[00:00.000 --> 00:08.000] The following news flash is brought to you by the Lone Star Lowdown, providing the deli [00:08.000 --> 00:10.000] bulletins for the commodities market. [00:10.000 --> 00:23.000] Today in history, news updates and the inside scoop into the tides of the alternative. [00:23.000 --> 00:29.000] Markets for Wednesday, March 2, 2016 are currently treading with gold at $1,240 an ounce, silver [00:29.000 --> 00:35.000] at $14.98 an ounce, Texas crude at $34.40 a barrel, and Bitcoin is currently sitting [00:35.000 --> 00:44.000] at about $429 U.S. currency. [00:44.000 --> 00:49.000] Today in history, the year 1807, the U.S. Congress passes an act to prohibit the importation [00:49.000 --> 00:53.000] of slaves into any port or place within the jurisdiction of the United States. [00:53.000 --> 00:57.000] However, the widespread trade of slaves within the South was not prohibited since the children [00:57.000 --> 00:59.000] of slaves automatically became slaves themselves. [00:59.000 --> 01:05.000] The act prohibiting importation of slaves of 1807 went into effect January 1, 1808. [01:05.000 --> 01:12.000] The beginning of U.S. abolition was today in history. [01:12.000 --> 01:16.000] In recent news, President Obama and First Lady Michelle Obama will both appear later [01:16.000 --> 01:18.000] this month at South by Southwest. [01:18.000 --> 01:22.000] The President is scheduled to take part in a discussion on March 11 with Evan Smith, [01:22.000 --> 01:27.000] editor of the Texas Tribune, on civic engagement and the role of innovative technology in increasing [01:27.000 --> 01:31.000] participation in politics and even solving major problems like climate change. [01:31.000 --> 01:36.000] On March 16, the First Lady will be discussing her Let Girls Learn initiative, which aims [01:36.000 --> 01:41.000] to help an estimated 62 million girls around the world have access to basic higher education. [01:41.000 --> 01:46.000] This will make the Obamas the first president and First Lady to appear at South by Southwest [01:46.000 --> 01:52.000] in its 30-year history. [01:52.000 --> 01:57.000] Lawyer Jose Refugio Rodriguez said today that his client, drug lord Joaquin El Chapo Guzman, [01:57.000 --> 02:01.000] said he wants to be extradited as soon as possible to the United States because guards [02:01.000 --> 02:05.000] at the Mexican maximum security prison aren't letting him sleep. [02:05.000 --> 02:09.000] Mr. Rodriguez is wanting to negotiate with the U.S. authorities for a lighter sentence [02:09.000 --> 02:11.000] and a stay at a medium security prison. [02:11.000 --> 02:15.000] Instead, Radio Formula reported El Chapo fears that his health will worsen because of the [02:15.000 --> 02:19.000] isolated conditions in the Mexican prison and the possibility that the lack of sleep [02:19.000 --> 02:21.000] could cause a heart attack or a stroke. [02:21.000 --> 02:30.000] The process of extradition may take up to a year. [02:30.000 --> 02:34.000] The world's biggest seller of corn and soybean seeds and the maker of Roundup weed killer [02:34.000 --> 02:37.000] Monsanto Corporation issued a profit warning today. [02:37.000 --> 02:42.000] They are forecasting a cut to the midpoint of its fiscal 2006 profit by at least 11 percent. [02:42.000 --> 02:47.000] This is after they announced they are laying off 3,600 employees, roughly 16 percent, of [02:47.000 --> 02:48.000] its global workforce. [02:48.000 --> 02:52.000] Monsanto shares recently went down 7.5 percent and have shed a total of 29 percent during [02:52.000 --> 02:54.000] the past year. [02:54.000 --> 03:23.000] This was Brody with your lowdown for March 2nd, 2016. [03:23.000 --> 03:24.000] Okay. [03:24.000 --> 03:25.000] Howdy, howdy. [03:25.000 --> 03:33.000] This is Randy Kelton, Rule of Law Radio on this Friday, the fourth day of March 2016. [03:33.000 --> 03:38.000] We have had a really nice winter this year. [03:38.000 --> 03:44.000] I hope we don't pay for it this summer, but now we're pushing towards spring. [03:44.000 --> 03:48.000] Everything's picking up and even some of our court cases. [03:48.000 --> 03:55.000] We have been getting some pretty good cases in our, as far as the foreclosure area, we've [03:55.000 --> 04:01.000] been getting some really good rulings in our favor here recently. [04:01.000 --> 04:08.000] So, it has the appearance of being a good start to this new year. [04:08.000 --> 04:10.000] We do have the phones open. [04:10.000 --> 04:16.000] We'll keep the phones open all night and don't forget we still have our fundraiser going. [04:16.000 --> 04:24.000] We had to put in an archive last night because Deborah had a gig she had to do so she can [04:24.000 --> 04:27.000] generate the funds to keep this thing going. [04:27.000 --> 04:35.000] So, make sure you check out our sponsors and if they've got anything that you can use, [04:35.000 --> 04:43.000] make sure you patronize them if you can because we get a percentage of whatever they sell [04:43.000 --> 04:49.000] and that's the only way we profit from the advertising. [04:49.000 --> 04:51.000] And right now we need about all the help we can get. [04:51.000 --> 04:54.000] We still have the gun giveaway going on. [04:54.000 --> 05:01.000] So, go to logosradionetwork.com and check that out. [05:01.000 --> 05:03.000] Help us keep this thing going. [05:03.000 --> 05:04.000] Okay. [05:04.000 --> 05:06.000] My goodness, we have a caller already. [05:06.000 --> 05:13.000] So, I was going to go into this e-book that I've been working on but since we've got a [05:13.000 --> 05:22.000] caller early on, I won't bore you guys with talking about artful vagueness. [05:22.000 --> 05:30.000] Artful vagueness is the next issue that I wanted to talk about. [05:30.000 --> 05:36.000] I personally find it very interesting, even if nobody else does, but I tend to get that [05:36.000 --> 05:37.000] a lot. [05:37.000 --> 05:43.000] If we run out of callers, then I will go back to that. [05:43.000 --> 05:49.000] Oh, I'm getting pages up. [05:49.000 --> 05:54.000] Anyway, I'm waiting for the call screen. [05:54.000 --> 06:02.000] The screen is called, so I don't want to get started into something, but artful vagueness. [06:02.000 --> 06:10.000] We spend a lot of time talking about things you should avoid when you're writing legal [06:10.000 --> 06:15.000] documents and actually they go to any document. [06:15.000 --> 06:23.000] The section on being artfully vague, that's where you take all of those things that we [06:23.000 --> 06:33.000] warned you not to do and you use those in order to affect people in a way that will [06:33.000 --> 06:38.000] cause them to become more engaged. [06:38.000 --> 06:43.000] I know that sounds a bit cryptic, but we will get to that next time. [06:43.000 --> 06:50.000] So, right now we still don't have a caller up. [06:50.000 --> 06:54.000] Since we don't have a caller, I'm kind of stuck. [06:54.000 --> 06:58.000] I'll just go ahead with this. [06:58.000 --> 07:06.000] In previous show, we talked about things to avoid like acronyms, pronouns, conjunction, [07:06.000 --> 07:10.000] mixing elements, emphasis, linguistic structures. [07:10.000 --> 07:20.000] The linguistic structures is where we go to the portion that applies to the concept we [07:20.000 --> 07:23.000] call artful vagueness. [07:23.000 --> 07:35.000] In order to be artfully vague, you only give the information that must be there and leave [07:35.000 --> 07:39.000] out the information that's superfluous. [07:39.000 --> 07:49.000] When you do that, for instance, if you say you saw this person driving a 1964 Chevrolet, [07:49.000 --> 07:57.000] that's enough, unless the specifics of it are critical to the story. [07:57.000 --> 08:01.000] If the only thing that's important is a 1964 Chevrolet, just say a 1964 Chevrolet. [08:01.000 --> 08:07.000] Don't say a green, rusty, beat up old 1964 Chevrolet. [08:07.000 --> 08:16.000] Because if you say you saw someone driving in a car, your reader is going to create in [08:16.000 --> 08:23.000] his mind a mental image of a car that most fits his personal preference. [08:23.000 --> 08:31.000] Then you say it was a green, beat up car. [08:31.000 --> 08:37.000] Then he's going to have to take that car you had in his mind and turn it green and then [08:37.000 --> 08:39.000] turn it beat up somewhat. [08:39.000 --> 08:46.000] Each extra piece of information you give the person will cause them to take the image they've [08:46.000 --> 08:53.000] already created and readjust it to fit the details that you've given them. [08:53.000 --> 09:03.000] Now, that's important if the details that you're giving them matter. [09:03.000 --> 09:10.000] But if the details you're giving them doesn't matter, then what it does is makes your reader [09:10.000 --> 09:15.000] work harder to create in his mind an image that's in your mind. [09:15.000 --> 09:20.000] If the image in your mind is not important, then create anyone you want to. [09:20.000 --> 09:29.000] A narrative will be more compelling if you give them just enough information so they [09:29.000 --> 09:32.000] can create images in their mind. [09:32.000 --> 09:40.000] The images that contain the important details, but these are the ones that are relevant. [09:40.000 --> 09:51.000] I read a book by Dean Koontz and it was a mystery novel and the hero was studying a [09:51.000 --> 09:57.000] cold case and he tried to find the officer who had originally handled the case, but the [09:57.000 --> 10:00.000] officer retired and passed away. [10:00.000 --> 10:04.000] But since he was not going to take a lot of cases home with him, the guy couldn't find [10:04.000 --> 10:10.000] the records he needed, he went to check with the guy's widow. [10:10.000 --> 10:20.000] Koontz, the writer, described the place where this woman lived. [10:20.000 --> 10:28.000] It was an older, very well-kept trailer at the mobile home. [10:28.000 --> 10:32.000] He described the flowerbed that's in front of it. [10:32.000 --> 10:37.000] He described the way the steps were designed going into it. [10:37.000 --> 10:44.000] The color of the door, the color of the paneling inside, the type of furniture that had it [10:44.000 --> 10:48.000] just went on and on and on. [10:48.000 --> 10:59.000] If he would have simply said she lived in an aging, quaint but well-kept mobile home, [10:59.000 --> 11:07.000] I would have created in my mind a quaint, aging, well-kept mobile home that was compelling [11:07.000 --> 11:09.000] to me. [11:09.000 --> 11:15.000] But instead, he kept forcing me to take my image and keep adjusting it and twisted it [11:15.000 --> 11:17.000] and add things and take things out. [11:17.000 --> 11:28.000] When in the end, none of those details were in the least bit important. [11:28.000 --> 11:34.000] It seemed as though he was just adding words to the narrative. [11:34.000 --> 11:47.000] I mentioned earlier on speaking to Lord of the Rings where he described a character and [11:47.000 --> 11:55.000] spent 50-something pages giving this character's whole life history. [11:55.000 --> 11:58.000] Then he never showed up again in the whole trilogy. [11:58.000 --> 12:06.000] When I finished the third book and that elf never showed up again, I was furious. [12:06.000 --> 12:13.000] When you're trying to be artfully vague, but when you're trying to engage your reader [12:13.000 --> 12:19.000] in the process, leave out the details that don't have to be there. [12:19.000 --> 12:27.000] We do that anyway, and one of the ways we do that is with deletions, distortions, and [12:27.000 --> 12:30.000] nominalizations. [12:30.000 --> 12:37.000] Nominalization, that's where you take a process and turn it into a noun. [12:37.000 --> 12:41.000] Angry, that's a nominalization. [12:41.000 --> 12:44.000] Angry is not a thing or mad. [12:44.000 --> 12:47.000] That's not something that you get. [12:47.000 --> 12:50.000] That's not something that happens to you. [12:50.000 --> 12:54.000] It's a description of a set of behaviors. [12:54.000 --> 12:57.000] It's a way of acting. [12:57.000 --> 13:05.000] We take a pattern of behavior and give it a name so that we can describe the whole pattern [13:05.000 --> 13:08.000] or the nominalization. [13:08.000 --> 13:13.000] Nominalizations often create complex equivalence. [13:13.000 --> 13:17.000] Earlier we talked about avoiding complex equivalence. [13:17.000 --> 13:28.000] Well, when the equivalent is unimportant, when what you're speaking to is not critical [13:28.000 --> 13:40.000] to the fact structure, then you can use the term, his behavior made me furious. [13:40.000 --> 13:51.000] The reader will create in his mind what for him represents this nominalization, furious. [13:51.000 --> 13:58.000] Now, what's furious for me may not be the same as what's furious for you. [13:58.000 --> 14:04.000] If I describe my fury to you, you may not think that's very furious at all. [14:04.000 --> 14:07.000] You may not find it the least bit compelling. [14:07.000 --> 14:16.000] You may actually think it's somewhat whack or extreme or not compelling enough to actually be furious. [14:16.000 --> 14:19.000] You're only a little PO'd. [14:19.000 --> 14:27.000] But if you leave out the deep structure, leave out all of the defining details, [14:27.000 --> 14:33.000] your reader will put in details that are compelling to the reader. [14:33.000 --> 14:39.000] And in doing so, it engages the reader in the process. [14:39.000 --> 14:45.000] And nominalizations go along with deletions and distortions. [14:45.000 --> 14:58.000] These are, when you're speaking of transformational grammar, these are primary structures. [14:58.000 --> 15:05.000] We mostly speak two to three hundred words a minute. [15:05.000 --> 15:13.000] And in speaking so quickly, in order to transfer meaning, [15:13.000 --> 15:19.000] we use terms that have deeper meaning than, say, the number one. [15:19.000 --> 15:22.000] The number one doesn't have much deep structure. [15:22.000 --> 15:25.000] It just is what it is. [15:25.000 --> 15:30.000] But frustration, frustration has all sorts of deep structure. [15:30.000 --> 15:40.000] We use terms that have subtle associated meaning that we don't supply. [15:40.000 --> 15:46.000] That way, the reader, when he reads it, he will have to supply that information. [15:46.000 --> 15:50.000] And distortions, I won't go too deep into distortions. [15:50.000 --> 15:54.000] I think we all understand what deletions and distortions are. [15:54.000 --> 16:03.000] But there's another way of using these I'll get into later. [16:03.000 --> 16:08.000] And if I'm a little sketchy in how I'm presenting this, [16:08.000 --> 16:11.000] this is something I've studied for a long time, [16:11.000 --> 16:16.000] but it's not something that I've ever tried to present to someone else. [16:16.000 --> 16:23.000] So I'm not as eloquent in presenting these ideas as I'd like to be. [16:23.000 --> 16:31.000] This is not the kind of thing you'll find in literature concerning how to write well. [16:31.000 --> 16:37.000] I have an extensive library on this subject, and none of this stuff's in there. [16:37.000 --> 16:48.000] And from my experience, this is the kind of thing that creates the most compelling quotes. [16:48.000 --> 16:57.000] This is paying attention to how the reader's mind moves with the