[00:00.000 --> 00:06.760]  This is the Liberty Beat, your daily source for Liberty news and activist updates online
[00:06.760 --> 00:07.760]  at thelibertybeat.com.
[00:07.760 --> 00:13.160]  I'm Brian Hagan reporting for the Liberty Beat on Friday, December 6th, 2013.
[00:13.160 --> 00:20.960]  Gold trading at $1,216, silver at $19.24, and bitcoin at $963.48.
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[00:41.880 --> 00:46.800]  Money for Nothing, Inside the Federal Reserve, is a new documentary focused on the failures
[00:46.800 --> 00:48.020]  of the central bank.
[00:48.020 --> 00:52.520]  Created by a team of AFI, Sundance, and Academy Award winners, the film is currently in theatrical
[00:52.520 --> 00:56.120]  limited release, and will screen in Austin, Texas next Tuesday evening.
[00:56.120 --> 01:00.760]  Jim Bruce is a producer, director, writer, and editor, who worked to bring numerous experts
[01:00.760 --> 01:04.040]  in front of the camera, including current and former Fed officials.
[01:04.040 --> 01:07.640]  What we really wanted to do was to have the insider's perspective.
[01:07.640 --> 01:11.520]  I think one of the things that will surprise audiences is how critical current and former
[01:11.520 --> 01:15.200]  officials at the Fed are of Fed policies in recent years.
[01:15.200 --> 01:19.640]  That was a way to really strengthen our argument that not everybody feels that the Fed really
[01:19.640 --> 01:21.200]  hasn't made too many mistakes lately.
[01:21.200 --> 01:25.600]  There are people in the system and leading the system that feel like the Fed has done
[01:25.600 --> 01:26.920]  a really bad job.
[01:26.920 --> 01:31.400]  Money for Nothing, Inside the Federal Reserve, will be screened Tuesday evening at 6.30 at
[01:31.400 --> 01:33.000]  Austin's Marquesa Hall in Vienna.
[01:33.000 --> 01:36.840]  We were very lucky to line up with Schreiber to marry the film.
[01:36.840 --> 01:42.640]  We'll continue our conversation with Jim Bruce on Monday's edition of the Liberty Beat.
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[02:53.120 --> 02:57.400]  This is the Liberty Beat for Friday, December 6th, 2013.
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[03:52.960 --> 04:00.360]  This is the Liberty Beat for Friday, December 6th, 2013.
[04:00.360 --> 04:11.160]  Check out the website at thelibertybeat.com.
[04:11.160 --> 04:17.960]  But tonight, we're going to start out talking about a Rule 12 motion to dismiss.
[04:17.960 --> 04:21.280]  And Joe had some issues he wanted to address about it.
[04:21.280 --> 04:23.280]  Joe, you want to pick that up?
[04:23.280 --> 04:24.280]  Yes.
[04:24.280 --> 04:33.240]  One of the things I noticed lately was a lot of, let's talk specifically nonjudicial, let's
[04:33.240 --> 04:39.600]  talk about California or Arizona.
[04:39.600 --> 04:49.540]  And the feedback I've been getting is that a party is filing a claim into state court.
[04:49.540 --> 04:53.800]  It gets remanded into federal court.
[04:53.800 --> 05:01.560]  And then the judge rules on a 12b6 stating that they have no cause of action.
[05:01.560 --> 05:10.120]  And what I'm seeing a lot of times is that at that time, the homeowner or the foreclosed
[05:10.120 --> 05:13.640]  party is stuck in a dilemma.
[05:13.640 --> 05:15.600]  They don't know what to do.
[05:15.600 --> 05:16.600]  Okay.
[05:16.600 --> 05:25.440]  We've done, probably helped people do around 700 federal lawsuits.
[05:25.440 --> 05:33.160]  And in almost every single one, I believe there are three that I remember, we did not
[05:33.160 --> 05:38.680]  get a Rule 12 motion to dismiss for failure to state a claim which can be had.
[05:38.680 --> 05:48.920]  Since the Ashcroft-Tomley decision, in that decision, the courts maintained that it was
[05:48.920 --> 05:56.400]  not their intention to raise the pleading standards.
[05:56.400 --> 06:01.840]  Well that might not have been their intent, but in fact what they did was raise the pleading
[06:01.840 --> 06:11.440]  standards so incredibly high that no matter what you file as a complaint in a federal
[06:11.440 --> 06:18.000]  court, you're going to get a Rule 12 motion to dismiss for failure to state a claim.
[06:18.000 --> 06:20.720]  It's just knee-jerk.
[06:20.720 --> 06:28.960]  And the courts, especially if you file pro se, will not only hold you to a higher standard,
[06:28.960 --> 06:33.520]  they will hold you to a virtually impossible standard.
[06:33.520 --> 06:38.800]  They will expect you to completely adjudicate your case in the complaint or they'll throw
[06:38.800 --> 06:41.200]  it out for failure to state a claim.
[06:41.200 --> 06:48.800]  Then if you file your complaint and fully state your claim and include all the evidence
[06:48.800 --> 06:57.160]  and all your arguments, then you'll get a motion to dismiss under Rule 8 for failure
[06:57.160 --> 07:01.080]  to concisely state your claim.
