ROL_2017-04-21_16k_Hr1-2.timecode

[00:00.000 --> 00:05.600]  The following news flash is brought to you by The Lowest Star Lowdowns.
[00:05.600 --> 00:13.100]  Markets for Friday 14 April 2017 are currently trading with gold at $1,284.01 an ounce, silver
[00:13.100 --> 00:22.520]  $18.51 an ounce, Texas Crude $53.18 a barrel, and Bitcoin is sitting at about $1,175 U.S.
[00:22.520 --> 00:23.520]  currency.
[00:23.520 --> 00:31.080]  Today in history, the year 1865, U.S. President Abraham Lincoln is shot at Ford's Theater
[00:31.080 --> 00:33.080]  by John Wilkes Booth.
[00:33.080 --> 00:39.720]  Lincoln later died the next day after being shot today in history.
[00:39.720 --> 00:46.760]  In recent news, the GBU-43B, Massive Ordinance Air Blast Bomb, or Mother of All Bombs, the
[00:46.760 --> 00:51.560]  largest non-nuclear bomb in the United States arsenal with the blast yield of 11 tons of
[00:51.560 --> 00:56.840]  TNT, was dropped for the first time in combat Thursday night on a network of fortified underground
[00:56.840 --> 01:01.680]  tunnels originally built by the CIA, according to WikiLeaks, that ISIS and the Taliban had
[01:01.680 --> 01:05.600]  been using to stage attacks on U.S. and Afghani forces.
[01:05.600 --> 01:10.600]  The strike took place in the Nankahar province near the Afghan and Pakistan border, with
[01:10.600 --> 01:14.080]  Afghan officials confirming 36 ISIS fighters killed.
[01:14.080 --> 01:18.920]  However, ISIS media winged the AMIC News Agency denied that any ISIS fighters were killed
[01:18.920 --> 01:20.080]  or injured.
[01:20.080 --> 01:23.920]  General John Nicholson, commander of the U.S. forces in Afghanistan, defending the use
[01:23.920 --> 01:28.640]  of the MOAM, told a press conference that, quote, this was the right weapon against the
[01:28.640 --> 01:29.640]  right target.
[01:29.640 --> 01:33.200]  It was the right time to use it tactically against the right target on the battlefield.
[01:33.200 --> 01:37.960]  That's the 21,600-pound, $170,000 mother of all bombs.
[01:37.960 --> 01:43.120]  Afghan President Ashraf Ghani approved of the strike, while former President Hamid Karzai
[01:43.120 --> 01:47.580]  accused the United States of using Afghanistan as a, quote, testing ground for a new and
[01:47.580 --> 01:49.080]  dangerous weapon.
[01:49.080 --> 01:53.560]  With two to three kilometers away, we're reporting broken windows and thick clouds of smoke after
[01:53.560 --> 01:54.560]  the blast.
[01:54.560 --> 01:59.040]  During the final stages of testing in 2003, military officials told the media that the
[01:59.040 --> 02:04.080]  MOAM was mainly conceived as a weapon employed for psychological operations, that it is as
[02:04.080 --> 02:09.520]  a means of scaring enemies into not even fighting.
[02:09.520 --> 02:13.960]  An internal Delta Airlines memo obtained Friday by the Associated Press stated that its agents
[02:13.960 --> 02:19.360]  can offer up to $2,000 up from a previous maximum of $800, and supervisors can offer
[02:19.360 --> 02:26.600]  up to $9,950 up from $1,350 to customers willing to give up their seats, with other airlines
[02:26.600 --> 02:30.800]  examining their policies as well, and American Airlines updating its rules to say that no
[02:30.800 --> 02:35.040]  passengers who have boarded the plane will be removed to give up the seat to someone
[02:35.040 --> 02:36.040]  else.
[02:36.040 --> 02:40.200]  All this in response to a viral video where airport officers violently yanked and dragged
[02:40.200 --> 02:45.840]  David Dowell from his seat on a sold-out United Express flight, a choice which cost United
[02:45.840 --> 02:48.400]  upwards of a quarter of a billion dollars.
[02:48.400 --> 02:53.400]  No wonder airline competitors are paying out nearly 10 grand to avoid such a scenario.
[02:53.400 --> 03:22.400]  This was Brick Roadie with your loadout for April 14, 2017.
[03:22.400 --> 03:28.960]  Okay, howdy, howdy, this is Randy Kelton, the rule of law radio on this Friday, the
[03:28.960 --> 03:39.240]  21st day of April, 2016, and we got the phone lines open, we all have them open all night.
[03:39.240 --> 03:50.520]  Our call in number is 512-646-1984, and I'd like to start out by talking about our fundraiser,
[03:50.520 --> 03:59.440]  we have the fundraiser going, and we have more giveaways this year than last year.
[03:59.440 --> 04:11.320]  We have an AR-15, I'll bring it up to network, we have an AR-15, a pistol, I'll have the
[04:11.320 --> 04:27.600]  name of it in a minute, all these computers annoying me today, there we go, okay, we have
[04:27.600 --> 04:43.120]  the AR-15, we have a, I'll find it here in a minute, we have a Taurus PT-111 G2 pistol,
[04:43.120 --> 04:53.920]  these are both donated by Central Texas Gun Works, and we also have two AR-15, 80 percent
[04:53.920 --> 05:04.000]  lower receivers, but our defense distributed, and we have a $100 gift certificate.
[05:04.000 --> 05:13.280]  We're also selling the Michael Muiris course, the Jurisdictionary, 80's, the Traffic Seminar,
[05:13.280 --> 05:21.680]  and my e-book, if you buy any of those for every $25 you spend, you get a chance in the
[05:21.680 --> 05:29.280]  drawing for the giveaway, and every, if you donate $25 or $25 you donate, you get a chance
[05:29.280 --> 05:37.480]  in the drawing, and we suggest if you have a legal issue, or you expect to have a legal
[05:37.480 --> 05:44.160]  issue, or you just want to be ready in case you want to help somebody else, we suggest
[05:44.160 --> 05:54.640]  that you, the first thing you do is get Jurisdictionary, Jurisdictionary will show you in a relatively
[05:54.640 --> 06:03.120]  concise format all of the things that they don't teach lawyers in law school, they teach
[06:03.120 --> 06:09.320]  lawyers how to argue legal issues, what they don't teach them is how to file motions, how
[06:09.320 --> 06:14.200]  to get motions to file, what kind of motions to file and when to file them.
[06:14.200 --> 06:20.960]  All of these things that go to the actual practice of law, they are somewhat different
[06:20.960 --> 06:29.240]  in different jurisdictions, so the law schools tend to lead that to the profession to teach
[06:29.240 --> 06:31.680]  the lawyer once they get out of law school.
[06:31.680 --> 06:38.800]  This would be a good purchase for every lawyer who just gets his bar card, you know, bring
[06:38.800 --> 06:48.360]  him up to speed very quickly on how the court systems function.
[06:48.360 --> 06:52.120]  And then once you've been to Jurisdictionary, if you have a traffic issue, you want to get
[06:52.120 --> 07:01.960]  a traffic seminar, if you have a debt collection issue, you want to get Mike Mirris' program
[07:01.960 --> 07:08.040]  and he'll show you how to have debt collectors, but once you've been to Jurisdictionary, did
[07:08.040 --> 07:10.760]  you want to look at my e-book?
[07:10.760 --> 07:19.480]  My e-book doesn't, it addresses how to file motions and such and how to write motions,
[07:19.480 --> 07:25.120]  but mostly it talks about the politics of law.
[07:25.120 --> 07:35.280]  We are led to believe based on high school and grade school and high school and our experience
[07:35.280 --> 07:44.080]  in the school systems, and for the most part our experience listening to police and our
[07:44.080 --> 07:51.120]  parents and grandparents were led to believe that we live in a land of law, that you have
[07:51.120 --> 07:58.080]  certain inalienable rights and if the law is on your side, then you can expect to win
[07:58.080 --> 07:59.920]  your case.
[07:59.920 --> 08:04.440]  And that is simply not true.
[08:04.440 --> 08:14.240]  Not only is it not true, never has been true, since we've had judges acting, a human being
[08:14.240 --> 08:18.760]  is acting as judges.
[08:18.760 --> 08:24.840]  Don't know if God created man or not, but if he did, he created this horribly flawed.
[08:24.840 --> 08:30.120]  And we have to have human beings acting as judges and as long as we do, you will never
[08:30.120 --> 08:35.120]  win your case simply because you have the law and the facts on your side.
[08:35.120 --> 08:39.920]  You win your case if you have the politics on your side.
[08:39.920 --> 08:51.640]  And everything about the e-book is primarily to help you understand how to invoke the politics
[08:51.640 --> 08:53.880]  in your favor.
[08:53.880 --> 09:01.680]  You have much more power and influence than most people have any idea.
[09:01.680 --> 09:08.720]  You don't tend to have any idea because everyone in the system goes to a lot of trouble to
[09:08.720 --> 09:14.080]  keep you from knowing and understanding how powerful you are.
[09:14.080 --> 09:19.720]  When you walk into a courthouse, you are potentially the most politically powerful person in the
[09:19.720 --> 09:20.720]  building.
[09:20.720 --> 09:28.840]  We just went to Johnson County last Thursday.
[09:28.840 --> 09:36.160]  We had a guy that got arrested for not identifying himself.
[09:36.160 --> 09:46.000]  Well, if you read 38.02 Texas penal code, you cannot be arrested for failure to identify.
[09:46.000 --> 09:54.480]  Technically, under the wording of the statute, it's impossible to arrest someone for failure
[09:54.480 --> 09:55.480]  to identify.
[09:55.480 --> 09:57.640]  Now, you can charge if you're an officer.
[09:57.640 --> 10:06.680]  You can charge someone with failure to identify, but you can't arrest them for it.
[10:06.680 --> 10:13.480]  And that's because you can only charge someone with failure to identify if they fail to identify
[10:13.480 --> 10:16.160]  after they've been arrested.
[10:16.160 --> 10:26.240]  So we went down to the Johnson County District Attorney and filed four criminal complaints
[10:26.240 --> 10:37.080]  against these officers because the District Court there handles Somerville County.
[10:37.080 --> 10:43.600]  And a few years ago, those of you who listened to the program, you may remember that we had
[10:43.600 --> 10:50.160]  a little song and dance and salsa down your pants with the Johnson County District Attorney
[10:50.160 --> 10:51.760]  a few years ago.
[10:51.760 --> 10:58.440]  I actually presented the Johnson County District Attorney to the grand jury.
[10:58.440 --> 11:04.760]  And the reason I presented him to the grand jury is he wouldn't take criminal complaints
[11:04.760 --> 11:07.680]  against public officials.
[11:07.680 --> 11:11.640]  I did exactly what I tell everybody in the e-book to do and what I tell everybody on
[11:11.640 --> 11:13.840]  the show to do.
[11:13.840 --> 11:15.600]  Just work the system on them.
[11:15.600 --> 11:22.640]  I had a complaint against the police department over Open Records Act.
[11:22.640 --> 11:24.040]  They refused to give me some records.
[11:24.040 --> 11:28.960]  So I went to the police department, went to the sheriff's department to file a criminal
[11:28.960 --> 11:31.240]  complaint against someone at the police department.
[11:31.240 --> 11:36.000]  And they refused to take the complaint, so I went to a magistrate and he threw me, I'm
[11:36.000 --> 11:38.520]  sorry, that's not the one I did.
[11:38.520 --> 11:45.200]  This was the one where I went to watch the morning arraignment hearing.
[11:45.200 --> 11:47.560]  They wouldn't let me watch the hearing.
[11:47.560 --> 11:51.320]  It was so minor and peddling.
[11:51.320 --> 11:54.360]  The judge told me it was her courtroom and I wouldn't come in it.
[11:54.360 --> 11:55.360]  Okay.
[11:55.360 --> 11:58.960]  So I filed criminal charges against the judge with the sheriff and the sheriff refused to
[11:58.960 --> 11:59.960]  take it.
[11:59.960 --> 12:05.960]  And then I filed with the JP against the sheriff and the JP refused to take it.
[12:05.960 --> 12:12.560]  And then I filed again with a county judge against the JP and then district judge against
[12:12.560 --> 12:19.560]  the county judge and then district attorney.
[12:19.560 --> 12:23.320]  And when he refused to take it, I brought down criminal complaints for the grand jury
[12:23.320 --> 12:25.880]  and installed of them.
[12:25.880 --> 12:28.760]  And they did a lot of song and dance.
[12:28.760 --> 12:33.240]  I went down there one day when the grand jury was meeting.
[12:33.240 --> 12:37.760]  And in Johnson County, the only one that I know that actually does this right, when the
[12:37.760 --> 12:47.240]  grand jury comes in to present the indictments to the court, they actually convene the hearing.
[12:47.240 --> 12:53.640]  And the foreman reads the presentment to the court and notifies the court whether they
[12:53.640 --> 12:56.920]  true bill or no bill.
[12:56.920 --> 13:01.840]  And this time I was sitting in the courtroom and the judge is looking back at me because
[13:01.840 --> 13:08.120]  I'm the only person in there and probably the only person in there.
[13:08.120 --> 13:13.640]  And the grand jury foreman reads all the indictments and when he's finished, the judge said, does
[13:13.640 --> 13:15.720]  the foreman have any further business?
[13:15.720 --> 13:18.040]  The foreman said, no, your honor, we do not.
[13:18.040 --> 13:21.640]  And I stood up in the courtroom and said, yes, you do.
[13:21.640 --> 13:22.960]  And the judge said, well, who are you?
[13:22.960 --> 13:25.080]  I said, well, I'm Randy Kelton.
[13:25.080 --> 13:27.800]  Well, what business do you have with this grand jury?
[13:27.800 --> 13:31.360]  Well, I could have told the judge that I have business with this grand jury.
[13:31.360 --> 13:33.080]  It's none of yours.
[13:33.080 --> 13:37.360]  But I had plans for him.
[13:37.360 --> 13:43.040]  So I told him, District Attorney and Assistant District Attorney are sitting there squirming
[13:43.040 --> 13:45.280]  because they know why I'm there.
[13:45.280 --> 13:49.960]  I said, well, your honor, I have some criminal complaints against some public officials and
[13:49.960 --> 13:51.880]  what officials are those?
[13:51.880 --> 13:57.640]  There's District Attorney sitting here and this Assistant District Attorney and you judge
[13:57.640 --> 14:05.560]  when I pointed at him, he just froze in his tracks.
