[00:00.000 --> 00:07.760]  The following use flash is brought to you by the Lone Star Lowdown, providing the jelly
[00:07.760 --> 00:09.960]  bulletins for the commodities market.
[00:09.960 --> 00:23.280]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:23.280 --> 00:30.080]  Stocks for Friday the 13th of May 2016 are currently treading with gold at $1272.40 an
[00:30.080 --> 00:37.040]  ounce, silver $17.10 an ounce, Texas crude $46.70 a barrel, and Bitcoin is currently
[00:37.040 --> 00:46.240]  sitting at about 457 U.S. currency.
[00:46.240 --> 00:52.120]  Today in history, the year 609, Pope Boniface I turns the pantheon in Rome into a Catholic
[00:52.120 --> 00:53.120]  church.
[00:53.120 --> 00:55.920]  This was given to the Pope by the Byzantine Emperor, Phocas.
[00:55.920 --> 00:59.920]  Pope Boniface then ordered that the church should, quote, be made to the Holy Virgin
[00:59.920 --> 01:04.880]  Mary and to all the martyrs, so that the commemoration of saints would take place henceforth where
[01:04.880 --> 01:14.240]  not gods but demons were formally worshiped, the rebranding of the pantheon today in history.
[01:14.240 --> 01:18.200]  In recent news, the Obama administration suggested today that poet schools across the United
[01:18.200 --> 01:22.320]  States let transgender students use the bathroom and locker rooms that corresponds to their
[01:22.320 --> 01:23.520]  gender identity.
[01:23.520 --> 01:27.240]  The statement issued just days after the Justice Department and North Carolina mutually sued
[01:27.240 --> 01:31.200]  each other over their state law requiring transgender individuals to use the public
[01:31.200 --> 01:34.800]  bathroom that corresponds to the gender on their birth certificate.
[01:34.800 --> 01:37.760]  And though this push from the White House is not legally binding, since this issue has
[01:37.760 --> 01:42.040]  not yet been definitively answered by the courts, schools that refuse to comply could
[01:42.040 --> 01:46.680]  potentially be hit with a civil rights lawsuit from the government and even face a cutoff
[01:46.680 --> 01:49.040]  of federal aid to education.
[01:49.040 --> 01:52.560]  Texas' Lieutenant Governor, Republican Dan Patrick, said that the states prepared to
[01:52.560 --> 01:57.000]  forfeit billions rather than to let the Obama administration dictate restroom policy for
[01:57.000 --> 01:59.120]  its 5.2 million students.
[01:59.120 --> 02:02.760]  Many other governors and state legislators have voiced similar concerns, calling this
[02:02.760 --> 02:10.240]  a blatant overreach of executive powers.
[02:10.240 --> 02:15.160]  At BMW's annual shareholder meeting yesterday, BMW chairman of the board, Harold Krueger,
[02:15.160 --> 02:20.440]  detailed BMW's NEXT innovative flagship, iNEXT, an autonomous, intelligent, lightweight
[02:20.440 --> 02:26.640]  electric car, a combination of BMW's electrified i-brand and the Vision NEXT 100 concept car
[02:26.640 --> 02:30.000]  that debuted with the company's 100th year birthday.
[02:30.000 --> 02:34.680]  This sci-fi ride will be BMW's answer to the growing number of high-tech, luxurious electric
[02:34.680 --> 02:42.200]  vehicles running up as the major challenger to Tesla.
[02:42.200 --> 02:46.080]  The Lowstar Lowdown is privileged and for sponsors, either product or a service judge
[02:46.080 --> 02:53.000]  to advertise with us, feel free to give me a call at 210-363-2257, it's been Rick Roady
[02:53.000 --> 03:22.480]  with your Lowdown for May 13th, 2016.
[03:53.000 --> 04:21.560]  Okay, howdy howdy, this is Randy Kelton, that pack on this Friday the 13th, May 13th, 2016.
[04:21.560 --> 04:26.120]  I don't know if Fridays are supposed to be bad luck or not, but I've had pretty good
[04:26.120 --> 04:33.880]  luck here lately and this Friday hasn't hampered it much, except for, that's there in the background
[04:33.880 --> 04:39.480]  and she's having a little technical difficulty, we can hear her, she can't quite hear us yet,
[04:39.480 --> 04:43.080]  but we should have that up here shortly.
[04:43.080 --> 04:52.200]  I'm going to start out going through another section on the e-book that I'm working on.
[04:52.200 --> 05:00.200]  In doing the show that I've been doing for several years and addressing issues people
[05:00.200 --> 05:10.240]  have, there are some truths and understandings that have worked themselves out from between
[05:10.240 --> 05:16.640]  the cracks and these are the things that for the most part you're not taught in civics
[05:16.640 --> 05:17.640]  class.
[05:17.640 --> 05:30.720]  I keep getting reminded of that passage from, I think it's Kodachrome by Paul and Simon
[05:30.720 --> 05:38.160]  and Garfunkel, where he says, after all the crap I've learned in high school, it's a wonder
[05:38.160 --> 05:44.840]  I can think at all, well, if you pay attention to what they tell you in civics class about
[05:44.840 --> 05:51.520]  all these great and wonderful rights you have, they give you the impression that these great
[05:51.520 --> 05:58.800]  and wonderful rights are just automatic and everybody out there is there for the purpose
[05:58.800 --> 06:02.360]  of protecting and securing your rights for you.
[06:02.360 --> 06:11.360]  Forget about that because, and we all know that because we spend 12 years in a government
[06:11.360 --> 06:14.600]  mandated school system.
[06:14.600 --> 06:16.480]  We don't choose it.
[06:16.480 --> 06:25.560]  We are required by our government to experience it and while we're experiencing this government
[06:25.560 --> 06:32.360]  mandated school system, we're told about all the great and wonderful rights that we have.
[06:32.360 --> 06:40.880]  But at the same time, it is made very clear to us, don't you even imagine trying to exert
[06:40.880 --> 06:47.560]  those rights while you're in this school because if you do that, the whole way of the system
[06:47.560 --> 06:51.520]  will land right square on your head.
[06:51.520 --> 06:58.520]  So we put our children through 12 years of government mandated school system and then
[06:58.520 --> 07:02.640]  we let them out here in the real world.
[07:02.640 --> 07:12.080]  And for the most part, people don't have anything to do with the public officials anymore until
[07:12.080 --> 07:20.520]  or if or until they wind up being subjected to our courts, either criminal or civil.
[07:20.520 --> 07:26.320]  And the first time someone's drug into court or the first time someone files a suit in
[07:26.320 --> 07:31.480]  court, they will get a whole new education.
[07:31.480 --> 07:37.920]  And for the most part, they will have no clue as to what's coming at them.
[07:37.920 --> 07:45.480]  And most people feel frightened, intimidated and betrayed.
[07:45.480 --> 07:56.800]  And these three combinations can cause people to want to avoid these systems at all costs.
[07:56.800 --> 08:02.800]  That's part of the reason our public officials in the criminal justice system has been able
[08:02.800 --> 08:13.880]  to achieve a 99.6% conviction rate.
[08:13.880 --> 08:21.000]  Nobody takes the deal because the system has been designed to force you into a position
[08:21.000 --> 08:28.800]  of where a reasonable person of ordinary prudence has no reasonable option other than to take
[08:28.800 --> 08:31.360]  the deal.
[08:31.360 --> 08:34.200]  And civil is not much better.
[08:34.200 --> 08:40.960]  We expect these judges to be fair and just.
[08:40.960 --> 08:47.040]  And that is just absolutely wrong headed.
[08:47.040 --> 08:53.360]  From the very beginning, our expectations are just simply wrong.
[08:53.360 --> 09:01.120]  And last week, I talked about I started out talking about some of the common fallacies
[09:01.120 --> 09:03.080]  and I won't go into those this week.
[09:03.080 --> 09:06.160]  I may do that again in another week or so.
[09:06.160 --> 09:14.760]  But here I'm going to talk about stuff that don't teach in law school or in high school
[09:14.760 --> 09:17.840]  civics class.
[09:17.840 --> 09:27.560]  And to start with, if you're to have a chance in court, you're going to need to understand
[09:27.560 --> 09:34.640]  how the courts really work and develop some methodologies that will allow you to maneuver
[09:34.640 --> 09:36.560]  through their complex system.
[09:36.560 --> 09:48.080]  While the court system is complex, it's not beyond understanding because it is consistent.
[09:48.080 --> 09:54.120]  And when last week I talked about going to court and expecting the judge to be fair,
[09:54.120 --> 09:56.200]  do not expect the judge to be fair.
[09:56.200 --> 09:59.520]  Do not expect the judge to be just.
[09:59.520 --> 10:08.040]  We don't want our judges being fair and just because that implies that they get to juxtapose
[10:08.040 --> 10:12.240]  their concept of fairness and justice on the rule of law.
[10:12.240 --> 10:16.440]  I want that judge determining the facts in accordance with the rules of evidence and
[10:16.440 --> 10:18.400]  applying the law as it comes to him to the facts in the case.
[10:18.400 --> 10:24.120]  I am not interested in his personal perception of justice.
[10:24.120 --> 10:27.520]  That's what we had in the common law.
[10:27.520 --> 10:32.000]  When this country fixed that, there's no more of that common law nonsense where a judge
[10:32.000 --> 10:35.280]  can rule any way he wants to.
[10:35.280 --> 10:37.040]  We wanted him bound by statute.
[10:37.040 --> 10:41.520]  It is not the judge who is there to bring justice.
[10:41.520 --> 10:44.240]  It is the legislature.
[10:44.240 --> 10:52.920]  It's their job to so design the laws so that they result in the just adjudication of cases.
[10:52.920 --> 10:58.920]  So I want that judge to follow law and I don't care what his opinion is about it.
[10:58.920 --> 11:02.360]  Well, that's a primary fallacy.
[11:02.360 --> 11:10.320]  Once we understand that part, then we go back and look at how the system is really, how
[11:10.320 --> 11:12.560]  it actually works.
[11:12.560 --> 11:18.440]  The system was not from the judge's perspective, is not intended to be just, but it's intended
[11:18.440 --> 11:21.720]  to be consistent.
[11:21.720 --> 11:27.280]  And in the overall scheme of things, consistency is what we need.
[11:27.280 --> 11:34.280]  Now, if the law brings in the inconsistent or unjust outcome, then we need to go to our
[11:34.280 --> 11:39.760]  legislators and have them change the law to fix whatever problem it has.
[11:39.760 --> 11:45.480]  And then we have our judges enforce the law the way we enacted it.
[11:45.480 --> 11:52.520]  In the real world though, lawyers and judges do whatever they want unless they're called
[11:52.520 --> 11:55.880]  on their behavior.
[11:55.880 --> 12:01.320]  Lawyers and judges, they pretty well control their system.
[12:01.320 --> 12:06.200]  I mean, if you're a mechanic and somebody brings you a car and you get somebody like
[12:06.200 --> 12:13.240]  me that thinks he knows something, then you've got that guy coming out there telling you
[12:13.240 --> 12:16.360]  what you should do when you know what you should do.
[12:16.360 --> 12:20.360]  You want to say, go away, leave me alone, let me do my job.
[12:20.360 --> 12:23.160]  Lawyers and judges, when they deal with their clients, they want you to leave them alone,
[12:23.160 --> 12:24.920]  let them do their job.
[12:24.920 --> 12:32.720]  And that would be okay if we had adequate checks and balances, but we don't.
[12:32.720 --> 12:41.560]  It would be okay if we didn't have so many lawyers that lawyers are put in a position
[12:41.560 --> 12:47.720]  into where they have to create litigation when it's not necessary because they need
[12:47.720 --> 12:48.720]  work.
[12:48.720 --> 12:51.080]  We're graduating 40,000 lawyers a year.
[12:51.080 --> 12:58.320]  The United States has more lawyers per capita than any other country in the world.
[12:58.320 --> 13:05.040]  That's part of the reason we have a 99.6% conviction rate and why this country is the
[13:05.040 --> 13:09.040]  most litigious country in the world by far.
[13:09.040 --> 13:17.080]  We as potential pro se litigants, so even if the litigants were the lawyer, we need
[13:17.080 --> 13:22.920]  to understand these facts about how the system really works.
[13:22.920 --> 13:29.840]  So this is the primary position to come to the courts from is that the courts are not
[13:29.840 --> 13:31.240]  there to serve your interest.
[13:31.240 --> 13:38.280]  They're there to serve the interests of the judges and the lawyers.
[13:38.280 --> 13:45.280]  Now this kind of goes to what they don't teach you in law school.
[13:45.280 --> 13:51.440]  When lawyers go to law school, it usually costs, I've talked to lawyers and it costs
[13:51.440 --> 13:57.400]  between 150,000 and 200,000 to get a law degree.
[13:57.400 --> 14:04.200]  And a good portion of these lawyers will have $150,000, $180,000 student loan to pay off.
[14:04.200 --> 14:08.160]  They got to get her and make some money.
[14:08.160 --> 14:14.840]  Now they go to law school, I'm sure that they went to law school because they wanted to
[14:14.840 --> 14:16.120]  be like Perry Mason.
[14:16.120 --> 14:19.880]  They wanted to be able to help people find justice.
[14:19.880 --> 14:27.280]  But when they get out in the real world, oh, they find they got to make money.
[14:27.280 --> 14:33.440]  And the profession of lawyer is a profession.
[14:33.440 --> 14:37.920]  It's their job and they need to get paid for their job.
[14:37.920 --> 14:43.360]  So they're not going to do anything to jeopardize their ability to make money.
[14:43.360 --> 14:48.960]  And that certainly includes not doing anything to annoy that judge.
[14:48.960 --> 14:51.560]  Okay, the whole system is about money.
[14:51.560 --> 14:57.440]  The lawyer very quickly learns that he is a salesman.
[14:57.440 --> 15:02.680]  First and foremost, he's got to bring in clients.
[15:02.680 --> 15:06.920]  And unfortunate part about that, there are so many lawyers and they're struggling so
[15:06.920 --> 15:08.400]  hard to get clients.
[15:08.400 --> 15:13.760]  It's been most of the time I'm trying to get clients and very small amount of the time
[15:13.760 --> 15:16.680]  adjudicated cases.
[15:16.680 --> 15:24.840]  What they wind up doing is specializing in very finely honed areas of law.
[15:24.840 --> 15:31.840]  So in this area of law, they have all the motions and pleadings that they use in these
[15:31.840 --> 15:32.840]  cases.
[15:32.840 --> 15:34.860]  They've already got them in their files.
[15:34.860 --> 15:40.560]  So almost anything that normally comes up in the adjudication of your case, they've
[15:40.560 --> 15:46.380]  already got their motions in there and their pleadings and their responses to the other
[15:46.380 --> 15:51.480]  motions because the other guy's going to file the same thing all the time.
[15:51.480 --> 15:53.960]  They're going to file the same responses back and forth.
[15:53.960 --> 15:56.960]  And this is what winds up happening.
[15:56.960 --> 16:02.040]  And the very worst place is family law.
[16:02.040 --> 16:04.360]  This is a good example.
[16:04.360 --> 16:08.760]  You got two people that are very angry at each other and they go see a lawyer.
[16:08.760 --> 16:11.880]  And the first thing the lawyer wants is a retainer.
