[00:00.000 --> 00:05.840] The following newsflash is brought to you by the Lone Star Lowdown, providing the daily [00:05.840 --> 00:13.520] bulletins for the commodities market, today in history, news updates, and the inside scoop [00:13.520 --> 00:21.400] into the tides of the alternative. [00:21.400 --> 00:27.820] Markets for the 23rd of July, 2015, opened up with gold at $1,090.44 an ounce, silver [00:27.820 --> 00:34.560] at $14.68 an ounce, Texas crude at $49.19 a barrel, and Bitcoin is currently sitting [00:34.560 --> 00:44.120] at about $277 U.S. currency. [00:44.120 --> 00:49.920] Today in history, Tuesday, July 23, 1929, Mussolini's fascist regime in Italy wanted [00:49.920 --> 00:54.720] to promote unity and a strong national identity, so they required the use of Italian equivalents [00:54.720 --> 00:58.320] for popular French and English phrases and words at the time. [00:58.320 --> 01:06.520] If one didn't exist, they made the foreign words as Italian as possible. [01:06.520 --> 01:11.120] In recent news, quite an eventful week, with the controversial U.S.-Iran nuclear treaty [01:11.120 --> 01:15.800] being agreed upon and signed, Benjamin Netanyahu, Prime Minister of Israel, said that he believes [01:15.800 --> 01:21.100] it to be a stunning historical mistake, while several retired Israeli intelligence coordinators [01:21.100 --> 01:23.600] stated it to be the best option thus far. [01:23.600 --> 01:28.100] The U.N. Security Council authorized it, and North Korea recently stated that it has no [01:28.100 --> 01:31.480] intention of having any sort of treaty with the United States. [01:31.480 --> 01:35.760] The U.S. and Israel admittedly currently have thousands of nuclear weapons in their arsenals, [01:35.760 --> 01:44.120] while Iran has admittedly zero. [01:44.120 --> 01:48.660] A shooting took place last week on Thursday the 16th, where multiple Marine recruiting [01:48.660 --> 01:51.240] stations were targeted in Chattanooga, Tennessee. [01:51.240 --> 01:55.360] Unfortunately, four Marines were killed and three, including a cop and recruiter, were [01:55.360 --> 01:56.360] injured. [01:56.360 --> 02:00.840] Governor Greg Abbott has since ordered the National Guard to carry on Texas military [02:00.840 --> 02:05.800] bases, and Obama, after much criticism, ordered flags to be flown at half-mask. [02:05.800 --> 02:09.880] Gun-toting Americans have been standing watch over several stations since then. [02:09.880 --> 02:12.320] Unfortunately, one accidentally shot off a round. [02:12.320 --> 02:14.120] Luckily, no one was hurt. [02:14.120 --> 02:24.640] This sparked the debate whether Army recruiting stations and recruiters should be armed. [02:24.640 --> 02:28.640] Yet another undercover video released by the Center of Medical Progress Project shows Dr. [02:28.640 --> 02:32.920] Mary Gatter, former president of the Planned Parenthood Medical Directors Council until [02:32.920 --> 02:38.160] 2014, discussing ways they could get whole specimens and haggling over the price of fetus [02:38.160 --> 02:41.400] tissue casually over a couple drinks. [02:41.400 --> 02:44.120] Mary Gatter even mentioned she wanted a Lamborghini. [02:44.120 --> 02:48.760] The Center for Medical Progress Project plans to release even more videos in the next couple [02:48.760 --> 02:49.760] weeks. [02:49.760 --> 03:12.160] This has been your Lowdown for July 23, 2015. [03:12.160 --> 03:40.160] What you're gonna do, is when we come for you, we're here now, this is Randy Kelton, [03:40.160 --> 03:51.560] I believe by radio, on this four-hour info marathon Friday, the 24th day of July, 2015. [03:51.560 --> 03:56.360] And I'm hoping that Jeff Sedgwick will call in. [03:56.360 --> 04:07.500] He sent me a 70-page order in a debt collection case that should rock the debt collector's [04:07.500 --> 04:08.500] world. [04:08.500 --> 04:14.880] We talked about it last week, and before we were starting the show, I was trying to go [04:14.880 --> 04:24.480] through it and read it, it is apparently quite extensive and raises some very pointed issues [04:24.480 --> 04:31.920] that Jeff has been trying to hammer into us for a long time, concerning the difference [04:31.920 --> 04:37.880] between fraud and false and misleading. [04:37.880 --> 04:45.120] For me, it's somewhat disturbing in that we've helped a lot of people file lawsuits against [04:45.120 --> 04:50.560] the banks, and we've made a lot of claims of fraud. [04:50.560 --> 04:58.400] And for the most part, the courts have dismissed them under Rule 12-26, and it may well be [04:58.400 --> 05:06.640] that Jeff has been on point the whole time as to why they're being dismissed, because [05:06.640 --> 05:17.120] we were claiming fraud, but because fraud itself has a heightened pleading standards, [05:17.120 --> 05:24.920] the court seemed to automatically dismiss the case, claiming we didn't reach the threshold [05:24.920 --> 05:32.280] for pleading fraud, and Jeff has been trying to tell us stop pleading fraud and plead false [05:32.280 --> 05:33.280] and misleading. [05:33.280 --> 05:39.400] False and misleading does not invoke the higher pleading standards. [05:39.400 --> 05:45.080] And wonderful, wonderful, Mr. Jeff is on the line. [05:45.080 --> 05:50.240] Hello, Mr. Jeff, we are here to be educated. [05:50.240 --> 05:55.640] Well, I can barely hear you, Guy. [05:55.640 --> 05:56.640] Interesting. [05:56.640 --> 05:59.040] The volume turned down at least this full volume. [05:59.040 --> 06:03.160] Okay, I'm going to talk to a phantom. [06:03.160 --> 06:07.840] Robert, mic check, do I sound hot enough? [06:07.840 --> 06:11.560] You sound better now. [06:11.560 --> 06:16.080] Okay, he may have turned me up. [06:16.080 --> 06:19.760] He can talk to me when we're on the air, when you can't hear him, that's why I call him [06:19.760 --> 06:20.760] the phantom. [06:20.760 --> 06:23.800] He's the phantom in the works. [06:23.800 --> 06:24.800] Yeah. [06:24.800 --> 06:25.800] Okay. [06:25.800 --> 06:29.440] And he's the one we pick on on the breaks. [06:29.440 --> 06:32.320] We have great fun at his expense. [06:32.320 --> 06:33.320] Okay. [06:33.320 --> 06:34.320] Yeah. [06:34.320 --> 06:49.560] I was reading the document, I was reading the order on the CF, the Consumer Financial [06:49.560 --> 06:52.760] Protection Bureau suit. [06:52.760 --> 07:06.400] And I've noticed in the beginning, they spoke, they accused the CFPB, accused Hannah of making [07:06.400 --> 07:09.680] false and misleading statements. [07:09.680 --> 07:13.960] We're talking about the same things that we've been talking about, a little bit different [07:13.960 --> 07:19.720] take on what we're accusing him of doing, theirs was a lot more sophisticated. [07:19.720 --> 07:25.640] But where we would have said that these documents they were presenting were fraudulent, the [07:25.640 --> 07:30.640] CFPB didn't call them fraudulent, they called them false and misleading. [07:30.640 --> 07:31.640] Yes. [07:31.640 --> 07:33.840] Will you pick that up, Jeff? [07:33.840 --> 07:35.880] I'm sorry, sir? [07:35.880 --> 07:38.560] Say, will you pick that issue up? [07:38.560 --> 07:40.120] That is your issue. [07:40.120 --> 07:47.680] Well, as was actually spelled out in that particular order, and by the way, that isn't [07:47.680 --> 07:53.440] an order denying Hannah's motion to dismiss. [07:53.440 --> 08:00.640] So I want to make note of that, that's a 70 page order on a motion to dismiss. [08:00.640 --> 08:09.240] And this judge bore down and handled, as far as I'm concerned, every tiny little detail [08:09.240 --> 08:13.560] and facet beyond belief. [08:13.560 --> 08:17.880] And you're right, Randy, this will rock their world. [08:17.880 --> 08:19.360] All right. [08:19.360 --> 08:30.000] One of the things the judge pointed out is that the FDCPA is a strict liability statute [08:30.000 --> 08:33.760] and is pled under rule eight. [08:33.760 --> 08:43.680] However, you claim fraud and you now have to plead under rule nine B, which requires [08:43.680 --> 08:49.840] a considerable amount of specificity and particularity. [08:49.840 --> 08:58.920] And it also takes the case out from underneath, strict liability, because now you have to [08:58.920 --> 09:07.640] plead intent, and how the heck are you going to prove that somebody intended? [09:07.640 --> 09:13.120] It's darn near impossible, and if you were able to do it, it took one of those 10 wheel [09:13.120 --> 09:16.320] dump trucks to carry the load. [09:16.320 --> 09:19.520] Do you agree, Randy? [09:19.520 --> 09:20.520] Okay. [09:20.520 --> 09:26.360] Point is well made, and you've been trying to make that point with us for a long time. [09:26.360 --> 09:35.440] It took until you got to this document that it finally dawned on me, got through my thick [09:35.440 --> 09:40.240] set of unstated presuppositions, that I finally began to understand the difference. [09:40.240 --> 09:42.000] So can you... [09:42.000 --> 09:43.800] You're also handling another issue. [09:43.800 --> 09:51.800] I'm trying to go through this, where you kind of get the cliff notes on what this order [09:51.800 --> 09:52.800] says. [09:52.800 --> 10:02.200] Well, as I was about to mention, it handles something else within there, within the contents, [10:02.200 --> 10:10.840] because I have been saying for years that the affiant in debt cases, I have never yet, [10:10.840 --> 10:17.920] ever seen a single affiant that has ever been affirmatively identified. [10:17.920 --> 10:22.360] Now, Randy, you want to talk about what that is? [10:22.360 --> 10:28.840] Yes, as a matter of fact, I do. [10:28.840 --> 10:35.600] We have affidavits attached to these documents, and the affidavit starts out saying that he [10:35.600 --> 10:43.440] worked for a certain company for a certain period of time, and he did certain things. [10:43.440 --> 10:45.040] Okay. [10:45.040 --> 10:46.040] So what? [10:46.040 --> 10:48.640] Who are you? [10:48.640 --> 10:53.680] And what background do you have? [10:53.680 --> 11:01.560] This all goes to, what's the word, foundation. [11:01.560 --> 11:07.160] He's attempted to establish foundation, but he's merely said that, I worked for the company [11:07.160 --> 11:12.080] and I know something about it, and I trust what they do, and I know how to do their business, [11:12.080 --> 11:16.760] and therefore, in this case, they must have done it this way, because that's the way I [11:16.760 --> 11:19.680] have always seen them do it. [11:19.680 --> 11:26.920] That doesn't establish this person as a witness in this case. [11:26.920 --> 11:27.920] Right. [11:27.920 --> 11:37.640] It goes to, what are the qualifications of the person who is testifying? [11:37.640 --> 11:38.640] What did they know? [11:38.640 --> 11:42.520] How did they come to know it? [11:42.520 --> 11:49.960] That all goes to foundation, and nowhere in it, they may say that, you know, I'm Jack [11:49.960 --> 11:54.840] in the beanstalk, and I work for ABC credit card company. [11:54.840 --> 11:56.560] Oh yeah? [11:56.560 --> 12:00.080] Who says? [12:00.080 --> 12:03.480] And I hold the position of custodian of the records. [12:03.480 --> 12:04.480] Oh yeah? [12:04.480 --> 12:06.840] Who says? [12:06.840 --> 12:08.640] And I have reviewed the accounts. [12:08.640 --> 12:09.720] Oh really? [12:09.720 --> 12:11.360] Where is the account? [12:11.360 --> 12:13.520] Where are those records? [12:13.520 --> 12:16.760] Show me those records. [12:16.760 --> 12:18.960] It just goes on like that. [12:18.960 --> 12:25.880] If you take an affidavit and just go through the part where the affiant is identifying [12:25.880 --> 12:30.520] themselves and draw a line when they've finished identifying themselves, and then count up [12:30.520 --> 12:35.960] the number of facts that they state below that line as far as the debt is concerned, [12:35.960 --> 12:42.200] you'll find out that she has just stated just about as many facts about herself as she has [12:42.200 --> 12:52.120] about the debt, none of which, none of which is evidenced on the record. [12:52.120 --> 12:53.120] You with me, Randy? [12:53.120 --> 12:55.680] Yes, I am. [12:55.680 --> 12:59.960] I was trying to think how to respond to that. [12:59.960 --> 13:07.440] If you're in a traffic court, when the prosecutor calls a policeman up, the policeman comes [13:07.440 --> 13:14.800] up and he's in uniform, we all know what he is, but a lot of times the prosecutor will [13:14.800 --> 13:22.960] spend more time developing foundation for this officer's testimony than he does developing [13:22.960 --> 13:25.840] the officer's testimony. [13:25.840 --> 13:33.040] He asks him about his experience, his qualifications, where he worked, how long he's worked there. [13:33.040 --> 13:40.560] You always hear this series of questions that have nothing to do with the case at hand, [13:40.560 --> 13:48.760] and that's establishing who this guy is and why you should listen to him, why he is able [13:48.760 --> 13:57.200] to bring to this court information that amounts to evidence supported by a foundation. [13:57.200 --> 14:04.920] But I didn't say that right, that he has, he's establishing foundation to the evidence [14:04.920 --> 14:05.920] he's supporting. [14:05.920 --> 14:06.920] The trustworthiness of his statements. [14:06.920 --> 14:12.240] If you say that again, I kind of stepped on you, I'm sorry. [14:12.240 --> 14:19.040] It goes to the trustworthiness of his statements. [14:19.040 --> 14:25.760] Yeah, it goes to something a little more than that. [14:25.760 --> 14:33.160] Not just the trustworthiness, because these guys in these affidavits, they tend to imply [14:33.160 --> 14:36.480] more than they say. [14:36.480 --> 14:46.720] It goes to a specificity of exactly who he is and exactly his specific qualifications [14:46.720 --> 14:52.560] to give this particular testimony in this particular circumstance. [14:52.560 --> 15:01.760] They'll go on to say, did you observe this offense and where were you and how did you [15:01.760 --> 15:02.760] observe it? [15:02.760 --> 15:10.280] A whole bunch of questions so that you know exactly what this person's position was when [15:10.280 --> 15:17.080] he came into possession of first-person evidence, because that's the only thing he can testify [15:17.080 --> 15:18.080] to. [15:18.080 --> 15:19.080] Right. [15:19.080 --> 15:26.920] We don't see that in these affidavits. [15:26.920 --> 15:36.000] What is really, insofar as I'm concerned, a blessing about this particular judicial [15:36.000 --> 15:43.120] order is that the judicial order that came out of the Eleventh Circuit that was cited [15:43.120 --> 15:48.280] in this order and the one that was cited in this order was actually handed down by the [15:48.280 --> 15:58.440] Eleventh Circuit 14 days earlier, just that quick that Eleventh Circuit was being cited. [15:58.440 --> 16:02.360] That goes to, yes, you can, Charlie Brown. [16:02.360 --> 16:09.320] You can sue an attorney who makes false and misleading statements in litigation, be it [16:09.320 --> 16:15.240] written or oral. [16:15.240 --> 16:24.520] When the lawyer steps up in front of the bar or steps through the bar and steps up in front [16:24.520 --> 16:30.880] of the bench, he doesn't step out of FTCPA coverage. [16:30.880 --> 16:33.880] No, he does not. [16:33.880 --> 16:34.880] Okay. [16:34.880 --> 16:37.880] We're about to go to break. [16:37.880 --> 16:40.880] This is Randy Kelton, Louisville Radio. [16:40.880 --> 16:43.880] I call it number 512-646-1984. [16:43.880 --> 16:50.240] We will have the call lines open all night, about 9 o'clock, we expect, with Kim Magnuson [16:50.240 --> 16:51.240] calling you. [16:51.240 --> 17:00.680] He has an issue that is similar in the vein to what we're talking about here. 