[00:00.000 --> 00:05.840] The following newsflash is brought to you by the Lone Star Lowdown, providing the daily [00:05.840 --> 00:08.360] quillitons for the commodities market. [00:08.360 --> 00:21.120] Today in history, news updates and the inside scoop into the tides of the alternative. [00:21.120 --> 00:27.400] Markets for Wednesday, the 28th of September, 2016, are currently trading with gold at $1,321.50 [00:27.400 --> 00:34.680] an ounce, silver $19.16 an ounce, Texas crude $44.67 a barrel, and Bitcoin is currently [00:34.680 --> 00:42.720] sitting at about $604 U.S. currency. [00:42.720 --> 00:48.680] Today in history, the year 1928, Sir Alexander Fleming notices bacteria killing mold growing [00:48.680 --> 00:53.160] in his laboratory, in essence discovering what later became known as penicillin. [00:53.160 --> 01:02.080] Today in history, in recent news, FBI Director James Comey, while being asked about the FBI [01:02.080 --> 01:06.960] warning sent to states in June and two successful intrusions into voter registration databases [01:06.960 --> 01:11.600] in Illinois and Arizona, told the House Committee during an FBI oversight hearing Wednesday [01:11.600 --> 01:16.320] today that, quote, there have been a variety of scanning activities, which is a preamble [01:16.320 --> 01:20.800] for potential intrusion activities, as well as some attempted intrusions at voter database [01:20.800 --> 01:25.080] registrations beyond those we knew about in July and August, though he did assure that [01:25.080 --> 01:29.520] the actual voting systems are not connected to the Internet and are decentralized, rendering [01:29.520 --> 01:32.280] the hacking of any national election essentially impossible. [01:32.280 --> 01:36.320] He went on to say that, we are urging the states just to make sure that their dead volts [01:36.320 --> 01:41.140] are thrown and their locks are on and to get the best information they can just to make [01:41.140 --> 01:45.440] sure that their systems are secure, because there's no doubt that some bad actors have [01:45.440 --> 01:51.040] been poking around. [01:51.040 --> 01:54.520] Both the Senate and the House voted Wednesday today in favor of the Justice Against Sponsors [01:54.520 --> 01:59.620] of Terrorism Act, or JASTA, overruling the veto the Obama administration made last week [01:59.620 --> 02:02.880] and the disregarding of warnings from top Pentagon officials. [02:02.880 --> 02:08.080] The bill allows family members of 9-11 victims to sue Saudi Arabia for backing up the attackers, [02:08.080 --> 02:12.440] as outlined in the recently disclosed 28 pages of the 9-11 Commission Report. [02:12.440 --> 02:16.400] Obama even went as far as to send a letter to the Senate leaders on Tuesday warning that [02:16.400 --> 02:20.960] other countries could use JASTA to justify similar immunity exceptions to target the [02:20.960 --> 02:21.960] U.S. [02:21.960 --> 02:25.520] Political advisors are concerned that Saudi Arabia could, in response to the law, pull [02:25.520 --> 02:30.320] billions of dollars from the U.S. economy and persuade close allies in the Gulf Cooperation [02:30.320 --> 02:35.960] Council to scale back counter-terrorism cooperation, investment, and U.S. access to important regional [02:35.960 --> 02:37.320] military bases. [02:37.320 --> 02:42.160] Saudi Foreign Minister Adil al-Jubeir also told reporters back in June that the U.S. [02:42.160 --> 02:44.840] had the most to lose if JASTA was enacted. [02:44.840 --> 02:50.040] The Low Star Lowdown is currently looking for sponsors to give a product or a service [02:50.040 --> 02:51.040] truck to advertise with us. [02:51.040 --> 02:52.040] Feel free to give me a call at 210-363-2257. [02:52.040 --> 03:15.760] This is Rick Roady with the Lowdown for September 28, 2016. [03:22.040 --> 03:35.320] Okay, howdy, howdy, Randy Kelton, Rule of Law Radio, and the bad boys are back. [03:35.320 --> 03:40.480] And like I just told the producer, we're alliterating like crazy. [03:40.480 --> 03:42.120] Thank you all for listening. [03:42.120 --> 03:44.280] We will, we have the phone lines open. [03:44.280 --> 03:46.440] We'll have them open all night. [03:46.440 --> 03:50.880] Our call-in number is 512-646-1984. [03:50.880 --> 04:00.040] This is our four-hour info marathon, so we have time to pursue issues in ways that other [04:00.040 --> 04:04.400] shows tend not to be able to. [04:04.400 --> 04:11.960] And I know I've gotten some criticism lately for spending too much time with the caller. [04:11.960 --> 04:20.960] Well, I do that sometimes because primarily what this show is about is teaching. [04:20.960 --> 04:31.480] And sometimes when I get a caller that strikes on a subject that is common to a good portion [04:31.480 --> 04:37.440] of my listeners, like the one I got criticized for was a foreclosure issue, and I had someone [04:37.440 --> 04:46.000] who had some very general and basic misunderstandings about the nature of the whole process. [04:46.000 --> 04:56.480] So it was a great opportunity to take the whole issue and frame it in a way so that [04:56.480 --> 05:01.920] it made sense to people, and yes, I spent somewhat more time on that. [05:01.920 --> 05:08.520] And people may have other issues and not interested in foreclosure, but unfortunately I can't [05:08.520 --> 05:09.760] always tell that. [05:09.760 --> 05:17.520] So I gauge my callers by how many callers I have, how much time I have, and the nature [05:17.520 --> 05:22.560] of the content that we're dealing with. [05:22.560 --> 05:28.260] I try my best to give the listener the best experience that I can, so sometimes I may [05:28.260 --> 05:32.240] annoy some listeners, and I apologize for that. [05:32.240 --> 05:36.680] But we just kind of have to take it like it comes sometimes. [05:36.680 --> 05:42.720] This is a four-hour show, so we have time to go into somewhat more depth. [05:42.720 --> 05:54.800] And those who listen all the time will notice that I tend to go over a lot of things repeatedly. [05:54.800 --> 06:02.800] And that's because the most important thing we can understand is the basic structure of [06:02.800 --> 06:06.720] how do these pieces fit together. [06:06.720 --> 06:14.720] Once we understand the basics, the independent details of any one particular issue will tend [06:14.720 --> 06:21.720] to be easier to handle, as long as you have a foundation in the basics. [06:21.720 --> 06:32.480] So although we do go into some depth, I for the most part go into depth on issues, primarily [06:32.480 --> 06:38.920] so that we will better understand how the basics lead to these more complex issues. [06:38.920 --> 06:41.680] I hope that makes sense. [06:41.680 --> 06:45.840] If it makes sense to anybody out there, they need to call me and explain to me what I just [06:45.840 --> 06:49.280] said because I am not sure what I'm talking about. [06:49.280 --> 06:54.120] So there are no calls at the moment. [06:54.120 --> 06:58.040] We can hold four calls at once on the call board. [06:58.040 --> 07:04.160] So once the call board starts filling up, if you try to call in and you can't get through, [07:04.160 --> 07:07.720] that's probably because the board is full. [07:07.720 --> 07:12.720] And then if you will wait until we drop one caller and go to the next and then call back [07:12.720 --> 07:16.340] in, you'll be able to get in the queue. [07:16.340 --> 07:23.840] So I'm going to start out with something that my producer mentioned he thought would be [07:23.840 --> 07:29.920] a good idea for me to go over again, and that is declaratory judgments. [07:29.920 --> 07:46.480] We have, as Pro says, it is somewhat difficult for us to write a fully fleshed out pleading. [07:46.480 --> 07:53.800] I'm presenting some tools, I'm building an ebook, and I have a set of tools in that ebook [07:53.800 --> 08:02.200] that are for the purpose of helping us to effectively flesh out complex issues. [08:02.200 --> 08:10.120] Some of the tools are, one of them is that everything's backwards. [08:10.120 --> 08:20.480] That when you start trying to produce a complex legal document, do it backwards. [08:20.480 --> 08:23.600] Start out with the prayer. [08:23.600 --> 08:29.360] The last thing you put in a document, actually not the prayer, you start out with the order. [08:29.360 --> 08:38.160] If you're going to do a legal document, the whole purpose of a pleading, be it the original [08:38.160 --> 08:47.360] petition or a motion or one of the other pleadings like a general and subject matter jurisdiction, [08:47.360 --> 08:55.960] pleading you do is about asking the judge to give you a specific order. [08:55.960 --> 09:01.480] I had a client once who brought me a suit from a credit card company and asked me what [09:01.480 --> 09:02.480] I thought. [09:02.480 --> 09:05.680] I looked at it and I said, these people don't have a prayer. [09:05.680 --> 09:07.360] He said, well, why not? [09:07.360 --> 09:08.360] I said, I don't know. [09:08.360 --> 09:10.880] They don't have one. [09:10.880 --> 09:18.040] The whole purpose of the suit is the order and the way you ask the judge to give you [09:18.040 --> 09:23.760] an order is in legal parlance, it's called a prayer. [09:23.760 --> 09:26.760] You're not praying to a deity or something like that. [09:26.760 --> 09:29.280] This is a whole different use of the term. [09:29.280 --> 09:37.880] It's actually an archaic old use of the term where when you pray to someone, you're literally [09:37.880 --> 09:41.040] asking them for something. [09:41.040 --> 09:49.160] So in the prayer, you ask the judge for what you want and then you write an order that [09:49.160 --> 09:55.720] declares what you want and you ask the judge to approve this order. [09:55.720 --> 10:00.680] Well, if you're going to write a legal pleading, the first thing you want to do is write that [10:00.680 --> 10:12.120] order and the way you write the order is you decide what you want specifically, precisely [10:12.120 --> 10:15.480] what do you want? [10:15.480 --> 10:23.480] Most of us, when we start writing a legal pleading, we have a general idea of what went [10:23.480 --> 10:30.000] wrong and how we don't like what went wrong and we want the judge to make things right. [10:30.000 --> 10:41.400] But we really don't have in our mind clearly, specifically what we want the court to do. [10:41.400 --> 10:49.200] If you don't have clearly defined in your mind what you want the court to do, your emotion [10:49.200 --> 10:55.120] or pleading is going to be vague, it's going to wander, it's going to go from one irrelevant [10:55.120 --> 11:02.160] point to another and the court's going to get annoyed and grant you nothing. [11:02.160 --> 11:10.440] So start with an order and I know if you have a family law case or a foreclosure case, you [11:10.440 --> 11:17.680] got so many things going on, it's hard to settle down to one thing. [11:17.680 --> 11:27.040] So one of the things we've been suggesting as a potential way for us to get more effective [11:27.040 --> 11:35.800] outset, more effective out, I'll get that word right in a second, access, more effective [11:35.800 --> 11:42.240] access to remedy is a declaratory judgment suit. [11:42.240 --> 11:50.600] Declaratory judgment suits by their nature take you to one specific issue. [11:50.600 --> 11:59.040] And for pro se, this is really good for us because we're not so good at writing the suit [11:59.040 --> 12:04.520] that contains a claim for which recovery can be had. [12:04.520 --> 12:08.040] If you've been around much, you will hear that a lot. [12:08.040 --> 12:12.040] We've helped several hundred people file federal lawsuits. [12:12.040 --> 12:18.920] If you file a federal lawsuit today, you're going to get a rule 12-B-6 motion. [12:18.920 --> 12:25.480] What a rule 12-B-6 motion says is that the plaintiff failed to state a claim for which [12:25.480 --> 12:28.400] recovery can be had. [12:28.400 --> 12:41.040] Well, the problem with that is rather or not we state enough facts and provide enough evidence [12:41.040 --> 12:45.360] goes to the discretion of the judge. [12:45.360 --> 12:55.520] He has discretion to decide if our petition states enough facts and evidence to warrant [12:55.520 --> 13:01.960] proceeding with the case. [13:01.960 --> 13:09.440] I don't like to be in a position of being subject to the caprice of the judge because [13:09.440 --> 13:12.440] discretion goes to caprice. [13:12.440 --> 13:15.920] The judge is going to do what he wants to. [13:15.920 --> 13:22.080] So it's good for us to start out with a declaratory judgment suit. [13:22.080 --> 13:33.760] Now what a declaratory judgment suit is, and you can find it in the Fed under 28 USC 2201. [13:33.760 --> 13:44.120] It is a request, this is a special remedy that grants you a right to ask the court to [13:44.120 --> 13:49.160] declare the rights of the parties. [13:49.160 --> 13:55.200] It doesn't ask for damages of any kind, and if you find a declaratory judgment suit, don't [13:55.200 --> 14:00.840] ask for any kind of recovery, no money. [14:00.840 --> 14:09.280] All you're asking the judge is say, these are the rights of the parties. [14:09.280 --> 14:21.600] Then look at your suit, see if you can find something that must be true in order for the [14:21.600 --> 14:29.760] other side to win against you, and see if you can go after one of those issues that [14:29.760 --> 14:34.000] has to be true and get a ruling on that issue all by itself. [14:34.000 --> 14:41.000] For instance, in foreclosure issues, we want