ROL_2021-02-05_16k_Hr3-4.timecode

[00:00.000 --> 00:06.900]  The following news flash is brought to you by the Lone Star Lowdown.
[00:06.900 --> 00:13.200]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[00:13.200 --> 00:21.520]  silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel, Brent crude
[00:21.520 --> 00:29.800]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum
[00:29.800 --> 00:41.560]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:46.040 --> 00:52.760]  Today in history, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated on
[00:52.760 --> 00:58.760]  Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and entering
[00:58.760 --> 01:08.480]  40. Today in history. In recent news, since Governor Greg Abbott signed House Bill 1325
[01:08.480 --> 01:13.240]  legalizing hemp into taxes law back in June, county prosecutors around the state, including
[01:13.240 --> 01:17.520]  Houston, Austin, and San Antonio, have been dropping marijuana possession charges and even
[01:17.520 --> 01:21.920]  refusing to file new ones, since they are stipulating that they do not have the time or the
[01:21.920 --> 01:26.880]  laboratory equipment to test the herb for THC. Margaret Moore, the Travis County District
[01:26.880 --> 01:30.840]  Attorney, announced earlier this month that she was dismissing 32 felony possession and
[01:30.840 --> 01:35.920]  delivery of marijuana cases because of the law. Mr. Abbott and other state officials,
[01:35.920 --> 01:39.040]  including the Attorney General, stipulated in a letter to county district attorneys
[01:39.040 --> 01:43.960]  back on Thursday that marijuana has not been decriminalized in Texas and that these actions
[01:43.960 --> 01:50.000]  demonstrate a misunderstanding of how HB 1325 works, as well as other cities, too, like
[01:50.000 --> 01:56.200]  the district attorney. In El Paso, Jaime Esparza, a Democrat who also stated earlier this month
[01:56.200 --> 02:00.940]  that the law, quote, will not have an effect on the prosecution of marijuana cases in El
[02:00.940 --> 02:06.880]  Paso. However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.880 --> 02:10.880]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.880 --> 02:15.160]  something illegal based on its chemical makeup. It's important that if someone is charged
[02:15.160 --> 02:22.680]  with something, the test matches what they're charged with.
[02:22.680 --> 02:27.320]  A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.320 --> 02:32.480]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.480 --> 02:38.120]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.120 --> 02:43.120]  Pacific Ocean. According to the university paper, the shark secretes a lumus fluid from
[02:43.120 --> 02:49.760]  a gland near its front fins for the purposes hypothesized to lure and prey who may be drawn
[02:49.760 --> 02:59.760]  into the glow. This was Wolf Roadie with your lowdown for July 22, 2019.
[02:59.760 --> 03:28.760]  I received my remedy today, came in the rocks just like they say, I accepted for value right
[03:28.760 --> 03:38.960]  here, not later. We are originators and the pathways seem to get straighter every day.
[03:38.960 --> 03:44.540]  And I get to take anything. Okay, we are back. Randy Colton, Brett Fountain,
[03:44.540 --> 03:53.080]  Lutobar radio on this fifth day of February, 2021. And we're talking about the COVID virus
[03:53.080 --> 03:58.280]  This vaccine, go ahead, John.
[03:58.280 --> 04:04.640]  All right, the best thing I can do now is to summarize everything.
[04:04.640 --> 04:09.720]  Everything I've just said, basically, it's important, but what's more important is how
[04:09.720 --> 04:13.840]  people can prevent getting the virus to begin with.
[04:13.840 --> 04:19.560]  And better than any vaccine in the world, vitamins and minerals is always better.
[04:19.560 --> 04:25.600]  When the body gets sick, when a person has a heart attack or a stroke or they get flu
[04:25.600 --> 04:31.880]  or they don't have a deficiency of pharmaceutical drugs, they have a deficiency of vitamins
[04:31.880 --> 04:33.960]  and minerals.
[04:33.960 --> 04:38.520]  And the best thing I can ever do is tell you what that is for COVID-19.
[04:38.520 --> 04:40.600]  It's very simple.
[04:40.600 --> 04:46.040]  If you know the rock group, ACDC, let's remember ACDC, the rock group.
[04:46.040 --> 04:56.440]  You take vitamin A, vitamin C, vitamin D, and then more vitamin C. Doctors go, oh, you've
[04:56.440 --> 05:02.320]  got to be careful with vitamin C, you don't want to take too much, you'll get kidney stones.
[05:02.320 --> 05:07.120]  That is so false, it isn't funny.
[05:07.120 --> 05:12.440]  If I had COVID-19 right now, I would immediately take the following.
[05:12.440 --> 05:19.000]  This is what I would do, but you always consult your doctor and find out what's safe for you,
[05:19.000 --> 05:25.960]  considering you might have medicines you're taking or a condition you have.
[05:25.960 --> 05:31.320]  Very few people have ever been killed by vitamins.
[05:31.320 --> 05:36.320]  They once said that 11 people in the history of the world died because of vitamins and
[05:36.320 --> 05:39.880]  it wasn't even sure that 11 people died.
[05:39.880 --> 05:43.480]  Do you know how many people died from bioxylone?
[05:43.480 --> 05:44.480]  60,000.
[05:44.480 --> 05:53.080]  Do you know how many people died from correctly prescribed procedures and correctly prescribed
[05:53.080 --> 05:57.120]  drugs that doctors and hospitals do?
[05:57.120 --> 06:04.240]  225,000 people a year die from correctly prescribed drugs and procedures.
[06:04.240 --> 06:08.640]  Now, that doesn't include the mistakes that they make.
[06:08.640 --> 06:12.560]  That would be another 250,000.
[06:12.560 --> 06:20.360]  Anybody who disagrees with me, I've got the facts and the figures.
[06:20.360 --> 06:26.120]  Provide those to us if you can, give me links and I will send those out to anybody who asks
[06:26.120 --> 06:28.120]  for them.
[06:28.120 --> 06:37.280]  Yeah, about 225,000 people died from correctly prescribed procedures and medicines every year.
[06:37.280 --> 06:38.800]  Nobody has died from vitamins.
[06:38.800 --> 06:43.720]  They claim 11 people did one, but did you know you can die from too much water?
[06:43.720 --> 06:48.960]  I don't know if that's actually happened, but you can do, you can over.
[06:48.960 --> 06:56.480]  That has happened, sometimes there's been universities where they're doing hazing where
[06:56.480 --> 06:59.440]  a number of people have died from that.
[06:59.440 --> 07:05.760]  Yeah, but nobody dies from vitamins, trust me, and if they did, it was 11 people and
[07:05.760 --> 07:07.680]  they don't even think those 11 died.
[07:07.680 --> 07:10.360]  I mean, that's in the history of the world.
[07:10.360 --> 07:14.920]  225,000 die from correctly prescribed drugs and procedures every year.
[07:14.920 --> 07:17.760]  Now, we don't have a ban on that, do we?
[07:17.760 --> 07:18.760]  Of course not.
[07:18.760 --> 07:23.320]  Well, I'm going to say that 250,000 sounds way short.
[07:23.320 --> 07:28.360]  Well, when you consider the mistakes, it's 500,000.
[07:28.360 --> 07:34.960]  Well, had I not went to Tennessee and took over and looked at all the drugs my mom was
[07:34.960 --> 07:38.240]  taking, she'd be dead now.
[07:38.240 --> 07:40.160]  Absolutely no doubt about it.
[07:40.160 --> 07:47.120]  They had her on drugs that were just absolutely not indicated, two Alzheimer's drugs.
[07:47.120 --> 07:51.120]  Her mind was crystal clear and they've got her on two Alzheimer's drugs.
[07:51.120 --> 07:53.040]  I said, what is this garbage?
[07:53.040 --> 07:58.440]  She's got symptoms and when I looked up the primary symptoms for these drugs, she had
[07:58.440 --> 08:00.480]  every single one of them.
[08:00.480 --> 08:02.480]  Yeah, another one.
[08:02.480 --> 08:09.360]  This is just, everybody has stories like this, so I'm thinking that quarter of a million
[08:09.360 --> 08:10.360]  is way low.
[08:10.360 --> 08:16.280]  Well, quarter of a million is the properly, now listen to the word, quarter of a million
[08:16.280 --> 08:22.960]  die from properly prescribed drugs and properly prescribed procedures by doctors and hospitals.
[08:22.960 --> 08:30.080]  Now the mistake, 250,000 more die, that's half a million a year, from properly and improperly
[08:30.080 --> 08:31.080]  prescribed stuff.
[08:31.080 --> 08:35.840]  Okay, now the best thing I can do is tell you what to take so that you keep your immune
[08:35.840 --> 08:37.080]  system strong.
[08:37.080 --> 08:41.840]  This will help to protect you against cancer, this will help you protect yourself against
[08:41.840 --> 08:43.840]  cold, flu.
[08:43.840 --> 08:56.440]  Are you still there?
[08:56.440 --> 08:58.440]  Did you catch a cold there, John?
[08:58.440 --> 09:04.960]  John, maybe you hit me?
[09:04.960 --> 09:07.120]  It looks like we may have lost John.
[09:07.120 --> 09:12.560]  John, if you're there and you can hear me, hang up and call back in.
[09:12.560 --> 09:17.920]  Okay, I think John got too excited and overheated the mic.
[09:17.920 --> 09:25.640]  Okay, we're going to go to Tina in California as soon as my board refreshes.
[09:25.640 --> 09:29.840]  Brett, did you just lose the call board?
[09:29.840 --> 09:34.080]  Yeah, it looks like they both dropped off.
[09:34.080 --> 09:36.640]  This looks like a call board issue.
[09:36.640 --> 09:46.120]  See if you can get Deborah and check if we have minutes.
[09:46.120 --> 09:50.240]  And I will go back to what we were talking about earlier.
[09:50.240 --> 09:56.640]  We've lost both of our callers so I'm thinking we may have a call board issue.
[09:56.640 --> 10:00.880]  So we'll just keep going and maybe we can get them back.
[10:00.880 --> 10:05.840]  Okay, when we went to our callers, I've been talking about something I've been working
[10:05.840 --> 10:15.760]  on for 30 years and getting the jurisdictions to hold examining trials.
[10:15.760 --> 10:19.280]  On the surface that doesn't look like a big deal.
[10:19.280 --> 10:30.440]  But our founders put that into law 800 years ago in the original Magna Carta that was required
[10:30.440 --> 10:36.200]  and it eliminated a lot of problems.
[10:36.200 --> 10:43.480]  If anybody watches any of these First Amendment audits, we have guys that go out and literally
[10:43.480 --> 10:47.920]  provoke the police by videotaping them.
[10:47.920 --> 10:55.560]  They know that cops hate to be taped because even the best cop can do things that may be
[10:55.560 --> 10:58.120]  absolutely correct.
[10:58.120 --> 11:05.320]  But if you're standing back from a distance videotaping them, it may not look correct.
[11:05.320 --> 11:09.360]  You may be standing talking to this guy and then all of a sudden grab him and throw him
[11:09.360 --> 11:14.280]  to the ground and everybody watching are just aghast.
[11:14.280 --> 11:19.320]  But what you can't tell is he just told you that he has a gun in his pocket that's going
[11:19.320 --> 11:23.240]  to take that gun out and blow your brains out.
[11:23.240 --> 11:29.480]  So you don't have the option of standing there contemplating whether or not he has a gun
[11:29.480 --> 11:30.480]  or not.
[11:30.480 --> 11:31.480]  You have to act immediately.
[11:31.480 --> 11:39.280]  So everybody else watching, they don't get all the story and you wind up viral on video
[11:39.280 --> 11:41.400]  on YouTube.
[11:41.400 --> 11:48.080]  So I understand the cops not being happy about being watched from a distance and videotaped,
[11:48.080 --> 11:56.320]  but there are certain behaviors police do not get to participate in.
[11:56.320 --> 12:05.360]  And if the police knew that they would have to go to a neutral magistrate and explain
[12:05.360 --> 12:11.280]  their behavior, they would be a lot more reluctant to interfere with these guys.
[12:11.280 --> 12:19.480]  They especially would be more reluctant to arrest them or harass them because they're
[12:19.480 --> 12:26.440]  likely to get the same treatment from the magistrates.
[12:26.440 --> 12:35.800]  So examining trials, they are the best deterrent to bad policing.
[12:35.800 --> 12:42.840]  When I was growing up, I grew up in Chicago and the police in Chicago were absolutely
[12:42.840 --> 12:45.280]  out of control.
[12:45.280 --> 12:51.680]  And then I went to spend a couple of years in Tennessee.
