ROL_2019-06-21_16k_Hr1-2.timecode

[00:00.000 --> 00:06.000]  The following news flash is brought to you by The Low Star Lowdown, providing the deli
[00:06.000 --> 00:13.000]  bulletins for the commodity market, today in history, news updates, and the inside
[00:13.000 --> 00:21.000]  scoop into the tides of the alternative.
[00:21.000 --> 00:29.000]  Markets for Wazeva 6th of February 2019 open with gold at $1,313.70 an ounce, silver $15.77
[00:29.000 --> 00:36.000]  an ounce, copper $2.83 an ounce, oil Texas crude $3.66 a barrel, Brent crude $61.98
[00:36.000 --> 00:43.000]  a barrel, and cryptos in order of market capitalization, Bitcoin $3,401.64, Ripple
[00:43.000 --> 00:54.000]  XRP $0.29, Ethereum $10.10 and Eos is at $2.32 of crypto coin.
[00:54.000 --> 00:59.000]  Today in history, the year 1918, British women over the age of 30 who meet minimum
[00:59.000 --> 01:03.000]  property qualifications get the right to vote when the representation of the People
[01:03.000 --> 01:06.000]  Act of 1918 was passed by Parliament.
[01:06.000 --> 01:13.000]  Today in history, in recent news, several Texas-based organizations filed a lawsuit
[01:13.000 --> 01:17.000]  today requesting that a federal court stop the state from flagging about 95,000
[01:17.000 --> 01:20.000]  people as potentially illegally registered to vote.
[01:20.000 --> 01:24.000]  This was compiled after an 11-month long investigation by the office of the Texas
[01:24.000 --> 01:28.000]  Secretary of State and the Texas Department of Public Safety, which sought to
[01:28.000 --> 01:32.000]  identify non-U.S. citizens who were registered to vote when obtaining major
[01:32.000 --> 01:33.000]  arbitrage license.
[01:33.000 --> 01:37.000]  Over half of the 95,000 didn't indeed vote, it seems.
[01:37.000 --> 01:40.000]  However, further controversy was raised when it became clear that some of the
[01:40.000 --> 01:45.000]  names were not in fact belonging to those who were non-citizens and registered.
[01:45.000 --> 01:49.000]  Apparently, around 25% of all Latino immigrants become naturalized, gaining
[01:49.000 --> 01:50.000]  the right to vote.
[01:50.000 --> 01:54.000]  Registered voters who receive letters querying their citizenship have 30 days
[01:54.000 --> 01:56.000]  to respond with proof of eligibility.
[01:56.000 --> 02:00.000]  Texas Attorney General Ken Paxton and David Whitley, the Texas Secretary of
[02:00.000 --> 02:05.000]  State, have yet to officially comment regarding this list and any updates pertaining to
[02:05.000 --> 02:06.000]  it.
[02:08.000 --> 02:13.000]  A Texas man of only 24 years old, William Brown, died from a severed artery in
[02:13.000 --> 02:16.000]  his neck after a vape pen exploded while he was using it.
[02:16.000 --> 02:20.000]  It apparently happened in the parking lot of the vape shop where he got it.
[02:20.000 --> 02:24.000]  An x-ray revealed that a piece of metal was embedded in his brainstem.
[02:24.000 --> 02:28.000]  The vape store, Smoke and Vape DZ, has refused to comment.
[02:30.000 --> 02:34.000]  First edition anchorwoman, Kristen Diaz, interviewed Aislin Campbell, the
[02:34.000 --> 02:38.000]  executive director of Grow Local, South Texas, concerning the upcoming Texas
[02:38.000 --> 02:41.000]  Organic Farmers and Gardeners Association conference, which will be taking
[02:41.000 --> 02:47.000]  place at the Corpus Christi Omni Hotel from February 14th to 16th, 6 to 9 p.m.
[02:47.000 --> 02:51.000]  You can find the interview at kiitv.com.
[02:51.000 --> 03:10.000]  This is Rick Rody with your lowdown for February 6th, 2019.
[03:21.000 --> 03:42.000]  Okay, howdy, howdy, Randy Kelton, Brett Fountain, rule of law radio on this, the
[03:42.000 --> 03:51.000]  first day of summer, the 21st day of June 2019, my daughter's birthday.
[03:51.000 --> 03:54.000]  I don't even want to mention how old she is.
[03:54.000 --> 03:56.000]  Excuse me.
[03:56.000 --> 03:59.000]  Anyway, we're going to start out the show.
[03:59.000 --> 04:02.000]  I'm turning the phone lines on.
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[04:09.000 --> 04:12.000]  We'll have the phone lines open all night.
[04:12.000 --> 04:19.000]  And I do want to remind everyone, we do have our big time fundraiser going on.
[04:19.000 --> 04:22.000]  And this year we're doing it somewhat different.
[04:22.000 --> 04:29.000]  We're asking everyone who listens to this show and finds value from it to go to
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[05:18.000 --> 05:25.000]  just a small amount and help keep us being able to bring this value to everyone.
[05:25.000 --> 05:32.000]  Okay, I wanted to start out, we had talked about, Brett had a, was it 2614?
[05:32.000 --> 05:36.000]  Yeah, 2714 of the Code of Criminal Procedure.
[05:36.000 --> 05:44.000]  Okay, we're doing something special and we're not really going to go into exactly what we're doing.
[05:44.000 --> 05:52.000]  Brett is, we're working through some of the technology in radio production.
[05:52.000 --> 05:59.000]  There is a lot of technology that goes into being a host on the air that's not apparent
[05:59.000 --> 06:01.000]  and working through some of that.
[06:01.000 --> 06:05.000]  I'm surprised at how quickly Brett has picked it all up.
[06:05.000 --> 06:12.000]  So, let's go back to, we talked about part of this, we didn't get to the whole subject.
[06:12.000 --> 06:18.000]  Can you give us some synopsis on the treatment leading up to 2714?
[06:18.000 --> 06:27.000]  Okay, well, normally there's a whole lot of due process and that means rules, procedure that needs to be followed
[06:27.000 --> 06:30.000]  and it's the whole system together.
[06:30.000 --> 06:37.000]  All of these rules are a wonderful safeguard for our rights, the rights of the people.
[06:37.000 --> 06:43.000]  And so the legislature that we elected wrote some very good protections in place
[06:43.000 --> 06:48.000]  so that people don't just get dragged into court for every little thing
[06:48.000 --> 06:54.000]  and thrown into the spiral system and can't get out.
[06:54.000 --> 07:04.000]  Only if the rules of procedure are followed, each step of which protects the person being accused,
[07:04.000 --> 07:13.000]  only if all of the procedures are followed can they lawfully reach the point where they bang the gavel and call you guilty.
[07:13.000 --> 07:25.000]  However, in today's common practice, they skip so many steps and they do it within the law.
[07:25.000 --> 07:30.000]  It seems impossible that they could do it within the law, but there is a loophole
[07:30.000 --> 07:36.000]  and they're not going to come up to you and tell you, hey, I know you came in here,
[07:36.000 --> 07:41.000]  you got yourself a ticket and you've got two choices today.
[07:41.000 --> 07:44.000]  You can either have all the protections of the law or we've got this little loophole over here
[07:44.000 --> 07:48.000]  where you just pretty much slide down a greasy slope straight toward the part where you pay.
[07:48.000 --> 07:53.000]  Which one do you pick? They're not going to tell you that, but that's pretty much what happens.
[07:53.000 --> 08:01.000]  They point you to the greasy slope and most people don't realize that they have options.
[08:01.000 --> 08:09.000]  They don't know what the law says and they don't realize that all of the law, there's so much that is protection for us
[08:09.000 --> 08:20.000]  and they don't realize that all of that is being short circuited by this little provision here in 2714.
[08:20.000 --> 08:29.000]  2714 was designed for parking tickets and you can see that if you go back into the history of the amendments of it
[08:29.000 --> 08:36.000]  and you can see that it was how it used to be written, you can see that they used to talk about parking tickets
[08:36.000 --> 08:44.000]  and a municipal court would be allowed to commence on written notice only
[08:44.000 --> 08:53.000]  if there was some charges against somebody for the manner of parking, then they could be...
[08:53.000 --> 08:59.000]  The person who was allegedly did the offense would be able to just say,
[08:59.000 --> 09:02.000]  you know what, you don't have to go through all your rigmarole.
[09:02.000 --> 09:08.000]  I know that I parked on the wrong side of the road during the wrong time of day or I parked backwards.
[09:08.000 --> 09:14.000]  I get it. I'm sorry. Here's your 25 bucks. Let's just go our way.
[09:14.000 --> 09:21.000]  And then they don't have to go through all the procedures because the accused elected to do that.
[09:21.000 --> 09:26.000]  He elected to skip those protections and just go straight to the part where he pays.
[09:26.000 --> 09:32.000]  He doesn't want to contest it. He just wants to pay. He feels like that was the right thing to do.
[09:32.000 --> 09:39.000]  I'm sorry. I parked on the wrong place and I'm ready to let's just get square and move on.
[09:39.000 --> 09:48.000]  However, it got amended to where it no longer is specific to only parking.
[09:48.000 --> 09:55.000]  Now they squeed it in where it's fine only misdemeanors or parking.
[09:55.000 --> 10:07.000]  And the problem is that if they get you to elect to go ahead and proceed with the prosecution on written notice only,
[10:07.000 --> 10:11.000]  well then they can use the ticket, the citation, the notice to appear, any notice they want.
[10:11.000 --> 10:14.000]  They might have scribbled something on toilet paper. It doesn't matter.
[10:14.000 --> 10:19.000]  You elected that that's okay and you signed it and you filed it with the court.
[10:19.000 --> 10:22.000]  You didn't know that's what you were signing.
[10:22.000 --> 10:27.000]  You walked into that big old beautiful building and you're looking around at all the marble and everything
[10:27.000 --> 10:31.000]  and you're thinking, well, which room do I need to go to? Which floor?
[10:31.000 --> 10:35.000]  Wow, this is really pretty what they did over there. I wonder how much that mahogany costs.
[10:35.000 --> 10:44.000]  And then you end up over in front of some teller that just pretty much tells you, well, you need to enter a plea.
[10:44.000 --> 10:47.000]  Well, there haven't been any charges yet.
[10:47.000 --> 10:51.000]  Technically, they have to come up with an indictment or an information.
[10:51.000 --> 10:58.000]  And the sworn complaint that the information was based on, that paperwork doesn't exist.
[10:58.000 --> 11:02.000]  They skipped it. They're hoping that you're not going to ask for it.
[11:02.000 --> 11:09.000]  So if you start off by asking to see it, they're sunk.
[11:09.000 --> 11:13.000]  Okay, hold on. Let me read the statute that you're referring to.
[11:13.000 --> 11:14.000]  Yeah.
[11:14.000 --> 11:17.000]  2714 paragraph D.
[11:17.000 --> 11:18.000]  Yes.
[11:18.000 --> 11:27.000]  I have a notice, if written notice of an offense for which maximum punishable, etc.
[11:27.000 --> 11:30.000]  I read it, but I'll try to do that again correctly.
[11:30.000 --> 11:39.000]  If written notice of an offense for which maximum possible punishment is by fine only or a violation
[11:39.000 --> 11:45.000]  relating to the man or time and place of parking has been prepared, delivered and filed with court
[11:45.000 --> 11:49.000]  and a legible duplicate copy has been given to the defendant.
[11:49.000 --> 11:56.000]  The written notice serves as a complaint to which the defendant may plead guilty, not guilty, or no look contending.
[11:56.000 --> 12:04.000]  If the defendant pleads not guilty to the offense or fails to appear based on written notice,
[12:04.000 --> 12:11.000]  a complaint shall be filed that conforms to the requirements of Chapter 45 of this code.
[12:11.000 --> 12:15.000]  That complaint serves as an original complaint.
[12:15.000 --> 12:25.000]  A defendant may waive the filing of a sworn complaint and elect that the prosecution proceed on written notice of the charged offense.
[12:25.000 --> 12:35.000]  If the defendant agrees in writing with the prosecution, signs the agreement and files it with the court.
[12:35.000 --> 12:37.000]  Exactly.
[12:37.000 --> 12:47.000]  And so that last piece right there, that last sentence, a defendant may waive the filing of a sworn complaint and elect.
[12:47.000 --> 12:54.000]  This is on the accused to decide whether or not they want to have their due process rights or they want to skip all of that
[12:54.000 --> 13:00.000]  and just go straight to, you know what, let's go ahead and proceed without all of that.
[13:00.000 --> 13:06.000]  That's fine. It's fine with me if I don't have any of my rights.
[13:06.000 --> 13:09.000]  The problem is they don't tell you that.
[13:09.000 --> 13:10.000]  Exactly.
[13:10.000 --> 13:21.000]  And this is why we're here, to throw roadblocks in front of them.
[13:21.000 --> 13:23.000]  Yeah.
[13:23.000 --> 13:28.000]  Okay, so how do we avoid this?
[13:28.000 --> 13:39.000]  Well, the smart thing to do is when you go into the courtroom, you've got this ticket, the cop give you a ticket and say that you have to show up within 10 days or 30 days or bond or before whatever day.
[13:39.000 --> 13:48.000]  You don't wait. You go immediately. I don't care if the ticket says, well, you should wait five or 10 days to give us a chance to get our computer stuff together.
[13:48.000 --> 13:50.000]  No, you go immediately.
[13:50.000 --> 13:53.000]  If there's still time in the business hours, go straight over there.
[13:53.000 --> 13:56.000]  Go to the courtroom and ask them to see the file.
[13:56.000 --> 14:06.000]  The fact that you showed up over there and asked for it on such and such a day and they didn't have it on such and such a day is going to be useful to you later.
[14:06.000 --> 14:09.000]  And so then you ask.
[14:09.000 --> 14:22.000]  If the citation says that you must appear on or before this certain date, you have required, you have complied with the appearance requirement.
[14:22.000 --> 14:23.000]  Yes.
[14:23.000 --> 14:32.000]  You can file if it's a public information request or something and they will have record that will be something on their paperwork that shows that you were there.
[14:32.000 --> 14:52.000]  I'm going to suggest that you go to the traffic ticket website and fill in the ticket information is fit you out a whole stack of documents and contact the court and ask them if they have an email address.
