[00:00.000 --> 00:10.000]  Your listening to The Liberty Beat, your daily source for Liberty news and activist updates,
[00:10.000 --> 00:16.000]  online at TheLibertyBeat.com.
[00:16.000 --> 00:20.000]  John Bush here with Your Liberty Beat, Thursday, July 19, 2013.
[00:20.000 --> 00:27.000]  Gold opened today at $1289, silver at $19.40, and bitcoin is trading at $92.
[00:27.000 --> 00:30.000]  Support for The Liberty Beat comes from Sovereign Living, the show.
[00:30.000 --> 00:37.000]  Sneak peek screen of episodes 1 through 3, Saturday, July 27, from 7 to 10 p.m. at Native South Farmers Market,
[00:37.000 --> 00:40.000]  located at 10106 Manchac Road.
[00:40.000 --> 00:43.000]  Information at SovereignLiving.tv slash event.
[00:43.000 --> 00:45.000]  And now the news.
[00:45.000 --> 00:50.000]  Thursday, Texas Governor Rick Perry signed a controversial abortion bill into law.
[00:50.000 --> 00:55.000]  Beginning 90 days after the special legislative session ends, most abortions will be banned after 20 weeks.
[00:55.000 --> 01:01.000]  The bill also sets standards for abortion performed in clinics and hospitals being enacted by September 2014.
[01:01.000 --> 01:04.000]  State Senator Glenn Hager, Republican of Katy, said,
[01:04.000 --> 01:07.000]  this will literally change the lives of millions in Texas.
[01:07.000 --> 01:11.000]  Opponents of the bill continued their protests in the rotunda of the Capitol building,
[01:11.000 --> 01:19.000]  chanting, the blood of Texas women is on your hands.
[01:19.000 --> 01:23.000]  The latest in the ongoing saga surrounding journalist Michael Hastings' death
[01:23.000 --> 01:28.000]  includes new information that Hastings' body was cremated against the wishes of his family.
[01:28.000 --> 01:31.000]  According to Kimberly Dvorak of CW6 in San Diego,
[01:31.000 --> 01:35.000]  Hastings' friend and confidant, Sergeant Joe Biggs, said,
[01:35.000 --> 01:38.000]  Michael Hastings' body was returned to Vermont in an urn.
[01:38.000 --> 01:42.000]  San Diego 6 News has filed a Freedom of Information Act request for the police report,
[01:42.000 --> 01:49.000]  911 call, autopsy, bomb squad, and toxicology reports that they say continue to be ignored by the LAPD.
[01:49.000 --> 01:54.000]  Suspicions surrounding Hastings' death began to arise when it was revealed that he had sent out an email to friends
[01:54.000 --> 02:00.000]  15 hours before his car crash stating that he was on to a big story and needed to go off the radar for a bit.
[02:00.000 --> 02:04.000]  WikiLeaks also reported that Hastings had contacted them a few hours before his death
[02:04.000 --> 02:12.000]  complaining of being under investigation by the FBI.
[02:12.000 --> 02:16.000]  Citizens are planning to stage a demonstration Sunday in the River Oaks neighborhood
[02:16.000 --> 02:19.000]  in response to the Trayvon Martin shooting verdict.
[02:19.000 --> 02:22.000]  Demonstrators accused the affluent neighborhood of having a history of racial profiling.
[02:22.000 --> 02:26.000]  A Facebook page has been created to plan a counter-protest with gun owners
[02:26.000 --> 02:29.000]  with concealed handgun permits encouraged to bring their weapons.
[02:29.000 --> 02:32.000]  This has prompted Houston Police Department Chief Charles McClellan
[02:32.000 --> 02:35.000]  to warn counter-protesters not to attend and to remain peaceful.
[02:35.000 --> 02:39.000]  Trayvon Martin was shot by neighborhood watch volunteer George Zimmerman last year.
[02:39.000 --> 02:41.000]  Zimmerman was found not guilty this past Sunday.
[02:41.000 --> 02:45.000]  Protests have been taking place around the country ever since.
[02:45.000 --> 02:48.000]  Support for the Liberty Beat comes from Cabo Bob's,
[02:48.000 --> 02:51.000]  the first high-critos corn syrup free quick serve restaurant in the country
[02:51.000 --> 03:16.000]  serving Baja California-style burritos and non-GMO corn torches, mues, and chips.
[03:16.000 --> 03:33.000]  4- NOT VALUABLE
[03:46.000 --> 03:52.000]  Well, I was good for the gander, don't work for the goose
[03:54.000 --> 04:00.000]  I know some architects, I know some engineers
[04:01.000 --> 04:07.000]  They see me every day, they know something seems queer
[04:08.000 --> 04:14.000]  What's up with the blatant deception? What is the nature of what you might gain?
[04:14.000 --> 04:21.000]  I see something headed straight for you, I think it looks just like a train
[04:22.000 --> 04:29.000]  It smells like a sham of sunburn, I can see them playin' fast and loose
[04:29.000 --> 04:45.000]  Okay, we are back, Randy Kelton, Debra Stevens, Rue of La Radio, and sorry about that, I talked over the break, I didn't get my bumper music that time. Josh, we really need to move along, but...
[04:46.000 --> 04:53.000]  Okay, I don't have an issue with that, we've been on the phone for a while. Can I email you if I have any further questions? We've got plenty to go on.
[04:53.000 --> 04:59.000]  Absolutely. Email me, Randy, at rueoflauradio.com
[05:00.000 --> 05:09.000]  Okay, I've emailed you once and basically the main information of it's in the subject, I'll email you again, this public information request stuff, we can definitely start...
[05:09.000 --> 05:24.000]  Okay, if you email me, put something in the body telling me what it is, because I get people emailing me stuff all the time, and if I don't know what it is, especially if they've got a link in it, there's no way I'll open it.
[05:25.000 --> 05:32.000]  Right, yeah, it didn't have a link in it. Okay, but I've got a statement I want to make real quick.
[05:32.000 --> 05:47.000]  Okay. It's a statement that I've come up with to help me when I'm trying to talk to people and get them involved. I say, if you are unwilling to participate in the system of government that was created for us, then the government is your father.
[05:47.000 --> 06:01.000]  And that seems to work. Good one, good one, good point. Thank you, thank you. It's taken me time to develop this. I developed that from talking to a Chinese citizen that's here.
[06:01.000 --> 06:16.000]  The second one that I'll say is, if you find that something threatens liberty and do nothing, you are not an American, you are an American citizen. But I've changed that from listening to this program to you are not an American, you are a citizen of USA Incorporated.
[06:17.000 --> 06:22.000]  And that seems to get people to a decision point on am I an American or not, because this is true. So...
[06:23.000 --> 06:28.000]  You might try US LLC, because they like to limit their liabilities.
[06:28.000 --> 06:44.000]  Well, of course, yes. Yeah, I was just putting that out there for other people that are having a hard time getting people to a decision point. So I appreciate you very much. I love the Liberty Legal Liberation Radio is what I call it. So I'll email you, but thank you very much.
[06:45.000 --> 06:49.000]  Okay. Thank you and keep you. Go ahead.
[06:50.000 --> 06:52.000]  He's gone. Yeah, he said goodbye.
[06:52.000 --> 07:09.000]  Oh, that's me. I was hearing myself coming back. I'm getting feedback in somebody's mic. Okay. Thank you, Josh. Now we're going to go to, if I could see, Nicholas in Texas. Nicholas, what do you have for us?
[07:09.000 --> 07:22.000]  Nicholas, what do you have for us? Yes, I've been reading the transportation stop action script about how to legally assert your rights when you get stopped on the road.
[07:23.000 --> 07:36.000]  Because I'm on a motorcycle and not inside a caged vehicle unable to let them in. How do I do that when I'm actually being specifically touched by a police officer and trying to read the script to them?
[07:36.000 --> 07:46.000]  Okay. This is a subject better suited for Eddie Craig. On Monday nights.
[07:47.000 --> 07:54.000]  Yeah. You know, I drive an Avalanche and on the back of that Avalanche, I have a DOT number.
[07:54.000 --> 08:09.000]  And when I get stopped, the first thing I ask them is, did you see that DOT number on the back of my vehicle? And the last one said, no, I didn't see that. Well, you might want to go look at it and look it up.
[08:10.000 --> 08:21.000]  Well, I'll see about that. Well, that's all I give them. I'm not going to start to try to train a police officer on the side of the road.
[08:21.000 --> 08:32.000]  Okay. That DOT number, I am registered with the Department of Transportation as a private operator not in commerce.
[08:33.000 --> 08:49.000]  So by that number, the officer has noticed that I'm not in commerce. I am not going to try to train him because all that will get him to do is accuse me of being agitated and he'll want to do something really stupid.
[08:49.000 --> 08:51.000]  Like tase you?
[08:52.000 --> 09:08.000]  Yeah. Or beat me into unconsciousness. When the last one I got was a speeding ticket. And when I went down to the hearing, I had to be, they did it right. Be here on this day at this time. So I was there on that day at the time.
[09:08.000 --> 09:22.000]  They called my name and I walked up to the bench and I said, Judge Headman. I remember a Judge Headman in ASL, but I don't remember him having that much gray hair.
[09:22.000 --> 09:41.000]  He looked at me and he said, yes, Mr. Kelton. And I don't remember you being caught so fat. I said, douche. And I said, Lord, Your Honor, I have some documents for you. I'm getting your feedback in a mic.
[09:41.000 --> 09:58.000]  I said, I have some documents for you. And I handed him a criminal complaint against the arresting officer. And the judge looked at it and he said, Mr. Kelton, why am I not surprised?
[09:58.000 --> 10:21.000]  And it had been 10 years since I'd done it to him last time. But the complaint was, is that the officer exerted or purported to exert an authority he did not have because the officer had public notice by way of a DOT number prominently displayed on the back of my vehicle that gave him notice that I was not in commerce.
[10:21.000 --> 10:36.000]  That's how I tend to do it. Now, Eddie does it somewhat different, but Eddie's the real expert on this subject. So he'd probably be able to address that better than me.
[10:37.000 --> 10:42.000]  I'm unsure about the DOT and how that actually applies to most people.
[10:43.000 --> 10:46.000]  Okay. I'll explain how it applies.
[10:46.000 --> 11:04.000]  Well, Randy, before you do, I think the issue regarding the motorcycle versus the caged in car or truck, the statutes you're being charged under, it doesn't matter whether you're on a motorcycle or whether you're in a car or a pickup.
[11:05.000 --> 11:07.000]  The statutes apply equally.
[11:08.000 --> 11:10.000]  Well, the problem is you can't roll the window up.
[11:10.000 --> 11:16.000]  Right? Yeah. I mean, I'm going to be reading off a piece of paper or I'm going to try to do my best while memorizing it.
[11:17.000 --> 11:32.000]  But they can say, get out of the car and the person can be repeating what it says on the paper, but they can't really pull her out because the person probably locked or rolled up to a point where it's a different story.
[11:33.000 --> 11:35.000]  I'm just going to have to do my best.
[11:35.000 --> 11:41.000]  Yeah. Well, what I would suggest is you hold up the piece of paper and say, here, read this.
[11:42.000 --> 11:42.000]  There you go.
[11:43.000 --> 11:44.000]  And he's going to say, I'm not going to read that.
[11:45.000 --> 11:49.000]  Well, that's okay. I just needed to ask you to just so I got that base covered.
[11:50.000 --> 11:51.000]  Is your body mic on?
[11:52.000 --> 11:54.000]  Oh, yeah. That's a great one.
[11:55.000 --> 11:58.000]  Do you have your, do you have a recording device on your person?
[11:58.000 --> 12:04.000]  And he'll, huh? You know, you guys all carry recording devices.
[12:05.000 --> 12:08.000]  If you do not have it on, please turn it on.
[12:09.000 --> 12:12.000]  And that'll always put them out, pattern interruption.
[12:13.000 --> 12:16.000]  Ask them some stuff they don't expect you to.
[12:17.000 --> 12:22.000]  But, you know, these policemen out here on the street, they're dangerous.
[12:22.000 --> 12:27.000]  You know, most of them are great. They're just fine, ordinary people like everybody else.
[12:28.000 --> 12:33.000]  But a few of them are policemen for reasons that should keep them from being policemen.
[12:34.000 --> 12:42.000]  And confronting a policeman can get you more fights than you want to have.
[12:43.000 --> 12:46.000]  So I tend not to confront them.
[12:47.000 --> 12:49.000]  I ask them pointed questions.
[12:49.000 --> 12:52.000]  And you do better with pointed questions.
[12:53.000 --> 12:56.000]  You know, if I was going to give somebody this information,
[12:57.000 --> 13:01.000]  then I would hold it up and I'd say, here, I need you to read this before you annoy me.
[13:02.000 --> 13:04.000]  And he'll say, I'm not going to read that.
[13:05.000 --> 13:06.000]  I said, that's okay.
[13:07.000 --> 13:11.000]  I just had to touch the base. I had to ask and you had to refuse.
[13:11.000 --> 13:18.000]  So then if he asks me if I have a license, I'll tell him, yeah, I do.
[13:19.000 --> 13:22.000]  And he'll want to see it. And I'll give him my Texas ID card.
[13:23.000 --> 13:25.000]  Do you have a Texas ID card?
[13:26.000 --> 13:28.000]  Yeah, I got a license.
[13:29.000 --> 13:30.000]  Do you have a license?
[13:31.000 --> 13:34.000]  Not a license, an ID card. They're similar, but not the same.
[13:35.000 --> 13:37.000]  You go to the same place.
[13:37.000 --> 13:41.000]  I might have one that's still valid, yes, but it doesn't have motorcycle on it.