[12:51.680 --> 12:58.560]  And the sheriff there knew almost everyone by name.
[12:58.560 --> 13:03.680]  Never once did I see the sheriff act with an attitude or any of the deputies.
[13:03.680 --> 13:08.440]  They all were the way we expect police to be.
[13:08.440 --> 13:11.400]  They were a part of the community.
[13:11.400 --> 13:15.720]  And you never heard people talking bad about the police.
[13:15.720 --> 13:17.840]  They were a part of the system.
[13:17.840 --> 13:21.880]  They were accepted and trusted part of the system.
[13:21.880 --> 13:25.320]  What happened to that?
[13:25.320 --> 13:32.160]  What happened to that was back in the early 70s, they stopped taking people to a magistrate.
[13:32.160 --> 13:36.080]  And then you get a few bad policemen.
[13:36.080 --> 13:37.480]  I know a lot of policemen.
[13:37.480 --> 13:43.240]  I don't know a single one who became a policeman so he could be a Jack Booty Doug.
[13:43.240 --> 13:49.120]  I'm sure there's some out there and it may be some that I know and if they did join so
[13:49.120 --> 13:51.440]  they could be a Jack Booty Doug, they're not going to tell me.
[13:51.440 --> 13:54.160]  They're going to pretend they didn't.
[13:54.160 --> 13:59.320]  But there aren't many and those get around a lot.
[13:59.320 --> 14:03.960]  And everybody hears about all the bad ones.
[14:03.960 --> 14:12.440]  You don't have policemen getting put on YouTube and going viral for doing the right thing.
[14:12.440 --> 14:19.240]  You get them put on video and going viral for doing something that is either the wrong
[14:19.240 --> 14:24.200]  thing or has the appearance of the wrong thing.
[14:24.200 --> 14:32.120]  So a few out there ruin it for the rest and then you get the policemen out there that
[14:32.120 --> 14:37.920]  everybody seems to distrust them.
[14:37.920 --> 14:41.600]  They react by becoming distrustful themselves.
[14:41.600 --> 14:55.760]  This is a self-feeding, I don't want to call it a virus or disease, but it's a self-defeating
[14:55.760 --> 15:00.280]  set of interactive behaviors.
[15:00.280 --> 15:09.280]  If we can get the examining trial back in place, I truly believe this will go a long
[15:09.280 --> 15:17.080]  way toward eliminating this mass incarceration problem we're having.
[15:17.080 --> 15:24.600]  It was in the early 1970s when most jurisdictions stopped doing examining trials.
[15:24.600 --> 15:31.040]  And if you look at the statistics on incarceration rates, that's right at the time the incarceration
[15:31.040 --> 15:33.120]  rates started up.
[15:33.120 --> 15:36.880]  Incarceration rates were relatively consistent.
[15:36.880 --> 15:40.400]  Throughout our history, they rose just slightly each year.
[15:40.400 --> 15:45.680]  And then in the early 1970s, they started up dramatically.
[15:45.680 --> 15:53.360]  And they've been rising on the same incline for the last 50 years.
[15:53.360 --> 16:03.520]  Until it's absolutely outrageous, the FBI, according to their crime statistics, the rate
[16:03.520 --> 16:13.600]  of crime has decreased across the board every year for the last 30 years.
[16:13.600 --> 16:20.240]  The number of policemen have increased dramatically.
[16:20.240 --> 16:24.560]  And the number of people in prison have increased exponentially.
[16:24.560 --> 16:31.760]  The United States is the worst police state the world has ever seen.
[16:31.760 --> 16:39.080]  We have the highest per capita incarceration rate of any nation on planet Earth.
[16:39.080 --> 16:47.320]  We're like 630-something per thousand, Russia is 500-something per thousand, and the next
[16:47.320 --> 16:51.240]  highest is like 300 or 400 per thousand.
[16:51.240 --> 16:56.800]  So Russia and the United States are the worst, and the United States is worse than Russia.
[16:56.800 --> 16:57.800]  We'll be right back.
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[17:46.560 --> 18:00.560]  or email Michael Meyers at yahoo.com to learn how to stop debt collectors now.
[18:00.560 --> 18:04.560]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[18:04.560 --> 18:08.240]  In today's America, we live in a us against them society, and if we, the people, are ever
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[18:12.040 --> 18:15.440]  Among those rights are the right to travel freely from place to place, the right to
[18:15.440 --> 18:19.560]  act in our own private capacity, and most importantly, the right to due process of law.
[18:19.560 --> 18:23.520]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
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[19:24.240 --> 19:39.920]  Okay, we are back.
[19:39.920 --> 19:45.760]  Randy Kelton, Brett Fountain, Rule of Law Radio and it seems our call board is back up.
[19:45.760 --> 19:48.720]  So if you have a question or comment, give us a call.
[19:48.720 --> 19:52.320]  We're going to go to Tina in California.
[19:52.320 --> 19:53.720]  Hello Ms. Tina.
[19:53.720 --> 19:56.000]  What do you have for us today?
[19:56.000 --> 20:02.000]  Well, I have a question based on what you were talking about earlier in the show but
[20:02.000 --> 20:10.200]  first I want to let you know that I just read that we have a new neighbor in Venice Beach,
[20:10.200 --> 20:18.720]  California, a certain Hunter Biden and his family who have apparently renting a $5 million
[20:18.720 --> 20:22.040]  home for $25,000 a month.
[20:22.040 --> 20:28.120]  Probably how he can not afford his child support and he's broken and employed and then he
[20:28.120 --> 20:32.920]  gets a $25,000 a month home on the canals of Venice Beach.
[20:32.920 --> 20:36.520]  Wait, who is this?
[20:36.520 --> 20:38.520]  Hunter Biden.
[20:38.520 --> 20:43.720]  Oh, the famous or infamous.
[20:43.720 --> 20:48.280]  Keep your children as long as possible.
[20:48.280 --> 20:55.640]  Yeah, well I wonder what he's doing here in California trying to escape the scrutiny
[20:55.640 --> 21:02.880]  of New York maybe but I thought it would be interesting for you to know but talking about
[21:02.880 --> 21:13.600]  what you were saying earlier in the show about, you know, your county and not doing the examining
[21:13.600 --> 21:24.760]  trials, would, if you get this through, would that invalidate everything they've done before
[21:24.760 --> 21:34.520]  and will they have to pay damages to people who were incarcerated falsely?
[21:34.520 --> 21:43.640]  And the code, what the law says is that if this order is not filed with the clerk within
[21:43.640 --> 21:52.440]  48 hours after the examining trial, the accused has a right to dismissal.
[21:52.440 --> 22:07.120]  Now, what it doesn't say is if that right expires, so I would, because of the language
[22:07.120 --> 22:11.280]  of the code, I would say absolutely not.
[22:11.280 --> 22:18.520]  It doesn't say you have a right to dismissal before prosecution, before a final determination
[22:18.520 --> 22:20.280]  in the case.
[22:20.280 --> 22:29.680]  I read that as going to subject matter jurisdiction and that's important subject matter jurisdiction
[22:29.680 --> 22:36.000]  because subject matter jurisdiction can be challenged at any time no matter how remote
[22:36.000 --> 22:41.440]  in history so the courts can't come back and say, well you had a right to dismissal
[22:41.440 --> 22:44.000]  but you didn't exercise that right.
[22:44.000 --> 22:47.880]  Look at threshold issue.
[22:47.880 --> 22:52.400]  It's a threshold issue that subject matter jurisdiction is.
[22:52.400 --> 22:57.320]  But right to dismissal, that's, what does that really mean?
[22:57.320 --> 22:59.920]  Do you have a permanent right to dismissal?
[22:59.920 --> 23:06.240]  Do you have a right to dismissal while you're in the trial court?
[23:06.240 --> 23:12.840]  No, there are certain rights that you have that if you don't claim them, it's assumed
[23:12.840 --> 23:14.840]  that you waived them.
[23:14.840 --> 23:22.960]  So, you claim that if you don't exercise them because you don't know you have the right,
[23:22.960 --> 23:27.760]  do they come back because does everybody know that they have these rights?
[23:27.760 --> 23:28.760]  I would say absolutely.
[23:28.760 --> 23:30.760]  I think nobody knows.
[23:30.760 --> 23:31.760]  Yeah.
[23:31.760 --> 23:35.760]  I mean, but they should know it's right there in the code.
[23:35.760 --> 23:42.400]  Well, it's right there in the code if you are taught to read the code and read your
[23:42.400 --> 23:47.520]  right and how many people are taught in high school, college, to...
[23:47.520 --> 23:48.520]  Okay.
[23:48.520 --> 23:55.280]  The courts have been clear that you are expected to know the law.
[23:55.280 --> 23:57.280]  Yeah.
[23:57.280 --> 24:01.400]  You can't come in and say, I was ignorant of the law.
[24:01.400 --> 24:10.640]  And the one I like, the case I like to stress is Scrooge v. U.S. And in there they say while
[24:10.640 --> 24:17.880]  a private citizen cannot claim ignorance of the law as a defense to prosecution, a public
[24:17.880 --> 24:23.320]  official is held to a much higher standard and says the public official must not only
[24:23.320 --> 24:32.120]  know the law, they must know all of the rulings of the court as well.
[24:32.120 --> 24:36.680]  But the takeaway point is everybody has to know the law.
[24:36.680 --> 24:46.680]  If you did not exercise your right, then the courts can presume that you waived it.
[24:46.680 --> 24:55.800]  So my question, the question that arises is who did you waive the right or did you ever
[24:55.800 --> 24:57.960]  waive the right?
[24:57.960 --> 24:59.960]  Right.
[24:59.960 --> 25:08.600]  So is it still sitting there waiting for you to exercise that right?
[25:08.600 --> 25:17.520]  Would that in fact then go to no theories who should know the law and all the rules
[25:17.520 --> 25:20.760]  and what they should do and they don't?
[25:20.760 --> 25:21.760]  Good point.
[25:21.760 --> 25:29.840]  One of the things I have planned is I can't raise the issue with a lawyer that's paid
[25:29.840 --> 25:32.560]  by the client.
[25:32.560 --> 25:40.360]  What the lawyer does or does not do is between the two people who have contractual privity
[25:40.360 --> 25:45.720]  in the relationship and I don't have contractual privity.
[25:45.720 --> 25:48.880]  I'm not harmed by anything the lawyer does.
[25:48.880 --> 25:56.360]  But if the lawyer's court appointed counsel, he's on my clock.
[25:56.360 --> 26:00.800]  He's being paid with my tax dollars I have standing.
[26:00.800 --> 26:08.160]  So every court appointed attorney that did not raise this issue, I'm going to bar grieve
[26:08.160 --> 26:09.160]  him.
[26:09.160 --> 26:16.640]  And that's going to send all these defense counsel berserk.
[26:16.640 --> 26:21.520]  And the best part is, is they're going to say, okay, what can we do to this dirty rotten
[26:21.520 --> 26:24.000]  scoundrel?
[26:24.000 --> 26:33.280]  And whatever they do, they won't find it in the codes because it's not in there.
[26:33.280 --> 26:37.520]  In the codes and in the law, there's nothing they can do to me.
[26:37.520 --> 26:48.320]  If anyone says anything to me that I can in any way take as a threat, that's felony obstruction,
[26:48.320 --> 26:50.520]  felony retaliation.
[26:50.520 --> 26:55.920]  I'm sorry, obstruction and retaliation, same statute.
[26:55.920 --> 27:04.920]  That's felony witness tampering and felony retaliation, 5-3606 Texas Penal Code.
[27:04.920 --> 27:14.400]  So once we start filing, then anybody who would try to interfere with us is dancing
[27:14.400 --> 27:18.080]  around on very thin ice.
[27:18.080 --> 27:28.280]  I think we have a procedure that they don't have any tools to deal with us.
[27:28.280 --> 27:34.520]  And when I build the tool, one of the things I will do is notice all of these people who
[27:34.520 --> 27:40.760]  have been arrested and taken to jail that the arrest and incarceration was illegal.
[27:40.760 --> 27:49.280]  I'll give them a brief on the underlying law and I'll be building a questionnaire that
[27:49.280 --> 27:58.480]  they can fill out and then the system will produce them for them a tort letter and a
[27:58.480 --> 28:02.040]  lawsuit they can file.
[28:02.040 --> 28:08.480]  And also a malpractice suit against their own attorneys.
[28:08.480 --> 28:10.440]  So you guys don't want to follow the law?
[28:10.440 --> 28:14.960]  Yeah, let's see how that works out for you.
[28:14.960 --> 28:20.840]  When the person doesn't have to know anything about law in order to get a suit in the court.