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[19:00.400 --> 19:09.080] You are listening to the Logos Radio Network, the LogosRadioNetwork.com. [19:09.080 --> 19:15.800] Okay, we are back. [19:15.800 --> 19:29.520] Randy Cochran, rule of law radio on the show. [19:29.520 --> 19:36.440] Friday, the 24th of July 2015 and I started out the show great by running off until fair [19:36.440 --> 19:37.440] and real fast. [19:37.440 --> 19:40.440] I'll try to do better next time. [19:40.440 --> 19:42.440] Okay, Jeff, we are back. [19:42.440 --> 19:48.880] Can you, there were some things you were talking about in this order that were most intriguing [19:48.880 --> 19:50.680] that the judge went into. [19:50.680 --> 19:53.680] I'm sorry, I'm missing what you're saying there, Randy. [19:53.680 --> 19:59.960] Let's say there are a number of issues in this order that we were talking about earlier [19:59.960 --> 20:04.880] on the phone that I thought was most interesting. [20:04.880 --> 20:09.640] Will you kind of give us kind of a synopsis of the order? [20:09.640 --> 20:17.880] That's going to be a little difficult for me at the moment and the reason why is because [20:17.880 --> 20:20.120] I've read 10 cases since then. [20:20.120 --> 20:21.120] Oh, okay. [20:21.120 --> 20:29.600] Well, not the whole order, but kind of the gist of where they're going, the issues that [20:29.600 --> 20:31.600] really stood out. [20:31.600 --> 20:32.600] Okay. [20:32.600 --> 20:40.800] One of the things that we have been seeing recently is we've been seeing attorneys and [20:40.800 --> 20:46.320] we saw some of that out in Texas pleading in safe harbor or qualified immunity. [20:46.320 --> 20:55.760] Well, in this decision, it also, again, destroys that argument because if they come into the [20:55.760 --> 21:02.240] court and they make false and misleading statements, they stepped out of whatever possible safe [21:02.240 --> 21:07.120] harbor or qualified immunity may have been, which I doubt if there's any, and stepped [21:07.120 --> 21:10.640] right in the middle of FDCPA liability. [21:10.640 --> 21:25.080] They've also gone handling the case, the lack of affirmative identification of the affiant [21:25.080 --> 21:30.640] and why it is you want to... and the big thing as far as I'm concerned is why it is [21:30.640 --> 21:35.680] you want to stay with false and misleading as opposed to fraud or fraudulent. [21:35.680 --> 21:42.960] Because one of the things that we have seen, unfortunately, is almost the very instant [21:42.960 --> 21:50.200] somebody puts the word fraud or fraudulent in an FDCPA action, the court will shift over [21:50.200 --> 21:58.440] to Rule 9B writing for complaint and it doesn't have it and the case will be dismissed for [21:58.440 --> 22:02.160] failure to state a claim. [22:02.160 --> 22:06.080] Those are the biggies right there. [22:06.080 --> 22:13.160] Well, for me, it's kind of difficult because that explains why all of my suits that I thought [22:13.160 --> 22:24.400] were so great have been tossed on 12B6 because we did just exactly what you just indicated [22:24.400 --> 22:30.640] we should not have done, we moved them from Rule 8 to Rule 9. [22:30.640 --> 22:38.480] At the same time, Randy, look at the difference between me saying it and who is saying it. [22:38.480 --> 22:44.600] Here, you've got a case of a judge saying it and in the other words, it was just me [22:44.600 --> 22:47.600] and what do I know? [22:47.600 --> 22:56.960] Like you, I'm a litigator, but I have no acknowledged authority, that is, I don't have something [22:56.960 --> 23:00.400] like judge preceding my name. [23:00.400 --> 23:03.360] That really wasn't it. [23:03.360 --> 23:12.120] It was that somehow I didn't understand it, it didn't click in my brain, the difference. [23:12.120 --> 23:23.440] When you made the reference to Rule 8 shifting to Rule 9, that's when the light came on. [23:23.440 --> 23:35.960] It's kind of difficult, Randy, to know what it is somebody else might be missing for it [23:35.960 --> 23:36.960] to click. [23:36.960 --> 23:37.960] Yeah, I know. [23:37.960 --> 23:45.320] Evidently, in this particular case, the difference in the plea between Rule 8 and Rule 9B is [23:45.320 --> 23:49.600] what was missing for you, but I had no way of knowing that. [23:49.600 --> 23:55.920] You've been trying to hammer it into me for a long time, I was just slow to catch on. [23:55.920 --> 24:01.680] I did in a roundabout way in telling you you have to plead with specificity and particularity [24:01.680 --> 24:03.960] and you have to plead intent. [24:03.960 --> 24:11.000] Well, yeah, but that doesn't say Rule 9B, even though it's in there. [24:11.000 --> 24:16.280] I kind of understood it, it's just somehow it didn't click for me and I've been paying [24:16.280 --> 24:22.400] a lot of attention to never using fraud since you told me about it. [24:22.400 --> 24:31.440] But I really didn't get it until you mentioned the Rule 8 and 9 difference. [24:31.440 --> 24:36.160] I had seen it in pleadings before, so they had tried to tell me, the courts had tried [24:36.160 --> 24:40.600] to tell me in their orders and I just didn't get it. [24:40.600 --> 24:44.280] I guess that's the problem with us boseys. [24:44.280 --> 24:48.600] We have these huge gaps in our knowledge. [24:48.600 --> 25:03.320] But the other issue about the lawyers and pleading, filing, stating facts or filing [25:03.320 --> 25:11.840] pleadings without testing the veracity of the affiants in those pleadings or those affidavits [25:11.840 --> 25:20.640] or whatever they're filing, they're accepting the statements of their clients without doing [25:20.640 --> 25:25.600] their own investigation into the veracity of the client. [25:25.600 --> 25:31.400] And what the courts, if I understood this right, what the courts are saying, your client [25:31.400 --> 25:38.000] is not responsible for what you present to the court, you are. [25:38.000 --> 25:44.320] You can't stand on your trust for your client. [25:44.320 --> 25:49.600] When you make a statement to the court, when you present a document to the court, you need [25:49.600 --> 25:54.960] to know for sure that that document is not fraudulent. [25:54.960 --> 26:01.680] Or does it contain false and misleading statements? [26:01.680 --> 26:02.680] Got it. [26:02.680 --> 26:03.680] Got it. [26:03.680 --> 26:04.680] I got that. [26:04.680 --> 26:06.320] And that was a big deal. [26:06.320 --> 26:15.360] We have Santiago V. Mackey here in Texas that goes to a very similar issue where, but in [26:15.360 --> 26:24.040] this case, Mackey presented a false document to a client outside of court or to a litigant [26:24.040 --> 26:30.560] where under UCC 3-501, he asked to see the original instrument, Mackey tells him to come [26:30.560 --> 26:36.000] on down, I'll show it to you, you got to hear my office, and he shows him a copy. [26:36.000 --> 26:42.400] And because it was a copy presented as an original, they sued him for that and won that [26:42.400 --> 26:44.440] one. [26:44.440 --> 26:46.800] Right. [26:46.800 --> 26:58.360] So this follows along with, I'm here in Texas and we have this 11th circuit ruling walks [26:58.360 --> 27:08.160] right down the legal thought processes that were in Santiago V. Mackey. [27:08.160 --> 27:16.920] So that will give the 11th circuit ruling a lot more clout in the 5th circuit, I hope. [27:16.920 --> 27:25.800] Well, they tend to honor and give it persuasive value. [27:25.800 --> 27:32.480] That's what we need, the procession, they give us no honor or accept no persuasive value [27:32.480 --> 27:39.760] out of anything we say, or even for the most part, any case law that we bring, but when [27:39.760 --> 27:46.280] it comes from another circuit, that's different. [27:46.280 --> 27:51.200] It's like the Eastern District of Texas. [27:51.200 --> 28:01.400] That court over there, just recently, I mean like in the last six months or so, has adopted [28:01.400 --> 28:11.640] the standard laid out in the 6th circuit from the Haddad versus Alexander case as to what [28:11.640 --> 28:16.280] constitutes validation. [28:16.280 --> 28:25.280] So now we've got one court in Texas that has adopted a case, I think it was out of [28:25.280 --> 28:29.240] the 6th circuit. [28:29.240 --> 28:34.040] The pleadings, I'm not sure, it's either the 6th or 10th circuit, I'm just not sure [28:34.040 --> 28:41.480] which one, but it is adopted, the standard is expressed in Haddad versus Alexander case [28:41.480 --> 28:51.200] as to what validation is, and we can see that sort of thing migrating throughout the courts. [28:51.200 --> 28:54.360] This particular one will be great if it does. [28:54.360 --> 29:02.440] Yeah, but if you think about this CFPB versus HANA, and this is a ruling on a motion to [29:02.440 --> 29:16.160] dismiss with the statements made in that ruling, that basically is a hammer to basically bludgeon [29:16.160 --> 29:21.320] virtually every debt collector that comes into court if you put it in appearance. [29:21.320 --> 29:29.840] Because a debt collector, he's coming into court with documentation that the documentation [29:29.840 --> 29:37.440] in itself is insufficient as evidence, and he apparently has no direct connection to [29:37.440 --> 29:39.440] the first person witnesses. [29:39.440 --> 29:46.240] If there are any, please join your music. [29:46.240 --> 29:49.240] Yes, I think you do. [29:49.240 --> 29:54.480] Okay, I'll try not to fall off the cliff this time, Randy Calton with our radio, I call [29:54.480 --> 30:00.400] it number 512-646-1984, we'll be right back. [30:00.400 --> 30:08.240] Do stats of homework actually help kids learn more, or are after school assignments pointless? [30:08.240 --> 30:12.960] I'm Dr. Catherine Albrackton, I'll tell you about a new study that measured the benefit [30:12.960 --> 30:16.680] of homework on student achievement in a moment. [30:16.680 --> 30:18.400] Privacy is under attack. [30:18.400 --> 30:22.800] When you give up data about yourself, you'll never get it back again, and once your privacy [30:22.800 --> 30:27.000] is gone, you'll find your freedoms will start to vanish too. [30:27.000 --> 30:32.120] So protect your rights, say no to surveillance, and keep your information to yourself. [30:32.120 --> 30:34.760] Privacy, it's worth hanging on to. [30:34.760 --> 30:40.360] This message is brought to you by Startpage.com, the private search engine alternative to Google, [30:40.360 --> 30:42.080] Yahoo, and Bing. [30:42.080 --> 30:46.080] Start over with Startpage. 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[32:06.000 --> 32:09.840] In today's America, we live in an us-against-them society, and if we the people are ever going [32:09.840 --> 32:13.480] to have a free society, then we're going to have to stand and defend our own rights. [32:13.480 --> 32:17.000] Among those rights are the right to travel freely from place to place, the right to act [32:17.000 --> 32:20.680] in our own private capacity, and most importantly, the right to due process of law. [32:20.680 --> 32:24.880] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve [32:24.880 --> 32:26.240] our rights through due process. [32:26.240 --> 32:30.240] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the [32:30.240 --> 32:34.000] most comprehensive teaching tool available that will help you understand what due process [32:34.000 --> 32:36.400] is and how to hold courts to the rule of law. [32:36.400 --> 32:40.400] You can get your own copy of this invaluable material by going to ruleoflawradio.com and [32:40.400 --> 32:41.400] ordering your copy today. [32:41.400 --> 32:45.040] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, [32:45.040 --> 32:49.480] The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research [32:49.480 --> 32:51.480] documents, and other useful resource material. [32:51.480 --> 32:55.080] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [32:55.080 --> 33:00.080] Order your copy today, and together we can have the free society we all want and deserve. [33:00.080 --> 33:22.440] You're listening to the Logos Radio Network at logosradionetwork.com. [33:22.440 --> 33:30.840] We are back with Eddie Kelton, Rule of Law Radio, here with Jeff Sedgwick, and I'm going [33:30.840 --> 33:31.840] to bring on James. [33:31.840 --> 33:32.840] James has a question on topic. [33:32.840 --> 33:33.840] James? [33:33.840 --> 33:34.840] I'm here. [33:34.840 --> 33:41.840] You had a question on preponderance of evidence concerning false and misuse. [33:41.840 --> 33:48.000] Jeff says, when you bring up fraud, you take it from beyond a preponderance to beyond any [33:48.000 --> 33:50.680] reasonable doubt. [33:50.680 --> 33:59.720] When most people sit there and go, fraud, well, I've got to go with Rule 9B or 12B6. [33:59.720 --> 34:04.320] When you go to fraud, what are your specific allegations? [34:04.320 --> 34:06.640] They're not there. [34:06.640 --> 34:12.560] Now for another thing for your information, Randy, is on September 28th, the writ that [34:12.560 --> 34:17.800] we have before SCOTUS goes to the discuss list, like I said, on September 28th. [34:17.800 --> 34:22.480] They're going to hear it, we believe. [34:22.480 --> 34:23.480] Interesting. [34:23.480 --> 34:30.120] And for those who didn't get it, SCOTUS is Supreme Court. [34:30.120 --> 34:32.920] Supreme Court of the United States. [34:32.920 --> 34:37.520] And most people don't realize that Supreme Court of the United States or SCOTUS does [34:37.520 --> 34:42.840] not care if the appellate court and the trial courts make an error. [34:42.840 --> 34:49.720] They're not going to take it and grant a writ of cert, and I