to set some pawn moves, and the first thing [14:41.000 --> 14:45.480] I want to do is look at the public record. [14:45.480 --> 14:54.160] I have a case right now where the substitute trustee foreclosed on the property, even though [14:54.160 --> 15:01.960] we had a suit in the works, but once he sold the property, he did not pursue eviction purely, [15:01.960 --> 15:05.520] strictly because the suit was in place. [15:05.520 --> 15:17.320] What the suit said was a couple of years earlier, there was an assignment by a party, I'm sorry, [15:17.320 --> 15:27.800] an appointment by a party purporting to appoint this trustee as a substitute trustee. [15:27.800 --> 15:36.120] We said that if you will examine the public record, you will find nothing in the record [15:36.120 --> 15:41.920] that grants this party authority to appoint a substitute trustee. [15:41.920 --> 15:52.800] We want the court to declare the rights of the party by examining the public record and [15:52.800 --> 16:00.120] determining whether or not there's a document filed in the record that grants this party [16:00.120 --> 16:06.000] authority to file this appointment. [16:06.000 --> 16:11.840] If they can find no document granting this person authority, we want the court to declare [16:11.840 --> 16:21.600] that under Texas Property Code 13.001, which states that any claim against real property [16:21.600 --> 16:28.680] not properly acknowledged or proven and filed in the public record is voidous to the holder. [16:28.680 --> 16:35.240] We're saying there is no document properly acknowledged or proven and filed in the record [16:35.240 --> 16:46.040] that grants SPS services any authority concerning the deed of trust, and we will find this kind [16:46.040 --> 16:55.400] of thing a lot in the public record, where the lender loans out the money and then dies [16:55.400 --> 17:00.360] and falls off the cliff, which we're about to do, we'll be right back. [17:00.360 --> 17:05.640] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? [17:05.640 --> 17:09.120] Stop debt collectors now with the Michael Mears proven method. [17:09.120 --> 17:13.440] Michael Mears has won six cases in federal court against debt collectors, and now you [17:13.440 --> 17:14.760] can win too. 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[18:01.160 --> 18:05.800] Through advances in technology, our lives have greatly improved, except in the area [18:05.800 --> 18:06.800] of nutrition. [18:06.800 --> 18:11.920] People feed their pets better than they feed themselves, and it's time we changed all that. [18:11.920 --> 18:17.640] Our primary defense against aging and disease in this toxic environment is good nutrition. [18:17.640 --> 18:23.960] In a world where natural foods have been irradiated, adulterated, and mutilated, young Jevity can [18:23.960 --> 18:26.160] provide the nutrients you need. [18:26.160 --> 18:31.040] Logos Radio Network gets many requests to endorse all sorts of products, most of which [18:31.040 --> 18:32.160] we reject. [18:32.160 --> 18:37.400] We have come to trust young Jevity so much, we became a marketing distributor along with [18:37.400 --> 18:40.240] Alex Jones, Ben Fuchs, and many others. [18:40.240 --> 18:46.600] When you order from logosradionetwork.com, your health will improve as you help support [18:46.600 --> 18:47.600] quality radio. [18:47.600 --> 18:52.160] As you realize the benefits of young Jevity, you may want to join us. [18:52.160 --> 18:57.760] As a distributor, you can experience improved health, help your friends and family, and [18:57.760 --> 18:59.720] increase your income. [18:59.720 --> 19:00.720] Order now. [19:00.720 --> 19:23.160] You are listening to the Logos Radio Network, the LogosRadioNetwork.com. [19:23.160 --> 19:52.680] Okay, this is Randy Kelton with Logos Radio on this Friday, the 30th day of September [19:52.680 --> 20:00.960] 2016, and we're talking about declaratory judgment, and when I ran off to Cliff, I was [20:00.960 --> 20:08.320] talking about challenging a document filed in the record, and you will find a lot of [20:08.320 --> 20:09.320] this. [20:09.320 --> 20:15.920] Lenders, this is part of the scam the banks pull, they would set up this lender, have [20:15.920 --> 20:22.240] him write a whole bunch of highly profitable predatory mortgages. [20:22.240 --> 20:30.720] Tell those profitable mortgages to the bank or to a special purpose vehicle at a loss [20:30.720 --> 20:35.800] and then bankrupt itself, so the bank gets these mortgages and they've already written [20:35.800 --> 20:38.760] off the profits through the bankruptcy of this original company. [20:38.760 --> 20:46.800] I won't even go into the details of how that worked, but you may notice that these mortgage [20:46.800 --> 20:54.240] companies, they write the mortgage in two or three years later, they go out of business. [20:54.240 --> 21:02.360] During the period of time of the largest real estate bubble in history, all these mortgage [21:02.360 --> 21:07.080] companies going out of business, left and right, and that was because his plan that [21:07.080 --> 21:09.280] way was a scam. [21:09.280 --> 21:16.880] Here was the problem, they're going out of business without assigning their assets to [21:16.880 --> 21:19.000] a third party. [21:19.000 --> 21:25.600] Here we are after the bubble burst, all of these foreclosures, and now we have people [21:25.600 --> 21:34.120] coming back and challenging the foreclosures saying, wait a minute, this entity over here, [21:34.120 --> 21:41.040] Washington Mutual, had a claim against my property, and Washington Mutual was a person [21:41.040 --> 21:48.520] under law for the purpose of certain rights, well, as a legal fiction, a corporation, LLC, [21:48.520 --> 21:59.040] a company, it doesn't really exist, but it's a legal description, so they call it a legal [21:59.040 --> 22:00.880] fiction. [22:00.880 --> 22:06.040] But they give it certain rights, because we have a company over here, they have assets [22:06.040 --> 22:10.380] and they do business, and they need to have certain rights so that they can function, [22:10.380 --> 22:13.760] so they call them a person. [22:13.760 --> 22:21.240] Well, the person died, the CIA found out that Washington Mutual was running the largest [22:21.240 --> 22:27.760] money laundering scam in the history of mankind, and they were laundering money for the Mexican [22:27.760 --> 22:35.800] and Colombian drug cartels, so they were competing with the CIA for drug sales, so the CIA shut [22:35.800 --> 22:37.760] them down. [22:37.760 --> 22:43.320] Before they were shut down, they did not assign all their assets to someone else, so it's [22:43.320 --> 22:51.880] our position that the holder of the claim died, and didn't assign the asset before [22:51.880 --> 22:57.480] he died, therefore he abandoned it. [22:57.480 --> 23:02.040] So what the banks are trying to do is they bring in MERS later, and MERS comes along [23:02.040 --> 23:14.920] and says, I am acting as the agent for Washington Mutual Bank, and I'm assigning an asset that [23:14.920 --> 23:19.120] belongs to Washington Mutual Bank to somebody else. [23:19.120 --> 23:26.440] Hey, wait a minute, Bubba, how did Washington Mutual, the person, Washington Mutual, hire [23:26.440 --> 23:28.720] you as their agent? [23:28.720 --> 23:33.720] They're dead, so how does a dead guy hire an agent? [23:33.720 --> 23:38.720] Judge Shreck in New York called them vampire lenders. [23:38.720 --> 23:42.000] They rise up from the grave and hire these agents. [23:42.000 --> 23:45.600] Well, this is the argument that we're making. [23:45.600 --> 23:56.400] We have SPC as a servicer who filed this appointment of substitute trustee, but there is nothing [23:56.400 --> 24:06.960] in the record assigning the security instrument from the original lender to SPC, breaking [24:06.960 --> 24:07.960] chain of title. [24:07.960 --> 24:11.440] You hear a lot about breaking chain of title. [24:11.440 --> 24:17.880] This is the only reason breaking chain of title is important, so you can file a declaratory [24:17.880 --> 24:30.960] judgment suit and ask the court to declare that the claim that SPC made when it appointed [24:30.960 --> 24:37.120] this substitute trustee is void as a matter of law. [24:37.120 --> 24:49.120] Now, we don't care if SPC is the bona fide true and certain holder of the security instrument [24:49.120 --> 24:54.200] and the beneficial interest in the mortgage. [24:54.200 --> 25:04.280] We don't care because what the law says, if they don't properly file the claim in the [25:04.280 --> 25:17.360] public record, their claim is void as to the holder, so we ask the court to rule only that. [25:17.360 --> 25:26.840] The assignment filed by SPC was filed by someone who had nothing in the record showing that [25:26.840 --> 25:29.920] they had authority to do that. [25:29.920 --> 25:32.880] We're not asking for any damages. [25:32.880 --> 25:37.680] We're not asking for them to rule that these guys can't foreclose or they don't have a [25:37.680 --> 25:38.680] right to be paid. [25:38.680 --> 25:40.560] We're not asking for any of that. [25:40.560 --> 25:47.800] We're asking the court to look at the state law and what the state law requires in order [25:47.800 --> 25:56.200] to file a particular document and determine whether or not this filing was made in accordance [25:56.200 --> 25:57.680] with state law. [25:57.680 --> 26:00.080] That's pretty easy. [26:00.080 --> 26:09.040] Since we're not asking for any recovery, we are immune from a Rule 12B6 motion. [26:09.040 --> 26:17.720] I had Judge McBride dismiss with prejudice my declaratory judgment suit. [26:17.720 --> 26:21.760] I immediately filed criminal charges against him. [26:21.760 --> 26:24.560] He had no power to do that. [26:24.560 --> 26:32.000] He dismissed my case for failure to state a claim on which recovery can be had. [26:32.000 --> 26:34.120] Duh. [26:34.120 --> 26:40.240] Of course I failed to state a claim on which recovery can be had. [26:40.240 --> 26:42.240] I didn't want any recovery. [26:42.240 --> 26:44.760] It's a declaratory judgment suit. [26:44.760 --> 26:55.080] And a declaratory judgment suit goes to one specific issue and one only. [26:55.080 --> 26:59.640] Never ask for more than one declaration. [26:59.640 --> 27:04.520] This makes it much easier for you to focus on the point. [27:04.520 --> 27:08.960] Now the declaratory judgment suit is really easy to write the order. [27:08.960 --> 27:20.960] The order says the filing in the state court, I mean the appointment of substitute trustee [27:20.960 --> 27:28.480] is void as a matter of law because they fail to follow the rules of law. [27:28.480 --> 27:36.360] It fails under 51901C that says any document filed in the record by a party who has nothing [27:36.360 --> 27:45.120] in the record showing that they have authority to make the filing is presumed to be fraudulent. [27:45.120 --> 27:47.960] So this is what the law says. [27:47.960 --> 27:54.960] This meets the dictates of law therefore rule that this particular document fails to meet [27:54.960 --> 28:00.960] the statutory filing requirement and rule this void. [28:00.960 --> 28:01.960] That's fairly simple. [28:01.960 --> 28:05.520] It's just one tiny little piece. [28:05.520 --> 28:10.800] But if you play chess you understand how powerful a pawn move can be. [28:10.800 --> 28:19.360] Now you got this pawn sitting out there and the ruling the judge just gave you absolutely [28:19.360 --> 28:22.800] protected that pawn. [28:22.800 --> 28:30.720] It cannot be touched and there's no way they can get around that pawn to get at you because [28:30.720 --> 28:37.840] once you have the declaratory judgment it becomes res judicata. [28:37.840 --> 28:43.000] Already adjudicated no other court can go back and visit that issue. [28:43.000 --> 28:49.480] It's a done deal and it's much easier for us to do so if you have a case no matter what [28:49.480 --> 28:50.480] it is. [28:50.480 --> 29:02.480] If you're going out with a pro se legal issue consider a declaratory judgment suit first [29:02.480 --> 29:11.600] to get some primary facts established that you will need in order to win your case. [29:11.600 --> 29:19.880] You can file two or three declaratory judgment suits until you get these facts established. [29:19.880 --> 29:27.880] When they can't be thrown out the one thing the banks never want to happen is they never [29:27.880 --> 29:35.000] want to get to discovery because in discovery they have to prove outstanding and they cannot. [29:35.000 --> 29:37.480] They don't have the records. [29:37.480 --> 29:40.400] So they have to get this thing dumped on a rule of 12. [29:40.400 --> 29:43.880] We do declaratory judgment they can't get to rule 12. [29:43.880 --> 29:53.520] Hang on going to break Randy Kelton with La Radio our calling number 512-646-1984 we'll [29:53.520 --> 30:02.040] be right back. [30:02.040 --> 30:06.640] You must have been a beautiful baby and you must have been a beautiful child. [30:06.640 --> 30:10.280] These days a lot of parents are showing off their kids on the net. [30:10.280 --> 30:16.320] I'm Dr. Catherine Albrecht and I'll be back to tell you why the practice could be dangerous. 