[00:00.000 --> 00:07.720]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.720 --> 00:08.720]  at thelibertybeat.com.
[00:08.720 --> 00:13.920]  I'm Brian Hagan with your Liberty Beat for Friday, March 13th, 2015.
[00:13.920 --> 00:21.180]  Gold is trading at $1,154, silver at $15.59, and bitcoin is trading around $291.
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[00:28.760 --> 00:33.120]  In the news, a post office in Colorado has been found using hidden cameras to record
[00:33.120 --> 00:36.560]  the license plates and facial features of customers leaving.
[00:36.560 --> 00:40.740]  Fox 31 Denver investigative reporter Chris Hulsney confirmed that hidden cameras and
[00:40.740 --> 00:44.540]  recorders owned and operated by the United States Postal Inspection Service were being
[00:44.540 --> 00:47.280]  used in Golden, Colorado, outside of Denver.
[00:47.280 --> 00:51.640]  The camera was found hidden inside a utilities box around Thanksgiving 2014.
[00:51.640 --> 00:56.360]  A spokesperson for Postal Inspection Service declined to confirm or deny whether the camera
[00:56.360 --> 00:59.000]  was collecting data for specific cases.
[00:59.000 --> 01:05.440]  After the camera was initially reported, it was removed.
[01:05.440 --> 01:09.160]  A new bill that would restrict the ability to film the police and create a dangerous
[01:09.160 --> 01:13.040]  definition of media has been introduced to the Texas House of Representatives.
[01:13.040 --> 01:18.120]  Texas House Bill 2918 would require individuals filming or recording the police to be at least
[01:18.120 --> 01:22.880]  25 feet away, and those who are open carrying would need to be more than 100 feet away.
[01:22.880 --> 01:28.560]  The bill also sets the standard for filming police to only radio or TV media outlets that
[01:28.560 --> 01:36.440]  hold a license that has been issued by the Federal Communications Commission.
[01:36.440 --> 01:40.760]  A new Texas bill would grant Attorney General Ken Paxton's office the ability to allow or
[01:40.760 --> 01:42.960]  disallow local initiatives.
[01:42.960 --> 01:47.520]  Texas House Bill 540 was introduced by Representative Phil King and would require any referendum
[01:47.520 --> 01:52.000]  or ballot initiative in one of Texas' Home Rule Charter Cities to be reviewed by the
[01:52.000 --> 01:53.640]  Attorney General's office.
[01:53.640 --> 01:57.280]  The Attorney General's office would decide if the local initiative violates the Texas
[01:57.280 --> 02:02.800]  or Federal Constitution, a state statute, or a rule adopted as authorized by state statute.
[02:02.800 --> 02:06.840]  The bill is aimed at combating local initiatives such as bans on genetically engineered foods
[02:06.840 --> 02:07.840]  and fracking.
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[02:28.920 --> 02:33.560]  Support also comes from the 512 bitcoin mini conference coming up tomorrow from free until
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[02:36.000 --> 02:39.960]  The event will feature an intro to bitcoin and speeches from Cody Wilson, Lynn Ulbrich,
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[02:40.960 --> 02:46.040]  The event is sponsored by AirBets Wallet and Directorate and CoinBolt ATM.
[02:46.040 --> 02:51.120]  Next is the Liberty Beat for Friday, March 13th, 2015.
[02:51.120 --> 03:16.600]  Make sure you check out the website at thelibertybeat.com.
[03:16.600 --> 03:45.160]  And don't forget to subscribe to our YouTube channel, so you don't miss any of our videos
[03:45.160 --> 04:05.000]  on
[04:05.000 --> 04:14.760]  no wonder well actually that explains a lot i've had a relatively good day i woke up and
[04:14.760 --> 04:22.680]  i wasn't in the obituary so we went uphill from there and tonight i wanted to start out
[04:23.800 --> 04:29.480]  with talking about jenkins and versus glaskey
[04:29.480 --> 04:37.560]  now that's not a case that's two different cases that seem to have opposing opposing outcomes
[04:37.560 --> 04:43.560]  well we're comparing jenkins to glaskey because glaskey in california is purported to have
[04:44.200 --> 04:54.040]  essentially overturned jenkins but we but really it didn't you just read a synopsis of glaskey
[04:54.040 --> 05:00.200]  will you read that over again steve sure uh what i'm reading is from a white paper uh
[05:00.200 --> 05:08.040]  regarding glaskey uh let me scroll back up and see who wrote it this was
[05:10.920 --> 05:16.120]  the appellate court of california and glaskey i don't guess it matters who wrote it really
[05:16.120 --> 05:25.320]  ah simone cromwell okay simone cromwell okay let me scroll back down here
[05:27.240 --> 05:29.320]  oh let me find my highlight
[05:32.280 --> 05:36.600]  there we go okay there are three key issues at stake in the glaskey ruling
[05:37.400 --> 05:45.160]  the key issue in glaskey is a borrower slash homeowner can challenge a void assignment
[05:45.160 --> 05:51.480]  while glaskey deals specifically with the late assignment into the remick trusts there are a
[05:51.480 --> 05:59.080]  variety of reasons why an assignment may be void ranging from mers uh it's uh for those of you who
[05:59.080 --> 06:06.920]  don't know uh mortgage electronic registration systems aka mers making assignments without the
[06:06.920 --> 06:14.280]  note without subscribing the principle or assignment for entities that are defunct most
[06:14.280 --> 06:22.600]  or bankrupt having third-party loan document firms sign as a servicer employee
[06:24.200 --> 06:31.000]  or for entities that are not members of mers across the board in almost all the rulings
[06:31.000 --> 06:40.840]  that are being proclaimed to not follow glaskey the courts agree that with glad uh agree with
[06:40.840 --> 06:46.840]  glaskey that if an assignment is void a borrower can challenge the assignment
[06:48.520 --> 06:53.960]  where the battle lines are being drawn is what makes the assignment void
[06:55.640 --> 07:02.440]  for the past six or seven years banks have been recording assignments to a quote trustee
[07:02.440 --> 07:09.160]  end quote for a remick trust that's a real estate mortgage investment conduit aka
[07:09.160 --> 07:19.000]  remick r-e-m-i-c remick trust years after the trust closed and in my experience i find that
[07:19.000 --> 07:26.520]  the majority of mortgage-backed assets that go into remicks make it into the remick way after
[07:26.520 --> 07:34.520]  the closing date just a very brief explanation there's a 90-day window allowed by law that
[07:34.520 --> 07:43.800]  when the trust opens you got the playing parties have 90 days to get all of the assets in the trust
[07:43.800 --> 07:55.800]  and that's it once it's closed it's closed you cannot get in so uh years after a trust closed
[07:55.800 --> 08:02.840]  and for all intent and purposes the trust was not legally allowed to accept an assignment
[08:02.840 --> 08:08.920]  an assignment after the trust closed when homeowners sought to challenge the assignment
[08:10.280 --> 08:18.520]  they uh the oft or often heard refrain was the assignment was uh the the assignment was a contract
[08:18.520 --> 08:25.000]  between the parties on the assignment uh parentheses the assignment and the assign or
[08:25.000 --> 08:32.120]  in parentheses not the homeowner and let me pause right there this is the comp the most common
[08:32.120 --> 08:37.400]  objection when a homeowner challenges the assignments objection your honor the homeowner
[08:37.400 --> 08:42.360]  was not a party to that contract therefore has no right to challenge the contract
[08:43.720 --> 08:49.320]  horse feathers therefore the homeowner was a third party and had no legal right to challenge the
[08:49.320 --> 08:57.720]  assignment kind of what i just said example imagine uh homeowner one has a five-year contract with a
[08:57.720 --> 09:04.040]  local gardening service that the homeowner that homeowner one paid in full at beginning of the
[09:04.040 --> 09:12.120]  five-year term the gardener is obligated to continue the service throughout the end of the
[09:12.120 --> 09:22.520]  term homeowner one sells the house to homeowner two and part of the sale includes assigning the
[09:22.520 --> 09:30.200]  gardening contract over to homeowner two now the gardening service gardening service doesn't want
[09:30.200 --> 09:38.760]  to continue the service so he had so he attacks the assignment excuse me between the two homeowners
[09:39.560 --> 09:46.200]  since the gardener is not a party to the to the assignment he can't challenge the assignment
[09:46.200 --> 09:54.600]  homeowner two paid paid homeowner one for the contract therefore the gardener is obligated
[09:54.600 --> 10:05.160]  to continue to fulfill the contract did you catch that now this goes on for several more pages but
[10:06.680 --> 10:14.120]  randy you think that's a fairly decent synopsis that's a decent synopsis but that example at the
[10:14.120 --> 10:26.200]  end was misleading this argument concerning challenging the assignment is a misrepresentation
[10:26.200 --> 10:39.320]  or a a miscount mis it's a misrepresentation of the claim the borrower is not attempting to
[10:39.320 --> 10:45.960]  enforce the contract to bring the contract the borrower is merely bringing up the contract
[10:46.760 --> 10:55.000]  as evidence against someone who would come to the borrower and make a claim against the borrower's
[10:55.000 --> 11:03.320]  property in that case he would have a right to challenge someone who's trying to take his
[11:03.320 --> 11:09.400]  property away from him correct now the borrower is not challenging the validity of the contract
[11:11.080 --> 11:16.760]  they're challenging the challenging the agency standing in capacity of the claimant who is
[11:16.760 --> 11:28.680]  attempting to enforce the contract now glaskey overturned jinkins and jinkins was the one that
[11:28.680 --> 11:35.800]  said that the borrower could not challenge the contract and in reading jinkins i agree with him
[11:36.520 --> 11:42.520]  he can't and in the context of jinkins it was a correct ruling
[11:44.360 --> 11:54.120]  because a borrower found that there was an assignment and that the assignment was to a trust
[11:54.120 --> 12:02.040]  and that there was an appearance that the assignment didn't get into the trust in on time
[12:03.480 --> 12:08.040]  and so the so the person the the plaintiff went fishing
[12:10.120 --> 12:19.640]  and used the civil action to try to find evidence of his belief
[12:19.640 --> 12:28.440]  and the case specifically cites on investigation and belief that that was insufficient and
[12:29.320 --> 12:36.440]  what jinkins really went to was you can't do use this claim as a fishing expedition
[12:37.480 --> 12:43.000]  you can't challenge the contract itself and you can't you can't just come in and say this
[12:43.000 --> 12:50.680]  contract's bad you have to plead how there is a controversy and that was the key issue
[12:52.280 --> 13:02.920]  you have to plead how you would be harmed by the assignment and that was a mischaracterization
[13:02.920 --> 13:13.320]  because the plaintiff was not pleading that they were harmed by the assignment
[13:12.440 --> 13:26.920]  the plaintiff was pleading that some person is attempting to exercise a claim against my property
[13:26.920 --> 13:33.480]  and that person has merely made a proactive statement of fact and law
[13:35.000 --> 13:42.520]  and i'm here to dispute that proactive statement of fact and law and demand that the maker of the
[13:42.520 --> 13:55.880]  statement prove it up as if it as if the statement is accepted as true then the the party that is
[13:55.880 --> 14:06.360]  the party would be able to exercise a claim against the plaintiff's real property don't care about the
[14:06.360 --> 14:16.680]  contract don't care about who can do what what what they care about is someone is coming to make
