[00:00.000 --> 00:07.000]  This is the Liberty Beat, your daily source for Liberty news and activist updates.
[00:07.000 --> 00:09.000]  Online at thelibertybeat.com.
[00:09.000 --> 00:13.000]  I'm Brian Hagan with your Liberty Beat for Friday, May 2, 2014.
[00:13.000 --> 00:16.000]  Gold open today at $1,279.
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[00:18.000 --> 00:22.000]  And Bitcoin is trading at $447.50.
[00:22.000 --> 00:24.000]  Support for the Liberty Beat comes from Affordable Sound.
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[00:34.000 --> 00:39.000]  And support comes from Voice and Exit, maximizing human flourishing through radical innovation.
[00:39.000 --> 00:40.000]  Tickets on sale now.
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[00:47.000 --> 00:52.000]  In the news, a one-stop shop to hold police accountable for their misconduct is launched.
[00:52.000 --> 00:55.000]  With accountableauthority.com now online.
[00:55.000 --> 01:01.000]  When you go to court, your best friend is not the judge, it's not your defense attorney, it's the jury.
[01:01.000 --> 01:07.000]  If you had access, you'd be able to show the jury, hey, this officer is a serial liar.
[01:07.000 --> 01:10.000]  We know that he's been lying to juries over and over again.
[01:10.000 --> 01:12.000]  We know that he's filed false police reports.
[01:12.000 --> 01:14.000]  He's been caught several times.
[01:14.000 --> 01:19.000]  That's accountable authority founder Daniel Berman, who says the once-missing access to police misconduct
[01:19.000 --> 01:23.000]  is what's being compiled through the Public Health at the website.
[01:23.000 --> 01:30.000]  You can actually post that information for free to a public database where basically if you are caught
[01:30.000 --> 01:36.000]  and you're charged illegally by an officer, you can actually find out if this officer has other false reports that he's filed.
[01:36.000 --> 01:40.000]  Berman encourages all members of the public to document any interaction with police.
[01:40.000 --> 01:49.000]  Video record any time contact is made and to post and upload any instances of abuse at accountableauthority.com.
[01:49.000 --> 01:53.000]  The battle for clean water continues as another Texas city joins the fight.
[01:53.000 --> 01:57.000]  Beaumont, Texas, is debating whether or not to remove fluoride from the water supply.
[01:57.000 --> 02:01.000]  The city's water utilities director believes the substance is corroding water pipes.
[02:01.000 --> 02:05.000]  Councilman Michael Gaff said he's heard from constituents regarding fluoride concerns.
[02:05.000 --> 02:09.000]  But Councilman Dr. Alan Coleman said he believes fluoride to be safe and reliable
[02:09.000 --> 02:13.000]  and will provide data backing such claims from the Texas Dental Association.
[02:13.000 --> 02:17.000]  Support for Liberty Beat comes from Roberts and Roberts Brokerage, Inc.,
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[02:20.000 --> 02:24.000]  They don't feed the banks by taking credit cards, but you can bet they take bitcoin.
[02:24.000 --> 02:30.000]  Online, rrbi.co, or by phone, 800-874-9760.
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[02:49.000 --> 02:53.000]  This is the Liberty Beat for Friday, May 2, 2014.
[02:53.000 --> 03:16.000]  Check out the website at thelibertybeat.com.
[03:16.000 --> 03:30.000]  Hi, Kristen.
[03:30.000 --> 03:31.000]  Okay, we are back.
[03:31.000 --> 03:34.000]  Randy Kelton, Steve Skidmore, Joe Esquivel.
[03:34.000 --> 03:39.000]  Here with our special guests, Richard Kornforth and Marie Lupe.
[03:39.000 --> 03:42.000]  Is it Lupe or Nupe?
[03:42.000 --> 03:46.000]  Yeah, Marie Kornforth.
[03:46.000 --> 03:50.000]  Oh, Kornforth, okay.
[03:50.000 --> 03:51.000]  He didn't tell us that part.
[03:51.000 --> 03:57.000]  We thought you were his girlfriend.
[03:57.000 --> 03:59.000]  We're always joking here.
[03:59.000 --> 04:02.000]  Kristen, I think you know Marie.
[04:02.000 --> 04:04.000]  Yes, I do.
[04:04.000 --> 04:05.000]  Hi, Kristen.
[04:05.000 --> 04:07.000]  Do you have one more question?
[04:07.000 --> 04:10.000]  Go ahead, Marie.
[04:10.000 --> 04:11.000]  Hey, girl.
[04:11.000 --> 04:14.000]  We had one more question, and Marie was going to field that one for us.
[04:14.000 --> 04:15.000]  Oh, okay, real good.
[04:15.000 --> 04:17.000]  Hey, Marie, you've been such great help for me.
[04:17.000 --> 04:23.000]  I am in the SECP hearings that I filed for my mom.
[04:23.000 --> 04:29.000]  I threw my stuff on there because I claimed that my mother needed financial support,
[04:29.000 --> 04:36.000]  and she was misled by the false statements in the mail and needed the financial help,
[04:36.000 --> 04:38.000]  so that's why I came in, which is true.
[04:38.000 --> 04:43.000]  And they're trying to throw it out, and I didn't get a chance to file my witness list
[04:43.000 --> 04:45.000]  with the court and whatnot.
[04:45.000 --> 04:47.000]  What is my strategy for that?
[04:47.000 --> 04:54.000]  I mean, they filed for a motion to dismiss, and I'm going to strike that.
[04:54.000 --> 04:58.000]  It's not too late for me to file my witness list, is it?
[04:58.000 --> 05:02.000]  Oh, absolutely not, and I don't know how far along.
[05:02.000 --> 05:07.000]  I know we've discussed this, and we've contacted each other,
[05:07.000 --> 05:10.000]  and I'm not sure where you are right this minute,
[05:10.000 --> 05:16.000]  but you can go as far as if you even took it to trial.
[05:16.000 --> 05:20.000]  Of course, that free trial, you would list your witnesses,
[05:20.000 --> 05:28.000]  and whatever material they were going to testify to along with your opposing party
[05:28.000 --> 05:34.000]  would do the same thing, so you could list your witnesses anytime.
[05:34.000 --> 05:37.000]  But here's the thing, how can they even make it to trial
[05:37.000 --> 05:39.000]  when they won't even put together an affidavit?
[05:39.000 --> 05:42.000]  They're doing this all based on an attorney's statement,
[05:42.000 --> 05:45.000]  and as we all know, that attorney cannot testify.
[05:45.000 --> 05:46.000]  Right.
[05:46.000 --> 05:53.000]  Shouldn't we just win because they're not disclosing the party?
[05:53.000 --> 05:59.000]  Well, should and can are, of course, different from what the statutes are.
[05:59.000 --> 06:04.000]  Anytime a judge or a lawyer can convince you of the can rules
[06:04.000 --> 06:07.000]  or the threatening rules, they will.
[06:07.000 --> 06:11.000]  But if you can just hold them right up to the candle
[06:11.000 --> 06:16.000]  and ask what statute is being broken and who the damaged party is,
[06:16.000 --> 06:23.000]  then that would be supportive to you.
[06:23.000 --> 06:26.000]  Okay.
[06:26.000 --> 06:29.000]  And as far as the affidavit, Kristen,
[06:29.000 --> 06:35.000]  it's very difficult to even look at any affidavits because, of course,
[06:35.000 --> 06:42.000]  as we know, affidavits, you have to have personal knowledge of the facts
[06:42.000 --> 06:48.000]  to be able to testify, and personal knowledge would have to be
[06:48.000 --> 06:55.000]  during the time of business and at the time either conception of the complaint.
[06:55.000 --> 07:01.000]  But the point is is an affidavit is never belief, it's never opinion.
[07:01.000 --> 07:04.000]  This is the business practice.
[07:04.000 --> 07:09.000]  An affidavit is personal knowledge bolstered by any statement or receipt
[07:09.000 --> 07:14.000]  that will back up what the fact is that you're testifying to in your affidavit.
[07:14.000 --> 07:16.000]  Okay.
[07:16.000 --> 07:20.000]  Well, right, I know that for me because I'm the plaintiff in this situation.
[07:20.000 --> 07:25.000]  They're coming with no affidavit and it's all based on, and no certified documents.
[07:25.000 --> 07:30.000]  They put a whole pile of attachment to their answer,
[07:30.000 --> 07:32.000]  and it's not been certified,
[07:32.000 --> 07:37.000]  and they have no personal knowledge affidavit testimony to any of that stuff.
[07:37.000 --> 07:47.000]  Right, and another point is I'm working on a high-profile appeal right now,
[07:47.000 --> 07:51.000]  and the point is, and to all you listeners out there,
[07:51.000 --> 08:00.000]  I don't know if we're on the air, but of course the note, the original note,
[08:00.000 --> 08:08.000]  the recorded original note, and the inseparable mortgage with your name on it
[08:08.000 --> 08:13.000]  and the person you've made that contract with has to be attached
[08:13.000 --> 08:18.000]  at the inception of the complaint.
[08:18.000 --> 08:22.000]  So when the complaint is filed, all this has to be attached.
[08:22.000 --> 08:26.000]  If not, it's void and null.
[08:26.000 --> 08:29.000]  What about blank endorsements?
[08:29.000 --> 08:30.000]  No.
[08:30.000 --> 08:33.000]  Incomplete stampings rather than a blank endorsement.
[08:33.000 --> 08:38.000]  You need to go to 3205 of the Uniform Commercial Code, and that'll help you.
[08:38.000 --> 08:39.000]  Sorry to interrupt you.
[08:39.000 --> 08:43.000]  And the commercial code, since you brought it up, of course code is code.
[08:43.000 --> 08:44.000]  Statute is statute.
[08:44.000 --> 08:54.000]  Code is not a statute, but code has to plead in harmony with the statute to be legal.
[08:54.000 --> 08:56.000]  Okay.
[08:56.000 --> 08:58.000]  Man, thank you guys so much.
[08:58.000 --> 09:02.000]  I appreciate this, and I praise God for the wisdom that's been given.
[09:02.000 --> 09:03.000]  Thank you so much.
[09:03.000 --> 09:06.000]  Well, thank you, and we just appreciate you,
[09:06.000 --> 09:10.000]  and we like being servants, and that's what Richard and I,
[09:10.000 --> 09:15.000]  we consider ourselves servants for those that really are in need,
[09:15.000 --> 09:18.000]  and we just hope that you'll visit our website,
[09:18.000 --> 09:24.000]  and anything there as far as our materials, we hope it will be helpful for you.
[09:24.000 --> 09:27.000]  Yes, yes.
[09:27.000 --> 09:28.000]  Okay.
[09:28.000 --> 09:29.000]  Thank you, Kristen.
[09:29.000 --> 09:30.000]  Thank you.
[09:30.000 --> 09:36.000]  Now we're going to go to Ed in Louisiana.
[09:36.000 --> 09:37.000]  Hello, Mr. Ed.
[09:37.000 --> 09:38.000]  What do you have for us?
[09:38.000 --> 09:39.000]  Hello.
[09:39.000 --> 09:42.000]  Hello, Richard and Marie.
[09:42.000 --> 09:43.000]  Hey, Ed.
[09:43.000 --> 09:44.000]  How are you doing?
[09:44.000 --> 09:45.000]  I'm doing fine.
[09:45.000 --> 09:46.000]  I'm doing fine.
[09:46.000 --> 09:47.000]  Good.
[09:47.000 --> 09:56.000]  Of course, I've got probably the strangest relationship with my bank.
[09:56.000 --> 10:01.000]  My basic question is can I do a qualified request
[10:01.000 --> 10:06.000]  if I'm quote unquote behind on my payments?
[10:06.000 --> 10:13.000]  Oh, absolutely, and if you do write a qualified written request letter
[10:13.000 --> 10:18.000]  and you don't get a response, write the second one,
[10:18.000 --> 10:23.000]  and again, if you need a sample or a template for that,
[10:23.000 --> 10:26.000]  please visit us at richardconfort.com,
[10:26.000 --> 10:33.000]  and our email address for the website is lawclubusa at yahoo.com,
[10:33.000 --> 10:37.000]  and Ed, we've discussed the qualified written request before,
[10:37.000 --> 10:39.000]  and I'm not sure where you are on that.
[10:39.000 --> 10:43.000]  I know that you've been exercising that as a privilege to use,
[10:43.000 --> 10:47.000]  and we've used that several times with other students,
[10:47.000 --> 10:53.000]  and we're at the point now of collateral attacking these mortgage servicers
[10:53.000 --> 10:58.000]  for cognitive and punitive damages.
[10:58.000 --> 10:59.000]  Right.
[10:59.000 --> 11:01.000]  I haven't been able to move on it the way I wanted to
[11:01.000 --> 11:07.000]  because I've had issues with my personal life when your health
[11:07.000 --> 11:16.000]  and your imminent illness is more important than legal matters,
[11:16.000 --> 11:22.000]  and if I can prove that they committed fraud,
[11:22.000 --> 11:25.000]  what happened was they foreclosed on me or they tried to,
[11:25.000 --> 11:30.000]  and they went all the way up and put the notice of sheriff's sale,
[11:30.000 --> 11:33.000]  so I knuckled under because I had other issues.
[11:33.000 --> 11:42.000]  I went and recovered or retired or whatever they call it, paid the balance,
[11:42.000 --> 11:47.000]  and I was caught up, and then inexplicably two months later,
[11:47.000 --> 11:54.000]  all of the attorney's fees and interest and penalties were just refunded
[11:54.000 --> 11:56.000]  to my account without explanation.
[11:56.000 --> 12:00.000]  It was like three, four months' worth of mortgage payments.
[12:00.000 --> 12:01.000]  Right.
[12:01.000 --> 12:05.000]  And, of course, I know you followed up with the dispute letters,
[12:05.000 --> 12:10.000]  and we've got one student, similar to this situation,
[12:10.000 --> 12:13.000]  where all kinds of fees were added in,
[12:13.000 --> 12:18.000]  even to the point of taking pictures and appraising,
[12:18.000 --> 12:24.000]  but what we teach is just dispute it with the dispute letters,
[12:24.000 --> 12:30.000]  and we've got one student that is on their 27th dispute letter.
[12:30.000 --> 12:36.000]  So I should even dispute an accounting in my favor?
[12:36.000 --> 12:40.000]  Oh, absolutely, because, first of all,
[12:40.000 --> 12:45.000]  they'd have to come up with the material as far as the original promissory note
[12:45.000 --> 12:48.000]  and the mortgage with your name on it and theirs,
[12:48.000 --> 12:52.000]  and even if they came up to a suit with you,
[12:52.000 --> 12:57.000]  they would have to attach that at the inception of the complaint.
[12:57.000 --> 13:00.000]  Okay. I see.
[13:00.000 --> 13:05.000]  A point about them and accounting error in your favor.
[13:05.000 --> 13:09.000]  These guys are scoundrels.
[13:09.000 --> 13:14.000]  Well, if you check out the latest,
[13:14.000 --> 13:17.000]  and it's in my foreclosure book,
[13:17.000 --> 13:23.000]  is the 49 attorney generals of the United States sued the big banks
[13:23.000 --> 13:26.000]  against mortgage servicing fraud and won,
[13:26.000 --> 13:29.000]  and, of course, that's why most of the people
[13:29.000 --> 13:32.000]  have been getting their settlements from that suit.
[13:32.000 --> 13:38.000]  So mortgage servicing fraud has been around a long time,
[13:38.000 --> 13:44.000]  and if you go to mortgage servicing fraud, Google it,
[13:44.000 --> 13:49.000]  you'd probably find over 150 service frauds
[13:49.000 --> 13:54.000]  that probably most of you will find in your own paperwork.
[13:54.000 --> 14:00.000]  So if you want to use that United States case,
[14:00.000 --> 14:07.000]  I have that in the foreclosure book, so it might be helpful.
[14:07.000 --> 14:09.000]  Yes, and watch these guys,
[14:09.000 --> 14:13.000]  because if they gave that money back to you,
[14:13.000 --> 14:17.000]  what they're likely to do is watch your payments,
[14:17.000 --> 14:21.000]  and the third time you're slow to pay,
[14:21.000 --> 14:25.000]  then they're going to presume that you're struggling,
[14:25.000 --> 14:27.000]  and then they're going to come back and say,
[14:27.000 --> 14:30.000]  boy, we made a mistake.
[14:30.000 --> 14:33.000]  We gave all this money back to you, and we shouldn't have,
[14:33.000 --> 14:36.000]  so we've been charging interest on it all this time.
[14:36.000 --> 14:39.000]  Pay us 10 grand, and we're going to foreclose tomorrow.
[14:39.000 --> 14:40.000]  Good.
[14:40.000 --> 14:42.000]  Right, and at that point, you just go ahead
[14:42.000 --> 14:46.000]  and counter-sue them for more than what they're suing you for.
[14:46.000 --> 14:49.000]  Right.
[14:49.000 --> 14:54.000]  I found out by accident that I discovered the fraud,
[14:54.000 --> 14:59.000]  and when I had heard from, I'd gotten a letter from some lawyer,
[14:59.000 --> 15:01.000]  oh, yes, you're under foreclosure.
[15:01.000 --> 15:02.000]  Really?
[15:02.000 --> 15:03.000]  It hadn't been noticed yet.
[15:03.000 --> 15:05.000]  So I went to the court, and I got the paperwork,
[15:05.000 --> 15:09.000]  and they had like six pages of documents.