[13:42.000 --> 13:44.000]  No, no, no. It's just one ID.
[13:45.000 --> 13:46.000]  Not a driver's license.
[13:47.000 --> 13:50.000]  When I got my driver's license, I gave them an extra 10 bucks.
[13:51.000 --> 13:53.000]  And they've made me a Texas ID card.
[13:54.000 --> 14:02.000]  It looks exactly like the driver's license, except instead of DL, it has ID.
[14:03.000 --> 14:04.000]  Okay.
[14:04.000 --> 14:10.000]  I give it to a cop in Austin. He goes back, he comes back, well, Mr. Kelvin, this is a Texas ID card.
[14:11.000 --> 14:12.000]  I said, yes, it is.
[14:13.000 --> 14:14.000]  Do you have a driver's license?
[14:15.000 --> 14:18.000]  And I got this from Jerry Lochte in San Antonio.
[14:19.000 --> 14:21.000]  I said, he asked me if I had a driver's license.
[14:22.000 --> 14:26.000]  I said, yes, I do, but I'm not using it right now.
[14:26.000 --> 14:33.000]  The cop stepped back and looked at me and he said, Mr. Kelvin, are you one of those guys?
[14:34.000 --> 14:36.000]  I said, yes, I am here. Have a nice day.
[14:37.000 --> 14:40.000]  He had seen the fight before and he didn't want to go there.
[14:41.000 --> 14:43.000]  But you can try that.
[14:44.000 --> 14:50.000]  And what about if it says to record yourself at all times, just to be safe?
[14:51.000 --> 14:52.000]  To recorders.
[14:52.000 --> 14:58.000]  Your cell phone can record and be locked so they can't touch the recording unless they break or undo my phone.
[14:59.000 --> 15:16.000]  If you're using a smartphone, there are apps available for a lot of smartphone technology that will allow you to upload a live feed to like YouTube or something of that nature.
[15:16.000 --> 15:22.000]  Look up the app QIK.
[15:23.000 --> 15:25.000]  It's a free app.
[15:26.000 --> 15:29.000]  You turn that on, record them and it streams it to the Internet.
[15:30.000 --> 15:34.000]  That way, if they take your phone or your recording device away, that's okay.
[15:35.000 --> 15:39.000]  It's in a medium that is beyond their touch.
[15:40.000 --> 15:44.000]  But carry two recording devices, hold one up so they can see it.
[15:44.000 --> 15:47.000]  If they ask you to turn it off, sure, turn it off.
[15:48.000 --> 15:51.000]  Don't tell them about the other one.
[15:52.000 --> 15:57.000]  Do not say, like I did to my county sheriff, well, sheriff, you know, I'm an old combat veteran.
[15:58.000 --> 16:00.000]  I only got one ear drum left and it don't work very good.
[16:01.000 --> 16:07.000]  Will you look and speak clearly into my pen, please?
[16:07.000 --> 16:14.000]  I didn't even have the pen at the time, but I did have two other recording devices that he couldn't see.
[16:15.000 --> 16:18.000]  Carry two.
[16:19.000 --> 16:21.000]  Let them see one, don't let them see the other.
[16:22.000 --> 16:33.000]  When they ask you to turn that one off, agree to turn it off, they will then say stupid stuff they ordinarily wouldn't say because now they're certain they're not being recorded.
[16:33.000 --> 16:36.000]  They never think to ask for that second one.
[16:37.000 --> 16:47.000]  We had a guy from New York play the recording of the police officers trying to figure out how to erase the recording on the first device.
[16:48.000 --> 16:52.000]  Now that one got dropped real fast.
[16:52.000 --> 17:02.000]  Anyway, okay, but I don't advocate.
[17:22.000 --> 17:24.000]  I think I love you.
[17:25.000 --> 17:28.000]  But I want to know for sure.
[17:29.000 --> 17:32.000]  So come on, neutralize me.
[17:34.000 --> 17:36.000]  I love you.
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[17:45.000 --> 17:48.000]  My missus lost so much weight by taking Tangy Tangerine.
[17:48.000 --> 17:54.000]  She eventually disappeared, which will probably let me live an extra 15 years.
[17:55.000 --> 17:59.000]  Go to LogosRadioNetwork.com and click the Ungevity banner.
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[19:11.000 --> 19:17.000]  Well, don't let nothing get to you. Only the Father can deliver you.
[19:18.000 --> 19:23.000]  Don't let bad-minded people hurt you. Until Satan gets behind you.
[19:23.000 --> 19:29.000]  You know what I mean, my friend, Nala Jackson. Come on.
[19:53.000 --> 19:58.000]  The King, man, he's everything. He's everything to me. That's why I call him.
[19:59.000 --> 20:04.000]  I tap my knee and I pray to him. Because he's the only one who could answer him.
[20:05.000 --> 20:10.000]  There's no business with what the King, man, is saying. Mankind, you know, is just leading.
[20:10.000 --> 20:22.000]  Trust in God, my friend. Tell him you're probably insane. How I miss him once again. Remember how good you were, babe.
[20:23.000 --> 20:27.000]  Trust in God, my friend. Tell him you're probably insane.
[20:28.000 --> 20:31.000]  Okay, we are back. Randy Kelton, Debbie Stevens, Rule Of Law Radio.
[20:31.000 --> 20:45.000]  Nicholas, we do need to move along, but I don't advocate starting an altercation with a policeman on the street because these guys will lie like dogs.
[20:46.000 --> 20:55.000]  I think they take courses in testifying. I let them do whatever they're going to do and I take my fight to the court.
[20:55.000 --> 21:00.000]  You'll have more effect there anyway. You're not going to keep the policeman from writing your ticket.
[21:01.000 --> 21:05.000]  He has an ulterior motive and he don't care if you're guilty or innocent. He don't care about any of that.
[21:06.000 --> 21:09.000]  He needs to show his boss he's written a certain number of tickets.
[21:10.000 --> 21:20.000]  Then he needs every once in a while to write a ticket to the pro se from hell and take that to the judge, take it to the chief of police.
[21:20.000 --> 21:28.000]  These guys you can raise issues with on the street there. Settle them with ideas. My opinion.
[21:29.000 --> 21:38.000]  Well, I mean, I'm not going to try to tell him, hey, I want to start something with you. I'm just going to calmly do it so that my rights are protected.
[21:38.000 --> 21:51.000]  Just be cautious. These guys, anytime you don't do exactly what they say, how they say, when they say, they take that as an aggressive act.
[21:52.000 --> 22:02.000]  Yeah, and until you get your pitch down pat or get that script memorized, absolutely put it in front of their face and have them go back to the car and read it.
[22:02.000 --> 22:08.000]  Yeah, I'm going to have to make a copy, a laminated copy for my wall. I have two of those. I only have one.
[22:09.000 --> 22:19.000]  Okay, we do need to move along. But call Eddie. He, you know, this is his area.
[22:20.000 --> 22:23.000]  And you said that was on Monday?
[22:24.000 --> 22:26.000]  Yes, on Monday night at eight o'clock.
[22:27.000 --> 22:29.000]  I won't do so. Thank you.
[22:29.000 --> 22:35.000]  Okay. Thank you, Nicholas. Okay, now we're going to go to JP in TX.
[22:36.000 --> 22:39.000]  Hello, Randy.
[22:40.000 --> 22:41.000]  Hello, JP.
[22:42.000 --> 22:43.000]  Hello. How are you?
[22:44.000 --> 22:46.000]  We're good. What do you have for us?
[22:47.000 --> 22:53.000]  Well, I have a quintessential traffic case. I'm dealing with legal mafia down here in Galveston County.
[22:53.000 --> 22:58.000]  I've heard you throw some of the names out there. I'm sure you've dealt with some of these guys.
[22:59.000 --> 23:05.000]  I don't really know where to start if I should start with the next step in these.
[23:06.000 --> 23:16.000]  Okay, place to start is the Monday night show. And you might want to, you know, talk, call into the Monday night show and listen to Eddie.
[23:16.000 --> 23:26.000]  Eddie has a package that he makes available. Get that package. It'll tell you a lot of cool stuff you may not know.
[23:27.000 --> 23:39.000]  I just talked to a prosecutor the other day and told her that the Department of Public Safety in Texas is forbidden to enforce the criminal laws
[23:39.000 --> 23:46.000]  except at the request of and under the supervision of local law enforcement.
[23:47.000 --> 24:02.000]  They are nothing but traffic cops. And in order for a policeman to enforce the traffic code, there are certain requirements that he must meet
[24:03.000 --> 24:07.000]  for the Department of Public Safety in order for him to act as a policeman.
[24:07.000 --> 24:22.000]  A policeman as opposed to a peace officer. In Texas, a peace officer is someone who is licensed to enforce the criminal laws.
[24:23.000 --> 24:32.000]  A police officer is a traffic cop authorized to enforce the traffic code.
[24:32.000 --> 24:39.000]  Well, they don't have a crime. They have a defendant in there because there's no criminal case to plead into.
[24:40.000 --> 24:47.000]  I wasn't engaged in transportation. I let this disingenuous individual in a costume know this and he pulled me over.
[24:48.000 --> 24:52.000]  He asked me why I didn't have registration. I told him I don't require this for, you know, 502.03.
[24:53.000 --> 24:57.000]  And he was also very curious why I didn't have a driver's license, which I do. I just didn't present it.
[24:57.000 --> 25:03.000]  And I like the approach of getting an ID, but I gave him my ID, which is notarized with credible and reliable information.
[25:04.000 --> 25:13.000]  So this has been continuing on for the past seven months now. This happened on New Year's Day, but here's where I'm at now.
[25:14.000 --> 25:18.000]  They pulled a fast one on me and they changed my court date. I got into town and didn't check my P.O. box.
[25:19.000 --> 25:22.000]  I missed it, so I went to court for a two o'clock hearing.
[25:22.000 --> 25:29.000]  I'm there 20, 30 minutes early. They rushed me out of the courthouse and they arrest me for failure to appear, but they changed it.
[25:30.000 --> 25:35.000]  Whoa, hold on. They arrested you for failure to appear when you were in the courtroom?
[25:36.000 --> 25:37.000]  Yes, sir.
[25:37.000 --> 25:54.000]  Read the warrant. The warrant will say to any police officer, you are to arrest this person and bring him before me.
[25:54.000 --> 26:14.000]  It does not say take him to jail, so you are in the judge's court to come before the judge and they arrest you and take you from the court to the jail. That's false imprisonment.
[26:14.000 --> 26:28.000]  Yeah. There's no examining hearing. They got no subject matter jurisdiction over the original matter. The prosecutor doesn't represent the state. He can't call for that summons.
[26:29.000 --> 26:37.000]  The court is still office holding the judge. He's impersonating a public official because his oath is eight years out of date.
[26:38.000 --> 26:41.000]  No, no, no, they don't go out of date.
[26:41.000 --> 26:51.000]  If he's taken an oath and he has continuously been a judge, then he doesn't have to take another one.
[26:52.000 --> 26:53.000]  It's good as long as he's on the bench.
[26:54.000 --> 27:04.000]  Well, that's not what the Texas Constitution says. It says that it shall be reaffirmed every two years and I can cite that.
[27:05.000 --> 27:07.000]  Okay, that is not a fight you're going to win.
[27:08.000 --> 27:09.000]  Yeah, I know that.
[27:09.000 --> 27:12.000]  Yeah, and we pick our fights real careful.
[27:13.000 --> 27:15.000]  There is an argument there, though.
[27:16.000 --> 27:16.000]  Yes, there is.
[27:17.000 --> 27:29.000]  You can ask the judge, well, okay. If the judge says we're not beholden to the United States Constitution, well, okay, great. Are you beholden to the Texas Constitution? Well, yes, we are.
[27:29.000 --> 27:50.000]  I cannot give you the cite offhand, but I do know that there's a section there that in the Texas Constitution that clearly, clearly states that Texas was created a free state subject only to the United States Constitution.
[27:51.000 --> 27:55.000]  So now, Your Honor, you want to rethink that?
[27:55.000 --> 28:04.000]  Right. Well, right here in Article 16, Section 30, it says the duration of all offices not fixed by this Constitution shall never exceed two years.
[28:05.000 --> 28:08.000]  Say that again.
[28:09.000 --> 28:17.000]  Okay, Article 16, Section 30 says the duration of all offices not fixed by this Constitution shall never exceed two years.
[28:18.000 --> 28:18.000]  Okay.
[28:18.000 --> 28:25.000]  So as far as my interpretation goes, his office not fixed by that Constitution shall never exceed two years.
[28:26.000 --> 28:45.000]  He simply has to be reappointed, but the courts have ruled that if he's continuously in office, if he's reappointed every two years, then he doesn't have to swear to the oath again each time he's reappointed.
[28:45.000 --> 28:53.000]  If there's a gap between, then he's brought back, then he has to re-swear, and that's not unreasonable.
[28:54.000 --> 28:59.000]  By the way, what this reads, I mean, I understood it totally different, but anyway, that was just like one other.
[28:59.000 --> 29:21.000]  It does not say that he must take an oath every two years. If it said that, we could probably win that argument, but the problem with those kinds of arguments, there are some really relevant arguments you can bring that will be much harder for them to get around.
[29:21.000 --> 29:30.000]  And go to the administrative code. Have you talked to Eddie on the Monday night show?
[29:31.000 --> 29:35.000]  I've never even called into a radio show before, but I have been listening to you.
[29:36.000 --> 29:40.000]  Okay, Monday night, Eddie does strictly traffic.
[29:40.000 --> 29:59.000]  Okay. Well, this is more of a civil matter now because I'm not really worried so much about the trial on the original cause numbers. I'm more worried about my trial for the failure to appear.