[28:20.840 --> 28:26.840]  Once the lawyer sued, most of the damage is done and all these lawyers have errors and
[28:26.840 --> 28:29.880]  emissions policies.
[28:29.880 --> 28:36.920]  And we had Michael Pines on, he was a lawyer and he was talking about, when a lawyer gets
[28:36.920 --> 28:43.600]  a malpractice suit, the first thing they will do is go to their malpractice carrier and
[28:43.600 --> 28:50.760]  tell them, pay this guy, make a deal, pay him off, get this thing out of the court so
[28:50.760 --> 28:55.400]  it doesn't stain my name.
[28:55.400 --> 28:57.880]  Works for me.
[28:57.880 --> 29:05.160]  So, you know, whenever you go to a lawyer and ask him to sue, first thing the lawyer
[29:05.160 --> 29:12.440]  is going to do is look around for deep pockets, who here's got deep pockets?
[29:12.440 --> 29:16.840]  Well, I'm looking around saying who has deep pockets?
[29:16.840 --> 29:22.560]  Well, most of these lawyers have a million dollars in errors and emissions policies.
[29:22.560 --> 29:26.640]  Yeah, that's a pretty deep pocket.
[29:26.640 --> 29:32.080]  So the lawyer becomes the primary target.
[29:32.080 --> 29:38.080]  If the lawyer then wants his insurance carry to pay me off to get my case out of court
[29:38.080 --> 29:45.080]  so that he's not being badmouthed in the public, that works for me.
[29:45.080 --> 29:46.080]  I get paid.
[29:46.080 --> 29:47.080]  Hang on.
[29:47.080 --> 29:53.880]  Randy Kelton, Brett Fountain, a rule of law radio, I call in number 512-646-1984,
[29:53.880 --> 30:00.880]  we'll be right back.
[30:00.880 --> 30:05.240]  Everyone knows that walking is great exercise, but you might want to know that the way you
[30:05.240 --> 30:07.840]  walk could predict how long you're going to live.
[30:07.840 --> 30:13.000]  I'm Dr. Catherine Albrecht and I'll be back to tell you more about walking prognostication
[30:13.000 --> 30:14.680]  in just a moment.
[30:14.680 --> 30:16.280]  Privacy is under attack.
[30:16.280 --> 30:19.880]  When you give up data about yourself, you'll never get it back again.
[30:19.880 --> 30:24.640]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:24.640 --> 30:29.600]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:29.600 --> 30:32.400]  Privacy, it's worth hanging on to.
[30:32.400 --> 30:36.680]  This public service announcement is brought to you by StartPage.com, the private search
[30:36.680 --> 30:40.200]  engine alternative to Google, Yahoo, and Bing.
[30:40.200 --> 30:43.480]  Start over with StartPage.
[30:43.480 --> 30:47.920]  New research shows how fast you walk could predict how long you're going to live.
[30:47.920 --> 30:52.520]  The Journal of the American Medical Association reports that older adults who walk one meter
[30:52.520 --> 30:55.760]  per second or faster live longer than expected.
[30:55.760 --> 31:00.160]  In case you're wondering, one meter per second is about two and a quarter miles per hour.
[31:00.160 --> 31:04.840]  A senior's age, gender, and walking speed were as good at predicting life expectancy
[31:04.840 --> 31:07.280]  as more traditional statistical measures.
[31:07.280 --> 31:10.480]  Generally speaking, faster walkers live longer.
[31:10.480 --> 31:13.000]  Measuring walking speed is quick and inexpensive.
[31:13.000 --> 31:16.800]  It only takes a stopwatch, some space to walk, and a few minutes.
[31:16.800 --> 31:21.000]  Researchers say it could help doctors identify older patients who need special care.
[31:21.000 --> 31:22.960]  I'm Dr. Catherine Albrecht.
[31:22.960 --> 31:30.400]  More news and information at CatherineAlbrecht.com.
[31:30.400 --> 31:31.400]  I lost my son.
[31:31.400 --> 31:32.400]  My nephew.
[31:32.400 --> 31:33.400]  My uncle.
[31:33.400 --> 31:34.400]  My son.
[31:34.400 --> 31:35.400]  On September 11, 2001.
[31:35.400 --> 31:38.680]  Most people don't know that a third tower fell on September 11.
[31:38.680 --> 31:42.800]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.800 --> 31:48.640]  Although the official explanation is that fire brought down Building 7, over 1,200 architects
[31:48.640 --> 31:52.400]  and engineers have looked into the evidence and believed there is more to the story.
[31:52.400 --> 31:53.840]  Bring justice to my son.
[31:53.840 --> 31:54.840]  My uncle.
[31:54.840 --> 31:55.840]  My nephew.
[31:55.840 --> 31:56.840]  My son.
[31:56.840 --> 31:57.840]  Go to BuildingWhat.org.
[31:57.840 --> 32:01.080]  Why it fell, why it matters, and what you can do.
[32:01.080 --> 32:05.720]  Logos Radio Network welcomes a new show to our lineup for the new year.
[32:05.720 --> 32:11.960]  Scripture Talk with Nana will begin Wednesday, January 8, from 8 to 10 p.m. Central Time.
[32:11.960 --> 32:15.040]  Our goal is in accord with Matthew 516.
[32:15.040 --> 32:20.080]  Let your light so shine before men that they may see your good works and glorify your Father
[32:20.080 --> 32:21.640]  which is in heaven.
[32:21.640 --> 32:26.760]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:26.760 --> 32:32.000]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed
[32:32.000 --> 32:35.120]  to provoke unto love and good works.
[32:35.120 --> 32:39.520]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss
[32:39.520 --> 32:41.280]  one chapter per week.
[32:41.280 --> 32:46.360]  Our topical Bible studies will vary each week and will explore sound doctrine as well as
[32:46.360 --> 32:48.560]  Christian character development.
[32:48.560 --> 32:55.600]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting
[32:55.600 --> 33:02.200]  January 8 for an inspiring and motivating discussion of the Scriptures.
[33:02.200 --> 33:13.720]  Join us live on LogosRadioNetwork.com
[33:32.200 --> 33:50.160]  Let your light so shine before men that they may see your good works and glorify your Father
[33:50.160 --> 34:09.840]  which is in heaven.
[34:09.840 --> 34:10.840]  We are back.
[34:10.840 --> 34:14.920]  Brenda Kelton, Brett Fountain, Rural Law Radio at On The Break.
[34:14.920 --> 34:23.960]  I was talking to Brett about this lawyer with Travis County District Attorney's Office.
[34:23.960 --> 34:27.480]  It sounds like an interesting individual.
[34:27.480 --> 34:35.240]  Have you heard anything about our complaints that are before the grand jury?
[34:35.240 --> 34:36.240]  Tina?
[34:36.240 --> 34:47.640]  All I've heard is I'm going to be talking with the Assistant DA next week and asking
[34:47.640 --> 34:57.880]  him a few questions about how it would work if the second related criminal complaint we
[34:57.880 --> 35:07.280]  filed, how that will get, you know, incorporated and if it will change it.
[35:07.280 --> 35:09.640]  He did say he was very busy this week.
[35:09.640 --> 35:10.640]  It was just unbelievable.
[35:10.640 --> 35:17.640]  So I'm assuming from his, because of his email before that, that he said he wanted to get
[35:17.640 --> 35:23.400]  to know the new grand jury before he presented something this big.
[35:23.400 --> 35:28.000]  Yeah, and I've got a little information on that.
[35:28.000 --> 35:33.440]  I put in a call to the District Attorney's Office because I wanted to pitch this project
[35:33.440 --> 35:43.280]  that I'm working on to the DA and left a message and a sergeant got, a police sergeant called
[35:43.280 --> 35:45.320]  me back and left a message on my phone.
[35:45.320 --> 35:48.400]  I didn't get it for a week.
[35:48.400 --> 35:59.160]  And he indicated that they had just seated the grand jury and that was last week.
[35:59.160 --> 36:03.920]  So they've just finally, that's probably why your guy was so busy because they just got
[36:03.920 --> 36:09.200]  the grand jury seated and he was probably getting all his stuff together and coming
[36:09.200 --> 36:10.200]  up to speed.
[36:10.200 --> 36:15.840]  So it's going to be interesting to see how this one shakes out.
[36:15.840 --> 36:26.480]  So you do have the complaint against the lawyer, is this the lawyer, the very same issue that's
[36:26.480 --> 36:30.440]  against Mnuchin about the forged documents?
[36:30.440 --> 36:45.640]  This, it's related because the complaint against the lawyer who is an agent of Mnuchin who
[36:45.640 --> 36:54.320]  addressed the two Texas notaries who are public officials to violate the law that says they
[36:54.320 --> 37:02.560]  have to produce their notary ledgers and they have not produced them and the attorney told
[37:02.560 --> 37:09.040]  me that they would not produce them because it was improper discovery when it is actually
[37:09.040 --> 37:18.520]  like record and I have just received word from the Texas Notary Commission that I can
[37:18.520 --> 37:25.240]  refile the complaint against the notary that still is a notary because they have no jurisdiction
[37:25.240 --> 37:31.520]  over the one that resigned because as I was told when I talked to them in the last week
[37:31.520 --> 37:39.480]  or two that she should have been made to give me those ledgers when I filed the first complaint
[37:39.480 --> 37:49.920]  and all she was given was an educational reprimand but the person who did that is no longer there.
[37:49.920 --> 37:59.320]  So I've been invited to resubmit that complaint however they did say that because she appears
[37:59.320 --> 38:07.960]  to have destroyed or given away her records to parties that is not entitled to them there
[38:07.960 --> 38:11.840]  is, don't know what they might be able to do.
[38:11.840 --> 38:18.800]  Oh I do, that's tampered with the government document.
[38:18.800 --> 38:26.080]  When a notary stops being a notary they are required by statute to take all of their ledgers
[38:26.080 --> 38:30.080]  and submit them to the county clerk.
[38:30.080 --> 38:31.080]  Correct.
[38:31.080 --> 38:32.080]  Correct.
[38:32.080 --> 38:36.680]  So if they give them to anybody else that's tampered with the government document.
[38:36.680 --> 38:43.760]  Well they gave them to their bosses, their bank, that filed them.
[38:43.760 --> 38:47.600]  So filing over, when you can, tampering.
[38:47.600 --> 38:52.920]  Well now you're assuming that they wrote something in there.
[38:52.920 --> 38:59.520]  They may be just you know saving the paper for later no reason in wasting another tree.
[38:59.520 --> 39:05.520]  Well they should have gave the tree to the clerk.
[39:05.520 --> 39:11.240]  Here's your empty book, I realize there's a whole bunch of stuff that's supposed to
[39:11.240 --> 39:14.040]  be in here and it's not but here's your empty book.
[39:14.040 --> 39:22.360]  Yeah you may have to do a little processing but yeah these are government documents.
[39:22.360 --> 39:27.080]  Those ledgers are government documents that never does belong to the notary, it belongs
[39:27.080 --> 39:32.640]  to the state and when they cease being a notary they're supposed to give them all to the
[39:32.640 --> 39:33.640]  clerk.
[39:33.640 --> 39:39.600]  Most they never do that but then again almost nobody challenges them about it but if they
[39:39.600 --> 39:49.120]  gave them to the bank then Manukin got them in violations of Texas state law and that's
[39:49.120 --> 39:52.400]  another criminal complaint.
[39:52.400 --> 39:59.160]  Oh damn I guess we don't, it's going to be a big disney break.
[39:59.160 --> 40:03.960]  I especially like these kinds of complaints.
[40:03.960 --> 40:09.480]  This is a kind of complaint that will get the grand jury scratching their heads.
[40:09.480 --> 40:15.200]  You know when they get a guy who's doing drugs and the standard stuff that's pretty easy.
[40:15.200 --> 40:21.640]  But if I was on a grand jury I would find this very interesting.
[40:21.640 --> 40:29.120]  When I filed against the nine judges of the Texas Court of Criminal Appeals, the grand
[40:29.120 --> 40:36.760]  jury got my complaint on their first day in office and held it till their last.
[40:36.760 --> 40:45.120]  That told me that they took that complaint seriously and I have no doubt that when this
[40:45.120 --> 40:51.640]  grand jury gets criminal complaints against one of the highest officials in the country
[40:51.640 --> 40:56.240]  that they're going to take this extremely seriously.
[40:56.240 --> 41:03.160]  And the fact that he's, has he been replaced yet?
[41:03.160 --> 41:04.160]  Yes.
[41:04.160 --> 41:13.920]  Okay so he's no longer in office so it makes him that much more vulnerable.
