ROL_2022-04-08_16k_Hr3-4.timecode

[00:00.000 --> 00:05.760]  The Bill of Rights contains the first 10 amendments of our Constitution.
[00:05.760 --> 00:09.420]  They guarantee the specific freedoms Americans should know and protect.
[00:09.420 --> 00:10.920]  Our liberty depends on it.
[00:10.920 --> 00:14.820]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.820 --> 00:16.920]  your First Amendment rights.
[00:16.920 --> 00:18.520]  Privacy is under attack.
[00:18.520 --> 00:22.120]  When you give up data about yourself, you'll never get it back again.
[00:22.120 --> 00:26.900]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.900 --> 00:32.080]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.080 --> 00:34.640]  Privacy, it's worth hanging on to.
[00:34.640 --> 00:38.940]  This public service announcement is brought to you by Startpage.com, the private search
[00:38.940 --> 00:42.480]  engine alternative to Google, Yahoo, and Bing.
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[00:44.840 --> 00:47.760]  Spar, it's what fighters do.
[00:47.760 --> 00:51.240]  It's also how I remember the five guarantees of the First Amendment.
[00:51.240 --> 00:54.440]  If you plan to take away my rights, I'm going to spar with you.
[00:54.440 --> 01:01.560]  Spar with an extra P, S for speech, P for press, another P for petition, A for assembly,
[01:01.560 --> 01:02.920]  and R for religion.
[01:02.920 --> 01:07.040]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:07.040 --> 01:08.520]  assembly, and religion.
[01:08.520 --> 01:10.840]  But petition for redress is another matter.
[01:10.840 --> 01:14.560]  We have the right to petition the government for a redress of grievances.
[01:14.560 --> 01:18.080]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.080 --> 01:20.760]  the reasons without fear of being thrown into jail.
[01:20.760 --> 01:22.720]  I'm Dr. Catherine Albrecht.
[01:22.720 --> 01:31.040]  More news and information at CatherineAlbrecht.com.
[01:31.040 --> 01:34.720]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.720 --> 01:38.180]  They guarantee the specific freedoms Americans should know and protect.
[01:38.180 --> 01:39.680]  Our liberty depends on it.
[01:39.680 --> 01:43.560]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.560 --> 01:46.680]  one of your constitutional rights.
[01:46.680 --> 01:48.280]  Privacy is under attack.
[01:48.280 --> 01:51.880]  When you give up data about yourself, you'll never get it back again.
[01:51.880 --> 01:56.640]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.640 --> 02:01.800]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.800 --> 02:04.400]  Privacy, it's worth hanging on to.
[02:04.400 --> 02:08.680]  This public service announcement is brought to you by StartPage.com, the private search
[02:08.680 --> 02:12.240]  engine alternative to Google, Yahoo, and Bing.
[02:12.240 --> 02:15.800]  Start over with StartPage.
[02:15.800 --> 02:20.160]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.160 --> 02:22.240]  of Rights in a big old bear hug.
[02:22.240 --> 02:26.720]  It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.720 --> 02:30.600]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.600 --> 02:31.600]  Get it?
[02:31.600 --> 02:33.880]  Two arms, bear hug, bear arms?
[02:33.880 --> 02:37.480]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.480 --> 02:43.240]  when he said, the right of the citizens to bear arms is just one guarantee against arbitrary
[02:43.240 --> 02:47.360]  government, one more safeguard against the tyranny, which now appears remote in America,
[02:47.360 --> 02:50.400]  but which historically has proved to always be possible.
[02:50.400 --> 02:52.400]  I'm Dr. Catherine Albrecht.
[02:52.400 --> 03:21.160]  More news and information at CatherineAlbrecht.com.
[03:21.160 --> 03:41.240]  Thank you.
[03:51.160 --> 04:00.080]  Okay, we are back with Randy Kelton, Brett Fountain, and we have a lot of radio.
[04:00.080 --> 04:05.440]  I had a really busy break, so I kind of lost where we were at, Chris, what were we talking
[04:05.440 --> 04:06.440]  about?
[04:06.440 --> 04:20.080]  The article is 87 proceedings, and my question was that the judge for the DWI, because of
[04:20.080 --> 04:28.520]  the article 87 proceedings, he actually went ahead and denied my motion finally.
[04:28.520 --> 04:34.400]  Should I appeal that, or because I didn't complete an affidavit of service, even though
[04:34.400 --> 04:42.360]  my motion had on it, everybody that I cc'd with their certified mail number, and it's
[04:42.360 --> 04:45.600]  before I knew about affidavit of service.
[04:45.600 --> 04:49.520]  Okay, hold on, hold on.
[04:49.520 --> 04:57.400]  Should all of the people that should have been served respond to the motion?
[04:57.400 --> 05:00.840]  Nobody did.
[05:00.840 --> 05:07.560]  Do you have evidence that they all receive notice, or some of them receive notice?
[05:07.560 --> 05:10.800]  They get the certified numbers, the certified mail numbers.
[05:10.800 --> 05:13.680]  They sign for it, yeah.
[05:13.680 --> 05:19.760]  Okay, then did you file for summary judgment?
[05:19.760 --> 05:23.200]  No, I didn't.
[05:23.200 --> 05:31.600]  Okay, this calls for summary judgment on the motion that everybody received service on
[05:31.600 --> 05:33.140]  and didn't respond.
[05:33.140 --> 05:41.600]  When they didn't respond under law, that means they agree with what is in the motion.
[05:41.600 --> 05:44.040]  So you have a right to summary judgment.
[05:44.040 --> 05:51.400]  So I should just turn around and summary judgment right in that down core, because nobody-
[05:51.400 --> 05:57.120]  Yeah, okay, keep in mind, you're not asking for summary judgment dismissal of the entire
[05:57.120 --> 05:58.120]  case.
[05:58.120 --> 06:08.040]  You're asking for a summary ruling on the petition that you filed, because there are
[06:08.040 --> 06:20.320]  no issues in contention as the respondent stipulated to all of them by not answering.
[06:20.320 --> 06:30.480]  So as far as the court is concerned, everything you stated is true and unopposed.
[06:30.480 --> 06:38.360]  The only thing that would keep you from getting summary judgment is, I lost it when you said
[06:38.360 --> 06:41.360]  unopposed, Brett.
[06:41.360 --> 06:47.240]  I hate it when that happens.
[06:47.240 --> 06:51.320]  Okay, got it, got it, got it, got it, summary judgment.
[06:51.320 --> 07:03.160]  If you ask for a ruling that, if the court assumes that all of the facts are correct
[07:03.160 --> 07:13.320]  and they are true, it must still be sufficient to give you that ruling.
[07:13.320 --> 07:18.880]  Like when I filed the bar agreements against the lawyer for partner's hair on the left.
[07:18.880 --> 07:25.480]  If my facts are absolutely true, it's not gonna make any difference because it doesn't
[07:25.480 --> 07:29.080]  matter which side the lawyer parts his hair on.
[07:29.080 --> 07:35.160]  So even if the opposing counsel didn't object to that, the judge still couldn't give me
[07:35.160 --> 07:45.720]  a summary judgment ruling because the facts and the law brought to him are insufficient.
[07:45.720 --> 07:53.920]  But if I've made a sufficient argument and the other side doesn't respond to my argument,
[07:53.920 --> 08:01.600]  then the judge must read my facts and law and say based on the facts and law before
[08:01.600 --> 08:04.240]  the court.
[08:04.240 --> 08:13.360]  The court must rule that whatever the defendant asked must rule in favor of whatever the defendant
[08:13.360 --> 08:14.360]  asked for.
[08:14.360 --> 08:20.240]  I'm searching for a metaphor and kinda lost my spot there.
[08:20.240 --> 08:29.760]  So you get summary judgment if you have made a sufficient assertion or allegation in your
[08:29.760 --> 08:32.120]  motion.
[08:32.120 --> 08:35.120]  I did, but he already denied it.
[08:35.120 --> 08:38.200]  I shouldn't even concern myself with that.
[08:38.200 --> 08:42.320]  Wait, I couldn't understand you.
[08:42.320 --> 08:45.880]  Say that he moved the mic a little away from your mouth.
[08:45.880 --> 08:48.120]  He said the judge denied that motion.
[08:48.120 --> 08:50.160]  Well, that's okay.
[08:50.160 --> 08:53.080]  You don't care about that.
[08:53.080 --> 08:56.960]  This is all about appeal.
[08:56.960 --> 09:03.520]  Appeal is where you get the courts to properly read the law.
[09:03.520 --> 09:06.440]  So don't worry about what the judge does.
[09:06.440 --> 09:10.880]  Does that make sense, Chris?
[09:10.880 --> 09:17.960]  Yes, follow the summary judgment, I gotcha, into their town court to preserve the record
[09:17.960 --> 09:20.840]  and then after that, in the appeal.
[09:20.840 --> 09:21.840]  Correct?
[09:21.840 --> 09:28.440]  Okay, Brett, I'm having a terrible time understanding you.
[09:28.440 --> 09:33.000]  Yeah, it's a little fuzzy, but I think he's saying he's got it.
[09:33.000 --> 09:35.680]  He's gonna go follow summary judgment and...
[09:35.680 --> 09:44.480]  Yeah, just put it in your summary judgment, you put since opposing, you show that everybody's
[09:44.480 --> 09:46.240]  been served.
[09:46.240 --> 09:55.120]  And since all of the defendants failed to file a timely response, therefore, they stipulate
[09:55.120 --> 10:03.880]  to all the facts in law in my pleading and have a right to summary judgment dismissal.
[10:03.880 --> 10:06.000]  That's it.
[10:06.000 --> 10:07.000]  Okay.
[10:07.000 --> 10:15.280]  You go give that to the clerk, I'm sorry, I'm mixing default and summary.
[10:15.280 --> 10:21.720]  If you file a lawsuit and you serve the parties on the other side and they don't file an answer,
[10:21.720 --> 10:26.240]  then you drag out default judgment.
[10:26.240 --> 10:30.440]  But after they filed an answer, you can't use default anymore.
[10:30.440 --> 10:33.080]  Now you have to use summary judgment.
[10:33.080 --> 10:37.800]  I know that wasn't the question you asked, but I'm adding that in because it fits.
[10:37.800 --> 10:42.480]  So people will understand how to file their documents.
[10:42.480 --> 10:54.040]  If you're in court and you want to appeal an issue, you appeal it to the Court of Appeals.
[10:54.040 --> 10:58.760]  Lost my place again, Brett.
[10:58.760 --> 11:02.040]  You were just mentioning the difference between summary and default.
[11:02.040 --> 11:03.040]  I'm sorry.
[11:03.040 --> 11:04.040]  If you file-
[11:04.040 --> 11:08.840]  One is when you don't have any issues in controversy before the court, right?
[11:08.840 --> 11:11.520]  Yeah, and there's two ways that happens.
[11:11.520 --> 11:16.240]  One is you file an original petition, you serve everybody, nobody answers.
[11:16.240 --> 11:20.720]  That means they agree to all the facts.
[11:20.720 --> 11:24.640]  If you file an original, they agree to all the facts.
[11:24.640 --> 11:27.200]  So now you can file for default judgment.
[11:27.200 --> 11:33.880]  That's great because you prepare a petition for default judgment and show that claim that
[11:33.880 --> 11:42.400]  you filed a petition and defendant was properly served and defendant failed to answer, therefore
[11:42.400 --> 11:45.760]  you have a right to default judgment.
[11:45.760 --> 11:51.280]  Then you go to the clerk and give the clerk the document and ask the clerk to look in
[11:51.280 --> 11:56.760]  the record and find the date on which this case was filed.
[11:56.760 --> 12:05.720]  Find the date on which defendant was served and see if you find a answer by the defendant
[12:05.720 --> 12:08.120]  after this date.
[12:08.120 --> 12:16.840]  If she does not find an answer to this original petition within the time limit in the record,
[12:16.840 --> 12:23.160]  then she has authority to sign your default judgment.
[12:23.160 --> 12:25.200]  So it's real quick.
[12:25.200 --> 12:31.620]  She can count the days and say, you filed it 35 days ago.
[12:31.620 --> 12:34.760]  They received it 30 days ago.
[12:34.760 --> 12:45.620]  There is no evidence of an answer in the record within 20, within, oh, I'm sorry, by the Monday
[12:45.620 --> 12:48.320]  on the...
[12:48.320 --> 12:51.000]  The Monday after 20 days.
[12:51.000 --> 12:56.120]  On the Monday after the 20th day.
[12:56.120 --> 13:02.800]  So they say 20 days, 21 days, but that's not really what it is.
[13:02.800 --> 13:05.700]  It's the Monday after the 20th day.
[13:05.700 --> 13:16.180]  So if you file it on the Monday, the 20th day will land on a Sunday.
[13:16.180 --> 13:21.600]  So the next day is the Monday after the 20th day, and that'll give me exactly 21 days.
[13:21.600 --> 13:25.040]  But if you don't have one in there and the clerk can just look in the record and see
[13:25.040 --> 13:30.740]  this, I don't see this answer, signs the default.
[13:30.740 --> 13:33.800]  And then she sends it to the judge and he looks at it and he agrees with it.
[13:33.800 --> 13:37.200]  He just signs it and you're done, you're done.
[13:37.200 --> 13:39.680]  But summary judgment's different.
[13:39.680 --> 13:44.040]  Summary is where they did answer the original pleading.
[13:44.040 --> 13:49.760]  But you filed a motion or a pleading and opposing counsel did not respond to it.
[13:49.760 --> 13:53.560]  Now you have the right to default judgment.
[13:53.560 --> 14:00.460]  What you don't challenge is deemed admitted or agreed to.
[14:00.460 --> 14:05.120]  So have people say, oh, don't give the court jurisdiction.
[14:05.120 --> 14:11.480]  Somebody says, don't file anything to the court, don't give them jurisdiction, nonsense.