[15:09.000 --> 15:14.000]  And then later I went back, a couple of months later,
[15:14.000 --> 15:17.000]  after I was still fighting with them, and they had added paperwork,
[15:17.000 --> 15:25.000]  and in February of 2013, the servicer, quote, unquote,
[15:25.000 --> 15:29.000]  bought the mortgage from MERS, even though they had maintained
[15:29.000 --> 15:34.000]  that they were the owner of the mortgage
[15:34.000 --> 15:39.000]  they'd been trying to collect from me for 14 months prior to that.
[15:39.000 --> 15:44.000]  Okay, and of course, that's in the foreclosure book, too.
[15:44.000 --> 15:48.000]  MERS is not ownership to anything.
[15:48.000 --> 15:53.000]  MERS is just an electronic system that holds a numbering system,
[15:53.000 --> 15:58.000]  and I have that case also where they admitted that they didn't have anything.
[15:58.000 --> 16:03.000]  And MERS is a system, it's a business,
[16:03.000 --> 16:08.000]  and because they electronically file for these banks,
[16:08.000 --> 16:13.000]  they have memberships that people buy into, like law firms,
[16:13.000 --> 16:17.000]  they'll buy bundles of these numbers, and they'll call it,
[16:17.000 --> 16:21.000]  they'll have an assignment from MERS, which there's no such thing.
[16:21.000 --> 16:23.000]  There's no such thing as an assignment of mortgage
[16:23.000 --> 16:26.000]  because the mortgage can't be separated from the note.
[16:26.000 --> 16:28.000]  I mean, that's law.
[16:28.000 --> 16:34.000]  I have 13 pages of statutes that you can use for that.
[16:34.000 --> 16:39.000]  But the point is, that's a total complete fraud to begin with.
[16:39.000 --> 16:43.000]  Oh, yes, they're really not dirtbags, aren't they?
[16:43.000 --> 16:44.000]  Okay, hang on.
[16:44.000 --> 16:46.000]  Do we have anything else for you, Ed?
[16:46.000 --> 16:48.000]  We're about to go to break.
[16:48.000 --> 16:51.000]  No, I'm done.
[16:51.000 --> 16:52.000]  Okay, we don't have time.
[16:52.000 --> 16:54.000]  I'd like to talk with you again, Ed.
[16:54.000 --> 16:55.000]  You too.
[16:55.000 --> 17:01.000]  Okay, we'll be right back.
[17:01.000 --> 17:05.000]  Through advances in technology, our lives have greatly improved,
[17:05.000 --> 17:07.000]  except in the area of nutrition.
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[18:50.000 --> 18:52.000]  That's RuleOfLawRadio.com,
[18:52.000 --> 18:57.000]  or email M-I-C-H-A-E-L-M-I-R-R-A-S at Yahoo.com
[18:57.000 --> 19:00.000]  to learn how to stop debt collectors now.
[19:00.000 --> 19:05.000]  You are listening to the Logos Radio Network,
[19:05.000 --> 19:09.000]  LogosRadioNetwork.com.
[19:09.000 --> 19:14.000]  Well, don't let nothing get to you.
[19:14.000 --> 19:17.000]  Only the Father can deliver you.
[19:17.000 --> 19:20.000]  Don't let back my people hurt you.
[19:20.000 --> 19:23.000]  Until they can get behind you.
[19:23.000 --> 19:25.000]  Know what I mean?
[19:25.000 --> 19:27.000]  Okay, we are back.
[19:27.000 --> 19:30.000]  Randy Kelton, Deborah Stevens, Rule of Law Radio,
[19:30.000 --> 19:33.000]  here with Steve Skidmore, Joe Esquivel,
[19:33.000 --> 19:36.000]  and our special guest, Richard Cornforth.
[19:36.000 --> 19:43.000]  And, Richard, you wanted to announce your IRS program,
[19:43.000 --> 19:46.000]  and Richard is going to leave us after this segment.
[19:46.000 --> 19:50.000]  So, will you tell us about your IRS program?
[19:50.000 --> 19:55.000]  Yeah, just briefly, I was challenged many years ago
[19:55.000 --> 19:58.000]  to come up with a strategy against the IRS.
[19:58.000 --> 20:01.000]  The problem with the IRS is there are many things
[20:01.000 --> 20:04.000]  that are supposed to work, but they don't work
[20:04.000 --> 20:09.000]  because they're the guys, and they come after you.
[20:09.000 --> 20:14.000]  So, we devised the closest thing to a fail-safe strategy
[20:14.000 --> 20:16.000]  to protect yourself from the IRS,
[20:16.000 --> 20:21.000]  and we advocate that stand on the radar if you can,
[20:21.000 --> 20:26.000]  but if you cannot, take it into the administrative process,
[20:26.000 --> 20:29.000]  and we give you the step-by-step of how to do that.
[20:29.000 --> 20:32.000]  And we advocate that if you do that,
[20:32.000 --> 20:36.000]  you can never lawfully be prosecuted by the IRS.
[20:36.000 --> 20:39.000]  That in itself is worth how much?
[20:39.000 --> 20:41.000]  A million bucks?
[20:41.000 --> 20:47.000]  But also, using the same process, it is very, very difficult
[20:47.000 --> 20:50.000]  for the IRS to be able to take any money
[20:50.000 --> 20:52.000]  or property away from you.
[20:52.000 --> 20:57.000]  So, I just wish people would open up to this material.
[20:57.000 --> 21:02.000]  Again, this is one of our modules at richardcornforth.com,
[21:02.000 --> 21:06.000]  but if people out there have an anxiety about the IRS,
[21:06.000 --> 21:09.000]  perhaps that can be set aside by subscribing
[21:09.000 --> 21:12.000]  to some of the materials there,
[21:12.000 --> 21:17.000]  because the IRS issue of the IRS
[21:17.000 --> 21:21.000]  confiscating people's money and property
[21:21.000 --> 21:24.000]  to resolve this incredible debt problem
[21:24.000 --> 21:27.000]  is now very much in peril because of its interplay
[21:27.000 --> 21:32.000]  with the mortgage-backed security and government financing.
[21:32.000 --> 21:36.000]  People need to be really ramped up on the IRS,
[21:36.000 --> 21:39.000]  and right now that the IRS is a little bit on the roadside,
[21:39.000 --> 21:41.000]  you have time to do that.
[21:41.000 --> 21:45.000]  So, again, the IRS information is available on our website
[21:45.000 --> 21:49.000]  at richardcornforth.com.
[21:49.000 --> 21:52.000]  Okay, and Richard, I really want to thank you for being on.
[21:52.000 --> 21:54.000]  This has been a wonderful show,
[21:54.000 --> 21:57.000]  and we will look forward to your coming back again.
[21:57.000 --> 22:01.000]  Well, good, great, great.
[22:01.000 --> 22:04.000]  Okay, thank you, and do you want to stay
[22:04.000 --> 22:06.000]  and answer some more questions, or do you need to go?
[22:06.000 --> 22:08.000]  Yeah, I'll take a few more questions
[22:08.000 --> 22:10.000]  until we come up to the break.
[22:10.000 --> 22:14.000]  All righty, then now we're going to go to Charity in Iowa.
[22:14.000 --> 22:16.000]  Hello, Ms. Charity.
[22:16.000 --> 22:17.000]  Hello.
[22:17.000 --> 22:19.000]  What do you have for us today?
[22:19.000 --> 22:22.000]  I have a couple of questions.
[22:22.000 --> 22:27.000]  The first question I have is,
[22:27.000 --> 22:34.000]  when you challenged the jurisdiction during a trial,
[22:34.000 --> 22:37.000]  or, well, the jurisdiction on this particular case
[22:37.000 --> 22:42.000]  was challenged just before the trial started,
[22:42.000 --> 22:46.000]  and they clearly did not have jurisdiction,
[22:46.000 --> 22:50.000]  but the judge just ignored it and continued on.
[22:50.000 --> 22:51.000]  He lost jurisdiction.
[22:51.000 --> 22:54.000]  He lost jurisdiction.
[22:54.000 --> 22:57.000]  There is a memorandum in our materials,
[22:57.000 --> 22:58.000]  and pardon me for interrupting,
[22:58.000 --> 23:01.000]  but this is so important for people to understand.
[23:01.000 --> 23:05.000]  You are never foreclosed on challenging
[23:05.000 --> 23:07.000]  subject matter jurisdiction,
[23:07.000 --> 23:12.000]  and the court must conduct a findings of facts
[23:12.000 --> 23:15.000]  and conclusions of law regarding your challenge
[23:15.000 --> 23:18.000]  or the court has lost jurisdiction.
[23:18.000 --> 23:21.000]  End of story.
[23:21.000 --> 23:25.000]  Okay, so if now, after the fact,
[23:25.000 --> 23:28.000]  we didn't know what to do,
[23:28.000 --> 23:31.000]  so we tried to do everything we knew to do.
[23:31.000 --> 23:37.000]  This was actually a criminal case.
[23:37.000 --> 23:38.000]  Right.
[23:38.000 --> 23:40.000]  Still the same.
[23:40.000 --> 23:43.000]  There was no, okay.
[23:43.000 --> 23:48.000]  Basically, it was a first-degree robbery charge,
[23:48.000 --> 23:54.000]  and the person who I was helping,
[23:54.000 --> 23:58.000]  first of all, there was no robbery.
[23:58.000 --> 24:03.000]  It's been on the record that the police officers lied.
[24:03.000 --> 24:08.000]  Okay, yeah, and again, I'm not interrupting,
[24:08.000 --> 24:11.000]  intending to be rude,
[24:11.000 --> 24:15.000]  but again, they had to say who did what,
[24:15.000 --> 24:17.000]  where did they do it, when did they do it,
[24:17.000 --> 24:19.000]  how did they do it, who was the victim,
[24:19.000 --> 24:20.000]  and what are the damages.
[24:20.000 --> 24:24.000]  If they left out one thing in a criminal prosecution,
[24:24.000 --> 24:27.000]  they lost subject matter jurisdiction,
[24:27.000 --> 24:32.000]  so you need to look at the charging instrument.
[24:32.000 --> 24:33.000]  Okay.
[24:33.000 --> 24:36.000]  It was either an information indictment
[24:36.000 --> 24:38.000]  or possibly a grand jury return,
[24:38.000 --> 24:41.000]  but there was probably better than 90% chance
[24:41.000 --> 24:44.000]  it was on information only.
[24:44.000 --> 24:50.000]  That information has to say who, what, where, when,
[24:50.000 --> 24:54.000]  how, statute, victim, damages.
[24:54.000 --> 24:59.000]  If it can't state that, then you go back
[24:59.000 --> 25:03.000]  and you collaterally attack that in state court.
[25:03.000 --> 25:04.000]  This was a stinker.
[25:04.000 --> 25:09.000]  It was just a malicious prosecution.
[25:09.000 --> 25:10.000]  Okay.
[25:10.000 --> 25:14.000]  And a little trick you might try.
[25:14.000 --> 25:17.000]  If you think they're pulling a fast one,
[25:17.000 --> 25:20.000]  go to the clerk, the district clerk,
[25:20.000 --> 25:27.000]  and ask for the name of the court recorder
[25:27.000 --> 25:31.000]  who did the recording of the grand jury hearings,
[25:31.000 --> 25:35.000]  and then send a letter to the court recorder
[25:35.000 --> 25:38.000]  asking her to price the transcripts
[25:38.000 --> 25:41.000]  for the day of this indictment.
[25:41.000 --> 25:44.000]  We had someone on last night did that.
[25:44.000 --> 25:46.000]  The court recorder came back and said,
[25:46.000 --> 25:48.000]  there was no hearing that day.
[25:48.000 --> 25:51.000]  There was no recording.
[25:51.000 --> 25:52.000]  Okay.
[25:52.000 --> 25:53.000]  Let me get that written down.
[25:53.000 --> 25:57.000]  You said asking the court reporter to do what?
[25:57.000 --> 26:01.000]  Yeah, the grand jury is generally a court reporter's bid
[26:01.000 --> 26:05.000]  on being the reporter for the grand juries,
[26:05.000 --> 26:07.000]  and then the court pays them.
[26:07.000 --> 26:10.000]  The best way to find out that they're pulling shenanigans
[26:10.000 --> 26:13.000]  is to look in their records and the money they dispense.
[26:13.000 --> 26:15.000]  So you want to find out who the recorder was
[26:15.000 --> 26:17.000]  and ask the recorder how much she would charge you
[26:17.000 --> 26:22.000]  for a transcript for the day of this hearing.
[26:22.000 --> 26:25.000]  See what you get back.
[26:25.000 --> 26:28.000]  And it is very important to understand
[26:28.000 --> 26:30.000]  it is an affidavit form.
[26:30.000 --> 26:36.000]  It cannot have a conclusion or an opinion.
[26:36.000 --> 26:39.000]  It has to have facts, period.
[26:39.000 --> 26:42.000]  No conclusions.
[26:42.000 --> 26:44.000]  Now, okay.
[26:44.000 --> 26:50.000]  So then purchase those transcripts from the actual day
[26:50.000 --> 26:53.000]  that the charging instrument was created.
[26:53.000 --> 26:54.000]  Exactly.
[26:54.000 --> 27:00.000]  You'd be surprised how often it is not.
[27:00.000 --> 27:02.000]  It either doesn't exist
[27:02.000 --> 27:07.000]  or it is a factual sufficiency of the client.
[27:07.000 --> 27:08.000]  Okay.
[27:08.000 --> 27:13.000]  Yeah, because this one is like no one who was there
[27:13.000 --> 27:17.000]  could believe that they got away with what they'd done.
[27:17.000 --> 27:20.000]  The young man that I was helping,
[27:20.000 --> 27:25.000]  basically what they saw him do was he was kneeling in the street.
[27:25.000 --> 27:28.000]  And that's all they ever seen him do.
[27:28.000 --> 27:33.000]  And he was charged with first degree robbery, 20 years.
[27:33.000 --> 27:34.000]  That's it.
[27:34.000 --> 27:35.000]  Okay.
[27:35.000 --> 27:38.000]  I have a statistic for you you're not going to like.
[27:38.000 --> 27:48.000]  Average conviction rate for every state that I've looked at, 99.6.
[27:48.000 --> 27:53.000]  You are living in the worst police state the world has ever seen.
[27:53.000 --> 27:59.000]  The United States contains approximately 3% of the world's population.
[27:59.000 --> 28:05.000]  We house approximately 50% of the world's population of inmates.
[28:05.000 --> 28:09.000]  Would you recognize a police state if you were in one?
[28:09.000 --> 28:13.000]  And I can demonstrate with specificity and particularity
[28:13.000 --> 28:20.000]  how every single arrest in every state I've looked at is not only wrong,
[28:20.000 --> 28:25.000]  it is very specifically against particular law.
[28:25.000 --> 28:28.000]  And it's not just against law.
[28:28.000 --> 28:31.000]  It's against law for a very specific purpose.
[28:31.000 --> 28:35.000]  And that is to put a reasonable person of ordinary prudence in a position
[28:35.000 --> 28:41.000]  such that they have no option but to accept a deal when it's offered.
[28:41.000 --> 28:47.000]  And one thing to remember is there is no such thing as a common law crime.
[28:47.000 --> 28:51.000]  All crimes are statutory.
[28:51.000 --> 28:57.000]  If they can't put your finger on the statute that was violated, no crime was committed.
[28:57.000 --> 29:01.000]  Now it's a little tricky because it could have been quasi-criminal,
[29:01.000 --> 29:10.000]  but quasi-criminal only applies to people that are operating in a system of privilege.
[29:10.000 --> 29:12.000]  Okay.
[29:12.000 --> 29:17.000]  There's no such thing as being convicted of being a bad person.
[29:17.000 --> 29:21.000]  They have to show you what statute you violated
[29:21.000 --> 29:27.000]  or what business enterprise you were in that imposed a criminal penalty
[29:27.000 --> 29:32.000]  for violating the code applying to that activity.
[29:32.000 --> 29:36.000]  Okay.
[29:36.000 --> 29:39.000]  And then the other question I have is...
[29:39.000 --> 29:42.000]  Okay. Hang on. Hang on. We're about to go to break.
[29:42.000 --> 29:46.000]  This is Randy Kelton, Steve Skidmore, Joe Esquivel,
[29:46.000 --> 29:50.000]  Rue of La Radio here with our special guest Richard Kornforth.
[29:50.000 --> 29:52.000]  And Richard will be leaving us now.
[29:52.000 --> 29:55.000]  I really appreciate you staying with us.
[29:55.000 --> 29:56.000]  We'll be right back.
[29:56.000 --> 29:58.000]  We really appreciate it.
[29:58.000 --> 30:02.000]  And we'll talk to you again soon.
[30:02.000 --> 30:05.000]  And now for the ultimate conversation killer,
[30:05.000 --> 30:09.000]  a speech-jamming gun that silences people in mid-sentence.
[30:09.000 --> 30:12.000]  I've got your Catherine Albrecht back with details on a device
[30:12.000 --> 30:16.000]  that shuts people up by freezing their brains next.
[30:16.000 --> 30:18.000]  Privacy is under attack.
[30:18.000 --> 30:21.000]  When you give up data about yourself, you'll never get it back again.
[30:21.000 --> 30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.000 --> 30:28.000]  So protect your rights.
