ROL_2018-06-22_16k_Hr3-4.timecode

[00:00.000 --> 00:29.520]  Markets for the 11th of April 2018 closed with gold $1,353.22 an ounce.
[00:29.520 --> 00:41.200]  It's over $16.68 an ounce, Texas Crude $65.51 a barrel, Bitcoin $6,902.19, Ethereum $420.80,
[00:41.200 --> 00:55.520]  Bitcoin Cash $652.90, and finally Litecoins at $114.34, a crypto coin.
[00:55.520 --> 01:02.720]  Today in History, the year 1968, President Lyndon M. Johnson signed the Civil Rights Act of 1968,
[01:02.720 --> 01:08.640]  which prohibited private businesses from discriminating based on race, color, religion, sex, or national origin.
[01:08.640 --> 01:13.240]  It also prohibited unequal application of voter registration requirements, racial segregation
[01:13.240 --> 01:18.360]  in public schools, in employment, and public accommodations for places of business.
[01:18.360 --> 01:24.040]  Today in History.
[01:24.040 --> 01:28.760]  In recent news, tensions in Syria seem to reach new levels after a chemical attack on civilians
[01:28.760 --> 01:33.040]  in the city of Douma, which left 40 dead and many injured, an attack which is being blamed
[01:33.040 --> 01:37.640]  on the democratically elected President of Syria Bashar al-Assad by the United States
[01:37.640 --> 01:42.120]  and on Israel by Russia, either accusatory narrative without any verified evidence as
[01:42.120 --> 01:43.440]  of yet.
[01:43.440 --> 01:47.280]  President Trump tweeted today Wednesday that if, quote, Russia vows to shoot down any and
[01:47.280 --> 01:51.640]  all missiles fired at Syria, get ready, Russia, because they will be coming in nice and new
[01:51.640 --> 01:56.440]  and smart, going on to warn Russia that you shouldn't be partners with a gas-killing animal
[01:56.440 --> 01:58.680]  who kills his people and enjoys it.
[01:58.680 --> 02:02.720]  Many in the West, including President Trump, have been quick to conclude that this chemical
[02:02.720 --> 02:06.880]  attack must have been conducted by Assad and his forces.
[02:06.880 --> 02:11.120]  Syria and Russia, on the other hand, have given approval since yesterday for the organization
[02:11.120 --> 02:15.720]  for the prohibition of chemical weapons to investigate the side of the chemical slaughter.
[02:15.720 --> 02:19.480]  Assad has been successful in maintaining rule and support during Syria's seven-year civil
[02:19.480 --> 02:24.080]  war, a civil war that is being fought by the government of Syria and anti-Assad Syrian
[02:24.080 --> 02:28.840]  rebels that are openly being funded by Western governments, with ISIS being one of the more
[02:28.840 --> 02:32.600]  notorious swinner groups of the American-backed Syrian rebels.
[02:32.600 --> 02:37.920]  No surprise, then, why Russian Foreign Minister Spokeswoman Maria Zakoba posted on Facebook
[02:37.920 --> 02:42.240]  that smart missiles should be fired at terrorists and not at a legitimate government, which
[02:42.240 --> 02:44.480]  has been fighting terrorists.
[02:44.480 --> 02:48.320]  Or is this a trick to destroy all traces with a smart missile strike, and then there will
[02:48.320 --> 02:51.320]  be no evidence for international inspectors to look at?
[02:51.320 --> 03:20.800]  This was Brick Rody with your lowdown for April 11, 2018.
[03:20.800 --> 03:21.800]  Okay.
[03:21.800 --> 03:22.800]  We are back.
[03:22.800 --> 03:28.800]  Randy Kelton, rule of law radio, and we're talking to Tim in Texas.
[03:28.800 --> 03:29.800]  Okay.
[03:29.800 --> 03:31.800]  Go ahead, Tim.
[03:31.800 --> 03:38.240]  Well, you know, we didn't hear anything from the court, the appeals court today.
[03:38.240 --> 03:46.800]  I even called them at 4.54 and they said, no, it's still back with the court, the papers.
[03:46.800 --> 03:55.080]  Yeah, they probably, they had to hear the original mandamus so they could put the stay
[03:55.080 --> 03:58.520]  in and stop everything.
[03:58.520 --> 04:04.760]  But now they've got a lot of other issues and they'll put yours in line when they go
[04:04.760 --> 04:09.280]  through the other issues till they get to yours, so it could take a while.
[04:09.280 --> 04:15.560]  Since they've stopped everything in the court, then the immediate emergency issues are all
[04:15.560 --> 04:18.000]  taken care of.
[04:18.000 --> 04:22.040]  So now they probably won't be in a great hurry, it's just when they can get to it.
[04:22.040 --> 04:23.040]  Okay.
[04:23.040 --> 04:29.760]  They did say they might, they gave the other side 10 days to file an answer, and then they
[04:29.760 --> 04:37.720]  gave Tim five days after that to file a response, but they said they might issue an order before
[04:37.720 --> 04:40.280]  the five days was up.
[04:40.280 --> 04:45.680]  And that was just in case, you know, some extraordinary circumstances, but they didn't
[04:45.680 --> 04:46.680]  do that.
[04:46.680 --> 04:50.280]  And so they probably just dropped it on the pile.
[04:50.280 --> 04:51.280]  Okay.
[04:51.280 --> 04:52.280]  All right.
[04:52.280 --> 04:53.280]  But that's okay.
[04:53.280 --> 04:58.680]  The longer it takes, the more they sweat.
[04:58.680 --> 05:10.200]  Well, and, you know, yesterday when the, apparently, from what we understand, the agenda
[05:10.200 --> 05:16.560]  packet for the city was passed out to the council members, June the 11th.
[05:16.560 --> 05:23.400]  And the council meeting was yesterday, yesterday evening, 10 days.
[05:23.400 --> 05:29.880]  And it wasn't in the packet, but when they got to the meeting, the council realized that
[05:29.880 --> 05:37.000]  the mayor had submitted his resignation letter, and he wasn't there.
[05:37.000 --> 05:41.360]  And so they found that out in executive session.
[05:41.360 --> 05:46.600]  And they don't know why they say he resigned.
[05:46.600 --> 05:56.560]  But before this, back in April, it had been put on an agenda or somewhere on the website
[05:56.560 --> 06:03.320]  by the city administrator that the mayor had put in for his resignation.
[06:03.320 --> 06:09.920]  And so one of the council members who was an actual friend of mine, he told people that
[06:09.920 --> 06:12.480]  it looked like the mayor was resigning.
[06:12.480 --> 06:19.920]  Well, the mayor basically said to him that, you know, that was like a knife in the back.
[06:19.920 --> 06:21.080]  You shouldn't have done that.
[06:21.080 --> 06:23.080]  I wasn't resigning.
[06:23.080 --> 06:26.840]  And then again, he said, but I forgive you, you know, one-on-one.
[06:26.840 --> 06:32.040]  He told him I forgive you, but he didn't forgive me for, I don't know what the deal is.
[06:32.040 --> 06:41.080]  Apparently, if I was a betting man, I would have to say that he was just trying to secure
[06:41.080 --> 06:47.360]  the council and then put in for his resignation, you know, afterwards.
[06:47.360 --> 06:52.680]  That sound about right to you?
[06:52.680 --> 06:53.680]  Are you still there?
[06:53.680 --> 06:55.680]  Oh, I forgot to unmute.
[06:55.680 --> 06:58.600]  Yes, that sounds about right.
[06:58.600 --> 07:03.520]  What, okay, what do we care?
[07:03.520 --> 07:04.520]  We're on the air.
[07:04.520 --> 07:07.520]  What do we care?
[07:07.520 --> 07:08.520]  Right.
[07:08.520 --> 07:13.960]  Well, anyway, so on our nuke...
[07:13.960 --> 07:23.960]  No, no, no, what I'm going to is any chance the mayor, when he, when the court of appeals
[07:23.960 --> 07:33.720]  picked up the mandamus and the mandamus claim, has a whole raft of ugly accusations against
[07:33.720 --> 07:34.720]  the city.
[07:34.720 --> 07:35.720]  Yeah.
[07:35.720 --> 07:41.720]  Any chance that he saw the light at the end of the tunnel and it turned out to be a train
[07:41.720 --> 07:43.720]  coming at him?
[07:43.720 --> 07:48.880]  Well, we mentioned that to you, I think, in a brief conversation we had.
[07:48.880 --> 07:58.880]  You said probably not, but it's a good chance because the first, right, the first paragraph
[07:58.880 --> 08:09.280]  of the mandamus, we named the mayor as claiming the reason they pursued Tim the way they did
[08:09.280 --> 08:17.720]  was to set an example and then all of a sudden the court of appeals and they were probably
[08:17.720 --> 08:25.320]  briefed by the lawyers saying that, ah, these things never get picked up, especially a procé
[08:25.320 --> 08:27.920]  and then boom, it lands on them.
[08:27.920 --> 08:28.920]  Right.
[08:28.920 --> 08:35.720]  Well, we also wanted you to see that on the agenda, one of the things on the agenda was
[08:35.720 --> 08:48.600]  ethics, they wanted to adopt an ordinance for ethics for public officials and city employees
[08:48.600 --> 08:57.200]  and would assume that attorneys and judges are also employees of the city from the way
[08:57.200 --> 08:59.200]  that I see things.
[08:59.200 --> 09:06.920]  That's what I saw in that, and it may well be that all of a sudden, all the assurances
[09:06.920 --> 09:15.400]  they've been getting from their Scheister lawyers aren't quite so convincing anymore
[09:15.400 --> 09:23.160]  and the whole time in the documentation, Tim's been making very pointed and direct accusations
[09:23.160 --> 09:30.320]  against public officials and accusing them of very specific wrongful acts, though it
[09:30.320 --> 09:36.600]  may be that this mandamus wind has gotten everybody's attention.
[09:36.600 --> 09:39.920]  Well, they know I'm not going away.
[09:39.920 --> 09:44.000]  Yeah, I think they got that figured out.
[09:44.000 --> 09:50.160]  They used every dirty rotten trick they could come up with and people who've been listening,
[09:50.160 --> 09:55.480]  they've heard Tim call in over and over and you could hear the stress, the pressure this
[09:55.480 --> 10:03.200]  put on them and the whole time, we're telling them, you know, this is their purpose, this
[10:03.200 --> 10:09.360]  is what they're trying to do, they increase the pressure until you cry uncle.
[10:09.360 --> 10:14.040]  But if you hang in there, they're going to run out of things they can do and that's exactly
[10:14.040 --> 10:15.800]  what's happened to them.
[10:15.800 --> 10:21.160]  Now, we don't know if we'll win the mandamus, but the mandamus sure put the fear of God
[10:21.160 --> 10:22.160]  in them.
[10:22.160 --> 10:23.160]  Yeah.
[10:23.160 --> 10:29.760]  They may not win the mandamus, but they're looking at an appeal coming at them, which
[10:29.760 --> 10:34.480]  is likely to be just as bad as the mandamus and if they're smart and paying attention,
[10:34.480 --> 10:39.720]  they're looking at a federal lawsuit coming behind this.
[10:39.720 --> 10:40.720]  Yeah.
[10:40.720 --> 10:47.040]  And so they realized that Tim is not going away and they've seen you in court and they're
[10:47.040 --> 10:53.840]  also realizing he is getting a lot better at what he's doing and we're, he's not coming
[10:53.840 --> 11:02.800]  in here shaking in his boots anymore and we just had, you had the judge in the, you got
[11:02.800 --> 11:12.080]  a, after all of this started, they came back with a second complaint against him over one
[11:12.080 --> 11:19.520]  of the vehicles claiming it was still John, but at the time it was licensed.
[11:19.520 --> 11:20.520]  Yeah.
[11:20.520 --> 11:27.480]  And one of the requirements is that it not be licensed, but they filed this anyway in
[11:27.480 --> 11:36.640]  the, the code enforcement officer seemed to be concerned about it because he filed a complaint
[11:36.640 --> 11:40.920]  as per the city attorney.
[11:40.920 --> 11:44.240]  So he put in that caveat.
[11:44.240 --> 11:46.640]  Now that had nothing to do with anything.
[11:46.640 --> 11:51.040]  And then the city attorney had him filed an amended that took out the reference to the
[11:51.040 --> 11:52.040]  city attorney.
[11:52.040 --> 11:55.040]  But I can still use the first one.
[11:55.040 --> 11:56.040]  Yeah.
[11:56.040 --> 12:04.960]  Sorry, Bubba, that bell's already been rung and what Tim has is an absolute affirmative
[12:04.960 --> 12:11.920]  defense and it's stipulated in the complaint that the vehicle is licensed.
[12:11.920 --> 12:19.040]  And he even puts it in that, the code, pardon me, but the code enforcement officer even
[12:19.040 --> 12:24.240]  puts it in the original that it was licensed.
[12:24.240 --> 12:26.640]  So they stipulated in their complaint.
[12:26.640 --> 12:34.040]  Now, Tim has an affirmative defense, but he hasn't used it yet.
[12:34.040 --> 12:37.120]  So he's giving them opportunity.
[12:37.120 --> 12:42.320]  Now in all of the things that went on with Tim, these guys pushed everything as quickly
[12:42.320 --> 12:43.820]  as they could.
[12:43.820 --> 12:51.720]  They filed a motion and had it set for hearing at the very absolute limit.
[12:51.720 --> 12:57.720]  So to give Tim as little time as possible to file any kind of response.
[12:57.720 --> 13:03.560]  But he made it every time and when he made it every time, they finally set up a hearing
[13:03.560 --> 13:09.800]  without notifying him and ruled against him in his absence because every time they notified
[13:09.800 --> 13:16.160]  him, no matter how close it was, he got something in and that's what I'm gonna say on the air.
[13:16.160 --> 13:18.160]  Always get something in.
[13:18.160 --> 13:24.840]  Even if it's trash, get a response in time because then they complain about it being
[13:24.840 --> 13:28.720]  trash and then you can file an amended.
[13:28.720 --> 13:29.720]  Always make the deadlines.
[13:29.720 --> 13:36.320]  So we always made the deadlines and when they couldn't get Tim that way, then they set up
[13:36.320 --> 13:41.920]  a secret hearing and I think that's what got him stung with the court of appeals.
[13:41.920 --> 13:53.280]  I was gonna ask you something, the court coordinator, when I went in and filed the recusal against
[13:53.280 --> 14:00.760]  the judge after I asked for the continuance, which really surprised him, it was cheerful.
[14:00.760 --> 14:07.440]  I was cheerful to see the look on the judge's face when he got the disqualification.
[14:07.440 --> 14:16.000]  But I said, may I approach the bench because this is after he gave me the continuance of
[14:16.000 --> 14:20.840]  only I think nine days or 10 days, something like that.
[14:20.840 --> 14:21.920]  And he said, sure.
[14:21.920 --> 14:24.680]  And so I walked up there and I just handed it to him.
[14:24.680 --> 14:27.200]  I didn't say what it was or anything.
[14:27.200 --> 14:33.920]  He started going from page to page to page and you can see he was concerned because he
[14:33.920 --> 14:38.560]  didn't get elected to this job and it's his first time around as a judge.
[14:38.560 --> 14:45.640]  He's been an attorney in that city where the court is for, gosh, 20 something years.