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[30:52.440 --> 30:58.440] A recent study by online security company AVG found that a shocking 92% of U.S. babies [30:58.440 --> 31:03.760] have an online presence by age 2, a third of American mothers report posting snapshots [31:03.760 --> 31:09.840] of their newborns online and over 5% of U.S. babies have email addresses or online profiles [31:09.840 --> 31:11.640] years before they can even type. [31:11.640 --> 31:15.960] Most of these parents merely want to share their happiness with friends and family but [31:15.960 --> 31:19.960] please give some thought to how strangers might abuse the information. [31:19.960 --> 31:22.160] Play it safe and keep photos private. [31:22.160 --> 31:26.840] I'm Dr. Catherine Albrecht more news and information at CatherineAlbrecht.com. [31:26.840 --> 31:35.200] Did you know there are 3 million edible food plants on earth and none have the nutritional [31:35.200 --> 31:37.000] value of the hemp plant? 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[32:20.200 --> 32:24.480] The courts afford us the least expensive opportunity to learn how to enforce and preserve our rights [32:24.480 --> 32:25.480] through due process. [32:25.480 --> 32:29.440] Former Sheriff's Deputy Eddie Craig in conjunction with Rule of Law Radio has put together the [32:29.440 --> 32:33.200] most comprehensive teaching tool available that will help you understand what due process [32:33.200 --> 32:35.600] is and how to hold the courts to the rule of law. [32:35.600 --> 32:39.600] You can get your own copy of this invaluable material by going to ruleoflawradio.com and [32:39.600 --> 32:40.920] ordering your copy today. [32:40.920 --> 32:44.440] By ordering now you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law [32:44.440 --> 32:49.120] Versus the Lie, video and audio of the original 2009 seminar, hundreds of research documents [32:49.120 --> 32:51.000] and other useful resource material. [32:51.000 --> 32:54.960] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [32:54.960 --> 33:04.040] Order your copy today and together we can have the free society we all want and deserve. [33:04.040 --> 33:09.040] You're listening to the Logos Radio Network at logosradio.com. [33:09.040 --> 33:24.040] Yeah, I got a warrant and I'm going to solve them, to the end of them I'll make them, prosecute [33:24.040 --> 33:25.040] them. [33:25.040 --> 33:26.040] Okay. [33:26.040 --> 33:27.040] Okay. [33:27.040 --> 33:51.560] We are back, Randy Kelton, Rule of Law Radio on this September the 30th, 2016 and on the [33:51.560 --> 33:58.520] break the producer raised a question about what you can actually take judicial notice [33:58.520 --> 34:01.120] of. [34:01.120 --> 34:03.960] And it is a very good question. [34:03.960 --> 34:11.040] As a rule you can think of taking judicial notice, I'm sorry I'm saying judicial notice, [34:11.040 --> 34:15.440] what you can get declaratory judgment for. [34:15.440 --> 34:22.760] You can get declaratory judgment for anything that the court would be required to take judicial [34:22.760 --> 34:25.520] notice of. [34:25.520 --> 34:32.640] And the court can only take judicial notice of a fact that cannot be controverted, of [34:32.640 --> 34:40.840] a set of facts that are not within the discretion of the court. [34:40.840 --> 34:44.040] We look in the public record. [34:44.040 --> 34:51.440] We find no assignment from the original lender to the current alleged holder. [34:51.440 --> 34:58.040] We look in the state law and the state law requires that there be an assignment from [34:58.040 --> 35:02.720] the original lender to the current claimant. [35:02.720 --> 35:07.240] This is not something that's subject to the discretion of the judge. [35:07.240 --> 35:12.160] This is something that's incontrovertible because it is in the public record. [35:12.160 --> 35:21.120] And we simply ask the court to rule on the application of law based on the facts and [35:21.120 --> 35:23.640] the law as they exist in the public record. [35:23.640 --> 35:31.600] Now if you come in say for breach of contract and both sides agree that there was a breach [35:31.600 --> 35:33.000] of contract. [35:33.000 --> 35:41.160] But one side says well yeah there was a tactical breach of the contract but it was not a material [35:41.160 --> 35:43.840] breach so it's irrelevant. [35:43.840 --> 35:49.120] And the other kind of side is going to say oh no no no no that was a material breach. [35:49.120 --> 35:52.040] Yes it was, no it wasn't, yes it was, no it wasn't. [35:52.040 --> 35:56.560] This goes to the discretion of the court. [35:56.560 --> 36:08.800] And on this you would, it's, you could, technically you could ask the judge to rule whether it [36:08.800 --> 36:16.680] was a material breach or a, just simply a technical breach where you weren't harmed [36:16.680 --> 36:17.680] by it. [36:17.680 --> 36:22.520] But this really goes to the discretion of the judge. [36:22.520 --> 36:31.840] When you file for declaratory judgment you want to file and ask for a declaration based [36:31.840 --> 36:42.200] on facts and law that can't be controverted, otherwise you need to file a regular lawsuit [36:42.200 --> 36:51.440] where the judge would not be so tightly bound as he is in declaratory judgment. [36:51.440 --> 36:57.680] I hope that makes sense but anyway that's my story on declaratory judgment. [36:57.680 --> 37:05.480] We're filing them now, we have one in the court and we, in this case we claim that the [37:05.480 --> 37:12.080] substitute trustee was never properly appointed and the substitute trustee just filed an answer [37:12.080 --> 37:21.160] and said oh he did everything right, that he didn't do anything to harm the litigant, [37:21.160 --> 37:33.480] but he acted in accordance with his duty as a trustee and went through all of these denials [37:33.480 --> 37:45.040] in the answer and when I was done I told David you need to petition for default judgment [37:45.040 --> 37:54.680] because nowhere in the answer did the trustee declare that the assignment wherein he was [37:54.680 --> 37:58.880] assigned was valid. [37:58.880 --> 38:03.400] He claimed that he acted under authority of the assignment but he never addressed whether [38:03.400 --> 38:06.640] the assignment was valid or not. [38:06.640 --> 38:12.880] Well this is declaratory judgment, that is the only thing before the court. [38:12.880 --> 38:20.720] So he might as well not have answered, wonderful and I think it's because the lawyer on the [38:20.720 --> 38:30.320] other side simply did not understand what a declaratory judgment suit was and that's [38:30.320 --> 38:37.000] pitiful and you would think that they're learning counsel, they got a $200,000 education, you [38:37.000 --> 38:42.600] think they know these things, they don't know squat. [38:42.600 --> 38:48.440] So anyway enough on declaratory judgment, we do have one caller, we're going to go [38:48.440 --> 38:52.200] to Scott in Texas, hello Scott. [38:52.200 --> 39:05.640] Howdy, howdy, well let's talk about I had when I got a ticket because well my license [39:05.640 --> 39:11.240] will go back to I keep getting these tickets for an invalid license and then we were talking [39:11.240 --> 39:22.600] earlier about why is your license invalid and I had surcharges because I had a surcharge [39:22.600 --> 39:32.000] and when I, it was back in 2013 I filed a bankruptcy and during the bankruptcy I included [39:32.000 --> 39:39.880] all the surcharges that I had because of that ticket for the invalid license and then the [39:39.880 --> 39:47.840] bankruptcy got finalized and the state of Texas gave me a paper saying okay all the [39:47.840 --> 39:55.080] fines and stuff were waived and it was a Chapter 7 bankruptcy so as soon as I got the piece [39:55.080 --> 40:02.360] of paper I went down and got my license, everything was hunky dory and then I guess about like [40:02.360 --> 40:13.480] a year later or something I kind of found out that they reneged on it and they said [40:13.480 --> 40:24.240] that okay your license is invalid because we no longer accept the Chapter 7, it's only [40:24.240 --> 40:34.120] a Chapter 14 or 13 or whatever Chapter they decided and so they went and like flipped [40:34.120 --> 40:42.320] the switch and said that my license is now invalid again and so I was kind of pissed [40:42.320 --> 40:48.720] off about it and I was like well screw you I already had this all taken care of and then [40:48.720 --> 40:55.040] now that's why every time I get pulled over and they say oh your license is valid and [40:55.040 --> 41:01.680] I just say man that's Austin's mistake because I got my license, it was valid, I got the [41:01.680 --> 41:04.160] piece of paper to prove it. [41:04.160 --> 41:13.860] Okay my suggestion in this case is go to the bankruptcy court and petition the bankruptcy [41:13.860 --> 41:25.600] court for a writ of mandamus ordering the state to reinstate your license and then since [41:25.600 --> 41:37.120] okay you have had one of these cases adjudicated where the court ruled that your license wasn't [41:37.120 --> 41:39.800] invalid isn't that correct? [41:39.800 --> 41:47.320] Dallas County actually when I showed them the piece of paper because of the Addison [41:47.320 --> 41:52.080] deal they said okay well we're not going to mess with you just go ahead and get on out [41:52.080 --> 41:59.500] of here and then like Rockwall County they're just trying to barbecue me over this thing. [41:59.500 --> 42:07.240] So you have essentially read adjudicated, this has already been ruled that you're not [42:07.240 --> 42:10.080] guilty of this. [42:10.080 --> 42:15.600] He just totally dismissed it. [42:15.600 --> 42:28.320] Then this goes to jurisdiction of the court, sue the judge, well first go to the bankruptcy [42:28.320 --> 42:37.640] court and ask the bankruptcy court for a writ of mandamus ordering the state to honor the [42:37.640 --> 42:41.560] bankruptcy court rulings. [42:41.560 --> 42:47.040] Bankruptcy courts are federal court, they are not going to be happy with these guys. [42:47.040 --> 42:52.640] The rule is take the state to the fed and the fed to the state, that's why I'm fighting [42:52.640 --> 42:58.560] against the federal judge McBride criminally under state law rather than federal law because [42:58.560 --> 43:02.120] I want to take him to a state grand jury. [43:02.120 --> 43:06.920] In this case you want to take the state of Texas Department of Public Safety to a federal [43:06.920 --> 43:15.680] grand jury and accuse the Department of Public Safety of setting you up so that they could [43:15.680 --> 43:20.800] write false claims against you and collect these extra fees back, this is retaliation [43:20.800 --> 43:29.220] they felt like your bankruptcy cost them some money so they secretly granted you a license [43:29.220 --> 43:35.760] and then without notifying you, canceled that license so that you would wind up driving [43:35.760 --> 43:46.560] on an invalid license without knowing it and then get cited for a class B misdemeanor. [43:46.560 --> 43:52.040] Why get you put in jail, well one thing if you have reason to believe your license is [43:52.040 --> 43:57.840] not valid, okay hang on about to go to break we'll pick this up on the other side and we'll [43:57.840 --> 44:02.520] be right back. 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[46:15.160 --> 46:38.280] Okay, we are back, Randy Kelton, Rule of Law Radio and we're talking to Scott in Texas. [46:38.280 --> 46:48.200] Now, since this was adjudicated, okay let me back up, did the bankruptcy court write [46:48.200 --> 46:58.840] off the fees that were due to the state in the bankruptcy proceedings, did they discharge [46:58.840 --> 46:59.840] them? [46:59.840 --> 47:09.200] Yes, all the surcharges were discharged and so as soon as that happened, I guess the state [47:09.200 --> 47:14.200] was notified because they wrote me a letter back because I have the letter from the state, [47:14.200 --> 47:23.080] so as soon as I got that, I went down immediately and got my license, got a new license, so [47:23.080 --> 47:28.880] boom, I'm good, I'm cruising around and the next thing I know when I get pulled over, [47:28.880 --> 47:34.880] my license is invalid about a year later or so and come to find out, that's what it's [47:34.880 --> 47:43.640] kind of, that's what it's looking like they were saying is they reversed the decision [47:43.640 --> 47:50.840] on using a chapter 7 bankruptcy and said no, we're only going to accept a chapter 14, so [47:50.840 --> 47:56.160] your chapter 7 doesn't matter anymore and they just flipped the switch on your license. [47:56.160 --> 48:06.120] So the state capriciously and arbitrarily decided to defy a ruling of the federal court. [48:06.120 --> 48:07.120] Looks like. [48:07.120 --> 48:10.960] Good luck on that guys. [48:10.960 --> 48:21.680] So this points directly at a federal lawsuit against the state of Texas and it has to be [48:21.680 --> 48:31.600] construed that the local judge is aware of the law in these matters and since in these [48:31.600 --> 48:34.840] cases you did file a challenge subject matter jurisdiction. [48:34.840 --> 48:36.840] Oh yeah. [48:36.840 --> 48:45.520] Okay, sue the judge, no sue the state of Texas and sue the judge personally, name the judge [48:45.520 --> 48:54.080] and name him personally, accuse him of abusive process and acting without subject matter [48:54.080 --> 48:55.080] jurisdiction. [48:55.080 --> 49:02.960] So you sue him not, you sue him in his official capacity and in his personal capacity. [49:02.960 --> 49:09.800] That is not going to make him happy at all and very good chance it'll tear a little bit [49:09.800 --> 49:12.600] of his honor off. [49:12.600 --> 49:18.240] We have Olivier who's likely to