[00:00.000 --> 00:09.680]  Thousands of Wisconsin state workers faced layoff notice this Friday as Governor Scott
[00:09.680 --> 00:15.560]  Walker and absent Democratic lawmakers faced off over a bill that would seriously reduce
[00:15.560 --> 00:18.640]  public workers' collective bargaining rights.
[00:18.640 --> 00:24.200]  Walker threatened to fire 1,500 workers if at least one of the 14 Senate Democrats doesn't
[00:24.200 --> 00:29.080]  return from Illinois to give the Republican majority the quorum it needs to vote on the
[00:29.080 --> 00:31.240]  bill.
[00:31.240 --> 00:35.440]  Lawyers representing the WikiLeaks founder Julian Assange have filed papers to appeal
[00:35.440 --> 00:41.320]  against his extradition from Britain to Sweden to face allegations of rape and sexual assault.
[00:41.320 --> 00:47.720]  Assange faces being sent to Sweden within 10 days if his appeal is unsuccessful.
[00:47.720 --> 00:52.960]  A new study by the Stockholm International Peace Research Institute has found the world's
[00:52.960 --> 00:59.320]  top arms manufacturers remain deeply entrenched in the U.S. and Western Europe.
[00:59.320 --> 01:05.320]  Weapons manufacturers in India, Israel, Japan, Turkey, Singapore, and South Korea are seeking
[01:05.320 --> 01:11.840]  to partner with the U.S. or European companies, quote, in order to springboard into more sophisticated
[01:11.840 --> 01:13.960]  technologies.
[01:13.960 --> 01:19.000]  Fresh protests erupted Friday against Muammar Gaddafi in Libya's capital Tripoli.
[01:19.000 --> 01:23.320]  Worshippers streamed out of a mosque in the city center chanting, Gaddafi is the enemy
[01:23.320 --> 01:24.320]  of God.
[01:24.320 --> 01:29.000]  Several hundred demonstrators in Tajoura, east of the capital, tore down posters of
[01:29.000 --> 01:35.920]  a Libyan leader and spray-painted walls with graffiti reading, Down with Gaddafi.
[01:35.920 --> 01:42.600]  Tim DeChristopher, an environmental activist who made $1.8 million worth of false oil and
[01:42.600 --> 01:48.720]  gas drilling bids at a federal auction, canceling the auction and preventing land near Utah's
[01:48.720 --> 01:53.800]  arches and canyon national parks from being drilled, was convicted Thursday.
[01:53.800 --> 01:59.640]  DeChristopher faces up to 10 years in prison and a $750,000 fine.
[01:59.640 --> 02:06.720]  In 2008, the Bureau of Land Management held an oil and gas lease auction of 150,000 acres
[02:06.720 --> 02:07.720]  of land.
[02:07.720 --> 02:12.160]  DeChristopher, who infiltrated the auction, at first planned to run up the price, but
[02:12.160 --> 02:17.120]  when that failed to deter buyers, he began buying parcels himself.
[02:17.120 --> 02:21.800]  DeChristopher offered to cover the cost after a successful fundraising campaign, but the
[02:21.800 --> 02:23.880]  government refused to accept the money.
[02:23.880 --> 02:29.520]  A federal judge later halted the land sales, deeming them illegal, and the Obama administration
[02:29.520 --> 02:32.160]  later voided most of the leases.
[02:32.160 --> 02:36.200]  Here's DeChristopher speaking to a crowd of supporters outside the courthouse.
[02:36.200 --> 02:43.280]  Everything that went on inside that building tried to convince me that I was alone and
[02:43.280 --> 02:47.760]  that I was weak, they tried to convince me that I was like a little finger out there
[02:47.760 --> 02:50.800]  on my own that could easily be broken.
[02:50.800 --> 02:56.160]  And all of you out here is a reminder for all of us that I wasn't just a finger all
[02:56.160 --> 03:01.440]  alone in there, but that I was connected to a hand with many fingers that could unite
[03:01.440 --> 03:22.320]  as one thing.
[03:31.440 --> 03:51.680]  Okay, folks, we are back.
[03:51.680 --> 03:58.800]  We're at the midway point of our four-hour info marathon here on Friday, March 4th.
[03:58.800 --> 04:04.080]  Okay, Brian, quickly so that we can get to the other callers.
[04:04.080 --> 04:05.080]  Okay.
[04:05.080 --> 04:11.920]  One, I just wanted to say that the thing that really threw me off was the judge asked me
[04:11.920 --> 04:15.760]  to explain my motions without talking about the content inside of them.
[04:15.760 --> 04:23.120]  So if that gives anyone else, I don't know, hints or anything in, there's that.
[04:23.120 --> 04:24.120]  And then another thing...
[04:24.120 --> 04:28.080]  Yes, that's what I go to when I tell you that the judge wants you to make oral arguments
[04:28.080 --> 04:30.520]  so he can disregard the written motion.
[04:30.520 --> 04:36.560]  Yeah, and you tell the judge, absolutely not.
[04:36.560 --> 04:41.920]  Read the motion, rule on everything in the motion, or stand down from the bench and get
[04:41.920 --> 04:46.960]  a competent jurist that's prepared to perform his duty.
[04:46.960 --> 04:49.320]  All right.
[04:49.320 --> 04:54.160]  And then one other thing for my false imprisonment case, I have a video up on YouTube called
[04:54.160 --> 04:58.320]  Maplewood Police 1 through 9, if anyone wants like...
[04:58.320 --> 05:02.320]  It's kind of long, like an hour and a half or so, but if you're looking for some good
[05:02.320 --> 05:04.800]  false imprisonment entertainment, I'm trying to get the numbers up.
[05:04.800 --> 05:10.400]  So if people want to please check that out so I can expose these police and their corruption.
[05:10.400 --> 05:17.360]  And then also, and then I'll take your answer off the air for this, for the ministerial
[05:17.360 --> 05:23.120]  duty stuff, is that found in the case law and what cases in specific?
[05:23.120 --> 05:27.280]  Are there any particular ones or is that within the statute?
[05:27.280 --> 05:28.280]  That will be...
[05:28.280 --> 05:35.680]  Well, you look at the code of criminal, at your criminal procedure code for Minnesota.
[05:35.680 --> 05:42.720]  The criminal procedure code for Minnesota will designate what the judge's duties are.
[05:42.720 --> 05:49.220]  And then 42 U.S. Code 1983 and 18 U.S. Code 242 will go to the remedies for the failure
[05:49.220 --> 05:51.840]  of the judge to perform his duties.
[05:51.840 --> 05:58.480]  And the primary duty of all judges is to determine the facts in accordance with rules of evidence
[05:58.480 --> 06:04.280]  and then apply the law to the facts.
[06:04.280 --> 06:12.200]  As to case law on that specific, on the failure of the judge to apply the law to the facts,
[06:12.200 --> 06:13.200]  that's a good question.
[06:13.200 --> 06:18.640]  I haven't researched that particular one out.
[06:18.640 --> 06:27.400]  But that's one of those maximums of law that seems so common and pervasive that it overrides
[06:27.400 --> 06:36.600]  all of the judicial authorities and I haven't looked it up.
[06:36.600 --> 06:38.600]  We'll get Eddie to do that.
[06:38.600 --> 06:41.600]  He's got plenty of time.
[06:41.600 --> 06:42.600]  Yeah.
[06:42.600 --> 06:43.600]  All right.
[06:43.600 --> 06:44.600]  Thanks for the call, Brian.
[06:44.600 --> 06:45.600]  Well, thank you.
[06:45.600 --> 06:50.280]  Okay, before we go to the next call, I just wanted to ask Randy and Eddie the question
[06:50.280 --> 06:53.840]  concerning these oral arguments on these motions.
[06:53.840 --> 07:01.080]  Is that true that any time there's a motion hearing or even if it's not a motion hearing,
[07:01.080 --> 07:07.080]  if the judge asks you to discuss the motions, does that mean as a matter of law that the
[07:07.080 --> 07:10.320]  judge gets to disregard whatever's written on the motion?
[07:10.320 --> 07:11.320]  No.
[07:11.320 --> 07:15.560]  That is a matter of practice.
[07:15.560 --> 07:19.000]  It's what they're doing regardless of what they're supposed to be doing.
[07:19.000 --> 07:21.320]  Well, how do you know that that's what they're doing?
[07:21.320 --> 07:26.400]  Can you tell by the writing of their rulings that that's what they're doing?
[07:26.400 --> 07:27.680]  Oh, absolutely.
[07:27.680 --> 07:35.520]  You read the case law and it doesn't tell you everything because when you're familiar
[07:35.520 --> 07:38.200]  with the cases, I'll give you an example.
[07:38.200 --> 07:46.160]  I did a search on habeas corpus and I pulled up this case and I really liked the way it
[07:46.160 --> 07:55.760]  was written and except that the issues that were brought and I looked at it and I said,
[07:55.760 --> 07:58.880]  this guy, he didn't bring up the right issue.
[07:58.880 --> 08:05.280]  And then I thought to check the name and it was Mortland, Enray Morton.
[08:05.280 --> 08:11.840]  I said, that's Russell Mortland's writ.
[08:11.840 --> 08:15.720]  This guy did address the right issues because I wrote it.
[08:15.720 --> 08:20.400]  Then why did you think that he didn't bring up the right issues?
[08:20.400 --> 08:23.560]  Because you couldn't tell from the opinion.
[08:23.560 --> 08:26.320]  The opinion never addressed the right issues.
[08:26.320 --> 08:29.920]  They only addressed the issues they wanted to and ignored the rest of them.
[08:29.920 --> 08:33.000]  Well, that doesn't mean that that's just because there were oral arguments though.
[08:33.000 --> 08:39.280]  The court could just ignore whatever they want to ignore anyway, no matter if you have
[08:39.280 --> 08:40.800]  oral arguments or not.
[08:40.800 --> 08:46.720]  But if you come into court and you give the court something to rule against you on, the
[08:46.720 --> 08:50.720]  way we've been seeing it happen is that they can find something to rule against them on
[08:50.720 --> 08:52.800]  and that's what this was.
[08:52.800 --> 08:57.160]  They ruled against on the one thing and ignored all the rest.
[08:57.160 --> 09:01.680]  Well, was that because he gave them something in the oral arguments to rule against that
[09:01.680 --> 09:04.560]  he did not give them in the written motion?
[09:04.560 --> 09:06.680]  No, this one did not go to oral argument.
[09:06.680 --> 09:08.960]  It went to a petition for writ of habeas corpus.
[09:08.960 --> 09:14.160]  There would be no oral argument in a writ of habeas corpus unless you actually came before
[09:14.160 --> 09:15.160]  the court.
[09:15.160 --> 09:21.600]  Okay, well I guess then that's not really an example, that's not answering my question.
[09:21.600 --> 09:29.840]  No, as far as I know, I don't have any absolute concrete case law that says specifically that
[09:29.840 --> 09:35.360]  if you open your mouth in the courtroom, all of your pleadings are denied and you only
[09:35.360 --> 09:36.880]  rule on what you say in the courtroom.
[09:36.880 --> 09:39.120]  No, I don't have any case law on that.
[09:39.120 --> 09:40.420]  Okay, all right.
[09:40.420 --> 09:45.120]  But then again, if you sit there and you look at what goes into the record, we've gone down
[09:45.120 --> 09:49.440]  and seen court records where filings are not in there.
[09:49.440 --> 09:54.560]  Motions that have been filed are not in the record and so the only thing that's on the
[09:54.560 --> 09:57.000]  record is what's said in the courtroom.
[09:57.000 --> 10:00.160]  Okay, but now you're talking about municipal stuff now.
[10:00.160 --> 10:03.240]  Yeah, well that's what I'm talking about anyway.
[10:03.240 --> 10:08.680]  That's where the majority of what I'm dealing with occurs, but that's what they're doing.
[10:08.680 --> 10:12.480]  My question just had to do with across the board, whether it's municipal or state or
[10:12.480 --> 10:18.400]  federal, that if there's a motion hearing, specifically I was more questioning about
[10:18.400 --> 10:24.400]  at the federal level, does that mean that everything that you put in writing is basically
[10:24.400 --> 10:27.880]  just null and void?
[10:27.880 --> 10:32.120]  Technically no, but it is, as we say, it's still how they treat it.
[10:32.120 --> 10:41.360]  If you address something via oral argument, they ignore whatever's put into writing.
[10:41.360 --> 10:46.040]  At least as far as the appeals court and everything, it appears like they go strictly by what's
[10:46.040 --> 10:51.920]  in the transcript rather than what's in the filings.
[10:51.920 --> 10:58.900]  And that's exactly why I filed my notice and demand to the court.
[10:58.900 --> 11:03.040]  It's a notice of rights and a demand that they read all the pleadings and rule on every
[11:03.040 --> 11:09.560]  issue in the pleadings, because it's a practice for them not to bother.
[11:09.560 --> 11:18.360]  And if I go to court and the judge asks me to summarize my motion, absolutely not.
[11:18.360 --> 11:25.240]  Read it, rule on every issue, and I object to oral argument.
[11:25.240 --> 11:30.360]  And if you can't read it or you're unwilling to read it, stand down from the bench and
[11:30.360 --> 11:36.840]  get me a competent jurist to give me a fair hearing.
[11:36.840 --> 11:39.840]  All right, very good.
[11:39.840 --> 11:42.680]  Okay, well, y'all want to go on to the rest of the calls?
[11:42.680 --> 11:43.680]  Works for me.
[11:43.680 --> 11:46.960]  Okay, all right, let's go to Julie in Texas.
[11:46.960 --> 11:48.960]  Julie, thanks for calling in.
[11:48.960 --> 11:50.560]  What is on your mind tonight?
[11:50.560 --> 11:56.160]  Well, first off, I have to apologize because I did not know this was rule of law radio.
[11:56.160 --> 12:01.880]  I never am able to listen to this late at night, so I was wondering if I may change
[12:01.880 --> 12:04.480]  my question to a real estate question?
[12:04.480 --> 12:07.040]  Yeah, of course.
[12:07.040 --> 12:08.040]  Okay.
[12:08.040 --> 12:09.040]  I am...
[12:09.040 --> 12:10.480]  My husband and I are...
[12:10.480 --> 12:11.480]  And Julie, hold on.
[12:11.480 --> 12:12.480]  We're having a hard time hearing you.
[12:12.480 --> 12:13.480]  Are you on a speakerphone?
[12:13.480 --> 12:16.080]  No, I'm not, but I will speak louder.
[12:16.080 --> 12:17.680]  Okay, that's much more helpful.
[12:17.680 --> 12:18.680]  Thank you.
[12:18.680 --> 12:19.680]  Okay, sorry about that.
[12:19.680 --> 12:20.680]  Okay.
[12:20.680 --> 12:25.280]  So my husband and I are landlords, and we own a duplex property here in Austin.
[12:25.280 --> 12:32.800]  We are trying to rent out this unit, and we have two applicants that we've whittled down
[12:32.800 --> 12:33.800]  to.
[12:33.800 --> 12:40.520]  Now, one of the applicants that came in, I talked with them, I showed them the unit.
[12:40.520 --> 12:44.400]  I didn't have a really good feeling about this guy.
[12:44.400 --> 12:50.840]  He was making kind of crude jokes, didn't really like the way he dressed, or in a somewhat
[12:50.840 --> 12:57.280]  nice neighborhood here in Austin, and the rent, I think, is somewhat high, and we checked
[12:57.280 --> 12:58.280]  his credit.
[12:58.280 --> 13:00.520]  He has actually a great credit score.
[13:00.520 --> 13:07.800]  Now, the other candidate we have, she's a nurse, she's a single mom, we seem to hit
[13:07.800 --> 13:09.560]  it off great.
[13:09.560 --> 13:15.680]  I would really like to rent out to the nurse versus the other guy, but she has a lower
[13:15.680 --> 13:17.000]  credit score.
[13:17.000 --> 13:22.760]  I believe she had a couple of issues with late payments on her credit card.
[13:22.760 --> 13:28.160]  Now, she says with her income, she's able to pay the rent, so is the other gentleman.
[13:28.160 --> 13:34.040]  Now, you know, just getting that gut feeling, I really don't like that guy, don't like
[13:34.040 --> 13:36.720]  the way he acted, didn't like the way he looked.
[13:36.720 --> 13:42.600]  Now, my question is this, he has a higher credit score, she doesn't.
[13:42.600 --> 13:48.960]  If I talk to her and say, you can have this unit, and if this other guy, if we go up to
[13:48.960 --> 13:55.240]  the other guy and say, sorry, we can't rent it out to you, and he asks why, I can't really
[13:55.240 --> 14:00.160]  tell him because the other person had a higher credit score, and I also can't tell him because
[14:00.160 --> 14:05.200]  I don't, or at least I don't think I can, I just don't like the way you look and act,
[14:05.200 --> 14:09.200]  you can absolutely tell him that.
[14:09.200 --> 14:11.200]  That's your property.
[14:11.200 --> 14:22.480]  If this were a unit of more than four, then you may get into other issues, but this is
[14:22.480 --> 14:24.400]  not about discrimination.
[14:24.400 --> 14:29.160]  If this is just a two unit, you can rent it out to whoever you want to.
[14:29.160 --> 14:30.160]  Okay.
[14:30.160 --> 14:35.360]  Yeah, you really don't have to give him any reason other than, well, after we weighed all
[14:35.360 --> 14:39.080]  of our options, we just figured this was the best bet for us.
[14:39.080 --> 14:41.080]  You really don't have to give him a reason.
[14:41.080 --> 14:47.120]  As Randy says, it's your property, you can rent it, and you can choose who you rent it
[14:47.120 --> 14:56.920]  to, and short of just outright whatever as far as certain things, nobody can say that
[14:56.920 --> 14:58.760]  you have to rent it to anybody.
[14:58.760 --> 15:01.800]  Whether it be race, sex, doesn't matter.
[15:01.800 --> 15:03.800]  It is your property.
