[00:09.960 --> 00:15.040]  I'm Brian Hagin, with your Liberty Beat for Friday, November 14th, 2014.
[00:15.040 --> 00:23.360]  Gold is trading around $1,163, silver around $15.71, and bitcoin around $396.
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[00:48.160 --> 00:52.600]  In the news, the New York Times is reporting that President Obama next week plans to announce
[00:52.600 --> 00:56.080]  major changes to the immigration enforcement system.
[00:56.080 --> 01:00.440]  That means shielding up to 5 million undocumented immigrants from deportation while providing
[01:00.440 --> 01:02.360]  them with work permits.
[01:02.360 --> 01:06.500]  The paper, citing administration officials with direct knowledge of the plan, says a
[01:06.500 --> 01:11.000]  major change would allow parents of children who are legal residents to obtain legal work
[01:11.000 --> 01:15.200]  documents.
[01:15.200 --> 01:20.280]  CNN reports that President Obama is shifting U.S. policy on Syria, as he now believes that
[01:20.280 --> 01:24.980]  ISIS will not be defeated without fighting them in Iraq and Syria, as well as removing
[01:24.980 --> 01:27.260]  President Bashar al-Assad.
[01:27.260 --> 01:31.840]  Senior U.S. government officials and diplomats tell CNN the president has asked his national
[01:31.840 --> 01:37.980]  security team to review the situation in Syria to determine if a change in policy is needed.
[01:37.980 --> 01:41.800]  There are other reports that the United States is being pressured by nations who are currently
[01:41.800 --> 01:47.360]  hosting Syrian refugees, including Turkey.
[01:47.360 --> 01:52.880]  A federal judge has refused to alter the force-feeding being done to hunger striker Abu Diab by jailers
[01:52.880 --> 01:55.000]  at the Guantanamo Bay prison.
[01:55.000 --> 01:59.720]  Judge Gladys Kessler said the practice lacked compassion and common sense, yet still sided
[01:59.720 --> 02:02.040]  with the government on the practice.
[02:02.040 --> 02:05.520]  Judge Kessler said Diab's attorneys failed to prove he had his constitutional rights
[02:05.520 --> 02:06.800]  violated.
[02:06.800 --> 02:11.200]  His attorneys with human rights group Reprieve will be appealing the decision.
[02:11.200 --> 02:14.920]  They called on the American public to demand to see the force-feeding videotapes that the
[02:14.920 --> 02:18.280]  Obama administration has fought to keep private.
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[02:46.280 --> 02:50.520]  This is the Liberty Beat for Friday, November 14th, 2014.
[02:50.520 --> 02:56.800]  Check out the website at thelibertybeat.com and like us on Facebook at facebook.com slash
[02:56.800 --> 03:17.880]  the Liberty Beat.
[03:17.880 --> 03:47.320]  Mike, in Connecticut, I've got to admit, Randy
[03:47.320 --> 03:52.840]  and I got to talking about another issue over the break, and I'm sure Randy remembers where
[03:52.840 --> 03:54.720]  you were at, but I do not.
[03:54.720 --> 03:59.000]  I understand it's traffic.
[03:59.000 --> 04:06.520]  I was actually researching and sending Randy, I've got to admit that I wasn't paying attention.
[04:06.520 --> 04:07.520]  Okay.
[04:07.520 --> 04:16.200]  We've got the judge acting on his own.
[04:16.200 --> 04:22.560]  The witnesses were dismissed, the two officers that wrote that were witnesses to the traffic
[04:22.560 --> 04:23.560]  infraction.
[04:23.560 --> 04:24.560]  Okay.
[04:24.560 --> 04:25.560]  Okay.
[04:25.560 --> 04:32.560]  If the judge complained about that, unless Connecticut is a whole lot different than
[04:32.560 --> 04:39.520]  everywhere else, the prosecutor runs the prosecution, not the judge, and if the prosecutor decides
[04:39.520 --> 04:44.280]  not to call a witness, it's not any of the judge's business.
[04:44.280 --> 04:45.280]  Right.
[04:45.280 --> 04:51.240]  So what happened was her defense counsel says, your honor, I'm ready to proceed and interact
[04:51.240 --> 04:54.000]  with her.
[04:54.000 --> 04:55.320]  The judge did?
[04:55.320 --> 05:03.200]  No, no, the defense attorney heard the attorney and said, I'm ready to proceed.
[05:03.200 --> 05:14.400]  After the prosecutor dismissed the witnesses, so the judge asked the prosecution, so what
[05:14.400 --> 05:17.040]  are you asking the court to do?
[05:17.040 --> 05:23.960]  Failure to pay or plead, question mark, and the prosecution says failure to pay or plead,
[05:23.960 --> 05:25.600]  judge, and set bond.
[05:25.600 --> 05:31.600]  So basically, the judge agreed and charged her with failure to pay or plead, which is
[05:31.600 --> 05:36.240]  a Class C misdemeanor.
[05:36.240 --> 05:42.520]  So it's a willful failure to appear charged, but she was already incarcerated.
[05:42.520 --> 05:47.200]  There was nothing willful there, you know what I mean?
[05:47.200 --> 05:56.560]  That goes to 18 U.S. Code 242, and every state has a statute that reflects 18 U.S. Code 242.
[05:56.560 --> 06:00.920]  It's generally called official misconduct.
[06:00.920 --> 06:01.920]  Look it up for Connecticut.
[06:01.920 --> 06:06.200]  Yeah, I think I have that.
[06:06.200 --> 06:14.440]  So he signed the rearrest warrants, signed that, sworn to it, whatever.
[06:14.440 --> 06:20.680]  Securing and executing a document by deception, that's in Texas law, tampered with a government
[06:20.680 --> 06:24.720]  document aggravated perjury.
[06:24.720 --> 06:27.720]  Expirated perjury is a felony in most states.
[06:27.720 --> 06:31.040]  Well, here it gets worse.
[06:31.040 --> 06:32.920]  Do what?
[06:32.920 --> 06:36.280]  What happened was she...
[06:36.280 --> 06:41.520]  It was like maybe a couple of months later, this case is still on the docket, and it was
[06:41.520 --> 06:48.400]  on the clearing of the clerk's offices waiting for disposition, you know, I guess, continuing,
[06:48.400 --> 06:49.400]  you know.
[06:49.400 --> 06:55.280]  The prosecution, who I talked to, stated that she was found guilty, and you have to pay
[06:55.280 --> 07:03.960]  the $498, but there's no record of her having a trial in absentia or being found guilty
[07:03.960 --> 07:04.960]  anywhere.
[07:04.960 --> 07:11.400]  Did you file a bar grievance against the lawyer?
[07:11.400 --> 07:12.400]  Her lawyer?
[07:12.400 --> 07:13.400]  The prosecutor.
[07:13.400 --> 07:14.400]  No, the prosecutor.
[07:14.400 --> 07:15.400]  Oh, no.
[07:15.400 --> 07:16.400]  All of them.
[07:16.400 --> 07:23.800]  Bar grieve the prosecutor, and you may actually be able to sue the prosecutor.
[07:23.800 --> 07:28.040]  Prosecutor has immunity, has absolute immunity for what he does in the adjudication of the
[07:28.040 --> 07:29.040]  case.
[07:29.040 --> 07:32.040]  That was a woman.
[07:32.040 --> 07:34.240]  Or her.
[07:34.240 --> 07:41.320]  However, committing crimes is not a part of the prosecutor's job.
[07:41.320 --> 07:50.200]  Thus, what we were doing on the break, Steve, let's go to Santiago v. Mackey.
[07:50.200 --> 07:53.040]  Now, this is a Texas case.
[07:53.040 --> 07:57.880]  If you don't have a similar case under the full faith and credit, you can bring this
[07:57.880 --> 08:01.000]  one into Connecticut.
[08:01.000 --> 08:11.040]  And this makes a statement that no reasonable court of appeals can dispute.
[08:11.040 --> 08:16.000]  Are you there, Steve?
[08:16.000 --> 08:18.520]  Okay, he must have fell asleep.
[08:18.520 --> 08:25.820]  The purpose behind the rule is to allow an attorney to fulfill his duty and zealously
[08:25.820 --> 08:27.640]  represent his clients.
[08:27.640 --> 08:37.260]  In this case, we have the prosecutor whose client is the state to zealously represent
[08:37.260 --> 08:41.920]  his clients within the bounds of law.
[08:41.920 --> 08:42.920]  Mackey.
[08:42.920 --> 08:45.920]  Actually, that wasn't Mackey.
[08:45.920 --> 08:53.120]  That was Mackey citing Brant v. West.
[08:53.120 --> 08:55.680]  Yes, Brant v. West, there you go.
[08:55.680 --> 08:59.440]  But you will find this in every state.
[08:59.440 --> 09:09.320]  No state is going to say that a lawyer, even a prosecutor, can commit criminal acts in
[09:09.320 --> 09:16.160]  the adjudication of a case and representation of a client and have any kind of immunity
[09:16.160 --> 09:21.120]  for that act.
[09:21.120 --> 09:28.160]  And in the end, the only immunity, even if the courts were to rule that he's immune
[09:28.160 --> 09:38.160]  from suit, when a public official talks about immunity and they talk about qualified immunity
[09:38.160 --> 09:45.960]  and absolute immunity, there's something they leave out there.
[09:45.960 --> 09:51.320]  Immunity from civil litigation.
[09:51.320 --> 09:57.240]  There is no immunity from criminal prosecution, and I suggest that is the first place we should
[09:57.240 --> 09:59.760]  go.
[09:59.760 --> 10:02.360]  They are public officials.
[10:02.360 --> 10:03.760]  You are the master.
[10:03.760 --> 10:08.920]  I'm sorry, they're public servants, you're the master.
[10:08.920 --> 10:13.560]  They're not to forget it, and you should never forget it.
[10:13.560 --> 10:19.280]  Our criminal justice system has fallen into disarray because you and I and the rest of
[10:19.280 --> 10:24.480]  us masters have failed to perform our duty.
[10:24.480 --> 10:33.520]  I keep thinking of this statement by the prince in Romeo and Juliet where he says, and I,
[10:33.520 --> 10:40.280]  for winking at your discords have lost a brace of kinsmen.
[10:40.280 --> 10:46.520]  You and I, for winking at their discords, for not standing up and railing in righteous
[10:46.520 --> 10:53.360]  indignation the first time one of our officials steps across one of our legal lines.
[10:53.360 --> 11:00.200]  We have allowed the system to deteriorate so that at this point it's a horrible mess.
[11:00.200 --> 11:05.520]  I suggest you prepare criminal charges against that judge and against that prosecutor and
[11:05.520 --> 11:10.760]  push to get them before a grand jury, and if anybody interferes with your access to
[11:10.760 --> 11:12.880]  the grand jury, you file against them.
[11:12.880 --> 11:13.880]  And just-
[11:13.880 --> 11:15.680]  Unfortunately, we don't have grand juries.
[11:15.680 --> 11:16.680]  Pardon me?
[11:16.680 --> 11:20.840]  Unfortunately, we don't have grand juries in Connecticut.
[11:20.840 --> 11:26.440]  Okay, what do you have in place of a grand jury?
[11:26.440 --> 11:32.600]  From time to time, the judges can get together and form an investigatory grand jury for certain
[11:32.600 --> 11:35.840]  things, but that's about it.
[11:35.840 --> 11:41.160]  Okay, if you don't have a grand jury, you have something in its place.
[11:41.160 --> 11:50.160]  Pennsylvania, Pennsylvania, the district judge can convene a grand jury, but he does that
[11:50.160 --> 11:53.040]  at his discretion.
[11:53.040 --> 12:02.320]  So in place of that remedy, you as a complainant have standing, and Connecticut is also a common
[12:02.320 --> 12:04.320]  wealth, isn't it?
[12:04.320 --> 12:05.320]  No.
[12:05.320 --> 12:06.320]  No.
[12:06.320 --> 12:16.000]  You're going to have a remedy in place of grand juries, after, after, because people
[12:16.000 --> 12:24.400]  are what they are, and people tend to do what they believe is in their own personal self-interest
[12:24.400 --> 12:26.900]  whether it is or not.
[12:26.900 --> 12:31.080]  People are consistent, and they're consistently corrupt.
[12:31.080 --> 12:36.600]  All of these corrupt public officials fully understand that there are other corrupt public
[12:36.600 --> 12:41.760]  officials out there, and they need checks and balances that they can use to protect
[12:41.760 --> 12:45.040]  themselves against the other guys who are corrupt just like them.
[12:45.040 --> 12:52.480]  Well, in 1983, they got rid of the indictment requirement, except for murder cases, which
[12:52.480 --> 12:59.120]  you have a right to, for an indictment, you have a right for an indictment, as they say.
[12:59.120 --> 13:05.600]  Now it sounds kind of crazy, but the two can waive his, you know, whatever it's called.
[13:05.600 --> 13:11.360]  They have probable cause hearing indictment for murder cases, and that's it.
[13:11.360 --> 13:13.440]  Okay, we need Dan Real.
[13:13.440 --> 13:15.840]  Dan Real is in Connecticut.
[13:15.840 --> 13:19.000]  I have a suggestion.
[13:19.000 --> 13:20.400]  Get out of Connecticut.
[13:20.400 --> 13:23.600]  No, no, no, no, no.
[13:23.600 --> 13:28.000]  Send me an email, and I'll get it to Dan Real, and get Dan Real.
[13:28.000 --> 13:29.000]  I know Dan.
[13:29.000 --> 13:30.000]  I talked to him.
[13:30.000 --> 13:31.000]  Oh, okay.
[13:31.000 --> 13:34.760]  I didn't run that over with him, because he's kind of busy.
[13:34.760 --> 13:37.520]  What is the remedy?
[13:37.520 --> 13:38.520]  There is a remedy.
[13:38.520 --> 13:45.040]  How do you hold public officials responsible for failing to follow law?
[13:45.040 --> 13:49.720]  The only remedy I could think of is the duty that a prosecutor has to do a statute to investigate
[13:49.720 --> 13:52.360]  into all crimes that he's made aware of.
[13:52.360 --> 13:58.280]  Does the Attorney General in Connecticut have prosecutorial power?
[13:58.280 --> 13:59.280]  I think so.
[13:59.280 --> 14:00.280]  Okay.
[14:00.280 --> 14:02.720]  I have to check that for sure.
[14:02.720 --> 14:03.720]  Okay.
[14:03.720 --> 14:04.720]  Keep in mind-
[14:04.720 --> 14:07.200]  If there's no grand jury, he would have to.
[14:07.200 --> 14:10.920]  I would think so.
[14:10.920 --> 14:11.920]  Everything is political.
[14:11.920 --> 14:14.560]  You have to keep that in mind.
[14:14.560 --> 14:21.720]  We tend to get caught up in reading the letter of law, and we forget that it's not about
[14:21.720 --> 14:22.720]  law.
[14:22.720 --> 14:24.280]  It's about politics.
[14:24.280 --> 14:25.600]  Okay.
[14:25.600 --> 14:29.640]  That may not be right, but that's how it works.
[14:29.640 --> 14:31.480]  In the end, it's all about politics.
[14:31.480 --> 14:37.800]  When you think about the adjudication of cases, you have to consider the politics, and all
[14:37.800 --> 14:41.280]  politics is local.
[14:41.280 --> 14:44.280]  How do you use the politics to hammer the locals?
[14:44.280 --> 14:48.560]  Well, the way you do that is you go up as high as you can.
[14:48.560 --> 14:52.400]  The advantage you have is you are the master.
[14:52.400 --> 14:59.880]  The Attorney General, the Chief Justice of the Supreme Court, they are servants.
[14:59.880 --> 15:03.160]  They're public servants, and they're your servants.
[15:03.160 --> 15:07.120]  The Attorney General doesn't like me, the Assistant Attorney General.
[15:07.120 --> 15:08.120]  Good.
[15:08.120 --> 15:09.120]  That's even better.
[15:09.120 --> 15:10.120]  Yeah.
[15:10.120 --> 15:12.120]  You don't want them to like you.
[15:12.120 --> 15:18.400]  I sued a DCF agent, and he came in representing them.
[15:18.400 --> 15:20.880]  If they don't like you, that's even better.
[15:20.880 --> 15:27.760]  The only reason they don't like you is because you're a threat, and it is the squeaky wheel
[15:27.760 --> 15:28.760]  that gets greased.
