ROL_2020-02-21_16k_Hr3-4.timecode

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[00:42.640 --> 00:52.440]  Today in history, the year 1916, the Preparedness Day bombing, a timed suitcase bomb was detonated
[00:52.440 --> 00:57.760]  on Market Street in San Francisco during the World War I Preparedness Day parade, killing
[00:57.760 --> 01:04.760]  10 and injuring 40.
[01:04.760 --> 01:09.400]  In recent news, since Governor Greg Abbott signed House Bill 1325, legalizing hemp and
[01:09.400 --> 01:14.040]  a Texas law back in June, county prosecutors around the state, including Houston, Austin,
[01:14.040 --> 01:18.040]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:18.040 --> 01:22.720]  new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:22.720 --> 01:24.720]  to test the herb for THC.
[01:24.720 --> 01:28.440]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.440 --> 01:33.400]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.400 --> 01:34.400]  law.
[01:34.400 --> 01:37.600]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.600 --> 01:42.080]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.080 --> 01:48.240]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.240 --> 01:54.480]  well as other cities, too, like the District Attorney in El Paso, Jaime Esparza, a Democrat
[01:54.480 --> 01:59.000]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.000 --> 02:01.720]  prosecution of marijuana cases in El Paso.
[02:01.720 --> 02:06.760]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.760 --> 02:10.800]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.800 --> 02:13.480]  something illegal based on its chemical makeup.
[02:13.480 --> 02:17.440]  It's important that if someone is charged with something, the test matches what they're
[02:17.440 --> 02:22.600]  charged with.
[02:22.600 --> 02:27.280]  A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.280 --> 02:32.400]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.400 --> 02:37.720]  shark ever captured or recorded, with the other one being found way back in 1979 in
[02:37.720 --> 02:39.520]  the East Pacific Ocean.
[02:39.520 --> 02:43.840]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.840 --> 02:45.680]  its front fins.
[02:45.680 --> 02:53.880]  For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[02:53.880 --> 03:17.120]  This is Rook Rode with your lowdown for July 22nd, 2019.
[03:17.120 --> 03:26.760]  I received my remedy today, came in a box, just like they say, I accepted it for value
[03:26.760 --> 03:32.360]  right away, if not sooner, not later.
[03:32.360 --> 03:39.800]  We are originators and the pathway seems to get straighter every day.
[03:39.800 --> 03:48.000]  And I can take anything that belongs to me and put it to good use, whatever's good for
[03:48.000 --> 03:54.120]  the gander is going to work for the goose.
[03:54.120 --> 04:06.120]  I know some architects, I know some engineers, they see the evidence, they know something
[04:06.120 --> 04:13.400]  that seems clear, what's up with the blatant deception, what is the nature of what you
[04:13.400 --> 04:15.200]  might gain.
[04:15.200 --> 04:21.520]  Okay, we are back, Rule of Law Radio, Randy Kelton, I'm Brett Fountain, and we're talking
[04:21.520 --> 04:23.440]  with Tamara in Colorado.
[04:23.440 --> 04:31.360]  Tamara, when we went out before the sponsors, Randy was talking about filing a bar grievance
[04:31.360 --> 04:36.840]  and in some places, Colorado, they call it a complaint instead of a grievance.
[04:36.840 --> 04:41.400]  But it's the same thing, you're looking at the rules that the attorney is supposed to
[04:41.400 --> 04:48.440]  follow and you find one that you square off with one of them and you say, the attorney
[04:48.440 --> 04:50.040]  did this one wrong.
[04:50.040 --> 04:58.000]  And then in Colorado, you go to the Colorado Supreme Court, I found it, it's ColoradoSupremeCourt.com.
[04:58.000 --> 05:05.000]  And then in there, NAV, you click on complaints slash discipline, and then it says filing
[05:05.000 --> 05:08.480]  a complaint against an attorney.
[05:08.480 --> 05:10.480]  That's at the ColoradoSupremeCourt.com.
[05:10.480 --> 05:16.640]  Now, where do I find out what kind of procedures they're supposed to follow so I can figure
[05:16.640 --> 05:19.960]  out which ones are broken?
[05:19.960 --> 05:23.920]  Well, Randy, do you know where she can find that?
[05:23.920 --> 05:25.320]  I can look it up as well.
[05:25.320 --> 05:33.720]  Yeah, just look up Colorado Attorney rules of professional conduct.
[05:33.720 --> 05:37.360]  Rules of professional conduct, okay.
[05:37.360 --> 05:42.280]  So everything that the attorney said to me today was a lie.
[05:42.280 --> 05:51.200]  Colorado does not run concurrent civil and criminal matters and can cross prosecute.
[05:51.200 --> 05:52.560]  Fred?
[05:52.560 --> 06:00.520]  No, it's not that he lied about all of that.
[06:00.520 --> 06:05.880]  In your particular case, they don't have those claims.
[06:05.880 --> 06:09.920]  It's possible to do what he said, but not in your case.
[06:09.920 --> 06:17.680]  I mean, they can do it, but they won't win it because you have a viable claim.
[06:17.680 --> 06:20.720]  He's the lawyer, he should know that.
[06:20.720 --> 06:24.600]  He's ignoring that, because he's trying to force you into taking a deal.
[06:24.600 --> 06:29.720]  So you're saying I had a viable claim to not return the vehicle and to go ahead and
[06:29.720 --> 06:42.880]  try to seek legal counsel and action in order to get him to comply with our agreement?
[06:42.880 --> 06:45.120]  You could if you wanted to file a civil suit.
[06:45.120 --> 06:52.000]  Yeah, that's what I was trying to do when Colorado Legal Services said they couldn't
[06:52.000 --> 06:55.040]  help me because it was a civil case.
[06:55.040 --> 06:56.040]  So then I tried...
[06:56.040 --> 07:00.680]  They told me to go to small claims court, but because I didn't have the man's address,
[07:00.680 --> 07:01.680]  there was nothing...
[07:01.680 --> 07:05.760]  They wouldn't let me file and they wouldn't help me get his address.
[07:05.760 --> 07:09.840]  So I didn't know what to do and then the next thing I know I was driving and the thing
[07:09.840 --> 07:10.840]  broke down and yeah.
[07:10.840 --> 07:19.680]  But I thought it was resolved that way when they impounded it from the side of the road.
[07:19.680 --> 07:21.680]  But apparently not.
[07:21.680 --> 07:28.600]  Okay, well, you're trying to argue your case to us, I got that part.
[07:28.600 --> 07:34.520]  You had a contractual agreement and you were acting in furtherance of the contractual agreement
[07:34.520 --> 07:38.560]  and now the prosecutor is trying to turn it into a criminal case.
[07:38.560 --> 07:44.880]  Yeah, because he's saying that I did not return it within 24 hours of being told that
[07:44.880 --> 07:51.640]  he wanted it back.
[07:51.640 --> 07:57.920]  Did you file any documents with the prosecutor's office?
[07:57.920 --> 08:00.480]  Did you file a statement?
[08:00.480 --> 08:04.960]  I filed a motion to dismiss.
[08:04.960 --> 08:07.480]  You included all this information?
[08:07.480 --> 08:08.640]  Yes.
[08:08.640 --> 08:12.320]  Okay, then you've covered your base.
[08:12.320 --> 08:16.600]  Well, they're saying that it's worthless.
[08:16.600 --> 08:19.880]  It means nothing.
[08:19.880 --> 08:25.360]  You tell them, we'll see what a jury says about that.
[08:25.360 --> 08:32.000]  See if you can convince a jury that if they buy a car from a dealer and the dealer says,
[08:32.000 --> 08:36.080]  well, I don't like it that I sold you this car, you bring it back.
[08:36.080 --> 08:40.200]  And if you don't bring it back within 24 hours, the prosecutor attorney is going to arrest
[08:40.200 --> 08:41.200]  you.
[08:41.200 --> 08:42.200]  Let's see how that works.
[08:42.200 --> 08:45.400]  Okay, but this wasn't with a dealer.
[08:45.400 --> 08:46.720]  That's nonsense.
[08:46.720 --> 08:51.760]  The prosecutor's making nonsense.
[08:51.760 --> 08:55.520]  You might charge the prosecutor with interfering with a private contract.
[08:55.520 --> 08:58.760]  Oh, you're breaking up what?
[08:58.760 --> 09:06.280]  You might charge the prosecuting attorney with interfering with a private contract.
[09:06.280 --> 09:11.480]  Okay, how do I go about doing that?
[09:11.480 --> 09:16.240]  If there's anybody out there who can help me, please help me.
[09:16.240 --> 09:20.520]  We can't do it all for you, cannot do it all for you.
[09:20.520 --> 09:22.320]  File a criminal complaint.
[09:22.320 --> 09:27.120]  This is not rocket science.
[09:27.120 --> 09:33.560]  Go down to the police department and tell the police that the prosecuting attorney is
[09:33.560 --> 09:41.000]  interfering with a private contract and he's using his office to try to force you to give
[09:41.000 --> 09:44.980]  up a contract and that's forbidden by constitution.
[09:44.980 --> 09:52.640]  That's an act of official misconduct and ask the police to arrest him and they're going
[09:52.640 --> 10:00.000]  to refuse and that's okay.
[10:00.000 --> 10:02.000]  Say that again.
[10:02.000 --> 10:06.880]  When the car broke down and they stopped to help me and then...
[10:06.880 --> 10:10.160]  Don't go into all that again.
[10:10.160 --> 10:11.160]  Okay.
[10:11.160 --> 10:17.600]  File criminal charges against the prosecutor.
[10:17.600 --> 10:33.720]  He is using the prosecutor's office to adjudicate a contract and that's not legal.
[10:33.720 --> 10:40.160]  If you're going to represent yourself, you're going to have to do some reading.
[10:40.160 --> 10:47.520]  We cannot do it all for you and we don't have enough time on this show to educate you and
[10:47.520 --> 10:58.000]  in the most minor and basic issues of law, you need to understand what a criminal complaint
[10:58.000 --> 10:59.000]  is.
[10:59.000 --> 11:06.720]  You file a criminal complaint with a magistrate, you write up a criminal complaint, you write
[11:06.720 --> 11:14.760]  up what happened and you accuse the prosecutor of acting in concert with this person to try
[11:14.760 --> 11:21.200]  to interfere with your private contract, which is forbidden by constitution.
[11:21.200 --> 11:27.320]  So he's exerting or purporting to exert an authority he doesn't have and ask the judge
[11:27.320 --> 11:28.320]  to arrest him.
[11:28.320 --> 11:34.440]  Well, the judge is not going to arrest him, but he is going to contact him.
[11:34.440 --> 11:36.120]  You begin to get their attention.
[11:36.120 --> 11:40.960]  You're not going to get their attention trying to reason with them, trying to be nice to
[11:40.960 --> 11:43.500]  them, trying to do what they want you to do.
[11:43.500 --> 11:46.320]  They don't care.
[11:46.320 --> 11:47.960]  He has a claim.
[11:47.960 --> 11:49.040]  He wants a conviction.
[11:49.040 --> 11:53.800]  No matter what it is, he don't care, right, wrong.
[11:53.800 --> 11:54.800]  He don't care.
[11:54.800 --> 11:56.040]  There's no justice.
[11:56.040 --> 11:59.080]  Perry Mason does not live here.
[11:59.080 --> 12:00.640]  Nobody's going to try to help you.
[12:00.640 --> 12:03.480]  Nobody cares what's right, cares what's wrong.
[12:03.480 --> 12:09.680]  The prosecutor only wants a conviction on everything that comes across his desk and
[12:09.680 --> 12:16.960]  that is all he cares about, except he don't want bad press.
[12:16.960 --> 12:23.320]  He don't want the police asking him questions because somebody's trying to get him arrested.
[12:23.320 --> 12:29.280]  He don't want complaints filed against him with the Supreme Court.
[12:29.280 --> 12:37.160]  He doesn't want political cannon fodder that his next political opponent can use against
[12:37.160 --> 12:45.600]  him, so start filing complaints against him.
[12:45.600 --> 12:48.120]  You don't have to worry about him getting mad at you.
[12:48.120 --> 12:53.440]  They're going to do everything they can to you anyway.
[12:53.440 --> 13:00.400]  They're not going to cut you one half inch of slack is what they do.
[13:00.400 --> 13:06.040]  The only way I've found to deal with them is if they want to fight, give them a good
[13:06.040 --> 13:16.320]  one, but you're going to have to get the codes out and read it.
[13:16.320 --> 13:23.440]  Get the codes out and are the codes that the district attorney has to follow as well?
[13:23.440 --> 13:25.440]  All attorneys.
[13:25.440 --> 13:27.120]  Okay.
[13:27.120 --> 13:31.360]  The district attorney is just a subset.
[13:31.360 --> 13:35.000]  He's an attorney with a special kind of job, but he's still an attorney and he has to follow
[13:35.000 --> 13:37.880]  the rules of attorneys.
[13:37.880 --> 13:48.720]  It's COBAR.org, Colorado B-A-R dot org slash rules of professional conduct and they've
[13:48.720 --> 13:54.240]  got the RPC capitalized rules of professional conduct, but it's all run together.