[14:05.560 --> 14:11.120]  He had this look on his face like, I don't believe you just bushwacked me in front of
[14:11.120 --> 14:12.960]  my own grand jury.
[14:12.960 --> 14:19.480]  Well, in that way, I got the grand jury's attention and they actually called me and
[14:19.480 --> 14:24.360]  I presented the District Attorney to the grand jury for not taking complaints against public
[14:24.360 --> 14:25.880]  officials.
[14:25.880 --> 14:29.920]  Well, they know Bill Good.
[14:29.920 --> 14:36.000]  That five or six years ago, if you go to Johnson County now and file a criminal accusation
[14:36.000 --> 14:44.040]  against the public official, these guys get right on it because prosecutors told them,
[14:44.040 --> 14:49.600]  I'm not going through that again, this guy almost got me.
[14:49.600 --> 14:52.960]  So from what I can tell, they're pretty good about it.
[14:52.960 --> 14:59.320]  But I went down there, I had a friend of mine deliver my complaints as a courier and they've
[14:59.320 --> 15:00.840]  got a real smart mouth clerk.
[15:00.840 --> 15:01.840]  She called me.
[15:01.840 --> 15:06.480]  She said, there's someone down here says he's a courier for you, but he doesn't have a courier
[15:06.480 --> 15:10.320]  ID or a name on his jacket.
[15:10.320 --> 15:13.600]  I needed to find out if he's really a courier.
[15:13.600 --> 15:20.120]  I said, ma'am, he is a living, breathing human being.
[15:20.120 --> 15:23.080]  It doesn't matter what he is.
[15:23.080 --> 15:29.000]  He is handing you those documents and he will testify that he gave you those documents.
[15:29.000 --> 15:30.000]  That's all he needs.
[15:30.000 --> 15:31.000]  Well, I couldn't tell if he's a courier or not.
[15:31.000 --> 15:32.720]  I don't care if he's a courier or not.
[15:32.720 --> 15:33.720]  You just take them.
[15:33.720 --> 15:39.200]  And then I asked her when the grand jury met, she told me she didn't know.
[15:39.200 --> 15:44.800]  I heard they meet every Thursday of the month, I knew exactly when they meet every first
[15:44.800 --> 15:47.480]  Thursday of the month.
[15:47.480 --> 15:57.200]  So I went up to the, since she wouldn't tell me, I went up to the court and went in.
[15:57.200 --> 16:02.440]  The only court that was having hearings happened to be the same judge I had boo-swacked.
[16:02.440 --> 16:07.200]  And I got him to tell me when the grand jury met.
[16:07.200 --> 16:11.640]  And when he went out to find out and came back, come back, when he went out, he didn't
[16:11.640 --> 16:16.280]  remember who I was, but when he came back, he knew exactly who I was.
[16:16.280 --> 16:21.080]  His face was so red, I thought he was going to pop like a tick.
[16:21.080 --> 16:24.520]  He was furious.
[16:24.520 --> 16:28.200]  That was absolutely great fun.
[16:28.200 --> 16:34.280]  But now these officers were filing against and that's going to create a lot of politics
[16:34.280 --> 16:39.520]  for them because the district attorney knows I'm going to be all over him.
[16:39.520 --> 16:45.120]  So we might actually get these guys, this is a chance we could get in and died it.
[16:45.120 --> 16:52.880]  Hang on, Randy Kelton, Rula Radio, I call it number 512-646-1984, we'll go to calls
[16:52.880 --> 16:56.920]  on the other side and we'll be right back.
[16:56.920 --> 17:05.880]  Sayin' cookies, cookie, me love cookies, oh hi Cookie Munchers, no these are yucky
[17:05.880 --> 17:11.480]  cookies, cookies, yucky, no, no bad cookies, you can't even eat these cookies, these are
[17:11.480 --> 17:17.360]  cyber cookies, no cookies, no, they are cyber cookies and they clog up your computer, me
[17:17.360 --> 17:25.440]  have apples, really, oh that's an actual apple, yummy apple, I'm going to throw away these
[17:25.440 --> 17:32.000]  yucky cookies in the trash, I click control, shift, delete and then scroll down to cookies
[17:32.000 --> 17:34.680]  and clear them, bye bye yucky cookies.
[17:34.680 --> 17:40.320]  Now I go to logosradionetwork.com and I click on the Amazon box on the upper right hand
[17:40.320 --> 17:46.360]  side, bookmark the link and I can go to Amazon through this link and order you some yummy
[17:46.360 --> 17:52.000]  new cookie, no cookies for me, consider it an early Christmas present and every time
[17:52.000 --> 17:56.880]  I order on Amazon I go through this link and I give a little present to this radio network
[17:56.880 --> 18:00.680]  too, these are cookies, these are classified.
[18:00.680 --> 18:06.000]  Are you being harassed by debt collectors with phone calls, letters or even losses?
[18:06.000 --> 18:10.200]  Stop debt collectors now with the Michael Mearras Proven Method, Michael Mearras has
[18:10.200 --> 18:15.120]  won six cases in federal court against debt collectors and now you can win two, you'll
[18:15.120 --> 18:19.960]  get step by step instructions in plain English on how to win in court using federal civil
[18:19.960 --> 18:25.440]  rights statutes, what to do when contacted by phones, mail or court summons, how to answer
[18:25.440 --> 18:30.040]  letters and phone calls, how to get debt collectors out of your credit reports, how to turn the
[18:30.040 --> 18:34.240]  financial tables on them and make them pay you to go away.
[18:34.240 --> 18:39.360]  The Michael Mearras Proven Method is the solution for how to stop debt collectors.
[18:39.360 --> 18:44.800]  Personal consultation is available as well, for more information please visit ruleoflawradio.com
[18:44.800 --> 18:50.240]  and click on the blue Michael Mearras banner or email Michael Mearras at yahoo.com, that's
[18:50.240 --> 18:59.600]  ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors
[18:59.600 --> 19:00.600]  next.
[19:00.600 --> 19:30.560]  Okay, we are back, Randy Kelton, rule of law radio on this Friday, March the 21st
[19:30.560 --> 19:39.560]  2017, we're going to Chris in Pennsylvania, hello Chris, what do you have for us today?
[19:39.560 --> 19:42.560]  Hey Randy, how are you?
[19:42.560 --> 19:52.720]  I'm good, I'm down here in Texas where it never rains, don't pay any attention to that
[19:52.720 --> 20:00.400]  news, that's Yankee news, it's Yankee propaganda, that's good, okay, what do you have for us
[20:00.400 --> 20:01.400]  today?
[20:01.400 --> 20:13.440]  I was wondering if I could get your input on sheriff sales, we fought our foreclosure
[20:13.440 --> 20:21.880]  and the bank was ruled a declaratory judgment, our attorney filed her brief late, all of
[20:21.880 --> 20:28.400]  that caused a declaratory judgment for the bank, so the bank said they were going to
[20:28.400 --> 20:34.160]  share a sale of the property, that was two years ago and every time we get a month close
[20:34.160 --> 20:42.280]  to the share of sale, the bank keeps delaying the share of sale.
[20:42.280 --> 20:48.280]  Have you exhausted all of your legal issues?
[20:48.280 --> 20:57.480]  Not yet, we're looking at, I've been reading some things on quiet titling because that's
[20:57.480 --> 21:06.720]  the biggest issue we have, our issue is do we do a quiet title with a fraudulent foreclosure
[21:06.720 --> 21:09.400]  along with that, you know, we've been...
[21:09.400 --> 21:16.240]  Okay, hold on, hold on, if this is the right, Chris, you took that to bankruptcy and had
[21:16.240 --> 21:18.400]  it discharged in bankruptcy?
[21:18.400 --> 21:23.080]  Correct, prior to the foreclosure.
[21:23.080 --> 21:31.680]  Have you done a quiet title against the deed of trust or did you do that before the foreclosure?
[21:31.680 --> 21:34.520]  No we did not.
[21:34.520 --> 21:36.320]  That should have been done.
[21:36.320 --> 21:41.920]  That would have gotten you an issue on the validity of the deed of trust.
[21:41.920 --> 21:51.520]  Have you filed criminally against the whoever ordered the sheriff to hold a sale?
[21:51.520 --> 21:53.240]  Which is the bank?
[21:53.240 --> 21:59.800]  No, no, no, a human being had to sign the document.
[21:59.800 --> 22:03.560]  From the proponitory's office, I would imagine that would...
[22:03.560 --> 22:12.160]  No, someone who alleged to be the holder or an agent for the holder had to file a notice
[22:12.160 --> 22:15.360]  of acceleration and intent to foreclose.
[22:15.360 --> 22:20.120]  Yes, Wells Fargo did that.
[22:20.120 --> 22:22.520]  No Wells Fargo didn't.
[22:22.520 --> 22:28.400]  Wells Fargo is a legal fiction.
[22:28.400 --> 22:34.400]  A human being had to do that and a human being had to sign the bottom of that letter for
[22:34.400 --> 22:35.400]  that notice.
[22:35.400 --> 22:36.400]  Sorry.
[22:36.400 --> 22:40.240]  Then you sue the attorney.
[22:40.240 --> 22:47.360]  What you know is, some human being signed this document and made claims.
[22:47.360 --> 22:50.880]  You don't know if those claims are true or not.
[22:50.880 --> 22:57.880]  They essentially claimed that they were an agent for a principal who was a holder.
[22:57.880 --> 23:05.240]  But I might just be some attorney who went out and found this thing online and decided
[23:05.240 --> 23:06.240]  to foreclose.
[23:06.240 --> 23:07.240]  You don't know.
[23:07.240 --> 23:11.080]  So you sue the person whose name is on the document.
[23:11.080 --> 23:19.360]  They're going to come back and they're going to claim agency and then you're going to ask
[23:19.360 --> 23:21.760]  them to prove it.
[23:21.760 --> 23:30.640]  Does Pennsylvania have a requirement for a power of attorney to be filed in the record?
[23:30.640 --> 23:31.640]  Yes.
[23:31.640 --> 23:32.640]  Okay.
[23:32.640 --> 23:39.320]  Then you look in the record and see if power of attorney is filed in the record.
[23:39.320 --> 23:40.320]  Okay.
[23:40.320 --> 23:50.480]  If it's not in there, then you file a criminal charge for conversion or theft against the
[23:50.480 --> 23:51.480]  lawyer.
[23:51.480 --> 23:57.040]  Unless the lawyer prove he didn't do it, sue the lawyer for malpractice.
[23:57.040 --> 24:03.160]  Let him prove up that he had power of attorney.
[24:03.160 --> 24:04.560]  Okay.
[24:04.560 --> 24:11.400]  What does Pennsylvania law say about the requirement for power of attorney?
[24:11.400 --> 24:12.400]  Here's one.
[24:12.400 --> 24:14.160]  I'm asking the question.
[24:14.160 --> 24:22.440]  Is there a statute that says that before someone can file a document in the public record
[24:22.440 --> 24:30.120]  affecting titles to real property, they must have an assignment of power of attorney filed
[24:30.120 --> 24:32.840]  in the record?
[24:32.840 --> 24:33.840]  Right.
[24:33.840 --> 24:34.840]  No.
[24:34.840 --> 24:37.000]  Does Pennsylvania law say that?
[24:37.000 --> 24:39.200]  Yes, it does.
[24:39.200 --> 24:42.040]  Oh, beautiful.
[24:42.040 --> 24:48.600]  Did this lawyer have an appointment of power of attorney filed in the record?
[24:48.600 --> 24:50.600]  Not that I'm aware of.
[24:50.600 --> 24:55.400]  I mean, it hasn't been pointed out to me in any of the cases.
[24:55.400 --> 24:56.400]  In that case, okay.
[24:56.400 --> 24:57.400]  Check and see.
[24:57.400 --> 25:03.560]  If that's the case, it's inappropriate to sue the bank.
[25:03.560 --> 25:06.760]  You don't know if the bank had anything to do with this.
[25:06.760 --> 25:07.760]  Right.
[25:07.760 --> 25:11.080]  You only know that this lawyer made that claim.
[25:11.080 --> 25:12.080]  Right.
[25:12.080 --> 25:20.560]  So you sue the lawyer and then let the lawyer come in and bring proof that he is a proper
[25:20.560 --> 25:27.920]  agent for a principal who has standing in legal capacity.
[25:27.920 --> 25:28.920]  Okay.
[25:28.920 --> 25:34.600]  He'll try to bring, he'll try to join the bank and you object.
[25:34.600 --> 25:41.920]  There's nothing here to indicate that Wells Fargo had anything to do with this.
[25:41.920 --> 25:48.040]  Right, yeah.
[25:48.040 --> 25:51.640]  They won't see that coming.
[25:51.640 --> 25:57.440]  But technically, when you look at the facts, you're just assuming that Wells Fargo did
[25:57.440 --> 25:59.800]  the foreclosure.
[25:59.800 --> 26:00.800]  Right.
[26:00.800 --> 26:04.800]  So we go back and take them apart by the pieces.
[26:04.800 --> 26:12.640]  The thing about this is you put them in court on this and it'll take forever.
[26:12.640 --> 26:22.680]  Is there an order, is there a restraining order against the bank to prevent them from foreclosing?
[26:22.680 --> 26:25.200]  Not that I'm aware of, no.
[26:25.200 --> 26:30.360]  Is there a statute of limitations in Pennsylvania for foreclosure?
[26:30.360 --> 26:35.360]  There is.
[26:35.360 --> 26:39.440]  How long is that statute of limitations?
[26:39.440 --> 26:43.120]  I want to say five years.
[26:43.120 --> 26:44.120]  Okay.
[26:44.120 --> 26:46.600]  Good, good, good.
[26:46.600 --> 26:59.600]  I've just filed a, just prepared a certiori to the U.S. Supreme that I'm asking the U.S.
[26:59.600 --> 27:12.640]  Supreme to distinguish Jezanowski and the reason I'm, what my argument is is that we
[27:12.640 --> 27:19.120]  filed for rescission under 1635 I.
[27:19.120 --> 27:26.960]  Now the rescission, the three-year rescission based on lack of notice is 1635 I.
[27:26.960 --> 27:36.080]  The 1635 I is rescission after foreclosure or after initiation of foreclosure.
[27:36.080 --> 27:44.720]  So we used the notice of acceleration to reinvigorate the right to foreclose and we claimed that
[27:44.720 --> 27:51.360]  they overcharged us on the HUD 1 settlement statement in excess of $35 and that triggers,
[27:51.360 --> 27:56.040]  reinvigorates the right to rescind.
