ROL_2016-10-28_16k_Hr1-2.timecode
[00:00.000 --> 00:05.960] The following news flash is brought to you by the Lone Star Lowdown, providing the jelly
[00:05.960 --> 00:08.160] bulletins for the commodities market.
[00:08.160 --> 00:17.680] Today in history, news updates and the inside scoop into the tides of the alternative.
[00:17.680 --> 00:24.240] Markets for Wednesday the 26th of October 2016 are currently treading with gold at $1,266.33
[00:24.240 --> 00:31.480] an ounce, silver $17.63 an ounce, Texas crude $49.96 a barrel, and Bitcoin is currently
[00:31.480 --> 00:39.880] sitting at about $675 U.S. currency.
[00:39.880 --> 00:45.160] Today in history, the year 2001, then President George W. Bush signs into law the United
[00:45.160 --> 00:49.720] and Strengthening America by providing appropriate tools required to intercept an obstruct terrorism
[00:49.720 --> 00:55.360] act or the USA PATRIOT Act into law with controversial provisions concerning surveillance procedures
[00:55.360 --> 01:00.240] and gathering, anti-money laundering and business records, removing obstacles to investigating
[01:00.240 --> 01:04.680] terrorism by consolidating agencies and contentious interrogation techniques.
[01:04.680 --> 01:08.480] Perhaps the biggest concern raised from civil rights groups was the rapidness in which the
[01:08.480 --> 01:14.360] 342 page bill was written up, read and passed by Congress and then signed into law a little
[01:14.360 --> 01:17.960] over a month after the September 11 terrorist attacks.
[01:17.960 --> 01:26.080] Today in history, in recent years, NATO's biggest military proliferation on Russia's
[01:26.080 --> 01:30.640] border since the Cold War is underway with Great Britain announcing Wednesday today that
[01:30.640 --> 01:34.760] it is planning on sending fighter jets to Romania next year and the United States has
[01:34.760 --> 01:39.380] vowed troops, tanks and artillery to Poland, along with Germany, Canada and other NATO
[01:39.380 --> 01:43.920] allies also pledging forces at a defense ministers meeting in Brussels.
[01:43.920 --> 01:48.240] Meanwhile, two Russian warships entered the Baltic Sea between Sweden and Denmark and
[01:48.240 --> 01:50.480] are said to be armed with cruise missiles.
[01:50.480 --> 01:54.480] The ships were part of an eight ship carrier battle group, including Russia's one and
[01:54.480 --> 01:59.120] only aircraft carrier, the Admiral Kuznestov, which is expected to join around 10 other
[01:59.120 --> 02:02.080] Russian vessels already off the Syrian coast.
[02:02.080 --> 02:07.640] We hope and pray these Russian NATO escalations over engagement in Syria are soon deescalated
[02:07.640 --> 02:09.560] and a resolve is figured out.
[02:09.560 --> 02:17.360] Our thoughts and prayers also go out to the people of Syria as well.
[02:17.360 --> 02:19.460] Early voting started Monday in Texas.
[02:19.460 --> 02:21.640] Record turnout is being recorded in many counties.
[02:21.640 --> 02:25.680] However, some individual voters have been calling foul when voting straight ticket,
[02:25.680 --> 02:29.280] claiming that the voting machines are leaving the presidential bid unchecked when a straight
[02:29.280 --> 02:31.600] vote for the Republican Party is placed.
[02:31.600 --> 02:35.320] Reminds me of what Joseph Stalin said when he said that it wasn't who voted that counted,
[02:35.320 --> 02:37.000] but who counted the votes.
[02:37.000 --> 02:41.560] Early voting in Texas ends four days before the election, so get out there and vote nobody
[02:41.560 --> 02:42.560] for president.
[02:42.560 --> 02:43.560] The Lone Star Lowdown is currently looking for sponsors.
[02:43.560 --> 02:48.560] If you have a product or a service you'd like to advertise with us, feel free to give me
[02:48.560 --> 02:49.560] a call at 2-1-0-363-2257.
[02:49.560 --> 03:10.920] This is Rick Roady with your Lowdown for October 26, 2016.
[03:10.920 --> 03:23.080] Okay, howdy, howdy.
[03:23.080 --> 03:32.280] This is Ray DeKalcom from the Root of Raw Radio on this Friday, the 28th day of October
[03:32.280 --> 03:37.200] 2016.
[03:37.200 --> 03:38.440] And the phone lines are open.
[03:38.440 --> 03:40.800] We'll keep them open all night.
[03:40.800 --> 03:47.720] I have been working on the e-book.
[03:47.720 --> 03:54.320] Today I was working on the Kids For Rules.
[03:54.320 --> 03:57.720] And it's always interesting when you start developing these things out.
[03:57.720 --> 04:08.200] One of the things that's happening as I develop this book out is everything begins to really
[04:08.200 --> 04:12.520] fit together nicely.
[04:12.520 --> 04:26.480] And this whole thing about politics, perception, and negotiation, we spend quite a bit of time
[04:26.480 --> 04:31.080] talking about how everything is political.
[04:31.080 --> 04:38.400] And the more I work with it, the more profound that part of what we're trying to present
[04:38.400 --> 04:40.360] here becomes.
[04:40.360 --> 04:49.320] I know when I started out researching law, I did so from the presumption that the law
[04:49.320 --> 04:52.520] applied.
[04:52.520 --> 04:54.720] In fact, it does.
[04:54.720 --> 04:58.120] It's just that it doesn't really count so much as I thought it did.
[04:58.120 --> 05:03.200] You know, we have a lot of guys in the legal reform movement, Ralph Winterwood and others,
[05:03.200 --> 05:07.360] who say the law doesn't apply.
[05:07.360 --> 05:11.360] And we have others that say everything's contracted.
[05:11.360 --> 05:12.360] I'm an engineer.
[05:12.360 --> 05:16.360] I don't know about all that stuff.
[05:16.360 --> 05:20.880] The courts treat the statutes as if they apply.
[05:20.880 --> 05:21.960] So that's okay with me.
[05:21.960 --> 05:24.840] I can deal with that.
[05:24.840 --> 05:35.720] But as I look at the actual adjudication of law, it seems kind of clear that the law,
[05:35.720 --> 05:43.000] it's only a way of kind of keeping our focus and direction.
[05:43.000 --> 05:49.120] The judges pretty well do what they want to.
[05:49.120 --> 05:56.080] They have carved out immunity for themselves so that they can't be sued for what they do.
[05:56.080 --> 06:03.880] So they can literally act capriciously and arbitrarily and do whatever they want to.
[06:03.880 --> 06:07.320] And sometimes the parties will appeal.
[06:07.320 --> 06:09.760] Sometimes they won't.
[06:09.760 --> 06:13.800] Sometimes the appeals court will turn them over or turn over their cases.
[06:13.800 --> 06:16.360] Sometimes they won't.
[06:16.360 --> 06:18.920] It's really arbitrary.
[06:18.920 --> 06:26.800] But the more we look at it, it becomes clear that it's not quite so arbitrary as it appears
[06:26.800 --> 06:35.120] on the surface, though there are other factors at work.
[06:35.120 --> 06:41.880] And they're not part of some grand conspiracy for the most part.
[06:41.880 --> 06:47.880] Like Ken Manson likes to call it just ordinary everyday corruption.
[06:47.880 --> 06:54.360] And the more I look at it, the less I see it as corruption and the more I see it as
[06:54.360 --> 06:58.440] the nature of the human animal.
[06:58.440 --> 07:07.120] And one of the things that stands out that everybody should understand about human beings.
[07:07.120 --> 07:18.880] Now, I don't know if God created man, but if he did, he created us horribly flawed.
[07:18.880 --> 07:26.440] And from my reading of the Christian Bible, I get the impression he did that on purpose,
[07:26.440 --> 07:32.560] that he intended that we be horribly flawed because we weren't put here for things to
[07:32.560 --> 07:33.560] be easy.
[07:33.560 --> 07:42.760] We were put here to learn and to grow and basically all of the religions of the world
[07:42.760 --> 07:52.720] at their root claim that our purpose for being here is growth, growth in the spirit.
[07:52.720 --> 08:03.360] So the other thing he did to us, you know, tigers are solitary hunters.
[08:03.360 --> 08:07.600] Hunters will raise their cubs for two years and then they cast them out.
[08:07.600 --> 08:12.320] Subsequent to that, if the cub comes into the hunting range of the mother, the mother
[08:12.320 --> 08:16.720] will attack the cub.
[08:16.720 --> 08:20.800] Humans aren't solitary hunters, humans herd.
[08:20.800 --> 08:30.640] We have an exceptionally strong genetic imperative to herd together, together, together in groups.
[08:30.640 --> 08:36.200] You take any group of human beings and put them together and they'll separate into cliques,
[08:36.200 --> 08:37.920] into factions.
[08:37.920 --> 08:49.000] It is in our nature, the Christian belief system broke into the Methodists and the Catholics.
[08:49.000 --> 08:56.520] The Methodists broke into the Lutherans, the Baptists and on and on and the Baptists.
[08:56.520 --> 09:01.960] The Baptists broke into the Southern Baptists, the missionary Baptists and then even amongst
[09:01.960 --> 09:06.960] each one of those groups, they all break down into smaller and smaller factions.
[09:06.960 --> 09:15.920] And even when you get right down to the church, the church has factions within the church.
[09:15.920 --> 09:21.640] We gather together in groups of smaller and smaller delineations.
[09:21.640 --> 09:27.520] It is in our nature.
[09:27.520 --> 09:35.480] When you as a pro se litigant walk into the courthouse, you are not a member of the herd.
[09:35.480 --> 09:42.200] Well, you're a member of the general overall larger herd.
[09:42.200 --> 09:53.400] If you and the judge wind up in India on vacation, now you're a part of the same group.
[09:53.400 --> 10:00.120] But when you come back to the United States, you're not in any way connected to the judge.
[10:00.120 --> 10:06.280] When you walk into the courthouse, especially as a pro se litigant, you are totally outside
[10:06.280 --> 10:08.720] the clique.
[10:08.720 --> 10:14.120] You're not part of the good old boys group.
[10:14.120 --> 10:19.040] And you know, I get a lot of complaining about that, but the more I look at it, it's not
[10:19.040 --> 10:22.640] that that is a problem.
[10:22.640 --> 10:25.640] It's merely a parameter.
[10:25.640 --> 10:32.960] Once we understand that that is going on, then these are just factors we need to deal
[10:32.960 --> 10:37.840] with and there are some very effective ways of dealing with those.
[10:37.840 --> 10:43.520] And those who've been listening to the show for a while know that over time, I've worked
[10:43.520 --> 10:54.960] on these guys quite a bit and I've worked out some ideas and methods of how to approach
[10:54.960 --> 10:59.440] the court as a pro se litigant.
[10:59.440 --> 11:04.840] One of the metaphors that I use is a four sided chessboard.
[11:04.840 --> 11:13.200] When you walk into a courtroom, it's like you're sitting down at a four sided chessboard.
[11:13.200 --> 11:18.040] You're sitting there on one side, the judge is sitting across from you.
[11:18.040 --> 11:22.880] To your right is your counsel, to your left is opposing counsel.
[11:22.880 --> 11:30.640] Now, you have a relationship with your lawyer because you're paying it and he's supposed
[11:30.640 --> 11:33.120] to be working for you.
[11:33.120 --> 11:39.000] Your lawyer has a relationship with opposing counsel and with the judge because he's in
[11:39.000 --> 11:44.100] front of the judge all the time and he's across from the other lawyer and sometimes he works
[11:44.100 --> 11:45.760] with the other lawyer.
[11:45.760 --> 11:49.760] They're in the same profession, they work in the same courthouse, they work with one
[11:49.760 --> 11:51.440] another all the time.
[11:51.440 --> 11:59.320] So they all have relationships and you're the odd one out.
[11:59.320 --> 12:08.040] Now they all have relationships and it is important to them that they protect and maintain
[12:08.040 --> 12:09.920] those relationships.
[12:09.920 --> 12:14.520] They're politically important to each one of them.
[12:14.520 --> 12:18.360] Even the judge needs to maintain political relationships with these lawyers if he wants
[12:18.360 --> 12:23.280] to get elected next time because the biggest influence toward his election is going to
[12:23.280 --> 12:26.480] be lawyers.
[12:26.480 --> 12:33.460] You're the odd one out, you're not a member of their group, you're not one of the good
[12:33.460 --> 12:43.640] old boys and frankly I think that's a good thing because you don't have a political position
[12:43.640 --> 12:44.640] to protect.
[12:44.640 --> 12:59.120] You're the gadfly and you can use the political structure to your advantage but it takes some
[12:59.120 --> 13:02.420] initial setup.
[13:02.420 --> 13:09.160] We need to rearrange the way we think about some of the things we think about especially
[13:09.160 --> 13:12.640] as it concerns the courts.
[13:12.640 --> 13:20.240] The first thing we need to understand is that when you walk into a courthouse as a pro se
[13:20.240 --> 13:24.920] litigant, you wear two hats.
[13:24.920 --> 13:28.520] When the judge walks in the courtroom, he wears two hats.
[13:28.520 --> 13:32.840] He wears a judge's hat and he wears a magistrate's hat.
[13:32.840 --> 13:39.520] You wear two hats, you wear a litigant's hat and you wear the hat of the master.
[13:39.520 --> 13:45.240] All of these officials in the courthouse are public servants.
[13:45.240 --> 13:49.520] They are the servants, you are the master.
[13:49.520 --> 13:58.040] That puts you in a position outside the politics, outside the good old boy group and if you
[13:58.040 --> 14:02.640] do it right, it puts you a step above it.
[14:02.640 --> 14:13.160] The way you establish that and what I have found that works extremely well is that you
[14:13.160 --> 14:21.640] establish for yourself an ultimate outcome.
[14:21.640 --> 14:27.160] If you're in litigation in a court, I would suggest that you establish an ultimate outcome
[14:27.160 --> 14:32.080] beyond the adjudication of your case.
[14:32.080 --> 14:40.720] When I go in to adjudicate a case, whether I'm a party or not, whether I pick the fight
[14:40.720 --> 14:54.120] or not, excuse me, I'm having a little voice issue today, excuse me if I cough a little
[14:54.120 --> 14:55.800] bit.
[14:55.800 --> 14:59.280] I always have a little trouble pushing sound out, I'm just having a little more trouble
[14:59.280 --> 15:00.280] today than usual.
[15:00.280 --> 15:10.640] But anyway, when I go into a court, I have an intended ultimate outcome in mind and it
[15:10.640 --> 15:15.200] always set an outcome that's beyond the scope of the court.
[15:15.200 --> 15:24.520] For instance, if I go in with a ticket, my outcome is to force the court to adjudicate
[15:24.520 --> 15:27.280] the law as it is written.
