[00:00.000 --> 00:07.680]  You're listening to the Liberty Beat, your daily source for Liberty news and activist
[00:07.680 --> 00:12.000]  updates, online at thelibertybeat.com.
[00:12.000 --> 00:17.920]  I'm Brian Hagan with your Liberty Beat for Friday, October 11th, 2013.
[00:17.920 --> 00:28.800]  Gold opens today at $1,287, silver at $21.51, and bitcoin is trading at $126.80.
[00:28.800 --> 00:33.680]  Support for the Liberty Beat comes from Brave New Books, Austin's only brick and mortar
[00:33.680 --> 00:37.360]  store carrying tangy tangerine 2.0.
[00:37.360 --> 00:40.680]  Find them online at bravenewbookstore.com.
[00:40.680 --> 00:44.800]  And the Liberty Beat is sponsored by Sons of Liberty Mint, where every week you have
[00:44.800 --> 00:51.120]  the opportunity to win up to four ounces by simply guessing the spot price of silver.
[00:51.120 --> 00:55.440]  Contest details at sonsoflibertyment.com backslash contest.
[00:55.440 --> 01:01.400]  And now, the news.
[01:01.400 --> 01:06.280]  The State Department released a statement yesterday discussing the recent spilling of
[01:06.280 --> 01:10.960]  20,600 barrels of oil in northwestern North Dakota.
[01:10.960 --> 01:15.600]  The oil spilled from a Tesoro Corporation pipeline and is said to be the largest in
[01:15.600 --> 01:16.600]  state history.
[01:16.600 --> 01:24.400]  The oil has been stopped and no water sources were contaminated.
[01:24.400 --> 01:26.120]  And we are live.
[01:26.120 --> 01:31.520]  That can be said for the IndieGoGo campaign, now launched for Sovereign Living the Reality
[01:31.520 --> 01:36.880]  Show, which focuses on the self-sustaining lifestyle of the Blush family, including John
[01:36.880 --> 01:38.960]  Bush and Catherine Bleich.
[01:38.960 --> 01:43.040]  Sovereign Living the Show is a reality-based program following my family and our quest
[01:43.040 --> 01:46.040]  to become self-sufficient and lead a voluntary natural life.
[01:46.040 --> 01:52.200]  This is a new type of informational documentary reality television program.
[01:52.200 --> 01:55.920]  Indie Living is about living your life in a manner that's not dependent on centralized
[01:55.920 --> 01:56.920]  institutions.
[01:56.920 --> 01:59.640]  Three episodes are complete, while more are planned.
[01:59.640 --> 02:04.720]  To make that happen, an IndieGoGo goal of $50,000 is set, with any and all contributions
[02:04.720 --> 02:05.720]  welcome.
[02:05.720 --> 02:10.000]  The crowd-sourced funding will allow production to continue outside mainstream channels, helping
[02:10.000 --> 02:12.240]  the show live up to its sovereign title.
[02:12.240 --> 02:16.520]  Remember, 90.1 Austin and Liberty Beat listeners can see it first.
[02:16.520 --> 02:20.580]  Go to our website, thelibertybeat.com, for the link and all the details.
[02:20.580 --> 02:25.640]  And don't forget to tune in to Coast to Coast AM, Saturday at midnight, to catch John and
[02:25.640 --> 02:28.600]  Catherine discussing the show.
[02:28.600 --> 02:32.840]  Support for the Liberty Beat comes from Carmacazi Productions, the production house bringing
[02:32.840 --> 02:37.520]  you Sovereign Living the Show, specializing in high-quality audio recording and video
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[02:43.160 --> 02:49.440]  And from Central Texas Gunworks, CHL courses, self-defense training, and firearm sales.
[02:49.440 --> 02:52.200]  Tune in at centraltexasgunworks.com.
[02:52.200 --> 02:56.720]  You're listening to the Liberty Beat, born October 11th, 2013.
[02:56.720 --> 03:22.720]  Be sure to check out the website at thelibertybeat.com.
[03:26.720 --> 03:55.360]  And don't forget to tune in to Coast to Coast AM, Saturday at midnight, to catch John and
[03:55.360 --> 04:00.120]  Catherine discussing the show.
[04:00.120 --> 04:28.760]  And don't forget to tune in to Coast to Coast AM, Saturday at midnight, to catch John and
[04:28.760 --> 04:31.760]  Catherine discussing the show.
[04:31.760 --> 04:48.000]  And don't forget to tune in to Coast to Coast AM, Saturday at midnight, to catch John and
[04:48.000 --> 04:59.360]  Catherine discussing the show.
[04:59.360 --> 05:21.800]  And don't forget to tune in to Coast to Coast AM, Saturday at midnight, to catch John and
[05:21.800 --> 05:29.960]  Catherine discussing the show.
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[05:57.200 --> 06:00.200]  Catherine discussing the show.
[06:00.200 --> 06:16.440]  And don't forget to tune in to Coast to Coast AM, Saturday at midnight, to catch John and
[06:16.440 --> 06:27.800]  Catherine discussing the show.
[06:27.800 --> 06:55.040]  And don't forget to tune in to Coast to Coast AM, Saturday at midnight, to catch John and
[06:55.040 --> 06:58.040]  Catherine discussing the show.
[06:58.040 --> 07:14.280]  And don't forget to tune in to Coast to Coast AM, Saturday at midnight, to catch John and
[07:14.280 --> 07:25.840]  Catherine discussing the show.
[07:25.840 --> 07:53.080]  And don't forget to tune in to Coast to Coast AM, Saturday at midnight, to catch John and
[07:53.080 --> 07:57.240]  Catherine discussing the show.
[07:57.240 --> 08:24.480]  And don't forget to tune in to Coast to Coast AM, Saturday at midnight, to catch John and
[08:24.480 --> 08:28.760]  Catherine discussing the show.
[08:28.760 --> 08:53.040]  And don't forget to tune in to Coast to Coast AM, Saturday at midnight, to catch John and
[08:53.040 --> 08:56.040]  Catherine discussing the show.
[08:56.040 --> 09:12.280]  And don't forget to tune in to Coast to Coast AM, Saturday at midnight, to catch John and
[09:12.280 --> 09:23.560]  Catherine discussing the show.
[09:42.520 --> 09:47.760]  So I don't need to argue it.
[09:47.760 --> 09:53.000]  There was a deed of trust from Washington Mutual Bank.
[09:53.000 --> 09:59.960]  And then there was an assignment of substitute trustee by JP Morgan Chase.
[09:59.960 --> 10:04.920]  And I sent a letter to the person who filed it and ordered him to remove it.
[10:04.920 --> 10:06.480]  He didn't remove it within six weeks.
[10:06.480 --> 10:13.920]  So I had a criminal complaint against him under Texas Penal Code 32 something rather,
[10:13.920 --> 10:14.920]  I forget.
[10:14.920 --> 10:25.880]  But there's a statute under Chapter 32 Penal Code, I think it's 79 or something like that.
[10:25.880 --> 10:30.040]  That if you have filed a document in the county record and the document is fraudulent and
[10:30.040 --> 10:37.960]  you are ordered to remove it, you have six weeks to remove it or it's a Class A misdemeanor.
[10:37.960 --> 10:42.120]  I ordered him to remove it and it doesn't say who orders you to remove it, just as you're
[10:42.120 --> 10:43.120]  ordered to.
[10:43.120 --> 10:45.240]  He didn't remove it.
[10:45.240 --> 10:53.000]  So I charged him with a Class A misdemeanor for not removing that assignment.
[10:53.000 --> 10:58.240]  Because there was nothing in the record to indicate to JP Morgan Chase had anything to
[10:58.240 --> 11:01.200]  do with this note.
[11:01.200 --> 11:08.760]  So I told him I saw the transfer and JP Morgan Chase paid zero dollars.
[11:08.760 --> 11:12.800]  So heroin's got no money in it, Judge, I got 10 bucks.
[11:12.800 --> 11:17.320]  It was a $400,000 property.
[11:17.320 --> 11:22.160]  But point was, the law was what it was.
[11:22.160 --> 11:28.480]  And I really don't care what the judge thinks.
[11:28.480 --> 11:35.480]  Now in this case, when they do this kind of thing, I don't think they realize how deep
[11:35.480 --> 11:39.160]  a hole they're digging.
[11:39.160 --> 11:44.280]  We are in the process of preparing the RICO suit against them.
[11:44.280 --> 11:50.720]  The reason I'm talking about this on the air, if we have anybody else out there who is doing
[11:50.720 --> 12:02.200]  something similar, that's trying to help people with foreclosure issues and are getting hammered
[12:02.200 --> 12:08.560]  by the courts, primarily in Texas, we're going to, my major research is in Texas, it's real
[12:08.560 --> 12:11.920]  hard to try to handle cases in all 50 states.
[12:11.920 --> 12:18.680]  So we want to do this in Texas, mostly Dallas, Houston, Austin.
[12:18.680 --> 12:27.000]  We're putting together a RICO suit showing an ongoing criminal conspiracy on the part
[12:27.000 --> 12:38.960]  of justices of the peace to deny their constituents in their rights to preserve their property
[12:38.960 --> 12:43.640]  in order to serve the interests of the banks.
[12:43.640 --> 12:51.780]  We will be suing them in the federal court under the RICO statutes, and we will be filing
[12:51.780 --> 12:55.560]  criminal charges against them.
[12:55.560 --> 12:59.400]  They'll have criminal charges coming out their ears.
[12:59.400 --> 13:05.800]  When this judge ordered this person out of the courtroom and when he objected, she had
[13:05.800 --> 13:12.440]  the bailiff remove him from the courtroom, first we had reason to believe that she had
[13:12.440 --> 13:19.360]  discussed these issues prior to the hearing, so that she was a brand new justice of peace,
[13:19.360 --> 13:21.240]  she just got in office.
[13:21.240 --> 13:26.040]  Somebody had apparently warned her about this person.
[13:26.040 --> 13:35.040]  That was an ex parte communication, and they warned him in a way to influence this person
[13:35.040 --> 13:38.920]  to deny this guy in his rights.
[13:38.920 --> 13:44.640]  That's a criminal conspiracy, Chapter 15 Penal Code.
[13:44.640 --> 13:54.440]  Then she had the bailiff remove him from the building while the bailiff was prominently
[13:54.440 --> 14:03.680]  displaying the deadly weapon, so criminal conspiracy was 15.02 Penal Code.
[14:03.680 --> 14:09.040]  A person commits an offense if he threatens to commit any offense involving violence to
[14:09.040 --> 14:14.640]  any person or property with intent to place any person in fear of imminent serious bodily
[14:14.640 --> 14:26.400]  injury or prevent or interrupt the occupation or use of a building room or place of assembly,
[14:26.400 --> 14:33.080]  place to which the public has access, place of employment or occupation, aircraft, automobile
[14:33.080 --> 14:38.680]  or other form of conveyance or other public place.
[14:38.680 --> 14:46.880]  The bailiff, I've since instructed him to ask the bailiff if his pistol was loaded,
[14:46.880 --> 14:52.320]  and then when he says it is, ask him if he's prepared to use that pistol, and he did that
[14:52.320 --> 14:59.600]  today and the bailiff told him he was, but it's enough that the bailiff threatened him
[14:59.600 --> 15:05.800]  for the purpose of interrupting his access to a public building and did so while prominently
[15:05.800 --> 15:11.240]  displaying a deadly weapon under 22.07 Texas Penal Code.
[15:11.240 --> 15:26.000]  That is a terroristic threat, and he perpetrated this act where he spoke to the person in a
[15:26.000 --> 15:32.360]  way that a reasonable person of ordinary prudence would find offensive in that he threatened
[15:32.360 --> 15:39.040]  him to get out of the courthouse, and he did so while prominently displaying a deadly weapon
[15:39.040 --> 15:46.320]  under 22.02 Texas Penal Code, aggravated assault, a person commits an offense if the person
[15:46.320 --> 15:51.720]  causes assault as defined in 22.01, and that's simple assault.
[15:51.720 --> 15:57.280]  You make statements that a reasonable person would find offensive or you touch someone
[15:57.280 --> 16:04.280]  in a way they would find offensive, it does not require injury or harm, and in the process
[16:04.280 --> 16:07.880]  uses or exhibits a deadly weapon during the commission of the assault.
[16:07.880 --> 16:17.420]  In that case, it's a second degree felony unless the actor, regardless of whether the
[16:17.420 --> 16:23.920]  offense is committed under subsection A-1 or A-2, and A-1 causes bodily injury or uses
[16:23.920 --> 16:27.680]  or exhibits a deadly weapon, in this case it was two.
[16:27.680 --> 16:32.720]  Regardless of whether the offense is committed under A-1 or A-2, the act is committed by
[16:32.720 --> 16:38.880]  a public servant acting under color of the servant's office or employment as a first
[16:38.880 --> 16:42.440]  degree felony, 22 life.
[16:42.440 --> 16:46.560]  These guys are treading deep water, they just don't know it.
[16:46.560 --> 16:51.720]  Hang on, Randy Kelton, Deborah Stevens, Joe Esquivel, Rue Law Radio, our caller number
[16:51.720 --> 17:00.680]  512-646-1984, we'll be right back.
[17:00.680 --> 17:05.320]  Through advances in technology, our lives have greatly improved, except in the area
[17:05.320 --> 17:06.720]  of nutrition.
[17:06.720 --> 17:10.560]  People feed their pets better than they feed themselves, and it's time we changed all
[17:10.560 --> 17:11.560]  that.
[17:11.560 --> 17:17.120]  The primary defense against aging and disease in this toxic environment is good nutrition.
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[17:36.960 --> 17:39.840]  Alex Jones, Ben Fuchs, and many others.
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[18:00.280 --> 18:05.320]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[18:14.760 --> 18:19.600]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.600 --> 18:25.040]  civil rights statutes, what to do when contacted by phones, mail, or court summons, how to
[18:25.040 --> 18:29.560]  answer letters and phone calls, how to get debt collectors out of your credit report,
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[18:41.120 --> 18:47.080]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner,
[18:47.080 --> 18:49.960]  or email michaelmears at yahoo.com.
[18:49.960 --> 18:58.960]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[18:58.960 --> 18:59.960]  collectors now.
[18:59.960 --> 19:08.960]  You are listening to the Logos Radio Network, the Logos Radio Network.com.
[19:08.960 --> 19:09.960]  Thank you, Justin.
