ROL_2025-01-31_16k.timecode
[00:00.000 --> 00:30.000] Bad boys, bad boys, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha
[00:30.000 --> 00:36.900] gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha
[00:36.900 --> 00:39.140] gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha
[00:39.140 --> 00:45.220] and you had bad traits you go to school and learn the golden rule so why are you acting like a
[00:45.220 --> 00:52.100] bloody fool if you get hot then you must get cool bad boys bad boys what you gonna do or what you
[00:52.100 --> 00:58.180] gonna do when they come for you bad boys bad boys what you gonna do or what you gonna do
[00:58.180 --> 01:05.380] when they come okay howdy howdy randy kelton brett fountain rule of law radio on this friday
[01:06.100 --> 01:18.580] 31st day of january 2025 hard to say 25 that means i really gotta be old
[01:19.940 --> 01:27.700] shutter anyway let me start with i'll open the phone lines if you have a question or comment
[01:27.700 --> 01:38.820] give us a call a call in number 512-646-1984 and i'm gonna start with a plan gotta have a plan
[01:38.820 --> 01:48.180] then i have put together a set of criminal complaints or a criminal criminal complaint
[01:48.180 --> 01:55.700] against the judges of the fifth circuit the three judge panel that dismissed my case
[01:56.100 --> 02:04.420] dismissed it with prejudice claiming that it was frivolous and i'm filing against the
[02:05.060 --> 02:16.820] us magistrate high tower and the judge pitman for conspiring one with the other to
[02:17.220 --> 02:17.720] to
[02:20.980 --> 02:22.820] what's 371 say brett
[02:25.780 --> 02:33.060] i don't know that doesn't 18 us code 371 okay let's see that pull that up
[02:34.340 --> 02:39.380] i don't quite have it memorized yet 371
[02:39.380 --> 02:52.740] okay 371 says if two or more persons conspire either to commit any offense against the united
[02:52.740 --> 03:01.860] states or to defraud the united states or any agency thereof in any manner or for any purpose
[03:02.500 --> 03:09.700] and one or more of such persons do so do any act to affect the object of the conspiracy
[03:09.700 --> 03:15.860] each shall be fined under this title or imprisoned not more than five years or both
[03:17.300 --> 03:23.300] that makes it a felony and what i'm claiming is is they
[03:23.300 --> 03:33.060] a all conspired one with the other to deny me in the due course of the laws
[03:34.900 --> 03:42.660] and access to the court or redress of grievance so you're going for the first part the part about
[03:42.660 --> 03:48.660] committing an offense and not the part about defrauding the united states right and the
[03:48.740 --> 03:53.780] second now the next one i'm going to charge them with 18 us code 241
[03:55.540 --> 04:01.220] not 242 because 242 is a class a misdemeanor
[04:03.700 --> 04:07.780] i'm not sure about this 371 we'll come back to that when when you get a minute
[04:07.780 --> 04:16.980] and them are good i i pulled up some case law on it or a not a brief a treatise on it
[04:16.980 --> 04:25.060] that but 242 if two or more persons conspire to injure or press threaten or intimidate any
[04:25.060 --> 04:31.060] person in any state territory commonwealth possession or district in the free exercise
[04:31.060 --> 04:37.620] or enjoyment of any right or privilege secured by him to him by the constitution or
[04:37.780 --> 04:41.620] or okay
[04:44.740 --> 04:51.300] they shall be fined under this title or imprisoned not more than 10 years or both
[04:53.220 --> 05:01.220] and if death results from the acts committed in violation of this section or such acts include
[05:01.220 --> 05:07.300] kidnapping or attempt to kidnap aggravated sexual abuse or attempt to commit aggravated sexual
[05:07.300 --> 05:13.060] abuse or an attempt to kill they shall be fined under this title or imprisoned for any term of
[05:13.060 --> 05:23.620] years or for life or both or baby sentence to death that was pretty serious let's go back to 371
[05:24.420 --> 05:28.260] yeah because i don't know if you're gonna maybe have an uphill battle here trying to say that they
[05:28.980 --> 05:36.820] did the offense against the united states it says these both of these it forks to offense
[05:36.820 --> 05:43.700] or fraud but it has both of them are against the united states i'm claiming they committed the crime
[05:44.980 --> 05:47.460] of 18 u.s code 241
[05:49.700 --> 05:52.900] and that's a crime against the united states because it's a criminal act
[05:56.260 --> 06:01.540] and if two or more persons conspire either to commit any offense against the united states
[06:02.180 --> 06:07.220] or to defraud well i'm claiming that they conspired with one another
[06:09.140 --> 06:16.660] to deny me in due process and deny me access to courts and that's an
[06:16.660 --> 06:21.380] offense under 18 u.s code 241 that's crime against the united states
[06:23.700 --> 06:30.260] okay so you're starting with your regular deprivation of rights and using that as a
[06:32.500 --> 06:39.220] sort of a springboard to get to this conspiracy to commit which is a felony yes okay oh
[06:40.500 --> 06:44.820] i'm going to file it again what i'm and i'm using walker v packer
[06:46.980 --> 06:56.100] that says that if a a judge fails to properly apply the law to the facts
[06:56.420 --> 07:03.060] then that's an act of a mission of official that is that that is an abuse of discretion
[07:04.660 --> 07:11.060] and then i'm saying that if a a public official abuses his discretion in the process
[07:11.060 --> 07:16.340] denies a citizen full and free access to her enjoyment right that's official oppression
[07:16.340 --> 07:24.740] but we have the magistrate judge who wrote up this piece of trash the 80 percent of her
[07:24.740 --> 07:31.300] 80 percent of her case laws garbage and she gave that garbage to the judge
[07:32.580 --> 07:38.900] and the judge he's got a caseload that's impossible because he's handling the caseload
[07:38.900 --> 07:46.020] of three judges so he just blows me off he don't have time to mess with me and he sends me to to
[07:46.020 --> 07:52.420] the appellate court and the appellate court takes the trash that was produced by hightower
[07:52.580 --> 07:57.380] and accepts it and dismisses my case with prejudice
[07:58.980 --> 08:06.660] and thereby denied me in my first and 14th amendment rights
[08:08.020 --> 08:13.700] i write to petition the court for redress of grievance and my right to the equal protection
[08:13.700 --> 08:20.100] of the laws all right now my what i claim in the complaint is my right to
[08:20.100 --> 08:23.780] my right to do part due course of the loss
[08:27.220 --> 08:36.260] that's criminal so back to 371 if two or more persons conspire either to commit any
[08:36.260 --> 08:38.980] offense against the united states or to defraud the united states
[08:41.460 --> 08:47.940] they're guilty so they committed an offense against the united states by violating
[08:48.500 --> 08:53.380] my constitutional rights in an act of official misconduct
[08:56.740 --> 08:58.980] i don't care if i get them indicted or not
[09:01.220 --> 09:07.860] but i want those three fifth circuit judges to have to
[09:09.620 --> 09:13.780] worry about whether a federal grand jury is going to indict them or not
[09:13.780 --> 09:24.660] and scalia said in montgomery v state any prosecutor worth his salt can get a ham sandwich indicted
[09:26.020 --> 09:34.820] yeah that's that may be true the problem he has is keeping the ham sandwich from getting indicted
[09:34.900 --> 09:44.340] so what i have to do is get the u.s attorney to exercise judicial discretion
[09:47.060 --> 09:49.540] then i come back after this attorney
[09:52.180 --> 09:59.380] i'm going to go down to the federal courthouse in fort worth and uh
[09:59.380 --> 10:05.700] uh demand to to speak with the foreman of the grand jury
[10:07.780 --> 10:13.460] oh that's going to get him excited and that's likely to get me a u.s attorney
[10:14.740 --> 10:17.940] and he's going to tell me i can't speak to the grand jury sure can
[10:18.820 --> 10:23.060] just just bring him right out here and we'll have ourselves a little conversation
[10:23.060 --> 10:30.180] and i will give them notice of crime to invoke their duty and i've got to look up the statutes
[10:30.180 --> 10:38.660] it says the duties of grand jurors and it says the grand jurors examine into any any crime against
[10:38.660 --> 10:44.740] the united states that comes to their knowledge by any by way of any member of the grand jury
[10:44.740 --> 10:46.100] or the prosecuting attorney
[10:48.180 --> 10:56.180] now i can find nothing in law that prevents me from giving notice to a grand jury
[10:56.180 --> 11:03.380] right he's going to say only he can present a complaint to the grand jury
[11:05.220 --> 11:12.660] and i'm going to say you're right about that unless a grand jury summons me
[11:13.380 --> 11:21.540] but you're using the term present in a special case in this case it doesn't mean that i
[11:22.180 --> 11:30.020] bring something and present it to you present in this case means to give a formal
[11:30.580 --> 11:32.980] presentment to a grand jury
[11:33.060 --> 11:36.740] in session
[11:38.500 --> 11:43.540] i'm not here to give a formal presentment to the grand jury i'm here to give notice
[11:45.460 --> 11:51.060] and while you're the only one that can do a presentment as a matter of law
[11:52.260 --> 11:59.620] i can do a presentment if they call me in to do so but you can do it as a matter of law
[11:59.620 --> 12:05.940] well i don't care to do that i'm gonna want you to do it and i'm gonna want you to do it right
[12:07.060 --> 12:13.380] i'm just here to give notice to the grand jury and since i am a citizen in a republic
[12:15.300 --> 12:20.980] i may do anything that i am not specifically forbidden to do unlike you
[12:21.700 --> 12:28.660] you may only do what the law specifically authorizes you to do
[12:29.620 --> 12:41.140] so if you stand in my way then you have denied me in the one thing that makes a republic a republic
[12:43.220 --> 12:49.860] the one thing is the sovereign standing of the individual citizen
[12:51.220 --> 12:57.220] you take that away from me take away my ability to
[13:00.500 --> 13:09.700] to control the governmental instruments i have created then you have reduced my republic to a
[13:09.700 --> 13:17.460] democracy and that would violate which one requires that the states provided them a
[13:17.460 --> 13:19.780] a public and former government
[13:21.780 --> 13:27.780] provide republican what do you think i think it's six
[13:32.100 --> 13:36.740] so they've taken away my republican former government just me to a citizen in a state
[13:38.980 --> 13:46.660] in a state democracy that's going to be my argument and then i'm going to get looks like
[13:46.660 --> 13:47.380] number two
[13:51.300 --> 13:57.940] article one section two okay hang on rarity kelton we're at fountain real law radio we'll be right
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[16:26.900 --> 16:50.500] okay we are back randy kelton brett fountain rule of law radio and i'm trying to get
[16:50.500 --> 17:02.660] it a reason to go to the new attorney general because if i can get the u.s attorney to interfere
[17:02.660 --> 17:13.620] with me then i'll file against the u.s attorney accuse the u.s attorney of violating separation
[17:13.700 --> 17:20.900] of powers and impersonating a judicial officer by making a determination of probable cause
[17:24.820 --> 17:30.980] and file against him with the the u.s attorney general and direct the u.s attorney general
[17:32.100 --> 17:40.260] to give notice to federal grand jury of my complaint and that's in the code where if a
[17:40.980 --> 17:43.700] filer requests it then they must give notice
[17:46.420 --> 17:54.180] so mainly i'm trying to get this to get me in front of the the attorney general
[17:54.820 --> 18:05.620] and i have structured the complaint in my statement of facts i've referenced that i started
[18:05.620 --> 18:11.620] out all of this by giving a 250 page criminal complaint against the governor to the chief
[18:11.620 --> 18:18.820] justice of the supreme and i do this in so that i have an excuse for attaching my complaint
[18:18.820 --> 18:30.340] on there i suspect that if you're the u.s attorney general and somebody's filed a
[18:30.340 --> 18:39.060] complaint against the governor that got the governor to send his covid executive orders
[18:39.060 --> 18:44.020] and got 18 states to follow suit it's probably somebody's going to read that
[18:46.020 --> 18:55.540] then yeah at least partly yeah and then i claim that i sued all of these public officials because
[18:56.260 --> 19:02.660] or converting texas into the worst police state the world's ever seen and attach that one
[19:04.020 --> 19:10.420] okay maybe the worst police state the world's ever seen is a little hyperbole but who cares
[19:12.900 --> 19:21.380] i want them to read it and once they've read those two it's much more likely they'll take my
[19:21.380 --> 19:24.980] complaint against the fifth circuit judges more serious
[19:27.540 --> 19:33.140] or at least the fifth circuit judges will find out what i'm doing
[19:34.580 --> 19:38.420] and i'm hoping they have a similar response to nathan hedge
[19:39.220 --> 19:43.220] oh
[19:43.220 --> 19:52.340] his response wasn't so great oh he was really p.o'd but they changed the bench book
[19:53.860 --> 20:00.180] so it did get their attention okay i'm gonna go go to college we have a first time caller we have
[20:00.740 --> 20:08.980] a second time oh there he goes you got martin in minnesota hello martin in minnesota
[20:09.940 --> 20:18.500] yes sir hello hello what do you have for us today well roger from chicago talked to you
[20:18.500 --> 20:27.860] guys last night i'm the guy with the house issue with the bank oh okay uh how how old is your
[20:27.860 --> 20:34.820] mortgage uh the one that's in trouble is 2007 is a heloc it's a line of credit
[20:36.580 --> 20:36.820] oh
[20:39.620 --> 20:48.180] heloc in minnesota yeah i am not familiar with the heloc laws in minnesota i don't think i've
[20:48.180 --> 20:57.620] ever run into one heloc laws in texas are really really strict because we didn't have that
[20:58.340 --> 21:07.940] that until relatively recently it was that you could not put up your property or your home as
[21:07.940 --> 21:15.780] collateral but they got that changed but when they did they put in the the statutes you screw
[21:15.780 --> 21:22.020] up just a little bit yeah the legislature yeah you screw up just a little bit and the whole
[21:22.020 --> 21:27.620] mortgage goes in the trash and they don't have to pay you i doubt that it's that way yeah
[21:28.580 --> 21:35.540] um well i'm gonna be flying for the 13th time coming up for a for a loan modification
[21:36.740 --> 21:42.740] and uh the thing is is they never it matured in 2022 and they never gave me new payments
[21:43.460 --> 21:47.860] and covid was happening so they gave me forbearance and now we're in foreclosure
[21:47.860 --> 21:57.140] with all of this wait a minute what does matured mean uh the the the 20 year uh line of credit
[21:57.940 --> 22:03.380] and i was told in 2022 that it it matured and it would convert to a conventional loan
[22:03.380 --> 22:06.660] with monthly payments and they never did that i was just wondering that's a technicality
[22:08.340 --> 22:18.260] oh it's the thing about mortgages uh courts really don't like to take somebody's property
[22:18.260 --> 22:26.980] away from them right so uh i had one guy early on when i started to do mortgages i had a woman
[22:26.980 --> 22:34.660] call me from houston and and needed my help she's been fighting this mortgage for quite a while i
[22:34.660 --> 22:44.500] said well how long have you been fighting this foreclosure 18 years really i said are you
[22:44.500 --> 22:56.180] kidding me you need to give me advice but yeah uh you can keep them in court for a long long time
[22:57.140 --> 23:04.980] do you have a complete accounting of all of the payments that you made
[23:06.740 --> 23:13.860] of when they were made of how the payments were applied to your loan
[23:15.780 --> 23:23.140] did they apply the monies to the principal first and then the interest or did they apply monies
[23:23.140 --> 23:29.860] to the interest first and then the principal well i only paid some percent interest every month
[23:29.860 --> 23:37.460] for 20 years i only paid the interest you only paid interest and you didn't pay any on the uh
[23:38.900 --> 23:46.660] correct correct that was supposed to convert three years ago almost in march 2022
[23:46.660 --> 23:50.580] and it's still in the helac department the loan is still in the helac department
[23:50.580 --> 23:56.900] uh and then they're trying to foreclose now oh yeah we're at that point we're at
[23:56.900 --> 24:05.140] okay for sue them interesting they're in the auction phase and we i'm able to see
[24:05.140 --> 24:12.580] wait a minute wait a minute how did they get to uh foreclosure if they were
[24:12.820 --> 24:22.260] in that they were required by the contract to uh reset the mortgage and they didn't
[24:22.260 --> 24:28.740] that's that's part of what i'm confused about too okay so let me reapply uh i just did it again
[24:28.740 --> 24:34.260] yesterday i was supposed to go a short sale or no short sale or a new application i said new
[24:34.260 --> 24:39.700] application please so that should be in the mail it'll be like the 13th one there is two
[24:40.660 --> 24:43.860] it'll be like the 13th one there's two and a half years going on right now
[24:43.860 --> 24:50.180] okay now okay we need to file suit against him in the federal court i can a fraud
[24:52.260 --> 25:00.180] okay they've defrauded you they've they've paid this helac off and now they're trying to steal
[25:00.180 --> 25:06.500] your property uh well i've been in there two and a half years and they they should have been out
[25:06.500 --> 25:11.540] here two years ago i guess but covid kind of delayed everything and i'm just wondering if
[25:11.540 --> 25:19.140] that had something to do with it all the covid stuff wait covid was 21 oh okay well maybe i'm
[25:19.140 --> 25:24.100] wrong yeah covid covid is not the reason they're just trying to steal your properties what they do
[25:26.500 --> 25:28.420] so sue them for fraud
[25:30.660 --> 25:35.540] they they're trying to defraud you in that they were required by the contract
[25:36.500 --> 25:42.820] to renegotiate the loan and they yeah it's now they're trying to foreclose on you because
[25:42.820 --> 25:49.300] they didn't renegotiate the loan and claim that you owe them nothing
[25:51.380 --> 26:01.060] in terms of principle and interest nothing in terms of interest over this time because you
[26:01.060 --> 26:10.820] were unable to pay them so it's their cost not yours and ask for a a order from the court
[26:10.820 --> 26:23.460] ordering them to to renegotiate this mortgage okay it's not that hard uh get a little research
[26:23.460 --> 26:33.860] on uh fraud uh first thing you need to do is get a litigation guide does minnesota
[26:34.820 --> 26:41.220] have a litigation guide they probably do and i'm writing some notes here so keep going if
[26:41.220 --> 26:49.300] you don't mind because texas has got a great one if you can't find one for minnesota uh look up
[26:49.300 --> 26:54.900] o'connor's litigation guide hang on we'll speak to that when we come back on the other side randy
[26:54.900 --> 27:03.300] kelton we're at fountain and we love our radio we'll be right it's clear cell phones have changed
[27:03.300 --> 27:08.020] the way we live and work but have they negatively affected our health i'm dr catherine albrecht and
[27:08.020 --> 27:12.580] i'll be back in just a moment with new findings about how cell phones may actually alter our
[27:12.580 --> 27:18.980] brain chemistry privacy is under attack when you give up data about yourself you'll never get it
[27:18.980 --> 27:24.820] back again and once your privacy is gone you'll find your freedoms will start to vanish too so
[27:24.820 --> 27:30.980] protect your rights say no to surveillance and keep your information to yourself privacy it's
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[27:49.460 --> 27:54.180] of radiation near your head has been disputed some have blamed it for brain tumors while cell
[27:54.180 --> 27:59.140] phone companies have downplayed concerns well now the journal of the american medical association
[27:59.140 --> 28:04.420] is confirming that cell phones affect brain chemistry a study of 47 volunteers showed that
[28:04.420 --> 28:09.540] glucose metabolism in the area of the brain closest to the cell phone antenna increases when
[28:09.540 --> 28:14.420] the cell phone is on while researchers aren't sure whether this exposure causes damage i'm not
[28:14.420 --> 28:19.300] taking any chances i always keep the phone far from my body and i use a corded headset
[28:19.860 --> 28:23.940] i'm dr catherine albrecht more news and information at catherinealbrecht.com
[28:29.700 --> 28:35.380] i lost my son my nephew my uncle my son on september 11th 2001 most people don't know
[28:35.460 --> 28:41.300] that a third tower fell on september 11th world trade center seven a 47 story skyscraper was not
[28:41.300 --> 28:46.100] hit by a plane although the official explanation is that fire brought down building seven over
[28:46.100 --> 28:51.620] 1200 architects and engineers have looked into the evidence and believe there is more to the story
[28:51.620 --> 28:58.180] bring justice to my son my uncle my nephew my son go to building what.org why it fell why it
[28:58.180 --> 29:04.260] matters and what you can do are you looking to have a closer relationship with god and a better
[29:04.260 --> 29:10.660] understanding of his word then tune in to logosradio.com on wednesdays from 8 to 10 p.m central
[29:10.660 --> 29:15.780] time for scripture talk where nana and her guests discuss the scriptures in accord with second
[29:15.780 --> 29:22.100] timothy 215 study to show thyself approved unto god a workman that needeth not to be ashamed
[29:22.100 --> 29:27.620] rightly dividing the word of truth starting in january our first hour studies are in the book of
[29:27.620 --> 29:33.300] mark where we'll go verse by verse and discuss the true gospel message our second hour topical
[29:33.300 --> 29:38.500] studies will vary each week with discussions on sound doctrine and christian character development
[29:39.060 --> 29:43.540] we wish to reflect god's light and be a blessing to all those with a hearing ear
[29:43.540 --> 29:48.100] our goal is to strengthen our faith and to transform ourselves more into the likeness
[29:48.100 --> 29:53.860] of our lord and savior jesus so tune in to scripture talk live on logosradio.com
[29:53.860 --> 29:59.060] wednesdays from 8 to 10 p.m to inspire and motivate your studies of the scriptures
[30:00.020 --> 30:10.820] you're listening to the logos radio network at logosradio.com
[30:14.100 --> 30:25.140] yeah i got a warrant and i'm gonna solve them to the government them prosecute them okay
[30:25.380 --> 30:29.220] okay
[30:43.220 --> 30:49.220] okay we are back in kelton red fountain with our radio talking to martin innesota
[30:49.220 --> 30:57.780] okay so do you have a mortgage on this property other than the heloc
[30:58.820 --> 31:03.060] i do and that's current and we actually did a loan modification already and they approved
[31:03.060 --> 31:12.020] all that and we're caught up and we're up to speed yes how how much is the heloc relative
[31:12.020 --> 31:21.460] to the value of the property a percentage what do you mean um i mean if you got a