[15:03.800 --> 15:08.200]  You have to feel comfortable with who you rent it to, and no one can make you rent it
[15:08.200 --> 15:12.280]  to somebody you don't want to, and you don't have to really give a reason why.
[15:12.280 --> 15:22.880]  Yeah, if this was a large complex, and you're a manager of the complex and you have, I think
[15:22.880 --> 15:29.040]  it's over 25, then you get into a whole different set of rules.
[15:29.040 --> 15:31.040]  But this is personal property.
[15:31.040 --> 15:33.040]  You won't have any problem with that.
[15:33.040 --> 15:34.040]  Okay, great.
[15:34.040 --> 15:35.040]  That answers my question.
[15:35.040 --> 15:36.040]  Thank you all so much.
[15:36.040 --> 15:37.040]  You are welcome.
[15:37.040 --> 15:38.040]  Welcome.
[15:38.040 --> 15:39.040]  Bye bye.
[15:39.040 --> 15:40.040]  All right, thanks, Julie.
[15:40.040 --> 15:43.040]  Okay, we're going now to Mark in Wisconsin.
[15:43.040 --> 15:44.040]  Mark, thanks for calling in.
[15:44.040 --> 15:45.040]  What's on your mind tonight?
[15:45.040 --> 15:56.800]  Hey, I had a question about Rule 15D, it's supplemental pleading, Randy.
[15:56.800 --> 15:59.600]  I wanted to add something to the pleading that the attorneys did.
[15:59.600 --> 16:06.200]  Hey, I know on the amended pleading, you just add to your old pleading and then you affirm
[16:06.200 --> 16:07.200]  the parts you added.
[16:07.200 --> 16:09.440]  Is the supplemental pleading the same?
[16:09.440 --> 16:14.160]  The supplemental pleading you make by motion, should I just send a complaint in with it
[16:14.160 --> 16:15.160]  too?
[16:15.160 --> 16:18.680]  That's a good question.
[16:18.680 --> 16:28.000]  I know with an amended pleading, it's a general rule of thumb when you file a amended motion
[16:28.000 --> 16:33.640]  or pleading, the original is trash, history.
[16:33.640 --> 16:38.360]  You better have everything in this amended you want or it's not before the court.
[16:38.360 --> 16:44.080]  I would think that in the interest of keeping from getting clobbered, I would put everything
[16:44.080 --> 16:51.240]  in there and add to it the same as with an amended.
[16:51.240 --> 16:56.320]  Okay, we're going to go to break.
[16:56.320 --> 17:00.840]  We'll be right back.
[17:00.840 --> 17:05.640]  Capital Coin and Bullion is your local source for rare coins, precious metals and coin supplies
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[19:28.800 --> 19:51.360]  Okay, this is Randy Kelton, Debra Stevens, Eddie Craig, Rule of Law Radio.
[19:51.360 --> 19:58.360]  We're back, we're talking to Mark in Wisconsin and I have pulled up federal rules of civil
[19:58.360 --> 20:05.960]  procedure 15 and just from the title, I can answer your question.
[20:05.960 --> 20:10.600]  It goes to amended and supplemental pleadings.
[20:10.600 --> 20:18.720]  Yes, include everything in your supplemental pleading as if it were the original.
[20:18.720 --> 20:25.600]  And generally, whenever I do an amended, if it's a minor amendment, especially when I
[20:25.600 --> 20:34.360]  have people say, well, you know, I made this mistake and I need to correct it, then you
[20:34.360 --> 20:37.200]  always ask for permission to file the amended.
[20:37.200 --> 20:43.360]  You don't have to ask for permission to file the supplemental.
[20:43.360 --> 20:46.920]  But note the place where the change is.
[20:46.920 --> 20:55.520]  Now if a supplemental is just, Mark, are you just talking about something like where you
[20:55.520 --> 21:00.440]  have information that you discovered like in discovery?
[21:00.440 --> 21:04.560]  This is not clear why you would file a supplemental pleading.
[21:04.560 --> 21:10.120]  I guess that's not relevant to the issue.
[21:10.120 --> 21:11.120]  Let me read it real quick.
[21:11.120 --> 21:16.200]  Amending as a matter of course, amending during trial, yeah, everything in amended is, oh,
[21:16.200 --> 21:18.160]  here we go, supplemental pleadings.
[21:18.160 --> 21:23.040]  On motion and reasonable notice, the court may on just terms permit a party to serve
[21:23.040 --> 21:29.320]  a supplemental pleading setting out any transaction occurrence or event that happened after the
[21:29.320 --> 21:33.040]  date of the pleading to be supplemented.
[21:33.040 --> 21:39.280]  The court may permit supplemental supplementation even though the original pleading is defective
[21:39.280 --> 21:42.160]  in stating a claim or defense.
[21:42.160 --> 21:45.840]  The court may order that the opposing party plead to the supplemental pleading within
[21:45.840 --> 21:50.880]  a specified time.
[21:50.880 --> 21:56.360]  In order to be able to answer that, you know, I could guess but I'm not going to.
[21:56.360 --> 22:02.160]  Rather than me try to answer that here on the air since I am obviously not familiar
[22:02.160 --> 22:09.280]  with that particular aspect of 15, it's just a little paragraph at the bottom.
[22:09.280 --> 22:13.480]  I will send you this annotation.
[22:13.480 --> 22:16.440]  It's three pages.
[22:16.440 --> 22:17.440]  It's a big one.
[22:17.440 --> 22:21.840]  I'll have to do that while the show is going.
[22:21.840 --> 22:25.680]  It will take me a bit to copy all of these down, paste them together and send them to
[22:25.680 --> 22:31.280]  you but this will certainly answer your questions.
[22:31.280 --> 22:32.280]  You stumped the chump.
[22:32.280 --> 22:37.280]  That's what we're here for.
[22:37.280 --> 22:41.400]  Now everybody knows what a supplemental pleading is on rule of law.
[22:41.400 --> 22:42.400]  Okay.
[22:42.400 --> 22:49.360]  While we're moving ahead, you might want to hang on a bit, I will try to dig down through
[22:49.360 --> 22:51.840]  these annotations and see if I can find one.
[22:51.840 --> 22:53.840]  Hey, I had another quick question.
[22:53.840 --> 22:57.920]  In the motion, you don't want to file, you said don't file exhibits and stuff like that
[22:57.920 --> 23:00.000]  because it just annoys the judges.
[23:00.000 --> 23:04.200]  Should I just file the complaint with the motion with the exhibits or should I just
[23:04.200 --> 23:06.120]  file the motion for permission?
[23:06.120 --> 23:11.840]  Oh no, file the motion and attach the exhibits.
[23:11.840 --> 23:15.520]  Don't put too much inside the motion itself.
[23:15.520 --> 23:16.520]  Two pages.
[23:16.520 --> 23:19.520]  Yeah, then you can attach all the exhibits you want to.
[23:19.520 --> 23:23.840]  That don't annoy them because they only look at that if they feel like they need to.
[23:23.840 --> 23:24.840]  Okay.
[23:24.840 --> 23:30.480]  So, you got any other hard questions?
[23:30.480 --> 23:36.840]  I wish I did but isn't it the rule you can only stump the chump once in a night?
[23:36.840 --> 23:40.000]  Yeah, one stump a night.
[23:40.000 --> 23:44.680]  Otherwise, I'd be here all night with Randy.
[23:44.680 --> 23:46.680]  Yes, you would.
[23:46.680 --> 23:47.680]  I get no respect.
[23:47.680 --> 23:50.680]  Hey, you got my email, Randy?
[23:50.680 --> 23:51.680]  No.
[23:51.680 --> 23:52.680]  When?
[23:52.680 --> 23:57.240]  No, I mean, do you have my email address?
[23:57.240 --> 23:58.240]  Oh, yeah.
[23:58.240 --> 23:59.240]  Yeah.
[23:59.240 --> 24:00.240]  Okay.
[24:00.240 --> 24:01.240]  All right.
[24:01.240 --> 24:02.240]  We'll do.
[24:02.240 --> 24:05.640]  Hey, I was wondering if you have time tonight if you could explain a Brady motion.
[24:05.640 --> 24:07.040]  I keep hearing about a Brady motion.
[24:07.040 --> 24:08.040]  I don't even know what it is.
[24:08.040 --> 24:09.040]  You know what I'm saying?
[24:09.040 --> 24:10.040]  Okay.
[24:10.040 --> 24:11.040]  Real easy.
[24:11.040 --> 24:15.800]  Brady motion is discovery in a criminal case.
[24:15.800 --> 24:16.800]  That was easy.
[24:16.800 --> 24:17.800]  Yeah.
[24:17.800 --> 24:18.800]  All right.
[24:18.800 --> 24:19.800]  Hey, thanks a lot.
[24:19.800 --> 24:20.800]  I appreciate it.
[24:20.800 --> 24:22.320]  And I found one of those.
[24:22.320 --> 24:26.240]  I think jurisprudence may be down at the moment.
[24:26.240 --> 24:30.600]  I had to do some changing on my server and I moved some stuff around and lost a few of
[24:30.600 --> 24:31.600]  my links.
[24:31.600 --> 24:33.000]  I got to go in and relink them.
[24:33.000 --> 24:37.960]  But I have a rather extensive Brady motion in the blank section.
[24:37.960 --> 24:40.120]  I found that in a court case.
[24:40.120 --> 24:44.280]  I was just going through a bunch of court cases and found this huge Brady motion.
[24:44.280 --> 24:46.040]  And at the time, I didn't know what a Brady motion was.
[24:46.040 --> 24:51.480]  And when I read the motion, I thought, this is wonderful.
[24:51.480 --> 24:52.480]  I did.
[24:52.480 --> 24:53.480]  Go ahead.
[24:53.480 --> 24:54.800]  Don't you guys have a caller?
[24:54.800 --> 24:59.080]  He called in once and said, anybody who wants a Brady motion, he'll make it out specific
[24:59.080 --> 25:00.080]  to their state.
[25:00.080 --> 25:01.160]  I forget the gentleman's name.
[25:01.160 --> 25:04.160]  That was Dan Real in Connecticut.
[25:04.160 --> 25:08.080]  And he had taken my motion and rewritten it for Connecticut.
[25:08.080 --> 25:09.080]  Yeah.
[25:09.080 --> 25:11.880]  That was a pretty nice offer for him to make.
[25:11.880 --> 25:13.560]  And I was pretty upset about that.
[25:13.560 --> 25:16.360]  He plagiarized the motion that I had plagiarized.
[25:16.360 --> 25:20.840]  He's got a lot of gall.
[25:20.840 --> 25:23.400]  That's what we do to help each other, Randy.
[25:23.400 --> 25:24.400]  Absolutely.
[25:24.400 --> 25:25.400]  Okay.
[25:25.400 --> 25:26.400]  Thanks a lot.
[25:26.400 --> 25:27.400]  Have a good night.
[25:27.400 --> 25:28.400]  Okey-doke.
[25:28.400 --> 25:29.400]  Bye-bye.
[25:29.400 --> 25:30.400]  All right.
[25:30.400 --> 25:31.400]  Thanks, Mark.
[25:31.400 --> 25:32.400]  Okay.
[25:32.400 --> 25:33.400]  Continuing on, we got a full board of callers.
[25:33.400 --> 25:34.400]  All right.
[25:34.400 --> 25:35.400]  We've got Doug in Texas.
[25:35.400 --> 25:36.400]  Doug, thanks for calling in.
[25:36.400 --> 25:37.400]  What is on your mind tonight?
[25:37.400 --> 25:38.400]  I want to say thanks to Eddie.
[25:38.400 --> 25:39.400]  I got to meet him at the Brave New Books last Saturday, I believe.
[25:39.400 --> 25:40.400]  Eddie, I was intimidated.
[25:40.400 --> 25:41.400]  Very intimidated.
[25:41.400 --> 25:42.400]  I'm sorry.
[25:42.400 --> 25:43.400]  I'll stoop over more next time, Doug.
[25:43.400 --> 26:05.200]  Do what?
[26:05.200 --> 26:07.200]  I'll stoop over more next time.
[26:07.200 --> 26:08.200]  Whatever.
[26:08.200 --> 26:14.320]  But I really enjoyed the experience.
[26:14.320 --> 26:17.280]  I had a crew working.
[26:17.280 --> 26:25.840]  I couldn't stick around to enjoy everything that went on, but I sure enjoyed meeting you
[26:25.840 --> 26:37.640]  and shaking your hand and getting played, and I sure enjoyed talking to Mr. Skidmore
[26:37.640 --> 26:50.520]  and looking at his gun and his silver dollars and trying to spend in town, as far as I'm
[26:50.520 --> 26:51.520]  concerned.
[26:51.520 --> 26:52.520]  But anyway...
[26:52.520 --> 26:53.520]  Yeah.
[26:53.520 --> 26:54.520]  He's got that special side to him, that's for sure.
[26:54.520 --> 26:55.520]  He's got the what?
[26:55.520 --> 26:56.520]  That special side to him, that's for sure.
[26:56.520 --> 26:57.520]  And he would have to stoop over even further.
[26:57.520 --> 26:58.520]  Yeah.
[26:58.520 --> 26:59.520]  They don't make for better stages.
[26:59.520 --> 27:12.400]  End of the hour, I'll see you tomorrow over there, too, and listen to what you got to
[27:12.400 --> 27:13.400]  say.
[27:13.400 --> 27:14.400]  All right.
[27:14.400 --> 27:15.400]  We'll be looking for you then.
[27:15.400 --> 27:16.400]  All right.
[27:16.400 --> 27:17.400]  Thanks for what you do.
[27:17.400 --> 27:18.400]  All right.
[27:18.400 --> 27:19.400]  Thanks, Doug.
[27:19.400 --> 27:20.400]  Appreciate it.
[27:20.400 --> 27:21.400]  Thanks, Doug.
[27:21.400 --> 27:22.400]  Okay.
[27:22.400 --> 27:23.400]  We're going now to James in Alaska.
[27:23.400 --> 27:24.400]  James, thanks for calling in.
[27:24.400 --> 27:25.400]  What is on your mind tonight?
[27:25.400 --> 27:26.400]  Oh, hello.
[27:26.400 --> 27:30.080]  How are you folks doing today, this evening?
[27:30.080 --> 27:31.080]  Pretty good.
[27:31.080 --> 27:32.080]  Thanks for calling in.
[27:32.080 --> 27:33.080]  What you got?
[27:33.080 --> 27:40.160]  Well, hey, I was looking on Randy's bar grievance page here, bargrievance.net, and you didn't
[27:40.160 --> 27:45.880]  see anything that would really talk to federal judges.
[27:45.880 --> 27:53.680]  And I was wondering, I'm kind of anxious to get some information on how to file a bar
[27:53.680 --> 27:56.920]  grievance against, for instance, a tax court judge.
[27:56.920 --> 27:57.920]  Okay.
[27:57.920 --> 27:58.920]  Federal judges is different.
[27:58.920 --> 28:00.720]  It's going to take a lot more work.
[28:00.720 --> 28:02.720]  I'm working on that one.
[28:02.720 --> 28:11.640]  There are intricate rules on how to file a complaint against a federal judge, and every
[28:11.640 --> 28:14.360]  circuit has a different set of rules.
[28:14.360 --> 28:18.040]  Will the tax court be in a circuit?
[28:18.040 --> 28:20.640]  The tax court will be under one of the circuits.
[28:20.640 --> 28:21.640]  Okay.
[28:21.640 --> 28:25.800]  In Alaska, that would be the 9th circuit probably, huh?
[28:25.800 --> 28:26.800]  You're in California?
[28:26.800 --> 28:27.800]  Oh, no.
[28:27.800 --> 28:28.800]  Okay.
[28:28.800 --> 28:29.800]  9th.
[28:29.800 --> 28:30.800]  I don't think so.
[28:30.800 --> 28:31.800]  9th is...
[28:31.800 --> 28:33.800]  Alaska is in the 9th.
[28:33.800 --> 28:34.800]  Oh, okay.
[28:34.800 --> 28:43.520]  Because that's California, Nevada, Arizona, Utah, and okay, I guess Hawaii and Alaska.
[28:43.520 --> 28:44.520]  Yeah.
[28:44.520 --> 28:45.520]  Okay.
[28:45.520 --> 28:52.920]  Since I have someone looking for it, I'll do the 9th first.
[28:52.920 --> 28:54.520]  That'd be cool.
[28:54.520 --> 28:59.080]  Because I'm really expecting this judge that is assigned to my case.
[28:59.080 --> 29:03.520]  I know who it is.
[29:03.520 --> 29:10.080]  Some of my compatriots have had some experiences with him, and he just doesn't read motions.
[29:10.080 --> 29:17.520]  He doesn't do...apparently doesn't read motions because he's given summary judgments, awards
[29:17.520 --> 29:26.000]  to the respondent, and I just don't see how he could have done that without being totally
[29:26.000 --> 29:27.000]  in their pocket.
[29:27.000 --> 29:28.000]  Yeah.
[29:28.000 --> 29:33.560]  That's where you file failure to apply the law to the facts.
[29:33.560 --> 29:34.560]  Right.
[29:34.560 --> 29:35.560]  Cool.
[29:35.560 --> 29:39.600]  Well, I'm looking forward to that, Randy, and I'll let you guys go and get on to the
[29:39.600 --> 29:40.600]  next caller.
[29:40.600 --> 29:41.600]  Thanks again.
[29:41.600 --> 29:42.600]  All righty.
[29:42.600 --> 29:48.280]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio.
[29:48.280 --> 29:53.760]  Our call-in number is 512-646-1984, we've got an hour and a half left.
[29:53.760 --> 29:57.240]  Call us in and see if you can stump the chumps.
[29:57.240 --> 30:00.040]  We'll be right back.
[30:00.040 --> 30:04.400]  The Rule of Law Radio Network is proud to present a due process of law seminar hosted
[30:04.400 --> 30:06.280]  by our own Eddie Craig.