[19:09.960 --> 19:10.960]  Yeah.
[19:10.960 --> 19:11.960]  Whoa.
[19:11.960 --> 19:12.960]  The world is spinning like a wheel.
[19:12.960 --> 19:13.960]  The world is spinning like a wheel.
[19:13.960 --> 19:14.960]  The world is spinning like a wheel.
[19:14.960 --> 19:15.960]  The world is spinning like a wheel.
[19:15.960 --> 19:43.040]  The world is spinning like it's out of control, on the edge of a hole, inside a deep dark
[19:43.040 --> 19:44.040]  dome.
[19:44.040 --> 19:50.560]  I'm always on the lookout for something to soothe my soul.
[19:50.560 --> 19:52.200]  UK.
[19:52.200 --> 19:53.200]  We are back.
[19:53.200 --> 19:56.200]  Randy Kelton, Deborah Stevens, Joe Esquivel, Rule of Law Radio.
[19:56.200 --> 20:01.440]  And I didn't want to talk about our sponsors.
[20:01.440 --> 20:05.440]  We are, I guess as always, we're kind of like public radio.
[20:05.440 --> 20:09.400]  We support this ourselves and we're kind of struggling here at the moment.
[20:09.400 --> 20:17.760]  There are a lot of bills that tend to come due at various times and this is one of them.
[20:17.760 --> 20:27.880]  We would greatly appreciate it if you would go to Logos, LogosRadioNetwork.com and click
[20:27.880 --> 20:30.880]  on the sponsor page and look what we have to offer.
[20:30.880 --> 20:41.120]  We've got a number of sponsors, One World Way, it is way good stuff.
[20:41.120 --> 20:44.880]  It is a bit, that way joke didn't work.
[20:44.880 --> 20:54.880]  Anyway, it's a, the superstar of way, it's the natural whole food ingredients, it's good
[20:54.880 --> 21:00.800]  for energy levels, brain function, anti-aging effect, younger looking skin, all listed things.
[21:00.800 --> 21:07.320]  We also have the one, one that really touches my heart, The Noble Lie.
[21:07.320 --> 21:15.840]  The Noble Lie was put out by Chris Emery and Joe Vanden Newenoff and a couple other guys.
[21:15.840 --> 21:18.320]  They worked for four or five years on this.
[21:18.320 --> 21:24.480]  They're from Oklahoma City and The Noble Lie is about the Oklahoma City bombing.
[21:24.480 --> 21:31.840]  And we had him on the show and we worked with him and watched these guys struggle through
[21:31.840 --> 21:35.280]  building this CD.
[21:35.280 --> 21:43.800]  It took them about four or five years to produce this thing and it was an incredible struggle
[21:43.800 --> 21:44.800]  on their part.
[21:44.800 --> 21:52.600]  It is well worth listening to, nothing in Oklahoma City is the way the government wants
[21:52.600 --> 21:54.960]  you to think it is.
[21:54.960 --> 22:03.800]  And we also have Young Jevity, a line of products that I found especially useful.
[22:03.800 --> 22:10.840]  Young Jevity, the Tangy Tangerine is primarily a mineral product.
[22:10.840 --> 22:13.840]  It gives you all your basic minerals.
[22:13.840 --> 22:19.000]  And if you want to lose weight, take minerals.
[22:19.000 --> 22:23.880]  This will tend to loosen you up, it flushes out your system, it cleans out your system,
[22:23.880 --> 22:29.360]  gives you all the, besides giving you all the minerals you need.
[22:29.360 --> 22:36.480]  Taking Young Jevity is like going on a diet, it just knocks the weight off.
[22:36.480 --> 22:43.520]  I was just in Waco a couple weeks ago, Deborah and Jerry had a gig down there and I was just
[22:43.520 --> 22:49.240]  absolutely amazed at how much weight Deborah has lost just from the Young Jevity.
[22:49.240 --> 22:55.840]  We also have Michael Maris on debt collection.
[22:55.840 --> 23:05.120]  If you have a credit card or something, and we have one caller in here that he had two
[23:05.120 --> 23:11.600]  credit card debt collectors pay him money to go away and leave him alone.
[23:11.600 --> 23:15.360]  And he was complaining that he didn't have any more credit cards to beat him up with
[23:15.360 --> 23:17.080]  using the Mike Maris method.
[23:17.080 --> 23:26.040]  And of course we've got jurisdiction area, we talk about jurisdiction area all the time.
[23:26.040 --> 23:33.400]  But last night I was talking to someone and I had to tell her that you can't fight your
[23:33.400 --> 23:37.520]  own issue at this point.
[23:37.520 --> 23:43.520]  You don't know enough so I can actually converse with you about this.
[23:43.520 --> 23:48.780]  And I'm sorry, this was not a girl, it was this guy from New York.
[23:48.780 --> 23:55.520]  And he obviously didn't know enough to understand what the document was he was trying to read
[23:55.520 --> 23:56.680]  to me.
[23:56.680 --> 24:01.320]  So I had to tell him, you don't know enough for me to be able to really help you.
[24:01.320 --> 24:11.440]  Go get jurisdiction area, go through jurisdiction area, then we can talk, then we can do strategy.
[24:11.440 --> 24:15.440]  Then you will have the basic information you need so that I can help you.
[24:15.440 --> 24:22.520]  Oh, and cell phones, we've got a cell phone company, if you want a cell phone that guards
[24:22.520 --> 24:29.080]  your privacy, this is one of the services where you don't have a contract and you pay
[24:29.080 --> 24:33.920]  monthly and you don't have all your information out there.
[24:33.920 --> 24:36.640]  And of course we've got capital coin and bullion.
[24:36.640 --> 24:41.960]  But if you can use easy, capital coin and bullion, we were talking about them last week
[24:41.960 --> 24:51.540]  because I wanted them to set up a bank where I deposit funds with them and they hold my
[24:51.540 --> 25:02.120]  funds in a silver account so that if I give them $31, they credit me an ounce of silver.
[25:02.120 --> 25:08.520]  And if silver goes up to $50, I still have an ounce of silver.
[25:08.520 --> 25:16.200]  If we could convert to a hard currency, we wouldn't have to worry about this coming crash
[25:16.200 --> 25:19.760]  that the dollar is looking at.
[25:19.760 --> 25:26.600]  So anyway, enough of that, just if you can and you need any of these kinds of products,
[25:26.600 --> 25:28.080]  get it from us.
[25:28.080 --> 25:29.680]  We can sure use the help.
[25:29.680 --> 25:35.880]  We don't like, you know, we ask for donations, but we'd rather not, we'd rather earn it.
[25:35.880 --> 25:43.400]  We'd much rather earn it by our sponsors getting more business from our show and that gives
[25:43.400 --> 25:47.880]  us a better deal with the sponsors and everybody wins that way.
[25:47.880 --> 25:49.280]  Okay.
[25:49.280 --> 25:53.120]  Getting past that, back to where I was.
[25:53.120 --> 25:59.680]  For the most part, these public officials do not have a clue of how deep the water is
[25:59.680 --> 26:08.240]  when they start this kind of self-serving, arrogant nonsense that they've been doing.
[26:08.240 --> 26:14.840]  These are serious crimes and one of the primary things they don't understand is they seem
[26:14.840 --> 26:21.120]  to think that when you or I or one of us come before them, that we are citizens.
[26:21.120 --> 26:28.680]  Well, we may be citizens, but when we come before them, we don't come before them in
[26:28.680 --> 26:32.000]  our capacity as a citizen.
[26:32.000 --> 26:36.440]  I like to think sovereign, but sovereign's got so much bad press lately.
[26:36.440 --> 26:40.840]  I have another term that I prefer to use.
[26:40.840 --> 26:47.600]  When I go to court, I go before a public servant.
[26:47.600 --> 26:58.600]  The bailiff, the clerk, the prosecutor, the judge, they are all public servants and me,
[26:58.600 --> 27:04.560]  I am the master and they are not to forget it.
[27:04.560 --> 27:15.720]  I as a single sovereign without subjects in this Republic personally granted them their
[27:15.720 --> 27:21.240]  authority to act in accordance with my law.
[27:21.240 --> 27:27.640]  Breach one of those, we have a problem and I will give you that problem and I'm hoping
[27:27.640 --> 27:34.040]  by this show to encourage other people to take the same position.
[27:34.040 --> 27:38.440]  We are the masters, but we have not been acting like the masters.
[27:38.440 --> 27:42.120]  When you start looking at what they're doing, here all she did was tell the bailiff, get
[27:42.120 --> 27:45.560]  this man out of my court.
[27:45.560 --> 27:51.920]  Criminal conspiracy, official oppression, 39.03 penal code, public official exerts or purports
[27:51.920 --> 27:57.960]  to exert an authority he does not expressly have, that's a class A misdemeanor.
[27:57.960 --> 28:02.320]  Making a terroristic threat, first degree felony, aggravated assault, that's what that
[28:02.320 --> 28:04.800]  amounted to.
[28:04.800 --> 28:12.760]  I don't think she quite realized that and if we get a few of them to realize that, then
[28:12.760 --> 28:21.560]  we'll have opportunity to go in and exercise our rights and we intend to do just exactly
[28:21.560 --> 28:22.560]  that.
[28:22.560 --> 28:27.480]  If anybody else is in this kind of business or you're in foreclosure and fighting for
[28:27.480 --> 28:33.720]  your rights and being rolled over by the judges, contact us, let us know.
[28:33.720 --> 28:42.720]  We need all of the anecdotal information we can to bring as strong a suit as we can and
[28:42.720 --> 28:48.000]  all of the criminal complaints we can develop and start keeping criminal complaints on these
[28:48.000 --> 28:52.680]  prosecutors and hammer them when they don't respond to it.
[28:52.680 --> 29:00.240]  Okay, we are, I'm going to stop on this for tonight, enough harping I guess, but if anybody
[29:00.240 --> 29:07.840]  is in a foreclosure issue and you're fighting it, send me an email, randy at we will get
[29:07.840 --> 29:14.800]  in touch with you and see if we can get enough criminal complaints and maybe even join our
[29:14.800 --> 29:19.520]  RICO suit if you're interested, we'll talk about that.
[29:19.520 --> 29:24.400]  When we come back on the other side, we're going to go to Mark who has a question for
[29:24.400 --> 29:31.560]  Joe and Joe Esquivel is here, I've just been blabbing and didn't give him an opportunity
[29:31.560 --> 29:38.760]  to get a word in edgewise, but we will pick this up on the other side, we have two Marks
[29:38.760 --> 29:43.960]  from Wisconsin and the phone lines are open and we'll have the phone lines open for the
[29:43.960 --> 29:44.960]  rest of the night.
[29:44.960 --> 29:53.720]  This is Randy Kelton, Deborah Stevens, Joe Esquivel, our call in number, 512-646-1984,
[29:53.720 --> 29:58.160]  give us a call, earlier the better, it tends to build up toward the end, we'll be right
[29:58.160 --> 29:59.160]  back.
[29:59.160 --> 30:06.120]  Used to be you could trust a hacker, sure they broke into computer systems, but most
[30:06.120 --> 30:10.560]  lived by a code of ethics, but as WikiLeaks informant Bradley Manning found out things
[30:10.560 --> 30:11.560]  have changed.
[30:11.560 --> 30:15.800]  I'm Dr. Catherine Albrecht and I'll tell you more in a moment.
[30:15.800 --> 30:20.160]  Privacy is under attack, when you give up data about yourself, you'll never get it back
[30:20.160 --> 30:25.760]  again and once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.760 --> 30:31.320]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:31.320 --> 30:33.520]  Privacy, it's worth hanging on to.
[30:33.520 --> 30:37.820]  This public service announcement is brought to you by Startpage.com, the private search
[30:37.820 --> 30:41.360]  engine alternative to Google, Yahoo and Bing.
[30:41.360 --> 30:43.400]  Get over with Startpage.
[30:43.400 --> 30:49.520]  Honest hackers live by a code that emphasizes sharing, openness, free access to computers
[30:49.520 --> 30:53.720]  and world improvement and they typically have a healthy mistrust of authority that helps
[30:53.720 --> 30:55.080]  keep us all safer.
[30:55.080 --> 30:58.600]  For example, hackers have exposed serious flaws in technology.
[30:58.600 --> 31:02.560]  They forewarned us that contactless credit card numbers could be siphoned right through
[31:02.560 --> 31:03.560]  our wallets.
[31:03.560 --> 31:08.040]  They also prove that human chip implants can be cloned, allowing criminals to pretend to
[31:08.040 --> 31:09.040]  be someone else.
[31:09.040 --> 31:13.040]  But these days, be careful which hackers you trust with your secrets.
[31:13.040 --> 31:17.840]  According to the Hacker Quarterly, one in four hackers is now an FBI informant.
[31:17.840 --> 31:21.120]  Many have been forced into government service to avoid jail time.
[31:21.120 --> 31:30.520]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:30.520 --> 31:35.880]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:35.880 --> 31:38.040]  The government says that fire brought it down.
[31:38.040 --> 31:42.960]  Over 1,500 architects and engineers have concluded it was a controlled demolition.
[31:42.960 --> 31:45.800]  Over 6,000 of my fellow service members have given their lives.
[31:45.800 --> 31:48.400]  Thousands of my fellow first responders have died.
[31:48.400 --> 31:49.800]  I'm not a conspiracy theorist.
[31:49.800 --> 31:50.800]  I'm a structural engineer.
[31:50.800 --> 31:52.240]  I'm a New York City correctional.
[31:52.240 --> 31:53.240]  I'm an Air Force pilot.
[31:53.240 --> 31:54.880]  I'm a father who lost his son.
[31:54.880 --> 31:57.480]  We're Americans and we deserve the truth.
[31:57.480 --> 32:00.840]  Go to RememberBuilding7.org today.
[32:00.840 --> 32:04.400]  You feel tired when talking about important topics like money and politics?
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[32:09.200 --> 32:13.000]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[32:13.000 --> 32:18.520]  Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity
[32:18.520 --> 32:19.760]  at an early age.
[32:19.760 --> 32:23.720]  I had no idea that the number one cause of the disease is found in almost every home
[32:23.720 --> 32:25.760]  in America, the television.
[32:25.760 --> 32:30.840]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
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[32:44.400 --> 32:51.640]  anybody you know suffers from stupidity, then you need to call 512-480-2503 or visit them
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[32:58.640 --> 33:01.160]  and an overall increase in mental functioning.