[15:28.760 --> 15:30.040]  Here's the problem, though.
[15:30.040 --> 15:31.040]  Here's the problem.
[15:31.040 --> 15:35.760]  We can't appeal a case that doesn't have a judgment on it.
[15:35.760 --> 15:39.640]  Do you have a judicial conduct commission?
[15:39.640 --> 15:41.440]  Right.
[15:41.440 --> 15:45.640]  Do you have a state bar association?
[15:45.640 --> 15:47.200]  Yeah.
[15:47.200 --> 15:48.760]  Yeah.
[15:48.760 --> 15:55.120]  Sue the prosecuting attorney for malpractice.
[15:55.120 --> 15:57.240]  He collects public funds.
[15:57.240 --> 15:58.800]  You paid him.
[15:58.800 --> 16:00.560]  You should have standing.
[16:00.560 --> 16:05.120]  Go to your state's rules or code of professional conduct.
[16:05.120 --> 16:06.720]  There is remedy there.
[16:06.720 --> 16:08.600]  Oh, my God.
[16:08.600 --> 16:09.600]  That's huge.
[16:09.600 --> 16:12.200]  That's like one-third of the practice book.
[16:12.200 --> 16:15.320]  It's not as- Oh, well.
[16:15.320 --> 16:19.440]  It's not as big as it appears, and you'll read like a comic book.
[16:19.440 --> 16:20.440]  I know.
[16:20.440 --> 16:21.440]  I know.
[16:21.440 --> 16:26.520]  You'll start reading that, and you'll say, holy mackerel, I can hammer him for this,
[16:26.520 --> 16:28.840]  and I can hammer him for that.
[16:28.840 --> 16:29.840]  You will like it.
[16:29.840 --> 16:35.080]  And when you say it's voluminous, great.
[16:35.080 --> 16:37.880]  That means there's more in there to hold their feet to.
[16:37.880 --> 16:40.080]  And more they haven't read.
[16:40.080 --> 16:47.920]  Randy Kelton, Stu Stidmore, Rule of Law Radio, our call-in number 512-646-1984.
[16:47.920 --> 16:48.920]  Hang on, Mike.
[16:48.920 --> 16:51.000]  We'll pick this up on the other side.
[16:51.000 --> 16:52.000]  Give us a call.
[16:52.000 --> 16:53.000]  Get in line.
[16:53.000 --> 17:00.680]  We'll be right back.
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[19:12.120 --> 19:41.640]  Thank you for watching, and I'll see you in the next video.
[19:42.120 --> 20:11.120]  Okay.
[20:11.120 --> 20:15.240]  We are back, Randy Kelton, Steve Skidmore, Rule of Law Radio, and we're talking to Mike
[20:15.240 --> 20:16.240]  in Connecticut.
[20:16.240 --> 20:22.240]  And Matt in Texas, we see you there now.
[20:22.240 --> 20:23.240]  Okay.
[20:23.240 --> 20:24.240]  Okay.
[20:24.240 --> 20:34.120]  The second question, do you know what Prawn System is, T-R-A-W-N?
[20:34.120 --> 20:35.120]  That's a shrimp.
[20:35.120 --> 20:37.120]  I was thinking.
[20:37.120 --> 20:41.120]  Paperless re-arrest warrant network.
[20:41.120 --> 20:43.360]  Oh, no, I never heard of that.
[20:43.360 --> 20:44.360]  We don't have that here.
[20:44.360 --> 20:45.360]  Okay.
[20:45.360 --> 20:46.360]  So it's paperless.
[20:46.360 --> 20:47.360]  Paperless.
[20:47.360 --> 20:53.720]  They upload the warrants on the network, and they're available electronically throughout
[20:53.720 --> 20:56.440]  the whole state.
[20:56.440 --> 21:04.160]  So what happened was this person is in a different courthouse in Bridgeport and gets an argument
[21:04.160 --> 21:13.160]  with her attorney, and the marshal, the court marshal is there, kick her out of the building
[21:13.160 --> 21:15.000]  and they eject her.
[21:15.000 --> 21:23.920]  Her case is called, and she's charged with willful failure of her felony, but the judge
[21:23.920 --> 21:31.760]  – well, I'm not going to say issues a warrant, but he, I guess, he issues a warrant
[21:31.760 --> 21:37.640]  that's typewritten and unverified and unsigned.
[21:37.640 --> 21:38.640]  Somebody answers it.
[21:38.640 --> 21:42.000]  I guess the clerk answers it in the Prawn System.
[21:42.000 --> 21:49.080]  The bail bondsman that she's out on bail, the bail bondsman comes and picks her up,
[21:49.080 --> 21:58.800]  takes her to a different jail in Norwalk, which is about 20 miles away, and this is
[21:58.800 --> 22:04.760]  on a Friday morning, so she has a new charge of failure to appear, but the bond is revoked.
[22:04.760 --> 22:05.760]  Okay.
[22:05.760 --> 22:10.200]  Takes her to jail at 930, 10 o'clock in the morning.
[22:10.200 --> 22:21.320]  She sits there in jail from Friday morning to Monday, and then they arraign her in Norwalk,
[22:21.320 --> 22:27.920]  which is the same place they took her, even though the case was out of Bridgeport.
[22:27.920 --> 22:29.800]  She's back in jail again.
[22:29.800 --> 22:36.000]  So the question is, basically, I guess the question is about not signing a warrant.
[22:36.000 --> 22:39.440]  Is that ever an issue?
[22:39.440 --> 22:42.200]  For one, it's not verified, and it's not signed.
[22:42.200 --> 22:43.200]  It's typewritten.
[22:43.200 --> 22:44.200]  Okay.
[22:44.200 --> 22:51.280]  I can only speak to Texas law, but in Texas law, if it's not signed, the judge doesn't
[22:51.280 --> 22:54.240]  have to – if he signs it, he doesn't have to verify it.
[22:54.240 --> 22:59.240]  But if it's not signed, it's not a warrant.
[22:59.240 --> 23:00.240]  Okay.
[23:00.240 --> 23:01.240]  That's what –
[23:01.240 --> 23:05.120]  Anybody could produce a warrant.
[23:05.120 --> 23:06.120]  Quick story.
[23:06.120 --> 23:12.960]  I was in Pennsylvania, and at the time, I had people all over the country, here in Dallas
[23:12.960 --> 23:23.440]  and elsewhere, tell me about feds coming in, raiding their house, taking gold, guns, computers,
[23:23.440 --> 23:28.840]  going away, and there was never a case filed.
[23:28.840 --> 23:30.600]  Same thing happened in Pennsylvania.
[23:30.600 --> 23:38.880]  So I sent a letter to every magistrate in the state of Pennsylvania claiming that I
[23:38.880 --> 23:44.680]  had reason to believe that because of the way warrants were issued in the Fed, the Fed
[23:44.680 --> 23:51.400]  allows a magistrate to issue a warrant on the phone.
[23:51.400 --> 23:56.040]  So an agent can call the magistrate and give the magistrate probable cause on the phone,
[23:56.040 --> 24:02.880]  and the magistrate will authorize the agent to fill out a warrant.
[24:02.880 --> 24:08.360]  And what I believed was happening is these agents were just filling out warrants and
[24:08.360 --> 24:14.320]  signing them themselves, and then they go to the local police and tell the police, we
[24:14.320 --> 24:17.240]  have this warrant, and we need you to run security.
[24:17.240 --> 24:21.620]  So the police go in, they drag the people out of their house, two o'clock in the morning,
[24:21.620 --> 24:26.540]  the feds go in and steal anything they want, and then they go away, and the warrant was
[24:26.540 --> 24:28.160]  fought to them to start with.
[24:28.160 --> 24:37.240]  So you call the federal clerk and ask the clerk to see this warrant, and the clerk tells
[24:37.240 --> 24:42.000]  you, well, this warrant has been sealed.
[24:42.000 --> 24:44.520]  So you can't see it.
[24:44.520 --> 24:49.040]  There's no way to tell.
[24:49.040 --> 24:58.920]  And so I asked the magistrates to give me a listing of all of the warrants they had
[24:58.920 --> 25:07.680]  issued that were sealed and had subsequently been executed so I could petition the courts
[25:07.680 --> 25:13.240]  to have the magistrate come before the court and show cause as to why the warrants were
[25:13.240 --> 25:16.600]  still sealed after execution.
[25:16.600 --> 25:25.680]  Well, I didn't get an answer from a single magistrate, but I never heard of this happening
[25:25.680 --> 25:27.640]  again.
[25:27.640 --> 25:30.660]  So we need those protections in place.
[25:30.660 --> 25:34.920]  We need that magistrate signing that warrant.
[25:34.920 --> 25:45.880]  Otherwise, anybody can just write up a warrant, put it in your system and execute it, and
[25:45.880 --> 25:49.480]  okay, go back to politics.
[25:49.480 --> 25:58.680]  There's nothing more politically powerful than tearing apart their improper system.
[25:58.680 --> 26:03.720]  If you help this woman make the claim that the warrant under which she was arrested that
[26:03.720 --> 26:12.100]  was entered into this paperless system was a fraudulent warrant because of major problems
[26:12.100 --> 26:20.280]  with the procedure, now you're looking at getting a ruling that will make it so that
[26:20.280 --> 26:23.560]  these guys can't do their song and dance anymore.
[26:23.560 --> 26:29.760]  That's going to create a lot of political pressure to make this woman's problems go
[26:29.760 --> 26:37.520]  away and get her not to bother them anymore so that she don't screw up their little racket
[26:37.520 --> 26:41.120]  they got going here.
[26:41.120 --> 26:43.840]  I suggest you go after the judge.
[26:43.840 --> 26:48.760]  Is there a remedy against the police officer and the judge and anybody who touched her?
[26:48.760 --> 26:50.480]  Not the police officer.
[26:50.480 --> 26:52.640]  Well, it depends.
[26:52.640 --> 26:53.640]  It depends.
[26:53.640 --> 26:55.640]  Go to jurisimprudence.com.
[26:55.640 --> 26:59.840]  Are you familiar with that site?
[26:59.840 --> 27:00.840]  Yeah.
[27:00.840 --> 27:01.840]  Yeah.
[27:01.840 --> 27:04.320]  Last time I was following it, it didn't, there was something wrong with it, but it works
[27:04.320 --> 27:05.320]  now.
[27:05.320 --> 27:06.320]  Okay.
[27:06.320 --> 27:13.520]  Read the habeas corpus top front.
[27:13.520 --> 27:17.960]  It's written in Texas law, but it, for the most part, follows federal law and it walks
[27:17.960 --> 27:19.880]  right down due process.
[27:19.880 --> 27:20.880]  Yeah.
[27:20.880 --> 27:22.360]  I use, I use that.
[27:22.360 --> 27:23.360]  It's a piece of it.
[27:23.360 --> 27:24.360]  I actually find it.
[27:24.360 --> 27:25.360]  Okay.
[27:25.360 --> 27:26.360]  Okay.
[27:26.360 --> 27:31.640]  In there, you know, look at what they're doing and compare it to due process.
[27:31.640 --> 27:36.840]  And anytime there's a due process violation, you can go to federal constitutional.
[27:36.840 --> 27:43.120]  You guys have a lot of good case law in Texas on due process.
[27:43.120 --> 27:45.680]  We don't, we just don't have that up here.
[27:45.680 --> 27:51.960]  Well, I tried to get people who were looking at it to take the case law I had and like
[27:51.960 --> 27:58.800]  you could take my Texas case, put the case name in and then space Connecticut.
[27:58.800 --> 28:04.120]  And that would give you a Connecticut case that referenced these cases and you could
[28:04.120 --> 28:08.200]  convert it to Connecticut law, but I never could get anybody to do that.
[28:08.200 --> 28:13.720]  So you know, I got 50 States, I don't, I just don't have time to research.
[28:13.720 --> 28:17.640]  You know, you look at that document, that was a massive amount of research.
[28:17.640 --> 28:22.040]  Let me, let me move along to my third question because I don't want to take up too much time.
[28:22.040 --> 28:24.800]  The third question is about constructive position.
[28:24.800 --> 28:25.800]  You know what that is?
[28:25.800 --> 28:26.800]  Yes.
[28:26.800 --> 28:27.800]  Okay.
[28:27.800 --> 28:33.160]  That's when you either have it in your hand or you have it in a place that you control.
[28:33.160 --> 28:35.360]  Well, yeah, exactly.
[28:35.360 --> 28:39.040]  That's what it says in Connecticut in some place that you control.
[28:39.040 --> 28:40.040]  Okay.
[28:40.040 --> 28:41.040]  So here's the scenario.
[28:41.040 --> 28:44.600]  There's three people in a car that get pulled over.
[28:44.600 --> 28:49.320]  The center Cox officer, he asked each one of them if they have anything to leave on
[28:49.320 --> 28:50.320]  the car.
[28:50.320 --> 28:51.320]  They say no.
[28:51.320 --> 28:59.000]  But the third one says, yeah, I got some marijuana in my pocket on her possession cop issues
[28:59.000 --> 29:00.000]  a ticket.
[29:00.000 --> 29:03.920]  Can I get the ticket for a small amount system fraction?
[29:03.920 --> 29:09.280]  He issues a ticket, three tickets, one for each in person in the car on the basis of
[29:09.280 --> 29:16.520]  constructive constructive possession because the one person had it, including that should
[29:16.520 --> 29:24.960]  get criminal complaints against the officer and the person that actually had it in their
[29:24.960 --> 29:25.960]  possession.
[29:25.960 --> 29:26.960]  They pled guilty.
[29:26.960 --> 29:27.960]  They had fine.
[29:27.960 --> 29:34.560]  So really it's already been settled.
[29:34.560 --> 29:36.520]  The officer knew exactly what he was doing.
[29:36.520 --> 29:41.360]  He knew that the average conviction rate for all crimes across the board in every state
[29:41.360 --> 29:44.280]  is 99.6.
[29:44.280 --> 29:45.280]  Everybody takes the deal.
[29:45.280 --> 29:47.720]  I'll address that when we come back.
[29:47.720 --> 29:50.400]  Randy Kelton, Steve Skidmore, Rule of Law Radio.
[29:50.400 --> 29:54.480]  I call in number 512-646-1984.
[29:54.480 --> 29:55.480]  Give us a call.
[29:55.480 --> 29:56.480]  Get in line.
[29:56.480 --> 29:58.480]  We'll be right back.
[29:58.480 --> 30:02.800]  Put down that coffee.
[30:02.800 --> 30:06.560]  There's a chance you may be drinking it out of a carcinogenic cup.
[30:06.560 --> 30:10.820]  I'm Dr. Catherine Albrecht and I'll be back in just a moment with frightening new information
[30:10.820 --> 30:12.680]  about styrofoam.
[30:12.680 --> 30:18.000]  Your search engine is watching you, recording all your searches and creating a massive database
[30:18.000 --> 30:19.760]  of your personal information.
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[30:23.080 --> 30:26.200]  Startpage.com is the world's most private search engine.
[30:26.200 --> 30:30.320]  Startpage doesn't store your IP address, make a record of your searches or use tracking
[30:30.320 --> 30:32.600]  cookies and they're third party certified.
[30:32.600 --> 30:37.080]  If you don't like big brother spying on you, start over with Startpage.
[30:37.080 --> 30:39.680]  Great search results and total privacy.
[30:39.680 --> 30:43.100]  Startpage.com, the world's most private search engine.
[30:43.100 --> 30:47.740]  It's used for everything from packing peanuts to coffee cups, but now the U.S. Department
[30:47.740 --> 30:53.360]  of Health and Human Services says styrene, a component of styrofoam, may cause cancer.
[30:53.360 --> 30:57.640]  The government based its warning on studies that linked the chemical with lymphatic cancer
[30:57.640 --> 30:59.920]  and genetic damage.
[30:59.920 --> 31:04.920]  Styrene is used to make plastic products like pipes, carpet backing, insulation and of course
[31:04.920 --> 31:06.520]  styrofoam cups.
[31:06.520 --> 31:10.600]  Chronic exposure leads to memory loss, headaches, vertigo and tiredness.
[31:10.600 --> 31:15.640]  So don't let your kids drink out of styrofoam cups which are oh so tempting to bite down
[31:15.640 --> 31:18.280]  on and chew or pick into little pieces.