[14:11.480 --> 14:18.520]  Don't get you ruled against, always respond.
[14:18.520 --> 14:24.240]  So you can't give a court jurisdiction that it doesn't already have.
[14:24.240 --> 14:26.200]  So make sure you get your response in.
[14:26.200 --> 14:27.200]  Okay, that's enough.
[14:27.200 --> 14:30.080]  I think that's enough on summary and default.
[14:30.080 --> 14:31.080]  Does that make sense, Brett?
[14:31.080 --> 14:32.080]  Did I miss anything?
[14:32.080 --> 14:35.080]  Yeah, that makes sense.
[14:35.080 --> 14:39.920]  Just on that last point, you can't give a court jurisdiction that doesn't have, but
[14:39.920 --> 14:46.640]  you can waive that issue of jurisdiction by not addressing that.
[14:46.640 --> 14:52.280]  Yeah, you can waive it in personam.
[14:52.280 --> 14:54.480]  You can't waive subject matter.
[14:54.480 --> 14:56.680]  Or territorial, that's true.
[14:56.680 --> 14:59.200]  But you can waive personal jurisdiction.
[14:59.200 --> 15:06.040]  Yeah, by not bringing it up, by making a general appearance and not bringing up the issue that
[15:06.040 --> 15:14.440]  the court didn't have that jurisdiction, you can give them the impression that you think
[15:14.440 --> 15:17.720]  they have jurisdiction, and they will go right on ahead with it.
[15:17.720 --> 15:25.080]  Yeah, the judge doesn't really have jurisdiction, but there's nothing before him showing that
[15:25.080 --> 15:26.720]  he doesn't have jurisdiction.
[15:26.720 --> 15:32.340]  So they'll act like they have jurisdiction, and you'll feel like jurisdiction when they
[15:32.340 --> 15:36.360]  put you behind a can.
[15:36.360 --> 15:39.360]  So always respond.
[15:39.360 --> 15:43.200]  I just helped Mary Crinnick in a case she filed.
[15:43.200 --> 15:49.920]  She ran out of time and had, the judge gave her eight more days, and we made a response.
[15:49.920 --> 15:51.680]  It's about two paragraphs.
[15:51.680 --> 15:58.200]  It's all you need, just get some in there.
[15:58.200 --> 16:04.520]  Always answer, always show up in court.
[16:04.520 --> 16:09.760]  Failing to do either one of those could be catastrophic to your case.
[16:09.760 --> 16:11.200]  Fatal.
[16:11.200 --> 16:16.160]  Okay, we've got 45 seconds.
[16:16.160 --> 16:21.680]  Chris, say something really intuitive and insightful in 40 seconds.
[16:21.680 --> 16:25.000]  I've taken the bait.
[16:25.000 --> 16:26.000]  Thanks, Randy.
[16:26.000 --> 16:30.040]  You bailed out on me.
[16:30.040 --> 16:33.120]  Middle school poem, anything.
[16:33.120 --> 16:34.120]  Okay.
[16:34.120 --> 16:37.640]  Sorry about putting you on the dime there, Chris.
[16:37.640 --> 16:41.480]  I had too much time to the break, and I didn't have something to fill it in.
[16:41.480 --> 16:44.200]  So I should tell people the phone number.
[16:44.200 --> 16:48.720]  Oh, what's the phone number, Brett?
[16:48.720 --> 16:49.720]  512-646-1984.
[16:49.720 --> 16:55.920]  You're trying to get me to fall off the cliff.
[16:55.920 --> 17:00.200]  Yes, we'll be right back.
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[19:24.120 --> 19:25.120]  You know what I mean?
[19:25.120 --> 19:26.120]  My friend.
[19:26.120 --> 19:27.120]  Knowledge your children.
[19:27.120 --> 19:28.120]  Come on.
[19:28.120 --> 19:29.120]  Trust in God, me friend.
[19:29.120 --> 19:30.120]  Tell him your problem's been.
[19:30.120 --> 19:31.120]  Call on his name once again.
[19:31.120 --> 19:32.120]  He will tell you now he worth it.
[19:32.120 --> 19:33.120]  Trust in God, me friend.
[19:33.120 --> 19:34.120]  Tell him your problem's been.
[19:34.120 --> 19:35.120]  Call on his name once again.
[19:35.120 --> 20:02.200]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Shane
[20:02.200 --> 20:12.160]  in New York. Hello, Shane. Hey, Randy. How are you doing? Doing good. How is your case
[20:12.160 --> 20:19.760]  going? Shane has been holding off a bankruptcy for how many years now? Well, it's actually
[20:19.760 --> 20:27.480]  a foreclosure. I know. I'm sorry. But yeah, a foreclosure. And I said that wrong. We started
[20:27.480 --> 20:34.800]  out with foreclosure and then almost got to the end and you file bankruptcy to block it.
[20:34.800 --> 20:43.080]  And how many years have you been fighting them so far? 16, 17, 18, 19, 20, 21, 22, seven
[20:43.080 --> 20:54.040]  years. Seven years. So now where are we? Now we're in the bankruptcy. Wait, wait, wait
[20:54.040 --> 21:00.440]  till you hear this. Okay. All seven appeals in my bankruptcy, which by the way was dismissed
[21:00.440 --> 21:05.160]  because I wasn't making any mortgage payments, but how can I make mortgage payments when
[21:05.160 --> 21:11.880]  I don't even have a loan with KeyBank or Nationstar? So all those been fully briefed and filed
[21:11.880 --> 21:16.520]  in the United States District Court in Western District in New York, all briefed since March
[21:16.520 --> 21:26.280]  of 2020. Since then, since then it's that the County Court is sitting on six motions,
[21:26.280 --> 21:30.160]  which is actually my mother's name, because you know, the house and loan was her name
[21:30.160 --> 21:38.640]  originally and I did the quick claim in 2017. That's how I got involved. So has the court
[21:38.640 --> 21:49.400]  granted you standing? No, the County Court denied it. But the bankruptcy court is admitted
[21:49.400 --> 21:54.400]  and stipulated and agreed that that property is yours, but you need to go back to state
[21:54.400 --> 22:00.120]  court and litigate this, not here in bankruptcy court. So therefore your motion to lift this
[22:00.120 --> 22:09.560]  Wait a minute, litigate this. What did this refer to? The issue of them trying to illegally
[22:09.560 --> 22:14.080]  foreclose on a property with no note and many other issues, which I'm not going to get into
[22:14.080 --> 22:21.880]  right now. Okay. Okay. So I want to tell you what I did. Okay, go ahead. So let me just
[22:21.880 --> 22:27.360]  say what happened. Let me just say what happened for what I did. Um, mistakenly somebody from
[22:27.360 --> 22:32.120]  the clerk's office, that's good friends with me that works down there in the, in the library,
[22:32.120 --> 22:35.920]  called me up. He says, did you know your house is up for sale on April the 18th of 2022?
[22:35.920 --> 22:40.120]  I says, get out of here. We had six motions in the County Court haven't been ruled on
[22:40.120 --> 22:45.000]  that. One of them are going to be granted. All right. And I, and I said, it's impossible.
[22:45.000 --> 22:48.400]  There's no notices on the board. There's no notices on a docket sheet. Cause I go down
[22:48.400 --> 22:51.560]  there like once a week to contract the docket sheet. Cause you can't get it online. You
[22:51.560 --> 22:56.040]  have to go into the courthouse and look at it. Cause they're all old fashioned paperback.
[22:56.040 --> 23:01.080]  So what County, what County is this? Oh, I'm sorry. You're in New York state. Is that
[23:01.080 --> 23:04.920]  common in New York state or is that unique to the County?
[23:04.920 --> 23:09.480]  No, they always post stuff and give you post. They always post stuff on the docket sheet.
[23:09.480 --> 23:13.200]  Notice of foreclosure sale all the time. And they give you the, you know, I think it's
[23:13.200 --> 23:16.600]  30 or maybe it's 31 days. They have to give you notice. We never got no notice. I had
[23:16.600 --> 23:20.160]  mistakenly found out from somebody in the clerk's office. I asked him to keep an eye
[23:20.160 --> 23:23.200]  on it and he's just whipping through the magazine. It's a small little Buffalo law
[23:23.200 --> 23:29.200]  journal only for attorneys. And they, I guess they started publicizing it back in March
[23:29.200 --> 23:36.280]  and I mistakenly found out about it. So I had Randy, I had my lawsuit against KeyBank
[23:36.280 --> 23:38.840]  cause they're the ones that are selling the property, the second lien holder. Cause the
[23:38.840 --> 23:43.400]  first lien holder got indicted, but I had the lawsuit I've been working on for two years
[23:43.400 --> 23:49.960]  and I wouldn't file. I finally filed it last week, Monday, and you had it served properly
[23:49.960 --> 23:56.720]  served. It's all on the docket sheet. I have a lawsuit file against every, I think 30 officers
[23:56.720 --> 24:03.160]  for KeyBank and all four attorneys. And it was all served and paid for the index number.
[24:03.160 --> 24:08.280]  The traditional request is $95 to get a judge appointed to it. And it's all sitting on a
[24:08.280 --> 24:13.600]  dock and everybody served as of, I think as of Wednesday of this week, everything is served
[24:13.600 --> 24:20.240]  now they have to answer it. Now, my question to you is congratulations motions. Hang out.
[24:20.240 --> 24:29.080]  We have six motions at the Erie County court. My mom, my mom's name. Okay. Nothing, no rulings,
[24:29.080 --> 24:33.480]  even as of this very second, I'm talking to you on the phone, no rulings. Okay. Have you
[24:33.480 --> 24:41.400]  gotten it put before the court? They're ignoring us. And we, I call the judicial complaint.
[24:41.400 --> 24:50.360]  Yeah, go ahead. I wanted to say Mike said it for hearing. Yeah. Contact the court coordinator
[24:50.360 --> 24:57.160]  and they'll call it the judge. Sometimes they call it the court's clerk, but we did that.
[24:57.160 --> 25:05.880]  And sometimes they've got several different names you hear for it, but we did that. We
[25:05.880 --> 25:12.120]  contacted the secretary and the law court asking very kindly for a hearing and they did get
[25:12.120 --> 25:17.680]  an email back last week saying they will set up a zoom hearing. And that was like Tuesday
[25:17.680 --> 25:21.800]  of last week, but nothing, nothing we haven't heard from anything from anybody this time.
[25:21.800 --> 25:27.040]  Now, of course, you know. Okay, hold on. Let me make a comment to everybody else. When
[25:27.040 --> 25:32.840]  you're in court and you file a motion or a pleading, don't expect it to automatically
[25:32.840 --> 25:39.500]  go before the judge or the prosecutor. Don't expect it to do what it's supposed to. So
[25:39.500 --> 25:45.100]  always request that they do. Like when I file motions and pleadings, I generally put a cover
[25:45.100 --> 25:56.520]  letter on them that directs the clerk to give notice to the judge of the filing.
[25:56.520 --> 26:01.840]  We've had motions just disappear in the system and we've got case law that in Texas it says,
[26:01.840 --> 26:09.600]  well, if you didn't request that the clerk give notice to the judge, then there's no
[26:09.600 --> 26:19.120]  way the judge would necessarily have any knowledge of this at all. So put in a request that whoever
[26:19.120 --> 26:29.080]  gets this gives notice to the judge that it's here so we can set it on the docket for hearing.
[26:29.080 --> 26:33.760]  Otherwise it can just sit there and languish forever. Does that make sense? Right. Shane?
[26:33.760 --> 26:43.040]  Yes. Yeah. As of right now, the sale is supposed to take place April the 18th, but I filed
[26:43.040 --> 26:47.960]  a lawsuit against KeyBank and by the way, it's absolutely fantastic, Randy. It's about
[26:47.960 --> 26:53.480]  41 pages and it detailed everything, what they're doing and back up a case law and everything
[26:53.480 --> 26:57.840]  like that. So I also want to say one more thing. Two years ago, I filed a fair debt
[26:57.840 --> 27:05.120]  collection practices lawsuit against all the officers at KeyBank and all the attorneys.
[27:05.120 --> 27:08.760]  And it sat there for two years because informal paupers, they were just sitting on it. So
[27:08.760 --> 27:13.320]  I went ahead and paid the filing fee for that, got everybody served within a matter of a
[27:13.320 --> 27:18.120]  week. So now they got the federal lawsuit in my name against KeyBank and all the officers
[27:18.120 --> 27:24.480]  and the state lawsuit, which is now my question to you. Obviously I should probably file a
[27:24.480 --> 27:28.280]  lawsuit in the state court to try to stop the sale of the property, but-
[27:28.280 --> 27:36.400]  Okay, hold on. For those who don't know, TRO is Temporary Restraining Order. Go ahead.
[27:36.400 --> 27:41.280]  Yeah. So my question to you, will they still proceed and move forward with the sale of
[27:41.280 --> 27:43.280]  the property?
[27:43.280 --> 27:51.840]  They, who is selling the property? Is this the county sheriff or the other case? Is KeyBank
[27:51.840 --> 27:59.960]  selling the property? It's hard to say. Generally, no. Especially if you're going after them.
[27:59.960 --> 28:12.560]  If they do anything like hold hearings, if they do anything, I'm losing my place. Where
[28:12.560 --> 28:16.920]  was I, Shane? I guess I'm getting tired. It's been a real long day.
[28:16.920 --> 28:21.520]  Well, basically I just want to find out, is the TRO overdoing it? I'm going to file it
[28:21.520 --> 28:27.000]  anyways, but I have no idea how they're going to proceed. And by the way, this is all triggered
[28:27.000 --> 28:33.000]  by the referee that's very good friends with the county court judge, so you know.
[28:33.000 --> 28:38.840]  Have you filed anything against the referee to get his attention?
[28:38.840 --> 28:43.280]  She's in a lawsuit. She's already in a lawsuit.
