ROL_2025-02-06_16k.timecode
[03:00.000 --> 03:05.000] Boys, five of a lawsuit against the
[03:05.000 --> 03:10.000] district judge. But I got
[03:10.000 --> 03:15.000] audience with the county judge first, with whom I am
[03:15.000 --> 03:20.000] have a real good relationship. The reason I was filing against
[03:20.000 --> 03:25.000] the district judge is I went in a couple days ago and gave him
[03:25.000 --> 03:33.640] wasn't in it. A criminal complaint against the new sheriff. I accused the new sheriff
[03:33.640 --> 03:47.000] of conspiring his deputies to arrest people and take them to jail. Brett, where in law
[03:47.000 --> 03:53.160] is a police officer authorized to arrest someone and take them to jail?
[03:53.560 --> 03:58.840] Oh, that's everywhere. It's ubiquitous. It's in all of their imaginations.
[03:59.400 --> 04:10.120] Exactly. It is not in law anywhere. Only reason a police officer can arrest someone
[04:11.000 --> 04:14.760] is to take them directly to the nearest magistrate.
[04:17.240 --> 04:22.280] But now they arrest people and take them directly to jail. They've been doing it for 50 years.
[04:22.280 --> 04:26.680] So all of these officers that are doing it think it's how it's supposed to be done.
[04:26.680 --> 04:29.320] So I've raised that question with the district judge
[04:31.320 --> 04:36.920] that they have set up a policy to arrest people, take them directly to jail.
[04:38.600 --> 04:43.240] They have no authority to do that and want the sheriff arrested.
[04:45.000 --> 04:49.720] I was gonna go in today and he definitely would not have written a warrant.
[04:49.720 --> 04:56.280] Yes. I checked to see if the county judge was there first, was, and I talked to him
[04:56.280 --> 05:05.320] for a couple of hours. And he gets it. I've talked to him about it over the years. And
[05:06.280 --> 05:13.400] today he said, when I brought it to his attention, that Article 5, Section 17,
[05:14.120 --> 05:18.680] Texas Constitution, requires an indictment and a misdemeanor.
[05:20.200 --> 05:23.960] He said he'd never heard of that. He never heard of it.
[05:23.960 --> 05:31.400] Never heard of it. He's been a county judge, a county attorney, and then a district attorney,
[05:31.400 --> 05:35.880] and now a county judge. He never heard of that.
[05:36.600 --> 05:39.560] That's just amazing. But you know, I think that goes back to that
[05:40.120 --> 05:44.200] time when you talked to somebody that said that he doesn't think
[05:44.200 --> 05:47.640] any of these lawyers have ever read through the criminal procedure.
[05:47.640 --> 05:48.280] That was him.
[05:49.960 --> 05:51.400] Same guy that said that?
[05:51.400 --> 05:57.640] Yeah, he warned me about you may be charged with the illegal practice of law.
[05:57.640 --> 06:04.680] And I quoted him 38.123. It is a crime to hold yourself out as a lawyer
[06:05.320 --> 06:11.080] and represent a client in a property damage or a personal injury suit.
[06:12.360 --> 06:16.680] He said, are you sure? Of course, I'm sure. 38.123. He looked it up.
[06:17.960 --> 06:21.240] Greg, you ought to be ashamed of yourself. When was the last time you read that?
[06:21.240 --> 06:23.480] He said, I don't know that I've ever read the whole thing.
[06:25.080 --> 06:28.200] What? That's mind boggling.
[06:28.200 --> 06:32.600] He said, Mr. Kelton, I don't know a single lawyer who's read the whole thing.
[06:32.600 --> 06:40.920] Greg, that's beautiful. He said, yeah, it is. But yeah, that's the case.
[06:42.280 --> 06:47.240] They're just doing what they're trained to do. I come down there and tell them,
[06:47.240 --> 06:49.560] if you're doing it all wrong, they look at me like, who are you?
[06:50.360 --> 06:57.480] But things are building up. A week or so ago, I gave all the justices of the peace
[06:58.200 --> 07:04.600] this treatment I have, this legal brief on examining trials.
[07:06.440 --> 07:11.960] And it goes through the whole thing of jurisdiction
[07:13.960 --> 07:22.040] from the arrest to examining trial to the indictment, the whole works.
[07:22.680 --> 07:30.600] And this week, none of them's in town. They're all in Austin at training.
[07:32.440 --> 07:41.320] And I suspect what they're being trained in is the judge's new bench book.
[07:44.040 --> 07:47.480] Well, it's the same as the one that came out, the third revision.
[07:48.200 --> 07:50.680] But this one is going to have some different
[07:52.360 --> 07:55.880] sights in the law. This is a whole different animal.
[07:57.640 --> 08:04.520] They didn't. We talked about them adding in that there had to be a probable cause determination.
[08:06.440 --> 08:10.680] They didn't just add that in. They wrote a whole book.
[08:10.680 --> 08:20.280] They've got a Magistration Desk Manual. It's 100 pages.
[08:23.560 --> 08:30.760] And I've looked at it and they've addressed everything in term. This whole 100 page
[08:31.400 --> 08:40.280] volume addresses 15.17. So I'm thinking, what the heck is going on here?
[08:41.400 --> 08:43.800] You stomped all over them. I stomped all over them.
[08:45.800 --> 08:48.360] They got my suit. It's got the whole brief in there.
[08:50.360 --> 08:57.000] What is going on? Why are they struggling so hard to avoid Chapter 16?
