a minute. How can you dismiss something? He dismissed it.
[24:35.000 --> 24:40.000]  Yes, he dismissed it, but not with prejudice.
[24:40.000 --> 24:43.000]  Okay. That means I can continue going on with the case?
[24:43.000 --> 24:48.000]  Yeah, yeah. He's telling you how to fix it.
[24:48.000 --> 24:55.000]  And what this sounds like he did was found a fatal flaw.
[24:55.000 --> 25:01.000]  And if you tried to adjudicate this case, you're going to lose it in the end because of that fatal flaw.
[25:01.000 --> 25:07.000]  So instead of letting you get to the point of a final determination,
[25:07.000 --> 25:13.000]  he stopped it right away and told you fix this problem.
[25:13.000 --> 25:20.000]  I understand that. Okay, I understand what you're saying, but he should have understood that that lawsuit was written in eight hours.
[25:20.000 --> 25:24.000]  One word, you don't read everything else in the same thing.
[25:24.000 --> 25:35.000]  Okay, okay, hold on. Look, hold on. You may be picking more fights than you need if the word was critical.
[25:35.000 --> 25:45.000]  Yes, this is law. This is not just a debate on the street corner for a criminal complaint, for instance.
[25:45.000 --> 25:53.000]  I totally agree with you. I totally agree with you, but I just filed it. I have an opportunity to amend that. I wrote it in eight hours. One word.
[25:53.000 --> 25:57.000]  Well, amend it. You have opportunity to amend it.
[25:57.000 --> 26:07.000]  I will. If it is a fatal flaw, it doesn't make any difference if you had a good excuse for having the fatal flaw.
[26:07.000 --> 26:13.000]  Okay. You got a fatal flaw. Fix it. And he didn't dismiss with prejudice.
[26:13.000 --> 26:20.000]  So he's saying this is what's wrong with it right here. Fix that. Refile it. We go back.
[26:20.000 --> 26:32.000]  But by law, he cannot do that until he notify me. He has to notify me. I read the statute. He has to notify the pro se that he just can't dismiss it.
[26:32.000 --> 26:35.000]  Okay, then okay.
[26:35.000 --> 26:41.000]  Without somebody else motioning for it, he's not allowed to do that. He has to.
[26:41.000 --> 26:44.000]  What code says that?
[26:44.000 --> 26:50.000]  The 60B.
[26:50.000 --> 26:54.000]  So this is a special code for pro se?
[26:54.000 --> 26:59.000]  Yeah, it's in the suicide case. It's in the suicide case.
[26:59.000 --> 27:01.000]  Oh, okay.
[27:01.000 --> 27:15.000]  It explains that you cannot do a suicide on a pro se litigant because pro se litigants have little things in court procedures that they're not accustomed to. So it would be unfair to the pro se litigant to do these things.
[27:15.000 --> 27:29.000]  The court has a higher obligation with suicide, especially to pro se litigants, because they have to notify the pro se litigants that pro se litigants did not go to school. They did not acquire all these skills that the courts demand.
[27:29.000 --> 27:32.000]  Oh, wonderful.
[27:32.000 --> 27:39.000]  So, okay, now you have the court doing something that is specifically forbidden to do.
[27:39.000 --> 27:53.000]  Right. It says that when you do, when they do that, they violate the pro se's constitutional rights. Now see, here's the thing. I'm trying to get you into that picture because what I found out is there's only two civil court judges in this district.
[27:53.000 --> 28:04.000]  I mean, in this courthouse, there's two judges that hit cases. I have 13 more coming. So I'm trying to hit him real hard because I don't want to take him off my other cases. There's only two of them too.
[28:04.000 --> 28:12.000]  I want to hit him real hard so he can tell the other one, hey, when you see Olivier, you better rule on his case, on his side every time.
[28:12.000 --> 28:24.000]  I want to hit him just hard with the information that I gave you. I want to hit him in the right spot because I don't want to take him off my cases, nothing like that. I don't have time for that.
[28:24.000 --> 28:39.000]  Okay, based on that law, this would be exactly the way to go after him because he's the servant, you're the master. He violated one of your laws. Now you get to go after him.
[28:39.000 --> 28:48.000]  So are you telling me follow up on exactly what that statute says? So that statute says sue the county or whatever to follow that statute?
[28:48.000 --> 28:54.000]  Absolutely. You do have an official oppression statute?
[28:54.000 --> 28:55.000]  I take it?
[28:55.000 --> 29:02.000]  I mean, yeah, we do have that one, but the official expression is different. I guess that would be an add-on.
[29:02.000 --> 29:15.000]  No, no, no. What official oppression generally says is, or official misconduct, most states don't have official oppression, Texas does. Most of them have official misconduct, but it's the same thing.
[29:15.000 --> 29:30.000]  And that's where a public official exerts or purports to exert an authority he doesn't expressly have and denies the citizen full free access to the enjoyment of a right. It's kind of a catch-all.
[29:30.000 --> 29:32.000]  We do have that. Yeah, we have that statute.
[29:32.000 --> 29:41.000]  Good. That's the one. That's the criminal one to start charging with.
[29:41.000 --> 29:51.000]  You probably won't see criminal charges against him coming, but it sounds like this one's dead bang.
[29:51.000 --> 29:55.000]  Okay, and I file criminally through the...
[29:55.000 --> 30:00.000]  Hang on, about to go to break. We'll be right back.
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[33:33.000 --> 33:51.000]  Okay, we are back. Randy Kelton, Rule of Law Radio, here with Olivier in Tennessee. And yeah, this is great.
[33:51.000 --> 33:57.000]  I suspect, you know, the judge is used to lawyers who are afraid of him.
[33:57.000 --> 34:08.000]  Oh, and I think, I think that's a big thing too, because I just filed it. I filed that Rule 12 B6, all the stuff. I know I did it incorrectly, but I was so mad at it.
[34:08.000 --> 34:13.000]  You know what? I want to file this in the record. They're like, well, what do you want to do? I'm like, well, let me get it court day. It was Monday.
[34:13.000 --> 34:28.000]  The next day was Friday, and the court day was Monday. So, you know, I didn't have time to properly submit or deliver the paperwork to the other party. But I just wanted to court it. I just wanted the judge to see who he was dealing with.
[34:28.000 --> 34:43.000]  Like, you're not, you know, I'm going to be knee deep everywhere you go. So when they went up there, I could see that the attorneys were looking at me like they never seen the judge be so respectful.
[34:43.000 --> 34:55.000]  Like, you got to tell that the judge was not as assertive as he was, and they was looking around like, what's going on?
[34:55.000 --> 35:09.000]  But you see that. So now I kind of caught them where you did not notify me. Rule 60B is significant for reasons of where, for example, the state is starting to get potential due process violations.
[35:09.000 --> 35:29.000]  The plaintiff's challenge the court for the one fee to respond to a motion for failure to notify. So this says that federal civil court allows cases to be reopened in particular circumstances.
[35:29.000 --> 35:40.000]  Specifically, special court offer a part of relief from judgment on motion when it is inadequate to permit a judgment to stand.
[35:40.000 --> 35:46.000]  The rule applies only to final judgment. So what he did was a final judgment, correct?
[35:46.000 --> 35:57.000]  Yes. Now, it wasn't a, he didn't dismiss with prejudice, but he did finally dismiss the case.
[35:57.000 --> 36:03.000]  Yes, he did. He left it where you could reinvigorate it, but that's a final judgment. Yes.
[36:03.000 --> 36:14.000]  So now is this saying that I can file a motion for the court to hear my motion on rule 60B?
[36:14.000 --> 36:24.000]  Absolutely. And that's a perfect shot to take. And at the same time, you should go for the grand jury for him doing that.
[36:24.000 --> 36:29.000]  And if he's smart, he will recuse himself.
[36:29.000 --> 36:37.000]  Well, why don't? It's only two, okay, all right. But now, he said he'll recuse himself. Do I want him to do that?
[36:37.000 --> 36:41.000]  No, it's only, if he recuses himself, it's only for this case.
[36:41.000 --> 36:43.000]  Oh, okay.
[36:43.000 --> 37:02.000]  Yeah, it's not permitted. It won't disqualify him from ruling in another case. But what it will do is, you remember this song by Jerry Reed about where he's gambling out behind the courthouse.
[37:02.000 --> 37:13.000]  He looks up, and there's a big old cop, and it turns out he knows the judge, and he accuses the judge. He said, you let my friends go free, and you threw the book at me.
[37:13.000 --> 37:23.000]  He said, when you're hot, you're hot. And he tells the judge, I'll take you out behind that. You take that robe off, I'll take you out behind the courthouse and tear a little of your honor off.
[37:23.000 --> 37:38.000]  Well, I think you just, when you file this criminal complaint along with the 60B, you may be tearing a little of his honor off. And he needs it.
[37:38.000 --> 37:57.000]  So now, that puts him, that means on the suit of the suit, plus the ones that I have coming, because it's only two judges. I have 13 more sitting in the background, just waiting to be filed right now. So now, does that mean that I have trouble carding every time I walk in the courtroom, right?
[37:57.000 --> 38:07.000]  Because now, he's going to tell his friend or whoever the other judge is, hey, if this is who I'm thinking, I might be wrong, but this guy Olivier is not playing.
[38:07.000 --> 38:23.000]  Yeah, this guy Olivier is not going to take any crap along. And if you get him, if you file criminally against him, then he will have a duty to recuse himself.
[38:23.000 --> 38:33.000]  But the next case, he's not disqualified from that one. But when you get him in another case, he's not going to want to be put in this spot again.
[38:33.000 --> 38:43.000]  Okay, file criminally. So now, file criminally. Give me a quick eye through the DA Department for the process again.
[38:43.000 --> 38:59.000]  Okay. I don't know enough about how Tennessee actually works. You have a grand jury in Tennessee. Do they have a procedure that allows you to go directly to a grand jury in Tennessee?
[38:59.000 --> 39:16.000]  Okay. Well, I'm going to suggest in this case, you really don't want the judge indicted. You want to sting in good, but you don't want them indicted.
[39:16.000 --> 39:36.000]  So if you go to the prosecuting attorney with a verified criminal affidavit and make up an affidavit and go to a notary and have them verified so that when you go to the prosecuting attorney and tell him you have an issue, you need to bring to the prosecute attorney.
[39:36.000 --> 39:49.000]  And he's going to want to know what it is. And I suggest you give it to them. What they're going to do, if they do like they do here, is they will send out an investigator.
[39:49.000 --> 40:06.000]  And the investigator is not going to want to do anything. So you give him, you go in with the complaint in a sealed envelope or you mail it to the prosecutor. And mailing is better.
[40:06.000 --> 40:13.000]  You say complaint and affidavit. Complaint, when I think about complaint, it's written up like losses, right?
[40:13.000 --> 40:26.000]  No, that is a complaint. Okay, you've probably heard in the pro se community where they say all claims are civil.
[40:26.000 --> 40:36.000]  And that's true. But what they don't say is that criminal is a subset of civil.
[40:36.000 --> 40:53.000]  So when you file a criminal complaint, it's essentially the same as filing a civil complaint, except this one files a complaint not under a cause of action, but under violation of a statutory provision.
[40:53.000 --> 41:01.000]  So yeah, they're both complaints. But a criminal complaint is generally somewhat different.
[41:01.000 --> 41:10.000]  And this... So I remember looking at the form. So the one that says criminal affidavit. So that means I can use one...
[41:10.000 --> 41:23.000]  Oh, wait a minute. That's an affidavit. And you might look in the public record. Most states work the same way in this regard.
[41:23.000 --> 41:35.000]  The criminal complaints intended to be produced by an ordinary citizen. So they're not expected to be learned in counsel, and they're not expected to get it exactly right.
[41:35.000 --> 41:48.000]  So when a prosecutor gets a complaint, he is to reduce the complaint to an information. An information is a complaint in proper form.
[41:48.000 --> 42:01.000]  So go down to the criminal court, to the criminal clerk, and ask to see one of the cases where they've made criminal charges against you.
[42:01.000 --> 42:09.000]  Ask to see the record and look for an information. And look at the form of the information.
[42:09.000 --> 42:20.000]  Make a complaint just like that, except take out information and put the complaint. And now you know you have it in the right form.
[42:20.000 --> 42:30.000]  Take it to a notary and have the notary verify your signature. Now make up a criminal affidavit.
