ROL_2018-02-23_16k_Hr3-4.timecode
[00:00.000 --> 00:07.640] The following newsflash is brought to you by The Lone Star Lowdown.
[00:07.640 --> 00:15.480] Markets for Wednesday 21 February 2018 closed with gold at $1,324.64 an ounce, silver $16.50
[00:15.480 --> 00:24.680] an ounce, Texas crude $61.90 a barrel, bitcoins at $10,673.20, Ethereum's $851.12, Bitcoin
[00:24.680 --> 00:31.440] cash $1,308.63 and finding litecoins at $214.03 a crypto coin.
[00:31.440 --> 00:40.760] Today in History, the year 1965, black nationalist icon Malcolm X is assassinated at the Auburn
[00:40.760 --> 00:42.400] Ballroom in New York City.
[00:42.400 --> 00:46.400] He stated just two days before being shot in an interview with Gordon Parks that the
[00:46.400 --> 00:49.320] nation of Islam was actively trying to kill him.
[00:49.320 --> 00:57.440] In recent news, the White House released a memo on Tuesday the 20th where President
[00:57.440 --> 01:02.000] Trump ordered Attorney General Jeff Sessions to direct the DOJ to propose new regulations
[01:02.000 --> 01:06.480] to ban firearm modifications like bump stocks and all devices that turn legal weapons into
[01:06.480 --> 01:07.680] machine guns.
[01:07.680 --> 01:11.480] President Trump also tweeted later that evening that, quote, whether we are Republican or Democrat,
[01:11.480 --> 01:14.480] we must now focus on strengthening background checks.
[01:14.480 --> 01:18.640] This initiative in reaction, of course, to last week's school shooting in Parkland, Florida
[01:18.640 --> 01:24.080] that killed 17 people, White House Press Secretary Sarah Sanders will relate to Tuesday, as well
[01:24.080 --> 01:27.920] that the president expressed his support for efforts to improve the federal background
[01:27.920 --> 01:28.920] system.
[01:28.920 --> 01:33.080] In the coming days, we will continue to explore ways to ensure the safety and security of
[01:33.080 --> 01:39.920] our schools.
[01:39.920 --> 01:43.840] Cape Town, South Africa is the first major city of its size to be facing a water shortage
[01:43.840 --> 01:48.880] with day zero of the tap running dry, essentially being July 9th, emergency services and hospitals
[01:48.880 --> 01:52.000] will continue to be supplied with water, but everyone else will be left to the mercy of
[01:52.000 --> 01:56.760] natural springs for drinking, washing and cleaning with the shortage affecting everyone
[01:56.760 --> 01:59.160] from drinking to water waste management.
[01:59.160 --> 02:03.040] A million households are expected to be affected, officials lay the blame on three years of
[02:03.040 --> 02:06.840] drought while residents blame their local representatives and national leaders dragging
[02:06.840 --> 02:10.560] their feet and coming to a budget to diversify the city water system.
[02:10.560 --> 02:15.160] A lot of hopeful plans and desalination plans, water recycling facilities and getting the
[02:15.160 --> 02:18.920] natural springs onto the national supply, but unfortunately government is really slow
[02:18.920 --> 02:23.520] in getting things done and nothing substantial has been achieved in any of these areas.
[02:23.520 --> 02:27.440] To add irony to the crisis, Cape Town sits on a huge natural water reserve with about
[02:27.440 --> 02:29.240] 70 springs around the city.
[02:29.240 --> 02:33.520] There have been consumption limits set to 50 liters per person per day from their home
[02:33.520 --> 02:36.560] and 25 liters per person per visit at the springs.
[02:36.560 --> 02:39.960] Luckily many of the province's farmers have been able to divert water to Cape Town as they
[02:39.960 --> 02:40.960] turn for a extension.
[02:40.960 --> 02:46.600] The Lowstar Lowdown is currently looking for sponsors to hit the product or a service
[02:46.600 --> 02:49.600] you'd like to advertise with us, feel free to give me a call at 210-363-2257.
[02:49.600 --> 03:16.600] This was Rick Rody with your Lowdown for February 21st, 2018.
[03:16.600 --> 03:34.840] Okay, we are back, Randy Kelton, Ruvlau Radio and we're talking to Chris and Leslie and
[03:34.840 --> 03:43.600] we're going to go to Leslie, there we go, okay Leslie, what's your take on all of this?
[03:43.600 --> 03:51.240] Well, they say in all the right documentation that I've been doing research on, on subject
[03:51.240 --> 03:58.480] matter jurisdiction that in Pennsylvania, jurisdiction can be challenged in any court
[03:58.480 --> 04:03.680] at any time under any circumstances.
[04:03.680 --> 04:08.600] And I don't know why, they kicked mine out for being late because it's jurisdiction.
[04:08.600 --> 04:24.480] Okay, here's an in consideration concerning jurisdiction, a judge is immune from civil
[04:24.480 --> 04:31.720] litigation so long as he acts within scope.
[04:31.720 --> 04:38.880] Once jurisdiction is challenged, jurisdiction is lost and must be presumed, must be proven,
[04:38.880 --> 04:44.840] it may not be presumed, neither may it be waived.
[04:44.840 --> 04:52.760] So if the judge does not have subject matter jurisdiction, even if he had it, when you
[04:52.760 --> 04:59.280] challenged it, if he didn't prove it and it is the judge that must prove jurisdiction,
[04:59.280 --> 05:04.600] they generally get opposing the opposing counsel to do that, but at the end of the day, it's
[05:04.600 --> 05:12.880] the judge's duty to prove jurisdiction, but if he don't have it, he don't have any immunity
[05:12.880 --> 05:13.880] at all.
[05:13.880 --> 05:14.880] Exactly.
[05:14.880 --> 05:24.400] So I would suggest you send a tort letter to the court and a criminal complaint against
[05:24.400 --> 05:29.680] the judge for exerting and purporting to exert the story he does not expressly have.
[05:29.680 --> 05:38.040] File that with the local prosecutor and see how that works for him.
[05:38.040 --> 05:43.640] See, that's the thing, there's me being out here in Arizona, for me to represent myself,
[05:43.640 --> 05:48.640] I'd have to go back there and study and I don't like the cold weather.
[05:48.640 --> 05:59.040] Okay, the attorney that I do have, he's very teachable, so he knows anything.
[05:59.040 --> 06:04.040] Well, okay, criminal complaints, that doesn't have anything to do with your attorney and
[06:04.040 --> 06:05.880] you don't have to be there.
[06:05.880 --> 06:06.880] Okay.
[06:06.880 --> 06:13.680] The best way to handle criminal complaints is to sharp shoot them from a distance.
[06:13.680 --> 06:23.840] You send a verified criminal affidavit to the prosecuting attorney from Arizona.
[06:23.840 --> 06:26.320] They got no way to get to you.
[06:26.320 --> 06:34.120] They can't deal with you, they can't reason with you.
[06:34.120 --> 06:39.840] You just set the law for them and when the prosecutor blows you off, then you sting
[06:39.840 --> 06:40.840] the prosecutor.
[06:40.840 --> 06:44.160] It's all about creating politics.
[06:44.160 --> 06:46.160] Politics, yeah.
[06:46.160 --> 06:47.160] Yeah.
[06:47.160 --> 06:54.360] And in Pennsylvania, when I first looked at it, I thought, this is horrible, we don't
[06:54.360 --> 06:56.960] have access to a grand jury in Pennsylvania.
[06:56.960 --> 07:04.840] And then when I looked closer, holy mackerel, we got standing.
[07:04.840 --> 07:07.840] You can take that judge all the way to the supreme.
[07:07.840 --> 07:15.440] Which by the way, the attorney in the supreme court, we filed a notice, a petition for Alec
[07:15.440 --> 07:23.240] Keter, so we're waiting on a decision on that because I've said all the way...
[07:23.240 --> 07:25.840] Okay, I'm talking about criminal.
[07:25.840 --> 07:26.840] No.
[07:26.840 --> 07:29.840] We can't do that in any other state.
[07:29.840 --> 07:32.200] Only in Pennsylvania that I know of.
[07:32.200 --> 07:38.320] Do you have standing to take the decisions to prosecute to the supreme?
[07:38.320 --> 07:42.200] Well, I think that might be worth my while.
[07:42.200 --> 07:46.480] Oh, that would be able to stir them up.
[07:46.480 --> 07:50.520] I know here in Texas, it really gets their attention.
[07:50.520 --> 07:59.000] When you start filing criminal charges, I've never got any public official indicted.
[07:59.000 --> 08:06.000] That friend of mine came to me once, his son-in-law worked for the Tarrant County Sheriff's Department
[08:06.000 --> 08:08.720] and he got grand jury duty.
[08:08.720 --> 08:14.560] So he came to Jim and wanted to know why my picture was hanging up in the grand jury room
[08:14.560 --> 08:21.680] with a note that said, you see this man called security.
[08:21.680 --> 08:29.680] That told me criminal complaints against public officials really get their attention.
[08:29.680 --> 08:33.400] They're never going to admit it to you.
[08:33.400 --> 08:38.040] If we're going to get in the fight and I've got a sore shoulder, the last thing I'm going
[08:38.040 --> 08:42.800] to do is turn to you and point at that sore spot and say, you see this sore spot?
[08:42.800 --> 08:46.760] Whatever you do, don't hit me there.
[08:46.760 --> 08:55.280] Okay, you will help me draft a criminal complaint because I already filed a judicial
[08:55.280 --> 08:57.760] conduct complaint against the jerk.
[08:57.760 --> 08:58.760] Good.
[08:58.760 --> 09:04.520] Then a criminal complaint, a good way to do criminal complaints is you file one with
[09:04.520 --> 09:07.360] the judicial conduct.
[09:07.360 --> 09:08.840] Here's the deal.
[09:08.840 --> 09:12.440] Goes to magistrates.
[09:12.440 --> 09:15.080] Every judge is a magistrate.
[09:15.080 --> 09:23.120] When I file a judicial conduct complaint against a judge here and criminal complaints are
[09:23.120 --> 09:32.640] implicated, I include a verified criminal affidavit because on the panel, there are
[09:32.640 --> 09:35.880] always four judges.
[09:35.880 --> 09:39.720] There are four judges and then two civilians.
[09:39.720 --> 09:41.760] One's a public official, one's not.
[09:41.760 --> 09:44.920] There are four judges.
[09:44.920 --> 09:50.040] Every judge in Texas wears two hats.
[09:50.040 --> 09:54.360] One is a judge's hat, the other is a magistrate's hat.
[09:54.360 --> 09:59.600] When that judge, while acting in his official capacity, hasn't been known to him by a verified
[09:59.600 --> 10:07.800] criminal affidavit that a crime has been committed, it has a duty to hold an examining trial.
[10:07.800 --> 10:15.000] If he doesn't, I get to go after him.
[10:15.000 --> 10:20.320] All four of those judges, they are not going to be happy campers because they're sitting
[10:20.320 --> 10:23.240] judges somewhere in Texas.
[10:23.240 --> 10:24.240] There's a county judge.
[10:24.240 --> 10:31.160] I think there's two county judges and two district judges or a county district appellate
[10:31.160 --> 10:32.160] court judges.
[10:32.160 --> 10:37.280] There's an array and they're not going to like.
[10:37.280 --> 10:43.920] You file in criminal charges against them, accusing them of suing these other judges
[10:43.920 --> 10:50.920] from prosecution because they have political adversaries and you're creating cannon fodder
[10:50.920 --> 10:51.920] for them.
[10:51.920 --> 10:54.240] Here's something better.
[10:54.240 --> 11:01.720] You know, during my appeal, they had put a motion to quash my appeal because of the
[11:01.720 --> 11:09.320] 1925 thing by the opposition to put that in and the judge, at that time, that handles
[11:09.320 --> 11:17.720] the docket, the judge that handles the immediate thing, put in an order saying no, that will
[11:17.720 --> 11:23.640] not be quashed for that reason because it's jurisdictional and, you know, it may be addressed
[11:23.640 --> 11:29.080] later, you know, but after these briefs are filed.
[11:29.080 --> 11:33.280] So when they come back and we filed our briefs and everything, the three judges that were
[11:33.280 --> 11:39.640] appointed to it said, we can't look at this, it's past time.
[11:39.640 --> 11:41.480] We have no jurisdiction to look at it.
[11:41.480 --> 11:46.640] So can I file criminal charges against those three judges?
