ROL_2019-03-15_16k_Hr1-2.timecode

[00:00.000 --> 00:05.780]  The following news flash is brought to you by The Lone Star Lowdown, providing the jelly
[00:05.780 --> 00:08.420]  bulletins for the commodities market.
[00:08.420 --> 00:21.280]  Today's history, news updates, and the inside scoop into the tides of the alternative.
[00:21.280 --> 00:29.080]  Markets for Wazeva 6th of February 2019 opened with gold at $1,313.70 an ounce, silver $15.77
[00:29.080 --> 00:36.880]  an ounce, copper $2.83 an ounce, oil Texas crude $3.66 a barrel, Brent crude $61.98 a
[00:36.880 --> 00:45.800]  barrel, and cryptos in order of market capitalization, Bitcoin $3,401.64, Ripple XRP $0.29, Ethereum
[00:45.800 --> 00:51.440]  $10.10 and Eos is at $2.32 a crypto coin.
[00:51.440 --> 00:59.640]  Today's history, the year 1918, British women over the age of 30 who meet minimum property
[00:59.640 --> 01:04.560]  qualifications get the right to vote when the representation of the People Act of 1918
[01:04.560 --> 01:06.040]  was passed by parliament.
[01:06.040 --> 01:09.560]  Today's history.
[01:09.560 --> 01:14.240]  In recent news, several Texas-based organizations filed a lawsuit today requesting that a federal
[01:14.240 --> 01:18.960]  court stop the state from flagging about 95,000 people as potentially illegally registered
[01:18.960 --> 01:19.960]  to vote.
[01:19.960 --> 01:25.320]  This was compiled after an 11-month-long investigation by the office of the Texas Secretary of State
[01:25.320 --> 01:30.000]  and the Texas Department of Public Safety, which sought to identify non-U.S. citizens
[01:30.000 --> 01:33.360]  who were registered to vote when obtaining age arbitrage license.
[01:33.360 --> 01:37.040]  Over half of the 95,000 did indeed vote, it seems.
[01:37.040 --> 01:41.080]  However, further controversy was raised when it became clear that some of the names were
[01:41.080 --> 01:45.400]  not in fact belonging to those who were non-citizens and registered.
[01:45.400 --> 01:50.840]  Apparently around 25% of all Latino immigrants become naturalized, gaining the right to vote.
[01:50.840 --> 01:55.240]  Registered voters who receive letters querying their citizenship have 30 days to respond
[01:55.240 --> 01:57.080]  with proof of eligibility.
[01:57.080 --> 02:01.240]  Texas Attorney General Ken Paxton and David Whitley, the Texas Secretary of State, have
[02:01.240 --> 02:09.000]  yet to officially comment regarding this list and any updates pertaining to it.
[02:09.000 --> 02:14.400]  A Texas man of only 24 years old, William Brown, died from a severed artery in his neck after
[02:14.400 --> 02:16.920]  a vape pen exploded while he was using it.
[02:16.920 --> 02:20.640]  It apparently happened in the parking lot of the vape shop where he got it.
[02:20.640 --> 02:24.240]  An x-ray revealed that a piece of metal was embedded in his brainstem.
[02:24.240 --> 02:30.440]  The vape store, Smoke and Vape DZ, has refused to comment.
[02:30.440 --> 02:35.200]  First edition anchorwoman, Kristin Diaz, interviewed Aislin Campbell, the executive director of
[02:35.200 --> 02:40.160]  Grow Local, South Texas, concerning the upcoming Texas Organic Farmers and Gardeners Association
[02:40.160 --> 02:44.600]  Conference, which will be taking place at the Corpus Christi Omni Hotel from February
[02:44.600 --> 02:47.440]  14th to 16th, 6 to 9 p.m.
[02:47.440 --> 02:51.440]  You can find the interview at kiitv.com.
[02:51.440 --> 03:19.440]  This is Rick Rody with your lowdown for February 6th, 2019.
[03:19.440 --> 03:39.400]  Okay, howdy, howdy, Randy Kelton, root of law radio on this Friday, the 15th day of March
[03:39.400 --> 03:40.400]  2018.
[03:40.400 --> 03:49.160]  I'm down here in Tennessee, and it actually feels like spring, yahoo.
[03:49.160 --> 03:57.160]  We have the phone lines open, so if you have a question or comment, give us a call.
[03:57.160 --> 04:04.160]  I had a full board last night, so if you want to get in, you might want to call early to
[04:04.160 --> 04:06.360]  make sure everybody gets in.
[04:06.360 --> 04:12.160]  On this show, I tend to take a little more time with people than most shows do.
[04:12.160 --> 04:17.440]  Alex Jones gives you about three seconds, and he jumps from one to the other, but we
[04:17.440 --> 04:25.080]  try to go into things in a little bit more depth so that we can examine issues and kind
[04:25.080 --> 04:30.480]  of learn how to think about things from a legal perspective.
[04:30.480 --> 04:40.360]  I had someone email me asking me if I would devote part of each show to due process.
[04:40.360 --> 04:51.000]  That is primarily what we do, and I do need to do a show solely on due process.
[04:51.000 --> 04:57.680]  I may have to schedule a show for that purpose and write me up an agenda.
[04:57.680 --> 05:04.200]  I tend to go too deep into subjects, so if I have an agenda, then I won't go too deep
[05:04.200 --> 05:07.120]  and I can move from one to the other.
[05:07.120 --> 05:18.400]  I want to build a general overview, a way of thinking about how to deal with legal issues
[05:18.400 --> 05:25.000]  and public officials, because it's not straightforward.
[05:25.000 --> 05:31.600]  It's relatively simple once you get it, but how we get there is not always too straightforward,
[05:31.600 --> 05:38.480]  so I've developed all of these rules.
[05:38.480 --> 05:49.680]  The rules are designed to focus you into a mental perspective that will tend to lead
[05:49.680 --> 05:55.440]  you in the right direction, whether you're familiar with all the rules or not.
[05:55.440 --> 06:01.320]  That's not always obvious why I'm doing these different rules, but once you use them a little
[06:01.320 --> 06:06.520]  bit and you start dealing with public officials and they start pulling their shenanigans,
[06:06.520 --> 06:11.480]  you'll begin to get a better feel for why we do things the way we do, in a long time
[06:11.480 --> 06:16.600]  developing this procedure.
[06:16.600 --> 06:24.120]  I need to get some archives, so I have everything in order, and I will have an archive that
[06:24.120 --> 06:29.920]  people can download and go through the whole thing, but tonight is not that night.
[06:29.920 --> 06:33.600]  We already have a couple of callers, and both of these callers were on last night, I did
[06:33.600 --> 06:37.640]  not get to them, so I'll make sure I do today.
[06:37.640 --> 06:38.640]  Hello, Tina.
[06:38.640 --> 06:42.200]  This is Tina from California.
[06:42.200 --> 06:44.680]  What do you have for us today?
[06:44.680 --> 06:56.280]  Well, I was just going to ask you if you would have a chance to look at the declaratory judgment.
[06:56.280 --> 07:02.720]  I did, and I want to file it, you know, no later than Monday.
[07:02.720 --> 07:08.040]  It's for that return of the note, and I just wanted to ask your opinion to see if I got
[07:08.040 --> 07:10.560]  it or if there was something.
[07:10.560 --> 07:11.560]  I will do that.
[07:11.560 --> 07:12.560]  I didn't have time.
[07:12.560 --> 07:19.640]  I spent all day finishing up a document that was very time sensitive, and I've been swamped
[07:19.640 --> 07:22.160]  with a couple of big projects.
[07:22.160 --> 07:27.760]  I will try to get through that over the weekend, and I like the idea that you're filing the
[07:27.760 --> 07:33.240]  declaratory judgment, and I want to go through how to do that.
[07:33.240 --> 07:36.000]  It's not terribly difficult.
[07:36.000 --> 07:45.280]  If I were to file a challenge to subject matter jurisdiction, that would be a petition for
[07:45.280 --> 07:57.560]  the declaratory judgment, because it only asks for a court to rule on a point of law,
[07:57.560 --> 08:06.280]  and if you don't ask for any damages, then nobody has immunity, and that's the key to
[08:06.280 --> 08:12.640]  getting past Rule 12B6, Motion to Dismiss for Failure State Acclaim, which could have
[08:12.640 --> 08:21.120]  happened, the states have a similar motion, and they try to use that, especially when
[08:21.120 --> 08:27.960]  they got the judges bought and paid for, to get the case thrown out on the front end,
[08:27.960 --> 08:33.480]  because then the judge can pretty much exercise his discretion, do whatever he wants to, and
[08:33.480 --> 08:38.720]  throw your case out, so right in the beginning, you have to fight just to stay in court.
[08:38.720 --> 08:46.840]  If you file a declaratory judgment suit, he doesn't have any grounds to toss the suit,
[08:46.840 --> 08:55.200]  and if you ask the legitimate question, like here, you're asking whether or not the law
[08:55.200 --> 09:01.600]  requires that the lender return the note when it's paid off.
[09:01.600 --> 09:08.280]  That's not asking for any damages from the other side, it's just asking for a declaration
[09:08.280 --> 09:11.040]  of the rights of the parties.
[09:11.040 --> 09:22.680]  28USC 2001 is the Federal Declaratory Judgment Act, and every state has adopted an act that
[09:22.680 --> 09:31.760]  pretty well follows 2001, 28USC 2001.
[09:31.760 --> 09:37.280]  So if you read those, they'll give you direction, otherwise, it's just a regular suit.
[09:37.280 --> 09:46.720]  Excuse me, it does not have to be called a declaratory judgment suit.
[09:46.720 --> 09:56.520]  It is what it is, and the one that Judge McBride threw out of mind for failure state of claim,
[09:56.520 --> 10:02.240]  it was not labeled a declaratory judgment suit.
[10:02.240 --> 10:12.240]  So he didn't get it, he dismissed it with prejudice for failure to state of claim.
[10:12.240 --> 10:19.200]  So I went straight to the FBI and filed criminal charges against him, that was a hoot.
[10:19.200 --> 10:23.400]  So the last few that I've had other people file, he didn't toss them, I think it got
[10:23.400 --> 10:31.560]  his attention, and most of the time, these judges don't realize they're vulnerable, but
[10:31.560 --> 10:38.920]  a judge, a federal judge, keeps his seat so long as he exercises good behavior.
[10:38.920 --> 10:45.280]  And he's in his 90s, and I suspect the courts would like to get him out of there, but he
[10:45.280 --> 10:46.280]  won't retire.
[10:46.280 --> 10:51.760]  So I filed a criminal charge against him.
[10:51.760 --> 10:58.040]  That got his attention, because that's all the courts need is an excuse to toss him out.
[10:58.040 --> 11:05.760]  If you commit crimes on the bench, that will be considered bad behavior, because at the
[11:05.760 --> 11:09.360]  end of the day, it's all political.
[11:09.360 --> 11:12.720]  But I do apologize, I did not give to it yet.
[11:12.720 --> 11:18.160]  If you will send me an email, I will see it tomorrow morning and I'll get on it early.
[11:18.160 --> 11:23.600]  Okay, well I have to call you at some time this weekend if you have time too for you
[11:23.600 --> 11:28.000]  to tell me how to use that accounting that you sent me, because I've looked at it a few
[11:28.000 --> 11:32.520]  times and I'm like, this is double Dutch, I have no idea.
[11:32.520 --> 11:41.320]  As a matter of fact, if you will ask me for the document, I have a document with the section
[11:41.320 --> 11:45.920]  that goes to what is in that spreadsheet.
[11:45.920 --> 11:51.920]  I have this spreadsheet that I developed when I was helping people stop foreclosures.
[11:51.920 --> 11:59.200]  And actually, I had it online on remedies in real estate.
[11:59.200 --> 12:04.760]  I'm not even sure if remedies in real estate is still up.
[12:04.760 --> 12:10.560]  It is my site and I paid a lot of money to get it up, but I changed directions and haven't
[12:10.560 --> 12:13.480]  been to it in a very long time.
[12:13.480 --> 12:21.520]  Let's see, control in, I'll go to it and see if it's still working.
[12:21.520 --> 12:31.760]  But on there, I have the spreadsheet in HTML format.
[12:31.760 --> 12:35.240]  And you can fill in your information online and it'll send it to me.
[12:35.240 --> 12:48.520]  Well, the site is up, my, let's see, it's working, the site's still up and cooking.
[12:48.520 --> 12:57.880]  Okay, all this does is this allows you to send me the documentation and I'm not going
[12:57.880 --> 13:06.960]  to recommend that you use what's on here because it goes to a real estate email that I haven't
[13:06.960 --> 13:08.200]  opened in years.
[13:08.200 --> 13:11.200]  There it is, calculate fraud.
[13:11.200 --> 13:21.520]  There it is, I've got a calculate fraud button and you can go there and fill in all the information.
[13:21.520 --> 13:26.640]  What it does is it runs an analysis of your note.
[13:26.640 --> 13:34.880]  First thing it does is take the figures from the loan, the note, and does an amortization
[13:34.880 --> 13:36.640]  on it.
[13:36.640 --> 13:45.840]  It runs the whole note out for each payment, how much of the payment is principal and interest.
[13:45.840 --> 13:51.760]  And you can move right down to however many payments you've made and check the remaining
[13:51.760 --> 13:57.200]  principal against what the bank's claiming that you owe.
[13:57.200 --> 14:04.120]  They don't have their documentation, so they really don't know what you owe, they just
[14:04.120 --> 14:06.880]  stick some numbers in there.
[14:06.880 --> 14:15.200]  And the way we develop this is when you go to closing, you sit down before the title
[14:15.200 --> 14:20.160]  company and they will put a HUD 1 settlement statement in front of you.
[14:20.160 --> 14:27.720]  They'll give you a note and they're required at least a day beforehand, let me step back,
[14:27.720 --> 14:33.520]  at least a day beforehand they're required to give you the HUD 1 settlement statement.
[14:33.520 --> 14:36.960]  And the truth and lending statement, most of the times they don't, they just put it
[14:36.960 --> 14:40.080]  down in front of you when you get there.
[14:40.080 --> 14:48.200]  So the truth and lending statement will have a principal add an interest and sometimes
[14:48.200 --> 14:54.760]  it has a section or sometimes they have a payment schedule in there.
[14:54.760 --> 14:59.520]  Some of these notes, the payment changes, there's like 60 payments that want them out
[14:59.520 --> 15:05.360]  and then it changes if it's a variable interest note.
[15:05.360 --> 15:10.760]  But if you look at the note itself, principal interest, and then look at the principal and
[15:10.760 --> 15:18.480]  interest on the truth and lending statement, the numbers aren't the same.
[15:18.480 --> 15:27.160]  And yours was one in 25% where even though the numbers are different, when I calculated
[15:27.160 --> 15:31.920]  the monthly payment it came out exactly the same.
[15:31.920 --> 15:32.920]  That almost never happens.
[15:32.920 --> 15:40.920]  I'd paid $4 and like 19 cents a month extra, or about three or four years or more.
[15:40.920 --> 15:45.640]  Yeah, I think that was over the whole note, it was $4 difference.
[15:45.640 --> 15:46.640]  Okay.
[15:46.640 --> 15:52.960]  Yeah, that was the accumulated amount, so that was pretty close.
[15:52.960 --> 15:56.200]  It was in a penny or so.
[15:56.200 --> 16:02.920]  So seldom happens, generally I get a pretty large variation there.
