ROL_2018-01-19_16k_Hr3-4.timecode

[00:00.000 --> 00:08.120]  The following news flashes brought to you by The Lone Star Lowdown.
[00:08.120 --> 00:14.240]  Markets for Monday, the 8th of January, 2018, opened with gold at $1,320.02 an ounce, silver
[00:14.240 --> 00:22.640]  at $17.20 an ounce, Texas Crude at $61.44 a barrel, Bitcoin at $16,020.30, while Bitcoin
[00:22.640 --> 00:35.080]  cash is at $2,757.56, finally dash coins at $1,284.36, a crypto coin.
[00:35.080 --> 00:40.880]  Today in history, the year 1835, the United States government national debt is zero for
[00:40.880 --> 00:45.920]  the first time and presumably only time in the government's existence. Zero government
[00:45.920 --> 00:53.360]  debt today in history. In recent news, the president will undergo a two-hour physical
[00:53.360 --> 00:57.800]  exam which will include urine blood analysis, cardiac evaluation, and some more personal
[00:57.800 --> 01:02.600]  prying with sleeping habits and even his romantic life being discussed with the multi-administration
[01:02.600 --> 01:06.860]  presidential physician. It seems the president may be wanting to later rest the recent lineup
[01:06.860 --> 01:11.360]  of criticisms questioning his mental health and stability. Apparently some of the president's
[01:11.360 --> 01:16.040]  more recent tweets directed towards North Korea's Kim Jong-un and the author of the
[01:16.040 --> 01:19.920]  book Fire and Fury, Michael Wolfe, has many thinking that the president should perhaps
[01:19.920 --> 01:23.440]  be more articulate and less rash with his tweets.
[01:23.440 --> 01:30.160]  The U.S. District Court Judge Gloria Navarro dismissed cases against Nevada Rancher Clive
[01:30.160 --> 01:35.240]  and Bundy, two sons and a Montana militiaman today. Judge ruled that the government's lawyers
[01:35.240 --> 01:40.400]  suppressed footage from several cameras that were set up by the FBI around the Bundy's
[01:40.400 --> 01:44.440]  family home that would have been favorable in the defendant's case. When Mr. Bundy was
[01:44.440 --> 01:48.800]  released today Monday after leaving the courthouse, he told reporters that I've been a political
[01:48.800 --> 01:53.560]  prisoner for 700 days. He hadn't seen his wife for nearly two years due to the fact
[01:53.560 --> 01:57.720]  that he had refused any conditional release which required him to forfeit his trial by
[01:57.720 --> 02:01.440]  jury rights.
[02:01.440 --> 02:05.760]  Former Google engineer James DeMore filed a class action lawsuit against the Alphabet
[02:05.760 --> 02:10.360]  Corporation on Monday claiming that it discriminates against white men and those with conservative
[02:10.360 --> 02:15.640]  leaning views. DeMore was terminated for dismantling a memo essentially questioning the company's
[02:15.640 --> 02:21.160]  diversity policies. The suit is basically arguing that Google employees who express views deviating
[02:21.160 --> 02:26.640]  from corporate sentiments on politics and practices like diversity hiring policies by
[02:26.640 --> 02:32.640]  a sensitivity and social justice were singled out, mistreated, and systematically punished
[02:32.640 --> 02:34.400]  and terminated from Google.
[02:34.400 --> 02:38.360]  Google spokesman Tasha Parr sent a response that we look forward to defending against
[02:38.360 --> 02:45.360]  Mr. DeMore's lawsuit in court.
[03:08.360 --> 03:26.360]  Okay, we are back. Randy Kelton with our radio and we're going to Larry in Arizona. Hello,
[03:26.360 --> 03:31.360]  Larry. What do you have for us today?
[03:31.360 --> 03:42.360]  It's Laura. Laura? Oh, okay. Yes. Okay, go ahead.
[03:42.360 --> 03:58.360]  I filed an appeal on a traffic site that I got back in November and the state did not
[03:58.360 --> 04:09.360]  file an answering brief to remove an order from the magistrate that presided over the
[04:09.360 --> 04:20.360]  case and she has granted the state additional time to file the answering brief.
[04:20.360 --> 04:26.360]  They do that all the time. That's within the judge's discretion.
[04:26.360 --> 04:34.360]  Well, I found a rule that said under the Arizona rules of civil procedure saying that only the
[04:34.360 --> 04:40.360]  superior court can grant additional time, not the judge that presided over the case.
[04:40.360 --> 04:47.360]  The reason why she did this is because they forgot to forward my appeal to the prosecutor.
[04:47.360 --> 04:53.360]  Oh, wait a minute. Wait a minute. I think I misunderstood something.
[04:53.360 --> 05:01.360]  Are you saying that the appellate court wasn't the one that granted time but the trial court?
[05:01.360 --> 05:06.360]  Correct. Oh, my goodness. Oh, yeah.
[05:06.360 --> 05:15.360]  Oh, that is rich. That is official misconduct. That's criminal.
[05:15.360 --> 05:23.360]  And so I have already prepared while I was waiting to talk with you my objection to order.
[05:23.360 --> 05:31.360]  So I've got 11 points listed saying that anything from, you know, they've forwarded their time.
[05:31.360 --> 05:35.360]  She doesn't have the authority to do it. It's abuse of discretion.
[05:35.360 --> 05:40.360]  She's interfering with a matter in which her decision is being appealed.
[05:40.360 --> 05:46.360]  As opposed to saying I'm being held to a higher standard than the state.
[05:46.360 --> 05:48.360]  I'll follow those things.
[05:48.360 --> 05:53.360]  Did you file criminally against the judge?
[05:53.360 --> 05:54.360]  I'm sorry.
[05:54.360 --> 05:58.360]  Did you file criminal charges against the judge?
[05:58.360 --> 06:01.360]  No, I just picked this up in the mail this afternoon.
[06:01.360 --> 06:11.360]  Oh, okay. Well, you might consider that. It's one of the tactics that I've been using and I have found it very effective.
[06:11.360 --> 06:20.360]  Federal Judge McBride. He's over 90 years old. He's a judge in Fort Worth, Texas.
[06:20.360 --> 06:25.360]  He got my petition for declaratory judgment.
[06:25.360 --> 06:32.360]  The other side filed a rule 12 motion to dismiss for failure state of claim to judge dismissed with prejudice.
[06:32.360 --> 06:40.360]  I immediately filed criminal charges against him with the special agent in charge of the FBI in Dallas.
[06:40.360 --> 06:44.360]  And oh, that was so much fun.
[06:44.360 --> 06:52.360]  I filed a petition for declaratory judgment and they filed a rule 12 motion to dismiss what is wrong with that picture.
[06:52.360 --> 06:58.360]  The petition for declaratory judgment doesn't have any claims. That's the whole point.
[06:58.360 --> 07:05.360]  And Judge McBride dismissed it with prejudice for failure to state of claim.
[07:05.360 --> 07:09.360]  I read that as a crime.
[07:09.360 --> 07:18.360]  He denied me. He exerted a purported to exert an authority he did not express to have him in the process and died me in full free access to enjoyment right.
[07:18.360 --> 07:27.360]  Now, never mind that the same day he dismissed it, I filed a non suit.
[07:27.360 --> 07:33.360]  That's because the lawyer said that the judge should dismiss the case because Wells Fargo was not the lender.
[07:33.360 --> 07:39.360]  That was a stupid thing to do. They weren't the lender, but they were the agent for the lender.
[07:39.360 --> 07:43.360]  So a non suited to force collateral estoppel.
[07:43.360 --> 07:47.360]  He said he wasn't the lender. He'd never go back and say he was.
[07:47.360 --> 07:51.360]  Find out the judge dismissed with prejudice or file criminally against him.
[07:51.360 --> 08:05.360]  I've had about four or five people file my same petition for declaratory judgment in the federal court in Fort Worth and Judge McBride has not dismissed a single one of them.
[08:05.360 --> 08:10.360]  Criminal complaints work.
[08:10.360 --> 08:27.360]  It really got the judge's attention because all of a sudden his future is in the hands of a bunch of police officers and judges are really bad about hammering police officers.
[08:27.360 --> 08:35.360]  All of a sudden the police officers have the judges career in their hands.
[08:35.360 --> 08:40.360]  And this one, Laura, this one's perfect.
[08:40.360 --> 08:52.360]  Absolutely clear that once you file notice of appeal jurisdiction in that court ended that instant and the judge cannot be ignorant of this fact.
[08:52.360 --> 08:55.360]  That's about as blatant as it could get.
[08:55.360 --> 09:00.360]  What do you know about the grand jury system in Arizona?
[09:00.360 --> 09:02.360]  Nothing.
[09:02.360 --> 09:05.360]  Oh, you need to do a little work on that.
[09:05.360 --> 09:09.360]  Now, with that said,
[09:09.360 --> 09:14.360]  where it doesn't help much to get public officials indicted.
[09:14.360 --> 09:18.360]  Not all Pastor Massey really grinds on me about that.
[09:18.360 --> 09:23.360]  I file against public officials and I never really want them indicted.
[09:23.360 --> 09:29.360]  You know, I think of my public officials the way I do my grandkids.
[09:29.360 --> 09:31.360]  I love them dearly.
[09:31.360 --> 09:37.360]  But if one of them runs out in the road, I'm fixing to hand his hide.
[09:37.360 --> 09:39.360]  So we don't really know.
[09:39.360 --> 09:43.360]  I don't care to ruin somebody's career.
[09:43.360 --> 09:47.360]  What I really want to do is get their attention.
[09:47.360 --> 09:56.360]  And when you start with when you and I, the pro se litigants who are now 20% of the courts.
[09:56.360 --> 10:00.360]  When we start filing criminal charges against judges.
[10:00.360 --> 10:04.360]  We're going to change the whole landscape.
[10:04.360 --> 10:09.360]  Lawyers never challenge judges because all the judge has to do is jerk his bar card.
[10:09.360 --> 10:12.360]  He can sanction him for anything he wants to.
[10:12.360 --> 10:19.360]  Judges, every lawyer walks into a courtroom, walks in there dangling by his bar card.
[10:19.360 --> 10:23.360]  I had a lawyer in court ask me, Mr. Peltier, you're an attorney.
[10:23.360 --> 10:25.360]  Oh, no, no, no.
[10:25.360 --> 10:28.360]  I sleep well at night and keep my hands in my own pockets.
[10:28.360 --> 10:30.360]  Very much.
[10:30.360 --> 10:34.360]  And just for your edification, I am not here dangling by my bar card.
[10:34.360 --> 10:39.360]  And that was for the judges edification.
[10:39.360 --> 10:43.360]  And we need to take this attitude.
[10:43.360 --> 10:50.360]  So you might have a look into grand jury system.
[10:50.360 --> 10:54.360]  You don't really need to get to the grand jury.
[10:54.360 --> 10:57.360]  Prosecutor, police, everybody's going to do everything they can.
[10:57.360 --> 11:01.360]  To keep you from getting to the grand jury.
[11:01.360 --> 11:03.360]  And that's wonderful.
[11:03.360 --> 11:05.360]  I love it when they do that.
[11:05.360 --> 11:10.360]  Because I take it to the prosecutor or take the police first and they refuse to act on it.
[11:10.360 --> 11:12.360]  And then I take it the problem.
[11:12.360 --> 11:14.360]  The first thing they're going to do is they're going to call these judges.
[11:14.360 --> 11:16.360]  I got somebody down here trying to get me to arrest you.
[11:16.360 --> 11:19.360]  And then I take the prosecutor and the prosecutor is going to call them and say,
[11:19.360 --> 11:23.360]  I got somebody down here trying to get me to arrest you.
[11:23.360 --> 11:30.360]  And then when the prosecutor refuses to act, you go to the highest level judge.
[11:30.360 --> 11:33.360]  It's probably a district judge in most states.
[11:33.360 --> 11:40.360]  You go to some district judge and bushwhack him with these criminal complaints in his capacity as a magistrate.
[11:40.360 --> 11:42.360]  And he's not going to want to take them.
[11:42.360 --> 11:48.360]  He's going to say, oh, well, Miss Laura, you really need to take these to the police department.
[11:48.360 --> 11:50.360]  Well, thank you very much, judge.
[11:50.360 --> 11:56.360]  You go to the police department then with criminal charges against this judge.
[11:56.360 --> 12:03.360]  And everybody's going to be calling back to the original judge saying, what in the world did you stir up?
[12:03.360 --> 12:07.360]  The end of the day, it's all political.
[12:07.360 --> 12:19.360]  And you, as the pros say, are by far the most politically powerful individual in the building.
[12:19.360 --> 12:21.360]  Everybody works for you.
[12:21.360 --> 12:25.360]  They forget that at their peril.
[12:25.360 --> 12:30.360]  So traffic court judge deny an appeal.
[12:30.360 --> 12:36.360]  Oh, you know, most people when judges do dumb stuff like this, they get all upset.
[12:36.360 --> 12:44.360]  When I'm in court, judges get confused because I don't get upset when they do dumb stuff.
[12:44.360 --> 12:48.360]  I struggle not to be grinning at them.
[12:48.360 --> 12:54.360]  Because when they do dumb stuff, they give me an opportunity to really work them over.
[12:54.360 --> 12:57.360]  Okay, I kind of bushwrecked you.
[12:57.360 --> 13:01.360]  I just kind of my favorite subject, so I apologize if I bushwrecked you.
