[00:00.000 --> 00:10.040]  You're listening to the Liberty Beat, your daily source for Liberty news and activist
[00:10.040 --> 00:11.040]  updates.
[00:11.040 --> 00:16.040]  Online at TheLibertyBeat.com.
[00:16.040 --> 00:20.400]  John Bush here with your Liberty Beat for July 11, 2013.
[00:20.400 --> 00:28.580]  Gold opened today at $1288, silver at $20.12, and bitcoin is trading at $86.
[00:28.580 --> 00:32.880]  For the Liberty Beat comes from Brave New Books, your Central Texas supplier of One
[00:32.880 --> 00:41.200]  World Way and Tangy Tangerine, in Austin at 1904 Guadalupe Street, or online at BraveNewBookstore.com.
[00:41.200 --> 00:46.640]  And now the news, here's an update on the arrest of Liberty activist Adam Kokesh.
[00:46.640 --> 00:51.760]  It was reported yesterday that Adam is being charged with possession of marijuana and mushrooms,
[00:51.760 --> 00:55.680]  along with having a loaded gun while in possession of the illegal drugs.
[00:55.680 --> 00:59.960]  It can be speculated that the drugs were found in the safe police spent hours trying to open
[00:59.960 --> 01:03.160]  during the Tuesday night raid on Kokesh's residence.
[01:03.160 --> 01:08.060]  NBC reported yesterday that Adam was refusing to come out of his cell and not participating
[01:08.060 --> 01:10.440]  with his captors in any way.
[01:10.440 --> 01:15.680]  Today it was posted on Adam Kokesh's Facebook fan page that Adam was brought into the courtroom
[01:15.680 --> 01:19.840]  in a wheelchair and refused to speak to anyone in the court.
[01:19.840 --> 01:24.440]  Free Adam protests have been organized and are currently taking place outside of Fairfax
[01:24.440 --> 01:25.840]  County Courthouse.
[01:25.840 --> 01:34.640]  The Liberty Beat will keep you up to date as this story unfolds.
[01:34.640 --> 01:40.240]  On Tuesday the Brazilian newspaper O Globo revealed that NSA spying programs recently
[01:40.240 --> 01:45.160]  unveiled by Edward Snowden did not stop with spying on American citizens communication,
[01:45.160 --> 01:50.800]  but also included the monitoring of Colombia, Venezuela, Brazil and Mexico.
[01:50.800 --> 01:55.160]  India's foreign ministry expressed concern that its American ally had been spying on
[01:55.160 --> 01:58.080]  internet communications and called for an explanation.
[01:58.080 --> 02:01.920]  The newspaper said the programs went beyond looking into military affairs and peered into
[02:01.920 --> 02:07.000]  the Indian nation's commercial secrets, including oil and energy.
[02:07.000 --> 02:10.520]  This announcement comes on the heels of discoveries that French and British government agencies
[02:10.520 --> 02:18.280]  were also spying on their citizens communication.
[02:18.280 --> 02:22.760]  Peter Son, best known as the founder of the Pirate Bay, is now working on a new tool designed
[02:22.760 --> 02:26.400]  to help privacy-concern internet users protect their information.
[02:26.400 --> 02:32.040]  The app is known as Hamil.is, which means secret in Swedish.
[02:32.040 --> 02:37.040]  It is designed to be a spy-proof messaging service for both iOS and Android that will
[02:37.040 --> 02:40.920]  use end-to-end encryption with a user-friendly interface.
[02:40.920 --> 02:44.880]  All messages will be encrypted so no one except the sender and recipient will be able to read
[02:44.880 --> 02:46.320]  their contents.
[02:46.320 --> 02:53.720]  Andy has started his goal to have encryption for all sorts of communications methods.
[02:53.720 --> 02:58.120]  Support comes from Bieler Education, providing admissions advice and homeschooling consulting
[02:58.120 --> 03:03.120]  for your family's educational needs.
[03:03.120 --> 03:28.080]  Okay, we are back, Randy Kelton, Debra Stevens, and we're talking to Darlene in Florida.
[03:28.080 --> 03:36.000]  Okay, we have a lot of things we can do to your attorney, and bar grieving him is one
[03:36.000 --> 03:41.560]  of the most powerful things you can do to an attorney.
[03:41.560 --> 03:45.480]  In other states, Florida is somewhat different, but in every other state where the lawyer
[03:45.480 --> 03:54.680]  has to buy his own malpractice insurance, there are nine carriers, underwriters of malpractice
[03:54.680 --> 04:01.080]  insurance in the country, and all of those are underwritten by Lawyers of London, and
[04:01.080 --> 04:06.520]  they all have essentially the same criteria.
[04:06.520 --> 04:11.000]  One bar grievance, your first year of practice, they will cancel your malpractice insurance
[04:11.000 --> 04:13.360]  immediately.
[04:13.360 --> 04:16.920]  Two bar grievances, any one year of practice, they'll cancel.
[04:16.920 --> 04:19.800]  Three, they'll cancel your law firm's malpractice insurance.
[04:19.800 --> 04:23.760]  It's kind of like to buy a new car.
[04:23.760 --> 04:28.880]  Take it down to Walmart, go in, come out, somebody's bashed you in the fender.
[04:28.880 --> 04:32.160]  You call the insurance company, they come out and fix it.
[04:32.160 --> 04:35.000]  Your rates go up.
[04:35.000 --> 04:40.840]  You come back, you go to Walmart next month, come out, another fender's bashed in, insurance
[04:40.840 --> 04:44.560]  company comes out and fixes it, they cancel.
[04:44.560 --> 04:48.480]  Your fault, their fault, nobody's fault, they don't care.
[04:48.480 --> 04:50.800]  You are an unacceptable risk.
[04:50.800 --> 04:53.880]  They'll do the same thing to that lawyer.
[04:53.880 --> 04:57.880]  Bar grievances make lawyers crazy.
[04:57.880 --> 05:06.160]  When you file a bar grievance, the lawyer is forbidden to mention it to you, because
[05:06.160 --> 05:12.880]  the bar associations are concerned that the lawyer will use his position as a officer
[05:12.880 --> 05:19.840]  of the court to unduly influence you, so he's forbidden to talk to you about it.
[05:19.840 --> 05:25.240]  So it's kind of like you both go into court and the lawyer goes over and stands behind
[05:25.240 --> 05:29.760]  his table and you come in and stand behind your table and then before the court starts,
[05:29.760 --> 05:36.000]  you walk over to his side and you kick him right square in the pants and you come back
[05:36.000 --> 05:43.300]  to your table and he's going to stand there and act like you didn't do it.
[05:43.300 --> 05:49.180]  We have tools that lawyers can't use.
[05:49.180 --> 05:54.820]  Lawyers do not bar grieve other lawyers, because they don't want it done to them.
[05:54.820 --> 05:59.360]  That thing could get out of hand with lawyers really fast.
[05:59.360 --> 06:04.680]  But proceeds, we can bar grieve them all we want to.
[06:04.680 --> 06:09.240]  Judicial conduct complaints against judges.
[06:09.240 --> 06:12.040]  You can file those all day.
[06:12.040 --> 06:17.760]  If the judge says one word to you about the judicial conduct complaint you filed against
[06:17.760 --> 06:24.680]  him, you move to disqualify him and ask the bailiff to arrest him.
[06:24.680 --> 06:29.240]  Obstruction of justice tampering with the witness.
[06:29.240 --> 06:39.560]  There are things you can do from the court side, but beyond that, as to the foreclosure
[06:39.560 --> 06:40.560]  itself.
[06:40.560 --> 06:49.960]  Let me ask you first, how do I put a claim in with Florida Bar for their E&O insurance?
[06:49.960 --> 06:53.800]  You don't actually put a claim for the insurance.
[06:53.800 --> 06:56.560]  You would actually file suit against the lawyer.
[06:56.560 --> 06:59.680]  Oh, I got a judgment.
[06:59.680 --> 07:04.440]  But there's things we can do to have a lot of fun with that before you actually get to
[07:04.440 --> 07:06.440]  the point of actually suiting.
[07:06.440 --> 07:16.720]  You send him a tort letter and you maintain that the signed document, the document that
[07:16.720 --> 07:21.040]  he had you sign in blank.
[07:21.040 --> 07:29.500]  You signed it in blank and you can only sign it in blank because if it were not in blank,
[07:29.500 --> 07:35.280]  it would be unconscionable for the lawyer to make that request.
[07:35.280 --> 07:43.600]  So he had no agreement from you to withdraw from your case.
[07:43.600 --> 07:53.400]  And therefore, since he took payment on an agreement, a contract was created and he failed
[07:53.400 --> 07:56.400]  to abide by the contract.
[07:56.400 --> 08:03.840]  Any harm that comes to you as a result of his improper withdrawal will result in you
[08:03.840 --> 08:10.240]  filing an action against him to recover your loss in triplicate.
[08:10.240 --> 08:11.240]  Okay.
[08:11.240 --> 08:18.280]  And just give him notice, don't talk to him.
[08:18.280 --> 08:25.160]  One thing to do is make sure all your conversations are in writing.
[08:25.160 --> 08:26.660]  Okay.
[08:26.660 --> 08:33.720]  One of the things we do when we file is you want to tell the lawyers or the lenders not
[08:33.720 --> 08:35.400]  to call you.
[08:35.400 --> 08:39.320]  If you have anything to say to me, put it in writing.
[08:39.320 --> 08:44.560]  Last time I got a ticket, the lawyer asked, the officer asked me for my phone number.
[08:44.560 --> 08:47.280]  I said, no phone number, but we need your phone number.
[08:47.280 --> 08:49.320]  No, you don't need my phone number.
[08:49.320 --> 08:58.120]  I want all interaction between you, me and the court in writing.
[08:58.120 --> 09:09.000]  He almost asked me why, but he was a smart cop and he bit his tongue and shut his mouth.
[09:09.000 --> 09:14.160]  Because he knew if he asked me why, I would insult him.
[09:14.160 --> 09:22.560]  So you have to understand, lawyers will lie like dogs.
[09:22.560 --> 09:28.120]  What about emails?
[09:28.120 --> 09:30.600]  Emails are okay because they're documentable.
[09:30.600 --> 09:32.480]  You can trace those.
[09:32.480 --> 09:34.960]  The email is just fine.
[09:34.960 --> 09:42.600]  As long as it's in some form that you can keep, I suggest that if you don't have them,
[09:42.600 --> 09:46.360]  get two recorders.
[09:46.360 --> 09:51.140]  One that's visible, one that's not visible.
[09:51.140 --> 09:58.560]  One of the most fun things I've done was I was talking to my sheriff here in Wise County,
[09:58.560 --> 09:59.560]  Texas.
[09:59.560 --> 10:04.200]  I told him, you know, sheriff, I'm an old combat veteran and I've got one of my eardrums
[10:04.200 --> 10:05.200]  blown out.
[10:05.200 --> 10:08.720]  I've only got one left and it don't work very good.
[10:08.720 --> 10:16.160]  Will you look and speak clearly into my pen, please?
[10:16.160 --> 10:19.880]  The look on his face was absolutely priceless.
[10:19.880 --> 10:26.560]  But those pens really do take nice video.
[10:26.560 --> 10:28.920]  Oh, video even.
[10:28.920 --> 10:30.920]  Oh, they take great video.
[10:30.920 --> 10:37.000]  And if you take one of those or some other type of small recorder, I've got one that
[10:37.000 --> 10:43.240]  looks like a BMW key, you push the button and the key pops out.
[10:43.240 --> 10:48.120]  It's a video recorder with motion sensing.
[10:48.120 --> 10:54.600]  You have one you put on the table, if they ask you to turn it off, turn it off.
[10:54.600 --> 11:02.480]  We had a guy call into the show and play for us the tape recording he made of the two officers
[11:02.480 --> 11:08.080]  trying to figure out how to erase the tape recording from the recorder they got from
[11:08.080 --> 11:11.200]  him.
[11:11.200 --> 11:14.560]  That case got dismissed.
[11:14.560 --> 11:19.040]  So we take two, key point in your pocket, they ask you to turn one off, turn it off.
[11:19.040 --> 11:21.760]  It never occurs to them you'll have two.
[11:21.760 --> 11:24.400]  Okay, that's good.
[11:24.400 --> 11:26.840]  And they never ask you to turn the second one off.
[11:26.840 --> 11:30.640]  No, they just wouldn't think you would do that.
[11:30.640 --> 11:35.640]  If you have, do you have Skype on your computer?
[11:35.640 --> 11:42.560]  Yeah, and I also have a recorder in my computer.
[11:42.560 --> 11:46.560]  And when I have to talk to any of them, I just don't trust it.
[11:46.560 --> 11:53.120]  Although I've been told you can't use it in a court of law, I still record it.
[11:53.120 --> 11:54.120]  No problem.
[11:54.120 --> 11:58.080]  We were going to get there.
[11:58.080 --> 12:06.760]  You can't, yes you can use the recording if you can establish foundation, but you don't
[12:06.760 --> 12:08.720]  need it.
[12:08.720 --> 12:18.320]  I had great fun on the stand when the lawyer was asking me about a conversation I had had.
[12:18.320 --> 12:22.840]  A friend of mine was dying of cancer and I helped him take over his business, keep his
[12:22.840 --> 12:23.840]  business going.
[12:23.840 --> 12:31.200]  But when he passed away, his heirs sued me.
[12:31.200 --> 12:33.720]  So it was a real mess.
[12:33.720 --> 12:40.440]  And they had me on the stand and the lawyer asked me about a conversation that I had had
[12:40.440 --> 12:43.320]  with Lauren.
[12:43.320 --> 12:48.400]  And I resided the conversation to it.
[12:48.400 --> 12:53.400]  He said, is that exactly what the conversation was?
[12:53.400 --> 12:57.680]  I said, that is exactly what the conversation was.
[12:57.680 --> 13:02.000]  And the lawyer said, well, Mr. Kelton, you must have a perfect, he said, how long ago
[13:02.000 --> 13:03.000]  was this?
[13:03.000 --> 13:05.480]  He said it was two years.
[13:05.480 --> 13:07.960]  You must have a photographic memory.
[13:07.960 --> 13:09.760]  Oh no, I have terrible memory.
[13:09.760 --> 13:15.520]  And I saw the judge out of the corner of my eye, ducked his head and put his head in his
[13:15.520 --> 13:16.520]  hand.
[13:16.520 --> 13:21.200]  He's kind of shaking his head like, no, no, no, don't go there.
[13:21.200 --> 13:25.920]  And the lawyer is not paying attention.
[13:25.920 --> 13:33.200]  Mr. Kelton, you're saying this is exactly what was said and you have a terrible memory?
[13:33.200 --> 13:34.200]  Well, yes.
[13:34.200 --> 13:37.440]  Then how do you know this is exactly what was said?
[13:37.440 --> 13:42.560]  Well, I took it from the transcript and the judge, when I said that, he ducked his head
[13:42.560 --> 13:43.560]  a little further.