[27:56.040 --> 28:02.400]  And we filed a qualified written request, requested, and there's all tons of documents
[28:02.400 --> 28:08.520]  and they're all kind of junk in there that we didn't care about about 20 pages worth.
[28:08.520 --> 28:16.360]  Last paragraph, if you fail to adequately and timely respond to this, the qualified
[28:16.360 --> 28:27.960]  written request and a validation request, consider this document as a notice of rescission.
[28:27.960 --> 28:36.000]  So they responded with a bunch of junk and they referenced the fact that the rescission
[28:36.000 --> 28:41.280]  paragraph was in there, but they said they denied it.
[28:41.280 --> 28:53.240]  So after 20 days we filed a quiet title saying the deed of trust is void and the courts,
[28:53.240 --> 28:59.520]  I'm sorry, we say the deed of trust is void and they came back and argued that we filed
[28:59.520 --> 29:00.520]  out of time.
[29:00.520 --> 29:03.920]  I'm sorry, they didn't.
[29:03.920 --> 29:16.840]  In the original answer they argued that we made claims under Teela and Respa but we didn't.
[29:16.840 --> 29:21.520]  We used Teela and Respa to establish our claim.
[29:21.520 --> 29:26.440]  We filed a declaratory judgment, petition for declaratory judgment and this is the only
[29:26.440 --> 29:42.840]  question, is the statute of limitations in the real estate and the Truth and Lending Act
[29:42.840 --> 29:53.400]  a bar to filing rescission or isn't an affirmative defense under Rule 8, Rule 8C.
[29:53.400 --> 30:02.560]  Rule 8C specifically names the statute of limitations as a...
[30:02.560 --> 30:05.920]  What causes hiccups and how can you get rid of them?
[30:05.920 --> 30:06.920]  I'd sure like to know.
[30:06.920 --> 30:11.040]  I'm Dr. Catherine Albrecht and I'll be back in just a moment to share recommended tears
[30:11.040 --> 30:14.040]  for this annoying and embarrassing problem.
[30:14.040 --> 30:15.720]  Hiccups!
[30:15.720 --> 30:17.320]  Privacy is under attack.
[30:17.320 --> 30:21.720]  When you give up data about yourself you'll never get it back again and once your privacy
[30:21.720 --> 30:25.680]  is gone you'll find your freedoms will start to vanish too.
[30:25.680 --> 30:30.760]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:30.760 --> 30:33.440]  Privacy, it's worth hanging on to.
[30:33.440 --> 30:37.760]  This public service announcement is brought to you by StartPage.com, the private search
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[30:43.320 --> 30:48.240]  Hiccups are caused by quick and voluntary contractions of the diaphragm.
[30:48.240 --> 30:52.280]  The diaphragm is the muscle just underneath your ribcage that helps you breathe.
[30:52.280 --> 30:56.080]  Hiccups usually go away by themselves, it just takes time, but if you can't wait try
[30:56.080 --> 30:58.360]  one of these time-tested remedies.
[30:58.360 --> 31:00.280]  Hold your breath for short periods.
[31:00.280 --> 31:03.520]  Take a mouthful of water and swallow it upside down.
[31:03.520 --> 31:08.760]  Breathe in and out of a paper bag or swallow a teaspoon of vinegar or surprisingly a teaspoon
[31:08.760 --> 31:09.760]  of sugar.
[31:09.760 --> 31:13.440]  Hiccups that won't go away could signal a serious medical condition.
[31:13.440 --> 31:17.320]  If they last for more than 48 hours or you've experienced other symptoms it's time to see
[31:17.320 --> 31:18.320]  a doctor.
[31:18.320 --> 31:34.120]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:48.320 --> 32:05.680]  Hiccups are caused by quick and voluntary contractions of the diaphragm, the ribcage
[32:05.680 --> 32:23.040]  is the muscle just underneath your ribcage, the ribcage is the muscle just below your ribcage.
[32:23.040 --> 32:39.080]  Hiccups are caused by quick and voluntary contractions of the diaphragm, the ribcage
[32:39.080 --> 33:04.040]  is the muscle just below your ribcage, the ribcage is the muscle just below your ribcage.
[33:04.040 --> 33:19.800]  Hiccups are caused by quick and voluntary contractions of the diaphragm, the ribcage
[33:19.800 --> 33:22.000]  is the muscle just below your ribcage.
[33:22.000 --> 33:31.240]  Hiccups are caused by quick and voluntary contractions of the diaphragm, the ribcage
[33:31.240 --> 33:42.600]  is the muscle just below your ribcage, the ribcage is the muscle just below your ribcage.
[33:42.600 --> 33:49.200]  Hiccups are caused by quick and voluntary contractions of the diaphragm, the ribcage
[33:49.200 --> 33:51.640]  is the muscle just below your ribcage.
[33:51.640 --> 34:01.320]  So they had a right to raise the issue of statute of limitations and fail to do so.
[34:01.320 --> 34:07.440]  So if the court claims that the court is acting in equity, then you can claim latches.
[34:07.440 --> 34:13.600]  If they claim they're acting under statutory law, then you claim rule eight.
[34:13.600 --> 34:17.440]  Does that make sense, Chris?
[34:17.440 --> 34:18.440]  It does.
[34:18.440 --> 34:19.440]  It does.
[34:19.440 --> 34:29.280]  So here, if you can string them along until they pass the statute of limitations, then
[34:29.280 --> 34:38.560]  you can come to court and move for quiet title against the deed of trust because you were
[34:38.560 --> 34:45.800]  alleged to be in default in excess of five years without them foreclosing.
[34:45.800 --> 34:52.040]  And you raise this as an equitable defense to foreclosure, or I'm sorry, an affirmative
[34:52.040 --> 34:54.040]  defense to foreclosure.
[34:54.040 --> 34:55.040]  Yeah.
[34:55.040 --> 34:56.040]  Okay.
[34:56.040 --> 34:58.560]  That ought to be fun.
[34:58.560 --> 34:59.560]  Yeah.
[34:59.560 --> 35:01.800]  That should take some time.
[35:01.800 --> 35:07.280]  You can just file a quiet, that's going to stop them in their tracks.
[35:07.280 --> 35:18.960]  File a quiet title and claim that the deed of trust is void as it was discharged in bankruptcy.
[35:18.960 --> 35:19.960]  Right.
[35:19.960 --> 35:24.640]  As the underlying debt was discharged in bankruptcy.
[35:24.640 --> 35:28.640]  So there is no debt for the deed of trust to secure.
[35:28.640 --> 35:29.640]  Right.
[35:29.640 --> 35:36.320]  And it was an interesting thing too because every month before the chair of sales is supposed
[35:36.320 --> 35:42.360]  to go off, we get these letters from the court saying that, you know, from their attorneys,
[35:42.360 --> 35:46.840]  I'm saying that Wells Fargo versus the plaintiffs.
[35:46.840 --> 35:55.680]  This is the first letter we've gotten that the first segment underneath who the plaintiffs
[35:55.680 --> 36:00.600]  and the defendant are says that this is an attempt to collect the debt.
[36:00.600 --> 36:05.800]  If this was discharged under bankruptcy, this is not an attempt to collect the debt.
[36:05.800 --> 36:09.280]  So that's the first thing we've got.
[36:09.280 --> 36:11.280]  That's interesting.
[36:11.280 --> 36:12.280]  It was very interesting.
[36:12.280 --> 36:18.760]  I have never seen that on any of the paperwork before from the courthouse giving this ruling.
[36:18.760 --> 36:29.320]  And then it goes on to say about this is basically a claim on the mortgage if the debt was discharged
[36:29.320 --> 36:30.320]  in bankruptcy.
[36:30.320 --> 36:37.200]  Well, they can own the mortgage, but mortgage secures nothing.
[36:37.200 --> 36:38.200]  Right.
[36:38.200 --> 36:47.280]  So if they foreclose the property, they can take nothing from the sale.
[36:47.280 --> 36:49.880]  They have to give everything back to you.
[36:49.880 --> 36:51.120]  Right.
[36:51.120 --> 36:55.200]  Which is why we're kind of wondering why they keep putting the sheriff's sale on and
[36:55.200 --> 36:59.600]  canceling it for months down the road every time they do it.
[36:59.600 --> 37:00.600]  Okay.
[37:00.600 --> 37:03.400]  Here's why they cancel it.
[37:03.400 --> 37:12.040]  They put it on so that if there happens to be a final judgment, they can go ahead and
[37:12.040 --> 37:13.040]  foreclose.
[37:13.040 --> 37:16.160]  So they want to be ready.
[37:16.160 --> 37:21.520]  Now they foreclose anyway, but they don't want to in case the judge rules against them.
[37:21.520 --> 37:26.400]  If the judge rules in their favor and they filed a notice, then they're set up to go
[37:26.400 --> 37:29.720]  ahead and do the foreclosure.
[37:29.720 --> 37:34.280]  So the way to prevent that is just to stick them with another suit.
[37:34.280 --> 37:43.960]  Well, they've already gotten the declaratory judgment in their favor.
[37:43.960 --> 37:47.000]  Declareatory judgment concerning what?
[37:47.000 --> 37:49.000]  The foreclosure.
[37:49.000 --> 37:51.840]  Okay.
[37:51.840 --> 38:00.520]  Going in and undermining, that was based on the validity of the mortgage.
[38:00.520 --> 38:02.520]  Correct.
[38:02.520 --> 38:04.520]  Correct.
[38:04.520 --> 38:12.400]  Well, the declaratory judgment was given because the judge was at a precipice of, I need to
[38:12.400 --> 38:16.360]  get this stuff off my books, and he really never looked at anything, but because the
[38:16.360 --> 38:23.440]  attorney filed for a brief slate, which is a sanctionable offense, not a judgmental offense,
[38:23.440 --> 38:26.840]  he gave the judgment to the bank.
[38:26.840 --> 38:28.880]  Did you appeal?
[38:28.880 --> 38:29.880]  We did.
[38:29.880 --> 38:34.080]  Is it, okay, is it still an appeal?
[38:34.080 --> 38:37.840]  No, he gave the judgment to the bank.
[38:37.840 --> 38:45.360]  Oh, no, appeal, did the court of appeals uphold his ruling?
[38:45.360 --> 38:46.360]  Not that we're aware of.
[38:46.360 --> 38:47.360]  No, I see.
[38:47.360 --> 38:48.360]  Okay.
[38:48.360 --> 38:49.360]  Interesting.
[38:49.360 --> 38:51.360]  So you're still ruling the appeals court?
[38:51.360 --> 38:55.360]  Well, we've lost two attorneys since that happened.
[38:55.360 --> 39:02.760]  The attorney who filed her brief slate has gone sour on us, saying she doesn't want to
[39:02.760 --> 39:05.440]  do this, so we hired another attorney who...
[39:05.440 --> 39:08.440]  No, wait a minute, wait a minute.
[39:08.440 --> 39:10.920]  You paid that first attorney?
[39:10.920 --> 39:11.920]  Correct.
[39:11.920 --> 39:15.440]  Who cares if she don't want to do it?
[39:15.440 --> 39:16.440]  Well...
[39:16.440 --> 39:17.440]  She's been paid.
[39:17.440 --> 39:18.840]  That's the other issue.
[39:18.840 --> 39:23.520]  We did the same thing with another attorney after her who we paid and wrote a contract
[39:23.520 --> 39:27.120]  that he was going to file a quiet title for us.
[39:27.120 --> 39:32.920]  I pretty much wrote the quiet title, handed it to him, he put it in his legal format,
[39:32.920 --> 39:37.960]  and handed it back to me, and wanted more money to file it.
[39:37.960 --> 39:42.620]  You should sue him for malpractice.
[39:42.620 --> 39:44.120]  Did you bar-greave him?
[39:44.120 --> 39:46.200]  No, not yet.
[39:46.200 --> 39:47.200]  This just happened.
[39:47.200 --> 39:48.200]  No.
[39:48.200 --> 39:50.200]  Bar-greave him.
[39:50.200 --> 39:55.000]  Don't say a word to him about the bar-greavings and don't let him speak to you about it.
[39:55.000 --> 39:56.000]  Right.
[39:56.000 --> 40:06.440]  And when he requests us to withdraw, object to it, we recently had a woman go into court
[40:06.440 --> 40:08.800]  and she did good.
[40:08.800 --> 40:16.400]  The attorney put in...she bar-greaved him and threatened to sue him, and he put in a
[40:16.400 --> 40:20.240]  motion to withdraw, and we wrote an objection.
[40:20.240 --> 40:27.280]  They go into court, and the judge said, well, Ms. Ortiz, if you can't get along with your
[40:27.280 --> 40:29.760]  lawyer, why do you want to keep him?
[40:29.760 --> 40:31.680]  She said, I've paid him.
[40:31.680 --> 40:33.320]  He's under contract.
[40:33.320 --> 40:36.720]  We don't have to be friends.
[40:36.720 --> 40:37.720]  Right?
[40:37.720 --> 40:43.680]  The judge told the lawyer and said, counselor, you're going to have to find a way to get
[40:43.680 --> 40:50.440]  along with your client, because the judge knew for certain that if the judge allowed
[40:50.440 --> 40:57.960]  the lawyer to withdraw, we sue the judge if he were in the private contract.
[40:57.960 --> 41:07.360]  So now you got the lawyer by the testicles, he can't get away from you.
[41:07.360 --> 41:14.560]  Every time he moves, you bar-greave him, so now he's going to be able to control it.
[41:14.560 --> 41:16.280]  Right.
[41:16.280 --> 41:20.360]  I don't know that even controlling him is going to do us any good, because I don't think
[41:20.360 --> 41:26.440]  he has the knowledge needed to finish the case.
[41:26.440 --> 41:35.520]  You tell him, okay, then if you hire another lawyer, and odds are you're going to wind
[41:35.520 --> 41:41.400]  up in the same position, but make sure you sue him for a full amount of the property,
[41:41.400 --> 41:44.000]  a bit of the bargain.
[41:44.000 --> 41:45.400]  The recent attorney.
[41:45.400 --> 41:53.880]  Yeah, the current attorney who's either unwilling or unable to adjudicate your case, you sue
[41:53.880 --> 42:00.720]  him for malpractice, and this is what's going to happen when you sue him for malpractice.
[42:00.720 --> 42:09.160]  It's just like when you get in a car accident, and your insurance company steps in.
[42:09.160 --> 42:12.840]  You don't have any say about what they do.
[42:12.840 --> 42:16.960]  If they want to settle, they can settle.