[13:01.360 --> 13:12.360]  Did you have another question that will address where you wanted to go here as opposed to where I would like to see you go?
[13:12.360 --> 13:22.360]  Well, I've got my objection to her order ready to file Monday morning.
[13:22.360 --> 13:24.360]  And I'm just wondering what else I should do.
[13:24.360 --> 13:28.360]  I'm not sure if I wanted to file a criminal charges against her.
[13:28.360 --> 13:30.360]  Do I go to the police department and file a criminal charges against her?
[13:30.360 --> 13:31.360]  Wait a minute.
[13:31.360 --> 13:32.360]  Wait a minute.
[13:32.360 --> 13:36.360]  Where did she file this order at?
[13:36.360 --> 13:44.360]  Where did she file this with?
[13:44.360 --> 13:45.360]  Wait a minute.
[13:45.360 --> 13:48.360]  Let me tell you why I'm asking this.
[13:48.360 --> 13:55.360]  Her court clearly has no jurisdiction.
[13:55.360 --> 14:01.360]  So if she filed it in her court, it would have no meaning.
[14:01.360 --> 14:07.360]  If there are possibilities, she filed this in the appellate court record.
[14:07.360 --> 14:11.360]  It is absolutely possible.
[14:11.360 --> 14:19.360]  Woo, we have had a judge, one that prosecuted me in Cherokee County for filing criminal charges against him.
[14:19.360 --> 14:28.360]  He was hearing a family law case and bonking the wife.
[14:28.360 --> 14:31.360]  So he's ruling in her favor every time.
[14:31.360 --> 14:34.360]  They get it removed to another county.
[14:34.360 --> 14:39.360]  And this judge is not bonking the wife, so he's not ruling in her favor at every turn.
[14:39.360 --> 14:46.360]  The original judge went to the other court and filed an order in that court.
[14:46.360 --> 14:50.360]  Needless to say, the sky fell on him.
[14:50.360 --> 14:55.360]  This sounds like you have a judge.
[14:55.360 --> 14:59.360]  Is this a municipal court judge?
[14:59.360 --> 15:03.360]  Yes, she is a municipal court magistrate.
[15:03.360 --> 15:05.360]  Oh my goodness.
[15:05.360 --> 15:09.360]  This is insane.
[15:09.360 --> 15:16.360]  These judges get so, and lawyers primarily, get so confident in their corruption.
[15:16.360 --> 15:20.360]  They think they can do almost anything.
[15:20.360 --> 15:24.360]  But this is kind of insane.
[15:24.360 --> 15:34.360]  This is a really big time problem, tampering with the government document, official oppression, impersonating a public official.
[15:34.360 --> 15:37.360]  There's lots of criminal acts in here.
[15:37.360 --> 15:42.360]  And not to mention the court that you're appealing to.
[15:42.360 --> 15:53.360]  That court is not likely to be happy with this inferior court judge issuing orders in the other judges case.
[15:53.360 --> 16:01.360]  I would say you got lots of avenue here for politics.
[16:01.360 --> 16:11.360]  When the trial, when the appellate court judge, I'd say in Arizona, do you appeal from a municipal to a county level court?
[16:11.360 --> 16:13.360]  Or to a district level.
[16:13.360 --> 16:18.360]  You go from it's municipal to superior.
[16:18.360 --> 16:23.360]  Okay, what is superior, superior, the highest court in the district?
[16:23.360 --> 16:24.360]  Let me explain.
[16:24.360 --> 16:32.360]  In Texas, we've got a, you got the inferior courts, municipal and JP, and then you've got county and district.
[16:32.360 --> 16:35.360]  District does felonies, county does misdemeanors.
[16:35.360 --> 16:43.360]  When we come back, we'll address, which make sure we understand which one it is because New York's lowest court, they call us the Supreme Court.
[16:43.360 --> 16:45.360]  So it's confusing.
[16:45.360 --> 16:50.360]  Randy Kelton, rule of law radio, we'll be right back.
[16:50.360 --> 17:00.360]  Okay, but he wants to know what level superior court is.
[17:00.360 --> 17:01.360]  Dang, Cookie.
[17:01.360 --> 17:02.360]  Cookie?
[17:02.360 --> 17:03.360]  Me love cookies.
[17:03.360 --> 17:04.360]  Oh, hi, Cookie Munchers.
[17:04.360 --> 17:06.360]  No, these are yucky cookies.
[17:06.360 --> 17:07.360]  Cookie?
[17:07.360 --> 17:08.360]  Yucky?
[17:08.360 --> 17:09.360]  No, no bad cookies.
[17:09.360 --> 17:11.360]  You can't even eat these cookies.
[17:11.360 --> 17:12.360]  These are cyber cookies.
[17:12.360 --> 17:13.360]  No candy?
[17:13.360 --> 17:17.360]  No, they are cyber cookies and they clog up your computer.
[17:17.360 --> 17:18.360]  These have apples.
[17:18.360 --> 17:19.360]  Really?
[17:19.360 --> 17:21.360]  Oh, that's an actual apple.
[17:21.360 --> 17:23.360]  Yummy apple.
[17:23.360 --> 17:27.360]  I'm going to throw away these yucky cookies in the trash.
[17:27.360 --> 17:33.360]  I click control, shift, delete, and then scroll down to cookies and clear them.
[17:33.360 --> 17:35.360]  Bye bye, yucky cookies.
[17:35.360 --> 17:47.360]  And I go to logosradionetwork.com and I click on the Amazon box on the upper right-hand side, bookmark the link, and I can go to Amazon through this link and order you some yummy new cookie.
[17:47.360 --> 17:48.360]  New cookies?
[17:48.360 --> 17:49.360]  For me?
[17:49.360 --> 17:51.360]  Consider it an early Christmas present.
[17:51.360 --> 17:57.360]  And every time I order on Amazon, I go through this link and I give a little present to this radio network too.
[17:57.360 --> 17:58.360]  These are cookies.
[17:58.360 --> 18:00.360]  These are classified.
[18:00.360 --> 18:05.360]  Are you being harassed by debt collectors with phone calls, letters, or even losses?
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[18:21.360 --> 18:24.360]  What to do when contacted by phones, mail, or court summons?
[18:24.360 --> 18:26.360]  How to answer letters and phone calls?
[18:26.360 --> 18:29.360]  How to get debt collectors out of your credit report?
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[18:41.360 --> 18:49.360]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner or email MichaelMears at yahoo.com.
[18:49.360 --> 18:57.360]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[18:57.360 --> 19:01.360]  To learn how to stop debt collectors next.
[19:01.360 --> 19:05.360]  You are listening to the Logos Radio Network.
[19:05.360 --> 19:10.360]  LogosRadioNetwork.com
[19:10.360 --> 19:14.360]  Well, don't let nothing get to you.
[19:14.360 --> 19:17.360]  Only the father can deliver you.
[19:17.360 --> 19:20.360]  Don't let bad-mined people hurt you.
[19:20.360 --> 19:23.360]  Until safe and good behind you.
[19:23.360 --> 19:28.360]  Norman, my friend, and all our judges.
[19:28.360 --> 19:53.360]  Don't stand behind me, friend. Telling you a problem, man.
[19:53.360 --> 19:58.360]  He's everything. He's everything to me. That's what I call him.
[19:58.360 --> 20:01.360]  Don't tell me me and me pray to him.
[20:01.360 --> 20:04.360]  Because he's the only one could answer me.
[20:04.360 --> 20:07.360]  They know business, what we can man say in.
[20:07.360 --> 20:09.360]  Man can't you know if there's bleeding.
[20:09.360 --> 20:10.360]  There's gonna be a choice.
[20:10.360 --> 20:16.360]  It's not like me, friend.
[20:16.360 --> 20:18.360]  Okay, we are back.
[20:18.360 --> 20:20.360]  Randy Kelton, rule of law radio.
[20:20.360 --> 20:24.360]  I apologize for the delay there. I lost my producer.
[20:24.360 --> 20:28.360]  I haven't run the board myself and my software crashed.
[20:28.360 --> 20:31.360]  But I got it back up. We're good.
[20:31.360 --> 20:36.360]  And we're talking to Laura in Arizona.
[20:36.360 --> 20:39.360]  Okay, Laura. Where were we?
[20:39.360 --> 20:45.360]  You have a judge that granted a continuance to the state.
[20:45.360 --> 20:50.360]  Have you crafted a summary judgment motion?
[20:50.360 --> 20:53.360]  No, I have not, but I can.
[20:53.360 --> 20:58.360]  Okay, look at the summary judgment rules.
[20:58.360 --> 21:05.360]  This goes to the motion to dismiss that you've crafted will be a summary judgment motion,
[21:05.360 --> 21:09.360]  whether you titled it summary judgment or not.
[21:09.360 --> 21:13.360]  The title you put on a motion is not controlling.
[21:13.360 --> 21:15.360]  Substance is controlling.
[21:15.360 --> 21:24.360]  So this calls for summary judgment since the other side has effectively stipulated to all your arguments.
[21:24.360 --> 21:30.360]  They stand without, they come before the court without standing.
[21:30.360 --> 21:41.360]  So look at the rules for summary judgment and make sure that the motion that you have meets the requirements for summary judgment.
[21:41.360 --> 21:44.360]  Okay.
[21:44.360 --> 21:47.360]  And then make sure you clobber that judge.
[21:47.360 --> 22:01.360]  Whenever I do this, one of the things I do in my pleading is I try to write my pleadings in a way that will annoy the judge at the other side.
[22:01.360 --> 22:13.360]  So apparently the municipal court is not too concerned about this court's opinion or this court's authority.
[22:13.360 --> 22:17.360]  When we went out, we were talking about the level of the court.
[22:17.360 --> 22:29.360]  Okay, the superior court in Arizona, is that the court that handles felonies?
[22:29.360 --> 22:34.360]  I mean, is there a higher court than the superior court?
[22:34.360 --> 22:42.360]  Well, there is, there's the court of appeals in Arizona and the superior court is below.
[22:42.360 --> 22:44.360]  Just, okay.
[22:44.360 --> 22:51.360]  So in New York state, the lowest court is called the Supreme Court.
[22:51.360 --> 22:53.360]  And then you go up to district court.
[22:53.360 --> 23:05.360]  In most states, you have inferior courts, JP and municipal, then you have a county level court, then you have a district level court.
[23:05.360 --> 23:17.360]  So the superior court in Arizona will be analogous to a district level courts, the highest court before you leave the county and go to the court of appeals.
[23:17.360 --> 23:30.360]  These judges, if you've never been before them, most people who go before municipal courts see judges that are cranking cantankerous and very difficult to deal with.
[23:30.360 --> 23:35.360]  It's a whole different ballgame when you get up into these higher level courts.
[23:35.360 --> 23:46.360]  They deal with more sophisticated issues, more, you know, the crimes they commit and they prosecute, you know, put really disrupt people's lives.
[23:46.360 --> 23:51.360]  So there are a lot more professional, a lot more careful.
[23:51.360 --> 23:58.360]  And they tend to be somewhat jealous of their position and authority.
[23:58.360 --> 24:09.360]  When you go into this superior court, and he finds that he's got a local municipal judge stepping on his authority.
[24:09.360 --> 24:23.360]  If you present it to him right, he may well be inclined to let this municipal court know that the superior court is really more important than you.
[24:23.360 --> 24:26.360]  You need to pay attention to us.
[24:26.360 --> 24:33.360]  And if that were you, Laura, and you were the judge, how would you do that?
[24:33.360 --> 24:37.360]  Go ahead.
[24:37.360 --> 24:42.360]  I would slap her. Yeah, I'd slap her down.
[24:42.360 --> 24:47.360]  I mean, she's stepping on the higher court's authority.
[24:47.360 --> 24:56.360]  Yeah, and you'll, the higher courts look at the lower courts similar to the way I look at my public officials.
[24:56.360 --> 25:07.360]  We have people kind of preach to a clientele here who's disaffected from the system and they tend to be upset and angry at the courts.
[25:07.360 --> 25:11.360]  And a lot of times they miss what these courts are really doing.
[25:11.360 --> 25:21.360]  For the most part, when you file a motion or a pleading, the judge in his response is going to try to instruct you.
[25:21.360 --> 25:28.360]  He's going to tell you what you did wrong and how to fix it if you pay attention to his rulings.
[25:28.360 --> 25:33.360]  And I expect that that's exactly what this judge will do to that municipal court judge.
[25:33.360 --> 25:44.360]  He's not going to really beat her up to beat the judge up too bad, but he is going to smack her down and let her know, I don't know if she's a female or not,
[25:44.360 --> 25:52.360]  that the judge know not to do this kind of stuff in the future, so that should be interesting.
[25:52.360 --> 26:00.360]  And you might consider asking for sanctions against this judge.
[26:00.360 --> 26:10.360]  In a lot of cases where you've been harmed, the judge can't give you sanctions for that harm unless you ask for it.
[26:10.360 --> 26:14.360]  So you had to prepare these pleadings and file them with the court.
[26:14.360 --> 26:18.360]  That took time. Time is money.
[26:18.360 --> 26:28.360]  So you might ask for sanctions and ask the court to pay your cost of having to file this motion.
[26:28.360 --> 26:36.360]  You're probably not going to get it, but the other, the judge has to be concerned that you will.
[26:36.360 --> 26:42.360]  I'm out of the judge's pocket.
[26:42.360 --> 26:46.360]  Okay, Laura. Laura, are you the teacher?