[14:45.640 --> 14:51.280]  And he's well respected and you kept saying, give him a chance to see if he does the right
[14:51.280 --> 14:53.480]  thing and he never did.
[14:53.480 --> 14:59.520]  He always played the side of the courts and the cities and the governments against me
[14:59.520 --> 15:04.880]  as pro se and didn't give me any wiggle room, didn't listen to anything that I had to say
[15:04.880 --> 15:11.320]  in my documents, even though they were very well written documents, he ignored them, anything
[15:11.320 --> 15:15.720]  they had to say and he ruled against me in every matter.
[15:15.720 --> 15:20.840]  And then on this last thing, what I was going to ask you because of the court coordinator,
[15:20.840 --> 15:28.720]  she's the wife of the ex-judge who passed away while he was a judge.
[15:28.720 --> 15:33.680]  And she was really rude to me when I went in and asked, how was it possible that you
[15:33.680 --> 15:43.480]  had a meeting with the city attorneys and didn't notify me to be here and then ruled
[15:43.480 --> 15:45.560]  against me?
[15:45.560 --> 15:51.320]  And she got real offensive, threw her hands up, said, don't ask me and had that look,
[15:51.320 --> 15:55.320]  you know, like, get out of here, you're bugging me.
[15:55.320 --> 15:57.720]  Like I would rather be somewhere else.
[15:57.720 --> 15:58.720]  Yes.
[15:58.720 --> 16:04.960]  In other words, she knew something was wrong because she stood right there.
[16:04.960 --> 16:10.600]  My wife told her, she said, no, that date is our anniversary and my wife was in tears
[16:10.600 --> 16:13.160]  because we were not so much pressure we were under.
[16:13.160 --> 16:18.600]  She said, that is our anniversary and we would rather if you could put it off, they put it
[16:18.600 --> 16:26.040]  off for one more week and which was the 14th of May and instead they went ahead and had
[16:26.040 --> 16:33.960]  it on the May the 7th and then we get notified of it and you know, that's, in other words,
[16:33.960 --> 16:40.440]  he ruled against us but it wasn't, and I don't quite understand that it wasn't a final adjudication
[16:40.440 --> 16:45.600]  apparently because they had some other things they wanted to bring up against us and I'm
[16:45.600 --> 16:46.600]  not sure.
[16:46.600 --> 16:47.600]  Okay.
[16:47.600 --> 16:48.600]  Hang on.
[16:48.600 --> 16:49.600]  About to go to break.
[16:49.600 --> 16:56.600]  We'll be right back.
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[18:59.440 --> 19:26.280]  now.
[19:26.280 --> 19:34.040]  Okay, we are back, Randy Kelton, rule of law radio and we're talking to Tim in Texas.
[19:34.040 --> 19:41.160]  Okay, so we're at the spot now where we're on the other side.
[19:41.160 --> 19:47.520]  We've gotten over the hard place even if the court of appeals rules against us on the
[19:47.520 --> 19:55.920]  mandamus, we're still over the hump because now we've stung them good and they know we're
[19:55.920 --> 20:01.320]  coming after them and they know you're going to keep coming after them and they know that
[20:01.320 --> 20:05.720]  what they've been doing is wrongful.
[20:05.720 --> 20:13.120]  So the likelihood of them getting past an appellate process is extremely slim.
[20:13.120 --> 20:18.280]  So now we're on the downside, now we start coming back after them and now we absolutely
[20:18.280 --> 20:24.560]  need to get a pretty hefty discovery in.
[20:24.560 --> 20:26.880]  The discovery will stall everything else.
[20:26.880 --> 20:38.880]  Well, the thing that's what I was just saying is their argument from both the insurance company
[20:38.880 --> 20:47.320]  that insures the city against losses, they had their attorneys file a response that they
[20:47.320 --> 20:54.480]  were, I guess, persons of interest, that interest parties or anyway and then also the city
[20:54.480 --> 21:02.040]  attorneys filed their response and both of their responses had to do with, let me see
[21:02.040 --> 21:12.080]  if I can remember this correctly, had to do with, oh, I could very well file an appeal.
[21:12.080 --> 21:17.360]  And here I am with a writ of mandamus before an appealed court.
[21:17.360 --> 21:20.520]  So it would be the same people, right?
[21:20.520 --> 21:29.200]  So one of the issues on mandamus is you have to be able to show that you have no adequate
[21:29.200 --> 21:32.160]  remedy on appeal.
[21:32.160 --> 21:37.520]  So they're making that argument, but they're violating the bar association standards in
[21:37.520 --> 21:47.520]  that they are required to essentially bring case law to both sides.
[21:47.520 --> 21:51.800]  Case law in their behalf and case law against them.
[21:51.800 --> 22:00.400]  Well, they brought case law in their behalf and probably unlike them, I actually read the
[22:00.400 --> 22:09.600]  case law and used their own case law and pushed it right back at them because they made a
[22:09.600 --> 22:16.080]  quotation off the top half of a paragraph and I quoted what they did, but I quoted
[22:16.080 --> 22:25.280]  the whole paragraph and the whole paragraph turned the issue back on them.
[22:25.280 --> 22:33.120]  The real issue was subject matter jurisdiction challenge and a challenge to subject matter
[22:33.120 --> 22:39.600]  jurisdiction in that challenge, you don't have to show no adequate remedy.
[22:39.600 --> 22:48.480]  It's right there in the case law, very clear and they lied to the court about that because
[22:48.480 --> 22:53.600]  the case law says in the case of a challenge subject matter jurisdiction, you do not have
[22:53.600 --> 22:56.680]  an adequate remedy in law.
[22:56.680 --> 22:58.280]  And they came back and said they did.
[22:58.280 --> 23:02.520]  That's a deliberate lie to the court and that should have got sanctions and we've asked
[23:02.520 --> 23:03.520]  them for sanctions.
[23:03.520 --> 23:09.480]  Well, let me ask you about sanctions, is it a possibility because of them taking as long
[23:09.480 --> 23:10.480]  as they are?
[23:10.480 --> 23:15.000]  You said it's thrown back on the pile, but is it possible that they're having to think
[23:15.000 --> 23:21.000]  so hard about this because it's rather unusual what the city has been caught doing because
[23:21.000 --> 23:24.440]  normally prosaids don't catch them.
[23:24.440 --> 23:30.680]  Usually two attorneys posing sides, get together in a back room, shake hands and the litigant
[23:30.680 --> 23:32.680]  loses either way.
[23:32.680 --> 23:38.840]  Okay, they may let him off, but he's still going to take out the pocket somewhere, somebody
[23:38.840 --> 23:45.200]  somehow and then be held with the injunctions and everything else that goes along with it.
[23:45.200 --> 23:51.480]  But this time, maybe these judges, since they don't see this very often, are having to take
[23:51.480 --> 23:59.480]  it not legally under advisement, but in other words, have to have some time to sit and think
[23:59.480 --> 24:04.120]  about it and talk to some other people and say, hey, is this going to open some doors
[24:04.120 --> 24:06.920]  wide open?
[24:06.920 --> 24:15.720]  That's exactly when I wrote the document and I've talked about this on the air.
[24:15.720 --> 24:22.280]  It's not enough just to go in and complain about your issue.
[24:22.280 --> 24:30.840]  You need to bring to the court a question that if they answer the question against you,
[24:30.840 --> 24:38.200]  they create a condition that other lawyers can use that will disrupt the sanctity of
[24:38.200 --> 24:41.680]  the corpus turis.
[24:41.680 --> 24:49.640]  Other lawyers can come in and use this and inflict gross disparity on other litigants
[24:49.640 --> 24:53.560]  and then they're going to have to come back and fix it and the whole point of the court
[24:53.560 --> 24:59.480]  of appeals is to eliminate problems of this nature.
[24:59.480 --> 25:03.840]  So I try to ask a question that will create exactly this kind of problem.
[25:03.840 --> 25:13.120]  So for them to rule against us, they render a ruling that will be harmful and they may
[25:13.120 --> 25:19.280]  be in a position now to where they're trying to figure out how to rule against us without
[25:19.280 --> 25:22.880]  disrupting the corpus turis.
[25:22.880 --> 25:25.280]  That's my hope.
[25:25.280 --> 25:29.680]  But I've seen in the past, for the most part, they don't care when it's process.
[25:29.680 --> 25:32.720]  They seem to assume that a process is incompetent.
[25:32.720 --> 25:37.200]  But then we've seen process go to the U.S. Supreme and win.
[25:37.200 --> 25:43.000]  Rod Klass just recently won in the U.S. Supreme, pro se litigant.
[25:43.000 --> 25:44.000]  Well known.
[25:44.000 --> 25:48.200]  He's been around for quite a while, very knowledgeable.
[25:48.200 --> 25:51.200]  He took a case to the Supreme and won it.
[25:51.200 --> 25:53.480]  So they should be paying attention.
[25:53.480 --> 26:02.760]  But I'm not confident with them getting past their arrogance.
[26:02.760 --> 26:06.040]  Generally they create their own worst enemies.
[26:06.040 --> 26:09.760]  What would this do to the district court?
[26:09.760 --> 26:15.600]  It'd say if they did rule against me.
[26:15.600 --> 26:19.840]  And then I have to go back before the judge, then he's just going to proceed forward with
[26:19.840 --> 26:25.920]  what he was trying to do in the first place, law firm of the city.
[26:25.920 --> 26:32.320]  And so then I will have to then, you know, because they want to see everything of all
[26:32.320 --> 26:33.320]  of my...
[26:33.320 --> 26:38.520]  They don't get all of that until the appeals are done.
[26:38.520 --> 26:40.520]  Because I filed the writ?
[26:40.520 --> 26:41.520]  No.
[26:41.520 --> 26:46.640]  As soon as the judge rules against you, we file an appeal and his orders are no longer
[26:46.640 --> 26:47.640]  final.
[26:47.640 --> 26:54.640]  So then they don't get all of that until the appeals are over.
[26:54.640 --> 26:55.640]  Okay.
[26:55.640 --> 26:58.920]  So he can't make me go before them.
[26:58.920 --> 27:00.960]  He can just...
[27:00.960 --> 27:03.120]  I'm talking about the...
[27:03.120 --> 27:04.120]  What was that?
[27:04.120 --> 27:05.120]  What is...
[27:05.120 --> 27:10.520]  They're trying to get me to go over to Frisco, turn over my financial records.
[27:10.520 --> 27:16.920]  Yeah, but that don't happen until the appeals are over.
[27:16.920 --> 27:17.920]  Okay.
[27:17.920 --> 27:23.600]  Because they tried to make it happen and we didn't show up and so the judge was going
[27:23.600 --> 27:27.880]  to rule against us, but he gave us a continuance and that's the last he's really heard from
[27:27.880 --> 27:28.880]  us.
[27:28.880 --> 27:34.600]  Because then we had the regional judge come and do the recusal court.
[27:34.600 --> 27:35.600]  Yes.
[27:35.600 --> 27:44.040]  And then we will wait for this ruling if it comes in our favor, then we come back with
[27:44.040 --> 27:45.440]  another recusal.
[27:45.440 --> 27:46.440]  Right.
[27:46.440 --> 27:54.400]  Now, on this new case that they've got, they have set it for the motions to be heard.
[27:54.400 --> 28:01.280]  It says, stay to order to brief the law, set out in the motions and be completely ready
[28:01.280 --> 28:04.160]  to argue this point on the law.
[28:04.160 --> 28:07.040]  Additionally, all of the trial motions will be heard at this time.
[28:07.040 --> 28:08.560]  That's November the 7th.
[28:08.560 --> 28:15.840]  Yeah, they set the Class C misdemeanor six months out.
[28:15.840 --> 28:16.840]  Good luck on that, guys.
[28:16.840 --> 28:21.560]  Actually, it's five months out for the motions to be heard.
[28:21.560 --> 28:22.560]  Six...
[28:22.560 --> 28:29.040]  No, the trial is set five months out, but it's over.
[28:29.040 --> 28:36.400]  It's more than six months from the date of the citation, and this is a Class C misdemeanor.
[28:36.400 --> 28:43.320]  The speedy trial requires them to have it within 30 days.
[28:43.320 --> 28:50.600]  So, if I go to them and I request the speedy trial, will they give me a speedy trial?
[28:50.600 --> 28:55.080]  They've already indicated they're not going to.
[28:55.080 --> 29:02.640]  So, you could move to dismiss for lack of speedy trial, and they may be trying to go
[29:02.640 --> 29:03.640]  into that.
[29:03.640 --> 29:08.760]  That's what I was thinking, because it may be that the judge says, you know, this guy's
[29:08.760 --> 29:09.760]  not going to go away.
[29:09.760 --> 29:17.920]  It's probably better off if we just do this, give him an opportunity to set us up.
[29:17.920 --> 29:24.040]  Because I'm sure the judge, if any of them has actually looked at this, if anybody's
[29:24.040 --> 29:29.620]  actually looked at the complaint, it's got to be clear to them that the complaint's insufficient
[29:29.620 --> 29:31.120]  on its face.
[29:31.120 --> 29:33.800]  Anyway, we're kind of beating this to death.
[29:33.800 --> 29:37.800]  I've got the whole panel full of callers.
[29:37.800 --> 29:39.280]  I'll leave you alone.
[29:39.280 --> 29:40.280]  Okay, thank you, Tim.
[29:40.280 --> 29:41.760]  We're about to go to break.
[29:41.760 --> 29:48.680]  Randy Kelton, rule of law radio, call in numbers, 512-646, 1984.
[29:48.680 --> 29:53.920]  We've got one empty slot, and we've got an hour and a half left, so I'll try to move
[29:53.920 --> 29:54.920]  a little more quickly.
[29:54.920 --> 29:58.400]  We've got Leslie coming up, and she's doing pretty good.
[29:58.400 --> 30:00.400]  We'll be right back.
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[31:17.680 --> 31:18.680]  diet.
[31:18.680 --> 31:22.680]  This is Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:48.680 --> 32:09.960]  In today's America, we live in an us against them society, and if we the people are ever
[32:09.960 --> 32:13.960]  going to have a free society, then we're going to have to stand and defend our own rights.
[32:13.960 --> 32:17.360]  Among those rights are the right to travel freely from place to place, the right to act
[32:17.360 --> 32:21.080]  in our own private capacity, and most importantly, the right to due process of law.
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[33:03.840 --> 33:32.840]  We are back, Randy Kelton, Rule of Law Radio, and we're going to Leslie in Pennsylvania.
[33:32.840 --> 33:39.840]  Hi, how are you?
[33:39.840 --> 33:48.320]  I tried to get on earlier to listen to it, and your website was down for a while.
[33:48.320 --> 33:52.440]  I see it up now, but it was kind of hard getting on.
[33:52.440 --> 33:54.800]  It may have been a link in between.
[33:54.800 --> 34:00.280]  Sometimes people in different places can't get to us, and this generally has to do with
[34:00.280 --> 34:07.160]  some server in between you and I, because our systems apparently have been up.
[34:07.160 --> 34:10.280]  If they went down, I don't know about it.
[34:10.280 --> 34:11.280]  Okay.
[34:11.280 --> 34:15.960]  Well, anyway, I'm calling about Deborah.