[42:16.960 --> 42:21.880]  Same thing with the lawyer on his errors in emissions policy.
[42:21.880 --> 42:28.320]  When the errors in emissions carry your steps in, they're likely to make you a deal depending
[42:28.320 --> 42:30.280]  on how hard you fight them.
[42:30.280 --> 42:39.400]  To get you to go away, and then the lawyer gets it tagged against his future insurance.
[42:39.400 --> 42:42.160]  They'll get their money back from him.
[42:42.160 --> 42:43.160]  Right.
[42:43.160 --> 42:47.360]  Because that puts it out to his control.
[42:47.360 --> 42:48.360]  So right.
[42:48.360 --> 42:56.760]  I don't consider that, but certainly do a quiet title on the mortgage for declaratory
[42:56.760 --> 42:57.760]  judgment.
[42:57.760 --> 43:01.880]  Don't ask for any recovery.
[43:01.880 --> 43:04.880]  That's why I'm going to the Supreme on this one.
[43:04.880 --> 43:07.480]  Before I went to the Supreme, I prepared the certiori.
[43:07.480 --> 43:14.320]  But before I went to the Supreme, I filed a challenge to subject matter jurisdiction
[43:14.320 --> 43:20.920]  in the court of appeals, saying they had no power to rule on this issue that wasn't before
[43:20.920 --> 43:22.420]  the court.
[43:22.420 --> 43:27.480]  The only thing before the court is a petition for determination of the rights of the parties.
[43:27.480 --> 43:28.480]  Hang on.
[43:28.480 --> 43:30.880]  About to go to break.
[43:30.880 --> 43:35.880]  I called in number 512-646-1984.
[43:35.880 --> 43:39.800]  We've got our fundraiser going on, so it's a good time to go to the local radio network
[43:39.800 --> 43:45.600]  and check out our gun giveaway and some of the products we have there that will help
[43:45.600 --> 43:48.880]  keep this network on the air.
[43:48.880 --> 43:51.800]  And by all means, check out Randy Spear Fund.
[43:51.800 --> 43:52.800]  That thing is pitiful.
[43:52.800 --> 43:53.800]  We'll be right back.
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[44:58.840 --> 45:04.560]  Are you the plaintiff or defendant in a lawsuit?
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[46:21.160 --> 46:29.160]  Okay, we are back, Randy Kelton LulevLaw Radio, and we're talking to Chris in Pennsylvania.
[46:29.160 --> 46:37.160]  Okay, Chris, the good things about these is it takes them forever.
[46:37.160 --> 46:55.160]  But we just got the Supreme Court of California refused to hear our cert asking them to distinguish Jenkins to bring it in line with Glassky.
[46:55.160 --> 47:01.160]  We filed a suit about six years ago that said, who the heck are you guys?
[47:01.160 --> 47:07.160]  We don't know who you are. We never entered into contract. You never entered into contract with your alleged principal.
[47:07.160 --> 47:09.160]  Prove it up.
[47:09.160 --> 47:12.160]  And that was it. It's about four pages.
[47:12.160 --> 47:16.160]  And that includes the header, the photo, the prayer, the certificate of service, everything.
[47:16.160 --> 47:20.160]  The suit itself was just one page.
[47:20.160 --> 47:27.160]  Six years later, they finally ruled against it.
[47:27.160 --> 47:30.160]  That wasn't bad. That was our junk suit.
[47:30.160 --> 47:34.160]  So now we're ready to go back with the other one.
[47:34.160 --> 47:39.160]  But the value of the property had appreciated so much.
[47:39.160 --> 47:44.160]  He had lived in it for six years without paying anything.
[47:44.160 --> 47:51.160]  And in that neighborhood, the rent was between three and 4,000 a month.
[47:51.160 --> 47:56.160]  He lived there for six years, not paying anything.
[47:56.160 --> 48:02.160]  He sold it, paid off everything. His mortgage was 370 when he bought it.
[48:02.160 --> 48:05.160]  The bank said he owed 560.
[48:05.160 --> 48:17.160]  He sold it and took almost a little over 300,000 dollars profit.
[48:17.160 --> 48:20.160]  So he did pretty good.
[48:20.160 --> 48:28.160]  We could have fought it again and stayed in there another six years, but he was just tired of fighting them.
[48:28.160 --> 48:37.160]  And he was afraid that the housing market in California was going to wind up crashing when California does.
[48:37.160 --> 48:41.160]  So he got out. He's hoping he got out near the top.
[48:41.160 --> 48:44.160]  Anyway, he did pretty good. All he did had to do is hold him off.
[48:44.160 --> 48:49.160]  I got two more people we've had in court for between five and six years.
[48:49.160 --> 48:53.160]  Not hard to do. Winning is kind of hard.
[48:53.160 --> 48:56.160]  But keeping him in court till you get old, that's not so hard.
[48:56.160 --> 49:00.160]  Right. Finding that out.
[49:00.160 --> 49:05.160]  So I would look at a simple, quiet title.
[49:05.160 --> 49:09.160]  And that's a good shot for you.
[49:09.160 --> 49:12.160]  Because there is this question.
[49:12.160 --> 49:15.160]  You know, once you get the debt discharged,
[49:15.160 --> 49:25.160]  it is unreasonable that someone would be able to exercise a mortgage once you the debt is paid off.
[49:25.160 --> 49:27.160]  And the discharge paid off the debt.
[49:27.160 --> 49:29.160]  So there is no debt.
[49:29.160 --> 49:33.160]  So how does the mortgage have any validity?
[49:33.160 --> 49:34.160]  Right.
[49:34.160 --> 49:37.160]  And ask that directly.
[49:37.160 --> 49:42.160]  That's the only question before the court.
[49:42.160 --> 49:49.160]  How can a deed of trust that secures nothing take the property?
[49:49.160 --> 49:55.160]  So if they take the property and sell the property at auction,
[49:55.160 --> 49:59.160]  since there is no debt against the property,
[49:59.160 --> 50:04.160]  everything they receive at auction, they'll have to give back to you.
[50:04.160 --> 50:05.160]  Right.
[50:05.160 --> 50:06.160]  There's no purpose.
[50:06.160 --> 50:08.160]  We'd have to make that claim.
[50:08.160 --> 50:13.160]  We'd have to make that claim that we are owed debt.
[50:13.160 --> 50:15.160]  Is that how that works?
[50:15.160 --> 50:19.160]  Yeah, you'd have to put in a claim for overages.
[50:19.160 --> 50:20.160]  Overages, right.
[50:20.160 --> 50:21.160]  Right.
[50:21.160 --> 50:22.160]  Yeah.
[50:22.160 --> 50:24.160]  They didn't have to give it all to you.
[50:24.160 --> 50:27.160]  Right.
[50:27.160 --> 50:33.160]  And how are properties doing in Pennsylvania?
[50:33.160 --> 50:35.160]  Good.
[50:35.160 --> 50:36.160]  Yeah.
[50:36.160 --> 50:40.160]  And then you may do well even if they foreclose.
[50:40.160 --> 50:47.160]  But you make the argument that a foreclosure at this point is superfluous.
[50:47.160 --> 50:48.160]  Right.
[50:48.160 --> 50:51.160]  They'll serve the bank nothing because they'll have to give you back everything they receive.
[50:51.160 --> 50:53.160]  Because you don't owe them anything.
[50:53.160 --> 50:54.160]  Right.
[50:54.160 --> 50:58.160]  Right.
[50:58.160 --> 51:02.160]  Anyway, that sounds like a plan.
[51:02.160 --> 51:05.160]  Do you have any other questions?
[51:05.160 --> 51:06.160]  No, that was it.
[51:06.160 --> 51:08.160]  You answered my question perfectly.
[51:08.160 --> 51:10.160]  I was more concerned.
[51:10.160 --> 51:17.160]  And that's basically what I was seeing unfolding here, that it's really unbecoming of the bank
[51:17.160 --> 51:19.160]  to even continue with this.
[51:19.160 --> 51:26.160]  Because since the discharge, even if they do sell it, the money comes back to us in overages
[51:26.160 --> 51:28.160]  since nothing is owed.
[51:28.160 --> 51:34.160]  Since they've already filed a notice of discharge, then you might send them a notice
[51:34.160 --> 51:41.160]  that in the event of a foreclosure sale, you demand the entire amount that's received at the foreclosure sale
[51:41.160 --> 51:45.160]  as overage since you owe nothing against the property.
[51:45.160 --> 51:48.160]  Right.
[51:48.160 --> 51:52.160]  That might give them pause.
[51:52.160 --> 51:53.160]  Mm-hmm.
[51:53.160 --> 51:54.160]  I make sure it will.
[51:54.160 --> 51:59.160]  The only way they could benefit is if you didn't ask for the overages.
[51:59.160 --> 52:00.160]  Right.
[52:00.160 --> 52:02.160]  Right.
[52:02.160 --> 52:07.160]  And here there are, I mean, everything's overages, no cost.
[52:07.160 --> 52:13.160]  Except whatever the trustee wants to charge.
[52:13.160 --> 52:14.160]  Right.
[52:14.160 --> 52:21.160]  And then once the overages are, I mean, once that's dealt with, the overages would be,
[52:21.160 --> 52:30.160]  the house would be legitimately the property of the proprietor.
[52:30.160 --> 52:34.160]  Well, the bank would actually own the property.
[52:34.160 --> 52:39.160]  But did you return right around and buy it?
[52:39.160 --> 52:40.160]  Right.
[52:40.160 --> 52:47.160]  Well, the interesting part of this is we own the property, and what we did in the interim of this with my wife
[52:47.160 --> 52:54.160]  owned the property, we quickly claimed the title to myself in the process of this.
[52:54.160 --> 53:06.160]  Well, now I own the property, and so the bank is now sending both of us letters about the share of sale.
[53:06.160 --> 53:07.160]  Okay.
[53:07.160 --> 53:11.160]  Is her name on the mortgage?
[53:11.160 --> 53:15.160]  Her name was the only name that was on the mortgage.
[53:15.160 --> 53:18.160]  And they're sending you letters?
[53:18.160 --> 53:20.160]  Correct.
[53:20.160 --> 53:23.160]  Have they marked your credit?
[53:23.160 --> 53:24.160]  No.
[53:24.160 --> 53:26.160]  Not that I'm aware of.
[53:26.160 --> 53:27.160]  Okay.
[53:27.160 --> 53:29.160]  Check and see.
[53:29.160 --> 53:37.160]  Go down and ask the bank for a mortgage on this property.
[53:37.160 --> 53:42.160]  And see if they approve it.
[53:42.160 --> 53:43.160]  Okay.
[53:43.160 --> 53:48.160]  See if they come back and say, oh no, no, you can't get a mortgage.
[53:48.160 --> 53:52.160]  Your credit is screwed.
[53:52.160 --> 53:57.160]  Then you get Mike Mirris' course and go right back after the bank for damaging your credit.
[53:57.160 --> 54:03.160]  Especially if they don't pull on your credit, that's felony.
[54:03.160 --> 54:09.160]  So you might get Mike Mirris' course and look at that to give you another way to go back at the bank.
[54:09.160 --> 54:13.160]  Okay.
[54:13.160 --> 54:14.160]  But I'm not sure.
[54:14.160 --> 54:21.160]  Since she quit claimed to you, the mortgage is in her name.
[54:21.160 --> 54:26.160]  You took over the responsibility.
[54:26.160 --> 54:28.160]  I don't think that'll work.
[54:28.160 --> 54:30.160]  Right.
[54:30.160 --> 54:37.160]  But a nice quiet title should stop them in their tracks and sue the lawyer himself.
[54:37.160 --> 54:39.160]  In a separate suit.
[54:39.160 --> 54:41.160]  In a separate suit for malpractice.
[54:41.160 --> 54:45.160]  Because there is no debt owed.
[54:45.160 --> 54:50.160]  And he's suing to collect non-debt.
[54:50.160 --> 54:54.160]  Right.
[54:54.160 --> 54:55.160]  Right.
[54:55.160 --> 55:03.160]  Which is why I thought it was interesting the way this paperwork was worded.
[55:03.160 --> 55:08.160]  So, you know, if they sue, who would keep all that money?
[55:08.160 --> 55:11.160]  Well, that's the interesting thing.
[55:11.160 --> 55:15.160]  Because no one has made a claim yet to the property.
[55:15.160 --> 55:20.160]  It was Wells Fargo working for Fannie Mae as the lender.
[55:20.160 --> 55:23.160]  And Fannie Mae has no assignment of the mortgage.
[55:23.160 --> 55:26.160]  They have no assignment of the debt they have.
[55:26.160 --> 55:35.160]  And Wells Fargo has made up an assignment with their own people from Wacobia that had been closed for five years.
[55:35.160 --> 55:37.160]  Using Mirris to do it.
[55:37.160 --> 55:41.160]  So if Mirris is the mortgage of all the age.
[55:41.160 --> 55:47.160]  You should start suing the individuals.
[55:47.160 --> 55:50.160]  Everybody's standing under the cover of the bank.
[55:50.160 --> 55:53.160]  But these are individuals committing crimes.
[55:53.160 --> 55:56.160]  And they know they are.
[55:56.160 --> 56:00.160]  But the bank's bought and paid for the judges.
[56:00.160 --> 56:07.160]  The different issue when you start going after these singular individuals, especially when you go after them criminally.
[56:07.160 --> 56:12.160]  You might raise the bar for them.
[56:12.160 --> 56:16.160]  Right, quite intended.
[56:16.160 --> 56:19.160]  But have you talked to Leslie?
[56:19.160 --> 56:22.160]  I haven't talked to her recently.
[56:22.160 --> 56:24.160]  But I need to get a hold of her.
[56:24.160 --> 56:27.160]  Yes, she's down in Yuma now.
[56:27.160 --> 56:29.160]  Oh, really?
[56:29.160 --> 56:32.160]  Down there where it really never rains.
[56:32.160 --> 56:37.160]  I was just going to say, that's a totally different ball game from Pennsylvania to Yuma.
[56:37.160 --> 56:40.160]  Oh, yeah, very different.
[56:40.160 --> 56:44.160]  She's right across the river from Los Algarones.
[56:44.160 --> 56:47.160]  And there's nothing.
[56:47.160 --> 56:50.160]  All you got out there is Cerero Cactus.
[56:50.160 --> 56:54.160]  It's a really desert out there.
[56:54.160 --> 56:58.160]  A couple of decades is the cactus.
[56:58.160 --> 57:00.160]  But get a hold of her.