[26:46.360 --> 26:48.360]  Yep.
[26:48.360 --> 26:52.360]  I thought so. Okay, good, a little good research.
[26:52.360 --> 26:56.360]  Do some research on sanctions.
[26:56.360 --> 27:03.360]  Especially sanctions against the lower court judge, if you can find something specific on that.
[27:03.360 --> 27:09.360]  And this reminds the district court of the tools he has to keep these lower courts in line.
[27:09.360 --> 27:14.360]  And a lot of this will depend on his opinion of the lower courts.
[27:14.360 --> 27:21.360]  Generally, the judges have a real low opinion of inferior courts.
[27:21.360 --> 27:24.360]  Because they're the ones that are the real deal.
[27:24.360 --> 27:32.360]  And these inferior courts, they can get a guy just out of law school and hire him as a judge, and they don't know anything.
[27:32.360 --> 27:43.360]  So you may give the judge a real good opportunity to instruct these lower courts.
[27:43.360 --> 27:55.360]  So I'm kind of, I'm trying to keep from chuckling here because I really like it when they screw up and have this rule never interfere with somebody when they're screwing up.
[27:55.360 --> 28:05.360]  Okay. Now, I've got a question. I've got a question about my, when I filed these, either my motion for summary judgment or my objection here.
[28:05.360 --> 28:14.360]  Because the magistrate's court no longer because, sorry, because the municipal court no longer has jurisdiction.
[28:14.360 --> 28:19.360]  Do I file my paperwork now directly with Superior Court?
[28:19.360 --> 28:25.360]  Oh, yeah, you don't even talk to this court anymore. They're out there. They're toast. They're out of it.
[28:25.360 --> 28:30.360]  So yeah, yeah, you filed directly with Superior Court.
[28:30.360 --> 28:32.360]  Okay.
[28:32.360 --> 28:42.360]  But that's amazing that this municipal judge would file such a document in a Superior Court record.
[28:42.360 --> 28:45.360]  It must be brain dead.
[28:45.360 --> 29:01.360]  When you described the personality found among the magistrates and judges in the lower court, you described this particular individual to a T.
[29:01.360 --> 29:09.360]  Well, it's not because I'm smart. It's because I've been beat up by them so much.
[29:09.360 --> 29:18.360]  I used to be beat up by them. Now I get to use that to my advantage, but that is such a common state of mind.
[29:18.360 --> 29:23.360]  What part of it is understand where the judge lives.
[29:23.360 --> 29:30.360]  The judge comes into court and he has one person after the next, after the next, after the next, after the next.
[29:30.360 --> 29:36.360]  Coming in with the same complaints and arguments and they have no idea how to make their arguments.
[29:36.360 --> 29:42.360]  And the judge gets frustrated, gets tired of hearing it, and they get callous.
[29:42.360 --> 29:47.360]  Every once in a while they need to come across someone like you who's gonna sting them good.
[29:47.360 --> 29:51.360]  Hang on. Got to go to break. Randy Kelton. Real Law Radio.
[29:51.360 --> 29:57.360]  Call in number 512-646-1984. We'll be right back.
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[32:10.360 --> 32:13.360]  then we're going to have to stand and defend our own rights.
[32:13.360 --> 32:17.360]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity,
[32:17.360 --> 32:20.360]  and most importantly, the right to due process of law.
[32:20.360 --> 32:25.360]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
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[32:41.360 --> 32:45.360]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law vs. the Lie,
[32:45.360 --> 32:48.360]  video and audio of the original 2009 seminar.
[32:48.360 --> 32:51.360]  Hundreds of research documents and other useful resource material.
[32:51.360 --> 32:55.360]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
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[33:36.360 --> 33:41.360]  We are back. Randy Kelton, Rule of Law Radio.
[33:41.360 --> 33:45.360]  We're talking to Laura in Arizona.
[33:45.360 --> 33:49.360]  I do need to move along Laura. Do we have anything else I need to address?
[33:49.360 --> 33:52.360]  No, I think I'm good on this.
[33:52.360 --> 33:57.360]  We just wondered, we ordered your e-book last night and was wondering when we might even receive it.
[33:57.360 --> 34:02.360]  Oh, I'll get ahold of Debra. She's pretty good about sending that.
[34:02.360 --> 34:12.360]  And since you are a teacher, you know, I put this e-book together under a lot of stress and was in a hurry and it needs work.
[34:12.360 --> 34:17.360]  Could I possibly give you to rip that to shreds for me?
[34:17.360 --> 34:20.360]  Sure.
[34:20.360 --> 34:26.360]  Tell me where I'm wrong, where I've got typos and grammatical errors.
[34:26.360 --> 34:31.360]  I was supposed to get back to it earlier, but with all the stuff I'm doing, I hadn't been able to.
[34:31.360 --> 34:38.360]  But I really need to address that. That was a compilation of about 30 years worth of work and research.
[34:38.360 --> 34:48.360]  So, down toward the end there, it needs a lot of work and I'd appreciate any feedback and never spare my feelings.
[34:48.360 --> 34:52.360]  I like good criticism.
[34:52.360 --> 34:54.360]  I'd be glad to.
[34:54.360 --> 34:56.360]  Well, thank you very much.
[34:56.360 --> 35:01.360]  Okay, now we're going to go to Adam in Texas.
[35:01.360 --> 35:03.360]  Hello, Adam.
[35:03.360 --> 35:06.360]  What do you have for us today?
[35:06.360 --> 35:13.360]  Oh, there was a traffic accident.
[35:13.360 --> 35:21.360]  Well, officers showed up or whatever and then there was criminal complaint files for negligent homicide.
[35:21.360 --> 35:22.360]  Can it...
[35:22.360 --> 35:27.360]  Hold on, hold on. Move the mic a little away from your mouth. You're booming into the mic.
[35:27.360 --> 35:28.360]  Is that better?
[35:28.360 --> 35:31.360]  That's better.
[35:31.360 --> 35:40.360]  Can DPS officers and county deputies be considered expert witnesses at the trial?
[35:40.360 --> 35:44.360]  Well, they're witnesses.
[35:44.360 --> 35:49.360]  Granted, they're specifically experts. It depends on the specific training.
[35:49.360 --> 35:59.360]  Like, if you have a DPS officer who's specifically trained as a DOT inspector, then yes, in that limited degree.
[35:59.360 --> 36:09.360]  So, what is the nature of the expertise that the officer claimed?
[36:09.360 --> 36:16.360]  Well, I guess I would know the answer to that question. To me, it seems I don't think any of them could be an expert.
[36:16.360 --> 36:23.360]  No, no. What did they claim? Did they present themselves as an expert witness?
[36:23.360 --> 36:30.360]  No, the prosecutor entered in a... I guess it would be a part of the discovery, but he entered...
[36:30.360 --> 36:38.360]  He's claiming that all standard officers that showed up asked for the fact they're all expert witnesses, not D3, DPS, and four county deputies.
[36:38.360 --> 36:41.360]  They're all, according to him, he's an international expert.
[36:41.360 --> 36:44.360]  Oh, wonderful.
[36:44.360 --> 36:49.360]  You want a Dahlberg's hearing on each one?
[36:49.360 --> 36:51.360]  A Dahlberg's hearing.
[36:51.360 --> 36:56.360]  The A-U-B-E-R-T-S Dahlberg's hearing.
[36:56.360 --> 37:04.360]  Oh, that is so good. You'll break that prosecutor from calling his police officers an expert witnesses.
[37:04.360 --> 37:09.360]  Yeah, I mean, I'm trying to have you as an expert witness.
[37:09.360 --> 37:20.360]  A Dahlberg's hearing is a hearing for the purpose of testing the veracity or the qualifications of an expert witness.
[37:20.360 --> 37:21.360]  Okay.
[37:21.360 --> 37:24.360]  So, you want a Dahlberg's hearing?
[37:24.360 --> 37:26.360]  DPS.
[37:26.360 --> 37:28.360]  Oh, definitely.
[37:28.360 --> 37:39.360]  On DPS, what authority does the Department of Public Safety have to enforce the criminal laws?
[37:39.360 --> 37:43.360]  I just asked one that day before yesterday.
[37:43.360 --> 37:44.360]  Yeah.
[37:44.360 --> 37:54.360]  You know, we're certified peace officers that understand you're certified peace officers, but you were employed as a member of the Texas Highway Patrol.
[37:54.360 --> 38:10.360]  And under the Texas administrative code, the Highway Patrol, where the Highway Patrol is created, the code says that the Department of Public Safety shall not enforce the criminal laws.
[38:10.360 --> 38:20.360]  Except by the request of local law enforcement, by the request of and under the direction of local law enforcement.
[38:20.360 --> 38:34.360]  So, since that statute forbids you to enforce the criminal laws, how do you get authority to enforce them? Where is your request from local law enforcement?
[38:34.360 --> 38:39.360]  And they'll set that looking at you with this blank stare.
[38:39.360 --> 38:45.360]  They'll remove the court to strike this officer as an expert witness.
[38:45.360 --> 38:57.360]  Sheriff's deputy, where is it? Please show the court your authority to enforce the Texas Transportation Code.
[38:57.360 --> 38:58.360]  Right.
[38:58.360 --> 39:10.360]  That's contained. Ask the officer. He's not going to know. Then ask him, are you familiar with Texas Transportation Code 701.001?
[39:10.360 --> 39:15.360]  He's going to say, no, well, let me familiarize you with it then.
[39:15.360 --> 39:34.360]  It says that the county commissioners court can appoint up to five sheriff's deputies as traffic control officers, but the county commissioners court must pay them out of the county commissioners court funds, and they must add motorcycles.
[39:34.360 --> 39:38.360]  Do you have a motorcycle? That should be the first question you asked.
[39:38.360 --> 39:42.360]  Were you riding a motorcycle?
[39:42.360 --> 39:50.360]  Move to strike them as an expert witness. They have no idea what they're doing.
[39:50.360 --> 39:58.360]  But other than that, they don't need to be expert witnesses to be witnesses. So, at the end of the day, it won't make much difference.
[39:58.360 --> 40:13.360]  Well, none of them saw the traffic accident and I don't know how they could witness anything, much as being an expert on it. I mean, they just don't get up there and say, yeah, from what we could tell, you did it. I mean, they couldn't. It's not possible.
[40:13.360 --> 40:21.360]  If he named them as expert witnesses, then you need to file a request for the nature of their expertise.
[40:21.360 --> 40:27.360]  Right. And request a Dalbert's hearing and see how that works for them.
[40:27.360 --> 40:30.360]  Okay.
[40:30.360 --> 40:47.360]  Another case of my buddy, he got a speeding ticket in a little town over here in Texas, and we got going on it, and we went and filed any special appearance and, you know, attachments with, you know, an objection around robbing.
[40:47.360 --> 40:53.360]  Declination to plead. Just, you know, the first little round of stuff and they called us.
[40:53.360 --> 40:57.360]  Did you file a Brady motion?
[40:57.360 --> 41:00.360]  No, sir. We didn't do any discovery.
[41:00.360 --> 41:06.360]  Demand for a examining trial?
[41:06.360 --> 41:13.360]  No, I don't, yeah, I know that none of that was in that first special appearance, but it was just a jurisdiction, all that good stuff.
[41:13.360 --> 41:28.360]  Go to trafficticket.website, fill in the information. As soon as you submit the ticket information, you'll get a list of documents, download those, and look them over and see which ones you want to send.
[41:28.360 --> 41:35.360]  Did you file a criminal complaint, I mean, a T closed complaint against the officer?
[41:35.360 --> 41:37.360]  No, not yet.
[41:37.360 --> 41:43.360]  Did you file a first degree felony aggravated assault against the officer?
[41:43.360 --> 41:44.360]  No.
[41:44.360 --> 41:54.360]  You'll like these, download all these, and look at them because some of them will be the same as what Eddie does, address the same issues.
[41:54.360 --> 41:58.360]  Did you file a special appearance, I take it?
[41:58.360 --> 42:02.360]  Yeah, we did the special appearance.
[42:02.360 --> 42:07.360]  Good. I've just got a few in there that aren't in Eddie's stack.
[42:07.360 --> 42:08.360]  Okay.
[42:08.360 --> 42:20.360]  And I'll keep adding to them more fun and games. One of the ones I want to get added to it is a petition for declaratory judgment to the district court.
[42:20.360 --> 42:25.360]  Cost you 15 bucks to file a petition for declaratory judgment in Texas.
[42:25.360 --> 42:38.360]  And it goes in the district court. You get to drag the municipal court into the district court and force them to have to explain to a district court their position.
[42:38.360 --> 42:39.360]  Yeah.
[42:39.360 --> 42:42.360]  That'll be so much fun.
[42:42.360 --> 42:50.360]  So we've already gone through the pre-trial motions here. Is it too late to file discovery, the registered discovery?
[42:50.360 --> 42:56.360]  Or did you file a challenge to subject matter jurisdiction? No, it's not too late to file a discovery.
[42:56.360 --> 43:01.360]  Yeah, the challenge to subject matter jurisdiction is all in Eddie's special appearance.
[43:01.360 --> 43:02.360]  Good.
[43:02.360 --> 43:07.360]  Okay. Did they rule on that?
[43:07.360 --> 43:15.360]  Yeah, the judge, oh yeah, another question is, is the judge required to read the pleadings before the motions hearing?
[43:15.360 --> 43:20.360]  Or does he not even have to read them?
