[00:00.000 --> 00:07.000]  This is The Liberty Beat, your daily source for Liberty news and activist updates.
[00:07.000 --> 00:13.000]  Online at TheLibertyBeat.com. I'm Brian Hagan with your Liberty Beat for Friday, September 26, 2014.
[00:13.000 --> 00:20.000]  Gold opened today at $1,212. Silver opened at $17.52 and Bitcoin is trading around $399.
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[00:26.000 --> 00:30.000]  Buy Bitcoin today at ExpressCoin.com.
[00:30.000 --> 00:34.000]  Support for The Liberty Beat comes from the Michael Cargill for Austin City Council District 1 campaign.
[00:34.000 --> 00:36.000]  Vote Michael Cargill to get the cars moving.
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[00:40.000 --> 00:44.000]  Political advertisement paid for by the Michael Cargill for Austin City Council District 1 campaign.
[00:44.000 --> 00:49.000]  In the news today, two days before Attorney General Eric Hover announced his resignation,
[00:49.000 --> 00:55.000]  U.S. District Court Judge John D. Bates ruled that the Department of Justice must release details on documents
[00:55.000 --> 00:58.000]  related to Operation Fast and Furious.
[00:58.000 --> 01:04.000]  Judge Bates ruled that the Department of Justice must submit the material sought by the watchdog group Judicial Watch
[01:04.000 --> 01:10.000]  no later than October 22. The judge called the government's request for more time unconvincing.
[01:10.000 --> 01:18.000]  The FBI director on Thursday criticized the decision by Apple and Google to encrypt smartphone data
[01:18.000 --> 01:22.000]  so it can be inaccessible to law enforcement even with a court order.
[01:22.000 --> 01:27.000]  James Comey told reporters at FBI headquarters that U.S. officials were in talks with the two companies,
[01:27.000 --> 01:32.000]  which he accused of marketing products that would let people put themselves beyond the law's reach.
[01:32.000 --> 01:37.000]  While law enforcement is obviously perturbed that they will no longer be able to legally or illegally intercept people's data,
[01:37.000 --> 01:46.000]  privacy advocates are heralding the moves by the cell phone giants as an important step in the right direction.
[01:46.000 --> 01:51.000]  Hundreds of speeding tickets written by four disgraced Houston Police Department officers were dismissed
[01:51.000 --> 01:54.000]  after their ticket falsification scheme was exposed.
[01:54.000 --> 01:59.000]  Randy Zamora, chief of the Criminal Law Division for the City of Houston Legal Department,
[01:59.000 --> 02:04.000]  said it was in the interest of justice and simply the right thing to do, to dismiss the tickets.
[02:04.000 --> 02:10.000]  The I-Team of KHOU in Houston first revealed that officers Rudolph Barrios, John Garcia, Robert Manzanellis,
[02:10.000 --> 02:16.000]  and Gregory Rosa were listing each other as witnesses for speeding violations, despite the officers not being present.
[02:16.000 --> 02:21.000]  The Gang of Four were allegedly seeking to collect more overtime pay for court appearances.
[02:21.000 --> 02:27.000]  Support for Liberty Beat comes from Cabo Bobs, southwestern-style burritos, now with two locations in Austin,
[02:27.000 --> 02:31.000]  500 East Ben White Boulevard and 2828 Rio Grande Boulevard.
[02:31.000 --> 02:34.000]  Find them online at Cabobobs.com.
[02:34.000 --> 02:42.000]  And support also comes from Sovereign Living, a podcast, blog, and reality show about what it takes to live a voluntary and natural life.
[02:42.000 --> 02:49.000]  Check out the blog at SovereignLiving.com and watch Episode 1 of the soon-to-be-released reality show at SovereignLiving.tv.
[02:49.000 --> 02:53.000]  This is the Liberty Beat for Friday, September 26, 2014.
[02:53.000 --> 03:13.000]  Check out the website at TheLibertyBeat.com and like us on Facebook, Facebook.com, The Liberty Beat.
[03:23.000 --> 03:33.000]  Check out the website at TheLibertyBeat.com and like us on Facebook, Facebook.com, The Liberty Beat.
[03:53.000 --> 03:59.000]  Howdy, howdy. Hello, everyone. This is Randy Kelton, Steve Skidmore, Wheel of Law Radio.
[03:59.000 --> 04:07.000]  On this Friday, the 26th of September, thank you all for being here, and yes, this is a live show.
[04:07.000 --> 04:15.000]  I do apologize that we've had a few archives lately, but we have had some technical issues,
[04:15.000 --> 04:24.000]  and we expect another technical issue next Friday. We will not be able to do a live show, and I apologize for that.
[04:24.000 --> 04:34.000]  But we have a live show tonight, and I will be opening the phone lines probably in the third segment, unless I finish this earlier.
[04:34.000 --> 04:45.000]  I spoke on this issue last night, and I have drifted around the subject a few times.
[04:45.000 --> 04:52.000]  But I'd like to take this one on directly. It has to do with my own experience with the court system,
[04:52.000 --> 05:06.000]  and we through the Wheel of Law Radio have helped over 700 people file federal and state lawsuits around the country in the foreclosure issue,
[05:06.000 --> 05:16.000]  and we've helped a lot of people fight criminal issues. And in spite of what people may think, except for traffic tickets,
[05:16.000 --> 05:25.000]  in criminal issues, we have had people have a number of wins. But in the civil arena,
[05:25.000 --> 05:38.000]  it seems as though, so far as the courts are concerned, the facts and the law simply does not matter if you are a pro-civilian.
[05:38.000 --> 05:43.000]  Now, I'm not saying this complaining about the courts. We do enough of that.
[05:43.000 --> 05:54.000]  This presentation is not about that. This presentation is about the reality of what we have to deal with.
[05:54.000 --> 06:02.000]  Now, it may be that the courts are not totally and absolutely corrupt.
[06:02.000 --> 06:09.000]  There may actually be some fair and honest judges out there. There may even be a lot of them.
[06:09.000 --> 06:22.000]  I don't know. I haven't found many. But it behooves you and I, if we are considering the prospect of entering civil litigation,
[06:22.000 --> 06:29.000]  to presume that the court will rule against you out of hand at every turn.
[06:29.000 --> 06:40.000]  And keep in mind what Dr. Frederick Graves tells us in Jurisdictionary, to always remember that your only purpose
[06:40.000 --> 06:49.000]  in the trial court is to set the record for appeal. So when we go to a trial court,
[06:49.000 --> 07:03.000]  do not expect the court to rule in your favor. In this patriot community, there is a very strong expectation
[07:03.000 --> 07:13.000]  that we will be protected by law. Most everyone who comes to these issues,
[07:13.000 --> 07:27.000]  when they feel as though they're not protected by law, are angry, frustrated, feel betrayed by the public officials
[07:27.000 --> 07:39.000]  they put in place to protect them. And often this consideration is not always well founded.
[07:39.000 --> 07:50.000]  I spoke a while back on addressing the family courts. And it is my considered opinion that if a family court judge
[07:50.000 --> 08:03.000]  does his job properly, the likelihood is that both parties will come away feeling as though the judge mistreated them.
[08:03.000 --> 08:12.000]  This is not in any way an endorsement of the family courts. But a family court judge is not something I could do.
[08:12.000 --> 08:19.000]  Because for the most part the family court judge cares about the children, they don't care about the parents so much.
[08:19.000 --> 08:28.000]  And when they draw a compromise, when the parents come in with the expectation that they have certain rights
[08:28.000 --> 08:38.000]  and their position is the right position and the judge doesn't give them everything they ask for, they feel betrayed and put upon.
[08:38.000 --> 08:48.000]  When we come into court, you can generally be pretty well assured that in most civil actions,
[08:48.000 --> 09:01.000]  both parties feel that they are in the right. So when you have two parties at odds, both feeling as though they're in the right,
[09:01.000 --> 09:11.000]  somebody's going to come away unhappy. And most likely both parties are going to come away unhappy
[09:11.000 --> 09:19.000]  because the judge is not likely to give either side everything that they want.
[09:19.000 --> 09:41.000]  Point of this is, if you're looking at entering into a civil litigation, set aside the expectations of the absolute adjudication of law that you were led to accept in high school.
[09:41.000 --> 09:50.000]  This is not high school, this is out here in the real world. And in the real world you never win your case simply because you have the law and the facts on your side.
[09:50.000 --> 10:02.000]  Reason being, everything is political. And for the most part, both parties will never get everything they want
[10:02.000 --> 10:13.000]  unless the parties understand the system enough to play it like a game of poker.
[10:13.000 --> 10:23.000]  If you want to come out of the case with what you want, you must ask for more than you want.
[10:23.000 --> 10:36.000]  If you ask for everything you want and don't get it, you're going to feel mistreated. And both parties, both asking for what they want, somebody's not going to get it.
[10:36.000 --> 10:54.000]  So my suggestion to anyone going into a civil court, the first thing you need to do is sit down and decide what for you would be an equitable outcome.
[10:54.000 --> 11:08.000]  Maybe not the best outcome, maybe not even the most just and righteous outcome, but what would be equitable? What could you live with?
[11:08.000 --> 11:28.000]  And mark that down as the middle of the road. And then whittle that down. What is the least you would be willing to walk away from and feel as though you at least won something?
[11:28.000 --> 11:36.000]  And what is absolutely the best outcome that could happen?
[11:36.000 --> 11:58.000]  Then find a place somewhere in that continuum that you can set as a goal. If you set your goal higher than is reasonable, you're going to come away from the court feeling mistreated even if you want.
[11:58.000 --> 12:09.000]  And we have a lot of people coming away from the courts feeling mistreated, accusing the courts of mistreating them when that's not always the case.
[12:09.000 --> 12:16.000]  A lot of people come to the court with unreasonable expectations.
[12:16.000 --> 12:29.000]  Now I'm not saying their expectations are unreasonable on their face, but in view of the reality of the court systems, the expectation is unreasonable.
[12:29.000 --> 12:51.000]  And the pro se litigant doesn't always understand this. Everything is a negotiation. Everything. If you're going to win your case, the place you will most likely win it is in negotiations, either mediation or negotiating a deal with the other side.
[12:51.000 --> 13:04.000]  99.9% of all of the cases never get to court. The only ones that tend to get to court are the ones where both parties are absolutely intractable.
[13:04.000 --> 13:16.000]  And neither party is willing to give an inch and they simply cannot resolve their difficulties on their own.
[13:16.000 --> 13:34.000]  So when they have, the parties have tried everything that they can do and failed miserably, then they come to the court to ask the court to give them a definitive ruling that will settle the issue.
[13:34.000 --> 14:03.000]  My suggestion to anyone who's considering going into the civil courts to go into the courts from the perspective of your real purpose here is to file your pleadings and motions and claims in such a way as to give the other party reason to come to the table and make a deal with you.
[14:03.000 --> 14:15.000]  If you think of the case in that way, you will probably never have a judge chastise you for abusing the other party.
[14:15.000 --> 14:38.000]  Because if you come in insulting and goading the other party, there's no way to bring them to the table. They call this civil litigation because it works best if both sides are civil, makes no difference what you think of the other party.
[14:38.000 --> 14:48.000]  If you come into court to achieve an outcome, everything you do should be toward the achievement of that outcome.
[14:48.000 --> 15:08.000]  Before you take any action, you should hold up that outcome that you have decided on, that equitable outcome and ask yourself, will this lead me toward that outcome or lead me away from that outcome?
[15:08.000 --> 15:30.000]  When the other side does something that hurts your feelings or insults you or angers you and you want to respond, ask yourself, will what I'm about to do lead me toward my intended outcome or away from my intended outcome?
[15:30.000 --> 15:37.000]  That will lead you to very civil behavior.
[15:37.000 --> 15:53.000]  Okay, with all that said, there's a whole lot we can do and this is an effective strategy because it causes you to think about what you're doing much differently.
[15:53.000 --> 16:09.000]  And we're coming up on one minute so I won't have time to get into that in this segment. I will talk about how we can use political strategy in what we're doing to bring the other side to the table.
[16:09.000 --> 16:23.000]  I'm going to talk about the issues and pressures on both sides and how we can manipulate those pressures to achieve our best outcome.
[16:23.000 --> 16:43.000]  So thank you all for listening. Hang on. If you have a comment or a question, I'll turn the phone lines on now so you can call in and get in line and after the next segment we'll start taking calls and we will be taking calls for the rest of the night.
[16:43.000 --> 16:59.000]  Steve Skidmore will be here shortly. He's hung up in traffic so it's going to be a little bit late, but he will be here to chime in with this. This is Randy Kelton, Steve Skidmore, Wulala Radio, our call in number 512-646-1984.
[16:59.000 --> 17:14.000]  We'll be right back.
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[19:01.000 --> 19:11.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[19:31.000 --> 19:55.000]  Okay, we are back. Randy Kelton, Steve Skidmore, Rule of Law Radio, and we're talking about politics. In the end, everything is political. I take this from Ken Magnuson. He's a friend of mine and someone who's on the show on occasion.
[19:55.000 --> 20:17.000]  He has four rules. The first one is everything is negotiable. The second one is everything's political. And the third one is I forget. I'll take you back a minute. And the fourth one is document, document, document.
[20:17.000 --> 20:33.000]  Oh, I'm sorry. Perception is everything. Everything's political, negotiable. Everything's political. Perception is everything. And document, document, document. We start out with everything's political.
[20:33.000 --> 20:47.000]  To think otherwise is naive. If you imagine that you will win your case simply because you have the law and the facts on your side, you will always be disappointed.
[20:47.000 --> 21:11.000]  I had a copy of a plaque that was found in the library in Nineveh across from Mosul, across the Euphrates from Mosul in Iraq. In 1929, I believe they found a library buried under a mound across the river.
[21:11.000 --> 21:21.000]  And it had some 20,000 Sumerian and Arcadian text tablets in there. And they were 5,500 to 6,000 years old.
[21:21.000 --> 21:40.000]  And this particular plaque was petitioned by a king and he declared that he was reestablishing the old law because those in positions of power and influence have so perverted the laws that the citizen can no longer achieve justice.
[21:40.000 --> 21:54.000]  Well, if this has been going on for 5,500 years that we know of, don't expect it to end tomorrow and don't expect the world to end tomorrow.