[57:00.160 --> 57:04.160]  I've heard a lot of criminal complaints, and she's raising a big issue about it.
[57:04.160 --> 57:09.160]  So you might be able to fall in under the pressure she's already putting on them.
[57:09.160 --> 57:12.160]  Okay, yeah, I need to get a touch with her.
[57:12.160 --> 57:18.160]  I was thinking about doing that today, but I didn't have the time.
[57:18.160 --> 57:22.160]  Okay, well, if you can't find her, send me an email.
[57:22.160 --> 57:24.160]  I'll get it to her.
[57:24.160 --> 57:26.160]  Okay, all right.
[57:26.160 --> 57:28.160]  Okay, I have her number.
[57:28.160 --> 57:30.160]  Thanks, Randy.
[57:30.160 --> 57:34.160]  Okay, I think her name was the same, so you'll be able to get her.
[57:34.160 --> 57:36.160]  Okay, thank you, Chris.
[57:36.160 --> 57:40.160]  Okay, now we're going to Olivier in Tennessee.
[57:40.160 --> 57:42.160]  Hello, Olivier.
[57:42.160 --> 57:44.160]  Hello, Randy.
[57:44.160 --> 57:46.160]  Doing good.
[57:46.160 --> 57:50.160]  Trying to get caught up, kind of running behind.
[57:50.160 --> 57:54.160]  Okay, what do you have for us today?
[57:54.160 --> 57:59.160]  You're ready, you're fine. Your music coming up.
[57:59.160 --> 58:01.160]  Your music coming up.
[58:01.160 --> 58:05.160]  Oh, okay, we have 45 seconds.
[58:05.160 --> 58:08.160]  This is the top of the hour, so it's a little bit longer.
[58:08.160 --> 58:12.160]  Okay, this is Randy Kelton, Deborah Stevens, Rue de Blas Radio.
[58:12.160 --> 58:16.160]  And it is the top of the hour, so we've got three minutes.
[58:16.160 --> 58:23.160]  It's a good time to go to Logo Stradio Network and have a look at our fundraiser.
[58:23.160 --> 58:32.160]  We've got two guns to give away this time, an AR-15, a Spikes Tactical AR-15 rifle,
[58:32.160 --> 58:37.160]  and a Taurus PT-111 G2 pistol.
[58:37.160 --> 58:47.160]  And we also have two AR-15, 80% lower receivers, and $100 gift certificate.
[58:47.160 --> 58:50.160]  We have jurisdiction.
[58:50.160 --> 58:54.160]  Would you like to make more definite progress in your walk with God?
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[59:40.160 --> 59:50.160]  That's 888-551-0102, or visit us online at bfa.org.
[59:50.160 --> 01:00:00.160]  Live free speech radio, logosradionetwork.com.
[01:00:00.160 --> 01:00:25.160]  The following news flash is brought to you by The Lone Star Lowdown.
[01:00:25.160 --> 01:00:32.160]  Today in History, the year 1865, U.S. President Abraham Lincoln is shot at Ford's Theater by John Wilkes Booth.
[01:00:32.160 --> 01:00:39.160]  Lincoln later died the next day after being shot today in history.
[01:00:39.160 --> 01:01:05.160]  In recent news, the GBU-43B, Massive Ordinance Air Blast Bomb, or Mother of All Bombs, the largest non-nuclear bomb in the United States arsenal with the blast shield of 11 tons of TNT, was dropped for the first time in combat Thursday night on a network of fortified underground tunnels originally built by the CIA according to WikiLeaks that ISIS and the Taliban had been using the stage attacks on U.S. and Afghani forces.
[01:01:05.160 --> 01:01:19.160]  The strike took place in the Nankahar province near the Afghan and Pakistan border, with Afghan officials confirming 36 ISIS fighters killed. However, ISIS media winged Amak News Agency denied that any ISIS fighters were killed or injured.
[01:01:19.160 --> 01:01:32.160]  General John Nicholson, commander of U.S. forces in Afghanistan, defending the use of the MOAM, told a press conference that, quote, this was the right weapon against the right target. It was the right time to use it tactically against the right target on the battlefield.
[01:01:32.160 --> 01:01:48.160]  That's the 21,600-pound, $170,000 Mother of All Bombs. Afghan President Ashraf Ghani approved of the strike, while former President Hamid Karzai accused the United States of using Afghanistan as a, quote, testing ground for a new and dangerous weapon.
[01:01:48.160 --> 01:02:03.160]  Residents two to three kilometers away were reporting broken windows and thick clouds of smoke after the blast. During the final stages of testing in 2003, military officials told the media that the MOAM was mainly conceived as a weapon employed for psychological operations.
[01:02:03.160 --> 01:02:07.160]  That is, as a means of scaring enemies into not even fighting.
[01:02:07.160 --> 01:02:25.160]  An internal Delta Airlines memo obtained Friday by the Associated Press stated that its agents can offer up to $2,000 up from a previous maximum of $800, and supervisors can offer up to $9,950 up from $1,350 to customers willing to give up their seats.
[01:02:25.160 --> 01:02:43.160]  With other airlines examining their policies as well, an American Airlines updating its rules to say that no passengers who boarded the plane will be removed to give up the seat to someone else. All this in response to a viral video where airport officers violently yanked and dragged David Dowell from his seat on a sold-out United Express flight.
[01:02:43.160 --> 01:02:56.160]  A choice which cost United upwards of a quarter of a billion dollars. No wonder airline competitors are paying out nearly $10,000 to avoid such a scenario.
[01:02:56.160 --> 01:03:17.160]  It's all according to the will of the Almighty. I read his book and it says he cares for the inside.
[01:03:17.160 --> 01:03:28.160]  Okay, we are back. Brandy Kelton with our radio and we're talking to Olivier in Tennessee. Okay, what do you have for us today Olivier?
[01:03:28.160 --> 01:03:49.160]  I want to take up too much time with the two issues I want to talk about tonight. When I called the clerk at the civil appellate court. Wait a minute, you're unclear. Speak a little more clearly.
[01:03:49.160 --> 01:04:03.160]  I called the clerk at the civil level. No, I'm an appellate level on the civil appellate in Nashville on the Boston prison for the police officers.
[01:04:03.160 --> 01:04:22.160]  And what I was told by the clerk was that the city council, Martin Nolan, was representing the police officers on record. That's what her record is showing.
[01:04:22.160 --> 01:04:45.160]  But on testimony during the court hearing, Martin Nolan, the attorney, testified that he only represents Carson City and doesn't represent any of the other defendants in the cases.
[01:04:45.160 --> 01:05:01.160]  Okay, well, the clerk saying that is not definitive. You need to really look at the documents that are filed. He should have filed a notice of representation.
[01:05:01.160 --> 01:05:24.160]  It may well be that he was not representing the police officers in this first hearing, but he may well have taken them on for the purpose of the appeal. He can do that.
[01:05:24.160 --> 01:05:46.160]  So what is it? What would be the point? You're maintaining that these others didn't file a response. Is that correct?
[01:05:46.160 --> 01:05:59.160]  Right. Then you should file an opposition to their filing an appeal. If they didn't file a response in the trial court, they can't and they have nothing to appeal.
[01:05:59.160 --> 01:06:07.160]  So is they do file a brief, file an opposition to their brief?
[01:06:07.160 --> 01:06:16.160]  You know, you file a motion to strike as they don't have standing.
[01:06:16.160 --> 01:06:25.160]  Okay. They don't have nothing to appeal. They have no reason or ability to ask anything.
[01:06:25.160 --> 01:06:35.160]  There's nothing for them to appeal because they stipulated to everything. This essentially goes to latches.
[01:06:35.160 --> 01:06:38.160]  Which we spoke about earlier.
[01:06:38.160 --> 01:06:50.160]  Right. But the judge dismissed it before their time to answer was up.
[01:06:50.160 --> 01:06:57.160]  Okay. Well, they still don't have standing. They don't have an answer.
[01:06:57.160 --> 01:07:13.160]  The judge dismissed to respond to it. They don't have standing to do anything. It's between you and the judge.
[01:07:13.160 --> 01:07:22.160]  What's the lawyer have to say? Did the lawyer file a motion to strike? A motion to dismiss?
[01:07:22.160 --> 01:07:27.160]  Yes, in that case, but only for city or park still.
[01:07:27.160 --> 01:07:29.160]  Oh, okay.
[01:07:29.160 --> 01:07:47.160]  Okay. So what is the nature of your appeal? What are you claiming? What are you appealing? What are you claiming in the appeal?
[01:07:47.160 --> 01:07:52.160]  What am I claiming in the appeal?
[01:07:52.160 --> 01:08:06.160]  Well, I'm feeling the dual-sponsored decision, the GTLA immunity that the judge said.
[01:08:06.160 --> 01:08:13.160]  Wait a minute. Hold on. You're not talking clear. I can't understand you.
[01:08:13.160 --> 01:08:27.160]  The GTLA is that there's an act in one of the Tennessee statutes which he claims that they are immune from suit.
[01:08:27.160 --> 01:08:45.160]  Okay. The question that should be before the court is, is qualified immunity a bar to prosecution or is it an affirmative defense?
[01:08:45.160 --> 01:08:48.160]  This is in the federal court?
[01:08:48.160 --> 01:08:51.160]  No, this is in the state court.
[01:08:51.160 --> 01:09:02.160]  Look up Rule 8 in the Fed and then look up the corresponding rule of civil procedure in the state.
[01:09:02.160 --> 01:09:10.160]  Rule 8 in the Fed lists all of those things that are affirmative defenses.
[01:09:10.160 --> 01:09:12.160]  Okay.
[01:09:12.160 --> 01:09:20.160]  I don't have it in front of me, but I'm relatively certain that immunity is not a bar.
[01:09:20.160 --> 01:09:29.160]  Immunity is an affirmative defense that must be pled because immunity is not absolute.
[01:09:29.160 --> 01:09:39.160]  The officers, if they're acting within the scope of their authority, they're immune or they have qualified immunity.
[01:09:39.160 --> 01:09:46.160]  But if they're acting outside of scope, then they don't have immunity.
[01:09:46.160 --> 01:09:53.160]  So immunity cannot be a bar. It has to be an affirmative defense.
[01:09:53.160 --> 01:10:03.160]  You file the claim, then they claim they're immune and then both of you go to court and argue the issue and the court determines whether they're immune or not.
[01:10:03.160 --> 01:10:07.160]  Same thing with statute limitations.
[01:10:07.160 --> 01:10:19.160]  That's what I was speaking to earlier. It's an affirmative defense because there could be circumstances that would toll the time limit or that wouldn't toll the time limit.
[01:10:19.160 --> 01:10:25.160]  So the clock stops and it looks like you're past four years, but you're really not.
[01:10:25.160 --> 01:10:28.160]  So you could argue that in court.
[01:10:28.160 --> 01:10:34.160]  There are certain things that are bars and the rest of them are affirmative defenses.
[01:10:34.160 --> 01:10:37.160]  And I'm certain that this is going to be an affirmative defense.
[01:10:37.160 --> 01:10:47.160]  And the reason I'm raising that issue, the ones who did not respond are subject to latches.
[01:10:47.160 --> 01:10:53.160]  This lawyer can't come in now and say they have qualified immunity.
[01:10:53.160 --> 01:11:00.160]  It wasn't affirmative defense that had to be raised and it wasn't.
[01:11:00.160 --> 01:11:11.160]  Or be familiar with the concept of latches, the doctrine of latches.
[01:11:11.160 --> 01:11:23.160]  When you have a right, if you have a right and you sit on that right and don't exercise it, you wave it.
[01:11:23.160 --> 01:11:35.160]  But they tell that to us, pro says all the time, if we miss something, they're going to say, sorry, Bubba, you had to, you had to plead that or you waved it.
[01:11:35.160 --> 01:11:38.160]  That's latches.
[01:11:38.160 --> 01:11:40.160]  Okay, once while you see the term.
[01:11:40.160 --> 01:11:49.160]  So you're going to say, maybe these, whether these officers have derivative immunity or not is irrelevant.
[01:11:49.160 --> 01:11:54.160]  So I take it you did argue that in your brief.
[01:11:54.160 --> 01:11:56.160]  Yeah, I got it.
[01:11:56.160 --> 01:12:00.160]  I was just trying to make sure I just kind of got a free game.
[01:12:00.160 --> 01:12:04.160]  I understand what you're talking about.
[01:12:04.160 --> 01:12:06.160]  You said latches.
[01:12:06.160 --> 01:12:13.160]  Good topic because I guess it kind of fits in what I was about to talk about next, but kind of backwards.
[01:12:13.160 --> 01:12:16.160]  So I'm running the way you just brought it up.
[01:12:16.160 --> 01:12:19.160]  You just said something about latches, right?
[01:12:19.160 --> 01:12:26.160]  And if we take that latches concept and we apply it to habeas corpus.
[01:12:26.160 --> 01:12:28.160]  Are you following me?
[01:12:28.160 --> 01:12:30.160]  Yes.
[01:12:30.160 --> 01:12:34.160]  Okay, well, okay, that applies all the time.
[01:12:34.160 --> 01:12:38.160]  Every person arrested can follow habeas.
[01:12:38.160 --> 01:12:43.160]  But if he doesn't, okay, then he waived the right now.
[01:12:43.160 --> 01:12:47.160]  You're not subject to latches.
[01:12:47.160 --> 01:12:51.160]  Because you tried to file it and was blocked.
[01:12:51.160 --> 01:12:58.160]  No, in Tennessee, no one subject to latches.
[01:12:58.160 --> 01:13:01.160]  And that's why.
[01:13:01.160 --> 01:13:02.160]  Okay, I'm sorry.
[01:13:02.160 --> 01:13:03.160]  You're right.
[01:13:03.160 --> 01:13:10.160]  On a habeas corpus, the right is always there.
[01:13:10.160 --> 01:13:14.160]  As long as your liberty is being restricted, you can file one at any time.
[01:13:14.160 --> 01:13:16.160]  So you're my bad.
[01:13:16.160 --> 01:13:18.160]  You're right.
[01:13:18.160 --> 01:13:21.160]  No, latches doesn't apply to habeas.
[01:13:21.160 --> 01:13:22.160]  I'm not challenging that.
[01:13:22.160 --> 01:13:24.160]  That's just the definition of habeas.
[01:13:24.160 --> 01:13:29.160]  That's just what habeas is and how to use it and what it's all about.