[09:00.520 --> 09:05.080] They're training people to do things the way they've been doing things.
[09:05.240 --> 09:10.840] And they can't bring themselves to tell everybody, the way we were training you to do things
[09:11.640 --> 09:17.960] all these years, and the way our bosses did it and their bosses before them did it,
[09:17.960 --> 09:27.560] the last 50 years, well, that was all wrong. Maybe they see the danger in that.
[09:28.520 --> 09:30.920] Maybe they see the danger in that.
[09:33.000 --> 09:36.760] It could get out that every criminal prosecution in the last 50 years
[09:36.760 --> 09:43.000] is without subject matter jurisdiction. So there's no 1617 order in there.
[09:44.920 --> 09:49.080] After the examining trial, they didn't seal all the records in an envelope
[09:49.080 --> 09:57.880] with the signature of the name of the magistrate written across the seal of the envelope and
[09:57.880 --> 10:03.880] forwarded to the clerk of court jurisdiction. Didn't do that. And then clerk of the court
[10:04.680 --> 10:09.320] did not keep all those papers safe and deliver them up to the next grand jury the way
[10:09.320 --> 10:16.440] 1331 commands are to do. And then the grand jury didn't find indictments on these misdemeanors
[10:16.440 --> 10:20.760] and give them to the district judge who could certify them to the court of jurisdiction.
[10:20.760 --> 10:28.920] Didn't do that either. Didn't do any of this stuff. And it is so messed up.
[10:31.640 --> 10:38.360] Trying to hide it, trying to put in, gotta have a probable cause determination.
[10:40.040 --> 10:42.840] That was my argument. It's the most important thing.
[10:42.840 --> 10:47.960] Because then it gives the person an opportunity to be heard, but they're not doing it right.
[10:50.120 --> 10:57.560] Not giving the person an opportunity to be heard. But at least the judge is
[10:58.920 --> 11:01.480] questioning the sufficiency of the allegation.
[11:03.240 --> 11:08.840] That was the most important thing I wanted to see done. At least we got some judges doing it.
[11:09.800 --> 11:15.480] Yeah, now if we can get it into their head that they are the middlemen. It's not supposed to be
[11:16.760 --> 11:23.480] they do this later on in mass, go visit the jail and do that. That actually,
[11:23.480 --> 11:28.760] it's supposed to be them first. They're the middlemen. You don't pass the magistrate and
[11:28.760 --> 11:33.720] go straight to jail. There is no jail authority. Like you just mentioned a moment ago, they need
[11:33.720 --> 11:37.880] to get that squarely in their head. So what I'm going to start doing
[11:38.600 --> 11:46.040] is start filing criminal charges against police officers for arresting people and taking them to
[11:46.040 --> 11:53.880] jail. With the magistrate, the magistrate does an issue and warrants to sue the magistrate.
[11:55.800 --> 12:01.000] Today I was going to go in and sue the sheriff in the district court.
[12:04.360 --> 12:07.880] I'm sorry, I was going to sue the district judge in the district court.
[12:09.240 --> 12:09.800] Right.
[12:09.800 --> 12:15.960] Warn against the sheriff and then force him to bring in a visiting judge.
[12:17.000 --> 12:21.400] And when the visiting judge fails to properly apply
[12:22.120 --> 12:25.880] law to the facts, the way Walker v. Packer commands him to do,
[12:27.640 --> 12:32.120] then ask the bailiff to arrest the district, the visiting judge and then sue him.
[12:33.720 --> 12:36.600] They come all nuts.
[12:39.640 --> 12:44.840] If we can start doing this, and I've got a really nice affidavit of inability to pay,
[12:46.280 --> 12:47.960] so far it's never been denied.
[12:51.400 --> 12:58.120] And putting together a criminal complaint against its circuit judges.
[12:58.200 --> 13:03.720] This circuit judge is dismissed, my 150 page suit, one sentence.
[13:04.760 --> 13:07.960] This suit is frivolous, dismissed with prejudice.
[13:09.960 --> 13:21.000] So the next year, the group of entities we sued, all of these guys who developed training for
[13:21.000 --> 13:26.440] public officials didn't just address our issues, wrote a whole book on it.
[13:28.760 --> 13:34.520] Fact that they wrote a whole book and said there has to be a probable cause determination,
[13:34.520 --> 13:42.520] which wasn't in their bench book anywhere before that, indicates that the suit was not frivolous.
[13:46.920 --> 13:50.120] Clock just went down, indicates it's not frivolous.
[13:50.120 --> 13:53.960] So I'm going to file criminal charges against the fifth circuit judges.
[13:54.920 --> 13:56.200] It's dismissing my case.
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[16:37.560 --> 16:44.040] Look what we get, how they don't have a answer, on slope and slip and slide.
[16:44.040 --> 16:48.120] They ma talk about issues, proceed Lord, how they want we can take it easy.
[16:48.840 --> 16:55.800] They ma talk way too politically and them getting mad and angry. But them not standing up and fight
[16:55.800 --> 17:02.280] and fight for the freedom and be free. And they like them love slavery and get hand out from the
[17:02.280 --> 17:10.360] government. Okay, we are back. Andy Kelton, Brett Fountain, Rule Our Radio. And what we're
[17:10.360 --> 17:17.160] doing here is putting together a strategy. Had a good long talk. And what else we're doing is
[17:17.160 --> 17:26.520] phone lines are on now. Yeah, we'll turn the phone lines on. 512-646-1984. All right, what about this
[17:26.520 --> 17:34.680] strategy? Strategy. I went to the district judge and filed a criminal complaint against the sheriff
[17:35.640 --> 17:42.040] because he directed his sheriff's deputies to do exactly what they've been trained to do.
