ROL_2016-09-30_16k_Hr1-2.timecode

[00:00.000 --> 00:05.840]  The following newsflash is brought to you by the Lone Star Lowdown, providing the daily
[00:05.840 --> 00:08.360]  quillitons for the commodities market.
[00:08.360 --> 00:21.120]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.120 --> 00:27.400]  Markets for Wednesday, the 28th of September, 2016, are currently trading with gold at $1,321.50
[00:27.400 --> 00:34.680]  an ounce, silver $19.16 an ounce, Texas crude $44.67 a barrel, and Bitcoin is currently
[00:34.680 --> 00:42.720]  sitting at about $604 U.S. currency.
[00:42.720 --> 00:48.680]  Today in history, the year 1928, Sir Alexander Fleming notices bacteria killing mold growing
[00:48.680 --> 00:53.160]  in his laboratory, in essence discovering what later became known as penicillin.
[00:53.160 --> 01:02.080]  Today in history, in recent news, FBI Director James Comey, while being asked about the FBI
[01:02.080 --> 01:06.960]  warning sent to states in June and two successful intrusions into voter registration databases
[01:06.960 --> 01:11.600]  in Illinois and Arizona, told the House Committee during an FBI oversight hearing Wednesday
[01:11.600 --> 01:16.320]  today that, quote, there have been a variety of scanning activities, which is a preamble
[01:16.320 --> 01:20.800]  for potential intrusion activities, as well as some attempted intrusions at voter database
[01:20.800 --> 01:25.080]  registrations beyond those we knew about in July and August, though he did assure that
[01:25.080 --> 01:29.520]  the actual voting systems are not connected to the Internet and are decentralized, rendering
[01:29.520 --> 01:32.280]  the hacking of any national election essentially impossible.
[01:32.280 --> 01:36.320]  He went on to say that, we are urging the states just to make sure that their dead volts
[01:36.320 --> 01:41.140]  are thrown and their locks are on and to get the best information they can just to make
[01:41.140 --> 01:45.440]  sure that their systems are secure, because there's no doubt that some bad actors have
[01:45.440 --> 01:51.040]  been poking around.
[01:51.040 --> 01:54.520]  Both the Senate and the House voted Wednesday today in favor of the Justice Against Sponsors
[01:54.520 --> 01:59.620]  of Terrorism Act, or JASTA, overruling the veto the Obama administration made last week
[01:59.620 --> 02:02.880]  and the disregarding of warnings from top Pentagon officials.
[02:02.880 --> 02:08.080]  The bill allows family members of 9-11 victims to sue Saudi Arabia for backing up the attackers,
[02:08.080 --> 02:12.440]  as outlined in the recently disclosed 28 pages of the 9-11 Commission Report.
[02:12.440 --> 02:16.400]  Obama even went as far as to send a letter to the Senate leaders on Tuesday warning that
[02:16.400 --> 02:20.960]  other countries could use JASTA to justify similar immunity exceptions to target the
[02:20.960 --> 02:21.960]  U.S.
[02:21.960 --> 02:25.520]  Political advisors are concerned that Saudi Arabia could, in response to the law, pull
[02:25.520 --> 02:30.320]  billions of dollars from the U.S. economy and persuade close allies in the Gulf Cooperation
[02:30.320 --> 02:35.960]  Council to scale back counter-terrorism cooperation, investment, and U.S. access to important regional
[02:35.960 --> 02:37.320]  military bases.
[02:37.320 --> 02:42.160]  Saudi Foreign Minister Adil al-Jubeir also told reporters back in June that the U.S.
[02:42.160 --> 02:44.840]  had the most to lose if JASTA was enacted.
[02:44.840 --> 02:50.040]  The Low Star Lowdown is currently looking for sponsors to give a product or a service
[02:50.040 --> 02:51.040]  truck to advertise with us.
[02:51.040 --> 02:52.040]  Feel free to give me a call at 210-363-2257.
[02:52.040 --> 03:15.760]  This is Rick Roady with the Lowdown for September 28, 2016.
[03:22.040 --> 03:35.320]  Okay, howdy, howdy, Randy Kelton, Rule of Law Radio, and the bad boys are back.
[03:35.320 --> 03:40.480]  And like I just told the producer, we're alliterating like crazy.
[03:40.480 --> 03:42.120]  Thank you all for listening.
[03:42.120 --> 03:44.280]  We will, we have the phone lines open.
[03:44.280 --> 03:46.440]  We'll have them open all night.
[03:46.440 --> 03:50.880]  Our call-in number is 512-646-1984.
[03:50.880 --> 04:00.040]  This is our four-hour info marathon, so we have time to pursue issues in ways that other
[04:00.040 --> 04:04.400]  shows tend not to be able to.
[04:04.400 --> 04:11.960]  And I know I've gotten some criticism lately for spending too much time with the caller.
[04:11.960 --> 04:20.960]  Well, I do that sometimes because primarily what this show is about is teaching.
[04:20.960 --> 04:31.480]  And sometimes when I get a caller that strikes on a subject that is common to a good portion
[04:31.480 --> 04:37.440]  of my listeners, like the one I got criticized for was a foreclosure issue, and I had someone
[04:37.440 --> 04:46.000]  who had some very general and basic misunderstandings about the nature of the whole process.
[04:46.000 --> 04:56.480]  So it was a great opportunity to take the whole issue and frame it in a way so that
[04:56.480 --> 05:01.920]  it made sense to people, and yes, I spent somewhat more time on that.
[05:01.920 --> 05:08.520]  And people may have other issues and not interested in foreclosure, but unfortunately I can't
[05:08.520 --> 05:09.760]  always tell that.
[05:09.760 --> 05:17.520]  So I gauge my callers by how many callers I have, how much time I have, and the nature
[05:17.520 --> 05:22.560]  of the content that we're dealing with.
[05:22.560 --> 05:28.260]  I try my best to give the listener the best experience that I can, so sometimes I may
[05:28.260 --> 05:32.240]  annoy some listeners, and I apologize for that.
[05:32.240 --> 05:36.680]  But we just kind of have to take it like it comes sometimes.
[05:36.680 --> 05:42.720]  This is a four-hour show, so we have time to go into somewhat more depth.
[05:42.720 --> 05:54.800]  And those who listen all the time will notice that I tend to go over a lot of things repeatedly.
[05:54.800 --> 06:02.800]  And that's because the most important thing we can understand is the basic structure of
[06:02.800 --> 06:06.720]  how do these pieces fit together.
[06:06.720 --> 06:14.720]  Once we understand the basics, the independent details of any one particular issue will tend
[06:14.720 --> 06:21.720]  to be easier to handle, as long as you have a foundation in the basics.
[06:21.720 --> 06:32.480]  So although we do go into some depth, I for the most part go into depth on issues, primarily
[06:32.480 --> 06:38.920]  so that we will better understand how the basics lead to these more complex issues.
[06:38.920 --> 06:41.680]  I hope that makes sense.
[06:41.680 --> 06:45.840]  If it makes sense to anybody out there, they need to call me and explain to me what I just
[06:45.840 --> 06:49.280]  said because I am not sure what I'm talking about.
[06:49.280 --> 06:54.120]  So there are no calls at the moment.
[06:54.120 --> 06:58.040]  We can hold four calls at once on the call board.
[06:58.040 --> 07:04.160]  So once the call board starts filling up, if you try to call in and you can't get through,
[07:04.160 --> 07:07.720]  that's probably because the board is full.
[07:07.720 --> 07:12.720]  And then if you will wait until we drop one caller and go to the next and then call back
[07:12.720 --> 07:16.340]  in, you'll be able to get in the queue.
[07:16.340 --> 07:23.840]  So I'm going to start out with something that my producer mentioned he thought would be
[07:23.840 --> 07:29.920]  a good idea for me to go over again, and that is declaratory judgments.
[07:29.920 --> 07:46.480]  We have, as Pro says, it is somewhat difficult for us to write a fully fleshed out pleading.
[07:46.480 --> 07:53.800]  I'm presenting some tools, I'm building an ebook, and I have a set of tools in that ebook
[07:53.800 --> 08:02.200]  that are for the purpose of helping us to effectively flesh out complex issues.
[08:02.200 --> 08:10.120]  Some of the tools are, one of them is that everything's backwards.
[08:10.120 --> 08:20.480]  That when you start trying to produce a complex legal document, do it backwards.
[08:20.480 --> 08:23.600]  Start out with the prayer.
[08:23.600 --> 08:29.360]  The last thing you put in a document, actually not the prayer, you start out with the order.
[08:29.360 --> 08:38.160]  If you're going to do a legal document, the whole purpose of a pleading, be it the original
[08:38.160 --> 08:47.360]  petition or a motion or one of the other pleadings like a general and subject matter jurisdiction,
[08:47.360 --> 08:55.960]  pleading you do is about asking the judge to give you a specific order.
[08:55.960 --> 09:01.480]  I had a client once who brought me a suit from a credit card company and asked me what
[09:01.480 --> 09:02.480]  I thought.
[09:02.480 --> 09:05.680]  I looked at it and I said, these people don't have a prayer.
[09:05.680 --> 09:07.360]  He said, well, why not?
[09:07.360 --> 09:08.360]  I said, I don't know.
[09:08.360 --> 09:10.880]  They don't have one.
[09:10.880 --> 09:18.040]  The whole purpose of the suit is the order and the way you ask the judge to give you
[09:18.040 --> 09:23.760]  an order is in legal parlance, it's called a prayer.
[09:23.760 --> 09:26.760]  You're not praying to a deity or something like that.
[09:26.760 --> 09:29.280]  This is a whole different use of the term.
[09:29.280 --> 09:37.880]  It's actually an archaic old use of the term where when you pray to someone, you're literally
[09:37.880 --> 09:41.040]  asking them for something.
[09:41.040 --> 09:49.160]  So in the prayer, you ask the judge for what you want and then you write an order that
[09:49.160 --> 09:55.720]  declares what you want and you ask the judge to approve this order.
[09:55.720 --> 10:00.680]  Well, if you're going to write a legal pleading, the first thing you want to do is write that
[10:00.680 --> 10:12.120]  order and the way you write the order is you decide what you want specifically, precisely
[10:12.120 --> 10:15.480]  what do you want?
[10:15.480 --> 10:23.480]  Most of us, when we start writing a legal pleading, we have a general idea of what went
[10:23.480 --> 10:30.000]  wrong and how we don't like what went wrong and we want the judge to make things right.
[10:30.000 --> 10:41.400]  But we really don't have in our mind clearly, specifically what we want the court to do.
[10:41.400 --> 10:49.200]  If you don't have clearly defined in your mind what you want the court to do, your emotion
[10:49.200 --> 10:55.120]  or pleading is going to be vague, it's going to wander, it's going to go from one irrelevant
[10:55.120 --> 11:02.160]  point to another and the court's going to get annoyed and grant you nothing.
[11:02.160 --> 11:10.440]  So start with an order and I know if you have a family law case or a foreclosure case, you
[11:10.440 --> 11:17.680]  got so many things going on, it's hard to settle down to one thing.
[11:17.680 --> 11:27.040]  So one of the things we've been suggesting as a potential way for us to get more effective
[11:27.040 --> 11:35.800]  outset, more effective out, I'll get that word right in a second, access, more effective
[11:35.800 --> 11:42.240]  access to remedy is a declaratory judgment suit.
[11:42.240 --> 11:50.600]  Declaratory judgment suits by their nature take you to one specific issue.
[11:50.600 --> 11:59.040]  And for pro se, this is really good for us because we're not so good at writing the suit
[11:59.040 --> 12:04.520]  that contains a claim for which recovery can be had.
[12:04.520 --> 12:08.040]  If you've been around much, you will hear that a lot.
[12:08.040 --> 12:12.040]  We've helped several hundred people file federal lawsuits.
[12:12.040 --> 12:18.920]  If you file a federal lawsuit today, you're going to get a rule 12-B-6 motion.
[12:18.920 --> 12:25.480]  What a rule 12-B-6 motion says is that the plaintiff failed to state a claim for which
[12:25.480 --> 12:28.400]  recovery can be had.
[12:28.400 --> 12:41.040]  Well, the problem with that is rather or not we state enough facts and provide enough evidence
[12:41.040 --> 12:45.360]  goes to the discretion of the judge.
[12:45.360 --> 12:55.520]  He has discretion to decide if our petition states enough facts and evidence to warrant
[12:55.520 --> 13:01.960]  proceeding with the case.
[13:01.960 --> 13:09.440]  I don't like to be in a position of being subject to the caprice of the judge because
[13:09.440 --> 13:12.440]  discretion goes to caprice.
[13:12.440 --> 13:15.920]  The judge is going to do what he wants to.
[13:15.920 --> 13:22.080]  So it's good for us to start out with a declaratory judgment suit.
[13:22.080 --> 13:33.760]  Now what a declaratory judgment suit is, and you can find it in the Fed under 28 USC 2201.
[13:33.760 --> 13:44.120]  It is a request, this is a special remedy that grants you a right to ask the court to
[13:44.120 --> 13:49.160]  declare the rights of the parties.
[13:49.160 --> 13:55.200]  It doesn't ask for damages of any kind, and if you find a declaratory judgment suit, don't
[13:55.200 --> 14:00.840]  ask for any kind of recovery, no money.
[14:00.840 --> 14:09.280]  All you're asking the judge is say, these are the rights of the parties.
[14:09.280 --> 14:21.600]  Then look at your suit, see if you can find something that must be true in order for the
[14:21.600 --> 14:29.760]  other side to win against you, and see if you can go after one of those issues that
[14:29.760 --> 14:34.000]  has to be true and get a ruling on that issue all by itself.
[14:34.000 --> 14:41.000]  For instance, in foreclosure issues, we want to set some pawn moves, and the first thing
[14:41.000 --> 14:45.480]  I want to do is look at the public record.