be called again here before too long and he is doing [49:18.240 --> 49:25.120] just exactly that kind of thing in Tennessee and he is really working him over. [49:25.120 --> 49:29.000] They've been arresting him for the same thing. [49:29.000 --> 49:36.160] He beat the charge five times in a row and they're still arresting him for it. [49:36.160 --> 49:42.620] So now, last time I talked to him I had him write a habeas and in your case it may be [49:42.620 --> 49:48.560] appropriate that you do this through a habeas. [49:48.560 --> 50:01.120] You file a habeas with the federal court and you have the state come before the federal, [50:01.120 --> 50:07.240] you file it with the bankruptcy court, the one that gave this ruling and let the state [50:07.240 --> 50:12.080] prosecutors come and explain to a federal judge why they're ignoring the federal judge's [50:12.080 --> 50:13.080] rulings. [50:13.080 --> 50:17.120] That ought to get interesting. [50:17.120 --> 50:25.360] Oh yeah, like I say, especially because the rest of you to caught us should have dismissed [50:25.360 --> 50:30.880] everything outright and just totally walked all over that, threw that right out. [50:30.880 --> 50:36.160] Subject matter jurisdiction was the very first thing, just walked right over, threw all that [50:36.160 --> 50:37.160] out. [50:37.160 --> 50:40.160] I mean Rockwall is just throwing everything out, just stomping on it. [50:40.160 --> 50:44.800] Well good, now take Rockwall to the federal court and see if the federal court throws [50:44.800 --> 50:46.400] everything out. [50:46.400 --> 50:51.280] Oh, that's the next step. [50:51.280 --> 50:56.760] And a habeas is not that difficult to file. [50:56.760 --> 51:05.080] That would probably be easier than filing say the 42 U.S. Code 1983 suit, although one [51:05.080 --> 51:07.920] is definitely in order. [51:07.920 --> 51:14.680] The habeas is in the nature of a declaratory judgment suit. [51:14.680 --> 51:17.120] Just exactly what we were talking about. [51:17.120 --> 51:26.200] You're asking the judge to make a ruling on letter of law. [51:26.200 --> 51:33.520] Your rights are being deprived by the state in contravention of a ruling by the federal [51:33.520 --> 51:38.840] court. [51:38.840 --> 51:46.040] So in this case, there comes a question. [51:46.040 --> 51:54.520] Can the federal court discharge state fees and fines? [51:54.520 --> 52:03.880] Apparently they can, because apparently the federal court didn't raise any state preemption [52:03.880 --> 52:07.400] issues over that, did they? [52:07.400 --> 52:08.940] Not that I know of. [52:08.940 --> 52:14.840] So then apparently they can, and if they ruled it, then they ruled it, if the state didn't [52:14.840 --> 52:21.920] like it, they would have had to have taken the fed to court and claim preemption of state [52:21.920 --> 52:24.240] law. [52:24.240 --> 52:26.760] So they didn't do that. [52:26.760 --> 52:30.480] They just acted in violation of state law. [52:30.480 --> 52:44.880] So this might be a good situation to where you can do a private attorney general suit. [52:44.880 --> 52:51.520] You file this, first you want to get the habeas. [52:51.520 --> 52:55.480] The habeas becomes a risk to your cutter. [52:55.480 --> 53:03.920] You file habeas in the bankruptcy court and ask the bankruptcy court that when the state [53:03.920 --> 53:11.040] revoked your license, that they did so in violation of the federal court ruling. [53:11.040 --> 53:17.080] And once you get the court to rule that your license is not void and it never was, or not [53:17.080 --> 53:25.080] invalid, it never was, because the action was improper, that's rescue your cutter. [53:25.080 --> 53:33.000] Now all of the arrests for driving on an invalid license become void, become torturous. [53:33.000 --> 53:43.880] So you can take action for malicious prosecution, come back and sue them all, especially the [53:43.880 --> 53:47.440] county judge. [53:47.440 --> 53:53.560] You want to ignore a challenge to subject matter jurisdiction, good luck on that guy. [53:53.560 --> 53:59.960] Because once a challenge to subject matter jurisdiction is made, subject matter jurisdiction [53:59.960 --> 54:10.160] is lost because the presumption of jurisdiction is overcome by the filing. [54:10.160 --> 54:20.240] When a complaint is filed with the criminal district, criminal court, jurisdiction is [54:20.240 --> 54:21.240] presumed. [54:21.240 --> 54:30.820] And jurisdiction, well when a petition is filed in any court, jurisdiction is presumed. [54:30.820 --> 54:41.760] So long as the person meets venue and territorial jurisdiction and impersonal jurisdiction over [54:41.760 --> 54:50.400] the person, on its face, if on its face he meets the requirements of impersonal and territorial [54:50.400 --> 54:55.400] jurisdiction, they will presume that jurisdiction exists. [54:55.400 --> 55:00.080] And if the issue is never raised, then they act as if they have jurisdiction even if they [55:00.080 --> 55:01.080] don't. [55:01.080 --> 55:10.560] But once you challenge subject matter jurisdiction, the presumption of regularity is lost and [55:10.560 --> 55:13.320] jurisdiction ceases. [55:13.320 --> 55:17.040] And the judge can no longer move forward until he proves jurisdiction. [55:17.040 --> 55:25.880] It's not the petition or the plaintiff who must prove jurisdiction, it is the judge. [55:25.880 --> 55:36.240] So the judge just flat out ignored law, let me try to explain that to a federal court. [55:36.240 --> 55:41.320] Does it sound like fun, Scott? [55:41.320 --> 55:48.280] Oh, you know, all of this is just so much fun, it makes my head spin. [55:48.280 --> 55:52.320] This will almost certainly stop everything. [55:52.320 --> 55:58.440] And once you file the habeas, everything's going to come to a halt, because habeas really [55:58.440 --> 56:00.280] get their attention. [56:00.280 --> 56:07.000] You send the habeas to the court and you file it, you send it to the local court to give [56:07.000 --> 56:08.000] them notice. [56:08.000 --> 56:12.880] And you send one to the Department of Public Safety to give them notice and you file it [56:12.880 --> 56:15.680] with the Federal Bankruptcy Court. [56:15.680 --> 56:19.320] When they see that you're filing a habeas with the Federal Bankruptcy Court, they are [56:19.320 --> 56:24.120] not going to be happy campers. [56:24.120 --> 56:29.280] That's going to be an oops and good chance that'll make all of this go away. [56:29.280 --> 56:35.800] And then following the habeas, then what was the Federal Bankruptcy Court to do? [56:35.800 --> 56:40.480] They gave the ruling, they almost have to uphold it. [56:40.480 --> 56:47.240] I realize the courts are absolutely corrupt, but this is bankruptcy. [56:47.240 --> 56:49.960] This is a different deal. [56:49.960 --> 56:54.360] So they are outright defying the Bankruptcy Court. [56:54.360 --> 57:02.080] And I can't see the federal judge being happy about the state actors retaliating against [57:02.080 --> 57:06.160] you because you filed bankruptcy. [57:06.160 --> 57:10.720] So that's my story and I'm sticking to it. [57:10.720 --> 57:21.120] Okay, well, then let me get to working on that and then we'll just go from there. [57:21.120 --> 57:22.120] Okay. [57:22.120 --> 57:29.560] And you have been arrested, do you have a copy of my, the habeas that was on Jewish [57:29.560 --> 57:30.560] imprudence? [57:30.560 --> 57:32.560] Yes, I do. [57:32.560 --> 57:33.560] Okay. [57:33.560 --> 57:41.440] Go down that and that, all of the violations you see in there, you use that in your notice [57:41.440 --> 57:45.200] of tort. [57:45.200 --> 57:51.560] That all of these prosecutions were improper, all of these arrests were improper and all [57:51.560 --> 57:57.680] of these improper actions they took after the arrest are now actionable. [57:57.680 --> 58:06.120] So you give them a good whopping notice of tort and that ought to get their attention. [58:06.120 --> 58:14.040] Oh, well, yeah, it's going to be, man, there's so much stuff going on with this, it's just [58:14.040 --> 58:15.040] retarded. [58:15.040 --> 58:17.040] It's going to take a few guys like you. [58:17.040 --> 58:21.160] We've got two or three people around doing this kind of thing and it's going to take [58:21.160 --> 58:26.160] some suits against these judges to get them to finally back up and do things like they're [58:26.160 --> 58:27.840] supposed to. [58:27.840 --> 58:28.840] Okay. [58:28.840 --> 58:29.840] We are about to go to break. [58:29.840 --> 58:38.160] This is our top of the hour break, so it's a good time for everybody to go to the logosradionetwork.com [58:38.160 --> 58:41.440] page and look over our sponsors. [58:41.440 --> 58:50.360] And if you buy from Amazon, do it from our page and we'll be right back. [58:50.360 --> 58:54.160] Would you like to make more definite progress in your walk with God? [58:54.160 --> 58:59.720] Bibles for America is offering a free study Bible and a set of free Christian books that [58:59.720 --> 59:01.040] can really help. [59:01.040 --> 59:05.520] The New Testament Recovery Version is one of the most comprehensive study Bibles available [59:05.520 --> 59:06.520] today. [59:06.520 --> 59:10.400] It's an accurate translation and it contains thousands of footnotes that will help you [59:10.400 --> 59:13.520] to know God and to know the meaning of life. [59:13.520 --> 59:18.780] The free books are a three-volume set called Basic Elements of the Christian Life. [59:18.780 --> 59:23.040] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan [59:23.040 --> 59:27.960] of salvation, growing in Christ, and how to build up the church. [59:27.960 --> 59:32.980] To order your free New Testament Recovery Version and Basic Elements of the Christian [59:32.980 --> 59:45.760] Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102, or visit [59:45.760 --> 59:48.440] us online at bfa.org. [59:48.440 --> 59:54.640] Live, free speech radio, logosradionetwork.com. [59:54.640 --> 01:00:05.800] The following use flash is brought to you by the Lone Star Lowdown, providing the deli [01:00:05.800 --> 01:00:13.440] bulletins for the commodities market, today in history, news updates, and the inside scoop [01:00:13.440 --> 01:00:21.120] into the tides of the alternative. [01:00:21.120 --> 01:00:27.360] Markets for Wednesday, the 28th of September, 2016, are currently trading with gold at $1,321.50 [01:00:27.360 --> 01:00:34.680] an ounce, silver, $19.16 an ounce, Texas crude, $44.67 a barrel, and Bitcoin is currently [01:00:34.680 --> 01:00:39.160] sitting at about $604 U.S. currency. [01:00:39.160 --> 01:00:48.680] Today in history, the year 1928, Sir Alexander Fleming notices bacteria killing mold growing [01:00:48.680 --> 01:00:53.320] in his laboratory, in essence discovering what later became known as penicillin, today [01:00:53.320 --> 01:00:58.160] in history. [01:00:58.160 --> 01:01:02.840] In recent use, FBI Director James Comey, while being asked about the FBI warning sent to [01:01:02.840 --> 01:01:07.440] states in June, and two successful intrusions into voter registration databases in Illinois [01:01:07.440 --> 01:01:12.440] and Arizona, told a House committee during an FBI oversight hearing Wednesday today that [01:01:12.440 --> 01:01:16.920] quote, there have been a variety of scanning activities, which is a preamble for potential [01:01:16.920 --> 01:01:21.760] intrusion activities, as well as some attempted intrusions at voter database registrations [01:01:21.760 --> 01:01:25.860] beyond those we knew about in July and August, though he did assure that the actual voting [01:01:25.860 --> 01:01:30.120] systems are not connected to the internet and are decentralized, rendering the hacking [01:01:30.120 --> 01:01:32.840] of any national election essentially impossible. [01:01:32.840 --> 01:01:36.400] He went on to say that we are urging the states just to make sure that their dead volts are [01:01:36.400 --> 01:01:41.160] thrown and their locks are on, and to get the best information they can, just to make [01:01:41.160 --> 01:01:45.440] sure that their systems are secure, because there's no doubt that some bad actors have [01:01:45.440 --> 01:01:51.080] been poking around. [01:01:51.080 --> 01:01:54.560] Both the Senate and the House voted Wednesday today in favor of the Justice Against Sponsors [01:01:54.560 --> 01:01:59.640] of Terrorism Act, or JASTA, overruling the veto the Obama administration made last week [01:01:59.640 --> 01:02:02.900] and the disregarding of warnings from top Pentagon officials. [01:02:02.900 --> 01:02:08.120] The bill allows family members of 9-11 victims to sue Saudi Arabia for backing up the attackers, [01:02:08.120 --> 01:02:12.480] as outlined in the recently disclosed 28 pages of the 9-11 Commission Report. [01:02:12.480 --> 01:02:16.240] Obama even went as far as to send a letter to the Senate leaders on Tuesday, warning [01:02:16.240 --> 01:02:21.000] that other countries could use JASTA to justify similar immunity exceptions to target the [01:02:21.000 --> 01:02:22.000] U.S. [01:02:22.000 --> 01:02:25.520] Political advisors are concerned that Saudi Arabia could, in response to the law, pull [01:02:25.520 --> 01:02:30.320] billions of dollars from the U.S. economy and persuade close allies in the Gulf Cooperation [01:02:30.320 --> 01:02:36.040] Council to scale back counter-terrorism cooperation, investment, and U.S. access to important regional [01:02:36.040 --> 01:02:37.040] military bases. [01:02:37.040 --> 