[31:21.460 --> 31:25.540] three hundred thousand dollar mortgage did they give you a three hundred thousand dollar heloc
[31:25.540 --> 31:30.820] or like a hundred thousand oh it was trying to figure out how much they're trying to steal from
[31:30.820 --> 31:39.140] you a 260 grand is the heloc and the properties where it's what 450 now if it was fixed up to the
[31:39.140 --> 31:43.140] mint yeah so they're trying to steal a couple hundred grand from you
[31:44.820 --> 31:49.780] i have it already i mean there's no equity in the house anymore i mean it's a little bit
[31:50.660 --> 31:56.500] yeah i already have that money i have so yeah but so you have the money
[31:57.380 --> 32:07.060] uh but you also owe a mortgage on it correct sir so how much time you have left on your mortgage
[32:07.620 --> 32:16.340] oh it was a 30 year i couldn't oh that was 1998 when we started that one so uh what was that
[32:16.340 --> 32:21.060] i bet you that should be the edge too huh you got 25 years on it
[32:22.660 --> 32:28.180] so you've got 25 years on a 30-year mortgage you're getting close on that one correct sir
[32:28.900 --> 32:32.420] okay you need to sue the piss out of the out of the uh
[32:32.980 --> 32:42.580] bank for not refinancing this property and you can sue for a petition for declaratory judgment
[32:45.300 --> 32:53.860] and require that this will stop any foreclosure actions and i'm surprised that your lender your
[32:53.860 --> 32:58.980] mortgage holder is not jumping up and down railing in righteous indignation
[32:59.060 --> 33:01.780] jumping up and down railing in righteous indignation
[33:03.780 --> 33:10.100] well aren't they the ones that hold the mortgage u.s bank i'm confused is do you did it
[33:11.620 --> 33:17.300] is the same the one who gave you the heloc is it the same as the mortgage holder
[33:18.580 --> 33:25.220] yeah oh okay so they're just trying to steal your property what you don't have any money in it
[33:26.100 --> 33:33.940] i know there's no equity it's like if they get if they you know it's uh if you got nothing to lose
[33:35.300 --> 33:43.140] you just sue them for fraud okay you can you can keep them in the court five to seven years easy
[33:44.900 --> 33:49.220] oh i can keep them in the court five to seven is that what you mean yeah easy that's easy
[33:50.180 --> 33:55.780] okay you sue them they're going to get uh 21 days to respond
[33:56.900 --> 34:08.180] and you're going to get 15 days to uh file an opposition uh they're going to get no you're
[34:08.180 --> 34:13.220] going to get 30 days to file an opposition they're going to get and they're going to get 15 days to
[34:13.220 --> 34:18.020] file a rebuttal right and
[34:20.980 --> 34:24.100] your judge is going to absolutely going to rule against you
[34:25.460 --> 34:32.020] they always do casual rule against me yeah they always do we don't care because
[34:32.980 --> 34:41.460] just look for things that preferably where you can make a constitutional challenge
[34:44.020 --> 34:50.260] or you can make a challenge that looks ugly like here they had a contractual duty
[34:51.700 --> 34:58.660] to refinance this mortgage but they failed to do so now they're trying to steal your property from
[34:58.660 --> 35:04.100] you so sue them for fraud and whatever the value and sue them for three times the value of the
[35:04.100 --> 35:10.580] property so that's what you get to do in fraud well i like this line of thinking i like this
[35:11.540 --> 35:14.980] so you're never going to get that but who cares you sue them for that amount
[35:16.420 --> 35:20.420] and it stops them now the one thing we keep saying on this show
[35:22.580 --> 35:28.340] i'm stalling that way at the point okay you can never you uh okay
[35:30.740 --> 35:36.180] you must always expect that the court will rule against you out of hand at every turn
[35:37.140 --> 35:44.340] okay that i believe yes yeah just expect it they may not they may actually rule in your favor on
[35:44.340 --> 35:51.860] occasion but that's just a free gift but when you go into a suit you must expect that the court will
[35:51.860 --> 36:00.180] rule against you out of hand at every turn okay who cares right because it's all about the money
[36:00.180 --> 36:09.940] oh i know that and it goes to how much money can you cost these guys their lawyers cost them between
[36:09.940 --> 36:16.980] was it four and six hundred bucks an hour brad right yeah i don't know how much they charge but
[36:16.980 --> 36:24.900] oh they charge a lot yeah so you file your suit they file their answer you file your opposition
[36:24.900 --> 36:31.380] they file their rebuttal the court rules against you you file for findings effect and conclusions
[36:31.380 --> 36:37.380] at law and they give you that and then you file for reconsideration okay each one you file
[36:38.420 --> 36:44.820] they got 30 days to respond you got 50 days 15 days for a rebuttal then the court will take
[36:46.660 --> 36:52.740] between three and nine months to respond well plus you got the opportunities in between to
[36:52.740 --> 36:59.460] bar grieve some lawyer that is a bonehead and then he disappears and another one comes up
[36:59.460 --> 37:04.100] yeah there's a notice of appearance and then they ask for a continuance so they can get a chance to
[37:04.100 --> 37:13.460] catch up on the case so that first round you can expect it by the time you get a response
[37:13.860 --> 37:22.660] they they file a in their response they'll file a 12b1 and a 12b6 at least a 12b6 but
[37:23.860 --> 37:29.060] i'm used to suing public officials so they do a 12b1 so they'll do a 12b6 and say you're just
[37:29.060 --> 37:35.380] a two-bit deadbeat blah blah blah blah blah you don't care then you'll you'll file an opposition
[37:35.380 --> 37:42.020] to 12b1 and they'll file a rebuttal and then the judge will take six to nine months to rule it
[37:42.020 --> 37:47.540] take six to nine months to rule on it they're busy right they don't have enough judges
[37:49.460 --> 37:55.620] so then they rule on it and then you file for findings of fact and conclusions if they don't
[37:55.620 --> 38:01.860] give you findings of fact and conclusions if they do then you find you look at something that doesn't
[38:01.860 --> 38:09.220] make sense and you file a request for clarification right and the other side will object and jump up
[38:09.220 --> 38:18.740] and down and you got 30 see you get you you file you got they got 30 days to answer you got five
[38:18.740 --> 38:23.220] 15 days to rebut the judge is going to take another three four months to respond
[38:24.420 --> 38:32.180] you're already into your first year already right i had a guy in san diego he bought a house
[38:33.060 --> 38:43.220] and his he paid 350 000 for it at the time houses in this area rented for 3500
[38:45.700 --> 38:56.420] kept him in there seven years and i filed my bs suit i filed a suit that said who the heck are you
[38:57.060 --> 39:03.380] now wells fargo was the lender wells fargo was the servicer and wells fargo was doing the
[39:03.380 --> 39:09.780] foreclosure and we filed a suit said who the heck are you i don't know who you are i never
[39:09.780 --> 39:14.580] entered into a contract with you never entered into a contract with your alleged principal
[39:15.540 --> 39:22.340] prove it up right so they try to prove up their position took them seven years
[39:22.500 --> 39:30.500] before the california supreme denied my cert and the cert was good enough that it took them nine
[39:30.500 --> 39:42.340] months to deny it and we're seven years in he's lived in this property that rented for 3500 a month
[39:42.340 --> 39:50.980] for seven years and i said okay now we're ready to file the real deal and he said no man i am tired
[39:50.980 --> 39:58.500] of this i'm i just want to get this over with they now they want 500 000
[40:00.660 --> 40:11.620] so he paid he paid him he sold the place for 850 000 took 350 000 to phoenix bought a better place
[40:11.620 --> 40:17.540] in phoenix and paid cash for it and left all the way to the bank that is a nice american story
[40:18.020 --> 40:26.260] that this is how you do it i stopped doing foreclosures but when i did foreclosures
[40:26.260 --> 40:35.060] with people one thing i required is you put at least half of the expected payment
[40:35.060 --> 40:43.300] in an account every month right and we'll get three or four years down the road you got this
[40:43.940 --> 40:51.460] whopping sum of money that you got from the bank it's their money you didn't give it to them you
[40:51.460 --> 40:56.980] kept it now you can go in and make a deal hang on randy kelton brett fountain we'll go radio
[40:56.980 --> 41:03.860] we'll be right back do you have a business with five employees or more how would you like to save
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[41:51.300 --> 42:02.820] call scott at 2147302471 or dallasmms.com are you the plaintiff or defendant in a lawsuit
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[42:55.940 --> 42:59.700] call toll-free 866-LAW-EASY
[43:00.260 --> 43:01.460] oh
[43:25.300 --> 43:28.260] i must be careful what i'm wishing for
[43:29.700 --> 43:34.660] when i'm hungry i like to know just what i'm fishing for
[43:34.660 --> 43:40.740] i ain't asking for much i ain't trying to be no glutton
[43:40.740 --> 43:46.420] i'm just here making my living pushing buttons
[43:46.420 --> 43:52.100] i give my message out to anyone in shouting distance
[43:52.100 --> 43:56.340] i'm vote for bravery and against slavery showing
[43:56.340 --> 43:58.340] resistance
[43:58.980 --> 44:03.780] okay we are back randy kelton brett fountain wheel of law radio and
[44:03.780 --> 44:10.580] brett brought this up on break uh you had a contract with them
[44:10.580 --> 44:18.580] and you complied with your contract yes and then they were required by the
[44:18.580 --> 44:23.700] contract to convert the heloc into a mortgage
[44:23.700 --> 44:29.460] and they didn't do it correct so you don't owe me anything
[44:29.460 --> 44:33.300] yeah that's what it looks like to me from from where i sit
[44:33.300 --> 44:37.620] whatever they didn't ask you for they can't get upset with you about not
[44:37.620 --> 44:43.300] paying they didn't ask for anything you still you still owe that principal
[44:43.300 --> 44:47.060] amount well does he i mean yeah because they
[44:47.060 --> 44:50.580] gave him the principal amount but are you sure because they were
[44:50.580 --> 44:54.900] going to convert something something at something something date and then
[44:54.900 --> 44:58.820] when that time came they didn't they came and went
[44:58.820 --> 45:02.020] and they didn't send him anything so i mean
[45:02.020 --> 45:05.860] if i'm in his shoes i'm thinking oh i guess they must have worked it out and
[45:05.860 --> 45:10.100] the math works out and somehow it's already paid off well i guess if i
[45:10.100 --> 45:12.500] owed him anything they would have sent me a note
[45:12.500 --> 45:17.540] they would have sent me a uh a bill well i guess i don't owe them anything
[45:17.540 --> 45:21.620] it's all handled so you put your petition for quiet you
[45:21.620 --> 45:26.580] file suit and petition for quiet title why it title is that what you said i'm
[45:26.580 --> 45:33.140] writing notes yeah you petition for quiet title
[45:33.140 --> 45:38.340] you guys uh repudiated the contract
[45:38.420 --> 45:44.340] title okay yeah what comes to my mind is latches
[45:44.340 --> 45:48.500] l-a-c-h-e-s it means they sat around on their
[45:48.500 --> 45:53.220] rights if they had any that that they would be able to try to collect from
[45:53.220 --> 45:56.660] you it's been what two years almost three
[45:56.660 --> 46:01.300] years now they could have why did they wait to almost three years
[46:01.300 --> 46:04.340] before i mean they haven't even asked for anything yet all of a sudden they're
[46:04.340 --> 46:06.260] just trying to foreclose because you didn't
[46:06.260 --> 46:11.460] pay something that they never asked let me read something to you latches is a
[46:11.460 --> 46:15.700] doctrine in equity whereby courts can deny relief to a
[46:15.700 --> 46:19.540] claimant with an otherwise valid claim when the
[46:19.540 --> 46:25.220] party bringing the claim unreasonably delayed asserting the claim to the
[46:25.220 --> 46:32.100] detriment of the opposing party that is dead on
[46:32.100 --> 46:36.980] okay now the bank claims that they did send me stuff but they only found one
[46:36.980 --> 46:40.420] one and i'm telling them they they never sent me any
[46:40.420 --> 46:44.180] and they claim they have one and that's bs because the thing's still in the
[46:44.180 --> 46:46.740] heloc department it hasn't even been transferred out of
[46:46.740 --> 46:50.340] there yeah so you make the claim they have to
[46:50.340 --> 46:56.580] disprove your claim so you call you go in for latches
[46:56.580 --> 47:04.180] okay ah you have time oh no uh you don't have time uh
[47:04.180 --> 47:09.220] you got to get something in pretty quick to keep them from uh
[47:09.220 --> 47:12.900] pursuing a foreclosure where are you at now they have
[47:12.900 --> 47:20.020] have they filed with the okay do they have a deed of trust is this
[47:20.020 --> 47:24.100] wait a minute this is a heloc does the heloc
[47:24.100 --> 47:29.060] authorize them to foreclose on the property
[47:30.340 --> 47:34.020] when you have paid the heloc
[47:34.820 --> 47:38.340] okay there's not going to be a deed of trust i think
[47:38.340 --> 47:45.700] uh minnesota is a deed of trust state uh in order to foreclose can in a normal
[47:45.700 --> 47:50.980] foreclosure can they they foreclose on the
[47:50.980 --> 47:54.340] the loan paperwork or do they have to go to
[47:54.340 --> 47:58.260] sue you in court for foreclosure to get a judge to authorize the
[47:58.260 --> 48:02.180] foreclosure i'm not aware of how they did that
[48:02.180 --> 48:08.580] okay but in a more in a mortgage state yeah where you only have a mortgage
[48:08.580 --> 48:12.900] then they have to file suit in court and sue for foreclosure
[48:12.900 --> 48:17.700] and get a order from the court in a deed of trust state
[48:17.700 --> 48:27.140] on a uh mortgage then a deed of trust state
[48:27.140 --> 48:34.660] that has a deed of trust in which you confess judgment in the deed of trust
[48:34.660 --> 48:38.340] you you grant them to write the right to
[48:38.340 --> 48:41.540] foreclose without taking you to court so you
[48:41.540 --> 48:48.500] you it contains a confessed judgment but this is a heloc
[48:48.980 --> 48:54.020] does it does it contain a confessed judgment
[48:54.020 --> 49:01.460] i don't understand that well in the heloc does it say that if you
[49:01.460 --> 49:08.420] default on the the loan that uh you agree that the
[49:08.420 --> 49:15.460] lender can foreclose i would have to research that sir
[49:15.460 --> 49:19.540] but even this is heloc this is different this is not a
[49:19.540 --> 49:25.860] deed of trust you that's the mortgage but heloc is different and
[49:25.860 --> 49:28.340] they're probably saying go look at the contract
[49:28.340 --> 49:32.740] you're gonna find out in the contract if it says
[49:32.740 --> 49:38.500] what they're able to do if they choose by such certain day that you
[49:38.500 --> 49:42.260] don't do xyz then they get to foreclose if it has
[49:42.260 --> 49:45.620] something like that you'll need to know that in the contract
[49:45.620 --> 49:50.500] read the contract twice right you need you need to know it better than
[49:50.500 --> 49:53.700] they do i had a a friend who helped people with
[49:53.700 --> 49:56.820] foreclosures and he was taking on some issues that the
[49:56.820 --> 50:00.100] courts had regularly ruled against and i talked to
[50:00.100 --> 50:03.540] him one time and i i said you you don't need to do all this they were saying
[50:03.540 --> 50:06.820] show me the note and the courts threw that out regularly
[50:06.820 --> 50:10.340] and i told him if you really want to take on mortgages
[50:10.340 --> 50:15.940] read the contract right you won't you won't believe all the crap you can beat
[50:15.940 --> 50:20.900] them up with if you read the contract about three months later he called he
[50:20.900 --> 50:27.460] called me and he said you were right i read the contract he'd been helping
[50:27.460 --> 50:31.220] people with foreclosures and he never read the contracts
[50:31.220 --> 50:35.940] these guys screw up the contract all the time would this happen to be wells fargo
[50:35.940 --> 50:43.540] since they are out of minnesota no it's not that good well fargo they're
[50:43.540 --> 50:49.060] really dirty around the scoundrels okay so
[50:49.540 --> 50:52.820] they got a real problem
[50:53.140 --> 50:56.660] you paid the mortgage you paid off the heloc
[50:56.660 --> 50:59.380] say that again sir
[51:01.220 --> 51:05.140] say that again what was that sir what did you say
[51:05.140 --> 51:11.460] said you paid off the heloc in accordance with the contract
[51:11.460 --> 51:14.660] you acted in accordance with the contract
[51:14.660 --> 51:21.540] then they had a requirement to finance refinance it correct and they
[51:21.540 --> 51:25.940] and they didn't correct
[51:26.340 --> 51:29.300] so they're going to say well we sent you something
[51:29.300 --> 51:34.660] what two years ago you sent me a christmas card
[51:34.660 --> 51:39.460] how would you move in one it's like bs it shouldn't have come like a like a
[51:39.460 --> 51:42.420] like a coupon book used to when you had mortgages back
[51:42.420 --> 51:46.660] 30 years ago then they have a coupon book
[51:47.060 --> 51:53.620] well the what they had to do was do a mortgage contract a mortgage or deed
[51:53.620 --> 51:59.380] of trust contract let's see we do a check to see if
[51:59.460 --> 52:02.660] is minnesota
[52:03.140 --> 52:09.860] a deed of trust state
[52:14.100 --> 52:21.540] let's see minnesota is considered a deed of trust state okay
[52:22.500 --> 52:30.020] they can foreclose based on a contract if the contract grants them the right
[52:30.020 --> 52:34.500] to foreclose in the contract but they never set that up
[52:34.500 --> 52:38.740] at the end of the heloc period two and a half three years ago
[52:38.740 --> 52:42.020] well you don't know what i don't know what's in the heloc
[52:42.020 --> 52:49.940] what the their remedy for the heloc is their problem is is they repudiated the
[52:49.940 --> 52:53.780] contract they're the ones that are owed the
[52:53.780 --> 52:59.780] money and they had to provide you with a loan
[52:59.780 --> 53:03.540] so that you could pay it off so they put you in a position to where
[53:03.540 --> 53:10.420] you could not pay it off at at absolute worst they should be
[53:10.420 --> 53:16.900] forced to reset the contract as if it was it was the day you you
[53:16.900 --> 53:20.100] paid off the heloc
[53:20.180 --> 53:23.780] and then start all over again they won't be able to charge you
[53:23.780 --> 53:27.060] anything in the interim
[53:27.860 --> 53:31.700] no they couldn't couldn't charge your interest
[53:31.700 --> 53:35.460] because you didn't agree to any they never asked for anything
[53:35.460 --> 53:38.820] they'd have to ask for something he'd have to agree to it
[53:38.820 --> 53:42.180] they got a problem what language you just used i'm gonna try to write those
[53:42.260 --> 53:49.220] notes down okay um if you want send me the contract
[53:49.220 --> 53:53.540] and i'll i'll look through it i can go through pretty quickly
[53:53.540 --> 53:59.380] so i've looked at a bunch of them and i'll give you my best
[53:59.380 --> 54:02.740] opinion next week
[54:02.980 --> 54:07.540] okay i gotta find it first but in the thousand
[54:07.540 --> 54:12.340] there should be if you can't find it go down to the
[54:12.340 --> 54:19.060] uh county clerk yeah if if the contract has any validity
[54:19.060 --> 54:22.660] it's got to be filed in there
[54:22.900 --> 54:27.220] okay anytime i get someone with a foreclosure issue
[54:27.220 --> 54:32.820] the very first thing i want them to do is go to the county clerk and see what's
[54:32.820 --> 54:38.500] in there okay they will have had to have filed
[54:38.500 --> 54:43.540] a claim with the county clerk if they don't haven't filed a
[54:43.540 --> 54:47.620] claim with the county clerk they don't have a claim
[54:47.620 --> 54:52.260] and that's because let's say you want to sell your property to me
[54:52.260 --> 54:55.940] first thing i'm going to do is i'm going to go down you have if you have other
[54:55.940 --> 54:58.100] properties you know this first thing you do is look in the
[54:58.100 --> 55:01.140] county clerk's office see if there are any uh
[55:01.140 --> 55:06.820] lien liens against property right right and a mortgage is a lien
[55:06.820 --> 55:11.060] against the property if you have a lien and you don't file it
[55:11.060 --> 55:14.260] you're subject to latches
[55:14.820 --> 55:18.980] and in most states like in texas you've got like
[55:18.980 --> 55:26.340] 90 days to get it filed if anybody you got 60 days
[55:26.340 --> 55:32.260] where nobody can come in under you and and put in a claim if you don't
[55:32.260 --> 55:37.060] file your your mortgage within 60 days and somebody comes in
[55:37.060 --> 55:41.780] and files a claim against the property it stands in front of your mortgage so
[55:41.780 --> 55:46.660] it's important to get that done hang on randy kelton brett fountain ula
[55:46.660 --> 55:51.380] radio we'll be right back would you like to make more definite
[55:51.380 --> 55:56.020] progress in your walk with god bibles for america is offering a free
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[56:17.700 --> 56:22.100] chapter by chapter basic elements of the christian life clearly presents god's
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[56:29.380 --> 56:33.140] version and basic elements of the christian life
[56:33.140 --> 56:39.780] call bibles for america toll free at 888-551-0102
[56:39.780 --> 56:50.180] that's 888-551-0102 or visit us online at bfa.org
[56:50.180 --> 57:01.380] live free speech radio logos radio network dot com
[57:01.380 --> 57:05.060] the bill of rights contains the first 10 amendments of our constitution
[57:05.060 --> 57:08.500] they guarantee the specific freedoms americans should know and protect
[57:08.500 --> 57:11.940] our liberty depends on it i'm dr katherine albrecht and i'll be right
[57:11.940 --> 57:15.460] back with an unforgettable way to remember one of your constitutional
[57:15.460 --> 57:19.060] rights privacy is under attack when you give up
[57:19.140 --> 57:21.940] data about yourself you'll never get it back again
[57:21.940 --> 57:26.100] and once your privacy is gone you'll find your freedoms will start to vanish
[57:26.100 --> 57:28.980] too so protect your rights say no to
[57:28.980 --> 57:32.020] surveillance and keep your information to yourself
[57:32.020 --> 57:36.180] privacy it's worth hanging on to this public service announcement is brought
[57:36.180 --> 57:39.940] to you by startpage.com the private search engine alternative
[57:39.940 --> 57:45.460] to google yahoo and bing start over with startpage
[57:45.460 --> 57:48.900] imagine your mom and dad are getting ready for bed they pull back the
[57:48.900 --> 57:52.980] covers and find a third party there he announces i'm with the military and
[57:52.980 --> 57:56.100] i'm sleeping here tonight that shocking image of a third party
[57:56.100 --> 58:00.100] in my parents bed reminds me what the third amendment was designed to prevent
[58:00.100 --> 58:03.460] it protects us from being forced to share our homes with soldiers
