ROL_2018-09-21_16k_Hr3-4.timecode

[00:00.000 --> 00:29.560]  Markets for the 11th of April 2018 close with gold $1,353.22 an ounce.
[00:29.560 --> 00:34.960]  This over $16.68 an ounce. Texas crude $65.51 a barrel.
[00:34.960 --> 00:41.080]  Bitcoins at $6,902.19. Ethereum at $420.80.
[00:41.080 --> 00:55.520]  Bitcoin cash is at $652.90 and finally light coins at $114.34 a crypto coin.
[00:55.520 --> 01:02.760]  Today in History the year 1968 President Lyndon M. Johnson signed the Civil Rights Act of 1968
[01:02.760 --> 01:07.560]  which prohibited private businesses from discriminating based on race, color, religion, sex or national
[01:07.560 --> 01:12.680]  origin. It also prohibited unequal application of voter registration requirements, racial
[01:12.680 --> 01:18.360]  segregation in public schools and employment and public accommodations for places of business.
[01:18.360 --> 01:26.360]  Today in History. In recent news tensions in Syria seem to reach
[01:26.360 --> 01:30.920]  new levels after a chemical attack on civilians in the city of Douma which left 40 dead and
[01:30.920 --> 01:34.600]  many injured. An attack which is being blamed on the democratically elected president of
[01:34.600 --> 01:40.120]  Syria Bashar al-Assad by the United States and on Israel by Russia. Either accusatory
[01:40.120 --> 01:44.760]  narrative without any verified evidence as of yet. President Trump tweeted today Wednesday
[01:44.760 --> 01:49.560]  that if, quote, Russia vows to shoot down any and all missiles fired at Syria, get ready
[01:49.560 --> 01:53.760]  Russia because they will be coming in nice and new and smart. Going on to warn Russia
[01:53.760 --> 01:58.720]  that you shouldn't be partners with a gas-killing animal who kills its people and enjoys it.
[01:58.720 --> 02:02.760]  Many in the West including President Trump have been quick to conclude that this chemical
[02:02.760 --> 02:07.640]  attack must have been conducted by Assad and his forces. Syria and Russia on the other
[02:07.640 --> 02:12.520]  hand have given approval since yesterday for the organization for the prohibition of chemical
[02:12.520 --> 02:17.280]  weapons to investigate the sign of the chemical slaughter. Assad has been successful in maintaining
[02:17.280 --> 02:21.680]  rule and support during Syria's seven-year civil war. A civil war that is being fought
[02:21.680 --> 02:26.160]  by the government of Syria and anti-Assad Syrian rebels that are openly being funded
[02:26.160 --> 02:30.480]  by Western governments. With ISIS being one of the more notorious splinter groups of the
[02:30.480 --> 02:34.680]  American-backed Syrian rebels. No surprise then why Russian Foreign Minister
[02:34.680 --> 02:40.440]  spokeswoman Maria Zakhova posted on Facebook that smart missiles should be fired at terrorists
[02:40.440 --> 02:45.160]  and not at a legitimate government which has been fighting terrorists or is this a trick
[02:45.160 --> 02:49.160]  to destroy all traces with a smart missile strike and then there will be no evidence
[02:49.160 --> 02:55.000]  for international inspectors to look at. This is Brick Roadie with your lowdown for
[02:55.000 --> 03:23.520]  April 11th, 2018.
[03:23.520 --> 03:31.120]  Okay we are back. Randy Kelsen for Rule of Law Radio and we're talking to Mark in Massachusetts
[03:31.120 --> 03:38.600]  and we're talking about how to craft legal documents. There's one skill if you're going
[03:38.600 --> 03:43.720]  to be a pro se and you're going to craft legal documents. There's one skill that you need
[03:43.720 --> 03:53.720]  to hone. I have honed this skill beyond all others. I am an accomplished plagiarist. If
[03:53.720 --> 04:02.640]  you're writing your own pleadings, you're not doing enough research. I just have Tim's
[04:02.640 --> 04:09.640]  on the line, we'll get to him shortly. I helped him produce some documents and in the appeals
[04:09.640 --> 04:21.280]  court the lawyer complained that Mr. Pixler was just cutting and pasting in these documents
[04:21.280 --> 04:29.560]  from previous documents. Well yeah, we whore as a matter of fact because whenever you get
[04:29.560 --> 04:38.600]  into a case, if you're paying attention, you're always working toward an appeal. You will
[04:38.600 --> 04:48.080]  never win your case in the trial court or better I should say, you should never expect
[04:48.080 --> 04:55.160]  to win your case in the trial court. You should expect the judge to rule against you out of
[04:55.160 --> 05:04.240]  hand at every turn. Maybe he won't but it behooves you to act as if he will and craft
[05:04.240 --> 05:12.440]  everything you do toward an appeal. So when I write an original pleading, I'm thinking
[05:12.440 --> 05:17.960]  how do I need to construct this so that I can take this part of the pleading and cut
[05:17.960 --> 05:25.400]  it out and drop it into a motion for a new trial. After a judge rules against you, then
[05:25.400 --> 05:31.840]  you request a motion for a new trial and in a motion for a new trial, you demonstrate
[05:31.840 --> 05:40.840]  to the judge the errors that he made. So essentially that's what an appeal is. In a
[05:40.840 --> 05:49.480]  pellet brief, list the errors that you believe the judge made and you develop a legal argument
[05:49.480 --> 05:57.400]  to show what the facts are that are before the court and how the judge should and what
[05:57.400 --> 06:05.040]  law, I'm sorry, the facts and what law the judge should have applied to those facts and
[06:05.040 --> 06:12.800]  how that application of law would lead to the ruling that you want. So that's what
[06:12.800 --> 06:17.360]  you're always working toward. Well, when you get a ruling against you, you can file a
[06:17.360 --> 06:24.000]  motion for reconsideration or a motion for new trials are both the same thing. And in
[06:24.000 --> 06:31.720]  Texas at least, if you're in a district court, a district or county court, and if you don't
[06:31.720 --> 06:36.480]  file a motion for new trial or request findings, facts and conclusions at law, you do not
[06:36.480 --> 06:41.600]  protect your appeal. So it's necessary. So you should always consider you're going to
[06:41.600 --> 06:47.280]  do that. So you make your first pleading and you craft it in a way so that when you file
[06:47.280 --> 06:55.440]  a motion for reconsideration, then you just cut the arguments out of the motion, put them
[06:55.440 --> 07:03.840]  in the motion for reconsideration and then add legal argument to it and say, here you
[07:03.840 --> 07:10.040]  rule this way, but based on these facts and this law, you should have ruled this way and
[07:10.040 --> 07:17.520]  asked the court to do that. And most of the time, probably 99% of the time, the judge
[07:17.520 --> 07:24.320]  is going to deny your motion for a new trial. Now, sometimes if the judge has generally
[07:24.320 --> 07:31.520]  made a mistake, then they'll grant you a new trial to try to correct the error. But especially
[07:31.520 --> 07:38.200]  in the lower courts, the justice and the municipal courts, they don't care. So they're going
[07:38.200 --> 07:43.440]  to ignore that. And they're going to rule against you. And then you can take the motion
[07:43.440 --> 07:50.200]  for reconsideration and just reframe it, add a little more case law to it and you have
[07:50.200 --> 07:57.760]  your appeal. Everything's cut and pasted. And anything that's filed in the public, in
[07:57.760 --> 08:04.680]  the courts, it's public record. So you can plagiarize all you want to in pleading. And
[08:04.680 --> 08:12.600]  like we said earlier, the judge wants to see what he always sees. He's busy. He don't want
[08:12.600 --> 08:20.960]  to see singular sovereign man on the land, blah, blah, blah, all this patriot mythology
[08:20.960 --> 08:28.560]  crapola. When he picks up a motion, it should look just like a lawyer wrote that motion.
[08:28.560 --> 08:33.000]  The only way he should be able to tell that wasn't written by a lawyer is that it doesn't
[08:33.000 --> 08:38.520]  have a lawyer's signature at the bottom of it. And yeah, I know all the philosophical
[08:38.520 --> 08:46.360]  arguments and all your rights and all that blah, blah, blah. But at the end of the day,
[08:46.360 --> 08:55.360]  you're dealing with a judge and he is a human being. A human being. And I don't know if
[08:55.360 --> 09:05.840]  God created man. I don't personally know that. But if he did, he created us flawed. However,
[09:05.840 --> 09:13.960]  he created us universally flawed. We're all flawed the same way. And he gave us the power
[09:13.960 --> 09:22.360]  of divination. Think. Pay attention. You're dealing with a judge here at the end of the
[09:22.360 --> 09:26.360]  day. In a perfect world, you wouldn't have to deal with the humanity of the judge. But
[09:26.360 --> 09:31.760]  if this were a perfect world, well, there's a good chance that you and I wouldn't be in
[09:31.760 --> 09:39.240]  it. I know I wouldn't be in it. And I suspect you wouldn't either. So we deal with the imperfections
[09:39.240 --> 09:44.720]  and understand that the judge is a busy person. He's got a lot of work to do. He's reading
[09:44.720 --> 09:52.760]  stacks of motions every day. You give him a motion with 20 cases in it. He's never seen
[09:52.760 --> 09:59.400]  me denied. He is not going to read those 20 motions. Don't have time. That may not be
[09:59.400 --> 10:06.040]  right. But that's how things work in the world that you and I live in. And we need to deal
[10:06.040 --> 10:11.920]  with that. It is simple and makes our life easier. Best way to write pleadings is do
[10:11.920 --> 10:19.320]  a search for Massachusetts challenge subject matter jurisdiction traffic. You might actually
[10:19.320 --> 10:24.480]  find one that a lawyer's filed on traffic. But if it can't find traffic, it will find
[10:24.480 --> 10:35.200]  you a challenge to subject matter jurisdiction. Copy that case, the exact format of that case,
[10:35.200 --> 10:41.400]  and go in and change the information so that it goes to your case instead of their case.
[10:41.400 --> 10:45.600]  90% of your work is already done. Does that make sense, Mark?
[10:45.600 --> 10:50.920]  Yep. Well, it's great. I have been in court before, so I've done stuff like this.
[10:50.920 --> 10:57.200]  Oh, good. Good. Okay. So you're a step up. Then the first thing is the subject matter
[10:57.200 --> 11:03.600]  jurisdiction challenge. Actually, you just want to file a bunch of stuff that you know
[11:03.600 --> 11:09.800]  the judge is just going to blow it off. And if it's an old traffic case, they're just
[11:09.800 --> 11:14.600]  going to blow it off. They're not even going to look at your pleadings. And I have case
[11:14.600 --> 11:23.440]  law in Texas. You might look for this in Massachusetts. I'm sure they have it. We have Jocelyn v.
[11:23.440 --> 11:32.440]  Chambers. And what it says is a judge has no discretion in properly applying the law to
[11:32.440 --> 11:40.120]  the facts. Failure to do so is abuse of discretion. And the way I read an abuse of discretion,
[11:40.120 --> 11:46.240]  I read it under the official misconduct or official oppression statute. Texas has two
[11:46.240 --> 11:53.160]  statutes under official misconduct. Official misconduct goes to misappropriation of public
[11:53.160 --> 12:00.800]  funds or public equipment. Official oppression goes to denying a citizen full and free access
[12:00.800 --> 12:09.240]  to her enjoyment right. Most states have both of those in one. And they mimic 18 U.S. Code
[12:09.240 --> 12:21.320]  242, the Ku Klux Klan Act. After the Civil War, the north left the political structures
[12:21.320 --> 12:26.600]  in place, the mayors, the constables, the sheriffs, they didn't take all those out of
[12:26.600 --> 12:32.080]  that had anarchy. They gave them new rules. And for most part, they told those Yankee
[12:32.080 --> 12:39.560]  college carpet backers to take their rules and stick them. Well, in 1871, they passed
[12:39.560 --> 12:48.960]  the Ku Klux Klan Act as a way of forcing these officials to follow the constitutional and
[12:48.960 --> 12:55.680]  federal guidelines. And it essentially says if a public official fails to perform a duty,
[12:55.680 --> 13:02.640]  he is required to perform. Or exert or purport to exert an authority he does not expressly
[13:02.640 --> 13:08.880]  have. Then he didn't end in the process to deny the citizen the full and free access
[13:08.880 --> 13:16.440]  to her enjoyment rights. That's the class A misdemeanor in the Fed and in every state.
[13:16.440 --> 13:26.040]  Some of the original colonies, the common old states, they call them a little different.
[13:26.040 --> 13:31.000]  But it's generally a class A misdemeanor next thing to a felony. It's a big deal. Generally,
[13:31.000 --> 13:41.880]  a year in jail, $10,000 fine, even if a judge does it. So if the judge fails to rule on
[13:41.880 --> 13:49.640]  every element of one of your pleadings, I consider that an act of official misconduct.
[13:49.640 --> 13:57.840]  He denied me in my right to petition the court for redress of grievance. And he did so while
[13:57.840 --> 14:03.600]  acting under the color or pretense of his official capacity. So what you want to do
[14:03.600 --> 14:13.120]  is give him a motion with a set of arguments that you know he's not going to rule on. That's
[14:13.120 --> 14:21.320]  what they tend to do is they'll take your motion and find the easiest argument in the
[14:21.320 --> 14:26.160]  motion that they can rule against you on. Rule against you on that issue and ignore
[14:26.160 --> 14:32.360]  the rest. Well, that's what I want him to do. Because then I'll charge him criminally
[14:32.360 --> 14:37.200]  for each element they ignored. Does that make sense, Mark?
[14:37.200 --> 14:41.520]  Yeah, it does. Yeah, this is great.
[14:41.520 --> 14:47.760]  And they don't realize it. They think you're just a pro se throwing on this junk and they're
[14:47.760 --> 14:57.560]  just to annoy them. Then when you file criminally for each one, and I file criminally separate,
[14:57.560 --> 15:05.680]  the judge failed to address this issue filed in this pleading criminal complaint. The judge
[15:05.680 --> 15:12.000]  failed to address this issue, separate criminal complaint. And the best way to file criminal
[15:12.000 --> 15:18.960]  complaints is to file them separately on different days. If you file a whole bunch of them all
[15:18.960 --> 15:26.760]  at once, their freedom is one. But if you file one, each one on a different day, now
[15:26.760 --> 15:36.520]  they have to deal with each one individually. And it goes on his record. It stays there
[15:36.520 --> 15:42.480]  forever. Mark, were you ever in the military? No, I haven't.
