[00:00.000 --> 00:04.480]  This news brief brought to you by the International News Next.
[00:04.480 --> 00:09.760]  At least 25 people have been killed in a US drone strike in Pakistan's North Waziristan
[00:09.760 --> 00:11.360]  tribal region.
[00:11.360 --> 00:15.080]  Pakistan has complained US drone strikes undermine their national sovereignty.
[00:15.080 --> 00:22.120]  A US military official told Reuters Friday the US is giving Pakistan 85 small raven remotely
[00:22.120 --> 00:25.520]  operated surveillance aircraft.
[00:25.520 --> 00:31.560]  A man and a woman whose boat capsized in San Francisco Bay were rescued Wednesday by inmates
[00:31.560 --> 00:34.080]  from the notorious San Quentin prison.
[00:34.080 --> 00:39.320]  Ten inmates, members of the prison's fire department, aided other rescue agencies in
[00:39.320 --> 00:42.680]  pulling the pair out of the water.
[00:42.680 --> 00:48.200]  Greenpeace activist Friday occupied the world's second largest oil rig en route to drill in
[00:48.200 --> 00:49.200]  the Arctic.
[00:49.200 --> 00:54.600]  The US government estimates there are 90 billion barrels of oil, 13% of the world's undiscovered
[00:54.600 --> 00:59.500]  reserves among the icebergs off Greenland's coast, but environmentalists say the risk
[00:59.500 --> 01:02.560]  of a devastating oil spill is far too great.
[01:02.560 --> 01:09.160]  The oil rig, which cost $500,000 a day to operate, continued on its way.
[01:09.160 --> 01:15.320]  Barack Obama was interrupted Thursday by protesters at a fundraiser in San Francisco who called
[01:15.320 --> 01:19.200]  on him to release alleged WikiLeaks leaker Bradley Manning.
[01:19.200 --> 01:25.040]  Manning is being held in solitary confinement under conditions critics liken to torture.
[01:25.040 --> 01:30.000]  Obama was in mid-speech when he was interrupted by a woman at the back of the room who started
[01:30.000 --> 01:34.880]  singing while others at her table held up three Bradley Manning signs.
[01:34.880 --> 01:39.760]  In the small room, Obama could not ignore the woman whose lyrics were, quote, alone
[01:39.760 --> 01:44.320]  in a 6x12 cell sits Bradley, 23 hours a day.
[01:44.320 --> 01:48.160]  The Fifth and Eighth Amendments say this kind of thing ain't right.
[01:48.160 --> 01:52.440]  White House aides approached the table trying to end the song and the woman was escorted
[01:52.440 --> 01:53.440]  out.
[01:53.440 --> 01:59.720]  Obama responded, quote, that was a nice song, much better voice than I.
[01:59.720 --> 02:05.240]  Sliding into mission creep, Barack Obama has approved the use of armed Predator drones
[02:05.240 --> 02:06.240]  in Libya.
[02:06.240 --> 02:11.840]  The use of drones in US military campaigns abroad has tripled during the Obama administration.
[02:11.840 --> 02:18.480]  The US has now deployed drones to at least seven countries, Pakistan, Afghanistan, Iraq,
[02:18.480 --> 02:20.840]  Yemen, Somalia, Mexico, and now Libya.
[02:20.840 --> 02:26.400]  In Pakistan, hundreds of civilians died in drone strikes last year while only two militants
[02:26.400 --> 02:29.280]  on the US most wanted terrorist were killed.
[02:29.280 --> 02:34.240]  The first Predator mission in Libya following Obama's go-ahead was flown Thursday but turned
[02:34.240 --> 02:36.000]  back because of poor weather.
[02:36.000 --> 02:40.920]  Gates says with the drone's help, Obama intends to keep his pledge of waging a war without
[02:40.920 --> 02:45.960]  footprints but Britain's Ministry of Defense has warned drone strikes in Pakistan have
[02:45.960 --> 02:51.560]  enabled the Taliban to cast themselves as underdog and the West as a cowardly bully,
[02:51.560 --> 02:55.360]  unwilling to risk its own troops but happy to kill remotely.
[02:55.360 --> 03:08.000]  For more details on these stories, visit www.inmworldreport.net You are listening to the Rule of Law Radio
[03:08.000 --> 03:28.360]  Network at ruleoflawradio.com, live free speech talk radio at its best.
[03:28.360 --> 03:48.240]  This is a production of the U.S. Department of State, the U.S. Department of State, and
[03:48.240 --> 03:53.240]  the U.S. Department of State.
[03:53.240 --> 04:20.600]  We're on for our four-hour info marathon.
[04:20.600 --> 04:24.240]  We don't have guests tonight, so we're going to take calls all night.
[04:24.240 --> 04:27.240]  We'll have the phones open from the beginning.
[04:27.240 --> 04:33.840]  If you have any questions or comments, feel free to call us and we will answer them as
[04:33.840 --> 04:36.120]  best we can.
[04:36.120 --> 04:42.440]  So I'm going to start with talking about a trial I have coming up Monday.
[04:42.440 --> 04:49.160]  If anybody is in or around Cherokee County, you might want to come by the City of Rusk
[04:49.160 --> 04:53.840]  Cherokee County Courthouse Monday morning at 8.30.
[04:53.840 --> 05:00.720]  They sent me at 8.30 for trial, but I suspect they sent it at 8.30 because they don't expect
[05:00.720 --> 05:03.440]  to have trial.
[05:03.440 --> 05:09.320]  They fully expect me to show up with a motion to disqualify, and that's precisely what I
[05:09.320 --> 05:11.800]  intend to do.
[05:11.800 --> 05:19.800]  But just in case the judge wants to try to ignore it, then we may actually have a trial.
[05:19.800 --> 05:29.840]  And what I have been accused of is operating an investigating company without a license.
[05:29.840 --> 05:34.800]  And it was odd how I got charged with this.
[05:34.800 --> 05:42.280]  The very day after I stood up in Judge Fletcher's court, Judge Craig Fletcher, and told him
[05:42.280 --> 05:48.480]  that I had just filed criminal charges against him with a grand jury based on his illegal
[05:48.480 --> 05:56.960]  actions in the case he was attempting to hear, primarily because he had a motion to disqualify
[05:56.960 --> 06:05.760]  filed and he denied it himself, which was specifically forbidden by law.
[06:05.760 --> 06:12.800]  And he ordered me out of his courtroom and subsequently had a hearing.
[06:12.800 --> 06:19.920]  The very next day, the investigator for the district attorney's office, Joe Evans, who
[06:19.920 --> 06:27.640]  Eddie Craig knows pretty well, accused me of operating an investigating business without
[06:27.640 --> 06:33.320]  a license and presented the complaint to Judge Fletcher.
[06:33.320 --> 06:43.080]  The complaint contained no statement of facts whatsoever, but somehow with no facts at all,
[06:43.080 --> 06:48.960]  Judge Fletcher found probable cause of issue warrant for my arrest.
[06:48.960 --> 06:56.120]  And that was a year and a half ago, and now we're getting ready to go to trial.
[06:56.120 --> 07:01.160]  They've done everything they could to trap me in the jail and hadn't got that done yet.
[07:01.160 --> 07:06.800]  So it'd be interesting to see what happens Monday.
[07:06.800 --> 07:10.960]  If I'm not on the show Thursday, you probably know where I'm at.
[07:10.960 --> 07:16.800]  So if anybody's in or around Cherokee County next Monday, you might want to come by.
[07:16.800 --> 07:21.760]  It should be an interesting production, and I can certainly use all the support I can
[07:21.760 --> 07:24.600]  get.
[07:24.600 --> 07:31.280]  So Eddie's going to go with me, and if they give me any problem, I'll throw Eddie at them,
[07:31.280 --> 07:32.280]  and then I'll leave.
[07:32.280 --> 07:35.200]  Yeah, that'll get you a long way.
[07:35.200 --> 07:41.400]  Yeah, that'll only really work if I'm at the top of the stair when they're coming up at
[07:41.400 --> 07:42.400]  Randy.
[07:42.400 --> 07:53.000]  Well, these guys just seem to absolutely think that there simply is no law in Texas or the
[07:53.000 --> 07:54.000]  United States.
[07:54.000 --> 08:01.200]  There's nothing they have to fear, that they can absolutely do anything that they want.
[08:01.200 --> 08:03.880]  Well, I'm going to disagree with that.
[08:03.880 --> 08:07.600]  They think they are the only law in Texas.
[08:07.600 --> 08:08.600]  Okay.
[08:08.600 --> 08:11.160]  Well, that seems to be what it is.
[08:11.160 --> 08:19.800]  I filed a motion to disqualify, and drove all the way to Cherokee County.
[08:19.800 --> 08:22.280]  Eddie was with me that time.
[08:22.280 --> 08:27.640]  We went into court, and the judge said, you have a motion to disqualify, but I'm going
[08:27.640 --> 08:31.080]  to treat it as a motion to recuse.
[08:31.080 --> 08:35.640]  And I told him with all due respect, that is not a motion to recuse, that is a motion
[08:35.640 --> 08:39.100]  to disqualify for cause.
[08:39.100 --> 08:45.320]  And he said, well, he was going to send it to the head administrative judge anyway.
[08:45.320 --> 08:53.520]  And I said, you made me come 200 miles for this?
[08:53.520 --> 08:57.120]  Well, Mr. Kelton, it's your motion that brought us here.
[08:57.120 --> 08:58.440]  Well, it shouldn't have brought us here.
[08:58.440 --> 09:00.440]  You should have just sent it.
[09:00.440 --> 09:03.720]  And then I walked out of the courtroom.
[09:03.720 --> 09:08.160]  So this time I'm going to give you, and they sent it to the head administrative judge of
[09:08.160 --> 09:12.280]  the district, Judge Mark Ovart.
[09:12.280 --> 09:17.120]  And this guy is an administrative judge, elected by the local judges.
[09:17.120 --> 09:20.800]  Generally, this is a retired judge.
[09:20.800 --> 09:30.000]  And one of his duties is when a motion to disqualify is made, the judge for whom the
[09:30.000 --> 09:35.400]  motion has been made cannot rule on a motion to disqualify.
[09:35.400 --> 09:38.120]  They can rule on a motion to recuse.
[09:38.120 --> 09:39.120]  You're right.
[09:39.120 --> 09:40.120]  That's not correct.
[09:40.120 --> 09:41.120]  That's not correct.
[09:41.120 --> 09:42.120]  Let me finish.
[09:42.120 --> 09:46.800]  There's some argument over that, and they shouldn't be able to, and Eddie's saying
[09:46.800 --> 09:50.880]  that they can't rule on a motion to recuse.
[09:50.880 --> 09:56.080]  But he can recuse himself, even on a motion to disqualify, as long as he steps down.
[09:56.080 --> 09:57.080]  That he can't do.
[09:57.080 --> 09:58.080]  Yes.
[09:58.080 --> 10:00.560]  Or he can dismiss the case.
[10:00.560 --> 10:01.560]  That he can't do.
[10:01.560 --> 10:04.240]  But that's all he can do.
[10:04.240 --> 10:10.760]  Otherwise, he must forward the motion to the head administrative judge of the district.
[10:10.760 --> 10:18.800]  And the head administrative judge of the district must appoint a judge to hear the motion.
[10:18.800 --> 10:24.800]  Judge Ovart got it and dismissed it because it wasn't verified.
[10:24.800 --> 10:25.800]  Wasn't notarized.
[10:25.800 --> 10:32.680]  Well, the problem with that is the motion to recuse must be verified, but not a motion
[10:32.680 --> 10:35.000]  to disqualify.
[10:35.000 --> 10:43.080]  And even if that wasn't the case, Judge Ovart is head administrative judge.
[10:43.080 --> 10:46.860]  He has no judicial authority.
[10:46.860 --> 10:56.200]  So he arbitrarily, in violation of law, impersonated a judicial officer, and in the process denied
[10:56.200 --> 11:00.840]  me free access to enjoyment of my rights.
[11:00.840 --> 11:07.400]  So now I'll be going after Judge Ovart, the grand jury in Dallas.
[11:07.400 --> 11:13.520]  And Dallas has got about four or five different grand juries I can hit.
[11:13.520 --> 11:18.880]  I'm probably going to have to hammer the Dallas County District Attorney pretty good in order
[11:18.880 --> 11:21.520]  to get to him.
[11:21.520 --> 11:25.520]  And I may file against him here in Travis County as well.
[11:25.520 --> 11:29.200]  I can file in Dallas County because that's where he's at.
[11:29.200 --> 11:31.280]  I can file in Cherokee County.
[11:31.280 --> 11:35.960]  I can file in Travis County.
[11:35.960 --> 11:42.800]  And since the letter he sent me was sent through the mail, I may even file with coastal inspectors.
[11:42.800 --> 11:49.240]  So when all this is done, they're all going to get a 1983 suit, and Judge Ovart's going
[11:49.240 --> 11:50.240]  to be sued himself.
[11:50.240 --> 11:52.520]  I hope he likes that.
[11:52.520 --> 11:54.680]  Maybe I can get rid of this guy.
[11:54.680 --> 12:00.600]  If we get rid of a few judges, we might start getting their attention.
[12:00.600 --> 12:04.600]  So if anybody's in the neighborhood, come on by.
[12:04.600 --> 12:06.200]  We'll be looking for you.
[12:06.200 --> 12:07.200]  We'll keep the light on.
[12:07.200 --> 12:08.200]  Oh, excuse me.
[12:08.200 --> 12:12.400]  We'll keep the light on for you.
[12:12.400 --> 12:13.840]  Okay, we have a caller.
[12:13.840 --> 12:16.840]  We have Evangeline from Pennsylvania.
[12:16.840 --> 12:17.840]  Evangeline.
[12:17.840 --> 12:18.840]  Hi.
[12:18.840 --> 12:25.800]  How are things going with your education?
[12:25.800 --> 12:26.800]  They're going.
[12:26.800 --> 12:31.400]  The last time I spoke with you, I told you that I found out that the guy indeed had a
[12:31.400 --> 12:35.640]  diploma or a PhD, came from a diploma mill.
[12:35.640 --> 12:42.680]  And he's just like a real unique, exciting kind of scam artist.
[12:42.680 --> 12:47.640]  Like he has a whole bunch of claims that he makes about himself, like that he's a grandmaster
[12:47.640 --> 12:49.920]  kung fu artist and all this stuff.
[12:49.920 --> 12:57.160]  And his grandmaster kung fu designation was given to him by something called the North
[12:57.160 --> 13:02.400]  American Wing Chun Association, of which he's like the only employee and president.
[13:02.400 --> 13:04.880]  Like he's the person that, you know.
[13:04.880 --> 13:06.880]  That's really cool.
[13:06.880 --> 13:09.800]  I need to get me one of those.
[13:09.800 --> 13:10.800]  Yeah.
[13:10.800 --> 13:12.920]  So he's really quite a character.
[13:12.920 --> 13:17.800]  But all humor aside, I am pretty peeve.
[13:17.800 --> 13:22.640]  I put over a hundred hours of effort into this course and I was getting ready to work
[13:22.640 --> 13:23.640]  with a chiropractor.
[13:23.640 --> 13:28.520]  I was going to bring my certificate from this guy to the chiropractor's office and work
[13:28.520 --> 13:36.640]  with him and helping people with this hypnotherapy, which now I really have no, the course itself
[13:36.640 --> 13:40.160]  I don't feel has any credibility based on the fact that this guy is a scam artist.
[13:40.160 --> 13:44.840]  Like whatever I thought I was learning may or may not have anything to do with what the
[13:44.840 --> 13:46.560]  potential for hypnosis actually is.
[13:46.560 --> 13:49.960]  So it's just a big, you know.
[13:49.960 --> 13:55.960]  Anyway, so I, for one thing I'd like to file a tort letter with the college because even
[13:55.960 --> 13:59.920]  after I told them my suspicion that this guy did not have an actual doctorate and they
[13:59.920 --> 14:04.520]  were advertising, you know, doctor so-and-so and all these wonderful things he had done,
[14:04.520 --> 14:12.800]  which most of the things I looked into were untrue, even after I brought to the person
[14:12.800 --> 14:19.440]  that was in charge of hiring him, brought to her attention the fact that he seemed fraudulent
[14:19.440 --> 14:23.600]  and then I asked her for his credentials and she forwarded me this four-page document with
[14:23.600 --> 14:32.040]  all of his claims on there and including the diploma mill where he received his PhD.
[14:32.040 --> 14:36.320]  She never, she just passed it on to me like here, see, I told you and this is like a,
[14:36.320 --> 14:42.080]  this is a community college which is regionally accredited, you know, it's a place that's
[14:42.080 --> 14:49.200]  supposed to have some credibility, you know, and so I just feel that I have a claim against
[14:49.200 --> 14:57.880]  them and I, I'm looking at the Pennsylvania consumer protection law, like because Pennsylvania
[14:57.880 --> 15:01.480]  doesn't have a law specifically against these diploma mills and it seems that our attorney
[15:01.480 --> 15:08.440]  general has pursued action against these types of things using the consumer protection law.