narrative. [16:57.000 --> 17:22.000] Hang on, we'll be right back. [17:27.000 --> 17:54.000] We'll be right back. [17:54.000 --> 18:01.000] We'll be right back. [18:24.000 --> 18:26.000] We'll be right back. [18:54.000 --> 18:58.000] We'll be right back. [18:58.000 --> 19:00.000] We'll be right back. [19:00.000 --> 19:02.000] We'll be right back. [19:02.000 --> 19:03.000] We'll be right back. [19:03.000 --> 19:05.000] We'll be right back. [19:05.000 --> 19:06.000] We'll be right back. [19:06.000 --> 19:08.000] We'll be right back. [19:08.000 --> 19:10.000] We'll be right back. [19:10.000 --> 19:13.000] We'll be right back. [19:13.000 --> 19:15.000] We'll be right back. [19:15.000 --> 19:17.000] We'll be right back. [19:17.000 --> 19:20.000] We'll be right back. [19:20.000 --> 19:22.000] We'll be right back. [19:22.000 --> 19:23.000] We'll be right back. [19:23.000 --> 19:33.160] Okay, we are back, Randy Kelton with our radio, and I went to that, this section because there [19:33.160 --> 19:40.520] were a couple of new interesting tools that I wanted to present, but I haven't structured [19:40.520 --> 19:45.320] this well enough, I guess, to be able to present it well. [19:45.320 --> 19:52.440] I did want to talk about conversational ellipsis and extended quotations, but I'll do that [19:52.440 --> 19:53.440] at another time. [19:53.440 --> 19:58.800] I'll study this out and build a better presentation for those. [19:58.800 --> 20:05.680] Right now I have a caller, and if we run out of callers, I'll go to how the court works. [20:05.680 --> 20:11.080] Most of our listeners should find that a whole lot more interesting, and this is the kind [20:11.080 --> 20:14.040] of things they don't teach in school. [20:14.040 --> 20:17.320] This is how it actually works out here in the real world. [20:17.320 --> 20:23.320] Some of this we've developed, and it looks like we have a caller that keeps dropping [20:23.320 --> 20:24.320] off. [20:24.320 --> 20:31.520] Okay, I'm going to go to... Okay, my caller is back. [20:31.520 --> 20:34.400] It looks like we may have a little issue with our call board today. [20:34.400 --> 20:36.560] Okay, I'm going to go ahead and go to the caller. [20:36.560 --> 20:41.040] If we run out of callers, I'll go to how the courts actually work. [20:41.040 --> 20:44.080] Hello, Scott from Texas. [20:44.080 --> 20:46.040] Hello, Randy. [20:46.040 --> 20:47.640] How are you? [20:47.640 --> 20:49.960] I'm doing good. [20:49.960 --> 20:50.960] I'm doing good. [20:50.960 --> 20:54.880] What do you have for us today? [20:54.880 --> 21:01.000] Well today it was kind of a slow week because you were so hard to catch because you were [21:01.000 --> 21:08.960] so busy, but I finally got it straightened out about the 17.3, which people, if they're [21:08.960 --> 21:15.760] keeping up with this stuff, I narrowed the time frame way too small. [21:15.760 --> 21:21.040] So I had to expand it out so I encompassed it to be two weeks before the day and two [21:21.040 --> 21:22.840] weeks after the day. [21:22.840 --> 21:24.600] Okay, hold on, hold on. [21:24.600 --> 21:28.120] Let's back up and give some background here. [21:28.120 --> 21:38.000] He's talking about 17.30, that's his code of criminal procedure, and it addresses what [21:38.000 --> 21:45.520] a magistrate is to do after the magistrate finishes an examining trial. [21:45.520 --> 21:49.760] He is to seal all documents had in the hearing. [21:49.760 --> 21:57.920] The voluntary statement of the accused, the complaint, and all other documents had in [21:57.920 --> 22:04.800] the hearing shall be sealed in an envelope, writing the name of the magistrate across [22:04.800 --> 22:06.200] the seal of the envelope. [22:06.200 --> 22:13.040] That is the only place you'll find that anywhere in Texas law that I have ever seen. [22:13.040 --> 22:18.160] I've never seen anything ordered sealed anywhere else. [22:18.160 --> 22:25.320] And that's primarily because the magistrate is not the trial court judge, or the magistrate [22:25.320 --> 22:30.000] may wind up being the trial court judge, but not necessarily. [22:30.000 --> 22:34.920] When the magistrate acts in the magistrate capacity, he merely makes a determination [22:34.920 --> 22:37.160] of probable cause. [22:37.160 --> 22:45.040] And then under 16.17, he's to issue an order stating whether he found probable cause, or [22:45.040 --> 22:54.880] at least a person at his liberty, sent him to bail, and rendered him to the jail in the [22:54.880 --> 22:55.880] county. [22:55.880 --> 22:58.400] Whatever he did, he's to issue an order. [22:58.400 --> 23:03.320] And if there is no warrant, then he's to create a warrant. [23:03.320 --> 23:09.800] Now that may seem odd that the person is in front of the magistrate already and the magistrate [23:09.800 --> 23:12.240] issues a warrant. [23:12.240 --> 23:20.040] It is the warrant and the order that when it is transferred to the clerk of the court [23:20.040 --> 23:27.080] of jurisdiction, that's what gives the court jurisdiction to hear the case. [23:27.080 --> 23:32.840] A magistrate has jurisdiction by virtue of the criminal accusation. [23:32.840 --> 23:39.600] Once the accusation is converted into a judicial determination of probable cause, that's forwarded [23:39.600 --> 23:46.200] to the clerk of the court that will have jurisdiction, and that moves jurisdiction from the magistrate [23:46.200 --> 23:48.200] to the court. [23:48.200 --> 23:56.120] 17.3 is the statute that directs the magistrate to take that action. [23:56.120 --> 24:04.240] And Scott requested that from, is this the municipality or the county court? [24:04.240 --> 24:05.240] The county. [24:05.240 --> 24:08.240] Okay, from the county court. [24:08.240 --> 24:16.720] So the request is, and I have it on Jurisimprudence.com, it says you are hereby directed to provide [24:16.720 --> 24:21.920] for by inspection and or copying all records collected or similar maintained by the department [24:21.920 --> 24:27.880] that are specifically referenced by Article 17.30 Texas Code of Criminal Procedure. [24:27.880 --> 24:37.800] You may reduce the scope of this request by providing documents from this date to this [24:37.800 --> 24:40.680] date. [24:40.680 --> 24:50.000] And initially Scott said one that he was trying to home in on the time that he was arrested [24:50.000 --> 24:52.160] and charged. [24:52.160 --> 24:53.160] So he said it. [24:53.160 --> 24:54.160] No, actually. [24:54.160 --> 24:55.160] Go ahead. [24:55.160 --> 25:01.800] Actually, I put the time in when I was at court when she actually held the examining [25:01.800 --> 25:08.440] trial because she said, I'm going to deny this motion for the cop or whatever, this [25:08.440 --> 25:11.160] criminal accusation, I'm going to deny that. [25:11.160 --> 25:17.880] And so I was rendering it during that time of that open court when she made that decision, [25:17.880 --> 25:22.360] which was my mistake because I didn't know it should have been a broader spectrum of [25:22.360 --> 25:23.360] time. [25:23.360 --> 25:28.360] But let me explain why. [25:28.360 --> 25:35.840] The reason we ask for a broader spectrum is nobody does this. [25:35.840 --> 25:42.720] Nobody in Texas follows this procedure, although it's very specific in the code, nobody follows [25:42.720 --> 25:45.360] it. [25:45.360 --> 25:53.120] And so the courts just do what's convenient for them. [25:53.120 --> 26:03.160] And it's my position that our legislature did not write these codes capriciously. [26:03.160 --> 26:06.920] They had good cause for each of these codes. [26:06.920 --> 26:16.480] And our officials have just one by one made seemingly minor adjustments toward administrative [26:16.480 --> 26:23.760] convenience and adjudicated expediency till they reach the point that their practice doesn't [26:23.760 --> 26:26.480] even resemble the code. [26:26.480 --> 26:32.560] So we're asking them for something we're relatively certain they will not have. [26:32.560 --> 26:42.640] We give them this wider scope so that it will establish that over a wide range of complaints, [26:42.640 --> 26:44.680] they don't do this at all. [26:44.680 --> 26:49.960] Not just that they didn't do it in my individual case, they don't ever do it because you can [26:49.960 --> 26:53.760] always expect a response. [26:53.760 --> 27:00.320] First thing you get a response saying is, we don't understand what you're asking for. [27:00.320 --> 27:02.000] That's what I do again. [27:02.000 --> 27:06.240] And I always tell them, well, if you don't understand what I'm asking for, ask the legislature, [27:06.240 --> 27:09.200] they wrote the code, I didn't. [27:09.200 --> 27:13.680] And then they never find that satisfying, but I don't care. [27:13.680 --> 27:20.400] And then they'll send me a response saying, we have no records responsive to your request. [27:20.400 --> 27:23.360] That's what you want. [27:23.360 --> 27:30.040] Now you can turn around and file criminal charges against the magistrate for failing to perform [27:30.040 --> 27:32.280] a duty he was required before. [27:32.280 --> 27:36.640] Is that how you got it, Scott? [27:36.640 --> 27:37.640] Yeah. [27:37.640 --> 27:43.040] And this was the whole thing it's kind of leading up to because, okay, we put the criminal [27:43.040 --> 27:44.880] accusation in against the cops. [27:44.880 --> 27:46.560] Well, the judge denies it. [27:46.560 --> 27:47.560] Okay, fine. [27:47.560 --> 27:52.800] But the judge didn't seal the records up and do it according to the code 17.3. [27:52.800 --> 27:53.800] Fine. [27:53.800 --> 28:00.600] So now that that has occurred, now I want to put a motion in to recuse the judge. [28:00.600 --> 28:03.080] Well, then that's not going to happen. [28:03.080 --> 28:08.880] We all know how that just gets wadded up and thrown away, but she has to have that hearing. [28:08.880 --> 28:15.800] Well, after that hearing, then I go back and put in this criminal charge that I have against [28:15.800 --> 28:20.040] the judge in Addison, which I tried to get indicted. [28:20.040 --> 28:27.080] And she now that they already know that I've done this criminal charge against their own [28:27.080 --> 28:32.960] officer and they didn't file proper protocol, and she's already been recused from that, [28:32.960 --> 28:34.560] and she's still sitting on the bench. [28:34.560 --> 28:39.600] When I gave her that criminal complaint and she sits there and has to stare at that thing, [28:39.600 --> 28:43.800] now she knows she's going to have to do the proper procedure on that. [28:43.800 --> 28:47.280] Sorry, I'm getting a phone call, but I'm not going to answer. [28:47.280 --> 28:54.200] But anyhow, so now she's going to be sitting there forced to touch this criminal complaint [28:54.200 --> 28:56.760] against the judge. [28:56.760 --> 28:59.320] And now she's going to be like, oh man, I really hate that. [28:59.320 --> 29:01.400] I have to do something with this. [29:01.400 --> 29:04.400] And then I'll have to go back in there and see her and she'll have to tell me what she's [29:04.400 --> 29:06.680] going to do with that criminal complaint on the judge. [29:06.680 --> 29:07.680] Yeah. [29:07.680 --> 29:13.520] Isn't this criminal complaint against the judge, accusing the judge of failing to act [29:13.520 --> 29:15.680] on a criminal complaint? [29:15.680 --> 29:18.120] Well, that would be later. [29:18.120 --> 29:23.960] See, I set her up with the cop, her own cop, because it's in Rockwall, it's in Rockwall [29:23.960 --> 29:26.040] County, which is a different county. [29:26.040 --> 29:28.080] So now I try to get her recused. [29:28.080 --> 29:29.080] That don't happen. [29:29.080 --> 29:33.640] So now she's on, now I've already got her on the hot seat for not doing the file, the [29:33.640 --> 29:38.040] file paperwork correctly, and she has to file it on this judge. [29:38.040 --> 29:39.040] Okay. [29:39.040 --> 29:40.320] Hang on. [29:40.320 --> 29:41.680] We are about to go to break. [29:41.680 --> 29:44.640] This is Randy Kelton, Reelabuy Radio. [29:44.640 --> 29:49.360] I call him number 512-646-1984. [29:49.360 --> 29:53.600] This is a little bit longer break, so we have more time to go check out our sponsors and [29:53.600 --> 29:55.080] help support this network. [29:55.080 --> 30:01.840] We'll be right back. [30:01.840 --> 30:03.800] Snacking can make you healthier, really. [30:03.800 --> 30:08.560] In fact, one tasty treat that's often considered a naughty indulgence should move right to [30:08.560 --> 30:09.560] the top of your list. [30:09.560 --> 30:14.280] I'm Dr. Catherine Albrecht, and I'll tell you what it is in just a moment. [30:14.280 --> 30:15.880] Privacy is under attack. [30:15.880 --> 30:19.480] When you give up data about yourself, you'll never get it back again. [30:19.480 --> 30:24.040] And once your privacy is gone, you'll find your freedoms will start to vanish, too. [30:24.040 --> 30:29.400] So protect your rights, say no to surveillance, and keep your information to yourself. [30:29.400 --> 30:32.000] Privacy, it's worth hanging on to. [30:32.000 --> 30:36.280] This public service announcement is brought to you by StartPage.com, the private search [30:36.280 --> 30:39.840] engine alternative to Google, Yahoo, and Bing. [30:39.840 --> 30:43.000] Start over with StartPage. [30:43.000 --> 30:45.200] It's time to go crazy for nuts. [30:45.200 --> 30:47.280] Forget about nuts being fattening. [30:47.280 --> 30:51.040] In moderation, they can actually help power up weight loss because they're packed with [30:51.040 --> 30:53.320] protein, nutrients, and fiber. [30:53.320 --> 30:57.880] A study by the International Journal of Obesity found that overweight adults who ate almonds [30:57.880 --> 31:03.000] as part of their diet plans lost more weight than those who ate more complex carbohydrates. [31:03.000 --> 31:07.240] And while you're losing weight, nuts can help prevent heart disease, cancer, and premature [31:07.240 --> 31:09.840] aging, especially walnuts. [31:09.840 --> 31:14.120] Scientists have crammed them the king of nuts because they contain nearly twice the health-enhancing [31:14.120 --> 31:18.400] antioxidants of other nuts, plus they're the richest in omega-3s. [31:18.400 --> 31:19.400] So go ahead. [31:19.400 --> 31:21.200] You can afford to go nuts for nuts. [31:21.200 --> 31:23.080] I'm Dr. Catherine Albrecht. [31:23.080 --> 31:30.560] More news and information at CatherineAlbrecht.com. [31:30.560 --> 31:34.960] Did you know there are 3 million edible food plants on earth, and none have the nutritional [31:34.960 --> 31:36.640] value of the hemp plant? [31:36.640 --> 31:39.240] HempUSA.org offers you hemp protein powder. [31:39.240 --> 31:45.080] It does not contain chemicals or THC, is non-GMO, and is 100% gluten-free. [31:45.080 --> 31:50.240] Hemp protein powder burns fat, builds muscle, contains 53% protein, and feeds the body the [31:50.240 --> 31:51.720] nutrients it needs. [31:51.720 --> 32:02.200] Call 888-910-4367 and see what our powder, seeds, and oil can do for you, only at HempUSA.org. [32:02.200 --> 32:04.960] Rule of Law Radio is proud to offer the Rule of Law traffic seminar. [32:04.960 --> 32:08.800] In today's America, we live in an us-against-them society, and if we the people are ever going [32:08.800 --> 32:12.760] to have