[16:02.920 --> 16:10.520]  I never have had anyone tell me how they calculate the truth and the lending statement.
[16:10.520 --> 16:13.560]  After all this time I have no idea.
[16:13.560 --> 16:22.760]  I had one person tell me that what they do is they deduct the mortgage insurance from
[16:22.760 --> 16:30.800]  the principal and then add it in interest, and that's what generally happens on a truth
[16:30.800 --> 16:31.800]  and lending statement.
[16:31.800 --> 16:37.040]  Your principal will be less than on your note and your interest will be more than on the
[16:37.040 --> 16:38.720]  note.
[16:38.720 --> 16:44.880]  So I run the differences, and if I find a difference there, if there is a variation,
[16:44.880 --> 16:52.600]  and if the variation is like $3 or $4 on a payment, over 30 years that really winds up
[16:52.600 --> 16:59.600]  a lot of money because that's $3 or $4 extra you're paying.
[16:59.600 --> 17:04.360]  Rule of law radio is proud to offer the rule of law traffic seminar.
[17:04.360 --> 17:07.920]  In today's America we live in an us against them society, and if we the people are ever
[17:07.920 --> 17:11.760]  going to have a free society, then we're going to have to stand and defend our own rights.
[17:11.760 --> 17:15.120]  Among those rights are the right to travel freely from place to place, the right to
[17:15.120 --> 17:19.320]  act in our own private capacity, and most importantly the right to due process of law.
[17:19.320 --> 17:23.340]  The courts afford us the least expensive opportunity to learn how to enforce and preserve our
[17:23.340 --> 17:24.840]  rights through due process.
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[17:50.120 --> 17:54.120]  Learn how to fight for your rights with the help of this material for ruleoflawradio.com.
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[18:59.480 --> 19:24.600]  now.
[19:24.600 --> 19:26.160]  Okay we are back.
[19:26.160 --> 19:31.440]  Andy Kelton, ruleoflawradio and back from falling off the cliff again.
[19:31.440 --> 19:34.320]  Tina, you should have told me I was out of time.
[19:34.320 --> 19:38.320]  I was kind of.
[19:38.320 --> 19:41.720]  I'm a guy guys never take responsibility for their behavior.
[19:41.720 --> 19:42.720]  It's a rule.
[19:42.720 --> 19:48.440]  Okay, I was looking at my room as a real estate site, it's in better shape than I thought
[19:48.440 --> 19:49.440]  it was.
[19:49.440 --> 19:57.280]  It actually has a lot of customer management stuff in the background and logins and backside
[19:57.280 --> 20:04.360]  databases and I may just bring that up to use it as a backdrop for some of my other
[20:04.360 --> 20:05.360]  sites.
[20:05.360 --> 20:06.360]  Yeah.
[20:06.360 --> 20:15.640]  Okay, what I do with this is I have legal arguments and it was this tool that led me
[20:15.640 --> 20:21.080]  to the way I'll make money with traffic site.
[20:21.080 --> 20:26.840]  I helped about 750 people file federal lawsuits.
[20:26.840 --> 20:30.200]  You look at that and you say, man, that's a lot of lawsuits.
[20:30.200 --> 20:33.680]  Well, I actually wasn't.
[20:33.680 --> 20:43.480]  I had a standard who the heck are you suit and I would do an analysis of the long documents
[20:43.480 --> 20:51.240]  and create the who the heck are you claim and then I would run the numbers and the way
[20:51.240 --> 20:57.240]  we run the numbers is first we do the truth and lending statement and compare the two
[20:57.240 --> 21:00.120]  and 75% of the time that gives us the claim and yours.
[21:00.120 --> 21:05.560]  It happened not to and then I look at the HUD one settlement statement.
[21:05.560 --> 21:12.880]  Anybody here who owns a house and you've sat down at closing and with a one settlement
[21:12.880 --> 21:13.880]  statement.
[21:13.880 --> 21:20.200]  It's got all these charges on it.
[21:20.200 --> 21:30.000]  Does anybody remember when you were given this, essentially it's a bill, a list of all the
[21:30.000 --> 21:33.160]  charges they're charging you at closing.
[21:33.160 --> 21:41.760]  Does anybody ever remember the lender providing you with documentation that would show that
[21:41.760 --> 21:48.840]  now I'm going to walk down a real estate settlement cheaters act will show you that the fees charged
[21:48.840 --> 21:58.600]  were not otherwise forbidden to be charged by law as those costs that are a normal part
[21:58.600 --> 22:06.440]  of doing business are intended to be taken from the interest that you get paid and they're
[22:06.440 --> 22:13.240]  not to be charged on the one settlement statement that the charges were for services actually
[22:13.240 --> 22:25.200]  rendered that the services were necessary that the amounts charged were usual and that the
[22:25.200 --> 22:31.240]  lender did not take an undisclosed markup on the amounts charged.
[22:31.240 --> 22:37.960]  Did you get any evidence to indicate any of that, I've never heard anyone have any evidence
[22:37.960 --> 22:40.160]  to indicate that.
[22:40.160 --> 22:51.400]  So in every HUD one settlement statement I find fees that are questionable, processing
[22:51.400 --> 22:57.800]  fees, document preparation fees, these are bogus.
[22:57.800 --> 23:04.120]  Those are intended to be taken out of the interest that you pay, but they stick it on
[23:04.120 --> 23:11.240]  the HUD one settlement statement and then charge you interest on it for 30 years.
[23:11.240 --> 23:17.520]  The overcharges are the last thing that you pay.
[23:17.520 --> 23:25.960]  So every dollar they charge extra you pay interest on it for 30 years and it will generally
[23:25.960 --> 23:32.200]  increase by three to six times depending on the interest.
[23:32.200 --> 23:40.960]  So since we didn't get any documentation supporting the fees on the HUD one settlement statement
[23:40.960 --> 23:49.960]  and we're certain that at least one of them is bogus, then we presume they're all bogus.
[23:49.960 --> 23:57.640]  My favorite fee of all was a $1 charge charged by the state of Texas and right now I don't
[23:57.640 --> 24:00.480]  remember even remember what it was.
[24:00.480 --> 24:10.560]  I included that and you know a bunch of these fees were valid, but I don't know if they
[24:10.560 --> 24:13.240]  charge the right amount.
[24:13.240 --> 24:17.800]  I don't know if they took an undisclosed markup, I don't know any of that stuff.
[24:17.800 --> 24:21.040]  So I assume they're all bogus.
[24:21.040 --> 24:27.720]  Calculate the amount that winds up in item 1400.
[24:27.720 --> 24:33.880]  It starts at 800, actually it starts at 700 and goes down to 1400, but each one of those
[24:33.880 --> 24:38.840]  will only have five or six, maybe eight and ten items in them and then you calculate it
[24:38.840 --> 24:46.040]  all up and I look at the value, they've got a total amount, not just the amount that was
[24:46.040 --> 24:52.120]  charged to you, but also the amount that was charged to the seller because if the seller
[24:52.120 --> 24:59.840]  hadn't had to pay these fees they'd give you more of a break on the purchase of the property.
[24:59.840 --> 25:04.680]  The buyer at the end of the day pays all the bills.
[25:04.680 --> 25:13.560]  So you calculate all that up and you subtract it, the third amortization in my sheet subtracts
[25:13.560 --> 25:21.080]  all of the fees on the HOD1 settlement statement from the principal in the form of an initial
[25:21.080 --> 25:23.600]  payment.
[25:23.600 --> 25:28.960]  So it knocks the principal directly down that much.
[25:28.960 --> 25:40.240]  Then we run the amortization and most of the times I think they designed it this way.
[25:40.240 --> 25:49.960]  In a 30-year mortgage after 240 payments that's generally right in the area where you would
[25:49.960 --> 25:53.120]  zero out.
[25:53.120 --> 25:59.520]  You paid off the entire principal and now it goes in the red for the rest of the way.
[25:59.520 --> 26:06.400]  Now in order to overcome that all they would have to do is provide evidence to show that
[26:06.400 --> 26:16.720]  these figures that these charges were valid and anyone they prove up in our document we
[26:16.720 --> 26:24.080]  say we will recalculate the amortization with that added back in.
[26:24.080 --> 26:34.960]  So out of 750 mortgages Tina guess how many of the fees on all of these mortgages were
[26:34.960 --> 26:36.520]  actually proved up?
[26:36.520 --> 26:37.520]  Yes.
[26:37.520 --> 26:41.520]  It's a real easy answer.
[26:41.520 --> 26:43.520]  Yes.
[26:43.520 --> 26:46.800]  Zero.
[26:46.800 --> 26:52.640]  Now why would they not prove up the legitimate fees?
[26:52.640 --> 26:56.880]  Because there are also legitimate fees.
[26:56.880 --> 26:57.880]  Go ahead.
[26:57.880 --> 26:59.880]  There are no legitimate fees.
[26:59.880 --> 27:02.640]  Yes, some of them are legitimate.
[27:02.640 --> 27:10.560]  The taxes that you paid were legitimate, the mortgage insurance and hazard insurance and
[27:10.560 --> 27:21.760]  there's they can charge a 1% I forget what it's called but it's for the seller that's
[27:21.760 --> 27:26.880]  I mean the broker gets 1% of the deal.
[27:26.880 --> 27:31.160]  Those are allowed to charge but they never prove them up ever.
[27:31.160 --> 27:41.160]  Not one ever because if they prove up one then it implies that if there's another one
[27:41.160 --> 27:48.920]  that they don't prove up then it's exactly what we said it was, fraudulent.
[27:48.920 --> 27:49.920]  Never not.
[27:49.920 --> 27:53.000]  One time did they prove up one fee.
[27:53.000 --> 27:58.880]  That'll keep them in court for six to seven years.
[27:58.880 --> 27:59.880]  Easy.
[27:59.880 --> 28:07.560]  How do you, how do you, don't they say that there's a statute of limitations on this?
[28:07.560 --> 28:16.200]  No fraud is, the statute starts when you find it and you don't find it till I run this
[28:16.200 --> 28:22.760]  amortization and then the fraud jumps out at you and you say oh my goodness look at
[28:22.760 --> 28:24.520]  this.
[28:24.520 --> 28:32.240]  They overcharged me and I've got some that are absolutely outrageous.
[28:32.240 --> 28:37.520]  But even if they're not outrageous it's still an overcharge but your calculation doesn't
[28:37.520 --> 28:44.640]  take into account any extraneous fees they add on later like double late fees in a month
[28:44.640 --> 28:45.640]  and.
[28:45.640 --> 28:49.000]  No I can't do that because I have no evidence of it.
[28:49.000 --> 28:55.960]  If I have evidence of it then we can include that in the calculation.
[28:55.960 --> 28:59.160]  Well I sent that to you, it's in one of those documents they sent.
[28:59.160 --> 29:00.160]  They've got the.
[29:00.160 --> 29:02.360]  No, no, no, wait a minute, wait a minute.
[29:02.360 --> 29:05.240]  You sent me stacks and stacks of documents.
[29:05.240 --> 29:06.240]  Yeah.
[29:06.240 --> 29:12.480]  You know how much time it takes for me to go through all of those documents and pull
[29:12.480 --> 29:13.720]  out those kindness.
[29:13.720 --> 29:15.960]  No way I'm going to do that.
[29:15.960 --> 29:20.480]  It's on one page, it's on a one page doc but I can just send that to you.
[29:20.480 --> 29:23.600]  You'll have to sort of find that for me.
[29:23.600 --> 29:30.520]  I don't have the time, you know what's in there, I don't, you know, when people send
[29:30.520 --> 29:37.640]  me documents I give them a special naming convention and you did that for me.
[29:37.640 --> 29:44.280]  When I do an evaluation of somebody's mortgage normally half of my time is spending renaming
[29:44.280 --> 29:48.840]  documents.
[29:48.840 --> 29:56.120]  The client knows what all these documents are but I don't.
[29:56.120 --> 30:01.960]  So the first thing I have to do is open every document and figure out what it is.
[30:01.960 --> 30:03.280]  All aboard.
[30:03.280 --> 30:07.760]  When mold spread through the dorms of St. Mary's College in Maryland the school relocated
[30:07.760 --> 30:09.760]  its students to a cruise ship.
[30:09.760 --> 30:15.760]  I'm Dr. Catherine Albrecht with an ocean tale of kids sailing through college next.
[30:15.760 --> 30:17.360]  Privacy is under attack.
[30:17.360 --> 30:21.760]  When you give up data about yourself you'll never get it back again and once your privacy
[30:21.760 --> 30:25.720]  is gone you'll find your freedoms will start to vanish too.
[30:25.720 --> 30:31.320]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:31.320 --> 30:33.480]  Privacy, it's worth hanging on to.
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[30:44.680 --> 30:49.680]  After Tropical Storm Irene swept through Maryland mold spread like wildfire through the dorms
[30:49.680 --> 30:51.520]  of St. Mary's College.
[30:51.520 --> 30:55.080]  250 students had to be relocated but where?
[30:55.080 --> 30:56.080]  Hotels?
[30:56.080 --> 30:58.680]  Well that cost a fortune, 20,000 a day.
[30:58.680 --> 31:01.400]  So St. Mary's President came up with a way within an idea.
[31:01.400 --> 31:03.840]  How about putting the students up on a cruise ship?
[31:03.840 --> 31:08.840]  It just so happened the Sea Voyager cruise ship was on its way down from Maine with the
[31:08.840 --> 31:13.280]  owner's mind docking in Maryland and turning their vessel into a floating dorm?
[31:13.280 --> 31:14.280]  No problem.
[31:14.280 --> 31:19.320]  So now the students are enjoying fine on board dining, sweet looking sweets and a breathtaking
[31:19.320 --> 31:20.820]  waterfront view.
[31:20.820 --> 31:22.320]  Talk about smooth sailing.
[31:22.320 --> 31:27.040]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:27.040 --> 31:31.640]  I lost my son.
[31:31.640 --> 31:32.640]  My nephew.
[31:32.640 --> 31:33.640]  My uncle.
[31:33.640 --> 31:34.640]  My uncle.
[31:34.640 --> 31:35.640]  My grandson.
[31:35.640 --> 31:36.640]  Go to buildingwat.org.
[31:36.640 --> 32:01.000]  Why it fell, why it matters is what you can do.
[32:01.000 --> 32:03.320]  Hey, it's Danny here for Hill Country Home Improvements.
[32:03.320 --> 32:06.320]  Did your home receive hail or wind damage from the recent storms?
[32:06.320 --> 32:09.960]  Come on, we all know the government caused it with their chemtrails, but good luck getting
[32:09.960 --> 32:10.960]  them to pay for it.
[32:10.960 --> 32:14.560]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[32:14.560 --> 32:18.380]  That's why you have insurance, and Hill Country Home Improvements can handle the claim for
[32:18.380 --> 32:21.120]  you with little to no out-of-pocket expense.
[32:21.120 --> 32:25.400]  And we accept Bitcoin as a multi-year A-plus member of the Better Business Bureau with
[32:25.400 --> 32:26.720]  zero complaints.
[32:26.720 --> 32:31.080]  You can trust Hill Country Home Improvements to handle your claim and your roof right the
[32:31.080 --> 32:32.160]  first time.
[32:32.160 --> 32:41.320]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com, mention the crypto show and get $100 off, and we'll donate
[32:41.320 --> 32:45.480]  another $100 to the Logos radio network to help continue this programming.
[32:45.480 --> 32:50.600]  So if those out-of-town roofers come knocking, your door should be locked in.