[13:54.240 --> 13:59.040]  There's no hyphens or dots or anything in there.
[13:59.040 --> 14:00.640]  Just rules of professional conduct.
[14:00.640 --> 14:03.000]  You pull that up and it'll walk you through.
[14:03.000 --> 14:08.960]  You can find something in there that matches their behavior and you know the story.
[14:08.960 --> 14:11.840]  You know what he told you.
[14:11.840 --> 14:15.540]  Just look through there and find something that's the appropriate rule to complain about
[14:15.540 --> 14:21.880]  that he broke and then go to Colorado Supreme Court dot com and follow through their process.
[14:21.880 --> 14:24.560]  File a complaint.
[14:24.560 --> 14:33.720]  One other place to go is go to the American Bar Association and do a search for American
[14:33.720 --> 14:45.160]  Bar Association to see canons of judicial, I'm sorry, what is it, Bradford lawyers.
[14:45.160 --> 14:46.960]  Rules of professional conduct.
[14:46.960 --> 14:56.240]  No, the rules for the prosecution function.
[14:56.240 --> 15:00.480]  Separate set of rules for prosecutors.
[15:00.480 --> 15:07.320]  Look up rules for prosecution function on the American Bar Association site and you
[15:07.320 --> 15:10.600]  will like the stuff you find in there.
[15:10.600 --> 15:15.880]  You mean things like they're supposed to seek justice instead of pursue convictions?
[15:15.880 --> 15:20.520]  It's more specific than that.
[15:20.520 --> 15:29.880]  I used one in court, 3-3.11, where the prosecutor failed to talk to a witness and I got the
[15:29.880 --> 15:35.720]  prosecutor on the stand and asked him why he failed to talk to that witness and he said
[15:35.720 --> 15:40.320]  because he didn't believe me because I told him this witness would tell a different story
[15:40.320 --> 15:41.880]  than their witness.
[15:41.880 --> 15:46.680]  I said, Mr. Prosecutor, you consider yourself an ethical attorney, and he said, yes, I do.
[15:46.680 --> 15:50.640]  Are you familiar with American Bar Association standard 3-3.11?
[15:50.640 --> 15:55.080]  No, Mr. Cutler, I'm not familiar with every single paragraph.
[15:55.080 --> 15:58.640]  Well, let me familiarize you with it then.
[15:58.640 --> 16:05.200]  It says that it is unethical conduct for a prosecuting attorney to refrain from pursuing
[16:05.200 --> 16:11.400]  evidence solely because the evidence may show the innocence of the accused or mitigate the
[16:11.400 --> 16:14.000]  guilt of the accused.
[16:14.000 --> 16:22.640]  I got him in front of the jury on the stand, now, do you still consider yourself an ethical
[16:22.640 --> 16:23.640]  attorney?
[16:23.640 --> 16:30.560]  His little bald head turned nice and bright red, and I was thinking, if I go to jail over
[16:30.560 --> 16:37.920]  this, that's worth it, but look up the standards for the prosecutorial function, you'll find
[16:37.920 --> 16:43.000]  everything you need in there.
[16:43.000 --> 16:47.880]  Where do you file a complaint against a prosecutor?
[16:47.880 --> 16:54.600]  Same place you'd file a complaint against anyone else, with a judge.
[16:54.600 --> 16:55.600]  Not the police department.
[16:55.600 --> 17:03.960]  They'll tell you to go to the police department, absolutely not.
[17:03.960 --> 17:09.440]  That's the 2019 Logos Radio Network annual fundraiser and gun giveaway, sponsored by Central
[17:09.440 --> 17:10.440]  Texas Gunworks.
[17:10.440 --> 17:14.480]  Go to LogosRadioNetwork.com and enter to win.
[17:14.480 --> 17:16.260]  Any amount is appreciated.
[17:16.260 --> 17:18.120]  Everything helps to keep us on the air.
[17:18.120 --> 17:24.520]  From Central Texas Gunworks, the grand prize up for grabs is a Spikes Tactical AR-15.
[17:24.520 --> 17:27.080]  More prizes and sponsors to be announced.
[17:27.080 --> 17:30.280]  Every $25 donation is a chance to win.
[17:30.280 --> 17:35.880]  When you purchase Randy Kelton's ebook, Legal 101, you get four chances to win.
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[17:39.600 --> 17:44.160]  If you've enjoyed the shows on Logos Radio Network, support our fundraiser so we can
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[17:54.580 --> 17:55.580]  to win.
[17:55.580 --> 18:01.920]  Go to LogosRadioNetwork.com for details and donate today.
[18:01.920 --> 18:04.680]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[18:04.680 --> 18:08.280]  In today's America, we live in an us against them society, and if we the people are ever
[18:08.280 --> 18:12.480]  going to have a free society, then we're going to have to stand and defend our own rights.
[18:12.480 --> 18:15.680]  Among those rights are the right to travel freely from place to place, the right to act
[18:15.680 --> 18:19.720]  in our own private capacity, and most importantly, the right to due process of law.
[18:19.720 --> 18:23.560]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[18:23.560 --> 18:24.960]  our rights through due process.
[18:24.960 --> 18:28.920]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the
[18:28.920 --> 18:32.680]  most comprehensive teaching tool available that will help you understand what due process
[18:32.680 --> 18:35.080]  is and how to hold the courts to the rule of law.
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[18:39.080 --> 18:40.080]  ordering your copy today.
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[18:43.560 --> 18:48.160]  The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research
[18:48.160 --> 18:50.480]  documents and other useful resource material.
[18:50.480 --> 18:53.640]  Learn how to fight for your rights with the help of this material from RuleOfLawRadio.com.
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[19:00.640 --> 19:07.640]  If you are listening to the Logos Radio Network, LogosRadioNetwork.com.
[19:07.640 --> 19:18.640]  Well don't let nothing get to you, only the father can deliver you, so don't let bad mind
[19:18.640 --> 19:27.640]  people hurt you and test it and get behind you, know what I mean, my friend, and all
[19:27.640 --> 19:28.640]  of your children.
[19:28.640 --> 19:29.640]  Come on.
[19:29.640 --> 19:37.640]  Trust in God, me friend, tell him your problem then, calling his name once again, miracle
[19:37.640 --> 19:46.640]  you know he worth the aim, trust in God, me friend, telling your problem then, calling
[19:46.640 --> 19:49.120]  his name once again.
[19:49.120 --> 19:51.100]  Okay, we are back.
[19:51.100 --> 19:59.260]  Randy Kelton, Brett and Fountain, Rule of Law Radio, and Tamara, there's a basic understanding
[19:59.260 --> 20:08.140]  of how the law works that everybody needs to have before they go into the courts.
[20:08.140 --> 20:11.580]  I'm gonna go through some of those basics.
[20:11.580 --> 20:19.340]  First thing we need to know is that, and I'm going to bring up a document here, we sell
[20:19.340 --> 20:32.860]  this on the show, it's my Legal 101, and in Legal 101, I explain how law really works
[20:32.860 --> 20:38.300]  as opposed to what they tell you in high school.
[20:38.300 --> 20:43.340]  All that stuff they told me in high school, in social studies, that's what they called
[20:43.340 --> 20:49.340]  it when I was going, was for the most part horse manure.
[20:49.340 --> 20:52.780]  Let's see if there it is.
[20:52.780 --> 20:58.820]  The way it really works is the Constitution.
[20:58.820 --> 21:02.940]  First thing we think about when we hear the Constitution is, I got to lease constitutional
[21:02.940 --> 21:03.940]  rights.
[21:03.940 --> 21:06.580]  Well, no, you don't.
[21:06.580 --> 21:11.540]  The Constitution does not grant you any rights.
[21:11.540 --> 21:15.540]  There's a basic misunderstanding.
[21:15.540 --> 21:18.060]  You already have rights.
[21:18.060 --> 21:31.260]  You can do anything you want to do unless you, in concert with your fellow citizens
[21:31.260 --> 21:42.020]  in this republic, have made the decision that you will limit your rights in certain circumstances,
[21:42.020 --> 21:49.380]  and we codified that agreement in our penal codes and codes of criminal procedure and
[21:49.380 --> 21:51.940]  all these other codes we've got.
[21:51.940 --> 21:57.620]  We all got together, and under the power of our legislature, we had our legislature write
[21:57.620 --> 21:59.620]  all these laws.
[21:59.620 --> 22:12.260]  The point of this is a public official may only do what the law specifically authorizes
[22:12.260 --> 22:14.300]  that public official to do.
[22:14.300 --> 22:21.520]  You on the other hand, you can do anything you want to unless a law specifically forbids
[22:21.520 --> 22:24.360]  you from doing something.
[22:24.360 --> 22:33.100]  What the Constitution does is it addresses certain of the rights that you have and specifically
[22:33.100 --> 22:39.100]  forbids public officials from violating those rights.
[22:39.100 --> 22:42.860]  The Constitution doesn't grant you anything.
[22:42.860 --> 22:46.300]  The Constitution is a restrictive document.
[22:46.300 --> 22:51.060]  It restricts public officials from doing certain things.
[22:51.060 --> 22:53.660]  That's the first thing to understand.
[22:53.660 --> 22:57.700]  The second one is the system's not fair.
[22:57.700 --> 23:02.420]  The system is not designed to be fair.
[23:02.420 --> 23:08.980]  The system is designed to be consistent.
[23:08.980 --> 23:14.620]  Judges are not there to find justice.
[23:14.620 --> 23:20.780]  It is the judge's duty to determine the facts in accordance with the rules of evidence that
[23:20.780 --> 23:25.300]  apply the law as it comes to him to the facts in the case.
[23:25.300 --> 23:32.460]  Don't care what he thinks is just because what he thinks is just will change based on
[23:32.460 --> 23:38.780]  whether or not he had a fight with his wife this morning, whether or not he woke up with
[23:38.780 --> 23:41.260]  a hangover today.
[23:41.260 --> 23:46.160]  Justice is relative, and it's relative to the caprice of the judge.
[23:46.160 --> 23:55.060]  I want my judge to properly apply the law to the facts, and that's it.
[23:55.060 --> 24:03.660]  If the law applied to the facts leads to unjust outcomes, then it is the place of the legislature
[24:03.660 --> 24:08.980]  to change the law so that it leads to just outcomes.
[24:08.980 --> 24:12.740]  It is not the place of the judge to circumvent our legislature.
[24:12.740 --> 24:24.020]  When you go into court, never make a proactive statement of law out of your own mouth.
[24:24.020 --> 24:31.420]  You can go into court and give the judge the most convincing arguments and the most cogent
[24:31.420 --> 24:42.140]  explanations as to why he should ruin your favor, and he cannot unless you give him facts
[24:42.140 --> 24:47.260]  and law as those laws apply to the facts.
[24:47.260 --> 24:51.500]  That's all he can do, and that's all you want him to do.
[24:51.500 --> 24:58.820]  When you go into court, in the trial court, your only purpose there is to put the facts
[24:58.820 --> 25:02.560]  of law before the court.
[25:02.560 --> 25:06.580]  Another issue, another thing that most people don't understand is they think they speak
[25:06.580 --> 25:08.940]  English in court.
[25:08.940 --> 25:11.220]  They don't speak English in court.
[25:11.220 --> 25:15.380]  They speak legalese in court.
[25:15.380 --> 25:23.260]  If you think you understand all these terms and you listen to the words they use and you
[25:23.260 --> 25:30.580]  use the common tongue definition, you can find yourself in a lot of trouble.
[25:30.580 --> 25:36.260]  One of the most common ones that people misunderstand is person.
[25:36.260 --> 25:43.700]  We use the word person in the common tongue, and it always means a living, breathing human
[25:43.700 --> 25:44.700]  being.
[25:44.700 --> 25:54.020]  When it's used in court, it means a living, breathing human being, and it can mean a legal
[25:54.020 --> 26:01.880]  fiction like a corporation, an LLC, an LLP, a company.
[26:01.880 --> 26:08.500]  All these things, there are legal entities under law, and they have certain rights under
[26:08.500 --> 26:09.700]  law.
[26:09.700 --> 26:14.660]  When the term person is used, it can apply to any one of these.
[26:14.660 --> 26:24.620]  There are a lot more terms that are what we call terms of art, in that the term has a
[26:24.620 --> 26:31.620]  common term meaning, but it also has a special meaning within the context.
[26:31.620 --> 26:35.100]  So be careful with the terms that you use.
[26:35.100 --> 26:44.660]  If you read a term and it appears as though that term is used in a specific way, you might
[26:44.660 --> 26:51.140]  want to take a step back and go to Black's Law Dictionary and look that term up.
[26:51.140 --> 26:56.060]  You might be surprised at what you find.
[26:56.060 --> 27:02.300]  The next one, you will never win your case simply because you have the law and the facts
[27:02.300 --> 27:04.840]  on your side.
[27:04.840 --> 27:07.740]  To think so is naive.
[27:07.740 --> 27:11.300]  It is not that way now.