[21:54.000 --> 22:01.000]  These corrupt courts have always been corrupt and somehow the country keeps going.
[22:01.000 --> 22:12.000]  And most people kind of struggle their way through the courts and for the most part that's because our lawyers understand it's not so much about the law as it is about the politics.
[22:12.000 --> 22:27.000]  So when you craft your case, you craft your case in order to achieve an outcome that's not necessarily the outcome you ask for when you file the case.
[22:27.000 --> 22:45.000]  If you think of the case that you file and the claims that you make, merely as tools to bring the lender to the table to negotiate, you will craft your pleadings much differently.
[22:45.000 --> 22:50.000]  Sometimes you will put pleadings in there you otherwise may not.
[22:50.000 --> 23:06.000]  Now if you talk to your lawyer, your lawyer has a bound duty not to file a claim that he does not feel he can win.
[23:06.000 --> 23:12.000]  You on the other hand as the client, you don't have that duty.
[23:12.000 --> 23:25.000]  Even if you're not pro se, you can order your lawyer to address any issue that has foundation in law.
[23:25.000 --> 23:34.000]  Even if the lawyer himself doesn't think he can win it, that's not necessarily always the issue.
[23:34.000 --> 23:57.000]  For instance, Steve Skidmore talked about a case where L. Keller Mackey, one of these foreclosure mill attorneys, got a ruling against him recently where he presented a fraudulent document to a defendant or an opposing party.
[23:57.000 --> 24:13.000]  I don't know if he was a defendant or a plaintiff, an opposing party in an action where the party demanded to see the note under the authority of UCC 3-501.
[24:13.000 --> 24:23.000]  The lender in this case is required to make available for inspection the original security note or security instrument.
[24:23.000 --> 24:31.000]  He's not required to give it to the opposing party, but he must show it to it.
[24:31.000 --> 24:36.000]  So the party asked to see the document and Mackey told him, come on down, we'll show it to you.
[24:36.000 --> 24:39.000]  They come down to the office and they show him the copy.
[24:39.000 --> 24:47.000]  Well, the client sued the lawyer for presenting a fraudulent document because it was not the original.
[24:47.000 --> 25:07.000]  And Mackey, I guess he felt like he had the courts bought and paid for because he answered the suit only by saying that he was acting as counsel for his client and as such he was immune from suit.
[25:07.000 --> 25:17.000]  Now, normally in a civil action, you generally claim all of your causes of actions or all of your defenses.
[25:17.000 --> 25:36.000]  And especially for defenses, there's a special term that you could use in this regard where, for instance, if I go in and I challenge subject matter jurisdiction, I'm saying the court has no jurisdiction whatsoever.
[25:36.000 --> 25:43.000]  But if the court rules that they do, then the court will go on to hear these other issues.
[25:43.000 --> 25:50.000]  Well, best you have your arguments in there for those other issues, even though you feel the court can't hear them.
[25:50.000 --> 25:56.000]  Just in case you get ruled against, then you have these other arguments that you can bring before the court.
[25:56.000 --> 25:59.000]  So you have this term in the alternative.
[25:59.000 --> 26:11.000]  You maintain the court lacks subject matter jurisdiction, but in the alternative, meaning that if you rule against me on this issue, then I have these other issues.
[26:11.000 --> 26:31.000]  In this case, it would have been prudent for Mackey to claim that he lacked, that he could not be sued because he had immunity, but in the alternative, the document that I provided was a true and accurate copy of the original and was sufficient.
[26:31.000 --> 26:34.000]  And the other side would say, no, it wasn't sufficient.
[26:34.000 --> 26:41.000]  And they'd say, yes, it was sufficient. And they'd argue that issue back and forth and go through the appeals court and give all kinds of stuff.
[26:41.000 --> 26:43.000]  But he didn't do that.
[26:43.000 --> 26:47.000]  He left the courts no option.
[26:47.000 --> 26:58.000]  They could either rule that a lawyer can present fraudulent documents to the to opposing party or not.
[26:58.000 --> 27:00.000]  That was it.
[27:00.000 --> 27:07.000]  So what would happen if the courts ruled that lawyers could present fraudulent documents?
[27:07.000 --> 27:12.000]  That would completely undermine the court system.
[27:12.000 --> 27:17.000]  I think Mackey just had himself a bad day, but he got ruled against.
[27:17.000 --> 27:21.000]  And the court said, yes, you can sue the lawyer.
[27:21.000 --> 27:30.000]  So when I look at a foreclosure issue, first thing I do is look at the county records and I find this like one this morning.
[27:30.000 --> 27:38.000]  I found this deed of trust and the lender was some community mortgage company.
[27:38.000 --> 27:42.000]  I checked the Internet and that community mortgage company went out of business.
[27:42.000 --> 27:44.000]  The note was 2007.
[27:44.000 --> 27:47.000]  The company went out of business in 2008.
[27:47.000 --> 27:57.000]  In 2012, MERS filed an assignment of the security instrument from this mortgage company to bank to the mortgage company.
[27:57.000 --> 28:07.000]  This one was Countrywide from Countrywide to Bank of America and Countrywide went out of business in 2010.
[28:07.000 --> 28:17.000]  In 2012, MERS came in acting as an agent for Countrywide and filed an assignment of the security instrument.
[28:17.000 --> 28:23.000]  Well, sorry, Bubba, you can't have a dead guy as an agent.
[28:23.000 --> 28:27.000]  I mean, as a principal, you can't be an agent for a dead guy.
[28:27.000 --> 28:31.000]  So the document is fraudulent on its face.
[28:31.000 --> 28:43.000]  And what we would normally do in this case is file a quiet title action or if there's already been a foreclosure, a trespass to try title action.
[28:43.000 --> 29:02.000]  But after this ruling, now we can say under 51-901 paragraph C, I'm sorry, 53-901 paragraph C.
[29:02.000 --> 29:03.000]  I need Steve here.
[29:03.000 --> 29:09.000]  I think it's 51-901 paragraph C of the rules of the Texas government code.
[29:09.000 --> 29:22.000]  It is the last set of statutes in the Texas government code they were put in there to stop the Republic of Texas from filing these liens against public officials.
[29:22.000 --> 29:37.000]  What it says is that any document filed in the public record by someone who is not named as having authority to file the document is presumed to be fraudulent.
[29:37.000 --> 29:44.000]  So that thing is fraudulent on its face, and I took too long for this segment, so I'll get into the other segment a little bit.
[29:44.000 --> 29:50.000]  I'll try to finish this up so that makes sense, and I apologize for running on too long.
[29:50.000 --> 29:53.000]  Randy Kelton there with Steve, Steve Skidmore.
[29:53.000 --> 30:03.000]  Oh, well, we'll be right back.
[30:03.000 --> 30:09.000]  It took a very special brain to devise a theory of relativity, but was Albert Einstein born super smart?
[30:09.000 --> 30:16.000]  I'm Dr. Catherine Albrecht, and I'll be back with details on new discoveries into the famous physicist's brain in a moment.
[30:16.000 --> 30:18.000]  Privacy is under attack.
[30:18.000 --> 30:22.000]  When you give up data about yourself, you'll never get it back again.
[30:22.000 --> 30:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.000 --> 30:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:32.000 --> 30:35.000]  Privacy, it's worth hanging on to.
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[30:46.000 --> 30:54.000]  Albert Einstein had one of the greatest minds in history, but was he just born brainy, or did thinking about physics cause his brain to expand?
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[30:58.000 --> 31:03.000]  It appears the great physicist did indeed have something special between his ears.
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[31:12.000 --> 31:21.000]  Researchers don't yet know how these differences affected Einstein's remarkable IQ, but one thing's for sure, smarts had little to do with size.
[31:21.000 --> 31:25.000]  Einstein's brain was average sized, relatively speaking, that is.
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[32:02.000 --> 32:06.000]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:06.000 --> 32:14.000]  In today's America, we live in an us-against-them society, and if we the people are ever going to have a free society, then we're going to have to stand and defend our own rights.
[32:14.000 --> 32:21.000]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity, and most importantly, the right to due process of law.
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[33:05.000 --> 33:16.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:16.000 --> 33:43.000]  Okay, we are back.
[33:43.000 --> 33:50.000]  Randy Kelton, Steve Skidmore, Rule of Law Radio, and I apologize for getting off topic a little bit.
[33:50.000 --> 33:54.000]  I have been struggling with my technology.
[33:54.000 --> 34:01.000]  I've been struggling to be more succinct and to the point.
[34:01.000 --> 34:06.000]  And my bad, I lost the point for a moment there.
[34:06.000 --> 34:09.000]  The whole point was everything's political.
[34:09.000 --> 34:16.000]  Now with these lawyers, with Mackie having been sued and ruled against in the court,
[34:16.000 --> 34:22.000]  it's in the Court of Appeals, but Mackie didn't give the Court of Appeals anything to work with,
[34:22.000 --> 34:27.000]  so very likely this particular ruling is going to be upheld,
[34:27.000 --> 34:33.000]  because if the Court of Appeals overturns this ruling and says that lawyers can't file fraudulent documents,
[34:33.000 --> 34:39.000]  it will create an incredible ripple effect through jurisprudence in Texas.
[34:39.000 --> 34:43.000]  So they're likely to rule against him, but even if they don't.
[34:43.000 --> 34:50.000]  Now the lawyer in Spain, we're talking primarily a foreclosure case here,
[34:50.000 --> 34:58.000]  he gets all these documentation from the bank, and the bank wants him to foreclose on this property.
[34:58.000 --> 35:06.000]  The court's got to look at it and say, what if someone can show that one of these documents are not proper?
[35:06.000 --> 35:12.000]  And 99% of the cases I look at, they have documents in there that are not proper.
[35:12.000 --> 35:20.000]  Now this guy can come back and sue me if I come in and adjudicate this particular issue based on this document.
[35:20.000 --> 35:23.000]  That's politics.
[35:23.000 --> 35:32.000]  And one of the things that you do if you directly attack the lawyer,
[35:32.000 --> 35:37.000]  it's kind of like if I have you hold your hand up with your palm out,
[35:37.000 --> 35:44.000]  I hold my hand up with my palm out and put it against yours and I push, you will automatically push back.
[35:44.000 --> 35:50.000]  It's just an instant. If you push the lawyer, he'll push back.
[35:50.000 --> 35:59.000]  But if you simply give the lawyer notice that a problem is brewing that could be a problem for him,
[35:59.000 --> 36:04.000]  then he knows that you know about the ruling.
[36:04.000 --> 36:11.000]  But you haven't told him directly, so he doesn't have to lose space.
[36:11.000 --> 36:16.000]  He can alter his position without feeling as though he's backed in a corner.
[36:16.000 --> 36:20.000]  What you do is you give him plausible deniability.
[36:20.000 --> 36:24.000]  So make up all of the claims you can.
[36:24.000 --> 36:28.000]  And even if the claim looks ugly, if you make the claim,
[36:28.000 --> 36:37.000]  make it in a way that doesn't have the appearance of being intentionally derogatory.
[36:37.000 --> 36:46.000]  Keep it civil, put as much as you can in there and use what you put in the case for political leverage.
[36:46.000 --> 36:58.000]  And the first thing you should do after you file a suit is petition the judge to order mediation
[36:58.000 --> 37:05.000]  because you want the other side to be able to come to the table and not lose face.
[37:05.000 --> 37:13.000]  If you ask the judge to order mediation, and he does, this puts the other lawyer on the dime.
[37:13.000 --> 37:25.000]  As judges are very busy, they sit here all day, every day, and hear the same arguments over and over, and it gets old.
[37:25.000 --> 37:34.000]  And with the foreclosure crunch, their dockets are stuffed full of these cases they'd rather not be hearing.
[37:34.000 --> 37:41.000]  And when a client comes in or a litigant comes in and pushes for mediation,
[37:41.000 --> 37:51.000]  and the lawyers on the other side do not be mediated in good faith, the judge is not going to be a happy camper
[37:51.000 --> 37:59.000]  because the judge really wants the two parties to work their differences out outside of his court.
[37:59.000 --> 38:05.000]  This creates politics. Everything is political.
[38:05.000 --> 38:11.000]  Take a look at how courts are adjudicating these cases. Who's getting hammered for what?
[38:11.000 --> 38:19.000]  Pick the things that are current, that have been ruled in your favor in other courts, and argue those issues.
[38:19.000 --> 38:27.000]  But in the end, always keep in mind the judge is going to rule based on the politics,
[38:27.000 --> 38:31.000]  and a lot of times it doesn't matter if he intends to or not.
[38:31.000 --> 38:37.000]  The pressures that are on him will lead him to rule in a certain way.
[38:37.000 --> 38:45.000]  Pay attention to the judge that you get. You might go sit in the courtroom and watch the judge that you're going to come before.
[38:45.000 --> 38:49.000]  You want to know what annoys him and what doesn't.
[38:49.000 --> 38:54.000]  Yeah, no, it shouldn't make any difference if the judge is annoyed or not.
[38:54.000 --> 38:58.000]  He has a job to do. It's his job to determine the facts in accordance with the rules of evidence,
[38:58.000 --> 39:02.000]  then apply the facts to the law as it comes to him in the case.
[39:02.000 --> 39:08.000]  Okay, that's nice high-minded rhetoric. But in the real world, the judge is a human being,
[39:08.000 --> 39:19.000]  and if we understand what kind of human being he is, we can give him more room to give us a fair and just ruling.
[39:19.000 --> 39:22.000]  Okay, that's all I'm going to say about that. The calls are stacking up,
[39:22.000 --> 39:28.000]  so I'm going to go ahead and start taking calls. We're going to go to Andrew in Pennsylvania.
[39:28.000 --> 39:32.000]  Hello, Andrew. What do you have for us today?
[39:32.000 --> 39:35.000]  Randy, not that long ago when I called into the show,
[39:35.000 --> 39:42.000]  you told me about how Pennsylvania has a unique procedure in which the prosecutor has prosecutorial discretion in Pennsylvania,
[39:42.000 --> 39:46.000]  and Pennsylvania is the only state where the citizen has standing,
[39:46.000 --> 39:54.000]  meaning you can appeal a prosecution attorney's decision not to prosecute to the PA Court of Common Pleas.