[15:42.480 --> 15:49.760]  Okay, well, if you were in the military, you would understand that species tends to gravitate
[15:49.760 --> 15:59.560]  downhill. I was in the military and I called the inspector general. We have a chain of
[15:59.560 --> 16:06.880]  command, but if you don't believe you can get satisfaction from your chain of command,
[16:06.880 --> 16:13.680]  you can always go to the inspector general. So I always went to the inspector general.
[16:13.680 --> 16:19.000]  He was second in command of the base and he's generally about to retire so nobody can do
[16:19.000 --> 16:23.240]  anything to him. He can't be demoted. They can't do anything to him. So he's a good
[16:23.240 --> 16:29.920]  one to be your advocate. So I always went to the inspector general and just raised incredible
[16:29.920 --> 16:36.960]  cane and that's essentially what you're going to be doing is you go to someone above these
[16:36.960 --> 16:43.320]  guys that they can't do anything with, hang on, about to go to break, and do need to finish
[16:43.320 --> 16:49.920]  this up. This is my favorite subject so I'm having a lot of fun with it. But we'll get
[16:49.920 --> 16:56.640]  back to this on the other side. Randy Kelton with Law Radio, we'll be right back.
[16:56.640 --> 17:10.280]  It's the 2018 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas
[17:10.280 --> 17:17.520]  Gun Works. Go to LogosRadioNetwork.com and enter to win. Every $25 donation is a chance
[17:17.520 --> 17:23.800]  to win. From Central Texas Gun Works, the grand prize up for grabs is the Spikes Tactical
[17:23.800 --> 17:30.720]  AR 15. More prizes and sponsors to be announced. When you purchase Randy Kelton's e-book,
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[18:02.600 --> 18:07.800]  with phone calls, letters, or even lawsuits? Stop debt collectors now with the Michael
[18:07.800 --> 18:13.080]  Meyers Proven Method. Michael Meyers has won six cases in federal court against debt collectors
[18:13.080 --> 18:18.360]  and now you can win, too. You'll get step-by-step instructions in plain English on how to win
[18:18.360 --> 18:23.840]  in court using federal civil rights statute. What to do when contacted by phones, mail or
[18:23.840 --> 18:28.360]  court summons? How to answer letters and phone calls? How to get debt collectors out of your
[18:28.360 --> 18:34.200]  credit report? How to turn the financial tables on them and make them pay you to go away? The
[18:34.200 --> 18:39.320]  Michael Meyers Proven Method is the solution for how to stop debt collectors. Personal
[18:39.320 --> 18:44.760]  consultation is available as well. For more information, please visit ruleoflawradio.com
[18:44.760 --> 18:50.120]  and click on the blue Michael Meyers banner or email MichaelMeyers at yahoo.com. That's
[18:50.120 --> 18:59.520]  the ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com. To learn how to stop debt collectors
[18:59.520 --> 19:00.520]  next.
[19:00.520 --> 19:18.720]  Well, don't let nothing get to you. Only the father can do it by you. Don't let bad-mine
[19:18.720 --> 19:27.960]  people hurt you. Because it's unget-behind. You know what I mean? My friend, not a judge
[19:27.960 --> 19:39.160]  can do it. Okay, we are back. Randy Kelkin, ruleoflawradio. And Mark, I've kind of used
[19:39.160 --> 19:46.280]  your issue to go over a lot of the basic stuff on how to come after these guys. But I did
[19:46.280 --> 19:52.040]  want to go over the developing the documentation since you're doing it yourself. Some of the
[19:52.040 --> 20:00.120]  tricks of the trade that the lawyers use. Do you think you, do you have any other questions
[20:00.120 --> 20:06.800]  for me? Do you think you're ready to go after these guys? Oh, I can hear you better find
[20:06.800 --> 20:09.960]  me if you. Okay, that'll work better.
[20:09.960 --> 20:15.640]  Oh, sorry. Yes, I think you gave me a lot to go on.
[20:15.640 --> 20:22.080]  Okay, keep us up to date on how this moves along. And if you have any questions, just
[20:22.080 --> 20:31.240]  email me randy at ruleoflawradio.com. And if I've got documents and stuff, anything
[20:31.240 --> 20:41.480]  I've got, I'll get to you. You heard what Scott has been doing. And the case he spoke
[20:41.480 --> 20:47.640]  about today about the guy who got his case dismissed. He's the second one in two weeks.
[20:47.640 --> 20:53.600]  Once you beat these guys up, we'll really good. They see somebody else come along and
[20:53.600 --> 20:59.880]  start coming after them. They'll start to dismiss in the cases. If we're going to get
[20:59.880 --> 21:10.800]  our system back, then this is how we're going to do it. It is my stated position. My stated
[21:10.800 --> 21:16.640]  ultimate outcome. Place every judge in the country in a position such as that. When they
[21:16.640 --> 21:20.480]  step up behind the bench and look out across the bar at the gallery, I want them wondering
[21:20.480 --> 21:25.080]  which one, which one of those scoundrels sitting out there waiting for me to read a ruling
[21:25.080 --> 21:33.080]  so you can run down trying to get me indicted. We get that in place. These problems we're
[21:33.080 --> 21:41.360]  having will simply go away. And traffic, all things will stop being a source of income
[21:41.360 --> 21:48.200]  for the municipalities and the local governments. They'll start enforcing traffic the way it
[21:48.200 --> 21:56.560]  should be enforced and not just as a way of collecting money. Wearing glasses, that's
[21:56.560 --> 22:07.360]  got to be one of the best ones. I'll let you know how it goes with the glasses.
[22:07.360 --> 22:15.080]  Thank you, Mark. All right. Thank you, Andy. Now we're going to go to, I believe this might
[22:15.080 --> 22:23.160]  be a first time caller in Wisconsin. We have a caller from Milwaukee. Are you there?
[22:23.160 --> 22:28.440]  Well, I don't know if I'm a first time caller, Mr. Dalton.
[22:28.440 --> 22:34.280]  Somehow I don't think this is the first time that Mark has called us. Somehow you came
[22:34.280 --> 22:42.280]  up from my database as just Milwaukee, Wisconsin. Okay. I was kind of thinking it might be you.
[22:42.280 --> 22:51.040]  What have you been up to? Well, it doesn't look like my appeal is going to happen with
[22:51.040 --> 23:01.160]  the Wisconsin State Court because I said I'd be poor folk and I want the fees waived. And
[23:01.160 --> 23:08.040]  they don't believe that I'm poor folk, wanted me to refile more credible paperwork. I just
[23:08.040 --> 23:16.000]  wrote them a motion for reconsideration. And I hadn't logged in to see if it's been
[23:16.000 --> 23:24.320]  shot down, but it doesn't matter. Move on to the next thing. Notably, what I'm looking
[23:24.320 --> 23:35.200]  to move on to is taking since the Fair Debt Collection Practices Act allow for setoffs
[23:35.200 --> 23:41.720]  for the violations. And the Fair Debt Collection Practices Act information was never heard.
[23:41.720 --> 23:51.920]  Wait. Hold on. You said setoff. Yes. Back up. Can you give us a little more depth on setoff?
[23:51.920 --> 24:00.880]  Okay. Now, if an individual action was over one year old or had happened in the dawn of
[24:00.880 --> 24:10.320]  ancient time, if there is a judgment against you, each one of those errors, since you didn't
[24:10.320 --> 24:16.280]  bring them up in a timely manner of, I believe, one year, they can be used for setoff purposes
[24:16.280 --> 24:25.640]  against whatever was charged. So if you had a thousand of these 1,000 things and you only
[24:25.640 --> 24:36.280]  had a $3,000 judgment, they'll work at such that, okay, it's zeroed out, haven't I say?
[24:36.280 --> 24:42.520]  So you're saying that this is a way around the statute of limitations on the Consumer
[24:42.520 --> 24:54.760]  Protection Act. That is the way I read and understand it.
[24:54.760 --> 25:04.000]  So you could still plead these issues based not on a specific direct claim against the
[25:04.000 --> 25:14.640]  other party, but argue it as setoff against any claims. That's a pretty slick one. I haven't
[25:14.640 --> 25:16.640]  heard that before.
[25:16.640 --> 25:26.160]  Well, I'll dig up the case law and the things that I've seen and make sure you get a copy
[25:26.160 --> 25:27.160]  then.
[25:27.160 --> 25:34.360]  Oh, wonderful. Mike, this is definitely going to want to see that.
[25:34.360 --> 25:42.960]  Okay. Now, one of the things that a couple things have happened that are of one is of
[25:42.960 --> 25:48.560]  interest to your listeners, or two of them would be interest to your listeners. Today
[25:48.560 --> 25:54.760]  was the first day that credit freezes are no longer being charged for. So for those
[25:54.760 --> 26:01.160]  people who are still playing the credit card and credit granting game, you can now slap
[26:01.160 --> 26:10.200]  a freeze on your account and hopefully slow up any kind of fraud in your name.
[26:10.200 --> 26:20.360]  The second thing is one of our fine elected officials has drafted HR 6714 and its purpose
[26:20.360 --> 26:28.040]  is to remove the fees for Pacer, which means then going ahead and trying to find what's
[26:28.040 --> 26:33.360]  plagiarized in Pacer will go quicker for people.
[26:33.360 --> 26:41.200]  Wonderful. I saw a reference to that. No Pacer fees. Great.
[26:41.200 --> 26:48.760]  Yeah. Well, it would be worthwhile to reach out to your elected representatives and say,
[26:48.760 --> 26:54.920]  okay, what's going to do to get you guys to vote on this?
[26:54.920 --> 27:01.560]  Then a little something, something at one of my medical checkups. It's the controlled
[27:01.560 --> 27:08.120]  medication management agreement. So now we've got a contract and besides not sharing your
[27:08.120 --> 27:15.640]  drugs and communicating things with the doctor, etc., etc., it says here, quote, I will not
[27:15.640 --> 27:22.760]  use any illegal controlled substances, comma, including marijuana, comma, cocaine, comma,
[27:22.760 --> 27:31.320]  etc., period. Now, I said to the person who handed me this and said, now, what if I went
[27:31.320 --> 27:39.320]  to Colorado and you, you know, use marijuana there? And her answer was, this is a Wisconsin
[27:39.320 --> 27:47.040]  contract, Wisconsin controls, and it's still illegal. I thought that was rather interesting.
[27:47.040 --> 27:55.560]  And I think that's correct because you generally choose your venue in a contract. You choose
[27:55.560 --> 28:02.120]  controlling law. Yeah. Well, it doesn't say where the controlling
[28:02.120 --> 28:12.400]  law is, but it was signed in Wisconsin. Well, but that does bring an issue. If you are
[28:12.400 --> 28:20.360]  forbidden to use a illegal substance, the argument would be, at the time and the place
[28:20.360 --> 28:30.560]  you use the substance, it was not illegal. That's a good argument. Yeah. Yeah. And not
[28:30.560 --> 28:39.480]  to mention interstate commerce, etc., etc., etc. Interstate commerce is not implicated
[28:39.480 --> 28:46.440]  if you went to Colorado and consumed a marijuana in Colorado. Interstate doesn't have anything
[28:46.440 --> 28:54.880]  to do with it. Just because the contract happens to be to name Michigan law as the controlling
[28:54.880 --> 29:01.880]  law. It doesn't. This one doesn't actually say where the controlling law is. Well, it
[29:01.880 --> 29:12.760]  is. Then she's wrong. The only way that the prohibition can be enforced, the first thing
[29:12.760 --> 29:24.160]  it will be unconscionable anyway, what benefit do you get from the restriction? If there's
[29:24.160 --> 29:29.600]  a restriction in the contract, you have to have a benefit in return. Otherwise, it's
[29:29.600 --> 29:34.080]  unconscionable. Yeah. So, benefit is the controlled medication
[29:34.080 --> 29:42.880]  that they now are, you know, to get that you agree to this and they just went no fine, whatever.
[29:42.880 --> 29:50.880]  But I have a copy. So, you know, that's fine. So, if I tried to enforce it, then you would
[29:50.880 --> 29:59.120]  have a real good, unconscionable, covenant argument. Yeah. I'd also go, I'd also roll
[29:59.120 --> 30:08.600]  with. This vital mineral fights cancer, fatigue and high blood pressure. Plus, it does wonders
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[31:55.080 --> 32:24.920]  I'm Dr. Katherine Albrecht for StartPage.com, the world's most private search engine.
[32:24.920 --> 32:54.760]  I'm Dr. Katherine Albrecht for StartPage.com, the world's most private search engine.
[32:54.760 --> 33:24.600]  I'm Dr. Katherine Albrecht for StartPage.com, the world's most private search engine.
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[33:54.440 --> 34:05.040]  You stated many times on many shows the value of plagiarists. And I am seeking now the plagiaristic
[34:05.040 --> 34:17.040]  talents to take the claim of the Fair Debt Collection Practices Act of the offsets. And
[34:17.040 --> 34:25.080]  to do this, I'm going to need to file a pre-law suit discovery in the Fed. An ideal world where
[34:25.080 --> 34:37.800]  I'd like to live that has unicorns and happy puppies would have such a thing written for
[34:37.800 --> 34:47.400]  the Fair Debt Collection Practices Act. But realistically, any pre-law suit invocation
[34:47.400 --> 34:54.640]  on the Fed would be nice. So if you know of any or know some case law that I can go look
[34:54.640 --> 35:04.640]  up on PACER or hopefully find it in Court Watcher, I'd love to know. Same with the reader
[35:04.640 --> 35:09.120]  or the other listeners here. If they know of one.
[35:09.120 --> 35:15.160]  My best research tool, I don't use Google Scholars. Google Scholar turned out to be
[35:15.160 --> 35:22.880]  a pain in the neck. Just straight up Google works better for me than anything. And I generally
[35:22.880 --> 35:32.760]  do searches for, I put in whatever the subject matter is and I put case law or treatise.
[35:32.760 --> 35:42.360]  And I get, I'm sorry, case law, brief treatise. I get really good information. The hardest
[35:42.360 --> 35:53.200]  thing is to find that first case on point. I could go to Lexis or Westlaw and try to
[35:53.200 --> 36:00.000]  come up with a key word or a key phrase that I would expect to be in a suit that goes to
[36:00.000 --> 36:09.640]  a specific point. But there's a problem. You know, I have an argument in this, I'm building
[36:09.640 --> 36:20.520]  a business plan and I'm arguing that Lexis, Nexis and Westlaw were touted as a great
[36:20.520 --> 36:35.520]  advance in legal research. Before Lexis and Westlaw and Lexis, Nexis, we had legal encyclopedias.