[32:50.600 --> 32:56.680]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[32:56.680 --> 32:58.920]  Discounts are based on full roof replacement.
[32:58.920 --> 33:03.760]  And I actually be kidding about chemtrails.
[33:03.760 --> 33:09.760]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:09.760 --> 33:20.240]  Yeah, I got that one rent, and I'm going to solve that.
[33:20.240 --> 33:22.160]  Okay, we are back.
[33:22.160 --> 33:28.800]  Randy Charlton, rule of law radio, and we're talking to Tina in California.
[33:28.800 --> 33:35.440]  These are complex, and it generally to do a proper analysis would take me two or three
[33:35.440 --> 33:36.440]  days.
[33:36.440 --> 33:37.440]  Yeah.
[33:37.440 --> 33:43.160]  A lot of these, that's when I've got everything organized out the way it should be.
[33:43.160 --> 33:49.840]  So I stopped doing mortgages, and the main reason why is because I was frustrated.
[33:49.840 --> 33:56.080]  I get people coming to me and they're in a desperate place, and I say, okay, I can stop
[33:56.080 --> 33:58.000]  the foreclosure.
[33:58.000 --> 34:00.560]  I can't win in the end.
[34:00.560 --> 34:04.560]  The judges have been bought and paid for.
[34:04.560 --> 34:06.360]  But the problem they have is due process.
[34:06.360 --> 34:10.720]  Due process stands in the middle, and they can't buy your way out of due process.
[34:10.720 --> 34:15.400]  So the judge has to at least give you the semblance of due process, and in order to do that,
[34:15.400 --> 34:21.040]  I can keep him in court at least five to seven years, probably 10-15 if people do want to
[34:21.040 --> 34:23.400]  tell them to.
[34:23.400 --> 34:34.520]  And one of the conditions was that if we can stop these guys, you take half of what you
[34:34.520 --> 34:41.440]  would pay on the mortgage and put it in an account every month and don't touch it.
[34:41.440 --> 34:48.400]  You will get to stay in that house all this time paying no rent, no mortgage, no anything.
[34:48.400 --> 34:52.520]  So take half of what you're saving and put it in an account.
[34:52.520 --> 34:58.800]  Five years down the road, when we are seven years, when we exhaust the first suit and
[34:58.800 --> 35:05.880]  then get ready to file the second one, then you go to the, we file the second one and
[35:05.880 --> 35:10.040]  then ask the judge to order mediation.
[35:10.040 --> 35:15.200]  And then you come to the table and say, I got this chunk of change here.
[35:15.200 --> 35:18.720]  Let's make a deal.
[35:18.720 --> 35:24.360]  I had one guy in New York who did that.
[35:24.360 --> 35:25.360]  One guy.
[35:25.360 --> 35:31.040]  I helped over 700 people, one guy.
[35:31.040 --> 35:41.640]  I was frustrated and I helped people and they just don't do their part when it's complex
[35:41.640 --> 35:42.640]  like this.
[35:42.640 --> 35:43.640]  They expect me to do everything.
[35:43.640 --> 35:50.440]  I had a guy in New York, he had a $2,000 mortgage, seven years in.
[35:50.440 --> 35:59.160]  He complained that I was going to charge him $1,500 to do a cert to the United States Supreme.
[35:59.160 --> 36:02.160]  He didn't have $1,500.
[36:02.160 --> 36:03.160]  Say what?
[36:03.160 --> 36:08.880]  What about all that money you were supposed to be putting in an account all this time?
[36:08.880 --> 36:12.080]  Well, I wasn't able to.
[36:12.080 --> 36:16.400]  I think that was the one that kind of broke me.
[36:16.400 --> 36:17.920]  I was so frustrated.
[36:17.920 --> 36:23.240]  I had this guy at a position to where when they ruled against him on that suit, then we
[36:23.240 --> 36:29.520]  would come back with the fraud suit and then move to, for mediation, they would have come
[36:29.520 --> 36:31.520]  to him and made him a good deal.
[36:31.520 --> 36:35.400]  Then save a dime, it just frustrated me.
[36:35.400 --> 36:42.040]  So I quit doing it because it's such an incredible amount of work.
[36:42.040 --> 36:48.600]  So I don't do that anymore, but I'll help people like this spreadsheet, it'll be six
[36:48.600 --> 36:50.920]  months to develop this thing.
[36:50.920 --> 37:02.680]  And Tina, I will send you the arguments that I have that have links to the information
[37:02.680 --> 37:05.560]  in the spreadsheet.
[37:05.560 --> 37:12.360]  So I put them in the document and Microsoft Word is a little funky with the links.
[37:12.360 --> 37:16.560]  You use the mail merge feature.
[37:16.560 --> 37:21.520]  And a lot of my documents, if I send you a document, you open it and it says it has
[37:21.520 --> 37:23.000]  links in this document.
[37:23.000 --> 37:25.320]  Do you want to run these links?
[37:25.320 --> 37:26.480]  You have to tell it no.
[37:26.480 --> 37:30.920]  That's because I probably got one or two floating around in there, I haven't gotten
[37:30.920 --> 37:31.920]  out of.
[37:31.920 --> 37:34.200]  That's from me merging these documents.
[37:34.200 --> 37:45.840]  I had a 350 page lawsuit, not a 350 page lawsuit that had almost 400 links in it.
[37:45.840 --> 37:51.760]  You open that lawsuit and it goes to the spreadsheet, pulls all the information and spits out the
[37:51.760 --> 37:52.760]  document.
[37:52.760 --> 37:55.480]  That's how I could help people do so in our lawsuits.
[37:55.480 --> 38:01.520]  They fill out the information, I would open the file and it will load everything into
[38:01.520 --> 38:04.080]  it and send it to them.
[38:04.080 --> 38:11.240]  And that gave me the idea of how to do this lawyer project.
[38:11.240 --> 38:14.280]  That was the germ that created it.
[38:14.280 --> 38:23.680]  Now Microsoft Word sucks for this, but now I have a tool that I had my Russian guy develop
[38:23.680 --> 38:28.080]  for me that does that much better.
[38:28.080 --> 38:34.240]  I haven't had time to get back on and develop this for the foreclosure.
[38:34.240 --> 38:38.600]  I've just been too busy with other things.
[38:38.600 --> 38:42.640]  But I will get that to you, Tina, just send me an email and ask for it.
[38:42.640 --> 38:46.360]  I found the documentation that I had lost.
[38:46.360 --> 38:48.360]  I tripped over it.
[38:48.360 --> 38:52.680]  Can I have one more quick question about it?
[38:52.680 --> 39:01.120]  Can I find the other charges, how can we get them for having $30,000 in legal fees to
[39:01.120 --> 39:05.360]  the first lawsuit that only was going for six months?
[39:05.360 --> 39:12.920]  Some of them they say that were incurred on days that we were not even in litigation
[39:12.920 --> 39:13.920]  anymore.
[39:13.920 --> 39:18.200]  But they say these were incurred on this day, which means, you know, it doesn't say they
[39:18.200 --> 39:23.760]  were incurred on, you know, January, but we paid it in a lie.
[39:23.760 --> 39:26.520]  Okay, fraud is fraud.
[39:26.520 --> 39:27.520]  That's straightforward.
[39:27.520 --> 39:29.840]  But how do I get off that?
[39:29.840 --> 39:34.840]  You ask them to prove up the fees, and if they can't prove up the fees, then you barge
[39:34.840 --> 39:42.880]  with lawyers, and one good thing to do is file an amended complaint and name the lawyer.
[39:42.880 --> 39:48.440]  Because they said that they can charge this because they were collecting a debt, and it
[39:48.440 --> 39:52.040]  says in the note they can do that, but it says reasonable fees, and they were answering
[39:52.040 --> 39:54.880]  a lawsuit not collecting a debt.
[39:54.880 --> 39:55.880]  Exactly.
[39:55.880 --> 40:03.280]  When somebody does something wrong, if they lie, if they commit fraud, well, that's pretty
[40:03.280 --> 40:06.120]  straightforward.
[40:06.120 --> 40:08.920]  You can't, there's no magic here.
[40:08.920 --> 40:11.760]  You have to take the fight back to them.
[40:11.760 --> 40:18.640]  There's no, oh, Godly government official sitting there waiting to club these guys over
[40:18.640 --> 40:20.640]  the head for you.
[40:20.640 --> 40:21.640]  No.
[40:21.640 --> 40:22.640]  Go after them.
[40:22.640 --> 40:23.640]  For five years.
[40:23.640 --> 40:29.680]  But they keep saying they're allowed to charge these fees, but they never asked for permission.
[40:29.680 --> 40:33.880]  Okay, who cares what lawyers say?
[40:33.880 --> 40:34.880]  Yeah.
[40:34.880 --> 40:35.880]  Who cares?
[40:35.880 --> 40:36.880]  They are liars.
[40:36.880 --> 40:42.600]  They are liars, but in California... So challenge them.
[40:42.600 --> 40:48.120]  Don't expect lawyers to make your life easy.
[40:48.120 --> 40:53.800]  If they put in a false charge, then you put in a motion demanding they prove up to charge.
[40:53.800 --> 40:55.160]  Show me time sheets.
[40:55.160 --> 40:59.400]  You've got a program there where you keep track of your time.
[40:59.400 --> 41:00.400]  Show me those time sheets.
[41:00.400 --> 41:01.400]  Prove it up.
[41:01.400 --> 41:09.520]  I did ask that, I asked that and they said they didn't have to.
[41:09.520 --> 41:10.520]  They were...
[41:10.520 --> 41:14.960]  Okay, you're saying that they're criminals, and you're saying that the courts are bought
[41:14.960 --> 41:15.960]  and paid for.
[41:15.960 --> 41:16.960]  I got that.
[41:16.960 --> 41:22.960]  But that don't mean we say, oh, we can't do anything, you sound like you believe you
[41:22.960 --> 41:25.480]  can't go after them because they're criminals.
[41:25.480 --> 41:26.480]  No.
[41:26.480 --> 41:27.480]  You can't...
[41:27.480 --> 41:28.480]  You can't win in the end.
[41:28.480 --> 41:29.480]  I might wait.
[41:29.480 --> 41:32.480]  You can't, especially in California.
[41:32.480 --> 41:33.480]  Yes.
[41:33.480 --> 41:41.080]  I doubt that there's a single judge in California that's not wallowing in slush money.
[41:41.080 --> 41:46.480]  Why would you leave a lucrative law career and become a judge?
[41:46.480 --> 41:47.480]  Because it's more lucrative.
[41:47.480 --> 41:52.960]  You make a lot more money in bribes.
[41:52.960 --> 41:59.160]  They're just all bought and paid for, and they can do that because we don't go after
[41:59.160 --> 42:00.160]  them.
[42:00.160 --> 42:08.000]  This is the tool I'm trying to craft, and yes, no matter what you say, they're going
[42:08.000 --> 42:09.000]  to rebut it.
[42:09.000 --> 42:13.040]  It's what they do.
[42:13.040 --> 42:14.040]  Expect them to.
[42:14.040 --> 42:18.280]  Don't expect them to say, oh, my goodness, you caught me red-handed, I'm a dirty rotten
[42:18.280 --> 42:19.280]  scoundrel.
[42:19.280 --> 42:21.440]  I'm not going to do that.
[42:21.440 --> 42:26.120]  And the judge and the lawyers got their snouts in the same frost.
[42:26.120 --> 42:29.720]  This is why we have these tools.
[42:29.720 --> 42:32.280]  It's a big trough in California.
[42:32.280 --> 42:33.280]  Say that again.
[42:33.280 --> 42:34.280]  It's a big trough.
[42:34.280 --> 42:35.280]  Yes, it is.
[42:35.280 --> 42:36.280]  It's that way in every state.
[42:36.280 --> 42:46.280]  It just seems that California is just more blatant.
[42:46.280 --> 42:53.440]  I know California is a very blue state, and I don't really get into politics, but this
[42:53.440 --> 43:02.960]  is the kind of thing that a liberal society will accept more than a conservative society.
[43:02.960 --> 43:08.720]  The conservative tends to get peoed, and they squeeze their dollars a lot tighter and tend
[43:08.720 --> 43:11.560]  to come after them more.
[43:11.560 --> 43:19.080]  The more liberal society, the more they lean back and tend to accept what goes on.
[43:19.080 --> 43:25.640]  California could use a few really peoed Republicans who are ready to fight them and come after
[43:25.640 --> 43:26.640]  them.
[43:26.640 --> 43:29.480]  I'm trying to give the training so you can do that.
[43:29.480 --> 43:33.320]  If that lawyer thinks every step he makes, you're going to challenge it, you're going
[43:33.320 --> 43:40.080]  to bar-grieve him, you're just going to be absolutely miserable to him.
[43:40.080 --> 43:45.120]  Then he's going to try to get rid of you and get you happy and go after somebody else
[43:45.120 --> 43:47.440]  he can steal more from.
[43:47.440 --> 43:51.080]  Going on, about to go to work, I need to move on.
[43:51.080 --> 43:56.240]  I'll go off so you can go to the next person after Brent.
[43:56.240 --> 43:57.240]  Okay.
[43:57.240 --> 43:58.240]  Okay.
[43:58.240 --> 43:59.240]  Thank you, Tina.
[43:59.240 --> 44:00.240]  We'll be right back.
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[45:01.360 --> 45:04.560]  Are you the plaintiff or defendant in a lawsuit?
[45:04.560 --> 45:11.320]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course
[45:11.320 --> 45:15.200]  that will show you how, in 24 hours, you step by step.
[45:15.200 --> 45:19.120]  If you have a lawyer, know what your lawyer should be doing.
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[45:23.160 --> 45:28.160]  Thousands have won with our step-by-step course, and now you can too.
[45:28.160 --> 45:34.760]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:34.760 --> 45:39.400]  Even if you're not in a lawsuit, you can learn what everyone should understand about
[45:39.400 --> 45:43.760]  the principles and practices that control our American courts.
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[45:49.840 --> 45:52.560]  pro-save tactics, and much more.
[45:52.560 --> 45:56.560]  Please visit ruleoflawradio.com and click on the banner.
[45:56.560 --> 46:21.080]  Okay, we are back, and I jumped in a little early there, I was supposed to wait for the
[46:21.080 --> 46:28.720]  bumper music to drop down, but we're back, Randy Kelton, on this Friday, the 15th day
[46:28.720 --> 46:36.960]  of March, 2019, and we're going to Mark in Wisconsin, Mark, what have you been up to
[46:36.960 --> 46:37.960]  lately?
[46:37.960 --> 46:47.480]  Well, Mr. Kelton, I've been looking at Ritamandamus on the federal level, and when I look at the
[46:47.480 --> 46:58.520]  rules, that says the Ritamandamus is in the rules for a federal appellate in Title 21,
[46:58.520 --> 47:06.520]  and what I'm looking at doing that is asking the Consumer Financial Protection Bureau to
[47:06.520 --> 47:12.880]  actually do their job and investigate the credit card company that I'm having that fight
[47:12.880 --> 47:13.880]  with.
[47:13.880 --> 47:22.320]  So, first off, am I misreading that the Ritamandamus is only at the appellate, or is it the appellate?
[47:22.320 --> 47:23.320]  Yes, no, that's correct.
[47:23.320 --> 47:24.320]  Okay, so only appellate.
[47:24.320 --> 47:34.000]  Okay, so I have to send it through first, and then when there's a ruling I don't like,
[47:34.000 --> 47:37.080]  then try to get the appellate.