[11:46.640 --> 11:47.640] Absolutely.
[11:47.640 --> 11:50.640] And you can file it in the Fed.
[11:50.640 --> 11:55.640] The rule is take the state to the Fed and the Fed to the state.
[11:55.640 --> 11:56.640] Okay.
[11:56.640 --> 12:04.080] Okay, 18 U.S. code 242, public official fails due to his crime of form and process, nausea
[12:04.080 --> 12:08.840] and form-free access to, or enjoyment of life, that's crime.
[12:08.840 --> 12:14.880] And when I filed criminal charges against the federal judge with the SAC and Dallas,
[12:14.880 --> 12:18.840] I had no feedback from them.
[12:18.840 --> 12:24.120] But I had three other people file my petition for declaratory judgment that I was filing
[12:24.120 --> 12:32.200] in for closure cases, and Judge McBride stopped dismissing them when they were filed by process.
[12:32.200 --> 12:33.200] He just stopped.
[12:33.200 --> 12:36.680] They went right to discovery.
[12:36.680 --> 12:42.720] He dismissed my declaratory judgment suit for failure to stay to claim, and he dismissed
[12:42.720 --> 12:46.560] it with prejudice.
[12:46.560 --> 12:51.080] He did that the same day I non-suited.
[12:51.080 --> 12:54.240] So he didn't hurt me.
[12:54.240 --> 12:59.040] I no longer had a dog in the hunt because the lawyer on the other side told the judge
[12:59.040 --> 13:04.400] he should dismiss this because Wells Fargo wasn't the lender.
[13:04.400 --> 13:08.960] And the Wells Fargo was the agent for the lender.
[13:08.960 --> 13:11.280] The lawyers screwed up.
[13:11.280 --> 13:12.280] So I non-suited.
[13:12.280 --> 13:18.680] I said, oh my goodness, my dad, I thought since Wells Fargo was doing the foreclosure
[13:18.680 --> 13:23.680] that they were either the lender or the agent for the lender.
[13:23.680 --> 13:24.680] Apparently not.
[13:24.680 --> 13:25.680] So I non-suited.
[13:25.680 --> 13:27.560] That way I create collateral stop-up.
[13:27.560 --> 13:34.720] The same day the judge dismissed with prejudice, I went straight to the special agent in charge
[13:34.720 --> 13:39.360] in Dallas and filed a criminal against him.
[13:39.360 --> 13:43.560] And I didn't have time to follow up on those guys because of this traffic ticket thing
[13:43.560 --> 13:50.160] of this legal lawyer I'm putting together that's been swallowing all my time.
[13:50.160 --> 13:55.120] But I've had three people file declaratory judgments, my declaratory judgment.
[13:55.120 --> 13:59.600] And you see my documents, I have a special style that I use.
[13:59.600 --> 14:03.880] The judge looked at that and he absolutely recognized that document.
[14:03.880 --> 14:09.640] He knew I wrote it, but he did not dismiss them.
[14:09.640 --> 14:20.320] When criminal charges works, the biggest thing it does, political cannon fodder.
[14:20.320 --> 14:24.760] And the district attorney for Travis County taught me that.
[14:24.760 --> 14:28.280] When I tried to file a habeas corpus with the highest court in Texas, we got two high
[14:28.280 --> 14:35.120] courts, one for criminal supreme for several court appeals for criminal, filed a habeas
[14:35.120 --> 14:36.120] with them.
[14:36.120 --> 14:40.520] I handed motion for leave to file, I said, screw that, you don't have power to grant
[14:40.520 --> 14:43.920] or deny leave, this is a habeas, the great writ.
[14:43.920 --> 14:46.960] The clerk said, I can't take it without a motion for leave.
[14:46.960 --> 14:51.200] So I'm trying to get this kid out of jail, so I filed a motion for leave.
[14:51.200 --> 14:54.000] They denied me leave to file a habeas corpus.
[14:54.000 --> 15:02.040] So out of fact, Jack, see how that works for you, took me a year and finally won our
[15:02.040 --> 15:08.160] role, the Travis County district attorney gave it to the grand jury.
[15:08.160 --> 15:15.000] And I thought it was all of my eloquent oratory and all the pressure I put on him.
[15:15.000 --> 15:22.000] Turned out, 25 year district attorney, the guy that took out Tom Delay illegally, speaker
[15:22.000 --> 15:28.880] of the house, the local district attorney, takes him out, gets him prosecuted and nobody
[15:28.880 --> 15:31.520] ever accused him of a crime.
[15:31.520 --> 15:35.040] He was legally illegal.
[15:35.040 --> 15:44.400] This guy, the runner was a scoundrel, he's a democrat, all nine of these judges from
[15:44.400 --> 15:49.960] the court of criminal appeals are republicans.
[15:49.960 --> 15:56.600] He used my complaint as cannon fodder to try to take those guys out with him.
[15:56.600 --> 15:59.280] That was a valuable lesson.
[15:59.280 --> 16:02.680] That's what these guys are afraid of.
[16:02.680 --> 16:05.240] They're not afraid of you.
[16:05.240 --> 16:10.080] They're afraid you're generating political cannon fodder for their opponents.
[16:10.080 --> 16:14.880] And when they run for office again, your opponent is going to pull out that complaint and say,
[16:14.880 --> 16:21.920] this is what these guys are doing, the public has to file criminal charges against them.
[16:21.920 --> 16:23.920] And it doesn't matter.
[16:23.920 --> 16:28.160] They're going to say, well, those were frivolous.
[16:28.160 --> 16:33.360] But when you talk into the public, they're not necessarily going to construe those as
[16:33.360 --> 16:34.360] frivolous.
[16:34.360 --> 16:35.360] And these guys know it.
[16:35.360 --> 16:38.360] The end, it's all political.
[16:38.360 --> 16:39.360] Hang on.
[16:39.360 --> 16:41.360] I'm about to go to break them.
[16:41.360 --> 16:44.480] Hasn't way too much fun with this lesson.
[16:44.480 --> 16:49.920] And I guarantee you, when you start filing criminal charges, you will find everything
[16:49.920 --> 16:51.400] begins to change.
[16:51.400 --> 17:00.400] Brand to kill rule of law radio, we'll be right back.
[17:00.400 --> 17:01.400] Dang cookies.
[17:01.400 --> 17:02.400] Cookie?
[17:02.400 --> 17:03.400] Me love cookies.
[17:03.400 --> 17:04.400] Oh, hi, Cookie Munchers.
[17:04.400 --> 17:06.400] No, these are yucky cookies.
[17:06.400 --> 17:07.400] Cookie?
[17:07.400 --> 17:08.400] Yucky?
[17:08.400 --> 17:09.400] No, no bad cookies.
[17:09.400 --> 17:11.400] You can't even eat these cookies.
[17:11.400 --> 17:12.400] These are cyber cookies.
[17:12.400 --> 17:13.400] No cookies?
[17:13.400 --> 17:14.400] No.
[17:14.400 --> 17:17.400] They are cyber cookies and they clog up your computer.
[17:17.400 --> 17:18.400] These have apples.
[17:18.400 --> 17:19.400] Really?
[17:19.400 --> 17:20.400] Oh, that's an actual apple.
[17:20.400 --> 17:22.400] Hmm, yummy apple.
[17:22.400 --> 17:26.400] I'm going to throw away these yucky cookies in the trash.
[17:26.400 --> 17:32.400] I click control, shift, delete, and then scroll down to cookies and clear them.
[17:32.400 --> 17:34.400] Bye bye yucky cookies.
[17:34.400 --> 17:40.400] Now, I go to logosradionetwork.com and I click on the Amazon box on the upper right-hand
[17:40.400 --> 17:46.400] side, bookmark the link, and I can go to Amazon through this link and order you some yummy
[17:46.400 --> 17:47.400] new cookies.
[17:47.400 --> 17:48.400] No cookies?
[17:48.400 --> 17:49.400] For me?
[17:49.400 --> 17:51.400] They're better than early Christmas presents.
[17:51.400 --> 17:56.400] And every time I order on Amazon, I go through this link and I give a little present to this
[17:56.400 --> 17:57.400] radio network too.
[17:57.400 --> 17:58.400] These are cookies.
[17:58.400 --> 18:00.400] These look like surprise.
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[19:00.400 --> 19:11.400] If you are listening to the Logos at Radio Network, www.logosradionetwork.com.
[19:11.400 --> 19:14.400] Well, don't let nothing get to you.
[19:14.400 --> 19:17.400] Only the father can deliver you.
[19:17.400 --> 19:20.400] So don't let backmine people hurt you.
[19:20.400 --> 19:23.400] Until they can get behind you.
[19:23.400 --> 19:25.400] Know what I mean?
[19:25.400 --> 19:31.400] My friend, Nala Jackson.
[19:31.400 --> 19:33.400] Hey, we are back.
[19:33.400 --> 19:36.400] Randy Kelton, rule of law radio, and we're talking to Leslie and Chris.
[19:36.400 --> 19:43.400] Leslie and Chris, both of you have been in litigation for quite a while.
[19:43.400 --> 19:47.400] I want to make both of you a proposal.
[19:47.400 --> 19:53.400] You know, I've been working on this electronic lawyer for a long time.
[19:53.400 --> 20:02.400] And I have worked out some strategies that I would like to talk to both of you about
[20:02.400 --> 20:09.400] in terms of taking all of this work you've done and all of this research you've done
[20:09.400 --> 20:16.400] and turn it into a tool that everybody else can use.
[20:16.400 --> 20:29.400] And you can find other researchers who've done the same thing, so we can begin to accumulate a reservoir of proof-said knowledge.
[20:29.400 --> 20:32.400] And I'll explain how to do this.
[20:32.400 --> 20:45.400] I have a, we will, the method I will use is I'll have you sit down and imagine you have someone who's in a situation similar to yours.
[20:45.400 --> 20:53.400] And you sit them down and what would be the first question you would ask the person?
[20:53.400 --> 20:57.400] And then I always try to ask the question because yes, no answer.
[20:57.400 --> 20:59.400] And I always assume the answer yes.
[20:59.400 --> 21:02.400] And ask all the questions you would ask until you get to the last question.
[21:02.400 --> 21:06.400] And I have some software that I use for that purpose.
[21:06.400 --> 21:16.400] It's essentially a mind map. I'm in the process of trying to get someone to build me a different map that's all HTML.
[21:16.400 --> 21:24.400] The one I have is a proprietary software. It is open source, but it's written in Java.
[21:24.400 --> 21:26.400] It's paying the name in the neck.
[21:26.400 --> 21:32.400] It has all the functionality I need, but converting it to a web page is a little difficult.
[21:32.400 --> 21:36.400] I'm working on getting a difference tool for that.
[21:36.400 --> 21:38.400] But at the meantime, I have this one that works.
[21:38.400 --> 21:41.400] That'll let you capture all the questions you would ask.
[21:41.400 --> 21:46.400] And when you get to the last question, you back up and assume the question before they said no.
[21:46.400 --> 21:47.400] What would you ask?
[21:47.400 --> 21:48.400] And you keep asking on.
[21:48.400 --> 21:55.400] When you get back to the first question you asked, I got your entire knowledge base on this subject.
[21:55.400 --> 22:03.400] Now I want to get someone else to look at it, like get Chris and Leslie to do one.
[22:03.400 --> 22:10.400] And then both of you look at the others and look at, well, I put this, I'd ask this question here and that question there.
[22:10.400 --> 22:18.400] We develop a sophisticated database for all this knowledge.
[22:18.400 --> 22:27.400] And then we take people in other issues similar and have them do the same thing and then we merge all these together.
[22:27.400 --> 22:31.400] Is it making sense where I'm going here?
[22:31.400 --> 22:32.400] Yeah.
[22:32.400 --> 22:33.400] Yeah.
[22:33.400 --> 22:37.400] Are you referencing like discovery in this?
[22:37.400 --> 22:41.400] Like questions you would ask in discovery kind of type setting?
[22:41.400 --> 22:57.400] Okay, you will find when you start doing this, that this will organize what you're doing in a way that makes everything you're doing much, much more simple.
[22:57.400 --> 23:04.400] Right now, you've done all this research and you've got all this information in your mind.
[23:04.400 --> 23:17.400] And when you're going through this information, you reference these other things you've learned sometimes, but not always.
[23:17.400 --> 23:31.400] You wind up going down this line of research and you get two thirds of the way down and you realize, I'm going down the wrong road here or I've already been down this path before.
