ROL_2020-04-24_16k_Hr3-4.timecode
[00:00.000 --> 00:06.800] The following news flash is brought to you by The Lowest Star of Lowdown.
[00:06.800 --> 00:13.040] Markets for Monday the 22nd of July 2019 Open with Precious Metals Gold $1,429 an ounce
[00:13.040 --> 00:17.760] Silver $16.45 an ounce Copper $2.75 an ounce
[00:17.760 --> 00:23.720] Oil Texas Crude $55.63 a barrel Brent Crude $62.47 a barrel
[00:23.720 --> 00:31.880] And cryptos in order of market cap Bitcoin Core $10,566.52 Ethereum $227.26
[00:31.880 --> 00:41.560] XRP Ripple $0.33 Lint Coin $100.31 and Bitcoin Cash is at $324.10 a crypto coin
[00:41.560 --> 00:52.520] Jane History the year 1916 the preparedness day bombing a time suitcase bomb was detonated on
[00:52.520 --> 00:58.280] Market Street in San Francisco during the World War I preparedness day parade killing 10 and
[00:58.280 --> 01:07.480] entering 40 today in history and recent news since the governor Greg Abbott signed house bill
[01:07.480 --> 01:13.160] 1325 legalizing heaven attacks law back in June county prosecutors around the state including
[01:13.160 --> 01:17.720] Houston Austin San Antonio have been dropping marijuana possession charges and even refusing
[01:17.720 --> 01:22.280] to file new ones since they are stipulating that they do not have the time or the laboratory
[01:22.280 --> 01:27.160] equipment to test the ear for THC Margaret Moore the Travis County District Attorney
[01:27.160 --> 01:31.160] announced earlier this month that she was dismissing 32 felony possession and delivery
[01:31.160 --> 01:35.800] of marijuana cases because of the law Mr. Abbott and other state officials including
[01:35.800 --> 01:40.040] the attorney general stipulated in a letter that county district attorneys back on Thursday that
[01:40.040 --> 01:45.640] marijuana has not been decriminalized in Texas and that these actions demonstrate a misunderstanding
[01:45.640 --> 01:52.280] of how HB 1325 works as well as other cities too like the district attorney in El Paso
[01:52.280 --> 01:57.960] Kyma Esparza a Democrat who also stated earlier this month that the law quote will not have an
[01:57.960 --> 02:03.400] effect on the prosecution of marijuana cases in El Paso however the issue was succinctly
[02:03.400 --> 02:08.680] summarized by Mr. Brandon Ball an assistant public defender in Harris County who stated that quote
[02:08.680 --> 02:13.240] the law is constantly changing on what makes something illegal based on its chemical makeup
[02:13.240 --> 02:18.120] it's important that if someone is charged with something the test matches what they're charged with
[02:22.520 --> 02:27.880] a paper by Tulane University identified a five and a half inch American pocket shark as the first
[02:27.880 --> 02:33.560] of its kind in the Gulf of Mexico the specimen being only the second pocket shark ever captured
[02:33.560 --> 02:39.400] or recorded with the other one being found way back in 1979 in the East Pacific Ocean according
[02:39.400 --> 02:45.400] to the university paper the shark secretes a luminous fluid from a gland near its front fins
[02:45.400 --> 02:50.440] for the purpose it is hypothesized to lure and pray maybe drawn into the glow
[02:50.440 --> 02:58.040] this is book roadie with a lowdown for July 22nd 2019
[02:58.040 --> 03:07.640] yeah
[03:16.600 --> 03:24.440] well i received my remedy today came in the box just like the state
[03:24.440 --> 03:28.040] i accepted for value right away
[03:29.560 --> 03:37.800] not later we are originators and the pathway seems to get straighter every day
[03:39.400 --> 03:46.040] and i can take anything that belongs to me and put it to good use
[03:46.040 --> 03:59.000] okay we are back brandy kelton wet fountain the rule of law radio and we're talking to david in
[03:59.000 --> 04:05.560] texas okay david i just asked that question because it was one of the things i had been
[04:05.560 --> 04:12.840] wondering about you know i've had dr veth on the show and he's our fiat currency guy and
[04:12.840 --> 04:19.720] then he's got a real good presentation on why fiat currency is such a problem but
[04:20.840 --> 04:26.600] and i was expecting that our currency would begin to deflate but it never did
[04:28.440 --> 04:35.240] so is have we reached a point in our economic evolution
[04:35.240 --> 04:44.920] such that fiat currencies are no longer the problem in a stable economy that they once were
[04:47.560 --> 04:55.960] and my son what my son said about hyperinflation we can't have hyperinflation because there's
[04:55.960 --> 05:04.680] nothing for the us currency to hyperinflate against because most every currency on the planet
[05:05.800 --> 05:14.200] follows us currency we are the world standard-based currency so there's nothing for us to hyperinflate
[05:14.200 --> 05:22.200] against if our dollar starts to hyperinflate the whole world will hyperinflate and if the whole
[05:22.200 --> 05:25.960] world hypers inflate hyperinflates at the same time they're going to make any difference
[05:26.760 --> 05:31.720] we're still all on par with one another does that make sense
[05:34.440 --> 05:37.320] i hadn't thought of it like that before that does make sense
[05:39.400 --> 05:45.400] yeah my son is he's an engineer but he has insight
[05:45.400 --> 05:51.080] that could do without that dry humor he nails me on a regular basis
[05:53.000 --> 06:02.040] okay are you there david oh yeah okay that that was kind of off topic uh what we have
[06:02.040 --> 06:06.440] kind of bushwhacked you and drug you off topic what was it you wanted to address
[06:06.440 --> 06:17.000] oh yeah um i was uh i have just lost you here file federal court uh wait hold on hold on
[06:17.000 --> 06:20.200] can you move the mic a little away from your mouth you're distorting
[06:22.200 --> 06:30.040] oh i have just lost it the file of the federal court and um the parking attorney uh
[06:30.040 --> 06:38.360] uh there's a motion for wait wait man hold on Brett can you understand him no it sounds
[06:38.360 --> 06:44.600] like maybe he his connection is not that good it's breaking up in a digitized sort of way
[06:45.400 --> 06:49.480] yeah you know sometimes when you say a word and the word gets stretched out a little bit
[06:50.840 --> 06:55.560] because the the packets aren't moving quickly enough that's kind of what it sounds like the
[06:55.560 --> 07:02.360] the words are distorting and i'm having trouble understanding it okay uh can you turn your mic
[07:02.360 --> 07:15.880] down uh how's this i'm not sure say more uh yeah i saw the uh lawsuit and the opposing attorney
[07:15.880 --> 07:22.200] attorney uh filed for story judgment you want to do anything on that or just wait until we
[07:22.200 --> 07:29.800] have the meeting and the judge is off i cannot understand you can you try speaking slower can
[07:29.800 --> 07:34.840] you move the mic away from your mouth it got better there may have been he had some interference
[07:34.840 --> 07:40.680] or something but it got better okay he was saying the u.s. attorney filed for summary judgment
[07:41.320 --> 07:48.920] and then should he do something i couldn't understand or should he wait say that last part again
[07:48.920 --> 07:50.920] uh david
[07:52.520 --> 08:02.680] unlawful attorney attorney while the summary judgment do i have to do anything on that or just
[08:02.680 --> 08:09.960] wait i cannot understand you try hanging up and calling back we might get a better connection
[08:09.960 --> 08:22.280] uh okay thank you so he was saying the attorney filed for a summary judgment and then he said
[08:22.280 --> 08:30.440] do i have to do anything on that or should i just wait oh okay he definitely he has to do something
[08:30.840 --> 08:38.120] yeah okay okay david rejection okay if if you're asking if the other side filed for summary judgment
[08:38.120 --> 08:41.560] you definitely have to respond with him with an opposition
[08:45.000 --> 08:46.280] was that your question david
[08:48.120 --> 08:59.400] get out of the wall right now no this is worse what for a while wait any chance you're calling
[08:59.400 --> 09:12.520] us on skype uh i couldn't understand that you're breaking up way too bad yeah
[09:15.000 --> 09:20.200] hang up for a few minutes let us talk to josh and when we're done with josh then call back at me
[09:20.200 --> 09:31.160] get better okay thank you david okay now we're going to go to josh in pennsylvania hello josh
[09:31.160 --> 09:38.920] what do you have for us today um i just wanted to tell you about my most recent uh experience
[09:38.920 --> 09:46.440] with uh the fine legal system um i was turned down for a public defender um after they had gotten
[09:46.440 --> 09:53.560] all my paperwork in i received a letter in the mail stating i was not eligible
[09:55.480 --> 10:02.040] and i had a status conference yesterday um the status conference was your your typical
[10:03.800 --> 10:09.080] kind of nothing really happened in that just because too much i mean i can go into a little bit
[10:09.080 --> 10:16.040] of it but primarily i was calling about how to a couple of i wanted your two cents on how to address
[10:16.040 --> 10:24.520] getting turned down for a public defender interlocutory appeal well all right now this is going to
[10:24.520 --> 10:30.600] bring you to my next question because the public defender's office is the one that sent me the
[10:30.600 --> 10:41.640] letter okay i have a motion in for the court to rule on that particular issue that's not going to
[10:41.640 --> 10:49.320] be heard i think until the 30th i got to check my paperwork again and i have the feeling because of
[10:49.320 --> 10:55.640] all this coronavirus stuff and then having the courthouse shut down they're not going to call me
[10:55.640 --> 11:02.520] to appear during that uh like they did for the status conference um i think i think they're
[11:02.520 --> 11:07.720] going to he's going to rule on that without me there um that was another question i had so
[11:07.720 --> 11:14.840] that the but to your point i i have not the judge did not rule against me getting a system
[11:14.840 --> 11:21.560] to counsel from the public defender's office this was just the public defender's office citing rules
[11:21.560 --> 11:29.160] and regulations that govern them making me eligible you don't care what they say
[11:29.160 --> 11:37.480] did you petition the court for court appointing counsel i did i filed a uh
[11:38.520 --> 11:44.280] informal plot risk uh request for assistance to counsel okay this is good for the court
[11:44.840 --> 11:51.080] you don't care what these guys say got you you asked for a hearing on your motion
[11:51.080 --> 12:01.640] yes well now i could just call the clerk to make sure that i'm there but they call me because of
[12:01.640 --> 12:05.320] all this weirdness where the courthouse is shut down and they're doing everything telephonically
[12:06.520 --> 12:12.120] i could just call the clerk but i really don't trust these people i've i've had the magistrate
[12:12.120 --> 12:19.000] actually call me on the phone and say hey that hearing that we have uh it was a small claim
[12:19.000 --> 12:24.440] yeah we're not going to have it my mom's in hospital and not show up and just to get a summary
[12:24.440 --> 12:29.400] judgment a week later he even though he told me not to show up so i was thinking should i file
[12:30.120 --> 12:36.040] a motion to have a oral argument on on this particular thing because i have that and the
[12:36.040 --> 12:43.880] motion dismissed my my uh my pre-trial motions are all sitting there file a motion for ruling on
[12:43.880 --> 12:53.240] your motion okay or you're okay you're in pennsylvania uh who sets motions for shearing
[12:57.480 --> 13:02.840] okay let me let me back up in the mail filing a motion doesn't get your motion heard as a rule
[13:04.680 --> 13:11.400] as a rule to get your motion heard you must contact the court's coordinator and
[13:11.400 --> 13:20.360] and ask for a date on which the motion can be heard and set the motion on the court calendar
[13:22.440 --> 13:31.800] so call the clerk and ask who is the coordinator for the judge or who keeps the judge's calendar
[13:31.800 --> 13:41.880] and get that person it may be the clerk but it also may be another individual who just
[13:41.880 --> 13:48.840] worked for the judge he's a judge's secretary and you contact that person and ask for a date
[13:48.840 --> 13:59.800] to set this motion for hearing see what they say if they give you any garbage then you file a
[13:59.800 --> 14:09.400] motion to set this motion for hearing you want to get that in the record and then if they refuse
[14:10.520 --> 14:20.040] then you file a petition for rid of mandamus with okay if you're in uh small claims court it'll
[14:20.040 --> 14:25.640] probably be are you in front of a magistrate oh no this particular issue is the criminal charge
[14:25.640 --> 14:33.400] um uh joining under the influence of the guy sleeping in the van oh okay okay then yeah you
[14:33.400 --> 14:40.200] would go to the court of appeals and ask for an order ordering the judge to set a hearing on
[14:40.200 --> 14:47.720] this motion now the judge can get out of that just by rendering a ruling but there has to be a written
[14:47.720 --> 14:56.520] ruling and once you have a written ruling then you can do an interlocutory appeal gotcha well I
[14:56.520 --> 15:04.120] will say I received in the mail that they were going to they gave me a court date but the only
[15:04.120 --> 15:12.200] I'm confused about yes the only thing I'm confused about is the court's a closed down and I know for
[15:12.200 --> 15:18.760] my status conference they did it over the phone and I was called repeatedly to make sure I was going
[15:18.760 --> 15:25.480] to be available for that but nobody has said a word about my my motion to dismiss and my former
[15:25.480 --> 15:31.160] pompous you know assistance of counsel motion I have a feeling he's going to rule on it without me
[15:31.160 --> 15:42.600] right then file a motion to set a hearing date well it is set I just need to make sure that I'm there
[15:42.600 --> 15:48.760] because I can't just show up at the short court house these days that's if unless if they don't
[15:48.760 --> 16:00.760] say otherwise yes you can it goes to what we've been talking about earlier there are things they
[16:00.760 --> 16:09.240] can do because of this epidemic problem and things they cannot do because of the constitution
[16:11.000 --> 16:15.800] and under the constitution you have a right to petition the court for redress grievance
[16:17.320 --> 16:22.920] you've you've filed that petition you have a right to prosecute that petition