[15:08.440 --> 15:15.240]  So I want to cite that in a claim letter to the college.
[15:15.240 --> 15:21.000]  I don't know if it's going to do me any good to go after him because he doesn't seem to
[15:21.000 --> 15:26.440]  have, I don't, and my intuition is telling me, particularly based on the way that he
[15:26.440 --> 15:31.440]  was going after me for the money for the materials that he doesn't have to finance his, you know,
[15:31.440 --> 15:37.400]  certificate in blood from a turn, but in my claim letter, I just kind of wanted to go
[15:37.400 --> 15:42.080]  over with you quickly if you don't mind what I was going to ask of them and you to tell
[15:42.080 --> 15:46.080]  me if I'm, if I'm overreaching or not.
[15:46.080 --> 15:48.920]  Well there's two other things you can look at I know for sure.
[15:48.920 --> 15:57.360]  For instance, in Texas it is a penal code offense to say that you have a degree that you do
[15:57.360 --> 15:58.360]  not possess.
[15:58.360 --> 15:59.360]  Yeah.
[15:59.360 --> 16:03.280]  And they want to see if there's a similar statute that can be used against this guy
[16:03.280 --> 16:04.280]  there.
[16:04.280 --> 16:05.280]  Thanks.
[16:05.280 --> 16:09.320]  You know, I actually, the last time I talked to you, I read you this one, this fraud or
[16:09.320 --> 16:13.000]  deceit, and I read it to you and it said, Mr. is that representing credentials by using
[16:13.000 --> 16:17.000]  the word doctor or similar word abbreviation, blah, blah, blah.
[16:17.000 --> 16:18.000]  Right.
[16:18.000 --> 16:22.480]  And I thought, yay, because if you look up in the PA, like it's pacode.com, the Pennsylvania
[16:22.480 --> 16:31.480]  Code, like it gives you this 405.104 and I'm still kind of trying to familiarize with myself
[16:31.480 --> 16:36.840]  with finding codes and statutes and are we on a break or something?
[16:36.840 --> 16:40.360]  Yeah, we're about to go to break, Evangeline, so could you please hang on there for just
[16:40.360 --> 16:42.160]  a minute and we'll pick you up on the other side.
[16:42.160 --> 16:43.160]  Okay, sure.
[16:43.160 --> 16:44.160]  All right.
[16:44.160 --> 16:45.160]  Hang on just a moment.
[16:45.160 --> 16:50.680]  Okay, this is revenue accountant Eddie Craig with our radio.
[16:50.680 --> 16:53.600]  Our call in number is 512-646-1984.
[16:53.600 --> 17:00.880]  We'll be taking your questions, call us, we'll be right back.
[17:00.880 --> 17:05.720]  Capital Coin and Bullion is your local source for rare coins, precious metals and coin supplies
[17:05.720 --> 17:07.600]  in the Austin metro area.
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[17:13.280 --> 17:14.280]  and metals purchases.
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[17:50.920 --> 17:56.280]  That's Capital Coin and Bullion at our new location at 7304 Burnet Road Suite A. We'll
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[18:46.800 --> 18:49.800]  or email michaelmears at yahoo.com.
[18:49.800 --> 18:58.800]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[18:58.800 --> 19:12.320]  collectors now.
[19:12.320 --> 19:41.920]  We're back, we're talking to Evangeline in Pennsylvania.
[19:41.920 --> 19:50.800]  So Evangeline, I was thinking about on the break, regardless of what this supposed doctor
[19:50.800 --> 19:59.040]  is, this absolutely goes to the credibility of the college and it may well go to their
[19:59.040 --> 20:00.040]  advertising.
[20:00.040 --> 20:02.040]  Right, that's my feeling.
[20:02.040 --> 20:04.040]  Deceptive Trade Practices Act.
[20:04.040 --> 20:07.160]  Right, that's what I was looking under.
[20:07.160 --> 20:14.280]  The other thing that I mentioned with the fraud and deceit, I guess when you go backwards
[20:14.280 --> 20:18.160]  and forwards, it seems that even though it's listed here by itself, like I guess that's
[20:18.160 --> 20:22.000]  Title 45, the thing with the double S's, is that for title?
[20:22.000 --> 20:23.480]  Yeah, that's section.
[20:23.480 --> 20:24.480]  Okay, section.
[20:24.480 --> 20:28.640]  Section or title, it just kind of depends on what the state calls it.
[20:28.640 --> 20:29.640]  Okay.
[20:29.640 --> 20:34.280]  If you go backwards, if you go to the one behind it or the one in front of it, it seems
[20:34.280 --> 20:42.760]  that this is actually pertaining to speech pathologists and teachers of the hearing impaired.
[20:42.760 --> 20:47.560]  But Eddie told me the last time that when I asked about statutes and codes and the difference,
[20:47.560 --> 20:52.320]  he said that the code is a compilation of various statutes, right?
[20:52.320 --> 20:59.160]  Right, the statutes themselves are the individual articles or sections within the code and the
[20:59.160 --> 21:05.840]  code is just the volume in which those statutes are collected on that subject matter.
[21:05.840 --> 21:12.360]  A code can contain several different subjects with its own individual portions of statutes.
[21:12.360 --> 21:21.000]  Yes, the code and the statutes are intended to accurately reflect the public law as passed
[21:21.000 --> 21:22.000]  by the legislature.
[21:22.000 --> 21:27.960]  The legislature just passes a law whenever it comes up and it gets a number based on
[21:27.960 --> 21:33.760]  when it was passed that doesn't necessarily have anything to do with what it's about.
[21:33.760 --> 21:40.560]  So in order for people to find them, they are publishing companies to codify them into
[21:40.560 --> 21:41.560]  code.
[21:41.560 --> 21:42.560]  Right.
[21:42.560 --> 21:50.360]  Okay, so how do I determine whether or not any portion of this stands alone or is it
[21:50.360 --> 21:53.560]  definitely all part of the thing that goes before it?
[21:53.560 --> 21:58.240]  I don't know if this is making any sense, like it's 45.104.
[21:58.240 --> 22:02.120]  There are a couple of ways of doing that.
[22:02.120 --> 22:08.120]  Generally at the bottom of each of the code, they will have the public law it's derived
[22:08.120 --> 22:09.120]  from.
[22:09.120 --> 22:14.400]  So you can look up the public law, you can go to see what legislature passed it and go
[22:14.400 --> 22:21.720]  to that legislator, to that section of your legislator's websites and look up the history
[22:21.720 --> 22:27.000]  of the statute itself and they'll essentially tell you why they passed it.
[22:27.000 --> 22:38.640]  Or you can go like to legal library and check Lexis or Westlaw and find the code with annotations.
[22:38.640 --> 22:46.320]  The annotations are case law relevant to the particular code and for me that's the best
[22:46.320 --> 22:53.600]  place to go because that's where the courts have stipulated what this statute means and
[22:53.600 --> 22:54.920]  how it's to be enforced.
[22:54.920 --> 22:55.920]  Okay, all right.
[22:55.920 --> 22:56.920]  I can do that.
[22:56.920 --> 22:57.920]  That makes sense.
[22:57.920 --> 23:04.440]  I was having a lot of trouble when, like if I looked for just case law, then the codes
[23:04.440 --> 23:05.440]  were always wrong.
[23:05.440 --> 23:07.920]  Like when I went to go look it up, none of them ever matched.
[23:07.920 --> 23:13.360]  So then if I tried to search in the actual, like in Westlaw or in the code itself, like
[23:13.360 --> 23:17.840]  I was coming up with things that weren't applicable to my specific situation, just like this fraud
[23:17.840 --> 23:22.360]  or deceit thing, I find that it's actually a part of a whole thing that refers to speech
[23:22.360 --> 23:23.360]  pathologists.
[23:23.360 --> 23:25.360]  So it may not apply.
[23:25.360 --> 23:34.200]  If you go to the annotated, the annotated will have annotations in categories.
[23:34.200 --> 23:39.280]  So you find the one that pretty well matches what you're doing and once you get a case
[23:39.280 --> 23:46.120]  on point, then from that case, you can bounce off of that case to other cases.
[23:46.120 --> 23:49.720]  If you have one close to point, you start going through them and they'll reference
[23:49.720 --> 23:50.720]  other cases.
[23:50.720 --> 23:56.480]  And in these cases that you find, they'll refer you to cases, you'll eventually find
[23:56.480 --> 23:58.920]  one that's pretty well dead on point.
[23:58.920 --> 23:59.920]  Okay.
[23:59.920 --> 24:00.920]  You think so?
[24:00.920 --> 24:04.280]  Kung Fu master PhD from the hypnosis abroad guy?
[24:04.280 --> 24:05.280]  Yeah.
[24:05.280 --> 24:09.080]  Well, Evangeline, if you'll send me an email with a link to the statute that you're actually
[24:09.080 --> 24:14.040]  looking at, I'll go through it and help you figure out exactly what it is trying to say
[24:14.040 --> 24:18.040]  about what it applies to and we'll see if there's something else relevant somewhere
[24:18.040 --> 24:19.040]  else as well.
[24:19.040 --> 24:20.040]  All right.
[24:20.040 --> 24:21.040]  That would be really stupid.
[24:21.040 --> 24:22.040]  Yeah.
[24:22.040 --> 24:23.040]  And copy it to me.
[24:23.040 --> 24:25.040]  I'll go into Lexis and pull the annotated.
[24:25.040 --> 24:26.040]  Okay.
[24:26.040 --> 24:27.040]  Thank you.
[24:27.040 --> 24:29.760]  Matter of fact, tell me what it is right now.
[24:29.760 --> 24:33.680]  I'll go into Lexis right now and see if I can find it.
[24:33.680 --> 24:39.480]  I'm in cacode.com and I'm looking at fraud or deceit, 45.104.
[24:39.480 --> 24:42.960]  And I guess we have titles here.
[24:42.960 --> 24:45.480]  Out of what code?
[24:45.480 --> 24:46.480]  Out of what code?
[24:46.480 --> 24:47.480]  P.A. code.
[24:47.480 --> 24:48.480]  Yes.
[24:48.480 --> 24:52.720]  Well, Pennsylvania's got several codes.
[24:52.720 --> 24:54.640]  You've got general provisions.
[24:54.640 --> 24:57.560]  You say this is in Chapter 45?
[24:57.560 --> 25:06.320]  I think it's general statutes, I think they list them all as general statutes in Pennsylvania,
[25:06.320 --> 25:07.320]  if I remember right.
[25:07.320 --> 25:12.920]  Well, no, they've got, for instance, they've got seven, which is agriculture, six, which
[25:12.920 --> 25:20.000]  is aging, 16, community affairs, 28 is health and safety, so they have them broken into
[25:20.000 --> 25:21.000]  separate codes.
[25:21.000 --> 25:24.200]  Yeah, but it's going to be, 45 is going to be one of those.
[25:24.200 --> 25:27.240]  It's going to be a, each code is numbered.
[25:27.240 --> 25:30.120]  There is no 45 listed in this listing.
[25:30.120 --> 25:33.560]  This is a list of the areas that's covered and there is no 45.
[25:33.560 --> 25:35.600]  Are you in Westlaw?
[25:35.600 --> 25:36.600]  No I'm not.
[25:36.600 --> 25:37.600]  I'm at Pennsylvania.pacode.com.
[25:37.600 --> 25:38.600]  Okay.
[25:38.600 --> 25:48.160]  If you actually Google, and I could just send this to you, or I could just give you the
[25:48.160 --> 25:54.040]  whole address where I'm at, oh, Chapter 45, okay, section cited in 49, P.A. code, I'm
[25:54.040 --> 25:55.040]  sorry.
[25:55.040 --> 25:56.040]  It's Chapter 49.
[25:56.040 --> 25:59.040]  Okay, 49, professional and vocational standards.
[25:59.040 --> 26:01.240]  Yes, that's right, yep.
[26:01.240 --> 26:03.800]  And you're in 45 of that code.
[26:03.800 --> 26:04.800]  Right.
[26:04.800 --> 26:05.800]  Oh.
[26:05.800 --> 26:10.240]  Okay, now there was one other thing I was going to address as far as the community college
[26:10.240 --> 26:11.240]  goes.
[26:11.240 --> 26:17.520]  You may want to get your hands on what are the policy and procedures for voie d'ing applicants
[26:17.520 --> 26:23.080]  for teaching positions and find out whether or not the university complied with its own
[26:23.080 --> 26:29.040]  policies and procedures in checking out this guy's credentials and hiring him.
[26:29.040 --> 26:30.040]  Okay.
[26:30.040 --> 26:36.480]  And I would just acquire it to the university themselves as to what their procedures are.
[26:36.480 --> 26:43.200]  Yes, I want to see a copy of the university practice and procedures on hiring for teaching
[26:43.200 --> 26:44.200]  positions.
[26:44.200 --> 26:45.200]  Okay.
[26:45.200 --> 26:50.720]  And now what is the specific section you were looking at here, 45.1?
[26:50.720 --> 26:51.720]  104.
[26:51.720 --> 26:54.720]  Oh, 0.04?
[26:54.720 --> 26:55.720]  45.104.
[26:55.720 --> 27:03.280]  0.104, okay, that's what I thought, okay.
[27:03.280 --> 27:09.360]  45, State Board of Examiners in Speech-Language Hearing.
[27:09.360 --> 27:11.360]  That is real specific.
[27:11.360 --> 27:12.360]  Yes.
[27:12.360 --> 27:19.280]  I'm looking at the other issues they got.
[27:19.280 --> 27:34.840]  Okay, 45.104, so.
[27:34.840 --> 27:35.840]  It is annoying.
[27:35.840 --> 27:36.840]  It's horrible.
[27:36.840 --> 27:43.680]  We have sub-chapter A, provisions, licensing.
[27:43.680 --> 27:47.400]  I could just email Eddie, email you both if that's what you need.
[27:47.400 --> 27:53.640]  If I can get it here, I'll pull out the annotations, but they don't have them.
[27:53.640 --> 28:01.040]  Yeah, this particular chapter, the 45.101 through 104, does deal specifically with Speech-Language
[28:01.040 --> 28:07.160]  and Hearing Leisure Act provisions for those that are serving in that capacity.
[28:07.160 --> 28:09.840]  So this would not be applicable to him per se.
[28:09.840 --> 28:10.840]  Okay.
[28:10.840 --> 28:16.920]  All right, well, I'll keep looking for something.
[28:16.920 --> 28:24.400]  I did want to ask you, in sending a support letter to the college, I wanted to address
[28:24.400 --> 28:32.080]  what happened, and I definitely got a real hard time from this guy in addition to the
[28:32.080 --> 28:37.120]  fact that I put a bunch of effort into something that I would be really embarrassed.
[28:37.120 --> 28:46.880]  He's been working for the college since 1999, so it's at some point I had gotten
[28:46.880 --> 28:53.560]  this certificate and started using it, and then he was outed or whatever.
[28:53.560 --> 28:58.720]  I just would be really embarrassed and upset by that.
[28:58.720 --> 29:07.400]  I guess it's reasonable to not want to have to go to a course and be taught by somebody
[29:07.400 --> 29:15.080]  that's claiming a bunch of things that are untrue.
[29:15.080 --> 29:26.120]  I want to, in my letter, I would like to ask that they either cease to employ him or start
[29:26.120 --> 29:34.000]  advertising appropriately, like representing what's being offered accurately.
[29:34.000 --> 29:37.240]  And I also want to ask for damages.
[29:37.240 --> 29:43.000]  Is that like... Yeah, we're going to break again, Evangeline,
[29:43.000 --> 29:46.920]  so hang on just one more minute and we'll finish you up on the other side, okay?
[29:46.920 --> 29:53.800]  All right, folks, this is Rule of Law Radio, 512-646-1984 is the call-in number.
[29:53.800 --> 29:57.560]  Give us a call, bring your issues, your questions, and we'll do what we can.
[29:57.560 --> 29:58.560]  We'll be right back.
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[32:20.800 --> 32:35.320]  Hi, folks.
[32:35.320 --> 32:36.320]  We are back.
[32:36.320 --> 32:37.320]  This is Rule of Law Radio.
[32:37.320 --> 32:41.720]  We are still talking with Evangeline, and after her, the caller board is empty.
[32:41.720 --> 32:46.560]  So please give us a call, 512-646-1984.
[32:46.560 --> 32:48.800]  This is our four-hour marathon night.
[32:48.800 --> 32:53.560]  We're going to be taking your phone calls all night, so please line up and let's get
[32:53.560 --> 32:54.560]  started.
[32:54.560 --> 32:58.720]  Okay, Evangeline, let's see if we can get you finished up here.
[32:58.720 --> 33:04.200]  One of the things I was looking at on the break is that you may definitely wish to contact
[33:04.200 --> 33:10.840]  the Department of State there in Pennsylvania and find out what occupational licensing requirements
[33:10.840 --> 33:14.400]  and what part of the code deals with hypnotherapy.
[33:14.400 --> 33:19.000]  There's nothing directly in any of this that I can find that deals with it specifically.