[17:43.000 --> 17:45.160] Yeah, which the law doesn't authorize them to do.
[17:45.960 --> 17:49.720] Ask people to take them to jail. Now give it to this judge. What I want to do is get the
[17:49.720 --> 17:57.160] judge's attention. The way I intended to get his attention when he told me today,
[17:58.120 --> 18:05.000] got him that he didn't issue a warrant. And then I was going to sue him in his own court.
[18:08.840 --> 18:11.000] But- It might be kind of embarrassing, don't you think?
[18:11.960 --> 18:12.760] I hope so.
[18:12.920 --> 18:19.640] I'd get his attention. But I talked to the county judge and
[18:21.240 --> 18:30.440] been talking to him for a number of years. And he trusts me. He commented today, he said he would
[18:30.440 --> 18:35.640] talk to the district judge. He kept me from suing him. Said that, you know, I'll explain to him
[18:35.640 --> 18:42.520] that you're not after anybody. Think something is wrong and you're trying to get it fixed.
[18:43.240 --> 18:51.080] And that's all you're doing. He was there when the alice knocked me down and broke my elbow.
[18:53.080 --> 18:54.440] I didn't see- Oh, he saw that.
[18:55.480 --> 19:00.600] No, he was in the building at the time. He heard about it at the time. And then
[19:01.640 --> 19:07.880] two days later, I came in with my arm in a sling. He went in to see him. He says,
[19:08.440 --> 19:14.520] hello, Mr. Kelton, how are you feeling today? Oh, well, Greg, I've been better.
[19:16.120 --> 19:27.000] He said, are you going to sue Dick? I told him no. He didn't mean to knock me down. And
[19:28.760 --> 19:34.760] I kind of pushed him over the edge. Well, I'm not going to ruin somebody's career
[19:35.720 --> 19:41.960] because after I pushed him over the edge. And that got me a lot of credibility.
[19:44.120 --> 19:47.560] That's when they realized that, you know, I wasn't there to hurt anybody.
[19:48.920 --> 19:55.320] What Dick did was just wrong. He shouldn't have let me push him over the edge. And when I stepped
[19:55.320 --> 20:00.840] out the door, he was just letting me know he was annoyed and gave me just a tiny push.
[20:01.160 --> 20:09.480] But it was exactly times, just as my foot came down on a carpet, tiny push caused that carpet
[20:09.480 --> 20:18.600] to scoot off backwards, landed on my elbow on a granite step. It crushed my elbow through my suit
[20:18.600 --> 20:25.960] jacket, crushed a hole in my suit jacket. It's so hard to hit him. If you hit your elbow that hard,
[20:26.040 --> 20:32.520] hit your elbow that hard, boy, it hurts. Made me sick to my stomach and I was dizzy.
[20:33.800 --> 20:39.080] He's wanting to help me up. As the sergeant from the sheriff's, from the police department
[20:39.080 --> 20:44.760] walked up the steps, he's trying to pick me up. And I told him, if you'll get your hands off me,
[20:44.760 --> 20:49.160] I'm going to throw you down them stairs. And the sergeant said, no, no, Mr. Gilded,
[20:49.720 --> 20:55.880] don't throw the bailiff down the stairs. But the bailiff was afraid. He was afraid he'd hurt.
[20:55.960 --> 21:00.920] I mean. Well, technically he did. He should have been afraid. He shouldn't have
[21:02.200 --> 21:08.040] let himself have that little last word physically. Yeah, and he knew that. But
[21:09.240 --> 21:16.680] a tiny little push in a 30-year career, I would end a 30-year career over that,
[21:17.480 --> 21:23.480] especially after what I'd done to him. Wanted to know what my business was there. He knew I was
[21:23.480 --> 21:28.600] there to see the grand jury. And I told him, I have business here and it's none of yours.
[21:29.240 --> 21:34.040] Well, I'm the court security officer and a court bailiff, and I want to know what your business
[21:34.040 --> 21:40.760] here is today. Well, if you're that court security officer, get your behind in that court and be a
[21:40.760 --> 21:48.120] good little bailiff. You're dismissed. That's when he kind of lost it. Yeah.
[21:48.120 --> 21:53.480] I kind of flick my fingers at him like scoot, scoot, scoot.
[21:54.520 --> 21:59.240] And nobody in 30 years had ever been the master of that servant.
[22:00.040 --> 22:10.040] Probably, probably not. But so, you know, that was part of it. I was, I was part to blame,
[22:10.040 --> 22:17.080] you know, I don't mind getting him wound up and aggravating him. But I did not want to cause him
[22:17.080 --> 22:30.440] to lose his career. So anyway, purpose is just fixing. So if we start charging peace officers
[22:32.040 --> 22:38.840] with arresting people and taking them to jail, that guy can go down to jail and pull their docket
[22:38.840 --> 22:48.360] sheet and file against every one of them. I went down there the day before yesterday.
[22:48.360 --> 22:57.560] I wanted to watch the morning hearings. This is a relatively small county and they had four people,
[22:59.720 --> 23:01.560] four people they had arrested overnight.
[23:01.960 --> 23:07.080] And they're concerned about doing an examining trial.
[23:08.840 --> 23:16.120] It's four people. You got a whole sheriff's department here. Yeah, that's no excuse.
[23:16.120 --> 23:22.360] They need to do it right. 25 or 30 deputies running all over the place and four people.