[14:52.000 --> 14:57.000]  And email all these documents to them.
[14:57.000 --> 15:03.000]  Email is better than snail mail.
[15:03.000 --> 15:09.000]  Because email leaves immutable tracks.
[15:09.000 --> 15:23.000]  They can erase all of their tracks if they want to. And if they think they won't get caught at it because they're forbidden to by law, but they can wreck erase the tracks on your computer.
[15:23.000 --> 15:29.000]  And it's another useful thing on your server.
[15:29.000 --> 15:47.000]  And by doing that, by asking for their email or their facts, if facts is similar, by asking for that, they probably are not going to want to give it to you, which means you immediately right off the bat have them down for failing to perform a duty.
[15:47.000 --> 15:49.000]  And we all know where that goes.
[15:49.000 --> 15:51.000]  Public court.
[15:51.000 --> 15:53.000]  Yeah.
[15:53.000 --> 16:02.000]  If you get there, I have some information request form on my on just just improvements dot website.
[16:02.000 --> 16:15.000]  And if you look carefully at that form, you'll notice that it does not cite open records law public court doesn't cite anything.
[16:15.000 --> 16:22.000]  And the reason being, if you ask for something under open records, they'll say well that falls under public court.
[16:22.000 --> 16:24.000]  So I don't have to comply.
[16:24.000 --> 16:29.000]  If you ask for something under public court, all that falls under record under open records, so I don't have to comply.
[16:29.000 --> 16:36.000]  Well, both of those both of those statements, I don't have to comply are incorrect.
[16:36.000 --> 16:47.000]  They have to comply. If there is any law that requires them to comply, it makes no difference what you state on your document.
[16:47.000 --> 16:51.000]  Your document, your request is not controlling.
[16:51.000 --> 17:00.000]  The law does not only apply when you specifically invoke the law.
[17:00.000 --> 17:04.000]  Rule of law radio is proud to offer the rule of law traffic seminar.
[17:04.000 --> 17:07.000]  In today's America, we live in an us against them society.
[17:07.000 --> 17:12.000]  If we, the people are ever going to have a free society, then we're going to have to stand and defend our own rights.
[17:12.000 --> 17:17.000]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity.
[17:17.000 --> 17:25.000]  Importantly, the right to due process of law traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
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[20:37.000 --> 20:39.000]  Okay, we are back.
[20:39.000 --> 20:42.000]  Randy Kelton, Brett Fountain, rule of law radio.
[20:42.000 --> 20:45.000]  And we're talking about 2714.
[20:45.000 --> 20:53.000]  We discussed something on the break about the judge being authorized to find you guilty with or without evidence.
[20:53.000 --> 20:56.000]  Will you speak to that, Brett?
[20:56.000 --> 21:01.000]  Yeah, I was noticing here that in that same 2714,
[21:01.000 --> 21:08.000]  the unnerving behavior of judges
[21:08.000 --> 21:14.000]  just whimsically coming to whatever the way they can come to a guilty conclusion
[21:14.000 --> 21:17.000]  and they say you're guilty beyond a reasonable doubt.
[21:17.000 --> 21:18.000]  And it's unnerving.
[21:18.000 --> 21:20.000]  It feels like you've mentioned before.
[21:20.000 --> 21:21.000]  It feels like betrayal.
[21:21.000 --> 21:25.000]  But here, in 2714, it's specifically authorized.
[21:25.000 --> 21:37.000]  It says that if you plead no lo contendre in a misdemeanor case,
[21:37.000 --> 21:42.000]  let's see, made either by the Defender's Counsel, such case Defender's Counsel,
[21:42.000 --> 21:45.000]  by the jury punishment, punishment may be assessed by the court,
[21:45.000 --> 21:51.000]  either upon or without evidence at the discretion of the court.
[21:51.000 --> 21:57.000]  When we said, now I'm annoyed.
[21:57.000 --> 21:58.000]  Annoyed at what?
[21:58.000 --> 22:00.000]  Is your being of fun doing okay?
[22:00.000 --> 22:08.000]  No, that sounds like it's not in paramateria with the Corpus Juris.
[22:08.000 --> 22:11.000]  So I'm speaking a new language here.
[22:11.000 --> 22:13.000]  It's not consistent.
[22:13.000 --> 22:18.000]  Paramateria means consistent to the whole.
[22:18.000 --> 22:22.000]  And Corpus Juris is the body of law.
[22:22.000 --> 22:29.000]  It would seem to bypass all of my due process rights
[22:29.000 --> 22:35.000]  and authorize the judge to find me guilty arbitrarily and capriciously.
[22:35.000 --> 22:36.000]  Right.
[22:36.000 --> 22:42.000]  But it's only in this 2714, if instead you were to go to the top of 27
[22:42.000 --> 22:46.000]  and look at what are the defendant's pleadings in 2702,
[22:46.000 --> 22:50.000]  you would never tell you that you have one of the normal pleadings
[22:50.000 --> 22:57.000]  as a motion to set aside or an exception to an indictment or information
[22:57.000 --> 22:59.000]  for some matter of former substance.
[22:59.000 --> 23:02.000]  That's the first one, and that's what we tend to do often.
[23:02.000 --> 23:06.000]  Your subject matter challenge goes here.
[23:06.000 --> 23:08.000]  Special appearance that goes to that.
[23:08.000 --> 23:10.000]  Yes.
[23:10.000 --> 23:12.000]  You have a special plea.
[23:12.000 --> 23:18.000]  I had a judge say he didn't know what that was in the picture case.
[23:18.000 --> 23:19.000]  Wow.
[23:19.000 --> 23:25.000]  I wrote him up a special appearance and the municipal judge said he didn't know what that was.
[23:25.000 --> 23:32.000]  A municipal judge told me that that only applies in civil, not criminal.
[23:32.000 --> 23:34.000]  I'll say whatever they want to.
[23:34.000 --> 23:37.000]  What I always say when they do something like that,
[23:37.000 --> 23:43.000]  I had a prosecutor tell me once that I was here with this woman and I'm her paralegal.
[23:43.000 --> 23:47.000]  And he said, well, you can only be a paralegal to a lawyer.
[23:47.000 --> 23:51.000]  And I said, where'd you come up with that?
[23:51.000 --> 23:54.000]  Did you just make that up?
[23:54.000 --> 24:00.000]  And he was just stopped in his tracks because he had.
[24:00.000 --> 24:01.000]  He knew what I was asking him.
[24:01.000 --> 24:06.000]  I was asking him for statutory or case law support for his assertion.
[24:06.000 --> 24:09.000]  He never make a proactive statement of law as your own mouth.
[24:09.000 --> 24:13.000]  And he didn't have any law to back up what he told me.
[24:13.000 --> 24:20.000]  And that's generally whenever a judge or anybody else makes a proactive statement of law out of their own mouth.
[24:20.000 --> 24:24.000]  I asked him, did you just make that up?
[24:24.000 --> 24:29.000]  Well, I'll tell you what, I took that card out of your playbook and I used it over in Richardson.
[24:29.000 --> 24:31.000]  It was a prosecutor.
[24:31.000 --> 24:35.000]  She was an assistant city attorney and she's the one that was making stuff up.
[24:35.000 --> 24:37.000]  Well, he doesn't have any right to discovery.
[24:37.000 --> 24:39.000]  This is not a civil matter.
[24:39.000 --> 24:42.000]  And I looked over at the judge.
[24:42.000 --> 24:47.000]  I looked over at the prosecutor and I said, your honor, I think she's making stuff up.
[24:47.000 --> 24:54.000]  And that prosecutor looked like I had slapped her.
[24:54.000 --> 25:02.000]  So I had to do a little check box in my inside and say, thank you, Rudy.
[25:02.000 --> 25:06.000]  They tend not to see that coming.
[25:06.000 --> 25:13.000]  It was like when a lawyer in a, I think it was Judge Hayes' court,
[25:13.000 --> 25:16.000]  asked me, Mr. Calhoun, are you an attorney?
[25:16.000 --> 25:18.000]  Oh, no, no.
[25:18.000 --> 25:20.000]  Sleep well at night, keep my hands in my own pockets.
[25:20.000 --> 25:22.000]  Thank you very much.
[25:22.000 --> 25:27.000]  And besides, I'm not here dangling by my bar card.
[25:27.000 --> 25:31.000]  And she was visibly set back.
[25:31.000 --> 25:35.000]  Stop dinner tracks.
[25:35.000 --> 25:40.000]  I like those things that nice pattern interruptions.
[25:40.000 --> 25:43.000]  She had nothing to say about that.
[25:43.000 --> 25:50.000]  She thought a minute and then she said, I'm not here dangling by my bar card either.
[25:50.000 --> 25:54.000]  I said, well, maybe we should bar grieve you again because we'd already bar grieve you.
[25:54.000 --> 25:58.000]  Your honor.
[25:58.000 --> 26:00.000]  Oh, that was fun.
[26:00.000 --> 26:02.000]  Anyway, okay, I'm sorry.
[26:02.000 --> 26:05.000]  I digress and I interrupt.
[26:05.000 --> 26:11.000]  Well, here in the Code of Criminal Procedure, chapter 27, it says, article 2702,
[26:11.000 --> 26:16.000]  defendants' pleadings, the pleadings and motions of the defendant shall be.
[26:16.000 --> 26:22.000]  And it gives a list of several things here that you can plead that normally they don't tell you about.
[26:22.000 --> 26:27.000]  They tell you you only have three options.
[26:27.000 --> 26:31.000]  They say that you can plead guilty or not guilty or no contest.
[26:31.000 --> 26:35.000]  Some of them do the flowery words with no low contender A. It's the same thing.
[26:35.000 --> 26:37.000]  No contest.
[26:37.000 --> 26:44.000]  And that's effectively guilty plus you get a probation, maybe you don't get it put on your record.
[26:44.000 --> 26:48.000]  But it's still guilty and they get to part of this 2714.
[26:48.000 --> 26:53.000]  If you signed up for that, then they can say, well, he played guilty.
[26:53.000 --> 26:58.000]  Or he played no contest.
[26:58.000 --> 27:05.000]  We're going to treat this like there was evidence and he's guilty completely.
[27:05.000 --> 27:10.000]  Another thing at the very end of this list, as you'll see it says in number eight, it says,
[27:10.000 --> 27:17.000]  and any other motions or pleadings that are by law permitted to be filed.
[27:17.000 --> 27:25.000]  So that's kind of like in our Constitution list says, and any other rights are reserved.
[27:25.000 --> 27:29.000]  So it spells out several of them.
[27:29.000 --> 27:34.000]  And then it says any others that are by law permitted to be filed.
[27:34.000 --> 27:36.000]  So they don't tell you about that.
[27:36.000 --> 27:41.000]  And they certainly don't want you to know about that first one because that would tear up their entire revenue stream.
[27:41.000 --> 27:49.000]  If everybody would file this pleading number one, they wouldn't have any way to collect.
[27:49.000 --> 27:54.000]  It's important for that one to be there.
[27:54.000 --> 28:08.000]  And this is why the owner, you cannot file an exception to the sufficiency of the charging instrument once trial has started.
[28:08.000 --> 28:13.000]  You have to. It has to be one of the first things you do and then they have it listed first.
[28:13.000 --> 28:24.000]  And that's that's why we have in on the tickets ticket site, we have a.
[28:24.000 --> 28:26.000]  What I call it.
[28:26.000 --> 28:38.000]  When that is a special special appearance, the special appearance is a charge, a challenge to the venue of the court.
[28:38.000 --> 28:39.000]  Not exactly.
[28:39.000 --> 28:48.000]  It's a charge alleging that the court does not have jurisdiction over you.
[28:48.000 --> 28:56.000]  And you ought to make you order the demand that they prove up their authority over you.
[28:56.000 --> 29:02.000]  You're not saying they don't have jurisdiction over the subject matter.
[29:02.000 --> 29:06.000]  Just that they don't have jurisdiction over you, the person.
[29:06.000 --> 29:17.000]  And the primary reason is, is that the complaint itself is insufficient to invoke the subject matter jurisdiction of the court or jurisdiction of the court over you.
[29:17.000 --> 29:18.000]  Hang on.
[29:18.000 --> 29:20.000]  Just about to go to break here.
[29:20.000 --> 29:24.000]  We got Scott with Scott from Texas.
[29:24.000 --> 29:35.000]  I think I know who that Scott is, but he's someone who used to come on the show a long time ago, but he just kind of dropped out of sight.
[29:35.000 --> 29:36.000]  So maybe that's him.
[29:36.000 --> 29:42.000]  So since he hasn't been around a long time, we just may make him wait a while just to annoy him.
[29:42.000 --> 29:47.000]  This is his Randy Kelton Brett's fountain rule of law radio.
[29:47.000 --> 29:51.000]  I call in number 5126461984.
[29:51.000 --> 29:56.000]  And if anybody will call in, we'll take them before Scott just to be annoying.
[29:56.000 --> 30:02.000]  We'll be right back.
[30:02.000 --> 30:09.000]  Thousands of Florida motorists convicted of DUI may very well have been driving under the blood alcohol limit.
[30:09.000 --> 30:15.000]  I'm Dr. Catherine Albrecht and I'll be back with a tale of bad breathalysers and a government cover up in a moment.
[30:15.000 --> 30:17.000]  Privacy is under attack.
[30:17.000 --> 30:21.000]  When you give up data about yourself, you'll never get it back again.
[30:21.000 --> 30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.000 --> 30:27.000]  So protect your rights.
[30:27.000 --> 30:31.000]  Say no to surveillance and keep your information to yourself.
[30:31.000 --> 30:33.000]  Privacy, it's worth hanging on to.
[30:33.000 --> 30:37.000]  This public service announcement is brought to you by startpage.com.
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[30:44.000 --> 30:47.000]  Ever hear the term fine farming?
[30:47.000 --> 30:53.000]  It's when cops find innocent people to bring in revenue and it's apparently big business in the Sunshine State of Florida.
[30:53.000 --> 30:59.000]  This case involves breathalysers used to convict thousands of Florida motorists for DUI violations.
[30:59.000 --> 31:04.000]  Recently, reporters discovered that the devices were improperly calibrated.
[31:04.000 --> 31:08.000]  State officials knew about it for two and a half years but did nothing.
[31:08.000 --> 31:14.000]  In fact, the head of Florida's breath testing program ordered inspectors not to document the problem.