[14:16.680 --> 14:24.760]  a claim against my real property and i have right to know who it is and i just wrote up a an appeal
[14:24.760 --> 14:40.040]  a part of an appeal on this issue and in making the appeal i went to the uh ucc ucc addresses this issue
[14:41.160 --> 14:51.160]  where someone is making a claim against your property i'm sorry where someone sends you a
[14:51.160 --> 14:52.920]  a uh
[14:55.080 --> 15:01.800]  presentment under the uniform commercial code if someone sends you a demand for payment in
[15:01.800 --> 15:13.640]  united states dollars that's designed as a presentment and if you respond to the presentment
[15:13.640 --> 15:23.960]  by tender and the presentment is not valid and you tender to the wrong party you have not extinguished
[15:23.960 --> 15:38.760]  the debt so in order to ensure in order that you have power to ensure that the entity forwarding
[15:38.760 --> 15:50.360]  the presentment is a proper party under ucc3-501 you can dispute their claim and demand that they
[15:50.360 --> 15:59.240]  prove up their claim by producing the original contract on which they base their claim along with
[15:59.240 --> 16:10.680]  all of the negotiations of that claim that show that this party has standing as a proper holder
[16:12.120 --> 16:21.400]  if the claimant fails to produce the original instrument for inspection by the petitioner
[16:22.200 --> 16:25.080]  then the petitioner may cease all payment without dishonor
[16:25.080 --> 16:31.480]  that's my story and i'm sticking to it well this is the position that the these plaintiffs are in
[16:32.120 --> 16:40.360]  somebody has demanded payment in united states dollars and then somebody turned on the music
[16:41.880 --> 16:48.440]  yes they did i'm glad you caught that this is randy kelton steve skidmore rule of law radio
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[19:49.480 --> 19:53.080]  okay we are back randy kelton steve skidmore rule of law radio
[19:53.080 --> 19:59.000]  and we had a great little repartee there on the break you guys just yeah we're going to try to
[19:59.000 --> 20:04.520]  reproduce it here steve is going to go a little deeper into glassky okay yeah this is again that
[20:04.520 --> 20:10.040]  white paper that i was reading i was reading a little further down on it when uh while randy was
[20:10.040 --> 20:16.200]  was speaking but uh it states here that in essence the assignment is the original lender
[20:16.200 --> 20:24.040]  selling the loan to another bank or entity and assigning the deed of trust so if the payments
[20:24.040 --> 20:28.840]  are not made the property can be liquidated through the foreclosure and the bank can get
[20:28.840 --> 20:34.840]  the money back through the through the trustee's sale none of this is rocket science it's pretty
[20:34.840 --> 20:41.960]  basic contract law and usually legal here's where it gets sticky though and this is where the glass
[20:41.960 --> 20:48.280]  and this is where the glass key courts recognize the problem with late assignments most specifically
[20:48.280 --> 20:55.160]  into remit trusts and again is the second key point or step of the glass key decision
[20:56.200 --> 21:01.640]  usually a late assignment into a remit trust destroys any tax advantages it may have had
[21:02.680 --> 21:10.280]  and exposes the investors to substantial losses through taxation let me pause right there once
[21:10.280 --> 21:18.360]  you screw up the remit the uh or once the remit has been deemed defunct by whatever means
[21:19.640 --> 21:26.600]  all of the investors in that remit are now liable for 100 percent taxation on all of the assets in
[21:26.600 --> 21:37.640]  the trust normally they hold it so you understand a remit is is purely a internal revenue tax
[21:37.640 --> 21:46.040]  dodge it's a remake is designed specifically to limit their taxes it has no other purpose
[21:46.040 --> 21:52.040]  well it grants the investors a pass-through tax status which means that they don't pay any taxes
[21:52.040 --> 21:59.080]  on so long as the the remake is viable the investors therein do not pay taxes on any of
[21:59.080 --> 22:05.000]  the assets that are in the trust so long as they are in the trust they don't get taxed until they
[22:05.000 --> 22:13.000]  don't get taxed until they try to cash out so that's that's your pass-through tax status
[22:13.000 --> 22:18.040]  but once the remake has been defunct that destroys that pass-through status and now
[22:18.040 --> 22:24.040]  they're liable for 100 percent taxation on all the assets if five percent of the notes in the
[22:24.040 --> 22:36.920]  remake fail the remake collapses correct correct uh usually a late assignment into a remake
[22:36.920 --> 22:42.600]  trust uh i'm sorry i already read that and when you read the glaskey excuse me and when you read
[22:42.600 --> 22:48.920]  the glaskey ruling you see the court spent an uh an interesting amount of time explaining the
[22:48.920 --> 22:58.440]  financial impact and dilemma for the investors this of course then leads the courts to examine
[22:58.440 --> 23:06.200]  why the trustee could could take it why the trustee could take an action that would have
[23:06.200 --> 23:15.000]  such a devastating consequence and lo and behold the court found that the trustee was prohibited
[23:15.000 --> 23:25.000]  from taking such an act in fact the act was called ultra virus investopedia describes ultra virus as
[23:26.440 --> 23:33.320]  any act that lies beyond the authority of a corporation to perform ultra virus acts fall
[23:33.320 --> 23:41.400]  in a performed period ultra virus acts fall outside the power that are specifically listed
[23:41.400 --> 23:50.200]  in the corporate charter or state law they can also be any uh they can be also be any action
[23:50.760 --> 23:58.280]  that is specifically prohibited by the corporate charter legal dictionary.com describes ultra virus
[23:58.280 --> 24:07.800]  as latin beyond the powers the doctrine in law of corporations that hold that if the corp if a
[24:07.800 --> 24:15.240]  corporation enters into a contract that is beyond the scope of its corporate powers the contract is
[24:15.240 --> 24:24.280]  illegal ultra virus acts cannot be legally defended in court and if there if there is
[24:24.280 --> 24:32.120]  one state that has thoroughly examined ultra virus acts it's new york state see new york state and
[24:32.120 --> 24:44.040]  powers law section 7-2.4 which states if a trust is expressed in in in an instrument
[24:45.800 --> 24:52.440]  let me start that over if a trust is expressed in an instrument creating an estate of the trustee
[24:52.440 --> 25:04.280]  every sale conveyance or other act of the trustee in the in the contravention of the trust except
[25:04.280 --> 25:18.840]  as authorized by the by this article and by any other provision of law is void void what the
[25:18.840 --> 25:25.880]  glaskey court found is that the assignment after the closing was prohibited and therefore the act
[25:25.880 --> 25:33.800]  itself was ultra virus the united states supreme court in anglo america in anglo american
[25:34.520 --> 25:45.640]  mortgage company versus uh lombard 1904 uh more numbers okay uh treated an ultra virus contract
[25:45.640 --> 25:55.000]  as absolutely void the reasoning is that an ultra virus contract is void not because
[25:55.000 --> 26:02.680]  it is forbidden but because the corporation had no capacity to make it there you go back to capacity
[26:03.480 --> 26:14.120]  randy um the act is thus void ab initio or from the beginning and cannot be validated by any
[26:14.120 --> 26:22.520]  subsequent ratification and there there can therefore be no ground for the operation of
[26:22.520 --> 26:34.760]  estoppel california bank v kenney 1987 yeah 1987 in one of the letters requested requesting glaskey
[26:34.760 --> 26:43.160]  be uh depublished to the california supreme court one of the bank's attorneys argued that the act
[26:43.160 --> 26:55.320]  could be could be ratified that is uh laughable of what in what investor would ratify an act of
[26:55.320 --> 27:01.720]  the trustee that would incur tax consequences so severe it could wipe out the investors investments
[27:01.720 --> 27:12.280]  ratification is also also requires 100 of agreement of all investors if just one investor
[27:12.280 --> 27:25.400]  disagrees the act cannot be ratified the trustee uh the trustees plural servicers and their uh and
[27:25.400 --> 27:32.680]  their attorneys are claiming that an act can be ratified therefore the late assignment is voidable
[27:32.680 --> 27:49.480]  not void uh parentheses that is the argument used in i ll option of i ll option is that i that may
[27:49.480 --> 27:59.880]  that may be a typo no that's i ll option federal courts are are relying on illinois okay illinois
[27:59.880 --> 28:07.240]  option federal courts that doesn't make any sense but anyway to move on seems to me that um seems
[28:07.240 --> 28:14.440]  to me that should be dispute a disputable fact but the courts are finding that because uh because
[28:14.440 --> 28:27.320]  it is possible that it is that is all that is required this is this is not making any sense
[28:27.320 --> 28:36.280]  this is point i would want to argue i think the writer meant to say this is a point i would like
[28:36.280 --> 28:43.320]  to argue some new york cases and u.s supreme cases uh supreme court cases state that an
[28:43.320 --> 28:53.240]  ultra virus cannot be ratified so the claim to be able to ratify is one that should be hopefully
[28:53.880 --> 29:03.960]  disputed whenever a court becomes aware now this is bolded and underlined whenever a court becomes
[29:03.960 --> 29:13.640]  aware that a contract is illegal it has a duty to refrain from entertaining an action to enforce
[29:13.640 --> 29:28.760]  the contract california gulf v cooper randy i need that case okay california gulf v cooper
[29:28.760 --> 29:36.520]  yes that's a 2008 case a case that's a dead-end point to the issue and i'd like to go back to
[29:36.520 --> 29:44.440]  jenkins okay the particular reading of jenkins in the way the courts have been
[29:45.560 --> 29:57.480]  of using jenkins they've used it such that they essentially state that the california statutes
[29:57.480 --> 30:05.320]  exhaust underage drinkers aren't the only ones who should worry about getting carded these days
[30:05.320 --> 30:09.080]  i'm dr catherine albrecht and i'll be back in a moment to tell you why handing over your
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[33:31.560 --> 33:35.240]  okay we are back randy felton steve skidmore rule of law radio
[33:35.240 --> 33:41.000]  and missed the bumper music there and just bailed off the clip we both missed it i don't know where
[33:41.000 --> 33:46.840]  all i heard was a beat and that was right in the middle of your sentence so we were talking about
[33:46.840 --> 33:58.200]  how jenkins was misconstrued the courts essentially are ruling that once you you're in foreclosure or
[33:58.200 --> 34:08.760]  once you're in default on a deed of trust anybody who wants to can go to the public record and file
[34:08.760 --> 34:19.000]  an assignment into their name and foreclose on your house and you can't question it the only
[34:19.000 --> 34:26.440]  way you can raise a question is if you give the claimant the full amount of the funds that they
[34:26.440 --> 34:35.400]  claim well that kind of creates a problem because if the person purporting to foreclose
[34:36.520 --> 34:41.560]  is not the right person and in california we've had this problem where a person was foreclosed on
[34:41.560 --> 34:45.160]  then a couple months later somebody else comes and tries to foreclose again
[34:47.640 --> 34:53.320]  so if the the first person is not the right person and all they have to do is make the claim