[16:11.880 --> 16:14.080]  Now, that's what he really wants.
[16:14.080 --> 16:22.000]  He gets that retainer and he's got these standard little things he does to use up your retainer.
[16:22.000 --> 16:25.080]  And in family law, they get past the retainer.
[16:25.080 --> 16:29.480]  Generally, you get a lawyer and you tell him about your case and he tells you, oh, yeah,
[16:29.480 --> 16:30.960]  you got all these claims.
[16:30.960 --> 16:31.960]  You can do this, that and the other.
[16:31.960 --> 16:32.960]  You give him your retainer.
[16:32.960 --> 16:40.400]  When he uses up your retainer, then he comes to you and he tells you the real deal.
[16:40.400 --> 16:44.560]  Then for the most part, he wants to get rid of you and I'll explain why when we come back.
[16:44.560 --> 16:51.640]  Randy Kelton, VetPak, Wheel of Law Radio, I call it number 512-646-1984.
[16:51.640 --> 16:53.000]  I'm opening up the phone lines.
[16:53.000 --> 16:54.360]  We keep them open all night.
[16:54.360 --> 16:57.160]  So give us a call, question or comment.
[16:57.160 --> 17:00.160]  We'll be right back.
[17:00.160 --> 17:06.560]  Non-GMOsolutions.com is now a proud sponsor of the Logos Radio Network with promo code
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[18:59.880 --> 19:22.040]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:22.040 --> 19:43.080]  The world is spinning like it's out of control, on the edge of a hole, inside a deep dark
[19:43.080 --> 19:52.840]  hole, I'm always on the lookout for something to soothe my soul, so I sit back and I watch
[19:52.840 --> 19:58.840]  the ever-dead sun fall, and I see justice.
[19:58.840 --> 19:59.840]  We are back.
[19:59.840 --> 20:03.960]  You are listening to Rule of Law with Randy Kelton and Vet Pac.
[20:03.960 --> 20:15.520]  Rule of Law Radio on this Friday, the 13th, May the 13th, 2016.
[20:15.520 --> 20:22.520]  And we're talking about what they don't teach you in law school.
[20:22.520 --> 20:27.680]  And when it went out, I was talking about why a lawyer, once he uses up your retainer,
[20:27.680 --> 20:30.680]  wants to get rid of you.
[20:30.680 --> 20:35.400]  The reason he wants to get rid of you is once he's used up your retainer, now he has to
[20:35.400 --> 20:37.800]  go to work.
[20:37.800 --> 20:44.000]  Now he's got to get busy and actually try to adjudicate your case.
[20:44.000 --> 20:47.840]  And lawyers don't like adjudicating cases.
[20:47.840 --> 20:53.160]  They don't like doing legal research and filing motions and pleadings that they haven't filed
[20:53.160 --> 20:56.360]  a hundred times before.
[20:56.360 --> 21:01.560]  And the reason being is they are learned counsel.
[21:01.560 --> 21:05.280]  Being learned counsel, they cannot make mistakes.
[21:05.280 --> 21:10.960]  They can't misargue a law or case law.
[21:10.960 --> 21:20.880]  They can't bring a case before the court that has been struck down by another judge or by
[21:20.880 --> 21:21.880]  a higher court.
[21:21.880 --> 21:31.720]  It may have been good case law at one time, but it's been distinguished or it's been overturned.
[21:31.720 --> 21:40.840]  If he brings something like that, then if the judge accepts his case law and it goes
[21:40.840 --> 21:45.160]  to the court of appeals, the court of appeals is going to come back and smack the judge
[21:45.160 --> 21:53.880]  for relying on adequate law or relying on a improper argument.
[21:53.880 --> 22:02.480]  And when that happens to the judge, he's going to be a really unhappy camper and he's going
[22:02.480 --> 22:06.880]  to come back and land on that lawyer like a ton of bricks.
[22:06.880 --> 22:13.640]  So lawyers really don't want to do what they don't do every day because lawyers are terrified
[22:13.640 --> 22:14.640]  of judges.
[22:14.640 --> 22:22.240]  A judge can sanction a lawyer on a whim and the lawyer can try to fight the sanctions,
[22:22.240 --> 22:25.480]  but for the most part he has to pay him first.
[22:25.480 --> 22:30.200]  And a judge can sanction a lawyer for anything he wants to.
[22:30.200 --> 22:36.120]  So judges are in a position to where they can act arbitrarily and capriciously when
[22:36.120 --> 22:40.960]  it concerns lawyers and there's little or nothing the lawyer can do about it.
[22:40.960 --> 22:43.520]  So lawyers are terrified of judges.
[22:43.520 --> 22:50.200]  They're terrified of coming up with motions and pleasings you haven't come up with before.
[22:50.200 --> 22:58.480]  So they've got this set of things they do and they charge your retainer and then they
[22:58.480 --> 23:03.720]  have a flurry back and forth of these standard documents that everybody does all the time.
[23:03.720 --> 23:09.240]  Family law is the worst because the two lawyers get together and they take a look at the couple's
[23:09.240 --> 23:17.840]  estate and they try to estimate how much of that estate they can swallow and then they
[23:17.840 --> 23:24.960]  do their best to set these two litigants at one another's throats so that they're willing
[23:24.960 --> 23:32.240]  to give these lawyers every dime they've got, every dime they can beg, steal or borrow
[23:32.240 --> 23:34.680]  in order to get back at the party on the other side.
[23:34.680 --> 23:38.240]  The lawyers are just sitting back there raking into bucks.
[23:38.240 --> 23:43.240]  And when you run out of money, they're going to throw you under the bus and go to the next
[23:43.240 --> 23:44.240]  client.
[23:44.240 --> 23:45.240]  They're in business.
[23:45.240 --> 23:49.320]  They're not here to help you out or find you justice.
[23:49.320 --> 23:55.400]  They're here to make money, always here to make money and if you're going to use a lawyer,
[23:55.400 --> 24:01.880]  you need to understand how to control your lawyer and we've got the call boards filling
[24:01.880 --> 24:02.880]  up really fast.
[24:02.880 --> 24:06.080]  I'm not going to spend much more time on this today.
[24:06.080 --> 24:11.560]  If we run out of callers, I'll go back to it and bore everybody to death.
[24:11.560 --> 24:14.520]  Okay, we're going to go to our call board.
[24:14.520 --> 24:16.520]  We've got Leslie in Pennsylvania.
[24:16.520 --> 24:18.520]  Hello, Ms. Leslie.
[24:18.520 --> 24:21.640]  Hello, and how are you?
[24:21.640 --> 24:25.760]  Ms. Leslie, I have your pleading.
[24:25.760 --> 24:28.360]  Leslie has been fighting these guys.
[24:28.360 --> 24:31.360]  How many years now, Leslie?
[24:31.360 --> 24:33.800]  Since 2010.
[24:33.800 --> 24:43.160]  Since 2010, six years and you filed a notice of rescission and at the time you were current
[24:43.160 --> 24:44.160]  on your mortgage.
[24:44.160 --> 24:45.160]  Is that correct?
[24:45.160 --> 24:46.160]  Yes.
[24:46.160 --> 24:51.040]  So she's been fighting this issue the whole time.
[24:51.040 --> 24:57.840]  Now, you kind of give us a synopsis of how you got to where you're at now.
[24:57.840 --> 25:03.360]  Well, my husband, where he was working close down, they were going to get in his pension
[25:03.360 --> 25:04.360]  in one month's time.
[25:04.360 --> 25:09.760]  So we wanted to find out from our mortgage company how we could pay this off before we
[25:09.760 --> 25:14.080]  retired and we wanted some more information and they would never put me through to customer
[25:14.080 --> 25:15.080]  service.
[25:15.080 --> 25:20.040]  They said I had to be 90 days behind before I could talk to anybody.
[25:20.040 --> 25:25.000]  And my credit score was very high and I didn't want to take those chances so I started looking
[25:25.000 --> 25:27.240]  for other options.
[25:27.240 --> 25:32.640]  And we decided that if we put in for a rescission and they came back and wanted the money to
[25:32.640 --> 25:37.520]  pay, they'd still have to prove up who they were so we'd be paying the right person and
[25:37.520 --> 25:39.840]  we had the money to pay them all in front anyway.
[25:39.840 --> 25:44.960]  Then I read the law a little more carefully and it showed that you had to pay the value
[25:44.960 --> 25:48.440]  of the property, not the value of the note.
[25:48.440 --> 25:54.320]  So after we filed for rescission and they never answered and they filed a notice of
[25:54.320 --> 26:03.960]  intention to rescind in 10 days, we gave them 10 days or 20 days, I'm sorry, we will cancel
[26:03.960 --> 26:04.960]  in 20 days.
[26:04.960 --> 26:11.720]  In 20 days we sent them a notice of default and six months later because we hadn't heard
[26:11.720 --> 26:15.400]  anything we sent them a final notice.
[26:15.400 --> 26:21.320]  Now all this time we were paying them but when we sent in the last one in the sixth
[26:21.320 --> 26:27.640]  month that paid off everything that we would have paid had they come and given us all the
[26:27.640 --> 26:34.240]  money we paid them and the value of the house, that would have settled the account.
[26:34.240 --> 26:35.560]  You understand what I'm saying?
[26:35.560 --> 26:42.000]  So we're not in default now, we're all caught up, everything's paid, they just haven't
[26:42.000 --> 26:46.400]  canceled the mortgage yet but they came after us for a foreclosure.
[26:46.400 --> 26:51.760]  We had filed to enforce rescission in the federal court and in that we found out who
[26:51.760 --> 26:58.480]  owned the mortgage and who did not own the mortgage and then I filed for quiet title
[26:58.480 --> 27:03.240]  against the original lender because they were the only one in the county records.
[27:03.240 --> 27:08.680]  They never assigned the mortgage to anybody so when we found out that Fannie Mae owned
[27:08.680 --> 27:13.360]  the mortgage and they were not going to put their name in the county records we just filed
[27:13.360 --> 27:14.360]  for quiet title.
[27:14.360 --> 27:20.600]  Now in the middle of that there was an assignment made but it was made from the original lender
[27:20.600 --> 27:24.000]  to City Mortgage.
[27:24.000 --> 27:29.040]  Now when they did that I accused them of fraud because City Mortgage had been saying all
[27:29.040 --> 27:39.560]  along we don't have any interest in your mortgage, we went out of this and then the next day
[27:39.560 --> 27:44.360]  after they went to court the next day the assignment of mortgage was created from them
[27:44.360 --> 27:50.760]  to City Mortgage so I charged them with fraud, you know I amended the complaint, I did everybody
[27:50.760 --> 27:53.520]  use full fraud and all that kind of stuff.
[27:53.520 --> 27:58.200]  So they came back and said we had nothing whatsoever to do with the assignment of mortgage
[27:58.200 --> 28:02.840]  dated September 20, 2012.
[28:02.840 --> 28:14.720]  Now I had a list that was adjudicated in federal court of the chain of title, I had a legal
[28:14.720 --> 28:23.800]  document in court by the assigner of the mortgage that they had nothing to do with it.
[28:23.800 --> 28:28.520]  And plus when I go on the website I find out Fannie Mae still claims they own the loan
[28:28.520 --> 28:33.000]  even six years after they assigned it or four years after they assigned it, they still have
[28:33.000 --> 28:40.960]  it on their books so when we filed the quiet title the court threw it out, the appeals
[28:40.960 --> 28:45.840]  court threw it out because I did not put my husband in the quiet title action and there
[28:45.840 --> 28:52.560]  was a reason for that but it was not a legal reason, it was a physical reason because he
[28:52.560 --> 28:56.760]  wasn't able to be there when we had to go to court.
[28:56.760 --> 29:05.000]  So when they threw it out of court before we got out of the court of appeals the mortgage
[29:05.000 --> 29:10.440]  company filed for foreclosure on us and now we're going round and round, I filed preliminary
[29:10.440 --> 29:18.920]  objections the judge just denied, didn't say why, none of that stuff so when they demanded
[29:18.920 --> 29:26.360]  I file a response and I got preliminary objections from the opposition so then I filed another
[29:26.360 --> 29:34.520]  response and got more preliminary objections and we filed all these things back and forth
[29:34.520 --> 29:41.880]  until finally the judge said everything for the plaintiff is, what would you call, affirmed,
[29:41.880 --> 29:48.920]  everything is denied as to the defendant so now they put in a motion for summary judgment
[29:48.920 --> 29:54.320]  and we're in the court of appeals on the decisions that the judge has already made.
[29:54.320 --> 30:01.800]  Okay hang on we're about to go to break, Brad Hilton, we'll be right back.
[30:01.800 --> 30:06.840]  The U.S. military is planning to implant soldiers with microchips under the guise of keeping
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[32:13.000 --> 32:16.200]  Among those rights are the right to travel freely from place to place, the right to act
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[33:10.400 --> 33:32.000]  Okay, we are back, Randy Kelton, Vet Pack, Rule of Law Radio and we're talking to Leslie
[33:32.000 --> 33:33.000]  of Pennsylvania.
[33:33.000 --> 33:34.000]  Okay, Leslie.
[33:34.000 --> 33:38.240]  Now we're facing a motion for summary judgment.
[33:38.240 --> 33:43.920]  I filed preliminary objections because we never got served with the motion for summary
[33:43.920 --> 33:46.920]  judgment.
[33:46.920 --> 33:53.000]  And we got it filed, they filed it the same time that we applied for, that we filed our
[33:53.000 --> 33:57.240]  motion or appeals in the Appeals Court in Philadelphia.
[33:57.240 --> 34:02.680]  So when I filed preliminary objections, they objected.
[34:02.680 --> 34:07.640]  They filed opposition saying it's not proper to file preliminary objections to a motion
[34:07.640 --> 34:08.640]  for summary judgment.
[34:08.640 --> 34:14.960]  It was no more proper than not serving the defendants to motion for summary judgment
[34:14.960 --> 34:18.160]  at all.
[34:18.160 --> 34:24.160]  So your preliminary judgment or your preliminary objection went to service.
[34:24.160 --> 34:25.160]  Yes.
[34:25.160 --> 34:32.840]  Well, no, I didn't, I said that we hadn't been served, but I'm going to put this in
[34:32.840 --> 34:33.840]  the court.
[34:33.840 --> 34:34.840]  You know, I object to the whole thing.
[34:34.840 --> 34:39.120]  There is no jurisdiction in this case, there cannot be.
[34:39.120 --> 34:44.320]  You've got a forged assignment, a mortgage by five counts.
[34:44.320 --> 34:53.920]  You have a lender that is not included in an indispensable party and by law, they are
[34:53.920 --> 34:58.720]  required to dismiss this case immediately when that's brought up.
[34:58.720 --> 35:03.240]  Is this an estate or federal court?
[35:03.240 --> 35:05.000]  This is state.
[35:05.000 --> 35:08.520]  Oh, you really need to sue the judge in the federal court.
[35:08.520 --> 35:14.040]  I've already started with judicial conduct complaints.
[35:14.040 --> 35:19.760]  This is procedural due process violation.
[35:19.760 --> 35:23.720]  This is beyond scope.
[35:23.720 --> 35:30.000]  When you've made a challenge to subject matter jurisdiction, subject matter jurisdiction
[35:30.000 --> 35:35.880]  ceases to exist, the judge may not presume it.