[42:30.000 --> 42:41.000]  See, they want you to give them an affidavit, and they treat the affidavit as a voluntary statement.
[42:41.000 --> 42:50.000]  Oh, you're just coming in telling me what happened and asking me to make a determination. No, I'm not doing any such thing.
[42:50.000 --> 43:02.000]  And I tell the police this all the time. They want a voluntary statement. No, I don't do voluntary statements. Here is a verified criminal affidavit.
[43:02.000 --> 43:08.000]  Once it's in their hands, their duty is invoked.
[43:08.000 --> 43:15.000]  Okay, verify a criminal affidavit. That means that you wrote it down. You got it certified by a notary.
[43:15.000 --> 43:27.000]  You are the master. They are the servants. You went to the servant and gave the servant notice that a crime has been committed.
[43:27.000 --> 43:36.000]  You're not asking the servant to exercise discretion. You gave him official notice.
[43:36.000 --> 43:46.000]  They want to act as though, the police, they want to act like we get to determine whether or not we believe a crime has been committed.
[43:46.000 --> 44:00.000]  When they, I called the police on these bailiffs that pushed me around the other day. When the local police showed up, they...
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[46:14.000 --> 46:26.000]  Okay, we are back.
[46:26.000 --> 46:27.000]  Brandy Kelton, Rule of Law Radio.
[46:27.000 --> 46:28.000]  Getting too excited.
[46:28.000 --> 46:32.000]  This is my favorite subject and I ran off the cliff again.
[46:32.000 --> 46:35.000]  But that's okay because I'll blame the producer.
[46:35.000 --> 46:37.000]  He said I could.
[46:37.000 --> 46:38.000]  I'm a guy.
[46:38.000 --> 46:41.000]  Guys never take personal responsibility for their behavior.
[46:41.000 --> 46:42.000]  It's a rule.
[46:42.000 --> 46:48.000]  Okay, Oliver, it's a thing that they do.
[46:48.000 --> 46:50.000]  And this is not in law.
[46:50.000 --> 46:52.000]  This is kind of the politics.
[46:52.000 --> 46:55.000]  The police want to run interference.
[46:55.000 --> 46:58.000]  They want you to give them a voluntary statement.
[46:58.000 --> 47:01.000]  And I said, no, no, no, I'm not here to give a voluntary statement.
[47:01.000 --> 47:03.000]  Here's a verified criminal affidavit.
[47:03.000 --> 47:10.000]  By that affidavit, I have invoked your duty and I am not interested in your opinion.
[47:10.000 --> 47:14.000]  You do what the law commands you to do.
[47:14.000 --> 47:15.000]  If you don't.
[47:15.000 --> 47:17.000]  I bring that to the police station?
[47:17.000 --> 47:19.000]  Pardon me?
[47:19.000 --> 47:23.000]  I bring that complaint to the police station?
[47:23.000 --> 47:24.000]  No, no.
[47:24.000 --> 47:26.000]  Prosecutor will do the same thing.
[47:26.000 --> 47:35.000]  What the prosecutor will most likely do, especially when it's you, he's not going to want to talk to you.
[47:35.000 --> 47:41.000]  Because if he talks to you, he's on the legal dime.
[47:41.000 --> 47:45.000]  So he's going to want to send an investigator to talk to you.
[47:45.000 --> 47:49.000]  So there's two ways of doing it.
[47:49.000 --> 47:58.000]  The preferred way is to make up a criminal complaint in the form used by the state of Tennessee.
[47:58.000 --> 48:05.000]  Take it and affirm it before a notary and get it acknowledged.
[48:05.000 --> 48:14.000]  Put it in an envelope, mail it to the prosecuting attorney, return receipt requested.
[48:14.000 --> 48:17.000]  Yeah, he's got it.
[48:17.000 --> 48:22.000]  Once he gets it, his duty is invoked.
[48:22.000 --> 48:29.000]  You're not asking him to exercise judicial discretion, which he doesn't have.
[48:29.000 --> 48:35.000]  And in this case, you really don't want the judge indicted anyway.
[48:35.000 --> 48:38.000]  We're playing politics here.
[48:38.000 --> 48:48.000]  The prosecutor is going to get this and he's going to open it and he's going to say, oh, crap, this guy wants me to prosecute the judge.
[48:48.000 --> 48:51.000]  Now, here's what you have to consider.
[48:51.000 --> 48:58.000]  How good of buddies is this judge and the prosecutor?
[48:58.000 --> 49:07.000]  Is the prosecutor looking to run for a judge's position?
[49:07.000 --> 49:09.000]  Everything is political.
[49:09.000 --> 49:21.000]  And what you and I as citizens can do is create cannon fodder for political opponents.
[49:21.000 --> 49:27.000]  I filed criminal charges against all the highest judges in Texas about five or six years ago.
[49:27.000 --> 49:35.000]  And eventually, the prosecuting attorney presented all my complaints to a grand jury.
[49:35.000 --> 49:43.000]  And I thought it was all of my eloquent oratory and all the pressure I had put on them.
[49:43.000 --> 49:55.000]  But in retrospect, Ron Earl, 25-year district attorney, this is the guy that took out Tom DeLay illegally.
[49:55.000 --> 49:58.000]  Nobody ever accused Tom DeLay of a crime.
[49:58.000 --> 50:09.000]  The speaker of the House or United States Senate, I mean, the Texas Congress, United States Congress, second highest political figure in the United States,
[50:09.000 --> 50:13.000]  and a local district attorney took him out.
[50:13.000 --> 50:15.000]  So he was real political.
[50:15.000 --> 50:17.000]  Ron Earl was real political.
[50:17.000 --> 50:20.000]  So he's not running for office anymore.
[50:20.000 --> 50:21.000]  He's a Democrat.
[50:21.000 --> 50:26.000]  All 15 of these judges are Republicans.
[50:26.000 --> 50:33.000]  He used my complaints to try to take these judges out of office with him.
[50:33.000 --> 50:35.000]  You see where I'm going?
[50:35.000 --> 50:38.000]  This is about politics.
[50:38.000 --> 50:48.000]  If the prosecutor and the judge are good buddies, the first thing the prosecutor is going to do is run to the judge and say, look what I got.
[50:48.000 --> 50:52.000]  This guy is trying to get you prosecuted.
[50:52.000 --> 50:57.000]  And the prosecutor, he's going to bury it.
[50:57.000 --> 51:08.000]  But if you are, you file that Rule 60 motion with this court, and at the same time in the background,
[51:08.000 --> 51:14.000]  now you're going after the prosecutor for not prosecuting the judge.
[51:14.000 --> 51:19.000]  You're creating politics, and this is exactly what you want to do.
[51:19.000 --> 51:27.000]  They told me that I would have to pay money to file or reopen this case that he dismissed.
[51:27.000 --> 51:29.000]  This case, he dismissed it without prejudice.
[51:29.000 --> 51:34.000]  He just filed an amended pleading.
[51:34.000 --> 51:35.000]  Just file the amended pleading.
[51:35.000 --> 51:39.000]  Let them do whatever they want to.
[51:39.000 --> 51:41.000]  File an amended pleading.
[51:41.000 --> 51:44.000]  That pleading is just fixing or fixing.
[51:44.000 --> 51:49.000]  Read your rules, of course. Read your rules on amended pleadings.
[51:49.000 --> 51:52.000]  Amended pleading.
[51:52.000 --> 51:57.000]  Yeah, it's not a done deal.
[51:57.000 --> 52:00.000]  I'm going to read that.
[52:00.000 --> 52:06.000]  So, that amended pleading will give me the situation I'm in right now.
[52:06.000 --> 52:13.000]  Yeah, it brings the case back alive and eliminates the ruling in the case.
[52:13.000 --> 52:15.000]  And I don't have to pay anything, so...
[52:15.000 --> 52:16.000]  No.
[52:16.000 --> 52:22.000]  That means I have to pay a filing fee, or just get a record of that,
[52:22.000 --> 52:26.000]  or should I file another in the initiative paperwork?
[52:26.000 --> 52:32.000]  No, no, don't file anything other than the Rule 60 motion.
[52:32.000 --> 52:34.000]  I'm sorry, not that.
[52:34.000 --> 52:35.000]  The Rule 60 motion.
[52:35.000 --> 52:38.000]  You just file the Rule 60 motion.
[52:38.000 --> 52:44.000]  And along with it, I would file an amended pleading, make the corrections
[52:44.000 --> 52:49.000]  the judge suggested, file them both at one time.
[52:49.000 --> 52:50.000]  Okay.
[52:50.000 --> 52:53.000]  Amended pleading and Rule 60 motion.
[52:53.000 --> 52:54.000]  Okay.
[52:54.000 --> 52:59.000]  Any other motion that I think might be adhered to at that time?
[52:59.000 --> 53:01.000]  What other motion?
[53:01.000 --> 53:02.000]  Reopen case.
[53:02.000 --> 53:03.000]  I've seen one that...
[53:03.000 --> 53:07.000]  Yeah, that's the 60B motion, right?
[53:07.000 --> 53:08.000]  Okay, okay, got you.
[53:08.000 --> 53:13.000]  Yeah, you file the 60B and the amended pleading at the same time.
[53:13.000 --> 53:14.000]  Okay.
[53:14.000 --> 53:15.000]  Okay, quick.
[53:15.000 --> 53:16.000]  All right.
[53:16.000 --> 53:17.000]  Thanks.
[53:17.000 --> 53:18.000]  I got...
[53:18.000 --> 53:19.000]  So I see what kind of bad spot I got them in.
[53:19.000 --> 53:23.000]  And I've been making so much noise in the first place.
[53:23.000 --> 53:26.000]  When I had the DA, they know me by name.
[53:26.000 --> 53:31.000]  Like last time, they offered my attorney a plea.
[53:31.000 --> 53:35.000]  And then my attorney came out and she was looking at me, looking at her,
[53:35.000 --> 53:37.000]  and she was like, I don't want to tell you this.
[53:37.000 --> 53:38.000]  I'm like, you better not.
[53:38.000 --> 53:41.000]  They're like, well, they're offering you a dismissal of everything
[53:41.000 --> 53:44.000]  in just the one year of unsupervised probation.
[53:44.000 --> 53:48.000]  I'm looking at her, I'm like, does that sound good?
[53:48.000 --> 53:52.000]  And she's like, well, the prosecutor, while he was telling me,
[53:52.000 --> 53:55.000]  he told me, you're definitely not going to take this.
[53:55.000 --> 53:59.000]  He's like, I don't want to take this, but I'm going to just tell him,
[53:59.000 --> 54:01.000]  he's not going to take this.
[54:01.000 --> 54:04.000]  Okay, well, that will help.
[54:04.000 --> 54:08.000]  It will help that your reputation goes before you.
[54:08.000 --> 54:09.000]  She was smiling.
[54:09.000 --> 54:11.000]  I can't believe they know you by name.
[54:11.000 --> 54:15.000]  Like he did not even want to talk about you.
[54:15.000 --> 54:17.000]  She was like really smiling, like you're something special.
[54:17.000 --> 54:19.000]  I've never seen that before.
[54:19.000 --> 54:26.000]  And that will help because the judge will know that you're willing to come after him.
[54:26.000 --> 54:27.000]  Okay.
[54:27.000 --> 54:35.000]  Understand that the higher level someone is, the more politically sensitive they are.
[54:35.000 --> 54:39.000]  These municipal judges down here at the bottom, they're chumps.
[54:39.000 --> 54:41.000]  They're not good lawyers.
[54:41.000 --> 54:45.000]  If they were good lawyers, they'd be out making the big bucks.
[54:45.000 --> 54:48.000]  But they're down here working part-time as a municipal judge
[54:48.000 --> 54:51.000]  because they can't cut it as a lawyer.
[54:51.000 --> 54:56.000]  When you get to the district court, now you're getting to a higher level individual.
[54:56.000 --> 55:00.000]  A lot of these guys want to run for political office.
[55:00.000 --> 55:03.000]  They don't want any marks against them.
[55:03.000 --> 55:07.000]  They are really sensitive to the politics.
[55:07.000 --> 55:11.000]  And you've probably already noticed that when you go before these guys,
[55:11.000 --> 55:16.000]  they don't do the kind of nonsense that you get in the municipal courts.
[55:16.000 --> 55:19.000]  These guys are a lot more professional.
[55:19.000 --> 55:23.000]  You are so right because when I go to the higher court,
[55:23.000 --> 55:28.000]  and then this new lady judge, when she sees what I do to them,
[55:28.000 --> 55:31.000]  when she dismisses my case, she has a big smile on her face.