[14:45.480 --> 14:54.160]  I have a case right now where the substitute trustee foreclosed on the property, even though
[14:54.160 --> 15:01.960]  we had a suit in the works, but once he sold the property, he did not pursue eviction purely,
[15:01.960 --> 15:05.520]  strictly because the suit was in place.
[15:05.520 --> 15:17.320]  What the suit said was a couple of years earlier, there was an assignment by a party, I'm sorry,
[15:17.320 --> 15:27.800]  an appointment by a party purporting to appoint this trustee as a substitute trustee.
[15:27.800 --> 15:36.120]  We said that if you will examine the public record, you will find nothing in the record
[15:36.120 --> 15:41.920]  that grants this party authority to appoint a substitute trustee.
[15:41.920 --> 15:52.800]  We want the court to declare the rights of the party by examining the public record and
[15:52.800 --> 16:00.120]  determining whether or not there's a document filed in the record that grants this party
[16:00.120 --> 16:06.000]  authority to file this appointment.
[16:06.000 --> 16:11.840]  If they can find no document granting this person authority, we want the court to declare
[16:11.840 --> 16:21.600]  that under Texas Property Code 13.001, which states that any claim against real property
[16:21.600 --> 16:28.680]  not properly acknowledged or proven and filed in the public record is voidous to the holder.
[16:28.680 --> 16:35.240]  We're saying there is no document properly acknowledged or proven and filed in the record
[16:35.240 --> 16:46.040]  that grants SPS services any authority concerning the deed of trust, and we will find this kind
[16:46.040 --> 16:55.400]  of thing a lot in the public record, where the lender loans out the money and then dies
[16:55.400 --> 17:00.360]  and falls off the cliff, which we're about to do, we'll be right back.
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[19:00.720 --> 19:23.160]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:23.160 --> 19:52.680]  Okay, this is Randy Kelton with Logos Radio on this Friday, the 30th day of September
[19:52.680 --> 20:00.960]  2016, and we're talking about declaratory judgment, and when I ran off to Cliff, I was
[20:00.960 --> 20:08.320]  talking about challenging a document filed in the record, and you will find a lot of
[20:08.320 --> 20:09.320]  this.
[20:09.320 --> 20:15.920]  Lenders, this is part of the scam the banks pull, they would set up this lender, have
[20:15.920 --> 20:22.240]  him write a whole bunch of highly profitable predatory mortgages.
[20:22.240 --> 20:30.720]  Tell those profitable mortgages to the bank or to a special purpose vehicle at a loss
[20:30.720 --> 20:35.800]  and then bankrupt itself, so the bank gets these mortgages and they've already written
[20:35.800 --> 20:38.760]  off the profits through the bankruptcy of this original company.
[20:38.760 --> 20:46.800]  I won't even go into the details of how that worked, but you may notice that these mortgage
[20:46.800 --> 20:54.240]  companies, they write the mortgage in two or three years later, they go out of business.
[20:54.240 --> 21:02.360]  During the period of time of the largest real estate bubble in history, all these mortgage
[21:02.360 --> 21:07.080]  companies going out of business, left and right, and that was because his plan that
[21:07.080 --> 21:09.280]  way was a scam.
[21:09.280 --> 21:16.880]  Here was the problem, they're going out of business without assigning their assets to
[21:16.880 --> 21:19.000]  a third party.
[21:19.000 --> 21:25.600]  Here we are after the bubble burst, all of these foreclosures, and now we have people
[21:25.600 --> 21:34.120]  coming back and challenging the foreclosures saying, wait a minute, this entity over here,
[21:34.120 --> 21:41.040]  Washington Mutual, had a claim against my property, and Washington Mutual was a person
[21:41.040 --> 21:48.520]  under law for the purpose of certain rights, well, as a legal fiction, a corporation, LLC,
[21:48.520 --> 21:59.040]  a company, it doesn't really exist, but it's a legal description, so they call it a legal
[21:59.040 --> 22:00.880]  fiction.
[22:00.880 --> 22:06.040]  But they give it certain rights, because we have a company over here, they have assets
[22:06.040 --> 22:10.380]  and they do business, and they need to have certain rights so that they can function,
[22:10.380 --> 22:13.760]  so they call them a person.
[22:13.760 --> 22:21.240]  Well, the person died, the CIA found out that Washington Mutual was running the largest
[22:21.240 --> 22:27.760]  money laundering scam in the history of mankind, and they were laundering money for the Mexican
[22:27.760 --> 22:35.800]  and Colombian drug cartels, so they were competing with the CIA for drug sales, so the CIA shut
[22:35.800 --> 22:37.760]  them down.
[22:37.760 --> 22:43.320]  Before they were shut down, they did not assign all their assets to someone else, so it's
[22:43.320 --> 22:51.880]  our position that the holder of the claim died, and didn't assign the asset before
[22:51.880 --> 22:57.480]  he died, therefore he abandoned it.
[22:57.480 --> 23:02.040]  So what the banks are trying to do is they bring in MERS later, and MERS comes along
[23:02.040 --> 23:14.920]  and says, I am acting as the agent for Washington Mutual Bank, and I'm assigning an asset that
[23:14.920 --> 23:19.120]  belongs to Washington Mutual Bank to somebody else.
[23:19.120 --> 23:26.440]  Hey, wait a minute, Bubba, how did Washington Mutual, the person, Washington Mutual, hire
[23:26.440 --> 23:28.720]  you as their agent?
[23:28.720 --> 23:33.720]  They're dead, so how does a dead guy hire an agent?
[23:33.720 --> 23:38.720]  Judge Shreck in New York called them vampire lenders.
[23:38.720 --> 23:42.000]  They rise up from the grave and hire these agents.
[23:42.000 --> 23:45.600]  Well, this is the argument that we're making.
[23:45.600 --> 23:56.400]  We have SPC as a servicer who filed this appointment of substitute trustee, but there is nothing
[23:56.400 --> 24:06.960]  in the record assigning the security instrument from the original lender to SPC, breaking
[24:06.960 --> 24:07.960]  chain of title.
[24:07.960 --> 24:11.440]  You hear a lot about breaking chain of title.
[24:11.440 --> 24:17.880]  This is the only reason breaking chain of title is important, so you can file a declaratory
[24:17.880 --> 24:30.960]  judgment suit and ask the court to declare that the claim that SPC made when it appointed
[24:30.960 --> 24:37.120]  this substitute trustee is void as a matter of law.
[24:37.120 --> 24:49.120]  Now, we don't care if SPC is the bona fide true and certain holder of the security instrument
[24:49.120 --> 24:54.200]  and the beneficial interest in the mortgage.
[24:54.200 --> 25:04.280]  We don't care because what the law says, if they don't properly file the claim in the
[25:04.280 --> 25:17.360]  public record, their claim is void as to the holder, so we ask the court to rule only that.
[25:17.360 --> 25:26.840]  The assignment filed by SPC was filed by someone who had nothing in the record showing that
[25:26.840 --> 25:29.920]  they had authority to do that.
[25:29.920 --> 25:32.880]  We're not asking for any damages.
[25:32.880 --> 25:37.680]  We're not asking for them to rule that these guys can't foreclose or they don't have a
[25:37.680 --> 25:38.680]  right to be paid.
[25:38.680 --> 25:40.560]  We're not asking for any of that.
[25:40.560 --> 25:47.800]  We're asking the court to look at the state law and what the state law requires in order
[25:47.800 --> 25:56.200]  to file a particular document and determine whether or not this filing was made in accordance
[25:56.200 --> 25:57.680]  with state law.
[25:57.680 --> 26:00.080]  That's pretty easy.
[26:00.080 --> 26:09.040]  Since we're not asking for any recovery, we are immune from a Rule 12B6 motion.
[26:09.040 --> 26:17.720]  I had Judge McBride dismiss with prejudice my declaratory judgment suit.
[26:17.720 --> 26:21.760]  I immediately filed criminal charges against him.
[26:21.760 --> 26:24.560]  He had no power to do that.
[26:24.560 --> 26:32.000]  He dismissed my case for failure to state a claim on which recovery can be had.
[26:32.000 --> 26:34.120]  Duh.
[26:34.120 --> 26:40.240]  Of course I failed to state a claim on which recovery can be had.
[26:40.240 --> 26:42.240]  I didn't want any recovery.
[26:42.240 --> 26:44.760]  It's a declaratory judgment suit.
[26:44.760 --> 26:55.080]  And a declaratory judgment suit goes to one specific issue and one only.
[26:55.080 --> 26:59.640]  Never ask for more than one declaration.
[26:59.640 --> 27:04.520]  This makes it much easier for you to focus on the point.
[27:04.520 --> 27:08.960]  Now the declaratory judgment suit is really easy to write the order.
[27:08.960 --> 27:20.960]  The order says the filing in the state court, I mean the appointment of substitute trustee
[27:20.960 --> 27:28.480]  is void as a matter of law because they fail to follow the rules of law.
[27:28.480 --> 27:36.360]  It fails under 51901C that says any document filed in the record by a party who has nothing
[27:36.360 --> 27:45.120]  in the record showing that they have authority to make the filing is presumed to be fraudulent.
[27:45.120 --> 27:47.960]  So this is what the law says.
[27:47.960 --> 27:54.960]  This meets the dictates of law therefore rule that this particular document fails to meet
[27:54.960 --> 28:00.960]  the statutory filing requirement and rule this void.
[28:00.960 --> 28:01.960]  That's fairly simple.
[28:01.960 --> 28:05.520]  It's just one tiny little piece.
[28:05.520 --> 28:10.800]  But if you play chess you understand how powerful a pawn move can be.
[28:10.800 --> 28:19.360]  Now you got this pawn sitting out there and the ruling the judge just gave you absolutely
[28:19.360 --> 28:22.800]  protected that pawn.
[28:22.800 --> 28:30.720]  It cannot be touched and there's no way they can get around that pawn to get at you because
[28:30.720 --> 28:37.840]  once you have the declaratory judgment it becomes res judicata.
[28:37.840 --> 28:43.000]  Already adjudicated no other court can go back and visit that issue.
[28:43.000 --> 28:49.480]  It's a done deal and it's much easier for us to do so if you have a case no matter what
[28:49.480 --> 28:50.480]  it is.
[28:50.480 --> 29:02.480]  If you're going out with a pro se legal issue consider a declaratory judgment suit first
[29:02.480 --> 29:11.600]  to get some primary facts established that you will need in order to win your case.
[29:11.600 --> 29:19.880]  You can file two or three declaratory judgment suits until you get these facts established.
[29:19.880 --> 29:27.880]  When they can't be thrown out the one thing the banks never want to happen is they never
[29:27.880 --> 29:35.000]  want to get to discovery because in discovery they have to prove outstanding and they cannot.
[29:35.000 --> 29:37.480]  They don't have the records.
[29:37.480 --> 29:40.400]  So they have to get this thing dumped on a rule of 12.
[29:40.400 --> 29:43.880]  We do declaratory judgment they can't get to rule 12.
[29:43.880 --> 29:53.520]  Hang on going to break Randy Kelton with La Radio our calling number 512-646-1984 we'll
[29:53.520 --> 30:02.040]  be right back.
[30:02.040 --> 30:06.640]  You must have been a beautiful baby and you must have been a beautiful child.
[30:06.640 --> 30:10.280]  These days a lot of parents are showing off their kids on the net.
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[31:59.800 --> 32:05.200]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
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[32:08.760 --> 32:12.600]  going to have a free society then we're going to have to stand and defend our own rights.
[32:12.600 --> 32:16.160]  Among those rights are the right to travel freely from place to place, the right to act
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[33:04.040 --> 33:09.040]  You're listening to the Logos Radio Network at logosradio.com.
[33:09.040 --> 33:24.040]  Yeah, I got a warrant and I'm going to solve them, to the end of them I'll make them, prosecute
[33:24.040 --> 33:25.040]  them.
[33:25.040 --> 33:26.040]  Okay.
[33:26.040 --> 33:27.040]  Okay.
[33:27.040 --> 33:51.560]  We are back, Randy Kelton, Rule of Law Radio on this September the 30th, 2016 and on the
[33:51.560 --> 33:58.520]  break the producer raised a question about what you can actually take judicial notice
[33:58.520 --> 34:01.120]  of.
[34:01.120 --> 34:03.960]  And it is a very good question.
[34:03.960 --> 34:11.040]  As a rule you can think of taking judicial notice, I'm sorry I'm saying judicial notice,
[34:11.040 --> 34:15.440]  what you can get declaratory judgment for.
[34:15.440 --> 34:22.760]  You can get declaratory judgment for anything that the court would be required to take judicial
[34:22.760 --> 34:25.520]  notice of.
[34:25.520 --> 34:32.640]  And the court can only take judicial notice of a fact that cannot be controverted, of
[34:32.640 --> 34:40.840]  a set of facts that are not within the discretion of the court.
[34:40.840 --> 34:44.040]  We look in the public record.
[34:44.040 --> 34:51.440]  We find no assignment from the original lender to the current alleged holder.
[34:51.440 --> 34:58.040]  We look in the state law and the state law requires that there be an assignment from
[34:58.040 --> 35:02.720]  the original lender to the current claimant.
[35:02.720 --> 35:07.240]  This is not something that's subject to the discretion of the judge.
[35:07.240 --> 35:12.160]  This is something that's incontrovertible because it is in the public record.
[35:12.160 --> 35:21.120]  And we simply ask the court to rule on the application of law based on the facts and
[35:21.120 --> 35:23.640]  the law as they exist in the public record.
[35:23.640 --> 35:31.600]  Now if you come in say for breach of contract and both sides agree that there was a breach
[35:31.600 --> 35:33.000]  of contract.
[35:33.000 --> 35:41.160]  But one side says well yeah there was a tactical breach of the contract but it was not a material
[35:41.160 --> 35:43.840]  breach so it's irrelevant.