[16:22.920 --> 16:31.000] just because they're having an epidemic doesn't get them out from under that requirement especially
[16:31.000 --> 16:37.800] since this is criminal well I guess an interesting thing I could do is just not say anything to
[16:37.800 --> 16:43.400] anybody and show up at the courthouse and have them not let me in and then absolutely that would
[16:43.400 --> 16:49.160] work perfectly okay I've got a suggestion I'll say when we get back on the other side
[16:49.160 --> 16:56.600] but show up with a gas mask on and they kill me rest out we'll be right back
[17:00.120 --> 17:04.680] are you being harassed by debt collectors with phone calls letters or even losses
[17:05.240 --> 17:10.840] stop debt collectors now with the michael mirris proven method michael mirris has won six cases
[17:10.840 --> 17:15.640] in federal court against debt collectors and now you can win too you'll get step-by-step
[17:15.640 --> 17:20.680] instructions in plain english on how to win in court using federal civil rights statute
[17:20.680 --> 17:26.440] what to do when contacted by phones mail or court summons how to answer letters and phone calls
[17:26.440 --> 17:31.000] how to get debt collectors out of your credit reports how to turn the financial tables on them
[17:31.000 --> 17:37.000] and make them pay you to go away the michael mirris proven method is the solution for how
[17:37.000 --> 17:42.360] to stop debt collectors personal consultation is available as well for more information please
[17:42.360 --> 17:48.200] visit rule of law radio dot com and click on the blue michael mirris banner or email michael mirris
[17:48.200 --> 17:57.160] at yahoo dot com that's rule of law radio dot com or email michael mirris at yahoo dot com
[17:57.160 --> 18:03.960] to learn how to stop debt collectors now rule of law radio is proud to offer the rule of law
[18:03.960 --> 18:08.120] traffic seminar in today's america we live in an us against them society if we the people are
[18:08.120 --> 18:12.440] ever going to have a free society then we're going to have to stand and defend our own rights
[18:12.440 --> 18:16.120] among those rights are the right to travel freely from place to place the right to act in our own
[18:16.120 --> 18:20.680] private capacity and most importantly the right to due process of law traffic courts afford us the
[18:20.680 --> 18:25.160] least expensive opportunity to learn how to enforce and preserve our rights through due process
[18:25.160 --> 18:29.240] former sheriff's deputy eddie craig in conjunction with rule of law radio has put together the most
[18:29.240 --> 18:33.320] comprehensive teaching tool available that will help you understand what due process is and how
[18:33.320 --> 18:37.560] to hold courts to the rule of law you can get your own copy of this invaluable material by going to
[18:37.560 --> 18:41.880] rule of law radio dot com and ordering your copy today by ordering now you'll receive a copy of
[18:41.880 --> 18:46.200] eddie's book the texas transportation code the law versus the line video and audio of the original
[18:46.200 --> 18:50.920] 2009 seminar hundreds of research documents and other useful resource material learn how to fight
[18:50.920 --> 18:55.160] for your rights with the help of this material from rule of law radio dot com order your copy today
[18:55.160 --> 18:58.280] and together we can have the free society we all want and deserve
[18:58.280 --> 19:05.080] you are listening to the logo radio network
[19:18.200 --> 19:23.560] okay we are back randy kelton brett fountains rule of law radio we're talking to josh in
[19:23.560 --> 19:36.040] pennsylvania and josh you might show up with a full gas mask on and gloves
[19:38.840 --> 19:43.880] so they can't i see who you are and under the gas mask a ski mask
[19:43.880 --> 19:52.840] well i mean i i did do a lot of work in the restoration business um and i have some tivex
[19:52.840 --> 20:00.200] suits and all that good stuff but i i mean i could i could dawn full hazmat gear yeah
[20:04.920 --> 20:09.000] oh that would be funny now they got nothing to complain about
[20:09.000 --> 20:19.320] about you're safe but they can't see you and that'll make them crazy i i've thought about
[20:19.320 --> 20:28.120] going to walmart with a ski mask and then goggles under the ski mask well you honestly
[20:28.120 --> 20:34.600] wouldn't seem out of place around here everybody's pretty bundled up i always made cold that you
[20:34.600 --> 20:42.360] know big rob liquor stores now you wouldn't even look out of place you know i mean well i've been
[20:42.360 --> 20:49.560] thinking about doing that just to be annoying there's need to turn this back on them
[20:52.200 --> 20:57.480] so i get a i need to i need to get one of those masks for the next time i'm pulled over
[20:57.480 --> 21:06.600] so he's walking up the car put this on he's not going to like it he can't see you see me
[21:11.800 --> 21:18.440] okay but but in your case i think i should show up at the courthouse you know but i'll throw a
[21:18.440 --> 21:25.000] Benin 95 mask around my neck you know to you know whatever i'm sure they're not wearing them inside
[21:25.000 --> 21:34.120] the building but anyway i should show up there and try and get in it always show up if they
[21:36.120 --> 21:42.600] document it if you can turn your phone on you all you need is audio if you can get video great but
[21:44.120 --> 21:48.840] at least get audio to have somebody with you if you can they could be
[21:48.840 --> 21:56.760] um they can be a witness to say that this happened okay because i know they're just
[21:56.760 --> 22:01.480] rolling against me and everything um so i'm sure that's what they're going to do with this
[22:02.040 --> 22:07.800] which is i guess we need my next question sort of where the interlocutor appeals on all of these
[22:07.800 --> 22:13.240] things that i have sitting before them when they do go against me yeah that'll annoy them and and
[22:13.240 --> 22:24.200] make sure you bar grieve the lawyers okay these public defenders they're public defenders because
[22:24.200 --> 22:30.200] generally they're not the sharpest knives in the drawer because if if they were they'd be about
[22:30.200 --> 22:44.040] making the big bucks when you grieve them that's going to sting them big time tell them Brett yeah they love it the
[22:44.760 --> 22:51.640] only interaction i've had with a lawyer from the public defender's office was the one sent to me
[22:51.640 --> 22:58.040] in the mail a letter saying that i i'm not qualified to be represented i'm not eligible
[22:58.040 --> 23:03.160] to charge him with impersonating a judicial officer exactly
[23:06.440 --> 23:07.560] he's not a judge
[23:10.680 --> 23:19.720] and that's a personal communication with you so he's personal and anyway he's public
[23:19.720 --> 23:26.120] he's also he's also offering unsolicited legal advice and he's trying to deprive somebody
[23:26.120 --> 23:34.920] of rights pre-trial rights and he's trying to obtain a waiver of pre-trial rights he's lining
[23:34.920 --> 23:43.880] up a whole bunch of violations criminal and ethical of his violation of the bar rules yeah
[23:44.760 --> 23:52.040] and he's trying to deny your you in your right to represent representation by council
[23:52.040 --> 24:01.160] so that one's constitutional so you might you might file a complaint against him with
[24:01.160 --> 24:08.120] the special agent charge of the FBI i can send another one out maybe i'll just get a stream
[24:08.120 --> 24:14.680] of these going to that to that uh that office over the following weeks um i already got the one in
[24:14.680 --> 24:22.040] i'm waiting um hear back on that uh i sent that on in against the magistrate the district attorney
[24:23.080 --> 24:29.160] and i believe i threw in the attorney general of state of pennsylvania but uh because their office
[24:29.160 --> 24:36.520] refused to take my complaints also so i got that one sitting out there already um but okay i'll go
[24:36.520 --> 24:45.560] oh wait wait a minute you're you're you're gonna get some have a serious serious problem if you
[24:45.560 --> 24:52.920] keep this up they're not gonna send you a christmas card oh no just goodness you know that's a shame
[24:54.040 --> 24:59.800] you're gonna have to deal with that well i i never really made a lot of friends out here and it
[24:59.800 --> 25:04.760] wasn't from not being a nice guy you know like i said i was talking earlier my first interaction
[25:04.760 --> 25:11.160] with the legal system here was over a small claim and this is the honest to god's truth the local
[25:11.160 --> 25:18.360] magistrate you know summoned me to appear for assault small claim i showed up there and not only
[25:18.360 --> 25:24.920] was the plaintiff suing me over something not there the judge wasn't there and the magistrate wasn't
[25:24.920 --> 25:31.960] there so i had to turn around and leave they sent me another summons and that the day of that summons
[25:31.960 --> 25:38.840] i got a phone call saying oh uh we're not going to have court today because my mother's in the hospital
[25:40.120 --> 25:46.440] okay because he was lying oh yes exactly the week later there was a summary judgment
[25:48.520 --> 25:53.480] ruling against me so i mean that was my first interaction with these people that's gone down
[25:53.480 --> 26:00.520] however since um so yes i'm i'm pretty sure i'm not getting any christmas cards this year or many
[26:00.520 --> 26:11.240] year so well you will get an add a boy for me and brett well that's that's that's more than good
[26:11.240 --> 26:18.120] enough this is this is why we do this show we you know it's like you know the revolution
[26:18.920 --> 26:26.520] only three percent of the population participated if three percent can overthrow a government
[26:26.520 --> 26:35.640] um a half a percent can with some really good tools can really drive them crazy
[26:37.480 --> 26:43.800] and at the end of the day it's been my observation that most of these guys want to be good guys
[26:45.480 --> 26:50.360] they think they're good guys policemen become policemen because they want to be good guys
[26:50.360 --> 26:58.520] and they get in this business and find out it's not like they thought it was but they have to
[26:58.520 --> 27:04.360] do what they're trying to do and then they need someone to come along and demonstrate that the
[27:04.360 --> 27:12.840] king has no clothes and then we get these people who do want to be the good guys when but they're
[27:12.840 --> 27:17.720] forced to look at the law and the procedures we build internal pressures to correct them
[27:17.720 --> 27:27.880] uh i worked on the county i lived in living here for quite a while and when the sheriff that was
[27:27.880 --> 27:33.480] in he was an ex-sexist ranger he was the one that told him that they're not to stop me they're not
[27:33.480 --> 27:39.400] to cite me and whatever you do you don't put that so be in my jail when he got out we got a new
[27:39.400 --> 27:45.800] sheriff in and i ran against the sheriff i ran for sheriff but i ran out of money and then i endorsed
[27:45.800 --> 27:56.520] him but he had paid attention when this sheriff got in i never got another complaint from anyone
[27:56.520 --> 28:01.880] about the sheriff's department and prior to that i had people coming to me all the time
[28:03.480 --> 28:05.480] we do have influence
[28:05.480 --> 28:15.000] um someone recently the chief of police the friend of mine was a policeman i helped keep
[28:15.000 --> 28:21.720] his job he told about the chief of police telling the majesty the justice of the peace oh boy
[28:22.680 --> 28:29.320] you're gonna have to deal with randy kelton she said oh i've dealt with him before he's not
[28:29.320 --> 28:38.040] too bad oh you think so to get them saying that kind of thing the changes of behaviors because
[28:38.040 --> 28:44.520] they don't want to run into this guy again and you need to be that guy well in pennsylvania
[28:45.800 --> 28:54.680] on that note um after having a few uh parents is at the court common police up here um i
[28:54.680 --> 29:02.040] definitely got an intimate view of the the cattle drive they have in the in these rooms
[29:05.160 --> 29:11.080] they have such a finely oiled machine of just moving everybody through i'm just counting
[29:11.080 --> 29:16.760] due process violations like while i'm sitting there it's hard to lose track after a while
[29:16.760 --> 29:26.360] um exactly on this note on my status conference that i just had yesterday over foam the issues
[29:26.360 --> 29:35.160] that came up uh the primary one was if i was taking the ard program the accelerated rehabilitative
[29:35.160 --> 29:44.040] rehabilitation disposition um and i said no um then the follow-up question was have you gotten
[29:44.040 --> 29:50.760] your crn evaluation criminal reporting network i said no they said well you need to do that
[29:51.560 --> 29:59.560] and then i cited the governing statute where it says specifically that it's required only if you're
[30:00.840 --> 30:05.960] everyone knows that walking is great exercise but you might not know that the way you walk could
[30:05.960 --> 30:10.920] predict how long you're going to live i'm dr kathryn albright and i'll be back to tell you more
[30:10.920 --> 30:17.240] about walking prognostication in just a moment privacy is under attack when you give up data
[30:17.240 --> 30:22.920] about yourself you'll never get it back again and once your privacy is gone you'll find your freedoms
[30:22.920 --> 30:28.760] will start to vanish too so protect your rights say no to surveillance and keep your information
[30:28.760 --> 30:34.440] to yourself privacy it's worth hanging on to this public service announcement is brought to you by
[30:34.440 --> 30:41.080] start page dot com the private search engine alternative to google yahoo and bing start over with
[30:41.080 --> 30:47.960] start page new research shows how fast you walk could predict how long you're going to live the
[30:47.960 --> 30:53.240] journal of the american medical association reports that older adults who walk one meter per second
[30:53.240 --> 30:58.440] or faster live longer than expected in case you're wondering one meter per second is about
[30:58.440 --> 31:03.720] two and a quarter miles per hour a senior's age gender and walking speed whereas good at predicting
[31:03.720 --> 31:09.400] life expectancy as more traditional statistical measures generally speaking faster walkers live
[31:09.400 --> 31:14.680] longer measuring walking speed is quick and inexpensive it only takes a stopwatch some
[31:14.680 --> 31:19.880] space to walk in a few minutes researchers say it could help doctors identify older patients who