[33:19.000 --> 33:23.760]  Randy said he found something a moment ago, so I'll let him tell you about that.
[33:23.760 --> 33:30.480]  It wasn't on Pennsylvania specifically, and it may be that Pennsylvania doesn't address
[33:30.480 --> 33:38.720]  it specifically, but this goes more to higher education and the standards for higher education.
[33:38.720 --> 33:46.160]  And specifically, we go to this school, I was thinking earlier of something to reference,
[33:46.160 --> 33:49.720]  because you might look at a quaternary action.
[33:49.720 --> 33:52.200]  I was thinking about that, actually.
[33:52.200 --> 33:58.400]  But the thing about the hypnosis and hypnotherapy, there is no requirement for a license.
[33:58.400 --> 33:59.760]  It's unregulated.
[33:59.760 --> 34:04.040]  My problem isn't with the fact that he's not a doctor of hypnotherapy.
[34:04.040 --> 34:05.040]  There is no such thing.
[34:05.040 --> 34:09.600]  The problem is the fact that he's claiming a credential that he doesn't have, and it's
[34:09.600 --> 34:10.600]  a fraud.
[34:10.600 --> 34:11.600]  You know, like he's a...
[34:11.600 --> 34:12.600]  Wait a minute.
[34:12.600 --> 34:13.600]  Hold on.
[34:13.600 --> 34:15.800]  He's claiming to have a doctorate in hypnotherapy?
[34:15.800 --> 34:22.480]  No, actually, he's claiming to have a doctorate in some sort of Chinese studies, what the title
[34:22.480 --> 34:23.480]  of the doctorate is.
[34:23.480 --> 34:25.600]  Although, when I was in class, he told me that it was sociology.
[34:25.600 --> 34:30.760]  But either way, the doctorate, like I said, came from a postdoc box in Hawaii, a known
[34:30.760 --> 34:35.840]  diploma mill that's on government sites, like for civil service, and this is a diploma mill.
[34:35.840 --> 34:38.360]  And colleges don't accept it, you know, like whatever.
[34:38.360 --> 34:39.360]  So they can't...
[34:39.360 --> 34:40.360]  The college...
[34:40.360 --> 34:45.640]  I know a lot about what, like the accrediting in college.
[34:45.640 --> 34:49.280]  When I was in the military for a few years, I worked as a career counselor, and I actually
[34:49.280 --> 34:51.480]  helped people not get duped.
[34:51.480 --> 34:56.480]  So this is another reason why it's been particularly irritating for me.
[34:56.480 --> 35:03.400]  I...the problem is, because it was a continuing education program, he's not necessarily required
[35:03.400 --> 35:04.400]  to have a doctorate.
[35:04.400 --> 35:08.560]  Like you could go and teach somebody how to build solar panels in continuing education
[35:08.560 --> 35:09.560]  programs.
[35:09.560 --> 35:14.400]  But you don't necessarily have to have, like, what you would need if you were teaching,
[35:14.400 --> 35:15.400]  you know, Psych 101.
[35:15.400 --> 35:18.040]  It's an alternative part of the college.
[35:18.040 --> 35:23.800]  However, if you're advertising as a college, as a regionally accredited institution that
[35:23.800 --> 35:28.400]  you're...and representing someone as a doctor, I think that there should definitely be an
[35:28.400 --> 35:32.920]  expectation that that's legitimate, like not, you know, from a diploma mill.
[35:32.920 --> 35:37.440]  Particularly since, like, everything about this guy's claims, if you spend five minutes
[35:37.440 --> 35:41.760]  looking into it, you see that it's all completely, you know, it's hogwash.
[35:41.760 --> 35:49.000]  So when I look at the consumer protection law, you know, disparaging goods or services,
[35:49.000 --> 35:52.720]  you know, by false or misleading representation of the fact, representing things that the
[35:52.720 --> 35:55.160]  particular standard or quality of grade that they're not.
[35:55.160 --> 36:00.080]  Like, so you're acting and telling me this guy is a doctor and you're, you know, an accredited
[36:00.080 --> 36:02.760]  institution and, you know, he's nowhere near a doctor.
[36:02.760 --> 36:09.880]  I mean, he's like doctor like Dr. Dre or, you know, like who's the, you know, the rap
[36:09.880 --> 36:10.880]  artist or whatever.
[36:10.880 --> 36:12.920]  I mean, he's not.
[36:12.920 --> 36:18.000]  So that's why, you know, like that's the basis I feel I have a claim with the college, like
[36:18.000 --> 36:19.840]  false advertising and misrepresenting.
[36:19.840 --> 36:23.520]  You know, if you're a college, if you're a, you know, you're using the word doctor, you
[36:23.520 --> 36:28.400]  have an obligation there, you know, like the, it's misleading, certainly misleading.
[36:28.400 --> 36:30.720]  The college itself has an obligation.
[36:30.720 --> 36:40.680]  If they're promoting this person under their cover, then they are equally responsible.
[36:40.680 --> 36:42.440]  It goes to vicarious liability.
[36:42.440 --> 36:43.440]  Right.
[36:43.440 --> 36:47.120]  And then negligence because they had plenty of opportunities and he's been there for 11
[36:47.120 --> 36:48.120]  years.
[36:48.120 --> 36:51.560]  I was looking to it and then after I brought it up to their attention, they still went,
[36:51.560 --> 36:54.000]  oh, you're a technical research Institute.
[36:54.000 --> 36:59.520]  That sounds fine with us, you know, so I, so I have that problem.
[36:59.520 --> 37:04.320]  So I wanted to say that like in my claim, I wanted them to, you know, either terminate
[37:04.320 --> 37:08.360]  him or, you know, tell the truth, you know, about what he's really about, which, you know,
[37:08.360 --> 37:11.600]  I really would prefer that he not work there anymore, but that's probably more personal
[37:11.600 --> 37:18.080]  than I'd like them to reimburse the veterans organization that paid for me to go there
[37:18.080 --> 37:21.880]  so that they can use those funds towards something that's actually amounts to something.
[37:21.880 --> 37:25.920]  And I'd like to be compensated for my time and inconvenience and whatnot.
[37:25.920 --> 37:29.760]  So I was planning on including that in the tort letter to them.
[37:29.760 --> 37:33.800]  And I was wondering if you had any thoughts on that?
[37:33.800 --> 37:37.760]  One thing I would want to, I want to do a little more research.
[37:37.760 --> 37:45.160]  So I would know how to state a cause of action in the tort letter so that when they read
[37:45.160 --> 37:50.440]  the tort letter, they will essentially be reading this lawsuit that's coming after.
[37:50.440 --> 37:51.440]  Right.
[37:51.440 --> 37:58.200]  So you need to know what their art, their defense is going to be before they get to
[37:58.200 --> 37:59.200]  it.
[37:59.200 --> 38:00.200]  Right.
[38:00.200 --> 38:02.760]  Well, I feel like- You could make a pretty large claim.
[38:02.760 --> 38:10.680]  You need to look at how much money the school has collected based on these false practices
[38:10.680 --> 38:15.360]  and sue for yourself and all others similarly situated.
[38:15.360 --> 38:16.360]  Hmm.
[38:16.360 --> 38:17.360]  Okay.
[38:17.360 --> 38:18.360]  That's a lot.
[38:18.360 --> 38:24.320]  I was just going to tell them to give me five grand in 10 days or I would sue them.
[38:24.320 --> 38:29.920]  Basically was what I planned on doing, but- Well, if you want five grand, ask them for
[38:29.920 --> 38:30.920]  25.
[38:30.920 --> 38:31.920]  Okay.
[38:31.920 --> 38:38.240]  And then be very reasonable and play, let's make a deal.
[38:38.240 --> 38:39.240]  Okay.
[38:39.240 --> 38:51.280]  Yeah, I do have empathy for the people that went through what I went through, but I think,
[38:51.280 --> 38:56.320]  and I imagine that there was probably more than one person that thought this guy was
[38:56.320 --> 39:01.640]  kind of hokey or whatever, but they just never bothered to really look into it.
[39:01.640 --> 39:06.680]  I did have another- I'm going to go ahead and inquire about their hiring procedures.
[39:06.680 --> 39:09.960]  Oh, are they required to do that to me?
[39:09.960 --> 39:11.960]  Wait, say that again?
[39:11.960 --> 39:16.360]  Are they required to give me their procedures for hiring?
[39:16.360 --> 39:20.520]  As far as I know, if they take any public funding, absolutely.
[39:20.520 --> 39:21.520]  Okay.
[39:21.520 --> 39:25.600]  And do they have the right- Make a request to them under your records
[39:25.600 --> 39:26.600]  tax of Pennsylvania.
[39:26.600 --> 39:29.720]  And you have a pretty good act.
[39:29.720 --> 39:35.720]  I used it once and the prosecutor told me, made it real clear to me that it didn't apply
[39:35.720 --> 39:43.000]  to me because I wasn't a citizen of the state of Pennsylvania, chump, so I had somebody
[39:43.000 --> 39:44.480]  else give it to me.
[39:44.480 --> 39:45.480]  Okay.
[39:45.480 --> 39:46.480]  All right.
[39:46.480 --> 39:47.480]  Well, that's cool.
[39:47.480 --> 39:48.480]  That's a good idea.
[39:48.480 --> 39:49.480]  All right.
[39:49.480 --> 39:50.480]  I'll look at that and reference that.
[39:50.480 --> 39:54.560]  And then the other thing I wanted to know was, I have a real quick mortgage question
[39:54.560 --> 39:55.560]  if you don't mind.
[39:55.560 --> 39:56.560]  Okay.
[39:56.560 --> 40:03.920]  So my husband, we're up paid, we're not in foreclosure or anything like that, and we're
[40:03.920 --> 40:09.880]  thinking of moving, and he says like, he wants to sell and move the house, but he's saying
[40:09.880 --> 40:17.120]  now that if there's a flaw in the mortgage document or they've done something inappropriate
[40:17.120 --> 40:21.640]  or whatever, and he files suit, he could win his house.
[40:21.640 --> 40:32.040]  So I'm wondering basically, the short question is, if you're not already in foreclosure,
[40:32.040 --> 40:38.760]  like if you're just suing the bank based on the fact that there's something fraudulent
[40:38.760 --> 40:43.240]  in the documentation, the timeframe is different?
[40:43.240 --> 40:50.240]  That is the best time to sue them because they have no counterclaim.
[40:50.240 --> 40:51.240]  Right.
[40:51.240 --> 40:55.960]  They have zero leverage.
[40:55.960 --> 41:04.960]  Here's your problem, if you have a mortgage on a house and you want to sell that house,
[41:04.960 --> 41:12.560]  the problem is, is because of these shenanigans on the part of the lenders in the last year,
[41:12.560 --> 41:17.760]  the average property values across the nation dropped 44%.
[41:17.760 --> 41:18.760]  Right.
[41:18.760 --> 41:27.480]  That's almost cut it in half, and it dropped 10% the first quarter of this year.
[41:27.480 --> 41:28.480]  Right.
[41:28.480 --> 41:31.480]  Can you hear that?
[41:31.480 --> 41:35.040]  Oh my goodness, you need to get that poor baby some chocolate.
[41:35.040 --> 41:38.600]  I think Sally would love that.
[41:38.600 --> 41:39.600]  I can tell.
[41:39.600 --> 41:41.960]  I'm a grandpa, and I know these six.
[41:41.960 --> 41:43.960]  He's only eight months old.
[41:43.960 --> 41:47.120]  I don't know how that would go over, but so...
[41:47.120 --> 41:56.640]  Here's the real problem that you're going to have, you can't get mortgage insurance.
[41:56.640 --> 42:03.840]  If they sold that security instrument into the secondary market, they clouded the title.
[42:03.840 --> 42:08.480]  Now you want to sell your property and you can't because nobody can get the quiet title
[42:08.480 --> 42:09.480]  on it.
[42:09.480 --> 42:12.600]  Or if they do get quiet titles, it's going to cost them a fortune for title insurance.
[42:12.600 --> 42:17.000]  They're going to pay you a whole lot less money because of the risk involved.
[42:17.000 --> 42:22.480]  But that's only if they screwed it up, right, and what you're saying now.
[42:22.480 --> 42:31.720]  If they're not a bank in Minnesota, in Northern Minnesota, or one in South Carolina, they
[42:31.720 --> 42:32.720]  screwed it up.
[42:32.720 --> 42:33.720]  Oh, let me see.
[42:33.720 --> 42:34.720]  I'll tell you where they're located.
[42:34.720 --> 42:35.720]  Really quick.
[42:35.720 --> 42:39.920]  Who is the original lender?
[42:39.920 --> 42:43.000]  They are in Kansas City, Missouri.
[42:43.000 --> 42:45.720]  They're from Kansas.
[42:45.720 --> 42:51.160]  Oh, Missouri, Missouri and Kansas, both of those states, they screw up everything.
[42:51.160 --> 42:56.480]  But yeah, you look at it, I can almost assure you they sold their note on the secondary
[42:56.480 --> 42:57.480]  market.
[42:57.480 --> 43:02.160]  There's only one, I've only heard of two banks and they're both real small banks that didn't
[43:02.160 --> 43:03.560]  sell the security instrument.
[43:03.560 --> 43:07.440]  How come the houses up and down our street are selling?
[43:07.440 --> 43:09.200]  I mean, like sold?
[43:09.200 --> 43:11.360]  What are they selling for?
[43:11.360 --> 43:16.200]  You've got people in their houses who can't pay for them, they'll get out of them for
[43:16.200 --> 43:17.760]  any reason right now.
[43:17.760 --> 43:18.760]  Right.
[43:18.760 --> 43:22.600]  Take a little drive up to Detroit and see what's coming.
[43:22.600 --> 43:23.600]  Yeah, I did.
[43:23.600 --> 43:26.800]  I mean, we know and we've looked at that.
[43:26.800 --> 43:33.120]  But so if he decides to pursue this, and given that we're not in foreclosure, could you approximate
[43:33.120 --> 43:34.120]  a timeframe?
[43:34.120 --> 43:35.120]  Say that again?
[43:35.120 --> 43:40.120]  Like how long do you think it would take?
[43:40.120 --> 43:47.080]  Oh, since you're not foreclosure, they'll almost certainly offer you a deal almost immediately.
[43:47.080 --> 43:51.800]  Okay, hang on, we'll finish up quickly, then we'll take Tyler in Wyoming, then John in
[43:51.800 --> 43:52.800]  Kentucky.
[43:52.800 --> 44:01.360]  New La Radio, 512-646-1984, we'll be right back.
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[45:00.680 --> 45:05.520]  It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't
[45:05.520 --> 45:06.520]  so easy.
[45:06.520 --> 45:09.320]  And neither is finding like-minded people to share it with.
[45:09.320 --> 45:12.280]  Oh, well I guess you haven't heard of Brave New Books, then.
[45:12.280 --> 45:13.280]  Brave New Books?
[45:13.280 --> 45:14.280]  Yes.
[45:14.280 --> 45:18.640]  Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones,
[45:18.640 --> 45:20.640]  Ron Paul, and Geobert Griffin.
[45:20.640 --> 45:23.920]  They even stock inner food, Berkey products, and Calvin Soaps.
[45:23.920 --> 45:26.960]  There's no way a place like that exists.
[45:26.960 --> 45:28.440]  Go check it out for yourself.
[45:28.440 --> 45:32.360]  It's downtown at 1904 Guadalupe Street, just south of UT.
[45:32.360 --> 45:36.160]  Oh, by UT, there's never anywhere to park down there.
[45:36.160 --> 45:41.440]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK Parking
[45:41.440 --> 45:44.440]  Facility, just behind the bookstore.
[45:44.440 --> 45:47.440]  It does exist, but when are they open?
[45:47.440 --> 45:52.200]  Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays.
[45:52.200 --> 45:56.080]  So give them a call at 512-480-2503.
[45:56.080 --> 45:58.880]  Also check out their events page at bravenewbookstore.com.
[46:26.080 --> 46:42.360]  Okay, this is Randy Kelton, Eddie Craven with La Radio.
[46:42.360 --> 46:44.320]  Deborah has the night off.
[46:44.320 --> 46:50.160]  We're talking to Evangeline from Pennsylvania, and I have a suggestion.
[46:50.160 --> 46:57.480]  Set it up for sale, put the price you would like to have on it, get someone to look at
[46:57.480 --> 47:01.040]  it and refuse to pay that price.
[47:01.040 --> 47:10.720]  Now you can claim that as harm because of the illegal activities of these bankers.
[47:10.720 --> 47:18.880]  They have lowered the price, caused the price of your property to drop and ruined the sale
[47:18.880 --> 47:19.880]  for you.
[47:19.880 --> 47:27.120]  You already have a claim to harm anyway, but if you want to sell it and somebody offers
[47:27.120 --> 47:33.760]  you way less than what you think it ought to bring, then sue the lender.
[47:33.760 --> 47:41.200]  Good chance the lender will make you a good deal because he sees the writing on the wall.