[58:03.460 --> 58:07.140] a common demand in the days of our founding fathers third party
[58:07.140 --> 58:10.980] third amendment get it so if you answer a knock at your door and guys and
[58:10.980 --> 58:13.940] fatigues demand lodging tell them to dust off their copy of the
[58:13.940 --> 58:16.660] bill of rights and reread the third amendment
[58:16.660 --> 58:31.220] i'm dr katherine albrecht more news and information at katherinealbrecht.com
[58:31.220 --> 58:34.900] the bill of rights contains the first 10 amendments of our constitution
[58:34.900 --> 58:38.340] they guarantee the specific freedoms americans should know and protect
[58:38.340 --> 58:41.780] our liberty depends on it i'm dr katherine albrecht and i'll be right
[58:41.780 --> 58:45.300] back with an unforgettable way to remember one of your constitutional
[58:45.300 --> 58:48.980] rights privacy is under attack when you give up
[58:48.980 --> 58:51.860] data about yourself you'll never get it back again
[58:51.860 --> 58:56.020] and once your privacy is gone you'll find your freedoms will start to vanish
[58:56.020 --> 58:58.900] too so protect your rights say no to
[58:58.900 --> 59:01.940] surveillance and keep your information to yourself
[59:01.940 --> 59:06.100] privacy it's worth hanging on to this public service announcement is brought
[59:06.100 --> 59:09.860] to you by startpage.com the private search engine alternative
[59:09.940 --> 59:15.620] to google yahoo and bing start over with startpage
[59:15.620 --> 59:19.940] imagine four eyes staring at you through binoculars a magnifying glass or a pair
[59:19.940 --> 59:23.060] of x-ray goggles that imagery reminds me that the fourth
[59:23.060 --> 59:27.140] amendment guarantees americans freedom from unreasonable search and seizure
[59:27.140 --> 59:30.420] fourth amendment four eyes staring at you get it
[59:30.420 --> 59:33.460] unfortunately the government is trampling our fourth amendment rights in
[59:33.460 --> 59:37.700] the name of security case in point tsa airport scanners that
[59:37.700 --> 59:41.060] peer under your clothing when government employees demand a peep at
[59:41.060 --> 59:44.420] your privates without probable cause i say it's time to sound the
[59:44.420 --> 59:48.180] constitutional alarm bells join me in asking our representatives to
[59:48.180 --> 59:51.460] dust off the bill of rights and use their googly eyes to take a
[59:51.460 --> 59:55.060] gander at the fourth i'm dr katherine albrecht more news and
[59:55.060 --> 59:59.220] information at katherinealbrecht.com
[01:00:07.780 --> 01:00:11.700] my
[01:00:11.700 --> 01:00:15.700] i read his book and it says
[01:00:18.980 --> 01:00:25.700] these warmongers come by that term right
[01:00:27.700 --> 01:00:34.500] i won't pay for the war with my body hang on i'll pay for the car with my money
[01:00:34.500 --> 01:00:40.340] i won't pay for the fun with my body okay howdy howdy randy kelton brett
[01:00:40.340 --> 01:00:46.100] fountain rule of law radio on this friday the 31st day of
[01:00:46.100 --> 01:00:52.100] january 2025 and we're talking about in minnesota
[01:00:52.100 --> 01:00:55.780] and yeah send me the contract let me look it over
[01:00:55.780 --> 01:00:59.060] there's some there's going to be some legal
[01:00:59.060 --> 01:01:07.060] issues concerning how helox are done in minnesota and i should be able to tell
[01:01:07.060 --> 01:01:12.340] from reading the contract where to go find that kind of stuff
[01:01:12.340 --> 01:01:16.260] and i give you a better idea of what you can do
[01:01:16.260 --> 01:01:21.460] next week i would appreciate that sir i can get on trying to find that thing
[01:01:21.460 --> 01:01:26.740] yes okay and my email is randy r-a-n-d-y
[01:01:26.740 --> 01:01:34.820] at rule r-u-l-e of law radio.com
[01:01:34.820 --> 01:01:39.860] and anybody could use that email if they want to send money
[01:01:41.780 --> 01:01:45.060] because that's the kind of guy i am okay yeah
[01:01:45.060 --> 01:01:50.500] send it to me i'll have a look at it okay that'd be great thank you sir
[01:01:50.500 --> 01:01:57.300] okay thank you now we're going to chris in colorado
[01:01:57.300 --> 01:02:02.100] chris tell me you got some crowing to do
[01:02:02.260 --> 01:02:07.460] crowing yeah tell me you won something else
[01:02:07.460 --> 01:02:12.900] i didn't win yet but uh i've had some decent experiences
[01:02:12.900 --> 01:02:17.780] um so i'm calling for some slight updates and then i'm
[01:02:17.780 --> 01:02:23.780] got some questions kind of deeper stuff how are you guys doing
[01:02:23.780 --> 01:02:27.060] i'm doing we're doing pretty good doing well
[01:02:27.060 --> 01:02:33.540] cool well it's good to hear you um so i filed a case on the 22nd against
[01:02:33.540 --> 01:02:38.660] that da um for the police thing
[01:02:38.660 --> 01:02:45.300] and i crafted it in a way where i put every single thing on him nothing
[01:02:45.300 --> 01:02:49.140] really against the training nothing against
[01:02:49.140 --> 01:02:52.660] um any of the other da's i put everything on him
[01:02:52.660 --> 01:02:56.020] not even the the quasi judge in the first appearance
[01:02:56.020 --> 01:03:02.260] center um the cool thing about colorado is they also have a pro se clinic so i
[01:03:02.260 --> 01:03:08.100] get access to federal attorneys again and
[01:03:08.100 --> 01:03:12.900] the the guy who heads the pro se clinic he read my complaint he said oh this is
[01:03:12.900 --> 01:03:16.020] good just make sure you have something about
[01:03:16.020 --> 01:03:19.620] vindication because they dropped your case that way
[01:03:19.620 --> 01:03:24.740] you get um you get it moving forward based on that
[01:03:24.740 --> 01:03:29.220] okay i just read the the screening from the
[01:03:29.220 --> 01:03:35.620] ifp center the former paupress and the judge is claiming that this was
[01:03:35.620 --> 01:03:42.340] sovereign immunity due to da prosecutions
[01:03:42.340 --> 01:03:49.460] um but he didn't what my case now yeah he didn't kick my case out he gave me
[01:03:49.460 --> 01:03:54.580] the opportunity to amend it um but i find it interesting that i i
[01:03:54.580 --> 01:03:58.260] crafted it almost the exact same way what i did against the police
[01:03:58.260 --> 01:04:04.340] the police do move forward um and now the da though is getting
[01:04:04.340 --> 01:04:12.980] sovereign immunity right off the bat did the judge do it on a su sponte
[01:04:12.980 --> 01:04:16.980] well it's part of the screening and did you get a 12b1
[01:04:16.980 --> 01:04:22.900] where the prosecutor claimed sovereign immunity nobody's been served
[01:04:22.900 --> 01:04:27.140] yet this hasn't even made it into the courts yet i have a case number
[01:04:27.140 --> 01:04:31.060] um so they've accepted it on some grounds but they want me
[01:04:31.060 --> 01:04:35.140] apparently to argue that the prosecutor acted outside of scope of duties which i
[01:04:35.140 --> 01:04:38.660] did but they want me to expand really quite
[01:04:38.660 --> 01:04:43.140] a bit more on that okay that's fair enough
[01:04:43.140 --> 01:04:49.540] okay the judge is helping you yeah that's good means that you
[01:04:49.540 --> 01:04:53.060] weren't very clear in showing that he was outside of scope
[01:04:53.060 --> 01:04:55.780] which is what you really need to do if you're going to
[01:04:55.780 --> 01:04:59.540] get past this immunity question
[01:04:59.940 --> 01:05:03.700] well i thought i did but i guess i didn't you're probably right so
[01:05:03.700 --> 01:05:07.140] he says i just kind of casually mentioned it but i didn't casually
[01:05:07.140 --> 01:05:10.980] mention it i went right after it in every aspect actually
[01:05:10.980 --> 01:05:16.580] so i i mentioned several times that this was an abuse of prosecutorial
[01:05:16.580 --> 01:05:24.020] um blah blah blah and are you accusing the prosecutor
[01:05:24.020 --> 01:05:30.740] of failing to train and and advise the police
[01:05:30.740 --> 01:05:37.700] okay hold on this this requires some questions before that in in texas the
[01:05:37.700 --> 01:05:42.980] prosecutor is required to uh train the police
[01:05:44.020 --> 01:05:49.060] to make make make sure that the police are following correct procedures
[01:05:49.060 --> 01:05:53.460] does a prosecutor have any such responsibility
[01:05:53.460 --> 01:05:56.740] in colorado
[01:05:57.140 --> 01:06:01.300] well this is not this not quite the issue where we're not there yet
[01:06:01.300 --> 01:06:05.300] what i have is two separate issues i have the police who did what they did
[01:06:05.300 --> 01:06:10.580] and then the prosecutor moved forward with a case knowing he had no grounds to
[01:06:10.580 --> 01:06:15.620] move forward with a case and he ignored evidence he ignored
[01:06:15.620 --> 01:06:20.180] my anything i had to say i was also summoned to court with no judge to meet
[01:06:20.180 --> 01:06:23.700] with this dork and then he threatened me with
[01:06:23.700 --> 01:06:27.540] further arrest if i didn't take a plea deal so
[01:06:27.540 --> 01:06:33.780] this is okay that yes yeah so this is self-incrimination this is a
[01:06:33.780 --> 01:06:39.300] quasi-judicial process and there was no real judge etc etc
[01:06:39.300 --> 01:06:43.380] and he had no he had no probable cause those are basically my
[01:06:43.380 --> 01:06:48.500] don't argue probable cause uh that goes to discretion
[01:06:48.500 --> 01:06:56.020] uh him making a threat against you that's outside of scope
[01:06:56.020 --> 01:07:00.740] yeah clearly definitely right
[01:07:01.540 --> 01:07:07.060] so and again this is all this is all hidden under the guise of procedures
[01:07:07.060 --> 01:07:10.740] the threat was that if i didn't meet with him
[01:07:10.740 --> 01:07:14.100] then i was going to be arrested and then
[01:07:14.100 --> 01:07:17.780] he had to somehow have the authority to walk out of his own office he ran out of
[01:07:17.780 --> 01:07:22.420] his office and then summon some other
[01:07:22.420 --> 01:07:26.740] quasi-authoritative person to summon me to the next court appearance under
[01:07:26.740 --> 01:07:29.860] threat of arrest so he didn't actually say the words but
[01:07:29.860 --> 01:07:34.580] you see how this whole thing is set up if i don't play ball
[01:07:34.580 --> 01:07:39.060] okay uh accusing me saying the words anyway
[01:07:39.060 --> 01:07:46.740] i did good okay good let him prove he didn't yeah okay
[01:07:46.740 --> 01:07:55.300] okay avoid making accusations that he can claim fall within scope
[01:07:55.300 --> 01:08:03.540] him determining whether or not to prosecute uh that's ify
[01:08:03.540 --> 01:08:08.340] well does he have that it depends on the state
[01:08:08.660 --> 01:08:12.500] you do you have that authority in colorado uh they do it
[01:08:12.500 --> 01:08:15.780] you know like they do it here in texas but they don't have that authority
[01:08:15.780 --> 01:08:19.380] right what i spoke to in the first segment
[01:08:19.380 --> 01:08:24.820] was us attorneys doing exactly the same thing
[01:08:24.820 --> 01:08:28.340] and they're a part of the executive branch
[01:08:28.340 --> 01:08:32.420] they have no power to make a problem because determination
[01:08:32.420 --> 01:08:35.300] so if
[01:08:35.700 --> 01:08:42.660] he's saying that he well he can determine what he wants to prosecute
[01:08:42.660 --> 01:08:47.300] uh he can't dismiss a case
[01:08:47.780 --> 01:08:51.540] but he can decide that he doesn't want to prosecute
[01:08:51.540 --> 01:08:55.460] and in that case he can petition the court to dismiss
[01:08:55.460 --> 01:09:00.100] in the interest of justice right so that's fine if they do that because
[01:09:00.100 --> 01:09:03.860] then it's back to the magistrate to make the decision which is
[01:09:03.860 --> 01:09:07.540] where it belongs but to have you arrested for not taking
[01:09:07.540 --> 01:09:12.900] a deal that's retaliation and witness tamper
[01:09:12.900 --> 01:09:17.140] all right well here's where it gets goofy is that
[01:09:17.140 --> 01:09:20.020] i've never had to meet with this guy legally right
[01:09:20.020 --> 01:09:24.420] there's nothing in any law any process that doesn't matter that i have to be
[01:09:24.420 --> 01:09:28.980] forced to meet with the da to first of all under pressure
[01:09:28.980 --> 01:09:34.020] okay that that's abusive process yes and i suit him for that
[01:09:34.020 --> 01:09:40.180] but an abusive process is a criminal act and criminal acts do not fall within
[01:09:40.180 --> 01:09:45.940] scope right so that's what needs to be argued
[01:09:45.940 --> 01:09:49.540] yeah malicious prosecution abusive process
[01:09:49.540 --> 01:09:53.220] and did you make federal claims against him
[01:09:53.220 --> 01:09:58.900] did you accuse him of denying you in the due process in due process
[01:09:59.220 --> 01:10:05.780] yes absolutely okay then fourth fourteenth and sixth
[01:10:07.220 --> 01:10:11.140] okay do you have my suit
[01:10:11.860 --> 01:10:15.700] i got a big section in there
[01:10:15.940 --> 01:10:22.340] uh forget my suit uh it's mostly texas
[01:10:22.740 --> 01:10:28.740] but the claim if you have the claim that he exerted or purported to exert
[01:10:28.740 --> 01:10:31.860] authority didn't have
[01:10:32.660 --> 01:10:38.740] and in the process denied you in a right i'm thinking back to did he work with
[01:10:38.740 --> 01:10:41.620] anybody else
[01:10:42.740 --> 01:10:45.780] so this is where it gets
[01:10:46.260 --> 01:10:51.940] i'm thinking 18 u.s code 373-371
[01:10:52.900 --> 01:10:59.380] 18 u.s 371 okay go back let me go back to it i should have it up here
[01:10:59.380 --> 01:11:08.500] 18 u.s c 371 enter or at least 242 maybe 241
[01:11:12.980 --> 01:11:19.140] conspiracy to commit an offense if two or more persons conspire either
[01:11:19.140 --> 01:11:23.940] to commit an offense against the united states or to defraud the united states
[01:11:23.940 --> 01:11:32.740] and you can claim that the prosecutor and the the police or two prosecutors
[01:11:32.740 --> 01:11:37.380] conspired because he sent you to a separate one
[01:11:37.460 --> 01:11:41.700] to deny you in due process
[01:11:41.700 --> 01:11:49.860] and that's an act uh 18 u.s code 241
[01:11:54.100 --> 01:12:02.340] it's kind of iffy here i could add that i could add that once i get to discovery and
[01:12:03.140 --> 01:12:06.740] another da or another section of the da's office admits that they
[01:12:07.380 --> 01:12:16.660] ordered this guy or gave this guy the the kind of the the foundation to act but what i'm doing
[01:12:16.660 --> 01:12:21.380] right now is i'm putting every single action on this guy this guy was fresh out of law school he
[01:12:21.380 --> 01:12:27.380] was probably 23 years old at the most okay so then stay away from the conspiracy and go for
[01:12:27.460 --> 01:12:34.820] 18 u.s code section 242 242 is only a misdemeanor
[01:12:36.100 --> 01:12:42.740] but it shows that it's a crime and it's it's out of scope okay yeah that's that's what i was going
[01:12:42.740 --> 01:12:51.060] to say yep yep yep i was just going to say that go back and look at 242 241
[01:12:51.540 --> 01:13:01.060] okay if two or more persons conspire to injure oppress or threaten or intimidate any person in
[01:13:01.060 --> 01:13:08.020] any state territory commonwealth and that is dead on no but you're he's he's wanting to to lump
[01:13:08.020 --> 01:13:16.260] everything on this one guy so that's why i'm suggesting 242 well you always this guy his
[01:13:16.260 --> 01:13:19.140] mouth is the mouth of the elected da
[01:13:22.020 --> 01:13:24.820] the elected da is responding at superior
[01:13:27.460 --> 01:13:29.540] that's how you get criminal conspiracy
[01:13:32.180 --> 01:13:36.740] you don't have to say anything the prosecutor did prosecutor trained this guy put him out here and
[01:13:36.740 --> 01:13:44.420] do this right but if we stick a stir up some politics somebody's going to throw somebody
[01:13:44.420 --> 01:13:50.180] else underneath the bus and that's what i want to attempt to do here if you stick the elected
[01:13:50.180 --> 01:13:55.300] prosecutor in the butt he's going to likely to throw somebody under the bus for you hang on
[01:13:55.300 --> 01:14:01.780] randy kelton brett fountain we'll be right back are you being harassed by debt collectors with
[01:14:01.780 --> 01:14:07.620] phone calls letters or even lawsuits stop debt collectors now with the michael miris proven
[01:14:07.620 --> 01:14:13.300] method michael miris has won six cases in federal court against debt collectors and now you can win
[01:14:13.780 --> 01:14:18.500] you'll get step-by-step instructions in plain english on how to win in court using federal
[01:14:18.500 --> 01:14:24.340] civil rights statutes what to do when contacted by phone mail or court summons how to answer
[01:14:24.340 --> 01:14:29.380] letters and phone calls how to get debt collectors out of your credit report how to turn the financial
[01:14:29.380 --> 01:14:35.860] tables on them and make them pay you to go away the michael miris proven method is the solution
[01:14:35.860 --> 01:14:40.580] for how to stop debt collectors personal consultation is available as well for more
[01:14:40.580 --> 01:14:46.020] information please visit rule of law radio.com and click on the blue michael miris banner or
[01:14:46.020 --> 01:14:55.220] email michael miris at yahoo.com that's rule of law radio.com or email m i c h a e l m i r r a s
[01:14:55.220 --> 01:15:01.940] at yahoo.com to learn how to stop debt collectors now i love logos without the shows on this network
[01:15:01.940 --> 01:15:06.420] i'd be almost as ignorant as my friends i'm so addicted to the truth now that there's no going
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[01:16:14.740 --> 01:16:16.260] ain't gonna blame me
[01:16:20.340 --> 01:16:21.540] don't blame me
[01:16:21.540 --> 01:16:30.260] me
[01:16:35.860 --> 01:16:46.100] i was blindsided but now i can see your plan you put the fear in my pockets took money from my hand
[01:16:46.180 --> 01:16:50.660] ain't gonna fool me with that same old trick again
[01:17:02.260 --> 01:17:07.780] okay we are back randy kelton brett fountain real raw radio and we're talking to chris in
[01:17:07.780 --> 01:17:13.220] colorado so chris why did you only want to go after this one guy
[01:17:13.220 --> 01:17:21.780] hi well i don't but i'm learning the politics of where i am i'm in colorado springs colorado
[01:17:23.620 --> 01:17:30.740] we're in the federal you know i used i used to own property outside of colorado springs
[01:17:32.740 --> 01:17:39.700] military were you in the military then no no i had a friend in colorado springs there's a
[01:17:39.780 --> 01:17:45.700] if you go west out of colorado springs as a town i forget the name of it just before you get to
[01:17:45.700 --> 01:17:51.380] that town there's a creek that crosses the road and i had property right there gave it to my
[01:17:51.380 --> 01:18:01.460] daughter she sold it for fifty thousand dollars and bought hooters the wife was all upset i said
[01:18:01.460 --> 01:18:04.340] what woman's got to keep her priorities straight
[01:18:06.580 --> 01:18:14.260] anyway okay colorado springs so i'm in this is a colorado springs da i'm in the federal court up
[01:18:14.260 --> 01:18:20.580] in denver um and i have help from the pro se federal court desk okay so i've talked to a
[01:18:20.580 --> 01:18:26.180] couple attorneys there and they understand the judges obviously a lot better than i would
[01:18:26.900 --> 01:18:31.940] and basically what they've said is go after the individuals first so the police just go after the
[01:18:31.940 --> 01:18:38.340] four police officers who were there that day and during discovery ask questions about training ask
[01:18:38.340 --> 01:18:43.700] questions about superiors ask questions about everybody above them around them and once you
[01:18:43.700 --> 01:18:48.660] get more insight then you can add them as defendants and then you can start to push them in
[01:18:48.660 --> 01:18:56.180] he says okay have you looked at my lawsuit i brought the parts of it yeah that's exactly
[01:18:56.180 --> 01:19:04.900] what i sued for and actually i didn't go after the actors i went after the judges
[01:19:05.780 --> 01:19:10.740] i went after the directors of the agencies that gets you politics
[01:19:11.620 --> 01:19:18.100] so you can't blame this policeman over here for acting in accordance with his training
[01:19:18.820 --> 01:19:28.660] everybody's going to feel sorry for him you know the argument i made is there are 254 counties in
[01:19:29.620 --> 01:19:41.860] in texas with 254 individually elected sheriffs you can't get these sheriffs to agree on anything
[01:19:41.860 --> 01:19:49.460] however they all have established his practices and procedures of law enforcement
[01:19:49.460 --> 01:19:55.860] that are horrendously illegal and they all do it exactly the same way so how does that work
[01:19:55.860 --> 01:20:04.100] the only way that happens is they were trained to do it improperly and what i alleged was is that
[01:20:04.100 --> 01:20:11.860] those entities who did the training instead of doing the training the way they were authorized
[01:20:11.860 --> 01:20:18.260] to do what they did is conspired toward an ongoing criminal enterprise
[01:20:18.260 --> 01:20:19.860] an ongoing criminal enterprise
[01:20:22.580 --> 01:20:28.260] made a pretty good argument and this is sam elmer instead of going beating up the police she says
[01:20:28.260 --> 01:20:35.540] not the police's fault they're just doing what yeah yeah they're they're the point guys but
[01:20:36.900 --> 01:20:43.540] they're only doing what they were trained to do that makes this an ongoing not just an ongoing
[01:20:43.540 --> 01:20:50.340] criminal conspiracy but ongoing criminal enterprise the whole purpose is to arrest people
[01:20:50.340 --> 01:20:57.060] for anything they want to they don't take you to a magistrate so nobody checks what they charge
[01:20:57.060 --> 01:21:03.300] you with and then the prosecutor beats you up till you take a deal and then the state collects all
[01:21:03.300 --> 01:21:13.220] this money that'll get more politics if you start going after high level officials
[01:21:13.540 --> 01:21:21.460] oh they're not going to be happy but then again i went too hard on them and they threw it out
[01:21:21.460 --> 01:21:31.940] with prejudice right so if you if you just go to the prosecutor or a good there's a we have brady
[01:21:31.940 --> 01:21:41.060] lists here they have those in colorado i haven't looked i don't know yes it was something the
[01:21:41.060 --> 01:21:46.980] requirement would have to be there brady v maryland it wasn't there something under brady about
[01:21:46.980 --> 01:21:56.660] the duty of the prosecutor to i i know the legislatures have directed prosecuting attorneys
[01:21:56.660 --> 01:22:04.100] to give advice to the police in lower courts see if you can find something in colorado
[01:22:04.420 --> 01:22:11.620] that directs the prosecuting attorney to give legal advice to the police in lower courts like
[01:22:12.180 --> 01:22:20.500] the inferior courts jp courts you mean it is essentially jp courts and police
[01:22:22.020 --> 01:22:29.940] if they're doing it wrong that will let you blame the prosecutor for teaching them to do it wrong
[01:22:29.940 --> 01:22:37.780] to do it wrong right but the goal is to get in the door and yeah that's what's interesting
[01:22:39.140 --> 01:22:43.780] what's interesting is that the police are are kind of low-hanging fruit even i think even the
[01:22:43.780 --> 01:22:49.380] courts in the legislature are feeling that way especially in colorado they've made legislation