[31:19.880 --> 31:25.640] need special care i'm dr kathryn albright more news and information at kathrynalbright.com
[31:25.640 --> 31:36.360] i lost my son my nephew my uncle my son on september 11th 2001 most people don't know that
[31:36.360 --> 31:42.280] a third tower fell on september 11 world trade center seven a 47 story skyscraper was not hit
[31:42.280 --> 31:48.200] by a plane although the official explanation is that fire brought down building seven over 1200
[31:48.200 --> 31:52.360] architects and engineers have looked into the evidence and believed there is more to the story
[31:52.360 --> 31:58.520] bring justice to my son my uncle my nephew my son go to building what dot org why it fell
[31:58.520 --> 32:04.520] why it matters and what you can do logos radio network welcomes a new show to our lineup for
[32:04.520 --> 32:11.160] the new year scripture talk with nana will begin wednesday january 8th from 8 to 10 p.m central
[32:11.160 --> 32:17.880] time our goal is in accord with matthew 516 let your light so shine before men that they may see
[32:17.880 --> 32:23.880] your good works and glorify your father which is in heaven we wish to reflect god's light and be a
[32:23.880 --> 32:30.120] blessing to all those with a hearing ear join nana and guests for both verse by verse bible studies
[32:30.120 --> 32:36.440] and topical bible studies designed to provoke onto love and good works our verse by verse bible
[32:36.440 --> 32:41.960] studies will begin in the book of matthew where we will discuss one chapter per week our topical
[32:41.960 --> 32:47.400] bible studies will vary each week and will explore sound doctrine as well as christian character
[32:47.400 --> 32:53.960] development so mark your calendar and join us live on logos radio network dot com wednesdays
[32:53.960 --> 33:00.120] from 8 to 10 p.m starting january 8th for an inspiring and motivating discussion of the scriptures
[33:00.120 --> 33:10.120] live free speech radio logos radio network dot com
[33:30.120 --> 33:40.120] um
[33:40.120 --> 33:50.120] um
[33:54.040 --> 34:01.800] okay we are back randy kelton brett mountain rule of law radio on this friday the 24th day of
[34:01.800 --> 34:10.920] April 2020 and we're talking to josh in pennsylvania okay josh we just fell off the cliff there
[34:11.960 --> 34:17.560] when we went out you were talking about uh they tried to impose something on you and you brought
[34:17.560 --> 34:25.160] up the law and you said it only applies yes uh it only applies if you've been convicted and it's
[34:25.160 --> 34:30.600] prior to sentencing and needs to be done prior to sentencing or if you're cutting a deal with them
[34:30.600 --> 34:38.440] for ar day and after i got done spitting that out um you kind of pivoted the conversation
[34:39.240 --> 34:47.240] to well something about a lawyer and you know i said no they denied me and uh then i think the um
[34:47.880 --> 34:54.200] the district attorney chimed in and said this is going to trial it looks like this is going to trial
[34:54.200 --> 34:59.320] you know just set a date for it you know you know set the next date on the calendar for it
[34:59.320 --> 35:05.320] and then the judge proceeded to give me legal advice which you perked my ears with from with
[35:05.320 --> 35:11.000] what you said earlier about the uh the lawyer who sent me the letter in the mail he said well you
[35:11.000 --> 35:18.200] know you should really uh go get the crn evaluation because maybe the district attorney will have a
[35:18.200 --> 35:25.320] more favorable deal for you if you go i mean that's literally what he told me well now randy is
[35:25.320 --> 35:30.120] randy is i know they always say the judge always say that they can't give you legal advice but randy
[35:30.120 --> 35:35.720] isn't that the couldn't he do that um judge could give you legal advice right yes you can't but you
[35:35.720 --> 35:41.960] know the judge certainly can and anytime you go before a federal judge that's primarily what they
[35:41.960 --> 35:48.680] do they give you both sides legal advice they say you file this motion this is what's wrong
[35:48.680 --> 35:54.440] with the motion this is what you need to change you fix this and send it back to me
[35:54.440 --> 36:00.520] and then you go to the other side say this was wrong with yours this time he wants everything
[36:00.520 --> 36:08.040] right so yeah judges can do that okay so he's ivory so thus far but if he's a low level judge
[36:08.040 --> 36:21.640] you can grieve him anyway uh i want to save my first uh judicial conduct complaint and um bar
[36:21.640 --> 36:26.760] grievance for a judge at this because i haven't mess with any of the judges at this court yet
[36:27.400 --> 36:33.240] i i definitely tuned up my local magistrate over the years he's probably got at least three or four
[36:33.240 --> 36:39.800] judicial conduct complaints against them over the last 10 years um but i've never done it up here
[36:39.800 --> 36:46.040] yet i think i'll wait until one really does something that's terrible um they haven't been that dumb
[36:46.040 --> 36:55.000] yet so i'll hold off on that one um but i would like to to to mess with the public defender's
[36:55.000 --> 37:02.600] office and i was thinking about doing a right to no act request um just to kind of annoy him
[37:03.320 --> 37:09.080] and try and get to the bottom as to why i was denied other than the obvious a they don't like me
[37:09.080 --> 37:14.200] and b i already have motions on there they actually have to defend me you know that's
[37:14.200 --> 37:18.920] it is the public defender's office but we all know that that's kind of not what they do yeah so
[37:18.920 --> 37:23.960] i would like to mess with them a little more and you mentioned bar grievance and all that against
[37:23.960 --> 37:32.840] the attorney but i was looking to go at the office itself um i would like i said i was thinking of
[37:32.840 --> 37:38.920] a right to no act it's a little weird the problem with the office itself is the office itself cannot
[37:38.920 --> 37:47.720] do anything improper or illegal against you and the office itself doesn't have the responsibility
[37:47.720 --> 37:56.600] doesn't sign up for i will follow these ethical rules to be a lawyer the lawyer himself does take
[37:56.600 --> 38:05.080] a look at in pennsylvania take a look at uh the rules of professional conduct and look at rule 3.8
[38:05.080 --> 38:13.560] and subsection b and c i believe will be very interesting to you that uh 3.8 is the special
[38:13.560 --> 38:22.440] responsibilities of a prosecutor and subsection b and c are saying that the prosecutor shall make
[38:22.440 --> 38:28.680] reasonable efforts to assure that the accused has been advised of the right to and the procedure for
[38:28.680 --> 38:35.720] obtaining counsel and has been given reasonable opportunity to obtain counsel and subsection
[38:35.720 --> 38:43.800] c says that he shall not seek to obtain from an unrepresented accused a waiver of important
[38:43.800 --> 38:52.280] pretrial rights so that both of those you can space those a week or two apart give him a couple of
[38:52.280 --> 39:01.080] them hit hit him on both of those okay sounds good all right so at this juncture i should leave
[39:01.080 --> 39:05.800] the public defender's office and we'll just go after the one particular lawyer that was smart
[39:05.800 --> 39:11.000] enough to send me a letter in the mouth with his name on the bottom i'm not saying don't go after
[39:11.000 --> 39:18.120] anybody else okay you can certainly go after if you know can see who is this guy's boss
[39:18.120 --> 39:25.960] they have a responsibility to keep their underlings in check and not let their underlings go break in
[39:25.960 --> 39:32.600] the law due on that unethical things so if you can see who's the supervisor do you know is this
[39:32.600 --> 39:41.160] an assistant of any kind or can you tell well no no actually like all they don't like to tell you
[39:41.160 --> 39:45.320] too much and you know even if you do that staring like you give your last names and all that all
[39:45.320 --> 39:51.080] that good stuff that's okay you can do a records request for that you can send in a request say
[39:51.080 --> 39:58.520] i need you to show me all of the people on your payroll i want to know how much you pay each one
[39:58.520 --> 40:05.640] i want to know their full names job titles and just just to ask for some general information
[40:05.640 --> 40:13.240] like that but it's going to obviously get all of their eyebrows going and when you get that
[40:13.240 --> 40:20.040] information back then you'll know exactly who to bar grieve no no but we will we're reluctant to give
[40:20.040 --> 40:32.440] you the address of a prosecutor or a police officer or a judge but public defender he's
[40:32.440 --> 40:40.360] a whole other animal he's not really a part of the system he's outside it so he should not be
[40:40.360 --> 40:46.920] accorded those kinds of protections he's just a lawyer so you ask for their home address
[40:47.880 --> 40:57.240] oh that'll get them hopping up and down and then take a look at your rule 5.1 as well in there
[40:57.240 --> 41:03.720] this is the responsibility of the partners managers supervisory lawyers the ones who
[41:03.720 --> 41:11.960] were in charge of this guy that did the wrong thing and you can see there how you would bar
[41:11.960 --> 41:19.160] grieve use the rule 5.1 to bar grieve the partners of whatever law firm they've hired or if it's
[41:19.160 --> 41:23.400] somebody that works there in the office they still are going to probably have a supervisor that you
[41:23.400 --> 41:32.120] can pop with this rule 5.1 the responsibility to get the underlings to be right yes and josh
[41:32.120 --> 41:38.520] have you ever looked at the american bar association standards for the prosecution function
[41:40.760 --> 41:47.720] you would mention this to me on one of my previous calls and i never looked it up what was the exact
[41:47.720 --> 41:58.040] um names it the standards for the prosecution function it will it will read like a comic book
[41:58.040 --> 42:10.600] i can bar grieve him for this oh you'll love it it is so sanctimonious they don't do any of that
[42:10.600 --> 42:21.800] stuff okay um all right uh well i think i i i think i know where to how to move forward i'm
[42:21.800 --> 42:27.480] going to show up at the courthouse see what happens what they do there um on those motions
[42:27.480 --> 42:31.720] and if they rule against me on the motions i'll start preparing um interlocutory appeals
[42:31.720 --> 42:39.560] on them i'll deal with that at that juncture and then uh bar grievances against the attorney
[42:39.560 --> 42:46.840] that sent me a letter and uh check out some of these the citations that you gave me and also the
[42:46.840 --> 42:51.560] american bar association standards for the function of the prosecution prosecutor
[42:51.560 --> 42:59.720] all right standards for the prosecution function yes from american bar.org
[43:01.000 --> 43:07.000] american bar.org you got it well actually you all have been very helpful is there anything else
[43:07.000 --> 43:13.560] that you might want to throw at me or no we're about to go to break so keep us up to date on what
[43:13.560 --> 43:22.280] happens you're having what but you are having way too much fun oh i can't wait to have more okay
[43:22.280 --> 43:29.000] thank you guys thanks for calling thank you okay we are about to go to our sponsors now
[43:29.000 --> 43:35.240] would be a good time to go check out our sponsors and uh then we have some products on there that
[43:35.240 --> 43:45.480] are designed to help people achieve the kinds of remedies that we talk about on the air and by seeking
[43:45.480 --> 43:52.760] those products you will help keep this station running and we need all the help we can get right
[43:52.760 --> 44:04.360] now hang on we'll be right back through advances in technology our lives have greatly improved
[44:04.360 --> 44:09.240] except in the area of nutrition people feed their pets better than they feed themselves
[44:09.240 --> 44:15.080] and it's time we changed all that our primary defense against aging and disease in this toxic
[44:15.080 --> 44:21.080] environment is good nutrition in a world where natural foods have been irradiated adulterated
[44:21.080 --> 44:27.080] and mutilated young jevity can provide the nutrients you need logos radio network gets
[44:27.080 --> 44:32.600] many requests to endorse all sorts of products most of which we reject we have come to trust
[44:32.600 --> 44:38.920] young jevity so much we became a marketing distributor along with alex jones ben fuchs and
[44:38.920 --> 44:45.240] many others when you order from logos radio network dot com your health will improve as you
[44:45.240 --> 44:51.800] help support quality radio as you realize the benefits of young jevity you may want to join us
[44:51.800 --> 44:57.960] as a distributor you can experience improved health help your friends and family and increase your
[44:57.960 --> 45:05.880] income order now are you the plaintiff or defendant in a lawsuit win your case without an attorney
[45:05.880 --> 45:11.880] with jurors dictionary the affordable easy to understand four cd course that will show you
[45:11.880 --> 45:19.160] how in 24 hours that's by step if you have a lawyer know what your lawyer should be doing
[45:19.160 --> 45:24.760] if you don't have a lawyer know what you should do for yourself thousands have won with our step
[45:24.760 --> 45:32.200] by step course and now you can too jurisdictionary was created by a licensed attorney with 22 years
[45:32.200 --> 45:38.200] of case winning experience even if you're not in a lawsuit you can learn what everyone should
[45:38.200 --> 45:43.960] understand about the principles and practices that control our american courts you'll receive
[45:43.960 --> 45:52.600] our audio classroom video seminar tutorials forms for civil cases prosa tactics and much more please
[45:52.600 --> 46:11.320] visit rule of law radio dot com and click on the banner are called toll free 866 law easy
[46:22.600 --> 46:34.600] yeah always must be careful what i'm wishing for when i'm hungry i like to know what i'm wishing for
[46:35.320 --> 46:44.760] i asked for much i ain't trying to be no blood i'm just here making my living pushing button
[46:44.760 --> 46:57.400] okay we are back randy kelton brett fountain rule of law radio and we're going to david in
[46:57.400 --> 47:05.080] texas but david let's see if we can hear you better this time oh yeah randy yeah i have a
[47:05.080 --> 47:15.000] federal lawsuit up in u.s. court and the opposing attorney filed a summary judgment for family