[35:43.840 --> 35:49.120]  And the other kind of side is going to say oh no no no no that was a material breach.
[35:49.120 --> 35:52.040]  Yes it was, no it wasn't, yes it was, no it wasn't.
[35:52.040 --> 35:56.560]  This goes to the discretion of the court.
[35:56.560 --> 36:08.800]  And on this you would, it's, you could, technically you could ask the judge to rule whether it
[36:08.800 --> 36:16.680]  was a material breach or a, just simply a technical breach where you weren't harmed
[36:16.680 --> 36:17.680]  by it.
[36:17.680 --> 36:22.520]  But this really goes to the discretion of the judge.
[36:22.520 --> 36:31.840]  When you file for declaratory judgment you want to file and ask for a declaration based
[36:31.840 --> 36:42.200]  on facts and law that can't be controverted, otherwise you need to file a regular lawsuit
[36:42.200 --> 36:51.440]  where the judge would not be so tightly bound as he is in declaratory judgment.
[36:51.440 --> 36:57.680]  I hope that makes sense but anyway that's my story on declaratory judgment.
[36:57.680 --> 37:05.480]  We're filing them now, we have one in the court and we, in this case we claim that the
[37:05.480 --> 37:12.080]  substitute trustee was never properly appointed and the substitute trustee just filed an answer
[37:12.080 --> 37:21.160]  and said oh he did everything right, that he didn't do anything to harm the litigant,
[37:21.160 --> 37:33.480]  but he acted in accordance with his duty as a trustee and went through all of these denials
[37:33.480 --> 37:45.040]  in the answer and when I was done I told David you need to petition for default judgment
[37:45.040 --> 37:54.680]  because nowhere in the answer did the trustee declare that the assignment wherein he was
[37:54.680 --> 37:58.880]  assigned was valid.
[37:58.880 --> 38:03.400]  He claimed that he acted under authority of the assignment but he never addressed whether
[38:03.400 --> 38:06.640]  the assignment was valid or not.
[38:06.640 --> 38:12.880]  Well this is declaratory judgment, that is the only thing before the court.
[38:12.880 --> 38:20.720]  So he might as well not have answered, wonderful and I think it's because the lawyer on the
[38:20.720 --> 38:30.320]  other side simply did not understand what a declaratory judgment suit was and that's
[38:30.320 --> 38:37.000]  pitiful and you would think that they're learning counsel, they got a $200,000 education, you
[38:37.000 --> 38:42.600]  think they know these things, they don't know squat.
[38:42.600 --> 38:48.440]  So anyway enough on declaratory judgment, we do have one caller, we're going to go
[38:48.440 --> 38:52.200]  to Scott in Texas, hello Scott.
[38:52.200 --> 39:05.640]  Howdy, howdy, well let's talk about I had when I got a ticket because well my license
[39:05.640 --> 39:11.240]  will go back to I keep getting these tickets for an invalid license and then we were talking
[39:11.240 --> 39:22.600]  earlier about why is your license invalid and I had surcharges because I had a surcharge
[39:22.600 --> 39:32.000]  and when I, it was back in 2013 I filed a bankruptcy and during the bankruptcy I included
[39:32.000 --> 39:39.880]  all the surcharges that I had because of that ticket for the invalid license and then the
[39:39.880 --> 39:47.840]  bankruptcy got finalized and the state of Texas gave me a paper saying okay all the
[39:47.840 --> 39:55.080]  fines and stuff were waived and it was a Chapter 7 bankruptcy so as soon as I got the piece
[39:55.080 --> 40:02.360]  of paper I went down and got my license, everything was hunky dory and then I guess about like
[40:02.360 --> 40:13.480]  a year later or something I kind of found out that they reneged on it and they said
[40:13.480 --> 40:24.240]  that okay your license is invalid because we no longer accept the Chapter 7, it's only
[40:24.240 --> 40:34.120]  a Chapter 14 or 13 or whatever Chapter they decided and so they went and like flipped
[40:34.120 --> 40:42.320]  the switch and said that my license is now invalid again and so I was kind of pissed
[40:42.320 --> 40:48.720]  off about it and I was like well screw you I already had this all taken care of and then
[40:48.720 --> 40:55.040]  now that's why every time I get pulled over and they say oh your license is valid and
[40:55.040 --> 41:01.680]  I just say man that's Austin's mistake because I got my license, it was valid, I got the
[41:01.680 --> 41:04.160]  piece of paper to prove it.
[41:04.160 --> 41:13.860]  Okay my suggestion in this case is go to the bankruptcy court and petition the bankruptcy
[41:13.860 --> 41:25.600]  court for a writ of mandamus ordering the state to reinstate your license and then since
[41:25.600 --> 41:37.120]  okay you have had one of these cases adjudicated where the court ruled that your license wasn't
[41:37.120 --> 41:39.800]  invalid isn't that correct?
[41:39.800 --> 41:47.320]  Dallas County actually when I showed them the piece of paper because of the Addison
[41:47.320 --> 41:52.080]  deal they said okay well we're not going to mess with you just go ahead and get on out
[41:52.080 --> 41:59.500]  of here and then like Rockwall County they're just trying to barbecue me over this thing.
[41:59.500 --> 42:07.240]  So you have essentially read adjudicated, this has already been ruled that you're not
[42:07.240 --> 42:10.080]  guilty of this.
[42:10.080 --> 42:15.600]  He just totally dismissed it.
[42:15.600 --> 42:28.320]  Then this goes to jurisdiction of the court, sue the judge, well first go to the bankruptcy
[42:28.320 --> 42:37.640]  court and ask the bankruptcy court for a writ of mandamus ordering the state to honor the
[42:37.640 --> 42:41.560]  bankruptcy court rulings.
[42:41.560 --> 42:47.040]  Bankruptcy courts are federal court, they are not going to be happy with these guys.
[42:47.040 --> 42:52.640]  The rule is take the state to the fed and the fed to the state, that's why I'm fighting
[42:52.640 --> 42:58.560]  against the federal judge McBride criminally under state law rather than federal law because
[42:58.560 --> 43:02.120]  I want to take him to a state grand jury.
[43:02.120 --> 43:06.920]  In this case you want to take the state of Texas Department of Public Safety to a federal
[43:06.920 --> 43:15.680]  grand jury and accuse the Department of Public Safety of setting you up so that they could
[43:15.680 --> 43:20.800]  write false claims against you and collect these extra fees back, this is retaliation
[43:20.800 --> 43:29.220]  they felt like your bankruptcy cost them some money so they secretly granted you a license
[43:29.220 --> 43:35.760]  and then without notifying you, canceled that license so that you would wind up driving
[43:35.760 --> 43:46.560]  on an invalid license without knowing it and then get cited for a class B misdemeanor.
[43:46.560 --> 43:52.040]  Why get you put in jail, well one thing if you have reason to believe your license is
[43:52.040 --> 43:57.840]  not valid, okay hang on about to go to break we'll pick this up on the other side and we'll
[43:57.840 --> 44:02.520]  be right back.
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[46:15.160 --> 46:38.280]  Okay, we are back, Randy Kelton, Rule of Law Radio and we're talking to Scott in Texas.
[46:38.280 --> 46:48.200]  Now, since this was adjudicated, okay let me back up, did the bankruptcy court write
[46:48.200 --> 46:58.840]  off the fees that were due to the state in the bankruptcy proceedings, did they discharge
[46:58.840 --> 46:59.840]  them?
[46:59.840 --> 47:09.200]  Yes, all the surcharges were discharged and so as soon as that happened, I guess the state
[47:09.200 --> 47:14.200]  was notified because they wrote me a letter back because I have the letter from the state,
[47:14.200 --> 47:23.080]  so as soon as I got that, I went down immediately and got my license, got a new license, so
[47:23.080 --> 47:28.880]  boom, I'm good, I'm cruising around and the next thing I know when I get pulled over,
[47:28.880 --> 47:34.880]  my license is invalid about a year later or so and come to find out, that's what it's
[47:34.880 --> 47:43.640]  kind of, that's what it's looking like they were saying is they reversed the decision
[47:43.640 --> 47:50.840]  on using a chapter 7 bankruptcy and said no, we're only going to accept a chapter 14, so
[47:50.840 --> 47:56.160]  your chapter 7 doesn't matter anymore and they just flipped the switch on your license.
[47:56.160 --> 48:06.120]  So the state capriciously and arbitrarily decided to defy a ruling of the federal court.
[48:06.120 --> 48:07.120]  Looks like.
[48:07.120 --> 48:10.960]  Good luck on that guys.
[48:10.960 --> 48:21.680]  So this points directly at a federal lawsuit against the state of Texas and it has to be
[48:21.680 --> 48:31.600]  construed that the local judge is aware of the law in these matters and since in these
[48:31.600 --> 48:34.840]  cases you did file a challenge subject matter jurisdiction.
[48:34.840 --> 48:36.840]  Oh yeah.
[48:36.840 --> 48:45.520]  Okay, sue the judge, no sue the state of Texas and sue the judge personally, name the judge
[48:45.520 --> 48:54.080]  and name him personally, accuse him of abusive process and acting without subject matter
[48:54.080 --> 48:55.080]  jurisdiction.
[48:55.080 --> 49:02.960]  So you sue him not, you sue him in his official capacity and in his personal capacity.
[49:02.960 --> 49:09.800]  That is not going to make him happy at all and very good chance it'll tear a little bit
[49:09.800 --> 49:12.600]  of his honor off.
[49:12.600 --> 49:18.240]  We have Olivier who's likely to be called again here before too long and he is doing
[49:18.240 --> 49:25.120]  just exactly that kind of thing in Tennessee and he is really working him over.
[49:25.120 --> 49:29.000]  They've been arresting him for the same thing.
[49:29.000 --> 49:36.160]  He beat the charge five times in a row and they're still arresting him for it.
[49:36.160 --> 49:42.620]  So now, last time I talked to him I had him write a habeas and in your case it may be
[49:42.620 --> 49:48.560]  appropriate that you do this through a habeas.
[49:48.560 --> 50:01.120]  You file a habeas with the federal court and you have the state come before the federal,
[50:01.120 --> 50:07.240]  you file it with the bankruptcy court, the one that gave this ruling and let the state
[50:07.240 --> 50:12.080]  prosecutors come and explain to a federal judge why they're ignoring the federal judge's
[50:12.080 --> 50:13.080]  rulings.
[50:13.080 --> 50:17.120]  That ought to get interesting.
[50:17.120 --> 50:25.360]  Oh yeah, like I say, especially because the rest of you to caught us should have dismissed
[50:25.360 --> 50:30.880]  everything outright and just totally walked all over that, threw that right out.
[50:30.880 --> 50:36.160]  Subject matter jurisdiction was the very first thing, just walked right over, threw all that
[50:36.160 --> 50:37.160]  out.
[50:37.160 --> 50:40.160]  I mean Rockwall is just throwing everything out, just stomping on it.
[50:40.160 --> 50:44.800]  Well good, now take Rockwall to the federal court and see if the federal court throws
[50:44.800 --> 50:46.400]  everything out.
[50:46.400 --> 50:51.280]  Oh, that's the next step.
[50:51.280 --> 50:56.760]  And a habeas is not that difficult to file.
[50:56.760 --> 51:05.080]  That would probably be easier than filing say the 42 U.S. Code 1983 suit, although one
[51:05.080 --> 51:07.920]  is definitely in order.
[51:07.920 --> 51:14.680]  The habeas is in the nature of a declaratory judgment suit.
[51:14.680 --> 51:17.120]  Just exactly what we were talking about.
[51:17.120 --> 51:26.200]  You're asking the judge to make a ruling on letter of law.
[51:26.200 --> 51:33.520]  Your rights are being deprived by the state in contravention of a ruling by the federal
[51:33.520 --> 51:38.840]  court.
[51:38.840 --> 51:46.040]  So in this case, there comes a question.
[51:46.040 --> 51:54.520]  Can the federal court discharge state fees and fines?
[51:54.520 --> 52:03.880]  Apparently they can, because apparently the federal court didn't raise any state preemption
[52:03.880 --> 52:07.400]  issues over that, did they?
[52:07.400 --> 52:08.940]  Not that I know of.
[52:08.940 --> 52:14.840]  So then apparently they can, and if they ruled it, then they ruled it, if the state didn't
[52:14.840 --> 52:21.920]  like it, they would have had to have taken the fed to court and claim preemption of state
[52:21.920 --> 52:24.240]  law.
[52:24.240 --> 52:26.760]  So they didn't do that.
[52:26.760 --> 52:30.480]  They just acted in violation of state law.
[52:30.480 --> 52:44.880]  So this might be a good situation to where you can do a private attorney general suit.
[52:44.880 --> 52:51.520]  You file this, first you want to get the habeas.
[52:51.520 --> 52:55.480]  The habeas becomes a risk to your cutter.
[52:55.480 --> 53:03.920]  You file habeas in the bankruptcy court and ask the bankruptcy court that when the state
[53:03.920 --> 53:11.040]  revoked your license, that they did so in violation of the federal court ruling.
[53:11.040 --> 53:17.080]  And once you get the court to rule that your license is not void and it never was, or not
[53:17.080 --> 53:25.080]  invalid, it never was, because the action was improper, that's rescue your cutter.
[53:25.080 --> 53:33.000]  Now all of the arrests for driving on an invalid license become void, become torturous.
[53:33.000 --> 53:43.880]  So you can take action for malicious prosecution, come back and sue them all, especially the
[53:43.880 --> 53:47.440]  county judge.
[53:47.440 --> 53:53.560]  You want to ignore a challenge to subject matter jurisdiction, good luck on that guy.
[53:53.560 --> 53:59.960]  Because once a challenge to subject matter jurisdiction is made, subject matter jurisdiction
[53:59.960 --> 54:10.160]  is lost because the presumption of jurisdiction is overcome by the filing.