[33:01.160 --> 33:08.160]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:31.160 --> 33:56.520]  Okay.
[33:56.520 --> 33:57.520]  We are back.
[33:57.520 --> 34:03.040]  I'm Randy Kelton, Deborah Stevens, Joe Esquivel, who's our radio, and we're going to go to
[34:03.040 --> 34:06.040]  Mark in Wisconsin.
[34:06.040 --> 34:07.960]  Now I've got two Marks in Wisconsin.
[34:07.960 --> 34:11.160]  We're going to the 414 area code Mark.
[34:11.160 --> 34:12.160]  Okay.
[34:12.160 --> 34:16.480]  Go ahead, Mark, if you had a question or comment.
[34:16.480 --> 34:20.520]  Well, most certainly, Mr. Kelton, can you hear me tonight?
[34:20.520 --> 34:22.520]  Yes, I can.
[34:22.520 --> 34:24.520]  All right.
[34:24.520 --> 34:28.320]  I'm having a little trouble with your strange foreign accent.
[34:28.320 --> 34:33.520]  You're obviously not from Texas, but we'll struggle through.
[34:33.520 --> 34:35.520]  All right.
[34:35.520 --> 34:44.960]  Now, as the listeners may well understand, historically, one cannot sue in civil court
[34:44.960 --> 34:51.520]  someone over perjurious statements that they've made in a court case.
[34:51.520 --> 34:52.520]  That's true.
[34:52.520 --> 34:59.520]  That is typically reserved for the prosecutor to take care of.
[34:59.520 --> 35:06.520]  However, in researching this matter, one state has made a change to their law in Virginia.
[35:06.520 --> 35:09.520]  I'm looking to accomplish the same in Wisconsin.
[35:09.520 --> 35:15.520]  Now, of course, not being an attorney, I do not follow a foul of the attorney rules about
[35:15.520 --> 35:18.520]  publicity of a case, et cetera.
[35:18.520 --> 35:26.520]  But, and since this is a political game, is it better for me to approach the legislature
[35:26.520 --> 35:32.520]  and ask for the changes law and then file the small claims action suit?
[35:32.520 --> 35:37.520]  Or should I file the suit and then go to the legislature?
[35:37.520 --> 35:47.520]  I would look at filing the suit and making the claim under full-facing credit.
[35:47.520 --> 35:49.520]  Okay.
[35:49.520 --> 35:58.520]  If Wisconsin does not have this particular law, but another legislature has looked at
[35:58.520 --> 36:11.520]  this issue and determined that a law for this purpose was relevant and necessary, then under
[36:11.520 --> 36:17.520]  the doctrine of full faith and credit, you can pull that law from Virginia to Wisconsin.
[36:17.520 --> 36:19.520]  Okay.
[36:19.520 --> 36:23.520]  And you can use that as the argument.
[36:23.520 --> 36:25.520]  Right.
[36:25.520 --> 36:27.520]  All right.
[36:27.520 --> 36:32.520]  That's scary business.
[36:32.520 --> 36:38.520]  Well, in the particular instance, he said that he did not, it was not within his knowledge
[36:38.520 --> 36:41.520]  to know who the owners of the business were.
[36:41.520 --> 36:50.520]  And I now have four affidavits of the five owners stating, no, he knew who we were.
[36:50.520 --> 36:51.520]  Okay.
[36:51.520 --> 37:02.520]  The reason I say that's deep water, because if Virginia has that statute in place, it
[37:02.520 --> 37:09.520]  is going to have an incredibly chilling effect against anyone who would testify in court.
[37:09.520 --> 37:17.520]  Because if someone testifies in court and somebody else disagrees with them, they can
[37:17.520 --> 37:18.520]  be sued.
[37:18.520 --> 37:23.520]  So if I was in Virginia, I'm not saying a word.
[37:23.520 --> 37:29.520]  I'm not going to be sued unless there are special stipulations.
[37:29.520 --> 37:36.520]  Well, and that's what I'm going to have to dig up is the special stipulations, et cetera.
[37:36.520 --> 37:44.520]  The other thing that I have found, apparently lying and putting forth another party when
[37:44.520 --> 37:51.520]  they didn't want to be the party and are denying being the party on a trademark app isn't
[37:51.520 --> 37:55.520]  enough for the trademark to be considered rejected.
[37:55.520 --> 38:00.520]  I found that out this week.
[38:00.520 --> 38:04.520]  I have absolutely no idea what you're talking about.
[38:04.520 --> 38:10.520]  Basically, when you fill out your trademark app, you have to put forward someone, list
[38:10.520 --> 38:16.520]  them as the owner and the person who's filling out the trademark application.
[38:16.520 --> 38:21.520]  I have evidence that the person listed on the trademark application didn't actually
[38:21.520 --> 38:23.520]  file the trademark.
[38:23.520 --> 38:33.520]  So I brought that up to the trademark attorneys involved at the federal level and asked for
[38:33.520 --> 38:36.520]  them to reject the trademark because of that flaw.
[38:36.520 --> 38:45.520]  It was told, nope, there's even adjudicated case law that having a false person put forward
[38:45.520 --> 38:51.520]  as the owner and applicant isn't enough to get it rejected.
[38:51.520 --> 39:03.520]  Is that where the true owner would authorize the non-owner to put forth the application?
[39:03.520 --> 39:10.520]  The details weren't clear to me, whether it's the true owner versus the not true owner or
[39:10.520 --> 39:18.520]  if it fell under a, there's an entirely different dispute process involving different parties.
[39:18.520 --> 39:26.520]  But pointing out that the person who is listed as the applicant wasn't actually the applicant,
[39:26.520 --> 39:30.520]  that's not enough to get it rejected.
[39:30.520 --> 39:35.520]  Okay, I'm still not sure what that means.
[39:35.520 --> 39:45.520]  How does someone who is listed as the applicant, so whoever wrote this up forge their signature?
[39:45.520 --> 39:50.520]  Yeah, forge their electronic signature because of course everything is electronic.
[39:50.520 --> 39:53.520]  Oh, okay, hold on, hold on.
[39:53.520 --> 39:58.520]  Joe, you want to pipe up on electronic signature?
[39:58.520 --> 40:04.520]  Well, it depends if it pertains to real property or personal property.
[40:04.520 --> 40:15.520]  If it's personal property, then UEA and eSign do apply under eSign and UEA.
[40:15.520 --> 40:20.520]  Yes, they would apply and they could do electronic signatures all day long.
[40:20.520 --> 40:30.520]  But didn't the electronic signature thing require permission or agreement by parties?
[40:30.520 --> 40:35.520]  You might read 15 U.S. Code 700123.
[40:35.520 --> 40:37.520]  Okay.
[40:37.520 --> 40:40.520]  That goes to electronic signatures.
[40:40.520 --> 40:48.520]  Yeah, I know that electronic signatures within the state of Wisconsin want the parties to agree
[40:48.520 --> 40:55.520]  and only certain things were able to be electronically signed.
[40:55.520 --> 41:00.520]  This is a government agency, they have probably agreed to it.
[41:00.520 --> 41:01.520]  Correct.
[41:01.520 --> 41:07.520]  I would think that besides the fact that the application says if you're lying you're in trouble,
[41:07.520 --> 41:13.520]  paraphrasing the paragraph there, and of course under Computer Fraud and Abuse Act
[41:13.520 --> 41:16.520]  you'd have pretending to be somebody that you're not.
[41:16.520 --> 41:29.520]  So there's plenty for someone to go after, but getting someone interested in that issue has been problematic.
[41:29.520 --> 41:31.520]  That's often the case.
[41:31.520 --> 41:36.520]  Public officials don't want to work any harder than they can avoid,
[41:36.520 --> 41:43.520]  and they don't want to take a case on unless it's politically advantageous to them
[41:43.520 --> 41:50.520]  to think that they would do something because it was the right thing to do.
[41:50.520 --> 41:54.520]  Funny, funny.
[41:54.520 --> 41:56.520]  Nobody does that.
[41:56.520 --> 42:02.520]  Nobody in government, they only do what's politically advantageous to them.
[42:02.520 --> 42:08.520]  So how do you make it politically advantageous for them to go after this guy?
[42:08.520 --> 42:14.520]  Well, that's why I was asking the order in which I should go ahead and approach this
[42:14.520 --> 42:18.520]  of going to the legislature first and then filing the suit
[42:18.520 --> 42:22.520]  versus filing the suit and then going to the legislature.
[42:22.520 --> 42:30.520]  You might go to the legislature if you craft a white paper.
[42:30.520 --> 42:32.520]  You know what a white paper is.
[42:32.520 --> 42:40.520]  Yes, I was also thinking of pulling an eddy and getting the drafting manual for the state legislature and draft.
[42:40.520 --> 42:42.520]  That would be a great idea.
[42:42.520 --> 42:49.520]  And you know, circulate that along with the pure stack of BS
[42:49.520 --> 42:53.520]  that this gentleman has managed to generate the last eight years.
[42:53.520 --> 42:56.520]  Okay, hang on, hang on, let me make a suggestion.
[42:56.520 --> 43:03.520]  If you're going to propose legislation or change the legislation, do not make it partisan.
[43:03.520 --> 43:05.520]  Do not make it personal.
[43:05.520 --> 43:07.520]  Make it generic.
[43:07.520 --> 43:11.520]  Don't go in there and say somebody did something that I don't like,
[43:11.520 --> 43:19.520]  so I want you to write new legislation so this person won't do something to me again that I don't like.
[43:19.520 --> 43:21.520]  They are not going to listen to that.
[43:21.520 --> 43:26.520]  When you start pointing a finger, they're going to stop listening, I guarantee it.
[43:26.520 --> 43:29.520]  Because they're politicians, they're afraid of the political fallout.
[43:29.520 --> 43:32.520]  You have to sell this to them straight up.
[43:32.520 --> 43:40.520]  And when I come back, I will address briefly what a white paper is for those who don't know what that is.
[43:40.520 --> 43:44.520]  And it goes to politicians, they don't have time to do all the homework
[43:44.520 --> 43:47.520]  and the white paper is doing all the homework for them.
[43:47.520 --> 43:49.520]  We'll address that when we come back.
[43:49.520 --> 43:53.520]  This is Bradley Kelton, Douglas Stevens, Joe Espavell, Wheel of Law Radio.
[43:53.520 --> 43:57.520]  I'll call it number 512-646-1984.
[43:57.520 --> 44:22.520]  We'll be right back.
[44:27.520 --> 44:49.520]  All right.
[44:49.520 --> 45:04.520]  Are you the plaintiff or defendant in a lawsuit?
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[45:07.520 --> 45:15.520]  the affordable, easy to understand, poor CD course that will show you how in 24 hours, step by step.
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[45:52.520 --> 46:14.520]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[46:14.520 --> 46:32.520]  Okay, we are back.
[46:32.520 --> 46:35.520]  Randy Kelton, Deborah Stevens, Rule of Law Radio.
[46:35.520 --> 46:38.520]  Oh yeah, there is a Joe.
[46:38.520 --> 46:50.520]  Anyway, Joe Esquivel and on the break, Steve Skidmore brought up an interesting point.
[46:50.520 --> 46:56.520]  Mark, if what he was saying and it does seem to have merit,
[46:56.520 --> 47:05.520]  if you file suit before you go to the legislature, even if you got your legislation,
[47:05.520 --> 47:09.520]  you would have grandfathered your issue.
[47:09.520 --> 47:10.520]  Okay.
[47:10.520 --> 47:16.520]  But in the end, that probably won't matter because if the issue is grandfathered, it's grandfathered.
[47:16.520 --> 47:26.520]  When the offense allegedly or the tort allegedly occurred, then he could not be sued.
[47:26.520 --> 47:29.520]  That's not going to change because they passed new legislation.
[47:29.520 --> 47:33.520]  They can't pass legislation expo facto.
[47:33.520 --> 47:34.520]  Right.
[47:34.520 --> 47:40.520]  So the only way, in the end, it's all political.
[47:40.520 --> 47:46.520]  And this would depend on what you want to do with the suit.
[47:46.520 --> 47:49.520]  When I spoke earlier about going to the legislature,
[47:49.520 --> 47:59.520]  if you could go to the legislature and get a couple of legislators to indicate interest in the legislation,
[47:59.520 --> 48:05.520]  then you could go back to the courts and say you've got legislators that are interested in passing this law,
[48:05.520 --> 48:10.520]  and we need you to give us a ruling that we can then take to the legislature
[48:10.520 --> 48:14.520]  and show why there's a problem with the way things are.
[48:14.520 --> 48:23.520]  But in the end, this guy is going to be grandfathered because at the time,
[48:23.520 --> 48:38.520]  while he can be prosecuted civilly, I mean criminally, he acted under a very specific protection.
[48:38.520 --> 48:43.520]  And you can't unprotect him expo facto.
[48:43.520 --> 48:44.520]  Okay.
[48:44.520 --> 48:50.520]  What I would suggest is you hammer the, run the routine on the prosecutor.
[48:50.520 --> 48:53.520]  Just make the prosecutor's life living hell.
[48:53.520 --> 49:00.520]  You would be much more likely to be able to twist the prosecutor's arm
[49:00.520 --> 49:04.520]  and annoy him enough to get him to actually do something about this
[49:04.520 --> 49:10.520]  than you are likely to get a legislative change.
[49:10.520 --> 49:12.520]  Oh, white paper.
[49:12.520 --> 49:14.520]  I was supposed to tell you what a white paper was.
[49:14.520 --> 49:21.520]  White paper, if you want legislative change, then the legislator,
[49:21.520 --> 49:27.520]  he has so many issues in front of him, he does not have time to do the homework.
[49:27.520 --> 49:33.520]  So you need to completely research out the issue that you want changed.
[49:33.520 --> 49:43.520]  And looking at the guidelines for writing legislation is really important.
[49:43.520 --> 49:49.520]  You need to be able to put a complete package in the legislator's hands.
[49:49.520 --> 49:54.520]  You include arguments for, arguments against, the arguments against
[49:54.520 --> 49:57.520]  so that you can show how to counter those arguments.
[49:57.520 --> 50:01.520]  He needs to have all the information, all the ammunition he's going to need
[50:01.520 --> 50:09.520]  to get this thing pushed through the legislature if you're going to ask him to step on the dot.
[50:09.520 --> 50:13.520]  If you just come to him and you want him to do something,
[50:13.520 --> 50:18.520]  he's not going to spend his resources doing all this research for you.