[28:43.280 --> 28:44.280]  Okay, then she-
[28:44.280 --> 28:46.160]  Yes, we got her. We got her.
[28:46.160 --> 28:51.320]  Yeah, she's likely, once you point it out, they're likely to be more careful.
[28:51.320 --> 28:52.600]  What's that?
[28:52.600 --> 29:00.400]  So once you point out, they're likely to be more careful. If you don't point things out,
[29:00.400 --> 29:05.160]  they just ignore law. They do whatever they want to. But if they know you're going to
[29:05.160 --> 29:08.640]  fight them, they tend to be more careful.
[29:08.640 --> 29:16.360]  Right. So I guess what I was going to ask you, how much time we got left on the segment,
[29:16.360 --> 29:17.360]  Brandy?
[29:17.360 --> 29:19.440]  On the segment, 40 seconds.
[29:19.440 --> 29:24.480]  Okay, I'll just throw a question out there. We'll wrap it up. But my question to you,
[29:24.480 --> 29:30.360]  I have two incredible lawsuits in my name, because I own the property. And my argument
[29:30.360 --> 29:39.360]  is I've never been served, and I haven't had the opportunity to have rulings on America.
[29:39.360 --> 29:49.960]  Okay, so never been served, have a right to ruling on the marriage. You don't have a right
[29:49.960 --> 29:53.840]  to ruling on the marriage if you've never been served, because court cases never actually
[29:53.840 --> 30:01.200]  commenced. Did you get constructive notice?
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[33:32.520 --> 33:53.520]  Okay, we are back. Randy Kelton, Brett Fountain, Root of the Radio. And Shane, we're talking
[33:53.520 --> 34:02.840]  to Shane in New York. Shane, so give us a close up, a wrap up before you're at.
[34:02.840 --> 34:09.960]  Well here's the wrap up. I got the lawsuit in federal court that was originally filed
[34:09.960 --> 34:15.160]  two years ago, has now been filed and I paid the filing fee and properly served everybody.
[34:15.160 --> 34:19.280]  That's the fair debt collection practice lawsuit. By the way, it's absolutely smashing. Number
[34:19.280 --> 34:26.000]  two, the state court complaint for wrongful foreclosure actions, you know, under like
[34:26.000 --> 34:32.640]  a tort claim, like an injury against me. That was all properly filed and served and that's
[34:32.640 --> 34:37.960]  all on the e-filing system in the state of New York. And it's again, it's allegations
[34:37.960 --> 34:46.160]  of forged documents, falsifying so many things, but more importantly, it's a second lien holder
[34:46.160 --> 34:50.680]  trying to sell a property jumping over the first lien holder, which I've never heard
[34:50.680 --> 34:56.400]  that happening. I guess it does happen. And they forged documents that they have the original
[34:56.400 --> 34:59.600]  note, which they've already admitted in the bankruptcy court. They don't have the original
[34:59.600 --> 35:05.840]  note and there's no bond under UCC 3804. You're supposed to have a bond double the amount
[35:05.840 --> 35:11.960]  of the value of the loan. And they're trying to sell a property for $59,000 where the value
[35:11.960 --> 35:21.840]  of the property is roughly around $325,000. Wow. This is the, your mother's place in New
[35:21.840 --> 35:27.400]  York. Right. Isn't that a relatively small property?
[35:27.400 --> 35:35.680]  No, it's four acres, four acres. It's got a pond. It's about 3000 square feet. Okay.
[35:35.680 --> 35:41.800]  Because the prices in New York are really depressed right now. I was thinking of this
[35:41.800 --> 35:47.000]  head in my head that is a real small place. Apparently it's not so small. If you've got
[35:47.000 --> 35:55.720]  that kind of value on it. Right. Okay. What else do you have for us?
[35:55.720 --> 36:02.760]  Well, that's pretty much about it. My only question is, is that do I have enough time
[36:02.760 --> 36:06.760]  or do you think you're going to move forward with the sale of the property? And if there's
[36:06.760 --> 36:11.840]  anything else that I can do to stop the sale of the property?
[36:11.840 --> 36:17.480]  Anytime you file a motion or pleading, that will generally stop the sale of the property.
[36:17.480 --> 36:22.680]  Right. They don't want to risk selling that property
[36:22.680 --> 36:30.120]  and then the new owner do something to the property and you wind up getting it back.
[36:30.120 --> 36:37.000]  And they definitely don't want to put that money out there where they might not get it
[36:37.000 --> 36:44.680]  back. Right. So it was my experience when I was helping people with foreclosure issues
[36:44.680 --> 36:51.480]  that some 90 some percent of the people just walk away and they can just go ahead with
[36:51.480 --> 37:03.480]  the foreclosure. It's a small percentage that fight them. So they expect you not to do anything.
[37:03.480 --> 37:08.800]  So that's why they tend to do such stupid stuff. When you fight them, it's going to
[37:08.800 --> 37:15.920]  bring their cost up and generally gives you an opportunity to make a deal with them. That's
[37:15.920 --> 37:20.320]  the only way you win in the end. And you're in a good place to come to them and say, Hey,
[37:20.320 --> 37:24.640]  you know, if I give you X amount of dollars and stop beating you up, will you make this
[37:24.640 --> 37:25.640]  go away?
[37:25.640 --> 37:30.240]  I take it your mom is still living in the property?
[37:30.240 --> 37:35.600]  Yeah, I want to tell you one more thing, Randy. I'm sorry. I missed what you said. What did
[37:35.600 --> 37:36.600]  you say again?
[37:36.600 --> 37:40.040]  I said, is your mom still living in the property?
[37:40.040 --> 37:43.560]  Oh, yes. Yes.
[37:43.560 --> 37:51.280]  And that puts a lot of stress on the mom. But it also blocks them from doing anything.
[37:51.280 --> 37:57.320]  So as long as you've been in, have you tried to talk to them about a deal to make this
[37:57.320 --> 37:58.320]  go away?
[37:58.320 --> 38:03.760]  I was just ready to tell you that. During my bankruptcy proceeding, David P. Case sent
[38:03.760 --> 38:09.200]  me a letter for an offer and settlement that he would settle for a $44,000 cashier's check
[38:09.200 --> 38:17.040]  right in the middle of my bankruptcy. And that's attached to the letter because that's
[38:17.040 --> 38:22.040]  in violation of the Fair Debt Collection Practices Act in state court. He was doing it right
[38:22.040 --> 38:24.520]  in the middle of my bankruptcy court trying to make a deal with me. And he sent me the
[38:24.520 --> 38:29.760]  letter by US mail. And I attached that and I had as an exhibit of the new lawsuit that
[38:29.760 --> 38:30.760]  was just filed last week.
[38:30.760 --> 38:39.560]  I could say one more thing. I want to say one more thing too. In the home equity line
[38:39.560 --> 38:46.040]  of credit, subtitle A, I think it's called, will be TLOC. They stated that they are the
[38:46.040 --> 38:51.120]  first lien holder of this property, which is a fat lie because they're the second lien
[38:51.120 --> 38:54.720]  holder and it's a home equity line of credit.
[38:54.720 --> 39:00.480]  Has the first lien holder been involved in any of this?
[39:00.480 --> 39:06.440]  Yes, and they just basically stopped when Rosicky got indicted back in 2018 cuz they're
[39:06.440 --> 39:11.760]  in the process of selling the property. And then they got indicted and the whole law firm
[39:11.760 --> 39:14.480]  got shut down. Key Binks and-
[39:14.480 --> 39:18.400]  That was Rosecky and Rosecky?
[39:18.400 --> 39:23.480]  Right. They paid a $8 million fine to the government.
[39:23.480 --> 39:30.640]  Yeah, that's probably about a tenth of a percent of what they stole.
[39:30.640 --> 39:33.080]  Right. That's correct. Yes.
[39:33.080 --> 39:40.040]  I think that's why there's so much of it going on because there's no effective rebuttal
[39:40.040 --> 39:44.120]  to defend. Wrong word.
[39:44.120 --> 39:51.080]  It doesn't cost them as much as they made on it.
[39:51.080 --> 39:53.800]  Okay, is that all Shane?
[39:53.800 --> 40:01.000]  Yeah, so in conclusion and wrap it all up is that my question to you in your opinion,
[40:01.000 --> 40:04.840]  do you think that they're gonna still try to sell the property? And is there, you know,
[40:04.840 --> 40:05.840]  leave it aside-
[40:05.840 --> 40:13.000]  Okay, it has been my experience and that was only violated one time where a guy in Florida
[40:13.000 --> 40:19.320]  bought a house at a foreclosure auction and was living there with his girlfriend and her
[40:19.320 --> 40:24.000]  16 year old daughter and he took photographs of the daughter in the shower from the outside
[40:24.000 --> 40:28.560]  window they caught him. They threw him in jail. Well, they were in the process of throwing
[40:28.560 --> 40:37.040]  him in jail and the property went up for foreclosure. He filed suit to stop them. They sold it anyway
[40:37.040 --> 40:42.040]  and generally when that happens, you know, if I'm helping people, I give them a folder
[40:42.040 --> 40:46.160]  and when you go down to the auction and when they call your property, hold up this folder,
[40:46.160 --> 40:50.480]  it's generally a red folder and we tell them there's a claim against the property, you
[40:50.480 --> 40:57.480]  buy the property, you buy the claim and nobody would purchase. But in this case, somebody
[40:57.480 --> 41:07.120]  did and the reason they did was this was the guy who bought it at auction and sold it to
[41:07.120 --> 41:17.400]  the guy that has it now. He bought it back at auction. But that was the only time that
[41:17.400 --> 41:27.000]  the bank moved ahead once an action was filed. Some 96% of the population just walk away
[41:27.000 --> 41:29.240]  from the property. They don't fight it.
[41:29.240 --> 41:30.240]  Right.
[41:30.240 --> 41:39.600]  There's a small percentage and that makes it difficult because the banks have all of
[41:39.600 --> 41:46.920]  these derivative contracts on the property. Wells Fargo accused China, I'm sorry, China
[41:46.920 --> 41:53.440]  accused Wells Fargo of selling them the same property 60 times.
[41:53.440 --> 41:54.440]  Right.
[41:54.440 --> 42:01.600]  Now, the problem you have with getting a foreclosure is if Bank of America has sold your loan 60
[42:01.600 --> 42:09.480]  times, they're paying on 60 mortgages. They need to do that for 15 years and then they
[42:09.480 --> 42:17.160]  need you to default so they can sell the property. When they sell the property for each time
[42:17.160 --> 42:24.600]  they've resold your property, they got an insurance policy, a mortgage insurance policy
[42:24.600 --> 42:37.040]  on it. It'll pay 85% of the original value of the property. So they got these 60 mortgages
[42:37.040 --> 42:40.000]  and they're paying on each one of them.
[42:40.000 --> 42:48.840]  But you're the key. If you default, then all of these properties default and the bank gets
[42:48.840 --> 42:59.560]  to collect their default insurance, their mortgage insurance. If you don't foreclose,
[42:59.560 --> 43:06.340]  they can't collect on all these 60 properties they sold. And then every month the payment
[43:06.340 --> 43:13.240]  comes due and they have to pay that payment. It will eat up any potential property. It
[43:13.240 --> 43:24.560]  will eat up any potential profit having to pay these mortgages. So they need you to default.
[43:24.560 --> 43:29.520]  Then they get the insurance companies to pay all this off and they have this huge stack
[43:29.520 --> 43:37.360]  of money they get to steal. There have been some laws against that, but not enough to
[43:37.360 --> 43:43.360]  stop it. So we're likely to have another foreclosure like that. If these guys are going to lose
[43:43.360 --> 43:50.160]  60 times the value of your mortgage if they can't foreclose, they're going to force you
[43:50.160 --> 43:56.280]  to foreclose and they'll pay off the judges and get it done. Hang on, Randy Kelton, Brett
[43:56.280 --> 44:00.600]  Fountain, we'll have our radio. We'll be right back.
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[46:10.080 --> 46:40.000]  Okay, Shane. We are back.
[46:40.000 --> 46:47.480]  Yeah. Well, yeah, I pretty much, Randy, I just, all I really wanted to do is let you
[46:47.480 --> 46:55.440]  know what's going on. And we did add the referee, a very ignorant referee, by the way. Okay.
[46:55.440 --> 46:58.800]  I mean, she just laughs at me and says, none of your stuff's going to work. You're going
[46:58.800 --> 47:02.920]  to end up losing a property. I'm paying for damages. And she's very cocky and arrogant,
[47:02.920 --> 47:06.720]  but that's how attorneys are. And I, you know, hey, if I was one, I might be, I might be
[47:06.720 --> 47:10.240]  too, because they know they're going to get away with it, but I'm doing everything I can
[47:10.240 --> 47:15.120]  on my end. I filed a bar grievance against them. I filed a judicial complaint against
[47:15.120 --> 47:20.640]  the county judge. And they don't care about the truth. They don't get, you're right. That's
[47:20.640 --> 47:24.080]  all about the money. And the insurance thing is something I heard about before. And I think
[47:24.080 --> 47:25.960]  it was you told me about this years ago.
[47:25.960 --> 47:29.440]  Yeah, these derivative insurance policies.
[47:29.440 --> 47:35.320]  Yes. Right. In fact, since you brought that up, the first time I heard it, you were on
[47:35.320 --> 47:41.280]  the Alex Jones show, I think it was like 10 years ago, long time ago, explaining exactly
[47:41.280 --> 47:44.240]  how it works. And that's what really woke me up.
[47:44.240 --> 47:46.240]  Good, good.
[47:46.240 --> 47:53.360]  So, in conclusion, I don't think there's anything else I can do except maybe file a TRO, temporary
[47:53.360 --> 47:59.360]  restraining order, in the state court. And just let's see how things pan out, I guess.
[47:59.360 --> 48:01.640]  I don't know what's going to happen.