[15:27.280 --> 15:35.800] Sure, I want to win my case, but first I want the court to follow the law as it's written.
[15:35.800 --> 15:43.080] If it doesn't, then I'm prepared to take them to a higher level tribunal, either a higher
[15:43.080 --> 15:46.280] court or grand jury.
[15:46.280 --> 15:51.200] I'm always prepared to take my public officials to the grand jury and that's in my capacity
[15:51.200 --> 15:53.240] as the master.
[15:53.240 --> 16:02.360] In my capacity as the litigant, it is my purpose to ensure that the law is followed and when
[16:02.360 --> 16:07.720] they don't follow the law, then I want to take them to a higher court to have that higher
[16:07.720 --> 16:12.360] court come down and rule on their behavior.
[16:12.360 --> 16:21.140] Now that sets me outside their politics, I really don't care about their politics.
[16:21.140 --> 16:31.920] So when they render a ruling that is not in keeping with standing law, since I have an
[16:31.920 --> 16:41.880] outcome of showing the higher courts how these lower courts are ignoring law, then that works
[16:41.880 --> 16:42.880] in to my benefit.
[16:42.880 --> 16:48.880] And about to go to break, I'll pick this up on the other side, Randy Kelton, rule of law
[16:48.880 --> 17:00.360] call in number 512-646-1984, we'll be right back.
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[19:08.160 --> 19:22.480] Okay, we are back, Randy Kelton, with our radio on this Friday, the 28th day of October
[19:22.480 --> 19:34.480] 2016, and I'm talking about politics and how everything in the court is ruled by politics.
[19:34.480 --> 19:41.960] And the reason I wanted to go to this issue of setting a specific goal.
[19:41.960 --> 19:48.720] You set a specific goal, and you have a purpose beyond the court.
[19:48.720 --> 19:52.720] And this is more important than readily apparent.
[19:52.720 --> 20:00.320] The courts are very accustomed to dealing with individuals who are in crisis.
[20:00.320 --> 20:05.320] They come to the court to settle problems and issues they can't get settled on their
[20:05.320 --> 20:07.240] own.
[20:07.240 --> 20:14.760] So most people are in need of something from the court.
[20:14.760 --> 20:18.640] When you set a goal beyond this court, now you're not in need of something from the court.
[20:18.640 --> 20:24.320] So when the court rules against you, the first thing we talk about here is you never expect
[20:24.320 --> 20:25.920] to win in the trial court.
[20:25.920 --> 20:29.440] The only purpose in the trial court is to set the record for appeal.
[20:29.440 --> 20:36.880] And the primary reason I talk about that is we want to get you immune from the shenanigans
[20:36.880 --> 20:39.800] of the judge.
[20:39.800 --> 20:49.080] The judge and the prosecutor or attorney on the other side, they're very good at betraying
[20:49.080 --> 20:57.040] you, at getting you to become emotionally involved in the case so that you tend to lose
[20:57.040 --> 21:04.700] your professional perspective, makes you a lot easier to handle.
[21:04.700 --> 21:12.960] When you set a goal beyond this court, beyond the scope of this court, then when they do
[21:12.960 --> 21:18.200] those kinds of rulings, they look at you and you don't react and respond the way you're
[21:18.200 --> 21:21.160] supposed to.
[21:21.160 --> 21:24.400] Now if this is done right, it's subtle.
[21:24.400 --> 21:30.520] They don't, you don't say anything that tells them why you're not responding right.
[21:30.520 --> 21:34.160] You're just not reacting the way they expect you to.
[21:34.160 --> 21:43.320] In psychology, this is about making someone's expectation come false.
[21:43.320 --> 21:50.280] We've all had the experience of something happened, happening that's totally unexpected
[21:50.280 --> 21:54.320] and we're just stopped in our tracks.
[21:54.320 --> 21:55.320] Everything stops.
[21:55.320 --> 21:56.320] You're walking up a set of steps.
[21:56.320 --> 22:01.040] You've got books in your hand and you're talking to somebody else and somebody has
[22:01.040 --> 22:07.000] put a quarter inch of plywood on one of the steps and then they've covered it over with
[22:07.000 --> 22:08.000] carpet.
[22:08.000 --> 22:13.480] You can't see it, but when you step from one step to the next, your foot will not land
[22:13.480 --> 22:20.360] exactly where you expected it to and bam, pattern interruption.
[22:20.360 --> 22:22.220] Everything that was going on is stopped.
[22:22.220 --> 22:28.480] Your whole attention is focused toward that footfall that wasn't correct and you look
[22:28.480 --> 22:32.520] down and realize that it's okay, somebody just put something on the step and you go
[22:32.520 --> 22:35.280] back to what you're doing.
[22:35.280 --> 22:41.720] Pattern interruptions, pattern interruptions are extremely powerful and what I have found
[22:41.720 --> 22:52.360] in the court is they always hold expectations of behavior and when you don't give them the
[22:52.360 --> 22:57.600] expectation, when you don't fulfill their expectations, it really, really makes them
[22:57.600 --> 23:06.480] nervous and the more corrupt the jurisdiction is, the more susceptible they are.
[23:06.480 --> 23:13.680] I went into Williamson County and asked to see a court record and when I looked at the
[23:13.680 --> 23:18.080] record there was a criminal complaint was missing exactly what I expected and I questioned
[23:18.080 --> 23:20.800] the clerk about where's the criminal accusation.
[23:20.800 --> 23:22.960] Well, we don't get that.
[23:22.960 --> 23:30.480] How on earth do you create a criminal file when there is no initiating document?
[23:30.480 --> 23:37.000] Well, this is all we get and I pointed to the little sign up there on the wall that
[23:37.000 --> 23:43.400] said that if you alter a government document, that's a felony in Texas and told them it's
[23:43.400 --> 23:49.120] also a felony in Texas if you secret a government document from the person or office he's directed
[23:49.120 --> 23:54.480] to and somebody has secreted the criminal complaint from you, where is it?
[23:54.480 --> 23:58.160] And they directed me to the county attorney and I put in a request for it and then I went
[23:58.160 --> 24:06.400] set in the courtroom and I'm sitting here taking notes or having this cattle call hearing
[24:06.400 --> 24:12.240] and a young lawyer came over to me and said, sir, sir, and I look up, yes, do you have
[24:12.240 --> 24:14.240] a case in this court today?
[24:14.240 --> 24:15.960] Oh, no, no, no, nothing like that.
[24:15.960 --> 24:16.960] I go back to writing.
[24:16.960 --> 24:24.000] He stands there a minute, sir, sir, and I say, yes, I look up, do you have a civil case
[24:24.000 --> 24:25.000] in this court?
[24:25.000 --> 24:27.560] Oh, no, no, nothing like that.
[24:27.560 --> 24:29.600] And I go back to writing.
[24:29.600 --> 24:33.760] He stands there a minute and see him shifting from one foot to the other, but I'm not looking
[24:33.760 --> 24:39.320] at him and then he says, sir, sir, and I look up at him, hold up both hands with my palms
[24:39.320 --> 24:43.440] out and say, no more questions.
[24:43.440 --> 24:46.920] Go back to writing, ignore it, ignore it.
[24:46.920 --> 24:51.240] When I said that, he looked like somebody slapped him.
[24:51.240 --> 24:53.520] He couldn't believe I said that to him.
[24:53.520 --> 25:01.160] Well, the guy I came there to help, whose records I had looked at, they came, this county
[25:01.160 --> 25:06.680] attorney came to him and wanted to know who he came with and he told him he's just him
[25:06.680 --> 25:09.360] and this guy he was with, Steve Fritz.
[25:09.360 --> 25:17.680] Well, there's somebody here looking through your records and he told him that, he said,
[25:17.680 --> 25:21.880] I told you I had a top secret clearance and you guys are going to screw that up for me.
[25:21.880 --> 25:23.440] So now they think I'm a fed.
[25:23.440 --> 25:25.160] Well, I never said that.
[25:25.160 --> 25:31.560] I never told him anything and they dismissed his case, anything else you want, took him
[25:31.560 --> 25:32.560] to the judge.
[25:32.560 --> 25:37.040] The judge signed the order, took him to the clerk and the clerk filled out the paperwork
[25:37.040 --> 25:40.640] to get his bond back and he had it the next day.
[25:40.640 --> 25:46.600] They came to a seminar I was doing at Brave New Books and said, have you ever walked into
[25:46.600 --> 25:51.040] a room and turned the light on and watched the cockroaches scatter?
[25:51.040 --> 25:54.840] He said, that's what it looked like.
[25:54.840 --> 26:00.080] The reason being they were extremely corrupt, it was Williamson County, well known as the
[26:00.080 --> 26:03.720] most corrupt county in Texas.
[26:03.720 --> 26:07.840] And every one of them knew that what they were doing was corrupt.
[26:07.840 --> 26:12.400] Now they think they got somebody looking over their shoulder and every one of them went
[26:12.400 --> 26:20.600] to their deepest, darkest, most hidden closet and cracked the door open and looked in there
[26:20.600 --> 26:28.320] at their deepest, darkest secret and they were sure that's what I was here looking for.
[26:28.320 --> 26:37.200] When you have an agenda that's separate from or beyond the scope of the current court,
[26:37.200 --> 26:42.800] you tend not to react, respond and react to them the way they expect and it makes them
[26:42.800 --> 26:43.800] nuts.
[26:43.800 --> 26:50.920] Okay, we've got a couple of callers and they want to use up the whole night on this, although
[26:50.920 --> 26:56.160] I could spend about eight hours on this subject and would like to at some point so that we
[26:56.160 --> 27:00.840] get people to understand how to really jerk these courts around and get them following
[27:00.840 --> 27:03.720] law the ways that they're supposed to.
[27:03.720 --> 27:08.320] But right now we're going to go to callers, we've got Scott in Texas, hello Scott.
[27:08.320 --> 27:16.400] Hey Randy, I've been sending you a couple of documents and I don't know if you had a
[27:16.400 --> 27:18.960] chance to read them yet or anything.
[27:18.960 --> 27:24.480] I saw the mandamus but I didn't get a chance to read it yet.
[27:24.480 --> 27:31.720] Yeah, I kind of got it fairly short and to the point and I think I cited it pretty good
[27:31.720 --> 27:49.680] because it has a scathing statement of facts or whatever, I forgot, I can't believe I forgot.
[27:49.680 --> 27:54.960] Anyway, statement of cause, whatever.
[27:54.960 --> 28:00.240] Special appearance mandamus is the appropriate really in this case.
[28:00.240 --> 28:05.960] Objection to non-judicial decision making, objection to use of private law, statement
[28:05.960 --> 28:13.760] of cause, September 27, 2016, trial was held in Mesquite Municipal Court for driving while
[28:13.760 --> 28:19.560] license invalid and missing front license plate, complainant was stopped from missing
[28:19.560 --> 28:21.560] front license plate.
[28:21.560 --> 28:27.240] Opening statement was he didn't consent to these proceedings and citation was signed
[28:27.240 --> 28:28.240] under duress.
[28:28.240 --> 28:34.800] Okay, give me a synopsis of this so I don't have to read it all.
[28:34.800 --> 28:43.440] Oh well, basically I got to cite their traffic laws, you know, to enforce the federal traffic
[28:43.440 --> 28:51.200] laws and all that stuff and I also named that they refused to answer the FOIA request on
[28:51.200 --> 28:59.400] the federal traffic laws and to give me the 9-1-1 recordings where the cop had made threatening
[28:59.400 --> 29:04.680] exchanges talking about I could get shot in the head, you know, for being a constitutionalist
[29:04.680 --> 29:13.040] basically and so I got to name all this because he denied my appeal so I'm just showing how
[29:13.040 --> 29:18.280] he's covering all this stuff up and then he denies the appeal, sweeps it all away, you
[29:18.280 --> 29:22.760] know, and violates the right to appeal.
[29:22.760 --> 29:30.360] Okay, you have a section here on certification of certain peace officers, 6644-101.
[29:30.360 --> 29:31.360] Yeah.
[29:31.360 --> 29:39.640] Okay, hang on, I hear the music and the music is ringing in my ears.
[29:39.640 --> 29:40.640] Hang on.
[29:40.640 --> 29:49.200] This is Randy Kelton, Lula Radio, our call in number 512-646-1984.
[29:49.200 --> 29:54.320] We're talking to Scott, they've got two callers on the board, they've got some lines open,
[29:54.320 --> 30:02.480] give us a call, we'll be right back.
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[32:08.880 --> 32:12.480] to have a free society, then we're going to have to stand and defend our own rights.
[32:12.480 --> 32:16.040] Among those rights are the right to travel freely from place to place, the right to act
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[32:59.880 --> 33:09.400] You're listening to the Logos Radio Network at logosradionetwork.com.
[33:09.400 --> 33:20.320] Okay.
[33:20.320 --> 33:21.320] We are back.
[33:21.320 --> 33:27.480] Randy Kelton, Rule of Law Radio, and we're talking to Scott in Texas, and Scott, I went
[33:27.480 --> 33:36.960] through this document on the break, and it is not a petition for read-a-mat-dams.
[33:36.960 --> 33:41.000] This looks like an appeal.
[33:41.000 --> 33:42.000] Read a mandamus.
[33:42.000 --> 33:51.320] You ask the court to issue a mandate to a lower court to command the court to perform
[33:51.320 --> 33:54.080] a duty he's required to perform.
[33:54.080 --> 34:02.160] In this case, you appealed the subject matter jurisdiction ruling.
[34:02.160 --> 34:05.520] Are you there?
[34:05.520 --> 34:08.800] Yeah, yeah, I'm listening.
[34:08.800 --> 34:09.800] Okay.
[34:09.800 --> 34:16.480] You asked the court to overturn a ruling by the lower court, and they can't do that until
[34:16.480 --> 34:19.600] the issue is properly before the court.
[34:19.600 --> 34:31.640] What you can bring to this court in a mandamus is the matter of appeal.
[34:31.640 --> 34:39.520] You have a trial court denying an appeal to itself on its own decision, and that's something
[34:39.520 --> 34:42.800] the court has no power to do.
[34:42.800 --> 34:53.720] So rewrite your mandamus, save all this stuff for an appeal, and write a mandamus and ask
[34:53.720 --> 35:05.160] the court of appeals to order the trial court judge to send all the records to the... Is
[35:05.160 --> 35:06.880] this a municipal court?
[35:06.880 --> 35:10.080] It's on the ticket, yes sir.
[35:10.080 --> 35:11.080] Municipal.
[35:11.080 --> 35:19.040] Yes, ask the court to command the municipal court to remove all of the case files to the
[35:19.040 --> 35:21.560] county court.
[35:21.560 --> 35:26.040] What you can do in mandamus, and then you can ask for sanctions against the judge.
[35:26.040 --> 35:27.040] Have you bar grieve?
[35:27.040 --> 35:32.040] I mean, have you filed a judicial conduct complaint against the judge yet?