[55:31.000 --> 55:33.000]  I'm saying, what's going on?
[55:33.000 --> 55:35.000]  Most judges are trying to play block and nothing.
[55:35.000 --> 55:39.000]  She's just sitting there just enthralled with all the action.
[55:39.000 --> 55:40.000]  Like, Mr. Lieber, you didn't do nothing.
[55:40.000 --> 55:41.000]  You didn't put no action in.
[55:41.000 --> 55:42.000]  Yeah.
[55:42.000 --> 55:43.000]  Okay, yeah.
[55:43.000 --> 55:44.000]  Consider the politics.
[55:44.000 --> 55:51.000]  You've got this judge who gets motion after motion after motion after motion.
[55:51.000 --> 55:58.000]  Same old crapola over and over and over.
[55:58.000 --> 56:03.000]  And then you bring her in something totally different.
[56:03.000 --> 56:05.000]  You get rid of the boredom.
[56:05.000 --> 56:09.000]  She gets to do something interesting.
[56:09.000 --> 56:13.000]  A lot of this is politics.
[56:13.000 --> 56:16.000]  When you're writing your pleadings,
[56:16.000 --> 56:23.000]  keep in mind that you've got a judge here that gets bored with the same old stuff.
[56:23.000 --> 56:31.000]  That's why when I wrote this appeal to the Second Circuit in New York,
[56:31.000 --> 56:41.000]  I used the – this was about the standing of the bank to foreclose.
[56:41.000 --> 56:45.000]  And I started out by who's on first.
[56:45.000 --> 56:48.000]  We don't know who's on first.
[56:48.000 --> 56:52.000]  These guys claim to be on first, but according to the record, they're not on first.
[56:52.000 --> 56:57.000]  And I went through all of the steps in that Abbott and Costello routine.
[56:57.000 --> 56:58.000]  What's on second?
[56:58.000 --> 57:02.000]  We don't know what's on second because we don't know who's on first.
[57:02.000 --> 57:03.000]  And I don't give a darn.
[57:03.000 --> 57:05.000]  It's a short stop and that's the servicer.
[57:05.000 --> 57:07.000]  He doesn't give a darn.
[57:07.000 --> 57:09.000]  He's just trying to take all the money.
[57:09.000 --> 57:18.000]  So give them something else to get them to focus on your pleadings.
[57:18.000 --> 57:23.000]  And you're already in a good position so far because you've been taking them on
[57:23.000 --> 57:26.000]  and they haven't blown you out of the water.
[57:26.000 --> 57:30.000]  You're obviously doing their homework.
[57:30.000 --> 57:33.000]  And the higher level you get with these judges,
[57:33.000 --> 57:40.000]  the more sensitive they are to judicial conduct complaints or criminal complaints
[57:40.000 --> 57:44.000]  because it puts bad marks on their record.
[57:44.000 --> 57:48.000]  And if this district judge wants to go to the court of appeals
[57:48.000 --> 57:52.000]  and he's got a couple of judicial conduct complaints against her
[57:52.000 --> 57:58.000]  and these other five judges don't, well, she's knocked out of the running.
[57:58.000 --> 58:04.000]  So you'll see it gets way more political higher up
[58:04.000 --> 58:11.000]  and you can get a whole lot more traction if you write good, well-thought-out pleadings.
[58:11.000 --> 58:13.000]  Right.
[58:13.000 --> 58:19.000]  I hear the music but I had one more statement I wanted to comment about.
[58:19.000 --> 58:21.000]  Goodbye.
[58:21.000 --> 58:22.000]  Okay, quickly.
[58:22.000 --> 58:24.000]  You only got 30 seconds.
[58:24.000 --> 58:27.000]  No, I'm not going to be able to finish it.
[58:27.000 --> 58:28.000]  Okay, hang on.
[58:28.000 --> 58:30.000]  We'll pick that up on the other side.
[58:30.000 --> 58:33.000]  This is Randy Kelton, root of the radio.
[58:33.000 --> 58:37.000]  I'll call it number 512-646-1984.
[58:37.000 --> 58:39.000]  Renee, Joe, I see you there.
[58:39.000 --> 58:41.000]  We'll get you on the other side.
[58:41.000 --> 58:43.000]  And Scott, you need to call back.
[58:43.000 --> 58:46.000]  I wanted to beat you up on the air and you dropped off.
[58:46.000 --> 58:49.000]  We'll be right back.
[58:49.000 --> 58:53.000]  Would you like to make more definite progress in your walk with God?
[58:53.000 --> 58:57.000]  Bibles for America is offering a free study Bible
[58:57.000 --> 59:00.000]  and a set of free Christian books that can really help.
[59:00.000 --> 59:05.000]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
[59:05.000 --> 59:09.000]  It's an accurate translation and it contains thousands of footnotes
[59:09.000 --> 59:13.000]  that will help you to know God and to know the meaning of life.
[59:13.000 --> 59:18.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.000 --> 59:21.000]  Chapter by chapter, Basic Elements of the Christian Life
[59:21.000 --> 59:25.000]  clearly presents God's plan of salvation, growing in Christ,
[59:25.000 --> 59:27.000]  and how to build up the church.
[59:27.000 --> 59:30.000]  To order your free New Testament Recovery Version
[59:30.000 --> 59:33.000]  and Basic Elements of the Christian Life,
[59:33.000 --> 59:40.000]  call Bibles for America toll free at 888-551-0102.
[59:40.000 --> 59:44.000]  That's 888-551-0102.
[59:44.000 --> 59:52.000]  Or visit us online at bfa.org.
[59:52.000 --> 01:00:01.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:01.000 --> 01:00:06.000]  The following news flash is brought to you by the Lone Star Lowdown,
[01:00:06.000 --> 01:00:09.000]  providing the jelly bulletins for the commodities market,
[01:00:09.000 --> 01:00:13.000]  Today in History, news updates,
[01:00:13.000 --> 01:00:22.000]  and the inside scoop into the tides of the alternative.
[01:00:22.000 --> 01:00:25.000]  Markets for Friday, the 16th of September, 2016,
[01:00:25.000 --> 01:00:29.000]  are currently trading with gold at $1,309.71 an ounce,
[01:00:29.000 --> 01:00:32.000]  silver $18.76 an ounce,
[01:00:32.000 --> 01:00:35.000]  Texas crude $43.91 a barrel,
[01:00:35.000 --> 01:00:45.000]  and Bitcoin is currently sitting at about $607 U.S. currency.
[01:00:45.000 --> 01:00:49.000]  Today in History, the year 1920, the Wall Street bombing occurred.
[01:00:49.000 --> 01:00:52.000]  At 1201 noon, in front of the J.P. Morgan building
[01:00:52.000 --> 01:00:54.000]  in the Financial District of Manhattan,
[01:00:54.000 --> 01:00:57.000]  a bomb in a horse wagon exploded, killing 30 people immediately,
[01:00:57.000 --> 01:01:00.000]  while another 8 people died afterwards due to injuries,
[01:01:00.000 --> 01:01:03.000]  and at least 143 people were seriously injured.
[01:01:03.000 --> 01:01:05.000]  The bombing was never officially solved,
[01:01:05.000 --> 01:01:08.000]  but many investigators and historians believe that the Wall Street bombing
[01:01:08.000 --> 01:01:12.000]  was carried out by the Galenist or Italian syndicalist anarchist groups
[01:01:12.000 --> 01:01:15.000]  responsible for a series of bombings the previous year,
[01:01:15.000 --> 01:01:18.000]  thought to have been stirred up about due to post-war social unrest,
[01:01:18.000 --> 01:01:27.000]  labor struggles, and anti-capitalist agitation in the United States.
[01:01:27.000 --> 01:01:30.000]  In recent news, Obama hosted a meeting at the Oval Office
[01:01:30.000 --> 01:01:32.000]  with former Mayor of New York Michael Bloomberg,
[01:01:32.000 --> 01:01:34.000]  Treasury Secretary under George W. Bush Hank Paulson,
[01:01:34.000 --> 01:01:37.000]  Atlanta Mayor Kason Reid, Ohio Governor John Kasich,
[01:01:37.000 --> 01:01:39.000]  former contender for the Republican presidential bid,
[01:01:39.000 --> 01:01:41.000]  and many other individuals.
[01:01:41.000 --> 01:01:44.000]  The topic of discussion, the Trans-Pacific Partnership,
[01:01:44.000 --> 01:01:46.000]  the 12-Nation Pacific Rim Free Trade Deal,
[01:01:46.000 --> 01:01:48.000]  and how to make it legislation.
[01:01:48.000 --> 01:01:50.000]  It seemed that the President, being on the last stretch of his presidency,
[01:01:50.000 --> 01:01:54.000]  and with both Donald Trump and Hillary Clinton at least rhetorically opposed
[01:01:54.000 --> 01:01:58.000]  to the 12-Nation Treaty, establishment insiders like politician John Kasich
[01:01:58.000 --> 01:02:02.000]  is working overtime with the President for free trade, so-called,
[01:02:02.000 --> 01:02:04.000]  he told the media during the White House press briefing.
[01:02:04.000 --> 01:02:07.000]  This one, TPP, is much different than even NAFTA.
[01:02:07.000 --> 01:02:11.000]  This is China. This is Russia. These are fledgling countries in Asia.
[01:02:11.000 --> 01:02:14.000]  And we want to pivot to Asia? We have to do this.
[01:02:14.000 --> 01:02:17.000]  This is an opportunity for Congress to carry out its responsibility.
[01:02:17.000 --> 01:02:21.000]  You got to get this done. I'd love to think it could happen next year.
[01:02:21.000 --> 01:02:24.000]  I'm not convinced it can happen after this year.
[01:02:24.000 --> 01:02:27.000]  So in other words, get ready for a sneaky legislative session this fall
[01:02:27.000 --> 01:02:31.000]  since Kasich also defended the prospect of Obama pushing TPP
[01:02:31.000 --> 01:02:35.000]  towards the lame-duck season of Congress, which, no, isn't all year,
[01:02:35.000 --> 01:02:37.000]  but apparently after the November elections,
[01:02:37.000 --> 01:02:42.000]  but before the swearing-in of the new President in Congress in January.
[01:02:42.000 --> 01:02:45.000]  The Lone Star Lowdown is currently looking for sponsors
[01:02:45.000 --> 01:02:48.000]  to ship a product or service you'd like to advertise with us.
[01:02:48.000 --> 01:02:53.000]  Feel free to give me a call at 210-363-2257.
[01:02:53.000 --> 01:02:58.000]  This is Rick Brody with your Lowdown for September 16, 2016.
[01:03:23.000 --> 01:03:25.000]  Okay. We are back.
[01:03:25.000 --> 01:03:29.000]  Randy Kelkin, we're on the radio and we're talking to Olivier in Texas.
[01:03:29.000 --> 01:03:32.000]  Texas. Olivier in Tennessee.
[01:03:32.000 --> 01:03:34.000]  Okay. Go ahead.
[01:03:34.000 --> 01:03:40.000]  Okay. I'm going to give you a quick statement of the pleadings that,
[01:03:40.000 --> 01:03:45.000]  like, a situation about good pleadings that you said that came about,
[01:03:45.000 --> 01:03:48.000]  and then I'm going to give you a little situation where I want you to answer.
[01:03:48.000 --> 01:03:53.000]  The statement part was, you're right about the good writing, good pleadings and stuff,
[01:03:53.000 --> 01:03:59.000]  because on the criminal side, I never got to go to trial to argue my point.
[01:03:59.000 --> 01:04:02.000]  I just mentioned what I was going to argue and they just let it go.
[01:04:02.000 --> 01:04:08.000]  But now on the civil side, where I actually written it down and turned it in,
[01:04:08.000 --> 01:04:13.000]  man, now that, you know, the people who can read and the people who understand the law,
[01:04:13.000 --> 01:04:15.000]  when they look at me, they look at me like, you know, you're about,
[01:04:15.000 --> 01:04:18.000]  they stare at me like, you're about to tear the city up.
[01:04:18.000 --> 01:04:20.000]  Like, I never, I didn't look at it like that.
[01:04:20.000 --> 01:04:22.000]  I didn't know that this law exists, you know.
[01:04:22.000 --> 01:04:28.000]  Like, to have it physically written down and then defined and explained
[01:04:28.000 --> 01:04:32.000]  from a master's point of view is, like, very impossible.