[54:10.160 --> 54:20.240]  When a complaint is filed with the criminal district, criminal court, jurisdiction is
[54:20.240 --> 54:21.240]  presumed.
[54:21.240 --> 54:30.820]  And jurisdiction, well when a petition is filed in any court, jurisdiction is presumed.
[54:30.820 --> 54:41.760]  So long as the person meets venue and territorial jurisdiction and impersonal jurisdiction over
[54:41.760 --> 54:50.400]  the person, on its face, if on its face he meets the requirements of impersonal and territorial
[54:50.400 --> 54:55.400]  jurisdiction, they will presume that jurisdiction exists.
[54:55.400 --> 55:00.080]  And if the issue is never raised, then they act as if they have jurisdiction even if they
[55:00.080 --> 55:01.080]  don't.
[55:01.080 --> 55:10.560]  But once you challenge subject matter jurisdiction, the presumption of regularity is lost and
[55:10.560 --> 55:13.320]  jurisdiction ceases.
[55:13.320 --> 55:17.040]  And the judge can no longer move forward until he proves jurisdiction.
[55:17.040 --> 55:25.880]  It's not the petition or the plaintiff who must prove jurisdiction, it is the judge.
[55:25.880 --> 55:36.240]  So the judge just flat out ignored law, let me try to explain that to a federal court.
[55:36.240 --> 55:41.320]  Does it sound like fun, Scott?
[55:41.320 --> 55:48.280]  Oh, you know, all of this is just so much fun, it makes my head spin.
[55:48.280 --> 55:52.320]  This will almost certainly stop everything.
[55:52.320 --> 55:58.440]  And once you file the habeas, everything's going to come to a halt, because habeas really
[55:58.440 --> 56:00.280]  get their attention.
[56:00.280 --> 56:07.000]  You send the habeas to the court and you file it, you send it to the local court to give
[56:07.000 --> 56:08.000]  them notice.
[56:08.000 --> 56:12.880]  And you send one to the Department of Public Safety to give them notice and you file it
[56:12.880 --> 56:15.680]  with the Federal Bankruptcy Court.
[56:15.680 --> 56:19.320]  When they see that you're filing a habeas with the Federal Bankruptcy Court, they are
[56:19.320 --> 56:24.120]  not going to be happy campers.
[56:24.120 --> 56:29.280]  That's going to be an oops and good chance that'll make all of this go away.
[56:29.280 --> 56:35.800]  And then following the habeas, then what was the Federal Bankruptcy Court to do?
[56:35.800 --> 56:40.480]  They gave the ruling, they almost have to uphold it.
[56:40.480 --> 56:47.240]  I realize the courts are absolutely corrupt, but this is bankruptcy.
[56:47.240 --> 56:49.960]  This is a different deal.
[56:49.960 --> 56:54.360]  So they are outright defying the Bankruptcy Court.
[56:54.360 --> 57:02.080]  And I can't see the federal judge being happy about the state actors retaliating against
[57:02.080 --> 57:06.160]  you because you filed bankruptcy.
[57:06.160 --> 57:10.720]  So that's my story and I'm sticking to it.
[57:10.720 --> 57:21.120]  Okay, well, then let me get to working on that and then we'll just go from there.
[57:21.120 --> 57:22.120]  Okay.
[57:22.120 --> 57:29.560]  And you have been arrested, do you have a copy of my, the habeas that was on Jewish
[57:29.560 --> 57:30.560]  imprudence?
[57:30.560 --> 57:32.560]  Yes, I do.
[57:32.560 --> 57:33.560]  Okay.
[57:33.560 --> 57:41.440]  Go down that and that, all of the violations you see in there, you use that in your notice
[57:41.440 --> 57:45.200]  of tort.
[57:45.200 --> 57:51.560]  That all of these prosecutions were improper, all of these arrests were improper and all
[57:51.560 --> 57:57.680]  of these improper actions they took after the arrest are now actionable.
[57:57.680 --> 58:06.120]  So you give them a good whopping notice of tort and that ought to get their attention.
[58:06.120 --> 58:14.040]  Oh, well, yeah, it's going to be, man, there's so much stuff going on with this, it's just
[58:14.040 --> 58:15.040]  retarded.
[58:15.040 --> 58:17.040]  It's going to take a few guys like you.
[58:17.040 --> 58:21.160]  We've got two or three people around doing this kind of thing and it's going to take
[58:21.160 --> 58:26.160]  some suits against these judges to get them to finally back up and do things like they're
[58:26.160 --> 58:27.840]  supposed to.
[58:27.840 --> 58:28.840]  Okay.
[58:28.840 --> 58:29.840]  We are about to go to break.
[58:29.840 --> 58:38.160]  This is our top of the hour break, so it's a good time for everybody to go to the logosradionetwork.com
[58:38.160 --> 58:41.440]  page and look over our sponsors.
[58:41.440 --> 58:50.360]  And if you buy from Amazon, do it from our page and we'll be right back.
[58:50.360 --> 58:54.160]  Would you like to make more definite progress in your walk with God?
[58:54.160 --> 58:59.720]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.720 --> 59:01.040]  can really help.
[59:01.040 --> 59:05.520]  The New Testament Recovery Version is one of the most comprehensive study Bibles available
[59:05.520 --> 59:06.520]  today.
[59:06.520 --> 59:10.400]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.400 --> 59:13.520]  to know God and to know the meaning of life.
[59:13.520 --> 59:18.780]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.780 --> 59:23.040]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.040 --> 59:27.960]  of salvation, growing in Christ, and how to build up the church.
[59:27.960 --> 59:32.980]  To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:32.980 --> 59:45.760]  Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102, or visit
[59:45.760 --> 59:48.440]  us online at bfa.org.
[59:48.440 --> 59:54.640]  Live, free speech radio, logosradionetwork.com.
[59:54.640 --> 01:00:05.800]  The following use flash is brought to you by the Lone Star Lowdown, providing the deli
[01:00:05.800 --> 01:00:13.440]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[01:00:13.440 --> 01:00:21.120]  into the tides of the alternative.
[01:00:21.120 --> 01:00:27.360]  Markets for Wednesday, the 28th of September, 2016, are currently trading with gold at $1,321.50
[01:00:27.360 --> 01:00:34.680]  an ounce, silver, $19.16 an ounce, Texas crude, $44.67 a barrel, and Bitcoin is currently
[01:00:34.680 --> 01:00:39.160]  sitting at about $604 U.S. currency.
[01:00:39.160 --> 01:00:48.680]  Today in history, the year 1928, Sir Alexander Fleming notices bacteria killing mold growing
[01:00:48.680 --> 01:00:53.320]  in his laboratory, in essence discovering what later became known as penicillin, today
[01:00:53.320 --> 01:00:58.160]  in history.
[01:00:58.160 --> 01:01:02.840]  In recent use, FBI Director James Comey, while being asked about the FBI warning sent to
[01:01:02.840 --> 01:01:07.440]  states in June, and two successful intrusions into voter registration databases in Illinois
[01:01:07.440 --> 01:01:12.440]  and Arizona, told a House committee during an FBI oversight hearing Wednesday today that
[01:01:12.440 --> 01:01:16.920]  quote, there have been a variety of scanning activities, which is a preamble for potential
[01:01:16.920 --> 01:01:21.760]  intrusion activities, as well as some attempted intrusions at voter database registrations
[01:01:21.760 --> 01:01:25.860]  beyond those we knew about in July and August, though he did assure that the actual voting
[01:01:25.860 --> 01:01:30.120]  systems are not connected to the internet and are decentralized, rendering the hacking
[01:01:30.120 --> 01:01:32.840]  of any national election essentially impossible.
[01:01:32.840 --> 01:01:36.400]  He went on to say that we are urging the states just to make sure that their dead volts are
[01:01:36.400 --> 01:01:41.160]  thrown and their locks are on, and to get the best information they can, just to make
[01:01:41.160 --> 01:01:45.440]  sure that their systems are secure, because there's no doubt that some bad actors have
[01:01:45.440 --> 01:01:51.080]  been poking around.
[01:01:51.080 --> 01:01:54.560]  Both the Senate and the House voted Wednesday today in favor of the Justice Against Sponsors
[01:01:54.560 --> 01:01:59.640]  of Terrorism Act, or JASTA, overruling the veto the Obama administration made last week
[01:01:59.640 --> 01:02:02.900]  and the disregarding of warnings from top Pentagon officials.
[01:02:02.900 --> 01:02:08.120]  The bill allows family members of 9-11 victims to sue Saudi Arabia for backing up the attackers,
[01:02:08.120 --> 01:02:12.480]  as outlined in the recently disclosed 28 pages of the 9-11 Commission Report.
[01:02:12.480 --> 01:02:16.240]  Obama even went as far as to send a letter to the Senate leaders on Tuesday, warning
[01:02:16.240 --> 01:02:21.000]  that other countries could use JASTA to justify similar immunity exceptions to target the
[01:02:21.000 --> 01:02:22.000]  U.S.
[01:02:22.000 --> 01:02:25.520]  Political advisors are concerned that Saudi Arabia could, in response to the law, pull
[01:02:25.520 --> 01:02:30.320]  billions of dollars from the U.S. economy and persuade close allies in the Gulf Cooperation
[01:02:30.320 --> 01:02:36.040]  Council to scale back counter-terrorism cooperation, investment, and U.S. access to important regional
[01:02:36.040 --> 01:02:37.040]  military bases.
[01:02:37.040 --> 01:02:42.040]  Saudi Foreign Minister Adil al-Jubeir also told reporters back in June that the U.S.
[01:02:42.040 --> 01:02:44.880]  had the most to lose if JASTA was enacted.
[01:02:44.880 --> 01:02:50.160]  The Low Star Lowdown is currently looking for sponsors to advertise with us, feel free
[01:02:50.160 --> 01:02:53.160]  to give me a call at 210-363-2257.
[01:02:53.160 --> 01:03:09.120]  This is Rick Rodeo with the Lowdown for September 28, 2016.
[01:03:09.120 --> 01:03:30.440]  Okay, we are back, Randy Kelton, Lula Radio, and we're talking to Scott in Texas.
[01:03:30.440 --> 01:03:34.640]  Okay, Scott, do you have anything else for us?
[01:03:34.640 --> 01:03:36.640]  Well, I'm good.
[01:03:36.640 --> 01:03:43.520]  Okay, so you're ready to get on the habeas corpus.
[01:03:43.520 --> 01:03:44.520]  That's going to be fun.
[01:03:44.520 --> 01:03:46.240]  I think you'll like the habeas corpus.
[01:03:46.240 --> 01:03:49.560]  Oh yeah, I've read it.
[01:03:49.560 --> 01:03:53.200]  The habeas corpus is the great writ.
[01:03:53.200 --> 01:03:56.680]  Everything stands down before the writ.
[01:03:56.680 --> 01:04:00.920]  So it should get interesting when you take this to the federal court.
[01:04:00.920 --> 01:04:07.560]  You know, they get bored, they do the same stuff over and over every day.
[01:04:07.560 --> 01:04:12.520]  You give them an opportunity to do something interesting.
[01:04:12.520 --> 01:04:18.960]  And good chance the judge is going to enjoy taking a shot at the state.
[01:04:18.960 --> 01:04:27.920]  Okay, our call boards are fairly empty tonight, and we have three more hours.
[01:04:27.920 --> 01:04:36.880]  So I'm going to go back to talking about something that I wanted to address from the beginning.
[01:04:36.880 --> 01:04:45.840]  And it's a section in the e-book that I'm writing, and the reason I like to talk about
[01:04:45.840 --> 01:04:57.480]  it on the air is because I'm taking some rather sophisticated linguistic structures and turning
[01:04:57.480 --> 01:04:59.960]  them around backwards.
[01:04:59.960 --> 01:05:06.800]  Anybody here who's familiar with neuro-linguistic programming will recognize that neuro-linguistic
[01:05:06.800 --> 01:05:14.080]  programming is not something that was invented by Grinder and Bandelier.
[01:05:14.080 --> 01:05:26.680]  Grinder and Bandelier simply named their explanation of how the mind works neuro-linguistic programming.
[01:05:26.680 --> 01:05:33.880]  They didn't come up with anything new, they just came up with some descriptions of how
[01:05:33.880 --> 01:05:38.160]  human beings use language.
[01:05:38.160 --> 01:05:44.000]  And for the most part, they didn't come up with the majority of this, other researchers
[01:05:44.000 --> 01:05:46.000]  did.
[01:05:46.000 --> 01:05:55.880]  And they just put it together in a way that ordinary people could make sense of it.
[01:05:55.880 --> 01:06:04.920]  These are, I want to talk about some linguistic structures, and these structures are structures
[01:06:04.920 --> 01:06:12.600]  that we use every day, and one of them's cause and effect, and it gives a good explanation
[01:06:12.600 --> 01:06:18.040]  that will kind of demonstrate why I want to go to these linguistic structures.
[01:06:18.040 --> 01:06:29.920]  And I'm going to read the explanation in the therapeutic context, neuro-linguistic programming
[01:06:29.920 --> 01:06:38.680]  presents these linguistic structures in a therapeutic context as a way of being able
[01:06:38.680 --> 01:06:47.440]  to help other people change behavior that they want to change.
[01:06:47.440 --> 01:06:52.000]  When I first came across neuro-linguistic programming, they were the first one that
[01:06:52.000 --> 01:07:00.200]  treated the living mind as if it was consistent, as if it was ultimately understandable.
[01:07:00.200 --> 01:07:07.840]  And they looked at this mechanism and tried to define or discern consistencies in the
[01:07:07.840 --> 01:07:16.440]  way the mechanism worked, and then used those mechanisms in a way that would help an individual
[01:07:16.440 --> 01:07:20.840]  enrich their mental model of the world they live in.
[01:07:20.840 --> 01:07:25.920]  And when we're speaking to language, they talk about deep structure and surface structure.