[27:11.300 --> 27:17.900]  Never has been that way since as long as we've had human beings as judges.
[27:17.900 --> 27:25.620]  You will win your case if you have the politics on your side, and all politics is local.
[27:25.620 --> 27:34.980]  I have a friend, Ken Magnussen, and he's got these four rules that are very appropriate.
[27:34.980 --> 27:43.260]  The four rules are, first one is, perception is everything.
[27:43.260 --> 27:46.260]  Second one, everything's political.
[27:46.260 --> 27:50.100]  Third, everything's negotiable.
[27:50.100 --> 27:55.980]  Fourth, document, document, document.
[27:55.980 --> 28:03.500]  Politics, everything's political, and politics goes to perception.
[28:03.500 --> 28:11.600]  The reason I say file a bar grievance against the prosecutor, because it puts ugly marks
[28:11.600 --> 28:19.740]  on his chart that his next political opponent can use against him.
[28:19.740 --> 28:22.380]  They will never be afraid of you.
[28:22.380 --> 28:27.900]  A lot of people in legal reform think they can beat him up and pick on him and get him
[28:27.900 --> 28:29.620]  to be afraid of him.
[28:29.620 --> 28:33.860]  Not going to happen.
[28:33.860 --> 28:41.580]  What you can do is make them afraid of the political cannon fodder you create for their
[28:41.580 --> 28:42.580]  enemies.
[28:42.580 --> 28:50.980]  Six years ago, I got all the highest judges in Texas put in front of the grand jury over
[28:50.980 --> 28:57.300]  some piddling little stuff, filed a habeas corpus, and they demanded a motion for leave
[28:57.300 --> 28:58.540]  to file a habeas corpus.
[28:58.540 --> 29:00.980]  I said, are you kidding me?
[29:00.980 --> 29:06.260]  This is a habeas, the great writ, the writ of right.
[29:06.260 --> 29:14.260]  This court has no power to grant or deny me leave to file, but the clerk said he couldn't
[29:14.260 --> 29:18.380]  take it without it, and I'm trying to get this kid out of jail, so what am I fighting?
[29:18.380 --> 29:20.540]  So I filed a motion for leave to file.
[29:20.540 --> 29:26.620]  They denied me leave to file a habeas corpus.
[29:26.620 --> 29:31.980]  What went straight to the grand jury, it took a year to get it actually put in front of
[29:31.980 --> 29:35.020]  the grand jury, but actually got it done.
[29:35.020 --> 29:38.540]  And I thought it was because of all the pressure I put on him.
[29:38.540 --> 29:43.820]  I bushwhacked the head criminal district judge in his own courtroom with criminal charges
[29:43.820 --> 29:53.220]  against the clerk and the prosecutor and everybody, and I went to the grand jury's office, to
[29:53.220 --> 29:58.340]  the bailiff with a camera crew with me, did all kind of stuff, and I thought that's what
[29:58.340 --> 30:00.340]  it was.
[30:00.340 --> 30:08.860]  Shh, keep your voice down, the government now has Russian technology that matches identities
[30:08.860 --> 30:12.260]  to voices so it can tell who's doing the talking.
[30:12.260 --> 30:16.900]  I'm Dr. Catherine Albrecht, back to tell you how it works after this.
[30:16.900 --> 30:18.620]  Privacy is under attack.
[30:18.620 --> 30:23.020]  When you give up data about yourself, you'll never get it back again, and once your privacy
[30:23.020 --> 30:27.200]  is gone, you'll find your freedoms will start to vanish too.
[30:27.200 --> 30:32.380]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:32.380 --> 30:34.980]  Privacy, it's worth hanging on to.
[30:34.980 --> 30:40.580]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[30:40.580 --> 30:42.320]  Yahoo, and Bing.
[30:42.320 --> 30:46.100]  Start over with StartPage.
[30:46.100 --> 30:50.820]  Since 2001, when the Patriot Act opened the doors to electronic surveillance, Big Brother
[30:50.820 --> 30:54.420]  has gone crazy, vacuuming up all of our data.
[30:54.420 --> 30:59.340]  Now it has a new tactic, courtesy of our former communist allies, the Russians.
[30:59.340 --> 31:04.580]  It's called Voice Grid Nation, and it analyzes and identifies voices, courtesy of Russia's
[31:04.580 --> 31:06.580]  Speech Technology Center.
[31:06.580 --> 31:11.340]  When authorities intercept a call, the speaker's voice is compared to millions of others, like
[31:11.340 --> 31:12.340]  a fingerprint.
[31:12.340 --> 31:14.420]  How long does it take for a match?
[31:14.420 --> 31:15.740]  Three seconds.
[31:15.740 --> 31:20.340]  So watch what you say on the phone, comrades, whether you say your name or not, Big Brother
[31:20.340 --> 31:21.780]  may know who's talking.
[31:21.780 --> 31:31.420]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[31:31.420 --> 31:32.420]  I lost my son.
[31:32.420 --> 31:33.420]  My nephew.
[31:33.420 --> 31:34.420]  My uncle.
[31:34.420 --> 31:35.420]  My son.
[31:35.420 --> 31:36.420]  On September 11th, 2001.
[31:36.420 --> 31:39.700]  Most people don't know that a third tower fell on September 11th.
[31:39.700 --> 31:43.780]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:43.780 --> 31:47.660]  Although the official explanation is that fire brought down Building 7.
[31:47.660 --> 31:51.460]  Over 1,200 architects and engineers have looked into the evidence.
[31:51.460 --> 31:53.420]  I believe there is more to the story.
[31:53.420 --> 31:54.900]  Bring justice to my son.
[31:54.900 --> 31:55.900]  My uncle.
[31:55.900 --> 31:56.900]  My nephew.
[31:56.900 --> 31:57.900]  My son.
[31:57.900 --> 31:58.900]  Go to buildingwhat.org.
[31:58.900 --> 32:02.140]  Why it fell, why it matters, and what you can do.
[32:02.140 --> 32:06.780]  Logos Radio Network welcomes a new show to our lineup for the new year.
[32:06.780 --> 32:13.020]  Scripture Talk with Nana will begin Wednesday, January 8th, from 8 to 10 p.m. Central Time.
[32:13.020 --> 32:16.120]  Our goal is in accord with Matthew 5-16.
[32:16.120 --> 32:21.300]  Let your light so shine before men that they may see your good works and glorify your Father,
[32:21.300 --> 32:22.680]  which is in heaven.
[32:22.680 --> 32:27.500]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:27.500 --> 32:33.040]  Join Nana and guests for both verse-by-verse Bible studies and topical Bible studies designed
[32:33.040 --> 32:36.180]  to provoke unto love and good works.
[32:36.180 --> 32:40.540]  Our verse-by-verse Bible studies will begin in the book of Matthew, where we will discuss
[32:40.540 --> 32:42.320]  one chapter per week.
[32:42.320 --> 32:47.380]  Our topical Bible studies will vary each week and will explore sound doctrine as well as
[32:47.380 --> 32:49.620]  Christian character development.
[32:49.620 --> 32:55.420]  So mark your calendar and join us live on LogosRadioNetwork.com, Wednesdays from 8 to
[32:55.420 --> 33:03.500]  10 p.m. starting January 8th, for an inspiring and motivating discussion of the Scriptures.
[33:03.500 --> 33:21.300]  The Free Speech Radio, LogosRadioNetwork.com.
[33:21.300 --> 33:46.660]  The Free Speech Radio, LogosRadioNetwork.com.
[33:51.300 --> 34:12.500]  Okay, I bailed off the cliff there. When I went out, we were talking about where we were
[34:12.500 --> 34:19.140]  at. Got through the systems for our English spoken court. Never win your case, simply
[34:19.140 --> 34:21.300]  because you have a lot of facts.
[34:21.300 --> 34:25.420]  I did have a question. You were talking about everything's political, and you said Ken had
[34:25.420 --> 34:30.980]  a rule about everything is negotiable. I don't think I've heard you mention about that before.
[34:30.980 --> 34:33.180]  What does that mean, negotiable?
[34:33.180 --> 34:42.580]  Well, the whole point of politics is to bring the other side to the table, and nobody will
[34:42.580 --> 34:50.540]  make a deal with you until they have to. My last case was thrown out to protect my lawyer
[34:50.540 --> 34:51.540]  from me.
[34:51.540 --> 35:01.060]  So is that something that... I'm sorry, is that something that she can do? That her lawyer
[35:01.060 --> 35:06.140]  can get her lawyer to be... So they would dismiss her case to protect her lawyer from
[35:06.140 --> 35:07.140]  her?
[35:07.140 --> 35:14.140]  Absolutely. Once a lawyer is appointed, and then they get a client that's beating them
[35:14.140 --> 35:20.100]  up, the judge feels like they have to protect the lawyer. The lawyer goes to the judge and
[35:20.100 --> 35:26.380]  say, hey, you got to do something. This woman's ruining my career. You have forced me to take
[35:26.380 --> 35:30.460]  this case. Now you got to help me out here.
[35:30.460 --> 35:38.620]  I stood in the courtroom, and my lawyer was up at the bench with the prosecutor and the
[35:38.620 --> 35:43.780]  judge. My lawyer come back to me and said that they had appointed the lawyer without
[35:43.780 --> 35:51.100]  me asking for one. The judge said, Mr. Cutler, do you have counsel? No. Do you want me to
[35:51.100 --> 35:55.580]  appoint you counsel? She said, are you going to hire counsel? Oh, no, no, no. Do you want
[35:55.580 --> 35:59.980]  me to appoint you a lawyer? I don't care what you do. Well, I'm going to appoint you a lawyer.
[35:59.980 --> 36:05.660]  And I told the judge, well, make sure you appoint one you really don't like. And she
[36:05.660 --> 36:11.320]  said, well, I've got an attorney. You get the next one off the wheel. So you're off
[36:11.320 --> 36:18.060]  the hook. He said, yes, I am. Appoint me attorney. Go in this room, and he's telling me how things
[36:18.060 --> 36:23.580]  are going to go. And I let him rattle on for a while. Finally, I said, no, no, no, no.
[36:23.580 --> 36:27.660]  That's not how they're going to go. Well, Mr. Kelton, just how are things going to go
[36:27.660 --> 36:31.700]  then? This is how they're going to go. You're going to go to the judge and ask the judge
[36:31.700 --> 36:36.580]  to remove you from this case. And I'm going to go to the judge and tell the judge, don't
[36:36.580 --> 36:44.220]  you dare remove him from this case. He's my counsel of choice. And he's my counsel of
[36:44.220 --> 36:48.900]  choice, and he's under contract. And the lawyer said, well, I'm not under contract with you.
[36:48.900 --> 36:53.540]  I'm under contact with the state. I said, that's right, you are. But I'm the intended
[36:53.540 --> 36:59.620]  third party beneficiary, and I have standing under the contract. And the judge will remove
[36:59.620 --> 37:04.220]  you from the case. He said, yes, he will. Then I get to sue the judge for interfering
[37:04.220 --> 37:14.820]  with a private contract. The look on the lawyer's face was priceless. I could see it in his
[37:14.820 --> 37:21.060]  eyes that he later said it to me. If he said it once, he said it 20 times. You're going
[37:21.060 --> 37:32.940]  to get me disbarred. I told him, I have motions with 21 issues before the court. You will
[37:32.940 --> 37:40.780]  adequately adjudicate every single one of them. You fail to adequately adjudicate a
[37:40.780 --> 37:51.300]  single one and I'll bar grieve you. Mr. Kelton, you would grieve me in a heartbeat. So now
[37:51.300 --> 37:59.060]  he's terrified I'm going to bar grieve him. So we're in court. He come to me and the prosecutor
[37:59.060 --> 38:03.420]  said she knows who you are. And if you start filing criminal charges, she's going to charge
[38:03.420 --> 38:09.060]  you with tampering with the government document. I looked over at the prosecutor and then looked
[38:09.060 --> 38:14.260]  at the lawyer and said, she said that, did she? He said, yes, she did. I said, well,
[38:14.260 --> 38:20.020]  get her over here. And I pulled 30 out of my case. So I got 30 of them here. I pointed
[38:20.020 --> 38:25.220]  at the prosecutor, you get over here. I need her to verify these criminal complaints in
[38:25.220 --> 38:31.140]  court with her duty under Article 2.06, Code of Criminal Procedure. And she scooted up
[38:31.140 --> 38:36.980]  against the bench like she's ducking down like the judge will protect her or something.
[38:36.980 --> 38:42.820]  I handed him to my lawyer. He held up both hands with his palms out. I'm not going to
[38:42.820 --> 38:47.300]  touch him. I'm not going to touch him. Take him, you chicken. We did this in front of
[38:47.300 --> 38:54.380]  the judge. The judge calls for a recess. Before I get my burrito, the lawyer calls me and
[38:54.380 --> 39:03.260]  the judge dismissed the case. Dismissed the case to protect my lawyer from me. If you're
[39:03.260 --> 39:08.760]  going to win this case, Tamra, if you're going to win this case, you're going to have to
[39:08.760 --> 39:17.460]  take them on. They started a fight. And being nice to them will cause you to lose the fight.