[29:59.000 --> 30:10.000]  The Bill of Rights contains the first ten amendments of our Constitution. They guarantee the specific freedoms Americans should know and protect. Our liberty depends on it.
[30:11.000 --> 30:16.000]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
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[30:32.000 --> 30:45.000]  Privacy, it's worth hanging onto. This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[30:46.000 --> 30:55.000]  We're coming down the Bill of Rights homestretch, eight down and just two more amendments to go. This is likely the time when our founding fathers ask themselves, did we leave something out?
[30:55.000 --> 31:04.000]  So just in case they forgot to guarantee an important freedom, they decided to add a catch-all ninth amendment to prevent the government from taking advantage of any oversight.
[31:05.000 --> 31:17.000]  I like to remember the ninth amendment as the just in case we left something out amendment. In a nutshell, the ninth amendment makes it clear that just because a right isn't spelled out in the Constitution or one of its amendments doesn't mean you don't have that right.
[31:17.000 --> 31:25.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:48.000 --> 32:00.000]  I'm not a conspiracy theorist. I'm a structural engineer. I'm a New York City correctional. I'm an Air Force pilot. I'm a father who lost his son. We're Americans and we deserve the truth. Go to RememberBuilding7.org today.
[32:00.000 --> 32:19.000]  You feel tired when talking about important topics like money and politics? Are you confused by words like the Constitution or the Federal Reserve? If so, you may be diagnosed with the deadliest disease known today, stupidity. Hi, my name is Steve Holt and like millions of other Americans, I was diagnosed with stupidity at an early age.
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[33:00.000 --> 33:23.000]  Live free speech radio, logosradionetwork.com.
[33:30.000 --> 33:48.000]  I won't, I won't, I won't let you pull the wool over my eyes
[33:48.000 --> 34:08.000]  They must refuse your news, also I've been lied. It seems you like to spare, but please take some words to the wise. Stop trying to pull the wool over my eyes.
[34:08.000 --> 34:26.000]  Okay, we are back, Randy Kelton, Deborah Stevens, Wheel of Law Radio, and we're talking to JP in Texas. Yeah, JP, Monday night show, that's what Eddie does. All he does is traffic. And he can help you there. We can help you with how to go after these guys.
[34:26.000 --> 34:51.000]  If you're not concerned, okay, the failure to appear, they will drop that once you go after them because technically, and he talked to Eddie about this, technically, the judge does not have the power to file the failure to appear because it concerns imprisonment.
[34:51.000 --> 34:57.000]  And a municipal court judge doesn't have authority over that.
[34:57.000 --> 35:24.000]  Well, he doesn't have authority to issue a warrant for a capious warrant for a class C misdemeanor anyway, according to Penal Code 3810E. It says if it's a misdemeanor, punishable by fine only, then, well, 3810E, I can't stop at the top of my head, but it does say if it's a class C misdemeanor, punishable by fine only, they can issue a capious warrant for a class C misdemeanor, and that offense in itself is punishable by fine only.
[35:24.000 --> 35:27.000]  So anyway, I told them about 3810E.
[35:28.000 --> 35:41.000]  Okay. No, they don't issue the warrant over the fine only. They issue the warrant for the allegation of failure to appear as a separate allegation, but this judge has no jurisdiction over that.
[35:42.000 --> 35:42.000]  Right.
[35:43.000 --> 35:44.000]  They do it anyway.
[35:45.000 --> 35:45.000]  He comes in.
[35:46.000 --> 35:47.000]  And we need to beat them up for it.
[35:47.000 --> 35:57.000]  And I do. And I'm going to have to file criminal complaints on these guys or file civil suit for them to even respond to anything I've filed in the past seven months.
[35:58.000 --> 36:04.000]  Okay. One thing that will be very helpful are judicial conduct complaints and bar grievances.
[36:05.000 --> 36:05.000]  Right.
[36:05.000 --> 36:24.000]  Municipal and JP judges, they think that the State Commission on Judicial Conduct never takes action against higher level judges and uses JP's and municipal judges as cannon fodder to make it look like they're doing something.
[36:25.000 --> 36:26.000]  And that is true.
[36:27.000 --> 36:29.000]  That's exactly what they do.
[36:30.000 --> 36:33.000]  So these municipal and JP judges are terrified of the commission.
[36:33.000 --> 36:47.000]  Well, I've already filed a motion to disqualify the judge, not only based on the date where we have some, you know, might not see eye to eye there, but also it's the wrong form and it's not notarized.
[36:48.000 --> 36:49.000]  This guy's impersonating an officer.
[36:50.000 --> 36:51.000]  I mean...
[36:52.000 --> 36:55.000]  Did the judge disqualify himself?
[36:56.000 --> 36:57.000]  No.
[36:58.000 --> 37:00.000]  I'm sorry. I should have said recuse himself.
[37:01.000 --> 37:01.000]  Right.
[37:01.000 --> 37:06.000]  Did he forward the motion to the head administrative judge of the district?
[37:07.000 --> 37:11.000]  I don't think so, and I haven't gotten any kind of response whatsoever back on any of those.
[37:12.000 --> 37:15.000]  I've put in some pretty decent paperwork, but they've ignored it all.
[37:16.000 --> 37:25.000]  And not only that, but they ignored my form of discovery, which is my Public Information Act request, and I asked that smiley face Clark Askins if he's ever going to answer that thing.
[37:25.000 --> 37:31.000]  And he said, hmm, no. Well, buddy, you're withholding information. You're committing a Brady violation right there.
[37:32.000 --> 37:43.000]  Okay. Next time you go to court, ask him about that, and if he says no, take out your phone, 9-9-1-1.
[37:44.000 --> 37:47.000]  I have to. I mean, that or...
[37:47.000 --> 37:57.000]  You have not lived until you've done that. You get this cop down there, and you're asking him to arrest somebody he's terrified of.
[37:58.000 --> 38:01.000]  You'll get to see the classic kicking dance.
[38:02.000 --> 38:08.000]  That's where he starts shifting from one foot to the other and kind of bobbing back and forth.
[38:08.000 --> 38:20.000]  Well, sir, I really can't do that, blah, blah, blah. You say, well, you know, life is filled with little decisions. We all get to make some.
[38:21.000 --> 38:28.000]  Are you going to perform your duty in accordance with 213 Code of Criminal Procedure?
[38:29.000 --> 38:34.000]  Or are you going to shield this person from prosecution and violation of 3805 Penal Code?
[38:35.000 --> 38:36.000]  It's your call.
[38:36.000 --> 38:43.000]  They move. They try to yank it out from under me, and they won't allow court in their courtroom. That's what the problem is.
[38:44.000 --> 38:49.000]  It's not a courtroom. It's a recreation center. He's presiding at a picnic table. I'm looking down on him. I see his paperwork.
[38:50.000 --> 38:58.000]  The fact of the matter is, I've already lost train of thought on that, but I'm showing up for a trial, and I didn't agree to a trial.
[38:59.000 --> 39:03.000]  I rescind my signature on the first trial because it was under threat. I'm there making a special appearance.
[39:03.000 --> 39:06.000]  I'm a defendant in there, and there's no crime to defend.
[39:07.000 --> 39:14.000]  But they want Amy for this lawyer to appear over something they don't have matter jurisdiction on to begin with.
[39:15.000 --> 39:19.000]  Okay. Have you filed criminally against the judge for doing that?
[39:20.000 --> 39:24.000]  I have not, and I want to. I just don't know how to do it properly yet.
[39:25.000 --> 39:28.000]  39.03 Penal Code.
[39:29.000 --> 39:30.000]  Okay. 39.03.
[39:30.000 --> 39:42.000]  If a public official acts under color, meaning pretense of his official authority, exerts or purports to exert an authority he does not expressly have, or
[39:43.000 --> 39:55.000]  fails to perform a duty he is required to perform, and in the process denies a citizen in the full and free access to or enjoyment of a right that's a Class A misdemeanor in Texas.
[39:56.000 --> 39:57.000]  Right.
[39:57.000 --> 40:07.000]  And while a police officer, when he's made known that a crime's been committed, has no duty to protect you, but he does have a duty to enforce law.
[40:08.000 --> 40:18.000]  So you get the, you know, I like to call the 911, just right there, because then you get a recording of the call.
[40:18.000 --> 40:32.000]  So now you become the victim, the other one becomes the perpetrator, and you got the police here that you're asking to arrest a judge or something which he's terrified of.
[40:33.000 --> 40:37.000]  And then when he doesn't, then you call the police on the policeman.
[40:38.000 --> 40:40.000]  What are they going to do?
[40:40.000 --> 40:52.000]  They do anything to you, it becomes felony retaliation, felony tampering with a witness, 36-05-3606. Penal code.
[40:53.000 --> 40:55.000]  He also proceeded to enter a plea on my behalf.
[40:56.000 --> 40:57.000]  Wait, say that again.
[40:58.000 --> 41:00.000]  He also proceeded to enter a plea on my behalf.
[41:01.000 --> 41:02.000]  He can do that.
[41:03.000 --> 41:04.000]  Oh, he can do that.
[41:04.000 --> 41:13.000]  Yeah, they could do that. That is not considered your plea, so it does not jeopardize you or compromise you in any way.
[41:14.000 --> 41:18.000]  That's just a technical action so that the court can move ahead.
[41:19.000 --> 41:22.000]  They can only do that if you're present.
[41:23.000 --> 41:25.000]  But I don't consider it.
[41:26.000 --> 41:30.000]  If you're not present, if you don't ever show up, they can't enter the plea.
[41:30.000 --> 41:33.000]  But once you show up, if you don't give them a plea, they can't.
[41:34.000 --> 41:47.000]  The problem is, when you signed the citation, you agreed to appear before some magistrate, not before a judge.
[41:48.000 --> 41:57.000]  The court does not have subject matter jurisdiction until such time as an examining trial is held under Chapter 16.
[41:57.000 --> 42:06.000]  And a termination of probable cause made an order issued under 1617 and a warrant issued under 1620.
[42:07.000 --> 42:18.000]  And it is the warrant transferred to the clerk of the court of jurisdiction that bestows jurisdiction on the court.
[42:19.000 --> 42:23.000]  Without it, the court has no jurisdiction.
[42:23.000 --> 42:27.000]  So they have to have an examining trial where they just bypass that part.
[42:28.000 --> 42:32.000]  Well, they did. And also they don't have jurisdiction because 1203 and 1223 said no.
[42:33.000 --> 42:39.000]  Texas Government Code 414 and penal code 29003 says they have jurisdiction in criminal cases.
[42:40.000 --> 42:44.000]  Well, show me the crime, because there's a difference between an offense and a crime.
[42:45.000 --> 42:49.000]  71001 defines crime as an arrestable misdemeanor or felony.
[42:49.000 --> 42:53.000]  Well, 1203 said class D misdemeanors are not arrestable. They're final.
[42:54.000 --> 42:58.000]  Okay, wait a minute. Where is that at? What code is that here?
[42:59.000 --> 43:03.000]  1203, 1223, penal code, and also 3810E.
[43:04.000 --> 43:06.000]  Wait a minute, the last one I missed.
[43:07.000 --> 43:15.000]  3810, subsection of paragraph E. And that is Bell jumping a failure to appear. And that says...
[43:15.000 --> 43:29.000]  Oh, okay. Okay, you can't take a definition out of a specific statute and apply it globally across the code.
[43:30.000 --> 43:32.000]  Seconds, Randy.
[43:33.000 --> 43:41.000]  Okay, hang on. No, not because it's in reference to that specific code.
[43:41.000 --> 43:46.000]  You can't bring it out of that code and generally apply it to everything. That's a common problem that we have.
[43:47.000 --> 43:51.000]  Hang on, we're about to go to break. This is Randy Kelton, Deborah Stevens, Wheel of Law Radio.
[43:52.000 --> 43:56.000]  Our call in number 512-646-1984. We'll be right back.
[44:01.000 --> 44:07.000]  Mr. President, members of Congress, you've been making a lot of noise about taking our guns away.
[44:07.000 --> 44:13.000]  But you might want to review history. 1835, Gonzales, Texas Territory.
[44:14.000 --> 44:18.000]  The authorities wanted to confiscate the big gun that protected that colony.
[44:19.000 --> 44:22.000]  You know what the people said? Come and take it.
[44:23.000 --> 44:29.000]  Because they were willing to fight for their freedom and their guns. So are we.
[44:29.000 --> 44:36.000]  Come and take it, if you want it. Come and take it, if you think you can.
[44:37.000 --> 44:42.000]  Come and take it, but I warn you, you'll have to fight it from a colded hands.
[44:43.000 --> 44:48.000]  We want the freedom that God gave us, so you best not cross that line.
[44:49.000 --> 44:53.000]  If you want this gun, you gotta come through us and take it.
[44:53.000 --> 44:59.000]  One shot at a time. Just like Gonzales, we're keeping our guns.
[45:00.000 --> 45:03.000]  Are you the plaintiff or defendant in a lawsuit?
[45:04.000 --> 45:07.000]  Win your case without an attorney with Jurisdictionary.
[45:08.000 --> 45:14.000]  The affordable, easy to understand, 4-CD course that will show you how in 24 hours, step by step.
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[46:21.000 --> 46:49.000]  Music
[46:49.000 --> 46:56.000]  Okay, we are back. Randy Kelton, David Stevens, Rule of Law Radio, and we're talking to JP in Texas.
[46:57.000 --> 47:03.000]  Okay, JP, it sounds like you've done a lot of research on the subject.
[47:04.000 --> 47:09.000]  Have you written this research up into points and authorities?
