ROL_2017-03-30_16k.timecode

[00:00.000 --> 00:05.440]  The following news flash is brought to you by The Lone Star Lowdown.
[00:05.440 --> 00:12.360]  Markets for Wednesday, 29 March 2017 are currently trading with gold at $1,253.03 an ounce, silver
[00:12.360 --> 00:21.400]  $18.20 an ounce, Texas Crude $48.37 a barrel and Bitcoin is sitting at 1,043 U.S. currency.
[00:21.400 --> 00:27.120]  Today in history, the year 1882, the Knights of Columbus, the world's largest Catholic
[00:27.120 --> 00:32.160]  fraternal service organization are established, originally serving as a mutual benefit society
[00:32.160 --> 00:35.280]  to working class and immigrant Catholics in the United States.
[00:35.280 --> 00:39.360]  It developed into a fraternal benefit society dedicated to providing charitable services,
[00:39.360 --> 00:44.560]  promoting Catholic education and Catholic public policy, and actively defending Catholicism
[00:44.560 --> 00:46.000]  in various nations.
[00:46.000 --> 00:50.640]  With roughly two million members consisting of Catholic men age 18 and older and nearly
[00:50.640 --> 00:55.400]  15,000 councils, the Knights of Columbus consists of four different degrees and the order is
[00:55.400 --> 00:58.520]  a member of the International Alliance of Catholic Knights.
[00:58.520 --> 01:03.520]  The KFC founded today in history.
[01:03.520 --> 01:07.800]  In recent years, David Robert Deleiden and Sandra Merritt were charged Tuesday yesterday
[01:07.800 --> 01:12.320]  by California Attorney General Xavier Becerra with 15 felony counts of violating the privacy
[01:12.320 --> 01:13.320]  of healthcare providers.
[01:13.320 --> 01:17.520]  If you recall, they are the two anti-abortion activists who pose as alternative identities
[01:17.520 --> 01:21.960]  in a fictitious bioresearch company to meet Planned Parenthood officials secretly recording
[01:21.960 --> 01:26.560]  their conversations leading to the selling of fetal tissue in organs for profit scandal.
[01:26.560 --> 01:32.800]  The charge consists of 14 instances between October 2013 and July of 2015 where Deleiden
[01:32.800 --> 01:36.360]  and Merritt filmed Planned Parenthood personnel without permission.
[01:36.360 --> 01:40.720]  They are facing a felony count for each person they discreetly recorded along with an additional
[01:40.720 --> 01:44.120]  felony charge for criminal conspiracy to invade privacy.
[01:44.120 --> 01:47.760]  Mary Alice Carter, Interim Vice President of Communications for Planned Parenthood,
[01:47.760 --> 01:52.000]  Federation of America, said in a statement Tuesday that the nationwide investigation
[01:52.000 --> 01:55.760]  have made it clear that Planned Parenthood has done nothing wrong and that the only people
[01:55.760 --> 02:01.080]  who broke the law are those behind the fraudulent tapes.
[02:01.080 --> 02:06.040]  Abidemi Ajiboye, Assistant Professor at Case Western Reserve University, lead author of
[02:06.040 --> 02:10.640]  a research paper published yesterday Tuesday in the Lancet, stated that we have been able
[02:10.640 --> 02:15.600]  to make the electrical signals which represent thoughts and use that to control simulations
[02:15.600 --> 02:17.120]  of the arm and hand.
[02:17.120 --> 02:21.400]  Its experimental new technology is being called neuroprostetics, expected to be available
[02:21.400 --> 02:23.720]  to the general public in five to ten years.
[02:23.720 --> 02:27.960]  The tech relies on creating an entirely new neurological central nervous connection between
[02:27.960 --> 02:32.440]  the brain and a paralyzed limb by implanting an electrode array which is used to detect
[02:32.440 --> 02:37.200]  and record brain signals from the motor cortex of the brain and then uses those signals to
[02:37.200 --> 02:39.360]  actuate movements from mechanical limbs.
[02:39.360 --> 02:44.480]  Robert Kirsch, a professor of biomedical engineering at Case Western told NPR essentially
[02:44.480 --> 02:49.400]  that we have an algorithm that sort of transforms neural signals into movement and that the
[02:49.400 --> 02:52.400]  code is in our brain.
[02:52.400 --> 03:20.400]  This was Rick Brody with your lowdown for March 29, 2017.
[03:20.400 --> 03:39.000]  Okay, howdy, howdy.
[03:39.000 --> 03:48.880]  This is Randy Kelton, David Stevens with our radio on this the 30th day of March, 2017.
[03:48.880 --> 03:55.440]  And we have a co-host on today, Mr. Dan Reel out of Connecticut.
[03:55.440 --> 03:56.440]  Hello Dan.
[03:56.440 --> 03:57.440]  Oh, okay.
[03:57.440 --> 03:58.440]  Hey guys, long time no hear.
[03:58.440 --> 03:59.440]  Oh, there you go.
[03:59.440 --> 04:00.440]  You sound more intelligent when I have you muted.
[04:00.440 --> 04:01.440]  Okay, I got you muted.
[04:01.440 --> 04:02.440]  I owed him that one.
[04:02.440 --> 04:03.440]  Okay.
[04:03.440 --> 04:04.440]  Go ahead, Dan.
[04:04.440 --> 04:05.440]  Yeah.
[04:05.440 --> 04:24.680]  So just by way of background, I got my training way, way back in the day, I think, what was
[04:24.680 --> 04:27.680]  it, nine years ago when I first called in?
[04:27.680 --> 04:29.440]  Yeah, something like that.
[04:29.440 --> 04:31.440]  It was a long time ago.
[04:31.440 --> 04:33.600]  Yeah, something like that.
[04:33.600 --> 04:39.680]  And ever since I've sharpened my skills, I have become a paralegal, I went to the Connecticut
[04:39.680 --> 04:42.800]  Supreme Court only once, pro se.
[04:42.800 --> 04:47.240]  I got somebody boosted from a public office by court order.
[04:47.240 --> 04:51.440]  I got a writ of court warrant to throw in the usurper of the public office out and a
[04:51.440 --> 04:55.000]  writ of manamance putting the correct person back in.
[04:55.000 --> 04:56.560]  And what is it?
[04:56.560 --> 05:01.720]  It's been several hundred cases later, three appellate wins later.
[05:01.720 --> 05:07.880]  And I am ticking butt and ticking names and Randy, you have created a monster.
[05:07.880 --> 05:09.600]  That's why I do this show.
[05:09.600 --> 05:17.600]  Dan is one of the reasons that I keep doing this show after all of this time.
[05:17.600 --> 05:24.600]  He has, just from talking to him, he's outstripped the master and that's the high compliment
[05:24.600 --> 05:25.600]  for me indeed.
[05:25.600 --> 05:28.680]  And I'm hoping I can find some more.
[05:28.680 --> 05:34.680]  We have a number of people around the country that are doing this, but few are as adept
[05:34.680 --> 05:35.840]  as Dan is.
[05:35.840 --> 05:40.520]  So that's why I wanted to get him on as a co-host.
[05:40.520 --> 05:41.520]  We have a caller.
[05:41.520 --> 05:43.080]  I'll go to him in a moment.
[05:43.080 --> 05:52.120]  I am, I finally got a programmer on board and this electronic lawyer that I've been working
[05:52.120 --> 05:59.160]  on so far in the last month or two, I've made some major strides.
[05:59.160 --> 06:06.440]  One of the big problems with it is when you try to build a questionnaire on a single issue
[06:06.440 --> 06:14.000]  that addresses every conceivable permutation of that issue and you do it through a questionnaire.
[06:14.000 --> 06:18.800]  The questionnaire gets very, very large.
[06:18.800 --> 06:28.560]  And just in the last few weeks, we've worked out some recursion tools that have dramatically
[06:28.560 --> 06:32.720]  shrunk the size of the questionnaire.
[06:32.720 --> 06:37.320]  And so now the problem is, as I opened one of these questionnaires on my wife's brand
[06:37.320 --> 06:44.760]  new laptop and it took it 30 minutes to get the file open and it would take it 10 minutes
[06:44.760 --> 06:46.920]  to respond to one mouse click.
[06:46.920 --> 06:48.760]  So that was a problem.
[06:48.760 --> 06:52.640]  And now with this new recursion technique, it's blistering fast.
[06:52.640 --> 06:55.040]  So now I have a programmer on board.
[06:55.040 --> 07:03.080]  We're building a tool online and I'm going to make this available in an alpha format to
[07:03.080 --> 07:05.080]  everybody who's bought the ebook.
[07:05.080 --> 07:11.720]  If you get a ticket, you just go in there, fill in the input page and this thing will
[07:11.720 --> 07:19.880]  burp you out a whole stack of documents when Dr. Graves talks about the beginning of a
[07:19.880 --> 07:23.560]  case and that flurry of motions.
[07:23.560 --> 07:29.120]  Well, this thing will spit you out a flurry of motions and we're going to use this as
[07:29.120 --> 07:34.720]  an alpha so we can get feedback and everything's not right with it yet because it's new.
[07:34.720 --> 07:38.600]  We're going to have things we haven't anticipated.
[07:38.600 --> 07:48.000]  And as we get feedback, we'll steadily develop this thing and I have driving while intoxicated
[07:48.000 --> 07:50.400]  almost ready.
[07:50.400 --> 07:58.400]  We'll add that one in next and I brought that up as a demo because it's a real common issue
[07:58.400 --> 08:00.360]  that's of major importance to people.
[08:00.360 --> 08:05.160]  So that'll be the second one and we'll just start adding in questionnaires for different
[08:05.160 --> 08:07.360]  issues as we go along.
[08:07.360 --> 08:11.320]  So, finally, after all these years, we've got something going on that.
[08:11.320 --> 08:17.240]  Okay, we do have a caller, we have Jack from Texas, hello Jack, what do you have for us
[08:17.240 --> 08:18.240]  today?
[08:18.240 --> 08:27.800]  Hello Randy, I've got a question, we've got several questions but let me begin with telling
[08:27.800 --> 08:37.800]  you what happened, my sister got arrested Sunday for supposedly assaulting her husband.
[08:37.800 --> 08:41.960]  Wait a minute, I couldn't understand that, your mic is distorting somewhat.
[08:41.960 --> 08:45.000]  Can you kind of move your mic down away from your mouth a little bit?
[08:45.000 --> 08:51.160]  Yeah, it's done by my channel, I'm out in the country and it's a VoIP line and the internet
[08:51.160 --> 08:57.120]  connection isn't the greatest so I'll just have to speak up and if I break up, let me
[08:57.120 --> 08:58.720]  know and I'll repeat everything.
[08:58.720 --> 09:01.720]  Okay, you sound better now.
[09:01.720 --> 09:08.480]  Okay, all right, so my sister was arrested Sunday and I've been listening to you guys
[09:08.480 --> 09:17.440]  for a while, she did not go before a magistrate, she was arrested in the afternoon, on Sunday
[09:17.440 --> 09:25.040]  she didn't see anyone until she saw a judge around 7 a.m. the next morning.
[09:25.040 --> 09:32.480]  Now, I have been reading because I remember I took notes in one of your past shows about
[09:32.480 --> 09:41.000]  the Texas Code of Criminal Disease, chapter 14, 15 and 16, I have read chapters 14 and
[09:41.000 --> 09:48.840]  15, article 14.06, part of it says...
[09:48.840 --> 10:00.520]  Okay, 14.06 tells an officer if he arrests someone, chapter 14 is arrest without a warrant.
[10:00.520 --> 10:06.080]  14.06 says that when a police officer arrests someone without a warrant, he is to take him
[10:06.080 --> 10:12.720]  directly to the nearest magistrate and in 2.11, Texas Code of Criminal Procedure says
[10:12.720 --> 10:16.880]  that when a magistrate sits for the purpose of examining into a criminal accusation, that
[10:16.880 --> 10:25.480]  is an examining trial and an examining trial is controlled by chapter 16.
[10:25.480 --> 10:32.760]  Now your sister was arrested and brought before a magistrate the next day and almost certainly
[10:32.760 --> 10:40.760]  the magistrate performed what they call a magistration, but if you type magistration
[10:40.760 --> 10:46.920]  into Microsoft Word, it puts this little red line under it, it doesn't recognize it.
[10:46.920 --> 10:50.760]  Well, I don't either, they made it up.
[10:50.760 --> 11:05.560]  What they do is a hearing that's referenced in 15.17, chapter 15 is arrest with a warrant.
[11:05.560 --> 11:13.600]  And under 15.17, if you are arrested on an existing warrant outside the county where
[11:13.600 --> 11:21.840]  the warrant was issued, then they do this thing they call a magistration.
[11:21.840 --> 11:29.160]  But what the local jurisdictions do is all they ever do is a magistration.
[11:29.160 --> 11:38.040]  Jack, the one thing you need to go and put into writing a written request to the clerk
[11:38.040 --> 11:50.520]  for a copy of the order issued by the magistrate under 16.17, Texas Code of Criminal Procedure.
[11:50.520 --> 11:52.800]  Are you familiar with that one, Jack?
[11:52.800 --> 11:54.800]  No, not quite.
[11:54.800 --> 11:59.560]  Now, I do have a couple of questions about chapter 16.17, I just got one.
[11:59.560 --> 12:03.280]  Okay, hold on, let me go to this and then we'll go to your questions.
[12:03.280 --> 12:13.160]  16.17 says that after an examining trial, the judge must issue an order stating whether
[12:13.160 --> 12:20.080]  he binds the person to jail, to the court, releases him and his liberty, releases him
[12:20.080 --> 12:24.000]  on bail, or imagine to the jail.
[12:24.000 --> 12:35.680]  If no order is issued within 48 hours, a finding of no probable cause is entered in the court.
[12:35.680 --> 12:45.720]  So you want to go to the clerk of the Court of Jurisdiction and request a copy of the
[12:45.720 --> 12:50.560]  order issued under 16.17, Texas Code of Criminal Procedure.
[12:50.560 --> 12:55.240]  And they're going to send you back a response saying we have no records responsive to your
[12:55.240 --> 12:56.240]  request.
[12:56.240 --> 12:57.240]  Okay.
[12:57.240 --> 12:59.240]  Go ahead, Jack.
[12:59.240 --> 13:00.240]  Okay.
[13:00.240 --> 13:10.360]  So I got all that and I do have some questions about chapter 16 as well.
[13:10.360 --> 13:17.880]  But now, I'm looking at chapter 14, article 14.06 and I'm going to read you just a message.
[13:17.880 --> 13:22.440]  Okay, hold on before I need one question.
[13:22.440 --> 13:28.880]  Was your sister arrested on an existing warrant or an on-site offense?
[13:28.880 --> 13:37.440]  It was an on-site, well, it wasn't even on-site offense, but it was not an existing warrant.
[13:37.440 --> 13:38.440]  Okay.
[13:38.440 --> 13:43.920]  In that case, 15.17 absolutely will not apply.
[13:43.920 --> 13:47.400]  Okay, go ahead, you had a question.
[13:47.400 --> 14:00.440]  Okay, on 14.06, article 14.06, it says, the person making the arrest or the person having
[14:00.440 --> 14:06.520]  custody of the person arrested shall take the person arrested or have him taken without
[14:06.520 --> 14:15.560]  unnecessary delay, but not later than 48 hours after the person is arrested before the magistrate.
[14:15.560 --> 14:24.160]  Now my question is, it was like 17 hours before she saw anybody, is that constitute an unnecessary
[14:24.160 --> 14:25.560]  delay?
[14:25.560 --> 14:34.520]  Riverside v. McLaughlin states that essentially that an officer's only defense against an
[14:34.520 --> 14:42.160]  allegation of failure to timely take before a magistrate is a showing of due diligence
[14:42.160 --> 14:45.000]  in effort to locate a magistrate.
[14:45.000 --> 14:53.080]  So the 48 hours is just a maximum time limit.
[14:53.080 --> 14:59.400]  The code requires them to be taken directly to the nearest magistrate.
[14:59.400 --> 15:06.480]  That's a Boyd, something Boyd does.
[15:06.480 --> 15:07.480]  I'll think of it in a minute.