[01:04:32.000 --> 01:04:37.000]  And it's also, it's the two lawsuits that I filed.
[01:04:37.000 --> 01:04:45.000]  One on the clothes, like clothes, the building officials and stuff like that, and the police
[01:04:45.000 --> 01:04:51.000]  and false imprisonment has already had policies being changed in the city, already.
[01:04:51.000 --> 01:04:59.000]  Last week I called them and told the city that if, I would give them one week to clear up their mess.
[01:04:59.000 --> 01:05:08.000]  If I see any of their, any of my servants running around the city on private property or violating private property,
[01:05:08.000 --> 01:05:09.000]  I'm going to hit them with a retail suit.
[01:05:09.000 --> 01:05:12.000]  I told them that my servants are not slaves.
[01:05:12.000 --> 01:05:17.000]  Only slaves go around breaking laws on command of another.
[01:05:17.000 --> 01:05:20.000]  I said, there is no slave in my city.
[01:05:20.000 --> 01:05:25.000]  I said, my servants will be respected and I will also be respected.
[01:05:25.000 --> 01:05:26.000]  My civilians will be respected.
[01:05:26.000 --> 01:05:31.000]  I said, if this does not stop within a week, I will hit you with a retail suit.
[01:05:31.000 --> 01:05:40.000]  And they're like, yes, Mr. Lee, I'm going to explain this to them and we're going to see what we're going to do.
[01:05:40.000 --> 01:05:43.000]  We're going to, we're taking you seriously.
[01:05:43.000 --> 01:05:45.000]  It felt so good.
[01:05:45.000 --> 01:05:47.000]  It felt so good.
[01:05:47.000 --> 01:05:50.000]  And then I have, I have a few people who are on the other side.
[01:05:50.000 --> 01:05:56.000]  You know, they have to, they have to keep their positions, but they filter through the community
[01:05:56.000 --> 01:06:01.000]  and the community come back and tell me what my efforts are doing.
[01:06:01.000 --> 01:06:05.000]  So they told me that things are being changed around.
[01:06:05.000 --> 01:06:09.000]  Somebody came and told me the other day that I'm about to get paid.
[01:06:09.000 --> 01:06:11.000]  I'm like, you're about to get paid.
[01:06:11.000 --> 01:06:19.000]  So the whole writing that pleading was so descriptive.
[01:06:19.000 --> 01:06:25.000]  And it made, hearing Eddie and all these other shows, it made me so, you know what I'm saying,
[01:06:25.000 --> 01:06:33.000]  tuned to what was going on that I was able to put it down on paper so clearly that they realized policy is done.
[01:06:33.000 --> 01:06:35.000]  Their policy is finished.
[01:06:35.000 --> 01:06:38.000]  Mr. Olivier was cleaning up house.
[01:06:38.000 --> 01:06:43.000]  And they said to themselves, we did not interpret the law this way.
[01:06:43.000 --> 01:06:49.000]  Kate, you are the reason we do these shows.
[01:06:49.000 --> 01:06:51.000]  We deal with a lot of people.
[01:06:51.000 --> 01:06:53.000]  We do our best to help a lot of people.
[01:06:53.000 --> 01:07:02.000]  But every once in a while, we come across someone who essentially becomes one of us.
[01:07:02.000 --> 01:07:04.000]  And it takes some.
[01:07:04.000 --> 01:07:08.000]  You got, you've been infected.
[01:07:08.000 --> 01:07:13.000]  You understand the value and the power of this.
[01:07:13.000 --> 01:07:21.000]  And frankly, I'm struggling not to underestimate you.
[01:07:21.000 --> 01:07:28.000]  You've caught me a couple of times underestimating your research and your work.
[01:07:28.000 --> 01:07:32.000]  And I did want you to know that I am impressed.
[01:07:32.000 --> 01:07:35.000]  I look, I'm from Tennessee.
[01:07:35.000 --> 01:07:42.000]  So as a matter of fact, I know someone else in Jackson that I want to get you in contact with, Danny Murphy.
[01:07:42.000 --> 01:07:45.000]  He used to call in the show all the time.
[01:07:45.000 --> 01:07:56.000]  But if I come to Tennessee to help somebody with a legal issue, I'm going to want you to run point for me.
[01:07:56.000 --> 01:08:00.000]  And after I get paid, I'm coming to see you.
[01:08:00.000 --> 01:08:02.000]  I'm going to be right there.
[01:08:02.000 --> 01:08:03.000]  I ain't going to have nothing else to do.
[01:08:03.000 --> 01:08:05.000]  I'm going to get paid.
[01:08:05.000 --> 01:08:07.000]  I'm going to be right there.
[01:08:07.000 --> 01:08:11.000]  If you come to Texas, you're going to have to learn to speak the language.
[01:08:11.000 --> 01:08:12.000]  Yes, sir, I will.
[01:08:12.000 --> 01:08:16.000]  Yeah, they don't speak hillbilly in Texas.
[01:08:16.000 --> 01:08:20.000]  They speak redneck.
[01:08:20.000 --> 01:08:23.000]  I am multilingual.
[01:08:23.000 --> 01:08:28.000]  I speak hillbilly and redneck.
[01:08:28.000 --> 01:08:37.000]  On the statement, like on the statement or pleadings, right, now that we know I've written it out so well,
[01:08:37.000 --> 01:08:53.000]  I'm contemplating on what can I do to someone who in a trial tries to represent a law in a way that is not represented or is not law?
[01:08:53.000 --> 01:08:55.000]  That is recommended.
[01:08:55.000 --> 01:08:56.000]  Correct.
[01:08:56.000 --> 01:09:09.000]  Okay, well, it's recommended that lawyers take fact sets that are not already addressed in law
[01:09:09.000 --> 01:09:16.000]  and expand the law to encompass new sets of facts.
[01:09:16.000 --> 01:09:20.000]  That's encouraged.
[01:09:20.000 --> 01:09:26.000]  This is how the law grows because the law can't address every possibility.
[01:09:26.000 --> 01:09:31.000]  So we need to take new sets of facts.
[01:09:31.000 --> 01:09:43.000]  And the way we do legal research is if you look at the court cases, you almost never come across a case that only addresses one point.
[01:09:43.000 --> 01:09:45.000]  They'll address a number of points.
[01:09:45.000 --> 01:09:51.000]  And when you read these orders, the orders will say, in this case, we rule this way.
[01:09:51.000 --> 01:09:53.000]  And in this case, we rule this way.
[01:09:53.000 --> 01:10:02.000]  And what they're doing is they're leading up to this position because they've got cases that are close to it and lead up to it.
[01:10:02.000 --> 01:10:05.000]  And they've got cases that lead away from it.
[01:10:05.000 --> 01:10:12.000]  But this particular idiosyncrasy hasn't been addressed before.
[01:10:12.000 --> 01:10:17.000]  So they'll show you how we got here and show you the cases that follow it.
[01:10:17.000 --> 01:10:21.000]  And then they'll say, this is why we're ruling this one this way.
[01:10:21.000 --> 01:10:26.000]  This is what judges like to do the best.
[01:10:26.000 --> 01:10:34.000]  They don't like to sit there and hear the same old junk over and over and over.
[01:10:34.000 --> 01:10:38.000]  It gets incredibly boring.
[01:10:38.000 --> 01:10:45.000]  What they like is you to bring them something new where they really got to work their brains.
[01:10:45.000 --> 01:10:52.000]  And with what you're doing, they may not like you.
[01:10:52.000 --> 01:10:54.000]  I understand what you're saying.
[01:10:54.000 --> 01:10:56.000]  I understand what you're saying, but the way I was reading it...
[01:10:56.000 --> 01:10:58.000]  But they respect you.
[01:10:58.000 --> 01:11:04.000]  And if I've got to have one or the other, I'll take the second one any day.
[01:11:04.000 --> 01:11:13.000]  And you will find as you get higher up in the courts and as your arguments get more sophisticated,
[01:11:13.000 --> 01:11:18.000]  you'll get a lot more respect and you'll get better rulings.
[01:11:18.000 --> 01:11:29.000]  We have a case before the California Supreme right now where we're asking the California Supreme
[01:11:29.000 --> 01:11:34.000]  to distinguish a case they just filed.
[01:11:34.000 --> 01:11:42.000]  They put out a case, the Inova case, that said that after foreclosure,
[01:11:42.000 --> 01:11:48.000]  a borrower can challenge an assignment.
[01:11:48.000 --> 01:11:54.000]  And we're saying, wait a minute, what does after foreclosure mean?
[01:11:54.000 --> 01:12:03.000]  Does after foreclosure mean after the beginning of foreclosure or after the completion of foreclosure?
[01:12:03.000 --> 01:12:08.000]  So we're asking them to distinguish this and define this term.
[01:12:08.000 --> 01:12:11.000]  This is the kind of thing the judges like to do.
[01:12:11.000 --> 01:12:20.000]  And if you can find well-structured arguments for taking a new position on law,
[01:12:20.000 --> 01:12:26.000]  this is like giving the judge a crossword puzzle.
[01:12:26.000 --> 01:12:29.000]  They'll like you.
[01:12:29.000 --> 01:12:32.000]  And it sounds like you're doing that already.
[01:12:32.000 --> 01:12:36.000]  You're asking them questions they haven't been asked in years.
[01:12:36.000 --> 01:12:37.000]  Exactly.
[01:12:37.000 --> 01:12:45.000]  I understand what you're saying, but I've contemplated that to a point so well that I've realized that
[01:12:45.000 --> 01:12:50.000]  the way I've written my pleading in this case, because it's just from the statutory
[01:12:50.000 --> 01:12:56.000]  and it's conclusive orders and it's directed to the municipalities and everything,
[01:12:56.000 --> 01:12:58.000]  that you can't answer this.
[01:12:58.000 --> 01:13:00.000]  I already answered it.
[01:13:00.000 --> 01:13:06.000]  I answered it with the orders that were written from your master.
[01:13:06.000 --> 01:13:15.000]  So in my view, if you apply any other answer to that, you're violating, I'm not sure,
[01:13:15.000 --> 01:13:18.000]  but I feel like it because I don't know the law conclusively yet,
[01:13:18.000 --> 01:13:24.000]  but you're manipulating the law to do something saying this is why we're in this position in the first place
[01:13:24.000 --> 01:13:29.000]  because you want to come here and twist what the master says.
[01:13:29.000 --> 01:13:35.000]  And you have to understand it's always been this way.
[01:13:35.000 --> 01:13:44.000]  We have all of these different factions trying to manipulate the law to serve their interests.
[01:13:44.000 --> 01:13:45.000]  Okay.
[01:13:45.000 --> 01:13:52.000]  Is there a way I can hit them if we go to trial or in trial?
[01:13:52.000 --> 01:13:57.000]  Is there a way can I hit them on another sense when they do that,
[01:13:57.000 --> 01:14:03.000]  when they make a statement that is not supported by law?
[01:14:03.000 --> 01:14:07.000]  Do you have a lawyer on the other side?
[01:14:07.000 --> 01:14:11.000]  Lawyers are terrified of sanctions.
[01:14:11.000 --> 01:14:12.000]  Sanctions.
[01:14:12.000 --> 01:14:16.000]  And a judge can sanction a lawyer anything he wants to,
[01:14:16.000 --> 01:14:24.000]  and the thing the judge is most likely to sanction a lawyer for is bringing bad law.
[01:14:24.000 --> 01:14:31.000]  Because if the lawyer brings bad law to the judge and the judge trusts the lawyer
[01:14:31.000 --> 01:14:36.000]  and accepts his law as factual,
[01:14:36.000 --> 01:14:40.000]  and then he gets appealed to the Court of Appeals,
[01:14:40.000 --> 01:14:45.000]  and the appeals court comes back and says, what is this garbage?
[01:14:45.000 --> 01:14:46.000]  This is bad law.
[01:14:46.000 --> 01:14:48.000]  What are you doing ruling on bad law?
[01:14:48.000 --> 01:14:51.000]  The judge is not going to be a happy camper.
[01:14:51.000 --> 01:14:57.000]  And he's going to go get that lawyer by the throat for giving him bad law.
[01:14:57.000 --> 01:15:03.000]  Lawyers are more afraid of giving judges bad law than anything else.
[01:15:03.000 --> 01:15:07.000]  You, you're just a chump, pro se.