[39:17.460 --> 39:23.180]  They don't care if you're nice. Everybody's nice. They screw everybody. The only ones
[39:23.180 --> 39:28.500]  they don't screw is the one who kicks their behind. And the way you kick their behind,
[39:28.500 --> 39:33.500]  the bar of grievance, both sides every time they move, file judicial conduct complaints
[39:33.500 --> 39:37.980]  against the judge every time he does anything. You don't care if it's right or wrong. Just
[39:37.980 --> 39:45.980]  file against him. If you file a bar of grievance against the lawyer, the state bar gets the
[39:45.980 --> 39:51.460]  grievance and throws it in the trash and sends you a letter that says we examined it in your
[39:51.460 --> 39:57.940]  accusation. Find it does not rise to the level of misconduct. They don't care. Valid, invalid.
[39:57.940 --> 40:04.680]  They don't care. That's a good thing. It's a good thing because their insurance carrier
[40:04.680 --> 40:10.140]  knows they'll throw it in the trash. So how do they gauge their level of risk by valid
[40:10.140 --> 40:16.620]  bar grievances? They'll model it in the trash by the numbers. One bar grievance, your first
[40:16.620 --> 40:22.300]  year of practice, they cancel immediately. Two bar grievances, any one year of practice
[40:22.300 --> 40:28.860]  they cancel. Three, they cancel your law firms about practice insurance. Valid, invalid.
[40:28.860 --> 40:36.700]  They don't care. You want to know what your week under bail is? Professional conduct complaints.
[40:36.700 --> 40:43.300]  Six professional conduct complaints against a licensed peace officer. And the bond carrier
[40:43.300 --> 40:49.060]  for the department will come to the department and tell the department, this officer is at
[40:49.060 --> 40:57.260]  an unacceptable risk. You keep him on, we will raise your bond rating for the entire
[40:57.260 --> 41:04.060]  department. What do you think is going to happen to that cop? Makes no difference if
[41:04.060 --> 41:10.380]  your grievances, your complaints against the cop are valid or invalid, just don't matter.
[41:10.380 --> 41:18.780]  The insurance carrier, his only job is to avoid paying any claims, charge his client
[41:18.780 --> 41:26.980]  as much money as you possibly can. Politics. We need to understand the politics.
[41:26.980 --> 41:33.100]  Where do I start? You start with bar grievances. You're this
[41:33.100 --> 41:41.820]  lawyer who told you this nonsense. Violent complaint with the Supreme Court against him.
[41:41.820 --> 41:51.220]  That'll be their first shot across the bow. Okay. And all I have to do is look up what
[41:51.220 --> 41:57.300]  their procedures are, figure out which ones he violated by the things he said to me, fill
[41:57.300 --> 42:01.740]  out the complaint form and file it. Yep.
[42:01.740 --> 42:13.400]  Just pick one. You can go ahead and line up a bunch of them. If you want to mark them
[42:13.400 --> 42:21.400]  all off and say these 17, he violated all 17 of these. Don't put them all in one complaint.
[42:21.400 --> 42:29.540]  Pick one, put one in that complaint and send it off. Then wait a week, two weeks, send
[42:29.540 --> 42:35.980]  another one. So then they just keep getting another one and another one and another one.
[42:35.980 --> 42:42.220]  Because like Randy was saying, it's by the numbers. Set yourself up a little schedule.
[42:42.220 --> 42:51.020]  Wait a week, week and a half, whatever. In Texas, they are required to take every incoming
[42:51.020 --> 42:56.380]  complaint and deal with it within 30 days. So if you wanted to really be sure they don't
[42:56.380 --> 43:02.900]  lump them all together, you could wait 31 days. But in practice, if you spread them
[43:02.900 --> 43:08.340]  out far enough, like say five days a week, they won't get lumped together. They'll
[43:08.340 --> 43:10.900]  get counted separately, which is what you want.
[43:10.900 --> 43:19.660]  Okay. Okay. Is there any way where I could get you guys to write this all up and email
[43:19.660 --> 43:25.340]  it to me? Because this was really breaking up and I know I missed a lot of good information
[43:25.340 --> 43:26.940]  there.
[43:26.940 --> 43:43.020]  Go to Rule of Law Radio and for $100 you can purchase the ebook. It's all in the ebook.
[43:43.020 --> 43:46.060]  What was an ebook? Did you say ebook?
[43:46.060 --> 43:49.980]  Yeah, Randy's Legal 101.
[43:49.980 --> 43:53.900]  Randy's Legal 101 and it's an ebook?
[43:53.900 --> 44:00.300]  Yes. It's all in there.
[44:00.300 --> 44:05.620]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[44:05.620 --> 44:10.020]  Stop debt collectors now with the Michael Meris Proven Method. Michael Meris has won
[44:10.020 --> 44:15.620]  six cases in federal court against debt collectors, and now you can win too. You'll get step-by-step
[44:15.620 --> 44:20.940]  instructions in plain English on how to win in court using federal civil rights statutes,
[44:20.940 --> 44:25.620]  what to do when contacted by phone, mail, or court summons, how to answer letters and
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[44:41.020 --> 44:46.660]  For more information, please visit RuleofLawRadio.com and click on the blue Michael Meris banner
[44:46.660 --> 44:53.660]  or email MichaelMeris at Yahoo.com. That's RuleofLawRadio.com or email M-I-C-H-A-E-L-M-I-R-R-A-S
[44:56.100 --> 45:01.020]  at Yahoo.com to learn how to stop debt collectors now.
[45:01.020 --> 45:06.340]  Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Juris
[45:06.340 --> 45:13.340]  Dictionary, the affordable, easy-to-understand 4CD course that will show you how in 24 hours
[45:13.340 --> 45:19.620]  step by step. If you have a lawyer, know what your lawyer should be doing. If you don't
[45:19.620 --> 45:24.540]  have a lawyer, know what you should do for yourself. Thousands have won with our step
[45:24.540 --> 45:30.780]  by step course and now you can too. Juris Dictionary was created by a licensed attorney
[45:30.780 --> 45:36.860]  with 22 years of case winning experience. Even if you're not in a lawsuit, you can learn
[45:36.860 --> 45:41.700]  what everyone should understand about the principles and practices that control our
[45:41.700 --> 45:48.040]  American courts. You'll receive our audio classroom, video seminar, tutorials, forms
[45:48.040 --> 45:55.040]  for civil cases, pro se tactics and much more. Please visit RuleofLawRadio.com and click
[45:55.040 --> 46:02.040]  on the banner or call toll free 866-LAW-EASY.
[46:25.040 --> 46:32.040]  Always I must be careful what I'm wishing for. When I'm hungry I like to know just what
[46:33.160 --> 46:40.160]  I'm fishing for. I ain't asking for much, I ain't trying to be no glutton. I'm just
[46:41.720 --> 46:48.720]  here making my living pushing buttons. I get my message out to anyone in shouting distance.
[46:48.720 --> 46:55.720]  I vote for bravery and against slavery showing resistance. First I'm crawling, then I'm walking,
[47:00.720 --> 47:07.720]  then I start strutting. I'm just so glad to make my living pushing buttons.
[47:07.720 --> 47:14.720]  Okay, we are back. Randy Kelton, Grant Fountain, Rule of Law Radio. We're talking to Tamara
[47:17.720 --> 47:24.720]  in Colorado. The next place I wanted to go to is your lawyer is your friend. That's what
[47:26.920 --> 47:30.840]  I'm going through here are fallacies that we have about law. You think your lawyer's
[47:30.840 --> 47:36.840]  on your side. We watch Perry Mason, we watch all these programs where the lawyer gets you
[47:36.840 --> 47:43.280]  in there and just fights like crazy for his client. Well, that may have happened on TV,
[47:43.280 --> 47:49.640]  but it doesn't happen here unless you're incredibly rich.
[47:49.640 --> 47:55.840]  What happens here is the lawyer does what the judge wants him to do, and he's not going
[47:55.840 --> 48:02.840]  to do anything that annoys that judge. When that lawyer walks into the courtroom, he walks
[48:02.840 --> 48:09.840]  into the courtroom dangling by his bar card. I once sued Denton County for $11 million.
[48:13.040 --> 48:18.840]  I talked to 60 lawyers. The last lawyer I talked to was Jerry Cobb. Jerry Cobb was the
[48:18.840 --> 48:25.840]  district attorney before the current district attorney who I sued. I got him on the phone.
[48:25.840 --> 48:30.840]  I said, hello, Jerry. My name is Randy Kelton, and I have sued Denton County, and I need
[48:30.840 --> 48:35.840]  a lawyer to represent me. Oh, Mr. Kelton, I know all about your suit. I can't represent
[48:35.840 --> 48:40.440]  you. You made allegations against judges in there, and I have to represent clients in
[48:40.440 --> 48:46.280]  this county. I said, what's the matter, Jerry? You're afraid those judges will screw your
[48:46.280 --> 48:53.280]  next client to get back at you? He said the same thing every other lawyer said. You darn
[48:53.280 --> 49:00.280]  right, they will. Now, I don't know if that's true or not, but I do know that Jerry Cobb
[49:01.280 --> 49:08.280]  thought it was true, and he was no chump lawyer. All lawyers think if they don't do what the
[49:09.380 --> 49:15.880]  judge wants them to do, the judge will screw them royal. Now, I'm pretty sure that when
[49:15.880 --> 49:22.600]  they were going to law school, that in law school, they never told these lawyers that
[49:22.600 --> 49:29.600]  you're going to spend the rest of your professional career kissing some arrogant judges beyond,
[49:30.560 --> 49:37.560]  because if you don't, he will screw your practice. But that's the reality lawyers live with.
[49:39.120 --> 49:46.120]  Judges control lawyers. Lawyers will not move that the judge doesn't like unless they get
[49:46.120 --> 49:53.120]  a client who's more dangerous to them than the lawyer is. When they get a client that's
[49:55.640 --> 50:02.640]  more dangerous than the judge is, the judge is not going to sue them into oblivion. He
[50:07.600 --> 50:14.040]  may sanction them. He may even cancel the bar card for a little while, but they'll get
[50:14.040 --> 50:21.040]  back into business. A unhappy client can sue them into oblivion.
[50:24.120 --> 50:31.120]  When they get an unruly client that they can't control, especially if the court has assigned
[50:32.880 --> 50:39.880]  them that client, then what happens is they can go to the judge and say, hey, judge, you
[50:39.880 --> 50:46.360]  forced me to take this client and this client's about to screw me royal. You got to help me
[50:46.360 --> 50:53.360]  out. That's called plausible deniability. Hey, judge, I've thrown a lot of people under
[50:53.520 --> 51:00.520]  the bus for you in these last 90 days. Exactly. Now you owe me one. That's the last
[51:00.520 --> 51:07.520]  case. That's why they threw it out to protect my lawyer because he was a new lawyer. It
[51:11.240 --> 51:16.280]  was first year. If I'd have bar grieved him, they would have canceled his malpractice insurance
[51:16.280 --> 51:23.280]  immediately and he couldn't practice. I was threatening to file a whole stack against
[51:23.280 --> 51:30.280]  him. You've got a prosecutor here. The prosecutor doesn't have malpractice insurance. The state
[51:31.440 --> 51:38.440]  carries it for him. Problem, you start bar grieving him? If you give him three bar grievances,
[51:40.760 --> 51:46.480]  he is going to have to stay a prosecutor for the rest of his career because if he gets
[51:46.480 --> 51:53.480]  out of being a prosecutor, no lawyer law firm in their right mind will take him with three
[51:55.000 --> 52:02.000]  bar grievances against him. First off, it will raise their malpractice suit through
[52:02.000 --> 52:08.680]  the roof. Secondly, even if he wins a case and doesn't win as much as the client thinks
[52:08.680 --> 52:13.840]  he could have, they'll sue the law firm for giving him this chomping lawyer with three
[52:13.840 --> 52:20.840]  bar grievances against him. You put a mark on their career that never goes away. What
[52:21.160 --> 52:28.160]  you will find, Tammy, if you start bar grieving this lawyer, is all of a sudden you get a
[52:28.240 --> 52:33.600]  different lawyer. If you bar grieve him a time or two, you'll get another one because
[52:33.600 --> 52:37.760]  the lawyer says, I'm out of here. I'm not doing this. You guys are going to end my career.
[52:37.760 --> 52:43.320]  I'm history. You make it worse for them. You make it harder for them. They're trying to
[52:43.320 --> 52:48.000]  make a little extra money, make themselves look good. You start making them look bad,
[52:48.000 --> 52:54.000]  they want you out of there. Okay. Does that make sense, Tammy?
[52:54.000 --> 53:00.240]  Well, I have to have quite the backbone and I need a heck of a lot more knowledge than
[53:00.240 --> 53:06.840]  what I have. That jurisdiction that they talk about in between, is that what you're referring
[53:06.840 --> 53:13.840]  to in terms of an e-book? No, that's jurisdictionary. That's a good
[53:13.920 --> 53:20.920]  one too, but that one will show you all of the stuff lawyers don't learn in law school.