[15:07.480 --> 15:27.960]  In 1921 case, a guy is cutting a road with a maintainer, the owner of the property comes
[15:27.960 --> 15:30.800]  out and says, hey, you can't cut that road there, and he says, yeah, my boss told me
[15:30.800 --> 15:31.800]  to.
[15:31.800 --> 15:32.800]  So you got to cut, cut, quit cutting the roads.
[15:32.800 --> 15:33.800]  It ain't quit cutting the road.
[15:33.800 --> 15:34.800]  The boss fire me.
[15:34.800 --> 15:37.560]  He says, you cut, cut, and road, I'll call the sheriff.
[15:37.560 --> 15:38.560]  So she has to.
[15:38.560 --> 15:39.560]  So he calls the sheriff.
[15:39.560 --> 15:40.560]  Sheriff told him to quit cutting the road.
[15:40.560 --> 15:41.560]  He refused.
[15:41.560 --> 15:44.960]  He told him to get off that maintainer, get in your car, and follow me to my office, 26
[15:44.960 --> 15:46.960]  miles away in Corpus.
[15:46.960 --> 15:51.560]  45 minutes later, after talking to his boss, he told the guy to go, we'll take care of
[15:51.560 --> 15:52.560]  this.
[15:52.560 --> 15:53.560]  You're not under arrest.
[15:53.560 --> 15:58.800]  He sued him because there was a magistrate five miles away.
[15:58.800 --> 16:04.400]  The sheriff took him 26 miles away without taking him before a magistrate.
[16:04.400 --> 16:10.000]  In the case said, it must take him to the nearest magistrate.
[16:10.000 --> 16:16.920]  If they don't, they must be able to show cause as to why not.
[16:16.920 --> 16:20.280]  This is what I suggest you do, Jack.
[16:20.280 --> 16:25.160]  File an information request with the sheriff.
[16:25.160 --> 16:33.880]  In the request, you ask the sheriff for a list of all magistrates in the county and all
[16:33.880 --> 16:41.280]  magistrates within the surrounding counties because what 1406 says, that if a magistrate
[16:41.280 --> 16:49.760]  is not available, the arresting officer must take the person arrested to the nearest adjoining
[16:49.760 --> 16:54.080]  county where one is available.
[16:54.080 --> 16:59.600]  So you ask him for a list of all the, we're going to break, we'll be right back.
[16:59.600 --> 17:06.360]  Sayin' cookie, cookie, me love cookies, oh hi Cookie Munchers, no these are yucky cookies,
[17:06.360 --> 17:12.400]  cookie, yucky, no, no bad cookies, you can't even eat these cookies, these are cyber cookies,
[17:12.400 --> 17:18.000]  no can't eat it, no, they are cyber cookies and they clog up your computer, me have apples,
[17:18.000 --> 17:26.040]  really, oh, an apple apple, yummy apple, I'm going to throw away these yucky cookies
[17:26.040 --> 17:27.040]  in the trash.
[17:27.040 --> 17:32.480]  I'm going to click control, shift, delete and then scroll down to cookies and clear
[17:32.480 --> 17:33.480]  them.
[17:33.480 --> 17:34.480]  Bye bye yucky cookies.
[17:34.480 --> 17:40.000]  Now, I go to logosradionetwork.com and I click on the Amazon box on the upper right
[17:40.000 --> 17:45.920]  hand side, bookmark the link and I can go to Amazon through this link and order you some
[17:45.920 --> 17:46.920]  yummy new cookie.
[17:46.920 --> 17:49.040]  No cookies or me.
[17:49.040 --> 17:53.680]  Consider it an early Christmas present and every time I order on Amazon, I go through
[17:53.680 --> 17:57.160]  this link and I give a little present to this radio network too.
[17:57.160 --> 17:58.160]  Peace for Cookie.
[17:58.160 --> 17:59.160]  Peace for Glacify.
[17:59.160 --> 18:05.880]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
[18:05.880 --> 18:09.560]  Stop debt collectors now with the Michael Mearris Proven Method.
[18:09.560 --> 18:13.680]  Michael Mearris has won six cases in federal court against debt collectors and now you
[18:13.680 --> 18:14.680]  can win too.
[18:14.680 --> 18:19.520]  You'll get step by step instructions in plain English on how to win in court using federal
[18:19.520 --> 18:20.520]  civil rights statute.
[18:20.520 --> 18:24.840]  What to do when contacted by phones, mail or court summons?
[18:24.840 --> 18:26.840]  How to answer letters and phone calls?
[18:26.840 --> 18:29.440]  How to get debt collectors out of your credit report?
[18:29.440 --> 18:34.120]  How to turn the financial tables on them and make them pay you to go away?
[18:34.120 --> 18:39.240]  The Michael Mearris Proven Method is the solution for how to stop debt collectors.
[18:39.240 --> 18:41.360]  Personal consultation is available as well.
[18:41.360 --> 18:46.920]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mearris banner
[18:46.920 --> 18:49.920]  or email MichaelMearris at yahoo.com.
[18:49.920 --> 18:57.600]  For more information, please visit ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[18:57.600 --> 19:07.600]  To learn how to stop debt collectors now, you are listening to the Logos Radio Network
[19:07.600 --> 19:23.600]  and you'll get step by step instructions on how to get debt collectors out of your credit
[19:23.600 --> 19:24.600]  report.
[19:24.600 --> 19:49.280]  Okay, we are back, Randy Kelton, Deborah Stevens, Rule of Law Radio here with our special co-host
[19:49.280 --> 19:57.120]  Mr. Dan Reel, the real deal, Dan Reel, and we're talking to Jack.
[19:57.120 --> 19:58.120]  Go ahead, Dan.
[19:58.120 --> 20:00.600]  No, that would be me.
[20:00.600 --> 20:01.600]  Oh, okay.
[20:01.600 --> 20:02.600]  That would be, yeah.
[20:02.600 --> 20:03.600]  That would be him.
[20:03.600 --> 20:04.600]  Okay.
[20:04.600 --> 20:09.120]  Jack, where were we?
[20:09.120 --> 20:12.920]  I was saying something real important when we went out, but I had so much fun on break,
[20:12.920 --> 20:15.280]  I lost track of where I was.
[20:15.280 --> 20:16.280]  Okay.
[20:16.280 --> 20:18.280]  Can you hear me?
[20:18.280 --> 20:19.280]  Oh, only...
[20:19.280 --> 20:20.280]  Okay.
[20:20.280 --> 20:21.280]  Go ahead.
[20:21.280 --> 20:32.720]  You were telling me to request Sheriff List of Magistrates and make sure that there was
[20:32.720 --> 20:33.720]  a...
[20:33.720 --> 20:34.720]  They didn't take her...
[20:34.720 --> 20:38.280]  That there was a magistrate available somewhere and they didn't take her.
[20:38.280 --> 20:39.280]  Okay.
[20:39.280 --> 20:44.840]  The reason we ask for all of the magistrates in the county and all of the magistrates in
[20:44.840 --> 20:54.480]  the adjoining county is the statute requires them to take you to a person arrested to the
[20:54.480 --> 20:59.480]  nearest magistrate, once not available in the county, to the nearest county where one
[20:59.480 --> 21:00.480]  is available.
[21:00.480 --> 21:06.960]  Well, when you make that request, they will send you a response back saying, we have no
[21:06.960 --> 21:14.240]  records responsive to your request and we are not required to create records we do not
[21:14.240 --> 21:16.960]  have.
[21:16.960 --> 21:23.360]  So now you go back and file against the officer for official oppression for failing to take
[21:23.360 --> 21:27.560]  you directly to the nearest magistrate.
[21:27.560 --> 21:35.920]  Not only did he not make a due diligent effort to locate a magistrate as contemplated by
[21:35.920 --> 21:44.280]  McLaughlin v. Riverside, he didn't even know who they were.
[21:44.280 --> 21:47.000]  That's why you want that information request.
[21:47.000 --> 21:51.840]  The last two is retickets of how people were if they beat them and they beat them because
[21:51.840 --> 21:56.760]  of an information request the Sheriff couldn't answer.
[21:56.760 --> 22:02.680]  That creates collateral unstoppable.
[22:02.680 --> 22:06.720]  The officer can't claim he made due diligent effort to locate a magistrate but he doesn't
[22:06.720 --> 22:08.200]  even know who the heck they are.
[22:08.200 --> 22:10.200]  Does that make sense, Jack?
[22:10.200 --> 22:13.520]  Yes, sir, it sure does make sense.
[22:13.520 --> 22:15.800]  Now, I have another question.
[22:15.800 --> 22:16.800]  Okay.
[22:16.800 --> 22:19.800]  If we have time.
[22:19.800 --> 22:29.320]  Okay, so also on 14.06 it says that they have to have this magistrate examination trial
[22:29.320 --> 22:35.320]  and according to section 15.07, I mean, I'm sorry, 15.17.
[22:35.320 --> 22:39.080]  Oh, no, hold on.
[22:39.080 --> 22:52.160]  What it says is that if they have to take you to a different county, then the magistrate
[22:52.160 --> 22:56.680]  will give the warnings.
[22:56.680 --> 23:02.720]  There's certain warnings you have to have the right to counsel if a county is not available.
[23:02.720 --> 23:06.120]  If you can't afford counsel, they want to be pointing for you, blah, blah, blah.
[23:06.120 --> 23:14.920]  So they give you those warnings because they don't want you to have the examining trial
[23:14.920 --> 23:16.760]  out of county.
[23:16.760 --> 23:21.000]  Once you're brought back to county, then you must be brought before a magistrate for
[23:21.000 --> 23:23.520]  a proper examining trial.
[23:23.520 --> 23:33.720]  That's what the statute is referring to, but that only goes to out of county.
[23:33.720 --> 23:38.000]  If you're taken to a magistrate in county, they must hold a full examining trial on
[23:38.000 --> 23:40.000]  chapter 16.
[23:40.000 --> 23:43.880]  Okay, can I read you this one sentence again?
[23:43.880 --> 23:45.880]  Yes, please.
[23:45.880 --> 23:46.880]  Okay.
[23:46.880 --> 23:48.880]  So I'm back on 14.06.
[23:48.880 --> 23:51.760]  I hope I'm not being too detailed here and...
[23:51.760 --> 23:52.760]  Oh, no, no.
[23:52.760 --> 23:53.760]  That's like pedantic.
[23:53.760 --> 23:57.760]  That's because there is never too little detail.
[23:57.760 --> 23:59.760]  Okay, thank you.
[23:59.760 --> 24:00.760]  All right.
[24:00.760 --> 24:09.360]  So I'm back on 14.06, and here is part of this sentence where it says you have to take
[24:09.360 --> 24:14.440]  it to a magistrate before some magistrate of the county where the arrest was made without
[24:14.440 --> 24:21.120]  an order or to provide more expeditiously to the person arrested, the warning is described
[24:21.120 --> 24:26.200]  by article 15.17 of this code before magistrate in any other county.
[24:26.200 --> 24:27.200]  Okay, that's correct.
[24:27.200 --> 24:33.000]  Now, the next sentence is, the magistrate shall immediately perform the duties described
[24:33.000 --> 24:37.720]  in article 15.17 of this code.
[24:37.720 --> 24:42.400]  So 15.17... Okay, hold on.
[24:42.400 --> 24:48.920]  That goes to taking the person to a magistrate out of county.
[24:48.920 --> 24:54.840]  But it doesn't seem to say that, Randy.
[24:54.840 --> 25:05.160]  Well, the requirement to be brought before a magistrate and examining trial held under
[25:05.160 --> 25:14.880]  16, if it's read to mean that they don't have to do an examining trial under chapter 16,
[25:14.880 --> 25:22.960]  then there is no way under law for the trial court ever to be at subject matter jurisdiction.
[25:22.960 --> 25:34.600]  As, absent an order under 16.17, after 48 hours of finding no probable cause is entered
[25:34.600 --> 25:43.560]  into the court, the way the trial court gets subject matter jurisdiction is a complaint
[25:43.560 --> 25:50.760]  is sufficient to give a magistrate jurisdiction to hold an examining trial and make a determination
[25:50.760 --> 25:53.240]  probable cause.
[25:53.240 --> 25:58.600]  Then the magistrate issues an order, and if the order is to bind the person for trial
[25:58.600 --> 26:05.840]  that shows a finding probable cause, then under chapter 16, 16.20, if the person was
[26:05.840 --> 26:12.160]  arrested without a warrant, the magistrate used to issue a warrant.
[26:12.160 --> 26:17.920]  Without that warrant, and that finding probable cause, the trial court could never get jurisdiction
[26:17.920 --> 26:22.880]  because the magistrate is required to seal all documents had in the hearing, cause his
[26:22.880 --> 26:27.920]  name to be written across the seal of the envelope, and for the clerk in court of jurisdiction,
[26:27.920 --> 26:35.920]  that transfer moves jurisdiction from the magistrate court to the trial court, and it
[26:35.920 --> 26:39.600]  must come with a 16.17 order.
[26:39.600 --> 26:45.360]  Okay, I read that then, and I see what you're saying.
[26:45.360 --> 26:46.360]  Okay.
[26:46.360 --> 26:49.600]  So, I have another question if it's okay.
[26:49.600 --> 26:50.600]  Yes.
[26:50.600 --> 26:51.600]  Okay.
[26:51.600 --> 27:08.120]  Now, when we got a lawyer that's on our behalf, the lawyer has said that he wants to use some
[27:08.120 --> 27:19.360]  new law that was recently passed that isn't, that where you don't plead guilty, you don't
[27:19.360 --> 27:26.280]  plead not guilty, and it's some kind of form of no lo contender, I guess.
[27:26.280 --> 27:36.880]  And he says that it's for first time offenders that don't have any record and that it provides
[27:36.880 --> 27:45.320]  for, you have to be on probation basically for a year, and at the end of the year, they
[27:45.320 --> 27:51.680]  wipe the whole record out, and there's no record of, I guess, the arrest or something
[27:51.680 --> 27:54.720]  like that, and it sounds suspicious to me.
[27:54.720 --> 27:59.040]  Yes, it sounds very suspicious to me.
[27:59.040 --> 28:05.640]  Normally, what they'll tell you, if you plead no lo contender, then they'll expunge this
[28:05.640 --> 28:10.960]  thing, liars, liars, pants on fire.
[28:10.960 --> 28:17.520]  If you plead no lo contender, that's tantamount to pleading guilty.
[28:17.520 --> 28:21.280]  It will go on your record and stay on your record.
[28:21.280 --> 28:30.680]  Not necessarily true, that is actually not necessarily true, a nolly, I mean, that's
[28:30.680 --> 28:34.360]  what we call it in the industry, a nolly is basically...
[28:34.360 --> 28:40.040]  The prosecution is deferred, but after a certain point, like in Connecticut, it lasts up to
[28:40.040 --> 28:46.880]  13 months, and if up to 13 months, there's no additional reason for anyone to get, you
[28:46.880 --> 28:52.680]  know, ants in the pants or the prosecutor to decide he's having a bad day or whatever,
[28:52.680 --> 28:57.840]  if after 13 months they don't move forward, then it really does go away.
[28:57.840 --> 29:01.360]  Okay, not in Texas.
[29:01.360 --> 29:05.640]  It's supposed to, and they tell you that it does, but it never comes off your criminal
[29:05.640 --> 29:07.240]  history.
[29:07.240 --> 29:16.960]  We had a whole group here for two, three years that thought to get no lo contender, please
[29:16.960 --> 29:22.920]  expunge from the record after the probation period.
[29:22.920 --> 29:26.960]  Never once happened.
[29:26.960 --> 29:28.960]  That was a big problem.
[29:28.960 --> 29:34.040]  Jack, it sounds reasonable because of what Dan said.
[29:34.040 --> 29:40.280]  In other states, it does go off your record, and it sounds reasonable that the legislature
[29:40.280 --> 29:47.320]  would pass us a law to bring Texas in line with other states.
[29:47.320 --> 29:53.320]  Can you ask that lawyer what law that was?
[29:53.320 --> 30:00.200]  Okay, hang on about to go to break, we'll be right back.
[30:00.200 --> 30:04.480]  Do you get jittery without your cell phone or iPod?
[30:04.480 --> 30:08.600]  If so, you may be suffering from what scientists now call gadget withdrawal.
[30:08.600 --> 30:14.480]  Under Catherine Albrecht, back with details on a study into information deprivation disorder
[30:14.480 --> 30:16.360]  next.