[39:54.000 --> 40:00.000]  There's a couple of things I just want to clear up about this. Let me see that.
[40:00.000 --> 40:06.000]  In my notes here, you complained that the prosecutor did not exercise prosecutorial discretion,
[40:06.000 --> 40:11.000]  but instead exercised prosecutorial caprice, which is not an authority he has,
[40:11.000 --> 40:16.000]  as he denied who he wanted to and not wanted to prosecute,
[40:16.000 --> 40:23.000]  rather than if there was sufficient evidence that the crime was committed and the accused had committed the crime.
[40:23.000 --> 40:30.000]  So you charged the prosecutor with shielding from prosecution, official misconducts,
[40:30.000 --> 40:36.000]  with the attorney general who has prosecutorial powers and prosecutorial duty.
[40:36.000 --> 40:41.000]  And if he refuses to actually report to the PA Court of Common Pleas,
[40:41.000 --> 40:45.000]  and if they don't appeal, then you can take her appeal to the United States Supreme Court.
[40:45.000 --> 40:53.000]  No, no, no, not the United States. You can take it to the state supreme.
[40:53.000 --> 41:00.000]  These are criminal complaints, and the jurisdiction on a criminal complaint stays within the state.
[41:00.000 --> 41:12.000]  But the responses from the state supreme to pro se litigants that I have seen were absolutely incredible.
[41:12.000 --> 41:19.000]  I was really pleased with the Pennsylvania Supreme Court.
[41:19.000 --> 41:23.000]  Anyway, go ahead. I'm sorry I interrupted.
[41:23.000 --> 41:30.000]  It's all right. I think I'm a little confused about here. When do you report to the Pennsylvania Supreme Court?
[41:30.000 --> 41:36.000]  Actually, before I mentioned that, I did talk to Eddie Craig about this, because the whole red light camera issue,
[41:36.000 --> 41:41.000]  I figured I might as well talk to him about that, because the red light camera is in Abington Township, Pennsylvania.
[41:41.000 --> 41:48.000]  I lectured to the township about how they are legal and everything, but they decided to ignore my lecture,
[41:48.000 --> 41:53.000]  and they even wrote that in the newspaper article, so I can prove they ignored that through the newspaper article.
[41:53.000 --> 42:02.000]  I talked to Eddie about that, and he told me, well, you do have to study Pennsylvania law to some extent for the proper procedure to do this.
[42:02.000 --> 42:08.000]  I was a little confused about when you are supposed to report to the Pennsylvania Supreme Court.
[42:08.000 --> 42:25.000]  Is it after you report the prosecution attorney, after he does not act, or do you wait to the—or let me just see here.
[42:25.000 --> 42:34.000]  Oh, yeah, and then you report into the Court of Common Pleas, and if the Court of Common Pleas does not act, then you go to the Supreme Court.
[42:34.000 --> 42:39.000]  No, no, no, you follow the standard appeal appellate procedure.
[42:39.000 --> 42:44.000]  From the Court of Common Pleas, that's a lower court.
[42:44.000 --> 42:53.000]  In Texas, our lowest court is a JP court, and that court is appealed to the county court.
[42:53.000 --> 42:57.000]  I'm not sure how it works in Pennsylvania.
[42:57.000 --> 43:06.000]  If the Court of Common Pleas is a court of record, which I believe it is, then you would appeal to the Court of Appeals.
[43:06.000 --> 43:12.000]  And if the Court of Appeals failed to act, then you appeal to the Supreme.
[43:12.000 --> 43:16.000]  Okay, thanks.
[43:16.000 --> 43:22.000]  One other thing I was a little confused about here, the thing about considering a tort letter,
[43:22.000 --> 43:31.000]  Eddie also told me, I can't imagine how you could not file a tort letter unless you caused—unless some harm was caused to you.
[43:31.000 --> 43:37.000]  I have not received a red light camera letter, but there are obviously other people who have received them,
[43:37.000 --> 43:47.000]  and you told me that I should maybe do an information request for who got cited, and is there any way that after I do that I could file a tort letter, or do I actually need—
[43:47.000 --> 43:50.000]  No, no, hold on. We'll pick this up on the—
[43:50.000 --> 44:00.000]  This is Randy Kelton, Steve Skidmore, Wheelbarrow Radio. I call it number 512-646-1984. We'll be right back.
[44:00.000 --> 44:06.000]  Hello, my name is Stuart Smith from naturespureorganics.com,
[44:06.000 --> 44:12.000]  and I would like to invite you to come by our store at 9204 Guadalupe Street, Sweet D, here in Austin, Texas.
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[46:22.000 --> 46:35.000]  Okay, we are back. Randy Kelton, Steve Skidmore, Rule Blah Radio.
[46:35.000 --> 46:39.000]  Steve's running a little late tonight, but he should show up soon.
[46:39.000 --> 46:45.000]  Apparently there was a wreck in front of him, and he's stuck out there in Austin traffic.
[46:45.000 --> 46:59.000]  We're talking to Andrew in Pennsylvania, and the problem is if you haven't received a red light ticket is you don't have standing.
[46:59.000 --> 47:06.000]  You can't go to the court complaining that something is wrong.
[47:06.000 --> 47:13.000]  The courts have held that you may only bring a controversy.
[47:13.000 --> 47:27.000]  So in order to have standing, you must be able to show that you have been harmed and that you asked the court to grant you remedy.
[47:27.000 --> 47:30.000]  Does that make sense, Andrew?
[47:30.000 --> 47:37.000]  Yeah, and as Eddie told me, the fact that you have video of yourself lecturing to the township
[47:37.000 --> 47:44.000]  and the fact that you have a newspaper article that shows that they decided to ignore your lecture and break the law anyway does not help.
[47:44.000 --> 47:49.000]  He said you can lecture to the squirrels in the park, and it won't change the way how they gather nuts and all that.
[47:49.000 --> 47:57.000]  I mean, the point he was trying to make is it's not like that you can't say, well, I fell in the emotional arm because I talked to them about the law,
[47:57.000 --> 48:05.000]  and they decided not to obey it, and here's the newspaper article that proves that there's no way to win a case using that kind of argument, right?
[48:05.000 --> 48:15.000]  Okay, you can't win a civil case that way, but criminal is a special subset of civil.
[48:15.000 --> 48:28.000]  And in Pennsylvania, unlike everywhere else, you know, everywhere else, I can go in and give notice to the state that a crime has been committed.
[48:28.000 --> 48:36.000]  But that's my duty. Once my duty is done, I have no standing to move further.
[48:36.000 --> 48:49.000]  You, on the other hand, have standing. So if your prosecutor doesn't act properly, now you're harmed.
[48:49.000 --> 49:02.000]  Now you can move against them, and you're only harmed in that your public servant failed to perform his duty,
[49:02.000 --> 49:09.000]  and your remedy against the public servant is to pursue criminal prosecution.
[49:09.000 --> 49:20.000]  And as concerns the public servants, this is a much bigger deal because when you start filing criminal charges against these public officials,
[49:20.000 --> 49:28.000]  they are going to act like, oh, they don't care. It don't make any difference. It really does make a difference.
[49:28.000 --> 49:36.000]  It gets these guys hopping. If we're going to change things, that's where we're likely to change it.
[49:36.000 --> 49:46.000]  If you ever go to Johnson County, Texas, and you file a complaint against a public official with the Sheriff's Department, Johnson County,
[49:46.000 --> 49:55.000]  they are not going to mess around with that complaint. They are going to get right on it, and they're going to investigate it immediately.
[49:55.000 --> 50:04.000]  And the reason they're going to do that is I went to Johnson County and literally set them up from the start.
[50:04.000 --> 50:13.000]  I went to the county jail and asked to see the morning hearings that they hold, and they wouldn't let me see the hearings.
[50:13.000 --> 50:21.000]  Well, I knew they wouldn't. The lieutenant they finally sent out to talk to me, he was really good.
[50:21.000 --> 50:27.000]  He was smart because he knew I was planning something, I was setting them up for something, and he didn't know what it was.
[50:27.000 --> 50:35.000]  He asked me, you mind if I ask why you want to see this hearing? And I told him, no, I don't mind to ask.
[50:35.000 --> 50:39.000]  And he stood there looking at me for a minute like he wanted to slap me.
[50:39.000 --> 50:47.000]  Then he said, well, okay, Mr. Kelton, why do you want to see this hearing? Entertainment.
[50:47.000 --> 50:52.000]  And he said, entertainment. Yeah, entertainment. This is my form of entertainment.
[50:52.000 --> 50:57.000]  So he stood there looking at me with this look that said, so you're not going to tell me.
[50:57.000 --> 51:00.000]  And I gave him one back that said, no, I'm not.
[51:00.000 --> 51:09.000]  My real reason was if I watched the hearing, I would file felony charges against the judge.
[51:09.000 --> 51:15.000]  If the judge did not let me watch the hearing, I'd file misdemeanor charges against the judge
[51:15.000 --> 51:22.000]  because I knew she would do the hearing wrong because she did it according to policy.
[51:22.000 --> 51:24.000]  But I didn't tell him that.
[51:24.000 --> 51:29.000]  And when they refused to let me observe the hearing,
[51:29.000 --> 51:38.000]  then I prepared criminal charges against the justice of the peace and filed that with, in this case, I went straight to the district attorney with it.
[51:38.000 --> 51:41.000]  And the district attorney refused to give it to the grand jury.
[51:41.000 --> 51:47.000]  So I came back to the district attorney with criminal complaints against the district attorney
[51:47.000 --> 51:51.000]  for shielding these criminal complaints from the grand jury.
[51:51.000 --> 51:56.000]  And I wound up kind of bypassing the district attorney.
[51:56.000 --> 51:58.000]  I won't go into the whole story.
[51:58.000 --> 52:03.000]  But I actually presented those complaints to the district attorney myself.
[52:03.000 --> 52:07.000]  And the former of the grand jury was simply irate.
[52:07.000 --> 52:12.000]  He wanted to know what acts I had to grind against the district attorney.
[52:12.000 --> 52:15.000]  I said, I don't have any acts to grind against him.
[52:15.000 --> 52:19.000]  He's never prosecuted me, never prosecuted anybody I know.
[52:19.000 --> 52:21.000]  Well, then why are you here?
[52:21.000 --> 52:26.000]  I said, well, he didn't follow law.
[52:26.000 --> 52:29.000]  But if you didn't want him prosecuted, why did you come here to us?
[52:29.000 --> 52:36.000]  I said, well, what he said was if you didn't want him prosecuted, why are you here?
[52:36.000 --> 52:40.000]  And I said, because I am here.
[52:40.000 --> 52:47.000]  And he's out there wondering if you're going to end his career tomorrow.
[52:47.000 --> 52:51.000]  And that's something over which he has no power whatsoever.
[52:51.000 --> 52:54.000]  That's all I need.
[52:54.000 --> 52:58.000]  All I want from him is for him to follow law.
[52:58.000 --> 53:03.000]  You, on the other hand, you have a duty to read my complaint.
[53:03.000 --> 53:07.000]  And if I have presented information sufficient to give you reason to believe,
[53:07.000 --> 53:13.000]  or to give a reasonable person of ordinary prudence cause to believe that a crime has been committed
[53:13.000 --> 53:17.000]  and he committed it, you have a duty to indict.
[53:17.000 --> 53:20.000]  I'm glad that's you and not me.
[53:20.000 --> 53:24.000]  Well, they didn't indict him.
[53:24.000 --> 53:29.000]  But he doesn't ever want to have that happen to him again.
[53:29.000 --> 53:33.000]  Now, nobody ever said a word to me.
[53:33.000 --> 53:37.000]  But a friend of mine went down and filed a complaint against the clerk
[53:37.000 --> 53:42.000]  because the clerk wouldn't take some documents that he went to file in the court.
[53:42.000 --> 53:44.000]  So he went straight to the sheriff's department.
[53:44.000 --> 53:46.000]  He called me and I told him go file a complaint with the sheriff's department.
[53:46.000 --> 53:49.000]  He did.
[53:49.000 --> 53:50.000]  They gave him a lieutenant.
[53:50.000 --> 53:53.000]  The lieutenant took his complaint, picked up the phone right there,
[53:53.000 --> 53:57.000]  called the clerk and told him he wanted to talk to her, that he had a complaint here,
[53:57.000 --> 53:59.000]  he wanted to come down and discuss it.
[53:59.000 --> 54:02.000]  He hung up and said we will look into it.
[54:02.000 --> 54:05.000]  Eight o'clock the next morning, the clerk was calling him,
[54:05.000 --> 54:07.000]  telling him that they had made a mistake.
[54:07.000 --> 54:12.000]  Will you please come down and file those documents?
[54:12.000 --> 54:21.000]  When what we do works, they never ever want us to know.
[54:21.000 --> 54:25.000]  It's the politics.
[54:25.000 --> 54:32.000]  The last thing they want us to know is what they're doing affects them
[54:32.000 --> 54:34.000]  because they don't want us to keep doing it.
[54:34.000 --> 54:37.000]  So they're never going to tell us.
[54:37.000 --> 54:40.000]  If we get in a fight and I've got a bruised shoulder,
[54:40.000 --> 54:42.000]  I'm not going to say you see this spot right here?
[54:42.000 --> 54:44.000]  That's really sore.
[54:44.000 --> 54:45.000]  Don't hit me there.
[54:45.000 --> 54:49.000]  I'm going to hold that shoulder up in front of you.
[54:49.000 --> 54:50.000]  That's what they will do.
[54:50.000 --> 54:56.000]  So when you start walking them through the system,
[54:56.000 --> 55:01.000]  they will very quickly realize that you set them up.
[55:01.000 --> 55:07.000]  That prosecutor, when he elects not to prosecute
[55:07.000 --> 55:10.000]  and you file with the attorney general,
[55:10.000 --> 55:15.000]  he's going to think that scoundrel set me up for that.
[55:15.000 --> 55:18.000]  Yeah, as a matter of fact, you did.
[55:18.000 --> 55:21.000]  That's what's going to make him unhappy.