a free society, then we're going to have to stand and defend our own rights. [32:12.760 --> 32:15.960] Among those rights are the right to travel freely from place to place, the right to act [32:15.960 --> 32:20.000] in our own private capacity, and most importantly, the right to due process of law. [32:20.000 --> 32:23.840] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve [32:23.840 --> 32:25.200] our rights through due process. [32:25.200 --> 32:29.200] Former Sheriff's Deputy, A. Craig, in conjunction with Rule of Law Radio has put together the [32:29.200 --> 32:32.960] most comprehensive teaching tool available that will help you understand what due process [32:32.960 --> 32:35.360] is and how to hold courts to the rule of law. [32:35.360 --> 32:39.360] You can get your own copy of this invaluable material by going to ruleoflawradio.com and [32:39.360 --> 32:40.720] ordering your copy today. [32:40.720 --> 32:44.080] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, [32:44.080 --> 32:48.480] The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research [32:48.480 --> 32:50.800] documents, and other useful resource material. [32:50.800 --> 32:54.760] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [32:54.760 --> 32:59.920] Order your copy today, and together we can have the free society we all want and deserve. [32:59.920 --> 33:09.120] You're listening to the Logos Radio Network at logosradionetwork.com. [33:09.120 --> 33:38.240] Okay, we are back, Randy Kelcom, Rule of Law Radio, and we're talking to Scott in Texas. [33:38.240 --> 33:45.040] Okay, Scott, so what is your plan moving forward here? [33:45.040 --> 33:53.680] Well, now that I kind of... The thing is, I'm kind of pulling in several steps ahead [33:53.680 --> 34:00.080] over in that court, so now I'm kind of backing up, and I want to fall back and regroup on [34:00.080 --> 34:06.720] a couple of other little cases that I got going, and I guess one of the questions I [34:06.720 --> 34:15.360] really have is, once I put in the request to get all the evidence of all the video and [34:15.360 --> 34:23.000] stuff, don't they have to give that to me, or can they deny me the video of the cop smashing [34:23.000 --> 34:25.200] my window stuff? [34:25.200 --> 34:35.280] Technically, in Texas, although it's not in paramateria with constitution, the courts [34:35.280 --> 34:41.800] have ruled that in a class C misdemeanor, you don't have a right to discovery. [34:41.800 --> 34:52.960] However, since you don't have a right to discovery, then you can seek the records under the Open [34:52.960 --> 34:54.520] Records Act. [34:54.520 --> 35:05.200] Now, the code says that the Open Records Act is not intended to supplant discovery. [35:05.200 --> 35:21.000] So if you're in a trial in any kind of a legal proceeding before a court, the statutes stipulate [35:21.000 --> 35:25.680] that you can't use the Open Records Act. [35:25.680 --> 35:30.320] So essentially, when you file suit or when you are sued, you lose your right to open [35:30.320 --> 35:34.560] records as it applies to the suit. [35:34.560 --> 35:39.160] And that's just because they want the judge to be able to control it for some reason, [35:39.160 --> 35:40.160] I don't know. [35:40.160 --> 35:46.760] But in a class C misdemeanor, you don't have a right to discovery, so you should always [35:46.760 --> 35:50.080] be able to use the Open Records Act. [35:50.080 --> 36:01.280] And if the prosecutor claims that this is part of an ongoing investigation, then you [36:01.280 --> 36:04.720] request it under discovery. [36:04.720 --> 36:12.520] If they say you don't have a right to discovery and they won't respond to Open Records Act, [36:12.520 --> 36:18.600] now they deny you your right to a public court. [36:18.600 --> 36:23.960] And Open Records is great because a violation of that is a class A misdemeanor in the state [36:23.960 --> 36:25.880] of Texas. [36:25.880 --> 36:35.160] In most states, the Open Records Act is not a civil statute, it's a criminal statute. [36:35.160 --> 36:39.520] In Texas, $10,000 fine, you're in jail. [36:39.520 --> 36:43.440] The legislature can consider that a big deal. [36:43.440 --> 36:48.920] For the most part, these public officials don't because if you try to prosecute one [36:48.920 --> 36:57.560] of them, all the other persons in the prosecutorial process try to shield them from prosecution. [36:57.560 --> 37:07.880] And that's what we're doing now is all about, is we're taking the process of filing criminal [37:07.880 --> 37:10.840] complaints and working them over with it. [37:10.840 --> 37:16.640] Scott, you're going to file against this judge, and when the judge doesn't act on it, then [37:16.640 --> 37:19.880] you file on the judge. [37:19.880 --> 37:25.080] And they don't know what to do with that because their problem is, is they immediately will [37:25.080 --> 37:27.840] run up against the codes. [37:27.840 --> 37:36.440] And I've told more than one deputy or police officer in Baylor, don't get upset with me. [37:36.440 --> 37:41.480] I didn't write the code, I just read it. [37:41.480 --> 37:44.640] And here it's very clear what they're required to do. [37:44.640 --> 37:50.080] Kind of got off subject, but yeah, you put in the request, if they deny the request, [37:50.080 --> 37:54.200] then request it under the Open Records Act. [37:54.200 --> 37:58.880] And then they'll deny that and then you just, then you'll have to just file against the [37:58.880 --> 38:04.120] judge again or file against the court or would you file against the prosecutor? [38:04.120 --> 38:07.880] It makes a great question to ask. [38:07.880 --> 38:08.880] Yeah. [38:08.880 --> 38:18.120] If, if I can't have discovery and I can't get it under open records because it's part [38:18.120 --> 38:23.680] of an ongoing criminal case, then now I no longer have a public court. [38:23.680 --> 38:30.080] So now you guys, you cut out discovery in Class A misdemeanors because they're just [38:30.080 --> 38:34.120] about money anyway. [38:34.120 --> 38:37.680] You cut out discovery to make it easier and cheaper for you to prosecute. [38:37.680 --> 38:43.000] Now you run up against the constitution. [38:43.000 --> 38:49.080] And these smaller courts, especially the smaller municipalities, they don't have the deep pockets [38:49.080 --> 38:52.960] that like Dallas or Fort Worth does. [38:52.960 --> 38:58.200] So when they start looking at you setting them up for a lawsuit, they're going to start [38:58.200 --> 39:01.280] getting real unhappy. [39:01.280 --> 39:07.000] And you wind up with more police officers pulling in behind you, following you for a [39:07.000 --> 39:11.000] little while and then going somewhere else. [39:11.000 --> 39:19.760] Well, speaking of that, as today, I was going to the gym this morning and had another nice [39:19.760 --> 39:25.680] officer get right up behind me, followed me for about a mile or so. [39:25.680 --> 39:30.920] He was real close at first and then when I kept looking back, he kept getting further [39:30.920 --> 39:35.720] and further away till he just disappeared right out of my rear view mirror. [39:35.720 --> 39:43.240] Yeah, once you've hammered them a time or two, they tend to not want anything to do [39:43.240 --> 39:44.240] with you. [39:44.240 --> 39:51.040] And in your case, since how many hits did you get on that video you posted of the cop [39:51.040 --> 39:52.520] breaking out your window? [39:52.520 --> 39:57.080] Yeah, it's at 1.8 million right now. [39:57.080 --> 40:03.160] And so a lot of LEO websites too, they've been posting it around there and, you know, [40:03.160 --> 40:08.040] because a lot of them were trying to like bash and say, because they all label it as [40:08.040 --> 40:10.920] a sovereign movement, sovereign citizen and stuff. [40:10.920 --> 40:17.560] But, you know, I never mentioned anything about it and it's gotten a lot of traction [40:17.560 --> 40:22.720] and a lot of hits have turned on that thing, whether they like it or not, because I was [40:22.720 --> 40:27.280] never belligerent, never cussed, never said anything foul. [40:27.280 --> 40:31.840] And I just asked them if this was a custodial stop, am I under arrest, do you have a warrant [40:31.840 --> 40:33.400] for my arrest? [40:33.400 --> 40:35.760] And that was basically it. [40:35.760 --> 40:40.000] And man, they have got a problem. [40:40.000 --> 40:47.760] They're not going to want another 1.8 million hits on a video of one of their cops acting [40:47.760 --> 40:49.560] ignorant. [40:49.560 --> 40:58.720] So it doesn't take a 1.8 million hits on a YouTube video to get them not to want anything [40:58.720 --> 40:59.720] to do with you. [40:59.720 --> 41:04.040] And in this case, where they broke out his window, it's essentially committed assault [41:04.040 --> 41:06.560] against him. [41:06.560 --> 41:12.440] I suspect all the other officers have been warned, leave this guy alone because we don't [41:12.440 --> 41:20.160] want another incident like this and we don't want this guy suing us and I take it that's [41:20.160 --> 41:21.160] in the works. [41:21.160 --> 41:22.160] Oh, well, yeah. [41:22.160 --> 41:30.080] In fact, I was wanting to, if there's no other callers right quick, I can read you the opening [41:30.080 --> 41:35.080] line that I was, then we kind of went back because we got the criminal complaint against [41:35.080 --> 41:36.080] the cops. [41:36.080 --> 41:40.840] We tried to indict the judge for not letting me speak at a motion hearing with a Tarrant [41:40.840 --> 41:41.840] County grand jury. [41:41.840 --> 41:43.200] He got no bills. [41:43.200 --> 41:44.200] We knew that was coming. [41:44.200 --> 41:49.600] But now we're working on the criminal complaint against the cops and put this to a federal [41:49.600 --> 41:52.960] grand jury to indict the cops. [41:52.960 --> 41:59.040] And so if you want, I can kind of tell you that, and the main thing is when y'all are [41:59.040 --> 42:09.520] starting to start writing your papers is the, basically the lead in is why are you actually [42:09.520 --> 42:12.560] doing this and what brought you here? [42:12.560 --> 42:16.360] Because you don't want to sound like you're crazy and you just fell off the turnip truck [42:16.360 --> 42:21.920] and you're the patriot, sovereign movement, keen leader, and you're going to set the record [42:21.920 --> 42:27.480] straight on how the constitution was read in a court because that don't happen these [42:27.480 --> 42:28.480] days. [42:28.480 --> 42:35.240] But when I was showing this to the lady manager, she was like, oh, well, you know, everybody's [42:35.240 --> 42:41.240] going to think you're a patron nut because nobody really understands what's going on. [42:41.240 --> 42:47.200] So the thing is you want to try to make people understand what it is you're doing. [42:47.200 --> 42:52.120] And here it is basically the opening after, you know, I have reason to believe and do [42:52.120 --> 42:54.120] believe, blah, blah, blah. [42:54.120 --> 42:58.760] But this is what I was saying is the following is a complaint concerning certain practices [42:58.760 --> 43:00.880] and procedures in Texas. [43:00.880 --> 43:07.240] The complainant is concerned that these practices are not compliant with state law. [43:07.240 --> 43:12.460] This creates a serious conflict between an officer and the average person on the road. [43:12.460 --> 43:15.520] The problem was clear, yet the law is not. [43:15.520 --> 43:24.200] This ambiguity is a huge disservice to the cops and the people they are hired to protect. [43:24.200 --> 43:29.320] The complainant's goal is to resolve these differences so that law enforcement and we [43:29.320 --> 43:34.720] the people have a clear understanding of the law as written. [43:34.720 --> 43:41.520] And so that was I wanted to people to understand that I'm I'm wanting to educate the reader [43:41.520 --> 43:46.360] of what these problems are and how we address them. [43:46.360 --> 43:51.080] OK, hang on. [43:51.080 --> 43:52.080] This is. [43:52.080 --> 43:53.080] Oh, Mac. [43:53.080 --> 43:54.080] Oh, there's my clock. [43:54.080 --> 43:56.400] I lost my clock for a second. [43:56.400 --> 44:00.880] Randy Kelton, we'll radio we'll be right back. [44:00.880 --> 44:03.160] Hello. [44:03.160 --> 44:08.080] My name is Stuart Smith from NaturesPureOrganics.com, and I would like to invite you to come by [44:08.080 --> 44:13.480] our store at 1904 Guadalupe Street, Sweet D here in Austin, Texas, on Brave New Books [44:13.480 --> 44:18.400] and Chase Bank to see all our fantastic health and wellness products with your very own eyes. [44:18.400 --> 44:22.760] Have a look at our Miracle Healing Clay that started our adventure in alternative medicine. [44:22.760 --> 44:26.800] Take a peek at some of our other wonderful products, including our Australian emu oil, [44:26.800 --> 44:34.880] lotion candles, olive oil, soaps and colloidal silver and gold, call 512-264-4043 or find [44:34.880 --> 44:43.320] us online at NaturesPureOrganics.com, that's 512-264-4043, NaturesPureOrganics.com. [44:43.320 --> 45:01.400] Don't forget to like us on Facebook for information on events and our products, NaturesPureOrganics.com. [45:01.400 --> 45:04.560] Are you the plaintiff or defendant in a lawsuit? [45:04.560 --> 45:09.800] Win your case without an attorney with Juris Dictionary, the affordable, easy to understand [45:09.800 --> 45:14.480] 4-CD course that will show you how in 24 hours, step-by-step. [45:14.480 --> 45:19.040] If you have a lawyer, know what your lawyer should be doing. [45:19.040 --> 45:23.320] If you don't have a lawyer, know what you should do for yourself. [45:23.320 --> 45:28.200] Thousands have won with our step-by-step course and now you can too. [45:28.200 --> 45:34.960] Juris Dictionary was created by a licensed attorney with 22 years of case-winning experience. [45:34.960 --> 45:39.600] Even if you're not in a lawsuit, you can learn what everyone should understand about the [45:39.600 --> 45:43.760] principles and practices that control our American courts. [45:43.760 --> 45:49.960] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [45:49.960 --> 45:52.200] pro se tactics, and much more. [45:52.200 --> 46:00.000] Please visit RuleOfLawRadio.com and click on the banner or call toll-free, 866-LAW-EZ. [46:00.000 --> 46:19.800] Okay. [46:19.800 --> 46:20.800] We are back. [46:20.800 --> 46:24.600] Randy Kelton with the radio and we're talking to Scott in Texas. [46:24.600 --> 46:27.200] Okay, Scott, go ahead. [46:27.200 --> 46:28.200] Okay. [46:28.200 --> 46:35.240] So that was basically the lead-in sentence and now this is the part that Randy helped [46:35.240 --> 46:36.240] me out. [46:36.240 --> 46:39.360] He worked in and this was pretty much the lead-in. [46:39.360 --> 46:43.720] I just kind of tweaked it just a little bit just to see maybe, but let me just read it [46:43.720 --> 46:44.720] for you real quick. [46:44.720 --> 46:49.600] It's real short, so it's on a pillicum, but after it says I've been stopped by an officer, [46:49.600 --> 46:51.480] blah, blah, blah, for speeding. [46:51.480 --> 46:52.480] Okay. [46:52.480 --> 46:56.200] Complaint has been studying the traffic codes and found that it is clear that the state [46:56.200 --> 47:02.600] may only