[01:22:49.380 --> 01:22:56.180] that makes it easier to get at the police so this is this was a discussion that we had with the
[01:22:56.180 --> 01:23:02.180] attorneys and he says you get in the door by using the police and then let the police reveal
[01:23:02.820 --> 01:23:06.020] the rest and then you can bring it to everybody else he says if you go
[01:23:08.100 --> 01:23:14.660] it seems like a good strategy i i agree with him and if you you know the the police
[01:23:15.780 --> 01:23:21.060] everybody in the system they feel like the police are getting a raw deal
[01:23:21.140 --> 01:23:28.980] so yeah they're the point of the spear but you're not going to get the a jury for the most part
[01:23:29.940 --> 01:23:35.780] to think the police are bad guys right you and i were we're part of this
[01:23:37.540 --> 01:23:42.100] church of the malcontents we're not happy with these guys but 90 percent of the public
[01:23:43.700 --> 01:23:47.620] they need to believe that the police are good guys that the police will
[01:23:47.780 --> 01:23:54.740] help them and protect them they have a need for that so they can function in this society
[01:23:54.740 --> 01:24:00.340] without being terrified terrified so you're going to get a jury that does not want to beat up a
[01:24:00.340 --> 01:24:10.980] policeman so whenever i go after a policeman i always try to lighten the blow on the policeman
[01:24:11.380 --> 01:24:18.340] okay he's this point of the spear he did these things however
[01:24:19.940 --> 01:24:26.660] he's doing what he was trained to do exactly so so i'm saying i'm not seeing this guy's a bad guy
[01:24:27.380 --> 01:24:33.860] so are you suggesting that chris should should name two but one would be unnamed to say
[01:24:34.420 --> 01:24:41.540] here's the officer that did all this stuff and i i acknowledge that he probably wouldn't have
[01:24:41.540 --> 01:24:47.860] done such a horrific thing on his own so so i'm having an unnamed agent john doe
[01:24:49.140 --> 01:24:55.540] is the one who put him up to this and then you'll find out no name the disk that's
[01:24:55.860 --> 01:25:02.900] uh check to see if the prosecutor is anywhere in colorado law
[01:25:03.780 --> 01:25:11.140] is has been authorized to give advice to the police in lower courts i guarantee you he has
[01:25:13.940 --> 01:25:19.140] now you don't have to go to an unnamed you go straight to the da
[01:25:19.140 --> 01:25:28.820] he was the one that trained this officer because he was the one required to give this officer
[01:25:28.820 --> 01:25:36.820] legal advice and tell him how to do his job if he's not doing it right but the prosecutor
[01:25:36.820 --> 01:25:44.660] is accepting his behavior then this is the prosecutor that's the problem not the policeman
[01:25:44.660 --> 01:25:49.140] and you'll probably get more traction that way
[01:25:53.140 --> 01:25:58.580] my problem with mine is i went too heavy i didn't i backed that bulldog in a corner and didn't give
[01:25:58.580 --> 01:26:07.780] my way out but the next year they got it they got what we were saying and they changed the
[01:26:07.780 --> 01:26:18.980] bench book the next year i actually got what i sued for so if you sue the police and then
[01:26:21.220 --> 01:26:29.860] defend the police exactly i'm on a jury here and you're accusing this officer doing these
[01:26:29.860 --> 01:26:35.220] horrible things and i'm gonna and i want to say these officers are not really bad guys
[01:26:35.220 --> 01:26:41.060] and did you say the same thing and sorry he's appointed the spirit i have to name him
[01:26:41.780 --> 01:26:47.700] but i don't consider him to be the problem if he had been properly trained this wouldn't happen
[01:26:50.340 --> 01:26:53.780] play it on thick ready we'll be right back
[01:26:53.780 --> 01:26:54.340] back
[01:27:01.060 --> 01:27:06.980] sorry soft drink lovers even diet drinks can make you fat a new study shows that diet soda
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[01:28:20.900 --> 01:28:26.260] altogether and drink water instead i'm dr katherine albrecht more news and information
[01:28:26.260 --> 01:28:34.260] at katherinealbrecht.com this is building seven a 47 story skyscraper that fell on the afternoon
[01:28:34.260 --> 01:28:39.300] of september 11 the government says that fire brought it down however 1500 architects and
[01:28:39.300 --> 01:28:44.500] engineers concluded it was a controlled demolition over 6000 my fellow service members have given
[01:28:44.500 --> 01:28:48.820] their lives thousands of my fellow first responders are dying i'm not a conspiracy
[01:28:48.820 --> 01:28:52.580] theorist i'm a structural engineer i'm a new york city correctional i'm an air force pilot
[01:28:52.580 --> 01:28:58.580] i'm a father who lost his son we're americans and we deserve the truth go to remember building seven
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[01:30:04.420 --> 01:30:10.500] logos radio network.com
[01:30:34.420 --> 01:30:38.500] the wicked come with temptation
[01:30:41.620 --> 01:30:44.500] they're trying to buy the whole place
[01:30:47.060 --> 01:30:49.780] they want to poison the nation
[01:30:52.580 --> 01:30:56.500] because they've fallen from grace
[01:30:56.820 --> 01:31:00.580] I will not drink
[01:31:03.460 --> 01:31:05.700] I just can't act that way
[01:31:07.940 --> 01:31:16.580] okay we are back Chris Colorado Chris this sounds like fun
[01:31:19.300 --> 01:31:25.860] I think it's gonna be fun um but remember there's two major issues here they're eventually
[01:31:25.860 --> 01:31:31.220] going to be probably pretty intertwined like you're hinting at but I'm not going after the
[01:31:31.220 --> 01:31:36.020] da necessarily because of the police issue I'm going after the da because of the stupid first
[01:31:36.020 --> 01:31:43.300] appearance stuff this is a violation of due process that they are just sneaking underneath
[01:31:43.300 --> 01:31:50.820] of all the you know actual protections that we have so I'm using the da to crack the door open
[01:31:50.820 --> 01:31:58.900] to find out how they're doing this and I'm going to have have you included in your suit
[01:32:00.420 --> 01:32:06.740] a claim that says that you're suing in your individual capacity
[01:32:08.020 --> 01:32:12.820] and in the capacity of all those similarly situated
[01:32:12.900 --> 01:32:17.620] it no but I will so I don't want to take them off
[01:32:19.540 --> 01:32:25.780] I will I get to amend but here's the thing so isn't it interesting that the police
[01:32:26.580 --> 01:32:33.140] they let it totally go by I'm in and I'll share a little bit more I actually met with the uh the
[01:32:33.140 --> 01:32:39.380] the judge I got two federal judges I got a magistrate and we declined magistrate complete
[01:32:39.380 --> 01:32:44.180] magistrate oversight but I met with the magistrate on the police side super nice
[01:32:44.180 --> 01:32:56.740] guy super supportive and um great great meeting um but on the da side all I did was hint that
[01:32:56.740 --> 01:33:01.940] there was probably more systemic issues but I'm not I didn't claim anything I just hinted at it
[01:33:02.500 --> 01:33:05.940] and they're trying to put the they're trying to close the door on that this whole case
[01:33:06.580 --> 01:33:13.860] I find that super interesting and I again maybe I didn't argue enough that he acted out of scope
[01:33:13.860 --> 01:33:20.100] but I sued yeah I sued him and his individual I didn't do it as an official to get to get
[01:33:20.100 --> 01:33:22.740] through the door and they're not letting me through the door very easy
[01:33:26.020 --> 01:33:33.700] they didn't let me through either when I did that yeah me either so when we're we're going
[01:33:33.700 --> 01:33:38.900] up against their system right and that's what I'm trying to sneakily sneak my way into
[01:33:41.620 --> 01:33:47.220] let me well go for it I like your sneaky approach okay
[01:33:48.740 --> 01:33:53.620] but you you you forced me to consider something that I haven't considered before
[01:33:55.620 --> 01:34:01.540] uh if they are gonna all jump in line to protect the system itself
[01:34:03.700 --> 01:34:13.620] how do we get past that yes so maybe we have to go after the the policeman and
[01:34:15.780 --> 01:34:17.620] and beat him up really hard
[01:34:20.660 --> 01:34:27.780] because I don't know I have to I have to think about this I'm I'm working some things
[01:34:28.660 --> 01:34:35.940] to get me in front of the incoming attorney general I'm filing criminal charges against
[01:34:35.940 --> 01:34:41.140] the fifth circuit judges trying to find a way to pry this door open
[01:34:43.620 --> 01:34:49.300] so if we go after the prosecutors they're all going to jump in line
[01:34:50.260 --> 01:34:53.860] to protect one another but they won't jump in line to protect police
[01:34:53.860 --> 01:34:58.260] so let's police get beat up
[01:35:03.060 --> 01:35:08.020] so how do we get the police to the to the point that they will
[01:35:10.340 --> 01:35:13.380] stand up and rail in righteous indignation
[01:35:17.540 --> 01:35:22.420] why do you want that well we got to find a way to get through the door
[01:35:24.580 --> 01:35:30.100] and if they can't get police if you know like what I'm doing here in Texas right now is
[01:35:30.660 --> 01:35:39.860] I've got a template lawsuit and what got me on this particular issue is Colorado Springs
[01:35:41.780 --> 01:35:48.340] a guy was videotaping the police station from across the street they come over and arrested
[01:35:48.820 --> 01:35:56.100] him and held him for 14 hours and released him he sued him for $70,000 and in either
[01:35:56.100 --> 01:36:07.860] three or four months they settled with him for 40,000 I said wow I would spend 14 hours in jail
[01:36:07.860 --> 01:36:16.180] for 40 grand so let's start going down there getting in their pockets so I wrote this lawsuit
[01:36:16.980 --> 01:36:20.820] and we have a statute that requires a magistrate to issue a warrant
[01:36:22.180 --> 01:36:27.940] when he's given a criminal complaint so we had a guy in San Antonio he goes
[01:36:28.900 --> 01:36:35.380] into a JP's office gives him the JP criminal complaints against a municipal judge
[01:36:36.100 --> 01:36:43.220] the JP refuses to issue warrants he asks the bailiff to arrest the JP the JP had the bailiff
[01:36:43.940 --> 01:36:52.820] throw him out of the building he went to the next JP and within 36 minutes sued the first JP
[01:36:54.420 --> 01:36:57.700] in the small claims court for $19,000
[01:37:00.500 --> 01:37:08.900] how's that work for you mama so the JP knew for certain this rascal had that lawsuit in his hand
[01:37:09.860 --> 01:37:12.020] when he came in and asked me to do this
[01:37:14.020 --> 01:37:22.420] so he played me like a cheap fiddle and I'm doing that now I'm I've sued one judge I'm going to sue
[01:37:22.420 --> 01:37:33.300] a the city mayor it's just 19,000 and okay the guy in San Antonio they got the district attorney
[01:37:33.380 --> 01:37:41.060] to file his answer for the answer for the judge oops can you do that he sued
[01:37:41.780 --> 01:37:49.220] sued in his personal capacity it's misappropriation of public funds so now you you
[01:37:51.140 --> 01:37:57.620] move to strike the answer move for default judgment and sue the district attorney for
[01:37:58.260 --> 01:38:03.220] misappropriation public funds you can write your check to go away
[01:38:06.740 --> 01:38:13.380] if we you know when you do that every JP in the state is going to find out about it
[01:38:16.580 --> 01:38:23.060] this is how we get things changed and also how we can get them to start writing his checks
[01:38:23.540 --> 01:38:29.460] I went for 485 million dollars that was a little bit high
[01:38:31.860 --> 01:38:32.360] so
[01:38:35.460 --> 01:38:43.060] now I'm going for 19,000 if they offer me five write me a check guys I'm out of here
[01:38:44.660 --> 01:38:50.180] and then I'll go set up the next one I went into one yesterday and gave him
[01:38:50.180 --> 01:38:57.620] into one yesterday and gave him a criminal complaint and asked him to issue a warrant
[01:38:57.620 --> 01:39:09.220] against the the constable because the constable accused him of of avoidance of service because
[01:39:09.220 --> 01:39:16.260] he had my summons for two months and didn't get it filed and he looked at it and the first thing
[01:39:16.260 --> 01:39:26.580] he saw was the header on federal documents if you get a document from the from the federal court
[01:39:26.580 --> 01:39:34.260] they've got a little blue header right up at the top that tells what it is and all kind of stuff
[01:39:34.260 --> 01:39:40.820] so I've got this little blue header right up at the top except it's not very bright I I cut the
[01:39:41.300 --> 01:39:50.180] brightness down on it so you have to look close to read it I gave this to the judge the first thing
[01:39:50.180 --> 01:39:59.140] he did was zoned in on that and it says www.prosefromhell.com
[01:40:02.740 --> 01:40:09.940] slash templates he said are you pro se from hell.com oh no that's not me that's some website
[01:40:09.940 --> 01:40:19.060] where I got that template and the judge looked like he wanted to vomit oh he was glorious
[01:40:22.020 --> 01:40:25.940] and I mean first thing before he saw anything else damn he got that
[01:40:27.540 --> 01:40:35.940] so I may put it in smaller I got it in 10 point font so I may make it even smaller so they have
[01:40:35.940 --> 01:40:44.180] to really look to read it yeah we don't think we're just setting them up playing them
[01:40:47.620 --> 01:40:52.500] so we gotta fix it guys and we'll bring you good Randy Kelton we're at fountain
[01:40:53.220 --> 01:40:57.540] we live on radio and we're having way too much fun with this we'll be right back
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[01:43:53.940 --> 01:43:59.300] okay we are back randy kelton red fountain wheels law radio we're talking chris in colorado
[01:43:59.300 --> 01:44:05.540] and we're having way too much fun with this chris i was on the break i was telling
[01:44:05.540 --> 01:44:13.620] brett about me filing criminal complaints against a constable for not filing not getting my
[01:44:14.420 --> 01:44:16.020] uh subpoena served
[01:44:19.060 --> 01:44:25.540] so there's so much we can do to literally set these guys up
[01:44:26.180 --> 01:44:32.900] they forgot who we are amen well it's because we forgot who we are exactly
[01:44:32.980 --> 01:44:43.380] amen amen so i'm setting up pro se from hell.com and slash templates if you
[01:44:44.500 --> 01:44:50.580] go after them if you file some documents i want everybody to put on their pro se from hell.com
[01:44:50.580 --> 01:44:59.380] slash templates up in the top in the header and you shriek it down until maybe an eight point
[01:44:59.380 --> 01:45:06.660] font and then i went in and set it so it's uh just a half brightness so it's you can just
[01:45:06.660 --> 01:45:15.540] barely read it and i gave that to this judge and he zeroed right in on that are you this pro
[01:45:15.540 --> 01:45:24.740] se from hell.com oh no no that's the website where i got this from i could almost hear his
[01:45:24.740 --> 01:45:26.660] anal sphincter squeezing shut
[01:45:29.940 --> 01:45:32.340] so everybody put this on everything
[01:45:35.620 --> 01:45:38.580] anyway but we want them to think that we're coming after them
[01:45:40.500 --> 01:45:45.380] that we're setting them up play them like cheap fiddles so we can come in and sue them
[01:45:45.380 --> 01:45:55.380] so back to yours you got have the police the police are the ones that did this
[01:45:58.340 --> 01:46:03.860] right but first appearance sorry go ahead
[01:46:06.500 --> 01:46:11.540] what does colorado law say about arraignment
[01:46:15.460 --> 01:46:16.740] i don't know i haven't looked yet
[01:46:20.980 --> 01:46:28.580] i want i want them to reveal what they think they're doing i want them to say we do or do
[01:46:28.580 --> 01:46:34.260] not have the authority to do what we're doing and i'm putting it all on this little da who
[01:46:34.260 --> 01:46:39.060] thought he was all cocky and his big brothers and sisters got his back that's why he ran out
[01:46:39.060 --> 01:46:43.300] of his office because he thought he had the authority to do what he did i don't think they
[01:46:43.300 --> 01:46:49.940] know what they're doing i think they're just passing on illegitimate instruction
[01:46:50.660 --> 01:46:56.580] and denying everybody in their rights of due process i want them to say we have the authority
[01:46:56.580 --> 01:47:02.340] to do it under this or this this young guy did not have the authority to do it because of this
[01:47:02.340 --> 01:47:09.380] i want them to reveal it well good luck with that well i have to admit i like the idea
[01:47:10.100 --> 01:47:16.660] i do too i have wanted the same thing yeah but i've never got them to just have an open
[01:47:16.660 --> 01:47:19.700] conversation and say here's where we think we get our authority from
[01:47:22.180 --> 01:47:26.100] but don't they have to do it once you put a discovery once you put them in a lawsuit they
[01:47:26.100 --> 01:47:32.180] have to say it if i can stay in the court they're going to have to reveal where they get their
[01:47:32.180 --> 01:47:39.940] authority from right good luck i really hope that works so what's gonna what's most likely
[01:47:39.940 --> 01:47:47.780] to keep you in the court um blaming it on the new guy that's my theory
[01:47:50.340 --> 01:47:55.140] yeah we told this kid what to do but he did everything wrong so uh here's what it is and
[01:47:55.140 --> 01:48:00.820] then they start to save their own butt and then then i go after them but once i gotta get in the
[01:48:00.820 --> 01:48:05.620] door i gotta i gotta keep a suit in and maybe the maybe you're right guys maybe the police
[01:48:05.620 --> 01:48:11.780] are the least to reveal this is the systemic problem that's going to get you in the door
[01:48:13.060 --> 01:48:22.020] i'm already in the door i'm in the door with the police so um two things i i met with i met with
[01:48:22.020 --> 01:48:28.500] the judge the magistrate judge and i i've only been in a couple of these suits but this guy was
[01:48:28.500 --> 01:48:32.660] okay so tell me your side of the story why do you think you have a suit this was like a preliminary
[01:48:32.660 --> 01:48:37.860] pro se thing and i explained to him he even even read some of the parts well you were in a walmart
[01:48:37.860 --> 01:48:42.260] parking lot don't they allow overnight yes your honor blah blah blah then he gave the chance to
[01:48:42.260 --> 01:48:48.020] defense to say what's your side of it well your honor all we wanted was his id he wasn't parked
[01:48:48.020 --> 01:48:53.060] in the walmart even though i was there weren't any other guys this guy was lying i actually have
[01:48:53.060 --> 01:48:56.660] evidence to show that the defense either doesn't know what he's talking about or he's straight up
[01:48:56.660 --> 01:49:03.060] lying so as soon as i reveal that the judge is going to let me go further because okay the one
[01:49:03.060 --> 01:49:14.020] thing you have to do is always you must assume they know precisely what the truth is okay and i
[01:49:14.020 --> 01:49:21.620] am i am so if he tells something that's not true he did that on purpose he knew for certain that
[01:49:21.620 --> 01:49:28.260] he was lying right but he's trying to get on the good side of the turn of the judge to make me look
[01:49:28.260 --> 01:49:33.700] bad that's what these guys do when you're a pro se they do anything and everything to twist the
[01:49:33.700 --> 01:49:39.380] narrative to make you look even more like a pro se so i just very calmly at this point in my life
[01:49:40.020 --> 01:49:45.380] and very patiently say with all due respect that's improper that's not accurate may i speak
[01:49:46.180 --> 01:49:52.660] to the points and the judge totally let me do it and so i'm also going to submit the actual
[01:49:52.660 --> 01:49:57.860] document that the attorney said states what it does not i'm going to put that on the record
[01:49:57.860 --> 01:50:05.460] early on in the next couple weeks so the judge now knows defense is already lying okay but here's the
[01:50:05.460 --> 01:50:11.860] other part they didn't file a 12b6 they just answered the suit
[01:50:14.340 --> 01:50:16.900] oh hold on hold on okay let's take a step back here
[01:50:18.420 --> 01:50:28.420] the did the the judge okay did you file an inability to pay i did so did the did the judge
[01:50:29.380 --> 01:50:37.220] uh he now he has the right to strike your complaint to respond to
[01:50:37.220 --> 01:50:43.140] did he do that absolutely not they actually gave me the opportunity to amend and make it more clear
[01:50:47.540 --> 01:50:52.660] okay no no if he gave you the opportunity so he didn't dismiss it
[01:50:53.620 --> 01:51:00.580] but he gave you the he told you what was wrong with it and gave you an opportunity so he's telling
[01:51:00.580 --> 01:51:06.180] you if you don't fix it i'm going to dismiss it so that means you're actually in the door
[01:51:07.540 --> 01:51:13.060] right no we're way past that randy so my first screening there were some deficiencies according
[01:51:13.060 --> 01:51:18.500] to the court and they they told me everything that was wrong and they ordered me to correct it
[01:51:19.460 --> 01:51:26.900] it i got with the prostate clinic we got it all dialed in yeah that's great it passed and it was
[01:51:26.900 --> 01:51:34.260] accepted then they ordered the fed the defendants first of all to be served i didn't even have to
[01:51:34.260 --> 01:51:40.020] fill out the darn summons they filled out the summons for me and they sent it and they served
[01:51:40.020 --> 01:51:46.740] them okay then they gave them 21 days to answer defense asked for an extra 21 days so yes i gave
[01:51:46.740 --> 01:51:54.980] it to him and then they answered the suit no 12b6 okay they didn't file a 12b6 they can't
[01:51:58.100 --> 01:52:01.860] that had to be first okay and there's no uh 12b1
[01:52:03.860 --> 01:52:12.820] no work they answered the suit if they didn't file a 12b1 wow if you're going to claim immunity
[01:52:13.620 --> 01:52:20.020] that has to be the first thing you do that's too late now now you can file 20 documents
[01:52:20.660 --> 01:52:28.420] all at once with the clerk but 12b1 had the claim of immunity has to be one of them
[01:52:29.860 --> 01:52:37.940] if it's not and something has been filed you have waived it so they don't have immunity
[01:52:38.900 --> 01:52:45.780] well they claim immunity in their response they claim they had immunity okay that's 12b1
[01:52:46.900 --> 01:52:53.380] whether they called it 12b1 or not okay okay well how did they claim immunity
[01:52:55.540 --> 01:53:00.820] uh i have to read back over but just the basics they deny them they deny they did anything wrong
[01:53:00.820 --> 01:53:04.100] it was an affirmative defense they said the reason that they did what they did is because
[01:53:04.100 --> 01:53:14.020] i caused them to do what they did um and that's oh wow that's their okay when you said they did
[01:53:14.020 --> 01:53:19.780] what they did are you talking about the prosecutor did what he did or the police did what they did
[01:53:20.660 --> 01:53:24.980] yeah we're back on the police suit now this is the one that's we're actually in the door police
[01:53:24.980 --> 01:53:32.260] so chris you supposedly caused the police to do something i know right you caused them to
[01:53:32.260 --> 01:53:40.900] deprive your rights exactly well they're going to say that the police had uh cause to do what they
[01:53:40.900 --> 01:53:49.060] did that's their defense yeah and you know all of that goes to the discretion of the court and