[55:21.000 --> 55:25.000]  That's what's going to put him in a political position
[55:25.000 --> 55:29.000]  because when you subsequently file against the attorney general
[55:29.000 --> 55:33.000]  for protecting the district attorney,
[55:33.000 --> 55:37.000]  the attorney general is going to be one unhappy camper
[55:37.000 --> 55:40.000]  because he knows that that same scoundrel
[55:40.000 --> 55:44.000]  that filed these criminal complaints against me
[55:44.000 --> 55:48.000]  is going to understand the third rule.
[55:48.000 --> 55:52.000]  Perception is everything.
[55:52.000 --> 55:54.000]  And when I run for office next time,
[55:54.000 --> 55:58.000]  he's likely to send this to my opponent
[55:58.000 --> 56:00.000]  and my opponent is going to ask me,
[56:00.000 --> 56:04.000]  why are citizens having to file criminal charges against you?
[56:04.000 --> 56:06.000]  And he's going to say, oh well,
[56:06.000 --> 56:11.000]  those complaints were frivolous and bogus.
[56:11.000 --> 56:16.000]  Problem, perception is everything.
[56:16.000 --> 56:17.000]  He knows it.
[56:17.000 --> 56:22.000]  He understands the political liability that places on him.
[56:22.000 --> 56:27.000]  He's going to be burning up the phone lines to the prosecutor.
[56:27.000 --> 56:31.000]  And you probably won't get a win on this one,
[56:31.000 --> 56:33.000]  but you may on the next one.
[56:33.000 --> 56:36.000]  Does that make sense, Sander?
[56:36.000 --> 56:39.000]  Yes, and Eddie did suggest that I should have someone use my car
[56:39.000 --> 56:41.000]  to run a red light and I get to take it.
[56:41.000 --> 56:43.000]  It's better than I do it myself.
[56:43.000 --> 56:45.000]  But one more quick point or just for clarification,
[56:45.000 --> 56:47.000]  because last time I spoke to you about this,
[56:47.000 --> 56:50.000]  you did mention the phrase United States Supreme Court
[56:50.000 --> 56:52.000]  when you said you eventually take the appeal process
[56:52.000 --> 56:54.000]  all the way to the U.S. Supreme Court,
[56:54.000 --> 56:56.000]  but now earlier you said no, no, no, maybe I...
[56:56.000 --> 56:57.000]  No, no, no, no.
[56:57.000 --> 56:59.000]  That is not a mistake I would make.
[56:59.000 --> 57:05.000]  We may have misunderstood, but I said the Supreme Court,
[57:05.000 --> 57:08.000]  but not the federal Supreme Court,
[57:08.000 --> 57:10.000]  the state Supreme Court.
[57:10.000 --> 57:13.000]  And I apologize if I miscommunicated that.
[57:13.000 --> 57:16.000]  A civil action you may be able to appeal up
[57:16.000 --> 57:20.000]  or a due process violation,
[57:20.000 --> 57:25.000]  because a due process violation in a civil suit,
[57:25.000 --> 57:28.000]  like a Brady action.
[57:28.000 --> 57:35.000]  But a criminal action, that's purely in the state.
[57:35.000 --> 57:42.000]  When Terry McVeigh blew up the J.P. Murrow building,
[57:42.000 --> 57:46.000]  that was a state issue.
[57:46.000 --> 57:49.000]  I'm sorry, he killed since he was federal officer,
[57:49.000 --> 57:54.000]  but he was required to be prosecuted in the state.
[57:54.000 --> 57:58.000]  It's now a federal crime to blow up a federal building,
[57:58.000 --> 58:01.000]  to kill a federal judge or to kill the president.
[58:01.000 --> 58:04.000]  But when Kennedy was shot in Texas, it was a state crime.
[58:04.000 --> 58:06.000]  The feds had nothing to do with it,
[58:06.000 --> 58:08.000]  and the sheriff threw the feds out,
[58:08.000 --> 58:15.000]  because it was criminal, strictly state in the state.
[58:15.000 --> 58:17.000]  Does that kind of clarify things?
[58:17.000 --> 58:19.000]  Is there any other questions that you have?
[58:19.000 --> 58:20.000]  No, that's it.
[58:20.000 --> 58:21.000]  Move on to the next caller.
[58:21.000 --> 58:22.000]  Thank you for everything.
[58:22.000 --> 58:24.000]  Okay, thanks a lot, Andrew.
[58:24.000 --> 58:27.000]  Okay, this is Randy Kelton, Steve Skidmore,
[58:27.000 --> 58:28.000]  Rule of Law Radio.
[58:28.000 --> 58:33.000]  Our call-in number, 512-646-1984.
[58:33.000 --> 58:36.000]  Danny, Francis, Natalie, I see you there.
[58:36.000 --> 58:39.000]  We will take your calls when we get back on the other side.
[58:39.000 --> 58:43.000]  If you have questions or comments, this is a four-hour show,
[58:43.000 --> 58:45.000]  and we'll be taking calls all night,
[58:45.000 --> 58:50.000]  so give us a call, get in line, and we'll be right back.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
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[59:13.000 --> 59:16.000]  The free books are a three-volume set called
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[01:00:00.000 --> 01:00:06.000]  This is the Liberty Beat, your daily source for Liberty news
[01:00:06.000 --> 01:00:09.000]  and activist updates, online at thelibertybeat.com.
[01:00:09.000 --> 01:00:13.000]  I'm Brian Hagan with your Liberty Beat for Friday, September 26, 2014.
[01:00:13.000 --> 01:00:18.000]  Gold opened today at $1,212, silver opened at $17.52,
[01:00:18.000 --> 01:00:21.000]  and bitcoin is trading around $399.
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[01:00:24.000 --> 01:00:27.000]  the fastest and most reliable way to buy bitcoin.
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[01:00:30.000 --> 01:00:32.000]  Support for the Liberty Beat comes from the Michael Cargill
[01:00:32.000 --> 01:00:34.000]  for Austin City Council District 1 campaign.
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[01:00:37.000 --> 01:00:41.000]  Learn more or sign up to volunteer at cargillfortexas.com.
[01:00:41.000 --> 01:00:43.000]  Political advertisement paid for by the Michael Cargill
[01:00:43.000 --> 01:00:45.000]  for Austin City Council District 1 campaign.
[01:00:45.000 --> 01:00:48.000]  In the news today, two days before Attorney General Eric Holder
[01:00:48.000 --> 01:00:52.000]  announced his resignation, U.S. District Court Judge John D. Bates
[01:00:52.000 --> 01:00:56.000]  ruled that the Department of Justice must release details on documents
[01:00:56.000 --> 01:00:59.000]  related to Operation Fast and Furious.
[01:00:59.000 --> 01:01:01.000]  Judge Bates ruled that the Department of Justice
[01:01:01.000 --> 01:01:05.000]  must submit the materials sought by the watchdog group Judicial Watch
[01:01:05.000 --> 01:01:07.000]  no later than October 22.
[01:01:07.000 --> 01:01:13.000]  The judge called the government's request for more time unconvincing.
[01:01:13.000 --> 01:01:17.000]  The FBI director on Thursday criticized the decision by Apple and Google
[01:01:17.000 --> 01:01:21.000]  to encrypt smartphone data so it can be inaccessible to law enforcement
[01:01:21.000 --> 01:01:23.000]  even with a court order.
[01:01:23.000 --> 01:01:25.000]  James Comey told reporters at FBI headquarters
[01:01:25.000 --> 01:01:28.000]  that U.S. officials were in talks with the two companies,
[01:01:28.000 --> 01:01:30.000]  which he accused of marketing products that would let people
[01:01:30.000 --> 01:01:32.000]  put themselves beyond the law's reach.
[01:01:32.000 --> 01:01:35.000]  While law enforcement is obviously perturbed that they will no longer
[01:01:35.000 --> 01:01:38.000]  be able to legally or illegally intercept people's data,
[01:01:38.000 --> 01:01:41.000]  privacy advocates are heralding the moves by the cell phone giants
[01:01:41.000 --> 01:01:46.000]  as an important step in the right direction.
[01:01:46.000 --> 01:01:48.000]  Hundreds of speeding tickets written by four disgraced
[01:01:48.000 --> 01:01:51.000]  Houston Police Department officers were dismissed
[01:01:51.000 --> 01:01:54.000]  after their ticket falsification scheme was exposed.
[01:01:54.000 --> 01:01:57.000]  Randy Zamora, chief of the Criminal Law Division
[01:01:57.000 --> 01:01:59.000]  for the City of Houston Legal Department,
[01:01:59.000 --> 01:02:01.000]  said it was in the interest of justice
[01:02:01.000 --> 01:02:04.000]  and simply the right thing to do, to dismiss the tickets.
[01:02:04.000 --> 01:02:07.000]  The I-Team of KHOU in Houston first revealed that officers
[01:02:07.000 --> 01:02:11.000]  Rudolph Barrios, John Garcia, Robert Manzanellis, and Gregory Rosa
[01:02:11.000 --> 01:02:14.000]  were listing each other as witnesses for speeding violations,
[01:02:14.000 --> 01:02:17.000]  despite the officers not being present.
[01:02:17.000 --> 01:02:20.000]  The Gang of Four were allegedly seeking to collect more overtime pay
[01:02:20.000 --> 01:02:22.000]  for court appearances.
[01:02:22.000 --> 01:02:24.000]  Support for Liberty Beat comes from Cabo Bobs,
[01:02:24.000 --> 01:02:28.000]  southwestern-style burritos, now with two locations in Austin,
[01:02:28.000 --> 01:02:32.000]  500 East Bin Wyche Boulevard and 2828 Rio Grande Boulevard.
[01:02:32.000 --> 01:02:34.000]  Find them online at cabobobs.com.
[01:02:34.000 --> 01:02:36.000]  And support also comes from Sovereign Living.
[01:02:36.000 --> 01:02:40.000]  A podcast, blog, and reality show about what it takes
[01:02:40.000 --> 01:02:42.000]  to live a voluntary and natural life.
[01:02:42.000 --> 01:02:44.000]  Check out the blog at sovereignliving.com
[01:02:44.000 --> 01:02:47.000]  and watch episode one of the soon-to-be-released reality show
[01:02:47.000 --> 01:02:49.000]  at sovereignliving.tv.
[01:02:49.000 --> 01:02:53.000]  This is the Liberty Beat for Friday, September 26, 2014.
[01:02:53.000 --> 01:02:56.000]  Check out the website at thelibertybeat.com
[01:02:56.000 --> 01:03:00.000]  and like us on Facebook, facebook.com, The Liberty Beat.
[01:03:00.000 --> 01:03:12.000]  It's all according to the will of the Almighty
[01:03:12.000 --> 01:03:19.000]  I read his book and he says he cares not for the unsightly
[01:03:19.000 --> 01:03:28.000]  These warm-hearted come by that term rightly
[01:03:28.000 --> 01:03:31.000]  I won't pay for the war with my body
[01:03:31.000 --> 01:03:35.000]  Ain't gonna pay for the car with my money
[01:03:35.000 --> 01:03:38.000]  I won't pay for the fun with my body
[01:03:38.000 --> 01:03:42.000]  Cause that man's wicked and that logic's shoddy
[01:03:42.000 --> 01:03:44.000]  Ain't gonna pay for the war with my body
[01:03:44.000 --> 01:03:45.000]  Okay, we are back.
[01:03:45.000 --> 01:03:49.000]  Randy Kelton, Steve Skidmore, and Mr. Skidmore has joined us.
[01:03:49.000 --> 01:03:51.000]  Yes, I have.
[01:03:51.000 --> 01:03:56.000]  He has returned from the most dangerous arena of human endeavor.
[01:03:56.000 --> 01:03:59.000]  35, Austin, Texas.
[01:03:59.000 --> 01:04:01.000]  Public thoroughfares.
[01:04:01.000 --> 01:04:02.000]  Yes.
[01:04:02.000 --> 01:04:03.000]  Okay.
[01:04:03.000 --> 01:04:05.000]  There was a nasty pile up.
[01:04:05.000 --> 01:04:08.000]  If anybody's familiar with the Austin area there,
[01:04:08.000 --> 01:04:11.000]  northbound 35 just as you come out of downtown
[01:04:11.000 --> 01:04:14.000]  where there's a, where the upper and lower decks
[01:04:14.000 --> 01:04:16.000]  join back into one highway.
[01:04:16.000 --> 01:04:19.000]  There was a nasty wreck right there at the V
[01:04:19.000 --> 01:04:22.000]  where they come together and it had traffic backed up for,
[01:04:22.000 --> 01:04:26.000]  oh God, to a pewter.
[01:04:26.000 --> 01:04:28.000]  Yeah.
[01:04:28.000 --> 01:04:32.000]  Turned a 45 minute trek into two and a quarter hours.
[01:04:32.000 --> 01:04:34.000]  Yep.
[01:04:34.000 --> 01:04:37.000]  Austin is a lot of Austin traffic.
[01:04:37.000 --> 01:04:42.000]  I-35 is the NAFTA superhighway.
[01:04:42.000 --> 01:04:43.000]  Yes.
[01:04:43.000 --> 01:04:48.000]  And that thing is incredibly busy.
[01:04:48.000 --> 01:04:51.000]  So it all clogs up in Austin.
[01:04:51.000 --> 01:04:53.000]  Austin really gets heavy traffic.
[01:04:53.000 --> 01:04:56.000]  Traffic through Austin is always pretty heavy,
[01:04:56.000 --> 01:04:58.000]  but especially rush hours.
[01:04:58.000 --> 01:05:02.000]  I'm glad I don't have to drive through it.
[01:05:02.000 --> 01:05:03.000]  Okay.
[01:05:03.000 --> 01:05:05.000]  We are going to go to Danny in Tennessee.
[01:05:05.000 --> 01:05:08.000]  Hello, Danny.
[01:05:08.000 --> 01:05:10.000]  Well, hey, how are y'all doing tonight?
[01:05:10.000 --> 01:05:12.000]  Doing good.
[01:05:12.000 --> 01:05:14.000]  You're on the highway.
[01:05:14.000 --> 01:05:15.000]  I'm doing better than Steve.
[01:05:15.000 --> 01:05:19.000]  I wasn't sitting out in that traffic.
[01:05:19.000 --> 01:05:25.000]  I sent both of y'all an email with a document attached
[01:05:25.000 --> 01:05:30.000]  and thought maybe talk about some of the things in that.