[48:01.640 --> 48:06.240]  Okay, that's what, that was my case and most of the cases I help people with and never
[48:06.240 --> 48:14.800]  knew what they were going to pull. So it should be interesting. Okay, Shayna, thank you, Randy.
[48:14.800 --> 48:20.920]  Thank you for calling. Now we're going to go to Tina in California. Hello, Miss Tina.
[48:20.920 --> 48:22.920]  What do you have for us today?
[48:22.920 --> 48:39.240]  While she's adjusting her audio, let me ask you, Randy, about those derivatives, derivative
[48:39.240 --> 48:45.760]  insurance. Is that something, do those get reported in any kind of way to a governmental
[48:45.760 --> 48:48.360]  body where we can do a records request?
[48:48.360 --> 49:01.200]  I don't know, but I seriously doubt it. You have never heard of a body that gets reported
[49:01.200 --> 49:05.800]  to you. You would think that the insurance information is open records, but it's apparently
[49:05.800 --> 49:11.360]  not. You can find it, but you have to really dig for it. Actually, where you find it is
[49:11.360 --> 49:18.560]  in the county recorder's office. You have to look at each one and see if they have ruled
[49:18.560 --> 49:24.160]  against or for the person. I've talked to Dr. Joe and he's going to help me build a
[49:24.160 --> 49:35.800]  tool that will help to analyze these issues in a pretty sophisticated way, but I haven't
[49:35.800 --> 49:42.120]  got to it yet. It's like most of the stuff I'm doing. Okay, go ahead, Tina.
[49:42.120 --> 49:45.080]  You there, Tina?
[49:45.080 --> 49:47.720]  Yes, I'm here.
[49:47.720 --> 49:51.600]  Okay, you got that Bluetooth off. Good.
[49:51.600 --> 49:58.000]  Yes, I got the Bluetooth off. A couple of things, one in reference to what Shane was
[49:58.000 --> 50:04.160]  just saying and you were saying, it was my experience and I may be different because
[50:04.160 --> 50:11.720]  of the bank I was with. When I went to a sale of my property and I took all the documents
[50:11.720 --> 50:15.960]  and showed that I had a case and they said, we don't care about that. They said, we
[50:15.960 --> 50:20.360]  have attorneys and they'll just override this. We don't care. It doesn't matter to
[50:20.360 --> 50:25.360]  us, which I thought was very interesting. Then I talked to someone else and they said
[50:25.360 --> 50:31.480]  the same thing to them. Now that might be comic cornea, but I think Shane should file
[50:31.480 --> 50:35.480]  a TRO just in case.
[50:35.480 --> 50:39.920]  It's hard to get a TRO unless there's an underlying litigation.
[50:39.920 --> 50:47.760]  That's true. You have to have a litigation to get one. But it depends on the state, I
[50:47.760 --> 50:52.840]  think, as to how aggressive these people are and how they know if the attorneys can get
[50:52.840 --> 50:57.600]  around the judges. And we all know that California is one of the worst. Anyway, that's just my
[50:57.600 --> 51:04.200]  two cents worth for Shane and my experience. But today I have an interesting thing with
[51:04.200 --> 51:11.600]  the timeless treasures, the confinement store that we have under the gun in an adversary
[51:11.600 --> 51:19.440]  proceeding within her bankruptcy. And remember the last time I said we had a new judge who
[51:19.440 --> 51:27.160]  reamed her in the hearing and he ordered us all to be in the courtroom next time because
[51:27.160 --> 51:36.200]  she refuses to put on her video in the zoo. Now at the last hearing, he specifically asked
[51:36.200 --> 51:45.920]  her in detail, did you file anything to the IRS in 2016? And he went through each year
[51:45.920 --> 51:53.600]  and she muttered, well, yeah, I did this. I filed. It was an amendment or it was this.
[51:53.600 --> 51:58.880]  And she mumbled, he said, and in his order, he said, there are going to be no more games
[51:58.880 --> 52:05.160]  in my courtroom. And he ordered, his order says, defendant shall forward the aforementioned
[52:05.160 --> 52:15.240]  documents. Oh, and the documents are forward any and all documents submitted to any taxing
[52:15.240 --> 52:25.400]  authority for the tax years 2016, 17, 18 and 19 by defendant or on defendant's behalf
[52:25.400 --> 52:33.840]  for personal tax purposes, as well as any business defendant owned in the years 16 through
[52:33.840 --> 52:40.120]  19 or had an interest in. Defendants shall forward the aforementioned documents to plaintiffs
[52:40.120 --> 52:47.080]  through either certified mail with a return receipt or express overnight delivery, i.e.
[52:47.080 --> 52:56.400]  FedEx, UPS or DHL signature required upon delivery. Okay. He was very specific about
[52:56.400 --> 53:02.160]  that. And he said, and if any one of these plaintiffs say they didn't get it, one of
[53:02.160 --> 53:13.080]  the others will email it to them. And so today, and he gave it to April 8th, which was today.
[53:13.080 --> 53:20.760]  So today we get things in the mail. The only person who has to sign for it is me. And that
[53:20.760 --> 53:29.080]  is because I gave a UPS address, which is the package is too big to go into my box.
[53:29.080 --> 53:35.480]  You have to sign for it. Now the envelope that came in, normally if it says, doesn't
[53:35.480 --> 53:42.160]  say signature required. The others got it dumped on their doorstep. So no signature
[53:42.160 --> 53:52.280]  was required. In this package is three, you know, stapled documents, and it's timeless
[53:52.280 --> 54:01.960]  treasures P&L. Next year, whatever 2016 and expenses spelled with a C. And so she doesn't
[54:01.960 --> 54:07.080]  even know how to spell that. And at the bottom, it says total expenses, total amount received.
[54:07.080 --> 54:16.720]  I'm just taking, you know, one food for Phil and Andrea, $2,000, exactly $2,000 each month
[54:16.720 --> 54:25.320]  for the whole year. Your personal food is not supposed to be on a P&L. You know, personal
[54:25.320 --> 54:33.280]  rent, it says. And so my, she has not, this was not filed with the IRS. There's no filing
[54:33.280 --> 54:39.920]  stamp. There is no signature on it. It's just a simple, very, very simple spreadsheet. Two
[54:39.920 --> 54:48.960]  columns, one that says who it is or what it is. And then the other, the amount. My thought
[54:48.960 --> 55:01.680]  is to send a declaration to the court to state that on April 8th, plaintiffs received a three
[55:01.680 --> 55:10.760]  P&Ls. She's nothing for 2019, only for three years. And there is no personal detail on
[55:10.760 --> 55:16.880]  it. There's no, you know, there's not even a name, a business name. There's no social
[55:16.880 --> 55:21.280]  security number. There's no identifying information.
[55:21.280 --> 55:26.080]  And also it's not something that's been filed with these. That was the very first thing
[55:26.080 --> 55:32.080]  he says. He says anything that's been filed with these taxing authorities. So what difference
[55:32.080 --> 55:37.560]  does it make if she produces something else that wasn't filed? Here's my favorite toilet
[55:37.560 --> 55:41.120]  paper. Here's my neighbor's favorite toilet paper.
[55:41.120 --> 55:50.280]  Well, she's, and he did say, right at the start, he said, I get really grumpy if people
[55:50.280 --> 55:59.000]  don't take notice of my orders. So my thought is I don't want to, if I file it, you know,
[55:59.000 --> 56:04.000]  through this special filing thing, I've got it automatically goes onto PACER. Now I don't
[56:04.000 --> 56:08.960]  want to incur the wrath of the judge by filing something with all these figures on, even
[56:08.960 --> 56:15.880]  though there's no identifying information. My thought is to just say, here's the declaration.
[56:15.880 --> 56:22.560]  This is what we received. It is not compliant with the judge's order of and the date his
[56:22.560 --> 56:28.800]  order is. Only one person had to sign for it because the package was too big for the
[56:28.800 --> 56:39.680]  box. And then just say, plaintiffs will forward this to the judge if he so requests before
[56:39.680 --> 56:46.080]  the status conference hearing, because we'd like him to get a look at it well ahead of
[56:46.080 --> 56:50.920]  time, but I don't want to file it because if I do, it automatically goes to PACER.
[56:50.920 --> 56:55.960]  Don't you get an option for when you're e-filing, you get an option for checking the box that's
[56:55.960 --> 57:06.360]  for in-camera. So the judge gets the opportunity to review it in chambers without it being
[57:06.360 --> 57:14.120]  public? No, not with a pro se litigants in bankruptcy
[57:14.120 --> 57:20.800]  court, at least our bankruptcy court, you do not have that option. You have a special
[57:20.800 --> 57:28.800]  drop box link that you have to apply for to be able to file by online instead of mailing
[57:28.800 --> 57:40.640]  it in. And anything you file goes automatically to PACER. So I don't want to file it and incur
[57:40.640 --> 57:48.080]  the rough because it does have financial information on, but it's worthless. I mean, you can't
[57:48.080 --> 57:58.760]  have a P&L from 2016 that says your food expenses were exactly 2000 each month. That's a projection.
[57:58.760 --> 58:07.560]  That's not an actual, right? I have no idea what that would be useful for.
[58:07.560 --> 58:15.880]  Somebody serves 17 raisins per minute or something. So it's my idea of just filing a declaration
[58:15.880 --> 58:20.920]  stating this is what we received. It's not compliant with the judge's order, but we will
[58:20.920 --> 58:25.200]  forward it to the court if they so request. Otherwise we will bring it to the status conference
[58:25.200 --> 58:29.680]  too. Makes sense to me. What do you think, Brandy?
[58:29.680 --> 58:37.160]  Does that make sense? Seemed like a good way to do it. He's waiting. He wants to jump off
[58:37.160 --> 58:43.040]  the cliff. Yeah, I think he does. Somebody snuck up and
[58:43.040 --> 58:46.840]  muted my voice. Who would do such a thing?
[58:46.840 --> 58:52.440]  It is a strange phenomenon. Would you like to make more definite progress
[58:52.440 --> 58:56.840]  in your walk with God? Bibles for America is offering a free study
[58:56.840 --> 59:02.000]  Bible and a set of free Christian books that can really help. The New Testament Recovery
[59:02.000 --> 59:07.480]  Version is one of the most comprehensive study Bibles available today. It's an accurate translation
[59:07.480 --> 59:11.760]  and it contains thousands of footnotes that will help you to know God and to know the
[59:11.760 --> 59:15.840]  meaning of life. The free books are a three-volume set called
[59:15.840 --> 59:20.860]  Basic Elements of the Christian Life. Chapter by chapter, Basic Elements of the Christian
[59:20.860 --> 59:26.840]  Life clearly presents God's plan of salvation, growing in Christ, and how to build up the
[59:26.840 --> 59:29.880]  Church. To order your free New Testament Recovery
[59:29.880 --> 59:36.440]  Version and Basic Elements of the Christian Life, call Bibles for America toll-free at
[59:36.440 --> 01:00:02.200]  888-551-0102. That's 888-551-0102. Or visit us online at bfa.org.
[01:00:02.200 --> 01:00:06.960]  The Bill of Rights contains the first 10 amendments of our Constitution. They guarantee the specific
[01:00:06.960 --> 01:00:10.800]  freedoms Americans should know and protect. Our liberty depends on it.
[01:00:10.800 --> 01:00:14.720]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[01:00:14.720 --> 01:00:19.720]  one of your constitutional rights. Privacy is under attack. When you give up
[01:00:19.720 --> 01:00:24.580]  data about yourself, you'll never get it back again. And once your privacy is gone, you'll
[01:00:24.580 --> 01:00:30.320]  find your freedoms will start to vanish too. So protect your rights. Say no to surveillance
[01:00:30.320 --> 01:00:35.320]  and keep your information to yourself. Privacy, it's worth hanging onto.
[01:00:35.320 --> 01:00:39.600]  This public service announcement is brought to you by StartPage.com, the private search
[01:00:39.600 --> 01:00:46.600]  engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[01:00:46.600 --> 01:00:50.500]  Imagine your mom and dad are getting ready for bed. They pull back the covers and find
[01:00:50.500 --> 01:00:55.220]  a third party there. He announces, I'm with the military and I'm sleeping here tonight.
[01:00:55.220 --> 01:00:59.360]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment
[01:00:59.360 --> 01:01:04.200]  was designed to prevent. It protects us from being forced to share our homes with soldiers,
[01:01:04.200 --> 01:01:07.280]  a common demand in the days of our founding fathers.
[01:01:07.280 --> 01:01:11.600]  Third party? Third Amendment? Get it? So if you answer a knock at your door and guys in
[01:01:11.600 --> 01:01:15.960]  fatigues demand lodging, tell them to dust off their copy of the Bill of Rights and re-read
[01:01:15.960 --> 01:01:19.800]  the Third Amendment. I'm Dr. Catherine Albrecht. More news and information
[01:01:19.800 --> 01:01:33.720]  at CatherineAlbrecht.com. The Bill of Rights contains the first ten
[01:01:33.720 --> 01:01:38.080]  amendments of our Constitution. They guarantee the specific freedoms Americans should know
[01:01:38.080 --> 01:01:42.320]  and protect. Our liberty depends on it. I'm Dr. Catherine Albrecht and I'll be right
[01:01:42.320 --> 01:01:47.440]  back with an unforgettable way to remember one of your constitutional rights.
[01:01:47.440 --> 01:01:51.800]  Privacy is under attack. When you give up data about yourself, you'll never get it back
[01:01:51.800 --> 01:01:57.400]  again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.400 --> 01:02:03.560]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy,
[01:02:03.560 --> 01:02:08.720]  it's worth hanging on to. This public service announcement is brought to you by StartPage.com,
[01:02:08.720 --> 01:02:16.680]  the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[01:02:16.680 --> 01:02:22.040]  Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles.