license commercial professionals like lawyers, doctors, plumbers, electricians, [47:02.600 --> 47:04.360] and so forth. [47:04.360 --> 47:11.000] Complaintant had a regular state-issued license, considered by the state as a commercial chauffeur's [47:11.000 --> 47:14.000] license, which is a dual license. [47:14.000 --> 47:20.760] This license grants the authority to transport up to eight people for compensation or hire. [47:20.760 --> 47:25.920] At the time, Complaintant was not using his commercial license, but rather was traveling. [47:25.920 --> 47:31.560] Therefore, Complaintant calmly and politely asked questions to the officer to determine [47:31.560 --> 47:38.800] whether or not he had reason to believe Complaintant was acting in commerce and violating state [47:38.800 --> 47:39.800] law. [47:39.800 --> 47:42.280] And then the rest is just a complaint. [47:42.280 --> 47:50.240] But the whole thing with that, the first couple of sentences was to lead the reader into understanding [47:50.240 --> 48:00.760] what the problem is, how the problem is, is unclear why the actual person, me, had questioned [48:00.760 --> 48:09.040] the officer because I had reason to believe after studying the code that there was a discrepancy. [48:09.040 --> 48:16.480] And I wanted to address this discrepancy in a calm, polite manner so you didn't look like [48:16.480 --> 48:21.600] you're sitting there cussing, you don't have the back to pull me, you're not doing that. [48:21.600 --> 48:28.360] You're actually trying to present a case in a calm, presented manner. [48:28.360 --> 48:31.920] And so what do you think? [48:31.920 --> 48:45.640] Well, the 1.8 million hits on the YouTube video probably kind of speaks for itself. [48:45.640 --> 48:54.320] And it has been my experience that policemen are trained to take absolute total control [48:54.320 --> 48:56.520] of a situation. [48:56.520 --> 49:04.200] They're trained to believe that if they don't secure absolute unquestioning obedience to [49:04.200 --> 49:10.800] every order barked at a person, then they're to fear for their lives. [49:10.800 --> 49:13.240] And that seems to be exactly what they do. [49:13.240 --> 49:19.760] If you don't do exactly what you're told, the instant you're told, the first reaction [49:19.760 --> 49:24.600] the policeman has is he moves his hand toward his pistol. [49:24.600 --> 49:34.320] I had a friend who retired from a local police department and he said in 20 years as a police [49:34.320 --> 49:38.880] officer, he never once had to pull his weapon. [49:38.880 --> 49:44.200] He said there are plenty of opportunities where he could have, but they always found [49:44.200 --> 49:50.760] other ways of handling situations rather than using his pistol. [49:50.760 --> 49:56.960] Policemen the last 20 years or so have been trained to go to the pistol as a first stop [49:56.960 --> 50:03.720] resort instead of the last resort, and we need to get that fixed. [50:03.720 --> 50:09.920] And we're working on it, Scott is going to file against the officer first degree felony [50:09.920 --> 50:11.880] aggravated assault. [50:11.880 --> 50:19.920] And the reason he can do that, and actually I just filed with the Texas ranger, first [50:19.920 --> 50:31.120] degree felony aggravated assault against my local district judge, because while trying [50:31.120 --> 50:42.120] to exercise a statutory right, I was threatened with arrest by the judge and he sent a bailiff [50:42.120 --> 50:49.000] to carry out the arrest and the bailiff actually put his hand on my arm while the bailiff was [50:49.000 --> 50:52.520] prominently displaying a deadly weapon. [50:52.520 --> 51:03.480] It is my allegation that the judge threatened me with arrest by this armed bailiff for the [51:03.480 --> 51:10.040] purpose of preventing me from exercising a constitutional right. [51:10.040 --> 51:20.560] Now our legislature considered that pistol, that police officer was so prominently displayed [51:20.560 --> 51:29.040] as very serious business and they made it clear that when that officer straps that pistol [51:29.040 --> 51:39.160] on, he straps on a considerable responsibility and here's how they made it clear, 2202 B2A [51:39.160 --> 51:41.920] Texas Penal Code. [51:41.920 --> 51:52.920] If a person commits simple assault under 2201 Texas Penal Code, which is a class C misdemeanor [51:52.920 --> 51:59.440] and they are prominently displaying a deadly weapon, now simple assault is offensive language [51:59.440 --> 52:04.320] or offensive touching, does not require injury. [52:04.320 --> 52:11.440] If they commit simple assault while prominently displaying a deadly weapon, that's a felony [52:11.440 --> 52:22.080] of the second degree, unless they are a public servant acting under the color, meaning pretense [52:22.080 --> 52:29.840] of an official capacity, in which case it is a felony of the first degree. [52:29.840 --> 52:37.080] Our legislature, the legislators considered the use of that weapon by a public official [52:37.080 --> 52:41.640] to be very serious business. [52:41.640 --> 52:50.880] Now Judge Faustel, district judge in 271st District Wise County, Texas, threatened to [52:50.880 --> 52:57.360] have me arrested by a bailiff who was prominently displaying a deadly weapon. [52:57.360 --> 53:06.160] So since the bailiff was acting at the behest of the judge, the judge is responding at superior. [53:06.160 --> 53:08.780] He was acting in concert and collusion. [53:08.780 --> 53:16.600] So I filed the complaint with my local Texas ranger and Scott, I'm glad you gave me a lead [53:16.600 --> 53:21.040] into this because it was something I have been wanting to address. [53:21.040 --> 53:30.680] The Texas Rangers historically have been forbidden to investigate a public official without the [53:30.680 --> 53:37.960] express written permission of the director of the Department of Public Safety itself. [53:37.960 --> 53:51.440] Well, last year, last September, Texas government code 411 went into, was passed into law and [53:51.440 --> 53:54.480] it became effective in September. [53:54.480 --> 54:02.080] And the legislature, what that one did was took away the ability of the prosecutor attorney's [54:02.080 --> 54:07.040] public integrity unit to investigate public officials and gave that authority to the Texas [54:07.040 --> 54:08.840] Rangers. [54:08.840 --> 54:14.200] And the Texas Rangers set up a set of protocols, they were required by statute. [54:14.200 --> 54:18.600] And I questioned our local ranger about these protocols. [54:18.600 --> 54:25.480] And he said their protocol is, is that they only investigates something if they're requested [54:25.480 --> 54:29.200] to by the district attorney. [54:29.200 --> 54:34.440] And I questioned that because I read the statute and the statute didn't say that. [54:34.440 --> 54:37.960] Well, that's our protocol. [54:37.960 --> 54:44.720] And I assured him that I wanted our Texas Rangers to be more independent. [54:44.720 --> 54:51.760] And it appeared the legislature wanted our Rangers to be more independent. [54:51.760 --> 55:00.320] But the politicians in office helped craft these protocols to circumvent the statute. [55:00.320 --> 55:07.240] So I'm going to bring you a verified criminal affidavit accusing the public official of [55:07.240 --> 55:08.240] a crime. [55:08.240 --> 55:12.480] He said, well, I don't, I won't accept it because I don't care what you do. [55:12.480 --> 55:15.840] What I'm going to do is invoke your duty. [55:15.840 --> 55:24.000] And then I questioned him because the Texas administrative code that creates the Department [55:24.000 --> 55:34.920] of Public Safety designates the Department of Public Safety personnel as police officers, [55:34.920 --> 55:37.640] as opposed to peace officers. [55:37.640 --> 55:45.480] And as a police officer, the Department of Public Safety personnel can enforce the traffic [55:45.480 --> 55:48.780] code. [55:48.780 --> 55:56.000] As a now a peace officer can enforce the criminal laws, not a DPS officer. [55:56.000 --> 56:05.320] The code specifically stipulates the Department of Public Safety shall not enforce the criminal [56:05.320 --> 56:13.200] laws except at the request of and under the direction of local law enforcement. [56:13.200 --> 56:18.560] And that's because these guys were police officers, not peace officers. [56:18.560 --> 56:25.120] Now they may have a peace officer certification, but they were not employed as peace officers. [56:25.120 --> 56:30.480] You know, there are security guards who are also policemen, but when they're a security [56:30.480 --> 56:32.640] guard, they're not a policeman. [56:32.640 --> 56:37.200] Yeah, they're a certified peace officer, but they're not at that time employed in that [56:37.200 --> 56:38.200] capacity. [56:38.200 --> 56:45.960] DPS officers are not employed in the capacity of police officers, I'm sorry, of peace officers. [56:45.960 --> 56:52.920] They're employed as police officers, traffic cops, Texas Rangers, Texas Rangers are part [56:52.920 --> 56:56.020] of the Department of Public Safety. [56:56.020 --> 57:01.840] So I asked the Ranger, are you a certified peace officer within the state of Texas? [57:01.840 --> 57:04.280] He said, yes, I am. [57:04.280 --> 57:14.400] I said, are you employed in the capacity of a peace officer or in the capacity of a police [57:14.400 --> 57:15.400] officer? [57:15.400 --> 57:17.280] He said a peace officer. [57:17.280 --> 57:18.280] Okay. [57:18.280 --> 57:22.800] I'm not sure if he's right about that, but I'll accept that. [57:22.800 --> 57:28.120] So as a peace officer under 2.13 Texas Code of Criminal Procedure, he has a duty to enforce [57:28.120 --> 57:29.120] law. [57:29.120 --> 57:36.680] And when I make it known to him by a verified criminal affidavit that a crime has been committed, [57:36.680 --> 57:40.000] that invokes his duty to enforce law. [57:40.000 --> 57:43.280] So he's going to refuse to perform that duty. [57:43.280 --> 57:45.920] That works for me, Bubba. [57:45.920 --> 57:52.320] Then I go back and I filed against him for shielding from prosecution, violation of 3805 [57:52.320 --> 57:53.320] penal code. [57:53.320 --> 57:57.200] That's a felony in the state of Texas. [57:57.200 --> 57:59.520] So you don't want to do your job? [57:59.520 --> 58:01.160] Well, that's our protocol. [58:01.160 --> 58:02.480] I don't care about your protocol. [58:02.480 --> 58:04.360] You got your protocol. [58:04.360 --> 58:05.720] I got my constitution. [58:05.720 --> 58:11.600] I got my statutes and I got my ability to ensure you abide by my statutes. [58:11.600 --> 58:18.840] So I'm going to go after the Ranger and then let the Ranger make the argument that he is [58:18.840 --> 58:22.600] acting in good faith, reliance on competent authority and we'll see how far that gets [58:22.600 --> 58:23.600] it. [58:23.600 --> 58:31.960] Hang on, Randy Kelton, Wheel of Law Radio, our call in number 512-646-1984, give us a [58:31.960 --> 58:32.960] call. [58:32.960 --> 58:36.120] We're, I think we're going to top the hour break. [58:36.120 --> 58:37.920] This is our three minute break. [58:37.920 --> 58:45.400] So it's a real good time to go see our sponsors and help support this radio station and especially [58:45.400 --> 58:48.160] donate to Randy's beer fund. [58:48.160 --> 58:50.320] We'll be right back. [58:50.320 --> 58:54.480] Would you like to make more definite progress in your walk with God? [58:54.480 --> 58:59.680] Bibles for America is offering a free study Bible and a set of free Christian books that [58:59.680 --> 59:01.000] can really help. [59:01.000 --> 59:05.440] The New Testament Recovery Version is one of the most comprehensive study Bibles available [59:05.440 --> 59:06.440] today. [59:06.440 --> 59:10.360] It's an accurate translation and it contains thousands of footnotes that will help you [59:10.360 --> 59:13.480] to know God and to know the meaning of life. [59:13.480 --> 59:18.720] The free books are a three volume set called Basic Elements of the Christian Life. [59:18.720 --> 59:23.000] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan [59:23.000 --> 59:27.920] of salvation, growing in Christ and how to build up the church. [59:27.920 --> 59:32.940] To order your free New Testament Recovery Version and Basic Elements of the Christian [59:32.940 --> 59:45.720] Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102 or visit [59:45.720 --> 59:48.800] us online at bfa.org. [59:48.800 --> 01:00:02.600] Live, free speech radio, logosradionetwork.com. [01:00:02.600 --> 01:00:07.800] The following use flash is brought to you by the Lone Star Lowdown, providing your daily [01:00:07.800 --> 01:00:09.800] bulletins for the commodity market. [01:00:09.800 --> 01:00:23.160] Today in history, news updates and the inside scoop into the tides of the alternatives. [01:00:23.160 --> 01:00:28.240] Markets for Wednesday, March 2nd, 2016 are currently treading with gold at $1,240 an [01:00:28.240 --> 01:00:35.600] ounce, silver $14.98 an ounce, Texas crude $34.40 a barrel and Bitcoin is currently sitting [01:00:35.600 --> 01:00:44.240] at about $429 U.S. currency. [01:00:44.240 --> 01:00:49.240] Today in history, the year 1807, the U.S. Congress passes an act to prohibit the importation [01:00:49.240 --> 01:00:53.040] of slaves into any port or place within the jurisdiction of the United States. [01:00:53.040 --> 01:00:57.240] However, the widespread trade of slaves within the South was not prohibited since the children [01:00:57.240 --> 01:00:59.840] of slaves automatically became slaves themselves. [01:00:59.840 --> 01:01:05.460] The act prohibiting importation of slaves of 1807 went into effect January 1st, 1808. [01:01:05.460 --> 01:01:12.760] The beginning of U.S. abolition was today in history. [01:01:12.760 --> 01:01:16.640] In recent news, President Obama and First Lady Michelle Obama will both appear later [01:01:16.640 --> 01:01:18.680] this month at South by Southwest. [01:01:18.680 --> 01:01:22.440] The president is scheduled to take part in a discussion on March 11th with Evan Smith, [01:01:22.440 --> 01:01:27.400] editor of the Texas Tribune, on civic engagement and the role of innovative technology in increasing [01:01:27.400 --> 01:01:31.920] participation in politics and even solving major problems like climate change. [01:01:31.920 --> 01:01:36.200] On March 16th, the First Lady will be discussing her Let Girls Learn initiative, which aims [01:01:36.200 --> 01:01:41.540] to help an estimated 62 million girls around the world have access to basic higher education. [01:01:41.540 --> 01:01:46.080] This will make the Obamas, the First President and First Lady to appear at South by Southwest [01:01:46.080 --> 01:01:52.200] in its 30-year history. [01:01:52.200 --> 01:01:57.680] Lawyer Jose Refugio Rodriguez said today that his client, drug lord Joaquin El Chapo Guzman, [01:01:57.680 --> 01:02:01.440] said he wants to be extradited as soon as possible to the United States because guards [01:02:01.440 --> 01:02:05.120] at the Mexican maximum security prison aren't letting him sleep. [01:02:05.120 --> 01:02:09.080] Mr. Rodriguez is wanting to negotiate with the U.S. authorities for a lighter sentence [01:02:09.080 --> 01:02:11.200] in a state and medium security prison. [01:02:11.200 --> 