[34:15.960 --> 34:25.280]  This week we put in her brief for the appeals court, for the district court that she's appealing
[34:25.280 --> 34:35.680]  to bankruptcy, and we also found out some of the criminal complaints to the county grangeries.
[34:35.680 --> 34:42.080]  I got this declaratory judgment prepared, a petition, did you get a chance to take a
[34:42.080 --> 34:43.080]  look at it?
[34:43.080 --> 34:45.080]  No, I didn't.
[34:45.080 --> 34:51.360]  I've been especially buried lately because I'm doing some building and finishing up a
[34:51.360 --> 34:57.640]  business plan for some promoters to try to get this project of mine funded, so I have
[34:57.640 --> 35:00.640]  been pretty distracted, so I did not see it.
[35:00.640 --> 35:05.440]  As a matter of fact, I don't remember an email from you.
[35:05.440 --> 35:10.840]  I sent it to you in Skype, but you were right in your Skype there, right on the internet.
[35:10.840 --> 35:11.840]  Okay.
[35:11.840 --> 35:12.840]  I might have missed that.
[35:12.840 --> 35:13.840]  Okay.
[35:13.840 --> 35:16.840]  I will check it though.
[35:16.840 --> 35:17.840]  Okay.
[35:17.840 --> 35:28.120]  Well, we tried to make it as clear as could be, and we addressed two issues only.
[35:28.120 --> 35:35.800]  The issues were that the notice that she sent to present the claim, or if you don't do it
[35:35.800 --> 35:38.720]  in six weeks, you got nothing.
[35:38.720 --> 35:46.160]  The other issue is the assignment to Countrywide in 2015.
[35:46.160 --> 36:00.800]  We asked the court to the final just as the prayer is that the conclusion that there can
[36:00.800 --> 36:06.440]  be no argument that the offer of payment of a timely file legitimate claim existed.
[36:06.440 --> 36:13.440]  The creditor, CFAB Mortgage Loan Trust, U.S. Bank and A trustee was aware of the opportunity
[36:13.440 --> 36:19.080]  to file and receive payment, and that the creditor waived the opportunity for payment
[36:19.080 --> 36:24.160]  when payment was offered and available, even with a notice of waiver of claim for failure
[36:24.160 --> 36:25.160]  to file the claim.
[36:25.160 --> 36:32.360]  And a doctor of latches should apply to this issue, and then that Lori has attempted to
[36:32.360 --> 36:39.880]  communicate with Countrywide alone via the United States Postal Service on multiple occasions
[36:39.880 --> 36:44.960]  to remove the deed of trust from the property, all mailings have been returned to Lori as
[36:44.960 --> 36:51.200]  undeliverable, Countrywide home loans were dissolved prior to the assignment of instrument
[36:51.200 --> 36:58.600]  number 2015-20872, and no business has been conducted by Countrywide Home Loans, Inc.,
[36:58.600 --> 37:03.320]  heredgar.com, since November 7th, 2008.
[37:03.320 --> 37:06.840]  There have been no other assignments for the deed of trust since 2015, and all conditions
[37:06.840 --> 37:12.480]  precedent for plaintiffs' claim for lease has been performed or has occurred, as that
[37:12.480 --> 37:13.480]  sounds.
[37:13.480 --> 37:14.480]  Sounds good.
[37:14.480 --> 37:18.720]  It's nice and short and sweet.
[37:18.720 --> 37:27.000]  And then under the prayer, plaintiff demands an issue, this court issue, an order declaring
[37:27.000 --> 37:33.880]  that claims represented in the instrument number 2004-09717 filed with a clerk of Denton County
[37:33.880 --> 37:39.440]  were waived by failure to present claims in 2012, following the notice and demand for
[37:39.440 --> 37:45.120]  presumptive claims of October 2nd, 2012, rendering the same void in no effect and unenforceable
[37:45.120 --> 37:51.640]  as to the holder under the Doctrine of Latches and Texas Business and Commerce Code subsection
[37:51.640 --> 37:59.440]  3.117 and section 3.601 and section 3.604.
[37:59.440 --> 38:03.800]  And further assignment and administration of the deed of trust is impossible following
[38:03.800 --> 38:15.080]  the deliberate recording of instrument 2015-20872 to Countrywide Home Loans, Inc. of their address.
[38:15.080 --> 38:17.080]  And that's it.
[38:17.080 --> 38:22.560]  To Countrywide, which was a non-existent entity.
[38:22.560 --> 38:30.960]  Their address is, yeah, their address is a Processing Center PO Box 10423VNIs, California,
[38:30.960 --> 38:32.960]  on March 3rd, 2015.
[38:32.960 --> 38:37.120]  So, Countrywide doesn't exist anymore, does it?
[38:37.120 --> 38:39.800]  No, not since 2008.
[38:39.800 --> 38:51.280]  Yeah, so they trans, they assign the mortgage to Oblivion.
[38:51.280 --> 39:05.560]  Countrywide Home Loans servicing LLC is part of Bank of America in A. And they purchased
[39:05.560 --> 39:10.840]  the assets of Countrywide Home Loans, Inc., but that was in 2008.
[39:10.840 --> 39:15.280]  But they did not become Countrywide Home Loans, Inc.
[39:15.280 --> 39:18.520]  Countrywide Home Loans, Inc. ceased to exist.
[39:18.520 --> 39:26.160]  I have a case on that, a brief on that, out of Austin, Texas.
[39:26.160 --> 39:30.040]  And the magistrate's name happened to be Austin.
[39:30.040 --> 39:44.320]  But it was, we think who that was, Citibank, City Mortgage, and a company owned by City
[39:44.320 --> 39:49.760]  Mortgage that was a wholly owned subsidiary of City Mortgage.
[39:49.760 --> 39:56.320]  But what the brief said, while it's a wholly owned subsidiary of City Mortgage, it is not
[39:56.320 --> 39:57.320]  City Mortgage.
[39:57.320 --> 40:01.520]  It is a separate entity.
[40:01.520 --> 40:08.080]  And in this case, where Countrywide was absorbed by Bank of America, Bank of America did not
[40:08.080 --> 40:12.600]  become Countrywide, Countrywide ceased to exist.
[40:12.600 --> 40:22.920]  So, when they did an assignment to Countrywide in 2015, they assigned the mortgage into oblivion
[40:22.920 --> 40:30.880]  because it can't be assigned out of Countrywide because they assigned it to a dead guy.
[40:30.880 --> 40:35.280]  To someone with no executive officers.
[40:35.280 --> 40:36.280]  Exactly.
[40:36.280 --> 40:43.520]  So, I put in the address so that there's no misunderstanding that it was directly assigned
[40:43.520 --> 40:45.440]  into somebody that didn't exist.
[40:45.440 --> 40:48.960]  The address they put on the assignment.
[40:48.960 --> 40:53.960]  And it can't be construed that they didn't know it didn't exist.
[40:53.960 --> 40:54.960]  Right.
[40:54.960 --> 40:57.560]  So, it'll be interesting.
[40:57.560 --> 41:00.520]  Did you just now file it?
[41:00.520 --> 41:01.520]  She hasn't filed it yet.
[41:01.520 --> 41:03.480]  She wanted you to look at it first.
[41:03.480 --> 41:07.360]  So, see if you thought it was sufficient.
[41:07.360 --> 41:09.360]  Well, it sounds great.
[41:09.360 --> 41:11.480]  I'll try to look at it tomorrow.
[41:11.480 --> 41:12.480]  Your format.
[41:12.480 --> 41:13.480]  Okay.
[41:13.480 --> 41:16.800]  And then Monday she can file it.
[41:16.800 --> 41:17.800]  So, just mail it in.
[41:17.800 --> 41:22.560]  See, because the thing is, there's a unique situation here.
[41:22.560 --> 41:31.480]  The judge in the bankruptcy case said that she cannot do anybody or bring anything new
[41:31.480 --> 41:36.760]  into the court unless she takes it to the Chief Judge of the Bankruptcy Court.
[41:36.760 --> 41:40.480]  Has she been ruled as a...
[41:40.480 --> 41:43.480]  Yes, they should have split again.
[41:43.480 --> 41:44.480]  Yes.
[41:44.480 --> 41:45.480]  Oh, okay.
[41:45.480 --> 41:49.480]  Has she appealed that ruling?
[41:49.480 --> 41:50.480]  No.
[41:50.480 --> 41:54.600]  Let me see.
[41:54.600 --> 41:57.040]  She appealed the ruling.
[41:57.040 --> 42:00.520]  We just didn't address the best sex to split again.
[42:00.520 --> 42:04.480]  We just addressed the other stuff in there because she did have...
[42:04.480 --> 42:10.320]  They said that they went down the rulings of why she was to get vexatious.
[42:10.320 --> 42:14.040]  And when we counted everything up, we had to say, yeah, that's about right because there
[42:14.040 --> 42:23.080]  were so many different lawsuits involved with same people that include in tube bankruptcy
[42:23.080 --> 42:28.760]  that within a short period of time that they can declare her, they can do what they want
[42:28.760 --> 42:34.920]  really, but fighting that isn't going to be at the end, too, just to her.
[42:34.920 --> 42:35.920]  Okay.
[42:35.920 --> 42:42.080]  So, it probably wouldn't have done any good if she had challenged the vexatious ruling
[42:42.080 --> 42:47.240]  that they would have considered that a frivolous challenge.
[42:47.240 --> 42:48.240]  Yeah.
[42:48.240 --> 42:55.400]  One of the reasons I like sending it to the Chief Justice is because specifically here,
[42:55.400 --> 43:01.960]  we send him a letter attached to the top and say, this is not attached, this is not matters
[43:01.960 --> 43:08.120]  under appeal, which concerns the questions under appeal that she has.
[43:08.120 --> 43:13.200]  And I list them about the forgery and the records and why such a question was dismissed
[43:13.200 --> 43:18.400]  by the bankruptcy court that, you know, why a landlunar cannot question a forgery, you
[43:18.400 --> 43:23.520]  know, and why a claim on a property can be supported by a forgery?
[43:23.520 --> 43:25.760]  You know, it's going to make his eyes open a little bit.
[43:25.760 --> 43:26.760]  You know what I mean?
[43:26.760 --> 43:27.760]  I hope.
[43:27.760 --> 43:30.280]  Maybe he'll go over the case.
[43:30.280 --> 43:31.280]  We hope so.
[43:31.280 --> 43:32.280]  Yeah.
[43:32.280 --> 43:33.280]  We hope.
[43:33.280 --> 43:39.160]  I told Debra, I said, maybe he'll have a heart-to-heart with her and say, what's going on here?
[43:39.160 --> 43:40.160]  You know?
[43:40.160 --> 43:43.320]  Especially with this other stuff.
[43:43.320 --> 43:44.320]  Okay.
[43:44.320 --> 43:45.320]  Hang on.
[43:45.320 --> 43:46.320]  Back to go to break.
[43:46.320 --> 43:49.320]  Randy Kelton, the rule of law radio, our call in number 512.
[43:49.320 --> 43:54.880]  Oh, I'm not going to give that out, the court is full, so we can't take any more until someone
[43:54.880 --> 43:55.880]  drops off.
[43:55.880 --> 43:56.880]  Hang on.
[43:56.880 --> 43:59.880]  We'll be right back.
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[45:10.320 --> 45:14.320]  course that will show you how in 24 hours, step-by-step.
[45:14.320 --> 45:18.320]  If you have a lawyer, know what your lawyer should be doing.
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[45:22.320 --> 45:27.320]  Thousands have won with our step-by-step course, and now you can too.
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[45:38.320 --> 45:42.320]  principles and practices that control our American courts.
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[45:55.320 --> 46:14.320]  Or call toll-free 866-LAW-E-Z.
[46:14.320 --> 46:37.320]  Okay, we are back.
[46:37.320 --> 46:42.320]  Randy Kelton, rule of law radio, and I need to take this opportunity to talk about our
[46:42.320 --> 46:47.320]  fundraiser. We've had it going since the first of the year, and it's, frankly, it's not
[46:47.320 --> 46:51.320]  doing terribly well, and we're struggling here.
[46:51.320 --> 46:58.320]  If you would, if you find value in our presentations, go to Logos Radio Network and
[46:58.320 --> 47:05.320]  check out some of the products we have to sell, because, frankly, most of what goes
[47:05.320 --> 47:09.320]  into those products actually goes into the radio station.
[47:09.320 --> 47:15.320]  And we're, a lot of the support for the radio station comes from us broadcasters, or
[47:15.320 --> 47:19.320]  us speakers, and we're struggling to keep this thing going.
[47:19.320 --> 47:24.320]  It's important to us, and we don't mind contributing to it, but we would hope that
[47:24.320 --> 47:30.320]  people who find value in what we present would send some of that value back.
[47:30.320 --> 47:35.320]  Even if it's a small amount, every little bit helps, it builds up.
[47:35.320 --> 47:41.320]  We're constantly needing to replace equipment to keep all this up and going, and
[47:41.320 --> 47:46.320]  Deborah really struggles to keep things going, so we'd appreciate any help we can
[47:46.320 --> 47:48.320]  get to keep this thing on the air.
[47:48.320 --> 47:54.320]  Okay, going back to Leslie in Arizona.
[47:54.320 --> 48:01.320]  I had to think about this, I'm so used to Leslie in Pennsylvania.
[48:01.320 --> 48:05.320]  That's it for this week.
[48:05.320 --> 48:10.320]  This week coming, we're expecting to get a response from that foreclosure case in
[48:10.320 --> 48:19.320]  Pennsylvania, where there was a mortgage being foreclosed that the homeowner did
[48:19.320 --> 48:21.320]  not sign.
[48:21.320 --> 48:27.320]  The one that he signed with his wife was replaced with a forgery and recorded, and
[48:27.320 --> 48:31.320]  they're foreclosing on the forgery.
[48:31.320 --> 48:34.320]  Have you filed criminally on those?
[48:34.320 --> 48:38.320]  I have asked them to file criminal charges.
[48:38.320 --> 48:41.320]  That should be the first thing they do.
[48:41.320 --> 48:48.320]  If that's Pennsylvania, you have a much better way of getting and getting at them
[48:48.320 --> 48:50.320]  than we do in Texas.
[48:50.320 --> 48:52.320]  I know.
[48:52.320 --> 48:58.320]  You don't have a grand jury directly, you have one, but only the district judge can
[48:58.320 --> 49:00.320]  get to the grand jury.
[49:00.320 --> 49:07.320]  But in Pennsylvania, you have standing, and that makes up for no grand jury.
[49:07.320 --> 49:13.320]  If you file a complaint with a prosecuting attorney, he has a first blush,
[49:13.320 --> 49:15.320]  discretion.
[49:15.320 --> 49:20.320]  He has discretion to determine whether or not there is sufficient evidence to
[49:20.320 --> 49:24.320]  believe that a crime has been committed and the accused has committed the crime.
[49:24.320 --> 49:29.320]  What he doesn't have is prosecutorial caprice.
[49:29.320 --> 49:34.320]  He does not have the authority to decide what he wants to prosecute and what he
[49:34.320 --> 49:36.320]  does not want to prosecute.