[34:53.320 --> 34:58.040]  and the only way you can dispute the claim is if you first pay them everything they asked for
[34:59.320 --> 35:06.840]  and that essentially renders the argument moot so it leaves anyone who would purchase
[35:06.840 --> 35:12.280]  residential property in the state of california in a position to where essentially anybody can
[35:12.280 --> 35:20.120]  come along and take away that property and there's nothing you do about it that was
[35:20.120 --> 35:27.240]  because i don't think the intent of jenkins but that has been the result of jenkins
[35:28.120 --> 35:34.200]  what jenkins intended was that you not be able to bring a
[35:36.680 --> 35:44.520]  issue a challenge to a foreclosing party that lacked factual underpinning
[35:44.520 --> 35:51.320]  it was really about a fishing expedition and this is what the jenkins case essentially
[35:51.320 --> 35:56.360]  is what the courts construed that it essentially was as a fishing expedition
[35:57.160 --> 36:02.440]  california courts have refused to delay the non-judicial foreclosure process by allowing
[36:02.440 --> 36:09.480]  trust or debtors to pursue preemptive judicial actions to challenge the right power and authority
[36:09.480 --> 36:17.400]  of a foreclosing beneficiary or beneficiary's agent to initiate the and pursue foreclosure this is
[36:17.960 --> 36:26.520]  the burner v deutsch bank the court read this to exclude any challenge to a foreclosure out of hand
[36:27.240 --> 36:33.640]  but that is not what jenkins intended jenkins clearly intended that a challenge was insufficient
[36:33.640 --> 36:42.040]  where the complaint merely made allegations void of specific of specific facts and this is from
[36:42.040 --> 36:47.560]  jenkins in gnomes our colleagues in division one considered whether california's non-judicial
[36:47.560 --> 36:53.960]  foreclosure statutes allow a defending trust or debtor before his or her property is sold
[36:53.960 --> 36:59.560]  bring a preemptive judicial action to challenge whether the person initiating the foreclosure is
[36:59.560 --> 37:08.120]  the foreclosure is or is duly authorized to do so by the person who possesses a secured interest
[37:08.120 --> 37:14.440]  in the property much like jenkins first cause of action the appellant in gnomes alleged on
[37:14.440 --> 37:20.600]  information and belief the entity that initiated non-judicial foreclosure process did not have
[37:20.600 --> 37:25.960]  the authority to do so the entity was not the owner of the promissory note that was secured
[37:25.960 --> 37:32.280]  by the deed of trust and the entity was not an authorized agent of the owner of the promissory
[37:32.280 --> 37:42.760]  note and i highlight on information and belief as it goes on to say in the gnomes court analysis of
[37:42.760 --> 37:49.720]  the validity of the applicant's claim it made the important point that such a preemptive action does
[37:49.720 --> 37:55.880]  not seek a remedy for foreclosing parties misconduct with regards to the initiation and
[37:55.880 --> 38:01.160]  processing of the non-judicial foreclosure which as we've noted above may serve as a basis for a
[38:01.160 --> 38:08.840]  valid cause of action instead the gnomes court found that such a preemptive action seeks to
[38:08.840 --> 38:13.800]  create the additional requirement that the foreclosing entity must demonstrate in court
[38:13.800 --> 38:20.760]  that it is authorized to initiate a foreclosure before the foreclosure can proceed after examining
[38:20.760 --> 38:26.600]  the non-judicial foreclosure statutes and considering the well-established purposes of
[38:26.600 --> 38:35.560]  non-judicial foreclosure the norm norm court found on no account i'm sorry the gnomes court
[38:35.560 --> 38:42.520]  found no express or implied grounds for allowing such a preemptive action consequently the gnomes
[38:42.520 --> 38:52.360]  court concluded that allowing a a trust or debtor to pursue such an action absent a specific factual
[38:52.360 --> 38:59.000]  basis for alleging that the foreclosure was not initiated by the correct party would necessarily
[38:59.000 --> 39:05.000]  interject the courts into the comprehensive non-judicial scheme created by the legislature
[39:05.000 --> 39:10.840]  and would and would be inconsistent with the policy behind non-judicial foreclosure providing
[39:10.840 --> 39:17.400]  a quick inexpensive and efficient remedy what the court did was missed that part
[39:19.640 --> 39:30.760]  to pursue such an action absent factual absent absent a specific factual basis for alleging that
[39:30.760 --> 39:36.440]  the foreclosure was not initiated by the correct party they missed that part they just left that
[39:36.440 --> 39:47.000]  part out and the effect of it was was not just to increase the pleading standard but to increase the
[39:47.000 --> 39:53.880]  the pleading standard so that the pleading standard became absolutely arbitrary and capricious
[39:55.320 --> 40:03.240]  a judge can rule any essentially any way he wants to and preempts a person being foreclosed on from
[40:03.240 --> 40:09.000]  bringing a objection to the foreclosure the court further addressed the need for specific
[40:09.000 --> 40:15.240]  facts as follows alternatively alternatively even if we found a proper legal basis for such a
[40:15.240 --> 40:22.120]  preemptive suit existed jenkins first cause of action fails to set forth a valid claim for
[40:22.120 --> 40:28.280]  declaratory relief because she cannot show an actual controversy exists between herself and
[40:28.280 --> 40:36.360]  defendants codicidal procedure section 1060 authorizes any person who desires a declaration
[40:36.360 --> 40:43.240]  of his or her rights or duties with respect to another another in cases of factual controversy
[40:43.240 --> 40:50.680]  relating to the rights and duties of the perspective parties to bring an original action for a
[40:50.680 --> 40:58.840]  declaration of his his or her rights the fundamental basis of declare declaratory relief is the
[40:58.840 --> 41:07.080]  existence of an actual present controversy over a proper subject in order for a party
[41:07.720 --> 41:13.320]  to pursue an action for declaratory relief the actual present controversy must be pleaded
[41:13.320 --> 41:21.240]  specifically thus a claim must provide specific facts as opposed to conclusions of law which show
[41:21.240 --> 41:29.320]  a controversy of concrete actuality rather a claim presents an actual controversy within the meaning
[41:29.320 --> 41:35.160]  of code of civil procedure section 1060 is a question of law that we review de novo
[41:35.160 --> 41:45.320]  okay the primary issue in jenkins was no fishing expeditions oh i don't think these are the right
[41:45.320 --> 41:58.920]  guys but if you come in and say the this particular trust was created on this day the assignment into
[41:58.920 --> 42:09.240]  the trust was filed in of record on this day the trust document itself closes the trust for
[42:09.240 --> 42:20.200]  inclusion on this day these are hard facts therefore and subsequent to this assignment
[42:20.200 --> 42:28.200]  defendant made claim against plaintiff's property the claim against plaintiff's real property
[42:29.000 --> 42:38.680]  is the harm and it i didn't read the actual the pleading in jenkins but it sounds like that the
[42:39.560 --> 42:47.240]  lawyer did not plead the cause of action with sufficient specificity and specificity
[42:47.240 --> 42:51.960]  of action with sufficient specificity and sufficient facts to support it
[42:54.680 --> 43:02.360]  that's where jenkins was misread and lawyers necessarily bank lawyers
[43:03.480 --> 43:10.200]  try to treat a claim under jenkins as a challenge to the contract
[43:10.200 --> 43:18.120]  and that is a intentional mischaracterate mischaracteration you say that steve
[43:18.680 --> 43:27.720]  mischaracterization there you go of the the claim here we don't care about the contract
[43:29.160 --> 43:32.360]  if the contract's valid if it's not valid we don't really care about that
[43:32.360 --> 43:39.480]  really care about that we have evidence to show that it's not valid and therefore this person
[43:40.520 --> 43:47.880]  who has come to make a claim against my property has not shown that he has agency standing or
[43:47.880 --> 43:55.320]  capacity to make the claim we'll be right back call in number 512-646-1984 phone lines are open
[43:55.320 --> 44:06.040]  give us a call we'll be right back hello my name is steward smith from naturespureorganics.com
[44:06.040 --> 44:11.240]  and i would like to invite you to come by our store at 1904 guadalupe street sweet d here in
[44:11.240 --> 44:16.120]  austin texas iron brave new book and chase bay to see all our fantastic health and wellness products
[44:16.120 --> 44:21.000]  with your very own eyes have a look at our miracle healing clay that started our adventure in
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[44:25.720 --> 44:33.880]  emu oil lotion candles olive oil soaps and colloidal silver and gold call 512-264-4043
[44:33.880 --> 44:42.840]  or find us online at naturespureorganics.com that's 512-264-4043 naturespureorganics.com
[44:42.840 --> 44:51.480]  don't forget to like us on facebook for information on events and our products naturespureorganics.com
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[46:07.400 --> 46:24.520]  okay we are back randy kelton steve skidmore rule of law radio
[46:26.200 --> 46:30.280]  and we're reading about comparing jinkins and glaskey
[46:30.280 --> 46:36.040]  when i'm hungry glaskey said you could challenge this document jinkins said you couldn't
[46:37.400 --> 46:43.320]  and well the courts have used glaskey to i mean used jinkins to say that you couldn't
[46:43.320 --> 46:50.520]  challenge the assignment but a close reading of jinkins demonstrates that that is not what
[46:50.520 --> 46:57.320]  was intended let me read a little more of the jinkins case furthermore even if any
[46:57.320 --> 47:03.560]  subsequent transfers of the promissory note were invalid jinkins is not the victim of such
[47:03.560 --> 47:10.600]  invalid transfers because her obligations under the note remained unchanged instead the true
[47:10.600 --> 47:16.520]  victim may be an individual or entity that believes it has a present beneficial interest
[47:16.520 --> 47:21.880]  in the promissory note and may suffer the unauthorized loss of its interest in the note
[47:21.880 --> 47:31.800]  well duh it's not going to suffer the unauthorized loss of its interest in the note if the court
[47:32.520 --> 47:39.320]  lets it foreclose on the note even if it doesn't have an interest which is usually the case
[47:39.320 --> 47:50.360]  yeah that's the problem here is the court is presuming that we're challenging the deed of trust
[47:50.360 --> 47:57.960]  and essentially this is not challenging the deed of trust it's challenging the agency standing
[47:57.960 --> 48:06.200]  of capacity of the person purporting to enforce the privileges granted in the deed of trust
[48:07.480 --> 48:14.280]  so based on this reading and i'll finish this paragraph here in a second anyone who
[48:14.280 --> 48:23.160]  would file this kind of argument i would suggest that you file the argument by maintaining that
[48:23.160 --> 48:31.720]  it is the deed of trust itself that is faulty because the parties breached covenants of the
[48:31.720 --> 48:43.400]  deed of trust since this party is coming to you making a claim of how you're going to file this
[48:43.400 --> 48:53.240]  hold or status of the note and you have no notice as required by the real estate settlement procedures
[48:53.240 --> 49:00.760]  act that this person gained a beneficial interest in the note as required by covenant 16 of the deed
