[00:00.000 --> 00:06.880] With all the immigrants begging to come to America, you'd think people who were born [00:06.880 --> 00:09.360] here would be counting their lucky stars. [00:09.360 --> 00:13.200] So why then are record numbers of Americans renouncing their US citizenship? [00:13.200 --> 00:17.560] I'm Dr. Catherine Albrecht, back with the answer, next. [00:17.560 --> 00:19.280] Privacy is under attack. [00:19.280 --> 00:22.880] When you give up data about yourself, you'll never get it back again. [00:22.880 --> 00:27.880] And once your privacy is gone, you'll find your freedoms will start to vanish too. [00:27.880 --> 00:29.400] So protect your rights. [00:29.400 --> 00:32.960] Say no to surveillance and keep your information to yourself. [00:32.960 --> 00:35.680] Privacy, it's worth hanging on to. [00:35.680 --> 00:41.240] This message is brought to you by StartPage.com, the private search engine alternative to Google, [00:41.240 --> 00:43.000] Yahoo, and Bing. [00:43.000 --> 00:46.960] Start over with StartPage. [00:46.960 --> 00:52.240] Last year, 1,800 Americans living overseas renounced their citizenship, a record number. [00:52.240 --> 00:54.400] Do these folks just hate our country? [00:54.400 --> 00:58.040] No, but they're fed up with burdensome tax laws. [00:58.040 --> 01:02.760] These countries don't force citizens living abroad to pay federal taxes, but the US does. [01:02.760 --> 01:08.160] In fact, since 2004, the government has hit Americans living overseas with steep fines [01:08.160 --> 01:13.440] and criminal charges, even forcing them to disclose information on spouses who are foreign [01:13.440 --> 01:14.440] nationals. [01:14.440 --> 01:19.440] It's high time the US got off the backs of Americans living overseas, and come to think [01:19.440 --> 01:21.440] of it, the rest of ours too. [01:21.440 --> 01:32.240] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine. [01:32.240 --> 01:36.840] When their plane touched down in America, two British tourists were greeted by the feds, [01:36.840 --> 01:38.960] handcuffed, jailed, and deported. [01:38.960 --> 01:39.960] Their crime? [01:39.960 --> 01:40.960] I'll give you a hint. [01:40.960 --> 01:41.960] It had to do with Twitter. [01:41.960 --> 01:46.880] I'm Dr. Catherine Albrecht, and I'll have the not-so-funny details in a moment. [01:46.880 --> 01:47.880] Privacy is under attack. [01:47.880 --> 01:52.960] When you give up data about yourself, you'll never get it back again, and once your privacy [01:52.960 --> 01:57.160] is gone, you'll find your freedoms will start to vanish too. [01:57.160 --> 01:58.660] So protect your rights. [01:58.660 --> 02:02.280] Say no to surveillance and keep your information to yourself. [02:02.280 --> 02:04.920] Privacy, it's worth hanging onto. [02:04.920 --> 02:10.600] This message is brought to you by StartPage.com, the private search engine alternative to Google, [02:10.600 --> 02:12.240] Yahoo, and Bing. [02:12.240 --> 02:14.240] Start over with StartPage. [02:14.240 --> 02:19.280] Here's a tip for anyone planning to visit us here in the land of liberty. [02:19.280 --> 02:21.880] Dumb wisecrack about America on the web. [02:21.880 --> 02:23.380] Big brother won't be amused. [02:23.380 --> 02:28.960] Lee Van Bryan and Emily Bunting of Great Britain learned this recently at Los Angeles International [02:28.960 --> 02:33.760] Airport, where they restricted their passports, interrogated, handcuffed, and hauled off to [02:33.760 --> 02:34.760] jail. [02:34.760 --> 02:35.760] Why the warm welcome? [02:35.760 --> 02:41.200] Well, before the trip, Lee had joked on Twitter that he wanted to destroy America. [02:41.200 --> 02:46.480] He slang four, party it up, and dig up Marilyn Monroe's grave on Hollywood Boulevard. [02:46.480 --> 02:50.040] Humor apparently is no defense with homeland security. [02:50.040 --> 02:54.400] After spending 12 hours detained alongside drug dealers, the Brits were deported. [02:54.400 --> 03:12.080] I'm Dr. Cameron Albrecht for StartPage.com, the world's most private search engine. [03:12.080 --> 03:33.560] Alright folks, we are back, this is Rule of Law Radio. [03:33.560 --> 03:39.240] We got about two hours left in the show, this is our Friday night four hour info marathon. [03:39.240 --> 03:40.680] We need some callers. [03:40.680 --> 03:45.240] We've got only one up on the board, so if you've got a question query or poser, now's [03:45.240 --> 03:49.440] the time to get in line, don't be waiting until the last 15 minutes of the show where [03:49.440 --> 03:53.880] we're trying to struggle to get everybody answered before we get off the air. [03:53.880 --> 03:54.880] Let's go to Johnny. [03:54.880 --> 03:57.480] Johnny, what can we do for you? [03:57.480 --> 04:02.080] Well, just wanted to make a couple of comments. [04:02.080 --> 04:07.120] First of all, in the beginning of the show, Randy was talking about a motion that he put [04:07.120 --> 04:12.880] together to challenge jurisdiction, which is quintessential because I spent all day [04:12.880 --> 04:17.440] studying a bunch of case law and putting together a motion to dismiss lack of jurisdiction, [04:17.440 --> 04:21.240] which has done a lot of very interesting case law on that. [04:21.240 --> 04:27.240] Randy, a lot of the case law that you cited is US Supreme Court law, and I've used that [04:27.240 --> 04:34.080] in the past, sometimes it's been accepted, sometimes it's been rejected, so I went and [04:34.080 --> 04:39.480] found a whole bunch of equivalent Texas case law that you can find in the city. [04:39.480 --> 04:43.360] I found a bunch of Texas case law after I wrote that. [04:43.360 --> 04:49.240] Yeah, that's pretty much what I went through as well, but I'd be glad to send you what [04:49.240 --> 04:52.600] I have if you're interested. [04:52.600 --> 04:54.240] Absolutely. [04:54.240 --> 04:56.760] All the research I can get, the better. [04:56.760 --> 05:00.120] I have a very large set of folders. [05:00.120 --> 05:07.080] I have a research folder that's about 20 gigs so far, and I have it broken into folders [05:07.080 --> 05:12.720] for different subjects, so when I'm researching something and I come across a case, it's a [05:12.720 --> 05:18.640] great case, but it's not on point, I'll go find a folder and drop it in that folder. [05:18.640 --> 05:24.800] I looked in my subject-better jurisdiction folder, it was practically empty, so I had [05:24.800 --> 05:27.800] to do some digging. [05:27.800 --> 05:34.760] Well, I started off kind of the same way, and trying to keep everything organized, and [05:34.760 --> 05:39.360] that just became a nightmare, so I actually wrote some software where I can just dump [05:39.360 --> 05:43.160] everything into a folder and I can search for specific subjects and link things together [05:43.160 --> 05:48.040] and so on and so forth, and I go and suck down entire websites, for example, I suck [05:48.040 --> 05:53.480] down every Supreme Court decision that's available on the Supreme Court website, everything that's [05:53.480 --> 05:58.200] available from the bar and all the statutes and just search through it that way, and I've [05:58.200 --> 06:04.560] ended up with about two terabytes of stuff so far, so I gave up on trying to keep folders [06:04.560 --> 06:07.800] for this and that and organized a long time ago. [06:07.800 --> 06:16.320] Well, it has been very valuable because I do a lot of research, so I come across a lot [06:16.320 --> 06:25.520] of good-pointed cases, and those cases are primarily to give me a jumping off point. [06:25.520 --> 06:26.520] Yeah. [06:26.520 --> 06:29.880] Research is the hardest thing to find is a case on point. [06:29.880 --> 06:31.440] Yeah, absolutely. [06:31.440 --> 06:32.440] They don't make it easy. [06:32.440 --> 06:37.440] Well, I'll be glad to send you what I have, but I wanted to comment, you know, last night [06:37.440 --> 06:43.200] when I called in, I just wanted to get your take on a couple of calls that I've gotten [06:43.200 --> 06:49.400] from the alleged mortgage servicer, in my case, did a little research on the number [06:49.400 --> 06:53.480] in the department that they're calling me from and have talked with a few people and [06:53.480 --> 07:00.280] talked with an attorney friend of mine, and basically what the department that they're [07:00.280 --> 07:07.320] calling me from is the department that handles making offers to people who, you know, a lot [07:07.320 --> 07:13.080] of the servicers entered into agreements to pay out money to people who, you know, they've [07:13.080 --> 07:19.200] wronged and filed bad paperwork or erroneous paperwork or whatever they want to call it. [07:19.200 --> 07:27.480] And this particular servicer has set up a program where they give people money between [07:27.480 --> 07:34.600] $3,000 and $20,000 to live off of until they can short sell their home, and that's the [07:34.600 --> 07:40.040] department that they're calling me from, which is interesting after all this time because, [07:40.040 --> 07:44.240] you know, I've been in the property and I was in litigation with them for a little over [07:44.240 --> 07:53.920] two years, I haven't made any payments since March of 09, so I feel that they're trying [07:53.920 --> 08:01.840] to bait me to get me to, you know, they made this agreement with the state to get around [08:01.840 --> 08:07.320] being punished for a lot of their fraud, and I feel that they're trying to get me to participate [08:07.320 --> 08:11.960] in this program to basically say it's okay, you know, your fraud is fine, I don't mind [08:11.960 --> 08:12.960] at all. [08:12.960 --> 08:17.120] I just think it's really interesting, you were talking earlier in the show about how, [08:17.120 --> 08:21.400] you know, a lot of the lenders and mortgage servicers are kind of becoming a little bit [08:21.400 --> 08:26.960] gun-shy, and I think this is a really good sign of that, just kind of wanted to get your [08:26.960 --> 08:27.960] thoughts on it. [08:27.960 --> 08:38.120] Yeah, they are definitely trying to find a way to avoid the spectrum of litigation. [08:38.120 --> 08:46.200] When I first started this, I started working with the false fees they charged at closing, [08:46.200 --> 08:53.120] and at the time it was when, right, you know, not that long after the real estate market [08:53.120 --> 09:00.360] had broken, we had a lot of real estate agents who were out of business, they're getting [09:00.360 --> 09:08.760] fired, they're losing their homes, and I had a lot of agents or ex-agents that did not [09:08.760 --> 09:17.840] want me to go there, frankly it terrified them, and well it should, because they knew [09:17.840 --> 09:25.400] they had been doing that, they knew it was improper, and they were afraid it would come [09:25.400 --> 09:36.200] back on them, they'd wind up in prison, these lawyers are no different, they know they filed [09:36.200 --> 09:45.600] these bogus documents in the county record, and once it's in the record, it's permanent, [09:45.600 --> 09:50.640] and with what we're doing now, going through the county record and coming back to them [09:50.640 --> 09:59.400] and saying, hey guys, you got a problem, you got these documents in the county record and [09:59.400 --> 10:06.960] they're fraudulent, well, you know, maybe they're not being prosecuted right now, but [10:06.960 --> 10:16.680] if you're in Dallas County and you have read Craig Watkins' suit against MERS, you have [10:16.680 --> 10:22.000] to consider the politics, Craig Watkins is the Dallas County District Attorney and he [10:22.000 --> 10:28.640] sued MERS, and he's going to get smacked pretty good on that suit. [10:28.640 --> 10:36.840] I agree, I have a suit and I'm in the next county, and I can't really say a lot about [10:36.840 --> 10:41.680] it on the air, but we could maybe talk offline at some point, but there is a similar suit [10:41.680 --> 10:47.960] being put together in Tarrant County as well, and if there are judges and law professors [10:47.960 --> 10:51.680] and so on and so forth from all over the country that have recently met in Tarrant County to [10:51.680 --> 10:56.720] discuss pretty much the same issue that Watkins is feeding. [10:56.720 --> 11:04.040] But no, this is right, they don't have the claim, there's no requirement, there's no [11:04.040 --> 11:14.160] legal requirement, now, there are requirements, but they're not statutory requirements, they're [11:14.160 --> 11:19.360] requirements for you to do something else. [11:19.360 --> 11:28.080] If you want to make this claim, then you have to have perfected that claim by these actions. [11:28.080 --> 11:34.400] That's the kind of statutes and stipulations they are, someone called in last night with [11:34.400 --> 11:47.120] local government code 192-007, and it went to that issue that, that was you, okay, good. [11:47.120 --> 11:55.760] If you want to make a claim that you have standing to appoint a substitute trustee, then you [11:55.760 --> 12:01.440] have to be able to draw a direct line back to the original lender. [12:01.440 --> 12:12.720] So what Craig Watkins said was that you had a duty, a statutory duty to make these filings, [12:12.720 --> 12:16.040] and absolutely do not. [12:16.040 --> 12:20.080] It's one of those things about freedom that they are absolutely free to screw themselves [12:20.080 --> 12:21.080] if they want to. [12:21.080 --> 12:27.040] Yeah, that's correct, they're not required to file, but if they don't, they run the [12:27.040 --> 12:33.040] risk of losing a loss of perfection of lien, and as a matter of fact, when a lot of these [12:33.040 --> 12:38.600] assignments of notes and deed of trust pop up out of thin air from MERS or from anyone [12:38.600 --> 12:44.920] else for that matter, basically what they're trying to do is resurrect an expired lien [12:44.920 --> 12:48.720] that has lost perfection, and once you lose that perfection, you can never get it back, [12:48.720 --> 12:52.640] but that's what they're attempting to do is to resurrect an expired lien. [12:52.640 --> 13:04.280] Right, and we're trying to construct an argument for the prosecutors and the court clerks and [13:04.280 --> 13:10.240] the district judges saying, this is not catastrophe. [13:10.240 --> 13:14.680] If they're unable to enforce this lien, it's not a catastrophe. [13:14.680 --> 13:21.160] If they have a claim, they can still make the claim, and every judicial state they make [13:21.160 --> 13:29.440] their claims, all we're saying is, is they don't have a claim, a direct claim against [13:29.440 --> 13:30.440] the property. [13:30.440 --> 13:36.840] They may have an indirect claim against the property because they can come in and file [13:36.840 --> 13:43.640] suit against the borrower, and then if they win the suit, get a judgment against the property [13:43.640 --> 13:46.120] and go ahead and liquidate it. [13:46.120 --> 13:53.440] All we're saying is, we granted a confessed judgment, we