[30:28.000 --> 30:32.000]  Say no to surveillance and keep your information to yourself.
[30:32.000 --> 30:34.000]  Privacy. It's worth hanging on to.
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[33:25.000 --> 33:29.000]  The Texas Transportation Code
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[34:25.000 --> 34:29.000]  The Texas Transportation Code
[34:29.000 --> 34:39.000]  The Texas Transportation Code
[34:39.000 --> 34:41.000]  Okay we are back.
[34:41.000 --> 34:45.000]  Randy Kelton, Steve Skidmore, Joe Esquivel, Rule of Law Radio,
[34:45.000 --> 34:48.000]  and we're talking to Charity in Iowa.
[34:48.000 --> 35:01.440]  Okay, have you pulled up the Iowa code for the charge against this person?
[35:01.440 --> 35:02.440]  I did.
[35:02.440 --> 35:03.440]  I did before.
[35:03.440 --> 35:07.040]  It's been a while.
[35:07.040 --> 35:17.720]  Did you look to see that all of the elements of the charged were named in the complaint?
[35:17.720 --> 35:18.720]  They were not.
[35:18.720 --> 35:25.960]  There were two different complaints, and they were filed at the exact same time stating two
[35:25.960 --> 35:28.960]  different things.
[35:28.960 --> 35:37.960]  That's more than one person can file a complaint on a given offense, and they're likely to
[35:37.960 --> 35:39.480]  be somewhat different.
[35:39.480 --> 35:44.240]  The complaint itself can essentially be hearsay.
[35:44.240 --> 35:53.760]  Yeah, that's how it could have possibly been, and there's no way that it was met, because
[35:53.760 --> 35:54.760]  there was no robbery.
[35:54.760 --> 35:55.760]  No, wait a minute.
[35:55.760 --> 35:56.760]  No, no, no.
[35:56.760 --> 36:04.360]  That doesn't make any difference as to what we're speaking to.
[36:04.360 --> 36:12.720]  Were all of the elements of the crime claimed in the criminal complaint?
[36:12.720 --> 36:18.680]  I better go back and look at that again.
[36:18.680 --> 36:20.960]  Lawyers tend to think that law is an art.
[36:20.960 --> 36:22.440]  Well, it's not.
[36:22.440 --> 36:27.720]  I'm an engineer, and law is an engineering process.
[36:27.720 --> 36:33.300]  The statutes, they're tech manuals, and you just follow the steps.
[36:33.300 --> 36:39.080]  In order to file a criminal complaint, you have to claim all of the elements, all of
[36:39.080 --> 36:42.280]  the necessary elements of the crime.
[36:42.280 --> 36:47.880]  If you haven't claimed all of the necessary elements, you haven't made a complaint.
[36:47.880 --> 36:51.280]  It only looks like a complaint.
[36:51.280 --> 36:56.840]  That is always the first thing we should do is look at the elements of the crime and make
[36:56.840 --> 36:59.800]  sure all of the elements are there.
[36:59.800 --> 37:03.680]  If not, you challenge the sufficiency of the complaint or the indictment.
[37:03.680 --> 37:08.240]  If there is an indictment, that was a grand jury indictment.
[37:08.240 --> 37:16.040]  When they have a squarely complaint, very often it never goes to a grand jury.
[37:16.040 --> 37:21.920]  While the grand jury systems are, for the most part, well constructed, this is a weakness.
[37:21.920 --> 37:28.560]  A criminal prosecution can move through where the indictment was faked and the grand jury
[37:28.560 --> 37:31.680]  never knows.
[37:31.680 --> 37:37.440]  It's really disappointing at how often I find this is the case.
[37:37.440 --> 37:42.560]  I think this is the case where that's happened as well.
[37:42.560 --> 37:46.320]  The things you want to do, what's the position of the personality?
[37:46.320 --> 37:47.680]  Is he in jail?
[37:47.680 --> 37:48.680]  Is he on appeal?
[37:48.680 --> 37:49.680]  What's the situation?
[37:49.680 --> 37:59.200]  He's in jail on appeal, and first the attorney was not wanting to help him, and once he looked
[37:59.200 --> 38:07.400]  at it and I spoke with him and he saw that the guy is innocent, now he's really
[38:07.400 --> 38:15.160]  trying to help him, and he pointed out actually in his brief for the appeal, he pointed out
[38:15.160 --> 38:26.200]  where one thing was said in open court, and not only did the officer falsify information
[38:26.200 --> 38:33.440]  but also the prosecutor, they kept on saying that this kid lied down in the street and
[38:33.440 --> 38:40.320]  blocked traffic when under oath and asked the questions of the witness, the officer,
[38:40.320 --> 38:45.600]  he said that this guy was kneeling in the street, it looked like he was getting up off
[38:45.600 --> 38:50.040]  of his knees in the street, which that could have been anything, he could have been walking
[38:50.040 --> 38:58.880]  across the street, but they chose to say that it was a robbery and no one ever asked anybody.
[38:58.880 --> 39:07.360]  Okay, wait a minute, in order for something to be aggravated perjury, the conflicting
[39:07.360 --> 39:16.280]  statements would have to be statements of material fact, and you're using pronouns
[39:16.280 --> 39:25.240]  they, them, he, she, if you, when you think about these issues and when you talk about
[39:25.240 --> 39:36.000]  these issues, never ever use pronouns, lawyers specialize in misconstruing what you say,
[39:36.000 --> 39:42.840]  if you say he, the lawyer will pick any he he wants to and assume you're talking about
[39:42.840 --> 39:48.880]  that he instead of the one he knew you were actually talking about, so as a matter of
[39:48.880 --> 39:56.720]  discipline we should never use pronouns unless there's absolutely no way to misconstrued.
[39:56.720 --> 40:04.560]  Who was kneeling in the street, the accused or the alleged victim?
[40:04.560 --> 40:08.800]  The accused was kneeling in the street.
[40:08.800 --> 40:14.040]  Okay, and they got that to aggravated robbery, was he armed?
[40:14.040 --> 40:21.760]  No, he was not, basically another person walked from across the other side of the street and
[40:21.760 --> 40:29.480]  pointed a gun and then the officer who was in an unmarked police car, an unmarked car
[40:29.480 --> 40:35.760]  with plain clothes, he got back in his vehicle and backed up and then the person who pulled
[40:35.760 --> 40:41.680]  the gun walked away and the person in the street walked away and they called that first
[40:41.680 --> 40:46.760]  degree robbery, simple as that, the guy never asked for nothing, never said anything, he
[40:46.760 --> 40:48.520]  could have been pointing the gun at one of his friends.
[40:48.520 --> 40:52.760]  This doesn't make any sense, who did he point the gun at?
[40:52.760 --> 40:58.040]  He pointed it at the man who pulled up in the car who ended up being an officer in an
[40:58.040 --> 41:00.720]  unmarked car with plain street clothes.
[41:00.720 --> 41:04.320]  Okay, is this the same guy that was kneeling in the street?
[41:04.320 --> 41:08.160]  No, the guy kneeling in the street is the one who was shot in the car.
[41:08.160 --> 41:11.160]  Okay, hold on, this is really, really confusing.
[41:11.160 --> 41:12.160]  It is.
[41:12.160 --> 41:13.160]  I guess I...
[41:13.160 --> 41:16.240]  What does the guy kneeling in the street have to do with anything?
[41:16.240 --> 41:21.240]  Nothing, but they charged him with first degree robbery along with the guy...
[41:21.240 --> 41:23.040]  How did they get to robbery?
[41:23.040 --> 41:25.920]  Did they accuse him of having a gun?
[41:25.920 --> 41:28.720]  No, no.
[41:28.720 --> 41:34.080]  They started out saying that it was aiding and abetting, then they just switched it and
[41:34.080 --> 41:36.200]  charged him with first degree robbery.
[41:36.200 --> 41:37.200]  It was a whole family...
[41:37.200 --> 41:41.560]  If he aided and abetted and they couldn't find the guy who actually did it, then he
[41:41.560 --> 41:43.760]  can be charged with first degree robbery.
[41:43.760 --> 41:46.000]  Yeah, they had the guy.
[41:46.000 --> 41:47.600]  They charged him both with that.
[41:47.600 --> 41:51.800]  Okay, they can do that.
[41:51.800 --> 41:56.920]  The fact that he wasn't holding the gun is irrelevant as to if he acted in concert inclusion
[41:56.920 --> 42:00.520]  with the guy who did hold the gun.
[42:00.520 --> 42:06.320]  But the guy who did hold the gun didn't ask for anything or didn't pursue him, he didn't
[42:06.320 --> 42:07.320]  make it...
[42:07.320 --> 42:10.640]  There was nothing done to make it seem like he was going to rob.
[42:10.640 --> 42:13.120]  Was it alleged that he did?
[42:13.120 --> 42:16.600]  A ledge.
[42:16.600 --> 42:28.400]  Or was it alleged that it was clear from his behavior that it was his intent to rob?
[42:28.400 --> 42:29.400]  They built a story around...
[42:29.400 --> 42:30.400]  Enough.
[42:30.400 --> 42:31.400]  If it appears as though...
[42:31.400 --> 42:33.680]  But there was no fact.
[42:33.680 --> 42:35.280]  The guy pulled a gun.
[42:35.280 --> 42:40.080]  It's a really, really big deal.
[42:40.080 --> 42:46.480]  And if he pointed the weapon at someone that wasn't threatening him, that is an extremely
[42:46.480 --> 42:48.480]  big deal.
[42:48.480 --> 42:58.680]  And if the other person was with him and acting in concert inclusion with him, that's valid.
[42:58.680 --> 43:03.040]  Even if he didn't rob him, if it was clear from his behavior and the jury found that
[43:03.040 --> 43:07.600]  it was clear from his behavior that it was his intent to rob, but the other person got
[43:07.600 --> 43:14.440]  away, he said the guy backed up, then he was unable to.
[43:14.440 --> 43:17.000]  That doesn't absolve him of any guilt.
[43:17.000 --> 43:18.000]  And he...
[43:18.000 --> 43:19.000]  Yeah.
[43:19.000 --> 43:20.000]  Well, okay.
[43:20.000 --> 43:23.760]  Yeah, it was really a strange case.
[43:23.760 --> 43:24.760]  Yeah.
[43:24.760 --> 43:30.640]  And always when you're trying to help somebody, you know, I do this a lot.
[43:30.640 --> 43:34.280]  Your client never, ever tells you everything.
[43:34.280 --> 43:35.280]  Okay.
[43:35.280 --> 43:42.560]  You want to believe it, but it's hard for them to tell you the stuff that looks bad
[43:42.560 --> 43:43.560]  for them.
[43:43.560 --> 43:46.400]  So it doesn't come to mind.
[43:46.400 --> 43:49.880]  And they always feel like they're innocent, hang on, we'll pick this up when we come back
[43:49.880 --> 43:50.880]  on the other side.
[43:50.880 --> 43:57.840]  This is Randy Kelton, Steve Skidmore, Weeblah Radio, our call in number 512-646-1984.
[43:57.840 --> 44:01.200]  We'll be right back.
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[45:01.240 --> 45:04.440]  Are you the plaintiff or defendant in a lawsuit?
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[45:59.880 --> 46:12.400]  Whoa, whoa, yeah.
[46:12.400 --> 46:28.960]  Always, I must be careful what I'm wishing for.
[46:28.960 --> 46:35.720]  When I'm hungry, I like to know just what I'm fishing for.
[46:35.720 --> 46:41.560]  I ain't asking for much, I ain't trying to be no glutton.
[46:41.560 --> 46:47.360]  I'm just here making my living, pushing buttons.
[46:47.360 --> 46:49.640]  I get my message out.
[46:49.640 --> 46:50.640]  We are back.
[46:50.640 --> 46:55.040]  Randy Kelton, Steve Skidmore, Rule of Law Radio and we're talking to Charity in Iowa.
[46:55.040 --> 47:00.960]  And I know when we went out, we were saying, you know, maybe this guy didn't tell you everything
[47:00.960 --> 47:06.960]  and for our part, we don't care.
[47:06.960 --> 47:14.160]  We do due process and the guy could be the worst, no good, rotten, dirty scoundrel that
[47:14.160 --> 47:21.940]  ever walked and all the more reason to ensure due process.
[47:21.940 --> 47:27.120]  We need our police to follow the rules.
[47:27.120 --> 47:35.760]  What if the policeman pulls over somebody in a traffic issue and writes you the ticket
[47:35.760 --> 47:41.240]  for something really idiotic and improper and does stupid stuff and then it turns out
[47:41.240 --> 47:42.720]  he's a mass murderer.
[47:42.720 --> 47:49.780]  You gotta let him go because he didn't do it right.
[47:49.780 --> 47:58.880]  The more guilty the person is, the more we need to ensure they do it right.
[47:58.880 --> 48:07.580]  So okay, I still don't understand what the issue is, but before we can determine anything,
[48:07.580 --> 48:11.560]  look at the grand jury, make sure they got a proper grand jury indictment.
[48:11.560 --> 48:21.120]  Look at the indictment itself and see if all of the elements were there, but if he has
[48:21.120 --> 48:28.160]  a lawyer who's doing an appeal for him, I would kind of steer clear.
[48:28.160 --> 48:33.680]  I have a friend, Robert Fox, a lot of people out there know him.
[48:33.680 --> 48:42.040]  He was tried in Cherokee County and he appealed, well, he was really hard on his lawyer.
[48:42.040 --> 48:45.800]  In the court, I was really hard on his lawyer.
[48:45.800 --> 48:53.840]  Robert chose to represent himself and the lawyer had to sit just as counsel and Robert
[48:53.840 --> 49:01.120]  was so ill when he was trying to defend himself that he couldn't string two sentences together.
[49:01.120 --> 49:08.440]  And I told the lawyer that when we come back from this break, if you don't stop this case,
[49:08.440 --> 49:17.800]  I'm going to and if Robert dies here, I'll see you charged with depraved heart murder
[49:17.800 --> 49:24.000]  and the lawyer was absolutely livid, but he stopped the case.
[49:24.000 --> 49:28.000]  They sent Robert to the doctor and they put him in intensive care immediately.
[49:28.000 --> 49:31.560]  Oh my goodness, is he okay?
[49:31.560 --> 49:32.560]  Yeah, he's okay.
[49:32.560 --> 49:33.560]  He's okay now.
[49:33.560 --> 49:39.640]  So the lawyer was not happy with me one little bit and then the lawyer wrote an appeal and
[49:39.640 --> 49:44.240]  Robert was, he couldn't stop interfering.
[49:44.240 --> 49:48.240]  And so I got the appeal and read it and a couple of other people got the appeal and
[49:48.240 --> 49:55.360]  read it and I went back to Robert and I told him, Robert, shut up, leave him alone.
[49:55.360 --> 50:02.720]  If I had wrote that appeal myself, I wouldn't have done as good a job as he did.
[50:02.720 --> 50:08.360]  And I called the lawyer and I told him that, you know, everybody's been telling me what
[50:08.360 --> 50:16.640]  a no good rotten scoundrel Scheister, S-O-B-U-R and he said, yeah, I know.
[50:16.640 --> 50:20.120]  And I told him, I called to apologize to you.
[50:20.120 --> 50:25.600]  That brief you did was excellent and it got Robert's case overturned.
[50:25.600 --> 50:30.720]  All right, okay.
[50:30.720 --> 50:33.340]  Lawyers aren't always the scoundrels.
[50:33.340 --> 50:41.280]  Even when the lawyer is being subject to some serious abuse, he still did a very good job.
[50:41.280 --> 50:47.360]  So if you have a lawyer who's interested in the case, I would back up and let the lawyer
[50:47.360 --> 50:49.360]  do his job.
[50:49.360 --> 50:50.360]  Okay.
[50:50.360 --> 50:55.680]  Well, he's been doing a great job and he's also invited us to help because he likes,
[50:55.680 --> 51:00.600]  he said that we have been helpful to him with getting everything together.
[51:00.600 --> 51:06.280]  Now if we get the transcript, what's the next step we look in the transcripts from
[51:06.280 --> 51:07.280]  the...
[51:07.280 --> 51:10.120]  No, you don't really want the transcript.
[51:10.120 --> 51:13.480]  That's why you ask them to price the transcript.
[51:13.480 --> 51:16.120]  You want to find out if there is one.
[51:16.120 --> 51:18.560]  Oh, okay.
[51:18.560 --> 51:24.560]  If there's not one, that's a big deal.
[51:24.560 --> 51:30.960]  No transcript, then you want the names of all the grand jury members and you want a
[51:30.960 --> 51:37.160]  schedule for every day the grand jury met and then you ask the grand jurors if they
[51:37.160 --> 51:42.720]  were here, what days they were here in this time period.
[51:42.720 --> 51:48.440]  And if their dates don't match the date the court, the clerk gives you, somebody's got
[51:48.440 --> 51:54.960]  a problem and that might be a way to undermine the indictment.
[51:54.960 --> 51:58.360]  Oh, I see.
[51:58.360 --> 52:00.480]  It is a common problem.
[52:00.480 --> 52:03.720]  It's not one you would expect, but it is a common problem.
[52:03.720 --> 52:04.720]  Do you have anything else?
[52:04.720 --> 52:07.720]  We're kind of loaded up with callers.
[52:07.720 --> 52:08.720]  Okay.
[52:08.720 --> 52:09.720]  Yeah.
[52:09.720 --> 52:10.720]  Let me make sure I got this.