can't think of how you say [34:49.720 --> 34:50.720] it properly. [34:50.720 --> 34:53.720] Jeff may know how to say writ of certoria. [34:53.720 --> 34:54.720] Certiori? [34:54.720 --> 34:55.720] Certiori. [34:55.720 --> 34:56.720] Okay, that's good enough. [34:56.720 --> 34:57.720] I don't know how to say it. [34:57.720 --> 34:58.720] I just say a writ or a cert. [34:58.720 --> 34:59.720] Okay. [34:59.720 --> 35:00.720] I understand. [35:00.720 --> 35:01.720] There are words I can't spit out either. [35:01.720 --> 35:16.320] Well, I don't even try, I just go with the short versions. [35:16.320 --> 35:21.640] But it's all scheduled for the discuss list on September 28th. [35:21.640 --> 35:27.120] But it's like I was saying is that the SCOTUS Supreme Court of the United States does not [35:27.120 --> 35:34.720] care if a trial court makes an error and falsely applies law or not. [35:34.720 --> 35:38.440] That won't get you to the United States Supreme Court. [35:38.440 --> 35:46.040] Now, where it will get you there is if you can prove that they violated your civil rights [35:46.040 --> 35:49.240] and how did they violate your civil rights. [35:49.240 --> 35:59.200] Yeah, but we've got a lot of people trying to get there claiming violations of civil [35:59.200 --> 36:00.200] rights. [36:00.200 --> 36:06.000] There's more to getting to the Supreme than just having a civil right violated. [36:06.000 --> 36:10.680] Yeah, and Randy and I got to agree with Jeff. [36:10.680 --> 36:14.000] On the internet, I got you five by five, loud and clear. [36:14.000 --> 36:19.440] On the phone, you're three by five, not as loud but still clear. [36:19.440 --> 36:20.440] Okay. [36:20.440 --> 36:26.200] My producer is telling me that I'm coming through on his side, loud and clear. [36:26.200 --> 36:27.200] Yeah. [36:27.200 --> 36:29.720] Like I said, on the internet, you're five by five, loud and clear. [36:29.720 --> 36:31.520] But on the phone, you're three by five. [36:31.520 --> 36:32.520] Oh, okay. [36:32.520 --> 36:34.400] So that may just be our connections. [36:34.400 --> 36:37.160] Yeah, it could be. [36:37.160 --> 36:38.160] Yeah. [36:38.160 --> 36:43.880] We'll have to keep adjusted for what's going out on the stream. [36:43.880 --> 36:49.400] But no, I like what Jeff says and I find it very interesting what he says. [36:49.400 --> 36:54.160] And if you want to share the writ with him, because that he's going to find very interesting [36:54.160 --> 36:59.320] and it's documented at SCOTUS and it's there for the world. [36:59.320 --> 37:04.760] So this got past the clerks reviewing it? [37:04.760 --> 37:06.120] Oh, yeah. [37:06.120 --> 37:10.480] It's been documented and it's scheduled for the discuss list on September 28th. [37:10.480 --> 37:18.480] Yeah, but we had Mike Handel got his schedule for the discuss list, his were documented [37:18.480 --> 37:20.520] and then they dumped it. [37:20.520 --> 37:24.920] Well, we don't know what's going to happen yet. [37:24.920 --> 37:32.480] But the thing is, it's like his withholding of evidence, a criminal offense and that evidence [37:32.480 --> 37:35.040] is within his, it's by admission. [37:35.040 --> 37:37.080] He doesn't have to prove it. [37:37.080 --> 37:39.200] He doesn't have to allege it. [37:39.200 --> 37:41.960] It's admitted by the other side. [37:41.960 --> 37:42.960] Oh, God. [37:42.960 --> 37:50.640] Now, is that, does that constitute a crime in a civil context of a, because we know in [37:50.640 --> 37:56.760] criminal, if you withhold exculpatory evidence, it's a crime. [37:56.760 --> 38:03.040] But in the civil context, if you, if you withhold evidence, is it a crime? [38:03.040 --> 38:15.160] Is this perjury, is it perjury if it is a lie by omission? [38:15.160 --> 38:20.240] Is that, that essentially where you're going, where the information that is withheld is [38:20.240 --> 38:28.120] material and the person withholding the information knows that the other party. [38:28.120 --> 38:34.480] When you go, yes, it is a crime, you better list, list the statutes that it violated. [38:34.480 --> 38:40.600] And if you're going after the attorneys, list their cannons that they violated. [38:40.600 --> 38:43.880] If you're going to file a complaint against the attorneys. [38:43.880 --> 38:47.520] And if you're going after the judges, you better do the same thing on their cannons. [38:47.520 --> 38:48.520] Yeah. [38:48.520 --> 38:54.120] Well, the, in the American bar, the American bar says they don't want to hear about any [38:54.120 --> 38:55.720] statutes or case card. [38:55.720 --> 38:58.560] They don't include that in your, in your grievance. [38:58.560 --> 39:00.000] No, they don't. [39:00.000 --> 39:02.560] That's where you have to go to their own cannons. [39:02.560 --> 39:03.560] They have their own rules. [39:03.560 --> 39:06.560] I put it in there anyway. [39:06.560 --> 39:14.280] And well, I always, you always make a complaint based on the cannon and my. [39:14.280 --> 39:24.600] The Texas bar, I think it's rule 37 of the Texas bar that really gets them. [39:24.600 --> 39:36.120] Rule 37, don't overlook rule three, don't overlook anything, Jeff, because that's a [39:36.120 --> 39:37.120] big one. [39:37.120 --> 39:40.120] They offend all the time. [39:40.120 --> 39:41.120] Okay. [39:41.120 --> 40:02.520] Can we give us the gist of rule three, Jeff, they're acting and, uh, the acting as a witness [40:02.520 --> 40:05.040] and a representative in the same case. [40:05.040 --> 40:07.000] Oh, okay. [40:07.000 --> 40:11.680] Yeah, they do do that all the time. [40:11.680 --> 40:12.680] Yeah. [40:12.680 --> 40:15.720] And it's something that we as pro se litigants- [40:15.720 --> 40:19.680] I'm wondering about not addressing the court in candor, and I can't remember if that's [40:19.680 --> 40:23.240] rule seven or not, but it might be. [40:23.240 --> 40:24.240] Their number different. [40:24.240 --> 40:32.680] I mean, most of the, at least the model standards and the standards adopted by the US are three [40:32.680 --> 40:36.800] dash or one dash depending on the section. [40:36.800 --> 40:42.600] They have a different numbering, slightly different numbering system in Texas, but Texas [40:42.600 --> 40:47.240] has adopted the model standards and they made a few minor. [40:47.240 --> 40:51.280] So I always cite the model standards. [40:51.280 --> 40:57.440] That's all I stepped on you, Jeff. [40:57.440 --> 41:02.920] I said, I'm relying upon what is published on the internet for Maryland. [41:02.920 --> 41:09.600] There are subsections and such, and I didn't, I didn't go down that road. [41:09.600 --> 41:10.600] Okay. [41:10.600 --> 41:18.800] So, so you're speaking to the bar standards for Maryland, but this didn't want to get [41:18.800 --> 41:26.480] confused with people looking for the one here or in the Fed and not being able to find themselves. [41:26.480 --> 41:30.720] Randy, I'm going to disconnect and let you and Jeff continue and let somebody else call [41:30.720 --> 41:31.720] in. [41:31.720 --> 41:32.720] Okay. [41:32.720 --> 41:33.720] I missed your introduction. [41:33.720 --> 41:35.400] Who are you, sir? [41:35.400 --> 41:37.600] I'm James, James McGuire. [41:37.600 --> 41:44.080] I, I, you can find me at j.mcguire.tdf trillion dollar foo bar. [41:44.080 --> 41:49.400] I love foo bar. [41:49.400 --> 41:50.400] Most of those are my names. [41:50.400 --> 41:55.680] You can find me at, you can find me at boyjudgments.com. [41:55.680 --> 41:56.680] Boyjudgments.com. [41:56.680 --> 41:59.840] I'll be in touch with you. [41:59.840 --> 42:00.840] Thank you, sir. [42:00.840 --> 42:04.160] Y'all have a good evening and we'll talk to you later. [42:04.160 --> 42:05.160] Thank you. [42:05.160 --> 42:10.760] And, and Jeff, James would be a good one to talk to you because he is very knowledgeable. [42:10.760 --> 42:11.760] Yeah. [42:11.760 --> 42:16.120] I got the impression very distinctly. [42:16.120 --> 42:17.120] Yeah. [42:17.120 --> 42:22.640] He works me over on there on regular occasions on this particular one, because unless the [42:22.640 --> 42:29.400] audience itself has read this pleading, we, all we can do is talk about it. [42:29.400 --> 42:33.320] They need to actually read it and experience it for themselves. [42:33.320 --> 42:43.320] When I get off the air, I will put this on my Jurisprudence site where you can, I need [42:43.320 --> 42:50.560] to work on my Jurisprudence site anyway, but I'll put a link to this on there. [42:50.560 --> 42:56.320] Include the, the, uh, Melcivic versus Dinkin case along with it, because that was cited [42:56.320 --> 42:59.560] in the CFPB versus Hanna case. [42:59.560 --> 43:06.960] And as I said, that decision was 14 days out of the 11th circuit before it was cited by [43:06.960 --> 43:07.960] the court. [43:07.960 --> 43:08.960] Good. [43:08.960 --> 43:12.440] I'll, I'll set up a page for that. [43:12.440 --> 43:15.280] So then, so they'll have both the links on it. [43:15.280 --> 43:21.160] I've been wanting to take my research folders. [43:21.160 --> 43:28.400] I have some huge research folders that for a number of years, every time I come across [43:28.400 --> 43:35.400] a case that is interesting or goes to a point that I dealt with, even if it's not on point [43:35.400 --> 43:41.280] for what I'm doing now, I go to this set of folders and I try to come up with a folder [43:41.280 --> 43:50.880] name that's, that will indicate contents about, and then I run out of time and fall off the [43:50.880 --> 43:51.880] cliff. [43:51.880 --> 43:52.880] We'll be right back. [43:52.880 --> 43:53.880] Ready to come. [43:53.880 --> 43:54.880] I call it number 512-646-1984. [43:54.880 --> 43:55.880] We'll be right back. [43:55.880 --> 43:56.880] Hello. [43:56.880 --> 44:08.120] My name is Stuart Smith from naturespureorganics.com and I would like to invite you to come by our [44:08.120 --> 44:12.280] store at 1904 Guadalupe Street, Sweet D here in Austin, Texas. [44:12.280 --> 44:16.240] I'm Brave New Books and Chase Payne to see all our fantastic health and wellness products [44:16.240 --> 44:17.240] with your very own eyes. [44:17.240 --> 44:22.600] Have a look at our Miracle Healing Clay that started our adventure in alternative medicine. [44:22.600 --> 44:26.480] Take a peek at some of our other wonderful products, including our Australian Eme oil, [44:26.480 --> 44:34.720] lotion candles, olive oil soaps, and colloidal silver and gold and call 512-264-4043 or find [44:34.720 --> 44:36.720] us online at naturespureorganics.com. [44:36.720 --> 44:43.160] That's 512-264-4043, naturespureorganics.com. [44:43.160 --> 45:01.200] Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com. [45:01.200 --> 45:04.400] Are you the plaintiff or defendant in a lawsuit? [45:04.400 --> 45:09.640] Win your case without an attorney with Juris Dictionary, the affordable, easy to understand [45:09.640 --> 45:14.200] 4-CD course that will show you how in 24 hours, step-by-step. [45:14.200 --> 45:18.880] If you have a lawyer, know what your lawyer should be doing. [45:18.880 --> 45:23.160] If you don't have a lawyer, know what you should do for yourself. [45:23.160 --> 45:28.000] Thousands have won with our step-by-step course, and now you can too. [45:28.000 --> 45:34.560] Juris Dictionary was created by a licensed attorney with 22 years of case-winning experience. [45:34.560 --> 45:39.360] Even if you're not in a lawsuit, you can learn what everyone should understand about the [45:39.360 --> 45:43.600] principles and practices that control our American courts. [45:43.600 --> 45:49.760] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [45:49.760 --> 45:52.040] pro se tactics, and much more. [45:52.040 --> 45:59.840] Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ. [45:59.840 --> 46:12.640] Whoa, whoa, yeah. [46:12.640 --> 46:29.400] Always, I must be careful what I'm wishing for. [46:29.400 --> 46:35.200] When I'm hungry, I like to know just what I'm fishing for. [46:35.200 --> 46:39.800] I ain't asking for much, I ain't trying to be no blood- [46:39.800 --> 46:41.800] Okay, we are back. [46:41.800 --> 46:47.200] Randy Kelp with Law Radio, and I think we lost Jeff on during the break. [46:47.200 --> 46:55.760] Jeff, if you want to finish up, call back in, but if you're done, you don't have to. [46:55.760 --> 47:02.240] I am going to want to go over this ruling in more detail, and I hope I'll have time [47:02.240 --> 47:10.400] to scour it for interesting nuggets that we can all use in future cases. [47:10.400 --> 47:13.680] Now, I'm going to go to Terry in Missouri. [47:13.680 --> 47:14.680] Hello, Terry. [47:14.680 --> 47:16.480] What do you have for us today? [47:16.480 --> 47:18.720] Yeah, good evening, Randy. [47:18.720 --> 47:22.240] First of all, thanks for getting your website up. [47:22.240 --> 47:29.040] I'm very grateful for that, and kind of an update, bringing you and everybody else up [47:29.040 --> 47:33.240] to speed on the case here. [47:33.240 --> 47:38.160] The judge's order, after we really sat down and went through it, this judge lied on two [47:38.160 --> 47:42.280] different situations on the order. [47:42.280 --> 47:47.760] The guy is very careless, very bold, without a question, he's shielding the law firm and [47:47.760 --> 47:48.760] these banks. [47:48.760 --> 47:55.000] Furthermore, since the last time we've talked, I had a Sunshine Law request that was sent [47:55.000 --> 47:57.400] on behalf of me from a third party. [47:57.400 --> 48:04.640] They got it back, and conclusively, they actually answered it, because it wasn't for me, and [48:04.640 --> 48:09.720] they actually stated that this bank doesn't exist, it hadn't been chartered in many, many [48:09.720 --> 48:10.720] years. [48:10.720 --> 48:18.200] So, that shows, like the gentleman said before, beyond all reasonable or any reasonable doubt, [48:18.200 --> 48:20.600] this company doesn't exist. [48:20.600 --> 48:25.240] These banks in Missouri, they're all connected to this outfit, they're saying this bank is [48:25.240 --> 48:29.560] in good standing, well, they're all lying, and that's why they're pulling all these pranks, [48:29.560 --> 48:34.120] and so that credit card contract is a fraud. [48:34.120 --> 48:38.680] They're stating two banks on there, one of which doesn't exist, is the issuer in small [48:38.680 --> 48:47.200] print on page one, and on page seven, it shows the creditor, and it is chartered. [48:47.200 --> 48:53.880] And that's where I'm at, I'm about to finish up the motion to vacate, it's very lengthy, [48:53.880 --> 49:01.600] and I've been very careful, very time consuming, and approximately 20 pages of it is dealing [49:01.600 --> 49:09.280] with the criminal aspect of