[30:16.360 --> 30:18.080]  Privacy is under attack.
[30:18.080 --> 30:22.480]  When you give up data about yourself, you'll never get it back again, and once your privacy
[30:22.480 --> 30:26.680]  is gone, you'll find your freedoms will start to vanish too.
[30:26.680 --> 30:31.880]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:31.880 --> 30:34.440]  Privacy, it's worth hanging on to.
[30:34.440 --> 30:40.080]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[30:40.080 --> 30:41.760]  Yahoo, and Bing.
[30:41.760 --> 30:43.760]  Start over with StartPage.
[30:43.760 --> 30:49.480]  As parents know, trying to keep a teenager off their computer or cell phone can result
[30:49.480 --> 30:52.480]  in a tantrum, but is it more than just petulance?
[30:52.480 --> 30:57.360]  A new study suggests young people may actually be experiencing gadget withdrawal, something
[30:57.360 --> 31:01.480]  akin to what drug addicts experience when they go cold turkey.
[31:01.480 --> 31:05.560]  Researchers had young people turn off cell phones, social networking, the Internet and
[31:05.560 --> 31:08.520]  TV for 24 hours and keep a diary.
[31:08.520 --> 31:17.080]  20% described overwhelming cravings, 11% isolation, and 10% confusion and even deep depression.
[31:17.080 --> 31:19.960]  Digitized minds constantly scanning for a fix?
[31:19.960 --> 31:22.240]  Maybe it's time we pulled the plug on that smartphone.
[31:22.240 --> 31:52.080]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[31:52.240 --> 32:00.680]  Call 888-910-4367 and see what our powder seeds and oil can do for you, only at 10thUSA.org.
[32:22.400 --> 32:25.280]  This is a great opportunity to learn how to enforce and preserve our rights through due
[32:25.280 --> 32:26.280]  process.
[32:26.280 --> 32:29.880]  Former Sheriff's Deputy, A. Craig, in conjunction with Rule Law Radio, has put together the
[32:29.880 --> 32:33.600]  most comprehensive teaching tool available that will help you understand what due process
[32:33.600 --> 32:35.720]  is and how to hold courts to the rule of law.
[32:35.720 --> 32:40.040]  You can get your own copy of this valuable material by going to rulelawradio.com and
[32:40.040 --> 32:41.340]  ordering your copy today.
[32:41.340 --> 32:44.280]  By ordering now, you will receive a copy of Eddie's book, The Texas Transportation
[32:44.280 --> 32:48.600]  Code, The Law Versus the Lie, video and audio of the original 2009 seminar.
[32:48.600 --> 32:51.440]  Hundreds of research documents and other useful resource material.
[32:51.440 --> 32:55.400]  Learn how to fight for your rights with the help of this material for rulelawradio.com.
[32:55.400 --> 33:03.040]  Order your copy today and together we can have free society we all want and deserve.
[33:03.040 --> 33:32.880]  Live Free Speech Radio, LogosRadioNetwork.com.
[33:33.040 --> 34:02.840]  Live Free Speech Radio, LogosRadioNetwork.com.
[34:02.840 --> 34:08.600]  Okay.
[34:08.600 --> 34:09.600]  We are back.
[34:09.600 --> 34:16.800]  Randy Kelton, Deborah Stevens here with Dan Real and over the break Dan had made a point
[34:16.800 --> 34:21.960]  that I thought was a very good point and I'd like Dan to address that with you, Jack.
[34:21.960 --> 34:23.960]  Go ahead, Dan.
[34:23.960 --> 34:32.480]  Well, this kind of went to something that I first learned when I called into the show
[34:32.480 --> 34:38.520]  almost 10 years ago and it was something that a good attorney friend of mine who is, you
[34:38.520 --> 34:42.640]  know, another one of my mentors, he'd worked on me in refining this.
[34:42.640 --> 34:47.040]  The first thing you have to do, it doesn't matter whether you have a criminal case or
[34:47.040 --> 34:51.960]  civil case or I don't even care if it's some goal you have in life, the first thing you
[34:51.960 --> 34:58.040]  have to do is you have to sit down and objectively write what the facts are.
[34:58.040 --> 35:03.840]  When you do that, don't write how you feel about the facts, like think in chronological
[35:03.840 --> 35:06.280]  order, like what happened?
[35:06.280 --> 35:11.080]  Like I drove down the street, then I went to the grocery store, then I bought a sandwich,
[35:11.080 --> 35:18.880]  whatever it was, but objectively, chronologically, and to the greatest degree possible, remove
[35:18.880 --> 35:21.760]  all emotions from that narrative.
[35:21.760 --> 35:24.080]  So you'll have a factual narrative of what happened.
[35:24.080 --> 35:29.120]  The second thing you're going to want to do is if you have any evidence or documentation
[35:29.120 --> 35:34.240]  relating to any of those facts, you're going to want to just put that in a big old pile
[35:34.240 --> 35:38.600]  and associate it with like facts, like write them down in a number of paragraphs.
[35:38.600 --> 35:44.280]  And the third and most important thing you want to do is you want to ask yourself, what
[35:44.280 --> 35:48.120]  is an acceptable outcome in this scenario?
[35:48.120 --> 35:56.080]  The way my good attorney friend puts it is he says, if someone was to waive a magic wand
[35:56.080 --> 36:00.000]  and you could make anything happen, what would that be?
[36:00.000 --> 36:06.480]  And then I would suggest from there, add like a secondary, like a third and a fourth and
[36:06.480 --> 36:13.720]  so on, like what are different acceptable outcomes in like least acceptable order?
[36:13.720 --> 36:17.960]  And that's really going to kind of guide how you approach any problem.
[36:17.960 --> 36:23.520]  Because it's all wonderful, well and good to go through, you know, a criminal case or
[36:23.520 --> 36:28.440]  a civil case and say, you know, gee, here's what they did, what's wrong.
[36:28.440 --> 36:32.560]  But when you get that kind of a structure in mind, you're going to have some kind of
[36:32.560 --> 36:34.040]  an idea of where to go.
[36:34.040 --> 36:39.960]  And it's going to be instantly valuable because as Randy says, if you don't know where you're
[36:39.960 --> 36:44.440]  going and you don't know where you're trying to go, you're going to end up in some place
[36:44.440 --> 36:49.440]  you probably don't want to be.
[36:49.440 --> 36:51.800]  And that's my story and I'm sticking to it.
[36:51.800 --> 36:54.720]  That was exactly what was in my mind.
[36:54.720 --> 36:56.240]  I was odd.
[36:56.240 --> 37:06.120]  And when I do statement of facts, what I do now is I do a statement of facts second.
[37:06.120 --> 37:10.440]  First, I do a timeline.
[37:10.440 --> 37:14.320]  I need referential index.
[37:14.320 --> 37:17.840]  I need to understand how everything happened.
[37:17.840 --> 37:25.440]  And your sister needs this more than your lawyer, her, your lawyer would need it.
[37:25.440 --> 37:31.240]  The odd thing came out of some recent memory research.
[37:31.240 --> 37:37.040]  They were working with rats and they were teaching them to do something and then get
[37:37.040 --> 37:39.040]  them to do it in different circumstances.
[37:39.040 --> 37:47.640]  I won't go into all the details of it, but the upshot was is when you go to your memory
[37:47.640 --> 37:56.600]  and pull a memory and re-experience it, the belief prior to this was is that you essentially
[37:56.600 --> 37:58.400]  read the memory.
[37:58.400 --> 38:00.960]  You read it from memory.
[38:00.960 --> 38:02.520]  But that's not what the mind does.
[38:02.520 --> 38:04.320]  The mind takes it out of memory.
[38:04.320 --> 38:12.480]  Because what they did was they put a rat in a situation to where it acted from memory
[38:12.480 --> 38:14.000]  and then they shocked it.
[38:14.000 --> 38:19.680]  And the next time they put it in that situation, it didn't remember.
[38:19.680 --> 38:26.560]  And they did a number of experiments and it turned out you pull the memory and re-experience
[38:26.560 --> 38:29.160]  the memory and put it back.
[38:29.160 --> 38:31.760]  If you're interrupted before you put it back, you forget it.
[38:31.760 --> 38:32.760]  You lose it.
[38:32.760 --> 38:39.680]  That's really important because who here has not told a story?
[38:39.680 --> 38:44.560]  That somebody said, did that happen to you and you have to sit there and think, I don't
[38:44.560 --> 38:45.560]  remember.
[38:45.560 --> 38:51.240]  I've told it so many times I don't remember and the reason you don't remember is because
[38:51.240 --> 38:58.480]  in the telling of the story, who it happened to wasn't really important to the story.
[38:58.480 --> 39:04.240]  So you didn't repeat that, so you put the memory back without it.
[39:04.240 --> 39:13.400]  When you're in a stressful situation and you tell somebody what happened, you're talking
[39:13.400 --> 39:17.160]  to someone out of context of the real situation.
[39:17.160 --> 39:21.360]  So you tend to tell them only what you think they need to hear.
[39:21.360 --> 39:24.640]  You end up putting that memory back distorted.
[39:24.640 --> 39:28.320]  Each time you put it back, it's distorted again.
[39:28.320 --> 39:30.400]  You suggest it to anyone.
[39:30.400 --> 39:37.840]  If you get a ticket, if you have any kind of interaction with the police, as soon as
[39:37.840 --> 39:43.200]  you're finished, go sit down somewhere and write down what happened.
[39:43.200 --> 39:46.240]  Just quickly, briefly.
[39:46.240 --> 39:47.240]  That locks it in.
[39:47.240 --> 39:48.960]  You can go back to that later.
[39:48.960 --> 39:52.760]  You can go back to that 20 years from now after you've told it 100 times and lost all
[39:52.760 --> 39:53.760]  your memory.
[39:53.760 --> 39:59.960]  Go back and go down that timeline and it'll pull all that memory right back into place.
[39:59.960 --> 40:03.240]  You don't lose the memory, just lose access to it.
[40:03.240 --> 40:06.120]  So write it down.
[40:06.120 --> 40:08.480]  Write down everything.
[40:08.480 --> 40:09.480]  Timeline first.
[40:09.480 --> 40:10.480]  Don't need any explanation.
[40:10.480 --> 40:11.480]  This happened.
[40:11.480 --> 40:12.480]  This happened.
[40:12.480 --> 40:13.480]  This happened.
[40:13.480 --> 40:14.480]  This happened.
[40:14.480 --> 40:18.880]  Once you got that, then you can go in there and fill in the facts based on these happenings.
[40:18.880 --> 40:20.880]  Does that make sense, Jack?
[40:20.880 --> 40:28.760]  Yes, sir, it makes a great deal of sense and I mean, she made a police report, so I'm hoping
[40:28.760 --> 40:32.360]  she did some of that, but I do need to sit down with her and...
[40:32.360 --> 40:33.360]  Yeah.
[40:33.360 --> 40:34.360]  Tell her.
[40:34.360 --> 40:35.360]  Don't tell me the facts.
[40:35.360 --> 40:42.400]  If you ask her to tell you the facts, she's going to give you an argument in support.
[40:42.400 --> 40:49.400]  But if you ask her for a timeline, that tends to frame it in the mind in a way that you
[40:49.400 --> 40:55.880]  get a good, clear statement of facts, and it's deliberately an incomplete statement
[40:55.880 --> 40:56.880]  of facts.
[40:56.880 --> 41:03.480]  You're building a memory framework that once you've done that, and this allows her to pull
[41:03.480 --> 41:10.880]  this information with no emotion attached to it, the problem is someone will go from
[41:10.880 --> 41:17.320]  one emotional high point to the next, to the next, to the next, and Dan and I, why don't
[41:17.320 --> 41:19.560]  listen for emotional high points?
[41:19.560 --> 41:21.840]  We're listening for elements.
[41:21.840 --> 41:27.120]  He's sitting in front of a lawyer and he's sitting here with a legal pad and a pen, and
[41:27.120 --> 41:32.320]  he sits there and he listens intently and he nods and he...
[41:32.320 --> 41:35.720]  Everyone's trying to write something down.
[41:35.720 --> 41:38.360]  He doesn't know what the facts are.
[41:38.360 --> 41:42.400]  Only thing he's looking for are the elements.
[41:42.400 --> 41:44.440]  You don't know what the elements are.
[41:44.440 --> 41:47.120]  He doesn't know what happens, so he don't know how to ask you.
[41:47.120 --> 41:51.760]  So he's got to sit there and have you tell your story, and while he's trying to seek
[41:51.760 --> 42:01.760]  out the elements, when you have a situation to where it's emotional, you're going to
[42:01.760 --> 42:07.040]  jump from one high point to another and you don't know what those elements are.
[42:07.040 --> 42:10.120]  So write down to a timeline.
[42:10.120 --> 42:14.320]  This keeps you from jumping from one emotional high point to another.
[42:14.320 --> 42:21.320]  You just put some little marks on the map, and now when you go back, you'll jump from
[42:21.320 --> 42:26.680]  this high point to this high point, and then there's all that stuff in the middle, and
[42:26.680 --> 42:29.280]  that pulls you back to fill in those empty spaces.
[42:29.280 --> 42:33.280]  It is extremely powerful.
[42:33.280 --> 42:35.480]  Probably the most important thing you can do.
[42:35.480 --> 42:38.360]  And that's my story and I'm sticking to it.
[42:38.360 --> 42:44.720]  And it's a good story, and to give you a real-life example of the case I worked on, this was
[42:44.720 --> 42:47.240]  a driving law court case.
[42:47.240 --> 42:53.120]  What had happened was the defendant was charged with driving a vehicle that was unregistered,
[42:53.120 --> 42:59.080]  and they lumped the charge of not having insurance in addition to that.
[42:59.080 --> 43:04.680]  Now in Connecticut, this is in Texas, but this is the way the statute worked in Connecticut.
[43:04.680 --> 43:09.280]  We had all the elements, and the first thing we did is we did that timeline and we went
[43:09.280 --> 43:11.120]  through all the facts.
[43:11.120 --> 43:17.200]  Now in Connecticut, the statute starts out as far as registration goes, no owner of
[43:17.200 --> 43:19.240]  a motor vehicle shall.
[43:19.240 --> 43:23.320]  We stopped right there, and it turned out the person was not the owner.
[43:23.320 --> 43:25.520]  Well, guess what?
[43:25.520 --> 43:30.040]  That kind of just negated the whole not registering the vehicle thing.
[43:30.040 --> 43:32.760]  The person was borrowing somebody's motor vehicle.
[43:32.760 --> 43:33.760]  Okay.
[43:33.760 --> 43:35.600]  Oh, I hear the music.
[43:35.600 --> 43:38.280]  Okay, the music's playing.
[43:38.280 --> 43:39.280]  Randy Felton.
[43:39.280 --> 43:46.000]  Debra Stevens here with Dan Reel, and we have our fundraiser going, so this is a good time
[43:46.000 --> 43:49.480]  to go to Logos Radio Network and check out our gun giveaway.
[43:49.480 --> 43:57.320]  We're giving away two guns this year, and you can click on there and buy Randy's e-book.
[43:57.320 --> 43:59.320]  We'll be right back.
[43:59.320 --> 44:07.840]  Hello, my name is Stuart Smith from naturespureorganics.com, and I would like to invite you to come
[44:07.840 --> 44:12.920]  by our store at 1904 Waterloo Street, Suite D, here in Austin, Texas, behind brave new
[44:12.920 --> 44:16.840]  books and chase things to see all our fantastic health and wellness products with your very
[44:16.840 --> 44:17.840]  own eyes.
[44:17.840 --> 44:22.640]  Have a look at our miracle healing clay that started our adventure in alternative medicine.
[44:22.640 --> 44:26.760]  Take a peek at some of our other wonderful products, including our Australian Emu Oil,
[44:26.760 --> 44:34.800]  Potion Candles, Olive Oil Soaps, and Colloidal Silver and Gold, call 512-264-4043, or find
[44:34.800 --> 44:43.200]  us online at naturespureorganics.com, that's 512-264-4043, naturespureorganics.com.
[44:43.200 --> 45:01.280]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.280 --> 45:04.480]  Are you the plaintiff or defendant in a lawsuit?
[45:04.480 --> 45:11.240]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course
[45:11.240 --> 45:14.320]  that will show you how in 24 hours, step-by-step.