[13:43.560 --> 13:46.720]  And the lawyer is too excited.
[13:46.720 --> 13:48.720]  He thinks he's caught me in a lie.
[13:48.720 --> 13:49.720]  Transcript?
[13:49.720 --> 13:50.720]  What transcript?
[13:50.720 --> 13:53.560]  Oh, the transcript I made from the recording that I kept.
[13:53.560 --> 13:54.560]  Objection, objection.
[13:54.560 --> 14:01.360]  And the judge said, no, no, counselor, you opened that door.
[14:01.360 --> 14:02.360]  So.
[14:02.360 --> 14:10.200]  Hey, that's the way to get it admissible, admissible.
[14:10.200 --> 14:11.200]  Exactly.
[14:11.200 --> 14:17.360]  You can state exactly what was said, what you said, what they said, every exact word.
[14:17.360 --> 14:23.800]  And if that lawyer is dumb enough to ask you some stupid questions about how you know that,
[14:23.800 --> 14:26.240]  then you get to establish foundation.
[14:26.240 --> 14:27.240]  That's how I use recordings.
[14:27.240 --> 14:28.240]  Okay.
[14:28.240 --> 14:29.240]  That's great.
[14:29.240 --> 14:30.240]  So.
[14:30.240 --> 14:37.000]  Now, let me tell you what I had to do, because after he withdrew, I was frantic and I couldn't
[14:37.000 --> 14:42.160]  have them file in for a summary judgment, so I had to get something filed.
[14:42.160 --> 14:48.040]  And I filed a defendant's motion to dismiss this foreclosure action as a result of fraud
[14:48.040 --> 14:51.920]  and violation of defendant's civil rights.
[14:51.920 --> 14:59.240]  And I never said it for hearing yet, but the attorney for the bank has said it for hearing
[14:59.240 --> 15:01.200]  coming up in August.
[15:01.200 --> 15:02.200]  Okay.
[15:02.200 --> 15:08.960]  What were the facts underlying your claim of fraud in civil rights?
[15:08.960 --> 15:16.920]  Well, I felt for one thing, I mean, I had said I had to seek the assistance of the Florida
[15:16.920 --> 15:23.480]  bar to obtain documents from the council, which that's where he was told to give me
[15:23.480 --> 15:27.040]  my documents and just gave me those scan things.
[15:27.040 --> 15:33.960]  And upon solicitation from many law firms, defendant reviewed the court file and found
[15:33.960 --> 15:39.600]  documents and pleadings that I was never made aware of by both parties.
[15:39.600 --> 15:47.880]  And that I stated that that attorney I had filed that motion to withdraw without my knowledge
[15:47.880 --> 15:48.880]  or consent.
[15:48.880 --> 15:49.880]  Okay.
[15:49.880 --> 15:54.200]  Here is the problem that you have.
[15:54.200 --> 16:05.480]  The court will not let you raise a claim based on what your lawyer did in this case, because
[16:05.480 --> 16:12.440]  the plaintiff is not responsible for your relationship with your lawyer and the court
[16:12.440 --> 16:15.880]  won't hold him responsible.
[16:15.880 --> 16:20.960]  We need a, you need to move for a continuance.
[16:20.960 --> 16:29.240]  You need to ask the court to appoint your counsel as your counsel has taken your excess
[16:29.240 --> 16:36.640]  funds, failed to give you adequate representation and now you're unable to locate counsel.
[16:36.640 --> 16:42.000]  Well, they're not going to want you to appoint your counsel, but this is a matter to buy
[16:42.000 --> 16:45.520]  time with.
[16:45.520 --> 16:48.640]  Let me pick this up and we can come back on the other side.
[16:48.640 --> 16:56.360]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio, our call in number, 512-646-1984.
[16:56.360 --> 17:03.360]  And you'll be right back.
[18:56.360 --> 19:26.240]  Okay, we are back, Randy Kelton, Deborah Stevens, Rule of Law Radio and we're talking
[19:26.240 --> 19:28.680]  to Darlene in Florida.
[19:28.680 --> 19:36.400]  Okay, Darlene, Florida is a mortgage state, so the other side had to sue for foreclosure.
[19:36.400 --> 19:42.240]  Question, do you have MERS included in the mortgage document?
[19:42.240 --> 19:47.440]  Yes, I have my securitization report and my forensic report.
[19:47.440 --> 19:51.120]  Okay, wait a minute, we'll get to that in a minute.
[19:51.120 --> 20:01.040]  Before I ever go to those things, what we want to look at first is breach of contract.
[20:01.040 --> 20:07.280]  If you go to the judge and say, judge, they illegally securitized my note and they improperly
[20:07.280 --> 20:14.320]  traded it back down in the securities market, the judge is going to say, okay, so what?
[20:14.320 --> 20:19.080]  How are you harmed by that?
[20:19.080 --> 20:24.760]  It's difficult to make a claim of harm and you can say, well, if they foreclose on me,
[20:24.760 --> 20:28.280]  somebody else might come back next month and foreclose again.
[20:28.280 --> 20:34.360]  And the judge will say, okay, when that happens, then you can come back and you can file an
[20:34.360 --> 20:42.600]  action, but you can't make a claim based on something that might happen.
[20:42.600 --> 20:50.960]  But in asking the judge to rule on securitization or bifurcation, you're asking the judge to
[20:50.960 --> 20:56.360]  render a ruling that'll change the legal landscape as he knows it and judges hate to
[20:56.360 --> 20:57.360]  do that.
[20:57.360 --> 20:58.360]  Right.
[20:58.360 --> 21:07.000]  So, we will get to those if we need to, but let's back up to this contract you signed,
[21:07.000 --> 21:15.720]  this mortgage where in the mortgage, you granted a privilege to the lender.
[21:15.720 --> 21:22.320]  You granted, the privilege you granted was a claim against your property.
[21:22.320 --> 21:30.160]  Normally, if someone loans you money and you don't pay it back, they come and sue you and
[21:30.160 --> 21:34.800]  if they win, they get a claim against you.
[21:34.800 --> 21:40.120]  Then they would petition the court for a judgment against your property so they could liquidate
[21:40.120 --> 21:43.640]  your property to satisfy the claim.
[21:43.640 --> 21:49.640]  But when the lender loaned you this money to purchase the property, he said, well, since
[21:49.640 --> 21:56.560]  it's to purchase this property, I want you to post the property as collateral by giving
[21:56.560 --> 22:02.920]  me a claim against the property so that if I have to sue, I don't have to sue you.
[22:02.920 --> 22:07.600]  So, I can sue the property in law that's called an in rim action.
[22:07.600 --> 22:12.960]  If you ever see in rim, that means they're not suing a person, they're suing property.
[22:12.960 --> 22:13.960]  Okay.
[22:13.960 --> 22:20.000]  Like if you have your car worked on and you don't pay the mechanic, he can do an in rim
[22:20.000 --> 22:23.000]  suit and sue the car.
[22:23.000 --> 22:24.000]  Okay.
[22:24.000 --> 22:30.320]  So, you granted them that privilege with certain conditions.
[22:30.320 --> 22:41.040]  One of which is generally covenant 16 is the lender agreed to abide by all law and that's
[22:41.040 --> 22:43.600]  one we can catch him on.
[22:43.600 --> 22:51.200]  But first, if MERS is in the documentation, did the lender sign the mortgage?
[22:51.200 --> 22:54.400]  No, only me.
[22:54.400 --> 22:55.400]  Okay.
[22:55.400 --> 23:01.200]  So, first thing you need to do is fire MERS.
[23:01.200 --> 23:10.040]  According to the mortgage, you appointed MERS as nominee, beneficiary and nominee for the
[23:10.040 --> 23:11.040]  lender.
[23:11.040 --> 23:16.360]  Well, if you can hire him, you can fire him.
[23:16.360 --> 23:23.960]  So, you file a document in the record giving notice that MERS is removed as nominee for
[23:23.960 --> 23:26.840]  the lender.
[23:26.840 --> 23:37.000]  And also file a document declaring that any appointment or assignment by MERS is voided
[23:37.000 --> 23:40.280]  and no force in effect.
[23:40.280 --> 23:43.980]  And the lender is going to jump up and down and wave their arms and rail in righteous
[23:43.980 --> 23:48.640]  indignation about that, tough.
[23:48.640 --> 23:54.420]  They're going to say, you can't fire my agent and we're going to say, of course we can.
[23:54.420 --> 23:58.920]  If we can hire your agent, we can fire your agent.
[23:58.920 --> 24:02.480]  And if they're going to say, well, you can't hire my agent, I say, okay.
[24:02.480 --> 24:08.360]  You didn't affirm the mortgage, so they weren't hired in the first place.
[24:08.360 --> 24:19.800]  And then I think it's 15 that requires the lender to provide all notices required by
[24:19.800 --> 24:22.240]  law by certified mail.
[24:22.240 --> 24:34.440]  This is the only time we'll go to the securitization issue if we need to get there.
[24:34.440 --> 24:40.600]  If they have sold interest in the note according to the Real Estate Settlement Procedures Act,
[24:40.600 --> 24:42.960]  they're required to give you notice.
[24:42.960 --> 24:49.520]  If they didn't give you that notice, they breach the covenants of the mortgage.
[24:49.520 --> 24:54.640]  Did you send a debt validation letter or a qualified written request?
[24:54.640 --> 25:01.080]  I sure did send that and they have not acknowledged it in five days and they have not responded
[25:01.080 --> 25:02.080]  to it.
[25:02.080 --> 25:04.080]  It's been 40 days.
[25:04.080 --> 25:13.480]  Notice of default of mortgage needs to be filed in the record noticing that you made
[25:13.480 --> 25:20.440]  request understanding law, lender failed to abide by the covenants of the deed of the
[25:20.440 --> 25:25.320]  mortgage, therefore the mortgage is void and no force in effect.
[25:25.320 --> 25:33.120]  You are at this point the uncontested holder of a warranty deed for the property, therefore
[25:33.120 --> 25:41.160]  you have a right to file documents affecting the property in the record.
[25:41.160 --> 25:48.600]  When you as a person withstanding to do so file a document in the record by law, it is
[25:48.600 --> 26:02.160]  presumed to be valid until someone with agency to represent a principal who is a bona fide
[26:02.160 --> 26:09.680]  to with, I'm sorry, agency to represent a principal withstanding, standing by way of
[26:09.680 --> 26:18.880]  being the bona fide holder of the note and deed of trust of the tangible instruments,
[26:18.880 --> 26:31.360]  meaning the originals, a copy is intangible and a principal with capacity by way of compliance
[26:31.360 --> 26:40.520]  with all contractual covenants and all standing law.
[26:40.520 --> 26:47.760]  They would have to show that in order to come into the court and address an issue concerning
[26:47.760 --> 26:48.760]  title.
[26:48.760 --> 26:54.400]  So, first thing you really need to do and the thing you need to do if you haven't done
[26:54.400 --> 27:05.200]  it is address agency standing in capacity, in your answer did you file a challenge to
[27:05.200 --> 27:13.280]  subject matter jurisdiction claiming that the plaintiff lacked agency standing in capacity?
[27:13.280 --> 27:18.960]  No, because that's something that attorney should have done when he was supposed to file
[27:18.960 --> 27:19.960]  for me.
[27:19.960 --> 27:24.560]  And no, and that's where I've been trying to research things now to know what I should
[27:24.560 --> 27:30.160]  do because after I got the securitization, I didn't think that they had standing.
[27:30.160 --> 27:40.200]  Okay, this is now the thing about standing is it goes to subject matter jurisdiction.
[27:40.200 --> 27:46.600]  Subject matter jurisdiction is a big deal because there is only one time you can sue
[27:46.600 --> 27:53.280]  the judge and that's when the judge acts without subject matter jurisdiction and your
[27:53.280 --> 28:02.120]  claim is the judge lacks subject matter jurisdiction because the plaintiff lacked agency standing
[28:02.120 --> 28:08.040]  or capacity to invoke the subject matter jurisdiction of the court.
[28:08.040 --> 28:15.320]  So because of the plaintiff's lack of standing, subject matter jurisdiction was never evoked
[28:15.320 --> 28:22.360]  therefore the court doesn't have any and you can sue the court.
[28:22.360 --> 28:34.560]  This gives the judge a dog in the hunt and you will never win your case because you simply
[28:34.560 --> 28:39.440]  because you have the law and the facts on your side.
[28:39.440 --> 28:49.240]  You think so is naive, you will only win your case if you can get the politics on your side
[28:49.240 --> 28:51.960]  and frankly that's what we're all about.
[28:51.960 --> 28:58.280]  We show you how to get politics and one of the ways of doing that is to challenge subject
[28:58.280 --> 29:04.120]  matter jurisdiction and a challenge to subject matter jurisdiction may be brought at any
[29:04.120 --> 29:09.400]  time so you can still file one in there.
[29:09.400 --> 29:16.280]  And that'll jerk a knot in your drawers and then once you file the notice of default,
[29:16.280 --> 29:23.800]  fire mirrors, notice of rescission of any appointments or assignments, then you need
[29:23.800 --> 29:30.120]  to send a letter, I'm sorry, then you need to get every document that has been filed
[29:30.120 --> 29:38.600]  with the county registrar from the date you received a warranty deed on the property and
[29:38.600 --> 29:42.240]  I'll explain what to do with those when we come back.
[29:42.240 --> 29:47.120]  We're about to go to break, this is Randy Kelton, David Stevens, Wheel of Law Radio,
[29:47.120 --> 29:54.040]  our call in number 512-646-1984, it's getting later in the show, if you want to ask a question,
[29:54.040 --> 30:01.840]  give us a call, get in line, we'll be right back.
[30:01.840 --> 30:05.960]  The Bill of Rights contains the first ten amendments of our Constitution, they guarantee
[30:05.960 --> 30:10.400]  the specific freedoms Americans should know and protect, our liberty depends on it.
[30:10.400 --> 30:14.360]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[30:14.360 --> 30:17.360]  one of your constitutional rights.
[30:17.360 --> 30:21.480]  Privacy is under attack, when you give up data about yourself, you'll never get it
[30:21.480 --> 30:26.400]  back again and once your privacy is gone, you'll find your freedoms will start to vanish
[30:26.400 --> 30:27.400]  too.
[30:27.400 --> 30:32.400]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:32.400 --> 30:35.080]  Privacy, it's worth hanging on to.
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[30:51.600 --> 30:56.420]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable
[30:56.420 --> 30:57.920]  search and seizure.
[30:57.920 --> 31:01.040]  Fourth Amendment, four eyes staring at you, get it?
[31:01.040 --> 31:05.320]  Unfortunately the government is trampling our Fourth Amendment rights in the name of
[31:05.320 --> 31:06.320]  security.
[31:06.320 --> 31:09.920]  Keys in point, TSA airport scanners that peer under your clothing.
[31:09.920 --> 31:13.920]  When government employees demand a peep at your privates without probable cause, I say
[31:13.920 --> 31:16.440]  it's time to sound the constitutional alarm bells.