[01:53:49.060 --> 01:53:58.100] they're always going to rule in favor of the police if it goes to discretion right
[01:53:58.260 --> 01:54:03.060] right so so you're in the door
[01:54:05.140 --> 01:54:12.660] so now you can amend did you you did you name the prosecutor in this suit
[01:54:13.860 --> 01:54:21.380] no i did i did the police separate malicious prosecution uh aggravated assault all that kind
[01:54:21.380 --> 01:54:29.140] of stuff okay i got six claims uh even the 911 call interrupting a 911 call and this is all just
[01:54:29.140 --> 01:54:36.740] the four police now through discovery we have a we have a um um scheduling scheduling hearing on the
[01:54:36.740 --> 01:54:43.380] 20th and we know i'm going to we're going to do our initial disclosures and then we're going to go
[01:54:43.380 --> 01:54:46.660] through discovery i'm going to start asking all those questions about training and i'm going to
[01:54:46.660 --> 01:54:52.580] slowly pull my attention off the police and now it's going to go towards whoever gave them their
[01:54:52.580 --> 01:55:00.820] training okay that sounds like you're in a good position now you can extract all this stuff in
[01:55:00.820 --> 01:55:10.020] discovery so that you can then come back and amend your pleading based on your discovery and then
[01:55:10.100 --> 01:55:11.220] name the prosecutor
[01:55:14.020 --> 01:55:18.340] good point back door for the prosecutor if i don't if i don't come through the front door
[01:55:18.340 --> 01:55:24.180] you're right good point so the judge gave you the option to amend
[01:55:26.180 --> 01:55:30.180] he ordered he ordered you to amend
[01:55:32.900 --> 01:55:35.940] oh the and you don't have time to wait for discovery
[01:55:36.260 --> 01:55:39.940] because if he ordered you to amend and you don't he's going to dismiss it
[01:55:40.740 --> 01:55:45.700] no i've already i've already i've already i'm in we're already in hang on hang on we'll be right back
[01:55:48.100 --> 01:55:53.700] the bible remains the most popular book in the world yet countless readers are frustrated
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[01:56:50.340 --> 01:56:55.380] you are listening to the logos radio network logos radio network dot com
[01:56:59.540 --> 01:57:05.540] the bill of rights contains the first 10 amendments of our constitution they guarantee
[01:57:05.540 --> 01:57:10.660] the specific freedoms americans should know and protect our liberty depends on it i'm dr
[01:57:10.660 --> 01:57:15.060] catherine albrecht and i'll be right back with an unforgettable way to remember your first amendment
[01:57:15.060 --> 01:57:21.220] rights privacy is under attack when you give up data about yourself you'll never get it back again
[01:57:21.220 --> 01:57:26.900] and once your privacy is gone you'll find your freedoms will start to vanish too so protect your
[01:57:26.980 --> 01:57:32.740] rights say no to surveillance and keep your information to yourself privacy it's worth
[01:57:32.740 --> 01:57:38.020] hanging on to this public service announcement is brought to you by startpage.com the private
[01:57:38.020 --> 01:57:46.100] search engine alternative to google yahoo and bing start over with startpage spar it's what
[01:57:46.100 --> 01:57:50.900] fighters do it's also how i remember the five guarantees of the first amendment if you plan to
[01:57:50.980 --> 01:57:57.940] take away my rights i'm going to spar with you s p a r with an extra p s for speech p for press
[01:57:57.940 --> 01:58:03.620] another p for petition a for assembly and r for religion most americans are familiar with the
[01:58:03.620 --> 01:58:08.980] first amendment guarantees of free speech press assembly and religion but petition for redress
[01:58:08.980 --> 01:58:13.860] is another matter we have the right to petition the government for a redress of grievances it
[01:58:13.860 --> 01:58:18.180] means that if we're unhappy with what's going on in our government we can spell out the reasons
[01:58:18.180 --> 01:58:23.220] without fear of being thrown into jail i'm dr katherine albrecht more news and information
[01:58:23.220 --> 01:58:33.060] at katherinealbrecht.com the bill of rights contains the first 10 amendments of our
[01:58:33.060 --> 01:58:37.460] constitution they guarantee the specific freedoms americans should know and protect
[01:58:37.460 --> 01:58:41.540] our liberty depends on it i'm dr katherine albrecht and i'll be right back with an
[01:58:41.540 --> 01:58:47.540] unforgettable way to remember one of your constitutional rights privacy is under attack
[01:58:47.540 --> 01:58:52.900] when you give up data about yourself you'll never get it back again and once your privacy is gone
[01:58:52.900 --> 01:58:58.820] you'll find your freedoms will start to vanish too so protect your rights say no to surveillance
[01:58:58.820 --> 01:59:04.580] and keep your information to yourself privacy it's worth hanging on to this public service
[01:59:04.580 --> 01:59:09.860] announcement is brought to you by startpage.com the private search engine alternative to google
[01:59:09.940 --> 01:59:17.540] yahoo and bing start over with startpage when i think of the second amendment i visualize
[01:59:17.540 --> 01:59:22.340] myself wrapping my two arms around the bill of rights in a big old bear hug it's how i remember
[01:59:22.340 --> 01:59:27.540] that the second amendment guarantees us the right to bear arms arms that embrace our freedoms and
[01:59:27.540 --> 01:59:33.860] won't let anyone take them away without a fight get it two arms bear hug bear arms the late senator
[01:59:33.860 --> 01:59:38.660] hubert humphrey captured the spirit of the second amendment so well when he said the right of the
[01:59:38.660 --> 01:59:43.860] citizens to bear arms is just one guarantee against arbitrary government one more safeguard
[01:59:43.860 --> 01:59:48.820] against the tyranny which now appears remote in america but which historically has proved to
[01:59:48.820 --> 01:59:54.500] always be possible i'm dr katherine albrecht more news and information at katherinealbrecht.com
[02:00:08.660 --> 02:00:12.500] ah
[02:00:16.260 --> 02:00:18.900] well i received my remedy today
[02:00:20.660 --> 02:00:30.420] came in the box just like they say i accepted it for value right away if not sooner not later
[02:00:31.140 --> 02:00:37.380] we are originators and the pathway seems to get straighter every day
[02:00:39.060 --> 02:00:44.180] and i can take anything that belongs to me and put it to good use
[02:00:44.900 --> 02:00:47.940] so
[02:01:02.180 --> 02:01:07.300] hey we are back randy calton brett fountain rules our radio and we're talking to chris chris
[02:01:07.300 --> 02:01:13.940] we've been on this a long time but it's worth it
[02:01:14.180 --> 02:01:22.500] um did the judge give you a set amount of time in which to amend your pleading
[02:01:23.700 --> 02:01:27.700] he did but i've already amended it that the second pleading is the one that got accepted
[02:01:27.700 --> 02:01:38.580] we're in the door now oh okay okay yeah yeah so now you can't amend except with uh leave of the
[02:01:38.580 --> 02:01:45.380] court right but after discovery i should be able to ask for leave once we have new information
[02:01:46.420 --> 02:01:53.300] exactly so okay so you're in the court uh you've already filed the amended pleading so you're past
[02:01:53.300 --> 02:02:03.780] that okay now you're you got accepted so now settle down and do the discovery for what you
[02:02:03.780 --> 02:02:11.780] want to prove a claim against the prosecutor have you done anything to let that cat out of that bag
[02:02:13.060 --> 02:02:17.780] no i'm going to go after again i got two different suits i'm going after the police
[02:02:17.780 --> 02:02:23.780] i'm going to let the police reveal their training then i'm going to take that training and go after
[02:02:23.780 --> 02:02:28.660] and follow that lead as far back as i can get it if it leads me all the way back to the prosecutor
[02:02:28.740 --> 02:02:35.140] great but i've also got another suit now against the prosecutor and i'm using that to go after
[02:02:35.140 --> 02:02:41.380] the first appearance nonsense that they're sweeping across the nation read the criminal
[02:02:41.380 --> 02:02:53.380] procedure code okay texas criminal procedure code says uh 2601 an arraignment shall be held in the
[02:02:53.380 --> 02:02:58.100] matter of a felony or a misdemeanor punishable by imprisonment
[02:03:00.340 --> 02:03:06.420] i read that said what and then 2602 says an arraignment
[02:03:07.300 --> 02:03:14.260] is it a hearing for the purpose of identifying the accused and taking a plea
[02:03:14.740 --> 02:03:26.340] okay right got that now we go to 28 28 is the one that authorizes the court to order someone to come
[02:03:26.340 --> 02:03:41.620] into court and it says that the that the judge can order a a what's the word a defendant to appear to
[02:03:41.940 --> 02:03:49.700] to appear to meet with the prosecutor they do that all the time but they don't for a conference
[02:03:49.700 --> 02:03:58.020] and hearing yeah for a conference and hearing for these reasons and there is 11 of them
[02:03:59.380 --> 02:04:08.660] the first one is for an arraignment all of the rest of them are to hear motions or different
[02:04:08.660 --> 02:04:16.420] motions or pleadings of the defendant there is nothing in there that authorizes the judge
[02:04:17.060 --> 02:04:19.140] to order someone to come to court
[02:04:21.380 --> 02:04:25.940] other than for an arraignment or for a motion or pleading this before the court
[02:04:27.140 --> 02:04:32.660] yeah and even that it still says that the defendant is coming to
[02:04:32.660 --> 02:04:41.700] to have the conference and hearing before the court before the court not before a prosecutor
[02:04:42.820 --> 02:04:50.500] so what i'm telling this is what you look for is there anything that authorizes a prosecuting
[02:04:50.500 --> 02:04:58.740] attorney to order a citizen to appear well can i ask a question back i don't care if there is
[02:04:58.740 --> 02:05:03.140] anything that says is that constitutional yeah
[02:05:06.100 --> 02:05:12.500] wait a second you mean i could be forced to meet with my adversary without without my my
[02:05:12.500 --> 02:05:18.500] accuser being before me without a chance to present anything like no no no no you
[02:05:18.500 --> 02:05:23.540] they can order you to meet with the prosecutor for the purpose of a hearing
[02:05:23.540 --> 02:05:30.980] okay yeah you can't have you just meet with the prosecutor talk to the prosecutor
[02:05:32.020 --> 02:05:35.140] you meet with the prosecutor to hear motions or pleadings
[02:05:36.980 --> 02:05:42.420] that's me they they you know i go to last time i went to court on a traffic ticket
[02:05:42.420 --> 02:05:47.380] he sent me to the prosecutor told him i don't talk to persecuting attorneys
[02:05:47.380 --> 02:05:53.540] you're not going to talk to me i don't talk to persecuting attorneys
[02:05:55.620 --> 02:05:59.380] so no they can't order me to talk to the attorney the prosecutor
[02:06:00.500 --> 02:06:07.220] but i went to one in southlake i was helping someone else one of his truck drivers
[02:06:08.260 --> 02:06:15.860] and they called this guy into the back and i went with him and baliff said you can't go with him
[02:06:16.740 --> 02:06:21.940] i said yeah i'm his bud i'm here to help him oh no only he can go in there i said wait wait wait
[02:06:23.620 --> 02:06:32.260] where's the judge well there is no judge here today so that prosecutor convened this hearing
[02:06:33.780 --> 02:06:38.260] he said well it's just a it's not a hearing it's just to meet with the prosecutor
[02:06:39.220 --> 02:06:46.100] and i filed 58 felony charges against that prosecutor and it was her first day
[02:06:49.300 --> 02:06:54.900] i went to jp and filed 58 felony charges against her with the jp
[02:06:58.340 --> 02:07:03.940] okay point is if the prosecutor if you were ordered to come to court and there was no judge there
[02:07:03.940 --> 02:07:12.420] there and you only met with the prosecutor that in texas would be simulating the legal process
[02:07:13.460 --> 02:07:17.700] and that's gotta gotta have something in colorado for that
[02:07:19.780 --> 02:07:25.460] well i did simulation and but i put it all on this da i put everything i put everything on him all
[02:07:25.460 --> 02:07:32.900] these things we're talking about is all on this little guy oh that's wonderful this guy's got to
[02:07:32.900 --> 02:07:42.820] be squirming well he doesn't even know he hasn't been served yet oh yeah when he gets served
[02:07:43.860 --> 02:07:52.740] he's going to go ballistic yeah exactly exactly okay well you're in a good spot and
[02:07:53.380 --> 02:08:00.820] there's not much more to do until you've uh until they take their next step yeah
[02:08:03.860 --> 02:08:09.460] okay keep us up to speed you have a full board but i have two two quick things and then we'll
[02:08:09.460 --> 02:08:15.620] follow up hopefully another another week or so um on my third case the one against the hospital
[02:08:15.620 --> 02:08:25.780] we fully briefed the the um the appeal but out of nowhere last week defense submitted a supplemental
[02:08:25.780 --> 02:08:31.540] authority all they did was quote the case they didn't mention anything from the case the case
[02:08:31.540 --> 02:08:37.700] is inapplicable it just has two two of the words in it that they need and they didn't talk about
[02:08:37.700 --> 02:08:51.860] any of it so i what's that what did what did they do they pulled a case that ruled on in january
[02:08:51.860 --> 02:08:55.700] that talks about equitable stoffel and equitable tooling which was two of my arguments
[02:08:56.340 --> 02:09:02.580] but the case that they're using isn't really it's not parallel it just has those two words in it
[02:09:02.580 --> 02:09:09.620] and they're trying to get the court to side with them but i found it interesting that
[02:09:09.620 --> 02:09:14.420] they didn't argue it because there's nothing to argue in the case but they mentioned it
[02:09:16.740 --> 02:09:18.340] wait a minute i'm not sure what
[02:09:18.340 --> 02:09:27.940] what they're just being their normal uh and incompetent selves they brought up a case
[02:09:27.940 --> 02:09:35.620] that doesn't pertain to them and it's it's not on point but they didn't argue it but that's okay
[02:09:35.620 --> 02:09:42.340] because they can't all it is they found a keyword match or something and and they just did a slap
[02:09:43.220 --> 02:09:48.500] they just tried to slap at it but they didn't really argue anything and slap them back with
[02:09:48.500 --> 02:09:54.900] the motion for sanctions well i i get 350 words to answer it and i'm gonna i'm not what they did
[02:09:54.900 --> 02:10:00.580] is they opened up a door for an authority and if eric's listening thank you eric because he
[02:10:01.540 --> 02:10:06.980] that stuff that he sent from the institute for justice and if you guys listen to that recording
[02:10:07.540 --> 02:10:12.100] she mentioned some stuff okay and she in one of the cases she mentioned and there was a court
[02:10:12.100 --> 02:10:17.540] from the supreme court case a case from the supreme court in texas called mosley versus
[02:10:17.540 --> 02:10:22.100] something and it's actually a medical something and it has to do with being misled by the
[02:10:22.100 --> 02:10:26.500] government as an equitable stop or equitable tolling i wouldn't get when eric showed that
[02:10:26.500 --> 02:10:31.300] to me i got pissed because i didn't know about it i wanted it as an authority now i get to
[02:10:31.300 --> 02:10:36.100] i get to submit it as an authority because these guys opened the door for me and in my response
[02:10:36.100 --> 02:10:42.820] i get to stick that case in there now and talk about it so that's that's what i'm going to do
[02:10:44.340 --> 02:10:49.540] but that's a segue into another thing and this is what i want to call back maybe another time
[02:10:49.540 --> 02:10:54.660] and talk about in that recording institute for justice they talk about getting something before
[02:10:54.660 --> 02:11:00.500] the supreme court if the supreme court were to rule that the legal system has become so complicated
[02:11:00.500 --> 02:11:07.540] for the average person that even attorneys can't find the answers if the supreme court
[02:11:07.540 --> 02:11:14.660] were to rule that ignorance of the law actually can be an excuse it would be huge for the average
[02:11:14.660 --> 02:11:23.460] person i want to know how we get a case before the supreme court as a group as whatever to start
[02:11:23.460 --> 02:11:29.780] addressing some of these things and then second point is the weaponization of the government
[02:11:29.780 --> 02:11:38.900] notices they have made these government notices so you can't get past them sometimes because
[02:11:38.900 --> 02:11:44.100] in the in the case of my hospital suit in wyoming it's not just clear in the legislation
[02:11:44.100 --> 02:11:47.540] that's been it's been interpreted by the courts and like two or three levels down
[02:11:48.100 --> 02:11:51.940] that you don't know the answers some of the attorneys don't even know the answers
[02:11:52.820 --> 02:11:58.180] and they're weaponizing against us we have got to get the supreme court to take some of the
[02:11:58.180 --> 02:12:03.940] complication out of this so we actually can just get cases on the merits instead of cases on who
[02:12:03.940 --> 02:12:10.980] knows more about the technicalities of it how do we get cases as a group to the supreme court that's
[02:12:10.980 --> 02:12:18.180] something i'm interested in trying to do i think we're right for opportunities to do that we have
[02:12:18.180 --> 02:12:29.940] to create a claim where the supreme needs to give direction to the court
[02:12:29.940 --> 02:12:37.380] need essentially a first blush issue or something that has been ruled differently in the
[02:12:38.020 --> 02:12:43.940] in the courts of appeals and it needs some some distinction by the supreme
[02:12:43.940 --> 02:12:52.740] court yeah well if if my appeal doesn't win and it's 50 50 at this point that's what i want to
[02:12:52.740 --> 02:12:57.620] bring in the supreme court is the fact that they're weaponizing the government protections
[02:12:57.620 --> 02:13:02.660] against the people to the point and it literally says it in the statute you have to have it literally
[02:13:02.660 --> 02:13:08.020] 100 perfect the way we say it but in the statute it'll actually say the government does not have
[02:13:08.020 --> 02:13:12.340] to respond to this notice the government does not have to act on this notice before a suit
[02:13:12.900 --> 02:13:16.980] government doesn't have to do anything but you as a person bringing in the government
[02:13:17.620 --> 02:13:20.020] have to get it perfect dude
[02:13:24.100 --> 02:13:29.300] can you send me something on that i tried to look up this most of the case but i couldn't find it
[02:13:29.300 --> 02:13:36.260] yeah
[02:13:49.140 --> 02:13:55.540] okay hang on we're at fountain rule of law radio uh let's see how we're doing we got
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[02:14:49.220 --> 02:14:58.500] of law radio.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
[02:14:58.500 --> 02:15:05.220] now rule of law radio is proud to offer the rule of law traffic seminar in today's america we live
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[02:16:01.060 --> 02:16:07.700] if you are listening to the logos radio network logosradio.com
[02:16:12.020 --> 02:16:16.100] well don't let nothing get to you only the father can deliver you
[02:16:16.900 --> 02:16:21.860] so don't let bad mind people hurt you until they can get behind you
[02:16:21.860 --> 02:16:34.980] okay
[02:16:36.500 --> 02:16:42.420] the randy kelton brett fountain rule of law radio and chris are we done with you
[02:16:43.460 --> 02:16:48.260] yeah i'm gonna get off that that case is mostly the texas health and human services
[02:16:48.260 --> 02:16:51.940] it basically says due process forbids the government from insisting even on correct
[02:16:51.940 --> 02:16:55.540] legal requirements when the government has misled the regular regulated party
[02:16:55.540 --> 02:17:02.020] about what they are so that's the supreme court case of texas um you have a case number on it
[02:17:03.060 --> 02:17:05.460] uh 17-0345
[02:17:05.460 --> 02:17:12.740] that is a that's that's enough that's not a
[02:17:15.060 --> 02:17:23.620] that's the trial court sounds like yeah okay i'll see if i can find it okay that's the topic i'd
[02:17:23.620 --> 02:17:27.700] like to talk about some point down the road maybe get harman involved but i think it's time for
[02:17:27.700 --> 02:17:33.140] this group to actually get a supreme case supreme court case against up against the uh you know we
[02:17:33.140 --> 02:17:36.660] got enough good people who are qualified to pull something that off i think together we could do
[02:17:36.660 --> 02:17:43.620] something like that and let's let the justice system know we want to be heard yep i'm working
[02:17:43.620 --> 02:17:52.580] on that too okay thank you chris i always appreciate you okay now we're going to alex
[02:17:53.860 --> 02:17:57.380] hello alex what do you have for us today
[02:17:57.380 --> 02:17:59.620] okay
[02:18:02.740 --> 02:18:03.620] hello alex
[02:18:06.900 --> 02:18:13.060] oh no have we run alex out of battery or maybe we put her to sleep
[02:18:14.500 --> 02:18:21.460] oh uh-oh something's wrong our whole collarboard yeah my whole collarboard just crapped
[02:18:22.260 --> 02:18:28.020] set everything just went completely blank we just lost the collarboard
[02:18:34.580 --> 02:18:42.980] so we will have to see if that comes back okay my system is logging back in
[02:18:44.980 --> 02:18:50.740] see if it comes up i think we might have got a glitch on the collarboard where it
[02:18:51.540 --> 02:18:53.060] blinked out and it's coming back
[02:18:55.460 --> 02:19:04.980] did yours get a reset brett it's still blank well mine popped up the uh password again
[02:19:06.500 --> 02:19:11.220] okay it's still blank uh don't know if deborah's back there in the background
[02:19:11.220 --> 02:19:17.540] why don't you while i'm talking call deborah and have her check to see oh i have the
[02:19:18.420 --> 02:19:19.860] we have the wave station up
[02:19:21.540 --> 02:19:27.620] uh i don't know how to do that i'm gonna leave the wave station alone call deborah i wouldn't see
[02:19:28.980 --> 02:19:32.580] okay mine just got the password a second time so it may be rebooting
[02:19:33.780 --> 02:19:42.100] okay uh call deborah i'll i'll i'll i'll hold down the fort okay so
[02:19:42.500 --> 02:19:51.700] so i don't know what to say i don't do this i don't know how to do it we usual with no callers
[02:19:53.140 --> 02:19:59.140] but back to what i'm i'm trying to accomplish we
[02:20:01.140 --> 02:20:07.940] carabelle and i filed this lawsuit and i kind of went over the top with it and the
[02:20:07.940 --> 02:20:10.900] the court dismissed it
[02:20:13.140 --> 02:20:19.700] with prejudice i appealed it and the appellate court accepted the
[02:20:22.660 --> 02:20:28.980] findings of fact and conclusions at law issued by the magistrate
[02:20:29.860 --> 02:20:36.580] but the findings of fact and conclusions issued by the magistrate were based on
[02:20:38.020 --> 02:20:49.220] absolutely horrible case law almost none of it was valid but the court of appeals accepted it
[02:20:49.300 --> 02:20:53.140] appeals accepted it even though it was bad case law
[02:20:55.620 --> 02:21:02.260] said see dismissed my suit said the suit is frivolous it's dismissed with prejudice the