[49:00.760 --> 49:09.400]  of trust which requires both parties to abide by all law the fact that you have no notice of this
[49:09.400 --> 49:18.040]  change of beneficial interest breaches the deed of trust now you have an argument that bypasses
[49:18.040 --> 49:24.360]  jenkins you're not really challenging the security instrument directly i'm sorry the
[49:24.360 --> 49:31.000]  assignment directly you're challenging the document on which the holder of the assignment
[49:31.640 --> 49:37.560]  claims its authority that would tend to get around jenkins okay let me go on it is also
[49:37.560 --> 49:43.800]  possible to imagine one or many individual transfers of the promissory note may cause
[49:43.800 --> 49:51.080]  a string of civil lawsuits between transferors and transferees jenkins however may not assume
[49:51.080 --> 49:57.240]  the theoretical claims of hypothetical transferors and transferees for the purpose of showing a
[49:57.240 --> 50:07.640]  controversy of concrete actuality well this statement is essentially at odds with the point
[50:07.640 --> 50:19.240]  of law it is it's imagining that i'm sorry it's not the point of law it's it's the nature of the
[50:19.240 --> 50:29.160]  claim here it assumes that you're challenging the transfer as the assignment as a contract
[50:31.240 --> 50:36.520]  and you don't care about the transfer you could care less who he gets transferred to
[50:37.960 --> 50:46.520]  so so long as it does get transferred to someone the only thing you care about is that the person
[50:46.520 --> 50:55.720]  making the claim is in fact the true and bona fide holder of the note and texas law is a little
[50:55.720 --> 51:05.160]  ahead of california on that because texas law is very clear that you can make that claim because
[51:05.160 --> 51:11.240]  any claim against real property not properly acknowledged or proven filed in the public record
[51:11.240 --> 51:19.000]  is voidous to the holder i haven't seen that statute specifically in california but if they
[51:19.000 --> 51:29.000]  had that one this issue would not come up and on down in glaskey they go to another issue
[51:29.000 --> 51:41.880]  and the court argues or asserts that the foreclosure scheme as codified into state law
[51:41.880 --> 51:52.680]  is complete in and of itself and that once a foreclosure is initiated then you can no
[51:52.680 --> 52:01.240]  longer make a claim against the entity initiating the foreclosure unless you give full tender
[52:02.040 --> 52:07.880]  and i'm saying hold on here we've made a challenge subject matter jurisdiction here
[52:09.160 --> 52:17.720]  that's essentially what our claim of lack of agency standing capacity is that this party
[52:17.720 --> 52:23.240]  lacks agency standing or the legal capacity to invoke the subject matter jurisdiction of court
[52:23.880 --> 52:34.840]  or to invoke the the covenants of the contract we never get to the foreclosure statute the
[52:34.840 --> 52:42.200]  foreclosure scheme or the the non-judicial foreclosure scheme we're a step in front of that
[52:42.200 --> 52:51.960]  does that make sense steve yes it does yeah once the party proves up their agency standing capacity
[52:52.760 --> 53:03.320]  now they can invoke the they're well essentially once they prove up their bona fides as a proper
[53:03.320 --> 53:11.000]  as the proper holder of the note not just a holder they have to be the holder and the holder is the
[53:11.000 --> 53:17.320]  person who holds at least 50 percent of the beneficial interest once they prove that up
[53:18.440 --> 53:24.520]  now they can invoke the statutory scheme
[53:24.520 --> 53:33.560]  okay that's my story and i'm sticking to it this is a an appeal that's that was filed into
[53:34.760 --> 53:41.800]  the federal court just recently and we're hoping we can get them to distinguish jenkins
[53:41.800 --> 53:53.960]  and address this issue of misreading the purpose of a pleading that challenges an assignment we do
[53:53.960 --> 54:02.440]  not challenge the validity of the contract itself we challenge the standing of the parties to invoke
[54:02.440 --> 54:13.960]  the contract that was apparently transfer that goes to agency and capacity maybe agency unless
[54:13.960 --> 54:19.320]  the you have to go to agency because these are corporations in that correct they have a lawyer
[54:19.320 --> 54:27.480]  who represents him he would be the agent and he would be the agent of the company and he would be
[54:27.480 --> 54:33.880]  the agent correct they have a lawyer who represents him he would be the agent and he would have to
[54:33.880 --> 54:43.480]  prove up that he is an agent for a proper principle who has not only standing but also the legal
[54:43.480 --> 54:52.040]  capacity and when we challenge the deed of trust this is what we go to this person can come and
[54:52.040 --> 55:00.280]  prove up absolutely that he is the bona fide singular and only holder of the note and security
[55:00.280 --> 55:09.400]  instrument okay now you got standing once you have standing now we have to go to legal capacity
[55:10.840 --> 55:17.880]  the deed of trust in a non-judicial state contains two privileges granted in the
[55:17.880 --> 55:24.280]  deed of trust it it grants the privilege of a claim against the property
[55:26.280 --> 55:33.320]  if i drive across your lawn and smash your rose bushes i create a tort against you and
[55:33.320 --> 55:37.720]  you can get a claim against me but you can't get a claim against my car
[55:37.720 --> 55:46.680]  so in order to collect you'd have to sue me get a claim against me and then petition the court for
[55:46.680 --> 55:52.680]  a claim against my property so that you could liquidate my property to satisfy the claim
[55:52.680 --> 55:59.640]  that would be in rim in rim and and the courts the lenders didn't want to have to go through all that
[55:59.640 --> 56:07.960]  trouble so and they wanted to be able to protect their collateral so in order to give you the loan
[56:07.960 --> 56:17.560]  they wanted you to give them a claim against the property and the power to enforce the security
[56:19.080 --> 56:24.600]  in the security instrument says you can't you have to maintain the property you have to protect it
[56:24.600 --> 56:33.320]  from all claims that's to maintain the their collateral base and in a non-judicial state
[56:34.600 --> 56:43.400]  you also grant them a confessed to judgment in a judicial state you grant the claim against the
[56:43.400 --> 56:50.040]  property but you don't grant a confessed judgment they have to go to court but they don't have to
[56:50.040 --> 56:57.720]  sue you they do an in rim suit against the property because you gave them that privilege
[56:59.000 --> 57:03.160]  and then if you're in a non-judicial they don't even have to go to court because you not only
[57:03.160 --> 57:09.160]  granted the the claim against property you granted them the privilege of a confessed judgment
[57:10.680 --> 57:17.320]  but you granted those privileges under some very specific conditions
[57:17.320 --> 57:25.080]  specific conditions one of which when you entered into the contract you had a reasonable expectation
[57:25.800 --> 57:29.400]  that the consumer protection laws that were in place would protect you
[57:31.400 --> 57:39.240]  and in that vein you required that both parties abide by all law which included all those
[57:39.240 --> 57:47.640]  consumer protection laws exactly so you went into that you granted these privileges on those
[57:47.640 --> 57:56.520]  conditions if you can show that the lender reached in one of those conditions he becomes
[57:56.520 --> 58:05.880]  a trespasser what is it steve ab initio from the beginning yep he cannot enforce the privileges
[58:05.880 --> 58:13.800]  if he has not abided by the the covenants and if he reaches one of the covenants what's that called
[58:14.360 --> 58:22.920]  breach of contract default yeah that's what he's accusing you of of defaulting on one of the
[58:22.920 --> 58:28.840]  covenants you choose him and defaulting on the covenants comes back to the question of who
[58:28.840 --> 58:37.000]  defaulted first you or me yeah who defaulted off the cliff yeah i'm not going to this time
[58:37.000 --> 58:44.120]  we're counting steve skidmore rule of law radio i call it number five one two six four six 1984
[58:44.120 --> 58:51.960]  call lines are open give us a call we'll be right back would you like to make more definite
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[59:49.000 --> 59:55.160]  free speech radio logos radio network.com
[01:00:02.920 --> 01:00:07.160]  this is the liberty beat your daily source for liberty news and activist updates
[01:00:07.160 --> 01:00:13.720]  online at the liberty beat.com i'm brian hagen with your liberty beat for friday march 13 2015
[01:00:13.720 --> 01:00:20.280]  gold is trading at 1154 silver at 15 dollars and 59 cents and bitcoin is trading around 291
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[01:00:25.240 --> 01:00:31.400]  buy bitcoin buy bitcoin today at expresscoin.com in the news a post office in colorado has been
[01:00:31.400 --> 01:00:36.600]  found using hidden cameras to record the license plates and facial features of customers leaving
[01:00:36.600 --> 01:00:40.840]  fox 31 denver investigative reporter chris hulsey confirmed that hidden cameras and
[01:00:40.840 --> 01:00:45.000]  recorders owned and operated by the united states postal inspection service were being used in
[01:00:45.000 --> 01:00:49.960]  golden colorado outside of denver the camera was found hidden inside a utilities box around
[01:00:49.960 --> 01:00:55.720]  thanksgiving 2014 a spokesperson for postal inspection service declined to confirm or deny
[01:00:55.720 --> 01:01:00.120]  whether the camera was collecting data for specific cases after the camera was initially
[01:01:00.120 --> 01:01:08.520]  reported it was removed a new bill that would restrict the ability to film the police and
[01:01:08.520 --> 01:01:13.080]  create a dangerous definition of media has been introduced to the texas house of representatives
[01:01:13.080 --> 01:01:18.040]  texas house bill 2918 would require individuals filming or recording the police to be at least
[01:01:18.040 --> 01:01:23.800]  25 feet away and those who are open carrying would need to be more than 100 feet away the bill also
[01:01:23.800 --> 01:01:29.960]  sets the standard for filming police to only radio or tv media outlets that hold a license that has
[01:01:29.960 --> 01:01:38.040]  been issued by the federal communications commission a new texas bill would grant attorney
[01:01:38.040 --> 01:01:43.960]  general ken paxton's office the ability to allow or disallow local initiatives texas house bill 540
[01:01:43.960 --> 01:01:48.440]  was introduced by representative phil king and would require any referendum or ballot initiative
[01:01:48.440 --> 01:01:53.480]  in one of texas home rule charter cities to be reviewed by the attorney general's office
[01:01:53.480 --> 01:01:57.720]  the attorney general's office would decide if the local initiative violates the texas or federal
[01:01:57.720 --> 01:02:03.480]  constitution a state statute or a rule adopted is authorized by state statute the bill is aimed at
[01:02:03.480 --> 01:02:08.120]  combating local initiatives such as bans on genetically engineered foods and fracking don't
[01:02:08.120 --> 01:02:13.960]  liberty be and sponsored by coin arch offering innovative trading solutions for bitcoin do more
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[01:02:31.320 --> 01:02:36.280]  conference coming up tomorrow from three until ten o'clock at brave new books in austin the event
[01:02:36.280 --> 01:02:41.240]  will feature an intro to bitcoin and speeches from cody wilson littlebrick and others the event is