[31:16.440 --> 31:21.040]  Join me in asking our representatives to dust off the Bill of Rights and use their googly
[31:21.040 --> 31:23.280]  eyes to take a gander at the Fourth.
[31:23.280 --> 31:30.680]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
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[31:52.120 --> 31:57.120]  Officer, I'm an Air Force pilot, I'm a father who lost his son, we're Americans and we deserve
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[33:25.680 --> 33:43.120]  Okay, we are back, Randy Kelton, Debra Stevens, Rule of Law Radio.
[33:43.120 --> 33:46.720]  And we're talking to Darlene in Florida.
[33:46.720 --> 33:54.760]  Okay, go to the county registrar and collect all of the documents that have been filed
[33:54.760 --> 34:01.840]  in the record since you received the warranty deed on the property.
[34:01.840 --> 34:02.840]  Okay.
[34:02.840 --> 34:11.560]  Then look at those documents and pull the name of every notary on each document.
[34:11.560 --> 34:21.280]  Send a letter to the notary requesting evidence of all authentications done for a day before
[34:21.280 --> 34:25.280]  or to a day after the date on this document.
[34:25.280 --> 34:30.520]  It's better if you have a third party do it.
[34:30.520 --> 34:36.840]  The lenders in their glut to see how much money they could make and how fast they could
[34:36.840 --> 34:42.800]  make it, cut every corner they thought they could get away with and this was one of them
[34:42.800 --> 34:44.800]  was the notaries.
[34:44.800 --> 34:49.520]  They actually forged notaries.
[34:49.520 --> 34:51.320]  How could they be so stupid?
[34:51.320 --> 34:56.120]  I mean, that's a felony for crying out loud.
[34:56.120 --> 35:05.440]  But almost all of the ones we look at either have blatantly forged notaries, acknowledgements,
[35:05.440 --> 35:09.480]  or they're unable to prove up the acknowledgement.
[35:09.480 --> 35:15.760]  So have somebody else send them a request for evidence of authentications.
[35:15.760 --> 35:22.080]  The reason I say evidence of authentication is because some states have a requirement
[35:22.080 --> 35:29.640]  that the notary keep a sequential ledger of all of the authentications that they do.
[35:29.640 --> 35:35.840]  All the notary really does is authenticate the signature of the person who does the signing.
[35:35.840 --> 35:44.280]  They authenticate that the name is the name of the person who actually signed the document.
[35:44.280 --> 35:49.960]  So you ask for evidence of authentication because some states like Florida do not require
[35:49.960 --> 35:51.680]  a sequential ledger.
[35:51.680 --> 35:52.680]  Okay.
[35:52.680 --> 35:57.600]  I've got two different stories about Florida.
[35:57.600 --> 36:02.440]  Some say they do, some say they don't, so I'm not sure specifically, but if you ask
[36:02.440 --> 36:04.000]  for evidence.
[36:04.000 --> 36:10.400]  I'm professional and I do keep a ledger, a journal, but they don't require all notaries
[36:10.400 --> 36:11.400]  to do it.
[36:11.400 --> 36:12.400]  Okay.
[36:12.400 --> 36:15.120]  Here's the deal.
[36:15.120 --> 36:23.720]  If you are a notary, you are a licensed professional, and Florida has state income tax.
[36:23.720 --> 36:24.720]  See where I'm going?
[36:24.720 --> 36:30.120]  You have to keep financial records.
[36:30.120 --> 36:31.920]  We don't have a state income tax.
[36:31.920 --> 36:34.520]  Florida doesn't have a state income tax?
[36:34.520 --> 36:35.520]  No.
[36:35.520 --> 36:36.520]  Okay.
[36:36.520 --> 36:38.520]  Well, you got a federal one.
[36:38.520 --> 36:39.520]  Okay.
[36:39.520 --> 36:40.520]  Yeah.
[36:40.520 --> 36:42.520]  So you have to keep records of your income.
[36:42.520 --> 36:46.320]  I thought Texas was the only one that didn't have a state income tax.
[36:46.320 --> 36:47.320]  No.
[36:47.320 --> 36:50.320]  Florida doesn't have a state income tax.
[36:50.320 --> 36:51.320]  Oh.
[36:51.320 --> 36:52.320]  Interesting.
[36:52.320 --> 36:53.320]  Okay.
[36:53.320 --> 36:54.320]  You still have to keep federal records.
[36:54.320 --> 36:58.440]  You have to keep financial records of the transactions.
[36:58.440 --> 37:00.160]  Yeah.
[37:00.160 --> 37:02.840]  So we ask for those.
[37:02.840 --> 37:06.320]  And when they can't produce them, didn't we go to the court?
[37:06.320 --> 37:14.280]  See, you can go to the court and say that, you know, this notary here is bogus, and he's
[37:14.280 --> 37:17.360]  going to ask for evidence to show that it's bogus.
[37:17.360 --> 37:23.440]  Well, we sent a request to the notary for evidence of the authentication, and the notary
[37:23.440 --> 37:28.280]  was unable to produce that evidence.
[37:28.280 --> 37:35.880]  So that gives you prima facie evidence that the notary was invalid.
[37:35.880 --> 37:46.200]  You also pull the name of every person who signed a document for an entity, and you send
[37:46.200 --> 37:52.920]  a letter to that entity, like MERS or Bank of America or whoever.
[37:52.920 --> 37:56.840]  And this, too, should be sent by a third party.
[37:56.840 --> 38:07.000]  Say, I have a document, and it has this name on it where the person signed as a representative
[38:07.000 --> 38:08.000]  of your company.
[38:08.000 --> 38:12.760]  However, when I check the county record, I find no evidence of power of attorney for
[38:12.760 --> 38:14.680]  this person.
[38:14.680 --> 38:20.560]  Will you please forward to me evidence of power of attorney for this person to sign
[38:20.560 --> 38:23.680]  for your company?
[38:23.680 --> 38:27.600]  You never got responses to those.
[38:27.600 --> 38:33.780]  So you can go to the court and say, your honor, this guy's a robo-signer, why his name splattered
[38:33.780 --> 38:38.460]  all over the internet, and the judge is going to say so.
[38:38.460 --> 38:44.520]  That doesn't mean he doesn't have authority to sign in this instance.
[38:44.520 --> 38:54.760]  But if you say, your honor, we sent a request to the entity for whom this person signed,
[38:54.760 --> 39:00.520]  requesting evidence of power of attorney for this person, as there is no evidence of power
[39:00.520 --> 39:04.040]  of attorney in the public record.
[39:04.040 --> 39:10.440]  And we received no response from the company showing that this person had authority to
[39:10.440 --> 39:11.440]  sign.
[39:11.440 --> 39:15.720]  Therefore, he's a robo-signer, and his name splattered all over the internet.
[39:15.720 --> 39:21.880]  Now, that's something the judge can wrap his head around.
[39:21.880 --> 39:25.520]  So we get those documents in.
[39:25.520 --> 39:34.280]  If you filed a, did you file a dead validation letter or a qualified written request?
[39:34.280 --> 39:35.280]  Or both?
[39:35.280 --> 39:36.280]  I didn't file it.
[39:36.280 --> 39:39.360]  I sent it to the bank, but I didn't file it with the court.
[39:39.360 --> 39:42.560]  No, no, this doesn't go with the court.
[39:42.560 --> 39:46.960]  Was it a qualified written request or a dead validation letter?
[39:46.960 --> 39:48.680]  Qualified written request.
[39:48.680 --> 39:51.520]  It was June 1st.
[39:51.520 --> 40:03.320]  What was the nature of the accounting error that you claimed and requested that they correct?
[40:03.320 --> 40:04.320]  I don't know.
[40:04.320 --> 40:06.920]  It was a pretty long- Okay.
[40:06.920 --> 40:13.440]  Most of these QWRs, especially the ones you pull off the internet, these guys who were
[40:13.440 --> 40:17.360]  writing them never read the rules.
[40:17.360 --> 40:25.240]  A qualified written request is a notice to the servicer of an accounting error and a
[40:25.240 --> 40:28.560]  demand that the servicer correct the error.
[40:28.560 --> 40:36.400]  If it does not have a claim of an accounting error, it never invokes the real estate settlement
[40:36.400 --> 40:37.400]  procedures act.
[40:37.400 --> 40:38.400]  Okay.
[40:38.400 --> 40:41.400]  I'll have to go read because it was lengthy.
[40:41.400 --> 40:42.400]  Okay.
[40:42.400 --> 40:48.400]  So we just send them another one that does have one, and I do some calculations that
[40:48.400 --> 40:52.400]  will give them a number that will choke a horse.
[40:52.400 --> 40:53.400]  Okay.
[40:53.400 --> 41:06.760]  But did your request ask the lender to produce the original note and mortgage?
[41:06.760 --> 41:13.760]  Well, I could grab it right now, but something that's really strange about that with the
[41:13.760 --> 41:20.480]  original note and mortgage, three times they filed in my court foreclosure papers that
[41:20.480 --> 41:28.720]  the note and mortgage was lost, and then just mysteriously in September 2012, they filed
[41:28.720 --> 41:35.560]  something that they said was the original note that actually had stamps on it.
[41:35.560 --> 41:40.120]  Oh, wonderful.
[41:40.120 --> 41:45.000]  Did they file the original or did they file a copy?
[41:45.000 --> 41:46.000]  No.
[41:46.000 --> 41:48.240]  This is like original.
[41:48.240 --> 41:54.520]  I mean, you can tell the stamps that are put on for book and page, and this is like an
[41:54.520 --> 41:57.440]  original with the book and page stamp.
[41:57.440 --> 41:58.440]  Okay.
[41:58.440 --> 42:02.640]  Does it have an allange attached to it?
[42:02.640 --> 42:03.640]  A what?
[42:03.640 --> 42:04.640]  Okay.
[42:04.640 --> 42:10.120]  And the allange, what an allange is, is if they endorse the note, if they've signed it
[42:10.120 --> 42:16.440]  over to somebody, there's not a lot of room on the document for endorsements.
[42:16.440 --> 42:20.960]  So if they have two or three endorsements, what they'll generally do is attach another
[42:20.960 --> 42:27.800]  document with the endorsements on the second document, and that's called an allange.
[42:27.800 --> 42:31.040]  No, I did not see that in the file.
[42:31.040 --> 42:35.680]  The only thing I saw was like the actual note, two pages of a note.
[42:35.680 --> 42:50.520]  Okay, did the endorsements on the note match what your securities analysis found?
[42:50.520 --> 42:52.080]  I don't know.
[42:52.080 --> 42:53.080]  Okay.
[42:53.080 --> 42:56.080]  That's something we'll need to check.
[42:56.080 --> 42:57.080]  We could do this all night.
[42:57.080 --> 43:00.600]  I have a bunch more callers.
[43:00.600 --> 43:01.600]  We need to talk offline.
[43:01.600 --> 43:03.840]  There's a whole lot to go through.
[43:03.840 --> 43:12.400]  I could spend about 16 hours on this subject, and the reason I went through that part is
[43:12.400 --> 43:17.440]  those are the basic things that we go through first.
[43:17.440 --> 43:19.360]  That is just the setup.
[43:19.360 --> 43:27.680]  We didn't even get to false fees, and that's where I come up with a really large claim
[43:27.680 --> 43:31.760]  to put on a qualified written request.
[43:31.760 --> 43:41.280]  The point is, the point that everyone should get concerning any action in court, there
[43:41.280 --> 43:49.280]  is always something you can do, and generally, there are lots and lots of things you can
[43:49.280 --> 43:53.760]  do, especially if you're pro se, you have even more options.
[43:53.760 --> 43:54.760]  Hang on.
[43:54.760 --> 43:57.760]  This is Randy Kelton, Demon Stevens, Wheel of Law Radio.
[43:57.760 --> 44:01.960]  We'll be right back.
[44:01.960 --> 44:07.200]  Mr. President, members of Congress, you've been making a lot of noise about taking our
[44:07.200 --> 44:11.440]  guns away, but you might want to review history.
[44:11.440 --> 44:15.280]  1835, Gonzales, Texas territory.
[44:15.280 --> 44:20.120]  The authorities wanted to confiscate the big gun that protected that colony.
[44:20.120 --> 44:22.400]  You know what the people said?
[44:22.400 --> 44:29.440]  Come and take it, because they were willing to fight for their freedom and their guns.
[44:29.440 --> 44:30.600]  So are we.
[44:30.600 --> 44:33.600]  Come and take it if you want it.
[44:33.600 --> 44:36.800]  Come and take it if you think you can.
[44:36.800 --> 44:42.800]  Come and take it, but I warn you, you'll have to buy it from my cold-dead hands.
[44:42.800 --> 44:49.600]  We want the freedom that God gave us, so you best not cross that line.
[44:49.600 --> 44:54.600]  If you want this gun, you gotta come through us and take it.
[44:54.600 --> 44:56.600]  One shot at a time.
[44:56.600 --> 45:00.600]  Just like Gonzalez, we're keeping our guns.
[45:00.600 --> 45:03.600]  Are you the plaintiff or defendant in a lawsuit?
[45:03.600 --> 45:07.600]  Win your case without an attorney with Jurisdictionary.
[45:07.600 --> 45:15.600]  The affordable, easy to understand, 4-CD course that will show you how in 24 hours, step by step.
[45:15.600 --> 45:18.600]  If you have a lawyer, know what your lawyer should be doing.
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[45:22.600 --> 45:27.600]  Thousands have won with our step by step course, and now you can too.
[45:27.600 --> 45:33.600]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[45:33.600 --> 45:42.600]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[45:42.600 --> 45:51.600]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more.
[45:51.600 --> 46:14.600]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[46:14.600 --> 46:30.600]  Okay, we are back.
[46:30.600 --> 46:36.600]  Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're talking to Darlene in Florida.
[46:36.600 --> 46:46.600]  And the point I was making when we were going out is, you know, we've been helping people with more mortgage issues for quite a while.
[46:46.600 --> 46:54.600]  And the one thing that had very early on became abundantly clear.
[46:54.600 --> 47:02.600]  Nothing you can do to get the lender's attention short of suing them.
[47:02.600 --> 47:04.600]  That's the only thing they're going to pay attention to.
[47:04.600 --> 47:09.600]  Everything else they'll ignore. If you try to get a loan modification, they'll use that against you.
[47:09.600 --> 47:14.600]  Everything you try to do, they planned what they're doing very well.
[47:14.600 --> 47:19.600]  They've got 16 million of these loans out there.
[47:19.600 --> 47:24.600]  They really learned how to box you in and screw you around.
[47:24.600 --> 47:31.600]  The only thing you're going to be able to do to address any issues is sue them.
[47:31.600 --> 47:34.600]  But that's a good thing.
[47:34.600 --> 47:40.600]  We live in a world where the courts are absolutely corrupt.
[47:40.600 --> 47:52.600]  And they're so corrupt that they have to have all of these laws in there to protect themselves from one another.