01:02:15.640] Instead, Radio Formula reported El Chapo fears that his health will worsen because of the [01:02:15.640 --> 01:02:19.680] isolated conditions in the Mexican prison and the possibility that the lack of sleep [01:02:19.680 --> 01:02:22.040] could cause a heart attack or a stroke. [01:02:22.040 --> 01:02:30.360] The process of extradition may take up to a year. [01:02:30.360 --> 01:02:34.720] The world's biggest seller of corn and soybean seeds and the maker of Roundup weed killer [01:02:34.720 --> 01:02:37.900] Monsanto Corporation issued a profit warning today. [01:02:37.900 --> 01:02:42.600] They're forecasting a cut to the midpoint of its fiscal 2006 profit by at least 11 percent. [01:02:42.600 --> 01:02:47.680] This is after they announced laying off 3,600 employees, roughly 16 percent of its global [01:02:47.680 --> 01:02:48.680] workforce. [01:02:48.680 --> 01:02:52.780] Monsanto shares recently went down 7.5 percent and have shed a total of 29 percent during [01:02:52.780 --> 01:03:01.120] the past year, this was both roadie with your lowdown for March 2nd, 2016. [01:03:01.120 --> 01:03:30.840] Okay, we are back, Randy Kelton with our radio and when we went out we were talking about [01:03:30.840 --> 01:03:39.260] how to get the Texas Rangers in a position to where they're not under the thumb of prosecuting [01:03:39.260 --> 01:03:49.980] attorneys and while this Texas Ranger may not like the process, this is the most effective [01:03:49.980 --> 01:03:57.460] way I can see to demonstrate the problem with the issue. [01:03:57.460 --> 01:04:04.340] I live in Weiss County, Texas and I'm pretty well known around the courthouse, especially [01:04:04.340 --> 01:04:14.500] the district attorney, he knows me real well and I've already warned him that this is coming, [01:04:14.500 --> 01:04:22.360] so he will immediately recuse himself and then they'll have to appoint a prosecutor [01:04:22.360 --> 01:04:33.940] pro tem and when the prosecutor pro tem tells the Ranger not to pursue and not to investigate [01:04:33.940 --> 01:04:43.300] or file the criminal complaint, then I get to file against the prosecutor pro tem. [01:04:43.300 --> 01:04:49.580] Eventually wind up bringing this complaint to the grand jury myself and this is a great [01:04:49.580 --> 01:04:58.060] complaint to bring because I was trying to challenge the grand jury pool, now that's [01:04:58.060 --> 01:05:03.580] in the code but I've never heard of anybody doing it and when I went down to challenge [01:05:03.580 --> 01:05:09.220] the grand jury pool, the judge just impaneled the grand jury without giving me opportunity, [01:05:09.220 --> 01:05:17.500] that's what precipitated all this, seems like a minor little thing, just a minor technical [01:05:17.500 --> 01:05:19.900] little issue. [01:05:19.900 --> 01:05:29.340] Well I want to demonstrate to him how deep it gets when you start messing with one of [01:05:29.340 --> 01:05:38.460] the masters of the servants, he's the servant, I'm the master and he wants to play fast and [01:05:38.460 --> 01:05:43.140] loose with his authority, we'll see how that works out for him. [01:05:43.140 --> 01:05:50.140] Now once before I filed making a terroristic threat against him and he kind of hates me [01:05:50.140 --> 01:05:56.020] for that, well he's going to hate me even worse when we get done with this one because [01:05:56.020 --> 01:06:01.820] once I work this through the system, this is all about testing law, if we can get this [01:06:01.820 --> 01:06:10.740] to work out right, if I can get this Ranger to scream bloody murder when I come after [01:06:10.740 --> 01:06:20.900] him criminally and come after him for following policy, he is not going to be a happy camper. [01:06:20.900 --> 01:06:30.180] We may well encourage the Department of Public Safety to reset their protocols so that they [01:06:30.180 --> 01:06:34.980] don't go to the prosecuting attorney and get his permission to investigate the public official, [01:06:34.980 --> 01:06:40.980] if we can get that done, we change everything, does that make sense Scott? [01:06:40.980 --> 01:06:49.100] Oh I wholeheartedly agree, I was just, you know I heard one time, correct me if I'm wrong, [01:06:49.100 --> 01:06:58.660] that what if like 24 people came into a courtroom, isn't there a way that they can convene their [01:06:58.660 --> 01:07:01.380] own grand jury? [01:07:01.380 --> 01:07:09.220] I've heard that, but I've never found any credible substance to it. [01:07:09.220 --> 01:07:12.460] I haven't either, but I've heard it. [01:07:12.460 --> 01:07:19.340] Yeah well, you hear a lot of stuff out there and when you try to convene a grand jury, [01:07:19.340 --> 01:07:20.340] you... [01:07:20.340 --> 01:07:27.540] But the judge has the authority to set a grand jury, because I was reading up on grand juries [01:07:27.540 --> 01:07:40.380] and stuff, I mean, you know, he has the authority to set a grand jury, but he, I mean, it just, [01:07:40.380 --> 01:07:41.380] I don't know. [01:07:41.380 --> 01:07:52.620] Okay, a judge can, a district judge, consecrates the grand jury, that's what Scalia called [01:07:52.620 --> 01:07:53.620] it. [01:07:53.620 --> 01:08:01.060] It's a grand, it's a, a district judge will impanel the grand jury, but what, once that [01:08:01.060 --> 01:08:08.180] grand jury is impaneled, then the judge has nothing to do with it. [01:08:08.180 --> 01:08:16.980] They're a separate entity, Scalia called it a fourth branch of government, they are independent [01:08:16.980 --> 01:08:25.060] of the district court, they're an entity into themselves, well, prosecutors really don't [01:08:25.060 --> 01:08:31.700] like that, they would rather make the determination of whether to pursue prosecution or not. [01:08:31.700 --> 01:08:35.860] They don't like having to take this to a grand jury, because they're the ones that have to [01:08:35.860 --> 01:08:41.820] prosecute and they feel like they're the ones that should make the decision as to whether [01:08:41.820 --> 01:08:47.340] or not there's sufficient evidence to warrant a prosecution, but our legislators knew better [01:08:47.340 --> 01:08:49.140] than that. [01:08:49.140 --> 01:08:54.260] They knew that that was not the criteria that would be most important to the prosecuting [01:08:54.260 --> 01:08:57.060] attorney. [01:08:57.060 --> 01:09:05.940] They put statutory requirements in there to ensure that justice was his purpose, 2.01 [01:09:05.940 --> 01:09:11.200] Texas Code of Criminal Procedure says it shall be to do with prosecuting attorney not to [01:09:11.200 --> 01:09:18.620] secure conviction, but to ensure that justice is served, it shall not be a secret witness [01:09:18.620 --> 01:09:21.940] or evidence, it shall ensure the innocence of the accused to mitigate the guilt of the [01:09:21.940 --> 01:09:22.940] accused. [01:09:22.940 --> 01:09:27.940] Now that's paraphrasing somewhat because it's a little more long and cutting line than that, [01:09:27.940 --> 01:09:36.820] but that's just what it requires, well, however honest and conscientious the prosecutor may [01:09:36.820 --> 01:09:46.020] be, at the end of the day, he has a caseload that he has to clear. [01:09:46.020 --> 01:09:52.500] While he may want everything to be just and correct and exactly the way the law requires, [01:09:52.500 --> 01:09:57.020] he's still got this caseload that he's got to clear. [01:09:57.020 --> 01:10:03.200] So at the end of the day, what he's interested in is making a deal. [01:10:03.200 --> 01:10:10.460] So when he evaluates a case, he doesn't evaluate it based on sufficient probable cause. [01:10:10.460 --> 01:10:19.820] He evaluates it based on how difficult it's going to be for him to prosecute and how likely [01:10:19.820 --> 01:10:24.780] is it for him to be able to create a deal out of this. [01:10:24.780 --> 01:10:32.180] Do you know what the conviction, the average conviction rate in the state of Texas for [01:10:32.180 --> 01:10:36.820] all crimes across the board? [01:10:36.820 --> 01:10:42.140] The average conviction rate is probably like 95%. [01:10:42.140 --> 01:10:46.380] 99.6. [01:10:46.380 --> 01:10:48.780] That's even scarier. [01:10:48.780 --> 01:10:57.500] It rounds up to a hundred, worst police state the world has ever seen and nobody even knows. [01:10:57.500 --> 01:11:05.620] The reason is 99.6 is because everybody takes a deal and the reason everybody takes a deal [01:11:05.620 --> 01:11:11.540] is every step from arrest to trial, as presently practiced in Texas, is not only wrong, it [01:11:11.540 --> 01:11:20.140] is very specifically against particular law and if you look on jurisimprudence.com, there [01:11:20.140 --> 01:11:27.860] is a writ of habeas corpus I prepared for a kid in Conroe several years ago and that [01:11:27.860 --> 01:11:34.300] walks through the code and demonstrates the difference between the code and the practice [01:11:34.300 --> 01:11:41.460] and it shows how every step is not just against law, it's against law for a very specific [01:11:41.460 --> 01:11:44.340] reason. [01:11:44.340 --> 01:11:49.340] The practices and procedures that they used are structured the way they are to place any [01:11:49.340 --> 01:11:55.940] person accused of a crime into position such that he has no reasonable option other than [01:11:55.940 --> 01:11:58.940] to take a deal. [01:11:58.940 --> 01:12:04.620] So the prosecution wants to make a deal and that's why grand jury is in place. [01:12:04.620 --> 01:12:09.420] Grand jury don't care if he makes a deal or not, they care about whether or not there's [01:12:09.420 --> 01:12:16.500] sufficient probable cause and we need to get back to the grand jury, especially with public [01:12:16.500 --> 01:12:17.500] officials. [01:12:17.500 --> 01:12:23.140] These officials have went to great trouble to shield themselves from it and we want to [01:12:23.140 --> 01:12:24.140] break that down. [01:12:24.140 --> 01:12:25.140] Go ahead. [01:12:25.140 --> 01:12:32.780] All right, you got any more callers, but are you need to... [01:12:32.780 --> 01:12:37.740] Yeah, I've got a full board, I was just going to dump you like a hot rock. [01:12:37.740 --> 01:12:41.740] All right, tear them up, we all have fun now, good night. [01:12:41.740 --> 01:12:43.220] Okay, thank you Scott. [01:12:43.220 --> 01:12:50.700] Okay, now we're going to go to Rob in New Mexico, hello Rob, what are you up to these [01:12:50.700 --> 01:12:51.700] days? [01:12:51.700 --> 01:12:54.700] Huffing diesel fumes. [01:12:54.700 --> 01:13:00.940] Wait, say that again, miss that. [01:13:00.940 --> 01:13:03.300] I said huffing diesel fumes. [01:13:03.300 --> 01:13:05.540] Oh, okay. [01:13:05.540 --> 01:13:19.220] So how is your, oh, finally got that, diesel fumes, see Rob is a truck driver, so if he [01:13:19.220 --> 01:13:29.180] sounds kind of strange sometimes, that's because diesel fumes cause deadheading. [01:13:29.180 --> 01:13:38.220] That's one of my funny truck driver jokes in case nobody got it, oh well, okay. [01:13:38.220 --> 01:13:43.180] How is your foreclosure issue going in your suit against the lender? [01:13:43.180 --> 01:13:51.660] Well, okay, just to clarify, it's not a foreclosure or a lender, it's a two party seller finance [01:13:51.660 --> 01:13:58.060] contract, real estate contract, so there's no loan, there's no actual foreclosure, all [01:13:58.060 --> 01:14:03.780] they have to do is file the special warranty deed and a notice of default, which they have [01:14:03.780 --> 01:14:10.140] done, but they did it after I filed a notice of seller's default and they did it after [01:14:10.140 --> 01:14:17.660] I sued the second servicer under the unfair practices act. [01:14:17.660 --> 01:14:24.940] So where we're at right now is having a motion hearing coming up next Monday the 14th for [01:14:24.940 --> 01:14:31.460] a motion to dismiss from the original escrow servicer and a motion to dismiss the- [01:14:31.460 --> 01:14:36.980] Wait a minute, whose motion? [01:14:36.980 --> 01:14:44.500] The original escrow servicer filed a motion to dismiss because I sued them, I sued the [01:14:44.500 --> 01:14:51.340] original servicer, the lenders, or I'm sorry, not the lenders because they're not lenders, [01:14:51.340 --> 01:14:58.140] but the sellers, I sued the seller's real estate company and I sued the seller's son [01:14:58.140 --> 01:15:00.620] who is the broker. [01:15:00.620 --> 01:15:10.860] Okay, the motion to dismiss, is that only with the one party or is it all parties? [01:15:10.860 --> 01:15:19.260] There is the escrow servicer and its owner who I sued personally, his name is Rick Tom, [01:15:19.260 --> 01:15:24.780] so security escrow and Rick Tom, the owner of security escrow, I sued them, they filed [01:15:24.780 --> 01:15:26.580] a motion to dismiss. [01:15:26.580 --> 01:15:35.740] I sued their attorney, Peter E. Springer and his fake company real estate law associates [01:15:35.740 --> 01:15:38.700] and they filed a motion to dismiss. [01:15:38.700 --> 01:15:45.980] Now this attorney works out of the escrow company's offices, his web search for him [01:15:45.980 --> 01:15:51.660] on the internet comes up with the escrow company as a result, it's the only result you get [01:15:51.660 --> 01:15:57.540] when you search for him online, so it automatically redirects to the escrow company. [01:15:57.540 --> 01:16:02.460] So I'm claiming that he is a part of the escrow company doing escrow business, he's claiming [01:16:02.460 --> 01:16:06.180] that he's not doing escrow business if he's an attorney. [01:16:06.180 --> 01:16:14.220] Now my question on this part is that the escrow company through their attorney completely [01:16:14.220 --> 01:16:21.180] misrepresented the facts of my complaint, so I filed a motion for sanctions against [01:16:21.180 --> 01:16:24.580] them and their attorney. [01:16:24.580 --> 01:16:31.540] Now I'm wondering should I file a criminal complaint against him for perjury? [01:16:31.540 --> 01:16:42.700] Wait a minute, were you asking should you or are you going to, but hang on, let's pick [01:16:42.700 --> 01:16:47.620] this part back up, when we get back on the other side, this is Randy Kelton with Blue [01:16:47.620 --> 01:17:00.420] Wild Radio, I call that number, 512-646-1984 and we'll be right back. [01:17:00.420 --> 01:17:04.700] Did you know that the Logos Radio Network is a truly listener supported radio network [01:17:04.700 --> 01:17:09.220] on top of the on air talents, producers and other hard working individuals working behind [01:17:09.220 --> 01:17:10.220] the scenes. [01:17:10.220 --> 01:17:13.700] The Logos Radio Network is kept on the air by the generous support of listeners like [01:17:13.700 --> 01:17:18.020] you and we appreciate our loyal listeners making contributions every year on our annual [01:17:18.020 --> 01:17:22.260] fundraisers which help keep the lights on and Logos Radio Network on the air. [01:17:22.260 --> 01:17:28.060] The 2016 fundraiser has been extended to March 17th, head on over to logosradionetwork.com [01:17:28.060 --> 01:17:32.860] to make your contribution, every $25 donation enters you for a chance to win prizes from [01:17:32.860 --> 01:17:37.860] Central Texas Gunworks, first prize being a Spikes Skull Lower Receiver, second prize [01:17:37.860 --> 01:17:42.540] being a Taurus Curve and if you donate your $25 contribution early enough, you'll also [01:17:42.540 --> 01:17:47.780] receive a complimentary jar of My Magic Mud, donations by all major credit cards are accepted [01:17:47.780 --> 01:17:50.140] as well as contributions by Bitcoin. [01:17:50.140 --> 01:17:55.740] The Logos Radio Network fundraiser now through March 17th, head on over to logosradionetwork.com [01:17:55.740 --> 01:18:00.380] for more information and to donate to keep the Logos Radio Network on the air. [01:18:00.380 --> 01:18:05.060] Are you being harassed by debt collectors with phone calls, letters or even lawsuits? [01:18:05.060 --> 01:18:09.220] Stop debt collectors now with the Michael Mears Proven Method. [01:18:09.220 --> 01:18:13.540] Michael Mears has won six cases in federal court against debt collectors and now you [01:18:13.540 --> 01:18:14.860] can win too. [01:18:14.860 --> 01:18:19.380] You'll get step-by-step instructions in plain English on how to win in court using federal [01:18:19.380 --> 01:18:25.140] civil rights statutes, what to do when contacted by phone, mail or court summons, how to answer [01:18:25.140 --> 01:18:29.780] letters and phone calls, how to get debt collectors out of your credit report, how to turn the [01:18:29.780 --> 01:18:33.980] financial tables on them and make them pay you to go away. [01:18:33.980 --> 01:18:38.780] The Michael Mears Proven Method is the solution for how to stop debt collectors. [01:18:38.780 --> 01:18:41.220] Personal consultation is available as well. [01:18:41.220 --> 01:18:46.740] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner [01:18:46.740 --> 01:18:49.740] or email michaelmears at yahoo.com. [01:18:49.740 --> 01:18:58.740] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt [01:18:58.740 --> 01:18:59.740] collectors now. [01:18:59.740 --> 01:19:10.180] This is the Logos, Logos Radio Net Radio Network. [01:19:10.180 --> 01:19:21.620] Ain't gonna blame me Don't blame me [01:19:21.620 --> 01:19:36.220] Ain't gonna fool me with that same old trick again [01:19:36.220 --> 01:19:43.780] I was blindsided but now I can see your plans You put the fear in my pocket [01:19:43.780 --> 01:19:52.780] Lookin' money from my ass Ain't gonna fool me with that same old trick [01:19:52.780 --> 01:20:11.780] again Ain't gonna [01:20:11.780 --> 01:20:29.500] fool me with that same old trick again [01:20:29.500 --> 01:20:40.500] Ain't gonna fool me with that same old trick again [01:20:40.500 --> 01:20:42.500] Last part were you asking [01:20:43.100 --> 01:20:51.420] Should you file criminal charges against the officer the lawyer for perjury or did you say you or you say? [01:20:51.820 --> 01:20:53.820] Did fall concerns? [01:20:54.380 --> 01:20:56.380] I'm asking if I should [01:20:57.540 --> 01:20:59.300] Absolutely [01:20:59.300 --> 01:21:02.140] Okay, I'm about to do that to a [01:21:03.380 --> 01:21:07.100] lawyer here where I filed a quiet title action and [01:21:07.100 --> 01:21:13.300] And three months four months later. He filed a removal claiming that he wasn't served [01:21:15.500 --> 01:21:17.500] But I've got emails [01:21:18.660 --> 01:21:20.660] Showing that he was served [01:21:22.220 --> 01:21:25.100] Week after I filed a suit he called me [01:21:26.900 --> 01:21:32.380] So even if he claims that he wasn't properly served he had notice anyway [01:21:32.380 --> 01:21:40.740] And he made a lot of statements that were just absolutely untrue so I'm going to sting him good [01:21:42.220 --> 01:21:46.860] Okay, good. I'll do that now my next question is [01:21:48.740 --> 01:21:51.340] They're they're whining that I called [01:21:51.780 --> 01:21:56.460] What they say is conversion that I called it theft and they're claiming that it should be [01:21:56.460 --> 01:22:01.860] That the death claim should be dismissed for that. That's not a valid reason, right? [01:22:01.860 --> 01:22:05.900] I mean if the facts are there, it doesn't matter what I called it [01:22:06.220 --> 01:22:10.580] Right. It is what it is and the words you used up as it [01:22:11.140 --> 01:22:15.380] Make a difference. Did you claim theft as a? [01:22:16.700 --> 01:22:22.500] Wait a minute. Wait a minute. Hold on conversion you reference the term from conversion [01:22:22.500 --> 01:22:26.020] In Texas [01:22:28.020 --> 01:22:30.020] Okay, go ahead [01:22:30.780 --> 01:22:32.780] Okay in New Mexico [01:22:32.980 --> 01:22:38.500] Apparently conversion is the civil version of stealing somebody's stuff [01:22:39.100 --> 01:22:42.860] that's exactly where I was going to go because the [01:22:43.940 --> 01:22:45.860] Used to be that [01:22:45.860 --> 01:22:48.140] Stealing someone's property was conversion [01:22:48.140 --> 01:22:54.180] The real problem, but if they changed it, so now it's stealing somebody's real property is theft [01:22:54.900 --> 01:23:01.940] And the civil version is conversion. So you claimed conversion and theft or just conversion? [01:23:02.620 --> 01:23:06.180] I claim they stole my stuff and I called it [01:23:07.020 --> 01:23:13.900] They complained in their motion to dismiss that I misnamed it and that I should have called it conversion and that [01:23:13.900 --> 01:23:20.820] You know, that's one of their reasons for why my complaint should be dismissed because I didn't call it conversion. I called it theft [01:23:22.580 --> 01:23:24.580] Well [01:23:24.620 --> 01:23:26.460] The [01:23:26.460 --> 01:23:32.580] Courts, I'm sure for New Mexico is the same so I required to consider a [01:23:33.780 --> 01:23:36.780] Motion of pleading for what it is not what it's called [01:23:36.780 --> 01:23:44.860] Yeah, that's not likely to go anywhere but at worst they'll ask you to [01:23:45.940 --> 01:23:51.380] To amend the pleading and change the term theft to conversion [01:23:53.860 --> 01:24:00.100] Okay, and when they do that did you take the theft complaint straight to the DA [01:24:00.100 --> 01:24:02.100] Yeah [01:24:05.700 --> 01:24:07.700] Yeah, we can handle this bubba [01:24:08.220 --> 01:24:10.420] And never mentioned the theft [01:24:11.100 --> 01:24:16.940] Never mentioned theft again and only conversion and if they mentioned [01:24:17.420 --> 01:24:22.020] The fact that you file criminal charges against him you object and ask for sanctions [01:24:22.020 --> 01:24:30.020] That they are not allowed to use criminal to gain leverage in a civil action [01:24:30.380 --> 01:24:33.700] Okay, even if it's criminal charges against him [01:24:34.740 --> 01:24:36.980] But unlikely they'll bring it up [01:24:37.700 --> 01:24:43.380] But that's certainly what I'd like to do because I'd like to keep raising the stakes [01:24:43.380 --> 01:24:50.460] This lawyer I'm about to sting I told him that we filed suit against him [01:24:50.460 --> 01:24:53.900] But just the only reason we filed suit is so we'd find out who we talked to [01:24:54.780 --> 01:24:57.260] That we really wanted to just [01:24:58.060 --> 01:25:01.580] Work out a deal we could both live with if he had agreed to mediate [01:25:02.460 --> 01:25:07.060] Or to negotiate good faith, then don't bother answering it [01:25:07.740 --> 01:25:09.740] What he didn't answer [01:25:09.740 --> 01:25:17.820] What he didn't answer and then they didn't negotiate in good faith and then four months later. He removed it [01:25:18.860 --> 01:25:23.620] And filed this absolute boilerplate denial [01:25:25.260 --> 01:25:29.500] And what I had filed was a quiet title action [01:25:30.780 --> 01:25:35.980] Claiming rescission and he included the rescission document [01:25:35.980 --> 01:25:43.580] That we had sent him the notice of rescission and in his answer. He never once addressed his rescission [01:25:45.020 --> 01:25:47.020] So I'm going to claim his [01:25:49.180 --> 01:25:51.700] Answer is three months late [01:25:52.940 --> 01:26:01.620] And then even if it weren't three months late, it's insufficient as it fails to specifically deny the specific allegation [01:26:02.260 --> 01:26:04.260] So I'm going to ask for default judgment [01:26:04.260 --> 01:26:10.780] And then I'm going to bargain with him and ask for sanctions against him for failing to speak with Cantor to the court [01:26:11.780 --> 01:26:12.980] say [01:26:12.980 --> 01:26:17.300] You want to play hardball really who do she to the deep end of the pool? [01:26:20.540 --> 01:26:25.620] Well that goes to my next not my next question this one was further down my list [01:26:25.620 --> 01:26:31.900] But you just open the door to it the fake escrow servicer that I sued under the unfair practice of that [01:26:31.900 --> 01:26:37.900] Separately from everybody else because I have no evidence that they're involved other than their claim [01:26:39.900 --> 01:26:46.140] One of the things I cited was that they were required under the uniform commercial code to act in good faith [01:26:46.140 --> 01:26:51.340] Which in New Mexico is statute 55-1-304 [01:26:53.340 --> 01:26:59.820] They came back among other claims stating that the uniform commercial code does not apply [01:26:59.820 --> 01:27:08.220] to real property transactions that it only applies to movable goods and services [01:27:08.220 --> 01:27:15.740] And in that claim they said that because it doesn't apply that the requirement to act under good faith is inapplicable [01:27:21.260 --> 01:27:22.460] So [01:27:22.460 --> 01:27:25.340] They're not saying they didn't act in bad faith [01:27:25.340 --> 01:27:31.020] They're not saying they didn't act in bad faith. They're just saying you can't claim they [01:27:32.380 --> 01:27:34.380] acted in bad faith [01:27:36.540 --> 01:27:42.220] So we can take that as an admission of acting in bad faith, can't we I would think so [01:27:44.780 --> 01:27:52.540] And I I it's going to be in the cannons of in the bar standards that they have a duty to act in good faith [01:27:52.540 --> 01:27:54.540] Yeah [01:27:54.540 --> 01:27:59.980] Well, and uh rule 11 requires that filings be made in good faith, right? [01:28:02.940 --> 01:28:04.940] Filing fees made in good faith [01:28:06.300 --> 01:28:11.260] That filings be made in good faith that they not be done for any improper purpose [01:28:12.140 --> 01:28:13.660] Yes [01:28:13.660 --> 01:28:17.820] So I don't think they're going to get around the good faith issue that way [01:28:17.820 --> 01:28:23.340] Yeah, because there's there's more things that require that they act in good faith and just [01:28:24.940 --> 01:28:26.940] The uniform commercial code [01:28:27.420 --> 01:28:34.300] The uniform commercial code as far as I know does apply. Do you have the uniform commercial code enacted into? [01:28:35.100 --> 01:28:37.100] uh, new mexico law [01:28:37.820 --> 01:28:42.700] Yeah, it does and 55-2 which is article 2 of the ucc [01:28:42.700 --> 01:28:47.420] Specifically says that it only deals with movable sale of movable goods [01:28:49.660 --> 01:28:55.500] So it does not in new mexico, it does not apply to the sale of real estate [01:28:56.300 --> 01:29:02.220] Oh, okay, because normally there are sections in there that do specifically address real property [01:29:03.340 --> 01:29:07.180] Right, so you may not have that will be adjusted out in new mexico [01:29:07.180 --> 01:29:11.180] What we so they're saying that but since the [01:29:11.580 --> 01:29:16.460] Uniform commercial code doesn't require them to act in good faith. That that's a great [01:29:17.900 --> 01:29:20.060] I would love to get an argument like that [01:29:20.860 --> 01:29:26.220] Because I would state that their arguments there are well taken [01:29:26.860 --> 01:29:29.420] And move the court to a leave to amend [01:29:30.140 --> 01:29:32.460] To claim the lack of good faith under [01:29:32.460 --> 01:29:36.700] Bar standard or something that we'll put over there professional conduct code [01:29:37.420 --> 01:29:40.460] Hang on about to go to break randy kelton wheel well radio [01:29:41.100 --> 01:29:48.140] I call it number five one two six four six nineteen eight before give us a call. We'll keep the phone on lines open all night [01:29:48.700 --> 01:29:50.700] We'll be right back [01:29:57.580 --> 01:29:59.580] Could you find a way to do that? [01:29:59.580 --> 01:30:04.620] Could you pharmacy release your prescription information to marketers believe it or not? [01:30:04.620 --> 01:30:07.580] It's not only possible. It's probably been done. I'm dr. [01:30:07.580 --> 01:30:13.820] Catherine albrecht and i'll be back with loopholes that make it legal for companies like cbs to share your personal health information [01:30:14.780 --> 01:30:18.540] Privacy is under attack when you give up data about yourself [01:30:18.540 --> 01:30:24.540] You'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish, too [01:30:24.540 --> 01:30:30.140] So protect your rights say no to surveillance and keep your information to yourself privacy [01:30:30.620 --> 01:30:35.180] It's worth hanging on to this public service announcement is brought to you by startpage.com [01:30:35.740 --> 01:30:41.740] The private search engine alternative to google yahoo and bing start over with start page [01:30:43.260 --> 01:30:47.580] Your pharmacy may be sharing your medical information without your knowledge or consent [01:30:47.980 --> 01:30:53.020] For example, cds pharmacies are likely to disclose your personal health information to business owners [01:30:53.020 --> 01:31:00.860] Personal health information to business associates a loophole in the law allows it if parties agree to execute a contract to quote safeguard the data [01:31:01.180 --> 01:31:06.380] Business associates could range from marketers to insurance companies and while they might keep information locked up [01:31:06.460 --> 01:31:12.140] There's no telling how it might come back to bite you ask your pharmacy to disclose how it shared your previous data [01:31:12.380 --> 01:31:20.380] And requesting writing that did not be sold rented or shared and most importantly take your future prescriptions to establishments that guarantee real privacy [01:31:20.380 --> 01:31:24.880] I'm dr. Catherine Albrecht more news and information at Catherine Albrecht.com [01:31:30.460 --> 01:31:35.900] This is building seven a 47 story skyscraper that fell on the afternoon of september 11 [01:31:35.900 --> 01:31:41.340] The government says that fire brought it down. However, 1500 architects and engineers concluded [01:31:41.420 --> 01:31:45.660] It was a controlled demolition over 6 000 of my fellow service members have given their lives [01:31:45.980 --> 01:31:49.900] Thousands of my fellow first responders are dying. I'm not a conspiracy theorist [01:31:49.900 --> 01:31:54.860] I'm a structural engineer. I'm a new york city correction officer. I'm an air force pilot. I'm a father who lost his son [01:31:54.940 --> 01:32:00.300] We're americans and we deserve the truth go to remember building seven dot org today [01:32:00.700 --> 01:32:05.900] Hey, it's danny here for hill country home improvements. Did your home receive hail or wind damage from the recent storms? [01:32:06.060 --> 01:32:10.700] Come on, we all know the government caused it with their kim trails, but good luck getting them to pay for it [01:32:10.780 --> 01:32:14.140] Okay, I might be kidding about the kim trails, but i'm serious about your roof [01:32:14.140 --> 01:32:20.620] That's why you have insurance and hill