[23:31.400 --> 23:32.400] Right.
[23:32.400 --> 23:37.400] I know you've been there because I'm there all the time.
[23:37.400 --> 23:46.400] Once you take the knowledge that you have and codify it into a questionnaire this way, you can go down that questionnaire.
[23:46.400 --> 23:58.400] And all of a sudden, all this stuff you've learned becomes very organized and you begin to see things you didn't see before.
[23:58.400 --> 24:06.400] I started out yesterday morning is I did an audit of an arrest.
[24:06.400 --> 24:10.400] And it starts out, were you arrested on a warrant?
[24:10.400 --> 24:24.400] If they say no, then that links to a different questionnaire that says that goes to, were you arrested on a front onsite offense and that goes to probable cause.
[24:24.400 --> 24:32.400] Analyze the probable cause for the arrest. So if you're arrested on a warrant, I'd look like it would be a fairly simple questionnaire.
[24:32.400 --> 24:44.400] Two days later, this thing's getting bigger and bigger because I'm beginning to notice things that I have missed.
[24:44.400 --> 24:54.400] Possibilities and eventualities that I hadn't seen before because I was thinking of the arrest procedures as a whole.
[24:54.400 --> 25:05.400] But when I start writing them down and putting them in this map in the location they go, all of a sudden you see these big gaps that you have missed.
[25:05.400 --> 25:15.400] Are these possibilities you've missed? Were you arrested? Yes. On an existing warrant? Yes. Were you taken to jail? No.
[25:15.400 --> 25:21.400] Were you released on a promise to appear? No.
[25:21.400 --> 25:25.400] So I put in, what the heck? Explained.
[25:25.400 --> 25:33.400] And then I go back and I build out more of it. And then I'm going back to it and I looked at that and said, wait a minute, explain.
[25:33.400 --> 25:42.400] No, no, no. Were you held on suspicion? Something I totally missed. I dropped that in there.
[25:42.400 --> 25:51.400] And these issues keep coming out. And when you're in a litigation, do this in your litigation.
[25:51.400 --> 25:59.400] You will become consistent in a way that the lawyer is not.
[25:59.400 --> 26:04.400] You will hit on stuff the lawyer never thought about.
[26:04.400 --> 26:14.400] Kind of what I was doing to you earlier, Chris, is I was being real pedantic, taking things so far in little big pieces.
[26:14.400 --> 26:22.400] Once you codify this into a map, there'll be big gaps of stuff missing in your map.
[26:22.400 --> 26:33.400] And you really won't notice the missing until you look at the map and you follow it down and then all of a sudden that reference you missed will jump right out at you.
[26:33.400 --> 26:43.400] And you just drop a question in there. What started me years ago on building this map was, I was building a little questionnaire, Deborah and I were.
[26:43.400 --> 26:52.400] Somebody called in the show and asked me if I knew what Frank's hearing was. And yeah, I've heard of it, but I don't remember what it was. So after the show, I looked it up.
[26:52.400 --> 26:57.400] And when I saw what it was, I said, oh, in the macro, how could I ever have forgotten that?
[26:57.400 --> 27:04.400] Frank's hearing is hearing for the purpose of determining the veracity of a police officer who testified for a magistrate's secure warrant.
[27:04.400 --> 27:11.400] You get to subpoena a judge. Oh, they go crazy when you subpoena a judge.
[27:11.400 --> 27:16.400] So I go back in my questionnaire and I look at where you're arrested. Yes.
[27:16.400 --> 27:23.400] Were you arrested on an existing warrant? Yes. Do you have reason to believe that this is I broke it apart?
[27:23.400 --> 27:31.400] And you know, generally, what you're resting is just a warrant and it said, yes, we've taken directly to the nearest magistrate.
[27:31.400 --> 27:41.400] I broke that apart and said, put in a question. Do you have reason to believe that the officer who testified for the magistrate's secure warrant lied to the magistrate?
[27:41.400 --> 27:50.400] And if you say yes, then it goes to Frank's hearing. If you say no, then it says we're taking directly to the nearest magistrate.
[27:50.400 --> 27:56.400] So I broke it apart and just stitched them back together and added this question in between.
[27:56.400 --> 28:07.400] It never ever forgets to address that issue. And that's what will happen when you start mapping this out. Go ahead, Chris.
[28:07.400 --> 28:16.400] No, no. I was just thinking, you know, everything is in comparison that you look at. So it's an interesting project.
[28:16.400 --> 28:27.400] Have you looked at trying to use Excel micros in evaluating any of those things where you just add a yes or no and allow it to just...
[28:27.400 --> 28:37.400] You would not believe how much I have. I have massive amounts of information this way.
[28:37.400 --> 28:51.400] I did the American Bar Association standards this way several years ago, and I've got to go back to them. I'm just in the process right now as I have a rest.
[28:51.400 --> 28:58.400] Were you arrested? Yes. Were you arrested on an existing warrant? Yes, no.
[28:58.400 --> 29:08.400] Were you arrested for an on-site offense? Yes. If you say yes, it jumps to a different questionnaire. And as we move through this,
[29:08.400 --> 29:16.400] were you held for questioning? Yes, it jumps to a different questionnaire. Were you taken to the nearest magistrate? Yes.
[29:16.400 --> 29:23.400] Did the magistrate find probable cause? No. Were you released? Yes. It goes to a different one.
[29:23.400 --> 29:31.400] Were you released on a promise to appear? Yes. It goes to a different questionnaire. All these questionnaires are linked together.
[29:31.400 --> 29:43.400] Everything that has to do with an arrest. Any one of these questionnaires, a regular computer would have trouble opening them.
[29:43.400 --> 29:56.400] I have a processor overclocked four-speed gaming machine. I've got two of them. One's a notebook, one's my desktop. And they groan opening these questionnaires.
[29:56.400 --> 30:16.400] Hang on, we'll be right back.
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[33:22.400 --> 33:27.400] Okay, we are back. Randy Kelton, Rule of Law Radio.
[33:27.400 --> 33:41.400] And I'm kind of excited to talk about this because I'm in the final stages of developing out the technology.
[33:41.400 --> 33:54.400] And it's showing me some really sophisticated stuff and it's showing me something about the nature of law that was not apparent before.
[33:54.400 --> 34:06.400] You walk into a legal library in the old days before all the computers and you see rows and rows and rows and rows of legal books.
[34:06.400 --> 34:20.400] Treatises, encyclopedias, federal reporters, Southwest reporters, Pacific, Atlantic reporters, and all of them have hundreds and hundreds of books in them.
[34:20.400 --> 34:25.400] And you look at that and say, Jiminy, quick.
[34:25.400 --> 34:35.400] The law is so incredibly complex that no near human being could ever understand all this stuff.
[34:35.400 --> 34:40.400] And lawyers get the impression that what they do is an art form.
[34:40.400 --> 34:46.400] And that is simply not true.
[34:46.400 --> 34:52.400] What this tool demonstrated is 20 questions works.
[34:52.400 --> 34:55.400] We've all heard of 20 questions.
[34:55.400 --> 35:05.400] In 20 questions, we can get to just about anything. So if I stand in front of this legal library with all this masses of information,
[35:05.400 --> 35:13.400] the first thing I can do is take all of those books that are more than 20 years old and trash them.
[35:13.400 --> 35:18.400] I've cut that legal library down a whole lot.
[35:18.400 --> 35:26.400] Okay, now I ask a question. Does your case go to criminal civil?
[35:26.400 --> 35:33.400] No matter which way you answer it, I just cut that library in half again.
[35:33.400 --> 35:41.400] And if it's criminal, what were you charged with?
[35:41.400 --> 35:50.400] And you go to that statute and I've just cut that library by probably a factor of 200.
[35:50.400 --> 35:53.400] Now I've got this small section I'm looking at.
[35:53.400 --> 35:55.400] That's all I care about. I don't care about all those other stuff.
[35:55.400 --> 36:00.400] Doesn't have anything to do with what I'm doing here.
[36:00.400 --> 36:07.400] What lawyers held that caused them to believe that what they're doing is an art form
[36:07.400 --> 36:16.400] is over time they learned how to make links to other codes.
[36:16.400 --> 36:27.400] Where did your opposing counsel have an ex parte communication with the judge
[36:27.400 --> 36:32.400] without notifying you or your counsel? If you say yes.
[36:32.400 --> 36:38.400] The lawyer who's been around a while will recognize that that not only implicates
[36:38.400 --> 36:42.400] a motion to disqualify the judge.
[36:42.400 --> 36:50.400] It implicates cannons of judicial ethics, the bar association standards,
[36:50.400 --> 36:57.400] penal code, a civil malpractice suit.
[36:57.400 --> 37:06.400] It implicates at least four other codes, sets a code.
[37:06.400 --> 37:12.400] And their experience tells them when to jump out of these other issues.
[37:12.400 --> 37:17.400] Well, what this does is codify those links.
[37:17.400 --> 37:22.400] It literally becomes a legal neural net.
[37:22.400 --> 37:28.400] Human beings are not very good at memorizing massive amounts of information.
[37:28.400 --> 37:34.400] And lawyers spend lifetimes learning how to make all these connections.
[37:34.400 --> 37:41.400] Well, this tool will take all of those connections and hardware.
[37:41.400 --> 37:45.400] And once you've hardwareed it, you don't have to worry about that anymore.
[37:45.400 --> 37:51.400] And when you can move through this questionnaire and you don't have to make all these connections,
[37:51.400 --> 37:54.400] it does it because you've already programmed it in,
[37:54.400 --> 38:00.400] then you can think more critically and more focused on more finite issues
[38:00.400 --> 38:04.400] and make more sophisticated determinations.
[38:04.400 --> 38:08.400] I started two days ago on arrest.
[38:08.400 --> 38:16.400] And while the map that I have created for arrest is huge,
[38:16.400 --> 38:24.400] it will, my eight processor four gig clock speed groans trying to run that thing.
[38:24.400 --> 38:27.400] I know what's going to happen.
[38:27.400 --> 38:34.400] As I keep adding in these issues, once I get it fairly well fleshed out,
[38:34.400 --> 38:41.400] I'm going to have issues that keep coming up over and over.
[38:41.400 --> 38:46.400] When you go down this line asking for taking the yes answer each time,
[38:46.400 --> 38:50.400] you address all of the basic issues.
[38:50.400 --> 38:55.400] As you start backing up and turning the yes into a no,
[38:55.400 --> 39:00.400] you start addressing variations off the basic issue.
[39:00.400 --> 39:05.400] And what as you back up what you notice begins to happen is on this question,
[39:05.400 --> 39:11.400] the guy said no, so I'll ask one, two, maybe three, four questions to address the no.
[39:11.400 --> 39:16.400] Then I'll go back to the issues I would have had addressed anyway.
[39:16.400 --> 39:21.400] There are certain amount of issues that are always present.
[39:21.400 --> 39:29.400] And no matter what line of this map, I go to all of these issues are going to be there.
[39:29.400 --> 39:36.400] So I take that issue, once I have that issue developed out and I save it out of a separate map.
[39:36.400 --> 39:43.400] So when I get to where I would go to that issue instead of copying the map down to this line,
[39:43.400 --> 39:46.400] I just linked to that map.
[39:46.400 --> 39:49.400] DUI.
[39:49.400 --> 39:54.400] DUI was so big that when I put it in my wife's brand new notebook,
[39:54.400 --> 39:57.400] it took it 30 minutes to open it.
[39:57.400 --> 40:05.400] But once I went in and started taking these individual issues out and saving them as a separate file
[40:05.400 --> 40:09.400] and calling them when I needed them, it broke it down.
[40:09.400 --> 40:11.400] So it's just drink fast.
[40:11.400 --> 40:14.400] But that wasn't the main thing.
[40:14.400 --> 40:21.400] The main thing was I only have 19 of those files.
[40:21.400 --> 40:26.400] This questionnaire was so huge it shut down my eight processor machine.
[40:26.400 --> 40:29.400] There were only 19 issues.
[40:29.400 --> 40:34.400] They kept coming up over and over in all kinds of different places.
[40:34.400 --> 40:37.400] But there were only 19 issues.
[40:37.400 --> 40:48.400] And it caused me to take a step back and look at this litigation process again from a whole different perspective.
[40:48.400 --> 40:54.400] Guys, this law is not as complex as lawyers would like you to think.
[40:54.400 --> 40:58.400] Law is not as complex as lawyers like to think.