[45:14.320 --> 45:18.920]  If you have a lawyer, know what your lawyer should be doing.
[45:18.920 --> 45:23.280]  If you don't have a lawyer, know what you should do for yourself.
[45:23.280 --> 45:28.280]  Thousands have won with our step-by-step course, and now you can, too.
[45:28.280 --> 45:34.680]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:34.680 --> 45:39.280]  Even if you're not in a lawsuit, you can learn what everyone should understand about
[45:39.280 --> 45:43.640]  the principles and practices that control our American courts.
[45:43.640 --> 45:49.720]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.720 --> 45:52.160]  prosay tactics, and much more.
[45:52.160 --> 45:56.480]  Please visit ruleoflawradio.com and click on the banner.
[45:56.480 --> 46:14.480]  Or call toll-free 866-LAW-E-Z.
[46:14.480 --> 46:26.480]  And if you hate much, have any problem, where you gonna look for one, if you could not wait any bout too long, and would your purpose has to be done.
[46:26.480 --> 46:46.480]  And if you hate much, have any problem, where you gonna look for one, if you could not wait any bout too long, and would your purpose has to be done.
[46:46.480 --> 47:15.480]  And if you hate much, have any problem, where you gonna look for one, if you could not wait any bout too long, and would your purpose has to be done.
[47:15.480 --> 47:25.480]  Yes, so the end of that story is the second charge, driving without insurance, take a good look at your state statutory scheme.
[47:25.480 --> 47:37.480]  Because in Connecticut, and I'm sure this is similar for a lot of other states, is, you know, in Connecticut anyway, if you don't have a registration, you're not required to have insurance.
[47:37.480 --> 47:49.480]  They love to throw that charge on hoping you're gonna plead guilty to it, but one of the elements is in Connecticut, to be required to have insurance, your vehicle has to be registered.
[47:49.480 --> 47:52.480]  So we got that one thrown out too.
[47:52.480 --> 47:57.480]  Yes, and that goes to something very important.
[47:57.480 --> 48:08.480]  I was talking to this guy, he's in Colorado, he's been in jail for six months, and he was accused of influencing a public official.
[48:08.480 --> 48:12.480]  And I read that and said, what the heck is that?
[48:12.480 --> 48:18.480]  So I asked him, what are the elements of the crime?
[48:18.480 --> 48:28.480]  Now he's been sitting in jail for six months for this, and he had no clue.
[48:28.480 --> 48:31.480]  Are you kidding me?
[48:31.480 --> 48:35.480]  Read the code.
[48:35.480 --> 48:44.480]  If you get charged with anything, you know, I look at these tickets and it says speeding.
[48:44.480 --> 48:49.480]  And I immediately file a motion to strike the complaint as insufficient.
[48:49.480 --> 48:53.480]  What in the heck does that mean?
[48:53.480 --> 48:57.480]  Does it mean going too fast for current conditions?
[48:57.480 --> 49:00.480]  Does it mean exceeding the posted speed limit?
[49:00.480 --> 49:04.480]  Does it mean exceeding the maximum state highway?
[49:04.480 --> 49:07.480]  What does it mean?
[49:07.480 --> 49:09.480]  I don't know.
[49:09.480 --> 49:17.480]  So what if we're going to have different elements, read the code very carefully, and this is what Dan's talking about.
[49:17.480 --> 49:22.480]  You'd be surprised what you'll find in there.
[49:22.480 --> 49:27.480]  Okay, Jack, have we answered your questions?
[49:27.480 --> 49:30.480]  Yes, sir, so far.
[49:30.480 --> 49:32.480]  I know I'm taking up too much time.
[49:32.480 --> 49:35.480]  I can call back tomorrow if you need me.
[49:35.480 --> 49:42.480]  Another question, we don't have any other callers at the moment. They're calling numbers 5126461984.
[49:42.480 --> 49:47.480]  So the call board is pretty well empty, so we have time for another call, Jack.
[49:47.480 --> 49:50.480]  Another call. Another question.
[49:50.480 --> 49:55.480]  All right, we've got a ton of questions, but I'll go on to the next one.
[49:55.480 --> 50:05.480]  I have heard you say many times, right, you get the, control your lawyer.
[50:05.480 --> 50:08.480]  How do I go about doing that?
[50:08.480 --> 50:16.480]  Okay, does your sister have court counsel?
[50:16.480 --> 50:19.480]  You mean assigned by the court? No.
[50:19.480 --> 50:21.480]  Okay, she has her own lawyer.
[50:21.480 --> 50:36.480]  Okay, it's really, you can really hammer on with the court appointed counsel, but in any case, once that lawyer puts his name on the case, he is bound to it.
[50:36.480 --> 50:44.480]  And the lawyer, for the most part, he wants to get your retainer.
[50:44.480 --> 50:51.480]  And then he's going to do the standard things he does in every case, this flurry of motions.
[50:51.480 --> 50:57.480]  It looks like he's doing something and he's going to want to drop you in a criminal case.
[50:57.480 --> 51:02.480]  For the most part, they want to make sure you don't have grounds for appeal.
[51:02.480 --> 51:07.480]  If you have court appointed counsel, that is exactly what his job is.
[51:07.480 --> 51:13.480]  Not to get you off, but to make sure you don't have grounds for appeal because he doesn't do that.
[51:13.480 --> 51:18.480]  Sorry, make sure you don't have grounds for appeal and get you to take a deal.
[51:18.480 --> 51:23.480]  If he doesn't do that, he's not going to get appointed anymore.
[51:23.480 --> 51:28.480]  So he's going to do what the court wants him to.
[51:28.480 --> 51:35.480]  If you paid your lawyer, lawyers are terrified of judges.
[51:35.480 --> 51:42.480]  And if there's any way they can avoid it, they're not going to do anything to annoy that judge.
[51:42.480 --> 51:49.480]  If it means to adequately adjudicate your case, they don't care.
[51:49.480 --> 51:53.480]  They're more afraid of that judge than they are you.
[51:53.480 --> 51:58.480]  That is, until you bar-greave them.
[51:58.480 --> 52:02.480]  Once you bar-greave them, now you stung them big time.
[52:02.480 --> 52:08.480]  Or just let them know that you are prepared to bar-greave him.
[52:08.480 --> 52:15.480]  They're even more afraid of being bar-greaved than they are afraid of making the judge mad at them.
[52:15.480 --> 52:17.480]  This is true.
[52:17.480 --> 52:19.480]  No, no, this is very true.
[52:19.480 --> 52:26.480]  I can say that from personal, first-hand knowledge.
[52:26.480 --> 52:30.480]  Yeah, you get one bar-greavement your first year of practice.
[52:30.480 --> 52:36.480]  They're going to cancel your malpractice insurance immediately and it starts around 25 grand.
[52:36.480 --> 52:39.480]  Two bar-greavance is any one year of practice, say, or cancel.
[52:39.480 --> 52:44.480]  Now I'm saying bar-greavance, not valid bar-greavance.
[52:44.480 --> 52:50.480]  If you file a bar-greavance against a lawyer in the state of Texas, state bar of Texas is going to get that grievance
[52:50.480 --> 52:53.480]  and they're going to throw it in a trash.
[52:53.480 --> 52:56.480]  And they're going to send you this letter back, say, we examined into your accusation,
[52:56.480 --> 52:59.480]  find it does not rise to the level of misconduct.
[52:59.480 --> 53:02.480]  Now that is exactly quoted.
[53:02.480 --> 53:07.480]  I know it's quoted because I'm programming up to 50 of them.
[53:07.480 --> 53:14.480]  And that is a good thing because their insurance carrier knows they're going to throw it in the trash.
[53:14.480 --> 53:18.480]  So how does their insurance carrier get to the level of risk?
[53:18.480 --> 53:20.480]  By valid bar-greavances?
[53:20.480 --> 53:22.480]  Back to mind the trash.
[53:22.480 --> 53:24.480]  By the numbers.
[53:24.480 --> 53:30.480]  If I grieve that lawyer for parting his hair on the left of dirty Rochester,
[53:30.480 --> 53:34.480]  I'm going to get a letter from the bar, say, we examined into your accusation,
[53:34.480 --> 53:38.480]  find it does not rise to the level of misconduct and I throw it in the trash.
[53:38.480 --> 53:42.480]  The insurance carrier is going to double their insurance premium.
[53:42.480 --> 53:47.480]  They don't go with the valid, invalid, they don't care.
[53:47.480 --> 53:52.480]  You get a new car, you take it down to Walmart, you come out, somebody's bashing vendor in.
[53:52.480 --> 53:56.480]  Call the insurance company to come out and fix it, double your insurance.
[53:56.480 --> 53:59.480]  Come back next month, somebody bashed in another one.
[53:59.480 --> 54:03.480]  Call the insurance company to come out, fix it, to cancel.
[54:03.480 --> 54:06.480]  Your fault, their fault, nobody's fault, they don't care.
[54:06.480 --> 54:08.480]  You're an unacceptable risk.
[54:08.480 --> 54:11.480]  Same thing with malpractice insurance.
[54:11.480 --> 54:16.480]  It is important though because there are far less underwriters from malpractice insurance.
[54:16.480 --> 54:18.480]  Yeah, there's like nine.
[54:18.480 --> 54:23.480]  Nine major underwriters in the U.S. and they're all underwritten by Loys of London.
[54:23.480 --> 54:26.480]  They all have the same criteria.
[54:26.480 --> 54:39.480]  And if you have any reason to believe that you could possibly be sued and you don't give notice to your insurance carrier,
[54:39.480 --> 54:44.480]  if you are subsequently sued, they won't cover you.
[54:44.480 --> 54:51.480]  It's the insurance carrier's job to get out of pay in the premium.
[54:51.480 --> 54:59.480]  Like an alibi joint in a car hole, you shoot out the star and they got to find a little spot that you missed.
[54:59.480 --> 55:00.480]  It's an alibi joint.
[55:00.480 --> 55:02.480]  That's what the insurance companies are.
[55:02.480 --> 55:05.480]  So they're looking for any way they can to keep paying the insurance premium.
[55:05.480 --> 55:09.480]  And the lawyers know that.
[55:09.480 --> 55:14.480]  Can I tell you a funny story speaking about insurance carriers and lawyers?
[55:14.480 --> 55:15.480]  Absolutely.
[55:15.480 --> 55:20.480]  I'm going to go as far as I can without breaking confidentiality.
[55:20.480 --> 55:32.480]  And I'm just going to say this, there's nothing like a lawyer that has been sued and they didn't tell their insurance carrier
[55:32.480 --> 55:39.480]  and the judge picks up on it and they goes, shame on you in a pretrial conference.
[55:39.480 --> 55:50.480]  I was grinning here to here.
[55:50.480 --> 55:58.480]  They do that because they don't want to tell their insurance carrier something happened.
[55:58.480 --> 56:03.480]  Because they know the insurance carrier is going to sting them for it.
[56:03.480 --> 56:11.480]  The firm screwed up and the judge was like, what do you mean your insurance carrier is here?
[56:11.480 --> 56:13.480]  You're representing your own firm?
[56:13.480 --> 56:16.480]  What's wrong with you?
[56:16.480 --> 56:18.480]  Well, okay.
[56:18.480 --> 56:23.480]  Jack, how to handle your lawyer.
[56:23.480 --> 56:29.480]  Going into court is like sitting down at a four-sided chessboard.
[56:29.480 --> 56:35.480]  When you play three or four-sided chess, everything is about relationships.
[56:35.480 --> 56:40.480]  Two sides get together and they gang up on the other two sides to get one calmed out.
[56:40.480 --> 56:48.480]  And then the three that's left, they try to develop relationships and get another one calmed out and then they fight with each other.
[56:48.480 --> 56:49.480]  Okay.
[56:49.480 --> 56:51.480]  You sit down at your table.
[56:51.480 --> 56:56.480]  Your lawyers to your right, opposing counsel to your left, the judge across from you.
[56:56.480 --> 56:59.480]  You have a relationship with your lawyer.
[56:59.480 --> 57:04.480]  Your lawyer has a relationship with opposing counsel and the judge.
[57:04.480 --> 57:06.480]  You're the odd man out.
[57:06.480 --> 57:16.480]  So what you want to be able to do is take advantage of the relationship your lawyer has with opposing counsel and the judge.
[57:16.480 --> 57:34.480]  By giving your lawyer plausible deniability to fight to adjudicate your case and by being able to go to the opposing counsel and the judge and say, hey, man, I got this client who's going to kick my behind.
[57:34.480 --> 57:37.480]  You guys got to help me out.
[57:37.480 --> 57:41.480]  I paid you back on the next client.
[57:41.480 --> 57:51.480]  So don't be afraid to metaphorically kick your lawyer right square in his professional behind.
[57:51.480 --> 57:53.480]  He does not need to be your buddy.
[57:53.480 --> 57:55.480]  He does not have to like you.
[57:55.480 --> 57:57.480]  He is under contract.
[57:57.480 --> 58:03.480]  And if he petitions the court to withdraw, you oppose the withdrawal.
[58:03.480 --> 58:08.480]  If the court allows him to withdraw, you sue the judge for interfering with a private contract.
[58:08.480 --> 58:14.480]  He never had a judge let a lawyer withdraw when the client opposed.
[58:14.480 --> 58:16.480]  Now the lawyer is stuck.
[58:16.480 --> 58:18.480]  Now he's got to do his job.
[58:18.480 --> 58:20.480]  But then he has plausible deniability.
[58:20.480 --> 58:21.480]  He can do his job.
[58:21.480 --> 58:22.480]  Hang on.
[58:22.480 --> 58:23.480]  Randy Kelton.
[58:23.480 --> 58:24.480]  David Stevens.
[58:24.480 --> 58:25.480]  We have our radio.
[58:25.480 --> 58:30.480]  Our call in number 512-646-1984.
[58:30.480 --> 58:39.480]  It's time to go check out our gun giveaway and the e-book and jurisdiction area.
[58:39.480 --> 58:40.480]  We've got lots of stuff there.
[58:40.480 --> 58:43.480]  If you buy any of that, you get chances on our gun giveaway.
[58:43.480 --> 59:09.480]  We'll be right back.
[59:13.480 --> 59:18.480]  But the real story is the more than 9000 explanatory footnotes.
[59:18.480 --> 59:23.480]  Difficult and profound passages are opened up in a marvelous way, providing an entrance
[59:23.480 --> 59:27.480]  into the riches of the word beyond which you've ever experienced before.
[59:27.480 --> 59:33.480]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:33.480 --> 59:42.480]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102.
[59:42.480 --> 59:47.480]  Or by ordering online at freestudybible.com.
[59:47.480 --> 59:50.480]  That's freestudybible.com.
[59:50.480 --> 01:00:00.480]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:00.480 --> 01:00:04.480]  The following use flash is brought to you by the low star lowdowns.
[01:00:04.480 --> 01:00:11.480]  Markets for Wednesday the 29th of March 2017 are currently trading with gold at $1,253.03
[01:00:11.480 --> 01:00:18.480]  cents an ounce, silver $18.20 an ounce, Texas crude $48.37 a barrel, and Bitcoin is sitting
[01:00:18.480 --> 01:00:22.480]  at 1,043 U.S. currency.
[01:00:22.480 --> 01:00:27.480]  Today in history, the year 1882, the Knights of Columbus, the world's largest Catholic fraternal
[01:00:27.480 --> 01:00:32.480]  service organization, are established, originally serving as a mutual benefit society to work
[01:00:32.480 --> 01:00:35.480]  in class in immigrant Catholics in the United States.
[01:00:35.480 --> 01:00:39.480]  It developed into a fraternal benefit society dedicated to providing charitable services,
[01:00:39.480 --> 01:00:44.480]  promoting Catholic education and Catholic public policy, and actively defending Catholicism
[01:00:44.480 --> 01:00:45.480]  in various nations.
[01:00:45.480 --> 01:00:50.480]  With roughly two million members consisting of Catholic men aged 18 and older and nearly
[01:00:50.480 --> 01:00:55.480]  15,000 councils, the Knights of Columbus consists of four different degrees, and the order is
[01:00:55.480 --> 01:00:58.480]  a member of the International Alliance of Catholic Knights.
[01:00:58.480 --> 01:01:03.480]  The KFC founded today in history.