[49:36.320 --> 49:40.320]  So when you give it to the prosecuting attorney and he refuses to prosecute,
[49:40.320 --> 49:46.320]  you can appeal to the court of common please, and you can also file a criminal
[49:46.320 --> 49:51.320]  charge against the prosecuting attorney with the attorney general who has
[49:51.320 --> 49:57.320]  prosecutorial powers in Pennsylvania, unlike Texas, where the prosecutorial
[49:57.320 --> 50:00.320]  power of the attorney general is very limited.
[50:00.320 --> 50:08.320]  And then when the attorney general exercises the same caprice, you and
[50:08.320 --> 50:14.320]  refuses to prosecute, you appeal to the court of common please, and then you file
[50:14.320 --> 50:18.320]  a district court against the attorney general.
[50:18.320 --> 50:24.320]  And you can appeal the court of common please, refuses to act.
[50:24.320 --> 50:29.320]  You can appeal all the way up to the Pennsylvania Supreme.
[50:29.320 --> 50:35.320]  Just make life miserable for everybody.
[50:35.320 --> 50:38.320]  So you have a lot of fun in Pennsylvania with criminal complaints.
[50:38.320 --> 50:42.320]  And at the end of the day, it's all politics.
[50:42.320 --> 50:47.320]  You have to essentially accept that the judges are bought and paid for.
[50:47.320 --> 50:48.320]  Maybe they're not.
[50:48.320 --> 50:49.320]  Maybe that's...
[50:49.320 --> 50:52.320]  Especially in Pennsylvania.
[50:52.320 --> 50:53.320]  Yeah.
[50:53.320 --> 51:00.320]  It seems, unfortunately, Pennsylvania doesn't have a exclusive on corrupt judges.
[51:00.320 --> 51:06.320]  It may be that you have some judges that are not corrupt, but it behooves you to
[51:06.320 --> 51:12.320]  treat them as if they are and conduct your business as if they are.
[51:12.320 --> 51:16.320]  If the judge is not corrupt, and he actually will rule in your favor so much,
[51:16.320 --> 51:17.320]  it's better.
[51:17.320 --> 51:22.320]  But if he doesn't, then you're prepared for the alternative.
[51:22.320 --> 51:26.320]  And politics.
[51:26.320 --> 51:31.320]  The bigger pain in the neck you are, the squeakier wheel you become.
[51:31.320 --> 51:39.320]  And I know I'm mixing metaphors, but squeaky wheels are the ones that get lubricated.
[51:39.320 --> 51:46.320]  So if you want to get a ruling in your favor in a corrupt system, make a lot of noise,
[51:46.320 --> 51:50.320]  be a pain in the neck, be somebody they want to get rid of.
[51:50.320 --> 51:51.320]  Okay.
[51:51.320 --> 51:55.320]  So give us up to date on that one.
[51:55.320 --> 52:01.320]  I'm hoping to start hearing that the courts are beginning to turn a corner.
[52:01.320 --> 52:06.320]  But I've been hoping for that for a long time, and it hasn't happened.
[52:06.320 --> 52:11.320]  But I am close to getting my tools funded.
[52:11.320 --> 52:17.320]  Once I get it funded, within six months I'll have it up and working.
[52:17.320 --> 52:23.320]  And once it's up and working, we will change everything.
[52:23.320 --> 52:27.320]  Then the law becomes consistent.
[52:27.320 --> 52:35.320]  And we have laws in there that lawyers do not like to adjudicate.
[52:35.320 --> 52:40.320]  We're building the questionnaires through lawyers for lawyers.
[52:40.320 --> 52:46.320]  But what we don't tell them is we're using lawyers to build them for the prosaic litigants.
[52:46.320 --> 52:52.320]  The lawyers will come to the table with all of the law and the legal issues.
[52:52.320 --> 52:58.320]  What they won't come to the table with are the remedies we have against judges,
[52:58.320 --> 53:04.320]  other lawyers, prosecutors, when they fail to perform their duties.
[53:04.320 --> 53:07.320]  Lawyers tend not to step on other lawyers.
[53:07.320 --> 53:13.320]  The State Bar Association of State of Texas complained in an article recently
[53:13.320 --> 53:22.320]  that 25% of all cases are represented prosaic.
[53:22.320 --> 53:28.320]  And they attributed that to the fact that the public not only could not afford lawyers,
[53:28.320 --> 53:31.320]  but they didn't trust lawyers.
[53:31.320 --> 53:40.320]  So we've got 25% that if we do this right, we can give these guys to hammer their courts
[53:40.320 --> 53:45.320]  and the prosecutors and just the police, everybody.
[53:45.320 --> 53:54.320]  We start nailing them every time they move the least bit out of line, we hammer them.
[53:54.320 --> 53:59.320]  We'll change everything and I don't think it'll take long.
[53:59.320 --> 54:01.320]  Oh, I hope not.
[54:01.320 --> 54:03.320]  Well, I've been good talking to you.
[54:03.320 --> 54:11.320]  Okay, thank you, Ms. Leslie. Okay, now we're going to Francis in Colorado.
[54:11.320 --> 54:13.320]  Hello, Ms. Francis.
[54:13.320 --> 54:15.320]  Hi, Randy.
[54:15.320 --> 54:16.320]  Howard.
[54:16.320 --> 54:18.320]  What do you have for us today?
[54:18.320 --> 54:23.320]  Well, it's the same case that there's a judgment against us
[54:23.320 --> 54:29.320]  and that's the moment they stole two cars out of our yard.
[54:29.320 --> 54:35.320]  So I want to start, though, with I'm just, well, I'm not just discovering.
[54:35.320 --> 54:38.320]  I guess I'm just kind of coming out of my shell.
[54:38.320 --> 54:43.320]  There's no subject matter jurisdiction because of the way to say we were denied the process
[54:43.320 --> 54:48.320]  and it was agreed just that we were denied the process.
[54:48.320 --> 54:53.320]  There were some interrogatories that we had to answer from the plaintiff
[54:53.320 --> 54:58.320]  and we answered them honestly and carefully.
[54:58.320 --> 55:02.320]  And he didn't like the answer so we had to redo them and redo them and redo them.
[55:02.320 --> 55:08.320]  We redid them four times and after the third time, the judge, the plaintiff,
[55:08.320 --> 55:14.320]  stood up and moved the court to change our answers on the interrogatories
[55:14.320 --> 55:17.320]  to affirm everything that he said.
[55:17.320 --> 55:22.320]  And the judge started in on us, my husband and I,
[55:22.320 --> 55:25.320]  and I asked the judge if he was asking, telling us the lie.
[55:25.320 --> 55:29.320]  And he said no, but he thought that we could do better
[55:29.320 --> 55:32.320]  and I knew at that moment that we were being trapped,
[55:32.320 --> 55:36.320]  that we either had to lie, which was going to be a problem,
[55:36.320 --> 55:38.320]  or he was setting us up.
[55:38.320 --> 55:42.320]  So what he did, and he admitted this a week ago,
[55:42.320 --> 55:47.320]  he said, well, I granted the $64,000 judgment against you
[55:47.320 --> 55:51.320]  because your answers to the interrogatories were inadequate.
[55:51.320 --> 55:55.320]  That's not due process of law and that was coercion.
[55:55.320 --> 55:59.320]  Have you filed criminally against the judge?
[55:59.320 --> 56:00.320]  I have not.
[56:00.320 --> 56:04.320]  I'm asking, again, I'm calling to ask what to do.
[56:04.320 --> 56:08.320]  I put in an emotion yesterday or a response to notice of affidavit
[56:08.320 --> 56:13.320]  and noticed that the judge, that subject matter jurisdiction is taloned,
[56:13.320 --> 56:17.320]  it has not been proven the court should not be acting at all,
[56:17.320 --> 56:21.320]  that they have been acting outside of jurisdiction for this whole time.
[56:21.320 --> 56:25.320]  The judgment is void and they're threatening both my husband and I
[56:25.320 --> 56:32.320]  with $20,000 all cash fund because my husband is...
[56:32.320 --> 56:34.320]  They wanted us to give up another car.
[56:34.320 --> 56:36.320]  They freaked me out so bad.
[56:36.320 --> 56:40.320]  We gave him a Mercedes.
[56:40.320 --> 56:41.320]  That's what...
[56:41.320 --> 56:45.320]  And he wants two more cars.
[56:45.320 --> 56:50.320]  And he already took another Mercedes and he took an old one
[56:50.320 --> 56:52.320]  but this one wasn't old.
[56:52.320 --> 56:58.320]  And they did it under threat of coercion.
[56:58.320 --> 57:02.320]  You know, we're in our sixties but my husband goes to jail for his job
[57:02.320 --> 57:06.320]  and so the judge said, well, you know, blah, blah, blah.
[57:06.320 --> 57:12.320]  And, you know, that's property now and then liberty, threat of liberty.
[57:12.320 --> 57:16.320]  You need to get this in the federal court.
[57:16.320 --> 57:18.320]  Is that where I go?
[57:18.320 --> 57:22.320]  That's what I was thinking today is that I need to go to the federal court
[57:22.320 --> 57:27.320]  because I had it on appeal and they didn't expand my time to respond
[57:27.320 --> 57:28.320]  and I missed the date.
[57:28.320 --> 57:30.320]  I've never done that, Randy.
[57:30.320 --> 57:32.320]  I always do what you tell us to do.
[57:32.320 --> 57:36.320]  This thing has gotten me so twisted out, this guy.
[57:36.320 --> 57:39.320]  So the U.S. District Court is where to go?
[57:39.320 --> 57:41.320]  Yes, absolutely.
[57:41.320 --> 57:44.320]  Follow Rico's suit against him.
[57:44.320 --> 57:49.320]  If they're doing this to you, they're doing it to other people as well.
[57:49.320 --> 57:50.320]  Okay.
[57:50.320 --> 57:53.320]  And they're going to try to trap you.
[57:53.320 --> 57:56.320]  They get you in jail, then they can take everything you got.
[57:56.320 --> 57:58.320]  You can't do anything about it.
[57:58.320 --> 58:05.320]  So get them to the federal court and get a stay on any of their actions
[58:05.320 --> 58:07.320]  until you get a judication in the federal court.
[58:07.320 --> 58:15.320]  The federal court's corrupt as well, but they don't have their snouts in the same trough.
[58:15.320 --> 58:16.320]  Right.
[58:16.320 --> 58:24.320]  Well, I have a, you know, with Leslie, whoever was with the daughter in the bankruptcy court,
[58:24.320 --> 58:27.320]  you know, I went through that whole court and actually I'm getting ready to write
[58:27.320 --> 58:31.320]  a petition of pressureary because I was denied.
[58:31.320 --> 58:34.320]  There's a rule of withdrawal of reference.
[58:34.320 --> 58:35.320]  Okay.
[58:35.320 --> 58:36.320]  Hang on.
[58:36.320 --> 58:42.320]  I'm not going to go out to call in number or call boards are full.
[58:42.320 --> 59:11.320]  We'll be right back.
[59:12.320 --> 59:38.320]  We'll be right back.
[59:38.320 --> 01:00:07.320]  We'll be right back.
[01:00:08.320 --> 01:00:37.320]  We'll be right back.
[01:00:38.320 --> 01:00:48.320]  We'll be right back.
[01:01:08.320 --> 01:01:13.320]  It also prohibited unequal application of voter registration requirements, racial segregation
[01:01:13.320 --> 01:01:18.320]  in public schools and employment and public accommodations for places of business today
[01:01:18.320 --> 01:01:23.320]  in history.
[01:01:23.320 --> 01:01:28.320]  In recent news, tensions in Syria seem to reach new levels after a chemical attack on civilians
[01:01:28.320 --> 01:01:31.320]  in the city of Duma, which left 40 dead and many injured.
[01:01:31.320 --> 01:01:36.320]  An attack which is being blamed on the democratically elected president of Syria, Bashar al-Assad,
[01:01:36.320 --> 01:01:41.320]  by the United States and on Israel by Russia, either accusatory narrative without any verified
[01:01:41.320 --> 01:01:43.320]  evidence as of yet.
[01:01:43.320 --> 01:01:47.320]  President Trump tweeted today, Wednesday, that if, quote, Russia vows to shoot down any and
[01:01:47.320 --> 01:01:51.320]  all missiles fired at Syria, get ready, Russia, because they will be coming in nice and new
[01:01:51.320 --> 01:01:52.320]  and smart.
[01:01:52.320 --> 01:01:56.320]  Going on to warn Russia that you shouldn't be partners with a gas-killing animal who
[01:01:56.320 --> 01:01:58.320]  kills his people and enjoys it.
[01:01:58.320 --> 01:02:02.320]  Many in the West, including President Trump, have been quick to conclude that this chemical
[01:02:02.320 --> 01:02:06.320]  attack must have been conducted by Assad and his forces.
[01:02:06.320 --> 01:02:10.320]  Syria and Russia, on the other hand, have given approval since yesterday for the organization
[01:02:10.320 --> 01:02:15.320]  for the prohibition of chemical weapons to investigate the sign of the chemical slaughter.
[01:02:15.320 --> 01:02:19.320]  Assad has been successful in maintaining rule and support during Syria's seven-year civil
[01:02:19.320 --> 01:02:23.320]  war, a civil war that is being fought by the government of Syria and anti-Assad Syrian
[01:02:23.320 --> 01:02:28.320]  rebels that are openly being funded by Western governments, with ISIS being one of the more
[01:02:28.320 --> 01:02:32.320]  notorious splinter groups of the American-backed Syrian rebels.
[01:02:32.320 --> 01:02:37.320]  No surprise then why Russian Foreign Minister Spokeswoman Maria Zakoba posted on Facebook
[01:02:37.320 --> 01:02:42.320]  that smart missiles should be fired at terrorists and not at a legitimate government, which has
[01:02:42.320 --> 01:02:44.320]  been fighting terrorists.
[01:02:44.320 --> 01:02:47.320]  Or is this a trick to destroy all traces with a smart missile strike?
[01:02:47.320 --> 01:02:51.320]  And then there will be no evidence for international inspectors to look at.
[01:02:51.320 --> 01:03:00.320]  This was Kurt Brody with your lowdown for April 11, 2018.
[01:03:21.320 --> 01:03:25.320]  Okay, we are back.
[01:03:25.320 --> 01:03:28.320]  Randy Kelton, rule of law radio.
[01:03:28.320 --> 01:03:34.320]  And we're talking to Francis in Colorado.
[01:03:34.320 --> 01:03:43.320]  And if they're doing this to you, there's a good chance they're doing it to other people.
[01:03:43.320 --> 01:03:48.320]  And if you can, you might file the case.
[01:03:48.320 --> 01:03:53.320]  And let me give you a little idea of what the feds do, what the U.S. attorneys do.
[01:03:53.320 --> 01:04:00.320]  The U.S. attorney finds something they can get an indictment for.
[01:04:00.320 --> 01:04:03.320]  And it doesn't matter how minor it is.
[01:04:03.320 --> 01:04:07.320]  If they think somebody's a real bad guy, they try to get an indictment over something relatively
[01:04:07.320 --> 01:04:08.320]  minor.
[01:04:08.320 --> 01:04:13.320]  They don't want to risk pushing for an indictment on something that really matters.
[01:04:13.320 --> 01:04:15.320]  So they push for something minor.
[01:04:15.320 --> 01:04:17.320]  Once they get an indictment.
[01:04:17.320 --> 01:04:23.320]  Now that opens the door for them to be more intrusive.