[30:06.280 --> 30:10.640]  He is a former Nacogdoches County Sheriff's Deputy, and for the past 21 years he has studied
[30:10.640 --> 30:15.120]  the due process of law and now offers his knowledge to you at a law seminar every Saturday
[30:15.120 --> 30:20.920]  from 3 o'clock to 6 o'clock at Brave New Books, located at 1904 Guadalupe Street in Austin,
[30:20.920 --> 30:21.920]  Texas.
[30:21.920 --> 30:25.960]  Admission is $20, so please make plans to come and sit with Eddie and learn for yourself
[30:25.960 --> 30:28.880]  what the true intent of law really is.
[30:28.880 --> 30:34.000]  The Bill of Rights contains the first 10 amendments of our Constitution.
[30:34.000 --> 30:38.400]  They guarantee the specific freedoms Americans should know and protect, our liberty depends
[30:38.400 --> 30:39.400]  on it.
[30:39.400 --> 30:42.840]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[30:42.840 --> 30:45.440]  one of your constitutional rights.
[30:45.440 --> 30:50.760]  Your search engine is watching you, recording all your searches and creating a massive database
[30:50.760 --> 30:52.400]  of your personal information.
[30:52.400 --> 30:53.720]  That's creepy.
[30:53.720 --> 30:55.840]  But it doesn't have to be that way.
[30:55.840 --> 30:58.960]  Startpage.com is the world's most private search engine.
[30:58.960 --> 31:03.080]  Startpage doesn't store your IP address, make a record of your searches, or use tracking
[31:03.080 --> 31:05.360]  cookies and they're third party certified.
[31:05.360 --> 31:09.840]  If you don't like big brother spying on you, start over with Startpage.
[31:09.840 --> 31:12.680]  Great search results and total privacy.
[31:12.680 --> 31:15.240]  Startpage.com, the world's most private search engine.
[31:15.240 --> 31:19.880]  Most of us know that taking the fifth means you're choosing to remain silent about a criminal
[31:19.880 --> 31:20.880]  matter.
[31:20.880 --> 31:24.700]  It's a good way to remember that the fifth amendment spells out what can and can't happen
[31:24.700 --> 31:27.240]  to you when you're accused of a criminal offense.
[31:27.240 --> 31:31.480]  The fifth guarantees due process, prohibits trying someone more than once for the same
[31:31.480 --> 31:34.080]  crime and lets you keep your mouth shut.
[31:34.080 --> 31:39.200]  The founding fathers inserted these constitutional provisions to protect citizens from torture.
[31:39.200 --> 31:43.640]  Back in the day, governments often used painful methods to extract confessions.
[31:43.640 --> 31:47.640]  The fifth amendment also prohibits the government from taking your house and land without paying
[31:47.640 --> 31:48.640]  you for it.
[31:48.640 --> 31:49.640]  That used to happen a lot too.
[31:49.640 --> 31:51.720]  I'm Dr. Katherine Albrecht.
[31:51.720 --> 32:15.840]  More news and information at KatherineAlbrecht.com.
[32:15.840 --> 32:18.160]  Okay folks, we're back.
[32:18.160 --> 32:26.640]  We've got about another hour and a half to go in our Friday night four hour info marathon.
[32:26.640 --> 32:31.040]  Call in please, 512-646-1984.
[32:31.040 --> 32:33.240]  We are going now to Robin in Florida.
[32:33.240 --> 32:34.600]  Robin, thanks for calling in.
[32:34.600 --> 32:35.600]  What's on your mind tonight?
[32:35.600 --> 32:36.600]  Hello guys.
[32:36.600 --> 32:37.600]  Can you hear me okay?
[32:37.600 --> 32:38.600]  Yes.
[32:38.600 --> 32:39.600]  Good.
[32:39.600 --> 32:44.600]  Question on a bar grievance I want to do.
[32:44.600 --> 32:51.920]  Randy, I noticed I'm on your baragreements.net page and it just has the state bar links where
[32:51.920 --> 32:52.920]  I'm in Florida obviously.
[32:52.920 --> 32:57.080]  So, would I go there and just fill out for- No, no, no, no, no.
[32:57.080 --> 33:01.120]  Fill it out on the, fill out the document that's on the site.
[33:01.120 --> 33:03.200]  Yeah, on your site.
[33:03.200 --> 33:06.960]  Yeah, and then save it, print it, send that to them.
[33:06.960 --> 33:11.440]  Okay, so when I save it, it saves it to the web, right?
[33:11.440 --> 33:12.560]  No, no, no.
[33:12.560 --> 33:18.520]  You can just control A the page or click file save and it'll save it to your hard drive.
[33:18.520 --> 33:24.040]  Well, are people supposed to email it back to you, Randy, so you can post it or what?
[33:24.040 --> 33:25.040]  No, no, no.
[33:25.040 --> 33:33.240]  Hit the submit key and that'll send me all the fields and then I'll reconstruct the document
[33:33.240 --> 33:34.240]  on a page.
[33:34.240 --> 33:41.160]  I have my programmer working on a submit code that will automatically save the document
[33:41.160 --> 33:46.600]  on a page on my website and take the name of the person complained against and place
[33:46.600 --> 33:49.320]  it in the title of the document.
[33:49.320 --> 33:54.040]  That way, if anybody does a search on his name, they'll get a hit right on that complaint.
[33:54.040 --> 33:59.000]  Okay, and the principle behind that you said is because you haven't signed it, it's not
[33:59.000 --> 34:01.360]  official complaint, so it's not secret yet, right?
[34:01.360 --> 34:03.840]  Right, it's not a complaint yet.
[34:03.840 --> 34:10.680]  When you sign it, it becomes secret and you better not reveal it, but I can.
[34:10.680 --> 34:14.960]  Well, you already have at that point, it's already been posted on the web.
[34:14.960 --> 34:15.960]  Precisely.
[34:15.960 --> 34:19.720]  That requirement for secrecy doesn't come back to me.
[34:19.720 --> 34:28.280]  Well, even if it did, the point is it was posted prior to being filed, so there's a
[34:28.280 --> 34:30.200]  timeline issue as well.
[34:30.200 --> 34:42.640]  Well, what I'm saying is once it's filed, you are forbidden to reveal it, but that restriction
[34:42.640 --> 34:45.680]  doesn't extend beyond you.
[34:45.680 --> 34:47.800]  It doesn't come back to anybody else.
[34:47.800 --> 34:53.200]  Right, and the most important point that I think about all of this is the fact that
[34:53.200 --> 34:59.640]  Randy will have already posted it prior to the other person filing it, and so that way,
[34:59.640 --> 35:05.440]  there's a timestamp on the page, and so that way, they can't go back to the person and
[35:05.440 --> 35:09.240]  say, well, you revealed it to Randy after you filed it.
[35:09.240 --> 35:15.880]  Okay, so the fact that it was posted on the Internet before it was filed, that is proof
[35:15.880 --> 35:20.880]  positive that the person did not reveal the filing after the fact, is what I'm trying
[35:20.880 --> 35:21.880]  to say.
[35:21.880 --> 35:22.880]  Yeah.
[35:22.880 --> 35:23.880]  How does it blame Randy?
[35:23.880 --> 35:27.720]  Yeah, you just blame me.
[35:27.720 --> 35:29.720]  That's the easiest thing to do.
[35:29.720 --> 35:31.760]  Well, he can handle it.
[35:31.760 --> 35:34.760]  I could have thought it's put everything on him.
[35:34.760 --> 35:35.760]  That'll work.
[35:35.760 --> 35:41.160]  Do you have an archive on one of the shows that you talked about positive actions pursuing
[35:41.160 --> 35:42.160]  attorney?
[35:42.160 --> 35:46.480]  I haven't talked to... Oh, that was a long time ago.
[35:46.480 --> 35:48.280]  Maybe we need to do another one on that.
[35:48.280 --> 35:49.280]  Oh, okay.
[35:49.280 --> 35:54.160]  No, you'll have to look that... Robin, we're having a really hard time hearing you.
[35:54.160 --> 35:57.160]  Are you on the speakerphone?
[35:57.160 --> 35:59.920]  Not anymore.
[35:59.920 --> 36:04.720]  Robin, Robin, we lost him.
[36:04.720 --> 36:05.720]  Okay.
[36:05.720 --> 36:06.720]  Okay.
[36:06.720 --> 36:10.320]  Yeah, as far as the causes of action, we did do a show on that.
[36:10.320 --> 36:14.760]  We did a show on causes of action concerning malpractice of attorneys.
[36:14.760 --> 36:16.240]  Boy, that was a good show.
[36:16.240 --> 36:21.640]  So folks, no, there's really no... We don't... There's no way to search... I don't know
[36:21.640 --> 36:25.560]  if there's a way to search the archive pages.
[36:25.560 --> 36:28.760]  You'll just have to go and look back and scroll back through the archives.
[36:28.760 --> 36:32.840]  Some of them are documented better than others, and that's why I have set up the archive press
[36:32.840 --> 36:39.800]  as a WordPress page, and so that way folks can create a login, and you all listeners
[36:39.800 --> 36:45.760]  can log in and post comments to help me document the descriptions of the archives because that's
[36:45.760 --> 36:48.040]  not something that I really have time to do.
[36:48.040 --> 36:55.200]  I mean, sometimes I will make very brief descriptions, like if we have a guest or a specific topic
[36:55.200 --> 36:56.200]  or something like that.
[36:56.200 --> 37:02.280]  So I may have posted something about that show that night about causes of action, but
[37:02.280 --> 37:07.440]  concerning descriptions of archives and documentation and all that kind of thing, I really need
[37:07.440 --> 37:09.120]  the listeners to help me out with that.
[37:09.120 --> 37:14.040]  So I think most likely I will have made a little blurb that particular night, but you
[37:14.040 --> 37:17.320]  all are just going to have to scroll back and look and see, but that was several months
[37:17.320 --> 37:20.040]  ago, and there's no way to know what date that was.
[37:20.040 --> 37:21.520]  You all are just going to have to look for yourself.
[37:21.520 --> 37:22.520]  Okay.
[37:22.520 --> 37:24.160]  There's something I am working on.
[37:24.160 --> 37:30.320]  I have the, I've looked for another book on this subject and have been unable to find
[37:30.320 --> 37:31.320]  it.
[37:31.320 --> 37:34.080]  This one's a 1990 version.
[37:34.080 --> 37:44.320]  So I will be going through all of the causes that are in there and creating a page listing
[37:44.320 --> 37:52.000]  those, and as I get time, I'll pull the cases that are referenced in this book and
[37:52.000 --> 37:57.160]  jeopardize them and find later cases that reference these cases, and this should give
[37:57.160 --> 38:02.720]  me links to other related cases, and I should be able to get a good database on case law
[38:02.720 --> 38:06.120]  for all of these issues, but that's going to take a while.
[38:06.120 --> 38:09.800]  I'm in the process.
[38:09.800 --> 38:14.960]  I'm actually hiring someone to do that, so maybe we'll get this up before too long.
[38:14.960 --> 38:20.200]  This is way overdue.
[38:20.200 --> 38:22.480]  So file lots of bar grievances.
[38:22.480 --> 38:24.440]  It's great fun.
[38:24.440 --> 38:27.560]  We can actually have bar grievance parties.
[38:27.560 --> 38:28.560]  Okay.
[38:28.560 --> 38:31.600]  Let's go to our next call.
[38:31.600 --> 38:32.600]  Okay.
[38:32.600 --> 38:33.600]  We got Dan from Connecticut.
[38:33.600 --> 38:36.840]  Dan, the call center tells me that you have struck gold.
[38:36.840 --> 38:37.840]  What does this mean?
[38:37.840 --> 38:38.840]  What's going on?
[38:38.840 --> 38:44.640]  Well, first I want to get into a few other things because obviously I was mentioned beforehand.
[38:44.640 --> 38:51.520]  As far as those Brady motions go, it's obviously attached to the same disclaimer that would
[38:51.520 --> 38:53.880]  be used for the ruleoflawradio.com.
[38:53.880 --> 38:58.480]  You send an email to headlinecopy at gmail.com.
[38:58.480 --> 39:07.820]  That's H-E-A-D-L-I-N-E at gmail.com, and I create a Brady motion for your state.
[39:07.820 --> 39:09.840]  Do what you want with it.
[39:09.840 --> 39:11.640]  Obviously not legal advice.
[39:11.640 --> 39:18.760]  But yeah, so far as that goes, I've created Brady motions for, I believe, Connecticut,
[39:18.760 --> 39:24.800]  New Hampshire, Louisiana, California, and Wisconsin so far.
[39:24.800 --> 39:29.400]  So if anybody wants a copy for those states or they want their own state, just send me
[39:29.400 --> 39:30.400]  an email.
[39:30.400 --> 39:36.840]  As far as striking gold goes, I was asked to review something in an attorney file just
[39:36.840 --> 39:41.400]  to see what I thought about it with the same disclaimers, and I found a few errors with
[39:41.400 --> 39:42.400]  this filing.
[39:42.400 --> 39:47.800]  First of all, I just want to mention, if you get something from an attorney, look up the
[39:47.800 --> 39:48.800]  citations.
[39:48.800 --> 39:50.840]  It's great fun.
[39:50.840 --> 39:56.120]  Specifically, this was the foreclosure case, and it referenced Connecticut General Practice
[39:56.120 --> 39:57.120]  Book 378.
[39:57.120 --> 40:00.280]  Do you want to know what the problem with that is?
[40:00.280 --> 40:01.880]  No such book.
[40:01.880 --> 40:05.360]  It doesn't exist.
[40:05.360 --> 40:09.120]  They referenced this as an authority to move for summary judgment.
[40:09.120 --> 40:15.520]  However, there is the Connecticut General Practice Book, Section 37-8, and that has to deal with
[40:15.520 --> 40:20.400]  pleas of nolly or not guilty.
[40:20.400 --> 40:22.280]  And that's in criminal cases.
[40:22.280 --> 40:24.680]  Obviously, we're in civil venue.
[40:24.680 --> 40:30.320]  As far as the foreclosure issues that I discovered in this particular motion, I looked up some
[40:30.320 --> 40:32.120]  of the citations.
[40:32.120 --> 40:39.400]  In particular, the interesting citation they made was a case called Han v. Taylor, but
[40:39.400 --> 40:41.880]  there was one problem with this case.
[40:41.880 --> 40:45.560]  It wasn't Han, H-A-N-N v. Taylor.
[40:45.560 --> 40:54.540]  It was Ham, H-A-M-M v. Taylor, and in Ham v. Taylor, it was going to the issue of unconscionability
[40:54.540 --> 41:01.040]  that the court could actually modify the terms of a mortgage if they were unconscionable,
[41:01.040 --> 41:04.640]  and they, in fact, did so, and this was cited several times.
[41:04.640 --> 41:11.200]  One of the recent cases where this was cited, it actually had to do with, let me see if
[41:11.200 --> 41:12.920]  I can find this, but it was-
[41:12.920 --> 41:13.920]  Hold on.
[41:13.920 --> 41:14.920]  Wait a second here, Dan.
[41:14.920 --> 41:22.220]  You're telling me that these courts that can't seem to make a constitutional decision because
[41:22.220 --> 41:28.440]  nobody bothered to make a constitutional claim, even though it was as obvious as daylight
[41:28.440 --> 41:34.160]  to a vampire, and yet they can alter contracts?
[41:34.160 --> 41:35.160]  Yep.
[41:35.160 --> 41:41.920]  This is Connecticut-specific, though, and it has to go with unconscionability.
[41:41.920 --> 41:46.720]  In that particular case where this original case I just mentioned was cited was immigrant
[41:46.720 --> 41:54.280]  mortgage company V. Janice Carizmara et al., and that was a 2005 case, it was unpublished
[41:54.280 --> 41:58.560]  and that was off of Lexus that I pulled that from.
[41:58.560 --> 42:01.520]  Oh, so they're citing an unpublished case?
[42:01.520 --> 42:02.800]  Whoa, whoa, hold on.
[42:02.800 --> 42:12.920]  There's a case out of California where California Supreme Court agreed that these supposedly
[42:12.920 --> 42:22.840]  unpublished cases, if they are publicly available on the internet, they are published.
[42:22.840 --> 42:28.640]  So, if they're on Lexus, Lexus has published them.
[42:28.640 --> 42:31.400]  But it gets better.
[42:31.400 --> 42:32.400]  Yep.
[42:32.400 --> 42:33.400]  But how do you cite them?
[42:33.400 --> 42:34.400]  The court will ignore them.
[42:34.400 --> 42:39.120]  The court will do whatever they want to.
[42:39.120 --> 42:42.120]  But it gets better.
[42:42.120 --> 42:49.920]  In the immigrant mortgage company case, the Carizmara, they basically said that you don't
[42:49.920 --> 42:55.800]  even have to plead it, and they could modify the terms of the mortgage, and of course,
[42:55.800 --> 42:59.640]  they went to the Ham v. Taylor decision in that.
[42:59.640 --> 43:04.040]  So, you're saying that the judge can do the suesponte?
[43:04.040 --> 43:05.040]  Yes.
[43:05.040 --> 43:11.400]  For those who don't know, suesponte means the judge can just do it on his own volition.
[43:11.400 --> 43:18.000]  Yeah, and I would have never found that if I hadn't tried to look up what the attorney
[43:18.000 --> 43:23.400]  on the opposing side of this person's case had filed, and of course, that particular
[43:23.400 --> 43:28.720]  filing was rife with a bunch of amusing mistakes.
[43:28.720 --> 43:31.760]  That's the kind of thing that should get a motion for sanctions.
[43:31.760 --> 43:33.800]  Oh, yes, yes.
[43:33.800 --> 43:39.040]  That will get an attorney in big trouble citing bad case law to the judge.
[43:39.040 --> 43:40.720]  That will not make the judge happy.
[43:40.720 --> 43:43.000]  Do you have anything else for us, Dan?
[43:43.000 --> 43:44.000]  Yes, I do.
[43:44.000 --> 43:45.000]  Okay.
[43:45.000 --> 43:47.220]  We will hang you over to the other side.
[43:47.220 --> 43:55.320]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Rule Law Radio, call-in number 512-646-1984.