[01:02:41.240 --> 01:02:48.520]  sponsored by air bits wallet and directory and coinbolt atm this is the liberty beat for friday
[01:02:48.520 --> 01:03:02.040]  march 13th 2015 make sure you check out the website at thelibertybeat.com
[01:03:18.520 --> 01:03:41.720]  okay we are back randy kelton steve skidmore rule of law radio now call it numbers 512-646-1984
[01:03:41.720 --> 01:03:49.880]  and we have a caller sonny from georgia hello sonny what do you have for us today
[01:03:51.640 --> 01:04:02.680]  well i uh i got arrested and i believe it was a false arrest um it was uh i got pulled over for
[01:04:02.680 --> 01:04:10.920]  uh not having enough chains on my bobcat that i was pulling with a pickup truck
[01:04:11.800 --> 01:04:21.720]  and i told him i was not in commerce but uh he uh wanted my life and i was trying to explain
[01:04:21.720 --> 01:04:29.960]  i i pretty much did everything that eddie says not to do uh oh no that's not a good start
[01:04:29.960 --> 01:04:40.280]  that's not a good start yeah yeah um yeah no no recording device i got out of the vehicle i uh
[01:04:40.280 --> 01:04:45.960]  you know what makes you think it's a vehicle if you're not in commerce oh yes thank you thank
[01:04:45.960 --> 01:04:56.440]  you here smack smack yes thank you may i may i have another no that's all for you no more snacks
[01:04:56.440 --> 01:05:08.440]  uh but i um he uh in trying to explain this to him he uh just without warning he just uh after
[01:05:08.440 --> 01:05:14.360]  he asked me for my license and i was kept trying to explain that i had a license i would give it
[01:05:14.360 --> 01:05:22.440]  to him as long as he understood i'm not admitting i'm in commerce i'm not and he just he later told
[01:05:22.440 --> 01:05:26.600]  me on the way to the jail that he had no idea what i was talking about he didn't know what i
[01:05:26.600 --> 01:05:35.080]  meant that's they're never taught the difference between a free man and a slave at the academy
[01:05:35.080 --> 01:05:41.960]  they all presume you are engaged in commerce or actually no they let me let me take that back
[01:05:41.960 --> 01:05:46.920]  they don't presume that that you're engaged in commerce they presume that you are within their
[01:05:46.920 --> 01:05:55.480]  jurisdiction yes which is absolutely a misnomer and that's what i was trying to explain to him that
[01:05:56.040 --> 01:06:02.920]  that i was hey hey sonny let me let me pause you there for just a second randy you have a dot
[01:06:02.920 --> 01:06:10.360]  number on the back of your pickup yes i do and you have been pulled over a few times and you
[01:06:10.360 --> 01:06:16.760]  usually ask the the officer that pulls you over did you see that dot number on the back of my pickup
[01:06:17.560 --> 01:06:23.480]  which they usually say yes then you would normally ask them well did you look it up
[01:06:24.600 --> 01:06:32.760]  what normally happens from that point well almost every time they have not given me a ticket
[01:06:32.760 --> 01:06:38.920]  they have not given me a ticket when i ask them have you have you looked it up and they generally
[01:06:38.920 --> 01:06:45.560]  say no i haven't well you might want to do that and that always makes them a little bit
[01:06:45.560 --> 01:06:51.880]  uncomfortable because they think i know something that they don't but you do and they are right that
[01:06:51.880 --> 01:07:04.520]  i do and i know eddie objects to this but it just seems a bit more elegant than getting into a
[01:07:05.640 --> 01:07:09.480]  back and forth with the police officer i don't talk about being in commerce
[01:07:10.760 --> 01:07:17.800]  well when they when they do look up that number what do they find they find that my vehicle is
[01:07:17.800 --> 01:07:27.480]  registered with the department of transportation as a private vehicle not in commerce and they
[01:07:27.480 --> 01:07:37.640]  tend to get that point that means they have notice they have notice and they have no jurisdiction
[01:07:38.440 --> 01:07:45.480]  and they they can't claim they don't have notice so i don't try to explain to police officers
[01:07:45.480 --> 01:07:52.840]  these niceties of the law i give them something else to think about and most of the times and
[01:07:53.640 --> 01:08:01.960]  always when a dps officer stops me always they don't write me a ticket a last one that wrote me
[01:08:01.960 --> 01:08:09.160]  a ticket was a city of azel police officer and i suspect that he got a talking to over that
[01:08:09.160 --> 01:08:16.280]  so they won't be doing that again that reason i'm pretty sure is recently i was driving through this
[01:08:16.280 --> 01:08:23.480]  it's a little town about 10 miles from me it's just west of fort worth and two two lanes of
[01:08:23.480 --> 01:08:29.160]  traffic we were coming up to a stoplight and there's a police officer just slightly behind me
[01:08:30.280 --> 01:08:35.560]  but not quite clear my bumper and his lane doesn't have a car in front of it at the red light so i
[01:08:35.560 --> 01:08:42.840]  scooted up a little and hit my blinker and dropped over in front of him well the light changed and he
[01:08:42.840 --> 01:08:49.800]  pulled me over and i forgot he had some stupid reason for why he pulled me over i said that's
[01:08:49.800 --> 01:08:54.280]  not the reason you pulled me over you pulled me over because you thought i cut you off
[01:08:55.240 --> 01:09:02.440]  you were just p.o'd about it oh no no no that wasn't the end at all but he went back to his car
[01:09:02.440 --> 01:09:08.360]  in about five minutes he came back with mr kelton i'm sorry i bothered you gave him back my license
[01:09:08.360 --> 01:09:16.360]  you can go i think the dispatcher told him don't you dare write that jerk no ticket
[01:09:18.440 --> 01:09:25.880]  when i came to court on the first one the judge called me up and i walked up there looked at him
[01:09:25.880 --> 01:09:32.680]  and i said judge deadman i seem to remember judge deadman in azel but i don't remember him having
[01:09:32.680 --> 01:09:39.480]  quite that much gray hair and the judge looked at me that kind of got his attention and he looked
[01:09:39.480 --> 01:09:46.200]  up and he recognized me no mr kelton and i don't remember your belly being quite that big
[01:09:46.920 --> 01:09:52.760]  well touche touche but that's the the reason i brought that up sonny is because
[01:09:52.760 --> 01:10:00.680]  in and randy raised this point too it's pointless to try to discuss the the differences between
[01:10:00.680 --> 01:10:07.240]  being engaged and not being engaged in commerce on the side of the road with an armed double digit iq
[01:10:09.480 --> 01:10:16.680]  yeah i've i've sort of gained a little bit of confidence because i had had success i guess
[01:10:16.680 --> 01:10:23.240]  about three previous times and they had them all really had not heard about it either but it they
[01:10:23.240 --> 01:10:30.840]  called their supervisor to and they all came back and said well i don't understand it but you seem
[01:10:30.840 --> 01:10:39.160]  to know what you're talking about and so i don't know what they were told but they uh for example
[01:10:39.160 --> 01:10:43.800]  one was not wearing a seat belt and the guy came back and he said well i hope you choose
[01:10:43.800 --> 01:10:52.680]  to wear your seat belt so that that gave me a little confidence this guy he uh he didn't call
[01:10:52.680 --> 01:10:58.600]  a supervisor and he just he just immediately just called in the dispatch said oh i got a sovereign
[01:10:58.600 --> 01:11:06.760]  citizen and uh you you need to teach him to call the supervisor have you what what did he arrest
[01:11:06.760 --> 01:11:17.000]  you for uh for not giving him uh my driver's license um that i think that was pretty much it
[01:11:18.040 --> 01:11:24.680]  and he is no wait a minute hold on i have never heard of a law that made it a crime
[01:11:25.240 --> 01:11:28.520]  not to give a police officer your driver's license
[01:11:28.520 --> 01:11:39.080]  not to give a police officer your driver's license he well that's just uh okay here's my point give
[01:11:39.080 --> 01:11:46.840]  me a warning wait a minute he arrested you and gave you a warning no no no he didn't give me
[01:11:46.840 --> 01:11:54.360]  a warning he just he just uh the other officers that i talked to one of them for example he said
[01:11:54.360 --> 01:12:01.560]  if you don't give me your license i'm gonna take you to jail um this guy he just said okay hold on
[01:12:01.560 --> 01:12:09.640]  hold on no you're missing the point here okay have you read the statute for that makes it a crime
[01:12:09.640 --> 01:12:19.720]  not to give a police officer your license i have not read that specific statute yet you need to go
[01:12:19.720 --> 01:12:27.240]  read it if you can find it you're not going to not giving a police officer your license
[01:12:27.240 --> 01:12:34.440]  is not a crime what it is is probable cause to believe that you don't have one
[01:12:36.600 --> 01:12:42.440]  now he could arrest you for not having one but then he went and checked his computer and found
[01:12:42.440 --> 01:12:49.880]  you did have one no he didn't took it out of my wallet that'll work now he sees that you didn't
[01:12:49.880 --> 01:12:57.080]  have it find the statute that makes it a crime not to give your driver's license to a police officer
[01:12:59.720 --> 01:13:01.400]  you're not going to find one
[01:13:01.400 --> 01:13:07.640]  you're not going to find one
[01:13:09.400 --> 01:13:18.120]  now you go after him okay if he wants to play hardball introduce him to the deep end of the pool
[01:13:20.040 --> 01:13:25.960]  do you uh okay how long did they held you and they released you did they take you before magistrate
[01:13:25.960 --> 01:13:35.960]  no they did not i i although i asked every person that i came to uh if if there was such a thing as
[01:13:35.960 --> 01:13:41.800]  in an examining trial if there is i definitely want one because i want to challenge this probable
[01:13:41.800 --> 01:13:52.040]  cause and no one knew anything about that okay you need to get names of jailers this is what
[01:13:52.040 --> 01:14:00.440]  works best is you file criminal charges against the innocent party or at least the party that
[01:14:00.440 --> 01:14:09.400]  considers himself innocent jailers man i was just doing my job this guy's trying to get me arrested
[01:14:09.400 --> 01:14:14.920]  he's going to be upset at the officer who brought you in there that's how the politics works
[01:14:14.920 --> 01:14:23.720]  when the officer put you in the hands of the jailers they had a duty just like the officer did
[01:14:25.080 --> 01:14:30.520]  so you file against the jailer didn't have anything to do with it and he is not going to be a hap camper
[01:14:33.160 --> 01:14:39.080]  if these guys want to play hardball introduce them to the deep end of the pool he gave you a
[01:14:39.080 --> 01:14:47.400]  deep end of the pool he gave you a great opportunity and if they can't prove there is a statute making
[01:14:47.400 --> 01:14:51.720]  it a crime not to give someone give a police officer your driver's license that's false
[01:14:51.720 --> 01:14:58.280]  imprisonment and that's the one that the city every municipality i've seen
[01:14:59.560 --> 01:15:05.400]  waves their sovereign immunity even the states do for a claim of false imprisonment
[01:15:05.400 --> 01:15:15.480]  is it would that be challenged uh federally in federal court no do it in the state okay let
[01:15:15.480 --> 01:15:21.800]  them remove it to the fed if they want to this this is not a federal issue this is a state due
[01:15:21.800 --> 01:15:28.760]  process issue they didn't beat the crap out of you no sir you know that that would have got you to the