[01:01:03.480 --> 01:01:07.480]  In recent years, David Robert Daly-Eiden and Sandra Merritt were charged Tuesday yesterday
[01:01:07.480 --> 01:01:12.480]  by California Attorney General Xavier Becerra with 15 felony counts of violating the privacy
[01:01:12.480 --> 01:01:13.480]  of health care providers.
[01:01:13.480 --> 01:01:17.480]  If you recall, they are the two anti-abortion activists who pose as alternative identities
[01:01:17.480 --> 01:01:21.480]  in a fictitious bioresearch company to meet Planned Parenthood officials secretly recording
[01:01:21.480 --> 01:01:26.480]  their conversations leading to the selling of fetal tissue and organs for profit scandal.
[01:01:26.480 --> 01:01:32.480]  The charge consists of 14 instances between October 2013 and July of 2015, where Daly-Eiden
[01:01:32.480 --> 01:01:36.480]  and Merritt filmed Planned Parenthood personnel without permission.
[01:01:36.480 --> 01:01:40.480]  They are facing a felony count for each person they discreetly recorded, along with an additional
[01:01:40.480 --> 01:01:43.480]  felony charge for criminal conspiracy to evade privacy.
[01:01:43.480 --> 01:01:47.480]  Mary Alice Carter, Interim Vice President of Communications for Planned Parenthood,
[01:01:47.480 --> 01:01:51.480]  Federation of America, said in a statement Tuesday that the nationwide investigation
[01:01:51.480 --> 01:01:55.480]  have made it clear that Planned Parenthood has done nothing wrong, and that only people
[01:01:55.480 --> 01:02:01.480]  who broke the law are those behind the fraudulent tapes.
[01:02:01.480 --> 01:02:06.480]  Demi Ajiboye, Assistant Professor at Case Western Reserve University, lead author of a research
[01:02:06.480 --> 01:02:10.480]  paper published yesterday, Tuesday, in the Lens Set, stated that we have been able to
[01:02:10.480 --> 01:02:15.480]  make the electrical signals which represent thoughts and use that to control simulations
[01:02:15.480 --> 01:02:16.480]  of the arm and hand.
[01:02:16.480 --> 01:02:21.480]  This experimental new technology is being called Neuropostetics, expected to be available
[01:02:21.480 --> 01:02:23.480]  to the general public in five to ten years.
[01:02:23.480 --> 01:02:27.480]  The tech relies on creating an entirely new neurological central nervous connection
[01:02:27.480 --> 01:02:31.480]  between the brain and a paralyzed limb by implanting an electrode array which is used to
[01:02:31.480 --> 01:02:36.480]  detect and record and braid signals from the motor cortex of the brain, and then uses
[01:02:36.480 --> 01:02:39.480]  those signals to actuate movements from mechanical limbs.
[01:02:39.480 --> 01:02:43.480]  Robert Kirsch, a professor of biomedical engineering at Case Western, told NPR,
[01:02:43.480 --> 01:02:48.480]  essentially that we have an algorithm that sort of transforms neural signals into movement
[01:02:48.480 --> 01:02:53.480]  and that the code is in our brain.
[01:02:53.480 --> 01:03:00.480]  This was Rick Brody with your lowdown for March 29, 2017.
[01:03:23.480 --> 01:03:39.480]  Okay, we are back.
[01:03:39.480 --> 01:03:42.480]  Randy Kelton, Deborah Stevens here with Dan Reel.
[01:03:42.480 --> 01:03:44.480]  We're talking to Jack in Texas.
[01:03:44.480 --> 01:03:49.480]  Okay, about how to handle your lawyer.
[01:03:49.480 --> 01:03:53.480]  It's okay to thump your lawyer.
[01:03:53.480 --> 01:03:56.480]  It's okay to disagree with your lawyer.
[01:03:56.480 --> 01:04:03.480]  If you can get your lawyer to file a motion to withdraw, you oppose the motion to withdraw.
[01:04:03.480 --> 01:04:06.480]  Now he's stuck.
[01:04:06.480 --> 01:04:11.480]  Now, but he also has plausible deniability because the judge knows he tried to withdraw
[01:04:11.480 --> 01:04:13.480]  and you wouldn't let him.
[01:04:13.480 --> 01:04:14.480]  And they're all buddies.
[01:04:14.480 --> 01:04:18.480]  They all know each other and they take care of each other.
[01:04:18.480 --> 01:04:22.480]  Four-sided chess board, you get that politics working in your behalf.
[01:04:22.480 --> 01:04:25.480]  Does that make sense, Jack?
[01:04:25.480 --> 01:04:27.480]  Yes, sir, it makes sense.
[01:04:27.480 --> 01:04:29.480]  How are we doing on the caller board?
[01:04:29.480 --> 01:04:30.480]  I don't want to hug all the time.
[01:04:30.480 --> 01:04:32.480]  Okay, we've got a couple.
[01:04:32.480 --> 01:04:33.480]  We just filled up.
[01:04:33.480 --> 01:04:35.480]  We just got a third one on there.
[01:04:35.480 --> 01:04:39.480]  So Jack, you're out of here, Bubba.
[01:04:39.480 --> 01:04:43.480]  I appreciate your help, Randy and Dan.
[01:04:43.480 --> 01:04:45.480]  Can I call back tomorrow with more questions?
[01:04:45.480 --> 01:04:47.480]  Absolutely.
[01:04:47.480 --> 01:04:50.480]  We've got four hours tomorrow night.
[01:04:50.480 --> 01:04:51.480]  All right, that'd be great.
[01:04:51.480 --> 01:04:53.480]  All right, well, thank you very much, gentlemen.
[01:04:53.480 --> 01:04:54.480]  I should appreciate it.
[01:04:54.480 --> 01:04:56.480]  This is a great, great start for me.
[01:04:56.480 --> 01:04:57.480]  Okay.
[01:04:57.480 --> 01:04:58.480]  Thank you, Jack.
[01:04:58.480 --> 01:04:59.480]  Now we're going to go to...
[01:04:59.480 --> 01:05:00.480]  Go get him.
[01:05:00.480 --> 01:05:02.480]  Wait, wait, wait, wait, wait.
[01:05:02.480 --> 01:05:11.480]  Before we go to the next caller, Dan had a story about Sue and a cop.
[01:05:11.480 --> 01:05:16.480]  Yes, he pulled me over about three years for driving while poor.
[01:05:16.480 --> 01:05:20.480]  He was not speeding, was not drinking, was not out of my lane.
[01:05:20.480 --> 01:05:26.480]  He had no reason to know the plate registration had expired until after he pulled me over.
[01:05:26.480 --> 01:05:33.480]  He got the question, what is the purpose of the stop, officer, about 21 times?
[01:05:33.480 --> 01:05:36.480]  Which was my response to every question he'd asked.
[01:05:36.480 --> 01:05:40.480]  And that led to me sitting on the sidewalk behind my car.
[01:05:40.480 --> 01:05:45.480]  And he pulls another officer up behind me, trying to provoke a fight the whole time.
[01:05:45.480 --> 01:05:51.480]  And earlier that year, this particular police department had an issue where five officers
[01:05:51.480 --> 01:05:52.480]  killed a man.
[01:05:52.480 --> 01:05:58.480]  They fired 83 rounds, five of which actually hit this guy who was mildly retarded.
[01:05:58.480 --> 01:06:04.480]  So I'm kind of looking at this like I'm in reasonable danger, you know, for...in fear
[01:06:04.480 --> 01:06:06.480]  of my life.
[01:06:06.480 --> 01:06:11.480]  But the cop was trying to provoke a fight the whole time to the extent of he let me sit
[01:06:11.480 --> 01:06:14.480]  back in my car before it got towed.
[01:06:14.480 --> 01:06:16.480]  You know, I had valuables in the back.
[01:06:16.480 --> 01:06:19.480]  And he said, sign this to say there are no valuables.
[01:06:19.480 --> 01:06:23.480]  I said, officer, there are gas cans and political signs in the back.
[01:06:23.480 --> 01:06:25.480]  And he said, so there are no valuables.
[01:06:25.480 --> 01:06:28.480]  So I said, no, there are gas cans and political signs in the back.
[01:06:28.480 --> 01:06:29.480]  This repeated another five times.
[01:06:29.480 --> 01:06:31.480]  He said, okay, sign this.
[01:06:31.480 --> 01:06:34.480]  So on the paperwork, I wrote gas cans and political signs.
[01:06:34.480 --> 01:06:37.480]  I handed the pen and the clipboard back to him.
[01:06:37.480 --> 01:06:38.480]  And he yelled at me.
[01:06:38.480 --> 01:06:41.480]  He said, I told you not to write on my paperwork.
[01:06:41.480 --> 01:06:45.480]  I said, I can't, you're holding it and the pen in your hand.
[01:06:45.480 --> 01:06:47.480]  And then he yelled back at me.
[01:06:47.480 --> 01:06:48.480]  And then I yelled at him.
[01:06:48.480 --> 01:06:50.480]  I said, citation, please.
[01:06:50.480 --> 01:06:52.480]  So that occurred on a Wednesday.
[01:06:52.480 --> 01:07:00.480]  And he was served bright and early on a Tuesday morning with a 42-USD 1983 lawsuit for conversion
[01:07:00.480 --> 01:07:04.480]  for stealing my vehicle, for detaining me unlawfully.
[01:07:04.480 --> 01:07:07.480]  And actually the class action count was count five.
[01:07:07.480 --> 01:07:11.480]  I sued him in the city and I sued him under Monal.
[01:07:11.480 --> 01:07:18.480]  And I said, basically he was put up to this by the city to basically go out and try to justify getting grant money.
[01:07:18.480 --> 01:07:20.480]  I had filed a complaint.
[01:07:20.480 --> 01:07:23.480]  I was looking for the address to file a complaint against the officer.
[01:07:23.480 --> 01:07:29.480]  And it turns out the city was looking for $16,000 for the Department of Justice.
[01:07:29.480 --> 01:07:32.480]  So I styled my complaint as a grant comment.
[01:07:32.480 --> 01:07:38.480]  And I said this particular officer's skills, she would be appreciated in another jurisdiction.
[01:07:38.480 --> 01:07:46.480]  And the department should part ways with him because he would be appreciated in a place like Mexico that has no respect for due process and the rule of law.
[01:07:46.480 --> 01:07:55.480]  Well, my understanding is the municipalities and sure probably spent 50 grand fighting that off.
[01:07:55.480 --> 01:08:04.480]  And my understanding was also that they did not get the $16,000 grant and my driving law poor charges were dropped.
[01:08:04.480 --> 01:08:05.480]  Wonderful.
[01:08:05.480 --> 01:08:09.480]  I had two very good attorney friends of mine.
[01:08:09.480 --> 01:08:14.480]  They went in, they graciously agreed to help me out.
[01:08:14.480 --> 01:08:21.480]  And every time they came out from talking to the prosecutor, they were like, Dan, what did you do to that guy?
[01:08:21.480 --> 01:08:27.480]  And, you know, and it was funny because I was wondering why this guy was so irate on the side of the road.
[01:08:27.480 --> 01:08:38.480]  So one of my interrogatories in the federal case, they removed it to federal court, was when is the last time you did heroin, PCP, cocaine, LSD or anabolic steroids?
[01:08:38.480 --> 01:08:42.480]  Please answer for each instance in the last three years.
[01:08:42.480 --> 01:08:46.480]  They didn't want to answer that question.
[01:08:46.480 --> 01:08:47.480]  Why not?
[01:08:47.480 --> 01:08:50.480]  That's a simple enough question.
[01:08:50.480 --> 01:08:54.480]  They objected to it.
[01:08:54.480 --> 01:09:03.480]  So, I mean, the bottom line is when you pick the fight like that, the anatomy of the federal lawsuit to give you the longest short answer is filing in state court.
[01:09:03.480 --> 01:09:08.480]  If you don't really have a whole lot of money, chances are they're going to remove it to the Fed.
[01:09:08.480 --> 01:09:11.480]  They'll pay the $400 filing before you.
[01:09:11.480 --> 01:09:23.480]  And in addition to that, be ready, you're going to have your Rule 26F conference, which is just kind of like a basic pre-trial report on, okay, here's the discovery deadlines.
[01:09:23.480 --> 01:09:25.480]  Here are the issues of the case.
[01:09:25.480 --> 01:09:35.480]  You know, here's like when the number of interrogatories we expect to need, here's the number of witnesses and the names of the witnesses we expect to call.
[01:09:35.480 --> 01:09:47.480]  But, you know, if you get kind of familiar with that sort of thing and you're ready to pick a meaningful fight, like I say this, a lot of people, I know you're working with a friend of mine right now.
[01:09:47.480 --> 01:10:02.480]  I mean, I kind of advocate, like, from my part, and this is only because I do this with myself, is when my rights are being friend, I will pick the fight first, like, without hesitation, as soon as I possibly can.
[01:10:02.480 --> 01:10:11.480]  You know, because people respond to that, you know, and that's kind of like, listen, you know, if my rights are being violated, I'm the best guardian of it.
[01:10:11.480 --> 01:10:19.480]  And it turned out, in my case, with that situation, it was exactly how the law should have worked.
[01:10:19.480 --> 01:10:23.480]  I mean, I had two good attorneys who are good friends of mine.
[01:10:23.480 --> 01:10:27.480]  They did an excellent job, and they were the good cop.
[01:10:27.480 --> 01:10:34.480]  Me, in the federal case, I was, by far, the bad cop.
[01:10:34.480 --> 01:10:40.480]  And that's perfect, that you gave your lawyers plausible deniability.
[01:10:40.480 --> 01:10:50.480]  They could come in and be the good guys and try to pull the dirty, rotten, no good, prosa, off the poor, beleaguered police officer.
[01:10:50.480 --> 01:10:58.480]  And I got to tell you something, I mean, over the years, like, I've seen a lot of lawyers that honestly should not be practicing,
[01:10:58.480 --> 01:11:06.480]  but I got to tell you, you know, there are a lot of good lawyers out there, just like there are a lot of good police officers out there.
[01:11:06.480 --> 01:11:12.480]  Like, you had the story, you always said about the officer, you were driving your engine down the road in the back of your truck,
[01:11:12.480 --> 01:11:20.480]  he pulled over, you know, and he's like, do you need help with that? And he helped you out, just like I had an officer a few weeks ago,
[01:11:20.480 --> 01:11:26.480]  he was driving out with my ex, one of my kids, he pulled up behind us, he helped me change attire.
[01:11:26.480 --> 01:11:32.480]  And I wrote a letter to the department saying, like, hey, you really need more police officers like that.
[01:11:32.480 --> 01:11:37.480]  And if we write those letters, the discussion is going to move between, like,
[01:11:37.480 --> 01:11:45.480]  I served and protected the crap out of me by taking my stuff to, this is Dudley Dooh, right?
[01:11:45.480 --> 01:11:51.480]  You know, I cannot possibly complain, you know, and this is the type of officer we need to see.
[01:11:51.480 --> 01:11:57.480]  So whenever you see an officer do something good and positive, write that letter.
[01:11:57.480 --> 01:12:04.480]  That letter makes a difference. I had a letter I wrote to an officer about, you know, seven years ago, you know, prior to that.
[01:12:04.480 --> 01:12:12.480]  He used that, that particular police sergeant in my town, he uses that letter to train other officers.
[01:12:12.480 --> 01:12:24.480]  That is great. And, you know, I wrote a letter to the county of Denton, Texas, and asked for $10 million.
[01:12:24.480 --> 01:12:41.480]  And a friend of mine got on as a jail guard in Wise County, and she had to go to Denton County to take a course in how to deal with difficult people.
[01:12:41.480 --> 01:12:52.480]  And they had an example, and when they told the guy's name, she said she kind of ducked and looked around and said, ooh, I know that guy.
[01:12:52.480 --> 01:13:00.480]  So was that like the course that Cherokee County probably had to take in Freedom of Information Act requests?
[01:13:00.480 --> 01:13:09.480]  Good, good chance. But Denton County actually uses me as their example, difficult person.
[01:13:09.480 --> 01:13:11.480]  Oh, well.
[01:13:11.480 --> 01:13:23.480]  And they should because they're not going to get me ruffled, they're not going to distract me, and I am not going to be reasonable, and I am not going to be understanding.
