[00:00.000 --> 00:05.960]  The following news flash is brought to you by the Lone Star Lowdown, providing the jelly
[00:05.960 --> 00:08.160]  bulletins for the commodities market.
[00:08.160 --> 00:17.680]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:17.680 --> 00:24.240]  Markets for Wednesday the 26th of October 2016 are currently treading with gold at $1,266.33
[00:24.240 --> 00:31.480]  an ounce, silver $17.63 an ounce, Texas crude $49.96 a barrel, and Bitcoin is currently
[00:31.480 --> 00:39.880]  sitting at about $675 U.S. currency.
[00:39.880 --> 00:45.160]  Today in history, the year 2001, then President George W. Bush signs into law the United
[00:45.160 --> 00:49.720]  and Strengthening America by providing appropriate tools required to intercept an obstruct terrorism
[00:49.720 --> 00:55.360]  act or the USA PATRIOT Act into law with controversial provisions concerning surveillance procedures
[00:55.360 --> 01:00.240]  and gathering, anti-money laundering and business records, removing obstacles to investigating
[01:00.240 --> 01:04.680]  terrorism by consolidating agencies and contentious interrogation techniques.
[01:04.680 --> 01:08.480]  Perhaps the biggest concern raised from civil rights groups was the rapidness in which the
[01:08.480 --> 01:14.360]  342 page bill was written up, read and passed by Congress and then signed into law a little
[01:14.360 --> 01:17.960]  over a month after the September 11 terrorist attacks.
[01:17.960 --> 01:26.080]  Today in history, in recent years, NATO's biggest military proliferation on Russia's
[01:26.080 --> 01:30.640]  border since the Cold War is underway with Great Britain announcing Wednesday today that
[01:30.640 --> 01:34.760]  it is planning on sending fighter jets to Romania next year and the United States has
[01:34.760 --> 01:39.380]  vowed troops, tanks and artillery to Poland, along with Germany, Canada and other NATO
[01:39.380 --> 01:43.920]  allies also pledging forces at a defense ministers meeting in Brussels.
[01:43.920 --> 01:48.240]  Meanwhile, two Russian warships entered the Baltic Sea between Sweden and Denmark and
[01:48.240 --> 01:50.480]  are said to be armed with cruise missiles.
[01:50.480 --> 01:54.480]  The ships were part of an eight ship carrier battle group, including Russia's one and
[01:54.480 --> 01:59.120]  only aircraft carrier, the Admiral Kuznestov, which is expected to join around 10 other
[01:59.120 --> 02:02.080]  Russian vessels already off the Syrian coast.
[02:02.080 --> 02:07.640]  We hope and pray these Russian NATO escalations over engagement in Syria are soon deescalated
[02:07.640 --> 02:09.560]  and a resolve is figured out.
[02:09.560 --> 02:17.360]  Our thoughts and prayers also go out to the people of Syria as well.
[02:17.360 --> 02:19.460]  Early voting started Monday in Texas.
[02:19.460 --> 02:21.640]  Record turnout is being recorded in many counties.
[02:21.640 --> 02:25.680]  However, some individual voters have been calling foul when voting straight ticket,
[02:25.680 --> 02:29.280]  claiming that the voting machines are leaving the presidential bid unchecked when a straight
[02:29.280 --> 02:31.600]  vote for the Republican Party is placed.
[02:31.600 --> 02:35.320]  Reminds me of what Joseph Stalin said when he said that it wasn't who voted that counted,
[02:35.320 --> 02:37.000]  but who counted the votes.
[02:37.000 --> 02:41.560]  Early voting in Texas ends four days before the election, so get out there and vote nobody
[02:41.560 --> 02:42.560]  for president.
[02:42.560 --> 02:43.560]  The Lone Star Lowdown is currently looking for sponsors.
[02:43.560 --> 02:48.560]  If you have a product or a service you'd like to advertise with us, feel free to give me
[02:48.560 --> 02:49.560]  a call at 2-1-0-363-2257.
[02:49.560 --> 03:10.920]  This is Rick Roady with your Lowdown for October 26, 2016.
[03:10.920 --> 03:23.080]  Okay, howdy, howdy.
[03:23.080 --> 03:32.280]  This is Ray DeKalcom from the Root of Raw Radio on this Friday, the 28th day of October
[03:32.280 --> 03:37.200]  2016.
[03:37.200 --> 03:38.440]  And the phone lines are open.
[03:38.440 --> 03:40.800]  We'll keep them open all night.
[03:40.800 --> 03:47.720]  I have been working on the e-book.
[03:47.720 --> 03:54.320]  Today I was working on the Kids For Rules.
[03:54.320 --> 03:57.720]  And it's always interesting when you start developing these things out.
[03:57.720 --> 04:08.200]  One of the things that's happening as I develop this book out is everything begins to really
[04:08.200 --> 04:12.520]  fit together nicely.
[04:12.520 --> 04:26.480]  And this whole thing about politics, perception, and negotiation, we spend quite a bit of time
[04:26.480 --> 04:31.080]  talking about how everything is political.
[04:31.080 --> 04:38.400]  And the more I work with it, the more profound that part of what we're trying to present
[04:38.400 --> 04:40.360]  here becomes.
[04:40.360 --> 04:49.320]  I know when I started out researching law, I did so from the presumption that the law
[04:49.320 --> 04:52.520]  applied.
[04:52.520 --> 04:54.720]  In fact, it does.
[04:54.720 --> 04:58.120]  It's just that it doesn't really count so much as I thought it did.
[04:58.120 --> 05:03.200]  You know, we have a lot of guys in the legal reform movement, Ralph Winterwood and others,
[05:03.200 --> 05:07.360]  who say the law doesn't apply.
[05:07.360 --> 05:11.360]  And we have others that say everything's contracted.
[05:11.360 --> 05:12.360]  I'm an engineer.
[05:12.360 --> 05:16.360]  I don't know about all that stuff.
[05:16.360 --> 05:20.880]  The courts treat the statutes as if they apply.
[05:20.880 --> 05:21.960]  So that's okay with me.
[05:21.960 --> 05:24.840]  I can deal with that.
[05:24.840 --> 05:35.720]  But as I look at the actual adjudication of law, it seems kind of clear that the law,
[05:35.720 --> 05:43.000]  it's only a way of kind of keeping our focus and direction.
[05:43.000 --> 05:49.120]  The judges pretty well do what they want to.
[05:49.120 --> 05:56.080]  They have carved out immunity for themselves so that they can't be sued for what they do.
[05:56.080 --> 06:03.880]  So they can literally act capriciously and arbitrarily and do whatever they want to.
[06:03.880 --> 06:07.320]  And sometimes the parties will appeal.
[06:07.320 --> 06:09.760]  Sometimes they won't.
[06:09.760 --> 06:13.800]  Sometimes the appeals court will turn them over or turn over their cases.
[06:13.800 --> 06:16.360]  Sometimes they won't.
[06:16.360 --> 06:18.920]  It's really arbitrary.
[06:18.920 --> 06:26.800]  But the more we look at it, it becomes clear that it's not quite so arbitrary as it appears
[06:26.800 --> 06:35.120]  on the surface, though there are other factors at work.
[06:35.120 --> 06:41.880]  And they're not part of some grand conspiracy for the most part.
[06:41.880 --> 06:47.880]  Like Ken Manson likes to call it just ordinary everyday corruption.
[06:47.880 --> 06:54.360]  And the more I look at it, the less I see it as corruption and the more I see it as
[06:54.360 --> 06:58.440]  the nature of the human animal.
[06:58.440 --> 07:07.120]  And one of the things that stands out that everybody should understand about human beings.
[07:07.120 --> 07:18.880]  Now, I don't know if God created man, but if he did, he created us horribly flawed.
[07:18.880 --> 07:26.440]  And from my reading of the Christian Bible, I get the impression he did that on purpose,
[07:26.440 --> 07:32.560]  that he intended that we be horribly flawed because we weren't put here for things to
[07:32.560 --> 07:33.560]  be easy.
[07:33.560 --> 07:42.760]  We were put here to learn and to grow and basically all of the religions of the world
[07:42.760 --> 07:52.720]  at their root claim that our purpose for being here is growth, growth in the spirit.
[07:52.720 --> 08:03.360]  So the other thing he did to us, you know, tigers are solitary hunters.
[08:03.360 --> 08:07.600]  Hunters will raise their cubs for two years and then they cast them out.
[08:07.600 --> 08:12.320]  Subsequent to that, if the cub comes into the hunting range of the mother, the mother
[08:12.320 --> 08:16.720]  will attack the cub.
[08:16.720 --> 08:20.800]  Humans aren't solitary hunters, humans herd.
[08:20.800 --> 08:30.640]  We have an exceptionally strong genetic imperative to herd together, together, together in groups.
[08:30.640 --> 08:36.200]  You take any group of human beings and put them together and they'll separate into cliques,
[08:36.200 --> 08:37.920]  into factions.
[08:37.920 --> 08:49.000]  It is in our nature, the Christian belief system broke into the Methodists and the Catholics.
[08:49.000 --> 08:56.520]  The Methodists broke into the Lutherans, the Baptists and on and on and the Baptists.
[08:56.520 --> 09:01.960]  The Baptists broke into the Southern Baptists, the missionary Baptists and then even amongst
[09:01.960 --> 09:06.960]  each one of those groups, they all break down into smaller and smaller factions.
[09:06.960 --> 09:15.920]  And even when you get right down to the church, the church has factions within the church.
[09:15.920 --> 09:21.640]  We gather together in groups of smaller and smaller delineations.
[09:21.640 --> 09:27.520]  It is in our nature.
[09:27.520 --> 09:35.480]  When you as a pro se litigant walk into the courthouse, you are not a member of the herd.
[09:35.480 --> 09:42.200]  Well, you're a member of the general overall larger herd.
[09:42.200 --> 09:53.400]  If you and the judge wind up in India on vacation, now you're a part of the same group.
[09:53.400 --> 10:00.120]  But when you come back to the United States, you're not in any way connected to the judge.
[10:00.120 --> 10:06.280]  When you walk into the courthouse, especially as a pro se litigant, you are totally outside
[10:06.280 --> 10:08.720]  the clique.
[10:08.720 --> 10:14.120]  You're not part of the good old boys group.
[10:14.120 --> 10:19.040]  And you know, I get a lot of complaining about that, but the more I look at it, it's not
[10:19.040 --> 10:22.640]  that that is a problem.
[10:22.640 --> 10:25.640]  It's merely a parameter.
[10:25.640 --> 10:32.960]  Once we understand that that is going on, then these are just factors we need to deal
[10:32.960 --> 10:37.840]  with and there are some very effective ways of dealing with those.
[10:37.840 --> 10:43.520]  And those who've been listening to the show for a while know that over time, I've worked
[10:43.520 --> 10:54.960]  on these guys quite a bit and I've worked out some ideas and methods of how to approach
[10:54.960 --> 10:59.440]  the court as a pro se litigant.
[10:59.440 --> 11:04.840]  One of the metaphors that I use is a four sided chessboard.
[11:04.840 --> 11:13.200]  When you walk into a courtroom, it's like you're sitting down at a four sided chessboard.
[11:13.200 --> 11:18.040]  You're sitting there on one side, the judge is sitting across from you.
[11:18.040 --> 11:22.880]  To your right is your counsel, to your left is opposing counsel.
[11:22.880 --> 11:30.640]  Now, you have a relationship with your lawyer because you're paying it and he's supposed
[11:30.640 --> 11:33.120]  to be working for you.
[11:33.120 --> 11:39.000]  Your lawyer has a relationship with opposing counsel and with the judge because he's in
[11:39.000 --> 11:44.100]  front of the judge all the time and he's across from the other lawyer and sometimes he works
[11:44.100 --> 11:45.760]  with the other lawyer.
[11:45.760 --> 11:49.760]  They're in the same profession, they work in the same courthouse, they work with one
[11:49.760 --> 11:51.440]  another all the time.
[11:51.440 --> 11:59.320]  So they all have relationships and you're the odd one out.
[11:59.320 --> 12:08.040]  Now they all have relationships and it is important to them that they protect and maintain
[12:08.040 --> 12:09.920]  those relationships.
[12:09.920 --> 12:14.520]  They're politically important to each one of them.
[12:14.520 --> 12:18.360]  Even the judge needs to maintain political relationships with these lawyers if he wants
[12:18.360 --> 12:23.280]  to get elected next time because the biggest influence toward his election is going to
[12:23.280 --> 12:26.480]  be lawyers.
[12:26.480 --> 12:33.460]  You're the odd one out, you're not a member of their group, you're not one of the good
[12:33.460 --> 12:43.640]  old boys and frankly I think that's a good thing because you don't have a political position
[12:43.640 --> 12:44.640]  to protect.
[12:44.640 --> 12:59.120]  You're the gadfly and you can use the political structure to your advantage but it takes some
[12:59.120 --> 13:02.420]  initial setup.
[13:02.420 --> 13:09.160]  We need to rearrange the way we think about some of the things we think about especially
[13:09.160 --> 13:12.640]  as it concerns the courts.
[13:12.640 --> 13:20.240]  The first thing we need to understand is that when you walk into a courthouse as a pro se
[13:20.240 --> 13:24.920]  litigant, you wear two hats.
[13:24.920 --> 13:28.520]  When the judge walks in the courtroom, he wears two hats.
[13:28.520 --> 13:32.840]  He wears a judge's hat and he wears a magistrate's hat.
[13:32.840 --> 13:39.520]  You wear two hats, you wear a litigant's hat and you wear the hat of the master.
[13:39.520 --> 13:45.240]  All of these officials in the courthouse are public servants.
[13:45.240 --> 13:49.520]  They are the servants, you are the master.
[13:49.520 --> 13:58.040]  That puts you in a position outside the politics, outside the good old boy group and if you
[13:58.040 --> 14:02.640]  do it right, it puts you a step above it.
[14:02.640 --> 14:13.160]  The way you establish that and what I have found that works extremely well is that you
[14:13.160 --> 14:21.640]  establish for yourself an ultimate outcome.
[14:21.640 --> 14:27.160]  If you're in litigation in a court, I would suggest that you establish an ultimate outcome
[14:27.160 --> 14:32.080]  beyond the adjudication of your case.
[14:32.080 --> 14:40.720]  When I go in to adjudicate a case, whether I'm a party or not, whether I pick the fight
[14:40.720 --> 14:54.120]  or not, excuse me, I'm having a little voice issue today, excuse me if I cough a little
[14:54.120 --> 14:55.800]  bit.
[14:55.800 --> 14:59.280]  I always have a little trouble pushing sound out, I'm just having a little more trouble
[14:59.280 --> 15:00.280]  today than usual.
[15:00.280 --> 15:10.640]  But anyway, when I go into a court, I have an intended ultimate outcome in mind and it
[15:10.640 --> 15:15.200]  always set an outcome that's beyond the scope of the court.
[15:15.200 --> 15:24.520]  For instance, if I go in with a ticket, my outcome is to force the court to adjudicate
[15:24.520 --> 15:27.280]  the law as it is written.
[15:27.280 --> 15:35.800]  Sure, I want to win my case, but first I want the court to follow the law as it's written.
[15:35.800 --> 15:43.080]  If it doesn't, then I'm prepared to take them to a higher level tribunal, either a higher
[15:43.080 --> 15:46.280]  court or grand jury.