[01:15:07.000 --> 01:15:13.000]  You can screw up the law all you want to, and all they'll do is gripe at you.
[01:15:13.000 --> 01:15:17.000]  But the lawyer, he is learning counsel.
[01:15:17.000 --> 01:15:20.000]  He cannot make these mistakes.
[01:15:20.000 --> 01:15:28.000]  That's why you have trouble getting lawyers to file pleadings that they haven't filed a hundred times.
[01:15:28.000 --> 01:15:34.000]  They don't want to risk a legal mistake.
[01:15:34.000 --> 01:15:40.000]  So you as a pro se, that gives you a tremendous advantage.
[01:15:40.000 --> 01:15:47.000]  When you understand that these lawyers do not want to argue unique issues,
[01:15:47.000 --> 01:15:54.000]  you start throwing unique issues at them and you terrify them.
[01:15:54.000 --> 01:15:56.000]  Does that make sense?
[01:15:56.000 --> 01:15:58.000]  Yes.
[01:15:58.000 --> 01:16:03.000]  Lawyers don't live where they, where most people think they do.
[01:16:03.000 --> 01:16:07.000]  Lawyers are not Perry Mason.
[01:16:07.000 --> 01:16:08.000]  They're, they're businessmen.
[01:16:08.000 --> 01:16:10.000]  They're trying to make money.
[01:16:10.000 --> 01:16:12.000]  And they're terrified of the judges.
[01:16:12.000 --> 01:16:17.000]  They think the judges will jerk their bar, bar card at the drop of a hat.
[01:16:17.000 --> 01:16:20.000]  So they're not going to do anything to annoy that judge.
[01:16:20.000 --> 01:16:26.000]  The only thing they're more afraid of that, than the judge is their own client.
[01:16:26.000 --> 01:16:28.000]  These are the two that can really hurt him.
[01:16:28.000 --> 01:16:33.000]  And lawyers spend their whole career trying to walk a tightrope between the two.
[01:16:33.000 --> 01:16:40.000]  When they come across somebody who knows how things are going on, they are screwed.
[01:16:40.000 --> 01:16:42.000]  Hang on, about to go to break.
[01:16:42.000 --> 01:16:44.000]  We do need to move on.
[01:16:44.000 --> 01:16:47.000]  We've got three more callers and we're running out of time.
[01:16:47.000 --> 01:16:48.000]  Hang on.
[01:16:48.000 --> 01:16:49.000]  Don't drop off yet.
[01:16:49.000 --> 01:16:50.000]  We'll be right back.
[01:16:50.000 --> 01:17:00.000]  Okay.
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[01:17:41.000 --> 01:17:49.000]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner or email michaelmears at yahoo.com.
[01:17:49.000 --> 01:18:00.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
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[01:19:24.000 --> 01:19:32.000]  Okay.
[01:19:32.000 --> 01:19:33.000]  We are back.
[01:19:33.000 --> 01:19:35.000]  Randy Kelton, the rule of law radio.
[01:19:35.000 --> 01:19:38.000]  We're talking to Olivier in Texas.
[01:19:38.000 --> 01:19:41.000]  I want to put you in Texas, in Tennessee.
[01:19:41.000 --> 01:19:42.000]  I'll be there.
[01:19:42.000 --> 01:19:43.000]  I'll be there.
[01:19:43.000 --> 01:19:45.000]  I'll be there in a little bit.
[01:19:45.000 --> 01:19:48.000]  Okay.
[01:19:48.000 --> 01:19:50.000]  You wanted to finish up.
[01:19:50.000 --> 01:19:56.000]  I spent a lot of time with you, Olivier, because this is why we do the show.
[01:19:56.000 --> 01:20:01.000]  It would be nice if we had somebody like you in every county.
[01:20:01.000 --> 01:20:08.000]  Everything would change if that were the fact.
[01:20:08.000 --> 01:20:09.000]  Okay.
[01:20:09.000 --> 01:20:11.000]  Where are you going from here?
[01:20:11.000 --> 01:20:12.000]  Okay.
[01:20:12.000 --> 01:20:17.000]  I just want to know, just a quick description of them answering.
[01:20:17.000 --> 01:20:20.000]  I understand what you're talking about about attorneys, but these are city attorneys.
[01:20:20.000 --> 01:20:21.000]  So I'm suing the city.
[01:20:21.000 --> 01:20:24.000]  These are city attorneys going against me.
[01:20:24.000 --> 01:20:26.000]  So it's like two against one, right?
[01:20:26.000 --> 01:20:29.000]  Judge and attorney versus me?
[01:20:29.000 --> 01:20:30.000]  Yeah.
[01:20:30.000 --> 01:20:36.000]  See, the problem is they're outgunned.
[01:20:36.000 --> 01:20:37.000]  How?
[01:20:37.000 --> 01:20:39.000]  They're chumps.
[01:20:39.000 --> 01:20:45.000]  They wouldn't be city attorneys and municipal court judges if they could make the big bucks.
[01:20:45.000 --> 01:20:49.000]  They're here because they chump attorneys.
[01:20:49.000 --> 01:20:50.000]  Okay.
[01:20:50.000 --> 01:20:59.000]  So they have to answer every view that I put in my complaint, right?
[01:20:59.000 --> 01:21:04.000]  They have to answer every aspect of the complaint.
[01:21:04.000 --> 01:21:10.000]  Every element of your claim, they have to rebut every element.
[01:21:10.000 --> 01:21:14.000]  They can't skip one.
[01:21:14.000 --> 01:21:20.000]  Oh, wow, that's 40 pages of rebut.
[01:21:20.000 --> 01:21:22.000]  Wait, I missed that.
[01:21:22.000 --> 01:21:25.000]  That's 40 pages that they have to go through.
[01:21:25.000 --> 01:21:26.000]  I still haven't-
[01:21:26.000 --> 01:21:27.000]  Yeah.
[01:21:27.000 --> 01:21:32.000]  They still haven't found an answer, and Monday is the last day for them to find an answer.
[01:21:32.000 --> 01:21:33.000]  Okay.
[01:21:33.000 --> 01:21:34.000]  I have a question, Olivier.
[01:21:34.000 --> 01:21:37.000]  Do you have a job?
[01:21:37.000 --> 01:21:39.000]  Not now.
[01:21:39.000 --> 01:21:44.000]  The last job you had, how much did you make an hour?
[01:21:44.000 --> 01:21:46.000]  $12.
[01:21:46.000 --> 01:21:47.000]  Okay.
[01:21:47.000 --> 01:21:49.000]  You're 12 bucks an hour.
[01:21:49.000 --> 01:21:57.000]  Those attorneys are 200 bucks an hour if they're on the bottom end.
[01:21:57.000 --> 01:22:05.000]  So they got to go through your 40 pages of pleading to 200 bucks an hour.
[01:22:05.000 --> 01:22:10.000]  It's all about the money in the end.
[01:22:10.000 --> 01:22:15.000]  I understand, but if they can't answer it, I don't see no-
[01:22:15.000 --> 01:22:27.000]  Most likely they won't be able to, because I have found that judges and lawyers in municipal courts are chumps.
[01:22:27.000 --> 01:22:28.000]  So what happens then?
[01:22:28.000 --> 01:22:29.000]  Does that mean they have to settle?
[01:22:29.000 --> 01:22:32.000]  Does that mean what happens when they can't?
[01:22:32.000 --> 01:22:39.000]  At the end of the day, the best you can hope for is a settlement.
[01:22:39.000 --> 01:22:44.000]  You need to write down a number that for you would be an equitable outcome.
[01:22:44.000 --> 01:22:52.000]  Your job is not to punish the city, but to do what you've already done.
[01:22:52.000 --> 01:23:00.000]  Act as an influence to effect positive change for everybody else around you.
[01:23:00.000 --> 01:23:05.000]  Okay.
[01:23:05.000 --> 01:23:09.000]  Be comfortable accepting a settlement.
[01:23:09.000 --> 01:23:13.000]  It's perfectly all right to get paid for your time.
[01:23:13.000 --> 01:23:16.000]  You don't have to fight this to the end.
[01:23:16.000 --> 01:23:21.000]  Our only purpose is to change what people are doing.
[01:23:21.000 --> 01:23:23.000]  I go out and file criminal charges all the time.
[01:23:23.000 --> 01:23:26.000]  I never want anybody indicted.
[01:23:26.000 --> 01:23:29.000]  Don't take it personally, but just go for my change.
[01:23:29.000 --> 01:23:31.000]  I want change.
[01:23:31.000 --> 01:23:32.000]  Yeah, that's it.
[01:23:32.000 --> 01:23:33.000]  We want them to fix what's going wrong.
[01:23:33.000 --> 01:23:37.000]  That's our job as the masters of the servants.
[01:23:37.000 --> 01:23:39.000]  We want the servants to fix the problems.
[01:23:39.000 --> 01:23:41.000]  We get them to fix the problems.
[01:23:41.000 --> 01:23:43.000]  We don't need to beat anybody up.
[01:23:43.000 --> 01:23:45.000]  We don't need to get retribution.
[01:23:45.000 --> 01:23:54.000]  You know, I had a bailiff break my elbow one time to keep me from filing criminal charges with the grand jury.
[01:23:54.000 --> 01:23:58.000]  He dragged me down the stairs, shoved me out the door, knocked me down, broke my elbow.
[01:23:58.000 --> 01:24:00.000]  That really hurt.
[01:24:00.000 --> 01:24:02.000]  It still hurts.
[01:24:02.000 --> 01:24:06.000]  But I did not go after him.
[01:24:06.000 --> 01:24:12.000]  All I would have done was have ended his career and it wouldn't have changed anything.
[01:24:12.000 --> 01:24:16.000]  I had to keep in mind, why am I here?
[01:24:16.000 --> 01:24:18.000]  I'm here to change things.
[01:24:18.000 --> 01:24:22.000]  I'm here to make things better for everybody.
[01:24:22.000 --> 01:24:32.000]  That is what will make you the most dangerous person that ever comes into their courthouse.
[01:24:32.000 --> 01:24:37.000]  They're not going to get you PO'd and get you to do something stupid.
[01:24:37.000 --> 01:24:42.000]  You have a goal in front of you and they're not going to sway you from it.
[01:24:42.000 --> 01:24:44.000]  It makes no difference what they do.
[01:24:44.000 --> 01:24:50.000]  You just keep coming right at them and you push them into the place you want to be.
[01:24:50.000 --> 01:24:55.000]  That's why I always tell people, write down where you want to be.
[01:24:55.000 --> 01:25:00.000]  If they want to settle, go ahead and take the settlement,
[01:25:00.000 --> 01:25:04.000]  but continue putting pressure on the department when I see something wrong.
[01:25:04.000 --> 01:25:06.000]  Absolutely.
[01:25:06.000 --> 01:25:09.000]  Take the settlement and be glad you be good.
[01:25:09.000 --> 01:25:11.000]  Be comfortable about it.
[01:25:11.000 --> 01:25:13.000]  You have a right to be paid.
[01:25:13.000 --> 01:25:16.000]  That's two people, $750,000.
[01:25:16.000 --> 01:25:20.000]  That's way more than I thought and I got 13 more suits.
[01:25:20.000 --> 01:25:22.000]  I understand what you're saying.
[01:25:22.000 --> 01:25:24.000]  Don't punish them.
[01:25:24.000 --> 01:25:30.000]  If they're bowing out, take the money and continue running the processes until my community gets the way I want it.
[01:25:30.000 --> 01:25:31.000]  It's all about the money.
[01:25:31.000 --> 01:25:33.000]  They don't want to put out this money.
[01:25:33.000 --> 01:25:39.000]  When they have to put out money, they're going to take steps to make sure this doesn't happen again.
[01:25:39.000 --> 01:25:40.000]  Okay.
[01:25:40.000 --> 01:25:42.000]  You cleared up a lot for me tonight.
[01:25:42.000 --> 01:25:44.000]  Thank you.
[01:25:44.000 --> 01:25:45.000]  Thank you, Oliver.
[01:25:45.000 --> 01:25:49.000]  Now we're going to go to Renee in Texas.
[01:25:49.000 --> 01:25:51.000]  Hello, Renee.
[01:25:51.000 --> 01:25:53.000]  Hey there, Randy.
[01:25:53.000 --> 01:26:01.000]  Sorry to keep you hanging on so long, but Oliver is one of my stars.
[01:26:01.000 --> 01:26:03.000]  Yeah, Olivier sounds like he's having a good time.