[43:20.360 --> 43:24.360]  Oh, no, he has to rule on every issue.
[43:24.360 --> 43:31.360]  A trial court has no discretion in determining what the law is or applying the law to the facts.
[43:31.360 --> 43:44.360]  Thus a clear failure by the trial court to analyze or apply the law correctly will constitute an abusive discretion and may result in a pellet reversal by extraordinary writ.
[43:44.360 --> 43:53.360]  I suggest that you look at preparing a writ of mandamus to the county court, and the county court is the one that can do this.
[43:53.360 --> 44:00.360]  And if the judge, if the county judge doesn't think he can, tell him to look in his county court.
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[46:22.360 --> 46:43.360]  Okay, we are back.
[46:43.360 --> 46:46.360]  Randy Kelton, Rule of Law Radio.
[46:46.360 --> 46:53.360]  I'm making sure my sounds are fading out, and we're talking to Adam in Texas.
[46:53.360 --> 46:57.360]  Okay, I kind of ran off the cliff there at the end.
[46:57.360 --> 46:59.360]  Where were we, Adam?
[46:59.360 --> 47:03.360]  Oh, just getting into the judge.
[47:03.360 --> 47:06.360]  It was, you know, obvious that he never even read any of the pleadings.
[47:06.360 --> 47:13.360]  He had a couple of months, and then the prosecutor, the defendant kind of talking back
[47:13.360 --> 47:16.360]  and forth with the prosecutor, the prosecutor came out finally and said,
[47:16.360 --> 47:21.360]  well, the judge seems to be, because the judge kept acting like this was the first time he,
[47:21.360 --> 47:24.360]  you know, even read, and he kept acting like he just didn't understand,
[47:24.360 --> 47:29.360]  and the defendant, you know, objected the oral argument, because, you know, he's not all there.
[47:29.360 --> 47:34.360]  And then he got the prosecutor to say, well, basically, you know,
[47:34.360 --> 47:38.360]  his pleadings are challenges to jurisdiction, and I could, the prosecutor says,
[47:38.360 --> 47:45.360]  and I could, you know, you know, refuse them all in just a brief statement,
[47:45.360 --> 47:50.360]  but, you know, I'll be happy to, you know, submit a response in writing that they're agreed,
[47:50.360 --> 47:54.360]  and then the judge steps in and said, no, that's all right, Mr. Prosecutor.
[47:54.360 --> 47:56.360]  We don't need to do any of that.
[47:56.360 --> 47:58.360]  I mean, isn't there something wrong with that?
[47:58.360 --> 48:02.360]  Do you have the right for the prosecution to respond in writing to your pleadings?
[48:02.360 --> 48:08.360]  No, not that I know of. I can't find anything that requires the prosecutor to respond,
[48:08.360 --> 48:15.360]  and it is within the discretion of the judge to do a suesponte dismissal.
[48:15.360 --> 48:23.360]  Okay, so however, however, if the judge, what you should do is file a petition
[48:23.360 --> 48:27.360]  for findings of fact and conclusions of law.
[48:27.360 --> 48:30.360]  Okay, that makes an answer.
[48:30.360 --> 48:38.360]  It doesn't make them, but it gives them a duty and gives you the opportunity to apply
[48:38.360 --> 48:42.360]  Jochim v. Chambers.
[48:42.360 --> 48:49.360]  A trial court has no discretion in determining what the law is or applying the law to the facts.
[48:49.360 --> 48:53.360]  If he fails to do so, he's denied you in due process,
[48:53.360 --> 49:01.360]  and like I told Laura earlier, you should file criminal charges against him.
[49:01.360 --> 49:07.360]  You will never win your case simply because you have the law and the facts on your side to think so is naive.
[49:07.360 --> 49:10.360]  So that was called the official oppression?
[49:10.360 --> 49:15.360]  Okay, you will win your case if you have the politics on your side and you are exactly right.
[49:15.360 --> 49:20.360]  That's official oppression, and it's a class A misdemeanor in Texas.
[49:20.360 --> 49:28.360]  And when you take that to the grand jury, what county are you in?
[49:28.360 --> 49:31.360]  Big County, Small County.
[49:31.360 --> 49:33.360]  Small County.
[49:33.360 --> 49:35.360]  Okay, Small County.
[49:35.360 --> 49:42.360]  Call down to the district attorney's office and ask about the grand jury.
[49:42.360 --> 49:45.360]  How many times a month does the grand jury meet?
[49:45.360 --> 49:52.360]  Do they tend to meet on the same day telling that your daughter is doing a report in high school?
[49:52.360 --> 49:57.360]  And talk to the clerk, she can get it open up a little.
[49:57.360 --> 50:03.360]  And you want to find out when the grand jury is next scheduled to meet.
[50:03.360 --> 50:10.360]  And when they're meeting, you make up a criminal complaint against the judge and you come down
[50:10.360 --> 50:17.360]  and you need to go down to find out where the grand jury meets in the courthouse.
[50:17.360 --> 50:23.360]  And on the day they're supposed to meet in small counties, they generally meet one time a month
[50:23.360 --> 50:29.360]  or maybe twice a month depending on how many people they have in the county.
[50:29.360 --> 50:35.360]  So go down to where they're going to meet and always wear a nice suit and tie.
[50:35.360 --> 50:40.360]  And approach the bailiff and say, Mr. Bailiff, my name is Adam.
[50:40.360 --> 50:46.360]  Instruct the foreman that I have business with the grand jury.
[50:46.360 --> 50:50.360]  And what he should say is, may I tell him the nature of the business?
[50:50.360 --> 50:53.360]  And you say, yes, you can give him this.
[50:53.360 --> 50:57.360]  But what he's probably going to say is you need to go talk to the district attorney.
[50:57.360 --> 51:04.360]  And you tell him, I don't have business with the district attorney, I have business with the grand jury.
[51:04.360 --> 51:07.360]  Give him this, hand him this folder.
[51:07.360 --> 51:08.360]  He probably won't.
[51:08.360 --> 51:12.360]  He'll probably take it to the prosecuting attorney.
[51:12.360 --> 51:16.360]  And you'll get a call from the prosecuting attorney.
[51:16.360 --> 51:21.360]  Then you file a tamper with the government document against the bailiff.
[51:21.360 --> 51:26.360]  And when the prosecutor refuses to prosecute, you file against the prosecutor
[51:26.360 --> 51:32.360]  because article 2.03, Texas Code of Criminal Procedure.
[51:32.360 --> 51:36.360]  In the chapter addressing duties of officers.
[51:36.360 --> 51:42.360]  201 says shall be the duty of prosecuting attorney not to secure conviction,
[51:42.360 --> 51:45.360]  but to ensure that justice is served.
[51:45.360 --> 51:47.360]  And here I'm paraphrasing a little bit.
[51:47.360 --> 51:53.360]  It's a little long and convoluted, but essentially it says that the prosecutor shall not secret
[51:53.360 --> 51:59.360]  evidence or witnesses that would show the innocence of the accused and mitigate the guilt of the accused.
[51:59.360 --> 52:07.360]  Okay, well that's not a time I did rhetoric, but it really doesn't instruct the prosecutor to do a certain thing.
[52:07.360 --> 52:17.360]  Or the 2.02 tells the prosecutor, the county and district attorneys what kinds of cases they'll handle.
[52:17.360 --> 52:28.360]  2.03, the very first one that instructs the prosecuting attorney to do a specific thing.
[52:28.360 --> 52:30.360]  And I'm paraphrasing here a little bit.
[52:30.360 --> 52:40.360]  When a prosecutor is made known in any manner that a public official has violated a law relating to his office,
[52:40.360 --> 52:49.360]  he shall reduce the complaint to an information and submit it to the grand jury.
[52:49.360 --> 52:54.360]  No discretion of any kind.
[52:54.360 --> 53:04.360]  So what happens if you give a complaint against a public official, the prosecuting attorney, and he don't give it to the grand jury?
[53:04.360 --> 53:08.360]  What's the statute, Adam?
[53:08.360 --> 53:13.360]  That's a hindering apprehension or prosecution.
[53:13.360 --> 53:31.360]  That's pretty good. Actually, 1st is 3903, official oppression, failing form of duty, squared form. But it committed official oppression for the purpose of shielding the accused from prosecution in violation of 3805 penal code.
[53:31.360 --> 53:32.360]  Yeah.
[53:32.360 --> 53:35.360]  And I'm glad you got that reference.
[53:35.360 --> 53:40.360]  3805, it doesn't say shielding, it says hindering apprehension or prosecution.
[53:40.360 --> 53:44.360]  Exactly.
[53:44.360 --> 53:52.360]  The, isn't it true that a municipal judge, if you decline to plead, they can enter a plea on your behalf?
[53:52.360 --> 53:53.360]  Yes.
[53:53.360 --> 53:59.360]  Not until the jury's been paneled on the day of trial, is that correct?
[53:59.360 --> 54:03.360]  I believe that is correct.
[54:03.360 --> 54:13.360]  So that judge, I mean, would that be considered official oppression, entering a plea before the jury's been paneled and the trial's on the day of trial?
[54:13.360 --> 54:14.360]  No.
[54:14.360 --> 54:17.360]  No, here's the problem with that.
[54:17.360 --> 54:36.360]  Official oppression of a public official exertor, proportionate to an authority he does not expressly have, and in the process, denies the citizen in the full and free access to or enjoyment of a right. How were you harmed by the judge's action?
[54:36.360 --> 54:45.360]  Well, you weren't informed of the nature and cause of the accusation. You can enter a plea on your behalf without your consent from the jury's.
[54:45.360 --> 54:53.360]  So still, how are you harmed? You don't have to be informed of the nature and cause until you're at trial.
[54:53.360 --> 54:57.360]  Okay. So that's just a good judicial comment complaint, not a criminal charge?
[54:57.360 --> 55:07.360]  Right. And this is a way to think about these things. Always, I know somebody, you call in, you say, oh, the judge did this, and I say, so what?
[55:07.360 --> 55:20.360]  And I sound kind of crappy when I do that, but I have a real good reason for that. So what? You cannot come to the court and invoke the jurisdiction of the court unless you have an actual controversy.
[55:20.360 --> 55:33.360]  There must be an injured party. So a lot of things these guys don't do that they should, but it doesn't necessarily harm you, so you can't invoke official oppression.
[55:33.360 --> 55:42.360]  But you're exactly right. It goes straight to judicial conduct.
[55:42.360 --> 55:48.360]  All right, but there's nothing I can do for the judge not letting the prosecutor respond and writing, cutting them off.
[55:48.360 --> 56:02.360]  No, yeah, but he could, the judge can do that. But the fact that he denied your challenge to subject matter jurisdiction opens the door for you to sue him personally.
[56:02.360 --> 56:06.360]  Send him a tort letter.
[56:06.360 --> 56:26.360]  And when I make up a tort letter, I generally make up a brief in support of my position. If I'm going to sue a judge, I know that the first thing that's going to happen is the other side is going to file a motion to dismiss claiming that the judge has absolute immunity.
[56:26.360 --> 56:35.360]  And your argument is, is the judge only had absolute immunity if the judge had subject matter jurisdiction in the first instance.
[56:35.360 --> 56:46.360]  What sticks it in court is not what you can prove up, but the nature and sufficiency of your claim.
[56:46.360 --> 57:00.360]  So if your claim is that the judge acted without subject matter jurisdiction, then based on the claim, the judge has no immunity.
[57:00.360 --> 57:10.360]  Once the judge can come into court and prove that he did have subject matter jurisdiction, then his immunity is re-invoked.
[57:10.360 --> 57:13.360]  But he has to do that in court.
[57:13.360 --> 57:20.360]  He can do it with a summary judgment motion or a declaratory judgment motion early on.
[57:20.360 --> 57:25.360]  But he still has to file it in the court. He doesn't get to ignore it. He has to file an answer.
[57:25.360 --> 57:28.360]  Then he has to file a motion to dismiss.
[57:28.360 --> 57:31.360]  So it sticks him in the court.
[57:31.360 --> 57:41.360]  That's why I like subject matter jurisdiction first thing and special appearance, special appearance is a subject matter jurisdiction challenge.
[57:41.360 --> 57:46.360]  The judge has no jurisdiction over the person.
[57:46.360 --> 57:56.360]  So whether it's subject matter or in personum, if the judge acts without jurisdiction, then he has no immunity.
[57:56.360 --> 57:58.360]  Does that make sense?
[57:58.360 --> 58:04.360]  Yeah, and the prosecution never proved it up. So he doesn't have it until they prove it.
[58:04.360 --> 58:09.360]  Did the prosecutor give notice to the judge that the judge was screwing up?
[58:09.360 --> 58:17.360]  No, I almost kind of think the prosecution, what we were trying to do was laughing at him.
[58:17.360 --> 58:25.360]  Have you ever read the American Bar Association standards for the prosecutorial function?
[58:25.360 --> 58:28.360]  Yeah, the model standards, right?
[58:28.360 --> 58:37.360]  Yeah, you should go through not the bar standards, but the bar standards for the prosecutorial function. It's a different set.
[58:37.360 --> 58:40.360]  And they're wonderful.
[58:40.360 --> 59:08.360]  Hang on, Randy Kelton rule of all radio, we'll be right back.
[59:08.360 --> 59:13.360]  We'll be right back.
[59:39.360 --> 59:45.360]  That's 888-551-0102.