[47:52.600 --> 47:55.600]  And we get to use those against them.
[47:55.600 --> 47:59.600]  The courts hate pro se litigants.
[47:59.600 --> 48:03.600]  They don't hate pro se litigants because they write stupid pleadings.
[48:03.600 --> 48:06.600]  They like that part. Makes it easy for them.
[48:06.600 --> 48:14.600]  They hate pro se litigants because every once in a while they come across the pro se from hell.
[48:14.600 --> 48:19.600]  Judges can control lawyers.
[48:19.600 --> 48:27.600]  They can't control pro se litigants quite so well because pro se's are also sovereigns.
[48:27.600 --> 48:37.600]  And sovereigns can beat them up big time, professional wise, in ways that no attorney would ever do.
[48:37.600 --> 48:42.600]  Judges all aspire to higher position.
[48:42.600 --> 48:50.600]  Judicial conduct complaints cause them to appear to be incompetent and liabilities.
[48:50.600 --> 49:00.600]  If you file a judicial conduct complaint against a judge, the commission on judicial conduct will get that complaint and throw it in the trash.
[49:00.600 --> 49:06.600]  But they'll put a mark on his record that never, ever goes away.
[49:06.600 --> 49:11.600]  If he's vying for a higher position, he's got 10 judicial conduct complaints.
[49:11.600 --> 49:14.600]  The other guy hasn't got any.
[49:14.600 --> 49:17.600]  He is toast.
[49:17.600 --> 49:24.600]  And lawyers hate bar grievances because bar grievances hit them in the pocketbook big time.
[49:24.600 --> 49:30.600]  It raises their insurance costs. It generally starts at 25 to 30 grand a year.
[49:30.600 --> 49:32.600]  And we file criminal complaints.
[49:32.600 --> 49:42.600]  That's something the lawyers and the judges stay as far away from as they can get.
[49:42.600 --> 49:45.600]  But you are the sovereign.
[49:45.600 --> 49:50.600]  You are a citizen of the state.
[49:50.600 --> 49:55.600]  And as such, you have a duty to report crime.
[49:55.600 --> 50:03.600]  And when you report that crime, you are absolutely immune from any suit.
[50:03.600 --> 50:20.600]  And nobody better—that's not going to come out right—nobody can say a word to you about the filing if they do obstruction of justice tampering with a witness.
[50:20.600 --> 50:27.600]  I've stood in the courtroom and asked the bailiff to drag that judge down off that bench.
[50:27.600 --> 50:30.600]  The judge, you get off that bench, you're disqualified.
[50:30.600 --> 50:43.600]  And the judge jumped up and while he's jumped up saying, clear the jury, clear the jury, while the jury's filing out, I'm arguing with the bailiff on whether or not the bailiff's going to arrest the judge.
[50:43.600 --> 50:51.600]  And the judge sat there and kept his mouth shut until the bailiff absolutely refused to arrest him.
[50:51.600 --> 50:54.600]  Then the judge spoke.
[50:54.600 --> 50:57.600]  He didn't speak until I got through with the bailiff.
[50:57.600 --> 51:05.600]  And reason being, tampered with a witness, obstruction of justice, and he knew it and he knew that I knew it.
[51:05.600 --> 51:09.600]  So you can file criminal complaints.
[51:09.600 --> 51:13.600]  You can file judicial conduct complaints, bar grievances.
[51:13.600 --> 51:19.600]  You can file motions and pleadings that the judge does not want to deal with.
[51:19.600 --> 51:22.600]  You've got lots and lots of things you can do.
[51:22.600 --> 51:31.600]  The first place we need to go always is the contract, the basic contract.
[51:31.600 --> 51:36.600]  You claim that the lender failed to give a proper notice.
[51:36.600 --> 51:39.600]  Therefore, he breached the mortgage.
[51:39.600 --> 51:51.600]  You claim that the lender sold the note or a portion of the note, but he did not sell it together with this security instrument.
[51:51.600 --> 51:54.600]  You don't have to claim that you were harmed by the bifurcation.
[51:54.600 --> 51:58.600]  You don't have to explain bifurcation.
[51:58.600 --> 52:02.600]  The contract says he can't do that, and he did that.
[52:02.600 --> 52:05.600]  Breach of contract, game over.
[52:05.600 --> 52:09.600]  So these are just some of the things that we can claim.
[52:09.600 --> 52:11.600]  You have lots of them.
[52:11.600 --> 52:12.600]  You file a suit.
[52:12.600 --> 52:14.600]  The judge is going to dismiss.
[52:14.600 --> 52:16.600]  You file a federal suit, especially.
[52:16.600 --> 52:23.600]  If you file a federal suit, the other side is going to file a Rule 12 motion to dismiss the failure of the state of claim, which cover can be had.
[52:23.600 --> 52:27.600]  The judge is going to grant the claim because they're corrupt.
[52:27.600 --> 52:29.600]  You're going to file a motion for reconsideration.
[52:29.600 --> 52:32.600]  The judge is going to deny the motion for reconsideration.
[52:32.600 --> 52:34.600]  You're going to file a notice of appeal.
[52:34.600 --> 52:42.600]  Then you're going to appeal, and the court of appeals may or may not grant your appeal.
[52:42.600 --> 52:46.600]  That's where the action is.
[52:46.600 --> 52:54.600]  Everything you do in the trial court is for the purpose of setting the record for appeal.
[52:54.600 --> 53:08.600]  The better you set the record in the trial court, the more uncomfortable the judge gets and the more uncomfortable the bank gets because they don't want to be overturned by the court of appeals.
[53:08.600 --> 53:14.600]  And all of this process takes forever.
[53:14.600 --> 53:22.600]  So point being is you have remedy, lots and lots of remedy.
[53:22.600 --> 53:30.600]  I do need to move on, but if you were able, I would like to talk to you and David sometime tomorrow.
[53:30.600 --> 53:31.600]  Okay.
[53:31.600 --> 53:35.600]  And we go into a lot more detail we couldn't go into here.
[53:35.600 --> 53:36.600]  Okay.
[53:36.600 --> 53:40.600]  Thank you very much, Darlene, and we will talk tomorrow.
[53:40.600 --> 53:41.600]  Sounds good.
[53:41.600 --> 53:43.600]  Thank you.
[53:43.600 --> 53:44.600]  Okay.
[53:44.600 --> 53:47.600]  We are going to Jeff in Mississippi.
[53:47.600 --> 53:49.600]  Hello, Mr. Jeff.
[53:49.600 --> 53:50.600]  Hey, Randy.
[53:50.600 --> 53:52.600]  Jeff from Mississippi here.
[53:52.600 --> 53:55.600]  How are things going with you?
[53:55.600 --> 54:01.600]  Well, the last we talked, we were, and just to catch our listeners up to speed,
[54:01.600 --> 54:10.600]  I was arrested on the campus of Mississippi State University for having a rifle, so it was a weapon on campus, and I went to prison.
[54:10.600 --> 54:19.600]  And I've gotten out of prison, and what my assignment was that you had given me was to find out if the grand jury met.
[54:19.600 --> 54:28.600]  So I was to send off some letters to find out if I could get transcripts, and I even asked a question, who was the judge?
[54:28.600 --> 54:42.600]  And I received all the letters back, and the letters say there is no judge, there is no court reporter, there are no minutes to the grand jury hearing.
[54:42.600 --> 54:45.600]  However, they didn't say there was no grand jury hearing.
[54:45.600 --> 54:49.600]  In fact, they responded and said the grand jury meets in secret.
[54:49.600 --> 54:59.600]  So I think that sounds like even though we don't have a judge present and no minutes, that's perfectly legal because the grand jury still met.
[54:59.600 --> 55:02.600]  That's what it sounds like they're going to try to wiggle out of that.
[55:02.600 --> 55:04.600]  I wanted to get your opinion.
[55:04.600 --> 55:14.600]  Have you looked at your criminal procedure code that defines the duties of the grand jury?
[55:14.600 --> 55:16.600]  In Mississippi?
[55:16.600 --> 55:17.600]  Yes.
[55:17.600 --> 55:20.600]  Okay, the Mississippi Rules of Court.
[55:20.600 --> 55:32.600]  Here it is read, the circuit judge shall charge the grand jury according to the matters required by law and other statutes as the judge deems fit and proper.
[55:32.600 --> 55:43.600]  Okay, what is the law and other statutes that exist that define the duties of the grand jury?
[55:43.600 --> 55:50.600]  It won't be in the Rules of Court. It will be in the criminal procedure code.
[55:50.600 --> 55:53.600]  Oh, okay. I did not know that.
[55:53.600 --> 55:56.600]  Okay, look in the criminal procedure code.
[55:56.600 --> 56:12.600]  In Texas, it's in Chapter 20, but every state will have a section defining what the grand jury is, how they're put together, when they'll meet, where they'll meet, how they're impaneled.
[56:12.600 --> 56:14.600]  And what their duties are.
[56:14.600 --> 56:20.600]  Now, this is the one in Texas, duties of grand jurors.
[56:20.600 --> 56:34.600]  The grand jury shall investigate into all criminal accusations that come of their own personal knowledge or by way of the prosecuting attorney or any credible person.
[56:34.600 --> 56:43.600]  Number of states have this one, and this is my favorite. This is from Florida.
[56:43.600 --> 56:48.600]  It's not Florida, California. Not California, Colorado.
[56:48.600 --> 56:53.600]  And a number of states have almost this exact wording.
[56:53.600 --> 56:57.600]  And this is the same wording for the Fed.
[56:57.600 --> 57:10.600]  It says, the grand jury shall investigate into all criminal accusations that come to their knowledge by whatever means.
[57:10.600 --> 57:20.600]  Then it will go on to state, to define how an indictment is brought.
[57:20.600 --> 57:26.600]  I do not believe there's not a court reporter.
[57:26.600 --> 57:29.600]  They're lying to you.
[57:29.600 --> 57:35.600]  Now, there won't be a court reporter when the grand jury deliberates.
[57:35.600 --> 57:43.600]  But generally, that is the only part of the grand jury that's secret.
[57:43.600 --> 57:51.600]  Everything else is not. Testimony before grand jury has to be recorded.
[57:51.600 --> 57:57.600]  Otherwise, that would open the door for absolutely horrendous abuse.
[57:57.600 --> 58:13.600]  And no corrupt official is going to want a prosecuting attorney to be able to go in in secret and say anything he wants to to a grand jury and get that corrupt official indicted.
[58:13.600 --> 58:16.600]  They're going to have protections.
[58:16.600 --> 58:24.600]  Okay, hang on. We're about to go to break. This is Randy Kelp from Deborah Stevens, Wheel of Law Radio.
[58:24.600 --> 58:30.600]  We're going to our top of the hour break. So it'll be a couple of minutes longer than usual.
[58:30.600 --> 58:36.600]  We're going to our last hour. So if you have a question or comment, now is the time to call.
[58:36.600 --> 58:40.600]  Get in line and we will try to get to everybody.
[58:40.600 --> 58:49.600]  We'll be right back.
[58:49.600 --> 58:53.600]  Would you like to make more definite progress in your walk with God?
[58:53.600 --> 59:00.600]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
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[59:12.600 --> 59:17.600]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:17.600 --> 59:27.600]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ, and how to build up the church.
[59:27.600 --> 59:33.600]  To order your free New Testament recovery version and Basic Elements of the Christian Life,
[59:33.600 --> 59:40.600]  call Bibles for America toll free at 888-551-0102.
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[59:52.600 --> 01:00:03.600]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:03.600 --> 01:00:15.600]  You're listening to the Liberty Beat, your daily source for Liberty news and activist updates, online at thelibertybeats.com.
[01:00:15.600 --> 01:00:27.600]  John Bush here with your Liberty Beat for July 11, 2013. Gold opened today at $1288, silver at $20.12, and bitcoin is trading at $86.
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[01:00:40.600 --> 01:00:46.600]  And now the news. Here's an update on the arrest of Liberty activist Adam Kokesh.
[01:00:46.600 --> 01:00:51.600]  It was reported yesterday that Adam is being charged with possession of marijuana and mushrooms,
[01:00:51.600 --> 01:00:55.600]  along with having a loaded gun while in possession of the illegal drugs.
[01:00:55.600 --> 01:01:03.600]  It can be speculated that the drugs were found in the safe police spent hours trying to open during the Tuesday night raid on Kokesh's residence.
[01:01:03.600 --> 01:01:09.600]  NBC reported yesterday that Adam was refusing to come out of his cell and not participating with his captors in any way.
[01:01:09.600 --> 01:01:19.600]  Today it was posted on Adam Kokesh's Facebook fan page that Adam was brought into the courtroom in a wheelchair and refused to speak to anyone in the court.
[01:01:19.600 --> 01:01:25.600]  Free Adam protests have been organized and are currently taking place outside of Fairfax County Courthouse.
[01:01:25.600 --> 01:01:34.600]  The Liberty Beat will keep you up to date as this story unfolds.
[01:01:34.600 --> 01:01:41.600]  On Tuesday, the Brazilian newspaper O Globo revealed that NSA spying programs recently unveiled by Edward Snowden
[01:01:41.600 --> 01:01:50.600]  did not stop with spying on American citizens' communication, but also included the monitoring of Colombia, Venezuela, Brazil, and Mexico.
[01:01:50.600 --> 01:01:57.600]  Colombia's foreign ministry expressed concern that its American ally had been spying on Internet communications and called for an explanation.
[01:01:57.600 --> 01:02:06.600]  The newspaper said the programs went beyond looking into military affairs and peered into the Indian nation's commercial secrets, including oil and energy.
[01:02:06.600 --> 01:02:17.600]  This announcement comes on the heels of discoveries that French and British government agencies were also spying on their citizens' communication.
[01:02:17.600 --> 01:02:25.600]  Peter Son, best known as the founder of the Pirate Bay, is now working on a new tool designed to help privacy-concern Internet users protect their information.
[01:02:25.600 --> 01:02:31.600]  The app is known as Hamil.is, which means secret in Swedish.
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[01:03:23.600 --> 01:03:25.600]  Okay, we are back.
[01:03:25.600 --> 01:03:30.600]  Randy Kelton, Debra Stevens, Real Well Radio, and we're talking to Jeff in Mississippi.
[01:03:30.600 --> 01:03:35.600]  So Jeff, look through the criminal procedure code.
[01:03:35.600 --> 01:03:48.600]  There will be something telling the grand jury, you know, how many grand jury members, how they're seated, how they're to meet, how they're to hand in the indictments.
[01:03:48.600 --> 01:04:14.600]  In Texas, it requires that the foreman of the grand jury with a quorum of the grand jury present will read the indictments to the court and the clerk will make minutes in the records of the court.
[01:04:14.600 --> 01:04:18.600]  Each state is going to have something very specific.
[01:04:18.600 --> 01:04:28.600]  This is not something they can afford to leave open to chance because they're all a bunch of criminals.