[53:24.400 --> 53:31.400]  Lawyers go to law school and they teach lawyers how to argue legal issues. They don't teach
[53:31.400 --> 53:38.400]  them how to practice law. Once they get out of law school, they try to get on with a law
[53:40.960 --> 53:47.200]  firm and the law firm will actually teach them how to practice law. This is how you
[53:47.200 --> 53:52.080]  find clients. This is how you interview clients so you can get the information that you need
[53:52.080 --> 53:57.800]  from them. These are the motions and pleadings you file. This is how you file motions. This
[53:57.800 --> 54:02.960]  is how you get motions put on for hearing. This is how you handle this judge. This is
[54:02.960 --> 54:08.080]  how you deal with this judge. Don't do this in front of that judge. He will whack you
[54:08.080 --> 54:12.920]  good. He teaches them all that stuff they need to know for their actual practice of
[54:12.920 --> 54:19.920]  law. Lawyers, if they don't get picked up by a law firm, they can't go out and advertise
[54:19.920 --> 54:26.920]  their services directly. In Texas, that's a felony. It's called baritering, but every
[54:27.440 --> 54:34.440]  state has restrictions against direct solicitation by licensed professionals. The guy who gets
[54:35.720 --> 54:42.720]  out of law school, they have generally between $140,000 to $180,000 student loan to pay off.
[54:42.720 --> 54:49.720]  If they don't get picked up by a law firm, they're kind of screwed. They're struggling
[54:53.280 --> 54:59.680]  here, so they go down and get put on the attorney's wheel. They're guaranteed to get a certain
[54:59.680 --> 55:03.920]  amount of clients. Generally, they get more than they can keep up with. They don't get
[55:03.920 --> 55:10.920]  paid much, but at least they get work. The judges bring them along. The judges teach
[55:10.920 --> 55:17.920]  them how to practice law in their courts. They help them out. We take advantage of that.
[55:21.400 --> 55:27.400]  We put the lawyer in a place. We start bar grieving the lawyer. This is going to ruin
[55:27.400 --> 55:32.400]  that lawyer's career. He's going to go to the judge and say, hey, you gave me this guy.
[55:32.400 --> 55:37.400]  You got to help me out here. You get the case dismissed.
[55:37.400 --> 55:44.400]  Now, Randy, you had mentioned that when they put this lawyer on you and you didn't really
[55:44.800 --> 55:51.800]  ask for a court appointed lawyer, but they put one on you and you told them, just make
[55:51.840 --> 55:58.840]  sure you pick one that you don't like. They said they're giving you one off the wheel.
[55:59.060 --> 56:04.160]  Do they have to give you one off the wheel or is it okay for the judge to just pick and
[56:04.160 --> 56:11.160]  choose and say who? Because if a judge says who's on the wheel and the lady looks over
[56:11.360 --> 56:15.320]  and says, well, you got this one and this one and that one. And he says, give him that
[56:15.320 --> 56:17.560]  one.
[56:17.560 --> 56:22.760]  If I ever catch a judge doing that, I'll hammer that judge good.
[56:22.760 --> 56:24.000]  What for?
[56:24.000 --> 56:28.660]  All of the lawyers would have a problem with that. They actually have it in the court rules
[56:28.660 --> 56:35.660]  how this is to be done. Since all lawyers and judges are criminals, they got to have
[56:36.520 --> 56:42.320]  rules to protect themselves against the other criminals. All of the protections that we
[56:42.320 --> 56:49.320]  have in law weren't written for us. This is a pool full of sharks. They're all sharks
[56:51.800 --> 56:57.160]  and they're constantly trying to eat one another. They have to make up rules to protect themselves
[56:57.160 --> 57:04.160]  from each other. And we get to use them just by association because we happen to be here.
[57:05.140 --> 57:10.160]  But they're really to protect each other. And that's why for most any wrong you can
[57:10.160 --> 57:16.960]  find, you'll find rules to protect you from it. It's not because they care about you.
[57:16.960 --> 57:23.960]  They want to be able to use that rule to protect them against the other sharks in the pool.
[57:23.960 --> 57:30.960]  I was just going to say, always read the code. Get the penal code and criminal procedure
[57:37.080 --> 57:44.080]  code and read it twice. Don't try to understand it the first time. Just read through it. It's
[57:44.560 --> 57:48.040]  not as big as you think it is because there's a lot of white space in there the way it's
[57:48.040 --> 57:52.760]  outlined and stuff. Once you've read through the criminal procedure code and the penal
[57:52.760 --> 57:59.760]  code, then go back and read through them again. The second time, because you've already been
[57:59.760 --> 58:06.760]  through the whole thing, the second time you'll start stitching all the pieces together. Then
[58:07.960 --> 58:12.800]  you will know the codes better than the lawyers do because I've yet to come across a lawyer
[58:12.800 --> 58:19.800]  who's read them one time, much less twice. Hang on, about to go to our sponsors. And
[58:19.800 --> 58:26.800]  if you find value from what we offer here, go check out our sponsors. What Tamara was
[58:28.200 --> 58:34.200]  looking at was jurisdictionary. Jurisdictionary shows you all of that stuff you need to know,
[58:34.200 --> 58:39.000]  how to file motions, how to get them set for hearing, how to handle yourself in court,
[58:39.000 --> 58:46.000]  how to handle objections, all that stuff. And my e-book and Eddie's traffic seminar,
[58:46.000 --> 58:51.800]  hang on. Would you like to make more definite progress in your walk with God? Bibles for
[58:51.800 --> 58:57.200]  America is offering a free study Bible and a set of free Christian books that can really
[58:57.200 --> 59:01.840]  help. The New Testament recovery version is one of the most comprehensive study Bibles
[59:01.840 --> 59:06.800]  available today. It's an accurate translation and it contains thousands of footnotes that
[59:06.800 --> 59:11.720]  will help you to know God and to know the meaning of life. The free books are a three
[59:11.720 --> 59:17.440]  volume set called Basic Elements of the Christian Life. Chapter by chapter, Basic Elements of
[59:17.440 --> 59:22.920]  the Christian Life clearly presents God's plan of salvation, growing in Christ, and
[59:22.920 --> 59:28.880]  how to build up the church. To order your free New Testament recovery version and Basic
[59:28.880 --> 59:35.880]  Elements of the Christian Life, call Bibles for America toll free at 888-551-0102. That's
[59:35.880 --> 59:42.880]  888-551-0102 or visit us online at bfa.org.
[01:00:05.880 --> 01:00:11.880]  Markets for Monday, the 22nd of July, 2019. Open with precious metals. Gold at $1,429
[01:00:11.880 --> 01:00:18.880]  an ounce. Silver, $16.45 an ounce. Copper, $2.75 an ounce. Oil, Texas crude, $55.63 a
[01:00:19.880 --> 01:00:25.880]  barrel. Brent crude, $62.47 a barrel. And crypto is an order of market cap. Bitcoin
[01:00:25.880 --> 01:00:37.880]  Core, $10,566.52. Ethereum, $227.26. XRP Ripple, $0.33. Litecoin, $100.31. And Bitcoin Cash
[01:00:37.880 --> 01:00:42.880]  is at $324.10 a crypto coin.
[01:00:42.880 --> 01:00:49.880]  Today in history, the year 1916. The Preparedness Day bombing, a timed suitcase bomb, was detonated
[01:00:49.880 --> 01:00:54.880]  on Market Street in San Francisco during the World War I Preparedness Day parade, killing
[01:00:54.880 --> 01:01:01.880]  10 and injuring 40. Today in history.
[01:01:01.880 --> 01:01:06.880]  And recent news. Since Governor Greg Abbott signed House Bill 1325, legalizing hemp in
[01:01:06.880 --> 01:01:11.380]  a Texas law back in June, county prosecutors around the state, including Houston, Austin,
[01:01:11.380 --> 01:01:15.380]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:01:15.380 --> 01:01:19.880]  new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:01:19.880 --> 01:01:24.880]  to test the herb for THC. Margaret Moore, the Travis County District Attorney, announced
[01:01:24.880 --> 01:01:28.880]  earlier this month that she was dismissing 32 felony possession and delivery of marijuana
[01:01:28.880 --> 01:01:33.880]  cases because of the law. Mr. Abbott and other state officials, including the Attorney General,
[01:01:33.880 --> 01:01:37.880]  stipulated in a letter to county district attorneys back on Thursday that marijuana
[01:01:37.880 --> 01:01:42.880]  has not been decriminalized in Texas and that these actions demonstrate a misunderstanding
[01:01:42.880 --> 01:01:48.880]  of how HB 1325 works. As well as other cities, too, like the District Attorney in El Paso,
[01:01:48.880 --> 01:01:54.880]  Jaime Esparza, a Democrat, who also stated earlier this month that the law, quote, will
[01:01:54.880 --> 01:02:00.880]  not have an effect on the prosecution of marijuana cases in El Paso. However, the issue was succinctly
[01:02:00.880 --> 01:02:05.380]  summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated
[01:02:05.380 --> 01:02:09.380]  that, quote, the law is constantly changing on what makes something illegal based on its
[01:02:09.380 --> 01:02:13.880]  chemical makeup. It's important that if someone is charged with something, the test
[01:02:13.880 --> 01:02:16.880]  matches what they're charged with.
[01:02:16.880 --> 01:02:23.880]  A paper by Tulane University identified a five-and-a-half-inch American pocket shark
[01:02:23.880 --> 01:02:29.380]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[01:02:29.380 --> 01:02:34.880]  shark ever captured or recorded, with the other one being found way back in 1979 in
[01:02:34.880 --> 01:02:39.880]  the East Pacific Ocean. According to the university paper, the shark secretes a luminous fluid
[01:02:39.880 --> 01:02:45.880]  from a gland near its front fins. For the purpose, it is hypothesized to lure and prey
[01:02:45.880 --> 01:02:50.880]  who may be drawn into the glow.
[01:02:50.880 --> 01:03:05.880]  This is Brooke Rode with your Lowdown for July 22, 2019.
[01:03:20.880 --> 01:03:37.880]  OK, we are back. Randy Kelton, Rule of Law Radio, and Tamara, get to either jurisdictionary
[01:03:37.880 --> 01:03:45.880]  would be great. Jurisdictionary will teach you all the basic stuff we're talking about.
[01:03:45.880 --> 01:03:51.880]  Anything that you do in jurisdictionary, you'll know how to handle yourself in court. Then
[01:03:51.880 --> 01:04:00.880]  you look at Legal 101, and it'll tell you all the stuff Dr. Graves doesn't tell you.
[01:04:00.880 --> 01:04:05.880]  In Legal 101, we talk about the tricks and traps. They got a lot of dirty tricks they
[01:04:05.880 --> 01:04:12.880]  use. We've got some of our own. How to build leverage and how to give them reason to make
[01:04:12.880 --> 01:04:14.880]  your case go away.
[01:04:14.880 --> 01:04:19.880]  Hey Tamara, do you have your work cut out for you?
[01:04:19.880 --> 01:04:22.880]  Oh, you're only kidding.
[01:04:22.880 --> 01:04:25.880]  Are you there?
[01:04:25.880 --> 01:04:33.880]  Hmm, seems like we've lost this Tamara. OK, I'm going to go on to Shane in New York. Hello
[01:04:33.880 --> 01:04:41.880]  Shane, what do you have for us today?
[01:04:41.880 --> 01:04:52.880]  Hello Shane, am I muted? I'm not muted. OK, Shane's been dropping off and coming back.
[01:04:52.880 --> 01:05:03.880]  He just dropped again. OK, Tim in Texas. Hello Tim, what do you have for us today?
[01:05:03.880 --> 01:05:12.880]  You've got a lot of static on your end of the radio.
[01:05:12.880 --> 01:05:14.880]  Well, let me check. I see the call boards appear to be...
[01:05:14.880 --> 01:05:19.880]  Well, you might have to mute yourself because there's so much noise it might be suppressing,
[01:05:19.880 --> 01:05:23.880]  Tim.
[01:05:23.880 --> 01:05:25.880]  You there?
[01:05:25.880 --> 01:05:27.880]  Hey, Tim.
[01:05:27.880 --> 01:05:29.880]  Hey, bud.
[01:05:29.880 --> 01:05:33.880]  So what do you have for us today?
[01:05:33.880 --> 01:05:37.880]  Is Randy shutting up or what?
[01:05:37.880 --> 01:05:43.880]  He's just muting his mic because there's so much noise coming from his mic that it's firing
[01:05:43.880 --> 01:05:47.880]  the suppressor, which makes it where he can't hear you.
[01:05:47.880 --> 01:05:48.880]  Oh, OK.
[01:05:48.880 --> 01:05:51.880]  So he'll turn it on just to talk and then mute it again.
[01:05:51.880 --> 01:05:59.880]  I got you. OK. Yeah, I was wondering about this negligent misrepresentation
[01:05:59.880 --> 01:06:10.880]  and how it would apply if an attorney is not actually representing me.
[01:06:10.880 --> 01:06:18.880]  How could that work in our favor?