[31:14.000 --> 31:19.000]  A DUI conviction can ruin somebody's life, but now that the cover up has been exposed,
[31:19.000 --> 31:22.000]  perhaps Florida drivers can breathe a bit easier.
[31:22.000 --> 31:27.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.000 --> 31:32.000]  I lost my son.
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[31:39.000 --> 31:43.000]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:43.000 --> 31:47.000]  Although the official explanation is that fire brought down Building 7,
[31:47.000 --> 31:51.000]  over 1,200 architects and engineers have looked into the evidence
[31:51.000 --> 31:53.000]  and believe there is more to the story.
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[31:56.000 --> 31:58.000]  Go to building what.org.
[31:58.000 --> 32:01.000]  Why it fell, why it matters, and what you can do.
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[32:45.540 --> 32:50.660]  So if those out-of-town roofers come knocking, your door should be locked in.
[32:50.660 --> 32:56.740]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[32:56.740 --> 33:03.740]  These counts are based on full roof replacement, mean I actually be kidding about chemtrails.
[33:26.740 --> 33:36.580]  Okay, we are back.
[33:36.580 --> 33:44.740]  Randy Kelton, Brett Fountain, Rule of Law Radio, I still want to see Brett Stevens.
[33:44.740 --> 33:55.180]  Brett Fountain, Rule of Law Radio, and we're talking about 2714, yeah, 2714, and one statute
[33:55.180 --> 33:58.620]  when you're speaking to you, 2702 when we're not...
[33:58.620 --> 34:01.420]  Yes, 2702 and subsection one there.
[34:01.420 --> 34:04.620]  Oh, but I was also going to just mention that you were talking about special appearance,
[34:04.620 --> 34:10.020]  and if anybody wants to look that up, that is Rule 120A, and it's in the Texas Rules
[34:10.020 --> 34:17.460]  of Civil Procedure, TRCP, and it's Rule 120A, Special Appearance.
[34:17.460 --> 34:27.220]  And the reason the court said that only applies to civil is because it's in civil.
[34:27.220 --> 34:33.020]  What the court should know, and I would say the court knows it because it should, but
[34:33.020 --> 34:36.140]  I'm not sure they do.
[34:36.140 --> 34:40.140]  Criminal is a subset of civil.
[34:40.140 --> 34:47.700]  Well, the rules of criminal procedure, the Code of Criminal Procedure does not cover
[34:47.700 --> 34:49.020]  everything.
[34:49.020 --> 34:58.860]  It covers issues that are specific to a certain type of a court case, and that one is a criminal
[34:58.860 --> 35:08.420]  prosecution as opposed to a family law proceeding or a probate proceeding.
[35:08.420 --> 35:14.060]  Anything that's not covered in the Code of Criminal Procedure, then it falls back to
[35:14.060 --> 35:18.020]  the Rules of Civil Procedure.
[35:18.020 --> 35:22.620]  So they want to do this little song and dance.
[35:22.620 --> 35:27.340]  So when they say that, I say, okay, in that case, Your Honor, there is no procedure for
[35:27.340 --> 35:31.860]  filing motions, setting motions for hearing, hearing motions, all these things we're doing
[35:31.860 --> 35:38.620]  in this court, you have no authority to do these things.
[35:38.620 --> 35:41.380]  Where did you get the authority?
[35:41.380 --> 35:46.340]  Then watch them, their drool dribble off their chin while they're trying to figure out how
[35:46.340 --> 35:47.340]  to answer you.
[35:47.340 --> 35:48.340]  Okay, go ahead.
[35:48.340 --> 35:53.340]  So you want to go back to 2714?
[35:53.340 --> 35:55.540]  Yeah, well, no.
[35:55.540 --> 36:03.060]  Now I'm liking 2702, pleadings and motions of the defendant shall be the motion to set
[36:03.060 --> 36:12.500]  aside or an exception to an indictment or information for some matter of a form or substance.
[36:12.500 --> 36:23.700]  Form or substance, a complaint shall run in the name of the state of Texas and shall state
[36:23.700 --> 36:32.380]  that the complainant has reason to believe and does believe.
[36:32.380 --> 36:38.940]  Texas as far as I know, is the only state that has that prescription on how a complaint
[36:38.940 --> 36:40.780]  is to be structured.
[36:40.780 --> 36:44.820]  I've never seen that in any other state.
[36:44.820 --> 36:50.380]  But if a complaint does not run in the name of the state of Texas and start out with,
[36:50.380 --> 36:55.020]  I have reason to believe and do believe.
[36:55.020 --> 37:03.100]  I have some complaint forms on the Jurisprudence.Website, and they all start with exactly that
[37:03.100 --> 37:10.420]  because that is a statutory prescription, an objection to form.
[37:10.420 --> 37:14.780]  And you can find that, anybody that's wanting to look at that, you can find that in a Code
[37:14.780 --> 37:15.780]  of Criminal Procedure.
[37:15.780 --> 37:24.820]  It's in Chapter 15, it's 1504 and 1505 that tells about what a complaint needs to have.
[37:24.820 --> 37:29.180]  And it does say these things that Randy's describing right now.
[37:29.180 --> 37:30.860]  And Texas is the only one that has it.
[37:30.860 --> 37:35.060]  The other ones you can pretty well, in any other state, you can structure a complaint
[37:35.060 --> 37:36.780]  any way you want to.
[37:36.780 --> 37:40.420]  It only goes to substance.
[37:40.420 --> 37:50.820]  So the substance part is, does it allege a set of facts that amount to the violation
[37:50.820 --> 37:53.420]  of a specific statute?
[37:53.420 --> 38:02.460]  And by amount to a violation, it means does it allege all the essential elements?
[38:02.460 --> 38:11.900]  If it fails to allege a single element, like how the person falls within the statutory
[38:11.900 --> 38:16.420]  scheme, then it's insufficient on its face.
[38:16.420 --> 38:21.860]  It is insufficient to invoke the subject matter jurisdiction to the court.
[38:21.860 --> 38:24.820]  And that's why we come in with a special appearance.
[38:24.820 --> 38:29.860]  We're saying that, I come in at arm's length to this court.
[38:29.860 --> 38:33.740]  I'm not standing under its jurisdiction.
[38:33.740 --> 38:37.620]  And I demand that this court prove its jurisdiction.
[38:37.620 --> 38:40.540]  And we have some guys who used to do that.
[38:40.540 --> 38:46.660]  They would stand outside the bar and they would tell them, I'm at arm's length to the
[38:46.660 --> 38:57.780]  court and I do not intend to pass this bar until you establish your authority over me.
[38:57.780 --> 39:03.500]  Now the onus is on the court to prove that it has jurisdiction.
[39:03.500 --> 39:10.220]  When you challenge it, it is not the prosecutor who has to prove jurisdiction.
[39:10.220 --> 39:13.500]  The judge will generally have the prosecutor do that.
[39:13.500 --> 39:18.500]  But it is the duty of the judge to prove jurisdiction because the prosecutor is not ordering you
[39:18.500 --> 39:21.380]  around.
[39:21.380 --> 39:27.220]  The prosecutor only speaks to the judge when you're in court, never speak to the prosecutor
[39:27.220 --> 39:30.900]  unless you ask the judge's permission.
[39:30.900 --> 39:34.540]  You're only there to speak to the judge and the prosecutor is only there to speak to the
[39:34.540 --> 39:36.540]  judge.
[39:36.540 --> 39:39.900]  Prosecutor doesn't order you to come to court, the judge does.
[39:39.900 --> 39:44.500]  When he does that, he has to have authority to do it.
[39:44.500 --> 39:49.660]  When he does that, it is presumed that he has a jurisdiction to do so.
[39:49.660 --> 39:53.420]  Until such time as you challenge that jurisdiction.
[39:53.420 --> 40:02.220]  Now you can't be compelled to cross the threshold of the bar until he proves up that jurisdiction.
[40:02.220 --> 40:07.540]  That's the story that's sticking to it.
[40:07.540 --> 40:08.660]  So I like that one.
[40:08.660 --> 40:13.540]  A special plea as provided in Article 2705 of this code denies...
[40:13.540 --> 40:14.540]  It doesn't matter.
[40:14.540 --> 40:15.540]  Okay.
[40:15.540 --> 40:20.700]  Generally, a special plea is a special appearance.
[40:20.700 --> 40:22.060]  That's what the special plea is.
[40:22.060 --> 40:27.100]  It's a challenge to subject matter jurisdiction, a claim of double jeopardy.
[40:27.100 --> 40:32.260]  Well, in this case, it would be that he's already been prosecuted for that offense,
[40:32.260 --> 40:34.180]  but it's not usually the case.
[40:34.180 --> 40:35.740]  I think there's one more special plea.
[40:35.740 --> 40:38.780]  I don't remember what it is off hand, but it wouldn't apply here.
[40:38.780 --> 40:42.740]  A plea of not guilty, a plea of no look and tenee.
[40:42.740 --> 40:46.500]  So the first one is a plea to the jurisdiction simply.
[40:46.500 --> 40:47.500]  Yes.
[40:47.500 --> 40:51.900]  And you'll notice it doesn't speak, it doesn't say that you're going to complain, you're
[40:51.900 --> 40:56.900]  going to ask to set aside or complain and make you raise an exception to a problem with
[40:56.900 --> 40:58.900]  the complaint.
[40:58.900 --> 41:04.140]  It only talks about the indictment or the information, because let's touch on again
[41:04.140 --> 41:06.620]  what a complaint is for.
[41:06.620 --> 41:12.860]  A complaint is supposed to be somebody, anybody who's a credible person who believes that
[41:12.860 --> 41:19.580]  a crime got committed submits a document, they signed it and say, I believe that a crime
[41:19.580 --> 41:20.580]  was committed.
[41:20.580 --> 41:24.780]  And a complaint is not given to a judge.
[41:24.780 --> 41:33.360]  Now, the person may also be a judge, but when he gets a complaint, it doesn't invoke his
[41:33.360 --> 41:34.980]  duty as a judge.
[41:34.980 --> 41:38.140]  It invokes his duty as a magistrate.
[41:38.140 --> 41:39.140]  Go ahead.
[41:39.140 --> 41:40.140]  I'll stop interrupting.
[41:40.140 --> 41:41.140]  Okay.
[41:41.140 --> 41:43.140]  I said I'll stop interrupting.
[41:43.140 --> 41:47.420]  I'll stop interrupting a little bit.
[41:47.420 --> 41:48.420]  So there are two places.
[41:48.420 --> 41:55.820]  I mentioned chapter 15 that defines the parameters of what is a valid complaint.
[41:55.820 --> 42:00.900]  There's 1504 and 1505 that describe how a complaint would be legitimate, but that's
[42:00.900 --> 42:03.020]  about a criminal complaint.
[42:03.020 --> 42:10.220]  Now, you've got over in chapter 45, you have some of the nearly the same language and they
[42:10.220 --> 42:15.100]  define also the requirements of a complaint.
[42:15.100 --> 42:19.580]  And it's very similar, but it also allows for dealing with code ordinances and municipal
[42:19.580 --> 42:22.580]  stuff that's not really a crime.
[42:22.580 --> 42:27.580]  And the subtlety is just very subtle, the differences that are there and who can be
[42:27.580 --> 42:29.780]  sworn before and so forth.
[42:29.780 --> 42:37.540]  And that becomes key when you look at 2714 and you see that in 2714, subsection D, you
[42:37.540 --> 42:43.500]  read this a little while ago already, it says here that if the defendant pleads, a complaint
[42:43.500 --> 42:48.460]  shall be filed that conforms to the requirements of chapter 45.
[42:48.460 --> 42:53.340]  And that complaint serves as an original complaint.
[42:53.340 --> 42:56.860]  So let's see, what is an original complaint supposed to do?
[42:56.860 --> 43:02.420]  Some credible person is supposed to swear out that he believes that a crime was committed.
[43:02.420 --> 43:06.180]  And then an authorized individual, in this case it would be a magistrate, would take
[43:06.180 --> 43:10.220]  a look at that and say, you know what, I think this needs to go to trial, it looks like that
[43:10.220 --> 43:11.220]  could really be a crime.
[43:11.220 --> 43:14.460]  I don't know if he did it or not, but that sounds like a crime.
[43:14.460 --> 43:20.220]  And they write up an information, if it's the attorney that's looking at it, the district
[43:20.220 --> 43:24.100]  attorney or the county attorney would draw up an information based off of that, or if
[43:24.100 --> 43:27.900]  it's a magistrate, then he would take it to the grand jury and they would do an indictment.
[43:27.900 --> 43:32.220]  But either way, somebody has to look at this and say, is this a legitimate crime?
[43:32.220 --> 43:37.780]  Okay, let me explain the difference between those two so this makes sense.
[43:37.780 --> 43:45.720]  It is presumed that complaints are filed by private citizens, not by lawyers.
[43:45.720 --> 43:51.900]  So the form of a complaint is informal.
[43:51.900 --> 43:58.780]  So when a prosecutor receives a complaint, I think it's Article 205.
[43:58.780 --> 43:59.780]  He is required to...
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[46:22.140 --> 46:39.140]  Okay, we are back.
[46:39.140 --> 46:44.140]  Randy Kelton found and survived the dive off the cliff.
[46:44.140 --> 46:49.140]  Okay, we're talking about complaining information.
[46:49.140 --> 47:00.140]  The prosecutor, when he gets a complaint, he's learning counsel, and he knows what a proper complaint should look like.
[47:00.140 --> 47:06.140]  But he can't alter the complaint that's been filed because it's a verified affidavit.
[47:06.140 --> 47:07.140]  He can't change it.
[47:07.140 --> 47:11.140]  So he makes up a document and calls it an information.
[47:11.140 --> 47:15.140]  It is merely a complaint in proper form.
[47:15.140 --> 47:20.140]  So I have people ask me all the time, what should a complaint look like?
[47:20.140 --> 47:24.140]  And I always tell them in information, go down to the court.
[47:24.140 --> 47:27.140]  Every state I've looked at has this.
[47:27.140 --> 47:34.140]  Go down to the court and pull any criminal case, especially felonies are best because you're sure to have it,
[47:34.140 --> 47:37.140]  and look for the information.
[47:37.140 --> 47:43.140]  That's what a criminal complaint should look like in this state.