[01:26:03.000 --> 01:26:06.000]  I think the two of you have a good time.
[01:26:06.000 --> 01:26:08.000]  I tried to beat him in.
[01:26:08.000 --> 01:26:10.000]  I got dropped off from the very beginning.
[01:26:10.000 --> 01:26:11.000]  I had him.
[01:26:11.000 --> 01:26:14.000]  I did beat him in, but for some reason...
[01:26:14.000 --> 01:26:20.000]  Yeah, the producer told me that, and I was supposed to take you first, and I forgot.
[01:26:20.000 --> 01:26:21.000]  That's okay.
[01:26:21.000 --> 01:26:22.000]  My bad.
[01:26:22.000 --> 01:26:26.000]  Something you might have also forgot, though, but I didn't get...
[01:26:26.000 --> 01:26:30.000]  Did you get my email?
[01:26:30.000 --> 01:26:32.000]  The foreclosure.
[01:26:32.000 --> 01:26:33.000]  Stupid.
[01:26:33.000 --> 01:26:35.000]  It's pre-foreclosure.
[01:26:35.000 --> 01:26:38.000]  I am not sure.
[01:26:38.000 --> 01:26:43.000]  What is the first few letters of your email address?
[01:26:43.000 --> 01:26:46.000]  How did I send it?
[01:26:46.000 --> 01:26:56.000]  It's either body balance or RL designed.
[01:26:56.000 --> 01:27:00.000]  Neither one of those sound familiar.
[01:27:00.000 --> 01:27:08.000]  I sent it right after the show, maybe the next day, so that'd been last Saturday.
[01:27:08.000 --> 01:27:10.000]  Either way...
[01:27:10.000 --> 01:27:16.000]  Send me another one today, and it'll come up at the top, and then I'll go look for it.
[01:27:16.000 --> 01:27:17.000]  Okay.
[01:27:17.000 --> 01:27:20.000]  It's going to include the...
[01:27:20.000 --> 01:27:22.000]  I'm writing a letter to...
[01:27:22.000 --> 01:27:25.000]  I talked to a friend of mine who's an attorney.
[01:27:25.000 --> 01:27:36.000]  She said, find out about the title company claiming that they wipe everything off their system.
[01:27:36.000 --> 01:27:39.000]  She thought that was silly, too.
[01:27:39.000 --> 01:27:47.000]  Then asked them to produce the statute or law that tells them that they can do that.
[01:27:47.000 --> 01:27:48.000]  Okay.
[01:27:48.000 --> 01:27:49.000]  Back that up again.
[01:27:49.000 --> 01:27:50.000]  I missed part of that.
[01:27:50.000 --> 01:27:52.000]  We were looking for my closing documents.
[01:27:52.000 --> 01:27:53.000]  Oh, okay.
[01:27:53.000 --> 01:27:57.000]  Because you wanted to go that angle.
[01:27:57.000 --> 01:27:58.000]  Yeah.
[01:27:58.000 --> 01:28:03.000]  It's in the law that they're only required to keep the closing documents for, I think,
[01:28:03.000 --> 01:28:06.000]  six years, five or six years.
[01:28:06.000 --> 01:28:08.000]  Oh, you did find that, okay.
[01:28:08.000 --> 01:28:09.000]  Oh, yeah.
[01:28:09.000 --> 01:28:11.000]  I've known about that.
[01:28:11.000 --> 01:28:21.000]  But in the real world, database managers do not want to purge their database.
[01:28:21.000 --> 01:28:25.000]  They probably still got them.
[01:28:25.000 --> 01:28:27.000]  Okay.
[01:28:27.000 --> 01:28:29.000]  It's been 10 years that I'm going to try.
[01:28:29.000 --> 01:28:32.000]  It's texture fair, and I see these title companies.
[01:28:32.000 --> 01:28:33.000]  I think they're...
[01:28:33.000 --> 01:28:34.000]  Oh, okay.
[01:28:34.000 --> 01:28:42.000]  Now I remember you, we can extrapolate an amount.
[01:28:42.000 --> 01:28:48.000]  If you know what the original seller was asking for the property.
[01:28:48.000 --> 01:28:49.000]  Yeah.
[01:28:49.000 --> 01:28:51.000]  You asked me that.
[01:28:51.000 --> 01:28:53.000]  135.
[01:28:53.000 --> 01:28:54.000]  I do.
[01:28:54.000 --> 01:28:57.000]  I know those figures.
[01:28:57.000 --> 01:29:01.000]  I know what I put down, and I know what my original note was, of course.
[01:29:01.000 --> 01:29:06.000]  And I know approximate closing costs.
[01:29:06.000 --> 01:29:09.000]  I believe we split it.
[01:29:09.000 --> 01:29:13.000]  Approximate closing cost is good enough.
[01:29:13.000 --> 01:29:16.000]  Okay.
[01:29:16.000 --> 01:29:17.000]  Okay.
[01:29:17.000 --> 01:29:25.000]  In the end, for the most part, we've almost never actually adjudicated these issues.
[01:29:25.000 --> 01:29:30.000]  We bring them, and we got this big number.
[01:29:30.000 --> 01:29:36.000]  Whatever number we bring, the other side is going to argue against the number.
[01:29:36.000 --> 01:29:44.000]  What we need to be able to do is say, this is how we got to this number.
[01:29:44.000 --> 01:29:47.000]  Doesn't matter if that's right or not.
[01:29:47.000 --> 01:29:48.000]  Right.
[01:29:48.000 --> 01:29:49.000]  Okay, hang on.
[01:29:49.000 --> 01:29:50.000]  We're about to go to break.
[01:29:50.000 --> 01:29:52.000]  Let's pick this up on the other side.
[01:29:52.000 --> 01:30:02.000]  We'll be right back.
[01:30:02.000 --> 01:30:06.000]  While the rest of us ooh and ah over what Hollywood stars are wearing on the red carpet,
[01:30:06.000 --> 01:30:10.000]  Paco Rostain is up to his elbows in their garbage, literally.
[01:30:10.000 --> 01:30:14.000]  I'm Dr. Catherine Albrecht, and I'll be back to talk trash in just a moment.
[01:30:14.000 --> 01:30:16.000]  Privacy is under attack.
[01:30:16.000 --> 01:30:20.000]  When you give up data about yourself, you'll never get it back again.
[01:30:20.000 --> 01:30:25.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:25.000 --> 01:30:30.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:30.000 --> 01:30:33.000]  Privacy, it's worth hanging onto.
[01:30:33.000 --> 01:30:36.000]  This public service announcement is brought to you by Startpage.com,
[01:30:36.000 --> 01:30:40.000]  the private search engine alternative to Google, Yahoo, and Bing.
[01:30:40.000 --> 01:30:44.000]  Start over with Startpage.
[01:30:44.000 --> 01:30:46.000]  Your trash speaks volumes about you.
[01:30:46.000 --> 01:30:49.000]  Just ask garbage snoop artist Paco Rostain.
[01:30:49.000 --> 01:30:53.000]  He profiles luminaries like Madonna and Mel Gibson by analyzing their discards
[01:30:53.000 --> 01:30:55.000]  and photographing the evidence.
[01:30:55.000 --> 01:30:59.000]  His fines range from the trivial like Sharon Stone's 12 empty cans of peach halves
[01:30:59.000 --> 01:31:03.000]  to the downright embarrassing like the adult diaper from Larry King's trash.
[01:31:03.000 --> 01:31:06.000]  Larry vehemently denied it was his.
[01:31:06.000 --> 01:31:10.000]  The cognoscenti plunked down upwards of $6,000 per framed photo of images
[01:31:10.000 --> 01:31:13.000]  like Arnold Schwarzenegger's Cuban cigar stubs.
[01:31:13.000 --> 01:31:14.000]  Isn't this illegal?
[01:31:14.000 --> 01:31:15.000]  Nope.
[01:31:15.000 --> 01:31:19.000]  In most U.S. jurisdictions, it's perfectly legal to go through someone else's
[01:31:19.000 --> 01:31:21.000]  curbside trash without permission, even yours.
[01:31:21.000 --> 01:31:24.000]  So even if you're not rich and famous, think before you toss.
[01:31:24.000 --> 01:31:26.000]  I'm Dr. Catherine Albrecht.
[01:31:26.000 --> 01:31:30.000]  More news and information at CatherineAlbrecht.com.
[01:31:30.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.000 --> 01:31:38.000]  The government says that fire brought it down.
[01:31:38.000 --> 01:31:43.000]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:46.000]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.000 --> 01:31:49.000]  And thousands of my fellow first responders are dying.
[01:31:49.000 --> 01:31:50.000]  I'm not a conspiracy theorist.
[01:31:50.000 --> 01:31:51.000]  I'm a structural engineer.
[01:31:51.000 --> 01:31:52.000]  I'm a New York City correction officer.
[01:31:52.000 --> 01:31:53.000]  I'm an Air Force pilot.
[01:31:53.000 --> 01:31:55.000]  I'm a father who lost his son.
[01:31:55.000 --> 01:31:58.000]  We're Americans, and we deserve the truth.
[01:31:58.000 --> 01:32:01.000]  Go to RememberBuilding7.org today.
[01:32:01.000 --> 01:32:03.000]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:03.000 --> 01:32:06.000]  Did your home receive hail or wind damage from the recent storms?
[01:32:06.000 --> 01:32:09.000]  Come on, we all know the government caused it with their chemtrails,
[01:32:09.000 --> 01:32:11.000]  but good luck getting them to pay for it.
[01:32:11.000 --> 01:32:14.000]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[01:32:14.000 --> 01:32:17.000]  That's why you have insurance, and Hill Country Home Improvements
[01:32:17.000 --> 01:32:21.000]  can handle the claim for you with little to no out-of-pocket expense.
[01:32:21.000 --> 01:32:22.000]  And we accept Bitcoin.
[01:32:22.000 --> 01:32:26.000]  As a multiyear A-plus member of the Better Business Bureau with zero complaints,
[01:32:26.000 --> 01:32:32.000]  you can trust Hill Country Home Improvements to handle your claim and your roof right the first time.
[01:32:32.000 --> 01:32:38.000]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:38.000 --> 01:32:42.000]  Mention the crypto show and get $100 off, and we'll donate another $100
[01:32:42.000 --> 01:32:45.000]  to the Logos Radio Network to help continue this programming.
[01:32:45.000 --> 01:32:50.000]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:50.000 --> 01:32:56.000]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.000 --> 01:32:58.000]  Discounts are based on full roof replacement.
[01:32:58.000 --> 01:33:01.000]  May not actually be kidding about chemtrails.
[01:33:01.000 --> 01:33:26.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:26.000 --> 01:33:34.000]  Okay, we are back. Randy Kelton, Wheelbarg Radio, and we're talking to Renee in Texas.
[01:33:34.000 --> 01:33:38.000]  Okay, Renee, I forgot where we were.
[01:33:38.000 --> 01:33:41.000]  Well, it's very similar to Collines in New York.
[01:33:41.000 --> 01:33:48.000]  Only I'm not an heir or having to deal with a state settlement and stuff like that.
[01:33:48.000 --> 01:33:53.000]  But what you mentioned, and you mentioned it the first time you heard me last week,
[01:33:53.000 --> 01:34:02.000]  which was, you know, we need to go the Declaration of Judgment and then the...
[01:34:02.000 --> 01:34:06.000]  Okay, yeah, this is kind of a standard way.
[01:34:06.000 --> 01:34:10.000]  After doing all these cases, we've got all these different things you can do.
[01:34:10.000 --> 01:34:15.000]  I've got so many things we can do that you can't keep up with all of them.
[01:34:15.000 --> 01:34:24.000]  But in order to get the bank in a position to where you can deal with them,
[01:34:24.000 --> 01:34:29.000]  there's a fairly basic set of steps to take.
[01:34:29.000 --> 01:34:34.000]  The first thing you want to do is a debt validation letter.
[01:34:34.000 --> 01:34:36.000]  We don't know who you guys are.
[01:34:36.000 --> 01:34:38.000]  Prove up who you are.
[01:34:38.000 --> 01:34:42.000]  And once you get that, then you want to do a qualified written request
[01:34:42.000 --> 01:34:49.000]  to claim all of the fees they charge at closing as fraudulent.
[01:34:49.000 --> 01:34:54.000]  And if we don't know the exact amount, we can estimate it.
[01:34:54.000 --> 01:34:56.000]  And here's the deal.