[41:13.920 --> 41:17.560]  They're not talking about indicting the Secretary of the Treasury anymore.
[41:17.560 --> 41:22.600]  Now they're talking about indicting a ordinary citizen.
[41:22.600 --> 41:26.400]  So it makes him a lot more vulnerable.
[41:26.400 --> 41:33.560]  And he's not, he was not pardoned by Trump for anything he might have done.
[41:33.560 --> 41:40.520]  But even if he had been it doesn't affect state cases according to this district.
[41:40.520 --> 41:45.040]  Trump cannot pardon someone from a state violation.
[41:45.040 --> 41:46.040]  No.
[41:46.040 --> 41:55.240]  But it also, the no jury by the way, the one that is still a no jury, she sent me a letter
[41:55.240 --> 42:02.400]  saying that she had, that the bank had the, whether she left them there and she's tried
[42:02.400 --> 42:09.440]  very, very hard to contact her former colleagues at the bank to see if they have them and they
[42:09.440 --> 42:12.440]  couldn't find them.
[42:12.440 --> 42:15.120]  Oh, I wonder why.
[42:15.120 --> 42:17.720]  Oh, life is tough.
[42:17.720 --> 42:23.080]  They couldn't find them and you're going to buy that story.
[42:23.080 --> 42:24.080]  Mm-hmm.
[42:24.080 --> 42:27.080]  Sure I am.
[42:27.080 --> 42:28.760]  Yeah.
[42:28.760 --> 42:37.040]  So the one thing I have found is that while judges and prosecutors tend to protect one
[42:37.040 --> 42:42.520]  another in public officials, as a rule, tend to protect one another, these quasi-public
[42:42.520 --> 42:51.640]  officials, court reporters, notaries, the courts really don't think much of notaries.
[42:51.640 --> 42:58.000]  As they consider them pretend public officials, they're not protected at all and the state
[42:58.000 --> 43:00.440]  will wind their clocks.
[43:00.440 --> 43:12.120]  We had an issue with a court reporter who didn't show up for a hearing and filed a criminal
[43:12.120 --> 43:22.520]  complaint with the Secretary of State against her and the Secretary of State offered sanctions
[43:22.520 --> 43:27.360]  against her and she didn't like the sanctions, then she would have to go to Austin from Fort
[43:27.360 --> 43:33.800]  Worth, appear in court, and be tried criminally.
[43:33.800 --> 43:40.000]  So we got the court reporter claiming that the prosecuting attorney told her not to show
[43:40.000 --> 43:43.960]  up and the prosecuting attorney, no we didn't, no we didn't.
[43:43.960 --> 43:50.800]  So we got them trying to throw each other under the bus and that was wonderful.
[43:50.800 --> 43:57.400]  Hang on, go on to our sponsors, Randy Kelton, Brett Fountain, Wheel of Law Radio, we'll
[43:57.400 --> 44:00.560]  be right back.
[44:00.560 --> 44:06.600]  Through advances in technology our lives have greatly improved, except in the area of nutrition.
[44:06.600 --> 44:11.320]  People feed their pets better than they feed themselves and it's time we changed all that.
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[44:25.800 --> 44:31.560]  Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject.
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[45:00.080 --> 45:04.200]  Are you the plaintiff or defendant in a lawsuit?
[45:04.200 --> 45:09.720]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, four
[45:09.720 --> 45:14.720]  CD course that will show you how in 24 hours, step by step.
[45:14.720 --> 45:18.720]  If you have a lawyer, know what your lawyer should be doing.
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[45:38.720 --> 45:42.720]  principles and practices that control our American courts.
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[45:56.720 --> 46:24.720]  It's toll-free, 866-LAW-E-Z.
[46:24.720 --> 46:29.720]  Always, I must be careful what I'm wishing for.
[46:29.720 --> 46:34.720]  When I'm hungry, I like to know just what I'm wishing for.
[46:34.720 --> 46:40.720]  I ain't asking for much, I ain't trying to be no-blood.
[46:40.720 --> 46:46.720]  I'm just here making my living, pushing buttons.
[46:46.720 --> 46:52.720]  I get my message, I do anything, wanting to shout in distance.
[46:52.720 --> 46:57.720]  I vote for bravery, and the guest slave is showing resistance.
[46:57.720 --> 47:01.720]  First I'm rolling, then I'm walking, then I'm...
[47:01.720 --> 47:03.720]  Okay, we are back.
[47:03.720 --> 47:11.720]  Randy Kelton, Brett Fountain, rule of law radio, and we're talking to Tina in California.
[47:11.720 --> 47:14.720]  Okay, uh...
[47:14.720 --> 47:19.720]  Where we at on your appeal?
[47:19.720 --> 47:23.720]  Oh, I can hear you better if I unmute you.
[47:23.720 --> 47:27.720]  There you go.
[47:27.720 --> 47:33.720]  Tina, are you there?
[47:33.720 --> 47:38.720]  Okay.
[47:38.720 --> 47:40.720]  Can you hear me?
[47:40.720 --> 47:42.720]  Yeah, I know we can hear you.
[47:42.720 --> 47:44.720]  Ah, there you go.
[47:44.720 --> 47:46.720]  We stand for...
[47:46.720 --> 47:50.720]  We're still got a little bit of work to do, but we're ready to do that.
[47:50.720 --> 47:59.720]  And I've been working on the complaint against the attorney to go in right before I file the appeal.
[47:59.720 --> 48:05.720]  And I'm going to file against the attorney on his law firm.
[48:05.720 --> 48:10.720]  And then we've already got the criminal complaining with Texas against him.
[48:10.720 --> 48:17.720]  And then I'm thinking of doing the lawsuit against him in Texas,
[48:17.720 --> 48:22.720]  and combining it with a lawsuit against him and the nodar is that he could worst to violate the law,
[48:22.720 --> 48:28.720]  because as you just mentioned when you were talking a few minutes ago,
[48:28.720 --> 48:34.720]  attorneys and none of us are exempt from knowing the law.
[48:34.720 --> 48:41.720]  So an attorney should absolutely not be exempt from knowing the law
[48:41.720 --> 48:46.720]  or their business and professional rules of communication, correct?
[48:46.720 --> 48:47.720]  Correct.
[48:47.720 --> 48:49.720]  To explain the law.
[48:49.720 --> 48:53.720]  They have no excuse whatsoever.
[48:53.720 --> 48:58.720]  Brett, you have been working on that lately.
[48:58.720 --> 49:04.720]  You should know the law.
[49:04.720 --> 49:09.720]  Yeah, but will you tell us about the law firm you're hammering at the moment?
[49:09.720 --> 49:22.720]  Well, we had an attorney brought, this poor sweet old lady who's about to lose her home to foreclosure.
[49:22.720 --> 49:31.720]  The petition was brought to the court and there's some things wrong with it.
[49:31.720 --> 49:35.720]  Obviously with the foreclosure, you know a lot more about this Randy than I do,
[49:35.720 --> 49:40.720]  but there are problems with the foreclosure,
[49:40.720 --> 49:44.720]  the problems with the fraud involved,
[49:44.720 --> 49:51.720]  the documents that are supposed to be in the record and they're not and so forth.
[49:51.720 --> 50:01.720]  So I prepared a response best I could and they wouldn't file it.
[50:01.720 --> 50:04.720]  The clerk would not file the response.
[50:04.720 --> 50:06.720]  Of course, I knew they weren't going to file it.
[50:06.720 --> 50:10.720]  They don't like to file things via email or via fax.
[50:10.720 --> 50:16.720]  They would much rather just tell the poor pro say, get out of here.
[50:16.720 --> 50:18.720]  You can't do that.
[50:18.720 --> 50:24.720]  You're going to have to do certified mail or come in and do hand delivery.
[50:24.720 --> 50:29.720]  And this lady's telling me, but I can't, I've just gotten a car wreck.
[50:29.720 --> 50:31.720]  I don't have a way to get over there.
[50:31.720 --> 50:34.720]  And even if I could, I can't pay the parking meters.
[50:34.720 --> 50:35.720]  I'm broke.
[50:35.720 --> 50:37.720]  So I said, don't worry about it.
[50:37.720 --> 50:42.720]  We went ahead and threw one in the mail, but I didn't tell the clerk this.
[50:42.720 --> 50:49.720]  I'm arguing with the clerk via email, just, you know, stirring them up.
[50:49.720 --> 50:52.720]  So what do you mean you're not going to receive this via fax?
[50:52.720 --> 50:55.720]  The rules say that you have to receive it via fax.
[50:55.720 --> 50:59.720]  And the rules say email is a valid service method.
[50:59.720 --> 51:03.720]  Well, it does say that, but they got their own rules.
[51:03.720 --> 51:08.720]  They follow whatever they want instead of what the rule says from the Texas Supreme Court.
[51:08.720 --> 51:14.720]  So after a couple of these backing for us, I roped in the petitioning attorney,
[51:14.720 --> 51:16.720]  the attorney who's attacking the lady.
[51:16.720 --> 51:19.720]  And I said, you're an attorney.
[51:19.720 --> 51:21.720]  Go correct that clerk.
[51:21.720 --> 51:28.720]  She's the clerk over here is a prejudicing this poor, sweet old lady.
[51:28.720 --> 51:33.720]  And you've got as an attorney, you've got a responsibility.
[51:33.720 --> 51:39.720]  Your duty is to follow your own rules, which includes correcting that false statement
[51:39.720 --> 51:41.720]  of material fact and material law.
[51:41.720 --> 51:45.720]  Go fix it.
[51:45.720 --> 51:47.720]  Of course, the attorney didn't want to fix that.
[51:47.720 --> 51:52.720]  That would be a, well, she just likes it just fine that the response to her petition
[51:52.720 --> 51:54.720]  doesn't actually get filed.
[51:54.720 --> 51:55.720]  That's great.
[51:55.720 --> 51:58.720]  Probably her petition gets granted quickly and quietly.
[51:58.720 --> 52:04.720]  She doesn't want to see that response go into the record, right?
[52:04.720 --> 52:13.720]  Well, next thing I did is I reached out to the attorney's boss and I said, hey,
[52:13.720 --> 52:16.720]  one of your underlings is over here committing a crime.
[52:16.720 --> 52:18.720]  You need to go deal with that.
[52:18.720 --> 52:26.720]  And your underlings also violating this rule of the Texas Disciplinary Rules of Professional Conduct.
[52:26.720 --> 52:28.720]  You need to go see about that.
[52:28.720 --> 52:32.720]  You can't have people in your law firm going and doing that.
[52:32.720 --> 52:37.720]  And then it has already gone to, it's gone on from there.
[52:37.720 --> 52:42.720]  It's gone to six of the partners, all six partners of the law firm.
[52:42.720 --> 52:51.720]  And it's grafting one right now to take to the district judge because a judge has a similar responsibility.
[52:51.720 --> 53:02.720]  When somebody is violating a rule, they have in their own duties the responsibility to go deal with that.
[53:02.720 --> 53:06.720]  Take appropriate action, it says.
[53:06.720 --> 53:12.720]  So that's how that's ballooning out of control for them.
[53:12.720 --> 53:21.720]  So only there's one really minor issue that the law firm had apparently had nothing to do with.
[53:21.720 --> 53:25.720]  Now all of a sudden you've got the sky coming in on all of them.
[53:25.720 --> 53:35.720]  The only way they could have really addressed that and kept themselves safe in the first place would be if the first attorney had said, oh my, oh yes,
[53:35.720 --> 53:44.720]  the rule does say that email and fax are legit service methods and just fire off a quick email from that attorney to the clerk to say, oh look, he's right.
[53:44.720 --> 53:45.720]  It does say that.
[53:45.720 --> 53:49.720]  Go ahead and file it.
[53:49.720 --> 53:51.720]  He would all be safe.
[53:51.720 --> 53:52.720]  Yep.
[53:52.720 --> 54:02.720]  You do know in certain courts that they allow proceeds to have dropbox filing privileges.
[54:02.720 --> 54:06.720]  I don't know if it's just bankruptcy court or the other courts as well.
[54:06.720 --> 54:15.720]  But I know in bankruptcy court, you can apply for these dropbox privileges as opposed to saying you have to fill in forms, answer questions.
[54:15.720 --> 54:17.720]  Then they either grant it you or not.
[54:17.720 --> 54:21.720]  Most of the time they will grant it to you except in my bankruptcy.
[54:21.720 --> 54:34.720]  The open case they won't because the attorney from 60 years ago is still on record as the attorney and she until just recently refused to assign the substitution of attorney.
[54:34.720 --> 54:42.720]  But in other cases, you can use a company called true filing.