01:02:42.040] Saudi Foreign Minister Adil al-Jubeir also told reporters back in June that the U.S. [01:02:42.040 --> 01:02:44.880] had the most to lose if JASTA was enacted. [01:02:44.880 --> 01:02:50.160] The Low Star Lowdown is currently looking for sponsors to advertise with us, feel free [01:02:50.160 --> 01:02:53.160] to give me a call at 210-363-2257. [01:02:53.160 --> 01:03:09.120] This is Rick Rodeo with the Lowdown for September 28, 2016. [01:03:09.120 --> 01:03:30.440] Okay, we are back, Randy Kelton, Lula Radio, and we're talking to Scott in Texas. [01:03:30.440 --> 01:03:34.640] Okay, Scott, do you have anything else for us? [01:03:34.640 --> 01:03:36.640] Well, I'm good. [01:03:36.640 --> 01:03:43.520] Okay, so you're ready to get on the habeas corpus. [01:03:43.520 --> 01:03:44.520] That's going to be fun. [01:03:44.520 --> 01:03:46.240] I think you'll like the habeas corpus. [01:03:46.240 --> 01:03:49.560] Oh yeah, I've read it. [01:03:49.560 --> 01:03:53.200] The habeas corpus is the great writ. [01:03:53.200 --> 01:03:56.680] Everything stands down before the writ. [01:03:56.680 --> 01:04:00.920] So it should get interesting when you take this to the federal court. [01:04:00.920 --> 01:04:07.560] You know, they get bored, they do the same stuff over and over every day. [01:04:07.560 --> 01:04:12.520] You give them an opportunity to do something interesting. [01:04:12.520 --> 01:04:18.960] And good chance the judge is going to enjoy taking a shot at the state. [01:04:18.960 --> 01:04:27.920] Okay, our call boards are fairly empty tonight, and we have three more hours. [01:04:27.920 --> 01:04:36.880] So I'm going to go back to talking about something that I wanted to address from the beginning. [01:04:36.880 --> 01:04:45.840] And it's a section in the e-book that I'm writing, and the reason I like to talk about [01:04:45.840 --> 01:04:57.480] it on the air is because I'm taking some rather sophisticated linguistic structures and turning [01:04:57.480 --> 01:04:59.960] them around backwards. [01:04:59.960 --> 01:05:06.800] Anybody here who's familiar with neuro-linguistic programming will recognize that neuro-linguistic [01:05:06.800 --> 01:05:14.080] programming is not something that was invented by Grinder and Bandelier. [01:05:14.080 --> 01:05:26.680] Grinder and Bandelier simply named their explanation of how the mind works neuro-linguistic programming. [01:05:26.680 --> 01:05:33.880] They didn't come up with anything new, they just came up with some descriptions of how [01:05:33.880 --> 01:05:38.160] human beings use language. [01:05:38.160 --> 01:05:44.000] And for the most part, they didn't come up with the majority of this, other researchers [01:05:44.000 --> 01:05:46.000] did. [01:05:46.000 --> 01:05:55.880] And they just put it together in a way that ordinary people could make sense of it. [01:05:55.880 --> 01:06:04.920] These are, I want to talk about some linguistic structures, and these structures are structures [01:06:04.920 --> 01:06:12.600] that we use every day, and one of them's cause and effect, and it gives a good explanation [01:06:12.600 --> 01:06:18.040] that will kind of demonstrate why I want to go to these linguistic structures. [01:06:18.040 --> 01:06:29.920] And I'm going to read the explanation in the therapeutic context, neuro-linguistic programming [01:06:29.920 --> 01:06:38.680] presents these linguistic structures in a therapeutic context as a way of being able [01:06:38.680 --> 01:06:47.440] to help other people change behavior that they want to change. [01:06:47.440 --> 01:06:52.000] When I first came across neuro-linguistic programming, they were the first one that [01:06:52.000 --> 01:07:00.200] treated the living mind as if it was consistent, as if it was ultimately understandable. [01:07:00.200 --> 01:07:07.840] And they looked at this mechanism and tried to define or discern consistencies in the [01:07:07.840 --> 01:07:16.440] way the mechanism worked, and then used those mechanisms in a way that would help an individual [01:07:16.440 --> 01:07:20.840] enrich their mental model of the world they live in. [01:07:20.840 --> 01:07:25.920] And when we're speaking to language, they talk about deep structure and surface structure. [01:07:25.920 --> 01:07:31.880] The surface structure of communication is what you say, and I'm sure everybody's heard [01:07:31.880 --> 01:07:43.560] that 90% of the communication between two people is in body language or in other modalities [01:07:43.560 --> 01:07:47.040] other than the spoken word. [01:07:47.040 --> 01:07:52.120] Well, there's more to it than that. [01:07:52.120 --> 01:07:54.760] Language is complex. [01:07:54.760 --> 01:07:58.400] The world we live in is extremely complex. [01:07:58.400 --> 01:08:01.680] Let's say we want to talk about law. [01:08:01.680 --> 01:08:12.480] Well, if I'm going to speak to you about law, I have to presume that you already understand [01:08:12.480 --> 01:08:16.200] a vast amount of information. [01:08:16.200 --> 01:08:24.040] And I don't have to explain to you every minute little detail. [01:08:24.040 --> 01:08:30.240] I'm sure you've listened to some of my explanations and thought I was being horribly pedantic [01:08:30.240 --> 01:08:35.120] because I'm going into all this fine detail and make you crazy with it. [01:08:35.120 --> 01:08:38.520] And I do that in law to make sure we're all on the right page. [01:08:38.520 --> 01:08:41.640] But in normal conversation, you don't do that. [01:08:41.640 --> 01:08:50.160] You take this word that has a general meaning that covers a lot of underlying understanding [01:08:50.160 --> 01:08:52.680] and you say this word. [01:08:52.680 --> 01:09:02.600] And the intent of it is to access the information in the mind of the other person, the detailed [01:09:02.600 --> 01:09:04.840] information that you don't want to have to tell them. [01:09:04.840 --> 01:09:12.440] But if I tell you I was driving my car, I don't have to explain every minor little aspect [01:09:12.440 --> 01:09:17.840] of opening the door, sitting in the car, sticking the key in the ignition, turning the ignition. [01:09:17.840 --> 01:09:20.160] I explain all that. [01:09:20.160 --> 01:09:27.320] When I say I'm driving my car, you create an image in your mind of what it is to drive [01:09:27.320 --> 01:09:28.320] a car. [01:09:28.320 --> 01:09:35.920] If I say I'm driving down Highway 635 in North Dallas near Central Expressway, you've got [01:09:35.920 --> 01:09:37.680] an image of that in your mind. [01:09:37.680 --> 01:09:41.080] If you're in the North Dallas area, you've been there yourself. [01:09:41.080 --> 01:09:42.960] So you can put yourself in that position. [01:09:42.960 --> 01:09:46.240] I don't have to explain all that deep structure stuff. [01:09:46.240 --> 01:09:56.800] Well, that's a great for allowing us to have sophisticated communications with one another. [01:09:56.800 --> 01:10:09.480] However, very often we use surface structures without a conscious representation of our [01:10:09.480 --> 01:10:12.080] deep structures. [01:10:12.080 --> 01:10:15.720] That really makes me mad. [01:10:15.720 --> 01:10:23.360] Well, when I say that really makes me mad, I have an image in my mind of what that means. [01:10:23.360 --> 01:10:30.400] I have a whole cluster of information that defines what that means. [01:10:30.400 --> 01:10:40.120] When you hear that, you have a whole cluster of information that defines what that means. [01:10:40.120 --> 01:10:50.240] Your understanding of it may be the same as my understanding and it may not to the degree [01:10:50.240 --> 01:10:55.920] that our understandings of the deep structure are different. [01:10:55.920 --> 01:11:01.200] That creates a complex equivalent. [01:11:01.200 --> 01:11:09.520] It seems on the surface as if we're both in the same place, but we could be in radically [01:11:09.520 --> 01:11:16.360] different places depending on our history and the way we've learned to define terms. [01:11:16.360 --> 01:11:28.280] Well, little linguistic programming uses tools to force the speaker to access deep structure. [01:11:28.280 --> 01:11:32.360] Boy, he really makes me mad. [01:11:32.360 --> 01:11:41.960] Well, how does he make you mad or how do you feel differently when you're mad as opposed [01:11:41.960 --> 01:11:44.040] to when you're not mad? [01:11:44.040 --> 01:11:48.680] These are questions that do not go to content. [01:11:48.680 --> 01:11:53.520] These are questions that go to structure and they call this the meta-model. [01:11:53.520 --> 01:12:00.480] We're not talking about the content of what you're saying, but we're addressing the way [01:12:00.480 --> 01:12:08.400] you use the language and asking where you have used a deletion or a distortion and anomalization. [01:12:08.400 --> 01:12:16.560] We're asking you to go pull up some of the more fine details and explain it more clearly. [01:12:16.560 --> 01:12:26.800] Often, we develop these internal definitions of things and we begin to lose the deep structure, [01:12:26.800 --> 01:12:31.040] lose direct conscious awareness of the deep structure. [01:12:31.040 --> 01:12:37.160] Under new linguistic programming, by accessing the deep structure, they help someone to better [01:12:37.160 --> 01:12:44.800] explain the situation to themselves and if they do it right, the practitioner doesn't [01:12:44.800 --> 01:12:50.520] enter any information himself. [01:12:50.520 --> 01:12:57.000] You could have a situation and I could think I know something about it, but I'm just hallucinating. [01:12:57.000 --> 01:13:02.240] I'm taking your model of the world, comparing it to my model of the world and hallucinating [01:13:02.240 --> 01:13:07.320] in that I'm thinking that your model is my model and it's not. [01:13:07.320 --> 01:13:09.440] You live in a different world than I do. [01:13:09.440 --> 01:13:19.360] We have these tools to step outside the model and look back at the model and address issues [01:13:19.360 --> 01:13:26.360] based on the structure of the language that we're using, which is a great tool for therapy. [01:13:26.360 --> 01:13:32.560] A lot of these tools are used in what we call conversational induction. [01:13:32.560 --> 01:13:37.480] There was a guy, Milton Erickson, who could take you and bring you out. [01:13:37.480 --> 01:13:41.360] You never know you've been there. [01:13:41.360 --> 01:13:45.400] There are lawyers who do the same thing. [01:13:45.400 --> 01:13:55.440] We do that to one another all the time without realizing it and by studying these structural [01:13:55.440 --> 01:14:04.160] aspects of the language, it makes it easier for us to recognize when we're being led subliminally [01:14:04.160 --> 01:14:06.240] as opposed to consciously. [01:14:06.240 --> 01:14:14.400] Lawyers use this all the time and I use it backwards. [01:14:14.400 --> 01:14:21.560] I use it when we're on the show for more clear communication. [01:14:21.560 --> 01:14:31.200] But there are tools in here like lack of referential index when you don't give someone an accurate [01:14:31.200 --> 01:14:34.040] way of referring to things. [01:14:34.040 --> 01:14:44.080] Well, we can use these tools to access referential index or we can use these tools to be artfully [01:14:44.080 --> 01:14:45.080] vague. [01:14:45.080 --> 01:14:53.040] An example, I read a book by Dean Koontz and he told about he's trying to find this investigator's [01:14:53.040 --> 01:14:59.200] records and the investigator had died and his wife had his records and he goes to where [01:14:59.200 --> 01:15:03.560] his wife lives and he describes the trailer she lived in. [01:15:03.560 --> 01:15:10.640] He spent 20 something pages describing this mobile home. [01:15:10.640 --> 01:15:16.400] It was three bedroom, rather small, aging. [01:15:16.400 --> 01:15:22.720] He described how a porch had been on and how it was finally painted and the flowers beds [01:15:22.720 --> 01:15:31.000] around it and the disabled ramp that indicated that she was in a wheelchair and just on and [01:15:31.000 --> 01:15:33.680] on and on and on and on. [01:15:33.680 --> 01:15:45.040] And he could have said she was living in a very well-kept but aging mobile home. [01:15:45.040 --> 01:15:54.200] And I would have created in my mind an image of a quaint, well-kept, aging mobile home [01:15:54.200 --> 01:16:01.520] that fit very well in my understanding, but he didn't do that. [01:16:01.520 --> 01:16:06.840] He said she lived in an older mobile home so I created an older mobile home in my mind, [01:16:06.840 --> 01:16:12.400] what one looked like to me and then he gave it dimensions so I had to take mine and readjust [01:16:12.400 --> 01:16:17.480] it to those dimensions and then he put a ramp in front of it so I had to take my picture [01:16:17.480 --> 01:16:21.160] and put a ramp in front of it and he told what kind of flowers were in the flower bed [01:16:21.160 --> 01:16:23.280] so I had to stick flowers in it. [01:16:23.280 --> 01:16:25.480] He was making me crazy. [01:16:25.480 --> 01:16:32.440] He called that a reality stack that gets you busy with irrelevant details and then you [01:16:32.440 --> 01:16:34.600] miss the important details. [01:16:34.600 --> 01:16:39.280] So we can use this forward, we can use this backward and when we come back I want to talk [01:16:39.280 --> 01:16:46.280] about artful vagueness and how we can use artful vagueness and how all of these tools [01:16:46.280 --> 01:16:47.720] refer to artful vagueness. [01:16:47.720 --> 01:16:54.120] This is Randy Kelkin, the rules of our radio and I'm probably putting everybody to sleep [01:16:54.120 --> 01:16:57.960] but I want to torture you a little while when we come back and we've got a couple of callers [01:16:57.960 --> 01:16:58.960] we'll go to them. [01:16:58.960 --> 01:16:59.960] We'll be right back. [01:16:59.960 --> 01:17:04.840] At Capital Coin and Bullion our mission is to be your preferred shopping destination [01:17:04.840 --> 01:17:08.920] by delivering excellent customer service and outstanding value at an affordable price. 