[23:25.400 --> 23:29.160] And the judge asked about that. And he said, you know, that's what I kind of thought about
[23:30.120 --> 23:38.120] four to 10. That wouldn't be a problem and that wouldn't overburden any of the magistrates. We got
[23:39.560 --> 23:46.120] four, eight, 12, 13 at least in the county.
[23:48.600 --> 23:57.720] Oh, and I got such good news. Barry Green. Barry Green was the district attorney years ago. I
[23:57.720 --> 24:02.680] really liked Barry Green. Now he's a municipal judge in Denton.
[24:06.760 --> 24:13.320] I went into his office once and I said, Barry, I need your help. You need my help.
[24:13.880 --> 24:17.240] You're going to file criminal charges against me and you need my help.
[24:18.360 --> 24:25.800] I said, yeah, Barry, I don't want to file. He said, well, why not? Well, I like you. Oh, man,
[24:25.800 --> 24:31.400] don't tell me that. He wants to be mad at me, but I just wouldn't let him.
[24:34.600 --> 24:39.240] So now he's a judge. Oh, good. But the district, you know,
[24:39.960 --> 24:47.480] Greg Lowry thinks highly of Barry Green. I do too. He's always done this little newspaper thing.
[24:47.480 --> 24:54.520] He really does want to do it right. I just need to get this to him because other people
[24:54.520 --> 25:01.640] will listen to you. Anyway, what I want to do, oh, oh, oh, more story, more to the story, more
[25:01.640 --> 25:09.160] to the story. So the district, I talked to the judge, to county judge, and he agreed to talk to
[25:09.160 --> 25:16.680] the district judge and see if he could get the district judge to agree this was a good idea and
[25:16.680 --> 25:23.640] try it out. He didn't have a whole lot of hope for me, but he said I would probably get a better
[25:24.200 --> 25:29.240] he would probably get a better response than I would. Yeah, you're right about that.
[25:31.240 --> 25:39.560] So he's going to do that for me. Well, good. And I think he's probably doing it for the judge
[25:39.560 --> 25:45.320] just as much as he's acting like he's doing it for you. Exactly. Exactly. He doesn't want me beating
[25:45.400 --> 25:49.560] up the judge. And that's okay. That works for me.
[25:51.560 --> 25:57.080] So get that done. And then I'll go to want to go to to Austin
[25:58.680 --> 26:04.040] because all of the district judges in Austin are Democrats.
[26:05.880 --> 26:09.720] Now, you guys know, for the most part, I'm not, I'm apolitical,
[26:10.680 --> 26:19.400] except all the craziness that's going on. But the attorney general, the Texas attorney general
[26:19.400 --> 26:26.920] is a Republican. And the Democrats did everything they could the last few years to try to get
[26:26.920 --> 26:32.360] him indicted and thrown out of office. Just finally got them all tossed.
[26:32.360 --> 26:37.560] I bet he's got an axe to grind.
[26:39.080 --> 26:45.720] So I'm going to file with all of these Democratic district judges. And when they don't issue
[26:45.720 --> 26:52.520] warrants, I'm going to petition him for action in court warrant, claiming they
[26:53.240 --> 26:57.640] putiated their contracts and I want to remove from office. Hang on, Randy.
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[29:52.760 --> 29:57.960] from ruleoflawradio.com. Order your copy today and together we can have the free society we all want
[29:57.960 --> 30:06.440] and deserve. Live free speech radio, logosradionetwork.com.
[30:19.640 --> 30:24.440] Won't you follow the law of the land? I don't understand.
[30:26.040 --> 30:32.440] Your job is to protect and to serve, not be abused. Happy Sir!
[30:34.520 --> 30:44.440] When you're gonna stop abuse, your power. When you're gonna stop abuse, your power.
[30:45.400 --> 30:55.240] When you're gonna stop abuse, your power. When you're gonna stop abuse, your power.
[30:56.360 --> 31:03.640] So please, Mr. Macklin, teach officers not to abuse their power. Send a request.
[31:03.640 --> 31:11.000] Okay, we are back. Looks like my phone's supposed to still be off. Okay, phones are on.
[31:11.960 --> 31:18.920] Call in number 512-646-1984. If you have a question, comment, give us a call.
[31:20.040 --> 31:26.120] I went to the court today and there were no magistrates around.
[31:27.960 --> 31:33.880] Turns out they're all in Austin at training. Now, about two weeks ago, I took a
[31:33.880 --> 31:40.120] presentation, a brief that I did on due process in Texas.
[31:41.880 --> 31:46.440] Walked through the whole process, the same thing that was in my lawsuit,
[31:48.520 --> 31:55.800] and wanted to get them to put together a meeting so I could try to convince them
[31:55.800 --> 32:02.680] to try doing examining trials. Well, they never got a meeting together and this week they all
[32:02.680 --> 32:10.760] went to training. So all down in Austin this week, and I'm betting they get some training
[32:11.880 --> 32:20.440] on this new bench book, desk book they call it, registration desk book.
[32:21.720 --> 32:27.800] I know when my son-in-law hears registration, he's gonna think about me calling that a
[32:28.280 --> 32:33.320] registration abomination. If he's read, it doesn't exist.
[32:35.160 --> 32:38.840] If he's read my document, he's going to have some serious questions.
[32:41.000 --> 32:43.160] It's a really good time for them to get training.
[32:44.120 --> 32:47.240] They're going to come back and then I'm going to be on them.