[31:18.280 --> 31:21.280]  And be sure to drink your own coffee out of a ceramic mug.
[31:21.280 --> 31:23.440]  I'm Dr. Catherine Albrecht.
[31:23.440 --> 31:30.800]  More news and information at www.catherinealbrecht.com.
[31:30.800 --> 31:32.680]  What are you thinking?
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[31:54.960 --> 31:59.160]  Call 888-910-4367 only at www.musa.org.
[31:59.160 --> 32:05.080]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[32:05.080 --> 32:08.680]  In today's America we live in an us against them society and if we the people are ever
[32:08.680 --> 32:12.880]  going to have a free society then we're going to have to stand and defend our own rights.
[32:12.880 --> 32:16.080]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.080 --> 32:20.120]  in our own private capacity and most importantly the right to due process of law.
[32:20.120 --> 32:24.480]  The courts afford us the least expensive opportunity to learn how to enforce and preserve our rights
[32:24.480 --> 32:25.480]  through due process.
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[32:29.360 --> 32:33.140]  most comprehensive teaching tool available that will help you understand what due process
[32:33.140 --> 32:35.520]  is and how to hold the courts to the rule of law.
[32:35.520 --> 32:39.520]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[32:39.520 --> 32:40.840]  ordering your copy today.
[32:40.840 --> 32:44.360]  By ordering now you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law
[32:44.360 --> 32:49.040]  Versus the Lie, video and audio of the original 2009 seminar, hundreds of research documents
[32:49.040 --> 32:50.880]  and other useful resource material.
[32:50.880 --> 32:54.120]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:54.120 --> 33:02.760]  Order your copy today and together we can have a free society we all want and deserve.
[33:02.760 --> 33:31.880]  Get free speech radio, logosradionetwork.com.
[33:31.880 --> 33:32.880]  We are back.
[33:32.880 --> 33:37.960]  Randy Kelton, Steve Skidmore with Rule of Law Radio and we're talking to Matt in Connecticut.
[33:37.960 --> 33:38.960]  Mike.
[33:38.960 --> 33:41.960]  Okay, where were we, Matt?
[33:41.960 --> 33:42.960]  Mike.
[33:42.960 --> 33:43.960]  Mike.
[33:43.960 --> 33:44.960]  Mike.
[33:44.960 --> 33:45.960]  Mike.
[33:45.960 --> 33:46.960]  Oh, that's Mike.
[33:46.960 --> 33:47.960]  It's Matt.
[33:47.960 --> 33:48.960]  It's Matt in Texas.
[33:48.960 --> 33:49.960]  That's the next one.
[33:49.960 --> 33:50.960]  Okay.
[33:50.960 --> 33:51.960]  My bad.
[33:51.960 --> 33:52.960]  I'll be fast.
[33:52.960 --> 33:53.960]  All right.
[33:53.960 --> 33:57.160]  So, just your opinion on the construct of a possession, they can't win on that one or
[33:57.160 --> 33:58.720]  they shouldn't be able to?
[33:58.720 --> 33:59.720]  No.
[33:59.720 --> 34:06.720]  So, did everybody else have their hand in his pocket?
[34:06.720 --> 34:08.600]  No.
[34:08.600 --> 34:16.200]  So they were also in constructive possession of a deadly weapon because they were in the
[34:16.200 --> 34:21.480]  vicinity of this officer that had one.
[34:21.480 --> 34:28.080]  So they could essentially just take that away from him and use it because he had it and
[34:28.080 --> 34:33.600]  he was close, so they're in constructive possession of a deadly weapon.
[34:33.600 --> 34:35.640]  Why didn't they charge him with that?
[34:35.640 --> 34:38.000]  That's a good point, yeah.
[34:38.000 --> 34:39.480]  This is absolute nonsense.
[34:39.480 --> 34:45.320]  He knows this nonsense, but he also knows that the game is rigged.
[34:45.320 --> 34:51.440]  Well, this prosecutor is the same prosecutor in the motor vehicle case and she was completely
[34:51.440 --> 34:52.440]  bluffing on this.
[34:52.440 --> 34:57.720]  She's trying to get her to plea out on that, just pay like $50 and I said, well, where
[34:57.720 --> 34:58.720]  is the police report?
[34:58.720 --> 35:00.480]  She's like, oh, I don't have it.
[35:00.480 --> 35:05.440]  So she didn't even know the facts of the case and she's just sitting here bluffing like,
[35:05.440 --> 35:09.360]  you know, you should plead guilty with him, trying to get-
[35:09.360 --> 35:18.400]  That's what they always do and everybody should start bar grieving them, everybody.
[35:18.400 --> 35:23.880]  Every time they do this stuff, they should bar grieve them.
[35:23.880 --> 35:27.480]  That really hurts them.
[35:27.480 --> 35:30.480]  I got the best question of the last.
[35:30.480 --> 35:31.480]  Okay.
[35:31.480 --> 35:32.480]  Ready?
[35:32.480 --> 35:35.320]  Steve told me to ask you what your problem is with redheads.
[35:35.320 --> 35:39.080]  Wait, I couldn't understand that.
[35:39.080 --> 35:44.200]  Steve told me on Facebook to ask you what your problem is with redheads.
[35:44.200 --> 35:45.200]  With redheads?
[35:45.200 --> 35:46.200]  Yeah.
[35:46.200 --> 35:47.200]  Redheaded-
[35:47.200 --> 35:48.200]  I did?
[35:48.200 --> 35:49.200]  To try to beat you up.
[35:49.200 --> 35:50.200]  Yeah, he's talking about redheads that-
[35:50.200 --> 35:51.200]  Oh, yeah.
[35:51.200 --> 35:52.200]  The redheaded sergeant.
[35:52.200 --> 35:53.200]  Oh, that guy.
[35:53.200 --> 35:54.200]  I know who this guy is.
[35:54.200 --> 36:09.200]  I was at a Senate subcommittee hearing, the criminal justice subcommittee hearing in Austin
[36:09.200 --> 36:21.040]  and I had a videographer there and she came to me and said that the secretary or whatever
[36:21.040 --> 36:28.120]  he was with the subcommittee hearing told her that she couldn't videotape the hearing,
[36:28.120 --> 36:34.380]  that they had their own videographers and they had it copyrighted.
[36:34.380 --> 36:38.540]  So I came down there and I went up and talked to him and I said, I understand you told my
[36:38.540 --> 36:43.520]  videographer to stop videotaping, and he told me, yeah, we have our own people doing it
[36:43.520 --> 36:45.540]  and we have it copyrighted.
[36:45.540 --> 36:48.960]  And I told him, well, it's our policy.
[36:48.960 --> 36:56.120]  I said, well, you have a policy, I have a constitution, and I have a statute that says
[36:56.120 --> 37:00.680]  you can wipe your behind with that policy where you won't be able to videotape in
[37:00.680 --> 37:01.680]  here.
[37:01.680 --> 37:02.680]  Okay.
[37:02.680 --> 37:03.680]  I got a card from him.
[37:03.680 --> 37:07.480]  I went to the lieutenant.
[37:07.480 --> 37:14.120]  I went to ask for whoever the head of security was, he actually wasn't the head, it was
[37:14.120 --> 37:15.120]  the captain.
[37:15.120 --> 37:18.080]  So when I saw he was a lieutenant, I asked him if he had a captain in the building.
[37:18.080 --> 37:20.960]  He said, well, you'll have to talk to me.
[37:20.960 --> 37:29.200]  I said, okay, I need you to come down and arrest the chairman of the criminal justice
[37:29.200 --> 37:30.200]  subcommittee.
[37:30.200 --> 37:34.200]  Why can't you arrest the chairman of the subcommittees?
[37:34.200 --> 37:35.200]  Of course you can.
[37:35.200 --> 37:38.040]  You're a certified police officer, aren't you?
[37:38.040 --> 37:39.240]  He said, yes, I am.
[37:39.240 --> 37:45.040]  And you're tasked with keeping the peace in the courthouse or in the capitol building.
[37:45.040 --> 37:49.960]  Yes, I am, and get your behind down here and arrest him for Class A misdemeanor, official
[37:49.960 --> 37:52.800]  misconduct, criminal violation 3903 penal code.
[37:52.800 --> 37:59.520]  Well, then he decided to go talk to the captain and he come out and said, the tech captain's
[37:59.520 --> 38:00.520]  not going to take your complaint.
[38:00.520 --> 38:05.080]  I said, lieutenant, I need you to go in there and tell that captain to take his chicken
[38:05.080 --> 38:08.840]  suit off.
[38:08.840 --> 38:11.160]  So they told me to go to the sergeant in arms.
[38:11.160 --> 38:18.160]  Well, I went up to the sergeant in arms office and waited a long time and I said, wait a
[38:18.160 --> 38:19.160]  minute.
[38:19.160 --> 38:20.640]  Where is the sergeant in arms?
[38:20.640 --> 38:25.480]  Well, he's down at the criminal justice subcommittee hearing.
[38:25.480 --> 38:30.320]  So you had me wait here for him when you knew he was down exactly where I needed him.
[38:30.320 --> 38:32.040]  We'll be in touch, guys.
[38:32.040 --> 38:37.360]  So I went down back to the subcommittee hearing and asked for the sergeant in arms and he
[38:37.360 --> 38:39.400]  comes out and I'm talking to him.
[38:39.400 --> 38:46.280]  There's a whole bunch of DPS guys beginning to gather around and this redheaded sergeant
[38:46.280 --> 38:47.640]  was there.
[38:47.640 --> 38:53.880]  And I turned and saw this redheaded sergeant and I said, hey, wait a minute.
[38:53.880 --> 39:00.040]  Aren't you the one that knocked my tooth out at the Secretary of State building?
[39:00.040 --> 39:02.520]  Hey, man, I never knocked your tooth out.
[39:02.520 --> 39:03.520]  I think you're the one.
[39:03.520 --> 39:10.040]  There was a redheaded sergeant on the Capitol Police that knocked my tooth out at the Secretary
[39:10.040 --> 39:11.040]  of State.
[39:11.040 --> 39:12.040]  But it wasn't me.
[39:12.040 --> 39:13.040]  I know.
[39:13.040 --> 39:14.040]  I think it was you.
[39:14.040 --> 39:20.600]  I turned around and talked to the sergeant in arms and looked back and this sergeant
[39:20.600 --> 39:23.040]  was gone.
[39:23.040 --> 39:29.440]  Well, a redheaded sergeant did knock my tooth out at the Secretary of State's building.
[39:29.440 --> 39:37.680]  And I had called 911 on the Secretary of State's police or the DPS who was acting, doing security
[39:37.680 --> 39:43.560]  for the Secretary of State building and just waiting for them to come down.
[39:43.560 --> 39:49.400]  This sergeant wanted to talk to me and kind of smooth things over because I had came down
[39:49.400 --> 39:57.240]  and called them to file a criminal complaint against a clerk for not providing a – what
[39:57.240 --> 40:02.240]  was it, Steve?
[40:02.240 --> 40:18.240]  When the Secretary of State asserts that a notary is a bona fide notary, apostille.
[40:18.240 --> 40:22.800]  An apostille is where you go to the Secretary of State where you're sending a notarized
[40:22.800 --> 40:29.240]  document out of country and the Secretary of State will verify that the notary who notarized
[40:29.240 --> 40:31.240]  the document is a valid notary.
[40:31.240 --> 40:35.440]  Well, he wouldn't give me an apostille because he didn't like my doc – she didn't like
[40:35.440 --> 40:36.440]  my document.
[40:36.440 --> 40:37.840]  So I called 911.
[40:37.840 --> 40:47.020]  They sent the DPS out there, the Capitol Police, and instead of taking my complaint, he – we
[40:47.020 --> 40:49.080]  go up to the lobby and he won't let me leave.
[40:49.080 --> 40:51.080]  He's wanting to run check on me.
[40:51.080 --> 40:52.080]  Asked me for my license.
[40:52.080 --> 40:53.080]  I said, no.
[40:53.080 --> 40:54.800]  He said, do you have a license?
[40:54.800 --> 40:55.800]  Yes, I do.
[40:55.800 --> 40:57.080]  Well, I want to see it.
[40:57.080 --> 41:01.000]  Well, you can want one hand and you know what you can do with the other and see which one
[41:01.000 --> 41:03.000]  fills up faster.
[41:03.000 --> 41:06.680]  See, I got him.
[41:06.680 --> 41:11.440]  I called 911 and he don't want to take my complaint.
[41:11.440 --> 41:16.440]  He wants to try to jerk me around instead and try to frighten and intimidate me.
[41:16.440 --> 41:20.960]  He forgot this is not the high school parking lot and he's dealing with grown-ups.
[41:20.960 --> 41:29.320]  So, he said – he kept insisting I show him my license and I said, I'll tell you what,
[41:29.320 --> 41:35.360]  if I don't show you my license, are you going to arrest me?
[41:35.360 --> 41:39.600]  He stood there and looked at me a minute and then he said, no, I said, then to heck with
[41:39.600 --> 41:40.600]  you.
[41:40.600 --> 41:47.640]  I took out my cell phone, dial 911, and asked for Austin police to come down and arrest
[41:47.640 --> 41:53.320]  this guy, because he wouldn't let me leave the Secretary of State's building until
[41:53.320 --> 41:55.600]  he won all his checks on me.
[41:55.600 --> 41:57.520]  So, I called 911.
[41:57.520 --> 42:00.200]  I want him arrested for false imprisonment.
[42:00.200 --> 42:08.640]  Well, while I went and said – I'm talking to him and then they asked me who the officer
[42:08.640 --> 42:13.840]  was and I told them and said, yes, can I speak to him?
[42:13.840 --> 42:14.840]  I said, sure.
[42:14.840 --> 42:19.840]  I handed the phone to the officer and I said, this is the 911 operator.
[42:19.840 --> 42:23.280]  They want to talk to you and I gave it to him.
[42:23.280 --> 42:24.280]  They talked a while.
[42:24.280 --> 42:27.360]  He gave me my phone back and went down and sat down on a bench and I'm writing out
[42:27.360 --> 42:32.320]  criminal complaints and then the place filled up with DPS.
[42:32.320 --> 42:37.120]  This big black guy come over, Mr. Carlton, I want to talk to you and I looked up at him.
[42:37.120 --> 42:38.120]  I'm sitting down.
[42:38.120 --> 42:41.160]  Generally, when I do this kind of stuff, I like to sit down.
[42:41.160 --> 42:44.820]  That way, I don't look aggressive and they can't accuse me of being aggressive.
[42:44.820 --> 42:45.820]  I'm sitting.
[42:45.820 --> 42:48.560]  So, I looked up at him and told him, beat it.
[42:48.560 --> 42:51.400]  Mr. Carlton, I need to ask you some questions.
[42:51.400 --> 42:52.400]  We can ask all you want to.
[42:52.400 --> 42:55.000]  I'm not going to answer.
[42:55.000 --> 42:57.960]  Mr. Carlton, I need to ask you some questions.
[42:57.960 --> 43:04.280]  I said, get lost.
[43:04.280 --> 43:09.280]  I forgot exactly how to come about but then I told him – I finally told him – when
[43:09.280 --> 43:14.640]  I told him to get lost, he said – I told him, you can ask but I'm not going to answer
[43:14.640 --> 43:15.640]  any.
[43:15.640 --> 43:18.440]  I don't know how it came about.
[43:18.440 --> 43:23.960]  He said that he could ask all the questions he wanted to and I said, yes, you can but
[43:23.960 --> 43:27.800]  I can ignore you all I want to, so get lost.
[43:27.800 --> 43:31.960]  This guy never once lost his cool.
[43:31.960 --> 43:33.800]  He was embarrassed by me.
[43:33.800 --> 43:40.880]  He was angered by me but he maintained his professional decorum and then the sergeant
[43:40.880 --> 43:45.440]  shows up and he came over, Mr. Kelton, I need to ask you some questions.
[43:45.440 --> 43:48.760]  Oh, no, I can't talk to you guys.
[43:48.760 --> 43:49.760]  Well, why not?
[43:49.760 --> 43:50.760]  You're the bad guys.
[43:50.760 --> 43:53.280]  Hang on, we'll talk about the bad guys when we come back.