[35:35.880 --> 35:37.480]  He must prove it.
[35:37.480 --> 35:43.120]  The judge must prove it, not opposing, not the opposing party.
[35:43.120 --> 35:50.000]  You put the judge on the dime with this and if the judge attempts to do anything after
[35:50.000 --> 35:55.480]  the subject matter jurisdiction challenge has been filed and before subject matter jurisdiction
[35:55.480 --> 36:00.920]  is proven, he is outside scope.
[36:00.920 --> 36:07.360]  The only thing I know of you can sue him for directly is subject matter jurisdiction.
[36:07.360 --> 36:09.400]  You can always sue him.
[36:09.400 --> 36:10.920]  Oh yeah.
[36:10.920 --> 36:16.880]  You might consider filing suit against the judge in the federal court.
[36:16.880 --> 36:19.880]  Definitely do.
[36:19.880 --> 36:25.840]  You might also consider criminal charges with the U.S. attorney.
[36:25.840 --> 36:32.760]  Now, if you file criminal charges against a federal judge like I'm about to do, they're
[36:32.760 --> 36:38.880]  going to do everything they can to fight you, but when you start filing against state officials
[36:38.880 --> 36:42.480]  in the fed, that's a whole other animal.
[36:42.480 --> 36:48.720]  Yeah, because everything that I have brought into the court, I have said you have no jurisdiction.
[36:48.720 --> 36:55.320]  Every pleading I put in there, every single one, says this court has no jurisdiction.
[36:55.320 --> 37:01.160]  I work it in, you know, just like you've seen in this pleading that I sent you today.
[37:01.160 --> 37:06.680]  That's a response to the objections of the plaintiff, but I always put that in there.
[37:06.680 --> 37:07.680]  There's no jurisdiction.
[37:07.680 --> 37:08.680]  There cannot be.
[37:08.680 --> 37:11.320]  Number one, it's rescinded.
[37:11.320 --> 37:18.040]  I sent in, when I put in the preliminary objections to the complaint, I sent in the Jezimowski
[37:18.040 --> 37:22.440]  decision, the entire thing, attached it to my response.
[37:22.440 --> 37:31.920]  They just, out the window, like I said, if it was considered anything, the plaintiff
[37:31.920 --> 37:37.760]  tried to say that defendant's allegations have been considered and rejected by the court.
[37:37.760 --> 37:42.600]  No, they were not considered by the court or the case would have been dismissed.
[37:42.600 --> 37:47.760]  They were rejected out of hand, which is different.
[37:47.760 --> 37:51.240]  Also go after him criminally.
[37:51.240 --> 37:56.600]  I'm not sure what's going on with this judge.
[37:56.600 --> 38:04.680]  He may be bought and paid for, but I doubt that he's been paid to spend time in prison
[38:04.680 --> 38:13.560]  or been paid to wind up being a scapegoat that the U.S. attorney can use, especially
[38:13.560 --> 38:15.760]  during election year.
[38:15.760 --> 38:18.360]  Absolutely.
[38:18.360 --> 38:25.680]  To show that he's going after these right-wing conservative big money scoundrels who's picking
[38:25.680 --> 38:30.040]  on the poor, ordinary citizen.
[38:30.040 --> 38:36.000]  This is exactly the kind of thing that in an election year, the U.S. attorney is likely
[38:36.000 --> 38:37.000]  to pick up.
[38:37.000 --> 38:38.000]  Oh yeah.
[38:38.000 --> 38:41.000]  In the end, it's all political.
[38:41.000 --> 38:42.000]  Yeah.
[38:42.000 --> 38:49.640]  Because like I said, we filed a judicial conduct complaint already with the Supreme Court.
[38:49.640 --> 38:54.080]  They have their board that investigates all that kind of stuff.
[38:54.080 --> 38:59.040]  But now that we're in the appeals court, do I have to wait until my case is finished or
[38:59.040 --> 39:00.040]  can I also-
[39:00.040 --> 39:01.040]  No.
[39:01.040 --> 39:03.680]  These are crimes.
[39:03.680 --> 39:05.400]  He's committed a crime.
[39:05.400 --> 39:09.040]  This judge is not the judge.
[39:09.040 --> 39:10.040]  That's your position.
[39:10.040 --> 39:12.400]  He's not a judge in this case.
[39:12.400 --> 39:14.440]  He's committed one crime against me after another.
[39:14.440 --> 39:18.680]  I don't have to sit back and tolerate it.
[39:18.680 --> 39:23.480]  You have a duty to give notice of crime.
[39:23.480 --> 39:25.280]  That you absolutely don't have to wait on.
[39:25.280 --> 39:32.040]  I don't know of any reason why you couldn't sue the judge if he lacks subject matter jurisdiction.
[39:32.040 --> 39:35.440]  He's not a judge and that's your position.
[39:35.440 --> 39:40.200]  But he won't adjudicate the issue, see if he can get a federal court to adjudicate the
[39:40.200 --> 39:41.200]  issue.
[39:41.200 --> 39:42.200]  Yeah.
[39:42.200 --> 39:52.560]  The Supreme just ruled on Jasenowski and you come back with a case that mirrors Jasenowski.
[39:52.560 --> 39:58.640]  This judge is thumbing his nose in the face of the federal supreme.
[39:58.640 --> 39:59.640]  Exactly.
[39:59.640 --> 40:06.080]  Did you see how I put that out so it's like one, two, three, four, five, here it is.
[40:06.080 --> 40:07.080]  Yes.
[40:07.080 --> 40:15.200]  I was reading Leslie's document here and I aspire to be able to write this clearly
[40:15.200 --> 40:17.280]  and concisely.
[40:17.280 --> 40:20.800]  She does really nice work.
[40:20.800 --> 40:23.800]  So this is much better work than I see from lawyers.
[40:23.800 --> 40:33.760]  The only time I see work this good is in court opinions and generally federal court opinions.
[40:33.760 --> 40:38.120]  They tend to be well written and this is a compelling document.
[40:38.120 --> 40:43.160]  It makes really damning claims.
[40:43.160 --> 40:49.160]  This should be in the hands of the federal court.
[40:49.160 --> 40:57.400]  The federal courts are state courts and the rule is go after the state and the fed and
[40:57.400 --> 41:03.600]  the fed and the state because they tend not to be on the same side and if there's a good
[41:03.600 --> 41:11.720]  old boy network, they don't tend to extend from the fed to the state.
[41:11.720 --> 41:20.080]  Yes, especially in an election year because in the end, everything's political.
[41:20.080 --> 41:22.080]  Oh yeah.
[41:22.080 --> 41:27.080]  Haven't you already written a MECO suit?
[41:27.080 --> 41:28.080]  What?
[41:28.080 --> 41:29.080]  Oh yeah.
[41:29.080 --> 41:30.080]  They dismissed it.
[41:30.080 --> 41:31.080]  They dismissed it.
[41:31.080 --> 41:36.080]  Did you file it in the fed or the state?
[41:36.080 --> 41:37.080]  Federal.
[41:37.080 --> 41:40.080]  And they dismissed it?
[41:40.080 --> 41:41.080]  Federal.
[41:41.080 --> 41:45.320]  Yeah, with prejudice, but I talked to a lawyer friend of mine and he said, don't worry about
[41:45.320 --> 41:46.320]  it.
[41:46.320 --> 41:47.320]  We'll take care of it later.
[41:47.320 --> 41:50.320]  Just let's get this foreclosure stuck out of the way because he's taking care of my
[41:50.320 --> 41:51.320]  appeal.
[41:51.320 --> 41:57.800]  So he's waiting until that is done because we have other ones that want to join that
[41:57.800 --> 41:58.800]  suit.
[41:58.800 --> 41:59.800]  We have other...
[41:59.800 --> 42:03.960]  And because a lot of the same lawyers are involved and there was like 17 different people
[42:03.960 --> 42:05.360]  in that as defendants.
[42:05.360 --> 42:06.360]  Okay.
[42:06.360 --> 42:11.360]  What was the reason for dismissing with prejudice?
[42:11.360 --> 42:20.720]  Well, because we had filed the court, I couldn't understand it really, but it basically it
[42:20.720 --> 42:26.840]  was because they said that we filed in the court in the federal court earlier against
[42:26.840 --> 42:27.840]  city mortgage.
[42:27.840 --> 42:34.000]  So I don't know whether it's with prejudice against a city mortgage only because they're
[42:34.000 --> 42:38.000]  the only ones I ever filed against in my life.
[42:38.000 --> 42:42.680]  You know, I mean, as far as in the federal court with city mortgage, they were in the
[42:42.680 --> 42:43.680]  RICO suit.
[42:43.680 --> 42:52.040]  The RICO suit was almost the attorney except, like I said, except for city mortgage.
[42:52.040 --> 42:55.280]  I would very much like to see the order in that case.
[42:55.280 --> 42:57.960]  Yeah, I'll get it to you.
[42:57.960 --> 42:58.960]  I'll get it.
[42:58.960 --> 43:05.920]  So in your case, to dismiss a fairly extensive RICO suit with prejudice, have you appealed
[43:05.920 --> 43:06.920]  for that?
[43:06.920 --> 43:11.520]  No, no, I wasn't going to, because I wasn't ready to...
[43:11.520 --> 43:15.400]  My head's in such a whirl with this other stuff going on that I don't know.
[43:15.400 --> 43:21.920]  Maybe I jumped a gun on it too much, too fast, you know what I mean?
[43:21.920 --> 43:27.080]  Because there's so many different, there's so many different, what would you call it,
[43:27.080 --> 43:32.640]  arguments, and I was so busy with this other case, and I have three other foreclosures
[43:32.640 --> 43:33.640]  I'm overseeing.
[43:33.640 --> 43:37.680]  So I mean, it's been kind of tough on me.
[43:37.680 --> 43:40.920]  Okay, I understand.
[43:40.920 --> 43:44.400]  And that's one of the things they count on is attrition.
[43:44.400 --> 43:45.400]  Yes.
[43:45.400 --> 43:52.240]  They just want to pound you down until you can't fight them anymore.
[43:52.240 --> 44:01.240]  But as well-constructed as your documentation is, I'm surprised that you'd be right back.
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[45:01.120 --> 45:04.320]  Are you the plaintiff or defendant in a lawsuit?
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[45:59.720 --> 46:19.160]  Okay.
[46:19.160 --> 46:20.160]  We are back.
[46:20.160 --> 46:24.800]  Randy Kelton, Fat Pac, Rule of Law Radio, and we're talking to Leslie of Pennsylvania.
[46:24.800 --> 46:34.520]  This is kind of disturbing because your documents are so well constructed that they would dismiss
[46:34.520 --> 46:44.400]  the RICO with prejudices, this is really surprising and distressing, and you say there are other
[46:44.400 --> 46:46.560]  people picking up this RICO action?
[46:46.560 --> 46:53.520]  There are other people that want to join it, yeah, because a lot of them have the same
[46:53.520 --> 46:58.840]  attorney and when, you know, like there was three different law firms and there was like
[46:58.840 --> 47:05.120]  three different attorneys that different ones had in their case that they wanted to go after
[47:05.120 --> 47:07.960]  them because of the fraud.
[47:07.960 --> 47:13.040]  How does this dismissal with prejudice affect your position?
[47:13.040 --> 47:17.080]  The lawyer said it doesn't.
[47:17.080 --> 47:26.440]  Okay, so it was probably dismissal with prejudice only against a particular entity and if I
[47:26.440 --> 47:32.160]  understood what you were saying, right, it was probably because of rescue to CADA.
[47:32.160 --> 47:33.160]  Yes.
[47:33.160 --> 47:37.200]  Okay, so that won't affect all the other claims.
[47:37.200 --> 47:42.160]  So your case wasn't completely thrown out there?
[47:42.160 --> 47:43.160]  Yeah.
[47:43.160 --> 47:44.800]  We'll have to send it out there.
[47:44.800 --> 47:51.200]  He said we can re-file it at a different time because I wanted to dismiss it without prejudice
[47:51.200 --> 47:58.680]  for the reason that I was swamped and I made clear to the court that I did want to revisit
[47:58.680 --> 48:07.800]  this, I did want to come back and file again and he said no, but the lawyers said different.
[48:07.800 --> 48:14.520]  Okay, so he probably knows how you can get around it, so that's better, but it'll be
[48:14.520 --> 48:15.520]  interesting.
[48:15.520 --> 48:21.920]  You have one in the Pennsylvania Supreme, it'll be interesting to see what they do.
[48:21.920 --> 48:28.000]  I have seen work from the Pennsylvania Supreme and I was surprised, I had a guy who filed
[48:28.000 --> 48:35.880]  a traffic case and took it over to the Supreme and he did a horrible job.
[48:35.880 --> 48:47.400]  He filed a 20-page certiorari with the Supreme and they returned a 30-page explanation of
[48:47.400 --> 48:53.640]  what all he had done wrong, what he needed to do different to correct it so that he could
[48:53.640 --> 48:56.320]  re-file to get a proper adjudication.
[48:56.320 --> 49:03.200]  I was astounded, they didn't just throw it out.
[49:03.200 --> 49:07.840]  So if that's any indication of the quality of the Supreme in Pennsylvania, you may actually
[49:07.840 --> 49:08.840]  get a good hearing.
[49:08.840 --> 49:11.840]  Oh yeah, I hope so.
[49:11.840 --> 49:19.360]  Well, this judge, I'm telling you, my papers are very clear, I mean my claim is very clear.
[49:19.360 --> 49:24.240]  The rescission, I don't know how he can think he can adjudicate a rescission that's six
[49:24.240 --> 49:25.240]  years old.
[49:25.240 --> 49:26.240]  For what?
[49:26.240 --> 49:27.240]  Yes.
[49:27.240 --> 49:28.240]  I mean, hello?
[49:28.240 --> 49:39.200]  This should, by the time this gets to the Supreme, the Supreme is almost certainly, the
[49:39.200 --> 49:43.800]  Federal Court of Appeals is almost certainly going to land on him like a ton of bricks
[49:43.800 --> 49:50.240]  because Jasinowski was so definitive that the judge is going to guess this.
[49:50.240 --> 49:52.600]  That's why I'm thinking go after the judge.
[49:52.600 --> 49:56.480]  I'm doing that here in Texas.
[49:56.480 --> 50:03.600]  I filed a state quiet title action, the law you removed you to the Fed.
[50:03.600 --> 50:13.120]  I objected based on the 2011 Venue and Removal Clarification Act that while it said that
[50:13.120 --> 50:22.200]  a case could be removed to the state, what the Clarification Act went to is there were
[50:22.200 --> 50:29.320]  some circuits who were saying that if a case with state issues and a federal issue over
[50:29.320 --> 50:35.960]  which the Feds have exclusive jurisdiction, it can be removed to the Fed and under judicial
[50:35.960 --> 50:39.560]  economy, the Fed could hear both the state and the federal issues.
[50:39.560 --> 50:45.160]  Well, there are other circuits that said no, no, no, we can't do that.
[50:45.160 --> 50:51.560]  That's an unreasonable intrusion on state sovereignty that we have to sever the state
[50:51.560 --> 50:54.320]  issues and send those back to the state.