[54:42.720 --> 54:45.720]  It does cost each time you do it.
[54:45.720 --> 54:48.720]  It's like $7 or something like that.
[54:48.720 --> 54:58.720]  But they will actually, and for a little extra, they will serve the court and the other side, anything that needs to be served.
[54:58.720 --> 55:01.720]  And it's called truefiling.com.
[55:01.720 --> 55:07.720]  And they cannot refuse to accept anything from this company.
[55:07.720 --> 55:10.720]  So you just have to sign up for that.
[55:10.720 --> 55:12.720]  And you could sign up for this lady.
[55:12.720 --> 55:20.720]  If she can't afford the fee, I mean it is, as I say, it's like $7 or $8 depending on what you're filing.
[55:20.720 --> 55:26.720]  You can drop that into truefiling and they will do everything for you.
[55:26.720 --> 55:31.720]  Finally, on the side, you have the court, serve everything.
[55:31.720 --> 55:36.720]  That sounds cool, but then we wouldn't have all of this excitement.
[55:36.720 --> 55:43.720]  Well, that's true and the assignment is good, but you could maybe do that at the same time and then telling them,
[55:43.720 --> 55:47.720]  but hey, you know, you've got to do this and you'd better know the law.
[55:47.720 --> 55:54.720]  But in the meantime, you can just like flip it into truefiling so that, you know, you get in both sides.
[55:54.720 --> 55:55.720]  Yes.
[55:55.720 --> 55:56.720]  And that's effectively what I did.
[55:56.720 --> 56:04.720]  Maybe I forgot to mention, but I sent on the same day, Monday, January 25th.
[56:04.720 --> 56:07.720]  I helped her to send it in in three different ways.
[56:07.720 --> 56:11.720]  Email, fax, and dropped it in the blue postal mailbox.
[56:11.720 --> 56:19.720]  So it went all three ways, but the slow way, you know, it took four days for them to get it and they finally filed it when it came in through the mail.
[56:19.720 --> 56:29.720]  Meanwhile, they've already caused themselves a world of hurt by offering unsolicited legal advice, bad legal advice,
[56:29.720 --> 56:35.720]  and complaining and saying things are not deemed filed and putting words in the mouth of the Texas Supreme Court,
[56:35.720 --> 56:40.720]  saying it's prohibited when actually the Texas Supreme Court said the opposite.
[56:40.720 --> 56:48.720]  And, you know, I had to ask them for all the records or memos or emails or written policies in support of their position.
[56:48.720 --> 56:51.720]  No risk records are responsive to your request.
[56:51.720 --> 56:54.720]  Whoops.
[56:54.720 --> 56:57.720]  You need to put a tissue on your back now.
[56:57.720 --> 56:59.720]  I've got what?
[56:59.720 --> 57:01.720]  You've got a target on your back.
[57:01.720 --> 57:04.720]  They're not going to like you.
[57:04.720 --> 57:07.720]  Remy says they're not going to send me any Christmas cards.
[57:07.720 --> 57:09.720]  Yeah, yeah, I warned him about that.
[57:09.720 --> 57:11.720]  Everything has consequences.
[57:11.720 --> 57:13.720]  I better watch out.
[57:13.720 --> 57:16.720]  They might even send me a fruitcake.
[57:16.720 --> 57:21.720]  Oh, hey, if it's a British fruitcake, it's okay because we have good fruitcakes.
[57:21.720 --> 57:26.720]  If it's American, it's okay.
[57:26.720 --> 57:31.720]  Yeah, this e-filing, electronic filing is becoming increasingly common.
[57:31.720 --> 57:43.720]  And, you know, it's to the point where it's already required for, in Texas, it's required for attorneys to do e-filing in most situations.
[57:43.720 --> 57:45.720]  There are some exceptions.
[57:45.720 --> 57:56.720]  But the fact remains, a clerk has no discretion to make that legal determination of does this apply, does that apply.
[57:56.720 --> 58:05.720]  And the Texas Supreme Court was also clear saying that an unrepresented party is not required to e-file.
[58:05.720 --> 58:08.720]  They were just straight up clear about that.
[58:08.720 --> 58:13.720]  But they don't get a lot of unrepresented people filing things, so they don't see this all the time.
[58:13.720 --> 58:17.720]  This is not in their norm.
[58:17.720 --> 58:21.720]  So that's the kind of excitement we get to have.
[58:21.720 --> 58:29.720]  Meanwhile, at the same time, the postal service is slowly delivering the other one that is going to get filed.
[58:29.720 --> 58:32.720]  Well, yeah.
[58:32.720 --> 58:37.720]  Well, we're just about to go to our sponsors.
[58:37.720 --> 58:41.720]  Randy, you want to give out the call number?
[58:41.720 --> 58:43.720]  Did you forget what it was?
[58:43.720 --> 58:47.720]  It's 512-646-1984.
[58:47.720 --> 59:16.720]  We'll be right back.
[59:17.720 --> 59:27.720]  Chapter by Chapter, Basic Elements of the Christian Life, clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:27.720 --> 59:40.720]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll-free at 888-551-0102.
[59:40.720 --> 59:51.720]  Or visit us online at bfa.org.
[59:51.720 --> 59:59.720]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[59:59.720 --> 01:00:05.720]  The following news flash is brought to you by The Low Star Lowdown.
[01:00:05.720 --> 01:00:20.720]  Markets for Monday the 22nd of July 2019, open with precious metals, gold at $1,429.00, silver $16.45.00, copper $2.75.00, oil, Texas crude $55.63 of barrel,
[01:00:20.720 --> 01:00:36.720]  Brent crude $62.47 of barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31,
[01:00:36.720 --> 01:00:45.720]  and Bitcoin Cash is at $324.10 of crypto coin.
[01:00:45.720 --> 01:00:56.720]  Today in history, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade,
[01:00:56.720 --> 01:00:59.720]  killing 10 and entering 40.
[01:00:59.720 --> 01:01:04.720]  Today in history.
[01:01:04.720 --> 01:01:16.720]  In recent news, since Governor Greg Abbott signed House Bill 1325, legalizing Hempett attacks his law back in June, county prosecutors around the state, including Houston, Austin, San Antonio, have been dropping marijuana possession charges,
[01:01:16.720 --> 01:01:24.720]  and even refusing to file new ones, since they are stipulating that they do not have the time or the laboratory equipment to test the herb for THC.
[01:01:24.720 --> 01:01:33.720]  Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:33.720 --> 01:01:42.720]  After Abbott and other state officials, including the Attorney General, stipulated in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas,
[01:01:42.720 --> 01:01:52.720]  and that these actions demonstrate a misunderstanding of how HB 1325 works, as well as other cities, too, like the district attorney in El Paso.
[01:01:52.720 --> 01:02:01.720]  Kyma Esparza, a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.720 --> 01:02:08.720]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote,
[01:02:08.720 --> 01:02:22.720]  the law is constantly changing on what makes something illegal based on its chemical makeup. It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:22.720 --> 01:02:38.720]  The paper by Tulane University identified a 5.5-inch American pocket shark. As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:38.720 --> 01:02:53.720]  According to the university paper, the shark secretes a lumus fluid from a gland near its front fins for the purpose it is hypothesized to lure and prey who may be drawn into the glow.
[01:02:53.720 --> 01:03:08.720]  This is Ruth Rody with your lowdown for July 22, 2019.
[01:03:23.720 --> 01:03:47.720]  Okay, we are back for Andy Kelton, Brett Fountain, Ruth of Law Radio, and we're talking to Tina in California.
[01:03:47.720 --> 01:04:03.720]  Okay, Tina, you know, I'm listening to what Brett is doing and he's taking this, you know, he's taking a somewhat different approach on going after public officials than I had.
[01:04:03.720 --> 01:04:22.720]  I would go in and set them up. He's letting them set themselves up but on really seemingly minor issues. So when he hammers them with it, they simply do not see this coming.
[01:04:22.720 --> 01:04:35.720]  And I've talked about this in the past about we like to take them on on the minor issues because, you know, they don't see that coming and they feel like they've been set up.
[01:04:35.720 --> 01:04:55.720]  And if he can hammer us this bad on something this minor, what's going to happen if we misside a case or misinterpret a law? This guy's going to cream us.
[01:04:55.720 --> 01:05:01.720]  So I think we all could take a lesson from that.
[01:05:01.720 --> 01:05:07.720]  And Tina, you would have more opportunity to beat these up than you could get to.
[01:05:07.720 --> 01:05:10.720]  I'm sorry, beat these guys up.
[01:05:10.720 --> 01:05:21.720]  Well, I think you came up with something when you were looking at the bank's response to my appeal on the declaratory judgment.
[01:05:21.720 --> 01:05:36.720]  And you looked at the case law and saw something that I did not see because I don't have the experience where they are actually misquoting what that case says.
[01:05:36.720 --> 01:05:42.720]  Well, I caught that because I was looking for that.
[01:05:42.720 --> 01:05:51.720]  Every time the other side cites a case, you want to go look at it because it is so often that they misquote the case.
[01:05:51.720 --> 01:05:57.720]  One of my favorite examples of this is a guy named Ben Drum.
[01:05:57.720 --> 01:06:06.720]  He had an IRS lien against this property and he's trying to get rid of it.
[01:06:06.720 --> 01:06:15.720]  And the IRS lawyers sent a document to him that was a motion or pleading.
[01:06:15.720 --> 01:06:19.720]  I think it was a response to one of his motions or pleadings.
[01:06:19.720 --> 01:06:28.720]  And they had two sites in two different cases that were exactly what they needed.
[01:06:28.720 --> 01:06:43.720]  And we were working with Ken Magnuson and he contacted us in complaining about how he thought he was pretty well toast because these cases were dead on.
[01:06:43.720 --> 01:06:49.720]  Ken told him, read the case sightings.
[01:06:49.720 --> 01:06:51.720]  Don't just accept what the lawyer said.
[01:06:51.720 --> 01:06:53.720]  He called us back the next day.
[01:06:53.720 --> 01:06:56.720]  He couldn't stop laughing.
[01:06:56.720 --> 01:07:07.720]  The lawyers had looked at the head notes and they found this statement that fit their purpose exactly in the head notes and they quoted it.
[01:07:07.720 --> 01:07:10.720]  They didn't read the case.
[01:07:10.720 --> 01:07:17.720]  What the case said is this is what the law used to be.
[01:07:17.720 --> 01:07:19.720]  But we don't do it this way anymore.
[01:07:19.720 --> 01:07:21.720]  They changed it.
[01:07:21.720 --> 01:07:29.720]  Both of these cases were distinguished the law as it applied to the issue.
[01:07:29.720 --> 01:07:33.720]  So they stated how it used to be and it's not that way anymore.
[01:07:33.720 --> 01:07:40.720]  The way they stated it fit what Ben needed exactly.
[01:07:40.720 --> 01:07:44.720]  He used their cases against them.
[01:07:44.720 --> 01:07:52.720]  When he went into court, it's almost impossible to get a judge to throw out an IRS lien.
[01:07:52.720 --> 01:08:02.720]  When the district judge saw what they had done, the judge was furious and threw out their lien.
[01:08:02.720 --> 01:08:04.720]  He was removed from the case.
[01:08:04.720 --> 01:08:05.720]  They put another judge in.
[01:08:05.720 --> 01:08:07.720]  The judge put the lien back.
[01:08:07.720 --> 01:08:10.720]  It took him about six months.
[01:08:10.720 --> 01:08:23.720]  But the judge was so upset at the lawyers for misquoting law to him that he did that just to what Harmon Taylor would say, cut a button off their shirts.
[01:08:23.720 --> 01:08:26.720]  So always read their case law.
[01:08:26.720 --> 01:08:31.720]  And the reason I found that wasn't because I was so astute.
[01:08:31.720 --> 01:08:35.720]  It's because I knew to look for it.
[01:08:35.720 --> 01:08:40.720]  But how did you know what to look for?
[01:08:40.720 --> 01:08:50.720]  The problem with a lot of us proceeds who haven't spent 30 years doing this like you and I don't know how many years Brett has been doing this.
[01:08:50.720 --> 01:08:57.720]  But it's very intimidating and it's very overwhelming to read the legalese.
[01:08:57.720 --> 01:09:06.720]  So how do you focus in on what their quoting is the law and what might not be?
[01:09:06.720 --> 01:09:08.720]  Can you give us tips for that?
[01:09:08.720 --> 01:09:11.720]  That is a great question.
[01:09:11.720 --> 01:09:14.720]  And here's how I did it.