[01:07:25.920 --> 01:07:31.880]  The surface structure of communication is what you say, and I'm sure everybody's heard
[01:07:31.880 --> 01:07:43.560]  that 90% of the communication between two people is in body language or in other modalities
[01:07:43.560 --> 01:07:47.040]  other than the spoken word.
[01:07:47.040 --> 01:07:52.120]  Well, there's more to it than that.
[01:07:52.120 --> 01:07:54.760]  Language is complex.
[01:07:54.760 --> 01:07:58.400]  The world we live in is extremely complex.
[01:07:58.400 --> 01:08:01.680]  Let's say we want to talk about law.
[01:08:01.680 --> 01:08:12.480]  Well, if I'm going to speak to you about law, I have to presume that you already understand
[01:08:12.480 --> 01:08:16.200]  a vast amount of information.
[01:08:16.200 --> 01:08:24.040]  And I don't have to explain to you every minute little detail.
[01:08:24.040 --> 01:08:30.240]  I'm sure you've listened to some of my explanations and thought I was being horribly pedantic
[01:08:30.240 --> 01:08:35.120]  because I'm going into all this fine detail and make you crazy with it.
[01:08:35.120 --> 01:08:38.520]  And I do that in law to make sure we're all on the right page.
[01:08:38.520 --> 01:08:41.640]  But in normal conversation, you don't do that.
[01:08:41.640 --> 01:08:50.160]  You take this word that has a general meaning that covers a lot of underlying understanding
[01:08:50.160 --> 01:08:52.680]  and you say this word.
[01:08:52.680 --> 01:09:02.600]  And the intent of it is to access the information in the mind of the other person, the detailed
[01:09:02.600 --> 01:09:04.840]  information that you don't want to have to tell them.
[01:09:04.840 --> 01:09:12.440]  But if I tell you I was driving my car, I don't have to explain every minor little aspect
[01:09:12.440 --> 01:09:17.840]  of opening the door, sitting in the car, sticking the key in the ignition, turning the ignition.
[01:09:17.840 --> 01:09:20.160]  I explain all that.
[01:09:20.160 --> 01:09:27.320]  When I say I'm driving my car, you create an image in your mind of what it is to drive
[01:09:27.320 --> 01:09:28.320]  a car.
[01:09:28.320 --> 01:09:35.920]  If I say I'm driving down Highway 635 in North Dallas near Central Expressway, you've got
[01:09:35.920 --> 01:09:37.680]  an image of that in your mind.
[01:09:37.680 --> 01:09:41.080]  If you're in the North Dallas area, you've been there yourself.
[01:09:41.080 --> 01:09:42.960]  So you can put yourself in that position.
[01:09:42.960 --> 01:09:46.240]  I don't have to explain all that deep structure stuff.
[01:09:46.240 --> 01:09:56.800]  Well, that's a great for allowing us to have sophisticated communications with one another.
[01:09:56.800 --> 01:10:09.480]  However, very often we use surface structures without a conscious representation of our
[01:10:09.480 --> 01:10:12.080]  deep structures.
[01:10:12.080 --> 01:10:15.720]  That really makes me mad.
[01:10:15.720 --> 01:10:23.360]  Well, when I say that really makes me mad, I have an image in my mind of what that means.
[01:10:23.360 --> 01:10:30.400]  I have a whole cluster of information that defines what that means.
[01:10:30.400 --> 01:10:40.120]  When you hear that, you have a whole cluster of information that defines what that means.
[01:10:40.120 --> 01:10:50.240]  Your understanding of it may be the same as my understanding and it may not to the degree
[01:10:50.240 --> 01:10:55.920]  that our understandings of the deep structure are different.
[01:10:55.920 --> 01:11:01.200]  That creates a complex equivalent.
[01:11:01.200 --> 01:11:09.520]  It seems on the surface as if we're both in the same place, but we could be in radically
[01:11:09.520 --> 01:11:16.360]  different places depending on our history and the way we've learned to define terms.
[01:11:16.360 --> 01:11:28.280]  Well, little linguistic programming uses tools to force the speaker to access deep structure.
[01:11:28.280 --> 01:11:32.360]  Boy, he really makes me mad.
[01:11:32.360 --> 01:11:41.960]  Well, how does he make you mad or how do you feel differently when you're mad as opposed
[01:11:41.960 --> 01:11:44.040]  to when you're not mad?
[01:11:44.040 --> 01:11:48.680]  These are questions that do not go to content.
[01:11:48.680 --> 01:11:53.520]  These are questions that go to structure and they call this the meta-model.
[01:11:53.520 --> 01:12:00.480]  We're not talking about the content of what you're saying, but we're addressing the way
[01:12:00.480 --> 01:12:08.400]  you use the language and asking where you have used a deletion or a distortion and anomalization.
[01:12:08.400 --> 01:12:16.560]  We're asking you to go pull up some of the more fine details and explain it more clearly.
[01:12:16.560 --> 01:12:26.800]  Often, we develop these internal definitions of things and we begin to lose the deep structure,
[01:12:26.800 --> 01:12:31.040]  lose direct conscious awareness of the deep structure.
[01:12:31.040 --> 01:12:37.160]  Under new linguistic programming, by accessing the deep structure, they help someone to better
[01:12:37.160 --> 01:12:44.800]  explain the situation to themselves and if they do it right, the practitioner doesn't
[01:12:44.800 --> 01:12:50.520]  enter any information himself.
[01:12:50.520 --> 01:12:57.000]  You could have a situation and I could think I know something about it, but I'm just hallucinating.
[01:12:57.000 --> 01:13:02.240]  I'm taking your model of the world, comparing it to my model of the world and hallucinating
[01:13:02.240 --> 01:13:07.320]  in that I'm thinking that your model is my model and it's not.
[01:13:07.320 --> 01:13:09.440]  You live in a different world than I do.
[01:13:09.440 --> 01:13:19.360]  We have these tools to step outside the model and look back at the model and address issues
[01:13:19.360 --> 01:13:26.360]  based on the structure of the language that we're using, which is a great tool for therapy.
[01:13:26.360 --> 01:13:32.560]  A lot of these tools are used in what we call conversational induction.
[01:13:32.560 --> 01:13:37.480]  There was a guy, Milton Erickson, who could take you and bring you out.
[01:13:37.480 --> 01:13:41.360]  You never know you've been there.
[01:13:41.360 --> 01:13:45.400]  There are lawyers who do the same thing.
[01:13:45.400 --> 01:13:55.440]  We do that to one another all the time without realizing it and by studying these structural
[01:13:55.440 --> 01:14:04.160]  aspects of the language, it makes it easier for us to recognize when we're being led subliminally
[01:14:04.160 --> 01:14:06.240]  as opposed to consciously.
[01:14:06.240 --> 01:14:14.400]  Lawyers use this all the time and I use it backwards.
[01:14:14.400 --> 01:14:21.560]  I use it when we're on the show for more clear communication.
[01:14:21.560 --> 01:14:31.200]  But there are tools in here like lack of referential index when you don't give someone an accurate
[01:14:31.200 --> 01:14:34.040]  way of referring to things.
[01:14:34.040 --> 01:14:44.080]  Well, we can use these tools to access referential index or we can use these tools to be artfully
[01:14:44.080 --> 01:14:45.080]  vague.
[01:14:45.080 --> 01:14:53.040]  An example, I read a book by Dean Koontz and he told about he's trying to find this investigator's
[01:14:53.040 --> 01:14:59.200]  records and the investigator had died and his wife had his records and he goes to where
[01:14:59.200 --> 01:15:03.560]  his wife lives and he describes the trailer she lived in.
[01:15:03.560 --> 01:15:10.640]  He spent 20 something pages describing this mobile home.
[01:15:10.640 --> 01:15:16.400]  It was three bedroom, rather small, aging.
[01:15:16.400 --> 01:15:22.720]  He described how a porch had been on and how it was finally painted and the flowers beds
[01:15:22.720 --> 01:15:31.000]  around it and the disabled ramp that indicated that she was in a wheelchair and just on and
[01:15:31.000 --> 01:15:33.680]  on and on and on and on.
[01:15:33.680 --> 01:15:45.040]  And he could have said she was living in a very well-kept but aging mobile home.
[01:15:45.040 --> 01:15:54.200]  And I would have created in my mind an image of a quaint, well-kept, aging mobile home
[01:15:54.200 --> 01:16:01.520]  that fit very well in my understanding, but he didn't do that.
[01:16:01.520 --> 01:16:06.840]  He said she lived in an older mobile home so I created an older mobile home in my mind,
[01:16:06.840 --> 01:16:12.400]  what one looked like to me and then he gave it dimensions so I had to take mine and readjust
[01:16:12.400 --> 01:16:17.480]  it to those dimensions and then he put a ramp in front of it so I had to take my picture
[01:16:17.480 --> 01:16:21.160]  and put a ramp in front of it and he told what kind of flowers were in the flower bed
[01:16:21.160 --> 01:16:23.280]  so I had to stick flowers in it.
[01:16:23.280 --> 01:16:25.480]  He was making me crazy.
[01:16:25.480 --> 01:16:32.440]  He called that a reality stack that gets you busy with irrelevant details and then you
[01:16:32.440 --> 01:16:34.600]  miss the important details.
[01:16:34.600 --> 01:16:39.280]  So we can use this forward, we can use this backward and when we come back I want to talk
[01:16:39.280 --> 01:16:46.280]  about artful vagueness and how we can use artful vagueness and how all of these tools
[01:16:46.280 --> 01:16:47.720]  refer to artful vagueness.
[01:16:47.720 --> 01:16:54.120]  This is Randy Kelkin, the rules of our radio and I'm probably putting everybody to sleep
[01:16:54.120 --> 01:16:57.960]  but I want to torture you a little while when we come back and we've got a couple of callers
[01:16:57.960 --> 01:16:58.960]  we'll go to them.
[01:16:58.960 --> 01:16:59.960]  We'll be right back.
[01:16:59.960 --> 01:17:04.840]  At Capital Coin and Bullion our mission is to be your preferred shopping destination
[01:17:04.840 --> 01:17:08.920]  by delivering excellent customer service and outstanding value at an affordable price.
[01:17:08.920 --> 01:17:12.720]  We provide a wide assortment of your favorite products featuring a great selection of high
[01:17:12.720 --> 01:17:14.680]  quality coins and precious metals.
[01:17:14.680 --> 01:17:18.600]  We cater to beginners in coin collecting as well as large transactions for investors.
[01:17:18.600 --> 01:17:23.280]  We believe in educating our customers with resources from top accredited metals dealers
[01:17:23.280 --> 01:17:24.280]  and journalists.
[01:17:24.280 --> 01:17:27.240]  If we don't have what you're looking for, we can find it.
[01:17:27.240 --> 01:17:31.480]  In addition, we carry popular young Jeopardy products such as Beyond Tangy Tangerine and
[01:17:31.480 --> 01:17:32.480]  Polynbers.
[01:17:32.480 --> 01:17:37.360]  We also offer One World Way, Mountain House Storable Foods, Berkey Water Products, ammunition
[01:17:37.360 --> 01:17:39.520]  at 10% above wholesale and more.
[01:17:39.520 --> 01:17:43.480]  We broker metals IRA accounts and we also accept Bitcoins as payment.
[01:17:43.480 --> 01:17:46.480]  Call us at 512-646-6440.
[01:17:46.480 --> 01:17:51.440]  We're located at 7304 Burnett Road, Suite A, about a half mile south of Anderson.
[01:17:51.440 --> 01:17:54.480]  We're open Monday through Friday 10 to 6, Saturdays 10 to 2.
[01:17:54.480 --> 01:18:00.720]  Visit us at CapitalCoinAndBullying.com or call 512-646-6440.
[01:18:00.720 --> 01:18:05.400]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
[01:18:05.400 --> 01:18:09.520]  Stop debt collectors now with the Michael Maris Proven Method.
[01:18:09.520 --> 01:18:13.840]  Michael Maris has won six cases in federal court against debt collectors and now you
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[01:18:14.840 --> 01:18:19.640]  You'll get step by step instructions in plain English on how to win in court using federal
[01:18:19.640 --> 01:18:21.320]  civil rights statutes.
[01:18:21.320 --> 01:18:26.280]  What to do when contacted by phone, mail or court summons, how to answer letters and phone
[01:18:26.280 --> 01:18:30.960]  calls, how to get debt collectors out of your credit report, how to turn the financial tables
[01:18:30.960 --> 01:18:34.240]  on them and make them pay you to go away.
[01:18:34.240 --> 01:18:39.360]  The Michael Maris Proven Method is the solution for how to stop debt collectors.
[01:18:39.360 --> 01:18:41.520]  Personal consultation is available as well.
[01:18:41.520 --> 01:18:47.040]  For more information, please visit RuleOfLawRadio.com and click on the blue Michael Maris banner
[01:18:47.040 --> 01:18:50.040]  or email MichaelMaris at yahoo.com.
[01:18:50.040 --> 01:18:59.040]  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
[01:18:59.040 --> 01:19:00.040]  collectors now.
[01:19:00.040 --> 01:19:01.040]  This is the Logos Radio Network.
[01:19:01.040 --> 01:19:26.840]  Okay, we are back.
[01:19:26.840 --> 01:19:35.640]  Randy Kelvin, Rule of Law Radio and I suspect I'm probably torturing my listeners, but this
[01:19:35.640 --> 01:19:48.640]  is a very powerful set of techniques that I'm trying to find a way to structure my language
[01:19:48.640 --> 01:19:51.840]  so that this will make sense to you.
[01:19:51.840 --> 01:20:00.920]  I'm going to read just one little section here by an author talking about one of these
[01:20:00.920 --> 01:20:03.720]  sections and then I'll go to our callers.