[50:54.320 --> 51:02.320]  Well, in 2011, the legislature stepped in and they sided with the latter.
[51:02.320 --> 51:08.640]  They said while the case can be removed, the state issues must be severed and remanded.
[51:08.640 --> 51:18.560]  So the way I read that is the legislature said the Fed does not have subject matter
[51:18.560 --> 51:22.240]  jurisdiction over state issues.
[51:22.240 --> 51:28.240]  So instead of filing a motion to remand once he removed it to the Fed, I filed a challenge
[51:28.240 --> 51:37.120]  subject matter jurisdiction, claiming that the court could not hear any issues in this
[51:37.120 --> 51:47.080]  case as the only issue in the case was quiet title and the court couldn't hear a quiet
[51:47.080 --> 51:51.080]  title case because that's a state issue.
[51:51.080 --> 51:55.720]  So the other side, after I filed a subject matter jurisdiction challenge, filed a rule
[51:55.720 --> 52:00.920]  12 motion to dismiss and the judge dismissed with prejudice.
[52:00.920 --> 52:04.600]  And this was a rescission act.
[52:04.600 --> 52:07.840]  He said, rescission doesn't last forever.
[52:07.840 --> 52:12.600]  And I said, yeah, it does.
[52:12.600 --> 52:20.920]  Once there's a notice of intent to foreclose and you can show more than $35 on false fees,
[52:20.920 --> 52:23.280]  yeah, it lasts forever.
[52:23.280 --> 52:29.040]  There's no more, there's no state statute limitations on the right to foreclose to rescind
[52:29.040 --> 52:32.640]  after foreclosure.
[52:32.640 --> 52:36.160]  So he ignored that part.
[52:36.160 --> 52:44.000]  That was the specific argument and he ignored it and dismissed with prejudice.
[52:44.000 --> 52:49.880]  Without hearing my challenge of subject matter jurisdiction, gotcha.
[52:49.880 --> 52:57.320]  Every case I've filed, he's dismissed with prejudice, just out of hand, I'm sorry, except
[52:57.320 --> 52:58.320]  for one.
[52:58.320 --> 53:03.800]  I told Brett McClung, he was the attorney for Chase.
[53:03.800 --> 53:07.280]  What I intended to do, he filed the first one and removed it.
[53:07.280 --> 53:12.160]  I filed a challenge subject matter jurisdiction in that one.
[53:12.160 --> 53:19.040]  He filed a second one and I told him that the judge dismissed the first one with prejudice.
[53:19.040 --> 53:21.920]  He filed the second one, removed it.
[53:21.920 --> 53:26.240]  And I told Brett McClung, I said, it's not a problem, this is a lawyer for Chase.
[53:26.240 --> 53:30.600]  Said, I'm going to get these judges to do, give me a couple more and I'm going to take
[53:30.600 --> 53:32.960]  you to the state grand jury.
[53:32.960 --> 53:36.200]  And this judge is a real stinker.
[53:36.200 --> 53:42.960]  Lawyers all hate to get in front of this guy because he's 89 years old and he's just way
[53:42.960 --> 53:43.960]  out there.
[53:43.960 --> 53:49.320]  He is the meanest, nastiest judge you could ever come in front of.
[53:49.320 --> 53:53.680]  And I'm not a lawyer so I don't care.
[53:53.680 --> 53:57.680]  So I told him I was going to file criminally against him and I think he told the judge
[53:57.680 --> 54:03.200]  because the judge did not dismiss the second one with prejudice.
[54:03.200 --> 54:12.120]  He didn't dismiss it at all at first and then he ordered a scheduling order, a conference.
[54:12.120 --> 54:14.840]  And I told him, heck with that.
[54:14.840 --> 54:20.520]  You don't have subject matter jurisdiction, you have no power to demand a scheduling conference.
[54:20.520 --> 54:24.680]  Well, he dismissed without prejudice on that one.
[54:24.680 --> 54:33.040]  Now he's got the third one and this one, this one I had, the other times I filed a remand
[54:33.040 --> 54:37.920]  but this time I filed a challenge to subject matter jurisdiction directly.
[54:37.920 --> 54:44.560]  He ignored it, ruled on the rule 12 that came in after the subject matter jurisdiction challenge
[54:44.560 --> 54:53.440]  and I got the ruling from the judge the same day I non-suited the case.
[54:53.440 --> 55:04.320]  Or he issued the ruling the same day I non-suited the case, he has a problem.
[55:04.320 --> 55:14.360]  The reason I non-suited is in the rule 12 motion, he did a bunch of huffing and puffing
[55:14.360 --> 55:21.800]  about whole patina respira, not applying and out of time and blah, blah, blah.
[55:21.800 --> 55:31.760]  The second half he claimed that Wells Fargo was not the creditor, say what, they're trying
[55:31.760 --> 55:38.440]  to foreclose and he puts in the document that they're not the creditor.
[55:38.440 --> 55:42.560]  So Leslie, what do you do when he puts that in there?
[55:42.560 --> 55:43.560]  You bless God.
[55:43.560 --> 55:50.360]  You non-suit immediately, you don't want to give him a chance to fix his mistake.
[55:50.360 --> 55:59.280]  Now I got him on collateral estoppel and I had some guy out of Florida, this Bob Hurt,
[55:59.280 --> 56:05.320]  he is putting out some emails about how I've been drinking the Kool-Aid and how I'm getting
[56:05.320 --> 56:07.840]  thrown out of court.
[56:07.840 --> 56:13.680]  Well it wasn't exactly like that and I tried to explain it to him, all he wanted to do
[56:13.680 --> 56:19.200]  is, this is one of these guys who wants to talk about how stupid everybody is but him
[56:19.200 --> 56:28.200]  and he just couldn't wrap his head around it, he didn't understand collateral estoppel.
[56:28.200 --> 56:35.160]  Collateral estoppel for those who don't know is where you come to court and take a position
[56:35.160 --> 56:40.680]  like in your case Leslie where Citibank says that we don't have anything to do with this
[56:40.680 --> 56:41.680]  note.
[56:41.680 --> 56:45.160]  That's it for Citibank, they can never come back and say they do have something to do
[56:45.160 --> 56:52.760]  with a note even if they do because they stated in court they don't, they're collateral estopped
[56:52.760 --> 56:55.480]  from taking a different position.
[56:55.480 --> 57:06.120]  This lawyer said that Willis Fargo was not the creditor so if I screw up and he realizes
[57:06.120 --> 57:16.200]  what he's done, he has an opportunity to file an amended Luke 12 and take that out.
[57:16.200 --> 57:19.920]  So I was afraid he'd figure it out and I filed a non-suit right away.
[57:19.920 --> 57:25.360]  That's the best thing, get it out of the court so it's on the record.
[57:25.360 --> 57:31.480]  Yeah he gave me a present, thank you, thank you.
[57:31.480 --> 57:33.760]  So in this case, go ahead.
[57:33.760 --> 57:42.040]  Now this is a perfect case to go after the judge with because it's really clean.
[57:42.040 --> 57:49.920]  I'm not saying that he gave me a ruling I didn't want because I non-suited.
[57:49.920 --> 57:54.320]  The same day he issued the order I filed a non-suit.
[57:54.320 --> 58:00.280]  So I wanted the case to end but it doesn't matter.
[58:00.280 --> 58:05.400]  I had a challenge subject matter jurisdiction again and it's like when the clerk wouldn't
[58:05.400 --> 58:11.400]  show me the records and I call 911 and then she came out with the records.
[58:11.400 --> 58:17.560]  Sorry Bubba, that bell's already been rung.
[58:17.560 --> 58:22.680]  The fact that I wanted this thing out of the court is irrelevant.
[58:22.680 --> 58:29.680]  The judge exerted or purged to exert an authority he didn't have and under 18 U.S. Code 242
[58:29.680 --> 58:35.400]  and Texas penal code 39.03, that's class A misdemeanor.
[58:35.400 --> 58:39.960]  Randy, we're going to have to take a break.
[58:39.960 --> 58:44.440]  Alrighty, hello Ms. Svetler, you bring us out.
[58:44.440 --> 58:50.280]  Alright, you're listening to rule of law radio with Randy Kelton and Vette Pat.
[58:50.280 --> 58:54.400]  Would you like to make more definite progress in your walk with God?
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[59:05.360 --> 59:06.360]  today.
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[59:18.640 --> 59:22.900]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
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[59:32.860 --> 59:45.640]  Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102 or visit
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[01:00:09.960 --> 01:00:17.560]  Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:17.560 --> 01:00:29.480]  The markets for Friday the 13th of May 2016 are currently trading with gold at $1,272.40
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[01:00:37.320 --> 01:00:46.280]  at about 457 US currency.
[01:00:46.280 --> 01:00:52.160]  Today in history, the year 609, Pope Boniface I turns the pantheon in Rome into a Catholic
[01:00:52.160 --> 01:00:53.160]  church.
[01:00:53.160 --> 01:00:55.960]  It was given to the Pope by the Byzantine Emperor, Phocas.
[01:00:55.960 --> 01:00:59.940]  Pope Boniface then ordered that the church should, quote, be made to the Holy Virgin
[01:00:59.940 --> 01:01:04.920]  Mary and to all the martyrs so that the commemoration of saints would take place henceforth where
[01:01:04.920 --> 01:01:07.600]  not gods but demons were formally worshiped.
[01:01:07.600 --> 01:01:14.280]  The rebranding of the pantheon, today in history.
[01:01:14.280 --> 01:01:18.200]  In recent news, the Obama administration suggested today that public schools across the United
[01:01:18.200 --> 01:01:22.360]  States let transgender students use the bathroom in locker rooms that corresponds to their
[01:01:22.360 --> 01:01:23.560]  gender identity.
[01:01:23.560 --> 01:01:27.260]  The statement issued just days after the Justice Department and North Carolina mutually sued
[01:01:27.260 --> 01:01:31.240]  each other over their state law requiring transgender individuals to use the public
[01:01:31.240 --> 01:01:34.800]  bathroom that corresponds to the gender on their birth certificate.
[01:01:34.800 --> 01:01:37.920]  And they'll dispush from the White House is not legally binding since this issue has not
[01:01:37.920 --> 01:01:40.880]  yet been definitively answered by the courts.
[01:01:40.880 --> 01:01:44.840]  Those that refuse to comply could potentially be hit with a civil rights lawsuit from the
[01:01:44.840 --> 01:01:48.920]  government and even face a cutoff of federal aid to education.
[01:01:48.920 --> 01:01:52.640]  Texas's Lieutenant Governor, Republican Dan Patrick, said that the state is prepared to
[01:01:52.640 --> 01:01:57.080]  forfeit billions rather than to let the Obama administration dictate restroom policy for
[01:01:57.080 --> 01:01:59.200]  its 5.2 million students.
[01:01:59.200 --> 01:02:02.820]  Many other governors and state legislators have voiced similar concerns calling this
[01:02:02.820 --> 01:02:10.320]  a blatant overreach of executive powers.
[01:02:10.320 --> 01:02:15.200]  At BMW's annual shareholder meeting yesterday, BMW chairman of the board, Harold Krueger,
[01:02:15.200 --> 01:02:20.800]  detailed BMW's next innovative flagship, iNEXT, an autonomous, intelligent, lightweight electric
[01:02:20.800 --> 01:02:27.600]  car, a combination of BMW's electrified i-brand and the Vision Nex 100 concept car that debuted
[01:02:27.600 --> 01:02:30.020]  with the company's 100th year birthday.
[01:02:30.020 --> 01:02:34.720]  This sci-fi ride will be BMW's answer to the growing number of high-tech, luxurious electric
[01:02:34.720 --> 01:02:56.440]  vehicles running up as the major challenger to Tesla.
[01:03:04.720 --> 01:03:28.480]  Welcome back, you are listening to Rule of Law Radio with Randy Kelton and Zip Pack.
[01:03:28.480 --> 01:03:30.840]  We are talking with Leslie out of Pennsylvania.
[01:03:30.840 --> 01:03:35.720]  Randy, do you want to go ahead and continue?
[01:03:35.720 --> 01:03:40.840]  Randy, are you there?
[01:03:40.840 --> 01:03:46.440]  My bad, I forgot to unmute you, Ms. Leslie.
[01:03:46.440 --> 01:03:55.040]  You can send me some sharp and pointed emails to let me know what a bad boy I've been.
[01:03:55.040 --> 01:04:01.720]  I was telling that on the break, this is Ms. Leslie, the bad grandma, you do not want her
[01:04:01.720 --> 01:04:02.720]  after you.
[01:04:02.720 --> 01:04:03.720]  No, you don't.
[01:04:03.720 --> 01:04:04.720]  Big bad grandma.
[01:04:04.720 --> 01:04:05.720]  Okay, okay, we have this opposition.
[01:04:05.720 --> 01:04:06.720]  Where are you from this point?
[01:04:06.720 --> 01:04:23.720]  Okay, this is going to be filed on the 19th, which is next week, and in the conclusion
[01:04:23.720 --> 01:04:28.320]  of it, basically, I said the court must have dismissed the opposition of the plaintiffs
[01:04:28.320 --> 01:04:35.840]  to the preliminary objections and the motion for summary judgment and this action in foreclosure
[01:04:35.840 --> 01:04:39.120]  due to lack of subject matter jurisdiction.
[01:04:39.120 --> 01:04:44.000]  There is no enforceable mortgage or valid assignment of enforceable mortgage, no joined
[01:04:44.000 --> 01:04:48.960]  indispensable party, no proof of plaintiff's equitable interest in the mortgage, and it's
[01:04:48.960 --> 01:04:53.000]  all required for jurisdiction for foreclosure.
[01:04:53.000 --> 01:04:57.720]  Only a forgery and a counterfeit copy of the note prove any interest whatsoever in this
[01:04:57.720 --> 01:04:58.720]  action.
[01:04:58.720 --> 01:05:02.720]  There has not been any proven jurisdiction of this court in this matter.
[01:05:02.720 --> 01:05:07.720]  The Court of Appeals will not find that differently, nor would the Supreme Court of the United
[01:05:07.720 --> 01:05:08.720]  States.
[01:05:08.720 --> 01:05:09.720]  How's that?
[01:05:09.720 --> 01:05:10.720]  You there?
[01:05:10.720 --> 01:05:11.720]  Are you there?
[01:05:11.720 --> 01:05:14.720]  I'm always impressed with your pleadings.
[01:05:14.720 --> 01:05:31.720]  Well, a lot of pro-says, we get into talking about what we think is right and what we think
[01:05:31.720 --> 01:05:37.320]  is wrong and what's just, and you don't do any of that stuff.
[01:05:37.320 --> 01:05:41.720]  You go right to point of law and you stay with point of law.
[01:05:41.720 --> 01:05:46.000]  They don't care how you feel about it.
[01:05:46.000 --> 01:05:50.080]  Well, yeah, they don't care, right.
[01:05:50.080 --> 01:05:54.000]  And you don't make proactive statements of law out of your own mouth.
[01:05:54.000 --> 01:05:58.920]  All of the things I talk about on this show about how to write good pleadings, you already
[01:05:58.920 --> 01:05:59.920]  do that.
[01:05:59.920 --> 01:06:06.200]  So I read your pleadings and figure out how you did it, and then I talk about it on the
[01:06:06.200 --> 01:06:10.280]  show and pretend like I figured it out.