[47:15.000 --> 47:23.000] judgment what do i have to do now now you need to file an opposition the summary judgment can only
[47:23.000 --> 47:33.320] occur when there are no issues in controversy so you need to show that there are issues in
[47:33.320 --> 47:46.360] controversy and but you must definitely file an answer okay well what he uh sent to me was
[47:46.360 --> 47:52.440] everything he denied everything that was uh in the law in the uh court case
[47:54.600 --> 48:00.840] everything i put in the lawsuit he denied it okay he you're talking about the the lawyer
[48:00.840 --> 48:08.760] or the judge the opposing attorney yeah okay that's standard yeah i mean black
[48:09.800 --> 48:18.920] it hasn't been decided the judge will do that yeah so uh if you disagree with him on issues
[48:20.280 --> 48:25.880] then there can be no summary judgment the only way he would win that is if you did not respond
[48:25.880 --> 48:36.360] so i'll just uh write a response to it uh saying that everything that i put in the lawsuit as
[48:36.360 --> 48:47.000] is true to the fact you need to be a little more specific you know what the judge needs to see that
[48:47.000 --> 48:58.120] there are facts and material issues of law at issue where you disagree on them and it needs
[48:58.120 --> 49:06.440] a judge to render a ruling if there's nothing in there that the judge has to rule on then
[49:06.440 --> 49:10.280] he can do summary judgment so you have to raise the issues of fact and law
[49:10.280 --> 49:21.080] so i'll write a response to it raising the issues uh that i put in the lawsuit
[49:24.040 --> 49:31.640] to uh so that he doesn't get a summary judgment right right because if you're an issue on something
[49:31.640 --> 49:37.560] the judge has to rule on it and that has to go to emotions and hearing so that would eliminate
[49:37.560 --> 49:45.160] summary judgment he's hoping you don't respond oh so if he don't respond then the judge
[49:45.880 --> 49:54.280] will rule in his favor right oh okay i got an idea what to do now all right so i'll just
[49:54.280 --> 50:00.520] write that up and send that along because we have a uh we're supposed to have a meeting
[50:00.520 --> 50:09.320] in the judge's chamber before trial is that right that sometimes they do not always uh i don't think
[50:09.320 --> 50:16.200] i've ever had a meeting in the judge's chamber well that's the order that they sent to me
[50:18.760 --> 50:22.520] well that should be interesting you might want to take you a hidden recorder
[50:22.520 --> 50:32.120] and make sure there's a court reporter there oh yeah yeah i always made a deposition in his office
[50:34.440 --> 50:38.920] well if he wants to have a meeting in his office make sure a court reporter is there
[50:40.280 --> 50:45.720] because yeah the reporter was there for the deposition yeah they want to get you in there
[50:45.720 --> 50:53.320] to set you up yeah well i have all that stuff here so before i go into the judge's chamber
[50:53.880 --> 51:00.360] i have a file here with everything in there and i go through it i memorize a lot of it
[51:00.360 --> 51:09.320] and then i'll walk in there did he save what this hearing is about for meeting
[51:09.320 --> 51:19.960] no it just said pre-trial uh meeting with the judge in the chamber with opposing counsel
[51:20.920 --> 51:29.560] then you might object and ask for clarification oh really yeah you don't know how to prepare for
[51:29.560 --> 51:33.560] this you don't know what's what's going to do it because the judge going to hear motions and what's
[51:33.560 --> 51:43.480] he doing doing this in his chambers you need him to clarify is everything supposed to be open to the
[51:43.480 --> 51:52.600] public see that raises a question why does the judge want to do this in his chambers
[51:53.240 --> 52:00.120] and not in open court so what is so important that that it needs to be done in chambers well
[52:00.120 --> 52:08.600] they got the the date highlighted in real black and then right after that they said before trial
[52:09.880 --> 52:15.000] i thought it was unusual but this is the first time i had to do one of these so i wasn't too
[52:15.000 --> 52:21.240] sure that's what i'm talking about you yeah anytime you're not sure ask for clarification
[52:22.440 --> 52:27.240] yeah i meant you're saying that yeah you need to know how to prepare for this
[52:27.240 --> 52:34.600] this meeting with the judge pre-trial meeting with the judge did you say pre-trial hearing
[52:34.600 --> 52:42.600] or pre-trial meeting
[52:42.600 --> 52:55.080] are you there yeah uh well look at my glasses um
[52:58.360 --> 53:05.960] a final pre-trial conference will be held with the judge on the date in courtroom number
[53:05.960 --> 53:16.520] okay ask the judge what the the court wants to confer about this is not a motion hearing
[53:17.240 --> 53:23.800] so it's not a hearing to hear motions and pleadings so you need to know how to prepare
[53:23.800 --> 53:29.560] so you need to know what the conference will what the content of the conference will be
[53:29.560 --> 53:38.760] for the substance of the conference okay so i'll ask for clarification when i respond to his um
[53:40.120 --> 53:47.880] uh summary judge no do a separate response to the summary judgment oh yes put them
[53:47.880 --> 53:53.800] yeah answer that and then a second document asking for clarification on this conference
[53:53.800 --> 54:07.240] right okay i'll do that then i'll send it along okay good luck david all right thank you okay now
[54:07.240 --> 54:19.160] we're going to okay we had a caller from oh this is the same number i think this one may be a
[54:19.160 --> 54:28.520] first time caller she's not in our database maybe she is in her database edna from new jersey
[54:29.720 --> 54:36.920] ida ida okay i remember you yes ida from new jersey what do you have for us today
[54:38.440 --> 54:48.920] hello can you hear me hello yes hello yes we can hear you okay great hi so
[54:48.920 --> 54:59.960] i was um looking on in my so far in my case i'm looking on how to um sanction and or
[54:59.960 --> 55:07.400] to the opposing attorney for some of his um for some of his papers um is he going to
[55:08.840 --> 55:15.480] be linked that correctly through the the function of the state for opposing my um
[55:15.480 --> 55:23.240] um my my my prosecution hold on hold on what kind of case is it civil or criminal civil
[55:25.640 --> 55:29.480] and okay the opposing attorney
[55:31.800 --> 55:34.600] and okay wet has taken a position
[55:37.000 --> 55:42.040] where he and hired that attorney so he didn't want to talk to the attorney
[55:42.040 --> 55:47.320] okay have you just the the breath story on that
[55:49.400 --> 55:58.040] nine detail tell me thank you oh it's pretty simple it's just that if you reach out to
[55:58.040 --> 56:04.440] this was with some records requests i reached out to the one who was responsible to give me
[56:04.440 --> 56:13.480] the records request and they tend to like to put their their attorneys in between so when
[56:13.480 --> 56:21.160] an attorney that i didn't hire reaches out to me and tries to get me to let him be the middle man
[56:21.960 --> 56:26.440] i say no i don't deal with third parties go away you're harassing me
[56:26.440 --> 56:40.120] okay you you didn't hire this attorney opposing the other the other's party hired this attorney
[56:41.320 --> 56:51.000] now if you had hired an attorney your attorney could not talk to the opposing party
[56:51.000 --> 56:58.840] all the communications have to be through the attorneys but you're not an attorney you're the
[56:58.840 --> 57:07.960] party you didn't hire that attorney you don't know anything about him and you're concerned
[57:07.960 --> 57:16.360] that he doesn't tell his his client everything so try dealing with the client oh these lawyers
[57:16.360 --> 57:28.040] were so unhappy accused Brett of harassing the poor law firm because i called the called the
[57:28.040 --> 57:38.520] original lawyer a yippy yappy yeah probably but anyway okay so back to your your question
[57:40.200 --> 57:46.040] what was your specific question i didn't quite get what the question was about opposing
[57:46.040 --> 57:58.760] counsel yeah opposing counsel i need to pursue the fact that he's obstructing my appeal and i
[57:58.760 --> 58:04.200] find that he's doing that at the same time to the clerk is doing that so do i uh do i uh
[58:04.920 --> 58:13.880] join them as uh those obstructive parties in my case again how are they obstructing your appeal
[58:13.880 --> 58:22.280] you're obstructing my appeal by uh trying to suppress amended complaint i thought amended
[58:22.280 --> 58:30.520] complaint um uh with four counts and i was ordered to file an amended complaint with two counts um
[58:30.520 --> 58:36.120] but that same order where the court ordered that i was supposed to file only two counts
[58:36.120 --> 58:43.400] i put it before i put it up for appeal so then the appellate clerk she uh played with my papers
[58:43.400 --> 58:50.440] so that it was it wouldn't uh the record would look like there was the appeal was uh would you
[58:50.440 --> 58:56.600] like to make more definite progress in your walk with god bibles for america is offering a free
[58:56.600 --> 59:02.520] study bible and a set of free christian books that can really help the new testament recovery version
[59:02.520 --> 59:07.560] is one of the most comprehensive study bibles available today it's an accurate translation
[59:07.560 --> 59:12.520] and it contains thousands of footnotes that will help you to know god and to know the meaning of
[59:12.520 --> 59:19.000] life the free books are a three-volume set called basic elements of the christian life chapter by
[59:19.000 --> 59:25.640] chapter basic elements of the christian life clearly presents god's plan of salvation growing in christ
[59:25.640 --> 59:32.200] and how to build up the church to order your free new testament recovery version and basic elements
[59:32.200 --> 59:39.640] of the christian life call bibles for america toll free at eight eight eight five five one zero one
[59:39.640 --> 59:48.920] zero two that's eight eight eight five five one zero one zero two or visit us online at bfa.org
[59:52.040 --> 59:58.200] you're listening to the logos radio network at logosradionetwork.com
[59:58.200 --> 01:00:04.440] the following news flash is brought to you by the lowest star of lowdown
[01:00:06.360 --> 01:00:11.720] markets for monday the 22nd of july 2019 open with precious metals gold one thousand four hundred
[01:00:11.720 --> 01:00:16.360] twenty nine dollars an ounce silver sixteen dollars forty five cents an ounce copper two dollars and
[01:00:16.360 --> 01:00:20.840] seventy five cents an ounce oil texas crude fifty five dollars and sixty three cents a barrel
[01:00:20.840 --> 01:00:25.400] brand crude sixty two dollars and forty seven cents a barrel and cryptos in order of market cap
[01:00:25.400 --> 01:00:30.040] bitcoin core ten thousand five hundred sixty six dollars and fifty two cents ethereum two hundred
[01:00:30.040 --> 01:00:35.400] twenty seven dollars and twenty six cents xrp ripple thirty three cents light coin hundred
[01:00:35.400 --> 01:00:40.520] dollars and thirty one cents and bitcoin cash is at three hundred twenty four dollars and ten cents
[01:00:40.520 --> 01:00:51.720] a crypto coin james history the year 1916 the preparedness day bombing a time suitcase bomb
[01:00:51.720 --> 01:00:57.480] was detonated on market street in san francisco during the world war one preparedness day parade
[01:00:57.480 --> 01:01:07.000] killing 10 and injuring 40 today in history and recent news since governor greg abbott signed
[01:01:07.000 --> 01:01:12.680] house bill 1325 legalizing happened to taxes law back in june county prosecutors around the state
[01:01:12.680 --> 01:01:17.400] including houston austin sandtonium have been dropping marijuana possession charges and even
[01:01:17.400 --> 01:01:22.360] refusing to file new ones since they are stipulating that they do not have the time or the laboratory
[01:01:22.360 --> 01:01:27.560] equipment to test the earth for thc margaret more the travis county district attorney announced
[01:01:27.560 --> 01:01:32.520] earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:01:32.520 --> 01:01:37.160] because of the law mr abbott and other state officials including the attorney general stipulated
[01:01:37.160 --> 01:01:41.480] in a letter that county district attorneys back on thursday that marijuana has not been
[01:01:41.480 --> 01:01:47.240] decriminalized in texas and that these actions demonstrate a misunderstanding of how hv 1325
[01:01:47.240 --> 01:01:54.680] works as well as other cities too like the district attorney in el paso caima asparza a democrat who
[01:01:54.680 --> 01:01:59.720] also stated earlier this month that the law quote will not have an effect on the prosecution of
[01:01:59.720 --> 01:02:05.240] marijuana cases in el paso however the issue was succinctly summarized by mr brandon ball and
[01:02:05.240 --> 01:02:10.200] an assistant public defender in harris county who stated that quote the law is constantly changing
[01:02:10.200 --> 01:02:14.520] on what makes something illegal based on its chemical makeup it's important that if someone
[01:02:14.520 --> 01:02:24.120] is charged with something the test matches what they're charged with a paper by tulane university
[01:02:24.120 --> 01:02:28.920] identified a five and a half inch american pocket shark as the first of its kind in the
[01:02:28.920 --> 01:02:34.760] gulf of mexico the specimen being only the second pocket shark ever captured or recorded
[01:02:34.760 --> 01:02:40.120] with the other one being found way back in 1979 in the east pacific ocean according to the university
[01:02:40.120 --> 01:02:46.600] paper the shark secretes a lumus fluid from a gland near its front fins for the purposes
[01:02:46.600 --> 01:02:55.400] hypothesized to lure and pray who may be drawn into the glow this is book roadie with a lowdown for
[01:02:55.400 --> 01:03:11.480] July 22nd 2019
[01:03:25.800 --> 01:03:41.480] and
[01:03:42.440 --> 01:03:48.600] hey we are back randy kelton wet fountain root willow radio and we're talking to edie in new
[01:03:48.600 --> 01:03:56.840] jersey and kind of run off the cliff there and yeah so i was describing how the quarter
[01:03:57.800 --> 01:04:05.000] in the appellate court they threw out my filing to make the record appear as if i had never
[01:04:05.000 --> 01:04:14.440] filed an appeal so this this is good this is so good i'd like it when people call them and tell