[07:01.080 --> 07:05.560]  The courts created a horrible mess for themselves.
[07:05.560 --> 07:10.120]  And now they're whining and complaining because they have so many cases that they're having
[07:10.120 --> 07:13.880]  to deal with, well they created this mess.
[07:13.880 --> 07:17.800]  But in any case, you'll always get a Rule 12.
[07:17.800 --> 07:27.600]  And with your statement, filing in a state court, I have case law that says if you have
[07:27.600 --> 07:37.840]  a filing in a state court and a party petitions to remove to the federal, then petitions for
[07:37.840 --> 07:44.960]  a motion to dismiss, that's a frivolous pleading and it calls for sanctions.
[07:44.960 --> 07:47.920]  This is exactly what they do.
[07:47.920 --> 07:53.520]  But if you pro se, the courts don't care what their own decisions are.
[07:53.520 --> 08:02.240]  They will almost every time out of hand dismiss your case.
[08:02.240 --> 08:11.920]  So a strategy we developed to deal with that is that we filed this one page suit, or actually
[08:11.920 --> 08:17.280]  four pages, it's just one issue.
[08:17.280 --> 08:19.280]  We say, who are you?
[08:19.280 --> 08:21.480]  I don't know who you are.
[08:21.480 --> 08:30.800]  You sent me this demand that I pay you, render to you funds in United States dollars.
[08:30.800 --> 08:39.760]  And under the Uniform Commercial Code 3-501, if I demand that you produce the original
[08:39.760 --> 08:49.280]  instrument to which you allege I am an obligated debtor, then you must produce that instrument
[08:49.280 --> 08:50.520]  for examination.
[08:50.520 --> 08:58.060]  You don't have to give it to me, but you got to hold it where I can see it.
[08:58.060 --> 09:02.440]  If you don't do that, I may cease all payment without dishonor.
[09:02.440 --> 09:11.440]  And in the same letter, we further dispute all debt under 15 USC 1692-G, Fair Debt Collections
[09:11.440 --> 09:13.000]  Practices Act.
[09:13.000 --> 09:24.480]  And here they will allege that they're trying to recover collateral, that they don't fall
[09:24.480 --> 09:36.720]  under FDCPA 1692-G, because that was intended, there's a specific exclusion for those recovering
[09:36.720 --> 09:37.720]  collateral.
[09:37.720 --> 09:41.640]  They claim they're like a tow truck driver.
[09:41.640 --> 09:46.400]  The tow truck driver don't care about new pay and the debt.
[09:46.400 --> 09:52.160]  He's just there to recover the collateral, and the lawyers are maintaining that in a
[09:52.160 --> 09:57.440]  foreclosure action, they're just there to recover collateral.
[09:57.440 --> 10:03.080]  About half of the circuits have ruled that they're just tow truck drivers, and half have
[10:03.080 --> 10:05.320]  ruled they're debt collectors.
[10:05.320 --> 10:09.080]  So the courts are split on that one.
[10:09.080 --> 10:16.600]  But since we get the Rule 12 on every single filing, what we've done, that's why we've
[10:16.600 --> 10:24.560]  focused the suit down in our original pleading to a single issue.
[10:24.560 --> 10:29.360]  It's kind of a bushwhack technique.
[10:29.360 --> 10:39.480]  So we file just to demand that the person who is, oh, no, let me back up one step.
[10:39.480 --> 10:46.920]  I reference the Uniform Commercial Code, but the Uniform Commercial Code has been adopted
[10:46.920 --> 10:54.160]  by, in total, by I think all but three states, and that may not even be correct.
[10:54.160 --> 10:58.080]  Joe, do you know if all of the states have adopted Uniform Commercial Code?
[10:58.080 --> 11:03.920]  They've adapted some type of format, just depends on the state.
[11:03.920 --> 11:10.200]  The codes are almost the same, and mostly they maintain the numbering structure.
[11:10.200 --> 11:14.880]  Like some states have put a couple numbers in front of them, depending on how they number
[11:14.880 --> 11:15.880]  the codes.
[11:15.880 --> 11:19.960]  But for the most part, the number codes we use would be pretty close to the same.
[11:19.960 --> 11:28.760]  If not, you should be able to find a reference that will, what do you call it, where you
[11:28.760 --> 11:32.260]  can take the federal code and...
[11:32.260 --> 11:34.880]  And transpose it to your state's equivalent.
[11:34.880 --> 11:35.880]  To state.
[11:35.880 --> 11:37.600]  So you'll be able to find the right designation.
[11:37.600 --> 11:43.600]  But I've never had an objection to me asserting the UCC.
[11:43.600 --> 11:49.880]  I just call it UCC, and I've never had any lawyers gripe about that, because if they
[11:49.880 --> 11:58.880]  go before the court and say, I called it UCC instead of 78 3-501, the courts get really
[11:58.880 --> 12:01.040]  irritated over the picket kind of stuff.
[12:01.040 --> 12:03.040]  Anyway, nothing UCC.
[12:03.040 --> 12:05.320]  It's pretty well consistent.