country home improvements can handle the claim for you with little to no out-of-pocket expense [01:32:20.780 --> 01:32:26.300] And we accept bitcoin as a multi-year a plus member of the better business bureau with zero complaints [01:32:26.460 --> 01:32:33.180] You can trust hill country home improvements to handle your claim and your roof right the first time just call five one two [01:32:33.660 --> 01:32:40.380] Nine nine two eight seven four five or go to hill country home improvements.com mention the crypto show and get a hundred dollars off [01:32:40.380 --> 01:32:45.020] And we'll donate another hundred dollars to the logos radio network to help continue this programming [01:32:45.100 --> 01:32:51.260] So if those out-of-town roofers come knocking your door should be locking that's five one two [01:32:51.660 --> 01:32:58.540] Nine nine two eight seven four five or hill country home improvements.com discounts are based on full roof replacement [01:32:58.540 --> 01:33:00.620] May not actually be kidding about kim trails [01:33:00.620 --> 01:33:08.620] Looking for some truth you found it logos radio network.com [01:33:30.620 --> 01:33:32.620] Okay [01:33:43.820 --> 01:33:47.760] We are back brandon kelton blue law radio and we're talking to robin nexco [01:33:48.860 --> 01:33:50.540] so [01:33:50.540 --> 01:33:52.700] file criminal charges against him [01:33:54.300 --> 01:33:56.300] As a perjury and [01:33:56.300 --> 01:34:04.060] And he doesn't feel like he has a duty to to good faith. That should be wonderful. Have you looked at the [01:34:05.180 --> 01:34:08.620] new mexico bar association standards [01:34:10.300 --> 01:34:16.060] Oh, yeah filed over ten bar grievances so far in this case a little more can only [01:34:17.660 --> 01:34:22.720] Ten did you run out of eat? I've only got four attorneys [01:34:22.720 --> 01:34:24.720] It's [01:34:25.280 --> 01:34:29.200] 16 defendants in three different cases and there's only four attorneys so [01:34:32.720 --> 01:34:34.720] Well, we had uh eddie craig when [01:34:35.680 --> 01:34:39.380] When we first talked to eddie craig, he was living in nakadoshis [01:34:40.400 --> 01:34:42.400] And he would call into the show [01:34:43.280 --> 01:34:45.840] having a problem with the [01:34:48.000 --> 01:34:50.160] Sales tax [01:34:50.160 --> 01:34:51.680] and [01:34:51.680 --> 01:34:53.680] He wanted to know how to [01:34:54.720 --> 01:34:58.560] Take action and we we went through our filing criminal complaints [01:34:59.200 --> 01:35:05.200] And then a couple weeks later he called back and he said that he filed some criminal complaints. I said well, how many five? [01:35:06.460 --> 01:35:08.460] 400 and something [01:35:10.160 --> 01:35:12.000] I said [01:35:12.000 --> 01:35:16.880] Only 400 bridge. What's the problem? I ran out of ink [01:35:16.880 --> 01:35:18.880] Ink [01:35:20.800 --> 01:35:21.600] So [01:35:21.600 --> 01:35:26.080] Well, that's pretty much my problem is I did run out of paper ink. I've got that rectified now [01:35:26.160 --> 01:35:28.320] I got a new printer and hopefully it's in order [01:35:30.560 --> 01:35:36.080] If we're going to take back the system, this is the way you do it because criminal or [01:35:37.840 --> 01:35:40.740] It introduces a whole different paradigm [01:35:42.320 --> 01:35:45.040] Everything changes when you start firing criminally good [01:35:45.040 --> 01:35:50.080] stuff now, they're going to have a whole different set of issues to deal with and this is [01:35:52.320 --> 01:35:58.880] Mary krennic, I was kind of hoping she would call in tonight. We had a discussion up here. She came up here to dallas [01:35:58.880 --> 01:36:00.720] She's from austin [01:36:00.720 --> 01:36:03.360] And we were talking about filing criminal charges [01:36:04.800 --> 01:36:09.040] Generally if a pro se if an ordinary individual files criminal charges [01:36:09.040 --> 01:36:14.080] The especially against a public official [01:36:15.600 --> 01:36:22.500] They are the other public officials are going to do everything they can to shield that public official prosecution [01:36:25.040 --> 01:36:30.320] Problem yes, it's not so much that they're afraid of you [01:36:30.320 --> 01:36:38.640] You what they're afraid of is you are bringing to the table cannon fodder [01:36:39.760 --> 01:36:45.520] Cannon fodder that one of their political enemies can use against them. That's what they're afraid of [01:36:47.280 --> 01:36:49.760] That's why it's important that we do this [01:36:49.760 --> 01:37:02.240] Because if when they run for office the next time they've got to consider that their opponent will drag these criminal complaints out and shake them in front of everybody [01:37:03.280 --> 01:37:05.280] And whoever it is is going [01:37:05.760 --> 01:37:09.280] They're going to say oh, well these complaints they were all [01:37:10.300 --> 01:37:12.080] frivolous [01:37:12.080 --> 01:37:13.120] but [01:37:13.120 --> 01:37:15.120] They know that the public [01:37:15.120 --> 01:37:22.720] Will look at that and say if this guy acted bad enough that somebody had to file criminal charges against them [01:37:23.440 --> 01:37:26.400] That's a big deal. You know where the smoke is fire [01:37:27.600 --> 01:37:31.600] Whether there really is fire or not it goes to kin's four rules and [01:37:32.400 --> 01:37:36.880] The first rule is his perception is every disc [01:37:38.400 --> 01:37:42.400] So we start filing these and you know here you're filing against a lawyer [01:37:42.400 --> 01:37:47.680] Well, the lawyer knows the judges and the clerks and most all the people in the courthouse [01:37:48.400 --> 01:37:51.280] He he don't feel like they will hammer him [01:37:52.400 --> 01:37:55.040] But he also knows there's nothing to keep them from it [01:37:56.560 --> 01:38:03.040] And if this scoundrel cross drives her wives up getting these complaints in front of a grand jury [01:38:03.680 --> 01:38:05.680] These guys could end my career [01:38:06.560 --> 01:38:08.560] They could cost me my bar card [01:38:08.560 --> 01:38:10.560] Maybe even put me in jail [01:38:11.840 --> 01:38:13.120] So [01:38:13.120 --> 01:38:16.320] In the end, this is a big deal. We need to do more of it [01:38:18.320 --> 01:38:20.640] Not not to get someone indicted [01:38:22.560 --> 01:38:26.880] But to give them a reason not to do anything that could get indicted [01:38:28.080 --> 01:38:29.360] so [01:38:29.360 --> 01:38:32.880] When you file these criminal charges, Rob, you have to [01:38:34.160 --> 01:38:36.160] exercise self-discipline [01:38:36.160 --> 01:38:39.920] You cannot allow yourself to enjoy it too much [01:38:43.120 --> 01:38:45.120] That's just wrong [01:38:45.440 --> 01:38:52.800] You have to feel bad and and morose because you you're forced to file these criminal charges [01:38:54.640 --> 01:39:01.440] Well, my father used to say oh boy, this is hurting me more than it is you not thinking [01:39:01.440 --> 01:39:07.120] Oh boy, this is hurting me more than it is you not thinking no, it's not [01:39:09.680 --> 01:39:11.120] Anyway [01:39:11.120 --> 01:39:14.880] Okay, so so what's your situation now? [01:39:16.080 --> 01:39:18.080] What are you looking at in your future? [01:39:19.360 --> 01:39:25.040] Now while we're on this, um, I have a federal case under fd cpa against an attorney [01:39:25.360 --> 01:39:28.640] Timothy b steiter and his law firm steiter and associates [01:39:28.640 --> 01:39:33.520] Um for failing to validate a debt and continuing collection and all that stuff [01:39:34.160 --> 01:39:36.160] um [01:39:36.240 --> 01:39:43.360] In exercising due diligence and doing my research I found out that the fake escrow servicer [01:39:45.360 --> 01:39:50.240] Operates out of the same office as this attorney in his law firm [01:39:51.760 --> 01:39:53.360] and [01:39:53.360 --> 01:39:58.560] When they filed their when the fake escrow servicer filed their motion for summary judgment [01:39:59.520 --> 01:40:03.040] They included with it an affidavit from their [01:40:03.900 --> 01:40:05.900] ceo [01:40:06.080 --> 01:40:09.760] Admitting that they obtained the account when it was in default [01:40:12.320 --> 01:40:19.360] So I had to amend my fd cpa complaint and add the fake escrow servicer and the [01:40:19.360 --> 01:40:22.740] the ceo and its officers [01:40:23.540 --> 01:40:29.060] Um turns out one of the officers of the fake escrow servicer is a fellow named kim steiter [01:40:29.780 --> 01:40:36.580] Now I don't know for a fact that kim steiter is kimothy d steiter of steiter and associates who I already sued [01:40:37.540 --> 01:40:42.660] But i'm guessing that since they operate out of the same office, there's probably a pretty good chance. It's the same guy [01:40:44.100 --> 01:40:46.100] Oh my goodness [01:40:46.100 --> 01:40:49.540] If he is an officer in the company [01:40:51.620 --> 01:40:53.620] He can't represent the company [01:40:54.900 --> 01:41:01.380] Oh, he's he's not representing them in court. He was just acting as a debt collector after I sent them a validation letter [01:41:02.100 --> 01:41:08.660] I sent the fake escrow servicer a validation letter and asked them to produce a full accounting and the original documents [01:41:09.460 --> 01:41:12.900] They ignored it and I started getting letters from this debt collector attorney [01:41:12.900 --> 01:41:14.900] So I sued him [01:41:15.540 --> 01:41:17.540] So I sued him [01:41:18.100 --> 01:41:24.340] And I sued them separately under the unfair practices act not realizing that he was part of the same company [01:41:28.180 --> 01:41:32.980] So you will amend to name him in the unfair practices act action [01:41:34.660 --> 01:41:36.580] Um, well, yeah, I haven't done that yet [01:41:36.580 --> 01:41:43.860] But I did amend the fdcpa complaint to name the escrow servicer that admitted obtaining the account when it was in default [01:41:44.340 --> 01:41:46.340] Okay, be very careful [01:41:47.540 --> 01:41:49.860] You can get the whole thing tossed [01:41:50.900 --> 01:41:53.080] For failure to name an interested party [01:41:57.380 --> 01:41:59.380] I'm not sure [01:41:59.380 --> 01:42:03.080] Naming the interested party as a plaintiff, uh leslie in pennsylvania [01:42:04.180 --> 01:42:06.180] Took on a foreclosure issue [01:42:06.180 --> 01:42:10.260] And the mortgage which was in her and her husband's name [01:42:11.380 --> 01:42:15.380] She fought this for four or five years and the judge threw it out [01:42:16.660 --> 01:42:23.140] For failure to name in a necessary party, which was her husband who was on the due to trust. So [01:42:25.460 --> 01:42:30.500] Depending on what relationship this guy has he may or may not be a necessary party [01:42:30.500 --> 01:42:36.260] Artist it's sure it's sure worth refiling to name him [01:42:36.660 --> 01:42:43.860] Have you done any discovery to determine his relationship? I just sent it off. I just sent it off [01:42:44.260 --> 01:42:51.300] Um the federal case is I have not done any discovery yet. Everybody in my state cases has been [01:42:51.860 --> 01:42:53.540] Hit with discovery now [01:42:53.540 --> 01:42:55.540] Um cops counting on that [01:42:55.620 --> 01:42:59.460] Um, their deadline is not up yet, but the uh the deadline [01:42:59.460 --> 01:43:01.460] The folks moving to dismiss [01:43:01.700 --> 01:43:08.100] In my state case their deadline for discovery comes before the motion hearing. So we'll see what they show up with [01:43:08.580 --> 01:43:14.980] Oh wonderful. So if they don't bring the discovery before the hearing then you move for an abatement [01:43:15.780 --> 01:43:19.700] Yeah, you abate the hearing until they come up with the discovery good [01:43:20.340 --> 01:43:21.380] Yeah [01:43:21.380 --> 01:43:24.500] Now going on with my fb cpa case [01:43:24.500 --> 01:43:31.060] The deadline for the original defendants to respond [01:43:31.860 --> 01:43:33.860] Was february 19th [01:43:34.100 --> 01:43:36.100] And I hear the music [01:43:40.100 --> 01:43:42.100] Don't fall off the edge [01:43:43.540 --> 01:43:45.140] Randy [01:43:45.140 --> 01:43:48.260] Oh, somebody muted my mic again. Okay [01:43:49.300 --> 01:43:52.660] Uh, hang on. We'll be right back randy kelton roova radio [01:43:52.660 --> 01:43:57.860] I'll call it number 5126461984. We'll be right back [01:44:00.020 --> 01:44:03.620] You feel tired when talking about important topics like money and politics [01:44:04.180 --> 01:44:07.380] Are you confused by words like the constitution or the federal reserve? [01:44:07.940 --> 01:44:12.280] If so, you may be diagnosed with the deadliest disease known today stupidity [01:44:12.740 --> 01:44:18.820] Hi, my name is steve holt and like millions of other americans. I was diagnosed with stupidity at an early age [01:44:18.820 --> 01:44:24.740] I had no idea that the number one cause of the disease is found in almost every home in america the television [01:44:25.360 --> 01:44:28.660] Unfortunately, that puts most americans at risk of catching stupidity [01:44:28.740 --> 01:44:34.580] But there is hope the staff at brave new books have helped me and thousands of other foxaholics suffering from sports [01:44:34.800 --> 01:44:42.520] Zombieism recover and because of brave new books. I now enjoy reading and watching educational documentaries without feeling tired or uninterested [01:44:42.980 --> 01:44:47.700] So if you or anybody, you know suffers from stupidity, then you need to call 512 [01:44:47.700 --> 01:44:49.300] 480 [01:44:49.300 --> 01:44:57.060] 2503 or visit them in 1904 guadalupe or brave new bookstore dot com side effects from using brave new books products may include discernment in [01:44:57.060 --> 01:44:59.560] enlarged vocabulary and an overall increase in mental functioning [01:45:01.000 --> 01:45:03.480] Are you the plaintiff or defendant in a lawsuit? [01:45:04.120 --> 01:45:10.760] Win your case without an attorney with jurisdictionary the affordable easy to understand 4 cd course [01:45:11.000 --> 01:45:14.760] That will show you how in 24 hours step by step [01:45:14.760 --> 01:45:21.960] If you have a lawyer know what your lawyer should be doing if you don't have a lawyer know what you should do for yourself [01:45:23.120 --> 01:45:27.340] Thousands have won with our step-by-step course and now you can too [01:45:28.320 --> 01:45:33.800] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience [01:45:34.320 --> 01:45:42.840] 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 [01:45:42.840 --> 01:45:46.880] You'll receive our audio classroom video seminar tutorials [01:45:47.760 --> 01:45:49.600] forms for civil cases [01:45:49.600 --> 01:45:51.600] Pro se tactics and much more [01:45:52.040 --> 01:45:57.560] Please visit rule of law radio.com and click on the banner or call toll free [01:45:57.560 --> 01:46:15.040] eight six six long easy [01:46:27.680 --> 01:46:29.680] We are back [01:46:32.720 --> 01:46:34.720] Okay, Rob, so [01:46:35.360 --> 01:46:37.800] Okay, what else you have for next? [01:46:38.680 --> 01:46:42.240] Okay, next question the federal case the FD CPA [01:46:43.920 --> 01:46:47.240] First party the debt collector attorney in his law firm [01:46:48.560 --> 01:46:52.600] They have not answered their time to answer was the 19th [01:46:52.600 --> 01:46:59.960] Question does filing the amended complaint adding defendants