[47:41.200 --> 47:48.000]  A couple of weeks ago in this 60 Minutes program, right at the end they had the director of
[47:48.000 --> 47:55.040]  the Federal Deposit Insurance Corporation on, and she was saying how the government and
[47:55.040 --> 48:01.120]  the states were trying to get the banks to set aside a fund for the purpose of reimbursing
[48:01.120 --> 48:06.240]  these people who were wrongfully foreclosed on.
[48:06.240 --> 48:11.920]  The ones who will receive the lion's share of that fund is the ones who sued the Crapola
[48:11.920 --> 48:14.920]  out of the banks.
[48:14.920 --> 48:20.720]  The ones who just come in complaining, they'll offer them a pittance, or they'll offer you
[48:20.720 --> 48:28.000]  a really great deal like this guy in Manhattan got offered on a property that Chase was foreclosing
[48:28.000 --> 48:29.000]  on.
[48:29.000 --> 48:34.840]  They said, tell you what, we're really nice guys and we'll help you out here.
[48:34.840 --> 48:40.840]  What we'll do is we'll offer to short-sale your property at the current value, and we'll
[48:40.840 --> 48:45.120]  bring it into praise or have it appraised, and we'll short-sale it for that property
[48:45.120 --> 48:46.120]  and give you $25,000.
[48:46.120 --> 48:49.120]  Isn't that a great deal?
[48:49.120 --> 48:55.640]  The problem is property values have been cut in half in the last year, and they know it.
[48:55.640 --> 49:03.520]  So if you have a $300,000 loan, they'll come in and sell your property for $150,000, add
[49:03.520 --> 49:10.000]  $25,000 to it, and then sue you for the balance.
[49:10.000 --> 49:17.000]  So they're trying all kinds of tricks to bail themselves out of these positions, and the
[49:17.000 --> 49:20.640]  only thing that's going to give you leverage on them is to sue them.
[49:20.640 --> 49:29.960]  And once you sue them, they're looking at two or three, four years in court, it's costing
[49:29.960 --> 49:33.600]  them a lot of money to defend.
[49:33.600 --> 49:38.960]  If you're not behind at all, you're not in foreclosure, almost certainly they'll come
[49:38.960 --> 49:42.600]  to you with a deal.
[49:42.600 --> 49:48.360]  Most of ours that file when they're not behind, we get a deal off quickly, but it's a chump
[49:48.360 --> 49:49.360]  deal.
[49:49.360 --> 49:56.160]  So then we need to fight them past the Rule 12 motion to dismiss.
[49:56.160 --> 50:02.220]  Once you get into discovery, then they should be ready to come to the table in earnest.
[50:02.220 --> 50:07.760]  But as to how long, we have no idea, there's no way to tell.
[50:07.760 --> 50:12.440]  If you have to move it quickly, if you can find somebody to buy it, good luck to them.
[50:12.440 --> 50:16.440]  Okay, do you have any more questions or comments?
[50:16.440 --> 50:17.440]  Hello?
[50:17.440 --> 50:22.160]  Oh, I'm sorry, I've heard somebody muted you, I think it was Jesse.
[50:22.160 --> 50:23.160]  Oh, okay.
[50:23.160 --> 50:27.360]  Because I kept trying to cut you off, sorry.
[50:27.360 --> 50:32.480]  So I do have one more quick question.
[50:32.480 --> 50:39.000]  He has his Truth in Lending Statement and HUD 1 Settlement Statement was somebody got
[50:39.000 --> 50:44.360]  into his stuff and took it, it's kind of a long story, but...
[50:44.360 --> 50:47.440]  How old is the note?
[50:47.440 --> 50:50.720]  When did you refinance it, three years ago?
[50:50.720 --> 50:51.720]  Four?
[50:51.720 --> 50:52.720]  Five?
[50:52.720 --> 50:53.720]  Five.
[50:53.720 --> 50:59.760]  Okay, they were required to keep records for five years, just send a letter to the lender
[50:59.760 --> 51:07.520]  and ask him for a copy of Truth in Lending Note and Settlement Statement.
[51:07.520 --> 51:08.520]  Okay.
[51:08.520 --> 51:12.320]  And if the lender gives you the problem, go to the Closing Trustee, he'll have a copy
[51:12.320 --> 51:13.320]  of it.
[51:13.320 --> 51:14.320]  Okay.
[51:14.320 --> 51:15.320]  All right.
[51:15.320 --> 51:17.360]  Thank you very much.
[51:17.360 --> 51:18.360]  You are welcome.
[51:18.360 --> 51:23.680]  Okay, we're going to go to Tyler in Wyoming.
[51:23.680 --> 51:26.920]  Tyler, what do you got for us tonight?
[51:26.920 --> 51:28.920]  Randy, how are you doing?
[51:28.920 --> 51:29.920]  Doing good.
[51:29.920 --> 51:31.960]  Thanks for having me on the show here.
[51:31.960 --> 51:32.960]  You are welcome.
[51:32.960 --> 51:33.960]  I'm doing good.
[51:33.960 --> 51:34.960]  I don't care what Eddie says.
[51:34.960 --> 51:43.960]  I wanted to talk about the traffic citations.
[51:43.960 --> 51:53.080]  Dad's got one down there in Colorado and they're just kind of, well, in my opinion, they're
[51:53.080 --> 51:59.080]  just kind of railroading him, you know, kind of through a kangaroo corp process.
[51:59.080 --> 52:00.560]  He filed a few documents.
[52:00.560 --> 52:07.440]  He filed an interrogatory, a discovery motion asking questions whether it was a civil trial
[52:07.440 --> 52:13.440]  or whether the rules of civil procedure are applied and asked basic questions and he filed
[52:13.440 --> 52:20.560]  a motion to dismiss, motion for continuance until the other documents were answered.
[52:20.560 --> 52:25.920]  He also filed a trial by jury based on the Seventh Amendment, which basically says anything
[52:25.920 --> 52:31.960]  over $20 is a jury right.
[52:31.960 --> 52:34.800]  The judge did respond to the first two documents.
[52:34.800 --> 52:42.480]  Basically, she said that Colorado rules do not allow trial by jury in traffic cases,
[52:42.480 --> 52:50.240]  so I guess that overrides constitutional guarantees and then also if the interrogatory
[52:50.240 --> 52:58.000]  should just stricken because the rule eight or something like that of the Colorado rules
[52:58.000 --> 53:08.120]  traffic infractions didn't allow pretrial discovery, they said, and until the day of
[53:08.120 --> 53:15.000]  the trial or the hearing, initial hearing, and then the discovery was limited to only
[53:15.000 --> 53:16.000]  the officer's documents.
[53:16.000 --> 53:19.880]  In other words, you couldn't even view what the officer had until you got there to trial,
[53:19.880 --> 53:24.160]  which I thought was the tip of the scales right there.
[53:24.160 --> 53:32.080]  But he had went into court the other day for trial and I had went with him as an advisor.
[53:32.080 --> 53:37.600]  I was hoping to be an advisor just to kind of help him keep track of his notes and so
[53:37.600 --> 53:38.600]  forth.
[53:38.600 --> 53:40.320]  He had a little trouble hearing too.
[53:40.320 --> 53:46.960]  The judge had first allowed it and then the officer had objected and said, you know, there's
[53:46.960 --> 53:52.160]  no proof that he even has hearing problems or anything.
[53:52.160 --> 53:57.640]  And I said, no, Your Honor, I'm a first-hand witness to that, that he does.
[53:57.640 --> 54:01.120]  And then she basically told me to be quiet.
[54:01.120 --> 54:05.960]  And then he objected again and said, see, he's acting as an attorney.
[54:05.960 --> 54:06.960]  And I said, no, I'm not.
[54:06.960 --> 54:10.440]  I said, I was just answering a question in a witness capacity.
[54:10.440 --> 54:17.200]  Well, what was the officer doing if it's not acting as an attorney?
[54:17.200 --> 54:20.000]  Well, exactly.
[54:20.000 --> 54:28.120]  I mean, in a sense, he is on this ticket because he's the one that wrote the citation.
[54:28.120 --> 54:30.640]  But yet he's, but there's no district attorney there.
[54:30.640 --> 54:35.240]  He's the one supposedly it's brought from the state, but he's the representative.
[54:35.240 --> 54:41.000]  So I mean, in a sense, he would be acting as an attorney too, would he not?
[54:41.000 --> 54:43.000]  Sure would.
[54:43.000 --> 54:51.400]  So what does the state constitution say about who can act as an attorney for the state?
[54:51.400 --> 54:55.560]  It's got to be the person with the bar license.
[54:55.560 --> 54:56.760]  Okay.
[54:56.760 --> 54:58.720]  Then make that an issue.
[54:58.720 --> 55:05.600]  Use these statutes as unconstitutional on their face and get this going.
[55:05.600 --> 55:06.960]  Okay.
[55:06.960 --> 55:15.720]  That accused the officer of impersonating an attorney because if it's a municipality,
[55:15.720 --> 55:21.640]  that's a corporation and corporations must be represented by council.
[55:21.640 --> 55:23.000]  That's what I was going to break up.
[55:23.000 --> 55:25.360]  What I have trouble, I have trouble getting into Westlaw.
[55:25.360 --> 55:28.440]  I don't know how to find that statute.
[55:28.440 --> 55:32.720]  It is, this municipality is a corporation, but I don't know how to find that statute
[55:32.720 --> 55:38.960]  to say, you know, your honor, this is a corporation and he's representing a corporation.
[55:38.960 --> 55:42.880]  That's simply the law of corporations nationwide.
[55:42.880 --> 55:48.960]  Under that doctrine, a corporation cannot be represented in a court of law by anyone
[55:48.960 --> 55:52.080]  other than an attorney.
[55:52.080 --> 55:53.640]  Okay.
[55:53.640 --> 55:58.480]  Now what, even if they claim it to be a civil matter in Colorado?
[55:58.480 --> 56:04.960]  Under any matter, a corporation does not exist except on paper, therefore, it cannot act
[56:04.960 --> 56:07.120]  as its own legal counsel.
[56:07.120 --> 56:11.640]  It can only be represented by an attorney.
[56:11.640 --> 56:14.640]  Okay.
[56:14.640 --> 56:20.840]  And do you know where I could find some legal backing to base that or?
[56:20.840 --> 56:24.800]  Well, Randy should have case law at the yin-yang on that by now.
[56:24.800 --> 56:27.240]  Well, that's, I mean, it shouldn't be hard to find.
[56:27.240 --> 56:33.240]  It's not something that I have researched out because it's not something anybody's
[56:33.240 --> 56:34.240]  ever questioned.
[56:34.240 --> 56:35.240]  Sure.
[56:35.240 --> 56:36.240]  But...
[56:36.240 --> 56:40.800]  Well, we were actually, my dad was actually going to do that.
[56:40.800 --> 56:46.280]  If he got into the trial, he was going to ask him, he represent here or he was going
[56:46.280 --> 56:49.560]  to ask, actually ask him who's the plaintiff and he would have sent the people to the state
[56:49.560 --> 56:51.520]  of Colorado and then he was going to ask, well, who are you?
[56:51.520 --> 56:55.520]  And he would have to say, well, I'm the officer, you'd have to say something like I'm representing
[56:55.520 --> 56:56.520]  here.
[56:56.520 --> 56:57.520]  Wait a minute.
[56:57.520 --> 56:58.520]  Wait a minute.
[56:58.520 --> 57:00.480]  The people of the state of Colorado cannot be the plaintiff.
[57:00.480 --> 57:04.880]  Oh, on the ticket, it says the people of the state of Colorado.
[57:04.880 --> 57:06.640]  That's exactly what it reads, is the plaintiff.
[57:06.640 --> 57:12.280]  It is the people and you are being prosecuted under the authority of the people of the state
[57:12.280 --> 57:13.280]  of Texas.
[57:13.280 --> 57:15.280]  That is not the complainant.
[57:15.280 --> 57:17.280]  Oh, I'm sorry.
[57:17.280 --> 57:18.280]  Colorado rate.
[57:18.280 --> 57:19.280]  Okay.
[57:19.280 --> 57:20.280]  Okay.
[57:20.280 --> 57:21.280]  Plaintiff, not a accuser.
[57:21.280 --> 57:22.280]  I'm bringing this today.
[57:22.280 --> 57:23.280]  That's okay.
[57:23.280 --> 57:31.000]  Yeah, this is Colorado and on the ticket, it says the people of the state of Colorado,
[57:31.000 --> 57:37.120]  which is actually people, the fictitious entity is actually the state because there is no people
[57:37.120 --> 57:38.120]  bringing the charges.
[57:38.120 --> 57:41.760]  I mean, there's no damage party or anything, which we were going to bring that up too,
[57:41.760 --> 57:47.840]  but it's just called the people of the state of Colorado.
[57:47.840 --> 58:00.440]  What kind of hearing were you in that the officer was directing the prosecution?
[58:00.440 --> 58:03.960]  It was the, they call it the first, the initial hearing.
[58:03.960 --> 58:07.760]  Yeah, that's got to be an arraignment hearing.
[58:07.760 --> 58:08.760]  Yeah.
[58:08.760 --> 58:09.760]  Yeah.
[58:09.760 --> 58:15.880]  So the officer was there and not an attorney because they generally don't need any, they
[58:15.880 --> 58:18.400]  generally want an attorney to meet with here to play.
[58:18.400 --> 58:19.400]  Let's make a deal.
[58:19.400 --> 58:20.400]  Right.
[58:20.400 --> 58:25.520]  And so they just deal directly with the officer.
[58:25.520 --> 58:26.800]  I'd tell him to go scratch.
[58:26.800 --> 58:28.760]  I don't talk to the bad guys anyway.
[58:28.760 --> 58:29.760]  Okay.
[58:29.760 --> 58:34.360]  This is Randy Kelton, Eddie Craig, David Stevens has a night off.
[58:34.360 --> 58:37.360]  This is our four hour info marathon.
[58:37.360 --> 58:43.320]  We'll finish up with Tyler on the other side and we have John from Kentucky and the lines
[58:43.320 --> 58:44.320]  are still open.
[58:44.320 --> 58:53.760]  If you have some questions on traffic, criminal, foreclosure, how much beer I can drink, just
[58:53.760 --> 59:00.160]  give us a call 512-646-1984 and we'll be right back.
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[59:58.800 --> 01:00:04.600]  This news brief brought to you by the International News Next.
[01:00:04.600 --> 01:00:11.080]  Syrian security forces Friday killed at least 22 protesters in huge anti-government demonstrations.
[01:00:11.080 --> 01:00:15.520]  Protesters have taken to the streets for rallies on what activists have dubbed Great Friday.
[01:00:15.520 --> 01:00:20.840]  14 of the deaths were in Israa near the town of Dara.
[01:00:20.840 --> 01:00:27.200]  Senator Al Franken and Representative Ed Markey wrote Apple CEO Steve Jobs this week demanding
[01:00:27.200 --> 01:00:31.800]  to know why Apple is keeping a log of every place its customers go.
[01:00:31.800 --> 01:00:37.820]  Researchers Alistair Allen and Pete Worden revealed Wednesday Apple iPads and iPhones
[01:00:37.820 --> 01:00:43.640]  contain tracking software because the location is derived from cell phone towers.
[01:00:43.640 --> 01:00:47.920]  The researchers believe the feature cannot be disabled.
[01:00:47.920 --> 01:00:53.720]  The 41st annual Earth Day Friday originally organized in response to the 1969 Santa Barbara
[01:00:53.720 --> 01:00:59.400]  oil spill also marked the one year anniversary of the BP oil disaster which ruined Gulf of
[01:00:59.400 --> 01:01:03.760]  Mexico ecosystems as well as Gulf residents livelihoods.
[01:01:03.760 --> 01:01:09.080]  The Clean Air Act, the Safe Drinking Water Act, the Environmental Protection Agency and
[01:01:09.080 --> 01:01:14.640]  the Occupational Safe and Health Administration were all products of the 1970s environmental
[01:01:14.640 --> 01:01:16.640]  movement.
[01:01:16.640 --> 01:01:22.080]  One year after the BP oil spill, the worst environmental disaster in the nation's history,
[01:01:22.080 --> 01:01:26.960]  Congress has yet to adopt a single major law on oil and gas drilling.
[01:01:26.960 --> 01:01:32.480]  More than 150 bills to improve the safety and oversight of offshore drilling have been
[01:01:32.480 --> 01:01:38.440]  introduced and more than 60 hearings held to discuss the spill's causes and consequences.
[01:01:38.440 --> 01:01:43.320]  Just last week, the House Natural Resources Committee passed three bills to accelerate
[01:01:43.320 --> 01:01:48.160]  the offshore drilling permitting process and open up new areas to drilling off the coast
[01:01:48.160 --> 01:01:51.840]  of California, Florida, Massachusetts and North Carolina.
[01:01:51.840 --> 01:01:57.680]  The Center for Responsive Politics said in 2010 the oil and gas industry spent more than
[01:01:57.680 --> 01:02:05.920]  $146 million to lobby the federal government and donated $28 million to federal campaigns.