[50:18.520 --> 50:25.520]  So the research, putting the whole thing together, that's what's called a white paper.
[50:25.520 --> 50:27.520]  Okay, Mark, I interrupted you.
[50:27.520 --> 50:28.520]  All right.
[50:28.520 --> 50:35.520]  Should I also go ahead and attempt to solicit from the local prosecutors
[50:35.520 --> 50:45.520]  how often they bother going after perjury cases that are not criminal?
[50:45.520 --> 50:46.520]  There might be a really good idea.
[50:46.520 --> 50:52.520]  If they show never, then you go after them for misfeasance in office.
[50:52.520 --> 50:54.520]  Okay.
[50:54.520 --> 51:01.520]  How can you create negative politics for the prosecutor?
[51:01.520 --> 51:05.520]  That's a place where you've got leverage.
[51:05.520 --> 51:07.520]  How about this, Jim?
[51:07.520 --> 51:16.520]  He's been accused in another county of offering a $1,000 bribe to an attorney to lie for him.
[51:16.520 --> 51:27.520]  In my particular case, the judge acted improperly multiple times.
[51:27.520 --> 51:33.520]  How about if I accuse him of having paid the judge a bribe?
[51:33.520 --> 51:35.520]  You better prove it before you go into that.
[51:35.520 --> 51:37.520]  No, no, no.
[51:37.520 --> 51:43.520]  Somebody, I was talking about this criminal complaint I was reading earlier,
[51:43.520 --> 51:48.520]  and what I wanted to allege in there is the reason this JP did that
[51:48.520 --> 51:54.520]  is she talked to another JP against whom he had filed a judicial conduct complaint.
[51:54.520 --> 51:57.520]  He said, well, we don't know if she talked to him or not.
[51:57.520 --> 52:00.520]  I said, who cares?
[52:00.520 --> 52:03.520]  It looks like she did.
[52:03.520 --> 52:06.520]  So let her prove she didn't.
[52:06.520 --> 52:09.520]  This is not a civil suit.
[52:09.520 --> 52:13.520]  In a civil suit, you have to be able to back up your accusations.
[52:13.520 --> 52:16.520]  You don't have to in a criminal.
[52:16.520 --> 52:22.520]  All you have to do is have reason to believe and do believe.
[52:22.520 --> 52:24.520]  It's clear she talked to somebody,
[52:24.520 --> 52:30.520]  and you got this judge committing these crimes to this guy's benefit.
[52:30.520 --> 52:35.520]  Well, if there was a criminal conspiracy to bribe the judge,
[52:35.520 --> 52:38.520]  the judge is not going to tell you.
[52:38.520 --> 52:45.520]  That can be implied from his actions.
[52:45.520 --> 52:48.520]  Let him prove he didn't, and just try proving a negative.
[52:48.520 --> 52:50.520]  Good luck.
[52:50.520 --> 52:53.520]  That will make a lot of great politics.
[52:53.520 --> 52:57.520]  Well, the other thing is the judge who oversees the courthouse
[52:57.520 --> 53:00.520]  where this all happened is in a different county.
[53:00.520 --> 53:04.520]  So I get to go and visit a judge in an entirely different building,
[53:04.520 --> 53:12.520]  an entirely different county for what happened in my particular case in another country.
[53:12.520 --> 53:17.520]  Oh, that is so good because when you go in and do this stuff,
[53:17.520 --> 53:20.520]  when you go in and start kicking them around,
[53:20.520 --> 53:22.520]  and the phone lines start lighting up,
[53:22.520 --> 53:27.520]  and they're all yakking back and forth and kicking this around between them.
[53:27.520 --> 53:29.520]  Oh, what can he do?
[53:29.520 --> 53:33.520]  What happens if he gets this before a grand jury?
[53:33.520 --> 53:36.520]  What could happen to us?
[53:36.520 --> 53:42.520]  These guys that operate this system are terrified of it.
[53:42.520 --> 53:46.520]  They know how bad they screw everybody.
[53:46.520 --> 53:50.520]  They know more than you do about how bad people get screwed.
[53:50.520 --> 53:52.520]  They don't want to be thrown into the system
[53:52.520 --> 53:57.520]  where they'll get the screw and they've been given to everybody else.
[53:57.520 --> 54:00.520]  So when you start going after these guys,
[54:00.520 --> 54:03.520]  they're not going to tell you that you're really getting their attention.
[54:03.520 --> 54:07.520]  They don't want you to know that.
[54:07.520 --> 54:14.520]  You know that when they start calling you sir or mister.
[54:14.520 --> 54:18.520]  Hello, Mr. Kelton. What can I do for you, Mr. Kelton?
[54:18.520 --> 54:22.520]  That's when I know I got their attention.
[54:22.520 --> 54:27.520]  So I don't think you'll get it with the legislation,
[54:27.520 --> 54:32.520]  but a prosecutor is an easy mark.
[54:32.520 --> 54:34.520]  Yeah. All right.
[54:34.520 --> 54:41.520]  Well, I'll let you get on to the other mark out of, I believe, 608 area code there.
[54:41.520 --> 54:43.520]  And thank you for taking the call.
[54:43.520 --> 54:45.520]  Madison's 262.
[54:45.520 --> 54:51.520]  Oh, 262. Okay. I thought he was out of Madison.
[54:51.520 --> 54:53.520]  I thought you were out of Madison.
[54:53.520 --> 54:57.520]  No, I'm out of Milwaukee. 414 is Milwaukee.
[54:57.520 --> 55:00.520]  Well, it's not that far from Madison.
[55:00.520 --> 55:01.520]  Yeah.
[55:01.520 --> 55:07.520]  Okay. You're not the mark that used to broadcast out of Madison?
[55:07.520 --> 55:10.520]  No, no, I'm not.
[55:10.520 --> 55:14.520]  You've got another mark in Madison.
[55:14.520 --> 55:19.520]  I almost ran into a smokestack in Madison.
[55:19.520 --> 55:21.520]  Okay.
[55:21.520 --> 55:28.520]  I was flying an airplane and I wasn't as careful as I could have been.
[55:28.520 --> 55:32.520]  And then I almost got ran over by a 707 in Madison.
[55:32.520 --> 55:36.520]  I mean in Milwaukee. Marshall Field in Milwaukee.
[55:36.520 --> 55:40.520]  That doesn't surprise me to get to Milwaukee.
[55:40.520 --> 55:43.520]  They cleared me right in front of it.
[55:43.520 --> 55:46.520]  Anyway. Okay.
[55:46.520 --> 55:48.520]  Okay. Thank you, Mark. We will go to...
[55:48.520 --> 55:50.520]  Thank you, sir. Bye-bye.
[55:50.520 --> 55:56.520]  Okay. We're done with Mark. Now we're going to go to Mark.
[55:56.520 --> 55:58.520]  Hello, Mark.
[55:58.520 --> 55:59.520]  Hello there.
[55:59.520 --> 56:01.520]  We were just talking to Mark.
[56:01.520 --> 56:04.520]  We got done with Mark, so now we're talking to Mark.
[56:04.520 --> 56:08.520]  I'm from the Hartford area. I've spoken with you guys in the past.
[56:08.520 --> 56:12.520]  And Joe had done a chain of pedal search for me.
[56:12.520 --> 56:14.520]  Fantastic document. Very well pleased.
[56:14.520 --> 56:19.520]  And I went to a summary judgment hearing on Thursday, October 3rd.
[56:19.520 --> 56:25.520]  And the judge completely ignored my motion to dismiss, ignored the affidavit.
[56:25.520 --> 56:29.520]  And he ruled, of course, in favor of the plaintiff.
[56:29.520 --> 56:32.520]  So my next step is to file an appeal.
[56:32.520 --> 56:39.520]  And the reason I'm on this call tonight is to just get some pointers on the sequential operation.
[56:39.520 --> 56:43.520]  Are you in the state or fed?
[56:43.520 --> 56:46.520]  I'm sorry to say that again.
[56:46.520 --> 56:48.520]  You're in the state court or the federal court?
[56:48.520 --> 56:52.520]  State court.
[56:52.520 --> 56:58.520]  Did the judge provide points and authorities in his ruling?
[56:58.520 --> 57:02.520]  No, he made a mockery of my statements.
[57:02.520 --> 57:04.520]  Okay, this is what you do.
[57:04.520 --> 57:11.520]  You prepare findings of fact and conclusions at law.
[57:11.520 --> 57:15.520]  These are the facts in the case before the court.
[57:15.520 --> 57:19.520]  This is the law applying to those facts.
[57:19.520 --> 57:24.520]  These are the decisions you should have come to.
[57:24.520 --> 57:30.520]  You file a motion for findings of fact and conclusions at law
[57:30.520 --> 57:40.520]  and ask the judge to prepare a findings of fact and conclusions at law on which he made his opinion or made his ruling
[57:40.520 --> 57:44.520]  or accept the one that you offer.
[57:44.520 --> 57:54.520]  The reason I ask if it was state or federal because if it's federal, then you would call it a motion for reconsideration.
[57:54.520 --> 58:00.520]  But you need the findings of fact and conclusions at law in order to perfect your appeal.
[58:00.520 --> 58:05.520]  And when you file that, that stops the appeal clock.
[58:05.520 --> 58:17.520]  And it'll probably make him swallow his gum because then he realizes he's got a pro se that knows something about how to go after it.
[58:17.520 --> 58:22.520]  Okay, hang on. We are about to go to break.
[58:22.520 --> 58:31.520]  If you listen to the first part of the show, you might get the idea that we take great pride in going after judges.
[58:31.520 --> 58:34.520]  Turns out judges are really easy marks.
[58:34.520 --> 58:38.520]  Okay, this is Randy Kelton, Denver Stevens, Joe Esquivel,
[58:38.520 --> 58:43.520]  Rue of Law Radio, our call in number 512-646-1984.
[58:43.520 --> 58:50.520]  We'll be right back.
[58:50.520 --> 58:54.520]  Would you like to make more definite progress in your walk with God?
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[59:33.520 --> 59:40.520]  call Bibles for America toll free at 888-551-0102.
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[59:44.520 --> 01:00:02.520]  Or visit us online at bfa.org.
[01:00:02.520 --> 01:00:11.520]  You're listening to the Liberty Beat, your daily source for Liberty news and activist updates, online at thelibertybeat.com.
[01:00:11.520 --> 01:00:17.520]  I'm Brian Hagan with your Liberty Beat for Friday, October 11th, 2013.
[01:00:17.520 --> 01:00:20.520]  Gold opened today at $1,287.
[01:00:20.520 --> 01:00:23.520]  Silver at $21.51.
[01:00:23.520 --> 01:00:28.520]  And Bitcoin is trading at $126.80.
[01:00:28.520 --> 01:00:36.520]  Support for the Liberty Beat comes from Brave New Books, Austin's only brick and mortar store carrying Tangy Tangerine 2.0.
[01:00:36.520 --> 01:00:43.520]  Find them online at bravenewbookstore.com. And the Liberty Beat is sponsored by Sons of Liberty Mint,
[01:00:43.520 --> 01:00:50.520]  where every week you have the opportunity to win up to four ounces by simply guessing the spot price of silver.
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[01:00:58.520 --> 01:01:10.520]  And now, the news. The State Department released a statement yesterday discussing the recent spilling of 20,600 barrels of oil in northwestern North Dakota.
[01:01:10.520 --> 01:01:16.520]  The oil spilled from a Tesoro Corporation pipeline and is said to be the largest in state history.
[01:01:16.520 --> 01:01:23.520]  The oil has been stopped and no water sources were contaminated.
[01:01:23.520 --> 01:01:31.520]  And we are live. That can be said for the Indiegogo campaign, now launched for Sovereign Living the Reality Show,
[01:01:31.520 --> 01:01:38.520]  which focuses on the self-sustaining lifestyle of the Blush family, including John Bush and Catherine Bleich.
[01:01:38.520 --> 01:01:45.520]  Sovereign Living the Show is a reality-based program following my family and our quest to become self-sufficient and lead a voluntary natural life.
[01:01:45.520 --> 01:01:51.520]  This is a new type of informational documentary reality television program.
[01:01:51.520 --> 01:01:56.520]  Sovereign Living is about living your life in a manner that's not dependent on centralized institutions.
[01:01:56.520 --> 01:02:04.520]  Three episodes are complete, while more are planned. To make that happen, an Indiegogo goal of $50,000 is set, with any and all contributions welcome.
[01:02:04.520 --> 01:02:11.520]  The crowd-sourced funding will allow production to continue outside mainstream channels, helping the show live up to its sovereign title.
[01:02:11.520 --> 01:02:19.520]  Remember, 90.1 Austin and Liberty Beat listeners can see it first. Go to our website, thelibertybeat.com, for the link and all the details.
[01:02:19.520 --> 01:02:27.520]  And don't forget to tune in to Coast to Coast AM, Saturday at midnight, to catch John and Catherine discussing the show.
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[01:02:42.520 --> 01:02:51.520]  And from Central Texas Gunworks, CHL Courses, self-defense training, and firearm sales, online at centraltexasgunworks.com.
[01:02:51.520 --> 01:03:00.520]  You're listening to the Liberty Beat for October 11, 2013. Be sure to check out the website at thelibertybeat.com.
[01:03:00.520 --> 01:03:18.520]  It's all according to the will of the Almighty. I read his book and he says he cares not for the unsightly.
[01:03:18.520 --> 01:03:31.520]  These warm hands will come by that turn and ride. I won't pay for the war with my body.
[01:03:31.520 --> 01:03:38.520]  Ain't gonna pay for the car with my money. I won't pay for the fun with my body.
[01:03:38.520 --> 01:03:51.520]  Okay, we are back. Randy Kelton, Debra Stevens, Joe Esquivel, Rue La Radio, and Joe wanted to pick up on this because he was looking at paperwork in this case.
[01:03:51.520 --> 01:03:52.520]  Go ahead, Joe.
[01:03:52.520 --> 01:03:54.520]  Hey, Mark. How are you?
[01:03:54.520 --> 01:04:10.520]  All right. So one of the things if I were in your shoes that I would do would be I would file a motion to quash or emotion to vacate
[01:04:10.520 --> 01:04:25.520]  that judgment because due to the fact that there's issues of material fact and the issues of material fact are right within the analysis that was done for you.