[43:53.280 --> 43:59.360]  We're Andy Kelton, Steve Skidmore, Rule of Law Radio, we'll be right back.
[43:59.360 --> 44:07.960]  Hello, my name is Stuart Smith from naturespureorganics.com and I would like to invite you to come by
[44:07.960 --> 44:12.920]  our store at 1904 Guadalupe Street, Sweet D here in Austin, Texas to find brave new
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[44:36.840 --> 44:43.200]  That's 512-264-4043, naturespureorganics.com.
[44:43.200 --> 45:01.240]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.240 --> 45:04.440]  Are you the plaintiff or defendant in a lawsuit?
[45:04.440 --> 45:11.080]  Find your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course
[45:11.080 --> 45:14.960]  that will show you how in 24 hours, step by step.
[45:14.960 --> 45:18.920]  If you have a lawyer, know what your lawyer should be doing.
[45:18.920 --> 45:23.200]  If you don't have a lawyer, know what you should do for yourself.
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[45:28.040 --> 45:33.880]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
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[45:39.320 --> 45:43.640]  the principles and practices that control our American courts.
[45:43.640 --> 45:49.880]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.880 --> 45:52.440]  pro se tactics and much more.
[45:52.440 --> 46:10.200]  Please visit RuleOfLawRadio.com and click on the banner or call toll-free, 866-LAW-EASY.
[46:22.440 --> 46:33.480]  Always, I must be careful what I'm wishin' for When I'm hungry, I like to know just what
[46:33.480 --> 46:38.920]  I'm fishin' for I ain't askin' for much, I ain't tryin' to
[46:38.920 --> 46:46.360]  be no gluttin' I'm just here makin' my livin', pushin' buttons
[46:46.360 --> 46:55.800]  I get my message out to anyone in shouting distance I vote for bravery and against slaves
[46:55.800 --> 46:59.080]  Okay, we are back, Randy Kelton, Steve Skidmore, Rule of Law Radio.
[46:59.080 --> 47:03.960]  It looked like Matt didn't like my story, Mike didn't like my story, so we lost it.
[47:03.960 --> 47:12.800]  You gotta get, it was Mike in Connecticut, this is Matt, this guy is Matt in Texas.
[47:12.800 --> 47:16.160]  But anyway, it wound up that when the sergeant got there I wouldn't talk to him and when
[47:16.160 --> 47:19.760]  I told him what part of I didn't want to talk to you, do you not understand, he smashed
[47:19.760 --> 47:25.480]  me into a wall, knocked out one of my teeth, they arrested me, and big fight about that,
[47:25.480 --> 47:26.480]  but I beat him.
[47:26.480 --> 47:37.200]  And the way I beat him in court was by forcing the judge to dismiss the case to protect my
[47:37.200 --> 47:40.640]  court-appointed lawyer against, from me.
[47:40.640 --> 47:46.880]  We'll talk about that another time, we'll show you how to handle your lawyer.
[47:46.880 --> 47:50.840]  It's all politics.
[47:50.840 --> 47:55.480]  When you go to court, it's like a four-sided chessboard.
[47:55.480 --> 48:00.680]  You've got you, and then to your right you have your counsel, to your left you have counsel
[48:00.680 --> 48:01.680]  for the other side.
[48:01.680 --> 48:04.600]  I thought you were going to talk about this later.
[48:04.600 --> 48:09.280]  No, this is different, this is politics.
[48:09.280 --> 48:13.600]  You've got counsel for the other side, and you've got the judge over there.
[48:13.600 --> 48:17.640]  All three of those guys, they all have a relationship.
[48:17.640 --> 48:20.760]  You only have a relationship with your lawyer.
[48:20.760 --> 48:24.640]  So you have to understand the politics.
[48:24.640 --> 48:32.720]  So in the case, I was threatening to my lawyer because he's afraid I was going to bar-grieve
[48:32.720 --> 48:37.840]  him and make it impossible for him to practice the law.
[48:37.840 --> 48:45.200]  So the judge dismissed the case to keep me from bar-grieving my lawyer.
[48:45.200 --> 48:47.600]  Another time we'll talk about how to do this.
[48:47.600 --> 48:50.720]  That is a novel approach.
[48:50.720 --> 48:54.560]  But right now we're going to go to Matt in Texas.
[48:54.560 --> 48:56.120]  Hello, Matt.
[48:56.120 --> 48:58.160]  Hello, Matt.
[48:58.160 --> 49:03.080]  Matt, are you there?
[49:03.080 --> 49:04.800]  We must have put him to sleep.
[49:04.800 --> 49:05.800]  I had that.
[49:05.800 --> 49:06.800]  Hang on.
[49:06.800 --> 49:07.800]  Do you hear me?
[49:07.800 --> 49:08.800]  There he is.
[49:08.800 --> 49:09.800]  Hi.
[49:09.800 --> 49:10.800]  Hi.
[49:10.800 --> 49:11.800]  I'm muted out.
[49:11.800 --> 49:13.240]  Oh, you were just in time.
[49:13.240 --> 49:14.600]  I was about to use my mic-taser.
[49:14.600 --> 49:15.600]  Oh, yeah.
[49:15.600 --> 49:16.600]  We were talking last night.
[49:16.600 --> 49:28.000]  I have all kinds of—and we've spoken before—I had won a motion for summary judgment based
[49:28.000 --> 49:34.080]  on statute of limitations when I'd spoken with you and Steve once before, but they got
[49:34.080 --> 49:41.720]  a motion to extend my foreclosure case, which is in Arkansas, using the argument more or
[49:41.720 --> 49:48.120]  less that if I had made a payment after the time they had put in the original complaint,
[49:48.120 --> 49:52.760]  which would toll the statute of limitations, then that was moot.
[49:52.760 --> 49:59.400]  However, there's an interesting thing in the Arkansas property code that says something
[49:59.400 --> 50:04.920]  about the extension of a maturity date, and it says, no written or oral acknowledgment
[50:04.920 --> 50:10.940]  of indebtedness, which would be a conversation or my making a payment, I suspect, shall operate
[50:10.940 --> 50:16.200]  so far as affects the rights of third parties to extend the operation of the statute of
[50:16.200 --> 50:22.160]  limitations we referenced unless they execute and acknowledge a written agreement setting
[50:22.160 --> 50:24.960]  forth the terms of the extension.
[50:24.960 --> 50:27.760]  I didn't want to read case law to you guys, sorry.
[50:27.760 --> 50:33.960]  But I think this is kind of interesting because the people that I was paying are a third party.
[50:33.960 --> 50:35.920]  They're not the original lender.
[50:35.920 --> 50:42.160]  And as we had noted last night—I'm sorry if I'm losing you guys or going off, but
[50:42.160 --> 50:52.880]  the original lender was Fremont Investment and Loan, and I did this in 2005.
[50:52.880 --> 50:57.840]  In 2006, I got a note from Fremont, got a note from Chase.
[50:57.840 --> 51:03.000]  Officially, they both agree that this had been reassigned, and Chase is the party that
[51:03.000 --> 51:10.000]  I was talking to in 2009 when I was on my third round—as you mentioned earlier, you
[51:10.000 --> 51:13.440]  knew many people that have gone through it many times, everybody has—but I was on my
[51:13.440 --> 51:18.200]  third round of trying to do a loan mod, at least I do until I hear you guys talk.
[51:18.200 --> 51:24.560]  And it ended up being a situation there where they sent back my last payment and pretty
[51:24.560 --> 51:29.340]  much made it clear that they had no intention of trying to do anything in the best interest
[51:29.340 --> 51:33.680]  of their stockholders because they wanted to take the property and do whatever.
[51:33.680 --> 51:35.180]  But in any event—
[51:35.180 --> 51:42.840]  That would be in the best interest of the stockholders if the stockholders had credit
[51:42.840 --> 51:45.040]  default swaps.
[51:45.040 --> 51:50.240]  They had sold the note multiple times.
[51:50.240 --> 51:55.760]  In this case, I had something that was financed at 9.7 percent interest.
[51:55.760 --> 51:56.760]  It was crazy.
[51:56.760 --> 52:01.760]  It was something that they probably wouldn't have wanted to hold on to or it wouldn't have
[52:01.760 --> 52:11.160]  made them look very good, but in any event, in 2013, they finally sued me for foreclosure.
[52:11.160 --> 52:18.280]  Just before they filed their complaint, there's an assignment from Fremont with MERS to U.S.
[52:18.280 --> 52:19.280]  Bank.
[52:19.280 --> 52:25.960]  Fremont's been out of business since 2008, I think, at that point, and so they couldn't
[52:25.960 --> 52:31.360]  possibly have been an entity—and I love how you put it last night—but you were defining
[52:31.360 --> 52:36.120]  a person as a legal entity and you were saying, this is an assignment from someone who's dead.
[52:36.120 --> 52:38.680]  And I thought, okay, I like the sound of that.
[52:38.680 --> 52:41.400]  When did Fremont go out?
[52:41.400 --> 52:47.160]  2008, I think, is what I found online, but they've been out of business a long time.
[52:47.160 --> 52:49.600]  I know that much.
[52:49.600 --> 52:55.880]  So basically, I have something here that's interesting because in the state of Arkansas,
[52:55.880 --> 53:00.560]  there's a Supreme Court decision—I think it's Southwest versus something.
[53:00.560 --> 53:05.200]  Sorry, I don't know exactly how to quote it, but they were saying more or less that MERS
[53:05.200 --> 53:09.440]  doesn't have standing to act on its own.
[53:09.440 --> 53:16.360]  And in U.S. versus Bresler, which was U.S. Bank versus MERS, there's something to the
[53:16.360 --> 53:22.480]  effect there that, you know, they're saying that—or U.S. Bank is admitting that MERS
[53:22.480 --> 53:24.480]  can't assign the note.
[53:24.480 --> 53:25.960]  So I thought that was kind of interesting.
[53:25.960 --> 53:29.040]  I have a situation here where—
[53:29.040 --> 53:30.680]  Okay, hold on.
[53:30.680 --> 53:37.680]  MERS can't assign the note under its own authority.
[53:37.680 --> 53:49.640]  If MERS is legitimately an agent for the holder and is directed by the holder, then MERS can
[53:49.640 --> 53:52.920]  act as an agent for the holder, just like any other agent.
[53:52.920 --> 53:55.620]  Yeah, I'm sorry.
[53:55.620 --> 53:56.620]  But if he's dead—
[53:56.620 --> 54:01.880]  I have that, and I'm just thinking about how I'm going to put it all together whenever
[54:01.880 --> 54:08.380]  I finally file my next motion and figure out how I'm going to uncover my opportunity.
[54:08.380 --> 54:14.320]  But as far as it goes, in the Supreme Court decision from the Arkansas Supreme Court,
[54:14.320 --> 54:20.320]  they reference something from maybe like 1917, and they note—and I'll certainly quote
[54:20.320 --> 54:24.120]  this when I put it all together—but it says something to the effect that there has to
[54:24.120 --> 54:29.280]  be a grantor, a grantee, et cetera.
[54:29.280 --> 54:34.240]  And in this case, if Fremont's out of business, I don't think that's possible.
[54:34.240 --> 54:41.520]  And it's impossible that—or let me not say impossible, but improbable that if I was
[54:41.520 --> 54:48.160]  working with Chase in 2009, trying to do a workout, going through their hoops, it's
[54:48.160 --> 54:53.040]  almost impossible that there ever could have been an assignment to Chase, and I'm working
[54:53.040 --> 54:58.700]  with Chase in good faith, mind you, and then somehow they reassign it to Fremont, which
[54:58.700 --> 55:05.320]  is out of business, been renamed—that name is not on any of this stuff—and then all
[55:05.320 --> 55:07.800]  of a sudden they're making this assignment.
[55:07.800 --> 55:16.440]  So I wanted to ask you, as you said there was a Florida case that was significant, perhaps
[55:16.440 --> 55:20.400]  might have bearing in the state of Arkansas, which does things a little different from
[55:20.400 --> 55:26.160]  Texas, and they both do things very differently from Florida or New York, I think, but what
[55:26.160 --> 55:27.160]  case is this?
[55:27.160 --> 55:30.320]  This case was pretty definitive.
[55:30.320 --> 55:39.800]  We actually got this case from Jeff Sedgwick, who was just on as a caller earlier, and this
[55:39.800 --> 55:49.080]  is a case with American Wholesale Lenders, who was supposedly incorporated in the state
[55:49.080 --> 55:57.720]  of New York, when in fact it was never incorporated, and the court ruled that MERS cannot do an
[55:57.720 --> 56:04.280]  assignment for a nonexistent company.
[56:04.280 --> 56:10.040]  In this case the company never existed, but in your case they did exist at one time, but
[56:10.040 --> 56:18.680]  they no longer existed when MERS did the assignment, and if you do a search for MERS assignment
[56:18.680 --> 56:24.480]  non-existent company you'll get lots of hits, and if you have someone in Arkansas
[56:24.480 --> 56:31.720]  who can do a search in Arkansas you'll probably get a bunch of Arkansas hits on that issue.
[56:31.720 --> 56:34.840]  This is pretty straightforward.
[56:34.840 --> 56:49.640]  If you have a claim against a property, and I'm your agent, and you die, but you're
[56:49.640 --> 56:56.280]  a company so your assets don't go to probate, and you don't assign your claim to someone
[56:56.280 --> 57:00.560]  else, then on your death you've abandoned the claim.
[57:00.560 --> 57:07.920]  Okay, well there's a CIC cease and desist order against Fremont I'd read, and I don't
[57:07.920 --> 57:08.920]  see how they-
[57:08.920 --> 57:18.400]  Okay, I would suggest, especially the lawyer, the lawyer who filed the actions based on
[57:18.400 --> 57:22.800]  these fraudulent documents, sue him.
[57:22.800 --> 57:25.800]  Back to Santiago V. Mackey.
[57:25.800 --> 57:26.800]  Yeah.
[57:26.800 --> 57:29.800]  In fact, let me ask you this real quick.
[57:29.800 --> 57:36.880]  The lawyers who filed the case filed a complaint stating that the last payment that I made
[57:36.880 --> 57:39.240]  was in 2007.
[57:39.240 --> 57:46.640]  That's beyond the statute of limitations right there by 2013, and interestingly that in and
[57:46.640 --> 57:50.040]  of itself I think is enough to define it as a-
[57:50.040 --> 57:57.600]  That's statutory estoppel, and that's something, I'm sorry, that's collateral estoppel.
[57:57.600 --> 57:59.040]  They're collaterally estoppel.
[57:59.040 --> 58:05.360]  Once they've made that statement to the court, they can't unmake that statement, or perhaps
[58:05.360 --> 58:10.280]  if they did, I don't know, it's pro-tunct, but if the court, if it's not, if it's been
[58:10.280 --> 58:15.440]  in there quite a while, they're not going to be able to unmake the statement.
[58:15.440 --> 58:25.320]  Either they committed aggravated perjury when they made the statement, or, I mean if they
[58:25.320 --> 58:32.040]  did, hold on, I'm trying to do two things at once, we're about to go this way, try not
[58:32.040 --> 58:37.200]  to run over the cliff, because Steve's going to laugh at me if I run over the cliff.
[58:37.200 --> 58:44.280]  Randy Kelton, Steve Skidmore, Real Law Radio, I call in number 512-646-1984, we'll be right
[58:44.280 --> 58:45.280]  back.
[58:45.280 --> 58:50.320]  Do you guys still hear me?
[58:50.320 --> 58:54.160]  Would you like to make more definite progress in your walk with God?
[58:54.160 --> 58:59.640]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.640 --> 59:00.960]  can really help.
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[59:05.440 --> 59:06.440]  today.
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[59:24.440 --> 59:27.880]  growing in Christ, and how to build up the Church.
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[59:32.900 --> 59:58.880]  Life, call Bibles for America toll free at 888-551-0102 or visit us online at bfa.org.
[01:00:02.900 --> 01:00:08.160]  This is the Liberty Beat, your daily source for Liberty News and activist updates, online
[01:00:08.160 --> 01:00:10.040]  at thelibertybeat.com.
[01:00:10.040 --> 01:00:15.120]  I'm Bryan Hagen with your Liberty Beat for Friday, November 14th, 2014.
[01:00:15.120 --> 01:00:22.600]  Gold is trading around $1,163, silver around $15.71, and bitcoin around $396.