[47:43.140 --> 47:51.140]  Except you take where it says information out and put in complaint, and you've got it.
[47:51.140 --> 47:56.140]  I'll shut up now.
[47:56.140 --> 48:04.140]  So for a complaint, when the complaint gets presented by an authorized individual,
[48:04.140 --> 48:08.140]  let's look at the municipal court because it depends on the different jurisdictions.
[48:08.140 --> 48:16.140]  So if there's going to be a criminal case, let's say it's traffic and the municipal court is going to deal with it.
[48:16.140 --> 48:22.140]  Okay, so they have subject matter jurisdiction over fine only class C misdemeanors.
[48:22.140 --> 48:23.140]  That's good.
[48:23.140 --> 48:24.140]  Check that box.
[48:24.140 --> 48:28.140]  However, their jurisdiction has not been invoked.
[48:28.140 --> 48:31.140]  Do they have jurisdiction over that kind of thing?
[48:31.140 --> 48:32.140]  Yes.
[48:32.140 --> 48:37.140]  But statutorily, it's there, but it's like it's dormant.
[48:37.140 --> 48:38.140]  It's inert.
[48:38.140 --> 48:40.140]  It has not been invoked.
[48:40.140 --> 48:45.140]  It has to wake up by the presentment of the proper paperwork.
[48:45.140 --> 48:54.140]  And that proper paperwork is the indictment or information and the complaint that the information was based on.
[48:54.140 --> 48:57.140]  They have to be filed together, and I'm going to show you where that's located.
[48:57.140 --> 49:06.140]  That's Code of Criminal Procedure Chapter 21, 21.22 is where that's located.
[49:06.140 --> 49:09.140]  Let me pull that up and I can read it to you.
[49:09.140 --> 49:16.140]  And one other thing while you're pulling that up, there's one other document nobody ever talks about.
[49:16.140 --> 49:26.140]  When the complaint is presented to the magistrate, when it's presented to a judge, the judge becomes a magistrate.
[49:26.140 --> 49:37.140]  His hat comes off, his magistrate hits, hats come on, and he must make a determination of problem cause and issue an order under 16.17.
[49:37.140 --> 49:43.140]  If you go to Travis County, Texas, you'll find those orders in the record.
[49:43.140 --> 49:45.140]  They actually have them.
[49:45.140 --> 49:50.140]  No other county I've ever looked at had them.
[49:50.140 --> 50:01.140]  If a disorder under 16.17 is not filed within 48 hours, the defendant has a right to, what's the term?
[50:01.140 --> 50:02.140]  Discharge.
[50:02.140 --> 50:03.140]  Discharge.
[50:03.140 --> 50:04.140]  Blow free.
[50:04.140 --> 50:09.140]  I'm not sure if that means have the charges dropped.
[50:09.140 --> 50:12.140]  No, you can walk.
[50:12.140 --> 50:14.140]  You're free to go.
[50:14.140 --> 50:24.140]  That's what I was thinking, met, let him out of jail, and there is no, it's not a finding of no probable cause.
[50:24.140 --> 50:28.140]  And it's not a dismissal.
[50:28.140 --> 50:32.140]  It's just there's no action created against you.
[50:32.140 --> 50:41.140]  And that's important because most counties, you go look in the record and they do this magistration thing they talk about.
[50:41.140 --> 50:45.140]  There's no 16.17 order.
[50:45.140 --> 50:47.140]  There won't be one at all.
[50:47.140 --> 50:52.140]  So then that's a, you get to invoke 16.17.
[50:52.140 --> 50:53.140]  Okay.
[50:53.140 --> 50:54.140]  Did you find it?
[50:54.140 --> 50:56.140]  21.22.
[50:56.140 --> 50:59.140]  It says information based on complaint.
[50:59.140 --> 51:08.140]  No information shall be presented until affidavit has been made by some credible person charging the defendant with an offense.
[51:08.140 --> 51:13.140]  Affidavit shall be filed with the information.
[51:13.140 --> 51:16.140]  And so then it goes on to talk about who gets sworn before.
[51:16.140 --> 51:20.140]  But those two documents are supposed to be filed together.
[51:20.140 --> 51:27.140]  And there's some case law that says for the purpose of filing a criminal complaint.
[51:27.140 --> 51:28.140]  I'm sorry.
[51:28.140 --> 51:29.140]  No, this is statute.
[51:29.140 --> 51:35.140]  If I remember what's at a prosecuting attorney is not a credible person.
[51:35.140 --> 51:45.140]  It starts with in order to avoid the obvious evils of the accumulation of powers anymore in any one office.
[51:45.140 --> 51:53.140]  For the purpose of filing a criminal complaint, a prosecuting attorney is not a credible person.
[51:53.140 --> 51:56.140]  So the prosecutor can't initiate the complaint.
[51:56.140 --> 52:03.140]  It has to be initiated by me or you, you or I ordinary citizens.
[52:03.140 --> 52:07.140]  And when a policeman, a policeman does it, he's also an ordinary citizen.
[52:07.140 --> 52:09.140]  That's the capacity.
[52:09.140 --> 52:10.140]  Okay.
[52:10.140 --> 52:11.140]  I'll shut up.
[52:11.140 --> 52:17.140]  Well, in you referenced a moment ago, chapter two, it's 2.05.
[52:17.140 --> 52:31.140]  It says that the district attorney or county attorney would take the indictment or information and they would have just drawn up that information based on the complaint that was brought to them.
[52:31.140 --> 52:36.140]  And they take that complaint of the information and they present it to a court having jurisdiction.
[52:36.140 --> 52:46.140]  So if you can picture in your mind, you have a district attorney or a county attorney dealing with the accusation paperwork over here.
[52:46.140 --> 52:56.140]  And then he makes a legitimate version of it or a standardized version of it and takes the both of them together and walks over to the municipal court.
[52:56.140 --> 53:02.140]  And slaps it down on their desk and says, okay, I've got a case that I'm commencing here.
[53:02.140 --> 53:07.140]  That kind of behavior lines up perfectly with the due process protections we have.
[53:07.140 --> 53:14.140]  If you look at article one, section 10 of the Constitution.
[53:14.140 --> 53:30.140]  If you look at the article five, section 12B of the Constitution and the article one, section 10 would be of the code of criminal procedure and they pretty much match up each other.
[53:30.140 --> 53:41.140]  One, the code of criminal procedure is saying the same thing that a criminal case starts by the presentment of an indictment or an information.
[53:41.140 --> 53:47.140]  So you don't have a complaint mentioned in there as any possible way to get a case going.
[53:47.140 --> 53:50.140]  Why does everybody try to focus on a complaint?
[53:50.140 --> 53:52.140]  Wow, it's so much easier for them.
[53:52.140 --> 53:56.140]  And they do have some language for that in chapter 45.
[53:56.140 --> 54:09.140]  Even if it was designed for parking tickets and even if it does stretch to include some things like code enforcement, municipal code violations, they could use it for that.
[54:09.140 --> 54:15.140]  But it's much easier if they can skip all the due process and go straight to the part where they collect your money, isn't it?
[54:15.140 --> 54:31.140]  If they can get you when you first walk in the door, if they can get you to enter a plea, then they've got you to elect to skip all of the due process protections that we've had for our rights.
[54:31.140 --> 54:39.140]  And instead, you have elected, they tell you, well, you're not going to be able to see a judge until you set it for trial and just sign right here.
[54:39.140 --> 54:40.140]  We'll put it on the calendar.
[54:40.140 --> 54:49.140]  They don't tell you that the backing for that is this code of criminal procedure 2714, subsection D. Skip all my rights, please.
[54:49.140 --> 54:50.140]  I wave everything.
[54:50.140 --> 54:54.140]  Actually, a friend of mine went down in Arlington, Texas.
[54:54.140 --> 55:01.140]  Their document actually says, I wave all my rights and there's a checkbox that's pre-checked for you when you sign that document.
[55:01.140 --> 55:03.140]  That's pretty amazing.
[55:03.140 --> 55:15.140]  My friend didn't realize what he was signing because they asked him to sign on one of those little digital pads because he said he wanted to go in and see a magistrate and have his examining trial.
[55:15.140 --> 55:18.140]  And they said, oh, the magistrate, yeah, well, he's not here.
[55:18.140 --> 55:23.140]  You'll have to just set up for a calendar and we'll get it set up for trial signed right here.
[55:23.140 --> 55:30.140]  So he signed the little digital pad there and they took his signature and applied it to there.
[55:30.140 --> 55:35.140]  I, the defendant, elect to wave all my rights and I plead whatever it was.
[55:35.140 --> 55:44.140]  I plead not guilty and I want a trial and so they basically forged a document and we got to hit them for that.
[55:44.140 --> 55:57.140]  But yeah, it specifically says in 2714 that if you elect to proceed on written notice only because they didn't have the indictment or information,
[55:57.140 --> 56:02.140]  if you elect to go ahead and proceed, like, hey, yeah, let's set that up for trial.
[56:02.140 --> 56:03.140]  I'm not guilty.
[56:03.140 --> 56:11.140]  So once you make that election, then they have every right to go ahead and reading what the rest of that said what Randy just read a moment ago.
[56:11.140 --> 56:15.140]  The prosecutor can prepare a complaint after the fact.
[56:15.140 --> 56:22.140]  Excuse me, but does that just not stand out to everybody that after the fact they're going to come up with the accusation?
[56:22.140 --> 56:29.140]  Anyway, so they have a complaint that they prepare that will serve as the original complaint.
[56:29.140 --> 56:39.140]  The complaint that never existed and would have had to exist in order to be the basis of an information and both of them filed together in that court.
[56:39.140 --> 56:49.140]  So if their little document that they come up that's designed for parking tickets and municipal code violations can serve as the original complaint.
[56:49.140 --> 56:51.140]  How about that?
[56:51.140 --> 56:55.140]  Only if they can get you to jump through certain hoops.
[56:55.140 --> 56:56.140]  Yes.
[56:56.140 --> 57:07.140]  But when you go in, the prosecutor, if you object to the no complaint, the prosecutors will say that they can proceed on the complaint alone.
[57:07.140 --> 57:09.140]  They love to say that, don't they?
[57:09.140 --> 57:10.140]  Yes, they do.
[57:10.140 --> 57:12.140]  But it's not true.
[57:12.140 --> 57:15.140]  You know where they get that, though?
[57:15.140 --> 57:18.140]  That used to be true.
[57:18.140 --> 57:24.140]  Back before 1999, that was that was the way things were.
[57:24.140 --> 57:29.140]  And it actually said that we had some unconstitutional language in our statutes.
[57:29.140 --> 57:34.140]  But we still have unconstitutional language.
[57:34.140 --> 57:38.140]  But it is law until it's declared unconstitutional.
[57:38.140 --> 57:39.140]  Yes.
[57:39.140 --> 57:50.140]  Well, back in 1999, in May of 1999, our 76th legislature fixed that problem for us in Chapter 45.
[57:50.140 --> 57:52.140]  They eliminated it completely.
[57:52.140 --> 57:55.140]  There used to be a 45.01.
[57:55.140 --> 58:04.140]  And it said that the complaint was the way that the proceedings would be commenced in a municipal court, or I think it said municipal or corporate court or something like that.
[58:04.140 --> 58:08.140]  And it was saying that the complaint was the way that it was going to get started.
[58:08.140 --> 58:11.140]  And it had a whole lot of language in there about parking, too.
[58:11.140 --> 58:13.140]  But they took that all of that out completely.
[58:13.140 --> 58:15.140]  It doesn't even exist anymore.
[58:15.140 --> 58:19.140]  If you look to 45.01, it doesn't exist.
[58:19.140 --> 58:25.140]  They have a 001, I think now, but they used to just be 45.01.
[58:25.140 --> 58:31.140]  If you look that up, you'll have to fight it in a version that was before 1999.
[58:31.140 --> 58:42.140]  That should be listed in the statute with a notice repealed.
[58:42.140 --> 58:50.140]  If they didn't, then the publisher of the statute needs to be challenged.
[58:50.140 --> 58:54.140]  Would you like to make more definite progress in your walk with God?
[58:54.140 --> 59:01.140]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.140 --> 59:06.140]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:06.140 --> 59:13.140]  It's an accurate translation, and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.140 --> 59:18.140]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.140 --> 59:27.140]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ, and how to build up the church.
[59:27.140 --> 59:40.140]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
[59:40.140 --> 59:44.140]  That's 888-551-0102.
[59:44.140 --> 01:00:00.140]  Or visit us online at bfa.org.
[01:00:15.140 --> 01:00:23.140]  Markets for Wednesday the 6th of February, 2019.
[01:00:23.140 --> 01:00:37.140]  Open with gold at $1,313.70. Silver, $15.77. Copper, $2.83. Oil, Texas crude, $3.66. Brank crude, $61.98.
[01:00:37.140 --> 01:00:45.140]  And cryptos in order of market capitalization, Bitcoin, $3,401.64. Ripple, XRP, $0.29.
[01:00:45.140 --> 01:00:54.140]  Ethereum, $103.10. Eos is at $2.32 of crypto coin.
[01:00:54.140 --> 01:01:09.140]  Today in History, the year 1918, British women over the age of 30 who meet minimum property qualifications get the right to vote when the Representation of the People Act of 1918 was passed by Parliament.
[01:01:09.140 --> 01:01:33.140]  In recent news, several Texas-based organizations filed a lawsuit today requesting that a federal court stop the state from flagging about 95,000 people as potentially illegally registered to vote. The list was compiled after an 11-month-long investigation by the office of the Texas Secretary of State and the Texas Department of Public Safety, which sought to identify non-U.S. citizens who were registered to vote when obtaining nature arbitrage license.
[01:01:33.140 --> 01:01:45.140]  Over half of the 95,000 did indeed vote, it seems. However, further controversy was raised when it became clear that some of the names were not, in fact, belonging to those who were non-citizens and registered.
[01:01:45.140 --> 01:01:50.140]  Apparently, around 25% of all Latino immigrants become naturalized, gaining the right to vote.
[01:01:50.140 --> 01:02:05.140]  Registered voters who receive letters querying their citizenship have 30 days to respond with proof of eligibility. Texas Attorney General Ken Paxton and David Whitley, the Texas Secretary of State, have yet to officially comment regarding this list and any updates pertaining to it.