[01:04:28.600 --> 01:04:33.600]  And the more corrupt they are, the more afraid they are.
[01:04:33.600 --> 01:04:38.600]  So they're going to have practices and procedures in place to protect themselves.
[01:04:38.600 --> 01:04:40.600]  You just need to dig them out.
[01:04:40.600 --> 01:04:45.600]  Okay, because the response letter said that there was no judge.
[01:04:45.600 --> 01:04:51.600]  And at first I asked who the court reporter was in a transcript, and it says there's no transcript.
[01:04:51.600 --> 01:04:56.600]  And so then I reiterated myself and said, well, what about the minutes?
[01:04:56.600 --> 01:04:59.600]  And I have a letter that says there's no minutes.
[01:04:59.600 --> 01:05:07.600]  So I went to a website called the University of Dayton, Ohio, which to me, I mean, you know, I guess you could take it or leave it.
[01:05:07.600 --> 01:05:19.600]  That's where I found that it said that Mississippi did adopt Rule 6 of the Federal Rules of Criminal Procedure revised in 1979,
[01:05:19.600 --> 01:05:29.600]  which required whatever state to have some type of minutes or some type of electronic transcription like a court reporter.
[01:05:29.600 --> 01:05:37.600]  Yes, see, that's going to go to testimony before the grand jury.
[01:05:37.600 --> 01:05:42.600]  The deliberations, that's the only part of it that's secret.
[01:05:42.600 --> 01:05:43.600]  Yeah.
[01:05:43.600 --> 01:05:46.600]  So it's going to be in there.
[01:05:46.600 --> 01:06:00.600]  If Mississippi adopted the American Bar Association Model Rules for Penal Code and Code of Criminal Procedure, then it's definitely going to be there.
[01:06:00.600 --> 01:06:09.600]  And most states have adopted that and then made adjustments peculiar to the state.
[01:06:09.600 --> 01:06:16.600]  Probably Louisiana didn't, they're a whole different world.
[01:06:16.600 --> 01:06:18.600]  Yeah, Napoleon and those guys.
[01:06:18.600 --> 01:06:22.600]  But I think that Mississippi has to record the minutes.
[01:06:22.600 --> 01:06:24.600]  And if they didn't, if they did not.
[01:06:24.600 --> 01:06:25.600]  No, wait, wait.
[01:06:25.600 --> 01:06:37.600]  What we're talking about minutes here, that's when the foreman, when the grand jury actually presents the indictments to the court.
[01:06:37.600 --> 01:06:39.600]  Okay.
[01:06:39.600 --> 01:06:41.600]  And just kind of understand how that works.
[01:06:41.600 --> 01:06:51.600]  That's kind of like an ordinary citizen filing a criminal complaint with a magistrate.
[01:06:51.600 --> 01:06:57.600]  But then the magistrate will hold an examining trial.
[01:06:57.600 --> 01:07:09.600]  What they're saying, what the grand jury is doing is taking the place of that magistrate for this purpose and they're holding an examining trial.
[01:07:09.600 --> 01:07:13.600]  There has to be evidence presented to the grand jury.
[01:07:13.600 --> 01:07:22.600]  And that evidence is going to have to be presented in accordance with the rules of evidence.
[01:07:22.600 --> 01:07:28.600]  The prosecuting attorney can't just go in there and do anything he wants to.
[01:07:28.600 --> 01:07:37.600]  That would create a situation to where the prosecutor could absolutely control the grand jury.
[01:07:37.600 --> 01:08:00.600]  And in Kennedy v. State, which is a Texas case, it said that the prosecuting attorney, okay, in order to avoid the obvious evils of the accumulation of power in any one office
[01:08:00.600 --> 01:08:11.600]  for the purpose of filing a criminal accusation, the prosecuting attorney is not a credible person.
[01:08:11.600 --> 01:08:20.600]  And the law that says who can file a criminal complaint, it must be a credible person.
[01:08:20.600 --> 01:08:26.600]  A credible person is defined as anyone over 18 never convicted of a felony.
[01:08:26.600 --> 01:08:36.600]  So the prosecutor is not intended to have control of the initiation of a prosecution.
[01:08:36.600 --> 01:08:51.600]  So they're going to have to have something in there limiting and specifying what the prosecutor can do because, you know, you got politicians passing these laws.
[01:08:51.600 --> 01:08:59.600]  And they're corrupt. And they know that the guy in the next seat is just as corrupt as he is.
[01:08:59.600 --> 01:09:05.600]  And that guy is likely to go to the prosecutor and get the prosecutor to crucify me.
[01:09:05.600 --> 01:09:09.600]  So I need protections. You need to find those protections.
[01:09:09.600 --> 01:09:17.600]  Okay. So I've still got some more work to do before I can just accuse them of not having a hearing.
[01:09:17.600 --> 01:09:19.600]  Yes, yes.
[01:09:19.600 --> 01:09:20.600]  Okay.
[01:09:20.600 --> 01:09:32.600]  You need to find the statute. When I do a request of this nature, like the last one I did, I was wanted to see a warrant.
[01:09:32.600 --> 01:10:01.600]  And I filed a request with the Justice of the Peace who had issued the warrant and asked for a copy of the warrant issued under 1617 and 1620 Texas Code of Criminal Procedure required to be maintained for public inspection under 1516 Texas Code of Criminal Procedure.
[01:10:01.600 --> 01:10:06.600]  Now if they got questions, go ask the legislature.
[01:10:06.600 --> 01:10:14.600]  I have a information request. When they give me a hard time, I give them my scope and content request.
[01:10:14.600 --> 01:10:30.600]  It asks for every record. I'm not asking for anything in the records. I want to know every record you keep, how you keep it, where you keep it, what medium you keep it in, how I can name those documents, who I make the request to.
[01:10:30.600 --> 01:10:35.600]  The last time somebody actually answered one, it took them all day.
[01:10:35.600 --> 01:10:40.600]  We sat there and went through all these records, the kinds of records they held all day.
[01:10:40.600 --> 01:10:45.600]  And whenever I file it, they always come back with a response.
[01:10:45.600 --> 01:11:02.600]  Well, Mr. Kalten and I read your request and I don't understand what you're asking for. And I tell them, well, go ask the legislature. They wrote the code. I just copied it into the request.
[01:11:02.600 --> 01:11:13.600]  That is the section of the Open Records Act that designates specifically what is open for public inspection. I listed the whole thing.
[01:11:13.600 --> 01:11:15.600]  Okay.
[01:11:15.600 --> 01:11:36.600]  Okay. So point is, if you make a request for grand jury records, make it with reference to the statutes that tell you, you get to see what you're asking for. And that will give you a lot less problem.
[01:11:36.600 --> 01:11:37.600]  Okay.
[01:11:37.600 --> 01:11:50.600]  That's all right. I did find a Mississippi code and it says, jurisdiction of state grand jury, petition to impanel state grand jury, impaneling state grand jury, powers and duties of impaneled.
[01:11:50.600 --> 01:12:02.600]  That's the one. You are right in the right place. Read powers and duties. And just read that whole section. Probably want to read it at least twice.
[01:12:02.600 --> 01:12:03.600]  Yeah.
[01:12:03.600 --> 01:12:08.600]  Whenever you're reading code, just read through it quickly. Don't try to understand all of it. Just read it.
[01:12:08.600 --> 01:12:13.600]  Then go back and read it again because of the way code is put together.
[01:12:13.600 --> 01:12:17.600]  The laws are passed when the laws are passed.
[01:12:17.600 --> 01:12:33.600]  And then they codify the public laws into statutes, into public statutes so they get stuck in there. Sometimes a code at the top is referring to a code at the bottom.
[01:12:33.600 --> 01:12:53.600]  So once you've kind of read through the whole thing and you go back and read it a second time and you read that statute too, when I read 211 Texas Code of Criminal Procedure and it says when a magistrate sits for the purpose of examining into a criminal accusation, that is an examining trial.
[01:12:53.600 --> 01:13:09.600]  Oh, examining trial. This is Chapter 2. That refers to Chapter 16. Now I begin to make these connections. And once you've been through it twice, you will probably know it better than any of the prosecutors do.
[01:13:09.600 --> 01:13:10.600]  All right.
[01:13:10.600 --> 01:13:13.600]  They never read it.
[01:13:13.600 --> 01:13:22.600]  So I'm going to read this, memorize it, and then rewrite the court and ask them questions on this code that I just read.
[01:13:22.600 --> 01:13:28.600]  Yes, go ask them specifically, you know, reference the code.
[01:13:28.600 --> 01:13:41.600]  When I ask for minutes of the grand jury, please provide access to the minutes of the grand jury as referenced by Article 20.22 Texas Code of Criminal Procedure.
[01:13:41.600 --> 01:13:49.600]  And I've actually had a prosecutor say, Mr. Councilman, I'm not sure what you're asking for. Well, go ask the legislature.
[01:13:49.600 --> 01:13:50.600]  Okay.
[01:13:50.600 --> 01:13:52.600]  They wrote it.
[01:13:52.600 --> 01:13:57.600]  But I only had one prosecutor ever raise a question about that.
[01:13:57.600 --> 01:14:01.600]  When I put the statute in there, I didn't get any garbage from them.
[01:14:01.600 --> 01:14:03.600]  Okay, I got it.
[01:14:03.600 --> 01:14:08.600]  Okay, well, I'll do that and call you either next week or the week after. It depends on who you're talking to.
[01:14:08.600 --> 01:14:11.600]  Wonderful. Keep us up to date.
[01:14:11.600 --> 01:14:12.600]  Okay, thank you.
[01:14:12.600 --> 01:14:14.600]  Okey doke.
[01:14:14.600 --> 01:14:18.600]  Okay, now we're going to go to Dave in Texas.
[01:14:18.600 --> 01:14:19.600]  Hello, Dave.
[01:14:19.600 --> 01:14:21.600]  Hello, Randy. Good evening.
[01:14:21.600 --> 01:14:25.600]  Have you been beaten into unconscious and thrown into jail lately?
[01:14:25.600 --> 01:14:27.600]  No, I have not.
[01:14:27.600 --> 01:14:29.600]  Well, that's good.
[01:14:29.600 --> 01:14:37.600]  In fact, I went to Denton County today to file my appeal in JP and they locked me out.
[01:14:37.600 --> 01:14:42.600]  They had a sign on their door saying they were closed for inventory.
[01:14:42.600 --> 01:14:46.600]  Unfortunately, nobody ever notified me.
[01:14:46.600 --> 01:14:51.600]  So I spent my time running up there to do this and couldn't get inside the court.
[01:14:51.600 --> 01:14:55.600]  Were you summoned to be there that day?
[01:14:55.600 --> 01:14:57.600]  No, no.
[01:14:57.600 --> 01:15:01.600]  Okay, then there's not going to be any claim you can make.
[01:15:01.600 --> 01:15:02.600]  Okay.
[01:15:02.600 --> 01:15:06.600]  If you were summoned to be there, then you could bill them for your time.
[01:15:06.600 --> 01:15:08.600]  Okay, only on summons.
[01:15:08.600 --> 01:15:19.600]  Yes, and I was saying yesterday that there was a judge in Denton County that seemed to be an honest man.
[01:15:19.600 --> 01:15:26.600]  And I went before him with my big lawsuit and he asked me.
[01:15:26.600 --> 01:15:34.600]  He said, Mr. Kelton, since you have made all these accusations against public officials in Denton County,
[01:15:34.600 --> 01:15:40.600]  I will not be offended if you move to recuse me.
[01:15:40.600 --> 01:15:50.600]  I said, with all due respect, Your Honor, I'm an older guy and I kind of feel like I've had enough time
[01:15:50.600 --> 01:15:54.600]  and experience that I'm able to take the measure of a man.
[01:15:54.600 --> 01:16:00.600]  I've taken your measure and I think I can trust you.
[01:16:00.600 --> 01:16:08.600]  And since then, I've heard nothing good except good about Judge McFarland.
[01:16:08.600 --> 01:16:10.600]  McFarland?
[01:16:10.600 --> 01:16:17.600]  McFarland. If there is an honest judge, it's going to be him.
[01:16:17.600 --> 01:16:18.600]  Okay.
[01:16:18.600 --> 01:16:27.600]  I don't think there really is an honest judge, but there are a few who actually try to be.
[01:16:27.600 --> 01:16:33.600]  Once you understand more about how corrupt the whole system is,
[01:16:33.600 --> 01:16:37.600]  it's almost impossible for a judge not to be somewhat corrupt.
[01:16:37.600 --> 01:16:43.600]  But at least some of them struggle to do the right things for the right reasons.
[01:16:43.600 --> 01:16:49.600]  He's the guy you want to go to.
[01:16:49.600 --> 01:16:50.600]  Okay, hang on.
[01:16:50.600 --> 01:16:51.600]  We're about to go to break.
[01:16:51.600 --> 01:16:54.600]  Randy Kelton, Deborah Stevens, Rule of Law Radio.
[01:16:54.600 --> 01:16:58.600]  Our call-in number is 512-646-1984.
[01:17:24.600 --> 01:17:52.600]  Beyond Taney Tangerine is available at Brave New Books located at 1904 Guadalupe Street.
[01:17:52.600 --> 01:17:55.600]  The bookstore also carries the works of Dr. Joel Wallach,
[01:17:55.600 --> 01:18:00.600]  founder of Young Jeopardy and creator of Beyond Taney Tangerine.
[01:18:00.600 --> 01:18:04.600]  At Capital Coin and Bullion, our mission is to be your preferred shopping destination
[01:18:04.600 --> 01:18:09.600]  by delivering excellent customer service and outstanding value at an affordable price.
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[01:18:13.600 --> 01:18:16.600]  In addition to providing the best prices in the nation,
[01:18:16.600 --> 01:18:20.600]  we want to bring you the best shopping experience both in-store and online.
[01:18:20.600 --> 01:18:24.600]  In addition to coins and bullion, we carry popular Young Jeopardy products
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[01:18:43.600 --> 01:18:48.600]  We're located at 7304 Burnett Road 3A, about half a mile south of Anderson.
[01:18:48.600 --> 01:18:52.600]  We're open Monday through Friday 10 to 6, Saturday 10 to 2.
[01:18:52.600 --> 01:19:19.600]  Visit us at capitalcoinandbullion.com or call 512-646-6440.
[01:19:22.600 --> 01:19:35.600]  Music
[01:19:35.600 --> 01:19:40.600]  If I can't get everything I want,
[01:19:40.600 --> 01:19:57.600]  Should I maybe get a Ranger?
[01:19:57.600 --> 01:20:02.600]  If the people of the world can get happiness and peace,
[01:20:02.600 --> 01:20:09.600]  Should I maybe get a Ranger?
[01:20:09.600 --> 01:20:14.600]  If we can't get all these crazy wars to cease,
[01:20:14.600 --> 01:20:28.600]  Should I maybe get a Ranger?
[01:20:28.600 --> 01:20:30.600]  Okay, we are back.