[01:04:14.440 --> 01:04:23.240] me these guys don't have done something that's really gonna make them look bad this everybody
[01:04:23.240 --> 01:04:32.840] likes the clerks and everybody the the prosecutors the other lawyers the judges the clerk you know
[01:04:32.840 --> 01:04:39.640] they're kind of just the middle person they don't get in any fights everybody kind of likes the
[01:04:39.640 --> 01:04:47.160] clerk they really don't like it when you go after the clerk so file criminally against the
[01:04:47.160 --> 01:04:54.040] clerk for tampering the comrade record you want to mess with my documents see how that works out
[01:04:54.040 --> 01:05:04.600] for you that'll break them from sucking eggs and if the if the lawyer on the other side is acting
[01:05:04.600 --> 01:05:11.080] in concert and collusion filed against him too we ever filed criminal charges against public officials
[01:05:13.080 --> 01:05:19.640] no good good then you understand this is great there's not anything they can do
[01:05:21.560 --> 01:05:24.680] if they mention it to the judge then you ask for a mistrial
[01:05:24.680 --> 01:05:34.120] that's for a mistrial from the judge absolutely okay how does that work
[01:05:35.320 --> 01:05:42.760] that's that's an improper influence Brett just got what was that they the lawyer threatened you
[01:05:42.760 --> 01:05:50.600] about Brett threatened me you were mentioning uh mentioning something about one judge to another
[01:05:50.600 --> 01:05:58.200] judge one judge to another well in brazos county there was a guy i was helping who
[01:05:59.080 --> 01:06:08.200] he they had uh there was some mention of the fact he he barred grieve me is that the one
[01:06:08.200 --> 01:06:18.280] you're talking about no this last letter you got the lawyer accused you of telling a judge
[01:06:18.280 --> 01:06:26.120] that you knew another judge and he said that borders on malpractice
[01:06:28.280 --> 01:06:32.680] i don't sound familiar and and if he was a lawyer it would be grievable
[01:06:32.680 --> 01:06:40.040] it was right at the end of that last letter he said so point is if you file criminal charges
[01:06:40.040 --> 01:06:48.120] against this clerk and anybody says anything about that to the judge or the judge says a word
[01:06:48.120 --> 01:06:57.560] about it in court then the judge has been compromised and you can ask him to stand down
[01:06:58.280 --> 01:07:03.800] and ask for a mistrial throw everything out start all over again well they're not going to want to
[01:07:03.800 --> 01:07:12.360] do that you don't care they're going to rule against you out of hand at every turn uh if this if this
[01:07:12.360 --> 01:07:21.480] is a civil case have you asked the court to order mediation no because i have to finish beating him
[01:07:21.480 --> 01:07:29.960] up right great say that again we're having a little trouble with the signal i was saying i have to
[01:07:29.960 --> 01:07:36.600] finish beating him up essentially right that was the whole idea finish meeting them up yeah well
[01:07:36.600 --> 01:07:45.960] uh okay you have to look at your case and generally what we want to do is we say okay we go into court
[01:07:45.960 --> 01:07:53.480] with these guys uh are you the defendant or are you the plaintiff plaintiff good good good so you
[01:07:53.480 --> 01:08:00.920] go in there in there and you start a fight with them and then the lawyers and they start doing
[01:08:00.920 --> 01:08:07.960] their standard stuff because you're just ignorant old pros say we can push these prosays around
[01:08:07.960 --> 01:08:18.280] anywhere any way we want to and then you hammer them big time at what point would they be in a
[01:08:18.280 --> 01:08:27.640] position to where they're not so angry at you that they want to fight you forever but they're
[01:08:27.640 --> 01:08:34.200] looking at a big fight that's going to cost them a lot of money you you can beat them up enough
[01:08:34.200 --> 01:08:41.080] that they won't care anymore and they'll just want to pay you back you got to find that point when
[01:08:41.080 --> 01:08:47.800] have i softened them up enough that they're going to want out of all of this and that's you know
[01:08:47.800 --> 01:08:53.240] that's certainly not something i could tell you you you can you you get that feel from being in the
[01:08:53.240 --> 01:09:01.400] case are you at that point well at this point i think he feels like he's still uh i would say
[01:09:01.400 --> 01:09:07.960] i'm not done uh beating him up yep because he feels like he wants to um dismiss all my um
[01:09:08.680 --> 01:09:13.880] all accounts of my complaint which basically will leave me with no case because he's um
[01:09:13.880 --> 01:09:20.280] to act uh a strike and dismiss all the counts of the complaint a summary judgment on the complaint
[01:09:20.280 --> 01:09:27.160] sanctions on the complaint okay you heard uh did you hear david before you that's not david
[01:09:27.160 --> 01:09:34.120] josh that's what they do with him they deny everything and ask the court for summary judgment
[01:09:34.120 --> 01:09:43.640] standard procedure if you fail to respond timely he gets a summary judgment so it's just kind of a
[01:09:43.640 --> 01:09:51.160] ad is throwing it out there see if that works um so you respond to it and if any of his
[01:09:53.320 --> 01:10:01.080] arguments are not in keeping with law or if look you know every time he sites a case
[01:10:01.080 --> 01:10:07.800] go pull the case up you know when i do legal research i use google i don't use google scholar
[01:10:07.800 --> 01:10:14.680] and i don't use any of these search engines like she's google and run the case on google and then
[01:10:14.680 --> 01:10:21.000] look at it look at the you know whatever he's referring to you know pick a unique word in that
[01:10:21.000 --> 01:10:26.680] paragraph and do a search for it you don't have to read the whole case just read the section he's
[01:10:26.680 --> 01:10:37.400] talking about you will be surprised how often they miss quote cases if they are just incredibly
[01:10:37.400 --> 01:10:46.920] careless this way so if he has misstated a case that's a big deal or i got some that they
[01:10:47.640 --> 01:10:53.960] said that they pointed they brought up a case but then when you go look at the case it's not
[01:10:53.960 --> 01:11:02.360] on point it's it says a certain phrase in there that i guess they found it the lazy way it has
[01:11:02.360 --> 01:11:10.840] some phrase but that's not what the case is talking about it doesn't fit your situation so they just
[01:11:10.840 --> 01:11:21.720] randomly got it in there ben drum irs is coming after him the lawyer the irs lawyers filed a
[01:11:23.000 --> 01:11:29.480] motion then they cited some case law and ben called us and said what do we do i said well what
[01:11:29.480 --> 01:11:36.760] does the case law say well i didn't read it well read their case law he called us the next day he
[01:11:36.760 --> 01:11:48.360] could hardly talk for laughing these two cases both had a sentence in there that said exactly
[01:11:48.360 --> 01:11:55.720] what the irs wanted them to say but they never read it they just saw that sentence and threw it in
[01:11:55.720 --> 01:12:06.040] there he read the case and in both of them this is what the law used to say but that's not the case
[01:12:06.040 --> 01:12:15.480] anymore they they what do you call it they they distinguish the case and said this is what it
[01:12:15.480 --> 01:12:25.080] the law should have been and what it is now so they gave ben the exact cases he needed to use
[01:12:25.080 --> 01:12:34.360] against them and when he did that the judge was so furious he gave he removed a irs lean
[01:12:35.480 --> 01:12:44.920] that almost never happens judges never remove irs lanes another judge put it back but the judge
[01:12:44.920 --> 01:12:55.640] was absolutely furious that these lawyers gave him bad case law so you look at your case law and
[01:12:56.920 --> 01:13:04.840] if they're kind of stretching the case then ask for sanctions the worst thing a lawyer can do
[01:13:04.840 --> 01:13:15.720] is either miss something or miss sight something that's professional conduct that's the kind of
[01:13:15.720 --> 01:13:22.360] things that they the bar will get upset about when you saw a case law you better be right and
[01:13:22.360 --> 01:13:27.800] these guys are horrible at it so read your case he's checked your case law and find little things
[01:13:27.800 --> 01:13:32.760] you can sting them for a josh in pennsylvania said he hadn't filed against some of us he's
[01:13:32.760 --> 01:13:39.480] waiting for him to do something really bad no no no don't do that find some nitpicking
[01:13:39.480 --> 01:13:50.040] little thing to hammer him with and that says this woman is going to pick us apart and hammer us
[01:13:50.840 --> 01:13:58.280] and cost us a fortune then when you get them to that point once you've done that a time or two
[01:13:58.280 --> 01:14:05.960] then you ask the judge sort of mediation quick story i told this a little yesterday somebody
[01:14:05.960 --> 01:14:13.160] sent me a video of this these two black guys bought a house they were they were in real estate
[01:14:13.720 --> 01:14:21.400] in a white neighborhood they go to the house and the key is in this combination lock that
[01:14:21.400 --> 01:14:26.840] hangs on the doorknob and they fumbled around with it to get the combination in got the key out
[01:14:26.840 --> 01:14:32.920] went inside to check out the house guy across the street x cop you see these two black guys go up on
[01:14:32.920 --> 01:14:39.160] the porch they fumbled around with the door for a while and then they go in they said that didn't
[01:14:39.160 --> 01:14:45.960] look right so they call the police please come they get the guys out they handcuffed them for
[01:14:45.960 --> 01:14:51.720] their safety they talked to them a while make a few phone calls and say okay you guys check out
[01:14:51.720 --> 01:14:59.400] you're okay sorry to bother you see you later this is Cincinnati Ohio they sued the police
[01:15:00.840 --> 01:15:06.200] the city settled for a hundred and forty thousand dollars
[01:15:09.720 --> 01:15:17.640] whoever wrote that suit wrote it well enough that they said this jack leg is going to cost us a
[01:15:17.640 --> 01:15:27.320] fortune we need to get out of here so they made a deal uh i've got Leslie coming up next and i
[01:15:27.320 --> 01:15:35.400] talked to her today about this hello miss Leslie oh wait somehow you oh no there we go okay hello
[01:15:35.400 --> 01:15:43.320] miss Leslie we talked about this earlier how are you tell tell Eda about the mistake the
[01:15:43.320 --> 01:15:52.280] lawyer is made when they filed a response to summary judgment motion was it and accidentally put the
[01:15:52.280 --> 01:16:02.920] invoice in there there was a paper that i found when i was preparing for a motion for summary
[01:16:02.920 --> 01:16:09.960] judgment and when i looked through it i discovered that the lawyers i was up against had put in a
[01:16:09.960 --> 01:16:17.880] um a brief with the uh bankers association and what it did is it outlined the fees that they
[01:16:17.880 --> 01:16:27.080] could have expected to get for a motion to dismiss a motion for summary judgment and to go to trial
[01:16:27.880 --> 01:16:33.480] and for a motion to dismiss that's twenty two twenty three thousand dollars i will tell you
[01:16:33.480 --> 01:16:44.280] right now it's up to thirty eight thousand and because of the time that has passed uh the motion
[01:16:44.280 --> 01:16:52.280] for summary judgment was eighty seven thousand dollars and to go to trial it starts at two hundred
[01:16:52.280 --> 01:16:58.360] and forty seven thousand okay okay hang on Leslie we're going to uh sponsors we'll be right back
[01:16:58.360 --> 01:17:04.680] okay are you being harassed by debt collectors with phone calls letters or even lawsuits
[01:17:05.240 --> 01:17:10.840] stop debt collectors now with the michael mirris proven method michael mirris has won six cases
[01:17:10.840 --> 01:17:16.280] in federal court against debt collectors and now you can win too you'll get step by step instructions
[01:17:16.280 --> 01:17:21.560] in plain english on how to win in court using federal civil rights statute what to do when
[01:17:21.560 --> 01:17:26.840] contacted by phone mail or court summons how to answer letters and phone calls how to get
[01:17:26.840 --> 01:17:32.280] debt collectors out of your credit report how to turn the financial tables on them and make them pay
[01:17:32.280 --> 01:17:38.520] you to go away the michael mirris proven method is the solution for how to stop debt collectors
[01:17:38.520 --> 01:17:43.720] personal consultation is available as well for more information please visit rule of law radio
[01:17:43.720 --> 01:17:49.320] dot com and click on the blue michael mirris banner or email michael mirris at yahoo dot com
[01:17:49.320 --> 01:17:58.600] that's rule of law radio dot com or email michael mirris at yahoo dot com to learn how to stop debt
[01:17:58.600 --> 01:18:04.680] collectors now i love logos without the shows on this network i'd be almost as ignorant as my friends
[01:18:04.680 --> 01:18:09.640] i'm so addicted to the truth now that there's no going back i need my truth pick i'd be lost without
[01:18:09.640 --> 01:18:14.920] logos and i really want to help keep this network on the air i'd love to volunteer as a show producer
[01:18:14.920 --> 01:18:20.280] but i'm a bit of a lie and i really don't have any money to give because i spend it all on supplements
[01:18:20.280 --> 01:18:26.200] how can i help logos well i'm glad you asked whenever you order anything from amazon you can
[01:18:26.200 --> 01:18:31.960] help logos in ordering your supplies or holiday gifts first thing you do is clear your cookies now
[01:18:31.960 --> 01:18:38.600] go to logo's radio network dot com click on the amazon logo and book market now when you order
[01:18:38.600 --> 01:18:45.160] anything from amazon you use that link and logos get the few pesos do i pay extra no do you have
[01:18:45.160 --> 01:18:51.880] to do anything different when i order no can i use my amazon prime no i mean yes wow giving
[01:18:51.880 --> 01:18:58.760] without doing anything or spending any money this is perfect thank you so much we are welcome happy
[01:18:58.760 --> 01:19:10.200] holidays logos this is the logos for ogos radio network
[01:19:10.200 --> 01:19:27.640] oh come on
[01:19:27.640 --> 01:19:37.080] oh
[01:19:37.080 --> 01:19:58.520] oh
[01:20:07.880 --> 01:20:16.520] oh
[01:20:28.280 --> 01:20:35.960] Okay we are back Randy Calton Brett Fountain
[01:20:35.960 --> 01:20:41.080] on Rue de la Radio and cut off one of my screens.