[02:21:02.260 --> 02:21:11.780] next year the people that i sued those individuals that train public officials
[02:21:12.820 --> 02:21:16.580] added to the bench book exactly what i was saying was missing
[02:21:17.300 --> 02:21:26.340] but there must be a problem of cause determination so they established by that action that my suit
[02:21:26.340 --> 02:21:36.340] was not frivolous so they gave me a shot at the fifth circuit so now i'm preparing criminal
[02:21:36.340 --> 02:21:45.620] charges against the fifth circuit judges accusing them of conspiring with this magistrate judge
[02:21:45.620 --> 02:21:55.140] and the trial judge to deny pro se litigants due process and i'm alleging they're doing it
[02:21:55.140 --> 02:22:02.260] because judge pitman judge pitman is the district judge the federal district judge in austin
[02:22:04.020 --> 02:22:07.540] there used to be three federal district judges in austin
[02:22:08.020 --> 02:22:18.740] but now there's only one judge sparks retired or quit or whatever he did and then judge yackel
[02:22:19.780 --> 02:22:23.780] he retired because he said you're you're not remembered
[02:22:25.780 --> 02:22:31.460] for what you've done over the course of your career you're primarily remembered for the last
[02:22:31.460 --> 02:22:40.420] thing that you did and he retired because his docket was so full he could not keep up with it
[02:22:40.420 --> 02:22:44.900] and he didn't want to be remembered for someone who couldn't keep up with his docket
[02:22:44.900 --> 02:22:54.900] so he retired and that left judge pitman with a docket for that three judges should be handling
[02:22:54.900 --> 02:23:03.700] so he gets my pro se suit and he just tosses it because they don't have to i i get it he don't
[02:23:03.700 --> 02:23:14.260] have time to mess with it however the fact that he don't have time to mess with it is his problem
[02:23:14.980 --> 02:23:24.260] not my problem my problem is that i have a right to a fair adjudication of my case
[02:23:24.820 --> 02:23:36.260] i don't care how swamped he is so by going after the fifth circuit with trump having just taken over
[02:23:36.260 --> 02:23:48.660] over what i'm going to do is push trump to appoint two new district judges for austin
[02:23:49.860 --> 02:23:54.900] fill in these empty places as quickly as possible and in the process
[02:23:55.460 --> 02:24:01.620] i'm going to be going after the judge that's there for doing the only thing he could
[02:24:02.500 --> 02:24:11.780] not his fault i get that life is tough deal with it you don't have enough judges you should have
[02:24:11.780 --> 02:24:17.860] done something to get some judges or you should have transferred my case to someone who had time
[02:24:17.860 --> 02:24:25.780] to hear it you don't get to throw my trace case in the trash just because you were busy
[02:24:25.860 --> 02:24:35.380] just because you were busy so now i want to present my case give notice to a grand jury
[02:24:35.380 --> 02:24:43.380] of my case and what i'm going to do is i'm going to go down to the district federal district court
[02:24:43.380 --> 02:24:52.820] in fourth and i'm going to act ignorant i'm going to go down there and they're going to ask me
[02:24:53.700 --> 02:24:57.540] what my business here today is i'm going to tell them i got business here it's not yours
[02:24:58.100 --> 02:25:01.700] and then they're going to get real the u.s marshals they're going to get real huffy puffy
[02:25:02.340 --> 02:25:07.860] say okay i'm here to see the grand jury and they're going to tell me i can't see the grand
[02:25:07.860 --> 02:25:15.300] jurors and i'm going to ask them if they're lawyers they're going to say no we're we're
[02:25:15.300 --> 02:25:22.580] u.s marshals yeah you're two-bit knuckle draggers who are too ignorant to work out there in the field
[02:25:22.580 --> 02:25:26.740] so they put you here in the court where you can't cause any trouble and you're going to
[02:25:26.740 --> 02:25:38.020] give me legal advice get lost get me the u.s attorney and that'll like you because you know
[02:25:38.020 --> 02:25:41.700] if i get them all upset and they'll probably call the u.s attorney because they figure the u.s
[02:25:41.700 --> 02:25:51.700] attorney will come down and drop the sky on me i will tell the u.s attorney i am here to give
[02:25:51.700 --> 02:26:04.180] notice to the grand jury of crime and i'm hoping that he tells me that you can't give notice to the
[02:26:04.180 --> 02:26:09.460] grand jury of crime and then i'm going to ask the the u.s marshals to arrest him and they're not
[02:26:09.460 --> 02:26:21.700] going to arrest him and then i file my complaints against the fifth circuit and the pitman and
[02:26:21.700 --> 02:26:29.780] hightower the the judge and magistrate in austin then i filed that with the incoming attorney general
[02:26:29.780 --> 02:26:41.060] in dc and ask the incoming attorney general to direct the district attorney i mean the u.s
[02:26:41.060 --> 02:26:50.020] attorney to stand aside and let me give notice to the grand jury of crime hey alex is back
[02:26:50.500 --> 02:26:55.700] a color color boards back up about to go to our sponsors we'll we'll go to the
[02:26:55.700 --> 02:27:02.820] callers as soon as you get back uh wonderful everyone knows that walking is great exercise
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[02:27:53.380 --> 02:27:58.420] live longer than expected in case you're wondering one meter per second is about two and a quarter
[02:27:58.420 --> 02:28:04.180] miles per hour a senior's age gender and walking speed were as good at predicting life expectancy
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[02:28:09.860 --> 02:28:15.060] walking speed is quick and inexpensive it only takes a stopwatch some space to walk in a few
[02:28:15.140 --> 02:28:20.100] minutes researchers say it could help doctors identify older patients who need special care
[02:28:20.740 --> 02:28:24.980] i'm dr katherine albrecht more news and information at katherinealbrecht.com
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[02:29:37.460 --> 02:29:42.580] character development we wish to reflect god's light and be a blessing to all those with a
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[02:29:59.140 --> 02:30:04.820] live free speech radio logos radio network.com
[02:30:29.140 --> 02:30:38.180] okay we are
[02:30:40.100 --> 02:30:43.860] we got our caller board back up we are going to alex in
[02:30:46.260 --> 02:30:54.260] california arkansas new mexico somewhere hello alex hi how are you how's your throat
[02:30:54.340 --> 02:31:00.980] okay wait say that again your throat oh better
[02:31:04.580 --> 02:31:12.580] thanks for your patience alex well glad you called back i'm glad your yeah i'm glad your
[02:31:12.580 --> 02:31:17.460] caller board got back to live and prosperity
[02:31:20.820 --> 02:31:28.420] so i i'll i guess i'll i'll explain again where i'm at i'm actually one step
[02:31:28.420 --> 02:31:36.180] before i'm i'm once i'm not as far as um chris i'm like one step behind him or several steps
[02:31:36.820 --> 02:31:42.660] so i'm still at the uh screening phase that he actually also mentioned
[02:31:43.780 --> 02:31:51.540] that the informal paupers people have to go through and i am needing to file my objections
[02:31:51.540 --> 02:31:58.660] against the findings and recommendations of the magistrate judge to dismiss my complaint without
[02:31:58.660 --> 02:32:10.180] leave to amend and this was a suit 1983 against judges and um i am facing a lot of doctrines that
[02:32:10.180 --> 02:32:18.020] i need to overcome uh like the 11th amendment immunity and rucker feltman and judicial immunity
[02:32:18.020 --> 02:32:25.540] and all this good stuff and my uh well first of all my opinion is that the um doctrine of
[02:32:25.540 --> 02:32:36.100] judicial immunity is uh in conflict with the constitution itself and um while so i will
[02:32:36.100 --> 02:32:44.820] obviously rebut all his um all his um actually weightless argumentation because the only thing
[02:32:44.820 --> 02:32:51.620] that he was citing was case law without any application to my specific facts but my question
[02:32:51.620 --> 02:32:59.540] here is this so i had the idea to um with my objections i want to make it really really hard
[02:32:59.540 --> 02:33:07.540] for them to flat out dismiss uh just based on their uh recitations of other case law
[02:33:08.260 --> 02:33:16.820] um and i want to uh not only make them determine where the constitution grants them the power to
[02:33:16.820 --> 02:33:27.060] immunize themselves i but i also want to challenge several things um so first of all the um the
[02:33:27.060 --> 02:33:36.580] actual screening requirement which is uh codified into 28 usc 1915 it does mention that the court
[02:33:36.580 --> 02:33:49.140] shall dismiss um any suit where the defendant is immune and i cannot find in this chapter 28 any
[02:33:49.140 --> 02:33:58.580] citation of a judicial officer being immune the only immunity that is in this chapter 28
[02:33:59.460 --> 02:34:08.020] is applicable to foreign states so i would i think they are trying to imply the doctrine of
[02:34:08.020 --> 02:34:16.500] judicial immunity into this screening requirement but oh interesting applicable yeah because uh
[02:34:16.500 --> 02:34:23.860] they something that was designed only for foreign states in this chapter at least in the chapter
[02:34:23.860 --> 02:34:31.700] where you have the screening requirement yeah for screening that yeah there is no um mentioning
[02:34:31.700 --> 02:34:38.980] of judicial immunity anywhere in any statute it's just a doctrine but so my idea is to
[02:34:40.420 --> 02:34:49.140] uh with my objection also put a challenge to um well first of all the the constitutionality
[02:34:49.140 --> 02:34:56.900] of the doctrine of judicial immunity then i want to put before their um before them that
[02:34:57.620 --> 02:35:07.620] it is an impossibility for the judiciary to um well not only that they don't have the authority
[02:35:07.620 --> 02:35:14.820] to create law or such a doctrine but they can also not um adjudicate about it because they have a
[02:35:14.820 --> 02:35:22.260] conflict of interest because they themselves are judges so there is an issue with them ruling on
[02:35:22.260 --> 02:35:28.340] such a thing in the first place exactly cannot be neutral anymore so that's another thing i want
[02:35:28.340 --> 02:35:41.060] to put in there and then the the actual the um the 42 1983 uh they in their case law and i don't know
[02:35:41.060 --> 02:35:47.300] if you remember brent we we went kind of back and forth like uh in the messaging in the telegram
[02:35:47.300 --> 02:35:56.900] but i don't think i got my point across because i i want to challenge that the um the jurisprudence
[02:35:57.700 --> 02:36:17.060] um does say that uh the the 42 usc 1983 um does apply uh judicial immunity and and that um criminal
[02:36:17.140 --> 02:36:24.660] statutes cannot be used to get remedy in a civil 1983 suit so
[02:36:26.580 --> 02:36:36.020] and me my point actually is or my question is um i know like i only found one um federal
[02:36:36.740 --> 02:36:48.100] statute on how to challenge the constitutionality constitutionality of um a statute which is federal
[02:36:49.060 --> 02:36:57.460] oh i can't even talk anymore federal rule of civil procedure 5.1 but this is a challenge to
[02:36:57.460 --> 02:37:03.460] a statute that's not a challenge to a doctrine so i wonder if the challenge to how do i do a
[02:37:03.460 --> 02:37:10.500] challenge to the doctrines should i just put it within my objections and with that actually
[02:37:11.300 --> 02:37:18.820] make it harder for them to throw the whole thing out um because they would have to answer that as
[02:37:18.820 --> 02:37:25.860] well and i want to make it so they can't they can't say it's moot um and i also want to put
[02:37:25.940 --> 02:37:34.980] in front of them that i want a jury to decide on whether the judiciary can have immunity
[02:37:34.980 --> 02:37:41.380] at all a jury needs to decide that not them and i want to all get this in front of them
[02:37:42.420 --> 02:37:50.020] um do you guys have any suspicions or what could happen or i have a comment on that
[02:37:50.100 --> 02:37:56.820] you might uh-huh when you were talking about that this is something i'm working toward
[02:37:57.780 --> 02:38:07.300] i want a jury to rule on that and jury yeah i'm accusing the judges
[02:38:08.420 --> 02:38:17.380] in the fifth circuit of a criminal act they have claimed to act within their discretion
[02:38:17.940 --> 02:38:25.700] well i'm claiming that what they did in denying me access to the court is not within their
[02:38:25.700 --> 02:38:34.500] discretion that it was a criminal conspiracy on their part to deny pro se litigants in the
[02:38:34.500 --> 02:38:42.340] due course of the law and i want a grand jury to rule on that not a not a petty jury and certainly
[02:38:42.420 --> 02:38:49.780] jury and certainly not these judges right yeah but we do have two juries
[02:38:51.140 --> 02:39:00.020] and the u.s attorney does everything he can to block us from the second jury the grand jury
[02:39:01.940 --> 02:39:08.980] that's a door i'm trying to get open that's the one that needs to say no there's nothing
[02:39:08.980 --> 02:39:17.780] in law that allows a judge to grant himself immunity so by doing so he has uh reached
[02:39:17.780 --> 02:39:29.220] his violated separation of power and uh nullified laws for which he claims he's immune
[02:39:32.500 --> 02:39:37.860] anyway i'll sort that out i'll when i go after them for this i'll go after them
[02:39:37.860 --> 02:39:46.740] for something very specific like in this case we have case law walker v packer judge has no
[02:39:46.740 --> 02:39:55.140] discretion improperly applying the law to the facts failure to do so is an abuse of discretion
[02:39:56.020 --> 02:40:05.060] so i'm arguing these judges abused their discretion and in the process denied me
[02:40:05.060 --> 02:40:11.700] full free access to her enjoyment of a right and they acted in concert inclusion
[02:40:11.700 --> 02:40:19.140] one with the other that violates 18 u.s code 241 i want a grand jury to rule on that
[02:40:23.060 --> 02:40:30.500] yeah that seems pretty straightforward it does and um i wonder if i should just
[02:40:30.980 --> 02:40:37.620] uh maybe i'm doing making it too complicated is it just a matter of me putting this into
[02:40:38.900 --> 02:40:44.820] into the objection try putting it in a criminal complaint and taking it to a grand jury
[02:40:46.100 --> 02:40:51.780] they're asking the judges to rule against themselves and i'm saying they don't have
[02:40:51.780 --> 02:40:56.820] standing to do that hang on randy kelton brett fountain we'll be right back
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[02:43:18.260 --> 02:43:21.620] oh
[02:43:23.940 --> 02:43:33.220] always i must be careful what i'm wishing for when i'm hungry okay howdy howdy
[02:43:34.100 --> 02:43:41.540] bandy kelton we're at fountain rule our radio and we're talking to alex in california
[02:43:42.820 --> 02:43:46.500] okay let's see i just muted you instead of unmuting you okay
[02:43:48.500 --> 02:43:53.540] yeah what i'm looking at yeah and i'm trying to figure out how they're going to get around it
[02:43:55.060 --> 02:44:06.740] of grand jury a grand jury can examine into any criminal accusation
[02:44:08.180 --> 02:44:15.700] that comes to their knowledge by way of any member of the grand jury or prosecuting attorney
[02:44:15.780 --> 02:44:23.860] i can't find anything in law that forbids me to give notice to the grand jury of crime
[02:44:24.820 --> 02:44:30.420] now the prosecutor is going to say that only a prosecuting attorney can present criminal
[02:44:30.420 --> 02:44:39.220] complaints to grand jury and i'm going to say not exactly only a prosecuting attorney
[02:44:39.780 --> 02:44:48.260] attorney can present a complaint to a grand jury as a matter of right
[02:44:49.940 --> 02:44:56.100] because they are granted the right to do that in statute however
[02:44:58.260 --> 02:45:04.020] i'm not trying to do a to present a criminal complaint they're going to say you can't present
[02:45:04.020 --> 02:45:11.940] your complaint to the to the grand jury i'm going to say here you're using present as a transitive
[02:45:11.940 --> 02:45:22.340] verb when you say that only the prosecuting attorney can present a complaint to the grand jury
[02:45:22.340 --> 02:45:25.380] you're using present as a noun
[02:45:27.860 --> 02:45:37.140] as a term that describes or that labels a specific activity
[02:45:38.740 --> 02:45:45.700] to present to the grand jury is not to just go give a presentation to the grand jury
[02:45:45.700 --> 02:45:56.260] the prosecutors are specifically authorized to do this formal procedure they call a present
[02:45:59.140 --> 02:46:05.860] when i go to a grand jury i'm not presenting them anything i'm giving them notice of crime
[02:46:07.140 --> 02:46:11.140] yeah then they might want to call you in to have you make a presentation
[02:46:11.140 --> 02:46:19.300] in that case if if the grand jury asks me to then i can present to the grand jury
[02:46:19.300 --> 02:46:26.420] i presented to a grand jury in randall county against the district attorney but they called me in
[02:46:27.780 --> 02:46:32.580] and asked me to present my complaint complaint to him so i did a presentment
[02:46:32.980 --> 02:46:40.100] now when i present complaints to a grand jury member i'm not doing a presentment
[02:46:41.300 --> 02:46:46.820] i'm giving notice of crime so they play games with these words so i'm going to let him play his game
[02:46:46.820 --> 02:46:55.300] with his words and tell me that i can't give notice to a grand jury of crime so that'll open the door
[02:46:55.300 --> 02:47:02.020] open the door for me to go to the attorney general in dc and make the argument that
[02:47:03.860 --> 02:47:14.260] the grand jury is the ultimate authority on criminal accusations
[02:47:16.180 --> 02:47:21.060] the supreme court is the ultimate authority on civil actions
[02:47:21.060 --> 02:47:30.900] so interesting distinction yeah but the grand jury at the top of that so when i accuse a
[02:47:32.740 --> 02:47:33.940] judge of
[02:47:36.740 --> 02:47:40.180] violating separation of powers by creating law
[02:47:42.900 --> 02:47:44.020] that's a criminal act
[02:47:46.260 --> 02:47:50.340] he exerted or purported to exerted authority he did not expressly have
[02:47:51.700 --> 02:47:57.940] and in the process denied meaningful free access through or enjoyed of my rights and that right is
[02:47:57.940 --> 02:48:07.380] to petition the court for redress of grievance that goes to a grand jury not to the supreme court
[02:48:09.300 --> 02:48:15.380] i think i can get away with that brett i think that makes sense you've you've connected the dots
[02:48:15.380 --> 02:48:23.300] well is did you just say something alex yeah i was wondering if this uh usurpation of power
[02:48:23.300 --> 02:48:33.780] can be considered treason no treason is armed insurrection against the government it's close
[02:48:33.780 --> 02:48:43.300] to sedition so it has to involve guns weapons that have to involve arms for treason it does
[02:48:44.020 --> 02:48:49.220] not for sedition there's a couple of different kinds of sedition
[02:48:51.620 --> 02:48:54.260] i was just looking at that the other day because i had someone else
[02:48:54.900 --> 02:49:01.220] that wanted to to bring a charge of treason and uh challenged him on it and
[02:49:02.100 --> 02:49:08.900] got it he got it that sedition was the right one for sedition is where you try to
[02:49:09.700 --> 02:49:14.740] undermine the government oh i don't remember exactly what the wording was have to look it
[02:49:14.740 --> 02:49:24.980] back up but this this goes closer to sedition so yeah as far as challenging judicial immunity
[02:49:24.980 --> 02:49:32.340] i think that sounds good the way randy you were laying it out as the the judge is crossing the
[02:49:32.340 --> 02:49:38.660] line over into the legislative branch when he's pretending like that this
[02:49:40.820 --> 02:49:49.940] the imaginary doctrine of judicial immunity is a law he's declaring it as law even though
[02:49:49.940 --> 02:49:57.780] it really isn't and he's thereby jumping over the line into the legislative branch
[02:49:57.780 --> 02:50:07.300] uh i think that makes sense and and also the other issue with that is that he is not only
[02:50:07.300 --> 02:50:14.740] doing that but he's doing something that he is specifically not authorized to do which is also
[02:50:14.740 --> 02:50:21.460] to not violate the provisions of the constitution that's yet another violation that he is doing
[02:50:21.460 --> 02:50:30.580] exactly separation of powers yeah basically it's so obvious that he was never granted this
[02:50:30.580 --> 02:50:36.580] authority from the people to immunize himself from violating the very thing that he was put
[02:50:36.580 --> 02:50:44.100] there to protect this is absurd so we need to start taking them to grand juries all over the place
[02:50:44.660 --> 02:50:48.740] okay yeah we only need to get one of them to find a true bill
[02:50:53.220 --> 02:51:02.580] so do you have a recommendation should i push this all squeeze this all into my objections
[02:51:02.580 --> 02:51:11.140] or should i incorporate it by reference and put it into other motions or do you have like
[02:51:11.140 --> 02:51:18.820] a well what i'm thinking is my point was this is not a civil matter
[02:51:20.980 --> 02:51:24.180] so it's not something you could bring in a civil court
[02:51:26.020 --> 02:51:29.380] this is something you bring in a criminal court
[02:51:31.700 --> 02:51:33.860] this is something you bring to a grand jury
[02:51:33.860 --> 02:51:42.100] a federal grand jury i could do that and yeah and i could do that separately
[02:51:42.100 --> 02:51:50.420] absolutely but i and if you get a grand jury to indict then that establishes
[02:51:51.700 --> 02:51:56.420] that establishes law that establishes that this process is improper
[02:51:57.380 --> 02:52:06.100] yeah they every right now they think only only the courts can make these kind of determinations
[02:52:07.140 --> 02:52:13.780] and i think scalia was right that a grand jury is a separate branch of government does not fall
[02:52:13.780 --> 02:52:17.140] under the judiciary and it does not fall under the executive
[02:52:17.700 --> 02:52:24.500] so they can we'll ask them and they rule on criminal prosecutions
[02:52:27.220 --> 02:52:32.180] so i present the judge to the grand jury for
[02:52:34.020 --> 02:52:39.300] reaching the separation of powers by creating an immunity that doesn't exist
[02:52:39.300 --> 02:52:48.100] creating an immunity that doesn't exist if the grand jury agrees with me you just change law
[02:52:51.540 --> 02:52:57.220] what are the likelihood that of all of the grand juries we could eventually find one
[02:52:57.860 --> 02:53:05.940] that will give us our ruling oh yeah even if we don't just bringing it
[02:53:06.900 --> 02:53:12.740] to a grand jury will tighten every anal sphincter in the judicial system
[02:53:15.300 --> 02:53:21.300] would it not help like if if we all sign it the complaint like if we get like a few thousand
[02:53:21.300 --> 02:53:30.100] signatures oh oh well no what may help is a few thousand people sign their own exactly and take
[02:53:30.100 --> 02:53:35.700] it all to different places one person takes it to their place another second person takes
[02:53:35.700 --> 02:53:42.420] their place you get a few thousand of those oh yeah and i think the first one i want to work on