[01:00:22.600 --> 01:00:27.920]  Today's bitcoin price, brought to you by Express Coin, the fastest and most reliable
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[01:00:48.200 --> 01:00:52.660]  In the news, the New York Times is reporting that President Obama next week plans to announce
[01:00:52.660 --> 01:00:56.120]  major changes to the immigration enforcement system.
[01:00:56.120 --> 01:01:00.480]  That means shielding up to 5 million undocumented immigrants from deportation while providing
[01:01:00.480 --> 01:01:02.400]  them with work permits.
[01:01:02.400 --> 01:01:06.540]  The paper, citing administration officials with direct knowledge of the plan, says a
[01:01:06.540 --> 01:01:11.040]  major change would allow parents of children who are legal residents to obtain legal work
[01:01:11.040 --> 01:01:15.240]  documents.
[01:01:15.240 --> 01:01:20.320]  CNN reports that President Obama is shifting U.S. policy on Syria as he now believes that
[01:01:20.320 --> 01:01:25.020]  ISIS will not be defeated without fighting them in Iraq and Syria, as well as removing
[01:01:25.020 --> 01:01:27.320]  President Bashar al-Assad.
[01:01:27.320 --> 01:01:31.880]  Senior U.S. government officials and diplomats tell CNN the president has asked his national
[01:01:31.880 --> 01:01:38.000]  security team to review the situation in Syria to determine if a change in policy is needed.
[01:01:38.000 --> 01:01:41.840]  There are other reports that the United States is being pressured by nations who are currently
[01:01:41.840 --> 01:01:47.400]  hosting Syrian refugees, including Turkey.
[01:01:47.400 --> 01:01:52.920]  A federal judge has refused to alter the force-feeding being done to hunger striker Abu Diab by jailers
[01:01:52.920 --> 01:01:55.040]  at the Guantanamo Bay prison.
[01:01:55.040 --> 01:01:59.760]  Judge Gladys Kessler said the practice lacked compassion and common sense, yet still sided
[01:01:59.760 --> 01:02:02.080]  with the government on the practice.
[01:02:02.080 --> 01:02:05.560]  Judge Kessler said Diab's attorneys failed to prove he had his constitutional rights
[01:02:05.560 --> 01:02:06.840]  violated.
[01:02:06.840 --> 01:02:11.240]  His attorneys with human rights group Reprieve will be appealing the decision.
[01:02:11.240 --> 01:02:14.960]  They called on the American public to demand to see the force-feeding videotapes that the
[01:02:14.960 --> 01:02:18.320]  Obama administration has fought to keep private.
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[01:02:46.320 --> 01:02:50.560]  This is the Liberty Beat for Friday, November 14th, 2014.
[01:02:50.560 --> 01:02:56.840]  Check out the website at thelibertybeat.com and like us on Facebook at facebook.com slash
[01:02:56.840 --> 01:03:25.840]  the Liberty Beat.
[01:03:26.840 --> 01:03:52.400]  Welcome back to Rule Law Radio, folks.
[01:03:52.400 --> 01:03:53.400]  Matt in Texas.
[01:03:53.400 --> 01:03:56.920]  Thank you for calling in.
[01:03:56.920 --> 01:04:03.600]  Folks, the phone lines are open, 512-646-1984, and there's nobody behind Matt.
[01:04:03.600 --> 01:04:11.800]  We've got, how long have we got, we've got plenty of time, plenty of time, yeah.
[01:04:11.800 --> 01:04:19.880]  Randy and I were kind of talking about this behind the, between us over the break.
[01:04:19.880 --> 01:04:31.360]  And basically what we've got here, Fremont died, okay, talking about corporate personage
[01:04:31.360 --> 01:04:38.960]  that the corporation has every right as a man or woman to contract, effectually died
[01:04:38.960 --> 01:04:42.400]  as a corporate person in 2008.
[01:04:42.400 --> 01:04:53.040]  And then MERS claims to have assigned some type of privilege under a document in their
[01:04:53.040 --> 01:04:55.960]  record to Chase at some point.
[01:04:55.960 --> 01:04:56.960]  Is that correct?
[01:04:56.960 --> 01:04:57.960]  No.
[01:04:57.960 --> 01:05:05.880]  Well, it's US Bank as a trustee for JP Morgan Chase asset backed certificate series such
[01:05:05.880 --> 01:05:06.880]  and such.
[01:05:06.880 --> 01:05:07.880]  Okay.
[01:05:07.880 --> 01:05:08.880]  Okay.
[01:05:08.880 --> 01:05:09.880]  Okay.
[01:05:09.880 --> 01:05:25.200]  Now, let's, I like to draw comparisons.
[01:05:25.200 --> 01:05:36.200]  Let's compare this corporate person to a living individual, a living human man or woman.
[01:05:36.200 --> 01:05:43.760]  If you or I know inevitably that we're going to die, it would behoove us.
[01:05:43.760 --> 01:05:49.080]  It wouldn't necessarily behoove us, but it would certainly behoove our heirs if we had
[01:05:49.080 --> 01:05:58.040]  a last will and testament that would convey property and rights to the property and rights
[01:05:58.040 --> 01:06:06.180]  to collect or sell or dispose property or enjoy property, whatever, it's theirs.
[01:06:06.180 --> 01:06:14.320]  That must be made out before my death because my son or my daughter or my uncle or my neighbor
[01:06:14.320 --> 01:06:23.220]  cannot come along post-mortem and draft their own last will and testament and lay claim
[01:06:23.220 --> 01:06:32.160]  to my house, my car, my whatever, my drawer full of underwear, whatever.
[01:06:32.160 --> 01:06:36.520]  They have no right to do that, so apply that to corporate personage.
[01:06:36.520 --> 01:06:42.400]  Once, now there's, Randy brought up a very important part.
[01:06:42.400 --> 01:06:52.720]  The difference between man and woman and corporate person is that the man woman has the advantage
[01:06:52.720 --> 01:07:00.560]  of going to probate, of all the assets going into probate, a corporation cannot do that.
[01:07:00.560 --> 01:07:07.120]  Therefore that reinforces the fact that before that corporate person dies, before the business
[01:07:07.120 --> 01:07:17.320]  goes out of business, they must assign that to whoever the agent would because the agent
[01:07:17.320 --> 01:07:21.640]  cannot act alone.
[01:07:21.640 --> 01:07:35.120]  If MERS is the agent, MERS cannot post-mortem draft a will per se.
[01:07:35.120 --> 01:07:38.340]  So what of the assignment?
[01:07:38.340 --> 01:07:40.660]  What of its validity?
[01:07:40.660 --> 01:07:48.920]  We spoke earlier at the beginning of the show, actually when Jeff called in, he raised a
[01:07:48.920 --> 01:07:52.060]  very good point.
[01:07:52.060 --> 01:07:59.040]  If it didn't make it in the trust in time, did it make it in the trust at all?
[01:07:59.040 --> 01:08:03.000]  No, no, no.
[01:08:03.000 --> 01:08:12.080]  So if the assignment was made post-mortem, in the context of corporate personage, what
[01:08:12.080 --> 01:08:13.080]  of the assignment?
[01:08:13.080 --> 01:08:20.680]  What of its validity?
[01:08:20.680 --> 01:08:26.880]  What of its force and effect of law?
[01:08:26.880 --> 01:08:31.160]  Where does this thing ever get traction?
[01:08:31.160 --> 01:08:40.000]  It's as if a trustee, I mean, I'm drawing a comparison here, but it's as if a trustee
[01:08:40.000 --> 01:08:51.320]  were to draft a will conveying everything to someone else without a will being in place.
[01:08:51.320 --> 01:08:58.000]  Can I say something?
[01:08:58.000 --> 01:08:59.240]  Can't do it.
[01:08:59.240 --> 01:09:00.240]  It's a legal impossibility.
[01:09:00.240 --> 01:09:01.240]  Yeah.
[01:09:01.240 --> 01:09:02.240]  I love it.
[01:09:02.240 --> 01:09:09.600]  It's my opinion and I'm sticking to it.
[01:09:09.600 --> 01:09:13.880]  Take it for what it's worth.
[01:09:13.880 --> 01:09:14.880]  I love it.
[01:09:14.880 --> 01:09:17.640]  There's case law that seems to support it.
[01:09:17.640 --> 01:09:19.560]  I talked to an attorney...
[01:09:19.560 --> 01:09:22.820]  That's the best place to, yeah.
[01:09:22.820 --> 01:09:29.700]  Let me go back on something that Randy said 150,000 times maybe.
[01:09:29.700 --> 01:09:32.360]  Never make a proactive statement from your own mouth.
[01:09:32.360 --> 01:09:35.520]  Always make a proactive statement from the mouth of the court.
[01:09:35.520 --> 01:09:38.520]  Case law, case law, case law.
[01:09:38.520 --> 01:09:51.400]  Not that I'm a big fan of Google, but Google scholars, the poor man's Lexus, use it.
[01:09:51.400 --> 01:10:01.360]  A whole lot simpler than Westlaw or Lexus, I'm telling you.
[01:10:01.360 --> 01:10:12.200]  So Google scholar may not be admissible, but it's a good place to start.
[01:10:12.200 --> 01:10:13.680]  It's a place to make your argument.
[01:10:13.680 --> 01:10:14.680]  Oh, sure.
[01:10:14.680 --> 01:10:19.800]  I think I can use Lexus and Exus at the University of Texas.
[01:10:19.800 --> 01:10:22.080]  I live in Austin, so I might try that.
[01:10:22.080 --> 01:10:23.080]  Oh, good.
[01:10:23.080 --> 01:10:24.080]  Yeah.
[01:10:24.080 --> 01:10:25.080]  There you go.
[01:10:25.080 --> 01:10:26.800]  Well, let me ask you guys about this.
[01:10:26.800 --> 01:10:30.480]  I have, in addition to this, and it makes all the sense of the world, is they're not
[01:10:30.480 --> 01:10:31.520]  in business.
[01:10:31.520 --> 01:10:36.760]  They can't ask MERS to act on their behalf to assign this to U.S. banks.
[01:10:36.760 --> 01:10:43.160]  So this couldn't be an assignment that would hold any water.
[01:10:43.160 --> 01:10:48.520]  And I suppose under those circumstances, since they're asking for $200,000 and all other
[01:10:48.520 --> 01:10:58.480]  appropriate remedies or whatever, I may have to ask for three times damages on that.
[01:10:58.480 --> 01:11:02.840]  You've got to meet elements for trebling damages.
[01:11:02.840 --> 01:11:04.400]  Okay.
[01:11:04.400 --> 01:11:07.960]  Well, that's...
[01:11:07.960 --> 01:11:18.840]  Those elements simply go to fraud, and that's exactly what this goes to.
[01:11:18.840 --> 01:11:22.280]  They're trying to collect on a claim they do not hold.
[01:11:22.280 --> 01:11:30.160]  They make statements of fact that they know are untrue.
[01:11:30.160 --> 01:11:31.160]  That's fraud per se.
[01:11:31.160 --> 01:11:35.320]  It's a fraudulent misrepresentation of material fact.
[01:11:35.320 --> 01:11:43.080]  And they make those statements knowing that you do not have equal access to the information.
[01:11:43.080 --> 01:11:46.200]  They intend that you accept their statements as true.
[01:11:46.200 --> 01:11:49.640]  You did accept their statements as true and were harmed thereby.
[01:11:49.640 --> 01:11:55.760]  Or they intended that the court accept those statements as true, and the court did accept
[01:11:55.760 --> 01:12:00.720]  those statements as true, and you were harmed thereby.
[01:12:00.720 --> 01:12:08.360]  The court accepted them as true as the court granted them standing to initiate a civil
[01:12:08.360 --> 01:12:13.120]  action based on these false statements.
[01:12:13.120 --> 01:12:16.620]  Because of that, you were forced to defend yourself from the suit.
[01:12:16.620 --> 01:12:24.800]  We should get all the elements of no fraud per se, however you want to articulate it,
[01:12:24.800 --> 01:12:28.120]  fraud by...
[01:12:28.120 --> 01:12:32.800]  What term did you use, Steve?
[01:12:32.800 --> 01:12:36.040]  It wasn't non-disclosure.
[01:12:36.040 --> 01:12:42.080]  That's not non-disclosure, it's fraud per se, where they made a representation that
[01:12:42.080 --> 01:12:43.080]  was untrue.
[01:12:43.080 --> 01:12:47.920]  Oh, yeah, a fraudulent misrepresentation of material fact.
[01:12:47.920 --> 01:12:56.440]  They knew it was untrue or should have known, they had imputed knowledge that it was untrue.
[01:12:56.440 --> 01:13:01.680]  And they intended that you accept it as true or that the court accepted as true, and the
[01:13:01.680 --> 01:13:05.680]  court did accept it as true, and you were harmed thereby.
[01:13:05.680 --> 01:13:06.680]  That's enough.
[01:13:06.680 --> 01:13:09.600]  Did I miss a element, Steve?
[01:13:09.600 --> 01:13:10.600]  Nope.
[01:13:10.600 --> 01:13:14.200]  They said, you should have that claim.
[01:13:14.200 --> 01:13:17.080]  But then in the end, you can ask for anything you want to.
[01:13:17.080 --> 01:13:21.480]  Intent, I mean, yeah, all of the above would show intent.
[01:13:21.480 --> 01:13:22.480]  Yeah.
[01:13:22.480 --> 01:13:25.480]  You can ask for anything you want to.
[01:13:25.480 --> 01:13:32.000]  We do a calculation on fraudulent fees, and we get this large number.
[01:13:32.000 --> 01:13:39.680]  And we expect that the other side will argue the number down, we don't care, because at
[01:13:39.680 --> 01:13:47.560]  the end of the day, the jury is going to remember one number, no matter how much haggling over
[01:13:47.560 --> 01:13:50.760]  that amount goes on in the courtroom.
[01:13:50.760 --> 01:13:55.540]  They're going to remember the number you walked in the door with.
[01:13:55.540 --> 01:13:58.100]  Both sides know that.
[01:13:58.100 --> 01:14:02.840]  So you walk in the door with the biggest number you can.
[01:14:02.840 --> 01:14:08.580]  And unless you can really get them upset at these guys, there's a good chance you can.
[01:14:08.580 --> 01:14:14.680]  If you show them the kinds of fees on the HUD-1 that's fraudulent, and the jury goes
[01:14:14.680 --> 01:14:19.320]  home and looks at their HUD-1 and sees the same kind of fees, they are not going to be
[01:14:19.320 --> 01:14:20.320]  happy campers.
[01:14:20.320 --> 01:14:21.320]  Oh, I love you guys.
[01:14:21.320 --> 01:14:22.320]  Politics on a local level.
[01:14:22.320 --> 01:14:23.320]  All politics is love.
[01:14:23.320 --> 01:14:24.320]  I'm sure here we have arrest for violations.
[01:14:24.320 --> 01:14:36.760]  I'm not sure if I'm going to say this right.
[01:14:36.760 --> 01:14:42.680]  But there are violations of the doctrine of laches, such that, you know, as they work
[01:14:42.680 --> 01:14:47.840]  with me, they're stretching this out and the amount that they might even claim against
[01:14:47.840 --> 01:14:51.200]  me becomes larger and larger.
[01:14:51.200 --> 01:14:57.000]  In my case, I have a situation where I have known robo-signers on the assignments.
[01:14:57.000 --> 01:15:01.520]  I have Michael Cook on the original assignment, and I just find stuff online about it.
[01:15:01.520 --> 01:15:03.240]  OK, hold on, hold on.
[01:15:03.240 --> 01:15:12.520]  Have you sent a letter to every entity for which these alleged robo-signers signed requesting
[01:15:12.520 --> 01:15:15.520]  evidence of power of attorney for the robo-signer?
[01:15:15.520 --> 01:15:18.760]  No, but I will.
[01:15:18.760 --> 01:15:20.240]  Do that.
[01:15:20.240 --> 01:15:25.120]  You can go to the court and say, Your Honor, this guy's a robo-signer.
[01:15:25.120 --> 01:15:31.100]  While his name is splattered all over the Internet, the court's going to say, so what?
[01:15:31.100 --> 01:15:37.520]  That does not mean that he does not have authority to sign in this instance.