affect that time to answer. Yeah, or [01:47:00.920 --> 01:47:03.360] People don't do anything if you don't have an answer [01:47:04.680 --> 01:47:06.680] Don't do anything [01:47:06.920 --> 01:47:08.920] You have proof of service [01:47:10.120 --> 01:47:12.120] Yes, I do [01:47:12.280 --> 01:47:15.800] Perfect then file a motion for default doesn't [01:47:17.040 --> 01:47:19.040] No answer default [01:47:19.040 --> 01:47:26.400] Okay, so that that amended complaint doesn't affect the original service of the original defendant. Wait a minute. Did you yes? [01:47:27.440 --> 01:47:29.840] Did you file an amended complaint? I? [01:47:30.800 --> 01:47:32.800] had to [01:47:33.360 --> 01:47:39.160] My okay my time to make me leave was 20 days after service so [01:47:41.000 --> 01:47:43.000] Wait, otherwise [01:47:43.160 --> 01:47:45.520] Otherwise, I would have to get leave from the defendants [01:47:46.240 --> 01:47:47.720] Okay, so [01:47:47.720 --> 01:47:52.800] You you filed an amended point complaint within the 20-day time period [01:47:53.920 --> 01:47:56.080] Yeah, they got it on the last day [01:47:57.040 --> 01:47:59.560] so have they do they have [01:48:00.960 --> 01:48:04.240] Has there been 20 days after they received the amended? [01:48:05.440 --> 01:48:09.400] No, not yet. In fact, okay parties have not been yet [01:48:09.400 --> 01:48:14.840] I just got the I just got the service back from the court a couple days ago [01:48:14.840 --> 01:48:18.120] So I need to get them served on Monday. Yeah [01:48:18.960 --> 01:48:22.240] If you haven't served them yet, you might want to nuns to [01:48:23.440 --> 01:48:29.040] That's really mucked up the works if they have hadn't filed. You should have filed a [01:48:29.880 --> 01:48:31.880] motion for default judgment [01:48:32.320 --> 01:48:34.320] But no answer default [01:48:37.280 --> 01:48:40.320] You might have screwed that up so [01:48:40.320 --> 01:48:44.240] Oh, don't I might I probably should have sued the other guys separately [01:48:46.160 --> 01:48:48.160] Yeah [01:48:48.160 --> 01:48:55.040] So you might want to wait and see if you get them served and then give them the time and see if they respond to this one [01:48:56.320 --> 01:49:03.440] Okay, because they might have it might have just fell through the cracks and your amended complaint might have bailed them out [01:49:05.120 --> 01:49:08.680] Yeah, well, I'm thinking he probably looked at it and it was you know [01:49:08.680 --> 01:49:15.200] Very small FDCPA complaint. He's like, this isn't worth fighting not realizing the actual damages part [01:49:15.520 --> 01:49:18.480] because this is the same guy that filed the [01:49:19.200 --> 01:49:23.000] Notice of default and special warranty deed into the county records [01:49:23.960 --> 01:49:28.680] So he is directly directly responsible for any damages I suffer [01:49:31.000 --> 01:49:34.680] Okay, well, maybe maybe he won't answer the amended either [01:49:36.040 --> 01:49:37.040] Yeah [01:49:37.040 --> 01:49:38.760] Yeah [01:49:38.760 --> 01:49:40.760] Okay, so just now my [01:49:41.760 --> 01:49:43.760] Don't make don't make a peep [01:49:45.480 --> 01:49:48.680] Be real quiet, maybe this is gonna fall through the cracks [01:49:50.080 --> 01:49:54.800] Okay. Well, and then I got I got a call from an attorney on the 24th [01:49:56.080 --> 01:49:58.600] Claiming that he's the attorney representing this guy [01:50:00.800 --> 01:50:04.960] He left a voicemail I didn't get a chance to answer the call I haven't called it back yet [01:50:04.960 --> 01:50:08.520] And I frequently don't get calls because my service drops out [01:50:09.800 --> 01:50:11.800] Okay, it's a suggestion [01:50:12.360 --> 01:50:17.520] If you talk to him on the phone give him your email address and nothing else [01:50:19.320 --> 01:50:25.360] I haven't talked to him yet. He hasn't filed a picture and hasn't filed a notice of appearance [01:50:25.880 --> 01:50:33.560] Yeah, okay. So if you talk to a lawyer, make sure the only thing you talk up to him about is your email address [01:50:33.560 --> 01:50:37.880] Because they would absolutely lie about what's said on the phone [01:50:39.000 --> 01:50:41.000] Yeah [01:50:42.200 --> 01:50:44.200] Okay, do you have anything else for us [01:50:45.080 --> 01:50:52.920] One more I have a motion for judgment on the pleadings from the real estate broker and the real estate agency [01:50:53.720 --> 01:50:59.960] The realty company that I sue now. This is company is co-owned by the seller [01:50:59.960 --> 01:51:02.840] With her son. Her son is the broker [01:51:03.560 --> 01:51:11.240] They have separate attorneys the two sellers the husband and wife have an attorney and then the broker and real estate company have a different attorney [01:51:11.720 --> 01:51:17.560] So they filed the real estate broker and the real estate company filed a motion for judgment on the pleadings [01:51:18.280 --> 01:51:20.280] now [01:51:21.000 --> 01:51:23.960] Would the broker and the company be in any way [01:51:23.960 --> 01:51:29.880] Liable for the breach of contract if the seller hold on hold on motion on the [01:51:30.360 --> 01:51:34.120] Files of judgment on the pleadings. Have you been to discovery yet? [01:51:35.560 --> 01:51:37.000] No [01:51:37.000 --> 01:51:39.000] Then you should object to the motion [01:51:39.640 --> 01:51:42.440] Because uh until discovery has been completed [01:51:43.960 --> 01:51:45.960] Okay, okay [01:51:45.960 --> 01:51:47.400] Good deal [01:51:47.400 --> 01:51:50.200] All right. Well, I guess that they're trying to short-circuit the system [01:51:50.200 --> 01:51:55.240] Okay, that that solves my other questions then because the other ones had to do with the judgment on the pleadings [01:51:55.240 --> 01:51:57.960] And if that's the case, then I don't need to ask those yet [01:51:58.520 --> 01:51:59.720] I'm done [01:51:59.720 --> 01:52:01.720] Okay. Thank you [01:52:01.720 --> 01:52:03.720] One more. Go snort some diesel [01:52:07.480 --> 01:52:13.080] Okay, thank you rob now we're going to go to mark in texas hello mark [01:52:13.080 --> 01:52:19.640] Hi randy, good evening. I've got something kind of relevant there. Um, I wanted to ask you first relative to [01:52:20.440 --> 01:52:22.440] FDCPA issues [01:52:22.840 --> 01:52:25.640] Is it possible that there might actually be? [01:52:26.200 --> 01:52:31.400] Pre-litigation discovery that's done and you can use the federal court to compel that discovery [01:52:32.280 --> 01:52:36.440] Yes, but the federal court for the most part. It only allows [01:52:36.440 --> 01:52:42.440] depositions [01:52:46.520 --> 01:52:52.200] Unlike texas texas is different in every other state. It allows all kinds of this pre-litigation discovery [01:52:52.200 --> 01:52:56.520] But in the federal court, I think it's rule 72. I'm not sure [01:52:56.520 --> 01:53:05.640] But it only allows us for to take it to take depositions, but depositions are a great way to intimidate the other side [01:53:07.000 --> 01:53:09.400] So yes, you can get pre-litigation discovery [01:53:11.240 --> 01:53:12.200] Yeah [01:53:12.200 --> 01:53:15.720] Well, I would I would love to to be able to do that [01:53:16.440 --> 01:53:19.240] Um, I've I have an FDCPA suit [01:53:19.880 --> 01:53:23.080] I've been looking like mad trying to find [01:53:23.080 --> 01:53:28.440] An attorney who could help me file that I found one guy that I love but it turns out [01:53:28.920 --> 01:53:36.200] He actually works for the banksters in another state and uh, he told me he didn't think that he would be able to do that [01:53:37.000 --> 01:53:39.960] But he was very very straight shooter [01:53:40.760 --> 01:53:41.960] um [01:53:41.960 --> 01:53:44.200] anyway, kind of an irony, but um [01:53:45.000 --> 01:53:51.320] With respect to um to this this is very interesting in that I've spoken to maybe five to ten people [01:53:51.320 --> 01:53:52.920] five to ten people [01:53:52.920 --> 01:53:54.040] and um [01:53:54.040 --> 01:54:00.280] They seem to have this this issue with the idea that I want to file an FDCPA suit [01:54:00.920 --> 01:54:02.420] against a [01:54:02.420 --> 01:54:03.640] servicer [01:54:03.640 --> 01:54:07.960] That filed a essentially a fraudulent transfer [01:54:08.600 --> 01:54:12.760] That seemed to give the plaintiff in a in a case that that came about [01:54:13.400 --> 01:54:19.560] Uh standing to bring that suit. I mean it doesn't seem to give them that but it's it's I think that's why they filed that [01:54:19.560 --> 01:54:21.400] that uh [01:54:21.400 --> 01:54:24.040] Assignment when they don't otherwise have to do it at all [01:54:24.840 --> 01:54:26.600] and um [01:54:26.600 --> 01:54:28.440] I'm just very curious [01:54:28.440 --> 01:54:33.640] To get your thoughts on on this idea. There's a there's a servicer that that filed this [01:54:34.580 --> 01:54:36.580] fraudulent transfer in 2013 [01:54:37.640 --> 01:54:39.640] this servicer, um [01:54:40.040 --> 01:54:43.420] Basically a week later. I end up getting a suit for foreclosure [01:54:43.420 --> 01:54:50.780] And um that lasts for a couple years during this time this servicer sent me letters [01:54:50.940 --> 01:54:55.340] They would regularly send me letters as I understand it with respect to FDCPA [01:54:55.580 --> 01:55:02.140] Their there's case law would suggest that if it's a time bar debt, they're supposed to at least notify you of that [01:55:02.540 --> 01:55:08.860] They're definitely not supposed to threaten to to sue you over a time bar debt because they can't do that [01:55:09.500 --> 01:55:11.500] That that comes under [01:55:11.500 --> 01:55:17.180] The 50 in u.s. Code 1692e I believe [01:55:20.380 --> 01:55:22.380] That's part of the FDCPA [01:55:22.460 --> 01:55:25.820] 10 pages of information right or 10 pages of it [01:55:26.380 --> 01:55:28.380] That's turned into collection practices act, right? [01:55:29.180 --> 01:55:31.180] Yes under [01:55:31.240 --> 01:55:33.240] 1692e [01:55:33.500 --> 01:55:35.500] They're forbidden to [01:55:35.500 --> 01:55:41.660] It's threatened to take an action. They do not intend to take or [01:55:42.380 --> 01:55:44.380] Don't have the authority to take [01:55:46.140 --> 01:55:46.940] Yeah [01:55:46.940 --> 01:55:50.540] Now i'm going to ask you about about this and just get your take [01:55:51.180 --> 01:55:56.700] uh the servicer is not the party that brought the lawsuit and [01:55:57.740 --> 01:56:03.100] But but yet they're talking about it and in the subsequent letters I have something which says [01:56:03.100 --> 01:56:06.620] Uh in in the same letter I have something which says it's [01:56:07.180 --> 01:56:08.700] in litigation [01:56:08.700 --> 01:56:14.060] and then on and this letter the way they would would do this because they of course want people to [01:56:14.620 --> 01:56:20.700] Be aware and be responsible if there's something on in the letter that says as of x date [01:56:21.260 --> 01:56:23.260] Your your loan is now [01:56:23.820 --> 01:56:29.500] Uh something like three thousand six hundred days past due altogether if you add it up it [01:56:29.500 --> 01:56:35.100] it ends up coming to somewhere in the realm of about seven years and and it literally [01:56:35.820 --> 01:56:42.860] Shows it literally, you know dams them with respect to the idea that that this is something which was filed [01:56:43.420 --> 01:56:45.420] past the statute of limitations [01:56:46.140 --> 01:56:47.340] so [01:56:47.340 --> 01:56:48.380] um [01:56:48.380 --> 01:56:53.260] It's it's it's an interesting matter. I think we could definitely say [01:56:53.260 --> 01:56:58.860] Um that these letters which are within the statute of limitations reveal [01:56:59.500 --> 01:57:03.580] That this lawsuit shouldn't have been filed based on that [01:57:04.140 --> 01:57:06.380] and these uh these letters also [01:57:06.860 --> 01:57:13.180] Reveal that they have taken an action which they didn't have capacity to take, you know based on this [01:57:13.740 --> 01:57:18.380] clear-cut five-year statute of limitations and that's a little bit false and misleading [01:57:19.180 --> 01:57:21.260] and um [01:57:21.260 --> 01:57:24.060] Anyway, but where I was going with it is I wanted to ask you [01:57:25.020 --> 01:57:25.900] is [01:57:25.900 --> 01:57:27.900] Is there a situation here where? [01:57:28.620 --> 01:57:29.820] let's say [01:57:29.820 --> 01:57:31.820] You know the servicer is a [01:57:32.380 --> 01:57:34.620] um the plaintiff in the case is b [01:57:35.340 --> 01:57:38.380] plaintiff in the case b files the suit [01:57:39.260 --> 01:57:41.820] I question the assignment [01:57:42.540 --> 01:57:44.540] In my original response [01:57:45.420 --> 01:57:47.420] Plaintiff is b [01:57:47.420 --> 01:57:52.300] How did plaintiff establish stamp it? [01:57:53.900 --> 01:57:55.820] um [01:57:55.820 --> 01:57:57.820] Oh, it's an interesting question [01:57:58.540 --> 01:58:00.540] Who is plaintiff? [01:58:01.180 --> 01:58:05.740] Who is plaintiff relative to the mortgage contract? [01:58:07.980 --> 01:58:09.980] So, okay, we're about to go to [01:58:10.220 --> 01:58:12.220] Top of the hour break. This is [01:58:12.220 --> 01:58:17.660] Randy Kelton view of our radio. I call it number five one two six four six nineteen eighty four [01:58:18.060 --> 01:58:23.500] We have a full call call board and things tend to pick up toward the end of the show. So [01:58:24.620 --> 01:58:26.860] If you try to call in you can't get through [01:58:27.500 --> 01:58:30.700] It's because our board will only hold four calls at a time [01:58:31.340 --> 01:58:35.100] We've got those four calls as soon as someone drops off if you want to call in [01:58:36.220 --> 01:58:38.300] They'd call in then and we'll get on for it [01:58:38.300 --> 01:58:41.420] Well, okay, this is ready to help read our radio [01:58:42.140 --> 01:58:45.340] Call in number. It's five one two six four six nineteen eighty four [01:58:45.980 --> 01:58:47.980] We'll be right back [01:58:50.220 --> 01:58:53.340] The bible remains the most popular book in the world [01:58:53.900 --> 01:58:57.580] Yet countless readers are frustrated because they struggle to understand it [01:58:58.300 --> 01:59:05.900] Some new translations try to help by simplifying the text but in the process can compromise the profound meaning of the scripture [01:59:05.900 --> 01:59:07.900] Enter the recovery version [01:59:08.300 --> 01:59:16.380] First this new translation is extremely faithful and accurate, but the real story is the more than nine thousand explanatory footnotes [01:59:17.180 --> 01:59:20.860] Difficult and profound passages are opened up in a marvelous way [01:59:21.340 --> 01:59:26.140] Providing an entrance into the riches of the word beyond which you've ever experienced before [01:59:26.940 --> 01:59:31.500] Bibles for america would like to give you a free recovery version simply for the asking [01:59:31.500 --> 01:59:37.260] This comprehensive yet compact study bible is yours. Just by calling us toll-free at [01:59:37.820 --> 01:59:45.740] one eight eight eight five five one zero one zero two or by ordering online at free study bible.com [01:59:46.380 --> 01:59:48.380] That's free study bible.com [01:59:48.380 --> 02:00:00.780] Free study bible.com you are listening to the logos radio network logos radio network.com