[02:53:43.220 --> 02:53:47.780] is i'm going to go i talked about this earlier that i'm going to go to the
[02:53:48.340 --> 02:53:56.740] fort worth federal court in fort worth and to i'll bring some i'll have a red folder with
[02:53:56.740 --> 02:54:03.060] complaints in it to give notice to the grand i'll have the format of the grand jury's name on it
[02:54:03.460 --> 02:54:09.860] and so you know when i when i go in i'll ask where the grand jury meets
[02:54:10.660 --> 02:54:15.700] they'll well why do you need that no your darn business just tell me where it meets or get out
[02:54:15.700 --> 02:54:22.100] of my way i'll go find it myself and get them if they they do anything i don't like then i call
[02:54:22.100 --> 02:54:30.980] nine one one ask for a city policeman to come and arrest him and get a hold of the u.s. attorney
[02:54:31.940 --> 02:54:37.220] and get him to tell me i can't give notice to a grand jury
[02:54:39.460 --> 02:54:47.220] now i get to go to dc and petition the attorney the new attorney general
[02:54:48.260 --> 02:54:54.500] to take my complaint against this u.s. attorney and give it to a grand jury in dc
[02:54:54.500 --> 02:54:58.740] put her on that time
[02:55:00.740 --> 02:55:07.300] if she doesn't then i charge her shielding for prosecution and essentially sedition
[02:55:08.820 --> 02:55:09.940] undermining the government
[02:55:13.380 --> 02:55:21.700] oh so sedition would be the right accusation for this i think so on the on on the break i will look
[02:55:21.700 --> 02:55:26.420] up the definition of sedition yeah me too
[02:55:29.460 --> 02:55:37.060] okay we'll look at that this could be a plan we got enough people conduct our language inciting
[02:55:37.060 --> 02:55:44.740] rebellion against the authority of the state that's not good enough anyway we'll pick this
[02:55:44.740 --> 02:55:51.780] up with the other side we'll be right back would you like to make more definite progress
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[02:56:58.420 --> 02:57:06.340] the bill of rights contains the first 10 amendments of our constitution they guarantee the specific
[02:57:06.340 --> 02:57:11.380] freedoms americans should know and protect our liberty depends on it i'm dr katherine albrecht
[02:57:11.380 --> 02:57:15.860] and i'll be right back with an unforgettable way to remember one of your constitutional rights
[02:57:16.420 --> 02:57:21.860] privacy is under attack when you give up data about yourself you'll never get it back again
[02:57:21.860 --> 02:57:27.620] and once your privacy is gone you'll find your freedoms will start to vanish too so protect your
[02:57:27.620 --> 02:57:33.380] rights say no to surveillance and keep your information to yourself privacy it's worth
[02:57:33.380 --> 02:57:38.660] hanging on to this public service announcement is brought to you by startpage.com the private
[02:57:38.660 --> 02:57:46.340] search engine alternative to google yahoo and bing start over with startpage imagine your mom
[02:57:46.340 --> 02:57:51.140] and dad are getting ready for bed they pull back the covers and find a third party there
[02:57:51.140 --> 02:57:55.380] he announces i'm with the military and i'm sleeping here tonight that shocking image of
[02:57:55.380 --> 02:58:00.100] a third party in my parents bed reminds me what the third amendment was designed to prevent
[02:58:00.100 --> 02:58:04.820] it protects us from being forced to share our homes with soldiers a common demand in the days
[02:58:04.820 --> 02:58:10.500] of our founding fathers third party third amendment get it so if you answer a knock at your door and
[02:58:10.500 --> 02:58:14.900] guys and fatigues demand lodging tell them to dust off their copy of the bill of rights and
[02:58:14.900 --> 02:58:20.740] reread the third amendment i'm dr katherine albrecht more news and information at katherinealbrecht.com
[02:58:31.220 --> 02:58:35.540] the bill of rights contains the first 10 amendments of our constitution they guarantee
[02:58:35.540 --> 02:58:40.180] the specific freedoms americans should know and protect our liberty depends on it i'm
[02:58:40.180 --> 02:58:44.100] dr katherine albrecht and i'll be right back with an unforgettable way to remember one
[02:58:44.100 --> 02:58:50.180] of your constitutional rights privacy is under attack when you give up data about yourself
[02:58:50.180 --> 02:58:55.220] you'll never get it back again and once your privacy is gone you'll find your freedoms will
[02:58:55.220 --> 02:59:01.060] start to vanish too so protect your rights say no to surveillance and keep your information to
[02:59:01.060 --> 02:59:06.340] yourself privacy it's worth hanging on to this public service announcement is brought to you
[02:59:06.340 --> 02:59:12.980] by startpage.com the private search engine alternative to google yahoo and bing start over
[02:59:12.980 --> 02:59:19.780] with start page imagine four eyes staring at you through binoculars a magnifying glass or a
[02:59:19.780 --> 02:59:24.740] pair of x-ray goggles that imagery reminds me that the fourth amendment guarantees americans
[02:59:24.740 --> 02:59:30.420] freedom from unreasonable search and seizure fourth amendment four eyes staring at you get it
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[02:59:34.660 --> 02:59:40.260] case in point tsa airport scanners that peer under your clothing when government employees
[02:59:40.260 --> 02:59:45.300] demand a peep at your privates without probable cause i say it's time to sound the constitutional
[02:59:45.300 --> 02:59:50.100] alarm bells join me in asking our representatives to dust off the bill of rights and use their
[02:59:50.100 --> 02:59:55.780] googly eyes to take a gander at the fourth i'm dr katherine albrecht more news and information
[02:59:55.780 --> 02:59:59.300] at katherinealbrecht.com
[03:00:55.780 --> 03:01:11.780] let's talk about sedition
[03:01:11.780 --> 03:01:20.340] it is 18 u.s code 2384 seditious two or more persons in any state or territory
[03:01:20.900 --> 03:01:23.940] or in any place subject to the jurisdiction of the united states
[03:01:25.060 --> 03:01:31.300] conspire to overthrow put down or to destroy by force the government of the united states
[03:01:32.100 --> 03:01:40.500] or to labor war against them or to oppose by forth the authority thereof or by force to prevent
[03:01:40.500 --> 03:01:50.500] hinder or delay the execution of any law okay this says or by force to present hinder or
[03:01:50.500 --> 03:01:58.500] delay the execution of any law of the united states or by force seize take or possess any property
[03:01:58.500 --> 03:02:06.100] of the united states contrary to the authority thereof i'm trying to find a way to say that
[03:02:06.100 --> 03:02:19.380] these judges by preventing be from petitioning the court for redress of grievance when that
[03:02:19.380 --> 03:02:31.460] grievance is a claim against a judge or some wrong done to me while acting under the color
[03:02:31.460 --> 03:02:33.780] of his authority as a judicial officer
[03:02:36.260 --> 03:02:42.900] they're saying i can't sue him saying i can't seek redress of grievance against a judge
[03:02:44.500 --> 03:02:53.860] who harms me yeah he's a criminal yeah while acting under the color of his authority
[03:02:55.060 --> 03:02:58.580] they're saying well it doesn't matter if he's a criminal because he's also a judge and therefore
[03:02:58.580 --> 03:03:08.420] he's he can't be held accountable and so you're you're saying here in this section 2384
[03:03:10.180 --> 03:03:16.100] that it's seditious because he is delaying the execution of the law
[03:03:17.620 --> 03:03:24.900] he's hindering it or preventing hindering or delaying problem is is this is or force
[03:03:25.540 --> 03:03:32.580] to seize take or possess any property of the united states that's not it no no it's just
[03:03:32.580 --> 03:03:38.020] the by force by force is the tricky part that you'll have to to prevent to figure out how the
[03:03:38.020 --> 03:03:44.260] execution of any laws you have to figure out how to put the yeah by forcing there because it's not
[03:03:44.260 --> 03:03:53.300] just him it's he's he's uh operating in conspiracy with somebody and that somebody is wearing deadly
[03:03:53.300 --> 03:04:07.940] weapons if i go to the federal court to give notice of crime to a member of the grand jury
[03:04:10.500 --> 03:04:16.980] and the u.s attorney directs the u.s marshals to heed my butt out in the street
[03:04:24.260 --> 03:04:26.500] yeah that seems like it would fit yeah
[03:04:28.980 --> 03:04:30.900] trying to get to the judges
[03:04:34.260 --> 03:04:41.460] judges have ruled that judges can't be sued what's wrong with that picture
[03:04:48.100 --> 03:04:51.540] they should this this would disqualify them because they have an interest
[03:04:53.300 --> 03:05:06.420] in the judge can't rule on something the judges all judges would necessarily be disqualified
[03:05:09.220 --> 03:05:14.580] to rule on whether or not they that's perfect because you're not taking it to a judge you're
[03:05:14.580 --> 03:05:21.620] taking it to the grand jury yeah let the grand jury tell you straight well what i'm saying is
[03:05:21.620 --> 03:05:29.700] is that these judges have made this ruling and they are necessarily disqualified for making that
[03:05:29.700 --> 03:05:38.260] ruling the legislature did not make that ruling so the only other one that could rule on this
[03:05:39.940 --> 03:05:41.460] is a fed is a grand jury
[03:05:45.940 --> 03:05:49.940] are you saying this is kind of like is tantamount to the legislators that
[03:05:49.940 --> 03:05:53.300] vote raises for themselves well they can do that
[03:05:55.620 --> 03:06:00.500] yeah they can do that but what these judges are doing
[03:06:02.420 --> 03:06:06.660] is something that is the purview of the legislature
[03:06:10.580 --> 03:06:13.780] so they're usurping the legislature
[03:06:13.780 --> 03:06:20.820] in in in breach of the separation of powers for these judge judges to make this ruling
[03:06:21.620 --> 03:06:25.220] acts as a separation of power as a violation of separation of powers
[03:06:27.460 --> 03:06:34.420] not only that but the judges themselves would necessarily be disqualified for making this ruling
[03:06:34.980 --> 03:06:42.260] all right alex is this making sense no absolutely makes sense and i agree with all that and i would
[03:06:42.260 --> 03:06:51.380] even i have more um more material to accuse them off um and i agree this this could be done
[03:06:51.380 --> 03:06:57.540] absolutely with the grand jury but i just don't agree with all that and i would even i have more
[03:06:58.260 --> 03:07:05.860] um and i agree this this could be done absolutely with the grand jury but i but i also want to put
[03:07:05.860 --> 03:07:15.060] it into my objection just as a ammunition because they're they're they're bringing up this
[03:07:15.060 --> 03:07:24.660] judicial immunity and i need to uh rebut it and i have okay i have enough substance to do so i just
[03:07:24.660 --> 03:07:33.940] wonder about the form well you take you take their case law that they use to establish
[03:07:34.580 --> 03:07:41.540] their immunity and challenge the case laws unconstitutional on its face yeah yeah no i
[03:07:41.540 --> 03:07:47.940] meant like i meant um i meant the actual form of the like the paperwork like do i put this
[03:07:48.660 --> 03:07:55.780] into the motion directly or should i make an extra challenge constitutional challenge
[03:07:56.820 --> 03:08:05.220] on an extra motion and incorporated by reference i see well since the judge is the one that brought
[03:08:05.220 --> 03:08:13.220] this up and it wasn't a lawyer that was defending the judge then i would raise an exception to the
[03:08:13.220 --> 03:08:19.140] judicial error of the judge who is the defendant attempting to testify
[03:08:20.340 --> 03:08:26.260] um or the judge who is not the defendant he's the adjudicator and he's attempting to testify
[03:08:28.820 --> 03:08:36.020] on behalf of your opposing counsel and he is necessarily disqualified
[03:08:36.020 --> 03:08:43.380] it why would he be testifying because he's just trying to say that this case over here
[03:08:43.380 --> 03:08:51.220] is pertinent and it's none of he he doesn't get to go and do some research and figure out which side
[03:08:51.220 --> 03:09:00.580] he wants to go find cases to support the duty of the judge is is to determine the facts in accordance
[03:09:00.580 --> 03:09:06.980] with the rules of evidence then apply the law as it comes to him to the facts in the case
[03:09:07.620 --> 03:09:11.940] he doesn't get to go out and search out the law and adjudicate the case himself
[03:09:13.700 --> 03:09:20.020] that's why he's the judge if you have an issue before the court you must bring the facts and law
[03:09:20.020 --> 03:09:26.980] to the court and the other side must do the same thing and then the judge determines whose facts
[03:09:26.980 --> 03:09:34.260] and law should govern yeah if you don't bring it then and the judge brings it on your behalf
[03:09:34.260 --> 03:09:40.020] the other side's gonna jump up and down they're gonna get crazy about that what in the world is
[03:09:40.020 --> 03:09:45.700] going on why is the judge helping this lady so move to disqualify the judge
[03:09:49.380 --> 03:09:56.100] yeah so that would mean because they all do it all the judges do it and all their screening papers
[03:09:56.100 --> 03:10:05.540] they all cite yes and i raise an objection to to the to it when the opposing council does it
[03:10:05.540 --> 03:10:13.140] and i raise an exception to it when a judge does it and and i will file a judicial misconduct
[03:10:13.140 --> 03:10:23.940] complaint i will disqualify the judge i don't go quietly so i would raise an exception to the judge
[03:10:23.940 --> 03:10:32.180] attempting to but is it really testify testify or is it more if he if he brought facts and law
[03:10:32.180 --> 03:10:45.700] to the court then yeah he's acting as a as a witness he well law i would i for me case law
[03:10:45.700 --> 03:10:52.900] jurisprudence is not law so he's in in my opinion he didn't bring the law to the case or are you
[03:10:52.900 --> 03:11:05.140] saying case law is also law yes oh okay yeah your case law is not itself law but it's what
[03:11:06.100 --> 03:11:12.740] expresses the law and so the judge is there to listen to that but not to bring it up the judge
[03:11:12.740 --> 03:11:16.980] is supposed to listen to it when the opposing council brings it up and he's supposed to
[03:11:16.980 --> 03:11:22.820] the judge is supposed to adjudicate that he's supposed to decide whether it's on point or not
[03:11:22.900 --> 03:11:28.420] whatever was brought to him but he doesn't go and research it out and figure out for himself
[03:11:28.420 --> 03:11:36.500] whether he wants to rule this way or that way and this also applies because this the the situation
[03:11:36.500 --> 03:11:43.460] is the screening so this is only the screening requirement to figure out whether i have um i
[03:11:43.460 --> 03:11:50.980] have stated a claim upon which relief can be granted uh and all the stuff so this also applies
[03:11:50.980 --> 03:11:58.980] to this situation where he has to adjudicate uh whether he can let me through the gate
[03:11:58.980 --> 03:12:04.500] so to say is he also not authorized to use case law in this case
[03:12:06.740 --> 03:12:09.140] he's authorized to use it but not to bring it
[03:12:09.220 --> 03:12:19.620] it oh okay so he would then only have the authority to how to screen my
[03:12:19.620 --> 03:12:27.780] complaint then if the judge wants to uh try wants wants to argue the case then
[03:12:27.780 --> 03:12:32.900] get off the bench and go over there instead of opposing council stable yeah
[03:12:32.900 --> 03:12:41.620] yeah yeah i don't if he arguing the case at this point though because he he has he is
[03:12:42.500 --> 03:12:46.740] his job is determine the the facts in accordance with the rules of evidence
[03:12:47.300 --> 03:12:51.300] then apply the law as it comes to him the facts of the case
[03:12:53.300 --> 03:12:57.940] it's our job as litigators to bring the judge to facts and law
[03:12:58.740 --> 03:13:06.740] it's not the judge's place to go out and investigate the case
[03:13:07.700 --> 03:13:12.660] yeah i guarantee you if he would try to investigate the case and and go and find cases that he thinks
[03:13:12.660 --> 03:13:17.220] might be on point and he would stick cases in there for you that's something that you could
[03:13:17.220 --> 03:13:22.900] have gone and looked up and and the opposing council would be highly upset about that
[03:13:23.140 --> 03:13:31.860] upset about that i totally agree but i just still want to point out i see a difference here because
[03:13:31.860 --> 03:13:39.700] he is screening my complaint so he's not he's not um adjudicating the merits of the case at all what
[03:13:39.700 --> 03:13:46.980] he is doing he is putting immunities in front of me and 11th amendment immunity judicial immunity
[03:13:47.140 --> 03:13:54.820] buchanan doctrine and and something else he's putting it in front as an affirmative defense
[03:13:54.820 --> 03:14:00.580] basically okay well let's talk some more about that on the other side are you being harassed
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[03:14:59.460 --> 03:15:04.340] i love logos without the shows on this network i'd be almost as ignorant as my friends i'm so
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[03:15:50.740 --> 03:15:57.060] giving without doing anything or spending any money this is perfect thank you so much we are
[03:15:57.140 --> 03:16:05.700] welcome happy holidays logos this is the logos logos radio
[03:16:05.700 --> 03:16:08.340] net
[03:16:12.420 --> 03:16:26.340] oh come on
[03:16:26.340 --> 03:16:34.980] so
[03:16:46.340 --> 03:16:48.980] if i can't get everything i need
[03:16:57.140 --> 03:17:00.980] if the people of the world can get happiness and peace
[03:17:05.780 --> 03:17:12.340] okay howdy howdy randy kelton brent fountain radio on this
[03:17:13.060 --> 03:17:20.820] friday the 31st today of january 2025 and we are talking to
[03:17:20.820 --> 03:17:25.620] to alex in california and alex
[03:17:27.460 --> 03:17:32.180] if i gave if we understand right you are have filed inability to pay
[03:17:33.700 --> 03:17:40.820] and the judge is screening your case is that correct correct yes okay he can do that
[03:17:42.740 --> 03:17:48.420] he's asked us to screen the case he's not adjudicating the case what he's doing is
[03:17:48.420 --> 03:17:56.420] telling you what you need so that you can file a case that will stick in the court
[03:17:58.420 --> 03:18:04.580] and he can he can bring you case law he can he is helping you adjudicate your case
[03:18:05.300 --> 03:18:11.620] well he's helping kind of in the future but he's acting as a screener at this point
[03:18:12.340 --> 03:18:15.060] and a helpful screener he's not he's not
[03:18:17.620 --> 03:18:23.940] hurting your case because it hasn't it's not being adjudicated yet he's not acting as a judge in this
[03:18:23.940 --> 03:18:31.780] role right now and what he's doing here is he is protecting the the court system
[03:18:31.780 --> 03:18:39.460] them but to keep them from having to pay for a suit that is insufficient
[03:18:40.420 --> 03:18:43.380] so he's telling you how to correct your pleadings
[03:18:44.580 --> 03:18:50.820] no so that you can get to stick in the court no he's not telling me that he is recommending
[03:18:50.820 --> 03:18:56.820] to dismiss the complaint without leave to amend because everyone is immune from suits
[03:18:57.780 --> 03:19:04.900] and there's so he's throwing the immunity 11th amendment immunity the judicial immunity
[03:19:04.900 --> 03:19:13.220] and the rucker feltman doctrine into my face without even always citing case law and saying
[03:19:14.580 --> 03:19:21.060] i have no no claim that cannot be repaired by an amendment and he's citing all these doctrines
[03:19:21.140 --> 03:19:27.940] which are not laws this is he's allowed to do he's saying okay so he's allowed to do that okay
[03:19:28.580 --> 03:19:33.060] yeah he's saying you're asking now if if you paid the filing fee he couldn't do that
[03:19:33.940 --> 03:19:38.340] but since you're asking the government to pay the filing fee he's looking at the suit and he's saying
[03:19:39.060 --> 03:19:47.140] well you got this suit you got no chance and government's going to pay for a suit that has
[03:19:47.140 --> 03:20:01.460] no chance yeah so you might take his criticism to heart and take a step back and look at what
[03:20:01.460 --> 03:20:12.340] you're claiming and if need be dismiss this case and then refile it
[03:20:12.340 --> 03:20:20.580] but he wants to say dismiss with with prejudice then dismiss it and refile it
[03:20:22.420 --> 03:20:29.380] okay how's he getting to rucker feltman are you making are you claiming only state issues
[03:20:33.460 --> 03:20:38.980] well i'm claiming federal constitutional issues but he's getting to rucker feltman because i am
[03:20:38.980 --> 03:20:46.340] bringing up two cases of a small claims court in california and i'm alleging violation of due
[03:20:46.340 --> 03:20:55.700] process and so okay he's saying rucker feltman on those claims he's saying rucker feltman because
[03:20:55.700 --> 03:21:03.140] he is saying that basically this would invalidate the um the judgment that was given at the time
[03:21:03.140 --> 03:21:13.940] and rucker feltman prevents relitigation even if they're in i forgot the word intertwined there's
[03:21:13.940 --> 03:21:21.060] something else in front of it instinctively i forgot the words is this a case is this a case
[03:21:21.060 --> 03:21:28.660] that has already been adjudicated in the state it has been adjudicated but i was denied due process
[03:21:28.660 --> 03:21:35.860] that was not a fair trial hold on hold on right if it's adjudicated in the state
[03:21:37.540 --> 03:21:39.860] pick your venue and you're stuck with your venue
[03:21:41.860 --> 03:21:51.460] the state the federal court is forbidden to revisit state's ruling but i'm not asking them
[03:21:51.460 --> 03:21:57.780] to revisit the ruling i don't have any state remedies and i'm not asking them to revisit the
[03:21:57.780 --> 03:22:04.020] ruling i'm alleging violation of my constitutionally protected rights
[03:22:06.340 --> 03:22:12.340] so i understand and he's saying if i do that it's going to have the
[03:22:13.140 --> 03:22:21.940] effect of calling what the state did invalid oh we can't have that who did you sue yeah
[03:22:21.940 --> 03:22:30.500] yeah did you see the state in the fed yes well i sued them in both capacities individually and
[03:22:30.500 --> 03:22:38.980] officially cannot sue them in their official in their in their official capacity based on
[03:22:38.980 --> 03:22:49.620] a state ruling the fed cannot touch a state ruling but they can touch criminal actions
[03:22:49.620 --> 03:22:50.660] of a state actor
[03:22:54.100 --> 03:23:00.020] this is problematic those those it is should have been brought in the state
[03:23:00.900 --> 03:23:06.340] you had option to bring those in the state no i had no option to bring them in the state
[03:23:07.380 --> 03:23:14.420] in california in a small claims court if you're a plaintiff who loses there is no appeal option
[03:23:15.300 --> 03:23:25.460] okay well that goes to choice of venue yeah chose that venue that venue had limitations
[03:23:26.500 --> 03:23:33.700] yeah i knew that so i i was aware i was naive and i chose the venue but i do believe that
[03:23:33.700 --> 03:23:41.300] i still have the right to get a remedy if there was a violation of you know if you had filed in