[01:02:05.140 --> 01:02:20.140]  A Texas man of only 24 years old, William Brown, died from a severed artery in his neck after a vape pen exploded while he was using it. It apparently happened in the parking lot of the vape shop where he got it.
[01:02:20.140 --> 01:02:28.140]  An X-ray revealed that a piece of metal was embedded in his brainstem. The vape store's smoke and vape DZ has refused to comment.
[01:02:28.140 --> 01:02:47.140]  First edition anchorwoman, Kristen Diaz, interviewed Aislin Campbell, the executive director of Grow Local, South Texas, concerning the upcoming Texas Organic Farmers and Gardeners Association conference, which will be taking place at the Corpus Christi Omni Hotel from February 14th to 16th, 6 to 9 p.m.
[01:02:47.140 --> 01:02:59.140]  You can find the interview at kiitv.com. This is Rick Rode with your lowdown for February 6th, 2019.
[01:03:17.140 --> 01:03:45.140]  Okay, we are back. Wendy Hilton. We're at the fountain with our radio and we're...
[01:03:45.140 --> 01:04:00.140]  Brett, are you... Donna, are we ready to go to Scott? Or let me bring Scott in first to see if he has anything. Scott, do you have anything relevant to this discussion or do you have a different issue?
[01:04:00.140 --> 01:04:18.140]  Well, actually, the discussion y'all have been drilling down into is great because you're kind of separating... There's so many entanglements here to kind of trying to pack. It's not even funny.
[01:04:18.140 --> 01:04:31.140]  You know, I have to give Jay a lot of credit too because he was always saying, you know, it's all civil law and, you know, they just incorporate crime, quasi-criminal law.
[01:04:31.140 --> 01:04:35.140]  Jay, you talking about Jay, bad friend?
[01:04:35.140 --> 01:04:39.140]  Jay, good friend.
[01:04:39.140 --> 01:04:41.140]  How is that old buzzard?
[01:04:41.140 --> 01:04:57.140]  You know, I hadn't spoken to him in quite some time. He flew out up there to South Carolina, I think, where his son is, and they've been parked out there and he's gone to the worm farm for all I know now.
[01:04:57.140 --> 01:05:06.140]  The worm farm? Okay. If you contact him, have him call me. I hadn't talked to your buzzard in a long time. Okay, go ahead. I interrupted.
[01:05:06.140 --> 01:05:33.140]  Yeah, so, but you know, and speaking about a lot of the code, even if you really start looking at criminal code other than, you know, murder and, you know, the blatantly obvious common law type crimes, most of the criminal code is written for the government.
[01:05:33.140 --> 01:05:38.140]  And that's what that was all of, which is naming my own code.
[01:05:38.140 --> 01:05:53.140]  Well, I'm not going to complain about the criminal code. You know, I do a show with Pastor Massad and he talks about, he says that his show is the most pro-government show on radio.
[01:05:53.140 --> 01:06:15.140]  And I empathize with that. We are pro-government. I've maintained that Texas has the best corporate jurists, a body of law of any state in the union, but all of the states have very well-structured bodies of law.
[01:06:15.140 --> 01:06:31.140]  The problem is not the law. The problem is, is our public officials are not following the law. The problem is, is you and I, as the masters of the servants, are not holding our servants to the rule of law.
[01:06:31.140 --> 01:06:43.140]  If we follow the law the way it's written, this law has had such a long time to develop sophistication that just about every remedy we need is there. We just got to find it.
[01:06:43.140 --> 01:06:45.140]  Yeah, that's good.
[01:06:45.140 --> 01:06:59.140]  The remedy, you know, is like being buried like, you know, he's, I can't believe Brett, you know, is going back and finding laws that are being omitted back from 1999 and they're not.
[01:06:59.140 --> 01:07:17.140]  It all goes, you know, but it all kind of goes hand in hand. They've really been able to squash out some stuff and then you just get usurped on your rights from, from the jump and no, you know, and it's, you know, I got a little knowledge on the people's part, you know, for wine.
[01:07:17.140 --> 01:07:46.140]  So not, okay, okay, okay, okay, perfect segue. We've been developing this tool to have a way of collecting all of these little details and caveats and permutations in the law and structuring them in a way that they will be presented to the individual when they're relevant.
[01:07:46.140 --> 01:07:50.140]  That's what this electronic lawyers all about.
[01:07:50.140 --> 01:07:58.140]  And Monday, I have a conference call with my team with a company in Alberta, Canada.
[01:07:58.140 --> 01:08:21.140]  We may actually get the first part of this project launched. We get funding, and we will be putting together a set of tools. What we're talking about tonight, what Brett has brought up is exactly the kinds of issues that need to be incorporated into this tool.
[01:08:21.140 --> 01:08:43.140]  Down the road, I have this idea that we can create a tool and an app essentially that will run on your computer. You go into court and you set your computer on the, on the table there and it has a microphone that listens to everything that's going on in the court.
[01:08:43.140 --> 01:09:03.140]  I have a programmer, an AI programmer now, Lawn Cherry Holmes, who came to me because of this show, who is developing a set of algorithms. He's teaching the tool how to read and understand the codes.
[01:09:03.140 --> 01:09:23.140]  This tool can listen to what's being spoken in court. When a case is mentioned, it will look up the case. When a statement is referenced relative to that case, the system will search through the case for that reference.
[01:09:23.140 --> 01:09:37.140]  And when an argument is made relative to that, we will teach the tool to compare the argument made to the position of the case.
[01:09:37.140 --> 01:09:55.140]  A pro se litigant will have access to this tool. It will be the accumulated knowledge of all of the lawyers that have participated and all of the case law that has been accumulated.
[01:09:55.140 --> 01:10:03.140]  We will eliminate the profession of lawyer and get the lawyers to help us to do it.
[01:10:03.140 --> 01:10:16.140]  If I don't, if I sound excited, it's because I am. Okay, I erupted you against Scott and you haven't called in for quite a while, so I haven't had opportunity to interrupt you.
[01:10:16.140 --> 01:10:19.140]  So I'm trying to make up for it all the time.
[01:10:19.140 --> 01:10:37.140]  I know I've been busy putting together my insurance company and now by this time next year, I'll have it all pretty well on autopilot. Anybody in Texas needs help with their Medicare or under 65 insurance, go to DallasMMS.com.
[01:10:37.140 --> 01:10:50.140]  Let me tell you a story about Scott and his insurance thing. I got these people calling me saying, you got Social Security and Medicare. We can help you out.
[01:10:50.140 --> 01:10:57.140]  So finally I got tired of hanging up on him and I listened to him and he said, okay, we've got all these great plans.
[01:10:57.140 --> 01:11:11.140]  And I told him what I had and he said, oh, that's what I would have referred you to. And I told him this was set up by an old redneck North Texas.
[01:11:11.140 --> 01:11:16.140]  So Scott set mine up and he did a really good job.
[01:11:16.140 --> 01:11:17.140]  Yeah.
[01:11:17.140 --> 01:11:23.140]  I hate to say that because I know he's going to get the big head, but he did.
[01:11:23.140 --> 01:11:32.140]  But these guys that are promoting all kind of stuff talk to me, you got, oh, well, gee whiz, that's what I would have referred you to.
[01:11:32.140 --> 01:11:42.140]  I thought that was, I enjoyed that. Anyway, okay, so that's your, that's your only good thing I'm going to say about you, Scott, and I'm choking on that.
[01:11:42.140 --> 01:11:50.140]  Oh, I know. Well, you know, I'll get you back or at least you fall off the cliff on a regular basis. Is it about time to fall off the cliff?
[01:11:50.140 --> 01:11:59.140]  No, I'm watching this time. I got five. Since it's you talking, I don't have to concentrate on what you're saying.
[01:11:59.140 --> 01:12:02.140]  I can watch the clock.
[01:12:02.140 --> 01:12:04.140]  Are you feeling the love?
[01:12:04.140 --> 01:12:10.140]  Oh, yeah, the love is in the air. Oh, wait, my zipper's down. Hang on.
[01:12:10.140 --> 01:12:25.140]  No, but like I say, you know, drilling down into and separating out this whole thing about, you know, how they're conflating, you know, your rights and being served and, you know, putting in the special appearance.
[01:12:25.140 --> 01:12:34.140]  I had the courts. I went up there and took all the paperwork off the traffic ticket website down to the last case I was at.
[01:12:34.140 --> 01:12:41.140]  And I literally was there about 20, 30 minutes having them because they file stamped each page.
[01:12:41.140 --> 01:12:46.140]  And there was a hundred and some pages and two, three sets of copies.
[01:12:46.140 --> 01:12:51.140]  So they had 300 pages of file stamp. Oh, they were happy.
[01:12:51.140 --> 01:13:04.140]  And it was okay because the judge, by the time he even told me he goes, if I wasn't a judge right now, I'd love to sit around and pick your brain because I put together a legal brief that they just could not deny.
[01:13:04.140 --> 01:13:11.140]  Especially after you start pulling information requests from the Texas Department of Transportation on their authority to enforce the traffic.
[01:13:11.140 --> 01:13:22.140]  Per Chapter 4 of the Texas Administrative Code, specifically 644.101.701.001. And then present that and have the officer read that on in the court.
[01:13:22.140 --> 01:13:28.140]  He doesn't even have the authority. And where did you get this? Oh, it's free. And it came from the state of the Texas, you know, attorney.
[01:13:28.140 --> 01:13:30.140]  Oh, yeah. Have a nice day.
[01:13:30.140 --> 01:13:42.140]  And so it really starts bringing them around when they start having people stand up and start showing how you guys are wrong. And I can prove it using your own laws.
[01:13:42.140 --> 01:13:51.140]  I didn't write it. I just read it. So that is a good quote. Where the heck did you come up with that?
[01:13:51.140 --> 01:14:01.140]  I made that up and somebody stole it and started just using the heck out of it.
[01:14:01.140 --> 01:14:06.140]  I get no respect.
[01:14:06.140 --> 01:14:17.140]  Okay, but yeah, this is, this is a fun part of what we do. And for me, these are the kinds of interactions I like the best.
[01:14:17.140 --> 01:14:22.140]  I like to drill down into the details, but I guess that's the engineer in me.
[01:14:22.140 --> 01:14:33.140]  And speaking of drilling down into the details, we have Leslie on the board with us on the guest bridge.
[01:14:33.140 --> 01:14:36.140]  And she's kind of been sitting back there listening.
[01:14:36.140 --> 01:14:42.140]  Just say hi, Leslie. We're going to get to Leslie shortly with something pretty incredible.
[01:14:42.140 --> 01:14:47.140]  You are not going to want to miss this.
[01:14:47.140 --> 01:14:50.140]  Okay, Scott, we kind of bushwhacked you in the middle there.
[01:14:50.140 --> 01:14:56.140]  Did you have something that you wanted to bring to the table?
[01:14:56.140 --> 01:15:12.140]  No, actually, that was it. I was just going to give Brett a boy and he saw it when I was in court and it was all a learning curve.
[01:15:12.140 --> 01:15:20.140]  I got to tell this story. We were all in Rockwall.
[01:15:20.140 --> 01:15:30.140]  Scott was in court and Brett and his wife and his son came and we had fun with the prosecutors and jerked him around.
[01:15:30.140 --> 01:15:38.140]  And we come out and his, how old was your son at the time, Brett?
[01:15:38.140 --> 01:15:41.140]  He must have been about five.
[01:15:41.140 --> 01:15:53.140]  We were going out and I looked over and we're outside in front of the court and he has dropped his drawers and he's peeing on the next to the sidewalk.
[01:15:53.140 --> 01:15:58.140]  I said, yes, yes.
[01:15:58.140 --> 01:16:06.140]  That was his favorite thing to learn about going out to the country is that you can just take the leak wherever you need to.
[01:16:06.140 --> 01:16:12.140]  So this is what I think of you guys.
[01:16:12.140 --> 01:16:16.140]  Okay, thank you, Scott.
[01:16:16.140 --> 01:16:24.140]  I want to bring on Leslie right after we're about to go to a break. Did you have a closing comment, Scott?
[01:16:24.140 --> 01:16:26.140]  No, like I said, y'all need help.
[01:16:26.140 --> 01:16:29.140]  No, wait, wait, wait, wait, wait. You could say something nice about me.
[01:16:29.140 --> 01:16:35.140]  Oh, okay. DallasMMS.com and Rainey, you're doing a great job.
[01:16:35.140 --> 01:16:45.140]  Shameless self-promotion. You're doing shameless self-promotion on our radio show.
[01:16:45.140 --> 01:16:47.140]  Okay, thank you, Scott.
[01:16:47.140 --> 01:17:00.140]  We're about to go on the break. Randy Kelton, Brett Fountain, we'll be right back.
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[01:17:49.140 --> 01:17:57.140]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
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[01:18:00.140 --> 01:18:05.140]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends.
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[01:19:00.140 --> 01:19:07.140]  This is the Logos Logos RadioNetwork.
[01:19:15.140 --> 01:19:17.140]  Ain't gonna blind me.
[01:19:17.140 --> 01:19:30.140]  Okay, we are back. Randy Kelton, Brett Fountain Rule of Law Radio.
[01:19:30.140 --> 01:19:36.140]  I always want to say Brett Stevens. I had to fix that.
[01:19:36.140 --> 01:19:41.140]  And we've got Leslie here on our guest bridge.
[01:19:41.140 --> 01:19:49.140]  And Leslie's got something to talk about that everybody should put in their playbook.
[01:19:49.140 --> 01:20:00.140]  Leslie, let's talk about arbitration. How do we get there and how do we use it to sting them good?
[01:20:00.140 --> 01:20:07.140]  Okay. You have to start with a contract that includes an arbitration clause.
[01:20:07.140 --> 01:20:23.140]  Now, if you look through your mortgage, sometimes they have an arbitration clause where it pertains only to the areas where they would have like fire insurance policy that you would be collecting on.
[01:20:23.140 --> 01:20:27.140]  And they would have to call an arbitration for something like that.
[01:20:27.140 --> 01:20:38.140]  But you can create another kind of a contract that supersedes that contract. I sent you a copy and type of what I used.
[01:20:38.140 --> 01:20:49.140]  And what it does is it asks them to prove up their claim. And it creates another contract. Well, it does that.