[47:09.000 --> 47:20.000]  By points and authorities, nothing I've titled points and authorities, but I have followed my public information act request, which is fairly lengthy and tight.
[47:21.000 --> 47:26.000]  They ignored that. I followed a notice of improper response on where they dropped the ball there.
[47:27.000 --> 47:31.000]  Let's see what else have I followed. Of course, the motion to...
[47:32.000 --> 47:36.000]  Let me pause you right there, JP. Randy, define points and authorities.
[47:36.000 --> 47:41.000]  A brief, a little brief, giving the court...
[47:42.000 --> 47:51.000]  The court has a duty to determine the facts in accordance with the rules of evidence and then apply the laws that comes to him to the facts in the case.
[47:52.000 --> 47:56.000]  Bald assertions of law are of little value.
[47:56.000 --> 48:08.000]  You need to include a brief stating the law in the verbiage of the court interpreting the meaning of the law for the legislature.
[48:09.000 --> 48:23.000]  So if you go into court and you start throwing statutes at them like you're doing here, they're not going to have any effect, especially if you're in courts that are not courts of record.
[48:23.000 --> 48:34.000]  In order to preserve this for the appeal, you need it in a document. You need a brief on each issue.
[48:35.000 --> 48:42.000]  One of the things we say here is never make a proactive statement of law out of your own mouth.
[48:42.000 --> 48:56.000]  Make it out of the state of the court, out of the mouth of the court. And if you pull up cases and look at them and look at how the court writes their opinions,
[48:57.000 --> 49:05.000]  there's one skill that I have honed above all others. I am an accomplished plagiarist.
[49:05.000 --> 49:23.000]  Most of my arguments that way I take right out of the case law. I'll take a case that's really citing a bunch of other cases and I'll put that in there as if I wrote it as just part of the context.
[49:24.000 --> 49:29.000]  But the court will look at that and know immediately where that came from.
[49:29.000 --> 49:39.000]  I don't actually cite the case that this all came from, but it is filled with cases itself.
[49:40.000 --> 49:47.000]  Sometimes I'll say as quoted from this case, but most of the time I don't. I just put it in there as part of my brief.
[49:47.000 --> 49:58.000]  And this gets all of this preserved for the Court of Appeals. You were moving that through that so quickly I couldn't even keep up with you.
[49:59.000 --> 50:04.000]  Yeah, well I did follow points and authorities, what you're describing in my Public Information Act request.
[50:04.000 --> 50:16.000]  And what I am on there are the precedents that have been set before concerning violations, offenses, traffic cases, traffic infractions not being crimes.
[50:17.000 --> 50:27.000]  And most importantly of all, like I said, 29003 and 414 criminal procedure, I think I said penal code earlier, I'm sorry, about jurisdiction in criminal cases.
[50:27.000 --> 50:33.000]  And that's where I brought in that definition, 7182, about the definition of crime and where all that ties into...
[50:34.000 --> 50:36.000]  Wait, 71, wait, 71, that's RICO.
[50:37.000 --> 50:40.000]  Texas Government Code 71001.
[50:41.000 --> 50:46.000]  Oh, government code, okay. You cannot bring the government code definitions back into the penal code.
[50:47.000 --> 50:53.000]  Unless something, a crime is not defined in the penal code and the penal code defines crimes.
[50:53.000 --> 50:59.000]  So you can use that in context of the government code, but you can't bring it back into the penal code.
[51:00.000 --> 51:09.000]  All right, well what about 1203 and 1223, about misdemeanors and how that applies?
[51:10.000 --> 51:15.000]  Okay, you can't do that to me. I don't have all of the codes memorized so you'll have to tell me what the code is.
[51:15.000 --> 51:24.000]  I have them in front of me and I'd be more than happy to elaborate on that, but my argument about 1203 and 1223 is,
[51:25.000 --> 51:29.000]  it says the conviction of a Class C misdemeanor doesn't pose any legal disability or disadvantage,
[51:30.000 --> 51:38.000]  but 1223 says an individual is judged guilty of a Class C misdemeanor shall be punished with a fine only, not to exceed $500.
[51:39.000 --> 51:42.000]  Now how did they take me to jail on a Class C misdemeanor when it says...
[51:42.000 --> 51:49.000]  They didn't. Okay, you missed a point there. They didn't. They sent you to jail on a failure to appear, a lookup failure to appear.
[51:50.000 --> 51:54.000]  The problem is this judge has no power to assess a failure to appear.
[51:55.000 --> 51:58.000]  Right, which is a Class C in itself if the original cause is a Class C.
[51:59.000 --> 52:03.000]  I'm talking about the original charging instruments for Class C misdemeanors when they were with each other the first time.
[52:04.000 --> 52:09.000]  So the original case, they don't have jurisdiction and they're hidden for failure to appear on a case where they have
[52:09.000 --> 52:14.000]  no standing to do so to begin with because there's no crime.
[52:15.000 --> 52:27.000]  Okay, but here's the problem. The judge makes the accusation of failure to appear and that's valid on its face until it's challenged.
[52:28.000 --> 52:36.000]  So they'll arrest you on it. You have to go back after the judge for issuing the failure to appear when he has no power to do so.
[52:36.000 --> 52:46.000]  If you read that statute, it specifically restricts, I don't have it all exactly how it's written,
[52:47.000 --> 52:54.000]  but it restricts the municipal court judges or JP judges from issuing the failure to appear. It's right in the code.
[52:55.000 --> 52:57.000]  Okay, can we give you that code one more time?
[52:58.000 --> 53:02.000]  I don't remember, but just look up failure to appear.
[53:03.000 --> 53:03.000]  Okay.
[53:03.000 --> 53:09.000]  And it's right in there, what they can issue it for and what they can't. That is real clear.
[53:10.000 --> 53:17.000]  And when I see these, I read that as exerting or purporting to exert an authority he does not expressly have.
[53:18.000 --> 53:23.000]  And that's a Class A misdemeanor. And I want him arrested.
[53:23.000 --> 53:33.000]  And then when the bailiff or the police officer doesn't arrest him, they don't want the police officer arrested.
[53:34.000 --> 53:42.000]  It gets worse each time. It's a Class A misdemeanor for the judge for filing a failure to appear.
[53:43.000 --> 53:51.000]  It's a felony for the bailiff to refuse to enforce the law for the purpose of shielding the judge from prosecution.
[53:51.000 --> 53:59.000]  And if the bailiff gives you any warning to have with a witness obstruction of justice, it just goes downhill for him.
[54:00.000 --> 54:07.000]  Randy, that's Texas Penal Code Section 38.10, bail jumping and failure to appear.
[54:07.000 --> 54:21.000]  Yeah. Now we're talking about a, he is referring me to a different one. I already brought up 38.10E and the offense for which the actor's appearance is punishable finally.
[54:22.000 --> 54:33.000]  But so that is really the crux of the matter is a trial for a failure to appear for a case which they had no subject matter jurisdiction to begin with because they were all Class A misdemeanors.
[54:33.000 --> 54:38.000]  And by their definition in penal code, punishable the final.
[54:39.000 --> 54:48.000]  You need to, if you go to the municipal court, the municipal court judges could care less what the law says.
[54:49.000 --> 55:01.000]  So I suggest you petition the county court for writ of mandamus or petition the court of appeals for writ of mandamus.
[55:01.000 --> 55:02.000]  Okay.
[55:03.000 --> 55:11.000]  Ordering this court to dismiss this case for lack of subject matter jurisdiction.
[55:12.000 --> 55:15.000]  Now they are really not going to like that.
[55:16.000 --> 55:23.000]  Because I got a, I'm moving on this on the 29th. So you think a week is enough time to file a writ of mandamus?
[55:24.000 --> 55:27.000]  No. File a challenge to subject matter jurisdiction then.
[55:27.000 --> 55:31.000]  Oh, I've already done that. They've ignored everything I've filed on that.
[55:32.000 --> 55:39.000]  Oh, then file for a, file for writ of mandamus and petition for temporary restraining order.
[55:40.000 --> 55:44.000]  Yeah.
[55:45.000 --> 55:48.000]  You start getting this out of their court up into the higher courts.
[55:49.000 --> 55:52.000]  They get real nervous and they should.
[55:52.000 --> 55:56.000]  I want to get out of this town, but they're going to stick me here forever.
[55:57.000 --> 56:01.000]  And if they're going to do that, then I might as well just go ahead and start filing criminal complaints and start waving a, you know,
[56:02.000 --> 56:06.000]  exercising my first amendment right in front of their, you know, courthouse and not pay for it.
[56:07.000 --> 56:08.000]  Yeah. Start going after them.
[56:09.000 --> 56:13.000]  And then if you bump it up to the higher courts and you've got criminal complaints all over the place against these guys,
[56:14.000 --> 56:20.000]  higher court is much more likely to throw this thing out just to get you to go away and leave these guys alone.
[56:20.000 --> 56:27.000]  You really need to file a tort letter with the mayor's office.
[56:28.000 --> 56:29.000]  Okay.
[56:30.000 --> 56:32.000]  That's what will really get them hopping.
[56:33.000 --> 56:35.000]  Humorous.
[56:36.000 --> 56:42.000]  But write your tort letter so that in order to turn it into a lawsuit,
[56:43.000 --> 56:47.000]  you just change the heading on the top and the bottom and the footer on the bottom.
[56:47.000 --> 56:53.000]  So when their lawyer reads it, you know, this is not just a threat letter.
[56:54.000 --> 56:56.000]  This is the suit he's fixing to file on us.
[56:57.000 --> 57:03.000]  And then the mayor is going to get real excited and go talk to the chief of police and the head administrative judge,
[57:04.000 --> 57:05.000]  want to know what the heck's going on.
[57:06.000 --> 57:07.000]  You're getting a suit here.
[57:08.000 --> 57:12.000]  More likely to get this thing, if your intent is to get this to go away.
[57:13.000 --> 57:15.000]  Forget law.
[57:15.000 --> 57:16.000]  Forget law.
[57:17.000 --> 57:21.000]  You will not win your case because you have the law and the facts on your side.
[57:22.000 --> 57:23.000]  Do you think so is naive.
[57:24.000 --> 57:30.000]  You'll win the case if you can get the politics on your side and all politics is local.
[57:31.000 --> 57:33.000]  Find what they're afraid of.
[57:34.000 --> 57:35.000]  They're afraid of the higher level judges.
[57:36.000 --> 57:39.000]  You start hammering the higher level judges because of these guys.
[57:40.000 --> 57:42.000]  The higher level judges are going to get PO'd.
[57:42.000 --> 57:44.000]  They can't say anything to you about it.
[57:45.000 --> 57:48.000]  So they'll go down and crawl down these judges' throats.
[57:53.000 --> 57:53.000]  Okay.
[57:54.000 --> 57:55.000]  Have fun with it.
[57:56.000 --> 57:58.000]  This is Randy Kelton, Devin Stevens, Rule of Law Radio.
[57:59.000 --> 58:00.000]  We're going to our top of the hour break.
[58:01.000 --> 58:02.000]  Jim in Washington.
[58:03.000 --> 58:04.000]  See you there.
[58:05.000 --> 58:09.000]  I think you're the guy that filed the notice of default.
[58:09.000 --> 58:12.000]  I'm looking forward to talking to you in Charlotte, Texas.
[58:13.000 --> 58:15.000]  We will pick you up when we come back on the other side.
[58:16.000 --> 58:19.000]  Our call-in number is 512-646-1984.
[58:20.000 --> 58:24.000]  We're going to our top of the hour break, but we're going into the last hour.
[58:25.000 --> 58:27.000]  So the calls are generally picking in.
[58:28.000 --> 58:31.000]  So if you have a question or comment, give us a call.
[58:31.000 --> 58:38.000]  Earlier the better, then I'll know better how to top the call so I can be pretty sure to get to everybody.
[58:39.000 --> 58:40.000]  So give us a call.
[58:41.000 --> 58:42.000]  Maybe we can play stomp the chumps.
[58:43.000 --> 58:44.000]  We'll be right back on the other side.
[58:50.000 --> 58:53.000]  Would you like to make more definite progress in your walk with God?
[58:53.000 --> 59:00.000]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.000 --> 59:05.000]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
[59:06.000 --> 59:12.000]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.000 --> 59:17.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:17.000 --> 59:23.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:24.000 --> 59:27.000]  growing in Christ and how to build up the Church.
[59:28.000 --> 59:33.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:34.000 --> 59:40.000]  call Bibles for America toll free at 888-551-0102.
[59:41.000 --> 59:44.000]  That's 888-551-0102.
[59:44.000 --> 59:49.000]  Or visit us online at bfa.org.
[59:50.000 --> 59:59.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[59:59.000 --> 01:00:14.000]  Your listening to the Liberty Beat, your daily source for Liberty news and activist updates, online at thelibertybeat.com.
[01:00:15.000 --> 01:00:20.000]  John Bush here with your Liberty Beat for Thursday, July 19th, 2013.
[01:00:21.000 --> 01:00:27.000]  Gold opened today at $1289, silver at $19.40, and Bitcoin is trading at $92.
[01:00:27.000 --> 01:00:30.000]  Support for the Liberty Beat comes from Sovereign Living, the show.
[01:00:31.000 --> 01:00:37.000]  Sneak peek screening of episodes 1 through 3, Saturday, July 27th from 7 to 10 p.m. at Native South Farmers Market,
[01:00:38.000 --> 01:00:43.000]  located at 10106 Manchac Road. Information at SovereignLiving.tv slash event.
[01:00:44.000 --> 01:00:49.000]  And now the news. Thursday, Texas Governor Rick Perry signed a controversial abortion bill into law.