granted a special privilege to [13:53.440 --> 14:00.280] the bank under certain conditions, and he breached those conditions so they don't get [14:00.280 --> 14:03.320] to exercise the special privilege. [14:03.320 --> 14:08.160] Well, and you've got the point, you know, there are a lot of judges, I'm getting really [14:08.160 --> 14:13.280] tired of hearing this free house phrase being thrown around, and there's a judge here in [14:13.280 --> 14:16.800] Tarrant County that's notorious for saying, you know, I'm not going to give away a free [14:16.800 --> 14:17.800] house. [14:17.800 --> 14:18.800] Who is he? [14:18.800 --> 14:19.800] Uh, Walker. [14:19.800 --> 14:20.800] Walker. [14:20.800 --> 14:28.480] You know, and that's my point is, you- Wait a minute, county judge? [14:28.480 --> 14:29.480] District. [14:29.480 --> 14:31.480] Oh, he must have moved up. [14:31.480 --> 14:33.480] I've been in front of Walker. [14:33.480 --> 14:37.520] Actually, I bushwhacked Walker when he was a county judge. [14:37.520 --> 14:39.800] I think there's more than one Walker. [14:39.800 --> 14:43.400] Okay, maybe there is, okay. [14:43.400 --> 14:44.400] Okay. [14:44.400 --> 14:45.400] Sorry, Interrupt. [14:45.400 --> 14:46.400] Go ahead. [14:46.400 --> 14:47.400] Oh, no, no, that's okay. [14:47.400 --> 14:50.400] But you know, that's my point is, you're not giving away a free house. [14:50.400 --> 14:55.560] Basically, they, you know, if the loss of the lien against the property has lost perfection [14:55.560 --> 15:02.400] or otherwise expired or otherwise become invalidated, that, you know, basically all you've done [15:02.400 --> 15:07.960] is taken a secured debt and turned it into an unsecured debt. [15:07.960 --> 15:11.840] The lender can still come back, whoever the real party and interest is, if they can be [15:11.840 --> 15:16.960] found, can still come back and sue for the amount owed, so nobody's getting a free house. [15:16.960 --> 15:17.960] Right. [15:17.960 --> 15:24.000] And when people say you should write your pleadings for an eight-year-old, they're white, and [15:24.000 --> 15:31.440] that's not saying anything bad about the cognitive abilities of the judges. [15:31.440 --> 15:32.680] We need to do that. [15:32.680 --> 15:41.200] We need to consider how human beings will respond to what we're doing. [15:41.200 --> 15:46.160] You know, I live in a house that I bought and I paid for it. [15:46.160 --> 15:51.840] I paid every single dime. [15:51.840 --> 15:57.600] So when somebody comes to me and say, well, I bought this house and I can't pay for it, [15:57.600 --> 16:06.840] you know, the tendency would be to say, well, I bought mine and I paid for it, and I understand [16:06.840 --> 16:09.280] how the judges feel this way. [16:09.280 --> 16:16.960] Now, this is not a legal issue, this is a personal issue, and a judge should not bring [16:16.960 --> 16:27.320] that personal bias to the bench, but this is the real world we live in, and it is not [16:27.320 --> 16:28.320] a perfect world. [16:28.320 --> 16:35.080] If it were a perfect world, a good chance you and I wouldn't be here. [16:35.080 --> 16:43.280] So we have to consider that when we deal with these judges and write our pleadings, and [16:43.280 --> 16:47.080] hang on, Johnny, I want to get more into that when we come back. [16:47.080 --> 16:49.920] We need to become really good storytellers. [16:49.920 --> 16:54.760] Now, I'm not talking about fibbing there, I'm talking about just a good story. [16:54.760 --> 16:59.320] This is Randy Calp, Deputy Secretary Craig, and we'll be right back. 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[19:00.640 --> 19:14.680] Well, don't let nothin' get to you, only the father can do it by you, but don't let back [19:14.680 --> 19:33.720] you to go away, only the father can do it by you, but don't let back you to go away, only [19:33.720 --> 19:44.520] the father can do it by you, but don't let back you to go away, only the father can do [19:44.520 --> 19:57.260] it by you, but don't let back you to go away, only the father can do it by you, but don't [19:57.260 --> 20:05.320] let back you to go away, only the father can do it by you. [20:05.320 --> 20:13.720] A subject that seems to be getting a lot more important, and it's not just the law. [20:13.720 --> 20:16.920] The law is simply not enough. [20:16.920 --> 20:21.440] You've got judges here, and they're mostly very conservative. [20:21.440 --> 20:27.680] They've been around a long time, they've had lots of bills, and they've paid all their [20:27.680 --> 20:35.080] bills because to be a judge, you have to take care of all that kind of stuff. [20:35.080 --> 20:42.440] And then when somebody comes by that can't, they kind of lose a lot of their empathy. [20:42.440 --> 20:45.440] And I understand that. [20:45.440 --> 20:50.280] We go in with a traffic ticket, and we say, oh, you are that cop, he's fibbing, blah, [20:50.280 --> 20:56.160] blah, yada, yada, yada, and the judge is sitting there, he hears this 10 times a day every [20:56.160 --> 20:57.160] day. [20:57.160 --> 21:04.800] Do you really think you're going to invoke some kind of pathos or empathy out of this [21:04.800 --> 21:05.800] judge? [21:05.800 --> 21:09.640] He hears the same stories, he gets owed. [21:09.640 --> 21:20.400] So if we're going to influence the judge, we have to think from the judge's perspective. [21:20.400 --> 21:22.560] Where does he live? [21:22.560 --> 21:29.240] I'm trying to get my local prosecutor to come on the radio so you can hear him talk to it [21:29.240 --> 21:34.040] and listen to his perspective and his issues. [21:34.040 --> 21:39.520] Not because I'm trying to make prosecutors look like good guys or anything like that, [21:39.520 --> 21:45.520] is I'm trying to get people to better understand where these guys live so that you won't be [21:45.520 --> 21:46.520] afraid of them. [21:46.520 --> 21:49.120] You'll know better how to handle them. [21:49.120 --> 21:57.280] And the judges, this is a primary consideration, is people coming before their court trying [21:57.280 --> 22:04.440] to get them to rule that they don't have to pay for their note. [22:04.440 --> 22:08.360] And I understand their consternation. [22:08.360 --> 22:15.160] Even if the banks are kind of bad guys, they did give them the money by that property. [22:15.160 --> 22:18.800] And I know they're arguing that they sold it out half a dozen times. [22:18.800 --> 22:24.560] Maybe they did, maybe they didn't, but that don't have anything to do with you. [22:24.560 --> 22:29.520] You're complaining that two or three people may come back and try to collect on your note. [22:29.520 --> 22:33.880] Well, how many people have tried to collect on your note? [22:33.880 --> 22:37.160] When two or three people try to collect on your note, they come to my court and complain [22:37.160 --> 22:38.160] about it. [22:38.160 --> 22:41.560] But until that happens, you don't have a claim. [22:41.560 --> 22:50.480] So we need to give the judge a way that it's easy to understand the position and a way [22:50.480 --> 22:57.200] that he doesn't feel like he's giving away the farm over something that he considers [22:57.200 --> 22:59.200] relatively minor. [22:59.200 --> 23:06.480] And I've tried to, in this case, construct the argument. [23:06.480 --> 23:15.520] When I write the statement of facts, I state that in the deed of trust, the borrower granted [23:15.520 --> 23:25.560] a special privilege to the lender in the form of a confessed judgment, so that the lender [23:25.560 --> 23:34.960] did not have to invoke the courts in adjudicating a foreclosure, but could code directly to foreclosure. [23:34.960 --> 23:43.400] And then I go on to say, when you do that, the lender must be scrupulous in ensuring [23:43.400 --> 23:48.600] that he abides by all of the tenets of the agreement. [23:48.600 --> 23:52.000] That's something the judge gives his head around. [23:52.000 --> 23:53.000] Yeah. [23:53.000 --> 24:00.920] Well, you've raised two very important points for anyone who is trying to take on this issue [24:00.920 --> 24:03.920] themselves. [24:03.920 --> 24:09.400] The first one being the way people are viewed who are trying to fight on any kind of mortgage [24:09.400 --> 24:10.400] issues. [24:10.400 --> 24:15.040] You're automatically seen as a deadbeat who just wants to skip out on a mortgage. [24:15.040 --> 24:25.800] In my case, the morning that I took my original petition and temporary restraining order to [24:25.800 --> 24:32.880] the judge, the first time I ever met with her, the first time I ever saw her face, we [24:32.880 --> 24:34.320] spoke for about 20 minutes. [24:34.320 --> 24:39.320] 18 of those minutes were spent with her wanting to know, well, how much are the payments? [24:39.320 --> 24:44.400] The last time you made a payment, you can't live in a house for free unless you work out [24:44.400 --> 24:46.120] some kind of payment arrangements with the bank. [24:46.120 --> 24:50.000] By the time we come back here, I'm not going to continue to enforce this TRO. [24:50.000 --> 24:54.320] And just on, and she had already made up her mind that I was just basically trying to get [24:54.320 --> 24:56.040] a free house. [24:56.040 --> 25:00.240] And almost every judge that you'll face has that mindset, so it's very important that [25:00.240 --> 25:07.560] people understand really what's going on regarding converting a secured debt to an unsecured [25:07.560 --> 25:12.280] debt so that they can explain to the judge, look, nobody's getting a house for free. [25:12.280 --> 25:13.280] So that's the first issue. [25:13.280 --> 25:20.040] And the second very important issue that you mentioned is the way the pleadings are constructed. [25:20.040 --> 25:21.680] This is my first civil case. [25:21.680 --> 25:30.160] I've been in, and it was also my first time as a plaintiff in anything on the, I guess [25:30.160 --> 25:36.520] we call it the quadri-criminals side, I've been on the defending side many times. [25:36.520 --> 25:41.000] I've never had to care about the rules or procedure, never had to care about the statutes, [25:41.000 --> 25:44.000] you know, and so on and so forth. [25:44.000 --> 25:49.080] And when I jumped into the civil case, I quickly learned, oh, crap, it doesn't work that way. [25:49.080 --> 25:52.880] When you go in and ask the court to take jurisdiction, you've got to play by their rules and so on [25:52.880 --> 25:53.880] and so forth. [25:53.880 --> 25:57.600] So that caused me some issues up front. [25:57.600 --> 26:04.240] But the way I constructed my pleadings, of course, I didn't know the things then that [26:04.240 --> 26:09.120] I know now, but everything that I put in my pleadings were accurate. [26:09.120 --> 26:15.280] But it tended to, there was just so much, and it went into so much detail that it tended [26:15.280 --> 26:20.280] to overwhelm and confuse the judge and make a reason for it to work. [26:20.280 --> 26:21.280] Okay. [26:21.280 --> 26:25.240] This is a very common problem with proselytics. [26:25.240 --> 26:28.280] I learned a very hard lesson about that. [26:28.280 --> 26:29.280] Yeah. [26:29.280 --> 26:34.560] Do you have O'Connor's civil trials? [26:34.560 --> 26:37.960] I do, both state and federal. [26:37.960 --> 26:38.960] Good. [26:38.960 --> 26:42.640] And O'Connor's causes of action. [26:42.640 --> 26:47.480] I've told this story before, but I think it's appropriate to tell it here. [26:47.480 --> 26:55.280] I have a friend, Ken Magnussen, who's been on the show, and he is my go-to guy for civil [26:55.280 --> 26:56.280] strategy. [26:56.280 --> 27:00.240] He really understands how it really works. [27:00.240 --> 27:03.880] And he is disabled, so he was being foreclosed on. [27:03.880 --> 27:07.160] And he wrote a petition for temporary straining order. [27:07.160 --> 27:08.160] He sent it to me. [27:08.160 --> 27:09.160] He said, what do you think? [27:09.160 --> 27:10.640] I said, well, I read it over. [27:10.640 --> 27:12.160] It's a piece of crap. [27:12.160 --> 27:13.640] He said, you think you can do better? [27:13.640 --> 27:14.640] Sure can. [27:14.640 --> 27:15.640] So I wrote him one. [27:15.640 --> 27:16.640] He filed it in court. [27:16.640 --> 27:17.640] They go to court. [27:17.640 --> 27:21.320] The lawyer shows up on the other side, argues it. [27:21.320 --> 27:23.960] The judge hands the lawyer his hat. [27:23.960 --> 27:28.400] They come out, and the lawyer asks him if he was an attorney, and he said, no, I'm not. [27:28.400 --> 27:29.640] He said, did you write this? [27:29.640 --> 27:31.840] He said, well, I had some help. [27:31.840 --> 27:36.800] He said, this is really good. [27:36.800 --> 27:40.840] And when Ken told me that, I thought, what the heck? [27:40.840 --> 27:45.520] I took that right out of O'Connor's forms. [27:45.520 --> 27:49.120] Well, you know I discovered it was real. [27:49.120 --> 27:50.120] Wait. [27:50.120 --> 27:51.120] Let me finish you. [27:51.120 --> 27:52.120] Okay. [27:52.120 --> 27:54.560] That's why that was so important. [27:54.560 --> 27:58.240] I'm thinking, why did he say that? [27:58.240 --> 28:00.120] Why did he say this was really good? [28:00.120 --> 28:01.320] I mean, it's just a pleading. [28:01.320 --> 28:02.320] What a big kill. [28:02.320 --> 28:05.240] And it finally dawned on me. [28:05.240 --> 28:10.640] He looked at this pleading, and he saw the same pleading his firm would write. [28:10.640 --> 28:16.240] Same case law, same place, just like they would do it, and he's wondering, how the heck [28:16.240 --> 28:17.880] did he do that? [28:17.880 --> 28:25.680] He gave the judge all the case law the judge expected to see, so he didn't have to waste [28:25.680 --> 28:31.720] his time with all of these issues that are always before him, because he didn't have [28:31.720 --> 28:36.160] to read 20 new cases that some pro se gave him. [28:36.160 --> 28:43.400] He only has to look at the very small issue before the court. [28:43.400 --> 28:45.080] That's why he thought it was good. [28:45.080 --> 28:53.080] And we should learn from that, make your pleading look the way the judge expects to see it. [28:53.080 --> 28:54.080] Yeah. [28:54.080 --> 29:01.680] Well, unfortunately, I didn't get the O'Connor stuff until about 14, 15 months into my case. [29:01.680 --> 29:05.280] But I would definitely recommend it for anyone. [29:05.280 --> 29:11.200] And this goes to the psychology, and psychology is my primary study. [29:11.200 --> 29:15.520] You don't want to put anything in there if you can avoid it. [29:15.520 --> 29:21.080] That will cause the judge to think, ah, pro se, pro se. [29:21.080 --> 29:23.560] You don't want that to ever come to mind. [29:23.560 --> 29:29.920] You do not want the judge to ever drop out of the content and go to the structure. [29:29.920 --> 29:33.560] If he does, if you do that, you can lost it. [29:33.560 --> 29:37.600] And I'll explain that a little more when I come