[01:20:30.600 --> 01:20:33.600]  Randy Kelton, Deborah Stevens, Rule of Law Radio,
[01:20:33.600 --> 01:20:37.600]  and we're talking to Dave in Texas.
[01:20:37.600 --> 01:20:39.600]  Okay.
[01:20:39.600 --> 01:20:41.600]  Where were we, Dave?
[01:20:41.600 --> 01:20:43.600]  You had answered my one question.
[01:20:43.600 --> 01:20:46.600]  I've got one more question, Randy.
[01:20:46.600 --> 01:20:54.600]  The other night you had mentioned about the archived recordings on remedies and real estate.
[01:20:54.600 --> 01:20:55.600]  Yes.
[01:20:55.600 --> 01:20:58.600]  Where can I find them? I can't find them at all.
[01:20:58.600 --> 01:21:04.600]  It should be the menu right at the top.
[01:21:04.600 --> 01:21:08.600]  I think it's the third menu over.
[01:21:08.600 --> 01:21:12.600]  I'll have to go in and look at it to be sure.
[01:21:12.600 --> 01:21:14.600]  Okay, yeah, I just couldn't find it at all.
[01:21:14.600 --> 01:21:16.600]  Okay.
[01:21:16.600 --> 01:21:19.600]  I just put it up there the other day.
[01:21:19.600 --> 01:21:20.600]  Hmm.
[01:21:20.600 --> 01:21:23.600]  I don't see it.
[01:21:23.600 --> 01:21:25.600]  Okay.
[01:21:25.600 --> 01:21:27.600]  My bad.
[01:21:27.600 --> 01:21:31.600]  I probably didn't push it up to the website.
[01:21:31.600 --> 01:21:37.600]  I use Dreamweaver, and Dreamweaver is supposed to push what I do to the website.
[01:21:37.600 --> 01:21:39.600]  Sometimes it does, sometimes it doesn't.
[01:21:39.600 --> 01:21:44.600]  I'll get that pushed up there, and if you check it tomorrow, I'll have it working.
[01:21:44.600 --> 01:21:45.600]  Greatly appreciated.
[01:21:45.600 --> 01:21:48.600]  And listen, happy belated birthday to you.
[01:21:48.600 --> 01:21:52.600]  Oh, humbug, humbug.
[01:21:52.600 --> 01:21:54.600]  I don't have those anymore.
[01:21:54.600 --> 01:21:57.600]  I've canceled them all for lack of interest.
[01:21:57.600 --> 01:22:01.600]  Jeff Sedgwick keeps calling in, and he's older than me.
[01:22:01.600 --> 01:22:05.600]  If I keep having birthdays this close together, I'm likely to catch up with him.
[01:22:05.600 --> 01:22:10.600]  Yes, I know Jeff through another website.
[01:22:10.600 --> 01:22:15.600]  Yeah, Jeff's a pretty good guy, and I do love gigging him on the air.
[01:22:15.600 --> 01:22:17.600]  Okay.
[01:22:17.600 --> 01:22:18.600]  Okay, thank you, Dave.
[01:22:18.600 --> 01:22:20.600]  Have a good evening.
[01:22:20.600 --> 01:22:21.600]  Okay, you too.
[01:22:21.600 --> 01:22:26.600]  Now we're going to go to Jeff in Texas.
[01:22:26.600 --> 01:22:33.600]  Hello, Jeff, what do you have for us today?
[01:22:33.600 --> 01:22:37.600]  Hello, Jeff.
[01:22:37.600 --> 01:22:40.600]  Okay, maybe we'll get our call screener after we screen him,
[01:22:40.600 --> 01:22:42.600]  see if maybe we've lost him or something.
[01:22:42.600 --> 01:22:47.600]  Okay, we are going to go to Johnny in Texas.
[01:22:47.600 --> 01:22:49.600]  Hello, Johnny.
[01:22:49.600 --> 01:22:50.600]  Hey, Randy.
[01:22:50.600 --> 01:22:54.600]  I understand you have some crowing to do.
[01:22:54.600 --> 01:22:59.600]  Yeah, I'm calling in because Larry Weiss does not get to be the only one who crows.
[01:22:59.600 --> 01:23:03.600]  Oh, okay.
[01:23:03.600 --> 01:23:14.600]  All right, my eviction appeal was yesterday, and it lasted literally less than 15 seconds.
[01:23:14.600 --> 01:23:22.600]  Now, there was kind of a fast-paced two or three hours leading up to it,
[01:23:22.600 --> 01:23:29.600]  but I went and filed a rather lengthy lawsuit against the party that's trying to get me evicted.
[01:23:29.600 --> 01:23:34.600]  I filed it in district court right before my eviction appeal hearing,
[01:23:34.600 --> 01:23:39.600]  and I got a temporary restraining order issued,
[01:23:39.600 --> 01:23:45.600]  and had a certified copy of it, had it in my briefcase,
[01:23:45.600 --> 01:23:52.600]  and I went over across the street to the county court where the appeal hearing was.
[01:23:52.600 --> 01:23:55.600]  Actually, let me back up a little bit because I want to address something
[01:23:55.600 --> 01:24:00.600]  we said just a few minutes ago about, you know, honest judges.
[01:24:00.600 --> 01:24:11.600]  While I was sitting, waiting to see the judge on my petition for emergency ex parte temporary restraining order,
[01:24:11.600 --> 01:24:15.600]  I watched a couple of cases that he had with some attorneys,
[01:24:15.600 --> 01:24:20.600]  and I was a little bit surprised at the way he was interacting with these attorneys.
[01:24:20.600 --> 01:24:27.600]  He is the most laid-back, approachable judge I've ever seen.
[01:24:27.600 --> 01:24:32.600]  And then the bailiff told me while I was sitting there, she said,
[01:24:32.600 --> 01:24:41.600]  when he gets your lawsuit, it's probably going to take a little while because he actually reads all documents.
[01:24:41.600 --> 01:24:45.600]  And the way she said it, it was like she was aware that there's something rare that judges don't do,
[01:24:45.600 --> 01:24:47.600]  but this one actually does. And he did.
[01:24:47.600 --> 01:24:55.600]  He called me into chambers, and I sat at his desk while he read every single page of my lawsuit.
[01:24:55.600 --> 01:24:59.600]  And, you know, it may be too early to tell, it may be a little bit premature,
[01:24:59.600 --> 01:25:03.600]  but I really think that for once I actually have a decent judge.
[01:25:03.600 --> 01:25:07.600]  And then based on the conversations that we had in chambers and all that, but anyway.
[01:25:07.600 --> 01:25:10.600]  What was this judge's name?
[01:25:10.600 --> 01:25:16.600]  Wade Birdwell.
[01:25:16.600 --> 01:25:18.600]  Birdwell?
[01:25:18.600 --> 01:25:19.600]  Yep.
[01:25:19.600 --> 01:25:24.600]  That's familiar. Was he gray-headed?
[01:25:24.600 --> 01:25:31.600]  No, he doesn't appear to be too old.
[01:25:31.600 --> 01:25:35.600]  Okay. Birdwell, not Bridwell.
[01:25:35.600 --> 01:25:41.600]  There was a Judge Bridwell in Johnson County that, you know,
[01:25:41.600 --> 01:25:45.600]  when I tell the story about when I bushwhacked the grand jury,
[01:25:45.600 --> 01:25:52.600]  and I told the judge I had criminal charges against him, his name was Bridwell.
[01:25:52.600 --> 01:25:53.600]  Yeah.
[01:25:53.600 --> 01:25:55.600]  I'm sorry. Go ahead.
[01:25:55.600 --> 01:26:01.600]  I'm familiar with that judge, too, but this guy seems really laid back and very approachable.
[01:26:01.600 --> 01:26:05.600]  And I'm, you know, he actually had me in chambers, and I sat there and watched him read everything.
[01:26:05.600 --> 01:26:09.600]  And it was a pretty big bleeding. He wasn't happy with it.
[01:26:09.600 --> 01:26:13.600]  But he did make some comments on it, and, you know, they were pretty positive.
[01:26:13.600 --> 01:26:18.600]  And he issued my restraining order.
[01:26:18.600 --> 01:26:23.600]  And then so I go across the street, and I'm sitting there waiting for the case to be called,
[01:26:23.600 --> 01:26:25.600]  and they had a full house.
[01:26:25.600 --> 01:26:35.600]  Well, actually, I was in the district court judge's office while the, you know,
[01:26:35.600 --> 01:26:39.600]  the time that I was scheduled to be across the street was coming right up on it.
[01:26:39.600 --> 01:26:41.600]  And I was telling him about it, you know.
[01:26:41.600 --> 01:26:43.600]  I said, I may have to leave and go to this thing because I don't want to default.
[01:26:43.600 --> 01:26:45.600]  And he said, I'll call the judge. You don't worry about it.
[01:26:45.600 --> 01:26:47.600]  I'll get it taken care of.
[01:26:47.600 --> 01:26:51.600]  And he made a phone call over to the appellate court and told them that, you know,
[01:26:51.600 --> 01:26:53.600]  I'm over here in his office taking care of some business,
[01:26:53.600 --> 01:26:57.600]  and they, you know, don't call my case until I get over there,
[01:26:57.600 --> 01:27:02.600]  which, you know, finding a judge to do that in and of itself is pretty rare.
[01:27:02.600 --> 01:27:08.600]  Anyway, so I go over there, uncertified copy of the TRO and my briefcase,
[01:27:08.600 --> 01:27:11.600]  and the lawyer from the other side is sitting there.
[01:27:11.600 --> 01:27:17.600]  And there were a whole bunch of lawyers in there on that particular day.
[01:27:17.600 --> 01:27:19.600]  And there were a whole bunch of people in general,
[01:27:19.600 --> 01:27:24.600]  but scattered in among them there were a bunch of little groups,
[01:27:24.600 --> 01:27:28.600]  little clusters of attorneys all sitting around talking to each other, you know.
[01:27:28.600 --> 01:27:31.600]  Like, hey, what are you here for? Oh, really, I'm here on this, Matt,
[01:27:31.600 --> 01:27:34.600]  you know, having their little attorney fellowship.
[01:27:34.600 --> 01:27:36.600]  And I was over kind of close.
[01:27:36.600 --> 01:27:42.600]  I was close enough that I could hear opposing counsel and his four buddies sitting over there.
[01:27:42.600 --> 01:27:44.600]  And they said, well, you know, they asked them.
[01:27:44.600 --> 01:27:46.600]  They were talking about going out to eat, you know,
[01:27:46.600 --> 01:27:50.600]  possibly going out to eat after all their cases were heard.
[01:27:50.600 --> 01:27:52.600]  And I asked them, they said, what are you here for?
[01:27:52.600 --> 01:27:55.600]  And he kind of looked at me with his thumb and rolled his eyes.
[01:27:55.600 --> 01:27:56.600]  He said, eviction appeal.
[01:27:56.600 --> 01:28:03.600]  He said, but, yeah, it's going to take very long, pretty much be slam dunk.
[01:28:03.600 --> 01:28:06.600]  And they're kind of laughing. He's being real arrogant.
[01:28:06.600 --> 01:28:09.600]  And I say, oh, oh, yeah, well, it's not going to be a fair fight, huh?
[01:28:09.600 --> 01:28:12.600]  And he kind of chuckled. He says, yeah, it never is.
[01:28:12.600 --> 01:28:17.600]  So eventually they get around to calling my case.
[01:28:17.600 --> 01:28:24.600]  And we go up to the bench and the attorney from the other side starts in,
[01:28:24.600 --> 01:28:26.600]  you know, this was an eviction appeal.
[01:28:26.600 --> 01:28:31.600]  And by virtue of a substitute trustee's deed,
[01:28:31.600 --> 01:28:34.600]  and you know the story you tell about when you go,
[01:28:34.600 --> 01:28:37.600]  there's certain cops that you talked with,
[01:28:37.600 --> 01:28:44.600]  and he stopped and put up both palms and took a step back?
[01:28:44.600 --> 01:28:49.600]  Is that Alicia?
[01:28:49.600 --> 01:28:50.600]  Randy.
[01:28:50.600 --> 01:28:53.600]  Okay. Say that again. I missed part of that.
[01:28:53.600 --> 01:28:58.600]  The story that you tell about a particular officer that you were talking with,
[01:28:58.600 --> 01:29:03.600]  and he stopped and took a step back and put up both palms and said, you know.
[01:29:03.600 --> 01:29:11.600]  Oh, yeah, yeah. When I accused him of being sent by the district attorney to harass me, yes.
[01:29:11.600 --> 01:29:16.600]  Right. Okay. So with the exception that he was sitting and rolled his chair back
[01:29:16.600 --> 01:29:19.600]  instead of, you know, taking a step back,
[01:29:19.600 --> 01:29:22.600]  as soon as this attorney started in with, you know, by virtue of the substitute trustee's deed,
[01:29:22.600 --> 01:29:24.600]  the judge, he did exactly that.
[01:29:24.600 --> 01:29:29.600]  He put up his palms and pushed his chair back and said, I'm not, we're not hearing this today.
[01:29:29.600 --> 01:29:31.600]  And the attorney said, how's that, Your Honor?
[01:29:31.600 --> 01:29:36.600]  And he said, and I said, oh, yeah, that sounds like we're about to go to break.
[01:29:36.600 --> 01:29:39.600]  Yeah. Okay. Hang on. We will be right back.
[01:29:39.600 --> 01:29:41.600]  I'll pick you up when we get back on the other side.
[01:29:41.600 --> 01:29:44.600]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio.
[01:29:44.600 --> 01:30:01.600]  I call it number 512-646-1984. We'll be right back.
[01:30:01.600 --> 01:30:05.600]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:30:05.600 --> 01:30:08.600]  They guarantee the specific freedoms Americans should know and protect.
[01:30:08.600 --> 01:30:10.600]  Our liberty depends on it.
[01:30:10.600 --> 01:30:16.600]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:30:16.600 --> 01:30:18.600]  Privacy is under attack.
[01:30:18.600 --> 01:30:22.600]  When you give up data about yourself, you'll never get it back again.
[01:30:22.600 --> 01:30:26.600]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:30:26.600 --> 01:30:28.600]  So protect your rights.
[01:30:28.600 --> 01:30:32.600]  Say no to surveillance and keep your information to yourself.
[01:30:32.600 --> 01:30:34.600]  Privacy, it's worth hanging on to.
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[01:30:45.600 --> 01:30:50.600]  Most of us know that taking the fifth means you're choosing to remain silent about a criminal matter.
[01:30:50.600 --> 01:30:57.600]  It's a good way to remember that the Fifth Amendment spells out what can and can't happen to you when you're accused of a criminal offense.
[01:30:57.600 --> 01:31:04.600]  The fifth guarantees due process, prohibits trying someone more than once for the same crime, and lets you keep your mouth shut.
[01:31:04.600 --> 01:31:09.600]  The founding fathers inserted these constitutional provisions to protect citizens from torture.