[43:55.320 --> 43:57.520]  We'll be right back.
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[46:10.280 --> 46:25.780]  Thank you.
[46:25.780 --> 46:50.780]  I'm wishing for. When I'm hungry, I like to know just what I'm fishing for. I ain't asking for much, I ain't trying to be no glutton. I'm just here making my living pushing buttons. I give my message out to anyone who's shouting distance.
[46:50.780 --> 47:06.780]  Both for bravery and against slavery, showing resistance. First I'm crawling, then I'm walking, then I start strutting. I'm just so glad to make my living pushing buttons.
[47:06.780 --> 47:28.780]  Whoa. Whoa. Yeah. We sat down to play Monopoly. We all wanted to win the game. We gave some guy this money supply. We must have not been thinking this way.
[47:28.780 --> 47:36.780]  All right, folks, we're back. All right, we're talking with Dan in Connecticut. Okay, Dan, please continue.
[47:36.780 --> 47:52.780]  Well, these two other particular cases that I found are very interesting, and you guys are probably familiar with how people have tried to submit payments for their mortgages, but the mortgage companies have either refused to take them or refused to accept them or otherwise.
[47:52.780 --> 48:04.780]  And of course, these are also both off of Lexus. The first decision is in Bank Boston v. Pruitt. The second decision is Bankers Trust Company versus Mednik.
[48:04.780 --> 48:13.780]  And in both cases, what had happened is the person who had taken out the mortgage had tried to pay the mortgage company, but the mortgage company didn't accept it.
[48:13.780 --> 48:23.780]  And the court in both cases actually ruled that although the companies that created the mortgage didn't accept it, that was in fact a payment.
[48:23.780 --> 48:30.780]  So they made a good-faith effort to make good on it, but they just went ahead and tried to foreclose anyway.
[48:30.780 --> 48:43.780]  That goes right along with Uniform Commercial Code. Payment offered is payment made. If they don't accept it under the Uniform Commercial Code, it's paid anyway.
[48:43.780 --> 48:56.780]  And that was probably the grounds under which the court made the ruling. You're probably familiar with that, aren't you, Dan?
[48:56.780 --> 49:07.780]  Yeah, yeah. It made perfect sense, but I was just amazed that I could find so much information just based on a simple attorney's mistake.
[49:07.780 --> 49:21.780]  Because once he'd made the initial mistake by citing Connecticut General Practice Book 378, which doesn't exist, I called into question everything else he had cited, and I looked through it, and I found a gold mine.
[49:21.780 --> 49:32.780]  So if there's any one thing I could suggest to your listeners, it's look up all of the citations. You'll be amazed at what you find.
[49:32.780 --> 49:38.780]  And you will be amazed at how sloppy the attorneys on the other side are.
[49:38.780 --> 50:05.780]  I have a friend in Dallas who beat an IRS case on an IRS lien case. He couldn't find any case law on point, so he read their motion, checked the case law in the motion, and the paragraph the attorneys had cited was an example of what not to do.
[50:05.780 --> 50:15.780]  He said he read this and almost couldn't believe it, and he used the case for his side and won the issue.
[50:15.780 --> 50:26.780]  So that's what me and Eddie say, always check the case law. Never trust the case law. Eddie, what was the one that went to the Supreme Court?
[50:26.780 --> 50:28.780]  Oh, Lordy, Randy, there's been so many.
[50:28.780 --> 50:39.780]  Well, the one that the Supreme Court quoted the citation, but the case wasn't about that issue.
[50:39.780 --> 50:43.780]  I don't know. I've got several on that point.
[50:43.780 --> 50:45.780]  It was on right to travel.
[50:45.780 --> 50:46.780]  Do you remember what the subject matter was?
[50:46.780 --> 50:50.780]  It was on right to travel. Spanish name.
[50:50.780 --> 50:58.780]  But anyway, it appeared as though they quoted this citation, and we looked at it and thought about it and wondered, how could that happen?
[50:58.780 --> 51:04.780]  That the Supreme Court is quoting the citation, and it doesn't exist.
[51:04.780 --> 51:06.780]  And I think I understand how it happened.
[51:06.780 --> 51:13.780]  You have a prominent, well-known, well-respected attorney. He finds exactly the quotation that he needs.
[51:13.780 --> 51:21.780]  He gives it to his paralegal in an outline of the motion. The paralegal prepares the motion and gets the wrong case cited.
[51:21.780 --> 51:30.780]  The judge gets the motion, trusts learned counsel, accepts the citation without checking it, rules on it.
[51:30.780 --> 51:35.780]  There's an appeal. The Court of Appeals doesn't catch the false citation.
[51:35.780 --> 51:41.780]  It winds up going up the chain, and it was the wrong case.
[51:41.780 --> 51:45.780]  This is the kind of thing that can get an attorney in big trouble.
[51:45.780 --> 51:54.780]  If the Court of Appeals had caught that and came back to this judge and said, what are you doing ruling on this bogus crapola?
[51:54.780 --> 52:00.780]  This attorney's got a problem. The judge is not going to be happy.
[52:00.780 --> 52:08.780]  Yeah. Well, speaking of ruling on bogus crapola, what was it you and I looked at today regarding the suing of municipalities in Texas?
[52:08.780 --> 52:11.780]  Yes. What was the statute?
[52:11.780 --> 52:28.780]  The statute is Chapter 51 Local Government Code, where the legislature in 1987 said unequivocally, absolutely, that a city, a municipality, can sue and be sued.
[52:28.780 --> 52:44.780]  They can emplee and be empleaded. The stupid Texas Supreme Court said that the words sue and empleed are not clear language that would waive immunity from suit.
[52:44.780 --> 52:53.780]  It says right there in the statute that they may be sued for relief in any court of this state.
[52:53.780 --> 53:01.780]  It says it right there in the statute, and the stupid courts say, well, sue doesn't necessarily mean they can be sued.
[53:01.780 --> 53:05.780]  It's not clear what that actually means. These are judges, people.
[53:05.780 --> 53:17.780]  Now, if you think for one minute I am going to trust a judge to render an honest opinion just because they sit in the higher court, think again.
[53:17.780 --> 53:25.780]  Now, they ruled this in the case that Randy gave me in 2006.
[53:25.780 --> 53:36.780]  I mean, obviously, we've got several people that qualify for the Dustin Hoffman role of Rain Man sitting in these higher courts.
[53:36.780 --> 53:40.780]  Oh, I've got to go see Judge Wapner, Judge Wapner. Oh, 50 raindrops, 50 raindrops.
[53:40.780 --> 53:49.780]  And these people are ruling on these cases. It's ridiculous. All right, I'm done.
[53:49.780 --> 53:52.780]  Okay, you're done, Randy.
[53:52.780 --> 54:04.780]  I've only got one thing to say to that. If you don't have case law in your state, you can always go to case law in sister states such as Washington,
[54:04.780 --> 54:14.780]  the Supreme Court of Washington, as a matter of fact, State v. Bensa-Vegna. That would be case number 666-05-9.
[54:14.780 --> 54:22.780]  A presumption is only permissible when no more than one conclusion can be drawn from any set of circumstances.
[54:22.780 --> 54:30.780]  An inference should not arise where exists other reasonable circumstances that would otherwise fall under circumstances.
[54:30.780 --> 54:39.780]  So if you can only draw one possible conclusion from what the other side has said, namely, you have no authority to do this,
[54:39.780 --> 54:48.780]  then pretty much you can make that presumption. And that's exactly what the person in this case is going to do.
[54:48.780 --> 54:58.780]  Good. Okay, and this is an important point. Don't trust the law the attorneys on the other side give you.
[54:58.780 --> 55:04.780]  Or that the judge uses, or hell, that anybody uses.
[55:04.780 --> 55:12.780]  Check it yourself. And you'll find, like Dan has found, it's actually interesting reading case law.
[55:12.780 --> 55:22.780]  I actually enjoy it because I find all kinds of really interesting stuff, and they're generally relatively well written.
[55:22.780 --> 55:32.780]  I like that part as well. And when you're researching a particular subject, you read a piece of case law,
[55:32.780 --> 55:40.780]  they will address all of the issues around that subject, and then go to the focused issue they're rendering the ruling on.
[55:40.780 --> 55:48.780]  Well, after you've read two or three cases on an issue, you pretty well become pretty well rounded in the issue you're talking about,
[55:48.780 --> 55:57.780]  unless you see the same issues being brought up over and over. So it's a real good way to get up to speed on an issue.
[55:57.780 --> 56:01.780]  Okay, do you have any more questions or comments, Dan?
[56:01.780 --> 56:09.780]  Just one more comment. We actually work from a distinct advantage. We're actually interested and vested in the thing that we're talking about.
[56:09.780 --> 56:15.780]  And if you've called into this network or you've listened to it, you enjoy doing this.
[56:15.780 --> 56:22.780]  One time I mentioned to an attorney, you know, hey, you should look up this case, and I mentioned that I actually read case law for fun,
[56:22.780 --> 56:29.780]  and he kind of looked at me like I was crazy. So that's what we're dealing with here.
[56:29.780 --> 56:39.780]  We're actually engaged and entertained even, just by seeing what we can do and how many different ways we could look at an issue.
[56:39.780 --> 56:45.780]  So, yeah, play that advantage, and above all, enjoy it, win or lose.
[56:45.780 --> 56:51.780]  You know, you've got nothing to lose in the long run by just learning more as much as you can.
[56:51.780 --> 56:57.780]  Exactly. Thank you, Dan, for your excellent sage advice.
[56:57.780 --> 57:03.780]  No, thank you. You have taught me to be an excellent plagiarist, and I can never thank you enough.
[57:03.780 --> 57:07.780]  Thanks for calling, Dan. Have a good night.
[57:07.780 --> 57:08.780]  You too.
[57:08.780 --> 57:11.780]  All right. We're going to bring on Mary from Texas now.
[57:11.780 --> 57:14.780]  Mary, thanks for calling in. What's on your mind tonight?
[57:14.780 --> 57:17.780]  Just wanted to thank you, Debbie, for all the work that you do.
[57:17.780 --> 57:21.780]  Oh, thank you, Mary. You're welcome.
[57:21.780 --> 57:24.780]  I really appreciate Rule of Law Radio Network.
[57:24.780 --> 57:29.780]  Oh, I'm so glad. We're here for y'all.
[57:29.780 --> 57:45.780]  I've been learning a bunch, and I've been inspired, like the previous guest said, to actually be interested in what I initially thought would be very boring study.
[57:45.780 --> 57:48.780]  Well, she's done more than have a passing interest.
[57:48.780 --> 57:52.780]  Mary is a heck of an organizer. She's a heck of an instigator, too.
[57:52.780 --> 57:57.780]  Yeah, she organizes the jurisdictionary meetings every Tuesday night at Brave New Books,
[57:57.780 --> 58:04.780]  and Mary, you helped get Eddie's weekly Saturday classes started, too, as well.
[58:04.780 --> 58:10.780]  And she's an active part of VoteRescue.org as well.
[58:10.780 --> 58:12.780]  I just talked to Vicki.
[58:12.780 --> 58:14.780]  Oh, that's great.
[58:14.780 --> 58:17.780]  Okay. Do you have any more comments on the other side, Mary?
[58:17.780 --> 58:19.780]  I got about three more quick ones.
[58:19.780 --> 58:23.780]  Okay. All right. Stay there, Mary. We're about to go to the top of the hour break.
[58:23.780 --> 58:28.780]  All right. When we get back, we're going to speak some more with Mary from Texas. Mary from Austin, good friend of ours.
[58:28.780 --> 58:32.780]  And then we've got Kathy from Missouri and Brian from Minnesota.
[58:32.780 --> 58:36.780]  We've got one more hour, folks, in our 4-hour Friday info marathon.
[58:36.780 --> 58:41.780]  So we'd like to call in 512-646-1984.
[58:41.780 --> 58:46.780]  The answer to 1984 is 1776 and Rule of Law Radio, I might add.
[58:46.780 --> 58:59.780]  So call in 512-646-1984. We will be right back, folks.
[58:59.780 --> 59:03.780]  The Bible remains the most popular book in the world,
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[59:59.780 --> 01:00:03.780]  This news brief brought to you by The International News Network.
[01:00:03.780 --> 01:00:08.780]  In Libya, at least 30 civilians were killed Friday after pro-Gaddafi forces
[01:00:08.780 --> 01:00:14.780]  attempted to retake the town of Azawiyah, the closest rebel-held territory to the capital Tripoli,
[01:00:14.780 --> 01:00:16.780]  and the site of an oil refinery.
[01:00:16.780 --> 01:00:20.780]  Poorly equipped and untrained rebel fighters vowed victory or death
[01:00:20.780 --> 01:00:25.780]  in their revolution against Muammar Gaddafi's 41-year rule.
[01:00:25.780 --> 01:00:31.780]  Israeli officials said Thursday a peace deal with the Palestinians cannot be reached right now.
[01:00:31.780 --> 01:00:35.780]  However, with popular protests shaking up the Mideast,
[01:00:35.780 --> 01:00:40.780]  Prime Minister Benjamin Netanyahu is under fierce international pressure
[01:00:40.780 --> 01:00:44.780]  to prove he's serious about peacemaking following the U.S. veto
[01:00:44.780 --> 01:00:50.780]  of a U.N. Security Council resolution condemning Israel's West Bank settlement construction.
[01:00:50.780 --> 01:00:58.780]  Meanwhile, Palestinians have launched a campaign to seek international recognition of Palestinian statehood.
[01:00:58.780 --> 01:01:03.780]  Andrew Warren, a former CIA spy, has been sentenced to five and a half years in jail
[01:01:03.780 --> 01:01:06.780]  for drugging and sexually abusing an Algerian woman.
[01:01:06.780 --> 01:01:11.780]  U.S. District Judge Ellen Hoover said Warren seemed to think he could get away with the crime
[01:01:11.780 --> 01:01:15.780]  because he had diplomatic immunity and his victim was a married Muslim
[01:01:15.780 --> 01:01:20.780]  who would be unlikely to report the crime for fear of becoming an outcast.
[01:01:20.780 --> 01:01:26.780]  A Republican-backed measure to restrict the collective bargaining rights of 350,000 teachers,
[01:01:26.780 --> 01:01:30.780]  firefighters, police officers, and other public employees
[01:01:30.780 --> 01:01:33.780]  leaked through the Ohio Senate by one vote.
[01:01:33.780 --> 01:01:36.780]  Firefighters and teachers shouted shame in the chamber
[01:01:36.780 --> 01:01:40.780]  as the legislation was approved and moved to the GOP-controlled House
[01:01:40.780 --> 01:01:43.780]  where it was likely to receive strong support.
[01:01:43.780 --> 01:01:48.780]  The bill is similar to the Republican anti-union legislation in Wisconsin
[01:01:48.780 --> 01:01:50.780]  that has sparked heated national debate.
[01:01:50.780 --> 01:01:55.780]  Wisconsin's bill exempts police and firefighters from collective bargaining restrictions,
[01:01:55.780 --> 01:01:57.780]  while Ohio's does not.
[01:01:57.780 --> 01:02:04.780]  The Ohio bill would ban strikes by public workers and impose penalties for those who walk out.
[01:02:04.780 --> 01:02:08.780]  Thousands of protesters massed in cities and towns across Iraq Friday
[01:02:08.780 --> 01:02:13.780]  for rallies against corruption, unemployment, and poor public services.
[01:02:13.780 --> 01:02:16.780]  Galvanized by uprisings in Egypt and Tunisia,
[01:02:16.780 --> 01:02:19.780]  demonstrations have been taking place in Iraq for the past month,
[01:02:19.780 --> 01:02:23.780]  with protesters decrying a lack of improvement in their daily lives
[01:02:23.780 --> 01:02:30.780]  eight years after the U.S.-led invasion that ousted Saddam, allegedly to bring democracy to Iraq.
[01:02:30.780 --> 01:02:36.780]  At least 29 people were killed in rallies last week by security forces and 300 detained.
[01:02:36.780 --> 01:02:42.780]  Organizers dubbed Friday a day of regret to mark one year since parliamentary elections.
[01:02:42.780 --> 01:02:44.780]  In Baghdad, protesters chanted,
[01:02:44.780 --> 01:02:47.780]  Oil for the people, not for the thieves.
[01:02:47.780 --> 01:02:52.780]  Demonstrators were each frisked at least three times before being allowed to enter Tahrir Square.
[01:02:52.780 --> 01:02:56.780]  Riyadh Abdullah, who walked three hours to get to the square, said,
[01:02:56.780 --> 01:03:23.780]  We are fighting for freedom and real democracy.
[01:03:26.780 --> 01:03:42.780]  All right, story for everyone, how we're not going to give in to the fear.
[01:03:42.780 --> 01:03:49.780]  We will occupy our Father's house, our Father Jehovah, Jesus our Savior.
[01:03:49.780 --> 01:03:53.780]  We will occupy his house till he returns. We are not giving in to the fear.
[01:03:53.780 --> 01:03:56.780]  We are doing the best we can to be good stewards until he returns.
[01:03:56.780 --> 01:04:01.780]  Here on Rule of Law Radio, we are speaking with Mary in Texas.
[01:04:01.780 --> 01:04:03.780]  Okay, Mary, go ahead.
[01:04:03.780 --> 01:04:09.780]  Hi, y'all. So I wanted to ask about Eddie's brand new books lecture tomorrow night.
[01:04:09.780 --> 01:04:13.780]  Are you having a free lecture from seven to nine also?
[01:04:13.780 --> 01:04:18.780]  Yeah, we have the regular one from three to six, and then from seven to nine,
[01:04:18.780 --> 01:04:23.780]  we will continue on with the general public coming in where we will try to bring them up to speed
[01:04:23.780 --> 01:04:28.780]  on what we're doing, why we're doing it, and why it's important to get involved in it.
[01:04:28.780 --> 01:04:34.780]  And then let's see if we can make the Saturday seminar classes grow and the knowledge base with it.
[01:04:34.780 --> 01:04:36.780]  Awesome.