[15:46.280 --> 15:51.200]  I'm always prepared to take my public officials to the grand jury and that's in my capacity
[15:51.200 --> 15:53.240]  as the master.
[15:53.240 --> 16:02.360]  In my capacity as the litigant, it is my purpose to ensure that the law is followed and when
[16:02.360 --> 16:07.720]  they don't follow the law, then I want to take them to a higher court to have that higher
[16:07.720 --> 16:12.360]  court come down and rule on their behavior.
[16:12.360 --> 16:21.140]  Now that sets me outside their politics, I really don't care about their politics.
[16:21.140 --> 16:31.920]  So when they render a ruling that is not in keeping with standing law, since I have an
[16:31.920 --> 16:41.880]  outcome of showing the higher courts how these lower courts are ignoring law, then that works
[16:41.880 --> 16:42.880]  in to my benefit.
[16:42.880 --> 16:48.880]  And about to go to break, I'll pick this up on the other side, Randy Kelton, rule of law
[16:48.880 --> 17:00.360]  call in number 512-646-1984, we'll be right back.
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[19:02.640 --> 19:08.160]  You are listening to the Logos Radio Network, logosradionetwork.com.
[19:08.160 --> 19:22.480]  Okay, we are back, Randy Kelton, with our radio on this Friday, the 28th day of October
[19:22.480 --> 19:34.480]  2016, and I'm talking about politics and how everything in the court is ruled by politics.
[19:34.480 --> 19:41.960]  And the reason I wanted to go to this issue of setting a specific goal.
[19:41.960 --> 19:48.720]  You set a specific goal, and you have a purpose beyond the court.
[19:48.720 --> 19:52.720]  And this is more important than readily apparent.
[19:52.720 --> 20:00.320]  The courts are very accustomed to dealing with individuals who are in crisis.
[20:00.320 --> 20:05.320]  They come to the court to settle problems and issues they can't get settled on their
[20:05.320 --> 20:07.240]  own.
[20:07.240 --> 20:14.760]  So most people are in need of something from the court.
[20:14.760 --> 20:18.640]  When you set a goal beyond this court, now you're not in need of something from the court.
[20:18.640 --> 20:24.320]  So when the court rules against you, the first thing we talk about here is you never expect
[20:24.320 --> 20:25.920]  to win in the trial court.
[20:25.920 --> 20:29.440]  The only purpose in the trial court is to set the record for appeal.
[20:29.440 --> 20:36.880]  And the primary reason I talk about that is we want to get you immune from the shenanigans
[20:36.880 --> 20:39.800]  of the judge.
[20:39.800 --> 20:49.080]  The judge and the prosecutor or attorney on the other side, they're very good at betraying
[20:49.080 --> 20:57.040]  you, at getting you to become emotionally involved in the case so that you tend to lose
[20:57.040 --> 21:04.700]  your professional perspective, makes you a lot easier to handle.
[21:04.700 --> 21:12.960]  When you set a goal beyond this court, beyond the scope of this court, then when they do
[21:12.960 --> 21:18.200]  those kinds of rulings, they look at you and you don't react and respond the way you're
[21:18.200 --> 21:21.160]  supposed to.
[21:21.160 --> 21:24.400]  Now if this is done right, it's subtle.
[21:24.400 --> 21:30.520]  They don't, you don't say anything that tells them why you're not responding right.
[21:30.520 --> 21:34.160]  You're just not reacting the way they expect you to.
[21:34.160 --> 21:43.320]  In psychology, this is about making someone's expectation come false.
[21:43.320 --> 21:50.280]  We've all had the experience of something happened, happening that's totally unexpected
[21:50.280 --> 21:54.320]  and we're just stopped in our tracks.
[21:54.320 --> 21:55.320]  Everything stops.
[21:55.320 --> 21:56.320]  You're walking up a set of steps.
[21:56.320 --> 22:01.040]  You've got books in your hand and you're talking to somebody else and somebody has
[22:01.040 --> 22:07.000]  put a quarter inch of plywood on one of the steps and then they've covered it over with
[22:07.000 --> 22:08.000]  carpet.
[22:08.000 --> 22:13.480]  You can't see it, but when you step from one step to the next, your foot will not land
[22:13.480 --> 22:20.360]  exactly where you expected it to and bam, pattern interruption.
[22:20.360 --> 22:22.220]  Everything that was going on is stopped.
[22:22.220 --> 22:28.480]  Your whole attention is focused toward that footfall that wasn't correct and you look
[22:28.480 --> 22:32.520]  down and realize that it's okay, somebody just put something on the step and you go
[22:32.520 --> 22:35.280]  back to what you're doing.
[22:35.280 --> 22:41.720]  Pattern interruptions, pattern interruptions are extremely powerful and what I have found
[22:41.720 --> 22:52.360]  in the court is they always hold expectations of behavior and when you don't give them the
[22:52.360 --> 22:57.600]  expectation, when you don't fulfill their expectations, it really, really makes them
[22:57.600 --> 23:06.480]  nervous and the more corrupt the jurisdiction is, the more susceptible they are.
[23:06.480 --> 23:13.680]  I went into Williamson County and asked to see a court record and when I looked at the
[23:13.680 --> 23:18.080]  record there was a criminal complaint was missing exactly what I expected and I questioned
[23:18.080 --> 23:20.800]  the clerk about where's the criminal accusation.
[23:20.800 --> 23:22.960]  Well, we don't get that.
[23:22.960 --> 23:30.480]  How on earth do you create a criminal file when there is no initiating document?
[23:30.480 --> 23:37.000]  Well, this is all we get and I pointed to the little sign up there on the wall that
[23:37.000 --> 23:43.400]  said that if you alter a government document, that's a felony in Texas and told them it's
[23:43.400 --> 23:49.120]  also a felony in Texas if you secret a government document from the person or office he's directed
[23:49.120 --> 23:54.480]  to and somebody has secreted the criminal complaint from you, where is it?
[23:54.480 --> 23:58.160]  And they directed me to the county attorney and I put in a request for it and then I went
[23:58.160 --> 24:06.400]  set in the courtroom and I'm sitting here taking notes or having this cattle call hearing
[24:06.400 --> 24:12.240]  and a young lawyer came over to me and said, sir, sir, and I look up, yes, do you have
[24:12.240 --> 24:14.240]  a case in this court today?
[24:14.240 --> 24:15.960]  Oh, no, no, no, nothing like that.
[24:15.960 --> 24:16.960]  I go back to writing.
[24:16.960 --> 24:24.000]  He stands there a minute, sir, sir, and I say, yes, I look up, do you have a civil case
[24:24.000 --> 24:25.000]  in this court?
[24:25.000 --> 24:27.560]  Oh, no, no, nothing like that.
[24:27.560 --> 24:29.600]  And I go back to writing.
[24:29.600 --> 24:33.760]  He stands there a minute and see him shifting from one foot to the other, but I'm not looking
[24:33.760 --> 24:39.320]  at him and then he says, sir, sir, and I look up at him, hold up both hands with my palms
[24:39.320 --> 24:43.440]  out and say, no more questions.
[24:43.440 --> 24:46.920]  Go back to writing, ignore it, ignore it.
[24:46.920 --> 24:51.240]  When I said that, he looked like somebody slapped him.
[24:51.240 --> 24:53.520]  He couldn't believe I said that to him.
[24:53.520 --> 25:01.160]  Well, the guy I came there to help, whose records I had looked at, they came, this county
[25:01.160 --> 25:06.680]  attorney came to him and wanted to know who he came with and he told him he's just him
[25:06.680 --> 25:09.360]  and this guy he was with, Steve Fritz.
[25:09.360 --> 25:17.680]  Well, there's somebody here looking through your records and he told him that, he said,
[25:17.680 --> 25:21.880]  I told you I had a top secret clearance and you guys are going to screw that up for me.
[25:21.880 --> 25:23.440]  So now they think I'm a fed.
[25:23.440 --> 25:25.160]  Well, I never said that.
[25:25.160 --> 25:31.560]  I never told him anything and they dismissed his case, anything else you want, took him
[25:31.560 --> 25:32.560]  to the judge.
[25:32.560 --> 25:37.040]  The judge signed the order, took him to the clerk and the clerk filled out the paperwork
[25:37.040 --> 25:40.640]  to get his bond back and he had it the next day.
[25:40.640 --> 25:46.600]  They came to a seminar I was doing at Brave New Books and said, have you ever walked into
[25:46.600 --> 25:51.040]  a room and turned the light on and watched the cockroaches scatter?
[25:51.040 --> 25:54.840]  He said, that's what it looked like.
[25:54.840 --> 26:00.080]  The reason being they were extremely corrupt, it was Williamson County, well known as the
[26:00.080 --> 26:03.720]  most corrupt county in Texas.
[26:03.720 --> 26:07.840]  And every one of them knew that what they were doing was corrupt.
[26:07.840 --> 26:12.400]  Now they think they got somebody looking over their shoulder and every one of them went
[26:12.400 --> 26:20.600]  to their deepest, darkest, most hidden closet and cracked the door open and looked in there
[26:20.600 --> 26:28.320]  at their deepest, darkest secret and they were sure that's what I was here looking for.
[26:28.320 --> 26:37.200]  When you have an agenda that's separate from or beyond the scope of the current court,
[26:37.200 --> 26:42.800]  you tend not to react, respond and react to them the way they expect and it makes them
[26:42.800 --> 26:43.800]  nuts.
[26:43.800 --> 26:50.920]  Okay, we've got a couple of callers and they want to use up the whole night on this, although
[26:50.920 --> 26:56.160]  I could spend about eight hours on this subject and would like to at some point so that we
[26:56.160 --> 27:00.840]  get people to understand how to really jerk these courts around and get them following
[27:00.840 --> 27:03.720]  law the ways that they're supposed to.
[27:03.720 --> 27:08.320]  But right now we're going to go to callers, we've got Scott in Texas, hello Scott.
[27:08.320 --> 27:16.400]  Hey Randy, I've been sending you a couple of documents and I don't know if you had a
[27:16.400 --> 27:18.960]  chance to read them yet or anything.
[27:18.960 --> 27:24.480]  I saw the mandamus but I didn't get a chance to read it yet.
[27:24.480 --> 27:31.720]  Yeah, I kind of got it fairly short and to the point and I think I cited it pretty good
[27:31.720 --> 27:49.680]  because it has a scathing statement of facts or whatever, I forgot, I can't believe I forgot.
[27:49.680 --> 27:54.960]  Anyway, statement of cause, whatever.
[27:54.960 --> 28:00.240]  Special appearance mandamus is the appropriate really in this case.
[28:00.240 --> 28:05.960]  Objection to non-judicial decision making, objection to use of private law, statement
[28:05.960 --> 28:13.760]  of cause, September 27, 2016, trial was held in Mesquite Municipal Court for driving while
[28:13.760 --> 28:19.560]  license invalid and missing front license plate, complainant was stopped from missing
[28:19.560 --> 28:21.560]  front license plate.
[28:21.560 --> 28:27.240]  Opening statement was he didn't consent to these proceedings and citation was signed
[28:27.240 --> 28:28.240]  under duress.
[28:28.240 --> 28:34.800]  Okay, give me a synopsis of this so I don't have to read it all.
[28:34.800 --> 28:43.440]  Oh well, basically I got to cite their traffic laws, you know, to enforce the federal traffic
[28:43.440 --> 28:51.200]  laws and all that stuff and I also named that they refused to answer the FOIA request on
[28:51.200 --> 28:59.400]  the federal traffic laws and to give me the 9-1-1 recordings where the cop had made threatening
[28:59.400 --> 29:04.680]  exchanges talking about I could get shot in the head, you know, for being a constitutionalist
[29:04.680 --> 29:13.040]  basically and so I got to name all this because he denied my appeal so I'm just showing how
[29:13.040 --> 29:18.280]  he's covering all this stuff up and then he denies the appeal, sweeps it all away, you
[29:18.280 --> 29:22.760]  know, and violates the right to appeal.
[29:22.760 --> 29:30.360]  Okay, you have a section here on certification of certain peace officers, 6644-101.
[29:30.360 --> 29:31.360]  Yeah.
[29:31.360 --> 29:39.640]  Okay, hang on, I hear the music and the music is ringing in my ears.
[29:39.640 --> 29:40.640]  Hang on.
[29:40.640 --> 29:49.200]  This is Randy Kelton, Lula Radio, our call in number 512-646-1984.
[29:49.200 --> 29:54.320]  We're talking to Scott, they've got two callers on the board, they've got some lines open,
[29:54.320 --> 30:02.480]  give us a call, we'll be right back.
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[32:02.280 --> 32:05.040]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:05.040 --> 32:08.880]  In today's America, we live in an us-against-them society, and if we, the people, are ever going
[32:08.880 --> 32:12.480]  to have a free society, then we're going to have to stand and defend our own rights.
[32:12.480 --> 32:16.040]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.040 --> 32:20.080]  in our own private capacity, and most importantly, the right to due process of law.
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[33:09.400 --> 33:20.320]  Okay.
[33:20.320 --> 33:21.320]  We are back.
[33:21.320 --> 33:27.480]  Randy Kelton, Rule of Law Radio, and we're talking to Scott in Texas, and Scott, I went
[33:27.480 --> 33:36.960]  through this document on the break, and it is not a petition for read-a-mat-dams.
[33:36.960 --> 33:41.000]  This looks like an appeal.
[33:41.000 --> 33:42.000]  Read a mandamus.
[33:42.000 --> 33:51.320]  You ask the court to issue a mandate to a lower court to command the court to perform
[33:51.320 --> 33:54.080]  a duty he's required to perform.
[33:54.080 --> 34:02.160]  In this case, you appealed the subject matter jurisdiction ruling.
[34:02.160 --> 34:05.520]  Are you there?
[34:05.520 --> 34:08.800]  Yeah, yeah, I'm listening.
[34:08.800 --> 34:09.800]  Okay.
[34:09.800 --> 34:16.480]  You asked the court to overturn a ruling by the lower court, and they can't do that until
[34:16.480 --> 34:19.600]  the issue is properly before the court.
[34:19.600 --> 34:31.640]  What you can bring to this court in a mandamus is the matter of appeal.
[34:31.640 --> 34:39.520]  You have a trial court denying an appeal to itself on its own decision, and that's something
[34:39.520 --> 34:42.800]  the court has no power to do.
[34:42.800 --> 34:53.720]  So rewrite your mandamus, save all this stuff for an appeal, and write a mandamus and ask
[34:53.720 --> 35:05.160]  the court of appeals to order the trial court judge to send all the records to the... Is
[35:05.160 --> 35:06.880]  this a municipal court?
[35:06.880 --> 35:10.080]  It's on the ticket, yes sir.
[35:10.080 --> 35:11.080]  Municipal.
[35:11.080 --> 35:19.040]  Yes, ask the court to command the municipal court to remove all of the case files to the
[35:19.040 --> 35:21.560]  county court.
[35:21.560 --> 35:26.040]  What you can do in mandamus, and then you can ask for sanctions against the judge.
[35:26.040 --> 35:27.040]  Have you bar grieve?
[35:27.040 --> 35:32.040]  I mean, have you filed a judicial conduct complaint against the judge yet?
[35:32.040 --> 35:41.200]  Bar grieve and judicial conduct, two times, and one for the appeal, fell in the... Let
[35:41.200 --> 35:49.160]  me appeal, and then Jody filed a third party witness on him, on Wayne, so he's got a third
[35:49.160 --> 35:52.120]  party witness on him too.