[01:15:28.760 --> 01:15:35.400]  fed but this is probably better done in the state this is not you won't win the case
[01:15:37.000 --> 01:15:45.320]  okay i mean they're corrupt you won't win it directly the way you'll win it is politically
[01:15:47.640 --> 01:15:49.960]  and what will happen after you've sued them for this
[01:15:50.760 --> 01:15:57.480]  that cost you a couple hundred bucks to file suit these guys have a fit this lawyer is
[01:15:57.480 --> 01:16:02.600]  this lawyer this police officer is going to have lots of answers to give
[01:16:03.960 --> 01:16:09.800]  to the chief of police to the mayor to his boss to his sergeant to the captain everybody
[01:16:10.760 --> 01:16:19.640]  when he gets sued or they all get sued because of what he did and we talked last night about a
[01:16:19.640 --> 01:16:30.920]  a u.s representative in missouri who is about to run off the cliff again
[01:16:32.120 --> 01:16:36.520]  hang on we're about to go to break this is randy kelton steve skidmore rule of law radio
[01:16:37.160 --> 01:16:42.120]  we will pick this up on the other side he's trying to get past the fair justice act and you
[01:16:42.120 --> 01:16:49.160]  are going to like this act it goes to right to what you're looking at randy kelton steve
[01:16:49.160 --> 01:16:56.280]  skidmore rule of law radio call in number 512-646-1984 we'll be right back
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[01:18:59.720 --> 01:19:07.480]  Now this is the Logos Logos radio net radio
[01:19:15.480 --> 01:19:17.000]  ain't gonna blame me
[01:19:21.080 --> 01:19:22.200]  don't blame me
[01:19:22.200 --> 01:19:39.400]  ain't gonna fool me with that you ain't gonna fool me okay we are back randy kelton steve
[01:19:39.400 --> 01:19:49.720]  skidmore with our radio and sonny who went out i was addressing the fair justice act you are so
[01:19:49.720 --> 01:19:56.760]  going to like this steve you're reading the article you can't uh no i'm not you're not
[01:19:57.320 --> 01:20:05.640]  no where did you where did you put the link oh i thought you'd found it uh fair justice act
[01:20:07.560 --> 01:20:15.240]  congressman major a congressman from majouri majouri cut take two take three
[01:20:15.240 --> 01:20:22.840]  a congressman from missouri has just proposed a bombshell piece of legislation that is
[01:20:24.760 --> 01:20:33.000]  detrimental to the growth and expansion of the public state monday congressman emmanuel cleaver
[01:20:35.080 --> 01:20:39.960]  introduced the fair justice act the fair justice act would make it
[01:20:39.960 --> 01:20:46.600]  a civil rights violation to enforce criminal or traffic laws for the purpose of rabies raising
[01:20:47.240 --> 01:20:54.120]  revenue now we talked about this last night and the first thing deborah asked me
[01:20:54.920 --> 01:21:03.000]  does the fed have authority to pass the law of this nature well certainly they do this goes to
[01:21:03.000 --> 01:21:11.880]  rico in fact we don't need this law we already have laws that address this issue
[01:21:13.080 --> 01:21:22.040]  and i fully suspect that this law won't actually get passed too many cities making way too much
[01:21:22.040 --> 01:21:34.920]  money to not fight this tooth and nail however the very fact that this congressman proposes the law
[01:21:36.280 --> 01:21:43.720]  and it gets debated pushed around in the media will not only serve as fair warning
[01:21:43.720 --> 01:21:55.880]  but also invigorate people like sonny who has been subject to the issue and this officer you know
[01:21:57.240 --> 01:22:01.480]  he didn't mind arresting you because he can write you a citation and you're going to pay the citation
[01:22:02.680 --> 01:22:08.680]  that's all there is to that the court is not going to hear any law they don't care about any
[01:22:08.680 --> 01:22:14.920]  facts they just do not care they're there to collect money and that's the only reason they're
[01:22:14.920 --> 01:22:25.400]  there not to protect the public not to promote safety but to raise revenue this is focusing on
[01:22:25.400 --> 01:22:41.400]  this behavior now sonny you might raise the fair justice act as you know if if you like write a
[01:22:41.400 --> 01:22:50.520]  complaint against the officer and address that this is exactly the kind of behavior the fair justice act
[01:22:50.520 --> 01:22:56.920]  fair justice act that's been proposed by congressman cleaver is intended to prevent
[01:22:58.440 --> 01:23:01.880]  and that'll send them looking up the fair justice act oops
[01:23:04.040 --> 01:23:08.360]  in the end you will never win your case simply because you have the law and the facts on your side
[01:23:09.320 --> 01:23:16.200]  to think so is naive you'll win the facts if you have the politics on your side so
[01:23:16.200 --> 01:23:23.560]  are you familiar with the routine that we talk about on here vaguely i was i was going to ask
[01:23:23.560 --> 01:23:34.520]  you as far as that and procedurally as far as when would be the best time to file the complaint
[01:23:34.520 --> 01:23:44.520]  on the officer versus in relation to fighting this in court do i try to get okay let me address that
[01:23:44.520 --> 01:23:52.840]  okay let me address that technically and legally the one has nothing to do with the other
[01:23:54.120 --> 01:24:03.080]  okay with that said everything is political and everything you do has a political consideration
[01:24:04.520 --> 01:24:11.000]  it's my experience that the sooner you start filing the sooner you start working them through
[01:24:11.000 --> 01:24:18.040]  the system the less likely they are to give you any the less likely they are to do something really
[01:24:18.040 --> 01:24:27.480]  stupid so and there's a way to go about this and i have a way of presenting it and every piece of
[01:24:27.480 --> 01:24:33.880]  this has a purpose it's not always apparent what the purpose is now try to explain this
[01:24:33.880 --> 01:24:42.440]  this rule first rule never ask public official to do anything that you actually want him to do
[01:24:44.600 --> 01:24:50.760]  because you never ask a public official to do anything that the law does not
[01:24:50.760 --> 01:24:58.520]  specifically require him to do such that when he fails to do what you ask him to do
[01:24:58.520 --> 01:25:07.080]  now you get to clobber him i'll give you an example one of my favorite times in court
[01:25:08.680 --> 01:25:15.240]  a friend of mine someone i work with we were helping people stop evictions and both of us
[01:25:15.240 --> 01:25:22.600]  were in court we had quick claims so we could represent the person from the to stop the
[01:25:22.600 --> 01:25:27.320]  foreclosure i'm not the foreclosure of the eviction well david's hearing was in front of mind
[01:25:27.320 --> 01:25:34.520]  so when the court convened i walked convened david was up front and i walked up to the bar
[01:25:34.520 --> 01:25:40.920]  and just stood there and the judge looked out at me and said can i help you i said yes runner
[01:25:41.880 --> 01:25:49.320]  i have a hearing difficulty a hearing impediment well mr kelton just what's wrong with your hearing
[01:25:49.320 --> 01:25:55.560]  oh judge i was down in mexico the other day and i drank too much of cheap tequila and i lost my
[01:25:55.560 --> 01:26:02.760]  hearing aid and the judge said well mr kelton why are you telling me this i said well your honor uh
[01:26:02.760 --> 01:26:09.720]  do you have accommodation for the hearing impaired and he said no i do not i see you have a sound
[01:26:09.720 --> 01:26:17.560]  system here will you turn it up no i will not well then will you speak up and he did told the
[01:26:17.560 --> 01:26:23.160]  bailiff i didn't say i'd shut up he's throwing me out of the courtroom well i had my hearing
[01:26:23.160 --> 01:26:29.320]  and when my hearing was done i got up from the table walked over to the bar and i stopped and
[01:26:29.320 --> 01:26:35.560]  pointed at the bailiff you come with me i get to the door and he's standing there looking confused
[01:26:35.560 --> 01:26:42.600]  and i turned around and said well okay he follows me outside and just come what can i do for you i
[01:26:42.600 --> 01:26:47.960]  need you to arrest the judge well why would i arrest the judge class a misdemeanor official
[01:26:47.960 --> 01:26:53.640]  misconduct criminal violation 39.03 penal code in that he failed to perform a duty
[01:26:53.640 --> 01:26:57.960]  he was required to perform and in the process denied me the full free access to or enjoyment
[01:26:57.960 --> 01:27:05.880]  of a right well mr kelton what right was that the right to accommodation under the americans with
[01:27:05.880 --> 01:27:15.240]  disabilities act and the bailiff stood there a minute he said well mr kelton why didn't you
[01:27:15.240 --> 01:27:20.520]  tell the judge about the americans with disabilities act heck if i'd done that he might have turned the
[01:27:20.520 --> 01:27:29.160]  sound system up and the bailiff kind of stepped back for a second his big grin come across his
[01:27:29.160 --> 01:27:38.760]  face and he said well you set him up yes matter of fact that did that's what you want them to
[01:27:38.760 --> 01:27:47.400]  think you are doing when i go back to that court he they're going to assume that everything i'm
[01:27:47.400 --> 01:27:53.800]  doing is a setup that's why you never ask a public official do anything you actually want him to do
[01:27:55.080 --> 01:28:02.040]  because you don't want him to do it when you don't you get to thump him and you get to thump him by
[01:28:02.040 --> 01:28:08.840]  going to another official and asking this other official to thump him for you he's not going to
[01:28:08.840 --> 01:28:15.640]  do that in lakewood texas when the judge told me that i couldn't look at these public records
[01:28:15.640 --> 01:28:21.800]  because i was a security risk oh is that a fact i closed the records pushed across the table
[01:28:21.800 --> 01:28:26.360]  bailiff's standing there and i said mr bailiff do you hear that yes mr kelton i did arrest that
[01:28:26.360 --> 01:28:31.880]  woman why can't rest her this is her court that's of course she can just throw the cuffs on her and
[01:28:31.880 --> 01:28:38.120]  drag her off to jail he said well why would i arrest her well i say mr minter for his misconduct
[01:28:38.840 --> 01:28:48.520]  you have that statute in georgia every state has a version of it because it reflects the kooklux
[01:28:48.520 --> 01:28:59.080]  klan act 1871 most everybody's heard of the second part of the kooklux klan act 42 u.s code 1983
[01:28:59.800 --> 01:29:06.120]  that's the one says you can sue a public official 1983 45 and six
[01:29:08.040 --> 01:29:15.000]  that's the second half of the kooklux klan act the first half says and it's been codified into
[01:29:15.000 --> 01:29:23.400]  code under 18 u.s code 242 if a public official acting under the color of his authority exerts
[01:29:23.400 --> 01:29:29.560]  or purports to exert an authority he does not expressly have or fails to perform a duty he is
[01:29:29.560 --> 01:29:35.480]  required to perform and in the process denies a citizen in the full free access to and join the
[01:29:35.480 --> 01:29:42.440]  right well that's class a misdemeanor in the fact every state has a corresponding statute
[01:29:42.440 --> 01:29:50.280]  of conduct and should we get to that statute after the break let's see if we can trip over the cliff
[01:29:50.280 --> 01:29:56.600]  first five one five one two six four six 1984 dial the number get in line we'll be right back
[01:29:56.600 --> 01:30:05.720]  stay tuned folks could a virus make you fat a new study suggests that being overweight might not
[01:30:05.720 --> 01:30:10.520]  be all your fault after all i'm dr kathryn albrecht and i'll tell you more in just a moment