[59:45.360 --> 59:52.360]  Or visit us online at bfa.org.
[59:52.360 --> 01:00:02.360]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:02.360 --> 01:00:08.360]  The following is flashed upon to you by the Lone Star Lowdown.
[01:00:33.360 --> 01:00:44.360]  Today in history, the year 1835, the United States government national debt is zero for the first time in presumably only time in the government's existence.
[01:00:44.360 --> 01:00:46.360]  Zero government debt?
[01:00:46.360 --> 01:00:50.360]  Today in history.
[01:00:50.360 --> 01:01:03.360]  In recent news, the president will undergo a two-hour physical exam which will include urine blood analysis, cardiac evaluation, and some more personal prying with sleeping habits, and even his romantic life being discussed with the multi-administration presidential physician.
[01:01:03.360 --> 01:01:09.360]  It seems the president may be wanting to lay to rest the recent lineup of criticisms questioning his mental health and stability.
[01:01:09.360 --> 01:01:25.360]  Apparently, some of the president's more recent tweets directed towards North Korea's Kim Jong-un and the author of the book Fire and Fury, Michael Wolfe, has many thinking that the president should perhaps be more articulate and less rash with his tweets.
[01:01:25.360 --> 01:01:47.360]  The U.S. District Court Judge Gloria Namvaro dismissed cases against Nevada Rancher Clive and Bundy, his two sons and a Montana militiaman today. The judge ruled that the government's lawyers suppressed footage from several cameras that were set up by the FBI around the Bundy's family home that would have been favorable in the defendant's case when Mr. Bundy was released today Monday after leaving the courthouse.
[01:01:47.360 --> 01:02:00.360]  The court reports that I've been a political prisoner for 700 days. He hadn't seen his wife for nearly two years due to the fact that he had refused any conditional release, which required him to forfeit his trial by jury rights.
[01:02:00.360 --> 01:02:11.360]  Former Google engineer James Damore filed a class action lawsuit against the Alphabet Corporation on Monday, claiming that it discriminates against white men and those with conservative leaning views.
[01:02:11.360 --> 01:02:33.360]  Damore was terminated for dismantling a memo, essentially questioning the company's diversity policies. The suit is basically arguing that Google employees who express views deviating from corporate sentiments on politics and practices like diversity hiring policies by a sensitivity and social justice were singled out, mistreated, and systematically punished and terminated from Google.
[01:02:33.360 --> 01:02:41.360]  Google spokesman Tasha Part said in her response that we look forward to defending against Mr. Damore's lawsuit in court.
[01:03:03.360 --> 01:03:32.360]  Okay, we are back. Randy Kelton, rule of law radio, and we're talking to Adam in Texas.
[01:03:32.360 --> 01:03:41.360]  I'll get you un-muted. There you go. Okay, Adam, sounds like you've done your homework.
[01:03:41.360 --> 01:04:06.360]  Yeah, I'm just a little confused about the special appearance is a jurisdictional challenge. So is the municipal judge acting without jurisdictions from the moment the motion hearing commences because the prosecution never entered any evidence in the record to approve jurisdiction?
[01:04:06.360 --> 01:04:17.360]  Okay, what was the nature of your claim for lack of impersonal jurisdiction?
[01:04:17.360 --> 01:04:23.360]  I haven't read any special appearance, so I'm not to.
[01:04:23.360 --> 01:04:40.360]  Yeah, well, there's the specific matter of part is that on case of transportation, the impersonal was for, I can't remember exactly why it was a personal jurisdictional challenge.
[01:04:40.360 --> 01:04:59.360]  Okay, look. Okay, if you don't know what it is, I haven't looked at any. And mine claims that the, that you are not engaged in a commercial activity and therefore the statutory scheme did not apply.
[01:04:59.360 --> 01:05:17.360]  Well, my claim says that the complaint did not allege commercial activity. Therefore, you did not fall under the statutory scheme.
[01:05:17.360 --> 01:05:33.360]  Okay, the subject matter jurisdiction when a case is filed in the court, subject matter jurisdiction is presumed. Unless it is challenged. Once it is challenged, the presumption goes away, jurisdiction is lost.
[01:05:33.360 --> 01:05:51.360]  Until such time as the court proves up jurisdiction, not the prosecutor, it's the court that must prove a prosecution, I mean, jurisdiction. They generally have the prosecutor do it for them, but it is the judge's responsibility, not the prosecutors.
[01:05:51.360 --> 01:06:11.360]  Okay, so you go after the judge and sue the judge. But then the prosecutor is has a requirement under the American Bar Association standards for the prosecutorial function to give notice to the judge when the judge is acting in properly or acting in a way that's not in accordance with the law.
[01:06:11.360 --> 01:06:18.360]  Prosecutors supposed to tell him. So when you don't, you sting the prosecutor.
[01:06:18.360 --> 01:06:26.360]  You have the bar grievance on the prosecutor. Are there any bar grievances I could pull out of this for the municipal judge?
[01:06:26.360 --> 01:06:28.360]  No, because he, okay.
[01:06:28.360 --> 01:06:34.360]  Is he, is the judge also, does the judge also carry a bar card?
[01:06:34.360 --> 01:06:39.360]  Yeah, according to the Texas statute, municipal government code, municipal judge has to be.
[01:06:39.360 --> 01:06:46.360]  No, they don't. No, no, no, no, no, they don't. Only a municipal court of record.
[01:06:46.360 --> 01:06:53.360]  Yeah, okay. Well, this is a court of record. So yes, he's got his bar number in during the hearing. So yeah, he's definitely a court judge here.
[01:06:53.360 --> 01:06:57.360]  Yeah, bar, bar, grieve him anyway.
[01:06:57.360 --> 01:07:04.360]  Well, what am I trying to, what am I grieve in the municipal judge for? I haven't got my finger on that.
[01:07:04.360 --> 01:07:13.360]  Well, the only reason the judge can be a judge is because he has this bar card.
[01:07:13.360 --> 01:07:25.360]  And therefore, when he sits as a judge, he is required to act with the same kind of professional dignity that a lawyer is.
[01:07:25.360 --> 01:07:30.360]  And when he doesn't, you, you're bar grieve him for it. Now he's going to say that doesn't apply.
[01:07:30.360 --> 01:07:35.360]  And you're going to say, sorry, okay, no problem. Doesn't matter what a bar grieve you for anyway.
[01:07:35.360 --> 01:07:46.360]  Do us from all out. Got you. Your insurance agent might not, but your problem, not my problem.
[01:07:46.360 --> 01:07:54.360]  All right, Randy. Well, that helped out a lot, man. I appreciate it. Now I'm going to go back and do some more studying in the and I'll hand it off to the next caller.
[01:07:54.360 --> 01:07:56.360]  Thanks a lot, man.
[01:07:56.360 --> 01:08:04.360]  Okay. Thank you, Adam. Okay. Now we're going to Charlene in New York. Hello, Charlene.
[01:08:04.360 --> 01:08:10.360]  Hello, Charlene.
[01:08:10.360 --> 01:08:15.360]  It looks like we have lost Charlene. I must have put her to sleep.
[01:08:15.360 --> 01:08:21.360]  Well, we got someone else in New York. Hello, Shane.
[01:08:21.360 --> 01:08:23.360]  Hello, Randy. How you doing?
[01:08:23.360 --> 01:08:28.360]  I'm doing good. What do you have for us today?
[01:08:28.360 --> 01:08:46.360]  Well, I was communicating with some people today. I sent you a text and I was going to want to get a little bit deeper into that statutory judgment regarding the assignment and leaving aside that they lost the note to the property years ago.
[01:08:46.360 --> 01:08:58.360]  I did a lot of snow to happen, David, and just wanted to find out, could you go to federal court on a statutory judgment regarding challenging the assignment, which they don't? It's not in the real.
[01:08:58.360 --> 01:09:27.360]  Well, no, this is not a declaratory judgment. It is not a federal issue. The every county in every state that has a county recorder has a statute that essentially says what Texas 13.001 says and California's 1214 says that any document not properly acknowledged or proven.
[01:09:27.360 --> 01:09:40.360]  Acknowledge notary proven to witnesses and filed in the count with the county recorder is void as to the holder.
[01:09:40.360 --> 01:09:48.360]  Very important statute without that statute. There is no reason to have a county recorder.
[01:09:48.360 --> 01:10:06.360]  County recorder was intended to be a repository of claims against real property. So anyone attempting to purchase real property could go to a central location and locate any existing claims against that property.
[01:10:06.360 --> 01:10:21.360]  So if you hold a claim against the property and you have not filed that claim with the county recorder, it is void as to the holder. You can't prosecute it.
[01:10:21.360 --> 01:10:30.360]  So with that in mind, look at everything that's been filed in the record. This is what I find mostly.
[01:10:30.360 --> 01:10:48.360]  Now, look in the record and pull up the original deed of trust. Look at the lender on the original deed of trust and that check with the, what's their name, Bloomberg, to see if that company is still in existence.
[01:10:48.360 --> 01:10:56.360]  And if your mortgage was prior to 206, good chance they're no longer in existence.
[01:10:56.360 --> 01:11:00.360]  That's right. We already did that part. That's correct. They don't exist.
[01:11:00.360 --> 01:11:22.360]  Bankrupting the mortgage companies was a strategy. It was a tax dodge strategy. The banks would create this mortgage company, have it write these predatory loans, and then sell the loan to the bank at a loss.
[01:11:22.360 --> 01:11:42.360]  And then the mortgage company would take all the loss. The bank who purchased the mortgage from their own mortgage company gets to avoid the tax on the highly profitable predatory loans, tax dodge.
[01:11:42.360 --> 01:12:00.360]  But what wound up happening as a result of that tax dodge is these companies are going out of business and they're not filing the successor to the loan is not filing their own deed of trust.
[01:12:00.360 --> 01:12:22.360]  In order to make that correct, the company going out of business prior to going out of business would have to, to assign the mortgage to the third party than the third party would then revoke their own deed of trust and then the third party would file their trust.
[01:12:22.360 --> 01:12:34.360]  But that cost them too much money. That's three filings at 30 to 50 bucks a piece. So they didn't bother.
[01:12:34.360 --> 01:12:49.360]  So now you get into who's on first. I have a whole who's on first argument on this. We don't know who's on first. We knew who was on first, but that guy's dead.
[01:12:49.360 --> 01:13:08.360]  And then we had Merse was on second or claimed to be on second. And after the lender on first died, Merse took an asset from the dead guy and transferred it to a third party.
[01:13:08.360 --> 01:13:24.360]  Well, if Merse was an agent for the dead guy, agency does not survive death. And this is out of a New York case. Judge Shrek in New York called him vampire lenders.
[01:13:24.360 --> 01:13:37.360]  They lend you the money and then they go down in their grave and then when the time comes, they rise up out of their grave and go to Merse and say, I want you to take my asset and transfer it to this third party.
[01:13:37.360 --> 01:13:46.360]  Well, how does that work? So this is this is the main thing I'm looking for is a lender that went out of business.
[01:13:46.360 --> 01:13:53.360]  Then you look for an assignment to a third party after the company went out of business.
[01:13:53.360 --> 01:14:08.360]  And on that you do a declaratory judgment that under the laws of the state, an agent cannot act for a dead guy. And since the company is a person underlawed, the person died.
[01:14:08.360 --> 01:14:18.360]  Well, unlike a human being who tends to die sometimes inconveniently, large companies go out of business very slowly.
[01:14:18.360 --> 01:14:27.360]  So the company had plenty of time to transfer its assets, but it chose not to.
[01:14:27.360 --> 01:14:31.360]  And therefore it abandoned it.
[01:14:31.360 --> 01:14:52.360]  And then after the company went out of business, some stranger interloper comes along and alleges that the dead guy's agent after the guy was dead transferred the dead guy's asset to me.
[01:14:52.360 --> 01:14:58.360]  Well, how does that work guys? Since agency doesn't survive termination of the company.
[01:14:58.360 --> 01:15:02.360]  Merge had nobody to be the agent for.
[01:15:02.360 --> 01:15:14.360]  Now what Merge is going to claim is Merge is the agent for not only the lender, but all the less is lenders successors or signs.
[01:15:14.360 --> 01:15:30.360]  Okay, so the lender had some successes, some successors. Okay, where is their claim filed in the public record?
[01:15:30.360 --> 01:15:34.360]  We don't care what you hold. If you haven't filed it in the records for this to the holder.
[01:15:34.360 --> 01:15:47.360]  So we asked the judge to rule that this claim by this holder was not properly filed in accordance with the laws of the state and therefore as far as to the holder.
[01:15:47.360 --> 01:15:53.360]  That's all you want. You don't want any damages. You don't want anything but a declaration of the rights of the parties.
[01:15:53.360 --> 01:15:57.360]  And that should be in the state because this is all based on state law.
[01:15:57.360 --> 01:16:00.360]  Okay. Does that answer all that?
[01:16:00.360 --> 01:16:11.360]  Yep. Great job. I do want to talk to you maybe tomorrow or the next day because I didn't want to research on any hearings coming up if I were the agent.
[01:16:11.360 --> 01:16:13.360]  With the brand new judge, by the way.
[01:16:13.360 --> 01:16:22.360]  Oh, that's wonderful. You get a new judge and they tend to not be quite so corrupted yet.
[01:16:22.360 --> 01:16:26.360]  Was this judge elected or appointed?