[12:05.320 --> 12:13.160]  So with Uniform Commercial Code and the Fair Debt Collections Practices Act, we start with
[12:13.160 --> 12:16.640]  the very first thing.
[12:16.640 --> 12:25.320]  This goes to the presumption that you never stipulate to anything.
[12:25.320 --> 12:29.240]  What do you really know?
[12:29.240 --> 12:37.360]  What you know is, is you got a letter from this entity, and this entity makes these claims.
[12:37.360 --> 12:42.360]  Well, you know you got the letter from this entity, but you don't know if the claims he
[12:42.360 --> 12:45.120]  made are true.
[12:45.120 --> 12:55.160]  And if a party makes a claim and you dispute the claim, you don't have to disprove it.
[12:55.160 --> 13:01.680]  The other party is the one that has to prove up the claims he makes.
[13:01.680 --> 13:08.600]  So first crack out of the hat, we do not stipulate to anything, you made these claims, prove
[13:08.600 --> 13:11.400]  up who you are.
[13:11.400 --> 13:21.920]  And they will file a response to the Rule 12, they'll send the deed of trust and the
[13:21.920 --> 13:26.200]  promissory note, copies of the deed of trust, promissory note, a little bunch of stuff,
[13:26.200 --> 13:30.760]  and make these arguments as just a no good, dirty, rotten, deadbeat, trying to get out
[13:30.760 --> 13:33.840]  of paying a mortgage.
[13:33.840 --> 13:43.520]  We come back with a motion to strike as frivolous because the motion does not address the issue
[13:43.520 --> 13:44.520]  before the court.
[13:44.520 --> 13:50.920]  There's only one issue before the court, and that's of agency of the agent to represent
[13:50.920 --> 13:57.840]  a principal who has agency and, I'm sorry, who has standing and capacity.
[13:57.840 --> 14:06.040]  And this is the reason we had to believe that this entity did not have agency to represent
[14:06.040 --> 14:12.960]  a principal who had standing and the legal capacity to prosecute the claim.
[14:12.960 --> 14:18.840]  And then we put in a full evaluation of the documentation.
[14:18.840 --> 14:23.040]  We believe he doesn't have agency for this reason, for this reason, for this reason,
[14:23.040 --> 14:24.040]  for this reason.
[14:24.040 --> 14:27.560]  They do about 30, 40 pages of that stuff.
[14:27.560 --> 14:35.560]  And I've gotten responses back that clearly the lawyers say, you dirty, rotten, scoundrel,
[14:35.560 --> 14:39.640]  you bushwhacked us, and yeah, we did.
[14:39.640 --> 14:43.240]  This is the defense to Rule 12.
[14:43.240 --> 14:49.360]  You're always going to get a Rule 12 motion for failure to state a claim.
[14:49.360 --> 14:50.360]  So in the-
[14:50.360 --> 14:55.480]  Do you file a claim or a clause of action?
[14:55.480 --> 14:58.000]  Don't matter what you file.
[14:58.000 --> 14:59.000]  This is knee-jerk.
[14:59.000 --> 15:03.880]  They're going to do this out of hand, and I'm suggesting if you have filed in a state
[15:03.880 --> 15:11.480]  court, what we get is filing in a state court, the other side removes to the federal court
[15:11.480 --> 15:20.120]  and then objects that the filing is insufficient for filing in a state, in a federal court.
[15:20.120 --> 15:25.360]  That is a frivolous pleading should get a bar grievance and a motion for sanctions and
[15:25.360 --> 15:28.520]  a motion to strike.
[15:28.520 --> 15:36.840]  As if the document was sufficient for filing in the state court, it doesn't need to be
[15:36.840 --> 15:38.880]  sufficient for the federal courts.
[15:38.880 --> 15:46.600]  The court has to accept it anyway, because the plaintiff who made the filing made a proper
[15:46.600 --> 15:53.460]  filing in the venue in which they filed, and then we get the Shashter lawyers petition
[15:53.460 --> 15:59.300]  to remove and then complain that the filing does not meet the federal standard.
[15:59.300 --> 16:04.240]  That should get a motion for sanctions immediately, and always a bar grievance.
[16:04.240 --> 16:09.880]  Anytime a lawyer files a document you don't like, give it a file a bar grievance, because
[16:09.880 --> 16:12.400]  this is churning.
[16:12.400 --> 16:17.200]  The lawyers are simply churning the case.
[16:17.200 --> 16:24.880]  When they know they have no standing to file the pleadings, especially if you're pro se,
[16:24.880 --> 16:26.200]  they file these anyway.
[16:26.200 --> 16:29.080]  If you have a lawyer, they file these.
[16:29.080 --> 16:35.920]  Generally, your lawyer doesn't mind, because he gets to build more.
[16:35.920 --> 16:40.800]  This is about the two lawyers seeing how much money they can extract from their clients
[16:40.800 --> 16:44.520]  before they actually adjudicate the case.
[16:44.520 --> 16:51.440]  Hang on, this is Randy Kelton, David Stevens, Joe Esquivel, Rue of La Radio, Troy, Johnny,
[16:51.440 --> 16:53.200]  I see you there.
[16:53.200 --> 17:00.760]  We will be taking calls soon after this dissertation, we'll be right back.