[01:00:50.000 --> 01:00:55.000]  Beginning 90 days after the special legislative session ends, most abortions will be banned after 20 weeks.
[01:00:55.000 --> 01:01:01.000]  The bill also sets standards for abortion performed in clinics and hospitals to be enacted by September 2014.
[01:01:02.000 --> 01:01:07.000]  State Senator Glenn Hager, Republican of Katy, said, this will literally change the lives of millions in Texas.
[01:01:08.000 --> 01:01:14.000]  Opponents of the bill continued their protests in the rotunda of the Capitol building, chanting, the blood of Texas women is on your hands.
[01:01:14.000 --> 01:01:21.000]  The latest in the ongoing saga surrounding journalist Michael Hastings' death includes new information
[01:01:22.000 --> 01:01:25.000]  that Hastings' body was cremated against the wishes of his family.
[01:01:26.000 --> 01:01:33.000]  According to Kimberly Dvorak of CW6 in San Diego, Hastings' friend and confidant, Sergeant Joe Biggs, said,
[01:01:34.000 --> 01:01:36.000]  Michael Hastings' body was returned to Vermont in an urn.
[01:01:37.000 --> 01:01:41.000]  San Diego 6 News has filed a Freedom of Information Act request for the police report.
[01:01:41.000 --> 01:01:47.000]  911 call, autopsy, bomb squad, and toxicology reports that they say continue to be ignored by the LAPD.
[01:01:48.000 --> 01:01:53.000]  Suspicions surrounding Hastings' death began to arise when it was revealed that he had sent out an email to friends
[01:01:54.000 --> 01:01:59.000]  15 hours before his car crash, stating that he was on to a big story and needed to go off the radar for a bit.
[01:01:59.000 --> 01:02:11.000]  WikiLeaks also reported that Hastings had contacted them a few hours before his death, complaining of being under investigation by the FBI.
[01:02:12.000 --> 01:02:17.000]  Citizens are planning to stage a demonstration Sunday in the River Oaks neighborhood in response to the Trayvon Martin shooting verdict.
[01:02:18.000 --> 01:02:21.000]  Demonstrators accused the affluent neighborhood of having a history of racial profiling.
[01:02:21.000 --> 01:02:28.000]  A Facebook page has been created to plan a counter-protest with gun owners, with concealed handgun permits and courage to bring their weapons.
[01:02:29.000 --> 01:02:34.000]  This has prompted Houston Police Department Chief Charles McClellan to warn counter-protesters not to attend and to remain peaceful.
[01:02:35.000 --> 01:02:38.000]  Trayvon Martin was shot by neighborhood watch volunteer George Zimmerman last year.
[01:02:39.000 --> 01:02:44.000]  Zimmerman was found not guilty this past Sunday, and protests have been taking place around the country ever since.
[01:02:44.000 --> 01:02:50.000]  Support for the Liberty Beat comes from Cabo Bob's, the first high-fructose corn syrup-free quick-serve restaurant in the country,
[01:02:50.000 --> 01:03:13.000]  serving Baja California-style burritos and non-GMO corn tortillas and chips.
[01:03:20.000 --> 01:03:25.000]  Trayvon Martin was found not guilty this past Sunday, and protests have been taking place around the country ever since.
[01:03:26.000 --> 01:03:31.000]  Support for the Liberty Beat comes from Cabo Bob's, the first high-fructose corn syrup-free quick-serve restaurant in the country,
[01:03:32.000 --> 01:03:37.000]  serving Baja California-style burritos and non-GMO corn tortillas and chips.
[01:03:38.000 --> 01:03:43.000]  Support for the Liberty Beat comes from Cabo Bob's, the first high-fructose corn syrup-free quick-serve restaurant in the country,
[01:03:43.000 --> 01:03:50.000]  serving Baja California-style burritos and non-GMO corn tortillas and chips.
[01:03:51.000 --> 01:03:58.000]  Support for the Liberty Beat comes from Cabo Bob's, the first high-fructose corn syrup-free quick-serve restaurant in the country,
[01:03:59.000 --> 01:04:06.000]  serving Baja California-style burritos and non-GMO corn tortillas and chips.
[01:04:06.000 --> 01:04:12.000]  Support for the Liberty Beat comes from Cabo Bob's, the first high-fructose corn syrup-free quick-serve restaurant in the country,
[01:04:12.000 --> 01:04:39.000]  serving Baja California-style burritos and chips.
[01:04:42.000 --> 01:04:56.000]  I'm the one that was tased and arrested for filming a police officer, or sheriff deputy, and I was going to report half a success.
[01:04:57.000 --> 01:05:06.000]  I was able to withstand their let's make a deal process four times, and then ten days before court, they decided to drop charges.
[01:05:06.000 --> 01:05:13.000]  Yahoo! Okay, now you were tased by the officer?
[01:05:14.000 --> 01:05:15.000]  Yes, I was.
[01:05:16.000 --> 01:05:20.000]  Okay, now since they dropped the charges, have you sent a court letter?
[01:05:21.000 --> 01:05:30.000]  Not yet. I had an attorney on it, and he is still trying to get some information from one of the witnesses, and then we're going to file suit.
[01:05:30.000 --> 01:05:36.000]  Have you bar-grieved the prosecutor's judicial conduct, complaining to judge?
[01:05:37.000 --> 01:05:38.000]  Not yet.
[01:05:39.000 --> 01:05:46.000]  You might consider doing that and refuse to talk about it with your lawyer.
[01:05:47.000 --> 01:05:48.000]  Okay, all right.
[01:05:49.000 --> 01:05:55.000]  Because they're going to be screaming bloody murder that your client is picking on us, do something about it,
[01:05:55.000 --> 01:06:04.000]  and he's going to come back and say, my client won't talk to me about it, or you might tell him, I don't know what you're talking about, don't even think about it.
[01:06:05.000 --> 01:06:20.000]  And it gives your lawyer plausible liability, and indicates that he has an unruly client, give him more reason to make a deal that you can live with.
[01:06:20.000 --> 01:06:30.000]  Right. I had a couple other questions. My son received a red light ticket, camera ticket, and we sent them Eddie's letter,
[01:06:31.000 --> 01:06:39.000]  and I talked to Eddie the other night, and he said to file a 1983 federal lawsuit against them, but I forgot to ask him how to determine the amount on the suit.
[01:06:39.000 --> 01:06:50.000]  Well, if you're going to file a 1983 suit, you might consider a private attorney general suit.
[01:06:51.000 --> 01:06:59.000]  Now, in the Patriot community, there's some misinformation about what a private attorney general is.
[01:06:59.000 --> 01:07:08.000]  There is no such thing as a private attorney general, as a person or an entity.
[01:07:09.000 --> 01:07:15.000]  This is a term the courts use to describe a certain kind of suit.
[01:07:16.000 --> 01:07:27.000]  You see, a red light ticket is such a small amount of money compared to the amount of money it will cost to prosecute a suit.
[01:07:27.000 --> 01:07:39.000]  So, in these kinds of circumstances, the court will allow you to sue in your own behalf, and in the behalf of all others similarly situated.
[01:07:40.000 --> 01:07:44.000]  And they call that a private attorney general suit.
[01:07:45.000 --> 01:07:50.000]  And that's not exactly in statute, but the courts allow that.
[01:07:50.000 --> 01:08:04.000]  So, you do some discovery with them, and since these are quasi-governmental entities and the complaints stay wide or public,
[01:08:05.000 --> 01:08:15.000]  you might want to do a request for a listing of all of the red light tickets that they have issued,
[01:08:15.000 --> 01:08:24.000]  and then file your private attorney general suit claiming the full amount of all of those citations.
[01:08:25.000 --> 01:08:37.000]  And if you can demonstrate something in the process of what they're doing that is improper, then you claim three times the amount.
[01:08:37.000 --> 01:08:46.000]  And that will give you exact numbers. So, when you go into the court, you don't go in with $10 million.
[01:08:47.000 --> 01:08:55.000]  You go into the court with $6,259,630.20.
[01:08:56.000 --> 01:09:00.000]  Now, if you win that, do you have to mail out checks to each of those people?
[01:09:01.000 --> 01:09:04.000]  No, no, no, no. You get to keep it all.
[01:09:04.000 --> 01:09:06.000]  Oh, oh, wow.
[01:09:07.000 --> 01:09:23.000]  Yeah, that's the advantage. You take the trouble and incur the cost of prosecuting this issue if you win. You get to keep what you win.
[01:09:24.000 --> 01:09:28.000]  Cool. Okay. I have a couple other things here, too.
[01:09:28.000 --> 01:09:39.000]  In a situation, party A makes party B an executor of their will when party A passes away,
[01:09:40.000 --> 01:09:49.000]  does party B have to hire an attorney to defend suits and things against the estate, or can party B go in there and actually fight it as if it was his own?
[01:09:50.000 --> 01:09:52.000]  Party B can go in there and fight it.
[01:09:52.000 --> 01:09:57.000]  Do you have a power of attorney filed in the record?
[01:09:58.000 --> 01:10:02.000]  No, no, I was just thinking about this and I didn't know how that worked and I was just curious.
[01:10:03.000 --> 01:10:17.000]  Okay, okay. The reason I said that, this is probate and 489 probate code will require that if you're named as the executor of an estate, you're going to need a power of attorney in the record.
[01:10:17.000 --> 01:10:23.000]  Okay. All right. And is that the same in most states you could go in and defend without an attorney?
[01:10:24.000 --> 01:10:24.000]  Yes.
[01:10:25.000 --> 01:10:35.000]  Okay. And another question I have is, you guys talk a lot about legal contracts between an attorney and an attorney cannot quit, like in a criminal case.
[01:10:36.000 --> 01:10:36.000]  Yeah.
[01:10:37.000 --> 01:10:40.000]  What if the legal contract has a stipulation in there that he's allowed to quit?
[01:10:40.000 --> 01:10:49.000]  It depends. Now, if he had you sign that when he, wait a minute, wait a minute, hold on, you said like criminal.
[01:10:50.000 --> 01:10:57.000]  Okay. The courts have ruled on those provisions that they are unconscionable.
[01:10:58.000 --> 01:11:00.000]  Okay. All right. That answers that one.
[01:11:00.000 --> 01:11:18.000]  The lawyer throws that piece of trash in there to cover him, but it's an unconscionable provision. Now, if he said he's allowed to quit, but if he does, he will return to you X amount of the retainer that you gave him.
[01:11:18.000 --> 01:11:38.000]  So that you can use that to help find another attorney, then it would not be unconscionable. But in this case, this harms you, gives him a benefit and you get no, not only do you not get a corresponding benefit, you're harmed by it.
[01:11:39.000 --> 01:11:42.000]  So the provision is unconscionable and unenforceable.
[01:11:43.000 --> 01:11:44.000]  Okay.
[01:11:44.000 --> 01:11:51.000]  And you don't really care. If he does quit, you sue him for everything he would have lost.
[01:11:51.000 --> 01:12:18.000]  Even if the contract says he can, if he is dropping the contract, if he exercises that option and you're harmed thereby, there is the implied provision that he will conduct himself with you in, with good faith and fair dealing.
[01:12:19.000 --> 01:12:20.000]  Okay.
[01:12:20.000 --> 01:12:28.000]  For him to drop the case in a manner such that you're harmed, then you can hold him responsible for the harm.
[01:12:29.000 --> 01:12:42.000]  And when lose a draw, you file a malpractice suit against him. His malpractice insurance is going to double. If you bargain with him first, they'll cancel it. That'll sting him big time.
[01:12:42.000 --> 01:12:50.000]  Right. Well, the reason I was curious about that is because when I hired an attorney to handle the tasing situation, there was a stipulation in the contract about that and I didn't know how that would work.
[01:12:51.000 --> 01:13:00.000]  The other question I have is you guys keep talking about legal maxims. Is this book or some kind of reading material where you can learn about these legal maxims?
[01:13:00.000 --> 01:13:14.000]  Several books. Legal maxims, legal maxim is, if that card is played right, a legal maxim can control the court because legal maxims are self-evident truths.
[01:13:14.000 --> 01:13:30.000]  We'll find a lot of legal maxims written by Coke, a lot of them by Bacon, Valentine's got Blackstone, William Blackstone, Thomas Cooley.
[01:13:31.000 --> 01:13:40.000]  There are many, many, many volumes of legal maxims, but you've got to be careful when you play these cards because they're often double-edged swords.
[01:13:41.000 --> 01:13:42.000]  Okay.
[01:13:42.000 --> 01:13:52.000]  All right. Well, that was pretty much all I had. I wanted to get some of those things cleared up and kind of tell you about the half of success and I'll let you know when the other half comes through.
[01:13:53.000 --> 01:13:55.000]  Good, good. Congratulations.
[01:13:56.000 --> 01:13:57.000]  Thank you for your help.
[01:13:57.000 --> 01:14:11.000]  And this is the one thing we say, the ones who win are the ones that hang in there because these guys count on people getting worn down and then giving up at the end.
[01:14:12.000 --> 01:14:16.000]  That's why in Texas we have a 99.6% conviction rate.
[01:14:17.000 --> 01:14:21.000]  You could tell she was desperate to make a deal. I mean she just kept offering and offering and offering and it was like, no thanks.
[01:14:22.000 --> 01:14:24.000]  Wonderful.
[01:14:24.000 --> 01:14:27.000]  Okay. Thank you, Jim.
[01:14:28.000 --> 01:14:29.000]  Bye.
[01:14:30.000 --> 01:14:33.000]  Okay. Now we're going to go to Johnny in Texas.
[01:14:34.000 --> 01:14:37.000]  Okay, Johnny.
[01:14:38.000 --> 01:14:39.000]  Can you hear me?