[01:06:10.280 --> 01:06:12.480]  It's so horrible.
[01:06:12.480 --> 01:06:13.480]  Okay.
[01:06:13.480 --> 01:06:16.800]  So you're going to file this the 19th?
[01:06:16.800 --> 01:06:17.800]  Yes.
[01:06:17.800 --> 01:06:18.800]  Oh, wonderful.
[01:06:18.800 --> 01:06:26.120]  I'd be interested in seeing how the other side responds to it.
[01:06:26.120 --> 01:06:32.280]  I don't know if they can, because this is an answer to their opposition.
[01:06:32.280 --> 01:06:34.400]  And I think that's the end of that.
[01:06:34.400 --> 01:06:37.200]  It's just- Oh, oh, hold on.
[01:06:37.200 --> 01:06:38.200]  My bad.
[01:06:38.200 --> 01:06:39.880]  I thought this was an original pleading.
[01:06:39.880 --> 01:06:44.840]  Reply to plaintiff's opposition to defend its preliminary objections to motion for summary
[01:06:44.840 --> 01:06:45.840]  judgment.
[01:06:45.840 --> 01:06:50.480]  Oh, so they don't get a reply unless the court authorizes it.
[01:06:50.480 --> 01:06:51.480]  Yes.
[01:06:51.480 --> 01:06:53.520]  But this is good.
[01:06:53.520 --> 01:06:54.520]  You get the last word.
[01:06:54.520 --> 01:06:55.520]  Yeah, I like that.
[01:06:55.520 --> 01:06:56.520]  Okay.
[01:06:56.520 --> 01:07:00.720]  Do you have anything else for us, Ms. Leslie?
[01:07:00.720 --> 01:07:05.800]  Well, I have a couple of things.
[01:07:05.800 --> 01:07:09.800]  One quick point is this judge never read any of the pleadings that I put into the court
[01:07:09.800 --> 01:07:10.800]  previously.
[01:07:10.800 --> 01:07:11.800]  Oh, man.
[01:07:11.800 --> 01:07:12.800]  That should get-
[01:07:12.800 --> 01:07:17.560]  That's my judicial conduct complaint, to make sure he read it, because I failed Mr.
[01:07:17.560 --> 01:07:18.560]  Oren.
[01:07:18.560 --> 01:07:19.560]  Wait, wait.
[01:07:19.560 --> 01:07:20.560]  Say that again.
[01:07:20.560 --> 01:07:25.640]  Can you establish affirmatively that he didn't read it?
[01:07:25.640 --> 01:07:32.040]  Well, when you read his orders, you can read that he didn't actually understand anything
[01:07:32.040 --> 01:07:33.040]  that I put in there.
[01:07:33.040 --> 01:07:34.040]  Okay.
[01:07:34.040 --> 01:07:45.320]  I've been researching procedural due process, because we keep having these judges take a
[01:07:45.320 --> 01:07:52.480]  portion of the pleading and address it and then ignore everything else.
[01:07:52.480 --> 01:08:01.040]  And in reading about procedural due process, you have a right to adjudicate your case and
[01:08:01.040 --> 01:08:06.120]  the judge has a duty to address every claim that you make.
[01:08:06.120 --> 01:08:10.960]  He can't be steps over one, then he's denied you and your right to petition the court for
[01:08:10.960 --> 01:08:12.960]  redress of grievance.
[01:08:12.960 --> 01:08:14.200]  Exactly.
[01:08:14.200 --> 01:08:18.240]  That's a procedural due process and that's a crime.
[01:08:18.240 --> 01:08:19.240]  Good.
[01:08:19.240 --> 01:08:20.240]  I'm going to-
[01:08:20.240 --> 01:08:23.480]  Nobody goes after the judge's criminally.
[01:08:23.480 --> 01:08:29.680]  Lawyers would never do it, because they're terrified of them, but in this case, you still
[01:08:29.680 --> 01:08:30.680]  have a lawyer?
[01:08:30.680 --> 01:08:39.720]  I do have a lawyer, he's a very good friend of mine and he's taking care of my appeal
[01:08:39.720 --> 01:08:40.720]  for me.
[01:08:40.720 --> 01:08:41.720]  Oh, okay.
[01:08:41.720 --> 01:08:44.400]  Well, what I was going to say, if you have a lawyer, you have to be careful, make sure
[01:08:44.400 --> 01:08:46.520]  you give him plausible deniability.
[01:08:46.520 --> 01:08:47.520]  Exactly.
[01:08:47.520 --> 01:08:48.520]  That's exactly true.
[01:08:48.520 --> 01:08:54.800]  That's why I did this one myself and I didn't have him do anything with it.
[01:08:54.800 --> 01:08:59.160]  Then he can go in there and say, judge, judge, you've got to bail me out, please.
[01:08:59.160 --> 01:09:06.760]  I've got to quit bad grandma as a client, she's going to clean my plows.
[01:09:06.760 --> 01:09:15.200]  I have a friend in Texas and she has had a, what would you call it, a notice to cure or
[01:09:15.200 --> 01:09:18.200]  a notice, yeah, a notice-
[01:09:18.200 --> 01:09:21.400]  A notice and opportunity, is it a foreclosure case?
[01:09:21.400 --> 01:09:22.400]  Yeah.
[01:09:22.400 --> 01:09:29.800]  But she got it like six years ago or five years ago and it's about the statute of limitations.
[01:09:29.800 --> 01:09:31.680]  So she filed a client-
[01:09:31.680 --> 01:09:40.600]  Notice of acceleration and notice of intent to foreclose and under Texas law, that marks
[01:09:40.600 --> 01:09:43.440]  the tolling of the statute of limitations.
[01:09:43.440 --> 01:09:46.480]  Well, it's beyond that now.
[01:09:46.480 --> 01:09:53.160]  She filed her quiet title and then she sent out, when she filed the client title, she
[01:09:53.160 --> 01:09:57.400]  did it against the servicer who was giving her beans.
[01:09:57.400 --> 01:10:01.760]  So she never got a response from the servicer.
[01:10:01.760 --> 01:10:09.880]  So she filled out motion for default judgment and took that to the court and she said that
[01:10:09.880 --> 01:10:16.120]  on Thursdays, they're supposed to be able to sign all of the orders, but she went to
[01:10:16.120 --> 01:10:21.320]  the court building into another office where there was another judge and they refused to
[01:10:21.320 --> 01:10:22.720]  have anything to do with it.
[01:10:22.720 --> 01:10:26.720]  Then she went into another judge down the hall and he wouldn't sign it.
[01:10:26.720 --> 01:10:30.720]  So I told her, I said, well, maybe it's because it's not the judge's sign to the case.
[01:10:30.720 --> 01:10:37.400]  Well, she was going to go in there yesterday morning, she went in to get the things signed
[01:10:37.400 --> 01:10:41.600]  and lo and behold, he was called out sick.
[01:10:41.600 --> 01:10:47.320]  And now it's been over 20 days since they've had...
[01:10:47.320 --> 01:10:48.320]  Okay.
[01:10:48.320 --> 01:10:55.840]  He might've legitimately already been sick, that's why he wasn't there, but that sounds
[01:10:55.840 --> 01:11:03.520]  if he went to court, I remember her getting that email from her, is she in Dallas or Fort
[01:11:03.520 --> 01:11:04.520]  Worth?
[01:11:04.520 --> 01:11:05.520]  Denton County.
[01:11:05.520 --> 01:11:06.520]  Denton County.
[01:11:06.520 --> 01:11:11.520]  Oh, I know all those guys up there.
[01:11:11.520 --> 01:11:21.240]  I sued them for $11 million once.
[01:11:21.240 --> 01:11:23.520]  Maybe you can do something for her, you know.
[01:11:23.520 --> 01:11:24.520]  Okay.
[01:11:24.520 --> 01:11:25.800]  I will talk to her.
[01:11:25.800 --> 01:11:32.640]  I will call up the court from Ruval Radio, maybe I can get Ken to call from Mockingbird
[01:11:32.640 --> 01:11:33.640]  Films.
[01:11:33.640 --> 01:11:41.080]  And we hear that a judge is calling in sick, hiding from a litigant so that he doesn't
[01:11:41.080 --> 01:11:48.760]  have to sign a default judgment against a lender because the judge has been bought and
[01:11:48.760 --> 01:11:50.560]  paid for.
[01:11:50.560 --> 01:11:55.440]  And I wanted to come down and do a 10 minute YouTube interview.
[01:11:55.440 --> 01:11:59.640]  We got Scott next, maybe we'll get Scott come down there because he's done this, the YouTube
[01:11:59.640 --> 01:12:00.640]  video things.
[01:12:00.640 --> 01:12:01.640]  That sounds fun.
[01:12:01.640 --> 01:12:10.760]  I've done this before, I called Minnesota, Minneapolis and said that I understand that
[01:12:10.760 --> 01:12:17.400]  a judge is trying to kill a woman in court by forcing her to represent herself against
[01:12:17.400 --> 01:12:25.880]  her rich husband in a divorce case while she's in chemotherapy and sick with cancer.
[01:12:25.880 --> 01:12:28.880]  And the clerk said, well, I don't think that's happening.
[01:12:28.880 --> 01:12:30.480]  I said, who cares?
[01:12:30.480 --> 01:12:35.200]  It's going to make a great story.
[01:12:35.200 --> 01:12:41.200]  The next Monday, the judge, he wouldn't give them a continuance so she could get a lawyer.
[01:12:41.200 --> 01:12:47.000]  The next Monday, he walks into the courtroom, they said he stormed in, grabbed the gavel
[01:12:47.000 --> 01:12:54.720]  and said, 60 day continuance, you, when you come back, have a lawyer, bam, and he stormed
[01:12:54.720 --> 01:12:57.240]  down to the court.
[01:12:57.240 --> 01:13:01.200]  So this kind of thing works and if I do it, they'll know who I am.
[01:13:01.200 --> 01:13:08.880]  Okay, this could be a lot of fun, have her send me another email and bring me up to date
[01:13:08.880 --> 01:13:14.280]  and I'll do some calling Monday.
[01:13:14.280 --> 01:13:22.080]  And I am stirring up so much stink here right now that I've got all of these JPs and judges
[01:13:22.080 --> 01:13:23.080]  on edge.
[01:13:23.080 --> 01:13:25.360]  So I'm filing against everybody.
[01:13:25.360 --> 01:13:30.520]  I just filed first degree felony aggravated assault against my judge just for being a
[01:13:30.520 --> 01:13:31.520]  smart mouth.
[01:13:31.520 --> 01:13:37.640]  I filed against the Texas Ranger and the department, the director of the Department of Public Safety.
[01:13:37.640 --> 01:13:44.400]  That's in the hands of a grand jury as we speak and I'm going after the federal judge
[01:13:44.400 --> 01:13:45.400]  in the state.
[01:13:45.400 --> 01:13:48.960]  I'm going to file against the federal judge with the state grand jury.
[01:13:48.960 --> 01:13:51.800]  So I'm really kind of stirring things up.
[01:13:51.800 --> 01:13:55.120]  It'd be a real good time for me to sting Denton County again.
[01:13:55.120 --> 01:13:59.820]  Randy, could you tell our listeners exactly what is plausible?
[01:13:59.820 --> 01:14:03.080]  You mentioned something about it to Leslie.
[01:14:03.080 --> 01:14:06.040]  Did you give your attorney a plausible denial?
[01:14:06.040 --> 01:14:07.040]  What exactly?
[01:14:07.040 --> 01:14:08.040]  Could you?
[01:14:08.040 --> 01:14:09.040]  Possible.
[01:14:09.040 --> 01:14:10.040]  Yeah, plausible deniability.
[01:14:10.040 --> 01:14:11.040]  Okay.
[01:14:11.040 --> 01:14:12.040]  He don't understand.
[01:14:12.040 --> 01:14:13.040]  He's human majority.
[01:14:13.040 --> 01:14:14.040]  Yeah.
[01:14:14.040 --> 01:14:18.840]  What do you want me to do, judge?
[01:14:18.840 --> 01:14:21.080]  You can't blame me.
[01:14:21.080 --> 01:14:25.440]  I got this unruly client head over here.
[01:14:25.440 --> 01:14:32.880]  When you go into court, you can think of the court like a four-sided chessboard.
[01:14:32.880 --> 01:14:40.480]  You're sitting at the table, to your right is your lawyer, to your left is opposing counsel,
[01:14:40.480 --> 01:14:43.360]  across from you is the judge.
[01:14:43.360 --> 01:14:45.960]  You have a relationship with your lawyer.
[01:14:45.960 --> 01:14:49.080]  Your lawyer has a relationship with you.
[01:14:49.080 --> 01:14:52.760]  He has a relationship with opposing counsel because they are across from each other all
[01:14:52.760 --> 01:14:53.760]  the time.
[01:14:53.760 --> 01:14:54.760]  Sometimes they work together.
[01:14:54.760 --> 01:14:59.480]  He has a relationship with the judge because he's in front of them all the time.
[01:14:59.480 --> 01:15:01.840]  You're the odd man out.
[01:15:01.840 --> 01:15:09.200]  If you're going to win your case, you have to get into these relationships and the way
[01:15:09.200 --> 01:15:16.400]  to use these relationships is you kick your lawyer in the seat of his pants or you give
[01:15:16.400 --> 01:15:21.360]  him reason to believe you're going to kick him in the seat of his pants.
[01:15:21.360 --> 01:15:28.600]  Like if you don't do what I tell you to, I'm going to bargain with you out of business.
[01:15:28.600 --> 01:15:32.720]  Now he goes to the judge and says, judge, judge, judge, you've got to help me out here.
[01:15:32.720 --> 01:15:37.440]  I got this no good rotten client who's going to kick my behind.
[01:15:37.440 --> 01:15:42.400]  You need to cut me some slack in this one and I'll pay you back in the next one.
[01:15:42.400 --> 01:15:48.000]  Now that may not be right, but that's how it works in the world we live in.
[01:15:48.000 --> 01:15:57.760]  If you don't give your lawyer plausible deniability, the judge is going to be all over him.
[01:15:57.760 --> 01:16:00.400]  If we have a lawyer, we want to protect him.
[01:16:00.400 --> 01:16:03.640]  He doesn't always like it.
[01:16:03.640 --> 01:16:08.880]  I had one, they appointed me a lawyer on a case in Austin when the DPS smashed me into
[01:16:08.880 --> 01:16:17.520]  a building and broke one of my teeth after I'd called 911 on them.
[01:16:17.520 --> 01:16:24.200]  He told me 20 times if he told me once, you're going to get me disbarred.
[01:16:24.200 --> 01:16:29.160]  They dismissed my case to protect my lawyer from me.
[01:16:29.160 --> 01:16:36.120]  That's plausible deniability and that's in the section on how to handle your lawyer.
[01:16:36.120 --> 01:16:39.080]  Hang on, Ms. Leslie, we're about to go to break.
[01:16:39.080 --> 01:16:43.080]  Scott, I see you there, urban Nevada, we'll get to both of you.
[01:16:43.080 --> 01:16:46.040]  Scott, we have some stuff for you anyway.
[01:16:46.040 --> 01:16:47.960]  We will pick this up on the other side.