[47:37.080 --> 47:45.600]  Yes, you're asking one judge to order another judge to do something the law requires him
[47:45.600 --> 47:58.480]  to do, and only appellate courts can issue mandates to the lower courts.
[47:58.480 --> 48:06.680]  In Texas, if it's a JP or a municipal court, you can petition for mandamus to the county
[48:06.680 --> 48:07.680]  court.
[48:07.680 --> 48:08.680]  Okay.
[48:08.680 --> 48:18.360]  Well, what I was trying to do is to strong arm the Consumer Financial Protection Bureau,
[48:18.360 --> 48:23.440]  and then this doesn't sound like the way to do the strong arm of them.
[48:23.440 --> 48:31.800]  Well, yeah, that's exactly what you would use it for.
[48:31.800 --> 48:34.000]  Oh, okay.
[48:34.000 --> 48:42.640]  He got in and the Consumer Protection Bureau was really going after folks, so he got rid
[48:42.640 --> 48:49.000]  of the guy that was doing his job and put someone in there so that he wouldn't do his
[48:49.000 --> 48:50.000]  job.
[48:50.000 --> 48:58.320]  Now you go ask the courts to kick him in the tukas, and force him to do it.
[48:58.320 --> 49:00.880]  It would be nice and political.
[49:00.880 --> 49:01.880]  Okay.
[49:01.880 --> 49:09.880]  Okay, so that would be the proper paperwork to file, then, that would be a writ of mandamus.
[49:09.880 --> 49:10.880]  Yes.
[49:10.880 --> 49:11.880]  All right.
[49:11.880 --> 49:12.880]  All right.
[49:12.880 --> 49:19.120]  Well, again, you know I'm not learning counsel, so if I screwed it up slightly, I guess I'm
[49:19.120 --> 49:20.120]  okay.
[49:20.120 --> 49:21.120]  You're okay.
[49:21.120 --> 49:23.400]  And in the federal courts, they're more lenient.
[49:23.400 --> 49:25.680]  They're required to be by statute.
[49:25.680 --> 49:26.680]  Okay.
[49:26.680 --> 49:31.580]  The judge will tell you he will treat you just like a lawyer, but the law and the case
[49:31.580 --> 49:32.580]  law says he can't.
[49:32.580 --> 49:38.000]  Let's treat you like a pro se.
[49:38.000 --> 49:45.600]  And in fact, in the bankruptcy court with the events that were my first rounds of calls
[49:45.600 --> 49:51.760]  to you, that gentleman in the bankruptcy court, the judge explicitly said, we're going to
[49:51.760 --> 49:59.880]  have a creditor hearing in my courtroom, and I was told by one of the older trustees, he
[49:59.880 --> 50:01.960]  said, I've been a trustee for 30 years.
[50:01.960 --> 50:05.400]  I talked to some people who've been trustee for over 45.
[50:05.400 --> 50:07.800]  They've never heard a judge do this.
[50:07.800 --> 50:10.880]  Do you understand how special this is?
[50:10.880 --> 50:14.920]  And ultimately, the hearing never happened because the guy never showed.
[50:14.920 --> 50:20.200]  But they may very well be treating the pro se slightly different.
[50:20.200 --> 50:26.560]  Yeah, especially if they've got a knowledgeable pro se.
[50:26.560 --> 50:28.200]  I think they like that.
[50:28.200 --> 50:36.280]  I just talked to someone the other day, a woman in North Carolina who's in a suit over
[50:36.280 --> 50:39.520]  somebody put up the wrong kind of fence.
[50:39.520 --> 50:44.280]  And the judge commented on how well structured her documentation was.
[50:44.280 --> 50:47.800]  He was surprised that this is written by pro se.
[50:47.800 --> 50:52.000]  So they like to see it when a pro se brings them good work.
[50:52.000 --> 50:54.000]  All right.
[50:54.000 --> 51:00.080]  Well, I guess that goes ahead and answers my questions.
[51:00.080 --> 51:01.080]  Thank you much.
[51:01.080 --> 51:02.080]  Okay.
[51:02.080 --> 51:04.080]  Thank you, Mark.
[51:04.080 --> 51:05.080]  And don't be a stranger.
[51:05.080 --> 51:07.080]  You're not causing enough trouble.
[51:07.080 --> 51:09.080]  If you were, you'd be calling more.
[51:09.080 --> 51:10.080]  All right.
[51:10.080 --> 51:14.080]  I'll keep that in mind to call more often.
[51:14.080 --> 51:15.080]  Bye.
[51:15.080 --> 51:16.080]  Okay.
[51:16.080 --> 51:17.080]  Okay.
[51:17.080 --> 51:19.080]  Thank you, Mark.
[51:19.080 --> 51:20.080]  Okay.
[51:20.080 --> 51:25.080]  Now we're going to Jim in Washington, hello, Jim.
[51:25.080 --> 51:26.960]  What do you have for us today?
[51:26.960 --> 51:34.840]  Well, I was kind of curious, when you're recording someone and say you're in a private business
[51:34.840 --> 51:38.840]  that is open to the public, is it legal to record without their knowledge?
[51:38.840 --> 51:47.800]  You can, in every state that I know of except Pennsylvania is so long as you are privy to
[51:47.800 --> 51:53.760]  the conversation, if you're sitting in a restaurant and the people at the next table
[51:53.760 --> 52:00.000]  are talking loud enough that you can record them, they have no reasonable expectation
[52:00.000 --> 52:01.000]  of privacy.
[52:01.000 --> 52:02.000]  Okay.
[52:02.000 --> 52:09.040]  And if you go into a public building, you have no reasonable expectation of privacy.
[52:09.040 --> 52:10.040]  Okay.
[52:10.040 --> 52:13.520]  And in a private business that is open to the public, would it be considered a public
[52:13.520 --> 52:14.520]  building?
[52:14.520 --> 52:27.760]  No, but you can only record conversations that you're privy to, or that where someone
[52:27.760 --> 52:34.120]  else is talking loud enough that a reasonable person of ordinary prudence would consider
[52:34.120 --> 52:38.400]  that you could hear them, you can record them.
[52:38.400 --> 52:42.320]  Because I was in a conversation with the person, I was recording that conversation, so.
[52:42.320 --> 52:46.840]  Yes, you can definitely do that, unless you're in Pennsylvania.
[52:46.840 --> 52:52.720]  All right, that's what I was curious about, I just wanted to make sure I wasn't doing
[52:52.720 --> 52:55.000]  anything wrong before I used it.
[52:55.000 --> 53:01.960]  Right, and I seldom record someone without telling them unless I'm talking to a public
[53:01.960 --> 53:02.960]  official.
[53:02.960 --> 53:03.960]  Okay, got it.
[53:03.960 --> 53:10.160]  And then I tell them, and we have a special technique for that, if you're going to go
[53:10.160 --> 53:17.240]  sit down with a lawyer, or a prosecutor, or some investigator, you take a recorder and
[53:17.240 --> 53:21.760]  you put it right out there on the table in front of them.
[53:21.760 --> 53:26.840]  And especially IRS, they will always tell you to turn it off.
[53:26.840 --> 53:32.280]  If it's IRS and you say no, they get up and leave the room.
[53:32.280 --> 53:40.720]  But I suggest be very easy to get along with, say absolutely no problem and shut it off.
[53:40.720 --> 53:46.680]  But don't tell them about the one you got in your pocket, because when they get you
[53:46.680 --> 53:52.720]  to turn the one off, it never occurs to them that you got another one.
[53:52.720 --> 53:55.720]  And then they say really stupid stuff.
[53:55.720 --> 54:03.120]  We got a prosecuting attorney in Asheville, North Carolina to step down.
[54:03.120 --> 54:06.560]  Art Patton's out there, and he had another guy with him.
[54:06.560 --> 54:10.200]  And they were going to go talk to the prosecutor about going to the grand jury.
[54:10.200 --> 54:14.840]  And I told him, take at least two recorders with you, put one on the table.
[54:14.840 --> 54:17.360]  And he's going to ask you to turn it off.
[54:17.360 --> 54:20.200]  And that is exactly what happened.
[54:20.200 --> 54:27.200]  And an ADA told him, if you guys try to go to the grand jury again with any complaints,
[54:27.200 --> 54:30.440]  we will arrest you and prosecute you.
[54:30.440 --> 54:33.520]  He said, you see this man here?
[54:33.520 --> 54:36.760]  He's like God in this court.
[54:36.760 --> 54:43.240]  No one cometh to the grand jury except by him.
[54:43.240 --> 54:48.920]  We played that on the air two weeks later, the DA resigned.
[54:48.920 --> 54:52.080]  They get really stupid.
[54:52.080 --> 54:59.960]  I had a guy from New York play the recording of the police officers trying to erase the
[54:59.960 --> 55:04.520]  first recording.
[55:04.520 --> 55:05.800]  So definitely do that.
[55:05.800 --> 55:09.400]  I was in court in Texas in a JP court.
[55:09.400 --> 55:11.720]  And the JP knew me really well.
[55:11.720 --> 55:16.360]  I had a guy on my phone laying there on the table.
[55:16.360 --> 55:19.840]  And she said, Mr. Carlton, you can't have any.
[55:19.840 --> 55:20.840]  Your phone's here.
[55:20.840 --> 55:24.240]  I said, oh, but Judge, I wanted to record the proceedings.
[55:24.240 --> 55:27.640]  Mr. Madden, take that phone from Mr. Carlton.
[55:27.640 --> 55:34.920]  Faith comes over, jerks the phone out of my hand, turns it off, puts it on the counter.
[55:34.920 --> 55:38.320]  The judge starts to begin the hearing.
[55:38.320 --> 55:44.080]  She looked at me, sitting there grinning at her, and she stopped.
[55:44.080 --> 55:52.760]  Mr. Carlton, do you have anything else on you that is capable of recording these proceedings?
[55:52.760 --> 55:58.320]  Oh, Judge, I was hoping you wouldn't ask me that.
[55:58.320 --> 56:06.240]  So I had a name tag hanging from my suit coat, and I had a zip drive stuck to it with Velcro.
[56:06.240 --> 56:11.560]  I pulled that off, turned it over, and turned the little switch off, and I failed to come
[56:11.560 --> 56:14.680]  over to jerk you down to my head.
[56:14.680 --> 56:21.760]  He walks back over, the judge starts again, and she stops.
[56:21.760 --> 56:24.840]  Mr. Carlton, do you have any?
[56:24.840 --> 56:25.840]  Don't, Judge.
[56:25.840 --> 56:29.960]  I'll put one out of my pocket.
[56:29.960 --> 56:36.440]  Oh, that was so much fun.
[56:36.440 --> 56:41.680]  I would have taken her on, but I just didn't have time.
[56:41.680 --> 56:43.480]  I've got other fights.
[56:43.480 --> 56:50.120]  I'm here in Tennessee, and I went to look at the court system last Monday, and they were
[56:50.120 --> 56:54.760]  having their cattle call for the people that had been arrested over the weekend.
[56:54.760 --> 56:58.880]  And they wouldn't let me go in with a phone unless I was a lawyer.
[56:58.880 --> 57:03.000]  So I went and put the phone in my car, and I come back, and they locked the door in the
[57:03.000 --> 57:04.000]  courtroom.
[57:04.000 --> 57:07.480]  I didn't want to go in.
[57:07.480 --> 57:14.680]  I didn't want to have that fight at the moment, but I'm going to go back Monday, and when
[57:14.680 --> 57:22.360]  the bailiff tells me I can't go in, I'm going to call 9-1-1 and ask him to arrest the bailiff.
[57:22.360 --> 57:25.320]  Just for yucks.
[57:25.320 --> 57:29.440]  Just to test out the legal system here in Tennessee.
[57:29.440 --> 57:32.960]  Sounds like that's it.
[57:32.960 --> 57:35.760]  I'm not going to file against the judge.
[57:35.760 --> 57:42.280]  I'm going to file against the bailiff.
[57:42.280 --> 57:45.800]  The judge didn't block me from the courtroom.
[57:45.800 --> 57:47.440]  The bailiff did.
[57:47.440 --> 57:52.680]  And he did so while prominently displaying a deadly weapon.
[57:52.680 --> 57:58.800]  This particular bailiff was young, very smart, and he said, I know.
[57:58.800 --> 58:02.280]  I said, you know, I have a right to do that.
[58:02.280 --> 58:03.280]  It's legal.
[58:03.280 --> 58:07.680]  He said, I know that, but these are my orders.
[58:07.680 --> 58:08.680]  That's perfect.
[58:08.680 --> 58:12.920]  Because he was very professional and nice guy.
[58:12.920 --> 58:17.000]  I'm going to sting him good.
[58:17.000 --> 58:22.720]  Because he did what the judge told him instead of what the law told him.
[58:22.720 --> 58:24.040]  It was his call.
[58:24.040 --> 58:29.320]  I'll ask him if the judge told you to go out and dive head first off this building, would
[58:29.320 --> 58:31.000]  you do that?
[58:31.000 --> 58:34.040]  Well, you made your choice.
[58:34.040 --> 58:35.440]  Hang on about to go to break.
[58:35.440 --> 58:50.360]  Randy Kelton, or Wheel of Law Radio, are calling number 512-646-1984, and we'll be right back.
[58:50.360 --> 58:54.480]  Would you like to make more definite progress in your walk with God?
[58:54.480 --> 58:59.680]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.680 --> 59:01.040]  can really help.
[59:01.040 --> 59:05.360]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.360 --> 59:06.360]  today.
[59:06.360 --> 59:10.400]  It's an accurate translation, and it contains thousands of footnotes that will help you
[59:10.400 --> 59:13.520]  to know God and to know the meaning of life.
[59:13.520 --> 59:18.760]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.760 --> 59:23.040]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.040 --> 59:27.960]  of salvation, growing in Christ, and how to build up the church.
[59:27.960 --> 59:32.960]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:32.960 --> 59:45.760]  Life, call Bibles for America toll-free at 888-551-0102, that's 888-551-0102, or visit
[59:45.760 --> 59:51.000]  us online at bfa.org.
[59:51.000 --> 01:00:05.840]  The following newsflash is brought to you by the Lowstar Lowdown, providing the daily
[01:00:05.840 --> 01:00:13.560]  bulletins for the commodity market, today's history, news updates, and the inside scoop
[01:00:13.560 --> 01:00:21.360]  into the tides of the alternative.
[01:00:21.360 --> 01:00:27.520]  Markets for Wednesday, the 6th of February, 2019, opened with gold at $1,313.70 in ounce,
[01:00:27.520 --> 01:00:35.520]  silver $15.77 in ounce, copper $2.83 in ounce, oil, Texas crude $3.66 in barrel, Brent crude
[01:00:35.520 --> 01:00:43.280]  $61.98 in barrel, and cryptos in order of market capitalization, Bitcoin $3,401.64.
[01:00:43.280 --> 01:00:51.280]  Capital XRP, $0.29, Ethereum $103.10, and EOS is at $2.32 of crypto coin.
[01:00:51.280 --> 01:00:59.680]  Tign History, the year 1918, British women over the age of 30 who meet minimum property
[01:00:59.680 --> 01:01:04.600]  qualifications get the right to vote when the Representation of the People Act of 1918
[01:01:04.600 --> 01:01:09.600]  was passed by Parliament, today in history.