[01:14:40.000 --> 01:14:41.000]  I can hear you.
[01:14:42.000 --> 01:14:43.000]  It's working right.
[01:14:44.000 --> 01:14:49.000]  I have three quick questions for you and they should be relatively easy to answer.
[01:14:49.000 --> 01:14:55.000]  For the first question, keep this definition in mind.
[01:14:56.000 --> 01:15:14.000]  For irreparable injury, the courts in Texas have defined an irreparable injury as one that cannot be accurately calculated or measured by any certain pecuniary formula or standard.
[01:15:14.000 --> 01:15:19.000]  In other words, it's pretty clear you have damages, but how do you calculate the value of them?
[01:15:20.000 --> 01:15:24.000]  Wait a minute. You said irreparable?
[01:15:25.000 --> 01:15:30.000]  The Texas courts have defined it as irreparable.
[01:15:31.000 --> 01:15:41.000]  That definition doesn't seem to fit the meaning that we generally apply to that word. That's odd.
[01:15:41.000 --> 01:15:43.000]  That's odd.
[01:15:44.000 --> 01:16:01.000]  I've found a ton of Texas Supreme Court cases that are pretty much in unison and for an injury to be irreparable, it has to be one that cannot be calculated or measured by any certain pecuniary formula or standard.
[01:16:01.000 --> 01:16:12.000]  In other words, you can't claim irreparable damages on a contract because it's pretty easy to calculate what the damage would be and then you could go sue on it.
[01:16:13.000 --> 01:16:20.000]  But an irreparable injury is one that there's not really any formula that you can calculate the value on.
[01:16:21.000 --> 01:16:24.000]  What's the value of a broken toe?
[01:16:24.000 --> 01:16:30.000]  What's the value of pain and suffering?
[01:16:31.000 --> 01:16:39.000]  Hang on, Johnny. We're going to break. This is Randy Kelton and Deborah Stevens, Rule of Our Radio.
[01:16:40.000 --> 01:16:47.000]  Our call-in number, 512-646-1984. Give us a call. We're getting late in the show, so it tends to build up.
[01:16:47.000 --> 01:16:56.000]  Carlos, I see you there. We will finish up with Johnny on the other side and we will get to you. Give us a call. We'll be right back.
[01:17:17.000 --> 01:17:22.000]  You make me feel so good I don't need so much food
[01:17:23.000 --> 01:17:27.000]  Ain't I a sight compared to what I used to be?
[01:17:28.000 --> 01:17:33.000]  Calcium, magnesium, selenium and zinc
[01:17:34.000 --> 01:17:36.000]  Take a moment now and think
[01:17:37.000 --> 01:17:39.000]  If you have a little brain
[01:17:40.000 --> 01:17:45.000]  Every day will bring the life that you've been looking for
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[01:18:58.000 --> 01:19:08.000]  This is the Logos Radio Network.
[01:19:28.000 --> 01:19:38.000]  Thank you for watching.
[01:19:58.000 --> 01:20:05.000]  Okay, we are back.
[01:20:06.000 --> 01:20:12.000]  Red Decalton, Devin Stevens, Rule of Law Radio, and we're talking to Johnny in Texas about irreparable.
[01:20:13.000 --> 01:20:16.000]  And I'm surprised it has that definition. It's not what I would have anticipated.
[01:20:17.000 --> 01:20:24.000]  And that kind of goes to the point that Eddie and I tend to make a lot is look up the words.
[01:20:24.000 --> 01:20:27.000]  Don't use a word unless you can define it.
[01:20:28.000 --> 01:20:34.000]  Are you trying his best to admit that Johnny has stumped the chump?
[01:20:35.000 --> 01:20:37.000]  Yeah, I guess so.
[01:20:38.000 --> 01:20:40.000]  Do you feel stumped?
[01:20:41.000 --> 01:20:45.000]  No, because I've already had this conversation with him.
[01:20:45.000 --> 01:20:56.000]  I used to have a lot of fun a long time ago when Steve was on the radio regularly and I'd like to chump him on the air.
[01:20:57.000 --> 01:20:59.000]  So this time I'm the chump.
[01:21:00.000 --> 01:21:01.000]  Okay, go ahead, Johnny.
[01:21:02.000 --> 01:21:11.000]  Okay. Well, the way the courts define irreparable is that either the plaintiff cannot calculate its damages by any pecuniary formula or standard,
[01:21:11.000 --> 01:21:14.000]  or a defendant is incapable of responding in damages.
[01:21:15.000 --> 01:21:18.000]  And what I'm going to is I've got a hearing coming up in a few days.
[01:21:19.000 --> 01:21:32.000]  And I need to show that an eviction sale or I mean an eviction after a foreclosure sale would cause irreparable injury.
[01:21:32.000 --> 01:21:40.000]  Now, I can name all kinds of injuries, you know, the cost incurred of moving and having to get another place and, you know, all that stuff.
[01:21:41.000 --> 01:21:46.000]  But what would be the irreparable injuries?
[01:21:46.000 --> 01:22:02.000]  Extreme emotional distress being thrown out of your home is very emotional and very traumatic.
[01:22:03.000 --> 01:22:06.000]  So, and that's the cause of action.
[01:22:07.000 --> 01:22:11.000]  And also keep in mind that real property is considered unique.
[01:22:11.000 --> 01:22:24.000]  You might be able to build another house, but you cannot build another home, not on the same slope, not in the same neighborhood, not in the same school district, not on the same street.
[01:22:25.000 --> 01:22:27.000]  You're going to lose something unique.
[01:22:28.000 --> 01:22:39.000]  Even if your house was identical, if you looked at blueprints of your house and the house next door and they showed to be identical, they are still unique.
[01:22:39.000 --> 01:22:47.000]  They all, each house, each home has its own personality, so to speak.
[01:22:48.000 --> 01:22:50.000]  And that comes with what you put into it.
[01:22:51.000 --> 01:22:54.000]  If you lose that, you cannot repair that damage.
[01:22:55.000 --> 01:22:57.000]  You cannot replace that specific thing.
[01:22:58.000 --> 01:23:01.000]  It's irreplaceable, therefore it's irreparable harm.
[01:23:02.000 --> 01:23:06.000]  Well, I mean you have memories and you have, you know, there's sentimental value to it.
[01:23:07.000 --> 01:23:07.000]  Yes.
[01:23:07.000 --> 01:23:12.000]  I just didn't know if that was the kind of thing that the court would, you know, just kind of dismiss out of hand.
[01:23:13.000 --> 01:23:14.000]  I'll still throw it in there, but.
[01:23:15.000 --> 01:23:23.000]  Okay, no, emotional distress, very emotional distress is recognized as cause of action.
[01:23:24.000 --> 01:23:34.000]  So the court cannot, with impunity, deny your right to petition court for redress of grievance concerning a defined cause of action.
[01:23:34.000 --> 01:23:36.000]  Yes, okay.
[01:23:37.000 --> 01:23:39.000]  And this is for a preliminary injunction hearing.
[01:23:40.000 --> 01:23:45.000]  And one of the elements, there's several elements that have to be met and I've got all of them down pretty well.
[01:23:46.000 --> 01:23:54.000]  It's just that one of the elements is you have to show imminent, irreparable harm if the injunction is not issued.
[01:23:55.000 --> 01:23:56.000]  So I'll definitely, that's a good one.
[01:23:57.000 --> 01:24:01.000]  And I have the one, you know, Steve that you put in there, that's a good one as well.
[01:24:01.000 --> 01:24:05.000]  And so I'll go with those and see how they fly.
[01:24:06.000 --> 01:24:08.000]  And then the next one, just quick.
[01:24:09.000 --> 01:24:10.000]  Yeah, go ahead.
[01:24:12.000 --> 01:24:13.000]  Steve.
[01:24:14.000 --> 01:24:15.000]  No, Randy, I was just saying good luck.
[01:24:16.000 --> 01:24:17.000]  Oh, okay.
[01:24:18.000 --> 01:24:20.000]  So I was going to say get lost.
[01:24:23.000 --> 01:24:25.000]  You've got such a way with words, Randy.
[01:24:26.000 --> 01:24:27.000]  Yeah, I do.
[01:24:28.000 --> 01:24:29.000]  Johnny likes it when I pick on him.
[01:24:29.000 --> 01:24:32.000]  That's not what he says on Skype.
[01:24:33.000 --> 01:24:40.000]  The first time I met him, he walked into a McDonald's and I looked at him and I said, talc.
[01:24:41.000 --> 01:24:43.000]  He's bald as a buzzard.
[01:24:44.000 --> 01:24:47.000]  And I accused him of blinding me with the glare off his head.
[01:24:48.000 --> 01:24:49.000]  That's a good way to make friends.
[01:24:50.000 --> 01:24:51.000]  Oh, yeah.
[01:24:52.000 --> 01:24:53.000]  Somebody right off the bat.
[01:24:53.000 --> 01:25:02.000]  When I got to Vietnam, the first thing I got was a book from a woman I had worked for.
[01:25:03.000 --> 01:25:07.000]  And the book was How to Win Friends and Influence People.
[01:25:08.000 --> 01:25:09.000]  You threw that one away, didn't you?
[01:25:10.000 --> 01:25:11.000]  That did not work so good.
[01:25:12.000 --> 01:25:16.000]  Okay, we are going to go to Carlos in California.
[01:25:17.000 --> 01:25:18.000]  Did Johnny have any more questions?
[01:25:19.000 --> 01:25:20.000]  Who cares?
[01:25:20.000 --> 01:25:23.000]  Johnny, do you have anything else for us?
[01:25:24.000 --> 01:25:25.000]  I just have one quick one.
[01:25:26.000 --> 01:25:27.000]  The plainest notices concerning property.
[01:25:28.000 --> 01:25:42.000]  Are there any that I should not file or should be cautious of filing in a situation where, you know, there's already been a foreclosure and a sale and now there's another completely different entity with a, you know, supposed substitute trustee trying to take the house?
[01:25:43.000 --> 01:25:44.000]  Okay.
[01:25:44.000 --> 01:25:49.000]  Are there any of those notices out of that batch that I should be cautious of filing?
[01:25:50.000 --> 01:25:51.000]  Oh, no, none.
[01:25:52.000 --> 01:25:57.000]  You're presuming, acting from the position that the foreclosure never happened.
[01:25:58.000 --> 01:26:00.000]  It only appears to have happened.
[01:26:01.000 --> 01:26:03.000]  It did not happen because it's void.
[01:26:04.000 --> 01:26:05.000]  Okay.
[01:26:06.000 --> 01:26:07.000]  Okay.
[01:26:07.000 --> 01:26:30.000]  Yeah, file mall, cloud after title, you're going to claim that the purchaser, by virtue of the notice that was in record already, cannot be construed as a bona fide purchaser because it was evidence from the public record that the foreclosure was fraudulent.
[01:26:31.000 --> 01:26:34.000]  Yeah, I've got that and I think I've made a pretty good taste of it.
[01:26:34.000 --> 01:26:36.000]  I expanded a little bit on what you had.
[01:26:36.000 --> 01:26:37.000]  I'll send you that lawsuit.
[01:26:38.000 --> 01:26:39.000]  Good.
[01:26:39.000 --> 01:26:40.000]  Good.
[01:26:40.000 --> 01:26:43.000]  And I'll place a coir pola out of it.
[01:26:44.000 --> 01:26:46.000]  But you're welcome to.
[01:26:46.000 --> 01:26:47.000]  Thanks, guys.
[01:26:47.000 --> 01:26:48.000]  I'll let you get on.
[01:26:48.000 --> 01:26:49.000]  You're welcome.
[01:26:49.000 --> 01:26:50.000]  Okay.
[01:26:50.000 --> 01:26:51.000]  Thank you.
[01:26:51.000 --> 01:26:52.000]  Okay.
[01:26:52.000 --> 01:26:54.000]  Now we're going to Carlos.
[01:26:54.000 --> 01:26:55.000]  Hello, Carlos.
[01:26:55.000 --> 01:26:56.000]  It's been a while.
[01:26:56.000 --> 01:26:57.000]  Hello.
[01:26:57.000 --> 01:26:58.000]  Can you hear me?
[01:26:58.000 --> 01:27:00.000]  I can hear you.
[01:27:00.000 --> 01:27:01.000]  All right.
[01:27:01.000 --> 01:27:02.000]  All right.
[01:27:02.000 --> 01:27:09.000]  I have a question and a comment, okay, on this gentleman that was talking about his foreclosure.
[01:27:09.000 --> 01:27:12.000]  A question on myself.
[01:27:12.000 --> 01:27:13.000]  I had a case.
[01:27:13.000 --> 01:27:19.000]  I have a case on myself that it did not go to a bona fide buyer.
[01:27:19.000 --> 01:27:26.000]  It went back to the bank, okay, because Wells Fargo dated on that property.
[01:27:26.000 --> 01:27:30.000]  Therefore, between quotes, Wells Fargo owns it.
[01:27:30.000 --> 01:27:40.000]  But I found out that the only entity that can bid on your property, it's the lender
[01:27:40.000 --> 01:27:44.000]  or beneficiary, not the servicer.
[01:27:44.000 --> 01:27:47.000]  So therefore, I have a little bit of power there.
[01:27:47.000 --> 01:27:51.000]  Did I make my point across?
[01:27:51.000 --> 01:27:52.000]  Joe?
[01:27:52.000 --> 01:27:55.000]  Yeah, Carlos.
[01:27:55.000 --> 01:27:59.000]  Just off the top of my head, what was the amount of your loan?
[01:27:59.000 --> 01:28:01.000]  What was the what?
[01:28:01.000 --> 01:28:06.000]  What was the dollar amount of your mortgage loan?