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[18:49.920 --> 18:59.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
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[19:00.000 --> 19:12.000]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:12.000 --> 19:40.920]  Thank you Justice, yeah, whoa, the world is spinning like it's out of control on the
[19:40.920 --> 19:47.920]  edge of a hole inside a deep dark hole, I'm always on the lookout for something to soothe
[19:47.920 --> 20:03.920]  my soul, so I sit back and I watch the evidence unfold, and I see justice is the goal, yeah,
[20:03.920 --> 20:14.760]  justice is the goal, and I can fell a little too far at sea, and then we got to get back
[20:14.760 --> 20:19.720]  on course quickly, and we go under heavy advisory, and the wind came away.
[20:19.720 --> 20:20.720]  Okay, we are back.
[20:20.720 --> 20:28.720]  Randy Kelton, Joe Esquivel, Rule of Law Radio, and we're talking about the rule 12 motion
[20:28.720 --> 20:31.680]  that you're going to get no matter what you do.
[20:31.680 --> 20:37.680]  It's kind of important that people understand how all of this works.
[20:37.680 --> 20:46.440]  It doesn't work the way they show it on TV, where you get two lawyers here, and they put
[20:46.440 --> 20:49.680]  on their boxing gloves, and they duke it out with each other.
[20:49.680 --> 20:53.440]  Now, it just doesn't work that way.
[20:53.440 --> 21:02.520]  Holding a case with a lawyer is kind of like playing a game of three-sided chess, and when
[21:02.520 --> 21:08.680]  you go into an issue, you think it's you the plaintiff against the defendant, or it's no
[21:08.680 --> 21:09.680]  such thing.
[21:09.680 --> 21:19.400]  It's you the plaintiff against your lawyer and against their lawyer, because the lawyers
[21:19.400 --> 21:27.520]  are professionals, they have to go into court with these same people over and over.
[21:27.520 --> 21:30.720]  They get to know one another, they get to know the judges.
[21:30.720 --> 21:37.360]  The lawyer is in business to make money, he's not in business to adjudicate your case as
[21:37.360 --> 21:42.000]  quickly and efficiently and cheaply as possible.
[21:42.000 --> 21:49.160]  So when you want to get a case, the two lawyers will both look at their clients and attempt
[21:49.160 --> 21:59.240]  to evaluate the client in terms of how much of the client's funds can I extract in the
[21:59.240 --> 22:07.880]  process of adjudicating this case before the client has a fit and comes after me for malpractice.
[22:07.880 --> 22:10.800]  Both sides do this, both lawyers do the same thing.
[22:10.800 --> 22:16.720]  So you're playing a three-sided chess board here, and in a three-sided chess board, it's
[22:16.720 --> 22:21.000]  all about alliances.
[22:21.000 --> 22:28.040]  You have an alliance with your lawyer, and your lawyer has an alliance with the other
[22:28.040 --> 22:30.320]  lawyer.
[22:30.320 --> 22:36.000]  So if you're going to win your case, you have to understand these alliances, and the first
[22:36.000 --> 22:43.240]  thing you want to do is you want to break the alliance between your lawyer and the other
[22:43.240 --> 22:44.240]  lawyer.
[22:44.240 --> 22:50.840]  The best way to do that is to bar-grieve the crap out of that other lawyer.
[22:50.840 --> 22:55.840]  It's all about the money, and the lawyer on the other side, when you grieve him, he is
[22:55.840 --> 23:03.040]  going to get real excited, and then your lawyer is going to come to you and try to get you
[23:03.040 --> 23:10.640]  to stop grieving that other lawyer, because the last thing he wants is the other lawyer's
[23:10.640 --> 23:13.400]  client to start grieving him.
[23:13.400 --> 23:14.640]  It's all about the money.
[23:14.640 --> 23:18.400]  One grievance is double his malpractice insurance, so this really scares him.
[23:18.400 --> 23:26.160]  So you grieve the other lawyer, or you force your lawyer to file issues.
[23:26.160 --> 23:30.200]  The other lawyer is not going to want to address.
[23:30.200 --> 23:38.880]  If you get a Rule 12 motion to dismiss this way, it's your standard 12b6 motion.
[23:38.880 --> 23:41.400]  Almost always, they're frivolous.
[23:41.400 --> 23:45.120]  Your lawyers file the 12b6 as a matter of course.
[23:45.120 --> 23:52.200]  Now your lawyer is not going to raise an objection, because he gets to bill you for filing the
[23:52.200 --> 23:54.760]  response to the 12b6.
[23:54.760 --> 23:57.760]  These guys are doing a dance for their clients.
[23:57.760 --> 24:03.080]  This is all song and dance itself, so down your pants.
[24:03.080 --> 24:13.800]  So when the lawyer files the 12b6, if you have framed at least one well-pleaded cause
[24:13.800 --> 24:19.200]  of action, the Rule 12 motion to dismiss is frivolous.
[24:19.200 --> 24:29.520]  If you have filed a well-pleaded action in a state court, and the defendant removes to
[24:29.520 --> 24:35.000]  the federal court for the purpose of filing the 12b6 motion, the courts have called that
[24:35.000 --> 24:37.240]  frivolous.