[01:02:22.040 --> 01:02:26.520]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable
[01:02:26.520 --> 01:02:31.160]  search and seizure. Fourth Amendment? Four eyes staring at you? Get it?
[01:02:31.160 --> 01:02:34.480]  Unfortunately, the government is trampling our Fourth Amendment rights in the name of
[01:02:34.480 --> 01:02:40.360]  security. Case in point, TSA airport scanners that peer under your clothing. When government
[01:02:40.360 --> 01:02:44.920]  employees demand a peep at your privates without probable cause, I say it's time to sound
[01:02:44.920 --> 01:02:49.360]  the constitutional alarm bells. Join me in asking our representatives to dust off the
[01:02:49.360 --> 01:02:54.640]  Bill of Rights and use their googly eyes to take a gander at the Fourth. I'm Dr. Catherine
[01:02:54.640 --> 01:03:15.920]  Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:15.920 --> 01:03:33.600]  Good morning, good morning, good morning. I will light up my father's house until he
[01:03:33.600 --> 01:03:44.960]  returns. He has loved me with his strength and wisdom. He will help me find my father's
[01:03:44.960 --> 01:04:10.480]  Okay, we are back, Randy Kelton, Brett Fountain, Google our radio, and Brett just told me it's
[01:04:10.480 --> 01:04:17.560]  top of the hour so I can say the date. But he forgot to remind me of what day it was.
[01:04:17.560 --> 01:04:31.840]  Oh, my bad. We are back with our radio on this Friday, the 8th day of April 2022. And we're
[01:04:31.840 --> 01:04:34.360]  talking to Tina in California. Okay, where are we, Tina?
[01:04:34.360 --> 01:04:41.640]  Well, I was wanting you guys to weigh in on the declaration letting the judge know that
[01:04:41.640 --> 01:04:50.600]  the defendant did not follow his order to the letter. He was very specific about following
[01:04:50.600 --> 01:04:58.280]  his orders to the letter. So filing a motion or request for sanctions
[01:04:58.280 --> 01:05:07.000]  against the opposing counsel. That would be exciting. Along with a judicial
[01:05:07.000 --> 01:05:12.560]  notice that the paperwork submitted was non-compliant with the judge's order.
[01:05:12.560 --> 01:05:27.400]  There is a bar agreement to that, a bar association standard. Do you know what is offhand, Brett?
[01:05:27.400 --> 01:05:33.200]  There's a rule for the attorney to follow? Yeah, there's a bar standard.
[01:05:33.200 --> 01:05:39.120]  That says what? That if the prosecutor doesn't follow the
[01:05:39.120 --> 01:05:47.640]  orders of the court, it's in the area of malpractice. I haven't seen that one. I haven't called
[01:05:47.640 --> 01:05:54.040]  it out as one that I consider common. I remember addressing that. I just don't
[01:05:54.040 --> 01:06:00.600]  remember exactly where. Well, the difference is here that these defendants
[01:06:00.600 --> 01:06:10.720]  are now pro se. They've gone through six attorneys. They are currently pro se in this arena unless
[01:06:10.720 --> 01:06:17.120]  they find an attorney, which so far they said they've interviewed 40 and nobody will take
[01:06:17.120 --> 01:06:25.640]  it on except one who wanted $25,000 retainer up front, which they claim they don't have.
[01:06:25.640 --> 01:06:33.280]  So her past experiences with attorneys, all of them with going for failure to comply with
[01:06:33.280 --> 01:06:40.000]  contractual obligations, which basically says she didn't pay us. And one of them said she
[01:06:40.000 --> 01:06:46.520]  ignores our advice and refuses to comply. So they're both currently pro se. So we
[01:06:46.520 --> 01:06:51.600]  can't file a complaint. The judge is really on top of it. So I'm thinking just letting
[01:06:51.600 --> 01:06:57.160]  him know, hey, she didn't follow your orders. Let's just, you do what you want to do because
[01:06:57.160 --> 01:07:04.160]  he did indicate that he was having no more games. We were going to follow his orders
[01:07:04.160 --> 01:07:10.400]  or else. So I think just letting him know that she didn't follow his orders is sufficient
[01:07:10.400 --> 01:07:17.640]  to incur his wrath. And taking a picture of maybe the envelope, which doesn't say signature
[01:07:17.640 --> 01:07:18.640]  required.
[01:07:18.640 --> 01:07:28.920]  Well, if you want some pictures that are good, I can Photoshop some for you. Do you have
[01:07:28.920 --> 01:07:34.240]  any pictures of you weighing 360 pounds naked?
[01:07:34.240 --> 01:07:45.760]  No, that would be it. I can do that for you. I'm sure you could. But while you could do
[01:07:45.760 --> 01:07:51.760]  that, you still haven't provided me with a copy of that complaint regarding Mnuchin so
[01:07:51.760 --> 01:07:58.600]  that I can turn it into a generic one for everyone to do. I've sent you three emails.
[01:07:58.600 --> 01:08:04.720]  You're ignoring me and you're very churlish and I'm very upset. Oh my goodness. Okay.
[01:08:04.720 --> 01:08:13.600]  I am opening my mail server right now and I will send you those documents as we speak.
[01:08:13.600 --> 01:08:14.600]  Yes.
[01:08:14.600 --> 01:08:19.400]  Except I'm not good at multitasking.
[01:08:19.400 --> 01:08:26.000]  You may be usurped as the radio. I was on talk radio here in San Luis the other day
[01:08:26.000 --> 01:08:31.560]  with somebody who's been on a talk radio show host for 30 years. Turns out he was my professor
[01:08:31.560 --> 01:08:37.920]  back in 1987. And he kept teasing me because I forgot his name, but he didn't forget me.
[01:08:37.920 --> 01:08:38.920]  Interesting.
[01:08:38.920 --> 01:08:48.040]  So does he also speak with a strange foreign accent?
[01:08:48.040 --> 01:08:56.640]  Oh no, no, he's American. But I told him that's probably why he remembered me because I spoke
[01:08:56.640 --> 01:09:01.560]  funny and he had to remember someone who spoke funny in a speech communication class.
[01:09:01.560 --> 01:09:05.560]  Oh, so you weren't his student when you were in England.
[01:09:05.560 --> 01:09:10.680]  No, I was a student here in California in 1987.
[01:09:10.680 --> 01:09:24.800]  Oh, okay. I am digging through my archives to find the Mnuchin documents and you wanna
[01:09:24.800 --> 01:09:31.640]  see the complaints I filed against the district attorney for not acting on the complaints
[01:09:31.640 --> 01:09:33.560]  against Mnuchin?
[01:09:33.560 --> 01:09:40.040]  That's correct because I wanted to turn it into a generic one. Brett had said turn it
[01:09:40.040 --> 01:09:47.080]  into instead of your name or my put affiant or the undersigned and then anybody can take
[01:09:47.080 --> 01:09:55.160]  that and can file it so that they might get 10, 12, 15 identical complaints and then they
[01:09:55.160 --> 01:10:00.920]  might have to just do something because they're getting a lot of flak.
[01:10:00.920 --> 01:10:10.640]  Okay, I am sending you the documents right now.
[01:10:10.640 --> 01:10:15.920]  Okay, I'm gonna check my email to make sure and if it's not there, I'll come back at
[01:10:15.920 --> 01:10:18.840]  the end of the hour and let you know.
[01:10:18.840 --> 01:10:21.000]  And you'll be churlish.
[01:10:21.000 --> 01:10:23.400]  I will be very churlish.
[01:10:23.400 --> 01:10:31.360]  Okay, I've sent criminal complaints against Drummond, Garza, Price. I've got one here
[01:10:31.360 --> 01:10:36.440]  Texas Ranger Docs. I may have put a complaint to the Texas Ranger but I don't think I've
[01:10:36.440 --> 01:10:40.000]  sent that one. But you'll find a bunch of stuff in there.
[01:10:40.000 --> 01:10:44.600]  Okay, and I did send you, I hope you guys got it, I sent it to both of you, the one
[01:10:44.600 --> 01:10:53.080]  on the attorney going against the judges in Florida. The one who said he has a first amendment
[01:10:53.080 --> 01:11:01.520]  right to attack the judges but it was a State Bar versus Bruce Jacobs.
[01:11:01.520 --> 01:11:07.960]  Okay, I don't think I saw that one. I think I hurried about it but I don't believe I
[01:11:07.960 --> 01:11:08.960]  saw it.
[01:11:08.960 --> 01:11:13.080]  I sent it to you yesterday but I can resend it if you want.
[01:11:13.080 --> 01:11:16.520]  Okay, I will probably have it.
[01:11:16.520 --> 01:11:21.040]  You don't need to resend it to me. I saw it was there yesterday. I haven't gotten into
[01:11:21.040 --> 01:11:23.400]  it yet but I saw it was there.
[01:11:23.400 --> 01:11:28.880]  Okay, there. I'm having a little trouble. My server is slowing down sending you all
[01:11:28.880 --> 01:11:34.200]  these documents. Okay, what was this woman's name again?
[01:11:34.200 --> 01:11:40.200]  The Florida State Bar versus Bruce Jacobs.
[01:11:40.200 --> 01:11:47.360]  Jacobs, I don't remember that one. I'll have to look that up.
[01:11:47.360 --> 01:11:53.080]  Yeah, just look at it and then I'll let you go and get to some more callers. Anyway,
[01:11:53.080 --> 01:11:57.160]  I'm going to file my declaration and I'm going to let this judge know that this person,
[01:11:57.160 --> 01:12:02.280]  she has not learned yet that every time she does something, I file a declaration with
[01:12:02.280 --> 01:12:09.080]  the court to let the judge know what's going on. She must be stupid. I've done it every
[01:12:09.080 --> 01:12:11.640]  time and she hasn't learned yet.
[01:12:11.640 --> 01:12:18.000]  Well, you need someone who can take her to task for stupid. Like a-
[01:12:18.000 --> 01:12:21.000]  Well, this judge can take her to task.
[01:12:21.000 --> 01:12:22.000]  Yeah, good.
[01:12:22.000 --> 01:12:27.200]  Anyway, I'll get off and let you talk to someone else. Thanks.
[01:12:27.200 --> 01:12:34.280]  Okay, thank you, Tina. Now we're going to go to Dan in Connecticut. Hello, Dan.
[01:12:34.280 --> 01:12:41.040]  Hey, how's it going? I heard a foreclosure story and it reminded me of a war story that
[01:12:41.040 --> 01:12:47.640]  I had myself and I'll keep it brief because I have way too much fun. Years ago, my aunt
[01:12:47.640 --> 01:12:54.280]  had died, but she died without a will and she left the condo. What ended up happening
[01:12:54.280 --> 01:13:00.760]  was my grandfather, because of the laws of intestate succession, turns out he inherited
[01:13:00.760 --> 01:13:08.480]  the condo. However, because of some condo association lawyers messed up, they automatically
[01:13:08.480 --> 01:13:14.760]  assumed that my sister and I had actually inherited the condo and we actually didn't.
[01:13:14.760 --> 01:13:21.800]  So the condo association lawyer went after me and my sister for the fees and the foreclosure
[01:13:21.800 --> 01:13:28.520]  firm that was actually going after the condo ended up suing me for foreclosure for a condo
[01:13:28.520 --> 01:13:36.320]  that I never owned. And you wouldn't believe what happened, Randy. I had so much fun with
[01:13:36.320 --> 01:13:44.400]  them. The condo association's lawyer, it turns out, had done a bill and they billed both
[01:13:44.400 --> 01:13:50.120]  of us $500 for a title search. And I'm just talking to one of my attorney buddies and
[01:13:50.120 --> 01:13:53.720]  going, you know, would you like to make some beer money? You represent my sister, I'll
[01:13:53.720 --> 01:14:00.160]  represent me. We'll just tag team them. We each got a check. My sister got a check and
[01:14:00.160 --> 01:14:06.300]  I got a check. And then the foreclosure firm, of course, not quite picking up that I wasn't
[01:14:06.300 --> 01:14:12.520]  your average pro se from hell, they decided to foreclose on me. So when I confronted them
[01:14:12.520 --> 01:14:17.240]  in front of the court that, you know, maybe they screwed up, they said, well, first I
[01:14:17.240 --> 01:14:23.980]  have to disinherit it. And I said, no, I cannot disinherit what I have not yet actually inherited.
[01:14:23.980 --> 01:14:29.960]  And so I did a motion to dismiss. So here's the unfortunate part. They in front of a judge
[01:14:29.960 --> 01:14:35.520]  were actually trying to say that my deceased aunt was my deceased mother. You know what
[01:14:35.520 --> 01:14:38.720]  happened? I got a check.
[01:14:38.720 --> 01:14:47.600]  So the point of the story is when you're, when you're dealing with foreclosures and
[01:14:47.600 --> 01:14:53.360]  all sorts of stuff like that, a lot of these firms, they, they really don't pay attention.
[01:14:53.360 --> 01:14:59.080]  I think right now my record for keeping someone in a house without paying the mortgages, I
[01:14:59.080 --> 01:15:04.560]  don't know, 13 years, I believe in still counting. And I think there was another, the monetary
[01:15:04.560 --> 01:15:10.120]  record that guy was in his house for 10 years. And I think the bank paid him 30 grand to
[01:15:10.120 --> 01:15:12.520]  not sue them.
[01:15:12.520 --> 01:15:19.160]  So more of a story is generally these guys are pretty dumb. So make sure they cross their
[01:15:19.160 --> 01:15:24.920]  eyes and dots or T's and, oh yeah. So it's, it's, it's great. Big fun.
[01:15:24.920 --> 01:15:29.840]  Wow. Way to go. It's pretty cool.
[01:15:29.840 --> 01:15:36.440]  But yeah, it just reminded me of that story. I figured everyone would kind of get a chuckle
[01:15:36.440 --> 01:15:41.520]  out of that. And who knew that my deceased aunt was my deceased mother. Oh, oh wait.