[40:58.400 --> 41:09.400] And when we get this thing done, you walk into court with this questionnaire in front of you.
[41:09.400 --> 41:14.400] And when something occurs, you go down to the questionnaire to the spot they're at,
[41:14.400 --> 41:19.400] you will tear these guys to shreds.
[41:19.400 --> 41:24.400] You'll take them to issues they never imagined.
[41:24.400 --> 41:31.400] When they take on an issue, you go to that issue and you've got the whole thing mapped out.
[41:31.400 --> 41:37.400] I'm looking forward to a process coming into court with this tool
[41:37.400 --> 41:48.400] and having the same level of knowledge available to him as the most experienced lawyer in the house.
[41:48.400 --> 41:52.400] And so far he is doing that.
[41:52.400 --> 42:01.400] I do have some sophistication that I haven't developed yet because it's obviously things that come up that I haven't ran into yet.
[42:01.400 --> 42:04.400] But we have the basic in place.
[42:04.400 --> 42:13.400] And the most remarkable part of this is this tool has no logic in it.
[42:13.400 --> 42:17.400] It has no intelligence.
[42:17.400 --> 42:20.400] It's always just connecting the dots.
[42:20.400 --> 42:24.400] We could have done this 40 years ago.
[42:24.400 --> 42:28.400] It's all straightforward. It is not hard.
[42:28.400 --> 42:32.400] It's complex and it's involved, but it's not hard.
[42:32.400 --> 42:36.400] Once you've done this, you will become a power to be reckoned with.
[42:36.400 --> 42:42.400] And then I want to take what you've done and make it available to everybody else out there.
[42:42.400 --> 42:51.400] And we will eliminate the profession of the lawyer and get lawyers to pay us to do it.
[42:51.400 --> 42:56.400] You know, I told us to use the illustration of a Frank's hearing.
[42:56.400 --> 43:01.400] When I talk to lawyers about this, I always use that illustration.
[43:01.400 --> 43:03.400] I tell them, oh, I lift it up.
[43:03.400 --> 43:08.400] And I thought, how the heck could I ever have forgotten that?
[43:08.400 --> 43:14.400] And the lawyer is always sitting there thinking, what the heck is a Frank's hearing?
[43:14.400 --> 43:16.400] But they fear the most is missing something.
[43:16.400 --> 43:19.400] I've never had one know what it is.
[43:19.400 --> 43:22.400] Missing something terrifies lawyers.
[43:22.400 --> 43:25.400] Don't terrify our process, but just terrify the lawyers.
[43:25.400 --> 43:30.400] And if you come in with it, they're going to have to have it.
[43:30.400 --> 43:37.400] And when they get it, they fill in all our empty spaces and you come in with the empty spaces filled.
[43:37.400 --> 43:41.400] We'll eliminate the profession of lawyer and they can know we're doing it.
[43:41.400 --> 43:43.400] They'll still have to pay us to do it.
[43:43.400 --> 43:45.400] Hang on, Randy Kelton.
[43:45.400 --> 43:46.400] Rural Law Radio.
[43:46.400 --> 44:08.400] We'll be right back.
[44:16.400 --> 44:43.400] We'll be right back.
[44:46.400 --> 44:51.400] We're located at 7304 Burnett Road, Suite A, about a half mile south of Anderson.
[44:51.400 --> 44:54.400] We're open Monday through Friday, 10 to 6, Saturdays, 10 to 2.
[44:54.400 --> 45:00.400] Visit us at CapitalCoinandBullion.com or call 512-646-6440.
[45:00.400 --> 45:04.400] Are you the plaintiff or defendant in a lawsuit?
[45:04.400 --> 45:11.400] Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand four-CD course
[45:11.400 --> 45:15.400] that will show you how in 24 hours, death by step.
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[46:23.400 --> 46:27.400] Okay, we are back. Randy Kelton, rule of law radio.
[46:27.400 --> 46:32.400] And I need to apologize to Leslie and Chris.
[46:32.400 --> 46:40.400] I hijacked you guys to promote my own agenda.
[46:40.400 --> 46:42.400] It's wonderful.
[46:42.400 --> 46:43.400] It is.
[46:43.400 --> 46:47.400] You know, I think we had this discussion about a year ago on my patio one night
[46:47.400 --> 46:50.400] when I called into the shop when I was originally starting this case.
[46:50.400 --> 46:53.400] It's been seven years since I've been talking to you about it.
[46:53.400 --> 46:57.400] Yes, I've been working on this for 10 years.
[46:57.400 --> 46:58.400] Yeah.
[46:58.400 --> 47:02.400] And there's something that's very satisfying about this.
[47:02.400 --> 47:05.400] I'm basically an engineer.
[47:05.400 --> 47:10.400] You give me a problem, and I look around to find all the parameters.
[47:10.400 --> 47:14.400] When I went to college, first day electronic theory.
[47:14.400 --> 47:18.400] They get our tuition, they get us all set down in class, and the professor walks in.
[47:18.400 --> 47:23.400] He walks out over the class, and he says, electricity.
[47:23.400 --> 47:26.400] We don't know what it is.
[47:26.400 --> 47:28.400] Huh?
[47:28.400 --> 47:34.400] So we're all sitting there looking at each other thinking, what in the heck is going on here?
[47:34.400 --> 47:39.400] And then he goes on to say, but we do know some things that it does.
[47:39.400 --> 47:45.400] And based on our experience, we have developed certain theorems, axioms, and postulates that describe what it does.
[47:45.400 --> 47:50.400] I assure you, electronic career, never forget, we don't know what it is.
[47:50.400 --> 47:57.400] So if you encounter a phenomenon that does not match one of our theorems, axioms, and postulates,
[47:57.400 --> 48:03.400] quick like a bunny rabbit, throw out those theorems, axioms, and postulates.
[48:03.400 --> 48:07.400] Never throw out phenomena.
[48:07.400 --> 48:17.400] And for me, that was probably the most valuable 10 minutes of my education.
[48:17.400 --> 48:26.400] Because it taught me to look at the details, look for what is actually there, instead of what I think is there.
[48:26.400 --> 48:33.400] And then when I start a project, the first thing I do is try to gather up all of the components.
[48:33.400 --> 48:37.400] He went on to talk about Mother Nature. Mother Nature has all these rules.
[48:37.400 --> 48:41.400] First rule. Mother Nature enforces all of her laws.
[48:41.400 --> 48:49.400] I'm sorry, Mother Nature has all these laws. Mother Nature enforces all of her laws all of the time.
[48:49.400 --> 48:53.400] She doesn't care about your theorems, axioms, and postulates.
[48:53.400 --> 49:01.400] So when I look at an issue, I try to figure out what are the laws governing?
[49:01.400 --> 49:05.400] What is consistent? What's always there?
[49:05.400 --> 49:10.400] And when I develop something, it's always a process.
[49:10.400 --> 49:17.400] You can't give me a project and I come up with you an answer. I don't do it. The engineer doesn't.
[49:17.400 --> 49:25.400] If a good engineer, he starts the process and then pays attention to what the project does.
[49:25.400 --> 49:29.400] And if he pays attention, the project will teach him what to do.
[49:29.400 --> 49:33.400] So I've been 10 years with this and this thing has been teaching me a lot.
[49:33.400 --> 49:37.400] I really didn't develop this. It developed itself.
[49:37.400 --> 49:46.400] And my job was to sit here and pay attention to what worked and what didn't work and keep what worked and throw out what didn't work.
[49:46.400 --> 49:56.400] It didn't matter how much I thought of it. If I come up with this great idea and it didn't work right,
[49:56.400 --> 50:00.400] it doesn't make any difference how much time I've spent on it.
[50:00.400 --> 50:09.400] I'm in the process now of building a piece of equipment that my son and I designed while he was going to college.
[50:09.400 --> 50:15.400] The second pre-production prototype, I put about $60,000 in it. Got it all built.
[50:15.400 --> 50:22.400] We mounted it on a forklift, fired it up. I ran it for about 30 minutes and told the guy I was with,
[50:22.400 --> 50:27.400] okay, you can cut it up now. He couldn't believe it.
[50:27.400 --> 50:35.400] I said, well, it told me what I needed to know, but it also told me that this design won't work.
[50:35.400 --> 50:41.400] He said, because you got $60,000 in it. What's that got to do with anything?
[50:41.400 --> 50:45.400] It won't work. It won't work. Throw it out.
[50:45.400 --> 50:49.400] And this has been a 10-year process of that kind of thing.
[50:49.400 --> 50:53.400] And so I really didn't design this thing. It designed itself.
[50:53.400 --> 51:05.400] And now I have enough pieces in place that now I can get other people to help me expand this project.
[51:05.400 --> 51:13.400] Guys, we can change everything.
[51:13.400 --> 51:20.400] These courts count on a pro se not knowing what's going on.
[51:20.400 --> 51:26.400] With you and Leslie putting together this map for Pennsylvania,
[51:26.400 --> 51:34.400] we will give these Pennsylvania judges a walk through the legal system they will not believe.
[51:34.400 --> 51:40.400] I'm about to do that with traffic in Texas. Go ahead, Leslie.
[51:40.400 --> 51:44.400] I have to laugh because they need a romp.
[51:44.400 --> 51:48.400] They are really...
[51:48.400 --> 51:54.400] The interesting part about what we're talking about here is just kind of what we discussed tonight.
[51:54.400 --> 52:04.400] You see how things that were in litigation in the beginning of these cases are the things that we follow up with to get a judgment.
[52:04.400 --> 52:11.400] So when you look at your building this through a yes or no on a fork in the road and coming to these terms,
[52:11.400 --> 52:16.400] at some point it seems like you're going to have to reverse engineer this as you well know
[52:16.400 --> 52:22.400] that if I look at the winning cases and I figure out what won the case for me,
[52:22.400 --> 52:29.400] was it something that I had done early on and then I can eliminate all of that fodder in the middle
[52:29.400 --> 52:38.400] that was just what 85% of lawyers do is drag you through these laws they know they can appeal and file a motion
[52:38.400 --> 52:42.400] and just drag you on knowing they're never going to win.
[52:42.400 --> 52:50.400] So basically what you've done is you've taken that one step that had you winning in the very beginning
[52:50.400 --> 52:56.400] and extrapolating on that to the end because you know the end result was that
[52:56.400 --> 53:02.400] what you've gone through was just a waste of the court and your time.
[53:02.400 --> 53:13.400] Precisely. This gets the adjudication of cases absolutely consistent
[53:13.400 --> 53:22.400] and it's my position that we do not want judges dispensing justice.
[53:22.400 --> 53:29.400] This is relative to whether or not the judge's wife chewed him out this morning
[53:29.400 --> 53:33.400] or some guy cut him off in traffic.
[53:33.400 --> 53:39.400] We want law to be adjudicated consistently.
[53:39.400 --> 53:45.400] If the law as it's written does not lead to just outcomes,
[53:45.400 --> 53:50.400] that's the job of the legislature to fix.
[53:50.400 --> 53:54.400] The legislation has them change the law so it leads to just outcomes.
[53:54.400 --> 53:59.400] It's the place of the judge to determine the facts in accordance with the rules of evidence,
[53:59.400 --> 54:02.400] apply the laws that comes to him to the facts in the case.
[54:02.400 --> 54:08.400] We don't care what he likes, doesn't like, what he thinks is just, what he thinks is not just.
[54:08.400 --> 54:16.400] He has a job to do and if he steps outside that job I intend to land on him like a ton of bricks.
[54:16.400 --> 54:21.400] Once we get a consistent adjudication then we can predict our outcomes.
[54:21.400 --> 54:24.400] Right. That's where you're going to head with this whole thing.
[54:24.400 --> 54:35.400] And when the pros say the guy who knows nothing can come into court with the same law that the lawyer has,
[54:35.400 --> 54:39.400] then we'll get fair adjudication of law.
[54:39.400 --> 54:43.400] I have this tool set up for traffic.
[54:43.400 --> 54:53.400] And once I have it, within a month I will have it, all of the pieces inside it.
[54:53.400 --> 54:59.400] So when you come to court, you don't have to know anything.
[54:59.400 --> 55:07.400] You get a ticket, you fill in the ticket information, I drop you down 100 some odd pages of documentation, you file it.
[55:07.400 --> 55:15.400] And then when the action is going to turn out to be a whole lot more than that when I evaluate the probable cause for the arrest,
[55:15.400 --> 55:21.400] all of the procedures in between, every time a public official steps the wrong way,
[55:21.400 --> 55:31.400] we spit out criminal complaints, professional conduct complaints, bar grievances, judicial conduct, everything that's indicated.