[01:04:23.320 --> 01:04:26.320]  Then they go in and do their real research.
[01:04:26.320 --> 01:04:29.320]  And then everything else comes as a superseding indictment.
[01:04:29.320 --> 01:04:34.320]  And most of the times they do that by bypassing the grand juries.
[01:04:34.320 --> 01:04:39.320]  So you might take a page from their workbook.
[01:04:39.320 --> 01:04:44.320]  Pick something relatively minor that you can go after them with.
[01:04:44.320 --> 01:04:48.320]  Use that to move for discovery.
[01:04:48.320 --> 01:04:54.320]  And when you file a federal suit, what you're going to do is file a motion to dismiss for
[01:04:54.320 --> 01:04:57.320]  failure of state of claim on which cover can be had.
[01:04:57.320 --> 01:04:58.320]  Rule 12B6.
[01:04:58.320 --> 01:05:09.320]  So you might look for something that you can claim, move for declaratory judgment.
[01:05:09.320 --> 01:05:16.320]  These guys, declaratory judgment in terms of law is relatively recent.
[01:05:16.320 --> 01:05:23.320]  Prior to the declaratory judgments act, you could only invoke subject matter jurisdiction
[01:05:23.320 --> 01:05:26.320]  of the court if you could brave your actually harmed.
[01:05:26.320 --> 01:05:28.320]  You had to bring an actual controversy.
[01:05:28.320 --> 01:05:33.320]  But with the declaratory judgments act, you don't have to.
[01:05:33.320 --> 01:05:38.320]  You ask the court to make a ruling declaring the rights of the parties.
[01:05:38.320 --> 01:05:47.320]  So you find something that appears as though it violates a federal due process right.
[01:05:47.320 --> 01:05:53.320]  And the more specific and the more dead bang you can get, the better.
[01:05:53.320 --> 01:05:56.320]  And then petition for declaratory judgment.
[01:05:56.320 --> 01:05:59.320]  Now they can't get out with a rule 12.
[01:05:59.320 --> 01:06:00.320]  Now they did that.
[01:06:00.320 --> 01:06:03.320]  I filed one in Fort Worth.
[01:06:03.320 --> 01:06:09.320]  And they dismissed it with, the judge dismissed it with prejudice for failure of state of
[01:06:09.320 --> 01:06:11.320]  claim on which cover can be had.
[01:06:11.320 --> 01:06:14.320]  And I immediately filed criminal charges against the judge.
[01:06:14.320 --> 01:06:18.320]  Well, I've had several people file that suit since then.
[01:06:18.320 --> 01:06:21.320]  And he has not dismissed one of them.
[01:06:21.320 --> 01:06:23.320]  Because I think he got stung.
[01:06:23.320 --> 01:06:30.320]  And I suspect that every other judge in a federal judge in the country got noticed of that.
[01:06:30.320 --> 01:06:36.320]  Don't be dismissing a declaratory judgment suit for failure to state of claim.
[01:06:36.320 --> 01:06:40.320]  These guys don't seem to understand declaratory judgment.
[01:06:40.320 --> 01:06:46.320]  And your lawyers want, they'll almost certainly file a rule 12 motion to dismiss.
[01:06:46.320 --> 01:06:51.320]  And then you get to respond with the fact that there is no claim.
[01:06:51.320 --> 01:06:53.320]  So it doesn't fall under rule 12.
[01:06:53.320 --> 01:06:56.320]  And that gets you to discovery.
[01:06:56.320 --> 01:07:02.320]  Now you've got federal discovery you can work with.
[01:07:02.320 --> 01:07:06.320]  Are you there?
[01:07:06.320 --> 01:07:11.320]  Oh, Francis, somebody didn't unmute you.
[01:07:11.320 --> 01:07:14.320]  I muted you because I was getting some background noises.
[01:07:14.320 --> 01:07:17.320]  Okay, go ahead, Ms. Francis.
[01:07:17.320 --> 01:07:21.320]  So you're saying file a RICO suit, but then I, and...
[01:07:21.320 --> 01:07:23.320]  Okay, let me correct.
[01:07:23.320 --> 01:07:24.320]  My bad.
[01:07:24.320 --> 01:07:27.320]  You don't file a RICO suit first.
[01:07:27.320 --> 01:07:31.320]  You file the declaratory judgment first.
[01:07:31.320 --> 01:07:36.320]  The declaratory judgment gets you discovery.
[01:07:36.320 --> 01:07:45.320]  And then you go for discovery that will set you up for your RICO suit.
[01:07:45.320 --> 01:07:47.320]  Okay.
[01:07:47.320 --> 01:07:54.320]  Okay, so now when I'm naming parties, so there was one fellow that has two different lawsuits or law firms or whatever.
[01:07:54.320 --> 01:07:59.320]  You know, he's an individual with different names depending on if he's doing a bankruptcy or whatever.
[01:07:59.320 --> 01:08:01.320]  And then he allegedly hired attorneys.
[01:08:01.320 --> 01:08:03.320]  Do I name his attorneys as well as...
[01:08:03.320 --> 01:08:07.320]  Well, it depends on what your declaratory judgment suits about.
[01:08:07.320 --> 01:08:15.320]  You need to find an issue of law that was improperly adjudicated.
[01:08:15.320 --> 01:08:24.320]  And I have Texas case law beneath to convert that to federal case law that says it is a...
[01:08:24.320 --> 01:08:33.320]  That a judge has no discretion in properly applying the law to the facts.
[01:08:33.320 --> 01:08:39.320]  Failure to do so is an abusive discretion and subject to extraordinary writ.
[01:08:39.320 --> 01:08:41.320]  Well, I'm looking at abusive discretion.
[01:08:41.320 --> 01:08:49.320]  If a judge abuses his discretion and in the process denies this litigant in the full free access to rejoining the right,
[01:08:49.320 --> 01:08:53.320]  that's a criminal act the way I read the codes.
[01:08:53.320 --> 01:08:58.320]  And we have charged a judge here, Tim, who was on earlier.
[01:08:58.320 --> 01:09:02.320]  We charged a judge criminally for that.
[01:09:02.320 --> 01:09:07.320]  So I'm hoping we've got his attention.
[01:09:07.320 --> 01:09:16.320]  But look for, put together a case as if you were going to file a recal suit.
[01:09:16.320 --> 01:09:23.320]  And then look at the issues that you have to prove.
[01:09:23.320 --> 01:09:30.320]  Find one that you absolutely can prove, one that goes to point of law.
[01:09:30.320 --> 01:09:36.320]  And then file a petition for declaratory judgment on that issue.
[01:09:36.320 --> 01:09:40.320]  One that is essentially dead bang.
[01:09:40.320 --> 01:09:49.320]  Once you file that one, then you get to discovery because they can't dump it on a rule 12.
[01:09:49.320 --> 01:09:57.320]  And then you go for discovery that will have the appearance of supporting your claim,
[01:09:57.320 --> 01:10:04.320]  but lead you toward evidence that'll get you to a recal suit.
[01:10:04.320 --> 01:10:08.320]  They really hate Rico and you can sue the state under Rico.
[01:10:08.320 --> 01:10:10.320]  The state itself.
[01:10:10.320 --> 01:10:13.320]  Okay.
[01:10:13.320 --> 01:10:14.320]  All right.
[01:10:14.320 --> 01:10:18.320]  And because, you know what, this is subject matter jurisdiction and it's also in due process.
[01:10:18.320 --> 01:10:28.320]  And the bankruptcy one, which I've, you know, we've got what, what did I say, 16 judges and 16 attorneys across two states that colluded with,
[01:10:28.320 --> 01:10:30.320]  you know, over my dad's estate.
[01:10:30.320 --> 01:10:34.320]  This thing went on and this is, this is where this attorney that's doing me.
[01:10:34.320 --> 01:10:36.320]  That's where he came in.
[01:10:36.320 --> 01:10:39.320]  He was my attorney for that and made an absolute mess of it.
[01:10:39.320 --> 01:10:41.320]  And that's also a Rico case.
[01:10:41.320 --> 01:10:43.320]  I've kind of backed off of those.
[01:10:43.320 --> 01:10:47.320]  I just, this, this one has just worn me down, Randy.
[01:10:47.320 --> 01:10:50.320]  I didn't think there was anything that ever could wear me down.
[01:10:50.320 --> 01:10:59.320]  So, okay, so I just, I just write this up and then I look for that one area and then do I just write up the declaratory judgment or do I,
[01:10:59.320 --> 01:11:02.320]  I don't file the Rico altogether or do I?
[01:11:02.320 --> 01:11:04.320]  No, no, you don't file the Rico yet.
[01:11:04.320 --> 01:11:10.320]  You use, you look at the Rico, that's your chessboard.
[01:11:10.320 --> 01:11:13.320]  You lay out the chessboard.
[01:11:13.320 --> 01:11:19.320]  Once you've got your plan all laid out, now you look at it and say,
[01:11:19.320 --> 01:11:28.320]  which one of the elements in here could I likely get a declaratory judgment ruling on?
[01:11:28.320 --> 01:11:37.320]  The good thing about declaratory judgment is the judge is not granting any benefit to you.
[01:11:37.320 --> 01:11:42.320]  He's not granting any kind of claim, so he's not harming anyone.
[01:11:42.320 --> 01:11:47.320]  And if you pick your issue so that it's an element and,
[01:11:47.320 --> 01:11:55.320]  or a generally an element of an, of a claim, but not the claim itself.
[01:11:55.320 --> 01:12:01.320]  If he gives you this ruling on the element, he doesn't give you the whole claim.
[01:12:01.320 --> 01:12:09.320]  So you pick the element that's most strategic and then that becomes restorative.
[01:12:09.320 --> 01:12:12.320]  And that gives you leverage to move forward.
[01:12:12.320 --> 01:12:20.320]  So lay out your issues first and then look at what issues do you absolutely have to prove?
[01:12:20.320 --> 01:12:26.320]  What issues can you prove out of hand and which ones are harder?
[01:12:26.320 --> 01:12:33.320]  And what rulings do you need to get the more difficult rulings in your favor?
[01:12:33.320 --> 01:12:38.320]  You lay out your chessboard and then you pick the place to start.
[01:12:38.320 --> 01:12:44.320]  There's no way to tell that from the beginning because as you put together one of these suits,
[01:12:44.320 --> 01:12:48.320]  they'll kind of take on a life of their own.
[01:12:48.320 --> 01:12:54.320]  And if you pay attention to them, they will tell you how to develop the suits.
[01:12:54.320 --> 01:12:58.320]  Most of the times when I develop a suit, especially a large one,
[01:12:58.320 --> 01:13:03.320]  it almost never winds up where I thought it would.
[01:13:03.320 --> 01:13:09.320]  I start out thinking it'll be in one place and I start laying down my issues and my arguments
[01:13:09.320 --> 01:13:17.320]  and searching out the case law for my issues and arguments and they always throw up stuff I hadn't expected.
[01:13:17.320 --> 01:13:23.320]  And a lot of times the arguments I thought would be easy, I'd get an absolute roadblock too.
[01:13:23.320 --> 01:13:27.320]  And then they pointed other issues I'd have never dreamed of.
[01:13:27.320 --> 01:13:30.320]  So build your suit first.
[01:13:30.320 --> 01:13:34.320]  Think of it as setting up your chessboard.
[01:13:34.320 --> 01:13:46.320]  And a lot of times things I ask for things that I want them to object to because I want their objections.
[01:13:46.320 --> 01:13:49.320]  Then I get to use those against them.
[01:13:49.320 --> 01:13:57.320]  When they argue an issue and they take a position in the court, that becomes collateral estoppals.
[01:13:57.320 --> 01:14:01.320]  They can't take a different position.
[01:14:01.320 --> 01:14:06.320]  So I look for things where I can get them to take a position and argue against me.
[01:14:06.320 --> 01:14:09.320]  The declaratory adjustment suit I addressed earlier.
[01:14:09.320 --> 01:14:21.320]  Wells Fargo was the lender and this lawyer filed a Rule 12 motion to dismiss and said the court should dismiss the case
[01:14:21.320 --> 01:14:24.320]  because Wells Fargo was not the lender.
[01:14:24.320 --> 01:14:27.320]  Say what?
[01:14:27.320 --> 01:14:30.320]  Well, maybe Wells Fargo was the original lender.
[01:14:30.320 --> 01:14:38.320]  We may not be the lender now or the holder, but as the servicer they stand in the shoes of the holder.
[01:14:38.320 --> 01:14:42.320]  So the lawyer made a big blunder.
[01:14:42.320 --> 01:14:45.320]  So what do you do when the lawyer screws up?
[01:14:45.320 --> 01:14:48.320]  Do you go in there and say, oh, the lawyer screwed up?
[01:14:48.320 --> 01:14:54.320]  Nah, I ran in with a non-suit.
[01:14:54.320 --> 01:14:57.320]  Oh my goodness, I made a mistake.
[01:14:57.320 --> 01:14:59.320]  My bad.
[01:14:59.320 --> 01:15:07.320]  Here Wells Fargo was trying to foreclose so I presumed that they were the holder or the agent of the holder.
[01:15:07.320 --> 01:15:15.320]  But since counsel has indicated that they are neither, then a non-suit.
[01:15:15.320 --> 01:15:17.320]  Now they're stuck.
[01:15:17.320 --> 01:15:20.320]  They made that statement in court.
[01:15:20.320 --> 01:15:26.320]  Had I argued the statement, they could have fixed their error, but I'd be a non-suited immediately.
[01:15:26.320 --> 01:15:31.320]  It just happened that the judge dismissed with prejudice the same day I non-suited.
[01:15:31.320 --> 01:15:35.320]  That's why I went back after him criminally.
[01:15:35.320 --> 01:15:41.320]  But at that point, Wells Fargo was subject to collateral restoppel.
[01:15:41.320 --> 01:15:49.320]  And I had cases where one woman was being foreclosed on by Deutsche Bank.
[01:15:49.320 --> 01:15:57.320]  And Deutsche Bank had just been in a case with Bank of America over one of these trusts.
[01:15:57.320 --> 01:16:04.320]  And Deutsche Bank stated in this court that they had no interest in any of the mortgages in this trust.
[01:16:04.320 --> 01:16:08.320]  Well, her mortgage was in that trust.
[01:16:08.320 --> 01:16:11.320]  They made that statement in court.
[01:16:11.320 --> 01:16:17.320]  They could never make a contrary statement in another court to collateral restop.
[01:16:17.320 --> 01:16:29.320]  So part of your strategy is how can we set them up to fight one issue that will give us collateral restoppel for another?
[01:16:29.320 --> 01:16:34.320]  It gets more complex, but you're the plaintiff.
[01:16:34.320 --> 01:16:40.320]  So you've got time to lay down your strategy and set these guys up.
[01:16:40.320 --> 01:16:43.320]  Does that make sense?
[01:16:43.320 --> 01:16:49.320]  It does. I just have to put my nose to the grindstone and start writing this thing up.
[01:16:49.320 --> 01:16:52.320]  In the meantime, it's like the way I set a hearing.
[01:16:52.320 --> 01:16:54.320]  Hang on. I'm about to go to break.
[01:16:54.320 --> 01:16:59.320]  We'll be right back.
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[01:19:33.320 --> 01:19:34.320]  Randy Kelton.