[52:10.720 --> 52:12.720]  So then after you get the trans...
[52:12.720 --> 52:18.560]  Well, if there's not a transcript, then I need to get the names of all the grand jury
[52:18.560 --> 52:23.920]  members and ask each one if they were there on that date that that indictment was written.
[52:23.920 --> 52:24.920]  Yes.
[52:24.920 --> 52:33.280]  If they tell you there's no transcript, you tell him and he'll know what to do immediately.
[52:33.280 --> 52:36.120]  That's a holy crap.
[52:36.120 --> 52:38.760]  So he will know how to address the issue.
[52:38.760 --> 52:43.760]  What he'll probably do is go to the prosecutor and say, Bubba, you better do something to
[52:43.760 --> 52:48.720]  make this go away or you're likely to follow him in prison.
[52:48.720 --> 52:49.720]  Okay.
[52:49.720 --> 52:50.720]  All right.
[52:50.720 --> 52:57.920]  And then my other quick question is, and then if there's a restitution attached to a case,
[52:57.920 --> 53:03.680]  if it starts out $3,000 and then all of a sudden it's trumped up to 7,000, what can
[53:03.680 --> 53:04.680]  we do about that?
[53:04.680 --> 53:11.480]  It's on the same case and now they're saying that some third party has intervened because
[53:11.480 --> 53:13.120]  he's not paying.
[53:13.120 --> 53:20.760]  So what they've been doing is taking 20% off of everything he gets put on his book and
[53:20.760 --> 53:21.760]  they're taking it.
[53:21.760 --> 53:22.760]  They're not even giving him that.
[53:22.760 --> 53:23.760]  Yeah.
[53:23.760 --> 53:27.160]  So he is paying this $3,000 restitution.
[53:27.160 --> 53:30.280]  Now it's come to 7,000.
[53:30.280 --> 53:33.240]  Was there interest on the restitution?
[53:33.240 --> 53:39.920]  Not that we know of and it's never an injured party anyway, you know, it's just-
[53:39.920 --> 53:40.920]  Okay.
[53:40.920 --> 53:47.440]  That's not some, no, in a violation of a criminal law that stays the injured party,
[53:47.440 --> 53:51.120]  but it doesn't appear, that's something the lawyer would have to address.
[53:51.120 --> 53:53.680]  That is so specific.
[53:53.680 --> 54:00.240]  It goes to money and not due process and it would be very specific to the facts in the
[54:00.240 --> 54:02.800]  law and that's not an area.
[54:02.800 --> 54:03.800]  I'm familiar with.
[54:03.800 --> 54:04.800]  Okay.
[54:04.800 --> 54:05.800]  All right.
[54:05.800 --> 54:06.800]  Well, thank you so much.
[54:06.800 --> 54:07.800]  This is a very-
[54:07.800 --> 54:08.800]  All righty.
[54:08.800 --> 54:13.720]  And I'm sorry I couldn't answer that when you stumped the chump.
[54:13.720 --> 54:23.480]  I try to add, I try to keep clear what I know and what I don't know and we have people
[54:23.480 --> 54:30.920]  asking you questions all the time, your influence to state your opinion in the place of what
[54:30.920 --> 54:35.880]  you know and I try to be real careful about that and in this case, I don't know enough
[54:35.880 --> 54:38.880]  to have an opinion.
[54:38.880 --> 54:39.880]  Okay.
[54:39.880 --> 54:40.880]  Okay.
[54:40.880 --> 54:41.880]  Thank you, Charity.
[54:41.880 --> 54:42.880]  Thank you.
[54:42.880 --> 54:51.760]  And for those in the Travis County, Texas area, the grand jury convenes the 5th of May
[54:51.760 --> 54:57.240]  and the 5th of May being the 5th anniversary of the alleged sale of my house.
[54:57.240 --> 55:00.880]  There's a lot of good things happening on the 5th of May.
[55:00.880 --> 55:02.640]  Are you talking Cinco de Mayo?
[55:02.640 --> 55:05.560]  I'm talking Cinco de Mayo, baby.
[55:05.560 --> 55:06.560]  Okay.
[55:06.560 --> 55:07.560]  Si, señor.
[55:07.560 --> 55:12.160]  Now, we're going to go to Diane in Hawaii.
[55:12.160 --> 55:13.160]  Oh.
[55:13.160 --> 55:14.160]  Hi.
[55:14.160 --> 55:17.600]  Diane, you probably wanted to talk to Mr. Cornforth.
[55:17.600 --> 55:23.320]  Well, he sounds very knowledgeable also, but I do have a lot of Mr. Cornforth's books
[55:23.320 --> 55:24.320]  and CDs.
[55:24.320 --> 55:27.000]  So yeah, I was looking forward to it.
[55:27.000 --> 55:28.000]  Okay.
[55:28.000 --> 55:29.480]  I'm sorry you missed him.
[55:29.480 --> 55:32.720]  What do you have for us today?
[55:32.720 --> 55:40.880]  Well, I was foreclosed upon and defended myself vigorously in the state courts and was steamrolled
[55:40.880 --> 55:41.880]  through.
[55:41.880 --> 55:50.400]  So I filed a wrongful foreclosure, fraud, title of violations for the bank's lack of
[55:50.400 --> 55:51.400]  standing.
[55:51.400 --> 55:54.200]  And so now I'm over in federal court.
[55:54.200 --> 55:58.600]  And my scheduling, this is a discovery, I have a couple of things going on.
[55:58.600 --> 56:05.360]  So they filed a motion to dismiss, but I've started my discovery.
[56:05.360 --> 56:12.120]  I sent over my first request for admissions interrogatories or requests for documents.
[56:12.120 --> 56:17.000]  I looked at the local rules and the district court rules, but I guess I missed 26-D of
[56:17.000 --> 56:22.480]  the federal rules in our state says, well, maybe everywhere, says you have to have your
[56:22.480 --> 56:23.480]  scheduling.
[56:23.480 --> 56:31.440]  You have to confer 21 days prior to your scheduling conference before you can commence sending
[56:31.440 --> 56:32.440]  out discovery.
[56:32.440 --> 56:37.040]  Well, I went in and sent out my discovery because I want to get it done, right?
[56:37.040 --> 56:38.560]  That don't mean anything.
[56:38.560 --> 56:46.000]  They will just, they won't respond to any of the discovery until it's timely.
[56:46.000 --> 56:47.000]  Okay.
[56:47.000 --> 56:50.400]  It's just not ripe yet, so it doesn't matter if you send it early.
[56:50.400 --> 56:56.400]  They can send it back and gripe about it if they want to, but that's one of those areas
[56:56.400 --> 57:01.240]  where there's nothing to prevent you from sending the discovery.
[57:01.240 --> 57:05.680]  The other side just doesn't have a duty to respond until it's right.
[57:05.680 --> 57:06.680]  Okay.
[57:06.680 --> 57:12.000]  So I, Courtney, I said, okay, great, let's schedule the scheduling conference.
[57:12.000 --> 57:16.440]  And he says, no, no, no, you know, let's do it after the motion to dismiss is heard on
[57:16.440 --> 57:22.320]  the 19th, but you know, that's seven days after the rules say we have to confer by May
[57:22.320 --> 57:23.320]  12th.
[57:23.320 --> 57:27.920]  That's 21 days prior to scheduling conference, so that puts us a week past what the rules
[57:27.920 --> 57:28.920]  say.
[57:28.920 --> 57:29.920]  That's okay.
[57:29.920 --> 57:36.200]  That is kind of a rule, but it's not a hard and fast rule.
[57:36.200 --> 57:37.440]  Okay.
[57:37.440 --> 57:42.280]  If you confer with the lawyer the day before the scheduling conference, they just don't
[57:42.280 --> 57:44.000]  care.
[57:44.000 --> 57:49.200]  And he wants a scheduling, a proposed scheduling order.
[57:49.200 --> 57:53.520]  And you might ask the other side to send you a proposed scheduling order so you can look
[57:53.520 --> 57:55.760]  at it.
[57:55.760 --> 58:00.400]  They're going to have a standard one and they're not going to want to do anything until after
[58:00.400 --> 58:06.600]  the rule 12 because that was a dispositive motion that would eliminate the case altogether.
[58:06.600 --> 58:13.480]  And the court won't hold anybody responsible for holding up based on a rule 12 motion.
[58:13.480 --> 58:14.480]  Hang on.
[58:14.480 --> 58:17.120]  We'll pick this up a little more when we get back on the other side.
[58:17.120 --> 58:20.960]  This is Randy Kelton, Steve Skidmore with our radio.
[58:20.960 --> 58:26.480]  I call it number 512-646-1984.
[58:26.480 --> 58:29.520]  And while we're on the break, we're going to stop there our break.
[58:29.520 --> 58:35.960]  You might go to our website, Logos Radio Network, and have a look at some of our sponsors and
[58:35.960 --> 58:36.960]  click on a few of them.
[58:36.960 --> 58:40.000]  You might help us support the network.
[58:40.000 --> 58:41.880]  This is Randy Kelton, Steve Skidmore.
[58:41.880 --> 58:50.400]  We'll be right back.
[58:50.400 --> 58:54.560]  Would you like to make more definite progress in your walk with God?
[58:54.560 --> 58:59.720]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.720 --> 59:01.080]  can really help.
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[59:05.520 --> 59:06.520]  today.
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[59:23.080 --> 59:28.000]  of salvation, growing in Christ, and how to build up the Church.
[59:28.000 --> 59:33.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:33.000 --> 59:40.760]  Life, call Bibles for America toll-free at 888-551-0102.
[59:40.760 --> 59:48.400]  That's 888-551-0102, or visit us online at bfa.org.
[59:48.400 --> 59:58.080]  You're listening to the Logos Radio Network at logosradionetwork.com.
[59:58.080 --> 01:00:07.520]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[01:00:07.520 --> 01:00:08.520]  at thelibertybeat.com.
[01:00:08.520 --> 01:00:13.440]  I'm Brian Hagan with your Liberty Beat for Friday, May 2, 2014.
[01:00:13.440 --> 01:00:22.560]  Gold open today at $1,279, silver open at $19.04, and Bitcoin is trading at $447.50.
[01:00:22.560 --> 01:00:26.720]  Support for the Liberty Beat comes from Affordable Sound, CD and DVD duplication for all your
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[01:00:47.280 --> 01:00:52.040]  In the news, a one-stop shop to hold police accountable for their misconduct is launched
[01:00:52.040 --> 01:00:55.040]  with accountableauthority.com, now online.
[01:00:55.040 --> 01:01:00.120]  When you go to court, your best friend is not the judge, it's not your defense attorney,
[01:01:00.120 --> 01:01:01.120]  it's the jury.
[01:01:01.120 --> 01:01:06.440]  If you had access, you'd be able to show the jury, hey, this officer is a serial liar.
[01:01:06.440 --> 01:01:09.840]  We know that he's been lying to juries over and over again.
[01:01:09.840 --> 01:01:12.080]  We know that he's filed false police reports.
[01:01:12.080 --> 01:01:14.040]  He's been caught several times.
[01:01:14.040 --> 01:01:18.240]  That's accountable authority founder Daniel Berman, who says the once-missing access to
[01:01:18.240 --> 01:01:22.840]  police misconduct is what's being compiled through the public's health at the website.
[01:01:22.840 --> 01:01:28.560]  You can actually post that information for free to a public database where basically
[01:01:28.560 --> 01:01:33.760]  if you are caught and you're charged illegally by an officer, you can actually find out if
[01:01:33.760 --> 01:01:36.400]  this officer has other false reports that he's filed.
[01:01:36.400 --> 01:01:40.600]  Berman encourages all members of the public to document any interaction with blinks, video
[01:01:40.600 --> 01:01:49.360]  record any time contact is made, and to post and upload any instances of abuse at accountableauthority.com.
[01:01:49.360 --> 01:01:53.280]  The battle for clean water continues as another Texas city joins the fight.
[01:01:53.280 --> 01:01:57.280]  Beaumont, Texas, is evading whether or not to remove fluoride from the water supply.
[01:01:57.280 --> 01:02:01.600]  The city's water utilities director believes the substance is corroding water pipes.
[01:02:01.600 --> 01:02:05.700]  Councilman Michael Gatt said he's heard from constituents regarding fluoride concerns,
[01:02:05.700 --> 01:02:09.560]  but Councilman Dr. Alan Coleman said he believes fluoride to be safe and reliable and will
[01:02:09.560 --> 01:02:13.980]  provide data, backing such claims from the Texas Dental Association.
[01:02:13.980 --> 01:02:17.820]  Support for the Liberty Beat comes from Roberts and Roberts Brokerage, Inc., specializing
[01:02:17.820 --> 01:02:20.520]  in precious metals since 1977.
[01:02:20.520 --> 01:02:24.600]  They don't feed the bags by taking credit cards, but you can bet they take bitcoin.
[01:02:24.600 --> 01:02:30.120]  Online, rrbi.co, or by phone, 800-874-9760.
[01:02:30.120 --> 01:02:33.760]  Support also comes from Central Texas Gunworks, home of one of the first bitcoin ATMs in the
[01:02:33.760 --> 01:02:36.320]  country, where you can buy and sell bitcoin.
[01:02:36.320 --> 01:02:40.680]  Visit the ATM 321 West Bend, White Boulevard, number 203.
[01:02:40.680 --> 01:02:45.840]  And support comes from Cabo Bob's, non-GMO chips, homemade tortillas, and no high fructose
[01:02:45.840 --> 01:02:49.920]  corn syrup in anything, online, cabobobs.com.
[01:02:49.920 --> 01:02:51.320]  This is the Liberty Beat.
[01:02:51.320 --> 01:03:19.040]  For Friday, May 2nd, 2014, check out the website at thelibertybeat.com.
[01:03:21.320 --> 01:03:44.160]  Okay, we are back, Randy Kelton, Steve Skivmore, Rue La Radio, we're having way too much fun
[01:03:44.160 --> 01:03:45.160]  on the place.
[01:03:45.160 --> 01:03:50.080]  Okay, we're talking to Dianne Scheming in Hawaii.
[01:03:50.080 --> 01:03:53.720]  Okay, Dianne, where were you, hub?
[01:03:53.720 --> 01:04:00.520]  Well, that was a great answer on the scheduling conference and their duty until it's done
[01:04:00.520 --> 01:04:04.720]  and the dispositive order in effect on that conference, so that was really helpful.
[01:04:04.720 --> 01:04:05.720]  Thank you.
[01:04:05.720 --> 01:04:06.720]  Yeah.
[01:04:06.720 --> 01:04:10.360]  Scheduling on a conference is not a big deal.
[01:04:10.360 --> 01:04:17.040]  And the other side already has a standard form that the courts used to seeing.
[01:04:17.040 --> 01:04:23.960]  So I always have people ask the other guy to send you a proposed scheduling conference,
[01:04:23.960 --> 01:04:24.960]  scheduling order.
[01:04:24.960 --> 01:04:28.160]  But you have to get past the rule 12 first.
[01:04:28.160 --> 01:04:34.720]  What was your, the causes of action in your suit?
[01:04:34.720 --> 01:04:44.000]  My cause of action was lack of standing, lack of standing, fraud, which I did plead with
[01:04:44.000 --> 01:04:54.680]  particularities, ad nauseum, lack of standing to foreclose, fraud in the concealment, fraud
[01:04:54.680 --> 01:04:59.600]  in the inducement, infliction of emotional distress, quiet title, slander of titles,
[01:04:59.600 --> 01:05:05.880]  declaratory relief, violations of Tyler Respa and foreign accounting.
[01:05:05.880 --> 01:05:08.240]  Did you file this in the federal court?
[01:05:08.240 --> 01:05:09.240]  Yes, sir.
[01:05:09.240 --> 01:05:13.120]  Okay, so you didn't file it in the state and they removed it.
[01:05:13.120 --> 01:05:24.320]  You would suggest that you non-suit the quiet title and file the quiet title in the state.
[01:05:24.320 --> 01:05:25.320]  And slander title.
[01:05:25.320 --> 01:05:26.320]  And slander title.
[01:05:26.320 --> 01:05:29.720]  Yeah, there's state issues.
[01:05:29.720 --> 01:05:34.720]  What I was looking for is to see if you had made the only state claims and then they removed
[01:05:34.720 --> 01:05:39.960]  it to the fed because you could really kick them for that.
[01:05:39.960 --> 01:05:48.960]  Okay, if you've worked out your, if you have all the elements of the fraud claim, just
[01:05:48.960 --> 01:05:52.400]  because they're filing rule 12, you're not always winning them anymore.
[01:05:52.400 --> 01:05:57.480]  So you may have a good chance of winning the rule 12.
[01:05:57.480 --> 01:06:02.040]  If not, most likely they're just dismissed without prejudice and tell you why they're
[01:06:02.040 --> 01:06:05.560]  dismissed without prejudice and you can refile.
[01:06:05.560 --> 01:06:12.640]  And in regard to your, you said you've got some Respa claims in there, is that correct?
[01:06:12.640 --> 01:06:13.640]  Yes.
[01:06:13.640 --> 01:06:21.040]  Okay, Randy alluded to this earlier, your Respa claims chances are if it's been longer
[01:06:21.040 --> 01:06:26.240]  than three years, you're barking up the wrong tree, bringing up Respa claims.
[01:06:26.240 --> 01:06:32.800]  However, your Respa claims lead to another cause of action and I would direct you to,
[01:06:32.800 --> 01:06:35.880]  do you have just a standard mortgage?