[32:57.960 --> 33:02.200] First responders are dying. I'm not a conspiracy theorist. I'm a structural engineer. I'm a New York
[33:02.200 --> 33:06.840] City correction officer. I'm an Air Force pilot. I'm a father who lost his son. We're Americans
[33:06.840 --> 33:14.840] and we deserve the truth. Go to RememberBuilding7.org today. Rule of Law Radio is proud to offer the Rule
[33:14.840 --> 33:18.920] of Law traffic seminar. In today's America, we live in an us-against-them society and if we the
[33:18.920 --> 33:23.000] people are ever going to have a free society, then we're going to have to stand and defend our own
[33:23.000 --> 33:27.000] rights. Among those rights are the right to travel freely from place to place, the right to act in
[33:27.000 --> 33:31.240] our own private capacity, and most importantly, the right to due process of law. Traffic courts
[33:31.240 --> 33:35.720] afford us the least expensive opportunity to learn how to enforce and preserve our rights through due
[33:35.720 --> 33:40.040] process. Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together
[33:40.040 --> 33:44.040] the most comprehensive teaching tool available that will help you understand what due process
[33:44.040 --> 33:48.280] is and how to hold courts to the rule of law. You can get your own copy of this invaluable material
[33:48.280 --> 33:53.000] by going to ruleoflawradio.com and ordering your copy today. By ordering now, you'll receive a copy
[33:53.000 --> 33:57.080] of Eddie's book, The Texas Transportation Code, The Law Versus the Lie, video and audio of the
[33:57.080 --> 34:01.560] original 2009 seminar, hundreds of research documents, and other useful resource material.
[34:01.560 --> 34:05.480] Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[34:05.480 --> 34:09.560] Order your copy today and together we can have the free society we all want and deserve.
[34:09.560 --> 34:18.120] You are listening to the Logos Radio Network. Logosradionetwork.com
[34:39.560 --> 35:01.480] Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Ted in
[35:01.480 --> 35:05.320] California. Okay, Ted, we never really did get to what you called about.
[35:05.320 --> 35:16.280] Well, basically, the case as it sits on appeal at the Ninth Circuit, and what's problematic is that
[35:16.280 --> 35:23.480] I believe this judge has screwed me into a corner where I really don't have an appeal, other than
[35:23.480 --> 35:34.200] I can protest that I wasn't allowed a first amended complaint. I cited Haynes versus Koerner,
[35:34.200 --> 35:39.480] and the court didn't instruct me on where the failings were in my pleading.
[35:41.240 --> 35:49.000] I can do that, but in general, we basically, even though this went on for a year
[35:50.360 --> 35:56.040] at the federal court, all that happened is I filed a lawsuit, the other side answered,
[35:56.920 --> 36:05.320] and with a motion to dismiss, and the judge dismissed without giving me leave to amend.
[36:05.320 --> 36:12.440] That's the big one, not giving me leave to amend. And I don't know if the Ninth Circuit will say
[36:12.440 --> 36:17.640] that that's enough to send it back down with instruction allowing me leave to amend, because
[36:17.960 --> 36:23.800] I think they may say, well, it's over, and he couldn't come out of that
[36:25.960 --> 36:32.520] hole he's in with the immunity that they have. And then that was how I started the conversation.
[36:32.520 --> 36:40.280] I'm frustrated over this immunity because you see in some things where it seems to be going right.
[36:41.000 --> 36:46.680] You get a sheriff that abused a prisoner, and the sheriff got four years in prison for doing it.
[36:47.640 --> 36:55.480] What you need to do is look at the cases and see if there's a pattern of dismissing cases
[36:55.480 --> 37:00.600] by pro se litigants. Guarantee you're going to find it.
[37:01.640 --> 37:09.320] Yeah, you know there is, and then also when you get out to California that's dominated by Democrats,
[37:09.800 --> 37:20.040] you have basically a one-party system. And this is where you get, when you get to a one-party
[37:20.040 --> 37:27.240] system, there is no justice. And that goes back to talking to the new AG, because what I have,
[37:27.880 --> 37:34.680] the new AG could ask every one of these judges to resign, all 450 judges in Santa Clara County
[37:34.680 --> 37:39.320] for taking money from the county and then ruling on cases the county's involved in.
[37:39.320 --> 37:42.280] No, no, don't go back into all the details on that case again.
[37:44.120 --> 37:51.160] Right now, we know about all those bad judges. Right now let's look at the federal judges.
[37:53.480 --> 38:00.600] Choose these judges, look in the records and see if you can find pro se litigants. Can you search
[38:01.400 --> 38:09.240] a, what is it called, PACER for pro se? I think you can.
[38:10.360 --> 38:15.400] Okay. And you know it has a place for attorneys if you put pro se there.
[38:18.600 --> 38:23.560] And see if there's a pattern of dismissing pro se litigants cases.
[38:24.040 --> 38:31.960] And then go file criminally with the attorney general in D.C. That's what I'm going to do.
[38:33.960 --> 38:40.920] That's a darn good idea. Now at the same time, I'm going to go ahead forward with my criminal
[38:40.920 --> 38:45.560] complaint against the DA, the police, and everything that were involved in this.
[38:45.560 --> 38:49.560] No, right. This is a federal conspiracy. Everything against them goes to the DA, to the attorney general.
[38:49.560 --> 39:05.560] Well, you say federal conspiracy, but to crash what you said, I think this is a...
[39:07.800 --> 39:13.720] Denial, they denied you and your right to petition the court for redress and defense.