[01:04:36.780 --> 01:04:39.780]  Yeah, the reason we need to do this, people, is remember,
[01:04:39.780 --> 01:04:44.780]  if we can start getting the numbers up that resist what these municipal courts are doing,
[01:04:44.780 --> 01:04:51.780]  we can actually make the system so expensive and time-consuming that it becomes unprofitable.
[01:04:51.780 --> 01:04:56.780]  If we make it unprofitable, it will have no choice but to collapse.
[01:04:56.780 --> 01:04:58.780]  Let's make that happen.
[01:04:58.780 --> 01:05:00.780]  Awesome.
[01:05:00.780 --> 01:05:04.780]  So tomorrow from three to six, you'll be having your normal due process group,
[01:05:04.780 --> 01:05:07.780]  and then from seven tonight, brand new books lecture series.
[01:05:07.780 --> 01:05:08.780]  That's free.
[01:05:08.780 --> 01:05:11.780]  That's it.
[01:05:11.780 --> 01:05:18.780]  I wanted to thank everybody that came out and watched Carolyn Barnes' court case last Monday.
[01:05:18.780 --> 01:05:20.780]  It looks like she might be in kind of deep.
[01:05:20.780 --> 01:05:23.780]  She's been helping people in Williamson County.
[01:05:23.780 --> 01:05:28.780]  She's an attorney, and it looks like they're coming back on her in retaliation,
[01:05:28.780 --> 01:05:30.780]  to the best of my understanding.
[01:05:30.780 --> 01:05:33.780]  It looks like her next court case is June 13th.
[01:05:33.780 --> 01:05:38.780]  Call Eddie or me or Randy, I guess, and we could be able to keep you up to pace
[01:05:38.780 --> 01:05:43.780]  with the attorney Carolyn Barnes' case in Williamson County.
[01:05:43.780 --> 01:05:48.780]  I want to refer to Judge Statman, who was presiding over the last trial
[01:05:48.780 --> 01:05:53.780]  in Mike Handel's PSA APD case with a water bottle.
[01:05:53.780 --> 01:05:56.780]  She forbade the press to come in on Friday.
[01:05:56.780 --> 01:06:03.780]  I called YNN News 8 as a last resort, and I have not completed a judicial conduct complaint.
[01:06:03.780 --> 01:06:06.780]  And Eddie, I was wondering if you could kind of briefly walk me through what I need to do
[01:06:06.780 --> 01:06:11.780]  to make a judicial conduct complaint on Judge Statman and the Austin Municipal Court
[01:06:11.780 --> 01:06:18.780]  for disbarring any press with or without electronics.
[01:06:18.780 --> 01:06:20.780]  She wouldn't let him in.
[01:06:20.780 --> 01:06:27.780]  Randy, do you have a judicial conduct complaint set up yet or just the bar grievances on your site?
[01:06:27.780 --> 01:06:34.780]  I have judicialconduct.com up, and I have Texas up on it.
[01:06:34.780 --> 01:06:35.780]  Okay.
[01:06:35.780 --> 01:06:38.780]  So you can go in there, fill it out.
[01:06:38.780 --> 01:06:41.780]  I think I've got the submit button programmed in.
[01:06:41.780 --> 01:06:43.780]  I'll have to check in the morning.
[01:06:43.780 --> 01:06:44.780]  Just in there.
[01:06:44.780 --> 01:06:49.780]  Go to Randy's site and try that, and if it does not work, then give me a holler
[01:06:49.780 --> 01:06:51.780]  and I'll give you an actual physical form.
[01:06:51.780 --> 01:06:54.780]  Somebody, if you need it, send me an email and I'll send you the form.
[01:06:54.780 --> 01:06:55.780]  The form works.
[01:06:55.780 --> 01:06:56.780]  Okay.
[01:06:56.780 --> 01:07:01.780]  If I have the submit button in in the morning, you hit submit and it sends it to me,
[01:07:01.780 --> 01:07:07.780]  and then you save it, you just hit file save and save it to your machine,
[01:07:07.780 --> 01:07:08.780]  and then you can print it right out.
[01:07:08.780 --> 01:07:12.780]  Well, is there anything I need to know to make the complaint better,
[01:07:12.780 --> 01:07:15.780]  like referring to actual law or statutes or constitutional?
[01:07:15.780 --> 01:07:16.780]  No.
[01:07:16.780 --> 01:07:19.780]  The only thing you need to refer to are the canons.
[01:07:19.780 --> 01:07:25.780]  I mean, yeah, the canons of judicial ethics, and there's a link to them in there.
[01:07:25.780 --> 01:07:27.780]  Oh, perfect.
[01:07:27.780 --> 01:07:31.780]  Also, I want to challenge all the listeners, at least in Texas,
[01:07:31.780 --> 01:07:35.780]  to come out to the legislature and come meet the committee members
[01:07:35.780 --> 01:07:40.780]  of the issues you're concerned with or your normal representatives.
[01:07:40.780 --> 01:07:42.780]  Schedule time to meet with them.
[01:07:42.780 --> 01:07:47.780]  Give them some basic handouts and a letter.
[01:07:47.780 --> 01:07:50.780]  Come meet your officials and come educate them.
[01:07:50.780 --> 01:07:54.780]  A lot of us are highly educated, and we need to extend our knowledge,
[01:07:54.780 --> 01:07:59.780]  especially to the politicians, and some are very interested.
[01:07:59.780 --> 01:08:02.780]  David Simpson is very interested in what we're doing.
[01:08:02.780 --> 01:08:04.780]  He reminds me of Ron Paul.
[01:08:04.780 --> 01:08:07.780]  He's a freshman in the legislature here in Texas.
[01:08:07.780 --> 01:08:12.780]  Please go up there and meet these people and meet the committee members
[01:08:12.780 --> 01:08:15.780]  and educate them as well as let your opinion be known.
[01:08:15.780 --> 01:08:18.780]  And thank you again, Debbie.
[01:08:18.780 --> 01:08:19.780]  All right, thank you.
[01:08:19.780 --> 01:08:22.780]  Thank you for everything that you do, Mary.
[01:08:22.780 --> 01:08:23.780]  My pleasure.
[01:08:23.780 --> 01:08:26.780]  All right.
[01:08:26.780 --> 01:08:28.780]  Okay, we're going to go now to Kathy in Missouri.
[01:08:28.780 --> 01:08:31.780]  After that, we've got open phone lines.
[01:08:31.780 --> 01:08:36.780]  We've got almost an hour left, so call in, folks, 512-646-1984.
[01:08:36.780 --> 01:08:38.780]  Kathy in Missouri, thanks for calling in.
[01:08:38.780 --> 01:08:40.780]  What's on your mind tonight?
[01:08:40.780 --> 01:08:41.780]  Oh, not much.
[01:08:41.780 --> 01:08:45.780]  Hi, Randy, how are you doing tonight?
[01:08:45.780 --> 01:08:46.780]  I'm good.
[01:08:46.780 --> 01:08:47.780]  I'm here.
[01:08:47.780 --> 01:08:48.780]  I'm doing real good.
[01:08:48.780 --> 01:08:49.780]  I missed the mute button.
[01:08:49.780 --> 01:08:50.780]  Oh, that's okay.
[01:08:50.780 --> 01:08:55.780]  I have found a couple of new articles concerning those judges that I went against
[01:08:55.780 --> 01:08:58.780]  fighting my foreclosure here in St. Louis.
[01:08:58.780 --> 01:09:02.780]  And basically, in one case, they would have cost this company like $43 million
[01:09:02.780 --> 01:09:07.780]  if they hadn't continued to appeal the fact that when he dismissed their case,
[01:09:07.780 --> 01:09:09.780]  that he didn't have jurisdiction to do so,
[01:09:09.780 --> 01:09:16.780]  and he should have remanded it back to state court, that Barry Shermer here in St. Louis.
[01:09:16.780 --> 01:09:19.780]  Did they go after the judge at all?
[01:09:19.780 --> 01:09:24.780]  No, not that I'm aware of, but he was required to have sent it back to state court.
[01:09:24.780 --> 01:09:25.780]  He did not.
[01:09:25.780 --> 01:09:29.780]  I can't figure out for sure if they went after him, but from what I see, they have not.
[01:09:29.780 --> 01:09:36.780]  Yeah, generally, they're afraid to go after him, and that's what pro-says are for.
[01:09:36.780 --> 01:09:37.780]  We need to go after them.
[01:09:37.780 --> 01:09:39.780]  We haven't heard from you in a while.
[01:09:39.780 --> 01:09:41.780]  Well, because I'm baffled over here.
[01:09:41.780 --> 01:09:45.780]  I'm stuck.
[01:09:45.780 --> 01:09:47.780]  Plus, I've been doing a lot of research, because I think I told you,
[01:09:47.780 --> 01:09:51.780]  I found out that my family was one of the oldest banker families in the country,
[01:09:51.780 --> 01:09:54.780]  and they were actually in business with Abe Lincoln at one point in time.
[01:09:54.780 --> 01:09:56.780]  Interesting.
[01:09:56.780 --> 01:09:58.780]  And I found out that of the four bank members,
[01:09:58.780 --> 01:10:02.780]  my family member was the only one who wasn't killed off,
[01:10:02.780 --> 01:10:04.780]  and one was best friends with Abe Lincoln.
[01:10:04.780 --> 01:10:07.780]  His name was John Calhoun, and the other one was an attorney here in Missouri
[01:10:07.780 --> 01:10:09.780]  by the name of James Nelson Barnes,
[01:10:09.780 --> 01:10:15.780]  and another one was a guy that was a furniture manufacturer down there in St. Joe,
[01:10:15.780 --> 01:10:17.780]  and his name was Louis Hax,
[01:10:17.780 --> 01:10:25.780]  but I found out that they tried to keep this from my family for like the last 80 years.
[01:10:25.780 --> 01:10:27.780]  It's not just a matter of mere coincidence.
[01:10:27.780 --> 01:10:30.780]  I don't think the way I've been treated was everything for trying to stop it.
[01:10:30.780 --> 01:10:31.780]  You know what I mean?
[01:10:31.780 --> 01:10:32.780]  Yes.
[01:10:32.780 --> 01:10:34.780]  Because I honestly think that they knew exactly who I am
[01:10:34.780 --> 01:10:39.780]  because of the actions that I put up with with that manager that I had.
[01:10:39.780 --> 01:10:41.780]  I kind of filled you in on some of it before.
[01:10:41.780 --> 01:10:47.780]  Yes. Kathy worked for, who was it, Chase?
[01:10:47.780 --> 01:10:50.780]  I actually worked for National Asset Recovery Services,
[01:10:50.780 --> 01:10:53.780]  and I represented Chase in City Financial.
[01:10:53.780 --> 01:10:56.780]  And what I found out just last year is that the company,
[01:10:56.780 --> 01:10:58.780]  that was their board of directors,
[01:10:58.780 --> 01:11:03.780]  two of the foreclosure trustees that are over 35 of the top law firms in the United States,
[01:11:03.780 --> 01:11:08.780]  and they're being questioned everywhere but here in Missouri.
[01:11:08.780 --> 01:11:13.780]  And actually I had another judge that recused on my case when I tried to sue Judge Shermer.
[01:11:13.780 --> 01:11:17.780]  And this particular judge, I found another case like last year
[01:11:17.780 --> 01:11:20.780]  that he actually ended up ruling in favor of MERS.
[01:11:20.780 --> 01:11:22.780]  You see, in my case, I didn't go after MERS.
[01:11:22.780 --> 01:11:27.780]  I went after the bank initially when I did my adversary
[01:11:27.780 --> 01:11:32.780]  because MERS to me is just a byproduct of what the servicer is putting out there for the trustee.
[01:11:32.780 --> 01:11:38.780]  The only time it's appropriate to go after MERS is if MERS attempts to do the foreclosure.
[01:11:38.780 --> 01:11:41.780]  Otherwise, MERS is essentially irrelevant.
[01:11:41.780 --> 01:11:44.780]  Well, that's true too, but here's the thing.
[01:11:44.780 --> 01:11:47.780]  They never brought MERS out in my case, so I didn't attack MERS,
[01:11:47.780 --> 01:11:52.780]  but the attorneys that put the information into my case are MERS attorneys.
[01:11:52.780 --> 01:11:56.780]  Well, it doesn't matter as long as they're not representing MERS.
[01:11:56.780 --> 01:11:58.780]  No, they represent MERS in other cases.
[01:11:58.780 --> 01:12:00.780]  They just didn't put MERS down on my case.
[01:12:00.780 --> 01:12:05.780]  So then MERS becomes irrelevant.
[01:12:05.780 --> 01:12:09.780]  Actually, my brother asked me about this just the other day,
[01:12:09.780 --> 01:12:13.780]  why I didn't have MERS named in the action.
[01:12:13.780 --> 01:12:16.780]  I said, well, it doesn't matter.
[01:12:16.780 --> 01:12:19.780]  We're going after the servicer.
[01:12:19.780 --> 01:12:20.780]  Right.
[01:12:20.780 --> 01:12:26.780]  Whoever is the one who's trying to do the foreclosure
[01:12:26.780 --> 01:12:32.780]  and what the lawyers on the other side have been doing is filing Rule 12 motion saying,
[01:12:32.780 --> 01:12:34.780]  well, statute of limitations applies.
[01:12:34.780 --> 01:12:38.780]  We're not responsible for the actions of the lender.
[01:12:38.780 --> 01:12:43.780]  We have no fiduciary duty to the borrower and all this nonsense.
[01:12:43.780 --> 01:12:52.780]  So what we're saying is that with each demand for payment, there is a new tort.
[01:12:52.780 --> 01:12:57.780]  Each demand for payment demands payment of amounts that are above
[01:12:57.780 --> 01:13:01.780]  and beyond the amounts the borrower actually owes.
[01:13:01.780 --> 01:13:06.780]  They contain amounts secured from the borrower by fraud
[01:13:06.780 --> 01:13:11.780]  and that the servicer, acting in his own capacity,
[01:13:11.780 --> 01:13:18.780]  acted to further the intended harmful effect of the fraud
[01:13:18.780 --> 01:13:25.780]  and is therefore responsible for the fraud in his own right by his own actions.
[01:13:25.780 --> 01:13:31.780]  And the last tort, each demand for payment is a separate tort.
[01:13:31.780 --> 01:13:36.780]  So neither latches, which is statute of limitations, apply.
[01:13:36.780 --> 01:13:42.780]  Neither do we need to make him responsible for the acts of the other actors
[01:13:42.780 --> 01:13:44.780]  because of vicarious liability,
[01:13:44.780 --> 01:13:51.780]  since it was the intent of the servicer to cause the ultimate harm intended by the fraud,
[01:13:51.780 --> 01:13:53.780]  which was foreclosure.
[01:13:53.780 --> 01:13:56.780]  And foreclosure is an undivisible harm.
[01:13:56.780 --> 01:14:03.780]  It cannot be divided up into relative responsibility among all the actors.
[01:14:03.780 --> 01:14:09.780]  Any one actor can be held responsible for the entire harm.
[01:14:09.780 --> 01:14:11.780]  Gotcha.
[01:14:11.780 --> 01:14:12.780]  Sounds good.
[01:14:12.780 --> 01:14:14.780]  So how do you hold him responsible?
[01:14:14.780 --> 01:14:17.780]  What type of claims do you do when you've done what I've done
[01:14:17.780 --> 01:14:22.780]  and I've faced the recusals instead of getting any help?
[01:14:22.780 --> 01:14:27.780]  That question was a multiple question.
[01:14:27.780 --> 01:14:30.780]  I'm not sure exactly what you were asking.
[01:14:30.780 --> 01:14:31.780]  Right.
[01:14:31.780 --> 01:14:35.780]  How can you, what can you do when the courts are corrupt?
[01:14:35.780 --> 01:14:36.780]  Yeah.
[01:14:36.780 --> 01:14:37.780]  That's what you're asking.
[01:14:37.780 --> 01:14:39.780]  Oh, yeah.
[01:14:39.780 --> 01:14:44.780]  I file judicial conduct complaints against the judges every time he moves.
[01:14:44.780 --> 01:14:50.780]  And if need be, file criminal charges with a local grand jury against the judge.
[01:14:50.780 --> 01:14:53.780]  But I got to have something typewritten to file charges, don't I?
[01:14:53.780 --> 01:14:54.780]  Yes.
[01:14:54.780 --> 01:14:58.780]  And that's what I need to put together, and I'm not good with what I've done.
[01:14:58.780 --> 01:14:59.780]  Let me explain how to do this.
[01:14:59.780 --> 01:15:01.780]  This is what this show is about.
[01:15:01.780 --> 01:15:02.780]  Okay.
[01:15:02.780 --> 01:15:07.780]  We explain a routine of how to set up the individual you're after.
[01:15:07.780 --> 01:15:10.780]  Essentially, we set up the prosecuting attorney.
[01:15:10.780 --> 01:15:12.780]  That's on the criminal side.
[01:15:12.780 --> 01:15:19.780]  You have, as a pro se, you have tools available to you that attorneys don't.
[01:15:19.780 --> 01:15:23.780]  No attorneys going after that judge.
[01:15:23.780 --> 01:15:26.780]  That'll end his professional career.
[01:15:26.780 --> 01:15:30.780]  But you don't have a bar card to worry about.
[01:15:30.780 --> 01:15:34.780]  Yeah, but they tried it in my career.
[01:15:34.780 --> 01:15:36.780]  I feel it's too just.
[01:15:36.780 --> 01:15:38.780]  Well, they can't disbar you.
[01:15:38.780 --> 01:15:39.780]  Right?
[01:15:39.780 --> 01:15:43.780]  So you can keep filing judicial conduct complaints until the cows come home.
[01:15:43.780 --> 01:15:45.780]  They can't do anything about it.
[01:15:45.780 --> 01:15:47.780]  Can't even mention it.
[01:15:47.780 --> 01:15:51.780]  Mike Handel just went to see his attorney against whom he had filed a bar grievance.
[01:15:51.780 --> 01:15:58.780]  And the attorney was livid, but he did not say one word about the bar grievance.