[03:23:41.300 --> 03:23:51.860] a county court maybe but by filing in a small claims that has restrictions it was a court
[03:23:51.860 --> 03:23:53.940] there was a superior court of accounting
[03:23:56.340 --> 03:24:01.140] either you filed in a small claims court or you filed in a superior court which one was it
[03:24:02.740 --> 03:24:06.580] both it was a small claims case filed in the superior court
[03:24:06.580 --> 03:24:18.900] what okay now what wait hold on yeah you really copy if you file a small claims court
[03:24:19.540 --> 03:24:24.260] case in the superior court do these restrictions apply
[03:24:26.340 --> 03:24:31.700] i don't know what restrictions you mean but the judge you were the one that brought up restrictions
[03:24:31.700 --> 03:24:40.260] on appeal and such in a small claims court i didn't oh those ones yes um you know they apply
[03:24:40.260 --> 03:24:48.820] to all small claims losing okay it doesn't matter what court you filed it in that doesn't change the
[03:24:48.820 --> 03:24:56.740] restrictions yes that okay i i thought okay you were talking about county courts i was just
[03:24:56.740 --> 03:25:02.660] saying that yes it was a common court but yes here here small claims are filed in a justice
[03:25:02.660 --> 03:25:10.340] of the peace court that's the only place it could be filed i'll text this one the small
[03:25:10.340 --> 03:25:15.540] claims in other courts in california i don't know about that yeah yeah but they're going to
[03:25:15.540 --> 03:25:22.340] say you chose your venue the venue you chose had these restrictions you don't get to complain about
[03:25:22.340 --> 03:25:30.180] them later well it had to i'm not complaining about that there was no appeal option in my suit
[03:25:30.180 --> 03:25:39.220] i'm complaining about the violation of due process if there was no option you can't bring this claim
[03:25:41.220 --> 03:25:47.380] even though it's not an appeal it's not an appeal i'm not appealing the case i'm not even bringing
[03:25:47.380 --> 03:25:53.300] up the merits of the case at all to go in and file criminal charges against these guys or sue
[03:25:53.300 --> 03:25:59.220] them personally in their personal capacity but you cannot sue them in their official capacity
[03:26:00.020 --> 03:26:06.340] they're protected yeah and the official capacity cannot possibly have done the due process
[03:26:06.340 --> 03:26:18.420] violations right that would be the sovereign can do no wrong and the sovereign cannot authorize
[03:26:18.420 --> 03:26:26.180] anyone else to do wrong so if someone does something wrong under the name of the sovereign
[03:26:27.220 --> 03:26:31.620] they are not really under the name of the sovereign the sovereign cannot authorize
[03:26:32.580 --> 03:26:39.780] so you'd have to sue them in their personal capacity yeah i did in both so i can see both
[03:26:39.780 --> 03:26:49.540] that's so alex are you are you saying you went to both state and federal you sued in the state
[03:26:49.540 --> 03:26:58.020] and you sued in the fed for these due process violations no i did not sue in the state for due
[03:26:58.020 --> 03:27:05.700] process finally a top cyber security expert has a warning for america if you build an electrical
[03:27:05.700 --> 03:27:11.620] smart grid the hackers will come and they could cause a catastrophic blackout i'm dr catherine
[03:27:11.620 --> 03:27:17.860] albrecht back with the shocking details in a moment privacy is under attack when you give up
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[03:28:06.100 --> 03:28:11.700] will have a field day working remotely they could tap in and black out the entire nation
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[03:30:02.020 --> 03:30:06.980] you are listening to the logos radio network logos radio network.com
[03:30:15.700 --> 03:30:16.980] I see
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[03:30:50.020 --> 03:30:54.500] and Alex we need to close this up I've got
[03:30:56.580 --> 03:31:02.820] a couple hours you chose a venue and that venue had certain restrictions
[03:31:03.780 --> 03:31:07.940] yes and once you've chose your venue you're stuck with your venue
[03:31:10.020 --> 03:31:13.140] and I can't complain about due process violation
[03:31:13.860 --> 03:31:21.860] oh not if that that venue doesn't authorize appeals from that venue
[03:31:23.780 --> 03:31:28.340] interesting it's restrictions in the venue that you chose
[03:31:28.340 --> 03:31:37.620] one thing I want to bring up none of these two small claims rulings is signed by the judges
[03:31:37.620 --> 03:31:46.740] isn't that an issue there's no signature from them it could be an issue if you
[03:31:49.060 --> 03:31:54.580] if you raised an issue they would give it to the judge and the judge would sign it
[03:31:55.300 --> 03:32:02.260] and it's not an issue with you okay I was wondering whether they're actually technically
[03:32:02.260 --> 03:32:10.020] void because I thought a judicial officer has to find them but well you know if the judge dies
[03:32:10.020 --> 03:32:16.340] or something then maybe you could the issue where it can't be signed it's like verification
[03:32:16.340 --> 03:32:21.060] something's demanded to be verified and I file it and it's not verified
[03:32:21.060 --> 03:32:24.660] and the other side doesn't complain about it
[03:32:26.100 --> 03:32:31.460] no harm no foul if the other side complains about it then I can verify it
[03:32:33.460 --> 03:32:37.700] okay so most of the time they don't complain about the stuff that
[03:32:37.700 --> 03:32:46.740] that can easily and readily be fixed okay all right then thank you so much
[03:32:47.700 --> 03:32:53.380] okay thank you and I'm going to be working on sedition all right
[03:32:55.780 --> 03:32:59.620] okay thank you Alex now we're going to Roger in Wisconsin
[03:33:01.540 --> 03:33:09.780] okay Roger you can talk I used to live up north so I speak Yankee and I can interpret Texas
[03:33:10.740 --> 03:33:20.660] okay great first of all thank you so much for taking my buddy's call in Minnesota there
[03:33:21.700 --> 03:33:28.820] and he now I've spoken with him subsequently he said now he has hope he was helpless
[03:33:29.620 --> 03:33:36.340] oh that's great he really does have hope he has a lot of options available to him
[03:33:37.060 --> 03:33:46.100] I'm glad he's feeling the change because when you don't feel that you have options man just
[03:33:46.900 --> 03:33:54.740] you can't get anything done you just feel this this property he has it does he is it a
[03:33:56.820 --> 03:33:58.180] income property for him
[03:33:58.180 --> 03:34:03.060] no he did
[03:34:03.060 --> 03:34:11.700] priorly have a residential I mean a commercial apartment building from what I understand
[03:34:12.900 --> 03:34:15.620] so is the property producing income for
[03:34:17.540 --> 03:34:24.980] no no good this house in question is a residential single-family home okay so
[03:34:25.540 --> 03:34:30.020] so he could rent it out for the next five or six years while he
[03:34:31.300 --> 03:34:37.940] around in the court yeah then take the money he'd be paying them and we suggested that he
[03:34:39.140 --> 03:34:45.060] sue him and then take what at least half of of what he would have to pay him a month and put
[03:34:45.060 --> 03:34:50.740] it in an account right and beat him up in the courts you don't care what the courts do you
[03:34:51.620 --> 03:34:57.620] we got a guy in New York they tried to foreclose on his mother she wrote him a
[03:34:58.340 --> 03:35:03.380] percentage of the property and he took them on he used to call in every week
[03:35:04.420 --> 03:35:07.780] but after about three or four years he didn't need to call in anyway
[03:35:09.780 --> 03:35:15.380] he's been in that house for 10 years right and he's still working them over
[03:35:16.180 --> 03:35:23.860] great so like this he could rent it out take a take the rental he gets put it in an account
[03:35:26.180 --> 03:35:29.860] and use the rental he gets from the property
[03:35:32.500 --> 03:35:38.500] fight them until he you've cost them more than the value of the property
[03:35:39.140 --> 03:35:43.860] property bar grieve their lawyers you just beat them into submission
[03:35:45.060 --> 03:35:49.380] then you come to the end you come and offer me a deal i had a guy in sacramento did that
[03:35:50.820 --> 03:35:58.980] he had a three hundred fifty dollar loan claiming he with it'll be the old five hundred thousand
[03:35:59.540 --> 03:36:05.300] paid three hundred fifty thousand the old five hundred thousand we beat him up for a while
[03:36:06.340 --> 03:36:14.100] and they have made him an offer cut your interest from six and a half percent to three and a half
[03:36:14.100 --> 03:36:21.940] percent we'll forget forgive all of the overslate fees and all the other charges
[03:36:22.900 --> 03:36:28.340] and we'll reduce the mortgage to 150 000 at three and a half percent
[03:36:29.460 --> 03:36:33.860] i said what did you do he said i sprained my wrist signing the deal
[03:36:37.460 --> 03:36:39.380] he didn't win in court but he won
[03:36:41.860 --> 03:36:44.740] and the problem with helping people
[03:36:44.740 --> 03:36:51.540] people helped over 750 people and everybody disappeared
[03:36:53.140 --> 03:36:59.940] i told everybody if i'm going to do this you put half the mortgage in a account
[03:37:00.900 --> 03:37:06.020] pastor master brought me two people one of them was a pastor in utah the other one was in new york
[03:37:06.740 --> 03:37:15.060] i kept them in their property for five years they did not set aside one penny
[03:37:18.340 --> 03:37:25.220] they'd have put half of their payment in an account every month after five years
[03:37:26.260 --> 03:37:31.140] they would have had enough money to go to these guys and you know we had really beat them up
[03:37:32.100 --> 03:37:38.340] and say here i got a hundred thousand bucks here i gave you a hundred thousand bucks you make me
[03:37:38.340 --> 03:37:49.620] this deal and i'll stop beating you up in court they did not save penny and when the supreme denied
[03:37:49.620 --> 03:37:58.340] my cert on both of them they were out out of options that frustrated me vast majority of the
[03:37:58.340 --> 03:38:10.580] people i try to help just get tired of the fight so quit doing foreclosures along the same lines of
[03:38:10.580 --> 03:38:19.940] the mortgage you know somebody many families or people single families pay for 25 years on a 30
[03:38:20.660 --> 03:38:29.460] year note and then you know they come up in bad times and lose job loss or whatever and and they
[03:38:30.740 --> 03:38:39.220] uh go into foreclosure or accelerated acceleration and then so they decide well
[03:38:39.220 --> 03:38:45.620] if i'm going to lose my house i'm not going to pay the property tax right so they fall behind
[03:38:45.700 --> 03:38:51.140] on property taxes well am i true and correct in saying that the mortgage company will actually
[03:38:51.140 --> 03:38:59.540] step in and the mortgage company will almost always pay the property tax that's what i figure
[03:38:59.540 --> 03:39:09.300] because they don't want to lose the equity in the home exactly yeah any mortgage company who's
[03:39:09.300 --> 03:39:14.420] has someone in foreclosure who doesn't pay the property tax deserves to lose the building
[03:39:16.500 --> 03:39:22.020] that's standard procedure someone's in foreclosure first thing you do is go
[03:39:22.020 --> 03:39:29.220] make sure the taxes are paid well that answered my next question yeah that's what i've advised
[03:39:29.220 --> 03:39:38.900] also to several people and um yeah that's um it's it is so good to have this show
[03:39:39.860 --> 03:39:46.180] to give people hope and and um at least given an understanding i mean
[03:39:46.820 --> 03:39:55.780] people that have been told for 25 you know going on their 30 years they're totally clueless
[03:39:56.500 --> 03:40:03.620] you know it's uh they're just paid and paid and paid and then it comes down to uh the inevitable
[03:40:03.620 --> 03:40:10.980] event i got so many things we can do to beat these guys up
[03:40:13.140 --> 03:40:20.740] and people get terrified that they're going to get thrown out tomorrow grinds over and
[03:40:22.420 --> 03:40:23.540] the banks know that
[03:40:25.540 --> 03:40:28.660] so it's frustrating that's why i stopped doing it
[03:40:28.660 --> 03:40:40.180] now the uh you know that uh produce the web signature now you say doesn't doesn't apply
[03:40:40.180 --> 03:40:46.180] anymore that's that's not a claim at all and i'll explain that when we come back on the other side
[03:40:46.180 --> 03:40:52.580] we got a lot of people doing that but you don't have any standing to make that claim and explain
[03:40:52.580 --> 03:40:56.260] why we come back randy kelton brett fountains radio
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[03:43:24.020 --> 03:43:30.020] so
[03:43:30.020 --> 03:43:58.820] and factoring early on 2008 we had all these people saying show me the note show me the
[03:43:58.820 --> 03:44:04.980] note you can't show me the note you don't i don't have to pay or it said they don't have to show
[03:44:04.980 --> 03:44:14.420] you you have a deed of trust here and you have a mortgage document you have a loan document
[03:44:14.420 --> 03:44:24.580] well you've agreed to pay this much money don't matter who you pay it to you agreed to pay it to
[03:44:24.580 --> 03:44:30.020] this entity so i was just telling brett on the break that i used to have an industrial cleaning
[03:44:30.020 --> 03:44:36.980] business and i had some big customers it's making a lot of money but it seemed like
[03:44:39.140 --> 03:44:43.140] something would happen maybe it was something in accounting i didn't understand
[03:44:43.140 --> 03:44:48.260] some tax things but all of a sudden everybody would stop paying me
[03:44:48.580 --> 03:44:55.060] me they pay me regular and then all of a sudden everybody starts paying me one time i had a
[03:44:55.060 --> 03:44:59.940] hundred and twenty thousand dollars accounts receivable and i was
[03:45:02.580 --> 03:45:09.860] i couldn't pay my help to keep servicing my clients until whatever was going on they got
[03:45:09.860 --> 03:45:15.860] past it maybe this happened to me all the time so i wasn't surprised by it so i go to the bank and
[03:45:15.860 --> 03:45:19.460] i said man i got a hundred fifty thousand dollars in accounts payable i'm broke
[03:45:21.060 --> 03:45:26.740] buy some of my accounts receivable and they say okay i'll give you 90 cents of a dollar
[03:45:28.420 --> 03:45:32.900] and i sell them five thousand dollars worth of my accounts receivable
[03:45:34.100 --> 03:45:41.300] and when the accounts pay these guys get the money that's what the mortgage companies did
[03:45:41.300 --> 03:45:44.980] you have guys that they write mortgages this is what they do
[03:45:45.620 --> 03:45:52.980] don't service mortgages they don't own properties they they just write mortgages so
[03:45:53.540 --> 03:46:00.820] they they get a contract and they get a loan and buy the property from the seller
[03:46:02.020 --> 03:46:07.780] and then they give it to the buyer the buyer gives them a promise to pay
[03:46:07.780 --> 03:46:16.260] they take that promise to pay to a i forget the name of it but there there were
[03:46:17.860 --> 03:46:24.740] investment portfolios that bought these properties and put them into their portfolios
[03:46:24.740 --> 03:46:30.420] so the guy who wrote the mortgage would go to this company and sell the debt to the company
[03:46:30.420 --> 03:46:32.580] and take a three percent profit
[03:46:32.580 --> 03:46:39.620] he gets his money back that he
[03:46:41.620 --> 03:46:49.140] he got from the bank to buy the property plus three percent he pays on pays the bank
[03:46:49.700 --> 03:46:56.580] and he's got three percent left over selling a a three hundred thousand dollar home that's like
[03:46:56.580 --> 03:47:04.580] eighteen thousand so he does okay and then somebody else is collecting the debt
[03:47:04.580 --> 03:47:10.820] and then this guy says show me the note prove that i owe you this money i didn't
[03:47:10.820 --> 03:47:18.660] enter into a contract with you and he'll just wave the note at you you signed this note
[03:47:19.620 --> 03:47:21.060] you have to pay on this note
[03:47:22.580 --> 03:47:30.740] doesn't matter who behind it actually holds the right to be paid that's what the court said
[03:47:31.460 --> 03:47:34.340] if they have sold the note that's not your business
[03:47:37.220 --> 03:47:42.900] you have agreed to pay this amount of money no matter what they do with the note in the
[03:47:42.900 --> 03:47:51.940] background not your business there you have to pay this amount or it's ruled against them
[03:47:51.940 --> 03:47:57.940] over and over and over and i told one guy and she'll be a host in one of our shows
[03:47:58.900 --> 03:48:05.700] he said stop doing that you're gonna lose all those just simply contract
[03:48:05.700 --> 03:48:15.620] it these guys can never get it right i have a spreadsheet that took six months to build
[03:48:16.820 --> 03:48:25.460] but you give me your note deed of trust your truth in lending statement and your good faith
[03:48:25.460 --> 03:48:34.260] estimate i'll plug the numbers into this spreadsheet i'll generally get you a claim against the lender
[03:48:35.060 --> 03:48:41.620] based on the actual accounting between two and three times the original
[03:48:44.580 --> 03:48:51.940] first thing i'll do is give me your uh hud one settlement statement anybody here who's
[03:48:51.940 --> 03:48:57.060] bought a house they know what a hud one settlement statement is buy this property
[03:48:57.140 --> 03:49:04.660] and you sit down at the closing table and the lender brings out this hud one settlement statement
[03:49:05.220 --> 03:49:10.660] and it lists all of the costs in in creating this mortgage
[03:49:12.660 --> 03:49:19.620] problem real estate settlement procedures act specifies what kind of things you can charge
[03:49:20.340 --> 03:49:28.420] and what kind of things you cannot charge so there are things you can't charge you can't charge
[03:49:29.460 --> 03:49:39.380] the lender i'm sorry the borrower or costs that are the normal part doing business
[03:49:40.820 --> 03:49:44.180] that is intended to be taken out of the interest that you earn
[03:49:45.140 --> 03:49:55.940] so i get this hud one settlement statements got all these charges on there and always always always
[03:49:56.900 --> 03:50:05.300] there are fraudulent charges on life and what i do so they have a
[03:50:05.300 --> 03:50:09.540] a document preparation fee
[03:50:11.220 --> 03:50:17.060] you cannot charge a document preparation fee that's part of the normal part of doing business
[03:50:17.700 --> 03:50:24.660] warehousing fee all these names but there's no one part of doing business so what i say is
[03:50:25.220 --> 03:50:31.140] is you put all these numbers on here uh anybody that you out there who has bought a house
[03:50:32.100 --> 03:50:37.540] consider this when you sit down at at the closing table and they put the hud one settlement statement
[03:50:38.100 --> 03:50:46.020] and it had all these amounts they wanted you to pay did they provide you with evidence to show
[03:50:46.660 --> 03:50:54.740] that the amounts charged were not didn't to be charged by law like the one part of doing business
[03:50:54.740 --> 03:51:03.780] did they provide evidence to show that the amounts paid were for were for services actually
[03:51:03.780 --> 03:51:13.700] rendered that the charges the services were necessary that the amounts charged were reasonable
[03:51:14.740 --> 03:51:24.100] and that the lender did not take an undisclosed markup charged that walks right station teachers
[03:51:24.100 --> 03:51:32.100] act well if you got a mortgage and you said at the closing table they didn't provide any of that
[03:51:32.100 --> 03:51:42.260] stuff you never do it just these numbers only so you gotta pay this stuff so i say that's all bogus
[03:51:42.260 --> 03:51:49.700] it's all fraudulent every single one of them prove it up so i take a spreadsheet
[03:51:50.660 --> 03:51:57.540] and i put in all the numbers okay now i take the amount on the hud one settlement statement
[03:51:58.180 --> 03:52:06.100] and i subtract that from the original support as a payment as an overpayment on the first payment
[03:52:07.860 --> 03:52:13.300] then i run out the mortgage i will generally get
[03:52:13.780 --> 03:52:21.060] get a claim that's about double the amount of the original principal
[03:52:22.340 --> 03:52:30.580] wow whatever you whatever's put on that that mortgage you're going to pay that amount
[03:52:30.580 --> 03:52:38.020] at least three times depending on the amount of the interest over a 30-year mortgage so i get this
[03:52:38.820 --> 03:52:44.980] hundred and eighty thousand dollar mortgage and i knock sixteen thousand dollars off on the front end
[03:52:47.060 --> 03:52:50.660] now they've amortized it and say you're going to owe this much
[03:52:51.380 --> 03:53:00.020] well i pay them if you pay the payments they said to pay you'll generally zero out at a payment about
[03:53:00.820 --> 03:53:08.580] 85 or 90 all the rest of that's overpayment so i get this huge claim against the lender
[03:53:09.460 --> 03:53:14.100] and i say look guys uh all you have to do is prove up one of these fees
[03:53:14.820 --> 03:53:23.220] and i'll deduct it from the calculation guess how many fees i had proved up over some 700 suits
[03:53:24.100 --> 03:53:35.460] it's an easy number 16 000 zero and why did i get zero proved up
[03:53:36.820 --> 03:53:44.420] because if they proved up one and didn't prove up another that uh
[03:53:46.580 --> 03:53:52.740] gives the adverse inference that the ones they didn't prove up were exactly what i said they
[03:53:52.740 --> 03:54:01.220] were they were fraudulent uh-huh yeah so you get this big claim because i got a whole stack of
[03:54:01.220 --> 03:54:10.100] stuff again i could beat them up with that's just one of them do the the hud once settled not the
[03:54:10.100 --> 03:54:18.500] the truth in lending statement truth in lending statements insane it's got numbers i don't know
[03:54:18.500 --> 03:54:24.340] where do you get these numbers from it doesn't match the mortgage they just put these numbers
[03:54:24.340 --> 03:54:30.020] on there so i'll run out the truth lending statement about one percent of the time
[03:54:30.900 --> 03:54:37.540] it will the actual end result will match the note about one percent of the time
[03:54:39.140 --> 03:54:46.420] because they're charging you stuff that's nonsense and i could not get anyone to tell me how they
[03:54:46.420 --> 03:54:53.860] came up the numbers of the truth lending statement well is that that you mentioned um 16 000 because
[03:54:53.860 --> 03:55:02.500] it's one for homeowners suddenly 15 000 plus suddenly appeared as a credit and i was wondering
[03:55:02.500 --> 03:55:09.620] if there was a civil class action lawsuit recently that forced the mortgage company to
[03:55:10.580 --> 03:55:17.220] reimburse the homeowners and things if there was i don't know about it i stopped following
[03:55:17.220 --> 03:55:24.340] just about five years ago it just got too frustrated trying to do them so i don't i
[03:55:24.340 --> 03:55:30.500] don't do those anymore we are out of time uh if somebody's really interested more interested in
[03:55:30.500 --> 03:55:36.340] mortgage area i can do a full four hour show on it but it would give me a headache
[03:55:36.340 --> 03:55:49.220] anyway thank you all for listening we'll be back next week on our regular show thank you all and