[01:06:35.880 --> 01:06:36.880]  Yes.
[01:06:36.880 --> 01:06:39.680]  Was it an FHA or anything?
[01:06:39.680 --> 01:06:44.800]  It's probably a Fannie Mae, we don't know, we couldn't.
[01:06:44.800 --> 01:06:52.080]  Okay, no, at the bottom of the mortgage document, on the footer, it'll say Fannie Mae Freddie
[01:06:52.080 --> 01:06:56.040]  Mac Uniform Instrument or it'll say FHA.
[01:06:56.040 --> 01:06:57.040]  Yes.
[01:06:57.040 --> 01:07:03.960]  If it does not say, if it does say FHA, go look at Covenant 14 of your Deed of Trust.
[01:07:03.960 --> 01:07:12.200]  If it's Fannie Freddie Uniform Mortgage, look at Covenant 16 of your Deed of Trust.
[01:07:12.200 --> 01:07:16.440]  This covenant is titled Governing Law and Severability.
[01:07:16.440 --> 01:07:20.480]  There's two issues, governing law and severability.
[01:07:20.480 --> 01:07:25.480]  So let's sever the severability because it really doesn't pertain to this.
[01:07:25.480 --> 01:07:32.840]  But governing law, chances are what that thing says and to the best I can quote, it will
[01:07:32.840 --> 01:07:38.600]  say this security instrument, and keep in mind it is the security instrument that they're
[01:07:38.600 --> 01:07:44.040]  using as an alternative means of collection in the event of default.
[01:07:44.040 --> 01:07:48.720]  This security instrument shall be governed by federal law and the laws of the jurisdiction
[01:07:48.720 --> 01:07:51.560]  in which the property is located.
[01:07:51.560 --> 01:07:56.240]  Right there, that right there, who drafted this thing?
[01:07:56.240 --> 01:08:01.160]  Did you draft this mortgage and sign it or did somebody else put this thing together
[01:08:01.160 --> 01:08:04.920]  and present it to you for your signature?
[01:08:04.920 --> 01:08:06.680]  Chances are it's the latter.
[01:08:06.680 --> 01:08:15.560]  So since I'm going to use that nasty word they or the bank or whoever put it together,
[01:08:15.560 --> 01:08:21.120]  if they are the ones who chose to put that in there, that is a uniform covenant found
[01:08:21.120 --> 01:08:24.460]  in all deeds of trust and mortgages.
[01:08:24.460 --> 01:08:30.360]  When they violate a federal or state law, they have also breached the contract.
[01:08:30.360 --> 01:08:36.680]  So you're not going to get any traction with a straight up RESPA claim.
[01:08:36.680 --> 01:08:41.720]  However, that RESPA claim, the fraud remains.
[01:08:41.720 --> 01:08:49.320]  So RESPA and TILA, the three year statute limitations, actually RESPA and TILA, any
[01:08:49.320 --> 01:08:53.560]  kind of RESPA, TILA violations go to rescission.
[01:08:53.560 --> 01:08:58.320]  And I would agree after three years, it's too late to rescind anything.
[01:08:58.320 --> 01:09:00.320]  That's water under the bridge.
[01:09:00.320 --> 01:09:04.560]  Well, unless one thing.
[01:09:04.560 --> 01:09:16.120]  If you discover that the lender has charged you more than $35 in false fees, the right
[01:09:16.120 --> 01:09:18.320]  to rescind renews.
[01:09:18.320 --> 01:09:19.320]  Okay.
[01:09:19.320 --> 01:09:27.360]  But it's still an easier argument to go to breach of contract.
[01:09:27.360 --> 01:09:31.240]  They said that all parties have got to obey the federal and state law.
[01:09:31.240 --> 01:09:37.880]  Well, if they're the party that broke a federal or state law, they breached the contract.
[01:09:37.880 --> 01:09:46.880]  What we do is we don't claim the remedy provided by the legislature when they created, we have
[01:09:46.880 --> 01:09:48.800]  a Procedures Act, Truth in Lending Act.
[01:09:48.800 --> 01:09:56.040]  And when you make the claim, you specify you are not claiming this remedy.
[01:09:56.040 --> 01:09:59.760]  You're claiming your remedy under breach of contract.
[01:09:59.760 --> 01:10:00.760]  Okay.
[01:10:00.760 --> 01:10:02.960]  Claim the remedy under breach of contract.
[01:10:02.960 --> 01:10:04.960]  Make that clear in your pleading.
[01:10:04.960 --> 01:10:05.960]  Okay.
[01:10:05.960 --> 01:10:06.960]  Red ink.
[01:10:06.960 --> 01:10:07.960]  Okay.
[01:10:07.960 --> 01:10:08.960]  All right.
[01:10:08.960 --> 01:10:13.920]  And also keep in mind that something that you do not bring up in your pleading, you're
[01:10:13.920 --> 01:10:15.960]  not going to bring into court.
[01:10:15.960 --> 01:10:22.360]  If you raise an issue that is not pled in your documents, the other side is going to
[01:10:22.360 --> 01:10:23.360]  object.
[01:10:23.360 --> 01:10:28.680]  Objection, Your Honor, not an issue before the court.
[01:10:28.680 --> 01:10:31.120]  Make sure you get everything on paper.
[01:10:31.120 --> 01:10:32.120]  Okay.
[01:10:32.120 --> 01:10:42.800]  That's the next, they've filed a motion for an order that I be declared a vexatious
[01:10:42.800 --> 01:10:47.080]  litigant, even though my pleadings are quite correct.
[01:10:47.080 --> 01:10:48.080]  Okay.
[01:10:48.080 --> 01:10:49.080]  Hold on.
[01:10:49.080 --> 01:10:54.840]  How many times have you sued in the civil court?
[01:10:54.840 --> 01:11:00.840]  I have never been a plaintiff in state court, but I filed counterclaims as a result of being
[01:11:00.840 --> 01:11:01.840]  sued.
[01:11:01.840 --> 01:11:02.840]  I am certain.
[01:11:02.840 --> 01:11:03.840]  Okay.
[01:11:03.840 --> 01:11:06.200]  This should get a motion for sanctions.
[01:11:06.200 --> 01:11:07.280]  Yes.
[01:11:07.280 --> 01:11:10.720]  They're not going to be able to, okay, go, do you have a legal dictionary?
[01:11:10.720 --> 01:11:11.720]  Yes.
[01:11:11.720 --> 01:11:13.760]  Yes, I have a Black's.
[01:11:13.760 --> 01:11:14.760]  Good.
[01:11:14.760 --> 01:11:20.320]  Go to Black's Law Dictionary and look up the term vexatious.
[01:11:20.320 --> 01:11:25.360]  You cannot be a vexatious defendant, period.
[01:11:25.360 --> 01:11:26.360]  Correct.
[01:11:26.360 --> 01:11:34.880]  And they know that you should file bar grievances against them and you might look at a malpractice
[01:11:34.880 --> 01:11:35.880]  suit.
[01:11:35.880 --> 01:11:36.880]  Okay.
[01:11:36.880 --> 01:11:37.880]  All right.
[01:11:37.880 --> 01:11:41.080]  Let them call that vexatious if they want to.
[01:11:41.080 --> 01:11:42.080]  Yeah.
[01:11:42.080 --> 01:11:43.080]  Yeah.
[01:11:43.080 --> 01:11:51.240]  See, vexatious litigant, there are certain elements to vexation and that is filing multiple
[01:11:51.240 --> 01:11:53.680]  identical pleadings.
[01:11:53.680 --> 01:11:56.120]  That's one of the elements.
[01:11:56.120 --> 01:12:02.280]  So as a defendant, you're allowed to raise the same issue over and over and over.
[01:12:02.280 --> 01:12:03.280]  Okay.
[01:12:03.280 --> 01:12:04.280]  I'm allowed.
[01:12:04.280 --> 01:12:05.280]  Okay.
[01:12:05.280 --> 01:12:09.440]  Now, you would usually do that in the appellate process, but-
[01:12:09.440 --> 01:12:10.440]  Okay.
[01:12:10.440 --> 01:12:12.320]  Randy's absolutely correct.
[01:12:12.320 --> 01:12:14.480]  You can't be a vexatious defendant.
[01:12:14.480 --> 01:12:16.680]  There's no such thing.
[01:12:16.680 --> 01:12:27.000]  Well, I did lose three properties in foreclosure in state court and so I have filed three complaints
[01:12:27.000 --> 01:12:29.440]  in federal court and-
[01:12:29.440 --> 01:12:30.440]  Is that...
[01:12:30.440 --> 01:12:31.440]  Were you...
[01:12:31.440 --> 01:12:32.440]  Wait a minute.
[01:12:32.440 --> 01:12:39.440]  When you say you filed, are you countersuing or are you the first plaintiff?
[01:12:39.440 --> 01:12:41.440]  I'm the first plaintiff.
[01:12:41.440 --> 01:12:43.520]  Ah, okay.
[01:12:43.520 --> 01:12:46.440]  That's enough to get to vexatious.
[01:12:46.440 --> 01:12:49.440]  Were all of your suits dismissed?
[01:12:49.440 --> 01:12:53.280]  No, I've had nothing dismissed.
[01:12:53.280 --> 01:13:00.840]  Oh, I had one dismissed only because the way I pled it, I was Diane E. Mather, individual
[01:13:00.840 --> 01:13:01.840]  in-
[01:13:01.840 --> 01:13:02.840]  Wait.
[01:13:02.840 --> 01:13:03.840]  Wait.
[01:13:03.840 --> 01:13:04.840]  Okay.
[01:13:04.840 --> 01:13:11.080]  Were the suits completely adjudicated against you?
[01:13:11.080 --> 01:13:12.880]  In state court?
[01:13:12.880 --> 01:13:16.080]  In any of these three that you filed?
[01:13:16.080 --> 01:13:18.480]  No, they're in process.
[01:13:18.480 --> 01:13:19.480]  Okay.
[01:13:19.480 --> 01:13:24.040]  You can't be a vexatious litigant yet.
[01:13:24.040 --> 01:13:33.720]  If you file repetitive pleadings that are ruled against, if you own 20 houses and you
[01:13:33.720 --> 01:13:41.640]  have 20 loans against each one of those houses and the same lender gave you the loan against
[01:13:41.640 --> 01:13:46.880]  each one of them and committed the same criminal acts in each one of them and you file the
[01:13:46.880 --> 01:13:50.720]  exact same suit on each one of them, you're not a vexatious litigant.
[01:13:50.720 --> 01:13:51.720]  Yeah.
[01:13:51.720 --> 01:13:52.720]  Oh, I've got-
[01:13:52.720 --> 01:13:53.720]  This is-
[01:13:53.720 --> 01:13:54.720]  Defendant banks.
[01:13:54.720 --> 01:13:55.720]  Yeah.
[01:13:55.720 --> 01:14:00.520]  Yeah, this is a frivolous pleading and they know it is so you should introduce them to
[01:14:00.520 --> 01:14:04.120]  the pro se from hell.
[01:14:04.120 --> 01:14:11.960]  You have powers and abilities far beyond those of mortal lawyers and you need to introduce
[01:14:11.960 --> 01:14:19.120]  them to their professional mortalities and a tort letter to them personally would be
[01:14:19.120 --> 01:14:21.960]  a nice touch.
[01:14:21.960 --> 01:14:26.160]  You have filed this frivolous motion.
[01:14:26.160 --> 01:14:27.840]  You have harmed me.
[01:14:27.840 --> 01:14:28.840]  Okay.
[01:14:28.840 --> 01:14:34.840]  Make me hold or be sued and then sue them for their bad behavior.
[01:14:34.840 --> 01:14:42.280]  You don't care if you win that or not, they'll get their malpractice insurance canceled
[01:14:42.280 --> 01:14:43.280]  anyway.
[01:14:43.280 --> 01:14:44.280]  Oh, wow.
[01:14:44.280 --> 01:14:45.280]  Okay.
[01:14:45.280 --> 01:14:46.280]  Okay.
[01:14:46.280 --> 01:14:54.320]  From your wow, you may not know about this part.
[01:14:54.320 --> 01:15:01.720]  This is how it works and the lawyers tell me this is patently unfair.
[01:15:01.720 --> 01:15:05.440]  One bar grievance, your first year of practice, they're canceled immediately.
[01:15:05.440 --> 01:15:10.240]  Two years, two bar grievances, any one year of practice, if you've been practicing 20
[01:15:10.240 --> 01:15:11.240]  years, they're canceled.
[01:15:11.240 --> 01:15:16.480]  Three, they'll cancel your law firm's malpractice insurance.
[01:15:16.480 --> 01:15:17.480]  Think about it.
[01:15:17.480 --> 01:15:19.080]  It's an insurance company.
[01:15:19.080 --> 01:15:28.760]  Also, keep in mind that an attorney does not have to have a bond or malpractice insurance
[01:15:28.760 --> 01:15:29.760]  to practice.
[01:15:29.760 --> 01:15:37.240]  However, if he chooses not to carry it, okay, then it comes out of your pocket.
[01:15:37.240 --> 01:15:38.240]  No he does not.
[01:15:38.240 --> 01:15:42.880]  Well, he doesn't have to in Texas, but some states require it.
[01:15:42.880 --> 01:15:43.880]  Some states require it.
[01:15:43.880 --> 01:15:44.880]  Yeah.
[01:15:44.880 --> 01:15:45.880]  I don't know about Hawaii.
[01:15:45.880 --> 01:15:49.560]  Yeah, if they don't, man, if he don't have it.
[01:15:49.560 --> 01:15:54.480]  Well, when he gets sued, then the damages come out of his pocket.
[01:15:54.480 --> 01:16:01.160]  He doesn't have an insurance company to cover his billfold and that's fine.
[01:16:01.160 --> 01:16:04.400]  This is a big deal for lawyers, but think about it.
[01:16:04.400 --> 01:16:11.400]  That sounds horrible, but you buy a new car.
[01:16:11.400 --> 01:16:14.160]  You go down to Walmart, you go inside, you come out.
[01:16:14.160 --> 01:16:17.040]  Somebody backed into it, bashed in the fender.
[01:16:17.040 --> 01:16:20.400]  You call the insurance company to come out and fix it, they increase your premium.
[01:16:20.400 --> 01:16:24.400]  You go down there next month, somebody else backs into it.
[01:16:24.400 --> 01:16:29.240]  The insurance company comes out, they fix it, they cancel.
[01:16:29.240 --> 01:16:31.040]  Your fault, their fault, nobody's fault.
[01:16:31.040 --> 01:16:32.440]  They don't care.
[01:16:32.440 --> 01:16:36.120]  You are an unacceptable risk.
[01:16:36.120 --> 01:16:40.960]  Same way for malpractice insurance, except malpractice insurance starts between 25 and
[01:16:40.960 --> 01:16:45.880]  40 grand a year.
[01:16:45.880 --> 01:16:54.960]  So introduce them to the niceties of bar grievances and a malpractice suit.
[01:16:54.960 --> 01:16:56.960]  Bar grieve them every time they squeak.
[01:16:56.960 --> 01:17:00.760]  Hold on, we'll be right back.
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[01:19:00.040 --> 01:19:07.040]  This is the Logos Mofogos Radio Network.
[01:19:30.040 --> 01:19:57.240]  Okay, we are back.
[01:19:57.240 --> 01:20:05.840]  Randy Kelton, Steve Skidmore, Rue de la Radio, and we're talking to Diane in Hawaii.
[01:20:05.840 --> 01:20:10.920]  Okay, did we get all your questions answered, Diane?
[01:20:10.920 --> 01:20:19.160]  I have one more on this plaintiff, on this defendant bank's Rule 11 motion to dismiss.
[01:20:19.160 --> 01:20:25.720]  They're really pushing the Rooker Feldman doctrine.
[01:20:25.720 --> 01:20:29.880]  I'm not asked, I haven't structured my pleadings to be an appellate type review.
[01:20:29.880 --> 01:20:35.320]  Do you have any thoughts on defeating Rooker Feldman?
[01:20:35.320 --> 01:20:38.760]  Well you can't really get to Rooker Feldman.
[01:20:38.760 --> 01:20:44.320]  Rooker Feldman has to do with state preemption, if I remember right.
[01:20:44.320 --> 01:20:45.960]  Is that right, Steve?
[01:20:45.960 --> 01:20:47.200]  I'm not familiar.
[01:20:47.200 --> 01:20:52.160]  Yeah, Rooker Feldman is about state preemption.
[01:20:52.160 --> 01:20:57.360]  And that would go to, okay, now I'll have to back up.
[01:20:57.360 --> 01:21:03.520]  I studied Rooker Feldman, but it's been several years since I've looked at it.
[01:21:03.520 --> 01:21:06.320]  Brief me on Rooker Feldman.
[01:21:06.320 --> 01:21:13.640]  Well it's based on an injured loser in state, and a loser in state court comes to the federal
[01:21:13.640 --> 01:21:22.080]  court and tries to get it overturned or a review of the state court's process and judicial
[01:21:22.080 --> 01:21:23.080]  determination.
[01:21:23.080 --> 01:21:30.560]  But if you have a, it's a fresh action, a new action that brings in new issues and causes
[01:21:30.560 --> 01:21:33.680]  of action, then Rooker Feldman wouldn't apply that.
[01:21:33.680 --> 01:21:34.680]  Wouldn't apply, okay.