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[01:19:45.320 --> 01:19:46.320]  Okay.
[01:19:46.320 --> 01:19:48.320]  I'll get this straight in a minute, Francis.
[01:19:48.320 --> 01:19:50.320]  Okay.
[01:19:50.320 --> 01:19:56.320]  Okay, so in the court where we are now, there is subject matter
[01:19:56.320 --> 01:19:58.320]  jurisdiction that has been challenged.
[01:19:58.320 --> 01:20:02.320]  The Court is trying to state that he can just decide what he has
[01:20:02.320 --> 01:20:05.320]  jurisdiction over, which you know is not true.
[01:20:05.320 --> 01:20:08.320]  And actually it's the plaintiff.
[01:20:08.320 --> 01:20:12.320]  I understand it has to prove that there's jurisdiction.
[01:20:12.320 --> 01:20:16.320]  No, no, it is the court that has to prove.
[01:20:16.320 --> 01:20:20.320]  Generally, they get the plaintiff to do it for them.
[01:20:20.320 --> 01:20:29.320]  But when the court orders you to appear on threat of potential negative consequences, if you don't,
[01:20:29.320 --> 01:20:34.320]  the court is the one that has to be sure they have authority to do that.
[01:20:34.320 --> 01:20:44.320]  In a death collection case, the collector filed a suit in the JP court,
[01:20:44.320 --> 01:20:50.320]  and the guy got a hold of me and asked me what I thought, and I read the suit, and I said,
[01:20:50.320 --> 01:20:52.320]  no, they don't have a prayer.
[01:20:52.320 --> 01:20:54.320]  And he said, well, why not?
[01:20:54.320 --> 01:20:58.320]  I said, I don't know. They don't have a prayer.
[01:20:58.320 --> 01:21:03.320]  They went through the whole thing and told what a no good rotten deadbeat scoundrel he was,
[01:21:03.320 --> 01:21:06.320]  but they didn't ask for anything.
[01:21:06.320 --> 01:21:13.320]  And they didn't provide an affidavit that was required by statute.
[01:21:13.320 --> 01:21:16.320]  So we sued the judge.
[01:21:16.320 --> 01:21:18.320]  Oh, he was not happy.
[01:21:18.320 --> 01:21:26.320]  And then he got the county attorney to write him an answer to the suit, so we sued the county attorney.
[01:21:26.320 --> 01:21:33.320]  There's appropriation of public funds as we sued the judge in his personal capacity because he didn't have subject
[01:21:33.320 --> 01:21:34.320]  manager jurisdiction.
[01:21:34.320 --> 01:21:37.320]  That's the only time you can sue the judge.
[01:21:37.320 --> 01:21:46.320]  So you might want to look at setting up this up so you can sue the judge in the federal court under the RICO.
[01:21:46.320 --> 01:21:48.320]  Okay, so I set that up in the lower court.
[01:21:48.320 --> 01:21:52.320]  You see, he doesn't have subject manager jurisdiction because he's violated due process.
[01:21:52.320 --> 01:21:54.320]  I mean, unbelievably.
[01:21:54.320 --> 01:21:56.320]  There was no discovery.
[01:21:56.320 --> 01:21:57.320]  Okay, wait, hold on.
[01:21:57.320 --> 01:22:01.320]  Due process doesn't deny him subject manager jurisdiction.
[01:22:01.320 --> 01:22:06.320]  Subject manager jurisdiction is statutory.
[01:22:06.320 --> 01:22:11.320]  It has nothing to do with what he's done.
[01:22:11.320 --> 01:22:13.320]  Okay.
[01:22:13.320 --> 01:22:15.320]  So where's the...
[01:22:15.320 --> 01:22:28.320]  What you need to be able to show is that the plaintiff lacked the legal capacity to invoke the subject manager jurisdiction of the court.
[01:22:28.320 --> 01:22:30.320]  There's a number of ways to do that.
[01:22:30.320 --> 01:22:38.320]  One of them is if the plaintiff failed to follow all of the rules.
[01:22:38.320 --> 01:22:43.320]  If he missed anything that was required, the judge won't have subject manager jurisdiction.
[01:22:43.320 --> 01:22:53.320]  You know, when I'm doing a foreclosure issue, I state that the filings in the public record,
[01:22:53.320 --> 01:23:01.320]  primarily I like to go after assignments, is an assignment was made to countrywide who doesn't exist.
[01:23:01.320 --> 01:23:13.320]  So if countrywide or someone acting as an agent for countrywide tries to take an action, then they have no legal capacity.
[01:23:13.320 --> 01:23:19.320]  Or if someone claims to be an agent for countrywide, but there is no evidence of power of attorney,
[01:23:19.320 --> 01:23:34.320]  then I bring the issue that this person lacked agency to represent a principal with standing and capacity to invoke subject manager jurisdiction of the court.
[01:23:34.320 --> 01:23:36.320]  This is generally how I go there.
[01:23:36.320 --> 01:23:41.320]  What was your claim to a lack of subject manager jurisdiction?
[01:23:41.320 --> 01:23:53.320]  Well, it was just that the judge ruled capriciously and he just decided that, you know, our answers to interrogatories were inadequate
[01:23:53.320 --> 01:24:03.320]  and the plaintiff did not show that, you know, the rule here in Colorado is they have to show that not only did you answer just honestly,
[01:24:03.320 --> 01:24:07.320]  but that it harmed him, but none of that was required.
[01:24:07.320 --> 01:24:17.320]  Basically, there's that the original case, he claimed that we had contracts with him that we breached and there were none that existed and we could never get discovery.
[01:24:17.320 --> 01:24:19.320]  The judge, they would just ignore.
[01:24:19.320 --> 01:24:22.320]  Okay, there we go.
[01:24:22.320 --> 01:24:30.320]  If he claimed there were contracts that didn't exist, that goes to legal capacity.
[01:24:30.320 --> 01:24:39.320]  He has no bona fide claim to bring before the court. That's where you can go for subject matter jurisdiction.
[01:24:39.320 --> 01:24:49.320]  Subject matter jurisdiction can be raised at any time, no matter how remote in history.
[01:24:49.320 --> 01:25:03.320]  Look what you're dealing with now, depend, flowed from what happened there. You can short circuit everything by going back to the beginning and stopping it at the beginning.
[01:25:03.320 --> 01:25:12.320]  Okay, so I can be doing that at the same time that I'm working on going to the district court because I think that's where it's going to have to go.
[01:25:12.320 --> 01:25:25.320]  Absolutely, you can do them both simultaneously, but I would certainly look for the threshold. Subject matter jurisdiction is a threshold issue.
[01:25:25.320 --> 01:25:30.320]  How do they step across the threshold? How do they get into the door?
[01:25:30.320 --> 01:25:40.320]  And if they came to the court with false claims and you conclude the claims are false, then the court has no jurisdiction.
[01:25:40.320 --> 01:25:52.320]  Well, you don't have a claim against the judge in this case because the judge presumed jurisdiction if it wasn't adequately challenged and he can move ahead as if there is.
[01:25:52.320 --> 01:26:01.320]  But when you prove that there's not, all his rulings become void, everything built on those rulings become void.
[01:26:01.320 --> 01:26:14.320]  Okay, so the plaintiff engaged in the violation of evidence and every time we tried to refile the motions to compel proof of wedding contract that were breached and they just ignored them.
[01:26:14.320 --> 01:26:17.320]  They just didn't, it was just a flip of the hand.
[01:26:17.320 --> 01:26:20.320]  There's only one time you can sue a judge.
[01:26:20.320 --> 01:26:22.320]  Okay.
[01:26:22.320 --> 01:26:27.320]  When he doesn't have subject matter jurisdiction.
[01:26:27.320 --> 01:26:31.320]  So you go back and challenge subject matter jurisdiction.
[01:26:31.320 --> 01:26:34.320]  Don't make a peep about the judge yet.
[01:26:34.320 --> 01:26:43.320]  But if you can get the subject matter jurisdiction ruling, then you immediately sue the judge.
[01:26:43.320 --> 01:26:44.320]  Okay.
[01:26:44.320 --> 01:26:53.320]  That'll get everybody excited and then they're going to want you to be made happy so you go away.
[01:26:53.320 --> 01:26:54.320]  Okay.
[01:26:54.320 --> 01:27:00.320]  So the subject manager jurisdiction with that, who's duty bound to prove that?
[01:27:00.320 --> 01:27:02.320]  Are we proving that subject matter jurisdiction?
[01:27:02.320 --> 01:27:05.320]  No, no, they have to prove it.
[01:27:05.320 --> 01:27:06.320]  Okay.
[01:27:06.320 --> 01:27:11.320]  You didn't come to yourself and threaten yourself with sanctions if you didn't do what the judge said.
[01:27:11.320 --> 01:27:13.320]  The judge did that.
[01:27:13.320 --> 01:27:14.320]  Correct.
[01:27:14.320 --> 01:27:23.320]  So before he becomes, starts pushing threats toward you, he needs to make sure he has authority to do that.
[01:27:23.320 --> 01:27:29.320]  So you go back and look at the original pleadings.
[01:27:29.320 --> 01:27:45.320]  If you can show that the original pleadings were in any way fraudulent or insufficient, then the original petitioner failed to properly invoke the subject matter jurisdiction of the court.
[01:27:45.320 --> 01:27:46.320]  Okay.
[01:27:46.320 --> 01:27:48.320]  That's the ruling you want.
[01:27:48.320 --> 01:27:50.320]  Okay.
[01:27:50.320 --> 01:28:03.320]  So there was one other where he named my husband and he named my husband to be liable for the debt, the alleged debt, because under family expenses.
[01:28:03.320 --> 01:28:19.320]  But when I read the rule on the family expenses, you cannot invoke family expense unless there is already a clear original, there's like a judgment against the husband or the wife, whoever, the other one was the one who incurred the debt.
[01:28:19.320 --> 01:28:28.320]  Well, he didn't have a judgment against me and I brought up that the statutory requirements were not met at the time that the case was filed.
[01:28:28.320 --> 01:28:31.320]  And I started bringing that up quite a bit.
[01:28:31.320 --> 01:28:40.320]  And so the judge allowed the plaintiff to file two summary judgments out of time.
[01:28:40.320 --> 01:28:46.320]  They were, you have to file 13 weeks before the trial, which we were denied the trial.
[01:28:46.320 --> 01:28:53.320]  And he filed them, the plaintiff filed one that was five weeks and one that was six weeks from trial.
[01:28:53.320 --> 01:28:57.320]  And I objected and the court allowed it to go forward.
[01:28:57.320 --> 01:29:10.320]  So what they did was they set it up so that the judge could rule on the two summary judgments which were against me so that they could have the debt and then they could award the thing on my husband so that they could garnish his wages.
[01:29:10.320 --> 01:29:13.320]  So he didn't meet statutory requirements from the very beginning.
[01:29:13.320 --> 01:29:19.320]  You need to put together a conspiracy claim.
[01:29:19.320 --> 01:29:24.320]  Accused the judge of conspiring with counsel to deny due process.
[01:29:24.320 --> 01:29:27.320]  I do have to move on, Francis.
[01:29:27.320 --> 01:29:31.320]  I've got three more callers in two segments.
[01:29:31.320 --> 01:29:32.320]  I apologize.
[01:29:32.320 --> 01:29:33.320]  Thank you.
[01:29:33.320 --> 01:29:34.320]  Thank you.
[01:29:34.320 --> 01:29:35.320]  Okay.
[01:29:35.320 --> 01:29:37.320]  Thank you, Miss Francis and stay in touch.
[01:29:37.320 --> 01:29:38.320]  You bet.
[01:29:38.320 --> 01:29:39.320]  Thank you.
[01:29:39.320 --> 01:29:40.320]  Okay.
[01:29:40.320 --> 01:29:43.320]  Thank you to Greg in Tennessee. Hello, Greg.
[01:29:43.320 --> 01:29:45.320]  Well, howdy.
[01:29:45.320 --> 01:29:46.320]  Howdy.
[01:29:46.320 --> 01:29:49.320]  What do you have for us today?
[01:29:49.320 --> 01:29:51.320]  Well, not much.
[01:29:51.320 --> 01:30:00.320]  I was going to mainly just tell you that I tried to buy your e-book.
[01:30:00.320 --> 01:30:05.320]  It seems like everywhere you turn nowadays, someone wants your name, social security number and date of birth.
[01:30:05.320 --> 01:30:08.320]  But you should think twice before giving away your personal data.
[01:30:08.320 --> 01:30:11.320]  I'm Dr. Katherine Albrecht and I'll say more in just a moment.
[01:30:39.320 --> 01:30:42.320]  Startpage.com, the world's most private search engine.
[01:30:42.320 --> 01:30:45.320]  Forms, forms, forms, they're everywhere.
[01:30:45.320 --> 01:30:49.320]  But just because a piece of paper asks for information doesn't mean you have to give it.
[01:30:49.320 --> 01:30:56.320]  I lay blank spaces on forms all the time or I write N slash A for not applicable and usually nobody notices or cares.
[01:30:56.320 --> 01:31:03.320]  I never give my social security number or date of birth unless it's absolutely mandatory for employment or a government requirement.
[01:31:03.320 --> 01:31:08.320]  And I won't give my phone number to a company or an organization unless I actually want them to call me.
[01:31:08.320 --> 01:31:09.320]  And that's pretty rare.
[01:31:09.320 --> 01:31:14.320]  To preserve our vanishing privacy, we need to practice saying no to random data requests.
[01:31:14.320 --> 01:31:18.320]  It's like exercising a muscle. It gets easier the more you do it.
[01:31:18.320 --> 01:31:23.320]  I'm Dr. Katherine Albrecht. More news and information at KatherineAlbrecht.com.
[01:31:23.320 --> 01:31:30.320]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:30.320 --> 01:31:32.320]  The government says that fire brought it down.
[01:31:32.320 --> 01:31:37.320]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:37.320 --> 01:31:40.320]  Over 6,000 of my fellow service members have given their lives.
[01:31:40.320 --> 01:31:43.320]  And thousands of my fellow first responders have died.
[01:31:43.320 --> 01:31:44.320]  I'm not a conspiracy theorist.
[01:31:44.320 --> 01:31:45.320]  I'm a structural engineer.
[01:31:45.320 --> 01:31:47.320]  I'm a New York City correctional.
[01:31:47.320 --> 01:31:48.320]  I'm a structural engineer.
[01:31:48.320 --> 01:31:49.320]  I'm a structural engineer.
[01:31:49.320 --> 01:31:50.320]  I'm a structural engineer.
[01:31:50.320 --> 01:31:51.320]  I'm a structural engineer.
[01:31:51.320 --> 01:31:52.320]  I'm a structural engineer.
[01:31:52.320 --> 01:31:53.320]  I'm a New York City correctional.
[01:31:53.320 --> 01:31:54.320]  I'm an Air Force pilot.
[01:31:54.320 --> 01:31:56.320]  I'm a father who lost his son.
[01:31:56.320 --> 01:31:58.320]  We're Americans, and we deserve the truth.
[01:31:58.320 --> 01:32:01.320]  Go to RememberBuilding7.org today.
[01:32:01.320 --> 01:32:04.320]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:04.320 --> 01:32:07.320]  Did your home receive hail or wind damage from the recent storms?