[01:16:26.360 --> 01:16:39.360]  Um, I believe he was elected. He had nobody to face against. He was a Republican Latino and he walked right into the position and I heard his status quo through and through.
[01:16:39.360 --> 01:16:44.360]  Good. Good. You got just what you need. You just need to give him good pleadings. Hang on.
[01:16:44.360 --> 01:16:55.360]  Don't go away. Back to go to break. Randy Kelton, rule of law radio are called in number 512-646-1984. We'll be right back.
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[01:19:30.360 --> 01:19:40.360]  Okay, we are back.
[01:19:40.360 --> 01:19:48.360]  Randy Kelton, rule of law radio, and we're talking to Shane in New York.
[01:19:48.360 --> 01:19:52.360]  Looks like I'm a little confused.
[01:19:52.360 --> 01:19:56.360]  My caller board kind of moved around on me.
[01:19:56.360 --> 01:20:02.360]  Okay, it looks like Charlene reconnected, so we may have her when we're done here.
[01:20:02.360 --> 01:20:06.360]  Okay, Shane, what else do you...
[01:20:06.360 --> 01:20:12.360]  Okay, you're preparing to file a declaratory judgment.
[01:20:12.360 --> 01:20:17.360]  What is the condition of the mortgage at the moment?
[01:20:17.360 --> 01:20:20.360]  Well, it's all out of whack, to be honest with you.
[01:20:20.360 --> 01:20:26.360]  I originally, when it first started, it was right around $32,000 or $33,000.
[01:20:26.360 --> 01:20:29.360]  It's in my mom's name.
[01:20:29.360 --> 01:20:39.360]  And now where Sataris is taking over the servicing about as a few years ago on the last bill I saw was some crazy amount, like $140,000.
[01:20:39.360 --> 01:20:42.360]  Okay, this is really common.
[01:20:42.360 --> 01:20:56.360]  So, Sataris will have no records of payments before they took over the servicing of the loan.
[01:20:56.360 --> 01:21:02.360]  So, one of the things I like to do when I'm addressing one of these...
[01:21:02.360 --> 01:21:14.360]  Okay, you're... I take it's in foreclosure. What is the... is it a original mortgage or a...
[01:21:14.360 --> 01:21:19.360]  I hate how those terms...
[01:21:19.360 --> 01:21:23.360]  The note is from 1994.
[01:21:23.360 --> 01:21:24.360]  Oh.
[01:21:24.360 --> 01:21:27.360]  So it's originally signed with Franny and Freddie.
[01:21:27.360 --> 01:21:30.360]  Okay, so it was an original mortgage.
[01:21:30.360 --> 01:21:32.360]  Okay.
[01:21:32.360 --> 01:21:34.360]  Franny and Freddie and it was Republic Bank.
[01:21:34.360 --> 01:21:37.360]  And, well, you know, the rest of the story.
[01:21:37.360 --> 01:21:39.360]  Yeah, standard stuff.
[01:21:39.360 --> 01:21:44.360]  It's such a mess, Randy. It's like, my God, I can't believe they haven't dismissed you yet.
[01:21:44.360 --> 01:21:48.360]  But one thing I wanted to tell you is we talked to an attorney.
[01:21:48.360 --> 01:21:51.360]  I'm not really a big fan of an attorney at all.
[01:21:51.360 --> 01:21:56.360]  But he was telling me that individual consumers have no standing to dispute assignments.
[01:21:56.360 --> 01:22:00.360]  The only issue is whatever you sign it on, whatever you do with the payments.
[01:22:00.360 --> 01:22:04.360]  Okay, you don't care about the assignment.
[01:22:04.360 --> 01:22:09.360]  What you care about is what's filed in the public record.
[01:22:09.360 --> 01:22:12.360]  No, I see where you're going now. I see where you're going.
[01:22:12.360 --> 01:22:14.360]  So I'm just letting you know that...
[01:22:14.360 --> 01:22:16.360]  Yeah, and...
[01:22:16.360 --> 01:22:18.360]  Make sure you don't win.
[01:22:18.360 --> 01:22:20.360]  Yeah, this is what you tell the lawyer.
[01:22:20.360 --> 01:22:24.360]  He said, we don't care about who holds what. It doesn't matter.
[01:22:24.360 --> 01:22:29.360]  The only thing we care about is what is filed in the public record.
[01:22:29.360 --> 01:22:39.360]  And did the original lender assign the mortgage to a third party before the original lender went out of business?
[01:22:39.360 --> 01:22:52.360]  Hold on. Did the original lender assign the mortgage in the public rep before going out of business?
[01:22:52.360 --> 01:22:56.360]  Now, we don't care if there's an assignment somewhere.
[01:22:56.360 --> 01:23:00.360]  But if it hasn't been filed in the public record, then it's void.
[01:23:00.360 --> 01:23:11.360]  So does the public record show that the original lender assigned it to someone else?
[01:23:11.360 --> 01:23:13.360]  Good question.
[01:23:13.360 --> 01:23:20.360]  Okay, then, if they did, because this is 1990?
[01:23:20.360 --> 01:23:22.360]  1994.
[01:23:22.360 --> 01:23:40.360]  Okay, this was before they repealed the Glass-Steagall Act and allowed and repealed the prohibition on derivatives.
[01:23:40.360 --> 01:23:46.360]  So this is before the big scam started in the year 2000.
[01:23:46.360 --> 01:23:53.360]  Yeah, that's before. Good chance this note wasn't sold.
[01:23:53.360 --> 01:24:00.360]  Was it a major bank or was it a small lending company?
[01:24:00.360 --> 01:24:04.360]  It was a bank called Republic Bank.
[01:24:04.360 --> 01:24:13.360]  And my information, it was bundled and sold into a rental trust within 60 days.
[01:24:13.360 --> 01:24:16.360]  Now, that's coming from Joe.
[01:24:16.360 --> 01:24:22.360]  Whoa, no chance. This is 1994. There weren't any dead.
[01:24:22.360 --> 01:24:27.360]  Yeah, well, that's what he came up with, which is something maybe we could talk about later.
[01:24:27.360 --> 01:24:32.360]  But they did a lost note after David already, though, Randy.
[01:24:32.360 --> 01:24:42.360]  Okay, is there a filing in the public record transferring the mortgage to this third party?
[01:24:42.360 --> 01:24:48.360]  They got a problem.
[01:24:48.360 --> 01:24:51.360]  Chain of title just got broken.
[01:24:51.360 --> 01:24:57.360]  So that's the challenge you make. They just broke the chain of title.
[01:24:57.360 --> 01:25:03.360]  There's nobody who can stand forth by the public record and show that they have standing to enforce the mortgage.
[01:25:03.360 --> 01:25:06.360]  So that's all you ask.
[01:25:06.360 --> 01:25:12.360]  And that's what I want to talk to you, Bob, but maybe I can speak to you because I did send you a text a few days ago.
[01:25:12.360 --> 01:25:18.360]  Okay, and now there's another thing. It's all about politics.
[01:25:18.360 --> 01:25:21.360]  Politics and money.
[01:25:21.360 --> 01:25:24.360]  So the bank's all about money. It's all they care about.
[01:25:24.360 --> 01:25:32.360]  Okay, you got to make it look like it's going to cost them way too much and then go to them and make a deal.
[01:25:32.360 --> 01:25:37.360]  Get the note. Do you have the original note?
[01:25:37.360 --> 01:25:43.360]  No, because it's no.
[01:25:43.360 --> 01:25:47.360]  I can ask around, but I doubt they even have the original note anymore.
[01:25:47.360 --> 01:25:54.360]  Okay, then you have no way of calculating what's actually owed.
[01:25:54.360 --> 01:25:57.360]  We have a copy of it, but we don't have the original. We do have a copy.
[01:25:57.360 --> 01:26:01.360]  Oh, who cares? Don't need the original. Just a copy.
[01:26:01.360 --> 01:26:05.360]  I've got a big spreadsheet that I run these numbers through.
[01:26:05.360 --> 01:26:13.360]  Do you have a truth and lending statement or a HUD one settlement statement?
[01:26:13.360 --> 01:26:19.360]  The HUD one is generally a legal size page with all your numbers on it.
[01:26:19.360 --> 01:26:24.360]  It's just like a spreadsheet.
[01:26:24.360 --> 01:26:33.360]  If you got that, then we have got some numbers to run. Be not sure if you had the truth and lending, but don't know if they're even doing them then.
[01:26:33.360 --> 01:26:35.360]  I'll calculate.
[01:26:35.360 --> 01:26:38.360]  Wait, say that again.
[01:26:38.360 --> 01:26:45.360]  Yeah, one thing I wanted to tell you right off the bat is that we already, we've already sent a validation in.
[01:26:45.360 --> 01:26:49.360]  Nothing's been answered. I don't know how many documents we sent in.
[01:26:49.360 --> 01:26:55.360]  Did you send in a qualified written request?
[01:26:55.360 --> 01:26:58.360]  Yes.
[01:26:58.360 --> 01:27:02.360]  You got a new servicer. When did you get this servicer?
[01:27:02.360 --> 01:27:12.360]  On November 2015 and HSBC, the attorney for HSBC said they have no interest in this property anymore.
[01:27:12.360 --> 01:27:23.360]  Hold on. Did you send this company my QWR, qualified written request?
[01:27:23.360 --> 01:27:26.360]  No, you and I have never talked about that.
[01:27:26.360 --> 01:27:31.360]  Okay, send me an email. Ask for it. We'll send that in.
[01:27:31.360 --> 01:27:32.360]  Okay.
[01:27:32.360 --> 01:27:36.360]  Because it has a notice of rescission.
[01:27:36.360 --> 01:27:43.360]  Okay, which I believe we did but not your type of, not yours, but I would like to talk to you regarding this.
[01:27:43.360 --> 01:27:49.360]  Okay, you did a notice of rescission. When did you do that?
[01:27:49.360 --> 01:27:51.360]  Yep.
[01:27:51.360 --> 01:28:02.360]  Did you do the notice of rescission after notice of acceleration was filed after you were in foreclosure?
[01:28:02.360 --> 01:28:05.360]  Good question.
[01:28:05.360 --> 01:28:12.360]  I believe we were a little bit behind at that time. Yeah, I think, but I don't know if they accelerated it or not.
[01:28:12.360 --> 01:28:16.360]  Okay, you have to do it after they've accelerated.
[01:28:16.360 --> 01:28:22.360]  That invokes the second opportunity to file a notice of rescission.
[01:28:22.360 --> 01:28:27.360]  Okay, okay. I think that's what happened.
[01:28:27.360 --> 01:28:31.360]  Okay, to figure this out, I'd have to do an analysis of all the paperwork.
[01:28:31.360 --> 01:28:36.360]  So if you want me to look it over, I think you've sent me everything.
[01:28:36.360 --> 01:28:37.360]  Yeah.
[01:28:37.360 --> 01:28:44.360]  Send me an email so it's on the top of my email list and remind me and we'll see if I can talk tomorrow.
[01:28:44.360 --> 01:28:48.360]  What subject do we put in the subject line?
[01:28:48.360 --> 01:28:56.360]  Just put in, I'll recognize it. I'll recognize your name. I've seen your email, so I'll know what it is.
[01:28:56.360 --> 01:29:01.360]  One last thing I wanted to tell you is in the hearing, which lasted no more than three minutes,
[01:29:01.360 --> 01:29:09.360]  they got my mom, got an attorney that's interested in the case, charged a very tiny fee,
[01:29:09.360 --> 01:29:18.360]  and basically the judge said, you know, like the idea that we were filing complaints with the Consumer Protection Bureau
[01:29:18.360 --> 01:29:22.360]  and said that once we come back here, he's going to come to a very quick decision on this case.
[01:29:22.360 --> 01:29:24.360]  He's just about had it.
[01:29:24.360 --> 01:29:30.360]  Move to disqualify and file official oppression against the judge.
[01:29:30.360 --> 01:29:31.360]  Think he's had it?
[01:29:31.360 --> 01:29:33.360]  He pretty much.
[01:29:33.360 --> 01:29:41.360]  Well Steve, maybe you've had it too. He forgets who the boss is.
[01:29:41.360 --> 01:29:46.360]  He's the servant. You're the master.
[01:29:46.360 --> 01:29:48.360]  If you have another agenda, leave it at home.
[01:29:48.360 --> 01:30:03.360]  Hang on, go on a break. Randy Kelton, we'll be right back.
[01:30:03.360 --> 01:30:08.360]  You may have heard of whistling while you work, but how about walking while working at your cubicle?
[01:30:08.360 --> 01:30:10.360]  And Dr. Catherine Albrecht is in a moment.
[01:30:10.360 --> 01:30:15.360]  I'll tell you about the latest concept in health-conscious office furniture, treadmill desks.
[01:30:15.360 --> 01:30:21.360]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:21.360 --> 01:30:26.360]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.360 --> 01:30:31.360]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:30:31.360 --> 01:30:34.360]  Privacy, it's worth hanging on to.
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[01:31:31.360 --> 01:31:37.360]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
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[01:33:24.360 --> 01:33:26.360]  Okay, we are back.
[01:33:26.360 --> 01:33:31.360]  Randy Kelton, Rula Law Radio, and we're talking to Shane in New York.
[01:33:31.360 --> 01:33:34.360]  Okay, Shane, do we have anything else?
[01:33:34.360 --> 01:33:36.360]  Yep, I'll wrap it up.
[01:33:36.360 --> 01:33:42.360]  We'll talk to you later, but I do want to talk more about your services and stuff regarding that.