[01:01:09.600 --> 01:01:14.240]  In recent news, several Texas-based organizations filed a lawsuit today, requesting that a federal
[01:01:14.240 --> 01:01:19.000]  court stop the state from flagging about 95,000 people as potentially illegally registered
[01:01:19.000 --> 01:01:20.000]  to vote.
[01:01:20.000 --> 01:01:24.640]  The list was compiled after an 11-month-long investigation by the Office of the Texas Secretary
[01:01:24.640 --> 01:01:29.560]  of State and the Texas Department of Public Safety, which sought to identify non-U.S.
[01:01:29.560 --> 01:01:33.400]  citizens who were registered to vote when obtaining major average license.
[01:01:33.400 --> 01:01:37.120]  Over half of the 95,000 did indeed vote, it seems.
[01:01:37.120 --> 01:01:41.160]  However, further controversy was raised when it became clear that some of the names were
[01:01:41.160 --> 01:01:45.360]  not in fact belonging to those who were non-citizens and registered.
[01:01:45.360 --> 01:01:50.920]  Apparently around 25% of all Latino immigrants become naturalized, gaining the right to vote.
[01:01:50.920 --> 01:01:55.280]  Registered voters who receive letters querying their citizenship have 30 days to respond
[01:01:55.280 --> 01:01:57.120]  with proof of eligibility.
[01:01:57.120 --> 01:02:01.280]  Texas Attorney General Ken Paxton and David Whitley, the Texas Secretary of State, have
[01:02:01.280 --> 01:02:09.040]  yet to officially comment regarding this list and any updates pertaining to it.
[01:02:09.040 --> 01:02:14.440]  A Texas man of only 24 years old, William Brown, died from a severed artery in his neck after
[01:02:14.440 --> 01:02:16.920]  a vape pen exploded while he was using it.
[01:02:16.920 --> 01:02:20.720]  It apparently happened in the parking lot of the vape shop where he got it.
[01:02:20.720 --> 01:02:24.320]  An X-ray revealed that a piece of metal was embedded in his brainstem.
[01:02:24.320 --> 01:02:30.520]  The vape store's smoke and vape DZ has refused to comment.
[01:02:30.520 --> 01:02:35.280]  Constitution anchorwoman Kristin Diaz interviewed Aislin Campbell, the executive director of
[01:02:35.280 --> 01:02:40.240]  Grow Local, South Texas, concerning the Upcoming Texas Organic Farmers and Gardeners Association
[01:02:40.240 --> 01:02:44.760]  Conference, which will be taking place at the Corpus Christi Omni Hotel from February
[01:02:44.760 --> 01:02:47.520]  14th to 16th, 6 to 9 p.m.
[01:02:47.520 --> 01:02:50.520]  You can find the interview at kiiitv.com.
[01:02:50.520 --> 01:03:05.520]  This is Rick Rodeo with your lowdown for February 6th, 2019.
[01:03:05.520 --> 01:03:33.520]  Okay, we are back, Randy Kelton, Rood of Law Radio, and oh, lost the caller.
[01:03:33.520 --> 01:03:40.520]  Okay, looks like we're going to Danny in Tennessee.
[01:03:40.520 --> 01:03:42.520]  Hello, Danny.
[01:03:42.520 --> 01:03:45.520]  Hey, how are you doing tonight?
[01:03:45.520 --> 01:03:46.520]  Doing good.
[01:03:46.520 --> 01:03:48.520]  What do you have for us today?
[01:03:48.520 --> 01:03:53.520]  Well, I've been talking to you about some of these things.
[01:03:53.520 --> 01:03:55.520]  I just keep on finding things.
[01:03:55.520 --> 01:04:02.520]  You know, I sent you an email a while back, and I'm doing some motions like to suppress
[01:04:02.520 --> 01:04:09.720]  evidence and problems in the indictment and a few more things, but just, you know, the
[01:04:09.720 --> 01:04:20.040]  form of it, you know, like your last night, I think it was, you were talking about O'Connor's
[01:04:20.040 --> 01:04:21.040]  and how good it was.
[01:04:21.040 --> 01:04:22.520]  Yeah, it is really, really good.
[01:04:22.520 --> 01:04:30.920]  I know a few years got down here and trying to do some civil stuff and trying to find
[01:04:30.920 --> 01:04:35.840]  something like O'Connor's, and they got a few books, but not very good why I finally
[01:04:35.840 --> 01:04:41.480]  end up getting, when I got in and looking inside, what they were using like the forms
[01:04:41.480 --> 01:04:47.520]  was copies of pleadings they'd taken out of some of the courts in Davidson County where
[01:04:47.520 --> 01:04:49.520]  Nashville is.
[01:04:49.520 --> 01:04:56.520]  So, I think those are too great, but, you know, and this is the primal stuff.
[01:04:56.520 --> 01:05:03.520]  Well, the good thing about the forms in a litigation guide is not that they're great
[01:05:03.520 --> 01:05:07.520]  or not, it's that everybody uses them.
[01:05:07.520 --> 01:05:14.840]  So when the judge gets the motion or pleading, it looks the way he expects it to look.
[01:05:14.840 --> 01:05:20.480]  It has the case law expected to have, and he doesn't have to even pay attention to that
[01:05:20.480 --> 01:05:21.480]  part.
[01:05:21.480 --> 01:05:30.400]  He only pays attention to the meat of the document, to what's different.
[01:05:30.400 --> 01:05:40.560]  You give a judge a motion with 10 cases he's never seen before, and you expect him to read
[01:05:40.560 --> 01:05:44.960]  and analyze those cases, not going to happen.
[01:05:44.960 --> 01:05:48.280]  He's busy, don't have time, denied.
[01:05:48.280 --> 01:05:56.000]  Now, that might not be right, but that's how it works in the world I live in, and that's
[01:05:56.000 --> 01:06:04.160]  why I suggest litigation guides, and you don't want the judge to realize that you're not
[01:06:04.160 --> 01:06:10.520]  an attorney until he reads the signature at the end of the document.
[01:06:10.520 --> 01:06:19.880]  And Danny, I think you've heard me complain about some of these pros and tactics, a singer,
[01:06:19.880 --> 01:06:24.840]  sovereign man on the land, all this stuff.
[01:06:24.840 --> 01:06:31.680]  It's like they're throwing up this red flag and saying, judge, if you have any prejudice
[01:06:31.680 --> 01:06:37.360]  against pros and tactics, even if it's hidden and suppressed, we're going to drag it out
[01:06:37.360 --> 01:06:42.880]  of you and get you to use it on it against us in court.
[01:06:42.880 --> 01:06:46.440]  I don't get that.
[01:06:46.440 --> 01:06:53.440]  I suggest people make their documents look the way the judge expects them to, because
[01:06:53.440 --> 01:07:02.480]  he's not there to comment on your political position.
[01:07:02.480 --> 01:07:09.720]  He's not there to take the facts and law that you give him, the facts and law the opposing
[01:07:09.720 --> 01:07:16.560]  counsel gives him, and find a solution that fits the facts and the law.
[01:07:16.560 --> 01:07:25.520]  That's all he gets, that's all he needs, anything else is extra, and most of it is problematic.
[01:07:25.520 --> 01:07:35.440]  So I told about Ken Magnus and I wrote a petition for temporary restraining order for him, and
[01:07:35.440 --> 01:07:43.280]  the lawyer gave him the TRO, the judge gave him the TRO, and when the lawyer came out,
[01:07:43.280 --> 01:07:49.280]  he asked Ken if he was a lawyer, and he said, well, no, but my brother is, did you write
[01:07:49.280 --> 01:07:50.280]  this?
[01:07:50.280 --> 01:07:56.880]  Well, yeah, but I had some help, and the lawyer said that is really good.
[01:07:56.880 --> 01:08:06.320]  Well, what the lawyer didn't realize is that the lawyer saw this, and this looked exactly
[01:08:06.320 --> 01:08:11.640]  like the ones they produced, and he's thinking, how did this guy do this?
[01:08:11.640 --> 01:08:18.320]  He didn't realize his law firm was using McConnell's forms, and that's why he recognized what
[01:08:18.320 --> 01:08:23.120]  it looked like, that's why the judge recognized what it looked like, and that's why the judge
[01:08:23.120 --> 01:08:27.160]  thought a lawyer wrote it, or treated it like a lawyer wrote it, because it looked exactly
[01:08:27.160 --> 01:08:29.320]  like what a lawyer would write.
[01:08:29.320 --> 01:08:37.800]  Now, I know some pros and purists are going to say, oh, well, that's not right, you shouldn't
[01:08:37.800 --> 01:08:45.360]  have to play it at the sensibilities of the judge, and I agree you're right.
[01:08:45.360 --> 01:08:48.880]  But pick a fight.
[01:08:48.880 --> 01:08:55.120]  When you're dealing with a corrupt system, you've got more fights than you can get to.
[01:08:55.120 --> 01:08:59.760]  Why beat yourself up by fighting the fight you don't have to have?
[01:08:59.760 --> 01:09:09.400]  If you want to fight the fight about the judge being biased against proceeds, then go pick
[01:09:09.400 --> 01:09:12.600]  a fight so he can do that, so that's what your issue is.
[01:09:12.600 --> 01:09:19.720]  But if you've got another issue, why on earth would you contaminate your issue?
[01:09:19.720 --> 01:09:25.680]  Just let the judge know that you thought you were really smart and you're a pro se, and
[01:09:25.680 --> 01:09:28.160]  you can do whatever you want to.
[01:09:28.160 --> 01:09:32.200]  I don't get it.
[01:09:32.200 --> 01:09:38.920]  So I suggest use the litigation guides.
[01:09:38.920 --> 01:09:45.920]  If you're writing pleadings, then you haven't done enough homework.
[01:09:45.920 --> 01:09:55.360]  The only way to write pleadings is you put in intros and outros and change the tense
[01:09:55.360 --> 01:09:59.120]  of rulings in cases.
[01:09:59.120 --> 01:10:08.240]  Use the language of the judge out of a ruling in a case and stitch them, the rulings together.
[01:10:08.240 --> 01:10:13.320]  The judge will see it and recognize it exactly what you're doing, but that'll give you more
[01:10:13.320 --> 01:10:18.240]  confidence in what you're arguing.
[01:10:18.240 --> 01:10:25.360]  We're doing all the hard work, all the heavy lifting, but it's not necessary.
[01:10:25.360 --> 01:10:32.680]  And the tool that I'm building goes to that purpose.
[01:10:32.680 --> 01:10:42.080]  We're working up a methodology where we can find all of the documents on a given point
[01:10:42.080 --> 01:10:43.080]  or issue.
[01:10:43.080 --> 01:10:47.640]  Right now, it's almost impossible.
[01:10:47.640 --> 01:10:52.240]  So we're working up a tool so you'll have all of the law and the pleadings on a given
[01:10:52.240 --> 01:11:01.160]  issue, and pick the one that fits your situation best, and you want to only use winning pleadings
[01:11:01.160 --> 01:11:06.960]  and increase the likelihood you will get the outcome you want.
[01:11:06.960 --> 01:11:09.840]  Does that make sense, Danny?
[01:11:09.840 --> 01:11:16.440]  Well, you know, I've been looking for that, but like I said, they don't seem to have that
[01:11:16.440 --> 01:11:21.960]  so good for Tennessee like the little Connors.
[01:11:21.960 --> 01:11:28.520]  Have you talked to any lawyers to see what litigation guides they tend to use?
[01:11:28.520 --> 01:11:35.800]  The rule, I want to use rule 12, and they make it basically the same thing as the federal
[01:11:35.800 --> 01:11:36.800]  rule 12.
[01:11:36.800 --> 01:11:40.880]  Now, I was wondering about going to the federal court to talk to the clerk, see if they got
[01:11:40.880 --> 01:11:49.160]  someone who were a defense attorney that put in a criminal rule 12 motion, especially a
[01:11:49.160 --> 01:11:53.880]  successful one, like to suppress or other things.
[01:11:53.880 --> 01:11:55.400]  Wait a minute.
[01:11:55.400 --> 01:11:56.400]  Rule 12.
[01:11:56.400 --> 01:12:00.440]  Well, be six is the standard ruling to dismiss fair state claim.
[01:12:00.440 --> 01:12:05.200]  As I said, what are you referring to?
[01:12:05.200 --> 01:12:06.200]  Criminal.
[01:12:06.200 --> 01:12:07.200]  Okay.
[01:12:07.200 --> 01:12:09.640]  What does rule 12 criminals say?
[01:12:09.640 --> 01:12:10.640]  Hmm.
[01:12:10.640 --> 01:12:15.200]  See, do I still have it here?
[01:12:15.200 --> 01:12:16.200]  Okay.
[01:12:16.200 --> 01:12:23.360]  Well, this is the Tennessee, not the federal, so the motions, the pretrial motions, and
[01:12:23.360 --> 01:12:29.360]  the motions that must be made before trial, a motion alleging a defect in the institution
[01:12:29.360 --> 01:12:37.600]  of the prosecution, a motion alleging a defect in the indictment, presentment, or information,
[01:12:37.600 --> 01:12:42.480]  but at any time while the case is pending, the court may hear a claim that the indictment
[01:12:42.480 --> 01:12:48.760]  presumed or information fails to show jurisdiction in the court or to charge an offense.
[01:12:48.760 --> 01:12:59.120]  C, motions to suppress evidence, D, a rule 16 request for discovery, and E, a rule 14
[01:12:59.120 --> 01:13:03.120]  motion to sever or consolidate charges or defendants.
[01:13:03.120 --> 01:13:12.360]  And that's basically what the federal rule 12, the criminal rule 12 is.
[01:13:12.360 --> 01:13:13.360]  That sounds familiar.
[01:13:13.360 --> 01:13:15.760]  I think Texas is similar, too.
[01:13:15.760 --> 01:13:21.280]  While you were saying that, I was trying to remember, I've been through rule 12 with
[01:13:21.280 --> 01:13:26.840]  Ken a couple of times, and he chewed me out about not knowing it better, but it goes
[01:13:26.840 --> 01:13:27.840]  to the same thing.
[01:13:27.840 --> 01:13:38.040]  So what has happened is several years ago, the feds, I think with Truman, when he was
[01:13:38.040 --> 01:13:46.840]  president back in the late 40s, put together a model penal code and code of criminal procedure
[01:13:46.840 --> 01:13:55.360]  code and encouraged all of the states to adopt it so that a person could move around the
[01:13:55.360 --> 01:14:02.520]  country and be confident that they understood the law wherever they're at in the United
[01:14:02.520 --> 01:14:04.400]  States.
[01:14:04.400 --> 01:14:08.520]  And all of the states adopted it except three.
[01:14:08.520 --> 01:14:14.120]  And those three didn't adopt it because theirs were already so similar that it didn't make
[01:14:14.120 --> 01:14:16.920]  much difference.
[01:14:16.920 --> 01:14:21.840]  So a lot of the times, the cases will be the same.
[01:14:21.840 --> 01:14:30.200]  In Texas, the Open Government Act is government code 552.
[01:14:30.200 --> 01:14:37.600]  In the Fed, it's also 552, I think it's 20 years code 552.
[01:14:37.600 --> 01:14:40.800]  That didn't happen by accident.
[01:14:40.800 --> 01:14:46.680]  They tried to make them consistent, so it's a lot easier to keep track of everything.
[01:14:46.680 --> 01:14:52.680]  So, okay, point about rule 12 you wanted to make.
[01:14:52.680 --> 01:14:58.920]  Oh, just the form of it, and any case law that they cite.
[01:14:58.920 --> 01:15:06.800]  Okay, this is what we're doing, and no, I probably shouldn't say this on the air.