Title 18 to get the whole thing vacated and start all over, [49:09.280 --> 49:10.280] basically, Randy. [49:10.280 --> 49:17.920] And one thing that will always go to fraud will be criminal behavior. [49:17.920 --> 49:25.080] Having said that, I suspect that Jeff will jump all over me for saying that, but it would, [49:25.080 --> 49:32.720] in your case, where they have made false statements for the purpose of collecting United States [49:32.720 --> 49:40.760] dollars from you, where they knew or should have known that the company that they were [49:40.760 --> 49:48.160] claiming the debt was owed to did not exist or did not exist within the jurisdiction. [49:48.160 --> 49:56.880] So under imputed knowledge, it must be imputed to them when they made this filing, making [49:56.880 --> 50:03.360] these statements about an issue that is a matter of public record. [50:03.360 --> 50:06.160] Yes, sir. [50:06.160 --> 50:09.160] That would almost certainly establish mens reas. [50:09.160 --> 50:16.400] Oh, it does, it does, plus the fact there's not just one falsified affidavit, there's [50:16.400 --> 50:20.920] a minimum of four. [50:20.920 --> 50:23.120] By the same person or different people? [50:23.120 --> 50:30.080] The bank officers, the chief financial officer, all procured by the attorney in the law firm, [50:30.080 --> 50:31.080] and this gets better. [50:31.080 --> 50:38.160] The law firm took it better, there's four partners there, are related to the bank owners [50:38.160 --> 50:42.960] by either being the direct, the sons of the grandsons, so they're all in on it. [50:42.960 --> 50:45.960] This is like- So it's- [50:45.960 --> 50:46.960] Pardon me? [50:46.960 --> 50:49.960] So it's a family business? [50:49.960 --> 50:55.240] Yes, it is, and if you've ever seen the movie The Firm with Tom Cruise, this is the spitting [50:55.240 --> 50:57.360] image if there ever was one. [50:57.360 --> 51:05.520] Well, I have seen that movie, and actually I even read the book, but I've slept since [51:05.520 --> 51:06.520] then. [51:06.520 --> 51:12.200] Okay, well, you won't have to sleep again, because when I get this to you, I'll email [51:12.200 --> 51:16.040] it to you, Randy, and you're just going to die. [51:16.040 --> 51:20.920] These people are going to owe so many people so much money, including me, because I have [51:20.920 --> 51:27.760] the credit card contract, I have four and a half years to show multiple banks, and they're [51:27.760 --> 51:34.080] all saying they're the creditors of the same account, and that's impossible, and nobody [51:34.080 --> 51:38.240] in this state ever paid attention to these crooks. [51:38.240 --> 51:44.800] Not one person, if they did, they settled with them, but because I have four and a half [51:44.800 --> 51:50.280] years of documents, that's why they came after me, and as far as I'm concerned, they swayed [51:50.280 --> 51:52.640] this judge with everything they had. [51:52.640 --> 52:00.600] Well, it's been my experience that it doesn't take a lot to sway the judge toward people [52:00.600 --> 52:02.600] with deep pockets. [52:02.600 --> 52:08.720] Well, this will involve some of the wealthiest people in mid-Missouri. [52:08.720 --> 52:15.000] They're all in the banking business, they're all huge, and they've been around since about [52:15.000 --> 52:16.000] 1902. [52:16.000 --> 52:21.240] Well, be careful. [52:21.240 --> 52:29.240] Think about Jesus who went around preaching what a lot of the Jews considered to be heresy, [52:29.240 --> 52:35.120] but for the most part, the Pharisees said, well, what the heck, and let him preach whatever [52:35.120 --> 52:36.840] he wants to. [52:36.840 --> 52:42.880] But when he went into the temple and kicked over the tables of the money changers, that's [52:42.880 --> 52:46.040] when things really got serious. [52:46.040 --> 52:50.880] So you are in the process of kicking over the tables of the money changers. [52:50.880 --> 52:55.520] Yes, I do realize that. [52:55.520 --> 53:05.040] Okay, so what is the document again that you're preparing? [53:05.040 --> 53:07.960] It's a motion to vacate the order. [53:07.960 --> 53:10.120] This is the order dismissing your case? [53:10.120 --> 53:15.960] Yeah, I'm having a little trouble hearing you, but it's the same order we're discussing. [53:15.960 --> 53:20.200] Okay, this is the order dismissing your case, isn't that taken? [53:20.200 --> 53:21.200] Yes, sir. [53:21.200 --> 53:23.240] And again, the judge died on the order. [53:23.240 --> 53:25.800] He fabricated an order. [53:25.800 --> 53:30.080] Have you filed any criminal accusations in the matter? [53:30.080 --> 53:33.960] Just about ready to get that accomplished, and it's going to be done this coming week, [53:33.960 --> 53:38.920] and I'll be filed in the 8th Circuit Court of Appeals, then in Greene County, I'm going [53:38.920 --> 53:44.880] to be filing a hearing, what do you call it? [53:44.880 --> 53:53.960] I'm sorry, I'm losing my mind here for a grand jury investigation. [53:53.960 --> 54:01.280] And I'm thinking about how you get a criminal complaint filed. [54:01.280 --> 54:05.160] How are you filing, you're filing it in a circuit. [54:05.160 --> 54:09.240] Why are you going to the circuit court with a criminal complaint? [54:09.240 --> 54:15.600] Well, in the 8th Circuit Court of Appeals, if there's a judge that's stepping out of [54:15.600 --> 54:19.640] line, that's where I was told that you had to file. [54:19.640 --> 54:24.520] No, that is not the place the criminal complaints filed. [54:24.520 --> 54:29.520] Criminal complaints are all filed with some magistrate. [54:29.520 --> 54:35.160] And while you're in Missouri, I am relatively certain that Missouri law is going to be the [54:35.160 --> 54:39.880] same as Texas law in this regard. [54:39.880 --> 54:48.000] Under Texas law, any magistrate may take any complaint, state or federal. [54:48.000 --> 54:54.760] So the first place to go with a criminal complaint is a magistrate, and in this case, while you [54:54.760 --> 55:03.120] can go to a state magistrate, you would probably be better off starting with a federal magistrate. [55:03.120 --> 55:10.320] And that's why my question was why the circuit instead of a sitting judge? [55:10.320 --> 55:17.120] Because the circuit itself is really not a judge. [55:17.120 --> 55:25.680] You go to a judge, and when a judge fails to perform his duty by holding the examining [55:25.680 --> 55:35.680] trial, then you can name that judge for shielding from prosecution and go to the next one. [55:35.680 --> 55:41.440] I tend to like to start low because in the end, everything's political. [55:41.440 --> 55:45.640] And you got this judge here sitting here minding his own business, doesn't have anything to [55:45.640 --> 55:53.520] do with what's going on with you, and you come along and present a criminal complaint [55:53.520 --> 55:54.880] to him. [55:54.880 --> 56:02.400] Well, you know, these are his buddies, and the last thing he wants to do is land on one [56:02.400 --> 56:05.040] of his coworkers. [56:05.040 --> 56:12.600] So he exercises or purports to exercise an authority he does not expressly have and fails [56:12.600 --> 56:18.000] to perform a duty he is required to perform, that duty being his duty as a magistrate. [56:18.000 --> 56:23.040] And in the process, he now has uniform free access to or enjoyment of your right to the [56:23.040 --> 56:25.680] equal protection of the laws. [56:25.680 --> 56:30.800] That's class A misdemeanor under 18 U.S. Code 242. [56:30.800 --> 56:38.720] And then you take that one and either go to another judge, which in this case, once you [56:38.720 --> 56:48.800] have your complaint against the magistrate for not acting on the complaint, instead of [56:48.800 --> 56:55.120] taking your first complaint to the second place, you take a complaint against the first [56:55.120 --> 56:59.200] judge for not acting on the first complaint to a third judge. [56:59.200 --> 57:05.240] And in this case, an appeals court judge would be a good place to go. [57:05.240 --> 57:12.760] I once sent a set of criminal complaints against the Texas attorney general to the chief justice [57:12.760 --> 57:16.480] of the state Supreme Court. [57:16.480 --> 57:21.320] And when he didn't act on it, I went after him criminally and started filing criminal [57:21.320 --> 57:25.600] complaints with the local DAs. [57:25.600 --> 57:31.240] These are the kinds of things you can do to create politics, because these judges sit [57:31.240 --> 57:38.640] here minding his own business, and he fails to perform a duty he's required to perform [57:38.640 --> 57:40.400] in order to protect one of his buddies. [57:40.400 --> 57:43.800] And now all of a sudden, you come in after him. [57:43.800 --> 57:46.520] Well, you don't have Doug in this hunt. [57:46.520 --> 57:52.000] He is not going to be happy having his career stained with your complaints against him. [57:52.000 --> 57:59.080] So you generate political pressure, and the only pressure that the federal judges can [57:59.080 --> 58:08.000] apply is to the plaintiff, to this law firm that they were protecting to start with. [58:08.000 --> 58:12.200] Now when he starts coming back at them, they're going to go back to the law firm and say, [58:12.200 --> 58:14.200] hey, we just got off our case. [58:14.200 --> 58:16.200] We can't do anything to him. [58:16.200 --> 58:18.200] We can't do something to you. [58:18.200 --> 58:20.200] This is Randy Kelton, using the radio. [58:20.200 --> 58:25.200] I called him number 512-646-1984. [58:25.200 --> 58:31.200] When you come back on the other side, you will have a kid back in some gutter mud bunker, [58:31.200 --> 58:36.200] a guest bridge, and if he's got some, he'll freshen up the huge area that he'll build. [58:36.200 --> 58:41.200] I think you'll find this interesting if you have any interest in the family law. [58:41.200 --> 58:44.200] And you'll be right back. [58:50.200 --> 58:54.200] Would you like to make more definite progress in your walk with God? [58:54.200 --> 59:00.200] Bibles for America is offering a free study Bible and a set of free Christian books that [59:00.200 --> 59:01.200] can really help. [59:01.200 --> 59:05.200] The New Testament Recovery Version is one of the most comprehensive study Bibles available [59:05.200 --> 59:06.200] today. [59:06.200 --> 59:10.200] It's an accurate translation, and it contains thousands of footnotes that will help you [59:10.200 --> 59:13.200] to know God and to know the meaning of life. [59:13.200 --> 59:18.200] The free books are a three-volume set called Basic Elements of the Christian Life. [59:18.200 --> 59:23.200] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan [59:23.200 --> 59:28.200] for salvation, growing in Christ, and how to build up the church. [59:28.200 --> 59:33.200] To order your free New Testament Recovery Version and Basic Elements of the Christian [59:33.200 --> 59:40.200] Life, call Bibles for America toll free at 888-551-0102. [59:40.200 --> 59:45.200] That's 888-551-0102. [59:45.200 --> 01:00:00.200] Or visit us online at bfa.org. [01:00:00.200 --> 01:00:16.200] The following use flash is brought to you by the Lone Star Lowdown, providing you daily [01:00:16.200 --> 01:00:27.200] bulletins for the commodities market, today in history, news updates, and the inside scoop [01:00:27.200 --> 01:00:30.200] for today. [01:00:30.200 --> 01:00:49.200] Today in history, Tuesday, July 23rd, 1929, Mussolini's fascist regime in Italy wanted [01:00:49.200 --> 01:00:54.200] to promote unity and a strong national identity, so they required the use of Italian equivalents [01:00:54.200 --> 01:00:58.200] for popular French and English phrases and words at the time. [01:00:58.200 --> 01:01:06.200] If one didn't exist, they made the foreign words as Italian as possible. [01:01:06.200 --> 01:01:11.200] In recent news, quite an eventful week, with the controversial US-Iran nuclear treaty being [01:01:11.200 --> 01:01:15.200] agreed upon and signed, Benjamin Netanyahu, Prime Minister of Israel, said that he believes [01:01:15.200 --> 01:01:20.200] it to be a stunning historical mistake, while several retired Israeli intelligence coordinators [01:01:20.200 --> 01:01:25.200] stated it to be the best option thus far, the UN Security Council authorized it, and [01:01:25.200 --> 01:01:30.200] North Korea recently stated that it has no intention of having any sort of treaty with [01:01:30.200 --> 01:01:31.200] the United States. [01:01:31.200 --> 01:01:35.200] The US and Israel admittedly currently have thousands of nuclear weapons in their arsenals, [01:01:35.200 --> 01:01:43.200] while Iran has admittedly zero. [01:01:43.200 --> 01:01:48.200] A shooting took place last week on Thursday the 16th, where multiple Marine recruiting [01:01:48.200 --> 01:01:51.200] stations were targeted in Chattanooga, Tennessee. [01:01:51.200 --> 01:01:55.200] Unfortunately, four Marines were killed and three, including a cop and recruiter, were [01:01:55.200 --> 01:01:56.200] injured. [01:01:56.200 --> 01:02:00.200] Governor Greg Abbott has since ordered the National Guard to carry on Texas military [01:02:00.200 --> 01:02:05.200] bases, and Obama, after much criticism, ordered flags to be flown at half-mask. [01:02:05.200 --> 01:02:09.200] Gun-toting Americans have been standing watch over several stations since then. [01:02:09.200 --> 01:02:12.200] Unfortunately, one accidentally shot off a round. [01:02:12.200 --> 01:02:13.200] Luckily, no one was hurt. [01:02:13.200 --> 01:02:24.200] This has sparked debate whether Army recruiting stations and recruiters should be armed. [01:02:24.200 --> 01:02:28.200] Yet, another undercover video released by the Center of Medical Progress Project shows [01:02:28.200 --> 01:02:33.200] Dr. Mary Gatter, former president of the Planned Parenthood Medical Directors Council until [01:02:33.200 --> 01:02:38.200] 2014, discussing ways they could get whole specimens and haggling over the price of fetus [01:02:38.200 --> 01:02:41.200] tissue casually over a couple drinks. [01:02:41.200 --> 01:02:44.200] Mary Gatter even mentioned she wanted a Lamborghini. [01:02:44.200 --> 01:02:49.200] The Center for Medical Progress Project plans to release even more videos in the next couple [01:02:49.200 --> 01:02:50.200] weeks. [01:02:50.200 --> 01:03:18.200] This has been your Lowdown for July 23rd, 2015. [01:03:18.200 --> 01:03:45.200] Thank you for watching. [01:03:48.200 --> 01:03:55.200] Okay, we are back. [01:03:55.200 --> 01:03:58.200] Randy Kelton, We'll Go Radio. [01:03:58.200 --> 01:04:01.200] And we're talking to Terry in Missouri. [01:04:01.200 --> 01:04:07.200] Terry, if you've listened to the show for a while, you've probably heard me talk