[01:05:30.000 --> 01:05:31.000]  Okay.
[01:05:31.000 --> 01:05:35.000]  I did not get a chance to read it.
[01:05:35.000 --> 01:05:38.000]  I'm in the process of doing,
[01:05:38.000 --> 01:05:43.000]  I've been building some really large spreadsheets.
[01:05:43.000 --> 01:05:48.000]  And if anybody has done spreadsheets,
[01:05:48.000 --> 01:05:52.000]  they know how, especially formulas in spreadsheets,
[01:05:52.000 --> 01:05:55.000]  how frustrating that can get.
[01:05:55.000 --> 01:05:57.000]  I will pull yours up.
[01:05:57.000 --> 01:06:05.000]  I see in the notes that you wanted to talk about summary judgment.
[01:06:05.000 --> 01:06:09.000]  Yeah, that's what it's related to.
[01:06:09.000 --> 01:06:10.000]  Okay.
[01:06:10.000 --> 01:06:14.000]  You want to tell us about it while I look up your document?
[01:06:14.000 --> 01:06:20.000]  Well, it's just an affidavit in there.
[01:06:20.000 --> 01:06:25.000]  And I've found some things that makes me think that it's a false name
[01:06:25.000 --> 01:06:28.000]  being used in the affidavit.
[01:06:28.000 --> 01:06:30.000]  It's an alias for somebody else.
[01:06:30.000 --> 01:06:36.000]  Right now I've got an investigator putting together a report on it
[01:06:36.000 --> 01:06:38.000]  to find out for sure.
[01:06:38.000 --> 01:06:45.000]  But the only worry I had was that it's maybe a newer married thing.
[01:06:45.000 --> 01:06:47.000]  It could be a problem.
[01:06:47.000 --> 01:06:49.000]  But lots of things...
[01:06:49.000 --> 01:06:50.000]  Okay.
[01:06:50.000 --> 01:06:51.000]  Wait a minute.
[01:06:51.000 --> 01:06:53.000]  You're being really, really cryptic.
[01:06:53.000 --> 01:06:57.000]  What is the nature of the document?
[01:06:57.000 --> 01:07:00.000]  Affidavit or declaration.
[01:07:00.000 --> 01:07:01.000]  I mean, no.
[01:07:01.000 --> 01:07:04.000]  What does it go to?
[01:07:04.000 --> 01:07:13.000]  Okay, it's the one supposedly like certifying their evidence exhibits.
[01:07:13.000 --> 01:07:19.000]  Is this the declaration of Sheriff Prawl?
[01:07:19.000 --> 01:07:25.000]  Yeah, that's not quite the name, but yeah, that's the one I'm talking about.
[01:07:25.000 --> 01:07:26.000]  Okay.
[01:07:26.000 --> 01:07:35.000]  National Court of State of Tennessee, Madison County, Jackson, declaration of Sheriff Prawl.
[01:07:35.000 --> 01:07:37.000]  Okay.
[01:07:37.000 --> 01:07:45.000]  What is bogus about this affidavit?
[01:07:45.000 --> 01:07:48.000]  Well, I think that name is...
[01:07:48.000 --> 01:07:50.000]  Oh.
[01:07:50.000 --> 01:07:51.000]  Oh, I'm sorry.
[01:07:51.000 --> 01:07:52.000]  That doesn't say Sheriff.
[01:07:52.000 --> 01:07:55.000]  That says Sherry.
[01:07:55.000 --> 01:08:01.000]  So you've had a private investigator look up the name?
[01:08:01.000 --> 01:08:02.000]  Yeah, I had one doing it.
[01:08:02.000 --> 01:08:09.000]  I did some looking on my own, but found so few records that made me suspicious.
[01:08:09.000 --> 01:08:11.000]  And so I've got one working on it now.
[01:08:11.000 --> 01:08:14.000]  As a matter of fact, I got one that sent me some stuff,
[01:08:14.000 --> 01:08:19.000]  but wouldn't ever do an affidavit that I could put in the court.
[01:08:19.000 --> 01:08:25.000]  That information that came up with saying found no driver's license information with that,
[01:08:25.000 --> 01:08:32.000]  no current vehicle registration in that name, no past vehicle registration in that name.
[01:08:32.000 --> 01:08:41.000]  Yeah, from the conversation we had earlier this week, this person just barely exists.
[01:08:41.000 --> 01:08:49.000]  Did you request evidence of, I'm sorry, search the evidence of power of attorney,
[01:08:49.000 --> 01:08:55.000]  but she filed in her own right, who did she claim?
[01:08:55.000 --> 01:08:56.000]  Who did she claim?
[01:08:56.000 --> 01:08:58.000]  Champion Mortgage Company.
[01:08:58.000 --> 01:09:03.000]  Does Champion Mortgage Company still exist?
[01:09:03.000 --> 01:09:05.000]  Yes.
[01:09:05.000 --> 01:09:13.000]  Did you request employment records for Sherry Prawl from Champion Mortgage Company?
[01:09:13.000 --> 01:09:16.000]  Well, not yet.
[01:09:16.000 --> 01:09:21.000]  Is it Champion Mortgage Company that's your adversary?
[01:09:21.000 --> 01:09:23.000]  The one I'm in court with.
[01:09:23.000 --> 01:09:24.000]  Right.
[01:09:24.000 --> 01:09:26.000]  Okay.
[01:09:26.000 --> 01:09:36.000]  Danny Murphy versus Nation Star Mortgage, Champion Mortgage, CompuLink Corporation,
[01:09:36.000 --> 01:09:40.000]  doing business as CL Link.
[01:09:40.000 --> 01:09:47.000]  Okay, so where is Champion Mortgage?
[01:09:47.000 --> 01:09:50.000]  Is it a local mortgage company?
[01:09:50.000 --> 01:09:54.000]  No, it's in Texas near Dallas.
[01:09:54.000 --> 01:09:58.000]  I don't know exactly the town, but not too far from Dallas.
[01:09:58.000 --> 01:10:01.000]  That's interesting.
[01:10:01.000 --> 01:10:12.000]  And this says that she's Assistant Vice President in Washington State.
[01:10:12.000 --> 01:10:18.000]  And so, you know, she's talking about records they should have in a place
[01:10:18.000 --> 01:10:22.000]  that doesn't seem like where they would be keeping their records.
[01:10:22.000 --> 01:10:29.000]  And basically, to me, she's just reciting what she sees on the papers in front of her,
[01:10:29.000 --> 01:10:40.000]  except for saying it's a true and correct copy of things, just reciting what it says.
[01:10:40.000 --> 01:10:44.000]  Okay, I don't have time to read the whole document.
[01:10:44.000 --> 01:10:47.000]  Is this your standard document saying that, let's see,
[01:10:47.000 --> 01:10:53.000]  I'm employed as Assistant Vice President of Nation Star Mortgage?
[01:10:53.000 --> 01:10:54.000]  Of what?
[01:10:54.000 --> 01:10:58.000]  Of Nation Star Mortgage.
[01:10:58.000 --> 01:11:03.000]  Doing business as Champion Mortgage Company.
[01:11:03.000 --> 01:11:05.000]  Right.
[01:11:05.000 --> 01:11:09.000]  So Champion Mortgage Company.
[01:11:09.000 --> 01:11:10.000]  Oh, wait a minute.
[01:11:10.000 --> 01:11:11.000]  That can't be right.
[01:11:11.000 --> 01:11:19.000]  Nation Star is doing business as Champion Mortgage Company.
[01:11:19.000 --> 01:11:26.000]  My office is located in Seattle, Washington.
[01:11:26.000 --> 01:11:30.000]  Did you look for her in Seattle?
[01:11:30.000 --> 01:11:31.000]  Yeah.
[01:11:31.000 --> 01:11:35.000]  You did a nationwide search.
[01:11:35.000 --> 01:11:41.000]  Nation Star Mortgage Company, Champion B Mortgage Company is the holder of a fixed rate,
[01:11:41.000 --> 01:11:46.000]  closed in, executed, denoted, dated 11.
[01:11:46.000 --> 01:11:49.000]  Okay.
[01:11:49.000 --> 01:11:54.000]  Jeff Sedgwick is listening.
[01:11:54.000 --> 01:11:57.000]  Jeff, if you're listening, will you give us a call?
[01:11:57.000 --> 01:12:03.000]  Because I suspect Jeff will tear this thing to pieces.
[01:12:03.000 --> 01:12:08.000]  If you'll send me an email asking for it,
[01:12:08.000 --> 01:12:15.000]  Jeff sent me some links on how to address affidavits.
[01:12:15.000 --> 01:12:17.000]  And I'll get those links to you.
[01:12:17.000 --> 01:12:20.000]  I'll show you how to take this apart.
[01:12:20.000 --> 01:12:24.000]  Oh, well, I've got a whole bunch of things in place already.
[01:12:24.000 --> 01:12:27.000]  Matter of fact, those little boxes you see, you kind of click on it,
[01:12:27.000 --> 01:12:29.000]  you'll see a note popping up.
[01:12:29.000 --> 01:12:33.000]  Most of it's where a lot of things, there's a legal conclusion
[01:12:33.000 --> 01:12:36.000]  that this court is supposed to determine.
[01:12:36.000 --> 01:12:39.000]  And she's saying certain things.
[01:12:39.000 --> 01:12:42.000]  She has personal knowledge that she couldn't possibly know.
[01:12:42.000 --> 01:12:50.000]  That's one thing I was wondering where she said that the note was executed by, you know,
[01:12:50.000 --> 01:12:52.000]  the person signing there.
[01:12:52.000 --> 01:13:03.000]  Well, I can make an affidavit that I was with the signer all that day,
[01:13:03.000 --> 01:13:09.000]  and no one identifying themselves by this name came by.
[01:13:09.000 --> 01:13:11.000]  Right.
[01:13:11.000 --> 01:13:17.000]  She will not have any personal evidence of that and personal knowledge of that.
[01:13:17.000 --> 01:13:21.000]  But another thing, well, you skip on down, let me see the right thing.
[01:13:21.000 --> 01:13:26.000]  Before we go too much further, let me address that.
[01:13:26.000 --> 01:13:27.000]  Okay.
[01:13:27.000 --> 01:13:36.000]  When, I'm going to try and just jump track.
[01:13:36.000 --> 01:13:39.000]  Okay, while you're trying to get back on track there.
[01:13:39.000 --> 01:13:40.000]  Yeah.
[01:13:40.000 --> 01:13:52.000]  The second comment I was about to make is which of these statements are critical to this affidavit?
[01:13:52.000 --> 01:14:05.000]  The fact that the signer of the note signed the note is probably something that's not going to come up at issue.
[01:14:05.000 --> 01:14:12.000]  But I'm looking down where you have it marked where it says Nation Star Mortgage LLC DBA Champion Mortgage Company
[01:14:12.000 --> 01:14:16.000]  is entitled to enforce the note in deed of trust
[01:14:16.000 --> 01:14:22.000]  and was entitled to enforce the note in deed of trust at the time of foreclosure.
[01:14:22.000 --> 01:14:25.000]  That's clearly a legal conclusion.
[01:14:25.000 --> 01:14:29.000]  Yeah, I've already marked that.
[01:14:29.000 --> 01:14:36.000]  You would expect it to say entitled to enforce the note in deed of trust by way of
[01:14:36.000 --> 01:14:43.000]  and then stipulate what gives them authority to do that.
[01:14:43.000 --> 01:14:45.000]  Otherwise, this is not an affidavit.
[01:14:45.000 --> 01:14:51.000]  It's just a statement of legal conclusion.
[01:14:51.000 --> 01:14:52.000]  Yeah.
[01:14:52.000 --> 01:15:00.000]  And you skip down to page 8 in the file and it got a couple of things highlighted.
[01:15:00.000 --> 01:15:12.000]  Okay, while we're going to page 8, you're saying that this is generally a business records affidavit.
[01:15:12.000 --> 01:15:15.000]  Is this correct?
[01:15:15.000 --> 01:15:17.000]  Yeah, that's what I would say.
[01:15:17.000 --> 01:15:19.000]  Okay, well, let me put it another way.
[01:15:19.000 --> 01:15:24.000]  Was it an affidavit that accompanied a motion for summary judgment?
[01:15:24.000 --> 01:15:25.000]  Right.
[01:15:25.000 --> 01:15:29.000]  Okay, then that was a business records affidavit.
[01:15:29.000 --> 01:15:32.000]  Whatever you all call it up there in Tennessee or wherever,
[01:15:32.000 --> 01:15:37.000]  that was what is called here in Texas as a business records affidavit.
[01:15:37.000 --> 01:15:48.000]  It's a sworn affidavit testifying to the documents that are held by the company that she works for.
[01:15:48.000 --> 01:15:51.000]  That's all she can testify to.
[01:15:51.000 --> 01:15:53.000]  She cannot testify.
[01:15:53.000 --> 01:16:05.000]  If she's saying anywhere in that document that these are the originals or exact copies or duplicates of the originals, you got her.
[01:16:05.000 --> 01:16:13.000]  She does not refer to documentation at all.
[01:16:13.000 --> 01:16:14.000]  Yeah.
[01:16:14.000 --> 01:16:20.000]  I'm employed as an assistant vice president, Nation Star Mortgage Company is the holder.
[01:16:20.000 --> 01:16:23.000]  Nothing to say how she knows they're the holder.
[01:16:23.000 --> 01:16:26.000]  The note is dated, this date, blah, blah, blah.
[01:16:26.000 --> 01:16:32.000]  The chain of endorsements via a lounge is attached to the note as follows.
[01:16:32.000 --> 01:16:36.000]  But she doesn't say how she knows that.
[01:16:36.000 --> 01:16:41.000]  She specifically doesn't state that she's actually seen those documents.
[01:16:41.000 --> 01:16:43.000]  Hang on, we're about to go to break.
[01:16:43.000 --> 01:16:46.000]  Randy Kelton, Steve Skidmore with our radio.
[01:16:46.000 --> 01:16:51.000]  I called in number 512-646-1984.
[01:16:51.000 --> 01:16:52.000]  Give us a call.
[01:16:52.000 --> 01:16:53.000]  We'll be taking your calls all night.
[01:16:53.000 --> 01:17:01.000]  We'll be right back.