[01:16:47.960 --> 01:16:49.680]  You want to bring us out?
[01:16:49.680 --> 01:16:50.680]  No, it's too late.
[01:16:50.680 --> 01:16:53.400]  I've been running up and down all the time.
[01:16:53.400 --> 01:17:01.680]  Ready to count back, we love radio, we'll be right back.
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[01:18:00.520 --> 01:18:05.200]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:18:49.840 --> 01:18:58.840]  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
[01:18:58.840 --> 01:19:11.720]  collectors now.
[01:19:28.840 --> 01:19:41.960]  Welcome back to Rule of Law Radio with Randy Kelton, Vet Pack, and we are listening to
[01:19:41.960 --> 01:19:42.960]  Leslie from Pennsylvania.
[01:19:42.960 --> 01:19:45.880]  Leslie, I believe you have one more question left.
[01:19:45.880 --> 01:19:48.960]  Let's go ahead and hear that so we can get on with our other listeners.
[01:19:48.960 --> 01:19:49.960]  Oh, no.
[01:19:49.960 --> 01:19:55.560]  You've answered all my questions, and if Randy will help our friend in Denton County, that
[01:19:55.560 --> 01:19:57.560]  will be a hoot.
[01:19:57.560 --> 01:20:01.200]  That's great, yeah, I'm sure he will.
[01:20:01.200 --> 01:20:05.400]  Yeah, I'll have fun with that.
[01:20:05.400 --> 01:20:08.640]  When I sued Denton County, it was a hoot.
[01:20:08.640 --> 01:20:14.760]  I sued my worst nightmare.
[01:20:14.760 --> 01:20:24.320]  The county judge in the minutes when they were assigning the district attorney to represent
[01:20:24.320 --> 01:20:29.840]  the county, he said, who is this my worst nightmare?
[01:20:29.840 --> 01:20:35.120]  The lawyer said, well, apparently someone introduced himself to Mr. Kelton as his worst
[01:20:35.120 --> 01:20:36.120]  nightmare.
[01:20:36.120 --> 01:20:42.360]  The judge said, yes, and I have a bone to pick with him.
[01:20:42.360 --> 01:20:45.440]  That was great fun.
[01:20:45.440 --> 01:20:53.560]  I dismissed the case because the lawyer got all of the litigants to lie to the court.
[01:20:53.560 --> 01:21:00.000]  And I told the judge that I filed this case to correct something that was wrong, not to
[01:21:00.000 --> 01:21:02.480]  harm any of these litigants.
[01:21:02.480 --> 01:21:09.200]  This lawyer over here convinced all of these litigants to lie to the court.
[01:21:09.200 --> 01:21:13.840]  And if I pursue this, I'll have to pursue them for aggravated perjury.
[01:21:13.840 --> 01:21:19.440]  And I gave a promise to one of the litigants that I would not allow this to harm her.
[01:21:19.440 --> 01:21:22.680]  So I dismissed the case.
[01:21:22.680 --> 01:21:24.960]  I'll go back and get them later.
[01:21:24.960 --> 01:21:25.960]  Okay.
[01:21:25.960 --> 01:21:26.960]  Thank you, Ms. Leslie.
[01:21:26.960 --> 01:21:27.960]  Okay.
[01:21:27.960 --> 01:21:28.960]  Thank you.
[01:21:28.960 --> 01:21:29.960]  Bye-bye.
[01:21:29.960 --> 01:21:30.960]  Okay.
[01:21:30.960 --> 01:21:35.280]  Vette, you want to bring in Scott from Texas.
[01:21:35.280 --> 01:21:42.840]  I've got him unmuted and that could be dangerous.
[01:21:42.840 --> 01:21:43.840]  It always is.
[01:21:43.840 --> 01:21:44.840]  Hello, Scott.
[01:21:44.840 --> 01:21:45.840]  Scott, how are you doing?
[01:21:45.840 --> 01:21:46.840]  I'm doing well.
[01:21:46.840 --> 01:21:56.800]  Well, what I wanted to talk about is go ahead and getting started on the lawsuit with the
[01:21:56.800 --> 01:21:59.800]  city of Addison.
[01:21:59.800 --> 01:22:07.200]  So I have, you know, I have all the timeline and everything put together and we'll spend
[01:22:07.200 --> 01:22:09.000]  together for a while now.
[01:22:09.000 --> 01:22:15.560]  And I'm just kind of wanting to, you had said you'd go ahead and present a tort letter
[01:22:15.560 --> 01:22:17.680]  first, correct?
[01:22:17.680 --> 01:22:21.880]  Yes, that is a requirement.
[01:22:21.880 --> 01:22:24.160]  This is kind of universal around the country.
[01:22:24.160 --> 01:22:32.320]  It is a state requirement, but most every state has the same requirement is before you
[01:22:32.320 --> 01:22:44.120]  can sue a governmental agency or a public official, you must give them notice and opportunity
[01:22:44.120 --> 01:22:50.640]  by way of a tort letter and you must give them at least 60 days to respond.
[01:22:50.640 --> 01:22:51.640]  Okay.
[01:22:51.640 --> 01:22:59.120]  So what I generally do when I construct a tort letter is I literally write up the suit
[01:22:59.120 --> 01:23:02.520]  I intend to file.
[01:23:02.520 --> 01:23:08.120]  I started off with a statement of the case, a brief statement of the case and then a statement
[01:23:08.120 --> 01:23:14.640]  of facts and a statement of factual accusation or argument in support.
[01:23:14.640 --> 01:23:23.280]  And then I'd list out all of the causes of action and then I put in the prayer and ask
[01:23:23.280 --> 01:23:28.320]  the judge for what I want them to give me as an ending, as an end result.
[01:23:28.320 --> 01:23:29.320]  Okay.
[01:23:29.320 --> 01:23:30.320]  So I've got my lawsuit.
[01:23:30.320 --> 01:23:36.040]  Then I take the court heading off the top and put a business letter heading on the top.
[01:23:36.040 --> 01:23:43.440]  I take out this section that says plaintiffs and defendants and the section on jurisdiction.
[01:23:43.440 --> 01:23:46.000]  I take that off the top of it.
[01:23:46.000 --> 01:23:50.360]  So it starts out with this brief statement of the case and then goes to a statement of
[01:23:50.360 --> 01:23:51.360]  facts.
[01:23:51.360 --> 01:24:00.680]  And then at the end, I take the prayer and change it for the demand to make me whole.
[01:24:00.680 --> 01:24:05.000]  And in there, what I put in, what I had in the prayer tells them this is what I want
[01:24:05.000 --> 01:24:12.800]  to make me whole and then, and it ends with make me whole or be sued, send it to them.
[01:24:12.800 --> 01:24:17.840]  When the lawyer gets it, you know, it's not just a business letter, you know, huffing
[01:24:17.840 --> 01:24:20.920]  and puffing and griping and groaning.
[01:24:20.920 --> 01:24:23.520]  He's looking at a lawsuit.
[01:24:23.520 --> 01:24:28.880]  So when you tell him make me whole or be sued, he's going to tell the mayor, this guy's not
[01:24:28.880 --> 01:24:31.400]  kidding.
[01:24:31.400 --> 01:24:41.160]  He's already got it written and they will always either ignore it or deny it because
[01:24:41.160 --> 01:24:44.880]  they believe they will always be protected.
[01:24:44.880 --> 01:24:53.840]  So how do we craft a suit that sticks?
[01:24:53.840 --> 01:25:03.440]  One way is subject matter jurisdiction, you have to get them out from under their immunity.
[01:25:03.440 --> 01:25:14.880]  And when you accuse them at each step of violating law, that takes them outside of scope.
[01:25:14.880 --> 01:25:22.320]  Primary case on that's out of El Paso, a sheriff's deputy picks up a 19 year old woman from one
[01:25:22.320 --> 01:25:28.520]  jail and is transporting her to another jail and decides on a little recreation in between
[01:25:28.520 --> 01:25:32.920]  he stops and rapes her on the way to the second jail.
[01:25:32.920 --> 01:25:44.040]  Well she sued and the officer claimed immunity and the judge said that rape is not within
[01:25:44.040 --> 01:25:45.040]  scope.
[01:25:45.040 --> 01:25:53.560]  You know he claimed that he was on duty acting in his official capacity and as long as you're
[01:25:53.560 --> 01:25:59.160]  acting within the scope of your official capacity you're immune from suit if you're a police
[01:25:59.160 --> 01:26:00.160]  officer.
[01:26:00.160 --> 01:26:07.120]  And he said rape is not within scope, essentially committing crimes is not within scope, no
[01:26:07.120 --> 01:26:16.360]  one is authorized to do that and there is no immunity from criminal behavior, at least
[01:26:16.360 --> 01:26:18.080]  no legal immunity.
[01:26:18.080 --> 01:26:25.880]  So you've already filed complaints against these guys, criminal complaints.
[01:26:25.880 --> 01:26:27.560]  Correct.
[01:26:27.560 --> 01:26:36.400]  And you'll be filing criminal complaints against the judge for not acting on the criminal complaints.
[01:26:36.400 --> 01:26:47.520]  Now you back up and show a pattern of criminal conduct and that goes to Rico when you have
[01:26:47.520 --> 01:26:57.120]  two or more people perpetrating predicate acts in furtherance of an ongoing criminal
[01:26:57.120 --> 01:27:00.680]  conspiracy that's what amounts to Rico.
[01:27:00.680 --> 01:27:09.880]  I had an Oklahoma judge tell me once that when you file a Rico suit it's like dropping
[01:27:09.880 --> 01:27:22.960]  an atomic bomb, terrifies everybody, especially when you're claiming very specific criminal
[01:27:22.960 --> 01:27:23.960]  acts.
[01:27:23.960 --> 01:27:32.120]  I have a case indicator and I've been extremely careful, this is a perfect case because I
[01:27:32.120 --> 01:27:38.200]  was pulled over about two in the morning after I dropped my wife off at work and given a
[01:27:38.200 --> 01:27:48.920]  ticket because my registration was expired and it was expired for six months and went
[01:27:48.920 --> 01:27:57.280]  to the, you know, I had to sign the ticket and agreed to appear before the court on or
[01:27:57.280 --> 01:28:00.040]  before the 12th day of May.
[01:28:00.040 --> 01:28:05.720]  So a couple of days later I went to the court and asked to see a magistrate, well we don't
[01:28:05.720 --> 01:28:11.160]  have a magistrate here, well keep me one, I want to see one, but we can't find one,
[01:28:11.160 --> 01:28:17.120]  there's no one done here, so well, I come here to see a magistrate, they didn't know
[01:28:17.120 --> 01:28:19.760]  what I was doing.
[01:28:19.760 --> 01:28:29.960]  But in order to sign, when you sign the citation they can only authorize, I'm sorry, they are
[01:28:29.960 --> 01:28:41.800]  only authorized to release you on a promise to appear not just before a court of jurisdiction,
[01:28:41.800 --> 01:28:49.720]  but before a magistrate with jurisdiction in the county where the offense has occurred.
[01:28:49.720 --> 01:28:53.360]  Magistrate, not a judge.
[01:28:53.360 --> 01:29:00.320]  So I went to appear before a magistrate, didn't show up and then I filed a couple of information
[01:29:00.320 --> 01:29:07.560]  requests requesting certification of officers authorizing them to enforce the traffic code.
[01:29:07.560 --> 01:29:13.960]  And the chief of police I know personally, he is really doing a chicken dance, he's a
[01:29:13.960 --> 01:29:18.120]  pretty big guy, he's fun to watch doing a chicken dance.
[01:29:18.120 --> 01:29:24.360]  Rex Hoskins, I've known him a long time and he's really dancing trying to find a way to
[01:29:24.360 --> 01:29:29.440]  show authority to enforce, but I got all the code in front of him.
[01:29:29.440 --> 01:29:38.960]  So this I'm leading up to, charging them criminally when they've done nothing leading the malicious.
[01:29:38.960 --> 01:29:43.000]  And that's the good part about this room, everybody's been very professional, they're
[01:29:43.000 --> 01:29:45.160]  just following policy.
[01:29:45.160 --> 01:29:49.040]  So this one will be interesting to see how it shakes out.
[01:29:49.040 --> 01:29:51.400]  You have more mean and malicious stuff.
[01:29:51.400 --> 01:29:58.640]  Hang on, Randy Kelton, that fact about radio, I call it number 512-646-1984, we'll be right
[01:29:58.640 --> 01:29:59.640]  back.
[01:29:59.640 --> 01:30:07.200]  With all the immigrants begging to come to America, you'd think people who were born
[01:30:07.200 --> 01:30:09.680]  here would be counting their lucky stars.
[01:30:09.680 --> 01:30:13.720]  So why then are record numbers of Americans renouncing their U.S. citizenship?
[01:30:13.720 --> 01:30:17.880]  I'm Dr. Catherine Albrecht, back with the answer next.
[01:30:17.880 --> 01:30:19.600]  Privacy is under attack.
[01:30:19.600 --> 01:30:23.200]  When you give up data about yourself, you'll never get it back again.
[01:30:23.200 --> 01:30:28.200]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:28.200 --> 01:30:33.480]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:33.480 --> 01:30:35.960]  Privacy, it's worth hanging on to.
[01:30:35.960 --> 01:30:41.560]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[01:30:41.560 --> 01:30:43.320]  Yahoo, and Bing.
[01:30:43.320 --> 01:30:47.280]  Start over with StartPage.
[01:30:47.280 --> 01:30:52.560]  Last year, 1,800 Americans living overseas renounced their citizenship, a record number.
[01:30:52.560 --> 01:30:54.600]  Do these folks just hate our country?
[01:30:54.600 --> 01:30:58.360]  No, but they're fed up with burdensome tax laws.
[01:30:58.360 --> 01:31:02.640]  Most countries don't force citizens living abroad to pay federal taxes, but the U.S.
[01:31:02.640 --> 01:31:03.640]  does.
[01:31:03.640 --> 01:31:08.480]  In fact, since 2004, the government has hit Americans living overseas with steep fines
[01:31:08.480 --> 01:31:13.800]  and criminal charges, even forcing them to disclose information on spouses who are foreign
[01:31:13.800 --> 01:31:14.800]  nationals.
[01:31:14.800 --> 01:31:19.520]  It's high time the U.S. got off the backs of Americans living overseas, and come to
[01:31:19.520 --> 01:31:21.400]  think of it, the rest of ours too.
[01:31:21.400 --> 01:31:31.600]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.600 --> 01:31:36.960]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.960 --> 01:31:39.240]  The government says that fire brought it down.
[01:31:39.240 --> 01:31:44.040]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:44.040 --> 01:31:46.680]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.680 --> 01:31:49.480]  And thousands of my fellow force responders are dying.
[01:31:49.480 --> 01:31:50.960]  I'm not a conspiracy theorist.
[01:31:50.960 --> 01:31:51.960]  I'm a structural engineer.
[01:31:51.960 --> 01:31:53.280]  I'm a New York City correction officer.
[01:31:53.280 --> 01:31:54.280]  I'm an Air Force pilot.
[01:31:54.280 --> 01:31:56.000]  I'm a father who lost his son.
[01:31:56.000 --> 01:31:58.560]  We're Americans, and we deserve the truth.