[01:15:58.780 --> 01:16:01.780]  In all the motions Mike had been trying to get him to file,
[01:16:01.780 --> 01:16:05.780]  all of a sudden he decided he would file them.
[01:16:05.780 --> 01:16:07.780]  They buggered him.
[01:16:07.780 --> 01:16:11.780]  I know where you live, and I know how to sting you good.
[01:16:11.780 --> 01:16:13.780]  And that was the worst part.
[01:16:13.780 --> 01:16:19.780]  Mike stung him good, and he couldn't negotiate with Mike.
[01:16:19.780 --> 01:16:21.780]  He couldn't say to Mike, why did you do that to me?
[01:16:21.780 --> 01:16:23.780]  Why didn't you just come talk to me?
[01:16:23.780 --> 01:16:28.780]  Once he files the bar grievance, the attorney's forbidden to say a word about it.
[01:16:28.780 --> 01:16:33.780]  You file a judicial conduct complaint against a judge, and he says one word about it?
[01:16:33.780 --> 01:16:35.780]  That's tampering with a witness.
[01:16:35.780 --> 01:16:38.780]  That's obstruction of justice.
[01:16:38.780 --> 01:16:40.780]  Well, see, they've already removed court documents.
[01:16:40.780 --> 01:16:41.780]  Okay, hold on, hold on.
[01:16:41.780 --> 01:16:42.780]  Don't do that.
[01:16:42.780 --> 01:16:43.780]  Don't do that.
[01:16:43.780 --> 01:16:44.780]  We'll talk about this when we come back.
[01:16:44.780 --> 01:16:46.780]  Don't jump into 30 different details.
[01:16:46.780 --> 01:16:47.780]  We'll get lost in that.
[01:16:47.780 --> 01:16:48.780]  Hold on.
[01:16:48.780 --> 01:16:49.780]  Okay.
[01:16:49.780 --> 01:16:50.780]  This is Randy Kelton.
[01:16:50.780 --> 01:16:51.780]  Deborah Stevens.
[01:16:51.780 --> 01:16:52.780]  Eddie Craig.
[01:16:52.780 --> 01:16:53.780]  Wheel of Law.
[01:16:53.780 --> 01:16:54.780]  Let Radio.
[01:16:54.780 --> 01:17:00.780]  We'll be right back.
[01:17:00.780 --> 01:17:04.780]  Coin and Bullion is your local source for rare coins, precious metals,
[01:17:04.780 --> 01:17:06.780]  and coin supplies in the Austin metro area.
[01:17:06.780 --> 01:17:08.780]  We also ship worldwide.
[01:17:08.780 --> 01:17:14.780]  We're a family-owned and operated business that offers competitive prices on your coin and metals purchases.
[01:17:14.780 --> 01:17:19.780]  Because of you, Austin, business has been so good that we've had to move to a new and bigger location.
[01:17:19.780 --> 01:17:27.780]  We're now located at 7304 Burnett Road Suite A, 1.2 miles north on Burnett from our previous location.
[01:17:27.780 --> 01:17:31.780]  We're on the west side of Burnett Road in the Stanley Insurance Building on the ground floor,
[01:17:31.780 --> 01:17:34.780]  next to the Ishuban Sushi and the Genie Car Wash.
[01:17:34.780 --> 01:17:38.780]  We're open Monday through Friday, 10 to 6, Saturdays 10 to 5.
[01:17:38.780 --> 01:17:44.780]  You're welcome to stop in during regular business hours or call 512-646-6440.
[01:17:44.780 --> 01:17:49.780]  Ask for Chad or Becky and say that you heard about us on the Wheel of Law Radio or Texas Liberty Radio.
[01:17:49.780 --> 01:17:55.780]  That's Capital Coin and Bullion at our new location at 7304 Burnett Road Suite A
[01:17:55.780 --> 01:17:59.780]  or call 512-646-6440.
[01:17:59.780 --> 01:18:03.780]  My name is Randall Kelton and I co-host on Rule of Law Radio.
[01:18:03.780 --> 01:18:08.780]  We specialize in showing people how to strike back against corrupt public officials.
[01:18:08.780 --> 01:18:15.780]  With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.
[01:18:15.780 --> 01:18:20.780]  If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.
[01:18:20.780 --> 01:18:21.780]  But there is a remedy.
[01:18:21.780 --> 01:18:29.780]  Go to remediesinrealestate.com or call me at 512-430-4140
[01:18:29.780 --> 01:18:36.780]  and find out how to use the Consumer Protection Laws to recover what the lenders have stolen through fraud and deception.
[01:18:36.780 --> 01:18:42.780]  We will prepare for you a qualified written request that will expose the fraud and put the lenders on the dime.
[01:18:42.780 --> 01:18:47.780]  Lender fraud is bankrupting this country and it's time to fight back.
[01:18:47.780 --> 01:18:54.780]  Go to remediesinrealestate.com or call 512-430-4140
[01:18:54.780 --> 01:19:18.780]  and get the information you need to stop the money changers in their tracks.
[01:19:24.780 --> 01:19:37.780]  Okay, this is Randy Kelton, Debbie Stevens and Craig of Rule of Law Radio.
[01:19:37.780 --> 01:19:39.780]  A call board is opening up.
[01:19:39.780 --> 01:19:45.780]  The call-in number is 512-646-1984.
[01:19:45.780 --> 01:19:49.780]  Call in and see if you can stump the chumps.
[01:19:49.780 --> 01:19:54.780]  Okay, Kathy, when we're going out, you're jumping into all the details.
[01:19:54.780 --> 01:20:01.780]  Remember, we're talking to a radio audience and they have no idea what you're talking about.
[01:20:01.780 --> 01:20:10.780]  I know a lot of bad things happen and it's hard for someone who's immersed in an issue to back out of it
[01:20:10.780 --> 01:20:17.780]  and look at it clinically because you keep going from one emotional high point to the next, to the next, to the next
[01:20:17.780 --> 01:20:23.780]  and you wind up just immersed in anger and frustration and unable to do anything.
[01:20:23.780 --> 01:20:25.780]  That's quite possibly.
[01:20:25.780 --> 01:20:33.780]  This is, I get this a lot and it's hard to back out and that's part of the reason why you tend to be ineffective
[01:20:33.780 --> 01:20:41.780]  is you don't back up and focus on what is my intended outcome.
[01:20:41.780 --> 01:20:48.780]  If you react and respond to what the other side does rather than back up and say,
[01:20:48.780 --> 01:20:58.780]  okay, they've done these things, how can I take what they've done and use that to lead me toward my intended outcome?
[01:20:58.780 --> 01:21:03.780]  If you do anything else, you'll be doing their little dance for them
[01:21:03.780 --> 01:21:08.780]  and this is one of the things we've addressed in the response to the Rule 12 motion.
[01:21:08.780 --> 01:21:14.780]  We get the suit in and you get the other side come back with a Rule 12 saying,
[01:21:14.780 --> 01:21:19.780]  well, we're not responsible for what the other party did.
[01:21:19.780 --> 01:21:23.780]  Statute limitations don't apply.
[01:21:23.780 --> 01:21:27.780]  We don't have a fiduciary duty to the borrower.
[01:21:27.780 --> 01:21:34.780]  And under Rule 12, we say irrelevant, not before the court.
[01:21:34.780 --> 01:21:41.780]  They're trying to get us to pick up the gauntlet they've thrown down for us.
[01:21:41.780 --> 01:21:45.780]  And we're saying irrelevant, doesn't make any difference.
[01:21:45.780 --> 01:21:53.780]  If statute of limitations is run, as told, then that is an affirmative defense to prosecution,
[01:21:53.780 --> 01:21:56.780]  but it is not a bar to prosecution.
[01:21:56.780 --> 01:22:01.780]  And in the Rule 12 motion, no one has brought the Rule 12 motion
[01:22:01.780 --> 01:22:05.780]  in the form of a challenge to subject matter jurisdiction.
[01:22:05.780 --> 01:22:12.780]  The only way you can bring statute of limitations in the Rule 12
[01:22:12.780 --> 01:22:17.780]  is with a challenge to subject matter jurisdiction, and they didn't do that.
[01:22:17.780 --> 01:22:22.780]  They did not file it, the Rule 12, as a special pleading,
[01:22:22.780 --> 01:22:27.780]  but they filed it as a general plea, as a general motion.
[01:22:27.780 --> 01:22:32.780]  So it's not a challenge to the subject matter jurisdiction, that's not their claim.
[01:22:32.780 --> 01:22:37.780]  So their issue of whether or not statute of limitations is run is irrelevant,
[01:22:37.780 --> 01:22:40.780]  it's not before the court.
[01:22:40.780 --> 01:22:46.780]  In the Rule 12 motion to dismiss, which these days, after Ashcroft-Homely,
[01:22:46.780 --> 01:22:53.780]  if you file a federal suit of any kind, you can expect the Rule 12 motion to dismiss.
[01:22:53.780 --> 01:23:01.780]  It's just going to come as a matter of course, because the Supreme changed the pleading standards.
[01:23:01.780 --> 01:23:07.780]  Now they claim that they did not intend to create a heightened pleading standard,
[01:23:07.780 --> 01:23:14.780]  only a different pleading standard, in that you could no longer just give a vague and general accusation.
[01:23:14.780 --> 01:23:23.780]  You had to state enough facts so that the other side could read your facts
[01:23:23.780 --> 01:23:32.780]  and be able to craft a defense to the accusations that you're making.
[01:23:32.780 --> 01:23:41.780]  So if you're filing a federal action, what we have done in this one is we went in
[01:23:41.780 --> 01:23:48.780]  and changed the language in the pleading wherein we said,
[01:23:48.780 --> 01:23:53.780]  plaintiff states as a fact that, and we state a fact.
[01:23:53.780 --> 01:23:55.780]  And then we go to the next fact.
[01:23:55.780 --> 01:24:01.780]  And if there's any place we state a conclusion, a legal conclusion or a legal opinion,
[01:24:01.780 --> 01:24:07.780]  we put in plaintiff, therefore plaintiff asserts and alleges that.
[01:24:07.780 --> 01:24:13.780]  So we mark them out as different because what the case law says is,
[01:24:13.780 --> 01:24:19.780]  if you have a legal opinion or conclusion, the judge can simply ignore it.
[01:24:19.780 --> 01:24:27.780]  So if you haven't marked out what you're alleging as a fact and as a conclusion,
[01:24:27.780 --> 01:24:31.780]  the judge will treat everything as a conclusion because they're corrupt.
[01:24:31.780 --> 01:24:33.780]  They want to toss your case.
[01:24:33.780 --> 01:24:41.780]  We rewrote it to stipulate the facts as facts very clearly so it can't be misinterpreted.
[01:24:41.780 --> 01:24:48.780]  Now, if the judge feels that one of our facts is really not a fact but a legal conclusion,
[01:24:48.780 --> 01:24:51.780]  then let him address that issue.
[01:24:51.780 --> 01:24:57.780]  But otherwise, under Rule 12, the only thing the judge is there to do
[01:24:57.780 --> 01:25:07.780]  or the only thing that is before the court is not whether we can win the case on the merits.
[01:25:07.780 --> 01:25:16.780]  It is rather or not the facts stated, if taken as true,
[01:25:16.780 --> 01:25:21.780]  would amount to a claim against the lender or the defendant.
[01:25:21.780 --> 01:25:23.780]  That's what's before the court.
[01:25:23.780 --> 01:25:28.780]  So used to you could just say they did this, that, or the other,
[01:25:28.780 --> 01:25:33.780]  and if what you said amounted to a claim, that was sufficient.
[01:25:33.780 --> 01:25:36.780]  Now they're saying you can't just say he did this, that, or other.
[01:25:36.780 --> 01:25:40.780]  You've got to say what he did, when he did, where he did it, and how he did it.
[01:25:40.780 --> 01:25:45.780]  And then if everything you've just said is taken as true,
[01:25:45.780 --> 01:25:48.780]  would that amount to a claim against the lender?
[01:25:48.780 --> 01:25:53.780]  And we say they filed false fees on the HUD-1 settlement statement.
[01:25:53.780 --> 01:25:59.780]  They lender, and the lender is named in the suit, filed false fees on the HUD-1 settlement statement.
[01:25:59.780 --> 01:26:08.780]  That the lender then took those false fees and paid them to the broker as a bribe in excess,
[01:26:08.780 --> 01:26:13.780]  as an undisclosed bribe in excess of the 1% loan origination fee
[01:26:13.780 --> 01:26:22.780]  allowed by the Real Estate Settlement Procedures Act for the purpose of inducing the broker
[01:26:22.780 --> 01:26:25.780]  to breach his fiduciary duty to the borrower.
[01:26:25.780 --> 01:26:30.780]  Now we state as a fact that he assessed the false fees,
[01:26:30.780 --> 01:26:37.780]  and he assessed those false fees at the closing table on the date of closing.
[01:26:37.780 --> 01:26:41.780]  And then we allege and assert that he used those as a bribe.
[01:26:41.780 --> 01:26:44.780]  That's our legal conclusion.
[01:26:44.780 --> 01:26:46.780]  That's not stated as a fact.
[01:26:46.780 --> 01:26:48.780]  The rest of it is stated as a fact.
[01:26:48.780 --> 01:26:56.780]  But however, if you accept as a fact that the lender assessed false fees
[01:26:56.780 --> 01:27:01.780]  that were excluded from being charged by law,
[01:27:01.780 --> 01:27:07.780]  would that give the plaintiff a claim against the lender?
[01:27:07.780 --> 01:27:13.780]  Well, that is absolutely clear and unequivocal.
[01:27:13.780 --> 01:27:16.780]  Yes, it would.
[01:27:16.780 --> 01:27:18.780]  And then we walk through each one that way.
[01:27:18.780 --> 01:27:27.780]  And frankly, in this suit, that's just for song and dance and seltzer down your pants, the false fees.
[01:27:27.780 --> 01:27:30.780]  That's not the real claim.
[01:27:30.780 --> 01:27:35.780]  The real claim is the standard, show me the note.
[01:27:35.780 --> 01:27:44.780]  And in that one, that's the one the lender really never wants to get in front of the court.
[01:27:44.780 --> 01:27:48.780]  That's why they filed the Rule 12 and fight the Rule 12 so hard,
[01:27:48.780 --> 01:27:56.780]  because once you're past Rule 12, we start going to the merits and get into discovery,
[01:27:56.780 --> 01:28:08.780]  and we ask the lender to prove up not only that he is the agent of the principle,
[01:28:08.780 --> 01:28:15.780]  but that the principle is in fact a true holder of the note.
[01:28:15.780 --> 01:28:17.780]  They're saying, produce the note.
[01:28:17.780 --> 01:28:26.780]  If they come in with a wedding signature note, now we want them to prove that that's the only one.
[01:28:26.780 --> 01:28:31.780]  How do we know that you haven't done like Bank of America did
[01:28:31.780 --> 01:28:40.780]  and produced 20 or 30 of those allegedly original notes and sold them all to China?
[01:28:40.780 --> 01:28:41.780]  Well, Randy, wait a minute.
[01:28:41.780 --> 01:28:43.780]  I have to ask you something here.
[01:28:43.780 --> 01:28:48.780]  How can you prove a negative that's against like all logic theory?
[01:28:48.780 --> 01:28:51.780]  You can't prove that you didn't do something.
[01:28:51.780 --> 01:28:54.780]  I mean, if somebody is going to make an allegation,
[01:28:54.780 --> 01:28:59.780]  the burden of proof is on the person making the allegation, making the accusation.
[01:28:59.780 --> 01:29:03.780]  The burden of proof is not on the defendant to prove that they didn't do it.
[01:29:03.780 --> 01:29:05.780]  The burden of proof is on the accuser.
[01:29:05.780 --> 01:29:15.780]  Prima facie, we can bring in a pattern of misconduct, a very well established pattern of misconduct.
[01:29:15.780 --> 01:29:24.780]  We can prove that the borrower and the lender engaged in illegal sale of securities.
[01:29:24.780 --> 01:29:26.780]  That opens the door.
[01:29:26.780 --> 01:29:36.780]  They conspired with MERS to bypass the public reporting requirements for the sale of securities.
[01:29:36.780 --> 01:29:41.780]  And that allowed them to sell the security over and over on a secondary market.
[01:29:41.780 --> 01:29:45.780]  And we have reason to believe they did just exactly that.
[01:29:45.780 --> 01:29:46.780]  Okay.
[01:29:46.780 --> 01:29:52.780]  Randy Kelton, Deborah Stevens, Eddie Craig, Wheel of Law Radio.
[01:29:52.780 --> 01:29:58.780]  Call in, call boards are open, we'll be right back on the other side.
[01:29:58.780 --> 01:30:03.780]  Are you concerned about rising food costs or uncertain how you will provide for your family in a crisis?
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[01:30:15.780 --> 01:30:20.780]  That's 512-294-8429 or find us at austincleanandclear.com.
[01:30:20.780 --> 01:30:22.780]  Becoming self-reliant doesn't have to be done alone.
[01:30:22.780 --> 01:30:25.780]  Call 512-294-8429.
[01:30:25.780 --> 01:30:29.780]  Don't wait until there's a crisis to start your crisis garden.
[01:30:29.780 --> 01:30:33.780]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:30:33.780 --> 01:30:36.780]  They guarantee the specific freedoms Americans should know and protect.
[01:30:36.780 --> 01:30:38.780]  Our liberty depends on it.
[01:30:38.780 --> 01:30:44.780]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember your First Amendment rights.
[01:30:44.780 --> 01:30:51.780]  Your search engine is watching you, recording all your searches and creating a massive database of your personal information.
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[01:31:14.780 --> 01:31:15.780]  Spar.
[01:31:15.780 --> 01:31:16.780]  It's what fighters do.
[01:31:16.780 --> 01:31:20.780]  It's also how I remember the five guarantees of the First Amendment.
[01:31:20.780 --> 01:31:23.780]  If you plan to take away my rights, I'm going to spar with you.