[01:20:41.080 --> 01:20:47.360] Okay, we were talking to Ada and Ms. Leslie.
[01:20:47.360 --> 01:20:48.360] Okay.
[01:20:48.360 --> 01:20:50.480] Luckily, you were just telling us about the prices.
[01:20:50.480 --> 01:20:54.480] Right before we went out, you were telling us about those prices that they got for summary
[01:20:54.480 --> 01:20:55.480] judgment.
[01:20:55.480 --> 01:20:57.960] They got a certain amount, 23,000, I think you said.
[01:20:57.960 --> 01:20:59.520] You went on to say some others?
[01:20:59.520 --> 01:21:03.760] And that was 12 years ago, 12 years ago.
[01:21:03.760 --> 01:21:04.760] Okay.
[01:21:04.760 --> 01:21:14.920] And one thing about this we do need as a caveat, this is a lawyer for a bank doing a foreclosure.
[01:21:14.920 --> 01:21:19.040] And they know the bank's got deep pockets.
[01:21:19.040 --> 01:21:27.200] So they give them a little more, but the point of this is these guys charge a lot of money.
[01:21:27.200 --> 01:21:31.400] Did you say one of them was 200 something thousand for one document?
[01:21:31.400 --> 01:21:40.560] To go to court, to go to court in Israel, it's $247,000.
[01:21:40.560 --> 01:21:50.040] Right now, this year, for a motion to dismiss, it's $38,000.
[01:21:50.040 --> 01:21:59.640] These are not only for foreclosure, these are for consumer complaints, FTCPA, sales
[01:21:59.640 --> 01:22:02.920] company complaints, that's what they deal with.
[01:22:02.920 --> 01:22:08.920] And the paper they put in was regarding changes to the FTCPA.
[01:22:08.920 --> 01:22:09.920] Okay.
[01:22:09.920 --> 01:22:14.960] And here's the strategy, Eda.
[01:22:14.960 --> 01:22:15.960] Okay.
[01:22:15.960 --> 01:22:34.600] So these lawyers, Dr, what's his name, jurisdictionary, it talks about when you start a case, at
[01:22:34.600 --> 01:22:41.920] the beginning of the case, there is a flurry of motions, Dr. Glase, a flurry of motions.
[01:22:41.920 --> 01:22:48.760] What that is, is both sides have these motions and they have answers to the motions.
[01:22:48.760 --> 01:22:52.960] And they, one files their motion, they go to their file, they pull out the motion, they
[01:22:52.960 --> 01:22:55.480] put the client's name on it, they file it.
[01:22:55.480 --> 01:23:00.480] The other side gets it, goes to his file, pulls out the answer, puts his name on it,
[01:23:00.480 --> 01:23:03.680] client's name on it, files the response.
[01:23:03.680 --> 01:23:10.760] And they do this back and forth until they use up the client's retainer.
[01:23:10.760 --> 01:23:14.480] And then they go to them and say, oh, well, this is a lot harder than I thought it would
[01:23:14.480 --> 01:23:15.480] be.
[01:23:15.480 --> 01:23:19.200] This is going to cost you three times the amount of money.
[01:23:19.200 --> 01:23:22.120] And retainer, they don't want that one.
[01:23:22.120 --> 01:23:25.760] They want you to go away firing them.
[01:23:25.760 --> 01:23:32.360] Because if they have to do that next set, they have to actually do legal research.
[01:23:32.360 --> 01:23:39.160] They make a whole lot more money swallowing someone's retainer than they do actually litigating
[01:23:39.160 --> 01:23:41.480] the case.
[01:23:41.480 --> 01:23:49.880] So when you file a motion or a pleading, you want to look for questions or issues that
[01:23:49.880 --> 01:23:58.360] are unusual, that are not the standard questions that are asked, because the lawyer is not
[01:23:58.360 --> 01:24:04.920] going to be able to run over to his file and pull out the standard answer.
[01:24:04.920 --> 01:24:12.280] He's going to have to hit the books and do legal research, and that's dangerous business.
[01:24:12.280 --> 01:24:17.560] Because the worst thing a lawyer can do is miss something.
[01:24:17.560 --> 01:24:22.840] Second worst thing he can do is miss state law.
[01:24:22.840 --> 01:24:30.760] And when you start trying to find law in this environment, it's always a crap shoot.
[01:24:30.760 --> 01:24:35.480] So they hate having to do legal research.
[01:24:35.480 --> 01:24:39.560] I won't go into how West law ruined the practice of law.
[01:24:39.560 --> 01:24:40.560] It takes too long.
[01:24:40.560 --> 01:24:46.680] But effectively what they said was, you don't need to go to a legal encyclopedia and look
[01:24:46.680 --> 01:24:52.160] up a keyword and find half a dozen standard cases that everybody uses.
[01:24:52.160 --> 01:24:57.640] You can go to our whiz bang tool here and find 10,000.
[01:24:57.640 --> 01:25:02.520] So how do you know you got the right ones?
[01:25:02.520 --> 01:25:10.880] I asked the second in command, North Carolina bar, have you ever filed a motion or a pleading,
[01:25:10.880 --> 01:25:17.000] no matter how much research you've done, how much time you put in it, that you were confident
[01:25:17.000 --> 01:25:22.160] the other side didn't find a case that you had missed that's going to wipe the floor
[01:25:22.160 --> 01:25:23.160] with you?
[01:25:23.160 --> 01:25:29.160] And she said, same thing every other lawyer did, never.
[01:25:29.160 --> 01:25:36.240] With the advent of these legal search engines, they have rendered case law research a crap
[01:25:36.240 --> 01:25:37.240] shoot.
[01:25:37.240 --> 01:25:41.280] And the lawyer's biggest fear is missing something.
[01:25:41.280 --> 01:25:47.440] Even if he wins, if he didn't win as much as he would have, his client can sue it.
[01:25:47.440 --> 01:25:48.760] So they don't want to do it.
[01:25:48.760 --> 01:25:52.840] So they sent him to the books.
[01:25:52.840 --> 01:25:55.960] You start asking questions and send them to the books.
[01:25:55.960 --> 01:25:59.360] They start calculating how much this is going to cost.
[01:25:59.360 --> 01:26:08.000] And then when you breathe them, oh my, that just raised it to the next level.
[01:26:08.000 --> 01:26:11.800] Then you come back and ask the judge to order mediation.
[01:26:11.800 --> 01:26:19.720] And then if the judge orders mediation, then you want to go find a lawyer for that purpose
[01:26:19.720 --> 01:26:22.360] and that purpose only.
[01:26:22.360 --> 01:26:29.560] Not to meet, not to represent your case, but just to represent you in the mediation.
[01:26:29.560 --> 01:26:30.560] Reason?
[01:26:30.560 --> 01:26:37.200] These lawyers do not want to deal with a prosa.
[01:26:37.200 --> 01:26:38.360] They lose face.
[01:26:38.360 --> 01:26:42.600] They want to deal with a lawyer.
[01:26:42.600 --> 01:26:49.880] And they don't want to have to go home and say, I got taken to the cleaners by this prosa.
[01:26:49.880 --> 01:26:55.200] If you get a lawyer, they're more comfortable and they're more likely to come and make concessions
[01:26:55.200 --> 01:26:57.480] and make a deal.
[01:26:57.480 --> 01:27:01.840] And for the lawyer, this is gravy money.
[01:27:01.840 --> 01:27:07.520] You tell the lawyer, I'll give you 25% of whatever you can get for me.
[01:27:07.520 --> 01:27:10.480] Get me a deal.
[01:27:10.480 --> 01:27:12.920] Now he's not adjudicating your case.
[01:27:12.920 --> 01:27:15.120] He's only doing mediation.
[01:27:15.120 --> 01:27:17.880] So he has no reason to throw you under the bus.
[01:27:17.880 --> 01:27:19.880] You get him to make you a deal.
[01:27:19.880 --> 01:27:22.880] The only way you're going to win in the end is with a deal.
[01:27:22.880 --> 01:27:24.880] Does that make sense?
[01:27:24.880 --> 01:27:25.880] Okay.
[01:27:25.880 --> 01:27:26.880] You do.
[01:27:26.880 --> 01:27:27.880] Okay.
[01:27:27.880 --> 01:27:34.880] So when he's filing me a sanction, I'm filing him a counter sanction.
[01:27:34.880 --> 01:27:37.880] Basically, I'm at this deadlock here.
[01:27:37.880 --> 01:27:41.880] How does that play out?
[01:27:41.880 --> 01:27:43.880] Wait a minute.
[01:27:43.880 --> 01:27:45.880] Do you have any trouble?
[01:27:45.880 --> 01:27:48.880] Did you say how does that play out?
[01:27:48.880 --> 01:27:51.880] Yeah, about the sanctions.
[01:27:51.880 --> 01:27:54.880] This is how it normally plays out.
[01:27:54.880 --> 01:27:58.880] Did you hear what she said about sanctions and counter sanctions?
[01:27:58.880 --> 01:27:59.880] Yeah.
[01:27:59.880 --> 01:28:00.880] He asked for sanctions.
[01:28:00.880 --> 01:28:01.880] You asked for sanctions.
[01:28:01.880 --> 01:28:03.880] So what's going to happen?
[01:28:03.880 --> 01:28:09.880] Well, judges really don't like to institute sanctions.
[01:28:09.880 --> 01:28:13.880] Yeah, they prefer you guys handling this stuff without that.
[01:28:13.880 --> 01:28:18.880] And almost certainly the judge is not going to grant sanctions unless the other side has
[01:28:18.880 --> 01:28:25.880] done something really, really egregious and he hates the other lawyer.
[01:28:25.880 --> 01:28:30.880] The problem is you asked for sanctions from the lawyer.
[01:28:30.880 --> 01:28:36.880] He knows the judge can grant sanctions pretty much anywhere he wants to.
[01:28:36.880 --> 01:28:41.880] So for the judge, it's always a crap shoot.
[01:28:41.880 --> 01:28:42.880] Okay.
[01:28:42.880 --> 01:28:46.880] But they don't like taking that risk.
[01:28:46.880 --> 01:28:51.880] Who here wants to play Russian roulette?
[01:28:51.880 --> 01:29:00.880] So the sanctions is just for its annoying, annoying effect.
[01:29:00.880 --> 01:29:03.880] You want them to know that you're going to come after them.
[01:29:03.880 --> 01:29:14.880] You just want to raise the threat risk so they will offer you more money to get you to go away.
[01:29:14.880 --> 01:29:18.880] Yeah, and almost never with judge give sanctions.
[01:29:18.880 --> 01:29:23.880] That happens on occasion, but you really got to do something rotten.
[01:29:23.880 --> 01:29:29.880] When these IRS lawyers misquoted law to the judge, he didn't do sanctions against them.
[01:29:29.880 --> 01:29:34.880] Being asked for them, but he didn't grant them, even though he was furious.
[01:29:34.880 --> 01:29:36.880] So you don't have to worry about that much.
[01:29:36.880 --> 01:29:38.880] That don't happen often.
[01:29:38.880 --> 01:29:43.880] But lawyers, they always think the worst is going to happen to them.
[01:29:43.880 --> 01:29:45.880] Hang on.
[01:29:45.880 --> 01:29:50.880] Go into our sponsors, Randy Kelton, Brett Fountain, Wheel of Law Radio.
[01:29:50.880 --> 01:30:15.880] We'll be right back.
[01:30:15.880 --> 01:30:17.880] Privacy is under attack.
[01:30:17.880 --> 01:30:20.880] When you give up data about yourself, you'll never get it back again.
[01:30:20.880 --> 01:30:25.880] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:25.880 --> 01:30:27.880] So protect your rights.
[01:30:27.880 --> 01:30:31.880] Say no to surveillance and keep your information to yourself.
[01:30:31.880 --> 01:30:33.880] Privacy, it's worth hanging on to.
[01:30:33.880 --> 01:30:40.880] This message is brought to you by startpage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:30:40.880 --> 01:30:44.880] Start over with Start Page.
[01:30:44.880 --> 01:30:51.880] Governments love power, so it's only natural they'd want to control the power going into your home too with a smart grid.
[01:30:51.880 --> 01:30:58.880] So they're installing a national network of smart meters to remotely monitor electric use for efficiency and avoid grid failure.