[36:35.520 --> 36:41.200]  Primary one was American Jurisprudence. And you could take a set of keywords and go to
[36:41.200 --> 36:49.040]  American Jurisprudence and look that up and you would find 10 to 15 relatively standard
[36:49.040 --> 36:54.760]  controlling cases for any particular keyword. And then you could go to the library and pull
[36:54.760 --> 37:00.560]  those cases and read those cases. Well, Lexis, Nexis and Westlaw come, Westlaw is first.
[37:00.560 --> 37:06.160]  They come along and they said, you know, that's really restrictive. You only got 10 to 15
[37:06.160 --> 37:14.800]  cases and the encyclopedia only gets updated every couple of years. You can use our system
[37:14.800 --> 37:23.640]  and research all of the cases. So instead of going to a encyclopedia and pulling 10
[37:23.640 --> 37:30.120]  or 15 relatively consistent controlling cases, now you can go on our site and do a search
[37:30.120 --> 37:39.480]  and get 10,000 cases. And good luck on finding the ones that fit. So they have created a
[37:39.480 --> 37:48.600]  horrible mess in the legal system. When we only had legal encyclopedias available, you
[37:48.600 --> 37:54.840]  could pretty well cite the cases in American Jurisprudence or Westlaw had one and there
[37:54.840 --> 38:02.920]  were two or three different legal encyclopedias and be pretty safe. But after these digital
[38:02.920 --> 38:10.160]  search engines, all these lawyers are back in the Wild West. You ask any lawyer, how
[38:10.160 --> 38:16.880]  many cases do you generally have to go through to find that first case on point? And they're
[38:16.880 --> 38:26.480]  going to tell you 50 to 100. It is outrageous. So instead of going trying to find that first
[38:26.480 --> 38:34.640]  case on point, I go try to find somebody who's already found those cases on point. And these
[38:34.640 --> 38:42.720]  lawyers, they want to get appointed to cases where a lawyer has a case and an issue comes
[38:42.720 --> 38:49.920]  up that this lawyer is not adept at addressing. So he'll go on the Internet and try to find
[38:49.920 --> 38:55.520]  a lawyer who's good at this particular area and they'll bring him into the case. And 50%
[38:55.520 --> 39:03.480]  of the lawyer's business, they receive this way. So they put their treatises and briefs
[39:03.480 --> 39:07.560]  out online so other lawyers can find them. The other lawyer's not going to take their
[39:07.560 --> 39:13.040]  brief of pleading and use it. They're going to find the best brief of pleading and they're
[39:13.040 --> 39:17.920]  going to say, I want this guy. And they bring this guy in the case and charge the client
[39:17.920 --> 39:26.080]  for the lawyer they're bringing in. With all that said, then you and I as Procell Liggins,
[39:26.080 --> 39:32.400]  we can search the Internet and find these documents written for other lawyers and we
[39:32.400 --> 39:37.840]  can plagiarize the crapola out of them. Does that make sense, Mark?
[39:37.840 --> 39:47.160]  Oh, yeah. That's why I was looking for if anyone had a shortcut because I found a couple
[39:47.160 --> 39:56.000]  of law firms that were talking about their specialization being filing not in the Fairdeck
[39:56.000 --> 40:07.080]  Collection Practices Act but in other capacity, the pre-law suit discovery. And I just haven't
[40:07.080 --> 40:13.680]  had the spare time to start tracking them down and seeing if I can find their names
[40:13.680 --> 40:25.160]  in firms in Court Listener where I can, then that meets my budgetary goals. If I have to
[40:25.160 --> 40:30.760]  track it down and pace it and then move the stuff over to Court Listener, well, so mode
[40:30.760 --> 40:31.760]  it be.
[40:31.760 --> 40:37.560]  If they get pacer free, it should be free because we paid for it to start with.
[40:37.560 --> 40:44.960]  They already collect our tax money and our government agencies should not be profit sources
[40:44.960 --> 40:51.360]  for the government. There's this issue in Texas I'm going to go after on that where
[40:51.360 --> 40:56.320]  the clerk can charge you a dollar a page for all the documents in the record when they
[40:56.320 --> 41:03.120]  send to appeal. Well, everything is filed with e-file now so the clerk is not having
[41:03.120 --> 41:11.480]  to copy anything. So we had these lawyers in 500 pages of attachment. Well, it's going
[41:11.480 --> 41:19.920]  to cost a litigant $500 to get those sent to the Court of Appeals. That's unconscionable.
[41:19.920 --> 41:23.680]  So we're going to go after the clerk for charging those fees when everything is already
[41:23.680 --> 41:33.920]  digital. Anyway, that was a lost subject. Sometimes I drift to things that are on my
[41:33.920 --> 41:40.080]  mind and that was one of them. Pacer should be free because we've already paid for it.
[41:40.080 --> 41:45.560]  The clerk having to send documents to the Court of Appeals, actually they don't have
[41:45.560 --> 41:54.520]  to copy them, they're supposed to send the file. So a dollar a page is outrageous. Ten
[41:54.520 --> 41:59.560]  cents a page on Pacer can get very expensive very fast.
[41:59.560 --> 42:05.560]  Okay, do you have anything else for us, Mark?
[42:05.560 --> 42:17.760]  No, I'm just trying to work the next thing, notably sending the criminal complaint. I
[42:17.760 --> 42:24.520]  was thinking of going slightly different, send the criminal complaint to the appellate
[42:24.520 --> 42:32.120]  judges across the state for what was going on in Milwaukee and see what the reaction
[42:32.120 --> 42:41.200]  is. That might be a good idea. If you've got an appellate judge up in Poe Dung, Wisconsin
[42:41.200 --> 42:52.400]  and you're filing criminal charges against him for not acting against people in Milwaukee,
[42:52.400 --> 42:57.880]  he's not likely to want to have his career damaged with these criminal complaints that
[42:57.880 --> 43:06.000]  might give him off the dime. Yeah, yeah. Well, it certainly is interesting early in
[43:06.000 --> 43:14.360]  the case the attorney refused service claiming I was serving him in the wrong place. The
[43:14.360 --> 43:21.560]  appellate court's first act was to send the appellate court information at the address
[43:21.560 --> 43:28.560]  where the attorney told me I was serving him at the wrong address.
[43:28.560 --> 43:35.680]  I take it he accepted it from the court? I'm assuming it was just sent as a letter.
[43:35.680 --> 43:44.320]  So yeah, I'm assuming he accepted it and that was the chuckle for me. But anywhere we're
[43:44.320 --> 43:49.640]  going to break, I can't think of anything else that I need to end your year over.
[43:49.640 --> 43:56.640]  Okay, thank you, Mark. Randy Kelton, we'll be right back.
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[46:27.120 --> 46:46.120]  So, okay, we are back. Randy Kelton, rule of law radio on this Friday, the 21st of
[46:46.120 --> 46:57.120]  September 2018, and we're going to Shawn in Nebraska. Hello, Shawn.
[46:57.120 --> 47:02.120]  Hey, Randy, how are you? I am good. What do you have for us today?
[47:02.120 --> 47:11.120]  Well, I've called in a couple of times. I just had a couple of short questions for you.
[47:11.120 --> 47:17.120]  You were talking about poking the bear last time, and I was wondering if filing for a
[47:17.120 --> 47:24.120]  writ of mandamus would be considered poking the bear.
[47:24.120 --> 47:34.120]  As poking the bear goes, that is about as aggressive a poke as I could come up with.
[47:34.120 --> 47:41.120]  Okay. All right. I figured the federal lawsuit would have been worse, but all right.
[47:41.120 --> 47:47.120]  That would kind of be like running over the bear with a truck.
[47:47.120 --> 47:52.120]  All right. Okay. Well, that answers that question.
[47:52.120 --> 48:01.120]  The second question I had was, so one of the file charges against the officer or the detective in the case,
[48:01.120 --> 48:07.120]  I don't feel like he has anything to do with the case anymore.
[48:07.120 --> 48:13.120]  And since I'm awaiting sentencing, would it be okay to do so before sentencing,
[48:13.120 --> 48:24.120]  and or would it be worth my time to contact their internal affairs unit and have them investigate anything?
[48:24.120 --> 48:31.120]  Have you ever been a judge to be suicidal?
[48:31.120 --> 48:34.120]  Pardon me?
[48:34.120 --> 48:40.120]  I would not make a sound until after sentencing.
[48:40.120 --> 48:42.120]  Yeah, okay.
[48:42.120 --> 48:46.120]  After sentencing, then you can do whatever you want to.
[48:46.120 --> 48:58.120]  I would be concerned that if you go after one of the police officers in the case, that the judge is going to drop the sledgehammer on you to protect his police officers.
[48:58.120 --> 49:01.120]  Okay.
[49:01.120 --> 49:10.120]  I would suggest you be real quiet like a little mouse until you get through this process.
[49:10.120 --> 49:19.120]  Get the best option you can, and once you've got past this point, once the decision is made, now you can stand up and do something.
[49:19.120 --> 49:26.120]  Now, once they make the decision, if they try to change it, then you can call that retaliation.
[49:26.120 --> 49:34.120]  Okay. Now, my biggest fear was just not having certain things on the record for the appeal since my attorney did almost nothing for me.
[49:34.120 --> 49:47.120]  You know, I hear you talking about setting up for appeal, and I just get concerned that there's so many things that feel like I could have done maybe even a lot earlier, but didn't have access to the information.
[49:47.120 --> 49:53.120]  If you take a deal, appeal is not an option.
[49:53.120 --> 49:55.120]  Okay.
[49:55.120 --> 50:06.120]  Now, what you can do is go back and claim an effective assistance at the council and move for a new trial.
[50:06.120 --> 50:07.120]  Okay.
[50:07.120 --> 50:09.120]  You work for a do-over.
[50:09.120 --> 50:11.120]  That's an option.
[50:11.120 --> 50:14.120]  Are you aware of what? I'm sorry?
[50:14.120 --> 50:23.120]  If you take a plea deal, then you essentially plead guilty, so there's no option for appeal there.
[50:23.120 --> 50:28.120]  The challenge is the deal, but it's a different mechanism.
[50:28.120 --> 50:36.120]  Yeah. Essentially what happened to me is kind of what's going on with Judge Kavanaugh.
[50:36.120 --> 50:39.120]  It's a case like that.
[50:39.120 --> 50:44.120]  Well, Judge Kavanaugh, tell me about Judge Kavanaugh.
[50:44.120 --> 50:56.120]  Judge Trump's pick for Supreme Court and they brought up some woman who supposedly went to school with him, accused him of sexual assault.
[50:56.120 --> 50:59.120]  Yeah, when he was in high school.
[50:59.120 --> 51:01.120]  Yeah, when he was in high school.
[51:01.120 --> 51:14.120]  It's a deal kind of like that. In fact, if the court were to rule the facts of the case properly, this, my case would be literally, I would be the plaintiff and not the defendant.
[51:14.120 --> 51:19.120]  But I see it, but if you're going to see everything, you'd understand it.
[51:19.120 --> 51:34.120]  The point is, is I'm literally, I mean, being accused and treated as guilty because essentially because I was accused and I wasn't even accused by the person.
[51:34.120 --> 51:38.120]  She doesn't even know what the heck happened.
[51:38.120 --> 51:44.120]  I told her what she did and they said, oh, well, she couldn't have done that. She doesn't remember.
[51:44.120 --> 51:49.120]  And, well, okay, you must have done this and that's how it happened.
[51:49.120 --> 51:58.120]  And I even have witness corroborating testimony that this person was not in this line that he claimed she was.
[51:58.120 --> 52:03.120]  Okay, you probably don't want to go to this place on the air.
[52:03.120 --> 52:04.120]  Fair enough.
[52:04.120 --> 52:14.120]  But essentially, I mean, I just, I'm totally, I'm completely getting railroaded and I just feel like I have no way out.
[52:14.120 --> 52:23.120]  I mean, I'm one of those guys, like you were talking about, you know, you're looking, you try to find people who have the time and energy to do these kind of things and learn it.
[52:23.120 --> 52:27.120]  And I was, and I am that type of person.
[52:27.120 --> 52:40.120]  I don't have any kids, no mortgage, no car payment. I work for myself and I literally come home and I researched the law and I listened to you guys on the radio or on the, you know, on rule of law.
[52:40.120 --> 52:56.120]  And I take notes like a college student and I was doing it for traffic related stuff and then all of a sudden this comes up and now, you know, I see there's a lot of correlations between how the courts react or how the courts operate.
[52:56.120 --> 53:02.120]  You know, with traffic and even regular criminal law.
[53:02.120 --> 53:08.120]  It's frustrating to have a basis at least somewhat on what you guys talk about.
[53:08.120 --> 53:15.120]  And then to come through this and then just be like, you know, like you said, the stakes are a lot higher in this.
[53:15.120 --> 53:31.120]  You feel impotent, you feel like you can't do anything. And I have Tim on which I'm going to take next and he was in a similar position in that he had to stand down until we got to the right place.
[53:31.120 --> 53:40.120]  And you're in that position. You know, they had the city come after him and there are things he wanted to do and I kept telling them they're not done screwing up yet.
[53:40.120 --> 53:47.120]  I didn't give him a heads up yet and he held back and now the things are beginning to turn in his favor.
[53:47.120 --> 53:56.120]  You're kind of in that position. You want to go after these guys and straighten this stuff out, but you have to wait until the right time.
[53:56.120 --> 54:06.120]  And if you've taken a plea deal and you're waiting for sentencing, I would be quiet as a church mouse until that's done.
[54:06.120 --> 54:11.120]  And then you can go back and start after them.
[54:11.120 --> 54:14.120]  And just picking apart limb from limb.
[54:14.120 --> 54:15.120]  Yes.
[54:15.120 --> 54:26.120]  Yeah. All right. I mean, I don't want to walk out of this and, you know, I mean, there's a lot of ramifications from what I'm dealing with, you know.
[54:26.120 --> 54:44.120]  But be patient. I know it's difficult to stand back when you know you have a claim, but you're in a position to where the judge can really throw the book at you if you give him the idea that you're going to be difficult.
[54:44.120 --> 54:48.120]  And I know that doesn't go down well. I know that's very distasteful.
[54:48.120 --> 55:01.120]  And actually, inpatient, obviously with violence or the things I did, I should have known better. But anyway, I'll take your advice from now on.
[55:01.120 --> 55:06.120]  Like you said last time, maybe a call when that's all over.
[55:06.120 --> 55:12.120]  Yeah. Once your liberties issues is taken care of, then you can come back.
[55:12.120 --> 55:13.120]  Okay.
[55:13.120 --> 55:22.120]  I think I'll get three books and start studying up to. Okay. Thank you, Sean. Okay. Now we're going to go to Tim in Texas. Hello, Tim.
[55:22.120 --> 55:24.120]  Hello, sir.