[01:15:06.800 --> 01:15:11.280]  Okay, and tell part of it.
[01:15:11.280 --> 01:15:20.440]  When you do case law research on Westlaw or Lexus, what do you search for?
[01:15:20.440 --> 01:15:28.760]  Okay, that's kind of a bushwhack question because it's kind of open-ended.
[01:15:28.760 --> 01:15:38.600]  The primary way of doing legal research that all of these search engines use come from
[01:15:38.600 --> 01:15:45.960]  the legal encyclopedias that preceded the search engines.
[01:15:45.960 --> 01:15:51.360]  Since we've had lawyers, we've had legal encyclopedias.
[01:15:51.360 --> 01:15:58.960]  Back in 1215 when they passed the Magna Carta, you had a scribe that would take down in shorthand
[01:15:58.960 --> 01:16:02.880]  what went on in the court.
[01:16:02.880 --> 01:16:09.640]  For the different issues that were brought up, they established a set of keywords, and
[01:16:09.640 --> 01:16:15.080]  then they would take those keywords and put them all in encyclopedia, and then they would
[01:16:15.080 --> 01:16:19.920]  organize the cases, the controlling cases that went to those keywords.
[01:16:19.920 --> 01:16:26.520]  You'd only have 25 or 30 in the encyclopedia, and there may be three or four different encyclopedias,
[01:16:26.520 --> 01:16:34.320]  but you had a relatively fixed number of cases that you could find for any keyword, or you
[01:16:34.320 --> 01:16:38.000]  could readily find.
[01:16:38.000 --> 01:16:42.680]  If you studied all the cases as they came out, you may find some new ones that aren't
[01:16:42.680 --> 01:16:48.760]  in the encyclopedia, but for the most part, a lawyer could depend on this set number of
[01:16:48.760 --> 01:16:53.840]  cases, and at the time, you've had lawyers in general practice.
[01:16:53.840 --> 01:16:57.760]  They could practice in pretty much any area because they could find all the law in an
[01:16:57.760 --> 01:16:58.760]  area.
[01:16:58.760 --> 01:17:04.000]  And then once, are you being harassed by debt collectors with phone calls, letters, or
[01:17:04.000 --> 01:17:05.000]  even lawsuits?
[01:17:05.000 --> 01:17:09.160]  Stop debt collectors now with the Michael Mirris proven method.
[01:17:09.160 --> 01:17:13.520]  Michael Mirris has won six cases in federal court against debt collectors, and now you
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[01:17:14.520 --> 01:17:19.400]  You'll get step-by-step instructions in plain English on how to win in court using federal
[01:17:19.400 --> 01:17:25.160]  civil rights statute, what to do when contacted by phone, mail, or court summons, how to answer
[01:17:25.160 --> 01:17:29.800]  letters and phone calls, how to get debt collectors out of your credit report, how to turn the
[01:17:29.800 --> 01:17:34.000]  financial tables on them and make them pay you to go away.
[01:17:34.000 --> 01:17:39.120]  The Michael Mirris proven method is the solution for how to stop debt collectors.
[01:17:39.120 --> 01:17:41.240]  Personal consultation is available as well.
[01:17:41.240 --> 01:17:46.760]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mirris banner
[01:17:46.760 --> 01:17:49.760]  or email michaelmirris at yahoo.com.
[01:17:49.760 --> 01:17:57.440]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[01:17:57.440 --> 01:18:00.400]  To learn how to stop debt collectors now.
[01:18:00.400 --> 01:18:01.400]  I love logos.
[01:18:01.400 --> 01:18:04.960]  Without the shows on this network, I'd be almost as ignorant as my friends.
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[01:18:08.800 --> 01:18:13.480]  I'd be lost without logos and I really want to help keep this network on the air.
[01:18:13.480 --> 01:18:17.240]  I'd love to volunteer as a show producer but I'm a bit of a Luddite and I really don't
[01:18:17.240 --> 01:18:20.600]  have any money to give because I spent it all on supplement.
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[01:18:28.440 --> 01:18:29.440]  or holiday gifts.
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[01:18:35.080 --> 01:18:38.000]  Click on the Amazon logo and book market.
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[01:18:58.680 --> 01:19:00.680]  Happy holidays, logos.
[01:19:00.680 --> 01:19:20.760]  Okay, we are back.
[01:19:20.760 --> 01:19:27.120]  Randy Kelton with Rario and we're talking to Danny in Tennessee who let me run off
[01:19:27.120 --> 01:19:28.960]  the cliff again.
[01:19:28.960 --> 01:19:31.640]  All right, back to the Magna Carta.
[01:19:31.640 --> 01:19:36.960]  Magna Carta set up a way of doing all and that's been in place for 800 years now.
[01:19:36.960 --> 01:19:46.240]  The mid-70s, Westlaw came along and said, well, you don't have to depend on this encyclopedia
[01:19:46.240 --> 01:19:50.200]  with its small number of cases.
[01:19:50.200 --> 01:19:56.240]  You can use our whiz bang new tool and you can insert the entire database.
[01:19:56.240 --> 01:20:04.280]  So instead of having 25 or 30 cases to rely on, now you've got 10,000.
[01:20:04.280 --> 01:20:09.040]  So you run a keyword search on the entire database and it will give you more cases than
[01:20:09.040 --> 01:20:11.360]  you could ever read.
[01:20:11.360 --> 01:20:19.320]  And because of that, because lawyers could no longer rely on a given set of case law,
[01:20:19.320 --> 01:20:23.560]  they had to stop doing general practice.
[01:20:23.560 --> 01:20:27.960]  That's the thing that happened to a lawyer is he missed something.
[01:20:27.960 --> 01:20:30.960]  And now there's no way to know if they've got all the case law.
[01:20:30.960 --> 01:20:37.000]  I was talking to the second in command of North Carolina Bar and asked her, you know,
[01:20:37.000 --> 01:20:43.520]  when you start doing case law research on a given issue, approximately how many cases
[01:20:43.520 --> 01:20:48.720]  do you have to go through to find that first case on point?
[01:20:48.720 --> 01:20:52.080]  And she said whatever the other lawyer has, 50 to 100.
[01:20:52.080 --> 01:20:58.040]  Now, they don't have to read the whole case, but they have to go through the list of issues
[01:20:58.040 --> 01:21:02.120]  to find which ones suit their particular case.
[01:21:02.120 --> 01:21:06.960]  I asked her, have you ever filed emotional pleading?
[01:21:06.960 --> 01:21:12.160]  No matter how much research you had done on it, that you were confident the other side
[01:21:12.160 --> 01:21:17.360]  didn't find some case law you had missed is going to come into court and wipe the floor
[01:21:17.360 --> 01:21:18.360]  with you.
[01:21:18.360 --> 01:21:24.920]  She said what every other lawyer did, never.
[01:21:24.920 --> 01:21:30.280]  Westlaw and Lexus ruined the practice of law.
[01:21:30.280 --> 01:21:35.560]  It became absolutely arbitrary and capricious.
[01:21:35.560 --> 01:21:40.160]  So the way they do legal research is they do a keyword search.
[01:21:40.160 --> 01:21:43.040]  They've been doing that for 800 years.
[01:21:43.040 --> 01:21:49.520]  If you took this problem to a room full of 10-year-olds and said, guys, I got all these
[01:21:49.520 --> 01:22:00.440]  laws here and I got all of these cases that are based on these laws, how would I sort
[01:22:00.440 --> 01:22:05.920]  these out so that I could find all the cases it goes to give an issue?
[01:22:05.920 --> 01:22:11.040]  It would probably take them five minutes to say, well, you take all of the cases that
[01:22:11.040 --> 01:22:18.400]  go to a particular law and you put that in one place.
[01:22:18.400 --> 01:22:21.240]  You sort them all by the laws they refer to.
[01:22:21.240 --> 01:22:24.640]  It's called case law.
[01:22:24.640 --> 01:22:26.480]  All cases go to some law.
[01:22:26.480 --> 01:22:34.160]  So why has nobody sorted all of the cases by the laws that they reference?
[01:22:34.160 --> 01:22:36.160]  Duh!
[01:22:36.160 --> 01:22:44.920]  That ain't exactly rocket science, but lawyers have been doing legal research the way lawyers
[01:22:44.920 --> 01:22:51.120]  have been doing legal research and it's just never occurred to them.
[01:22:51.120 --> 01:22:57.880]  10-year-olds would figure it out real fast because they didn't have any unstated presuppositions
[01:22:57.880 --> 01:23:00.320]  they were working from.
[01:23:00.320 --> 01:23:03.880]  So in our tools, that's the first thing we'll do.
[01:23:03.880 --> 01:23:14.160]  We have this map and this map has in it all of the legal issues we can find, which in
[01:23:14.160 --> 01:23:20.080]  the form of an interactive questionnaire, you ask a question, you get a yes-no answer
[01:23:20.080 --> 01:23:26.200]  or maybe a select list answer and whichever answer you get, that tells the system what
[01:23:26.200 --> 01:23:29.200]  question to ask next.
[01:23:29.200 --> 01:23:35.440]  Very straightforward, but it grows out into this, it starts like the trunk of a tree,
[01:23:35.440 --> 01:23:38.040]  your issue, civil criminal.
[01:23:38.040 --> 01:23:45.440]  And you got all these roots running out, well you just cut that root section in half.
[01:23:45.440 --> 01:23:53.240]  And then if you say civil, there are about 21 primary areas of legal specialization.
[01:23:53.240 --> 01:24:00.160]  If you ask for that, you've just cut the whole root base you need to look at by a factor
[01:24:00.160 --> 01:24:06.840]  of 21, because it's really shrunken down, and you ask another question, it's 20 questions
[01:24:06.840 --> 01:24:13.040]  on steroids, nothing complex or hard to wrap your head around.
[01:24:13.040 --> 01:24:22.160]  We could have done this 40 years ago, we had the technology, nobody ever thought of it.
[01:24:22.160 --> 01:24:30.400]  And we have some other tools that I won't talk about on the air that will help us completely
[01:24:30.400 --> 01:24:39.640]  break down the case law, get all the case laws sorted point by point.
[01:24:39.640 --> 01:24:46.560]  Instead of going to a search engine and looking for the first case on point, you go to our
[01:24:46.560 --> 01:24:52.880]  research repository that is a reflection of our maps.
[01:24:52.880 --> 01:25:00.040]  In our maps, we have all the points, so you just follow the map to the point, and right
[01:25:00.040 --> 01:25:05.240]  there we've got a folder with all the case law that goes to that point.
[01:25:05.240 --> 01:25:10.960]  It's not rocket science, if it was given to an engineer, an engineer knew nothing about
[01:25:10.960 --> 01:25:16.440]  law, they would do this in about 10 minutes.
[01:25:16.440 --> 01:25:22.160]  It wouldn't have taken many times to figure that part out, but the law profession's been
[01:25:22.160 --> 01:25:30.760]  doing it the same way, essentially since the mid-70s, and it's ruined their profession,
[01:25:30.760 --> 01:25:32.880]  and nobody figured it out.
[01:25:32.880 --> 01:25:38.240]  The worst thing that happened to a lawyer is he missed something, he's terrified of
[01:25:38.240 --> 01:25:39.240]  missing something.
[01:25:39.240 --> 01:25:44.760]  I have a book called The Soul of Law, the guy's a psychiatrist, he used to be a lawyer, he
[01:25:44.760 --> 01:25:52.680]  only treats lawyers, he said because they're all crazy and they never get better, but he
[01:25:52.680 --> 01:25:57.280]  talks about the imposter syndrome.
[01:25:57.280 --> 01:26:02.920]  Lawyer goes to law school and he learns all this stuff about law, and he gets out of law
[01:26:02.920 --> 01:26:07.440]  school and he knows he don't know squat.
[01:26:07.440 --> 01:26:15.160]  But once he gets that bar card, he becomes Lerted Counsel.
[01:26:15.160 --> 01:26:20.200]  Now you and I, we're just a couple of old lignor prosaise, we can screw up all we want
[01:26:20.200 --> 01:26:25.400]  to, the judge would get annoyed at us, but we're prosaise, what do they expect?
[01:26:25.400 --> 01:26:33.760]  When you walk in with that bar card, you are Lerted Counsel, you don't get to miss anything.
[01:26:33.760 --> 01:26:37.400]  The worst thing that can happen to you is miss something.
[01:26:37.400 --> 01:26:41.280]  Even if you win your case, if you don't win as much as your client thinks you would have,
[01:26:41.280 --> 01:26:45.520]  had you not missed this issue, he can sue you for that.
[01:26:45.520 --> 01:26:52.640]  I had a lawyer, a talk to, he did foreclosure stuff, I went to talk to him one day and he
[01:26:52.640 --> 01:26:55.720]  was distraught and I said, John, what's the matter?
[01:26:55.720 --> 01:27:04.960]  Oh man, I missed a minor issue on this pleading and he didn't know if the judge or his client
[01:27:04.960 --> 01:27:07.480]  was going to ruin his practice.
[01:27:07.480 --> 01:27:10.560]  He was distraught.
[01:27:10.560 --> 01:27:20.080]  That's their biggest fear, missing something, and they have this methodology, they're using
[01:27:20.080 --> 01:27:23.320]  this, guarantees them they will miss stuff.
[01:27:23.320 --> 01:27:29.160]  So we're building this tool that will sort that out.
[01:27:29.160 --> 01:27:38.080]  Danny, do you remember the movie Judge Dredd, Sylvester Stallone?
[01:27:38.080 --> 01:27:39.080]  Yes.
[01:27:39.080 --> 01:27:40.080]  Yeah.
[01:27:40.080 --> 01:27:47.200]  He was a judge, but in this futuristic movie, they went around chasing criminals and he's
[01:27:47.200 --> 01:27:51.440]  chasing this bad guy and he comes across somebody that does something really stupid and he grabs
[01:27:51.440 --> 01:27:56.160]  him by the collar and he drags him over to this chaos kitchen, put a credit in there
[01:27:56.160 --> 01:28:00.920]  and he puts a credit in and this electronic judge pops up, asks him a few questions, you're
[01:28:00.920 --> 01:28:06.680]  guilty, pay this fine, and Judge Dredd told him, pay the fine, he pays the fine, and I'll
[01:28:06.680 --> 01:28:08.400]  get out of here.
[01:28:08.400 --> 01:28:12.040]  We can build that tool.
[01:28:12.040 --> 01:28:21.360]  We can build a tool that makes law absolutely consistent.
[01:28:21.360 --> 01:28:26.680]  Right now, it's absolutely arbitrary.
[01:28:26.680 --> 01:28:34.200]  We can fix that, that's what this is about and because of the nature of the questionnaire,
[01:28:34.200 --> 01:28:43.840]  a non-lawyer can go to his tool and find everything that goes to his issue and know all the motions
[01:28:43.840 --> 01:28:47.840]  and pleadings and download those motion pleadings before we have a big format.
[01:28:47.840 --> 01:28:53.680]  He can come to the table as well prepared as a lawyer.
[01:28:53.680 --> 01:29:00.160]  We plan to eliminate the profession of lawyer and get lawyers to pay us to do it.
[01:29:00.160 --> 01:29:08.480]  There's just something really intuitively satisfying about that.
[01:29:08.480 --> 01:29:11.560]  I've kind of took the conversation away from you, Danny.
[01:29:11.560 --> 01:29:18.080]  When we come back on the other side, I will bring the conversation back.