[35:52.120 --> 35:53.280]  Wonderful.
[35:53.280 --> 36:00.640]  Everybody's got third party witness attacks, and getting complaints from them, and I had
[36:00.640 --> 36:08.440]  my son over in Forney, he filed for an appeal, and they're trying to squeeze $25 out of him,
[36:08.440 --> 36:13.240]  and he was going back and forth with them, and they asked, look, put in a paupers affidavit,
[36:13.240 --> 36:18.400]  it means you're poor, you can't pay, and you just tell them you can't pay, and tell them
[36:18.400 --> 36:26.520]  you want the judge to make a ruling on your appeal, and so they wound up... We already
[36:26.520 --> 36:32.760]  bar grieve and filed judicial complaints on that judge, as me as a third party, and him
[36:32.760 --> 36:39.360]  as a complainant a couple of times, so she's getting hammered, and now they were trying
[36:39.360 --> 36:44.220]  to shield her, saying, well, she's just part time, and I was like, that's not your deal,
[36:44.220 --> 36:48.840]  you need to tell her, she needs to make a decision, and I called over there, and they
[36:48.840 --> 36:53.760]  said, oh, we can't talk to you, I said, look, I just need to know if you have given that
[36:53.760 --> 37:01.000]  appeal to the judge, oh, we can't talk to you about this, you're not an attorney, and
[37:01.000 --> 37:07.600]  I told them, I said, well, I am his dad, and you can tell me a little bit of something,
[37:07.600 --> 37:12.200]  and I said, did you submit it, she goes, I turned him into the proper authority, I said,
[37:12.200 --> 37:18.840]  well, he's got a pauper's affidavit in there, he's poor, he can't pay, and so y'all can
[37:18.840 --> 37:26.200]  either deny or grant the appeal for you have been noticed, and she was like, oh, thank
[37:26.200 --> 37:33.440]  you, and she didn't realize, it's like, you've been noticed, and that stuff's been submitted,
[37:33.440 --> 37:41.440]  and so now I can file another judicial conduct on the little office crony, trying to make
[37:41.440 --> 37:44.720]  it where he can get due process.
[37:44.720 --> 37:54.200]  Well, good, this is how we get them not to want to get in this pickle again.
[37:54.200 --> 37:59.360]  Generally, when we start this kind of fight, they will fight with us because they don't
[37:59.360 --> 38:04.600]  know how to do anything different, but once they've been through a fight with us, they
[38:04.600 --> 38:09.240]  tend not to want another one.
[38:09.240 --> 38:13.120]  So I'm hoping you're burning enough of these courts that they're not going to want to get
[38:13.120 --> 38:15.040]  back into these kinds of fights.
[38:15.040 --> 38:22.600]  Well, and that's the thing, whenever you make a bar grievance or judicial conduct, basically
[38:22.600 --> 38:28.720]  all I'm doing is creating a criminal complaint, making it nasty as I possibly can, and just
[38:28.720 --> 38:34.120]  tell them, see attached criminal complaint, slap it on the back, send it off, and off
[38:34.120 --> 38:35.120]  it goes.
[38:35.120 --> 38:38.840]  Now they got a criminal complaint they got to look at and deal with it because nobody
[38:38.840 --> 38:43.440]  got to get one submitted to anybody around here, so y'all got to take it.
[38:43.440 --> 38:48.000]  So that's exactly what they do to you.
[38:48.000 --> 38:55.200]  They will come up with the highest level charge they can bring against you so that they can
[38:55.200 --> 38:56.720]  deal it down.
[38:56.720 --> 39:00.160]  So turnabouts fair play.
[39:00.160 --> 39:11.080]  What they don't realize is you are the master, that they're not the only ones that can file
[39:11.080 --> 39:18.560]  criminal complaints, that you can do that as well and you work the system against them.
[39:18.560 --> 39:24.680]  So we need more of this.
[39:24.680 --> 39:33.440]  Well, that's the big argument now, I need to mail off a couple of documents because
[39:33.440 --> 39:40.560]  I've already given that habeas to Rockwall, but I need it because I've filed chapter
[39:40.560 --> 39:46.600]  seven bankruptcy, so I'm a bankrupt corporation, technically they're a corporation seeking
[39:46.600 --> 39:52.480]  money from a defunct corporation by their own commerce law.
[39:52.480 --> 39:57.440]  So you said print off a couple and send one to the Texas Department of Transportation
[39:57.440 --> 40:05.440]  and another one to my actual bankruptcy court, and that way you get the state having an answer
[40:05.440 --> 40:12.360]  to the fed on my defunctness, I reckon.
[40:12.360 --> 40:19.480]  I like funkiness better, but okay, the document you've written is pretty good.
[40:19.480 --> 40:27.320]  It goes through the code and such, it'll make the beginnings of a really good appeal.
[40:27.320 --> 40:32.400]  But it sucks this mandamus.
[40:32.400 --> 40:34.560]  In the mandamus, it should be really short.
[40:34.560 --> 40:42.920]  You state that you had a hearing, you filed a notice of appeal and the trial court denied
[40:42.920 --> 40:54.280]  the notice of appeal and asked the court of appeals to direct the municipal judge to forward
[40:54.280 --> 41:00.800]  the records to the county court.
[41:00.800 --> 41:05.080]  And when you file that, that'll probably get the records moved.
[41:05.080 --> 41:12.760]  This judge is not likely to wait for the court of appeals to hammer him or her.
[41:12.760 --> 41:17.720]  He's likely to move these over.
[41:17.720 --> 41:24.440]  If he's an attorney otherwise, this is going to put a bad mark on his chart and he's not
[41:24.440 --> 41:25.440]  going to like that.
[41:25.440 --> 41:28.440]  Oh yeah, he's an attorney.
[41:28.440 --> 41:31.800]  Okay, so you did bar grieving.
[41:31.800 --> 41:32.800]  Oh yes.
[41:32.800 --> 41:33.800]  Oh good.
[41:33.800 --> 41:34.800]  Blasphemy.
[41:34.800 --> 41:37.800]  And that'll hurt him.
[41:37.800 --> 41:42.320]  I bar grieved a heck out of him.
[41:42.320 --> 41:47.040]  Jody bar grieved him too, sorry.
[41:47.040 --> 41:51.560]  If he's got three bar grievances and they're likely to cancel his law firm's malpractice
[41:51.560 --> 41:58.240]  insurance now, you have, you know, they're not going to say anything about it, but good
[41:58.240 --> 42:05.960]  chance you may make it difficult for him to continue to practice law and that's what we
[42:05.960 --> 42:06.960]  need to do.
[42:06.960 --> 42:12.680]  Well, they should have dismissed my case like I asked them to do.
[42:12.680 --> 42:19.440]  I signed a ticket under duress and they even, even the cop admitted it was signed under
[42:19.440 --> 42:22.440]  duress.
[42:22.440 --> 42:25.720]  Signing the ticket under duress is meaningless.
[42:25.720 --> 42:27.600]  Well obviously.
[42:27.600 --> 42:30.840]  It's always under duress by definition.
[42:30.840 --> 42:39.560]  Well, you know, so at least I put that on there and then I told him all this was absent
[42:39.560 --> 42:40.960]  of a fourth amendment warrant.
[42:40.960 --> 42:45.080]  There's a fourth amendment warrant, was fourth amendment warrant stopped.
[42:45.080 --> 42:48.120]  And he asked me, what's a fourth amendment warrant?
[42:48.120 --> 42:50.920]  The judge asked me, what's a fourth amendment warrant?
[42:50.920 --> 42:56.040]  I looked at him and I said, I'm not here to give legal advice.
[42:56.040 --> 43:07.920]  Well, okay, this didn't require a fourth amendment warrant actually, because it is a misdemeanor
[43:07.920 --> 43:14.880]  offense committed within view and it's not whether you actually committed the offense
[43:14.880 --> 43:15.880]  or not.
[43:15.880 --> 43:20.000]  It is what the complaint states.
[43:20.000 --> 43:26.280]  Like the complaint states that the officer observed the commission of the offense under
[43:26.280 --> 43:39.320]  14.03, he is authorized to arrest and under 546.003, he's also authorized to allow you
[43:39.320 --> 43:45.380]  to, to release you if you sign a promise to appear and that signature is always under
[43:45.380 --> 43:49.960]  duress because if you don't sign it, he's taking you to jail.
[43:49.960 --> 43:52.320]  So signing it under duress is meaningless.
[43:52.320 --> 43:58.640]  Hang on, Randy Kelton, Weeblow Radio, we'll be right back.
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[46:00.000 --> 46:24.720]  Okay.
[46:24.720 --> 46:25.720]  We are back.
[46:25.720 --> 46:30.120]  Randy Kelton with the Rule of Law Radio, and we're talking to Scott in Texas.
[46:30.120 --> 46:33.520]  Okay, Scott, you got anything else for us?
[46:33.520 --> 46:36.920]  Well, I guess not, so.
[46:36.920 --> 46:37.920]  Okay.
[46:37.920 --> 46:38.920]  Call me in the morning.
[46:38.920 --> 46:41.240]  I'll go through that mandamus with you.
[46:41.240 --> 46:46.160]  Yeah, it sounded like it's real short, just a letter to the judge, and I just need to
[46:46.160 --> 46:47.760]  know where to mail this stuff off.
[46:47.760 --> 46:48.760]  No, no.
[46:48.760 --> 46:49.760]  You don't want to send that thing.
[46:49.760 --> 46:53.440]  You've got a lot of argument in there that doesn't have to do with mandamus, and you
[46:53.440 --> 46:54.440]  didn't ask.
[46:54.440 --> 46:55.440]  Yeah, I know.
[46:55.440 --> 46:56.440]  Okay.
[46:56.440 --> 46:59.200]  You didn't ask for an order from the judge, but we can fix that.
[46:59.200 --> 47:02.200]  It'll be even shorter, probably just one short page.
[47:02.200 --> 47:08.640]  Yeah, that's what I'm talking about, so yeah, like you said, this is just an appeal, so,
[47:08.640 --> 47:09.640]  but anyhow.
[47:09.640 --> 47:10.640]  Yeah, okay.
[47:10.640 --> 47:16.680]  Well, I'll call you in the morning, and we'll get that little story for you.
[47:16.680 --> 47:21.880]  What I've seen in that document, it needs some work, but you are getting much better.
[47:21.880 --> 47:22.880]  Oh, good.
[47:22.880 --> 47:29.240]  Your language, your construction is much, much better.
[47:29.240 --> 47:31.440]  Not bad for a Dallas chump.
[47:31.440 --> 47:38.400]  Well, hey, you know, I had a good teacher.
[47:38.400 --> 47:41.680]  Do not hype up Eddie on this show.
[47:41.680 --> 47:43.680]  He's a chump, too.
[47:43.680 --> 47:48.600]  Yeah, well, you know, Eddie needs to step up.
[47:48.600 --> 47:50.600]  No slack for Eddie.
[47:50.600 --> 47:53.520]  Okay.
[47:53.520 --> 47:54.520]  Thank you, Scott.
[47:54.520 --> 47:57.960]  Now we're going to go to Barrett in Arizona.
[47:57.960 --> 47:58.960]  Hello, Barrett.
[47:58.960 --> 47:59.960]  Hi, guys.
[47:59.960 --> 48:00.960]  Hello, fellow human beings.
[48:00.960 --> 48:06.680]  This is the first time that I've called.
[48:06.680 --> 48:07.680]  Hold on.
[48:07.680 --> 48:08.680]  Are you on a speakerphone?
[48:08.680 --> 48:09.680]  Oh, hold on.
[48:09.680 --> 48:10.680]  Let me turn this off.
[48:10.680 --> 48:11.680]  All right.
[48:11.680 --> 48:12.680]  Hello?
[48:12.680 --> 48:13.680]  Okay.
[48:13.680 --> 48:14.680]  That's much better.
[48:14.680 --> 48:23.040]  You can always tell if somebody's on a speakerphone because it sounds like they have their head
[48:23.040 --> 48:24.040]  in a toilet.
[48:24.040 --> 48:25.040]  Oh, okay.
[48:25.040 --> 48:26.040]  All right.
[48:26.040 --> 48:27.040]  All right.
[48:27.040 --> 48:28.040]  Okay.
[48:28.040 --> 48:29.040]  Yeah, that's much better.
[48:29.040 --> 48:36.720]  And I was probably thinking- Okay, hold on, Barrett.
[48:36.720 --> 48:39.040]  We lost you there for a moment.
[48:39.040 --> 48:40.560]  You flaked out.
[48:40.560 --> 48:41.560]  Start over again.
[48:41.560 --> 48:42.560]  Oh, okay.
[48:42.560 --> 48:48.840]  Well, the last time I called you guys, I was probably thinking that you were there.
[48:48.840 --> 48:52.840]  I kind of failed to ask you and I couldn't think of what you said.
[48:52.840 --> 48:53.840]  Wait a minute.
[48:53.840 --> 48:54.840]  Wait a minute, Barrett.
[48:54.840 --> 48:56.400]  You're floating in and out.
[48:56.400 --> 48:58.480]  I'm not able to understand you.
[48:58.480 --> 49:00.480]  Can you hang up and call right back?
[49:00.480 --> 49:01.480]  Okay.
[49:01.480 --> 49:04.480]  Maybe you'll get a better connection.
[49:04.480 --> 49:05.480]  Okay.
[49:05.480 --> 49:10.720]  I'm going to give Barrett a moment to call back in.
[49:10.720 --> 49:16.040]  I have two more callers online, Charlene in New York and David in South Dakota, and we'll
[49:16.040 --> 49:23.520]  get to you, but if I pass this one, then I'll have to... I don't want him to have to sit
[49:23.520 --> 49:28.520]  there a long time, especially since he's a first-time caller.
[49:28.520 --> 49:31.680]  So we'll give him a minute.
[49:31.680 --> 49:39.400]  Back to what I was talking about earlier, I'm getting my e-book a lot closer, and David,
[49:39.400 --> 49:46.680]  I see you down there, I sent you as the section on flow, and I'm hoping you have a question
[49:46.680 --> 49:52.720]  or a comment on the section on flow.
[49:52.720 --> 49:58.600]  Probably the most profound part of the whole e-book is the section on mental flow.
[49:58.600 --> 50:07.000]  I read these legal documents, and they tend to jump from one thing to another.
[50:07.000 --> 50:12.200]  They use acronyms and don't define the acronyms.
[50:12.200 --> 50:18.960]  They make assertions about things that are not explained.
[50:18.960 --> 50:25.200]  They use unstated and unsupported presuppositions, and I read these things and I'm just totally
[50:25.200 --> 50:27.200]  lost.
[50:27.200 --> 50:34.400]  I know whoever wrote it knew exactly what they were doing, what they meant, but because
[50:34.400 --> 50:42.040]  they weren't thinking about how the mind of their reader was responding to what they were
[50:42.040 --> 50:44.000]  writing, it came up word-sounding.
[50:44.000 --> 50:50.400]  I couldn't make sense of them, and I get this a lot, especially from documents written by
[50:50.400 --> 50:52.800]  prosaic people in the legal reform movement.
[50:52.800 --> 51:02.040]  So I'm hoping I can develop a set of relatively basic understandings that will allow us to
[51:02.040 --> 51:11.800]  start producing some documents that at the very least won't embarrass us.