[01:15:41.520 --> 01:15:47.400]  I almost forgot the best part about it. So the judge was basically trying to, I think
[01:15:47.400 --> 01:15:52.560]  for lack of a better term, white people that there's normally in front of a regular judge
[01:15:52.560 --> 01:15:58.000]  when an attorney is lying like that, the judge would automatically refer him for a bar grievance.
[01:15:58.000 --> 01:16:02.520]  So this particular judge was trying to pretend, Oh no, this guy's got no legal training. I
[01:16:02.520 --> 01:16:09.720]  mean, I, you know, I mean, the case did end up going my way, but so it turns out fast
[01:16:09.720 --> 01:16:15.640]  forward years later, this particular judge that tried to cover up for that firm in my
[01:16:15.640 --> 01:16:22.240]  case, she was actually the subject of a show cause order from the Connecticut Supreme court
[01:16:22.240 --> 01:16:27.320]  targeting her for removal from the bench for not actually doing her job as a judge for
[01:16:27.320 --> 01:16:34.480]  the last two and a half years. Wow. So, um, I guess the other moral of the story is sometimes
[01:16:34.480 --> 01:16:41.480]  the good guys win and the bad people get what they deserve.
[01:16:41.480 --> 01:16:53.600]  Randy, are you there? You're going to jump off the cliff? I think you did, but I'll leave
[01:16:53.600 --> 01:17:02.360]  you to it. Okay. We'll be right back. Are you being harassed by debt collectors with
[01:17:02.360 --> 01:17:07.760]  phone calls, letters, or even lawsuits? Stop debt collectors now with the Michael Mears
[01:17:07.760 --> 01:17:12.840]  proven method. Michael Mears has won six cases in federal court against debt collectors.
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[01:17:17.920 --> 01:17:23.480]  in court using federal civil rights statutes, what to do when contacted by phone mail or
[01:17:23.480 --> 01:17:28.000]  court summons, how to answer letters and phone calls, how to get debt collectors out of your
[01:17:28.000 --> 01:17:33.760]  credit report, how to turn the financial tables on them and make them pay you to go away.
[01:17:33.760 --> 01:17:38.880]  The Michael Mears proven method is the solution for how to stop debt collectors. Personal
[01:17:38.880 --> 01:17:44.280]  consultation is available as well. For more information, please visit ruleoflawradio.com
[01:17:44.280 --> 01:17:49.560]  and click on the blue Michael Mears banner or email michaelmears at yahoo.com. That's
[01:17:49.560 --> 01:17:59.080]  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
[01:17:59.080 --> 01:18:04.560]  now. I love Logos. Without the shows on this network, I'd be almost as ignorant as my friends.
[01:18:04.560 --> 01:18:08.760]  I'm so addicted to the truth now that there's no going back. I need my truth fixed. I'd
[01:18:08.760 --> 01:18:13.680]  be lost without Logos. And I really want to help keep this network on the air. I'd love
[01:18:13.680 --> 01:18:17.320]  to volunteer as a show producer, but I'm a bit of a Luddite and I really don't have any
[01:18:17.320 --> 01:18:24.000]  money to give because I spent it all on supplements. How can I help Logos? Well, I'm glad you asked.
[01:18:24.000 --> 01:18:28.280]  Whenever you order anything from Amazon, you can help Logos. You can order your supplies
[01:18:28.280 --> 01:18:34.000]  or holiday gifts. First thing you do is clear your cookies. Now, go to LogosRadioNetwork.com.
[01:18:34.000 --> 01:18:40.000]  Click on the Amazon logo and bookmark it. Now, when you order anything from Amazon,
[01:18:40.000 --> 01:18:45.760]  you use that link and Logos gets a few pesos. Do I pay extra? No. Do you have to do anything
[01:18:45.760 --> 01:18:52.320]  different when I order? No. Can I use my Amazon Prime? No. I mean, yes. Wow, giving without
[01:18:52.320 --> 01:18:58.680]  doing anything or spending any money. This is perfect. Thank you so much. We are welcome.
[01:18:58.680 --> 01:19:27.600]  Happy holidays, Logos.
[01:19:29.560 --> 01:19:41.280]  Okay. Howdy, howdy. Randy Kelton, Brett Fountain, Rue Blah Radio, and we're going to Batista.
[01:19:41.280 --> 01:19:53.080]  If you're in 602 area code, talk to us. Looks like a first time caller. Well, maybe we lost
[01:19:53.080 --> 01:19:59.920]  them. Okay. Well, if we have time, we'll come back to you. Now we're going to another what
[01:19:59.920 --> 01:20:11.560]  appears to be a first time caller. If you are in the 432 area code, talk to us. Hello.
[01:20:11.560 --> 01:20:25.840]  Give me a first name and a state. Well, I actually called before I'm the rebel. He called
[01:20:25.840 --> 01:20:35.400]  me rebel. It's certainly not my name. I'm the rebel as everyone, everyone with any sanity
[01:20:35.400 --> 01:20:43.960]  in this country should be a rebel. I guess that's more precise. I'm a rebel. I hope I'm
[01:20:43.960 --> 01:20:54.980]  not. I hope I'm not. Okay. I'm confused. I was very disappointed. What happened? Okay.
[01:20:54.980 --> 01:21:04.160]  What happened was I was disappointed in you guys, but no, I don't recall an 11th commandment
[01:21:04.160 --> 01:21:15.200]  thou shalt not complain, or thou shalt not offer constructive criticism. Here's the
[01:21:15.200 --> 01:21:31.920]  deal. A man's life is in jeopardy. And I'll give you a quick review. If anybody's listening,
[01:21:31.920 --> 01:21:44.840]  no situation. Here's the deal. A man in a neighborhood in a city here in Texas in a
[01:21:44.840 --> 01:21:59.040]  typical house, a young man, a young boy, 16, driving around the neighborhood in an ATV
[01:21:59.040 --> 01:22:05.280]  and he encountered the lad and he flagged him and he would not. Wait, wait, wait, wait,
[01:22:05.280 --> 01:22:12.120]  wait. You're using way too many pronouns. He, he, he, who is he? He encountered a young
[01:22:12.120 --> 01:22:22.800]  man. The man encountered the young man on an ATV. Wait, wait, wait, wait. The man. Okay.
[01:22:22.800 --> 01:22:28.520]  Someone encountered a young man on an ATV. I think he's not a policeman or anything like
[01:22:28.520 --> 01:22:39.560]  that. No, no, no. It's a common man in a neighborhood and a young boy running around the neighborhood
[01:22:39.560 --> 01:22:53.960]  in an ATV, which is of course not safe and not legal. Okay, move along. You're taking
[01:22:53.960 --> 01:23:01.520]  a long time. Is this the one about the, the somebody went over into somebody else's yard
[01:23:01.520 --> 01:23:06.720]  and then the father chased back and went and somebody shot some of each other on somebody's
[01:23:06.720 --> 01:23:12.720]  property? I can tell you, I can tell you, I can tell you. Is that the story? Yeah, exactly
[01:23:12.720 --> 01:23:25.360]  what happened. He, he returned to his house and the dad was angry and his son was 16 was
[01:23:25.360 --> 01:23:36.880]  with him in the pickup truck and they drove over to the man's house who had tried to flag
[01:23:36.880 --> 01:23:43.480]  down the young boy and he wouldn't talk to him. And the man was in his yard, watering
[01:23:43.480 --> 01:23:54.200]  his yard and the boy and his dad who was angry at the encounter or the lack of encounter
[01:23:54.200 --> 01:24:02.160]  and he drove up to the house and got out of his pickup and ran towards him and this guy
[01:24:02.160 --> 01:24:11.200]  killed him. He's standing in the yard with a friend, a neighbor and water in his yard
[01:24:11.200 --> 01:24:16.000]  and the guy pulls up in his pickup with his boy. Okay, okay. You're going over the same
[01:24:16.000 --> 01:24:22.280]  things over and over. You're not getting to the point. The guy killed the fellow who ran
[01:24:22.280 --> 01:24:31.400]  into his yard. What'd he kill him with? Killed him with a pistol, a semi-automatic pistol.
[01:24:31.400 --> 01:24:36.560]  The guy was in his yard, water in his yard and the guy pulls up in a pickup, gets out
[01:24:36.560 --> 01:24:42.280]  of the pickup and runs toward him. Okay, hold on. Was the yard, did it have any kind of
[01:24:42.280 --> 01:24:51.520]  fence around it? No, it was front yard. So there was no barrier. No. Marking where the
[01:24:51.520 --> 01:24:57.740]  guy could go and not go. No, there's a typical driveway. Okay, okay. So, so he shot someone
[01:24:57.740 --> 01:25:02.880]  he felt like was attacking him on his own property. Okay, let's go on to next. Is this
[01:25:02.880 --> 01:25:05.680]  the guy that's being prosecuted?
[01:25:05.680 --> 01:25:17.660]  Yes, and I'm thinking he was, well, he's sent to prison. And I'm just curious, the reason
[01:25:17.660 --> 01:25:28.200]  I'm calling is I'm thinking that this man had a right to defend himself and that someone
[01:25:28.200 --> 01:25:38.480]  running at you, you know, if you know martial arts, or even if you don't, your life is in
[01:25:38.480 --> 01:25:40.840]  jeopardy. Some people don't-
[01:25:40.840 --> 01:25:47.040]  Okay, wait, wait. I got all that, but you have taken a long time to give us just a couple
[01:25:47.040 --> 01:25:57.760]  of details. Where are you going? So your question is, was the person in the right shooting this
[01:25:57.760 --> 01:26:00.800]  person? How many times did you shoot him?
[01:26:00.800 --> 01:26:02.840]  One.
[01:26:02.840 --> 01:26:12.040]  So on the surface from what you've told, it appears as though the guy was within his rights
[01:26:12.040 --> 01:26:16.340]  to protect his property and his person and the right to use force and the right to use
[01:26:16.340 --> 01:26:17.340]  deadly force.
[01:26:17.340 --> 01:26:20.520]  But he's in prison.
[01:26:20.520 --> 01:26:26.600]  Okay, so what was put, was he tried before a jury?
[01:26:26.600 --> 01:26:31.040]  Yeah, what facts were brought up? There must be more than that.
[01:26:31.040 --> 01:26:37.680]  Yeah, one I wanna get to, did he take a deal? Did he go to court? Was he adjudicated by
[01:26:37.680 --> 01:26:43.640]  a court or a jury? How did he get in prison?
[01:26:43.640 --> 01:26:54.640]  Okay, well, that's the discussion we had before, and that's all there is to it. Now, my thought-
[01:26:54.640 --> 01:27:00.240]  No, no, no, that is not all there is to it. I guarantee you, we're not getting all the
[01:27:00.240 --> 01:27:09.240]  information. In Texas, the law is clear. You have the right to protect your property and
[01:27:09.240 --> 01:27:14.720]  your person. You have no duty to withdraw. If you are not the aggressor, you have no
[01:27:14.720 --> 01:27:17.080]  duty to withdraw.
[01:27:17.080 --> 01:27:20.920]  Something else is going on here. We're not getting all the facts.
[01:27:20.920 --> 01:27:29.080]  Well, you are getting all the facts, and that's why I'm calling, because there's a big problem
[01:27:29.080 --> 01:27:30.080]  here.
[01:27:30.080 --> 01:27:36.920]  Okay, what was presented to the jury?
[01:27:36.920 --> 01:27:40.120]  My understanding is-
[01:27:40.120 --> 01:27:41.120]  Do you have the record?
[01:27:41.120 --> 01:27:42.120]  Of course.
[01:27:42.120 --> 01:27:43.120]  The actual reporter?
[01:27:43.120 --> 01:27:57.520]  Have you read the court file? What motions or pleadings were filed?
[01:27:57.520 --> 01:28:01.280]  Because it wouldn't do much good to just say, my understanding is, you'd have to be able
[01:28:01.280 --> 01:28:09.160]  to reference, is it there or is it not there, in a definitive kind of way?
[01:28:09.160 --> 01:28:17.200]  Let me explain. I get these kinds of arguments, issues. Brett gets these kinds of issues all
[01:28:17.200 --> 01:28:18.200]  the time.
[01:28:18.200 --> 01:28:24.760]  If it's not a real case, a hypothetical case, you agree with me then that there's a definite
[01:28:24.760 --> 01:28:37.040]  right of appeal, to make an appeal on this case. Just assuming that the situation that
[01:28:37.040 --> 01:28:39.880]  I was presented forgets and-
[01:28:39.880 --> 01:28:44.000]  Wait a minute, wait a minute. Now you've shifted another gear.
[01:28:44.000 --> 01:28:49.600]  Well, if it was another situation just like that, that I presented, then there's a right
[01:28:49.600 --> 01:28:52.320]  to appeal, and that is the case.
[01:28:52.320 --> 01:29:00.640]  Has he been denied the right to appeal?
[01:29:00.640 --> 01:29:09.080]  What has happened is that he's a friend of a friend, and my understanding is that he
[01:29:09.080 --> 01:29:19.160]  went into a depression and he can't even hardly think straight. And now he's in prison where
[01:29:19.160 --> 01:29:30.480]  he's being abused and subject to the turmoil of prison.
[01:29:30.480 --> 01:29:34.120]  What do you want from us? What are you asking?
[01:29:34.120 --> 01:29:38.280]  Does he have a right to appeal?
[01:29:38.280 --> 01:29:41.400]  I don't know the facts of the case. I don't know if he did appeal. I don't know if he
[01:29:41.400 --> 01:29:43.080]  preserved his right to appeal.
[01:29:43.080 --> 01:29:50.640]  Well, if there was a hypothetical case, as I presented it, would that hypothetical man
[01:29:50.640 --> 01:29:51.640]  have-
[01:29:51.640 --> 01:29:59.000]  Hypothetically, you will always have a right to appeal if you have preserved the issue.