[01:29:18.080 --> 01:29:26.280]  This is Randy Kelton with our radio and a call-in number is 512-646-1984.
[01:29:26.280 --> 01:29:29.320]  We've got Craig from Louisiana there.
[01:29:29.320 --> 01:29:30.320]  We will get to you.
[01:29:30.320 --> 01:29:34.960]  We've got a couple of spaces open on the board, so if you have a question or comment, give
[01:29:34.960 --> 01:29:36.960]  us a call.
[01:29:36.960 --> 01:29:41.880]  We're always looking for some donations to help keep this show going.
[01:29:41.880 --> 01:29:47.320]  Since Deborah is not here, I can promote Randy's beer fund.
[01:29:47.320 --> 01:29:49.320]  Oh, it's pitiful.
[01:29:49.320 --> 01:29:50.320]  It's doing horrible.
[01:29:50.320 --> 01:29:53.560]  That's why I'm sober every time I do the show.
[01:29:53.560 --> 01:29:56.880]  Actually, my beer fund all goes to the show booth.
[01:29:56.880 --> 01:29:58.400]  We could use your help.
[01:29:58.400 --> 01:30:00.720]  We'll be right back.
[01:30:00.720 --> 01:30:05.600]  Drug smugglers have tried everything from submarines to catapults to get illegal drugs
[01:30:05.600 --> 01:30:10.480]  into the U.S., but their most recent method was so ingenious it only cost them a quarter
[01:30:10.480 --> 01:30:11.480]  of shipment.
[01:30:11.480 --> 01:30:16.000]  I'm Dr. Catherine Albrecht, and I'll be right back to tell you what it was.
[01:30:16.000 --> 01:30:17.600]  Privacy is under attack.
[01:30:17.600 --> 01:30:21.200]  When you give up data about yourself, you'll never get it back again.
[01:30:21.200 --> 01:30:25.960]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:30:25.960 --> 01:30:30.920]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:30.920 --> 01:30:33.720]  Privacy, it's worth hanging on to.
[01:30:33.720 --> 01:30:38.040]  This public service announcement is brought to you by StartPage.com, the private search
[01:30:38.040 --> 01:30:41.560]  engine alternative to Google, Yahoo, and Bing.
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[01:30:44.760 --> 01:30:49.280]  Mexican drug smugglers are always brainstorming new ways to outsmart the border patrol, but
[01:30:49.280 --> 01:30:52.160]  their recent exploits were the stuff of legend.
[01:30:52.160 --> 01:30:57.960]  The traffickers tunneled their way underground to 16-metered parking spaces in Nogales, Arizona
[01:30:57.960 --> 01:31:00.360]  and cut careful rectangles in the pavement.
[01:31:00.360 --> 01:31:05.920]  U.S. accomplices then parked false-bottom cars above the holes, fed the parking meter,
[01:31:05.920 --> 01:31:08.080]  and stuffed the cars with drugs from below.
[01:31:08.080 --> 01:31:12.960]  Once the pavement plugs were back in place, the vehicles would cruise quietly away with
[01:31:12.960 --> 01:31:14.440]  nobody the wiser.
[01:31:14.440 --> 01:31:19.040]  Eventually, diligent deputies detained the digging desperados, and that was the end of
[01:31:19.040 --> 01:31:20.040]  drive-through drugs.
[01:31:20.040 --> 01:31:30.840]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31:30.840 --> 01:31:36.240]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.240 --> 01:31:38.240]  The government says that fire brought it down.
[01:31:38.240 --> 01:31:43.280]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.280 --> 01:31:47.280]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[01:31:47.280 --> 01:31:48.720]  force responders have died.
[01:31:48.720 --> 01:31:50.320]  I'm not a conspiracy theorist.
[01:31:50.320 --> 01:31:51.320]  I'm a structural engineer.
[01:31:51.320 --> 01:31:52.520]  I'm a New York City correctional officer.
[01:31:52.520 --> 01:31:53.520]  I'm an Air Force pilot.
[01:31:53.520 --> 01:31:55.120]  I'm a father who lost his son.
[01:31:55.120 --> 01:31:57.720]  We are Americans, and we deserve the truth.
[01:31:57.720 --> 01:32:02.320]  Go to RememberBuilding7.org today.
[01:32:02.320 --> 01:32:05.320]  Rule of Law Radio is proud to offer the Rule of Law Traffic Similar.
[01:32:05.320 --> 01:32:08.720]  In today's America, we live in an us-against-them society, and if we, the people, are ever
[01:32:08.720 --> 01:32:12.920]  going to have a free society, then we're going to have to stand and defend our own rights.
[01:32:12.920 --> 01:32:15.920]  Among those rights are the right to travel freely from place to place, the right to
[01:32:15.920 --> 01:32:19.920]  act in our own private capacity, and most importantly, the right to due process of law.
[01:32:19.920 --> 01:32:24.120]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[01:32:24.120 --> 01:32:25.920]  our rights through due process.
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[01:33:02.920 --> 01:33:04.920]  Looking for some truth?
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[01:33:05.920 --> 01:33:15.920]  LogosRadioNetwork.com.
[01:33:35.920 --> 01:33:46.920]  Okay, we are back.
[01:33:46.920 --> 01:33:50.520]  Randy Kelton, Rule of Law Radio and we're talking to Danny in Tennessee.
[01:33:50.520 --> 01:33:57.920]  Danny, I kind of took things away from you and used you so I could address my own issues.
[01:33:57.920 --> 01:34:00.920]  Okay, back to your issues.
[01:34:00.920 --> 01:34:08.920]  Okay, what I was talking about before was just getting a good format for the rule of
[01:34:08.920 --> 01:34:09.920]  quail motions.
[01:34:09.920 --> 01:34:15.920]  But I think I can handle that okay one way or another but something I came up with just
[01:34:15.920 --> 01:34:22.120]  a little bit ago that you might enjoy a bit is that I guess I would caption this little
[01:34:22.120 --> 01:34:32.000]  section in the motion as failure of necessary form of the indictment.
[01:34:32.000 --> 01:34:44.320]  And so reading this in the code of criminal procedure and section 40-13-201 and what it
[01:34:44.320 --> 01:34:49.880]  has here says an indictment must contain in the catcher body of an indictment, the name
[01:34:49.880 --> 01:34:57.840]  of the state, county, and court, the term in or at which the indictment is preferred
[01:34:57.840 --> 01:35:03.480]  and must conclude against the peace and dignity of the state of Tennessee.
[01:35:03.480 --> 01:35:14.000]  Well by what I read there I found two failures of necessary form on the papers I have here
[01:35:14.000 --> 01:35:15.680]  as far as the name of the court.
[01:35:15.680 --> 01:35:21.960]  But they don't have a full name just in one spot they've got a rum on you to be just
[01:35:21.960 --> 01:35:29.320]  again in the case but it's not pretty in the name of that court.
[01:35:29.320 --> 01:35:36.760]  And then we have state of Tennessee what I have in for the code section state is lower
[01:35:36.760 --> 01:35:39.760]  case and they put it in uppercase.
[01:35:39.760 --> 01:35:43.360]  Okay, that's not going to make a difference.
[01:35:43.360 --> 01:35:50.320]  Well it says it's necessary both of them says it's necessary to be in uppercase or lower
[01:35:50.320 --> 01:35:51.320]  case.
[01:35:51.320 --> 01:35:56.880]  Well it's got it in quotes as if you know exactly this.
[01:35:56.880 --> 01:36:08.880]  Okay, the thing about uppercase and lower case back in the 60s most of the telephonic
[01:36:08.880 --> 01:36:15.440]  communications or business telephonic communication was done with teletype.
[01:36:15.440 --> 01:36:19.720]  And teletype only did uppercase.
[01:36:19.720 --> 01:36:27.440]  So if you sent a document electronically it only went uppercase and the pro se I mean
[01:36:27.440 --> 01:36:36.680]  the legal reform movement has taken the uppercase to mean something different and never had
[01:36:36.680 --> 01:36:42.160]  the courts make that distinction.
[01:36:42.160 --> 01:36:52.960]  So it's a really, really fine point and it would have to somehow be state something
[01:36:52.960 --> 01:37:01.000]  other than what the statute requires it to and if the statute requires you to name the
[01:37:01.000 --> 01:37:09.360]  state whether you name it an upper or lower case it still designates the state.
[01:37:09.360 --> 01:37:14.640]  I don't see how it sounds like a distinction without a difference.
[01:37:14.640 --> 01:37:18.960]  Well maybe but I also thought this might give with other stuff I'm putting in this might
[01:37:18.960 --> 01:37:22.840]  give them something simple to throw it out.
[01:37:22.840 --> 01:37:26.240]  Does it look like a big thing?
[01:37:26.240 --> 01:37:34.320]  Yeah, good point because for the most part they're trying to save money and at the end
[01:37:34.320 --> 01:37:37.880]  of the day you know we keep saying you'll never win your case simply because you have
[01:37:37.880 --> 01:37:39.600]  the law and the facts on your side.
[01:37:39.600 --> 01:37:46.560]  You'll win your case if you have the politics on your side and all politics is local and
[01:37:46.560 --> 01:37:50.640]  politics always follows the money.
[01:37:50.640 --> 01:37:57.760]  So if you can make it cost them more to prosecute you then they can get out of it.
[01:37:57.760 --> 01:38:01.480]  Good chance they'll make you a deal that you can't pass up.
[01:38:01.480 --> 01:38:08.160]  So from that perspective just being a pain in the neck probably a good idea.
[01:38:08.160 --> 01:38:13.200]  If you're not a lawyer, if you're a lawyer the judges will spank you big time.
[01:38:13.200 --> 01:38:21.000]  But per se we have powers and abilities far beyond those of mortal lawyers.
[01:38:21.000 --> 01:38:26.560]  Yeah well he's talking about politics, the other thing was I think other things that
[01:38:26.560 --> 01:38:32.200]  will be bringing up might be things that they would not want to go into appeal and have
[01:38:32.200 --> 01:38:34.280]  a published decision about.
[01:38:34.280 --> 01:38:39.520]  Good point, that is a great point.
[01:38:39.520 --> 01:38:44.320]  Those are issues that I always try to find.
[01:38:44.320 --> 01:38:54.440]  What can we, if you can we bring that if they let it get to the court of appeals and the
[01:38:54.440 --> 01:39:01.600]  court of appeals rules against them then it's tied their hands.
[01:39:01.600 --> 01:39:07.680]  There is a case, a jazz analysis case on rescission.
[01:39:07.680 --> 01:39:12.160]  You can rescind the note within two years.
[01:39:12.160 --> 01:39:19.080]  Well these people rescinded the note on the last day at 11 o'clock, almost exactly the
[01:39:19.080 --> 01:39:24.320]  last minute they found the notice of rescission.
[01:39:24.320 --> 01:39:27.880]  And the court ruled against them and they appealed it to the court of appeals.
[01:39:27.880 --> 01:39:33.840]  The court of appeals ruled against them and they appealed it to the supreme.
[01:39:33.840 --> 01:39:44.680]  And Wells Fargo Bank, I looked at it and said, what were you thinking that you let this get
[01:39:44.680 --> 01:39:50.840]  to the court of appeals, I mean this is to the supreme, the supreme ruled in their favor
[01:39:50.840 --> 01:39:58.320]  and the litigants favor, yes they were within the time limit.
[01:39:58.320 --> 01:40:04.760]  Now they got a hard and fast supreme court ruling that says if you rescind within a
[01:40:04.760 --> 01:40:10.040]  few year or two years, the note is rescinded.
[01:40:10.040 --> 01:40:12.400]  Who is the moron that let that get there?
[01:40:12.400 --> 01:40:20.560]  And so we look for cases that they will look at and say we can't afford to get this into
[01:40:20.560 --> 01:40:25.760]  the appeals, the court of appeals because court of appeals is a whole different animal
[01:40:25.760 --> 01:40:28.520]  than the trial court.
[01:40:28.520 --> 01:40:35.440]  The trial court judge can be pretty capricious and arbitrary because he'll tell you if you
[01:40:35.440 --> 01:40:38.040]  don't like my ruling, you can appeal.
[01:40:38.040 --> 01:40:45.120]  Well that's something I'm taking on because there's two places we can appeal.
[01:40:45.120 --> 01:40:49.440]  If the judge fails to properly apply the law to the facts and in the process denies you
[01:40:49.440 --> 01:40:56.080]  the full free access to enjoyment right, that's a crime we can appeal to the grand jury.
[01:40:56.080 --> 01:41:01.440]  They want you to appeal to the court of appeals but that's a different issue.
[01:41:01.440 --> 01:41:09.720]  We want to take the case to the court of appeals that's where it addresses an issue in this
[01:41:09.720 --> 01:41:18.600]  circumstance that if the court rules in your favor or rules against you then it puts a
[01:41:18.600 --> 01:41:27.320]  ruling in the body of law that all other lawyers can use in other circumstances and it's likely
[01:41:27.320 --> 01:41:32.320]  to undermine the corpus jurus, the body of law.
[01:41:32.320 --> 01:41:35.960]  And they're absolutely going to have to come back later and get rid of that ruling because
[01:41:35.960 --> 01:41:38.640]  it's going to cause too many problems.
[01:41:38.640 --> 01:41:44.280]  The court of appeals, they're there to guard the body of law, the sanctity of the body
[01:41:44.280 --> 01:41:45.920]  of law.
[01:41:45.920 --> 01:41:51.080]  To make sure we don't get rulings in there that screw things up.
[01:41:51.080 --> 01:41:58.840]  So you want to look for issues you can bring that will screw things up.
[01:41:58.840 --> 01:42:08.600]  Like I did a declaratory judgment suit and we have 13.001 in Texas that said any claim
[01:42:08.600 --> 01:42:14.880]  against real property, not properly acknowledged or proven and filed in the record is void
[01:42:14.880 --> 01:42:15.880]  is to the holder.
[01:42:15.880 --> 01:42:23.320]  So I go to the court and say this particular document was filed in the record but it was
[01:42:23.320 --> 01:42:31.280]  not notarized and it must be notarized by law therefore it was improperly filed.
[01:42:31.280 --> 01:42:38.200]  If they say oh that's okay then they have just nullified that statute.
[01:42:38.200 --> 01:42:45.200]  Now nobody has to have them notarized or you have to have evidence in the record of power
[01:42:45.200 --> 01:42:48.320]  of attorney and there is no evidence of power of attorney.
[01:42:48.320 --> 01:42:54.320]  If the court was against you then they've just negated that law and they do not want
[01:42:54.320 --> 01:42:56.320]  to do that.
[01:42:56.320 --> 01:43:00.320]  So yes that's a great way to go after them.
[01:43:00.320 --> 01:43:03.320]  Do you have any?
[01:43:03.320 --> 01:43:13.320]  Definitely so, well I've talked to you before that talking about what a vehicle is, when
[01:43:13.320 --> 01:43:23.360]  it's a core or a device in the definition says actually qualifies to be considered a
[01:43:23.360 --> 01:43:27.160]  legally a vehicle or not.
[01:43:27.160 --> 01:43:35.560]  So the way I read it it's two possible conditions, e to one satisfied it's considered a vehicle.
[01:43:35.560 --> 01:43:41.280]  It failed both and I would say that doesn't fit the definition therefore my definition
[01:43:41.280 --> 01:43:42.280]  is not a vehicle.
[01:43:42.280 --> 01:43:49.560]  Well that's good for the court judgment but not good for undermining the court pursuers.