[01:04:25.520 --> 01:04:44.520]  Where you can show, okay, pursuant to Wisconsin 403.100, I'm sorry, 110, identification of person. There's issues of fact pertaining to the identification of that party.
[01:04:44.520 --> 01:05:02.520]  It's pursuant to negotiating transfer of instrument rights acquired by transfer, right? Because your note has a specific statutory requirement of law of what was to be done.
[01:05:02.520 --> 01:05:20.520]  And in Wisconsin, there's only one statute that pertains to this, and that's false under Wisconsin 403.203. And A defines what is done and then B, C, and D place restrictions on it.
[01:05:20.520 --> 01:05:29.520]  And what was done in your case, Mark, was that it was transfer of less than the entire instrument.
[01:05:29.520 --> 01:05:46.520]  So under 403.203, all right? That is where they did not transfer the entire instrument. So we have issues that pertain to this.
[01:05:46.520 --> 01:05:59.520]  And if there's issues of fact, all right, then the judgment is rendered void using law of voids. Is that not correct, Randy?
[01:05:59.520 --> 01:06:05.520]  That's a good question. We don't know why the judge ruled.
[01:06:05.520 --> 01:06:24.520]  Correct. So if a ruling by a judge is not necessarily void, they tend to be voidable if the judge failed to determine the facts in accordance with the rules of evidence, then apply the law to the facts as it comes to him.
[01:06:24.520 --> 01:06:30.520]  It's voidable, but a judge's ruling is not void on its face.
[01:06:30.520 --> 01:06:31.520]  Okay.
[01:06:31.520 --> 01:06:34.520]  Unless he didn't have subject matter jurisdiction.
[01:06:34.520 --> 01:06:44.520]  All right. Well, let's go a little deeper. So then pursuant to 403.203, D is in dog, all right?
[01:06:44.520 --> 01:06:53.520]  If a transfer purports to transfer less than the entire instrument, negotiation of the instrument does not occur.
[01:06:53.520 --> 01:07:02.520]  Now, in Mark's case, they prefer to the court a copy of the note with an incomplete stamping.
[01:07:02.520 --> 01:07:13.520]  Now, an incomplete stamping, all right, until the party is identified, negotiation cannot take place, period.
[01:07:13.520 --> 01:07:21.520]  So it would fall under 403.203C and 403.203D.
[01:07:21.520 --> 01:07:25.520]  So he can't show issues of material fact.
[01:07:25.520 --> 01:07:35.520]  Well, if the party cannot be identified, who is the party coming forward?
[01:07:35.520 --> 01:07:46.520]  And how do they maintain standing when they bring a note that shows that the note was intended to be negotiated, but it wasn't actually negotiated?
[01:07:46.520 --> 01:07:59.520]  That is the issue that we have at hand. That's the issue of fact because pay to the order of with an as of yet unnamed party shows intent.
[01:07:59.520 --> 01:08:05.520]  Okay, pay to the order of, all right, that falls under special endorsement.
[01:08:05.520 --> 01:08:15.520]  Now, without having a named party, negotiation, transfer and delivery could not take place.
[01:08:15.520 --> 01:08:21.520]  Okay, where I'm going to is who is the one proffering the note?
[01:08:21.520 --> 01:08:33.520]  Is it the one who intended to do the negotiation or the one who intended to receive the negotiation?
[01:08:33.520 --> 01:08:44.520]  Because if it's the one who endorsed it in blank or incomplete, then they still hold it.
[01:08:44.520 --> 01:08:46.520]  Correct. Correct.
[01:08:46.520 --> 01:08:51.520]  So if they're the one coming forward, this is not going to be a helpful argument.
[01:08:51.520 --> 01:09:00.520]  But if they're the ones who supposedly received it, then they wouldn't have standing.
[01:09:00.520 --> 01:09:12.520]  Okay, well, the difference in this one is that the note, the original lender was one choice mortgage.
[01:09:12.520 --> 01:09:17.520]  Okay. Now, pretend lender.
[01:09:17.520 --> 01:09:19.520]  Well, it doesn't matter. All right.
[01:09:19.520 --> 01:09:26.520]  So it went from one choice.
[01:09:26.520 --> 01:09:45.520]  It went from one choice to Wachovia and then from Wachovia to an as of yet unnamed party with an incomplete stamping.
[01:09:45.520 --> 01:09:52.520]  The complaint says that Fannie Mae is the owner of the note and Chase, who is the servicer, they say Chase is the holder.
[01:09:52.520 --> 01:09:56.520]  There is no alliance that is true.
[01:09:56.520 --> 01:09:59.520]  Okay. That's where we wanted to get to. Perfect.
[01:09:59.520 --> 01:10:04.520]  It's not the person whose name is on it that's coming forward.
[01:10:04.520 --> 01:10:10.520]  It's somebody else coming forward for rent and their name is not on it.
[01:10:10.520 --> 01:10:12.520]  That's where I was trying to get you.
[01:10:12.520 --> 01:10:17.520]  And if it was Wachovia, this is good.
[01:10:17.520 --> 01:10:37.520]  Now, you said pretender lender. If, in fact, this was a table-funded note, then the lender came forward and proffered himself as a licensed lender.
[01:10:37.520 --> 01:10:50.520]  And you, as a unsophisticated purchaser, exercised due diligence in that you only dealt with licensed professionals.
[01:10:50.520 --> 01:11:06.520]  But the lender failed to disclose to you that although he was a lender and he was licensed to be a lender, in this instance, he wasn't a lender, he was a broker.
[01:11:06.520 --> 01:11:12.520]  If the note was table-funded, he did not fund the note.
[01:11:12.520 --> 01:11:27.520]  And if Wachovia came to it second, then you have reason to believe that you were induced to enter into a contract whereby you became a participant
[01:11:27.520 --> 01:11:46.520]  in the largest money laundering scheme in the history of mankind, wherein Wachovia was caught red-handed laundering money for Mexican and Colombian drug cartels to the tune of $384 billion.
[01:11:46.520 --> 01:12:00.520]  They used this note. They had a lender who has a Federal Reserve account come and waive his license in front of you.
[01:12:00.520 --> 01:12:21.520]  And then you go, you sit down at closing, and the lender trades you the warranty deed, giving you the impression that the lender went to his Federal Reserve account, grew these funds from the Federal Reserve account,
[01:12:21.520 --> 01:12:35.520]  purchased the warranty deed with these funds with the intent that when the funds were paid back, that the lender would return those funds to the Federal Reserve account.
[01:12:35.520 --> 01:12:41.520]  All nice and legal and above board and all that, but that's not what happened.
[01:12:41.520 --> 01:12:53.520]  What really happened was is Wachovia brought the funds from a Colombian drug cartel and used those funds to purchase that warranty deed.
[01:12:53.520 --> 01:12:59.520]  So when the money was paid back, it's completely laundered.
[01:12:59.520 --> 01:13:08.520]  You think it's going back to the Federal Reserve account, it's not. It's going to these Mexican drug cartels as laundered funds.
[01:13:08.520 --> 01:13:24.520]  Now had you known that your loan would be involved in a money laundering scheme with these drug cartels, would you have entered into that contract?
[01:13:24.520 --> 01:13:31.520]  Most likely not unless they would have offered me a couple million dollars to keep my mouth shut.
[01:13:31.520 --> 01:13:43.520]  Okay, so because of their failure to give you full disclosure, they gave you partial disclosure, and that invoked the duty to give you full disclosure.
[01:13:43.520 --> 01:13:48.520]  If you come to my fruit stand to buy an apple, and you say, how much is that apple?
[01:13:48.520 --> 01:13:54.520]  And I say, 50 cents, and I give you the apple, and it's got a worm in it, and you complain about it, and I say, tough.
[01:13:54.520 --> 01:14:00.520]  I didn't make any representations about that apple. I didn't give any disclosure other than the cost.
[01:14:00.520 --> 01:14:04.520]  But if you said, are these good apples? They're great apples.
[01:14:04.520 --> 01:14:08.520]  But then you get into a worm, I give you partial disclosure.
[01:14:08.520 --> 01:14:15.520]  I've invoked the duty to give you full disclosure how many worms we found in these apples.
[01:14:15.520 --> 01:14:23.520]  And if I knew that one out of three had a worm in it, I might still buy the apple, but I'd want a discount on the apple.
[01:14:23.520 --> 01:14:33.520]  But here, if you'd have known that you were being involved in a money laundering scheme, you would have made a different decision than the one that you actually made.
[01:14:33.520 --> 01:14:39.520]  That's the definition of fraud by nondisclosure.
[01:14:39.520 --> 01:14:44.520]  So since you've got Wachovia, Wachovia was caught red-handed. That's one of them put out of business.
[01:14:44.520 --> 01:14:47.520]  Okay, I'll stop interrupting now.
[01:14:47.520 --> 01:15:02.520]  In addition, Mark, what you would want to also do, if I were in your shoes, is I would go look up under Wisconsin's 403-205 regarding special endorsements and 403-204 endorsements.
[01:15:02.520 --> 01:15:11.520]  Because what opposing parties are stating to you is that this is a bare instrument and that this is a blank endorsement.
[01:15:11.520 --> 01:15:18.520]  Now, under 403-204, that will tell you what an endorsement is.
[01:15:18.520 --> 01:15:26.520]  An endorsement consists of a signature or other words on the PE line.
[01:15:26.520 --> 01:15:35.520]  And under 403-205, special endorsement, blank endorsement, and anonymous endorsement, all right,
[01:15:35.520 --> 01:15:51.520]  if you were to go under the requirements that they state, all right, it tells you specifically what a blank endorsement is,
[01:15:51.520 --> 01:15:59.520]  where it says that an endorsement may be a signature alone.
[01:15:59.520 --> 01:16:02.520]  A blank endorsement consists of a signature alone.
[01:16:02.520 --> 01:16:11.520]  So, without having a signature on the note, all right, there is no endorsement.
[01:16:11.520 --> 01:16:15.520]  It is an incomplete stamping, all right.
[01:16:15.520 --> 01:16:19.520]  Now, you know what their intent was because it says pay to the order of.
[01:16:19.520 --> 01:16:22.520]  That shows their intent.
[01:16:22.520 --> 01:16:31.520]  And without recourse shows that they've given away any warranties that they had pertaining to that.
[01:16:31.520 --> 01:16:34.520]  And I guarantee you that the attorneys do not have a clue.
[01:16:34.520 --> 01:16:43.520]  So, the more you have an understanding to the requirements of law specifically for your state, the more ahead you'll be.
[01:16:43.520 --> 01:16:46.520]  And we can get a little bit more when we come back on the other side.
[01:16:46.520 --> 01:16:53.520]  This is Joe Esquivel, Randy Kelton, Deborah Stevens, rule of law.
[01:16:53.520 --> 01:16:55.520]  And we'll be right back.
[01:16:55.520 --> 01:16:59.520]  And we'll be taking more calls.
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[01:19:24.520 --> 01:19:36.520]  Well, ain't gonna fool me with that same old trick again.
[01:19:36.520 --> 01:19:41.520]  I was blindsided but now I can see your plan.
[01:19:41.520 --> 01:19:46.520]  You put the fear in my pocket, took the money from my hand.
[01:19:46.520 --> 01:19:55.520]  Ain't gonna fool me with that same old trick again.
[01:19:55.520 --> 01:20:03.520]  Ain't gonna fool me.
[01:20:03.520 --> 01:20:10.520]  Hello, this is Joe Esquivel, Randy Kelton, Deborah Stevens, Rule of Law Radio.
[01:20:10.520 --> 01:20:23.520]  And Mark, getting back to your question, we just have to have you just get a little bit more informed as to the states for our requirements of law and how they pertain in your situation.
[01:20:23.520 --> 01:20:40.520]  Because most of the time that I've seen the attorneys coming forth, they're making claims that are just hearsay claims. They have no factual basis for anything that they say.
[01:20:40.520 --> 01:20:46.520]  So it's just a claim that's not backed by any evidence.
[01:20:46.520 --> 01:20:50.520]  So does that help you in your question?
[01:20:50.520 --> 01:20:53.520]  It does. I have a follow-up.
[01:20:53.520 --> 01:21:04.520]  Randy suggested filing a motion for findings of facts and conclusions at law, and you're suggesting filing a motion to vacate. Should I file both motions?
[01:21:04.520 --> 01:21:05.520]  Yes.
[01:21:05.520 --> 01:21:06.520]  Sure.
[01:21:06.520 --> 01:21:07.520]  I don't know why not.
[01:21:07.520 --> 01:21:10.520]  No, you need to do the findings of fact first.
[01:21:10.520 --> 01:21:11.520]  Okay.
[01:21:11.520 --> 01:21:19.520]  So you don't know why to vacate because you don't know why the judge made his ruling.
[01:21:19.520 --> 01:21:23.520]  If the judge refuses, that's grounds to vacate.
[01:21:23.520 --> 01:21:24.520]  All right.
[01:21:24.520 --> 01:21:29.520]  Or if the judge gives you some garbage reasons, then you still move to vacate.
[01:21:29.520 --> 01:21:32.520]  Well, I'll send you the terms. The garbage reasons are in there.
[01:21:32.520 --> 01:21:37.520]  He just totally ignored Joe's affidavit, and he makes a statement that here it is.
[01:21:37.520 --> 01:21:41.520]  The defendant apparently would argue that legal obligations can't be legally transferred.
[01:21:41.520 --> 01:21:43.520]  That's simply not the law.
[01:21:43.520 --> 01:21:46.520]  Wait a minute, Your Honor.
[01:21:46.520 --> 01:21:50.520]  Quite the opposite. They can be legally transferred, but that's not what happened in this case.
[01:21:50.520 --> 01:22:00.520]  And he just totally ignored Joe's affidavit and went and said, well, I'm ruling here today on the plaintiff's motion for his judgment.
[01:22:00.520 --> 01:22:02.520]  Ask him for findings of fact.
[01:22:02.520 --> 01:22:05.520]  All right. I will do that.
[01:22:05.520 --> 01:22:10.520]  He needs to list the facts and list the laws that apply to the facts.
[01:22:10.520 --> 01:22:18.520]  If you don't mind, I'd kind of like to weigh in on this issue with the judge just out of hand saying, I don't care about this verified affidavit.
[01:22:18.520 --> 01:22:25.520]  Keep in mind that Joe has a license from the state of Texas that makes him a licensed private investigator.