[01:28:06.000 --> 01:28:08.000]  $595,000.
[01:28:08.000 --> 01:28:09.000]  Okay.
[01:28:09.000 --> 01:28:15.000]  Were you with an MBS, RMBS, or were you with the GSC?
[01:28:15.000 --> 01:28:16.000]  No, no, no.
[01:28:16.000 --> 01:28:19.000]  I was with World Savings Foreclosure by Wells Fargo.
[01:28:19.000 --> 01:28:20.000]  Oh, all right.
[01:28:20.000 --> 01:28:26.000]  If you're with World Savings, you're really, you've got a fight on your hands, okay?
[01:28:26.000 --> 01:28:30.000]  And the reason you're going to have a fight on your hands is because World Savings Bank
[01:28:30.000 --> 01:28:33.000]  is a privately owned entity.
[01:28:33.000 --> 01:28:44.000]  So unlike publicly recorded RMBSs, all right, which required a pursuant to the 1933 Securities Act,
[01:28:44.000 --> 01:28:53.000]  under the 424B5 rule, World Savings Bank was their own lender, servicer, sponsor, seller,
[01:28:53.000 --> 01:28:57.000]  and they had a limited number of investors.
[01:28:57.000 --> 01:29:00.000]  So they didn't have to file with the SEC.
[01:29:00.000 --> 01:29:09.000]  So you're not going to find any PPM or any 424B5 prospectus out there other than maybe one.
[01:29:09.000 --> 01:29:11.000]  And I do have one.
[01:29:11.000 --> 01:29:18.000]  It's an old prospectus, and I've got no problem in sharing it with you.
[01:29:18.000 --> 01:29:29.000]  But it's a really tough fight because there is a lack of documents out there you have to guess.
[01:29:29.000 --> 01:29:37.000]  And I don't like making guesses, all right, because you lose when you guess.
[01:29:37.000 --> 01:29:41.000]  So with World Savings Bank, you do have a fight.
[01:29:41.000 --> 01:29:42.000]  Okay, hang on, hang on.
[01:29:42.000 --> 01:29:43.000]  We're about to go to break.
[01:29:43.000 --> 01:29:54.000]  This is Randy Kelton, Deborah Stevens, here with our special guests, Joe Esquivel and Steve Skidmore.
[01:29:54.000 --> 01:29:56.000]  Well, I blew that outro.
[01:29:56.000 --> 01:30:00.000]  We'll be right back.
[01:30:00.000 --> 01:30:04.000]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:30:04.000 --> 01:30:08.000]  They guarantee the specific freedoms Americans should know and protect.
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[01:30:10.000 --> 01:30:16.000]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
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[01:30:48.000 --> 01:30:51.000]  We've made it to the 10th Amendment and the end of the Bill of Rights.
[01:30:51.000 --> 01:30:54.000]  Power to the people.
[01:30:54.000 --> 01:30:56.000]  Power to the people right on.
[01:30:56.000 --> 01:31:04.000]  That song reminds me that the 10th Amendment says that the powers not specifically given to the federal government belong to the states or the people.
[01:31:04.000 --> 01:31:09.000]  It was the Founding Fathers' attempt to ensure America's federal government didn't get too powerful.
[01:31:09.000 --> 01:31:14.000]  Activists are using the 10th Amendment today to fight the national health care law, for example.
[01:31:14.000 --> 01:31:21.000]  They point out that health care is not a power given to the federal government, and they're attempting to nullify it on grounds that it's unconstitutional.
[01:31:21.000 --> 01:31:31.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[01:33:01.000 --> 01:33:23.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:31.000 --> 01:33:53.000]  Okay, we are back.
[01:33:53.000 --> 01:34:02.000]  Randy Kelton, David Stevens, Rule of Law Radio, and we're talking to Carlos in California, and Joe is talking.
[01:34:02.000 --> 01:34:03.000]  Go ahead, Joe.
[01:34:03.000 --> 01:34:04.000]  Okay, Carlos.
[01:34:04.000 --> 01:34:16.000]  As I was saying, a lot of the parties that are in the World Savings Bank remix that are out today, one, they were only for a limited number of years before they went out of business,
[01:34:16.000 --> 01:34:33.000]  but World Savings Bank was one of the first ones to come up with the pick-up pay, and then many of the other sub-prime lenders out there took over, you know, such as Washington Mutual and many others, but the parties are the same.
[01:34:33.000 --> 01:34:54.000]  The problem is because you are not going to find a prospectus out there, and the prospectus that is out there is only 88 pages compared to the average, you know, 300 to 1,000 pages for a prospectus that would be filed with the SEC.
[01:34:54.000 --> 01:34:57.000]  It just gives basic information.
[01:34:57.000 --> 01:35:10.000]  Yes, they had closing dates, and the way you would argue that is that, again, they operated with fraud.
[01:35:10.000 --> 01:35:12.000]  You just have to show the fraud.
[01:35:12.000 --> 01:35:13.000]  You have to prove the fraud.
[01:35:13.000 --> 01:35:15.000]  They had closing dates.
[01:35:15.000 --> 01:35:21.000]  Those closing dates would have been in the year that the trust was set up.
[01:35:21.000 --> 01:35:32.000]  So depending on what your date was that you initiated your mortgage loan, that would be the year in the series of your trust.
[01:35:32.000 --> 01:35:35.000]  So the closing date would have been in that year.
[01:35:35.000 --> 01:35:45.000]  So when you would set it up, you would say, you know, by the end of year X, Y, Z, 2005, it should have been here.
[01:35:45.000 --> 01:35:47.000]  There's still rules that they need to follow.
[01:35:47.000 --> 01:35:50.000]  There's still statutory requirements of law.
[01:35:50.000 --> 01:35:53.000]  So you're going to have to go after them using statutory requirements of law.
[01:35:53.000 --> 01:36:01.000]  So if you're in California, now you're post-foreclosure versus pre-foreclosure.
[01:36:01.000 --> 01:36:11.000]  So you do have an uphill battle, but they were still required to do things in a set format.
[01:36:11.000 --> 01:36:21.000]  You know, in order to do negotiation transfer and delivery, all right, of an instrument, one would need to acquire rights.
[01:36:21.000 --> 01:36:24.000]  How would you acquire rights?
[01:36:24.000 --> 01:36:27.000]  So you need to work backwards.
[01:36:27.000 --> 01:36:33.000]  You need to look at what was the end result and how did they get there?
[01:36:33.000 --> 01:36:35.000]  How did they acquire the rights?
[01:36:35.000 --> 01:36:39.000]  Did they acquire any rights, all right?
[01:36:39.000 --> 01:36:48.000]  Because you're in the state of California, all right, you're going to have to go to California Commercial Code, all right?
[01:36:48.000 --> 01:36:57.000]  So if you're going to go to California Commercial Code, they still have similar statutes to the other 50 states.
[01:36:57.000 --> 01:37:03.000]  So you're going to go to Article III because it is a negotiable instrument, all right?
[01:37:03.000 --> 01:37:13.000]  You're going to go to 3203 because that is the only statute in which one can acquire rights.
[01:37:13.000 --> 01:37:24.000]  And then when you get to 3203, all right, you're going to look up what did they acquire and how did they acquire it, all right?
[01:37:24.000 --> 01:37:43.000]  So if I'm going to California, and give me one second, and I'm going to look up under UCC 3203, but I'm going to state California, all right, which is California Commercial Code 3203.
[01:37:43.000 --> 01:37:55.000]  So it says an instrument is transferred when it's delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument.
[01:37:55.000 --> 01:37:57.000]  Well, what is the instrument?
[01:37:57.000 --> 01:38:10.000]  The instrument in the state of California would be comprised of the tangible promissory note, the intangible obligation, which is the promise to pay.
[01:38:10.000 --> 01:38:15.000]  I, Carlos, promise to pay World Savings Bank X number of dollars.
[01:38:15.000 --> 01:38:20.000]  That is your promise, which is evidenced by the tangible promissory note.
[01:38:20.000 --> 01:38:31.000]  And then you have the security instrument, which is a separate contract, which provides an alternative means of collection.
[01:38:31.000 --> 01:38:49.000]  Now, when you look specifically at 3203D as in dog, it stated, if a transfer purports to transfer less than the entire instrument, negotiation of the instrument does not occur.
[01:38:49.000 --> 01:38:55.000]  The transferee obtains no rights under this division, has only the rights of a partial assignee.
[01:38:55.000 --> 01:39:04.000]  Okay, so basically it's saying if they did not transfer the entire instrument, negotiation of the instrument does not occur.
[01:39:04.000 --> 01:39:16.000]  Now, the problem you're going to have is because your post foreclosure is to get a copy of the note as it existed at the time of sale.
[01:39:16.000 --> 01:39:30.000]  If you could get a copy of your note as it existed at the time of sale, you would then compare your train of endorsements with your train of title, and they would have to match.
[01:39:30.000 --> 01:39:49.000]  So for World Savings Bank, if they had a sponsor, a seller, a depositor, again, remember, it's still a RIMIC, all right? It's still a mortgage pass-through conduit, all right?
[01:39:49.000 --> 01:40:01.000]  So it needs to be bankruptcy remote. So you need to have a minimum of two transactions out to keep it bankruptcy remote.
[01:40:01.000 --> 01:40:12.000]  All right, so then I would look at the note, and are there any endorsements? Not incomplete stampings, in full endorsements, all right?
[01:40:12.000 --> 01:40:25.000]  Because it's going to be an order instrument versus a bearer instrument. If it was a bearer instrument, it would say, pay to bearer, B-E-A-R-E-R, all right?
[01:40:25.000 --> 01:40:41.000]  That is what bearer means. However, it's probably going to say pay to the order of, meaning that it's order paper, and you're given a specific set of instructions.
[01:40:41.000 --> 01:40:51.000]  Pay to the order. Now, for it to be a complete endorsement, it would have to have a named payee.
[01:40:51.000 --> 01:40:53.000]  That's not endorsed in blank.
[01:40:53.000 --> 01:41:15.000]  Correct, an endorsement in blank would be a signature alone, because many people have a misconception of what an endorsement is. An endorsement is a signature alone, and that is a true, a blank endorsement.
[01:41:15.000 --> 01:41:28.000]  All right, now, when we go back to how does one acquire rights, and what do they acquire? Well, for California 3203, A says, and again, it defines it.
[01:41:28.000 --> 01:41:38.000]  Transfer of instrument rights acquired by transfer A, an instrument is transferred when it is delivered by a person other than the issuer for the purpose of giving to the person,
[01:41:38.000 --> 01:41:50.000]  receiving delivery, the right to enforce the instrument, because World Savings Bank did have trust. No, nobody can locate them. I can locate them.
[01:41:50.000 --> 01:42:02.000]  All right? There's a good chance that we could find out where it was. Again, it's just, it's tougher when you are post-foreclosure versus pre-foreclosure.
[01:42:02.000 --> 01:42:19.000]  All right? So, and especially because time has passed, it's not like they did it 30 days ago or 60 days ago. If it was recent, it'd be a lot easier to track it down.
[01:42:19.000 --> 01:42:22.000]  Can I play devil's advocate and throw a wrench in the gears here?
[01:42:22.000 --> 01:42:23.000]  Sure.
[01:42:23.000 --> 01:42:30.000]  Objection, Your Honor. The borrower was not a party to that transaction, therefore could not have been harmed by the action.
[01:42:30.000 --> 01:42:38.000]  Now, that's going to be tough because it's World Savings Bank because there is no Covenant 20 within the World Savings Banks.
[01:42:38.000 --> 01:42:48.000]  And about 95% of the security instruments that are out there, they are Freddie Fannie multi-state instruments,
[01:42:48.000 --> 01:43:01.000]  meaning that whether it be a deed of trust from the state of California, a mortgage from the state of New York, or a security deed from the state of Georgia,
[01:43:01.000 --> 01:43:26.000]  they all have certain requirements and verbiage in there because prior to the repeal of the Glass-Steagall Act in 1998, Freddie Fannie and Ginnie Mae did about 80% of the loans that were out there were bought up by these entities.
[01:43:26.000 --> 01:43:37.000]  So in order for any other party to do work with these entities, they had set formats of verbiage.
[01:43:37.000 --> 01:43:52.000]  However, that verbiage is not included in the World Savings Bank. The verbiage that is in the Freddie Fannie documents are specifically at states in Covenant 20.
[01:43:52.000 --> 01:44:00.000]  We'll get back with you after the break.
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[01:46:17.000 --> 01:46:27.000]  This is Joe Esquivel with Rules of Law with Randy Kelton, Steve Skidmore and Joe Esquivel, and Carlos.
[01:46:27.000 --> 01:46:30.000]  I'm going to finish answering your question.
[01:46:30.000 --> 01:46:34.000]  So I've got a prospectus for World Savings Bank.
[01:46:34.000 --> 01:46:45.000]  And again, it's a little different than most, but you're just going to have to go back and you're going to have to argue statutory requirements of what was to be done.
[01:46:45.000 --> 01:46:47.000]  That is in public record.
[01:46:47.000 --> 01:47:01.000]  So you're probably going to have, just based on what you've told me, after you had closing, your documents went to county recorder's office, whether you were in Riverside, Orange County, wherever, right?
[01:47:01.000 --> 01:47:07.000]  And after it was recorded, indexed, and filed, it was an encumbrance placed upon your property.
[01:47:07.000 --> 01:47:11.000]  It was a perfection of lien.
[01:47:11.000 --> 01:47:18.000]  And then sometime years later, when you were in default, there was an assignment.
[01:47:18.000 --> 01:47:23.000]  And that assignment probably went to Wells Fargo Bank.