[01:21:34.680 --> 01:21:36.680]  Yeah, that's what I thought it was.
[01:21:36.680 --> 01:21:37.680]  I'm glad.
[01:21:37.680 --> 01:21:40.320]  You're quite out of it.
[01:21:40.320 --> 01:21:47.880]  The federal court will respect the rulings of the state court.
[01:21:47.880 --> 01:21:50.200]  That's what Rooker Feldman was about.
[01:21:50.200 --> 01:21:55.680]  We're not going to go back and revisit the state court's ruling.
[01:21:55.680 --> 01:22:00.120]  They trust the state court to make a proper and valid ruling, and we won't go back and
[01:22:00.120 --> 01:22:01.120]  revisit it.
[01:22:01.120 --> 01:22:02.120]  Yeah.
[01:22:02.120 --> 01:22:10.680]  So, yeah, but if these are their new issues, and if they bring Rooker Feldman based, what
[01:22:10.680 --> 01:22:16.080]  you've brought to the federal court is different than what you brought to the state court,
[01:22:16.080 --> 01:22:22.880]  that should get motion for sanctions, motion to dismiss for frivolous, and bar grievances
[01:22:22.880 --> 01:22:23.880]  against him.
[01:22:23.880 --> 01:22:33.560]  Because for lawyers, that's absolutely forbidden to bring a false case, a false argument before
[01:22:33.560 --> 01:22:35.360]  the court.
[01:22:35.360 --> 01:22:41.320]  If you can find some case law that says if this is an issue that wasn't addressed in
[01:22:41.320 --> 01:22:44.360]  the state court, you certainly will.
[01:22:44.360 --> 01:22:45.360]  You bring that.
[01:22:45.360 --> 01:22:54.040]  Now, if you bring an issue to the court as a pro se litigant that's already been ruled
[01:22:54.040 --> 01:22:59.800]  against, they'll just deny whatever you're asking for.
[01:22:59.800 --> 01:23:03.600]  That's because you're not learning counsel.
[01:23:03.600 --> 01:23:07.520]  Learning counsel is tasked with knowing better.
[01:23:07.520 --> 01:23:14.000]  So, learning counsel is subject to sanctions for that.
[01:23:14.000 --> 01:23:19.200]  But lawyers are real sensitive to that, so you should go after them for sanctions.
[01:23:19.200 --> 01:23:20.200]  Okay.
[01:23:20.200 --> 01:23:21.200]  Sanctions.
[01:23:21.200 --> 01:23:25.360]  Make their life as miserable as they have made yours.
[01:23:25.360 --> 01:23:26.360]  Yeah.
[01:23:26.360 --> 01:23:30.640]  Whether you get sanctions or not, you're going to scare the crap out of them.
[01:23:30.640 --> 01:23:33.160]  It'll sure get their attention, that's for sure.
[01:23:33.160 --> 01:23:34.160]  Yeah.
[01:23:34.160 --> 01:23:38.720]  Because, you know, they figure that the judge can issue sanctions in any amount they want
[01:23:38.720 --> 01:23:41.920]  to, any time they want to.
[01:23:41.920 --> 01:23:45.120]  And these lawyers are terrified of those judges.
[01:23:45.120 --> 01:23:47.120]  That's good.
[01:23:47.120 --> 01:23:48.720]  Okay.
[01:23:48.720 --> 01:23:49.720]  Have fun with them.
[01:23:49.720 --> 01:23:50.720]  Okay.
[01:23:50.720 --> 01:23:53.160]  Can I have a general question on district court?
[01:23:53.160 --> 01:23:59.520]  In many Supreme Court opinions, etc., it says that, you know, the Supreme Court instructs
[01:23:59.520 --> 01:24:03.960]  the district court that they should be especially lenient with pro se litigants and that they
[01:24:03.960 --> 01:24:06.680]  should be protecting the pro se litigant in many cases.
[01:24:06.680 --> 01:24:10.040]  Do you have any opinion or information on that?
[01:24:10.040 --> 01:24:15.760]  Yes, that's the first thing they throw out the window with the baby and the bath water.
[01:24:15.760 --> 01:24:16.760]  Okay.
[01:24:16.760 --> 01:24:22.920]  Well, you really don't care about the trial court anyway.
[01:24:22.920 --> 01:24:30.840]  The trial court is only there to get the facts and the law on the record.
[01:24:30.840 --> 01:24:33.120]  You're just making the record for appeal.
[01:24:33.120 --> 01:24:34.120]  Yep.
[01:24:34.120 --> 01:24:39.520]  Don't expect the corrupt lower courts to rule in your favor.
[01:24:39.520 --> 01:24:44.560]  And now what I'm about to say may not be true and it doesn't matter.
[01:24:44.560 --> 01:24:46.080]  The courts are corrupt.
[01:24:46.080 --> 01:24:48.120]  They are absolutely corrupt.
[01:24:48.120 --> 01:24:52.400]  The courts will rule against you out of hand at every turn.
[01:24:52.400 --> 01:24:53.480]  Okay.
[01:24:53.480 --> 01:24:54.480]  That may not be true.
[01:24:54.480 --> 01:25:01.000]  But if you're going to go into these courts, you need to act as if it is true.
[01:25:01.000 --> 01:25:06.720]  Expect the courts to rule against you out of hand at every turn and design your case
[01:25:06.720 --> 01:25:09.280]  with that in mind.
[01:25:09.280 --> 01:25:13.000]  That's all the real actions in the court of appeals anyway.
[01:25:13.000 --> 01:25:19.520]  My pleadings are so solid, wouldn't they look like idiots re-ruling against me when I go
[01:25:19.520 --> 01:25:20.520]  to the appellate court?
[01:25:20.520 --> 01:25:22.000]  It makes them look ignorant.
[01:25:22.000 --> 01:25:23.000]  Yes.
[01:25:23.000 --> 01:25:24.000]  That's exactly the case.
[01:25:24.000 --> 01:25:27.760]  You're pro se, they don't expect you to appeal.
[01:25:27.760 --> 01:25:28.760]  Exactly.
[01:25:28.760 --> 01:25:31.000]  And lawyers are idiots.
[01:25:31.000 --> 01:25:39.480]  My candle has drugged the city of Austin to the US Supreme.
[01:25:39.480 --> 01:25:49.480]  All this idiotic, stupid garbage they did in the class C misdemeanor water bottle case
[01:25:49.480 --> 01:25:54.960]  is now in front of the federal Supreme court.
[01:25:54.960 --> 01:26:00.600]  These lawyers are absolutely morons.
[01:26:00.600 --> 01:26:03.040]  Are you familiar with the term hubris?
[01:26:03.040 --> 01:26:08.120]  No, but I may have met some.
[01:26:08.120 --> 01:26:12.960]  Hubris means that they're above everything.
[01:26:12.960 --> 01:26:19.520]  Confidence to see arrogance to the point of overconfidence.
[01:26:19.520 --> 01:26:26.160]  They were so arrogant that they do this to everybody and they expect nothing to come
[01:26:26.160 --> 01:26:27.160]  back.
[01:26:27.160 --> 01:26:35.600]  When he fights them, they just can't ever stop and say, we really need to find ourselves
[01:26:35.600 --> 01:26:37.760]  an exit strategy.
[01:26:37.760 --> 01:26:42.760]  The guys in these lower courts, they can't make it out there in the real world.
[01:26:42.760 --> 01:26:49.320]  So they go to work for the city where they don't have to do anything.
[01:26:49.320 --> 01:26:55.320]  My candle has really wiped the floor with these guys and you can do the same thing.
[01:26:55.320 --> 01:26:58.040]  They are so arrogant.
[01:26:58.040 --> 01:27:03.440]  They think they're lawyers, the judge is a lawyer and you're not a lawyer, you're not
[01:27:03.440 --> 01:27:05.440]  part of their club.
[01:27:05.440 --> 01:27:08.840]  They don't expect you to hammer them.
[01:27:08.840 --> 01:27:09.840]  And that's great.
[01:27:09.840 --> 01:27:10.840]  We love that.
[01:27:10.840 --> 01:27:17.640]  They give us a better shot at them, but expect them to rule against you.
[01:27:17.640 --> 01:27:25.080]  That way you won't feel betrayed when they do.
[01:27:25.080 --> 01:27:29.520]  They will be able to tell.
[01:27:29.520 --> 01:27:34.480]  This will make it difficult for them because you won't be reacting and responding to them
[01:27:34.480 --> 01:27:36.760]  the way they're accustomed to.
[01:27:36.760 --> 01:27:38.440]  They know how to manipulate you.
[01:27:38.440 --> 01:27:41.680]  They know how to make you feel betrayed.
[01:27:41.680 --> 01:27:47.840]  They know how to make you feel frightened and intimidated and they will dance all over
[01:27:47.840 --> 01:27:48.840]  you.
[01:27:48.840 --> 01:27:56.400]  When you go in there and you don't care, all of a sudden you're not responding right.
[01:27:56.400 --> 01:28:00.920]  And never ever give fair warning.
[01:28:00.920 --> 01:28:04.960]  We had someone earlier said she threatened them with a Rico suit.
[01:28:04.960 --> 01:28:08.400]  Never ever threaten to do anything.
[01:28:08.400 --> 01:28:09.400]  Just do it.
[01:28:09.400 --> 01:28:10.400]  Absolutely.
[01:28:10.400 --> 01:28:19.440]  And when you do it, if you nail them for something minor, now, you know, I like to nail them
[01:28:19.440 --> 01:28:22.280]  for the tiniest thing that I can.
[01:28:22.280 --> 01:28:27.760]  I ask a judge to turn the sound up and he wouldn't.
[01:28:27.760 --> 01:28:31.920]  So I file criminal charges against you.
[01:28:31.920 --> 01:28:34.080]  That was so much fun.
[01:28:34.080 --> 01:28:36.440]  The judge is, what is going on?
[01:28:36.440 --> 01:28:39.080]  I walked up to the bar and I stood there while they're having a hearing.
[01:28:39.080 --> 01:28:40.080]  The judge said, can I help you?
[01:28:40.080 --> 01:28:41.080]  I said, yes, your honor.
[01:28:41.080 --> 01:28:42.080]  I have a hearing deficiency.
[01:28:42.080 --> 01:28:43.080]  I told him my name is Gerardo Kelton.
[01:28:43.080 --> 01:28:44.080]  I have a hearing deficiency.
[01:28:44.080 --> 01:28:45.080]  Mr. Kelton, what's wrong with your hearing?
[01:28:45.080 --> 01:28:53.600]  Oh, well, I was out in Mexico the other day and I had too much tequila and I woke up without
[01:28:53.600 --> 01:28:54.600]  my hearing aid.
[01:28:54.600 --> 01:28:56.600]  Well, why are you telling me this?
[01:28:56.600 --> 01:28:59.040]  I said, well, do you have a combination for the hearing impairment?
[01:28:59.040 --> 01:29:00.040]  No, I don't.
[01:29:00.040 --> 01:29:02.280]  You have a sound system here where you turn it up.
[01:29:02.280 --> 01:29:03.280]  No, I will not.
[01:29:03.280 --> 01:29:04.280]  Then will you speak up?
[01:29:04.280 --> 01:29:05.280]  And he did.
[01:29:05.280 --> 01:29:10.880]  He asked the bailiff, told the bailiff that if I didn't shut up and say I'll shut up,
[01:29:10.880 --> 01:29:13.400]  he was going to throw me out of the courtroom.
[01:29:13.400 --> 01:29:17.280]  When I left the courtroom, I called the bailiff out and asked him to arrest the judge for
[01:29:17.280 --> 01:29:24.440]  a 3903 penal code, official misconduct for failure to provide accommodation for the hearing
[01:29:24.440 --> 01:29:25.440]  impaired.
[01:29:25.440 --> 01:29:30.080]  He said, under the American Disabilities Act, he said, well, why didn't you tell the judge
[01:29:30.080 --> 01:29:32.080]  about the American Disabilities Act?
[01:29:32.080 --> 01:29:37.280]  Heck, if I had told him that, he might have turned the sound system up.
[01:29:37.280 --> 01:29:43.120]  And even the bailiff got a laugh out of that one.
[01:29:43.120 --> 01:29:47.160]  This is, it's a lot more fun doing it that way.
[01:29:47.160 --> 01:29:48.160]  Okay.
[01:29:48.160 --> 01:29:49.160]  Thank you.
[01:29:49.160 --> 01:29:51.120]  We're about to go to break.
[01:29:51.120 --> 01:29:54.280]  We do need to move along, but keep us up to speed on what happens.
[01:29:54.280 --> 01:29:57.360]  This is Randy Kelton, Steve Skidmore, Wheel of Law Radio.
[01:29:57.360 --> 01:30:02.400]  We'll be right back.
[01:30:02.400 --> 01:30:06.800]  When workplace stress follows people home, women have a tougher time dealing with it
[01:30:06.800 --> 01:30:07.800]  than men.
[01:30:07.800 --> 01:30:11.840]  I'm Dr. Catherine Albrecht, and I'll have details of a study that looked at the emotional
[01:30:11.840 --> 01:30:16.160]  cost of staying connected to the workplace in a moment.
[01:30:16.160 --> 01:30:17.880]  Privacy is under attack.
[01:30:17.880 --> 01:30:21.480]  When you give up data about yourself, you'll never get it back again.
[01:30:21.480 --> 01:30:26.480]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.480 --> 01:30:31.680]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:31.680 --> 01:30:34.240]  Privacy, it's worth hanging on to.
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[01:30:43.880 --> 01:30:50.360]  Cell phones, pagers, laptops, there's no end to the ways we're linked to the workplace
[01:30:50.360 --> 01:30:51.360]  even after hours.
[01:30:51.360 --> 01:30:57.000]  But a new study finds women have an especially hard time when contacted at home by bosses,
[01:30:57.000 --> 01:30:59.040]  coworkers, and clients.
[01:30:59.040 --> 01:31:03.400]  At first, researchers thought this had to do with women's need for family time, so they
[01:31:03.400 --> 01:31:06.960]  learned that both genders balance work and family equally.
[01:31:06.960 --> 01:31:08.400]  So what's the real issue?
[01:31:08.400 --> 01:31:13.760]  Guilt, it turns out, shaped by the cultural expectation that women put family first and
[01:31:13.760 --> 01:31:15.200]  work second.
[01:31:15.200 --> 01:31:18.320]  So bosses, hold off on those weekend emails.
[01:31:18.320 --> 01:31:22.120]  And husbands, the next time your wife takes a call from the office, give her a little
[01:31:22.120 --> 01:31:23.120]  extra TLC.
[01:31:23.120 --> 01:31:31.560]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
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[01:31:36.560 --> 01:31:39.880]  Most people don't know that a third tower fell on September 11th.
[01:31:39.880 --> 01:31:44.000]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
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[01:31:47.840 --> 01:31:52.680]  Over 1,200 architects and engineers have looked into the evidence and believe there is more
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[01:31:59.040 --> 01:32:00.040]  Why it fell.
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[01:33:00.760 --> 01:33:29.480]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:29.480 --> 01:33:31.640]  Welcome back to Rule of Law Radio, folks.
[01:33:31.640 --> 01:33:38.240]  We're in the last half hour of the show, so if you'd like to get on, get on.
[01:33:38.240 --> 01:33:42.080]  Let's go to Laura in California and see what Laura has.
[01:33:42.080 --> 01:33:43.080]  Hi.
[01:33:43.080 --> 01:33:44.080]  Good evening, Laura.
[01:33:44.080 --> 01:33:45.080]  Hi.
[01:33:45.080 --> 01:33:52.080]  Yes, I was involved in a probate trial and there was a statement of decision that involved
[01:33:52.080 --> 01:34:00.800]  12 items, one of which the opposing counsel changed the order entirely.
[01:34:00.800 --> 01:34:09.680]  I wanted to ask you, can I void the entire judgment or just that one portion that's changed?
[01:34:09.680 --> 01:34:16.080]  Motion to vacate judgment and when did the lawyer change the order before or after it
[01:34:16.080 --> 01:34:17.080]  was signed?
[01:34:17.080 --> 01:34:18.080]  Before.
[01:34:18.080 --> 01:34:19.080]  Good question.
[01:34:19.080 --> 01:34:24.080]  Before or after, Laura?
[01:34:24.080 --> 01:34:25.080]  Before.
[01:34:25.080 --> 01:34:30.440]  Actually, what they did was they added some words, so it involved a distribution where
[01:34:30.440 --> 01:34:31.440]  the...
[01:34:31.440 --> 01:34:32.440]  Okay, okay.
[01:34:32.440 --> 01:34:33.440]  Wait, wait, wait.
[01:34:33.440 --> 01:34:35.760]  Let's not get off that far.
[01:34:35.760 --> 01:34:39.800]  Did you see the changes before the judge signed it?
[01:34:39.800 --> 01:34:42.880]  Did I see them?
[01:34:42.880 --> 01:34:43.880]  Yeah.
[01:34:43.880 --> 01:34:48.680]  Did the lawyer make the changes and then show you the changes he had made?
[01:34:48.680 --> 01:34:55.880]  It was a subtle change, so me and my attorney, we...
[01:34:55.880 --> 01:34:56.880]  Objection non-responsive.
[01:34:56.880 --> 01:34:57.880]  What?
[01:34:57.880 --> 01:35:00.880]  I'm non-responsive to the question?