[01:20:03.720 --> 01:20:09.040]  We've got a couple of callers on the board, but this will kind of tell you where I'm trying
[01:20:09.040 --> 01:20:10.040]  to go.
[01:20:10.040 --> 01:20:16.360]  In hypnosis, we sometimes choose to deliberately violate... Oops, I'm sorry, I think I moved
[01:20:16.360 --> 01:20:18.560]  my page back up.
[01:20:18.560 --> 01:20:29.640]  Okay, in the NLP Meta Model, Richard Bandelier and John Grenders named for the well-formedness
[01:20:29.640 --> 01:20:34.480]  conditions of the surface structure of the English language.
[01:20:34.480 --> 01:20:40.120]  It's based on the recognition that all language has presuppositions, deletions, distortions
[01:20:40.120 --> 01:20:41.120]  and generalizations.
[01:20:41.120 --> 01:20:47.720]  The Meta Model was employed to expose those and enable the listener to discover the deeper
[01:20:47.720 --> 01:20:49.360]  structure of the sentence.
[01:20:49.360 --> 01:20:55.840]  The student listener would utilize direct questions to derive the more specific meanings
[01:20:55.840 --> 01:20:58.240]  the speaker intends.
[01:20:58.240 --> 01:21:04.880]  In hypnosis, we sometimes choose to deliberately violate these well-formedness conditions in
[01:21:04.880 --> 01:21:11.520]  order to be purposely and artfully vague.
[01:21:11.520 --> 01:21:17.240]  This enables the listener to fill in the blanks themselves and creates a more seamless and
[01:21:17.240 --> 01:21:20.760]  deep trance experience.
[01:21:20.760 --> 01:21:29.760]  This is an introduction into some of these techniques and how they're used in hypnosis.
[01:21:29.760 --> 01:21:37.600]  Well, these are tools everybody uses in ordinary language every day.
[01:21:37.600 --> 01:21:41.360]  There's nothing new here.
[01:21:41.360 --> 01:21:47.560]  But we're trying to set these out so that you notice them.
[01:21:47.560 --> 01:21:52.800]  Now, the reason I read both sides of that, this reverse Meta Model, let me give you an
[01:21:52.800 --> 01:21:57.400]  example of what he's talking about.
[01:21:57.400 --> 01:22:03.800]  At first, people always wonder how deeply you will go into trance, how deeply you will
[01:22:03.800 --> 01:22:04.960]  go into trance.
[01:22:04.960 --> 01:22:07.600]  This presupposes that you'll go into trance.
[01:22:07.600 --> 01:22:12.000]  The question is not whether you'll go into trance or not, but how deeply you will go.
[01:22:12.000 --> 01:22:15.360]  It bypasses the question of whether or not you'll go into trance.
[01:22:15.360 --> 01:22:21.060]  If I don't want to spend too much time on this, I'd like to do this in pieces in some
[01:22:21.060 --> 01:22:29.480]  other shows, a few pieces at a time, so that we can become aware of these structures.
[01:22:29.480 --> 01:22:34.560]  It's not necessary to know all of them.
[01:22:34.560 --> 01:22:42.120]  But if you have heard the definition of them and been exposed to those structures, then
[01:22:42.120 --> 01:22:46.520]  when you're in court and you're listening to this lawyer babble on, every once in a
[01:22:46.520 --> 01:22:52.840]  while, you're going to have some red flags popping up that you otherwise wouldn't have.
[01:22:52.840 --> 01:22:59.400]  Once the red flag starts popping up, then it puts you on your guard as to keep you from
[01:22:59.400 --> 01:23:07.280]  being led to accept things that you would not otherwise accept or to believe things
[01:23:07.280 --> 01:23:10.160]  that may or may not be true.
[01:23:10.160 --> 01:23:18.680]  Just very quickly, I'm going to go down the names of some of these.
[01:23:18.680 --> 01:23:26.760]  You will find as you look at these structures that they are all part of the same thing.
[01:23:26.760 --> 01:23:36.560]  We've arbitrarily isolated them into separate structures, but they really all mesh together.
[01:23:36.560 --> 01:23:42.440]  The first one we start out with is lack of specific reference, lack of referential index.
[01:23:42.440 --> 01:23:53.800]  We do that through unspecified adjectives, unspecified simple deletions, unspecified
[01:23:53.800 --> 01:23:57.520]  relationships, and unspecified nouns.
[01:23:57.520 --> 01:24:06.000]  We create comparative deletions where we compare things together, but we don't state specifically
[01:24:06.000 --> 01:24:09.600]  what we're comparing.
[01:24:09.600 --> 01:24:15.120]  Unspecified referential index, unspecified verbs, nominalizations.
[01:24:15.120 --> 01:24:19.600]  Nominalization is where you take a process and turn it into a noun.
[01:24:19.600 --> 01:24:22.400]  That really makes me mad.
[01:24:22.400 --> 01:24:26.120]  Mad is not a thing.
[01:24:26.120 --> 01:24:35.240]  Mad is a term to describe a number of actions, a certain type of actions.
[01:24:35.240 --> 01:24:36.520]  Doesn't tell what they are.
[01:24:36.520 --> 01:24:43.560]  It's just one term that groups that whole set of behaviors together in one term.
[01:24:43.560 --> 01:24:46.320]  That's called a nominalization.
[01:24:46.320 --> 01:24:53.800]  One of the most insidious tools a lawyer will use to misdirect you, unspecified versus you.
[01:24:53.800 --> 01:25:06.120]  Modal operators, must, should, must, can't, this is the mother's.
[01:25:06.120 --> 01:25:10.400]  You have modal operators of necessity.
[01:25:10.400 --> 01:25:11.400]  I'll go on.
[01:25:11.400 --> 01:25:12.400]  We're going to run out.
[01:25:12.400 --> 01:25:14.240]  I don't have enough time for all of these.
[01:25:14.240 --> 01:25:17.520]  So you hear them and I'll go back to them later.
[01:25:17.520 --> 01:25:22.480]  Selectional restriction violation, that's where you attribute characteristics to something
[01:25:22.480 --> 01:25:30.840]  that can't have those characteristics, where for instance, I bet your clothes wish you
[01:25:30.840 --> 01:25:34.640]  would go on a diet, where your clothes can't wish you could go on a diet.
[01:25:34.640 --> 01:25:37.520]  That's a selectional restriction violation.
[01:25:37.520 --> 01:25:45.240]  The quantifiers, implied or stated, false cause and effect, mind reading, complex equivalence,
[01:25:45.240 --> 01:25:49.720]  which I've addressed before, and loss performatives.
[01:25:49.720 --> 01:25:51.360]  I will get into these.
[01:25:51.360 --> 01:26:02.240]  Anybody who has a greater interest in this, send me an email and I will give them this
[01:26:02.240 --> 01:26:09.320]  section of the ebook, the section on mental flow.
[01:26:09.320 --> 01:26:12.200]  This whole section is about mental flow.
[01:26:12.200 --> 01:26:21.680]  How do you move the mind of your listener or your reader from where you're at to another
[01:26:21.680 --> 01:26:25.160]  place without tripping them up?
[01:26:25.160 --> 01:26:31.440]  How do you keep from generating unintended questions in the mind of your reader?
[01:26:31.440 --> 01:26:37.760]  I suspect everybody here has been to a seminar at one time or another, and you're going along
[01:26:37.760 --> 01:26:45.080]  in the seminar and the speaker will make a statement and you'll say, what?
[01:26:45.080 --> 01:26:51.840]  You won't understand what he's referring to or an implication that he makes, and when
[01:26:51.840 --> 01:26:58.120]  that happens, you experience a pattern interruption, you are stopped, and you're trying to figure
[01:26:58.120 --> 01:27:02.000]  out what he's talking about.
[01:27:02.000 --> 01:27:06.240]  This is my major complaint to acronyms, never use acronyms.
[01:27:06.240 --> 01:27:16.440]  You can see Respa, R-E-S-P-A, and every time some part of the brain will have to separate
[01:27:16.440 --> 01:27:27.840]  itself from the flow and read it, real estate settlement procedures act, it always interrupts
[01:27:27.840 --> 01:27:31.360]  flow, always, always.
[01:27:31.360 --> 01:27:38.360]  If you put in real estate settlement procedures act, nice big long title, but the brain will
[01:27:38.360 --> 01:27:46.600]  see that like it sees a 1961 Chevrolet, it's not going to read all those words, it recognizes
[01:27:46.600 --> 01:27:55.840]  them and does not drop out of flow, unless you spelled one of them wrong.
[01:27:55.840 --> 01:28:02.080]  And then the images you have in your mind of what this word looks like doesn't exactly
[01:28:02.080 --> 01:28:08.000]  match the image that you're seeing, and that other part of your brain will interrupt the
[01:28:08.000 --> 01:28:11.720]  flow and say, wait a minute, something's wrong with that.
[01:28:11.720 --> 01:28:15.880]  I'm not sure exactly what it is, but something isn't right.
[01:28:15.880 --> 01:28:19.840]  You drop out of flow and then you figure out they got two letters reversed, and then you
[01:28:19.840 --> 01:28:20.840]  go on.
[01:28:20.840 --> 01:28:23.440]  So be careful with your spelling, be careful with your grammar.
[01:28:23.440 --> 01:28:26.720]  They always cause pattern interruptions.
[01:28:26.720 --> 01:28:39.280]  And be careful to structure your language so that you always give referential index.
[01:28:39.280 --> 01:28:46.000]  That's why we object to pronouns, same thing, pronouns always create to drop you out of
[01:28:46.000 --> 01:28:47.000]  flow.
[01:28:47.000 --> 01:28:54.120]  This whole section and all of these tools we talk about, I'm not interested in them
[01:28:54.120 --> 01:29:01.080]  here for their use in therapy or in hypnosis or any of that.
[01:29:01.080 --> 01:29:09.480]  I'm interested in them in their capacity to interrupt flow and drop someone out of the
[01:29:09.480 --> 01:29:17.640]  content that you're trying to present and forces them to look at the structure and then
[01:29:17.640 --> 01:29:19.840]  you lose your reader or your listener.
[01:29:19.840 --> 01:29:20.840]  Okay.
[01:29:20.840 --> 01:29:22.800]  That's all I'm going to say about that today.
[01:29:22.800 --> 01:29:29.720]  We've got some callers on the line, and these are from last night, a couple of them, and
[01:29:29.720 --> 01:29:34.880]  I definitely want to get to these guys, so if you're interested in this, let me know
[01:29:34.880 --> 01:29:41.080]  and I'll send you some extra information about it, I'm having a little trouble with my clock
[01:29:41.080 --> 01:29:48.000]  here this, okay, if you hear some music, I may run off the cliff because my clock is
[01:29:48.000 --> 01:29:49.000]  not working.
[01:29:49.000 --> 01:29:57.440]  Anyway, okay, I'm going to go to Rodney in Texas, hello, Rodney, if you hear the music,
[01:29:57.440 --> 01:29:58.440]  when you're talking...
[01:29:58.440 --> 01:30:04.600]  Are you a sucker for a good deal?
[01:30:04.600 --> 01:30:08.720]  Your research suggests the way you respond to one of those limited time offers is all
[01:30:08.720 --> 01:30:11.120]  about something your parents gave you at birth.
[01:30:11.120 --> 01:30:16.560]  I'm Dr. Catherine Albrecht, and I'll be back with a surprising story in just a moment.
[01:30:16.560 --> 01:30:18.160]  Privacy is under attack.
[01:30:18.160 --> 01:30:22.560]  When you give up data about yourself, you'll never get it back again, and once your privacy
[01:30:22.560 --> 01:30:28.000]  is gone, you'll find your freedoms will start to vanish too, so protect your rights, say
[01:30:28.000 --> 01:30:31.600]  no to surveillance and keep your information to yourself.
[01:30:31.600 --> 01:30:34.320]  Privacy, it's worth hanging on to.
[01:30:34.320 --> 01:30:38.600]  This public service announcement is brought to you by StartPage.com, the private search
[01:30:38.600 --> 01:30:42.120]  engine alternative to Google, Yahoo, and Bing.
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[01:30:43.600 --> 01:30:50.120]  It's a gift most of us inherit at birth, our last names, and according to new research,
[01:30:50.120 --> 01:30:54.440]  the first letter of our last names can have a surprising impact on how quickly we respond
[01:30:54.440 --> 01:30:55.760]  to sales promotions.
[01:30:55.760 --> 01:30:59.840]  Georgetown University marketing professor Kurt Carlson has found that adults who grew
[01:30:59.840 --> 01:31:04.440]  up with last names starting with the letters R through Z will jump at opportunities three
[01:31:04.440 --> 01:31:08.400]  times faster than their peers whose names begin with A through I.
[01:31:08.400 --> 01:31:12.960]  Carlson theorizes this has to do with the tradition of lining up school children alphabetically
[01:31:12.960 --> 01:31:13.960]  by last name.
[01:31:13.960 --> 01:31:18.160]  Kids who always fell at the end of the line developed a need to act quickly after years
[01:31:18.160 --> 01:31:19.160]  of being last.
[01:31:19.160 --> 01:31:20.840]  I'm Dr. Catherine Albrecht.
[01:31:20.840 --> 01:31:30.600]  More news and information at CatherineAlbrecht.com.
[01:31:30.600 --> 01:31:35.960]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:35.960 --> 01:31:38.080]  The government says that fire brought it down.
[01:31:38.080 --> 01:31:43.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:45.720]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.720 --> 01:31:48.480]  But thousands of my fellow first responders are dying.
[01:31:48.480 --> 01:31:49.960]  I'm not a conspiracy theorist.
[01:31:49.960 --> 01:31:50.960]  I'm a structural engineer.
[01:31:50.960 --> 01:31:52.320]  I'm a New York City correction officer.
[01:31:52.320 --> 01:31:53.320]  I'm an Air Force pilot.
[01:31:53.320 --> 01:31:54.920]  I'm a father who lost his son.