[35:32.040 --> 35:41.200] Bar grieve and judicial conduct, two times, and one for the appeal, fell in the... Let
[35:41.200 --> 35:49.160] me appeal, and then Jody filed a third party witness on him, on Wayne, so he's got a third
[35:49.160 --> 35:52.120] party witness on him too.
[35:52.120 --> 35:53.280] Wonderful.
[35:53.280 --> 36:00.640] Everybody's got third party witness attacks, and getting complaints from them, and I had
[36:00.640 --> 36:08.440] my son over in Forney, he filed for an appeal, and they're trying to squeeze $25 out of him,
[36:08.440 --> 36:13.240] and he was going back and forth with them, and they asked, look, put in a paupers affidavit,
[36:13.240 --> 36:18.400] it means you're poor, you can't pay, and you just tell them you can't pay, and tell them
[36:18.400 --> 36:26.520] you want the judge to make a ruling on your appeal, and so they wound up... We already
[36:26.520 --> 36:32.760] bar grieve and filed judicial complaints on that judge, as me as a third party, and him
[36:32.760 --> 36:39.360] as a complainant a couple of times, so she's getting hammered, and now they were trying
[36:39.360 --> 36:44.220] to shield her, saying, well, she's just part time, and I was like, that's not your deal,
[36:44.220 --> 36:48.840] you need to tell her, she needs to make a decision, and I called over there, and they
[36:48.840 --> 36:53.760] said, oh, we can't talk to you, I said, look, I just need to know if you have given that
[36:53.760 --> 37:01.000] appeal to the judge, oh, we can't talk to you about this, you're not an attorney, and
[37:01.000 --> 37:07.600] I told them, I said, well, I am his dad, and you can tell me a little bit of something,
[37:07.600 --> 37:12.200] and I said, did you submit it, she goes, I turned him into the proper authority, I said,
[37:12.200 --> 37:18.840] well, he's got a pauper's affidavit in there, he's poor, he can't pay, and so y'all can
[37:18.840 --> 37:26.200] either deny or grant the appeal for you have been noticed, and she was like, oh, thank
[37:26.200 --> 37:33.440] you, and she didn't realize, it's like, you've been noticed, and that stuff's been submitted,
[37:33.440 --> 37:41.440] and so now I can file another judicial conduct on the little office crony, trying to make
[37:41.440 --> 37:44.720] it where he can get due process.
[37:44.720 --> 37:54.200] Well, good, this is how we get them not to want to get in this pickle again.
[37:54.200 --> 37:59.360] Generally, when we start this kind of fight, they will fight with us because they don't
[37:59.360 --> 38:04.600] know how to do anything different, but once they've been through a fight with us, they
[38:04.600 --> 38:09.240] tend not to want another one.
[38:09.240 --> 38:13.120] So I'm hoping you're burning enough of these courts that they're not going to want to get
[38:13.120 --> 38:15.040] back into these kinds of fights.
[38:15.040 --> 38:22.600] Well, and that's the thing, whenever you make a bar grievance or judicial conduct, basically
[38:22.600 --> 38:28.720] all I'm doing is creating a criminal complaint, making it nasty as I possibly can, and just
[38:28.720 --> 38:34.120] tell them, see attached criminal complaint, slap it on the back, send it off, and off
[38:34.120 --> 38:35.120] it goes.
[38:35.120 --> 38:38.840] Now they got a criminal complaint they got to look at and deal with it because nobody
[38:38.840 --> 38:43.440] got to get one submitted to anybody around here, so y'all got to take it.
[38:43.440 --> 38:48.000] So that's exactly what they do to you.
[38:48.000 --> 38:55.200] They will come up with the highest level charge they can bring against you so that they can
[38:55.200 --> 38:56.720] deal it down.
[38:56.720 --> 39:00.160] So turnabouts fair play.
[39:00.160 --> 39:11.080] What they don't realize is you are the master, that they're not the only ones that can file
[39:11.080 --> 39:18.560] criminal complaints, that you can do that as well and you work the system against them.
[39:18.560 --> 39:24.680] So we need more of this.
[39:24.680 --> 39:33.440] Well, that's the big argument now, I need to mail off a couple of documents because
[39:33.440 --> 39:40.560] I've already given that habeas to Rockwall, but I need it because I've filed chapter
[39:40.560 --> 39:46.600] seven bankruptcy, so I'm a bankrupt corporation, technically they're a corporation seeking
[39:46.600 --> 39:52.480] money from a defunct corporation by their own commerce law.
[39:52.480 --> 39:57.440] So you said print off a couple and send one to the Texas Department of Transportation
[39:57.440 --> 40:05.440] and another one to my actual bankruptcy court, and that way you get the state having an answer
[40:05.440 --> 40:12.360] to the fed on my defunctness, I reckon.
[40:12.360 --> 40:19.480] I like funkiness better, but okay, the document you've written is pretty good.
[40:19.480 --> 40:27.320] It goes through the code and such, it'll make the beginnings of a really good appeal.
[40:27.320 --> 40:32.400] But it sucks this mandamus.
[40:32.400 --> 40:34.560] In the mandamus, it should be really short.
[40:34.560 --> 40:42.920] You state that you had a hearing, you filed a notice of appeal and the trial court denied
[40:42.920 --> 40:54.280] the notice of appeal and asked the court of appeals to direct the municipal judge to forward
[40:54.280 --> 41:00.800] the records to the county court.
[41:00.800 --> 41:05.080] And when you file that, that'll probably get the records moved.
[41:05.080 --> 41:12.760] This judge is not likely to wait for the court of appeals to hammer him or her.
[41:12.760 --> 41:17.720] He's likely to move these over.
[41:17.720 --> 41:24.440] If he's an attorney otherwise, this is going to put a bad mark on his chart and he's not
[41:24.440 --> 41:25.440] going to like that.
[41:25.440 --> 41:28.440] Oh yeah, he's an attorney.
[41:28.440 --> 41:31.800] Okay, so you did bar grieving.
[41:31.800 --> 41:32.800] Oh yes.
[41:32.800 --> 41:33.800] Oh good.
[41:33.800 --> 41:34.800] Blasphemy.
[41:34.800 --> 41:37.800] And that'll hurt him.
[41:37.800 --> 41:42.320] I bar grieved a heck out of him.
[41:42.320 --> 41:47.040] Jody bar grieved him too, sorry.
[41:47.040 --> 41:51.560] If he's got three bar grievances and they're likely to cancel his law firm's malpractice
[41:51.560 --> 41:58.240] insurance now, you have, you know, they're not going to say anything about it, but good
[41:58.240 --> 42:05.960] chance you may make it difficult for him to continue to practice law and that's what we
[42:05.960 --> 42:06.960] need to do.
[42:06.960 --> 42:12.680] Well, they should have dismissed my case like I asked them to do.
[42:12.680 --> 42:19.440] I signed a ticket under duress and they even, even the cop admitted it was signed under
[42:19.440 --> 42:22.440] duress.
[42:22.440 --> 42:25.720] Signing the ticket under duress is meaningless.
[42:25.720 --> 42:27.600] Well obviously.
[42:27.600 --> 42:30.840] It's always under duress by definition.
[42:30.840 --> 42:39.560] Well, you know, so at least I put that on there and then I told him all this was absent
[42:39.560 --> 42:40.960] of a fourth amendment warrant.
[42:40.960 --> 42:45.080] There's a fourth amendment warrant, was fourth amendment warrant stopped.
[42:45.080 --> 42:48.120] And he asked me, what's a fourth amendment warrant?
[42:48.120 --> 42:50.920] The judge asked me, what's a fourth amendment warrant?
[42:50.920 --> 42:56.040] I looked at him and I said, I'm not here to give legal advice.
[42:56.040 --> 43:07.920] Well, okay, this didn't require a fourth amendment warrant actually, because it is a misdemeanor
[43:07.920 --> 43:14.880] offense committed within view and it's not whether you actually committed the offense
[43:14.880 --> 43:15.880] or not.
[43:15.880 --> 43:20.000] It is what the complaint states.
[43:20.000 --> 43:26.280] Like the complaint states that the officer observed the commission of the offense under
[43:26.280 --> 43:39.320] 14.03, he is authorized to arrest and under 546.003, he's also authorized to allow you
[43:39.320 --> 43:45.380] to, to release you if you sign a promise to appear and that signature is always under
[43:45.380 --> 43:49.960] duress because if you don't sign it, he's taking you to jail.
[43:49.960 --> 43:52.320] So signing it under duress is meaningless.
[43:52.320 --> 43:58.640] Hang on, Randy Kelton, Weeblow Radio, we'll be right back.
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[46:00.000 --> 46:24.720] Okay.
[46:24.720 --> 46:25.720] We are back.
[46:25.720 --> 46:30.120] Randy Kelton with the Rule of Law Radio, and we're talking to Scott in Texas.
[46:30.120 --> 46:33.520] Okay, Scott, you got anything else for us?
[46:33.520 --> 46:36.920] Well, I guess not, so.
[46:36.920 --> 46:37.920] Okay.
[46:37.920 --> 46:38.920] Call me in the morning.
[46:38.920 --> 46:41.240] I'll go through that mandamus with you.
[46:41.240 --> 46:46.160] Yeah, it sounded like it's real short, just a letter to the judge, and I just need to
[46:46.160 --> 46:47.760] know where to mail this stuff off.
[46:47.760 --> 46:48.760] No, no.
[46:48.760 --> 46:49.760] You don't want to send that thing.
[46:49.760 --> 46:53.440] You've got a lot of argument in there that doesn't have to do with mandamus, and you
[46:53.440 --> 46:54.440] didn't ask.
[46:54.440 --> 46:55.440] Yeah, I know.
[46:55.440 --> 46:56.440] Okay.
[46:56.440 --> 46:59.200] You didn't ask for an order from the judge, but we can fix that.
[46:59.200 --> 47:02.200] It'll be even shorter, probably just one short page.
[47:02.200 --> 47:08.640] Yeah, that's what I'm talking about, so yeah, like you said, this is just an appeal, so,
[47:08.640 --> 47:09.640] but anyhow.
[47:09.640 --> 47:10.640] Yeah, okay.
[47:10.640 --> 47:16.680] Well, I'll call you in the morning, and we'll get that little story for you.
[47:16.680 --> 47:21.880] What I've seen in that document, it needs some work, but you are getting much better.
[47:21.880 --> 47:22.880] Oh, good.
[47:22.880 --> 47:29.240] Your language, your construction is much, much better.
[47:29.240 --> 47:31.440] Not bad for a Dallas chump.
[47:31.440 --> 47:38.400] Well, hey, you know, I had a good teacher.
[47:38.400 --> 47:41.680] Do not hype up Eddie on this show.
[47:41.680 --> 47:43.680] He's a chump, too.
[47:43.680 --> 47:48.600] Yeah, well, you know, Eddie needs to step up.
[47:48.600 --> 47:50.600] No slack for Eddie.
[47:50.600 --> 47:53.520] Okay.
[47:53.520 --> 47:54.520] Thank you, Scott.
[47:54.520 --> 47:57.960] Now we're going to go to Barrett in Arizona.
[47:57.960 --> 47:58.960] Hello, Barrett.
[47:58.960 --> 47:59.960] Hi, guys.
[47:59.960 --> 48:00.960] Hello, fellow human beings.
[48:00.960 --> 48:06.680] This is the first time that I've called.
[48:06.680 --> 48:07.680] Hold on.
[48:07.680 --> 48:08.680] Are you on a speakerphone?
[48:08.680 --> 48:09.680] Oh, hold on.
[48:09.680 --> 48:10.680] Let me turn this off.
[48:10.680 --> 48:11.680] All right.
[48:11.680 --> 48:12.680] Hello?
[48:12.680 --> 48:13.680] Okay.
[48:13.680 --> 48:14.680] That's much better.
[48:14.680 --> 48:23.040] You can always tell if somebody's on a speakerphone because it sounds like they have their head
[48:23.040 --> 48:24.040] in a toilet.
[48:24.040 --> 48:25.040] Oh, okay.
[48:25.040 --> 48:26.040] All right.
[48:26.040 --> 48:27.040] All right.
[48:27.040 --> 48:28.040] Okay.
[48:28.040 --> 48:29.040] Yeah, that's much better.
[48:29.040 --> 48:36.720] And I was probably thinking- Okay, hold on, Barrett.
[48:36.720 --> 48:39.040] We lost you there for a moment.
[48:39.040 --> 48:40.560] You flaked out.
[48:40.560 --> 48:41.560] Start over again.
[48:41.560 --> 48:42.560] Oh, okay.
[48:42.560 --> 48:48.840] Well, the last time I called you guys, I was probably thinking that you were there.
[48:48.840 --> 48:52.840] I kind of failed to ask you and I couldn't think of what you said.
[48:52.840 --> 48:53.840] Wait a minute.
[48:53.840 --> 48:54.840] Wait a minute, Barrett.
[48:54.840 --> 48:56.400] You're floating in and out.
[48:56.400 --> 48:58.480] I'm not able to understand you.
[48:58.480 --> 49:00.480] Can you hang up and call right back?
[49:00.480 --> 49:01.480] Okay.
[49:01.480 --> 49:04.480] Maybe you'll get a better connection.
[49:04.480 --> 49:05.480] Okay.
[49:05.480 --> 49:10.720] I'm going to give Barrett a moment to call back in.
[49:10.720 --> 49:16.040] I have two more callers online, Charlene in New York and David in South Dakota, and we'll
[49:16.040 --> 49:23.520] get to you, but if I pass this one, then I'll have to... I don't want him to have to sit
[49:23.520 --> 49:28.520] there a long time, especially since he's a first-time caller.
[49:28.520 --> 49:31.680] So we'll give him a minute.
[49:31.680 --> 49:39.400] Back to what I was talking about earlier, I'm getting my e-book a lot closer, and David,
[49:39.400 --> 49:46.680] I see you down there, I sent you as the section on flow, and I'm hoping you have a question
[49:46.680 --> 49:52.720] or a comment on the section on flow.
[49:52.720 --> 49:58.600] Probably the most profound part of the whole e-book is the section on mental flow.
[49:58.600 --> 50:07.000] I read these legal documents, and they tend to jump from one thing to another.
[50:07.000 --> 50:12.200] They use acronyms and don't define the acronyms.
[50:12.200 --> 50:18.960] They make assertions about things that are not explained.
[50:18.960 --> 50:25.200] They use unstated and unsupported presuppositions, and I read these things and I'm just totally
[50:25.200 --> 50:27.200] lost.
[50:27.200 --> 50:34.400] I know whoever wrote it knew exactly what they were doing, what they meant, but because
[50:34.400 --> 50:42.040] they weren't thinking about how the mind of their reader was responding to what they were
[50:42.040 --> 50:44.000] writing, it came up word-sounding.