[01:35:00.880 --> 01:35:01.880]  Yes, ma'am.
[01:35:01.880 --> 01:35:07.480]  You're responding to the question, but you're answering a different question than the one
[01:35:07.480 --> 01:35:08.480]  I asked.
[01:35:08.480 --> 01:35:11.680]  Okay, go ahead.
[01:35:11.680 --> 01:35:18.480]  Did the lawyer who made the changes show the document to you before he gave it to the court?
[01:35:18.480 --> 01:35:19.480]  No.
[01:35:19.480 --> 01:35:20.480]  I don't know.
[01:35:20.480 --> 01:35:23.480]  He probably gave it to my lawyer.
[01:35:23.480 --> 01:35:26.480]  I don't remember.
[01:35:26.480 --> 01:35:38.480]  Okay, if you're going to get an order, if he changes anything in the order, amends the
[01:35:38.480 --> 01:35:44.560]  order in any way, he's got to allow you an opportunity to object to the change in the
[01:35:44.560 --> 01:35:47.560]  order.
[01:35:47.560 --> 01:35:55.480]  The proper protocol would be to make the change, show you the change, give you the opportunity
[01:35:55.480 --> 01:36:01.440]  to object or accept, and then take it to the judge for signature.
[01:36:01.440 --> 01:36:02.440]  Is that what happened?
[01:36:02.440 --> 01:36:06.960]  The change, it was a very subtle one, was a very subtle change.
[01:36:06.960 --> 01:36:07.960]  Okay.
[01:36:07.960 --> 01:36:08.960]  Doesn't matter how subtle.
[01:36:08.960 --> 01:36:09.960]  Well, yeah.
[01:36:09.960 --> 01:36:10.960]  Change is a change.
[01:36:10.960 --> 01:36:14.160]  Actually, it does matter.
[01:36:14.160 --> 01:36:22.360]  If he made a subtle change and didn't indicate to you that he had made the specific change,
[01:36:22.360 --> 01:36:26.320]  if he handed your lawyer the document and said, you know, I made some changes, you want
[01:36:26.320 --> 01:36:28.360]  to look at it.
[01:36:28.360 --> 01:36:37.560]  And the changes are subtle so that in court, a quick read of it won't really show the
[01:36:37.560 --> 01:36:38.560]  changes.
[01:36:38.560 --> 01:36:39.560]  Yes.
[01:36:39.560 --> 01:36:43.360]  And it even fooled the judge because she wrote the statement to the judge.
[01:36:43.360 --> 01:36:48.440]  You can go back and claim excusable error.
[01:36:48.440 --> 01:36:50.640]  Oh, which is telling you, though.
[01:36:50.640 --> 01:36:52.840]  I mean, this is like two years ago.
[01:36:52.840 --> 01:36:55.560]  I wanted to voice out the whole judgment.
[01:36:55.560 --> 01:36:56.560]  Yeah.
[01:36:56.560 --> 01:36:57.560]  Too late.
[01:36:57.560 --> 01:36:58.560]  Too late.
[01:36:58.560 --> 01:36:59.560]  Too late.
[01:36:59.560 --> 01:37:01.120]  Your outside statute of limitations to do anything about it.
[01:37:01.120 --> 01:37:07.640]  On the judgment, the judge had lost plenary jurisdiction 30 days after he signed it.
[01:37:07.640 --> 01:37:15.400]  No, no, no, we're talking about voiding the judgment for fraud on the court.
[01:37:15.400 --> 01:37:23.560]  That's not fraud on the court if he showed it to you.
[01:37:23.560 --> 01:37:29.640]  If he indicated he made changes and he showed it to you and he showed it, you guys missed
[01:37:29.640 --> 01:37:30.640]  it.
[01:37:30.640 --> 01:37:33.640]  You can't accuse him of fraud.
[01:37:33.640 --> 01:37:38.040]  Well, he did not point out what the subtle change was.
[01:37:38.040 --> 01:37:39.040]  He didn't have to.
[01:37:39.040 --> 01:37:45.040]  If he told you there were changes, then you had the duty to read it carefully.
[01:37:45.040 --> 01:37:48.000]  He did not tell me there was a change or my attorney.
[01:37:48.000 --> 01:37:49.000]  So.
[01:37:49.000 --> 01:37:50.000]  Okay.
[01:37:50.000 --> 01:37:51.000]  Now the story's changing.
[01:37:51.000 --> 01:37:52.000]  Yeah.
[01:37:52.000 --> 01:37:53.000]  Story's changing.
[01:37:53.000 --> 01:37:54.000]  I'm trying to.
[01:37:54.000 --> 01:37:55.000]  He made changes.
[01:37:55.000 --> 01:37:56.000]  He didn't tell you he made changes?
[01:37:56.000 --> 01:37:57.000]  No, he did not.
[01:37:57.000 --> 01:37:58.000]  Okay.
[01:37:58.000 --> 01:38:05.760]  Then that's fraud.
[01:38:05.760 --> 01:38:11.520]  If you have already read the document and then he brings it in and he's made changes
[01:38:11.520 --> 01:38:16.320]  he didn't tell you about, then he shows you the document and it essentially looks the
[01:38:16.320 --> 01:38:17.320]  same.
[01:38:17.320 --> 01:38:18.320]  Right.
[01:38:18.320 --> 01:38:23.600]  Since you weren't noticed of any changes, there was no reason to carefully read every
[01:38:23.600 --> 01:38:25.040]  single word of the document.
[01:38:25.040 --> 01:38:26.040]  Yeah.
[01:38:26.040 --> 01:38:27.040]  Okay.
[01:38:27.040 --> 01:38:28.040]  So you can claim fraud.
[01:38:28.040 --> 01:38:29.040]  You can claim fraud on discovery.
[01:38:29.040 --> 01:38:35.280]  Can I avoid the whole order or just that one line item that dealt with-
[01:38:35.280 --> 01:38:36.280]  Whole order.
[01:38:36.280 --> 01:38:37.280]  Whole order's fraud.
[01:38:37.280 --> 01:38:38.280]  Oh, really?
[01:38:38.280 --> 01:38:39.280]  Oh, fantastic.
[01:38:39.280 --> 01:38:40.280]  Yeah.
[01:38:40.280 --> 01:38:43.280]  Ask him to have dude over again.
[01:38:43.280 --> 01:38:49.720]  Well, you know, before the trial judge, because now I'm taking over my own cases, I'm an
[01:38:49.720 --> 01:38:55.920]  attorney as well, and she said, you know, you're going to have, I'm going to dismiss
[01:38:55.920 --> 01:39:02.640]  this fraud in the court and you're going to have to come back, you know, without prejudice,
[01:39:02.640 --> 01:39:06.800]  come back and then, you know, we'll look at it.
[01:39:06.800 --> 01:39:12.120]  But, you know, as far as her take was concerned, that I could only avoid out that one line
[01:39:12.120 --> 01:39:15.040]  item, not the whole thing, but I say no, the whole thing.
[01:39:15.040 --> 01:39:16.040]  Yeah.
[01:39:16.040 --> 01:39:17.840]  I would say the whole thing.
[01:39:17.840 --> 01:39:23.120]  This is fraud and the whole thing is fraud.
[01:39:23.120 --> 01:39:26.320]  It doesn't just part of it become fraud.
[01:39:26.320 --> 01:39:36.520]  Now the judge almost certainly has discretion to avoid only the party chooses to, but you
[01:39:36.520 --> 01:39:38.520]  sure need to ask for all of it.
[01:39:38.520 --> 01:39:39.520]  Yeah.
[01:39:39.520 --> 01:39:47.000]  I had a lawyer read one of my pleadings when I sued to local sheriff and he said, Mr. Kelton,
[01:39:47.000 --> 01:39:49.320]  you put everything in here with the kitchen sink.
[01:39:49.320 --> 01:39:51.840]  Oh no, let me go get the kitchen sink.
[01:39:51.840 --> 01:39:54.960]  I said, yeah, as a matter of fact, that did.
[01:39:54.960 --> 01:40:00.200]  And he said, he had just ran for a state representative and he said, you know, this, I mentioned
[01:40:00.200 --> 01:40:07.880]  this the other day, Steve kind of cringed, he goes to the horse dumping rule, you know,
[01:40:07.880 --> 01:40:13.640]  horses don't poop, they drop turds being around things and they're dry.
[01:40:13.640 --> 01:40:15.120]  There's that cringe again.
[01:40:15.120 --> 01:40:16.120]  Yeah.
[01:40:16.120 --> 01:40:20.080]  And you, if you throw them up against the wall, they're probably just going to bounce
[01:40:20.080 --> 01:40:24.200]  off or splatter into pieces.
[01:40:24.200 --> 01:40:33.680]  But he said, if you throw enough of them, one of them is going to stick.
[01:40:33.680 --> 01:40:44.160]  So give the judge, you know, and a person only has so many no's in them.
[01:40:44.160 --> 01:40:49.800]  When the kids come to me, they want something and I say no and no and no.
[01:40:49.800 --> 01:40:52.960]  I really hate having to say no.
[01:40:52.960 --> 01:40:53.960]  Yeah.
[01:40:53.960 --> 01:40:57.200]  And I want to throw them a bone.
[01:40:57.200 --> 01:40:58.200]  Exactly.
[01:40:58.200 --> 01:40:59.200]  Gotcha.
[01:40:59.200 --> 01:41:03.160]  I have a couple of other questions.
[01:41:03.160 --> 01:41:04.160]  Okay.
[01:41:04.160 --> 01:41:06.160]  Do we have enough time?
[01:41:06.160 --> 01:41:07.160]  Yes.
[01:41:07.160 --> 01:41:08.160]  Okay.
[01:41:08.160 --> 01:41:09.160]  We'll move quickly.
[01:41:09.160 --> 01:41:11.160]  We've got a couple more callers.
[01:41:11.160 --> 01:41:15.360]  So the other person was the trustee in this probate case.
[01:41:15.360 --> 01:41:17.960]  He was ordered to distribute, but he chose not to.
[01:41:17.960 --> 01:41:24.680]  So I sued him for not choosing not to, and I lost.
[01:41:24.680 --> 01:41:31.720]  And then later on, I found out in a malpractice case that he filed against his attorney that
[01:41:31.720 --> 01:41:37.880]  they had conspired together to change that court order not to distribute.
[01:41:37.880 --> 01:41:44.400]  So we're going back to the first question that he and his attorney conspired to change
[01:41:44.400 --> 01:41:48.240]  the court order so that my brother did not have to distribute.
[01:41:48.240 --> 01:41:58.480]  So my question is, can I bring this new factoid, factual situation into court based on another
[01:41:58.480 --> 01:41:59.480]  cause of action?
[01:41:59.480 --> 01:42:00.480]  This is criminal.
[01:42:00.480 --> 01:42:01.480]  It's criminal?
[01:42:01.480 --> 01:42:02.480]  That's criminal.
[01:42:02.480 --> 01:42:03.480]  Tampering with the government document.
[01:42:03.480 --> 01:42:04.480]  Yep.
[01:42:04.480 --> 01:42:05.480]  Oh, I know that.
[01:42:05.480 --> 01:42:06.480]  Absolutely.
[01:42:06.480 --> 01:42:11.480]  And they conspired to tamper with the government document.
[01:42:11.480 --> 01:42:18.480]  Oh, I know, it's 470C&D passing off as well.
[01:42:18.480 --> 01:42:19.480]  Okay.
[01:42:19.480 --> 01:42:24.840]  This is the fun part about criminal.
[01:42:24.840 --> 01:42:31.880]  You don't care if they get indicted or not, but it's going to scare the poop out of them.
[01:42:31.880 --> 01:42:32.880]  Pardon me.
[01:42:32.880 --> 01:42:38.200]  I don't know if the police are going to do anything, they'll probably say it's just a
[01:42:38.200 --> 01:42:39.200]  probate matter.
[01:42:39.200 --> 01:42:40.200]  You don't care.
[01:42:40.200 --> 01:42:42.160]  You don't care, it's about politics.
[01:42:42.160 --> 01:42:44.240]  Oh, okay.
[01:42:44.240 --> 01:42:47.800]  You never win your case because you have the law and the facts on your side.
[01:42:47.800 --> 01:42:48.800]  Oh.
[01:42:48.800 --> 01:42:52.000]  You'd only win it if you have the politics.
[01:42:52.000 --> 01:42:57.960]  It was, you know, remember the, what happened to Jesus?
[01:42:57.960 --> 01:43:05.840]  He went around preaching all this heresy and Paul before he saw, before he became Paul,
[01:43:05.840 --> 01:43:12.240]  went to the Pharisees and tried to get them to crucify him and they said, ah, we don't
[01:43:12.240 --> 01:43:13.240]  care what he does.
[01:43:13.240 --> 01:43:15.080]  Yeah, we got a lot of people doing that.
[01:43:15.080 --> 01:43:16.080]  We don't care.
[01:43:16.080 --> 01:43:17.080]  Yes.
[01:43:17.080 --> 01:43:25.160]  Jesus didn't get in trouble until he went into the temple and kicked over the tables
[01:43:25.160 --> 01:43:26.160]  of the money changers.
[01:43:26.160 --> 01:43:27.160]  Oh.
[01:43:27.160 --> 01:43:28.160]  It was all politics.
[01:43:28.160 --> 01:43:29.160]  Oh, okay.
[01:43:29.160 --> 01:43:32.240]  He messed with the wrong guys.
[01:43:32.240 --> 01:43:37.160]  Think about this, when they said, give us Barabbas, Barabbas was a murderer, a liar,
[01:43:37.160 --> 01:43:46.800]  a thief, a cheat, a drunkard, but the bankers who had the tables turned over on them, they
[01:43:46.800 --> 01:43:51.040]  said when Pilate gave them the choice, they said, give us Barabbas.
[01:43:51.040 --> 01:43:52.400]  Why?
[01:43:52.400 --> 01:43:56.320]  It's because Barabbas was a threat to society, not a threat to the system.
[01:43:56.320 --> 01:44:00.360]  We'll be right back after this message, stay tuned.
[01:44:00.360 --> 01:44:03.880]  Do you feel tired when talking about important topics like money and politics?
[01:44:03.880 --> 01:44:04.880]  Boring.
[01:44:04.880 --> 01:44:07.760]  Are you confused by words like the constitution or the federal reserve?
[01:44:07.760 --> 01:44:08.760]  What?
[01:44:08.760 --> 01:44:12.520]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
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[01:45:01.400 --> 01:45:04.560]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:56.640 --> 01:46:20.560]  or call toll free 866-LAW-EASY.
[01:46:26.640 --> 01:46:45.120]  Okay, we are back, Gwen Kelton and Steve Skidmore, we're talking to Laura in California.
[01:46:45.120 --> 01:46:46.120]  Okay.
[01:46:46.120 --> 01:46:48.120]  Yeah, this is...
[01:46:48.120 --> 01:46:49.120]  My question...
[01:46:49.120 --> 01:46:54.120]  It was hard for me to wrap my head around the fact that the law really don't matter
[01:46:54.120 --> 01:46:55.120]  that much.
[01:46:55.120 --> 01:46:56.120]  Yeah.
[01:46:56.120 --> 01:47:03.920]  I wanted to ask you, when new evidence arises in a collateral malpractice action, I'm sure
[01:47:03.920 --> 01:47:10.880]  that I can use it, but what's the appropriate civil action if there's already a judgment
[01:47:10.880 --> 01:47:11.880]  against me?
[01:47:11.880 --> 01:47:20.080]  Can I resurrect something, a new civil action of some sort based on this new evidence?
[01:47:20.080 --> 01:47:21.680]  That is a good question.
[01:47:21.680 --> 01:47:23.000]  I'm sure you can.
[01:47:23.000 --> 01:47:27.080]  I'm just digging in the cobwebs to figure out...
[01:47:27.080 --> 01:47:35.760]  Well, if you've got new evidence, if you got a judgment against you on existing evidence,
[01:47:35.760 --> 01:47:41.840]  but you've got a new issue under new evidence, you've got a new cause of action.
[01:47:41.840 --> 01:47:44.840]  Well, most should do a mint.
[01:47:44.840 --> 01:47:45.840]  It's too late.
[01:47:45.840 --> 01:47:46.840]  She's already got the judgment.
[01:47:46.840 --> 01:47:49.120]  She can't amend something that's already been ruled on.
[01:47:49.120 --> 01:47:53.120]  Well, yeah, you can amend based on new evidence.
[01:47:53.120 --> 01:47:58.040]  If they gave the judgment, they're already asking them to amend the judgment because
[01:47:58.040 --> 01:48:03.080]  the other side changed it.
[01:48:03.080 --> 01:48:06.520]  This almost have to go to rehear the whole...
[01:48:06.520 --> 01:48:14.280]  First thought, well, motion for a new trial, but you can't do that after 15 days after
[01:48:14.280 --> 01:48:17.280]  the judgment was rendered.
[01:48:17.280 --> 01:48:24.480]  It could probably go to a whole new filing based...
[01:48:24.480 --> 01:48:27.560]  There has to be a provision.
[01:48:27.560 --> 01:48:33.800]  I can't hide information from the probate court and get my ruling and to let my information,
[01:48:33.800 --> 01:48:39.960]  let the plenary jurisdiction lapse and then release my information and the other party
[01:48:39.960 --> 01:48:41.880]  have no remedy.
[01:48:41.880 --> 01:48:49.240]  There has to be remedy for this because the law is too old, it's been around too long.