[01:06:18.880 --> 01:06:26.880]  Well, under negligent misrepresentation, the lawyer has to say something
[01:06:26.880 --> 01:06:35.880]  or present something to you or to the court that is untrue or improper.
[01:06:35.880 --> 01:06:37.880]  And if he does that, you can go back after him.
[01:06:37.880 --> 01:06:43.880]  I just sent the McCamish case to Tim today.
[01:06:43.880 --> 01:06:45.880]  Did you go through that case, Tim?
[01:06:45.880 --> 01:06:51.880]  All I got was actually two paragraphs.
[01:06:51.880 --> 01:06:55.880]  That's it.
[01:06:55.880 --> 01:07:01.880]  So maybe I could look it up on case text and read it that way.
[01:07:01.880 --> 01:07:04.880]  Wait, wait, Tim.
[01:07:04.880 --> 01:07:08.880]  I sent that to you in a second email.
[01:07:08.880 --> 01:07:10.880]  I sent you just the case.
[01:07:10.880 --> 01:07:12.880]  It says McCamish reference.
[01:07:12.880 --> 01:07:15.880]  So check your email, it should be in there.
[01:07:15.880 --> 01:07:16.880]  That's what I'm looking at.
[01:07:16.880 --> 01:07:18.880]  This is the second one you sent me.
[01:07:18.880 --> 01:07:19.880]  Yeah.
[01:07:19.880 --> 01:07:23.880]  It says McCamish reference.png.
[01:07:23.880 --> 01:07:30.880]  And then when you read it, it says Section 7.3.6, negligent misrepresentation.
[01:07:30.880 --> 01:07:33.880]  And that's it.
[01:07:33.880 --> 01:07:48.880]  So maybe there's something that's not coming through when you try.
[01:07:48.880 --> 01:07:53.880]  Anybody there?
[01:07:53.880 --> 01:07:57.880]  I'm hearing you.
[01:07:57.880 --> 01:08:00.880]  This may be intentional.
[01:08:00.880 --> 01:08:03.880]  Okay, I had myself muted.
[01:08:03.880 --> 01:08:06.880]  I'm going to open the document.
[01:08:06.880 --> 01:08:08.880]  Okay.
[01:08:08.880 --> 01:08:15.880]  Oh, maybe I'm looking in the wrong place.
[01:08:15.880 --> 01:08:21.880]  McCamish Docs.
[01:08:21.880 --> 01:08:26.880]  Now, I opened it and I've got the entire case.
[01:08:26.880 --> 01:08:28.880]  Well, if I...
[01:08:28.880 --> 01:08:33.880]  Yeah, this is the one that's highlighted.
[01:08:33.880 --> 01:08:35.880]  Okay.
[01:08:35.880 --> 01:08:38.880]  Appling.
[01:08:38.880 --> 01:08:42.880]  McCamish v. Appling.
[01:08:42.880 --> 01:08:53.880]  McCamish Martin moved for summary judgment on negligent misrepresentation claim on the sole ground that the firm owed no duty to Appling.
[01:08:53.880 --> 01:09:05.880]  Now, this is where the opposing party sued the lawyer and McCamish sued Appling.
[01:09:05.880 --> 01:09:07.880]  And Appling...
[01:09:07.880 --> 01:09:11.880]  I'm sorry, I'm getting that backwards.
[01:09:11.880 --> 01:09:14.880]  Appling sued McCamish.
[01:09:14.880 --> 01:09:23.880]  Appling filed this suit individually on behalf of O. Bochica and against McCamish.
[01:09:23.880 --> 01:09:39.880]  McCamish moved for summary judgment on the negligent misrepresentation claim on the sole ground that the firm owed no duty to Appling because he wasn't Appling's attorney.
[01:09:39.880 --> 01:09:52.880]  The court of appeals reversed and remanded on the theory that even absent privity, and for those of you who don't know what privity is, that means you have a contractual relationship.
[01:09:52.880 --> 01:09:59.880]  An attorney may owe a duty to a third party to avoid negligent misrepresentation.
[01:09:59.880 --> 01:10:01.880]  Okay.
[01:10:01.880 --> 01:10:20.880]  Whether the absence of an attorney-client relationship precludes a third party from suing an attorney for negligent misrepresentation under the restatement of torts 552,
[01:10:20.880 --> 01:10:35.880]  we determine only whether Appling, a non-client, may bring a negligent representation cause of action as defined by 552 against McCamish.
[01:10:35.880 --> 01:10:52.880]  Allowing a non-client to bring a negligent misrepresentation cause of action against an attorney does not undermine the general rule that persons who are not in privity with an attorney cannot sue the attorney for legal malpractice.
[01:10:52.880 --> 01:11:01.880]  This kind of goes through all of the arguments that McCamish made for why he shouldn't be sued.
[01:11:01.880 --> 01:11:05.880]  Okay. I'm reading the highlighted portions.
[01:11:05.880 --> 01:11:11.880]  As the court of appeals noted, a negligent misrepresentation claim.
[01:11:11.880 --> 01:11:19.880]  Just a second to check my clock. How am I doing on the clock? I can't see it.
[01:11:19.880 --> 01:11:21.880]  Breath, breath.
[01:11:21.880 --> 01:11:23.880]  I've got a few minutes.
[01:11:23.880 --> 01:11:34.880]  Okay. As the court of appeals noted, a negligent misrepresentation claim is not equivalent to a legal malpractice claim.
[01:11:34.880 --> 01:11:46.880]  Under the tort of negligent misrepresentation, liability is not based on breach of duty a professional owes his or her clients or others in privity.
[01:11:46.880 --> 01:12:04.880]  But on an independent duty to the non-client based on the professional's manifest awareness of the non-client's reliance on the misrepresentation and the professional's intention that the non-client so rely.
[01:12:04.880 --> 01:12:16.880]  In Tim's case, we filed a subject matter jurisdiction challenge. It was ignored.
[01:12:16.880 --> 01:12:22.880]  We filed a motion. It wasn't answered. So we filed a motion for summary judgment on the subject matter jurisdiction.
[01:12:22.880 --> 01:12:29.880]  Came to court. Tim had proof of compliance in his hand. He was prepared to present to the court.
[01:12:29.880 --> 01:12:37.880]  Well, the lawyer standing there looking at this saying, this guy's going to win hands down. So how do I keep him from winning hands down?
[01:12:37.880 --> 01:12:51.880]  So he asked Tim, she asked Tim into a side office and asked Tim if he would, first she asked him if he would make a deal.
[01:12:51.880 --> 01:12:56.880]  And he said, heck no, he had proof, conclusive proof that he was in compliance.
[01:12:56.880 --> 01:13:08.880]  And then she said, well, we could hold an administrative hearing to see if your, because Tim questions whether his vehicles fell within the scope of the statute.
[01:13:08.880 --> 01:13:14.880]  And she said we could hold an administrative hearing to see if your vehicles fall within the statute.
[01:13:14.880 --> 01:13:20.880]  See, this keeps the trial from happening and kept him from getting an immediate dismissal.
[01:13:20.880 --> 01:13:30.880]  So they came before the court and the prosecutor, but he had specifically asked for a jury trial, too.
[01:13:30.880 --> 01:13:38.880]  Yes, he had asked for a jury trial. There was no jury present, but they didn't need one because we had the subject matter jurisdiction motion to hear.
[01:13:38.880 --> 01:13:43.880]  And that would have been dispositive, would have ended the case.
[01:13:43.880 --> 01:13:58.880]  So she's trying to keep this from happening. So she tells him he can have this administrative hearing and then went to the judge and asked the judge to delay the case so they could administer,
[01:13:58.880 --> 01:14:08.880]  so they could convene an administrative hearing to make a determination as to whether or not the vehicles in question fell within the statute.
[01:14:08.880 --> 01:14:17.880]  Well, they set that up, they went to the hearing, and instead of making that determination, they adjudicated guilt against Tim.
[01:14:17.880 --> 01:14:25.880]  At the original trial, the most he could have been charged was $250 per allegation, and there was eight of them.
[01:14:25.880 --> 01:14:30.880]  In this administrative hearing, they charged him $1,000 apiece.
[01:14:30.880 --> 01:14:41.880]  So she set all this up. We filed a subject matter jurisdiction challenge with the district court on this, and they ignored it.
[01:14:41.880 --> 01:14:49.880]  So we filed a petition for rid of mandamus. The court of appeals looked at it and said, these guys don't have jurisdiction,
[01:14:49.880 --> 01:15:01.880]  because the city had to have passed an ordinance that adopted this administrative hearing process, and they had not.
[01:15:01.880 --> 01:15:20.880]  So the lawyer suggested, took Tim aside as the defendant, and under the American Bar Association standards for prosecutorial function, a prosecutor is forbidden to talk to a nonrepresented defendant,
[01:15:20.880 --> 01:15:28.880]  unless the defendant has waived his right to counsel in court, full disclosure, free of coercion.
[01:15:28.880 --> 01:15:33.880]  Well, he hadn't done any of that. So she was forbidden to talk to him in the first place.
[01:15:33.880 --> 01:15:41.880]  Then she calls him out and offers to have this hearing that the law does not allow them to have.
[01:15:41.880 --> 01:15:54.880]  She intended that he rely on what she told him because of her special position as a licensed attorney.
[01:15:54.880 --> 01:16:05.880]  Under the tort of negligent misrepresentation, liability is not based on breach of duty a professional owes to his or her clients or others in privity,
[01:16:05.880 --> 01:16:22.880]  but on an independent duty to the nonclient based on the professional's manifest awareness of the nonclient's reliance on the misrepresentation and the professional's intention that the nonclient so rely.
[01:16:22.880 --> 01:16:34.880]  So she intended that he rely on what she told him, and it was a misrepresentation. This gives you the claim for negligent misrepresentation.
[01:16:34.880 --> 01:16:42.880]  Hang on, about to go to our sponsors, Randy Kelton, Brent Fountain, Rule About Radio.
[01:16:42.880 --> 01:17:02.880]  I'm not going to give out the call in number. We've got a couple more. The chain is back. Tamar's still on. We'll be right back.
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[01:20:16.880 --> 01:20:39.880]  Okay, we are back. Randy Kelton, Brett Fountain, and we're talking to Tim in Texas. Okay, Tim, did that make sense?
[01:20:39.880 --> 01:20:48.880]  Yeah, it sure did. I pulled it up now on case text. One thing I noticed, it says analysis written by attorneys.
[01:20:48.880 --> 01:20:54.880]  Underneath that, it says misrepresentation claims against attorneys rejected in two cases.
[01:20:54.880 --> 01:21:01.880]  And it's got Brown and Loeffler versus F.E. Appling interest. And I think that's the case.
[01:21:01.880 --> 01:21:11.880]  So I'm thinking that's kind of unusual. But at the top underneath this, it says it was not overruled or negatively treated on appeal.
[01:21:11.880 --> 01:21:15.880]  So I'll have to read through that to try to figure out what they're talking about.
[01:21:15.880 --> 01:21:23.880]  That's an analysis written by attorneys when they talked about the misrepresentation claims against attorneys rejected in two cases.
[01:21:23.880 --> 01:21:31.880]  The thing that's saying it wasn't overturned is that this ruling is valid. It stands. Okay.
[01:21:31.880 --> 01:21:37.880]  Is that what you mean when you say shepherdizing? Exactly. And this is by the Supreme Court?
[01:21:37.880 --> 01:21:45.880]  It may have been distinguished in some cases. When you shepherdize, it lists out whether it's been dis-
[01:21:45.880 --> 01:21:59.880]  what is it, not disallowed, but discounted, distinguished, overruled. And when it's discounted, it generally says, well,
[01:21:59.880 --> 01:22:07.880]  because of some other case, this case no longer carries the weight that it once did.
[01:22:07.880 --> 01:22:21.880]  If it's distinguished, it says in this different fact set, we adjust our ruling somewhat based on these new facts.
[01:22:21.880 --> 01:22:27.880]  If it's overruled, that's obvious that something's taking its place. So that's what shepherds is for.
[01:22:27.880 --> 01:22:37.880]  And Lexis has bought out shepherds. But generally you can take this case and just do a search for it on Google.
[01:22:37.880 --> 01:22:48.880]  I have better luck with Google than anything. And I like to look for briefs. Tim, you have case text.
[01:22:48.880 --> 01:22:57.880]  The best thing to do is put the case in there and do a search for briefs. Briefs give you everything.
[01:22:57.880 --> 01:23:03.880]  They give you all the cases. They argue how all these cases fit together.
[01:23:03.880 --> 01:23:10.880]  Well, this has what's called cases citing this document. There's two hundred forty four of those.
[01:23:10.880 --> 01:23:18.880]  And then summaries written by judges, there's twenty five summaries. And then there's only one of those you want.
[01:23:18.880 --> 01:23:30.880]  That's what you want to look at in the summaries. OK, this is this is the controlling case for negligent misrepresentation.
[01:23:30.880 --> 01:23:35.880]  Right. Everything else is going to bounce off this one.
[01:23:35.880 --> 01:23:46.880]  OK. Well, I was having a difficult time pulling up what I thought I was trying to pull up, so.