[55:24.120 --> 55:28.120]  What do you have for us today?
[55:28.120 --> 55:35.120]  Well, you know, we've got to, they had the city council meeting last night.
[55:35.120 --> 55:43.120]  Those who don't know who you are, give us a real quick brief.
[55:43.120 --> 55:53.120]  I was taken to civil court by the city of Newark and got a temporary restraining order temporary injunction.
[55:53.120 --> 55:54.120]  Okay. Hold on.
[55:54.120 --> 55:56.120]  Taking to court for what?
[55:56.120 --> 55:59.120]  Junk vehicles, health and safety hazard.
[55:59.120 --> 56:01.120]  What do you do for a living?
[56:01.120 --> 56:04.120]  I'm an auto mechanic.
[56:04.120 --> 56:10.120]  So you have a repair shop and you have vehicles there to be repaired and the city's calling them junk.
[56:10.120 --> 56:15.120]  Calling them junk. Yeah, because they were unlicensed.
[56:15.120 --> 56:20.120]  Okay. And now they're wanting $80,000.
[56:20.120 --> 56:30.120]  Yeah. In fact, they got it by summary judgment. They got $80,000 awarded to them through district court.
[56:30.120 --> 56:39.120]  But so tomorrow or Monday, we're supposed to be there for deposition.
[56:39.120 --> 56:46.120]  And but I was going to tell you something happened. Someone got on Facebook.
[56:46.120 --> 56:57.120]  One of the ladies that was on the board, we called her crazy in the past because of her statements and things she said and done.
[56:57.120 --> 57:07.120]  But she got on there and someone asked her, she said that she received letter today from my attorney, from my attorney.
[57:07.120 --> 57:16.120]  And she and people and so when I saw that, I got on there and said, hey, you couldn't have because we don't have an attorney.
[57:16.120 --> 57:23.120]  And so we talked back and forth a little bit and then she asked if she could come over to our house.
[57:23.120 --> 57:32.120]  So we said, sure. Come on. She said, am I safe? Of course. Well, it's torrential rains outside.
[57:32.120 --> 57:44.120]  We've had five inches or more today. Wow. Yeah. And so Texas, it never rains in Texas. Yeah, it does.
[57:44.120 --> 57:53.120]  And she and we live by the lake, you know, so anyway, so she gets in her car, she knows where we live and she drives right down to our house.
[57:53.120 --> 57:57.120]  She comes into her house and she just begins to cry.
[57:57.120 --> 58:02.120]  And she said she asked if we could pray so we pray.
[58:02.120 --> 58:08.120]  Got her a tissue. I think I hear music. Do you hear music? Yes, you do.
[58:08.120 --> 58:15.120]  This is Randy Kelvin. We have a radio called in number 512-646-1984.
[58:15.120 --> 58:21.120]  Ken Leslie. I see you both there. We'll try to get everybody. We're about to go to break.
[58:21.120 --> 58:26.120]  It's a good time to check out Logos Radio Network. We have our fundraiser going on.
[58:26.120 --> 58:35.120]  And frankly, you know, most of what's done on this show, the hosts themselves pretty well finance the show.
[58:35.120 --> 58:43.120]  And sometimes it gets to be a struggle. We could use some help. We don't need a whole lot, but we need to upgrade some of our equipment.
[58:43.120 --> 58:50.120]  So check out Logos Radio Network and our fundraiser. We'll be right back.
[58:50.120 --> 58:54.120]  Would you like to make more definite progress in your walk with God?
[58:54.120 --> 59:01.120]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.120 --> 59:06.120]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
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[59:13.120 --> 59:18.120]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.120 --> 59:27.120]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ, and how to build up the church.
[59:27.120 --> 59:40.120]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
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[59:49.120 --> 59:59.120]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:20.120 --> 01:00:35.120]  Markets for the 11th of April 2018 close with gold $1,353.22 an ounce, silver $16.68 an ounce, Texas crude $65.51 a barrel,
[01:00:35.120 --> 01:00:55.120]  coins at $6,902.19, ethereums at $420.80, Bitcoin cash at $652.90, and finally light coins at $114.34, a crypto coin.
[01:00:55.120 --> 01:01:08.120]  Today in History, the year 1968, President Lyndon M. Johnson signed the Civil Rights Act of 1968, which prohibited private businesses from discriminating based on race, color, religion, sex, or national origin.
[01:01:08.120 --> 01:01:18.120]  It also prohibited unequal application of voter registration requirements, racial segregation in public schools, and employment, and public accommodations for places of business.
[01:01:18.120 --> 01:01:25.120]  Today in History.
[01:01:49.120 --> 01:01:52.120]  Get ready, Russia, because they will be coming in nice and new and smart.
[01:01:52.120 --> 01:01:58.120]  Going on to warn Russia that you shouldn't be partners with a gas-killing animal who kills his people and enjoys it.
[01:01:58.120 --> 01:02:06.120]  Many in the West, including President Trump, have been quick to conclude that this chemical attack must have been conducted by Assad and his forces.
[01:02:06.120 --> 01:02:15.120]  Syria and Russia, on the other hand, have given approval since yesterday for the Organization for the Prohibition of Chemical Weapons to investigate the side of the chemical slaughter.
[01:02:15.120 --> 01:02:27.120]  Assad has been successful in maintaining rule and support during Syria's seven-year civil war, a civil war that is being fought by the government of Syria and anti-Assad Syrian rebels that are openly being funded by Western governments,
[01:02:27.120 --> 01:02:32.120]  with ISIS being one of the more notorious splinter groups of the American-backed Syrian rebels.
[01:02:32.120 --> 01:02:44.120]  No surprise then why Russian Foreign Minister Spokeswoman Maria Zakhova posted on Facebook that smart missiles should be fired at terrorists and not at a legitimate government, which has been fighting terrorists.
[01:02:44.120 --> 01:02:51.120]  Or is this a trick to destroy all traces with a smart missile strike, and then there will be no evidence for international inspectors to look at?
[01:02:51.120 --> 01:03:03.120]  This was Rick Rody with the Lowdown for April 11, 2018.
[01:03:22.120 --> 01:03:34.120]  Okay, we are back. Randy Kelton, Rule of Law Radio, and we're talking to Tim in Texas. Okay, this is interesting.
[01:03:34.120 --> 01:03:35.120]  Yeah.
[01:03:35.120 --> 01:03:41.120]  Okay, one thing you didn't tell is earlier today they had a city council meeting.
[01:03:41.120 --> 01:03:43.120]  Yesterday?
[01:03:43.120 --> 01:03:49.120]  Yesterday. Okay, that's relevant. Will you address what happened at the city council meeting?
[01:03:49.120 --> 01:04:03.120]  At the city council meeting we were on the agenda, and most of the council meeting was held in executive session, and when they came out they said no action on my part, on my case.
[01:04:03.120 --> 01:04:06.120]  Okay, how long were they in executive session?
[01:04:06.120 --> 01:04:11.120]  Probably an hour.
[01:04:11.120 --> 01:04:19.120]  That seems like a long time for no action, and this is a lawsuit.
[01:04:19.120 --> 01:04:36.120]  They sued to collect from Tim $80,000 over some junk vehicles, and the Court of Appeals has ruled that their original adjudication was void.
[01:04:36.120 --> 01:04:42.120]  So there was a problem with the original trial, just the way Tim claimed from the beginning that there was.
[01:04:42.120 --> 01:04:49.120]  Now they're going for this extra $80,000, and so they were at the point of going to appeal.
[01:04:49.120 --> 01:04:59.120]  So there's really nothing for the city or the lawyers to do pending appeal.
[01:04:59.120 --> 01:05:10.120]  There's an appeal coming, and the lawyers will have to file an appeal, and the lawyers will file a response brief to the appeal.
[01:05:10.120 --> 01:05:12.120]  So there's really not anything to do.
[01:05:12.120 --> 01:05:23.120]  So when they first told me that they were on the agenda, my question was, what on earth are they going to put you on the agenda for?
[01:05:23.120 --> 01:05:26.120]  What action is there to take?
[01:05:26.120 --> 01:05:34.120]  The only one I can think of, and that's to dismiss it, to drop their claims.
[01:05:34.120 --> 01:05:37.120]  So if they're in there an hour, it's...
[01:05:37.120 --> 01:05:40.120]  Well, they were in two hours, and Laura just told me.
[01:05:40.120 --> 01:05:43.120]  Two hours, that's a long time.
[01:05:43.120 --> 01:05:46.120]  So when this started...
[01:05:46.120 --> 01:05:56.120]  I didn't tell you this, before the meeting, the mayor took aside Darla, who sent the mayor a lot of message by email.
[01:05:56.120 --> 01:06:07.120]  He went up to her, and they've never spoken once, except when she speaks at the council meeting during the commentary at first.
[01:06:07.120 --> 01:06:11.120]  But they've never had conversation with one another on phone or Facebook.
[01:06:11.120 --> 01:06:16.120]  He went up to her, and he said, may I speak to you?
[01:06:16.120 --> 01:06:17.120]  She said, sure.
[01:06:17.120 --> 01:06:19.120]  Took her aside, said, listen, I got your note.
[01:06:19.120 --> 01:06:25.120]  He says, and I believe every word in it, and I'm doing everything within my power to try to get it done.
[01:06:25.120 --> 01:06:27.120]  And she said, great.
[01:06:27.120 --> 01:06:29.120]  So that's why she was feeling optimistic.
[01:06:29.120 --> 01:06:40.120]  But then, today, they went ahead and proceeded forward, and got the judge at the district court to sign that it's still on for Monday.
[01:06:40.120 --> 01:06:49.120]  They were supposed to be up there for deposition, and we never did turn in our paper, and they still want the $500 for the used city hall and all.
[01:06:49.120 --> 01:06:58.120]  So it's like, that's kind of disheartening, kind of making us think at our stomach, because we were hoping that they would do the right thing.
[01:06:58.120 --> 01:07:12.120]  For me, it sounds like the council was arguing to make this go away, and the lawyers were warning them of all the bad things that could happen if they blink at this point.
[01:07:12.120 --> 01:07:15.120]  I take that as a very good sign.
[01:07:15.120 --> 01:07:17.120]  The lawyers are under heat.
[01:07:17.120 --> 01:07:22.120]  Now we need to start grieving them and criminal complaining of them at every...
[01:07:22.120 --> 01:07:36.120]  Well, when I posted tonight on Facebook, Laura posted that we had a real good visit with Pamela, and then Pamela posted that we are a very good couple, and that the city needs to lay off of us.
[01:07:36.120 --> 01:07:51.120]  But she also said she's going to start record requesting, because apparently somebody's putting in a lot of record requests about our case to the city, and that the lady, the secretary, up there now, because the city administrators leave because of misconduct charges.
[01:07:51.120 --> 01:07:55.120]  She had a big stack of papers on her desk.
[01:07:55.120 --> 01:07:58.120]  She said, this is all the pixelers' records request.
[01:07:58.120 --> 01:08:01.120]  So that's what Janine told her, so we can use that.
[01:08:01.120 --> 01:08:03.120]  I said, you'll say that.
[01:08:03.120 --> 01:08:04.120]  And she said, yes.
[01:08:04.120 --> 01:08:06.120]  She said, why would she lie to me?
[01:08:06.120 --> 01:08:09.120]  And it probably wasn't necessarily a lie, I don't think.
[01:08:09.120 --> 01:08:14.120]  It was probably just Janine thinking that we had set somebody up to do it, but these people are doing it on their own.
[01:08:14.120 --> 01:08:17.120]  We didn't do it, so it's different.
[01:08:17.120 --> 01:08:21.120]  Okay, wait, I was doing a precursor too.
[01:08:21.120 --> 01:08:26.120]  You got to the point with the city council member that you prayed.
[01:08:26.120 --> 01:08:27.120]  What happened after that?
[01:08:27.120 --> 01:08:29.120]  That's not a city council member.
[01:08:29.120 --> 01:08:32.120]  That's the board member from the administrative board.
[01:08:32.120 --> 01:08:38.120]  Oh, ooh, which one was it?
[01:08:38.120 --> 01:08:44.120]  Pamela Thompson.
[01:08:44.120 --> 01:08:47.120]  Oh, okay, what was the outcome?
[01:08:47.120 --> 01:08:50.120]  I mean, what happened after you prayed?
[01:08:50.120 --> 01:08:54.120]  Well, we sat down and we showed her all the documentation.
[01:08:54.120 --> 01:08:56.120]  And she went, oh my God, she cried.
[01:08:56.120 --> 01:08:57.120]  She put her face in her hands.
[01:08:57.120 --> 01:08:59.120]  She said, what have I done?
[01:08:59.120 --> 01:09:00.120]  What have I been a part of?
[01:09:00.120 --> 01:09:01.120]  Oh my God.
[01:09:01.120 --> 01:09:03.120]  I mean, she's just really upset.
[01:09:03.120 --> 01:09:04.120]  She's really upset.
[01:09:04.120 --> 01:09:07.120]  She wants to see it all go away.
[01:09:07.120 --> 01:09:12.120]  But we don't know how to approach this now that she has done that.
[01:09:12.120 --> 01:09:16.120]  But it's a positive sign, you know,
[01:09:16.120 --> 01:09:23.120]  but it still doesn't help us in the court because this is a court order.
[01:09:23.120 --> 01:09:32.120]  Well, that part, at the end, the end result is what we want.
[01:09:32.120 --> 01:09:39.120]  This is on appeal, so the court really doesn't have much power at this point.
[01:09:39.120 --> 01:09:42.120]  If the court tries to issue any other orders,
[01:09:42.120 --> 01:09:49.120]  then we'll immediately file with the court of appeals to restrain them.
[01:09:49.120 --> 01:09:52.120]  And if the court makes any rulings,
[01:09:52.120 --> 01:09:57.120]  it's not going to make a difference because we'll file that with the court of appeals.
[01:09:57.120 --> 01:10:01.120]  And almost certainly a good portion of this is going to get,
[01:10:01.120 --> 01:10:08.120]  the one thing that we want overturned and is absolutely certain to get overturned
[01:10:08.120 --> 01:10:13.120]  is the dismissal of your claim with prejudice.
[01:10:13.120 --> 01:10:14.120]  Yeah.
[01:10:14.120 --> 01:10:19.120]  Because the court of appeals have already ruled that your claim was valid.
[01:10:19.120 --> 01:10:24.120]  Because you told, we sued her first.
[01:10:24.120 --> 01:10:26.120]  Say that again?
[01:10:26.120 --> 01:10:30.120]  She was told that we sued them first.
[01:10:30.120 --> 01:10:33.120]  And I said, no, the only reason why you were part of the suit
[01:10:33.120 --> 01:10:40.120]  is because you were on the administrative board.