[51:11.800 --> 51:17.800]  At the best, what I'd like to see is people producing documents that when the judge reads
[51:17.800 --> 51:22.560]  it, the only way he can tell that a lawyer didn't write it is it doesn't have a lawyer's
[51:22.560 --> 51:23.840]  signature in the end.
[51:23.840 --> 51:27.240]  That would be ideal, but we're working on that.
[51:27.240 --> 51:32.240]  Okay, Barrett is back.
[51:32.240 --> 51:35.800]  Okay, hello Barrett.
[51:35.800 --> 51:38.800]  It looks like I have you twice.
[51:38.800 --> 51:47.000]  Yeah, I'm on a different phone, I don't know which phone is going to be better.
[51:47.000 --> 51:49.360]  Okay, hold on, let me try the other phone.
[51:49.360 --> 51:55.160]  You sound like you're on a speaker phone on this phone, I'm going to answer the other
[51:55.160 --> 51:56.160]  one.
[51:56.160 --> 51:57.160]  Okay.
[51:57.160 --> 51:58.160]  One moment.
[51:58.160 --> 52:05.920]  Okay, talk to me.
[52:05.920 --> 52:10.320]  Talk to me on the other phone.
[52:10.320 --> 52:11.320]  On this one here?
[52:11.320 --> 52:12.760]  That one, yes.
[52:12.760 --> 52:13.760]  That's much better.
[52:13.760 --> 52:14.760]  Okay, all right.
[52:14.760 --> 52:24.520]  No, that's not better, you're still flaking out.
[52:24.520 --> 52:28.480]  Go back to the 6793 number.
[52:28.480 --> 52:29.480]  Okay.
[52:29.480 --> 52:31.480]  What was that now?
[52:31.480 --> 52:34.640]  Wait a minute, okay, the other phone just dropped off.
[52:34.640 --> 52:45.080]  Okay, try to move the phone a little bit further from your mouth.
[52:45.080 --> 52:53.400]  Your connection is fading in and out, I'm just getting a couple of syllables.
[52:53.400 --> 52:55.920]  Can I just call you on my other phone?
[52:55.920 --> 52:56.920]  That's better.
[52:56.920 --> 52:58.920]  Whatever you're doing there, keep doing that.
[52:58.920 --> 53:03.040]  Okay, I just have a quick couple of questions.
[53:03.040 --> 53:04.040]  Okay.
[53:04.040 --> 53:12.520]  I went to file a restraining order, knowing the judge would not view my face fully, and
[53:12.520 --> 53:15.640]  so I'm in the process of seeing the judge.
[53:15.640 --> 53:19.800]  Okay, hold on, move the mic a little further from your mouth, you're distorting real bad.
[53:19.800 --> 53:24.480]  You're being arrested, okay, are you?
[53:24.480 --> 53:31.280]  Barrett, I think I lost you all together.
[53:31.280 --> 53:32.280]  Okay.
[53:32.280 --> 53:37.400]  Boy, I don't even know how to do this to you.
[53:37.400 --> 53:40.280]  No, this is not working at all, I can't understand you.
[53:40.280 --> 53:43.960]  Do you have another phone somewhere else or are you on a cell phone?
[53:43.960 --> 53:49.520]  I can call you from my other phone number.
[53:49.520 --> 53:53.800]  Okay, try that, I'm going to go ahead and take Charlene from New York.
[53:53.800 --> 53:54.800]  Hello, Charlene.
[53:54.800 --> 53:55.800]  Hi, man.
[53:55.800 --> 54:00.800]  Charlene, Charlene, I keep putting an H in there.
[54:00.800 --> 54:07.560]  It's okay, I always say Charlene when I'm a lot, it's okay.
[54:07.560 --> 54:10.120]  Okay, what do you have for us today?
[54:10.120 --> 54:12.120]  I've got a whole bunch of documents from you.
[54:12.120 --> 54:17.120]  Yes, I just, yeah, that's what I was basically calling to follow up to see if you were able
[54:17.120 --> 54:24.640]  to look at them or as I know, it just arrived to you, so I don't know if you were able to.
[54:24.640 --> 54:28.800]  No, I hadn't had time to go through them and I didn't pick up the ones from the post office
[54:28.800 --> 54:29.800]  yet.
[54:29.800 --> 54:31.800]  I will pick those up in the morning.
[54:31.800 --> 54:37.640]  Oh, okay, okay, okay, okay, so yeah, those are basically the main, you know, the packet
[54:37.640 --> 54:44.400]  was the main things that I needed field, but I did have a few questions though on that
[54:44.400 --> 54:51.760]  kind of, I just found out some things about the loan servicer that has our loan at this
[54:51.760 --> 54:59.040]  time and I basically went to a corporation, it's called 5 Borough Success, New York City
[54:59.040 --> 55:05.240]  and they basically told me, they said Aquin isn't allowed to practice lending services
[55:05.240 --> 55:10.320]  in New York or something like that and I was just a little bothered by that because they
[55:10.320 --> 55:17.960]  basically had our loan, our loan was transferred to them in 2013 and they've basically been
[55:17.960 --> 55:22.480]  on our case ever since, so I was just a little confused about that.
[55:22.480 --> 55:24.680]  Oh, this is wonderful.
[55:24.680 --> 55:25.680]  Okay.
[55:25.680 --> 55:30.680]  Yeah, it scares me because I'm like, we already went through the process and they're already
[55:30.680 --> 55:34.040]  taking, they're already putting us through foreclosure, we didn't take that modification
[55:34.040 --> 55:36.320]  they offered, so I'm like, where does that leave us now?
[55:36.320 --> 55:37.320]  Why didn't you tell us that?
[55:37.320 --> 55:46.720]  Okay, okay, hold on, if they're not allowed to do business in New York, then you can most
[55:46.720 --> 55:54.960]  likely force them to pay back every penny that you sent to them.
[55:54.960 --> 56:06.760]  This happened with American wholesale lenders in Florida where, I forget, the Bank of America's
[56:06.760 --> 56:17.440]  servicing arm set up American wholesale lenders and used it as a servicing company and they
[56:17.440 --> 56:25.360]  claimed that American wholesale lenders was incorporated in New York and a couple of guys
[56:25.360 --> 56:31.680]  just checked on them and found they weren't incorporated in New York.
[56:31.680 --> 56:33.600]  These guys were in Pennsylvania.
[56:33.600 --> 56:41.400]  So they went to New York and they filed articles of incorporation for American wholesale lenders.
[56:41.400 --> 56:46.200]  And then everybody that was getting foreclosed on it sent information to American wholesale
[56:46.200 --> 56:56.760]  lenders and went to these guys and oh, America, they sued them over stealing their name and
[56:56.760 --> 56:59.520]  oh, it's a big deal.
[56:59.520 --> 57:06.760]  But American wholesale lenders was then taken on by a guy in Florida who raised the issue
[57:06.760 --> 57:09.800]  that they were never authorized to do business in Florida.
[57:09.800 --> 57:16.080]  And the court said, no, they're not, made them give the borrower back every dime he
[57:16.080 --> 57:25.000]  had given them for escrow, taxes, everything, because they weren't allowed to collect that
[57:25.000 --> 57:34.640]  money and then they complained that they had a claim against the property.
[57:34.640 --> 57:36.600]  And the court said, no, you don't.
[57:36.600 --> 57:39.120]  Yeah, but we gave him the property.
[57:39.120 --> 57:40.120]  Yeah, you did.
[57:40.120 --> 57:41.120]  Too bad.
[57:41.120 --> 57:46.840]  They gave him a warranty deed in exchange for a claim against the property, but they
[57:46.840 --> 57:49.600]  didn't have power to enforce the claim.
[57:49.600 --> 57:52.600]  So the guy got everything.
[57:52.600 --> 58:00.360]  Wow, this is unbelievable, like impossible, but too good to be true.
[58:00.360 --> 58:03.640]  This could be so much fun.
[58:03.640 --> 58:09.600]  If awkward has been forbidden to do business in New York, you could go after them for punitive,
[58:09.600 --> 58:12.040]  all kinds of stuff.
[58:12.040 --> 58:13.440]  Would you need evidence for that?
[58:13.440 --> 58:15.200]  Oh, lots of little questions.
[58:15.200 --> 58:22.840]  If they've been banned from doing business in New York, that will not be hard to find.
[58:22.840 --> 58:26.840]  Probably five minutes on the internet and we'll find that one.
[58:26.840 --> 58:27.840]  Right.
[58:27.840 --> 58:28.840]  Okay.
[58:28.840 --> 58:29.840]  Hang on.
[58:29.840 --> 58:30.840]  About to go to break.
[58:30.840 --> 58:31.840]  Randy Kelton.
[58:31.840 --> 58:37.000]  We'll use our radio or call in number 512-646-1984.
[58:37.000 --> 58:38.000]  Give us a call.
[58:38.000 --> 58:39.760]  We'll be taking your calls all night.
[58:39.760 --> 58:50.440]  We'll be right back.
[58:50.440 --> 58:54.560]  Would you like to make more definite progress in your walk with God?
[58:54.560 --> 58:59.760]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.760 --> 59:01.080]  can really help.
[59:01.080 --> 59:05.560]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.560 --> 59:06.560]  today.
[59:06.560 --> 59:10.440]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.440 --> 59:13.560]  to know God and to know the meaning of life.
[59:13.560 --> 59:18.800]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.800 --> 59:23.080]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.080 --> 59:28.000]  of salvation, growing in Christ and how to build up the church.
[59:28.000 --> 59:33.000]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:33.000 --> 59:40.760]  Life, call Bibles for America toll free at 888-551-0102.
[59:40.760 --> 59:49.800]  That's 888-551-0102 or visit us online at bfa.org.
[59:49.800 --> 01:00:00.720]  Live, free speech radio, logosradionetwork.com.
[01:00:00.720 --> 01:00:05.920]  And following these flashes brought to you by the Lone Star Lowdown, providing the daily
[01:00:05.920 --> 01:00:13.520]  bulletins for the commodities market, Today in History, News Updates, and the inside scoop
[01:00:13.520 --> 01:00:17.680]  into the tides of the alternatives.
[01:00:17.680 --> 01:00:24.200]  Markets for Wednesday, the 26th of October, 2016 are currently trending with gold at $1,266.33
[01:00:24.200 --> 01:00:31.480]  an ounce, silver $17.63 an ounce, Texas crude $49.96 a barrel, and Bitcoin is currently
[01:00:31.480 --> 01:00:39.920]  sitting at about $675 U.S. currency.
[01:00:39.920 --> 01:00:45.320]  Today in history, the year 2001, then President George W. Bush signs into law the United and
[01:00:45.320 --> 01:00:49.720]  Strengthening America by providing appropriate tools required to intercept an obstruct terrorism
[01:00:49.720 --> 01:00:54.800]  act or the USA PATRIOT Act into law, with controversial provisions concerning surveillance
[01:00:54.800 --> 01:00:59.720]  procedures and gathering, anti-money laundering and business records, removing obstacles to
[01:00:59.720 --> 01:01:04.880]  investigating terrorism by consolidating agencies, and contentious interrogation techniques.
[01:01:04.880 --> 01:01:08.440]  Perhaps the biggest concern raised from civil rights groups was the rapidness in which the
[01:01:08.440 --> 01:01:14.360]  342-page bill was written up, read, and passed by Congress and then signed into law a little
[01:01:14.360 --> 01:01:17.960]  over a month after the September 11th terrorist attacks.
[01:01:17.960 --> 01:01:26.080]  Today in history, in recent years, NATO's biggest military proliferation on Russia's
[01:01:26.080 --> 01:01:30.640]  border since the Cold War is underway, with Great Britain announcing Wednesday today that
[01:01:30.640 --> 01:01:34.720]  it is planning on sending fighter jets to Romania next year, and the United States has
[01:01:34.720 --> 01:01:39.360]  vowed troops, tanks, and artillery to Poland, along with Germany, Canada, and other NATO
[01:01:39.360 --> 01:01:43.880]  allies also pledging forces at a defense ministers meeting in Brussels.
[01:01:43.880 --> 01:01:48.240]  Meanwhile, two Russian warships entered the Baltic Sea between Sweden and Denmark and
[01:01:48.240 --> 01:01:50.480]  are said to be armed with cruise missiles.
[01:01:50.480 --> 01:01:54.480]  The ships were part of an eight-ship carrier battle group, including Russia's one and
[01:01:54.480 --> 01:01:59.120]  only aircraft carrier, the Admiral Kuznestov, which is expected to join around 10 other
[01:01:59.120 --> 01:02:02.080]  Russian vessels already off the Syrian coast.
[01:02:02.080 --> 01:02:07.640]  We hope and pray these Russian-NATO escalations over engagement in Syria are soon de-escalated
[01:02:07.640 --> 01:02:09.560]  and a resolve is figured out.
[01:02:09.560 --> 01:02:17.360]  Our thoughts and prayers also go out to the people of Syria as well.
[01:02:17.360 --> 01:02:19.480]  Early voting started Monday in Texas.
[01:02:19.480 --> 01:02:21.640]  Record turnout is being recorded in many counties.
[01:02:21.640 --> 01:02:25.680]  However, some individual voters have been calling foul when voting straight ticket,
[01:02:25.680 --> 01:02:29.280]  claiming that the e-voting machines are leaving the presidential bid unchecked when a straight
[01:02:29.280 --> 01:02:31.600]  vote for the Republican Party is placed.
[01:02:31.600 --> 01:02:35.320]  Reminds me of what Joseph Stalin said when he said that it wasn't who voted that counted,
[01:02:35.320 --> 01:02:37.000]  but who counted the votes.
[01:02:37.000 --> 01:02:41.560]  Early voting in Texas ends four days before the election, so get out there and vote nobody
[01:02:41.560 --> 01:02:42.560]  for president.
[01:02:42.560 --> 01:02:43.560]  The Lone Star Lowdown is currently looking for sponsors.
[01:02:43.560 --> 01:02:44.560]  If you have a product or a service you'd like to advertise with us, feel free to give me
[01:02:44.560 --> 01:02:45.560]  a call at 210-363-2257.
[01:02:45.560 --> 01:03:07.920]  This is Brooke Brody with your Lowdown for October 26, 2016.
[01:03:15.560 --> 01:03:24.200]  Okay, we are back.
[01:03:24.200 --> 01:03:30.760]  Randy Kelvin with La Radio, and we're talking to Carlene in New York.
[01:03:30.760 --> 01:03:40.320]  On the break I looked up Ockwin, a new band in New York, and I find a $140 million settlement,
[01:03:40.320 --> 01:03:51.920]  $150 million settlement, and the firing of the removal of the chairman in 2014, but I
[01:03:51.920 --> 01:03:52.920]  haven't had time to read it.
[01:03:52.920 --> 01:03:58.360]  I didn't see anything that said that they were banned from doing business, but I'll
[01:03:58.360 --> 01:03:59.360]  keep checking.
[01:03:59.360 --> 01:04:00.360]  It may be there.
[01:04:00.360 --> 01:04:06.760]  Okay, Carlene, could you have other questions for us?
[01:04:06.760 --> 01:04:07.760]  Yes.
[01:04:07.760 --> 01:04:13.320]  I actually do have a question that sort of relates to this one, so being that I just
[01:04:13.320 --> 01:04:15.320]  learned this information, it's probably not true.