[01:02:05.920 --> 01:02:11.580]  The Fukushima nuclear disaster highlights nuclear power's other major weakness, insurance.
[01:02:11.580 --> 01:02:15.400]  The plant's operator, TEPCO, had no disaster insurance.
[01:02:15.400 --> 01:02:19.680]  Governments that use nuclear energy are torn between the benefit of low cost electricity
[01:02:19.680 --> 01:02:24.160]  and the risk of a nuclear catastrophe which could total trillions of dollars and even
[01:02:24.160 --> 01:02:25.560]  bankrupt a country.
[01:02:25.560 --> 01:02:30.340]  A major nuclear accident is statistically extremely unlikely, but the world has already
[01:02:30.340 --> 01:02:35.480]  suffered three in 30 years, Three Mile Island, Chernobyl and now Fukushima.
[01:02:35.480 --> 01:02:39.960]  In Germany, for example, the cost of a worst case nuclear accident has been estimated at
[01:02:39.960 --> 01:02:46.080]  $11 trillion, yet mandatory reactor insurance covers only $3.6 billion.
[01:02:46.080 --> 01:02:51.880]  Olaf Hohmeier, a member of the German government's environmental advisory body, says the $3.6
[01:02:51.880 --> 01:02:56.040]  billion will be just enough to buy stamps for the letters of condolence.
[01:03:21.880 --> 01:03:39.840]  It's all according to the will of the Almighty I read his book and it says it cares not for
[01:03:39.840 --> 01:03:51.000]  the unsightly These warm hungers come by that term rightly
[01:03:51.000 --> 01:03:58.360]  I won't pay for the war with my body He ain't gonna pay for the car with my money
[01:03:58.360 --> 01:04:03.600]  Okay, we're back, Randy Kelton, Eddie Craig, Deborah Stevens has the night off.
[01:04:03.600 --> 01:04:10.520]  We were talking to Tyler in Wyoming about his Colorado tickets.
[01:04:10.520 --> 01:04:13.720]  Okay, where were we, Tyler?
[01:04:13.720 --> 01:04:19.000]  Well, you know, the main question I had for you guys, and I got several, probably more
[01:04:19.000 --> 01:04:27.240]  than time allows here, but it filed a motion for dismissal where I challenged the standing,
[01:04:27.240 --> 01:04:32.040]  the cause of action, and mainly the jurisdiction due to no standing, no injured party and so
[01:04:32.040 --> 01:04:33.560]  forth.
[01:04:33.560 --> 01:04:38.440]  And he said that she had ruled on that, but never mailed that back, so that was the one
[01:04:38.440 --> 01:04:41.000]  document I never got to see the ruling on.
[01:04:41.000 --> 01:04:45.480]  The others were mailed back and she didn't really do it officially, the judge just copied
[01:04:45.480 --> 01:04:51.040]  the first page of the motion and then mailed that back with a handwritten note, which was
[01:04:51.040 --> 01:04:52.040]  very unprofessional.
[01:04:52.040 --> 01:04:59.040]  I mean, that in itself, it didn't be acceptable, but apparently she didn't want to take time
[01:04:59.040 --> 01:05:02.360]  to do it properly.
[01:05:02.360 --> 01:05:07.960]  But she never did let us see the ruling on the motion for dismissal.
[01:05:07.960 --> 01:05:14.640]  And I don't know if you can do this, but I had put a disclaimer on there that basically
[01:05:14.640 --> 01:05:19.480]  said it was the legal binding document that required a bona fide response.
[01:05:19.480 --> 01:05:23.840]  And if it was ignored or just damned denied, that it would be considered default from the
[01:05:23.840 --> 01:05:25.880]  court.
[01:05:25.880 --> 01:05:29.280]  And she said she'd ruled on it, but yet it was never mailed back.
[01:05:29.280 --> 01:05:31.040]  We didn't see it.
[01:05:31.040 --> 01:05:36.040]  The day before the hearing, it was in the computer that it was not even ruled on.
[01:05:36.040 --> 01:05:41.680]  So we had to get all the way down to Colorado travel, you know, 300 mile round trip to find
[01:05:41.680 --> 01:05:46.920]  out that she said that she ruled on it, but we didn't get to see it.
[01:05:46.920 --> 01:05:51.360]  And to make a long story short, the trial was postponed again.
[01:05:51.360 --> 01:05:52.360]  Why?
[01:05:52.360 --> 01:05:53.360]  We don't know.
[01:05:53.360 --> 01:05:59.720]  Apparently, she thought that maybe my dad needed a state interpreter.
[01:05:59.720 --> 01:06:01.400]  Maybe she thought I was acting as an attorney.
[01:06:01.400 --> 01:06:10.080]  I don't know, but my tape recorder was confiscated and she threatened to hold me in contempt
[01:06:10.080 --> 01:06:13.600]  if I did not erase the proceedings.
[01:06:13.600 --> 01:06:16.040]  And I said, you mean I can't record the proceedings?
[01:06:16.040 --> 01:06:17.200]  And she said, no.
[01:06:17.200 --> 01:06:19.000]  And I asked her what law said that.
[01:06:19.000 --> 01:06:21.720]  I couldn't record the proceedings.
[01:06:21.720 --> 01:06:22.720]  And she kind of got smart.
[01:06:22.720 --> 01:06:23.720]  She says, what law?
[01:06:23.720 --> 01:06:28.000]  She goes, how about the chief magistrate's order or something like that?
[01:06:28.000 --> 01:06:34.640]  And she called a sheriff in or another officer and I went out and he said, you will be held
[01:06:34.640 --> 01:06:38.200]  in contempt if you don't erase this and I'm going to have to listen to it.
[01:06:38.200 --> 01:06:42.480]  And I said, well, first of all, I got other stuff on here, so there's stuff here that
[01:06:42.480 --> 01:06:44.400]  I'm not going to share with you.
[01:06:44.400 --> 01:06:48.040]  Not all this stuff on here is your business, basically.
[01:06:48.040 --> 01:06:51.800]  And I did have to erase that hearing, but they made me erase that hearing.
[01:06:51.800 --> 01:06:58.080]  What I'm wondering is, what cords have to hide if they won't let you bring your own
[01:06:58.080 --> 01:07:00.120]  recording device in?
[01:07:00.120 --> 01:07:06.920]  Supposedly, you can get a transcript, but that was just for our own information to keep.
[01:07:06.920 --> 01:07:11.320]  And that was another thing that I thought was kind of funny.
[01:07:11.320 --> 01:07:16.120]  But if they didn't answer that document, or we can't see it to look at it, what can we
[01:07:16.120 --> 01:07:23.160]  do now to make them comply with law there, to make them, because I don't even know what
[01:07:23.160 --> 01:07:24.160]  it says.
[01:07:24.160 --> 01:07:25.160]  I don't even know what the ruling says.
[01:07:25.160 --> 01:07:33.160]  File a motion in the next higher court to compel the municipal court or the traffic
[01:07:33.160 --> 01:07:39.160]  court to issue a written order.
[01:07:39.160 --> 01:07:44.640]  Then you can file a motion for findings of fact and conclusions at law, which they'll
[01:07:44.640 --> 01:07:45.640]  ignore.
[01:07:45.640 --> 01:07:51.360]  And then you file a judicial conduct complaint against the judge, just for yucks.
[01:07:51.360 --> 01:07:56.080]  OK, could you go through that one more time, so I can get that?
[01:07:56.080 --> 01:08:00.680]  You ask, file a motion to compel to the next higher court.
[01:08:00.680 --> 01:08:03.400]  A motion to compel to the next higher court?
[01:08:03.400 --> 01:08:09.680]  Yeah, and ask the higher court to compel the lower judge to issue a written order.
[01:08:09.680 --> 01:08:13.680]  You can't appeal this unless you have an order on it.
[01:08:13.680 --> 01:08:18.840]  Then when you get the order, then you ask for a findings of fact and conclusions at
[01:08:18.840 --> 01:08:19.840]  law.
[01:08:19.840 --> 01:08:26.560]  You can't ask for findings of fact until you have an order.
[01:08:26.560 --> 01:08:31.760]  And you need findings of fact in order to be able to appeal the order.
[01:08:31.760 --> 01:08:38.360]  And the requirement for findings of fact is ministerial, not discretionary.
[01:08:38.360 --> 01:08:41.840]  So that's a matter over which you can sue the judge.
[01:08:41.840 --> 01:08:45.840]  OK, and then that's what we're thinking about here.
[01:08:45.840 --> 01:08:52.760]  So you file a motion to the next higher court, and you want them to issue a written order,
[01:08:52.760 --> 01:08:57.840]  an issue of a written order saying what exactly do you want to apply?
[01:08:57.840 --> 01:09:04.720]  Just a written order directing the lower court judge to issue a written order denying your
[01:09:04.720 --> 01:09:10.360]  motion to deny a motion challenging subject matter jurisdiction.
[01:09:10.360 --> 01:09:18.380]  Yeah, denying order, challenging jurisdiction, yeah.
[01:09:18.380 --> 01:09:21.320]  So look up motion to compel California law.
[01:09:21.320 --> 01:09:24.160]  Motion to compel.
[01:09:24.160 --> 01:09:25.160]  Colorado law.
[01:09:25.160 --> 01:09:26.160]  Colorado law.
[01:09:26.160 --> 01:09:27.160]  Yeah, Colorado law.
[01:09:27.160 --> 01:09:28.160]  Didn't I say that?
[01:09:28.160 --> 01:09:29.160]  Yeah, sometime back.
[01:09:29.160 --> 01:09:37.400]  You probably deal with so much there, I imagine it gets confused.
[01:09:37.400 --> 01:09:44.040]  So you OK, so you file a motion to the next higher court to issue a written order directing
[01:09:44.040 --> 01:09:54.200]  the lower court judge to basically ask why she did not answer.
[01:09:54.200 --> 01:09:56.920]  No, no.
[01:09:56.920 --> 01:10:02.480]  You want an order from that judge.
[01:10:02.480 --> 01:10:08.400]  She said she denied the ruling, asked the higher court to direct her to give you the
[01:10:08.400 --> 01:10:10.160]  ruling in writing.
[01:10:10.160 --> 01:10:11.840]  Oh, OK.
[01:10:11.840 --> 01:10:12.840]  Yeah.
[01:10:12.840 --> 01:10:15.640]  Give the ruling in writing.
[01:10:15.640 --> 01:10:20.920]  You need it in writing so you know what she ruled, then you can ask for findings of fact
[01:10:20.920 --> 01:10:28.280]  and conclusions at law in support of that ruling because she only has authority to determine
[01:10:28.280 --> 01:10:32.840]  the facts in accordance with the rules of evidence and then apply the law as it comes
[01:10:32.840 --> 01:10:37.440]  to her or him to the facts in the case.
[01:10:37.440 --> 01:10:38.440]  That makes sense.
[01:10:38.440 --> 01:10:44.920]  Let's say she complies and do I motion the findings of fact and conclusions of law to
[01:10:44.920 --> 01:10:48.960]  the lower court judge or do I send that also to the next higher court?
[01:10:48.960 --> 01:10:49.960]  No, no, no.
[01:10:49.960 --> 01:10:52.160]  You send that to the judge that issued the order.
[01:10:52.160 --> 01:10:53.160]  Right.
[01:10:53.160 --> 01:10:57.600]  That asks the judge on what legal basis did you issue this ruling.
[01:10:57.600 --> 01:11:02.880]  OK, now do I send both of those at the same time or do I wait until she responds with
[01:11:02.880 --> 01:11:04.160]  the order from the higher court?
[01:11:04.160 --> 01:11:05.160]  OK, hold on.
[01:11:05.160 --> 01:11:06.160]  You're not getting it.
[01:11:06.160 --> 01:11:11.640]  You need an order.
[01:11:11.640 --> 01:11:19.400]  When you have the order, you read the order and the order tells you what she ruled.
[01:11:19.400 --> 01:11:24.920]  You can't ask her why she ruled until she's ruled.
[01:11:24.920 --> 01:11:30.720]  So when you get the order, you look at it and then say, this is what you ruled.
[01:11:30.720 --> 01:11:34.920]  On what basis did you make this finding?
[01:11:34.920 --> 01:11:36.720]  What facts were developed?
[01:11:36.720 --> 01:11:40.240]  What law did you apply to those facts to come to this ruling?
[01:11:40.240 --> 01:11:42.680]  So you have to have the order first.
[01:11:42.680 --> 01:11:44.880]  OK, OK.
[01:11:44.880 --> 01:11:45.880]  Now what if she denied?
[01:11:45.880 --> 01:11:51.640]  I don't think she would, but what if she denied the higher court's order or what if they just
[01:11:51.640 --> 01:11:53.640]  didn't bother with it?
[01:11:53.640 --> 01:11:58.000]  What kind of a court would you have?
[01:11:58.000 --> 01:12:02.200]  It's just a matter for appeal.
[01:12:02.200 --> 01:12:05.240]  You can file a judicial conduct complaint against the judge.
[01:12:05.240 --> 01:12:09.880]  You can do that anyway.
[01:12:09.880 --> 01:12:17.480]  Because issuing the findings, facts, and conclusions at law is a ministerial duty, and for ministerial
[01:12:17.480 --> 01:12:18.480]  duties, you can sue them.
[01:12:18.480 --> 01:12:22.960]  If you file a complaint against the judge, where does that go?
[01:12:22.960 --> 01:12:30.160]  That you would send the judge a tort letter telling the judge she had been damaged, that
[01:12:30.160 --> 01:12:36.480]  her misfeasance in office has harmed you because now you have no way to file a proper appeal
[01:12:36.480 --> 01:12:42.320]  because you don't know the basis on which she made her ruling, so you don't know how
[01:12:42.320 --> 01:12:43.800]  to challenge it.
[01:12:43.800 --> 01:12:48.000]  OK, so that would go straight to her, that judicial complaint.
[01:12:48.000 --> 01:12:49.000]  Yes.
[01:12:49.000 --> 01:12:50.000]  Exactly.
[01:12:50.000 --> 01:12:53.640]  As well as file that motion of order to the higher court.
[01:12:53.640 --> 01:12:54.640]  Right.
[01:12:54.640 --> 01:12:57.600]  Now, what would you title that to the higher court?
[01:12:57.600 --> 01:12:59.520]  What would be the name of the motion?
[01:12:59.520 --> 01:13:00.520]  Motion to compel.
[01:13:00.520 --> 01:13:01.520]  Motion to compel.
[01:13:01.520 --> 01:13:02.520]  OK.
[01:13:02.520 --> 01:13:03.520]  I've got it here for Colorado.
[01:13:03.520 --> 01:13:04.520]  OK.
[01:13:04.520 --> 01:13:08.040]  I'd want to probably cite a rule there, huh?
[01:13:08.040 --> 01:13:09.040]  Yes.
[01:13:09.040 --> 01:13:11.720]  If you do a search, you can find something on that.
[01:13:11.720 --> 01:13:12.720]  OK.
[01:13:12.720 --> 01:13:13.720]  All right.
[01:13:13.720 --> 01:13:16.240]  Well, I appreciate your help.
[01:13:16.240 --> 01:13:21.320]  My last question here is how can I get some knowledge that you put together?
[01:13:21.320 --> 01:13:26.720]  Do you guys offer a book or seminar or something I can order to help me learn?
[01:13:26.720 --> 01:13:29.360]  Funny you should ask that.
[01:13:29.360 --> 01:13:30.360]  Funny.
[01:13:30.360 --> 01:13:33.440]  Say that again.
[01:13:33.440 --> 01:13:39.040]  He wanted some literature or a book or a seminar or something on this.
[01:13:39.040 --> 01:13:41.040]  You know where he can get something like that?
[01:13:41.040 --> 01:13:42.040]  Actually, yeah.
[01:13:42.040 --> 01:13:46.360]  If you'll check the rule of law website, it actually gives you a very good set of information
[01:13:46.360 --> 01:13:54.000]  on traffic's law and how to study statutes and figure out what the law actually says.
[01:13:54.000 --> 01:14:00.040]  It's the seminar material that we sell on the website, Eddie's Traffic Seminar.
[01:14:00.040 --> 01:14:02.040]  OK.
[01:14:02.040 --> 01:14:06.560]  And you can order that by card or over the website there?
[01:14:06.560 --> 01:14:07.560]  Yes, sir.
[01:14:07.560 --> 01:14:08.560]  All right.
[01:14:08.560 --> 01:14:14.240]  And here before too much longer, I will have another seminar on due process written up
[01:14:14.240 --> 01:14:18.240]  that goes through how it's supposed to work in Texas.
[01:14:18.240 --> 01:14:22.200]  And you'll be able to take and adapt that to the criminal procedure or civil procedure
[01:14:22.200 --> 01:14:25.120]  or whatever it is in your individual state.
[01:14:25.120 --> 01:14:28.960]  So you'll know how to find and follow the rules and make them do it too.
[01:14:28.960 --> 01:14:35.360]  So it'd be the same, it's just I'd want to shepardize the statutes and stuff to Colorado
[01:14:35.360 --> 01:14:37.840]  or our area up here.