[01:10:40.120 --> 01:10:48.120]  So it sounds like you may have these, they're feeling the heat.
[01:10:48.120 --> 01:10:51.120]  You see this stuff coming back at them.
[01:10:51.120 --> 01:10:52.120]  And now she's getting worried.
[01:10:52.120 --> 01:10:55.120]  The information to the council member and the mayor,
[01:10:55.120 --> 01:11:00.120]  and they saw it, that all they had to do was sign a document,
[01:11:00.120 --> 01:11:04.120]  statements from the city saying that they saw that we had set up that bank account
[01:11:04.120 --> 01:11:07.120]  and they didn't do it.
[01:11:07.120 --> 01:11:08.120]  We gave that to them.
[01:11:08.120 --> 01:11:12.120]  That was like Tuesday.
[01:11:12.120 --> 01:11:17.120]  So they didn't, they didn't use it.
[01:11:17.120 --> 01:11:21.120]  So this, this still, you know, I don't know what's going to happen if we don't show up Monday.
[01:11:21.120 --> 01:11:22.120]  Okay.
[01:11:22.120 --> 01:11:26.120]  But well, then the court will set a hearing and you go to the hearing
[01:11:26.120 --> 01:11:31.120]  and they'll show in the proof that you've put up the funds to cover the entire amount
[01:11:31.120 --> 01:11:37.120]  so that the, all of the discovery becomes moot.
[01:11:37.120 --> 01:11:38.120]  Okay.
[01:11:38.120 --> 01:11:41.120]  So we're not going to, we're just not going to show up.
[01:11:41.120 --> 01:11:49.120]  Well, if the courts sets a hearing, it'll probably be a show cause hearing.
[01:11:49.120 --> 01:11:50.120]  Yeah.
[01:11:50.120 --> 01:11:52.120]  They'll set a hearing, your show cause is why you didn't show up.
[01:11:52.120 --> 01:11:54.120]  You say, here's why we didn't show up.
[01:11:54.120 --> 01:12:01.120]  We were talking about, I asked Darla, the lady that has been going to bat for us.
[01:12:01.120 --> 01:12:06.120]  She, I said, would you have ever had dreamed that Pamela Thompson would have requested
[01:12:06.120 --> 01:12:10.120]  to come to our house and torrential rain?
[01:12:10.120 --> 01:12:16.120]  We've had five inches of rain today and it's still raining hard out there, man.
[01:12:16.120 --> 01:12:20.120]  They've got 287 blocked off at Maxwell.
[01:12:20.120 --> 01:12:21.120]  Wow.
[01:12:21.120 --> 01:12:22.120]  That's unusual.
[01:12:22.120 --> 01:12:24.120]  That is a lot of rain.
[01:12:24.120 --> 01:12:25.120]  Yes.
[01:12:25.120 --> 01:12:32.120]  And they're rerouting traffic to 287 to go around the access road to come down 34, 33
[01:12:32.120 --> 01:12:34.120]  so they can get home.
[01:12:34.120 --> 01:12:39.120]  People can't get to their houses hardly without walking through, you know, inches of rain.
[01:12:39.120 --> 01:12:46.120]  But I said, could you have ever imagined that her, she was the most adverse outspoken individual
[01:12:46.120 --> 01:12:48.120]  on the administrative board against us.
[01:12:48.120 --> 01:12:50.120]  She even called me evil on Facebook.
[01:12:50.120 --> 01:12:53.120]  She told me that I was a ticking time bomb.
[01:12:53.120 --> 01:12:55.120]  She'd never met me, never talked to me.
[01:12:55.120 --> 01:13:01.120]  But tonight, she was just relieved that she got to come to our house, speak with us.
[01:13:01.120 --> 01:13:02.120]  She's very sincere.
[01:13:02.120 --> 01:13:04.120]  She wants to see this all go away.
[01:13:04.120 --> 01:13:07.120]  So now we've got her on our side.
[01:13:07.120 --> 01:13:12.120]  And the whole thing that we've been trying to convince people is that, like you say, this
[01:13:12.120 --> 01:13:14.120]  is mostly political.
[01:13:14.120 --> 01:13:19.120]  You know, when these things happen, you know, it's not because you've got the law on your
[01:13:19.120 --> 01:13:20.120]  side.
[01:13:20.120 --> 01:13:21.120]  Right.
[01:13:21.120 --> 01:13:22.120]  Right.
[01:13:22.120 --> 01:13:23.120]  And it's the politics.
[01:13:23.120 --> 01:13:26.120]  And now the politics is turning.
[01:13:26.120 --> 01:13:34.120]  So you've got, I think we have two people on the board that are like, we probably dropped
[01:13:34.120 --> 01:13:35.120]  this.
[01:13:35.120 --> 01:13:39.420]  And then you have another two people that are like, just in the dark and they're scared
[01:13:39.420 --> 01:13:45.120]  to death because one of them was on the administrative board and he's like, oh my God, we can't get
[01:13:45.120 --> 01:13:46.120]  food.
[01:13:46.120 --> 01:13:50.120]  But okay, was he in the executive?
[01:13:50.120 --> 01:13:51.120]  Yeah.
[01:13:51.120 --> 01:13:52.120]  Yeah.
[01:13:52.120 --> 01:13:54.120]  He's on the board.
[01:13:54.120 --> 01:13:55.120]  Yeah.
[01:13:55.120 --> 01:13:56.120]  Yeah.
[01:13:56.120 --> 01:13:58.120]  He's on the council.
[01:13:58.120 --> 01:14:04.120]  Well, since he's named criminally in this action, he has no business in there.
[01:14:04.120 --> 01:14:06.120]  That should be raised before the board.
[01:14:06.120 --> 01:14:08.120]  Wait a minute.
[01:14:08.120 --> 01:14:09.120]  Where is he?
[01:14:09.120 --> 01:14:11.120]  Where is he named criminally?
[01:14:11.120 --> 01:14:16.120]  You filed criminal charges with a district attorney against him.
[01:14:16.120 --> 01:14:17.120]  When?
[01:14:17.120 --> 01:14:22.120]  Just put the date on one of the documents.
[01:14:22.120 --> 01:14:29.120]  You filed against all three of them and the lawyer, three charges each.
[01:14:29.120 --> 01:14:32.120]  Well, here's what I posted on Facebook.
[01:14:32.120 --> 01:14:36.120]  I says, I think that the administrative board was lied to.
[01:14:36.120 --> 01:14:41.120]  I think that the city council was lied to and I think the citizens were lied to by attorneys
[01:14:41.120 --> 01:14:44.120]  who are trying to fill their pockets with money.
[01:14:44.120 --> 01:14:50.120]  And I said, if they lose this case, they are going to be the laughing stock of the state
[01:14:50.120 --> 01:14:54.120]  of Texas because they lost to a pro se litigant.
[01:14:54.120 --> 01:14:56.120]  I put that on Facebook.
[01:14:56.120 --> 01:15:01.120]  Of course, I didn't say pro se litigant because nobody would have known what I was talking
[01:15:01.120 --> 01:15:05.120]  about, but they got beat by me and I don't have an attorney.
[01:15:05.120 --> 01:15:08.120]  That makes sense.
[01:15:08.120 --> 01:15:09.120]  You are right.
[01:15:09.120 --> 01:15:12.120]  They will be the laughing stock.
[01:15:12.120 --> 01:15:15.120]  Good chance they will end their business.
[01:15:15.120 --> 01:15:23.120]  They're trying with all of their heart to convince the council that it's for the council's
[01:15:23.120 --> 01:15:28.120]  good to not drop this, but no, it's for the city's good.
[01:15:28.120 --> 01:15:30.120]  And that's what I have to keep pounding.
[01:15:30.120 --> 01:15:33.120]  I have to get people to start talking about that issue.
[01:15:33.120 --> 01:15:37.120]  And once that's brought out into the light, then maybe the council will go, well, maybe
[01:15:37.120 --> 01:15:39.120]  these attorneys are lying to her.
[01:15:39.120 --> 01:15:42.120]  And if that's the case, then they'll sit down and say, you know what?
[01:15:42.120 --> 01:15:44.120]  I think we need to sue you.
[01:15:44.120 --> 01:15:46.120]  And that's what I told my wife today.
[01:15:46.120 --> 01:15:52.120]  I said, they basically used the city's money to defend their own attorney.
[01:15:52.120 --> 01:15:55.120]  My wife is showing me something here.
[01:15:55.120 --> 01:15:59.120]  District attorney, grand jury filings on McClain and Burtman Thompson.
[01:15:59.120 --> 01:16:01.120]  That was October the 25th.
[01:16:01.120 --> 01:16:03.120]  A year ago.
[01:16:03.120 --> 01:16:07.120]  So, yeah, this is some heavy stuff.
[01:16:07.120 --> 01:16:12.120]  We just filed a motion for a petition for a writ of mandamus.
[01:16:12.120 --> 01:16:19.120]  We asked the court of appeals to order the prosecuting attorney to act in accordance with article 2.03,
[01:16:19.120 --> 01:16:27.120]  court of criminal procedure, and give those complaints against public officials to the grand jury.
[01:16:27.120 --> 01:16:29.120]  I got a question.
[01:16:29.120 --> 01:16:32.120]  We've got this lady turned to our side.
[01:16:32.120 --> 01:16:38.120]  We need to be able to explain to her what has taken place.
[01:16:38.120 --> 01:16:39.120]  Okay.
[01:16:39.120 --> 01:16:42.120]  So that she's not scared to death and think that we lied to her.
[01:16:42.120 --> 01:16:43.120]  Okay.
[01:16:43.120 --> 01:16:45.120]  You can, okay.
[01:16:45.120 --> 01:16:46.120]  Hang on.
[01:16:46.120 --> 01:16:47.120]  About to go to break.
[01:16:47.120 --> 01:16:49.120]  We'll pick this up on the other side.
[01:16:49.120 --> 01:16:51.120]  We'll be right back.
[01:16:51.120 --> 01:17:03.120]  All right.
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[01:19:39.120 --> 01:19:40.120]  Logos.
[01:19:42.120 --> 01:19:43.120]  Hi.
[01:19:43.120 --> 01:19:44.120]  Hi.
[01:19:44.120 --> 01:19:45.120]  Ok.
[01:19:45.120 --> 01:19:46.120]  We are back.
[01:19:46.120 --> 01:19:53.040]  You know, I've questioned about this board member that you have criminal charges against
[01:19:53.040 --> 01:19:56.200]  being in executive session.
[01:19:56.200 --> 01:19:58.920]  You need to do some research.
[01:19:58.920 --> 01:20:03.320]  He is absolutely forbidden to participate.
[01:20:03.320 --> 01:20:07.640]  He is absolutely compromised here.
[01:20:07.640 --> 01:20:10.440]  He had a duty to recuse himself.
[01:20:10.440 --> 01:20:14.840]  I would suggest you move to have him removed from the board.
[01:20:14.840 --> 01:20:15.840]  Look up.
[01:20:15.840 --> 01:20:21.800]  It has been a long time since I've read the Open Meetings Act of Texas, but he's going
[01:20:21.800 --> 01:20:24.920]  to have a specific duty to recuse.
[01:20:24.920 --> 01:20:32.080]  The whole board is compromised in this matter as they had a duty to ensure that he did not
[01:20:32.080 --> 01:20:38.600]  participate when he has criminal charges against him based on the very actions that are before
[01:20:38.600 --> 01:20:41.080]  the court.
[01:20:41.080 --> 01:20:45.920]  Some being there is absolutely improper.
[01:20:45.920 --> 01:20:49.600]  You're not sure where it would be found as the Texas Rules of Civil Procedure or the
[01:20:49.600 --> 01:20:51.560]  Open Meetings Act?
[01:20:51.560 --> 01:20:52.560]  Texas Open Meetings Act.
[01:20:52.560 --> 01:21:03.840]  It used to be 6252-17A, but it was recodified when they changed the Open Record Act to 552
[01:21:03.840 --> 01:21:06.840]  Government Code.
[01:21:06.840 --> 01:21:13.800]  The Open Meetings Act is generally stitched onto the end of the Open Government Act.
[01:21:13.800 --> 01:21:19.760]  What I want to try and do is one more thought before we move ahead.
[01:21:19.760 --> 01:21:28.480]  If they attempt to have another meeting where you are on the agenda, you need someone to
[01:21:28.480 --> 01:21:32.520]  go in there, I guess even you could do it.
[01:21:32.520 --> 01:21:40.160]  When they start to adjourn to go into executive session, you stand up and say, I rise to a
[01:21:40.160 --> 01:21:45.000]  question of privilege before the board.
[01:21:45.000 --> 01:21:47.680]  They operate under Robert's Rules of Order.
[01:21:47.680 --> 01:21:52.480]  Look up Robert's Rules of Order and look up question of privilege.
[01:21:52.480 --> 01:22:02.080]  A question of privilege is an issue that the board must consider as if the board continues
[01:22:02.080 --> 01:22:09.200]  with its present course, it will create a harm that cannot be undone.
[01:22:09.200 --> 01:22:11.240]  Anyone can stand to a question of privilege.
[01:22:11.240 --> 01:22:22.920]  I did that in a city council meeting when the school board was meeting to consider firing
[01:22:22.920 --> 01:22:28.240]  a teacher.
[01:22:28.240 --> 01:22:36.320]  They had not posted the executive hearing in a timely manner.
[01:22:36.320 --> 01:22:41.600]  I stood up in the meeting room and said, I rise to a question of privilege affecting
[01:22:41.600 --> 01:22:42.600]  the board.
[01:22:42.600 --> 01:22:48.400]  Well, the president of the school board was also a Justice at the P6 captain on the Sheriff's
[01:22:48.400 --> 01:22:50.080]  Department knew me real well.
[01:22:50.080 --> 01:22:57.360]  He did not know what a question of privilege was, but he was sure that if I stood up and
[01:22:57.360 --> 01:23:01.160]  invoked it that I did, so he gave me the floor.
[01:23:01.160 --> 01:23:05.880]  If they refused to give you the floor on executive privilege, then you filed against the whole
[01:23:05.880 --> 01:23:06.880]  board.
[01:23:06.880 --> 01:23:14.920]  Okay, but going back to what we need to do about them having the executive session and
[01:23:14.920 --> 01:23:21.800]  I was part of the discussion, we're out of time because they're not going to have another
[01:23:21.800 --> 01:23:25.480]  meeting for a month.