[01:09:14.720 --> 01:09:17.720]  I took their quotation.
[01:09:17.720 --> 01:09:21.720]  I took the citation first and I looked it up on the internet.
[01:09:21.720 --> 01:09:32.720]  And then I took their quotation and took I look in it for a phrase that would be unique to this particular issue.
[01:09:32.720 --> 01:09:44.720]  And either a word or a phrase and I drop it in and I do a search for that word or phrase so I can find where this citation occurs in the case.
[01:09:44.720 --> 01:09:52.720]  And on yours on this one, half of them, I didn't find it in the case at all.
[01:09:52.720 --> 01:09:59.720]  So then I had to go look in the case to see where they got this information and two or three of them.
[01:09:59.720 --> 01:10:04.720]  They were whatever they were citing wasn't in the case.
[01:10:04.720 --> 01:10:23.720]  But then once you find their citation, then you go back above it and below it, read the lead in and lead the outro out of it and see what the case really says about the citation that they used.
[01:10:23.720 --> 01:10:31.720]  And when you read the whole, you don't have to read the whole case, just the portions around their citation and that will put it into context.
[01:10:31.720 --> 01:10:40.720]  You'll notice in the first I took your document and everywhere they had a case citation.
[01:10:40.720 --> 01:10:50.720]  I looked up the citation and quoted the whole citation in the document just for a note for you to look at so you could see what was above and what below it.
[01:10:50.720 --> 01:10:52.720]  You could read the whole thing.
[01:10:52.720 --> 01:10:56.720]  It makes the citations make sense.
[01:10:56.720 --> 01:10:59.720]  And if there's a problem with it, it's glaring.
[01:10:59.720 --> 01:11:01.720]  I'm south at you.
[01:11:01.720 --> 01:11:16.720]  So if any of you are doing legal research and you get or you're doing a case and you get a case law from another from the lawyer on the other side, for the most part, lawyers just throw case law in there.
[01:11:16.720 --> 01:11:20.720]  For the most they didn't consider that the judges, they don't look up these cases.
[01:11:20.720 --> 01:11:23.720]  They don't have time to mess with all that.
[01:11:23.720 --> 01:11:34.720]  What I like to do is when I have a citation like I'm reading one case and they cite another case.
[01:11:34.720 --> 01:11:38.720]  I want to go to that case to the case that's cited.
[01:11:38.720 --> 01:11:52.720]  And often I find a better quotation, you know, okay, you're doing legal research and you got this quotation out of a case or this statement.
[01:11:52.720 --> 01:11:58.720]  And at the end of it, you've got three or four different cases.
[01:11:58.720 --> 01:12:03.720]  You don't know which case that quotation came out of.
[01:12:03.720 --> 01:12:09.720]  And you really don't know how each of these cases treats the issue.
[01:12:09.720 --> 01:12:13.720]  And for the most part, these lawyers that put that in there don't either.
[01:12:13.720 --> 01:12:23.720]  They go into Lexis or Westlaw and they find the case and Lexis or Westlaw will cite several cases that are near point.
[01:12:23.720 --> 01:12:26.720]  And so these guys are just stick them in there.
[01:12:26.720 --> 01:12:40.720]  If you can find a case that's miscited, the thing that will get a lawyer sanctioned quicker than anything is citing bad case law.
[01:12:40.720 --> 01:12:43.720]  They are learned counsel.
[01:12:43.720 --> 01:12:48.720]  Now you're just an ignorant old pro say you screw that up all you want to.
[01:12:48.720 --> 01:12:51.720]  But these lawyers are learned counsel.
[01:12:51.720 --> 01:12:54.720]  They can't make those mistakes.
[01:12:54.720 --> 01:13:00.720]  So then when I put my own quotations in there, I'll cite the case.
[01:13:00.720 --> 01:13:04.720]  I'll state what it says.
[01:13:04.720 --> 01:13:17.720]  And I'll say this case states this as follows, colon, and then I'll quote the citation in the document.
[01:13:17.720 --> 01:13:26.720]  But I put it in quotes, so it's margin to shrunk both sides is single space and italics.
[01:13:26.720 --> 01:13:31.720]  So that the judge in reading my reference to this case.
[01:13:31.720 --> 01:13:34.720]  And reference an issue in the case.
[01:13:34.720 --> 01:13:39.720]  He may know what the reference goes to and he may not.
[01:13:39.720 --> 01:13:47.720]  If he knows, then right below my citation, he sees what I'm referencing in quotation.
[01:13:47.720 --> 01:13:51.720]  If he knows what it says, he doesn't have to read it.
[01:13:51.720 --> 01:13:56.720]  But he knows exactly where my quotation starts and exactly where it ends.
[01:13:56.720 --> 01:14:03.720]  He can just, if he knows it, he just jump right over it, keep going, he doesn't drop out of mental flow.
[01:14:03.720 --> 01:14:13.720]  And he doesn't have to have a question as to whether or not my citing is on point.
[01:14:13.720 --> 01:14:20.720]  Primarily I do this to maintain mental flow, but it also gives you credibility.
[01:14:20.720 --> 01:14:25.720]  Makes it easy for the judge to cross check your citations.
[01:14:25.720 --> 01:14:28.720]  Does that make sense to you?
[01:14:28.720 --> 01:14:30.720]  It makes a lot of sense.
[01:14:30.720 --> 01:14:40.720]  And hopefully you can help me put some of that into my response to their appeal to show the judge how much they do this.
[01:14:40.720 --> 01:14:48.720]  But I think what would really help all of your listeners is for you to put what you've just said and say,
[01:14:48.720 --> 01:14:58.720]  just because you've got, you know, my case is to take one of what they've hold in my case or any case that you have
[01:14:58.720 --> 01:15:10.720]  and explain, say, this is what the other side cited and this is why it is wrong and this is what it should be saying.
[01:15:10.720 --> 01:15:21.720]  You know, because that's a concrete example for us proceeds to understand because I've been listening to you and Brett for a long time
[01:15:21.720 --> 01:15:33.720]  and getting what you're saying, but seeing an actual example and you saying, in this case, you know, attorneys quoted this case as, you know,
[01:15:33.720 --> 01:15:42.720]  ruling or whatever, but in actual fact what it really says is this and it's opposite to what the case cite.
[01:15:42.720 --> 01:15:46.720]  This is what you would say in your response.
[01:15:46.720 --> 01:15:57.720]  And I think that would be an astounding lesson for all of us to hear because it's a real factual example.
[01:15:57.720 --> 01:16:03.720]  And you can use this case to anything that you know.
[01:16:03.720 --> 01:16:10.720]  I'll be working on some of your, you just sent me a document today.
[01:16:10.720 --> 01:16:16.720]  I'll look at that and see if I can find a good example and present it next week.
[01:16:16.720 --> 01:16:19.720]  Yeah, because these are the kind of things that help us.
[01:16:19.720 --> 01:16:34.720]  I don't know what listening to this and have an example that you cite, but a real example is what's truly helpful to people like us to learn how to read these things.
[01:16:34.720 --> 01:16:36.720]  You're running it up the cliff.
[01:16:36.720 --> 01:16:39.720]  It's all your fault.
[01:16:39.720 --> 01:16:42.720]  Tina, you're running this off the cliff.
[01:16:42.720 --> 01:16:49.720]  Andy Kelton, Brett Fountain, Rudola Radio, I call in number 512-646-1984.
[01:16:49.720 --> 01:16:52.720]  I had Chris on, but I think I just lost him.
[01:16:52.720 --> 01:16:54.720]  Chris, if you dropped off, call back.
[01:16:54.720 --> 01:16:56.720]  We'll be picking you up pretty soon.
[01:16:56.720 --> 01:16:59.720]  We'll be right back.
[01:16:59.720 --> 01:17:04.720]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:17:49.720 --> 01:17:59.720]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
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[01:19:59.720 --> 01:20:01.720]  Okay, we are back.
[01:20:01.720 --> 01:20:06.720]  Randy Kelton, Brett Fountain, Wheel of Law Radio, and we're talking to Tina in California.
[01:20:06.720 --> 01:20:22.720]  And on the break, I was telling Brett about the response that helped you write to this answer to the response brief from the respondent in this case.
[01:20:22.720 --> 01:20:30.720]  Brett, Tina filed a petition for declaratory judgment, so in a petition for declaratory judgment, she's the petitioner.
[01:20:30.720 --> 01:20:33.720]  The other side is the respondent.
[01:20:33.720 --> 01:20:45.720]  And it was important that we state it this way because the lawyers want to turn it into a complaint or a petition.
[01:20:45.720 --> 01:20:48.720]  I'm sorry, to a complaint and not a petition.
[01:20:48.720 --> 01:20:53.720]  In a complaint, there is a plaintiff and a defendant.
[01:20:53.720 --> 01:20:58.720]  In a petition for declaratory judgment, there is a petitioner and a respondent.
[01:20:58.720 --> 01:21:05.720]  There's not a defendant because you're not making a claim against anyone, so there's nothing for them to defend.
[01:21:05.720 --> 01:21:14.720]  You're asking the court to determine the rights of the parties.
[01:21:14.720 --> 01:21:23.720]  So you petition the court to rule on the rights of the parties, and the other side responds to your petition.
[01:21:23.720 --> 01:21:30.720]  So the respondent responded with a whole bunch of stuff about Res Judicata.
[01:21:30.720 --> 01:21:31.720]  She filed all these suits.
[01:21:31.720 --> 01:21:34.720]  She's ruled against on this, ruled against on that, ruled against on that.
[01:21:34.720 --> 01:21:37.720]  All of that's Res Judicata.
[01:21:37.720 --> 01:22:04.720]  But there never was a ruling on whether or not 2941 California statute that required the lender on satisfaction of the mortgage to return the original note to the borrower.
[01:22:04.720 --> 01:22:10.720]  It was pretty clear in the code that's precisely what it ordered them to do.
[01:22:10.720 --> 01:22:14.720]  And there have been cases where people have been foreclosed on.
[01:22:14.720 --> 01:22:21.720]  And then they had someone else come back to foreclose on them again.
[01:22:21.720 --> 01:22:28.720]  Because this party claims they're the one that holds the note, and the first party claimed they hold the note.
[01:22:28.720 --> 01:22:30.720]  Okay, who holds the note?
[01:22:30.720 --> 01:22:33.720]  Who holds the right to be paid?
[01:22:33.720 --> 01:22:40.720]  So the only person who can foreclose is the one that holds the promise to pay.
[01:22:40.720 --> 01:22:54.720]  So instead of referring to the note or the debt obligation in those terms, I referred to it as a promise to pay.
[01:22:54.720 --> 01:23:02.720]  And this is when you write your document, and then you go back and write it again.
[01:23:02.720 --> 01:23:06.720]  I wrote the response, and then I went back and wrote it again.
[01:23:06.720 --> 01:23:13.720]  The reason I changed what I call things because of the last paragraph.
[01:23:13.720 --> 01:23:30.720]  The lawyer in this case, she's in a foreclosure case, and she asks the lawyer, the foreclosing entity, I'm sorry, she sued for wrongful foreclosures.
[01:23:30.720 --> 01:23:32.720]  Is that correct, Tina?
[01:23:32.720 --> 01:23:34.720]  Correct, yes, I did.
[01:23:34.720 --> 01:23:43.720]  And we lost my place.
[01:23:43.720 --> 01:23:46.720]  Okay, I got it. She sued for wrongful foreclosure.
[01:23:46.720 --> 01:23:58.720]  And she asked the defendant to prove upstanding by producing the note and show that you hold the promise to pay.
[01:23:58.720 --> 01:24:08.720]  And he claimed what, Tina, that was wrongful discovery, that she could only ask for that after the mortgage was satisfied.
[01:24:08.720 --> 01:24:13.720]  And she said, okay, point well taken.
[01:24:13.720 --> 01:24:17.720]  So she stopped addressing the issue of standing.
[01:24:17.720 --> 01:24:23.720]  And subsequently, the case was ruled against her.
[01:24:23.720 --> 01:24:33.720]  But before she stopped that, he promised in writing to produce that document after the foreclosure.
[01:24:33.720 --> 01:24:39.720]  So she said, okay, after the foreclosure, he didn't produce the document.
[01:24:39.720 --> 01:24:48.720]  The 2941 specifically commands the lender to produce the document once the mortgage is satisfied.
[01:24:48.720 --> 01:24:51.720]  And it was satisfied by foreclosure, and he didn't produce it.
[01:24:51.720 --> 01:25:06.720]  And she filed with the petition to declaratory judgment to ask the court to rule as to whether or not 2941 met precisely what it said.