[01:04:15.320 --> 01:04:21.640]  I don't know if he misunderstood when he told me that, but is it possible that a loan modification
[01:04:21.640 --> 01:04:26.360]  could be a scam, like they could offer a fraud loan mod?
[01:04:26.360 --> 01:04:35.240]  They're always a scam, always.
[01:04:35.240 --> 01:04:40.680]  Every one I've looked at, you go for a loan modification, the whole idea is to lower your
[01:04:40.680 --> 01:04:41.680]  payment.
[01:04:41.680 --> 01:04:44.400]  They wind up doubling or tripling your payment.
[01:04:44.400 --> 01:04:50.240]  They ask you to send them in money that they then take, cash your checks, and do not apply
[01:04:50.240 --> 01:04:52.280]  it to the loan.
[01:04:52.280 --> 01:05:00.160]  They do exactly the opposite of what the HAMP program was supposed to accomplish.
[01:05:00.160 --> 01:05:01.640]  Wow.
[01:05:01.640 --> 01:05:12.120]  So it's possible that the trial period mod that they offered to us was a fraud?
[01:05:12.120 --> 01:05:18.320]  I mean, it just sounds really ridiculous that they would do something crazy like that, but
[01:05:18.320 --> 01:05:22.280]  I'm not surprised how these banks are.
[01:05:22.280 --> 01:05:29.160]  They pretty well feel like they have the courts bought and paid for, and for the most part,
[01:05:29.160 --> 01:05:33.280]  they're right, they do.
[01:05:33.280 --> 01:05:36.680]  But there are ways to take them on anyway.
[01:05:36.680 --> 01:05:43.040]  At the end of the day, it's all about the money, and we're trying to get more and more
[01:05:43.040 --> 01:05:48.880]  people who know how to take them on and make it more expensive to do it wrong than to do
[01:05:48.880 --> 01:05:49.880]  it right.
[01:05:49.880 --> 01:06:00.320]  Right now, 95% of all foreclosures are unopposed, so they can do anything they want to.
[01:06:00.320 --> 01:06:04.680]  Every once in a while, somebody objects and they get stunned, but heck, that's the cost
[01:06:04.680 --> 01:06:05.680]  of doing business.
[01:06:05.680 --> 01:06:11.160]  But for the most part, if an ordinary citizen tries to fight the banks, they bought and
[01:06:11.160 --> 01:06:15.960]  paid for the judges.
[01:06:15.960 --> 01:06:18.280]  I know that's harsh.
[01:06:18.280 --> 01:06:23.440]  We do have a couple of judges in New York who seem not to be bought and paid for, but
[01:06:23.440 --> 01:06:30.920]  for the most part, it makes, especially in the federal court, it makes absolutely no
[01:06:30.920 --> 01:06:33.720]  difference what you plead.
[01:06:33.720 --> 01:06:40.080]  The federal court's going to throw it out.
[01:06:40.080 --> 01:06:46.720]  But in the process, there's other things we can do to them, and I've developed a whole
[01:06:46.720 --> 01:06:54.040]  bunch of things so that we can beat these guys up and make them want to come to the
[01:06:54.040 --> 01:06:55.640]  table.
[01:06:55.640 --> 01:07:02.360]  The one thing about civil lawsuits against these guys, you can keep them in the court
[01:07:02.360 --> 01:07:06.120]  till everybody gets old.
[01:07:06.120 --> 01:07:07.120]  That's why I'm old.
[01:07:07.120 --> 01:07:11.840]  I've kept them in the courts, but yeah, you can...
[01:07:11.840 --> 01:07:12.840]  Wow.
[01:07:12.840 --> 01:07:17.120]  There's one problem with civil litigation, it takes forever.
[01:07:17.120 --> 01:07:18.320]  Really?
[01:07:18.320 --> 01:07:19.400]  Wow.
[01:07:19.400 --> 01:07:27.880]  If you're leasing this property out, you just keep leasing it out and let them pay the taxes
[01:07:27.880 --> 01:07:33.440]  because they can't afford to have it sold for taxes because they'll lose their... because
[01:07:33.440 --> 01:07:40.640]  a tax lien is superior to a mortgage lien, so they have to pay the taxes while you keep
[01:07:40.640 --> 01:07:43.880]  the property and lease it out and collect the money on it.
[01:07:43.880 --> 01:07:44.880]  Wow.
[01:07:44.880 --> 01:07:49.640]  That just sounds totally just the opposite, because it's basically saying that we should
[01:07:49.640 --> 01:07:50.640]  just walk away.
[01:07:50.640 --> 01:07:54.760]  If you didn't pay it in your five years on my parents, well, when they passed away, we
[01:07:54.760 --> 01:07:57.520]  were trying to fight to keep it, and they basically said, it's a done deal.
[01:07:57.520 --> 01:08:02.880]  You owe all these liens and taxes, so they're going to take it, and you owe it, and-
[01:08:02.880 --> 01:08:03.880]  No, they're not.
[01:08:03.880 --> 01:08:04.880]  No.
[01:08:04.880 --> 01:08:05.880]  Okay.
[01:08:05.880 --> 01:08:10.560]  They always tell you this nonsense, and we tell them, good luck on that, guys.
[01:08:10.560 --> 01:08:16.760]  Especially from the cursory look I've had at your documentation, they don't have a clean
[01:08:16.760 --> 01:08:17.760]  chain of title.
[01:08:17.760 --> 01:08:22.320]  Yeah, definitely not there, yeah.
[01:08:22.320 --> 01:08:26.840]  The first thing you want to do is petition the court for a declaration of rights of the
[01:08:26.840 --> 01:08:30.160]  parties.
[01:08:30.160 --> 01:08:37.880]  If you make any claim against the banks, they bought the courts, unless it's Judge Schreck
[01:08:37.880 --> 01:08:42.960]  in New York, he's the only one that actually seems to be honest.
[01:08:42.960 --> 01:08:48.400]  They're going to rule in favor of the banks, and they're going to dismiss your case for
[01:08:48.400 --> 01:08:51.440]  failure of state of claim of which recovery can be had.
[01:08:51.440 --> 01:08:56.840]  You file a petition for the declaration of rights of parties.
[01:08:56.840 --> 01:09:04.240]  That one doesn't have a claim, so it can't be dismissed for failure to state a claim.
[01:09:04.240 --> 01:09:05.240]  Wow.
[01:09:05.240 --> 01:09:13.120]  You get past the front end motion to dismiss, and now we go to discovery, and that's the
[01:09:13.120 --> 01:09:19.640]  one thing the banks want to avoid more than anything, is discovery.
[01:09:19.640 --> 01:09:20.640]  Okay.
[01:09:20.640 --> 01:09:24.360]  They can't come up with the paperwork.
[01:09:24.360 --> 01:09:30.760]  Okay, so to get to that point of discovery, you said that someone has to file a declaration
[01:09:30.760 --> 01:09:31.760]  of rights.
[01:09:31.760 --> 01:09:38.200]  A petition for declaratory judgment suit.
[01:09:38.200 --> 01:09:46.960]  You can petition for recovery, or you can petition to ask for declaratory judgment.
[01:09:46.960 --> 01:09:57.600]  You ask for a restraining order, that's declaratory judgment, because you don't get compensation
[01:09:57.600 --> 01:09:58.600]  for harm.
[01:09:58.600 --> 01:10:04.200]  You're just asking the judge to issue an order.
[01:10:04.200 --> 01:10:10.160]  That's declaratory judgment, but we have another aspect of declaratory judgment where you can
[01:10:10.160 --> 01:10:15.320]  ask the court to declare the rights of the parties.
[01:10:15.320 --> 01:10:20.600]  What you need to file is a petition for declaration of the rights of the parties, and you ask
[01:10:20.600 --> 01:10:32.000]  the court to rule that Aquin, and Aquin's supposed holder, lacks standing to enforce
[01:10:32.000 --> 01:10:42.520]  the mortgage contract, and ask them to prove upstanding in accordance with the, I forget
[01:10:42.520 --> 01:10:46.200]  the number of the statute in New York, that-
[01:10:46.200 --> 01:10:49.800]  I think it's six years, it said it was six years.
[01:10:49.800 --> 01:10:50.800]  No, no, no, no.
[01:10:50.800 --> 01:10:57.000]  There's a statute that says any claim against real property not properly, not acknowledged
[01:10:57.000 --> 01:11:00.440]  or proven and filed in the record is voiced to the holder.
[01:11:00.440 --> 01:11:01.440]  That one.
[01:11:01.440 --> 01:11:02.440]  Oh, okay.
[01:11:02.440 --> 01:11:03.440]  Yeah, so-
[01:11:03.440 --> 01:11:07.680]  I don't see them on the records, the county records, they're listed, they're not there,
[01:11:07.680 --> 01:11:11.080]  it's other services there, and it's just really confusing.
[01:11:11.080 --> 01:11:14.120]  They said, well, they have the right to foreclose, and they're not here, and they don't have
[01:11:14.120 --> 01:11:15.600]  the right, so it's-
[01:11:15.600 --> 01:11:17.600]  I don't listen to all that crap.
[01:11:17.600 --> 01:11:18.600]  Confusion.
[01:11:18.600 --> 01:11:23.120]  They will lie to you.
[01:11:23.120 --> 01:11:27.960]  Don't pay any attention to the crap they tell you.
[01:11:27.960 --> 01:11:35.000]  They will look you right in the eye, and they will lie like dogs, so pay no attention.
[01:11:35.000 --> 01:11:40.000]  The only thing you pay attention to is what's filed in the public record.
[01:11:40.000 --> 01:11:41.600]  I don't care what you got.
[01:11:41.600 --> 01:11:46.680]  Okay, here's the deal in law, if you're going to get the right answer, you got to ask the
[01:11:46.680 --> 01:11:47.680]  right question.
[01:11:47.680 --> 01:11:52.160]  Okay, you hold a mortgage, so what?
[01:11:52.160 --> 01:12:03.720]  You have standing to collect this mortgage from whoever you got the mortgage from.
[01:12:03.720 --> 01:12:15.120]  What the code says, and every status is almost identical, is that a transfer of a claim against
[01:12:15.120 --> 01:12:27.240]  real property is void as to the parties, even if it's not filed in the public record, but
[01:12:27.240 --> 01:12:36.200]  it's void as to- the deed of trust is void as to the borrower if it's not filed in the
[01:12:36.200 --> 01:12:39.320]  public record.
[01:12:39.320 --> 01:12:47.640]  What that means is, is they can do an assignment and assign the mortgage to somebody else,
[01:12:47.640 --> 01:12:53.480]  and the assignment is valid as to the assignor and the assignee, you're not either one of
[01:12:53.480 --> 01:12:54.480]  those.
[01:12:54.480 --> 01:13:00.880]  Now, they've got this mortgage, and they come back and they want to enforce the mortgage,
[01:13:00.880 --> 01:13:08.000]  and you say, hold on here, I didn't issue you a mortgage, I issued a mortgage to this
[01:13:08.000 --> 01:13:14.520]  company, well, it was assigned to us, well, the problem is that assignment wasn't filed
[01:13:14.520 --> 01:13:24.600]  in the public record, therefore, that document is void as to me, you can't come to me and
[01:13:24.600 --> 01:13:32.560]  enforce that contract because you don't have a clear chain of title.
[01:13:32.560 --> 01:13:39.520]  So we don't care what you got, if you didn't file a complete chain of title in the public
[01:13:39.520 --> 01:13:48.760]  record, you can use that for toilet paper, and that's the question we bring to the court,
[01:13:48.760 --> 01:13:53.600]  that's the question they don't want answered, they don't want to have to show that they
[01:13:53.600 --> 01:14:00.040]  have legal capacity, they may have standing to collect, but they don't have the legal
[01:14:00.040 --> 01:14:07.080]  capacity to invoke a subject matter jurisdiction to the court, and they can't express the claim
[01:14:07.080 --> 01:14:10.840]  against you.
[01:14:10.840 --> 01:14:16.160]  New York is a mortgage state that have to go to the court, but they have no legal capacity
[01:14:16.160 --> 01:14:24.160]  to bring a controversy to the court because their contract with the assignor is not valid
[01:14:24.160 --> 01:14:27.440]  as to you because it's not filed in the record.
[01:14:27.440 --> 01:14:35.880]  Oh, okay, so even if they sent a letter to the borrower stating that the servicing is
[01:14:35.880 --> 01:14:39.680]  being transferred over, does that sort of give them the power?
[01:14:39.680 --> 01:14:44.440]  No, servicing doesn't mean anything.
[01:14:44.440 --> 01:14:50.440]  Servicing just means that they're a collection company for the holder of the mortgage.
[01:14:50.440 --> 01:14:54.600]  Oh, okay.
[01:14:54.600 --> 01:14:55.600]  When they...
[01:14:55.600 --> 01:14:57.760]  It doesn't make sense.
[01:14:57.760 --> 01:15:07.520]  When they sell them the mortgage to the pool, they keep the servicing rights, and they either
[01:15:07.520 --> 01:15:11.840]  keep them themselves or they sell the servicing rights to somebody else.
[01:15:11.840 --> 01:15:19.880]  Now, that part has really nothing to do with you, that's just a collection agency for the
[01:15:19.880 --> 01:15:25.480]  holder, that's all the servicer is.
[01:15:25.480 --> 01:15:34.200]  Unless the deed of trust has been assigned to the servicer, now the servicer has standing
[01:15:34.200 --> 01:15:37.040]  to enforce the deed of trust.
[01:15:37.040 --> 01:15:41.320]  But only if that assignment has been filed in the public record.
[01:15:41.320 --> 01:15:48.600]  The deed of trust authorizes the sale of the instrument to a third party, so under contract
[01:15:48.600 --> 01:15:51.840]  they can sell it.
[01:15:51.840 --> 01:15:57.200]  But according to the state recording laws, if they don't file that assignment in the
[01:15:57.200 --> 01:16:04.480]  public record so that there's a clear chain of title, they can't enforce that right.
[01:16:04.480 --> 01:16:06.760]  So while they got it, they can't enforce it.
[01:16:06.760 --> 01:16:10.040]  Now, the note is still good.
[01:16:10.040 --> 01:16:15.720]  They can sue based on the note, but they can't make a claim against the property.
[01:16:15.720 --> 01:16:22.320]  So we'll go for declaratory judgment stating that the deed of trust is void as to this
[01:16:22.320 --> 01:16:24.320]  holder.
[01:16:24.320 --> 01:16:31.560]  And since this entity is holding it, the original lender can't transfer it because they don't
[01:16:31.560 --> 01:16:34.000]  hold it.
[01:16:34.000 --> 01:16:38.200]  So the original lender can't express it because they don't hold it anymore, the one who does
[01:16:38.200 --> 01:16:43.080]  hold it didn't file it in the record, so they can't express it, we ask if the deed of trust
[01:16:43.080 --> 01:16:46.120]  is void or the mortgage is void.
[01:16:46.120 --> 01:16:51.080]  Now if they want to collect the note, they have to sue you personally.
[01:16:51.080 --> 01:16:56.160]  You could also dispose of the property in the interim, they have no claim against it.
[01:16:56.160 --> 01:17:01.160]  Hang on, Randy Kelton, we'll blow radio, we'll write.
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[01:18:50.000 --> 01:18:59.000]  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
[01:18:59.000 --> 01:19:02.000]  collectors now.
[01:19:02.000 --> 01:19:09.000]  This is the Logos Radio Network.