back over here to the side, this is Randy [29:37.600 --> 29:44.600] Chalton, Debra Stevens, Eddie Craig, you have low radio, Robin, let's see, Harrow, I [29:44.600 --> 29:50.720] hope I pronounced that right, I see you there, we will pick you up when we come back on the [29:50.720 --> 29:51.720] other side. [29:51.720 --> 30:00.440] Call in number 512-646-1984, we'll be right back. [30:00.440 --> 30:05.600] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th. [30:05.600 --> 30:10.480] The government says that fire burnt it down, however, 1,500 architects and engineers have [30:10.480 --> 30:12.840] concluded it was a controlled demolition. [30:12.840 --> 30:16.840] Over 6,000 of my fellow service members have given their lives, and thousands of my fellow [30:16.840 --> 30:18.280] force respondents have died. [30:18.280 --> 30:22.120] I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correctional, [30:22.120 --> 30:26.800] I'm an Air Force pilot, I'm a father who lost his son, we're Americans, and we deserve [30:26.800 --> 30:27.800] the truth. [30:27.800 --> 30:30.800] Go to RememberBuilding7.org today. [30:30.800 --> 30:37.800] HempUSA.org has a revolutionary wonder food for detoxing the body and rebuilding the immune [30:37.800 --> 30:38.800] system. [30:38.800 --> 30:43.720] Micro-plant powder can help unclog arteries and soften heart valves while removing heavy [30:43.720 --> 30:49.800] metals, virus, fungus, bacteria, and parasites, plus it cleans and purifies the blood, lungs, [30:49.800 --> 30:50.800] stomach, and colon. [30:50.800 --> 30:54.040] Keep your body clean with micro-plant powder. [30:54.040 --> 31:01.560] Visit us at hempUSA.org or call 908-69-12608 today. [31:01.560 --> 31:06.400] It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't [31:06.400 --> 31:10.120] so easy, and neither is finding like-minded people to share it with. [31:10.120 --> 31:13.400] Oh, well, I guess you haven't heard of Brave New Books then. [31:13.400 --> 31:14.400] Brave New Books? [31:14.400 --> 31:15.400] Yes. [31:15.400 --> 31:19.560] Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, [31:19.560 --> 31:24.320] Ron Paul, Angie Ebert Griffith, They Even Stock Inner Food, Berkey Products, and Calvin [31:24.320 --> 31:25.320] Soaps. [31:25.320 --> 31:27.880] There's no way a place like that exists. [31:27.880 --> 31:29.280] Go check it out for yourself. [31:29.280 --> 31:33.280] It's downtown at 1904 Guadalupe Street, just south of UT. [31:33.280 --> 31:34.280] Oh, by UT? [31:34.280 --> 31:36.920] There's never anywhere to park down there. [31:36.920 --> 31:42.320] Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking [31:42.320 --> 31:45.320] facility just behind the bookstore. [31:45.320 --> 31:48.280] It does exist, but when are they open? [31:48.280 --> 31:53.080] Monday through Saturday, 11 a.m. to 9 p.m., and 1 to 6 p.m. on Sundays. [31:53.080 --> 32:19.480] So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com. [32:19.480 --> 32:48.600] Yeah, I want, I want, I won't let you pull the world over my eyes. [32:48.600 --> 33:18.440] Okay, that's Woolly Jerry, Deborah's husband sitting back. [33:18.440 --> 33:31.600] We're talking to Johnny in Texas, and we're talking about how to structure your pleadings. [33:31.600 --> 33:36.160] For the most part, we don't have to figure it out. [33:36.160 --> 33:41.720] We can, for most everything that we're going to address, at least every motion, every type [33:41.720 --> 33:46.360] of motion, we can go to the litigation guides. [33:46.360 --> 33:56.280] If you're in Texas, O'Connor's is the most common, and it is absolutely first rate. [33:56.280 --> 34:03.120] It would serve you well, even if you're not in Texas, to go on Amazon and get O'Connor's [34:03.120 --> 34:12.800] civil trials, because the first two thirds of the book is about motions, pleadings. [34:12.800 --> 34:16.440] This is a writ of habeas corpus. [34:16.440 --> 34:19.200] This is when you file a writ of habeas corpus. [34:19.200 --> 34:21.960] This is how you file a writ of habeas corpus. [34:21.960 --> 34:23.800] Here's the exact structure. [34:23.800 --> 34:29.480] The case law you use, here's how you argue against a habeas corpus, and here's the case [34:29.480 --> 34:30.480] law for that. [34:30.480 --> 34:33.200] These lawyers don't make this stuff up. [34:33.200 --> 34:35.760] They don't just sit down and write motions. [34:35.760 --> 34:41.240] They for the most part pull out the forms and follow the forms. [34:41.240 --> 34:48.400] It's not because they're lazy, it's because the judge is busy, and you don't want to force [34:48.400 --> 34:52.440] the judge to read more than he has to. [34:52.440 --> 35:01.160] So if you use for jurisdiction the same case law in the same order that's in the litigation [35:01.160 --> 35:06.400] guide, you'll be doing it just like everybody else, and the judge can just cruise right [35:06.400 --> 35:11.560] past it, all of these different mandatory sections. [35:11.560 --> 35:17.200] You'll have them in the order the judge expects to see them, in the wording he expects to [35:17.200 --> 35:24.000] see, with the case law he expects to see, so he don't have to spend time looking at [35:24.000 --> 35:27.280] that and deciding whether that's right or not. [35:27.280 --> 35:28.680] This is how he always sees it. [35:28.680 --> 35:32.000] When he gets a pro se, everything's different. [35:32.000 --> 35:37.320] And he's got 20 cases he's never seen. [35:37.320 --> 35:43.360] He's going to look at that and say, do you really think I'm going to read all these cases? [35:43.360 --> 35:47.440] Screw this, deny, deny, deny, deny. [35:47.440 --> 35:50.000] We need to fix that. [35:50.000 --> 35:56.680] The only way I want a judge to realize the document I filed with him was not written [35:56.680 --> 35:58.680] by a lawyer. [35:58.680 --> 36:02.720] He said, there is no attorney's name at the bottom. [36:02.720 --> 36:11.760] You will never see any of this patriot language in my documents, and it's not because I have [36:11.760 --> 36:20.640] a problem with it, it's because of the internal reaction the judge is going to have to it. [36:20.640 --> 36:31.960] I am going to very consciously play to the perceived biases of the judge I'm coming before. [36:31.960 --> 36:39.720] And a way to avoid 90% of those is whatever state you're in, find the litigation guides [36:39.720 --> 36:42.200] that the lawyers use. [36:42.200 --> 36:44.400] Every state has them. [36:44.400 --> 36:50.600] Call a law firm, ask them what the primary litigation guides they use are, and then ask [36:50.600 --> 36:55.000] them if they have some old copies. [36:55.000 --> 37:01.760] We had a woman in Amarillo do that, second lawyer she called, said, do you have a station [37:01.760 --> 37:05.280] wagon or a pickup truck? [37:05.280 --> 37:10.840] You see, every time, about every two years, a Connors puts out another set with all the [37:10.840 --> 37:13.120] latest case law. [37:13.120 --> 37:20.000] And all the lawyers want to quote the latest case law, so all the lawyers buy new ones. [37:20.000 --> 37:24.080] And they got all these old ones sitting around, they do not want the lawyers using them because [37:24.080 --> 37:25.920] the case law is two years old. [37:25.920 --> 37:32.880] Well, where Pro says we're not quite that picky, we can have a two-year-old case law, [37:32.880 --> 37:36.920] and we can check and see if something's been overturned. [37:36.920 --> 37:42.360] But primarily it gives us form and structure. [37:42.360 --> 37:46.360] We need to learn to follow that form and structure. [37:46.360 --> 37:55.080] And once we have the form and structure down, then think about, how is this judge going [37:55.080 --> 37:57.840] to respond to what we're saying? [37:57.840 --> 38:03.400] What are the questions that are going to come to his mind? [38:03.400 --> 38:06.400] Weeding, reading. [38:06.400 --> 38:12.520] Reading is that I study hypnosis, and reading is the most hypnotic thing I ever do. [38:12.520 --> 38:19.320] And a really good writer will take your mind and lead you along. [38:19.320 --> 38:25.560] He will never create a question in your mind that he doesn't answer. [38:25.560 --> 38:30.680] Generally he'll answer the question just before he creates it, or sometimes he will want to [38:30.680 --> 38:37.280] create the question, and then very quickly answer the question. [38:37.280 --> 38:43.200] If he creates a question in your mind and then immediately answers the question in your mind, [38:43.200 --> 38:47.040] that creates an experience called rapport. [38:47.040 --> 38:52.800] You get the internal impression that this guy thinks like I do. [38:52.800 --> 38:54.640] Therefore he's very smart. [38:54.640 --> 38:57.360] I can trust him. [38:57.360 --> 39:05.320] So anyway, I know this is a little more sophisticated than most of the things we do, but if you [39:05.320 --> 39:12.960] add that little piece to your repertoire where you're writing the pleadings, you come out [39:12.960 --> 39:19.840] with a much better pleading, something that's more likely to get you a positive result. [39:19.840 --> 39:23.360] What is your take on that, Johnny? [39:23.360 --> 39:27.960] Well, I mean, I would just stress, and I'll be brief because now that you have callers [39:27.960 --> 39:30.000] on the board, I'll let them have the rest of the time. [39:30.000 --> 39:34.360] But I would just stress that, you know, there's a perception. [39:34.360 --> 39:38.880] Most people have a perception that these judges are very smart, and they know all this mortar [39:38.880 --> 39:42.520] stuff inside and out. [39:42.520 --> 39:43.520] They're not dumb. [39:43.520 --> 39:49.240] It's just, I think that a lot of these judges are trying to figure a lot of this stuff out [39:49.240 --> 39:55.840] just as we are, and if you go in there and try to throw everything under the sun at them [39:55.840 --> 40:02.760] and give them very complex pleadings, you're going to confuse them, and it is easy to confuse [40:02.760 --> 40:03.760] them. [40:03.760 --> 40:09.080] If you go in there trying to, you know, construct a really pretty pleading and a very technical [40:09.080 --> 40:15.680] pleading to wow and impress them, it's going to serve to do nothing but confuse them and [40:15.680 --> 40:17.280] make them not want to have any part of it. [40:17.280 --> 40:23.640] So it is very important to be as brief as possible to the point, not throwing a bunch [40:23.640 --> 40:26.800] of fluff. [40:26.800 --> 40:32.360] You know, you'll get a lot further with them if you don't confuse them, which is very easy [40:32.360 --> 40:33.360] to do. [40:33.360 --> 40:38.440] I think you said earlier, we need to construct our pleadings for an eighth grader, and that's [40:38.440 --> 40:43.120] not being condescending to the judges, it's that, you know, for the most part, I believe [40:43.120 --> 40:46.360] they are still scratching their heads and trying to figure a lot of this stuff out just [40:46.360 --> 40:47.360] as we are. [40:47.360 --> 40:55.560] Yeah, you come before a judge, and he's probably had 30 different issues, totally different [40:55.560 --> 41:00.920] issues before him, before you give here with a foreclosure issue. [41:00.920 --> 41:10.440] So to expect a judge to have the legal library memorized is unreasonable, so we have to bring [41:10.440 --> 41:17.280] the judge everything he needs to give us the decision we want, and we have to have it structured [41:17.280 --> 41:24.600] in a way that he can relatively quickly grasp our position. [41:24.600 --> 41:31.000] Because if we don't, then he gets frustrated if we create questions and don't answer the [41:31.000 --> 41:33.280] questions. [41:33.280 --> 41:37.480] One question that we don't answer, and he's lost, he's gone. [41:37.480 --> 41:46.080] You know, what I do to show here, I tell people I'm an engineer, and we connect dots. [41:46.080 --> 41:50.960] And so where I'm going along, I'm connecting the dots, and that's what the judge is doing. [41:50.960 --> 41:55.960] Well, if you leave a dot out, the judge is going to come to that, and he's going to trip [41:55.960 --> 42:01.720] over it, and in psychology we call that a pattern interruption. [42:01.720 --> 42:05.520] He's going to drop right out of your content and say, wait a minute, wait a minute, and [42:05.520 --> 42:06.520] you have lost him. [42:06.520 --> 42:11.040] Yeah, he's going to get hung up on that one issue, which is another very good point. [42:11.040 --> 42:14.400] Don't put anything in your bleeding that you cannot clearly articulate. [42:14.400 --> 42:18.480] I see a lot of people do that. [42:18.480 --> 42:21.720] You know, and I got hung up on that a couple of times myself. [42:21.720 --> 42:26.480] If you can't articulate it when the judge gets hung up on it, leave it out of the bleeding. [42:26.480 --> 42:35.480] Yeah, and I've had people who knew more about this than me tell me that, and I made exactly [42:35.480 --> 42:38.680] the same mistakes you did, John. [42:38.680 --> 42:41.320] And we've honed it down. [42:41.320 --> 42:49.240] I got the suit down to four pages, that's heading, footing, that's everything, was just [42:49.240 --> 42:50.240] four pages. [42:50.240 --> 42:57.160] And there was just one really highly fine-tuned issue, and if we get past that, we're going [42:57.160 --> 43:02.880] to go to one more highly fine-tuned issue, and that's all. [43:02.880 --> 43:10.320] Yeah, my first bleeding was 22 pages, so my next one will be maybe four or five. [43:10.320 --> 43:15.320] That's a lot easier for a judge to handle. [43:15.320 --> 43:22.560] Now you can attach points and authorities in the form of a brief, but even that has [43:22.560 --> 43:30.120] to be very well-structured and it has to flow logically from one point to the next, otherwise [43:30.120 --> 43:32.120] you're going to lose your reader. [43:32.120 --> 43:33.120] Yep. [43:33.120 --> 43:36.120] Okay, thank you very much, Johnny. [43:36.120 --> 43:43.120] I appreciate it, I'm going to drop off and let the other college have the rest of the [43:43.120 --> 43:44.120] time. [43:44.120 --> 43:45.120] Thanks, guys. [43:45.120 --> 43:46.120] Thank you. [43:46.120 --> 43:47.120] Okay, this is Randy Calton, David Stevens, Eddie Craig with the radio. [43:47.120 --> 43:48.120] Robin, Jim, I see you there. [43:48.120 --> 43:49.120] We'll pick you up on the other side. [43:49.120 --> 43:50.120] Our call-in number, 512-646-1984. [43:50.120 --> 43:51.120] We'll be right back. [43:51.120 --> 44:07.120] Are you the plaintiff or defendant in a lawsuit? [44:07.120 --> 44:10.120] Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand four-CD [44:10.120 --> 44:14.120] course that will show you how in 24 hours, step-by-step. [44:14.120 --> 44:18.120] If you have a lawyer, know what your lawyer should be doing. [44:18.120 --> 44:22.120] If you don't have a lawyer, know what you should do for yourself. [44:22.120 --> 