[24:37.240 --> 24:44.520]  So a removal, a motion to dismiss, and the best ones we get, they remove, they move,
[24:44.520 --> 24:50.920]  and then they file a motion to dismiss because the filing does not meet the federal standards.
[24:50.920 --> 24:53.720]  That is frivolous on its face.
[24:53.720 --> 24:59.880]  If it met the state standards, it does not have to meet federal standards, because it
[24:59.880 --> 25:03.640]  was not intended to be pledged in the Fed.
[25:03.640 --> 25:11.360]  So at best, they could petition for an amended pleading, but they always petition to dismiss
[25:11.360 --> 25:14.240]  for failure of state of claim.
[25:14.240 --> 25:19.400]  That should immediately get a bar grievance against the counsel on the other side, and
[25:19.400 --> 25:25.360]  you go to your lawyer and insist that he file a motion for sanctions.
[25:25.360 --> 25:32.960]  Now, your lawyer is not going to want to do that, and this is kind of hard sometimes because
[25:32.960 --> 25:40.520]  your lawyer's, first thing they want to do is convince you that they're your buddy.
[25:40.520 --> 25:41.520]  They're good guys.
[25:41.520 --> 25:46.080]  They want you to like him because they're not going to want you to come after him for
[25:46.080 --> 25:49.760]  the shenanigans that he pulls.
[25:49.760 --> 25:56.320]  If you find out about the shenanigans, they want you to think that the lawyer knows something
[25:56.320 --> 26:00.000]  you don't, and he has a good reason for doing all this.
[26:00.000 --> 26:04.240]  Yeah, he does have a good reason, but it's not necessarily reasons that are important
[26:04.240 --> 26:05.240]  to you.
[26:05.240 --> 26:11.120]  They're reasons that are important to him because he wants to make more money from you.
[26:11.120 --> 26:18.920]  So I suggest that you don't worry too much about being your lawyer's buddy.
[26:18.920 --> 26:24.280]  That if your lawyer fails to adequately adjudicate your case, you let the lawyer know.
[26:24.280 --> 26:30.480]  You know, Bubba, you can either do your job and adequately adjudicate this case with no
[26:30.480 --> 26:37.200]  churning of the case, or if I don't win everything I should have won, when I'm done here, I'll
[26:37.200 --> 26:39.720]  sue you for whatever you don't win me.
[26:39.720 --> 26:44.560]  And immediately, he's going to want to file a motion to withdraw.
[26:44.560 --> 26:50.080]  You file an objection to the motion to withdraw and let him know that if you withdraw from
[26:50.080 --> 26:54.200]  this case, I'll sue you for that.
[26:54.200 --> 26:56.480]  Now you've broken up these alliances.
[26:56.480 --> 27:01.400]  Now you've got this lawyer in a position to where he has an unruly client.
[27:01.400 --> 27:06.720]  He has a client who's not going to let him churn the case until he drains every dime
[27:06.720 --> 27:08.200]  he can out of you.
[27:08.200 --> 27:14.760]  And then for the most part, because he didn't aggressively adjudicate the case, he winds
[27:14.760 --> 27:20.360]  up with no claims to win the case with.
[27:20.360 --> 27:29.160]  And I have to talk to Ken Magnuson about this, but if you lose your case, you often have
[27:29.160 --> 27:31.720]  no grounds for malpractice.
[27:31.720 --> 27:36.480]  The courts have pretty well ruled that you can't sue your lawyer if you lose your case.
[27:36.480 --> 27:43.200]  And that seems absolutely backwards, but these are lawyers protecting themselves from suit.
[27:43.200 --> 27:45.160]  So we have tools to go after lawyers.
[27:45.160 --> 27:51.720]  This is all lawyers churning the cases, the 12b6.
[27:51.720 --> 27:59.240]  So what I suggest is you don't put everything in the original petition.
[27:59.240 --> 28:05.720]  Just put enough so that you have one well pleaded cause of action.
[28:05.720 --> 28:11.480]  And when they file, then all of that information you would have put in to prevent them from
[28:11.480 --> 28:19.720]  filing the 12b6, you put that in in the opposition to the 12b6.
[28:19.720 --> 28:26.520]  If you put it all in the original pleading, he'll come up with arguments against it in
[28:26.520 --> 28:29.600]  his motion.
[28:29.600 --> 28:41.080]  But if he didn't know to do that in his motion, then he can't bring those issues up in his
[28:41.080 --> 28:46.880]  response answer to your opposition to the rule 12.
[28:46.880 --> 28:50.040]  You've kind of bushwhacked him.
[28:50.040 --> 28:56.920]  You laid out one issue, you've gotten him to come in and do the rule 12 on that one
[28:56.920 --> 29:04.160]  issue, and then you show all of your supporting issues to support why you didn't believe he
[29:04.160 --> 29:06.840]  had authority to do what he did.
[29:06.840 --> 29:10.280]  And that's generally a good first one to go for.
[29:10.280 --> 29:13.520]  Does that make sense, Joe?
[29:13.520 --> 29:18.240]  Yes, I'm having a clear picture.
[29:18.240 --> 29:21.840]  So it's not what was to be done.