[01:31:23.780 --> 01:31:25.780]  SPAR with an extra P.
[01:31:25.780 --> 01:31:32.780]  S for speech, P for press, another P for petition, A for assembly, and R for religion.
[01:31:32.780 --> 01:31:37.780]  Most Americans are familiar with the First Amendment guarantees of free speech, press, assembly, and religion.
[01:31:37.780 --> 01:31:40.780]  But petition for redress is another matter.
[01:31:40.780 --> 01:31:44.780]  We have the right to petition the government for a redress of grievances.
[01:31:44.780 --> 01:31:51.780]  It means that if we're unhappy with what's going on in our government, we can spell out the reasons without fear of being thrown into jail.
[01:31:51.780 --> 01:31:52.780]  I'm Dr. Catherine Albrecht.
[01:31:52.780 --> 01:32:12.780]  For more news and information at CatherineAlbrecht.com.
[01:32:22.780 --> 01:32:32.780]  Okay.
[01:32:32.780 --> 01:32:34.780]  This is Randy Kelton, Deborah Stevens, Eddie Craig.
[01:32:34.780 --> 01:32:35.780]  We're on radio.
[01:32:35.780 --> 01:32:36.780]  We're back.
[01:32:36.780 --> 01:32:39.780]  And we're talking to Kathy from Missouri.
[01:32:39.780 --> 01:32:48.780]  Now, Kathy, I kind of went through all of that because now I want to know what you did in that line.
[01:32:48.780 --> 01:33:00.780]  What claims did you make against the borrower in your foreclosure issue?
[01:33:00.780 --> 01:33:10.780]  Well, I ended up having two, well, I guess maybe three separate actions because I had two Chapter 13s and I let them get dismissed on the two Chapter 13s
[01:33:10.780 --> 01:33:13.780]  because of the way that my attorney handled the first bankruptcy.
[01:33:13.780 --> 01:33:20.780]  He didn't think that it mattered that I had a way to pay my bills because I'm a banker and I need reliable bankers to do proper business.
[01:33:20.780 --> 01:33:26.780]  So in my second bankruptcy, I ended up filing an adversary right away.
[01:33:26.780 --> 01:33:27.780]  Okay.
[01:33:27.780 --> 01:33:31.780]  What was the nature of the adversarial proceeding?
[01:33:31.780 --> 01:33:34.780]  Well, it was because like in the first bankruptcy, they let the second lien holder come.
[01:33:34.780 --> 01:33:35.780]  No, no, no, no, no.
[01:33:35.780 --> 01:33:37.780]  That's not what I'm asking.
[01:33:37.780 --> 01:33:44.780]  Okay. What were the causes of action you claimed in the adversarial proceeding?
[01:33:44.780 --> 01:33:50.780]  I probably did FDCPA claims, but that makes no sense.
[01:33:50.780 --> 01:33:52.780]  Probably it's not good enough.
[01:33:52.780 --> 01:34:03.780]  If you're making a, you're filing an adversarial proceeding that's in the form of a counterclaim against a creditor, this is a, for those who don't know,
[01:34:03.780 --> 01:34:06.780]  this is an adversarial proceeding in a bankruptcy.
[01:34:06.780 --> 01:34:10.780]  Bankruptcy is generally considered non-adversarial.
[01:34:10.780 --> 01:34:16.780]  This is just the people coming before the court and saying, okay, we have these issues.
[01:34:16.780 --> 01:34:20.780]  We need you to help us sort these out.
[01:34:20.780 --> 01:34:30.780]  So you can file essentially a counterclaim in a bankruptcy proceeding in the form of an adversarial proceeding,
[01:34:30.780 --> 01:34:37.780]  but that's essentially a suit against the other party and in civil action,
[01:34:37.780 --> 01:34:46.780]  your claims must be made in the terms of causes of action, defined causes of action.
[01:34:46.780 --> 01:34:55.780]  Defined causes of action are to a civil action what penal statutes are to a criminal action.
[01:34:55.780 --> 01:35:09.780]  So, for instance, like breach of fiduciary duty, fraud, fraud by inducement, fraud by nondisclosure, negligence, these are defined causes of action.
[01:35:09.780 --> 01:35:33.780]  So if you didn't have any defined causes of action and if the regulatory statutes under or rules under which you made your claims did not provide a specific private right to action, then you had no claims.
[01:35:33.780 --> 01:35:35.780]  That's real important.
[01:35:35.780 --> 01:35:48.780]  So do you remember what the specific claim you made against the borrower was or the lender was?
[01:35:48.780 --> 01:35:51.780]  They never brought out the real party in interest.
[01:35:51.780 --> 01:35:57.780]  They put a proof of claim into the court to be paid knowing they did not know who owned my debt when they put it there.
[01:35:57.780 --> 01:35:59.780]  So that's a fraud upon the court.
[01:35:59.780 --> 01:36:02.780]  Were you in a 7 or 13?
[01:36:02.780 --> 01:36:03.780]  I was in a 13.
[01:36:03.780 --> 01:36:14.780]  Okay, then in that case you should have moved it to a 7 and claimed your property as an unsecured debt.
[01:36:14.780 --> 01:36:15.780]  Well, I didn't know that, yeah.
[01:36:15.780 --> 01:36:18.780]  And the bank's going to say, oh, no, no, no, it's secured, it's secured.
[01:36:18.780 --> 01:36:22.780]  And then you say, okay, prove it up.
[01:36:22.780 --> 01:36:32.780]  So you put the bank in a position to where the only thing in front of this court is, this guy claims that you owe him a debt and you claim you don't.
[01:36:32.780 --> 01:36:37.780]  He has to prove up that you actually do owe the debt.
[01:36:37.780 --> 01:36:40.780]  That's a good maneuver.
[01:36:40.780 --> 01:36:45.780]  And we have had a couple of people or a number of people win in that case.
[01:36:45.780 --> 01:36:54.780]  And generally the best decisions coming out of the courts have been out of bankruptcy courts.
[01:36:54.780 --> 01:37:00.780]  And we have one in Colorado recently where the court,
[01:37:00.780 --> 01:37:05.780]  the magistrate judge didn't, it was a Bank of America case.
[01:37:05.780 --> 01:37:15.780]  And when he claimed that this was unsecured, that they could not prove that they are in fact the true holder of the note,
[01:37:15.780 --> 01:37:18.780]  judges didn't even want to go there, didn't want to talk about it.
[01:37:18.780 --> 01:37:20.780]  He said, how much is this home worth?
[01:37:20.780 --> 01:37:22.780]  Is it worth over $300,000?
[01:37:22.780 --> 01:37:23.780]  Well, I don't know.
[01:37:23.780 --> 01:37:24.780]  It's somewhere around that.
[01:37:24.780 --> 01:37:25.780]  Well, we'll have it appraised.
[01:37:25.780 --> 01:37:28.780]  If it's under $300,000, I'll just give it to you.
[01:37:28.780 --> 01:37:39.780]  He did not want to get that issue adjudicated in court so that Bank of America would then be subject to collateral estoppel.
[01:37:39.780 --> 01:37:46.780]  If Bank of America comes into court and tries to prove up that they have standing and they,
[01:37:46.780 --> 01:37:55.780]  for instance, if they come in and try to use MERS to establish standing, MERS had been ruled against on these issues.
[01:37:55.780 --> 01:37:59.780]  You can come in and say, you can't use MERS.
[01:37:59.780 --> 01:38:02.780]  You are collateral estopped.
[01:38:02.780 --> 01:38:11.780]  Once you've been ruled against once in the court in the interest of judicial economy, you can't bring that same claim in another court.
[01:38:11.780 --> 01:38:15.780]  So it appeared as though this judge didn't want a negative ruling.
[01:38:15.780 --> 01:38:20.780]  So he just let it go without having to rule it.
[01:38:20.780 --> 01:38:33.780]  So have you filed a – okay, you still have the option of filing a civil action against them in the federal court and make the claims against the lender.
[01:38:33.780 --> 01:38:38.780]  Do you remember what the claims you made were?
[01:38:38.780 --> 01:38:40.780]  Well, the first part was about standing.
[01:38:40.780 --> 01:38:43.780]  Okay.
[01:38:43.780 --> 01:38:49.780]  Not only on my second lender for filing a false proof of claim and proving that they filed a false proof of claim knowing that they did.
[01:38:49.780 --> 01:38:51.780]  Okay, that's not a cause of action.
[01:38:51.780 --> 01:38:52.780]  Okay.
[01:38:52.780 --> 01:38:56.780]  That will go to proof of the cause of action.
[01:38:56.780 --> 01:39:04.780]  And then the first, they didn't make them show the note when I tried to demand them to because they had it signed in blank.
[01:39:04.780 --> 01:39:05.780]  Okay, here's the problem.
[01:39:05.780 --> 01:39:07.780]  That's a matter for appeal.
[01:39:07.780 --> 01:39:10.780]  Or you said they didn't make them show the note.
[01:39:10.780 --> 01:39:11.780]  Who didn't?
[01:39:11.780 --> 01:39:12.780]  The judge.
[01:39:12.780 --> 01:39:13.780]  Okay.
[01:39:13.780 --> 01:39:16.780]  That's a matter for appeal.
[01:39:16.780 --> 01:39:17.780]  That's not an issue.
[01:39:17.780 --> 01:39:22.780]  You can't bring an issue – you can't sue over what a judge did.
[01:39:22.780 --> 01:39:24.780]  You have to appeal.
[01:39:24.780 --> 01:39:33.780]  I would suggest that you look at filing a federal lawsuit claiming all of these issues.
[01:39:33.780 --> 01:39:36.780]  There's a lot of issues to claim.
[01:39:36.780 --> 01:39:37.780]  All right.
[01:39:37.780 --> 01:39:39.780]  We don't have time to go through all of them right now.
[01:39:39.780 --> 01:39:42.780]  We're moving toward our last segment.
[01:39:42.780 --> 01:39:43.780]  Right.
[01:39:43.780 --> 01:39:47.780]  You might go to Remedies and Real Estate and look at what we've got there on the site.
[01:39:47.780 --> 01:39:51.780]  We kind of – we have a document of how things work, and I think you know most of it.
[01:39:51.780 --> 01:39:52.780]  Okay.
[01:39:52.780 --> 01:39:59.780]  But you talk to us, and we'll give you some idea of how to do this and where you can go after the lender.
[01:39:59.780 --> 01:40:05.780]  Even if it's after the fact, you can still go after them, and especially with the way the sky's been falling in on the lender.
[01:40:05.780 --> 01:40:12.780]  Well, the other thing is that they didn't treat me as a whistleblower case either, and they refused me anyhow at the federal or state level.
[01:40:12.780 --> 01:40:13.780]  Wait a minute.
[01:40:13.780 --> 01:40:14.780]  Wait a minute.
[01:40:14.780 --> 01:40:15.780]  Did you file a quiet time action?
[01:40:15.780 --> 01:40:16.780]  No, I haven't.
[01:40:16.780 --> 01:40:18.780]  Then you weren't a whistleblower.
[01:40:18.780 --> 01:40:23.780]  If you have that kind of information, then a quiet time action is a great action to look at.
[01:40:23.780 --> 01:40:25.780]  Okay.
[01:40:25.780 --> 01:40:26.780]  Okay.
[01:40:26.780 --> 01:40:27.780]  We're down to our approach.
[01:40:27.780 --> 01:40:28.780]  I'm going to have to talk about it again.
[01:40:28.780 --> 01:40:29.780]  All right.
[01:40:29.780 --> 01:40:30.780]  Okay.
[01:40:30.780 --> 01:40:34.780]  Look into Remedies and Real Estate and contact us there where we have more time offline.
[01:40:34.780 --> 01:40:35.780]  Sounds good.
[01:40:35.780 --> 01:40:36.780]  Thanks, Randy.
[01:40:36.780 --> 01:40:37.780]  Take care, guys.
[01:40:37.780 --> 01:40:38.780]  Okey-doke.
[01:40:38.780 --> 01:40:39.780]  Bye-bye.
[01:40:39.780 --> 01:40:40.780]  Okay.
[01:40:40.780 --> 01:40:41.780]  And I have an announcement to make.
[01:40:41.780 --> 01:40:45.780]  Without confirmation, you guys are going to love this.
[01:40:45.780 --> 01:40:51.780]  Folks who live in Austin, if you're paying attention to any of the news at all, it's been all over the mainstream media.
[01:40:51.780 --> 01:40:56.780]  It was on the big splash cover page of the Austin American Statement today.
[01:40:56.780 --> 01:41:01.780]  A gentleman by the name of Ken Martin of TheAustinBulldog.org.
[01:41:01.780 --> 01:41:03.780]  It's a publication.
[01:41:03.780 --> 01:41:10.780]  He's an activist here in Austin for exposing government corruption, basically a watchdog group, no pun intended.
[01:41:10.780 --> 01:41:13.780]  I guess the pun is intended, Austin Bulldog.
[01:41:13.780 --> 01:41:21.780]  He is suing the City Council of Austin and all the City Council members individually in their official capacity
[01:41:21.780 --> 01:41:29.780]  and in their personal capacities for violations of the Texas Public Information Act and the Texas Open Meetings Act.
[01:41:29.780 --> 01:41:37.780]  We're going to have Ken, Mr. Ken Martin on as our guest, most likely coming up this coming Thursday the 10th,
[01:41:37.780 --> 01:41:40.780]  if not this Thursday, the following Thursday.
[01:41:40.780 --> 01:41:43.780]  And this is amazing, the research this guy has uncovered.
[01:41:43.780 --> 01:41:48.780]  I just have to read a little bit about this from his website.
[01:41:48.780 --> 01:41:57.780]  This is the number of violations of the Texas Open Meeting Act that he has uncovered by each particular City Council member.
[01:41:57.780 --> 01:42:07.780]  Chris Riley, a total of 256 private meetings between himself and other City Council members just in 2010.
[01:42:07.780 --> 01:42:16.780]  Council member Laura Morrison, 194 private meetings in the year 2010.
[01:42:16.780 --> 01:42:24.780]  Oh, by the way, the average number for Chris Riley, the average number of private meetings per City Council meeting is 9.9.
[01:42:24.780 --> 01:42:29.780]  The average number of private meetings for Laura Morrison is 7.5.
[01:42:29.780 --> 01:42:30.780]  Let's see what else we got here.
[01:42:30.780 --> 01:42:40.780]  Randy Shade, a total of 190 private meetings just in the year 2010 with an average of 7.3 private meetings per Council meeting.
[01:42:40.780 --> 01:42:50.780]  And we've got Bill Spellman with 163 private meetings in 2010 with an average of 6.8 per Council meeting.
[01:42:50.780 --> 01:42:53.780]  He's gotten these people to admit to this stuff.
[01:42:53.780 --> 01:43:01.780]  The City Council has had to hire three attorneys at a cost of $159,000 to the taxpayers of Austin.
[01:43:01.780 --> 01:43:04.780]  These three attorneys, they charge about $53,000 apiece.
[01:43:04.780 --> 01:43:12.780]  Now what I'm going to find out, what I'd like to know is if he's suing these people in their personal capacities, they've got to hire their own attorneys.
[01:43:12.780 --> 01:43:14.780]  They can't use taxpayer money for that.
[01:43:14.780 --> 01:43:21.780]  So this is headline news splashing all over Austin, and it's on Reuters.
[01:43:21.780 --> 01:43:23.780]  It's going nationwide.
[01:43:23.780 --> 01:43:32.780]  And so we've got Ken Martin from the Austin Bulldog that is going to be coming on our show likely this coming Thursday.
[01:43:32.780 --> 01:43:35.780]  Just got it confirmed, if not this Thursday, the following Thursday.
[01:43:35.780 --> 01:43:37.780]  And we're going to discuss this lawsuit that he's filed.
[01:43:37.780 --> 01:43:42.780]  I don't know if he has an attorney if he's doing this per se, but we're going to get the lowdown from Ken Martin.
[01:43:42.780 --> 01:43:50.780]  So folks, if you all want to go to theaustinbulldog.org, you can find out more about this.
[01:43:50.780 --> 01:43:55.780]  And we're going to get the big juicy gossip from Ken Martin coming up later this week.
[01:43:55.780 --> 01:44:00.780]  We'll be right back, folks.
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[01:45:00.780 --> 01:45:03.780]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:21.780 --> 01:46:26.780]  All right, folks, we are back.
[01:46:26.780 --> 01:46:32.780]  And yeah, I was just talking about how we're going to have Ken Martin from the Austin Bulldog on.
[01:46:32.780 --> 01:46:36.780]  He's been an investigative reporter for 30 years,
[01:46:36.780 --> 01:46:40.780]  and he's had his own publication, The Austin Bulldog, for about a year now.
[01:46:40.780 --> 01:46:45.780]  He's won two national awards for investigative reporting,
[01:46:45.780 --> 01:46:49.780]  but he says this beats the H-E-L-L out of anything he's ever done before.
[01:46:49.780 --> 01:46:52.780]  So he's garnering national attention with his lawsuit.
[01:46:52.780 --> 01:47:00.780]  So I'm pretty excited to get Ken Martin on the show here and get the lowdown on this lawsuit
[01:47:00.780 --> 01:47:02.780]  and I'm sure it will be an inspiration to all of us,
[01:47:02.780 --> 01:47:07.780]  and maybe he can give all the listeners out there who are in other cities some tips
[01:47:07.780 --> 01:47:09.780]  and some pointers on how they can do the same thing.
[01:47:09.780 --> 01:47:11.780]  All right, we are in our final segment.
[01:47:11.780 --> 01:47:12.780]  We've got one caller on the board.
[01:47:12.780 --> 01:47:17.780]  So folks, if you'd like to call in, 512-646-1984, this is your last chance.
[01:47:17.780 --> 01:47:19.780]  We've got Robin in Florida.
[01:47:19.780 --> 01:47:21.780]  Robin, thanks for calling back in.
[01:47:21.780 --> 01:47:23.780]  What is on your mind tonight?