[01:13:29.160 --> 01:13:39.160]  Tennessee has a different thing where there's a statute on habeas where it makes it a requirement
[01:13:39.160 --> 01:13:48.160]  that the judge raise habeas corpus even without application.
[01:13:48.160 --> 01:13:52.160]  Even without application.
[01:13:52.160 --> 01:13:53.160]  That is interesting.
[01:13:53.160 --> 01:13:55.160]  Whenever.
[01:13:55.160 --> 01:13:56.160]  Whenever.
[01:13:56.160 --> 01:13:58.160]  Even without application.
[01:13:58.160 --> 01:14:01.160]  I'm sitting here like flipping backwards.
[01:14:01.160 --> 01:14:11.160]  So you're saying that in every case of an arrest or every case of a person in the state of Tennessee,
[01:14:11.160 --> 01:14:14.160]  we're restricted at their liberty.
[01:14:14.160 --> 01:14:26.160]  It is the duty of the judge to examine into the validity of the restriction.
[01:14:26.160 --> 01:14:28.160]  It says so.
[01:14:28.160 --> 01:14:33.160]  I got the statute number but I don't have the site put up.
[01:14:33.160 --> 01:14:38.160]  But I read it earlier and wrote it down and you brought up latches.
[01:14:38.160 --> 01:14:47.160]  And I kind of want to work back with some latches to where this is considered where there is not latches against you
[01:14:47.160 --> 01:14:53.160]  because this is a commandment where whenever they get any type of evidence,
[01:14:53.160 --> 01:15:00.160]  any type of evidence that's put on record or that's recognizable as a restraint of liberty,
[01:15:00.160 --> 01:15:06.160]  they shall raise it without application.
[01:15:06.160 --> 01:15:12.160]  Without application of the defendant or the, or its counsel.
[01:15:12.160 --> 01:15:13.160]  Okay.
[01:15:13.160 --> 01:15:21.160]  Is that in the section on habeas corpus or is it in a different section?
[01:15:21.160 --> 01:15:27.160]  29, yes, 29, 20, 104, habeas corpus.
[01:15:27.160 --> 01:15:29.160]  20.
[01:15:29.160 --> 01:15:30.160]  20.
[01:15:30.160 --> 01:15:33.160]  I've got 29, 21.
[01:15:33.160 --> 01:15:34.160]  104.
[01:15:34.160 --> 01:15:36.160]  That's 104.
[01:15:36.160 --> 01:15:37.160]  Oh, here it is.
[01:15:37.160 --> 01:15:38.160]  That's it.
[01:15:38.160 --> 01:15:40.160]  It's 29, 21, 104.
[01:15:40.160 --> 01:15:43.160]  Issues of writ without application.
[01:15:43.160 --> 01:15:51.160]  Whenever any court or judge authorized to grant this writ has evidence from a judicial proceeding
[01:15:51.160 --> 01:16:00.160]  that any person within the jurisdiction of such court or officer is illegally imprisoned or restrained of liberty.
[01:16:00.160 --> 01:16:07.160]  It is the duty of such court or judge to issue you or cause to be issued the writ as aforementioned,
[01:16:07.160 --> 01:16:12.160]  although no application be made thereof.
[01:16:12.160 --> 01:16:21.160]  When you were brought before the judge, did you raise the issue of wrongfully imprisonment?
[01:16:21.160 --> 01:16:22.160]  Yes.
[01:16:22.160 --> 01:16:25.160]  Well, the record did.
[01:16:25.160 --> 01:16:26.160]  The record did.
[01:16:26.160 --> 01:16:27.160]  Perfect.
[01:16:27.160 --> 01:16:28.160]  Hang on.
[01:16:28.160 --> 01:16:30.160]  About to go to break.
[01:16:30.160 --> 01:16:36.160]  Randy Kelton, rule of law radio, a call in number 512-646-1984.
[01:16:36.160 --> 01:16:42.160]  Call boards are pretty well empty, so we've got plenty of room for you to have a comment or a question.
[01:16:42.160 --> 01:16:43.160]  Give us a call.
[01:16:43.160 --> 01:16:46.160]  They generally load up at the end.
[01:16:46.160 --> 01:16:49.160]  So if you have something you want to bring, bring it now.
[01:16:49.160 --> 01:16:50.160]  We'll be able to get to you.
[01:16:50.160 --> 01:17:00.160]  We'll be right back.
[01:17:00.160 --> 01:17:01.160]  I love logos.
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[01:19:10.160 --> 01:19:27.160]  Okay, we are back.
[01:19:27.160 --> 01:19:32.160]  Randy Kelton, rule of law radio, and we're talking to Olivier in Tennessee.
[01:19:32.160 --> 01:19:36.160]  So that is interesting.
[01:19:36.160 --> 01:19:39.160]  We should have such a law in Texas.
[01:19:39.160 --> 01:19:59.160]  So, question becomes, what is the remedy if the judge fails to perform his duty?
[01:19:59.160 --> 01:20:10.160]  Okay, I'm looking at this saying the judge has a statutory duty to take this action and do this thing.
[01:20:10.160 --> 01:20:24.160]  That this thing the judge is directed by statute to do has the effect of protecting your right to be free from wrongful imprisonment.
[01:20:24.160 --> 01:20:31.160]  The judge failed to perform this duty, he's got a lot of background noise again.
[01:20:31.160 --> 01:20:39.160]  The judge failed to perform this duty, and in the process denied you the full free access to rejoin your right.
[01:20:39.160 --> 01:20:45.160]  That's official oppression the way I read it, on the part of the judge.
[01:20:45.160 --> 01:20:53.160]  And official oppression is not within scope.
[01:20:53.160 --> 01:20:57.160]  Remember we spoke to scope earlier.
[01:20:57.160 --> 01:21:04.160]  So long as you're acting within scope, you're immune from suit.
[01:21:04.160 --> 01:21:07.160]  Man, you better.
[01:21:07.160 --> 01:21:13.160]  Okay, hold on, I'm going to have to mute you.
[01:21:13.160 --> 01:21:19.160]  Okay, I don't know what's going on in your background, but it's just really blasting my ears.
[01:21:19.160 --> 01:21:33.160]  Okay, we have a case out of Tennessee, out of Texas, South Texas, where a police officer picked someone up at one jail, a 19 year old girl,
[01:21:33.160 --> 01:21:43.160]  and was taken her to another jail and decided to have a little entertainment and pulled over the side of the road and raped her.
[01:21:43.160 --> 01:21:51.160]  He was prosecuted, then he was sued, and he claimed, qualified as immunity in the lawsuit.
[01:21:51.160 --> 01:21:59.160]  And the court said that rape was not within scope.
[01:21:59.160 --> 01:22:02.160]  Criminal acts are not within scope.
[01:22:02.160 --> 01:22:16.160]  No one has immunity from criminal acts unless you are a police officer undercover. There are certain limited crimes you can commit and have immunity for.
[01:22:16.160 --> 01:22:27.160]  But other than that, there is no immunity from committing crimes, especially crimes of official oppression.
[01:22:27.160 --> 01:22:34.160]  That give you any ideas, Olivier?
[01:22:34.160 --> 01:22:39.160]  Yeah, well, I know I'm right.
[01:22:39.160 --> 01:22:48.160]  Well, what do you think of this judge as a jurist? Do you want him ruling on your case, him or her?
[01:22:48.160 --> 01:22:54.160]  Here's what you're not understanding. I'm on another level. You said judge, right?
[01:22:54.160 --> 01:23:01.160]  When you say judge, that includes magistrates, that includes everything that makes a ruling on anything.
[01:23:01.160 --> 01:23:14.160]  So, if that's the point in case, if someone raised the issue when they're coming into a closed court, like they have here in Montgomery County,
[01:23:14.160 --> 01:23:21.160]  which is a lawful by the Constitution in the first place, and states the facts that they were in their right of local motion,
[01:23:21.160 --> 01:23:25.160]  which they have confidence in. Wait a minute. Wait a minute. Hold on.
[01:23:25.160 --> 01:23:31.160]  All that magistrate does not award...
[01:23:31.160 --> 01:23:43.160]  I'm looking back at the code. Whenever any court or judge, are you saying they brought you into a closed courtroom?
[01:23:43.160 --> 01:23:51.160]  Yeah, because the bail, when you come into bail, is closed, is a window.
[01:23:51.160 --> 01:23:55.160]  Was Troy there? Was Troy there?
[01:23:55.160 --> 01:24:01.160]  No. No one can get in there except the officers, and they're going...
[01:24:01.160 --> 01:24:14.160]  What I'm saying was, Troy, I talked to Troy when they were supposedly bringing you to court, and he said they wouldn't let him in. Did he try to get into that hearing?
[01:24:14.160 --> 01:24:24.160]  No, yeah, he got into the hearing. I'm talking about when they first arrest you.
[01:24:24.160 --> 01:24:35.160]  Okay, then it's not clear where you're at in the process. So they first arrest you, where did they take you?
[01:24:35.160 --> 01:24:47.160]  They arrest you, and they take you to jail. And in jail, there's a corridor that you walk in, and you're standing in front of a magistrate behind a bulletproof window.
[01:24:47.160 --> 01:24:57.160]  There's a good reason why. And then they do their court session behind closed doors, which is against the Constitution. Is that correct?
[01:24:57.160 --> 01:25:02.160]  Because that's the judiciary. That's what's creating the proceedings.
[01:25:02.160 --> 01:25:25.160]  So it's only illegal if they would not allow anyone to observe it. Now, I went down there and done that a number of times. And in Texas, there's specific authority to use video monitoring to do this kind of hearing.
[01:25:25.160 --> 01:25:44.160]  And they have let me sit and watch the videos. What I first talked about when I started today was going down to Johnson County and asked to witness the morning arrangement hearing or registration, whatever they called it.
[01:25:44.160 --> 01:25:56.160]  And the court refused, the judge refused to let me see the hearing. She said it's her courtroom, and I wasn't coming in. And I told the clerk, you need to instruct the judge that she is mistaken.
[01:25:56.160 --> 01:26:13.160]  It is not her courtroom. It is my courtroom. Well, that I wound up presenting the district attorney to the grand jury over there. So that's why I was asking you if Troy tried to witness that.
[01:26:13.160 --> 01:26:28.160]  Yeah, I mean, yes, that is the second, the second time you brought in front of the judge in front of the camera, yes, this recorded in the front of an open court. Yes, that is.
[01:26:28.160 --> 01:26:29.160]  Okay.
[01:26:29.160 --> 01:26:30.160]  But you're missing my drift.
[01:26:30.160 --> 01:26:33.160]  Okay. No, I'm not missing your drift.
[01:26:33.160 --> 01:26:34.160]  Okay.
[01:26:34.160 --> 01:26:48.160]  In order for you to claim that that was a secret hearing, someone had to have requested to observe the hearing and would have been denied.
[01:26:48.160 --> 01:26:59.160]  Well, the fact that it's held in the jail is irrelevant. They told me at the time they said, well, you can't witness this because it's being held deep in the jail.
[01:26:59.160 --> 01:27:03.160]  I said, well, that's no problem. Hold it somewhere else.
[01:27:03.160 --> 01:27:12.160]  The statues are very great over here. You have a statutory right to counsel at that bell window. And when you ask for,
[01:27:12.160 --> 01:27:13.160]  Yes, you do.
[01:27:13.160 --> 01:27:27.160]  They look at you like you're crazy. You have a statutory right to a phone call as soon as those hours after those lights turn on from the police car here in Tennessee.
[01:27:27.160 --> 01:27:34.160]  You have to put the police car at you. You're seized and arrested. They have an hour to give you a phone call to an attorney.
[01:27:34.160 --> 01:27:39.160]  And they have to give you a phone call before you're booked into the system.
[01:27:39.160 --> 01:27:49.160]  So there's plenty of violations that occur that raise the rapiest corporate issue that when you bring in front of a magistrate, which is a judge.
[01:27:49.160 --> 01:28:08.160]  Okay, okay. Now I see where you're going. You're saying that every arrest in the state of Tennessee that is made in accordance with these standing practices is an improper arrest.
[01:28:08.160 --> 01:28:13.160]  And the judge has a duty to.
[01:28:13.160 --> 01:28:16.160]  That's how bad it is.
[01:28:16.160 --> 01:28:24.160]  To issue a habeas corpus. I'm trying to get the right word. Oh yeah. Well, you're speaking to the choir here.
[01:28:24.160 --> 01:28:35.160]  Right. The statutory demands the habeas corpus not only the statutory right plus the violation of it basically brings on the habeas corpus.
[01:28:35.160 --> 01:28:48.160]  I think you are right in the correct place to get this changed. When you start landing on these judges with both feet.
[01:28:48.160 --> 01:28:53.160]  The judges are going to be real unhappy campers.
[01:28:53.160 --> 01:29:00.160]  I filed criminal charges against all the highest judges in Texas to one time.
[01:29:00.160 --> 01:29:14.160]  The habeas corpus. I went down to the court and asked to see all of the habeas is filed in the last six months by a pro se litigants.
[01:29:14.160 --> 01:29:18.160]  They brought me a stack of them.
[01:29:18.160 --> 01:29:26.160]  One of them was written on a roll of toilet paper.
[01:29:26.160 --> 01:29:32.160]  It was incredible. He used the whole roll.
[01:29:32.160 --> 01:29:40.160]  Didn't punch a hole in it anywhere. I couldn't see that there was one misspelling.
[01:29:40.160 --> 01:29:44.160]  I looked at that and said this is in.
[01:29:44.160 --> 01:29:49.160]  The clerks thought it was absolutely hilarious.
[01:29:49.160 --> 01:29:54.160]  But the judges were denying all habeas is out of hand.
[01:29:54.160 --> 01:29:57.160]  And I stung them and they changed that policy.
[01:29:57.160 --> 01:30:00.160]  Hang on, we'll be right back.
[01:30:00.160 --> 01:30:05.160]  Hexachlorobenzene is a reproductive toxin you probably don't want to ingest.
[01:30:05.160 --> 01:30:09.160]  Unfortunately you probably already have and there's a good chance you did it today.
[01:30:09.160 --> 01:30:13.160]  I'm Dr. Catherine Albert and I'll be right back with the toxic truth.
[01:30:13.160 --> 01:30:18.160]  Privacy is under attack. When you give up data about yourself you'll never get it back again.
[01:30:18.160 --> 01:30:24.160]  And once your privacy is gone you'll find your freedoms will start to vanish too.
[01:30:24.160 --> 01:30:29.160]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:30:29.160 --> 01:30:32.160]  Privacy, it's worth hanging on to.