[01:13:23.480 --> 01:13:26.480]  Everything I can is such a...
[01:13:26.480 --> 01:13:32.480]  But you mentioned something about picking the fight.
[01:13:32.480 --> 01:13:38.480]  Most people only deal with the courts when the courts are coming after them.
[01:13:38.480 --> 01:13:43.480]  When you go in and start the fight, well, it's a whole other animal.
[01:13:43.480 --> 01:13:50.480]  And when the courts come after me, I turn around and go right back after them.
[01:13:50.480 --> 01:13:54.480]  That's how I got the last case against me thrown out.
[01:13:54.480 --> 01:13:57.480]  Well, actually, they threw it out to protect my lawyer from me.
[01:13:57.480 --> 01:14:05.480]  It really works when you take them all to task, and that's why we do this show.
[01:14:05.480 --> 01:14:08.480]  We have a whole bunch of callers.
[01:14:08.480 --> 01:14:10.480]  All right, let's go to it.
[01:14:10.480 --> 01:14:15.480]  Let's go to Kevin. I guess it's Kevin and Michigan.
[01:14:15.480 --> 01:14:16.480]  Yeah.
[01:14:16.480 --> 01:14:19.480]  Are you a first-time caller?
[01:14:19.480 --> 01:14:24.480]  Not really. I call Eddie most of the time, but I'm calling you now.
[01:14:24.480 --> 01:14:25.480]  What?
[01:14:25.480 --> 01:14:27.480]  You call Eddie?
[01:14:27.480 --> 01:14:33.480]  Oh, now I feel disparaged.
[01:14:33.480 --> 01:14:38.480]  I think you're more knowledgeable in what I need right now than Eddie.
[01:14:38.480 --> 01:14:41.480]  And usually, I usually call Eddie for traffic stuff.
[01:14:41.480 --> 01:14:43.480]  And right now, I'm just...
[01:14:43.480 --> 01:14:50.480]  Okay, just for the record, on this show, we caught Eddie no slack.
[01:14:50.480 --> 01:14:56.480]  Oh, I know how you get my hard time.
[01:14:56.480 --> 01:14:59.480]  I've heard you get my hard time before.
[01:14:59.480 --> 01:15:04.480]  But yeah, I'm dealing with purely courts right now, not really the traffic thing.
[01:15:04.480 --> 01:15:06.480]  I'm just dealing with courts.
[01:15:06.480 --> 01:15:15.480]  And I'm in Michigan, so I'm probably going to work a little bit different, but a little bit similar also.
[01:15:15.480 --> 01:15:29.480]  So, I failed to meet the time requirement on San Lamar Hill.
[01:15:29.480 --> 01:15:39.480]  And now it left me in a position where they're sending letters asking for money and things of that nature.
[01:15:39.480 --> 01:15:45.480]  The regular things that they'll do is substantially warrant.
[01:15:45.480 --> 01:15:53.480]  So, I just wanted to ask, I'm about to file some more complaints.
[01:15:53.480 --> 01:16:04.480]  And your guest, your host, your co-host, he was talking about a lot of things that I'm about to go through right now.
[01:16:04.480 --> 01:16:13.480]  A lot of the times in Michigan, if you have a misdemeanor driving without a license, they'll give you an attorney.
[01:16:13.480 --> 01:16:20.480]  And then once they see you're going to fight it, then they'll try and drop the misdemeanor charge and then they'll take the attorney from you.
[01:16:20.480 --> 01:16:22.480]  So, I went to...
[01:16:22.480 --> 01:16:26.480]  Wait, wait, hold on. They take the attorney from you?
[01:16:26.480 --> 01:16:29.480]  Yeah, because they've dropped the misdemeanor charge.
[01:16:29.480 --> 01:16:31.480]  So, since they've dropped the misdemeanor charge...
[01:16:31.480 --> 01:16:34.480]  Oh, they drop it down to an infraction, you're saying?
[01:16:34.480 --> 01:16:39.480]  Yeah, but no, they've dropped the whole misdemeanor charge all together.
[01:16:39.480 --> 01:16:42.480]  Okay, okay. Hang on. About to go to break.
[01:16:42.480 --> 01:16:47.480]  Randy Kelton, Debra Stevens, Roodle Law Radio. We'll be right back.
[01:16:47.480 --> 01:17:04.480]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends.
[01:17:04.480 --> 01:17:08.480]  I'm so addicted to the truth now that there's no going back. I need my truth pick.
[01:17:08.480 --> 01:17:13.480]  I'd be lost without logos. And I really want to help keep this network on the air.
[01:17:13.480 --> 01:17:18.480]  I love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't have any money to give
[01:17:18.480 --> 01:17:22.480]  because I sent it all on supplement. How can I help logos?
[01:17:22.480 --> 01:17:27.480]  Well, I'm glad you asked. Whenever you order anything from Amazon, you can help logos.
[01:17:27.480 --> 01:17:31.480]  With ordering your supplies or holiday gifts, the first thing you do is clear your cookies.
[01:17:31.480 --> 01:17:37.480]  Now, go to LogosRadioNetwork.com. Click on the Amazon logo and bookmark it.
[01:17:37.480 --> 01:17:42.480]  Now, when you order anything from Amazon, you use that link and Logos gets a few pesos.
[01:17:42.480 --> 01:17:47.480]  Do I pay extra? No. Do you have to do anything different when I order? No.
[01:17:47.480 --> 01:17:50.480]  Can I use my Amazon pride? No. I mean, yes.
[01:17:50.480 --> 01:17:56.480]  Wow. Giving without doing anything or spending any money. This is perfect. Thank you so much.
[01:17:56.480 --> 01:18:00.480]  We are Logos. Happy holidays, Logos.
[01:18:00.480 --> 01:18:05.480]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[01:18:05.480 --> 01:18:08.480]  Stop debt collectors now with the Michael Mirris Proven Method.
[01:18:08.480 --> 01:18:14.480]  Michael Mirris has won six cases in federal court against debt collectors and now you can win two.
[01:18:14.480 --> 01:18:20.480]  You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes.
[01:18:20.480 --> 01:18:26.480]  What to do when contacted by phone, mail, or court summons? How to answer letters and phone calls?
[01:18:26.480 --> 01:18:29.480]  How to get debt collectors out of your credit report?
[01:18:29.480 --> 01:18:33.480]  How to turn the financial tables on them and make them pay you to go away?
[01:18:33.480 --> 01:18:38.480]  The Michael Mirris Proven Method is the solution for how to stop debt collectors.
[01:18:38.480 --> 01:18:44.480]  Personal consultation is available as well. For more information, please visit ruleoflawradio.com
[01:18:44.480 --> 01:18:49.480]  and click on the blue Michael Mirris banner or email michaelmirris at yahoo.com.
[01:18:49.480 --> 01:18:57.480]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[01:18:57.480 --> 01:19:00.480]  To learn how to stop debt collectors now.
[01:19:00.480 --> 01:19:10.480]  This is The Logos, the logo, radio, net, radio, net, radio, radio, net.
[01:19:10.480 --> 01:19:26.480]  I ain't gonna lie to me, don't bore me
[01:19:26.480 --> 01:19:35.480]  Well, you ain't gonna clue me without the same old picture again
[01:19:35.480 --> 01:19:40.480]  I was blindsided, but now I can see you flash
[01:19:40.480 --> 01:19:45.480]  You put the beer in my pocket, took the money from my hand
[01:19:45.480 --> 01:19:53.480]  Ain't gonna fool me with that same old trick again
[01:19:53.480 --> 01:20:01.480]  Okay, we are back. Randy Kelton, Deborah Stevens here with Dan Reel, and we're talking to Kevin and Michigan
[01:20:01.480 --> 01:20:12.480]  Okay, Kevin, they dropped the case. How did that harm you? What did they do after they dropped the case?
[01:20:12.480 --> 01:20:22.480]  Usually I'll have it like 30 because I won't ever present my driver's license or I won't present any type of...
[01:20:22.480 --> 01:20:36.480]  Wait a minute, you're going somewhere else. They had a case against you, they appointed you counsel, and in order to get rid of your counsel, they dismissed the case
[01:20:36.480 --> 01:20:44.480]  No, it's three cases. Usually there's two civil infractions and they're driving without having a license, it's a miscarriage
[01:20:44.480 --> 01:20:49.480]  Okay, so you do have infractions in Michigan?
[01:20:49.480 --> 01:20:55.480]  Yes. Okay, do you have a right to counsel on an infraction?
[01:20:55.480 --> 01:21:02.480]  No, but the misdemeanor you do, the misdemeanor driving without a license on you, without producing a license is a misdemeanor
[01:21:02.480 --> 01:21:09.480]  So they dismissed the misdemeanor to get rid of your license, that's exactly what Dan was saying
[01:21:09.480 --> 01:21:13.480]  You were right Dan. They were on procedural tricks
[01:21:13.480 --> 01:21:24.480]  Yeah, so in order to get rid of the counsel, they all dropped that, but you're still left with two infractions that you still have to fight
[01:21:24.480 --> 01:21:34.480]  So, you know, they try and tack those ones up on you, but they dropped the misdemeanor, so that's how they let the lawyer weasle off
[01:21:34.480 --> 01:21:41.480]  because he's no longer needed if there's no criminal misdemeanor charge against you
[01:21:41.480 --> 01:22:00.480]  Yeah, so in this particular matter, I missed the appeal, so when I missed the appeal, I already had one of the judges disqualified because the first judge she just...
[01:22:00.480 --> 01:22:07.480]  Okay, wait a minute, we're going to run out of time. What was your end result? What's your question?
[01:22:07.480 --> 01:22:18.480]  Okay, my question is, what's the best way to proceed after this because I actually... I didn't go on the offensive yet
[01:22:18.480 --> 01:22:31.480]  Okay, okay, there's only one way. After you missed the appeal deadline, there's only one way I know of to proceed and that's for the subject matter jurisdiction challenge
[01:22:31.480 --> 01:22:45.480]  Well, that's one way. The second way is you would have to get it reopened and you would have to explain why that reason, you miss the time to appeal or otherwise challenge it
[01:22:45.480 --> 01:22:54.480]  You know, I mean, that was valid, for example, you know, and I'm just going to give an example of a true story of an excuse to be late of the case I worked on
[01:22:54.480 --> 01:23:02.480]  This particular client fractured his spine in two places. I mean, you can't, you know, be like, that's a valid reason
[01:23:02.480 --> 01:23:09.480]  You know, I mean, it can't be like, you know, my fish has cancer or whatever, I just missed that line
[01:23:09.480 --> 01:23:18.480]  You know, so if you've got a reason you didn't do that on time, you can always go back and have it reconsidered or you could move to reopen it
[01:23:18.480 --> 01:23:24.480]  Okay, so would that be a, would that be a motion to this?
[01:23:24.480 --> 01:23:30.480]  Wait a minute, how long, how far, how long has it been since your deadline passed?
[01:23:30.480 --> 01:23:35.480]  About, I'd say about 60 days, not even.
[01:23:35.480 --> 01:23:37.480]  Okay, that's the reason I just...
[01:23:37.480 --> 01:23:46.480]  Not terrible, not terrible, but doable if the reason is of such magnitude that you were prevented from, from prosecuting it
[01:23:46.480 --> 01:23:59.480]  I actually filed, and I actually, when I filed it, I had mis-filed it, so when I mis-filed it, I had to send it back again, and when I sent it back again, it timed out
[01:23:59.480 --> 01:24:12.480]  Okay, excusable error. You can petition the court for an enlargement of time for excusable error
[01:24:12.480 --> 01:24:21.480]  That you're pro se and you mis-filed, you filed timely, but there was an error in the filing
[01:24:21.480 --> 01:24:32.480]  And who I filed is not with the same judge that denied me the first time, because I've been denied with this reconsideration for him to reconsider me timing out
[01:24:32.480 --> 01:24:43.480]  because I had already tried to explain the reason why timed out is because they sent it back because of an error, so he denied that, so...
[01:24:43.480 --> 01:24:56.480]  Okay, wait a minute, wait a minute, you filed timely because there was an error, if it's an excusable error, you should still be able to get this opened
[01:24:56.480 --> 01:25:03.480]  Because he's saying that it's not excusable, because I guess, I don't know, he's saying that it still had to be...
[01:25:03.480 --> 01:25:09.480]  Well, no, no, actually, in a lot of, I mean, you're talking about an appeal, right?
[01:25:09.480 --> 01:25:11.480]  Yup, yup
[01:25:11.480 --> 01:25:18.480]  Okay, so, so, appeals in Michigan, was this, like, this was from, like, a traffic thing?
[01:25:18.480 --> 01:25:20.480]  Yup, it was a traffic thing
[01:25:20.480 --> 01:25:28.480]  Okay, so, I can tell you how it works in Connecticut and I would imagine it's somewhat analogous, because in Connecticut we have a traffic court
[01:25:28.480 --> 01:25:32.480]  and if you have a problem with the ticket, you appeal it to the Superior Court
[01:25:32.480 --> 01:25:35.480]  The Superior Court is lower than the Appellate Court
[01:25:35.480 --> 01:25:44.480]  So, I mean, a lot of the principles and philosophy and, you know, the basis behind the rules, I would imagine, is similar
[01:25:44.480 --> 01:25:54.480]  So, if you're going to appeal it to, say, a higher court, you would probably do a motion for, you know, the permission to, you know, extend the time
[01:25:54.480 --> 01:25:56.480]  Wait, hold on, hold on, Dan
[01:25:56.480 --> 01:25:59.480]  There's another issue here
[01:25:59.480 --> 01:26:05.480]  Is the infraction court a court of record?
[01:26:05.480 --> 01:26:07.480]  Yup, it is
[01:26:07.480 --> 01:26:13.480]  Okay, so you have to appeal on point of error
[01:26:13.480 --> 01:26:20.480]  In Texas, we have municipal courts and JPs and they don't have to be lawyers
[01:26:20.480 --> 01:26:23.480]  If they're not a lawyer, it's not a court of record
[01:26:23.480 --> 01:26:26.480]  If it's a court of record, the judge has to be a lawyer
[01:26:26.480 --> 01:26:36.480]  But if it's a JP court or if it's a municipal court that's not a court of record, then an appeal is no, is a trial de novo, like the original trial didn't happen
[01:26:36.480 --> 01:26:39.480]  You don't have to claim point of error
[01:26:39.480 --> 01:26:45.480]  There was an error because I was challenging the subject around the jurisdiction and he just kept going
[01:26:45.480 --> 01:26:50.480]  Okay, and you filed timely but you filed in the wrong case?
[01:26:50.480 --> 01:27:00.480]  No, I filed it. I had an error on my original pleading, my original filing and they sent it back and when I sent it back, it was timed out
[01:27:00.480 --> 01:27:06.480]  Okay, you should file for it. When you sent it back, you should have asked for an enlargement of time
[01:27:06.480 --> 01:27:13.480]  But go ahead and file with the court and ask them for an enlargement of time and explain that you filed timely
[01:27:13.480 --> 01:27:19.480]  That there was an error and when you were refiled, you were out of time
[01:27:19.480 --> 01:27:24.480]  And this unnecessarily denies you in your remedy
[01:27:24.480 --> 01:27:28.480]  And when they refuse it, then you can appeal their ruling
[01:27:28.480 --> 01:27:37.480]  Okay, and you say it's another way with the subject manager jurisdiction challenge
[01:27:37.480 --> 01:27:45.480]  Because I was objecting to everything they were doing saying that I needed a subject manager jurisdiction
[01:27:45.480 --> 01:27:51.480]  Okay, hold on. The subject manager jurisdiction, this goes to one point
[01:27:51.480 --> 01:28:02.480]  Was the complaint that was filed with the court sufficient to invoke the subject manager jurisdiction of the court?
[01:28:02.480 --> 01:28:03.480]  Yeah
[01:28:03.480 --> 01:28:13.480]  The right to file in Michigan is in law. What code did they charge you under?
[01:28:13.480 --> 01:28:16.480]  The motor vehicle
[01:28:16.480 --> 01:28:27.480]  So in Michigan law, is the motor vehicle code a commercial code?