[01:48:49.240 --> 01:48:57.920]  One of the things I have found, if it seems like something should be illegal or should
[01:48:57.920 --> 01:49:03.280]  be legal, it probably is because the law has been around a long time.
[01:49:03.280 --> 01:49:04.280]  There are provisions.
[01:49:04.280 --> 01:49:05.280]  We just got to find them.
[01:49:05.280 --> 01:49:06.280]  Right.
[01:49:06.280 --> 01:49:07.280]  Exactly.
[01:49:07.280 --> 01:49:09.000]  I need to do my homework.
[01:49:09.000 --> 01:49:16.120]  I have two more questions, so maybe I just kind of just tell you and then we can go into
[01:49:16.120 --> 01:49:17.120]  the next caller.
[01:49:17.120 --> 01:49:18.120]  Go for it.
[01:49:18.120 --> 01:49:19.120]  Go for it.
[01:49:19.120 --> 01:49:20.120]  We're running out of time.
[01:49:20.120 --> 01:49:26.520]  New issues were introduced that were not in the pleadings in the trial and my attorney
[01:49:26.520 --> 01:49:29.720]  did not object to this evidence coming in.
[01:49:29.720 --> 01:49:31.480]  Is there any way that I can...
[01:49:31.480 --> 01:49:36.920]  I know that that's a real no-no, but is there anything I could do about it at this point?
[01:49:36.920 --> 01:49:39.200]  Sue your attorney.
[01:49:39.200 --> 01:49:40.200]  Yeah, for malpractice.
[01:49:40.200 --> 01:49:41.200]  I know, but...
[01:49:41.200 --> 01:49:46.680]  Well, that, yes, but if you're going to make objections, you've got to make timely objections.
[01:49:46.680 --> 01:49:48.520]  Oh, I know.
[01:49:48.520 --> 01:49:52.640]  Most dangerous person in the courtroom is your attorney.
[01:49:52.640 --> 01:49:55.200]  No kidding.
[01:49:55.200 --> 01:49:56.920]  Okay.
[01:49:56.920 --> 01:50:03.480]  That's who can screw you the worst and if he didn't object and lawyers are really afraid
[01:50:03.480 --> 01:50:09.600]  to be sued for missing stuff, I mean, this is a big deal.
[01:50:09.600 --> 01:50:10.600]  No kidding.
[01:50:10.600 --> 01:50:13.080]  Yeah, because it's going to...
[01:50:13.080 --> 01:50:18.360]  During appeal, it's going to be unveiled and I'm going to lose that one issue.
[01:50:18.360 --> 01:50:19.360]  Absolutely.
[01:50:19.360 --> 01:50:20.360]  Yeah.
[01:50:20.360 --> 01:50:23.320]  Two more questions and then I'll be done.
[01:50:23.320 --> 01:50:31.200]  We had a trial at Jams, which is a private judge acting as pro tem and he really did
[01:50:31.200 --> 01:50:33.920]  not follow the law at all.
[01:50:33.920 --> 01:50:36.920]  Did you expect him to?
[01:50:36.920 --> 01:50:37.920]  Huh?
[01:50:37.920 --> 01:50:38.920]  Okay.
[01:50:38.920 --> 01:50:41.920]  Did you expect him to?
[01:50:41.920 --> 01:50:44.840]  Was this judge learning counsel?
[01:50:44.840 --> 01:50:50.400]  Go to Jams for a trial or for anything else for that matter because it's a business.
[01:50:50.400 --> 01:50:52.160]  It's not a state court.
[01:50:52.160 --> 01:50:53.760]  Sue the business.
[01:50:53.760 --> 01:50:54.760]  Oh, yeah?
[01:50:54.760 --> 01:50:57.760]  Sue the business for malpractice.
[01:50:57.760 --> 01:51:00.280]  Can I do that?
[01:51:00.280 --> 01:51:01.280]  Yeah.
[01:51:01.280 --> 01:51:02.280]  Deeper pockets.
[01:51:02.280 --> 01:51:03.280]  They're a contractor.
[01:51:03.280 --> 01:51:04.280]  Oh.
[01:51:04.280 --> 01:51:05.280]  Okay.
[01:51:05.280 --> 01:51:06.280]  They're under contract.
[01:51:06.280 --> 01:51:08.320]  You could nail him for breaching...
[01:51:08.320 --> 01:51:14.520]  If he came into this position, he had to have came in under the contractual stipulation
[01:51:14.520 --> 01:51:18.720]  that he would determine the facts in accordance to rules of evidence by the law to the facts
[01:51:18.720 --> 01:51:19.720]  that's come to him.
[01:51:19.720 --> 01:51:21.720]  That had to be his contract.
[01:51:21.720 --> 01:51:22.720]  Right.
[01:51:22.720 --> 01:51:23.720]  And he did not.
[01:51:23.720 --> 01:51:24.720]  You should...
[01:51:24.720 --> 01:51:29.120]  Oh, you sue the business, they are going to get real excited.
[01:51:29.120 --> 01:51:30.120]  Okay.
[01:51:30.120 --> 01:51:33.760]  And they're probably going to write you a check to get you to go away.
[01:51:33.760 --> 01:51:34.760]  You think so?
[01:51:34.760 --> 01:51:35.760]  Maybe.
[01:51:35.760 --> 01:51:37.000]  This is politics.
[01:51:37.000 --> 01:51:41.560]  It don't matter if they're guilty or innocent, you know, if they're right or wrong.
[01:51:41.560 --> 01:51:44.960]  You get sued, it goes against you.
[01:51:44.960 --> 01:51:45.960]  Oh.
[01:51:45.960 --> 01:51:46.960]  Thank you for the information.
[01:51:46.960 --> 01:51:47.960]  That's great.
[01:51:47.960 --> 01:51:48.960]  All right.
[01:51:48.960 --> 01:51:49.960]  I have one last question.
[01:51:49.960 --> 01:51:50.960]  You can go on to the next column.
[01:51:50.960 --> 01:51:56.400]  And that is, can I sue a state court judge in federal court for violating my due process
[01:51:56.400 --> 01:51:57.400]  rights?
[01:51:57.400 --> 01:51:58.400]  Yes.
[01:51:58.400 --> 01:51:59.400]  42 U.S. Code 1983.
[01:51:59.400 --> 01:52:00.400]  42 U.S. Code 93.
[01:52:00.400 --> 01:52:01.400]  Okay.
[01:52:01.400 --> 01:52:02.400]  Thank you.
[01:52:02.400 --> 01:52:15.640]  The Ku Klux Klan Act of 1871, it's been codified into 18 U.S. Code 242, the criminal side,
[01:52:15.640 --> 01:52:19.040]  42 U.S. Code 1983, the civil side.
[01:52:19.040 --> 01:52:20.040]  Wow.
[01:52:20.040 --> 01:52:22.880]  Do you think I should pursue a criminal action?
[01:52:22.880 --> 01:52:28.120]  I think it would be, you know, persona non grata in the probate court.
[01:52:28.120 --> 01:52:29.120]  Absolutely would.
[01:52:29.120 --> 01:52:34.160]  As a lawyer, you would be persona non grata.
[01:52:34.160 --> 01:52:36.120]  Be real careful suing judges.
[01:52:36.120 --> 01:52:38.320]  They will get back at you.
[01:52:38.320 --> 01:52:39.320]  Exactly.
[01:52:39.320 --> 01:52:40.320]  Who needs that?
[01:52:40.320 --> 01:52:41.320]  All right.
[01:52:41.320 --> 01:52:42.320]  All right, guys.
[01:52:42.320 --> 01:52:43.320]  Thank you so much.
[01:52:43.320 --> 01:52:44.320]  And you can take your next caller.
[01:52:44.320 --> 01:52:47.320]  And you've been so, so good and so informative.
[01:52:47.320 --> 01:52:49.280]  And I so appreciate your expertise.
[01:52:49.280 --> 01:52:50.280]  All righty.
[01:52:50.280 --> 01:52:51.280]  Thank you for calling.
[01:52:51.280 --> 01:52:52.280]  Okay.
[01:52:52.280 --> 01:52:53.280]  Bye now.
[01:52:53.280 --> 01:52:58.840]  Okay, now we're going to Caleb in Oklahoma.
[01:52:58.840 --> 01:52:59.840]  Hello, Caleb.
[01:52:59.840 --> 01:53:00.840]  Hi.
[01:53:00.840 --> 01:53:06.800]  Thank you for taking my call.
[01:53:06.800 --> 01:53:09.080]  I am in a-
[01:53:09.080 --> 01:53:10.080]  Okay.
[01:53:10.080 --> 01:53:11.080]  Five minutes.
[01:53:11.080 --> 01:53:12.080]  Move quickly.
[01:53:12.080 --> 01:53:13.080]  Okay.
[01:53:13.080 --> 01:53:16.000]  I am in a foreclosure situation in Oklahoma.
[01:53:16.000 --> 01:53:28.120]  And Richard had mentioned doing a findings of fact to conclusions of law.
[01:53:28.120 --> 01:53:29.120]  So-
[01:53:29.120 --> 01:53:32.400]  No, that's only done after a judge makes a ruling.
[01:53:32.400 --> 01:53:33.400]  Right.
[01:53:33.400 --> 01:53:34.400]  Okay.
[01:53:34.400 --> 01:53:38.800]  It's a judge's duty to determine the facts in accordance to the rules of evidence, then
[01:53:38.800 --> 01:53:42.700]  apply the laws that comes to him to the facts in the case.
[01:53:42.700 --> 01:53:48.480]  And he makes a ruling, ask him, what are the facts that you found?
[01:53:48.480 --> 01:53:52.160]  That's the facts of law.
[01:53:52.160 --> 01:53:57.880]  What law did you apply to those facts to make this determination?
[01:53:57.880 --> 01:54:00.120]  The finding of facts is a fact in law.
[01:54:00.120 --> 01:54:03.440]  That is what statute did you base your ruling on?
[01:54:03.440 --> 01:54:05.480]  No, no, no, no, no, no, no, no, no, no, no.
[01:54:05.480 --> 01:54:06.480]  Facts.
[01:54:06.480 --> 01:54:07.480]  This is what happened.
[01:54:07.480 --> 01:54:08.480]  These things happened.
[01:54:08.480 --> 01:54:09.480]  Those are the facts.
[01:54:09.480 --> 01:54:10.480]  Yeah.
[01:54:10.480 --> 01:54:11.480]  But you've also got facts in law.
[01:54:11.480 --> 01:54:14.640]  Well, that's confusing.
[01:54:14.640 --> 01:54:17.480]  What's a fact in law as opposed to law?
[01:54:17.480 --> 01:54:18.480]  Statute.
[01:54:18.480 --> 01:54:19.480]  Okay.
[01:54:19.480 --> 01:54:25.440]  I have the understanding of finding the facts and conclusions are the law and supporting
[01:54:25.440 --> 01:54:26.440]  case law.
[01:54:26.440 --> 01:54:27.440]  No, no, no.
[01:54:27.440 --> 01:54:28.440]  Okay.
[01:54:28.440 --> 01:54:34.040]  Finding the fact and conclusions at law.
[01:54:34.040 --> 01:54:41.400]  You develop the facts in the case and then you apply the law as it comes to them to those
[01:54:41.400 --> 01:54:44.160]  facts.
[01:54:44.160 --> 01:54:49.420]  If you say, call the facts, facts in law, you're saying find the case law and apply
[01:54:49.420 --> 01:54:51.240]  the case law to the case law.
[01:54:51.240 --> 01:54:52.240]  It's redundant.
[01:54:52.240 --> 01:54:53.240]  Yeah.
[01:54:53.240 --> 01:54:56.400]  They must develop the facts of the case.
[01:54:56.400 --> 01:54:58.040]  Well, I was misunderstood.
[01:54:58.040 --> 01:54:59.040]  Yeah.
[01:54:59.040 --> 01:55:03.680]  And then you apply the law as it comes, as it applies to those facts.
[01:55:03.680 --> 01:55:08.920]  If you ask for findings of facts and conclusions at law, the way you do that is you write your
[01:55:08.920 --> 01:55:09.920]  own.
[01:55:09.920 --> 01:55:14.800]  These are the facts and these are the conclusions you should have come to.
[01:55:14.800 --> 01:55:20.600]  Here, give me findings of fact and conclusions at law or accept mine.
[01:55:20.600 --> 01:55:21.600]  Okay.
[01:55:21.600 --> 01:55:25.240]  We kind of ran off on you.
[01:55:25.240 --> 01:55:27.600]  Did we answer?
[01:55:27.600 --> 01:55:29.600]  We didn't let you get to your question.
[01:55:29.600 --> 01:55:30.600]  Go ahead, Doug.
[01:55:30.600 --> 01:55:32.240]  We kind of interrupted.
[01:55:32.240 --> 01:55:35.080]  Thank you for expounding upon that.
[01:55:35.080 --> 01:55:39.080]  That makes more sense as to what it actually is.
[01:55:39.080 --> 01:55:46.120]  The question is, the judge made a ruling on a motion, my motion to dismiss the lack of
[01:55:46.120 --> 01:55:55.000]  subject matter jurisdiction in a minute order, but she did not say why it was dismissed.
[01:55:55.000 --> 01:56:01.640]  So my question is, how would you request of the judge for the facts in findings and conclusions
[01:56:01.640 --> 01:56:02.640]  of law?
[01:56:02.640 --> 01:56:03.640]  Okay.
[01:56:03.640 --> 01:56:10.040]  You just file a motion for findings of fact and conclusions of law, and you ask the court
[01:56:10.040 --> 01:56:13.080]  to take judicial notice of these facts.
[01:56:13.080 --> 01:56:18.240]  These are the facts that were developed in the case and only the facts that were put
[01:56:18.240 --> 01:56:23.640]  before the court, if they're facts you know about, but they weren't presented to the
[01:56:23.640 --> 01:56:25.000]  court, you don't put those in there.
[01:56:25.000 --> 01:56:30.080]  Just put what was before the court, keeping in mind that the judge must determine the
[01:56:30.080 --> 01:56:34.440]  facts in accordance with the rules of evidence and apply the law to the facts.
[01:56:34.440 --> 01:56:41.840]  So okay, here are the facts you had, and here is the law that was brought to you.
[01:56:41.840 --> 01:56:47.000]  Show me how you applied these laws to those facts.
[01:56:47.000 --> 01:56:53.360]  Do a search online for findings of fact and conclusions of law, or go down to the courthouse
[01:56:53.360 --> 01:56:59.200]  and ask the clerk if she remembers any case that had a findings in fact or conclusions
[01:56:59.200 --> 01:57:00.200]  of law.
[01:57:00.200 --> 01:57:01.200]  Oh, I'm brain dead.
[01:57:01.200 --> 01:57:02.200]  What am I thinking?
[01:57:02.200 --> 01:57:04.920]  Case law, that's what case law is.
[01:57:04.920 --> 01:57:05.920]  Okay.
[01:57:05.920 --> 01:57:10.040]  Read some cases, look how they do that.
[01:57:10.040 --> 01:57:11.360]  These are the facts in the case.
[01:57:11.360 --> 01:57:17.200]  In the case they always stipulate the facts first, and then they go into the brief.
[01:57:17.200 --> 01:57:23.000]  These are the decisions we made based on these facts.
[01:57:23.000 --> 01:57:26.720]  Almost every federal order will have that.
[01:57:26.720 --> 01:57:27.720]  Okay.
[01:57:27.720 --> 01:57:33.320]  If I had an order in a federal case, they'll show you exactly how to do findings of fact
[01:57:33.320 --> 01:57:37.280]  and conclusions of law.
[01:57:37.280 --> 01:57:44.760]  And it goes to the rule, never make a proactive statement of law out of your own mouth.
[01:57:44.760 --> 01:57:50.280]  Always make it out of the mouth of the court, and when you look at their memorandum or points
[01:57:50.280 --> 01:57:55.360]  in authorities or brief, whatever they call it, they'll say, in this case the court said
[01:57:55.360 --> 01:57:58.600]  this, in this case the court said this.
[01:57:58.600 --> 01:58:03.000]  They don't make these statements out of their mouth to make it out of the mouth of the court.
[01:58:03.000 --> 01:58:09.480]  So just get a couple of federal court rulings, and they'll show you exactly how to do it.
[01:58:09.480 --> 01:58:10.480]  Okay.
[01:58:10.480 --> 01:58:15.600]  Because that's exactly what those are, their explanation of how they got to the ruling.
[01:58:15.600 --> 01:58:18.480]  That's the findings of fact and conclusions of law.
[01:58:18.480 --> 01:58:19.480]  Okay.
[01:58:19.480 --> 01:58:22.960]  Okay, I blabbed up all your time again.
[01:58:22.960 --> 01:58:24.760]  Thank you very much.
[01:58:24.760 --> 01:58:25.760]  You are most welcome.
[01:58:25.760 --> 01:58:34.040]  This is Randy Kelton, Steve Skidmore and Kenneth, and Nancy, I'm sorry we didn't get to you.
[01:58:34.040 --> 01:58:38.280]  Call us back next week, and if you'll let us know you waited and didn't get called,
[01:58:38.280 --> 01:58:40.400]  we'll pull you up first.
[01:58:40.400 --> 01:58:42.520]  It's Randy Kelton, Steve Skidmore.
[01:58:42.520 --> 01:58:50.760]  Thank you for listening, and good night.
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