[01:31:54.920 --> 01:31:57.560]  We're Americans, and we deserve the truth.
[01:31:57.560 --> 01:31:59.560]  Go to RememberBuilding7.org today.
[01:31:59.560 --> 01:32:02.840]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:02.840 --> 01:32:06.120]  Did your home receive hail or wind damage from the recent storms?
[01:32:06.120 --> 01:32:09.760]  Come on, we all know the government caused it with their chemtrails, but good luck getting
[01:32:09.760 --> 01:32:10.760]  them to pay for it.
[01:32:10.760 --> 01:32:14.400]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[01:32:14.400 --> 01:32:18.200]  That's why you have insurance, and Hill Country Home Improvements can handle the claim for
[01:32:18.200 --> 01:32:23.400]  you with little to no out-of-pocket expense, and we accept Bitcoin as a multi-year A-plus
[01:32:23.400 --> 01:32:26.520]  member of the Better Business Bureau with zero complaints.
[01:32:26.520 --> 01:32:30.880]  You can trust Hill Country Home Improvements to handle your claim and your roof right the
[01:32:30.880 --> 01:32:31.960]  first time.
[01:32:31.960 --> 01:32:40.640]  Just call 512-992-8745, or go to hillcountryhomeimprovements.com, mention the crypto show, and get $100 off,
[01:32:40.640 --> 01:32:45.240]  and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.240 --> 01:32:50.360]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:50.360 --> 01:32:56.360]  That's 512-992-8745, or hillcountryhomeimprovements.com.
[01:32:56.360 --> 01:32:58.360]  Discounts are based on full roof replacement.
[01:32:58.360 --> 01:33:02.960]  May not actually be kidding about chemtrails.
[01:33:02.960 --> 01:33:03.960]  Looking for some truth?
[01:33:03.960 --> 01:33:15.960]  You found it, logosradionetwork.com.
[01:33:33.960 --> 01:33:47.960]  Okay, we are back, Randy Kelton, Rue La Radio, and let me explain what happened to me at
[01:33:47.960 --> 01:33:50.480]  the break that time.
[01:33:50.480 --> 01:33:58.320]  I have a clock here in front of me that tells me how much time I have left in a segment,
[01:33:58.320 --> 01:34:01.040]  and my clock went down.
[01:34:01.040 --> 01:34:07.760]  Now we have bumper music, and you can hear that bumper music, but my system has a suppressor
[01:34:07.760 --> 01:34:09.200]  on it.
[01:34:09.200 --> 01:34:16.480]  So if you're speaking, or I'm speaking, the suppressor pushes the bumper music down so
[01:34:16.480 --> 01:34:18.720]  I can't hear it.
[01:34:18.720 --> 01:34:25.920]  If I'm speaking and you speak, the suppressor will push your voice down under my voice.
[01:34:25.920 --> 01:34:31.080]  So if ever we're talking, and you're talking and I'm talking, I may or may not hear you
[01:34:31.080 --> 01:34:34.040]  because it will push your voice down below me.
[01:34:34.040 --> 01:34:38.680]  And if either one of us are talking and the bumper music comes on, the only time I'll
[01:34:38.680 --> 01:34:44.440]  hear it is if you stop and take a breath, and I hear a little tone in the background.
[01:34:44.440 --> 01:34:45.920]  That's what happened at this last segment.
[01:34:45.920 --> 01:34:51.120]  I heard a tone and went to my clock, and my clock is out.
[01:34:51.120 --> 01:34:54.040]  So I had no idea how much time I had left.
[01:34:54.040 --> 01:34:59.080]  So I managed to stumble off the cliff, and Deborah will punish me severely for that.
[01:34:59.080 --> 01:35:05.720]  Just so you understand, if you hear the bumper music and I don't notice it, if you're talking,
[01:35:05.720 --> 01:35:10.400]  then let me know, and I will take us to break.
[01:35:10.400 --> 01:35:13.240]  Okay, enough said on that subject.
[01:35:13.240 --> 01:35:14.720]  Now we're going to Rodney in Texas.
[01:35:14.720 --> 01:35:15.720]  Hello, Rodney.
[01:35:15.720 --> 01:35:18.480]  Hey, how you doing, Randy?
[01:35:18.480 --> 01:35:22.200]  I'm doing good, and I'm sorry I couldn't get to you last night.
[01:35:22.200 --> 01:35:25.480]  So we'll get to you early today.
[01:35:25.480 --> 01:35:34.200]  Yeah, I was able to obtain a lot of useful information from that call with Olivier, particularly
[01:35:34.200 --> 01:35:39.720]  the part about the vexatious litigate.
[01:35:39.720 --> 01:35:47.080]  And I actually filed my written end amiss, and that kind of ties in with what I called
[01:35:47.080 --> 01:35:48.080]  back then.
[01:35:48.080 --> 01:35:50.360]  Okay, hold on, hold on.
[01:35:50.360 --> 01:35:55.400]  Back up a little bit and give us all some referential index, give us a quick background
[01:35:55.400 --> 01:35:57.600]  so we understand where you're at.
[01:35:57.600 --> 01:36:06.240]  Yeah, I had an administrative hearing, and the hearing person wasn't adhering to any
[01:36:06.240 --> 01:36:07.240]  of the...
[01:36:07.240 --> 01:36:09.800]  Okay, hold on, hold on.
[01:36:09.800 --> 01:36:13.440]  Administrative hearing, what was the nature of the administrative hearing?
[01:36:13.440 --> 01:36:23.160]  It involved discrimination, educational issues, I'm being nonspecific, but...
[01:36:23.160 --> 01:36:24.160]  Yeah, I understand.
[01:36:24.160 --> 01:36:28.520]  Is this a governmental entity or is it a private company?
[01:36:28.520 --> 01:36:31.200]  It's a state agency.
[01:36:31.200 --> 01:36:32.360]  Okay, okay.
[01:36:32.360 --> 01:36:33.360]  Now that makes sense.
[01:36:33.360 --> 01:36:37.880]  Now the administrative proceeding makes sense because it's with a state agency.
[01:36:37.880 --> 01:36:46.120]  So you must be subject to a regulatory scheme, and you're not coming in making criminal charges,
[01:36:46.120 --> 01:36:52.240]  but you're acting within a regulatory scheme using the Administrative Procedures Act to
[01:36:52.240 --> 01:36:54.160]  adjudicate a regulatory scheme.
[01:36:54.160 --> 01:36:57.800]  Okay, now I got referential index.
[01:36:57.800 --> 01:36:59.000]  Okay.
[01:36:59.000 --> 01:37:07.960]  So well, before the actual administrative hearing, based on my experiences in the real
[01:37:07.960 --> 01:37:15.360]  courtroom, I knew that it wasn't going to bode well for me if I continued to let this
[01:37:15.360 --> 01:37:19.760]  hearing officer do what the hearing officer was doing.
[01:37:19.760 --> 01:37:32.200]  So I called you and you mentioned Ridiman-Damis to go to a higher court that had jurisdiction,
[01:37:32.200 --> 01:37:33.520]  and that's exactly what I did.
[01:37:33.520 --> 01:37:41.320]  I wrote out a very simple, did some research and wrote out a very simple, but clear, Ridiman-Damis
[01:37:41.320 --> 01:37:45.360]  took it to district court.
[01:37:45.360 --> 01:37:52.480]  Right before a, what they call a duty judge, visiting judge.
[01:37:52.480 --> 01:37:59.320]  And this is where everything got tricky, and that's why I'm calling you, because we had
[01:37:59.320 --> 01:38:12.600]  a hearing September 7th before this duty judge, and the attorney general made an appearance
[01:38:12.600 --> 01:38:16.160]  for the state agency.
[01:38:16.160 --> 01:38:25.880]  And long story short, everything lasted about 15 minutes before the judge denied my Ridiman-Damis.
[01:38:25.880 --> 01:38:28.880]  And this is where I made some fundamental mistakes.
[01:38:28.880 --> 01:38:39.520]  After the hearing was over, I walked out of the court without getting any transcripts.
[01:38:39.520 --> 01:38:40.760]  That's a bad mistake.
[01:38:40.760 --> 01:38:47.920]  I later found out that the court reporter was present, but their rules say that if you
[01:38:47.920 --> 01:38:55.040]  want a transcript of any hearing, you have to request it.
[01:38:55.040 --> 01:38:59.120]  And I guess you have to make that in writing.
[01:38:59.120 --> 01:39:00.840]  That was another fundamental mistake.
[01:39:00.840 --> 01:39:06.680]  I didn't do that, because all my focus was on trying to make sure that this Ridiman-Damis
[01:39:06.680 --> 01:39:18.320]  was clear, simple, and what my next move after it was denied was I filed an appeal, third
[01:39:18.320 --> 01:39:22.160]  court appeal here in Texas.
[01:39:22.160 --> 01:39:32.040]  And three days after it was filed, they notified me that I, again, had made some fundamental
[01:39:32.040 --> 01:39:33.040]  mistakes.
[01:39:33.040 --> 01:39:40.720]  The most very fundamental one was they said that I did not implicate who the district
[01:39:40.720 --> 01:39:45.160]  judge was that denied my motion for a Ridiman-Damis.
[01:39:45.160 --> 01:39:46.160]  That was true.
[01:39:46.160 --> 01:39:50.440]  Again, everything was moving kind of fast.
[01:39:50.440 --> 01:39:51.440]  Not making excuses.
[01:39:51.440 --> 01:39:54.200]  I listened to you long enough that I should have.
[01:39:54.200 --> 01:39:57.560]  No, no, hold on, hold on.
[01:39:57.560 --> 01:40:05.560]  You can listen to me a hundred times, and when you walk into that court the first time,
[01:40:05.560 --> 01:40:12.200]  you're going to make the same kind of fundamental mistakes that I've made.
[01:40:12.200 --> 01:40:19.960]  You don't really think I got to be able to do this by not making any mistakes, do you?
[01:40:19.960 --> 01:40:22.080]  I've been exactly where you are.
[01:40:22.080 --> 01:40:27.120]  I've made exactly the same kinds of errors.
[01:40:27.120 --> 01:40:33.040]  I appealed to the court of appeals, and they threw out my appeal because I didn't get them
[01:40:33.040 --> 01:40:35.560]  the transcripts in time.
[01:40:35.560 --> 01:40:45.320]  Gosh, golly darn, so yeah, we, okay, why I sit here smiling big time while you're talking
[01:40:45.320 --> 01:40:54.840]  about this, because I've learned to look at these things from another perspective.
[01:40:54.840 --> 01:40:59.360]  You'll never win your case simply because you have the law and the facts on your side.
[01:40:59.360 --> 01:41:02.440]  It's not about the law and the facts.
[01:41:02.440 --> 01:41:06.840]  It's not about the fact that you may have made some fundamental errors.
[01:41:06.840 --> 01:41:14.000]  It's about the fact that you stuck your boot right up their behinds, and you let them know
[01:41:14.000 --> 01:41:17.520]  for certain, you want to screw with me, Bella?
[01:41:17.520 --> 01:41:23.400]  I'm going to take you up the line to some people who have the power to work you over.
[01:41:23.400 --> 01:41:28.080]  Okay, I didn't get it quite right this time.
[01:41:28.080 --> 01:41:30.920]  You pull that on me again, we'll see how that works for you.
[01:41:30.920 --> 01:41:33.200]  It's all about the politics.
[01:41:33.200 --> 01:41:38.240]  It doesn't matter if you got everything right or not.
[01:41:38.240 --> 01:41:43.720]  You let them know that you will hold them to law.
[01:41:43.720 --> 01:41:50.280]  And I can almost assure you, this administrative judge, he is not going to want the attorney
[01:41:50.280 --> 01:41:57.880]  general to have to come into a higher court to defend what he's doing.
[01:41:57.880 --> 01:42:04.680]  And the attorney general and everybody else is not going to be happy having to do this.
[01:42:04.680 --> 01:42:11.680]  They're going to go back to this guy and tell him, don't let this happen again.
[01:42:11.680 --> 01:42:17.320]  Rodney, were you ever in the military?
[01:42:17.320 --> 01:42:22.000]  No, no, but I come from a military family.
[01:42:22.000 --> 01:42:29.600]  Then you understand the principle of poop rolling downhill.
[01:42:29.600 --> 01:42:30.600]  I do.
[01:42:30.600 --> 01:42:37.120]  So all you have to do is create this little gob of it somewhere and give it a little kick
[01:42:37.120 --> 01:42:41.280]  over the head of the highest guy you can find.
[01:42:41.280 --> 01:42:45.560]  And when it starts rolling downhill, by the time it gets to the guy at the bottom, they
[01:42:45.560 --> 01:42:48.840]  don't care what he did.
[01:42:48.840 --> 01:42:57.840]  All they know is, all his boss knows is his boss and his boss's boss and his boss's
[01:42:57.840 --> 01:43:05.120]  boss's boss are all upset because they have to deal with this and you caused it.
[01:43:05.120 --> 01:43:08.520]  So I think you did extremely well.
[01:43:08.520 --> 01:43:14.560]  Well, let me share with you just a few more little details.
[01:43:14.560 --> 01:43:25.000]  We actually had the hearing and because I was denied access to files that have been
[01:43:25.000 --> 01:43:33.000]  created by this agency that was trying to help supposedly, I wasn't able to present
[01:43:33.000 --> 01:43:34.000]  the case.
[01:43:34.000 --> 01:43:36.280]  There's some music playing there, Randy.
[01:43:36.280 --> 01:43:37.280]  Yeah, there we go.
[01:43:37.280 --> 01:43:41.960]  The clock came back on, so I was just about to interrupt.
[01:43:41.960 --> 01:43:42.960]  Thank you, Rodney.
[01:43:42.960 --> 01:43:50.200]  This is Randy Kelton, rule of law radio, I call it number 512-646-1984.