[29:21.840 --> 29:27.000]  It's what the courts are doing the minute you walk in as a, let's just say, as a pro
[29:27.000 --> 29:28.000]  se.
[29:28.000 --> 29:33.720]  And you're thinking that you have a valid cause of action in the federal courts, and
[29:33.720 --> 29:35.720]  they're just looking the other way.
[29:35.720 --> 29:37.760]  It just appears that way.
[29:37.760 --> 29:41.960]  And especially if you're pro se, you think, oh, my goodness, I've done something wrong.
[29:41.960 --> 29:43.960]  Now you haven't.
[29:43.960 --> 29:47.240]  This is how all of them do it every single time.
[29:47.240 --> 29:50.320]  So if you get a rule 12, don't get excited.
[29:50.320 --> 29:52.760]  There's a whole lot you could do once you get it.
[29:52.760 --> 30:01.800]  Randy Caltin, Debra Stevens, Joe Esquivel, who was our radio, or call in number 512-646-1984.
[30:01.800 --> 30:02.800]  All aboard.
[30:02.800 --> 30:07.600]  When mold spread through the dorms of St. Mary's College in Maryland, the school relocated
[30:07.600 --> 30:09.600]  its students to a cruise ship.
[30:09.600 --> 30:15.000]  And Dr. Catherine Albrecht with an ocean tale of kids sailing through college next.
[30:15.000 --> 30:20.280]  Your search engine is watching you, recording all your searches and creating a massive database
[30:20.280 --> 30:22.040]  of your personal information.
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[30:32.640 --> 30:34.920]  cookies, and they're third-party certified.
[30:34.920 --> 30:39.400]  If you don't like big brother spying on you, start over with Startpage.
[30:39.400 --> 30:42.240]  Great search results and total privacy.
[30:42.240 --> 30:45.080]  Startpage.com, the world's most private search engine.
[30:45.080 --> 30:50.120]  After tropical storm Irene swept through Maryland, mold spread like wildfire through
[30:50.120 --> 30:52.280]  the dorms of St. Mary's College.
[30:52.280 --> 30:55.040]  250 students had to be relocated.
[30:55.040 --> 30:56.040]  But where?
[30:56.040 --> 30:57.040]  Hotels?
[30:57.040 --> 30:59.560]  Well, that cost a fortune, 20,000 a day.
[30:59.560 --> 31:02.280]  So St. Mary's President came up with a whale of an idea.
[31:02.280 --> 31:04.720]  How about putting the students up on a cruise ship?
[31:04.720 --> 31:09.640]  It just so happened the Sea Voyager cruise ship was on its way down from Maine.
[31:09.640 --> 31:14.120]  Would the owners mind docking in Maryland and turning their vessel into a floating dorm?
[31:14.120 --> 31:15.120]  No problem.
[31:15.120 --> 31:20.240]  So now the students are enjoying fine onboard dining, sweet-looking suites, and a breathtaking
[31:20.240 --> 31:21.760]  waterfront view.
[31:21.760 --> 31:23.200]  Talk about smooth sailing.
[31:23.200 --> 31:25.080]  I'm Dr. Catherine Albrecht.
[31:25.080 --> 31:30.720]  More news and information at CatherineAlbrecht.com.
[31:30.720 --> 31:36.080]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:36.080 --> 31:38.200]  The government says that fire brought it down.
[31:38.200 --> 31:42.920]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:42.920 --> 31:45.840]  Over 6,000 of my fellow service members have given their lives.
[31:45.840 --> 31:48.600]  And thousands of my fellow first responders are dying.
[31:48.600 --> 31:50.080]  I'm not a conspiracy theorist.
[31:50.080 --> 31:51.080]  I'm a structural engineer.
[31:51.080 --> 31:52.440]  I'm a New York City correction officer.
[31:52.440 --> 31:53.440]  I'm an Air Force pilot.
[31:53.440 --> 31:55.080]  I'm a father who lost his son.
[31:55.080 --> 31:57.720]  We're Americans, and we deserve the truth.
[31:57.720 --> 31:59.760]  Go to RememberBuilding7.org today.
[31:59.760 --> 32:05.080]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.080 --> 32:07.440]  In today's America, we live in an us-against-them society.
[32:07.440 --> 32:10.760]  And if we, the people, are ever going to have a free society, then we're going to have to
[32:10.760 --> 32:12.640]  stand and defend our own rights.
[32:12.640 --> 32:16.080]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.080 --> 32:20.120]  in our own private capacity, and most importantly, the right to due process of law.
[32:20.120 --> 32:23.960]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:23.960 --> 32:25.400]  our rights through due process.
[32:25.400 --> 32:29.320]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the
[32:29.320 --> 32:33.120]  most comprehensive teaching tool available that will help you understand what due process
[32:33.120 --> 32:35.200]  is and how to hold courts to the rule of law.
[32:35.200 --> 32:39.480]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[32:39.480 --> 32:40.800]  ordering your copy today.
[32:40.800 --> 32:44.160]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code,
[32:44.160 --> 32:48.560]  The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research
[32:48.560 --> 32:50.880]  documents, and other useful resource materials.