[01:31:58.560 --> 01:32:00.560]  Go to RememberBuilding7.org today.
[01:32:00.560 --> 01:32:03.840]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:03.840 --> 01:32:07.200]  Did your home receive hail or wind damage from the recent storms?
[01:32:07.200 --> 01:32:10.840]  Come on, we all know the government caused it with their chemtrails, but good luck getting
[01:32:10.840 --> 01:32:11.840]  them to pay for it.
[01:32:11.840 --> 01:32:15.480]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[01:32:15.480 --> 01:32:19.280]  That's why you have insurance, and Hill Country Home Improvements can handle the claim for
[01:32:19.280 --> 01:32:22.040]  you with little to no out-of-pocket expense.
[01:32:22.040 --> 01:32:26.320]  And we accept Bitcoin as a multi-year A-plus member of the Better Business Bureau with
[01:32:26.320 --> 01:32:27.640]  zero complaints.
[01:32:27.640 --> 01:32:32.000]  You can trust Hill Country Home Improvements to handle your claim and your roof right the
[01:32:32.000 --> 01:32:33.080]  first time.
[01:32:33.080 --> 01:32:41.720]  Just call 512-992-8745, or go to hillcountryhomeimprovements.com, mention the crypto show, and get $100 off.
[01:32:41.720 --> 01:32:46.320]  And we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:46.320 --> 01:32:51.400]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:51.400 --> 01:32:57.440]  That's 512-992-8745, or hillcountryhomeimprovements.com.
[01:32:57.440 --> 01:32:59.720]  Discounts are based on full roof replacement.
[01:32:59.720 --> 01:33:04.040]  May not actually be kidding about chemtrails.
[01:33:04.040 --> 01:33:05.040]  Looking for some truth?
[01:33:05.040 --> 01:33:08.040]  You found it.
[01:33:08.040 --> 01:33:29.400]  That's 512-992-8745, or hillcountryhomeimprovements.com.
[01:33:29.400 --> 01:33:34.080]  You are listening to Rule of Law Radio with Randy Tilton and Vet Pack.
[01:33:34.080 --> 01:33:36.760]  Scott, actually I have a question for you.
[01:33:36.760 --> 01:33:43.760]  You've been taking on a case with speed and speed limit signs, and I wanted to know how
[01:33:43.760 --> 01:33:46.080]  do you go about- Hold on, Vet.
[01:33:46.080 --> 01:33:52.480]  Before you ask that, explain the conversation we had on the break about this DPS officer
[01:33:52.480 --> 01:33:53.480]  you talked to.
[01:33:53.480 --> 01:33:54.480]  Okay.
[01:33:54.480 --> 01:33:55.480]  Okay.
[01:33:55.480 --> 01:34:02.760]  So I just in conversation happened to be friends with a state trooper and asked him, you know,
[01:34:02.760 --> 01:34:07.640]  there's speed limit, you know, signs out there, and I'm sure that you as a state trooper know
[01:34:07.640 --> 01:34:12.240]  the laws and the codes better than maybe a normal, you know, city trooper, what have
[01:34:12.240 --> 01:34:13.240]  you.
[01:34:13.240 --> 01:34:18.640]  And I wanted to know, have you ever heard of the commerce driving speed limit being
[01:34:18.640 --> 01:34:20.640]  more commerce only?
[01:34:20.640 --> 01:34:26.960]  And he said, no, I've never heard of that code, and that has never been brought up around
[01:34:26.960 --> 01:34:27.960]  me.
[01:34:27.960 --> 01:34:28.960]  I've never heard of that.
[01:34:28.960 --> 01:34:35.160]  So I wanted to know, since, Scott, you've gone through this, you know, where has it
[01:34:35.160 --> 01:34:37.600]  gotten you taking it to court?
[01:34:37.600 --> 01:34:43.600]  Well, first off, let's just clarify what the actual signs that- what the actual law says
[01:34:43.600 --> 01:34:44.600]  for speed signs.
[01:34:44.600 --> 01:34:50.520]  I'll read it because I have the book, 201.904, speed signs, the department shall erect and
[01:34:50.520 --> 01:34:55.480]  maintain on the highways and roads of this state appropriate signs that show the maximum
[01:34:55.480 --> 01:35:03.000]  lawful speed for commercial motor vehicles, truck tractors, truck trailers, truck semi-trailers,
[01:35:03.000 --> 01:35:08.320]  and motor vehicles engaged in the business of transporting passengers for compensation
[01:35:08.320 --> 01:35:10.320]  or hire, aka, buses.
[01:35:10.320 --> 01:35:14.560]  Now, where does it say a person's car or truck?
[01:35:14.560 --> 01:35:16.680]  It does not state that at all.
[01:35:16.680 --> 01:35:19.680]  It's strictly commercial vehicles.
[01:35:19.680 --> 01:35:28.040]  So, Mr. Officer, can you please tell me your make model and the color of the bus I was
[01:35:28.040 --> 01:35:34.800]  driving for you to pull me over for allegedly speeding and violating that posted speed sign?
[01:35:34.800 --> 01:35:35.800]  Wait.
[01:35:35.800 --> 01:35:36.800]  Hold on.
[01:35:36.800 --> 01:35:37.800]  Hold on.
[01:35:37.800 --> 01:35:41.240]  Another question you need to ask.
[01:35:41.240 --> 01:35:51.160]  Where in law is the state authorized to erect speed limit signs that apply to non-commercial
[01:35:51.160 --> 01:35:56.720]  traffic?
[01:35:56.720 --> 01:36:02.160]  That's the question you need to ask because he's going to say this doesn't apply just
[01:36:02.160 --> 01:36:04.880]  to commercial traffic.
[01:36:04.880 --> 01:36:06.240]  This applies to everybody.
[01:36:06.240 --> 01:36:13.120]  So okay, I see where you have authority to erect signs for commercial traffic.
[01:36:13.120 --> 01:36:18.120]  Where do you have authority to erect signs for non-commercial traffic?
[01:36:18.120 --> 01:36:21.880]  Does that make sense, Scott?
[01:36:21.880 --> 01:36:26.200]  Well, yeah, I agree with it because I know it pretty well.
[01:36:26.200 --> 01:36:30.520]  So that's, you know, it's just a thing though.
[01:36:30.520 --> 01:36:33.920]  You can't educate the cop on the side of the road or you get your window smashed.
[01:36:33.920 --> 01:36:34.920]  Yeah.
[01:36:34.920 --> 01:36:35.920]  Trust me.
[01:36:35.920 --> 01:36:36.920]  Hold on.
[01:36:36.920 --> 01:36:37.920]  This was 601.904.
[01:36:37.920 --> 01:36:38.920]  601.904.
[01:36:38.920 --> 01:36:39.920]  Okay.
[01:36:39.920 --> 01:36:40.920]  Good.
[01:36:40.920 --> 01:36:41.920]  So anyhow.
[01:36:41.920 --> 01:36:42.920]  Go ahead.
[01:36:42.920 --> 01:36:43.920]  Go ahead.
[01:36:43.920 --> 01:36:44.920]  Talk, Scott.
[01:36:44.920 --> 01:36:45.920]  I'm choking here.
[01:36:45.920 --> 01:36:46.920]  Okay.
[01:36:46.920 --> 01:36:47.920]  Got you.
[01:36:47.920 --> 01:37:02.920]  So, but anyhow, that's what we are, the office of the state is, you know, that's what we
[01:37:02.920 --> 01:37:12.520]  are, the officers need to, they are supposed to know the law and their job to know what
[01:37:12.520 --> 01:37:14.560]  this book says and to go-
[01:37:14.560 --> 01:37:15.560]  Wait, wait, wait.
[01:37:15.560 --> 01:37:16.560]  Hold on, Scott.
[01:37:16.560 --> 01:37:20.640]  Explain why they're screwed if they don't.
[01:37:20.640 --> 01:37:26.280]  Because if they don't know the law, then they shouldn't be out there enforcing the law.
[01:37:26.280 --> 01:37:32.840]  No, I was referring to, I actually found a citation that you put in on Screws v. U.F.
[01:37:32.840 --> 01:37:33.840]  S.
[01:37:33.840 --> 01:37:34.840]  Oh, well, yeah.
[01:37:34.840 --> 01:37:35.840]  Let's see.
[01:37:35.840 --> 01:37:36.840]  Okay.
[01:37:36.840 --> 01:37:37.840]  Here's what it says.
[01:37:37.840 --> 01:37:38.840]  This is, okay.
[01:37:38.840 --> 01:37:39.840]  This is a 1943 case.
[01:37:39.840 --> 01:37:40.840]  Mississippi.
[01:37:40.840 --> 01:37:54.560]  Two guys, I mean, a sheriff and two deputies in a bar drinking, they're upset that this
[01:37:54.560 --> 01:37:56.360]  black guy they're going to go arrest him.
[01:37:56.360 --> 01:37:58.200]  The bartender tries to talk them out of it.
[01:37:58.200 --> 01:37:59.200]  They won't be dissuaded.
[01:37:59.200 --> 01:38:05.160]  They arrest a guy, wind up beaten into death on the courthouse steps.
[01:38:05.160 --> 01:38:07.080]  They're prosecuted criminally.
[01:38:07.080 --> 01:38:10.320]  They're sued in the state and then they're sued in the Fed.
[01:38:10.320 --> 01:38:16.520]  Well, they came into the Fed court and said that they didn't have adequate notice that
[01:38:16.520 --> 01:38:20.720]  they could be sued in the Fed as well as the state.
[01:38:20.720 --> 01:38:28.160]  And apparently the Supreme was not in a very good mood that day because they said that
[01:38:28.160 --> 01:38:34.400]  a private citizen cannot claim, they said, while a private citizen cannot claim ignorance
[01:38:34.400 --> 01:38:41.440]  of the law as a defense to prosecution, a public official is held to a much higher standard.
[01:38:41.440 --> 01:38:49.360]  I wish I had the citation in front of me.
[01:38:49.360 --> 01:38:58.240]  And while the, anyway, in the end it says, if a public official violates a ruling of
[01:38:58.240 --> 01:39:05.920]  this court and he be sane, he may not be heard to say he knows not what he does.
[01:39:05.920 --> 01:39:14.000]  Now that says that not only must they know the law, the statute, they must know the case
[01:39:14.000 --> 01:39:17.640]  law that applies to those statutes.
[01:39:17.640 --> 01:39:20.920]  If not, they're screwed.
[01:39:20.920 --> 01:39:26.200]  Okay, go ahead, Scott.
[01:39:26.200 --> 01:39:27.200]  I interrupted you again.
[01:39:27.200 --> 01:39:28.200]  No, no, no, no.
[01:39:28.200 --> 01:39:35.920]  So anyhow, well, let's just, so getting back to the tort letter, so then I get the tort
[01:39:35.920 --> 01:39:43.720]  letter filed and I just kind of need to get a little bit of guidance on putting that together.
[01:39:43.720 --> 01:39:50.520]  And after that, it'll just be the typical game on how that goes.
[01:39:50.520 --> 01:39:55.800]  This is how we, the best way to think about it.
[01:39:55.800 --> 01:39:56.800]  Okay.
[01:39:56.800 --> 01:39:57.800]  Okay.
[01:39:57.800 --> 01:40:03.280]  We pretty well know that we're going to get ruled against in the trial court.
[01:40:03.280 --> 01:40:09.640]  You always go in expecting the trial court to rule against you out of hand at every turn.
[01:40:09.640 --> 01:40:15.440]  So your purpose in the trial court is putting the facts and the law on the record.
[01:40:15.440 --> 01:40:16.480]  Okay.
[01:40:16.480 --> 01:40:22.320]  But it's not just setting the record.
[01:40:22.320 --> 01:40:28.680]  You have to understand and the politics of the court of appeals.
[01:40:28.680 --> 01:40:33.400]  This is, they have a different agenda than the trial court does.
[01:40:33.400 --> 01:40:38.440]  The trial court, he tries to adjudicate this case and get rid of it.
[01:40:38.440 --> 01:40:43.720]  Court of appeals, they do something else all together.
[01:40:43.720 --> 01:40:53.520]  Court of appeals, they have to maintain the stare decisis, the corpus jurus, the body of
[01:40:53.520 --> 01:40:59.800]  law, the case law as it applies to the body of law.
[01:40:59.800 --> 01:41:07.080]  You want to look for decisions that you want to ask them to make where if they rule against
[01:41:07.080 --> 01:41:10.160]  you, they create stare decisis.
[01:41:10.160 --> 01:41:13.800]  They create case law that other lawyers can use.
[01:41:13.800 --> 01:41:21.360]  So you want it so that if they rule against you, they undermine the corpus jurus.
[01:41:21.360 --> 01:41:27.200]  They create a situation where a shyster can take their ruling and really screw up the
[01:41:27.200 --> 01:41:29.920]  jurisprudence.
[01:41:29.920 --> 01:41:35.640]  Not just anything you can find where they violate a law or rule, but something that
[01:41:35.640 --> 01:41:48.960]  will, where they will have to rule against a primary function of the judicial system.
[01:41:48.960 --> 01:41:49.960]  Like due process.
[01:41:49.960 --> 01:41:57.320]  Due process is the best because due process comes down to the state from the fed.
[01:41:57.320 --> 01:42:05.560]  And if they, the judge fails to follow the rules and in the process denies you in a right,
[01:42:05.560 --> 01:42:12.800]  it's a procedural due process violation for which you can sue him, but it's also a crime.
[01:42:12.800 --> 01:42:21.120]  So look for the ones that would be the most onerous for the court of appeals to rule against
[01:42:21.120 --> 01:42:22.120]  you.
[01:42:22.120 --> 01:42:23.120]  Does that make sense?
[01:42:23.120 --> 01:42:24.120]  Scott?
[01:42:24.120 --> 01:42:25.120]  Yes.
[01:42:25.120 --> 01:42:26.120]  Okay.
[01:42:26.120 --> 01:42:32.800]  You've already figured out that you're going to get more things to file complaints about
[01:42:32.800 --> 01:42:35.920]  than you can keep up with.
[01:42:35.920 --> 01:42:36.920]  Oh, good.
[01:42:36.920 --> 01:42:37.920]  Yeah.
[01:42:37.920 --> 01:42:41.000]  Man, I've got like complaints coming out my ears.
[01:42:41.000 --> 01:42:42.000]  Yeah.
[01:42:42.000 --> 01:42:43.000]  So that's never a problem.
[01:42:43.000 --> 01:42:46.840]  You know, when we start out, we're trying to find a complaint to file.
[01:42:46.840 --> 01:42:47.840]  That's easy.
[01:42:47.840 --> 01:42:49.520]  You're going to get lots of them.
[01:42:49.520 --> 01:42:57.720]  The trick is sorting through all of the plethora of complaints and picking out the ones that
[01:42:57.720 --> 01:43:05.040]  point directly to the claim you want to make and support your underlying claim.
[01:43:05.040 --> 01:43:14.080]  And I'm looking at the traffic courts are merely a fund generating engine.
[01:43:14.080 --> 01:43:22.440]  They're an income source and the government is forbidden to do that.
[01:43:22.440 --> 01:43:27.800]  But the municipal courts use this to generate an unauthorized tax.