[01:19:09.000 --> 01:19:30.000]  Okay, we are back, Randy Kelton with our radio and we're talking about debt collectors.
[01:19:30.000 --> 01:19:44.680]  Okay, so I could probably spend four hours on this explaining what would all make sense.
[01:19:44.680 --> 01:19:47.720]  Yes, I just have some questions.
[01:19:47.720 --> 01:19:52.600]  You have said that they can take us to basically they can sue because of a note.
[01:19:52.600 --> 01:19:53.600]  Yes, okay.
[01:19:53.600 --> 01:19:56.000]  Let me explain how this works.
[01:19:56.000 --> 01:20:08.560]  They have a claim against the estate, but in order to secure their note when they give
[01:20:08.560 --> 01:20:16.560]  you a loan against real property, they want to claim against that property as collateral.
[01:20:16.560 --> 01:20:25.760]  If you can get the mortgage portion of the transaction rendered void, then they no longer
[01:20:25.760 --> 01:20:28.160]  have the property as collateral.
[01:20:28.160 --> 01:20:37.120]  Now, they still have a claim against the estate, so they can sue the estate for this amount,
[01:20:37.120 --> 01:20:41.440]  but in the meantime, you can dispose of the property or you can transfer the property
[01:20:41.440 --> 01:20:48.400]  to someone else's name, but now they can come after the estate, but they can't get the property.
[01:20:48.400 --> 01:20:52.720]  Right, but isn't the estate the property?
[01:20:52.720 --> 01:20:59.120]  I thought it was the same under the same category or if the estate is the property or that it's
[01:20:59.120 --> 01:21:00.120] ...
[01:21:00.120 --> 01:21:01.120]  No, no.
[01:21:01.120 --> 01:21:12.200]  The estate is everything that your parents owned, but they don't have a claim yet.
[01:21:12.200 --> 01:21:16.000]  They have to sue and get the claim.
[01:21:16.000 --> 01:21:20.240]  What you did with the mortgage is you confessed a claim against the property.
[01:21:20.240 --> 01:21:27.640]  You granted them a claim against the property on the condition that they abide by the covenants
[01:21:27.640 --> 01:21:35.240]  of the contract, so we're going to say they didn't abide by the covenants of the contract.
[01:21:35.240 --> 01:21:44.600]  They breached covenant 15 and 16, and therefore, they repudiated the contract and can no longer
[01:21:44.600 --> 01:21:51.360]  claim the privilege granted in the contract, which was a claim against the property.
[01:21:51.360 --> 01:21:53.040]  Now that contract's out the window.
[01:21:53.040 --> 01:21:59.200]  The only contract left is the promise to pay, so now they have to come and sue the estate,
[01:21:59.200 --> 01:22:04.240]  get a claim against the estate, and then petition the court for a judgment against property
[01:22:04.240 --> 01:22:10.680]  belonging to the estate, but in the meantime, since there is no claim against the property,
[01:22:10.680 --> 01:22:14.400]  you can liquidate the property.
[01:22:14.400 --> 01:22:16.840]  You can transfer it out of the estate.
[01:22:16.840 --> 01:22:21.760]  The estate, now they can't make a claim against it.
[01:22:21.760 --> 01:22:24.320]  That's where their problem is.
[01:22:24.320 --> 01:22:28.160]  With the mortgage, you can't transfer the estate.
[01:22:28.160 --> 01:22:32.240]  With the mortgage, you can't transfer the property.
[01:22:32.240 --> 01:22:38.360]  You get the mortgage tossed, you can immediately switch the property to somebody else's name,
[01:22:38.360 --> 01:22:41.880]  and these guys are out of luck.
[01:22:41.880 --> 01:22:49.520]  So as long as it's default, the mortgage isn't default, they basically can still take it,
[01:22:49.520 --> 01:22:50.520]  right?
[01:22:50.520 --> 01:22:51.520]  They claim...
[01:22:51.520 --> 01:22:52.520]  No, no.
[01:22:52.520 --> 01:22:58.040]  If you get rid of the mortgage, they cannot take the property.
[01:22:58.040 --> 01:23:01.520]  They cannot touch it.
[01:23:01.520 --> 01:23:04.520]  They don't have a claim against it anymore.
[01:23:04.520 --> 01:23:05.520]  Okay.
[01:23:05.520 --> 01:23:10.120]  Let me back up and do this again.
[01:23:10.120 --> 01:23:17.880]  The mortgage grants a claim against the property.
[01:23:17.880 --> 01:23:21.000]  The note is a promise to pay.
[01:23:21.000 --> 01:23:23.560]  You have a note and a mortgage.
[01:23:23.560 --> 01:23:30.680]  The mortgage is what in a non-judicial state we would call a deed of trust, but in a judicial
[01:23:30.680 --> 01:23:34.360]  state it's called a mortgage document.
[01:23:34.360 --> 01:23:37.920]  So you have the mortgage document, warranty deed, and promise to pay.
[01:23:37.920 --> 01:23:42.040]  You have these three documents.
[01:23:42.040 --> 01:23:48.120]  The lender trades you the warranty deed for a promise to pay, and a claim against the
[01:23:48.120 --> 01:23:51.760]  property is collateral.
[01:23:51.760 --> 01:23:56.280]  On the condition you grant them the property as collateral, on the condition that they
[01:23:56.280 --> 01:24:03.160]  abide by certain covenants, well, they breach the covenants, so now they don't have a claim
[01:24:03.160 --> 01:24:04.800]  against the property.
[01:24:04.800 --> 01:24:09.080]  The property is no longer held as collateral.
[01:24:09.080 --> 01:24:11.080]  Now it's free and clear.
[01:24:11.080 --> 01:24:17.760]  The estate still owes this money, but there's no claim against the property.
[01:24:17.760 --> 01:24:22.720]  So now in order to get a claim against the property, they would have to go to court and
[01:24:22.720 --> 01:24:30.920]  sue on the note, get a claim against the estate, and then petition the court for a judgment
[01:24:30.920 --> 01:24:36.400]  against the property so they could liquidate the property to satisfy the claim.
[01:24:36.400 --> 01:24:40.400]  By getting a mortgage, they don't have to go through those steps.
[01:24:40.400 --> 01:24:47.600]  And by getting a mortgage, you are prevented from liquidating the property.
[01:24:47.600 --> 01:24:52.040]  Once the mortgage is rendered void, there's nothing to prevent you from liquidating the
[01:24:52.040 --> 01:24:56.400]  property and getting it out of the estate.
[01:24:56.400 --> 01:25:01.680]  Once it's out of the estate, they can no longer make a claim against it.
[01:25:01.680 --> 01:25:02.680]  Does that make sense?
[01:25:02.680 --> 01:25:06.760]  Yes, it now does.
[01:25:06.760 --> 01:25:09.440]  So that's the problem they have.
[01:25:09.440 --> 01:25:12.320]  They screwed it up.
[01:25:12.320 --> 01:25:17.400]  And when you go to them for declaratory judgment, you say, okay, guys, you claim that you're
[01:25:17.400 --> 01:25:21.600]  a proper holder and you have a right to enforce the claim against the property.
[01:25:21.600 --> 01:25:23.600]  Prove it up.
[01:25:23.600 --> 01:25:24.600]  Yeah.
[01:25:24.600 --> 01:25:25.600]  That's unfortunate.
[01:25:25.600 --> 01:25:31.480]  They're still going through with the foreclosure as of right now.
[01:25:31.480 --> 01:25:38.440]  That is the one thing they do not want to have to do is prove it up.
[01:25:38.440 --> 01:25:40.600]  Because that's the one thing they can't do.
[01:25:40.600 --> 01:25:44.720]  Well, there's actually two things they can't do.
[01:25:44.720 --> 01:25:49.200]  They can't prove up the amount of the claim against the property either.
[01:25:49.200 --> 01:25:53.680]  They just make up a number.
[01:25:53.680 --> 01:25:57.200]  And I've seen suits where they challenge the number.
[01:25:57.200 --> 01:26:02.440]  What they didn't do is go in with their own number.
[01:26:02.440 --> 01:26:06.600]  I've run an analysis on the note and I calculate what should be owed against it.
[01:26:06.600 --> 01:26:10.720]  And I go in and say, this is the maximum amount that should be owed against the property.
[01:26:10.720 --> 01:26:13.120]  And they're going to say, oh, no, no, no, no, no.
[01:26:13.120 --> 01:26:15.120]  That's not the maximum amount.
[01:26:15.120 --> 01:26:17.280]  This is the maximum amount.
[01:26:17.280 --> 01:26:21.000]  And I say, okay, here are my calculations.
[01:26:21.000 --> 01:26:22.680]  Here's a note.
[01:26:22.680 --> 01:26:26.000]  This is the amount of the original principal.
[01:26:26.000 --> 01:26:30.400]  This is how much the person agreed to pay every month.
[01:26:30.400 --> 01:26:37.280]  And I amortize these two and calculate over this period of time, this is how much principal
[01:26:37.280 --> 01:26:42.640]  would be paid off and leaving this other amount of principal left.
[01:26:42.640 --> 01:26:46.360]  And I can calculate that number to the penny.
[01:26:46.360 --> 01:26:49.280]  And then they're going to say, oh, you owe a whole lot more.
[01:26:49.280 --> 01:26:50.280]  Okay.
[01:26:50.280 --> 01:26:53.880]  Show me how you get your numbers.
[01:26:53.880 --> 01:26:56.520]  And here's the problem they have.
[01:26:56.520 --> 01:27:03.480]  The servicer only has records for as long as it was a servicer.
[01:27:03.480 --> 01:27:07.920]  They don't know what happened before that.
[01:27:07.920 --> 01:27:11.600]  You can say, what about all these overpayments I made?
[01:27:11.600 --> 01:27:12.600]  What overpayments?
[01:27:12.600 --> 01:27:14.280]  We don't know anything about overpayments.
[01:27:14.280 --> 01:27:19.680]  Yeah, that's a problem you got in it, Bubba.
[01:27:19.680 --> 01:27:21.280]  You don't have records.
[01:27:21.280 --> 01:27:23.560]  Yeah, it's pathetic.
[01:27:23.560 --> 01:27:30.320]  I remember when my parents were paying when they were still alive and they said they couldn't
[01:27:30.320 --> 01:27:35.320]  track who they were paying their mortgage to.
[01:27:35.320 --> 01:27:38.320]  It was a huge mess.
[01:27:38.320 --> 01:27:45.520]  Now Aquin is coming forth with this foreclosure and I just know that a lot of things aren't
[01:27:45.520 --> 01:27:46.520]  right there.
[01:27:46.520 --> 01:27:49.040]  I just don't know how to put it in line.
[01:27:49.040 --> 01:27:50.040]  I do.
[01:27:50.040 --> 01:27:52.320]  So we'll talk.
[01:27:52.320 --> 01:27:57.640]  Call me Monday off the air and I'll go through what you need to do.
[01:27:57.640 --> 01:28:01.240]  I finally got some documentation so I can give you an idea what to do.
[01:28:01.240 --> 01:28:02.240]  Okay.
[01:28:02.240 --> 01:28:03.240]  Okay.
[01:28:03.240 --> 01:28:04.240]  Thank you so much.
[01:28:04.240 --> 01:28:05.240]  I think it was some emails I had sent.
[01:28:05.240 --> 01:28:06.240]  I don't know if you were able to look at them.
[01:28:06.240 --> 01:28:09.240]  It was actually a copy of them.
[01:28:09.240 --> 01:28:10.240]  I've got them.
[01:28:10.240 --> 01:28:11.240]  I downloaded all the documents.
[01:28:11.240 --> 01:28:15.840]  Now I've got to go pick up what's at the post office and we can talk Monday and I'll
[01:28:15.840 --> 01:28:18.840]  tell you what I can do.
[01:28:18.840 --> 01:28:19.840]  Okay.
[01:28:19.840 --> 01:28:20.840]  Thank you.
[01:28:20.840 --> 01:28:21.840]  Okay.
[01:28:21.840 --> 01:28:22.840]  Thank you, Carlene.
[01:28:22.840 --> 01:28:23.840]  Okay.
[01:28:23.840 --> 01:28:28.840]  Now we're going to go back to Barrett in, was it Arizona, Nevada?
[01:28:28.840 --> 01:28:29.840]  Arizona.
[01:28:29.840 --> 01:28:30.840]  Hello, Barrett.
[01:28:30.840 --> 01:28:31.840]  Hi.
[01:28:31.840 --> 01:28:32.840]  All right.
[01:28:32.840 --> 01:28:37.840]  I have a question about the magistrate thing.
[01:28:37.840 --> 01:28:40.840]  Much, much better.
[01:28:40.840 --> 01:28:41.840]  Phone.
[01:28:41.840 --> 01:28:42.840]  Okay.
[01:28:42.840 --> 01:28:43.840]  Okay.
[01:28:43.840 --> 01:28:48.840]  I was arrested for not showing ID and they towed my vehicle.
[01:28:48.840 --> 01:28:49.840]  Okay.
[01:28:49.840 --> 01:28:50.840]  Hold on.
[01:28:50.840 --> 01:28:51.840]  Hold on.
[01:28:51.840 --> 01:28:54.840]  They don't take me to a magistrate immediately.
[01:28:54.840 --> 01:29:03.600]  When do I start the clock and how long do they really have to get me to a magistrate
[01:29:03.600 --> 01:29:08.240]  and when do I start the clock so I can get some money back for it?
[01:29:08.240 --> 01:29:09.240]  Okay.
[01:29:09.240 --> 01:29:19.040]  They start the clock immediately if they commit a due process violation, they become trespassers
[01:29:19.040 --> 01:29:20.320]  ab initio.
[01:29:20.320 --> 01:29:23.960]  That means from the beginning.
[01:29:23.960 --> 01:29:35.560]  And under the federal law, primarily Gerstein Pugh and on jurisimprudence.website, I have
[01:29:35.560 --> 01:29:43.560]  a habeas corpus and that habeas corpus tracks due process.
[01:29:43.560 --> 01:29:47.680]  And under the general law, they must take you directly to the nearest magistrate by
[01:29:47.680 --> 01:29:53.320]  the most direct route and officers only defense against a claim for failure to take before
[01:29:53.320 --> 01:29:56.800]  a magistrate showing of due diligence and effort to locate.
[01:29:56.800 --> 01:29:57.800]  Hang on.
[01:29:57.800 --> 01:29:58.800]  Going to break.
[01:29:58.800 --> 01:29:59.800]  Be right back.
[01:29:59.800 --> 01:30:06.480]  Would you spend the entire day watching store surveillance videos if you didn't have to?
[01:30:06.480 --> 01:30:11.160]  I didn't think so, but some people apparently would and they'll even pay for the privilege.
[01:30:11.160 --> 01:30:17.120]  I'm Dr. Catherine Albrecht and I'll be right back to tell you about video voyeurs.
[01:30:17.120 --> 01:30:18.720]  Privacy is under attack.
[01:30:18.720 --> 01:30:22.320]  When you give up data about yourself, you'll never get it back again.
[01:30:22.320 --> 01:30:27.080]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.080 --> 01:30:32.160]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:32.160 --> 01:30:34.840]  Privacy, it's worth hanging on to.
[01:30:34.840 --> 01:30:39.120]  This public service announcement is brought to you by Startpage.com, the private search
[01:30:39.120 --> 01:30:42.680]  engine alternative to Google, Yahoo and Bing.