[01:28:27.480 --> 01:28:33.480]  You can't really tell, but they're trying to make it read like it isn't, but it is
[01:28:33.480 --> 01:28:42.480]  Okay, then claim that it is a commercial code and it only applies to licensed drivers
[01:28:42.480 --> 01:28:54.480]  And if it applies to licensed drivers, it only applies to a licensed driver who's using that license
[01:28:54.480 --> 01:29:09.480]  I have a professional driver's license for Texas and I have registered my conveyance as a motor vehicle
[01:29:09.480 --> 01:29:14.480]  I don't always use it in that context, so go back and look at the complaint
[01:29:14.480 --> 01:29:27.480]  Did the complaint state enough facts to establish that you fall within the authority of the statutory scheme?
[01:29:27.480 --> 01:29:32.480]  That's the argument you want to make. That's the one that'll get you in the door on subject manager jurisdiction
[01:29:32.480 --> 01:29:39.480]  Subject manager jurisdiction can be challenged no matter how remote in history, send me an email
[01:29:39.480 --> 01:29:45.480]  I'll send you my section on subject manager jurisdiction
[01:29:45.480 --> 01:29:51.480]  And I will send you a subject manager jurisdiction challenge for Texas law
[01:29:51.480 --> 01:29:57.480]  You'll have to look at Michigan law to see how it relates
[01:29:57.480 --> 01:30:02.480]  I'll give you the idea how to construct a library
[01:30:02.480 --> 01:30:07.480]  Should you be forced to get a Facebook account? One German publication says yes
[01:30:07.480 --> 01:30:11.480]  Saying that people who don't use the social network are suspicious
[01:30:11.480 --> 01:30:16.480]  Well, I'm the very suspicious Dr. Katharine Albrecht and I'll be back with details in a moment
[01:30:16.480 --> 01:30:22.480]  Privacy is under attack. When you give up data about yourself, you'll never get it back again
[01:30:22.480 --> 01:30:27.480]  And once your privacy is gone, you'll find your freedoms will start to vanish too
[01:30:27.480 --> 01:30:32.480]  So protect your rights. Say no to surveillance and keep your information to yourself
[01:30:32.480 --> 01:30:35.480]  Privacy. It's worth hanging on to
[01:30:35.480 --> 01:30:38.480]  This message is brought to you by StartPage.com
[01:30:38.480 --> 01:30:42.480]  The private search engine alternative to Google, Yahoo and Bing
[01:30:42.480 --> 01:30:46.480]  Start over with StartPage
[01:30:46.480 --> 01:30:51.480]  The whole world was stunned when American employers started demanding Facebook passwords from job seekers
[01:30:51.480 --> 01:30:56.480]  It was an outrageous privacy violation that angered a lot of people and even prompted legislation
[01:30:56.480 --> 01:31:01.480]  But one German publication, Der Tagespiegel, has a different take
[01:31:01.480 --> 01:31:07.480]  In an article titled No Facebook, No Job Offer, it claims that not only were those U.S. employers right
[01:31:07.480 --> 01:31:11.480]  But anyone who's not on Facebook should be considered a suspicious citizen
[01:31:11.480 --> 01:31:15.480]  They even hinted that not posting your most intimate details for the world to see
[01:31:15.480 --> 01:31:17.480]  Might mean you're a mass murderer
[01:31:17.480 --> 01:31:21.480]  You'd think Germany of all places would know mass murder is better than that
[01:31:21.480 --> 01:31:23.480]  Hile Facebook anyone?
[01:31:23.480 --> 01:31:28.480]  I'm Dr. Cameron Albright for StartPage.com, the world's most private search engine
[01:31:30.480 --> 01:31:36.480]  This is Building 7, a 47 story skyscraper that fell on the afternoon of September 11
[01:31:36.480 --> 01:31:38.480]  The government says that fire brought it down
[01:31:38.480 --> 01:31:43.480]  However, 1500 architects and engineers have concluded it was a controlled demolition
[01:31:43.480 --> 01:31:48.480]  Over 6,000 of my fellow service members have given their lives and thousands of my fellow force responders have died
[01:31:48.480 --> 01:31:50.480]  I'm not a conspiracy theorist
[01:31:50.480 --> 01:31:51.480]  I'm a structural engineer
[01:31:51.480 --> 01:31:52.480]  I'm a New York City correctional
[01:31:52.480 --> 01:31:53.480]  I'm an Air Force pilot
[01:31:53.480 --> 01:31:55.480]  I'm the father who lost his son
[01:31:55.480 --> 01:31:57.480]  We're Americans and we deserve the truth
[01:31:57.480 --> 01:32:24.480]  Go to RememberBuilding7.org today
[01:32:27.480 --> 01:32:32.480]  You can trust Hill Country Home Improvements to handle your claim and your roof right the first time
[01:32:32.480 --> 01:32:38.480]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com
[01:32:38.480 --> 01:32:41.480]  Mention the crypto show and get $100 off
[01:32:41.480 --> 01:32:45.480]  And we'll donate another $100 to the Logos Radio Network to help continue this programming
[01:32:45.480 --> 01:32:50.480]  So if those out of town roofers come knocking, your door should be locked in
[01:32:50.480 --> 01:32:56.480]  That's 512-992-8745 or hillcountryhomeimprovements.com
[01:32:56.480 --> 01:32:59.480]  Discounts are based on full roof replacement
[01:32:59.480 --> 01:33:01.480]  I mean I actually be kidding about Kim Trails
[01:33:01.480 --> 01:33:04.480]  You are listening to the Logos Radio Network
[01:33:04.480 --> 01:33:30.480]  LogosRadioNetwork.com
[01:33:34.480 --> 01:34:02.480]  Logos Radio Network
[01:34:02.480 --> 01:34:04.480]  Okay, we are back
[01:34:04.480 --> 01:34:10.480]  We're Andy Kelton, Debra Stephens, rule of law radio here with Dan Reel from Connecticut
[01:34:10.480 --> 01:34:13.480]  And we're talking to Kev and Michigan
[01:34:13.480 --> 01:34:19.480]  Okay Kev, we've got a half an hour and we've got a whole board full of callers for duty to move along
[01:34:19.480 --> 01:34:25.480]  But Dan suggested that I explain subject matter jurisdiction
[01:34:25.480 --> 01:34:30.480]  If you come to the court, if I come to the court and I sue Dan Reel
[01:34:30.480 --> 01:34:36.480]  And I say that Dan Reel parted his hair on the left
[01:34:36.480 --> 01:34:39.480]  And I hate hair being parted on the left
[01:34:39.480 --> 01:34:45.480]  I want the court to rule that Dan must part his hair on the right
[01:34:45.480 --> 01:34:55.480]  The court is going to say you failed to bring a controversy and adjudicatable controversy to the court
[01:34:55.480 --> 01:35:02.480]  Therefore, you are unable to invoke the subject matter jurisdiction of the court
[01:35:02.480 --> 01:35:16.480]  Now the court may have general subject matter jurisdiction over the area and over the subject matter
[01:35:16.480 --> 01:35:25.480]  But in order to invoke that jurisdiction, you have to bring a controversy to the court
[01:35:25.480 --> 01:35:31.480]  And in bringing the controversy, your claim must be sufficient
[01:35:31.480 --> 01:35:43.480]  And on traffic citations, the approach I've been taking is challenging the sufficiency of the charging instrument
[01:35:43.480 --> 01:35:55.480]  Since transportation, a citation under the transportation code is a commercial statute
[01:35:55.480 --> 01:36:02.480]  It is restricted in its application, doesn't apply to everybody
[01:36:02.480 --> 01:36:13.480]  I mean, if I'm driving down the road too fast and the policeman comes and gives me a ticket for flying an airplane without a license
[01:36:13.480 --> 01:36:17.480]  It doesn't apply, it doesn't fly on an airplane
[01:36:17.480 --> 01:36:26.480]  If in Texas the police officer gives me a ticket for running a red light
[01:36:26.480 --> 01:36:36.480]  And he does not demonstrate that I was acting in commerce, transporting portions or product for hire
[01:36:36.480 --> 01:36:40.480]  Then the statutory scheme does not apply to me
[01:36:40.480 --> 01:36:51.480]  If the complaint fails to include the elements of transportation, the complaint is insufficient on its face
[01:36:51.480 --> 01:36:55.480]  That gives you a challenge to subject matter jurisdiction
[01:36:55.480 --> 01:37:00.480]  Does that make sense, Kevin?
[01:37:00.480 --> 01:37:07.480]  Yes, I'm thinking about also, like, found a lawsuit on this judge
[01:37:07.480 --> 01:37:13.480]  We think there will be a smart move to go on the attack also while I file
[01:37:13.480 --> 01:37:18.480]  First one is probably an excusable error, and let's see what they say about that
[01:37:18.480 --> 01:37:29.480]  And then the last resort is going to be that subject matter jurisdiction challenge, but I'm thinking about going on the attack also before
[01:37:29.480 --> 01:37:37.480]  Or simultaneously while I'm filing this excusable error against this judge for denying me my rights
[01:37:37.480 --> 01:37:39.480]  Okay
[01:37:39.480 --> 01:37:45.480]  Going on the attack is great after the fact, this is after the fact
[01:37:45.480 --> 01:37:50.480]  It won't affect the fact that they're going to try to collect these funds from you
[01:37:50.480 --> 01:37:55.480]  Actually, they're not allowed to statutorily
[01:37:55.480 --> 01:38:06.480]  If you're in the process of the case, and I suggest to people that there's special traffic tickets, you should attack immediately
[01:38:06.480 --> 01:38:12.480]  As soon as they rat you the ticket, when I go down to the court, they get a challenge subject matter jurisdiction
[01:38:12.480 --> 01:38:17.480]  They get complaints against the officer, they get all kinds of stuff
[01:38:17.480 --> 01:38:20.480]  You go after them immediately
[01:38:20.480 --> 01:38:24.480]  And this is not about laws, it's about politics
[01:38:24.480 --> 01:38:30.480]  The last ticket I got was in a town about the county seat of the county I live in
[01:38:30.480 --> 01:38:34.480]  And I went down to the court and told the clerk, said, can I help you?
[01:38:34.480 --> 01:38:38.480]  I said, yeah, that dirty rotten copper, he wrote me a ticket
[01:38:38.480 --> 01:38:42.480]  And she said he did, yes he did, what is he searching for?
[01:38:42.480 --> 01:38:45.480]  He said my license was expired
[01:38:45.480 --> 01:38:47.480]  She said, what was it?
[01:38:47.480 --> 01:38:49.480]  Yeah, but only six months
[01:38:49.480 --> 01:38:54.480]  Oh, well, did you get it renewed? No
[01:38:54.480 --> 01:38:58.480]  Are you going to get it renewed? No
[01:38:58.480 --> 01:39:02.480]  She said, you know, if you get it renewed and bring us the receipt, we'll charge 20 bucks and drop it
[01:39:02.480 --> 01:39:04.480]  I know
[01:39:04.480 --> 01:39:09.480]  Well then, do you want a plea? Do you want an interplay? No
[01:39:09.480 --> 01:39:15.480]  I dropped her two information requests at any challenge subject matter jurisdiction
[01:39:15.480 --> 01:39:23.480]  I missed my first court date and got there at nine o'clock, I was supposed to be there at nine, I got there at three
[01:39:23.480 --> 01:39:28.480]  And asked the clerk what happened, they were all upset, they said we wanted to watch
[01:39:28.480 --> 01:39:31.480]  And the prosecutor just missed my case
[01:39:31.480 --> 01:39:37.480]  He did what? The chief of police told him to
[01:39:37.480 --> 01:39:42.480]  Because they didn't want to have to fight with me
[01:39:42.480 --> 01:39:49.480]  The chief told me I wouldn't get the ruling I wanted in his court and I said I know, I'll get that in supreme
[01:39:49.480 --> 01:39:58.480]  You're just a stepping stone and he went to the prosecutor and told him dismiss this case
[01:39:58.480 --> 01:40:01.480]  This jerk's going to run you through the ringer
[01:40:01.480 --> 01:40:08.480]  So my suggestion is they want to fight with you, give them one
[01:40:08.480 --> 01:40:16.480]  It's not going to get any worse, they're going to charge as much as it possibly can no matter what so you can't lose
[01:40:16.480 --> 01:40:26.480]  So anytime going after, but now that they've already adjudicated against you, it won't help as far as having to pay the fee
[01:40:26.480 --> 01:40:32.480]  If I were to pay that fee then I wouldn't have a harm, right?
[01:40:32.480 --> 01:40:36.480]  But I'm not sure I understood that
[01:40:36.480 --> 01:40:41.480]  If I were to pay that fee I wouldn't have an issue, I wouldn't have a...
[01:40:41.480 --> 01:40:46.480]  Oh no, subject matter jurisdiction, that don't make any difference
[01:40:46.480 --> 01:40:56.480]  If they never had subject matter jurisdiction from the beginning, there is nothing you can do to give them subject matter jurisdiction
[01:40:56.480 --> 01:41:02.480]  Now a lot of patriot guys out there say oh you can't do anything in the court or you'll give them jurisdiction
[01:41:02.480 --> 01:41:10.480]  Now you can wave in personum jurisdiction, jurisdiction over you, yourself, the person
[01:41:10.480 --> 01:41:21.480]  But you cannot wave subject matter jurisdiction, example, how about you have me be your judge?
[01:41:21.480 --> 01:41:26.480]  Then I'll let you to take the case for you
[01:41:26.480 --> 01:41:31.480]  See there is nothing you can do that would make me the judge
[01:41:31.480 --> 01:41:39.480]  If that judge does not have the authority to rule in this case, there's not anything you can do to give it to him
[01:41:39.480 --> 01:41:43.480]  It never accrues, it can never be waived
[01:41:43.480 --> 01:41:49.480]  So when all else fails, go to subject matter jurisdiction
[01:41:49.480 --> 01:41:53.480]  Okay, alright, alright
[01:41:53.480 --> 01:41:58.480]  Okay, we need to move along, we've got the whole board full of callers and we're running out of time
[01:41:58.480 --> 01:42:00.480]  Alright, alright, thanks Randy
[01:42:00.480 --> 01:42:04.480]  If you've got more questions, call us back tomorrow night, we've got a four hour show
[01:42:04.480 --> 01:42:06.480]  What's your email?
[01:42:06.480 --> 01:42:09.480]  Randy at roovelawradio.com
[01:42:09.480 --> 01:42:12.480]  You can find it on the website
[01:42:12.480 --> 01:42:18.480]  Okay, now we're going to go to Fareed in California, hello Fareed
[01:42:18.480 --> 01:42:20.480]  Hi Randy, how are you?
[01:42:20.480 --> 01:42:22.480]  I am good
[01:42:22.480 --> 01:42:27.480]  Okay, going back to our discussion yesterday of mine
[01:42:27.480 --> 01:42:29.480]  No, no, no, no, we're on the radio, we can't do that
[01:42:29.480 --> 01:42:33.480]  We got to start at the beginning so everybody else knows what we're talking about
[01:42:33.480 --> 01:42:42.480]  Alright, so my intention is to make an arrest of few judges who have literally acted outside of their jurisdiction
[01:42:42.480 --> 01:42:47.480]  and knowingly have stolen many millions of dollars from me
[01:42:47.480 --> 01:42:50.480]  Basically have bankrupted me
[01:42:50.480 --> 01:42:59.480]  In particular, I have my perfected rescission that has been filed in the California Secretary of State
[01:42:59.480 --> 01:43:07.480]  and one of the very few people who actually found out that there was no loan to me
[01:43:07.480 --> 01:43:14.480]  and I have ample proof from the custodian of records at the title company
[01:43:14.480 --> 01:43:19.480]  and I don't believe they knew what they sent to me when they responded to the subpoena
[01:43:19.480 --> 01:43:24.480]  so it actually shows that there was no money transaction in 2004
[01:43:24.480 --> 01:43:31.480]  Oh, hold on, hold on, we're about to go to break but I will speak to that on the other side
[01:43:31.480 --> 01:43:37.480]  This is a mortgage issue and this is something I didn't know about before
[01:43:37.480 --> 01:43:44.480]  I'll speak to that on the other side, this is Randy Kelkin, Debra Stevens, we have a radio here with Dan Reel
[01:43:44.480 --> 01:43:59.480]  our special co-host, we'll be right back
[01:44:15.480 --> 01:44:22.480]  People have been confused about this plan for over 80 years and many still don't know what hemp is
[01:44:22.480 --> 01:44:27.480]  So now you know hemp is not marijuana and marijuana is not hemp
[01:44:27.480 --> 01:44:30.480]  They are different varieties of the same species
[01:44:30.480 --> 01:44:33.480]  hempusa.org wants the world to know these basic facts
[01:44:33.480 --> 01:44:39.480]  and to help people understand that hemp protein powder is the best kept health secret you need to know about
[01:44:39.480 --> 01:44:46.480]  hemp protein powder contains 53% protein, is gluten free, anti-inflammatory, non-GMO
[01:44:46.480 --> 01:44:50.480]  and is loaded with nutrients called 888-910-4367
[01:44:50.480 --> 01:44:56.480]  888-910-4367 and see what our powder seeds and oil can do for you
[01:44:56.480 --> 01:45:00.480]  only at hempusa.org
[01:45:00.480 --> 01:45:04.480]  Are you the plaintiff or defendant in a lawsuit?