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[01:18:50.040 --> 01:18:59.040] 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 [01:18:59.040 --> 01:19:00.040] collectors now. [01:19:00.040 --> 01:19:01.040] This is the Logos Radio Network. [01:19:01.040 --> 01:19:26.840] Okay, we are back. [01:19:26.840 --> 01:19:35.640] Randy Kelvin, Rule of Law Radio and I suspect I'm probably torturing my listeners, but this [01:19:35.640 --> 01:19:48.640] is a very powerful set of techniques that I'm trying to find a way to structure my language [01:19:48.640 --> 01:19:51.840] so that this will make sense to you. [01:19:51.840 --> 01:20:00.920] I'm going to read just one little section here by an author talking about one of these [01:20:00.920 --> 01:20:03.720] sections and then I'll go to our callers. [01:20:03.720 --> 01:20:09.040] We've got a couple of callers on the board, but this will kind of tell you where I'm trying [01:20:09.040 --> 01:20:10.040] to go. [01:20:10.040 --> 01:20:16.360] In hypnosis, we sometimes choose to deliberately violate... Oops, I'm sorry, I think I moved [01:20:16.360 --> 01:20:18.560] my page back up. [01:20:18.560 --> 01:20:29.640] Okay, in the NLP Meta Model, Richard Bandelier and John Grenders named for the well-formedness [01:20:29.640 --> 01:20:34.480] conditions of the surface structure of the English language. [01:20:34.480 --> 01:20:40.120] It's based on the recognition that all language has presuppositions, deletions, distortions [01:20:40.120 --> 01:20:41.120] and generalizations. [01:20:41.120 --> 01:20:47.720] The Meta Model was employed to expose those and enable the listener to discover the deeper [01:20:47.720 --> 01:20:49.360] structure of the sentence. [01:20:49.360 --> 01:20:55.840] The student listener would utilize direct questions to derive the more specific meanings [01:20:55.840 --> 01:20:58.240] the speaker intends. [01:20:58.240 --> 01:21:04.880] In hypnosis, we sometimes choose to deliberately violate these well-formedness conditions in [01:21:04.880 --> 01:21:11.520] order to be purposely and artfully vague. [01:21:11.520 --> 01:21:17.240] This enables the listener to fill in the blanks themselves and creates a more seamless and [01:21:17.240 --> 01:21:20.760] deep trance experience. [01:21:20.760 --> 01:21:29.760] This is an introduction into some of these techniques and how they're used in hypnosis. [01:21:29.760 --> 01:21:37.600] Well, these are tools everybody uses in ordinary language every day. [01:21:37.600 --> 01:21:41.360] There's nothing new here. [01:21:41.360 --> 01:21:47.560] But we're trying to set these out so that you notice them. [01:21:47.560 --> 01:21:52.800] Now, the reason I read both sides of that, this reverse Meta Model, let me give you an [01:21:52.800 --> 01:21:57.400] example of what he's talking about. [01:21:57.400 --> 01:22:03.800] At first, people always wonder how deeply you will go into trance, how deeply you will [01:22:03.800 --> 01:22:04.960] go into trance. [01:22:04.960 --> 01:22:07.600] This presupposes that you'll go into trance. [01:22:07.600 --> 01:22:12.000] The question is not whether you'll go into trance or not, but how deeply you will go. [01:22:12.000 --> 01:22:15.360] It bypasses the question of whether or not you'll go into trance. [01:22:15.360 --> 01:22:21.060] If I don't want to spend too much time on this, I'd like to do this in pieces in some [01:22:21.060 --> 01:22:29.480] other shows, a few pieces at a time, so that we can become aware of these structures. [01:22:29.480 --> 01:22:34.560] It's not necessary to know all of them. [01:22:34.560 --> 01:22:42.120] But if you have heard the definition of them and been exposed to those structures, then [01:22:42.120 --> 01:22:46.520] when you're in court and you're listening to this lawyer babble on, every once in a [01:22:46.520 --> 01:22:52.840] while, you're going to have some red flags popping up that you otherwise wouldn't have. [01:22:52.840 --> 01:22:59.400] Once the red flag starts popping up, then it puts you on your guard as to keep you from [01:22:59.400 --> 01:23:07.280] being led to accept things that you would not otherwise accept or to believe things [01:23:07.280 --> 01:23:10.160] that may or may not be true. [01:23:10.160 --> 01:23:18.680] Just very quickly, I'm going to go down the names of some of these. [01:23:18.680 --> 01:23:26.760] You will find as you look at these structures that they are all part of the same thing. [01:23:26.760 --> 01:23:36.560] We've arbitrarily isolated them into separate structures, but they really all mesh together. [01:23:36.560 --> 01:23:42.440] The first one we start out with is lack of specific reference, lack of referential index. [01:23:42.440 --> 01:23:53.800] We do that through unspecified adjectives, unspecified simple deletions, unspecified [01:23:53.800 --> 01:23:57.520] relationships, and unspecified nouns. [01:23:57.520 --> 01:24:06.000] We create comparative deletions where we compare things together, but we don't state specifically [01:24:06.000 --> 01:24:09.600] what we're comparing. [01:24:09.600 --> 01:24:15.120] Unspecified referential index, unspecified verbs, nominalizations. [01:24:15.120 --> 01:24:19.600] Nominalization is where you take a process and turn it into a noun. [01:24:19.600 --> 01:24:22.400] That really makes me mad. [01:24:22.400 --> 01:24:26.120] Mad is not a thing. [01:24:26.120 --> 01:24:35.240] Mad is a term to describe a number of actions, a certain type of actions. [01:24:35.240 --> 01:24:36.520] Doesn't tell what they are. [01:24:36.520 --> 01:24:43.560] It's just one term that groups that whole set of behaviors together in one term. [01:24:43.560 --> 01:24:46.320] That's called a nominalization. [01:24:46.320 --> 01:24:53.800] One of the most insidious tools a lawyer will use to misdirect you, unspecified versus you. [01:24:53.800 --> 01:25:06.120] Modal operators, must, should, must, can't, this is the mother's. [01:25:06.120 --> 01:25:10.400] You have modal operators of necessity. [01:25:10.400 --> 01:25:11.400] I'll go on. [01:25:11.400 --> 01:25:12.400] We're going to run out. [01:25:12.400 --> 01:25:14.240] I don't have enough time for all of these. [01:25:14.240 --> 01:25:17.520] So you hear them and I'll go back to them later. [01:25:17.520 --> 01:25:22.480] Selectional restriction violation, that's where you attribute characteristics to something [01:25:22.480 --> 01:25:30.840] that can't have those characteristics, where for instance, I bet your clothes wish you [01:25:30.840 --> 01:25:34.640] would go on a diet, where your clothes can't wish you could go on a diet. [01:25:34.640 --> 01:25:37.520] That's a selectional restriction violation. [01:25:37.520 --> 01:25:45.240] The quantifiers, implied or stated, false cause and effect, mind reading, complex equivalence, [01:25:45.240 --> 01:25:49.720] which I've addressed before, and loss performatives. [01:25:49.720 --> 01:25:51.360] I will get into these. [01:25:51.360 --> 01:26:02.240] Anybody who has a greater interest in this, send me an email and I will give them this [01:26:02.240 --> 01:26:09.320] section of the ebook, the section on mental flow. [01:26:09.320 --> 01:26:12.200] This whole section is about mental flow. [01:26:12.200 --> 01:26:21.680] How do you move the mind of your listener or your reader from where you're at to another [01:26:21.680 --> 01:26:25.160] place without tripping them up? [01:26:25.160 --> 01:26:31.440] How do you keep from generating unintended questions in the mind of your reader? [01:26:31.440 --> 01:26:37.760] I suspect everybody here has been to a seminar at one time or another, and you're going along [01:26:37.760 --> 01:26:45.080] in the seminar and the speaker will make a statement and you'll say, what? [01:26:45.080 --> 01:26:51.840] You won't understand what he's referring to or an implication that he makes, and when [01:26:51.840 --> 01:26:58.120] that happens, you experience a pattern interruption, you are stopped, and you're trying to figure [01:26:58.120 --> 01:27:02.000] out what he's talking about. [01:27:02.000 --> 01:27:06.240] This is my major complaint to acronyms, never use acronyms. [01:27:06.240 --> 01:27:16.440] You can see Respa, R-E-S-P-A, and every time some part of the brain will have to separate [01:27:16.440 --> 01:27:27.840] itself from the flow and read it, real estate settlement procedures act, it always interrupts [01:27:27.840 --> 01:27:31.360] flow, always, always. [01:27:31.360 --> 01:27:38.360] If you put in real estate settlement procedures act, nice big long title, but the brain will [01:27:38.360 --> 01:27:46.600] see that like it sees a 1961 Chevrolet, it's not going to read all those words, it recognizes [01:27:46.600 --> 01:27:55.840] them and does not drop out of flow, unless you spelled one of them wrong. [01:27:55.840 --> 01:28:02.080] And then the images you have in your mind of what this word looks like doesn't exactly [01:28:02.080 --> 01:28:08.000] match the image that you're seeing, and that other part of your brain will interrupt the [01:28:08.000 --> 01:28:11.720] flow and say, wait a minute, something's wrong with that. [01:28:11.720 --> 01:28:15.880] I'm not sure exactly what it is, but something isn't right. [01:28:15.880 --> 01:28:19.840] You drop out of flow and then you figure out they got two letters reversed, and then you [01:28:19.840 --> 01:28:20.840] go on. [01:28:20.840 --> 01:28:23.440] So be careful with your spelling, be careful with your grammar. [01:28:23.440 --> 01:28:26.720] They always cause pattern interruptions. [01:28:26.720 --> 01:28:39.280] And be careful to structure your language so that you always give referential index. [01:28:39.280 --> 01:28:46.000] That's why we object to pronouns, same thing, pronouns always create to drop you out of [01:28:46.000 --> 01:28:47.000] flow. [01:28:47.000 --> 01:28:54.120] This whole section and all of these tools we talk about, I'm not interested in them [01:28:54.120 --> 01:29:01.080] here for their use in therapy or in hypnosis or any of that. [01:29:01.080 --> 01:29:09.480] I'm interested in them in their capacity to interrupt flow and drop someone out of the [01:29:09.480 --> 01:29:17.640] content that you're trying to present and forces them to look at the structure and then [01:29:17.640 --> 01:29:19.840] you lose your reader or your listener. [01:29:19.840 --> 01:29:20.840] Okay. [01:29:20.840 --> 01:29:22.800] That's all I'm going to say about that today. [01:29:22.800 --> 01:29:29.720] We've got some callers on the line, and these are from last night, a couple of them, and [01:29:29.720 --> 01:29:34.880] I definitely want to get to these guys, so if you're interested in this, let me know [01:29:34.880 --> 01:29:41.080] and I'll send you some extra information about it, I'm having a little trouble with my clock [01:29:41.080 --> 01:29:48.000] here this, okay, if you hear some music, I may run off the cliff because my clock is [01:29:48.000 --> 01:29:49.000] not working. [01:29:49.000 --> 01:29:57.440] Anyway, okay, I'm going to go to Rodney in Texas, hello, Rodney, if you hear the music, [01:29:57.440 --> 01:29:58.440] when you're talking... [01:29:58.440 --> 01:30:04.600] Are you a sucker for a good deal? [01:30:04.600 --> 01:30:08.720] Your research suggests the way you respond to one of those limited time offers is all [01:30:08.720 --> 01:30:11.120] about something your parents gave you at birth. [01:30:11.120 --> 01:30:16.560] I'm Dr. Catherine Albrecht, and I'll be back with a surprising story in just a moment. [01:30:16.560 --> 01:30:18.160] Privacy is under attack. [01:30:18.160 --> 01:30:22.560] When you give up data about yourself, you'll never get it back again, and once your privacy [01:30:22.560 --> 01:30:28.000] is gone, you'll find your freedoms will start to vanish too, so protect your rights, say [01:30:28.000 --> 01:30:31.600] no to surveillance and keep your information to yourself. [01:30:31.600 --> 01:30:34.320] Privacy, it's worth hanging on to. [01:30:34.320 --> 01:30:38.600] This public service announcement is brought to you by StartPage.com, the private search [01:30:38.600 --> 01:30:42.120] engine alternative to Google, Yahoo, and Bing. [01:30:42.120 --> 01:30:43.600] Start over with StartPage. [01:30:43.600 --> 01:30:50.120] It's a gift most of us inherit at birth, our last names, and according to new research, [01:30:50.120 --> 01:30:54.440] the first letter of our last names can have a surprising impact on how quickly we respond [01:30:54.440 --> 01:30:55.760] to sales promotions. [01:30:55.760 --> 01:30:59.840] Georgetown University marketing professor Kurt Carlson has found that adults who grew [01:30:59.840 --> 01:31:04.440] up with last names starting with the letters R through Z will jump at opportunities three [01:31:04.440 --> 01:31:08.400] times faster than their peers whose names begin with A through I. [01:31:08.400 --> 01:31:12.960] Carlson theorizes this has to do with the tradition of lining up school children alphabetically [01:31:12.960 --> 01:31:13.960] by last name. [01:31:13.960 --> 