[01:14:37.840 --> 01:14:40.120]  Well you don't have to shepardize the statutes.
[01:14:40.120 --> 01:14:41.440]  They are what they are.
[01:14:41.440 --> 01:14:46.160]  What you shepardize is the case law that made decisions based upon those statutes.
[01:14:46.160 --> 01:14:47.160]  Correct.
[01:14:47.160 --> 01:14:53.440]  But shepard, shepards won't help you get there because shepards will only tell you what cases
[01:14:53.440 --> 01:14:56.320]  cited these cases.
[01:14:56.320 --> 01:15:04.640]  But if you, once you see the issue, then you can use the key phrases to describe the issue
[01:15:04.640 --> 01:15:06.400]  and run a search.
[01:15:06.400 --> 01:15:12.440]  And you know, if I'm going through Westlaw or Lexis and I'm having trouble getting a
[01:15:12.440 --> 01:15:19.800]  hit on an issue, first place I go to is the internet.
[01:15:19.800 --> 01:15:28.960]  I just do a next quick search and I generally get, I get good starting points just by doing
[01:15:28.960 --> 01:15:30.440]  an internet search.
[01:15:30.440 --> 01:15:31.440]  Okay.
[01:15:31.440 --> 01:15:34.200]  So you find the key words.
[01:15:34.200 --> 01:15:37.840]  How do they call, what do they call this issue?
[01:15:37.840 --> 01:15:42.120]  What terms does the judge use to describe the issue?
[01:15:42.120 --> 01:15:44.400]  That's what will get you cases.
[01:15:44.400 --> 01:15:53.200]  You do that, you know, look at his terminology and then put in his terminology in Colorado.
[01:15:53.200 --> 01:15:57.600]  So you'll get a case that, you tend to get cases in Colorado.
[01:15:57.600 --> 01:16:02.880]  When I didn't have full Lexis, like the last time I went to Pennsylvania, I just had Lexis
[01:16:02.880 --> 01:16:05.240]  for Texas.
[01:16:05.240 --> 01:16:10.720]  So I would find case law that appeared to be on point and I would put in the key words
[01:16:10.720 --> 01:16:18.120]  from the case law or I'd put in the case name and then space and then Pennsylvania.
[01:16:18.120 --> 01:16:21.440]  And that would give you Pennsylvania cases that cited this one.
[01:16:21.440 --> 01:16:25.520]  I got, the hardest thing to get is that first case on point.
[01:16:25.520 --> 01:16:33.520]  So here you have Texas cases on point and that'll, once you find the first one, it'll
[01:16:33.520 --> 01:16:35.320]  give you other cases.
[01:16:35.320 --> 01:16:40.000]  It won't be hard to rewrite this in Colorado law.
[01:16:40.000 --> 01:16:41.000]  Okay.
[01:16:41.000 --> 01:16:42.000]  We are going to break.
[01:16:42.000 --> 01:16:45.000]  We were talking to Tyler from Wyoming.
[01:16:45.000 --> 01:16:50.520]  When we come back for break, we're going to go to John from Kentucky and then we've got
[01:16:50.520 --> 01:17:00.720]  David, Grant, Garrett, and Gerald, we'll get to you on the other side, we'll be right back.
[01:17:00.720 --> 01:17:04.960]  Capital Coin and Bullion is your local source for rare coins, precious metals, and coin
[01:17:04.960 --> 01:17:07.440]  supplies in the Austin metro area.
[01:17:07.440 --> 01:17:09.240]  We also ship worldwide.
[01:17:09.240 --> 01:17:13.120]  We're a family-owned and operated business that offers competitive prices on your coin
[01:17:13.120 --> 01:17:14.120]  and metals purchases.
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[01:17:19.000 --> 01:17:20.000]  bigger location.
[01:17:20.000 --> 01:17:26.840]  We're now located at 7304 Burnett Road Suite A, 1.2 miles north on Burnett from our previous
[01:17:26.840 --> 01:17:27.840]  location.
[01:17:27.840 --> 01:17:32.320]  We're on the west side of Burnett Road in Stanley Insurance Building on the ground floor
[01:17:32.320 --> 01:17:35.400]  next to the Ishuban Sushi and the Genie Car Wash.
[01:17:35.400 --> 01:17:39.200]  We're open Monday through Friday, 10 to 6, Saturdays 10 to 5.
[01:17:39.200 --> 01:17:45.360]  You're welcome to stop in during regular business hours or call 512-646-6440.
[01:17:45.360 --> 01:17:49.800]  Ask for Chad or Becky and say that you heard about us on Rule of Law Radio or Texas Liberty
[01:17:49.800 --> 01:17:50.800]  Radio.
[01:17:50.800 --> 01:17:56.320]  That's Capital Coin and Bullion at our new location at 7304 Burnett Road Suite A or call
[01:17:56.320 --> 01:18:00.400]  512-646-6440.
[01:18:00.400 --> 01:18:04.580]  My name is Randall Kelton and I co-host on Rule of Law Radio.
[01:18:04.580 --> 01:18:09.380]  We specialize in showing people how to strike back against corrupt public officials.
[01:18:09.380 --> 01:18:13.800]  With the mortgage crisis worsening, we set our sights on finding a remedy for people
[01:18:13.800 --> 01:18:15.920]  who have been cheated by their lenders.
[01:18:15.920 --> 01:18:20.120]  If you have a mortgage or have paid yours off, you have probably been cheated out of
[01:18:20.120 --> 01:18:22.480]  thousands, but there is a remedy.
[01:18:22.480 --> 01:18:31.760]  Go to remediesinrealestate.com or call me at 512-430-4140 and find out how to use the
[01:18:31.760 --> 01:18:37.320]  consumer protection laws to recover what the lenders have stolen through fraud and deception.
[01:18:37.320 --> 01:18:42.120]  We will prepare for you a qualified written request that will expose the fraud and put
[01:18:42.120 --> 01:18:44.020]  the lenders on the dime.
[01:18:44.020 --> 01:18:48.100]  Lender fraud is bankrupting this country and it's time to fight back.
[01:18:48.100 --> 01:18:57.760]  Go to remediesinrealestate.com or call 512-430-4140 and get the information you need to stop the
[01:18:57.760 --> 01:19:25.680]  money changers in their tracks.
[01:19:25.680 --> 01:19:31.520]  This is Randy Kelton and Eddie Craig, Rule of Law Radio, Debra has the night off.
[01:19:31.520 --> 01:19:35.040]  We're going to John in Kentucky.
[01:19:35.040 --> 01:19:39.920]  John, what is happening out there in Hillbilly land?
[01:19:39.920 --> 01:19:48.080]  Well, I filed bar grievances on your site and I wanted to know how long it would be
[01:19:48.080 --> 01:19:55.040]  before that attorney that would show up when you search that person's name on the internet.
[01:19:55.040 --> 01:19:57.400]  Oh, we're still working on that.
[01:19:57.400 --> 01:20:05.200]  I hired a programmer to write me some code to take care of that and it didn't work out
[01:20:05.200 --> 01:20:09.840]  so well so it looks like I'm going to have to write it myself.
[01:20:09.840 --> 01:20:17.320]  We're struggling to get about five sites up all at once but I really don't know.
[01:20:17.320 --> 01:20:18.960]  We're putting these together now.
[01:20:18.960 --> 01:20:27.000]  Since I know there's one for Kentucky, you downloaded the form and signed it and sent
[01:20:27.000 --> 01:20:28.000]  it?
[01:20:28.000 --> 01:20:29.000]  Yes.
[01:20:29.000 --> 01:20:30.000]  Good, good.
[01:20:30.000 --> 01:20:31.000]  I've got several of them.
[01:20:31.000 --> 01:20:32.000]  I wanted to wait.
[01:20:32.000 --> 01:20:37.000]  Can you send, can you email me back a copy of that?
[01:20:37.000 --> 01:20:38.000]  Sure.
[01:20:38.000 --> 01:20:44.360]  Because I don't have that coding set up for those yet and if you email it back to me,
[01:20:44.360 --> 01:20:46.880]  I'll post it on a page.
[01:20:46.880 --> 01:20:47.880]  Okay.
[01:20:47.880 --> 01:20:59.840]  Well, I've got a lot of them and I've gone through a real long drawn out divorce and
[01:20:59.840 --> 01:21:06.320]  I was just getting run over until I started doing the bar complaints that I've been listening
[01:21:06.320 --> 01:21:12.720]  to you guys for almost for over probably five years now and I started doing that.
[01:21:12.720 --> 01:21:16.120]  My ex-wife went through five attorneys.
[01:21:16.120 --> 01:21:23.560]  They would just drop off like flies as soon as I started bar complaining them and I got
[01:21:23.560 --> 01:21:32.520]  the judge taken off the bench by the Supreme Court doing that and I got, they appointed
[01:21:32.520 --> 01:21:38.960]  a guardian at Lightham and she left the very first bar complaint.
[01:21:38.960 --> 01:21:43.600]  She walks into court and said, I want out of this case and her new attorney, my ex-wife's
[01:21:43.600 --> 01:21:52.760]  new attorney came in and he started emailing the judge and I have copies of the emails
[01:21:52.760 --> 01:22:00.160]  where he was making deals with the judge to charge me for his attorney fees and add on
[01:22:00.160 --> 01:22:05.360]  to them for the bar complaints and criminal complaints that filed against him.
[01:22:05.360 --> 01:22:06.880]  Whoa.
[01:22:06.880 --> 01:22:10.280]  I have all the emails.
[01:22:10.280 --> 01:22:11.760]  Has the judge responded?
[01:22:11.760 --> 01:22:16.840]  Oh yeah, the judge responded and said he was going to do that.
[01:22:16.840 --> 01:22:21.280]  Holy moly, these guys can go to prison for that.
[01:22:21.280 --> 01:22:22.280]  I hope so.
[01:22:22.280 --> 01:22:26.360]  Have you put together criminal complaints on the issues?
[01:22:26.360 --> 01:22:29.240]  Oh yeah, oh yeah.
[01:22:29.240 --> 01:22:32.720]  The first judge, I filed criminal complaints against him five times.
[01:22:32.720 --> 01:22:38.680]  I went to Judicial Conduct Commission four times, I went to the Supreme Court twice and
[01:22:38.680 --> 01:22:42.840]  finally the Supreme Court renewed him for my case.
[01:22:42.840 --> 01:22:46.960]  It was just unbelievable.
[01:22:46.960 --> 01:22:53.400]  I put the man on YouTube, it got to the point it was so ridiculous going to court that I
[01:22:53.400 --> 01:22:58.600]  just, I went down and got the videos from court and put him on YouTube, you know, making
[01:22:58.600 --> 01:23:01.600]  a fool out of himself.
[01:23:01.600 --> 01:23:04.600]  Wonderful.
[01:23:04.600 --> 01:23:07.080]  You sound like Rick in California.
[01:23:07.080 --> 01:23:09.280]  Awesome.
[01:23:09.280 --> 01:23:15.800]  This is precisely why I do this and I'm going to want you to stay, can you send me an email
[01:23:15.800 --> 01:23:17.600]  on this?
[01:23:17.600 --> 01:23:19.040]  Sure.
[01:23:19.040 --> 01:23:26.800]  We are putting together a litigation engine and you know, I've been talking about it for
[01:23:26.800 --> 01:23:35.760]  a long time but now I'm deep in the process of constructing it and it is in the process
[01:23:35.760 --> 01:23:37.160]  of evolving itself.
[01:23:37.160 --> 01:23:40.640]  I'm an engineer and I'm a good engineer.
[01:23:40.640 --> 01:23:46.600]  A good engineer knows enough to get the heck out of the way and let something design itself
[01:23:46.600 --> 01:23:56.480]  and by that I mean I come in with this great idea and generally it's all wrong but the
[01:23:56.480 --> 01:24:03.920]  kernel is there and if you nurture the idea, it will create itself if you don't screw it
[01:24:03.920 --> 01:24:04.920]  up.
[01:24:04.920 --> 01:24:05.920]  Yeah.
[01:24:05.920 --> 01:24:12.160]  So, it is in the process and I need people who've been through the process like this
[01:24:12.160 --> 01:24:17.280]  where one of the ones we're going to put together is for family law because the family of course
[01:24:17.280 --> 01:24:27.000]  is one of the most corrupt and we need people who have countered the corruption so we can
[01:24:27.000 --> 01:24:33.360]  set up a set of routines that people can use like we're building the bar site and what
[01:24:33.360 --> 01:24:42.280]  I'm doing now, today I pulled down the Texas rules of ethical conduct for attorneys and
[01:24:42.280 --> 01:24:52.640]  turned it into a HTML file that's an ordered list so it's outlined and we will do what
[01:24:52.640 --> 01:24:56.840]  we Chris and I have just done to the Real Estate Settlement Procedures Act and Truth
[01:24:56.840 --> 01:24:58.920]  and Lending Act.
[01:24:58.920 --> 01:25:08.440]  We go to each standard and we rewrite the standard itself in the terms of the question.
[01:25:08.440 --> 01:25:13.640]  The standard says they must not do this thing and we create a question and said did they
[01:25:13.640 --> 01:25:19.760]  do this thing and then we take the standard itself and put it in a pop-up window so when
[01:25:19.760 --> 01:25:25.320]  you roll a mouse over the question, the pop-up window will pop up and show you the statute
[01:25:25.320 --> 01:25:26.680]  it refers to.
[01:25:26.680 --> 01:25:27.680]  Okay.
[01:25:27.680 --> 01:25:34.800]  Once we have that structured out, then we'll go in and take all the crap that they've done
[01:25:34.800 --> 01:25:41.000]  that we can find that's been done that falls under this particular statute or this particular
[01:25:41.000 --> 01:25:47.000]  standard and we'll ask the question did they do this and you just check it if they did
[01:25:47.000 --> 01:25:54.640]  so we'll have a list of them and as we find more, we'll keep adding more and we're reproducing
[01:25:54.640 --> 01:26:03.120]  the bar grievance pretty much like the state's form that they use but we're going to expand
[01:26:03.120 --> 01:26:12.560]  them to put in a section that tracks each state's ethical standards that ask specific
[01:26:12.560 --> 01:26:17.480]  questions about each one of these because I got these ideas directly from New Jersey
[01:26:17.480 --> 01:26:21.720]  because they had a bunch of things where you could check did the attorney do this, did
[01:26:21.720 --> 01:26:26.160]  the attorney do this and I'm reading through it and there's stuff people would never think
[01:26:26.160 --> 01:26:32.040]  about that when they go through these they say oh yeah he did that too and he did that
[01:26:32.040 --> 01:26:39.160]  and just mark them off so we will have a very comprehensive one and then we're building
[01:26:39.160 --> 01:26:50.960]  a site to produce a malpractice suit that would be attached to the grievance form so
[01:26:50.960 --> 01:26:57.920]  that when you put in the grievance something that goes to malpractice it'll send that to
[01:26:57.920 --> 01:27:03.960]  the malpractice side and you'll be able to produce a malpractice suit that you can just
[01:27:03.960 --> 01:27:13.520]  download, sign and send and it will drive these attorneys bananas and judicial conduct
[01:27:13.520 --> 01:27:24.400]  the same way. If an issue goes to a ministerial duty of the judge bam tort letter and lawsuit
[01:27:24.400 --> 01:27:29.480]  along with a judicial conduct complaint so I'm definitely going to want to keep it in
[01:27:29.480 --> 01:27:35.520]  touch with you when we get to Kentucky and since you've done a lot of grievances I have
[01:27:35.520 --> 01:27:45.520]  a bunch I can post. Are they secret in Kentucky? What about criminal complaints will there
[01:27:45.520 --> 01:27:50.880]  be an open form where we can post those? We'll build one for criminal complaints where you
[01:27:50.880 --> 01:27:55.480]  can go in and fill out a questionnaire and he'll spit out the criminal complaints. These
[01:27:55.480 --> 01:28:00.720]  are going to take us a while we have a lot going on all at once but and we want as much
[01:28:00.720 --> 01:28:07.920]  input as we can get from folks. Okay. And if we've got someone that's familiar with
[01:28:07.920 --> 01:28:14.560]  the local law I'm going to ask you guys to help us put this together. It's hard for me
[01:28:14.560 --> 01:28:20.480]  to do all 50 states it's going to take a while but if I can get input we can speed this process
[01:28:20.480 --> 01:28:28.120]  up. Alright I sure do appreciate it. Alrighty thank you very much. Okay thank you. Okay
[01:28:28.120 --> 01:28:37.840]  now we're going to go to Grant. I think Grant's got some crowing to do. Hi Randy I'm on. You
[01:28:37.840 --> 01:28:44.880]  are on. Alright great so I wanted to share with you a very incredible story that I had
[01:28:44.880 --> 01:28:50.600]  but just to kind of give the overview real quickly basically we had the constable knocking
[01:28:50.600 --> 01:28:57.640]  on the door that we had to be out in 24 hours that we were being evicted and eventually
[01:28:57.640 --> 01:29:03.640]  got a new trial and wanted the trial. So I'll tell you what happened. On a Wednesday I got
[01:29:03.640 --> 01:29:09.560]  a notice in the mail of a default judgment. That night filed a bar grievance against the
[01:29:09.560 --> 01:29:15.880]  attorney judicial conduct complaint against the judge and then the next day on Thursday
[01:29:15.880 --> 01:29:21.360]  filed a motion to vacate the judgment motion for a new trial and then on Friday is when
[01:29:21.360 --> 01:29:27.400]  we had the knock on the door from the constable's office and said we have to be out in 24 hours
[01:29:27.400 --> 01:29:34.720]  on that Friday I prepared an emergency restraining order to enjoin the constable from enforcing
[01:29:34.720 --> 01:29:42.000]  the judgment and I know we're going to break right now. I hear the music playing. Yeah
[01:29:42.000 --> 01:29:48.680]  yeah. Okay so hang on just a second we'll be right back. Okay. Okay this is Randy Kelton
[01:29:48.680 --> 01:29:57.200]  Eddie Craig with Law Radio. Call in number 512-646-1984. We'll be right back to hear
[01:29:57.200 --> 01:30:03.520]  Grant Kovalev's story. Top 10 reasons to question the official story of the Oklahoma City bombing.