[55:31.400 --> 55:36.400] We will flood these guys with documentation.
[55:36.400 --> 55:40.400] Every step they take, if they take the step their own direction,
[55:40.400 --> 55:43.400] we hammer them with every tool that's available.
[55:43.400 --> 55:46.400] And the guy that got the ticket, he don't know how.
[55:46.400 --> 55:49.400] I have to know squat.
[55:49.400 --> 55:54.400] He just answers the question, the system dumps the information on him, Simon sent it.
[55:54.400 --> 55:59.400] They call him into court and they want them to argue these issues, objection.
[55:59.400 --> 56:10.400] Demand that the court rule on the pleadings, it would be a gross miscarriage of justice to pit a private citizen against a shyster, sharp-practicing lawyer.
[56:10.400 --> 56:14.400] Move the court to rule on the pleadings.
[56:14.400 --> 56:23.400] I'm suggesting that we don't get jury trials because we want to hold the judge responsible for determining the facts in accordance to rules of evidence.
[56:23.400 --> 56:29.400] Apply the laws, come see them to the facts in the case, we're not going to push this on a jury. We want to go after that judge.
[56:29.400 --> 56:35.400] Every movie makes, we examine it with a microscope.
[56:35.400 --> 56:40.400] This will change everything.
[56:40.400 --> 56:42.400] And that's my story, I'm sticking to it.
[56:42.400 --> 56:47.400] And now I need to go to Leslie because Leslie, I kind of hijacked you from the beginning.
[56:47.400 --> 56:52.400] That's okay. I'm really enjoying it.
[56:52.400 --> 56:56.400] What did you want to bring today?
[56:56.400 --> 57:08.400] Well, I wanted to let you know about the appeal to the Supreme Court and what they did about quashing my appeal and that they had originally said they weren't going to quash the appeal.
[57:08.400 --> 57:16.400] And my lawyer's head's spinning. I mean, he says, how can you do this because you said already that it wasn't going to be quashed?
[57:16.400 --> 57:25.400] You know, that kind of thing. So I was like, well, you know, there's something going on here and I'm going to take care of it.
[57:25.400 --> 57:33.400] Have you, did I ever send you a copy of my request for financial disclosure from the judges?
[57:33.400 --> 57:45.400] No. But because there's four different judges now involved, I'm just going to apply all criminal complaints and see what lies.
[57:45.400 --> 57:59.400] The interesting part about that is when you file criminal complaints, a district judge in Pennsylvania is authorized to convene a grand jury.
[57:59.400 --> 58:13.400] And there is a very good chance that when you start filing criminal complaints against other judges, you put the judge in an untenable position.
[58:13.400 --> 58:28.400] If the judge elects not to pursue prosecution against another judge and you appeal that to the court of appeals and up to the Supreme, it looks bad for him.
[58:28.400 --> 58:37.400] So the best thing he can do is get that out of his hands and get it to a grand jury.
[58:37.400 --> 58:44.400] So it doesn't look like he's shielding his buddy judge from prosecution.
[58:44.400 --> 58:45.400] Right?
[58:45.400 --> 58:50.400] And whether it gets to a grand jury or not.
[58:50.400 --> 58:54.400] Would you like to make more definite progress in your walk with God?
[58:54.400 --> 59:01.400] Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.400 --> 59:07.400] The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:07.400 --> 59:14.400] It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:14.400 --> 59:19.400] The free books are a three-volume set called Basic Elements of the Christian Life.
[59:19.400 --> 59:28.400] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:28.400 --> 59:40.400] Your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
[59:40.400 --> 59:44.400] That's 888-551-0102.
[59:44.400 --> 59:49.400] Or visit us online at bfa.org.
[59:49.400 --> 59:59.400] You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:19.400 --> 01:00:32.400] Today in history, the year 1965 black nationalist icon Malcolm X was assassinated at the Awborn Ballroom in New York City.
[01:00:32.400 --> 01:00:46.400] He stated just two days before being shot in an interview with Gordon Parks that the nation of Islam was actively trying to kill him.
[01:00:46.400 --> 01:00:50.400] Today in history.
[01:00:50.400 --> 01:01:04.400] In recent news, the White House released a memo on Tuesday the 20th where President Trump ordered Attorney General Jeff Sessions to direct the DOJ to propose new regulations to ban firearm modifications like bump stocks and all devices that turn legal weapons into machine guns.
[01:01:04.400 --> 01:01:11.400] President Trump also tweeted later that evening that, quote, whether we are Republican or Democrat, we must now focus on strengthening background checks.
[01:01:11.400 --> 01:01:17.400] This initiative, in reaction, of course, to last week's school shooting in Parkland, Florida, that killed 17 people.
[01:01:17.400 --> 01:01:26.400] White House Press Secretary Sarah Sanders will relate to Tuesday as well that the President expressed his support for efforts to improve the federal background system.
[01:01:26.400 --> 01:01:39.400] In the coming days, we will continue to explore ways to ensure the safety and security of our schools.
[01:01:39.400 --> 01:01:47.400] Cape Town, South Africa is the first major city of its size to be facing a water shortage with day zero of the tap running dry, essentially being July 9th.
[01:01:47.400 --> 01:01:58.400] Emergency services and hospitals will continue to be supplied with water, but everyone else will be left to the mercy of natural springs for drinking, washing and cleaning, with the shortage affecting everyone from drinking to water waste management.
[01:01:58.400 --> 01:02:10.400] A million households are expected to be affected. Officials lay the blame on three years of drought while residents blame their local representatives and national leaders dragging their feet and coming to a budget to diversify the city water system.
[01:02:10.400 --> 01:02:22.400] A lot of hopeful plans and desalination plans, water recycling facilities and getting the natural springs onto the national supply, but unfortunately government is really slow in getting things done and nothing substantial has been achieved in any of these areas.
[01:02:22.400 --> 01:02:35.400] To add irony to the crisis, Cape Town sits on a huge natural water reserve with about 70 springs around the city. There have been consumption limits set to 50 liters per person per day from their home and 25 liters per person per visit at the springs.
[01:02:35.400 --> 01:02:40.400] Luckily, many of the province's farmers have been able to divert water to Cape Town as a temporary extension.
[01:02:40.400 --> 01:02:57.400] The Lowstar Lowdown is currently looking for sponsors. To have a product or a service you'd like to advertise with us, feel free to give me a call at 210-363-2257. This was Rick Rody with your Lowdown for February 21st, 2018.
[01:03:10.400 --> 01:03:29.400] We are back. We're at the Calcum and Wheel of Law Radio. We're talking to Leslie in Pennsylvania. Chris, did you have anything else we needed to address for you?
[01:03:29.400 --> 01:03:41.400] That was pretty much it. I'll try to get you an email so you can send me what you'd like to send me as far as your project.
[01:03:41.400 --> 01:03:44.400] Do some of that. Yeah, that'd be great.
[01:03:44.400 --> 01:03:59.400] Okay, you might go to trafficticket.website. On the front, I've got a couple of links. The first one goes to an input page. You can just go in there and put in some junk information.
[01:03:59.400 --> 01:04:07.400] It'll spit you out a set of documents. The second link goes to the actual software. It goes to the questionnaires.
[01:04:07.400 --> 01:04:19.400] I'll show you how the questionnaires works. Okay. Thank you, Chris. Leslie, what else do you have for us?
[01:04:19.400 --> 01:04:33.400] Well, we've got a couple of things going. I have a friend who's going... I don't know if you recall, he had a forgery in his title, and he had gone for a quiet title, and they brought in the title company.
[01:04:33.400 --> 01:04:45.400] It was very confusing, and they finally just dropped a case after they had filed quiet title again. Not my friend, but the bank filed for quiet title in the local court.
[01:04:45.400 --> 01:04:51.400] So now they're getting ready with a Dragon Eddie action, and that's...
[01:04:51.400 --> 01:04:55.400] Hold on. Explain Dragon Eddie.
[01:04:55.400 --> 01:05:15.400] Mm-hmm. A Dragon Eddie action has to have three different elements. A case has to be filed with no hope of surviving, of being able to accomplish what you're trying to do.
[01:05:15.400 --> 01:05:27.400] It's like a fake filing, frivolous, but it also has to be done with malice, and you also have to... You there?
[01:05:27.400 --> 01:05:29.400] Yeah.
[01:05:29.400 --> 01:05:31.400] Hello?
[01:05:31.400 --> 01:05:33.400] Yes, I'm here.
[01:05:33.400 --> 01:05:43.400] Oh, I thought you lost me. Hold on just a second. Let me plug in.
[01:05:43.400 --> 01:05:52.400] There. I plugged in. Okay. Now, with those different things there, then you can get three times your damages.
[01:05:52.400 --> 01:06:03.400] And in your damages, you can do FDCPA or similar type. Well, I calculated it out. He's looking at 20 million.
[01:06:03.400 --> 01:06:15.400] And while he's setting this together, while the lawyer is writing this, I wrote it up, book it to the lawyer, he took it to a Dragon Eddie expert, and now they're getting ready to file it.
[01:06:15.400 --> 01:06:28.400] So while he's doing that, they filed for foreclosure, and they never served him. They wanted to... What do you call it?
[01:06:28.400 --> 01:06:35.400] Now they're trying to get a... What do you call it? A service by...
[01:06:35.400 --> 01:06:37.400] Publication.
[01:06:37.400 --> 01:06:42.400] Yeah, something like that. Alternative service, they call it, something like that.
[01:06:42.400 --> 01:06:44.400] Yes.
[01:06:44.400 --> 01:06:57.400] But they haven't gotten an order for that yet, and now they have finally... The lawyer in the case has filed a response to the foreclosure that they never got,
[01:06:57.400 --> 01:07:05.400] to the foreclosure action. And in the meantime, they're going to file in another court. You cannot file a Dragon Eddie at the same time you have.
[01:07:05.400 --> 01:07:13.400] In the same case that you have a foreclosure, it has to be done separately.
[01:07:13.400 --> 01:07:30.400] That is interesting because in Texas we have a petition for court of inquiry, and you petition a district court to request a court of inquiry,
[01:07:30.400 --> 01:07:39.400] and the district court cannot hear the court of inquiry. They have to request that another district judge hear the court of inquiry.
[01:07:39.400 --> 01:07:48.400] This sounds like a variation of court of inquiry. I just pulled up the Dragon Eddie Act.
[01:07:48.400 --> 01:07:49.400] Yes.
[01:07:49.400 --> 01:07:57.400] I love named pleadings. I have great fun with them. Okay, go ahead on Dragon Eddie Act.
[01:07:57.400 --> 01:08:10.400] So this action is because they filed all of this stuff as a client title while he had another client title in the federal court, and then when he took... This is weird.
[01:08:10.400 --> 01:08:21.400] When he took the second filed client title to the federal court because the original one was taken by the bank to the federal court,
[01:08:21.400 --> 01:08:35.400] then the banker's attorney got, believe it or not, sanctions against him for taking it to the federal court. I mean, this is ridiculous. The whole thing is ridiculous.
[01:08:35.400 --> 01:08:41.400] So in the end, it's going to work out because he's going to storm over Royal.
[01:08:41.400 --> 01:08:44.400] Wonderful.
[01:08:44.400 --> 01:08:53.400] Well, I'm going to do some research on the Dragon Eddie Act. The Dragon Eddie Act was passed in 1980 by the Pennsylvania legislature.
[01:08:53.400 --> 01:09:13.400] It is a law that is specifically designed to allow those who have been named as defendants in civil actions to sue those that have pursued them if they believe that the actions were a wrongful use of civil proceedings.
[01:09:13.400 --> 01:09:15.400] That is cool.
[01:09:15.400 --> 01:09:27.400] Yeah. So we're going to get him on that. And, you know, like I said, we're just... We just keep hammering him away at him and somebody's going to have to win sometime.
[01:09:27.400 --> 01:09:42.400] And I hope this guy does because his wife is... Him and his wife are from another country. And it's all I can do to explain things to him, much less him explaining to her because she doesn't understand the legal system at all.
[01:09:42.400 --> 01:09:53.400] She's very upset. She thinks she's going to lose her house and we've tried to tell her otherwise because there is no mortgage on the house.
[01:09:53.400 --> 01:10:06.400] There physically is no mortgage on the house. The mortgage that is recorded is a bonafide forage group. And he has evidence that he wasn't even in Washington, D.C. when it was signed.