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[01:19:24.000 --> 01:19:37.000]  Well, ain't gonna fool me with that same old trick again.
[01:19:37.000 --> 01:19:42.000]  I was blindsided, but now I can see your plan.
[01:19:42.000 --> 01:19:47.000]  You put the beer in my pocket, took the money from my net.
[01:19:47.000 --> 01:19:59.000]  Ain't gonna fool me with that same old trick again.
[01:19:59.000 --> 01:20:01.000]  You wanna pick him up, Steve?
[01:20:01.000 --> 01:20:12.000]  Sure.
[01:20:12.000 --> 01:20:16.000]  Ain't gonna drop me with that same old sucker punch.
[01:20:16.000 --> 01:20:18.000]  Are we on?
[01:20:18.000 --> 01:20:19.000]  Yeah, we're on.
[01:20:19.000 --> 01:20:20.000]  Oh, we're on.
[01:20:20.000 --> 01:20:21.000]  Okay.
[01:20:21.000 --> 01:20:22.000]  I was waiting for the beep.
[01:20:22.000 --> 01:20:23.000]  I guess I missed it.
[01:20:23.000 --> 01:20:24.000]  Sorry about that.
[01:20:24.000 --> 01:20:26.000]  Welcome back to the rule of law radio, folks.
[01:20:26.000 --> 01:20:30.000]  Danny.
[01:20:30.000 --> 01:20:37.000]  Looking at this thing and got a message that I can't argue with.
[01:20:37.000 --> 01:20:44.000]  Here's a, this thing, it presumes facts not in evidence.
[01:20:44.000 --> 01:20:47.000]  Paragraph 9.
[01:20:47.000 --> 01:20:53.000]  Nation Star Mortgage LLC, doing business as champion mortgage company,
[01:20:53.000 --> 01:20:59.000]  is entitled to enforce the note and deed of trust.
[01:20:59.000 --> 01:21:01.000]  And was entitled to blah, blah, blah.
[01:21:01.000 --> 01:21:02.000]  Okay.
[01:21:02.000 --> 01:21:07.000]  And she should have also included in there, your mother wears combat boots.
[01:21:07.000 --> 01:21:09.000]  She might as well have.
[01:21:09.000 --> 01:21:14.000]  So the question is, how do you know my mother wears combat boots?
[01:21:14.000 --> 01:21:15.000]  Right.
[01:21:15.000 --> 01:21:17.000]  Yeah, exactly.
[01:21:17.000 --> 01:21:24.000]  But yeah, she makes no mention at all about where the documents,
[01:21:24.000 --> 01:21:29.000]  she mentions two documents, but she mentions nothing to the origination
[01:21:29.000 --> 01:21:33.000]  or the authenticity of them.
[01:21:33.000 --> 01:21:35.000]  She just says...
[01:21:35.000 --> 01:21:38.000]  Or even that she's ever seen them.
[01:21:38.000 --> 01:21:40.000]  Yeah, true.
[01:21:40.000 --> 01:21:41.000]  True.
[01:21:41.000 --> 01:21:44.000]  Doesn't even make that claim.
[01:21:44.000 --> 01:21:49.000]  She should be saying something like are in possession of the note
[01:21:49.000 --> 01:21:52.000]  and deed of trust.
[01:21:52.000 --> 01:21:55.000]  They don't have to be in possession.
[01:21:55.000 --> 01:22:00.000]  They could own the rights to them and they could let anybody actually
[01:22:00.000 --> 01:22:02.000]  physically possess them.
[01:22:02.000 --> 01:22:10.000]  She would have to state that she personally examined the original documents.
[01:22:10.000 --> 01:22:12.000]  Yeah, she's not going to perjure herself like that.
[01:22:12.000 --> 01:22:17.000]  All she can testify to is what records that are on file at the company
[01:22:17.000 --> 01:22:20.000]  that she works for.
[01:22:20.000 --> 01:22:28.000]  And I will bet you a dollar to a doughnut hole that she has no clue
[01:22:28.000 --> 01:22:38.000]  where those documents are or what authenticity those copies bear.
[01:22:38.000 --> 01:22:44.000]  I'm trying to face the evidence that somewhere the originals might still exist, maybe.
[01:22:44.000 --> 01:22:50.000]  In order for this to be a proper affidavit, she would have to have testified
[01:22:50.000 --> 01:22:55.000]  that she actually saw these documents or worked with these documents.
[01:22:55.000 --> 01:23:04.000]  Normally these documents say that I am familiar with the normal operating
[01:23:04.000 --> 01:23:10.000]  procedures of the company and state how they're familiar with them
[01:23:10.000 --> 01:23:17.000]  and that in the process of working with the company through this process,
[01:23:17.000 --> 01:23:22.000]  I have personal knowledge that these documents are what they say they are
[01:23:22.000 --> 01:23:25.000]  and show how she has personal knowledge.
[01:23:25.000 --> 01:23:29.000]  And the only way she can do that is by actually examining the documents.
[01:23:29.000 --> 01:23:38.000]  Otherwise, she might as well say your mother wears combat boots.
[01:23:38.000 --> 01:23:40.000]  So I would sure do work on that.
[01:23:40.000 --> 01:23:43.000]  You have a lot of fun with this.
[01:23:43.000 --> 01:23:47.000]  Well, that's why I was thinking, I've got quite a few things.
[01:23:47.000 --> 01:23:51.000]  Nowhere in here does she mention anything about firsthand personal knowledge
[01:23:51.000 --> 01:23:55.000]  or personal knowledge, nothing.
[01:23:55.000 --> 01:23:59.000]  She just makes a blank statement right there and then kind of wraps it up
[01:23:59.000 --> 01:24:05.000]  with another blank statement claiming that you were in default since August 2012.
[01:24:05.000 --> 01:24:06.000]  How does she know?
[01:24:06.000 --> 01:24:09.000]  Yeah, that's what I was going to say.
[01:24:09.000 --> 01:24:15.000]  What kind of documentation are supposed to be that there was a declaration of default?
[01:24:15.000 --> 01:24:19.000]  I mean, is that an actual document that somebody would produce who makes that?
[01:24:19.000 --> 01:24:25.000]  Well, OK, for her to have said that, she would have had to have had the original,
[01:24:25.000 --> 01:24:29.000]  for this to not be, well, how can it be a perjurer statement?
[01:24:29.000 --> 01:24:39.000]  It says, OK, here down at the bottom, sworn and subscribed before me.
[01:24:39.000 --> 01:24:48.000]  OK, so the notary verified who this Sherry Prowl is, though your investigator couldn't.
[01:24:48.000 --> 01:24:52.000]  I'd like to throw that in there.
[01:24:52.000 --> 01:25:00.000]  Did you make a request of the notary for evidence of authentication?
[01:25:00.000 --> 01:25:04.000]  This notary on this document?
[01:25:04.000 --> 01:25:05.000]  Yes.
[01:25:05.000 --> 01:25:07.000]  Sherry Prowl?
[01:25:07.000 --> 01:25:10.000]  Yes, make a request to this notary.
[01:25:10.000 --> 01:25:14.000]  I take it you just got this recently.
[01:25:14.000 --> 01:25:19.000]  Yeah, towards the end of August, I mean, it's four weeks today that I got it, yeah.
[01:25:19.000 --> 01:25:22.000]  OK, you need to stay a little closer to the mic, you're kind of fading out there.
[01:25:22.000 --> 01:25:24.000]  You're drowning him out.
[01:25:24.000 --> 01:25:30.000]  Yeah, you're kind of got fuzzy sounding for some reason.
[01:25:30.000 --> 01:25:33.000]  Yeah, you're drowning him out, Randy.
[01:25:33.000 --> 01:25:37.000]  OK, I might have sound in the background, I've got a headset on so I may not hear it.
[01:25:37.000 --> 01:25:43.000]  OK, go ahead, I'll keep my mic muted.
[01:25:43.000 --> 01:25:53.000]  Well, anyway, some other things also on down in the exhibits, you get to page eight in the PDF.
[01:25:53.000 --> 01:25:54.000]  OK.
[01:25:54.000 --> 01:25:59.000]  And the paragraph two, paragraph two, the highlighting there.
[01:25:59.000 --> 01:26:06.000]  So this just says what the maximum principal amount is, it doesn't state a sum certain.
[01:26:06.000 --> 01:26:12.000]  And also in there, it makes reference to the things in the loan agreement.
[01:26:12.000 --> 01:26:18.000]  So to me, that loan agreement is something else that's, you know,
[01:26:18.000 --> 01:26:32.000]  integral part of this through the reference, but it's not been included in any of their evidence.
[01:26:32.000 --> 01:26:39.000]  That would sure be a great place to raise an objection to referencing a document not in evidence.
[01:26:39.000 --> 01:26:41.000]  Yeah.
[01:26:41.000 --> 01:26:47.000]  Well, they're claiming that this is the or claiming that this document,
[01:26:47.000 --> 01:26:53.000]  exhibit one is a copy of a fixed rate note closed in.
[01:26:53.000 --> 01:27:05.000]  Have you requested the original instrument under 3-501 commercial code?
[01:27:05.000 --> 01:27:13.000]  Well, they're supposedly bringing it to court, but yeah, I'll be bringing it up.
[01:27:13.000 --> 01:27:23.000]  That's something else I wanted to bring up about like inspecting it in open court.
[01:27:23.000 --> 01:27:27.000]  I don't know that you will unless you want to bring it in as evidence.
[01:27:27.000 --> 01:27:34.000]  Under UCC 3-501, if you request it, they must produce it.
[01:27:34.000 --> 01:27:40.000]  They don't have to give it to you, but they have to show it to you.
[01:27:40.000 --> 01:27:44.000]  Yeah, they've got to provide an opportunity for you to examine it.
[01:27:44.000 --> 01:27:52.000]  Okay, some little peculiarities in the paper for this exhibit.
[01:27:52.000 --> 01:28:02.000]  If you might notice up towards the top and on the left, you can see some shadows of staple holes,
[01:28:02.000 --> 01:28:05.000]  like a pair there and maybe a third one.
[01:28:05.000 --> 01:28:08.000]  And then, okay, that's the first page of the note.
[01:28:08.000 --> 01:28:18.000]  And if you go down to the next page, you see those that more or less match with that.
[01:28:18.000 --> 01:28:24.000]  But get to the third page where the signature is,
[01:28:24.000 --> 01:28:28.000]  it doesn't seem that it's not the same number of holes indicated,
[01:28:28.000 --> 01:28:35.000]  which to me, that sounds like a point to bring up that the signature page has been kept someplace else
[01:28:35.000 --> 01:28:39.000]  besides the places where those pages were kept.
[01:28:39.000 --> 01:28:41.000]  Not necessarily.
[01:28:41.000 --> 01:28:42.000]  Not necessarily.
[01:28:42.000 --> 01:28:49.000]  It could have been removed to have been copied.
[01:28:49.000 --> 01:28:57.000]  No, I think what he's saying is that the whole document was stapled together.
[01:28:57.000 --> 01:28:58.000]  Yeah.
[01:28:58.000 --> 01:29:00.000]  And then it was taken apart.
[01:29:00.000 --> 01:29:01.000]  Yeah.
[01:29:01.000 --> 01:29:06.000]  But the third page doesn't show the staple holes.
[01:29:06.000 --> 01:29:17.000]  So the first two pages could well not go with the third page.
[01:29:17.000 --> 01:29:23.000]  You mean, okay, yeah, that would make it possible to change some of the elements
[01:29:23.000 --> 01:29:28.000]  or some of the verbiage, but let's go look at it.
[01:29:28.000 --> 01:29:29.000]  Yeah.
[01:29:29.000 --> 01:29:31.000]  Well, that's what I was talking about.
[01:29:31.000 --> 01:29:38.000]  And instead of putting this into the response,
[01:29:38.000 --> 01:29:43.000]  just ask for it and open court and discover it there and then show it that,
[01:29:43.000 --> 01:29:46.000]  well, these first two pages have two staple holes
[01:29:46.000 --> 01:29:52.000]  and the third one is supposed to always be with it when he has one pair of staple holes.
[01:29:52.000 --> 01:29:53.000]  Okay.
[01:29:53.000 --> 01:29:54.000]  Hang on.
[01:29:54.000 --> 01:29:55.000]  We're about to go to break.
[01:29:55.000 --> 01:30:02.000]  Randy Kelton, Steve Skidmore, WeBlaw Radio, we'll be right back.
[01:30:02.000 --> 01:30:05.000]  Do you get jittery without your cell phone or iPod?
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[01:33:36.000 --> 01:33:53.000]  Welcome back to the rule of law radio, folks, and thank you for tuning in tonight.
[01:33:53.000 --> 01:33:54.000]  Danny in Tennessee.
[01:33:54.000 --> 01:33:55.000]  Yes, sir.
[01:33:55.000 --> 01:34:05.000]  I'm seeing here exhibit one, a copy of the alleged note, and yes, I agree that the staple
[01:34:05.000 --> 01:34:08.000]  are in different places.
[01:34:08.000 --> 01:34:15.000]  The first thing I would ask would be, what is the significance?
[01:34:15.000 --> 01:34:18.000]  What relevance would it have?
[01:34:18.000 --> 01:34:25.000]  Now, there are a couple of holes that look like they might be relatively close, but I
[01:34:25.000 --> 01:34:35.000]  see there's four holes in one and two holes, what could be two holes, and another.
[01:34:35.000 --> 01:34:40.000]  Now, it's possible that two of the holes didn't come up, and the other one's a piece of dirt,
[01:34:40.000 --> 01:34:42.000]  speck of dust or something.
[01:34:42.000 --> 01:34:44.000]  I don't know.
[01:34:44.000 --> 01:34:47.000]  But I don't think that's going to be...
[01:34:47.000 --> 01:34:54.000]  What you're looking for is something crucial to their case, something damning, something
[01:34:54.000 --> 01:35:01.000]  obvious that will get that document out of evidence.
[01:35:01.000 --> 01:35:03.000]  That's what you're looking for.
[01:35:03.000 --> 01:35:06.000]  I don't think staple holes are going to get you there.
[01:35:06.000 --> 01:35:12.000]  I mean, it's odd, but seeing these things go through the courts, I don't think an argument
[01:35:12.000 --> 01:35:16.000]  on staple holes is going to get you anywhere.