[01:25:06.720 --> 01:25:11.720]  And the trial judge ruled against you in that. Is that correct, Tina?
[01:25:11.720 --> 01:25:13.720]  Correct.
[01:25:13.720 --> 01:25:26.720]  So she told what the attorney tried to claim was, oh, it's all barbed by Residucata and she has no standing. So they just bought into his blizzard leather, the flip-flop, whatever he called it.
[01:25:26.720 --> 01:25:31.720]  Yeah, so what the lawyers did was threw up a smoke screen.
[01:25:31.720 --> 01:25:37.720]  She's filed all of these suits and everything's ruled against her. It's all Residucata.
[01:25:37.720 --> 01:25:55.720]  So wait a minute. This issue of whether or not the lender was required to return the original mortgage after it was satisfied was not a ruling of any prior court.
[01:25:55.720 --> 01:26:01.720]  So all this stuff about Residucata was smoke and mirrors.
[01:26:01.720 --> 01:26:09.720]  So I went through their response, went down through all this Residucata stuff.
[01:26:09.720 --> 01:26:15.720]  This is trash. This is trash. This is trash. When I was done, I had two paragraphs.
[01:26:15.720 --> 01:26:21.720]  Two paragraphs that actually went to speak to this note. So it threw all the rest out.
[01:26:21.720 --> 01:26:28.720]  And I looked at it and it went to proper promissory estoppel, equitable estoppel.
[01:26:28.720 --> 01:26:33.720]  And what was the other thing, Tina? I asked you to send me case law on.
[01:26:33.720 --> 01:26:39.720]  Oh, promise your estoppel as it released abroad.
[01:26:39.720 --> 01:26:42.720]  Wait, I couldn't understand that. Say that again.
[01:26:42.720 --> 01:26:45.720]  Promissory estoppel as it relates to fraud.
[01:26:45.720 --> 01:26:49.720]  Okay, yeah. Promissory estoppel.
[01:26:49.720 --> 01:26:53.720]  The lawyer made a promise to do a certain thing.
[01:26:53.720 --> 01:26:55.720]  And he made a certain thing.
[01:26:55.720 --> 01:27:05.720]  Based on that promise, Tina did not pursue a claim that she had.
[01:27:05.720 --> 01:27:10.720]  We went to, we also included fraud in there.
[01:27:10.720 --> 01:27:24.720]  Because the lawyer made a statement, a voluntary statement in writing that he would produce this original mortgage note
[01:27:24.720 --> 01:27:29.720]  after the note was satisfied by foreclosure.
[01:27:29.720 --> 01:27:36.720]  And Tina accepted what the lawyer said.
[01:27:36.720 --> 01:27:44.720]  The lawyer subsequently did not provide the note as he said he would.
[01:27:44.720 --> 01:27:47.720]  And Tina was harmed by that. That goes to fraud.
[01:27:47.720 --> 01:27:56.720]  So we only addressed that issue.
[01:27:56.720 --> 01:28:04.720]  And the way we, I kind of lost where I was going.
[01:28:04.720 --> 01:28:11.720]  The document was, I wrote the document first and I looked at it and I didn't like it.
[01:28:11.720 --> 01:28:20.720]  So I went back in and I hadn't followed bone rules and wrote a heading for every single paragraph.
[01:28:20.720 --> 01:28:29.720]  And then went back and looked at what was under that heading and recrafted the, what was under it.
[01:28:29.720 --> 01:28:36.720]  So it turned into one at most two paragraphs addressing the issue in the heading.
[01:28:36.720 --> 01:28:40.720]  Tina, will you address your impression of that portion of the document?
[01:28:40.720 --> 01:28:44.720]  This is not the whole response, it's just a small portion of it.
[01:28:44.720 --> 01:28:45.720]  So it's not, wasn't very big.
[01:28:45.720 --> 01:28:52.720]  Will you address your impression of it with the how it was structured?
[01:28:52.720 --> 01:28:59.720]  First, I started to read it with Andy and I went, why is this here?
[01:28:59.720 --> 01:29:01.720]  And it was like, keep reading.
[01:29:01.720 --> 01:29:05.720]  And then as I read further on it, oh, I get it.
[01:29:05.720 --> 01:29:19.720]  This is really going to the point of what the attorney said and how he's violated the rules.
[01:29:19.720 --> 01:29:27.720]  And it just made so complete sense once they read through why Randy had put that.
[01:29:27.720 --> 01:29:31.720]  Because at first I thought, oh my God, why is he saying this?
[01:29:31.720 --> 01:29:35.720]  Okay, wait, we're about to go to our sponsors.
[01:29:35.720 --> 01:29:46.720]  When we come back, I was really talking more about how breaking your document apart by paragraphs with a separate heading for each paragraph.
[01:29:46.720 --> 01:29:49.720]  How it affected how the document came together.
[01:29:49.720 --> 01:30:00.720]  Hang on, Randy Kelton, Brett Fountain, we'll be right back.
[01:30:00.720 --> 01:30:04.720]  A top cybersecurity expert has a warning for America.
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[01:31:30.720 --> 01:31:36.720]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
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[01:33:02.720 --> 01:33:12.720]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:33:12.720 --> 01:33:37.720]  Music playing.
[01:33:37.720 --> 01:33:42.720]  Okay, we are back. Randy Kelton, Brett Fountain, RuleLawRadio.
[01:33:42.720 --> 01:33:54.720]  And I was discussing this, the document with Brett over the break, and it occurred to me that I should explain something.
[01:33:54.720 --> 01:33:59.720]  This is really about how to write documents.
[01:33:59.720 --> 01:34:11.720]  And I've done a lot of research, my library on how to write well, and I used to have a shelf sealed into floor 12 feet long, a bookshelf.
[01:34:11.720 --> 01:34:16.720]  And two of those 12-foot shelves were all how to write well.
[01:34:16.720 --> 01:34:25.720]  And there were a few things that really stood out, and one of the things that I found most intriguing was plants.
[01:34:25.720 --> 01:34:30.720]  You lay plants in your writing.
[01:34:30.720 --> 01:34:35.720]  When you put it in there, the reader doesn't always recognize what it is.
[01:34:35.720 --> 01:34:40.720]  It should read well, and all the verbiage should fit together.
[01:34:40.720 --> 01:34:55.720]  But if you laid the plant accurately, and I know you've all seen movies where things have happened and it didn't exactly make sense, or it wasn't exactly clear what the importance of something was.
[01:34:55.720 --> 01:35:05.720]  But as you move through the movie, other things happen, and you go back to those original things, and all of a sudden things begin to make sense.
[01:35:05.720 --> 01:35:22.720]  So the way you do that is you write your story first, and when you get to, you know all the stuff that's going to happen at the end, you go back to the beginning, and you start putting little pieces in there that will point to what's going to develop later.
[01:35:22.720 --> 01:35:32.720]  Tina, you mentioned that you started reading it, and you didn't understand it, and then it began to come together.
[01:35:32.720 --> 01:35:36.720]  Yes.
[01:35:36.720 --> 01:35:40.720]  That's a technical skill.
[01:35:40.720 --> 01:35:47.720]  That doesn't go to any talent that I have, because I'm really not talented.
[01:35:47.720 --> 01:35:50.720]  I had a twin brother, he was talented.
[01:35:50.720 --> 01:35:54.720]  He got all the talents, I got all the skills.
[01:35:54.720 --> 01:36:09.720]  What I do is right out of the book, it's a technique, so you write your document and always use paragraphs, headings for every paragraph.
[01:36:09.720 --> 01:36:17.720]  I didn't do this this time, I was in a hurry, and when I got to the end, I looked at it and I said, this is a mess.
[01:36:17.720 --> 01:36:35.720]  These arguments don't fit together, they blend into one another, so I went back, sent a heading on every paragraph, and made sure that the paragraph under the heading all fell within the context of that heading.
[01:36:35.720 --> 01:36:42.720]  And then once I got that done, when I got to the end, it occurred to me.
[01:36:42.720 --> 01:36:57.720]  In a foreclosure, the foreclosing party is enforcing a promise made by the borrower.
[01:36:57.720 --> 01:37:06.720]  The borrower made a promise to the lender that they would pay.
[01:37:06.720 --> 01:37:25.720]  Well, in this particular action, Tina was suing, or not suing, she was asking the court to rule on a promise that the lawyer made.
[01:37:25.720 --> 01:37:36.720]  So if the lawyer can sue to enforce a promise Tina made, Tina can sue to enforce a promise the lawyer made.
[01:37:36.720 --> 01:37:43.720]  They were both exactly the same thing, different subject matter, but the same thing.
[01:37:43.720 --> 01:37:52.720]  So that occurred to me, so I said, wow, okay, how can I emphasize this revelation?
[01:37:52.720 --> 01:38:10.720]  So I went back to the top, and where I had to put in the note, I used a couple of terms to reference the note, and then I went to calling it a promissory note.
[01:38:10.720 --> 01:38:20.720]  And after the first couple of references, so everybody was sure exactly what I was talking about, everywhere I saw it, I used it, I called it a promissory note.
[01:38:20.720 --> 01:38:30.720]  And what was gratifying to me, you got that at the end, Tina, remember referencing that?
[01:38:30.720 --> 01:38:35.720]  I do, and let me read something for your listeners.
[01:38:35.720 --> 01:38:47.720]  What really got me, one of the things that got me as I was reading through, because, you know, as much as I've gone through this last six years, I just still know very little compared to you.
[01:38:47.720 --> 01:38:52.720]  But you put this heading called promises, the promises.
[01:38:52.720 --> 01:39:05.720]  And it reads, it's very short, respondent claimed standing to hold petitioner liable for a written promise to pay a set amount stipulated in the mortgage agreement.
[01:39:05.720 --> 01:39:20.720]  If respondent has standing to hold petitioner to petitioner's promise, it is equitable, I like that word, that petitioner be able to likewise hold respondent to his written promise.
[01:39:20.720 --> 01:39:39.720]  And he went on to put a little quote in here, you know it when you see it, may have some level of application in order to successfully establish and prove fraud legally, one must plead specifically and prove a trial by the preponderance of evidence,
[01:39:39.720 --> 01:39:46.720]  each and every element of the legal definitions established by case law.
[01:39:46.720 --> 01:39:50.720]  And, you know, that just struck me, you're right.
[01:39:50.720 --> 01:40:03.720]  You know, I promised to do something, and they, you know, took me into another area saying, oh, if you do this, we promise to help you get a modification, blah, blah, life.
[01:40:03.720 --> 01:40:20.720]  But I can hold him to his promise, and he is actually an attorney of supposed good standing. So why wouldn't I be able to rely on his promise, because he is an attorney.
[01:40:20.720 --> 01:40:35.720]  He's not some Joe blow off the street saying, oh, Tina, if you do this, he's an attorney who is held to higher standards under the business and professional rules of conduct, and you literally bought that out.
[01:40:35.720 --> 01:40:47.720]  And you also made a headline of deliberate distraction, which I really liked too, because it really went to the point, and I hadn't thought about it.
[01:40:47.720 --> 01:40:59.720]  You put a respondent in respondents reply brief, huffs and puffs about residue of the carter concerning a lot of issues, not before this court.
[01:40:59.720 --> 01:41:09.720]  The instant action does not challenge any of the rulings of the court in the foreclosure action. None of that is before this court, and that is so true.
[01:41:09.720 --> 01:41:32.720]  The only issue before this court is the intent of California statute 2941. Did the legislature intend that the promise to pay the return to the originator upon satisfaction of the claim, and did the legislature intend to define who could satisfy the claim?
[01:41:32.720 --> 01:41:50.720]  This is an issue that was not bought before the trial court because of petitioners reliance on the written promise of respondents that the document was in respondents possession and would be produced upon completion of the foreclosure process.
[01:41:50.720 --> 01:42:06.720]  And then I really liked what you put here. This instant issue goes to the integrity of the legal system in California. Does the rule of caveat mentor let the buyer beware?
[01:42:06.720 --> 01:42:21.720]  Governed California law or can a litigant hold a reasonable expectation that the clear verbiage of the statutes can be relied on by citizens of California?
[01:42:21.720 --> 01:42:37.720]  That is really, I mean, it goes to the heart of it. And then you followed up with something I had not thought about was compliance would not be an imposition.
[01:42:37.720 --> 01:43:06.720]  Confession time. You know how I did that. You sent me the case law. I took that case citation and looked at it and said, hmm, how can I craft a paragraph around this citation that references
[01:43:06.720 --> 01:43:16.720]  caveat mentor? That's a cool word. And that will catch their attention. So how can I craft a paragraph around it?