[01:30:42.680 --> 01:30:44.480]  Start over with Startpage.
[01:30:44.480 --> 01:30:50.960]  Imagine sitting in the corner of a store watching people buy the same products day after boring
[01:30:50.960 --> 01:30:51.960]  day.
[01:30:51.960 --> 01:30:56.800]  That's the life of the average security camera, yawn, but a British company called Internet
[01:30:56.800 --> 01:30:59.880]  Eyes gets people to pay to watch these video streams.
[01:30:59.880 --> 01:31:05.200]  They pay around 20 bucks, then members log on to watch UK stores and streets for criminal
[01:31:05.200 --> 01:31:09.760]  activity hoping to win a monthly prize for being the most eagle-eyed.
[01:31:09.760 --> 01:31:13.920]  The plan is revolting, but it really went sour when members started posting YouTube
[01:31:13.920 --> 01:31:16.080]  videos of the unsuspecting shoppers.
[01:31:16.080 --> 01:31:20.400]  It's what you'd expect from the sort of person who enjoys watching surveillance cameras in
[01:31:20.400 --> 01:31:21.640]  the first place.
[01:31:21.640 --> 01:31:23.440]  Some people really need to get a life.
[01:31:23.440 --> 01:31:30.600]  I'm Dr. Catherine Albrecht, 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 --> 01:31:41.360]  The government says that fire brought it down, however, 1,500 architects and engineers concluded
[01:31:41.360 --> 01:31:43.000]  it was a controlled demolition.
[01:31:43.000 --> 01:31:45.800]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.800 --> 01:31:48.440]  Thousands of my fellow first responders are dying.
[01:31:48.440 --> 01:31:49.760]  I'm not a conspiracy theorist.
[01:31:49.760 --> 01:31:50.760]  I'm a structural engineer.
[01:31:50.760 --> 01:31:52.280]  I'm a New York City correction officer.
[01:31:52.280 --> 01:31:53.280]  I'm an Air Force pilot.
[01:31:53.280 --> 01:31:54.960]  I'm a father who lost his son.
[01:31:54.960 --> 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 --> 01:32:02.800]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:02.800 --> 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 --> 01:32:20.960]  you with little to no out-of-pocket expense.
[01:32:20.960 --> 01:32:25.220]  When we accept Bitcoin as a multi-year A-plus member of the Better Business Bureau with
[01:32:25.220 --> 01:32:29.840]  zero complaints, you can trust Hill Country Home Improvements to handle your claim and
[01:32:29.840 --> 01:32:31.980]  your roof right the first time.
[01:32:31.980 --> 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 --> 01:32:45.280]  and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.280 --> 01:32:50.400]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:50.400 --> 01:32:56.800]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.800 --> 01:32:58.320]  Discounts are based on full roof replacement.
[01:32:58.320 --> 01:33:00.920]  You may not actually be kidding about chemtrails.
[01:33:00.920 --> 01:33:04.040]  Looking for some truth?
[01:33:04.040 --> 01:33:07.720]  You found it, logosradionetwork.com.
[01:33:07.720 --> 01:33:14.960]  Okay, we are back.
[01:33:14.960 --> 01:33:26.160]  Randy Kelton, Root of the Radio, and we're talking to Barrett in Arizona.
[01:33:26.160 --> 01:33:29.600]  Okay, here's the deal.
[01:33:29.600 --> 01:33:35.960]  An officer, if he arrests without an existing warrant, or even if he arrests on an existing
[01:33:35.960 --> 01:33:42.160]  warrant, he is required to take the person arrested directly to the nearest magistrate
[01:33:42.160 --> 01:33:45.000]  by the most direct route.
[01:33:45.000 --> 01:33:55.400]  The courts have ruled, if the officer gets a person before a magistrate within 48 hours,
[01:33:55.400 --> 01:34:01.400]  their presumption is that the taking was timely.
[01:34:01.400 --> 01:34:06.380]  And all that does is goes to presumption.
[01:34:06.380 --> 01:34:14.000]  So if they get you to a magistrate within 48 hours, in order to establish a failure
[01:34:14.000 --> 01:34:22.240]  to timely take, you would have to show that a magistrate was in fact available.
[01:34:22.240 --> 01:34:26.040]  If they get you there before 48 hours, they don't have to show that one was available
[01:34:26.040 --> 01:34:28.380]  unless you raise the issue.
[01:34:28.380 --> 01:34:35.160]  If you show that one was available, then the presumption goes back to the taking was not
[01:34:35.160 --> 01:34:36.960]  timely.
[01:34:36.960 --> 01:34:37.960]  Does that make sense?
[01:34:37.960 --> 01:34:40.360]  Prove that there was somebody available.
[01:34:40.360 --> 01:34:42.760]  That's easy enough.
[01:34:42.760 --> 01:34:46.040]  If it was during the week.
[01:34:46.040 --> 01:34:49.160]  In Texas, you're required to take you to the nearest magistrate.
[01:34:49.160 --> 01:34:54.440]  If a magistrate is not available, then they are to take you to the nearest county where
[01:34:54.440 --> 01:34:56.320]  one is available.
[01:34:56.320 --> 01:35:04.200]  So the first thing I ask them if I get arrested is I put in an information request and ask
[01:35:04.200 --> 01:35:10.800]  the police department for a list of all magistrates in the county and all magistrates in all surrounding
[01:35:10.800 --> 01:35:12.720]  counties.
[01:35:12.720 --> 01:35:18.520]  And they always send me back the same answer saying we have no such list and we're not
[01:35:18.520 --> 01:35:21.240]  required to create that list.
[01:35:21.240 --> 01:35:24.000]  Oh, wonderful.
[01:35:24.000 --> 01:35:33.160]  So that's admission that they not only made no due diligence effort to locate a magistrate,
[01:35:33.160 --> 01:35:38.000]  they don't even know who they are.
[01:35:38.000 --> 01:35:41.920]  So that's the first thing I do.
[01:35:41.920 --> 01:35:55.480]  The next, if they make the arrest and then they violate a law in the process of incarcerating
[01:35:55.480 --> 01:35:59.240]  you after they arrest you, if they violate law, they don't take you directly to the
[01:35:59.240 --> 01:36:01.280]  nearest magistrate.
[01:36:01.280 --> 01:36:04.800]  And they've denied you the full free access to or enjoyment of a right.
[01:36:04.800 --> 01:36:07.520]  Now they become a trespasser having issue.
[01:36:07.520 --> 01:36:13.840]  And I can't speak precisely to Arizona law, but I can speak to Texas law and Texas law
[01:36:13.840 --> 01:36:21.320]  says that the arresting officer is responsible and he may not pass that duty off to someone
[01:36:21.320 --> 01:36:22.320]  else.
[01:36:22.320 --> 01:36:23.320]  Okay.
[01:36:23.320 --> 01:36:31.280]  He can pass the duty off to someone else, but he is still responsible if they say the
[01:36:31.280 --> 01:36:35.640]  jailer fails to perform the duty.
[01:36:35.640 --> 01:36:42.640]  So you keep the arresting officer on the hook, then they give you to a jailer.
[01:36:42.640 --> 01:36:49.000]  If the jailer doesn't take you directly to the nearest magistrate, now he's on the hook.
[01:36:49.000 --> 01:36:54.200]  Everybody, this is my tar baby, everybody sticks to it.
[01:36:54.200 --> 01:36:57.360]  So what's going to happen if you raise an issue here?
[01:36:57.360 --> 01:37:03.680]  And from my perspective, the first issue to raise is not a suit.
[01:37:03.680 --> 01:37:10.680]  The first issue to raise is official oppression or official misconduct.
[01:37:10.680 --> 01:37:14.080]  Are the crimes committed against you?
[01:37:14.080 --> 01:37:16.880]  They're criminal.
[01:37:16.880 --> 01:37:25.320]  So when you raise the criminal aspect, then you go to that magistrate, they should have
[01:37:25.320 --> 01:37:35.040]  brought you to and you prepare a verified criminal affidavit, accusing the officer of
[01:37:35.040 --> 01:37:40.400]  official misconduct for failure to timely take you before a magistrate.
[01:37:40.400 --> 01:37:47.560]  I don't know about Arizona, but in Texas, false imprisonment is not the crime.
[01:37:47.560 --> 01:37:51.000]  False imprisonment is the cause of action.
[01:37:51.000 --> 01:37:54.780]  The crime is kidnapping.
[01:37:54.780 --> 01:38:01.200]  So you charge the officer with kidnapping and with official misconduct, and you give
[01:38:01.200 --> 01:38:06.680]  that to the magistrate and the magistrate is going to refuse to take it.
[01:38:06.680 --> 01:38:11.080]  All judges are magistrates.
[01:38:11.080 --> 01:38:14.080]  This works even if you have a warrant?
[01:38:14.080 --> 01:38:17.080]  Wait, say that again.
[01:38:17.080 --> 01:38:21.680]  So this would work even if you had a warrant out for say a traffic thing or something.
[01:38:21.680 --> 01:38:25.000]  Oh yeah, they're supposed to take you before a magistrate anyway.
[01:38:25.000 --> 01:38:26.000]  Here's the deal.
[01:38:26.000 --> 01:38:35.880]  If there was a warrant issued, the warrant was issued ex parte, they had a hearing and
[01:38:35.880 --> 01:38:37.440]  a warrant was issued.
[01:38:37.440 --> 01:38:46.200]  Somebody gave evidence to the judge that gave him probable cause to issue the warrant, but
[01:38:46.200 --> 01:38:53.120]  you weren't there to rebut because if you were there, the warrant would never be issued.
[01:38:53.120 --> 01:38:59.560]  And if you get the warrant and read it, I guarantee you what it's going to say.
[01:38:59.560 --> 01:39:05.640]  Arrest this person and bring him before me.
[01:39:05.640 --> 01:39:11.420]  If I'm not available, you can take him to any other magistrate in the county.
[01:39:11.420 --> 01:39:16.240]  But this magistrate issued the warrant ex parte.
[01:39:16.240 --> 01:39:21.640]  So now they need to bring him back, bring you back before that magistrate so he can
[01:39:21.640 --> 01:39:27.240]  give you opportunity to exercise your rights concerning the issuance of the warrant and
[01:39:27.240 --> 01:39:33.440]  make a proper determination of probable cause with both parties present.
[01:39:33.440 --> 01:39:36.960]  But they don't do that.
[01:39:36.960 --> 01:39:43.720]  And that's been in law since 1216 AD.
[01:39:43.720 --> 01:39:48.040]  When the Dukes drug King John down to the River Thames and threatened to cut his head
[01:39:48.040 --> 01:39:52.600]  off if he didn't sign the Magna Carta like he had agreed to before the Dukes kicked the
[01:39:52.600 --> 01:39:56.800]  French out of England.
[01:39:56.800 --> 01:40:00.160]  So it's been in law since 1216.
[01:40:00.160 --> 01:40:04.280]  It's not like it's new guys.
[01:40:04.280 --> 01:40:10.680]  So you take the complaints to the magistrate that they didn't claim that they didn't take
[01:40:10.680 --> 01:40:18.400]  you directly to that magistrate and file criminal complaints against the police officer, kidnapping
[01:40:18.400 --> 01:40:25.080]  and official misconduct.
[01:40:25.080 --> 01:40:32.040]  Say what the jailer to the, now I was getting to that, then you filed against the jailer
[01:40:32.040 --> 01:40:37.960]  for acting in concert and collusion, Fisher misconduct, kidnapping.
[01:40:37.960 --> 01:40:42.240]  If there was a magistrate at the jail, did they take you before a magistrate at the jail
[01:40:42.240 --> 01:40:43.240]  that set bail?
[01:40:43.240 --> 01:40:51.560]  Well, no, I'm just, they've, I've been arrested a whole bunch of times for just small traffic
[01:40:51.560 --> 01:40:55.360]  stuff and failure to appear and you know, stuff like that.
[01:40:55.360 --> 01:40:56.360]  Okay.
[01:40:56.360 --> 01:41:01.880]  When they arrest you, they take you to jail, do they take you to a magistrate at the jail?
[01:41:01.880 --> 01:41:05.240]  I have never been taken to a magistrate at the jail ever.
[01:41:05.240 --> 01:41:10.760]  I've always had to wait till Monday or, or they have a weekend magistrate where they'll
[01:41:10.760 --> 01:41:14.480]  release people on the cognance or whatever.
[01:41:14.480 --> 01:41:22.840]  Okay, let's, let's talk about that magistrate when you first go before the magistrate, is
[01:41:22.840 --> 01:41:24.960]  there a prosecutor present?
[01:41:24.960 --> 01:41:29.320]  Well, that would be like a rain man or something.
[01:41:29.320 --> 01:41:30.320]  My first appearance.
[01:41:30.320 --> 01:41:38.320]  No, no, no, no, no, this is before a magistrate, not a judge.
[01:41:38.320 --> 01:41:41.960]  So if they arrest you, I thought that they were the same thing.
[01:41:41.960 --> 01:41:42.960]  I thought judges.
[01:41:42.960 --> 01:41:43.960]  No, no, no, no.
[01:41:43.960 --> 01:41:44.960]  Listen carefully.
[01:41:44.960 --> 01:41:50.240]  There's not the same thing in Texas.
[01:41:50.240 --> 01:41:56.280]  Most of the laws are relatively consistent in Texas.
[01:41:56.280 --> 01:42:01.600]  An arraignment is described in chapter 26 code of criminal procedure.
[01:42:01.600 --> 01:42:10.200]  It says in every case of a felony or a misdemeanor punishable by imprisonment, there may be an
[01:42:10.200 --> 01:42:12.920]  arraignment.
[01:42:12.920 --> 01:42:17.840]  An arraignment is a hearing for the purpose of determining the identity of the accused
[01:42:17.840 --> 01:42:25.800]  and taking a plea, but the only time they can hold an arraignment is in a felony or
[01:42:25.800 --> 01:42:35.440]  misdemeanor punishable by imprisonment, not a class C misdemeanor check Arizona law.
[01:42:35.440 --> 01:42:43.920]  I know what they do, but understand in every state I've looked at every step from arrest
[01:42:43.920 --> 01:42:51.000]  to trial is presently practiced, not only wrong, it is very specifically against particular
[01:42:51.000 --> 01:42:55.840]  law and it's not just against particular law.
[01:42:55.840 --> 01:43:01.480]  It's against particular law for a very specific reason.
[01:43:01.480 --> 01:43:07.040]  Every step is carefully crafted to ensure that any person accused of crime will have
[01:43:07.040 --> 01:43:12.600]  no reasonable alternative to taking a deal.
[01:43:12.600 --> 01:43:17.880]  And that's why the average conviction rate in every place I've looked is on the order
[01:43:17.880 --> 01:43:22.120]  of 99.6%.
[01:43:22.120 --> 01:43:29.800]  That's precisely what it is in Texas, worst police state the world has ever seen.
[01:43:29.800 --> 01:43:32.280]  My far.
[01:43:32.280 --> 01:43:36.560]  Washington is pretty bad too, Washington state, that's pretty bad.
[01:43:36.560 --> 01:43:40.080]  Every state I've been to, it's almost identical what they do.
[01:43:40.080 --> 01:43:48.920]  So we do what I call working the routine on them, we take a set of complaints to the magistrate
[01:43:48.920 --> 01:43:53.960]  and he says I have to go to break, hang on, about to go to break, Brandon Kelton, Rue
[01:43:53.960 --> 01:44:00.720]  of Law radio, we'll be right back.