[01:47:23.780 --> 01:47:31.780]  Hey, guys, question on a personal injury case.
[01:47:31.780 --> 01:47:33.780]  I just got a bill over a case.
[01:47:33.780 --> 01:47:40.780]  My wife had a case settled, got paid and all that from an injury she sustained.
[01:47:40.780 --> 01:47:44.780]  Apparently one of the bills never got paid by the attorneys that were representing us.
[01:47:44.780 --> 01:47:48.780]  Apparently they kept the money.
[01:47:48.780 --> 01:47:53.780]  What happened is this company kept trying to call them seven different times,
[01:47:53.780 --> 01:47:57.780]  but I called the company to verify that they tried to call them.
[01:47:57.780 --> 01:48:02.780]  The attorney says, oh, we never received anything from them, whatever.
[01:48:02.780 --> 01:48:06.780]  It was basically a he said, she said kind of thing.
[01:48:06.780 --> 01:48:15.780]  Should I try to get, how do I go from here, should I just try to get information
[01:48:15.780 --> 01:48:19.780]  from the company that claims I owe them money to confirm?
[01:48:19.780 --> 01:48:24.780]  Okay, was it the responsibility of your attorney to get this paid?
[01:48:24.780 --> 01:48:26.780]  Yes.
[01:48:26.780 --> 01:48:32.780]  Did your attorney issue an expense cover letter to the company?
[01:48:32.780 --> 01:48:38.780]  There was a letter called a protection letter, they call it.
[01:48:38.780 --> 01:48:40.780]  Yes, letter of protection.
[01:48:40.780 --> 01:48:46.780]  They did, letter of protection, they did give that to the company.
[01:48:46.780 --> 01:48:50.780]  Then the company can go after them no matter what they want to say.
[01:48:50.780 --> 01:48:52.780]  It's not your responsibility at this point.
[01:48:52.780 --> 01:48:55.780]  If the attorney gave them a letter of protection,
[01:48:55.780 --> 01:48:59.780]  their attorney is responsible to them for that.
[01:48:59.780 --> 01:49:01.780]  Okay, that's what I thought.
[01:49:01.780 --> 01:49:06.780]  I went down there the other day to talk to the, they're trying to screw around.
[01:49:06.780 --> 01:49:09.780]  So I guess that'd be a bargain you would send.
[01:49:09.780 --> 01:49:13.780]  If they're trying to, if they're making the company turn around and come after you,
[01:49:13.780 --> 01:49:17.780]  I'd go down there and let them know, hey, you guys did a good job,
[01:49:17.780 --> 01:49:21.780]  you won us the case, but you've got a creditor that's trying to come after me
[01:49:21.780 --> 01:49:24.780]  that you gave one of your letters of protection to,
[01:49:24.780 --> 01:49:31.780]  and if they go into my credit causing me problems, I'm coming back to see you.
[01:49:31.780 --> 01:49:34.780]  Okay, all right, I'll do that.
[01:49:34.780 --> 01:49:40.780]  One other thing, I have another attorney screwing around on a mortgage case.
[01:49:40.780 --> 01:49:45.780]  They canceled a hearing ex parte saying that they tried to get a hold of me,
[01:49:45.780 --> 01:49:47.780]  but they never even tried.
[01:49:47.780 --> 01:49:50.780]  I mean, I got phone records and everything.
[01:49:50.780 --> 01:49:52.780]  Well, phone records shouldn't even matter.
[01:49:52.780 --> 01:49:56.780]  I mean, if there's hearings that are called or hearings that are canceled,
[01:49:56.780 --> 01:50:00.780]  any official activity you need to be getting served in the mail,
[01:50:00.780 --> 01:50:05.780]  certified mail from the court and from the other party.
[01:50:05.780 --> 01:50:09.780]  Being called, that doesn't count.
[01:50:09.780 --> 01:50:12.780]  File for sanctions.
[01:50:12.780 --> 01:50:13.780]  Here's the thing.
[01:50:13.780 --> 01:50:20.780]  She called me the day after this order that she got from the court ex parte
[01:50:20.780 --> 01:50:26.780]  trying to set up my deposition, called and left two messages.
[01:50:26.780 --> 01:50:28.780]  Is this your attorney?
[01:50:28.780 --> 01:50:31.780]  No, deposing counsel.
[01:50:31.780 --> 01:50:35.780]  Well, why didn't you get anything in the mail from the court?
[01:50:35.780 --> 01:50:38.780]  The court should have notified you if the hearing was canceled.
[01:50:38.780 --> 01:50:39.780]  I got an order from the court.
[01:50:39.780 --> 01:50:41.780]  I didn't get any motion.
[01:50:41.780 --> 01:50:43.780]  No motion was ever filed in the docket.
[01:50:43.780 --> 01:50:45.780]  Just the order was filed in the docket,
[01:50:45.780 --> 01:50:50.780]  but I emailed the attorney with my bar agreements 911 email and told her,
[01:50:50.780 --> 01:50:52.780]  hey, listen, I never received this motion.
[01:50:52.780 --> 01:50:53.780]  I'm sure this is a mistake.
[01:50:53.780 --> 01:50:55.780]  Please send me this motion.
[01:50:55.780 --> 01:51:00.780]  The motion was never filed, but the order was filed and mailed to me.
[01:51:00.780 --> 01:51:04.780]  I can never be in order without a motion to back it up.
[01:51:04.780 --> 01:51:05.780]  That's what I'm saying.
[01:51:05.780 --> 01:51:08.780]  And there's no motion in the court docket either.
[01:51:08.780 --> 01:51:09.780]  It was just email.
[01:51:09.780 --> 01:51:11.780]  Well, if there's no motion in the docket,
[01:51:11.780 --> 01:51:15.780]  that leaves only one possible way for it to come to the judge's attention in
[01:51:15.780 --> 01:51:17.780]  order to issue the order, and that's oral,
[01:51:17.780 --> 01:51:20.780]  whether it be in person, oral, or over the telephone.
[01:51:20.780 --> 01:51:23.780]  Well, actually, there's one other way.
[01:51:23.780 --> 01:51:27.780]  The judge can sua sponte continue a hearing,
[01:51:27.780 --> 01:51:32.780]  and almost certainly if you push this issue against that attorney,
[01:51:32.780 --> 01:51:35.780]  since they both slop out of the same trough,
[01:51:35.780 --> 01:51:41.780]  the judge will claim a calendar conflict and claim that he,
[01:51:41.780 --> 01:51:46.780]  sua sponte, issued the continuance.
[01:51:46.780 --> 01:51:54.780]  Yeah, but the attorney said on their motion that they tried to contact me.
[01:51:54.780 --> 01:51:55.780]  Yeah, but wait a minute.
[01:51:55.780 --> 01:52:00.780]  The point that I'm trying to make is if the judge ordered a continuance,
[01:52:00.780 --> 01:52:02.780]  no matter who requested it,
[01:52:02.780 --> 01:52:07.780]  the court should have notified you that there was a continuance.
[01:52:07.780 --> 01:52:11.780]  Yeah, well, I was notified, you know, that it was continued after,
[01:52:11.780 --> 01:52:16.780]  but this all happened without me knowing anything to object to it.
[01:52:16.780 --> 01:52:18.780]  So I was notified with an order.
[01:52:18.780 --> 01:52:20.780]  But the point is that they never, you know,
[01:52:20.780 --> 01:52:25.780]  the attorney said on her motion to do this that she tried to contact me,
[01:52:25.780 --> 01:52:26.780]  which she never did.
[01:52:26.780 --> 01:52:34.780]  But subsequently, the reason I'm doing this, I think, is to not have this evidentiary hearing.
[01:52:34.780 --> 01:52:37.780]  Produce the note is one of the issues.
[01:52:37.780 --> 01:52:39.780]  I absolutely don't want to have that.
[01:52:39.780 --> 01:52:46.780]  You should object to any further discovery until they produce the note.
[01:52:46.780 --> 01:52:50.780]  And file for sanctions against the attorney with the court
[01:52:50.780 --> 01:52:53.780]  and file a bar grievance against him.
[01:52:53.780 --> 01:52:56.780]  Okay, so sanctions for what specific?
[01:52:56.780 --> 01:53:00.780]  For failing to give you proper notice.
[01:53:00.780 --> 01:53:01.780]  Failing to give you proper notice.
[01:53:01.780 --> 01:53:03.780]  And bar grievance for that.
[01:53:03.780 --> 01:53:07.780]  I have on bargrievance.com, I got the form up.
[01:53:07.780 --> 01:53:13.780]  Failure for not serving, for improper service.
[01:53:13.780 --> 01:53:14.780]  Right, Randy?
[01:53:14.780 --> 01:53:15.780]  Yeah, that was the claim.
[01:53:15.780 --> 01:53:19.780]  I mean, they have to have, there should even be a certificate of service
[01:53:19.780 --> 01:53:24.780]  where they have to, you know, have the certified mailing number
[01:53:24.780 --> 01:53:27.780]  on the document of the certificate of service and everything.
[01:53:27.780 --> 01:53:28.780]  There's nothing.
[01:53:28.780 --> 01:53:30.780]  Yeah, there is.
[01:53:30.780 --> 01:53:35.780]  Just everything was done ex parte not to have this evidentiary hearing about the note.
[01:53:35.780 --> 01:53:44.780]  Well, okay, then file a request with the court, the judge's clerk,
[01:53:44.780 --> 01:53:46.780]  the court coordinator, whatever they call her in Florida.
[01:53:46.780 --> 01:53:47.780]  Yeah, uh-huh.
[01:53:47.780 --> 01:53:54.780]  And send a letter, ask her to set the, an evidentiary hearing for,
[01:53:54.780 --> 01:54:01.780]  set a motion on an evidentiary hearing for a hearing before the court.
[01:54:01.780 --> 01:54:06.780]  Yeah, and I've sent an email to the attorney, I don't agree to your deposition, thank you.
[01:54:06.780 --> 01:54:12.780]  Please give me optional dates for the evidentiary, rescheduling of the evidentiary hearing.
[01:54:12.780 --> 01:54:17.780]  Oh, when you do that, give them, you go to the coordinator first and get a couple of dates
[01:54:17.780 --> 01:54:20.780]  when the judge is going to have motion hearings.
[01:54:20.780 --> 01:54:21.780]  Yeah.
[01:54:21.780 --> 01:54:25.780]  And send those two dates to the attorney and say, which one do you want?
[01:54:25.780 --> 01:54:28.780]  If they don't answer, then you pick one.
[01:54:28.780 --> 01:54:29.780]  Exactly.
[01:54:29.780 --> 01:54:33.780]  They haven't answered, since this all happened, they haven't answered my emails.
[01:54:33.780 --> 01:54:34.780]  Good.
[01:54:34.780 --> 01:54:39.780]  Thanks for getting the hint from my bar agreements 911 email.
[01:54:39.780 --> 01:54:42.780]  They probably don't want to type that one in.
[01:54:42.780 --> 01:54:45.780]  And they're going to be pretty soon, thanks to you,
[01:54:45.780 --> 01:54:48.780]  showing up everywhere when you query your name as well.
[01:54:48.780 --> 01:54:49.780]  Okay.
[01:54:49.780 --> 01:54:51.780]  You can blame me for it.
[01:54:51.780 --> 01:54:53.780]  Yeah.
[01:54:53.780 --> 01:54:57.780]  And also one other quick question.
[01:54:57.780 --> 01:55:05.780]  I had a judgment that I put in a motion to vacate the judgment as a foreclosure issue.
[01:55:05.780 --> 01:55:11.780]  My mother-in-law had a stroke in the meantime to respond to their denial of my motion to vacate.
[01:55:11.780 --> 01:55:17.780]  So I couldn't respond and ask for a re, what do you call it, a re-hearing or?
[01:55:17.780 --> 01:55:20.780]  Yeah, reconsideration.
[01:55:20.780 --> 01:55:25.780]  You can still go back and ask for an extension of time if it was a medical emergency.
[01:55:25.780 --> 01:55:26.780]  Yeah, yeah.
[01:55:26.780 --> 01:55:29.780]  How much time are we talking about here?
[01:55:29.780 --> 01:55:34.780]  Well, it was like December 24th, and then it was like a month.
[01:55:34.780 --> 01:55:39.780]  I had to get out of the hospital and I had to redo the house because you can't move around.
[01:55:39.780 --> 01:55:40.780]  That's reasonable.
[01:55:40.780 --> 01:55:45.780]  If you said six months and it was a, forget it, but oh, wait a minute.
[01:55:45.780 --> 01:55:46.780]  This is already March.
[01:55:46.780 --> 01:55:47.780]  This is three months.
[01:55:47.780 --> 01:55:48.780]  Oh, okay.
[01:55:48.780 --> 01:55:55.780]  So during the period where you missed this hearing, all of this was going on.
[01:55:55.780 --> 01:56:02.780]  Yeah, in the proper timing, you know, 20 days, all that happened.
[01:56:02.780 --> 01:56:09.780]  File for, what would that be, any reconsideration or?
[01:56:09.780 --> 01:56:12.780]  I filed a leave to answer out of time.
[01:56:12.780 --> 01:56:15.780]  Is that right?
[01:56:15.780 --> 01:56:16.780]  Oh, leave to answer.
[01:56:16.780 --> 01:56:18.780]  Yeah, that would work.
[01:56:18.780 --> 01:56:21.780]  I'm not sure of what they call things in Florida.
[01:56:21.780 --> 01:56:22.780]  They call it different.
[01:56:22.780 --> 01:56:24.780]  That's what I've gleaned.
[01:56:24.780 --> 01:56:26.780]  Leave to file out of time.
[01:56:26.780 --> 01:56:27.780]  Okay, you filed that.
[01:56:27.780 --> 01:56:30.780]  Did you get an answer on it?
[01:56:30.780 --> 01:56:34.780]  No, I'm saying I filed, yes, I did file that.
[01:56:34.780 --> 01:56:36.780]  Move to set it for hearing.
[01:56:36.780 --> 01:56:37.780]  Okay.
[01:56:37.780 --> 01:56:41.780]  It won't happen unless you move to set it for hearing.
[01:56:41.780 --> 01:56:50.780]  Get a hold of the coordinator and take care of those details and that will put the pressure on.
[01:56:50.780 --> 01:56:51.780]  Okay.
[01:56:51.780 --> 01:56:55.780]  And as far as mirrors, all these bad rulings against mirrors, can I use that in my case?
[01:56:55.780 --> 01:56:56.780]  It depends.
[01:56:56.780 --> 01:57:00.780]  For my motion to vacate the judgment?
[01:57:00.780 --> 01:57:09.780]  Well, mirrors doesn't necessarily matter unless mirrors was the one who tried to do the foreclosure.
[01:57:09.780 --> 01:57:17.780]  Unless you're making a quite ham claim, you know, if you're making a claim of trading in false securities
[01:57:17.780 --> 01:57:26.780]  and claiming that their illegal trade in false securities created an unerasable cloud on the title,
[01:57:26.780 --> 01:57:35.780]  making it unreasonable for you to pay off the loan because you could no longer be assured of clear title
[01:57:35.780 --> 01:57:37.780]  and that violated your contract.
[01:57:37.780 --> 01:57:42.780]  So that will read not only in contract but in contort.
[01:57:42.780 --> 01:57:44.780]  I can certainly make this claim.
[01:57:44.780 --> 01:57:46.780]  Absolutely you can make this claim.
[01:57:46.780 --> 01:57:49.780]  Who is the lender?
[01:57:49.780 --> 01:57:51.780]  Countrywide and Bank of America Bottom, of course.
[01:57:51.780 --> 01:57:52.780]  Okay.
[01:57:52.780 --> 01:57:56.780]  Bank of America's absolutely got a history of multiple sales of a single note.
[01:57:56.780 --> 01:57:59.780]  You can absolutely make this claim.
[01:57:59.780 --> 01:58:03.780]  And I'll certainly look at, you know, look at the fact they're being sued in the Hague
[01:58:03.780 --> 01:58:08.780]  by the Chinese for selling these notes to them 20 and 30 times the same note.
[01:58:08.780 --> 01:58:09.780]  All right.
[01:58:09.780 --> 01:58:10.780]  That's something else.
[01:58:10.780 --> 01:58:17.780]  So that will give you grounds that acts to cloud your title and violate your contract with them.
[01:58:17.780 --> 01:58:18.780]  That's fine.
[01:58:18.780 --> 01:58:19.780]  Okay.
[01:58:19.780 --> 01:58:20.780]  Great.
[01:58:20.780 --> 01:58:21.780]  All right.
[01:58:21.780 --> 01:58:22.780]  Thanks, Robin.
[01:58:22.780 --> 01:58:23.780]  Thanks.
[01:58:23.780 --> 01:58:24.780]  All right.
[01:58:24.780 --> 01:58:25.780]  We're at the end of the show.
[01:58:25.780 --> 01:58:26.780]  Thanks for listening.
[01:58:26.780 --> 01:58:28.780]  And next week we've got Eddie's Traffic Night.
[01:58:28.780 --> 01:58:33.780]  We're going to have Ken Martin from the Austin Bulldog talking about this lawsuit against
[01:58:33.780 --> 01:58:41.780]  City Council for all these hundreds, thousands of open records violations and Public Informations Act.
[01:58:41.780 --> 01:58:43.780]  So thank you for listening.
[01:58:43.780 --> 01:58:45.780]  And we will talk to you next week.
[01:58:45.780 --> 01:58:46.780]  God bless.
[01:58:46.780 --> 01:58:47.780]  And everyone have a great weekend.
[01:58:47.780 --> 01:58:54.780]  And don't forget, Eddie's Traffic Class tomorrow, 3 to 6 is the normal seminar, $20 cover charge,
[01:58:54.780 --> 01:58:57.780]  and then open to the public from 7 to 9.
[01:58:57.780 --> 01:59:04.780]  We'll be back tomorrow.
[01:59:27.780 --> 01:59:34.780]  Thank you.
[01:59:57.780 --> 01:59:58.780]  Good night.
[01:59:58.780 --> 02:00:27.780]  Good night.