[01:23:46.880 --> 01:23:50.880]  OK, here I've got a section under Section five fifty two,
[01:23:50.880 --> 01:23:59.880]  liability is limited to loss suffered by the person or one of a limited group or persons for whose benefit and guidance.
[01:23:59.880 --> 01:24:05.880]  And one intends to supply the information or knows that the recipient intends to supply it.
[01:24:05.880 --> 01:24:21.880]  And through reliance upon it in a transaction, that one intends the information to influence or knows that the recipient so intends or in a substantially similar matter.
[01:24:21.880 --> 01:24:35.880]  The formulation limits liability to situations in which the attorney who provides the information is aware of the nonclient and intends that the nonclient rely on the information.
[01:24:35.880 --> 01:24:49.880]  In other words, a section five fifty two cause of action is available only when information is transferred by an attorney to a known party for a known purpose.
[01:24:49.880 --> 01:24:54.880]  In your case, that is precisely what was done.
[01:24:54.880 --> 01:24:59.880]  I was going to also mention to you at the top here, it also has siding briefs.
[01:24:59.880 --> 01:25:04.880]  And there's eight of those. That's what you want to find.
[01:25:04.880 --> 01:25:09.880]  Yeah. Pull me down those briefs up very much like you see those briefs.
[01:25:09.880 --> 01:25:21.880]  They go up to the two thousand and sixteen. So that's good. That's that's pretty fresh law to be those briefs.
[01:25:21.880 --> 01:25:27.880]  We'll have everything OK. These guys are going to have a hard time working out of this one.
[01:25:27.880 --> 01:25:32.880]  OK. All right. Well, if you got somebody else to get to, I'll move along.
[01:25:32.880 --> 01:25:40.880]  OK. Thank you, Tim. OK. Now we're going to Shane in New York.
[01:25:40.880 --> 01:25:49.880]  Shane, I'm going to mute just in case I'm drowning you out.
[01:25:49.880 --> 01:25:52.880]  OK, Randy, can you hear me?
[01:25:52.880 --> 01:25:58.880]  In there, I can hear you. I'm not having any trouble.
[01:25:58.880 --> 01:26:08.880]  All right. Randy, I was going to just let you know that I got the answer done for criminal sanctions that they want to file on me.
[01:26:08.880 --> 01:26:14.880]  It's supposed to be heard Monday morning federal federal court regarding bankruptcy.
[01:26:14.880 --> 01:26:18.880]  Get that answer done and filed yesterday or two days ago.
[01:26:18.880 --> 01:26:28.880]  I did send you a courtesy copy through email to take a look at it. Did you have an opportunity to see that? My answer.
[01:26:28.880 --> 01:26:33.880]  No, I didn't. I have about 10 or 15 things like that.
[01:26:33.880 --> 01:26:40.880]  And I haven't had time to get through all of it. I got one from Tina that was pretty good.
[01:26:40.880 --> 01:26:46.880]  I got through it. But it takes me a long time. And I just haven't had time to get to it.
[01:26:46.880 --> 01:26:52.880]  It was only four pages long. But here's my question. This is an interesting question.
[01:26:52.880 --> 01:26:57.880]  We talked last week and you said, you know, it'd be a good idea to file sanctions against him.
[01:26:57.880 --> 01:27:01.880]  And he's moving forward with no standing whatsoever. And they still haven't served me.
[01:27:01.880 --> 01:27:06.880]  So this is being dragged out now. The stay was lifted back in December.
[01:27:06.880 --> 01:27:11.880]  It's now going into March here in about a week or two. They still have not served me.
[01:27:11.880 --> 01:27:15.880]  I keep on going to court. They will not serve me. They still haven't served me.
[01:27:15.880 --> 01:27:23.880]  And my question for tonight is, I already began to file a motion for sanctions against him.
[01:27:23.880 --> 01:27:32.880]  But I think a good idea is not to file it after the hearing on Monday, correct?
[01:27:32.880 --> 01:27:36.880]  Don't know why it would make a difference.
[01:27:36.880 --> 01:27:38.880]  OK.
[01:27:38.880 --> 01:27:46.880]  Oh, it won't make a difference. Today's Friday. Today's Friday. Yeah. Well, I mean, I could file it before the hearing on Monday.
[01:27:46.880 --> 01:27:55.880]  If I get there early enough, I could do that. But but his his motions for sanctions that hold me criminally contempt because he said I'm judgment proof.
[01:27:55.880 --> 01:28:03.880]  So the only thing we could do is file criminal charges against them. That's what he's moving the bankruptcy court to do.
[01:28:03.880 --> 01:28:09.880]  I don't I cannot imagine a way he can get to criminal.
[01:28:09.880 --> 01:28:21.880]  Yeah, me either. But what he did is he attached all my docket sheets from 15 years ago regarding, you know, that sovereignty argument about everything being prepaid.
[01:28:21.880 --> 01:28:34.880]  And there's a big, big, you know, wave way back in two thousand three, four, five and six on the sovereign ID issue and not being the U.S. citizen, you know, the rest of the story.
[01:28:34.880 --> 01:28:45.880]  And the attached all the docket sheets in federal court that I had from 15 years ago, which I thought was really just incredible.
[01:28:45.880 --> 01:28:53.880]  And all the docket sheets were several pages long, probably well over 30 or 40 pages long that he attached.
[01:28:53.880 --> 01:28:57.880]  And I thought that was kind of like a low blow, wouldn't you think?
[01:28:57.880 --> 01:29:06.880]  Yeah, you ought to tell the judge that you feel disparaged. It's going to hurt my feelings.
[01:29:06.880 --> 01:29:17.880]  So my question is, you know, why are they waiting, you think? Why are they waiting for because eventually they're going to have to serve and they they're still not doing it.
[01:29:17.880 --> 01:29:22.880]  They're whining and crying for me to be sanctioned in federal court.
[01:29:22.880 --> 01:29:26.880]  Are they trying to use that so they can use that against me in state court?
[01:29:26.880 --> 01:29:40.880]  Randy, I think you're muted.
[01:29:40.880 --> 01:29:53.880]  I hit the wrong button. Almost certainly they if they got sanctions against you in the bankruptcy court, they would be able to use that in the state court.
[01:29:53.880 --> 01:30:01.880]  But since the federal court.
[01:30:23.880 --> 01:30:31.880]  Find your freedoms will start to vanish, too. So protect your rights. Say no to surveillance and keep your information to yourself.
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[01:33:27.880 --> 01:33:36.880]  OK, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Shane in New York.
[01:33:36.880 --> 01:33:45.880]  OK, Shane, surely if they can get something against against you, they'll use it against you.
[01:33:45.880 --> 01:33:54.880]  But I don't see how they can. The bankruptcy court has recognized your standing.
[01:33:54.880 --> 01:34:04.880]  I don't think the state court can revisit that under the restriction in Rooker Feldman.
[01:34:04.880 --> 01:34:09.880]  That's correct. In fact, Randy, you can hear me OK, right?
[01:34:09.880 --> 01:34:11.880]  Yes.
[01:34:11.880 --> 01:34:25.880]  OK. The bankruptcy judge, I think on our last hearing we had, which was two weeks ago, regarding an extension of state to get the designation of record file, which I just did this week, by the way, it was like 700 pages.
[01:34:25.880 --> 01:34:32.880]  He pretty much told me bluntly that your past or anything in the past has no bearing in this case.
[01:34:32.880 --> 01:34:47.880]  But we'll get to that on February the 24th. But he did. I did see the motion. I reviewed it. But right now is not the proper time. But we'll see you back here on February the 24th.
[01:34:47.880 --> 01:35:02.880]  OK. Yeah, he's telling you he's not going to pay attention to that. So that's when you need to tell him that he's going to hurt my feelings. I feel disparaged.
[01:35:02.880 --> 01:35:17.880]  So, Randy, I did. I did one once where I used a really funny name for the lawyer. I think I was calling him shyster this shyster that. And I got to the motion done.
[01:35:17.880 --> 01:35:25.880]  And then I looked up the lawyer's name and I started I put it in the head of the motion and I started to do a search and replace.
[01:35:25.880 --> 01:35:35.880]  I said, heck with it. I'm just going to leave it. And the judge is up there reading the motion and he's trying not to snicker.
[01:35:35.880 --> 01:35:48.880]  And when he got done, he looked up and he said, Mr. Kelton, I am sure you found that humorous, but we're not going to do that again.
[01:35:48.880 --> 01:35:57.880]  Oh, judge, it was an honest mistake. I was going to do a search and replace and take all that out. Sure you were.
[01:35:57.880 --> 01:36:09.880]  But clearly, clearly the judge liked it. His whole manner toward me softened. You know, they get up there, they get bored.
[01:36:09.880 --> 01:36:18.880]  It's nice sometimes to demonstrate that you're a human being and you understand the judges, too.
[01:36:18.880 --> 01:36:24.880]  Anyway, that's my story and I'm sticking to it.
[01:36:24.880 --> 01:36:30.880]  So, Randy, how would how would you act in court, though? Because this guy this guy never shows up.
[01:36:30.880 --> 01:36:35.880]  He's he's over in Rochester. He's filing all these frivolous documents.
[01:36:35.880 --> 01:36:39.880]  Some of them are abusive towards me. And then he turns around, calls me abusive.
[01:36:39.880 --> 01:36:44.880]  It's kind of like somebody committing crimes on your family. Right.
[01:36:44.880 --> 01:36:49.880]  And then they charge you for the crimes. I'm sure you're well aware of that.
[01:36:49.880 --> 01:37:08.880]  What I would do, if it were me, is ignore them. Ignore them in the sense that you understand that this is the lawyer just doing idiotic, childish crap over.
[01:37:08.880 --> 01:37:24.880]  And I'm not going to waste the court's time with this. You know, I was going through Tina's documents and the lawyer there filed a response to her objection to a demurrer.
[01:37:24.880 --> 01:37:30.880]  And he filed this long rambling thing. He's been foreclosed on. She didn't pay.
[01:37:30.880 --> 01:37:44.880]  You know, same kind of stuff you're talking about. And I wrote up a little section that said that it appears as though the lawyer is he seems somewhat.
[01:37:44.880 --> 01:37:54.880]  What is the term I used? He was overly excited. He seemed to be agitated.
[01:37:54.880 --> 01:38:11.880]  I forgot the word I used. But he seems to be arguing the lawsuit he expects Tina to file when he's unable to produce the document he promised to produce.
[01:38:11.880 --> 01:38:29.880]  He lied to the judge and told the judge he had this document. And based on that lie, the judge allowed him to pursue the foreclosure. Now that you're taking him up on his offer to produce the document.
[01:38:29.880 --> 01:38:41.880]  Now he's getting. Oh, so it had a hysterical quality to it, because now he's arguing the lawsuit he sees coming that hasn't been filed yet.
[01:38:41.880 --> 01:38:54.880]  All we want to do is see the document and we ignore all that other stuff. The lawyer is trying to get you to pick up that gauntlet.
[01:38:54.880 --> 01:39:06.880]  Don't do it. The judge has already told you he considers that nonsense. So ignore it.
[01:39:06.880 --> 01:39:25.880]  Okay, I'm gonna go to court and I'll just I did have the answer I did send it to you took me some time to put together. But ever since I raised the issue them to produce the original note I filed a subpoena into the bankruptcy court he literally flipped out and I asked for an evidentiary hearing.
[01:39:25.880 --> 01:39:39.880]  And the judge denied my request without prejudice that this is a state matter you need to take that issue down to the state court and litigate it down there and I says judge I can't do that because they will not serve me.
[01:39:39.880 --> 01:39:41.880]  So we have to litigate it here.
[01:39:41.880 --> 01:39:48.880]  He says well that's why the case is up for appeal so we'll see what that is what they decide.
[01:39:48.880 --> 01:39:55.880]  But can't brandy can't they litigate foreclosure cases in the bankruptcy court are they completely barred.
[01:39:55.880 --> 01:39:59.880]  No no it's not their business that's a state issue.
[01:39:59.880 --> 01:40:00.880]  Okay.
[01:40:00.880 --> 01:40:21.880]  No jurisdiction unless you make federal claims you can claim FDIC, FedEx and Collections Practices Act and the State Settlement Procedures Act. I said FDIC not that one but RESPA and TELA.
[01:40:21.880 --> 01:40:29.880]  There's three or four other consumer protection claims you can make that would bring it into the federal court but not the bankruptcy court.
[01:40:29.880 --> 01:40:43.880]  Well that's what I'm working on right now is an adversary proceeding and I'm going to bring up federal claims within the adversary proceeding but right now it's kind of a premature because I want to see how the appeals go.
[01:40:43.880 --> 01:40:48.880]  But I still may file before they even litigate the appeals I think I want to get that.
[01:40:48.880 --> 01:41:03.880]  Hold on, since the federal court recognized you're standing under the quit claim under Rooker Fellman that's res judicata.
[01:41:03.880 --> 01:41:16.880]  You should file subject matter jurisdiction challenge in the state case in the foreclosure case.