[01:45:04.480 --> 01:45:11.480]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand four CD course
[01:45:11.480 --> 01:45:15.480]  that will show you how in 24 hours, step by step
[01:45:15.480 --> 01:45:19.480]  If you have a lawyer, know what your lawyer should be doing
[01:45:19.480 --> 01:45:23.480]  If you don't have a lawyer, know what you should do for yourself
[01:45:23.480 --> 01:45:28.480]  Thousands have won with our step by step course and now you can too
[01:45:28.480 --> 01:45:34.480]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience
[01:45:34.480 --> 01:45:41.480]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices
[01:45:41.480 --> 01:45:43.480]  that control our American courts
[01:45:43.480 --> 01:45:52.480]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics and much more
[01:45:52.480 --> 01:46:01.480]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ
[01:46:23.480 --> 01:46:27.480]  Some things in this world I will never understand
[01:46:27.480 --> 01:46:31.480]  Some things I realize fully
[01:46:31.480 --> 01:46:36.480]  Somebody's on a police, a policeman
[01:46:36.480 --> 01:46:40.480]  Somebody's on a police, a bully
[01:46:40.480 --> 01:46:44.480]  There's always room at the top of the hill
[01:46:44.480 --> 01:46:49.480]  I hear through the grapevine and it's lonely left to
[01:46:49.480 --> 01:46:53.480]  They're wishing it was more than I positioned to fail
[01:46:53.480 --> 01:46:58.480]  They know that if they don't do it, somebody will complain
[01:46:58.480 --> 01:47:01.480]  This world will never understand
[01:47:01.480 --> 01:47:05.480]  Some things I realize fully
[01:47:05.480 --> 01:47:08.480]  Somebody's on a police, a bully
[01:47:08.480 --> 01:47:13.480]  Okay, we are back. Randy Kelton, Debra Stevens here with Dan Reel
[01:47:13.480 --> 01:47:17.480]  and we're talking to Fareed in California. Fareed
[01:47:17.480 --> 01:47:23.480]  You mentioned that, I take it this is a mortgage issue
[01:47:23.480 --> 01:47:25.480]  Yes
[01:47:25.480 --> 01:47:30.480]  And you're saying that the lender had no money in the deal
[01:47:30.480 --> 01:47:32.480]  That's correct
[01:47:32.480 --> 01:47:35.480]  Okay, hold on, hold on
[01:47:35.480 --> 01:47:38.480]  I have addressed this a number of times
[01:47:38.480 --> 01:47:40.480]  This comes up on occasion
[01:47:40.480 --> 01:47:47.480]  Where people argue that the lender had no money in the deal and my response is always so what?
[01:47:47.480 --> 01:47:51.480]  But I haven't done anything with it
[01:47:51.480 --> 01:47:56.480]  When you sat down at closing
[01:47:56.480 --> 01:48:01.480]  What happens is the lender brings you a warranty deed
[01:48:01.480 --> 01:48:09.480]  And trades you that warranty deed for a promise to pay a certain amount of money over a certain amount of time
[01:48:09.480 --> 01:48:13.480]  Whether he has any money in the deal or not is irrelevant
[01:48:13.480 --> 01:48:19.480]  He traded you something of value, the warranty deed, the property
[01:48:19.480 --> 01:48:25.480]  And you got to take and use the property and you agreed to pay him
[01:48:25.480 --> 01:48:30.480]  If his mother gave him that property for free
[01:48:30.480 --> 01:48:33.480]  He has no money in it
[01:48:33.480 --> 01:48:35.480]  The contract is still a contract
[01:48:35.480 --> 01:48:42.480]  The contract is a contract when there is a meeting of minds and something of value changes hands
[01:48:42.480 --> 01:48:48.480]  You will not win that argument
[01:48:48.480 --> 01:48:54.480]  But that particular entity did not even exist in 2007
[01:48:54.480 --> 01:48:58.480]  Because it surrendered to California's Secretary of State in 2004
[01:48:58.480 --> 01:49:03.480]  So you see according to the California Commercial Court, which is equivalent to UCC
[01:49:03.480 --> 01:49:07.480]  They've got to be offered acceptance and for value consideration
[01:49:07.480 --> 01:49:10.480]  When you speak
[01:49:10.480 --> 01:49:22.480]  When you sat down at closing, did they offer you a warranty deed in return for a mortgage?
[01:49:22.480 --> 01:49:28.480]  So the bit of trust it has for the value received
[01:49:28.480 --> 01:49:33.480]  Is that if I read promise to pay green coin mortgage
[01:49:33.480 --> 01:49:37.480]  But green coin mortgage did not exist at that time
[01:49:37.480 --> 01:49:40.480]  See, there was no value
[01:49:40.480 --> 01:49:46.480]  Can I simplify this from someone who's worked on like probably over 70 foreclosure cases
[01:49:46.480 --> 01:49:50.480]  And it has gotten like probably a third of them tossed
[01:49:50.480 --> 01:49:52.480]  Here's the deal
[01:49:52.480 --> 01:49:56.480]  Foreclosure is what's considered an equitable remedy
[01:49:56.480 --> 01:50:00.480]  There are some special defenses to it like unclean hands
[01:50:00.480 --> 01:50:04.480]  You know, like say you were induced into the contract by fraud
[01:50:04.480 --> 01:50:09.480]  But let's hypothetically suppose you can get to that and you can prove it
[01:50:09.480 --> 01:50:12.480]  Assuming they're coming after you and you're foreclosing you
[01:50:12.480 --> 01:50:15.480]  On the other hand, the court may be like fine, great
[01:50:15.480 --> 01:50:17.480]  We're not going to grant foreclosure
[01:50:17.480 --> 01:50:23.480]  On the other hand, that's not going to stop the lender from filing a suit against you on the note
[01:50:23.480 --> 01:50:27.480]  So at the end of the day, maybe you meet the foreclosure
[01:50:27.480 --> 01:50:34.480]  But at some point if you received some money, whoever has the right to enforce the note
[01:50:34.480 --> 01:50:37.480]  Is going to be entitled to that money
[01:50:37.480 --> 01:50:44.480]  You may end up keeping your home but at some point somebody is going to have to get that money back
[01:50:44.480 --> 01:50:49.480]  That has to be accounted for through accounting because there was
[01:50:49.480 --> 01:50:53.480]  Force play, whoever would have the right to enforce the note
[01:50:53.480 --> 01:50:57.480]  That's the bottom line
[01:50:57.480 --> 01:51:00.480]  Okay, maybe I should ask a couple of questions
[01:51:00.480 --> 01:51:07.480]  Who was the original, the green point mortgage?
[01:51:07.480 --> 01:51:13.480]  The note, I bought the property about 20 years ago
[01:51:13.480 --> 01:51:16.480]  So it went through several refinancing
[01:51:16.480 --> 01:51:23.480]  Okay, who was the last entity that did the last refinance?
[01:51:23.480 --> 01:51:30.480]  The last refinance was apparently done by GMAC in 2011
[01:51:30.480 --> 01:51:35.480]  But there was no value, there was no money changing hands
[01:51:35.480 --> 01:51:39.480]  No, there doesn't need to be
[01:51:39.480 --> 01:51:43.480]  That's not what a contract doesn't necessarily have to do with money
[01:51:43.480 --> 01:51:49.480]  There was something of value changing hands
[01:51:49.480 --> 01:51:54.480]  That's all that matters
[01:51:54.480 --> 01:51:58.480]  Well, and if I may add to that, the mortgage follows the note
[01:51:58.480 --> 01:52:04.480]  Whoever has possession of the note, I don't care if they stole the note
[01:52:04.480 --> 01:52:07.480]  You know, I mean, that's kind of something that's up for later
[01:52:07.480 --> 01:52:13.480]  And don't think about the note as just a standard promise to pay
[01:52:13.480 --> 01:52:18.480]  Think about it like a check, somebody writes a check out to cash
[01:52:18.480 --> 01:52:24.480]  Okay, and let's just say Joe Lunchbucket steals it from John Q. Lunchbucket
[01:52:24.480 --> 01:52:27.480]  Joe Lunchbucket, because of things written out to cash
[01:52:27.480 --> 01:52:31.480]  He can go to the bank and he can cash that thing
[01:52:31.480 --> 01:52:38.480]  I mean, the bottom line here is, you know, the question goes to who is entitled to enforce the note
[01:52:38.480 --> 01:52:41.480]  And that's the person who is entitled to the money
[01:52:41.480 --> 01:52:48.480]  And in the case of foreclosure, who is entitled to foreclose on the mortgage to obtain that money?
[01:52:48.480 --> 01:52:57.480]  Right, so I actually, through Cepina, demanded that they send me the certified and notarized copy of the note
[01:52:57.480 --> 01:53:02.480]  They never corresponded with that, which tells me that they don't have the note
[01:53:02.480 --> 01:53:07.480]  Also, because the note changed hand, that's assuming
[01:53:07.480 --> 01:53:15.480]  I mean, the bottom line is, if you just write a letter, you know, they're probably just going to poo-poo it
[01:53:15.480 --> 01:53:23.480]  The question is, did this happen in a court case and did you do it through discovery?
[01:53:23.480 --> 01:53:28.480]  I did it off-discovery as well as through the discovery
[01:53:28.480 --> 01:53:36.480]  But, you know, my complaint or my cross-complaint never passed the stage of the mirror
[01:53:36.480 --> 01:53:39.480]  or a motion to dismiss
[01:53:39.480 --> 01:53:46.480]  Rule 12B6, motion to dismiss, I've probably had 600 of them
[01:53:46.480 --> 01:53:52.480]  Okay, I've helped over 700 people with foreclosure issues
[01:53:52.480 --> 01:53:54.480]  And you're in California
[01:53:54.480 --> 01:53:59.480]  California is probably the most difficult place to fight foreclosure
[01:53:59.480 --> 01:54:01.480]  Yeah
[01:54:01.480 --> 01:54:14.480]  Another thing is that, you know, I just wanted to share with you this, that you see it's against the internal revenue called H60D, G and F, I believe
[01:54:14.480 --> 01:54:18.480]  Okay, H60, that goes to the RIMIC
[01:54:18.480 --> 01:54:25.480]  Right, it's against the law to move the security in and off of the source
[01:54:25.480 --> 01:54:37.480]  Right, what you're doing here, if I may help you a little bit, is you're speaking to something that could possibly be used as a special defense to foreclosure
[01:54:37.480 --> 01:54:43.480]  Like, you know, something that would go to like unclean hands or maybe like fraud in the inducement
[01:54:43.480 --> 01:54:51.480]  But you wouldn't go to like, hey, these people don't own me much, they're like, I don't owe whoever owns the note money
[01:54:51.480 --> 01:54:53.480]  Yeah, my comment is
[01:54:53.480 --> 01:54:59.480]  So you may call the foreclosure problem that way, but you won't solve the, you've got to pay somebody money that way
[01:54:59.480 --> 01:55:07.480]  No, the thing about the RIMIC is, for read for your purposes, that's not even for your business
[01:55:07.480 --> 01:55:10.480]  Because of course it's going to say so what?
[01:55:10.480 --> 01:55:18.480]  And as a matter of fact, the Connecticut Supreme Court's weighed in on this and they've said, I mean, I disagree with their position
[01:55:18.480 --> 01:55:24.480]  But they've said on numerous occasions, a homeowner doesn't have standing to complain about the RIMIC
[01:55:24.480 --> 01:55:26.480]  And it forced it
[01:55:26.480 --> 01:55:33.480]  Yeah, how are you, the question is how are you harmed by that and that's their business
[01:55:33.480 --> 01:55:43.480]  Your business is, did they trade you a warranty deed for a promise to pay?
[01:55:43.480 --> 01:56:01.480]  Or did they take a promise to pay that you already had and pay off that promise to pay and eliminate that claim and then replace it with another claim
[01:56:01.480 --> 01:56:07.480]  Money doesn't have to change, yes, there are other things you can go after them for
[01:56:07.480 --> 01:56:14.480]  Now when I do a foreclosure, the first thing I want to do is a quiet title action
[01:56:14.480 --> 01:56:21.480]  I don't really care, don't generally care about the quiet title action so much
[01:56:21.480 --> 01:56:26.480]  But with a quiet title action, it's a petition for declaratory judgment
[01:56:26.480 --> 01:56:30.480]  So it's immune to a 12D6
[01:56:30.480 --> 01:56:36.480]  Failure to state a claim for which recovery can be had
[01:56:36.480 --> 01:56:43.480]  A declaratory judgment suit does not ask for recovery
[01:56:43.480 --> 01:56:49.480]  There is no recovery, you're simply asking for the court to rule on the rights of the parties
[01:56:49.480 --> 01:56:53.480]  And that gets you past the 12D6 into discovery
[01:56:53.480 --> 01:56:58.480]  You take what you get in discovery and come back and file a suit for wrongful foreclosure
[01:56:58.480 --> 01:57:08.480]  And that's another advantage to doing that first, Randy, because if you're the first person to court, most states have something that's called the prior pending action doctrine
[01:57:08.480 --> 01:57:22.480]  So if your suit is first and they try to go file a suit on their own to foreclose, then you can have that dismissed under a motion to dismiss which replaces what used to be called the plea in abatement
[01:57:22.480 --> 01:57:30.480]  We're about to run out of time and Fareed, I know we kind of bushwax you here
[01:57:30.480 --> 01:57:34.480]  Because you really called in to talk about something else
[01:57:34.480 --> 01:57:39.480]  Danny called in to talk about filing criminal charges against federal judges
[01:57:39.480 --> 01:57:46.480]  And I really would like to talk about that, but I kind of got caught up on what the claim was
[01:57:46.480 --> 01:57:50.480]  So we've only got a minute left
[01:57:50.480 --> 01:57:53.480]  Fareed, can you call back tomorrow night?
[01:57:53.480 --> 01:57:56.480]  Sure, I'll try to call tomorrow night
[01:57:56.480 --> 01:57:59.480]  Okay, call back tomorrow night, we've got four hours, and I would like to talk about that
[01:57:59.480 --> 01:58:03.480]  I definitely want to go through filing complaints on federal judges
[01:58:03.480 --> 01:58:08.480]  I just filed one on my local federal judge, and it is such a hoot
[01:58:08.480 --> 01:58:11.480]  It sounds like hoot
[01:58:11.480 --> 01:58:16.480]  Okay, this is Randy Kelton, Deborah Stevens, root of Long Radio
[01:58:16.480 --> 01:58:21.480]  And we want to thank Dan Reel and invite him back anytime he wants to come on
[01:58:21.480 --> 01:58:25.480]  And we will be back tomorrow night with our four hour info marathon
[01:58:25.480 --> 01:58:32.480]  So it would be nice after the show if you'd go to Logos Radio Network and check out our gun giveaway
[01:58:32.480 --> 01:58:36.480]  And Randy's beer fund
[01:58:36.480 --> 01:58:43.480]  And I'm selling my e-book, if you buy the e-book, for $100 you get four chances in the gun giveaway
[01:58:43.480 --> 01:58:47.480]  And any $25 donation gets you a chance in the gun giveaway
[01:58:47.480 --> 01:59:14.480]  We'll be back tomorrow night
[01:59:17.480 --> 01:59:38.480]  We'll be back tomorrow night
[01:59:38.480 --> 01:59:59.480]  We'll be back tomorrow night