[50:44.000 --> 50:50.400] I couldn't make sense of them, and I get this a lot, especially from documents written by
[50:50.400 --> 50:52.800] prosaic people in the legal reform movement.
[50:52.800 --> 51:02.040] So I'm hoping I can develop a set of relatively basic understandings that will allow us to
[51:02.040 --> 51:11.800] start producing some documents that at the very least won't embarrass us.
[51:11.800 --> 51:17.800] At the best, what I'd like to see is people producing documents that when the judge reads
[51:17.800 --> 51:22.560] it, the only way he can tell that a lawyer didn't write it is it doesn't have a lawyer's
[51:22.560 --> 51:23.840] signature in the end.
[51:23.840 --> 51:27.240] That would be ideal, but we're working on that.
[51:27.240 --> 51:32.240] Okay, Barrett is back.
[51:32.240 --> 51:35.800] Okay, hello Barrett.
[51:35.800 --> 51:38.800] It looks like I have you twice.
[51:38.800 --> 51:47.000] Yeah, I'm on a different phone, I don't know which phone is going to be better.
[51:47.000 --> 51:49.360] Okay, hold on, let me try the other phone.
[51:49.360 --> 51:55.160] You sound like you're on a speaker phone on this phone, I'm going to answer the other
[51:55.160 --> 51:56.160] one.
[51:56.160 --> 51:57.160] Okay.
[51:57.160 --> 51:58.160] One moment.
[51:58.160 --> 52:05.920] Okay, talk to me.
[52:05.920 --> 52:10.320] Talk to me on the other phone.
[52:10.320 --> 52:11.320] On this one here?
[52:11.320 --> 52:12.760] That one, yes.
[52:12.760 --> 52:13.760] That's much better.
[52:13.760 --> 52:14.760] Okay, all right.
[52:14.760 --> 52:24.520] No, that's not better, you're still flaking out.
[52:24.520 --> 52:28.480] Go back to the 6793 number.
[52:28.480 --> 52:29.480] Okay.
[52:29.480 --> 52:31.480] What was that now?
[52:31.480 --> 52:34.640] Wait a minute, okay, the other phone just dropped off.
[52:34.640 --> 52:45.080] Okay, try to move the phone a little bit further from your mouth.
[52:45.080 --> 52:53.400] Your connection is fading in and out, I'm just getting a couple of syllables.
[52:53.400 --> 52:55.920] Can I just call you on my other phone?
[52:55.920 --> 52:56.920] That's better.
[52:56.920 --> 52:58.920] Whatever you're doing there, keep doing that.
[52:58.920 --> 53:03.040] Okay, I just have a quick couple of questions.
[53:03.040 --> 53:04.040] Okay.
[53:04.040 --> 53:12.520] I went to file a restraining order, knowing the judge would not view my face fully, and
[53:12.520 --> 53:15.640] so I'm in the process of seeing the judge.
[53:15.640 --> 53:19.800] Okay, hold on, move the mic a little further from your mouth, you're distorting real bad.
[53:19.800 --> 53:24.480] You're being arrested, okay, are you?
[53:24.480 --> 53:31.280] Barrett, I think I lost you all together.
[53:31.280 --> 53:32.280] Okay.
[53:32.280 --> 53:37.400] Boy, I don't even know how to do this to you.
[53:37.400 --> 53:40.280] No, this is not working at all, I can't understand you.
[53:40.280 --> 53:43.960] Do you have another phone somewhere else or are you on a cell phone?
[53:43.960 --> 53:49.520] I can call you from my other phone number.
[53:49.520 --> 53:53.800] Okay, try that, I'm going to go ahead and take Charlene from New York.
[53:53.800 --> 53:54.800] Hello, Charlene.
[53:54.800 --> 53:55.800] Hi, man.
[53:55.800 --> 54:00.800] Charlene, Charlene, I keep putting an H in there.
[54:00.800 --> 54:07.560] It's okay, I always say Charlene when I'm a lot, it's okay.
[54:07.560 --> 54:10.120] Okay, what do you have for us today?
[54:10.120 --> 54:12.120] I've got a whole bunch of documents from you.
[54:12.120 --> 54:17.120] Yes, I just, yeah, that's what I was basically calling to follow up to see if you were able
[54:17.120 --> 54:24.640] to look at them or as I know, it just arrived to you, so I don't know if you were able to.
[54:24.640 --> 54:28.800] No, I hadn't had time to go through them and I didn't pick up the ones from the post office
[54:28.800 --> 54:29.800] yet.
[54:29.800 --> 54:31.800] I will pick those up in the morning.
[54:31.800 --> 54:37.640] Oh, okay, okay, okay, okay, so yeah, those are basically the main, you know, the packet
[54:37.640 --> 54:44.400] was the main things that I needed field, but I did have a few questions though on that
[54:44.400 --> 54:51.760] kind of, I just found out some things about the loan servicer that has our loan at this
[54:51.760 --> 54:59.040] time and I basically went to a corporation, it's called 5 Borough Success, New York City
[54:59.040 --> 55:05.240] and they basically told me, they said Aquin isn't allowed to practice lending services
[55:05.240 --> 55:10.320] in New York or something like that and I was just a little bothered by that because they
[55:10.320 --> 55:17.960] basically had our loan, our loan was transferred to them in 2013 and they've basically been
[55:17.960 --> 55:22.480] on our case ever since, so I was just a little confused about that.
[55:22.480 --> 55:24.680] Oh, this is wonderful.
[55:24.680 --> 55:25.680] Okay.
[55:25.680 --> 55:30.680] Yeah, it scares me because I'm like, we already went through the process and they're already
[55:30.680 --> 55:34.040] taking, they're already putting us through foreclosure, we didn't take that modification
[55:34.040 --> 55:36.320] they offered, so I'm like, where does that leave us now?
[55:36.320 --> 55:37.320] Why didn't you tell us that?
[55:37.320 --> 55:46.720] Okay, okay, hold on, if they're not allowed to do business in New York, then you can most
[55:46.720 --> 55:54.960] likely force them to pay back every penny that you sent to them.
[55:54.960 --> 56:06.760] This happened with American wholesale lenders in Florida where, I forget, the Bank of America's
[56:06.760 --> 56:17.440] servicing arm set up American wholesale lenders and used it as a servicing company and they
[56:17.440 --> 56:25.360] claimed that American wholesale lenders was incorporated in New York and a couple of guys
[56:25.360 --> 56:31.680] just checked on them and found they weren't incorporated in New York.
[56:31.680 --> 56:33.600] These guys were in Pennsylvania.
[56:33.600 --> 56:41.400] So they went to New York and they filed articles of incorporation for American wholesale lenders.
[56:41.400 --> 56:46.200] And then everybody that was getting foreclosed on it sent information to American wholesale
[56:46.200 --> 56:56.760] lenders and went to these guys and oh, America, they sued them over stealing their name and
[56:56.760 --> 56:59.520] oh, it's a big deal.
[56:59.520 --> 57:06.760] But American wholesale lenders was then taken on by a guy in Florida who raised the issue
[57:06.760 --> 57:09.800] that they were never authorized to do business in Florida.
[57:09.800 --> 57:16.080] And the court said, no, they're not, made them give the borrower back every dime he
[57:16.080 --> 57:25.000] had given them for escrow, taxes, everything, because they weren't allowed to collect that
[57:25.000 --> 57:34.640] money and then they complained that they had a claim against the property.
[57:34.640 --> 57:36.600] And the court said, no, you don't.
[57:36.600 --> 57:39.120] Yeah, but we gave him the property.
[57:39.120 --> 57:40.120] Yeah, you did.
[57:40.120 --> 57:41.120] Too bad.
[57:41.120 --> 57:46.840] They gave him a warranty deed in exchange for a claim against the property, but they
[57:46.840 --> 57:49.600] didn't have power to enforce the claim.
[57:49.600 --> 57:52.600] So the guy got everything.
[57:52.600 --> 58:00.360] Wow, this is unbelievable, like impossible, but too good to be true.
[58:00.360 --> 58:03.640] This could be so much fun.
[58:03.640 --> 58:09.600] If awkward has been forbidden to do business in New York, you could go after them for punitive,
[58:09.600 --> 58:12.040] all kinds of stuff.
[58:12.040 --> 58:13.440] Would you need evidence for that?
[58:13.440 --> 58:15.200] Oh, lots of little questions.
[58:15.200 --> 58:22.840] If they've been banned from doing business in New York, that will not be hard to find.
[58:22.840 --> 58:26.840] Probably five minutes on the internet and we'll find that one.
[58:26.840 --> 58:27.840] Right.
[58:27.840 --> 58:28.840] Okay.
[58:28.840 --> 58:29.840] Hang on.
[58:29.840 --> 58:30.840] About to go to break.
[58:30.840 --> 58:31.840] Randy Kelton.
[58:31.840 --> 58:37.000] We'll use our radio or call in number 512-646-1984.
[58:37.000 --> 58:38.000] Give us a call.
[58:38.000 --> 58:39.760] We'll be taking your calls all night.
[58:39.760 --> 58:50.440] We'll be right back.
[58:50.440 --> 58:54.560] Would you like to make more definite progress in your walk with God?
[58:54.560 --> 58:59.760] Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.760 --> 59:01.080] can really help.
[59:01.080 --> 59:05.560] The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.560 --> 59:06.560] today.
[59:06.560 --> 59:10.440] It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.440 --> 59:13.560] to know God and to know the meaning of life.
[59:13.560 --> 59:18.800] The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.800 --> 59:23.080] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.080 --> 59:28.000] of salvation, growing in Christ and how to build up the church.
[59:28.000 --> 59:33.000] To order your free New Testament recovery version and Basic Elements of the Christian
[59:33.000 --> 59:40.760] Life, call Bibles for America toll free at 888-551-0102.
[59:40.760 --> 59:49.800] That's 888-551-0102 or visit us online at bfa.org.
[59:49.800 --> 01:00:00.720] Live, free speech radio, logosradionetwork.com.
[01:00:00.720 --> 01:00:05.920] And following these flashes brought to you by the Lone Star Lowdown, providing the daily
[01:00:05.920 --> 01:00:13.520] bulletins for the commodities market, Today in History, News Updates, and the inside scoop
[01:00:13.520 --> 01:00:17.680] into the tides of the alternatives.
[01:00:17.680 --> 01:00:24.200] Markets for Wednesday, the 26th of October, 2016 are currently trending with gold at $1,266.33
[01:00:24.200 --> 01:00:31.480] an ounce, silver $17.63 an ounce, Texas crude $49.96 a barrel, and Bitcoin is currently
[01:00:31.480 --> 01:00:39.920] sitting at about $675 U.S. currency.
[01:00:39.920 --> 01:00:45.320] Today in history, the year 2001, then President George W. Bush signs into law the United and
[01:00:45.320 --> 01:00:49.720] Strengthening America by providing appropriate tools required to intercept an obstruct terrorism
[01:00:49.720 --> 01:00:54.800] act or the USA PATRIOT Act into law, with controversial provisions concerning surveillance
[01:00:54.800 --> 01:00:59.720] procedures and gathering, anti-money laundering and business records, removing obstacles to
[01:00:59.720 --> 01:01:04.880] investigating terrorism by consolidating agencies, and contentious interrogation techniques.
[01:01:04.880 --> 01:01:08.440] Perhaps the biggest concern raised from civil rights groups was the rapidness in which the
[01:01:08.440 --> 01:01:14.360] 342-page bill was written up, read, and passed by Congress and then signed into law a little
[01:01:14.360 --> 01:01:17.960] over a month after the September 11th terrorist attacks.
[01:01:17.960 --> 01:01:26.080] Today in history, in recent years, NATO's biggest military proliferation on Russia's
[01:01:26.080 --> 01:01:30.640] border since the Cold War is underway, with Great Britain announcing Wednesday today that
[01:01:30.640 --> 01:01:34.720] it is planning on sending fighter jets to Romania next year, and the United States has
[01:01:34.720 --> 01:01:39.360] vowed troops, tanks, and artillery to Poland, along with Germany, Canada, and other NATO
[01:01:39.360 --> 01:01:43.880] allies also pledging forces at a defense ministers meeting in Brussels.
[01:01:43.880 --> 01:01:48.240] Meanwhile, two Russian warships entered the Baltic Sea between Sweden and Denmark and
[01:01:48.240 --> 01:01:50.480] are said to be armed with cruise missiles.
[01:01:50.480 --> 01:01:54.480] The ships were part of an eight-ship carrier battle group, including Russia's one and
[01:01:54.480 --> 01:01:59.120] only aircraft carrier, the Admiral Kuznestov, which is expected to join around 10 other
[01:01:59.120 --> 01:02:02.080] Russian vessels already off the Syrian coast.
[01:02:02.080 --> 01:02:07.640] We hope and pray these Russian-NATO escalations over engagement in Syria are soon de-escalated
[01:02:07.640 --> 01:02:09.560] and a resolve is figured out.
[01:02:09.560 --> 01:02:17.360] Our thoughts and prayers also go out to the people of Syria as well.
[01:02:17.360 --> 01:02:19.480] Early voting started Monday in Texas.
[01:02:19.480 --> 01:02:21.640] Record turnout is being recorded in many counties.
[01:02:21.640 --> 01:02:25.680] However, some individual voters have been calling foul when voting straight ticket,
[01:02:25.680 --> 01:02:29.280] claiming that the e-voting machines are leaving the presidential bid unchecked when a straight
[01:02:29.280 --> 01:02:31.600] vote for the Republican Party is placed.
[01:02:31.600 --> 01:02:35.320] Reminds me of what Joseph Stalin said when he said that it wasn't who voted that counted,
[01:02:35.320 --> 01:02:37.000] but who counted the votes.
[01:02:37.000 --> 01:02:41.560] Early voting in Texas ends four days before the election, so get out there and vote nobody
[01:02:41.560 --> 01:02:42.560] for president.
[01:02:42.560 --> 01:02:43.560] The Lone Star Lowdown is currently looking for sponsors.
[01:02:43.560 --> 01:02:44.560] If you have a product or a service you'd like to advertise with us, feel free to give me
[01:02:44.560 --> 01:02:45.560] a call at 210-363-2257.
[01:02:45.560 --> 01:03:07.920] This is Brooke Brody with your Lowdown for October 26, 2016.
[01:03:15.560 --> 01:03:24.200] Okay, we are back.
[01:03:24.200 --> 01:03:30.760] Randy Kelvin with La Radio, and we're talking to Carlene in New York.
[01:03:30.760 --> 01:03:40.320] On the break I looked up Ockwin, a new band in New York, and I find a $140 million settlement,
[01:03:40.320 --> 01:03:51.920] $150 million settlement, and the firing of the removal of the chairman in 2014, but I
[01:03:51.920 --> 01:03:52.920] haven't had time to read it.