[01:22:25.520 --> 01:22:32.520]  For this judge to just just kick this out of hand or kick it out of court or not allow it in as evidence,
[01:22:32.520 --> 01:22:41.520]  what that does is it calls into question the validity for the necessity of the license.
[01:22:41.520 --> 01:22:47.520]  If the judge can just say, oh, this guy, I don't care about his license, private investigator, ah, pooey.
[01:22:47.520 --> 01:22:54.520]  Then why would the state, why would 42 states in this union have license requirements?
[01:22:54.520 --> 01:23:03.520]  And if the license is not necessary or actually carries no weight, that would mean that the states have these 42 states have been stealing money
[01:23:03.520 --> 01:23:09.520]  and time from people under the guise that this license will add validity to their testimony.
[01:23:09.520 --> 01:23:12.520]  Right. Did that make sense?
[01:23:12.520 --> 01:23:14.520]  Yes, it did.
[01:23:14.520 --> 01:23:16.520]  This goes to competent evidence.
[01:23:16.520 --> 01:23:24.520]  That's the reason why this man went through all the pains of getting his license so that his testimony would be competent evidence,
[01:23:24.520 --> 01:23:31.520]  admissible as evidence, therefore be put on the record of the court in evidence.
[01:23:31.520 --> 01:23:40.520]  And for the judge to just dismiss this out of hand, you know, why did Joe Gill get a license if you can just say, no, it doesn't matter?
[01:23:40.520 --> 01:23:43.520]  You see the difference in the ideologies there?
[01:23:43.520 --> 01:23:44.520]  Oh, absolutely.
[01:23:44.520 --> 01:23:49.520]  He had his mind made up. I have six pages, only six pages of transcripts.
[01:23:49.520 --> 01:23:52.520]  That's how fast this was.
[01:23:52.520 --> 01:23:57.520]  You need to file a judicial conduct complaint against the judge.
[01:23:57.520 --> 01:23:58.520]  Absolutely.
[01:23:58.520 --> 01:24:02.520]  Just for yucks.
[01:24:02.520 --> 01:24:04.520]  Yeah, I agree.
[01:24:04.520 --> 01:24:05.520]  That was one of my things.
[01:24:05.520 --> 01:24:14.520]  I was going to file a complaint with the judicial commission and also the attorney general against this attorney that was at our first hearing, September 3rd, where he said,
[01:24:14.520 --> 01:24:21.520]  we have the note in our possession and the judge allowed me 30 days to view the note and I called the attorney, oh, I'm sorry, we don't have it.
[01:24:21.520 --> 01:24:23.520]  We don't know when we're going to get it.
[01:24:23.520 --> 01:24:27.520]  I said, I will let the court know that you guys lied in court.
[01:24:27.520 --> 01:24:32.520]  And I was told by other people to file a complaint with the attorney general over this attorney lying in court.
[01:24:32.520 --> 01:24:40.520]  No, no, file a complaint with the district attorney accusing them of aggravated perjury.
[01:24:40.520 --> 01:24:43.520]  Okay.
[01:24:43.520 --> 01:24:47.520]  And there's a question here.
[01:24:47.520 --> 01:24:59.520]  In Texas, we have a specific law that says that when you file a complaint against a public official, then the prosecutor is required to give it to the grand jury.
[01:24:59.520 --> 01:25:06.520]  Well, a lawyer is an officer of the court.
[01:25:06.520 --> 01:25:09.520]  That would make him a public official.
[01:25:09.520 --> 01:25:28.520]  And you could argue when the prosecutor refuses to give a complaint against a lawyer to grand jury that the lawyer is shielding the, I mean, the prosecutor is shielding the lawyer from prosecution and file against the prosecutor.
[01:25:28.520 --> 01:25:32.520]  Randy, let me ask you, let me ask you a question right quick.
[01:25:32.520 --> 01:25:41.520]  A public official, an elected public official, such as a judge, has to disclose all of his investments.
[01:25:41.520 --> 01:25:43.520]  Does he not?
[01:25:43.520 --> 01:25:50.520]  That requirement, it goes to only specific officials.
[01:25:50.520 --> 01:25:52.520]  It's not everybody.
[01:25:52.520 --> 01:26:02.520]  If it goes to judges, you seem to have somebody who is showing bias or prejudice.
[01:26:02.520 --> 01:26:09.520]  I wonder if he has any mortgage-backed securities in his personal portfolio.
[01:26:09.520 --> 01:26:16.520]  You should certainly file discovery and ask for complete financial disclosure from the judge.
[01:26:16.520 --> 01:26:17.520]  Yes.
[01:26:17.520 --> 01:26:19.520]  That's going to make him unhappy.
[01:26:19.520 --> 01:26:22.520]  Yes.
[01:26:22.520 --> 01:26:24.520]  You're not there to make his day.
[01:26:24.520 --> 01:26:26.520]  You're there to ruin it.
[01:26:26.520 --> 01:26:29.520]  Exactly.
[01:26:29.520 --> 01:26:33.520]  Closer to Christmas.
[01:26:33.520 --> 01:26:38.520]  Never worry about the judge being angry at you.
[01:26:38.520 --> 01:26:49.520]  He is going to screw you royal.
[01:26:49.520 --> 01:26:51.520]  Wait, say that again?
[01:26:51.520 --> 01:26:55.520]  How about a Title 42 action against this judge?
[01:26:55.520 --> 01:26:57.520]  You can do that, but that's really tough.
[01:26:57.520 --> 01:27:00.520]  I wouldn't do that until the case is over.
[01:27:00.520 --> 01:27:02.520]  Okay.
[01:27:02.520 --> 01:27:04.520]  Establish Judge Judicata.
[01:27:04.520 --> 01:27:11.520]  But judicial conduct complaints, you can file one for everything he does every time he moves.
[01:27:11.520 --> 01:27:20.520]  Here's the thing that will help him is the Judicial Conduct Commission, whatever it's called in Wisconsin,
[01:27:20.520 --> 01:27:22.520]  is going to toss your complaint.
[01:27:22.520 --> 01:27:24.520]  They're not going to do anything to it.
[01:27:24.520 --> 01:27:31.520]  But then on the other hand, the counties or the state's insurance carrier,
[01:27:31.520 --> 01:27:34.520]  they don't care if it was valid or not.
[01:27:34.520 --> 01:27:39.520]  They're going to count it, then they're going to increase his bond rating.
[01:27:39.520 --> 01:27:45.520]  If you can get his bond canceled, it costs the county or state a whole lot more money to have to keep him.
[01:27:45.520 --> 01:27:48.520]  They're going to get real unhappy with him.
[01:27:48.520 --> 01:27:54.520]  So introduce him to the pro se from hell.
[01:27:54.520 --> 01:27:57.520]  Bargrieve the lawyer every time they move.
[01:27:57.520 --> 01:28:02.520]  Introduce your conduct complaint to judge, file criminal charges against him at every opportunity,
[01:28:02.520 --> 01:28:07.520]  and start hammering the local district attorney when he refuses to act.
[01:28:07.520 --> 01:28:11.520]  Just make a nuisance of yourself.
[01:28:11.520 --> 01:28:19.520]  You want to be the squeakiest wheel in the neighborhood.
[01:28:19.520 --> 01:28:27.520]  Okay. And I think we've got James on, and I believe James wanted to chime in on this issue.
[01:28:27.520 --> 01:28:29.520]  Hello, James. Are you there?
[01:28:29.520 --> 01:28:35.520]  I'm here. I hope you got me off of mute and got the banana tree ready.
[01:28:35.520 --> 01:28:42.520]  Yes. Did you want to speak to the issue Mark has brought?
[01:28:42.520 --> 01:28:50.520]  Yes. I was listening to it, and the question that I have is admissible evidence to the court.
[01:28:50.520 --> 01:28:59.520]  If it's admissible evidence to the court, how in the name of hell does the judge not follow law
[01:28:59.520 --> 01:29:04.520]  in what's required to make the judge follow law and admit admissible evidence?
[01:29:04.520 --> 01:29:08.520]  And I'm going to let you all guys go and have fun with it.
[01:29:08.520 --> 01:29:12.520]  Okay. I'm going to say that's outlawry.
[01:29:12.520 --> 01:29:17.520]  And every constitution has a prohibition against outlawry.
[01:29:17.520 --> 01:29:20.520]  It's in the federal constitution. It's in the Texas constitution.
[01:29:20.520 --> 01:29:24.520]  Every constitution I've looked at had it in there.
[01:29:24.520 --> 01:29:27.520]  But most people don't know what outlawry is.
[01:29:27.520 --> 01:29:33.520]  In the common law, if you PO'd the court, if they summoned you and you didn't show up
[01:29:33.520 --> 01:29:39.520]  and you filed a lot of stuff they didn't like, they could declare you outside the protection of the law.
[01:29:39.520 --> 01:29:41.520]  That's outlawry.
[01:29:41.520 --> 01:29:46.520]  That is forbidden. You bring an issue to the court and the court refuses to hear your issue.
[01:29:46.520 --> 01:29:48.520]  That's outlawry.
[01:29:48.520 --> 01:29:56.520]  I go after it for it. Hang on Randy Calvin, Debra Stevens, we'll radio a call in number 512-646-1984.
[01:29:56.520 --> 01:30:00.520]  Give us a call. We'll be right there.
[01:30:00.520 --> 01:30:04.520]  Is this your mommy? Getting kids paired up with parents after school
[01:30:04.520 --> 01:30:08.520]  is a critical responsibility of teachers and school administrators.
[01:30:08.520 --> 01:30:11.520]  But is technology a good substitute for common sense?
[01:30:11.520 --> 01:30:14.520]  I've got your Catherine Albrecht and I'll tell you more in just a moment.
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[01:30:45.520 --> 01:30:50.520]  A product called KidGopher promises to match kids with parents waiting to pick them up.
[01:30:50.520 --> 01:30:54.520]  It assigns parents RFID radio frequency microchipped ID cards
[01:30:54.520 --> 01:30:57.520]  that can be read by a computer system several feet away.
[01:30:57.520 --> 01:31:01.520]  A unique number on each card triggers a screen display of guardian names and pictures.
[01:31:01.520 --> 01:31:05.520]  But radio signals can be cloned and databases can be altered.
[01:31:05.520 --> 01:31:09.520]  And supposedly secure technology tends to make humans lazy.
[01:31:09.520 --> 01:31:13.520]  Nothing can replace the security of staff simply knowing the students and their parents.
[01:31:13.520 --> 01:31:18.520]  KidGopher would not only put kids at risk, it would condition them to accept RFID and tracking.
[01:31:18.520 --> 01:31:20.520]  And that's not good for our future.
[01:31:20.520 --> 01:31:22.520]  I'm Dr. Catherine Albrecht.
[01:31:22.520 --> 01:31:30.520]  For more news and information at CatherineAlbrecht.com.
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[01:33:36.520 --> 01:33:42.520]  The wicked come with temptation
[01:33:42.520 --> 01:33:45.520]  They're trying to buy the whole place
[01:33:45.520 --> 01:33:47.520]  Okay, we are back.
[01:33:47.520 --> 01:33:50.520]  Randy Kelton, Debbie Stevens, Rule of Law Radio.
[01:33:50.520 --> 01:33:55.520]  And that was a good question that James brought up.
[01:33:55.520 --> 01:33:58.520]  It was something I wanted to address earlier,
[01:33:58.520 --> 01:34:01.520]  but we were kind of busy and I didn't get to it.
[01:34:01.520 --> 01:34:05.520]  This is something that the judges are not being held responsible for,
[01:34:05.520 --> 01:34:07.520]  and you need to do that.
[01:34:07.520 --> 01:34:13.520]  You know, I keep saying that it is the trial judge's duty
[01:34:13.520 --> 01:34:18.520]  to determine the facts in accordance with the rules of evidence,
[01:34:18.520 --> 01:34:28.520]  then apply the law to the facts as the law comes to him.
[01:34:28.520 --> 01:34:33.520]  Now, he's not allowed to go out and research the law himself.
[01:34:33.520 --> 01:34:37.520]  He must apply the law that you bring to him,
[01:34:37.520 --> 01:34:39.520]  to the facts in the case.
[01:34:39.520 --> 01:34:43.520]  And that's why you ask for findings of fact and conclusions at law,
[01:34:43.520 --> 01:34:46.520]  because that's all he's there to do.
[01:34:46.520 --> 01:34:52.520]  When you bring facts and offer facts in accordance with the rules of evidence,
[01:34:52.520 --> 01:34:57.520]  and the judge refuses to consider those facts,
[01:34:57.520 --> 01:35:02.520]  that goes to a concept called outlawry.
[01:35:02.520 --> 01:35:08.520]  You may not be denied the protection of the courts.
[01:35:08.520 --> 01:35:11.520]  And that's exactly what the judge is doing.
[01:35:11.520 --> 01:35:15.520]  It goes strictly to constitutional violation,
[01:35:15.520 --> 01:35:23.520]  and it goes to the judge exerting or purporting to exert an authority
[01:35:23.520 --> 01:35:28.520]  he does not expressly have and in the process denying you
[01:35:28.520 --> 01:35:32.520]  in the full and free access to or enjoyment of a right,
[01:35:32.520 --> 01:35:35.520]  and that's a crime in every state.
[01:35:35.520 --> 01:35:38.520]  It's also a crime in the Fed.
[01:35:38.520 --> 01:35:41.520]  It's 18 U.S. Code 242,
[01:35:41.520 --> 01:35:48.520]  and every state I've looked at has a statute that reflects 18 U.S. Code 242.
[01:35:48.520 --> 01:35:53.520]  In Texas, Oklahoma, and about a half a dozen other states,
[01:35:53.520 --> 01:35:58.520]  the wording is almost exactly the same if a public official
[01:35:58.520 --> 01:36:04.520]  is almost exactly the same as the federal statute.
[01:36:04.520 --> 01:36:07.520]  And the federal statute says if a public official,
[01:36:07.520 --> 01:36:12.520]  acting under the color, meaning pretense, of an official capacity,
[01:36:12.520 --> 01:36:16.520]  exerts or purports to exert an authority he does not expressly have
[01:36:16.520 --> 01:36:24.520]  or fails to perform a duty he is required to perform and in the process
[01:36:24.520 --> 01:36:27.520]  denies a citizen in the full and free access to or enjoyment of a right,
[01:36:27.520 --> 01:36:29.520]  that's a crime.
[01:36:29.520 --> 01:36:31.520]  It's class-A misdemeanor in the Fed.