[01:15:37.520 --> 01:15:40.680]  So you go to the court and say, Your Honor, this guy's a robo-signer, his name's splattered
[01:15:40.680 --> 01:15:41.820]  all over the Internet.
[01:15:41.820 --> 01:15:46.680]  So I sent a letter to his alleged principal and requested evidence of power of attorney
[01:15:46.680 --> 01:15:48.560]  for this person.
[01:15:48.560 --> 01:15:51.480]  I did not receive a responsive answer.
[01:15:51.480 --> 01:15:58.520]  Therefore, I have reason to believe and do believe that he's a robo-signer.
[01:15:58.520 --> 01:16:01.180]  Now the judge has something he can work with.
[01:16:01.180 --> 01:16:03.420]  Do the same thing for every notary.
[01:16:03.420 --> 01:16:09.400]  Ask the notary for evidence of the verification.
[01:16:09.400 --> 01:16:14.640]  I'd like to do it for a three-day period, a day before and a day after.
[01:16:14.640 --> 01:16:21.680]  It's even better if you send a request—have somebody else send a request instead of you
[01:16:21.680 --> 01:16:26.760]  so they don't know which one to look for or which one to forge.
[01:16:26.760 --> 01:16:33.720]  Yes, but are you saying that's supposed to be a request sent to the notary?
[01:16:33.720 --> 01:16:34.720]  Yeah.
[01:16:34.720 --> 01:16:43.040]  Ask the notary for proof that they actually produced this verification and it wasn't
[01:16:43.040 --> 01:16:44.040]  forged.
[01:16:44.040 --> 01:16:45.040]  Okay.
[01:16:45.040 --> 01:16:47.200]  If they don't answer, you have reason to believe it's forged.
[01:16:47.200 --> 01:16:48.200]  Hang on.
[01:16:48.200 --> 01:16:50.200]  Randy Kelton, Steve Skidmore, Reublar Radio.
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[01:19:24.960 --> 01:19:36.960]  Okay, we are back, Randy Kelton, Steve Skidmore, Roodlaw Radio, and we're talking to Matt in
[01:19:36.960 --> 01:19:37.960]  Texas.
[01:19:37.960 --> 01:19:49.400]  Matt, in your case, since your pre-foreclosure, I would suggest that you file a quiet title
[01:19:49.400 --> 01:19:52.720]  action.
[01:19:52.720 --> 01:19:57.680]  That title action is essentially a petition for declaratory judgment, and you file the
[01:19:57.680 --> 01:20:03.960]  action against the assignment.
[01:20:03.960 --> 01:20:11.440]  And the guy, Jeff Kelly, is the lawyer that Steve Skidmore works for.
[01:20:11.440 --> 01:20:17.000]  He's the one that got the precedent set that says that you have the right to challenge
[01:20:17.000 --> 01:20:23.600]  the assignment, and I'll get the name of the case as soon as Steve gets back.
[01:20:23.600 --> 01:20:39.840]  But file a petition for quiet title as concerns the assignment, and I look at it, the assignee
[01:20:39.840 --> 01:20:50.640]  would not have standing here, only the assignor, so I would look at filing a quiet title and
[01:20:50.640 --> 01:21:00.160]  naming as defendant the assignor because that's the one that claimed to have taken this action.
[01:21:00.160 --> 01:21:05.840]  The assignee's name's not on there anywhere, just like the lender's name's not on your
[01:21:05.840 --> 01:21:07.580]  security instrument.
[01:21:07.580 --> 01:21:14.440]  So all of the statements made in the document are made by the assignor.
[01:21:14.440 --> 01:21:21.720]  There's nothing for the assignee, you know, I would say they have no standing to argue
[01:21:21.720 --> 01:21:26.960]  about the validity of the instrument because they didn't produce it, they just received
[01:21:26.960 --> 01:21:27.960]  it.
[01:21:27.960 --> 01:21:34.680]  Objection, Your Honor, the borrower was not a party to that transaction and therefore
[01:21:34.680 --> 01:21:40.880]  has no right to challenge the assignment.
[01:21:40.880 --> 01:21:47.820]  That's the one I referenced, Kelly beat that one, and so you do have standing to raise
[01:21:47.820 --> 01:21:48.820]  that issue.
[01:21:48.820 --> 01:21:59.360]  What I was suggesting that he only named the assignor and not the assignee because your
[01:21:59.360 --> 01:22:08.360]  claim is against the assignor, you're not claiming that the assignee illegally accepted
[01:22:08.360 --> 01:22:14.640]  assignment, but that the assignor illegally made the assignment.
[01:22:14.640 --> 01:22:26.560]  So you only name MERS and claim that the assignment is fraud, is fraudulent as the term is defined
[01:22:26.560 --> 01:22:34.840]  by 51901C, Texas Government Code, that it's apparent on its face that it's fraudulent
[01:22:34.840 --> 01:22:49.880]  because it purports to be an assignment by Fremont when Fremont did not exist, and only
[01:22:49.880 --> 01:22:58.480]  ask for an order declaring that the document is fraudulent and ask the court to rule that
[01:22:58.480 --> 01:22:59.480]  it's void.
[01:22:59.480 --> 01:23:06.040]  Do not ask for anything else and do not let the judge grant anything else because if they
[01:23:06.040 --> 01:23:14.400]  want to screw you, they'll grant a claim against the transferor and that will invalidate the
[01:23:14.400 --> 01:23:16.040]  quiet title.
[01:23:16.040 --> 01:23:24.200]  Judges do dirty rotten scoundrels too sometimes.
[01:23:24.200 --> 01:23:32.720]  So in this case, the assignee would be the US Bank, which is the plaintiff in the case,
[01:23:32.720 --> 01:23:34.440]  but my issue is not with them.
[01:23:34.440 --> 01:23:41.360]  The issue in the assignment is that MERS made this assignment because Fremont's out of business.
[01:23:41.360 --> 01:23:47.200]  And all in all, I need to simply cite a little piece of case law that comes down from the
[01:23:47.200 --> 01:23:48.200]  Supreme Court.
[01:23:48.200 --> 01:23:56.920]  It doesn't matter how dirty the judge is, he's not going to mess with them, I suppose.
[01:23:56.920 --> 01:24:00.400]  Why is it necessary to have something from the Supreme?
[01:24:00.400 --> 01:24:08.360]  Oh, it's not, but in the state of Arkansas, there happens to be such a thing in this case
[01:24:08.360 --> 01:24:16.680]  Southwest versus something or other, and I'm so sorry, I can't quote this stuff, but as
[01:24:16.680 --> 01:24:25.320]  far as it goes, I think Montana did the same thing from looking at stuff online, but Arkansas
[01:24:25.320 --> 01:24:31.440]  Supreme Court notes that MERS doesn't have authority in and of its own to make assignments.
[01:24:31.440 --> 01:24:37.640]  They are in this situation working essentially on behalf of some organization.
[01:24:37.640 --> 01:24:44.440]  So this is a really rock solid sounding situation, if I put it just the way, I wrote down every
[01:24:44.440 --> 01:24:47.760]  word you said, so I like it.
[01:24:47.760 --> 01:24:48.760]  In this case...
[01:24:48.760 --> 01:24:49.760]  Okay, okay.
[01:24:49.760 --> 01:24:53.680]  Be real careful when you make the claim.
[01:24:53.680 --> 01:24:57.560]  That's really important how you make that claim.
[01:24:57.560 --> 01:25:05.640]  You want to give the court a single issue to look at and an issue that's really easy
[01:25:05.640 --> 01:25:11.400]  to wrap the brain around, and making a transfer for a dead guy is a good one.
[01:25:11.400 --> 01:25:23.440]  You might do a search for New York Judge Schreck, S-H-R-E-C-K, and Vampire Linder.
[01:25:23.440 --> 01:25:35.920]  I just put together an objection to summary judgment motion to motion to dismiss, and
[01:25:35.920 --> 01:25:42.640]  in there I made the reference of a transfer for a dead guy.
[01:25:42.640 --> 01:25:50.840]  And then right after that, I quoted Judge Schreck out of New York, who called this non-existent
[01:25:50.840 --> 01:25:54.160]  measure of Vampire Linder.
[01:25:54.160 --> 01:25:59.160]  So it meshed really nice together, I'm making an allegation of a dead guy and that sounds
[01:25:59.160 --> 01:26:07.440]  kind of absurd, but the judge out of New York is even more absurd and more emphatic, so
[01:26:07.440 --> 01:26:12.600]  they worked very well together.
[01:26:12.600 --> 01:26:14.560]  I definitely intend to have some fun.
[01:26:14.560 --> 01:26:19.320]  They've been very rhetorical and they pretty much gave the dog-ate-my-homework excuse relative
[01:26:19.320 --> 01:26:27.120]  to my motion to dismiss for partial summary judgment based on statute of limitations originally.
[01:26:27.120 --> 01:26:30.720]  This I wanted to ask you about real quick, I know your show won't last forever as long
[01:26:30.720 --> 01:26:31.720]  as I have you.
[01:26:31.720 --> 01:26:37.800]  You said something about collateral estoppel, and if they filed a complaint saying last
[01:26:37.800 --> 01:26:44.040]  payment I made was in 2007, the advice I've gotten from a friend of mine who's an attorney
[01:26:44.040 --> 01:26:51.160]  but who doesn't really frankly know what you know about this issue, more or less he had
[01:26:51.160 --> 01:26:56.880]  said they need to have a business record in order to prove this debt and we need to make
[01:26:56.880 --> 01:26:58.840]  some requests for that if it keeps going.
[01:26:58.840 --> 01:27:05.880]  In this case I don't have to worry about any of that, but I won because they didn't respond
[01:27:05.880 --> 01:27:12.960]  to my motion, it was absolutely unopposed in every way and then they filed this motion
[01:27:12.960 --> 01:27:17.440]  to non-suit this whole thing, I beat that, I talked to you guys about that.
[01:27:17.440 --> 01:27:20.280]  Wait a minute, hold on.
[01:27:20.280 --> 01:27:25.360]  You beat the non-suit and you were past limitations?
[01:27:25.360 --> 01:27:32.800]  Forgive me, let me, I guess I have to make that clear, I'm sorry.
[01:27:32.800 --> 01:27:41.920]  I wanted in June a motion for partial summary judgment based on the statute of limitations
[01:27:41.920 --> 01:27:48.280]  being told since they were making the claim that in 2007 I made the last payment.
[01:27:48.280 --> 01:27:51.040]  Statute of limitations pertaining to what?
[01:27:51.040 --> 01:28:02.000]  Oh, to foreclosure, being five years in this case, and if I hadn't, the weird situation
[01:28:02.000 --> 01:28:09.520]  here is when this was assigned, I'll introduce it this way, when this was assigned from Fremont
[01:28:09.520 --> 01:28:16.440]  via MERS to US Bank, it was signed by a vice president of MERS, this vice president happens
[01:28:16.440 --> 01:28:24.600]  to be an employee actually of the servicing agent SPS that had sent me information as
[01:28:24.600 --> 01:28:29.680]  I'm being sued, they sent me information saying they wanted to work with me and maybe
[01:28:29.680 --> 01:28:32.480]  do a deed in lieu of foreclosure.
[01:28:32.480 --> 01:28:37.640]  At this point I didn't know anything the likes of what I know now from listening to you and
[01:28:37.640 --> 01:28:43.320]  doing some internet research, but mostly from you guys, so thank you both, but I tell you,
[01:28:43.320 --> 01:28:47.720]  I wanted to do a deed in lieu of foreclosure, I didn't necessarily want to file bankruptcy,
[01:28:47.720 --> 01:28:52.560]  I wanted to get this over with, I've been dealing with this for many years, and as far
[01:28:52.560 --> 01:29:00.760]  as it all goes, I had made a, just trying to continue this lawsuit, they said they wouldn't
[01:29:00.760 --> 01:29:04.600]  stop the lawsuit, they couldn't do that, and I said why don't we do that, I'll give you
[01:29:04.600 --> 01:29:09.720]  everything you want, we'll do this deed in lieu of foreclosure, I gave them everything
[01:29:09.720 --> 01:29:16.680]  they wanted, they never really wanted to do it, found that out by December, but it turned
[01:29:16.680 --> 01:29:23.160]  out that I think I made a response to their complaint, and I made that within 30 days,
[01:29:23.160 --> 01:29:29.880]  in that response I did something very stupid, as many may do if they're not paying attention,
[01:29:29.880 --> 01:29:36.840]  but I said, I had tried to make payments after that date, they were wrong, trying to show
[01:29:36.840 --> 01:29:39.200]  there was something wrong there.
[01:29:39.200 --> 01:29:45.440]  Okay hang on, we're about to go to break, this is Randy Kelton, Steve Skidmore, Rule
[01:29:45.440 --> 01:29:52.120]  of Law Radio, I call in number 5126461984, we've got two more segments, so if you have
[01:29:52.120 --> 01:30:02.480]  a question or comment, give us a call, we'll be right back.
[01:30:02.480 --> 01:30:07.080]  We've all seen movies where the bad guys plant a bug in someone's office, but what if the
[01:30:07.080 --> 01:30:10.480]  government secretly bugged thousands of innocent people?
[01:30:10.480 --> 01:30:14.560]  I'm Dr. Catherine Albrecht, and I'll be back in a moment to tell you where it actually
[01:30:14.560 --> 01:30:16.440]  happened.
[01:30:16.440 --> 01:30:18.040]  Privacy is under attack.
[01:30:18.040 --> 01:30:22.440]  When you give up data about yourself, you'll never get it back again, and once your privacy
[01:30:22.440 --> 01:30:26.420]  is gone, you'll find your freedoms will start to vanish too.
[01:30:26.420 --> 01:30:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:32.000 --> 01:30:34.180]  Privacy, it's worth hanging onto.
[01:30:34.180 --> 01:30:38.480]  This public service announcement is brought to you by StartPage.com, the private search
[01:30:38.480 --> 01:30:42.020]  engine alternative to Google, Yahoo, and Bing.
[01:30:42.020 --> 01:30:45.400]  Start over with StartPage.
[01:30:45.400 --> 01:30:47.400]  It's the toll transponder from hell.
[01:30:47.400 --> 01:30:51.080]  You know the easy pass people stick on their windshields to pay for tolls?
[01:30:51.080 --> 01:30:55.240]  Here in the U.S., they track each time you pass through a toll booth.
[01:30:55.240 --> 01:30:59.400]  That's pretty bad, but it's nothing compared to what they did in China.
[01:30:59.400 --> 01:31:03.800]  According to a Hong Kong newspaper, the Chinese government secretly hid powerful listening
[01:31:03.800 --> 01:31:08.240]  devices in the windshield transponders issued to Chinese drivers.
[01:31:08.240 --> 01:31:13.480]  Experts say the devices could pick up conversations and transmit them miles away to government
[01:31:13.480 --> 01:31:15.000]  authorities.
[01:31:15.000 --> 01:31:19.120]  Thousands of innocent people are believed to have been spied on in this way since 2007.
[01:31:19.120 --> 01:31:23.120]  Talk about a Trojan horse, or a Chinese one.
[01:31:23.120 --> 01:31:25.120]  I'm Dr. Catherine Albrecht.
[01:31:25.120 --> 01:31:30.560]  More news and information at CatherineAlbrecht.com.
[01:31:30.560 --> 01:31:31.560]  I lost my son.
[01:31:31.560 --> 01:31:32.560]  My nephew.
[01:31:32.560 --> 01:31:33.560]  My uncle.
[01:31:33.560 --> 01:31:34.560]  My son.
[01:31:34.560 --> 01:31:35.560]  On September 11th, 2001.
[01:31:35.560 --> 01:31:38.760]  Most people don't know that a third tower fell on September 11th.
[01:31:38.760 --> 01:31:42.960]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[01:31:42.960 --> 01:31:48.800]  Although the official explanation is that fire brought down Building 7, over 1,200 architects
[01:31:48.800 --> 01:31:52.600]  and engineers have looked into the evidence and believe there is more to the story.
[01:31:52.600 --> 01:31:54.040]  Bring justice to my son.
[01:31:54.040 --> 01:31:55.040]  My uncle.
[01:31:55.040 --> 01:31:56.040]  My nephew.
[01:31:56.040 --> 01:31:57.040]  My son.
[01:31:57.040 --> 01:31:58.040]  Go to buildingwhat.org.