[01:20:49.140 --> 01:21:08.140]  Okay. Tell me about this contract. How is this contract created so that it doesn't amount to a contract with covenants that are, I'm trying to think of the word,
[01:21:08.140 --> 01:21:21.140]  so that the contract is binding on both sides and unconscionable. So it doesn't have tenants that are unconscionable to the other side.
[01:21:21.140 --> 01:21:42.140]  Okay. Well, it uses everything they've done against them. And it requires them to prove their claim in a way that pertains to the law of the way the word you call that, the federal reserve.
[01:21:42.140 --> 01:21:53.140]  Okay. Wait, wait, wait. Hold on. Hold on. I'm thinking of the UCC. Credit Ritter.
[01:21:53.140 --> 01:22:03.140]  You see, you know, they pray to movement throws around UCC a lot. That's really the law of contracts. The UCC, they don't really talk about UCC much.
[01:22:03.140 --> 01:22:18.140]  They talk about the law of contracts. So how do we use the law of contracts to trap, to bring them into this contract so that they can't claim that they're unconscionable?
[01:22:18.140 --> 01:22:22.140]  That's what I didn't understand. How do we trap them in the contract?
[01:22:22.140 --> 01:22:31.140]  This is one way you trap them. Do you remember the Credit River decision where they finally admitted there was no money?
[01:22:31.140 --> 01:22:33.140]  Yes.
[01:22:33.140 --> 01:22:46.140]  This brings in a lot of those arguments. And then it says, prove to me where you paid me this when there is no money. And if the Congress said this is such a...
[01:22:46.140 --> 01:23:00.140]  It quotes a lot of the law and a lot of the Congress, the acts of Congress. And then it says that failure to respond with proof of claim is an acceptance.
[01:23:00.140 --> 01:23:02.140]  It's a mission.
[01:23:02.140 --> 01:23:04.140]  Of the contract.
[01:23:04.140 --> 01:23:06.140]  You know...
[01:23:06.140 --> 01:23:20.140]  Failure to respond where there is a duty to respond, the US, the Twill v. US. Okay, where is the duty on the part of opposing party...
[01:23:20.140 --> 01:23:37.140]  You have a previous commitment and ongoing relationship with this other party. And they are obligated to respond to you. And this is why we send it to the QWR office when they...
[01:23:37.140 --> 01:23:39.140]  Wait a minute.
[01:23:39.140 --> 01:23:41.140]  Wait a minute. QWR?
[01:23:41.140 --> 01:23:59.140]  QWR. Your lender always has on the back of his statement for correspondence addresses or QWRs, etc. And we send the contract to that office.
[01:23:59.140 --> 01:24:06.140]  And they're obligated to respond by law because it acts almost like a QWR.
[01:24:06.140 --> 01:24:20.140]  Okay, so you're... Okay, this would be a... Not a commercial contract, but only a residential. And they have a duty when you, at a certain time, when there is a...
[01:24:20.140 --> 01:24:33.140]  You have 30 days to request a QWR. 30 days from the initiation of the contract, 30 days from the time that there is a change of servicer.
[01:24:33.140 --> 01:24:34.140]  Right.
[01:24:34.140 --> 01:24:38.140]  That changes that. That opens the door to a QWR.
[01:24:38.140 --> 01:24:45.140]  Or if they send you a notice of... If they send you a notice of default, you could do that too.
[01:24:45.140 --> 01:24:56.140]  It's also when there's a notice of default. So when you send a qualified written request, then that generally asks for all kinds of disclosures, just like a disclosure document.
[01:24:56.140 --> 01:25:11.140]  And there, the qualified written request in a consumer mortgage establishes the duty to respond as contemplated by TWIL. And that's important.
[01:25:11.140 --> 01:25:18.140]  Okay, now we have a duty to respond, and they fail to respond when they have a duty to respond.
[01:25:18.140 --> 01:25:22.140]  So now, from that, how do we get to the arbitration?
[01:25:22.140 --> 01:25:29.140]  It has an arbitration clause in this. And by failing to respond...
[01:25:29.140 --> 01:25:36.140]  Wait a minute. Hold on. Hold on. Are you saying that consumer protection laws have an arbitration clause in them?
[01:25:36.140 --> 01:25:37.140]  No.
[01:25:37.140 --> 01:25:38.140]  Oh, wonderful.
[01:25:38.140 --> 01:25:47.140]  No. They request this request. And I sent you the request, by the way. I sent it to you in Skype. You should have it right in front of you now.
[01:25:47.140 --> 01:25:51.140]  I have downloaded it. I haven't had time to go through it.
[01:25:51.140 --> 01:25:57.140]  Wow, it's kind of weird. But it does have an arbitration clause.
[01:25:57.140 --> 01:26:03.140]  We're about to launch our project, so I've really been buried in putting together the finer details.
[01:26:03.140 --> 01:26:11.140]  Okay, and for everybody who hasn't been seeing the document too, I'm trying to get all the details on this archive.
[01:26:11.140 --> 01:26:24.140]  So we've got the Qualified Written Request. That was my... When you first talked about this, I was wondering, how do we drag them kicking and screaming into binding arbitration?
[01:26:24.140 --> 01:26:34.140]  And now you've explained it. Qualified Written Request, they fail to respond to the Qualified Written Request, brings us a claim against them,
[01:26:34.140 --> 01:26:53.140]  and the Consumer Protection Act, which is a real estate settlement procedures act, is that the one that requires or that opens the door to arbitration?
[01:26:53.140 --> 01:26:59.140]  No. This is an entirely different thing. This is why they don't know what to do with it.
[01:26:59.140 --> 01:27:11.140]  The first part of it looks like you're saying, prove up the claim, and then in the middle of it, it has an arbitration clause, and it has a warning you must respond.
[01:27:11.140 --> 01:27:16.140]  And they only get 10 days, not 30.
[01:27:16.140 --> 01:27:18.140]  10 days. Wow.
[01:27:18.140 --> 01:27:23.140]  So by the time they're figured out what to do with it, it's too late.
[01:27:23.140 --> 01:27:26.140]  Too late.
[01:27:26.140 --> 01:27:34.140]  That's the part I like. These guys are never in a hurry. They always take your time.
[01:27:34.140 --> 01:27:41.140]  Well, it used to be 60 days. It used to be 60 days for QWR to be answered.
[01:27:41.140 --> 01:27:43.140]  But now they've changed it.
[01:27:43.140 --> 01:27:57.140]  The law changed a few years ago. They have five days to notice you that they receive the QWR, and then they have 30 days to respond to the QWR.
[01:27:57.140 --> 01:27:59.140]  That's with the newest statutes.
[01:27:59.140 --> 01:28:06.140]  Right. Now, the thing with this contract is it doesn't state QWR anywhere on it.
[01:28:06.140 --> 01:28:07.140]  But because...
[01:28:07.140 --> 01:28:12.140]  Which contract specifically are you speaking to?
[01:28:12.140 --> 01:28:19.140]  The contract that...the arbitration contract, the one with the arbitration in it.
[01:28:19.140 --> 01:28:23.140]  Okay. Where is that?
[01:28:23.140 --> 01:28:26.140]  I put it in your Skype about 10 minutes ago.
[01:28:26.140 --> 01:28:31.140]  No, no, no, no, no, no. That's not what I'm talking about. I've got everybody listening. They can't look in my Skype.
[01:28:31.140 --> 01:28:32.140]  Okay.
[01:28:32.140 --> 01:28:33.140]  Where did they work?
[01:28:33.140 --> 01:28:34.140]  All right.
[01:28:34.140 --> 01:28:36.140]  Is this a contract you created?
[01:28:36.140 --> 01:28:40.140]  It's just logged into the law software.
[01:28:40.140 --> 01:28:46.140]  This is something that's been created online somewhere, and I just tweaked it to meet my needs.
[01:28:46.140 --> 01:28:50.140]  But someone else has taken all these arguments.
[01:28:50.140 --> 01:28:55.140]  What I need is to make sure there is statutory support for this contract.
[01:28:55.140 --> 01:29:01.140]  How does this contract gain support in law?
[01:29:01.140 --> 01:29:03.140]  Okay.
[01:29:03.140 --> 01:29:11.140]  The thing is that the Federal Arbitration Act takes it...
[01:29:11.140 --> 01:29:19.140]  And when you have a contract that's arbitratable, it has an arbitration clause in it.
[01:29:19.140 --> 01:29:26.140]  It takes it out of the judge, away from the judge, and into the hands of an arbitration board.
[01:29:26.140 --> 01:29:27.140]  Oh, wonderful.
[01:29:27.140 --> 01:29:29.140]  Hang on. About to go to break.
[01:29:29.140 --> 01:29:35.140]  We will pick this up. I have never heard of the Federal Arbitration Act before.
[01:29:35.140 --> 01:29:36.140]  I'm excited.
[01:29:36.140 --> 01:29:45.140]  Randy Kelton, Brett Fountain, Real Law Radio. I call it number 5126461984.
[01:29:45.140 --> 01:29:48.140]  I thought I'd got the number wrong.
[01:29:48.140 --> 01:29:50.140]  I'm too excited. I can't think straight.
[01:29:50.140 --> 01:30:02.140]  Hang on. We'll be right back.
[01:30:02.140 --> 01:30:09.140]  This performance-enhancing drug shows up on drug tests, but it hasn't been banned from professional sports.
[01:30:09.140 --> 01:30:13.140]  I'm Dr. Catherine Alvrackton. I'll bet you are taking this drug, too.
[01:30:13.140 --> 01:30:15.140]  I'll be back to tell you what it is.
[01:30:15.140 --> 01:30:17.140]  Privacy is under attack.
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[01:30:25.140 --> 01:30:27.140]  So protect your rights.
[01:30:27.140 --> 01:30:31.140]  Say no to surveillance and keep your information to yourself.
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[01:30:45.140 --> 01:30:47.140]  Caffeine, can it make you a better athlete?
[01:30:47.140 --> 01:30:50.140]  The verdict is as muddy as a cup of Joe.
[01:30:50.140 --> 01:30:56.140]  Researchers studying cyclists, runners, and rowers found caffeine does boost performance for short-term power events.
[01:30:56.140 --> 01:31:01.140]  Tennis players' accuracy and speed improved, and they had more endurance to get through the match.
[01:31:01.140 --> 01:31:06.140]  But caffeine doesn't help in all sports, and the correct dose varies widely between individuals.
[01:31:06.140 --> 01:31:09.140]  Caffeine contributes to dehydration.
[01:31:09.140 --> 01:31:13.140]  Plus, it can give you the jitters, and nervousness is the last thing you want in a competition.
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[01:31:20.140 --> 01:31:22.140]  I'm Dr. Catherine Albrecht.
[01:31:22.140 --> 01:31:25.140]  More news and information at CatherineAlbrecht.com.
[01:31:30.140 --> 01:31:36.140]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.140 --> 01:31:38.140]  The government says that fire brought it down.
[01:31:38.140 --> 01:31:43.140]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.140 --> 01:31:46.140]  Over 6,000 of my fellow service members have given their lives,
[01:31:46.140 --> 01:31:49.140]  and thousands of my fellow force respondents have died.
[01:31:49.140 --> 01:31:50.140]  I'm not a conspiracy theorist.
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[01:31:53.140 --> 01:31:55.140]  I'm the father who lost his son.
[01:31:55.140 --> 01:31:58.140]  We're Americans, and we deserve the truth.
[01:31:58.140 --> 01:32:01.140]  Go to RememberBuilding7.org today.
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[01:32:05.140 --> 01:32:08.140]  In today's America, we live in an us-against-them society,
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[01:33:27.140 --> 01:33:42.140]  Okay, we are back.
[01:33:42.140 --> 01:33:45.140]  Randy Kelton, Brett Fountain, Rule of Law Radio,
[01:33:45.140 --> 01:33:50.140]  and we have our special guest, Miss Leslie Badgramoff
[01:33:50.140 --> 01:33:54.140]  from Pennsylvania now in Yuma, Arizona.
[01:33:54.140 --> 01:34:01.140]  Okay, so talk to me about Federal Arbitration Act 90,
[01:34:01.140 --> 01:34:06.140]  Title IX of the United States Code.
[01:34:06.140 --> 01:34:11.140]  That explains basically how to use the arbitration
[01:34:11.140 --> 01:34:14.140]  when you get an arbitration.
[01:34:14.140 --> 01:34:18.140]  It says that if there's an arbitration clause in anything,
[01:34:18.140 --> 01:34:22.140]  the arbitrator is the one that gets to decide
[01:34:22.140 --> 01:34:24.140]  what is arbitratable and what is not.
[01:34:24.140 --> 01:34:27.140]  The court does not get to decide that.
[01:34:27.140 --> 01:34:32.140]  For instance, if one of the parties says,
[01:34:32.140 --> 01:34:35.140]  I'm taking this arbitration, and the other party says,
[01:34:35.140 --> 01:34:37.140]  no, you can't see that.
[01:34:37.140 --> 01:34:40.140]  This isn't work, and this has to be decided in the court.
[01:34:40.140 --> 01:34:42.140]  The court has to say, oh, no, it goes to arbitration
[01:34:42.140 --> 01:34:45.140]  because there's arbitration clause in it.
[01:34:45.140 --> 01:34:47.140]  Okay?
[01:34:47.140 --> 01:34:51.140]  So when you do that, then you can bring it back to the court
[01:34:51.140 --> 01:34:53.140]  and have it confirmed.
[01:34:53.140 --> 01:34:56.140]  Now, a lot of people are afraid of confirmation.
[01:34:56.140 --> 01:35:00.140]  My lawyer said, oh, they have 90 days to get advocated.
[01:35:00.140 --> 01:35:02.140]  I said, so what?
[01:35:02.140 --> 01:35:06.140]  They didn't participate, so they don't get a chance to.
[01:35:06.140 --> 01:35:11.140]  Under Six Corpus Chorus Secundum, Number 155, it says
[01:35:11.140 --> 01:35:14.140]  that two grounds exist for barring a party
[01:35:14.140 --> 01:35:17.140]  from rejecting an arbitration award, namely,
[01:35:17.140 --> 01:35:21.140]  unexcused absence from the arbitration hearing
[01:35:21.140 --> 01:35:24.140]  and lack of good faith and meaningful participation
[01:35:24.140 --> 01:35:26.140]  at the hearing.