[01:36:31.520 --> 01:36:35.520]  It's class-A misdemeanor in Texas and most other places.
[01:36:35.520 --> 01:36:38.520]  It's one degree below a felony.
[01:36:38.520 --> 01:36:40.520]  So that's a criminal.
[01:36:40.520 --> 01:36:43.520]  And once he's done that,
[01:36:43.520 --> 01:36:49.520]  it's like I was with David in Tarrant County when I called the police
[01:36:49.520 --> 01:36:51.520]  to take a complaint against the clerk,
[01:36:51.520 --> 01:36:55.520]  and they refused to take a voluntary statement.
[01:36:55.520 --> 01:36:58.520]  So I dismissed them like a couple of errant stepchildren.
[01:36:58.520 --> 01:37:00.520]  And they came back with their sergeant.
[01:37:00.520 --> 01:37:03.520]  He wanted to, you know, I guess they told him what I had done,
[01:37:03.520 --> 01:37:06.520]  and he thought that was something, he knew something was wrong.
[01:37:06.520 --> 01:37:10.520]  So he comes back with them about 10 minutes later.
[01:37:10.520 --> 01:37:13.520]  And he wanted to take care of this issue.
[01:37:13.520 --> 01:37:14.520]  There's no issue.
[01:37:14.520 --> 01:37:16.520]  Well, there seemed to be a problem.
[01:37:16.520 --> 01:37:17.520]  I wanted to sort it out.
[01:37:17.520 --> 01:37:18.520]  Sorry, Bubba.
[01:37:18.520 --> 01:37:23.520]  That bell's already been rung and you can't unring it.
[01:37:23.520 --> 01:37:27.520]  I will take this up with the artistic attorney.
[01:37:27.520 --> 01:37:29.520]  You're dismissed.
[01:37:29.520 --> 01:37:30.520]  Oh, okay.
[01:37:30.520 --> 01:37:34.520]  And they kind of shuffle out.
[01:37:34.520 --> 01:37:41.520]  Well, once he does the act, the act is done.
[01:37:41.520 --> 01:37:47.520]  And in this case, the judge refused to apply the,
[01:37:47.520 --> 01:37:53.520]  refused to consider facts in accordance with the rules of evidence.
[01:37:53.520 --> 01:37:56.520]  And you should call that a criminal act
[01:37:56.520 --> 01:38:00.520]  and demand that the prosecutor present your complaint against him
[01:38:00.520 --> 01:38:02.520]  for doing that to a grand jury.
[01:38:02.520 --> 01:38:04.520]  They're going to look at this and scratch their heads
[01:38:04.520 --> 01:38:09.520]  because they've never had anybody do that to them before.
[01:38:09.520 --> 01:38:14.520]  And I guarantee you, you're going to get this judge's attention.
[01:38:14.520 --> 01:38:20.520]  Besides, it will be so much fun.
[01:38:20.520 --> 01:38:26.520]  Okay, Mark, have we given you enough to think about?
[01:38:26.520 --> 01:38:28.520]  You certainly did.
[01:38:28.520 --> 01:38:33.520]  Hey, Randy, Chris brought up an issue over the break that deserves going over,
[01:38:33.520 --> 01:38:36.520]  and that is what do you do with the insurance carrier,
[01:38:36.520 --> 01:38:39.520]  the malpractice insurance carrier?
[01:38:39.520 --> 01:38:43.520]  When you grieve an attorney or you file a complaint against a judge
[01:38:43.520 --> 01:38:46.520]  who has a bond or malpractice insurance,
[01:38:46.520 --> 01:38:50.520]  they've got a duty to inform their underwriter or their insurance carrier
[01:38:50.520 --> 01:38:55.520]  of said filing or said grievance.
[01:38:55.520 --> 01:38:59.520]  This is generally about the same time that these guys
[01:38:59.520 --> 01:39:02.520]  start having immediate lapses of memory.
[01:39:02.520 --> 01:39:04.520]  So you can help them out.
[01:39:04.520 --> 01:39:06.520]  I mean, I'm always wanting to help somebody out,
[01:39:06.520 --> 01:39:08.520]  and you can take some of the burden off of him.
[01:39:08.520 --> 01:39:10.520]  It's my understanding that there's only like five,
[01:39:10.520 --> 01:39:15.520]  maybe six of these companies out here who underwrite the insurance.
[01:39:15.520 --> 01:39:18.520]  You can send off a letter and a copy of the complaint
[01:39:18.520 --> 01:39:22.520]  or a copy of the grievance to every one of these,
[01:39:22.520 --> 01:39:24.520]  and chances are if there's only six of them,
[01:39:24.520 --> 01:39:26.520]  you'll get five letters back saying,
[01:39:26.520 --> 01:39:30.520]  we don't know who this guy is, but you'll get one back that says,
[01:39:30.520 --> 01:39:32.520]  thank you for bringing this to our attention, we're on this,
[01:39:32.520 --> 01:39:34.520]  and have a nice day.
[01:39:34.520 --> 01:39:39.520]  That way with every subsequent filing or grievance,
[01:39:39.520 --> 01:39:42.520]  you'll know exactly who to inform.
[01:39:42.520 --> 01:39:44.520]  Well, that was awfully nice of you, Steve.
[01:39:44.520 --> 01:39:45.520]  I'm a nice guy.
[01:39:45.520 --> 01:39:48.520]  I like to help out every chance I get.
[01:39:48.520 --> 01:39:50.520]  There's another issue about that.
[01:39:50.520 --> 01:39:51.520]  Okay.
[01:39:51.520 --> 01:39:56.520]  It's in their contracts that if they get a professional grievance,
[01:39:56.520 --> 01:40:01.520]  they are required to notify the insurance company.
[01:40:01.520 --> 01:40:06.520]  If they don't, they default on the contract, and they're not covered.
[01:40:06.520 --> 01:40:11.520]  They're paying 30 to 50 grand a year.
[01:40:11.520 --> 01:40:14.520]  They want to be covered.
[01:40:14.520 --> 01:40:18.520]  That's why they have to notify.
[01:40:18.520 --> 01:40:24.520]  For me, the best part is he's got to tell on himself.
[01:40:24.520 --> 01:40:30.520]  Even if he thinks it's a garbage grievance, as frivolous, no grounds,
[01:40:30.520 --> 01:40:37.520]  he still has to tell on himself because the insurance company does not care.
[01:40:37.520 --> 01:40:41.520]  Valid, invalid, they don't care.
[01:40:41.520 --> 01:40:46.520]  They know that the state bar is going to send you this standard letter
[01:40:46.520 --> 01:40:49.520]  that says we examined into your accusation, decided to take no action,
[01:40:49.520 --> 01:40:53.520]  no matter what you're accusing them of.
[01:40:53.520 --> 01:40:58.520]  So how are they going to gauge their level of risk by valid bar grievances
[01:40:58.520 --> 01:41:02.520]  when the state bar trashes all of them?
[01:41:02.520 --> 01:41:04.520]  By the numbers.
[01:41:04.520 --> 01:41:07.520]  You buy a new car, you take it down to Wal-Mart, you come out,
[01:41:07.520 --> 01:41:09.520]  somebody bashes Twitter in.
[01:41:09.520 --> 01:41:11.520]  Call the insurance company to come out and fix it.
[01:41:11.520 --> 01:41:13.520]  They'll raise your premiums.
[01:41:13.520 --> 01:41:16.520]  You go down there next month, somebody bashes another one in.
[01:41:16.520 --> 01:41:19.520]  They come out, they fix it, they cancel.
[01:41:19.520 --> 01:41:21.520]  Your fault, their fault, nobody's fault.
[01:41:21.520 --> 01:41:23.520]  They do not care.
[01:41:23.520 --> 01:41:25.520]  You are an unacceptable risk.
[01:41:25.520 --> 01:41:27.520]  You're history.
[01:41:27.520 --> 01:41:31.520]  Malpractice is exactly the same way.
[01:41:31.520 --> 01:41:35.520]  And I can attest to that, Randy, 110%.
[01:41:35.520 --> 01:41:40.520]  When I've had my bond stripped for me, they didn't give me no notice.
[01:41:40.520 --> 01:41:48.520]  I got a letter that said, Mr. Esquivel, so-and-so has filed a complaint against you.
[01:41:48.520 --> 01:41:51.520]  They're claiming that you owe them X number of dollars.
[01:41:51.520 --> 01:41:52.520]  Here is the bill.
[01:41:52.520 --> 01:41:55.520]  Please send us a check.
[01:41:55.520 --> 01:42:01.520]  And they didn't want to hear that I didn't have any money or that my partner had embezzled the fund.
[01:42:01.520 --> 01:42:08.520]  All they told me was we are sending you a bill, and if you don't pay it, we're taking you to court.
[01:42:08.520 --> 01:42:13.520]  They canceled my bond that day.
[01:42:13.520 --> 01:42:16.520]  So you are right 110%.
[01:42:16.520 --> 01:42:17.520]  And I agree with Steve.
[01:42:17.520 --> 01:42:21.520]  You need to help them out, Mark.
[01:42:21.520 --> 01:42:22.520]  I will visit.
[01:42:22.520 --> 01:42:26.520]  But I do need, Mark, I do need to give you one warning.
[01:42:26.520 --> 01:42:27.520]  Yes.
[01:42:27.520 --> 01:42:33.520]  And I give this to everybody, is don't have too much fun with this.
[01:42:33.520 --> 01:42:34.520]  I'll try not to.
[01:42:34.520 --> 01:42:39.520]  We've got a bunch of Marks in Wisconsin, and I'd spoke to, I thought you were the other Mark,
[01:42:39.520 --> 01:42:42.520]  but apparently we've got a couple more Marks.
[01:42:42.520 --> 01:42:47.520]  And this other Mark used to broadcast our show out of Madison.
[01:42:47.520 --> 01:42:58.520]  And he got paid by two debt collectors over a couple of credit cards.
[01:42:58.520 --> 01:43:01.520]  And he was complaining that he didn't have any more credit cards.
[01:43:01.520 --> 01:43:05.520]  He needs to go get him another one so he can do this again.
[01:43:05.520 --> 01:43:09.520]  So he was having way too much fun.
[01:43:09.520 --> 01:43:15.520]  It is a whole other animal when you're going for their throats instead of their coming for yours.
[01:43:15.520 --> 01:43:16.520]  Right.
[01:43:16.520 --> 01:43:22.520]  And as sovereign citizens, we owe it to our grandchildren.
[01:43:22.520 --> 01:43:29.520]  When they come to us and ask us, Grandpa, why is this system in such a mess?
[01:43:29.520 --> 01:43:33.520]  What did you do to make it better?
[01:43:33.520 --> 01:43:34.520]  Okay.
[01:43:34.520 --> 01:43:35.520]  Thank you, Mark.
[01:43:35.520 --> 01:43:36.520]  We're going to move on.
[01:43:36.520 --> 01:43:37.520]  We've got some more callers.
[01:43:37.520 --> 01:43:39.520]  You see Francis and Mike.
[01:43:39.520 --> 01:43:42.520]  Francis in Colorado, Mike in Texas.
[01:43:42.520 --> 01:43:47.520]  This is Randy Kelton, Joe Esquivel, Debra Stevens.
[01:43:47.520 --> 01:43:48.520]  We love our radio.
[01:43:48.520 --> 01:43:52.520]  Our call is number 512-646-1984.
[01:43:52.520 --> 01:43:53.520]  Give us a call.
[01:43:53.520 --> 01:43:59.520]  We'll be right back.
[01:43:59.520 --> 01:44:03.520]  You feel tired when talking about important topics like money and politics?
[01:44:03.520 --> 01:44:04.520]  Sorry.
[01:44:04.520 --> 01:44:07.520]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.520 --> 01:44:08.520]  What?
[01:44:08.520 --> 01:44:12.520]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:12.520 --> 01:44:13.520]  Hi.
[01:44:13.520 --> 01:44:14.520]  My name is Steve Holt.
[01:44:14.520 --> 01:44:18.520]  And like millions of other Americans, I was diagnosed with stupidity at an early age.
[01:44:18.520 --> 01:44:24.520]  I had no idea that the number one cause of the disease is found in almost every home in America, the television.
[01:44:24.520 --> 01:44:28.520]  Unfortunately, that puts most Americans at risk of catching stupidity.
[01:44:28.520 --> 01:44:29.520]  But there is hope.
[01:44:29.520 --> 01:44:35.520]  The staff at Brave New Books have helped me and thousands of other Foxaholics suffering from sports zombieism recover.
[01:44:35.520 --> 01:44:42.520]  And because of Brave New Books, I now enjoy reading and watching educational documentaries without feeling tired or uninterested.
[01:44:42.520 --> 01:44:54.520]  So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503 or visit them at 1904Guadalupe or bravenewbookstore.com.
[01:44:54.520 --> 01:45:00.520]  Side effects from using Brave New Books products may include discernment and enlarged vocabulary and an overall increase in mental functioning.
[01:45:00.520 --> 01:45:03.520]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:21.520 --> 01:46:38.520]  Okay, we are back.
[01:46:38.520 --> 01:46:41.520]  Graham DeKalb and Debra Stevens, rule of law radio.
[01:46:41.520 --> 01:46:44.520]  Mark, did you have anything else for us tonight?
[01:46:44.520 --> 01:46:52.520]  No, that should do it. I really appreciate it. You guys really opened my eyes to this, because I was just going to file an appeal,
[01:46:52.520 --> 01:46:56.520]  but I will go this round first with a motion for findings of fact and conclusion.
[01:46:56.520 --> 01:47:02.520]  File a complaint with the judicial commission as well as the district attorney against that specific attorney.
[01:47:02.520 --> 01:47:06.520]  Okay, but be careful. This could get to be way too much fun.
[01:47:06.520 --> 01:47:08.520]  I hear you.
[01:47:08.520 --> 01:47:17.520]  Okay. Thank you, Mark. Now we're going to go to Ms. Francis in Colorado. Hello, Ms. Francis.
[01:47:17.520 --> 01:47:19.520]  Hi, Randy. How are you tonight?
[01:47:19.520 --> 01:47:26.520]  I am fine. I know Ms. Francis files judicial conduct complaints and bar grievances.
[01:47:26.520 --> 01:47:36.520]  I do. I have filed them in one, two, four states so far.
[01:47:36.520 --> 01:47:39.520]  That's just having too much fun.