[01:03:52.920 --> 01:03:58.360] I didn't see anything that said that they were banned from doing business, but I'll
[01:03:58.360 --> 01:03:59.360] keep checking.
[01:03:59.360 --> 01:04:00.360] It may be there.
[01:04:00.360 --> 01:04:06.760] Okay, Carlene, could you have other questions for us?
[01:04:06.760 --> 01:04:07.760] Yes.
[01:04:07.760 --> 01:04:13.320] I actually do have a question that sort of relates to this one, so being that I just
[01:04:13.320 --> 01:04:15.320] learned this information, it's probably not true.
[01:04:15.320 --> 01:04:21.640] I don't know if he misunderstood when he told me that, but is it possible that a loan modification
[01:04:21.640 --> 01:04:26.360] could be a scam, like they could offer a fraud loan mod?
[01:04:26.360 --> 01:04:35.240] They're always a scam, always.
[01:04:35.240 --> 01:04:40.680] Every one I've looked at, you go for a loan modification, the whole idea is to lower your
[01:04:40.680 --> 01:04:41.680] payment.
[01:04:41.680 --> 01:04:44.400] They wind up doubling or tripling your payment.
[01:04:44.400 --> 01:04:50.240] They ask you to send them in money that they then take, cash your checks, and do not apply
[01:04:50.240 --> 01:04:52.280] it to the loan.
[01:04:52.280 --> 01:05:00.160] They do exactly the opposite of what the HAMP program was supposed to accomplish.
[01:05:00.160 --> 01:05:01.640] Wow.
[01:05:01.640 --> 01:05:12.120] So it's possible that the trial period mod that they offered to us was a fraud?
[01:05:12.120 --> 01:05:18.320] I mean, it just sounds really ridiculous that they would do something crazy like that, but
[01:05:18.320 --> 01:05:22.280] I'm not surprised how these banks are.
[01:05:22.280 --> 01:05:29.160] They pretty well feel like they have the courts bought and paid for, and for the most part,
[01:05:29.160 --> 01:05:33.280] they're right, they do.
[01:05:33.280 --> 01:05:36.680] But there are ways to take them on anyway.
[01:05:36.680 --> 01:05:43.040] At the end of the day, it's all about the money, and we're trying to get more and more
[01:05:43.040 --> 01:05:48.880] people who know how to take them on and make it more expensive to do it wrong than to do
[01:05:48.880 --> 01:05:49.880] it right.
[01:05:49.880 --> 01:06:00.320] Right now, 95% of all foreclosures are unopposed, so they can do anything they want to.
[01:06:00.320 --> 01:06:04.680] Every once in a while, somebody objects and they get stunned, but heck, that's the cost
[01:06:04.680 --> 01:06:05.680] of doing business.
[01:06:05.680 --> 01:06:11.160] But for the most part, if an ordinary citizen tries to fight the banks, they bought and
[01:06:11.160 --> 01:06:15.960] paid for the judges.
[01:06:15.960 --> 01:06:18.280] I know that's harsh.
[01:06:18.280 --> 01:06:23.440] We do have a couple of judges in New York who seem not to be bought and paid for, but
[01:06:23.440 --> 01:06:30.920] for the most part, it makes, especially in the federal court, it makes absolutely no
[01:06:30.920 --> 01:06:33.720] difference what you plead.
[01:06:33.720 --> 01:06:40.080] The federal court's going to throw it out.
[01:06:40.080 --> 01:06:46.720] But in the process, there's other things we can do to them, and I've developed a whole
[01:06:46.720 --> 01:06:54.040] bunch of things so that we can beat these guys up and make them want to come to the
[01:06:54.040 --> 01:06:55.640] table.
[01:06:55.640 --> 01:07:02.360] The one thing about civil lawsuits against these guys, you can keep them in the court
[01:07:02.360 --> 01:07:06.120] till everybody gets old.
[01:07:06.120 --> 01:07:07.120] That's why I'm old.
[01:07:07.120 --> 01:07:11.840] I've kept them in the courts, but yeah, you can...
[01:07:11.840 --> 01:07:12.840] Wow.
[01:07:12.840 --> 01:07:17.120] There's one problem with civil litigation, it takes forever.
[01:07:17.120 --> 01:07:18.320] Really?
[01:07:18.320 --> 01:07:19.400] Wow.
[01:07:19.400 --> 01:07:27.880] If you're leasing this property out, you just keep leasing it out and let them pay the taxes
[01:07:27.880 --> 01:07:33.440] because they can't afford to have it sold for taxes because they'll lose their... because
[01:07:33.440 --> 01:07:40.640] a tax lien is superior to a mortgage lien, so they have to pay the taxes while you keep
[01:07:40.640 --> 01:07:43.880] the property and lease it out and collect the money on it.
[01:07:43.880 --> 01:07:44.880] Wow.
[01:07:44.880 --> 01:07:49.640] That just sounds totally just the opposite, because it's basically saying that we should
[01:07:49.640 --> 01:07:50.640] just walk away.
[01:07:50.640 --> 01:07:54.760] If you didn't pay it in your five years on my parents, well, when they passed away, we
[01:07:54.760 --> 01:07:57.520] were trying to fight to keep it, and they basically said, it's a done deal.
[01:07:57.520 --> 01:08:02.880] You owe all these liens and taxes, so they're going to take it, and you owe it, and-
[01:08:02.880 --> 01:08:03.880] No, they're not.
[01:08:03.880 --> 01:08:04.880] No.
[01:08:04.880 --> 01:08:05.880] Okay.
[01:08:05.880 --> 01:08:10.560] They always tell you this nonsense, and we tell them, good luck on that, guys.
[01:08:10.560 --> 01:08:16.760] Especially from the cursory look I've had at your documentation, they don't have a clean
[01:08:16.760 --> 01:08:17.760] chain of title.
[01:08:17.760 --> 01:08:22.320] Yeah, definitely not there, yeah.
[01:08:22.320 --> 01:08:26.840] The first thing you want to do is petition the court for a declaration of rights of the
[01:08:26.840 --> 01:08:30.160] parties.
[01:08:30.160 --> 01:08:37.880] If you make any claim against the banks, they bought the courts, unless it's Judge Schreck
[01:08:37.880 --> 01:08:42.960] in New York, he's the only one that actually seems to be honest.
[01:08:42.960 --> 01:08:48.400] They're going to rule in favor of the banks, and they're going to dismiss your case for
[01:08:48.400 --> 01:08:51.440] failure of state of claim of which recovery can be had.
[01:08:51.440 --> 01:08:56.840] You file a petition for the declaration of rights of parties.
[01:08:56.840 --> 01:09:04.240] That one doesn't have a claim, so it can't be dismissed for failure to state a claim.
[01:09:04.240 --> 01:09:05.240] Wow.
[01:09:05.240 --> 01:09:13.120] You get past the front end motion to dismiss, and now we go to discovery, and that's the
[01:09:13.120 --> 01:09:19.640] one thing the banks want to avoid more than anything, is discovery.
[01:09:19.640 --> 01:09:20.640] Okay.
[01:09:20.640 --> 01:09:24.360] They can't come up with the paperwork.
[01:09:24.360 --> 01:09:30.760] Okay, so to get to that point of discovery, you said that someone has to file a declaration
[01:09:30.760 --> 01:09:31.760] of rights.
[01:09:31.760 --> 01:09:38.200] A petition for declaratory judgment suit.
[01:09:38.200 --> 01:09:46.960] You can petition for recovery, or you can petition to ask for declaratory judgment.
[01:09:46.960 --> 01:09:57.600] You ask for a restraining order, that's declaratory judgment, because you don't get compensation
[01:09:57.600 --> 01:09:58.600] for harm.
[01:09:58.600 --> 01:10:04.200] You're just asking the judge to issue an order.
[01:10:04.200 --> 01:10:10.160] That's declaratory judgment, but we have another aspect of declaratory judgment where you can
[01:10:10.160 --> 01:10:15.320] ask the court to declare the rights of the parties.
[01:10:15.320 --> 01:10:20.600] What you need to file is a petition for declaration of the rights of the parties, and you ask
[01:10:20.600 --> 01:10:32.000] the court to rule that Aquin, and Aquin's supposed holder, lacks standing to enforce
[01:10:32.000 --> 01:10:42.520] the mortgage contract, and ask them to prove upstanding in accordance with the, I forget
[01:10:42.520 --> 01:10:46.200] the number of the statute in New York, that-
[01:10:46.200 --> 01:10:49.800] I think it's six years, it said it was six years.
[01:10:49.800 --> 01:10:50.800] No, no, no, no.
[01:10:50.800 --> 01:10:57.000] There's a statute that says any claim against real property not properly, not acknowledged
[01:10:57.000 --> 01:11:00.440] or proven and filed in the record is voiced to the holder.
[01:11:00.440 --> 01:11:01.440] That one.
[01:11:01.440 --> 01:11:02.440] Oh, okay.
[01:11:02.440 --> 01:11:03.440] Yeah, so-
[01:11:03.440 --> 01:11:07.680] I don't see them on the records, the county records, they're listed, they're not there,
[01:11:07.680 --> 01:11:11.080] it's other services there, and it's just really confusing.
[01:11:11.080 --> 01:11:14.120] They said, well, they have the right to foreclose, and they're not here, and they don't have
[01:11:14.120 --> 01:11:15.600] the right, so it's-
[01:11:15.600 --> 01:11:17.600] I don't listen to all that crap.
[01:11:17.600 --> 01:11:18.600] Confusion.
[01:11:18.600 --> 01:11:23.120] They will lie to you.
[01:11:23.120 --> 01:11:27.960] Don't pay any attention to the crap they tell you.
[01:11:27.960 --> 01:11:35.000] They will look you right in the eye, and they will lie like dogs, so pay no attention.
[01:11:35.000 --> 01:11:40.000] The only thing you pay attention to is what's filed in the public record.
[01:11:40.000 --> 01:11:41.600] I don't care what you got.
[01:11:41.600 --> 01:11:46.680] Okay, here's the deal in law, if you're going to get the right answer, you got to ask the
[01:11:46.680 --> 01:11:47.680] right question.
[01:11:47.680 --> 01:11:52.160] Okay, you hold a mortgage, so what?
[01:11:52.160 --> 01:12:03.720] You have standing to collect this mortgage from whoever you got the mortgage from.
[01:12:03.720 --> 01:12:15.120] What the code says, and every status is almost identical, is that a transfer of a claim against
[01:12:15.120 --> 01:12:27.240] real property is void as to the parties, even if it's not filed in the public record, but
[01:12:27.240 --> 01:12:36.200] it's void as to- the deed of trust is void as to the borrower if it's not filed in the
[01:12:36.200 --> 01:12:39.320] public record.
[01:12:39.320 --> 01:12:47.640] What that means is, is they can do an assignment and assign the mortgage to somebody else,
[01:12:47.640 --> 01:12:53.480] and the assignment is valid as to the assignor and the assignee, you're not either one of
[01:12:53.480 --> 01:12:54.480] those.
[01:12:54.480 --> 01:13:00.880] Now, they've got this mortgage, and they come back and they want to enforce the mortgage,
[01:13:00.880 --> 01:13:08.000] and you say, hold on here, I didn't issue you a mortgage, I issued a mortgage to this
[01:13:08.000 --> 01:13:14.520] company, well, it was assigned to us, well, the problem is that assignment wasn't filed
[01:13:14.520 --> 01:13:24.600] in the public record, therefore, that document is void as to me, you can't come to me and
[01:13:24.600 --> 01:13:32.560] enforce that contract because you don't have a clear chain of title.
[01:13:32.560 --> 01:13:39.520] So we don't care what you got, if you didn't file a complete chain of title in the public
[01:13:39.520 --> 01:13:48.760] record, you can use that for toilet paper, and that's the question we bring to the court,
[01:13:48.760 --> 01:13:53.600] that's the question they don't want answered, they don't want to have to show that they
[01:13:53.600 --> 01:14:00.040] have legal capacity, they may have standing to collect, but they don't have the legal
[01:14:00.040 --> 01:14:07.080] capacity to invoke a subject matter jurisdiction to the court, and they can't express the claim
[01:14:07.080 --> 01:14:10.840] against you.
[01:14:10.840 --> 01:14:16.160] New York is a mortgage state that have to go to the court, but they have no legal capacity
[01:14:16.160 --> 01:14:24.160] to bring a controversy to the court because their contract with the assignor is not valid
[01:14:24.160 --> 01:14:27.440] as to you because it's not filed in the record.
[01:14:27.440 --> 01:14:35.880] Oh, okay, so even if they sent a letter to the borrower stating that the servicing is
[01:14:35.880 --> 01:14:39.680] being transferred over, does that sort of give them the power?
[01:14:39.680 --> 01:14:44.440] No, servicing doesn't mean anything.
[01:14:44.440 --> 01:14:50.440] Servicing just means that they're a collection company for the holder of the mortgage.
[01:14:50.440 --> 01:14:54.600] Oh, okay.
[01:14:54.600 --> 01:14:55.600] When they...
[01:14:55.600 --> 01:14:57.760] It doesn't make sense.
[01:14:57.760 --> 01:15:07.520] When they sell them the mortgage to the pool, they keep the servicing rights, and they either
[01:15:07.520 --> 01:15:11.840] keep them themselves or they sell the servicing rights to somebody else.
[01:15:11.840 --> 01:15:19.880] Now, that part has really nothing to do with you, that's just a collection agency for the
[01:15:19.880 --> 01:15:25.480] holder, that's all the servicer is.
[01:15:25.480 --> 01:15:34.200] Unless the deed of trust has been assigned to the servicer, now the servicer has standing
[01:15:34.200 --> 01:15:37.040] to enforce the deed of trust.
[01:15:37.040 --> 01:15:41.320] But only if that assignment has been filed in the public record.
[01:15:41.320 --> 01:15:48.600] The deed of trust authorizes the sale of the instrument to a third party, so under contract
[01:15:48.600 --> 01:15:51.840] they can sell it.
[01:15:51.840 --> 01:15:57.200] But according to the state recording laws, if they don't file that assignment in the
[01:15:57.200 --> 01:16:04.480] public record so that there's a clear chain of title, they can't enforce that right.
[01:16:04.480 --> 01:16:06.760] So while they got it, they can't enforce it.
[01:16:06.760 --> 01:16:10.040] Now, the note is still good.
[01:16:10.040 --> 01:16:15.720] They can sue based on the note, but they can't make a claim against the property.
[01:16:15.720 --> 01:16:22.320] So we'll go for declaratory judgment stating that the deed of trust is void as to this
[01:16:22.320 --> 01:16:24.320] holder.
[01:16:24.320 --> 01:16:31.560] And since this entity is holding it, the original lender can't transfer it because they don't
[01:16:31.560 --> 01:16:34.000] hold it.