about [01:04:07.200 --> 01:04:08.200] the routine. [01:04:08.200 --> 01:04:09.200] Let's see. [01:04:09.200 --> 01:04:12.200] Okay, I've got your microphone. [01:04:12.200 --> 01:04:13.200] Talk about the routine. [01:04:13.200 --> 01:04:22.200] How we take a bunch of officials who really don't have any involvement in our issue and [01:04:22.200 --> 01:04:24.200] force them to be involved. [01:04:24.200 --> 01:04:26.200] You bet. [01:04:26.200 --> 01:04:30.200] So you might want to look at how you can structure that. [01:04:30.200 --> 01:04:38.200] Now, getting to the federal grand jury is tricky. [01:04:38.200 --> 01:04:48.200] And what the federal prosecutor is going to say is that only the prosecuting attorney [01:04:48.200 --> 01:04:52.200] can give notice of crime to a grand jury. [01:04:52.200 --> 01:05:00.200] And he's going to make that statement by saying that only the prosecutor may present to the [01:05:00.200 --> 01:05:02.200] grand jury. [01:05:02.200 --> 01:05:07.200] Well, that's actually a false statement. [01:05:07.200 --> 01:05:15.200] It's false by what James is talking about because it doesn't tell everything. [01:05:15.200 --> 01:05:26.200] What the statutes say is that only a prosecuting attorney may present to a grand jury as a [01:05:26.200 --> 01:05:28.200] matter of right. [01:05:28.200 --> 01:05:33.200] But at the request of a grand jury, anybody can present to them. [01:05:33.200 --> 01:05:37.200] But you don't want to present to the grand jury. [01:05:37.200 --> 01:05:43.200] By presenting a criminal complaint to them, you are not presenting. [01:05:43.200 --> 01:05:51.200] Where the prosecutor uses presenting, he uses it as a term of art that has a special meaning [01:05:51.200 --> 01:05:52.200] in this context. [01:05:52.200 --> 01:05:58.200] And that special meaning is to go before the grand jury and give a formal presentation [01:05:58.200 --> 01:06:03.200] of a criminal accusation. [01:06:03.200 --> 01:06:09.200] By presenting a criminal complaint to the grand jury, you're merely there to give notice, [01:06:09.200 --> 01:06:14.200] not to give them a presentment. [01:06:14.200 --> 01:06:21.200] And the prosecutor is, you know, I've had him tell me that he would charge me with jury [01:06:21.200 --> 01:06:25.200] tampering if I tried to file my complaints with the grand jury. [01:06:25.200 --> 01:06:28.200] I told him, you just knocked yourself out. [01:06:28.200 --> 01:06:31.200] And I never had one pursue. [01:06:31.200 --> 01:06:40.200] So what you do, what the routine interviews is I send a set of complaints to the U.S. [01:06:40.200 --> 01:06:47.200] Attorney's Office at his address, but it's addressed to the foreman of the grand jury. [01:06:47.200 --> 01:06:54.200] And you send it registered restricted instead of certified, registered restricted. [01:06:54.200 --> 01:07:01.200] Restricted means that only the person who's named on it can sign for it. [01:07:01.200 --> 01:07:06.200] Well, everything that goes to the U.S. Attorney's Office goes to a mail clerk and he just [01:07:06.200 --> 01:07:08.200] signs for everything. [01:07:08.200 --> 01:07:10.200] He don't read all that stuff. [01:07:10.200 --> 01:07:16.200] And generally the postal clerk, the delivery guy, he don't know anything about it. [01:07:16.200 --> 01:07:17.200] He just gives them to him. [01:07:17.200 --> 01:07:18.200] They sign it. [01:07:18.200 --> 01:07:20.200] He goes. [01:07:20.200 --> 01:07:25.200] And then the prosecuting attorney will get it and most likely respond to you. [01:07:25.200 --> 01:07:32.200] And when he does, then you send another complaint to the foreman in the same way and you [01:07:32.200 --> 01:07:37.200] accuse the U.S. Attorney of tampering with the U.S. mail. [01:07:37.200 --> 01:07:43.200] So the U.S. Attorney is going to open that and you're accusing the U.S. Attorney of a [01:07:43.200 --> 01:07:45.200] criminal act. [01:07:45.200 --> 01:07:48.200] Now he's on a legal dime. [01:07:48.200 --> 01:07:51.200] He is the accused. [01:07:51.200 --> 01:07:54.200] What does he do with it? [01:07:54.200 --> 01:07:59.200] He sends you a threat note saying that if you try to go to the grand jury, I'll charge [01:07:59.200 --> 01:08:01.200] you as witness tampering. [01:08:01.200 --> 01:08:05.200] Well, that would be witness tampering. [01:08:05.200 --> 01:08:11.200] When you go to the court, when you go to the grand jury with notice of a crime, you're [01:08:11.200 --> 01:08:14.200] acting as a witness. [01:08:14.200 --> 01:08:17.200] Anybody he interferes with you, that's witness tampering. [01:08:17.200 --> 01:08:22.200] It's a felony in Texas and it's a felony in the Fed. [01:08:22.200 --> 01:08:30.200] And depending on what he does, it's also most likely obstruction of justice. [01:08:30.200 --> 01:08:36.200] And in this case, it would be obstruction of justice in order to prevent you from giving [01:08:36.200 --> 01:08:41.200] the grand jury notice of criminal acts by him. [01:08:41.200 --> 01:08:46.200] So we put them in a position that would be hard to defend. [01:08:46.200 --> 01:08:49.200] Does that make sense to you? [01:08:49.200 --> 01:08:50.200] Yeah, absolutely. [01:08:50.200 --> 01:08:53.200] Well, the other issue is this, Randy. [01:08:53.200 --> 01:08:55.200] It's not just the judge. [01:08:55.200 --> 01:08:59.200] It's the fact that there could be as many as two or three million people in Missouri [01:08:59.200 --> 01:09:04.200] that have this transaction happen to them and not one of them knows about it. [01:09:04.200 --> 01:09:07.200] So it's more than just the judge. [01:09:07.200 --> 01:09:13.200] A judge is just the psychopath with the black robe on who's stopping everyone else from [01:09:13.200 --> 01:09:15.200] finding out. [01:09:15.200 --> 01:09:18.200] So it involves multiple banks. [01:09:18.200 --> 01:09:19.200] It involves the lawyer. [01:09:19.200 --> 01:09:25.200] It involves the officers, the bank owners, et cetera, et cetera. [01:09:25.200 --> 01:09:26.200] Okay. [01:09:26.200 --> 01:09:27.200] You might look for something. [01:09:27.200 --> 01:09:32.200] I haven't looked for this in the Fed yet and I probably should have. [01:09:32.200 --> 01:09:35.200] We have a special statute in Texas. [01:09:35.200 --> 01:09:38.200] You might see if we have a similar statute in Missouri. [01:09:38.200 --> 01:09:42.200] If they're violating federal laws, they're also going to be violating state laws. [01:09:42.200 --> 01:09:43.200] Yes, sir. [01:09:43.200 --> 01:09:46.200] I've been looking into that, Randy. [01:09:46.200 --> 01:09:50.200] There's only so much I can do, but yeah, I agree and I'm working on that as well. [01:09:50.200 --> 01:09:52.200] I understand. [01:09:52.200 --> 01:09:57.200] Where I was going was a court of inquiry. [01:09:57.200 --> 01:09:58.200] A court of inquiry. [01:09:58.200 --> 01:10:06.200] We have a special statute for court of inquiry and it's really designed primarily to raise [01:10:06.200 --> 01:10:15.200] accusations against public officials or offices who are acting outside of the limits of their [01:10:15.200 --> 01:10:16.200] code. [01:10:16.200 --> 01:10:17.200] Yep. [01:10:17.200 --> 01:10:24.200] There's probably something similar in Missouri where you can take your criminal complaint [01:10:24.200 --> 01:10:35.200] that you filed with the US attorney and when he misdirected the complaint, then you come [01:10:35.200 --> 01:10:39.200] back to the state and file against him in the state. [01:10:39.200 --> 01:10:48.200] Reason being is that federal courthouse that he works out of is not a federal enclave. [01:10:48.200 --> 01:10:52.200] It's not been ceded to the federal government. [01:10:52.200 --> 01:10:59.200] Generally, the only properties that are ceded to the federal government are federal prisons [01:10:59.200 --> 01:11:03.200] so that the feds can hire their own guards. [01:11:03.200 --> 01:11:08.200] For the most part, they lease property from the state for their federal courthouse. [01:11:08.200 --> 01:11:11.200] The judge is not in the fed. [01:11:11.200 --> 01:11:16.200] He's in the state and he's subject to state law. [01:11:16.200 --> 01:11:19.200] That's where you want to take the fed. [01:11:19.200 --> 01:11:20.200] Okay. [01:11:20.200 --> 01:11:28.200] Then you go to the state with a conspiracy by this federal judge and US attorney in order [01:11:28.200 --> 01:11:33.200] to obstruct justice and tamper with the witness. [01:11:33.200 --> 01:11:38.200] When you walk through the process this way, it begins to build up. [01:11:38.200 --> 01:11:50.200] It begins to really look ugly and their problem is you just might get this to a grand jury [01:11:50.200 --> 01:11:54.200] and they don't control the grand jury as much as they'd like to. [01:11:54.200 --> 01:11:58.200] They're doing everything they can to keep you away from them. [01:11:58.200 --> 01:12:03.200] When you start going to the state grand jury, there's not anything they can do. [01:12:03.200 --> 01:12:10.200] If they come down to the state, the state is going to tell them to go scratch. [01:12:10.200 --> 01:12:12.200] You might look at that. [01:12:12.200 --> 01:12:20.200] You need to build some politics until you become politically dangerous to them. [01:12:20.200 --> 01:12:24.200] They're going to do whatever they want to. [01:12:24.200 --> 01:12:31.200] That's what they've been doing because we try to invoke law straight up because we have [01:12:31.200 --> 01:12:34.200] this expectation that these public officials will follow law. [01:12:34.200 --> 01:12:37.200] They don't care about law. [01:12:37.200 --> 01:12:39.200] They care about politics. [01:12:39.200 --> 01:12:42.200] Here's a good way to generate some politics. [01:12:42.200 --> 01:12:45.200] Does that sound like fun, Terry? [01:12:45.200 --> 01:12:47.200] Yes, sir. [01:12:47.200 --> 01:12:50.200] I realize it's a lot of work. [01:12:50.200 --> 01:12:53.200] That's okay. [01:12:53.200 --> 01:12:57.200] In this case, you may find it well worth it. [01:12:57.200 --> 01:13:03.200] You might actually find a state judge that's been screwed over by the RRS. [01:13:03.200 --> 01:13:06.200] Okay. [01:13:06.200 --> 01:13:12.200] I got all of the highest judges in Texas put in front of the grand jury once. [01:13:12.200 --> 01:13:18.200] I thought it was because of all of the shenanigans I pulled and bushwhacking the head criminal [01:13:18.200 --> 01:13:23.200] district judge with criminal complaints and all these problems I had caused them. [01:13:23.200 --> 01:13:30.200] It was my eloquent oratory that got the prosecuting attorney to give my complaints to the grand jury. [01:13:30.200 --> 01:13:33.200] It had nothing to do with that. [01:13:33.200 --> 01:13:40.200] What it had to do with is a 25-year Democratic prosecutor, Ron Neurl, the guy who took out [01:13:40.200 --> 01:13:43.200] Tom DeLay legally. [01:13:43.200 --> 01:13:46.200] He's retiring, not running for office again. [01:13:46.200 --> 01:13:51.200] All 15 of these judges are Republicans. [01:13:51.200 --> 01:13:58.200] That scoundrel used my complaint as political cannon fodder to try to take out those 15 [01:13:58.200 --> 01:14:00.200] judges with him. [01:14:00.200 --> 01:14:03.200] It's all about politics. [01:14:03.200 --> 01:14:07.200] We may not like it. [01:14:07.200 --> 01:14:10.200] We may not agree with it. [01:14:10.200 --> 01:14:12.200] The politics, Randy. [01:14:12.200 --> 01:14:15.200] These people are already politically connected. [01:14:15.200 --> 01:14:22.200] I've already had so many people that have read what's going on, but I didn't do it properly. [01:14:22.200 --> 01:14:27.200] At some point, they're going to buckle because when the rest of the people in the state find [01:14:27.200 --> 01:14:33.200] out that the credit card they applied for is nothing but a scam, there's going to be an [01:14:33.200 --> 01:14:38.200] awful lot of people heading to a prison cell and it won't be me. [01:14:38.200 --> 01:14:44.200] That may be the way to get it done, if you can find a way to get some press on this issue. [01:14:44.200 --> 01:14:49.200] Are there radio stations there in Missouri that you could get on? [01:14:49.200 --> 01:14:52.200] I haven't tried that yet. [01:14:52.200 --> 01:14:53.200] You might try that. [01:14:53.200 --> 01:14:55.200] Call some of the talk shows there. [01:14:55.200 --> 01:14:56.200] I will tell you this. [01:14:56.200 --> 01:14:58.200] I do know an old state court judge. [01:14:58.200 --> 01:15:00.200] He used to be on the old Derry Brownfield show. [01:15:00.200 --> 01:15:02.200] He's still around. [01:15:02.200 --> 01:15:04.200] He was one of the few straight shooters. [01:15:04.200 --> 01:15:08.200] He didn't care about what anybody had to say about him because he had a little bit of money [01:15:08.200 --> 01:15:15.200] and he owned a pretty nice little deal there in Tipton, Missouri called the Unterrified [01:15:15.200 --> 01:15:17.200] Derry Democrat. [01:15:17.200 --> 01:15:19.200] He was pretty outspoken. [01:15:19.200 --> 01:15:23.200] He may be a shot at helping me out. [01:15:23.200 --> 01:15:25.200] You're a good researcher. [01:15:25.200 --> 01:15:29.200] You've spent a long time researching your subject. [01:15:29.200 --> 01:15:30.200] Yep. [01:15:30.200 --> 01:15:37.200] Now I'm going to suggest it's time to take a step up. [01:15:37.200 --> 01:15:39.200] Now it's time to get to the politics. [01:15:39.200 --> 01:15:45.200] Most of us who are avid researchers, we hate politics. [01:15:45.200 --> 01:15:52.200] Frankly, it was hard for me to accept the realization that it's not about the law. [01:15:52.200 --> 01:15:55.200] It's all about the politics. [01:15:55.200 --> 01:16:03.200] That's not necessarily a problem because there's plenty of political pressure out there. [01:16:03.200 --> 01:16:09.200] You just have to find somebody who is upset at the same thing you are. [01:16:09.200 --> 01:16:13.200] What Jeff Cedric was talking about earlier, a comment he made in our earlier [01:16:13.200 --> 01:16:23.200] conversations was that the CFPB, the reason they went after these debt collectors so hard [01:16:23.200 --> 01:16:38.200] is because it's staffed by young law lawyers, almost all of whom have education loans. [01:16:38.200 --> 01:16:44.200] They have the debt they get in to get their license. [01:16:44.200 --> 01:16:48.200] One lawyer told me he had 180,000 student loan debt. [01:16:48.200 --> 01:16:49.200] Hang on. [01:16:49.200 --> 01:16:50.200] We'll pick this up on the other side. [01:16:50.200 --> 01:16:52.200] Randy Kelton, Google Law Radio. [01:16:52.200 --> 01:16:55.200] I call it number 512-646-1984. [01:16:55.200 --> 01:17:23.200] We'll be right back. [01:17:25.200 --> 01:17:27.200] You can pick yours up at Brave New Books. [01:17:27.200 --> 01:17:33.200] If that wasn't enough, Dr. Griffin Cole, DDS, who's been featured on the Alex Jones show, loves it too. [01:17:33.200 --> 01:17:37.200] Hi, I'm Dr. Griffin Cole, and I got to tell you, I really love this Magic Mud product. [01:17:37.200 --> 01:17:41.200] Because charcoal is so absorbent, it's very effective at taking off all the sticky plaque [01:17:41.200 --> 01:17:43.200] and debris that gets stuck on our teeth every day. [01:17:43.200 --> 01:17:45.200] I highly recommend My Magic Mud. 