[01:31:58.040 --> 01:32:01.160]  Why it fell, why it matters, and what you can do.
[01:32:01.160 --> 01:32:04.920]  After work, I'm so tired that I want to be left alone to sleep.
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[01:32:11.440 --> 01:32:12.720]  Do you remember that?
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[01:32:38.960 --> 01:32:40.240]  You can be your own doctor.
[01:32:40.240 --> 01:32:43.480]  I want to keep you out of the hospital and off pharmaceuticals.
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[01:32:49.840 --> 01:32:52.680]  Call 888-910-4367.
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[01:32:55.540 --> 01:32:58.720]  Or visit microplantpowder.com.
[01:32:58.720 --> 01:32:59.720]  Microplantpowder.com.
[01:32:59.720 --> 01:33:16.040]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[01:33:16.040 --> 01:33:36.800]  Thanks for listening.
[01:33:36.800 --> 01:33:55.280]  And I say, Truth in nature must be justice, I believe
[01:33:55.280 --> 01:34:03.360]  Truth in nature must be justice And though it's a daunting task
[01:34:03.360 --> 01:34:09.680]  At least I got the piece of sea to last And I'm all to just take off the silly mask
[01:34:09.680 --> 01:34:10.680]  It's just a-
[01:34:10.680 --> 01:34:11.680]  Okay.
[01:34:11.680 --> 01:34:12.680]  Welcome back.
[01:34:12.680 --> 01:34:13.680]  Oh, okay.
[01:34:13.680 --> 01:34:14.680]  Go ahead, Steve.
[01:34:14.680 --> 01:34:18.360]  At any rate, welcome back to Rule of Law Radio 512646 1984.
[01:34:18.360 --> 01:34:27.240]  We've got about a little less than a half hour left in the show in Matton, Texas.
[01:34:27.240 --> 01:34:33.200]  Randy and I were talking about something kind of off point over the break, so.
[01:34:33.200 --> 01:34:40.000]  Matt, we were, okay, we were talking about, you are asking about collateral estoppel.
[01:34:40.000 --> 01:34:41.000]  Mm-hmm.
[01:34:41.000 --> 01:34:43.000]  Yes, sir.
[01:34:43.000 --> 01:34:50.080]  So, yeah, with respect to, with respect to this, I don't, I don't understand what the
[01:34:50.080 --> 01:34:51.080]  term means.
[01:34:51.080 --> 01:34:52.600]  I'm going to go look it up and I'll know tomorrow.
[01:34:52.600 --> 01:34:53.600]  Okay.
[01:34:53.600 --> 01:34:54.600]  Okay.
[01:34:54.600 --> 01:34:55.600]  Here's what the term means.
[01:34:55.600 --> 01:35:05.000]  If you come into court and take a position before the court, you cannot come into a subsequent
[01:35:05.000 --> 01:35:12.240]  court or a subsequent hearing in the court and take an opposed position.
[01:35:12.240 --> 01:35:21.060]  For instance, we had a client in California who had a, who was being foreclosed on by
[01:35:21.060 --> 01:35:22.060]  Deutsche Bank.
[01:35:22.060 --> 01:35:28.380]  Well, Deutsche Bank got into a lawsuit with Bank of America or Wells Fargo or one of them
[01:35:28.380 --> 01:35:35.520]  where they were suing over a group of notes and Deutsche Bank went to the court and told
[01:35:35.520 --> 01:35:42.560]  the court, testified to the court that they had no interest in this group of notes and
[01:35:42.560 --> 01:35:47.560]  in this group was included this client's note and then Deutsche Bank subsequently tried
[01:35:47.560 --> 01:35:54.920]  to foreclose on this note and we channel, we made the challenge of collateral estoppel.
[01:35:54.920 --> 01:35:58.840]  You can't go into one court and say you have nothing to do with this note, come into another
[01:35:58.840 --> 01:36:01.600]  court and say you do have something to do with the court.
[01:36:01.600 --> 01:36:08.600]  Your collateral is stopped from that or if you make an argument in the court and have
[01:36:08.600 --> 01:36:15.920]  are ruled against on that argument, you cannot subsequently bring that same argument, collateral,
[01:36:15.920 --> 01:36:18.480]  your collateral only is stopped.
[01:36:18.480 --> 01:36:19.480]  Does that make sense?
[01:36:19.480 --> 01:36:20.480]  Yes, sir.
[01:36:20.480 --> 01:36:21.480]  I follow.
[01:36:21.480 --> 01:36:22.480]  I'm basically aware of that.
[01:36:22.480 --> 01:36:28.920]  I heard you telling somebody they hadn't been to civics class and I remember mine pretty
[01:36:28.920 --> 01:36:32.400]  well, but that was yesterday.
[01:36:32.400 --> 01:36:37.280]  What I want to ask you then, if they make the statement in their original complaint
[01:36:37.280 --> 01:36:44.320]  that the last payment I made was in 2007 and at that point had I been wise enough to get
[01:36:44.320 --> 01:36:47.600]  just a little bit of advice and somebody would have said this is the first question we ask
[01:36:47.600 --> 01:36:52.560]  ourselves is this past the statute of limitations out of one right there, but I didn't quite
[01:36:52.560 --> 01:36:53.560]  do that.
[01:36:53.560 --> 01:36:59.900]  In my response to their original complaint, I said this is not correct and we need to
[01:36:59.900 --> 01:37:06.120]  uncover information relative to this case because I made payments after that fact and
[01:37:06.120 --> 01:37:12.480]  I had one returned even in 2009 and here's my exhibit A, so I sent it in and said that.
[01:37:12.480 --> 01:37:19.440]  I understand that I have made a statement of fact and that can later be used against
[01:37:19.440 --> 01:37:22.960]  me and that's what they're doing now.
[01:37:22.960 --> 01:37:27.040]  Did the court rule on that?
[01:37:27.040 --> 01:37:32.720]  You're saying making a statement and you said that the other side ruled that if you made
[01:37:32.720 --> 01:37:42.040]  any kind of payment that the statute of limitations told and I'm wondering where that came from.
[01:37:42.040 --> 01:37:46.800]  They're accusing you of default.
[01:37:46.800 --> 01:37:49.360]  Did you cure the default?
[01:37:49.360 --> 01:37:54.200]  No, I didn't.
[01:37:54.200 --> 01:37:59.660]  Making a payment doesn't cure the default.
[01:37:59.660 --> 01:38:03.320]  They're claiming you defaulted on this date.
[01:38:03.320 --> 01:38:10.160]  Are they subsequently claiming that you cleared the default and if they did, then on the date
[01:38:10.160 --> 01:38:15.440]  you cleared the default, you were paid up.
[01:38:15.440 --> 01:38:28.600]  I don't think that was a fatal flaw because did the other side argue against your assertion?
[01:38:28.600 --> 01:38:37.160]  Oh no, they in fact took it and used it against me when they decided they wanted to actually
[01:38:37.160 --> 01:38:41.160]  read this after I'd beaten them.
[01:38:41.160 --> 01:38:46.200]  They're not the smartest people, but they're definitely people I have to respect.
[01:38:46.200 --> 01:38:53.000]  So as far as my situation goes, I mentioned that I had made payments after that date in
[01:38:53.000 --> 01:38:54.000]  ignorance.
[01:38:54.000 --> 01:38:59.040]  It's not necessarily a problem.
[01:38:59.040 --> 01:39:03.320]  Did you state that you cleared the default?
[01:39:03.320 --> 01:39:09.480]  I never said that I cleared the default because I did not and maybe there's something weird
[01:39:09.480 --> 01:39:10.800]  in Arkansas law.
[01:39:10.800 --> 01:39:12.360]  They made some statements.
[01:39:12.360 --> 01:39:14.000]  I need to dig in deep on those.
[01:39:14.000 --> 01:39:20.080]  I heard you talking last night about that type of thing, so I'm going to do it, but
[01:39:20.080 --> 01:39:25.100]  is there a possibility that if I didn't clear the default that the statute of limitations
[01:39:25.100 --> 01:39:31.060]  is told if we had a conversation with them about this and I acknowledge the debt by doing
[01:39:31.060 --> 01:39:32.060]  so?
[01:39:32.060 --> 01:39:36.200]  It doesn't matter that you acknowledge the debt.
[01:39:36.200 --> 01:39:39.500]  This is a different issue.
[01:39:39.500 --> 01:39:52.720]  This is an issue where you can acknowledge the debt, but they are statutorily stopped
[01:39:52.720 --> 01:40:00.360]  from trying to use this procedure to collect the debt.
[01:40:00.360 --> 01:40:08.560]  Your statutorily is stopped from using foreclosure to collect the debt.
[01:40:08.560 --> 01:40:12.400]  They have other avenues to pursue in collecting the debt.
[01:40:12.400 --> 01:40:14.800]  Foreclosure is not the only avenue.
[01:40:14.800 --> 01:40:21.800]  No, but it's the most profitable.
[01:40:21.800 --> 01:40:29.200]  The statute of limitations just restricts them from using this particular avenue.
[01:40:29.200 --> 01:40:33.160]  The only issue here was were you in default in 2007?
[01:40:33.160 --> 01:40:35.080]  They said you were.
[01:40:35.080 --> 01:40:43.720]  Is there any point at which the lender acknowledged that the default was cured?
[01:40:43.720 --> 01:40:44.720]  Never.
[01:40:44.720 --> 01:40:45.720]  Never.
[01:40:45.720 --> 01:40:51.660]  Then you were in default from 2007.
[01:40:51.660 --> 01:40:59.880]  Any arguments about paying payments or not paying payments are irrelevant.
[01:40:59.880 --> 01:41:07.520]  And if they're brought up, you can object to them being irrelevant and they're going
[01:41:07.520 --> 01:41:13.200]  to say, well, he brought up these issues and you'll say, yeah, you should have objected
[01:41:13.200 --> 01:41:14.760]  to it for being irrelevant.
[01:41:14.760 --> 01:41:15.760]  They're still irrelevant.
[01:41:15.760 --> 01:41:16.760]  I love it.
[01:41:16.760 --> 01:41:24.120]  The suggestion that came from an attorney friend of mine, the guy I mentioned earlier,
[01:41:24.120 --> 01:41:27.960]  who doesn't know what you guys know, he doesn't know this area, but he gave me a little advice
[01:41:27.960 --> 01:41:28.960]  and helped me out.
[01:41:28.960 --> 01:41:29.960]  Have you can tune in.
[01:41:29.960 --> 01:41:30.960]  As far as I am.
[01:41:30.960 --> 01:41:31.960]  Oh, man.
[01:41:31.960 --> 01:41:32.960]  I would love to.
[01:41:32.960 --> 01:41:34.960]  This is the funniest thing in the world.
[01:41:34.960 --> 01:41:42.600]  I've tried to tell him, you have an opportunity to be a great American and fight one of the
[01:41:42.600 --> 01:41:48.760]  most important fights that almost nobody's fighting today, where the potential for winnings
[01:41:48.760 --> 01:41:52.020]  is greater than a lot of P.I. cases.
[01:41:52.020 --> 01:41:55.920]  And all you have to do is wake up and start learning a little something.
[01:41:55.920 --> 01:42:01.320]  And he'd rather go off and defend people who have BUIs and do that crap in Williamson County.
[01:42:01.320 --> 01:42:06.660]  But anyway, I'm sorry, I just had to share.
[01:42:06.660 --> 01:42:12.080]  I'm very open about sharing my story and I've told many people simply because I think you
[01:42:12.080 --> 01:42:15.440]  guys are truly great Americans.
[01:42:15.440 --> 01:42:19.880]  You are essentially standing up for what's right without fear.
[01:42:19.880 --> 01:42:23.920]  I'm sure it's not the easiest thing and it may not be the most profitable thing.
[01:42:23.920 --> 01:42:24.920]  It's Friday night.
[01:42:24.920 --> 01:42:28.520]  You guys probably know, but it sure beats the alternative.
[01:42:28.520 --> 01:42:35.360]  Well, I could have done without the three dislocated ribs, two broken collarbones and
[01:42:35.360 --> 01:42:38.040]  the tooth knocked out, broken elbow.
[01:42:38.040 --> 01:42:39.040]  Yeah.
[01:42:39.040 --> 01:42:40.040]  Yeah.
[01:42:40.040 --> 01:42:46.040]  Well, your story, I think there's a YouTube video about you and the things that really
[01:42:46.040 --> 01:42:48.720]  set you on fire relative to your brother.
[01:42:48.720 --> 01:42:55.080]  And a lot of times in our world, people don't really wake up until something shakes them.
[01:42:55.080 --> 01:42:57.840]  And then you just don't have a choice.
[01:42:57.840 --> 01:43:00.760]  For me, I'm doing what I'm doing.
[01:43:00.760 --> 01:43:04.520]  It's at the point one's own ox gets gored.
[01:43:04.520 --> 01:43:05.520]  Yeah.
[01:43:05.520 --> 01:43:10.480]  By that time, it's too late.
[01:43:10.480 --> 01:43:16.840]  He's gored.
[01:43:16.840 --> 01:43:24.680]  Since you touched that, let me say that I applaud our listeners because for the most
[01:43:24.680 --> 01:43:32.000]  part, people call when they have a problem, but there's a certain percentage of people
[01:43:32.000 --> 01:43:39.640]  out there that see the value in useful information and prepare themselves to swim before they
[01:43:39.640 --> 01:43:47.840]  jump into the deep end of the pool rather than after, which, Matt, sounds like the position
[01:43:47.840 --> 01:43:48.840]  that you're in.
[01:43:48.840 --> 01:43:49.840]  Stay there.
[01:43:49.840 --> 01:43:56.240]  We'll be right back after this brief intermission, 512-646-1984, your rule of law radio Friday
[01:43:56.240 --> 01:43:57.240]  night.
[01:43:57.240 --> 01:43:58.240]  We'll be right back.
[01:43:58.240 --> 01:43:59.240]  Bye.
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[01:46:22.520 --> 01:46:52.480]  Welcome back to Rule Of Law.
[01:46:52.480 --> 01:47:00.680]  Rule Of Law Radio folks, we're in the last quarter of this inning, does that make sense?
[01:47:00.680 --> 01:47:06.400]  And we're talking with Matt and I got rused over the break for saying bye on the way out
[01:47:06.400 --> 01:47:08.400]  on the break.
[01:47:08.400 --> 01:47:12.080]  But anyway, it's been a fun show.
[01:47:12.080 --> 01:47:14.940]  I've enjoyed being on there tonight.
[01:47:14.940 --> 01:47:21.840]  Matt in Texas, you seem to have the last 15 minutes to yourself, sir.
[01:47:21.840 --> 01:47:22.840]  Yeah.
[01:47:22.840 --> 01:47:29.400]  And you were, we were saying all those really cool things about us.
[01:47:29.400 --> 01:47:35.480]  Over the break, my head swelled so much, I think I'm going to have a headache for a week.
[01:47:35.480 --> 01:47:38.160]  You are a headache for a week.
[01:47:38.160 --> 01:47:44.600]  Well, that's my honor.
[01:47:44.600 --> 01:47:50.720]  It's nice to hear on occasion, we don't, you know, I met a guy driving around town here
[01:47:50.720 --> 01:47:53.440]  in Austin in a really dilapidated van.
[01:47:53.440 --> 01:47:58.200]  He was not doing well financially, I can tell, but he had massive amounts of bumper stickers
[01:47:58.200 --> 01:47:59.200]  and things like this.
[01:47:59.200 --> 01:48:04.040]  And I spoke to him, he's apparently involved in a lot of freedom related things.
[01:48:04.040 --> 01:48:05.520]  And I asked him a little bit about it.
[01:48:05.520 --> 01:48:09.480]  And one thing he said that sticks in my head, and I'll bet you guys, you guys might relate
[01:48:09.480 --> 01:48:10.480]  to this.
[01:48:10.480 --> 01:48:15.120]  He said, let me tell you, son, I have enemies that do a man honor.
[01:48:15.120 --> 01:48:16.120]  Yeah.
[01:48:16.120 --> 01:48:22.400]  I thought in the end, yeah, he's, he's doing some good in the world, but yeah, that's,
[01:48:22.400 --> 01:48:23.400]  that's a good statement.
[01:48:23.400 --> 01:48:25.520]  Enemies that will do a man honor.
[01:48:25.520 --> 01:48:26.520]  Yeah.