[01:41:16.880 --> 01:41:34.880]  And then when they refuse to take it or act on it then you petition for writ of mandate and ask the Court of Appeals to mandate that the trial court hear your subject matter jurisdiction challenge based on the ruling of the federal court that you have standing.
[01:41:34.880 --> 01:41:40.880]  Randy can I still do that if I'm not listed as one of the defendants on the foreclosure matter?
[01:41:40.880 --> 01:41:48.880]  You can file a subject matter jurisdiction at any time no matter how remote in history.
[01:41:48.880 --> 01:41:55.880]  In this case you would file the subject matter jurisdiction challenge as an interpleader.
[01:41:55.880 --> 01:41:57.880]  Okay.
[01:41:57.880 --> 01:41:59.880]  Look up interpleader.
[01:41:59.880 --> 01:42:01.880]  Okay.
[01:42:01.880 --> 01:42:10.880]  You're a foreign to the actual suit and you're inserting yourself into the suit because you have standing.
[01:42:10.880 --> 01:42:11.880]  Interpleader.
[01:42:11.880 --> 01:42:18.880]  Thank you for closed against someone else on your property you absolutely have standing.
[01:42:18.880 --> 01:42:41.880]  And last the last thing I want to mention tonight there was a brand new law that was signed I think two or three weeks ago Governor Cuomo has extended the 30 days to file a motion of dismiss for standing because when you get served you only have 30 days to challenge that.
[01:42:41.880 --> 01:42:44.880]  A lot of people don't know that.
[01:42:44.880 --> 01:42:49.880]  Defense for lack of standing is not waived anymore.
[01:42:49.880 --> 01:42:53.880]  If you don't bring it up with 30 days because a lot of people.
[01:42:53.880 --> 01:42:57.880]  By the time they get an attorney the 30 days have already expired.
[01:42:57.880 --> 01:43:01.880]  So they we have a waive their right to challenge standing in New York.
[01:43:01.880 --> 01:43:05.880]  Governor Cuomo signed the bill.
[01:43:05.880 --> 01:43:15.880]  Just recently, I think it was back in, I think it was either this month or January, 2020, regarding that it is now.
[01:43:15.880 --> 01:43:18.880]  That can be brought up at any time now.
[01:43:18.880 --> 01:43:24.880]  It must work. That's how it should be no standing goes to subject matter jurisdiction.
[01:43:24.880 --> 01:43:31.880]  Right. If you don't have standing. You can't invoke the subject matter jurisdiction of the court.
[01:43:31.880 --> 01:43:33.880]  So, perfect. That's great.
[01:43:33.880 --> 01:43:43.880]  Jared is right here, January through 2020. Governor Cuomo recently signed a bill intended to defendants in foreclosure court.
[01:43:43.880 --> 01:43:51.880]  Wait, wait, wait, wait, wait, hold on about to go to sponsors Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:43:51.880 --> 01:43:59.880]  Not going to give out the call-in number. We'll go into our last segment. We'll be right back.
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[01:46:23.880 --> 01:46:52.880]  The people come down.
[01:46:52.880 --> 01:47:04.880]  Into the city, they will shuffle.
[01:47:04.880 --> 01:47:22.880]  Many long nights, many strong thrills.
[01:47:22.880 --> 01:47:35.880]  Randy needs a Texas flag. I was just, we were talking on the break, I've got an American flag above my desk. I don't know where it comes from, but it makes me feel more patriotic.
[01:47:35.880 --> 01:47:37.880]  Okay.
[01:47:37.880 --> 01:47:40.880]  Where were we, Shane?
[01:47:40.880 --> 01:47:44.880]  Yeah, I want to finish off this course for the people in New York, by the way.
[01:47:44.880 --> 01:48:00.880]  It's that 30 days has been lifted because, let me just finish it, this is interesting here, it says here that this amends Article 13 in the Rule Party of Action proceedings and allows defendants more leeway to bring defense of standing and foreclosure cases.
[01:48:00.880 --> 01:48:17.880]  New York has some of the highest delinquencies for closure in the country, concentrated in New York City. According to the data from the Lending Tree, in November 2019, New York, Newark, New Jersey metro had the highest serious delinquencies rate of 2.6%.
[01:48:17.880 --> 01:48:26.880]  Additionally, New York has some of the longest foreclosure timelines in the country, I didn't know that, at the average of 1,303 days.
[01:48:26.880 --> 01:48:35.880]  More homeowners are rightfully keeping their homes now that the governor has signed a bill into law, says Weinstein. Weinstein is the one that sponsored it.
[01:48:35.880 --> 01:48:46.880]  According to Real Politics, the law previously stated that a defendant didn't know who actually owned the mortgage and wanted to challenge their plaintiff standing to sue to foreclose.
[01:48:46.880 --> 01:48:56.880]  They could not do so within 30 days. In reality, many homeowners do not even understand the suit papers served against them, do not hire a lawyer until it's too late.
[01:48:56.880 --> 01:49:07.880]  Lacking standing as defense is waived. The law was indeed a significant authorization to permit the defense to raise at any time in litigation, Weinstein said.
[01:49:07.880 --> 01:49:16.880]  And it just goes on, it says New York has also been searching for ways to reduce zombie properties in the state. By the way, there's a whole bunch of zombie properties.
[01:49:16.880 --> 01:49:25.880]  In December, New York also took a stab at zombie properties when Governor Cuomo signed legislation granting local cities more power in fighting zombie properties.
[01:49:25.880 --> 01:49:32.880]  We're in Buffalo, and there's zombies all over the place. But I thought that was interesting for people in New York.
[01:49:32.880 --> 01:49:37.880]  What is a zombie property? I've not heard that term before.
[01:49:37.880 --> 01:49:50.880]  When you go down a neighborhood and they're vacant, they have drug dealers running the homes, squatters, homeless people live in them, drug infested.
[01:49:50.880 --> 01:50:02.880]  There were some scenes in the Sopranos, I think it was season three, that show on HBO where Tony Soprano was trying to buy a bunch of those homes, and those were zombie homes.
[01:50:02.880 --> 01:50:06.880]  And they sell them for like peanuts, for like five, ten thousand a piece.
[01:50:06.880 --> 01:50:13.880]  The problem is that once you buy them, you've got to fix them up, pay taxes, and hopefully rent them out, which is a very difficult thing in some of these areas.
[01:50:13.880 --> 01:50:24.880]  And it's even Detroit, too. So I thought that was an interesting amendment for Article 13 for foreclosure.
[01:50:24.880 --> 01:50:41.880]  This goes to the situation in New York. Pastor Masson lives in upstate New York, and someone there offered to give him a three-story building that backed up to the Canadian River.
[01:50:41.880 --> 01:50:54.880]  It was right on the river. And it would have taken $30,000 to bring it up to fair market value, and it wasn't worth $30,000.
[01:50:54.880 --> 01:51:14.880]  The property on the river, the guy had this property, could not give it away. And there are properties like that all over New York because everybody's flooding out of the Northeast. Now's not a good time to invest in property in New York unless you have some...
[01:51:14.880 --> 01:51:19.880]  Randy, the problem is the taxes are extremely high.
[01:51:19.880 --> 01:51:38.880]  Exactly. The Northeast and the central North, like Chicago and across to the East, they're old manufacturing, been there a long time, and had plenty of time to tax their companies into oblivion.
[01:51:38.880 --> 01:51:52.880]  This is, and I'm not particularly Republican or Democrat, but this is Democratic strategy. Make business pay for everything. And they think that when business pays for everything, somehow we don't pay for it.
[01:51:52.880 --> 01:52:05.880]  Well, this is what happens. The South dropped taxes to bring in business. The business flooded out of the North, into the South, and now the North is struggling.
[01:52:05.880 --> 01:52:20.880]  What's going to happen is the South will get all this business, and then they'll do the same thing the North did, and all the business will move back to the North. This is a cycle. New York's just in the bad side of the cycle.
[01:52:20.880 --> 01:52:25.880]  It just goes in circles, Randy.
[01:52:25.880 --> 01:52:47.880]  Yeah, we dropped taxes here in Dallas dramatically to get business in, and we got lots and lots of business in. Now, gradually every year, they're raising the taxes back up, and so it's just a cycle. So if you've got 100 years to wait, it'll come back around.
[01:52:47.880 --> 01:53:02.880]  Randy, I know we're running out of time, but I was going to ask you, and I know I asked you this before, and I've been asking this for two months now. They are not serving me. Is that something, are they going to try to use the old judgment from two years ago to sell the property?
[01:53:02.880 --> 01:53:13.880]  Do you think they'll use my mom's name to sell it? Because I've been recognized as the true owner, and they still have not served me. Why do you think they're waiting for?
[01:53:13.880 --> 01:53:30.880]  If you're recognized as true owner, do you have any kind of documents other than the quitclaim filed in the record?
[01:53:30.880 --> 01:53:46.880]  That's a great question. I don't know. I have the quitclaim. I have the tax bill.
[01:53:46.880 --> 01:54:06.880]  You can set up a blind trust and give a blind trust a claim against the property. That puts a third party in the mix, or unless you know somebody that you could use to do a third-party claim.
[01:54:06.880 --> 01:54:24.880]  Right now, they're just dealing with you. They feel like they can beat you up all they want to. They get a third party in there, and it creates a whole different can of worms, because now you have an innocent party in the mix.
[01:54:24.880 --> 01:54:36.880]  Right. Randy, can they still move forward with the sale of the property, even if I file an adversary proceeding or even a state court? I think it's true for everybody else out there.
[01:54:36.880 --> 01:54:47.880]  If you file a foreclosure fraud suit in your state court, a separate docket number or separate index number, would that stop the sale of the property, or would they just keep on moving forward even though there's a pending order?
[01:54:47.880 --> 01:55:07.880]  You'd have to get a restraining order. That's not hard to do. If you have a suit that will survive a 12B6 motion to dismiss for failure to state a claim, then a restraining order is almost a given.
[01:55:07.880 --> 01:55:19.880]  Yeah, they use that failure to state a claim which relief can be granted for a lot of civil rights cases. People have been falsely detained for traffic cases and so forth and so on. They use that.
[01:55:19.880 --> 01:55:29.880]  So, they've been arrested, thrown in jail, and then they file a motion to dismiss for failure to state a claim which relief can be granted. That doesn't make any sense. So how do they get in jail then?
[01:55:29.880 --> 01:55:51.880]  Well, there's nothing to prevent them from filing a motion. They did that in my federal case where it was a foreclosure case. I filed a petition for declaratory judgment, and the lawyer on the other side filed a Rule 12B6 motion to dismiss for failure to state a claim.
[01:55:51.880 --> 01:56:03.880]  And in the claims, he claimed that we sued the wrong party because Wells Fargo was not the lender. Well, Wells Fargo was the agent of the lender, so he sued the lender's shoes. The lawyer made a mistake.
[01:56:03.880 --> 01:56:21.880]  So, to capitalize on the mistake, I ran down there with a non-suit to non-suit the case so that Wells Fargo would be collaterally stopped from claiming to be the lender or the agent of the lender.
[01:56:21.880 --> 01:56:34.880]  The same day I filed a non-suit, Judge McBride dismissed my case with prejudice for failure to state a claim. It was a declaratory judgment suit.
[01:56:34.880 --> 01:56:46.880]  I went straight to the special agent charge, the FBI, and filed criminal charges against Judge McBride. Oh, that was fun.
[01:56:46.880 --> 01:56:48.880]  And what happened with that, Randy?
[01:56:48.880 --> 01:56:59.880]  I didn't pursue it. I didn't have time. I had too many other things going. But I've had three other people file that same declaratory judgment. He did not dismiss one of them.
[01:56:59.880 --> 01:57:19.880]  So, we got his attention. In your case, it's clear now that they have foreclosed on the wrong party. We've got Judge Res Judicata saying that you own the property by quick claim.
[01:57:19.880 --> 01:57:36.880]  They had to sue you. So, them not serving you, they may think if they sell the property that it will foreclose your claim, but it won't because you weren't foreclosed on in the proceedings.
[01:57:36.880 --> 01:57:53.880]  Your mother was. There's the old omen who, in Pennsylvania, the court dismissed their case because they didn't include the husband and he was a necessary party.
[01:57:53.880 --> 01:57:57.880]  You had a quick claim in the record. You were a necessary party.
[01:57:57.880 --> 01:58:10.880]  And on top of that, Randy, I followed motions pursuant to CPR 1001 to be added as joiner, and they said that they denied it as not being done timely.
[01:58:10.880 --> 01:58:29.880]  Then with the final subject matter jurisdiction challenge, that has no time on it. Okay, we are about to run out of time. Thank you, Shane. Thank you, everybody who's called in. Thank all our listeners.
[01:58:29.880 --> 01:58:41.880]  And make sure you check out our sponsors and help keep this show on the air because we need all the help we can get. It's expensive to keep the show going.
[01:58:41.880 --> 01:58:49.880]  And we'll be back next week. Same time. Thank you all for listening. Good night.
[01:58:49.880 --> 01:58:59.880]  We'll be back next week. Thank you.
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