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[01:18:54.200 --> 01:19:00.200] Visit us at capitalcoinandbullion.com or call 512-646-6440. [01:19:00.200 --> 01:19:11.200] This is the Logos Radio Network. [01:19:11.200 --> 01:19:16.200] Music playing. [01:19:16.200 --> 01:19:21.200] Ain't gonna blame me. [01:19:21.200 --> 01:19:28.200] Don't fool me. [01:19:28.200 --> 01:19:32.200] Well. [01:19:32.200 --> 01:19:37.200] Ain't gonna fool me with that same old trick again. [01:19:37.200 --> 01:19:41.200] I was blindsided but now I can see your plan. [01:19:41.200 --> 01:19:43.200] You put the fear in my mind. [01:19:43.200 --> 01:19:44.200] Hey, we are back. [01:19:44.200 --> 01:19:47.200] Randy Kelton here with our radio. [01:19:47.200 --> 01:19:49.200] And we do have Ken on the guest board. [01:19:49.200 --> 01:19:51.200] You're not going to pop in here. [01:19:51.200 --> 01:19:57.200] But Terry, it's a paradigm shift. [01:19:57.200 --> 01:20:04.200] But once you get it, that's when you'll become the pro se from hell. [01:20:04.200 --> 01:20:08.200] Actually, Ken has had some experience. [01:20:08.200 --> 01:20:13.200] Just being very cautious that what I do is going to get their attention. [01:20:13.200 --> 01:20:20.200] Once I do get this thing vacated, like you said, the collateral estoppel will kick in. [01:20:20.200 --> 01:20:25.200] Everything that they've accomplished so far, they're not going to be able to use it anymore. [01:20:25.200 --> 01:20:33.200] And now that I've got the additional evidence that shows this company has not been chartered for many, many years, [01:20:33.200 --> 01:20:39.200] they're going to want to have to settle with me or the rest of the state is going to find out and they're going to be on them. [01:20:39.200 --> 01:20:41.200] That simple. [01:20:41.200 --> 01:20:45.200] And that's how the politics works. [01:20:45.200 --> 01:20:47.200] It may not be nice. [01:20:47.200 --> 01:20:48.200] It may not like it. [01:20:48.200 --> 01:20:55.200] But in the real world we live in, what is the saying, Ken? [01:20:55.200 --> 01:20:58.200] One of your rules. [01:20:58.200 --> 01:21:00.200] Everything's negotiable. [01:21:00.200 --> 01:21:03.200] I'm thinking everything's political. [01:21:03.200 --> 01:21:05.200] That too. [01:21:05.200 --> 01:21:09.200] And all politics is local. [01:21:09.200 --> 01:21:17.200] So we take our local politicians and we start filing criminal charges against them for trying to protect their buddies. [01:21:17.200 --> 01:21:21.200] That's going to create a lot of local politics. [01:21:21.200 --> 01:21:32.200] Well, it will and I don't want to overstate this, but these guys have frauded maybe millions of people in the state and they don't even know it yet. [01:21:32.200 --> 01:21:34.200] And it's going to affect the stockholders. [01:21:34.200 --> 01:21:37.200] It's going to affect a lot of people in a lot of ways. [01:21:37.200 --> 01:21:41.200] And I want them to fight each other internally. [01:21:41.200 --> 01:21:42.200] Good. [01:21:42.200 --> 01:21:45.200] Well, politically is the only way you're going to get this done. [01:21:45.200 --> 01:21:49.200] Just by law they'll just bury you. [01:21:49.200 --> 01:21:51.200] Yep. [01:21:51.200 --> 01:21:52.200] Okay. [01:21:52.200 --> 01:21:54.200] Well, good luck and keep us up to date. [01:21:54.200 --> 01:21:55.200] Yes, sir. [01:21:55.200 --> 01:21:56.200] Take care, Randy. [01:21:56.200 --> 01:21:57.200] Bye-bye. [01:21:57.200 --> 01:21:58.200] Okay. [01:21:58.200 --> 01:21:59.200] Thank you, Terry. [01:21:59.200 --> 01:22:03.200] Now we're going to go to Ken and we want to talk about indigency. [01:22:03.200 --> 01:22:11.200] But first we wanted to comment and Ken wanted to comment about Milakovich, the Illinois governor. [01:22:11.200 --> 01:22:28.200] Milakovich, I never did get his name right, but I grew up in Chicago, so up there this kind of stuff is expected behavior. [01:22:28.200 --> 01:22:34.200] And you wanted to talk about some of the law-girling issues. [01:22:34.200 --> 01:22:42.200] Well, what happened was Seventh Court of Appeals, Federal Seventh Court of Appeals looked at a lot of his convictions and stated that, [01:22:42.200 --> 01:22:48.200] well, one particular conviction was the one where Milakovich, then governor of Illinois, [01:22:48.200 --> 01:22:56.200] had promised the chief of staff of Obama's senatorial office the seat. [01:22:56.200 --> 01:23:08.200] The governor of every state has the ability to appoint for a vacated seat for the Senate until there's a new election. [01:23:08.200 --> 01:23:14.200] So there was a discussion where he was going to appoint her, and I don't remember her name. [01:23:14.200 --> 01:23:16.200] It's really not important. [01:23:16.200 --> 01:23:25.200] But there was going to be a payoff to him where he would be appointed to Obama's cabinet just formally for his first election. [01:23:25.200 --> 01:23:30.200] Well, this sounds like quid pro quo politics or whatever, and it is to some extent. [01:23:30.200 --> 01:23:33.200] But there's no monetary gain. [01:23:33.200 --> 01:23:37.200] Nobody was paid to do this, so there's no bribery involved. [01:23:37.200 --> 01:23:42.200] And the appellate court basically ruled and said it's what they call bog rolling, [01:23:42.200 --> 01:23:48.200] which is a political party making maneuvers within the context of that political party. [01:23:48.200 --> 01:23:55.200] You know, Bob goes to this office, Steve goes to this office, Mary goes to this office, [01:23:55.200 --> 01:24:01.200] and when they go to there, then John will go to this office. [01:24:01.200 --> 01:24:09.200] It's all it is, is filling the slate of open office positions, and there can be a discussion of who goes where. [01:24:09.200 --> 01:24:13.200] So that's not a crime, even though it sounds like it, it's not. [01:24:13.200 --> 01:24:18.200] So I thought that was important. [01:24:18.200 --> 01:24:23.200] As a governor, he has the power to appoint someone so he can appoint anybody he wants to, [01:24:23.200 --> 01:24:29.200] and he's not restricted in how he makes the determination other than being paid for it. [01:24:29.200 --> 01:24:32.200] Right, and that was what the court. [01:24:32.200 --> 01:24:35.200] Now, there were four other conviction points that they overruled. [01:24:35.200 --> 01:24:37.200] I haven't read the entire decision yet. [01:24:37.200 --> 01:24:44.200] I will, because it's of import, because technically most of what Blagojevich did in Illinois [01:24:44.200 --> 01:24:48.200] would be just same old, same old in Texas politics. [01:24:48.200 --> 01:24:50.200] There wouldn't have even been a trial. [01:24:50.200 --> 01:24:54.200] So that's the difference. [01:24:54.200 --> 01:25:01.200] He must have stepped on somebody's toes and really, really created an enemy that wanted to go after him. [01:25:01.200 --> 01:25:11.200] So one of the other things that I want to ask the listeners is to send Randy at Rule of Law Radio an email on this. [01:25:11.200 --> 01:25:16.200] I stumbled across a piece of information at the University of Pennsylvania. [01:25:16.200 --> 01:25:20.200] An Annenberg project there was talking about education. [01:25:20.200 --> 01:25:27.200] And one of the things they pointed out was that in high school and junior high school across this country, [01:25:27.200 --> 01:25:32.200] unless you go to a private school, they're not teaching civics classes anymore. [01:25:32.200 --> 01:25:35.200] What I'd like to do is get some feedback from the listeners [01:25:35.200 --> 01:25:42.200] and find out whether they or their children recall ever taking a civics class, [01:25:42.200 --> 01:25:48.200] because this could explain a lot of the information that Randy and I are trying to convey to people [01:25:48.200 --> 01:25:55.200] and why people seem so startled when they get the information if they've never seen it or heard from it before. [01:25:55.200 --> 01:26:01.200] It could explain why they don't know why their state representative is important or who their state representative is [01:26:01.200 --> 01:26:04.200] or how or why they should vote. [01:26:04.200 --> 01:26:10.200] But this is absolutely fundamental to the idea of the United States as a democratic republic. [01:26:10.200 --> 01:26:11.200] Let me say that again. [01:26:11.200 --> 01:26:14.200] Democratic republic, we are not a democracy. [01:26:14.200 --> 01:26:23.200] If everybody remembers their history, the democracy which was essentially started by Socrates didn't end so well for him, [01:26:23.200 --> 01:26:26.200] because what democracy is, through democracy, is mob rule. [01:26:26.200 --> 01:26:31.200] It's whatever the mob wants to do, they do, whether it's good, bad, or indifferent. [01:26:31.200 --> 01:26:39.200] So what you want is the democratic republic where even minorities in a particular situation have protected rights. [01:26:39.200 --> 01:26:45.200] But that's only in theory right now because we're having a hard time getting them to follow the basic statutes [01:26:45.200 --> 01:26:51.200] and constitutional elements in court, much less the minority issues. [01:26:51.200 --> 01:26:58.200] So from there, we'll segue over to indigency. [01:26:58.200 --> 01:27:02.200] This is one of the things that I have followed for years. [01:27:02.200 --> 01:27:07.200] And I'm a state applicable to mostly Texas law. [01:27:07.200 --> 01:27:10.200] Every state in the union has some sort of parallel to it. [01:27:10.200 --> 01:27:19.200] But the idea of people going to court and you have to pay filing fees and you have to pay filing of documents. [01:27:19.200 --> 01:27:25.200] Some courts are very reasonable in their filing fees, other courts are absolutely draconian. [01:27:25.200 --> 01:27:29.200] Every time you file a motion, it costs you 15 bucks. [01:27:29.200 --> 01:27:34.200] Every time you file any significant motion, it costs you 50 bucks. [01:27:34.200 --> 01:27:44.200] And what has occurred to me and Randy over the years is that they're nickel and diming the poor person to death. [01:27:44.200 --> 01:27:52.200] If you've got money, this is nothing, $50 here, $50 there, especially when you're paying an attorney $500 an hour. [01:27:52.200 --> 01:27:55.200] It's nothing. It's a small portion of it. [01:27:55.200 --> 01:28:01.200] But if they run you into virtually bankruptcy, when I say bankruptcy, [01:28:01.200 --> 01:28:09.200] I don't mean you actually went to bankruptcy court because most people that are that poor can't afford to go to bankruptcy court. [01:28:09.200 --> 01:28:18.200] There was a program on C-SPAN a number of years ago [01:28:18.200 --> 01:28:24.200] where I watched one of the Supreme Court justices talking about access to justice across the country [01:28:24.200 --> 01:28:37.200] and said 99% of Americans do not have the financial resources to fight a lengthy legal battle because it just costs so much. [01:28:37.200 --> 01:28:40.200] And he saw that as a big impediment to justice. [01:28:40.200 --> 01:28:45.200] You can't afford to go to court. You can't afford to enforce your rights. [01:28:45.200 --> 01:28:49.200] And that's one of the issues that comes up with indigency. [01:28:49.200 --> 01:28:55.200] So in Texas right now, there's a couple statutes that apply, not statutes, let me correct myself. [01:28:55.200 --> 01:29:05.200] Rules of Civil Procedure, Rule 145 allows for a party to file an affidavit of indigency and essentially explain what their income is. [01:29:05.200 --> 01:29:08.200] It doesn't mean you have to be broke and you have no money. [01:29:08.200 --> 01:29:13.200] What it shows is you don't have money to pay for court processes. [01:29:13.200 --> 01:29:17.200] They can't bar you from the court based on you not being able to pay the fees. [01:29:17.200 --> 01:29:22.200] Because if that was true, I guarantee you every fee to file a case in court would cost $1,000 [01:29:22.200 --> 01:29:27.200] so they could bar the poor from ever participating. [01:29:27.200 --> 01:29:37.200] So what the intent of the Rule 145 is for those people who are living an end amount existence, you could still be working. [01:29:37.200 --> 01:29:45.200] You could still be making a good income. But if that money is spent, we'll get it on the back side. [01:29:45.200 --> 01:29:50.200] Yeah. Okay. This is Randy Kelton, Rule of Law Radio, here with Tim Magnuson. [01:29:50.200 --> 01:30:00.200] I'll call the number 512-646-1984. Mark, I'll see you there, and we will get to you. We'll be right back. [01:30:00.200 --> 01:30:11.200] A judge has imposed a lifetime driving ban on a 17-year-old boy after a serious accident to send a message about reckless driving. [01:30:11.200 --> 01:30:17.200] I'm Dr. Catherine Albrecht, and I'll be back with more on this unusually harsh punishment in a moment. [01:30:17.200 --> 01:30:23.200] Privacy is under attack. When you give up data about yourself, you'll never get it back again. [01:30:23.200 --> 01:30:28.200] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:30:28.200 --> 01:30:33.200] So protect your rights. Say no to surveillance and keep your information to yourself. [01:30:33.200 --> 01:30:39.200] Privacy. It's worth hanging on to. This message is brought to you by StartPage.com, [01:30:39.200 --> 01:30:47.200] the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage. [01:30:47.200 --> 01:30:52.200] 17-year-old Lyle Topa was cruising with three buddies and texting while driving. [01:30:52.200 --> 01:30:58.200] He crashed into a tree, badly injuring all four boys. One was in a coma for weeks. [01:30:58.200 --> 01:31:02.200] The judge gave him a lecture about how the roads are littered with broken futures. [01:31:02.200 --> 01:31:06.200] Then he revoked the boy's driver's license for life. [01:31:06.200 --> 01:31:10.200] What Lyle did was wrong, but at age 17, we all make mistakes. [01:31:10.200 --> 01:31:16.200] By revoking his license for life, the judge issued a virtual death sentence to his career and future. [01:31:16.200 --> 01:31:22.200] In 20 years, he'll be a husband and a dad, unable to even drive his son to a soccer game. [01:31:22.200 --> 01:31:24.200] Now that's cruel and unusual. [01:31:24.200 --> 