[01:30:03.520 --> 01:30:08.560]  Number 9 the extra leg. Former Oklahoma State Medical Examiner Dr. Fred Jordan had stated
[01:30:08.560 --> 01:30:13.440]  we had eight people with amputated left legs and nine left legs to account for. Chief Pathologist
[01:30:13.440 --> 01:30:18.600]  for Northern Ireland T.K. Marshall who performed over 2500 autopsies in his time stated there
[01:30:18.600 --> 01:30:22.360]  has never been an unknown victim. This leg belonged to a perpetrator close enough to
[01:30:22.360 --> 01:30:27.520]  the bomb for his body to be damaged leaving only a left leg behind. Who was this person?
[01:30:27.520 --> 01:30:35.360]  Please go to okcbombingtruth.com. You've probably heard about the Patriot Act but did you know
[01:30:35.360 --> 01:30:39.240]  how it could affect you? I'm Dr. Catherine Albrecht and I'll be back in a moment to tell
[01:30:39.240 --> 01:30:43.520]  you how this sweeping federal legislation passed in the wake of September 11th could
[01:30:43.520 --> 01:30:49.640]  violate your constitutional rights. Privacy is under attack. When you give up data about
[01:30:49.640 --> 01:30:54.320]  yourself you'll never get it back again and once your privacy is gone you'll find your
[01:30:54.320 --> 01:30:59.960]  freedoms will start to vanish too. So protect your rights, say no to surveillance and keep
[01:30:59.960 --> 01:31:05.800]  your information to yourself. Privacy it's worth hanging on to. This public service announcement
[01:31:05.800 --> 01:31:11.200]  is brought to you by Startpage.com the private search engine alternative to Google, Yahoo
[01:31:11.200 --> 01:31:19.120]  and Bing. Start over with Startpage. The USA Patriot Act is quite a mouthful. It's the
[01:31:19.120 --> 01:31:24.200]  uniting and strengthening America by providing appropriate tools required to intercept and
[01:31:24.200 --> 01:31:30.520]  obstruct terrorism act of 2001. And along with the huge name comes a huge impact on
[01:31:30.520 --> 01:31:35.360]  average citizens. The Patriot Act tramples our 4th Amendment right to be free from unwarranted
[01:31:35.360 --> 01:31:39.920]  search and seizure. It gives government the power to place secret wiretaps on our phones
[01:31:39.920 --> 01:31:45.880]  and capture our conversations. It lets agents access our internet activities, business dealings,
[01:31:45.880 --> 01:31:49.960]  medical conditions and even the titles of books we've checked out of the library all
[01:31:49.960 --> 01:31:55.080]  without a warrant. I'm Dr. Catherine Albrecht hoping someone is watching The Watchers. More
[01:31:55.080 --> 01:32:19.440]  news and information at CatherineAlbrecht.com.
[01:32:25.080 --> 01:32:39.640]  Okay, we're back. Greg Kelton and Craig, Debra has the night off. We're going, we're
[01:32:39.640 --> 01:32:44.720]  talking to Grant in Texas. Okay, Grant, go ahead.
[01:32:44.720 --> 01:32:51.240]  Okay, so on that Friday I had a constable knocking on the door indicating that I should
[01:32:51.240 --> 01:32:58.480]  be out basically in 24 hours. And so that day I went and filed an emergency restraining
[01:32:58.480 --> 01:33:03.160]  order with the court. I spoke with the judicial aid and they said, well, they couldn't look
[01:33:03.160 --> 01:33:07.720]  at it until Monday. And I said, well, you know, this is an emergency restraining order.
[01:33:07.720 --> 01:33:12.360]  That's the purpose of it being an emergency. And that if the judge doesn't look at it,
[01:33:12.360 --> 01:33:16.840]  you know, basically my life is about to be violated. So he went, he went to speak with
[01:33:16.840 --> 01:33:21.280]  the judge. The judge didn't want to look at it first. I spoke with him again. I said,
[01:33:21.280 --> 01:33:26.200]  go talk to the judge a second time if we need to. So he did. He came back. They actually
[01:33:26.200 --> 01:33:31.880]  pulled the eviction from the constable's office and set a hearing on Monday. So on that Monday
[01:33:31.880 --> 01:33:40.600]  I went to the hearing for the emergency restraining order and the attorney actually produced documentation
[01:33:40.600 --> 01:33:47.280]  supposedly of a certified piece of mail that went to my address, but was not signed. And
[01:33:47.280 --> 01:33:51.840]  so the courts took judicial notice that I had been given notice. But then I made the
[01:33:51.840 --> 01:33:56.240]  point that I actually did not receive notice because all they do is the mail carrier puts
[01:33:56.240 --> 01:34:00.640]  a little slip on your door. And if the wind blows really hard, I can blow away and you
[01:34:00.640 --> 01:34:06.880]  never get notified. So anyway, I actually won injustice court and they got a default
[01:34:06.880 --> 01:34:11.640]  judgment on appeal because I didn't know there was a trial. So anyway, the judge told
[01:34:11.640 --> 01:34:16.480]  me that that's not the way certified mail works. And I respectfully have to correct
[01:34:16.480 --> 01:34:21.280]  the judge and I respectfully correct you. That's not true. That is how certified mail
[01:34:21.280 --> 01:34:27.920]  works. And so anyway, I proved my point and they granted me a new trial. They granted
[01:34:27.920 --> 01:34:33.400]  the trial within 10 days. And I told them that according to the rule, they're supposed
[01:34:33.400 --> 01:34:38.160]  to set trials for 45 days. And he says, no, you have no choice. It's going to be 10 days
[01:34:38.160 --> 01:34:43.880]  from now. If you don't show up, there's going to be a judgment against you. So that afternoon
[01:34:43.880 --> 01:34:50.280]  I went and filed a request for a jury, made the request in writing, paid the fee, and
[01:34:50.280 --> 01:34:58.360]  then basically made motions for continuance, made motions for production of discovery.
[01:34:58.360 --> 01:35:04.720]  And all of that was flatly ignored. And then the day of the trial, the judge is calling
[01:35:04.720 --> 01:35:09.680]  the doctor. He asked me how long it's going to take. And I told him probably about three
[01:35:09.680 --> 01:35:14.280]  hours. And he kind of laughed and made a joke and said, no, it's going to be more like 30
[01:35:14.280 --> 01:35:19.640]  minutes. He said, there's not a lot to look at here. So anyway, I eventually got called
[01:35:19.640 --> 01:35:25.600]  up and the judge joked and said, okay, let's start this three hour trial. And I tried
[01:35:25.600 --> 01:35:31.080]  to speak into the mic. And he said, you don't have to speak into the mic. He said, I can
[01:35:31.080 --> 01:35:38.200]  hear you. And then starts off on a joke about people who act like actors and ostriches and
[01:35:38.200 --> 01:35:43.040]  kind of goes off on this, right. And I guess to intimidate me. So anyway, we started with
[01:35:43.040 --> 01:35:47.480]  the trial and I objected that there was no jury. And he says that you have to do that
[01:35:47.480 --> 01:35:53.920]  in advance, I guess 30 days in advance. But I could not do it 30 days in advance because
[01:35:53.920 --> 01:36:01.720]  they set the trial in 10 days. So they actually broke their own rule. And so I contested that
[01:36:01.720 --> 01:36:05.840]  and the judge says, well, that doesn't apply to the addictions. And I says, your honor,
[01:36:05.840 --> 01:36:09.720]  I'm not, I'm not familiar with that this and this extra rules for civil procedure. And
[01:36:09.720 --> 01:36:13.520]  he says, it's there. And I asked where, and he says, well, I'm not going to do your legal
[01:36:13.520 --> 01:36:19.720]  research. And I told him, I says, well, I'm actually telling the court that court is wrong.
[01:36:19.720 --> 01:36:24.200]  And he looked at me and said, you and I are not going to get along very well. And just
[01:36:24.200 --> 01:36:29.120]  kind of scolded me and says, this is the final part of this. We're moving on to trial. And
[01:36:29.120 --> 01:36:36.920]  so then filed a motion for a change of venue. And I actually come with four affidavits.
[01:36:36.920 --> 01:36:41.920]  And I made the claim that I could not get a fair trial in the county. And the judge
[01:36:41.920 --> 01:36:46.640]  looked at each affidavit, struck down each one and says, okay, it doesn't name the county,
[01:36:46.640 --> 01:36:54.160]  struck down each one and basically said that the motion for a change of venue was denied.
[01:36:54.160 --> 01:37:00.880]  And I did, I addressed the motion for discovery that was flatly denied as well. And he says,
[01:37:00.880 --> 01:37:08.000]  okay, now we're moving on to trial. And then the attorney started to present all the evidence.
[01:37:08.000 --> 01:37:15.160]  And then my turn came and I had, I was prepared with about 40 exhibits. And so I was just
[01:37:15.160 --> 01:37:21.080]  relentless. I presented exhibit after exhibit and the judge just kept knocking it down.
[01:37:21.080 --> 01:37:27.560]  But I was able to get a few exhibits and I was actually able to get the public news release
[01:37:27.560 --> 01:37:34.880]  by the Office of Thrift Supervision where this same bank was recently formally sanctioned
[01:37:34.880 --> 01:37:41.120]  for its foreclosure practices. So anyway, I kept giving exhibit after exhibit and the
[01:37:41.120 --> 01:37:45.760]  judge kept knocking it down. And finally he goes, how much longer is this going to take?
[01:37:45.760 --> 01:37:50.360]  And I said, your honor, I think it'll be finished at least within about two hours. And the judge
[01:37:50.360 --> 01:37:54.000]  threw up his hands and says, I can't take this anymore. He says, I need to go get some
[01:37:54.000 --> 01:38:01.080]  water. So the judge called for recess. And the other attorney was basically mocking me,
[01:38:01.080 --> 01:38:06.680]  kind of speaking real loud to the other person at the table and was saying, this is ridiculous.
[01:38:06.680 --> 01:38:13.120]  Hopefully he's going to lose. And so the judge comes back after recess and I present one
[01:38:13.120 --> 01:38:18.800]  more piece of evidence that gets knocked down. And then finally I told the judge, I said,
[01:38:18.800 --> 01:38:23.920]  your honor, do you realize that this is the same bank that was Lehman Brothers? I mean,
[01:38:23.920 --> 01:38:29.960]  this is the same bank that basically led almost to the collapse of the United States economy.
[01:38:29.960 --> 01:38:35.320]  I mean, is that not some evidence that there's some impropriety going on here? And the judge
[01:38:35.320 --> 01:38:40.440]  puts his glasses down and looks at me and he says, it's a lot of people who say that
[01:38:40.440 --> 01:38:46.000]  same thing. And at that point, I don't know what happened, but it was like a, like a switch
[01:38:46.000 --> 01:38:53.120]  got flipped. And he looked at the other attorney and he looked at the deed of trust and he
[01:38:53.120 --> 01:38:59.160]  started asking some questions, asking how this bank had authority when there were no
[01:38:59.160 --> 01:39:04.760]  assignments. And obviously there was a break in the chain of title. So that was what my
[01:39:04.760 --> 01:39:10.920]  whole claim was, was that there was a dispute with the title. So the judge, the court blacked
[01:39:10.920 --> 01:39:15.640]  the subject matter jurisdiction to rule. And he started asking questions. And that's when
[01:39:15.640 --> 01:39:21.320]  the other attorney started doing the chicken dance, if you like to describe it. And I didn't
[01:39:21.320 --> 01:39:26.600]  even give closing arguments. I asked the court, I said, your honor, may I say something? And
[01:39:26.600 --> 01:39:30.720]  he said, you know, you're doing really good being quiet. He says, I would suggest that
[01:39:30.720 --> 01:39:39.280]  you stay quiet. And so I didn't say anything. And he ruled in favor of me.
[01:39:39.280 --> 01:39:41.280]  And this was judge Phillips.
[01:39:41.280 --> 01:39:43.280]  It was judge David Phillips.
[01:39:43.280 --> 01:39:51.840]  Yes. David Phillips is really good at denying people jury trials. And he really good at
[01:39:51.840 --> 01:39:57.400]  ruling against pro se litigants. So you made a major win.
[01:39:57.400 --> 01:39:59.360]  Well, thank you.
[01:39:59.360 --> 01:40:06.640]  This was an incredible uphill battle. And I would suggest that you filed judicial conduct
[01:40:06.640 --> 01:40:11.000]  complaints against the judge anyway for denying you the jury trial.
[01:40:11.000 --> 01:40:19.400]  Well, the rule requires that they set a trial for 45 days, and then you have a window of
[01:40:19.400 --> 01:40:26.720]  30 days to do a jury request. So there's a 15 day window that you're able to do that.
[01:40:26.720 --> 01:40:32.480]  If they set the trial within 10 days, then they're essentially denying you the time frame
[01:40:32.480 --> 01:40:38.240]  that you need to do a jury request. And I knew that because I found a case in Texas
[01:40:38.240 --> 01:40:45.840]  where an appellate court, I think it was the sixth appellate court, granted the appeal
[01:40:45.840 --> 01:40:51.800]  based on that fact that they set the trial within 10 days. And actually, in that case,
[01:40:51.800 --> 01:40:56.520]  they set it within 20 days. In my case, they set it within 10. So I challenged the judge
[01:40:56.520 --> 01:41:01.600]  and I said, I said, respectfully, the court is wrong. And that's when he said that when
[01:41:01.600 --> 01:41:06.240]  he makes a ruling, it's going to be final. And he says that that's the end of the matter.
[01:41:06.240 --> 01:41:11.480]  He says, you're not going to question my ruling. And I actually didn't relent. I came back
[01:41:11.480 --> 01:41:16.960]  and said, well, I will question the court's ruling when, I mean, it's obviously wrong.
[01:41:16.960 --> 01:41:23.960]  And he did not like me, but I wasn't there to be friends with him.
[01:41:23.960 --> 01:41:32.080]  I'm glad you understood that. And when he said, we're not going to get along, I'm thinking,
[01:41:32.080 --> 01:41:37.800]  what's that have to do with anything, Bubba? I still suggest that you file a judicial conduct
[01:41:37.800 --> 01:41:45.640]  complaint against him for that. It will be even more appropriate and more potent since
[01:41:45.640 --> 01:41:47.640]  you won the case.
[01:41:47.640 --> 01:41:58.920]  Right. I also got called up to provide testimony because on the substitute trust ED, it indicated
[01:41:58.920 --> 01:42:04.280]  that it was struck off to a certain bank. And I was there personally and it was not
[01:42:04.280 --> 01:42:09.600]  struck off that bank. It was struck off to mortgage electronic registration systems.
[01:42:09.600 --> 01:42:14.680]  And I remember I made a joke to the person nearby that basically a website or a computer
[01:42:14.680 --> 01:42:19.680]  program foreclosed on me. So I know for a fact that that statement was wrong. I went
[01:42:19.680 --> 01:42:24.840]  up there to testify and then the judge asked the other attorney, he says, would you like
[01:42:24.840 --> 01:42:29.720]  to cross examine him? And I looked right into the attorney's eyes and said, yes, would you
[01:42:29.720 --> 01:42:38.320]  like to come cross examine me? The other attorney was just totally, I guess, he was unprepared
[01:42:38.320 --> 01:42:42.960]  for that because he said, no, no, that's fine. We're not going to need to cross examine.
[01:42:42.960 --> 01:42:48.920]  So it was an incredible experience. I mean, I just, I had an adrenaline rush the whole
[01:42:48.920 --> 01:42:53.920]  time. I was, I was relentless. And then on the, I took your advice, Randy, of, you know,
[01:42:53.920 --> 01:42:57.480]  you said about the red voter.