[01:23:25.480 --> 01:23:32.480]  I know you get two more callers at least, so I want you to go ahead and take their
[01:23:32.480 --> 01:23:38.760]  call and you and I can talk about this later, but at least I've gotten this information
[01:23:38.760 --> 01:23:43.920]  to you and they have something to roll around your head and then I will look up the other
[01:23:43.920 --> 01:23:44.920]  stuff.
[01:23:44.920 --> 01:23:45.920]  Okay?
[01:23:45.920 --> 01:23:46.920]  That's a good sign.
[01:23:46.920 --> 01:23:49.000]  This is what happens when you're hanging in there.
[01:23:49.000 --> 01:23:52.160]  They count on you knuckling under early.
[01:23:52.160 --> 01:23:59.000]  But when you're in there, then what they're doing begins to fall apart and their camp
[01:23:59.000 --> 01:24:01.000]  is beginning to crumble around them.
[01:24:01.000 --> 01:24:06.760]  If they've got one of the members of the board that's ready to bail, one of the things you
[01:24:06.760 --> 01:24:14.160]  can assure the member of the board that we otherwise wouldn't have told them, it's that
[01:24:14.160 --> 01:24:22.760]  he has an affirmative defense, both to pass prosecution and to civil litigation.
[01:24:22.760 --> 01:24:31.360]  Well, I tried to tell her tonight, which just wasn't enough time, was that she has ground
[01:24:31.360 --> 01:24:32.360]  for going against them.
[01:24:32.360 --> 01:24:37.040]  She said that Diane took her into a back room and said, listen, I don't want you to be a
[01:24:37.040 --> 01:24:40.080]  part of a board, but I don't want you to say anything to anybody.
[01:24:40.080 --> 01:24:44.080]  So I said, well, that right there should have thrown red flags up to you because anything
[01:24:44.080 --> 01:24:48.600]  you do that has to do with government, it should not be in secret.
[01:24:48.600 --> 01:24:52.560]  I think she's willing to spill her guts, but she's not holding it in the head to get
[01:24:52.560 --> 01:24:55.800]  some side of neurological issues.
[01:24:55.800 --> 01:24:56.800]  Hold on.
[01:24:56.800 --> 01:25:03.640]  She said that she was directed by Diane and how to conduct herself in the board.
[01:25:03.640 --> 01:25:04.640]  Yes.
[01:25:04.640 --> 01:25:05.640]  Ooh.
[01:25:05.640 --> 01:25:06.880]  So she said this.
[01:25:06.880 --> 01:25:13.160]  She said that the attorney, when we all had to go outside and they were in there deliberating,
[01:25:13.160 --> 01:25:19.760]  she said that the attorney told her that it could be between $100,000 and $1,000 fine.
[01:25:19.760 --> 01:25:27.960]  And she thought that $1,000 for a vehicle was too much, but the other two, Jeanine and
[01:25:27.960 --> 01:25:32.760]  Taylor said, no, we need to do it for $1,000 a piece, and of course, Jeanine was the assistant
[01:25:32.760 --> 01:25:41.360]  to Diane that said that the attorney was in there directing them how to do things.
[01:25:41.360 --> 01:25:42.640]  She don't spill her guts, man.
[01:25:42.640 --> 01:25:44.640]  That's why we got to keep her an ally.
[01:25:44.640 --> 01:25:45.640]  Yeah.
[01:25:45.640 --> 01:25:50.480]  And well, one of the things you can tell her and ask her, you need to keep this under
[01:25:50.480 --> 01:25:56.320]  your hat, don't mention it until you need it, but you have an affirmative defense to
[01:25:56.320 --> 01:25:58.320]  all of this.
[01:25:58.320 --> 01:26:01.640]  She's an affirmative defense.
[01:26:01.640 --> 01:26:02.640]  Affirmative defense.
[01:26:02.640 --> 01:26:08.120]  She acted in good faith reliance on competent authority, and the competent authority was
[01:26:08.120 --> 01:26:10.120]  the lawyer.
[01:26:10.120 --> 01:26:21.520]  They gave her false advice because she was the city's lawyer.
[01:26:21.520 --> 01:26:25.000]  She acted in good faith reliance on that advice.
[01:26:25.000 --> 01:26:26.720]  There is no mens rea.
[01:26:26.720 --> 01:26:27.720]  Yes.
[01:26:27.720 --> 01:26:30.520]  No evil intent.
[01:26:30.520 --> 01:26:32.240]  So she has an affirmative defense.
[01:26:32.240 --> 01:26:33.240]  All of them do.
[01:26:33.240 --> 01:26:38.240]  Something up, and then I can give it to them.
[01:26:38.240 --> 01:26:44.400]  As much as we might like to hammer the other two, they have that same affirmative defense,
[01:26:44.400 --> 01:26:47.800]  and they're probably shaking in their boots as well.
[01:26:47.800 --> 01:26:54.160]  Well, the thing about it is that Jeanine was directly assistant to Diane, and Diane held
[01:26:54.160 --> 01:27:01.120]  the first string, and she's a single woman who needs the job.
[01:27:01.120 --> 01:27:08.480]  So you might tell this council member to say, this board member, the one that is the administrative
[01:27:08.480 --> 01:27:13.760]  board, that you guys have an affirmative defense.
[01:27:13.760 --> 01:27:18.080]  You acted in good faith reliance on competent authority, which was the lawyer, and get them
[01:27:18.080 --> 01:27:20.600]  to throw the lawyer under the bus.
[01:27:20.600 --> 01:27:26.640]  And she also told me that the Texas Municipal League was defending them.
[01:27:26.640 --> 01:27:29.640]  Good.
[01:27:29.640 --> 01:27:35.480]  That's an issue to take, but I don't know that it's relevant to this case.
[01:27:35.480 --> 01:27:39.160]  That would be relevant to our lawsuit, your lawsuit.
[01:27:39.160 --> 01:27:43.080]  Let me get to your callers, so they probably have something real important, but at least
[01:27:43.080 --> 01:27:45.080]  I wanted you to know that, and then...
[01:27:45.080 --> 01:27:48.680]  No, this is good.
[01:27:48.680 --> 01:27:53.800]  Most of our listeners have heard this move along, and it's a good demonstration if you
[01:27:53.800 --> 01:27:55.800]  hang in there.
[01:27:55.800 --> 01:27:57.520]  And Tim and Laura have hung in there.
[01:27:57.520 --> 01:27:58.520]  It's been tough.
[01:27:58.520 --> 01:28:03.040]  And they have hung in there, and now this thing's beginning to turn in their favor.
[01:28:03.040 --> 01:28:07.920]  I said, family, if you ever have a problem with your neighbor, never go to City Hall.
[01:28:07.920 --> 01:28:12.520]  Go to your neighbor, and then if your neighbor won't listen to you, go to City Hall.
[01:28:12.520 --> 01:28:16.080]  I said, but we can't keep using this against one another.
[01:28:16.080 --> 01:28:17.080]  We live in a small town.
[01:28:17.080 --> 01:28:21.800]  I said, it just stirs up hard feelings and hatred, and none of us really know the truth,
[01:28:21.800 --> 01:28:26.040]  especially when you've got a wicked person like Diane at the helm.
[01:28:26.040 --> 01:28:33.040]  Okay, if you do this right, all of that administrative board will throw that lawyer right under the
[01:28:33.040 --> 01:28:35.040]  bus for you.
[01:28:35.040 --> 01:28:37.400]  Yeah, we've got to be very careful.
[01:28:37.400 --> 01:28:42.600]  And we're also praying that the other miracles that it rains so hard that City Hall is flooded
[01:28:42.600 --> 01:28:43.600]  out Monday.
[01:28:43.600 --> 01:28:45.600]  We can't go.
[01:28:45.600 --> 01:28:54.400]  When you go to a deposition, you object to everything.
[01:28:54.400 --> 01:28:58.400]  Whatever they ask you to object, where we're out of it.
[01:28:58.400 --> 01:28:59.400]  Okay.
[01:28:59.400 --> 01:29:03.200]  Or come up with some reason you object to it, just object to everything.
[01:29:03.200 --> 01:29:07.520]  What about if I don't show up?
[01:29:07.520 --> 01:29:09.840]  Then they'll have a show-cause hearing.
[01:29:09.840 --> 01:29:10.840]  Okay.
[01:29:10.840 --> 01:29:14.880]  The court will have to set a show-cause hearing, and you can go to show-cause hearing and say,
[01:29:14.880 --> 01:29:20.800]  we posted enough funds to cover this entire amount, so all of this became...
[01:29:20.800 --> 01:29:26.080]  Could you, if we can get the council to understand that they have been taken advantage of by
[01:29:26.080 --> 01:29:28.000]  a law firm that wants money?
[01:29:28.000 --> 01:29:29.520]  No, it doesn't matter.
[01:29:29.520 --> 01:29:36.040]  When you go to the court, you say, we've posted the full amount of these funds in an account
[01:29:36.040 --> 01:29:39.120]  and named the city as the beneficiary.
[01:29:39.120 --> 01:29:44.280]  So they are covered for any funds, there's no collected activity needed.
[01:29:44.280 --> 01:29:49.080]  So all of this became moot, and that'll be addressed to the show-cause hearing.
[01:29:49.080 --> 01:29:50.080]  All right.
[01:29:50.080 --> 01:29:51.080]  Okay.
[01:29:51.080 --> 01:29:52.080]  Thank you a lot, Randy.
[01:29:52.080 --> 01:29:53.080]  Okay.
[01:29:53.080 --> 01:29:54.080]  Thank you.
[01:29:54.080 --> 01:30:00.080]  Now we're going to go to Ken in New York, hello, Ken.
[01:30:00.080 --> 01:30:05.080]  Keep your voice down.
[01:30:05.080 --> 01:30:10.720]  The government now has Russian technology that matches identities to voices so it can tell
[01:30:10.720 --> 01:30:11.720]  who's doing the talking.
[01:30:11.720 --> 01:30:12.720]  I'm Dr. Catherine Albrecht.
[01:30:12.720 --> 01:30:16.880]  Back to tell you how it works after this.
[01:30:16.880 --> 01:30:18.600]  Privacy is under attack.
[01:30:18.600 --> 01:30:22.240]  When you give up data about yourself, you'll never get it back again.
[01:30:22.240 --> 01:30:27.240]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.240 --> 01:30:28.760]  So protect your rights.
[01:30:28.760 --> 01:30:32.360]  Say no to surveillance and keep your information to yourself.
[01:30:32.360 --> 01:30:35.000]  Privacy, it's worth hanging on to.
[01:30:35.000 --> 01:30:40.640]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[01:30:40.640 --> 01:30:42.320]  Yahoo, and Bing.
[01:30:42.320 --> 01:30:46.080]  Start over with StartPage.
[01:30:46.080 --> 01:30:50.800]  In 2001, when the Patriot Act opened the doors to electronic surveillance, Big Brother
[01:30:50.800 --> 01:30:54.440]  is gone crazy, vacuuming up all of our data.
[01:30:54.440 --> 01:30:59.360]  Now it has a new tactic, courtesy of our former communist allies, the Russians.
[01:30:59.360 --> 01:31:04.600]  It's called voice grid nation, and it analyzes and identifies voices, courtesy of Russia's
[01:31:04.600 --> 01:31:06.600]  Speech Technology Center.
[01:31:06.600 --> 01:31:11.360]  When authorities intercept a call, the speaker's voice is compared to millions of others, like
[01:31:11.360 --> 01:31:12.360]  a fingerprint.
[01:31:12.360 --> 01:31:14.440]  How long does it take for a match?
[01:31:14.440 --> 01:31:15.760]  Three seconds.
[01:31:15.760 --> 01:31:18.320]  So watch what you say on the phone, comrades.
[01:31:18.320 --> 01:31:21.880]  Whether you say your name or not, Big Brother may know who's talking.
[01:31:21.880 --> 01:31:31.400]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.400 --> 01:31:36.800]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.800 --> 01:31:39.040]  The government says that fire brought it down.
[01:31:39.040 --> 01:31:43.840]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.840 --> 01:31:47.840]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[01:31:47.840 --> 01:31:49.280]  force responders have died.
[01:31:49.280 --> 01:31:53.120]  I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correction officer,
[01:31:53.120 --> 01:31:57.840]  I'm an Air Force pilot, I'm a father who lost his son, we're Americans, and we deserve
[01:31:57.840 --> 01:31:58.840]  the truth.
[01:31:58.840 --> 01:32:01.200]  Go to RememberBuilding7.org today.
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[01:32:11.640 --> 01:32:15.240]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[01:32:15.240 --> 01:32:19.040]  That's why you have insurance, and Hill Country Home Improvements can handle the claim for
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[01:32:31.600 --> 01:32:32.840]  the first time.
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[01:32:41.480 --> 01:32:46.120]  and we'll donate another $100 to the Logos Radio Network to help continue this programming.
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[01:32:51.240 --> 01:32:57.360]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:57.360 --> 01:32:59.240]  Discounts are based on full roof replacement.
[01:32:59.240 --> 01:33:01.600]  I mean, I actually be kidding about chemtrails.
[01:33:01.600 --> 01:33:30.800]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[01:33:30.800 --> 01:33:31.800]  Okay.
[01:33:31.800 --> 01:33:32.800]  We are back.
[01:33:32.800 --> 01:33:35.800]  Randy Kelton, root of Logo Radio.
[01:33:35.800 --> 01:33:38.440]  And we're going to Ken in New York.
[01:33:38.440 --> 01:33:39.440]  Hello, Ken.
[01:33:39.440 --> 01:33:40.440]  Hi, Randy.
[01:33:40.440 --> 01:33:41.440]  How are you doing?
[01:33:41.440 --> 01:33:42.440]  Doing good.
[01:33:42.440 --> 01:33:43.440]  It's been a while.
[01:33:43.440 --> 01:33:44.440]  What happened to you?
[01:33:44.440 --> 01:33:45.440]  No, I'm here.
[01:33:45.440 --> 01:33:46.440]  I'm listening.
[01:33:46.440 --> 01:33:47.440]  When I have something to say, I say it.
[01:33:47.440 --> 01:33:48.440]  I want to make a couple of comments on some previous calls since I've been holding on
[01:33:48.440 --> 01:33:49.440]  for a while.
[01:33:49.440 --> 01:33:50.440]  I started out with one thing that I'm thinking of, and I go, oh, I got something else, and
[01:33:50.440 --> 01:33:51.440]  oh, I got something else.
[01:33:51.440 --> 01:34:06.760]  So, as far as Tim goes, I think I know what was going on in that executive session, and
[01:34:06.760 --> 01:34:13.960]  we're trying to decide whether they should have an individual funerals or group funeral.
[01:34:13.960 --> 01:34:14.960]  That's probably appropriate.
[01:34:14.960 --> 01:34:19.960]  And then who is going to be the grave digger?