[01:47:23.000 --> 01:47:33.000]  And now Wells Fargo Bank would come forth and down the line, they would come forth and say, we are foreclosing.
[01:47:33.000 --> 01:47:34.000]  You have a default.
[01:47:34.000 --> 01:47:37.000]  You would say, no, there's a presumption of deficiency.
[01:47:37.000 --> 01:47:39.000]  There is no hold or due course.
[01:47:39.000 --> 01:47:45.000]  So what you were trying to do the whole time is to shift the burden of proof.
[01:47:45.000 --> 01:47:51.000]  If you can shift the burden of proof, it makes it a lot easier.
[01:47:51.000 --> 01:47:59.000]  It's not always the easiest thing that you can do, but it's just something, you know, if you can do it, you want to do it.
[01:47:59.000 --> 01:48:06.000]  Again, you're going to have a little bit of fight on your hands because this is post foreclosure.
[01:48:06.000 --> 01:48:10.000]  So you just have to go at it a little differently.
[01:48:10.000 --> 01:48:16.000]  But I will be happy to send you a copy of the World Savings Bank prospectus and let you look at it.
[01:48:16.000 --> 01:48:19.000]  Because again, these were Remick trusts.
[01:48:19.000 --> 01:48:22.000]  They were set up as pass-through entities.
[01:48:22.000 --> 01:48:27.000]  They still have filings that they had to file.
[01:48:27.000 --> 01:48:31.000]  You just need to bring up the correct argument.
[01:48:31.000 --> 01:48:33.000]  Does that help you?
[01:48:33.000 --> 01:48:36.000]  Yes, yes.
[01:48:36.000 --> 01:48:40.000]  My argument is that there's no assignment of data trust to Wells Fargo.
[01:48:40.000 --> 01:48:46.000]  And when they foreclosed, when Wells Fargo foreclosed to me, the property went back to Wells Fargo.
[01:48:46.000 --> 01:48:49.000]  And I got a deed from the sale.
[01:48:49.000 --> 01:48:57.000]  And it says very clearly the grantee, that's Wells Fargo, because he went back to Wells Fargo, was not the foreclosing beneficiary.
[01:48:57.000 --> 01:49:03.000]  And I said to myself, if they're not the beneficiary, they could not have foreclosed on me.
[01:49:03.000 --> 01:49:04.000]  They didn't have the right.
[01:49:04.000 --> 01:49:08.000]  And there is no assignment of data trust to Wells Fargo.
[01:49:08.000 --> 01:49:13.000]  Who was the party foreclosing?
[01:49:13.000 --> 01:49:15.000]  Wells Fargo.
[01:49:15.000 --> 01:49:16.000]  All right.
[01:49:16.000 --> 01:49:21.000]  Go back to what an assignment actually does.
[01:49:21.000 --> 01:49:24.000]  What is the purpose of an assignment?
[01:49:24.000 --> 01:49:33.000]  The whole purpose of an assignment is to memorialize the sale, transfer, and delivery of the tangible promise every note.
[01:49:33.000 --> 01:49:36.000]  That's what it's supposed to do.
[01:49:36.000 --> 01:49:37.000]  Okay.
[01:49:37.000 --> 01:49:56.000]  So when there is an assignment of data trust, all right, if the intangible obligation had been ripped out and sold to a trust, all right,
[01:49:56.000 --> 01:50:09.000]  then later years on when the data trust was assigned, it contained no conditions over to which to enforce the contractual obligation for the promise to pay,
[01:50:09.000 --> 01:50:14.000]  which was to be evidenced by the tangible promissory note.
[01:50:14.000 --> 01:50:29.000]  Because if you had ripped out the intangible payment obligation and sold it without proper delivery, transfer, negotiation of the entire instrument, then negotiation did not take place.
[01:50:29.000 --> 01:50:42.000]  Because just ripping out the payment intangible, all right, leaves the tangible promissory note a worthless piece of paper because there is no debt to evidence.
[01:50:42.000 --> 01:50:48.000]  If there is no debt to evidence, then how do you attach a security instrument to it?
[01:50:48.000 --> 01:50:59.000]  Go back to Carpenter's versus Longan, 1872, you know, a mortgage cannot survive a moment without the debt.
[01:50:59.000 --> 01:51:08.000]  So if the debt had been sold to a RIMIC, then the security instrument cannot survive.
[01:51:08.000 --> 01:51:09.000]  Did you owe somebody?
[01:51:09.000 --> 01:51:12.000]  Yes. All right.
[01:51:12.000 --> 01:51:15.000]  However, that is not the question that you had.
[01:51:15.000 --> 01:51:23.000]  The question should have been, is this the proper party to come forth with this action?
[01:51:23.000 --> 01:51:25.000]  I was not in default.
[01:51:25.000 --> 01:51:28.000]  I could only be in default if there was a holder in due course.
[01:51:28.000 --> 01:51:35.000]  There was a presumption of a deficiency that I will concur with.
[01:51:35.000 --> 01:51:37.000]  Does that help you?
[01:51:37.000 --> 01:51:40.000]  Yes, but there's no assignment to Wells Fargo.
[01:51:40.000 --> 01:51:43.000]  I know.
[01:51:43.000 --> 01:51:53.000]  Again, they're saying we're Wells Fargo successor interest to Acobia, formerly known as World Savings Bank.
[01:51:53.000 --> 01:51:56.000]  Again, you need to work backwards.
[01:51:56.000 --> 01:51:57.000]  Right.
[01:51:57.000 --> 01:52:00.000]  And then you need to go back as far back as you can.
[01:52:00.000 --> 01:52:07.000]  Again, World Savings Bank is a toughie, and you have a fight on your hands.
[01:52:07.000 --> 01:52:12.000]  You've also got to remember, Carlos, that they're not trading the tangible instrument.
[01:52:12.000 --> 01:52:16.000]  They're only trading the intangible promise to pay.
[01:52:16.000 --> 01:52:24.000]  If they were trading the tangible, what we're calling the wet ink signature, the tangible instrument, that has got to be recorded.
[01:52:24.000 --> 01:52:27.000]  An assignment of that instrument has got to be recorded.
[01:52:27.000 --> 01:52:42.000]  But if they're not transferring the entire instrument, only a portion of it, that is the intangible promise to pay, there is no requirement to file a transfer of that element.
[01:52:42.000 --> 01:52:51.000]  It is only the document itself that they have to, if transferred, that they have to file the transfer into county records.
[01:52:51.000 --> 01:52:55.000]  And this is why we're not finding these assignments in the county records.
[01:52:55.000 --> 01:52:58.000]  They're not assigning the tangible instrument.
[01:52:58.000 --> 01:53:05.000]  It's like they cut out the section there that says, I, Carlos, promise to pay whoever.
[01:53:05.000 --> 01:53:09.000]  They cut that out and sold that and transferred it.
[01:53:09.000 --> 01:53:14.000]  There's no law that says that they've got to record that.
[01:53:14.000 --> 01:53:16.000]  Am I wrong there, Joe?
[01:53:16.000 --> 01:53:21.000]  No, again, different states have different statutory requirements for assignments.
[01:53:21.000 --> 01:53:22.000]  Right.
[01:53:22.000 --> 01:53:26.000]  The consequences are what you're going to be looking at.
[01:53:26.000 --> 01:53:27.000]  Right.
[01:53:27.000 --> 01:53:28.000]  The enforceability of it.
[01:53:28.000 --> 01:53:29.000]  Right.
[01:53:29.000 --> 01:53:45.000]  Failure to record an assignment will have consequences when one comes forth with a foreclosure action, not having the proper rights.
[01:53:45.000 --> 01:53:57.000]  Because simple possession of a tangible promissory note with no legal rights is not the same as having legal possession with legal rights.
[01:53:57.000 --> 01:53:58.000]  Correct.
[01:53:58.000 --> 01:54:03.000]  Big, big difference.
[01:54:03.000 --> 01:54:25.000]  However, if you get, Randy, your information, I can get you a copy of a prospectus for World Savings Bank. Again, it may not be a prospectus for your World Savings Bank that you were in, but it will give you an idea of the information that is in this particular one.
[01:54:25.000 --> 01:54:33.000]  It might be easier to send it over to Randy and then Carlos can get it from Randy.
[01:54:33.000 --> 01:54:38.000]  Carlos, send me an email and then I'll link that to it and forward it to you.
[01:54:38.000 --> 01:54:39.000]  Okay.
[01:54:39.000 --> 01:54:42.000]  I don't know how to email.
[01:54:42.000 --> 01:54:43.000]  Wait a minute.
[01:54:43.000 --> 01:54:46.000]  You don't have email?
[01:54:46.000 --> 01:55:02.000]  You need to go out into the middle of the street and stop the first 10-year-old, you see, and have him explain to you that this is the 21st century.
[01:55:02.000 --> 01:55:06.000]  Do you have Skype, Carlos?
[01:55:06.000 --> 01:55:08.000]  I have your email.
[01:55:08.000 --> 01:55:09.000]  I'm going to email you.
[01:55:09.000 --> 01:55:10.000]  Oh, you have my?
[01:55:10.000 --> 01:55:12.000]  I thought you said you had no email.
[01:55:12.000 --> 01:55:14.000]  I'm sorry I was picking on you.
[01:55:14.000 --> 01:55:20.000]  Yeah, send me an email and I will forward that to the prospectus to you.
[01:55:20.000 --> 01:55:21.000]  Okay.
[01:55:21.000 --> 01:55:25.000]  And last question or comment.
[01:55:25.000 --> 01:55:34.000]  On my DETO Trust signature and on my note, one of them is my signature and the other one is 100% different.
[01:55:34.000 --> 01:55:38.000]  I send those documents to a writing expert.
[01:55:38.000 --> 01:55:47.000]  So that's what I'm also going to bring to court because I'm denying that signature on the DETO Trust because that DETO Trust doesn't belong to me.
[01:55:47.000 --> 01:55:48.000]  That signature.
[01:55:48.000 --> 01:55:49.000]  Okay.
[01:55:49.000 --> 01:55:57.000]  On the document with the bogus signature, is it the note or the DETO Trust?
[01:55:57.000 --> 01:55:58.000]  DETO Trust.
[01:55:58.000 --> 01:55:59.000]  DETO Trust.
[01:55:59.000 --> 01:56:00.000]  Okay.
[01:56:00.000 --> 01:56:03.000]  If the DETO Trust has it, who was the notary?
[01:56:03.000 --> 01:56:06.000]  Okay.
[01:56:06.000 --> 01:56:09.000]  Find the notary and go for the notary.
[01:56:09.000 --> 01:56:10.000]  Okay.
[01:56:10.000 --> 01:56:12.000]  Never pull the book.
[01:56:12.000 --> 01:56:13.000]  Right.
[01:56:13.000 --> 01:56:14.000]  Her logbook.
[01:56:14.000 --> 01:56:17.000]  They probably don't have a logbook.
[01:56:17.000 --> 01:56:20.000]  I could not have signed differently within an hour.
[01:56:20.000 --> 01:56:24.000]  Not different.
[01:56:24.000 --> 01:56:26.000]  Not if it's over.
[01:56:26.000 --> 01:56:27.000]  All right.
[01:56:27.000 --> 01:56:28.000]  Thank you.
[01:56:28.000 --> 01:56:29.000]  Okay.
[01:56:29.000 --> 01:56:30.000]  Thank you, Carlos.
[01:56:30.000 --> 01:56:36.000]  Now we're going to go to Rob in New Mexico, if I can get my page to refresh.
[01:56:36.000 --> 01:56:37.000]  There we go.
[01:56:37.000 --> 01:56:38.000]  Okay.
[01:56:38.000 --> 01:56:40.000]  Rob, what do you have for us today?
[01:56:40.000 --> 01:56:43.000]  I got a quick question on collateral estoppel.
[01:56:43.000 --> 01:56:58.000]  I found some SEC documents from when back home loan servicing LP was being put under a permanent injunction for violating the Service Members Relief Act or Protection Act, whatever it was.
[01:56:58.000 --> 01:57:09.000]  And it's claimed in those documents that back home loan servicing is a wholly owned subsidiary of Bank of America Corporation.
[01:57:09.000 --> 01:57:22.000]  Now in my federal court case against back home loan servicing, Bank of America NA is claiming to be successor by merger to back home loan servicing.
[01:57:22.000 --> 01:57:25.000]  Yes.
[01:57:25.000 --> 01:57:28.000]  Well, that would, oh, okay.
[01:57:28.000 --> 01:57:37.000]  So they can't be a wholly owned subsidiary and have been merged with the company as well.
[01:57:37.000 --> 01:57:46.000]  No, Bank of America had sent out, I know what he's talking about, but they tried to correct that.
[01:57:46.000 --> 01:57:59.000]  And they sent out paperwork saying when they were BAC, Bank of America Corporation, home loan servicing, which he's saying is back BAC.
[01:57:59.000 --> 01:58:00.000]  All right.
[01:58:00.000 --> 01:58:12.000]  When Bank of America went to a national association, because now it's Bank of America NA, all right.
[01:58:12.000 --> 01:58:22.000]  So, yes, I understand what he's doing, but it's still the same company.
[01:58:22.000 --> 01:58:25.000]  Okay, we're out of time, Rob.
[01:58:25.000 --> 01:58:28.000]  Sorry we got to you so late.
[01:58:28.000 --> 01:58:32.000]  This is Randy Kelton, David Stevens, Rue of La Radio.
[01:58:32.000 --> 01:58:40.000]  We'll be back Monday with Eddie and Deborah on the traffic show and all of us will be back Thursday and Friday.
[01:58:40.000 --> 01:58:50.000]  Thank you for listening and good night.
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