[01:16:34.000 --> 01:16:38.200] So the original lender can't express it because they don't hold it anymore, the one who does
[01:16:38.200 --> 01:16:43.080] hold it didn't file it in the record, so they can't express it, we ask if the deed of trust
[01:16:43.080 --> 01:16:46.120] is void or the mortgage is void.
[01:16:46.120 --> 01:16:51.080] Now if they want to collect the note, they have to sue you personally.
[01:16:51.080 --> 01:16:56.160] You could also dispose of the property in the interim, they have no claim against it.
[01:16:56.160 --> 01:17:01.160] Hang on, Randy Kelton, we'll blow radio, we'll write.
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[01:19:02.000 --> 01:19:09.000] This is the Logos Radio Network.
[01:19:09.000 --> 01:19:30.000] Okay, we are back, Randy Kelton with our radio and we're talking about debt collectors.
[01:19:30.000 --> 01:19:44.680] Okay, so I could probably spend four hours on this explaining what would all make sense.
[01:19:44.680 --> 01:19:47.720] Yes, I just have some questions.
[01:19:47.720 --> 01:19:52.600] You have said that they can take us to basically they can sue because of a note.
[01:19:52.600 --> 01:19:53.600] Yes, okay.
[01:19:53.600 --> 01:19:56.000] Let me explain how this works.
[01:19:56.000 --> 01:20:08.560] They have a claim against the estate, but in order to secure their note when they give
[01:20:08.560 --> 01:20:16.560] you a loan against real property, they want to claim against that property as collateral.
[01:20:16.560 --> 01:20:25.760] If you can get the mortgage portion of the transaction rendered void, then they no longer
[01:20:25.760 --> 01:20:28.160] have the property as collateral.
[01:20:28.160 --> 01:20:37.120] Now, they still have a claim against the estate, so they can sue the estate for this amount,
[01:20:37.120 --> 01:20:41.440] but in the meantime, you can dispose of the property or you can transfer the property
[01:20:41.440 --> 01:20:48.400] to someone else's name, but now they can come after the estate, but they can't get the property.
[01:20:48.400 --> 01:20:52.720] Right, but isn't the estate the property?
[01:20:52.720 --> 01:20:59.120] I thought it was the same under the same category or if the estate is the property or that it's
[01:20:59.120 --> 01:21:00.120] ...
[01:21:00.120 --> 01:21:01.120] No, no.
[01:21:01.120 --> 01:21:12.200] The estate is everything that your parents owned, but they don't have a claim yet.
[01:21:12.200 --> 01:21:16.000] They have to sue and get the claim.
[01:21:16.000 --> 01:21:20.240] What you did with the mortgage is you confessed a claim against the property.
[01:21:20.240 --> 01:21:27.640] You granted them a claim against the property on the condition that they abide by the covenants
[01:21:27.640 --> 01:21:35.240] of the contract, so we're going to say they didn't abide by the covenants of the contract.
[01:21:35.240 --> 01:21:44.600] They breached covenant 15 and 16, and therefore, they repudiated the contract and can no longer
[01:21:44.600 --> 01:21:51.360] claim the privilege granted in the contract, which was a claim against the property.
[01:21:51.360 --> 01:21:53.040] Now that contract's out the window.
[01:21:53.040 --> 01:21:59.200] The only contract left is the promise to pay, so now they have to come and sue the estate,
[01:21:59.200 --> 01:22:04.240] get a claim against the estate, and then petition the court for a judgment against property
[01:22:04.240 --> 01:22:10.680] belonging to the estate, but in the meantime, since there is no claim against the property,
[01:22:10.680 --> 01:22:14.400] you can liquidate the property.
[01:22:14.400 --> 01:22:16.840] You can transfer it out of the estate.
[01:22:16.840 --> 01:22:21.760] The estate, now they can't make a claim against it.
[01:22:21.760 --> 01:22:24.320] That's where their problem is.
[01:22:24.320 --> 01:22:28.160] With the mortgage, you can't transfer the estate.
[01:22:28.160 --> 01:22:32.240] With the mortgage, you can't transfer the property.
[01:22:32.240 --> 01:22:38.360] You get the mortgage tossed, you can immediately switch the property to somebody else's name,
[01:22:38.360 --> 01:22:41.880] and these guys are out of luck.
[01:22:41.880 --> 01:22:49.520] So as long as it's default, the mortgage isn't default, they basically can still take it,
[01:22:49.520 --> 01:22:50.520] right?
[01:22:50.520 --> 01:22:51.520] They claim...
[01:22:51.520 --> 01:22:52.520] No, no.
[01:22:52.520 --> 01:22:58.040] If you get rid of the mortgage, they cannot take the property.
[01:22:58.040 --> 01:23:01.520] They cannot touch it.
[01:23:01.520 --> 01:23:04.520] They don't have a claim against it anymore.
[01:23:04.520 --> 01:23:05.520] Okay.
[01:23:05.520 --> 01:23:10.120] Let me back up and do this again.
[01:23:10.120 --> 01:23:17.880] The mortgage grants a claim against the property.
[01:23:17.880 --> 01:23:21.000] The note is a promise to pay.
[01:23:21.000 --> 01:23:23.560] You have a note and a mortgage.
[01:23:23.560 --> 01:23:30.680] The mortgage is what in a non-judicial state we would call a deed of trust, but in a judicial
[01:23:30.680 --> 01:23:34.360] state it's called a mortgage document.
[01:23:34.360 --> 01:23:37.920] So you have the mortgage document, warranty deed, and promise to pay.
[01:23:37.920 --> 01:23:42.040] You have these three documents.
[01:23:42.040 --> 01:23:48.120] The lender trades you the warranty deed for a promise to pay, and a claim against the
[01:23:48.120 --> 01:23:51.760] property is collateral.
[01:23:51.760 --> 01:23:56.280] On the condition you grant them the property as collateral, on the condition that they
[01:23:56.280 --> 01:24:03.160] abide by certain covenants, well, they breach the covenants, so now they don't have a claim
[01:24:03.160 --> 01:24:04.800] against the property.
[01:24:04.800 --> 01:24:09.080] The property is no longer held as collateral.
[01:24:09.080 --> 01:24:11.080] Now it's free and clear.
[01:24:11.080 --> 01:24:17.760] The estate still owes this money, but there's no claim against the property.
[01:24:17.760 --> 01:24:22.720] So now in order to get a claim against the property, they would have to go to court and
[01:24:22.720 --> 01:24:30.920] sue on the note, get a claim against the estate, and then petition the court for a judgment
[01:24:30.920 --> 01:24:36.400] against the property so they could liquidate the property to satisfy the claim.
[01:24:36.400 --> 01:24:40.400] By getting a mortgage, they don't have to go through those steps.
[01:24:40.400 --> 01:24:47.600] And by getting a mortgage, you are prevented from liquidating the property.
[01:24:47.600 --> 01:24:52.040] Once the mortgage is rendered void, there's nothing to prevent you from liquidating the
[01:24:52.040 --> 01:24:56.400] property and getting it out of the estate.
[01:24:56.400 --> 01:25:01.680] Once it's out of the estate, they can no longer make a claim against it.
[01:25:01.680 --> 01:25:02.680] Does that make sense?
[01:25:02.680 --> 01:25:06.760] Yes, it now does.
[01:25:06.760 --> 01:25:09.440] So that's the problem they have.
[01:25:09.440 --> 01:25:12.320] They screwed it up.
[01:25:12.320 --> 01:25:17.400] And when you go to them for declaratory judgment, you say, okay, guys, you claim that you're
[01:25:17.400 --> 01:25:21.600] a proper holder and you have a right to enforce the claim against the property.
[01:25:21.600 --> 01:25:23.600] Prove it up.
[01:25:23.600 --> 01:25:24.600] Yeah.
[01:25:24.600 --> 01:25:25.600] That's unfortunate.
[01:25:25.600 --> 01:25:31.480] They're still going through with the foreclosure as of right now.
[01:25:31.480 --> 01:25:38.440] That is the one thing they do not want to have to do is prove it up.
[01:25:38.440 --> 01:25:40.600] Because that's the one thing they can't do.
[01:25:40.600 --> 01:25:44.720] Well, there's actually two things they can't do.
[01:25:44.720 --> 01:25:49.200] They can't prove up the amount of the claim against the property either.
[01:25:49.200 --> 01:25:53.680] They just make up a number.
[01:25:53.680 --> 01:25:57.200] And I've seen suits where they challenge the number.
[01:25:57.200 --> 01:26:02.440] What they didn't do is go in with their own number.
[01:26:02.440 --> 01:26:06.600] I've run an analysis on the note and I calculate what should be owed against it.
[01:26:06.600 --> 01:26:10.720] And I go in and say, this is the maximum amount that should be owed against the property.
[01:26:10.720 --> 01:26:13.120] And they're going to say, oh, no, no, no, no, no.
[01:26:13.120 --> 01:26:15.120] That's not the maximum amount.
[01:26:15.120 --> 01:26:17.280] This is the maximum amount.
[01:26:17.280 --> 01:26:21.000] And I say, okay, here are my calculations.
[01:26:21.000 --> 01:26:22.680] Here's a note.
[01:26:22.680 --> 01:26:26.000] This is the amount of the original principal.
[01:26:26.000 --> 01:26:30.400] This is how much the person agreed to pay every month.
[01:26:30.400 --> 01:26:37.280] And I amortize these two and calculate over this period of time, this is how much principal
[01:26:37.280 --> 01:26:42.640] would be paid off and leaving this other amount of principal left.
[01:26:42.640 --> 01:26:46.360] And I can calculate that number to the penny.
[01:26:46.360 --> 01:26:49.280] And then they're going to say, oh, you owe a whole lot more.
[01:26:49.280 --> 01:26:50.280] Okay.
[01:26:50.280 --> 01:26:53.880] Show me how you get your numbers.
[01:26:53.880 --> 01:26:56.520] And here's the problem they have.
[01:26:56.520 --> 01:27:03.480] The servicer only has records for as long as it was a servicer.
[01:27:03.480 --> 01:27:07.920] They don't know what happened before that.
[01:27:07.920 --> 01:27:11.600] You can say, what about all these overpayments I made?
[01:27:11.600 --> 01:27:12.600] What overpayments?
[01:27:12.600 --> 01:27:14.280] We don't know anything about overpayments.
[01:27:14.280 --> 01:27:19.680] Yeah, that's a problem you got in it, Bubba.
[01:27:19.680 --> 01:27:21.280] You don't have records.
[01:27:21.280 --> 01:27:23.560] Yeah, it's pathetic.
[01:27:23.560 --> 01:27:30.320] I remember when my parents were paying when they were still alive and they said they couldn't
[01:27:30.320 --> 01:27:35.320] track who they were paying their mortgage to.
[01:27:35.320 --> 01:27:38.320] It was a huge mess.
[01:27:38.320 --> 01:27:45.520] Now Aquin is coming forth with this foreclosure and I just know that a lot of things aren't
[01:27:45.520 --> 01:27:46.520] right there.
[01:27:46.520 --> 01:27:49.040] I just don't know how to put it in line.
[01:27:49.040 --> 01:27:50.040] I do.
[01:27:50.040 --> 01:27:52.320] So we'll talk.
[01:27:52.320 --> 01:27:57.640] Call me Monday off the air and I'll go through what you need to do.
[01:27:57.640 --> 01:28:01.240] I finally got some documentation so I can give you an idea what to do.
[01:28:01.240 --> 01:28:02.240] Okay.
[01:28:02.240 --> 01:28:03.240] Okay.
[01:28:03.240 --> 01:28:04.240] Thank you so much.
[01:28:04.240 --> 01:28:05.240] I think it was some emails I had sent.
[01:28:05.240 --> 01:28:06.240] I don't know if you were able to look at them.
[01:28:06.240 --> 01:28:09.240] It was actually a copy of them.
[01:28:09.240 --> 01:28:10.240] I've got them.
[01:28:10.240 --> 01:28:11.240] I downloaded all the documents.
[01:28:11.240 --> 01:28:15.840] Now I've got to go pick up what's at the post office and we can talk Monday and I'll
[01:28:15.840 --> 01:28:18.840] tell you what I can do.
[01:28:18.840 --> 01:28:19.840] Okay.
[01:28:19.840 --> 01:28:20.840] Thank you.
[01:28:20.840 --> 01:28:21.840] Okay.
[01:28:21.840 --> 01:28:22.840] Thank you, Carlene.
[01:28:22.840 --> 01:28:23.840] Okay.
[01:28:23.840 --> 01:28:28.840] Now we're going to go back to Barrett in, was it Arizona, Nevada?
[01:28:28.840 --> 01:28:29.840] Arizona.
[01:28:29.840 --> 01:28:30.840] Hello, Barrett.
[01:28:30.840 --> 01:28:31.840] Hi.
[01:28:31.840 --> 01:28:32.840] All right.
[01:28:32.840 --> 01:28:37.840] I have a question about the magistrate thing.
[01:28:37.840 --> 01:28:40.840] Much, much better.
[01:28:40.840 --> 01:28:41.840] Phone.
[01:28:41.840 --> 01:28:42.840] Okay.
[01:28:42.840 --> 01:28:43.840] Okay.
[01:28:43.840 --> 01:28:48.840] I was arrested for not showing ID and they towed my vehicle.
[01:28:48.840 --> 01:28:49.840] Okay.
[01:28:49.840 --> 01:28:50.840] Hold on.
[01:28:50.840 --> 01:28:51.840] Hold on.
[01:28:51.840 --> 01:28:54.840] They don't take me to a magistrate immediately.
[01:28:54.840 --> 01:29:03.600] When do I start the clock and how long do they really have to get me to a magistrate
[01:29:03.600 --> 01:29:08.240] and when do I start the clock so I can get some money back for it?
[01:29:08.240 --> 01:29:09.240] Okay.
[01:29:09.240 --> 01:29:19.040] They start the clock immediately if they commit a due process violation, they become trespassers
[01:29:19.040 --> 01:29:20.320] ab initio.
[01:29:20.320 --> 01:29:23.960] That means from the beginning.
[01:29:23.960 --> 01:29:35.560] And under the federal law, primarily Gerstein Pugh and on jurisimprudence.website, I have
[01:29:35.560 --> 01:29:43.560] a habeas corpus and that habeas corpus tracks due process.
[01:29:43.560 --> 01:29:47.680] And under the general law, they must take you directly to the nearest magistrate by
[01:29:47.680 --> 01:29:53.320] the most direct route and officers only defense against a claim for failure to take before
[01:29:53.320 --> 01:29:56.800] a magistrate showing of due diligence and effort to locate.
[01:29:56.800 --> 01:29:57.800] Hang on.
[01:29:57.800 --> 01:29:58.800] Going to break.
[01:29:58.800 --> 01:29:59.800] Be right back.
[01:29:59.800 --> 01:30:06.480] Would you spend the entire day watching store surveillance videos if you didn't have to?