[01:35:26.140 --> 01:35:30.140]  So if it's based on default and they never showed up,
[01:35:30.140 --> 01:35:33.140]  they don't get to object.
[01:35:33.140 --> 01:35:39.140]  So it's similar to Walker v. Packer that says,
[01:35:39.140 --> 01:35:47.140]  any claims in the live pleadings not opposed
[01:35:47.140 --> 01:35:50.140]  are judicially admitted.
[01:35:50.140 --> 01:35:52.140]  Exactly.
[01:35:52.140 --> 01:35:54.140]  So it's essentially the same.
[01:35:54.140 --> 01:35:56.140]  And, you know, we have prosecutors that say,
[01:35:56.140 --> 01:36:01.140]  well, we don't have to respond to your pleadings.
[01:36:01.140 --> 01:36:03.140]  That's right. You don't.
[01:36:03.140 --> 01:36:05.140]  But if you don't, there are consequences,
[01:36:05.140 --> 01:36:10.140]  and this is congruent with the rest of the body of law.
[01:36:10.140 --> 01:36:14.140]  So you bring them to the arbitration.
[01:36:14.140 --> 01:36:19.140]  I've never heard of arbitration, the arbitration act.
[01:36:19.140 --> 01:36:25.140]  So as much as I've dealt with the courts and the banks,
[01:36:25.140 --> 01:36:30.140]  that sounds to me something like this issue of
[01:36:30.140 --> 01:36:32.140]  declaratory judgment.
[01:36:32.140 --> 01:36:35.140]  I've never found a lawyer who understood declaratory judgment.
[01:36:35.140 --> 01:36:39.140]  So does anybody out there really understand
[01:36:39.140 --> 01:36:42.140]  Federal Arbitration Act?
[01:36:42.140 --> 01:36:44.140]  Not a lot.
[01:36:44.140 --> 01:36:47.140]  They have to all study upon it unless they're a big corporation lawyer
[01:36:47.140 --> 01:36:49.140]  and they use it a lot.
[01:36:49.140 --> 01:36:52.140]  Now, the only reason they can vacate it
[01:36:52.140 --> 01:36:55.140]  is if it was procured by corruption or fraud,
[01:36:55.140 --> 01:36:59.140]  or if there was partiality or corruption in the arbitrator,
[01:36:59.140 --> 01:37:02.140]  or if the arbitrator was guilty of misconduct
[01:37:02.140 --> 01:37:05.140]  in refusing to postpone a hearing,
[01:37:05.140 --> 01:37:10.140]  or where the arbitrator's exceeded their powers.
[01:37:10.140 --> 01:37:14.140]  So that's the only reason they can be overturned.
[01:37:14.140 --> 01:37:18.140]  So it is a high bar to get over.
[01:37:18.140 --> 01:37:20.140]  Exactly.
[01:37:20.140 --> 01:37:28.140]  And you mentioned about they couldn't just claim fraud or misconduct.
[01:37:28.140 --> 01:37:33.140]  So if the fraud or misconduct could have been detected
[01:37:33.140 --> 01:37:37.140]  before the arbitration,
[01:37:37.140 --> 01:37:40.140]  would you speak to that?
[01:37:40.140 --> 01:37:47.140]  I would think if the award was procured by corruption or fraud.
[01:37:47.140 --> 01:37:48.140]  Yeah.
[01:37:48.140 --> 01:37:51.140]  And they would, in order to overturn it,
[01:37:51.140 --> 01:37:54.140]  even if it was procured by fraud,
[01:37:54.140 --> 01:37:58.140]  they didn't respond and didn't oppose it.
[01:37:58.140 --> 01:37:59.140]  They can't.
[01:37:59.140 --> 01:38:00.140]  They can't.
[01:38:00.140 --> 01:38:03.140]  And that it could have detected the fraud,
[01:38:03.140 --> 01:38:06.140]  then they still can't bring an opposition
[01:38:06.140 --> 01:38:09.140]  because they had a duty to bring it at the time.
[01:38:09.140 --> 01:38:12.140]  The only way they could bring that opposition was to say,
[01:38:12.140 --> 01:38:15.140]  at the time the fraud could not be detected.
[01:38:15.140 --> 01:38:18.140]  It wasn't covered until later.
[01:38:18.140 --> 01:38:21.140]  So if they didn't show up,
[01:38:21.140 --> 01:38:25.140]  even if they claimed to have found fraud later,
[01:38:25.140 --> 01:38:27.140]  then the court has to say,
[01:38:27.140 --> 01:38:31.140]  could you have discovered that fraud
[01:38:31.140 --> 01:38:34.140]  prior to the arbitration,
[01:38:34.140 --> 01:38:37.140]  if you had exercised due diligence?
[01:38:37.140 --> 01:38:42.140]  And if the answer is yes, then too late to bring it.
[01:38:42.140 --> 01:38:43.140]  But in order to bring it,
[01:38:43.140 --> 01:38:47.140]  they have to participate at the hearing.
[01:38:47.140 --> 01:38:48.140]  That was my point.
[01:38:48.140 --> 01:38:50.140]  If you didn't participate,
[01:38:50.140 --> 01:38:52.140]  you come back later and say,
[01:38:52.140 --> 01:38:56.140]  well, fraud mediates everything.
[01:38:56.140 --> 01:38:58.140]  And that's generally what it says.
[01:38:58.140 --> 01:39:02.140]  But this act apparently addressed that and said,
[01:39:02.140 --> 01:39:05.140]  fraud mediates everything,
[01:39:05.140 --> 01:39:08.140]  but you have to plead it.
[01:39:08.140 --> 01:39:11.140]  It's like statute of limitations.
[01:39:11.140 --> 01:39:15.140]  Statute of limitations is not a bar.
[01:39:15.140 --> 01:39:18.140]  It has to be pledged.
[01:39:18.140 --> 01:39:21.140]  And apparently in the arbitration act,
[01:39:21.140 --> 01:39:23.140]  fraud is not a bar.
[01:39:23.140 --> 01:39:25.140]  It has to be pledged.
[01:39:25.140 --> 01:39:28.140]  So if you had evidence of fraud
[01:39:28.140 --> 01:39:30.140]  and you didn't bother to plead it,
[01:39:30.140 --> 01:39:35.140]  sorry, Bubba, life is tough.
[01:39:35.140 --> 01:39:39.140]  Am I addressing this correctly, Leslie?
[01:39:39.140 --> 01:39:43.140]  Yes, absolutely.
[01:39:43.140 --> 01:39:47.140]  So I guess the moral of this story is
[01:39:47.140 --> 01:39:51.140]  everybody should read the Federal Arbitration Act.
[01:39:51.140 --> 01:39:53.140]  Oh, yes.
[01:39:53.140 --> 01:39:54.140]  Oh, yes.
[01:39:54.140 --> 01:39:57.140]  This sounds like great fun.
[01:39:57.140 --> 01:39:59.140]  Yes, it is.
[01:39:59.140 --> 01:40:00.140]  I am preparing...
[01:40:00.140 --> 01:40:02.140]  I know a lot of people doing this now.
[01:40:02.140 --> 01:40:04.140]  I even had to sort of database
[01:40:04.140 --> 01:40:07.140]  so that I could keep track of people.
[01:40:07.140 --> 01:40:12.140]  Well, I have a...
[01:40:12.140 --> 01:40:14.140]  I'm formulating a plan.
[01:40:14.140 --> 01:40:17.140]  I am in the process of creating
[01:40:17.140 --> 01:40:21.140]  a action against the SEC.
[01:40:21.140 --> 01:40:24.140]  I want to sign them up.
[01:40:24.140 --> 01:40:30.140]  And the idea of being able to bring them into arbitration,
[01:40:30.140 --> 01:40:31.140]  I'm reading...
[01:40:31.140 --> 01:40:32.140]  I'm going through the codes
[01:40:32.140 --> 01:40:35.140]  and converting them using these tools.
[01:40:35.140 --> 01:40:39.140]  And Leslie has helped me with these.
[01:40:39.140 --> 01:40:41.140]  So when we get this launched,
[01:40:41.140 --> 01:40:43.140]  Leslie is going to be a part of this project.
[01:40:43.140 --> 01:40:46.140]  So she's looked at how we take apart the codes
[01:40:46.140 --> 01:40:48.140]  in tiny pieces.
[01:40:48.140 --> 01:40:51.140]  And in the codes, I'm finding references.
[01:40:51.140 --> 01:40:54.140]  References to this section.
[01:40:54.140 --> 01:40:58.140]  So I sent a question to...
[01:40:58.140 --> 01:41:00.140]  They have a question line.
[01:41:00.140 --> 01:41:03.140]  The SEC has a place where you can post questions.
[01:41:03.140 --> 01:41:06.140]  I ask a question in this section,
[01:41:06.140 --> 01:41:12.140]  77D paragraph D7A2.
[01:41:12.140 --> 01:41:19.140]  The section references these requirements
[01:41:19.140 --> 01:41:22.140]  in this section.
[01:41:22.140 --> 01:41:26.140]  What does this section refer to?
[01:41:26.140 --> 01:41:28.140]  What is the scope of that reference?
[01:41:28.140 --> 01:41:29.140]  And I ask...
[01:41:29.140 --> 01:41:32.140]  But I have a dozen questions of this nature.
[01:41:32.140 --> 01:41:35.140]  And I got a response from the SEC saying
[01:41:35.140 --> 01:41:38.140]  that they were not required to answer my questions.
[01:41:38.140 --> 01:41:43.140]  Perfect!
[01:41:43.140 --> 01:41:45.140]  I intended to get that,
[01:41:45.140 --> 01:41:48.140]  but I didn't expect to get it that easy.
[01:41:48.140 --> 01:41:52.140]  So I sent them back a response saying that
[01:41:52.140 --> 01:41:55.140]  essentially that the code was intended to be written
[01:41:55.140 --> 01:41:59.140]  so that a reasonable person of ordinary prudence
[01:41:59.140 --> 01:42:03.140]  could read the code and understand it.
[01:42:03.140 --> 01:42:07.140]  Such that two persons of ordinary prudence
[01:42:07.140 --> 01:42:09.140]  could read the code
[01:42:09.140 --> 01:42:13.140]  and not come to different conclusions
[01:42:13.140 --> 01:42:16.140]  as to what the code meant.
[01:42:16.140 --> 01:42:20.140]  I have demonstrated problems with the code
[01:42:20.140 --> 01:42:24.140]  in this regard and asked you for explanation
[01:42:24.140 --> 01:42:26.140]  and you have refused.
[01:42:26.140 --> 01:42:28.140]  Therefore, my only option
[01:42:28.140 --> 01:42:31.140]  is to seek redress in the federal court
[01:42:31.140 --> 01:42:34.140]  in a petition for declaratory adjustment.
[01:42:34.140 --> 01:42:37.140]  So while this is not a threat,
[01:42:37.140 --> 01:42:40.140]  not to be considered as a threat of any kind,
[01:42:40.140 --> 01:42:46.140]  it should be considered as notice and opportunity.
[01:42:46.140 --> 01:42:48.140]  And that was how I ended it.
[01:42:48.140 --> 01:42:51.140]  Notice and opportunity.
[01:42:51.140 --> 01:42:55.140]  Leslie, do you know what a tort...
[01:42:55.140 --> 01:43:01.140]  a notice of tort does?
[01:43:01.140 --> 01:43:05.140]  A notice of tort, it puts them on notice.
[01:43:05.140 --> 01:43:09.140]  In order to pursue a governmental agency,
[01:43:09.140 --> 01:43:12.140]  you have to give them notice.
[01:43:12.140 --> 01:43:14.140]  Right.
[01:43:14.140 --> 01:43:19.140]  Notice of... notice and opportunity to cure.
[01:43:19.140 --> 01:43:22.140]  They need 60 days, don't they, for a...
[01:43:22.140 --> 01:43:23.140]  Exactly.
[01:43:23.140 --> 01:43:26.140]  So I didn't call this a tort letter.
[01:43:26.140 --> 01:43:31.140]  I just told them I was giving them notice and opportunity.
[01:43:31.140 --> 01:43:35.140]  In 60 days, I sued them in the federal court
[01:43:35.140 --> 01:43:39.140]  for declaratory adjustment.
[01:43:39.140 --> 01:43:43.140]  They reject them in the federal court.
[01:43:43.140 --> 01:43:48.140]  And now we'll ask for mediation
[01:43:48.140 --> 01:43:51.140]  and now they can come to the table and we can talk.
[01:43:51.140 --> 01:43:55.140]  If they refuse to come to the table and talk,
[01:43:55.140 --> 01:44:00.140]  now I get to pull out the arbitration act.
[01:44:00.140 --> 01:44:02.140]  Through advances in technology,
[01:44:02.140 --> 01:44:06.140]  our lives have greatly improved except in the area of nutrition.
[01:44:06.140 --> 01:44:09.140]  People feed their pets better than they feed themselves
[01:44:09.140 --> 01:44:11.140]  and it's time we changed all that.
[01:44:11.140 --> 01:44:14.140]  Our primary defense against aging and disease
[01:44:14.140 --> 01:44:17.140]  in this toxic environment is good nutrition.
[01:44:17.140 --> 01:44:20.140]  In a world where natural foods have been irradiated,
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[01:45:58.140 --> 01:46:01.140]  866-LAW-EZ
[01:46:28.140 --> 01:46:37.140]  As we so, so shall be
[01:46:37.140 --> 01:46:41.140]  There were some nutritious prosumatic crucial words
[01:46:41.140 --> 01:46:43.140]  that put on hold.
[01:46:43.140 --> 01:46:45.140]  I thought you're a man,
[01:46:45.140 --> 01:46:47.140]  I thought you're a man,
[01:46:47.140 --> 01:46:49.140]  I thought you're a man,
[01:46:49.140 --> 01:46:51.140]  I thought you're a man,
[01:46:51.140 --> 01:46:53.140]  I thought you're a man,
[01:46:53.140 --> 01:46:55.140]  I thought you're a man,
[01:46:55.140 --> 01:46:59.140]  I thought you're a man,
[01:46:59.140 --> 01:47:01.140]  I thought you're a man,
[01:47:01.140 --> 01:47:03.140]  I thought you're a man,
[01:47:03.140 --> 01:47:07.140]  I thought you're a man,
[01:47:07.140 --> 01:47:09.140]  I thought you're a man,
[01:47:09.140 --> 01:47:12.140]  I thought you're a man,
[01:47:12.140 --> 01:47:17.140]  I thought you were a man,
[01:47:17.140 --> 01:47:23.140]  I thought you're a man,
[01:47:23.140 --> 01:47:32.380]  Grandma, Leslie, from Yuma, Arizona, okay, so we set them up for arbitration and it sounds
[01:47:32.380 --> 01:47:38.860]  like arbitration, although, you know, I've heard arbitration in credit card cases and
[01:47:38.860 --> 01:47:44.860]  stuff and they use it regularly, but not outside of that venue.