[01:32:07.320 --> 01:32:10.320]  Come on, we all know the government caused it with their chemtrails.
[01:32:10.320 --> 01:32:12.320]  But good luck getting them to pay for it.
[01:32:12.320 --> 01:32:14.320]  Okay, I might be kidding about the chemtrails.
[01:32:14.320 --> 01:32:15.320]  But I'm serious about your roof.
[01:32:15.320 --> 01:32:16.320]  That's why you have insurance.
[01:32:16.320 --> 01:32:21.320]  And Hill Country Home Improvements can handle the claim for you with little to no out-of-pocket expense.
[01:32:21.320 --> 01:32:27.320]  And we accept Bitcoin as a multi-year A-plus member of the Better Business Bureau with zero complaints.
[01:32:27.320 --> 01:32:32.320]  You can trust Hill Country Home Improvements to handle your claim and your roof right the first time.
[01:32:32.320 --> 01:32:39.320]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:39.320 --> 01:32:41.320]  Mention the crypto show and get $100 off.
[01:32:41.320 --> 01:32:46.320]  And we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:46.320 --> 01:32:50.320]  So if those out-of-town roofers come knocking, your door should be locked in.
[01:32:50.320 --> 01:32:57.320]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:57.320 --> 01:32:59.320]  Discounts are based on full roof replacement.
[01:32:59.320 --> 01:33:02.320]  I mean, I actually be kidding about chemtrails.
[01:33:02.320 --> 01:33:31.320]  You are listening to the Logos Radio Network. LogosRadionetwork.com.
[01:33:31.320 --> 01:33:37.320]  Okay, we are back. Randy Kelton with our radio and we're talking to Greg in Tennessee.
[01:33:37.320 --> 01:33:44.320]  Okay, as to the e-book, I think I got your email on that and I forwarded it to Deb.
[01:33:44.320 --> 01:33:48.320]  And if not, send me another one.
[01:33:48.320 --> 01:33:59.320]  If you don't hear in a day or so, send me another email and I'll forward it to Deb and she'll get whatever that issue is taken care of.
[01:33:59.320 --> 01:34:04.320]  Well, how's your fund raising it going?
[01:34:04.320 --> 01:34:07.320]  Horrible.
[01:34:07.320 --> 01:34:11.320]  But it's always a struggle.
[01:34:11.320 --> 01:34:18.320]  Well, I think maybe you're being hacked. I don't know.
[01:34:18.320 --> 01:34:36.320]  I was going to say a minute ago, I tried to order your e-book and actually your advertising says you take cryptocurrency and all that stuff, but I can't really find how to do that.
[01:34:36.320 --> 01:34:42.320]  I have cryptocurrency, but I can't see where you take it or whatever.
[01:34:42.320 --> 01:34:47.320]  Send me an email and that's a really good question.
[01:34:47.320 --> 01:34:56.320]  Raise that in the email and I will get it to Deb and we'll see if we can't get her on next Thursday to explain how to do all that.
[01:34:56.320 --> 01:34:59.320]  I wouldn't know how to do that either.
[01:34:59.320 --> 01:35:10.320]  I tried to buy your e-book and your advertisement says you get four chances to win whatever.
[01:35:10.320 --> 01:35:17.320]  I tried to do that first and it wouldn't accept my card.
[01:35:17.320 --> 01:35:28.320]  I actually went to your old style website and I tried to just donate $100 to the beer fund and it wouldn't take it there either.
[01:35:28.320 --> 01:35:30.320]  I was like, okay, we'll know.
[01:35:30.320 --> 01:35:32.320]  We got to fix that.
[01:35:32.320 --> 01:35:41.320]  It's one thing not to be able to buy my e-book, but when you can't donate to the beer fund, now that's critical.
[01:35:41.320 --> 01:35:47.320]  I mean, I'm saying it's no wonder your fundraiser is not.
[01:35:47.320 --> 01:35:48.320]  Okay.
[01:35:48.320 --> 01:35:50.320]  I will address that.
[01:35:50.320 --> 01:35:57.320]  Send me an email telling me about these issues and I will address that with Deborah.
[01:35:57.320 --> 01:36:06.320]  I don't know what the issue is, so I don't know how to address it, but then we'll get back in contact with you and get this straightened out.
[01:36:06.320 --> 01:36:10.320]  I'm sure if we're having an issue, we certainly want to know what it is.
[01:36:10.320 --> 01:36:12.320]  This is the first I've heard of that.
[01:36:12.320 --> 01:36:16.320]  Well, I don't think you're getting my emails.
[01:36:16.320 --> 01:36:24.320]  I'm sent four or five and I've used capital letters and I've done whatever you told me to do and I don't think you're getting any of them.
[01:36:24.320 --> 01:36:28.320]  What's the first three letters of your email?
[01:36:28.320 --> 01:36:30.320]  My email address?
[01:36:30.320 --> 01:36:32.320]  Yeah.
[01:36:32.320 --> 01:36:34.320]  GST?
[01:36:34.320 --> 01:36:41.320]  Okay, GFT.
[01:36:41.320 --> 01:36:43.320]  You may be right.
[01:36:43.320 --> 01:36:46.320]  I don't see any in here.
[01:36:46.320 --> 01:36:49.320]  You must not have gotten any of them.
[01:36:49.320 --> 01:36:50.320]  Wait a minute.
[01:36:50.320 --> 01:36:52.320]  That's familiar.
[01:36:52.320 --> 01:36:57.320]  GFT, is there any punctuation in between that?
[01:36:57.320 --> 01:37:00.320]  No, it's GSTAL.
[01:37:00.320 --> 01:37:02.320]  Okay, I don't try that.
[01:37:02.320 --> 01:37:08.320]  GSTAL.
[01:37:08.320 --> 01:37:10.320]  I don't see any.
[01:37:10.320 --> 01:37:12.320]  I'm doing this search.
[01:37:12.320 --> 01:37:16.320]  I'm not seeing anything.
[01:37:16.320 --> 01:37:18.320]  Here's what happened.
[01:37:18.320 --> 01:37:31.320]  Okay, send it to Randy at legalearth.net.
[01:37:31.320 --> 01:37:35.320]  I'm going to see if I get it there.
[01:37:35.320 --> 01:37:38.320]  There may be something that's interfering with it.
[01:37:38.320 --> 01:37:45.320]  I will check my junk mail to see if for some reason it's sending it to junk mail.
[01:37:45.320 --> 01:37:51.320]  It is possible that I inadvertently marked it as junk mail.
[01:37:51.320 --> 01:38:00.320]  Sometimes if some of these phising sites, I get emails with people's names on them constantly,
[01:38:00.320 --> 01:38:04.320]  and I open it up and there's just a single link.
[01:38:04.320 --> 01:38:09.320]  And that's a phising site that goes into people's emails and into their address book
[01:38:09.320 --> 01:38:12.320]  and sends these to everybody in their address book.
[01:38:12.320 --> 01:38:15.320]  I get emails from people I know when they do that.
[01:38:15.320 --> 01:38:20.320]  But sometimes when I get a bunch of stuff from an address I don't know,
[01:38:20.320 --> 01:38:21.320]  I block it.
[01:38:21.320 --> 01:38:23.320]  It's very seldom, but on occasion I do.
[01:38:23.320 --> 01:38:26.320]  I might have accidentally blocked the wrong one.
[01:38:26.320 --> 01:38:31.320]  So I'll check my junk mail and my blocked.
[01:38:31.320 --> 01:38:35.320]  But send one to Randy at thelawsociety.net.
[01:38:35.320 --> 01:38:45.320]  Or not thelawsociety.net or legalers.net or trafficticket.website.
[01:38:45.320 --> 01:38:50.320]  Anyone of those would get to me.
[01:38:50.320 --> 01:38:51.320]  Okay.
[01:38:51.320 --> 01:38:56.320]  Well, I just, I don't know.
[01:38:56.320 --> 01:39:01.320]  Over the, I guess, months by now.
[01:39:01.320 --> 01:39:06.320]  It's, I've probably sent five emails maybe.
[01:39:06.320 --> 01:39:09.320]  I seem to remember getting some emails from you.
[01:39:09.320 --> 01:39:11.320]  I don't know why I'm not seeing them.
[01:39:11.320 --> 01:39:18.320]  But send me another one tonight to Ruva Radio and I'll look for it.
[01:39:18.320 --> 01:39:22.320]  And send one to legalers.net.
[01:39:22.320 --> 01:39:25.320]  If there's anything in this site that's blocking you,
[01:39:25.320 --> 01:39:30.320]  it won't be blocking you on the other email.
[01:39:30.320 --> 01:39:31.320]  Okay.
[01:39:31.320 --> 01:39:34.320]  Well, it won't be denied, but tomorrow I can.
[01:39:34.320 --> 01:39:35.320]  Okay.
[01:39:35.320 --> 01:39:37.320]  Do you have a question or comment?
[01:39:37.320 --> 01:39:39.320]  How's your ticket issues going?
[01:39:39.320 --> 01:39:40.320]  Well.
[01:39:40.320 --> 01:39:42.320]  Oh, are your tissues.
[01:39:42.320 --> 01:39:45.320]  Excuse my grammar.
[01:39:45.320 --> 01:39:48.320]  I don't know.
[01:39:48.320 --> 01:39:53.320]  I think the judge is probably going to dismiss it.
[01:39:53.320 --> 01:39:57.320]  Just not to have to fool with me, but I'm not sure.
[01:39:57.320 --> 01:39:58.320]  Okay.
[01:39:58.320 --> 01:39:59.320]  Okay.
[01:39:59.320 --> 01:40:01.320]  Have you filed an action against them?
[01:40:01.320 --> 01:40:03.320]  Oh, I'm sorry.
[01:40:03.320 --> 01:40:09.320]  You're saying he's likely to dismiss your case against you so that you don't have to mess with you.
[01:40:09.320 --> 01:40:10.320]  Right.
[01:40:10.320 --> 01:40:14.320]  I thought I think it's going to happen, but I don't know for sure.
[01:40:14.320 --> 01:40:16.320]  That's a good thing.
[01:40:16.320 --> 01:40:23.320]  Well, it is, but I'm still going to, I'm still going to file criminal charges against the officers.
[01:40:23.320 --> 01:40:25.320]  Wonderful.
[01:40:25.320 --> 01:40:36.320]  Have you looked up the licensing commission who issues licenses to peace officers in Tennessee and files with them?
[01:40:36.320 --> 01:40:44.320]  I've spent a substantial amount of time trying to figure out who that is and haven't been successful so far.
[01:40:44.320 --> 01:40:50.320]  Do you know any peace officers?
[01:40:50.320 --> 01:40:53.320]  Not really, not personally.
[01:40:53.320 --> 01:41:00.320]  Well, just stop a peace officer and say, hey, man, you know, I kind of think I want to be a cop.
[01:41:00.320 --> 01:41:02.320]  Who is that?
[01:41:02.320 --> 01:41:08.320]  What is the agency that issues licenses for peace officers?
[01:41:08.320 --> 01:41:12.320]  And they'll tell you.
[01:41:12.320 --> 01:41:15.320]  That's a good idea.
[01:41:15.320 --> 01:41:17.320]  I might try that.
[01:41:17.320 --> 01:41:34.320]  I used to know, you know, it seems to me like people who are good people and they really, like, have good morals and all that.
[01:41:34.320 --> 01:41:40.320]  If they were the deputy sheriff for a while, they don't want to be that no more.
[01:41:40.320 --> 01:41:44.320]  It's like trying, they're getting rid of all the good people.
[01:41:44.320 --> 01:41:50.320]  It's almost, you have to be, you have to be dirty to stay on that job now.
[01:41:50.320 --> 01:41:54.320]  And that's something that it's our job to fix.
[01:41:54.320 --> 01:41:56.320]  I know a lot of policemen.
[01:41:56.320 --> 01:42:05.320]  I don't know a single one who got into that line of work so that he could be a jackbooty thug.
[01:42:05.320 --> 01:42:08.320]  They don't want to be the good guys.
[01:42:08.320 --> 01:42:13.320]  And they get in this business, they find it's not the way they were led to believe that it was.
[01:42:13.320 --> 01:42:17.320]  And for the most part, the ones who were in it as a career hate it.
[01:42:17.320 --> 01:42:18.320]  I know.
[01:42:18.320 --> 01:42:23.320]  And they try to, they get somehow rooted out of it.
[01:42:23.320 --> 01:42:28.320]  And the only ones that really do any good in there is the corrupt ones.
[01:42:28.320 --> 01:42:30.320]  Yeah, so we need to fix that.
[01:42:30.320 --> 01:42:40.320]  And the tool that I'm developing will render aid to people who intend to fix it.
[01:42:40.320 --> 01:42:44.320]  And I'm just trying to get it launched once we get it launched.
[01:42:44.320 --> 01:42:47.320]  We'll weed out the bad cops because they won't have a chance.
[01:42:47.320 --> 01:42:50.320]  Okay, I have only got one segment left.
[01:42:50.320 --> 01:42:55.320]  I've got a caller who's got some, some stuff I really need to address.
[01:42:55.320 --> 01:42:57.320]  Do you have any other questions?
[01:42:57.320 --> 01:42:59.320]  Yes, one question, actually.
[01:42:59.320 --> 01:43:01.320]  Okay.
[01:43:01.320 --> 01:43:07.320]  You know, well, we talked, I'm sure you don't remember, but and I broke one of your rules.
[01:43:07.320 --> 01:43:09.320]  I made it in my.
[01:43:09.320 --> 01:43:12.320]  Okay, wait a 50 seconds before break quickly.
[01:43:12.320 --> 01:43:14.320]  My motion for dismissal.
[01:43:14.320 --> 01:43:23.320]  I stated to claim a claim or two, several claims that were substantiated by laws.
[01:43:23.320 --> 01:43:26.320]  And so here's my question.
[01:43:26.320 --> 01:43:27.320]  Wait a minute.
[01:43:27.320 --> 01:43:30.320]  You made a proactive statement of law out of your own mouth.
[01:43:30.320 --> 01:43:31.320]  Yes.
[01:43:31.320 --> 01:43:34.320]  Shame on you.
[01:43:34.320 --> 01:43:36.320]  Hang on.
[01:43:36.320 --> 01:43:39.320]  We'll pick this up on the other side and Shane, I see you there.
[01:43:39.320 --> 01:43:41.320]  I do want to get to you.
[01:43:41.320 --> 01:43:43.320]  This is Randy Kelton.
[01:43:43.320 --> 01:43:44.320]  We'll go radio.
[01:43:44.320 --> 01:44:07.320]  We'll be right back.
[01:44:14.320 --> 01:44:39.320]  We'll be right back.
[01:44:39.320 --> 01:45:05.320]  We'll be right back.
[01:45:05.320 --> 01:45:31.320]  We'll be right back.
[01:45:31.320 --> 01:46:00.320]  We'll be right back.
[01:46:01.320 --> 01:46:30.320]  We'll be right back.
[01:46:31.320 --> 01:46:56.320]  We'll be right back.
[01:47:01.320 --> 01:47:13.320]  There we go.
[01:47:13.320 --> 01:47:16.320]  I was having a problem.
[01:47:16.320 --> 01:47:19.320]  Can you hear me Shane?
[01:47:19.320 --> 01:47:20.320]  Yes, I can.