[01:34:19.960 --> 01:34:28.760]  Ken, you know, I have to really give it, you know, Tim is, you know, I talk to Tim and
[01:34:28.760 --> 01:34:32.600]  Laura every day, and they are under incredible stress.
[01:34:32.600 --> 01:34:34.800]  Oh, my God.
[01:34:34.800 --> 01:34:40.240]  You know, this is, I understand that stress, I've been there myself.
[01:34:40.240 --> 01:34:46.120]  But unlike most people, they did not back down.
[01:34:46.120 --> 01:34:53.480]  And right now they're concerned about discovery, and I'm not concerned about it, it's not a
[01:34:53.480 --> 01:34:54.480]  problem.
[01:34:54.480 --> 01:35:00.800]  This, I told them, hang on, the worm will turn, and the worm is in the process of turning.
[01:35:00.800 --> 01:35:09.560]  They held on long enough that what these guys count on is you knuckling under early.
[01:35:09.560 --> 01:35:14.080]  What they cannot deal with is someone who won't quit.
[01:35:14.080 --> 01:35:21.360]  There was a John Wayne movie where John Wayne's niece got taken by the Indians.
[01:35:21.360 --> 01:35:23.960]  And the nephew and John Wayne went after him.
[01:35:23.960 --> 01:35:27.960]  I think it was called The Searchers.
[01:35:27.960 --> 01:35:36.440]  Five years later, the nephew said, Uncle, isn't it time we stopped?
[01:35:36.440 --> 01:35:44.520]  And he said, the Indians, they just don't understand a critter that will just keep on
[01:35:44.520 --> 01:35:45.520]  coming.
[01:35:45.520 --> 01:35:52.040]  And these guys don't understand a critter that will just keep on coming.
[01:35:52.040 --> 01:35:57.880]  And Tim and Laura have reached the point where this thing is turning back in their favor.
[01:35:57.880 --> 01:36:03.000]  And you know, they filed a 300-week, you know, when they filed against the answer to their
[01:36:03.000 --> 01:36:11.360]  original suit, the original suit was for $8,000 for the original funds.
[01:36:11.360 --> 01:36:19.160]  And they filed a subject matter jurisdiction challenge and a $300,000 claim against them.
[01:36:19.160 --> 01:36:24.040]  And then once they filed that, then the other side filed an amended pleading that included
[01:36:24.040 --> 01:36:25.040]  this $80,000.
[01:36:25.040 --> 01:36:33.920]  Well, that first suit alleged that the original adjudication was fraudulent or was void.
[01:36:33.920 --> 01:36:39.280]  And when we filed the petition for rid of mandamus, the Court of Appeals agreed.
[01:36:39.280 --> 01:36:41.680]  It was void.
[01:36:41.680 --> 01:36:53.520]  So their $300,000 claim, the claims that were made based that supported that $300,000 claim
[01:36:53.520 --> 01:36:58.520]  were voodled in their favor already, as well as Judicata.
[01:36:58.520 --> 01:37:00.720]  So it goes to the Court of Appeals.
[01:37:00.720 --> 01:37:06.440]  The dismissal with prejudice goes out the window.
[01:37:06.440 --> 01:37:08.080]  And then they move for some adjustment.
[01:37:08.080 --> 01:37:16.200]  Actually, what they're going to do is file an amended pleading themselves and triple
[01:37:16.200 --> 01:37:17.200]  their claim.
[01:37:17.200 --> 01:37:24.800]  And they're just digging themselves deeper and deeper and deeper.
[01:37:24.800 --> 01:37:27.200]  That's what these lawyers have been doing.
[01:37:27.200 --> 01:37:30.240]  This may end this law firm.
[01:37:30.240 --> 01:37:32.560]  It may end some of these lawyers' careers.
[01:37:32.560 --> 01:37:35.640]  I may ask you a question.
[01:37:35.640 --> 01:37:39.960]  Did they file a counter suit against them in the beginning?
[01:37:39.960 --> 01:37:45.520]  I think when you demand a verified complaint, or at least what happened with me when my
[01:37:45.520 --> 01:37:52.560]  hospital death suit, one mistake I made is that I should have filed, when I demanded
[01:37:52.560 --> 01:37:59.440]  the verified complaint, and just made my answer, I should have filed a counter suit or a counter
[01:37:59.440 --> 01:38:01.440]  complaint against them.
[01:38:01.440 --> 01:38:07.320]  They sued the pictures for $8,000.
[01:38:07.320 --> 01:38:10.320]  The pictures filed a counter suit for $300,000.
[01:38:10.320 --> 01:38:11.320]  Oh, OK.
[01:38:11.320 --> 01:38:12.320]  So they did.
[01:38:12.320 --> 01:38:17.320]  Yeah, in their answer, they filed, it was an answer and counter claim.
[01:38:17.320 --> 01:38:19.320]  Oh, yeah.
[01:38:19.320 --> 01:38:20.920]  I was up to that one.
[01:38:20.920 --> 01:38:22.480]  We weren't missing that shot.
[01:38:22.480 --> 01:38:24.640]  That was a mistake that I made.
[01:38:24.640 --> 01:38:25.640]  I could have done it.
[01:38:25.640 --> 01:38:31.600]  I didn't think, at the time, I was not that experienced in it, so I was more afraid that
[01:38:31.600 --> 01:38:36.720]  they were coming after me and they were trying to take my house from me.
[01:38:36.720 --> 01:38:40.280]  But at any rate, that one worked out OK in my favor.
[01:38:40.280 --> 01:38:45.200]  They ended up walking away in a stipulation that discontinued with prejudice.
[01:38:45.200 --> 01:38:47.480]  I was just happy to get out from under it.
[01:38:47.480 --> 01:38:50.560]  But the next time, I wouldn't do it that way.
[01:38:50.560 --> 01:38:58.720]  Previously, one of the callers was talking about a doctor wanting him to sign something,
[01:38:58.720 --> 01:39:02.840]  something to do with marijuana or something like that.
[01:39:02.840 --> 01:39:08.840]  And I can tell you from a personal experience that if, when somebody puts something in front
[01:39:08.840 --> 01:39:12.640]  of you in a medical office and tells you to sign it, I'm starting to look at everything
[01:39:12.640 --> 01:39:17.040]  as if they're a financial contract.
[01:39:17.040 --> 01:39:20.560]  And when I look at it, I'm saying, well, there's an offer.
[01:39:20.560 --> 01:39:23.800]  What's the offer and what's the consideration?
[01:39:23.800 --> 01:39:30.520]  And you have to address something here.
[01:39:30.520 --> 01:39:37.760]  She will tell you everything is by contract, everything.
[01:39:37.760 --> 01:39:40.520]  So she agrees with you 100%.
[01:39:40.520 --> 01:39:42.520]  Everything you put in front of you is contract.
[01:39:42.520 --> 01:39:46.080]  Yeah, I'm starting to look at it like that.
[01:39:46.080 --> 01:39:50.560]  And what they, what I did was, when I had to go in the hospital recently to have some
[01:39:50.560 --> 01:39:58.040]  foot surgery, cause I had a small injury and my foot was caused by another foot doctor,
[01:39:58.040 --> 01:39:59.360]  of course.
[01:39:59.360 --> 01:40:06.920]  And I was put paper in front of me and a paper said that I understand this policy, I understand
[01:40:06.920 --> 01:40:07.920]  this law.
[01:40:07.920 --> 01:40:15.400]  And then I saw, I understand the New York state laws on anatomical gifts and I go, oh,
[01:40:15.400 --> 01:40:16.400]  wait a minute.
[01:40:16.400 --> 01:40:22.920]  So what I did was, I started scratching things out that I didn't like because I'm signing
[01:40:22.920 --> 01:40:25.320]  a contract down a piece of paper.
[01:40:25.320 --> 01:40:29.360]  And on the paper, it says, I understand this and that and they hand me a separate booklet
[01:40:29.360 --> 01:40:31.480]  that I'm holding in my left hand.
[01:40:31.480 --> 01:40:34.160]  And I said, no, this is a booklet in my left hand.
[01:40:34.160 --> 01:40:36.320]  I'm not going to sit here and read this booklet.
[01:40:36.320 --> 01:40:42.120]  And I'm signing on the contract or the paper that they want me to sign on, doesn't have
[01:40:42.120 --> 01:40:43.120]  any of this information.
[01:40:43.120 --> 01:40:47.280]  So I started scratching out the things I just said, I don't understand that I scratch it
[01:40:47.280 --> 01:40:50.920]  out, throw a little circle from my initials in it.
[01:40:50.920 --> 01:40:54.760]  And then when I got done scratching all of that, I said, I am not an organ donor.
[01:40:54.760 --> 01:40:57.040]  But let's just put that to rest right now.
[01:40:57.040 --> 01:41:00.760]  So if something goes wrong, you don't decide that I start harvesting my organs.
[01:41:00.760 --> 01:41:04.840]  Not that it'd be worth anything at this point.
[01:41:04.840 --> 01:41:10.440]  And down at the bottom, I signed my name and I put without prejudice on top of it.
[01:41:10.440 --> 01:41:15.760]  And because the reason I did that is the paper said this document will become part of your
[01:41:15.760 --> 01:41:16.760]  permanent medical record.
[01:41:16.760 --> 01:41:18.760]  And I said, ooh, goodie.
[01:41:18.760 --> 01:41:19.760]  Good.
[01:41:19.760 --> 01:41:23.840]  So what do you think?
[01:41:23.840 --> 01:41:26.640]  Everyone should look at contracts that way.
[01:41:26.640 --> 01:41:31.760]  When someone puts a contract in front of you, you don't have to agree to everything.
[01:41:31.760 --> 01:41:41.440]  It's an offer to agree and you can agree or you can provide a partial agreement.
[01:41:41.440 --> 01:41:43.960]  What is an offer?
[01:41:43.960 --> 01:41:46.400]  You know what the answer would be if somebody questions you.
[01:41:46.400 --> 01:41:51.680]  I did this, this happened once also.
[01:41:51.680 --> 01:41:56.320]  The person that hands me the paper, which is of course just an office worker, says, you
[01:41:56.320 --> 01:41:57.320]  have to sign this.
[01:41:57.320 --> 01:41:59.760]  And I said, I have to sign it.
[01:41:59.760 --> 01:42:00.760]  Okay.
[01:42:00.760 --> 01:42:06.680]  So you're saying that if I don't sign this and I agreed everything on here and I don't
[01:42:06.680 --> 01:42:07.680]  agree with this.
[01:42:07.680 --> 01:42:09.240]  I don't agree with that.
[01:42:09.240 --> 01:42:13.440]  I said, so you're going to deny me medical care because I'm not signing an agreement
[01:42:13.440 --> 01:42:14.640]  that you're putting in front of me.
[01:42:14.640 --> 01:42:19.040]  And she went and ran back to talk to the doctor and came back out and she goes, no problem
[01:42:19.040 --> 01:42:20.040]  Mr. X.
[01:42:20.040 --> 01:42:21.040]  Thank you.
[01:42:21.040 --> 01:42:28.040]  For the most part, they know what's considerable and what's not considerable.
[01:42:28.040 --> 01:42:33.920]  And they're not even sure, but the fact that you even challenged them puts doubt in their
[01:42:33.920 --> 01:42:36.720]  mind that that's what you can take advantage of.
[01:42:36.720 --> 01:42:43.160]  I don't know whether I can do these things and I just do them because I'm fairly sure
[01:42:43.160 --> 01:42:49.200]  that whatever they're doing, look, you're telling me I have to sign something to protect
[01:42:49.200 --> 01:42:50.200]  you.
[01:42:50.200 --> 01:42:51.760]  Like what am I getting out of it?
[01:42:51.760 --> 01:42:52.760]  Where's the consideration?
[01:42:52.760 --> 01:42:55.880]  You know, where's the benefit to me?
[01:42:55.880 --> 01:42:57.880]  You think that's the benefit?
[01:42:57.880 --> 01:43:01.640]  That is exactly what considerable means.
[01:43:01.640 --> 01:43:05.200]  You ask me to give you a consideration.
[01:43:05.200 --> 01:43:08.560]  You have to give me a consideration in return.
[01:43:08.560 --> 01:43:14.040]  If you ask me to give you a consideration without a return consideration, that's unconscionable.
[01:43:14.040 --> 01:43:24.080]  Even if you have signed the contract, if the covenant is unconscionable, it's unenforceable.
[01:43:24.080 --> 01:43:29.320]  Better to scratch it out.
[01:43:29.320 --> 01:43:30.320]  Okay, hang on.
[01:43:30.320 --> 01:43:31.320]  We're about to go to break.
[01:43:31.320 --> 01:43:32.820]  So we need to go quickly.
[01:43:32.820 --> 01:43:35.640]  I'd like to get one more caller before we run out.
[01:43:35.640 --> 01:43:38.200]  Randy Kelton, rule of law radio.
[01:43:38.200 --> 01:43:39.840]  I'm not going to give out the caller number.
[01:43:39.840 --> 01:43:41.440]  This is the last segment.
[01:43:41.440 --> 01:43:42.440]  Leslie Scott.
[01:43:42.440 --> 01:43:48.880]  No, Scott, I don't think I'll quite get to you tonight, but I hope you get to Leslie.
[01:43:48.880 --> 01:44:00.240]  She'll be right back.
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[01:46:25.200 --> 01:46:26.200]  Okay.
[01:46:26.200 --> 01:46:27.200]  We are back.
[01:46:27.200 --> 01:46:31.760]  Randy Kelton rules our radio and are talking to Ken in New York.
[01:46:31.760 --> 01:46:35.200]  Okay, Ken, what else do you have for us?
[01:46:35.200 --> 01:46:36.200]  Okay.
[01:46:36.200 --> 01:46:41.920]  Earlier, you talked about, somebody talked about, one of the callers talked about getting
[01:46:41.920 --> 01:46:48.720]  any court dates or hearing dates that you said that you should wait two months and when
[01:46:48.720 --> 01:46:51.760]  they don't respond and do something.
[01:46:51.760 --> 01:46:57.520]  And I'm wondering about the RJI in New York, which we talked about several times in the
[01:46:57.520 --> 01:46:58.520]  past.
[01:46:58.520 --> 01:47:02.080]  The RJI requested judicial intervention.
[01:47:02.080 --> 01:47:06.640]  If that's in, I'm not sure if it's in every state or not, but I know it's in New York.
[01:47:06.640 --> 01:47:10.040]  So the question is, is that another contract?
[01:47:10.040 --> 01:47:12.200]  I wonder if that was put there for a reason.