[01:47:44.860 --> 01:47:51.700]  And it sounds like, it sounds like something, you know, I use a petition to declare to our
[01:47:51.700 --> 01:47:56.100]  judgements and I haven't found a lawyer who had a clue as to how to deal with that.
[01:47:56.100 --> 01:47:57.620]  So there we screw it up.
[01:47:57.620 --> 01:48:01.860]  It sounds like they tend to screw it up with arbitration as well.
[01:48:01.860 --> 01:48:10.260]  So, once we give them to not adjudicate their rights and you get your default judgment,
[01:48:10.260 --> 01:48:11.260]  what then?
[01:48:11.260 --> 01:48:14.700]  Okay, this is what you do.
[01:48:14.700 --> 01:48:16.700]  You have the contrast.
[01:48:16.700 --> 01:48:22.860]  It has to have something they're required to do that they do not do and it has to say
[01:48:22.860 --> 01:48:31.060]  in there that failure to respond is acceptance of all the terms of the contract, like a warning.
[01:48:31.060 --> 01:48:40.180]  It has to tell them they have 10 days to respond and then they would get a notice of default.
[01:48:40.180 --> 01:48:46.660]  So, Leslie, is it still valid if I file that notice?
[01:48:46.660 --> 01:48:57.500]  And say, Hi, Randy Kelton and the family of Kelton under the authority of God and all
[01:48:57.500 --> 01:49:00.740]  the Patriot garbage I could slide in there.
[01:49:00.740 --> 01:49:06.380]  A sovereign living, yeah, man on land.
[01:49:06.380 --> 01:49:11.580]  So if I put all that in there, does that change the validity of the document?
[01:49:11.580 --> 01:49:13.100]  No.
[01:49:13.100 --> 01:49:21.100]  So if I con them into thinking I'm some patronaut and they ignore it, it's still valid.
[01:49:21.100 --> 01:49:23.100]  Yes, it's still valid.
[01:49:23.100 --> 01:49:29.740]  As long as it has the elements in there, something they're required to do, a, a warning
[01:49:29.740 --> 01:49:36.940]  that if they don't do it, that is an acceptance of the terms of the contract and failure to
[01:49:36.940 --> 01:49:43.580]  do it also proves that they have no claim and your damages will be X number of dollars
[01:49:43.580 --> 01:49:51.260]  and a return of your property or the vacation of the mortgage or deed of trust.
[01:49:51.260 --> 01:50:00.980]  And it also has an arbitration clause in there that requires them to agree that they have
[01:50:00.980 --> 01:50:03.220]  agreed by failing to respond.
[01:50:03.220 --> 01:50:10.460]  They have agreed to this arbitration clause and that you alone have the authority because
[01:50:10.460 --> 01:50:23.180]  they failed to respond, that you alone have the choice of arbitrators and that basically
[01:50:23.180 --> 01:50:26.940]  that and that they're bound by the arbitration because they've been warned.
[01:50:26.940 --> 01:50:27.940]  Okay.
[01:50:27.940 --> 01:50:28.940]  A question, Leslie.
[01:50:28.940 --> 01:50:29.940]  Yes.
[01:50:29.940 --> 01:50:39.540]  If, if I have that notice buried under 20 pages of Patriot mythology trash, does that
[01:50:39.540 --> 01:50:40.540]  make any difference?
[01:50:40.540 --> 01:50:41.540]  It doesn't change.
[01:50:41.540 --> 01:50:46.540]  It needs to be less likely to see it, but it doesn't change the authority.
[01:50:46.540 --> 01:50:51.460]  Brett, Brett's chuckling because he knows where I'm going.
[01:50:51.460 --> 01:50:53.460]  That just sounds devious.
[01:50:53.460 --> 01:50:58.420]  Oh, no, I'm, wait a minute, wait a minute.
[01:50:58.420 --> 01:51:06.540]  You have on the air miss devious.
[01:51:06.540 --> 01:51:12.140]  It doesn't get more devious than Leslie.
[01:51:12.140 --> 01:51:20.460]  I have a 30 page qualified written request filled with all kinds of stuff they don't
[01:51:20.460 --> 01:51:22.460]  have to respond to.
[01:51:22.460 --> 01:51:25.900]  Right at the bottom.
[01:51:25.900 --> 01:51:29.220]  I got this notice of rescission.
[01:51:29.220 --> 01:51:33.420]  They never respond to it because they don't read that far.
[01:51:33.420 --> 01:51:34.420]  Exactly.
[01:51:34.420 --> 01:51:36.860]  Well, I've done that too.
[01:51:36.860 --> 01:51:38.500]  And you know what?
[01:51:38.500 --> 01:51:42.380]  I learned it from you, Leslie.
[01:51:42.380 --> 01:51:49.580]  Well, you know, even the judge, do you know what a judge actually told me?
[01:51:49.580 --> 01:51:55.420]  A foreclosure court judge, he told me, oh, you can't use rescission in foreclosure.
[01:51:55.420 --> 01:52:03.060]  And he quoted a case, well, he said, you can't use Tilla in a foreclosure.
[01:52:03.060 --> 01:52:13.300]  And what he was referring to is a court case that had Tilla set off until, you know, had
[01:52:13.300 --> 01:52:19.980]  they $1,000 and $1,000 and they were trying to set off their mortgage in a foreclosure
[01:52:19.980 --> 01:52:22.940]  and the court wouldn't allow them to make money.
[01:52:22.940 --> 01:52:26.260]  You're talking about Tindu set off?
[01:52:26.260 --> 01:52:27.900]  Yes.
[01:52:27.900 --> 01:52:33.700]  And he said, the court had said that the tender by setup was not allowed because you were
[01:52:33.700 --> 01:52:41.460]  mixing money with an in rem action and they would not allow it in personum and in rem.
[01:52:41.460 --> 01:52:43.660]  You were not allowed to miss.
[01:52:43.660 --> 01:52:48.660]  And the judge took it to mean that rescission couldn't be part of a foreclosure action.
[01:52:48.660 --> 01:52:51.660]  That's why they foreclosed on my house.
[01:52:51.660 --> 01:52:58.380]  They may now own my house for a little while yet because it's still in the court of appeal.
[01:52:58.380 --> 01:52:59.940]  Okay?
[01:52:59.940 --> 01:53:07.420]  And I have this order here from the arbitrator that gives me my house back.
[01:53:07.420 --> 01:53:15.060]  It tells them right in there they have to return my property and give me my money.
[01:53:15.060 --> 01:53:18.380]  And they've already sold your property so they're not going to be able to return your
[01:53:18.380 --> 01:53:19.380]  property?
[01:53:19.380 --> 01:53:24.780]  No, they didn't sell my property yet it still has my stuff in it and it's still in the creditor's
[01:53:24.780 --> 01:53:25.780]  hand.
[01:53:25.780 --> 01:53:27.500]  Oh, okay.
[01:53:27.500 --> 01:53:33.300]  So you may get your property back as well as your default judgment?
[01:53:33.300 --> 01:53:34.300]  Yeah.
[01:53:34.300 --> 01:53:35.300]  Yeah.
[01:53:35.300 --> 01:53:46.580]  Now, Leslie, this didn't have to do anything, have anything to do with the Dragonade action
[01:53:46.580 --> 01:53:47.580]  you filed today?
[01:53:47.580 --> 01:53:48.580]  No.
[01:53:48.580 --> 01:53:49.580]  Okay.
[01:53:49.580 --> 01:53:51.900]  That wasn't true what this was about.
[01:53:51.900 --> 01:53:54.140]  So this is all on the foreclosure issues.
[01:53:54.140 --> 01:53:57.140]  Now, this was on because they didn't respond.
[01:53:57.140 --> 01:53:59.580]  This is a whole new contract.
[01:53:59.580 --> 01:54:06.580]  This supersedes the mortgage contract, supersedes and dismisses all the other contracts.
[01:54:06.580 --> 01:54:08.580]  Okay?
[01:54:08.580 --> 01:54:13.820]  And when they failed to respond, they had 10 days.
[01:54:13.820 --> 01:54:22.780]  I sent them a 72-hour, three-day notice of default, they had three days.
[01:54:22.780 --> 01:54:27.940]  And then we sent them another three-day notice of default.
[01:54:27.940 --> 01:54:36.020]  After the second one, after the final notice of default, I sent a request for arbitration
[01:54:36.020 --> 01:54:43.020]  document and I laid out everything the way I always do, you know?
[01:54:43.020 --> 01:54:47.340]  They sent it to the arbitrator and sent them a copy too.
[01:54:47.340 --> 01:54:48.340]  So they were noticed.
[01:54:48.340 --> 01:54:49.340]  They didn't respond.
[01:54:49.340 --> 01:54:50.340]  Tough luck, kiddo.
[01:54:50.340 --> 01:54:51.340]  They did not object to the arbitration.
[01:54:51.340 --> 01:54:52.340]  They did not object.
[01:54:52.340 --> 01:54:53.340]  They have no standing.
[01:54:53.340 --> 01:54:54.340]  They did not object.
[01:54:54.340 --> 01:54:55.340]  And that's what the arbitrator said.
[01:54:55.340 --> 01:54:56.340]  They didn't object.
[01:54:56.340 --> 01:55:08.500]  He found that he had jurisdiction and everything and all that kind of stuff and he gave me
[01:55:08.500 --> 01:55:15.100]  all the money I ever asked for, dreamed of ever having and my house got back.
[01:55:15.100 --> 01:55:21.020]  So now what I have to do is they forgot one clause in there and they're sending me an
[01:55:21.020 --> 01:55:30.780]  amended award and as soon as my lawyer gets it, he's going to put in all of my documents
[01:55:30.780 --> 01:55:41.060]  that I created which is a notice of confirmation of the award and you have to send that to
[01:55:41.060 --> 01:55:49.580]  the agent for the creditor and then you put in all your documents in the federal court
[01:55:49.580 --> 01:55:55.100]  and you let them sit for 21 days and on the 22nd day, you will get your order and at court
[01:55:55.100 --> 01:56:00.220]  order you could file as a foreign judgment in any state because if the federal court
[01:56:00.220 --> 01:56:09.220]  ordered, it says the same thing that the award gets from the arbitrator and...
[01:56:09.220 --> 01:56:10.220]  Okay.
[01:56:10.220 --> 01:56:19.780]  So essentially, what is the timeline from the award by the arbitrator to your being
[01:56:19.780 --> 01:56:24.300]  able to enforce a claim against their assets?
[01:56:24.300 --> 01:56:25.300]  Okay.
[01:56:25.300 --> 01:56:31.820]  From the time I get my award, I will...
[01:56:31.820 --> 01:56:35.740]  We had proof read it and this was missing something that it needed.
[01:56:35.740 --> 01:56:41.300]  So as soon as we get that, we file in the federal court that's 22 days I will get my
[01:56:41.300 --> 01:56:47.860]  order that confirms the original award.
[01:56:47.860 --> 01:56:57.180]  So that 22 days, I can go and file that into Maricopa County and foreclose on any house
[01:56:57.180 --> 01:56:58.860]  they're trying to sell.
[01:56:58.860 --> 01:56:59.860]  Okay.
[01:56:59.860 --> 01:57:04.140]  Maricopa County, I just came across Maricopa County and I thought I should know where that's
[01:57:04.140 --> 01:57:05.140]  at.
[01:57:05.140 --> 01:57:06.140]  Is that Yuma?
[01:57:06.140 --> 01:57:07.140]  Phoenix.
[01:57:07.140 --> 01:57:08.140]  Okay.
[01:57:08.140 --> 01:57:17.780]  So there's a lot of big money houses there and they have 12 business addresses to what
[01:57:17.780 --> 01:57:19.900]  my attorney's going to do.
[01:57:19.900 --> 01:57:23.780]  If he's going to get ahold of the share of Maricopa County, say we're foreclosing on
[01:57:23.780 --> 01:57:29.620]  three of these business addresses, I want you to get the moving bands there.
[01:57:29.620 --> 01:57:39.300]  I want my money and they're going to go foreclose and watch them sell.
[01:57:39.300 --> 01:57:48.180]  Leslie, you were having way too much fun, you have to contain your enjoyment, nah, forget
[01:57:48.180 --> 01:57:49.180]  about it.
[01:57:49.180 --> 01:57:55.220]  I went to a enough team with this 10 years that I've been fighting these people because
[01:57:55.220 --> 01:57:56.940]  they wouldn't take my money.
[01:57:56.940 --> 01:58:02.980]  Now if you remember Val got this this far, my husband was changing jobs.
[01:58:02.980 --> 01:58:07.660]  When he changed jobs, they were going to give him his pension and we tried to contact our
[01:58:07.660 --> 01:58:12.980]  bank to pay off our mortgage because I didn't want to pay, send them a check and have them
[01:58:12.980 --> 01:58:14.940]  play death end games with me.
[01:58:14.940 --> 01:58:21.500]  I wanted them to go to a title company where I know who I'm paying because this is in 2009
[01:58:21.500 --> 01:58:24.380]  when everybody had all this fraud going on.
[01:58:24.380 --> 01:58:26.180]  Nobody knew who was what.
[01:58:26.180 --> 01:58:34.460]  Ms. Becker in Montgomery County, she didn't even know, she had facts and facts of papers
[01:58:34.460 --> 01:58:40.300]  that couldn't go to settlement because nobody knew who the lender was to pay off.
[01:58:40.300 --> 01:58:46.340]  So I was going to go to a title company to pay off my mortgage and they wouldn't put
[01:58:46.340 --> 01:58:50.380]  me through the customer service until I was on the game board.
[01:58:50.380 --> 01:58:55.820]  The Bible remains the most popular book in the world, yet countless readers are frustrated
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