[01:30:58.880 --> 01:31:07.880] But cybersecurity expert David Chox says not so fast if we make the national power grid controllable through the web, hackers will have a field day.
[01:31:07.880 --> 01:31:14.880] Working remotely, they could tap in and black out the entire nation, leaving us vulnerable to our enemies.
[01:31:14.880 --> 01:31:18.880] I'd long oppose smart meters for privacy and health reasons.
[01:31:18.880 --> 01:31:23.880] The catastrophic failures caused by hackers? There's nothing smart about that.
[01:31:23.880 --> 01:31:30.880] I'm Dr. Catherine Albrecht for startpage.com, the world's most private search engine.
[01:31:30.880 --> 01:31:36.880] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.880 --> 01:31:38.880] The government says the flyer brought it down.
[01:31:38.880 --> 01:31:43.880] However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.880 --> 01:31:46.880] Over 6,000 of my fellow service members have given their lives.
[01:31:46.880 --> 01:31:49.880] And thousands of my fellow force responders have died.
[01:31:49.880 --> 01:31:50.880] I'm not a conspiracy theorist.
[01:31:50.880 --> 01:31:51.880] I'm a structural engineer.
[01:31:51.880 --> 01:31:52.880] I'm a New York City correction officer.
[01:31:52.880 --> 01:31:53.880] I'm an Air Force pilot.
[01:31:53.880 --> 01:31:55.880] I'm a father who lost his son.
[01:31:55.880 --> 01:31:58.880] We're Americans, and we deserve the truth.
[01:31:58.880 --> 01:32:01.880] Go to RememberBuilding7.org today.
[01:32:01.880 --> 01:32:06.880] Rule of Law Radio is proud to offer the rule of law traffic similar.
[01:32:06.880 --> 01:32:10.880] In today's America, we live in an us-against-them society, and if we, the people, are ever going to have a free society,
[01:32:10.880 --> 01:32:13.880] then we're going to have to stand and defend our own rights.
[01:32:13.880 --> 01:32:16.880] Among those rights are the right to travel freely from place to place,
[01:32:16.880 --> 01:32:20.880] the right to act in our own private capacity, and most importantly, the right to due process of law.
[01:32:20.880 --> 01:32:26.880] The traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
[01:32:26.880 --> 01:32:31.880] Paris Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the most comprehensive teaching tool available
[01:32:31.880 --> 01:32:35.880] that will help you understand what due process is and how to hold courts to the rule of law.
[01:32:35.880 --> 01:32:39.880] You can get your own copy of this invaluable material by going to ruleoflawradio.com
[01:32:39.880 --> 01:32:41.880] and ordering your copy today.
[01:32:41.880 --> 01:32:44.880] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code,
[01:32:44.880 --> 01:32:48.880] The Law vs. the Lie, video and audio of your original 2009 seminar.
[01:32:48.880 --> 01:32:51.880] Hundreds of research documents and other useful resource material.
[01:32:51.880 --> 01:32:55.880] Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[01:32:55.880 --> 01:32:59.880] Copy today and together we can have the pre-society we all want and deserve.
[01:32:59.880 --> 01:33:23.880] You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:33:29.880 --> 01:33:44.880] Logos Radio Network
[01:33:44.880 --> 01:33:58.880] Logos Radio Network
[01:33:58.880 --> 01:34:06.880] Logos Radio Network
[01:34:06.880 --> 01:34:14.880] Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Ida in New Jersey.
[01:34:14.880 --> 01:34:21.880] Okay, Ida, just kind of give you an idea how to move ahead.
[01:34:21.880 --> 01:34:28.880] We can't get two details.
[01:34:28.880 --> 01:34:34.880] When we want to join them as destructive parties, not only in the criminal charges, but in the civil suit,
[01:34:34.880 --> 01:34:38.880] the clerk, the fellow clerk, and the counsel.
[01:34:38.880 --> 01:34:43.880] Yes, and they're going to raise an objection.
[01:34:43.880 --> 01:34:48.880] They're going to object because you're in a civil case, but horse manure.
[01:34:48.880 --> 01:34:54.880] Civil and criminal have nothing to do with each other.
[01:34:54.880 --> 01:35:03.880] Legally, there may be some factual circumstances that have to do with each other, but legally one has nothing to do with the other.
[01:35:03.880 --> 01:35:09.880] In this case, you are the prosecutor. You're prosecuting a civil action.
[01:35:09.880 --> 01:35:15.880] In the other case, the state is the prosecutor.
[01:35:15.880 --> 01:35:19.880] And you have no standing in that other case.
[01:35:19.880 --> 01:35:26.880] You're just a witness and you give notice that you have reason to believe that a crime has occurred.
[01:35:26.880 --> 01:35:32.880] That's the only relationship, legal relationship it has to your civil case.
[01:35:32.880 --> 01:35:39.880] And what lawyers say is, oh, where does the civil case keep my criminal file criminal? Of course you can.
[01:35:39.880 --> 01:35:45.880] And that will make them crazy.
[01:35:45.880 --> 01:35:49.880] Especially if you file against the lawyer.
[01:35:49.880 --> 01:35:52.880] Can you file criminally against the firm?
[01:35:52.880 --> 01:35:54.880] All necessarily.
[01:35:54.880 --> 01:35:59.880] Say that again and speak a little slower. We're having a little fidelity problems.
[01:35:59.880 --> 01:36:05.880] Can you file criminally against the firm, the law firm?
[01:36:05.880 --> 01:36:12.880] No, the law firm is a legal fiction.
[01:36:12.880 --> 01:36:18.880] It's not a human being. Only human beings can commit crimes.
[01:36:18.880 --> 01:36:32.880] You can file against the lawyer himself and every member of the law firm because every member of the law firm has a duty under the Bar Association standards
[01:36:32.880 --> 01:36:38.880] to ensure that other lawyers in their firm follow law.
[01:36:38.880 --> 01:36:43.880] So they're all responsible.
[01:36:43.880 --> 01:36:48.880] We generally use that to bar, to bar grieve all of them.
[01:36:48.880 --> 01:36:54.880] Generally, the only one we charge criminally is the actor.
[01:36:54.880 --> 01:36:59.880] The one who actually took the action you're complaining about.
[01:36:59.880 --> 01:37:13.880] The rest of them, we would have to show that they intentionally conspired with the actor in order to make them culpable.
[01:37:13.880 --> 01:37:28.880] So they're not necessarily culpable in the criminal act, but they are subject to civil penalty for not ensuring that the other lawyers follow law.
[01:37:28.880 --> 01:37:31.880] Does that make sense?
[01:37:31.880 --> 01:37:42.880] Okay. The civil penalties for not making sure that other attorneys follow the law, you don't have to show intent. Is that what you're saying?
[01:37:42.880 --> 01:37:50.880] Right. Because they had a duty and apparently they didn't do the duty because the guy didn't do what he was supposed to.
[01:37:50.880 --> 01:38:01.880] So you don't have to show intent. Criminal, you have to show culpability, mens reyes, evil intent.
[01:38:01.880 --> 01:38:03.880] Okay.
[01:38:03.880 --> 01:38:14.880] But if you've got two lawyers that signed on the, as lawyers in the case, you charge both of them?
[01:38:14.880 --> 01:38:28.880] Well, I have this thing where there are two lawyers on the letterhead, but Nicky signed because I pointed out an earlier motion that he was putting two lawyers underneath his signature but only one signature.
[01:38:28.880 --> 01:38:36.880] Showed off ever since then. He's always made sure to only put his name and signature on the signature line.
[01:38:36.880 --> 01:38:42.880] Okay. That means that both of these lawyers are on the case.
[01:38:42.880 --> 01:38:49.880] There may be 10 lawyers in the law firm, but these two lawyers are handling this case.
[01:38:49.880 --> 01:38:57.880] So the presumption is the lawyer is, both lawyers are fully aware of what the other lawyers doing. You file against him.
[01:38:57.880 --> 01:39:02.880] Let him prove that he's not criminally culpable.
[01:39:02.880 --> 01:39:04.880] Right.
[01:39:04.880 --> 01:39:11.880] Now, you know, the prosecutor's not going to want to prosecute, but you don't care.
[01:39:11.880 --> 01:39:28.880] You file against them. You know, the problem they have is, is what if they have a political enemy who's looking for some cannon fodder they can use to hammer you?
[01:39:28.880 --> 01:39:34.880] You're giving this guy's enemies cannon fodder they can use against them.
[01:39:34.880 --> 01:39:36.880] It's all political.
[01:39:36.880 --> 01:39:37.880] Yeah.
[01:39:37.880 --> 01:39:44.880] You get to create these kind of politics. So with criminal, you don't have to be so careful.
[01:39:44.880 --> 01:39:56.880] If you file a criminal complaint and say, this dirty rotten scoundrel, he should be charged with official misconduct because he parted his hair on the left.
[01:39:56.880 --> 01:40:05.880] If you can believe that the prosecutor or the grand jury will get that complaint and look at the complaint and say,
[01:40:05.880 --> 01:40:11.880] does the guy actually part his hair on the left?
[01:40:11.880 --> 01:40:17.880] If the answer is yes, you cannot be held liable.
[01:40:17.880 --> 01:40:19.880] Period.
[01:40:19.880 --> 01:40:31.880] So long as you don't commit perjury and lie about the facts, you can come to any conclusion you want to file the complaint.
[01:40:31.880 --> 01:40:39.880] It hurts no one because the complaint doesn't do anything until it gets past the gatekeeper.
[01:40:39.880 --> 01:40:45.880] If the gatekeeper, it's supposed to be a magistrate, but it's generally a prosecutor.
[01:40:45.880 --> 01:40:52.880] The prosecutor looks at it and says, what she claimed doesn't amount to a crime.
[01:40:52.880 --> 01:41:02.880] Of course, it was in the trash. He denies it. There's no harm to the accused, so they have no claim.
[01:41:02.880 --> 01:41:12.880] If he doesn't like that guy, well, I owe this sucker.
[01:41:12.880 --> 01:41:17.880] Let him prove to a court that this doesn't amount to a crime.
[01:41:17.880 --> 01:41:21.880] And that's what the lawyers are afraid of.
[01:41:21.880 --> 01:41:27.880] I once got all the highest judges in Texas put in front of a grand jury, Court of Criminal Appeals.
[01:41:27.880 --> 01:41:32.880] In Texas, we have two high courts, Supreme for Civil, Court of Criminal Appeals for Criminal.
[01:41:32.880 --> 01:41:36.880] I got all nine of them put in front of a grand jury.
[01:41:36.880 --> 01:41:43.880] Had nothing to do with me. Had nothing to do with the documentation I wrote.
[01:41:43.880 --> 01:41:51.880] Had nothing to do with the fact that I bushwhacked the head criminal district judge with criminal complaints and hammered them for over a year.
[01:41:51.880 --> 01:41:57.880] It had to do with Ron Earl, 25-year district attorney Democrat.
[01:41:57.880 --> 01:42:07.880] Retiring, not running for office again, he's a Democrat. All nine of these Court of Criminal Appeals judges are Republicans.
[01:42:07.880 --> 01:42:16.880] He used my complaints as cannon fodder to try to take out these nine judges with him.
[01:42:16.880 --> 01:42:27.880] So political. So how can you create political cannon fodder somebody else can use against these guys?
[01:42:27.880 --> 01:42:36.880] There's one thing I would want to mention here about, I see New Jersey revised statutes speaking about complicity.
[01:42:36.880 --> 01:42:39.880] Liability for conduct of another.
[01:42:39.880 --> 01:42:51.880] And that seems like it could fit in your situation if you wanted to multiply the crime so that you're not only charging the two actors, but you're charging their boss.
[01:42:51.880 --> 01:42:59.880] Or you're charging someone who, it says here, somebody for which he is legally accountable.
[01:42:59.880 --> 01:43:06.880] And is it accomplished?
[01:43:06.880 --> 01:43:08.880] He has in...
[01:43:08.880 --> 01:43:15.880] What is the link that you proved to show that there is accomplice to each other?
[01:43:15.880 --> 01:43:17.880] The two actors.
[01:43:17.880 --> 01:43:26.880] Well, there's a subsection, see, having a legal duty to prevent the commission of the offense fails to make the proper effort to do something to do.
[01:43:26.880 --> 01:43:39.880] And if you were to make the boss aware of the crime of the underling, then you could say that he has a legal duty to prevent the commission of that offense.
[01:43:39.880 --> 01:43:46.880] Yes, and there's a very good chance that we could both fall off the cliff.
[01:43:46.880 --> 01:43:50.880] Randy Kelton, Brett Fountain, Blue Law Radio.
[01:43:50.880 --> 01:43:53.880] We're about to go to our sponsors.
[01:43:53.880 --> 01:43:59.880] Hang on, Leslie, I'm sorry we took more time than I thought, but we'll get to you, we'll be right back.
[01:43:59.880 --> 01:44:05.880] Through advances in technology, our lives have greatly improved, except in the area of nutrition.
[01:44:05.880 --> 01:44:10.880] People feed their pets better than they feed themselves, and it's time we changed all that.
[01:44:10.880 --> 01:44:16.880] Our primary defense against aging and disease in this toxic environment is good nutrition.
[01:44:16.880 --> 01:44:21.880] In a world where natural foods have been irradiated, adulterated, and mutilated,
[01:44:21.880 --> 01:44:24.880] young Jevity can provide the nutrients you need.
[01:44:24.880 --> 01:44:30.880] Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject.