44:27.120] Thousands have won with our step-by-step course and now you can too. [44:27.120 --> 44:33.120] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [44:33.120 --> 44:38.120] Even if you're not in a lawsuit, you can learn what everyone should understand about the [44:38.120 --> 44:42.120] principles and practices that control our American courts. [44:42.120 --> 44:49.120] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [44:49.120 --> 44:52.120] prosay tactics, and much more. [44:52.120 --> 44:56.120] Please visit ruleoflawradio.com and click on the banner. [44:56.120 --> 45:00.120] Our call toll-free 866-LAW-EZ. [45:00.120 --> 45:03.120] The Oklahoma City Bombing. [45:03.120 --> 45:05.120] Top 10 reasons to question the official story. [45:05.120 --> 45:09.120] Reason number one, John Doe number two, and other accomplices. [45:09.120 --> 45:13.120] On the day of the bombing, nearly all of the witnesses that saw Tim McVeigh and the [45:13.120 --> 45:17.120] Ryder truck report that he was accompanied by other perpetrators. [45:17.120 --> 45:22.120] The FBI and federal prosecutors insist that Tim McVeigh alone delivered the Ryder truck [45:22.120 --> 45:25.120] bomb to the Murrah building and detonated it. [45:25.120 --> 45:29.120] The only witness the government produced to place McVeigh at the building that morning, [45:29.120 --> 45:33.120] Dana Bradley, who lost her children and one of her legs in the bombing, testified that [45:33.120 --> 45:38.120] she saw McVeigh with another man, the fateful John Doe number two, exiting the Ryder truck. [45:38.120 --> 45:43.120] While at least 15 other witnesses claim to have seen McVeigh with other perpetrators [45:43.120 --> 45:49.120] the day of the bombing, no less than 226 witnesses placed him with other men in the [45:49.120 --> 45:54.120] days before the bombing, including when he rented the Ryder truck, and in some cases, [45:54.120 --> 45:57.120] have positively identified the other perpetrators. [45:57.120 --> 46:24.120] For more information, please visit okcbombingtruth.com. [46:24.120 --> 46:31.120] Okay, we are back. Randy Kelton, Deborah Stevens, Ida Craig, Rula Radio, and we're going to [46:31.120 --> 46:34.120] Robin in Florida. [46:34.120 --> 46:37.120] Robin, talk to me. What do you have for us? [46:37.120 --> 46:39.120] Hello, Randy. How are you doing tonight? [46:39.120 --> 46:41.120] I'm good. [46:41.120 --> 46:49.120] Good. I spoke with you last week on Thursday about a foreclosure case I'm dealing with. [46:49.120 --> 46:57.120] Basically, it was a case where God dismissed for lack of prosecution, and about 63 days [46:57.120 --> 47:05.120] later the plaintiff tried to come back and vacate the judgment that the judge signed, [47:05.120 --> 47:07.120] the order. [47:07.120 --> 47:12.120] So, we talked about this briefly on the air. [47:12.120 --> 47:18.120] My question is, this is sort of like a smorgasbord of errors that they've given me to attack, [47:18.120 --> 47:21.120] if you will. [47:21.120 --> 47:25.120] Okay, a question before we get past this part. [47:25.120 --> 47:27.120] Okay. [47:27.120 --> 47:30.120] 63 days after the order. [47:30.120 --> 47:32.120] Yes. [47:32.120 --> 47:40.120] Did you check Florida law to find out when a judgment becomes final? [47:40.120 --> 47:46.120] By that I mean, when does the judge lose plenary jurisdiction? [47:46.120 --> 47:48.120] Texas is 30 days. [47:48.120 --> 47:50.120] Yeah, it's 30 days in Florida. [47:50.120 --> 47:52.120] At the time I said 60, but I was incorrect. [47:52.120 --> 47:54.120] It's 30. [47:54.120 --> 48:00.120] And then after that, it just, they lose jurisdiction, right? [48:00.120 --> 48:04.120] That goes to subject matter jurisdiction. [48:04.120 --> 48:06.120] Yes. [48:06.120 --> 48:09.120] And so, actually there was a hearing held today. [48:09.120 --> 48:15.120] I couldn't attend the objective because it didn't confer with me and whatnot. [48:15.120 --> 48:19.120] So, they had a hearing today to hear that. [48:19.120 --> 48:25.120] So, my question is, can they even have a hearing after the 30 days in this case? [48:25.120 --> 48:33.120] Did you have a objection to a challenge subject matter jurisdiction before the court? [48:33.120 --> 48:39.120] I did have an objection, father of the court, and I did mention that, yes. [48:39.120 --> 48:41.120] Good, wonderful. [48:41.120 --> 48:46.120] So, do you know what the ruling was that's come down to get? [48:46.120 --> 48:48.120] No, I have to, I tried to get to there. [48:48.120 --> 48:49.120] I got off work late. [48:49.120 --> 48:51.120] I couldn't get down to get that. [48:51.120 --> 49:01.120] So, I guess basically my question is, if he did rule and let them come back in, should I sue the judge? [49:01.120 --> 49:03.120] Not yet. [49:03.120 --> 49:04.120] Okay. [49:04.120 --> 49:07.120] File a motion for reconsideration. [49:07.120 --> 49:09.120] Okay. [49:09.120 --> 49:11.120] Follow the steps. [49:11.120 --> 49:18.120] Give the judge the benefit of the doubt, even though he doesn't deserve it. [49:18.120 --> 49:25.120] If you've mentioned subject matter jurisdiction, then at least it's, at least somewhat before the court. [49:25.120 --> 49:29.120] But subject matter jurisdiction can be wasted any time. [49:29.120 --> 49:43.120] You need to prepare a motion for reconsideration with points and a FOA decent support of your claim for lack of subject matter jurisdiction. [49:43.120 --> 49:44.120] Okay. [49:44.120 --> 49:45.120] All right. [49:45.120 --> 49:48.120] Another issue. [49:48.120 --> 49:52.120] Wait, let me give one piece of information before you go there. [49:52.120 --> 49:53.120] Okay. [49:53.120 --> 50:06.120] Find a statute that sets the limit on preliminary juristic plenary, P-L-E-M-A-R-Y, plenary jurisdiction. [50:06.120 --> 50:09.120] And get an annotated copy of that. [50:09.120 --> 50:13.120] Find a place where you can get the annotated statutes. [50:13.120 --> 50:16.120] That will give you the case law and support that you need. [50:16.120 --> 50:17.120] Okay. [50:17.120 --> 50:18.120] Go ahead. [50:18.120 --> 50:19.120] Okay. [50:19.120 --> 50:21.120] Another question. [50:21.120 --> 50:26.120] They did an assignment of mortgage. [50:26.120 --> 50:31.120] Basically, after that, 30-day period went up. [50:31.120 --> 50:36.120] So the case was made on December 6th, February 28th, I believe it was. [50:36.120 --> 50:39.120] They did an assignment of mortgage. [50:39.120 --> 50:45.120] So, and it's a mere mortgage. [50:45.120 --> 51:02.120] So, you had mentioned a few weeks ago, I think it was Leslie in Pennsylvania talked about in a Kansas higher court ruling that, or the attorney from here is saying that they don't have authority to assign anything, basically. [51:02.120 --> 51:04.120] No, no, that wasn't Kansas. [51:04.120 --> 51:08.120] You think that Kansas case was Lambert-Gree-Kester. [51:08.120 --> 51:09.120] Oh, okay. [51:09.120 --> 51:11.120] I think it was Nebraska, if I'm not mistaken. [51:11.120 --> 51:14.120] It might have been a Nebraska case, but that's not where we need to go. [51:14.120 --> 51:17.120] We need to figure this one out. [51:17.120 --> 51:18.120] No, okay. [51:18.120 --> 51:23.120] Is Mayor's listed in the mortgage? [51:23.120 --> 51:26.120] This is Florida and it's a judicial state. [51:26.120 --> 51:28.120] Yes, judicial and it is listed. [51:28.120 --> 51:31.120] They're listed as the beneficiary. [51:31.120 --> 51:33.120] Okay. [51:33.120 --> 51:36.120] There won't be a... [51:36.120 --> 51:38.120] Okay. [51:38.120 --> 51:40.120] There won't be a trustee here. [51:40.120 --> 51:49.120] In the transfer section, the property is transferred to Mayor's? [51:49.120 --> 51:51.120] You mean the assignment? [51:51.120 --> 51:54.120] No, in the mortgage. [51:54.120 --> 51:56.120] In the mortgage. [51:56.120 --> 51:58.120] It is... [51:58.120 --> 52:01.120] Let's see, it has Mayor's. [52:01.120 --> 52:07.120] It should be the section just before the uniformed covenants. [52:07.120 --> 52:10.120] Yes, it says borrowers and mortgages on the security instrument. [52:10.120 --> 52:16.120] It has Mayor's, it's mortgage electronic registration system. [52:16.120 --> 52:19.120] I don't see where it says about transfer. [52:19.120 --> 52:21.120] Okay, check the bottom of the document. [52:21.120 --> 52:23.120] Does it have a footer on it? [52:23.120 --> 52:28.120] It says Fannie Mae Friedman uniform document, the document number. [52:28.120 --> 52:30.120] Yes, yes, yes. [52:30.120 --> 52:34.120] You had mentioned it has to form 3010 just for Florida. [52:34.120 --> 52:39.120] Have you pulled up that form and compared it to this one? [52:39.120 --> 52:44.120] Yes, and I don't think Mayor's is showing up. [52:44.120 --> 52:58.120] Well, is a beneficiary listed in the Fannie Mae Friedman uniform document? [52:58.120 --> 53:00.120] No, I don't know that. [53:00.120 --> 53:05.120] Okay, okay, that's something to look for. [53:05.120 --> 53:14.120] When, okay, the first assignment, who did the assignment? [53:14.120 --> 53:21.120] Well, it was the, I believe it was the attorneys that got it up here. [53:21.120 --> 53:34.120] Okay, the affirmation where they signed it, they generally just above that have the name of the entity they're signing for. [53:34.120 --> 53:41.120] Yes, mortgage electronic registration systems as nominee for ACT lending, [53:41.120 --> 53:52.120] and they have underneath the vice president of Mayor's, which is Shaquita Knox, witnesses under that, two witnesses. [53:52.120 --> 54:04.120] And this was done by some document prepared by some company in North Palm Harbor, Florida. [54:04.120 --> 54:13.120] It's probably a document preparation company. Does it have a jurat? [54:13.120 --> 54:15.120] Jurat is the... [54:15.120 --> 54:17.120] Notary. [54:17.120 --> 54:23.120] Yeah, it has the Notary's commission expires, August 22nd, 2018. [54:23.120 --> 54:34.120] Look at, it is the date on the jurat and the Notary's name on the jurat in handwriting. [54:34.120 --> 54:38.120] Nope, it's typewritten or stamped. [54:38.120 --> 54:50.120] Okay, is there any writing on the jurat that appears to be of the same hand as the signature? [54:50.120 --> 55:00.120] Let's see, maybe the dates, but sort of hard to tell you, those are numbers and letters, sort of hard to compare those. [55:00.120 --> 55:11.120] Okay, compare those to the hand that signs it as the affirmation. [55:11.120 --> 55:16.120] Yeah, I mean, the only... [55:16.120 --> 55:32.120] Those two appear to be different hands. The hand that signed the document from MERS and the writing on the jurat, does that appear to be of a different hand? [55:32.120 --> 55:35.120] It looks to be similar. [55:35.120 --> 55:48.120] Okay, that's enough. That's what we need. The date of the document should be just above or just to the left of the signature. [55:48.120 --> 55:49.120] Yeah. [55:49.120 --> 55:51.120] What date is that? [55:51.120 --> 55:53.120] February 8th, 2012. [55:53.120 --> 55:58.120] Okay, then what is the date on the jurat? [55:58.120 --> 56:05.120] It says my commission expires August 22nd, 2014. Is that what you're... [56:05.120 --> 56:13.120] It should say that he verified this document on a certain date. [56:13.120 --> 56:19.120] Oh, there's four going to initially acknowledge before me on 2-8-2012. [56:19.120 --> 56:23.120] 2-8? Is that the same date as the affirmation I didn't get you? [56:23.120 --> 56:25.120] Yes, yes. [56:25.120 --> 56:33.120] Sometimes we have those off. This is a 2012 document that they have gotten a lot more careful. [56:33.120 --> 56:48.120] Now, okay, this is Florida. You need to check with the Secretary of State for Florida and see if Florida requires the keeping of a sequential ledger. [56:48.120 --> 56:54.120] We had one notary tell us that they didn't and I don't believe that. [56:54.120 --> 56:58.120] So check and see if they're required to keep a sequential ledger. [56:58.120 --> 57:09.120] If not, find out what kind of records the notary is required to keep in order to validate a notary shouldn't. [57:09.120 --> 57:12.120] And then request that. [57:12.120 --> 57:13.120] Okay. [57:13.120 --> 57:19.120] Okay, this is just one document. How old is this note? [57:19.120 --> 57:26.120] This is from November of 2006. [57:26.120 --> 57:41.120] Okay. Is there any notices of change of servicer or any kind of assignments or changes filed in the court record? [57:41.120 --> 57:49.120] Any documents between this assignment you just mentioned and the more details? [57:49.120 --> 57:56.120] None that I can find. The only one I found is this one in February. [57:56.120 --> 57:59.120] Okay, that is extremely unusual. [57:59.120 --> 58:05.120] Okay, hang on. This is Randy Kelton, David Stevens, David Craig with our radio. [58:05.120 --> 58:11.120] We're going to our top of the hour break. We're going into the last hour. [58:11.120 --> 58:15.120] So if you have a question or comment, get in line. [58:15.120 --> 58:18.120] It tends to build up at the end. [58:18.120 --> 58:23.120] Okay, when we come back, we'll finish this foreclosure issue. [58:23.120 --> 58:28.120] This is a subject that's kind of dear to my heart because it's what I'm studying right now. [58:28.120 --> 58:32.120] And we'll talk about what you should find in the court record. [58:32.120 --> 58:36.120] And then, Jim, I see you online. We'll keep you next. [58:36.120 --> 58:40.120] This is Randy Kelton, David Stevens, David Craig with our radio. [58:40.120 --> 58:50.120] I call in number 512-646-1984, and you'll be right back. [58:50.120 --> 58:58.120] The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it. [58:58.120 --> 59:06.120] Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the Scripture. [59:06.120 --> 59:09.120] Enter the recovery version. [59:09.120 --> 59:13.120] First, this new translation is extremely faithful and accurate. [59:13.120 --> 59:18.120] But the real story is the more than 9,000 explanatory footnotes. [59:18.120 --> 59:22.120] Difficult and profound passages are opened up in a marvelous way, [59:22.120 --> 59:27.120] providing an entrance into the riches of the Word beyond which you've ever experienced before. [59:27.120 --> 59:33.120] Bibles for America would like to give you a free recovery version simply for the asking. [59:33.120 --> 59:43.120] This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102 [59:43.120 --> 59:50.120] or by ordering online at freestudybible.com. That's freestudybible.com. [59:50.120 --> 01:00:00.120] You're listening to the Logos Radio Network at LogosRadioNetwork.com. [01:00:00.120 --> 01:00:10.120] Children conceived through fertility treatments are more likely to suffer serious birth defects than babies conceived naturally. [01:00:10.120 --> 01:00:17.120] I'm Dr. Catherine Albrecht, and in a moment I'll have details on a groundbreaking study on the risks of fertility treatments. [01:00:17.120 --> 01:00:23.120] Privacy is under attack. When you give up data about yourself, you'll