[39:16.520 --> 39:22.280] They denied you in the equal protection of the laws. Easy enough to make it federal.
[39:24.600 --> 39:26.920] Their conspiracy is a federal crime.
[39:28.440 --> 39:37.720] That is. Use 18 U.S. Code 241 because that one's a felony. That one has to go before a grand jury.
[39:37.720 --> 39:55.320] Okay. I think that gives me some... I have to finish my opening brief for the Ninth Circuit.
[39:57.240 --> 40:03.240] That's got to be done first. And it gets a lot... You know, when you get to the Ninth Circuit,
[40:04.040 --> 40:11.960] their website, it's almost nonexistent. It's like a one page. And I can't see a docket.
[40:12.920 --> 40:16.120] I can't find any place to... Go to Pacer.
[40:17.480 --> 40:22.280] Yeah, I did. And then when you search it, it's bouncing back and forth
[40:22.280 --> 40:29.560] between the Ninth Circuit website and Pacer. And you're not getting to the case and you're
[40:29.560 --> 40:34.840] not getting to the... You're not getting the right place. It's kind of a... Pacer is kind
[40:34.840 --> 40:40.200] of a pain in the neck to figure out how to use. It's not straightforward. When you select the
[40:40.200 --> 40:49.240] court that you want and the page comes up, under the court name at the top, in the middle there,
[40:49.240 --> 40:54.760] there's a link that you click. It's not clear what it is, but you click that link
[40:55.240 --> 40:57.160] and it'll take you to a query page.
[40:58.520 --> 41:04.040] I'm familiar with that on the federal court level, so I will go back and look.
[41:04.040 --> 41:11.560] Because I think what you just described, all I have to do is there's a link line on the top.
[41:13.480 --> 41:17.560] When you go from Pacer and say you want to go to the Ninth Circuit,
[41:17.560 --> 41:21.880] then it brings the Ninth Circuit page up. And just like the federal,
[41:21.880 --> 41:26.280] when you go to a federal court, just what you just described is probably the same.
[41:26.280 --> 41:28.520] And I just missed clicking on the right place.
[41:29.320 --> 41:35.560] Yeah, just click on every link that's on it. You'll find it, but it's got the header,
[41:36.120 --> 41:41.560] the name of the court and right under the name of the court. There's a link there. It is not clear
[41:41.560 --> 41:48.440] at all what it is, but you click on it. You miss it. Just try everything on there. You'll get to
[41:48.440 --> 41:54.440] write one eventually. Right, and they just raised the fees,
[41:56.120 --> 42:02.280] the filing fees, and I paid the filing fee at the federal court. And I have now paid the filing fee
[42:03.000 --> 42:09.400] for this appeal to the Ninth Circuit because I didn't want them to just dismiss the case as
[42:09.400 --> 42:16.520] frivolous, which they will do if you put in a fee waiver. So I'm serious about this.
[42:17.080 --> 42:17.640] Yeah.
[42:17.640 --> 42:18.760] As long as it takes.
[42:19.560 --> 42:28.520] Yeah. Then try to move the court for an extension of time to appeal until you have time to
[42:31.320 --> 42:37.320] process your or pursue criminal accusations against them in the Fed.
[42:40.360 --> 42:42.040] That'll be a great paper.
[42:42.040 --> 42:49.880] If you get a conviction on them in the Fed, then your claim here is dead bang.
[42:51.240 --> 42:59.080] Yeah. And it should happen. These guys are criminals, man.
[43:00.040 --> 43:03.080] They are. Well, let's start treating them like criminals.
[43:05.320 --> 43:08.680] Okay, call back in tomorrow night, Ted. We'll have more time.
[43:08.760 --> 43:11.240] We got two more callers and one more segment.
[43:12.360 --> 43:13.400] Sounds good. Thank you.
[43:14.920 --> 43:19.800] Okay. Thank you, Ted. Okay. Now we're going to Roger in Wisconsin.
[43:19.800 --> 43:22.840] Hello, Roger. What do you have for us today?
[43:24.360 --> 43:29.880] Yes. Good evening, gentlemen. Brad and Brandy. Thank you for taking my call.
[43:31.640 --> 43:35.240] First question, I kind of have two, but to be quick about it.
[43:35.560 --> 43:46.200] Uh, Brandy, if you were to write a book, those new titles, like how to, uh, stand against,
[43:46.200 --> 43:54.040] um, pre-foreclosure and, and mortgage, uh, foreclosure for dummies, you know,
[43:54.040 --> 44:01.960] and a quick start guide. Like the first step is you, you, uh, directed my friend from Minnesota
[44:02.520 --> 44:08.840] to do, to, uh, you'll find the mortgage document and then, um, go to the
[44:10.120 --> 44:13.960] clerk of court to access the file for the property address.
[44:16.680 --> 44:21.960] And then you don't know, not for your property address. You want to see all of the documents
[44:21.960 --> 44:28.680] filed in the county recorder's office so that you can find if there are any claims against your
[44:28.680 --> 44:36.280] property. There are certain documents that must be in there and they're likely to be documents you
[44:36.280 --> 44:45.720] don't expect to find, especially if they have sold the mortgage. Then there will be assignments and,
[44:45.720 --> 44:51.480] uh, appointments. You want to see who's been assigned what, who's been appointed to what.
[44:51.480 --> 44:59.000] But when you, when you first get to the clerk's office, what do you, uh,
[45:00.200 --> 45:04.840] without using the property address, do you use the name or what?
[45:04.840 --> 45:08.840] Yeah, you use your property address. Hang on, we'll be right back.