[01:10:06.400 --> 01:10:15.400] Now, why would he go to Washington, D.C. when he worked in Chester County, Pennsylvania?
[01:10:15.400 --> 01:10:21.400] So is there a chance somebody else took out a mortgage on his house?
[01:10:21.400 --> 01:10:44.400] No. No. There's a... I don't want to go into it on the air as to the full story behind it, but it is a forgery. There's no question about that because there were other documents done the same day that do not look like that.
[01:10:44.400 --> 01:10:51.400] And we're not signed in that date and we're not signed in that county at the same time.
[01:10:51.400 --> 01:10:53.400] Interesting.
[01:10:53.400 --> 01:11:07.400] Yeah. I mean, it's an actual forgery. What happened was that money was stolen out of the settlement of another issue and created this mortgage to cover their loss.
[01:11:07.400 --> 01:11:09.400] This sounds complex.
[01:11:09.400 --> 01:11:20.400] It is. It is. But by the same token, his wife says, but they've filed a foreclosure action. You know, I mean, she doesn't understand.
[01:11:20.400 --> 01:11:21.400] Yeah.
[01:11:21.400 --> 01:11:30.400] But it all works out. And it's fine, but I hope it's anybody when they say she does because it's just a whole bad situation.
[01:11:30.400 --> 01:11:32.400] Yeah.
[01:11:32.400 --> 01:11:34.400] That happens like that sometimes.
[01:11:34.400 --> 01:11:36.400] Yeah, it does.
[01:11:36.400 --> 01:11:39.400] Okay. Do you have anything else for us?
[01:11:39.400 --> 01:11:50.400] Yeah. That's it. I think I'm going to work on some criminal complaints again. And I might ask for a little help later before I send them out, you know.
[01:11:50.400 --> 01:11:54.400] Okay. How long do I have?
[01:11:54.400 --> 01:11:58.400] I will make myself available.
[01:11:58.400 --> 01:12:03.400] How long do I have to do that? Or is it weird?
[01:12:03.400 --> 01:12:18.400] It depends on what the allegation is. The lowest is generally two years. And as it goes up into felonies, five, and depending on the nature of it, you don't have a lot of time.
[01:12:18.400 --> 01:12:28.400] Okay. We're all going to work on that and get a mall sentence. And I think the earlier I get it done, the better off it'll be for me because this is in the Supreme Court and I'm more mall talking.
[01:12:28.400 --> 01:12:33.400] Yeah, exactly. I'd like to file criminal charges immediately.
[01:12:33.400 --> 01:12:36.400] Kiss their attention.
[01:12:36.400 --> 01:12:45.400] Yeah. I really want to see them chattering away saying, what can this for?
[01:12:45.400 --> 01:12:50.400] Thank you for your dealing with the incident.
[01:12:50.400 --> 01:13:04.400] Okay. Okay. Thank you very much, Leslie. And I've got two more callers and we should have time to get to both of them. Thank you very much, Leslie, and get a hold of me off the air and I'll help you with those criminal complaints.
[01:13:04.400 --> 01:13:06.400] Okay. See you later.
[01:13:06.400 --> 01:13:11.400] Okay. Bye. Okay. Now we're going to John in New York. Hello, John.
[01:13:11.400 --> 01:13:21.400] Hi, Randy. Thank you. I'll try to be as fast as I can. I have several questions and situations to tell you and I'll do it as efficiently as I can.
[01:13:21.400 --> 01:13:31.400] It's Virginia's foreclosure. The judge, of course, the history goes, the judge found in favor of HSBC Bank.
[01:13:31.400 --> 01:13:42.400] There are some of the things the bank did illegally. The bank filed their foreclosure too late after seven years. New York State statute of limitations of six years.
[01:13:42.400 --> 01:13:50.400] And I'll have a question on that in a minute. Next, there are three assigned, just to remind you, there are three assignments of mortgage.
[01:13:50.400 --> 01:13:57.400] The chain of title in the public record does not match the chain of title for the endorsements to the note.
[01:13:57.400 --> 01:14:02.400] Next. Here, hold on.
[01:14:02.400 --> 01:14:19.400] Next, I found it was written that in New York State, if you file an assignment and you are not the proper party to do so, and it was not signed before a notary and to witnesses, it is always considered fraud automatically.
[01:14:19.400 --> 01:14:29.400] Next, the New York State statute of limitations of six years. I take it that that means the bank foreclosed illegally and the judge allowed it.
[01:14:29.400 --> 01:14:41.400] One attorney told me because they waited longer than six years, means absolutely nothing. All it means is a portion of the money owed by the defendant is wiped out.
[01:14:41.400 --> 01:14:58.400] But the foreclosure is all on and all okay and all legal. That somehow doesn't sound right. What are all the charges that I can file against the judge and the bank's attorney for being part of a fraudulent case?
[01:14:58.400 --> 01:15:12.400] I called the commission on judicial conduct today. I told them I want to file charges against the judge for allowing the bank to file after the six year statute of limitations and he didn't throw it out of court.
[01:15:12.400 --> 01:15:29.400] Hold on. Question. I haven't looked at specifically New York law, but federal law says that statute of limitations is not a bar. It is an affirmative defense that must be pledged.
[01:15:29.400 --> 01:15:39.400] So did the person being foreclosed on plea the affirmative defense of statute of limitations?
[01:15:39.400 --> 01:15:45.400] Probably not because she probably... I don't know. That's a good question, but I bet she did not.
[01:15:45.400 --> 01:15:51.400] If she did not, then they can foreclose because statute of limitations is not a bar.
[01:15:51.400 --> 01:16:08.400] Boy, you know Randy, that doesn't seem right. If you or I brought an action before a court as individuals and we went outside our window of time, time limit, it would be thrown out of court in 15 seconds.
[01:16:08.400 --> 01:16:19.400] Well, only if it was challenged, the affirmative defense has to be brought. The court would not throw it out suesponte.
[01:16:19.400 --> 01:16:24.400] So in other words, the judge had no obligation to throw it out automatically.
[01:16:24.400 --> 01:16:34.400] Right. Well, they wouldn't if it was in the Fed. I'm not sure specifically how New York works, but I'm going to bet it's the same.
[01:16:34.400 --> 01:16:39.400] That stinks. That stinks to Haydn. You and I both know that.
[01:16:39.400 --> 01:16:47.400] Yeah, but we have to deal with it all the way it is. And unfortunately, that's how it stands.
[01:16:47.400 --> 01:17:00.400] Hang on, we're about to go to break. Randy Kelton, we'll have our radio. I call it number 5126461984. We'll be right back.
[01:17:00.400 --> 01:17:07.400] I love logos. Without the shows on this network, I'd be almost as ignorant as my friends. I'm so addicted to the truth now that there's no going back.
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[01:17:13.400 --> 01:17:20.400] I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't have any money to give because I spent it all on supplements.
[01:17:20.400 --> 01:17:22.400] How can I help logos?
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[01:19:00.400 --> 01:19:20.400] This is the Logos Logos Radio Network.
[01:19:30.400 --> 01:19:36.400] Okay, we are back. Randy Kelton, rule of law radio, and we're talking to John in New York.
[01:19:36.400 --> 01:19:43.400] Okay, John, sorry about the statute of limitations thing.
[01:19:43.400 --> 01:19:55.400] It was one of the things I came across kind of in the same context you did that it was unfortunate, but the client had failed to address it.
[01:19:55.400 --> 01:20:02.400] Okay. What do you have next in line?
[01:20:02.400 --> 01:20:08.400] Okay, I want to hit the judge and the bank's attorney with everything, including the kitchen sink.
[01:20:08.400 --> 01:20:23.400] Tell me everything that I can hit them with. I spoke to the Commission on Judicial Conduct today, and I told them that I wanted also to have charges against the judge for having, in general,
[01:20:23.400 --> 01:20:29.400] the judges and their pensions tied up with the banks, the same banks that they would be ruling against.
[01:20:29.400 --> 01:20:34.400] So the rule against the bank is to rule against their pension.
[01:20:34.400 --> 01:20:51.400] Okay, another issue that has been addressed before, and there is a legal maxim that says when all are disqualified, none are disqualified.
[01:20:51.400 --> 01:21:09.400] And this falls under that maxim in order to have standing, you would have to be able to show that there was actual malice or actual
[01:21:09.400 --> 01:21:29.400] improprieties on the part of the judge because of this investment relationship. And what the court's going to say is this is an agency that handles investment for judges.
[01:21:29.400 --> 01:21:44.400] And this agency invests in all sorts of things, and the judges have nothing to say about it, and they have no direct influence over it.
[01:21:44.400 --> 01:21:53.400] So therefore, it is essentially irrelevant unless you can prove that the judge acted improperly for this reason.
[01:21:53.400 --> 01:22:07.400] Well, you had told me about a judicial getting information on the judge's financial background. What do you call that, and how do you do it?
[01:22:07.400 --> 01:22:33.400] Yes, you'll send me an email asking for my judicial disclosure motion. I will send it to you, and it is designed to ask the judges questions that go to all of the ways that we found that judges use to launder illegal gotten gains.
[01:22:33.400 --> 01:22:46.400] One of the primary ways is they have a property and they get a mortgage on the property, and in six months the mortgage is paid off, and they get another one, and it's paid off.
[01:22:46.400 --> 01:22:54.400] They use that as a method of laundering the money. The judge is not the one paying off the mortgage, somebody else is.
[01:22:54.400 --> 01:22:58.400] There's a number of different things in there that way.
[01:22:58.400 --> 01:23:14.400] Sorry. Okay, here we go. In complaint letter to the New York State Attorney General, I said that after the Attorney General sued HSBC and since HSBC is still at it with illegal criminal behavior,
[01:23:14.400 --> 01:23:23.400] thumbing their nose at the Attorney General and everybody else, I asked the New York State Attorney General, Eric Schneiderman, to do something about it.
[01:23:23.400 --> 01:23:36.400] Well, the Attorney General slithered out of it. He gave me some homeowners assistance program where they help you with your mortgage, and that's ridiculous.
[01:23:36.400 --> 01:23:39.400] We'll wait past that. Now, I heard you talking about murder.
[01:23:39.400 --> 01:23:50.400] Okay, okay. I'm not going to be easy here because I would very much like to see the Attorney General being pushed into position to act.
[01:23:50.400 --> 01:24:07.400] But statutory, what claim, direct claim do you have against HSBC, and what authority or jurisdiction does the Attorney General have to address that claim?
[01:24:07.400 --> 01:24:20.400] HSBC, he sued HSBC for doing the same thing that they're doing to Virginia right now. He's already sued them, they already went to court, and they're still at it.
[01:24:20.400 --> 01:24:31.400] Okay, I get that. What claim does that bring? What claim did the Attorney General make against HSBC?
[01:24:31.400 --> 01:24:39.400] Well, I don't know all the particulars of the case, but it was for the shadow jacket, what they call, I think you call it churning.
[01:24:39.400 --> 01:24:48.400] They would drag on their feet with the foreclosures, which is exactly what they did to Virginia. They waited seven years. They went past the six years.
[01:24:48.400 --> 01:25:08.400] And since it went before the Attorney General, since the Attorney General took it before a court, that's why I'm saying that the judge did something wrong, even though if Virginia didn't voice an opinion, or rather voice an objection to the fact that it was longer than six years.
[01:25:08.400 --> 01:25:14.400] Here, that's exactly what the Attorney General, I would think, went after HSBC for.
[01:25:14.400 --> 01:25:19.400] Okay. No shadow jacket.
[01:25:19.400 --> 01:25:25.400] Let me make a... Okay, what is the current disposition of Virginia's case?
[01:25:25.400 --> 01:25:52.400] Well, in May, May 9th of 2017, I was there myself, and the judge found in Saver of HSBC, Virginia said, how long do I have before I have to vacate my house? The judge said, well, don't worry, you've got at least three months. And he kind of laughed like he knew that HSBC was going to take forever in a day.
[01:25:52.400 --> 01:26:04.400] Okay, so she has a ruling against her. The HSBC moved for foreclosure, and the judge gave them an order for closure.
[01:26:04.400 --> 01:26:06.400] That's correct.
[01:26:06.400 --> 01:26:19.400] Okay. You need a way to get this foreclosure action overturned.