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[01:46:23.360 --> 01:46:25.360]  Okay, we are back.
[01:46:25.360 --> 01:46:30.360]  We're in Kelton with our radio and we're talking to Barrett in Arizona.
[01:46:30.360 --> 01:46:32.360]  Okay, Barrett.
[01:46:32.360 --> 01:46:41.360]  Arizona Revised Statutes, Rules of Criminal Procedure, Rule 4.
[01:46:41.360 --> 01:46:43.360]  Timeliness of appearance before a magistrate.
[01:46:43.360 --> 01:46:48.360]  A person arrested shall be taken before a magistrate without unnecessary delay.
[01:46:48.360 --> 01:46:54.360]  If a person is not brought before a magistrate within 24 hours after arrest, he or she shall
[01:46:54.360 --> 01:46:57.360]  immediately be released.
[01:46:57.360 --> 01:47:01.360]  On arrest without a warrant, a person arrested without a warrant shall be taken before the
[01:47:01.360 --> 01:47:07.360]  nearest magistrate or most successful magistrate in the county of the arrest whereupon a complaint,
[01:47:07.360 --> 01:47:11.360]  if one has not already been filed, shall promptly be prepared and filed.
[01:47:11.360 --> 01:47:17.360]  If a complaint is not filed within 48 hours from the time of the initial appearance before
[01:47:17.360 --> 01:47:22.360]  the magistrate, the defendant shall be released from jail and the preliminary hearing date,
[01:47:22.360 --> 01:47:27.360]  if any, shall be vacated.
[01:47:27.360 --> 01:47:38.360]  Okay, what I was looking for is what in Arizona constitutes your rights at an examining trial.
[01:47:38.360 --> 01:47:42.360]  I haven't found that one yet.
[01:47:42.360 --> 01:47:50.360]  So, how does that sound compared to the arrests that you've had, Barrett?
[01:47:50.360 --> 01:47:58.360]  Oh, well, a lot of times when I was arrested, say on a Friday or Saturday even, most of
[01:47:58.360 --> 01:48:05.360]  the time I wouldn't see a judge until Monday and I was just wondering, I guess the clock
[01:48:05.360 --> 01:48:15.360]  doesn't start, well, it starts immediately, technically, but I would file against the
[01:48:15.360 --> 01:48:21.360]  cop first and I would go to the city hall and file against the cop and then also for
[01:48:21.360 --> 01:48:27.360]  the cop and then, well, I don't know, the city.
[01:48:27.360 --> 01:48:29.360]  The city, you want to file against the city.
[01:48:29.360 --> 01:48:31.360]  That's the one with deep pockets.
[01:48:31.360 --> 01:48:35.360]  They're going to give the cop qualified immunity.
[01:48:35.360 --> 01:48:42.360]  But there's one time when cities waive their sovereign immunity.
[01:48:42.360 --> 01:48:45.360]  That's false imprisonment.
[01:48:45.360 --> 01:48:48.360]  So, they're not immune from a suit for false imprisonment.
[01:48:48.360 --> 01:48:57.360]  So, I wouldn't even bother suing the cop, suing the city because if this is an ongoing
[01:48:57.360 --> 01:49:05.360]  chronic issue, then it must be presumed that the police officer is following policy and
[01:49:05.360 --> 01:49:12.360]  thereby he can claim good faith reliance on competent authority.
[01:49:12.360 --> 01:49:18.360]  It's the competent authority that is the problem, which is the city, so he sued the mayor.
[01:49:18.360 --> 01:49:22.360]  And we've got Olivier in Tennessee.
[01:49:22.360 --> 01:49:30.360]  He has been working these guys over for just exactly this issue.
[01:49:30.360 --> 01:49:36.360]  Well, I wouldn't know how much to ask for in a suit, like five grand or ten.
[01:49:36.360 --> 01:49:38.360]  No, no, no, just do, okay.
[01:49:38.360 --> 01:49:44.360]  There's a Travizant case that most everybody uses out of Florida.
[01:49:44.360 --> 01:49:51.360]  He was held for 20 minutes and I think they gave him 66,000.
[01:49:51.360 --> 01:49:59.360]  Whatever it was, it came out to like $20,000 a minute or $20,000 an hour.
[01:49:59.360 --> 01:50:04.360]  But just do a search on the internet for false imprisonment.
[01:50:04.360 --> 01:50:09.360]  Do false imprisonment case law and you'll find some claims and you can see what claims were made
[01:50:09.360 --> 01:50:11.360]  and what were granted.
[01:50:11.360 --> 01:50:12.360]  For Arizona?
[01:50:12.360 --> 01:50:13.360]  Yeah.
[01:50:13.360 --> 01:50:17.360]  Yeah, just do false imprisonment Arizona and you'll get hits on cases.
[01:50:17.360 --> 01:50:19.360]  And you look through the cases.
[01:50:19.360 --> 01:50:23.360]  You look through two or three of them and then you'll understand all the elements
[01:50:23.360 --> 01:50:26.360]  because they'll be pretty much the same on all of them.
[01:50:26.360 --> 01:50:32.360]  It'll tell you how to prepare the charge, what case law they're using.
[01:50:32.360 --> 01:50:38.360]  You've got lawyers who specialize in these different things.
[01:50:38.360 --> 01:50:46.360]  And 50% of all of the work lawyers get tends to be referrals from other lawyers.
[01:50:46.360 --> 01:50:50.360]  So they want other lawyers to know what they're good at.
[01:50:50.360 --> 01:50:57.360]  So they prepare their best pleadings and briefs and they post them on the internet.
[01:50:57.360 --> 01:50:59.360]  And you can find these.
[01:50:59.360 --> 01:51:04.360]  I don't even bother with LexisNexis anymore, Lexis or Westlaw.
[01:51:04.360 --> 01:51:06.360]  It's a waste of time.
[01:51:06.360 --> 01:51:09.360]  I do a lot better with Google.
[01:51:09.360 --> 01:51:10.360]  With what?
[01:51:10.360 --> 01:51:11.360]  With Google.
[01:51:11.360 --> 01:51:14.360]  I just Google whatever the issue is.
[01:51:14.360 --> 01:51:18.360]  If I want to do Arizona, like I've got it up right now,
[01:51:18.360 --> 01:51:31.360]  I'll do Arizona Examining Trial Case Law.
[01:51:31.360 --> 01:51:37.360]  And I got State v. Jensen, State v. Schultz, State v. Draper,
[01:51:37.360 --> 01:51:41.360]  Criminal Defense Motions Practice for Criminal Justice,
[01:51:41.360 --> 01:51:45.360]  steps in a mock trial, let's see.
[01:51:45.360 --> 01:51:50.360]  You get all of these lawyers posting their best stuff
[01:51:50.360 --> 01:51:52.360]  because they want other lawyers to see it.
[01:51:52.360 --> 01:51:56.360]  And then when they need this specialty, they call this guy.
[01:51:56.360 --> 01:51:59.360]  So you find all this good stuff in here.
[01:51:59.360 --> 01:52:02.360]  I tell people if you're writing legal pleadings
[01:52:02.360 --> 01:52:10.360]  and you're doing more than just changing lead-outs and lead-ins and changing case intents,
[01:52:10.360 --> 01:52:14.360]  then you're not doing enough research.
[01:52:14.360 --> 01:52:21.360]  If you do enough research, 90% of all your legal writing will be plagiarism.
[01:52:21.360 --> 01:52:24.360]  You don't want to write this stuff yourself.
[01:52:24.360 --> 01:52:30.360]  You want to get a court decision like State v. Draper
[01:52:30.360 --> 01:52:39.360]  and copy your claims from the court order.
[01:52:39.360 --> 01:52:43.360]  And when the court reads it, they'll recognize the style
[01:52:43.360 --> 01:52:47.360]  and structure of the writing and they'll know what you've done.
[01:52:47.360 --> 01:52:50.360]  But you plagiarize this, you cut this out of a court order,
[01:52:50.360 --> 01:52:54.360]  and that gives it cretins.
[01:52:54.360 --> 01:52:58.360]  Plagiarize, what do you mean by that?
[01:52:58.360 --> 01:53:05.360]  Well, find other court cases where the judges have made rulings on your issue
[01:53:05.360 --> 01:53:17.360]  and grab that ruling and drop it in your suit in support of your claim.
[01:53:17.360 --> 01:53:20.360]  Don't write out all these claims yourself.
[01:53:20.360 --> 01:53:25.360]  Look at these suits these other guys filed and take their stuff and use it.
[01:53:25.360 --> 01:53:29.360]  All you got to do is make slight adjustments so it meets your case.
[01:53:29.360 --> 01:53:31.360]  Right, right.
[01:53:31.360 --> 01:53:35.360]  So somebody could, you know, just for getting arrested for a weekend
[01:53:35.360 --> 01:53:37.360]  or even just for several hours, you know,
[01:53:37.360 --> 01:53:40.360]  you could put like a little down payment on a house or something, right?
[01:53:40.360 --> 01:53:44.360]  Oh, yeah, it's hard to win these cases.
[01:53:44.360 --> 01:53:48.360]  But once you do it two or three times, you'll get the feel for it
[01:53:48.360 --> 01:53:55.360]  and most likely bring them to the table and get them to make you a deal.
[01:53:55.360 --> 01:54:02.360]  Oh, okay. Oh, and can I hear this program on the Internet say tomorrow
[01:54:02.360 --> 01:54:04.360]  or the next day or the next day?
[01:54:04.360 --> 01:54:09.360]  Oh, yeah, just go to Rule of Law Radio or Logos Radio Network,
[01:54:09.360 --> 01:54:12.360]  and you can pull our archives.
[01:54:12.360 --> 01:54:17.360]  Have you pretty much given me all the information I need if I re-listen to it?
[01:54:17.360 --> 01:54:20.360]  No. Oh, no, no.
[01:54:20.360 --> 01:54:24.360]  There's a lot more information.
[01:54:24.360 --> 01:54:28.360]  But I've given you what you need to start.
[01:54:28.360 --> 01:54:33.360]  I could spend four hours feeding you with a fire hose.
[01:54:33.360 --> 01:54:34.360]  Right, right.
[01:54:34.360 --> 01:54:37.360]  But you wouldn't be able to absorb it.
[01:54:37.360 --> 01:54:40.360]  When are you guys on the next time? When are you guys on the next?
[01:54:40.360 --> 01:54:46.360]  I'm on every Thursday and Friday nights, 8 o'clock to 10 o'clock Thursday,
[01:54:46.360 --> 01:54:51.360]  8 to midnight Friday Central Time.
[01:54:51.360 --> 01:54:55.360]  Okay, all right. Thank you for the information.
[01:54:55.360 --> 01:55:00.360]  You can go to Logos Radio Network and pull all our archives.
[01:55:00.360 --> 01:55:05.360]  All our archives are free. You can listen to our back shows.
[01:55:05.360 --> 01:55:08.360]  I go over this quite a bit.
[01:55:08.360 --> 01:55:13.360]  I haven't lately, but I just haven't had questions on it,
[01:55:13.360 --> 01:55:16.360]  but I do like to go over this as often as I can.
[01:55:16.360 --> 01:55:23.360]  You'll hear Olivier and what he's doing. He is kicking behind on exactly the same issues.
[01:55:23.360 --> 01:55:26.360]  I plan on trying to do that.
[01:55:26.360 --> 01:55:29.360]  Okay. All right. Well, thanks, guys.
[01:55:29.360 --> 01:55:33.360]  Okay. Thank you, Barrett. Now we're going to go to David in South Dakota.
[01:55:33.360 --> 01:55:35.360]  Hello, David.
[01:55:35.360 --> 01:55:37.360]  Hello, Randy. Can you hear me fine?
[01:55:37.360 --> 01:55:39.360]  Yes, I can.
[01:55:39.360 --> 01:55:44.360]  All right. I have just a little bit here to discuss.
[01:55:44.360 --> 01:55:50.360]  Do you know the situation in Texas where all the early polls are coming out?
[01:55:50.360 --> 01:55:55.360]  If you vote a straight ticket, they don't record your vote for president?
[01:55:55.360 --> 01:55:57.360]  Yes.
[01:55:57.360 --> 01:56:05.360]  Follow that? Anyway, I think the governor down there has got clean hands.
[01:56:05.360 --> 01:56:12.360]  Harmon sent me an email today, and that's what he basically conveyed to me.
[01:56:12.360 --> 01:56:15.360]  But that's not the reason for my call.
[01:56:15.360 --> 01:56:19.360]  Randy, let's assume that you were one of those people that stood in line.
[01:56:19.360 --> 01:56:23.360]  They say two in 300 people are some of the polls to early vote,
[01:56:23.360 --> 01:56:27.360]  and you, at your age, were standing that line.
[01:56:27.360 --> 01:56:34.360]  And you discovered that you voted a straight blue ticket, excuse me, a red ticket,
[01:56:34.360 --> 01:56:41.360]  and that they, in fact, did not record the vote for president.
[01:56:41.360 --> 01:56:51.360]  What kind of remedy would you have, either to start off with,
[01:56:51.360 --> 01:56:55.360]  assume it happened to you and it got under your collar?
[01:56:55.360 --> 01:57:06.360]  Well, this is difficult, because how would I prove that they didn't count my vote?
[01:57:06.360 --> 01:57:13.360]  I have accusations that it's not counting the vote for president, but how would I prove that?
[01:57:13.360 --> 01:57:20.360]  Can you ask for a copy of the result when it comes out of the machine?
[01:57:20.360 --> 01:57:31.360]  This is what this guy Ingram was trying to, he was passing rules so that they had a waiver
[01:57:31.360 --> 01:57:35.360]  and wouldn't have to create those printouts.
[01:57:35.360 --> 01:57:37.360]  Paper printouts.
[01:57:37.360 --> 01:57:41.360]  Yeah, they're trying to, he's trying to get it so there's no way to verify.
[01:57:41.360 --> 01:57:45.360]  What's this? I'm looking in my notes for this guy's name.
[01:57:45.360 --> 01:57:48.360]  Keith Ingram.
[01:57:48.360 --> 01:57:57.360]  Yeah, he's in charge of the Secretary of State in Texas, in the same office, and he's in charge of voting.
[01:57:57.360 --> 01:58:09.360]  What would probably just off the top of my head be the best approach would be a private attorney general suit against Keith Ingram.
[01:58:09.360 --> 01:58:18.360]  Or against the Greg Abbott as respondee at Superior for Keith Ingram.
[01:58:18.360 --> 01:58:24.360]  You'd want to pull Abbott in even though you believe he was...
[01:58:24.360 --> 01:58:28.360]  Oh, he's respondee at Superior.
[01:58:28.360 --> 01:58:30.360]  He's Superior for Ingram, isn't he?
[01:58:30.360 --> 01:58:33.360]  Yeah, Ingram don't work for me.
[01:58:33.360 --> 01:58:41.360]  I didn't hire him and I didn't train him and I didn't direct him in his performance of his duty, Greg Abbott did that.
[01:58:41.360 --> 01:58:50.360]  Hang on, about to go to break, Randy Kelton, Wheel of Law Radio, we'll be right back.
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[01:59:50.360 --> 02:00:18.360]  You are listening to the Logos Radio Network, logosradionetwork.com.