[01:31:09.600 --> 01:31:13.600]  Back in the day, governments often used painful methods to extract confessions.
[01:31:13.600 --> 01:31:18.600]  The Fifth Amendment also prohibits the government from taking your house and land without paying you for it.
[01:31:18.600 --> 01:31:20.600]  That used to happen a lot, too.
[01:31:20.600 --> 01:31:30.600]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[01:33:00.600 --> 01:33:13.600]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:30.600 --> 01:33:59.600]  OK, we are back.
[01:33:59.600 --> 01:34:04.600]  Welcome to Debra Stevens, Rule of Law Radio, and we're talking to Johnny in Texas.
[01:34:04.600 --> 01:34:06.600]  OK, let's back up.
[01:34:06.600 --> 01:34:09.600]  I was talking to Debra about this on the break.
[01:34:09.600 --> 01:34:13.600]  And I need to make sure we're clear here.
[01:34:13.600 --> 01:34:17.600]  This is the appeal on the eviction hearing.
[01:34:17.600 --> 01:34:30.600]  But you had filed a state civil suit against who, the lender or the purchaser of the property at foreclosure?
[01:34:30.600 --> 01:34:32.600]  The purchaser.
[01:34:32.600 --> 01:34:34.600]  Oh, perfect.
[01:34:34.600 --> 01:34:42.600]  So the lawyer who's in court, did that lawyer know that his client had been sued yet?
[01:34:42.600 --> 01:34:47.600]  No, because I just filed the lawsuit like 20 minutes before the eviction appeal.
[01:34:47.600 --> 01:34:50.600]  That's why, so the lawyer is kind of flabbergasted.
[01:34:50.600 --> 01:34:53.600]  He don't know what's going on.
[01:34:53.600 --> 01:34:58.600]  Well, he's sitting there talking to his buddies, being arrogant about this ain't going to take very long.
[01:34:58.600 --> 01:34:59.600]  It'll be a slam dunk.
[01:34:59.600 --> 01:35:02.600]  And they're laughing, oh, it's not going to be a fair fight.
[01:35:02.600 --> 01:35:07.600]  And he says, oh, yeah, it never is, you know, just being all smug about it.
[01:35:07.600 --> 01:35:14.600]  And then we get up to the bench and the county court judge knew that the restraining order had been issued
[01:35:14.600 --> 01:35:18.600]  because the other judge, the judge who issued it, called him and told him so.
[01:35:18.600 --> 01:35:23.600]  So the attorney starts in and says, Your Honor, by virtue of a substitute trustee's deed,
[01:35:23.600 --> 01:35:27.600]  and the judge put up his hands and said, hold on, Counselor, we're not hearing that today.
[01:35:27.600 --> 01:35:29.600]  And he said, how's that, Your Honor?
[01:35:29.600 --> 01:35:34.600]  And then I jumped in and I said, oh, yeah, this would probably be a good time to mention this.
[01:35:34.600 --> 01:35:41.600]  And I opened my briefcase and I pulled out the certified copy of the restraining order that was filed
[01:35:41.600 --> 01:35:43.600]  and showed it to the attorney.
[01:35:43.600 --> 01:35:48.600]  And he looked at it and it was an instant transformation.
[01:35:48.600 --> 01:35:50.600]  His face turned beet red.
[01:35:50.600 --> 01:35:52.600]  The veins in his head popped out.
[01:35:52.600 --> 01:35:55.600]  He was grinding his teeth and his jaw muscles were popping out.
[01:35:55.600 --> 01:35:56.600]  And he looked at it.
[01:35:56.600 --> 01:36:01.600]  And he looked back at me and he looked down at it some more and he did not say one word.
[01:36:01.600 --> 01:36:06.600]  And the judge says, you know, we're pretty much done here today.
[01:36:06.600 --> 01:36:12.600]  And he said, Your Honor, can we be excused?
[01:36:12.600 --> 01:36:13.600]  He said, you're excused.
[01:36:13.600 --> 01:36:14.600]  And we walked out.
[01:36:14.600 --> 01:36:18.600]  Now, he's sitting here crowing to all his buddies or being arrogant with all of his buddies
[01:36:18.600 --> 01:36:20.600]  about how it's not going to take very long.
[01:36:20.600 --> 01:36:23.600]  And literally the whole thing took less than 15 seconds.
[01:36:23.600 --> 01:36:27.600]  So I made it to points that were close behind him as we were walking out of the bar.
[01:36:27.600 --> 01:36:32.600]  And when we got in close proximity to his buddies, I looked at my watch and I said,
[01:36:32.600 --> 01:36:34.600]  well, that didn't take very long at all.
[01:36:34.600 --> 01:36:38.600]  And the head attorney stopped and turned around and just looked like,
[01:36:38.600 --> 01:36:42.600]  I can't curse on the air so I can't describe the look that he gave me.
[01:36:42.600 --> 01:36:44.600]  And there's no way to describe it without cursing.
[01:36:44.600 --> 01:36:49.600]  But he was not happy at all.
[01:36:49.600 --> 01:36:53.600]  And I'm sure that made you feel bad.
[01:36:53.600 --> 01:36:55.600]  It hurt my feelings, yeah.
[01:36:55.600 --> 01:36:59.600]  You did not laugh out loud, did you?
[01:36:59.600 --> 01:37:04.600]  Not until we got outside.
[01:37:04.600 --> 01:37:05.600]  Wonderful.
[01:37:05.600 --> 01:37:07.600]  Okay.
[01:37:07.600 --> 01:37:17.600]  In your suit against the buyer of the property, what was your primary claim?
[01:37:17.600 --> 01:37:24.600]  That they are trying to exercise control over my property and have me thrown out of my property
[01:37:24.600 --> 01:37:32.600]  based on a substitute trustee's deed that they know only exists because of a long history of fraud,
[01:37:32.600 --> 01:37:37.600]  fraudulent documents filed into the record, documents that had been perjured,
[01:37:37.600 --> 01:37:44.600]  and that they have knowledge of those facts.
[01:37:44.600 --> 01:38:00.600]  So essentially you're suing them for fraud and did you claim vicarious liability for the fraud committed by others?
[01:38:00.600 --> 01:38:08.600]  Well, I fled it and I fled all the facts related to it to show that they do have vicarious liability and imputed knowledge.
[01:38:08.600 --> 01:38:17.600]  But the suit is a traditional quiet title suit brought under the Uniform Declaratory Judgment Act.
[01:38:17.600 --> 01:38:19.600]  Wonderful, wonderful.
[01:38:19.600 --> 01:38:26.600]  And the judge did issue a restraining order based on that suit?
[01:38:26.600 --> 01:38:27.600]  Yeah, based on that suit.
[01:38:27.600 --> 01:38:29.600]  And he didn't give me any flak.
[01:38:29.600 --> 01:38:36.600]  The only thing is he required $100 bond, but he did not argue with me about it.
[01:38:36.600 --> 01:38:39.600]  He did not throw up reasons why he shouldn't issue it.
[01:38:39.600 --> 01:38:40.600]  He did not question it.
[01:38:40.600 --> 01:38:42.600]  He didn't hesitate.
[01:38:42.600 --> 01:38:50.600]  And he actually complimented me, even though in the beginning he wasn't happy because it was pretty lengthy pleading.
[01:38:50.600 --> 01:38:54.600]  But then by the end of it, he was pretty impressed with it.
[01:38:54.600 --> 01:38:58.600]  And so I used that opportunity to say, look, I know it's rather long pleading,
[01:38:58.600 --> 01:39:07.600]  but as you can see, there are some very complex issues and some very subtle issues that are very intimately intertwined.
[01:39:07.600 --> 01:39:10.600]  And so it's very difficult to articulate all that in pages.
[01:39:10.600 --> 01:39:16.600]  And he said, yeah, I can see that.
[01:39:16.600 --> 01:39:17.600]  That is interesting.
[01:39:17.600 --> 01:39:21.600]  Who was this judge?
[01:39:21.600 --> 01:39:23.600]  Birdwill.
[01:39:23.600 --> 01:39:28.600]  OK, hold on.
[01:39:28.600 --> 01:39:29.600]  I'm getting confused here.
[01:39:29.600 --> 01:39:32.600]  This is the judge that issued the restraining order?
[01:39:32.600 --> 01:39:33.600]  Yes.
[01:39:33.600 --> 01:39:35.600]  OK.
[01:39:35.600 --> 01:39:40.600]  So this wasn't the judge for the appeal hearings?
[01:39:40.600 --> 01:39:41.600]  Right.
[01:39:41.600 --> 01:39:45.600]  It was the county court judge that threw up his hand and said, we're not hearing this today.
[01:39:45.600 --> 01:39:46.600]  OK, good, good.
[01:39:46.600 --> 01:39:49.600]  That's where I was kind of missing who was who.
[01:39:49.600 --> 01:39:50.600]  Good.
[01:39:50.600 --> 01:39:51.600]  Right.
[01:39:51.600 --> 01:39:54.600]  So he was a district judge in Tarrant County?
[01:39:54.600 --> 01:39:57.600]  Yes.
[01:39:57.600 --> 01:40:03.600]  For the first time in my life, I, you know, like I said earlier, maybe premature and maybe too early to tell.
[01:40:03.600 --> 01:40:09.600]  But he he does seem like he's honest and not just because of the discussions that I had with him,
[01:40:09.600 --> 01:40:15.600]  but because of what I saw in the cases that I sat there and watched before I got to talk to him.
[01:40:15.600 --> 01:40:20.600]  And the fact that he invited me into chambers and I sat there while he read every single page,
[01:40:20.600 --> 01:40:23.600]  I watched him read it.
[01:40:23.600 --> 01:40:26.600]  That is pretty surprising.
[01:40:26.600 --> 01:40:28.600]  It was it was a very pleasant surprise.
[01:40:28.600 --> 01:40:35.600]  And even leading up to that, the bailiff had told me, she said it may take a while on yours because he does read all documents.
[01:40:35.600 --> 01:40:42.600]  And the way she said it to me was like she knew that judges commonly don't read documents,
[01:40:42.600 --> 01:40:44.600]  but the judge in this court does.
[01:40:44.600 --> 01:40:48.600]  She's kind of letting me know that, you know, this judge actually does read the document.
[01:40:48.600 --> 01:40:49.600]  This is good news.
[01:40:49.600 --> 01:40:51.600]  You actually got a good judge.
[01:40:51.600 --> 01:40:56.600]  So there's a chance you got a good shot at this one.
[01:40:56.600 --> 01:41:02.600]  Yeah. And some of the issues I raised are it's going to be hard, you know, even if he was a dishonest judge
[01:41:02.600 --> 01:41:06.600]  and he wanted to worm around and help his attorney buddies.
[01:41:06.600 --> 01:41:10.600]  You know, some of the things that I presented were, OK, you know, in this particular document,
[01:41:10.600 --> 01:41:18.600]  these attorneys executed it supposedly before a notary and they swore to all of these things under penalty of perjury.
[01:41:18.600 --> 01:41:22.600]  And I can prove that the things that they swore to are not true.
[01:41:22.600 --> 01:41:29.600]  And at the same time, I can prove from the notary ledgers that they didn't even properly execute these documents.
[01:41:29.600 --> 01:41:35.600]  So if the court were to determine that the documents were properly executed,
[01:41:35.600 --> 01:41:41.600]  then the people whose names appear on them committed aggravated perjury, tampering with governmental records,
[01:41:41.600 --> 01:41:45.600]  you know, securing execution of documents by deception.
[01:41:45.600 --> 01:41:48.600]  And if the court were to determine that they were not properly notarized,
[01:41:48.600 --> 01:41:51.600]  then they're invalid and not fit for reporting in the public record.
[01:41:51.600 --> 01:41:55.600]  So I threw a lot of issues like that so that they really, you know,
[01:41:55.600 --> 01:42:01.600]  it's kind of like the people whose names appear on these documents are going to be screwed either way.
[01:42:01.600 --> 01:42:08.600]  So, yeah, kind of like what we were talking about earlier, if the judge rules for the other side,
[01:42:08.600 --> 01:42:16.600]  then he renders a ruling that changes the law or the legal landscape as he knows it.
[01:42:16.600 --> 01:42:21.600]  Right, because he's essentially saying it's okay to perjure these instruments
[01:42:21.600 --> 01:42:27.600]  and to do fraudulent notarizations and file them into the records.
[01:42:27.600 --> 01:42:39.600]  Okay, in this action, this is just for declaratory judgment, so you didn't ask for any damages, is that right?
[01:42:39.600 --> 01:42:44.600]  Yes, you can't in the type of suit that I filed.
[01:42:44.600 --> 01:42:49.600]  They've done some changes recently to the rules of civil procedure.
[01:42:49.600 --> 01:42:55.600]  You can ask for attorney fees and damages in a trespass to try title suits,
[01:42:55.600 --> 01:43:02.600]  but they have changed the rule of civil procedure to say that the defendant in a trespass to try title suit
[01:43:02.600 --> 01:43:06.600]  has to be the person who is in possession of the property.
[01:43:06.600 --> 01:43:12.600]  So that basically means you have to have already been kicked out of your house to do trespass to try title.
[01:43:12.600 --> 01:43:15.600]  Okay, these are recent changes?
[01:43:15.600 --> 01:43:17.600]  They're recent changes, yeah.
[01:43:17.600 --> 01:43:25.600]  Because what I read was that trespass to try title was essentially the exclusive remedy,
[01:43:25.600 --> 01:43:29.600]  so apparently it's no longer the exclusive remedy.
[01:43:29.600 --> 01:43:32.600]  It only goes to a particular issue.
[01:43:32.600 --> 01:43:37.600]  Yeah, according to the rules, the defendant in trespass to try title case
[01:43:37.600 --> 01:43:40.600]  has to be the person in possession of the property.
[01:43:40.600 --> 01:43:42.600]  That's exactly what it says.
[01:43:42.600 --> 01:43:44.600]  Oh, that is an interesting change.
[01:43:44.600 --> 01:43:48.600]  I haven't seen that. Hang on. We're about to go to break.
[01:43:48.600 --> 01:43:51.600]  This is Randy Kelton, Deborah Stevens, Wheel of Life Radio.
[01:43:51.600 --> 01:43:59.600]  We'll be right back for the last segment on the other side.
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[01:46:01.600 --> 01:46:09.600]  Ok tell me about it please.
[01:46:31.600 --> 01:46:47.300]  Okay, we are back, Randy Kelton, Debra Stevens, Rue of La Radio, and we're talking to Johnny
[01:46:47.300 --> 01:46:54.940]  in Texas, and Johnny is an example of one of the things we stress.
[01:46:54.940 --> 01:47:05.120]  He does his homework that if you're going to find remedy, you can't look for remedy
[01:47:05.120 --> 01:47:07.560]  from somebody else.
[01:47:07.560 --> 01:47:12.480]  You can look for information from somebody else and suggestions from somebody else, but
[01:47:12.480 --> 01:47:21.600]  if you're going to find remedy, you have to get in there and find remedy.