[01:34:56.000 --> 01:35:00.000]  You say there was this much in fees.
[01:35:00.000 --> 01:35:06.000]  If they're going to challenge that, they have to come up with some evidence.
[01:35:06.000 --> 01:35:10.000]  If you can't find the closing document, they're not going to either.
[01:35:10.000 --> 01:35:11.000]  That's right.
[01:35:11.000 --> 01:35:13.000]  So it's your word against theirs.
[01:35:13.000 --> 01:35:19.000]  And in the end, we expect the judge to rule against us anyway, so we don't care.
[01:35:19.000 --> 01:35:21.000]  What we're going to do is hammer the other side.
[01:35:21.000 --> 01:35:25.000]  We want to cost them as much as we can, give them as much grief as we can,
[01:35:25.000 --> 01:35:29.000]  give them a reason to come to the table and make a deal.
[01:35:29.000 --> 01:35:31.000]  That's what you were saying.
[01:35:31.000 --> 01:35:32.000]  What does that look like?
[01:35:32.000 --> 01:35:37.000]  Because I've gone to mediation before, and they always push for the least,
[01:35:37.000 --> 01:35:40.000]  and I'm always pushing for the most.
[01:35:40.000 --> 01:35:41.000]  Okay.
[01:35:41.000 --> 01:35:46.000]  We don't go to mediation with our hat in our hand.
[01:35:46.000 --> 01:35:47.000]  Okay.
[01:35:47.000 --> 01:35:52.000]  We go to mediation with our boots up their behinds.
[01:35:52.000 --> 01:35:56.000]  And that's the whole purpose of what we're doing.
[01:35:56.000 --> 01:36:01.000]  These lawyers recognize what we're doing.
[01:36:01.000 --> 01:36:06.000]  When we hit them with a validation letter,
[01:36:06.000 --> 01:36:10.000]  and then we hit them with a qualified written request,
[01:36:10.000 --> 01:36:17.000]  and then we do a very finely focused petition for declaratory judgment.
[01:36:17.000 --> 01:36:22.000]  The lawyer's going to look at this and say, what in the heck is going on here?
[01:36:22.000 --> 01:36:29.000]  He's going to take a good look at it and say, this guy is setting us up.
[01:36:29.000 --> 01:36:35.000]  We're going to fight this thing, and the only thing he's got in there is this one little issue.
[01:36:35.000 --> 01:36:36.000]  I'm looking at his case.
[01:36:36.000 --> 01:36:40.000]  He's got a half a dozen other issues here.
[01:36:40.000 --> 01:36:44.000]  Why hasn't he filed them yet?
[01:36:44.000 --> 01:36:53.000]  It's going to take the lawyer about 30 seconds to realize he's going to file these things one at a time.
[01:36:53.000 --> 01:36:57.000]  He's just going to plead us to death.
[01:36:57.000 --> 01:37:02.000]  Yeah, that's exactly what we're going to do, but there's actually more than that.
[01:37:02.000 --> 01:37:09.000]  We want to frame the outcome that we're after.
[01:37:09.000 --> 01:37:12.000]  If we're trying to get a specific ruling from the judge,
[01:37:12.000 --> 01:37:16.000]  we don't want to throw everything in the basket all at once
[01:37:16.000 --> 01:37:21.000]  and ask him to look through all of this garbage and find the answer we want him to find.
[01:37:21.000 --> 01:37:23.000]  No, no, no, no, no.
[01:37:23.000 --> 01:37:30.000]  We want to look at the finding that's the easiest for him to make.
[01:37:30.000 --> 01:37:33.000]  We do a declaratory judgment and say,
[01:37:33.000 --> 01:37:36.000]  oh, these guys, here's what the law says they were supposed to do.
[01:37:36.000 --> 01:37:38.000]  Here's what they actually did.
[01:37:38.000 --> 01:37:39.000]  Here's the remedy.
[01:37:39.000 --> 01:37:48.000]  We actually ask you to rule that we have a right to this remedy.
[01:37:48.000 --> 01:37:50.000]  Contractual violations.
[01:37:50.000 --> 01:37:52.000]  I don't want to look at securitization.
[01:37:52.000 --> 01:37:54.000]  I don't want to look at MERS.
[01:37:54.000 --> 01:37:57.000]  They're too complex.
[01:37:57.000 --> 01:38:02.000]  We have Covenant 16 of the mortgage instrument
[01:38:02.000 --> 01:38:09.000]  where both parties agreed to abide by all standing law.
[01:38:09.000 --> 01:38:11.000]  Here we have the Real Estate Settlement Procedures Act
[01:38:11.000 --> 01:38:20.000]  that requires the lender to give notice when the beneficial interest in the note changes.
[01:38:20.000 --> 01:38:28.000]  We have evidence that they sold the thing into a pool and they didn't give us notice.
[01:38:28.000 --> 01:38:31.000]  This is not rocket science.
[01:38:31.000 --> 01:38:34.000]  This is real simple.
[01:38:34.000 --> 01:38:39.000]  What do you usually see in this settlement table?
[01:38:39.000 --> 01:38:46.000]  So we take them apart in little pieces and the lawyer is going to look at it and he's going to know.
[01:38:46.000 --> 01:38:51.000]  This guy's just trying to get rescue to Kata.
[01:38:51.000 --> 01:38:55.000]  He's going to pick us apart one piece at a time.
[01:38:55.000 --> 01:38:57.000]  He gets one ruling in his favor.
[01:38:57.000 --> 01:39:03.000]  We are dog meat.
[01:39:03.000 --> 01:39:07.000]  He's not going to throw them all in the basket at once because we bought and paid for the judge.
[01:39:07.000 --> 01:39:10.000]  The judge is going to throw them all out.
[01:39:10.000 --> 01:39:15.000]  He does them one at a time and the judge throws them out one at a time.
[01:39:15.000 --> 01:39:19.000]  It's going to cost us a fortune.
[01:39:19.000 --> 01:39:29.000]  We're going to have to go back and explain to our client why we're still litigating with this two-bit pro se.
[01:39:29.000 --> 01:39:35.000]  Then we go to them and say, guys, let's make this go away.
[01:39:35.000 --> 01:39:38.000]  Make me a deal.
[01:39:38.000 --> 01:39:44.000]  It's going to cost you a whole lot more to fight me than just make me a deal that we can both go home.
[01:39:44.000 --> 01:39:53.000]  Is it too pie in the sky to get my house free and clear?
[01:39:53.000 --> 01:39:55.000]  Have them leave me alone?
[01:39:55.000 --> 01:39:57.000]  You're saying yes.
[01:39:57.000 --> 01:40:02.000]  The likelihood of that is somewhere between little and none.
[01:40:02.000 --> 01:40:12.000]  The lawyers, the judges have been pretty well bought and paid for by the banks.
[01:40:12.000 --> 01:40:16.000]  Getting your house free and clear, I wouldn't count on it.
[01:40:16.000 --> 01:40:24.000]  There have been a couple of people who have had that happen out of millions.
[01:40:24.000 --> 01:40:30.000]  You're more likely to be struck by lightning five times.
[01:40:30.000 --> 01:40:36.000]  That's unreasonable to think we can do that.
[01:40:36.000 --> 01:40:43.000]  Cut your mortgage in half? That's not hard.
[01:40:43.000 --> 01:40:47.000]  Get a reasonable outcome. That's not terribly.
[01:40:47.000 --> 01:40:58.000]  We had a guy in the capital of California.
[01:40:58.000 --> 01:41:00.000]  I'll think of it in a second.
[01:41:00.000 --> 01:41:05.000]  I haven't been taken enough of my ginkgo biloba.
[01:41:05.000 --> 01:41:10.000]  He was behind $350,000.
[01:41:10.000 --> 01:41:14.000]  We fought him for a year and a half.
[01:41:14.000 --> 01:41:16.000]  They came to him.
[01:41:16.000 --> 01:41:26.000]  They dropped all of the back charges and were willing to go back as if he hadn't missed a payment.
[01:41:26.000 --> 01:41:32.000]  We start back at this date and knock $150,000 off the mortgage.
[01:41:32.000 --> 01:41:40.000]  I cut his mortgage in half, knocked off all his back debts, and he started all over at half the mortgage.
[01:41:40.000 --> 01:41:45.000]  I would say that was a great win.
[01:41:45.000 --> 01:41:48.000]  Sacramento, that's where he was from.
[01:41:48.000 --> 01:41:50.000]  He called me, what should I do?
[01:41:50.000 --> 01:41:57.000]  I said, take it and do not look back.
[01:41:57.000 --> 01:42:01.000]  Figure out what you could readily pay for.
[01:42:01.000 --> 01:42:07.000]  If you're underwater, you want to make sure you get out from underwater.
[01:42:07.000 --> 01:42:10.000]  No, not underwater.
[01:42:10.000 --> 01:42:19.000]  Get something you can live with, but don't expect to win everything.
[01:42:19.000 --> 01:42:24.000]  That's too bad because this is fraud and finance.
[01:42:24.000 --> 01:42:27.000]  Let me do the analysis first.
[01:42:27.000 --> 01:42:29.000]  Let me do a complete analysis.
[01:42:29.000 --> 01:42:34.000]  Once I know how much fraud is there, there's more things.
[01:42:34.000 --> 01:42:38.000]  We go after them individually.
[01:42:38.000 --> 01:42:43.000]  We have ways of bringing claims against the individual participants.
[01:42:43.000 --> 01:42:45.000]  You start bargaining those lawyers.
[01:42:45.000 --> 01:42:53.000]  You double or triple their malpractice insurance or get their malpractice insurance canceled.
[01:42:53.000 --> 01:43:02.000]  There's a lot of leverage to be had there, but in order to do that, I would have to do an evaluation of the mortgage.
[01:43:02.000 --> 01:43:08.000]  I can't talk about it much until I know what all is there.
[01:43:08.000 --> 01:43:16.000]  Call me Tuesday, and I'll put together a program where we can go after it.
[01:43:16.000 --> 01:43:22.000]  I've been really tied up lately, but I'm doing some manufacturing projects I'm working on,
[01:43:22.000 --> 01:43:24.000]  but I'm beginning to get caught up a little bit.
[01:43:24.000 --> 01:43:27.000]  If you'll call me Tuesday, do you have my number?
[01:43:27.000 --> 01:43:28.000]  No.
[01:43:28.000 --> 01:43:29.000]  Send me an email.
[01:43:29.000 --> 01:43:38.000]  I'll email it to you, but my number is 940-399-9922.
[01:43:38.000 --> 01:43:39.000]  Send me an email.
[01:43:39.000 --> 01:43:43.000]  I will send my number back to you, and let's talk Tuesday.
[01:43:43.000 --> 01:43:44.000]  Okay, hang on.
[01:43:44.000 --> 01:43:46.000]  About to go to break.
[01:43:46.000 --> 01:43:58.000]  Randy Kelton, we'll be right back.
[01:43:58.000 --> 01:44:23.000]  I don't have time.
[01:44:58.000 --> 01:45:01.000]  Promo Code Logos.
[01:45:01.000 --> 01:45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:20.000 --> 01:46:26.000]  Okay, we are back. Randy Kelkin with Rule of Law Radio, and it looks like the name dropped off.
[01:46:26.000 --> 01:46:33.000]  We're getting down here towards the end. Okay, now we're going to go to Joe in Texas. Hello, Joe.
[01:46:33.000 --> 01:46:36.000]  Hello, Randy. Can you hear me?
[01:46:36.000 --> 01:46:37.000]  Barely.
[01:46:37.000 --> 01:46:40.000]  Barely. Is this better?
[01:46:40.000 --> 01:46:44.000]  That's not much better. Can you get a little closer to the mic?
[01:46:44.000 --> 01:46:46.000]  All right. How about now?
[01:46:46.000 --> 01:46:48.000]  That's better.
[01:46:48.000 --> 01:46:59.000]  Okay, I've got a, might be a simple question. It's about a form on the sale of a house.
[01:46:59.000 --> 01:47:10.000]  And this is, looks like an IRS form, but it's got the name of the title company at the top,
[01:47:10.000 --> 01:47:20.000]  so it's for pre-closing on the house. And it's called the certification for no information
[01:47:20.000 --> 01:47:26.000]  reporting on the sale or exchange of a principal resident. Are you familiar with this form?
[01:47:26.000 --> 01:47:31.000]  Wait, say that again, of a recipe?