01:31:18.160] Kids who always fell at the end of the line developed a need to act quickly after years [01:31:18.160 --> 01:31:19.160] of being last. [01:31:19.160 --> 01:31:20.840] I'm Dr. Catherine Albrecht. [01:31:20.840 --> 01:31:30.600] More news and information at CatherineAlbrecht.com. [01:31:30.600 --> 01:31:35.960] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th. [01:31:35.960 --> 01:31:38.080] The government says that fire brought it down. [01:31:38.080 --> 01:31:43.000] However, 1,500 architects and engineers concluded it was a controlled demolition. [01:31:43.000 --> 01:31:45.720] Over 6,000 of my fellow service members have given their lives. [01:31:45.720 --> 01:31:48.480] But thousands of my fellow first responders are dying. [01:31:48.480 --> 01:31:49.960] I'm not a conspiracy theorist. [01:31:49.960 --> 01:31:50.960] I'm a structural engineer. [01:31:50.960 --> 01:31:52.320] I'm a New York City correction officer. [01:31:52.320 --> 01:31:53.320] I'm an Air Force pilot. [01:31:53.320 --> 01:31:54.920] I'm a father who lost his son. [01:31:54.920 --> 01:31:57.560] We're Americans, and we deserve the truth. [01:31:57.560 --> 01:31:59.560] Go to RememberBuilding7.org today. [01:31:59.560 --> 01:32:02.840] Hey, it's Danny here for Hill Country Home Improvements. [01:32:02.840 --> 01:32:06.120] Did your home receive hail or wind damage from the recent storms? [01:32:06.120 --> 01:32:09.760] Come on, we all know the government caused it with their chemtrails, but good luck getting [01:32:09.760 --> 01:32:10.760] them to pay for it. [01:32:10.760 --> 01:32:14.400] Okay, I might be kidding about the chemtrails, but I'm serious about your roof. [01:32:14.400 --> 01:32:18.200] That's why you have insurance, and Hill Country Home Improvements can handle the claim for [01:32:18.200 --> 01:32:23.400] you with little to no out-of-pocket expense, and we accept Bitcoin as a multi-year A-plus [01:32:23.400 --> 01:32:26.520] member of the Better Business Bureau with zero complaints. [01:32:26.520 --> 01:32:30.880] You can trust Hill Country Home Improvements to handle your claim and your roof right the [01:32:30.880 --> 01:32:31.960] first time. [01:32:31.960 --> 01:32:40.640] Just call 512-992-8745, or go to hillcountryhomeimprovements.com, mention the crypto show, and get $100 off, [01:32:40.640 --> 01:32:45.240] and we'll donate another $100 to the Logos Radio Network to help continue this programming. [01:32:45.240 --> 01:32:50.360] So if those out-of-town roofers come knocking, your door should be locking. [01:32:50.360 --> 01:32:56.360] That's 512-992-8745, or hillcountryhomeimprovements.com. [01:32:56.360 --> 01:32:58.360] Discounts are based on full roof replacement. [01:32:58.360 --> 01:33:02.960] May not actually be kidding about chemtrails. [01:33:02.960 --> 01:33:03.960] Looking for some truth? [01:33:03.960 --> 01:33:15.960] You found it, logosradionetwork.com. [01:33:33.960 --> 01:33:47.960] Okay, we are back, Randy Kelton, Rue La Radio, and let me explain what happened to me at [01:33:47.960 --> 01:33:50.480] the break that time. [01:33:50.480 --> 01:33:58.320] I have a clock here in front of me that tells me how much time I have left in a segment, [01:33:58.320 --> 01:34:01.040] and my clock went down. [01:34:01.040 --> 01:34:07.760] Now we have bumper music, and you can hear that bumper music, but my system has a suppressor [01:34:07.760 --> 01:34:09.200] on it. [01:34:09.200 --> 01:34:16.480] So if you're speaking, or I'm speaking, the suppressor pushes the bumper music down so [01:34:16.480 --> 01:34:18.720] I can't hear it. [01:34:18.720 --> 01:34:25.920] If I'm speaking and you speak, the suppressor will push your voice down under my voice. [01:34:25.920 --> 01:34:31.080] So if ever we're talking, and you're talking and I'm talking, I may or may not hear you [01:34:31.080 --> 01:34:34.040] because it will push your voice down below me. [01:34:34.040 --> 01:34:38.680] And if either one of us are talking and the bumper music comes on, the only time I'll [01:34:38.680 --> 01:34:44.440] hear it is if you stop and take a breath, and I hear a little tone in the background. [01:34:44.440 --> 01:34:45.920] That's what happened at this last segment. [01:34:45.920 --> 01:34:51.120] I heard a tone and went to my clock, and my clock is out. [01:34:51.120 --> 01:34:54.040] So I had no idea how much time I had left. [01:34:54.040 --> 01:34:59.080] So I managed to stumble off the cliff, and Deborah will punish me severely for that. [01:34:59.080 --> 01:35:05.720] Just so you understand, if you hear the bumper music and I don't notice it, if you're talking, [01:35:05.720 --> 01:35:10.400] then let me know, and I will take us to break. [01:35:10.400 --> 01:35:13.240] Okay, enough said on that subject. [01:35:13.240 --> 01:35:14.720] Now we're going to Rodney in Texas. [01:35:14.720 --> 01:35:15.720] Hello, Rodney. [01:35:15.720 --> 01:35:18.480] Hey, how you doing, Randy? [01:35:18.480 --> 01:35:22.200] I'm doing good, and I'm sorry I couldn't get to you last night. [01:35:22.200 --> 01:35:25.480] So we'll get to you early today. [01:35:25.480 --> 01:35:34.200] Yeah, I was able to obtain a lot of useful information from that call with Olivier, particularly [01:35:34.200 --> 01:35:39.720] the part about the vexatious litigate. [01:35:39.720 --> 01:35:47.080] And I actually filed my written end amiss, and that kind of ties in with what I called [01:35:47.080 --> 01:35:48.080] back then. [01:35:48.080 --> 01:35:50.360] Okay, hold on, hold on. [01:35:50.360 --> 01:35:55.400] Back up a little bit and give us all some referential index, give us a quick background [01:35:55.400 --> 01:35:57.600] so we understand where you're at. [01:35:57.600 --> 01:36:06.240] Yeah, I had an administrative hearing, and the hearing person wasn't adhering to any [01:36:06.240 --> 01:36:07.240] of the... [01:36:07.240 --> 01:36:09.800] Okay, hold on, hold on. [01:36:09.800 --> 01:36:13.440] Administrative hearing, what was the nature of the administrative hearing? [01:36:13.440 --> 01:36:23.160] It involved discrimination, educational issues, I'm being nonspecific, but... [01:36:23.160 --> 01:36:24.160] Yeah, I understand. [01:36:24.160 --> 01:36:28.520] Is this a governmental entity or is it a private company? [01:36:28.520 --> 01:36:31.200] It's a state agency. [01:36:31.200 --> 01:36:32.360] Okay, okay. [01:36:32.360 --> 01:36:33.360] Now that makes sense. [01:36:33.360 --> 01:36:37.880] Now the administrative proceeding makes sense because it's with a state agency. [01:36:37.880 --> 01:36:46.120] So you must be subject to a regulatory scheme, and you're not coming in making criminal charges, [01:36:46.120 --> 01:36:52.240] but you're acting within a regulatory scheme using the Administrative Procedures Act to [01:36:52.240 --> 01:36:54.160] adjudicate a regulatory scheme. [01:36:54.160 --> 01:36:57.800] Okay, now I got referential index. [01:36:57.800 --> 01:36:59.000] Okay. [01:36:59.000 --> 01:37:07.960] So well, before the actual administrative hearing, based on my experiences in the real [01:37:07.960 --> 01:37:15.360] courtroom, I knew that it wasn't going to bode well for me if I continued to let this [01:37:15.360 --> 01:37:19.760] hearing officer do what the hearing officer was doing. [01:37:19.760 --> 01:37:32.200] So I called you and you mentioned Ridiman-Damis to go to a higher court that had jurisdiction, [01:37:32.200 --> 01:37:33.520] and that's exactly what I did. [01:37:33.520 --> 01:37:41.320] I wrote out a very simple, did some research and wrote out a very simple, but clear, Ridiman-Damis [01:37:41.320 --> 01:37:45.360] took it to district court. [01:37:45.360 --> 01:37:52.480] Right before a, what they call a duty judge, visiting judge. [01:37:52.480 --> 01:37:59.320] And this is where everything got tricky, and that's why I'm calling you, because we had [01:37:59.320 --> 01:38:12.600] a hearing September 7th before this duty judge, and the attorney general made an appearance [01:38:12.600 --> 01:38:16.160] for the state agency. [01:38:16.160 --> 01:38:25.880] And long story short, everything lasted about 15 minutes before the judge denied my Ridiman-Damis. [01:38:25.880 --> 01:38:28.880] And this is where I made some fundamental mistakes. [01:38:28.880 --> 01:38:39.520] After the hearing was over, I walked out of the court without getting any transcripts. [01:38:39.520 --> 01:38:40.760] That's a bad mistake. [01:38:40.760 --> 01:38:47.920] I later found out that the court reporter was present, but their rules say that if you [01:38:47.920 --> 01:38:55.040] want a transcript of any hearing, you have to request it. [01:38:55.040 --> 01:38:59.120] And I guess you have to make that in writing. [01:38:59.120 --> 01:39:00.840] That was another fundamental mistake. [01:39:00.840 --> 01:39:06.680] I didn't do that, because all my focus was on trying to make sure that this Ridiman-Damis [01:39:06.680 --> 01:39:18.320] was clear, simple, and what my next move after it was denied was I filed an appeal, third [01:39:18.320 --> 01:39:22.160] court appeal here in Texas. [01:39:22.160 --> 01:39:32.040] And three days after it was filed, they notified me that I, again, had made some fundamental [01:39:32.040 --> 01:39:33.040] mistakes. [01:39:33.040 --> 01:39:40.720] The most very fundamental one was they said that I did not implicate who the district [01:39:40.720 --> 01:39:45.160] judge was that denied my motion for a Ridiman-Damis. [01:39:45.160 --> 01:39:46.160] That was true. [01:39:46.160 --> 01:39:50.440] Again, everything was moving kind of fast. [01:39:50.440 --> 01:39:51.440] Not making excuses. [01:39:51.440 --> 01:39:54.200] I listened to you long enough that I should have. [01:39:54.200 --> 01:39:57.560] No, no, hold on, hold on. [01:39:57.560 --> 01:40:05.560] You can listen to me a hundred times, and when you walk into that court the first time, [01:40:05.560 --> 01:40:12.200] you're going to make the same kind of fundamental mistakes that I've made. [01:40:12.200 --> 01:40:19.960] You don't really think I got to be able to do this by not making any mistakes, do you? [01:40:19.960 --> 01:40:22.080] I've been exactly where you are. [01:40:22.080 --> 01:40:27.120] I've made exactly the same kinds of errors. [01:40:27.120 --> 01:40:33.040] I appealed to the court of appeals, and they threw out my appeal because I didn't get them [01:40:33.040 --> 01:40:35.560] the transcripts in time. [01:40:35.560 --> 01:40:45.320] Gosh, golly darn, so yeah, we, okay, why I sit here smiling big time while you're talking [01:40:45.320 --> 01:40:54.840] about this, because I've learned to look at these things from another perspective. [01:40:54.840 --> 01:40:59.360] You'll never win your case simply because you have the law and the facts on your side. [01:40:59.360 --> 01:41:02.440] It's not about the law and the facts. [01:41:02.440 --> 01:41:06.840] It's not about the fact that you may have made some fundamental errors. [01:41:06.840 --> 01:41:14.000] It's about the fact that you stuck your boot right up their behinds, and you let them know [01:41:14.000 --> 01:41:17.520] for certain, you want to screw with me, Bella? [01:41:17.520 --> 01:41:23.400] I'm going to take you up the line to some people who have the power to work you over. [01:41:23.400 --> 01:41:28.080] Okay, I didn't get it quite right this time. [01:41:28.080 --> 01:41:30.920] You pull that on me again, we'll see how that works for you. [01:41:30.920 --> 01:41:33.200] It's all about the politics. [01:41:33.200 --> 01:41:38.240] It doesn't matter if you got everything right or not. [01:41:38.240 --> 01:41:43.720] You let them know that you will hold them to law. [01:41:43.720 --> 01:41:50.280] And I can almost assure you, this administrative judge, he is not going to want the attorney [01:41:50.280 --> 01:41:57.880] general to have to come into a higher court to defend what he's doing. [01:41:57.880 --> 01:42:04.680] And the attorney general and everybody else is not going to be happy having to do this. [01:42:04.680 --> 01:42:11.680] They're going to go back to this guy and tell him, don't let this happen again. [01:42:11.680 --> 01:42:17.320] Rodney, were you ever in the military? [01:42:17.320 --> 01:42:22.000] No, no, but I come from a military family. [01:42:22.000 --> 01:42:29.600] Then you understand the principle of poop rolling downhill. [01:42:29.600 --> 01:42:30.600] I do. [01:42:30.600 --> 01:42:37.120] So all you have to do is create this little gob of it somewhere and give it a little kick [01:42:37.120 --> 01:42:41.280] over the head of the highest guy you can find. [01:42:41.280 --> 01:42:45.560] And when it starts rolling downhill, by the time it gets to the guy at the bottom, they [01:42:45.560 --> 01:42:48.840] don't care what he did. [01:42:48.840 --> 01:42:57.840] All they know is, all his boss knows is his boss and his boss's boss and his boss's [01:42:57.840 --> 01:43:05.120] boss's boss are all upset because they have to deal with this and you caused it. [01:43:05.120 --> 01:43:08.520] So I think you did extremely well. [01:43:08.520 --> 01:43:14.560] Well, let me share with you just a few more little details. [01:43:14.560 --> 01:43:25.000] We actually had the hearing and because I was denied access to files that have been [01:43:25.000 --> 01:43:33.000] created by this agency that was trying to help supposedly, I wasn't able to present [01:43:33.000 --> 01:43:34.000] the case. [01:43:34.000 --> 01:43:36.280] There's some music playing there, Randy. [01:43:36.280 --> 01:43:37.280] Yeah, there we go. [01:43:37.280 --> 01:43:41.960] The clock came back on, so I was just about to interrupt. [01:43:41.960 --> 01:43:42.960] Thank you, Rodney. 