never get it back again. [01:00:23.120 --> 01:00:28.120] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:00:28.120 --> 01:00:33.120] So protect your rights. Say no to surveillance and keep your information to yourself. [01:00:33.120 --> 01:00:39.120] Privacy, it's worth hanging on to. This message is brought to you by StartPage.com, [01:00:39.120 --> 01:00:46.120] the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage. [01:00:46.120 --> 01:00:51.120] These days, childless couples are turning to fertility clinics in record numbers, [01:00:51.120 --> 01:00:58.120] but a new study finds the risk of birth defects in babies conceived through fertility treatments is significantly higher than average. [01:00:58.120 --> 01:01:07.120] After reviewing 300,000 birth records, researchers found that 8% of fertility babies suffered from heart, genital, kidney, brain, and lung problems. [01:01:07.120 --> 01:01:10.120] That's 40% higher than babies conceived naturally. [01:01:10.120 --> 01:01:17.120] What's more, the risk of birth defects tripled when mothers used chloramethine citrate, a drug that induces ovulation. [01:01:17.120 --> 01:01:24.120] With millions of babies born each year through fertility treatments, it's about time doctors began telling their patients about these risks. [01:01:24.120 --> 01:01:30.120] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine. [01:01:30.120 --> 01:01:41.120] Should the United States return some lands taken from Native Americans as a step toward ending discrimination, the UN thinks so. [01:01:41.120 --> 01:01:47.120] I'm Dr. Catherine Albrecht and I'll discuss the issue of modern day compensation for historical injustice next. [01:01:47.120 --> 01:01:53.120] Privacy is under attack. When you give up data about yourself, you'll never get it back again. [01:01:53.120 --> 01:02:00.120] And once your privacy is gone, you'll find your freedoms will start to vanish too. So protect your rights. [01:02:00.120 --> 01:02:04.120] Say no to surveillance and keep your information to yourself. [01:02:04.120 --> 01:02:13.120] Privacy, it's worth hanging on to. This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. [01:02:13.120 --> 01:02:16.120] Start over with StartPage. [01:02:16.120 --> 01:02:25.120] It's a dark chapter in American history. For more than a century, Native Americans suffered from land takings, genocide, and oppression. [01:02:25.120 --> 01:02:29.120] Should the U.S. government right those wrongs today? And who should say? [01:02:29.120 --> 01:02:36.120] The United Nations thinks it should. The UN Human Rights Council is commissioned to report on America's treatment of indigenous tribes, [01:02:36.120 --> 01:02:42.120] suggesting that the U.S. should return land in Arizona plus the Black Hills of South Dakota to make amends. [01:02:42.120 --> 01:02:47.120] We can't hide from history, and indigenous peoples are Americans who need help. [01:02:47.120 --> 01:02:53.120] Still, it's disturbing to have the UN telling us how to fix this wound to our national conscience. [01:02:53.120 --> 01:03:13.120] I'm Dr. Cameron Albrecht for StartPage.com, the world's most private search engine. [01:03:24.120 --> 01:03:31.120] I will realize by my part of time, until he returns. [01:03:31.120 --> 01:03:35.120] I will realize by my part of time, until he returns. [01:03:35.120 --> 01:03:39.120] He has to be with his faith and with God. [01:03:39.120 --> 01:03:42.120] I will aid with my concerns. [01:03:42.120 --> 01:03:50.120] I will realize by my part of time, until I realize by my part of time. [01:03:50.120 --> 01:03:57.120] Okay, we are back when the Captain and Steve are doing great. [01:03:57.120 --> 01:04:02.120] We have a radio and we're talking to the government in Florida. [01:04:02.120 --> 01:04:11.120] If you had a no-six loan, it's unusual not to have anything filing the record. [01:04:11.120 --> 01:04:18.120] Did you have a change of servicers in this period? [01:04:18.120 --> 01:04:20.120] No, not a change of... [01:04:20.120 --> 01:04:31.120] Well, I did have a subsidiary of Chase, I believe it was, and then Chase took it. [01:04:31.120 --> 01:04:33.120] I forgot the name of that company, but... [01:04:33.120 --> 01:04:35.120] Okay, a change of... [01:04:35.120 --> 01:04:40.120] Even if it's a wholly owned subsidiary, it's still a different company. [01:04:40.120 --> 01:04:41.120] Yeah. [01:04:41.120 --> 01:04:50.120] And we have a very good points and authorities filed by a federal magistrate in Austin. [01:04:50.120 --> 01:04:53.120] And his name was Austin. [01:04:53.120 --> 01:04:59.120] On that very issue, it happened to be Chase and Chase home loans. [01:04:59.120 --> 01:05:03.120] And he's saying they're not the same. [01:05:03.120 --> 01:05:14.120] So there would need to be assignments from one servicer to another filed in the court record. [01:05:14.120 --> 01:05:20.120] As far as the public record goes, the only assignment is this most recent one in February. [01:05:20.120 --> 01:05:23.120] The mortgage is in there, but not any assignments. [01:05:23.120 --> 01:05:24.120] Okay, what is the assignment? [01:05:24.120 --> 01:05:27.120] Is the assignment of substitute trustee? [01:05:27.120 --> 01:05:32.120] No, it's just the assignment of mortgage. [01:05:32.120 --> 01:05:36.120] Okay, is this in foreclosure? [01:05:36.120 --> 01:05:38.120] Yes. [01:05:38.120 --> 01:05:42.120] Okay, who did they assign the mortgage to? [01:05:42.120 --> 01:05:45.120] They assigned it to... [01:05:45.120 --> 01:05:48.120] Let me see, Chase. [01:05:48.120 --> 01:05:57.120] The original lender assigned it to Chase or Mears as beneficiary. [01:05:57.120 --> 01:06:00.120] As nominee for the original lender. [01:06:00.120 --> 01:06:05.120] Yeah, Mears as whatever that word is used to. [01:06:05.120 --> 01:06:09.120] Yeah, nominee means agent. [01:06:09.120 --> 01:06:14.120] Yeah, they call themselves nominee, but it just means agent. [01:06:14.120 --> 01:06:15.120] Doesn't sound... [01:06:15.120 --> 01:06:19.120] I'm not hearing a lot of trash in there. [01:06:19.120 --> 01:06:20.120] And that's surprising. [01:06:20.120 --> 01:06:21.120] That's unusual. [01:06:21.120 --> 01:06:23.120] It's usually I have a bunch of junk. [01:06:23.120 --> 01:06:28.120] I could do a better evaluation if I could see the documents. [01:06:28.120 --> 01:06:31.120] Okay, where are you now? [01:06:31.120 --> 01:06:34.120] What is the issue at this point? [01:06:34.120 --> 01:06:38.120] I've been interrupting you all along, so you never got to the real issue. [01:06:38.120 --> 01:06:39.120] No problem. [01:06:39.120 --> 01:06:48.120] Now, that assignment that was done in February, just to me on its face, is just fraudulent. [01:06:48.120 --> 01:06:49.120] How? [01:06:49.120 --> 01:06:51.120] I mean, how can you assign something? [01:06:51.120 --> 01:06:58.120] Wouldn't that tend to prove my case that the court never had jurisdiction over this case? [01:06:58.120 --> 01:07:01.120] No. [01:07:01.120 --> 01:07:07.120] I don't hear anything that goes to subject matter jurisdiction of the court at this point. [01:07:07.120 --> 01:07:14.120] If Mears is named in the mortgage, [01:07:14.120 --> 01:07:25.120] and Mears made this transfer as the agent of the original mortgagee, they can actually do that. [01:07:25.120 --> 01:07:26.120] Okay. [01:07:26.120 --> 01:07:32.120] This is a nonjudicial state, so there's no trustee to deal with. [01:07:32.120 --> 01:07:37.120] Now, have you done a securities audit? [01:07:37.120 --> 01:07:39.120] Not on this one. [01:07:39.120 --> 01:07:49.120] If you look at paragraph 19 or 20, there should be a paragraph that authorizes the lender [01:07:49.120 --> 01:07:55.120] to sell a portion of the note or the entire note. [01:07:55.120 --> 01:08:00.120] Brackets, together with this security instrument. [01:08:00.120 --> 01:08:05.120] Do you have that sentence in your mortgage? [01:08:05.120 --> 01:08:06.120] Yes. [01:08:06.120 --> 01:08:07.120] Good. [01:08:07.120 --> 01:08:18.120] The securities audit, if you can show that the note appears in a remake, in a pass-through [01:08:18.120 --> 01:08:29.120] trust, and that chain of ownership, you know, this, we'll have to go to Florida like we're [01:08:29.120 --> 01:08:42.120] here, where John was talking about 192.007 of our local government code, requires that [01:08:42.120 --> 01:08:48.120] in order to perfect a claim, each change of ownership or benefit of interest has to be [01:08:48.120 --> 01:08:51.120] filed in the county record. [01:08:51.120 --> 01:09:01.120] You need to see what exists in Florida law concerning the requirements for a perfected [01:09:01.120 --> 01:09:02.120] claim. [01:09:02.120 --> 01:09:12.120] Then look at that, and then call us back next Thursday to see what you've come up with. [01:09:12.120 --> 01:09:13.120] Okay. [01:09:13.120 --> 01:09:20.120] So look up what would be the law in Florida concerning perfecting a claim? [01:09:20.120 --> 01:09:29.120] Yeah, and make sure we're not, this is not what they're required to file, but in order [01:09:29.120 --> 01:09:33.120] to make a claim, what must be in the court record. [01:09:33.120 --> 01:09:34.120] I see. [01:09:34.120 --> 01:09:35.120] I see. [01:09:35.120 --> 01:09:40.120] Like you said before, they can have the right, they reserve the right to be stupid if they [01:09:40.120 --> 01:09:41.120] want. [01:09:41.120 --> 01:09:42.120] Yes, they do. [01:09:42.120 --> 01:09:43.120] Yes, they do. [01:09:43.120 --> 01:09:44.120] Okay. [01:09:44.120 --> 01:09:47.120] See what you can find and then give us a call next week. [01:09:47.120 --> 01:09:49.120] Thanks a lot. [01:09:49.120 --> 01:09:54.120] Now we're going to go to John in Ohio. [01:09:54.120 --> 01:09:58.120] John, what do you have for us? [01:09:58.120 --> 01:10:00.120] Oh, that's Jim in Ohio. [01:10:00.120 --> 01:10:02.120] Oh, I'm sorry. [01:10:02.120 --> 01:10:03.120] It is Jim. [01:10:03.120 --> 01:10:05.120] I just read it wrong. [01:10:05.120 --> 01:10:07.120] Hello, Jim in Ohio. [01:10:07.120 --> 01:10:09.120] Is it hot and dry up there? [01:10:09.120 --> 01:10:10.120] It is. [01:10:10.120 --> 01:10:17.120] It cooled off here today after all of the hullabaloo that we have been through, and it was unbelievable. [01:10:17.120 --> 01:10:20.120] It's almost jacket weather. [01:10:20.120 --> 01:10:21.120] It's cool here in Texas. [01:10:21.120 --> 01:10:25.120] It never gets hot in Texas. [01:10:25.120 --> 01:10:30.120] Yeah, that's all a bunch of Yankee propaganda. [01:10:30.120 --> 01:10:33.120] Texas wouldn't lie about that. [01:10:33.120 --> 01:10:38.120] I spent a week out there one night, so I did better. [01:10:38.120 --> 01:10:40.120] Oh, okay. [01:10:40.120 --> 01:10:43.120] Okay, what do you have for us tonight? [01:10:43.120 --> 01:10:54.120] Well, I had the traffic situation on March 28th, and I've called you about it. [01:10:54.120 --> 01:10:55.120] Hold on. [01:10:55.120 --> 01:10:57.120] We lost part of that. [01:10:57.120 --> 01:10:59.120] Be careful if you turn your head away from the bike. [01:10:59.120 --> 01:11:01.120] You kind of drifted after me. [01:11:01.120 --> 01:11:03.120] Can you start that again? [01:11:03.120 --> 01:11:11.120] Yeah, I had the bench trial for a traffic case begun on March 28th. [01:11:11.120 --> 01:11:15.120] And I have one. [01:11:15.120 --> 01:11:22.120] First of all, I wanted to thank you for in the last few minutes of one Friday night that I called in, [01:11:22.120 --> 01:11:28.120] you had given me two, reminded me of two things that I was aware of from listening to you earlier, [01:11:28.120 --> 01:11:34.120] two very important pieces of case law, and that was screws and Kennedy. [01:11:34.120 --> 01:11:47.120] And that was very helpful in my presentation and follow through with all the things that I have used in the past [01:11:47.120 --> 01:11:57.120] because I can't afford the wonderful work of Eddie's or Frederick Graves' work yet. [01:11:57.120 --> 01:12:00.120] I still have a plan to try to get them. [01:12:00.120 --> 01:12:05.120] I've used a complementary template that I had, which is a notice of abatement, [01:12:05.120 --> 01:12:11.120] and I have been successful with it three out of four times thus far. [01:12:11.120 --> 01:12:16.120] This is number five, and I have not counted out yet. [01:12:16.120 --> 01:12:23.120] I have used it up to this far thus far, but I've got a different wrinkle that came at me this time, [01:12:23.120 --> 01:12:36.120] and it threw me a curve, and once I went to the bench trial, I was set to argue in one particular... [01:12:36.120 --> 01:12:44.120] not argue, but ask questions in one particular way, and I wasn't very effective. [01:12:44.120 --> 01:12:48.120] But at any rate, what has gone on is there has been a bench trial, [01:12:48.120 --> 01:12:58.120] and the notice of abatement that I filed with the clerk to abate the process because of improper service, [01:12:58.120 --> 01:13:11.120] and no standing towards jurisdiction was, of course, not denied, but disregarded. [01:13:11.120 --> 01:13:21.120] Up to the point that I received a second notice of bench trial that said, [01:13:21.120 --> 01:13:26.120] now I'm ordering you bench trial and an oral hearing on demand for abatement. [01:13:26.120 --> 01:13:29.120] Well, that was by the time that I had gotten into court. [01:13:29.120 --> 01:13:35.120] They said, yeah, I looked at it, and it wasn't anything to it, so we're moving on with the trial. [01:13:35.120 --> 01:13:43.120] So I got bushwhacked to use a Randy Kelton term, and that's what threw me off my center, [01:13:43.120 --> 01:13:47.120] and I was fumbling after that point. [01:13:47.120 --> 01:13:54.120] I should have done better than that, but my call this evening is to ask what I would do next [01:13:54.120 --> 01:13:58.120] if I haven't lost Jerry Sillier. [01:13:58.120 --> 01:14:00.120] Eddie? [01:14:00.120 --> 01:14:02.120] Yes, I'm here. [01:14:02.120 --> 01:14:06.120] If you want to address that, I'll try to stay out of that area. [01:14:06.120 --> 01:14:08.120] Okay. [01:14:08.120 --> 01:14:11.120] You tried to abate a traffic ticket? [01:14:11.120 --> 01:14:13.120] Yes. [01:14:13.120 --> 01:14:19.120] For improper service and lack of standing towards jurisdiction, [01:14:19.120 --> 01:14:29.120] mentioning a list of 10 things and serving this on the clerk, of course, for the abatement process. [01:14:29.120 --> 01:14:36.120] You lit yourself as the creditor and all that good stuff? [01:14:36.120 --> 01:14:37.120] No. [01:14:37.120 --> 01:14:38.120] No? [01:14:38.120 --> 01:14:39.120] No. [01:14:39.120 --> 01:14:43.120] He just had a plea in abatement. [01:14:43.120 --> 01:14:44.120] Okay. [01:14:44.120 --> 01:14:48.120] He said, abate the proceedings because she didn't give me proper notice. [01:14:48.120 --> 01:15:01.120] I questioned what a summons is and who can, if this was to be used as a summons, someone with an adversarial interest to serve it on me, [01:15:01.120 --> 