[01:30:06.480 --> 01:30:11.160] I didn't think so, but some people apparently would and they'll even pay for the privilege.
[01:30:11.160 --> 01:30:17.120] I'm Dr. Catherine Albrecht and I'll be right back to tell you about video voyeurs.
[01:30:17.120 --> 01:30:18.720] Privacy is under attack.
[01:30:18.720 --> 01:30:22.320] When you give up data about yourself, you'll never get it back again.
[01:30:22.320 --> 01:30:27.080] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.080 --> 01:30:32.160] So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:32.160 --> 01:30:34.840] Privacy, it's worth hanging on to.
[01:30:34.840 --> 01:30:39.120] This public service announcement is brought to you by Startpage.com, the private search
[01:30:39.120 --> 01:30:42.680] engine alternative to Google, Yahoo and Bing.
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[01:30:44.480 --> 01:30:50.960] Imagine sitting in the corner of a store watching people buy the same products day after boring
[01:30:50.960 --> 01:30:51.960] day.
[01:30:51.960 --> 01:30:56.800] That's the life of the average security camera, yawn, but a British company called Internet
[01:30:56.800 --> 01:30:59.880] Eyes gets people to pay to watch these video streams.
[01:30:59.880 --> 01:31:05.200] They pay around 20 bucks, then members log on to watch UK stores and streets for criminal
[01:31:05.200 --> 01:31:09.760] activity hoping to win a monthly prize for being the most eagle-eyed.
[01:31:09.760 --> 01:31:13.920] The plan is revolting, but it really went sour when members started posting YouTube
[01:31:13.920 --> 01:31:16.080] videos of the unsuspecting shoppers.
[01:31:16.080 --> 01:31:20.400] It's what you'd expect from the sort of person who enjoys watching surveillance cameras in
[01:31:20.400 --> 01:31:21.640] the first place.
[01:31:21.640 --> 01:31:23.440] Some people really need to get a life.
[01:31:23.440 --> 01:31:30.600] I'm Dr. Catherine Albrecht, 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 --> 01:31:41.360] The government says that fire brought it down, however, 1,500 architects and engineers concluded
[01:31:41.360 --> 01:31:43.000] it was a controlled demolition.
[01:31:43.000 --> 01:31:45.800] Over 6,000 of my fellow service members have given their lives.
[01:31:45.800 --> 01:31:48.440] Thousands of my fellow first responders are dying.
[01:31:48.440 --> 01:31:49.760] I'm not a conspiracy theorist.
[01:31:49.760 --> 01:31:50.760] I'm a structural engineer.
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[01:31:53.280 --> 01:31:54.960] I'm a father who lost his son.
[01:31:54.960 --> 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.
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[01:32:58.320 --> 01:33:00.920] You may not actually be kidding about chemtrails.
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[01:33:07.720 --> 01:33:14.960] Okay, we are back.
[01:33:14.960 --> 01:33:26.160] Randy Kelton, Root of the Radio, and we're talking to Barrett in Arizona.
[01:33:26.160 --> 01:33:29.600] Okay, here's the deal.
[01:33:29.600 --> 01:33:35.960] An officer, if he arrests without an existing warrant, or even if he arrests on an existing
[01:33:35.960 --> 01:33:42.160] warrant, he is required to take the person arrested directly to the nearest magistrate
[01:33:42.160 --> 01:33:45.000] by the most direct route.
[01:33:45.000 --> 01:33:55.400] The courts have ruled, if the officer gets a person before a magistrate within 48 hours,
[01:33:55.400 --> 01:34:01.400] their presumption is that the taking was timely.
[01:34:01.400 --> 01:34:06.380] And all that does is goes to presumption.
[01:34:06.380 --> 01:34:14.000] So if they get you to a magistrate within 48 hours, in order to establish a failure
[01:34:14.000 --> 01:34:22.240] to timely take, you would have to show that a magistrate was in fact available.
[01:34:22.240 --> 01:34:26.040] If they get you there before 48 hours, they don't have to show that one was available
[01:34:26.040 --> 01:34:28.380] unless you raise the issue.
[01:34:28.380 --> 01:34:35.160] If you show that one was available, then the presumption goes back to the taking was not
[01:34:35.160 --> 01:34:36.960] timely.
[01:34:36.960 --> 01:34:37.960] Does that make sense?
[01:34:37.960 --> 01:34:40.360] Prove that there was somebody available.
[01:34:40.360 --> 01:34:42.760] That's easy enough.
[01:34:42.760 --> 01:34:46.040] If it was during the week.
[01:34:46.040 --> 01:34:49.160] In Texas, you're required to take you to the nearest magistrate.
[01:34:49.160 --> 01:34:54.440] If a magistrate is not available, then they are to take you to the nearest county where
[01:34:54.440 --> 01:34:56.320] one is available.
[01:34:56.320 --> 01:35:04.200] So the first thing I ask them if I get arrested is I put in an information request and ask
[01:35:04.200 --> 01:35:10.800] the police department for a list of all magistrates in the county and all magistrates in all surrounding
[01:35:10.800 --> 01:35:12.720] counties.
[01:35:12.720 --> 01:35:18.520] And they always send me back the same answer saying we have no such list and we're not
[01:35:18.520 --> 01:35:21.240] required to create that list.
[01:35:21.240 --> 01:35:24.000] Oh, wonderful.
[01:35:24.000 --> 01:35:33.160] So that's admission that they not only made no due diligence effort to locate a magistrate,
[01:35:33.160 --> 01:35:38.000] they don't even know who they are.
[01:35:38.000 --> 01:35:41.920] So that's the first thing I do.
[01:35:41.920 --> 01:35:55.480] The next, if they make the arrest and then they violate a law in the process of incarcerating
[01:35:55.480 --> 01:35:59.240] you after they arrest you, if they violate law, they don't take you directly to the
[01:35:59.240 --> 01:36:01.280] nearest magistrate.
[01:36:01.280 --> 01:36:04.800] And they've denied you the full free access to or enjoyment of a right.
[01:36:04.800 --> 01:36:07.520] Now they become a trespasser having issue.
[01:36:07.520 --> 01:36:13.840] And I can't speak precisely to Arizona law, but I can speak to Texas law and Texas law
[01:36:13.840 --> 01:36:21.320] says that the arresting officer is responsible and he may not pass that duty off to someone
[01:36:21.320 --> 01:36:22.320] else.
[01:36:22.320 --> 01:36:23.320] Okay.
[01:36:23.320 --> 01:36:31.280] He can pass the duty off to someone else, but he is still responsible if they say the
[01:36:31.280 --> 01:36:35.640] jailer fails to perform the duty.
[01:36:35.640 --> 01:36:42.640] So you keep the arresting officer on the hook, then they give you to a jailer.
[01:36:42.640 --> 01:36:49.000] If the jailer doesn't take you directly to the nearest magistrate, now he's on the hook.
[01:36:49.000 --> 01:36:54.200] Everybody, this is my tar baby, everybody sticks to it.
[01:36:54.200 --> 01:36:57.360] So what's going to happen if you raise an issue here?
[01:36:57.360 --> 01:37:03.680] And from my perspective, the first issue to raise is not a suit.
[01:37:03.680 --> 01:37:10.680] The first issue to raise is official oppression or official misconduct.
[01:37:10.680 --> 01:37:14.080] Are the crimes committed against you?
[01:37:14.080 --> 01:37:16.880] They're criminal.
[01:37:16.880 --> 01:37:25.320] So when you raise the criminal aspect, then you go to that magistrate, they should have
[01:37:25.320 --> 01:37:35.040] brought you to and you prepare a verified criminal affidavit, accusing the officer of
[01:37:35.040 --> 01:37:40.400] official misconduct for failure to timely take you before a magistrate.
[01:37:40.400 --> 01:37:47.560] I don't know about Arizona, but in Texas, false imprisonment is not the crime.
[01:37:47.560 --> 01:37:51.000] False imprisonment is the cause of action.
[01:37:51.000 --> 01:37:54.780] The crime is kidnapping.
[01:37:54.780 --> 01:38:01.200] So you charge the officer with kidnapping and with official misconduct, and you give
[01:38:01.200 --> 01:38:06.680] that to the magistrate and the magistrate is going to refuse to take it.
[01:38:06.680 --> 01:38:11.080] All judges are magistrates.
[01:38:11.080 --> 01:38:14.080] This works even if you have a warrant?
[01:38:14.080 --> 01:38:17.080] Wait, say that again.
[01:38:17.080 --> 01:38:21.680] So this would work even if you had a warrant out for say a traffic thing or something.
[01:38:21.680 --> 01:38:25.000] Oh yeah, they're supposed to take you before a magistrate anyway.
[01:38:25.000 --> 01:38:26.000] Here's the deal.
[01:38:26.000 --> 01:38:35.880] If there was a warrant issued, the warrant was issued ex parte, they had a hearing and
[01:38:35.880 --> 01:38:37.440] a warrant was issued.
[01:38:37.440 --> 01:38:46.200] Somebody gave evidence to the judge that gave him probable cause to issue the warrant, but
[01:38:46.200 --> 01:38:53.120] you weren't there to rebut because if you were there, the warrant would never be issued.
[01:38:53.120 --> 01:38:59.560] And if you get the warrant and read it, I guarantee you what it's going to say.
[01:38:59.560 --> 01:39:05.640] Arrest this person and bring him before me.
[01:39:05.640 --> 01:39:11.420] If I'm not available, you can take him to any other magistrate in the county.
[01:39:11.420 --> 01:39:16.240] But this magistrate issued the warrant ex parte.
[01:39:16.240 --> 01:39:21.640] So now they need to bring him back, bring you back before that magistrate so he can
[01:39:21.640 --> 01:39:27.240] give you opportunity to exercise your rights concerning the issuance of the warrant and
[01:39:27.240 --> 01:39:33.440] make a proper determination of probable cause with both parties present.
[01:39:33.440 --> 01:39:36.960] But they don't do that.
[01:39:36.960 --> 01:39:43.720] And that's been in law since 1216 AD.
[01:39:43.720 --> 01:39:48.040] When the Dukes drug King John down to the River Thames and threatened to cut his head
[01:39:48.040 --> 01:39:52.600] off if he didn't sign the Magna Carta like he had agreed to before the Dukes kicked the
[01:39:52.600 --> 01:39:56.800] French out of England.
[01:39:56.800 --> 01:40:00.160] So it's been in law since 1216.
[01:40:00.160 --> 01:40:04.280] It's not like it's new guys.
[01:40:04.280 --> 01:40:10.680] So you take the complaints to the magistrate that they didn't claim that they didn't take
[01:40:10.680 --> 01:40:18.400] you directly to that magistrate and file criminal complaints against the police officer, kidnapping
[01:40:18.400 --> 01:40:25.080] and official misconduct.
[01:40:25.080 --> 01:40:32.040] Say what the jailer to the, now I was getting to that, then you filed against the jailer
[01:40:32.040 --> 01:40:37.960] for acting in concert and collusion, Fisher misconduct, kidnapping.
[01:40:37.960 --> 01:40:42.240] If there was a magistrate at the jail, did they take you before a magistrate at the jail
[01:40:42.240 --> 01:40:43.240] that set bail?
[01:40:43.240 --> 01:40:51.560] Well, no, I'm just, they've, I've been arrested a whole bunch of times for just small traffic
[01:40:51.560 --> 01:40:55.360] stuff and failure to appear and you know, stuff like that.
[01:40:55.360 --> 01:40:56.360] Okay.
[01:40:56.360 --> 01:41:01.880] When they arrest you, they take you to jail, do they take you to a magistrate at the jail?
[01:41:01.880 --> 01:41:05.240] I have never been taken to a magistrate at the jail ever.
[01:41:05.240 --> 01:41:10.760] I've always had to wait till Monday or, or they have a weekend magistrate where they'll
[01:41:10.760 --> 01:41:14.480] release people on the cognance or whatever.
[01:41:14.480 --> 01:41:22.840] Okay, let's, let's talk about that magistrate when you first go before the magistrate, is
[01:41:22.840 --> 01:41:24.960] there a prosecutor present?
[01:41:24.960 --> 01:41:29.320] Well, that would be like a rain man or something.
[01:41:29.320 --> 01:41:30.320] My first appearance.
[01:41:30.320 --> 01:41:38.320] No, no, no, no, no, this is before a magistrate, not a judge.
[01:41:38.320 --> 01:41:41.960] So if they arrest you, I thought that they were the same thing.
[01:41:41.960 --> 01:41:42.960] I thought judges.
[01:41:42.960 --> 01:41:43.960] No, no, no, no.
[01:41:43.960 --> 01:41:44.960] Listen carefully.
[01:41:44.960 --> 01:41:50.240] There's not the same thing in Texas.
[01:41:50.240 --> 01:41:56.280] Most of the laws are relatively consistent in Texas.
[01:41:56.280 --> 01:42:01.600] An arraignment is described in chapter 26 code of criminal procedure.
[01:42:01.600 --> 01:42:10.200] It says in every case of a felony or a misdemeanor punishable by imprisonment, there may be an
[01:42:10.200 --> 01:42:12.920] arraignment.
[01:42:12.920 --> 01:42:17.840] An arraignment is a hearing for the purpose of determining the identity of the accused
[01:42:17.840 --> 01:42:25.800] and taking a plea, but the only time they can hold an arraignment is in a felony or
[01:42:25.800 --> 01:42:35.440] misdemeanor punishable by imprisonment, not a class C misdemeanor check Arizona law.
[01:42:35.440 --> 01:42:43.920] I know what they do, but understand in every state I've looked at every step from arrest
[01:42:43.920 --> 01:42:51.000] to trial is presently practiced, not only wrong, it is very specifically against particular
[01:42:51.000 --> 01:42:55.840] law and it's not just against particular law.
[01:42:55.840 --> 01:43:01.480] It's against particular law for a very specific reason.
[01:43:01.480 --> 01:43:07.040] Every step is carefully crafted to ensure that any person accused of crime will have
[01:43:07.040 --> 01:43:12.600] no reasonable alternative to taking a deal.
[01:43:12.600 --> 01:43:17.880] And that's why the average conviction rate in every place I've looked is on the order
[01:43:17.880 --> 01:43:22.120] of 99.6%.
[01:43:22.120 --> 01:43:29.800] That's precisely what it is in Texas, worst police state the world has ever seen.
[01:43:29.800 --> 01:43:32.280] My far.
[01:43:32.280 --> 01:43:36.560] Washington is pretty bad too, Washington state, that's pretty bad.
[01:43:36.560 --> 01:43:40.080] Every state I've been to, it's almost identical what they do.
[01:43:40.080 --> 01:43:48.920] So we do what I call working the routine on them, we take a set of complaints to the magistrate
[01:43:48.920 --> 01:43:53.960] and he says I have to go to break, hang on, about to go to break, Brandon Kelton, Rue
[01:43:53.960 --> 01:44:00.720] of Law radio, we'll be right back.