[01:35:16.000 --> 01:35:28.000]  It's an interesting observation, but probably more inconsequential than anything.
[01:35:28.000 --> 01:35:33.000]  Exhibit two is the deed of trust, if I'm not mistaken.
[01:35:33.000 --> 01:35:43.000]  Fixed rate deed of trust, yes, fixed rate deed of trust here has...
[01:35:43.000 --> 01:35:49.000]  Scroll down here, I know you got something bookmarked down here.
[01:35:49.000 --> 01:35:52.000]  I don't believe you got anything.
[01:35:52.000 --> 01:35:57.000]  Okay, we're kind of dragging along, Danny.
[01:35:57.000 --> 01:36:00.000]  Do we have anything particular you want to address?
[01:36:00.000 --> 01:36:02.000]  We've got a whole board full of callers.
[01:36:02.000 --> 01:36:06.000]  Okay, I got one more thing and then something for somebody else.
[01:36:06.000 --> 01:36:13.000]  The part at the bottom has...
[01:36:13.000 --> 01:36:15.000]  Bottom of which document?
[01:36:15.000 --> 01:36:20.000]  Page 13 in the PDF, the deed of trust.
[01:36:20.000 --> 01:36:21.000]  Deed of trust, okay.
[01:36:21.000 --> 01:36:24.000]  That's what document I was looking for.
[01:36:24.000 --> 01:36:26.000]  Got it.
[01:36:26.000 --> 01:36:27.000]  What about it?
[01:36:27.000 --> 01:36:32.000]  Down there at the bottom, those things in the box there.
[01:36:32.000 --> 01:36:39.000]  There isn't on the deed of trust that was recorded and it has this...
[01:36:39.000 --> 01:36:43.000]  No, that's going to be a tracking number.
[01:36:43.000 --> 01:36:48.000]  I mean, but the notation of pool showing it's been...
[01:36:48.000 --> 01:36:50.000]  Securitized.
[01:36:50.000 --> 01:36:53.000]  Right.
[01:36:53.000 --> 01:36:54.000]  Yeah?
[01:36:54.000 --> 01:36:58.000]  They haven't brought in any...
[01:36:58.000 --> 01:37:03.000]  That is a true and accurate copy of the deed of...
[01:37:03.000 --> 01:37:10.000]  Supposedly is a true and accurate copy of the deed of trust as it exists today.
[01:37:10.000 --> 01:37:15.000]  Or as it exists in their records.
[01:37:15.000 --> 01:37:18.000]  So it exists in their records with this stamp on it.
[01:37:18.000 --> 01:37:21.000]  Yeah, but always keep in mind that these...
[01:37:21.000 --> 01:37:23.000]  You don't want to stipulate anything.
[01:37:23.000 --> 01:37:30.000]  You assume that these are a copy of the documents as they exist even as they exist today.
[01:37:30.000 --> 01:37:33.000]  You don't know if they've changed since yesterday.
[01:37:33.000 --> 01:37:46.000]  That's why these are not necessarily a reflection of the original instrument that you signed and gave some kind of value to.
[01:37:46.000 --> 01:37:47.000]  Okay?
[01:37:47.000 --> 01:38:08.000]  So if this is a copy, which apparently is a copy of a copy because it's something that was digitized in the records of the company this woman vouched to have worked for at the time that she produced these instruments or copies of them,
[01:38:08.000 --> 01:38:12.000]  all she can testify to is what is on her records.
[01:38:12.000 --> 01:38:24.000]  How do you know that's... I would like to assume or presume that it is an accurate copy of how it exists in its current form.
[01:38:24.000 --> 01:38:26.000]  But how am I to know that?
[01:38:26.000 --> 01:38:30.000]  Could have changed hands three times since that mark was put on there.
[01:38:30.000 --> 01:38:32.000]  Five times, 20 times.
[01:38:32.000 --> 01:38:41.000]  My question is, what is the point of raising an issue about the mark?
[01:38:41.000 --> 01:38:42.000]  Okay.
[01:38:42.000 --> 01:38:47.000]  Well, it's not the mark, but the notation of the pool that has been pooled.
[01:38:47.000 --> 01:38:48.000]  Yes.
[01:38:48.000 --> 01:38:50.000]  It's been securitized.
[01:38:50.000 --> 01:38:51.000]  That's evidence.
[01:38:51.000 --> 01:38:53.000]  It's in a security pool somewhere.
[01:38:53.000 --> 01:38:54.000]  Okay.
[01:38:54.000 --> 01:38:55.000]  That's exactly where I was going.
[01:38:55.000 --> 01:39:11.000]  Is there anything in the record showing that the beneficial interest in the note or the security instrument was transferred to someone else?
[01:39:11.000 --> 01:39:16.000]  This is evidence to indicate that it was.
[01:39:16.000 --> 01:39:21.000]  Did they file that change in the record and does Tennessee law require it?
[01:39:21.000 --> 01:39:25.000]  I'm going to assume it does, every other state does.
[01:39:25.000 --> 01:39:26.000]  What?
[01:39:26.000 --> 01:39:31.000]  The notation about this, what this shows is in the...
[01:39:31.000 --> 01:39:44.000]  This notation indicates that the beneficial interest in the note was transferred to a pass-through trust through Gini May.
[01:39:44.000 --> 01:39:45.000]  Right.
[01:39:45.000 --> 01:39:47.000]  That's what Gini May does.
[01:39:47.000 --> 01:40:00.000]  Do you have anything in the public record showing the authority of the trust to adjudicate the note?
[01:40:00.000 --> 01:40:02.000]  No.
[01:40:02.000 --> 01:40:04.000]  I believe not.
[01:40:04.000 --> 01:40:06.000]  I have nothing else to give to this property.
[01:40:06.000 --> 01:40:16.000]  They presented this as if they are the holder, but they have this stamp on it that indicates that they are not the holder.
[01:40:16.000 --> 01:40:23.000]  That someone through Gini May is the holder, a pass-through trust somewhere.
[01:40:23.000 --> 01:40:31.000]  That it is the trustee of the pass-through trust who would have standing to collect this note, not these guys.
[01:40:31.000 --> 01:40:33.000]  Yeah, that's my point.
[01:40:33.000 --> 01:40:39.000]  And they haven't produced anything showing agency to act on their behalf.
[01:40:39.000 --> 01:40:45.000]  So have you put any of that down, reduced any of that to writing yet?
[01:40:45.000 --> 01:40:47.000]  I've got notes, but...
[01:40:47.000 --> 01:40:55.000]  No, I mean writing as in ready to file into court as a...
[01:40:55.000 --> 01:40:57.000]  Challenge the subject matter of jurisdiction.
[01:40:57.000 --> 01:40:59.000]  That's the point I'm working on now.
[01:40:59.000 --> 01:41:02.000]  Okay, well you better get scribbling.
[01:41:02.000 --> 01:41:14.000]  These guys can't prove that they have agency to represent a client with standing and the legal capacity to invoke the subject matter of jurisdiction of the court.
[01:41:14.000 --> 01:41:18.000]  The court can't hear this.
[01:41:18.000 --> 01:41:20.000]  Okay, well I'm the plaintiff.
[01:41:20.000 --> 01:41:24.000]  They'll probably...
[01:41:24.000 --> 01:41:30.000]  Okay, yeah, that much we gathered.
[01:41:30.000 --> 01:41:34.000]  Oh, that changes subject matter of jurisdiction.
[01:41:34.000 --> 01:41:38.000]  Okay, challenge the standing of the lawyers.
[01:41:38.000 --> 01:41:40.000]  Oh, wait a minute, they're the plaintiff.
[01:41:40.000 --> 01:41:42.000]  You sued them?
[01:41:42.000 --> 01:41:45.000]  Yeah.
[01:41:45.000 --> 01:41:48.000]  This is backwards from what I expected.
[01:41:48.000 --> 01:41:50.000]  You sued, they didn't sue you, you sued them.
[01:41:50.000 --> 01:41:53.000]  What did you sue them for?
[01:41:53.000 --> 01:41:55.000]  Quiet title.
[01:41:55.000 --> 01:42:01.000]  Oh, this is evidence of quiet title.
[01:42:01.000 --> 01:42:10.000]  Put this in your objection to summary judgment and file a counter motion, counterclaim for summary judgment.
[01:42:10.000 --> 01:42:16.000]  You have clear evidence by their own documentation that they are not the holder.
[01:42:16.000 --> 01:42:19.000]  Right.
[01:42:19.000 --> 01:42:20.000]  Okay.
[01:42:20.000 --> 01:42:22.000]  That's great.
[01:42:22.000 --> 01:42:30.000]  You really, when someone else, you never interfere with someone else when they're screwing up.
[01:42:30.000 --> 01:42:32.000]  Yeah.
[01:42:32.000 --> 01:42:33.000]  Okay.
[01:42:33.000 --> 01:42:37.000]  Okay, you got another question, we do need to move along, got a bunch of callers.
[01:42:37.000 --> 01:42:47.000]  The lady that called in, I think from Indiana some weeks or a couple of months ago about all that stuff and all those property had like a grandson.
[01:42:47.000 --> 01:42:58.000]  Oh, yes, the woman about the, she got this secret file from the court.
[01:42:58.000 --> 01:43:04.000]  I forget, the court's copy of a file that had information in it.
[01:43:04.000 --> 01:43:14.000]  Did you ever come up with any idea of why those warrants were with her grandson's name or social security number?
[01:43:14.000 --> 01:43:16.000]  Did you ever come up with some reason for that?
[01:43:16.000 --> 01:43:18.000]  No, we didn't.
[01:43:18.000 --> 01:43:38.000]  Okay, I've got an idea that supposedly like a fugitive from justice, they don't know where he is, but they found some of his property and do asset forfeiture and clean up the title.
[01:43:38.000 --> 01:43:41.000]  Interesting concept.
[01:43:41.000 --> 01:43:43.000]  Okay, thanks, I'll let you all go.
[01:43:43.000 --> 01:43:44.000]  All righty.
[01:43:44.000 --> 01:43:45.000]  Thank you, Danny.
[01:43:45.000 --> 01:43:51.000]  Okay, folks, we're going to break, we'll be back in just a couple of minutes, and while we're gone, you take care of our sponsors.
[01:43:51.000 --> 01:44:00.000]  You take care of them, we stay on air, we'll be right back.
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[01:46:31.000 --> 01:46:59.000]  Welcome back to Rule of Law Radio, folks, and thank you for listening in this beautiful Friday night.
[01:46:59.000 --> 01:47:04.000]  I hope it's beautiful where you are. I know it's kind of snowing up here in the Northern Territory.
[01:47:04.000 --> 01:47:13.000]  Jeff in Maryland has called in, and I believe he might be on point with the last caller, Danny in Tennessee.
[01:47:13.000 --> 01:47:18.000]  Good evening. Mr. Sedgwick, how are you, sir?
[01:47:18.000 --> 01:47:26.000]  Oh, I'm in fair shape for a little guy. I wasn't sure if you were ever going to find me up on your call board.
[01:47:26.000 --> 01:47:39.000]  Wait a minute. Did you say fair shape or pear shape?
[01:47:39.000 --> 01:47:48.000]  You know, Randy, only you can get away with insulting the callers.
[01:47:48.000 --> 01:47:52.000]  But I didn't say anything about his age.
[01:47:52.000 --> 01:47:57.000]  Yet. Well, too late for that.
[01:47:57.000 --> 01:48:00.000]  Glad you called, Jeff.
[01:48:00.000 --> 01:48:09.000]  All right. I heard you request me call in, and I wasn't sure you were ever going to get to me, because I've been here for a while.
[01:48:09.000 --> 01:48:10.000]  Yes, sir.
[01:48:10.000 --> 01:48:12.000]  Waiting to get on the phone with Danny.
[01:48:12.000 --> 01:48:13.000]  Let me explain.
[01:48:13.000 --> 01:48:15.000]  Danny, if you're still listening.
[01:48:15.000 --> 01:48:22.000]  We have a new call board, and we can only see four calls at a time.
[01:48:22.000 --> 01:48:27.000]  So until Danny dropped off, we couldn't see that you were there.
[01:48:27.000 --> 01:48:30.000]  Oh, shoot. Okay.
[01:48:30.000 --> 01:48:36.000]  Next time, ask the call screener to give us a notation.
[01:48:36.000 --> 01:48:41.000]  You probably had it in there, and we just didn't see it.
[01:48:41.000 --> 01:48:46.000]  I told him specifically you requested that I call in right now.
[01:48:46.000 --> 01:48:51.000]  He probably told us, and I missed it.
[01:48:51.000 --> 01:48:58.000]  It took a while to get in, because your call board was full.
[01:48:58.000 --> 01:48:59.000]  Anyway.
[01:48:59.000 --> 01:49:00.000]  So what you got for Danny?
[01:49:00.000 --> 01:49:04.000]  You're still there.
[01:49:04.000 --> 01:49:08.000]  Write this web address down.
[01:49:08.000 --> 01:49:11.000]  Voidjudgements.net.
[01:49:11.000 --> 01:49:18.000]  That's V-O-I-D-J-U-D-G-E-M-E-N-T-S.net.
[01:49:18.000 --> 01:49:20.000]  Scroll down to almost the bottom of the page.
[01:49:20.000 --> 01:49:23.000]  Look for the link that says Recorder Calls by Dave.
[01:49:23.000 --> 01:49:27.000]  Go to that page, and I think it might be about the second or third item.
[01:49:27.000 --> 01:49:29.000]  There's affidavits one and affidavits two.
[01:49:29.000 --> 01:49:33.000]  Affidavits one is how to rip them apart.
[01:49:33.000 --> 01:49:34.000]  Okay?
[01:49:34.000 --> 01:49:38.000]  First part, make a copy.
[01:49:38.000 --> 01:49:41.000]  The second part is make a copy of the affidavit,
[01:49:41.000 --> 01:49:43.000]  and scroll down through the affidavit
[01:49:43.000 --> 01:49:47.000]  until you get to where she's stating facts about the debt.
[01:49:47.000 --> 01:49:50.000]  Draw a line.
[01:49:50.000 --> 01:49:55.000]  Then count the number of facts that she says above that.