[01:44:30.880 --> 01:44:39.880] We have come to trust young Jevity so much, we became a marketing distributor along with Alex Jones, Ben Fuchs, and many others.
[01:44:39.880 --> 01:44:46.880] When you order from LogosRadioNetwork.com, your health will improve as you help support quality radio.
[01:44:46.880 --> 01:44:51.880] As you realize the benefits of young Jevity, you may want to join us.
[01:44:51.880 --> 01:45:02.880] As a distributor, you can experience improved health, help your friends and family, and increase your income. Order now.
[01:45:02.880 --> 01:45:05.880] Are you the plaintiff or defendant in a lawsuit?
[01:45:05.880 --> 01:45:16.880] Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course that will show you how in 24 hours, step-by-step.
[01:45:16.880 --> 01:45:20.880] If you have a lawyer, know what your lawyer should be doing.
[01:45:20.880 --> 01:45:24.880] If you don't have a lawyer, know what you should do for yourself.
[01:45:24.880 --> 01:45:29.880] Thousands have won with our step-by-step course, and now you can too.
[01:45:29.880 --> 01:45:35.880] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[01:45:35.880 --> 01:45:44.880] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[01:45:44.880 --> 01:45:53.880] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro-save tactics, and much more.
[01:45:53.880 --> 01:46:02.880] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[01:46:23.880 --> 01:46:48.880] I forgot.
[01:46:48.880 --> 01:46:54.880] Okay, I screwed up, okay.
[01:46:54.880 --> 01:46:59.880] You guys don't know what I screwed up, but I kind of stepped on Brett there.
[01:46:59.880 --> 01:47:02.880] He's our producer, and I produced in his place.
[01:47:02.880 --> 01:47:07.880] You're sick, Deborah, on me, I'm sure, and I'll deserve it.
[01:47:07.880 --> 01:47:19.880] Okay, Eda, do you have enough to go after these guys?
[01:47:19.880 --> 01:47:24.880] Yeah, I do.
[01:47:24.880 --> 01:47:28.880] Okay, I need to go to Ms. Leslie.
[01:47:28.880 --> 01:47:33.880] She's been waiting a long time, and she's got some good stuff, and we've only got one segment left.
[01:47:33.880 --> 01:47:39.880] Thank you, Eda, and keep us up to date on how this progresses.
[01:47:39.880 --> 01:47:49.880] Actually, I have one more question on discovery, but if I can ask her the question.
[01:47:49.880 --> 01:47:51.880] Go ahead.
[01:47:51.880 --> 01:47:59.880] Okay, so he's plotting a motion to dismiss the case, to dismiss my complaint, basically.
[01:47:59.880 --> 01:48:08.880] Why am I producing discovery for him? I've been asking myself, because I've been producing discovery under an impression that the case is going to continue to be litigated.
[01:48:08.880 --> 01:48:11.880] But he's recently filed this motion to dismiss.
[01:48:11.880 --> 01:48:15.880] Yeah, don't worry about it. They filed a motion to dismiss all the time.
[01:48:15.880 --> 01:48:21.880] If he's filing for summary judgment, he's just hoping you don't respond.
[01:48:21.880 --> 01:48:28.880] Okay, so it's still on, and the different obligations are still there, basically?
[01:48:28.880 --> 01:48:31.880] Absolutely, absolutely, yes.
[01:48:31.880 --> 01:48:44.880] If, for some reason, you don't file a response to his summary judgment motion, maybe you don't get it any time, or some snafu happens, bam, he gets a free ride.
[01:48:44.880 --> 01:48:51.880] So they file these just to see if they, maybe you'll miss something and they'll get a free ride.
[01:48:51.880 --> 01:49:03.880] But all you have to do is show that there are matters of fact and law in contention, and he cannot get summary judgment.
[01:49:03.880 --> 01:49:05.880] But he can get a dismiss.
[01:49:05.880 --> 01:49:13.880] No, well, he can get a dismiss, yeah, but that goes to the facts and law. That almost never happens.
[01:49:13.880 --> 01:49:16.880] Unless you've got a corrupt judge.
[01:49:16.880 --> 01:49:17.880] Okay.
[01:49:17.880 --> 01:49:20.880] But he's not asking for dismissal. He's asking for summary judgment.
[01:49:20.880 --> 01:49:25.880] No, there are two separate motions. One is a summary judgment, and the other is a dismissal of my complaint.
[01:49:25.880 --> 01:49:42.880] Oh, okay. Well, you just have to answer both of those and show why, even for a dismissal, he has to show that you have made no claim for which recovery can be had.
[01:49:42.880 --> 01:49:44.880] Okay.
[01:49:44.880 --> 01:49:53.880] So just answer both of his motions without going into all the details of the motion.
[01:49:53.880 --> 01:50:02.880] It's hard to say exactly how to answer, but just answer each of them, answer each of the issues that he brings, raise an opposition to it.
[01:50:02.880 --> 01:50:08.880] And for the motion to dismiss, it's almost certainly for failure state of claim.
[01:50:08.880 --> 01:50:21.880] Make sure that your causes of action include you in that you have pled each element of each cause of action.
[01:50:21.880 --> 01:50:24.880] And that'll keep you in court.
[01:50:24.880 --> 01:50:26.880] Okay.
[01:50:26.880 --> 01:50:28.880] All right.
[01:50:28.880 --> 01:50:30.880] Okay. Good luck, Eda.
[01:50:30.880 --> 01:50:36.880] Okay. Now, now we're going to miss Leslie. Hello, miss Leslie.
[01:50:36.880 --> 01:50:41.880] Hello there. We've been working with Orbitration for a while now.
[01:50:41.880 --> 01:50:56.880] And like I was telling you earlier, when we have sent out a notice of hearing to a bank, they never, ever respond before the hearing.
[01:50:56.880 --> 01:51:03.880] Okay. Explain how you get to the notice of hearing.
[01:51:03.880 --> 01:51:19.880] The party would send out, usually what happens is if someone has been sent an offer of loan modification or they have had a change of service,
[01:51:19.880 --> 01:51:31.880] you can send this conditional acceptance for value and counteroffer, you know, and counteroffer.
[01:51:31.880 --> 01:51:46.880] And so when they get that, if they don't respond to that in 10 days, then we send them, the party will send them a notice of opportunity to cure.
[01:51:46.880 --> 01:51:48.880] And if they don't respond to that...
[01:51:48.880 --> 01:51:55.880] Wait, wait, wait. Okay. What are they trying to cure?
[01:51:55.880 --> 01:52:00.880] The fact that they didn't respond to the offer.
[01:52:00.880 --> 01:52:06.880] So what duty do they have to respond to the offer?
[01:52:06.880 --> 01:52:17.880] The duty is that they have an ongoing contractual relationship. They have made a change in that relationship.
[01:52:17.880 --> 01:52:28.880] And in order for them to continue with this relationship, they must respond to this counteroffer.
[01:52:28.880 --> 01:52:33.880] Okay. What does not responding mean?
[01:52:33.880 --> 01:52:40.880] It means that they have to answer each of the questions and provide the information required.
[01:52:40.880 --> 01:52:43.880] No, no, wait. That's not where I'm going.
[01:52:43.880 --> 01:53:02.880] Any claim in the live pleadings not opposed are construed to grant judicial admission.
[01:53:02.880 --> 01:53:05.880] That's where I'm going.
[01:53:05.880 --> 01:53:20.880] When you file the counteroffer, does their failure to respond to the counteroffer act as a denial or act as admission?
[01:53:20.880 --> 01:53:40.880] It acts as an admission that they have committed fraud, that there is no loan, that they don't own the loan, that they do not have the documents that would be required,
[01:53:40.880 --> 01:53:55.880] that they do not have money on the line, that they do not have a, what would you call it, a validation and verification of the debt.
[01:53:55.880 --> 01:53:58.880] They can't validate the claim.
[01:53:58.880 --> 01:54:13.880] Okay. This is, for those listening, how we get here is a little bit complex. What Leslie really wanted to talk about was once you have this, you're in this position,
[01:54:13.880 --> 01:54:22.880] or you filed the counterclaim and the other opposing party has failed to respond to that.
[01:54:22.880 --> 01:54:26.880] Now, next step.
[01:54:26.880 --> 01:54:36.880] Okay. Then you send them a final notice of default and a request for arbitration because this counteroffer includes an arbitration agreement,
[01:54:36.880 --> 01:54:46.880] and it also says that failure to respond is acceptance of the offer, that, you know, you must respond with this information,
[01:54:46.880 --> 01:54:52.880] but if you don't respond at all, that's an acceptance, and they never respond at all.
[01:54:52.880 --> 01:55:04.880] That was what I was looking for. I was trying to find how to, how do we give, how do they get a duty, and this is, this is how they get the duty.
[01:55:04.880 --> 01:55:14.880] Now, we've had people send other people letters and say, make statements and say, if you don't respond, you owe me this.
[01:55:14.880 --> 01:55:23.880] And we say, wait a minute, you can't do that. You can't require him to respond unless he has a duty to respond.
[01:55:23.880 --> 01:55:34.880] But what you're saying is you're already in a contract with someone, and they're making an offer or an action, and you're making a counteroffer.
[01:55:34.880 --> 01:55:41.880] Well, you're already in a contractual relationship, so they have a duty to respond.
[01:55:41.880 --> 01:55:45.880] That's what, that was the one thing I was a little light on how we got there.
[01:55:45.880 --> 01:55:51.880] So now they have that duty to respond, and you give them notice and opportunity.
[01:55:51.880 --> 01:56:00.880] Right. So once they get the final notice of default, then they get sent a request for arbitration.
[01:56:00.880 --> 01:56:12.880] And within three days of that request of arbitration, I will send, as the clerk for the arbitration firm, a notice of hearing.
[01:56:12.880 --> 01:56:16.880] And I send it return, you know, the priority mail.
[01:56:16.880 --> 01:56:35.880] Every single time, they will wait for maybe three or four weeks after the hearing, after they have already received a copy of the arbitration award to go to an attorney.
[01:56:35.880 --> 01:56:39.880] And they will not go to get a motion to vacate.
[01:56:39.880 --> 01:56:47.880] In most cases, I have had one case, out of all of the cases I have done, that they went to vacate the award.
[01:56:47.880 --> 01:56:58.880] And they didn't follow the law, filed it in the wrong court, and never served properly according to the requirements of the law.
[01:56:58.880 --> 01:57:05.880] So essentially what you're saying is these guys just don't know how to do this.
[01:57:05.880 --> 01:57:07.880] No, they don't.
[01:57:07.880 --> 01:57:11.880] They don't know how to conduct themselves and they wind up getting them.
[01:57:11.880 --> 01:57:19.880] The same thing happens to process when they don't know how to follow the details and you're putting these guys in the same position.
[01:57:19.880 --> 01:57:25.880] And for those of you who think lawyers know what they're doing, forget that noise.
[01:57:25.880 --> 01:57:28.880] I like to file petitions for declaratory judgment.
[01:57:28.880 --> 01:57:32.880] I've never had a lawyer know what that was.
[01:57:32.880 --> 01:57:39.880] It's real simple, but they always treat it as a normal lawsuit and it's not.
[01:57:39.880 --> 01:57:41.880] Judges don't know what they are.
[01:57:41.880 --> 01:57:47.880] So in Ms. Leslie's arbitration issue, I'm not surprised.
[01:57:47.880 --> 01:57:53.880] These guys don't have a clue and they don't realize that it has a landmine waiting for them.
[01:57:53.880 --> 01:57:56.880] Why would they not look it up first before they answer?
[01:57:56.880 --> 01:58:03.880] Why would they not? I mean, do they really think so little of a procé that they're not even going to check it out?
[01:58:03.880 --> 01:58:12.880] Yeah, they've got so much stuff on their desk that they just don't have time and no, they don't think a procé can do anything.
[01:58:12.880 --> 01:58:14.880] So they have no respect for you.
[01:58:14.880 --> 01:58:27.880] They believe that the rules of civil procedure are the same for an arbitration and it is not.
[01:58:27.880 --> 01:58:33.880] It's absolutely different and it's written right in the Federal Arbitration Army.
[01:58:33.880 --> 01:58:40.880] I am sorry, Ms. Leslie, but I've run us out of time.
[01:58:40.880 --> 01:58:46.880] You will call back next Thursday. I'd like to bring you up on the guest bridge and talk about this.
[01:58:46.880 --> 01:58:49.880] Thank you all for listening and good night.
[01:58:49.880 --> 01:58:57.880] Bibles for America is offering absolutely free, a unique study Bible called the New Testament Recovery Version.
[01:58:57.880 --> 01:59:04.880] The New Testament Recovery Version has over 9,000 footnotes that explain what the Bible says verse by verse,
[01:59:04.880 --> 01:59:07.880] helping you to know God and to know the meaning of life.
[01:59:07.880 --> 01:59:10.880] Order your free copy today from Bibles for America.
[01:59:10.880 --> 01:59:19.880] Call us toll free at 888-551-0102 or visit us online at bfa.org.
[01:59:19.880 --> 01:59:29.880] This translation is highly accurate and it comes with over 13,000 cross references, plus charts and maps and an outline for every book of the Bible.
[01:59:29.880 --> 01:59:31.880] This is truly a Bible you can understand.
[01:59:31.880 --> 01:59:40.880] To get your free copy of the New Testament Recovery Version, call us toll free at 888-551-0102.
[01:59:40.880 --> 02:00:01.880] That's 888-551-0102 or visit us online at bfa.org.