[01:47:31.000 --> 01:47:44.000]  Certification for no information reporting on the sale or exchange of a principal resident.
[01:47:44.000 --> 01:47:52.000]  Never heard of that. I have no idea what that could be.
[01:47:52.000 --> 01:47:54.000]  Great.
[01:47:54.000 --> 01:47:56.000]  Can you email it to me?
[01:47:56.000 --> 01:47:58.000]  Sure, I can email it to you.
[01:47:58.000 --> 01:48:04.000]  Yeah, Randy at ruleoflaradio.com. I have no idea what that could be.
[01:48:04.000 --> 01:48:11.000]  But I get, sometimes I think they just stick a lot of junk in the closing documents,
[01:48:11.000 --> 01:48:16.000]  because they want you, they want to turn your brain to mush.
[01:48:16.000 --> 01:48:23.000]  And they put out all the junk documents first, and something like this you read and you have no idea what it is,
[01:48:23.000 --> 01:48:32.000]  that creates a pattern interruption and disrupts any understanding you had of what was going on.
[01:48:32.000 --> 01:48:41.000]  And they want your brain mush the time they get to the important documents that they want you to sign.
[01:48:41.000 --> 01:48:49.000]  This has been an accusation I've made for a long time that the closing is very carefully crafted
[01:48:49.000 --> 01:48:54.000]  to cause sensory overload.
[01:48:54.000 --> 01:48:59.000]  So that by the time you get to signing the important documents,
[01:48:59.000 --> 01:49:05.000]  your brain is turned to mush and you don't know what the heck you're signing.
[01:49:05.000 --> 01:49:14.000]  So email that to me. I'll have a look at it. I might have a better idea if I see the thing in context.
[01:49:14.000 --> 01:49:17.000]  Okay, I'll do that.
[01:49:17.000 --> 01:49:19.000]  Okay, do you have anything else for us?
[01:49:19.000 --> 01:49:24.000]  No, that's it. Just the mystery of this form.
[01:49:24.000 --> 01:49:35.000]  I mean, I think it's for determining if you've lived in a house for two out of the last five years for tax purposes for the IRS.
[01:49:35.000 --> 01:49:41.000]  Oh, okay. But it absolutely does not sound familiar to me.
[01:49:41.000 --> 01:49:45.000]  Okay. Well, I'll email it to you and then hopefully maybe you can.
[01:49:45.000 --> 01:49:48.000]  Okay, I will look at it. Okay. Thank you.
[01:49:48.000 --> 01:49:49.000]  All right. Thank you.
[01:49:49.000 --> 01:49:53.000]  Now we're going to go to Mike in Texas. Hello, Mike.
[01:49:53.000 --> 01:49:56.000]  Hey, Randy. How's it going?
[01:49:56.000 --> 01:50:05.000]  It's going good. I've been talking about you to my producer on the break and we laughed and we laughed.
[01:50:05.000 --> 01:50:09.000]  Okay. How are things going for you now?
[01:50:09.000 --> 01:50:23.000]  I understand you have a lawyer in your case against the county attorney who can't determine whether or not they destroyed all the evidence or they still haven't.
[01:50:23.000 --> 01:50:33.000]  Absolutely. Yeah, they just keep coming up with contradictory statements. It's kind of amazing.
[01:50:33.000 --> 01:50:47.000]  So let's see, one of the things is that earlier on this year, it's kind of been a wasted year on this, is that I almost lost the case due to lack of prosecution.
[01:50:47.000 --> 01:50:55.000]  And even though the county objected, the district judge found this very interesting.
[01:50:55.000 --> 01:51:00.000]  So I think that, I don't know, I don't know, they're giving me the opportunity.
[01:51:00.000 --> 01:51:07.000]  Okay. You spoke earlier about this and, you know, Mike has been after these guys for a long time.
[01:51:07.000 --> 01:51:15.000]  And I was telling my producer, Mike is not the kind of guy I want to get to come after me.
[01:51:15.000 --> 01:51:19.000]  He's kind of like a badger.
[01:51:19.000 --> 01:51:25.000]  You don't ever want him to get a hold of you because he won't ever turn loose of you.
[01:51:25.000 --> 01:51:34.000]  It don't matter what you do to him. He's not going to turn loose of you. And Mike has been after the city of Austin for quite a while.
[01:51:34.000 --> 01:51:45.000]  And now you're in a case where the prosecutor claims first that they destroyed all of the videos.
[01:51:45.000 --> 01:51:56.000]  And then when Mike went after them criminally for illegally destroying the videos, then he decided, oh, my goodness, well, maybe we didn't destroy the videos and we still got them.
[01:51:56.000 --> 01:52:00.000]  And then Mike's going after them for aggravated perjury.
[01:52:00.000 --> 01:52:08.000]  Under aggravated perjury, you have two contradictory statements. You don't have to prove which one of them is perjurious.
[01:52:08.000 --> 01:52:16.000]  Just as you have two that are mutually exclusive, one of them has to be. So now he's going after them for that.
[01:52:16.000 --> 01:52:26.000]  So I understand that the judge didn't dismiss the case for failure to prosecute when he could have.
[01:52:26.000 --> 01:52:28.000]  That's correct.
[01:52:28.000 --> 01:52:34.000]  So you're beginning to think that maybe there's some politics going on here?
[01:52:34.000 --> 01:52:38.000]  It's a possibility. I mean, there's a lot of right now.
[01:52:38.000 --> 01:52:47.000]  I won't know until I actually go before the district judge what the judge's motive is, what her motive is.
[01:52:47.000 --> 01:52:50.000]  It could be that they're seeking reform.
[01:52:50.000 --> 01:52:56.000]  They may have looked at my case and I may have laid a good foundation for quite a bit of argument.
[01:52:56.000 --> 01:53:06.000]  I know right now the legislature is discussing the access of records for the public.
[01:53:06.000 --> 01:53:11.000]  So that's kind of a hot issue with the legislature right now, too.
[01:53:11.000 --> 01:53:19.000]  So it may be that your case is coming to a head right at the exact right point.
[01:53:19.000 --> 01:53:23.000]  Have you talked to any of your legislators about this?
[01:53:23.000 --> 01:53:29.000]  No, I do want to do that very shortly.
[01:53:29.000 --> 01:53:36.000]  I don't know. I've spoken to several in the past or sent emails out, and I didn't get a response.
[01:53:36.000 --> 01:53:43.000]  But it could have been the impetus for sparking this interest in this.
[01:53:43.000 --> 01:53:52.000]  The attorney that I'm working with right now, he's fairly frustrated because he's been assaulted by the Austin Police Department
[01:53:52.000 --> 01:53:58.000]  and all six of their body cameras just mysteriously fail.
[01:53:58.000 --> 01:54:00.000]  They just can't get it.
[01:54:00.000 --> 01:54:07.000]  And he's even hired an attorney to try to help him get this, you know, to fight the criminally.
[01:54:07.000 --> 01:54:11.000]  And, you know, it's kind of amazing.
[01:54:11.000 --> 01:54:20.000]  Their attorneys are having tremendous difficulty just trying to get evidence on obvious misconduct of police force.
[01:54:20.000 --> 01:54:26.000]  And it's become, you know, fairly standard epidemic that they just will not produce
[01:54:26.000 --> 01:54:36.000]  if there's anything that would be exculpable to you and would be detrimental to their case.
[01:54:36.000 --> 01:54:40.000]  And they don't want to have any...they want to be embarrassed by this.
[01:54:40.000 --> 01:54:44.000]  But it's something that's important, I think, to have come out because...
[01:54:44.000 --> 01:54:46.000]  Oh, wait a minute.
[01:54:46.000 --> 01:54:54.000]  You know, you mentioned that earlier and I just had this really devious thought.
[01:54:54.000 --> 01:55:01.000]  Who sold these defective body cams to the city of Austin?
[01:55:01.000 --> 01:55:04.000]  Oh, that's a good idea.
[01:55:04.000 --> 01:55:06.000]  Talk to your lawyer about it.
[01:55:06.000 --> 01:55:15.000]  He was denied due process because the vendor sold defective body cams.
[01:55:15.000 --> 01:55:23.000]  Now, what do you think the vendor's going to do when you accuse them of defrauding the city
[01:55:23.000 --> 01:55:32.000]  by selling them defective body cams?
[01:55:32.000 --> 01:55:35.000]  This is way too much fun.
[01:55:35.000 --> 01:55:41.000]  The problem is when you start trying to play fast and loose with the truth,
[01:55:41.000 --> 01:55:44.000]  there's just too many things to go wrong.
[01:55:44.000 --> 01:55:51.000]  You might talk to your lawyer about filing a private attorney general suit.
[01:55:51.000 --> 01:55:54.000]  I bet your lawyer doesn't even know what it is.
[01:55:54.000 --> 01:56:03.000]  Could file a private attorney general suit against the manufacturer of the body cams.
[01:56:03.000 --> 01:56:05.000]  Oh, very good.
[01:56:05.000 --> 01:56:09.000]  And they're going to throw the police under the bus.
[01:56:09.000 --> 01:56:11.000]  Oh, absolutely.
[01:56:11.000 --> 01:56:16.000]  Oh, that would be way too much fun.
[01:56:16.000 --> 01:56:30.000]  And Mike is a good example of taking advantage of these guys lying
[01:56:30.000 --> 01:56:36.000]  and trying to manipulate things because every time they do this kind of stuff,
[01:56:36.000 --> 01:56:38.000]  it creates problems for them.
[01:56:38.000 --> 01:56:41.000]  And the problem with Mike is he's an engineer.
[01:56:41.000 --> 01:56:47.000]  And engineers, what we do is we connect dots together.
[01:56:47.000 --> 01:56:53.000]  And we better not find a missing dot because we get real excited about missing dots.
[01:56:53.000 --> 01:56:56.000]  And that's what Mike has been doing to them.
[01:56:56.000 --> 01:57:02.000]  They're trying to play fast and loose with the law, and Mike is staying right on them.
[01:57:02.000 --> 01:57:09.000]  And every time they do something improper, he nails them for it and things get worse for them.
[01:57:09.000 --> 01:57:15.000]  But I got the impression from what you said earlier that the politics may be changing.
[01:57:15.000 --> 01:57:18.000]  I sure hope that's the case.
[01:57:18.000 --> 01:57:20.000]  I know that it's under discussion.
[01:57:20.000 --> 01:57:24.000]  I hope it's not under discussion to make it more difficult.
[01:57:24.000 --> 01:57:35.000]  But, you know, I wasn't getting very far with my district suit, and so I put a FOIA request in.
[01:57:35.000 --> 01:57:47.000]  And so now they want $259,509, I believe was the last estimate for what I'm seeking.
[01:57:47.000 --> 01:57:50.000]  That should get a criminal complaint to the attorney general.
[01:57:50.000 --> 01:57:54.000]  Did the attorney general authorize those charges?
[01:57:54.000 --> 01:57:56.000]  Yes, he did.
[01:57:56.000 --> 01:57:59.000]  Then that should get a complaint against the attorney general.
[01:57:59.000 --> 01:58:02.000]  Absolutely. That's what I'm planning.
[01:58:02.000 --> 01:58:06.000]  The attorney general is in trouble right now anyway.
[01:58:06.000 --> 01:58:09.000]  And if you have a complaint against the attorney general,
[01:58:09.000 --> 01:58:16.000]  I'd just advise somebody else to file the criminal complaint with the chief justice of the Supreme.
[01:58:16.000 --> 01:58:22.000]  And then when the chief justice doesn't act on it, then you start kicking him and his professional teeth,
[01:58:22.000 --> 01:58:25.000]  and he is not going to be happy.
[01:58:25.000 --> 01:58:31.000]  I've already gone to the Texas Supreme Court, so I just have to go on for this.
[01:58:31.000 --> 01:58:33.000]  Okay. Wait, I'm sorry, Mike.
[01:58:33.000 --> 01:58:35.000]  We are out of time.
[01:58:35.000 --> 01:58:39.000]  This is Randy Kelton, Rue de la Radio.
[01:58:39.000 --> 01:58:41.000]  I'll call it never.
[01:58:41.000 --> 01:58:44.000]  We'll be back next week, Thursday and Friday.
[01:58:44.000 --> 01:58:46.000]  We hope not to have any more archives.
[01:58:46.000 --> 01:58:48.000]  Thank you all for listening.
[01:58:48.000 --> 01:59:16.000]  Good night.
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