[01:42:57.480 --> 01:43:02.720]  I went to Walgreens and I bought every red voter that was available. So I actually bought
[01:43:02.720 --> 01:43:11.080]  15 red voters. And on the table, I had 15 red voters. I had a stack of papers about
[01:43:11.080 --> 01:43:16.080]  two to two and a half feet high that was spread across the table. And each exhibit, it was,
[01:43:16.080 --> 01:43:20.920]  it took me some time. I wasn't the most organized, but each exhibit took me about a couple of
[01:43:20.920 --> 01:43:25.160]  minutes. So I was, what I call organized chaos.
[01:43:25.160 --> 01:43:26.160]  Good.
[01:43:26.160 --> 01:43:29.600]  And it was, it was interesting.
[01:43:29.600 --> 01:43:34.800]  One of the things, if the judge doesn't like it, he doesn't want to do his job. He could
[01:43:34.800 --> 01:43:40.600]  just get down off the bench and get a judge who will do his job. But it's great that you,
[01:43:40.600 --> 01:43:44.680]  you got his attention and turned it. They're paying attention. They realize that things
[01:43:44.680 --> 01:43:48.160]  are going wrong and the worm has turned it.
[01:43:48.160 --> 01:43:49.160]  Okay.
[01:43:49.160 --> 01:43:51.560]  Can I do it on the other side?
[01:43:51.560 --> 01:43:52.560]  Yes, you can.
[01:43:52.560 --> 01:43:53.560]  Okay.
[01:43:53.560 --> 01:44:00.440]  This is Randy Kelton. That was Steve and Eddie Craig with our radio. We'll be right back.
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[01:46:26.680 --> 01:46:53.720]  We're talking to Grant in Texas, and Grant is doing a little well-deserved cockadoodooing.
[01:46:53.720 --> 01:46:57.320]  Okay, go ahead, Grant. You had something else for us?
[01:46:57.320 --> 01:47:02.720]  Yes, absolutely. So there was a couple of things I've noticed. When my wife and I first
[01:47:02.720 --> 01:47:07.160]  went there at the beginning when they were doing the docket call, he started telling
[01:47:07.160 --> 01:47:12.600]  the court about having to call the police because there's some anti-government people
[01:47:12.600 --> 01:47:17.800]  that were at the court. And I thought it was kind of interesting because most of the people
[01:47:17.800 --> 01:47:23.320]  in the court were attorneys, and I was pretty much the only pro se. So we don't really
[01:47:23.320 --> 01:47:29.480]  know if that was a threat to kind of intimidate. So I don't know how that relates to anything,
[01:47:29.480 --> 01:47:33.120]  but I thought it was kind of interesting. He was telling the court about some anti-government
[01:47:33.120 --> 01:47:34.120]  people.
[01:47:34.120 --> 01:47:36.680]  Who was doing that?
[01:47:36.680 --> 01:47:42.320]  The judge. The judge was actually talking to the court and many of the attorneys and
[01:47:42.320 --> 01:47:47.120]  just relating the story about some anti-government people that they had to call the police on
[01:47:47.120 --> 01:47:54.800]  because they were harassing the judicial aid. So what it kind of made me wonder was if someone
[01:47:54.800 --> 01:48:00.400]  trying to assert their rights or try to get some kind of, maybe try to get some kind of
[01:48:00.400 --> 01:48:04.480]  motion and they were denying them. I just thought that was really interesting that you
[01:48:04.480 --> 01:48:05.480]  brought that up.
[01:48:05.480 --> 01:48:14.480]  That is an interesting point, and I have found a way to counter that. One thing when I ask
[01:48:14.480 --> 01:48:21.000]  a public official to do something, I already have the law that requires them to do it.
[01:48:21.000 --> 01:48:22.320]  Right.
[01:48:22.320 --> 01:48:29.560]  So what I tend to do is take security with me. I go to security first and tell them,
[01:48:29.560 --> 01:48:34.040]  I need you to come with me because I'm going to ask this official to do something, and
[01:48:34.040 --> 01:48:41.240]  I expect them not to, and when they don't, I'm going to ask you to arrest them. Now they
[01:48:41.240 --> 01:48:48.640]  got a problem. They can't call security on me because I've already called them on them.
[01:48:48.640 --> 01:48:49.640]  Very nice.
[01:48:49.640 --> 01:48:59.920]  And it really works well. I went to the Court of Criminal Appeals and I wanted to see an
[01:48:59.920 --> 01:49:05.960]  appeal, an appellate file that had been filed in that court, and the clerk told me that
[01:49:05.960 --> 01:49:13.160]  I couldn't see those. Well, I didn't have the law in front of me, so I went back, went
[01:49:13.160 --> 01:49:20.720]  home and did my research that showed absolutely I did have a right to see it, and it was public.
[01:49:20.720 --> 01:49:24.560]  So I went in to where the Supreme Court and the Court of Criminal Appeals is there at
[01:49:24.560 --> 01:49:31.480]  the Capitol Building, and there's a guard just as you go in the door. I asked him if
[01:49:31.480 --> 01:49:36.600]  he was a certified police officer, and he said, no, he wasn't. He was a security guard.
[01:49:36.600 --> 01:49:42.960]  Then get me a certified police officer. Well, why do you need a certified police officer?
[01:49:42.960 --> 01:49:46.200]  My business, not your business. Get me one.
[01:49:46.200 --> 01:49:47.200]  Right.
[01:49:47.200 --> 01:49:56.200]  So he called one, and God was really sharp, and I told him that I'm going to go to the
[01:49:56.200 --> 01:50:05.440]  Court of Criminal Appeals clerk, and I'm going to ask for a specific court file. The last
[01:50:05.440 --> 01:50:10.920]  time I was here, the clerk refused to give it to me. When he does that this time, I'm
[01:50:10.920 --> 01:50:18.360]  going to ask you to arrest him. He said, well, I can't arrest a clerk. I said, sure you can.
[01:50:18.360 --> 01:50:25.160]  Well, who am I arresting for? Violation 39.03 penal code, official oppression, violating
[01:50:25.160 --> 01:50:28.960]  the law relating to his office, and the process denying me the full and free access to or
[01:50:28.960 --> 01:50:38.680]  enjoyment of a right. He looked at me in a minute, and he said, okay, let's go. So he
[01:50:38.680 --> 01:50:45.000]  goes with me. We walk in the office, and I walk over to the window, and this clerk looks
[01:50:45.000 --> 01:50:54.640]  past me at the officer, and he asked the officer, so there's something you can do for him, and
[01:50:54.640 --> 01:51:04.960]  I told the clerk, he's with me. Then I told him what file I needed, and surprise, surprise,
[01:51:04.960 --> 01:51:08.480]  all of a sudden it wasn't private anymore. He just went and got it.
[01:51:08.480 --> 01:51:10.480]  Wow, it's a miracle.
[01:51:10.480 --> 01:51:17.640]  Yeah, odd how that works, but I've done that several times. Bringing security with you
[01:51:17.640 --> 01:51:18.640]  really works.
[01:51:18.640 --> 01:51:24.160]  Well, I looked at the file, and I never had any of those issues, so I don't know if maybe
[01:51:24.160 --> 01:51:29.880]  in the criminal cases, maybe that's more of an issue. I never had the problem with the
[01:51:29.880 --> 01:51:33.760]  clerk giving me the file whenever I went and requested any of those.
[01:51:33.760 --> 01:51:39.400]  It's rare that I have a problem with a clerk, and frankly, I was astounded that a clerk
[01:51:39.400 --> 01:51:43.160]  at this high level would try to pull some crap on me like that.
[01:51:43.160 --> 01:51:44.160]  Right.
[01:51:44.160 --> 01:51:50.240]  Generally, the clerks are the easiest people to get along with. We do hear a lot about
[01:51:50.240 --> 01:51:56.160]  clerks not wanting to take filings. I live in Wise County, and Sherry Parker is a county
[01:51:56.160 --> 01:52:02.280]  clerk, and she is one of the sweetest, nicest people I know. I just saw her in a restaurant
[01:52:02.280 --> 01:52:06.720]  a couple weeks ago when I was up there, and I went over and said hello to her and told
[01:52:06.720 --> 01:52:12.680]  this woman that she was with that Sherry is one of my favorite human beings on earth.
[01:52:12.680 --> 01:52:17.040]  She said, well, if you feel that way, Mr. Kelton, why did you try to get me arrested
[01:52:17.040 --> 01:52:19.600]  the last time you were at my office?
[01:52:19.600 --> 01:52:28.120]  Oh, that? Heck, I was just joking around. And I did. She wouldn't take a filing, so
[01:52:28.120 --> 01:52:34.120]  I went and got Kirk, the bailiff, and told him, you need to come with me. I think Sherry
[01:52:34.120 --> 01:52:37.520]  is going to refuse to take my filing, and when she does, I'm going to want you to arrest
[01:52:37.520 --> 01:52:38.520]  her.
[01:52:38.520 --> 01:52:39.520]  Right.
[01:52:39.520 --> 01:52:43.920]  Oh, Randy, I can't arrest Sherry. She's a sherrycat. Just sort of cuss on her and drag
[01:52:43.920 --> 01:52:50.280]  her off to jail. Oh, man, don't ask me to do that. Come on, you chicken, you big karate
[01:52:50.280 --> 01:52:54.760]  instructor. Come on, tough guy. And we had a great time.
[01:52:54.760 --> 01:52:55.760]  Right.
[01:52:55.760 --> 01:53:01.240]  But I didn't have any more problems with filing documents with the county clerks.
[01:53:01.240 --> 01:53:06.600]  Well, if I may, let me finish kind of telling a couple other things. One of the things I
[01:53:06.600 --> 01:53:12.200]  noticed the judge did was he tried to confuse you because one of the things he kept talking
[01:53:12.200 --> 01:53:17.920]  about was, so you believe, and I have to kind of correct and say, no, Your Honor, this is
[01:53:17.920 --> 01:53:22.600]  what I know. And, you know, he tried to make it kind of like since I was prosaic and really
[01:53:22.600 --> 01:53:28.000]  know what I was doing, whenever I would try to get him to cite the authority. So that
[01:53:28.000 --> 01:53:34.000]  was one of the issues that he was trying to say that there was an exception in the evictions,
[01:53:34.000 --> 01:53:38.960]  but he couldn't cite the authority. So my question is, now that this is going, they're
[01:53:38.960 --> 01:53:46.960]  appealing, it's going to the appellate court. If the appellate court basically agrees with
[01:53:46.960 --> 01:53:51.960]  his judgment, where does it go from here? Does it go to the state Supreme Court of Texas
[01:53:51.960 --> 01:53:53.960]  or does it go to the state court?
[01:53:53.960 --> 01:53:58.960]  Yes. Yes, it's going to the state supreme and that's the court of last resort.
[01:53:58.960 --> 01:54:02.960]  Okay. So if I were to actually win there.
[01:54:02.960 --> 01:54:06.960]  You may be the one to set the pace.
[01:54:06.960 --> 01:54:09.960]  I'm sorry, say again?
[01:54:09.960 --> 01:54:17.960]  You may be the one to set the pace. I'm surprised these guys are even appealing because if the
[01:54:17.960 --> 01:54:22.960]  appeals court shuts them down, that's his collateral estoppel.
[01:54:22.960 --> 01:54:28.960]  The attorney said, yeah, sure. It didn't look like he really wanted to appeal. I don't think
[01:54:28.960 --> 01:54:33.960]  he was prepared or knew what to do. I think he was surprised that he lost.
[01:54:33.960 --> 01:54:40.960]  I think a lot more attorneys are going to start having a lot more surprise.
[01:54:40.960 --> 01:54:47.960]  Right. Well, one of the issues in my case was that they said the substitute trustee deed
[01:54:47.960 --> 01:54:53.960]  was a certain person. And I said, no, Your Honor, it was actually a different attorney.
[01:54:53.960 --> 01:54:58.960]  And he said, well, how? He said, proof of that? I said, sure. And I had the notice of substitute
[01:54:58.960 --> 01:55:07.960]  trustee sale that was certified. So I made sure that they would be admissible as evidence.
[01:55:07.960 --> 01:55:14.960]  And it shows clearly who the substitute trustee was supposed to be. And I was not actually the
[01:55:14.960 --> 01:55:21.960]  one who it was. And he signed an affidavit that the sale took place at 1 o'clock and finished
[01:55:21.960 --> 01:55:26.960]  no later than 4 o'clock. And I told the judge that there's no way that that attorney would have
[01:55:26.960 --> 01:55:30.960]  personal knowledge because he was not there. Of course, they asked me if I ever met him,
[01:55:30.960 --> 01:55:35.960]  how would I know if he was there? And my answer to the judge was that I talk a lot. And basically
[01:55:35.960 --> 01:55:41.960]  I talked to everyone at that sale. And I know for a fact that attorney was not present.
[01:55:41.960 --> 01:55:50.960]  So that was one of the other big issues in my case that the substitute trustee was not the one
[01:55:50.960 --> 01:55:56.960]  who actually carried out the sale. And one of the things I found interesting, Randy, you might
[01:55:56.960 --> 01:56:01.960]  want to keep this in mind too, is when the judge started questioning the attorney, he asked,
[01:56:01.960 --> 01:56:08.960]  well, if I take a six week cruise and go on vacation, how do I know that another bank can't
[01:56:08.960 --> 01:56:14.960]  sell my house? If there's no assignment, if they're not on the original note or deed of trust,
[01:56:14.960 --> 01:56:20.960]  what prevents them from doing that with my house? And that's when he started grilling the attorney.
[01:56:20.960 --> 01:56:26.960]  So I don't know if something clicked inside of his head and he just genuinely like suddenly just
[01:56:26.960 --> 01:56:32.960]  realized everything I tried to explain. But I thought it was fascinating because he started,
[01:56:32.960 --> 01:56:37.960]  it's like you say, if it goes to a jury trial, the jurors will wonder, well, wait, can this happen
[01:56:37.960 --> 01:56:42.960]  to my house? And I think that's what happened with that judge. He started questioning whether that
[01:56:42.960 --> 01:56:45.960]  same thing could happen to him.
[01:56:45.960 --> 01:56:54.960]  Good. And I suspect there's going to be a lot more of this. And if these guys push this to appeal,
[01:56:54.960 --> 01:57:03.960]  you may get the controlling case. This is out of Travis County, the seat of government. It will
[01:57:03.960 --> 01:57:10.960]  pretty well lead to the state. You could be the one to cause the turn of the tide.
[01:57:10.960 --> 01:57:16.960]  Well, I'll tell you this. My federal case was dismissed and now it's on appeal in the Fifth Circuit.
[01:57:16.960 --> 01:57:23.960]  So I have filed, I did my appeal brief and I did the record excerpts and it indicates on pace so that
[01:57:23.960 --> 01:57:29.960]  I met all the deadlines. And so I guess what my other question is, if I would theoretically lose an
[01:57:29.960 --> 01:57:38.960]  appeal in the federal court, is it possible that I could still win at the state Supreme Court?
[01:57:38.960 --> 01:57:42.960]  Well, these are different issues, absolutely.
[01:57:42.960 --> 01:57:44.960]  Right, okay.
[01:57:44.960 --> 01:57:53.960]  You're fighting the, here the only thing in the court is the unlawful detainer, the eviction.
[01:57:53.960 --> 01:57:57.960]  The federal court's totally different.
[01:57:57.960 --> 01:57:58.960]  Okay.
[01:57:58.960 --> 01:58:04.960]  And then even if you lose the appeal, you can come back and re-file on new issues.
[01:58:04.960 --> 01:58:05.960]  Right.
[01:58:05.960 --> 01:58:12.960]  We've got a new set of issues. They're not exactly new, but in the new suit we go directly after the
[01:58:12.960 --> 01:58:19.960]  person who made the last claim for payment.
[01:58:19.960 --> 01:58:23.960]  Right. Well, before I go, I'll let other callers come on, but basically I was going to tell you,
[01:58:23.960 --> 01:58:28.960]  in the morning of the trial I was singing the Rocky song. So I was prepared to go into battle.
[01:58:28.960 --> 01:58:32.960]  I had mentally prepared for victory.
[01:58:32.960 --> 01:58:35.960]  Well, good for you. You did it.
[01:58:35.960 --> 01:58:36.960]  Thank you.
[01:58:36.960 --> 01:58:38.960]  This could be, this could be a change in the tide.
[01:58:38.960 --> 01:58:39.960]  All right.
[01:58:39.960 --> 01:58:40.960]  Okay.
[01:58:40.960 --> 01:58:41.960]  Thank you so much, Randy.
[01:58:41.960 --> 01:58:47.960]  Thank you, Grant. We're about to go to break. We'll pick up Garrett, Gerald, Tyler, Rodney, Mike.
[01:58:47.960 --> 01:58:50.960]  We'll see you all. We'll get to you on the other side.
[01:58:50.960 --> 01:58:59.960]  Randy Kelton, Debra Stevens, Eddie Craig, Little Bell Radio. We'll be right back.
[01:58:59.960 --> 01:59:04.960]  The Bible remains the most popular book in the world, yet countless readers are frustrated
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