[01:29:59.000 --> 01:30:00.000]  If you have-
[01:30:00.000 --> 01:30:06.800]  A top cybersecurity expert has a warning for America. If you build an electrical smart
[01:30:06.800 --> 01:30:11.120]  grid, the hackers will come, and they could cause a catastrophic blackout.
[01:30:11.120 --> 01:30:16.320]  I'm Dr. Catherine Albrecht, back with the shocking details in a moment.
[01:30:16.320 --> 01:30:20.600]  Privacy is under attack. When you give up data about yourself, you'll never get it
[01:30:20.600 --> 01:30:25.720]  back again. And once your privacy is gone, you'll find your freedoms will start to vanish
[01:30:25.720 --> 01:30:32.880]  too. So protect your rights. Say no to surveillance and keep your information to yourself. Privacy,
[01:30:32.880 --> 01:30:38.200]  it's worth hanging onto. This message is brought to you by Startpage.com, the private search
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[01:30:45.880 --> 01:30:49.800]  Governments love power, so it's only natural they'd want to control the power going into
[01:30:49.800 --> 01:30:54.940]  your home, too, with a smart grid. So they're installing a national network of smart meters
[01:30:54.940 --> 01:31:00.540]  to remotely monitor electric use for efficiency and avoid grid failure. But cybersecurity
[01:31:00.540 --> 01:31:05.520]  expert David Chalk says not so fast. If we make the national power grid controllable through
[01:31:05.520 --> 01:31:11.000]  the web, hackers will have a field day. Working remotely, they could tap in and black out
[01:31:11.000 --> 01:31:16.560]  the entire nation, leaving us vulnerable to our enemies. I've long opposed smart meters
[01:31:16.560 --> 01:31:22.080]  for privacy and health reasons. The catastrophic failures caused by hackers? There's nothing
[01:31:22.080 --> 01:31:23.440]  smart about that.
[01:31:23.440 --> 01:31:31.360]  I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine.
[01:31:31.360 --> 01:31:36.720]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.720 --> 01:31:42.160]  The government says that fire brought it down. However, 1,500 architects and engineers concluded
[01:31:42.160 --> 01:31:46.200]  it was a controlled demolition. Over 6,000 of my fellow service members have given their
[01:31:46.200 --> 01:31:50.640]  lives. And thousands of my fellow first responders are dying. I'm not a conspiracy theorist.
[01:31:50.640 --> 01:31:53.840]  I'm a structural engineer. I'm a New York City correction officer. I'm an Air Force
[01:31:53.840 --> 01:31:58.800]  pilot. I'm a father who lost his son. We're Americans, and we deserve the truth. Go to
[01:31:58.800 --> 01:32:02.800]  RememberBuilding7.org today.
[01:32:02.800 --> 01:32:06.760]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar. In today's America,
[01:32:06.760 --> 01:32:09.680]  we live in an us-against-them society. And if we, the people, are ever going to have
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[01:32:13.760 --> 01:32:16.960]  rights are the right to travel freely from place to place, the right to act in our own
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[01:32:57.120 --> 01:33:25.680]  have the free society we all want and deserve.
[01:33:27.120 --> 01:33:34.120]  We use it against the workers of iniquity. Tools and mass of capability. Failure of all
[01:33:34.120 --> 01:33:43.120]  of eternity. They come from natural divinity. With steadfast roots in authenticity. As the
[01:33:43.120 --> 01:33:52.120]  tools to regain dignity. Rebuild the crime divinity. And I say, truth in nature must
[01:33:52.120 --> 01:34:04.120]  be justice, I believe. Truth in nature must be justice. And love is a daunting task. At
[01:34:04.120 --> 01:34:11.120]  least I got the decency to ask them all to just take off their silly masks. And in the
[01:34:11.120 --> 01:34:17.120]  light of day we all will pass. And they'll be tools of ingenuity. We use it against the
[01:34:17.120 --> 01:34:25.120]  workers of iniquity. Tools of ingenuity. We use it against the workers of iniquity.
[01:34:25.120 --> 01:34:34.400]  Okay, we are back. Randy Kelton, Rhett Fountain, ruleoflawradio. And I have no idea what you're
[01:34:34.400 --> 01:34:41.680]  talking about. So let's try this again. Can you start at the beginning and use no pronouns?
[01:34:41.680 --> 01:34:48.680]  Give each person a designation. Person in the first part, person in the second part,
[01:34:48.680 --> 01:34:52.800]  whatever. Give them something specific so we know who you're talking about. We didn't
[01:34:52.800 --> 01:34:53.800]  wear.
[01:34:53.800 --> 01:34:54.800]  The shooter.
[01:34:54.800 --> 01:34:55.800]  We're calling him.
[01:34:55.800 --> 01:34:56.800]  The runner.
[01:34:56.800 --> 01:35:00.680]  We're calling him Cliff. Yeah, we're calling him Cliff. Boy and dad.
[01:35:00.680 --> 01:35:01.680]  Okay.
[01:35:01.680 --> 01:35:07.080]  Okay. The dad is the father of the boy.
[01:35:07.080 --> 01:35:13.680]  Okay, so boy is riding the four-wheeler. In the neighborhood. In the neighborhood he rides
[01:35:13.680 --> 01:35:16.680]  an ATV around.
[01:35:16.680 --> 01:35:26.160]  And did he drive the, did the boy drive the ATV in such a way that he annoyed someone
[01:35:26.160 --> 01:35:27.160]  else? Cliff.
[01:35:27.160 --> 01:35:31.800]  In the neighborhood. Yeah, the neighborhood. The neighbors.
[01:35:31.800 --> 01:35:39.240]  Okay, he annoyed Cliff. What did Cliff do?
[01:35:39.240 --> 01:35:45.720]  He flagged the boy down, but the boy wouldn't talk to him.
[01:35:45.720 --> 01:35:46.720]  Okay.
[01:35:46.720 --> 01:35:47.720]  Okay.
[01:35:47.720 --> 01:35:56.080]  So he followed him to his house. And found out where he lived.
[01:35:56.080 --> 01:36:03.680]  Cliff followed the boy to the boy's house? Yes, to the dad's house where the boy lived
[01:36:03.680 --> 01:36:06.680]  with his dad.
[01:36:06.680 --> 01:36:10.160]  Then what did, what did Cliff do then?
[01:36:10.160 --> 01:36:14.240]  He went home.
[01:36:14.240 --> 01:36:18.520]  So he just followed him to his house and then went home.
[01:36:18.520 --> 01:36:23.240]  Cliff did not attempt to have a conversation with the dad?
[01:36:23.240 --> 01:36:31.880]  No, and that's, that's, that's the comment I made when I called you last time. I thought
[01:36:31.880 --> 01:36:39.920]  if it was me, I wouldn't be afraid of the guy or whatever. I would just go talk to him
[01:36:39.920 --> 01:36:45.320]  and say, Hey, hey, you know, everybody's getting disturbed by your son, you know, and we should
[01:36:45.320 --> 01:36:46.320]  quit that.
[01:36:46.320 --> 01:36:48.840]  I've tried to do that before.
[01:36:48.840 --> 01:36:51.920]  Let me tell you about our experience here.
[01:36:51.920 --> 01:37:03.640]  When you're talking to Cliff, keep in mind, people never tell you everything. They tell
[01:37:03.640 --> 01:37:09.560]  you the part that sounds good for them. They tend not to tell you the part that doesn't
[01:37:09.560 --> 01:37:12.000]  sound good for them.
[01:37:12.000 --> 01:37:19.880]  This guy is upset at a kid on a four wheeler, tries to talk to him. The kid goes home, won't
[01:37:19.880 --> 01:37:24.200]  talk to him, goes home. The guy follows him to his house, finds out where he lives and
[01:37:24.200 --> 01:37:30.960]  comes back. And then the father comes back angry and runs up in the yard to attack him
[01:37:30.960 --> 01:37:37.400]  and he shoots him. You know, those pieces don't fit together.
[01:37:37.400 --> 01:37:42.040]  Something more is going on in there that didn't get told.
[01:37:42.040 --> 01:37:44.200]  Somebody's not telling us everything.
[01:37:44.200 --> 01:37:52.880]  Unbelievable, but it's really that simple. So you're saying that a jury convicted this
[01:37:52.880 --> 01:38:03.400]  guy and put him in prison in the face of all the facts and all of the law. Doesn't fit.
[01:38:03.400 --> 01:38:08.480]  How do you get a jury of 12 people to ignore all the facts and all and just throw this
[01:38:08.480 --> 01:38:20.120]  guy in jail? There's stuff we're not hearing. Were you there by chance to see Cliff do this?
[01:38:20.120 --> 01:38:33.600]  No, no, no. I was, I'm not. My interest is that a fellow Texan has been convicted of
[01:38:33.600 --> 01:38:43.360]  something that seems to be outrageous in his own yard.
[01:38:43.360 --> 01:38:51.840]  We've been doing this show a long time and we constantly get stories of really outrageous
[01:38:51.840 --> 01:39:00.280]  stuff and a lot of times they pan out. But generally when we have stories between citizens,
[01:39:00.280 --> 01:39:05.640]  someone's going after the government or the government's coming after somebody, we get
[01:39:05.640 --> 01:39:11.960]  really horrendous stories and they tend to pan out.
[01:39:11.960 --> 01:39:20.360]  But when we get ordinary people upset with other ordinary people, the justice system
[01:39:20.360 --> 01:39:28.360]  itself doesn't really have much of a dog in that hunt. And those tend to be more based
[01:39:28.360 --> 01:39:34.840]  on facts and law. And when something sounds horribly outrageous, when we look deeper it
[01:39:34.840 --> 01:39:38.800]  turns out not to be quite so outrageous.
[01:39:38.800 --> 01:39:43.720]  Friend of mine came to me, a preacher was ministering to people in the jail and wanted
[01:39:43.720 --> 01:39:52.080]  me to help this poor couple get their children back. Because CPS was trying to steal their
[01:39:52.080 --> 01:39:59.800]  children and sell them into child pornography or some stuff. And I told Ken, go tell that
[01:39:59.800 --> 01:40:06.520]  preacher that before he gets too excited, go talk to Child Protective Services and see
[01:40:06.520 --> 01:40:09.400]  why they're trying to take these kids.
[01:40:09.400 --> 01:40:16.280]  Well, it turned out Child Protective Services went to the house to check on the kids and
[01:40:16.280 --> 01:40:20.580]  the two kids were in diapers. It looked like they'd been in two or three days. Their diapers
[01:40:20.580 --> 01:40:25.780]  were dirty. It was a two year old and a three year old. They were filthy. They hadn't eaten.
[01:40:25.780 --> 01:40:31.000]  The parents are passed out drunk, drunk on drugs.
[01:40:31.000 --> 01:40:36.800]  So we didn't get that story. And Ken came back to me and said, well, maybe you're not
[01:40:36.800 --> 01:40:45.720]  as stupid as you sound. That maybe there was more to this story. I'm suggesting to you,
[01:40:45.720 --> 01:40:50.720]  you're not getting the whole story.
[01:40:50.720 --> 01:40:55.680]  Yeah, a lot of people are going crazy. I thought I was going crazy because if you just presented
[01:40:55.680 --> 01:41:00.880]  it as a hypothetical where a man was in his yard, all you knew-
[01:41:00.880 --> 01:41:06.120]  Okay, you don't have to go through all that again. We get it. If I'm on my property and
[01:41:06.120 --> 01:41:11.440]  someone attacks me, I have the right to shoot him. That's absolutely clear, unquestionable
[01:41:11.440 --> 01:41:12.440]  in law.
[01:41:12.440 --> 01:41:20.480]  Okay. In Texas, not in other states, but in Texas, that is absolutely clear. A guy chases
[01:41:20.480 --> 01:41:26.440]  his girlfriend down the street, down the mall at Highland Park, shoots you in the back of
[01:41:26.440 --> 01:41:32.040]  the head, jumps in his car, drives away and somebody blew out his femoral artery right
[01:41:32.040 --> 01:41:38.920]  through the car door with a.44 Magnum. The police asked for two weeks for whoever did
[01:41:38.920 --> 01:41:43.200]  that to come in. Finally, the Xerox salesman shows up.
[01:41:43.200 --> 01:41:44.640]  Oh yeah?
[01:41:44.640 --> 01:41:48.520]  They checked the gun. Yep, that's the one that killed him, all right. Gave him back
[01:41:48.520 --> 01:41:50.280]  the gun, sent him home.
[01:41:50.280 --> 01:41:51.280]  Really?
[01:41:51.280 --> 01:41:56.840]  A guy pulls into his house. He's on a cul-de-sac. He's going down the road to the end of the
[01:41:56.840 --> 01:42:02.540]  road. He sees a car backed up to his door with two guys on the porch throwing stuff
[01:42:02.540 --> 01:42:08.560]  in the trunk, another guy in the car. Pulls over, pulls a.30-06 off the gun rack, pops
[01:42:08.560 --> 01:42:13.400]  the two on the porch, shoots the guy in the car, but don't kill him. The guy runs off
[01:42:13.400 --> 01:42:18.760]  in a creek. The police come and get him, and he asks him, why aren't you gonna arrest me?
[01:42:18.760 --> 01:42:23.640]  The policeman said, the only reason we'd arrest you is for not killing that third one. Now
[01:42:23.640 --> 01:42:27.880]  I got lots of paperwork. Yeah, you have that right in Texas.
[01:42:27.880 --> 01:42:30.160]  Yes, sir. Well, you know-
[01:42:30.160 --> 01:42:34.480]  I'm saying something else is going on. You're not getting all the facts.
[01:42:34.480 --> 01:42:38.640]  For what you're doing. For what you're doing. I love you guys for what you're doing. We're
[01:42:38.640 --> 01:42:40.640]  in the end. Is it Brett?
[01:42:40.640 --> 01:42:41.640]  Yeah.