[01:43:50.200 --> 01:44:00.760]  We'll be right back.
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[01:46:05.560 --> 01:46:34.880]  Thank you, Rodney, because I had my clock, it came back up and I could see the time, but
[01:46:34.880 --> 01:46:38.480]  I did not hear that music at all.
[01:46:38.480 --> 01:46:40.240]  Okay.
[01:46:40.240 --> 01:46:44.480]  You were telling us some other things that occurred.
[01:46:44.480 --> 01:46:47.600]  Yes, more supporting details here.
[01:46:47.600 --> 01:46:51.720]  We had the hearing and- Okay, hold on, hold on.
[01:46:51.720 --> 01:46:52.720]  The hearing.
[01:46:52.720 --> 01:46:56.320]  Are you talking about the administrative hearing or the administrative hearing?
[01:46:56.320 --> 01:47:00.400]  We actually had the, yeah, we had the administrative hearing.
[01:47:00.400 --> 01:47:08.280]  That was the one that I was trying to get an emergency injunction to stop it by the
[01:47:08.280 --> 01:47:11.520]  district court judge, but that was denied.
[01:47:11.520 --> 01:47:22.040]  So I moved forward with the actual administrative hearing and I got there and the services that
[01:47:22.040 --> 01:47:29.440]  I was seeking through the state agency, they had been denied me.
[01:47:29.440 --> 01:47:32.680]  That was why it was challenging and there was an administrative hearing.
[01:47:32.680 --> 01:47:37.720]  Well, they got there and they, nobody had any evidence to present.
[01:47:37.720 --> 01:47:40.120]  I had no evidence because my hands were tied.
[01:47:40.120 --> 01:47:47.920]  I couldn't access any records that they required to turn over to me, but they didn't.
[01:47:47.920 --> 01:47:56.560]  So the administrative hearing officer is like, in 30 years, I'm paraphrasing her.
[01:47:56.560 --> 01:48:02.920]  He said, I've been doing this for 30 years and this is the first time I've ever had an
[01:48:02.920 --> 01:48:07.120]  administrative hearing for both parties.
[01:48:07.120 --> 01:48:15.480]  State agency and appellate showed up and nobody had any evidence.
[01:48:15.480 --> 01:48:22.760]  So I spoke with an attorney, I paid, and he said, there should have been a rehearing.
[01:48:22.760 --> 01:48:30.120]  I mean, you can't not have people's services and show up at a hearing and you don't give
[01:48:30.120 --> 01:48:37.840]  a reason for denying them these services.
[01:48:37.840 --> 01:48:43.000]  But in any event, that's what happened at the administrative hearing.
[01:48:43.000 --> 01:48:51.880]  And again, I made fundamental mistakes because I didn't object, well, I did object at a pre-hearing,
[01:48:51.880 --> 01:48:55.960]  but that all fell on deaf ears.
[01:48:55.960 --> 01:49:02.080]  And so that's why everything ended up at the third court of appeal where I'm now thinking
[01:49:02.080 --> 01:49:05.680]  about following the motion to reconsider.
[01:49:05.680 --> 01:49:14.480]  But I'm in a situation right now where anywhere the hearing that I had in district court about
[01:49:14.480 --> 01:49:19.600]  the writ of mandamus, when that was denied, there was supposed to be an order signed by
[01:49:19.600 --> 01:49:20.600]  the judge.
[01:49:20.600 --> 01:49:27.040]  So I went back to the district court this week to see if the judge would sign an order
[01:49:27.040 --> 01:49:28.040]  that I prepared.
[01:49:28.040 --> 01:49:33.160]  Very, very simple, just stating that I was there in the court this day, this time, who
[01:49:33.160 --> 01:49:37.400]  the parties were, what the issue was involved.
[01:49:37.400 --> 01:49:42.120]  And they're telling me that because he was just a visiting judge and a duty judge, they
[01:49:42.120 --> 01:49:47.960]  don't know when this judge will be able to sign this order.
[01:49:47.960 --> 01:49:55.720]  And I kind of need that in order for me to turn over this information to the third court
[01:49:55.720 --> 01:49:56.720]  of appeal.
[01:49:56.720 --> 01:49:57.720]  Okay.
[01:49:57.720 --> 01:49:58.720]  Hold on.
[01:49:58.720 --> 01:50:04.040]  You might want to ask for a reconsideration.
[01:50:04.040 --> 01:50:09.080]  That's generally a requirement.
[01:50:09.080 --> 01:50:14.600]  You want to prepare, essentially you prepare your appeal.
[01:50:14.600 --> 01:50:20.840]  You say to this judge, this is what you should have ruled and this is why you should have
[01:50:20.840 --> 01:50:23.080]  ruled that way.
[01:50:23.080 --> 01:50:27.880]  And you erred in not ruling that way and asked the judge to reconsider.
[01:50:27.880 --> 01:50:33.720]  She may actually do that in this case because both parties came to the table with no information.
[01:50:33.720 --> 01:50:39.120]  And if I got your side right, you didn't have information because the information that was
[01:50:39.120 --> 01:50:42.720]  required to be produced for you from the agency wasn't produced.
[01:50:42.720 --> 01:50:43.720]  Is that correct?
[01:50:43.720 --> 01:50:44.720]  Yeah.
[01:50:44.720 --> 01:50:48.280]  Let me say this.
[01:50:48.280 --> 01:50:57.400]  What happened was they claimed that they made an attempt to give it to me, but I asked them
[01:50:57.400 --> 01:51:07.120]  to authenticate those documents because I had them turn some documents over to me that
[01:51:07.120 --> 01:51:08.120]  was erroneous.
[01:51:08.120 --> 01:51:15.720]  This was something that happened before and it had other people's information there.
[01:51:15.720 --> 01:51:21.400]  It was supposed to be a file, but it was full of erroneous information.
[01:51:21.400 --> 01:51:31.920]  So I asked them to authenticate those records and they refused to do it.
[01:51:31.920 --> 01:51:35.400]  These are grounds for a rehearing.
[01:51:35.400 --> 01:51:42.240]  You might petition for reconsideration and ask the judge, the administrative hearing
[01:51:42.240 --> 01:51:48.840]  officer to order these guys to provide you with authenticated documentation.
[01:51:48.840 --> 01:51:52.640]  This is perfect for appeal.
[01:51:52.640 --> 01:51:59.680]  So you're there with no information because the other side refused to produce the information.
[01:51:59.680 --> 01:52:09.480]  Well, and it's right there in the administrative code, it says that really in this situation,
[01:52:09.480 --> 01:52:16.440]  the hearing officer did not have to have any motion to compel discovery of these documents.
[01:52:16.440 --> 01:52:23.080]  They were supposed to automatically turn these documents over to me when I verbally asked
[01:52:23.080 --> 01:52:25.520]  for them and they didn't.
[01:52:25.520 --> 01:52:32.400]  So that's when I made that motion to compel them to give me these documents, but they
[01:52:32.400 --> 01:52:35.320]  still didn't do it.
[01:52:35.320 --> 01:52:44.980]  So long story short, I wasn't thinking my mind has kind of been going here and there,
[01:52:44.980 --> 01:52:47.600]  but you're right about the motion to reconsider.
[01:52:47.600 --> 01:52:54.520]  I hadn't done that yet, but how do I clean up the mess with this district court judge
[01:52:54.520 --> 01:52:56.960]  who chooses to do anything?
[01:52:56.960 --> 01:53:05.920]  His last words to me in district court was, until you go through this complete due process
[01:53:05.920 --> 01:53:12.480]  with this hearing officer, I'm going to deny your writ of mandamus.
[01:53:12.480 --> 01:53:18.360]  And I thought the purpose of the writ of mandamus is when there was oversight or a lower court
[01:53:18.360 --> 01:53:25.400]  wasn't adhering to the law and you requested a writ of mandamus, that that was the purpose
[01:53:25.400 --> 01:53:29.560]  of the higher court was to make the lower court adhere to the law.
[01:53:29.560 --> 01:53:38.280]  That was exactly what the purpose was, and this is how you learn how to do this.
[01:53:38.280 --> 01:53:45.800]  His ruling should have gotten a motion for reconsideration and then an appeal.
[01:53:45.800 --> 01:53:50.680]  And once you appeal it out of his court to the court of appeals, then you'll get yourself
[01:53:50.680 --> 01:53:53.720]  a good ruling.
[01:53:53.720 --> 01:54:01.920]  So now you can go to the court of appeals with a writ of mandamus, asking the court
[01:54:01.920 --> 01:54:08.600]  of appeals to order this judge to sign your order on his ruling so that you can appeal
[01:54:08.600 --> 01:54:09.600]  it.
[01:54:09.600 --> 01:54:10.600]  Amen.
[01:54:10.600 --> 01:54:19.440]  Now that the picture is clear, this is why I appreciate listening to your program and
[01:54:19.440 --> 01:54:25.840]  getting this timely advice because the third court of appeal, they kind of gave me the
[01:54:25.840 --> 01:54:26.840]  key.
[01:54:26.840 --> 01:54:32.080]  They said, look, we have no jurisdiction over hearing officers, but we do have jurisdiction
[01:54:32.080 --> 01:54:40.880]  over county judges and district judges, but they said, Mr. So-and-so, you didn't implicate
[01:54:40.880 --> 01:54:41.880]  this.
[01:54:41.880 --> 01:54:42.880]  I'm paraphrasing.
[01:54:42.880 --> 01:54:50.240]  They said, you did not implicate any county or district judge here, so we dismiss this.
[01:54:50.240 --> 01:54:55.040]  And I was told by an attorney that I could refile it.
[01:54:55.040 --> 01:54:57.680]  I have to ask for a motion for reconsideration.
[01:54:57.680 --> 01:55:00.240]  So is that true?
[01:55:00.240 --> 01:55:03.560]  Okay, this is how it works.
[01:55:03.560 --> 01:55:12.080]  If a judge makes a mistake, the courts presume that the mistake is an honest mistake.
[01:55:12.080 --> 01:55:20.720]  So before you can appeal, you have a duty to give the judge a notice of what you perceive
[01:55:20.720 --> 01:55:27.160]  to be an error that he made and give him opportunity to correct it.
[01:55:27.160 --> 01:55:32.760]  So essentially what you do is you write your appeal.
[01:55:32.760 --> 01:55:39.120]  Now when you're writing a motion for reconsideration, you're writing the appeal, but it doesn't
[01:55:39.120 --> 01:55:46.760]  have to be as technically correct as the appeal you would file in the appellate court.
[01:55:46.760 --> 01:55:48.960]  So it kind of gives you some practice.
[01:55:48.960 --> 01:55:56.200]  So you say, here are the facts, here is the law as it applies to those facts, and this
[01:55:56.200 --> 01:56:02.000]  is the way you should have applied the law, and this is the decision you should have made,
[01:56:02.000 --> 01:56:05.960]  and ask him to reconsider the case and make this decision.
[01:56:05.960 --> 01:56:12.320]  Well, he's almost always going to deny your motion for reconsideration because you're
[01:56:12.320 --> 01:56:17.760]  telling him that he screwed up and they'll always claim that he didn't screw up, but
[01:56:17.760 --> 01:56:23.480]  it gets your appeal two-thirds of the way done.
[01:56:23.480 --> 01:56:30.000]  And then once he denies it or rules whatever he's going to rule, he may actually re-hear,
[01:56:30.000 --> 01:56:32.200]  but very unlikely.
[01:56:32.200 --> 01:56:38.760]  Then you can take your motion for reconsideration and just make some adjustments to it and file
[01:56:38.760 --> 01:56:41.840]  it right into the appeals court.
[01:56:41.840 --> 01:56:43.560]  Right.
[01:56:43.560 --> 01:56:52.120]  So basically I was a little bit sarcastic with one of the clerks, the law clerk for
[01:56:52.120 --> 01:56:53.120]  this judge.
[01:56:53.120 --> 01:56:58.680]  He said, well, it looks like you've got the judge has denied your motion and you've got
[01:56:58.680 --> 01:57:02.840]  to go through your entire administrative hearing.
[01:57:02.840 --> 01:57:09.280]  And I'm like, well, that's kind of like squeezing the toothpaste out of the tube and trying
[01:57:09.280 --> 01:57:14.760]  to put it back in because the administrative hearing is already a mess.
[01:57:14.760 --> 01:57:22.080]  And that's why I was asking for the mandamus, but of course, their minds are trained to
[01:57:22.080 --> 01:57:28.480]  do things a certain way and it was just like I was speaking into the air.
[01:57:28.480 --> 01:57:38.960]  And part of the problem in the courts is you have to give the court something he can work
[01:57:38.960 --> 01:57:42.040]  with.
[01:57:42.040 --> 01:57:49.080]  I sat in as a judge in a mock trial once in Massachusetts and this was a friend of mine
[01:57:49.080 --> 01:57:54.880]  who was being prosecuted by the state of Pennsylvania and we had a mock jury that they had just
[01:57:54.880 --> 01:57:59.680]  pulled people in off the street and got them to agree to sit in this mock jury.
[01:57:59.680 --> 01:58:05.280]  Nobody knew him and I'm sitting up there as the judge and he's coming up making all of
[01:58:05.280 --> 01:58:09.080]  these patriot mythology arguments.
[01:58:09.080 --> 01:58:13.840]  And I'm really getting frustrated because I'm thinking, Danny, you're going to go to
[01:58:13.840 --> 01:58:14.840]  jail.
[01:58:14.840 --> 01:58:19.240]  You're not giving me any facts in law that I can rule on.
[01:58:19.240 --> 01:58:24.400]  And I was really frustrated and I suspect judges get frustrated.
[01:58:24.400 --> 01:58:25.800]  We'll pick this up when we come back.
[01:58:25.800 --> 01:58:32.920]  This is Randy Kelton, Rule of Law Radio, our call in number 512-646-1984.
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