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[47:33.080 --> 47:40.200] Some things in this world I will never understand. Some things I realize fully.
[47:41.640 --> 47:48.680] Somebody's gonna police that policeman. Somebody's gonna police the police.
[47:50.200 --> 47:57.560] There's always a room at the top of the hill. I hear through the grapevine and it's lonely
[47:58.120 --> 48:05.560] too. They're wishing it was more than I position to feel. They know that if they don't do it,
[48:05.560 --> 48:14.520] somebody will. Some things in this world I will never understand. Some things I realize fully.
[48:15.960 --> 48:21.960] Somebody's gonna police that policeman. Somebody's gonna police the policeman.
[48:22.920 --> 48:27.480] Howdy, howdy, Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Roger
[48:27.480 --> 48:34.120] in Wisconsin. I could write a book on foreclosure by dummies.
[48:37.400 --> 48:38.200] Yeah, you should.
[48:41.240 --> 48:42.120] Not for but by.
[48:42.840 --> 48:51.000] Okay, so say the dummies in the clerk's office and, you know, use the property.
[48:52.440 --> 49:01.720] Foreclosure is not that terribly difficult once you kind of got the idea. And the main idea to
[49:01.720 --> 49:14.520] have is they never follow the contract. So read the contract. If I get a variable rate note,
[49:16.200 --> 49:22.360] these guys never ever get their accounting right. And in foreclosure,
[49:23.240 --> 49:30.440] they're in mortgages. You got a guy here that all he does is sell houses and create mortgages.
[49:32.280 --> 49:37.800] Or he's got real estate agents who get the houses and they bring the deal to him.
[49:38.680 --> 49:45.000] And he goes to a bank and gets a loan from a bank when he gets a deal.
[49:46.040 --> 49:49.960] He'll get a loan and use that money to purchase the property from the seller.
[49:51.160 --> 49:57.560] Then he'll transfer the property to the buyer in exchange for a promise to pay.
[49:58.120 --> 50:06.120] But he needs money to do the next deal. So he's got these guys, I forget what they're called,
[50:06.680 --> 50:14.600] that put together these investment pools. And that guy's waiting to buy a whole bunch of mortgages.
[50:16.120 --> 50:21.080] So every mortgage this broker can create, he's got somebody already ready to buy it.
[50:21.720 --> 50:29.160] So he'll create the mortgage and then he'll sell it to this broker at generally a 3% profit.
[50:30.200 --> 50:36.360] So he gets his money back so he can go use that money to buy the next house with.
[50:37.560 --> 50:48.440] So the property gets sold right away. Here's what happens when they sell it. These pools,
[50:49.400 --> 50:52.520] they generally hire someone to do the collections for them.
[50:54.520 --> 50:58.440] And then you look in the public record and you will see an appointment.
[50:58.440 --> 51:09.720] The appointment will appoint a trustee. And then the trustee will assign the mortgage
[51:10.680 --> 51:18.920] to a company that just collects the payments. That's all this company does is collect payments.
[51:19.640 --> 51:23.480] And then they have another company that does foreclosures.
[51:24.440 --> 51:28.120] So if it goes into foreclosure, they transfer it to another company.
[51:29.320 --> 51:37.080] Problem. I don't know why this is a problem, but it is a problem. Whenever they reassign the mortgage
[51:37.800 --> 51:43.240] to a different, it's been so long I forgot the word, the term for these guys,
[51:43.240 --> 51:46.200] the guys who collect the money. A servicer?
[51:47.160 --> 51:55.880] Yeah, servicer. When they assign a new servicer, for some reason, they only tell the servicer
[51:55.880 --> 52:03.080] how much is owed on the property. They don't send with them all the accounting for all the payments.
[52:03.880 --> 52:11.960] So they can't establish what was paid in and how those payments were dispersed.
[52:11.960 --> 52:19.800] How much went to principal? How much went to interest? How much went to other costs,
[52:19.800 --> 52:27.240] taxes, and the other costs associated with the mortgage? They don't know. They don't have it.
[52:27.960 --> 52:34.280] They don't have it. So the first thing you want to do is file a debt validation letter.
[52:35.880 --> 52:43.080] You're saying I owe you this much money. Prove it. The one I spoke about the last time we talked,
[52:43.640 --> 52:49.240] it took them seven years. We said, who the heck are you? We don't know who you are.
[52:49.240 --> 52:54.280] Prove up your position. You claim we owe this money? Here's my debt validation letter.
[52:54.280 --> 53:01.480] Show me all the billing. Show me every payment that you collected. What portion of the payment
[53:01.480 --> 53:09.720] went to principal and what went to interest? And demonstrate how you paid off the principal
[53:09.720 --> 53:14.360] before you applied money to the interest. And what went to taxes? I don't know where all the
[53:14.360 --> 53:21.960] money went. They can never tell you. So then you take the mortgage, and I've got a spreadsheet
[53:21.960 --> 53:28.440] I can run it on. We plug in all the numbers and amortize the mortgage. Well,
[53:29.400 --> 53:36.680] I do a standard amortization. Then I've got a second one page that does an amortization
[53:36.680 --> 53:44.760] based on the numbers in the good, in the debt, in the, what is it, Brett?
[53:45.240 --> 53:50.280] Uh, Tila, the hard one, the truth and lineage statement.
[53:53.160 --> 54:00.040] I can't find out how they make that because the principal and interest
[54:00.040 --> 54:02.680] is always different than what's in the note.