[01:43:16.720 --> 01:43:29.720]  I didn't come up with that, Dana. I used the case law you gave me to craft the paragraph around the citation.
[01:43:29.720 --> 01:43:40.720]  This is where experience comes in. That whole thing. I asked her for a certain case law and she sent it to me. And I took the case law she had.
[01:43:40.720 --> 01:43:52.720]  And how can I position this and write paragraphs around it so it flows and makes sense. Not that I'm creative. It was just a technique.
[01:43:52.720 --> 01:44:00.720]  So I'm going to go on. Randy Colton. Brett Felton. We'll be right back.
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[01:46:49.720 --> 01:47:02.720]  The people come down from the hills into the city they will shuffle.
[01:47:02.720 --> 01:47:12.720]  Okay, we are back. Randy Kelton, Brett Fountain, Louisville Radio, and we're talking to Tina in California, and I'm glad we went to this.
[01:47:12.720 --> 01:47:20.720]  I know I am not a creative writer. I don't have that. That takes the talent. I don't have it.
[01:47:20.720 --> 01:47:34.720]  And I've told people that if you are writing documents, instead of doing intros and outros, you haven't done enough research, but that's not really clear on how to do this.
[01:47:34.720 --> 01:47:48.720]  Tina sent me this case law. She sent me the right case law. I asked her for case law and promissory stop all on, what else was it, Tina?
[01:47:48.720 --> 01:47:51.720]  Was it the fraud in California?
[01:47:51.720 --> 01:47:59.720]  Yeah, so I took her case law and I read, there were different treatments on these issues and I read those treatments.
[01:47:59.720 --> 01:48:11.720]  And then I looked at the case law and I said, okay, these guys who write these opinions are really good and they're skilled in a specific technique.
[01:48:11.720 --> 01:48:19.720]  All the legal, the court rulings that you read are all constructed almost exactly the same.
[01:48:19.720 --> 01:48:32.720]  And for the most part, they're very well written. So I took the case law and arranged it so that I could go from case siding to case siding to case siding.
[01:48:32.720 --> 01:48:40.720]  And it would kind of lead toward the idea and understanding I wanted to create.
[01:48:40.720 --> 01:48:50.720]  And you put a heading on every paragraph and then you write an intro into that case, case siding.
[01:48:50.720 --> 01:49:03.720]  By putting a heading on every paragraph, what happened in this case, when I got finished with it, all the paragraphs were jumbled.
[01:49:03.720 --> 01:49:13.720]  It didn't seem that way when I was writing it. But when I put a heading on each paragraph and only stayed within that heading for each one,
[01:49:13.720 --> 01:49:20.720]  when I got done and looked at them, I said, oh, I need to take this one and move it down here, take that one to the bottom, move it up here.
[01:49:20.720 --> 01:49:23.720]  I shuffled them all around.
[01:49:23.720 --> 01:49:34.720]  And once I looked at them and then got one to follow directly from the other, this thing flowed really nice.
[01:49:34.720 --> 01:49:41.720]  So it's not like I'm some kind of creative writer who can pull all this stuff out of the air.
[01:49:41.720 --> 01:49:49.720]  Now, this is technical what we're doing here, guys. You can produce really nice legal documents.
[01:49:49.720 --> 01:49:54.720]  Documents that are much better than a lawyer's produce. You open these.
[01:49:54.720 --> 01:50:07.720]  I've read Case Law and this answer these lawyers wrote, it was convoluted and just ten times the words they needed.
[01:50:07.720 --> 01:50:10.720]  You had to really struggle to get through this thing.
[01:50:10.720 --> 01:50:14.720]  Sometimes I'm embarrassed for them when I see what they've written.
[01:50:14.720 --> 01:50:22.720]  I feel a sense of embarrassment for them. Like I'm vicariously, you should be embarrassed to write this way.
[01:50:22.720 --> 01:50:23.720]  Yeah.
[01:50:23.720 --> 01:50:25.720]  I feel that for them.
[01:50:25.720 --> 01:50:32.720]  You've got prose with quotations mixed in with the prose.
[01:50:32.720 --> 01:50:39.720]  They're making an argument and then all of a sudden they lead into a quotation from the case.
[01:50:39.720 --> 01:50:45.720]  And you really can't tell where the prose ends and the quotations start.
[01:50:45.720 --> 01:50:50.720]  It's all in the same font, same size, and they don't use quotation marks at the time.
[01:50:50.720 --> 01:50:55.720]  You've got to struggle to figure out what's in there.
[01:50:55.720 --> 01:51:04.720]  I think they do this purposely, Randy and Brett, because I think they intend to obfuscate and mislead the court.
[01:51:04.720 --> 01:51:20.720]  And I think part of it is really purposeful, because as we have found out, looking through all my cases that the attorney has many times spoken with less than tender before the court,
[01:51:20.720 --> 01:51:32.720]  has, you know, made false statements and you put in here a quotation and forgive me if I get this word wrong because you excuse me and how to say it and I've forgotten.
[01:51:32.720 --> 01:51:39.720]  You put a quote in here after what you said about the statutes, the verb use, just the statutes.
[01:51:39.720 --> 01:51:50.720]  You put where a person makes statements, which he does not believe to be true in a reckless manner without knowing whether they are true or false.
[01:51:50.720 --> 01:51:55.720]  The element of succincter, is that correct?
[01:51:55.720 --> 01:51:58.720]  Sucincter, yes.
[01:51:58.720 --> 01:52:06.720]  Sucincter is satisfied and he is liable for intentional misrepresentation.
[01:52:06.720 --> 01:52:13.720]  And they do this all the time, this intentional misrepresentation.
[01:52:13.720 --> 01:52:32.720]  As Brett has seen, as you have seen, and I am really learning how certain things they keep saying is an intentional misrepresentation to the court in order to lead them into thinking, you know, one thing is true and it's another.
[01:52:32.720 --> 01:52:37.720]  It's like saying, look over here, not over there.
[01:52:37.720 --> 01:52:40.720]  Don't look behind the curtain.
[01:52:40.720 --> 01:52:43.720]  Yes, don't look behind the curtain.
[01:52:43.720 --> 01:52:46.720]  It is their job.
[01:52:46.720 --> 01:52:48.720]  They are word crafters.
[01:52:48.720 --> 01:52:50.720]  Yes.
[01:52:50.720 --> 01:52:54.720]  And that's why I tell people, never use pronouns, never use acronyms.
[01:52:54.720 --> 01:53:02.720]  Pronouns is fertile field for misunderstanding and misconstruing your writing.
[01:53:02.720 --> 01:53:16.720]  It's better to be redundant than to use pronouns, he, she, just exactly who does he and she refer to, them, they, that.
[01:53:16.720 --> 01:53:21.720]  Avoid those at all costs.
[01:53:21.720 --> 01:53:29.720]  Because that's what the word crafter uses to misconstrue what you're writing and it is his job to misconstrue.
[01:53:29.720 --> 01:53:46.720]  It's very hard for us to learn that we must always use, let's say, you know, for my attorney, it's instead of saying plaintiff, you always say the name, which in my case is McGinnity.
[01:53:46.720 --> 01:53:53.720]  So you put, you know, plaintiff or defendant is so and so McGinnity here and after McGinnity.
[01:53:53.720 --> 01:53:58.720]  So they always know who it is and your name is always used.
[01:53:58.720 --> 01:54:08.720]  And it's still, even if I've experienced this, it's hard to do that and to remember because you're writing it in a different way.
[01:54:08.720 --> 01:54:13.720]  You're looking at it differently to what you do.
[01:54:13.720 --> 01:54:23.720]  And then you would put something in here that I thought was really, really good.
[01:54:23.720 --> 01:54:30.720]  And let me get back to it because it's just gone over, it just disappeared here.
[01:54:30.720 --> 01:54:42.720]  One of the things you put as you followed all this is not promises to pay, compliance would not be an imposition.
[01:54:42.720 --> 01:54:48.720]  I had never thought of putting this particular statement.
[01:54:48.720 --> 01:55:04.720]  It is the position of the petitioner that if respondent had the original promise to pay, producing it in accordance with respondents written promises would not be an imposition.
[01:55:04.720 --> 01:55:17.720]  The failure of respondent to act in accordance with respondents written promise gives petitioner reason to believe respondent never had it in the first place.
[01:55:17.720 --> 01:55:23.720]  And if that turns out to be the case, the foreclosure would have been based on fraud.
[01:55:23.720 --> 01:55:32.720]  Now, that's a very interesting way of saying what I had always thought that why are they not sending what they promise to send?
[01:55:32.720 --> 01:55:35.720]  What are they trying to hide?
[01:55:35.720 --> 01:55:44.720]  You know, if they've got it, just send the $10 to send it to me instead of spending $50,000 trying to stop me getting it.
[01:55:44.720 --> 01:55:54.720]  But the way you put it here, compliance would not be an imposition is the way the court reads it.
[01:55:54.720 --> 01:56:04.720]  And for a sale like me and others on your show, that's hard to get to that point to put it that way.
[01:56:04.720 --> 01:56:08.720]  But I think it was an excellent way to put it.
[01:56:08.720 --> 01:56:19.720]  So in this case, I'm trying to demonstrate how this puts itself together, where you follow a set of rules.
[01:56:19.720 --> 01:56:22.720]  You put together a methodology.
[01:56:22.720 --> 01:56:26.720]  And here I just took all the case law that fit.
[01:56:26.720 --> 01:56:30.720]  There's a lot more case law that we could have in there, but this is a case law I had.
[01:56:30.720 --> 01:56:31.720]  So what the heck?
[01:56:31.720 --> 01:56:33.720]  What can I do with this case law?
[01:56:33.720 --> 01:56:41.720]  And you lined it out, and once you have it lined out, the ideas, when you break them into separate paragraphs,
[01:56:41.720 --> 01:56:47.720]  the ideas tend to coalesce and get more succinct.
[01:56:47.720 --> 01:56:57.720]  And you can see them more clearly and it's easier to write the idea when you have it framed in a smaller paragraph
[01:56:57.720 --> 01:57:03.720]  instead of four or five sentences in a 20 sentence paragraph.
[01:57:03.720 --> 01:57:08.720]  15.17 Texas Code of Criminal Procedure.
[01:57:08.720 --> 01:57:13.720]  It's a page and a half, one paragraph.
[01:57:13.720 --> 01:57:18.720]  There's not a human being on the planet that can make sense of that garbage.
[01:57:18.720 --> 01:57:19.720]  Takes a while.
[01:57:19.720 --> 01:57:25.720]  In one of my documents, I wrote, I quoted that, and then I broke it apart.
[01:57:25.720 --> 01:57:31.720]  Every where there's a period I had to care as you turn and broke it apart sentence by sentence.
[01:57:31.720 --> 01:57:36.720]  Now you could read the thing and it almost made sense.
[01:57:36.720 --> 01:57:38.720]  And this is what lawyers do.
[01:57:38.720 --> 01:57:39.720]  They stuff everything together.
[01:57:39.720 --> 01:57:45.720]  When you break it apart by paragraphs, it's probably the most powerful thing you can do.
[01:57:45.720 --> 01:57:51.720]  And you force yourself to stay within the parameters of that heading.
[01:57:51.720 --> 01:57:55.720]  Stuff like what you just read.
[01:57:55.720 --> 01:57:59.720]  It just flows out of that.
[01:57:59.720 --> 01:58:03.720]  So it's not that I have a talent.
[01:58:03.720 --> 01:58:05.720]  I don't have talents.
[01:58:05.720 --> 01:58:08.720]  It's just a technical skill.
[01:58:08.720 --> 01:58:10.720]  And y'all can do this.
[01:58:10.720 --> 01:58:11.720]  It's not that hard.
[01:58:11.720 --> 01:58:19.720]  Use the judge's language, the judge's writing as much as possible.
[01:58:19.720 --> 01:58:24.720]  Pleasure eyes, pleasure eyes, pleasure eyes.
[01:58:24.720 --> 01:58:26.720]  We are out of time.
[01:58:26.720 --> 01:58:29.720]  Randy Kelton, Brett Fountain, We Love Radio.
[01:58:29.720 --> 01:58:31.720]  Thank you all for listening.
[01:58:31.720 --> 01:58:35.720]  We'll be back next week, same time, same station.
[01:58:35.720 --> 01:58:39.720]  Thursday and Friday starting at eight o'clock central.
[01:58:39.720 --> 01:58:43.720]  Two hours Thursday, four hours Friday.
[01:58:43.720 --> 01:58:49.720]  And check out Eddie's traffic show on Mondays, eight o'clock central.
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