01:15:07.120] and so on and so forth, all the standard things, and mentioning case law throughout. [01:15:07.120 --> 01:15:17.120] Boswell v. Otis, of course, enforcing the statutes, don't act judicially but merely ministerially. [01:15:17.120 --> 01:15:18.120] Okay. [01:15:18.120 --> 01:15:27.120] You need to look for that case a little harder because I have looked for that case and I have never, ever found it. [01:15:27.120 --> 01:15:28.120] Really? [01:15:28.120 --> 01:15:30.120] You're using case law off the Internet. [01:15:30.120 --> 01:15:33.120] Not a good idea. [01:15:33.120 --> 01:15:35.120] Okay. [01:15:35.120 --> 01:15:36.120] Yes. [01:15:36.120 --> 01:15:37.120] All right. [01:15:37.120 --> 01:15:41.120] The first thing here is, what kind of court is it? [01:15:41.120 --> 01:15:51.120] This had been moved from the mayor's court that I mentioned because it wasn't a court of record and I asked about it being a court of record [01:15:51.120 --> 01:16:00.120] and the process that it began with was, of course, let's make a deal with the city attorney and I said, [01:16:00.120 --> 01:16:04.120] well, I need to know something before I can give you a plea on this. [01:16:04.120 --> 01:16:06.120] It seems that we're way away from the... [01:16:06.120 --> 01:16:07.120] Okay. [01:16:07.120 --> 01:16:09.120] Objection non-responsive. [01:16:09.120 --> 01:16:13.120] The mayor's court, did this happen yet? [01:16:13.120 --> 01:16:29.120] This was moved to a county court and to a county law court so that I would be able to ask the questions that I was presenting to the city attorney [01:16:29.120 --> 01:16:32.120] and the mayor's court on a record. [01:16:32.120 --> 01:16:33.120] Okay. [01:16:33.120 --> 01:16:35.120] So you asked it to be moved to a court of record? [01:16:35.120 --> 01:16:36.120] I did. [01:16:36.120 --> 01:16:38.120] And they acquiesced? [01:16:38.120 --> 01:16:39.120] They did. [01:16:39.120 --> 01:16:40.120] Okay. [01:16:40.120 --> 01:16:42.120] Hold that thought and we'll get on this on the other side. [01:16:42.120 --> 01:16:43.120] All right, folks. [01:16:43.120 --> 01:16:45.120] This is rule of law radio. [01:16:45.120 --> 01:16:49.120] Call in number 512-646-1984. [01:16:49.120 --> 01:16:53.120] We got about 45 minutes left and we got about three or four callers. [01:16:53.120 --> 01:16:55.120] So now's the time to get in line. [01:16:55.120 --> 01:16:56.120] Don't wait. [01:16:56.120 --> 01:17:22.120] We'll be right back after the break. [01:17:27.120 --> 01:17:32.120] Call us at 512-646-644-0 for more details. [01:17:32.120 --> 01:17:39.120] As always, we buy, sell, and trade precious metals, give appraisals, and cater to those with all sizes of coin collections. [01:17:39.120 --> 01:17:47.120] We're located at 7304 Burnett Road, Suite A, about half a mile north of Canig next to the Ikebon Sushi and Genie Car Wash. [01:17:47.120 --> 01:17:51.120] We're open Monday through Friday, 10 to 6, Saturdays, 10 to 2. [01:17:51.120 --> 01:18:00.120] Visit us at capitalcoinambulion.com or call 512-646-644-0 and say you heard about us on rule of law radio or Texas Liberty Radio. [01:18:00.120 --> 01:18:03.120] What's been the problem with phone companies? [01:18:03.120 --> 01:18:09.120] High prices and contracts that lock you in for two years minimum, not freedomtelephones.com. [01:18:09.120 --> 01:18:15.120] Freedom telephones are designed around the concept and reality of patriotism, loyalty, and privacy. 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[01:18:58.120 --> 01:19:00.120] Portable, private, perfect. [01:19:00.120 --> 01:19:25.120] Oh, come on. [01:19:25.120 --> 01:19:35.120] If I can get everything I want [01:19:35.120 --> 01:19:45.120] If I can get everything I need [01:19:45.120 --> 01:19:52.120] If I can get everything I need [01:19:52.120 --> 01:20:13.120] Alright folks, we are back, this is Rule of Law Radio, calling number 512-646-1984. [01:20:13.120 --> 01:20:18.120] Alright, we are talking to Jim in Ohio about a traffic issue. [01:20:18.120 --> 01:20:23.120] Alright Jim, you got this, moved into a court of record in the county court. [01:20:23.120 --> 01:20:33.120] You went in, you challenged the jurisdiction of the court through an abatement because the court couldn't show that it had jurisdiction. [01:20:33.120 --> 01:20:35.120] We correct so far. [01:20:35.120 --> 01:20:55.120] Yes, I asked for a bill of particulars as to, you know, the elements of standing and it was ignored and I expected pretty much that that would be the way, that's the way it has gone in the past. [01:20:55.120 --> 01:20:58.120] Okay, and you didn't judicially conduct, complain the judge? [01:20:58.120 --> 01:20:59.120] I did not. [01:20:59.120 --> 01:21:00.120] Why not? [01:21:00.120 --> 01:21:03.120] I haven't done any of that yet. [01:21:03.120 --> 01:21:06.120] The judge is not abiding by the law of due process. [01:21:06.120 --> 01:21:10.120] He deserves a bar agreement. [01:21:10.120 --> 01:21:15.120] Once standing is challenged, they have to prove it on the record. [01:21:15.120 --> 01:21:19.120] If they try to bull those ahead, then they're just running roughshod. [01:21:19.120 --> 01:21:22.120] They're not obeying the right of due process. [01:21:22.120 --> 01:21:25.120] We covered, we started covering this at the beginning of the show. [01:21:25.120 --> 01:21:27.120] Yes, then that's the case. [01:21:27.120 --> 01:21:44.120] This is what we were saying, once you challenge subject matter jurisdiction, even if the court has jurisdiction, absolutely, incontrovertibly, they still have to prove it. [01:21:44.120 --> 01:21:49.120] If they fail to prove it, they don't have it. [01:21:49.120 --> 01:21:51.120] Understood. [01:21:51.120 --> 01:21:54.120] Okay. [01:21:54.120 --> 01:22:04.120] One of the small points in the move from the mayor's court to the county court, I never was before a magistrate. [01:22:04.120 --> 01:22:11.120] And the plea was entered ex parte in the matter. [01:22:11.120 --> 01:22:17.120] And I got a second notice of hearing, I don't know whether I just mentioned that or not. [01:22:17.120 --> 01:22:33.120] The second notice was ordered to a bench trial and then the second one was, once they became aware of the abatement in play, ordered to a bench trial and oral hearing on demand for abatement. [01:22:33.120 --> 01:22:36.120] And then it wasn't, then nothing was done on that. [01:22:36.120 --> 01:22:38.120] They just forged ahead with it. [01:22:38.120 --> 01:22:45.120] When you say a bench trial, are you saying they had a hearing on the motion in abatement or they had a trial? [01:22:45.120 --> 01:22:47.120] They had a trial. [01:22:47.120 --> 01:22:49.120] They ignored the abatement hearing. [01:22:49.120 --> 01:22:56.120] What type of case is a traffic citation in Ohio, criminal or civil? [01:22:56.120 --> 01:22:58.120] It is criminal. [01:22:58.120 --> 01:23:05.120] Then how could they have a bench trial and waive your right to jury without your consent? [01:23:05.120 --> 01:23:24.120] Well, when I brought that up and brought up the judicial notice that I had served on the judge about a common law proceeding, he said, well, you had up to a week ago to ask for a jury trial. [01:23:24.120 --> 01:23:39.120] And the fact of the matter is that once a case number had been set on this, right on the heels of that, there was the order for the bench trial. [01:23:39.120 --> 01:23:54.120] Okay, in a criminal case, the adversarial party or the court, who is supposed to be neutral, cannot waive a protected right of the accused without the accused consent. [01:23:54.120 --> 01:23:58.120] And you haven't judicially come to complain this judge yet. [01:23:58.120 --> 01:24:00.120] That's the part I'm trying to get through here. [01:24:00.120 --> 01:24:17.120] Wait a minute. Is there law in Ohio that says that you must request a jury trial in a traffic or classy misdemeanor or you waive it? [01:24:17.120 --> 01:24:21.120] Is there such a statute to your knowledge? [01:24:21.120 --> 01:24:32.120] I am going to accept the fact that that is part of criminal procedure. I haven't looked at it yet. I have very little time for research in the many hours that I work. [01:24:32.120 --> 01:24:39.120] I've tried to get some help on tracking down some of this information, but I have very little time. [01:24:39.120 --> 01:24:47.120] In fact, usually when I'm listening or talking to you guys, I'm at work. I'm off this evening. I'm usually in the warehouse if you remember that. [01:24:47.120 --> 01:24:51.120] As a matter of fact, I do remember that. [01:24:51.120 --> 01:24:53.120] Yeah. [01:24:53.120 --> 01:25:05.120] So I'm going to accept the fact that if he presented that, that it is part of a procedure the way it's said in Ohio. [01:25:05.120 --> 01:25:15.120] I don't know that and don't jump real hard on me because I'm going to accept that without having checked it out because I'm foolish for not doing that. [01:25:15.120 --> 01:25:27.120] But there are so many other things that cut to the quick on standing that I would never need that point anyway. [01:25:27.120 --> 01:25:41.120] What I'm calling to ask about is I've been able, even with what you said, Eddie, about never being able to find this one point of case law that I brought up in this... [01:25:41.120 --> 01:25:54.120] that I got off of the net, I have been successful with it because I have brought it to the point of notice and default. [01:25:54.120 --> 01:25:58.120] And when I do go to court, I say I'm not here for a trial. [01:25:58.120 --> 01:26:14.120] I'm not here to collect my formal paperwork of dismissal because there is no more matter of controversy for the judge to hear. [01:26:14.120 --> 01:26:34.120] And in two of the cases, right up to the door, they didn't have the police officer there. And in one case, back in Colorado, they kept me busy while they never thought that I was going to be there in this one particular proceeding. [01:26:34.120 --> 01:26:50.120] And so they called the cop in off the gun range. It took him about 35 minutes to get there through the snow and ice, but it still was dismissed. [01:26:50.120 --> 01:27:01.120] For lack of prosecution, I get down to the... when I'm pressed to the wall, I called the plaintiff. And of course, the plaintiff is the artificial entity. [01:27:01.120 --> 01:27:09.120] Okay, wait a minute. We're telling stories. Let's get to a question we always toward the end of the show that calls begin to build up. [01:27:09.120 --> 01:27:12.120] So what is the question? [01:27:12.120 --> 01:27:19.120] My question for you all is, can I get to you past the airtime this evening? [01:27:19.120 --> 01:27:23.120] I've never gotten to the point where I had to write any criminal complaints. [01:27:23.120 --> 01:27:39.120] There are about 30 criminal complaints shared between the officer, the city attorney, and I'm still trying to get the information on whether the city attorney had permission to argue in this county court. [01:27:39.120 --> 01:27:46.120] But I need some help on writing complaints, and I've never done that. [01:27:46.120 --> 01:27:52.120] Okay, first place to look is jurismprudence.com. [01:27:52.120 --> 01:27:55.120] I went there and go ahead, though. [01:27:55.120 --> 01:28:06.120] In documents and research, in the document section, there's a folder for blanks, and you'll find some blank criminal complaints. [01:28:06.120 --> 01:28:11.120] Now, these are complaints from Texas. [01:28:11.120 --> 01:28:18.120] Essentially, the only thing that will be different is the heading. [01:28:18.120 --> 01:28:26.120] But look on there. I have a set of complaints I prepared against all these people in Cherokee County. [01:28:26.120 --> 01:28:30.120] Take a look at that. [01:28:30.120 --> 01:28:40.120] There is a statement of probable cause, and each of these sections are numbered. [01:28:40.120 --> 01:28:51.120] I wrote the claim in language. When you read it, you'll see it makes a specific accusation. [01:28:51.120 --> 01:28:57.120] Each criminal complaint should be separate on a separate document. [01:28:57.120 --> 01:29:11.120] If you read the whole thing, just read through part of it, and you'll see where it refers to a criminal complaint, and then go look up that complaint. [01:29:11.120 --> 01:29:13.120] It'll be in a folder there, and look how the complaint was structured. [01:29:13.120 --> 01:29:22.120] So you'll see the statement and how we use the statement in the complaint itself, and you'll tell you how to put a complaint together. [01:29:22.120 --> 01:29:30.120] Now, that's not the form structure for Ohio. Just look at whatever... [01:29:30.120 --> 01:29:40.120] If they don't create criminal complaints in the municipal court, you can go down to the county court or district court, criminal court, and pull up a few cases. [01:29:40.120 --> 01:29:45.120] You should be able to see some. If you can't find the complaint, get an information. [01:29:45.120 --> 01:29:49.120] Information tends to look just like the complaint. [01:29:49.120 --> 01:30:00.120] Okay, Randy Chalk, David Stevens, Eddie Craig, Ruvla Radio, we'll be right back. [01:30:00.120 --> 01:30:07.120] A noble lie, Oklahoma City, 1995, will change forever the way you look at the true nature of terrorism. [01:30:07.120 --> 01:30:11.120] Based on the damage pattern to the building, but the government sends impossible. [01:30:11.120 --> 01:30:14.120] The grand jury did not want to hear anything I had to say. [01:30:14.120 --> 01:30:18.120] The decision was made not to pursue any more of those individuals. [01:30:18.120 --> 01:30:23.120] Some of these columns were ripped up, shredded, tossed around. [01:30:23.120 --> 01:30:27.120] The people that did the things they did knew doggone well what they were doing. [01:30:27.120 --> 01:30:31.120] Expose the cover up now at anoblelive.com. [01:30:31.120 --> 01:30:37.120] The Ruvla Radio Network is proud to present a due process of law seminar hosted by our own Eddie Craig. [01:30:37.120 --> 01:30:43.120] Eddie is a former Nacodotius Sheriff's deputy, and for the past 21 years he's been studying the due process of law, [01:30:43.120 --> 01:30:51.120] and he offers his knowledge to you at a seminar every Sunday from 2 o'clock to 5 o'clock at Brave New Books, located at 1904 Guadalupe Street. [01:30:51.120 --> 01:31:00.120] Admission is $20, so please make plans to come by and sit with Eddie and learn for yourself what the true intent of law really is. [01:31:00.120 --> 01:31:09.120] At hempusa.org, we offer chemical-free products to people around the world, detoxifying, self-healing while rebuilding the immune system. [01:31:09.120 --> 01:31:15.120] We urge our listeners to please consider our largest-selling product, micro-plant powder. [01:31:15.120 --> 01:31:24.120] Our micro-plant powder is rich in iodine, probiotics, zinc, and silica to help rebuild the immune system and to create a healthy stomach flora. [01:31:24.120 --> 01:31:29.120] Micro-plant powder is excellent for daily