01:31:31.200] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine. [01:31:31.200 --> 01:31:36.200] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. [01:31:36.200 --> 01:31:38.200] The government says that fire brought it down. [01:31:38.200 --> 01:31:43.200] However, 1,500 architects and engineers concluded it was a controlled demolition. [01:31:43.200 --> 01:31:46.200] Over 6,000 of my fellow service members have given their lives. [01:31:46.200 --> 01:31:49.200] Thousands of my fellow first responders are dying. [01:31:49.200 --> 01:31:50.200] I'm not a conspiracy theorist. [01:31:50.200 --> 01:31:51.200] I'm a structural engineer. [01:31:51.200 --> 01:31:52.200] I'm a New York City correction officer. [01:31:52.200 --> 01:31:53.200] I'm an Air Force pilot. [01:31:53.200 --> 01:31:55.200] I'm a father who lost his son. [01:31:55.200 --> 01:31:58.200] We're Americans, and we deserve the truth. [01:31:58.200 --> 01:32:01.200] Go to RememberBuilding7.org today. [01:32:29.200 --> 01:32:32.200] to handle your claim and your roof right the first time. [01:32:32.200 --> 01:32:38.200] Just call 512-992-8745 or go to hillcountryhomeimprovements.com. [01:32:38.200 --> 01:32:45.200] Mention the crypto show and get $100 off, and we'll donate another $100 to the Logos Radio Network to help continue this programming. [01:32:45.200 --> 01:32:50.200] So if those out-of-town roofers come knocking, your door should be locking. [01:32:50.200 --> 01:32:56.200] That's 512-992-8745 or hillcountryhomeimprovements.com. [01:32:56.200 --> 01:32:59.200] Discounts are based on full roof replacement. [01:32:59.200 --> 01:33:02.200] May not actually be kidding about chemtrails. [01:33:02.200 --> 01:33:04.200] Looking for some truth? [01:33:04.200 --> 01:33:06.200] You found it. [01:33:06.200 --> 01:33:35.200] LogosradioNetwork.com. [01:33:36.200 --> 01:33:41.200] Okay, we are back. [01:33:41.200 --> 01:33:47.200] Randy Kelton, RealRaw Radio, here with our special guest, Mr. Ken Magnuson. [01:33:47.200 --> 01:33:51.200] And we were talking about indigency. [01:33:51.200 --> 01:33:52.200] Go ahead, Mark. [01:33:52.200 --> 01:33:54.200] Go ahead, Ken. [01:33:54.200 --> 01:34:03.200] Well, where we left off was the whole idea of the cost of court and the fact that these costs can be exorbitant at some time. [01:34:03.200 --> 01:34:08.200] And when you're down to hand-to-mouth existence where you may be making a decent salary, [01:34:08.200 --> 01:34:17.200] but between paying a lawyer for the initial process and also having to pay whatever living expenses you have, [01:34:17.200 --> 01:34:22.200] it may become to a point where you can't afford to pay these fees anymore. [01:34:22.200 --> 01:34:31.200] All of a sudden now, your impediment to justice is whether or not you can afford to pay for a filing of a motion for new trial [01:34:31.200 --> 01:34:36.200] or filing for a motion to rehear or whatever it is that you need to file, [01:34:36.200 --> 01:34:41.200] and now you can't afford it because your cash flow is such that you can't do it. [01:34:41.200 --> 01:34:44.200] Now, I'm going to tell you right now for those people listening, [01:34:44.200 --> 01:34:52.200] the attorneys and the courts that are absolutely hostile to pro se litigants, for those that don't have an attorney, [01:34:52.200 --> 01:34:55.200] this is part of their strategy. [01:34:55.200 --> 01:34:59.200] The idea is to make you so broke that you can't afford to do the process. [01:34:59.200 --> 01:35:03.200] And by the time you figure out that there's anything about indigency [01:35:03.200 --> 01:35:09.200] and about filing an affidavit saying you can't afford to pay for the court clause, it's already too late. [01:35:09.200 --> 01:35:16.200] Your case has already been dismissed or your case has been, a summary judgment has been moved against you, [01:35:16.200 --> 01:35:20.200] and by this time you haven't preserved any of the evidence for appeal. [01:35:20.200 --> 01:35:24.200] So in that, we'll get into that whole process at a later date. [01:35:24.200 --> 01:35:29.200] But the idea of indigency is not that you have to be absolutely dead broke, [01:35:29.200 --> 01:35:32.200] it's just that you can't afford to pay for the process. [01:35:32.200 --> 01:35:38.200] And the issue here is that the state in Texas is required to discount it, [01:35:38.200 --> 01:35:44.200] if not grant you free access to the courts where you don't have to pay the filing fees. [01:35:44.200 --> 01:35:47.200] Now, this works on the initial filing in civil court. [01:35:47.200 --> 01:35:50.200] Now, people that are involved in criminal court, [01:35:50.200 --> 01:35:57.200] yeah, they can't deny your attorney or yourself if you're defending yourself to file motions in a criminal action. [01:35:57.200 --> 01:36:02.200] So when you go down to even the municipal court to fight that traffic ticket or whatever, [01:36:02.200 --> 01:36:07.200] there's no fees associated with filing any motions before the court. [01:36:07.200 --> 01:36:13.200] It's on the civil side, which usually gets families involved in family court issues, [01:36:13.200 --> 01:36:26.200] where the costs and the protracted litigation make it almost impossible for you to keep your family together. [01:36:26.200 --> 01:36:35.200] The family courts, which is another topic, have turned out to be a particular litigation nightmare, [01:36:35.200 --> 01:36:43.200] because the abuse of power seems to be entirely directed in order to suck all of the money out of the community property [01:36:43.200 --> 01:36:48.200] during either the divorce or a pending child custody issue. [01:36:48.200 --> 01:36:51.200] That's, again, another topic for later discussion. [01:36:51.200 --> 01:36:55.200] But as you're going through that process, you find yourself without money. [01:36:55.200 --> 01:37:01.200] I've met people over the years that have had hundreds of thousands of dollars, and it's gone. [01:37:01.200 --> 01:37:07.200] They've paid it to their attorneys, they've paid it to the other attorneys by court orders, and they're down to nothing. [01:37:07.200 --> 01:37:09.200] They've been ordered to pay child support. [01:37:09.200 --> 01:37:14.200] Frequently, they've lost their job or they've been downgraded into another job, [01:37:14.200 --> 01:37:22.200] and the court has made the child support that they have to pay so draconian that they can't afford, in some cases, [01:37:22.200 --> 01:37:35.200] to even pay their bills, and they'll hold them hostage for going into jail and make their families pay the extortion fees. [01:37:35.200 --> 01:37:39.200] But an affidavit of indigency pretty much puts the kibosh on that. [01:37:39.200 --> 01:37:45.200] It immediately nullifies the ability for them to hold them in court in contempt. [01:37:45.200 --> 01:37:53.200] We recently, a year ago, had a case in which there was a woman in Tarrant County in which they attempted to put her in jail, [01:37:53.200 --> 01:37:54.200] and they did three times. [01:37:54.200 --> 01:38:01.200] But ultimately, there was a writ of habeas corpus filed by an attorney in the appellate court in Tarrant County, [01:38:01.200 --> 01:38:04.200] and the judge was found to have abused his power. [01:38:04.200 --> 01:38:08.200] So based on that, of course, they never said abuse of power. [01:38:08.200 --> 01:38:15.200] They said abuse of discretion, but there was no discretion where he violated statute. [01:38:15.200 --> 01:38:23.200] So the issue here is that people need to be aware of that rule, Rule 145 in Texas. [01:38:23.200 --> 01:38:26.200] There is probably an equivalent rule in every state. [01:38:26.200 --> 01:38:35.200] There is also the pauper's affidavit for indigency in the federal courts, and they have the forms out online. [01:38:35.200 --> 01:38:43.200] The biggest thing is that you have to tell the truth, because if you get caught lying, you'll never recover from it ever again. [01:38:43.200 --> 01:38:49.200] So once you're in the court process and you get in there with indigency status, it helps, [01:38:49.200 --> 01:38:57.200] but you're still at a disadvantage because hearings that take place, you still don't have access to the court records. [01:38:57.200 --> 01:39:07.200] The court reporter's records cost a considerable amount of money and averages an afternoon of four hours will cost you close to $1,000. [01:39:07.200 --> 01:39:12.200] Well, if you could hire your own court reporter to come in and do it and pay them for the day, [01:39:12.200 --> 01:39:18.200] you could do an entire day of court reporting with a hired court reporter for $400. [01:39:18.200 --> 01:39:28.200] So the issue here is that the courts have priced themselves into this decision in order to keep you from getting the record you need [01:39:28.200 --> 01:39:37.200] to disclose the abuse of discretion and the abuse of power and the violation of constitutional rights in the court. [01:39:37.200 --> 01:39:42.200] So that's unfair, and that's one of the things I've been talking to legislators about for quite a while. [01:39:42.200 --> 01:39:51.200] When you get to the appellate court, there's a rule in Texas called Rule 20.1, which is indigency, [01:39:51.200 --> 01:40:01.200] and it has essentially a laundry list of things you have to describe in the affidavit, and then you submit it to the trial court. [01:40:01.200 --> 01:40:08.200] Well, most of the trial courts that have done horrible things to litigants are going to rule summarily against you anyway, [01:40:08.200 --> 01:40:14.200] but you still have to get on the record all of the issues. You don't let the court dismiss it. [01:40:14.200 --> 01:40:19.200] You still have to testify and prove what you have and don't have, [01:40:19.200 --> 01:40:26.200] and there's case law that talks about what you have to do and how you have to arrange it and what you need to say. [01:40:26.200 --> 01:40:28.200] So that's part of the details there. [01:40:28.200 --> 01:40:38.200] But at this moment in time, in Tarrant County, there's a district clerk named Tom Wilder who essentially started [01:40:38.200 --> 01:40:45.200] trying to collect fees from people who were already indigent in court, specifically out of the family courts, [01:40:45.200 --> 01:40:52.200] and he selectively picked these individuals and sent them notices saying they had to pay these fees, hundreds of dollars. [01:40:52.200 --> 01:40:59.200] Sometimes he sent these notices long after the cases were over, three, six, even a year later, [01:40:59.200 --> 01:41:05.200] and threatened them with having the sheriff come by and take personal property. [01:41:05.200 --> 01:41:12.200] Now, these people, in my background research so far, it looks like the selected letters that were mailed out [01:41:12.200 --> 01:41:21.200] were specifically against those who were of ethnic origin, meaning that they were either from the Middle East or they were Hispanic. [01:41:21.200 --> 01:41:30.200] And these people in general have a tendency to fear government officials because police, [01:41:30.200 --> 01:41:36.200] where they came from or where their family originates from, are notoriously corrupt and brutal. [01:41:36.200 --> 01:41:45.200] So having it in the threat letter that they're going to send the sheriff by was absolutely horrifying to these people. [01:41:45.200 --> 01:41:49.200] So they went to court through West Texas Legal Services. [01:41:49.200 --> 01:41:56.200] Legal Services Aid is one of those things that can allow you to get some free legal services. [01:41:56.200 --> 01:42:00.200] However, there's a lot of restrictions on what you can do with it. [01:42:00.200 --> 01:42:06.200] But they essentially filed a case and got an injunction against Thomas Wilder. [01:42:06.200 --> 01:42:13.200] Well, Wilder appealed it using taxpayers' money to the Second Court of Appeals here in Fort Worth, [01:42:13.200 --> 01:42:20.200] and the lead judge with another judge, Lee Gabriel, essentially said, no, you can't ask for an injunction like this. [01:42:20.200 --> 01:42:25.200] They had to challenge this in the trial court and then come up to the appellate court. [01:42:25.200 --> 01:42:33.200] But what was interesting about it is that they had already been declared as a matter of law indigent [01:42:33.200 --> 01:42:37.200] because nobody contested their affidavits of indigency. [01:42:37.200 --> 01:42:42.200] There was no hearing. There was no hearing necessary unless somebody contested. [01:42:42.200 --> 01:42:46.200] So here's Thomas Wilder, the district clerk. [01:42:46.200 --> 01:42:52.200] So this is basically attack on indigent people because the courts and the district clerks, [01:42:52.200 --> 01:43:01.200] as well as the court reporters, are absolutely hostile against pro se litigants that are in the courts under indigency. [01:43:01.200 --> 01:43:08.200] So they want to do whatever they can to make it absolutely impossible for you to get to the appellate court. [01:43:08.200 --> 01:43:14.200] So if there's any other people that have run into this trouble and been unfairly treated by the courts [01:43:14.200 --> 01:43:22.200] with regards to indigency applications or affidavits or rulings by the court, send emails to Rule of Law Radio. [01:43:22.200 --> 01:43:24.200] Let's collect this information. [01:43:24.200 --> 01:43:27.200] There is right now a lawsuit. [01:43:27.200 --> 01:43:32.200] This case out of Tarrant County was appealed to the Texas Supreme Court. [01:43:32.200 --> 01:43:40.200] The former Chief Justice of the Supreme Court, Wallace Jefferson, is one of the counsel on this case. [01:43:40.200 --> 01:43:44.200] And there will be oral arguments in September. [01:43:44.200 --> 01:43:46.200] Okay. Hang on. We'll be right back. [01:43:46.200 --> 01:43:49.200] This is Randy Kelton, Rule of Law Radio. [01:43:49.200 --> 01:43:50.200] This is Ken Magnuson. [01:43:50.200 --> 01:43:54.200] I call in number 512-646-1984. [01:43:54.200 --> 01:43:57.200] Hang on, Mark. I'm sorry to keep you on so long. [01:43:57.200 --> 01:43:59.200] We'll get to you. We'll be right back. [01:43:59.200 --> 01:44:03.200] You feel tired when talking about important topics like money and politics? [01:44:03.200 --> 01:44:04.200] Sorry. [01:44:04.200 --> 01:44:07.200] Are you confused by words like the Constitution or the Federal Reserve? [01:44:07.200 --> 01:44:08.200] What? [01:44:08.200 --> 01:44:12.200] If so, you may be diagnosed with the deadliest disease known today, stupidity. [01:44:12.200 --> 01:44:14.200] Hi. My name is Steve Holt. [01:44:14.200 --> 01:44:19.200] And like millions of other Americans, I was diagnosed with stupidity at an early age. [01:44:19.200 --> 01:44:25.200] I had no idea that the number one cause of the disease is found in almost every home in America, the television. [01:44:25.200 --> 01:44:30.200] Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope. 