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[01:46:23.360 --> 01:46:25.360] Okay, we are back.
[01:46:25.360 --> 01:46:30.360] We're in Kelton with our radio and we're talking to Barrett in Arizona.
[01:46:30.360 --> 01:46:32.360] Okay, Barrett.
[01:46:32.360 --> 01:46:41.360] Arizona Revised Statutes, Rules of Criminal Procedure, Rule 4.
[01:46:41.360 --> 01:46:43.360] Timeliness of appearance before a magistrate.
[01:46:43.360 --> 01:46:48.360] A person arrested shall be taken before a magistrate without unnecessary delay.
[01:46:48.360 --> 01:46:54.360] If a person is not brought before a magistrate within 24 hours after arrest, he or she shall
[01:46:54.360 --> 01:46:57.360] immediately be released.
[01:46:57.360 --> 01:47:01.360] On arrest without a warrant, a person arrested without a warrant shall be taken before the
[01:47:01.360 --> 01:47:07.360] nearest magistrate or most successful magistrate in the county of the arrest whereupon a complaint,
[01:47:07.360 --> 01:47:11.360] if one has not already been filed, shall promptly be prepared and filed.
[01:47:11.360 --> 01:47:17.360] If a complaint is not filed within 48 hours from the time of the initial appearance before
[01:47:17.360 --> 01:47:22.360] the magistrate, the defendant shall be released from jail and the preliminary hearing date,
[01:47:22.360 --> 01:47:27.360] if any, shall be vacated.
[01:47:27.360 --> 01:47:38.360] Okay, what I was looking for is what in Arizona constitutes your rights at an examining trial.
[01:47:38.360 --> 01:47:42.360] I haven't found that one yet.
[01:47:42.360 --> 01:47:50.360] So, how does that sound compared to the arrests that you've had, Barrett?
[01:47:50.360 --> 01:47:58.360] Oh, well, a lot of times when I was arrested, say on a Friday or Saturday even, most of
[01:47:58.360 --> 01:48:05.360] the time I wouldn't see a judge until Monday and I was just wondering, I guess the clock
[01:48:05.360 --> 01:48:15.360] doesn't start, well, it starts immediately, technically, but I would file against the
[01:48:15.360 --> 01:48:21.360] cop first and I would go to the city hall and file against the cop and then also for
[01:48:21.360 --> 01:48:27.360] the cop and then, well, I don't know, the city.
[01:48:27.360 --> 01:48:29.360] The city, you want to file against the city.
[01:48:29.360 --> 01:48:31.360] That's the one with deep pockets.
[01:48:31.360 --> 01:48:35.360] They're going to give the cop qualified immunity.
[01:48:35.360 --> 01:48:42.360] But there's one time when cities waive their sovereign immunity.
[01:48:42.360 --> 01:48:45.360] That's false imprisonment.
[01:48:45.360 --> 01:48:48.360] So, they're not immune from a suit for false imprisonment.
[01:48:48.360 --> 01:48:57.360] So, I wouldn't even bother suing the cop, suing the city because if this is an ongoing
[01:48:57.360 --> 01:49:05.360] chronic issue, then it must be presumed that the police officer is following policy and
[01:49:05.360 --> 01:49:12.360] thereby he can claim good faith reliance on competent authority.
[01:49:12.360 --> 01:49:18.360] It's the competent authority that is the problem, which is the city, so he sued the mayor.
[01:49:18.360 --> 01:49:22.360] And we've got Olivier in Tennessee.
[01:49:22.360 --> 01:49:30.360] He has been working these guys over for just exactly this issue.
[01:49:30.360 --> 01:49:36.360] Well, I wouldn't know how much to ask for in a suit, like five grand or ten.
[01:49:36.360 --> 01:49:38.360] No, no, no, just do, okay.
[01:49:38.360 --> 01:49:44.360] There's a Travizant case that most everybody uses out of Florida.
[01:49:44.360 --> 01:49:51.360] He was held for 20 minutes and I think they gave him 66,000.
[01:49:51.360 --> 01:49:59.360] Whatever it was, it came out to like $20,000 a minute or $20,000 an hour.
[01:49:59.360 --> 01:50:04.360] But just do a search on the internet for false imprisonment.
[01:50:04.360 --> 01:50:09.360] Do false imprisonment case law and you'll find some claims and you can see what claims were made
[01:50:09.360 --> 01:50:11.360] and what were granted.
[01:50:11.360 --> 01:50:12.360] For Arizona?
[01:50:12.360 --> 01:50:13.360] Yeah.
[01:50:13.360 --> 01:50:17.360] Yeah, just do false imprisonment Arizona and you'll get hits on cases.
[01:50:17.360 --> 01:50:19.360] And you look through the cases.
[01:50:19.360 --> 01:50:23.360] You look through two or three of them and then you'll understand all the elements
[01:50:23.360 --> 01:50:26.360] because they'll be pretty much the same on all of them.
[01:50:26.360 --> 01:50:32.360] It'll tell you how to prepare the charge, what case law they're using.
[01:50:32.360 --> 01:50:38.360] You've got lawyers who specialize in these different things.
[01:50:38.360 --> 01:50:46.360] And 50% of all of the work lawyers get tends to be referrals from other lawyers.
[01:50:46.360 --> 01:50:50.360] So they want other lawyers to know what they're good at.
[01:50:50.360 --> 01:50:57.360] So they prepare their best pleadings and briefs and they post them on the internet.
[01:50:57.360 --> 01:50:59.360] And you can find these.
[01:50:59.360 --> 01:51:04.360] I don't even bother with LexisNexis anymore, Lexis or Westlaw.
[01:51:04.360 --> 01:51:06.360] It's a waste of time.
[01:51:06.360 --> 01:51:09.360] I do a lot better with Google.
[01:51:09.360 --> 01:51:10.360] With what?
[01:51:10.360 --> 01:51:11.360] With Google.
[01:51:11.360 --> 01:51:14.360] I just Google whatever the issue is.
[01:51:14.360 --> 01:51:18.360] If I want to do Arizona, like I've got it up right now,
[01:51:18.360 --> 01:51:31.360] I'll do Arizona Examining Trial Case Law.
[01:51:31.360 --> 01:51:37.360] And I got State v. Jensen, State v. Schultz, State v. Draper,
[01:51:37.360 --> 01:51:41.360] Criminal Defense Motions Practice for Criminal Justice,
[01:51:41.360 --> 01:51:45.360] steps in a mock trial, let's see.
[01:51:45.360 --> 01:51:50.360] You get all of these lawyers posting their best stuff
[01:51:50.360 --> 01:51:52.360] because they want other lawyers to see it.
[01:51:52.360 --> 01:51:56.360] And then when they need this specialty, they call this guy.
[01:51:56.360 --> 01:51:59.360] So you find all this good stuff in here.
[01:51:59.360 --> 01:52:02.360] I tell people if you're writing legal pleadings
[01:52:02.360 --> 01:52:10.360] and you're doing more than just changing lead-outs and lead-ins and changing case intents,
[01:52:10.360 --> 01:52:14.360] then you're not doing enough research.
[01:52:14.360 --> 01:52:21.360] If you do enough research, 90% of all your legal writing will be plagiarism.
[01:52:21.360 --> 01:52:24.360] You don't want to write this stuff yourself.
[01:52:24.360 --> 01:52:30.360] You want to get a court decision like State v. Draper
[01:52:30.360 --> 01:52:39.360] and copy your claims from the court order.
[01:52:39.360 --> 01:52:43.360] And when the court reads it, they'll recognize the style
[01:52:43.360 --> 01:52:47.360] and structure of the writing and they'll know what you've done.
[01:52:47.360 --> 01:52:50.360] But you plagiarize this, you cut this out of a court order,
[01:52:50.360 --> 01:52:54.360] and that gives it cretins.
[01:52:54.360 --> 01:52:58.360] Plagiarize, what do you mean by that?
[01:52:58.360 --> 01:53:05.360] Well, find other court cases where the judges have made rulings on your issue
[01:53:05.360 --> 01:53:17.360] and grab that ruling and drop it in your suit in support of your claim.
[01:53:17.360 --> 01:53:20.360] Don't write out all these claims yourself.
[01:53:20.360 --> 01:53:25.360] Look at these suits these other guys filed and take their stuff and use it.
[01:53:25.360 --> 01:53:29.360] All you got to do is make slight adjustments so it meets your case.
[01:53:29.360 --> 01:53:31.360] Right, right.
[01:53:31.360 --> 01:53:35.360] So somebody could, you know, just for getting arrested for a weekend
[01:53:35.360 --> 01:53:37.360] or even just for several hours, you know,
[01:53:37.360 --> 01:53:40.360] you could put like a little down payment on a house or something, right?
[01:53:40.360 --> 01:53:44.360] Oh, yeah, it's hard to win these cases.
[01:53:44.360 --> 01:53:48.360] But once you do it two or three times, you'll get the feel for it
[01:53:48.360 --> 01:53:55.360] and most likely bring them to the table and get them to make you a deal.
[01:53:55.360 --> 01:54:02.360] Oh, okay. Oh, and can I hear this program on the Internet say tomorrow
[01:54:02.360 --> 01:54:04.360] or the next day or the next day?
[01:54:04.360 --> 01:54:09.360] Oh, yeah, just go to Rule of Law Radio or Logos Radio Network,
[01:54:09.360 --> 01:54:12.360] and you can pull our archives.
[01:54:12.360 --> 01:54:17.360] Have you pretty much given me all the information I need if I re-listen to it?
[01:54:17.360 --> 01:54:20.360] No. Oh, no, no.
[01:54:20.360 --> 01:54:24.360] There's a lot more information.
[01:54:24.360 --> 01:54:28.360] But I've given you what you need to start.
[01:54:28.360 --> 01:54:33.360] I could spend four hours feeding you with a fire hose.
[01:54:33.360 --> 01:54:34.360] Right, right.
[01:54:34.360 --> 01:54:37.360] But you wouldn't be able to absorb it.
[01:54:37.360 --> 01:54:40.360] When are you guys on the next time? When are you guys on the next?
[01:54:40.360 --> 01:54:46.360] I'm on every Thursday and Friday nights, 8 o'clock to 10 o'clock Thursday,
[01:54:46.360 --> 01:54:51.360] 8 to midnight Friday Central Time.
[01:54:51.360 --> 01:54:55.360] Okay, all right. Thank you for the information.
[01:54:55.360 --> 01:55:00.360] You can go to Logos Radio Network and pull all our archives.
[01:55:00.360 --> 01:55:05.360] All our archives are free. You can listen to our back shows.
[01:55:05.360 --> 01:55:08.360] I go over this quite a bit.
[01:55:08.360 --> 01:55:13.360] I haven't lately, but I just haven't had questions on it,
[01:55:13.360 --> 01:55:16.360] but I do like to go over this as often as I can.
[01:55:16.360 --> 01:55:23.360] You'll hear Olivier and what he's doing. He is kicking behind on exactly the same issues.
[01:55:23.360 --> 01:55:26.360] I plan on trying to do that.
[01:55:26.360 --> 01:55:29.360] Okay. All right. Well, thanks, guys.
[01:55:29.360 --> 01:55:33.360] Okay. Thank you, Barrett. Now we're going to go to David in South Dakota.
[01:55:33.360 --> 01:55:35.360] Hello, David.
[01:55:35.360 --> 01:55:37.360] Hello, Randy. Can you hear me fine?
[01:55:37.360 --> 01:55:39.360] Yes, I can.
[01:55:39.360 --> 01:55:44.360] All right. I have just a little bit here to discuss.
[01:55:44.360 --> 01:55:50.360] Do you know the situation in Texas where all the early polls are coming out?
[01:55:50.360 --> 01:55:55.360] If you vote a straight ticket, they don't record your vote for president?
[01:55:55.360 --> 01:55:57.360] Yes.
[01:55:57.360 --> 01:56:05.360] Follow that? Anyway, I think the governor down there has got clean hands.
[01:56:05.360 --> 01:56:12.360] Harmon sent me an email today, and that's what he basically conveyed to me.
[01:56:12.360 --> 01:56:15.360] But that's not the reason for my call.
[01:56:15.360 --> 01:56:19.360] Randy, let's assume that you were one of those people that stood in line.
[01:56:19.360 --> 01:56:23.360] They say two in 300 people are some of the polls to early vote,
[01:56:23.360 --> 01:56:27.360] and you, at your age, were standing that line.
[01:56:27.360 --> 01:56:34.360] And you discovered that you voted a straight blue ticket, excuse me, a red ticket,
[01:56:34.360 --> 01:56:41.360] and that they, in fact, did not record the vote for president.
[01:56:41.360 --> 01:56:51.360] What kind of remedy would you have, either to start off with,
[01:56:51.360 --> 01:56:55.360] assume it happened to you and it got under your collar?
[01:56:55.360 --> 01:57:06.360] Well, this is difficult, because how would I prove that they didn't count my vote?
[01:57:06.360 --> 01:57:13.360] I have accusations that it's not counting the vote for president, but how would I prove that?
[01:57:13.360 --> 01:57:20.360] Can you ask for a copy of the result when it comes out of the machine?
[01:57:20.360 --> 01:57:31.360] This is what this guy Ingram was trying to, he was passing rules so that they had a waiver
[01:57:31.360 --> 01:57:35.360] and wouldn't have to create those printouts.
[01:57:35.360 --> 01:57:37.360] Paper printouts.
[01:57:37.360 --> 01:57:41.360] Yeah, they're trying to, he's trying to get it so there's no way to verify.
[01:57:41.360 --> 01:57:45.360] What's this? I'm looking in my notes for this guy's name.
[01:57:45.360 --> 01:57:48.360] Keith Ingram.
[01:57:48.360 --> 01:57:57.360] Yeah, he's in charge of the Secretary of State in Texas, in the same office, and he's in charge of voting.
[01:57:57.360 --> 01:58:09.360] What would probably just off the top of my head be the best approach would be a private attorney general suit against Keith Ingram.
[01:58:09.360 --> 01:58:18.360] Or against the Greg Abbott as respondee at Superior for Keith Ingram.
[01:58:18.360 --> 01:58:24.360] You'd want to pull Abbott in even though you believe he was...
[01:58:24.360 --> 01:58:28.360] Oh, he's respondee at Superior.
[01:58:28.360 --> 01:58:30.360] He's Superior for Ingram, isn't he?
[01:58:30.360 --> 01:58:33.360] Yeah, Ingram don't work for me.
[01:58:33.360 --> 01:58:41.360] I didn't hire him and I didn't train him and I didn't direct him in his performance of his duty, Greg Abbott did that.
[01:58:41.360 --> 01:58:50.360] Hang on, about to go to break, Randy Kelton, Wheel of Law Radio, we'll be right back.
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