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[01:46:05.560 --> 01:46:34.880] Thank you, Rodney, because I had my clock, it came back up and I could see the time, but [01:46:34.880 --> 01:46:38.480] I did not hear that music at all. [01:46:38.480 --> 01:46:40.240] Okay. [01:46:40.240 --> 01:46:44.480] You were telling us some other things that occurred. [01:46:44.480 --> 01:46:47.600] Yes, more supporting details here. [01:46:47.600 --> 01:46:51.720] We had the hearing and- Okay, hold on, hold on. [01:46:51.720 --> 01:46:52.720] The hearing. [01:46:52.720 --> 01:46:56.320] Are you talking about the administrative hearing or the administrative hearing? [01:46:56.320 --> 01:47:00.400] We actually had the, yeah, we had the administrative hearing. [01:47:00.400 --> 01:47:08.280] That was the one that I was trying to get an emergency injunction to stop it by the [01:47:08.280 --> 01:47:11.520] district court judge, but that was denied. [01:47:11.520 --> 01:47:22.040] So I moved forward with the actual administrative hearing and I got there and the services that [01:47:22.040 --> 01:47:29.440] I was seeking through the state agency, they had been denied me. [01:47:29.440 --> 01:47:32.680] That was why it was challenging and there was an administrative hearing. [01:47:32.680 --> 01:47:37.720] Well, they got there and they, nobody had any evidence to present. [01:47:37.720 --> 01:47:40.120] I had no evidence because my hands were tied. [01:47:40.120 --> 01:47:47.920] I couldn't access any records that they required to turn over to me, but they didn't. [01:47:47.920 --> 01:47:56.560] So the administrative hearing officer is like, in 30 years, I'm paraphrasing her. [01:47:56.560 --> 01:48:02.920] He said, I've been doing this for 30 years and this is the first time I've ever had an [01:48:02.920 --> 01:48:07.120] administrative hearing for both parties. [01:48:07.120 --> 01:48:15.480] State agency and appellate showed up and nobody had any evidence. [01:48:15.480 --> 01:48:22.760] So I spoke with an attorney, I paid, and he said, there should have been a rehearing. [01:48:22.760 --> 01:48:30.120] I mean, you can't not have people's services and show up at a hearing and you don't give [01:48:30.120 --> 01:48:37.840] a reason for denying them these services. [01:48:37.840 --> 01:48:43.000] But in any event, that's what happened at the administrative hearing. [01:48:43.000 --> 01:48:51.880] And again, I made fundamental mistakes because I didn't object, well, I did object at a pre-hearing, [01:48:51.880 --> 01:48:55.960] but that all fell on deaf ears. [01:48:55.960 --> 01:49:02.080] And so that's why everything ended up at the third court of appeal where I'm now thinking [01:49:02.080 --> 01:49:05.680] about following the motion to reconsider. [01:49:05.680 --> 01:49:14.480] But I'm in a situation right now where anywhere the hearing that I had in district court about [01:49:14.480 --> 01:49:19.600] the writ of mandamus, when that was denied, there was supposed to be an order signed by [01:49:19.600 --> 01:49:20.600] the judge. [01:49:20.600 --> 01:49:27.040] So I went back to the district court this week to see if the judge would sign an order [01:49:27.040 --> 01:49:28.040] that I prepared. [01:49:28.040 --> 01:49:33.160] Very, very simple, just stating that I was there in the court this day, this time, who [01:49:33.160 --> 01:49:37.400] the parties were, what the issue was involved. [01:49:37.400 --> 01:49:42.120] And they're telling me that because he was just a visiting judge and a duty judge, they [01:49:42.120 --> 01:49:47.960] don't know when this judge will be able to sign this order. [01:49:47.960 --> 01:49:55.720] And I kind of need that in order for me to turn over this information to the third court [01:49:55.720 --> 01:49:56.720] of appeal. [01:49:56.720 --> 01:49:57.720] Okay. [01:49:57.720 --> 01:49:58.720] Hold on. [01:49:58.720 --> 01:50:04.040] You might want to ask for a reconsideration. [01:50:04.040 --> 01:50:09.080] That's generally a requirement. [01:50:09.080 --> 01:50:14.600] You want to prepare, essentially you prepare your appeal. [01:50:14.600 --> 01:50:20.840] You say to this judge, this is what you should have ruled and this is why you should have [01:50:20.840 --> 01:50:23.080] ruled that way. [01:50:23.080 --> 01:50:27.880] And you erred in not ruling that way and asked the judge to reconsider. [01:50:27.880 --> 01:50:33.720] She may actually do that in this case because both parties came to the table with no information. [01:50:33.720 --> 01:50:39.120] And if I got your side right, you didn't have information because the information that was [01:50:39.120 --> 01:50:42.720] required to be produced for you from the agency wasn't produced. [01:50:42.720 --> 01:50:43.720] Is that correct? [01:50:43.720 --> 01:50:44.720] Yeah. [01:50:44.720 --> 01:50:48.280] Let me say this. [01:50:48.280 --> 01:50:57.400] What happened was they claimed that they made an attempt to give it to me, but I asked them [01:50:57.400 --> 01:51:07.120] to authenticate those documents because I had them turn some documents over to me that [01:51:07.120 --> 01:51:08.120] was erroneous. [01:51:08.120 --> 01:51:15.720] This was something that happened before and it had other people's information there. [01:51:15.720 --> 01:51:21.400] It was supposed to be a file, but it was full of erroneous information. [01:51:21.400 --> 01:51:31.920] So I asked them to authenticate those records and they refused to do it. [01:51:31.920 --> 01:51:35.400] These are grounds for a rehearing. [01:51:35.400 --> 01:51:42.240] You might petition for reconsideration and ask the judge, the administrative hearing [01:51:42.240 --> 01:51:48.840] officer to order these guys to provide you with authenticated documentation. [01:51:48.840 --> 01:51:52.640] This is perfect for appeal. [01:51:52.640 --> 01:51:59.680] So you're there with no information because the other side refused to produce the information. [01:51:59.680 --> 01:52:09.480] Well, and it's right there in the administrative code, it says that really in this situation, [01:52:09.480 --> 01:52:16.440] the hearing officer did not have to have any motion to compel discovery of these documents. [01:52:16.440 --> 01:52:23.080] They were supposed to automatically turn these documents over to me when I verbally asked [01:52:23.080 --> 01:52:25.520] for them and they didn't. [01:52:25.520 --> 01:52:32.400] So that's when I made that motion to compel them to give me these documents, but they [01:52:32.400 --> 01:52:35.320] still didn't do it. [01:52:35.320 --> 01:52:44.980] So long story short, I wasn't thinking my mind has kind of been going here and there, [01:52:44.980 --> 01:52:47.600] but you're right about the motion to reconsider. [01:52:47.600 --> 01:52:54.520] I hadn't done that yet, but how do I clean up the mess with this district court judge [01:52:54.520 --> 01:52:56.960] who chooses to do anything? [01:52:56.960 --> 01:53:05.920] His last words to me in district court was, until you go through this complete due process [01:53:05.920 --> 01:53:12.480] with this hearing officer, I'm going to deny your writ of mandamus. [01:53:12.480 --> 01:53:18.360] And I thought the purpose of the writ of mandamus is when there was oversight or a lower court [01:53:18.360 --> 01:53:25.400] wasn't adhering to the law and you requested a writ of mandamus, that that was the purpose [01:53:25.400 --> 01:53:29.560] of the higher court was to make the lower court adhere to the law. [01:53:29.560 --> 01:53:38.280] That was exactly what the purpose was, and this is how you learn how to do this. [01:53:38.280 --> 01:53:45.800] His ruling should have gotten a motion for reconsideration and then an appeal. [01:53:45.800 --> 01:53:50.680] And once you appeal it out of his court to the court of appeals, then you'll get yourself [01:53:50.680 --> 01:53:53.720] a good ruling. [01:53:53.720 --> 01:54:01.920] So now you can go to the court of appeals with a writ of mandamus, asking the court [01:54:01.920 --> 01:54:08.600] of appeals to order this judge to sign your order on his ruling so that you can appeal [01:54:08.600 --> 01:54:09.600] it. [01:54:09.600 --> 01:54:10.600] Amen. [01:54:10.600 --> 01:54:19.440] Now that the picture is clear, this is why I appreciate listening to your program and [01:54:19.440 --> 01:54:25.840] getting this timely advice because the third court of appeal, they kind of gave me the [01:54:25.840 --> 01:54:26.840] key. [01:54:26.840 --> 01:54:32.080] They said, look, we have no jurisdiction over hearing officers, but we do have jurisdiction [01:54:32.080 --> 01:54:40.880] over county judges and district judges, but they said, Mr. So-and-so, you didn't implicate [01:54:40.880 --> 01:54:41.880] this. [01:54:41.880 --> 01:54:42.880] I'm paraphrasing. [01:54:42.880 --> 01:54:50.240] They said, you did not implicate any county or district judge here, so we dismiss this. [01:54:50.240 --> 01:54:55.040] And I was told by an attorney that I could refile it. [01:54:55.040 --> 01:54:57.680] I have to ask for a motion for reconsideration. [01:54:57.680 --> 01:55:00.240] So is that true? [01:55:00.240 --> 01:55:03.560] Okay, this is how it works. [01:55:03.560 --> 01:55:12.080] If a judge makes a mistake, the courts presume that the mistake is an honest mistake. [01:55:12.080 --> 01:55:20.720] So before you can appeal, you have a duty to give the judge a notice of what you perceive [01:55:20.720 --> 01:55:27.160] to be an error that he made and give him opportunity to correct it. [01:55:27.160 --> 01:55:32.760] So essentially what you do is you write your appeal. [01:55:32.760 --> 01:55:39.120] Now when you're writing a motion for reconsideration, you're writing the appeal, but it doesn't [01:55:39.120 --> 01:55:46.760] have to be as technically correct as the appeal you would file in the appellate court. [01:55:46.760 --> 01:55:48.960] So it kind of gives you some practice. [01:55:48.960 --> 01:55:56.200] So you say, here are the facts, here is the law as it applies to those facts, and this [01:55:56.200 --> 01:56:02.000] is the way you should have applied the law, and this is the decision you should have made, [01:56:02.000 --> 01:56:05.960] and ask him to reconsider the case and make this decision. [01:56:05.960 --> 01:56:12.320] Well, he's almost always going to deny your motion for reconsideration because you're [01:56:12.320 --> 01:56:17.760] telling him that he screwed up and they'll always claim that he didn't screw up, but [01:56:17.760 --> 01:56:23.480] it gets your appeal two-thirds of the way done. [01:56:23.480 --> 01:56:30.000] And then once he denies it or rules whatever he's going to rule, he may actually re-hear, [01:56:30.000 --> 01:56:32.200] but very unlikely. [01:56:32.200 --> 01:56:38.760] Then you can take your motion for reconsideration and just make some adjustments to it and file [01:56:38.760 --> 01:56:41.840] it right into the appeals court. [01:56:41.840 --> 01:56:43.560] Right. [01:56:43.560 --> 01:56:52.120] So basically I was a little bit sarcastic with one of the clerks, the law clerk for [01:56:52.120 --> 01:56:53.120] this judge. [01:56:53.120 --> 01:56:58.680] He said, well, it looks like you've got the judge has denied your motion and you've got [01:56:58.680 --> 01:57:02.840] to go through your entire administrative hearing. [01:57:02.840 --> 01:57:09.280] And I'm like, well, that's kind of like squeezing the toothpaste out of the tube and trying [01:57:09.280 --> 01:57:14.760] to put it back in because the administrative hearing is already a mess. [01:57:14.760 --> 01:57:22.080] And that's why I was asking for the mandamus, but of course, their minds are trained to [01:57:22.080 --> 01:57:28.480] do things a certain way and it was just like I was speaking into the air. [01:57:28.480 --> 01:57:38.960] And part of the problem in the courts is you have to give the court something he can work [01:57:38.960 --> 01:57:42.040] with. [01:57:42.040 --> 01:57:49.080] I sat in as a judge in a mock trial once in Massachusetts and this was a friend of mine [01:57:49.080 --> 01:57:54.880] who was being prosecuted by the state of Pennsylvania and we had a mock jury that they had just [01:57:54.880 --> 01:57:59.680] pulled people in off the street and got them to agree to sit in this mock jury. [01:57:59.680 --> 01:58:05.280] Nobody knew him and I'm sitting up there as the judge and he's coming up making all of [01:58:05.280 --> 01:58:09.080] these patriot mythology arguments. [01:58:09.080 --> 01:58:13.840] And I'm really getting frustrated because I'm thinking, Danny, you're going to go to [01:58:13.840 --> 01:58:14.840] jail. [01:58:14.840 --> 01:58:19.240] You're not giving me any facts in law that I can rule on. [01:58:19.240 --> 01:58:24.400] And I was really frustrated and I suspect judges get frustrated. [01:58:24.400 --> 01:58:25.800] We'll pick this up when we come back. [01:58:25.800 --> 01:58:32.920] This is Randy Kelton, Rule of Law Radio, our call in number 512-646-1984. [01:58:32.920 --> 01:58:38.000] This is our top of the hour break, so it's a good time to go check out our sponsors. [01:58:38.000 --> 01:58:42.040] And we do have a link to amazon.com. [01:58:42.040 --> 01:58:48.040] So if you buy anything on the internet, if you come here and buy it through amazon, the [01:58:48.040 --> 01:58:50.400] show gets a percentage. 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