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[01:30:42.160 --> 01:30:45.160]  The pesticides we eat accumulate in our fat.
[01:30:45.160 --> 01:30:48.160]  Unfortunately the same is true with dairy cows.
[01:30:48.160 --> 01:30:53.160]  The chemicals they eat wind up in their fat and that finds its way into our butter and cream.
[01:30:53.160 --> 01:30:59.160]  A recent report by the USDA found that more than 80% of the butter tested contained a known carcinogen,
[01:30:59.160 --> 01:31:01.160]  a pesticide called DDE.
[01:31:01.160 --> 01:31:07.160]  And when they tested cream samples they found not only DDE but that ghastly poison hexachlorobenzene.
[01:31:07.160 --> 01:31:13.160]  So if you know what's good for you and now you do, on that shopping list right next to the organic fruits and veggies,
[01:31:13.160 --> 01:31:16.160]  you just might want to add organic butter and cream.
[01:31:16.160 --> 01:31:45.160]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:47.160 --> 01:31:50.160]  I'm not a conspiracy theorist.
[01:31:50.160 --> 01:31:51.160]  I'm a structural engineer.
[01:31:51.160 --> 01:31:52.160]  I'm a New York City correction officer.
[01:31:52.160 --> 01:31:53.160]  I'm an Air Force pilot.
[01:31:53.160 --> 01:31:55.160]  I'm a father who lost his son.
[01:31:55.160 --> 01:31:57.160]  We're Americans and we deserve the truth.
[01:31:57.160 --> 01:32:26.160]  Go to RememberBuilding7.org today.
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[01:32:34.160 --> 01:32:39.160]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
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[01:32:45.160 --> 01:32:50.160]  So if those out-of-town roofers come knocking, your door should be lockin'.
[01:32:50.160 --> 01:32:56.520]  That's 512-992-8745 or hillcountryhomeimprovements.com.
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[01:32:58.400 --> 01:33:01.000]  I mean, I actually be kidding about Kim Drills.
[01:33:01.000 --> 01:33:04.000]  Looking for some truth?
[01:33:04.000 --> 01:33:06.000]  You found it.
[01:33:06.000 --> 01:33:35.960]  Okay, we are back, Randy Kelkin, Rue Vleau Radio and Olivier, you are definitely
[01:33:35.960 --> 01:33:42.040]  on to something really cool.
[01:33:42.040 --> 01:33:45.320]  Thing you want to do is get a shot at the judges.
[01:33:45.320 --> 01:33:46.480]  That's what I always want.
[01:33:46.480 --> 01:33:48.760]  I won't take my shot at the judges.
[01:33:48.760 --> 01:33:54.400]  I just use those chumps down at the bottom to get me up to the judges.
[01:33:54.400 --> 01:33:57.600]  You got these guys righteous.
[01:33:57.600 --> 01:33:59.400]  We don't have this in Texas.
[01:33:59.400 --> 01:34:04.520]  This would be extremely powerful if we had it here.
[01:34:04.520 --> 01:34:10.160]  Now you can go directly for that, a judge's professional throat.
[01:34:10.160 --> 01:34:13.320]  This is criminal on the part of the judge.
[01:34:13.320 --> 01:34:14.320]  Randy.
[01:34:14.320 --> 01:34:18.640]  Getting you on a roll here, you're getting excited.
[01:34:18.640 --> 01:34:19.640]  I know.
[01:34:19.640 --> 01:34:26.800]  Before you get going, now you got to remember this was not, this was being brought up from
[01:34:26.800 --> 01:34:29.800]  your last thing, but it's another topic.
[01:34:29.800 --> 01:34:39.200]  But this habeas corpus trap that's set up and the statutory rights that we're giving
[01:34:39.200 --> 01:34:44.640]  that are violated, that's a restriction of liberty, which is automatically attached to
[01:34:44.640 --> 01:34:50.120]  habeas corpus, it fits in every last one of my cases.
[01:34:50.120 --> 01:34:57.920]  It fits in every last one of the inmates that are being incarcerated in my jail.
[01:34:57.920 --> 01:34:58.920]  That's it, yeah.
[01:34:58.920 --> 01:34:59.920]  Okay.
[01:34:59.920 --> 01:35:04.200]  Are you familiar with a private attorney general suit?
[01:35:04.200 --> 01:35:09.760]  I heard about it, but not paid attention to it.
[01:35:09.760 --> 01:35:10.760]  Okay.
[01:35:10.760 --> 01:35:16.360]  This is, a private attorney general suit is not some special magical thing.
[01:35:16.360 --> 01:35:17.520]  It's just a suit.
[01:35:17.520 --> 01:35:23.960]  It is a type of suit that the courts allow and they've given it this name.
[01:35:23.960 --> 01:35:32.320]  A private attorney general suit is the suit where someone sues in their own behalf and
[01:35:32.320 --> 01:35:37.320]  in the behalf of all others similarly situated.
[01:35:37.320 --> 01:35:42.760]  So if you have suffered a wrong and generally this is used for something minor like a traffic
[01:35:42.760 --> 01:35:50.000]  ticket, two, three hundred bucks for a traffic ticket, who's going to file suit for a traffic
[01:35:50.000 --> 01:35:54.840]  ticket, it's going to cost them thousands and thousands, it ain't worth it.
[01:35:54.840 --> 01:36:02.240]  So what the court said is we're going to allow one person to sue on the behalf of all these
[01:36:02.240 --> 01:36:03.240]  other people.
[01:36:03.240 --> 01:36:04.240]  Go ahead.
[01:36:04.240 --> 01:36:05.240]  Okay.
[01:36:05.240 --> 01:36:13.960]  Will I be able to use the ultimate imprisonment cases that I have or the cases that I have
[01:36:13.960 --> 01:36:22.400]  before as like in the brief or in the argument as what you're telling me or what you're picturing
[01:36:22.400 --> 01:36:24.400]  right now?
[01:36:24.400 --> 01:36:27.600]  Oh, absolutely.
[01:36:27.600 --> 01:36:39.920]  Your primary claim is that these judges in every case are acting in direct violation
[01:36:39.920 --> 01:36:45.720]  of law and they know full well that they are.
[01:36:45.720 --> 01:36:57.160]  This is what is called predicate acts in furtherance of an ongoing criminal conspiracy.
[01:36:57.160 --> 01:37:04.320]  Whenever a lawyer hears predicate acts in furtherance of an ongoing criminal conspiracy,
[01:37:04.320 --> 01:37:16.440]  that is RICO, this is RICO, I had a federal judge tell me once in Oklahoma that filing
[01:37:16.440 --> 01:37:25.480]  a RICO suits like dropping an atomic bomb on the court, RICO is your big deal.
[01:37:25.480 --> 01:37:33.120]  If you file a RICO against the state of Tennessee, then this is a suit that would go against
[01:37:33.120 --> 01:37:40.480]  the state itself because you can be certain that these practices are not limited to Montgomery
[01:37:40.480 --> 01:37:41.480]  County.
[01:37:41.480 --> 01:37:47.880]  They would not be disophisticated.
[01:37:47.880 --> 01:37:53.240]  If you dismiss my case to respond to it and I'm pro-state stating that I'm a prisoner
[01:37:53.240 --> 01:37:58.360]  in jail and I'm not, isn't that a restriction of my liberty?
[01:37:58.360 --> 01:37:59.360]  Yes.
[01:37:59.360 --> 01:38:10.760]  Oh, well, it's a desire, my tang is getting toggled, it's the denial of procedural due
[01:38:10.760 --> 01:38:11.760]  process.
[01:38:11.760 --> 01:38:23.240]  No, it's not precisely a restriction of your liberty.
[01:38:23.240 --> 01:38:27.600]  You had your liberty restricted when you were arrested.
[01:38:27.600 --> 01:38:34.280]  They follow these procedures every time and you can show by the multiple arrest that the
[01:38:34.280 --> 01:38:36.280]  procedures were the same every time.
[01:38:36.280 --> 01:38:37.760]  I understand that part.
[01:38:37.760 --> 01:38:43.360]  I was trying to see if I could tie in the federal circuit because I filed the...
[01:38:43.360 --> 01:38:45.240]  Oh, that's where I was going.
[01:38:45.240 --> 01:38:47.240]  RICO is federal.
[01:38:47.240 --> 01:38:49.760]  Well, I filed...
[01:38:49.760 --> 01:38:50.760]  RICO is...
[01:38:50.760 --> 01:38:55.400]  Wait a minute, how far are you from Pulaski, Tennessee?
[01:38:55.400 --> 01:39:06.760]  Pulaski, I'm not sure, but I filed several suits in the federal court and they all got
[01:39:06.760 --> 01:39:15.320]  dismissed stating that failure state of claim or that I'm a prisoner and I failed to meet
[01:39:15.320 --> 01:39:22.400]  one of the requirements in the PTLA act, which I don't even follow under.
[01:39:22.400 --> 01:39:26.720]  Okay, did you appeal those?
[01:39:26.720 --> 01:39:33.080]  In the process, but I'm not going to appeal to that, I don't care about that, I'm trying
[01:39:33.080 --> 01:39:35.720]  to see how can I use that information.
[01:39:35.720 --> 01:39:38.400]  Okay, that's where I'm going to go to.
[01:39:38.400 --> 01:39:44.200]  First thing, this is turning into something too big for you to do yourself.
[01:39:44.200 --> 01:39:45.200]  I know.
[01:39:45.200 --> 01:39:51.240]  You've done a lot of research and you've learned a lot, but you don't know enough to do this
[01:39:51.240 --> 01:39:59.960]  yet, not near enough to do it effectively, but you have it available.
[01:39:59.960 --> 01:40:07.560]  You might want to back up and really get to work on your research, pull some suits that
[01:40:07.560 --> 01:40:20.920]  have been filed of this nature and plagiarize like crazy, but you need to make sure you
[01:40:20.920 --> 01:40:24.960]  follow all the rules and touch all the bases.
[01:40:24.960 --> 01:40:38.600]  If you file a 18 U.S. Code 242 suit in this instance, where you name the state of Tennessee
[01:40:38.600 --> 01:40:49.280]  as the defendant, this suit goes to the U.S. Supreme, U.S. Supreme has a written jurisdiction.
[01:40:49.280 --> 01:40:56.280]  This is not a certiori and this is a suit, they can't decide not to hear it.
[01:40:56.280 --> 01:40:57.280]  Go ahead.
[01:40:57.280 --> 01:41:07.640]  And it's easy language because the Constitution relates to your right and the federal Constitution.
[01:41:07.640 --> 01:41:17.160]  Then the statute relates to your Tennessee's Constitution which are plain tone, strict,
[01:41:17.160 --> 01:41:24.880]  very clear, it's not convoluted, that's just that right.
[01:41:24.880 --> 01:41:33.160]  You have a right to depend on the code as written.
[01:41:33.160 --> 01:41:39.640]  You have a right to hold an expectation that everything written into law all will be properly
[01:41:39.640 --> 01:41:41.360]  applied to you.
[01:41:41.360 --> 01:41:46.800]  So when an official fails to properly apply the law, they deny you in that right.
[01:41:46.800 --> 01:41:51.960]  And this one is absolutely clear.
[01:41:51.960 --> 01:41:59.960]  The procedures I've been complaining about for 25 years, they're consistent everywhere.
[01:41:59.960 --> 01:42:04.640]  Not just Tennessee, they do the same thing here, they do the same thing everywhere.
[01:42:04.640 --> 01:42:11.280]  But we don't have that specific statute that very particularly puts the judge himself on
[01:42:11.280 --> 01:42:12.280]  the time.
[01:42:12.280 --> 01:42:22.040]  When you file a major suit and name the judges, and I'm suggesting only name the judges.
[01:42:22.040 --> 01:42:30.360]  You can't blame the police and the prosecutors if they're all doing what the judges tell
[01:42:30.360 --> 01:42:32.080]  them to do.
[01:42:32.080 --> 01:42:36.640]  The judges are the one that controls courts, not prosecutors and police.
[01:42:36.640 --> 01:42:45.760]  If we're going to hold the judges accountable because the HAPI, the Corpus Clause, I found
[01:42:45.760 --> 01:42:54.000]  other statute in Tennessee that made the prosecutor liable to, I think, from 1989 Act, which basically
[01:42:54.000 --> 01:43:00.240]  states that you have to be basically fair and impartial with the evidence.
[01:43:00.240 --> 01:43:08.760]  And if it's not favorable to release, basically to release the defendant from prosecution.
[01:43:08.760 --> 01:43:15.360]  Okay.
[01:43:15.360 --> 01:43:22.680]  You might want to, okay, if you do file too many claims, the court's going to pick one
[01:43:22.680 --> 01:43:31.560]  claim that they can deny and then use it to deny your whole case.
[01:43:31.560 --> 01:43:32.560]  That's not right.
[01:43:32.560 --> 01:43:34.760]  But that's what they do on a regular basis.
[01:43:34.760 --> 01:43:39.400]  Yeah, I'm not picking, I'm just raising that point, I'm not, I'm not telling what, what
[01:43:39.400 --> 01:43:40.400]  what.
[01:43:40.400 --> 01:43:41.400]  I'm just raising the point.
[01:43:41.400 --> 01:43:42.400]  I found the statute.
[01:43:42.400 --> 01:43:45.320]  You might, you might raise that in a malpractice suit.
[01:43:45.320 --> 01:43:47.400]  Hang on, about to go to break.
[01:43:47.400 --> 01:44:00.600]  Randy Kelton, Louis LaRidio, I call it number 512-646-1984, we'll be right back.
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[01:46:20.000 --> 01:46:25.640]  Okay, we are back, Randy Kelton, Rule of Law Radio, and we're talking to Olivier in
[01:46:25.640 --> 01:46:26.640]  Tennessee.
[01:46:26.640 --> 01:46:33.600]  Olivier, before we start again, I'd like to take a step back.
[01:46:33.600 --> 01:46:39.440]  I'm not sure exactly why you're calling me.
[01:46:39.440 --> 01:46:45.400]  And this conversation is not as focused as I'd like it to be.
[01:46:45.400 --> 01:46:50.240]  We're talking about two or three different things all at one time.
[01:46:50.240 --> 01:46:57.440]  So let's go back and what plan, primarily, do you want to address?
[01:46:57.440 --> 01:46:58.440]  Okay.
[01:46:58.440 --> 01:47:06.240]  Well, I warned you about that because you brought up the last days, remember?