[01:33:42.360 --> 01:33:46.360]  But I do want to let you know that the hearing is not set until February the 9th.
[01:33:46.360 --> 01:33:55.360]  But the way the judge's tone was, the brand new judge, he's only been on bench for, I think, a year now, one year.
[01:33:55.360 --> 01:34:01.360]  He's probably in his early to mid-40s, and the tone looked like it didn't matter what we filed.
[01:34:01.360 --> 01:34:05.360]  He was going to grant summary judgment and the favorite HSBC based on that tone.
[01:34:05.360 --> 01:34:11.360]  Now, in the meantime, not we, but my mom has an attorney.
[01:34:11.360 --> 01:34:16.360]  She gave him just a little bit of money just to communicate with them because we're at the end here.
[01:34:16.360 --> 01:34:20.360]  And I don't think he's going to do much of anything.
[01:34:20.360 --> 01:34:23.360]  Probably not unless you sting him.
[01:34:23.360 --> 01:34:30.360]  I would suggest that you at least followed your dissaconda complaint against the judge.
[01:34:30.360 --> 01:34:41.360]  The fact that he brought up a, he indicated prejudice because you filed with a consumer protection agency.
[01:34:41.360 --> 01:34:50.360]  Right, and he didn't like the idea that we mentioned his name and the complaint because he has the case now.
[01:34:50.360 --> 01:34:58.360]  Then you might mention his name and a complaint directly against him and see how he likes that.
[01:34:58.360 --> 01:35:04.360]  He's a new judge. He may need a little instruction.
[01:35:04.360 --> 01:35:07.360]  He needs to realize that you can sting him.
[01:35:07.360 --> 01:35:10.360]  So he's probably still trying to make a name for himself.
[01:35:10.360 --> 01:35:13.360]  He's not going to like judicial conduct complaints against him.
[01:35:13.360 --> 01:35:19.360]  Yeah, very cocky and arrogant, and I'll just let you know last year I did a quick claim on the property.
[01:35:19.360 --> 01:35:23.360]  My name is on the tax bill.
[01:35:23.360 --> 01:35:26.360]  So you can file the action.
[01:35:26.360 --> 01:35:28.360]  Well, that's what I wanted to talk to you about.
[01:35:28.360 --> 01:35:35.360]  And, you know, I want you to get another call or some people can get questions answered, but I want to sit here and eat up all the time.
[01:35:35.360 --> 01:35:40.360]  But I do want to communicate with you because we're very close.
[01:35:40.360 --> 01:35:43.360]  Okay, we can talk tomorrow.
[01:35:43.360 --> 01:35:46.360]  Brandy, thank you so much for all your help over the years.
[01:35:46.360 --> 01:35:49.360]  Okay, thank you for calling.
[01:35:49.360 --> 01:35:51.360]  Now we're going to Charlene in New York.
[01:35:51.360 --> 01:35:53.360]  Charlene, are you there?
[01:35:53.360 --> 01:35:55.360]  Yes, I'm there.
[01:35:55.360 --> 01:35:56.360]  Oh, got you this time.
[01:35:56.360 --> 01:35:58.360]  Okay.
[01:35:58.360 --> 01:35:59.360]  Yes.
[01:35:59.360 --> 01:36:01.360]  What do you have for us today?
[01:36:01.360 --> 01:36:05.360]  So, of course, as you know, it's been about over a year.
[01:36:05.360 --> 01:36:12.360]  I've been doing research on my parents' situation and we've been fighting for this house for the past seven years.
[01:36:12.360 --> 01:36:17.360]  But recently, shockingly, I don't know if there's good news or not,
[01:36:17.360 --> 01:36:23.360]  but we were served in November with a motion of summary judgment.
[01:36:23.360 --> 01:36:24.360]  I believe that's what it's called.
[01:36:24.360 --> 01:36:29.360]  I don't know if that's a notice of acceleration, but we were served.
[01:36:29.360 --> 01:36:38.360]  And we took the information over to the lawyer because we had a pro bono lawyer at the time to look over the documentation
[01:36:38.360 --> 01:36:45.360]  and comes to find out she put together, I think they call it, what is it, an opposition?
[01:36:45.360 --> 01:36:50.360]  Affidavit in opposition against the bank's motion.
[01:36:50.360 --> 01:36:51.360]  Yes.
[01:36:51.360 --> 01:36:59.360]  And it basically mentioned all of the illegal foreclosure actions that the bank was taking against my parents' property.
[01:36:59.360 --> 01:37:06.360]  So, it just really was weird to even know that, that it was basically an illegal foreclosure.
[01:37:06.360 --> 01:37:13.360]  So, at this point, it's like, I don't know how to really feel a goal to make the next move to make.
[01:37:13.360 --> 01:37:21.360]  I don't know if it's possible that they get, so basically, we found out that our house, the title is broken-chained
[01:37:21.360 --> 01:37:28.360]  and everything is allegedly owed and they don't have owning of the note or the mortgage.
[01:37:28.360 --> 01:37:37.360]  But my question is, is it possible that, maybe not, but is it possible that we can file for a quiet title?
[01:37:37.360 --> 01:37:39.360]  Or does that, in this case...
[01:37:39.360 --> 01:37:40.360]  Oh, no.
[01:37:40.360 --> 01:37:41.360]  No, no, no, no.
[01:37:41.360 --> 01:37:46.360]  Well, you can petition for quiet title, but that would be a pretty serious lawsuit.
[01:37:46.360 --> 01:37:52.360]  I would suggest that before you go for quiet title, talk to your attorney and say,
[01:37:52.360 --> 01:37:57.360]  you've indicated all of these things that were done improperly.
[01:37:57.360 --> 01:37:58.360]  Right.
[01:37:58.360 --> 01:38:09.360]  How about we look at this and say, what key piece of information would most undermine the other side,
[01:38:09.360 --> 01:38:16.360]  and then we go in, petition for declaratory judgment on a key piece of information
[01:38:16.360 --> 01:38:25.360]  so that when we get that key piece, that becomes collateral estoppel or resjudicata, already been adjudicated.
[01:38:25.360 --> 01:38:37.360]  And then we can come back and sue the lender directly using a judgment in a declaratory judgment suit.
[01:38:37.360 --> 01:38:44.360]  Declaratory judgment suits are very inexpensive and they don't ask for any harm,
[01:38:44.360 --> 01:38:51.360]  and they only ask the judge to rule on a point of law and declare the rights of the parties.
[01:38:51.360 --> 01:38:58.360]  If you get the declaratory judgment suit in your favor, very good chance the bank will come to the table and make a deal.
[01:38:58.360 --> 01:38:59.360]  Oh, okay.
[01:38:59.360 --> 01:39:07.360]  So basically you're saying the best thing is not to file for quiet title, but for declaratory judgment.
[01:39:07.360 --> 01:39:08.360]  Yeah.
[01:39:08.360 --> 01:39:10.360]  Quiet title is very difficult.
[01:39:10.360 --> 01:39:20.360]  There are other things you can file to tie the bank up about bringing them to the table to make a deal.
[01:39:20.360 --> 01:39:25.360]  If you petition for declaratory judgment, that's a whole suit they have to fight.
[01:39:25.360 --> 01:39:31.360]  And if they lose it, they're in a really bad place.
[01:39:31.360 --> 01:39:32.360]  Right.
[01:39:32.360 --> 01:39:33.360]  Okay.
[01:39:33.360 --> 01:39:40.360]  And you're not asking the judge to rule against the bank's ability to foreclose.
[01:39:40.360 --> 01:39:51.360]  You're just asking the bank to rule on, you want something that asks the court to rule on how the state law applies to the facts.
[01:39:51.360 --> 01:39:56.360]  The primary place I want to go to is the original lender.
[01:39:56.360 --> 01:40:06.360]  Did the original lender do a proper assignment of the mortgage to a third party before the original lender went out of business?
[01:40:06.360 --> 01:40:07.360]  Right.
[01:40:07.360 --> 01:40:08.360]  Right.
[01:40:08.360 --> 01:40:13.360]  If the state did not, then there is no proper claim in the county record.
[01:40:13.360 --> 01:40:29.360]  And you ask the court to rule that an assignment that was filed in the record was filed after the original lender went out of business and therefore is void on its face.
[01:40:29.360 --> 01:40:30.360]  You get that.
[01:40:30.360 --> 01:40:34.360]  Now you've broken chain of title.
[01:40:34.360 --> 01:40:35.360]  Okay.
[01:40:35.360 --> 01:40:42.360]  But I asked the court to rule that the assignment was filed after the original lender.
[01:40:42.360 --> 01:40:44.360]  I just got the words apart.
[01:40:44.360 --> 01:40:46.360]  We confused.
[01:40:46.360 --> 01:41:04.360]  After the original lender went out of business, if the original lender held the note or held the deed of trust and went out of business without transferring that deed of trust to someone else, they abandoned it.
[01:41:04.360 --> 01:41:09.360]  Some third party can't just come by out of the blue and say, oh, I now hold this deed of trust.
[01:41:09.360 --> 01:41:12.360]  It has to be filed in the public record.
[01:41:12.360 --> 01:41:13.360]  Oh, okay.
[01:41:13.360 --> 01:41:14.360]  Okay.
[01:41:14.360 --> 01:41:21.360]  Because it's one of the things we found and said that everything was improperly transferred.
[01:41:21.360 --> 01:41:28.360]  I didn't understand, you know, of course, in lawyer terms, what that means, but obviously.
[01:41:28.360 --> 01:41:32.360]  Send me an email in the morning and I will look.
[01:41:32.360 --> 01:41:34.360]  I'm about to your documentation.
[01:41:34.360 --> 01:41:44.360]  I will look at the, if I have the county records, I'll do a quick check and I'll give you something you can send to the lawyer.
[01:41:44.360 --> 01:41:45.360]  Okay.
[01:41:45.360 --> 01:41:46.360]  Okay.
[01:41:46.360 --> 01:41:49.360]  Would you like for me to send you the opposition report?
[01:41:49.360 --> 01:41:51.360]  Yes, I would.
[01:41:51.360 --> 01:41:52.360]  Okay.
[01:41:52.360 --> 01:41:54.360]  So that's just the information that they sent.
[01:41:54.360 --> 01:42:00.360]  And they also, the bank is basically asking us for two weeks to give them two weeks to correct everything.
[01:42:00.360 --> 01:42:01.360]  They sent the letter.
[01:42:01.360 --> 01:42:02.360]  Okay.
[01:42:02.360 --> 01:42:03.360]  Okay.
[01:42:03.360 --> 01:42:04.360]  Good luck on that.
[01:42:04.360 --> 01:42:05.360]  So I don't know how to answer that.
[01:42:05.360 --> 01:42:06.360]  Okay.
[01:42:06.360 --> 01:42:07.360]  Yeah.
[01:42:07.360 --> 01:42:08.360]  Give me a list of what's wrong.
[01:42:08.360 --> 01:42:10.360]  This is going to be things that can't correct.
[01:42:10.360 --> 01:42:11.360]  Okay.
[01:42:11.360 --> 01:42:12.360]  Okay.
[01:42:12.360 --> 01:42:13.360]  Okay.
[01:42:13.360 --> 01:42:14.360]  Okay.
[01:42:14.360 --> 01:42:15.360]  Get that to me.
[01:42:15.360 --> 01:42:17.360]  I've got one more caller and I want to get to him before we run out of time.
[01:42:17.360 --> 01:42:18.360]  Okay.
[01:42:18.360 --> 01:42:19.360]  Thank you.
[01:42:19.360 --> 01:42:20.360]  Okay.
[01:42:20.360 --> 01:42:21.360]  Thank you, Charlene.
[01:42:21.360 --> 01:42:22.360]  Okay.
[01:42:22.360 --> 01:42:24.360]  Now we're going to Ken Magnusson.
[01:42:24.360 --> 01:42:26.360]  Hello, Ken.
[01:42:26.360 --> 01:42:27.360]  Yeah.
[01:42:27.360 --> 01:42:35.360]  I haven't called in on a while and I'm involved in a criminal appeals case.
[01:42:35.360 --> 01:42:45.360]  And I'm reporting in Texas that it would appear that most cases now being filed electronically,
[01:42:45.360 --> 01:42:51.360]  which you would expect to see PDF files links on the dockets online.
[01:42:51.360 --> 01:42:58.360]  The court of appeals in criminal cases and the court of criminal appeals, they're not
[01:42:58.360 --> 01:43:03.360]  listing the document so you can't see what else has been filed.
[01:43:03.360 --> 01:43:09.360]  The briefs filed by the opposing side, even orders of the court until there's a final
[01:43:09.360 --> 01:43:13.360]  order, none of the documents are available to look.
[01:43:13.360 --> 01:43:19.360]  Now just so everybody understands what this means is people who want to do research and
[01:43:19.360 --> 01:43:24.360]  do things like theirs and look at how attorneys that are paying big money do it, you can't
[01:43:24.360 --> 01:43:28.360]  look at their briefs because they're not available publicly.
[01:43:28.360 --> 01:43:31.360]  They're hiding them.
[01:43:31.360 --> 01:43:32.360]  Okay.
[01:43:32.360 --> 01:43:33.360]  Remedy.
[01:43:33.360 --> 01:43:34.360]  Right.
[01:43:34.360 --> 01:43:37.360]  Well, there's other things we can do.