[01:47:39.520 --> 01:47:42.520]  I know. I know it.
[01:47:42.520 --> 01:47:46.520]  Are these lawyers sending you Christmas cards?
[01:47:46.520 --> 01:47:51.520]  No, they're not, and my feelings are so hurt.
[01:47:51.520 --> 01:47:55.520]  I thought you would be crushed.
[01:47:55.520 --> 01:48:00.520]  They don't call you up and tell you how much they appreciate your professionalism and all that?
[01:48:00.520 --> 01:48:06.520]  They don't, and how well-written they are. They never tell me that either.
[01:48:06.520 --> 01:48:13.520]  Oh, gosh. Well, I just mailed off another four or five last week.
[01:48:13.520 --> 01:48:20.520]  But anyway, the first one is a real estate foreclosures thing.
[01:48:20.520 --> 01:48:23.520]  I got a notice in the mail yesterday.
[01:48:23.520 --> 01:48:25.520]  So let's see, let me back up here a little bit.
[01:48:25.520 --> 01:48:30.520]  It's a foreclosure suit, Randy, that you wrote, and we filed it into the district court.
[01:48:30.520 --> 01:48:38.520]  So they dismissed it because I lacked standing because the bankruptcy trustee was the real party in interest,
[01:48:38.520 --> 01:48:41.520]  but they refused to put the case on stay.
[01:48:41.520 --> 01:48:46.520]  So as soon as I noticed the court that I was going to reopen my bankruptcy case,
[01:48:46.520 --> 01:48:53.520]  they just started dismissing every person, every entity in the lawsuit just in term.
[01:48:53.520 --> 01:49:03.520]  So the last decision he filed to dismiss, and I filed a motion to vacate that decision.
[01:49:03.520 --> 01:49:10.520]  And on the 16th of July of this year, he denied that.
[01:49:10.520 --> 01:49:16.520]  And we got that notice on around about the 19th to the 21st, something like that.
[01:49:16.520 --> 01:49:17.520]  There was a weekend right there.
[01:49:17.520 --> 01:49:26.520]  And so I went down, and we have 49 days to appeal, and I went and filed my notice of appeal into the district court
[01:49:26.520 --> 01:49:30.520]  on August the 5th and did all my papers for the transcripts, et cetera.
[01:49:30.520 --> 01:49:36.520]  And then I got my brief into the appellate court on the 23rd of August.
[01:49:36.520 --> 01:49:40.520]  And there seems to be this massive confusion in the appeals court.
[01:49:40.520 --> 01:49:49.520]  They're confusing my wrongful foreclosure case, which doesn't have a case number assigned at the appeals level,
[01:49:49.520 --> 01:49:53.520]  with my appeal of the eviction.
[01:49:53.520 --> 01:49:55.520]  And so I'm trying to sort that out.
[01:49:55.520 --> 01:49:58.520]  But then yesterday, I got a notice.
[01:49:58.520 --> 01:50:06.520]  So the lender, he gave me this greatest gift and then has become this bee in my bonnet.
[01:50:06.520 --> 01:50:13.520]  And they've reviewed, he filed a motion to strike my notice of appeal in all related filings.
[01:50:13.520 --> 01:50:16.520]  And the court granted that.
[01:50:16.520 --> 01:50:18.520]  And so am I being denied?
[01:50:18.520 --> 01:50:26.520]  But it just says, it says, declares that no appeal may be properly taken in the district court.
[01:50:26.520 --> 01:50:29.520]  But I wasn't going for the district court.
[01:50:29.520 --> 01:50:35.520]  I was going for the court of appeals, which is the next level up.
[01:50:35.520 --> 01:50:39.520]  So what do I do?
[01:50:39.520 --> 01:50:43.520]  Randy?
[01:50:43.520 --> 01:50:48.520]  Oops, somebody muted my mic again when I wasn't looking.
[01:50:48.520 --> 01:50:56.520]  So you think the judge is somehow mixing up your cases?
[01:50:56.520 --> 01:50:58.520]  Well, that's at the appellate level.
[01:50:58.520 --> 01:51:00.520]  That's in the appeals court.
[01:51:00.520 --> 01:51:06.520]  I got kind of a nasty letter from the appeals court, and I thought I had it straightened out.
[01:51:06.520 --> 01:51:09.520]  And I talked to call them and I said, something's wrong here.
[01:51:09.520 --> 01:51:13.520]  And I filed my initial brief on another case.
[01:51:13.520 --> 01:51:16.520]  And you've got it confused with a case that was filed in December,
[01:51:16.520 --> 01:51:21.520]  which is basically being stayed because of that bankruptcy issue.
[01:51:21.520 --> 01:51:23.520]  And this is a separate case.
[01:51:23.520 --> 01:51:26.520]  And so they said, well, you didn't file your paperwork properly.
[01:51:26.520 --> 01:51:27.520]  And I said, tell me how to fix it.
[01:51:27.520 --> 01:51:34.520]  So I wrote them a $200 check and a motion for them to accept it out of time.
[01:51:34.520 --> 01:51:39.520]  And I'm not sure it was totally out of time because we had 49 days to file the notice.
[01:51:39.520 --> 01:51:42.520]  And then you have another 60 days, I think, to file your brief.
[01:51:42.520 --> 01:51:44.520]  But anyway, I did what they told me.
[01:51:44.520 --> 01:51:48.520]  And I still don't have a case number because they haven't made a decision on that.
[01:51:48.520 --> 01:51:50.520]  But in the meantime, I got another letter.
[01:51:50.520 --> 01:51:58.520]  And they were trying to substitute the wrong foreclosure into the appeals case for the eviction.
[01:51:58.520 --> 01:52:00.520]  And they had the wrong parties and all that.
[01:52:00.520 --> 01:52:03.520]  So I kind of had to, I sent a letter.
[01:52:03.520 --> 01:52:08.520]  Okay, this sounds like nuns pro-tunk.
[01:52:08.520 --> 01:52:10.520]  Okay.
[01:52:10.520 --> 01:52:16.520]  If you send them a nuns pro-tunk, that's a notice of an error.
[01:52:16.520 --> 01:52:17.520]  Okay.
[01:52:17.520 --> 01:52:20.520]  The error can be your error or their error.
[01:52:20.520 --> 01:52:28.520]  But if you send a nuns pro-tunk, when they see that, then they say, okay, this doesn't go to issues.
[01:52:28.520 --> 01:52:31.520]  This goes to somebody screwed up something somewhere.
[01:52:31.520 --> 01:52:33.520]  Okay.
[01:52:33.520 --> 01:52:36.520]  Then use that to sort out the issues.
[01:52:36.520 --> 01:52:42.520]  And it won't be confused with a pleading on the merits.
[01:52:42.520 --> 01:52:43.520]  Okay.
[01:52:43.520 --> 01:52:44.520]  Okay.
[01:52:44.520 --> 01:52:48.520]  And this other thing, though, then, okay, so let's go back to this letter I got yesterday,
[01:52:48.520 --> 01:53:00.520]  which is they strike, so the lender, who should have been collaterally stopped from speaking ever again in his life,
[01:53:00.520 --> 01:53:05.520]  had filed a motion to strike my notice of appeal in relating filings.
[01:53:05.520 --> 01:53:07.520]  And that was granted.
[01:53:07.520 --> 01:53:09.520]  So the court strikes my notice of appeal.
[01:53:09.520 --> 01:53:15.520]  Did you respond to the motion they filed?
[01:53:15.520 --> 01:53:16.520]  You know what?
[01:53:16.520 --> 01:53:25.520]  I did not because, I don't think I did, because they were responding that my answers were due on June the 25th.
[01:53:25.520 --> 01:53:33.520]  And we had another, we had filed, in the meantime, we had filed a motion to vacate.
[01:53:33.520 --> 01:53:36.520]  So I probably, did I get that on purpose then?
[01:53:36.520 --> 01:53:39.520]  If I didn't, you know, that's real odd that I wouldn't have responded,
[01:53:39.520 --> 01:53:47.520]  but I might not have in all the confusion with, because this was right about the same time as the move and the eviction.
[01:53:47.520 --> 01:53:56.520]  Well, you might claim you didn't get notice of it if you didn't respond in time.
[01:53:56.520 --> 01:54:01.520]  Certainly, you want to file a motion to vacate.
[01:54:01.520 --> 01:54:02.520]  Okay.
[01:54:02.520 --> 01:54:04.520]  Well, would that start the time all?
[01:54:04.520 --> 01:54:09.520]  Well, see, now there's two ways to appeal, and maybe this is in every state,
[01:54:09.520 --> 01:54:13.520]  and I find myself just kind of reading about it a couple of days ago and then getting this.
[01:54:13.520 --> 01:54:17.520]  I could have appealed into the district court.
[01:54:17.520 --> 01:54:21.520]  I could have done an appeal right back into the district court, but I didn't.
[01:54:21.520 --> 01:54:27.520]  I thought, at least I didn't think I did, I thought I was appealing the case into the appeals court.
[01:54:27.520 --> 01:54:37.520]  And I appealed the last decision that he made, which was I filed a motion to vacate the judge's motion to dismiss the case.
[01:54:37.520 --> 01:54:40.520]  And he denied that in July.
[01:54:40.520 --> 01:54:47.520]  And this other stuff, this motion to strike, well, and maybe it's a nun's protunque on that one too,
[01:54:47.520 --> 01:54:58.520]  because this defendant filed a notice that I had to file my appeal by June the 25th
[01:54:58.520 --> 01:55:07.520]  and my brief by June the 25th when I didn't have a decision on my motion to vacate until July the,
[01:55:07.520 --> 01:55:13.520]  well, he signed it on July the 16th, and I got it on about the 19th.
[01:55:13.520 --> 01:55:20.520]  Okay. And then, okay, I don't understand the significance because too many pieces here are fitting together.
[01:55:20.520 --> 01:55:21.520]  Well, there are a lot of pieces.
[01:55:21.520 --> 01:55:24.520]  Okay. Is this the one they just dismissed?
[01:55:24.520 --> 01:55:29.520]  Yes, it's the same case. So they dismissed it.
[01:55:29.520 --> 01:55:35.520]  Did they dismiss it because you filed it in the wrong court?
[01:55:35.520 --> 01:55:43.520]  Oh, no, no, no. They dismissed it because of failure to prosecute and I lack standing, but I can't because they refused to put it on a stay
[01:55:43.520 --> 01:55:47.520]  to allow the bankruptcy trustee to make his decision.
[01:55:47.520 --> 01:55:52.520]  So they just went through and they just dismissed everybody and then they dismissed the case.
[01:55:52.520 --> 01:55:55.520]  So I was opposing every motion.
[01:55:55.520 --> 01:56:00.520]  So I was setting it up as best I could for the appeal because we never went to court.
[01:56:00.520 --> 01:56:02.520]  We never went into the courtroom over this one.
[01:56:02.520 --> 01:56:06.520]  They challenged immediately my standing.
[01:56:06.520 --> 01:56:11.520]  Okay. Who dismissed your appeal? Was it the court of appeals?
[01:56:11.520 --> 01:56:15.520]  No, it was the district court. The district court struck the notice of appeal.
[01:56:15.520 --> 01:56:20.520]  Then appeal his decision to the court of appeals.
[01:56:20.520 --> 01:56:22.520]  Okay. Okay.
[01:56:22.520 --> 01:56:28.520]  Take it up to the next step. If they're saying that you shouldn't have appealed it into his court,
[01:56:28.520 --> 01:56:32.520]  then you come back and say, sure, you should have.
[01:56:32.520 --> 01:56:41.520]  He's wrong about raising the issue or if you don't seem to be sure which one you appealed it into.
[01:56:41.520 --> 01:56:50.520]  When you gave them a notice of appeal, did you notice them of where you were intending to appeal?
[01:56:50.520 --> 01:56:52.520]  You know, Randy, I think I did. And I had done that.
[01:56:52.520 --> 01:57:00.520]  I did it exactly the same way, at least I thought I did, as I appealed the eviction case into the appellate court.
[01:57:00.520 --> 01:57:08.520]  If that's the case, if you appealed it to the court of appeals and it was sent to the district court,
[01:57:08.520 --> 01:57:11.520]  then that goes to a non-spurtonk.
[01:57:11.520 --> 01:57:12.520]  Okay.
[01:57:12.520 --> 01:57:15.520]  And say that this was sent to the district court in error.
[01:57:15.520 --> 01:57:21.520]  It should have been sent to the court of appeals. That will probably get this fixed.
[01:57:21.520 --> 01:57:25.520]  Okay. All right. That sounds good. I can do that.
[01:57:25.520 --> 01:57:29.520]  Check and make sure those facts are correct first.
[01:57:29.520 --> 01:57:30.520]  I will.
[01:57:30.520 --> 01:57:31.520]  Go ahead, Steve.
[01:57:31.520 --> 01:57:37.520]  Yeah, can I throw two cents in here? Francis, you said that here in the state of Texas,
[01:57:37.520 --> 01:57:40.520]  we've got five days to file a notice of appeal.
[01:57:40.520 --> 01:57:45.520]  It's kind of shocking when you said that you guys get up wherever you're at, you got 60 days.
[01:57:45.520 --> 01:57:54.520]  So if they're saying that you have filed your appeal untimely, there's two different remedies for that that I know of.
[01:57:54.520 --> 01:58:01.520]  One is a writ of certiorari. Another one is a bill, a petition for a bill of review.
[01:58:01.520 --> 01:58:08.520]  Now in a petition for a bill of review, I hear the music in the background. I'll try to get to this.
[01:58:08.520 --> 01:58:11.520]  There's three things that you've got to show the court.
[01:58:11.520 --> 01:58:17.520]  One, a meritorious defense. Two, justification for the failure to assert the defense.
[01:58:17.520 --> 01:58:28.520]  And three, that a default judgment was not rendered due to your fault or negligence of filing such a defense.
[01:58:28.520 --> 01:58:33.520]  So look into those writ of certiorari and a petition for writ of bill of review.
[01:58:33.520 --> 01:58:36.520]  Certiorari is a petition to the Supreme.
[01:58:36.520 --> 01:58:37.520]  Right.
[01:58:37.520 --> 01:58:46.520]  Okay, hang on. We're about to go to break. Randy Kelton, Debbie Stevens, Google Law Radio, our call in number 512-646-1984.
[01:58:46.520 --> 01:58:49.520]  See you there, Mike. We'll get to you.
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