[32:50.880 --> 32:54.080]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:54.080 --> 33:00.040]  Order your copy today, and together we can have the free society we all want and deserve.
[33:00.040 --> 33:11.400]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:11.400 --> 33:34.760]  Yeah, I got a warrant, and I'm going to solve them, to the head government them, prosecute
[33:34.760 --> 33:35.760]  them.
[33:35.760 --> 33:36.760]  Okay.
[33:36.760 --> 33:53.200]  Hi, this is Joe Esquivel with Randy Kelton and Deborah Stevens for Law Radio, and Randy,
[33:53.200 --> 33:59.480]  we're going over the 12B6, actually we're going over the Rule 12 Rules of Civil Procedure,
[33:59.480 --> 34:10.040]  and one of the questions that I have is, what is a properly pled complaint?
[34:10.040 --> 34:14.240]  What is, what does this comprise of?
[34:14.240 --> 34:20.440]  Because I've seen a number of complaints, and some have memorandums, some have case
[34:20.440 --> 34:27.680]  laws, some have citations, so what would you consider a well-pled complaint?
[34:27.680 --> 34:37.040]  The complaint merely needs a brief statement, now this is out of Rule 8, it needs a brief
[34:37.040 --> 34:45.880]  statement of your claim, and unlike criminals, where in the criminal you go in and you plead
[34:45.880 --> 34:50.200]  a violation of a particular statute.
[34:50.200 --> 34:58.760]  In the said, I'm sorry, in the civil, it's similar in that instead of pleading a violation
[34:58.760 --> 35:04.120]  of a statute, you plead a cause of action.
[35:04.120 --> 35:13.720]  Cause of actions have pretty well been defined by the courts, due process is a cause of action,
[35:13.720 --> 35:23.640]  fraud is a real common cause of action, if anybody has a litigation guide, every state
[35:23.640 --> 35:28.800]  has a litigation guide of some type or other, you can always go to the legal libraries and
[35:28.800 --> 35:35.880]  find them, and look up causes of action, you'll have this whole list of them.
[35:35.880 --> 35:44.400]  These are similar to statutes in a criminal, these are the things you can plead, and say
[35:44.400 --> 35:59.760]  I plead as a cause of action, fraud by non-disclosure, I maintain that as a consumer, I exercised
[35:59.760 --> 36:10.320]  due diligence in that I was careful only to deal with licensed professionals, and in as
[36:10.320 --> 36:20.800]  much as licensed professionals are governed by governmental licensing agencies, I had
[36:20.800 --> 36:29.160]  a right to hold a reasonable expectation of good faith and fair dealings, and as such,
[36:29.160 --> 36:40.480]  I maintained that the lender gave voluntary disclosure of facts, but failed to give full
[36:40.480 --> 36:52.520]  disclosure, that the lender, that the borrower, that I, the petitioner, did not have equal
[36:52.520 --> 37:02.920]  access to the facts withheld, that I relied on the disclosure, had I had full disclosure
[37:02.920 --> 37:08.480]  or the facts not revealed, I would have made a different decision than the decision that
[37:08.480 --> 37:21.480]  I made, I made a decision based on the disclosure and was harmed thereby, anytime you look at
[37:21.480 --> 37:29.440]  causes of action, causes of action, just like criminal complaints will have elements, and
[37:29.440 --> 37:37.120]  fraud by non-disclosure, there must have been a voluntary disclosure, now if I've got a
[37:37.120 --> 37:44.920]  Kool-Aid stand, and you come and ask me how much is the Kool-Aid, and I tell you, you
[37:44.920 --> 37:53.520]  purchase Kool-Aid, and you take a drink of it, and it tastes like cow urine, you don't
[37:53.520 --> 38:02.280]  have a claim against me, because I don't have to tell you there was cow urine in it, because
[38:02.280 --> 38:08.880]  I didn't give you any disclosure of what was in it, now if I had said this is all organic,
[38:08.880 --> 38:15.160]  I would have probably got you anyway, if I had said, if I had given you disclosure about
[38:15.160 --> 38:23.520]  the nature of the lemonade, now I have invoked a duty on my part to give you full disclosure,
[38:23.520 --> 38:32.240]  so the lender comes to you and tells you that he's the lender, and he is going to help you
[38:32.240 --> 38:41.080]  purchase this house, and in fact, when you get to closing, it was a table-funded loan,
[38:41.080 --> 38:49.240]  and what that means is, the lender was a pretender lender, he held himself up as the lender,
[38:49.240 --> 38:57.560]  and he actively gave disclosure for the purpose of creating an understanding in your mind
[38:57.560 --> 39:04.480]  that he was the source of funds, Washington Mutual, perfect example, Washington Mutual
[39:04.480 --> 39:10.040]  come to the table as the lender, well it gives the impression that in order to secure the
[39:10.040 --> 39:15.240]  note, Washington Mutual would go to their Federal Reserve Fund, their fractional Federal
[39:15.240 --> 39:20.920]  Reserve Fund, and withdraw from the Federal Reserve the funds needed to purchase the warranty
[39:20.920 --> 39:29.440]  deed, which they trade to you for a note, and with the expectation that when the note's
[39:29.440 --> 39:38.680]  paid back, these monies would be given back to the Federal Reserve to replenish the reserve
[39:38.680 --> 39:44.200]  account, see the Federal Reserve creates these funds out of thin air, they just create them,
[39:44.200 --> 39:48.840]  they don't print dollars or anything, they just create the funds, and that's to keep
[39:48.840 --> 39:54.200]  up the velocity of money, when you pay it back, then it goes back to the thin air from
[39:54.200 --> 40:00.320]  which it came so it doesn't increase the volume of money circulated in the system.