[01:43:27.800 --> 01:43:33.920]  And then you from there, you show how they violate all these laws in order to put people
[01:43:33.920 --> 01:43:38.880]  in a position to where the only thing they can do is pay the fine.
[01:43:38.880 --> 01:43:39.880]  Hang on.
[01:43:39.880 --> 01:43:40.880]  About to go to Graham.
[01:43:40.880 --> 01:43:43.400]  You want to bring us out, Beth?
[01:43:43.400 --> 01:43:44.400]  Sure.
[01:43:44.400 --> 01:43:49.280]  If you're listening to Rule of Law Radio, this is Brandi Kelton, Beth Pack.
[01:43:49.280 --> 01:43:56.600]  Please call us at 512-646-1984.
[01:43:56.600 --> 01:44:00.320]  We'll be right back.
[01:44:00.320 --> 01:44:03.880]  You feel tired when talking about important topics like money and politics?
[01:44:03.880 --> 01:44:04.880]  Sorry.
[01:44:04.880 --> 01:44:07.680]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.680 --> 01:44:08.680]  What?
[01:44:08.680 --> 01:44:12.520]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
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[01:46:22.280 --> 01:46:44.520]  Rule of Law Radio, this is Randy Kelton, Vet Pack, and we are talking with Scott right
[01:46:44.520 --> 01:46:45.520]  now.
[01:46:45.520 --> 01:46:48.520]  Okay, Scott, go ahead.
[01:46:48.520 --> 01:46:55.720]  So, well, so pretty much all I can say is I just kind of get the tort letter put together
[01:46:55.720 --> 01:46:59.240]  and then run through that system.
[01:46:59.240 --> 01:47:04.920]  I've never been to an appeals court or anything, so it's going to be a kind of seem like a
[01:47:04.920 --> 01:47:06.920]  new experience.
[01:47:06.920 --> 01:47:11.480]  Okay, Scott, Scott, do you play chess?
[01:47:11.480 --> 01:47:13.720]  Yes, I have.
[01:47:13.720 --> 01:47:17.200]  Okay, get out your chessboard.
[01:47:17.200 --> 01:47:19.880]  This is not checkers.
[01:47:19.880 --> 01:47:31.080]  This is not what you just do after them because you can't consider your intended end result.
[01:47:31.080 --> 01:47:37.280]  Where is the worst corner you can push them into?
[01:47:37.280 --> 01:47:47.040]  Now back up and what pawn moves do you need to make to herd them toward that corner?
[01:47:47.040 --> 01:47:54.760]  This is actually the most fun part about a suit is the strategy.
[01:47:54.760 --> 01:48:02.800]  We'll spend some more time on this because I actually need to get this constructed myself.
[01:48:02.800 --> 01:48:12.560]  I've been wanting to build a standard set of lawsuits we could file in traffic and one
[01:48:12.560 --> 01:48:18.720]  of the things you want to prepare is a malpractice suit against the opposing counsel, against
[01:48:18.720 --> 01:48:21.460]  the prosecutor.
[01:48:21.460 --> 01:48:23.000]  All these guys are lawyers.
[01:48:23.000 --> 01:48:29.120]  They come and do this part-time because they're not the sharpest knife in the drawer.
[01:48:29.120 --> 01:48:35.320]  They're not making enough money as a lawyer, so they got to do this part-time job here.
[01:48:35.320 --> 01:48:46.880]  You start stinging their bar cards, make them crazy, you grieve him and then file a malpractice
[01:48:46.880 --> 01:48:47.880]  suit.
[01:48:47.880 --> 01:48:55.680]  He don't have malpractice insurance anymore, so we want to put together a malpractice suit
[01:48:55.680 --> 01:49:07.480]  for the prosecutor and a lawsuit against the municipality, you see the mayor actually,
[01:49:07.480 --> 01:49:10.760]  but how do we back them in a corner?
[01:49:10.760 --> 01:49:19.280]  It's all about the money and if we show that they're not just haphazardly breaking these
[01:49:19.280 --> 01:49:28.200]  laws, but they have carefully constructed this procedure in order to facilitate the
[01:49:28.200 --> 01:49:37.520]  collection of fines, when the vast majority of the people come into the court, they do
[01:49:37.520 --> 01:49:44.000]  not fall under the statutory scheme.
[01:49:44.000 --> 01:49:51.080]  When you file it as a private attorney general suit, are you familiar with what that is,
[01:49:51.080 --> 01:49:52.080]  Scott?
[01:49:52.080 --> 01:49:53.080]  Negative.
[01:49:53.080 --> 01:49:54.080]  Okay.
[01:49:54.080 --> 01:49:58.680]  A private attorney general suit, there are guys out there saying they want to be a private
[01:49:58.680 --> 01:49:59.680]  attorney general.
[01:49:59.680 --> 01:50:00.680]  No.
[01:50:00.680 --> 01:50:01.680]  No, no, no, no.
[01:50:01.680 --> 01:50:02.680]  They don't understand.
[01:50:02.680 --> 01:50:09.240]  The private attorney general suit is a name the courts gave to a certain kind of suit
[01:50:09.240 --> 01:50:12.440]  that they authorized.
[01:50:12.440 --> 01:50:18.840]  There there's something going on where people are being harmed or abused, but the amount
[01:50:18.840 --> 01:50:26.680]  of the harm or abuse is so small that it's not worth trying to adjudicate the issue because
[01:50:26.680 --> 01:50:30.640]  it costs so much to prosecute a lawsuit.
[01:50:30.640 --> 01:50:38.280]  So they authorized suits where one person could stand up in the capacity of a private
[01:50:38.280 --> 01:50:48.960]  attorney general to adjudicate this issue for himself and everyone else similarly situated.
[01:50:48.960 --> 01:50:54.160]  And then he could make the claim for everybody else and then collect on the claim to pay
[01:50:54.160 --> 01:50:57.200]  for the litigation.
[01:50:57.200 --> 01:51:00.200]  So that's what you want to look at.
[01:51:00.200 --> 01:51:05.560]  We want to see how much money the municipality collects in a given year.
[01:51:05.560 --> 01:51:10.320]  And there's a report they have to give to the DPS on that.
[01:51:10.320 --> 01:51:13.000]  I think the worst one was Venus, Texas.
[01:51:13.000 --> 01:51:23.200]  They got like 1300 people and they collected over a billion dollars a year in traffic fires.
[01:51:23.200 --> 01:51:24.400]  Absolutely outrageous.
[01:51:24.400 --> 01:51:34.640]  So you want them to look at your shutting down their economic engine.
[01:51:34.640 --> 01:51:38.840]  In the end, it's all about the politics.
[01:51:38.840 --> 01:51:47.760]  So how do we craft our accusations so that it points toward an ongoing criminal conspiracy
[01:51:47.760 --> 01:51:56.720]  to deprive people of due process for the purpose of manipulating them in to waiving their rights
[01:51:56.720 --> 01:52:03.400]  and paying the fine?
[01:52:03.400 --> 01:52:06.800]  That's the basis for a strategy.
[01:52:06.800 --> 01:52:12.760]  What do you need to establish in order to be able to show that?
[01:52:12.760 --> 01:52:20.160]  And once we've got the parameters, the elements of the case, now we back up and see how we
[01:52:20.160 --> 01:52:22.040]  can establish those.
[01:52:22.040 --> 01:52:27.320]  What I'm doing here in Decatur is I'm establishing the jurisdiction issue.
[01:52:27.320 --> 01:52:31.360]  That's why I gave them these two information requests.
[01:52:31.360 --> 01:52:37.360]  I sent them, given the information request, they go to the police because I'm asking for
[01:52:37.360 --> 01:52:50.360]  the certification of the police under 701.00 something and 6601.001 that authorize it.
[01:52:50.360 --> 01:52:54.080]  It goes through the whole section on who can enforce the traffic code.
[01:52:54.080 --> 01:52:57.240]  Well, absolutely they cannot enforce.
[01:52:57.240 --> 01:53:01.520]  Not what's in the transportation code.
[01:53:01.520 --> 01:53:04.760]  So he's not going to be able to provide me with those documents.
[01:53:04.760 --> 01:53:07.680]  That's a pawn move.
[01:53:07.680 --> 01:53:11.720]  Because when I get to court and I challenge subject matter jurisdiction, they start to
[01:53:11.720 --> 01:53:12.720]  blah, blah, blah.
[01:53:12.720 --> 01:53:17.280]  And I'll show, well, I'll ask this officer about his certification and I'll go through
[01:53:17.280 --> 01:53:18.280]  the code.
[01:53:18.280 --> 01:53:22.520]  And they're going to say they enforce some other code.
[01:53:22.520 --> 01:53:23.720]  We'll show that one to me.
[01:53:23.720 --> 01:53:25.120]  I can't find it.
[01:53:25.120 --> 01:53:30.840]  Okay, what else can we set them up on, Scott?
[01:53:30.840 --> 01:53:40.520]  Well, then that would be, you know, shoot, they got like false imprisonment charges.
[01:53:40.520 --> 01:53:46.520]  You know, that's pretty much the gist of it.
[01:53:46.520 --> 01:53:54.240]  So I mean, the case is going to be just have to get put together on what you kind of think
[01:53:54.240 --> 01:53:59.800]  is best on some of this stuff, because I'm kind of a little bit lost on some of it.
[01:53:59.800 --> 01:54:05.800]  I know I kind of threw you a curve there, but the point of all this is, is if we're
[01:54:05.800 --> 01:54:10.000]  going to go after them, we need to really get after them.
[01:54:10.000 --> 01:54:13.440]  I'm a combat veteran.
[01:54:13.440 --> 01:54:18.400]  There's something about combat that changes your perspective.
[01:54:18.400 --> 01:54:23.840]  When you're in combat, you don't just get in a fight because you can.
[01:54:23.840 --> 01:54:31.000]  You don't start a fight just because you can win, because even if you win, you use up resources
[01:54:31.000 --> 01:54:34.840]  and dilute your abilities in the future.
[01:54:34.840 --> 01:54:39.040]  So you have to craft what you do very carefully.
[01:54:39.040 --> 01:54:45.240]  You certainly don't start a fight you can't win, because you only get to do that once
[01:54:45.240 --> 01:54:46.760]  and then you're out of business.
[01:54:46.760 --> 01:54:50.560]  So you have to be real careful about what you do.
[01:54:50.560 --> 01:54:54.160]  So I kind of think of it that way.
[01:54:54.160 --> 01:54:59.480]  How do we craft our battle plan?
[01:54:59.480 --> 01:55:01.080]  And that we'll be working on.
[01:55:01.080 --> 01:55:04.280]  I've got a lot of it already together.
[01:55:04.280 --> 01:55:07.360]  One of the things I want to go after is a bailiff.
[01:55:07.360 --> 01:55:15.440]  The bailiff is there to keep the peace, but he has been manipulated into an enforcement
[01:55:15.440 --> 01:55:19.040]  arm for this ongoing criminal conspiracy.
[01:55:19.040 --> 01:55:26.480]  And his problem is, is he's prominently displaying a deadly weapon.
[01:55:26.480 --> 01:55:30.680]  Since he carries one all the time, he gets used to it and he forgets how big a deal it
[01:55:30.680 --> 01:55:34.280]  is, which the legislature did not forget.
[01:55:34.280 --> 01:55:39.680]  That's why they passed 2202B2A, that made it a first degree felony.
[01:55:39.680 --> 01:55:45.960]  If he exerts a proportionality authority he doesn't have, and commits simple assault
[01:55:45.960 --> 01:55:50.880]  by offensive speech or offensive touching, while prominently displaying that deadly weapon,
[01:55:50.880 --> 01:55:52.200]  that's a first degree felony.
[01:55:52.200 --> 01:55:58.400]  Big, big deal, 20th of life, they forget about that part and they get the bailiff to do that
[01:55:58.400 --> 01:56:00.400]  all the time.
[01:56:00.400 --> 01:56:04.320]  Bailiffs have to be really, really careful talking to me.
[01:56:04.320 --> 01:56:11.480]  If they say anything that I can construe as a threat in order to prevent me from adjudicating
[01:56:11.480 --> 01:56:15.280]  my rights, that's witness tampering.
[01:56:15.280 --> 01:56:21.000]  That's witness tampering while prominently displaying a deadly weapon.
[01:56:21.000 --> 01:56:27.000]  Anyway, just trying to get you focused in a direction.
[01:56:27.000 --> 01:56:33.240]  So by next week, think about this, look at what's happened to you from the perspective
[01:56:33.240 --> 01:56:39.960]  of not just what they're doing to me, but what are they doing to everybody in order
[01:56:39.960 --> 01:56:45.880]  to manipulate them into just paying the fine, because that's what they want.
[01:56:45.880 --> 01:56:50.360]  The vast majority of people just write a check, they don't question.
[01:56:50.360 --> 01:56:54.640]  And everything you do is to get you to write a check.
[01:56:54.640 --> 01:56:57.160]  That's my story and I'm sticking to it.
[01:56:57.160 --> 01:57:03.640]  Well, I'll tell you what, that's going to be perfect for Lake Dallas because the bailiff,
[01:57:03.640 --> 01:57:09.440]  when he kicked me out of the courtroom, I had to call 911 on the Lake Dallas courthouse,
[01:57:09.440 --> 01:57:11.560]  so they let me see the judge.
[01:57:11.560 --> 01:57:16.680]  They changed their attitude after the second time I called 911.
[01:57:16.680 --> 01:57:21.120]  So the bailiff's got a real problem there.
[01:57:21.120 --> 01:57:27.920]  So okay, start thinking about, you've been into a number of courts here.
[01:57:27.920 --> 01:57:33.480]  Look at what they're doing that is consistent.
[01:57:33.480 --> 01:57:40.520]  If you've got two or three courts and you can show a consistent pattern of behavior
[01:57:40.520 --> 01:57:48.200]  where they're committing predicate acts toward an ongoing criminal conspiracy.
[01:57:48.200 --> 01:57:54.040]  What's that called, Scott?
[01:57:54.040 --> 01:58:00.000]  Criminal conspiracy, I mean, shoot, they fall under recode then, don't they?
[01:58:00.000 --> 01:58:01.000]  Exactly.
[01:58:01.000 --> 01:58:09.080]  And if we predicate acts toward ongoing conspiracy, that defines recode.
[01:58:09.080 --> 01:58:10.280]  So that's what we look for.
[01:58:10.280 --> 01:58:16.320]  We look for all of these different things that they're doing that on the surface look
[01:58:16.320 --> 01:58:23.800]  like seemingly minor adjustments toward administrative convenience and adjudicative expediency.
[01:58:23.800 --> 01:58:31.280]  But when you put them all together, paints a really ugly story.
[01:58:31.280 --> 01:58:32.280]  Okay.
[01:58:32.280 --> 01:58:35.040]  Do you have anything else for Scott?
[01:58:35.040 --> 01:58:40.160]  Oh, sir, I'll just talk to you later on then and y'all have a good evening.
[01:58:40.160 --> 01:58:41.160]  Okay, we got to go.
[01:58:41.160 --> 01:58:42.720]  We're about to go to break.
[01:58:42.720 --> 01:58:43.720]  Thank you, Scott.
[01:58:43.720 --> 01:58:50.280]  Randy Kelton vet pack, we'll be right back.
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