[01:47:12.200 --> 01:47:16.680]  Is it something that the judicial system could put in place or would it have to be put in
[01:47:16.680 --> 01:47:19.520]  place by the legislature?
[01:47:19.520 --> 01:47:26.360]  And what I'm going to hear is that you're paying money, extra money, a fee to have a
[01:47:26.360 --> 01:47:28.200]  judge assigned to your case.
[01:47:28.200 --> 01:47:35.560]  Does that imply that judge can't get out of, they cannot get out of scheduling and doing
[01:47:35.560 --> 01:47:37.040]  the hearing?
[01:47:37.040 --> 01:47:43.240]  That is a good point.
[01:47:43.240 --> 01:47:50.480]  Only when you file an action in the court, you have to pay for it to file it.
[01:47:50.480 --> 01:47:59.440]  So you enter into a contract for services for which you have paid.
[01:47:59.440 --> 01:48:06.360]  Even if you're the defendant, the plaintiff has paid for these services.
[01:48:06.360 --> 01:48:08.360]  One or the other has to pay for it.
[01:48:08.360 --> 01:48:10.360]  And in my case, they never filed for it.
[01:48:10.360 --> 01:48:12.520]  They waited seven months.
[01:48:12.520 --> 01:48:13.520]  Something happened.
[01:48:13.520 --> 01:48:20.000]  I called up the procé clerk and I said, am I supposed to do anything?
[01:48:20.000 --> 01:48:21.000]  They're not responding.
[01:48:21.000 --> 01:48:22.720]  He said, no, the ball's not in your court.
[01:48:22.720 --> 01:48:23.720]  It's in their court.
[01:48:23.720 --> 01:48:24.720]  They have to respond.
[01:48:24.720 --> 01:48:25.720]  I said, it's been seven months already.
[01:48:25.720 --> 01:48:28.440]  He said, don't worry about it.
[01:48:28.440 --> 01:48:33.720]  And so then they called me and they offered me stipulations to discontinue with prejudice.
[01:48:33.720 --> 01:48:34.720]  And I said, ooh.
[01:48:34.720 --> 01:48:39.040]  So I knew that's when I, in a matter of speaking, won.
[01:48:39.040 --> 01:48:46.760]  Yeah, one big time, so you could have moved after 30 days, generally you have 30 days
[01:48:46.760 --> 01:48:50.160]  to respond to any motion or pleading.
[01:48:50.160 --> 01:48:52.360]  After 30 days, you can move for summary judgment.
[01:48:52.360 --> 01:48:57.160]  Well, there is a one year mark in New York state and it's called failure to prosecute
[01:48:57.160 --> 01:49:02.400]  CPLR 321216 somewhere in the next place.
[01:49:02.400 --> 01:49:04.440]  This doesn't go to that.
[01:49:04.440 --> 01:49:09.720]  This goes to how long you have to respond to a pleading, to a motion or pleading.
[01:49:09.720 --> 01:49:10.720]  Okay.
[01:49:10.720 --> 01:49:12.960]  And I'd filed my answer.
[01:49:12.960 --> 01:49:13.960]  You filed your answer.
[01:49:13.960 --> 01:49:14.960]  Okay.
[01:49:14.960 --> 01:49:18.040]  If you filed your answer and they didn't do anything, yes.
[01:49:18.040 --> 01:49:22.080]  Then it goes to failure to prosecute.
[01:49:22.080 --> 01:49:23.080]  Generally that's six months.
[01:49:23.080 --> 01:49:25.960]  I'm surprised to hear it's a year in New York.
[01:49:25.960 --> 01:49:26.960]  Yeah.
[01:49:26.960 --> 01:49:32.120]  It is a year and then there's all kinds of rulings and case law and stuff around it
[01:49:32.120 --> 01:49:41.080]  where they can sort of get around it or delay it and so that's why I thought it was a coincidence
[01:49:41.080 --> 01:49:48.680]  because it was almost a year to the day when they filed the suit that they called me to
[01:49:48.680 --> 01:49:49.680]  settle.
[01:49:49.680 --> 01:49:50.680]  Okay.
[01:49:50.680 --> 01:49:54.960]  What they probably expected is you to contact them and offer to make a deal when you didn't,
[01:49:54.960 --> 01:49:55.960]  when you responded.
[01:49:55.960 --> 01:50:00.520]  Generally they filed these suits and the other side doesn't respond.
[01:50:00.520 --> 01:50:01.520]  You responded.
[01:50:01.520 --> 01:50:06.800]  And now they have to look at going to court and deal with all the court costs and if you
[01:50:06.800 --> 01:50:11.280]  fight them it's going to cost them more to collect than they can make.
[01:50:11.280 --> 01:50:16.960]  So there was scandalous issues involved that would have exposed some things of the state
[01:50:16.960 --> 01:50:22.760]  system, the medical care and the charity care system and they call it charity care but public
[01:50:22.760 --> 01:50:25.480]  officials draw their insurance off of it.
[01:50:25.480 --> 01:50:27.000]  It's a con job.
[01:50:27.000 --> 01:50:32.400]  They have like a four to six hundred million dollar fund where they tax everybody's healthcare
[01:50:32.400 --> 01:50:36.760]  and they call it charity care but yet the public officials that say the assembly and
[01:50:36.760 --> 01:50:42.400]  the senate all draw their healthcare from this fund.
[01:50:42.400 --> 01:50:46.360]  It's nice, nice if you can get it.
[01:50:46.360 --> 01:50:47.360]  Okay.
[01:50:47.360 --> 01:50:48.520]  Do you have anything else for us?
[01:50:48.520 --> 01:50:49.520]  I got one more.
[01:50:49.520 --> 01:50:52.520]  I'd like to get one more call before we run out of time.
[01:50:52.520 --> 01:50:53.520]  Sure.
[01:50:53.520 --> 01:50:54.520]  Sure.
[01:50:54.520 --> 01:50:55.520]  Bye.
[01:50:55.520 --> 01:50:56.520]  Okay.
[01:50:56.520 --> 01:50:57.520]  Okay.
[01:50:57.520 --> 01:50:58.520]  Now we're going to Leslie in Pennsylvania.
[01:50:58.520 --> 01:50:59.520]  Hello Leslie.
[01:50:59.520 --> 01:51:00.520]  Hey, how you doing?
[01:51:00.520 --> 01:51:01.520]  Had a surprise yesterday.
[01:51:01.520 --> 01:51:13.200]  If you remember in October of 2016 my bank, well the one that claims to hold a mortgage
[01:51:13.200 --> 01:51:18.680]  on my property, got a summary judgment against me which I appealed to the spirit court and
[01:51:18.680 --> 01:51:23.400]  the Supreme Court of Pennsylvania and I got turned down on those because they said it.
[01:51:23.400 --> 01:51:29.240]  I was late filing, having nothing to do with the jurisdiction of the case, they wouldn't
[01:51:29.240 --> 01:51:30.240]  look at anything.
[01:51:30.240 --> 01:51:33.960]  So anyhow, I got a surprise yesterday.
[01:51:33.960 --> 01:51:41.800]  There is an event scheduled in the docket, a trial pool listing for October 8th.
[01:51:41.800 --> 01:51:47.920]  So I called my attorney, I said does that mean I got to go back to that cold weather
[01:51:47.920 --> 01:51:54.160]  and go to a trial in October and he said no, you don't have to turn up but he agreed
[01:51:54.160 --> 01:52:01.160]  to file a motion for summary judgment because there is no jurisdiction in the case and
[01:52:01.160 --> 01:52:09.040]  the court has never addressed that because there is no mortgage.
[01:52:09.040 --> 01:52:14.960]  The person, the owner of the loan has been adjudicated by the federal court and has not
[01:52:14.960 --> 01:52:20.000]  been named as a plaintiff or named anywhere in the case.
[01:52:20.000 --> 01:52:25.600]  So this is an issue you thought was dead and you had lost it?
[01:52:25.600 --> 01:52:29.720]  Yeah, and now they're scheduling a trial.
[01:52:29.720 --> 01:52:36.280]  Good, they gave you another shot at it, wonderful.
[01:52:36.280 --> 01:52:43.720]  Yeah, so Josh is saying that he's going to file a motion for summary judgment and of
[01:52:43.720 --> 01:52:49.520]  course I gave him that instead of having the 12 points that we appealed on, I said just
[01:52:49.520 --> 01:52:53.040]  six to three and they're all jurisdiction.
[01:52:53.040 --> 01:52:59.080]  One is that they failed to join the owner of the loan that was adjudicated by the federal
[01:52:59.080 --> 01:53:10.440]  court and the bank that is the servicer did not say that they were a plaintiff as servicer
[01:53:10.440 --> 01:53:12.440]  for Fannie Mae.
[01:53:12.440 --> 01:53:19.440]  They just waxed with a forged assignment or mortgage even though that Fannie Mae was adjudicated
[01:53:19.440 --> 01:53:22.520]  as owner of the loan.
[01:53:22.520 --> 01:53:27.040]  So they failed to join them and they failed to join the other interested parties who
[01:53:27.040 --> 01:53:30.240]  had other mortgages on the property.
[01:53:30.240 --> 01:53:38.080]  So in addition to screw up things for them, we sent in a deed and little foreclosure to
[01:53:38.080 --> 01:53:47.640]  my second mortgage holder who happened to be a courier of interest and they are filing
[01:53:47.640 --> 01:53:57.840]  a quiet title against the bank and while they're doing that, they're also filing a motion to
[01:53:57.840 --> 01:54:02.160]  dismiss this foreclosure for failure to join them.
[01:54:02.160 --> 01:54:10.680]  Oh, so now you have a third party coming in and oh, wonderful.
[01:54:10.680 --> 01:54:16.360]  I thought it really was good.
[01:54:16.360 --> 01:54:17.680]  We don't own the property now.
[01:54:17.680 --> 01:54:20.800]  It's owned now by our second mortgage holder.
[01:54:20.800 --> 01:54:21.800]  It's a trust.
[01:54:21.800 --> 01:54:22.800]  It's a...
[01:54:22.800 --> 01:54:28.640]  Well, I think you know the person that created the trust for us.
[01:54:28.640 --> 01:54:30.880]  Yes, I think I do.
[01:54:30.880 --> 01:54:31.880]  Wonderful.
[01:54:31.880 --> 01:54:39.680]  This is good news and I want to talk to you tomorrow.
[01:54:39.680 --> 01:54:50.680]  I have been working on the securities laws in developing my questionnaires for this lawyer
[01:54:50.680 --> 01:54:51.680]  project.
[01:54:51.680 --> 01:54:57.280]  I've mostly worked with criminal laws and the criminal laws are really very short and
[01:54:57.280 --> 01:55:00.840]  have just a few elements.
[01:55:00.840 --> 01:55:06.760]  I use those to develop the technology and then I took a look at the securities laws
[01:55:06.760 --> 01:55:18.320]  because I'm working on a marketing program trying to give funding and that brought me
[01:55:18.320 --> 01:55:21.760]  to the Securities Exchange Commission.
[01:55:21.760 --> 01:55:31.320]  So I pulled out the Securities Exchange Commission laws and holy mackerel, what a mess.
[01:55:31.320 --> 01:55:39.040]  I'd always claimed the Securities Exchange Commission was scammed that they're used by
[01:55:39.040 --> 01:55:45.240]  big money people to screw all the little guys and that the laws were written so that the
[01:55:45.240 --> 01:55:53.040]  so vague and nonspecific that the SEC could do pretty much what they wanted to, well,
[01:55:53.040 --> 01:55:59.360]  I underestimated the scale of the problem.
[01:55:59.360 --> 01:56:01.800]  The codes are a horrible mess and I...
[01:56:01.800 --> 01:56:08.360]  But for me it was a good thing because I had to work up a whole different technology to
[01:56:08.360 --> 01:56:11.720]  be able to deal with it.
[01:56:11.720 --> 01:56:24.080]  I have one paragraph in a SEC rule, the rules of this 17 CFR Code of Federal Regulations.
[01:56:24.080 --> 01:56:31.160]  One paragraph cites three different codes and in order to address that one paragraph
[01:56:31.160 --> 01:56:39.320]  I have to analyze all three of these different codes, about 150 questions to be able to analyze
[01:56:39.320 --> 01:56:46.400]  these three codes to address this one paragraph in another code.
[01:56:46.400 --> 01:56:50.080]  That's how convoluted and complex this is.
[01:56:50.080 --> 01:56:54.320]  But the technology works for that.
[01:56:54.320 --> 01:57:04.600]  What the technology didn't work for are the terms used in the definitions provided by
[01:57:04.600 --> 01:57:06.600]  the SEC.
[01:57:06.600 --> 01:57:14.960]  The SEC, the primary thing, the SEC deals with securities and the definition for securities
[01:57:14.960 --> 01:57:19.320]  is impossible to understand.
[01:57:19.320 --> 01:57:24.160]  First step can't get past it.
[01:57:24.160 --> 01:57:30.200]  Nobody can read the definition, the statutory definition of security and understand what
[01:57:30.200 --> 01:57:31.600]  it means.
[01:57:31.600 --> 01:57:38.360]  But I've worked that out, I've worked through all of these convoluted codes and today I
[01:57:38.360 --> 01:57:44.560]  got to the last question, the last point that said you qualify.
[01:57:44.560 --> 01:57:51.280]  I was doing Section A which is a qualification for exemption from SEC control and I got to
[01:57:51.280 --> 01:57:53.280]  the last question.
[01:57:53.280 --> 01:57:56.280]  And now I'll be coming back and we'll start putting these things together.
[01:57:56.280 --> 01:58:03.320]  So I'm going to want to talk to you tomorrow about starting to move this thing ahead.
[01:58:03.320 --> 01:58:08.120]  I am thrilled to hear that this case has been opened back up.
[01:58:08.120 --> 01:58:14.840]  Another example of someone who hung in there and never let up.
[01:58:14.840 --> 01:58:21.560]  We call Leslie bad grandma because you do not want Leslie after you.
[01:58:21.560 --> 01:58:25.360]  Okay, we are out of time.
[01:58:25.360 --> 01:58:28.000]  Thank you Leslie and we will talk tomorrow.
[01:58:28.000 --> 01:58:32.800]  This is Randy Kelton, we will be back next week.
[01:58:32.800 --> 01:58:40.160]  Make sure you check in to Eddie on his traffic show on Monday at 8 o'clock PM Central.
[01:58:40.160 --> 01:58:44.640]  We will be back Thursday and Friday at 8 o'clock PM Central.
[01:58:44.640 --> 01:58:50.600]  Thank you all for listening and good night.
[01:58:50.600 --> 01:58:56.640]  Bibles for America is offering absolutely free a unique study Bible called the New Testament
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