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[01:30:45.080 --> 01:30:51.080]  overweight a new study suggests a common childhood virus could be the culprit researchers found that
[01:30:51.080 --> 01:30:56.600]  children exposed to adenovirus 36 an infection that causes short-term gastrointestinal and
[01:30:56.600 --> 01:31:02.200]  respiratory symptoms weighed an average of 52 pounds more than children who were never infected
[01:31:02.200 --> 01:31:07.160]  researchers believe this fat virus increases the body's fat cells and makes it harder for the body
[01:31:07.160 --> 01:31:12.280]  to break down mature fat cells later the result is that people affected by the virus store more
[01:31:12.280 --> 01:31:17.960]  fat overall so go easy on the next overweight person you see diet and exercise may not work
[01:31:17.960 --> 01:31:24.600]  as well for them as they do for you i'm dr kathryn albrecht more news and information at kathrynalbrecht.com
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[01:33:31.000 --> 01:33:38.920]  okay we are back brandy kelton steve skidmore the rule of law radio and we're talking about
[01:33:40.280 --> 01:33:49.320]  working the procedure in in the case in lake county and in lakewood texas the justice i mean
[01:33:49.320 --> 01:33:55.000]  the the constable he's the constable and the bailiff refused to arrest the judge he said i
[01:33:55.000 --> 01:34:03.160]  can arrest the judge this is her court i said with all due respect this is my court and i very
[01:34:03.160 --> 01:34:07.560]  generously allow her to administer the court in my law and she just broke one of them
[01:34:07.560 --> 01:34:14.520]  harassed her i'm going to arrest the judge uh besides i have to uh administer the court uh uh
[01:34:14.520 --> 01:34:20.520]  i'll take you down to my boss oh okay that'll work so he takes me down to the elected constable
[01:34:20.520 --> 01:34:27.080]  and he refused well he asked me what he could help me with i need you to arrest him and appointed
[01:34:27.080 --> 01:34:35.480]  at the bailiff why did i arrest him because a chicken wouldn't rest a judge well i'm not
[01:34:35.480 --> 01:34:41.480]  going to arrest him i said well then in that case take my criminal complaint well we don't do that
[01:34:41.480 --> 01:34:45.720]  we have a policy well you have a i said are you a certified police officer he's yes i am
[01:34:45.720 --> 01:34:52.680]  so well you have a policy and i have a statute and you can use that policy for toilet paper
[01:34:52.680 --> 01:34:59.480]  i need you to do your job and keep peace well he wouldn't take my complaint so i went across
[01:34:59.480 --> 01:35:07.000]  street sheriff's department and filed one against him you get any idea how this works sonny
[01:35:08.920 --> 01:35:15.240]  i got yeah i got this little tar baby and i carried around and asked everybody i got
[01:35:15.240 --> 01:35:21.160]  this star baby you want to touch it go ahead go ahead touch it touch it this does a couple
[01:35:21.160 --> 01:35:28.440]  of things for you it keeps you from getting upset and feeling mistreated and betrayed
[01:35:29.080 --> 01:35:35.400]  when these officials don't do what they're supposed to it keeps you from engaging in
[01:35:35.400 --> 01:35:43.800]  confrontation with them that's the last thing to do they are very good at confrontation that's
[01:35:43.800 --> 01:35:55.800]  what they do all day every day so you go in under the perspective that they are all public servants
[01:35:57.160 --> 01:36:05.720]  and you you are the master and they are not to forget it you go in and invoke their duty
[01:36:05.720 --> 01:36:12.840]  and when they don't do their duty then you exercise the remedies that you have available to them
[01:36:12.840 --> 01:36:19.960]  do you never argue with these guys when you try to get them to do something and they don't
[01:36:21.000 --> 01:36:28.200]  and you don't get upset they don't get to see this look of disappointment in your eyes
[01:36:29.080 --> 01:36:35.000]  actually you get this little glint and smile in your eye and they can see it they're wondering
[01:36:35.000 --> 01:36:42.840]  what is he setting us up for this is how we change things this will create lots of politics
[01:36:43.800 --> 01:36:50.440]  when you start going working your way up each public official you ask to arrest the one before
[01:36:51.480 --> 01:37:00.280]  this starts getting ugly for them not for you and in the process of doing this you want to get to
[01:37:00.280 --> 01:37:07.560]  you want to get to the highest level official you can as fast as you can the higher level a public
[01:37:07.560 --> 01:37:14.120]  official is the more politically sensitive he is everybody below him wants his job
[01:37:16.360 --> 01:37:22.680]  and he's going to have to run for election again and because some chump down there at the bottom
[01:37:22.680 --> 01:37:29.480]  did something stupid now he's got you up here crawling down his throat and you will find that
[01:37:29.480 --> 01:37:34.760]  the higher level the officials are the more cautious they are the more polite they are
[01:37:34.760 --> 01:37:40.760]  the easier they are to deal with and once you have filed against a district judge
[01:37:42.360 --> 01:37:45.560]  for not taking your complaint against a district attorney
[01:37:47.800 --> 01:37:53.560]  then if a policeman says anything to you you don't like you file a complaint against the
[01:37:53.560 --> 01:37:59.400]  district judge accusing that district judge of sending that police officer out to retaliate
[01:37:59.400 --> 01:38:07.080]  against you and you talk about getting excited around the police department it will get real
[01:38:07.080 --> 01:38:11.720]  exciting down there because these police officers are terrified of these judges
[01:38:11.720 --> 01:38:23.960]  i've done that and it works great over a little simple little incident i was in my yard doing some
[01:38:23.960 --> 01:38:28.040]  plastic welding an officer told me come up didn't know me told me i couldn't do that because i had
[01:38:28.040 --> 01:38:33.640]  a firebat on and i said wait a minute you're joking right oh no mr cohen i'm not joking
[01:38:33.640 --> 01:38:42.360]  wait a minute that judge fastell the district judge sent you down here to harass me didn't he
[01:38:43.000 --> 01:38:48.200]  just because i filed one crummy little criminal complaint against him with the attorney general
[01:38:48.200 --> 01:38:54.520]  he sent you down here didn't he this officer stepped back held both hands up with his palms
[01:38:54.520 --> 01:38:59.480]  out of one moment mr kelton took out his cell phone made a call i live across the street from
[01:38:59.480 --> 01:39:06.520]  city hall about 30 seconds the chief of police stepped out the door and hollered across randy
[01:39:07.080 --> 01:39:15.160]  what are you doing to my new officer oh tom i was just jerking his chain and the police officer said
[01:39:15.960 --> 01:39:23.640]  oh my i saw my whole career passed before my eyes they are terrified of these judges
[01:39:23.640 --> 01:39:31.640]  but you you're the master they all answer to you even those district judges does that make sense
[01:39:31.640 --> 01:39:43.320]  sonny it it does it uh and a sort of a nuance i guess off of that if i file uh in the state
[01:39:43.320 --> 01:39:51.400]  the criminal complaint uh do you think they would do something like uh lose the body mic recording
[01:39:51.400 --> 01:39:56.040]  the body mic recording did i lose you son where'd you go sonny because that that would
[01:39:56.760 --> 01:40:00.840]  that pretty much has the officer saying but wait wait back up we lost you there
[01:40:02.280 --> 01:40:12.040]  okay if it if i file um in in the state um the criminal complaint against the uh the officer
[01:40:12.680 --> 01:40:20.040]  do you think at that point they might lose the body mic recording uh because that would
[01:40:20.040 --> 01:40:28.280]  have evidence of him admitting that uh he did not know what i was talking about as far as commerce
[01:40:28.280 --> 01:40:34.280]  you should already have in a request for that body mic recording okay who do i request
[01:40:35.080 --> 01:40:39.640]  make it to the sheriff or to the chief of police is it a municipal police department or a
[01:40:39.640 --> 01:40:47.000]  sheriff's department uh county sheriff county sheriff make it to the sheriff okay and then
[01:40:47.000 --> 01:40:51.560]  when you don't get it read the open records act for georgia when you don't get it within the time
[01:40:51.560 --> 01:40:58.120]  limit or if he doesn't get a request within the time limit the next day you file criminal charges
[01:40:58.120 --> 01:41:07.560]  against the sheriff i like to file charges that are so incredibly nitpicking they can't believe it
[01:41:09.480 --> 01:41:14.600]  because it's never my intent to get someone indicted or cause them to lose their job
[01:41:14.600 --> 01:41:23.800]  uh it's my complaints go to fair warning like this this judge had a had himself an attitude
[01:41:25.160 --> 01:41:33.400]  well i gave him an attitude adjustment something as minor as him not turning up his sound system
[01:41:34.200 --> 01:41:38.040]  now i'm going to take that to a grand jury and ask the grand jury to indict him
[01:41:38.040 --> 01:41:43.880]  and if anybody interferes with me getting to the grand jury well i'll file against them
[01:41:46.120 --> 01:41:51.640]  i have filed criminal charges against the chief justice of the texas supreme court
[01:41:53.080 --> 01:41:57.240]  for not acting on one of my criminal complaints that was so much fun
[01:42:00.760 --> 01:42:05.080]  you see you are the master makes no difference how high they are
[01:42:05.080 --> 01:42:13.640]  they are a public servant key word servant this would imply that there's somewhere there is a
[01:42:13.640 --> 01:42:22.200]  master that would be you the public the public is the master they are the servant they are there to
[01:42:22.200 --> 01:42:33.640]  serve us there is one major drawback once you start doing this it can get to be way too much fun
[01:42:33.640 --> 01:42:35.160]  way too much fun
[01:42:38.120 --> 01:42:40.440]  there's you get to see the chicken dance
[01:42:43.480 --> 01:42:49.640]  the way you see the chicken dance is you know if a police officer calls and pulls me over and i get
[01:42:49.640 --> 01:42:57.480]  one smart word out of him that i don't like i pull out my cell phone dial 911 and ask the dispatcher
[01:42:57.480 --> 01:43:04.280]  to send somebody out to arrest this officer for official official oppression and you know i get
[01:43:04.280 --> 01:43:10.600]  some argument from the dispatcher it's so much fun to to bandy words with the dispatcher while
[01:43:10.600 --> 01:43:17.000]  the officer is standing there listening it's just wonderful and then they'll i eventually get them
[01:43:17.000 --> 01:43:22.440]  to send an officer and when the officer gets there i'm trying to get him to arrest his buddy
[01:43:22.440 --> 01:43:27.720]  and he don't want to but i'm the one to call 911 and got him out there so that's when they start
[01:43:27.720 --> 01:43:35.160]  shifted from one foot to the other uh well uh mr kelton uh and i call that the little chicken dance
[01:43:36.680 --> 01:43:42.760]  the first time you do this you'll get to see it but there's no laughing out loud that's cheese
[01:43:44.520 --> 01:43:50.200]  hang on we'll finish this up on the other side chris marcus we see there bandy kelton steve's
[01:43:50.200 --> 01:43:56.440]  get more rules of our radio or call it number 512-646-1984 we'll be right back
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[01:46:28.600 --> 01:46:57.240]  Okay, we are back, Brandon Kelton, Steve Skidmore, Wheelball Radio, and we're talking to Sonny
[01:46:57.240 --> 01:47:04.840]  in Georgia. Well, Sonny, does that kind of make sense?