[01:43:49.560 --> 01:43:54.560]  Okay I do need to move on Danny, we've got a board full of callers and we're about to
[01:43:54.560 --> 01:44:00.800]  run out of time on this segment, Randy Kelton, Ruth of our radio.
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[01:46:23.360 --> 01:46:25.360]  Okay, we are back.
[01:46:25.360 --> 01:46:32.360]  Randy Kelton, rule of law radio and we're going to James and see.
[01:46:32.360 --> 01:46:34.360]  I can't read your last name.
[01:46:34.360 --> 01:46:36.360]  Your first name is Carter.
[01:46:36.360 --> 01:46:38.360]  Was that who it was?
[01:46:38.360 --> 01:46:40.360]  Yes, it is.
[01:46:40.360 --> 01:46:42.360]  Yes, it is.
[01:46:42.360 --> 01:46:43.360]  I'm trying to remember.
[01:46:43.360 --> 01:46:44.360]  Okay.
[01:46:44.360 --> 01:46:45.360]  Yes, Carter.
[01:46:45.360 --> 01:46:46.360]  Hi.
[01:46:46.360 --> 01:46:48.360]  How are you doing tonight, Randy?
[01:46:48.360 --> 01:46:49.360]  I'm doing good.
[01:46:49.360 --> 01:46:51.360]  Did you get together a timeline for me?
[01:46:51.360 --> 01:46:56.360]  Yes, I was working on it in between trying to do everything.
[01:46:56.360 --> 01:47:01.360]  These idiots have threw me out and I've been trying to rescue my cats and find a place to
[01:47:01.360 --> 01:47:03.360]  live and handle everything.
[01:47:03.360 --> 01:47:08.360]  The subject of that tomorrow is I must be there for eight hours tomorrow and I must be there
[01:47:08.360 --> 01:47:10.360]  for eight hours the following day.
[01:47:10.360 --> 01:47:14.360]  Everything was okay except the person who was supposed to get the truck, rent the truck
[01:47:14.360 --> 01:47:17.360]  and bring it is now deathly ill.
[01:47:17.360 --> 01:47:21.360]  I can't find anybody to help me, 10 o'clock is going to roll around tomorrow and I'm going
[01:47:21.360 --> 01:47:24.360]  to have no way to get anywhere to do anything.
[01:47:24.360 --> 01:47:26.360]  I don't know what to do.
[01:47:26.360 --> 01:47:30.360]  So I apologize for the timeline being linked to your email.
[01:47:30.360 --> 01:47:33.360]  That's what I've been up against.
[01:47:33.360 --> 01:47:34.360]  That's okay.
[01:47:34.360 --> 01:47:38.360]  I understand the timeline is really, really hard to do.
[01:47:38.360 --> 01:47:41.360]  So I didn't expect you to be able to have it done that quickly.
[01:47:41.360 --> 01:47:47.360]  It's very hard on it but like you and I had discussed, how does Operation Home Record fit
[01:47:47.360 --> 01:47:50.360]  into the scheme of things?
[01:47:50.360 --> 01:47:57.360]  Operation Home Record dubbed that by the FBI, IRS and U.S. Attorney General's Office when
[01:47:57.360 --> 01:48:05.360]  they busted the case in 2006 happened exactly at the same simultaneous time that the civil
[01:48:05.360 --> 01:48:13.360]  case that I have been fighting in Illinois here in the Chancery Division was taking
[01:48:13.360 --> 01:48:17.360]  place against George Frank Chase Bank and Long Beach Mortgage.
[01:48:17.360 --> 01:48:29.360]  It's one gigantic snake tied together with a web of lies, a bunch of robo-signing fraudulent
[01:48:29.360 --> 01:48:39.360]  documents that make absolutely no sense whatsoever, a bunch of different title companies and mortgage
[01:48:39.360 --> 01:48:45.360]  companies that don't exist with companies that do exist like Countrywide and City Mortgage,
[01:48:45.360 --> 01:48:51.360]  which everybody knows is some of the dirtiest ones, and AmeriQuest and Washington Mutual,
[01:48:51.360 --> 01:48:57.360]  just to name a few of the rotten ones and then Deutsche Bank and Chase Bank and Long Beach
[01:48:57.360 --> 01:49:06.360]  Mortgage all tied into that with their straw buyers who quote-unquote are investors who
[01:49:06.360 --> 01:49:14.360]  actually help the companies steal other people's houses by claiming that they're the owners
[01:49:14.360 --> 01:49:16.360]  of said property.
[01:49:16.360 --> 01:49:23.360]  In my case, 13 deeds on my house is absolutely ridiculous.
[01:49:23.360 --> 01:49:27.360]  At one point, there was this nonsense when I was going to court.
[01:49:27.360 --> 01:49:33.360]  There I'm standing in my backyard and a man who is now my personal friend and he was a
[01:49:33.360 --> 01:49:39.360]  real estate appraiser comes walking up the walkway and he asked me if I'm Cheryl Newton
[01:49:39.360 --> 01:49:44.360]  and I said, no, who would I have to Cheryl Newton because I'd never heard that name before
[01:49:44.360 --> 01:49:48.360]  and he says to me, oh, well, she's the owner of this property and I said, want to run that
[01:49:48.360 --> 01:49:54.360]  by me again? I said, my name is Carla Watkins and my husband's name is Marvin Watkins and
[01:49:54.360 --> 01:50:00.360]  we're the legal owners of this property and we have, I have lived here since I was 13
[01:50:00.360 --> 01:50:04.360]  years old and he says, oh, well, I'm coming here to appraise the house.
[01:50:04.360 --> 01:50:17.360]  Well, in 2006, our lovely FBI did a raid at the FCO offices in New York and they discovered
[01:50:17.360 --> 01:50:22.360]  that documents were being shredded and some of the documents that they caught were not
[01:50:22.360 --> 01:50:28.360]  shredded and the documents in our case that were not shredded had to do with them trying
[01:50:28.360 --> 01:50:31.360]  to create double mortgages on my house.
[01:50:31.360 --> 01:50:39.360]  This didn't exist while stealing the equity from my house at the same time while putting
[01:50:39.360 --> 01:50:46.360]  other people's names on there as the owners of the title to documents we never signed
[01:50:46.360 --> 01:50:55.360]  by taking our paperwork and robo-signing things. And I was actually floored when in the middle
[01:50:55.360 --> 01:51:01.360]  of dealing with the case in Illinois, I get a document from a lawyer who's contacting
[01:51:01.360 --> 01:51:11.360]  me from New Jersey asking me if I know anything about a company that was under Charles Head
[01:51:11.360 --> 01:51:17.360]  and so he is called Head Financial and if I was familiar with nation's property management
[01:51:17.360 --> 01:51:22.360]  and if I knew who Jack Carpenter was and it went on and on and on and I was like, yes,
[01:51:22.360 --> 01:51:28.360]  of course I do. And so I presented the documents to my attorney at the time of bust of the case
[01:51:28.360 --> 01:51:35.360]  while it opened and he said, haha, I see some things going on here. It turned out that
[01:51:35.360 --> 01:51:42.360]  Payton's who were the straw buyers took it over from Cheryl Newton who was the original
[01:51:42.360 --> 01:51:48.360]  straw buyer but she had so many pieces of property under Charles Head that the government
[01:51:48.360 --> 01:51:54.360]  was beginning to investigate. So Charles Head being Mr. Clever Person turns it over to Mrs.
[01:51:54.360 --> 01:52:01.360]  Payton. Mrs. Payton's husband being this innocent cop has no idea what the hell his wife is doing
[01:52:01.360 --> 01:52:07.360]  with her cousin when he finds out he promptly expedites himself from this mess and disappears
[01:52:07.360 --> 01:52:14.360]  for part unknown getting divorced and leaving everything. She in the meantime gets herself
[01:52:14.360 --> 01:52:21.360]  in very big trouble because being the straw buyer she was supposed to receive $5,000 for
[01:52:21.360 --> 01:52:26.360]  every piece of property that she claims she owns. Well, when it came to my property, guess
[01:52:26.360 --> 01:52:33.360]  what I did. What? I didn't sign this document. No, I never was in Vegas. No, I don't know
[01:52:33.360 --> 01:52:38.360]  who the Payton's are. What is this nonsense? I have a payoff letter. This is gobbledygook.
[01:52:38.360 --> 01:52:45.360]  We never did this. Bang! I suddenly find myself in court as an unknown complainant for my
[01:52:45.360 --> 01:52:52.360]  own piece of property. Meantime, the government in California is investigating this thing
[01:52:52.360 --> 01:52:59.360]  and this lawyer is sending me documents of what is going to be the FBI and a paper from
[01:52:59.360 --> 01:53:05.360]  this paper article explaining about the big FBI raid and that Charles Head had taken
[01:53:05.360 --> 01:53:10.360]  himself all the way to Florida and had been busted and all these things that were going
[01:53:10.360 --> 01:53:17.360]  on and he had his home. Okay, wait a minute. We can use three shows with this.
[01:53:17.360 --> 01:53:25.360]  You need questions? Yes, we need one of the defendants. That's why I needed more to work
[01:53:25.360 --> 01:53:31.360]  with. This is so complex. One of the things you keep telling me is there were criminal
[01:53:31.360 --> 01:53:41.360]  actions going on. Constantly. How many criminal complaints have you filed? Well, my attorneys
[01:53:41.360 --> 01:53:48.360]  filed to get documents that were pertinent to the case a minimum of three times it was
[01:53:48.360 --> 01:53:55.360]  requested and the opposing counsel repeatedly gave idiotic comments like, it's not paramount
[01:53:55.360 --> 01:54:00.360]  to this article, it has nothing to do with the mortgage... Wait a minute, wait a minute.
[01:54:00.360 --> 01:54:05.360]  Right, they have no standard. You gave me an answer but it wasn't an answer to the question
[01:54:05.360 --> 01:54:11.360]  I asked. That was one, that was one. Then they turned around and stopped three times.
[01:54:11.360 --> 01:54:16.360]  Stop, stop. They started doing the thing like, you know when you have something that claims
[01:54:16.360 --> 01:54:21.360]  to be a witness and they tell you this cost this and this cost that and this shows...
[01:54:21.360 --> 01:54:26.360]  Okay, hold on, hold on. This is a problem I have with people who have been in the fight
[01:54:26.360 --> 01:54:36.360]  a long time. You got lots of emotional load. You bet. I'm scared now. Okay, I'm not here
[01:54:36.360 --> 01:54:44.360]  for that emotional load. We could spend three or four shows with you going over all of these
[01:54:44.360 --> 01:54:51.360]  things that's happened and it won't be helpful. How many criminal complaints have you filed?
[01:54:51.360 --> 01:54:57.360]  Well, as I said, then comes the one where the witness is supposed to...
[01:54:57.360 --> 01:55:01.360]  You're not asking my question, you're dodging it.
[01:55:01.360 --> 01:55:06.360]  Well, because there were so many, I lost cash.
[01:55:06.360 --> 01:55:09.360]  How many did you file?
[01:55:09.360 --> 01:55:14.360]  My lawyers filed at least seven different ones.
[01:55:14.360 --> 01:55:19.360]  What happened to them? Where did he file them and what occurred at the cost of them?
[01:55:19.360 --> 01:55:24.360]  In the court of Cook County and in the appellate court.
[01:55:24.360 --> 01:55:31.360]  Okay, what did the appellate court do with your complaints?
[01:55:31.360 --> 01:55:39.360]  Most of the complaints were ignored because the appellate court never received them.
[01:55:39.360 --> 01:55:41.360]  Some of the complaints were ignored because...
[01:55:41.360 --> 01:55:44.360]  Did your lawyer send them to the appellate court?
[01:55:44.360 --> 01:55:46.360]  Yes.
[01:55:46.360 --> 01:55:50.360]  And the appellate court never received them? How did that happen?
[01:55:50.360 --> 01:55:57.360]  Well, according to the appellate court, when I contacted them to follow up on what was going on,
[01:55:57.360 --> 01:56:02.360]  the last communication that they had, anything in this case was in 2013.
[01:56:02.360 --> 01:56:08.360]  And I said, that's impossible because here it is, 2018.
[01:56:08.360 --> 01:56:13.360]  And I had lawyers filing dockets with you all the way up through that.
[01:56:13.360 --> 01:56:16.360]  In fact, you should have one from 2015.
[01:56:16.360 --> 01:56:18.360]  Okay, do you have those documents?
[01:56:18.360 --> 01:56:24.360]  You bet, they're at my house.
[01:56:24.360 --> 01:56:27.360]  Will you be able to get them?
[01:56:27.360 --> 01:56:34.360]  Yes, when I can get in my house tomorrow, providing I have some kind of transportation, I can do anything.
[01:56:34.360 --> 01:56:40.360]  First thing you get are those documents for you. Anything else out of the house? Get the documents.
[01:56:40.360 --> 01:56:45.360]  And take them to... Do you have a scanner?
[01:56:45.360 --> 01:56:51.360]  Yes, we've been scanning them. I have some on my phone. I have some sent to various people who know me.
[01:56:51.360 --> 01:56:57.360]  I've got some on memory stick. I've got some written on paper. And I've got multiple duplicates.
[01:56:57.360 --> 01:57:00.360]  Yes, I have many duplicates.
[01:57:00.360 --> 01:57:03.360]  When we do the timeline...
[01:57:03.360 --> 01:57:04.360]  Yes.
[01:57:04.360 --> 01:57:10.360]  I'm going to be looking for places where we can show a violation of law.
[01:57:10.360 --> 01:57:11.360]  Yes.
[01:57:11.360 --> 01:57:15.360]  And then I'll show you how to run the routine.
[01:57:15.360 --> 01:57:21.360]  We got this routine that we run. You know, I was talking about the rules the other day.
[01:57:21.360 --> 01:57:22.360]  Right.
[01:57:22.360 --> 01:57:27.360]  One of the rules is, never ask a public official to do anything, you actually want them to do.
[01:57:27.360 --> 01:57:30.360]  Them to do. I remember that from last night.
[01:57:30.360 --> 01:57:38.360]  So, we create criminal complaints. If criminal complaints have already been sent to the court of criminal appeals,
[01:57:38.360 --> 01:57:45.360]  then whatever ones they say they didn't get, you send them some new ones.
[01:57:45.360 --> 01:57:50.360]  Verified criminal affidavits. And I'll explain how to do that.
[01:57:50.360 --> 01:58:00.360]  You make up the verified criminal affidavit. You only put one accusation on a complaint.
[01:58:00.360 --> 01:58:02.360]  Never more than once.
[01:58:02.360 --> 01:58:03.360]  Complaint.
[01:58:03.360 --> 01:58:08.360]  And you take it to a notary, you have it notarized.
[01:58:08.360 --> 01:58:24.360]  You send it to the court. Best you send one to each judge on the appellate court panel.
[01:58:24.360 --> 01:58:32.360]  When you send them that verified criminal affidavit, that invokes their duty as a magistrate.
[01:58:32.360 --> 01:58:37.360]  They never do their duty as a magistrate.
[01:58:37.360 --> 01:58:42.360]  I bushwhacked the head criminal district judge in Travis County with criminal complaints.
[01:58:42.360 --> 01:58:45.360]  And he said, well, Mr. Kelks, I'm a district judge.
[01:58:45.360 --> 01:58:48.360]  And district judges in Travis County don't take criminal complaints.
[01:58:48.360 --> 01:58:50.360]  So, well, your honor, I'm not here to.
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