[01:26:19.400 --> 01:26:35.400] Okay, you had told me about declaratory judgment before, and you had told me that one of the ways to do it, I guess, is the fact that... And I had just said that a few minutes ago. Let's see, I've got to get the right wording.
[01:26:35.400 --> 01:26:44.400] Hold on. There are three assignments of mortgage, the chain of title, and the public record does not match the chain of title and the endorsement to the note.
[01:26:44.400 --> 01:26:59.400] And then I saw, and I guess based on that declaratory judgment, next, I did find that it was written that in New York State, if you file an assignment, I think this is related to it. You tell me if I'm wrong.
[01:26:59.400 --> 01:27:12.400] Next, I found it was written that in New York State, if you file an assignment and you're not the proper party to do so, and it was not signed before a notary and two witnesses, it is considered fraud automatically.
[01:27:12.400 --> 01:27:34.400] Okay, let me... I'm glad you brought that back up because we have a similar statute in Texas, and this is a specific and focused definition of the term fraudulent. Does it say it's fraud or that the document is presumed to be fraudulent?
[01:27:34.400 --> 01:27:50.400] Well, the... I think... Okay, hold on, hold on. Let me kind of preface why I'm asking that question that way. In Texas, it says that if a document is filed in the public record, that affects title to real property.
[01:27:50.400 --> 01:28:12.400] And the document is filed by someone who does not have authorization in the record to make the filing. The filing is presumed to be fraudulent. And the reason this is important is making a claim of fraud is hard to prove.
[01:28:12.400 --> 01:28:37.400] And this is not saying that the document is fraud... is an act of fraud. The statute is saying that the document itself is presumed to be fraudulent. So you're not suing them for fraud or you're not making a claim of fraud, you're just saying that the document itself is subject to being rendered void.
[01:28:37.400 --> 01:28:51.400] And I suspect that's where this goes. So we don't wind up suing the person who filed it for fraud. That would take you down a rabbit hole.
[01:28:51.400 --> 01:29:18.400] If... Whatever has happened with a foreclosure, if you can go in and do a declaratory judgment suit on this document and ask the court to rule on the validity of the document as filed in the public record, you don't care if the filer actually was the holder.
[01:29:18.400 --> 01:29:29.400] You want to challenge whether or not the document was filed in adherence to standing law.
[01:29:29.400 --> 01:29:42.400] If you can get the court to rule that they missed a dot in an eye or crossing a T and therefore the document is void on its face.
[01:29:42.400 --> 01:30:00.400] Now you can go back and challenge subject matter jurisdiction of the court who heard the foreclosure issue and get moved to get that foreclosure trashed. Once you have the foreclosure issue trashed, they have...
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[01:33:16.400 --> 01:33:31.400] Okay, we are back. We're at the Carlton Rule Law Radio, and we're talking to John in New York. Okay, John, we got to get that case tossed.
[01:33:31.400 --> 01:33:49.400] The way to get the case tossed is undermine a document on which the original lender stood to grant the lender legal capacity to foreclose.
[01:33:49.400 --> 01:34:11.400] And declaratory judgments, a nice way to go about that. You file a petition to declaratory judgment and include it plain abatement. You claim that this document was, you're not claiming that the holder or that it was someone intentionally committed fraud.
[01:34:11.400 --> 01:34:30.400] They may or may not. That's not your purpose here. Your only purpose here is to determine whether or not the document as filed meets the statutory filing requirements for filing documents in the county court's office.
[01:34:30.400 --> 01:34:51.400] Very limited, very focused. If you can get it focused tight enough, then it leaves the court no wiggle room, and it doesn't render a definitive judgment against any party.
[01:34:51.400 --> 01:35:02.400] It merely establishes whether or not this filer met the statutory requirements. That's pretty easy to determine.
[01:35:02.400 --> 01:35:13.400] File that. If you get a positive ruling on it, then you file a challenge to subject matter jurisdiction in the foreclosure case.
[01:35:13.400 --> 01:35:35.400] But first, check New York law, look up, do a search for in New York, is statutory limitations, is statute of limitations a bar?
[01:35:35.400 --> 01:35:47.400] Then you'll find out if it's a bar to action or if it's a affirmative defense. I suspect it will be an affirmative defense.
[01:35:47.400 --> 01:35:51.400] Okay.
[01:35:51.400 --> 01:35:54.400] Dan?
[01:35:54.400 --> 01:36:00.400] Okay. Once you have the, hang on a second. I've got a little tickle here.
[01:36:00.400 --> 01:36:07.400] My nose is trying to explode and I'm trying to keep it from it. Okay.
[01:36:07.400 --> 01:36:19.400] If you get a ruling that says that this filing did not meet the statutory requirements, now you have grounds to file a challenge subject matter jurisdiction.
[01:36:19.400 --> 01:36:38.400] It moves the court to toss the original foreclosure action because the HSBC lacked the legal capacity to invoke subject matter jurisdiction in the court.
[01:36:38.400 --> 01:36:55.400] You get that thrown out. Then when they come back and try to refile, then you bring your objection, your affirmative defense of statutory limitations.
[01:36:55.400 --> 01:37:17.400] Clock doesn't run. If you get that thrown out based on standing for black subject matter jurisdiction, all the time they were prosecuting this adjudication, statute of limitations, clock was continuing to run.
[01:37:17.400 --> 01:37:30.400] So you get it tossed, then they can't come back and refile. They have a chance to bring in the affirmative defense. Does that make sense?
[01:37:30.400 --> 01:37:39.400] I think so. No, please. You've got to help us with it because, first of all, I really don't know what subject matter jurisdiction is.
[01:37:39.400 --> 01:37:55.400] I don't know what the declaratory judgment is. You're going to have to help us, please. Now, I sent you all those PDF files again because you wanted me to go through and date them so that they would go 1, 2, 3, 4, 5, 6, 7, 8, 9, 10.
[01:37:55.400 --> 01:38:04.400] And what they were, and I don't... Randy, it looked like one big stat. The last month I've been looking at it and looking at it and looking at it.
[01:38:04.400 --> 01:38:10.400] Hold on, hold on. This is easy. The document is going to have a date on it somewhere.
[01:38:10.400 --> 01:38:15.400] I know, but tell me what the document is. I have no idea what they are.
[01:38:15.400 --> 01:38:20.400] What is the heading on the top of the document?
[01:38:20.400 --> 01:38:33.400] Look, I'm not going to spend half a day or a day going through these documents and trying to figure all that out. I got so many people coming at me, I do not have time for that.
[01:38:33.400 --> 01:38:37.400] I just tried doing it and it was impossible.
[01:38:37.400 --> 01:38:50.400] It would be helpful if you just gave the document a date and I'll open it up and figure out what the document actually is.
[01:38:50.400 --> 01:38:58.400] The main thing I need is an ordered in date. I'm not going to spend half a day doing this. This is pretty straightforward.
[01:38:58.400 --> 01:39:06.400] If you open a document that says deed of trust and it has a court filing date, you put the date and deed of trust.
[01:39:06.400 --> 01:39:11.400] If it's a letter from the bank, you put a letter from the bank.
[01:39:11.400 --> 01:39:13.400] That's not that hard.
[01:39:13.400 --> 01:39:18.400] On a lot of these documents, Randy, I didn't know what the documents were.
[01:39:18.400 --> 01:39:24.400] It doesn't matter. Get them in dates. I'm not going to go in and do all of that.
[01:39:24.400 --> 01:39:28.400] I got so much coming at me, there's no way I have time to do this.
[01:39:28.400 --> 01:39:30.400] I understand.
[01:39:30.400 --> 01:39:33.400] I get 50 to 60 calls a day.
[01:39:33.400 --> 01:39:35.400] Okay, no, I know.
[01:39:35.400 --> 01:39:40.400] Plus, I've got a massive amount of work I'm trying to get accomplished.
[01:39:40.400 --> 01:39:46.400] I know. I understand that. For that, we're eternally grateful for you for what you're doing.
[01:39:46.400 --> 01:39:51.400] So, just do the dates? Should I just do the dates? Can I get away with just doing the dates?
[01:39:51.400 --> 01:39:57.400] Just do the dates. That will be helpful. I can open them up and figure out what they are pretty quickly.
[01:39:57.400 --> 01:40:00.400] Yeah, see, I can't. I can't figure out what they are.
[01:40:00.400 --> 01:40:04.400] All right, can you help us with the declaratory judgment and all that?
[01:40:04.400 --> 01:40:10.400] I'll get into this some other time, but I want to see that bank on its rear end.
[01:40:10.400 --> 01:40:16.400] Even if it's one defendant at a time, I want to see that rear end.
[01:40:16.400 --> 01:40:20.400] I will help you, but I cannot pick up this gauntlet for you.
[01:40:20.400 --> 01:40:25.400] Got you. Yeah, right. I understand. I understand that. Thank you very much.
[01:40:25.400 --> 01:40:31.400] Okay, so tell me what I can do next. I'll put the dates on all those documents that I can do.
[01:40:31.400 --> 01:40:33.400] I can put the dates on the document.
[01:40:33.400 --> 01:40:38.400] Okay, put the dates on the document, send them back to me, and then I'll let you know.
[01:40:38.400 --> 01:40:43.400] All right. Thank you very, very kindly. I really appreciate it.
[01:40:43.400 --> 01:40:51.400] Okay. Thank you, John. Now we have one more caller and do you have anything else, John?
[01:40:51.400 --> 01:40:58.400] Well, let's see.
[01:40:58.400 --> 01:41:03.400] I don't know if I told you this, the same relative that got the ticket for unsafe backing,
[01:41:03.400 --> 01:41:10.400] he was very successful in getting the case, the ticket thrown out of court dismissed.
[01:41:10.400 --> 01:41:14.400] The judge himself had to say it was one of the judge's own papers.
[01:41:14.400 --> 01:41:19.400] It was the final crux of the thing. He had sent the...
[01:41:19.400 --> 01:41:23.400] Well, anyway, he won the case thanks to you.
[01:41:23.400 --> 01:41:27.400] And now he's got another ticket for crossing the center line.
[01:41:27.400 --> 01:41:32.400] And we're right in the middle of it. The case comes up on the 28th,
[01:41:32.400 --> 01:41:37.400] and there was no center line in the road, and he has pictures proving it.
[01:41:37.400 --> 01:41:42.400] There was no yellow line in the center of the road.
[01:41:42.400 --> 01:41:49.400] I think the cop said that just to give a point of reference to make it more convincing
[01:41:49.400 --> 01:41:52.400] that my relative crossed the center line.
[01:41:52.400 --> 01:41:57.400] So he got a deposition on the spot from the cop.
[01:41:57.400 --> 01:42:02.400] The cop gave a deposition from the patrol car. I guess he printed it up quick.
[01:42:02.400 --> 01:42:08.400] But he asked the court for a deposition also. I take it that the court has to give him a deposition,
[01:42:08.400 --> 01:42:13.400] and if they fail to do so in 30 days, that negates the ticket.
[01:42:13.400 --> 01:42:17.400] That throws the ticket out if they don't give him the deposition.
[01:42:17.400 --> 01:42:24.400] If they're even knowing the cop gave him a deposition, the court has the obligation to do so also. Is that correct?
[01:42:24.400 --> 01:42:32.400] I'm not sure that's unusual. It's certainly not the case in other states, certainly not in Texas.
[01:42:32.400 --> 01:42:40.400] If a document has been filed with the court, the court has to produce it, or the prosecution has to produce it.
[01:42:40.400 --> 01:42:43.400] Under in Texas, it's a Michael Morton Act.
[01:42:43.400 --> 01:42:53.400] Michael Morton was a physician spent 20 years in jail for a crime he absolutely did not commit, and the prosecutor knew it.
[01:42:53.400 --> 01:43:02.400] Prosecutor hid information, and they filed a Michael Morton Act that required the prosecutor to produce exculpatory evidence.
[01:43:02.400 --> 01:43:13.400] But that's Texas. As far as depositions, the court doesn't have to produce a deposition. I don't know how they would do that,
[01:43:13.400 --> 01:43:19.400] unless it's just documents that they have. This would go to discovery.
[01:43:19.400 --> 01:43:30.400] Well, here's the crux of the issue. There was no center line, and the cop put it, and it's going to be entered into testimony that he'd crossed the center line.
[01:43:30.400 --> 01:43:36.400] That should be plenty. That goes to aggravated perjury on part of the officer.
[01:43:36.400 --> 01:43:42.400] Okay, no. I know the argument they're going to use. They're going to say, well, he meant that you crossed the center line.