[01:47:06.240 --> 01:47:14.520]  That's why I kept on mentioning the last days because the whole conversation was kind
[01:47:14.520 --> 01:47:19.080]  of connected right when you said latches and when you was explaining it to me.
[01:47:19.080 --> 01:47:28.280]  But what happens at that hearing, it was a lot of things I could pick at, but I'm not
[01:47:28.280 --> 01:47:30.960]  going to go over the whole case.
[01:47:30.960 --> 01:47:37.360]  But the part where the turn to DA was two parts.
[01:47:37.360 --> 01:47:43.240]  How many DAs are allowed in a courtroom to assist on the case?
[01:47:43.240 --> 01:47:49.240]  Probably as many as will fit.
[01:47:49.240 --> 01:47:54.040]  Is that allowed?
[01:47:54.040 --> 01:48:00.920]  Yeah, they can do that.
[01:48:00.920 --> 01:48:06.760]  That's certainly something you'll want to bring up later.
[01:48:06.760 --> 01:48:10.360]  Did you have counsel with you?
[01:48:10.360 --> 01:48:11.360]  Yes.
[01:48:11.360 --> 01:48:16.880]  Okay, then they can have as many as they want to, technically, but that just indicates
[01:48:16.880 --> 01:48:18.880]  that they're having problems.
[01:48:18.880 --> 01:48:19.880]  Okay.
[01:48:19.880 --> 01:48:25.080]  Well, here's the big issue about that.
[01:48:25.080 --> 01:48:35.800]  Now, there's five DAs and on record, they state that I've been convicted of a felony
[01:48:35.800 --> 01:48:36.800]  charge before.
[01:48:36.800 --> 01:48:41.680]  Well, I guess they were trying to set bail or have a bail hearing, which was illegal
[01:48:41.680 --> 01:48:43.680]  in the first place.
[01:48:43.680 --> 01:48:51.880]  Tapis Corpus should have been raised by that time because my attorney mentioned that Mr.
[01:48:51.880 --> 01:48:57.800]  Olivier, explanation of the story is that he has constitutional rights and one of them
[01:48:57.800 --> 01:48:59.800]  were broken.
[01:48:59.800 --> 01:49:11.640]  He said that I was convicted of a felony, but it's pending.
[01:49:11.640 --> 01:49:14.480]  It's on appeal?
[01:49:14.480 --> 01:49:18.280]  What does pending mean?
[01:49:18.280 --> 01:49:20.720]  What does pending mean?
[01:49:20.720 --> 01:49:29.760]  In this context, did you go through a bench trial and get convicted in the bench trial
[01:49:29.760 --> 01:49:32.000]  and it's on appeal?
[01:49:32.000 --> 01:49:33.000]  A jury trial?
[01:49:33.000 --> 01:49:40.240]  No, I was in a jury trial and I got convicted in the jury trial, but I haven't got sentenced
[01:49:40.240 --> 01:49:41.240]  because...
[01:49:41.240 --> 01:49:43.760]  Oh, then there is a convention.
[01:49:43.760 --> 01:49:45.760]  There is a convention then.
[01:49:45.760 --> 01:49:47.760]  He's correct.
[01:49:47.760 --> 01:49:58.480]  Well, they want to be correct, but after I looked it up, they're not correct because
[01:49:58.480 --> 01:50:05.360]  on the conviction, it's submitted on a what?
[01:50:05.360 --> 01:50:11.480]  It's submitted on a final consumption of the prosecution, including judgment or sentence
[01:50:11.480 --> 01:50:19.760]  by the state court proceeding with issue determined.
[01:50:19.760 --> 01:50:21.160]  It's produced on a piece of paper.
[01:50:21.160 --> 01:50:23.880]  I forgot what a piece of paper is because I had it written out.
[01:50:23.880 --> 01:50:26.280]  It's produced on a document.
[01:50:26.280 --> 01:50:27.280]  Correct?
[01:50:27.280 --> 01:50:33.000]  And the jury cannot produce that information on the document.
[01:50:33.000 --> 01:50:36.080]  The jury just produces the conviction.
[01:50:36.080 --> 01:50:44.160]  The judge is the one after all the motions and all those other statutory requirements
[01:50:44.160 --> 01:50:52.400]  are produced in front of the court and she makes her ruling, then she places the conviction
[01:50:52.400 --> 01:50:59.160]  on that document, which makes it a final intrusion.
[01:50:59.160 --> 01:51:00.160]  Final order.
[01:51:00.160 --> 01:51:02.400]  You're talking about the order.
[01:51:02.400 --> 01:51:03.400]  Right.
[01:51:03.400 --> 01:51:04.400]  So until...
[01:51:04.400 --> 01:51:05.400]  Okay.
[01:51:05.400 --> 01:51:08.400]  And you're saying there is no final order in the case?
[01:51:08.400 --> 01:51:18.400]  Right, because I found a case file here which expressively states that.
[01:51:18.400 --> 01:51:19.400]  Okay.
[01:51:19.400 --> 01:51:24.560]  On the conviction.
[01:51:24.560 --> 01:51:37.000]  And so that would go to a motion to void the judgment in the hearing and request a new
[01:51:37.000 --> 01:51:41.200]  hearing because the prosecutor...
[01:51:41.200 --> 01:51:45.400]  As a head of the court, isn't that?
[01:51:45.400 --> 01:51:51.920]  As a head of the court, but you are providing information to the court to restrain me of
[01:51:51.920 --> 01:51:57.400]  my liberty from bail, causing the court to grant excessive bail.
[01:51:57.400 --> 01:51:58.400]  Okay.
[01:51:58.400 --> 01:52:01.400]  Well, the judge is not...
[01:52:01.400 --> 01:52:07.840]  The way I read it is that doesn't necessarily invoke his duty unless he knows that there
[01:52:07.840 --> 01:52:11.920]  is no final conviction or final order.
[01:52:11.920 --> 01:52:12.920]  Did he know that?
[01:52:12.920 --> 01:52:17.920]  Well, I'm not trying to go after the judge, I'm trying to go after the DA.
[01:52:17.920 --> 01:52:18.920]  Okay.
[01:52:18.920 --> 01:52:19.920]  I'm not...
[01:52:19.920 --> 01:52:20.920]  Okay, then that's...
[01:52:20.920 --> 01:52:24.680]  Well, I'm having trouble here because you're moving around and you're not telling me where
[01:52:24.680 --> 01:52:25.680]  you're moving to.
[01:52:25.680 --> 01:52:26.680]  So I'm trying to keep up.
[01:52:26.680 --> 01:52:27.680]  I'm trying to go after the DA.
[01:52:27.680 --> 01:52:28.680]  I'm trying to go after...
[01:52:28.680 --> 01:52:34.680]  That's aggravated perjury.
[01:52:34.680 --> 01:52:37.640]  That's a charge of aggravated perjury.
[01:52:37.640 --> 01:52:41.200]  So definitely you go after the DA for it.
[01:52:41.200 --> 01:52:45.720]  And you could bar-greave him for failure to speak with candor to the court.
[01:52:45.720 --> 01:52:49.080]  Oh, failure to speak with candor with the court.
[01:52:49.080 --> 01:52:51.680]  The bar-greave would hurt more, right?
[01:52:51.680 --> 01:52:53.680]  Bar-greave would hurt more.
[01:52:53.680 --> 01:52:57.960]  I'm bar-greaving all five of them, right?
[01:52:57.960 --> 01:52:58.960]  Absolutely.
[01:52:58.960 --> 01:53:00.360]  They all had to do it.
[01:53:00.360 --> 01:53:10.200]  Because the ones who didn't say it had a duty to correct the one that did say it.
[01:53:10.200 --> 01:53:16.720]  They all got their snouts in the same trough.
[01:53:16.720 --> 01:53:17.720]  Right.
[01:53:17.720 --> 01:53:25.840]  So a conviction can't be pending because once that's the conviction, it's that...
[01:53:25.840 --> 01:53:29.080]  I hate to say the paper, because I don't have the paperwork in front of me, but once they
[01:53:29.080 --> 01:53:30.080]  hit that type of...
[01:53:30.080 --> 01:53:37.640]  Once they hit the paperwork, which finalizes the conviction, that's when it's in effect.
[01:53:37.640 --> 01:53:40.960]  But until then, it's not a order, it's nothing.
[01:53:40.960 --> 01:53:41.960]  Okay.
[01:53:41.960 --> 01:53:42.960]  Then...
[01:53:42.960 --> 01:53:43.960]  Then...
[01:53:43.960 --> 01:53:45.960]  It's ruling from the jury.
[01:53:45.960 --> 01:53:46.960]  Yeah.
[01:53:46.960 --> 01:53:53.920]  And that's not a minor technicality because is the jury going to assess punishment?
[01:53:53.920 --> 01:53:55.920]  No.
[01:53:55.920 --> 01:53:57.920]  Okay.
[01:53:57.920 --> 01:54:05.520]  If the judge or a jury finds you guilty and then assesses a punishment like they did me
[01:54:05.520 --> 01:54:14.600]  once, they found me guilty and the foreman said, we, the jury, assess a fine of $0.
[01:54:14.600 --> 01:54:20.280]  We assess a period of confinement in the county jail of zero days.
[01:54:20.280 --> 01:54:25.000]  That amounts to an acquittal.
[01:54:25.000 --> 01:54:33.200]  So if the judge assigned no punishment, then that amounts to an acquittal.
[01:54:33.200 --> 01:54:39.480]  So you can move for expungement so that the conviction, even though the jury ruled to
[01:54:39.480 --> 01:54:47.000]  convict, the judge can toss the convict, the ruling by the jury, maybe a jury was tainted
[01:54:47.000 --> 01:54:56.360]  or something, or you can get a jury ruling thrown out because it fails to reflect the
[01:54:56.360 --> 01:54:57.360]  evidence.
[01:54:57.360 --> 01:54:59.120]  There's a lot of reasons you can get the jury thing thrown out.
[01:54:59.120 --> 01:55:04.560]  So clearly this is not a final conviction.
[01:55:04.560 --> 01:55:05.560]  Right.
[01:55:05.560 --> 01:55:06.560]  Exactly.
[01:55:06.560 --> 01:55:07.560]  Exactly.
[01:55:07.560 --> 01:55:13.280]  It's not a final conviction because there's more stages to the trial which are critical.
[01:55:13.280 --> 01:55:22.040]  And all stages, all critical stages of trial need to be preceded for and protected by the
[01:55:22.040 --> 01:55:27.240]  person of liberty or right.
[01:55:27.240 --> 01:55:34.320]  Now once you notice the judge that the prosecutor lied, and the best way to do that is with
[01:55:34.320 --> 01:55:44.680]  a verified criminal complaint to the judge, now that would invoke the habeas corpus rule.
[01:55:44.680 --> 01:55:46.680]  On that case?
[01:55:46.680 --> 01:55:50.880]  I couldn't understand that.
[01:55:50.880 --> 01:55:52.600]  On that case?
[01:55:52.600 --> 01:55:55.600]  On that case, yes.
[01:55:55.600 --> 01:56:02.480]  Because he's holding you to a bond based on what the prosecutor told him and the prosecutor
[01:56:02.480 --> 01:56:04.840]  lied to him.
[01:56:04.840 --> 01:56:06.440]  So the bond's improper.
[01:56:06.440 --> 01:56:07.440]  Right.
[01:56:07.440 --> 01:56:13.280]  So your lawyer should move for a bond reduction.
[01:56:13.280 --> 01:56:17.440]  Well, that already happened.
[01:56:17.440 --> 01:56:20.400]  I understand that.
[01:56:20.400 --> 01:56:23.640]  $8,000.
[01:56:23.640 --> 01:56:29.960]  They should still move for a bond reduction to lower that amount in case they try to swallow
[01:56:29.960 --> 01:56:32.960]  your bond as a whole unless they swallow.
[01:56:32.960 --> 01:56:38.960]  And you should move for sanctions against the lawyer for lying to the judge.
[01:56:38.960 --> 01:56:42.960]  But attorney, I mean the DA.
[01:56:42.960 --> 01:56:43.960]  Okay.
[01:56:43.960 --> 01:56:44.960]  The DA, yeah.
[01:56:44.960 --> 01:56:51.720]  To move for sanctions, I guess on the court and then also.
[01:56:51.720 --> 01:56:57.360]  Move for sanctions against all of them.
[01:56:57.360 --> 01:57:02.600]  All of those lawyers, they all had a duty to correct this.
[01:57:02.600 --> 01:57:09.440]  So technically they all lied to the court.
[01:57:09.440 --> 01:57:13.040]  You want to put five lawyers in the courtroom at one time?
[01:57:13.040 --> 01:57:14.040]  It's good.
[01:57:14.040 --> 01:57:17.640]  We'll throw them all in the same heap.
[01:57:17.640 --> 01:57:19.640]  Okay.
[01:57:19.640 --> 01:57:22.880]  So we've got that covered.
[01:57:22.880 --> 01:57:30.640]  So, okay, I guess I'll just re-listen to that and we'll do it again, I think.
[01:57:30.640 --> 01:57:34.440]  I think those were the big issues that I wanted to bring up.
[01:57:34.440 --> 01:57:36.920]  But I knew that you had some kind of plan.
[01:57:36.920 --> 01:57:40.920]  I'm not really too skilled with it and I'm still getting information.
[01:57:40.920 --> 01:57:46.760]  So I think that's all I had to bring up at the moment to see if I was right.
[01:57:46.760 --> 01:57:50.200]  I think I'm pretty much on it.
[01:57:50.200 --> 01:57:53.560]  You've kind of dropped a big one on me today.
[01:57:53.560 --> 01:58:05.120]  This is interesting that the judge is required by statute to issue a habeas when he hasn't
[01:58:05.120 --> 01:58:12.800]  made known to him that a right of a detainee has been violated.
[01:58:12.800 --> 01:58:22.720]  And it looks like they've all acted in concert and collusion toward an ongoing criminal conspiracy
[01:58:22.720 --> 01:58:27.360]  to deprive citizens and pull free access to an enjoyment of the rights.
[01:58:27.360 --> 01:58:28.520]  This is one of my favorite subjects.
[01:58:28.520 --> 01:58:31.400]  They've got a huge habeas written on this subject.
[01:58:31.400 --> 01:58:33.880]  And I'll talk about it a little more when we come back.
[01:58:33.880 --> 01:58:35.080]  The call lines are open.
[01:58:35.080 --> 01:58:36.080]  512-646-1984.
[01:58:36.080 --> 01:58:37.080]  We'll be right back.
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