[01:47:20.320 --> 01:47:21.320]  Can you hear me?
[01:47:21.320 --> 01:47:22.320]  Hold on.
[01:47:22.320 --> 01:47:24.320]  I can barely hear.
[01:47:24.320 --> 01:47:26.320]  I'm not sure what's happening.
[01:47:26.320 --> 01:47:27.320]  I'm having a little.
[01:47:27.320 --> 01:47:32.320]  I've been having issues with my headset all evening.
[01:47:32.320 --> 01:47:33.320]  Give me a second.
[01:47:33.320 --> 01:47:34.320]  Let me replay.
[01:47:34.320 --> 01:47:35.320]  Okay.
[01:47:35.320 --> 01:47:38.320]  Shane, speak.
[01:47:38.320 --> 01:47:39.320]  Okay.
[01:47:39.320 --> 01:47:44.320]  I am still not.
[01:47:44.320 --> 01:47:51.320]  We seem to have an issue in it.
[01:47:51.320 --> 01:47:54.320]  Apparently it's not my system.
[01:47:54.320 --> 01:47:55.320]  Okay.
[01:47:55.320 --> 01:47:57.320]  Shane dropped off.
[01:47:57.320 --> 01:47:59.320]  Greg, are you there?
[01:47:59.320 --> 01:48:00.320]  Yeah.
[01:48:00.320 --> 01:48:01.320]  Okay.
[01:48:01.320 --> 01:48:03.320]  It must have been Greg.
[01:48:03.320 --> 01:48:04.320]  I had a little issue.
[01:48:04.320 --> 01:48:07.320]  I think I got line fixed and Shane dropped off.
[01:48:07.320 --> 01:48:12.320]  I wanted to get Shane in because he had something really interesting
[01:48:12.320 --> 01:48:13.320]  occur.
[01:48:13.320 --> 01:48:14.320]  Okay.
[01:48:14.320 --> 01:48:16.320]  Sorry to cut you off, Greg.
[01:48:16.320 --> 01:48:19.320]  I cut you off and you couldn't even hear that I cut you off.
[01:48:19.320 --> 01:48:21.320]  So I guess you didn't get caught.
[01:48:21.320 --> 01:48:26.320]  Okay.
[01:48:26.320 --> 01:48:29.320]  Where were we when we came back from break?
[01:48:29.320 --> 01:48:30.320]  I couldn't hear you.
[01:48:30.320 --> 01:48:33.320]  So I assumed I'd lost you.
[01:48:33.320 --> 01:48:40.320]  I was just saying that I had done what you, you know, I'm, I'm made an
[01:48:40.320 --> 01:48:43.320]  assertion of law and whatever and without.
[01:48:43.320 --> 01:48:44.320]  Oh, that's right.
[01:48:44.320 --> 01:48:49.320]  You made a proactive statement of law out of your own mouth.
[01:48:49.320 --> 01:48:56.320]  I need you to take your phone and beat yourself around the eyes and ears.
[01:48:56.320 --> 01:48:57.320]  Okay.
[01:48:57.320 --> 01:48:59.320]  What happened as a result of that?
[01:48:59.320 --> 01:49:04.320]  No, my question was nothing really yet because my date, my court date comes up
[01:49:04.320 --> 01:49:05.320]  on the 26th.
[01:49:05.320 --> 01:49:08.320]  So, but here's my question.
[01:49:08.320 --> 01:49:15.320]  If, if they don't respond to any of my pleading or my whatever that is collateral
[01:49:15.320 --> 01:49:18.320]  a stop will still apply to that.
[01:49:18.320 --> 01:49:19.320]  Okay.
[01:49:19.320 --> 01:49:23.320]  I've got it in Texas law.
[01:49:23.320 --> 01:49:30.320]  The Texas law says that if I've got some case law on the subject, but Texas
[01:49:30.320 --> 01:49:39.320]  statutory law says if they don't, that they, they must respond within 30 days or
[01:49:39.320 --> 01:49:51.320]  they have given formal judicial admission, but I don't know where that's at in
[01:49:51.320 --> 01:49:52.320]  Tennessee law.
[01:49:52.320 --> 01:50:00.320]  You'll have to look in the rules of court and look for, look up failure to
[01:50:00.320 --> 01:50:02.320]  respond to motion.
[01:50:02.320 --> 01:50:08.320]  Just do a Google search on it.
[01:50:08.320 --> 01:50:10.320]  Google works really great.
[01:50:10.320 --> 01:50:16.320]  I find it more effective than the Lexus nexus or any of the search engines
[01:50:16.320 --> 01:50:22.320]  because you have a lot of lawyers trying to get business and lawyers, 50% of lawyers
[01:50:22.320 --> 01:50:25.320]  business on average is referral.
[01:50:25.320 --> 01:50:31.320]  You got a lawyer who has a case here and something comes up in the case or he has a
[01:50:31.320 --> 01:50:35.320]  good client that has an issue come up that this lawyer doesn't address.
[01:50:35.320 --> 01:50:40.320]  He looks for other lawyers who are good at what he needs so he can refer them to the
[01:50:40.320 --> 01:50:45.320]  client or bring them into the case.
[01:50:45.320 --> 01:50:50.320]  These lawyers put up what they're best at on their websites and they write treatises
[01:50:50.320 --> 01:50:55.320]  and post them on the internet so other lawyers can find them.
[01:50:55.320 --> 01:50:57.320]  We can find them as well.
[01:50:57.320 --> 01:51:05.320]  You try to formulate a request that will go to what you're looking for.
[01:51:05.320 --> 01:51:13.320]  You'll find these legal treatises by lawyers and they explain the whole issue.
[01:51:13.320 --> 01:51:20.320]  Whatever the issues are you're addressing, just run them on the internet, run some
[01:51:20.320 --> 01:51:21.320]  searches.
[01:51:21.320 --> 01:51:30.320]  It generally takes a little bit for you to get ahead for how to construct your query,
[01:51:30.320 --> 01:51:33.320]  your search.
[01:51:33.320 --> 01:51:39.320]  Once you've done a few of these searches, some of your language will get you good hits,
[01:51:39.320 --> 01:51:40.320]  some won't.
[01:51:40.320 --> 01:51:47.320]  It takes a little while for you to get a feel for it but then you'll find lawyers who do
[01:51:47.320 --> 01:51:49.320]  treatises on the subject.
[01:51:49.320 --> 01:51:55.320]  The treatise gives you an explanation of everything, all the case law involved and a lot of times
[01:51:55.320 --> 01:52:00.320]  you will find briefs and pleadings already written.
[01:52:00.320 --> 01:52:07.320]  You can plagiarise and we highly encourage plagiarism.
[01:52:07.320 --> 01:52:08.320]  What is that?
[01:52:08.320 --> 01:52:09.320]  Treatise.
[01:52:09.320 --> 01:52:10.320]  What does it say?
[01:52:10.320 --> 01:52:15.320]  A treatise is just, okay, you've got a DUI.
[01:52:15.320 --> 01:52:19.320]  Okay, guys, this is how you handle DUI.
[01:52:19.320 --> 01:52:20.320]  This is what you look for.
[01:52:20.320 --> 01:52:22.320]  This is the controlling case law.
[01:52:22.320 --> 01:52:25.320]  These are the kinds of arguments that are brought up.
[01:52:25.320 --> 01:52:28.320]  They just explain the whole situation to you.
[01:52:28.320 --> 01:52:35.320]  It's better than a brief or a pleading because a brief or a pleading will go to a singular
[01:52:35.320 --> 01:52:39.320]  case and you have to extrapolate from that case to your issue.
[01:52:39.320 --> 01:52:49.320]  A treatise that will go to the subject matter in general and it will give you, it'll go
[01:52:49.320 --> 01:52:55.320]  through pretty much all of the things this particular lawyer who specialises in this
[01:52:55.320 --> 01:53:01.320]  area has come across and he'll give you case law to that effect.
[01:53:01.320 --> 01:53:09.320]  When you can find a case on your issue, a case on point, that case is going to give you
[01:53:09.320 --> 01:53:13.320]  other cases on point and other cases near point.
[01:53:13.320 --> 01:53:19.320]  So if you're looking for a case and you can't find one exactly on point, then you look at
[01:53:19.320 --> 01:53:26.320]  the cases that are close because every case that addresses a single point issue will tell
[01:53:26.320 --> 01:53:32.320]  you how they ruled on associated points on the points near it.
[01:53:32.320 --> 01:53:39.320]  So with the legal treatise, the treatise will give you a general overview of the subject
[01:53:39.320 --> 01:53:45.320]  and then I'll give you case law and when the point in the treatise that's closest to
[01:53:45.320 --> 01:53:51.320]  your issue, then you go look in that case law and look at the surrounding points, you're
[01:53:51.320 --> 01:53:55.320]  likely to find something dead on your issue.
[01:53:55.320 --> 01:54:03.320]  This is how I find cases on point and I'm building a tool to remedy that issue because
[01:54:03.320 --> 01:54:10.320]  I talk to lawyers and they'll go through as many as 50 to 100 cases to find the first
[01:54:10.320 --> 01:54:12.320]  one on point.
[01:54:12.320 --> 01:54:18.320]  Now that sounds like a massive amount of reading but it's not quite as bad as it sounds because
[01:54:18.320 --> 01:54:26.320]  in each case you pull up, you know, Ken Magnussen says, read the case law.
[01:54:26.320 --> 01:54:31.320]  Okay, what he's not saying is when you read the case law, you don't have to read the whole
[01:54:31.320 --> 01:54:32.320]  case.
[01:54:32.320 --> 01:54:39.320]  Screws VUS is over 100 pages but there's only one issue in Screws VUS I care about and
[01:54:39.320 --> 01:54:45.320]  when you look up the cases on one of the research engines, they list the issues.
[01:54:45.320 --> 01:54:52.320]  So I look at the case, I find the issue I'm interested in, click on that and then I go
[01:54:52.320 --> 01:54:58.320]  read two or three pages that go to my issue, the rest of it I don't care about.
[01:54:58.320 --> 01:55:00.320]  So it's not as bad as it sounds.
[01:55:00.320 --> 01:55:06.320]  So if you can find a case close to point and the treatises will give you cases close to
[01:55:06.320 --> 01:55:08.320]  almost every point.
[01:55:08.320 --> 01:55:13.320]  But it's good to read the treatise because it gives you a good overview, a good basic
[01:55:13.320 --> 01:55:20.320]  understanding of the area that you're dealing with and then you can go to the more specific
[01:55:20.320 --> 01:55:21.320]  areas.
[01:55:21.320 --> 01:55:23.320]  Is that making sense, Greg?
[01:55:23.320 --> 01:55:25.320]  Yeah, somewhat.
[01:55:25.320 --> 01:55:29.320]  I just, I don't get that part yet.
[01:55:29.320 --> 01:55:34.320]  I'm having so much trouble with looking up stuff and finding case laws and transferring
[01:55:34.320 --> 01:55:37.320]  like Texas cases to Tennessee.
[01:55:37.320 --> 01:55:39.320]  I just ain't had no luck at all.
[01:55:39.320 --> 01:55:44.320]  Okay, it is, it's something different.
[01:55:44.320 --> 01:55:47.320]  Have you ever ridden a unicycle?
[01:55:47.320 --> 01:55:49.320]  I have not.
[01:55:49.320 --> 01:55:59.320]  If you try to ride a unicycle, it will be a beast because all the little tiny basics,
[01:55:59.320 --> 01:56:01.320]  you got to figure them all out.
[01:56:01.320 --> 01:56:07.320]  But as you work with it, these pieces will start falling into place and you'll struggle
[01:56:07.320 --> 01:56:11.320]  and struggle and struggle and all of a sudden it'll start coming together.
[01:56:11.320 --> 01:56:14.320]  Wow, that's interesting.
[01:56:14.320 --> 01:56:21.320]  Tim has been calling for a long time and he started out with really basic issues, this
[01:56:21.320 --> 01:56:26.320]  exact same questions you were raising.
[01:56:26.320 --> 01:56:33.320]  But he stayed with it and now Tim is becoming a force.
[01:56:33.320 --> 01:56:37.320]  Now he's asking me really good questions.
[01:56:37.320 --> 01:56:43.320]  It's just like anything new, law is not like anything most people have ever done.
[01:56:43.320 --> 01:56:49.320]  So it takes a while to get a feel for how these pieces fit together.
[01:56:49.320 --> 01:56:56.320]  But once you do, then all of a sudden the pieces just start dropping into place.
[01:56:56.320 --> 01:56:59.320]  So be patient, keep struggling with it.
[01:56:59.320 --> 01:57:03.320]  The best thing you can do is make mistakes.
[01:57:03.320 --> 01:57:07.320]  The best thing you can do is do a search that leads to a dead end.
[01:57:07.320 --> 01:57:10.320]  And you go back and look at it and redo that search.
[01:57:10.320 --> 01:57:14.320]  And after four or five times, bang, you hit one that works.
[01:57:14.320 --> 01:57:17.320]  And then you look at how you constructed that.
[01:57:17.320 --> 01:57:23.320]  And two or three times of this and all of a sudden the mechanics of how this works start
[01:57:23.320 --> 01:57:27.320]  to make sense to you, it all starts fitting together.
[01:57:27.320 --> 01:57:34.320]  And I assure you Greg, it is absolutely worth the effort.
[01:57:34.320 --> 01:57:36.320]  I no longer fear my government.
[01:57:36.320 --> 01:57:39.320]  I don't fear my public officials.
[01:57:39.320 --> 01:57:46.320]  When those lights come on behind me, I don't get this empty feeling in the pit of my stomach.
[01:57:46.320 --> 01:57:54.320]  When a police officer gets a little gruff or pushy with me, I am not impressed.
[01:57:54.320 --> 01:58:02.320]  The last one that wrote me a ticket would get a little excited because I wasn't getting frightened enough for it.
[01:58:02.320 --> 01:58:04.320]  And I picked up my cell phone.
[01:58:04.320 --> 01:58:06.320]  I need you to put down that cell phone.
[01:58:06.320 --> 01:58:08.320]  No sir, you do not.
[01:58:08.320 --> 01:58:14.320]  You are getting agitated and you are making me uncomfortable because you are prominently displaying a deadly weapon
[01:58:14.320 --> 01:58:16.320]  and I am not comfortable with you.
[01:58:16.320 --> 01:58:22.320]  If this doesn't stop, I'm going to have to call 911 and get someone out here to get you under control.
[01:58:22.320 --> 01:58:25.320]  And that fixed it real fast.
[01:58:25.320 --> 01:58:29.320]  His attitude got adjusted real quick.
[01:58:29.320 --> 01:58:33.320]  Once you've done this a while, it gets a lot easier.
[01:58:33.320 --> 01:58:36.320]  But you're in that initial learning curve.
[01:58:36.320 --> 01:58:38.320]  Be patient.
[01:58:38.320 --> 01:58:41.320]  It'll come and when it does, it's worth it.
[01:58:41.320 --> 01:58:42.320]  We are out of time.
[01:58:42.320 --> 01:58:45.320]  Randy Coutt will be back next week.
[01:58:45.320 --> 01:58:50.320]  Thank you and good night.
[01:58:50.320 --> 01:58:57.320]  Bibles for America is offering absolutely free, a unique study Bible called the New Testament Recovery Version.
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