[01:42:41.640 --> 01:42:46.880]  Or, I didn't understand if it was maybe Brett or Brett.
[01:42:46.880 --> 01:42:52.680]  Yeah, and let me explain this part. Generally, people, they don't tell you everything, and
[01:42:52.680 --> 01:43:01.840]  it's not intentional. They want you to be on their side, so they tell the brain, deliver
[01:43:01.840 --> 01:43:07.360]  me up all the information I need to get this guy to help me out and be on my side. Well,
[01:43:07.360 --> 01:43:10.200]  the brain just doesn't deliver up the bad stuff.
[01:43:10.200 --> 01:43:19.080]  I saw this on the news, and the guy was being arrested, and right there on his front porch,
[01:43:19.080 --> 01:43:21.560]  Cliff will call him Cliff.
[01:43:21.560 --> 01:43:29.920]  Yeah, well, you got a guy that shot somebody else. They take that real serious. So, yeah,
[01:43:29.920 --> 01:43:32.520]  come arrest him wherever they find him.
[01:43:32.520 --> 01:43:41.520]  Well, he was right there. So, as far as being on the guy's property, that part's true. That
[01:43:41.520 --> 01:43:43.520]  was on the news.
[01:43:43.520 --> 01:43:47.880]  Okay, I'm going to suggest that there was a lot more argument back and forth going on
[01:43:47.880 --> 01:43:51.680]  here. Good chance this guy threatened the guy's son. That's why he's so upset.
[01:43:51.680 --> 01:43:55.880]  Yeah. We don't know if it was set up like entrapment or whatever, but we'll have to
[01:43:55.880 --> 01:44:00.600]  talk about it more after the sponsors hear about it.
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[01:46:16.400 --> 01:46:40.560]  Thank you very much.
[01:46:46.400 --> 01:47:00.680]  Okay, we are back. Randy Kelton, Brett Fountain of Rule of Law Radio on this, the last segment
[01:47:00.680 --> 01:47:07.800]  of our Friday night info marathon. And we're talking to Rebel. Rebel, we need to move on.
[01:47:07.800 --> 01:47:12.200]  I've got two more callers and one segment to get to them yet.
[01:47:12.200 --> 01:47:23.320]  Okay, A Rebel. A Rebel. And I'd like to encourage everybody to be a little bit aggravated with
[01:47:23.320 --> 01:47:26.200]  our government. Thanks a lot, guys. Good night.
[01:47:26.200 --> 01:47:34.120]  Okay, thank you. Now we're going to go to, if you are in the 602 area code, what I've
[01:47:34.120 --> 01:47:40.520]  got on my screen is your first name would be By, but I don't want to say that you're
[01:47:40.520 --> 01:47:47.920]  By on the air. That could start rumors. If you're there, give us a call. It appears as
[01:47:47.920 --> 01:47:54.760]  though you're not. It's probably the dulcet tones of my voice that has lulled you into
[01:47:54.760 --> 01:47:56.160]  unconsciousness.
[01:47:56.160 --> 01:48:04.800]  Okay, now we're going to go to EJ in California. EJ, are you awake?
[01:48:04.800 --> 01:48:07.880]  Yes, hi.
[01:48:07.880 --> 01:48:11.920]  Okay, what do you have for us today?
[01:48:11.920 --> 01:48:22.480]  Yes, so I have a question regarding the summary judgment since I filed it before the 60 day.
[01:48:22.480 --> 01:48:28.000]  Okay, try something. You're loud in my ears, but I'm having trouble understanding you.
[01:48:28.000 --> 01:48:32.280]  That generally means I'm losing the high tones. Can you back the microphone away from
[01:48:32.280 --> 01:48:33.680]  your mouth a little bit?
[01:48:33.680 --> 01:48:38.040]  Oh, yeah, sure. Is this okay?
[01:48:38.040 --> 01:48:45.800]  Yes. It's still kind of muffled, but I'll struggle. I'll get Brett to interpret for
[01:48:45.800 --> 01:48:46.800]  me.
[01:48:46.800 --> 01:48:49.320]  Should I write it in Braille?
[01:48:49.320 --> 01:48:53.120]  Okay, go ahead, EJ.
[01:48:53.120 --> 01:49:08.160]  I filed for summary judgment on March 15th, and that's less than the 60 day requirement
[01:49:08.160 --> 01:49:17.200]  in the California law for summary judgment. My question is, should I re-file it to the
[01:49:17.200 --> 01:49:18.200]  Scheister's...
[01:49:18.200 --> 01:49:23.200]  Wait, Brett, can you understand that?
[01:49:23.200 --> 01:49:27.200]  I'm not sure yet what the 60 day... There's a 60 day she's wondering about and summary
[01:49:27.200 --> 01:49:28.200]  judgment and...
[01:49:28.200 --> 01:49:34.320]  Oh, now I remember. Now I remember. She filed a motion for summary judgment, and apparently
[01:49:34.320 --> 01:49:47.440]  the code said that you couldn't file for summary judgment until 60 days after your pleading
[01:49:47.440 --> 01:49:54.480]  was unanswered. Your motion for pleading was unanswered, and she filed before 60 days.
[01:49:54.480 --> 01:50:00.880]  So what I'm saying is, is that's like the statute of limitations.
[01:50:00.880 --> 01:50:05.640]  Notice to appeal or anything else is just if somebody complains about it, well, then
[01:50:05.640 --> 01:50:07.640]  you re-file.
[01:50:07.640 --> 01:50:15.840]  Exactly. Like statute of limitations, we hear, oh, it's too late for them to act. No, it's
[01:50:15.840 --> 01:50:27.280]  statute of limitations and is a affirmative defense. It is not a bar. And here, they have
[01:50:27.280 --> 01:50:36.040]  X number of days to file an answer. So you file an original pleading, and they have until
[01:50:36.040 --> 01:50:44.720]  the Monday after the 20th day, so technically 21 days. But apparently in your jurisdiction,
[01:50:44.720 --> 01:50:52.080]  the courts have said, you can't file for summary judgment until 60 days after you have filed
[01:50:52.080 --> 01:50:53.080]  your petition.
[01:50:53.080 --> 01:50:56.520]  Since the general appearance...
[01:50:56.520 --> 01:51:04.880]  However, however, that is only a problem if they make it a problem. About the only thing
[01:51:04.880 --> 01:51:15.080]  that can't be waived is subject matter jurisdiction. These time limits, they can all be waived
[01:51:15.080 --> 01:51:23.320]  if you don't raise an issue about it. I can testify to hearsay evidence. Even though it's
[01:51:23.320 --> 01:51:35.320]  forbidden, I can do that as long as nobody objects. So before you re-file, see if they
[01:51:35.320 --> 01:51:39.200]  object. If they object, then you re-file.
[01:51:39.200 --> 01:51:46.180]  Okay, got it.
[01:51:46.180 --> 01:51:50.680]  You gotta have another question. We got seven more minutes. You can't leave us hanging for
[01:51:50.680 --> 01:52:04.280]  seven minutes. We won't know what to say, and we'll wind up fighting with each other.
[01:52:04.280 --> 01:52:08.960]  Don't make me wake my wife up or she'll have some fighting to do with Randy's.
[01:52:08.960 --> 01:52:11.280]  You mean she might say something contentious?
[01:52:11.280 --> 01:52:15.400]  Oh, no, she wouldn't know anything about being a contentious woman, but she'll give you
[01:52:15.400 --> 01:52:18.840]  a hard time for sure if you deserve it.
[01:52:18.840 --> 01:52:25.760]  That's kind of an inside joke. I had Pastor Bassett call me today to get my recommendation
[01:52:25.760 --> 01:52:32.040]  or lack thereof of someone who called him, and he said she was bombastic, that she talked
[01:52:32.040 --> 01:52:39.440]  and talked and talked and talked, and that the Bible says that it's easier to live in
[01:52:39.440 --> 01:52:47.160]  the corner of an attic, a corner of a leaky attic than in a mansion with a bombastic woman,
[01:52:47.160 --> 01:52:57.200]  and Brett straightened me out on that. Will you give us the actual proverb on that, Brett?
[01:52:57.200 --> 01:53:01.760]  Come on, you chicken. Andrew's not listening.
[01:53:01.760 --> 01:53:07.320]  It says better to live on the corner of the roof than to share a house with a contentious
[01:53:07.320 --> 01:53:08.320]  woman.
[01:53:08.320 --> 01:53:18.200]  I'm gonna have to tell that one to my wife. I read the Bible to her on our wedding night
[01:53:18.200 --> 01:53:20.200]  and she got mad at me.
[01:53:20.200 --> 01:53:22.160]  I can only imagine.
[01:53:22.160 --> 01:53:29.400]  Can you believe that? Well, I did read that part about where it said a woman's desire
[01:53:29.400 --> 01:53:39.560]  shall be unto her husband, and he shall have dominion over thee. That did not go over good,
[01:53:39.560 --> 01:53:44.440]  but it went over better than the part about a woman's to keep her head covered and her
[01:53:44.440 --> 01:53:50.640]  mouth shut.
[01:53:50.640 --> 01:53:54.840]  Did you experience any kind of clubbing around that point?
[01:53:54.840 --> 01:54:07.840]  Well, I felt like I would be better off in the corner of the attic, but I have to give
[01:54:07.840 --> 01:54:18.920]  the woman credit. She is incredibly tolerant. She didn't shoot me yet, but that's because
[01:54:18.920 --> 01:54:21.440]  I don't have any guns in the house.
[01:54:21.440 --> 01:54:25.000]  She has other plans.
[01:54:25.000 --> 01:54:32.400]  Okay. Do you have anything else for us, E.J.?
[01:54:32.400 --> 01:54:39.840]  So the summary judgment has already been filed before the 60 days.
[01:54:39.840 --> 01:54:47.040]  Okay, wait. Let me take a step back. Summary judgment. Is this summary judgment on an initial
[01:54:47.040 --> 01:54:53.680]  petition or on a subsequent motion or pleading?
[01:54:53.680 --> 01:55:04.560]  It was the answer. It was the answer to my complaint. Their first pleading, their general
[01:55:04.560 --> 01:55:11.480]  appearance, their first pleading that they filed.
[01:55:11.480 --> 01:55:15.920]  Can you understand her, Britt? I'm not getting the high tones. I'm not understanding.
[01:55:15.920 --> 01:55:20.240]  I understood her to say it was their answer. It was their first pleading, the original
[01:55:20.240 --> 01:55:21.240]  answer.
[01:55:21.240 --> 01:55:26.760]  Okay, that's okay. So this is the original petition. You don't file for summary judgment.
[01:55:26.760 --> 01:55:30.160]  You file for default judgment.
[01:55:30.160 --> 01:55:33.840]  Because they did answer. They just didn't have any issues.
[01:55:33.840 --> 01:55:41.640]  Oh, okay. That's right. Now I remember. They answered, but they did not address the issues
[01:55:41.640 --> 01:55:50.520]  in your pleading. I suspect you may be reading the statute wrong. If someone files a response
[01:55:50.520 --> 01:56:01.960]  to a pleading, in any court I've ever seen, if they don't address the issues, you can
[01:56:01.960 --> 01:56:05.360]  file something immediately.
[01:56:05.360 --> 01:56:12.120]  It doesn't make sense after they have filed an answer to have to wait 60 days to respond
[01:56:12.120 --> 01:56:15.040]  to their answer.
[01:56:15.040 --> 01:56:21.140]  What would make more sense is if the 60 days applies as giving them plenty of time to submit
[01:56:21.140 --> 01:56:29.400]  an answer before you can ask for the judge to rule on your unopposed document there.
[01:56:29.400 --> 01:56:35.680]  Yeah, if somebody files a trash pleading, I should be able to object to that the next
[01:56:35.680 --> 01:56:43.800]  day. Because time makes no difference to the filer. They've already filed it. They're finished.
[01:56:43.800 --> 01:56:48.160]  So I think you may be missing something. Go ahead. I keep it in a row to you.
[01:56:48.160 --> 01:56:58.040]  No, I think you should continue with missing something. I mean, 70% it was malpractice
[01:56:58.040 --> 01:57:06.880]  and that I was an employee there. It looks at the code. It's regarding malpractice
[01:57:06.880 --> 01:57:19.560]  and subjecting myself to procedures. I was visiting my family member. So 70% it's not
[01:57:19.560 --> 01:57:31.320]  related to my complaint. 30% is just saying outright, you know, we're the defendant.
[01:57:31.320 --> 01:57:38.040]  What you're saying is, is that defendants answer is non-responsive.
[01:57:38.040 --> 01:57:41.760]  That's correct.
[01:57:41.760 --> 01:57:49.080]  That's the way to address it. It's non-responsive. It has a lot of stuff in it, but none of it
[01:57:49.080 --> 01:57:54.360]  is responsive to the issues before the court.
[01:57:54.360 --> 01:58:01.440]  So the 60-day thing, I would not worry about it. If it becomes an issue, if they complain
[01:58:01.440 --> 01:58:06.800]  about it, you know, it's kind of like verified documents. If you file a document that should
[01:58:06.800 --> 01:58:14.120]  be verified and it's not, and the other side doesn't complain about it, it's in the record
[01:58:14.120 --> 01:58:19.280]  as if it was verified. If the other side complains about it, then you have the opportunity to
[01:58:19.280 --> 01:58:26.480]  fix it. Most things in court are that way. Very few things are hard and fast and sudden
[01:58:26.480 --> 01:58:29.520]  death.
[01:58:29.520 --> 01:58:35.480]  So I think you're okay on the 60-day thing. Okay. We are out of time. We're into Kelton
[01:58:35.480 --> 01:58:41.640]  Brett Fountain Rue La Radio. We'll be back next week. Thank you all for listening and
[01:58:41.640 --> 01:58:50.560]  good night in about five more seconds. But I didn't fall off the cliff.
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