[01:47:04.840 --> 01:47:13.320]  It does. It does. I found that code section telling me I had to show the officer my license,
[01:47:13.320 --> 01:47:17.800]  but it only pertains to if you're operating a motor vehicle.
[01:47:17.800 --> 01:47:23.640]  No, no. What is the remedy? Does it make not showing the license a crime?
[01:47:23.640 --> 01:47:33.160]  Let me explain. A lot of statutes say you have to do something, but it doesn't make
[01:47:33.160 --> 01:47:42.520]  it a crime if you don't. Like in Texas, you're not required by law to have your registration
[01:47:42.520 --> 01:47:48.680]  on the sticker on the windshield. What the law says, if you don't have a registration
[01:47:48.680 --> 01:47:54.920]  sticker on the windshield, the police officer can consider that as reasonable probable cause
[01:47:54.920 --> 01:48:00.440]  to believe you don't have it. It's not even a flaw not to have it, and it's not a crime
[01:48:00.440 --> 01:48:06.680]  not to have it. Make sure that statute is a violation of the statute designated as a
[01:48:06.680 --> 01:48:13.800]  criminal act, but it's not. It's talking about a criminal act. It says,
[01:48:13.800 --> 01:48:18.760]  you shall be fined no more than $10 if you produce your license in court.
[01:48:23.240 --> 01:48:27.400]  Does it make it a crime? Okay. I guess it kind of does.
[01:48:30.120 --> 01:48:35.720]  Yeah. Even if the penalty is $10, though it may be a sentence, it's still a penalty.
[01:48:35.720 --> 01:48:43.560]  That'll suck. Well, the key is that it only
[01:48:43.560 --> 01:48:47.880]  pertains to operating a motor vehicle. You're right about that. That's just a
[01:48:47.880 --> 01:48:54.600]  more arcane question. It's not quite as cut and dry as I'd like it to be.
[01:48:57.000 --> 01:48:58.040]  Nothing ever is.
[01:48:58.040 --> 01:49:07.640]  Okay. I take it the officer wasn't overly abusive, threatening? Did he put his hand on his pistol?
[01:49:13.720 --> 01:49:19.960]  I really don't remember. I was just, my mind was running a thousand miles an hour.
[01:49:21.640 --> 01:49:26.760]  Okay. Yeah. And that happens a lot. That's why we like recordings. Or if you don't have a recording,
[01:49:26.760 --> 01:49:31.720]  as soon as possible, something like this happens, sit down and write it down.
[01:49:33.000 --> 01:49:35.880]  Write down what you remember. Doesn't matter if you remember everything or not.
[01:49:37.080 --> 01:49:40.280]  Just write down what you remember because the next time you look at it,
[01:49:41.880 --> 01:49:47.560]  what you wrote the first time will begin to stitch together details that you've missed.
[01:49:49.000 --> 01:49:51.800]  You go over it two or three times. You can pull all the details back out.
[01:49:51.800 --> 01:49:56.840]  Okay. So get out your pen, start writing. This is your homework assignment.
[01:49:58.920 --> 01:50:05.800]  And then look in the code. You didn't refuse to give him your license. You asked for probable
[01:50:05.800 --> 01:50:13.640]  cause and because you asked for probable cause, he arrested you. Right?
[01:50:13.640 --> 01:50:15.640]  That's pretty much it. Yes, sir.
[01:50:15.640 --> 01:50:21.960]  In law, they call that oopsie daisy.
[01:50:21.960 --> 01:50:29.960]  And frankly, the more nitpicking the claim, the statute is, or your claim is, the better.
[01:50:31.960 --> 01:50:39.720]  I had a Bailey knocked me down, break my elbow once to keep me from getting to the grand jury
[01:50:39.720 --> 01:50:45.720]  with criminal complaints against the district attorney. I did not file against him.
[01:50:47.720 --> 01:50:52.840]  That would have almost certainly ended his career. And he did not intend to knock me down.
[01:50:53.640 --> 01:50:59.160]  It was clearly an accident. I stepped out the door and just as I stepped on a little carpet there
[01:50:59.160 --> 01:51:05.080]  they had to clean your feet with, he gave me a little bit of a push and that carpet came out
[01:51:05.080 --> 01:51:10.440]  from under me and I fell down backwards. He was mortified that he had knocked me down.
[01:51:11.400 --> 01:51:19.640]  And had I pursued it, that one tiny little push would have ended a 30 year career.
[01:51:20.920 --> 01:51:27.320]  I had no intention of doing that to him. And that actually gave me an incredible amount of
[01:51:27.320 --> 01:51:33.640]  credibility in the courthouse. And I was just, I was just, I was just, I was just,
[01:51:33.640 --> 01:51:42.040]  then I come in and file against these people with the most nitpicking stuff I can think of.
[01:51:44.840 --> 01:51:50.840]  That's just to let you know, you have to follow all of the rules.
[01:51:53.000 --> 01:52:00.440]  When you break one, this is what you're subject to. And they could not like it. They can try to
[01:52:00.440 --> 01:52:07.080]  reason with me and I am so incredibly unreasonable. Matter of fact, I tend to think it's funny.
[01:52:07.880 --> 01:52:15.080]  And it just makes them nuts that I can do this to them. And I'm not even mad at them.
[01:52:15.080 --> 01:52:22.120]  I just think it's a joke and it drives them nuts. The point is, be careful.
[01:52:23.320 --> 01:52:27.800]  This is minor and you're not going to lose your career over this. Everybody's going to get annoyed
[01:52:27.800 --> 01:52:33.720]  at you for getting me sick on them, but you're not going to lose your career over this. So don't do
[01:52:33.720 --> 01:52:41.720]  anything that you will lose your career over. That's our job as the master. Okay. I do need
[01:52:41.720 --> 01:52:50.520]  to move on. We've got a bunch of callers on, but keep us up to speed. Let us know what happens.
[01:52:50.520 --> 01:52:56.200]  Thank you so much. Okay. Thank you, Sonny. Thank you for calling.
[01:52:56.920 --> 01:53:03.480]  Okay. We are going to go to Chris in Pennsylvania. Chris, where have you been?
[01:53:06.360 --> 01:53:12.120]  That's a good question. We've just been sitting around waiting for the bank to do something.
[01:53:12.120 --> 01:53:20.360]  Yeah. So you're the one that did a chapter seven, claimed the property is unsecured.
[01:53:21.400 --> 01:53:32.920]  The bank did not prove up at the prove up hearing and you got the security instrument,
[01:53:32.920 --> 01:53:42.680]  I'm not sure. The note was discharged. Are you familiar with Steve, which one is it?
[01:53:45.800 --> 01:53:51.800]  Bankruptcy code, I think is 11. Yeah. 1524, I believe.
[01:53:54.440 --> 01:54:01.880]  The code that says that, look in the bankruptcy code about the effect of discharge.
[01:54:01.880 --> 01:54:09.240]  Ah, let me get that. Once your debt has been discharged,
[01:54:10.280 --> 01:54:16.680]  the bankruptcy code forbids them to do any more collection based on a security instrument.
[01:54:18.840 --> 01:54:22.680]  Yeah. That's the interesting part. Since we-
[01:54:22.680 --> 01:54:35.720]  That would be section 524 of 11 USC. Let me pull it up right quick.
[01:54:37.640 --> 01:54:44.360]  United States code 11 USC, section 524, effective discharge.
[01:54:44.360 --> 01:54:51.080]  Okay. Read that. It's good.
[01:54:52.200 --> 01:55:04.200]  It's a lengthy one. A, effective discharge in a case under this title. One, voids any judgment
[01:55:04.200 --> 01:55:13.320]  at any time obtained to the extent that such judgment is a determination of the personal
[01:55:13.320 --> 01:55:22.760]  liability of the debtor with respect to any debt discharged under section 727, 944, 1141,
[01:55:22.760 --> 01:55:31.960]  1228, or 1328 of this title. Whether or not discharged of such debt is waived.
[01:55:31.960 --> 01:55:43.080]  Two, operates as an injunction against the commencement or continuation of any action
[01:55:43.080 --> 01:55:51.080]  the employment of process or an act to collect, recover, or offset any such debt
[01:55:54.120 --> 01:56:00.360]  as a personal liability of the debtor, whether or not discharged as such debt is waived.
[01:56:00.360 --> 01:56:08.120]  And three, operates as an injunction against the commencement or continuation of an action,
[01:56:08.120 --> 01:56:17.480]  the employment of a process or an act to collect or recover from or offset against property of the
[01:56:17.480 --> 01:56:27.720]  debtor of the kind specified in section 541A2 of this title that is acquired after the commencement
[01:56:27.720 --> 01:56:38.120]  of the case. On account of any allowable community claim, except a community claim that is accepted
[01:56:42.520 --> 01:56:54.760]  from discharge under section 523, 1228A1, or 1328A1, or that would be so accepted,
[01:56:54.760 --> 01:57:03.720]  determined, and determined in accordance with the provisions of section 523C and 523D of this title.
[01:57:03.720 --> 01:57:10.920]  In a case concerning the debtor's spouse commenced on the date of the filing of the petition,
[01:57:10.920 --> 01:57:18.840]  in the case concerning the debtor, whether or not discharged of the debt of the debt based on such
[01:57:18.840 --> 01:57:25.720]  community claim is waived. So it acts as an injunction on any types of collection or a
[01:57:25.720 --> 01:57:31.560]  commencement of a collection or action to collect. In other words, once it's discharged,
[01:57:31.560 --> 01:57:37.960]  you can't come after the debt, period. Done.
[01:57:37.960 --> 01:57:43.000]  And that's the interesting part is because we receive a letter each month from the bank telling
[01:57:43.000 --> 01:57:46.520]  us that we owe them money on a debt that's been discharged.
[01:57:46.520 --> 01:57:56.520]  I would say that is a direct violation of 11 USC 524A1, 2, and 3.
[01:57:56.520 --> 01:58:03.960]  Chris, have you gone to counseling? And are you under medication for the
[01:58:03.960 --> 01:58:09.960]  stress this is causing you and your wife? I should be actually.
[01:58:10.600 --> 01:58:16.120]  Yeah, I would lose several nights sleep and I would encourage you to do the same. Let's talk
[01:58:16.120 --> 01:58:23.080]  about this a little deeper once we come back from the break. 512-646-1984 will put you in
[01:58:23.080 --> 01:58:27.640]  touch with us. And folks, we encourage you, at least over the break, to go by and
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[01:58:34.280 --> 01:58:42.280]  And we kind of need some help to patronize our sponsors.
[01:58:42.280 --> 01:58:46.200]  Don't patronize our sponsors. I screwed that up last night.
[01:58:47.000 --> 01:58:53.000]  That's okay. We'll be right back station. The Bible remains the most popular book in the
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