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[01:45:15.200 --> 01:45:19.200] If you have a lawyer, know what your lawyer should be doing. [01:45:19.200 --> 01:45:23.200] If you don't have a lawyer, know what you should do for yourself. [01:45:23.200 --> 01:45:28.200] Thousands have won with our step-by-step course, and now you can too. [01:45:28.200 --> 01:45:34.200] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [01:45:34.200 --> 01:45:43.200] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts. [01:45:43.200 --> 01:45:52.200] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more. [01:45:52.200 --> 01:46:01.200] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ. [01:46:01.200 --> 01:46:29.200] We are back. [01:46:29.200 --> 01:46:31.200] This is Randy Kelton, Rule of Law Radio. [01:46:31.200 --> 01:46:34.200] We're here with Special Court Kate Maddison. [01:46:34.200 --> 01:46:44.200] And we're talking about the indigency issue in primary Texas courts, which seems to be consistent across the U.S. [01:46:44.200 --> 01:46:47.200] Go ahead, Ken. [01:46:47.200 --> 01:46:57.200] Well, at this point, the issue comes down to whether or not what the district clerk did was, you know, where was the problem? [01:46:57.200 --> 01:47:06.200] Essentially, he was trying to collect a debt that was already, as a matter of law, already had been determined that these people owed nothing. [01:47:06.200 --> 01:47:12.200] So the issue at this point was that he was attempting to collect a debt that he wasn't allowed to collect. [01:47:12.200 --> 01:47:16.200] He was also threatening that the sheriff would come by and do something. [01:47:16.200 --> 01:47:24.200] And these people were immediately just horrified as a result of what they were seeing in the letter. [01:47:24.200 --> 01:47:30.200] And some of them acquiesced and paid some money with fear that the sheriff would come by and arrest them. [01:47:30.200 --> 01:47:35.200] So this seems to be essentially a targeted process. [01:47:35.200 --> 01:47:42.200] And one of the other things is if this has happened anywhere else, we'd love to get some e-mails about it, start collecting some information. [01:47:42.200 --> 01:47:52.200] And this opens up the discussion in Texas, which I always try to, you know, talk about, which is complaints against attorneys and judges that abuse their power. [01:47:52.200 --> 01:47:55.200] And this is an area where they abuse their power. [01:47:55.200 --> 01:48:03.200] And the Bar Association and the State Commission on Judicial Conduct come under sunset again in 2017. [01:48:03.200 --> 01:48:05.200] That's only two years away. [01:48:05.200 --> 01:48:10.200] I say only two years away because I ask for complaints and copies of documents from these people. [01:48:10.200 --> 01:48:14.200] And we go two years and we don't get any or we get very few. [01:48:14.200 --> 01:48:21.200] So I'm trying to remind everybody that if you've done a complaint about a judge or a lawyer, I don't care if they did anything. [01:48:21.200 --> 01:48:24.200] We want the copy of the letter the agency sent you back. [01:48:24.200 --> 01:48:35.200] We want to be able – I need that in my briefcase so when I go talk to legislators I can show how absolutely recalcitrant, if not intractable, [01:48:35.200 --> 01:48:43.200] the agencies that are sworn to uphold the law and hold attorneys and judges accountable are indifferent to the law. [01:48:43.200 --> 01:48:46.200] And in some cases they may actually be protecting them. [01:48:46.200 --> 01:48:53.200] So we need those complaints and that's basically where we're at at this point. [01:48:53.200 --> 01:48:59.200] There'll be more on this case that's going to the Supreme Court and the oral arguments will be in September. [01:48:59.200 --> 01:49:02.200] I'm making plans to be there to listen to this. [01:49:02.200 --> 01:49:05.200] This could be a really good oral argument. [01:49:05.200 --> 01:49:09.200] So I'd like to see where the court's going to go. [01:49:09.200 --> 01:49:17.200] I'm relatively convinced that if the court goes down the path of allowing this late collection of deaths or whatever, [01:49:17.200 --> 01:49:24.200] the legislature is going to have to step in and pass some laws, which is – it sounds like that's what needs to be done anyway. [01:49:24.200 --> 01:49:30.200] It sounds like the indigency needs to be a statute and not a rules of civil procedure. [01:49:30.200 --> 01:49:44.200] We've had a lot of discussions about this issue. There's something very consistent that seems to always keep coming up. [01:49:44.200 --> 01:49:58.200] It appears as though those legal professionals participating in the family law arena tend to have a pattern they follow. [01:49:58.200 --> 01:50:10.200] They'll look at the estate of the parents and they try to determine how much they think they can extract from the estate [01:50:10.200 --> 01:50:15.200] before both parties will start screaming bloody murder. [01:50:15.200 --> 01:50:24.200] And whether or not these lawyers actually conspire with one another is unlikely, but they don't have to. [01:50:24.200 --> 01:50:30.200] They tend to file some of the same filings in every case. [01:50:30.200 --> 01:50:42.200] The lawyer for the female will almost inevitably accuse the male of molesting the children. [01:50:42.200 --> 01:50:52.200] This has just got to be to where it's almost knee-jerk because it puts the father in a horrible position. [01:50:52.200 --> 01:51:01.200] But the first thing they do is they try to look at which of the two litigants have access to the most funds. [01:51:01.200 --> 01:51:06.200] And they try to extract as much of those funds as they can. [01:51:06.200 --> 01:51:11.200] And the other litigant, they want to push that litigant until they have no money and can't do anything. [01:51:11.200 --> 01:51:18.200] And then they use the one with funds. They use his funds to beat up the one with no funds. [01:51:18.200 --> 01:51:24.200] This is absolutely consistent. [01:51:24.200 --> 01:51:28.200] We don't have every family law issue come to us. [01:51:28.200 --> 01:51:34.200] But of those that have come to us, this has almost always been the case. [01:51:34.200 --> 01:51:36.200] Ken? [01:51:36.200 --> 01:51:39.200] There's another element to this too. [01:51:39.200 --> 01:51:50.200] What's called high conflict personality, which is those people that are in the marriage or one of the parties in the marriage, [01:51:50.200 --> 01:51:56.200] either the ex-husband or the ex-wife, that is essentially a high conflict personality. [01:51:56.200 --> 01:52:03.200] And there's a lot of reading I've been doing on it since I talked to a psychologist about these issues to find out where it's coming from. [01:52:03.200 --> 01:52:14.200] And what they're doing is once one party throws the rocks at the other party, the court is using this as an excuse to exacerbate the whole process. [01:52:14.200 --> 01:52:24.200] So they immediately flip-flop the issue, meaning usually whoever is the accuser will get custody of the kid against the party that is the defendant, [01:52:24.200 --> 01:52:26.200] meaning that they didn't do anything. [01:52:26.200 --> 01:52:31.200] But the person usually pointing the finger is the high conflict personality. [01:52:31.200 --> 01:52:37.200] They are the person that essentially makes accusations but has no substance behind the accusations. [01:52:37.200 --> 01:52:40.200] However, the courts don't care. [01:52:40.200 --> 01:52:49.200] Because what we're discovering is that the judges that run for family court in Texas, this is not about they care about families. [01:52:49.200 --> 01:52:54.200] It's they care about the opportunity to extract money from families. [01:52:54.200 --> 01:52:58.200] These people are amoral in their general characteristics. [01:52:58.200 --> 01:53:03.200] There are some exceptions to the rule, but for the most part, that's what they've been doing. [01:53:03.200 --> 01:53:05.200] And they've been doing it very successful. [01:53:05.200 --> 01:53:10.200] And the fact that they don't really seem to care, they're just morally vacuums. [01:53:10.200 --> 01:53:20.200] They just don't have any kind of moral compass whatsoever to assess what they're doing in the destruction they're doing to the family. [01:53:20.200 --> 01:53:28.200] So based on this, we're seeing that once they start the ball rolling, they also... [01:53:28.200 --> 01:53:31.200] I've met a number of people that had some good attorneys. [01:53:31.200 --> 01:53:33.200] I've known some good attorneys out there. [01:53:33.200 --> 01:53:37.200] And I've seen divorce cases with custody with children, two or three children. [01:53:37.200 --> 01:53:42.200] And I've seen those cases be resolved in less than 45 days. [01:53:42.200 --> 01:53:48.200] Final orders, everything, the whole cost of the whole shoot and match, even with lawyers involved, $100,000. [01:53:48.200 --> 01:53:53.200] So why are there cases out there where there's no facts on the allegation? [01:53:53.200 --> 01:53:56.200] There's no proof of abuse. [01:53:56.200 --> 01:54:04.200] And even if the police are involved or many times job protective services are involved, they find no corroborating evidence to the story. [01:54:04.200 --> 01:54:11.200] Why is it that the judge gets to continue down a path of abuse of power? [01:54:11.200 --> 01:54:18.200] And the reason they get away with it is generally by the time they've walked them into being destitute, [01:54:18.200 --> 01:54:23.200] they no longer have the will to fight and they have to be able to end this. [01:54:23.200 --> 01:54:29.200] So the court forces them to make a mediation agreement or a settlement agreement with the other party. [01:54:29.200 --> 01:54:36.200] And by doing that, you waive all your rights to the appeal, plus you waive all your rights to complain about the abuse of power. [01:54:36.200 --> 01:54:38.200] And that's what the tactic has been. [01:54:38.200 --> 01:54:46.200] So the issue at this point in time is that people need to look at how that family court process, [01:54:46.200 --> 01:54:55.200] and since we've essentially opened the door for this, the issue also is that the family court judges have been assigning their own personal social studies people, [01:54:55.200 --> 01:54:59.200] as well as amicus attorneys, and these people are biased. [01:54:59.200 --> 01:55:06.200] They are at the beck and call of the judge and their entire livelihood is dependent on them getting cases. [01:55:06.200 --> 01:55:19.200] The judge will prevent or prohibit the parties from getting independent outside experts to castigate the determinations made, frequently made, without a written report. [01:55:19.200 --> 01:55:21.200] They'll orally write it. [01:55:21.200 --> 01:55:25.200] I mean, they'll write the written report, but the written report will never be submitted as evidence. [01:55:25.200 --> 01:55:35.200] And essentially, the goal is to smear one party and then just to drag the whole process out for years in order to beat the party down in order for submission. [01:55:35.200 --> 01:55:43.200] It's bad enough that they do this to the adults, but the harm that's being done to the children is irreversible. [01:55:43.200 --> 01:55:46.200] And this is being done not by accident or by mischance. [01:55:46.200 --> 01:55:51.200] This is being done systematically by corrupt officials. [01:55:51.200 --> 01:55:53.200] For profit. [01:55:53.200 --> 01:56:13.200] It's always been a question as to why a judge would support these lawyers in extracting money from the litigants. [01:56:13.200 --> 01:56:16.200] I'm not sure I want to get into that until we get some more facts. [01:56:16.200 --> 01:56:17.200] Okay, good. [01:56:17.200 --> 01:56:20.200] We've got theories on that operation. [01:56:20.200 --> 01:56:29.200] Right. We have theories on that process, and I'm really wanting to wait until we collect more information to see where we can go with that information. [01:56:29.200 --> 01:56:32.200] I don't want to... [01:56:32.200 --> 01:56:35.200] Well, I don't want to... [01:56:35.200 --> 01:56:38.200] Do you want to give a fair warning yet? [01:56:38.200 --> 01:56:43.200] No, right. I don't want to scatter the game. [01:56:43.200 --> 01:56:51.200] So you think we have an idea of how this works. We just don't have all the pieces in place yet. [01:56:51.200 --> 01:56:53.200] Right. [01:56:53.200 --> 01:56:57.200] So it may be that everybody's in on it. It's just figuring out how that... [01:56:57.200 --> 01:56:59.200] That was always my issue. [01:56:59.200 --> 01:57:09.200] One thing about family judges, I know that if a family judge is really good and does everything right, for the most part, nobody would be happy with it. [01:57:09.200 --> 01:57:14.200] But that's not what's happening here. Somebody's generally happy with the judge. [01:57:14.200 --> 01:57:18.200] And it's generally the party who has more funds than the other party. [01:57:18.200 --> 01:57:24.200] Generally the husband, because the husband knows he's going to file for DeVore. [01:57:24.200 --> 01:57:33.200] He goes and cleans out all the accounts, shuts down all the credit cards, takes everything the couple has that's... [01:57:33.200 --> 01:57:40.200] That fluid that's... What do you call it when you... Community property. [01:57:40.200 --> 01:57:50.200] All the money that they can pull out easily. They take all the available funds and then they file for DeVore. [01:57:50.200 --> 01:57:56.200] And all of a sudden, the other party finds this. Generally the woman finds herself with nothing. [01:57:56.200 --> 01:58:01.200] No money, no credit, no nothing. [01:58:01.200 --> 01:58:12.200] And the husband has taken everything and now he brings the court to force her to give up the children to him so she loses everything. [01:58:12.200 --> 01:58:16.200] And this is the main injustice that keeps me looking at this issue. [01:58:16.200 --> 01:58:20.200] Hang on, Randy Kelton, Radio. [01:58:20.200 --> 01:58:25.200] A call in number 512-646-1984. We're going to our top of the hour break. [01:58:25.200 --> 01:58:32.200] It's a little bit longer so it's a good time to go visit LogosRadioNetwork.com [01:58:32.200 --> 01:58:40.200] and visit some of our sponsors and use them to help us keep this show in the air. [01:58:40.200 --> 01:58:44.200] Hang on, we'll be right back. [01:58:44.200 --> 01:58:53.200] The Bible remains the most popular book in the world. [01:58:53.200 --> 01:58:57.200] Yet countless readers are frustrated because they struggle to understand it. 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