[01:47:21.600 --> 01:47:31.160]  Okay, Johnny sent me a Skype and told me about what he'd done, but he would have come on
[01:47:31.160 --> 01:47:36.000]  last night, but you had been up for how many hours, John?
[01:47:36.000 --> 01:47:42.000]  Oh, okay, hold on.
[01:47:42.000 --> 01:47:47.200]  You sounded more articulate than usual, but I had you muted.
[01:47:47.200 --> 01:47:50.160]  Okay, go ahead, start again.
[01:47:50.160 --> 01:47:52.000]  I forgot to unmute you.
[01:47:52.000 --> 01:47:58.040]  I had been working on the lawsuit for the last week, getting very little sleep, but
[01:47:58.040 --> 01:48:04.160]  at the time that I stood there and filed the suit, I'd been up for more than 48 hours straight,
[01:48:04.160 --> 01:48:07.400]  and so I was concerned.
[01:48:07.400 --> 01:48:12.320]  I didn't expect the temporary restraining order to stop the appeal in its tracks like
[01:48:12.320 --> 01:48:13.320]  that.
[01:48:13.320 --> 01:48:19.920]  As a matter of fact, I had written up a motion for stay of proceedings pending the outcome
[01:48:19.920 --> 01:48:25.000]  of the lawsuit, and I threw some case law in there about how the county court does not
[01:48:25.000 --> 01:48:34.640]  have jurisdiction to adjudicate issues of title, and that when the issues of title are
[01:48:34.640 --> 01:48:44.400]  so intertwined that they must be adjudicated before right of possession can be adjudicated.
[01:48:44.400 --> 01:48:49.640]  And informed them that I filed this lawsuit in a court that actually does have jurisdiction
[01:48:49.640 --> 01:48:54.200]  to adjudicate the title issues, and so we need to have a stay of all proceedings here
[01:48:54.200 --> 01:48:57.160]  in the county court until that suit is decided.
[01:48:57.160 --> 01:49:01.520]  So I was getting ready to go in and put this motion up and argue it and everything else.
[01:49:01.520 --> 01:49:08.480]  I was not expecting that restraining order to just totally shut down the appeal process
[01:49:08.480 --> 01:49:09.480]  like that.
[01:49:09.480 --> 01:49:13.320]  I mean, everything just stopped dead in its tracks.
[01:49:13.320 --> 01:49:19.360]  And I mean, I'm not exaggerating, being quite literal when I tell you that the entire hearing
[01:49:19.360 --> 01:49:23.520]  on the eviction appeal took less than 15 seconds, and we were out of there.
[01:49:23.520 --> 01:49:27.920]  Oh, that, I would have liked to have been there and got the lawyer on tape when you
[01:49:27.920 --> 01:49:31.560]  told his buddies that didn't take long.
[01:49:31.560 --> 01:49:34.600]  I bet this lawyer will never hear the end of that.
[01:49:34.600 --> 01:49:36.480]  Well, and see, and that's the thing.
[01:49:36.480 --> 01:49:39.720]  He had just been sitting there talking about going out to eat with him after the sting
[01:49:39.720 --> 01:49:43.280]  was over, and when it was over, he didn't even look at him.
[01:49:43.280 --> 01:49:46.840]  He would not even make eye contact, but I think he just walked right past him.
[01:49:46.840 --> 01:49:53.520]  Because he knew the ribbing he was going to get, some pro se redneck.
[01:49:53.520 --> 01:49:59.040]  Oh, he knew, he knew, and I wish I could be a fly on the wall.
[01:49:59.040 --> 01:50:01.280]  I'm sure he's already been getting it.
[01:50:01.280 --> 01:50:03.280]  But you know, I didn't say it to his buddies.
[01:50:03.280 --> 01:50:08.480]  I just kind of looked at my watch and sort of, you know, out loud to myself and said,
[01:50:08.480 --> 01:50:12.360]  wow, that didn't take very long at all.
[01:50:12.360 --> 01:50:16.080]  The attorney heard that and he stopped and turned around and he, I actually, the way
[01:50:16.080 --> 01:50:21.800]  he turned around his posture, I thought he was getting ready to punch me, seriously.
[01:50:21.800 --> 01:50:24.800]  Good.
[01:50:24.800 --> 01:50:27.800]  They need that on occasion.
[01:50:27.800 --> 01:50:28.800]  It was great.
[01:50:28.800 --> 01:50:32.640]  It was a good experience.
[01:50:32.640 --> 01:50:40.040]  Just so people understand, how close have you, you know, we talked the other day and
[01:50:40.040 --> 01:50:48.040]  you were concerned that you were going to get, be given 24 hours to vacate.
[01:50:48.040 --> 01:50:55.680]  How many times have you been in this, close to this position?
[01:50:55.680 --> 01:50:58.160]  This is the third time.
[01:50:58.160 --> 01:51:02.520]  I've actually been, had a forcible entry in detainer filed against me before.
[01:51:02.520 --> 01:51:06.200]  So this is the second time that they've brought that against me.
[01:51:06.200 --> 01:51:10.680]  My house has been foreclosed and sold, this is the third time and they, before they get
[01:51:10.680 --> 01:51:15.520]  a rescission, reconvance and put the title of the property back in my name.
[01:51:15.520 --> 01:51:23.600]  And I've, you know, I'll get, there's been 12 different sale dates scheduled all together.
[01:51:23.600 --> 01:51:28.560]  And so, I mean, I've been right on the verge quite a few times now.
[01:51:28.560 --> 01:51:32.800]  And how long have you been fighting this issue?
[01:51:32.800 --> 01:51:38.040]  It's 2009.
[01:51:38.040 --> 01:51:43.720]  So we get people that are, you know, they're behind or they're getting behind and they're
[01:51:43.720 --> 01:51:49.160]  afraid they're going to be thrown out tomorrow or next week or next month.
[01:51:49.160 --> 01:51:57.560]  You're an example of how, if you're willing to fight these guys, you can hold them off
[01:51:57.560 --> 01:51:59.000]  for a long time.
[01:51:59.000 --> 01:52:04.960]  And what you're doing now with the declaratory judgment, this is the kind of thing that can
[01:52:04.960 --> 01:52:08.600]  really put these guys on the ropes.
[01:52:08.600 --> 01:52:21.440]  We had someone call us from Houston and they had been fighting foreclosure for 18 years.
[01:52:21.440 --> 01:52:27.960]  You know, most people complained about the civil courts and the primary complaint we
[01:52:27.960 --> 01:52:33.680]  always tend to get about it is the courts just take forever.
[01:52:33.680 --> 01:52:43.560]  Well, there was a news article not too long ago about a lady in Florida who has been fighting
[01:52:43.560 --> 01:52:45.800]  hers for over 30 years.
[01:52:45.800 --> 01:52:51.520]  And as far as I know, she's still in her house.
[01:52:51.520 --> 01:52:52.520]  That's the good part.
[01:52:52.520 --> 01:52:59.440]  I try to convey to people that there's always something you can do.
[01:52:59.440 --> 01:53:03.840]  And you know, we file suit, the other side files a rule 12.
[01:53:03.840 --> 01:53:07.600]  We answered the rule 12, the judge dismisses with prejudice.
[01:53:07.600 --> 01:53:13.040]  Yeah, well, that's just the first crack out of the hat.
[01:53:13.040 --> 01:53:16.840]  We ain't even good and started yet.
[01:53:16.840 --> 01:53:19.480]  So he dismisses with prejudice.
[01:53:19.480 --> 01:53:22.000]  We file a motion for reconsideration.
[01:53:22.000 --> 01:53:23.360]  He denies the motion.
[01:53:23.360 --> 01:53:27.840]  We file a notice of appeal, they deny our appeal.
[01:53:27.840 --> 01:53:33.200]  We come back and sue for something else and just run the whole thing all over again.
[01:53:33.200 --> 01:53:38.280]  After we sued them a couple of times in the feds, we go back and sue them in the state.
[01:53:38.280 --> 01:53:42.040]  We keep these guys in court till they get old.
[01:53:42.040 --> 01:53:48.600]  So well, the payment issue, technically, I haven't made any payments since mid 2008.
[01:53:48.600 --> 01:53:54.000]  And that issue came up with the district court judge when we were getting the restraining
[01:53:54.000 --> 01:53:55.000]  order.
[01:53:55.000 --> 01:53:56.240]  He said, you know, I can't do this.
[01:53:56.240 --> 01:53:57.360]  I can't zero bond this.
[01:53:57.360 --> 01:53:58.360]  You're going to have to pay a bond.
[01:53:58.360 --> 01:53:59.360]  How much can you pay?
[01:53:59.360 --> 01:54:02.280]  And I said, well, to be honest with you, I don't have a whole lot of money and definitely
[01:54:02.280 --> 01:54:04.640]  don't have any money on me right now.
[01:54:04.640 --> 01:54:08.040]  And he said, well, what are your payments?
[01:54:08.040 --> 01:54:14.760]  And I said, well, nothing, because the people who say they purchased my property, I didn't
[01:54:14.760 --> 01:54:20.760]  even know that my house had been sold until 45 days thereafter when one of their agents
[01:54:20.760 --> 01:54:25.360]  or purported agents showed up at my door wanting a copy of my lease or rental agreement.
[01:54:25.360 --> 01:54:29.320]  And I've never been in any kind of lease or rental agreement with the defendant in this
[01:54:29.320 --> 01:54:30.320]  matter.
[01:54:30.320 --> 01:54:32.240]  And he's like, well, what were you paying before?
[01:54:32.240 --> 01:54:37.240]  And you know, he really wanted to get into the payment issue.
[01:54:37.240 --> 01:54:41.520]  And I had to tell him, you know, sir, with all due respect, I don't think that's relevant
[01:54:41.520 --> 01:54:42.520]  in this case.
[01:54:42.520 --> 01:54:45.640]  And he said, well, you know, what can you pay?
[01:54:45.640 --> 01:54:46.640]  Can you pay a hundred dollars?
[01:54:46.640 --> 01:54:48.120]  And I said, I guess I can.
[01:54:48.120 --> 01:54:49.120]  And he said, okay.
[01:54:49.120 --> 01:54:50.640]  I said, I don't have the cash on me.
[01:54:50.640 --> 01:54:53.840]  And he said, all right, there's an ATM across the street, run your butt over there and come
[01:54:53.840 --> 01:54:54.840]  back with a hundred dollars.
[01:54:54.840 --> 01:54:55.840]  Okay, I'll be right back.
[01:54:55.840 --> 01:54:56.840]  Well, that's good.
[01:54:56.840 --> 01:54:57.840]  That's good.
[01:54:57.840 --> 01:55:03.000]  This is you got him down to a hundred dollars.
[01:55:03.000 --> 01:55:06.800]  I was surprised about that.
[01:55:06.800 --> 01:55:11.880]  So the real point is don't ever quit.
[01:55:11.880 --> 01:55:12.880]  Don't ever quit.
[01:55:12.880 --> 01:55:18.360]  Go after these guys, whether it's the civil or criminal in the criminal issues that we
[01:55:18.360 --> 01:55:22.800]  deal with, the ones who win and the ones who just never quit.
[01:55:22.800 --> 01:55:32.480]  I think one of my favorites was a girl here in Austin who went down to Galveston and she
[01:55:32.480 --> 01:55:41.680]  was at some resort bar and they arrested her for public intoxication.
[01:55:41.680 --> 01:55:49.480]  Eventually they roughed her up pretty good and the constable lied like a dog and several
[01:55:49.480 --> 01:55:56.080]  of her friends, once I talked to them, filed criminal charges against the constable.
[01:55:56.080 --> 01:56:03.120]  We worked over the prosecutor pretty good, but the prosecutor never backed up until they
[01:56:03.120 --> 01:56:07.760]  got to the courthouse steps.
[01:56:07.760 --> 01:56:13.200]  They were going to trial and they're telling her they're going to get either five or 10
[01:56:13.200 --> 01:56:14.200]  years.
[01:56:14.200 --> 01:56:21.280]  They accused her of assaulting a public official when it was the officials who did the assault
[01:56:21.280 --> 01:56:24.680]  and they charged her to cover up what they had done.
[01:56:24.680 --> 01:56:29.360]  I've had that happen to me a couple of times.
[01:56:29.360 --> 01:56:33.000]  She fought them right to the courthouse steps and when they got to the courthouse step,
[01:56:33.000 --> 01:56:41.000]  they offered her a deal and she told them to cram their deal and when she did that,
[01:56:41.000 --> 01:56:44.200]  they dismissed the whole thing.
[01:56:44.200 --> 01:56:47.200]  My candle, same way.
[01:56:47.200 --> 01:56:50.880]  They accused him of pointing a weapon at them.
[01:56:50.880 --> 01:56:55.180]  It was a digital recorder.
[01:56:55.180 --> 01:57:02.200]  The city of Austin put the county sheriff's department at the old courthouse up to doing
[01:57:02.200 --> 01:57:08.240]  this or at the new courthouse and they were going to force him into a deal so they could
[01:57:08.240 --> 01:57:14.400]  discredit him and he fought them right up to the courthouse steps and just before they
[01:57:14.400 --> 01:57:17.040]  went into court, they offered him a deal.
[01:57:17.040 --> 01:57:21.880]  He told them to cram it and they dismissed everything.
[01:57:21.880 --> 01:57:27.920]  So if you're innocent, if you're guilty as sin, make a deal.
[01:57:27.920 --> 01:57:32.920]  If you're not guilty, fight them.
[01:57:32.920 --> 01:57:40.160]  I've heard you talk before about how they have a 98.6 or 99% conviction rate and the
[01:57:40.160 --> 01:57:43.680]  overwhelming majority of that is people taking plea deals.
[01:57:43.680 --> 01:57:46.320]  They're taking plea deals.
[01:57:46.320 --> 01:57:53.920]  That.4% are the ones who fight them all the way up to the courthouse door.
[01:57:53.920 --> 01:58:00.440]  We had 1,600 indictments in six months in Wise County, Texas.
[01:58:00.440 --> 01:58:06.720]  One went to trial of 1,653.
[01:58:06.720 --> 01:58:07.720]  One went to trial.
[01:58:07.720 --> 01:58:08.720]  Okay.
[01:58:08.720 --> 01:58:09.720]  We are out of time.
[01:58:09.720 --> 01:58:10.980]  Thank you, John.
[01:58:10.980 --> 01:58:16.600]  This is Randy Kelton, Deborah Stevens, rule of our radio.
[01:58:16.600 --> 01:58:20.000]  Thank you for listening to our four hour info marathon.
[01:58:20.000 --> 01:58:26.640]  We will be back Monday night with Eddie Craig and Deborah Stevens on the traffic show.
[01:58:26.640 --> 01:58:29.320]  Deborah and I will be back Thursday.
[01:58:29.320 --> 01:58:30.760]  Thank you all for listening.
[01:58:30.760 --> 01:58:50.600]  Make sure you tune in and good night.
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