[01:48:26.520 --> 01:48:28.960]  That's what it is.
[01:48:28.960 --> 01:48:34.360]  No, in all honesty, Randy and I do this voluntarily.
[01:48:34.360 --> 01:48:38.040]  We Randy and I don't get paid for going on the air.
[01:48:38.040 --> 01:48:40.560]  This is, this is our own time.
[01:48:40.560 --> 01:48:45.000]  We take our own time, do our own research and bring that research or the results of
[01:48:45.000 --> 01:48:52.400]  that research or the material from that research so that you can further your own free of charge.
[01:48:52.400 --> 01:48:55.000]  We don't get a penny for this.
[01:48:55.000 --> 01:48:58.480]  It's gratitude for having done it is payment enough.
[01:48:58.480 --> 01:49:01.880]  And I thank you for that.
[01:49:01.880 --> 01:49:06.560]  Let me, let me tell you gents for the, if you do any, anything at all, this is a point
[01:49:06.560 --> 01:49:11.680]  I made with, with a couple of attorneys in Florida who have a website, they put up some
[01:49:11.680 --> 01:49:13.120]  pleadings and things like that.
[01:49:13.120 --> 01:49:16.840]  They're not trying to tell you, do this, you know, they're telling you, you better do this
[01:49:16.840 --> 01:49:17.840]  and do it the right way.
[01:49:17.840 --> 01:49:21.440]  Do your own research, change these things, but here's something to get you started.
[01:49:21.440 --> 01:49:24.920]  And they have pleadings and questions and things of that sort on their site.
[01:49:24.920 --> 01:49:29.160]  I spoke to one of them, he said, this actually helps us as a business.
[01:49:29.160 --> 01:49:30.760]  We can't help everybody out there.
[01:49:30.760 --> 01:49:31.760]  People can't afford to pay us.
[01:49:31.760 --> 01:49:33.320]  We have to keep the lights on.
[01:49:33.320 --> 01:49:38.480]  There's 22 there, but in many instances, we're able to help people that we otherwise wouldn't
[01:49:38.480 --> 01:49:40.160]  be able to help at all.
[01:49:40.160 --> 01:49:47.400]  And if they can help themselves or find empowerment to help themselves, then the body of cases
[01:49:47.400 --> 01:49:50.720]  and the things that are going on out there help us too.
[01:49:50.720 --> 01:49:54.760]  And I'm thinking this is absolutely the right way to look at it.
[01:49:54.760 --> 01:49:59.760]  I'm so passionate about this right now, as I started to over the last year and a half
[01:49:59.760 --> 01:50:05.200]  to realize what this was after going through a time that was a little bit of a nightmare.
[01:50:05.200 --> 01:50:08.600]  I mitigated all that stuff and wised up.
[01:50:08.600 --> 01:50:14.080]  I'm at a point here where if I find anybody that's going through some troubles, I'll bend
[01:50:14.080 --> 01:50:20.480]  over backwards to help them and help them learn how to help themselves.
[01:50:20.480 --> 01:50:24.600]  That's the biggest part right there is teaching them how to help themselves.
[01:50:24.600 --> 01:50:30.440]  Because come the end of the day, you've only got yourself to count on.
[01:50:30.440 --> 01:50:35.320]  Even if you have representative counsel, don't count on counsel.
[01:50:35.320 --> 01:50:38.120]  Help your counsel.
[01:50:38.120 --> 01:50:45.500]  If you've hired counsel, be honest, tell him everything, all of it.
[01:50:45.500 --> 01:50:47.600]  Give him when he says, send me everything.
[01:50:47.600 --> 01:50:51.940]  That means everything from beginning to today, everything.
[01:50:51.940 --> 01:50:54.500]  The good stuff and the bad stuff.
[01:50:54.500 --> 01:50:59.300]  And the bad stuff because he doesn't want the bad stuff, if there be any, to creep up
[01:50:59.300 --> 01:51:02.120]  behind him and him not know about it.
[01:51:02.120 --> 01:51:07.560]  He'd rather have an affirmative defense for that and be prepared should it become an issue.
[01:51:07.560 --> 01:51:10.780]  So yes, good, bad, indifferent.
[01:51:10.780 --> 01:51:13.520]  Take it to your attorney if you choose to hire counsel.
[01:51:13.520 --> 01:51:20.400]  If not, then bring that same thing to yourself.
[01:51:20.400 --> 01:51:24.100]  And I say that because Randy raised a good point.
[01:51:24.100 --> 01:51:32.720]  We tend to want to ignore or try to set aside that which might damage our case.
[01:51:32.720 --> 01:51:33.880]  Don't do that.
[01:51:33.880 --> 01:51:42.600]  That is quite often a fatal mistake, a fatal error in your process of defending your rights.
[01:51:42.600 --> 01:51:43.600]  Yes.
[01:51:43.600 --> 01:51:51.240]  When you sit down in front of a lawyer, you're generally trying to sell the lawyer on taking
[01:51:51.240 --> 01:51:58.000]  your case and there's a rule in sales, never introduce a negative.
[01:51:58.000 --> 01:52:06.000]  So it's not that the client deliberately withholds this information, but he's tasked his inner
[01:52:06.000 --> 01:52:14.440]  mind with delivering up to him information he needs to be a sale to the lawyer.
[01:52:14.440 --> 01:52:18.680]  So the bad stuff just does not come to mind.
[01:52:18.680 --> 01:52:27.720]  So we need, as potential litigants, we need to understand that the lawyer, probably the
[01:52:27.720 --> 01:52:31.600]  first thing he needs to hear is the bad stuff.
[01:52:31.600 --> 01:52:32.800]  These are the problems I got.
[01:52:32.800 --> 01:52:33.800]  Just tell him up front.
[01:52:33.800 --> 01:52:35.360]  These are the problems I got.
[01:52:35.360 --> 01:52:38.040]  These are where I screwed up.
[01:52:38.040 --> 01:52:41.840]  Now what can you do to damage control?
[01:52:41.840 --> 01:52:42.840]  Hang on.
[01:52:42.840 --> 01:52:45.320]  This is how I think I may have screwed up.
[01:52:45.320 --> 01:52:46.320]  Yeah.
[01:52:46.320 --> 01:52:52.440]  Or you don't have to be real pedantic with our language, but if you think you've screwed
[01:52:52.440 --> 01:52:53.440]  up, tell him.
[01:52:53.440 --> 01:52:54.440]  Yeah.
[01:52:54.440 --> 01:52:57.800]  Because the other guys are going to figure that out and they're going to clobber you
[01:52:57.800 --> 01:52:58.800]  with it.
[01:52:58.800 --> 01:53:01.800]  And he won't see it coming.
[01:53:01.800 --> 01:53:02.800]  Yeah.
[01:53:02.800 --> 01:53:08.160]  For all your listeners, let me absolutely state they're totally right.
[01:53:08.160 --> 01:53:13.400]  I have a PDF that's probably about 200 pages starting at the front and going all the way
[01:53:13.400 --> 01:53:14.400]  back.
[01:53:14.400 --> 01:53:15.840]  It took a long time to put it together.
[01:53:15.840 --> 01:53:20.080]  I was completely disorganized, disheveled, and shameful.
[01:53:20.080 --> 01:53:25.640]  And going back through it is where I discovered this fraudulent assignment.
[01:53:25.640 --> 01:53:30.640]  I had learned to look for it long after I'd gotten that complaint.
[01:53:30.640 --> 01:53:32.760]  Initially I thought, I'm in big trouble.
[01:53:32.760 --> 01:53:35.440]  They've finally gotten around to this.
[01:53:35.440 --> 01:53:36.440]  And here I am.
[01:53:36.440 --> 01:53:40.800]  I'm going to have to declare bankruptcy and move on with my life.
[01:53:40.800 --> 01:53:44.320]  And I didn't realize I had alternatives.
[01:53:44.320 --> 01:53:47.080]  What is in this 200-page PDF?
[01:53:47.080 --> 01:53:53.000]  Oh, man, I've got the complaints, I've got everything that's been filed.
[01:53:53.000 --> 01:53:58.560]  I'm a pack rat and I have just about all the documents throughout the entire process on
[01:53:58.560 --> 01:53:59.560]  the other side.
[01:53:59.560 --> 01:54:00.560]  Okay.
[01:54:00.560 --> 01:54:03.560]  Why is everything in one PDF?
[01:54:03.560 --> 01:54:12.720]  Oh, I put it together because in the whole state of Arkansas, as far as I know, there's
[01:54:12.720 --> 01:54:15.280]  three attorneys that fight these kinds of things.
[01:54:15.280 --> 01:54:19.120]  There are a bunch of other people that want to take you bankrupt and make a quick buck,
[01:54:19.120 --> 01:54:21.040]  but don't know how to fight the good fight.
[01:54:21.040 --> 01:54:23.760]  And you have to watch out for those people.
[01:54:23.760 --> 01:54:26.680]  But that's me to your listeners.
[01:54:26.680 --> 01:54:30.680]  But as far as things go, he asked me to put it all together in a PDF so that he could
[01:54:30.680 --> 01:54:32.320]  look at it.
[01:54:32.320 --> 01:54:33.620]  And I did that.
[01:54:33.620 --> 01:54:36.320]  He's still not sure that he wants to take my case.
[01:54:36.320 --> 01:54:41.360]  He probably hasn't done too much wrestling with this kind of thing the way you guys have.
[01:54:41.360 --> 01:54:42.880]  And he's considering that.
[01:54:42.880 --> 01:54:49.720]  I'm at a point where I really don't necessarily think I need him to win a dismissal of the
[01:54:49.720 --> 01:54:51.520]  plaintiff's cause of action.
[01:54:51.520 --> 01:54:53.960]  You guys have kind of told me how to do it.
[01:54:53.960 --> 01:54:59.200]  If I file the quiet title, and I have some books on it, but they're really, really in
[01:54:59.200 --> 01:55:01.160]  depth and I don't understand it all.
[01:55:01.160 --> 01:55:06.840]  If I file that, then any claim to the property is going to be quieted.
[01:55:06.840 --> 01:55:09.920]  And then if I go back to the court...
[01:55:09.920 --> 01:55:10.920]  If you prevail.
[01:55:10.920 --> 01:55:18.280]  Yeah, if I prevail, yeah, if I prevail, big if, and if I prevail, you know, with all the
[01:55:18.280 --> 01:55:24.040]  potential variables involved, then I'm in a situation where I've dealt with it in court
[01:55:24.040 --> 01:55:25.040]  too.
[01:55:25.040 --> 01:55:27.360]  I'll truly be able to rest in...
[01:55:27.360 --> 01:55:32.200]  So okay, so at what point are you in this?
[01:55:32.200 --> 01:55:36.060]  Has either side filed something?
[01:55:36.060 --> 01:55:37.840]  You got active litigation now?
[01:55:37.840 --> 01:55:39.040]  I'm sorry?
[01:55:39.040 --> 01:55:42.920]  Do you have active litigation going on?
[01:55:42.920 --> 01:55:43.920]  I do.
[01:55:43.920 --> 01:55:50.040]  About a year and a half ago, they reopened the case.
[01:55:50.040 --> 01:55:57.520]  And they reopened it after I had gotten a motion for summary judgment based on the statute
[01:55:57.520 --> 01:55:58.520]  of limitations.
[01:55:58.520 --> 01:56:04.460]  Shortly after, they tried to non-suit the case, which made no sense.
[01:56:04.460 --> 01:56:09.440]  And I filed something that suggested that once there'd already been an involuntary dismissal,
[01:56:09.440 --> 01:56:13.600]  they couldn't non-suit the case unless they wanted to do it with prejudice, which would
[01:56:13.600 --> 01:56:15.160]  be fine with me.
[01:56:15.160 --> 01:56:16.160]  That's right.
[01:56:16.160 --> 01:56:18.520]  Let me pause you right there.
[01:56:18.520 --> 01:56:23.840]  There's a reason I asked you that question, if you had ongoing litigation.
[01:56:23.840 --> 01:56:27.680]  Or I take it you're in the trial court, not the appellate?
[01:56:27.680 --> 01:56:32.720]  Yeah, we're still in the circuit court.
[01:56:32.720 --> 01:56:33.960]  Okay.
[01:56:33.960 --> 01:56:39.880]  Keep in mind, your trial court, that's the first court you go to, probably not gonna
[01:56:39.880 --> 01:56:41.300]  get any traction there.
[01:56:41.300 --> 01:56:44.900]  Is it a court of record?
[01:56:44.900 --> 01:56:50.000]  The court that you're in, is it a court of record?
[01:56:50.000 --> 01:56:53.680]  There's a record of everything there on the website.
[01:56:53.680 --> 01:56:55.240]  No, no, no, no.
[01:56:55.240 --> 01:57:01.120]  You have a court reporter.
[01:57:01.120 --> 01:57:07.920]  Is there a man or woman there taking notes on a stenograph machine when you go to court?
[01:57:07.920 --> 01:57:08.920]  Oh, no.
[01:57:08.920 --> 01:57:09.920]  Forgive me, gentlemen.
[01:57:09.920 --> 01:57:10.920]  I'm sorry.
[01:57:10.920 --> 01:57:12.840]  I'm not in trial right now.
[01:57:12.840 --> 01:57:16.640]  This is how trial matters.
[01:57:16.640 --> 01:57:20.280]  And so we're still filing discovery and things like that.
[01:57:20.280 --> 01:57:25.200]  I haven't gone into any of the discovery, like discovering when the note was assigned,
[01:57:25.200 --> 01:57:28.360]  who holds the original note, made a request to produce it.
[01:57:28.360 --> 01:57:31.320]  Okay, so you have not been to trial yet?
[01:57:31.320 --> 01:57:35.920]  No, no, I haven't been to trial, I'm sorry.
[01:57:35.920 --> 01:57:36.920]  Okay.
[01:57:36.920 --> 01:57:43.120]  But you're currently in the trial court.
[01:57:43.120 --> 01:57:44.120]  You've got...
[01:57:44.120 --> 01:57:45.120]  Okay.
[01:57:45.120 --> 01:57:49.360]  When I say trial court, the trial court is the first court you go to.
[01:57:49.360 --> 01:57:53.280]  The next court you go to is after you have your backside handed to you in the trial court,
[01:57:53.280 --> 01:57:55.920]  and that would be the appellate court.
[01:57:55.920 --> 01:58:02.740]  Whether that be on a new trial or your state appellate court.
[01:58:02.740 --> 01:58:07.920]  If you're in the trial court, you're not gonna get traction there.
[01:58:07.920 --> 01:58:11.480]  Just set your record, prepare for appeal.
[01:58:11.480 --> 01:58:14.240]  That was where I was getting to, and I apologize.
[01:58:14.240 --> 01:58:17.880]  We're gonna let you go, Matt, because we are flat out of time.
[01:58:17.880 --> 01:58:23.200]  Randy and I, really, I think I speak for Randy when I say, folks, thank you very much for
[01:58:23.200 --> 01:58:24.200]  tuning in.
[01:58:24.200 --> 01:58:31.800]  I know we got stiff competition now that football season's on, but there are some folks out
[01:58:31.800 --> 01:58:37.360]  there that care enough about their rights to tune in and learn how to enforce them.
[01:58:37.360 --> 01:58:44.640]  But folks, until next week, next Friday, Steve Skidmore, Randy Kelton, we bid you a good
[01:58:44.640 --> 01:58:45.640]  weekend.
[01:58:45.640 --> 01:58:47.640]  See you next week.
[01:58:47.640 --> 01:58:48.640]  Bye-bye.
[01:58:48.640 --> 01:58:54.680]  We'll see you guys tomorrow.
[01:59:18.640 --> 01:59:20.860]  If you have any questions, please feel free to email us at bfa.org.
[01:59:20.860 --> 01:59:26.400]  This translation is highly accurate and it comes with over 13,000 cross references, plus
[01:59:26.400 --> 01:59:30.400]  charts and maps, and an outline for every book of the Bible.
[01:59:30.400 --> 01:59:32.960]  This is truly a Bible you can understand.
[01:59:32.960 --> 01:59:41.280]  To get your free copy of the New Testament Recovery Version, call us toll free at 888-551-0102.
[01:59:41.280 --> 01:59:49.280]  That's 888-551-0102 or visit us online at bfa.org.