[01:49:55.000 --> 01:49:57.000]  My name is such-and-such.
[01:49:57.000 --> 01:49:58.000]  I work for so-and-so.
[01:49:58.000 --> 01:50:03.000]  I have the position of so-and-so, and I have firsthand knowledge.
[01:50:03.000 --> 01:50:08.000]  What evidence did she put in the record that shows
[01:50:08.000 --> 01:50:12.000]  that those statements of fact are indeed fact?
[01:50:12.000 --> 01:50:14.000]  None.
[01:50:14.000 --> 01:50:16.000]  None.
[01:50:16.000 --> 01:50:20.000]  The affiant has not been affirmatively identified,
[01:50:20.000 --> 01:50:24.000]  and unless she's in court to attest to that affidavit,
[01:50:24.000 --> 01:50:27.000]  that affidavit is pure hearsay.
[01:50:27.000 --> 01:50:28.000]  Hearsay, yeah.
[01:50:28.000 --> 01:50:30.000]  And admissible.
[01:50:30.000 --> 01:50:33.000]  It's pure hearsay.
[01:50:33.000 --> 01:50:37.000]  And if the affidavit is not admissible,
[01:50:37.000 --> 01:50:41.000]  then none of the exhibits attached to it are admissible either.
[01:50:41.000 --> 01:50:47.000]  They've lost their prima facie case,
[01:50:47.000 --> 01:50:51.000]  because it's an unsupported claim.
[01:50:51.000 --> 01:50:52.000]  Mm-hmm.
[01:50:52.000 --> 01:50:56.000]  Motion dismissed.
[01:50:56.000 --> 01:51:00.000]  So Danny should file a counter-motion.
[01:51:00.000 --> 01:51:02.000]  They filed a summary judgment.
[01:51:02.000 --> 01:51:07.000]  He should file a counter-motion for a counterclaim for a summary judgment.
[01:51:07.000 --> 01:51:08.000]  Okay.
[01:51:08.000 --> 01:51:10.000]  Counter-motion.
[01:51:10.000 --> 01:51:12.000]  No.
[01:51:12.000 --> 01:51:19.000]  What he needs to do is go in and challenge the court for jurisdiction
[01:51:19.000 --> 01:51:22.000]  and then rip that affidavit apart.
[01:51:22.000 --> 01:51:30.000]  Okay. He can't challenge the court for jurisdiction because he's the plaintiff.
[01:51:30.000 --> 01:51:31.000]  All right.
[01:51:31.000 --> 01:51:33.000]  Well, yeah.
[01:51:33.000 --> 01:51:34.000]  That's what I said.
[01:51:34.000 --> 01:51:36.000]  Challenge subject matter jurisdiction.
[01:51:36.000 --> 01:51:39.000]  Oops.
[01:51:39.000 --> 01:51:40.000]  No, no, no, no.
[01:51:40.000 --> 01:51:43.000]  I didn't say subject matter jurisdiction.
[01:51:43.000 --> 01:51:45.000]  They don't have impersonal jurisdiction.
[01:51:45.000 --> 01:51:46.000]  There we go.
[01:51:46.000 --> 01:51:47.000]  Okay.
[01:51:47.000 --> 01:51:48.000]  I misheard.
[01:51:48.000 --> 01:51:49.000]  I thought I heard subject matter.
[01:51:49.000 --> 01:51:50.000]  Okay.
[01:51:50.000 --> 01:51:51.000]  Yeah, impersonal.
[01:51:51.000 --> 01:51:52.000]  No.
[01:51:52.000 --> 01:51:56.000]  And that's what I suggested to him to ask them, you know,
[01:51:56.000 --> 01:52:05.000]  to challenge their agency to represent a principal with legal capacity.
[01:52:05.000 --> 01:52:06.000]  Right.
[01:52:06.000 --> 01:52:10.000]  They have no capacity to be there.
[01:52:10.000 --> 01:52:17.000]  They have not made a prima facie case because there's nothing there.
[01:52:17.000 --> 01:52:22.000]  Oh, wait. He sued for quiet title.
[01:52:22.000 --> 01:52:26.000]  This is an MSJ to the quiet title.
[01:52:26.000 --> 01:52:27.000]  Yeah.
[01:52:27.000 --> 01:52:30.000]  He's not going to get quiet title until he defeats their claim
[01:52:30.000 --> 01:52:35.000]  because as long as there's a claim there, he's not going to get quiet title.
[01:52:35.000 --> 01:52:36.000]  No, no.
[01:52:36.000 --> 01:52:37.000]  There is.
[01:52:37.000 --> 01:52:38.000]  Okay.
[01:52:38.000 --> 01:52:39.000]  I see what you're saying.
[01:52:39.000 --> 01:52:48.000]  What he needs to do is get the MSJ dismissed so that he can go forward with the case.
[01:52:48.000 --> 01:52:52.000]  First move to strike the affidavit.
[01:52:52.000 --> 01:52:53.000]  Right.
[01:52:53.000 --> 01:52:55.000]  And once you get it stricken.
[01:52:55.000 --> 01:53:05.000]  And then a motion to strike the affidavit and an alternative motion to dismiss.
[01:53:05.000 --> 01:53:12.000]  Well, he's the plaintiff, so a motion to deny the summary judgment.
[01:53:12.000 --> 01:53:13.000]  Right.
[01:53:13.000 --> 01:53:14.000]  Right.
[01:53:14.000 --> 01:53:15.000]  Okay.
[01:53:15.000 --> 01:53:16.000]  Yeah, right.
[01:53:16.000 --> 01:53:21.000]  Deny the summary judgment and move forward on the case.
[01:53:21.000 --> 01:53:27.000]  Because the MSJ is, for people who aren't to adapt to this yet,
[01:53:27.000 --> 01:53:30.000]  an MSJ, motion for summary judgment.
[01:53:30.000 --> 01:53:34.000]  The summary judgment is a dispositive pleading.
[01:53:34.000 --> 01:53:39.000]  That means it would dispose of a trial.
[01:53:39.000 --> 01:53:44.000]  What is the one thing that would defeat a motion for summary judgment?
[01:53:44.000 --> 01:53:47.000]  A centella of evidence to the contrary.
[01:53:47.000 --> 01:53:49.000]  Controversy.
[01:53:49.000 --> 01:53:52.000]  Yeah, a true controversy.
[01:53:52.000 --> 01:53:54.000]  Yes.
[01:53:54.000 --> 01:54:00.000]  So are there any facts that remain in controversy?
[01:54:00.000 --> 01:54:05.000]  Yes, title, in a quiet title action.
[01:54:05.000 --> 01:54:07.000]  No.
[01:54:07.000 --> 01:54:12.000]  What else?
[01:54:12.000 --> 01:54:16.000]  Evidence of, is that a trick question?
[01:54:16.000 --> 01:54:19.000]  That's what I was looking for.
[01:54:19.000 --> 01:54:24.000]  Yes, it is.
[01:54:24.000 --> 01:54:26.000]  You stumped this chump.
[01:54:26.000 --> 01:54:31.000]  In light.
[01:54:31.000 --> 01:54:37.000]  They can't state any facts of a controversy.
[01:54:37.000 --> 01:54:39.000]  That's right.
[01:54:39.000 --> 01:54:42.000]  They've got to claim that there's no controversy.
[01:54:42.000 --> 01:54:46.000]  Here's irrefutable evidence that we're in the right.
[01:54:46.000 --> 01:54:48.000]  And there's no need to go to trial.
[01:54:48.000 --> 01:54:51.000]  Therefore, there's no need to go to trial.
[01:54:51.000 --> 01:54:55.000]  That's what the other side is thinking, saying, or trying to show the court,
[01:54:55.000 --> 01:54:57.000]  that there's no need to go to trial.
[01:54:57.000 --> 01:55:00.000]  Here's the evidence.
[01:55:00.000 --> 01:55:01.000]  That's not evidence.
[01:55:01.000 --> 01:55:02.000]  Okay.
[01:55:02.000 --> 01:55:06.000]  Evidence supported by the affidavit of some sherry somebody.
[01:55:06.000 --> 01:55:08.000]  Not supported by squat.
[01:55:08.000 --> 01:55:10.000]  That affidavit is no good.
[01:55:10.000 --> 01:55:14.000]  Right, exactly.
[01:55:14.000 --> 01:55:15.000]  Exactly.
[01:55:15.000 --> 01:55:18.000]  Get that affidavit stricken.
[01:55:18.000 --> 01:55:21.000]  Right, if once the affidavit is stricken as hearsay,
[01:55:21.000 --> 01:55:28.000]  then all of the copies of the instruments that they've purported to base their claim upon go,
[01:55:28.000 --> 01:55:32.000]  bye-bye, say you had no evidence.
[01:55:32.000 --> 01:55:33.000]  Right.
[01:55:33.000 --> 01:55:35.000]  So move for summary judgment on the quiet title.
[01:55:35.000 --> 01:55:38.000]  You can pull that up with your own motion to summary judgment.
[01:55:38.000 --> 01:55:46.000]  Yeah, summary judgment for the opposition failed to raise a controversy.
[01:55:46.000 --> 01:55:49.000]  Right.
[01:55:49.000 --> 01:55:50.000]  Perfect.
[01:55:50.000 --> 01:55:52.000]  Now you got it.
[01:55:52.000 --> 01:55:56.000]  I knew you would get us straightened out.
[01:55:56.000 --> 01:56:01.000]  Put out that URL again, that voidjudgments.
[01:56:01.000 --> 01:56:14.000]  Right, it's voidjudgments.net, Z-O-I-D-J-U-D-G-E-M-E-N-T-S.net.
[01:56:14.000 --> 01:56:18.000]  That's judgment with an E in the middle, two Es actually.
[01:56:18.000 --> 01:56:19.000]  Yeah.
[01:56:19.000 --> 01:56:21.000]  Actually, even if they don't put the E in there,
[01:56:21.000 --> 01:56:23.000]  they'll still get to the same place because I own it.
[01:56:23.000 --> 01:56:24.000]  That's correct.
[01:56:24.000 --> 01:56:26.000]  There you go.
[01:56:26.000 --> 01:56:27.000]  Okay.
[01:56:27.000 --> 01:56:31.000]  And I did want to make a comment about the pear thing.
[01:56:31.000 --> 01:56:34.000]  I'm in shape.
[01:56:34.000 --> 01:56:35.000]  Apple.
[01:56:35.000 --> 01:56:38.000]  Yeah, apple.
[01:56:38.000 --> 01:56:45.000]  Round is a shape.
[01:56:45.000 --> 01:56:48.000]  Okay, all right.
[01:56:48.000 --> 01:56:54.000]  Maybe a great big clump with legs.
[01:56:54.000 --> 01:56:57.000]  You got other callers with situations to discuss,
[01:56:57.000 --> 01:57:01.000]  so I'm going to fold up my hands and steal off in the dark.
[01:57:01.000 --> 01:57:03.000]  Thank you very much, Jeff.
[01:57:03.000 --> 01:57:06.000]  You're great fun as always.
[01:57:06.000 --> 01:57:07.000]  Thank you.
[01:57:07.000 --> 01:57:08.000]  Talk to you later.
[01:57:08.000 --> 01:57:09.000]  And very informative.
[01:57:09.000 --> 01:57:10.000]  Bye-bye.
[01:57:10.000 --> 01:57:11.000]  Bye-bye.
[01:57:11.000 --> 01:57:14.000]  Bye-bye.
[01:57:14.000 --> 01:57:22.000]  Well, let's go to Colorado and see what kind of bee's nest Francis has kicked this time.
[01:57:22.000 --> 01:57:26.000]  Francis, good evening, my dear.
[01:57:26.000 --> 01:57:28.000]  Francis already died.
[01:57:28.000 --> 01:57:30.000]  Push the button, monkey.
[01:57:30.000 --> 01:57:31.000]  Okay.
[01:57:31.000 --> 01:57:33.000]  Hello, Francis.
[01:57:33.000 --> 01:57:34.000]  Hey.
[01:57:34.000 --> 01:57:38.000]  I was talking about you, but I swear I wasn't talking bad.
[01:57:38.000 --> 01:57:43.000]  Well, we'll talk about that over drinks one night.
[01:57:43.000 --> 01:57:46.000]  There you go.
[01:57:46.000 --> 01:57:47.000]  Hello.
[01:57:47.000 --> 01:57:51.000]  I have a question, you know, just kind of jumping off the other guys.
[01:57:51.000 --> 01:57:52.000]  Okay.
[01:57:52.000 --> 01:57:53.000]  Can you still hear me?
[01:57:53.000 --> 01:57:54.000]  Yes.
[01:57:54.000 --> 01:57:56.000]  When you're trying to change the agency.
[01:57:56.000 --> 01:57:59.000]  We're fixing to lose you because we're going to break.
[01:57:59.000 --> 01:58:02.000]  And I see we're coming to the top of the hour break.
[01:58:02.000 --> 01:58:06.000]  That means that we're going to be gone during the news.
[01:58:06.000 --> 01:58:11.000]  We got 40 seconds.
[01:58:11.000 --> 01:58:12.000]  Francis.
[01:58:12.000 --> 01:58:13.000]  Oh, yes.
[01:58:13.000 --> 01:58:15.000]  We've got a half a minute.
[01:58:15.000 --> 01:58:21.000]  Give just a very tip of what you want to talk about when you come back.
[01:58:21.000 --> 01:58:26.000]  Oh, bar greed is this being brought up in court and then had approved for lack of agency.
[01:58:26.000 --> 01:58:27.000]  Perfect.
[01:58:27.000 --> 01:58:28.000]  The loss.
[01:58:28.000 --> 01:58:32.000]  That'll give that mutton head over there on the other end of the microphone
[01:58:32.000 --> 01:58:36.000]  and I something to chew on over the break.
[01:58:36.000 --> 01:58:39.000]  So we will be right back, folks.
[01:58:39.000 --> 01:58:41.000]  Thank you for tuning in this Friday night.
[01:58:41.000 --> 01:58:43.000]  We'll be right back after the news.
[01:58:43.000 --> 01:58:47.000]  512-646-1984 is the number to dial.
[01:58:47.000 --> 01:58:48.000]  We'll be right back.
[01:58:48.000 --> 01:58:50.000]  Stay tuned.
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