[01:43:42.400 --> 01:43:47.400] Hang on. No, it doesn't make any difference what he meant. It means what he says.
[01:43:47.400 --> 01:43:53.400] He says there's center line. There's not one. That's perjury. Hang on. About to go to break. We'll be right back.
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[01:46:25.400 --> 01:46:33.400] Okay, we are back. Randy Kelton with Law Radio.
[01:46:33.400 --> 01:46:38.400] And we're going to Carlos in Tejas. Hello to Carlos.
[01:46:38.400 --> 01:46:41.400] Randy, how are you?
[01:46:41.400 --> 01:46:48.400] I am good. I don't care what my wife says. Over and over.
[01:46:48.400 --> 01:46:52.400] My wife is so difficult.
[01:46:52.400 --> 01:46:58.400] I was out working at the yard today and I slipped and fell on my butt.
[01:46:58.400 --> 01:47:02.400] And I come in limping and the wife says, are you all right?
[01:47:02.400 --> 01:47:09.400] And I said, no, I fell and hurt my butt. Will you kiss it and make it better?
[01:47:09.400 --> 01:47:17.400] And she wouldn't do it. Poor me.
[01:47:17.400 --> 01:47:20.400] Okay, what do you have for us today?
[01:47:20.400 --> 01:47:26.400] I'm just like me, what I have and how I can have.
[01:47:26.400 --> 01:47:35.400] Say that again, you're a little distorted.
[01:47:35.400 --> 01:47:41.400] Okay, did you drop your mic in the toilet?
[01:47:41.400 --> 01:47:44.400] Carlos, are you there?
[01:47:44.400 --> 01:47:46.400] Can you hear me?
[01:47:46.400 --> 01:47:50.400] I can hear you.
[01:47:50.400 --> 01:47:53.400] Okay, yes, I'm here. What do you have for us today?
[01:47:53.400 --> 01:47:58.400] Okay, quick question.
[01:47:58.400 --> 01:48:05.400] I called you last week but I was unable to finish up my question because I went, my call dropped.
[01:48:05.400 --> 01:48:08.400] So I was never able to get back with you.
[01:48:08.400 --> 01:48:17.400] My main question here is that after the 30 days that you have to appeal a class B and misdemeanor,
[01:48:17.400 --> 01:48:23.400] is there anything else that you can do to request an extension of time?
[01:48:23.400 --> 01:48:30.400] Oh, absolutely. Absolutely. You can always ask for an extension or enlargement of time.
[01:48:30.400 --> 01:48:41.400] And the best way to get that done is to, okay, hold on, did you give notice of intent to appeal and post a bail?
[01:48:41.400 --> 01:48:47.400] No, no, I did nothing. I did stop it.
[01:48:47.400 --> 01:48:59.400] You have 10 days to post bail or give notice, you have to file a notice of appeal and post bail.
[01:48:59.400 --> 01:49:03.400] Do you not do that within 10 days?
[01:49:03.400 --> 01:49:05.400] No, after the conviction?
[01:49:05.400 --> 01:49:07.400] Yeah.
[01:49:07.400 --> 01:49:11.400] Okay, no, I didn't do anything and any of that.
[01:49:11.400 --> 01:49:14.400] Then you are out of luck.
[01:49:14.400 --> 01:49:20.400] You have 10 days to give notice and post a bond and then you have 30 days to file the appeal.
[01:49:20.400 --> 01:49:26.400] Well, actually, you don't have to file an appeal. It's trial to NOVO.
[01:49:26.400 --> 01:49:36.400] You give notice of appeal and then you wait for them to set a court date and they just have to file again.
[01:49:36.400 --> 01:49:37.400] Okay.
[01:49:37.400 --> 01:49:39.400] You goofed up.
[01:49:39.400 --> 01:49:46.400] Yeah, they're gone. They're gone. 30 days are actually gone. That was...
[01:49:46.400 --> 01:49:54.400] Okay, depends on what you want to do. I mean, do you feel mistreated? Do you want to go after them?
[01:49:54.400 --> 01:50:06.400] I really do, see, because they have me on a class D misdemeanor under the Transportation Code 521.457.
[01:50:06.400 --> 01:50:09.400] And I've been reading that a lot, Randy.
[01:50:09.400 --> 01:50:17.400] 457, according to the subsections that they're charging me with, one of them, there's two subsections that they're charging me with.
[01:50:17.400 --> 01:50:19.400] One of them doesn't even apply.
[01:50:19.400 --> 01:50:28.400] Okay, hold on. Hold on. We can't get there because you can't get to the merits because you've already been to court.
[01:50:28.400 --> 01:50:34.400] In order to get back to the case, you have to challenge subject matter jurisdiction.
[01:50:34.400 --> 01:50:37.400] That you can do.
[01:50:37.400 --> 01:50:49.400] Go on to my trafficticket.website, put in the ticket information, and it will take you to a download page.
[01:50:49.400 --> 01:50:57.400] Download all those documents, primarily download subject matter jurisdiction challenge, but don't do it tonight.
[01:50:57.400 --> 01:51:06.400] Do it tomorrow because I've rewritten this subject matter jurisdiction challenge, and I will load it up to the website.
[01:51:06.400 --> 01:51:13.400] And download it tomorrow and file that subject matter jurisdiction challenge.
[01:51:13.400 --> 01:51:15.400] Okay.
[01:51:15.400 --> 01:51:19.400] Now, Jerica Norton, they're behinds.
[01:51:19.400 --> 01:51:32.400] Okay, as we speak, you know, I mean, I am actually, since I was found guilty, I was convicted of that class D misdemeanor.
[01:51:32.400 --> 01:51:39.400] They jailed for six months. They gave probation for six months.
[01:51:39.400 --> 01:51:47.400] So I'm barely going to be giving my first monthly payment. That's got nothing to do with anything, right?
[01:51:47.400 --> 01:51:50.400] We can still go ahead and do this.
[01:51:50.400 --> 01:51:52.400] Absolutely. You can still go ahead and do that.
[01:51:52.400 --> 01:51:53.400] Okay.
[01:51:53.400 --> 01:51:55.400] Okay.
[01:51:55.400 --> 01:51:56.400] Perfect.
[01:51:56.400 --> 01:51:59.400] All right. Well, at least there's something that we can do, huh?
[01:51:59.400 --> 01:52:06.400] Yes. And download those documents and read all of them.
[01:52:06.400 --> 01:52:20.400] One of the purposes of these documents is it's not just to put the court on notice, but is to give you notice of the claims that you have that you can bring against them.
[01:52:20.400 --> 01:52:27.400] Next time you get a ticket, you'll be way more up to speed.
[01:52:27.400 --> 01:52:30.400] Who gave you the citation?
[01:52:30.400 --> 01:52:33.400] Jurisdiction, what?
[01:52:33.400 --> 01:52:43.400] Well, the site, I was pulled over by the city pop and county picked up the charge in there.
[01:52:43.400 --> 01:52:46.400] How did county get there?
[01:52:46.400 --> 01:52:54.400] Well, they kind of caught a lot because they, they, he charged me with a class B misdemeanor.
[01:52:54.400 --> 01:52:57.400] Oh, wait a minute. Wait, wait, wait, wait.
[01:52:57.400 --> 01:53:01.400] What's that have to do with county?
[01:53:01.400 --> 01:53:03.400] No idea.
[01:53:03.400 --> 01:53:10.400] Okay. Hold on. Maybe I'm misunderstanding a trend, a violation as a transportation codes class B misdemeanor.
[01:53:10.400 --> 01:53:15.400] Were you not charged with a violation of transportation code?
[01:53:15.400 --> 01:53:18.400] Yes.
[01:53:18.400 --> 01:53:25.400] Okay. So what did county have to do with it? And what county was it?
[01:53:25.400 --> 01:53:32.400] Calvum County. That was over by Port Lava context.
[01:53:32.400 --> 01:53:40.400] Okay. The download all the documents tomorrow. I have said a couple extra documents. I'll be adding to it.
[01:53:40.400 --> 01:53:44.400] I've written them. I haven't loaded them to the website yet.
[01:53:44.400 --> 01:53:55.400] But there's a request, the information request in there for certain documentation since it was, hold on, I need to back up.
[01:53:55.400 --> 01:54:03.400] A municipal police officer made the stop.
[01:54:03.400 --> 01:54:09.400] Did the municipal police officer write the citation?
[01:54:09.400 --> 01:54:11.400] Yeah.
[01:54:11.400 --> 01:54:16.400] What did county have to do with anything?
[01:54:16.400 --> 01:54:27.400] The municipal cop wrote the citation. He made the stop and literally the charge.
[01:54:27.400 --> 01:54:33.400] But he did have backup from the sheriff's department. That was all.
[01:54:33.400 --> 01:54:36.400] Okay. Okay. Backup doesn't mean anything.
[01:54:36.400 --> 01:54:41.400] So sheriff's department's not involved.
[01:54:41.400 --> 01:54:54.400] The information request that I will, you'll download, request authority of the municipal officer to enforce the transportation code and they don't have it.
[01:54:54.400 --> 01:55:03.400] I have done, I did the PIR, public information request. I requested that specifically.
[01:55:03.400 --> 01:55:06.400] I have his office.
[01:55:06.400 --> 01:55:11.400] Hold on. Hold on. Did they respond to your information request?
[01:55:11.400 --> 01:55:17.400] Yeah. Yeah, they did. They did within the year 25 days or so. Some more around there.
[01:55:17.400 --> 01:55:20.400] They got 15 days.
[01:55:20.400 --> 01:55:24.400] Yeah. The trial, the trial.
[01:55:24.400 --> 01:55:27.400] Hold on. Hold on. Let's go back to information requests.
[01:55:27.400 --> 01:55:37.400] What did their information request say concerning statutory authority of the municipal police officer to enforce transportation code?
[01:55:37.400 --> 01:55:44.400] Well, as far as 644.101, they are not, they do not qualify.
[01:55:44.400 --> 01:55:51.400] No, no. What did their information, their response to your information request say?
[01:55:51.400 --> 01:56:07.400] I wanted, I requested the video camera from the stop, the officer's sort of office, the police reporting, a copy of the traffic ticket.
[01:56:07.400 --> 01:56:18.400] No, that's discovery. Did you request their authority to enforce?
[01:56:18.400 --> 01:56:23.400] Yeah. The government, according to the government code you mean?
[01:56:23.400 --> 01:56:39.400] Yeah. No. Did you ask them to prove, to show you their authority to enforce the transportation code?
[01:56:39.400 --> 01:56:43.400] Took too long to answer. Is you're not familiar with what I'm asking?
[01:56:43.400 --> 01:56:48.400] Well, this is, this is what I...
[01:56:48.400 --> 01:56:59.400] Let me explain. Let me explain. The Highway Patrol, Texas Highway Patrol was created for the express purpose of enforcing the commercial transportation code.
[01:56:59.400 --> 01:57:13.400] Because when the code was implemented, they took it to the sheriff and told the sheriffs to enforce it and the sheriff told them go scratch. They didn't have the funds to enforce a whole new set of code.
[01:57:13.400 --> 01:57:19.400] So they created a Texas Highway Patrol for the specific purpose of enforcing the text transportation code.
[01:57:19.400 --> 01:57:37.400] Well, they included a statutory exception wherein a county commissioner's court of a county of less than two million is authorized to enforce, to appoint up to five deputies for traffic control officers.
[01:57:37.400 --> 01:57:44.400] If a county's over two million, there's no limit on how many they can authorize.
[01:57:44.400 --> 01:57:49.400] But the county commissioner's court has to pay them and have to ride motorcycles.
[01:57:49.400 --> 01:58:01.400] There is no authorization for a municipal officer to enforce the Texas Transportation Code. Period.
[01:58:01.400 --> 01:58:05.400] It's not in there. That's what you need to ask for.
[01:58:05.400 --> 01:58:17.400] Go to trafficticket.website. Fill out the information. Do it tomorrow and I'll have my documents up. Download all of it. Read it. Make sure you send in those information requests.
[01:58:17.400 --> 01:58:23.400] And when you get your responses or don't get your responses, let me know and I'll show you the next step.
[01:58:23.400 --> 01:58:35.400] We are out of time. Randy Kelton, Rule of Law Radio will be back Monday night. Katie will be back Monday night on his traffic show and we'll be back Thursday and Friday.
[01:58:35.400 --> 01:58:39.400] Thank you all for listening and good night.
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