[54:05.880 --> 54:13.480] I always, uh, I had one, the closest thing I could find was Pastor Mass's brother. He said that they
[54:15.720 --> 54:23.400] deduct, oh, what did they deduct from me? They, this goes to, uh, mortgage insurance
[54:24.920 --> 54:29.480] that they take the mortgage insurance off the amount, off the principal.
[54:29.480 --> 54:37.480] And then they increase the interest rate to make up for taking the principal off.
[54:38.280 --> 54:40.760] I said, why did they do all this? He said, I have no idea.
[54:41.720 --> 54:45.240] It was the only one that had any idea how they come up with the numbers
[54:45.240 --> 54:51.480] on the truth lending statement, but they're different. And in about 1% of the cases,
[54:52.440 --> 54:57.960] if you amortize them, the note out and the truth and lending statement numbers,
[54:57.960 --> 55:02.920] they give you the same payment amount in about 1% of the cases.
[55:03.240 --> 55:12.280] Okay. You do that one. You see how much variation you have and then you go take the mortgage and you
[55:12.280 --> 55:17.480] take the, all of the numbers off the HUD one settlement statement. These are the costs.
[55:17.480 --> 55:25.240] They charge you for creating the note. The problem is they can, they cannot charge you
[55:25.240 --> 55:32.680] for anything that is the normal part of doing business like document preparation.
[55:32.680 --> 55:38.600] You'll find that one all the time, warehousing fee, all this stuff in there. This most of it's
[55:39.640 --> 55:43.480] the normal part of doing business and they're not allowed to put it on the HUD one, but
[55:43.480 --> 55:45.720] what they do anyway, cause you don't know any better.
[55:46.840 --> 55:51.240] They can't charge you for the certain things. They can't charge you for that's specified.
[55:51.800 --> 56:01.000] It's not otherwise forbidden by law to charge that the services charged for were actually rendered
[56:01.960 --> 56:07.320] that the amounts charged were reasonable and that the lender did not take an undisclosed
[56:07.320 --> 56:12.680] markup on the amounts charged. That's right out of the real estate settlement
[56:12.680 --> 56:21.800] procedures act requirements. So, oh, you just get these numbers. Nobody got any receipts.
[56:23.560 --> 56:28.280] They say they paid this much out to this company, but you don't have any receipts to show that.
[56:29.240 --> 56:31.320] So as far as we're concerned, you made all these up.
[56:33.000 --> 56:36.200] And the problem is you did make some of them up.
[56:38.200 --> 56:46.600] So when we do this, I can get you two, sometimes three times the original mortgage amount in fraud
[56:49.160 --> 56:56.120] just from this amortization. So well, how you do it is you take the amount you would overpay,
[56:56.120 --> 57:03.480] you deduct the full amount from line 1400 of the HUD-1 settlement statement from the original
[57:03.480 --> 57:09.640] principal as an overpayment. And then you run out the mortgage. You'll generally pay off the
[57:09.640 --> 57:19.000] mortgage, but if you're on a 30 year loan, you'll pay it off about 21, 22 years.
[57:19.080 --> 57:22.280] All the rest of it's overpayment.
[57:24.600 --> 57:26.920] And you take that amount that you would overpay.
[57:28.360 --> 57:31.400] Let's say they start the mortgage and the mortgage is two years old.
[57:34.520 --> 57:43.800] And you run the mortgage and they would defraud you of X amount. You don't take the amount they
[57:43.800 --> 57:53.080] have defrauded you of until this date. You claim the amount they would have defrauded you of
[57:53.720 --> 58:01.400] had their plan ran to fruition, but you don't sue for that amount either. You sue for treble
[58:02.040 --> 58:09.000] because it's fraud. That'll give me a number that's two, sometimes three times the original
[58:09.000 --> 58:15.000] principal. And that will give me a number to the penny.
[58:17.880 --> 58:21.480] If you just throw a number out there, they really complain about it. So I don't do that.
[58:21.480 --> 58:29.960] They get our numbers and this, I got $365,254 and 66 cents.
[58:31.560 --> 58:34.440] And I can show you how I got that to the penny,
[58:34.840 --> 58:38.200] which I'm sure freaks them out.
[58:38.200 --> 58:42.760] It does freak them out because the court's going to say, well, how did you come up with this?
[58:43.960 --> 58:50.120] I flip out the spreadsheet. Here it is. Here's my numbers. You guys don't trust my numbers.
[58:50.120 --> 58:55.160] I got all these amounts that I took off the principal. Oh, you think they're valid? We'll
[58:55.160 --> 59:02.440] prove one up. For everyone you prove up, I'll reamortize and we'll deduct my claim by that
[59:02.440 --> 59:07.480] amount. Guess how many of those numbers have been proved up, proved up over the years?
[59:11.080 --> 59:17.160] Zero. And it's zero because if they prove up one and they don't prove up another,
[59:17.160 --> 59:21.880] it creates the adverse inference that the one they didn't prove up was fraudulent.
[59:22.520 --> 59:26.120] And they never proved up any because they always got fraudulent ones.
[59:26.760 --> 59:33.400] We are out of time. I could do four to six hours on this.
[59:35.080 --> 59:37.560] So this was really short. I got a whole bunch of stuff.
[59:46.120 --> 59:51.160] Yeah. I just have the clerk make uncertified copies. You don't need certified. We just want
[59:51.160 --> 59:55.960] a copy. Give him a copy of everything. And before he does it, have him talk to me,
[59:55.960 --> 59:59.960] I'll tell him how to name them. Thank you for listening.