[01:43:37.360 --> 01:43:40.360]  But the issue is that they're not making it readily available.
[01:43:40.360 --> 01:43:41.360]  No.
[01:43:41.360 --> 01:43:43.360]  What I'm saying is what is our remedy?
[01:43:43.360 --> 01:43:45.360]  How do we get that fixed?
[01:43:45.360 --> 01:43:54.360]  I'm going to talk to the administrative arm of the court and find out what we can do about
[01:43:54.360 --> 01:43:55.360]  it.
[01:43:55.360 --> 01:43:59.360]  Find out whether or not we need a piece of legislation to require them to post those
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[01:46:25.360 --> 01:46:35.360]  Okay, we are back.
[01:46:35.360 --> 01:46:41.360]  Randy Kelton, Rule of Law Radio, and we're talking to Ken in Texas.
[01:46:41.360 --> 01:46:43.360]  Okay, Ken.
[01:46:43.360 --> 01:46:52.360]  So right as we went out, I stated that what we need to find out is whether there's a requirement by law for them to post these,
[01:46:52.360 --> 01:46:55.360]  or whether it's discretionary.
[01:46:55.360 --> 01:47:03.360]  And if it's discretionary, we need to see if we can get our legislators in the next legislative session to require that they post them.
[01:47:03.360 --> 01:47:08.360]  We can always go down to the court and look at them because they are part of the public record.
[01:47:08.360 --> 01:47:16.360]  So there's an interesting case out there that was about appellate records and indigent defendants,
[01:47:16.360 --> 01:47:24.360]  a case called Kelly v. State from 2014, and the Court of Criminal Appeals has the docket sheet online.
[01:47:24.360 --> 01:47:32.360]  What's very interesting about it is it's got 13 amicus curiai briefs filed with it.
[01:47:32.360 --> 01:47:38.360]  And it doesn't designate who filed them, it just says amicus curiai brief and there's 13 of them.
[01:47:38.360 --> 01:47:52.360]  So we need to find out who else had an opinion about whether or not the indigent deserved to have the clerk's record from the trial court in order to file an appeal.
[01:47:52.360 --> 01:48:04.360]  So, okay, the Kelly case was arguing that the indigent defendant didn't have a right to it?
[01:48:04.360 --> 01:48:14.360]  But if they didn't make a motion or request it specifically, the appellate court didn't have to provide it.
[01:48:14.360 --> 01:48:20.360]  So this was specifically when there was something, there's something out there called an Anders brief.
[01:48:20.360 --> 01:48:26.360]  And an Anders brief in criminal cases is basically, and this applies to the United States why?
[01:48:26.360 --> 01:48:30.360]  Because the Anders case is out of California and went to the United States Supreme Court.
[01:48:30.360 --> 01:48:40.360]  It basically says that if somebody, a lot of these cases where people go in and get a court appointed to attorney are people that went in and didn't ask their counsel to begin with.
[01:48:40.360 --> 01:48:42.360]  And they admitted everything that they did.
[01:48:42.360 --> 01:48:47.360]  So they made a confession and essentially they're convicted and then they want to appeal it.
[01:48:47.360 --> 01:48:56.360]  And basically what an Anders brief says is that there are no available issues because the party basically waived all of their issues.
[01:48:56.360 --> 01:49:02.360]  So based on the fact that there are no available issues, we don't have to represent them any longer.
[01:49:02.360 --> 01:49:23.360]  However, what it's being used for is an escape clause to allow counsel to exit a case and create hardship upon a party that has a vested interest in an appeal that has merit and now requires them to represent themselves.
[01:49:23.360 --> 01:49:29.360]  And this could happen anywhere in the United States.
[01:49:29.360 --> 01:49:34.360]  Okay, so I was taking notes there.
[01:49:34.360 --> 01:49:45.360]  This sounds like the kind of shenanigans that go on all through the courts when a indigent person has court appointed counsel.
[01:49:45.360 --> 01:50:03.360]  And if the courts are controlling these court appointed counsel in order to, and we had one client claim that his lawyer told him once he had harassed the lawyer a bit, that you don't understand.
[01:50:03.360 --> 01:50:08.360]  My only purpose is to ensure you don't have grounds for appeal.
[01:50:08.360 --> 01:50:16.360]  So you have court appointed counsel and his only purpose is to make sure you don't have grounds for appeal.
[01:50:16.360 --> 01:50:25.360]  And now when you do get appeal, now they have an escape clause for the lawyer so he doesn't have to represent the appeal.
[01:50:25.360 --> 01:50:35.360]  So we have people bringing motions that they won't file in the court and the lawyer refuses claiming they have no merit.
[01:50:35.360 --> 01:50:45.360]  The very motions that would bring appealable issues.
[01:50:45.360 --> 01:51:00.360]  The issue of counsel not advising their client not to testify on the stand and actually putting their client on the stand and exposing them to self-incrimination is, you know,
[01:51:00.360 --> 01:51:15.360]  an effective violation of, that proves that incompetent counsel, that proves ineffective defense with regards to the primary case.
[01:51:15.360 --> 01:51:25.360]  And it certainly indicates collusion with the prosecution in order to entrap the accused.
[01:51:25.360 --> 01:51:43.360]  Right. And this could lead to a, you know, Title 18, HDUNC 241 with regards to disinformation of civil rights.
[01:51:43.360 --> 01:51:45.360]  Federal code.
[01:51:45.360 --> 01:51:49.360]  Yeah, 18 U.S. Code 241 and 42.
[01:51:49.360 --> 01:51:51.360]  Right.
[01:51:51.360 --> 01:52:00.360]  And then on to a 42 U.S. Code 1983 suit against them for denial of due process.
[01:52:00.360 --> 01:52:10.360]  But do they, while they're state actors, do they violate the federal criminal statute?
[01:52:10.360 --> 01:52:17.360]  Yes. It's a federal statute that says you deprive somebody of their constitutional rights.
[01:52:17.360 --> 01:52:28.360]  It doesn't say this only applies to federal actors. It says, as a group or an individual, if you deprive somebody of their constitutional rights,
[01:52:28.360 --> 01:52:33.360]  intentionally under 241, you've committed this act, this crime.
[01:52:33.360 --> 01:52:40.360]  And it doesn't exclude judges, lawyers, and prosecutors.
[01:52:40.360 --> 01:52:45.360]  So we need to build some tools to make it easier to go after these guys.
[01:52:45.360 --> 01:52:48.360]  Right. And while it explains.
[01:52:48.360 --> 01:52:58.360]  I'm getting my software together so we can begin to do this kind of stuff relatively easily.
[01:52:58.360 --> 01:53:03.360]  Okay. I just wanted to bring the news to what was going on out there in the real world.
[01:53:03.360 --> 01:53:10.360]  And this was, this Anders brief was news to me. So we'll talk to you later. Thank you.
[01:53:10.360 --> 01:53:15.360]  Okay. Thank you, Ken. Okay. Ken and I have been talking about this Anders brief for a while.
[01:53:15.360 --> 01:53:18.360]  He's helping someone in Somerville County.
[01:53:18.360 --> 01:53:24.360]  And the courts have gotten to where they're just absolutely outrageous.
[01:53:24.360 --> 01:53:33.360]  Someone just sent me a book by a judge on how to screw pro se clients.
[01:53:33.360 --> 01:53:45.360]  The closer you look at this, the worse it gets. I'm kind of getting antsy to get my electronic lawyer out there
[01:53:45.360 --> 01:53:54.360]  because it will create a tool that will allow someone who doesn't really know anything about law
[01:53:54.360 --> 01:53:59.360]  who gets into one of these situations to go into a questionnaire.
[01:53:59.360 --> 01:54:06.360]  And we will examine all of these kinds of issues. We'll keep track of all of these different things that come up.
[01:54:06.360 --> 01:54:18.360]  Build a questionnaire to ferret out the facts and then write the backside documents so that whichever facts emerge
[01:54:18.360 --> 01:54:24.360]  and whichever accusations emerge, the system will just automatically spit these documents out
[01:54:24.360 --> 01:54:33.360]  so that at the end of the day, an ordinary person who's not a legal professional
[01:54:33.360 --> 01:54:41.360]  can go to a set of questionnaires and extract all of the legal elements and facts related to those elements,
[01:54:41.360 --> 01:54:48.360]  generate the documents that he needs, and get those in the court.
[01:54:48.360 --> 01:54:58.360]  If we can get this thing fully implemented, we will bring consistency to the court.
[01:54:58.360 --> 01:55:06.360]  You know, I talk about in my ebook that we don't ask the courts to dispense justice
[01:55:06.360 --> 01:55:16.360]  because justice is a decision that the judge makes based on his personal prerogatives.
[01:55:16.360 --> 01:55:21.360]  I'm not too particularly interested in what the judge thinks is just today
[01:55:21.360 --> 01:55:27.360]  because he might have just run across someone that looked like me on the way to work
[01:55:27.360 --> 01:55:31.360]  who cut him off and give him the finger. Now he comes in and looks at me
[01:55:31.360 --> 01:55:36.360]  and he feels like it would be justice for him to pay somebody back that looks like me.
[01:55:36.360 --> 01:55:43.360]  I want the judge to follow law, but the judge can't follow law unless you can bring it to him.
[01:55:43.360 --> 01:55:55.360]  Lawyers just don't have the law. I'm amazed at how ignorant of the applicable law lawyers are.
[01:55:55.360 --> 01:55:59.360]  Lawyers don't dig out the law books and figure out what the law says
[01:55:59.360 --> 01:56:05.360]  and then do what the law says and then educate things according to the law.
[01:56:05.360 --> 01:56:11.360]  What lawyers do is what other lawyers have been doing and what other lawyers have taught them to do.
[01:56:11.360 --> 01:56:17.360]  And other lawyers who have done these things, they've progressed through the ranks and they've become judges
[01:56:17.360 --> 01:56:23.360]  and they all tend to do the same things over and over.
[01:56:23.360 --> 01:56:28.360]  Treat each case essentially the same because they don't want to do all the hard work
[01:56:28.360 --> 01:56:32.360]  and it's not because they're lazy, it's because all that hard work costs money
[01:56:32.360 --> 01:56:36.360]  and the whole system is about the money.
[01:56:36.360 --> 01:56:41.360]  Your lawyer is not in business to protect your rights, he's in business to make money.
[01:56:41.360 --> 01:56:46.360]  If it's going to cost him money to adjudicate your rights, he's not going to adjudicate them
[01:56:46.360 --> 01:56:52.360]  unless you know what they are, know what motions and pleadings should be filed
[01:56:52.360 --> 01:56:56.360]  and if he don't file it, you bargrive him or malpractice suit him
[01:56:56.360 --> 01:57:06.360]  and it costs him more money to railroad you than it would to actually work in your behalf.
[01:57:06.360 --> 01:57:10.360]  The only way we're going to get lawyers back to where they can do their jobs
[01:57:10.360 --> 01:57:15.360]  without having to be afraid the judges are going to sanction them every time they turn around
[01:57:15.360 --> 01:57:20.360]  is for the lawyer to come in with a knowledgeable client.
[01:57:20.360 --> 01:57:28.360]  A client who can direct the lawyer and put the lawyer in a position to where when he goes before the judge
[01:57:28.360 --> 01:57:31.360]  with these actions the judge doesn't want to hear.
[01:57:31.360 --> 01:57:35.360]  The lawyer has plausible deniability and can say,
[01:57:35.360 --> 01:57:43.360]  my client knows as much as me he's going to kick my behind so I'm more afraid of my client than I am of you.
[01:57:43.360 --> 01:57:48.360]  So once we can get this relatively consistent
[01:57:48.360 --> 01:57:53.360]  we will make the law at least somewhat more fair for everyone.
[01:57:53.360 --> 01:57:59.360]  At least that's my purpose and that's my hope and this is what I've been working for for ten years.
[01:57:59.360 --> 01:58:04.360]  It's finally all coming together and I hope that when I get on the air next week
[01:58:04.360 --> 01:58:12.360]  I will be able to tell you that I have traffic ticket website up and fully functioning
[01:58:12.360 --> 01:58:18.360]  beyond just the first set of documents so we can start analyzing the cases
[01:58:18.360 --> 01:58:21.360]  and really taking these guys on.
[01:58:21.360 --> 01:58:23.360]  We are out of time.
[01:58:23.360 --> 01:58:24.360]  Thank you all for listening.
[01:58:24.360 --> 01:58:27.360]  We'll be back next week at the same time.
[01:58:27.360 --> 01:58:32.360]  Make sure you tune into Eddie's traffic class on Mondays
[01:58:32.360 --> 01:58:40.360]  and Thursday we do our two hours show and then Friday back for our four hour info marathon.
[01:58:40.360 --> 01:58:50.360]  Thank you all for listening and good night.
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[01:59:11.360 --> 01:59:20.360]  Call us toll free at 888-551-0102 or visit us online at bfa.org.
[01:59:20.360 --> 01:59:27.360]  This translation is highly accurate and it comes with over 13000 cross references plus charts and maps
[01:59:27.360 --> 01:59:30.360]  and an outline for every book of the Bible.
[01:59:30.360 --> 01:59:32.360]  This is truly a Bible you can understand.
[01:59:32.360 --> 01:59:40.360]  To get your free copy of the New Testament Recovery Version call us toll free at 888-551-0102.
[01:59:40.360 --> 01:59:49.360]  That's 888-551-0102 or visit us online at bfa.org.
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