intake and is perfect to add to your storage shelter. [01:31:29.120 --> 01:31:37.120] We urge our listeners to please visit us at hempusa.org, and remember, all of our products are chemical-free and healthy to eat. [01:31:37.120 --> 01:31:46.120] We constantly strive to give you the best service, highest quality, and rapid shipping anywhere, and we offer free shipping on orders over $95 in the U.S. [01:31:46.120 --> 01:31:52.120] Please visit us at hempusa.org or call 908-6912608. [01:31:52.120 --> 01:31:55.120] That's 908-6912608. [01:31:55.120 --> 01:32:00.120] See what our powder, seeds, and oil can do for you at hempusa.org. [01:32:00.120 --> 01:32:10.120] You're listening to the Logos Radio Network at LogosRadioNetwork.com. [01:32:30.120 --> 01:32:39.120] We're talking to you. [01:32:39.120 --> 01:32:52.120] We're talking to you. We're talking to the bride and groom. [01:32:52.120 --> 01:33:08.120] I think we finished with Jim. Jim, did we finish with you on the other side? [01:33:08.120 --> 01:33:12.120] Not formally. [01:33:12.120 --> 01:33:16.120] Okay, I was getting my little brain dead here. [01:33:16.120 --> 01:33:23.120] I had one of the questions, and it was in regard to a civil procedure in regard to this, [01:33:23.120 --> 01:33:28.120] and I'm wondering whether or not to pass all of the criminal complaint writing, [01:33:28.120 --> 01:33:37.120] or whether I need to do that before I might possibly file what Charlie Sprinkle filed. [01:33:37.120 --> 01:33:43.120] Okay, I knew Charlie Sprinkle. I don't remember what all he filed. [01:33:43.120 --> 01:33:52.120] Well, he filed the deprivation of rights from Reagan on down in California back in 1975. [01:33:52.120 --> 01:33:56.120] Okay, you're not in California. You might not get to that. [01:33:56.120 --> 01:34:05.120] I doubt that. Don't file anything you can't argue. [01:34:05.120 --> 01:34:13.120] Charlie Sprinkle knew his subject really well. Very few people could argue his issue. [01:34:13.120 --> 01:34:22.120] If you look on Jewish Impudence, I have this very long and involved religious habeas corpus. [01:34:22.120 --> 01:34:27.120] I can dance through that thing, forwards, backwards, upside down, sideways, [01:34:27.120 --> 01:34:31.120] but it would be hard for somebody else to do that. [01:34:31.120 --> 01:34:38.120] It's not that you couldn't, but you obviously don't have time for that. I would keep my issue simple. [01:34:38.120 --> 01:34:44.120] Well, that's very good advice. [01:34:44.120 --> 01:34:48.120] Yeah, if you can't argue an issue, don't bring it. [01:34:48.120 --> 01:34:56.120] All that dude, you know, you said earlier that they tripped you up and you were stuck. [01:34:56.120 --> 01:35:01.120] When you said that, I thought of how many times that has happened to me. [01:35:01.120 --> 01:35:08.120] They do that all the time. They only bring the issues you can argue and object to everything else. [01:35:08.120 --> 01:35:13.120] I even knew what to argue, but I didn't argue it. And as soon as I left the room, I was saying, [01:35:13.120 --> 01:35:16.120] why didn't you say this? Why didn't you say that? [01:35:16.120 --> 01:35:20.120] I don't know how many times I've done that. [01:35:20.120 --> 01:35:25.120] Except I'm generally whacking myself upside the head at the same time. [01:35:25.120 --> 01:35:28.120] And I'm doing it with him if I'm with him. [01:35:28.120 --> 01:35:35.120] Well, I said all I could concentrate on. [01:35:35.120 --> 01:35:38.120] Did we lose it, Jim? [01:35:38.120 --> 01:35:41.120] I guess we were done with Jim. I think he just dropped off. [01:35:41.120 --> 01:35:48.120] Okay, we are going to go to Brian in... [01:35:48.120 --> 01:35:51.120] Oops, I'll get the right one here in a minute. [01:35:51.120 --> 01:35:54.120] Okay, Brian in Texas. [01:35:54.120 --> 01:35:57.120] Andy and Eddie and Deborah, if you're there. [01:35:57.120 --> 01:35:58.120] Hey, Brian. [01:35:58.120 --> 01:36:03.120] I'm calling today because I just got served a citation in a delinquent tax suit. [01:36:03.120 --> 01:36:06.120] They're saying that they're all property taxes. [01:36:06.120 --> 01:36:16.120] And apparently they are dishonoring my land patent that I sent copies through the Williamson County Tax Assessor Collector. [01:36:16.120 --> 01:36:20.120] And their law firm is totally ignoring that. [01:36:20.120 --> 01:36:26.120] And apparently I got to respond within 20 days from this coming Monday. [01:36:26.120 --> 01:36:33.120] And I'm calling because first I have some advice from you guys, you the experts in all this legal stuff. [01:36:33.120 --> 01:36:38.120] I really hate it when somebody says that. Excuse me. [01:36:38.120 --> 01:36:44.120] Eddie, you're more knowledgeable in property tax than me. [01:36:44.120 --> 01:36:50.120] Yeah, but the problem is I don't know what all this, what all Brian's filed with this. [01:36:50.120 --> 01:36:58.120] I do know that have you gone in and had a court rule on declaring your property private property, Brian? [01:36:58.120 --> 01:37:00.120] No, no, that hasn't happened. [01:37:00.120 --> 01:37:08.120] Okay, have you had your property moved from the public rolls to the private rolls? [01:37:08.120 --> 01:37:17.120] No, not that I'm aware of. I had paid the 2010 copy of taxes, but then in 2011 is when I did the land patent process. [01:37:17.120 --> 01:37:27.120] And then I notified the tax assessor collector, went down there in person and talked to them and told them that I expect them to remove my property off their tax rolls [01:37:27.120 --> 01:37:31.120] because I have perfected the land patent and I left a copy with them. [01:37:31.120 --> 01:37:42.120] And then the next day that attorney representing Williamson County called me and said that there's nothing that they can do for me and that I have to take it up with them in the courts. [01:37:42.120 --> 01:37:48.120] And now we're getting up to that point where they just served me today so they're forcing me to go to court over this. [01:37:48.120 --> 01:37:53.120] Okay, that's great. First thing you do is bargue the attorney. [01:37:53.120 --> 01:37:56.120] Well, bargue that law firm? [01:37:56.120 --> 01:38:04.120] They claim that they have full knowledge that your land is patented. [01:38:04.120 --> 01:38:13.120] And they know that this suit, this action is frivolous and they're just doing it for harassment. [01:38:13.120 --> 01:38:17.120] Like malicious prosecutors or something like that too? [01:38:17.120 --> 01:38:20.120] Yeah, just make it, it didn't matter. [01:38:20.120 --> 01:38:25.120] Just their bunch of chumps, their part of hair on the wrong side. [01:38:25.120 --> 01:38:35.120] Probably the crappier the bar grievances, the more annoying it's going to be. [01:38:35.120 --> 01:38:41.120] Well, I believe that bargue that law firm, is that going to stop this court case? [01:38:41.120 --> 01:38:50.120] No, but what it's going to do is make the lawyer not want you to file another one. [01:38:50.120 --> 01:38:54.120] And here again, I'm going back to politics and not law. [01:38:54.120 --> 01:39:00.120] If you file a really crappy, poorly crafted bar grievance, [01:39:00.120 --> 01:39:07.120] it looks like you just pull some junk out of the air and stuck it on the bar grievance and filed it. [01:39:07.120 --> 01:39:13.120] The law firm's going to look at that and say, this is no good rotten snake in the grass. [01:39:13.120 --> 01:39:18.120] He filed this piece of crap bar grievance. [01:39:18.120 --> 01:39:29.120] It's worthless, it's harmless, it's frivolous, but it's still doubled our malpractice insurance and we can't even complain about it. [01:39:29.120 --> 01:39:38.120] That might be more effective than filing a serious, very well crafted bar grievance. [01:39:38.120 --> 01:39:44.120] Now, here I'm not talking about law, I'm talking about politics. [01:39:44.120 --> 01:39:51.120] I'm talking about you're this attorney who gets this bar grievance that's going to double his malpractice insurance [01:39:51.120 --> 01:39:56.120] and you look at it and say, look at this, this is a piece of crap, this is worthless. [01:39:56.120 --> 01:40:01.120] And he feels terribly, terribly mistreated. [01:40:01.120 --> 01:40:06.120] If he gets a very well crafted bar grievance, he's not going to feel so mistreated. [01:40:06.120 --> 01:40:15.120] But in feeling so mistreated, he's going to feel like you do when they go right over you. [01:40:15.120 --> 01:40:22.120] He's going to feel mistreated and helpless to do anything about it. [01:40:22.120 --> 01:40:30.120] There's no individual attorney, there's just like four names here of a law firm that just do bar grievance and all four of those. [01:40:30.120 --> 01:40:34.120] Okay, now somebody signed that document. [01:40:34.120 --> 01:40:41.120] Well, the courts of the district court did, at least the David did, but no, and there's a law firm mentioned, [01:40:41.120 --> 01:40:45.120] attorneys for the plaintiff, but there's no attorney signature on here. [01:40:45.120 --> 01:40:51.120] Okay, then find out whoever the lead attorney is for the law firm. [01:40:51.120 --> 01:40:54.120] Okay, call the law firm and say who's the lead attorney for this case. [01:40:54.120 --> 01:41:02.120] Yeah, lead attorney for this case or who is the head of this law firm and filing a case. [01:41:02.120 --> 01:41:05.120] Respond to yet superior. [01:41:05.120 --> 01:41:08.120] Oh, to the head of the law firm, huh? [01:41:08.120 --> 01:41:09.120] Mm-hmm. [01:41:09.120 --> 01:41:18.120] Okay, and then in the interim, when I go to court, just bring copies of my land patent and should I present that or file it into the case? [01:41:18.120 --> 01:41:21.120] You need law. [01:41:21.120 --> 01:41:28.120] We have all these people saying that the land patent issue is so well adjudicated, the Supreme Court refuses to see it again. [01:41:28.120 --> 01:41:32.120] Well, I said, guys, I would really like to see that law. [01:41:32.120 --> 01:41:39.120] For that case law that's so well adjudicated, I've never received that case law that's so well adjudicated. [01:41:39.120 --> 01:41:42.120] That's my problem with the land patent issue. [01:41:42.120 --> 01:41:50.120] And this is my problem with a lot of these things that flow around the internet and the patriot community. [01:41:50.120 --> 01:41:59.120] I was doing research this morning on subject matter jurisdiction and I got a hit on a document from Freedom Law School. [01:41:59.120 --> 01:42:03.120] I know the guy from Freedom Law School. [01:42:03.120 --> 01:42:05.120] Oh, Eminemotahara? [01:42:05.120 --> 01:42:07.120] No. [01:42:07.120 --> 01:42:12.120] I'm not going to mention his name on the air because I'm going to crash his document. [01:42:12.120 --> 01:42:14.120] I'm sorry. [01:42:14.120 --> 01:42:20.120] I get this subject matter jurisdiction document and it lists all these cases. [01:42:20.120 --> 01:42:21.120] I go to look them up. [01:42:21.120 --> 01:42:25.120] I can't find a single one of them. [01:42:25.120 --> 01:42:30.120] I was really, really unhappy. [01:42:30.120 --> 01:42:31.120] Bad case. [01:42:31.120 --> 01:42:32.120] Actually, I'm sorry. [01:42:32.120 --> 01:42:39.120] I found, I couldn't find three of them, two of them I found and they did not say what he said they said. [01:42:39.120 --> 01:42:42.120] And I think that's the worst thing I've ever come across. [01:42:42.120 --> 01:42:44.120] Bad case like this. [01:42:44.120 --> 01:42:48.120] Make up some crap over out of the blue. [01:42:48.120 --> 01:42:51.120] This makes me nuts. [01:42:51.120 --> 01:43:00.120] And when someone brings this really well articulated argument like Winston Shrout. [01:43:00.120 --> 01:43:05.120] I was on his show once and he's talking about all of this stuff. [01:43:05.120 --> 01:43:11.120] And I said, well, Winston, you know, I'm a creature of statute. [01:43:11.120 --> 01:43:14.120] How did you get there with the statutes? [01:43:14.120 --> 01:43:22.120] He said, he starts talking about the 1931 or three bankruptcy and all this blah, blah, blah. [01:43:22.120 --> 01:43:23.120] Yeah, yeah, yeah. [01:43:23.120 --> 01:43:26.120] And I say, well, Winston, now I'm a creature of statute. [01:43:26.120 --> 01:43:29.120] I got to get there with the statutes. [01:43:29.120 --> 01:43:32.120] Tell me, where did you come up with this? [01:43:32.120 --> 01:43:37.120] He said, well, I figured it out. [01:43:37.120 --> 01:43:41.120] I said, are you telling me you made it up? [01:43:41.120 --> 01:43:43.120] He said, yes, as a matter of fact, I did. [01:43:43.120 --> 01:43:47.120] I said, well, Winston, I can't go into court without I made it up. [01:43:47.120 --> 01:43:49.120] I need the statutes. [01:43:49.120 --> 01:43:51.120] You're going to need the statutes. [01:43:51.120 --> 01:43:53.120] This is Randy Cowell from Denver State in the City of Craig. [01:43:53.120 --> 01:43:54.120] We have our radio. [01:43:54.120 --> 01:43:58.120] I call in number 512-646-1984. [01:43:58.120 --> 01:44:00.120] You'll be right back. [01:44:00.120 --> 01:44:06.120] It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy. [01:44:06.120 --> 01:44:09.120] And neither is finding like-minded people to share it with. [01:44:09.120 --> 01:44:12.120] Oh, well, I guess you haven't heard of Brave New Books then. [01:44:12.120 --> 01:44:13.120] Brave New Books? [01:44:13.120 --> 01:44:14.120] Yes. [01:44:14.120 --> 01:44:20.120] Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Albert Griffin. [01:44:20.120 --> 01:44:24.120] They even stock inner food, Burkey products, and Calvin Soaps. [01:44:24.120 --> 01:44:26.120] There's no way a place like that exists. [01:44:26.120 --> 01:44:28.120] Go check it out for yourself. [01:44:28.120 --> 01:44:32.120] It's downtown at 1904 Guadalupe Street, just south of UT. [01:44:32.120 --> 01:44:33.120] Oh, by UT? [01:44:33.120 --> 01:44:35.120] There's never anywhere to park down there. [01:44:35.120 --> 01:44:43.120] Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore. [01:44:43.120 --> 01:44:46.120] It does exist, but when are they open? [01:44:46.120 --> 01:44:51.120] Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays. [01:44:51.120 --> 01:44:59.120] So get them a call at 512-480-2503 or check out their events page at bravenewbookstore.com. [01:45:00.120 --> 01:45:03.120] Are you the plaintiff or defendant in a lawsuit? [01:45:03.120 --> 01:45:13.120] Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course that will show you how in 24 hours, [01:45:13.120 --> 01:45:14.120] step-by-step. [01:45:14.120 --> 01:45:18.120] If you have a lawyer, know what your lawyer should be doing. [01:45:18.120 --> 01:45:22.120] If you don't have a lawyer, know what you should do for yourself. [01:45:22.120 --> 01:45:27.120] Thousands have won with our step-by-step course, and now you can too. [01:45:27.120 --> 01:45:34.120] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [01:45:34.120 --> 01:45:43.120] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts. [01:45:43.120 --> 01:45:52.120] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prosay tactics, and much more. [01:45:52.120 --> 01:46:01.120] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ. [01:46:22.120 --> 01:46:48.120] The People [01:46:48.120 --> 01:46:58.120] The People [01:46:58.120 --> 01:47:00.120] We are back. [01:47:00.120 --> 01:47:03.120] Randy Calvin Dempsey was at Craigwood Law Radio. [01:47:03.120 --> 01:47:08.120] And if you're Brian, you are definitely going to be in case law. [01:47:08.120 --> 01:47:21.120] Well, Randy, I'm close to responding to the clerk of the court. Should I send her another copy of my land patent with directions that this court has no jurisdiction, unless it's the federal court anyway? [01:47:21.120 --> 01:47:26.120] Don't send it to her unless you have case law in support, points to the authorities. [01:47:26.120 --> 01:47:32.120] Oh yeah, on the land patent, it mentioned the case law. [01:47:32.120 --> 01:47:35.120] Can you send me a copy of that? I'd like to see that. [01:47:35.120 --> 01:47:37.120] Yeah, yeah, what's your email? [01:47:37.120 --> 01:47:41.120] Randy at ruleoflawradio.com. [01:47:41.120 --> 01:47:49.120] But go on the internet, Texas, land patent, do a search for it, and you'll be surprised what you'll find. [01:47:49.120 --> 01:47:53.120] And save it all in a folder and then send me the folder. [01:47:53.120 --> 01:48:00.120] Okay, and in the interim, well, I need to send her something, but I guess I've got about 20 days, so you'll get back with me before long? [01:48:00.120 --> 01:48:03.120] Yes, yes, yes. Get it to me. I'd like to see it. [01:48:03.120 --> 01:48:07.120] Okay, well, okay, thanks, Randy. You guys have a blessed evening. Thank you much. [01:48:07.120 --> 01:48:13.120] Okay, okay, thank you. And now we're going to go to Tyler in Wyoming. [01:48:13.120 --> 01:48:17.120] Hello, Mr. Tyler. How's it going up there in Wyoming? [01:48:17.120 --> 01:48:22.120] Not too bad, Randy. We got the Frontier Days, Danny and Ma, going on right here now. [01:48:22.120 --> 01:48:27.120] It's just opening nights and nights that ought to be a pretty busy two weeks here. [01:48:27.120 --> 01:48:35.120] I just wanted to say I appreciate your show. I thank you for what you and Eddie do in camera. [01:48:35.120 --> 01:48:39.120] I'll make this quick. I know you've got a caller or two. [01:48:39.120 --> 01:48:46.120] My first question was there's a rule in court that all corporations have to be represented by an attorney. [01:48:46.120 --> 01:48:58.120] When you go into court, it's an obvious fact that the city is registered and the city is the plaintiff. They're always registered as a corporation, be if there's never an attorney there. [01:48:58.120 --> 01:49:02.120] So I don't know if you can make anything out of that or not, but... [01:49:02.120 --> 01:49:05.120] Oh, wait a minute. Hold on, hold on. [01:49:05.120 --> 01:49:11.120] If you go into a city municipal court... [01:49:11.120 --> 01:49:13.120] Yeah, municipal. [01:49:13.120 --> 01:49:23.120] Oh, okay. Can a JP in Wyoming hold a hearing without a prosecutor? [01:49:23.120 --> 01:49:29.120] Well, they have been, but I don't see how that... [01:49:29.120 --> 01:49:42.120] But there's a court rule, though, and I believe it applies to all the courts. It says all corporations must be represented by an attorney, but yet the city is registered as a corporation, but they never have an attorney. [01:49:42.120 --> 01:49:56.120] So, you know, if you're in it, if you're being charged with a state traffic violation by the city, then it is the state that's prosecuting not the city. [01:49:56.120 --> 01:50:04.120] If you're being charged with violating a municipal ordinance, then there would have to be a city attorney there. [01:50:04.120 --> 01:50:13.120] Yeah, but that still only shifts who the legal entity is. In this case, the state becomes the legal entity rather than the municipality. [01:50:13.120 --> 01:50:22.120] In some states, they allow a inferior court judge to hold a hearing without a prosecutor there. [01:50:22.120 --> 01:50:24.120] Okay. [01:50:24.120 --> 01:50:29.120] So you'd have to check and see how the law stands in Wyoming. [01:50:29.120 --> 01:50:31.120] I'll check into that. [01:50:31.120 --> 01:50:36.120] Second question real quick. I got one for you, Randy, then I got one for Eddie. [01:50:36.120 --> 01:50:42.120] The one for you first, Randy, you were talking about a few weeks ago. [01:50:42.120 --> 01:50:54.120] They are implementing the Real ID Act here in Wyoming. I was with a family member who was getting a license the other day, and the lady said that, and I was quite enough to tell her if that is the case. [01:50:54.120 --> 01:50:59.120] Wyoming's being that foolish. I'm not going to get my license renewed. [01:50:59.120 --> 01:51:03.120] So I'm going to have to exercise my rights to travel. [01:51:03.120 --> 01:51:15.120] And you had talked about, you mentioned that you registered your, your Ottawa bills, I believe, with the Department of Transportation under private non-commercial or something like that. [01:51:15.120 --> 01:51:16.120] I wonder. [01:51:16.120 --> 01:51:28.120] Yeah, as a private operator, if you own a large wheat farm and you produce a large wheat crop and you need to get that crop to market, [01:51:28.120 --> 01:51:33.120] if it's large enough, you need 18 wheaters to get it done with. [01:51:33.120 --> 01:51:43.120] So you buy your two or three trucks and you hire yourself a couple of grained up bill haulers and you haul your grain to market. [01:51:43.120 --> 01:51:46.120] You are not in commerce. [01:51:46.120 --> 01:51:49.120] You are a private operator. [01:51:49.120 --> 01:52:05.120] So you're driving this vehicle that a reasonable person of ordinary prudence would look at this vehicle and consider that it is a type of vehicle that is designed normally used for commerce. [01:52:05.120 --> 01:52:14.120] But you are using it in a special capacity, which does not include commerce, as you are a private operator and not for hire. [01:52:14.120 --> 01:52:30.120] So you would file with the, you would apply for a DOT number with the Department of Transportation and list yourself as a private operator, not in commerce. [01:52:30.120 --> 01:52:31.120] Okay. [01:52:31.120 --> 01:52:38.120] And I just got stopped day before yesterday for speeding two miles over. [01:52:38.120 --> 01:52:45.120] And I asked the officer, did you see that number on the back of my vehicle? [01:52:45.120 --> 01:52:46.120] No, I didn't. [01:52:46.120 --> 01:52:51.120] Well, you might want to look at it and run that DOT number. [01:52:51.120 --> 01:52:54.120] I said, well, I'll do that when I check your license. [01:52:54.120 --> 01:53:03.120] He came back and gave me a warning for, it was 60 and I was actually doing 67. [01:53:03.120 --> 01:53:09.120] And I had a tire imbalance that stopped at 67 below that. [01:53:09.120 --> 01:53:11.120] I'd get a bounce out of it. [01:53:11.120 --> 01:53:15.120] But he gave me a warning and said, you can go. [01:53:15.120 --> 01:53:16.120] Okay. [01:53:16.120 --> 01:53:20.120] So I don't know if I had anything to do with it or not, but it's on there. [01:53:20.120 --> 01:53:23.120] And you put this on all your carotids, right? [01:53:23.120 --> 01:53:28.120] I mean, you would get all the DOT numbers for all of them that you know. [01:53:28.120 --> 01:53:30.120] No, one number for all of them. [01:53:30.120 --> 01:53:31.120] Yeah, one number. [01:53:31.120 --> 01:53:34.120] And then you put that on all of them. [01:53:34.120 --> 01:53:35.120] Okay. [01:53:35.120 --> 01:53:41.120] Now the officer has constructive notice that I am a private operator. [01:53:41.120 --> 01:53:43.120] I am not in commerce. [01:53:43.120 --> 01:53:44.120] Right. [01:53:44.120 --> 01:53:49.120] I know Eddie objects to fighting with federal government and I understand his objection. [01:53:49.120 --> 01:53:52.120] But I just took this for the fun of it. [01:53:52.120 --> 01:53:59.120] Now, is that the Department of Transportation, what kind of forum do you ask for for that application? [01:53:59.120 --> 01:54:01.120] You can do it online. [01:54:01.120 --> 01:54:06.120] Just go to the Department of Public Safety, the Department of Transportation site. [01:54:06.120 --> 01:54:09.120] And it's a registration site. [01:54:09.120 --> 01:54:11.120] I think it's form 150. [01:54:11.120 --> 01:54:12.120] You can do that online. [01:54:12.120 --> 01:54:17.120] It takes about 10 minutes and they'll give you your number online instantly. [01:54:17.120 --> 01:54:20.120] That's for 150? [01:54:20.120 --> 01:54:22.120] Yeah, I think it's form 150. [01:54:22.120 --> 01:54:23.120] Okay. [01:54:23.120 --> 01:54:24.120] All right. [01:54:24.120 --> 01:54:26.120] I appreciate that. [01:54:26.120 --> 01:54:31.120] Next question, and well, either one can answer, but I think this may be more for Eddie. [01:54:31.120 --> 01:54:37.120] You'd mentioned three questions to ask the officer, and I'm ready to write these down this time, [01:54:37.120 --> 01:54:43.120] the last time, was fighting a ticket on the right to travel for an expired tag. [01:54:43.120 --> 01:54:47.120] And you said that they presume, which I don't think they should be able to do. [01:54:47.120 --> 01:54:51.120] But anyway, you said the court presumes that you're already in commerce. [01:54:51.120 --> 01:54:53.120] They operate on a presumption of law. [01:54:53.120 --> 01:54:54.120] That is correct. [01:54:54.120 --> 01:54:55.120] Okay. [01:54:55.120 --> 01:55:00.120] And there were three questions you said you'd ask the officer to deny that. [01:55:00.120 --> 01:55:02.120] There's three questions. [01:55:02.120 --> 01:55:03.120] There's one comment. [01:55:03.120 --> 01:55:05.120] There's three actions. [01:55:05.120 --> 01:55:12.120] The three questions are, what is the emergency and how can I help? [01:55:12.120 --> 01:55:16.120] Am I under arrest? [01:55:16.120 --> 01:55:19.120] Am I free to go? [01:55:19.120 --> 01:55:26.120] The comment is, do you acknowledge for the record that I have informed you I am not engaging [01:55:26.120 --> 01:55:32.120] in transportation or commercial use of the highway? [01:55:32.120 --> 01:55:37.120] Then you have actions four or five, six and seven. [01:55:37.120 --> 01:55:38.120] Shut up. [01:55:38.120 --> 01:55:42.120] Keep shutting up and shut up some more. [01:55:42.120 --> 01:55:43.120] Wait a minute. [01:55:43.120 --> 01:55:47.120] I've got three different questions to ask. [01:55:47.120 --> 01:55:52.120] Is your wife as fat as you said she was? [01:55:52.120 --> 01:55:58.120] Does your, what size combat boots does your mother wear and just how stupid are you? [01:55:58.120 --> 01:56:01.120] I like that one. [01:56:01.120 --> 01:56:03.120] That's pretty good. [01:56:03.120 --> 01:56:12.120] Now the main one there, Eddie was, you tell him or you ask him, do you have any proof that [01:56:12.120 --> 01:56:13.120] I'm driving commerce? [01:56:13.120 --> 01:56:15.120] How did you word that? [01:56:15.120 --> 01:56:21.120] Do you acknowledge for the record that I am informing you that I am not engaging in [01:56:21.120 --> 01:56:26.120] transportation or any type of commercial use of the highway? [01:56:26.120 --> 01:56:27.120] Okay. [01:56:27.120 --> 01:56:33.120] You want to get him on his own recording saying that yes, he was informed of that. [01:56:33.120 --> 01:56:36.120] Do you do that on the side of the road when he stops you? [01:56:36.120 --> 01:56:37.120] Absolutely. [01:56:37.120 --> 01:56:38.120] Okay. [01:56:38.120 --> 01:56:39.120] Okay. [01:56:39.120 --> 01:56:45.120] If you, if you have that DOT number on the back of your vehicle, you're asking like I [01:56:45.120 --> 01:56:50.120] did, did you see that DOT number on the back of my vehicle? [01:56:50.120 --> 01:56:51.120] Right. [01:56:51.120 --> 01:56:52.120] Okay. [01:56:52.120 --> 01:56:55.120] That, that goes to the same point. [01:56:55.120 --> 01:56:59.120] That is constructive notice. [01:56:59.120 --> 01:57:00.120] Got it. [01:57:00.120 --> 01:57:01.120] Okay. [01:57:01.120 --> 01:57:03.120] I appreciate that guys. [01:57:03.120 --> 01:57:06.120] I'll let the next caller get on here. [01:57:06.120 --> 01:57:07.120] I appreciate your help. [01:57:07.120 --> 01:57:09.120] All right. [01:57:09.120 --> 01:57:10.120] Thanks for calling. [01:57:10.120 --> 01:57:12.120] Have a good night. [01:57:12.120 --> 01:57:13.120] All right. [01:57:13.120 --> 01:57:15.120] This is going to take us to Fred in California. [01:57:15.120 --> 01:57:18.120] Fred, you have less than a minute. [01:57:18.120 --> 01:57:19.120] Okay. [01:57:19.120 --> 01:57:22.120] Tell me what jurisdiction looks like. [01:57:22.120 --> 01:57:24.120] In other words, if you are. [01:57:24.120 --> 01:57:26.120] It's blue and purple spots. [01:57:26.120 --> 01:57:27.120] Oh, okay. [01:57:27.120 --> 01:57:29.120] Green spots, green spots. [01:57:29.120 --> 01:57:30.120] Green? [01:57:30.120 --> 01:57:32.120] No, that's municipal jurisdiction. [01:57:32.120 --> 01:57:33.120] Okay. [01:57:33.120 --> 01:57:43.120] Yeah. I mean, if you've challenged jurisdiction because of lack of due process, because the [01:57:43.120 --> 01:57:48.120] agency did not give you an administrative hearing, what is it going to look like when [01:57:48.120 --> 01:57:50.120] they prove it? [01:57:50.120 --> 01:57:52.120] Well, they're, you know, they proved it. [01:57:52.120 --> 01:57:53.120] Okay. [01:57:53.120 --> 01:57:57.120] First off, you got to make sure that it's an administrative proceeding that you were [01:57:57.120 --> 01:57:58.120] supposed to be going to. [01:57:58.120 --> 01:58:05.120] You had to have challenged that up front through failure to exhaust all administrative remedies. [01:58:05.120 --> 01:58:09.120] But you've got to be able to ground that in the statute that makes the action on their [01:58:09.120 --> 01:58:11.120] part administrative. [01:58:11.120 --> 01:58:13.120] Yeah. [01:58:13.120 --> 01:58:19.120] And what it would show is it would show that there was a review by the administrative hearing [01:58:19.120 --> 01:58:25.120] officer issuing an order, thus allowing you to judicially appeal. [01:58:25.120 --> 01:58:28.120] That would be the jurisdictional proof. [01:58:28.120 --> 01:58:29.120] Okay. [01:58:29.120 --> 01:58:33.120] Well, I mean, if the judge just says that your motion is... [01:58:33.120 --> 01:58:34.120] Okay, Fred, we're out of time. [01:58:34.120 --> 01:58:35.120] Sorry. [01:58:35.120 --> 01:58:36.120] Give us a call back Monday. [01:58:36.120 --> 01:58:37.120] We'll try it from there. [01:58:37.120 --> 01:58:42.120] Folks, this has been Rule of Law Radio, The Friday Night 4-Hour Marathon Show. [01:58:42.120 --> 01:58:43.120] Thanks for listening. [01:58:43.120 --> 01:58:48.120] God bless, and we will see you Monday night. [01:58:48.120 --> 01:58:50.120] Here you come. 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