[40:00.320 --> 40:07.280]  What was really going on was Washington Mutual was not going to their Federal Reserve Fund,
[40:07.280 --> 40:13.680]  they were getting these funds from the Mexican and Colombian drug cartels, they feed the
[40:13.680 --> 40:22.520]  money into the economy under the guise of these being Federal Funds, then when you pay
[40:22.520 --> 40:28.240]  it back, instead of going back to the Federal Reserve, they go to the drug cartels as laundered
[40:28.240 --> 40:34.000]  funds, biggest money laundering scheme in the history of mankind, that's why they were
[40:34.000 --> 40:35.000]  shut down.
[40:35.000 --> 40:44.280]  Well, you as a consumer, have you been given disclosure that Washington Mutual was in fact
[40:44.280 --> 40:51.480]  not the source of funding, that you were in fact not dealing with a licensed professional
[40:51.480 --> 41:00.600]  but an unlicensed, unidentified party, that had you known you were being induced into
[41:00.600 --> 41:06.120]  entering into a contract with the Mexican and Colombian drug cartels, you would have
[41:06.120 --> 41:12.000]  made a different decision than you actually made, but you couldn't determine that because
[41:12.000 --> 41:18.080]  you didn't have equal access to the information, based on the information you had, you made
[41:18.080 --> 41:20.640]  a decision and you were harmed thereby.
[41:20.640 --> 41:22.120]  Does that make sense Joe?
[41:22.120 --> 41:25.440]  Yes, it's making more and more sense.
[41:25.440 --> 41:30.800]  That was a, fraud is a little harder than most, the due process, all you have to show
[41:30.800 --> 41:36.160]  is a public official violating the law relating to his office, failing to perform the duties
[41:36.160 --> 41:40.760]  required to perform something, it's harm per se so you don't have to show harm, cause
[41:40.760 --> 41:46.640]  of action, look them up, you can't say this guy did this to me, he did that to me, the
[41:46.640 --> 41:48.240]  Larry Rodden scandal.
[41:48.240 --> 41:51.880]  Where would a homeowner go to find a cause of action?
[41:51.880 --> 41:55.560]  I'm building Bob and I'm in California.
[41:55.560 --> 42:06.000]  Go to the legal library and ask the librarian, what is the common most used litigation guide
[42:06.000 --> 42:07.000]  for this state?
[42:07.000 --> 42:13.240]  If you're in Texas, it's going to be O'Connor's, and O'Connor's is wonderful, these lawyers,
[42:13.240 --> 42:19.520]  they don't go out and write up motions and pleadings from scratch, they go to O'Connor's,
[42:19.520 --> 42:26.480]  O'Connor's has a book of forms, O'Connor's forms, I filled out one for a friend of mine
[42:26.480 --> 42:31.600]  and they graded him a temporary injunction, the lawyer came out and said, are you an attorney?
[42:31.600 --> 42:36.160]  He said, well, no, he looked at the plea, he said, this is really good.
[42:36.160 --> 42:42.200]  He came to me and told me that and I said, what the heck?
[42:42.200 --> 42:51.080]  I took that out of O'Connor's forms and filled in the blanks, but the judge got the plea that
[42:51.080 --> 42:58.680]  looked exactly like he expected it to look, had all the case law he expected to see.
[42:58.680 --> 43:02.840]  Look in your litigation guides, they got everything, all the motions, how to file the motions,
[43:02.840 --> 43:07.720]  when to file the motions, case law in support of the motions and the specific form.
[43:07.720 --> 43:10.640]  All the lawyers are going to be using that form.
[43:10.640 --> 43:12.440]  The judge is going to think a lawyer did it.
[43:12.440 --> 43:15.680]  Or are they going to find this case law yet again?
[43:15.680 --> 43:20.120]  The case law will be in the litigation guide.
[43:20.120 --> 43:24.280]  You get the litigation guide and you want to file a motion for amandamus, this is when
[43:24.280 --> 43:29.360]  you file amandamus, this is how you file amandamus, this is all the case law in support, this
[43:29.360 --> 43:32.800]  is how you argue against amandamus that has it all in there.
[43:32.800 --> 43:36.640]  That's what it's like about O'Connor's pleadings, it's got everything you need.
[43:36.640 --> 43:41.440]  All these litigation guides are like cliff notes.
[43:41.440 --> 43:43.400]  This is great Randy, thanks.
[43:43.400 --> 43:48.360]  Okay, hang on guys, we will get to your calls shortly, we've probably got one more segment
[43:48.360 --> 43:50.520]  of this and then we'll get to your calls.
[43:50.520 --> 43:58.040]  This is Randy Kelton, Joe Esquivel, Root of Law Radio, our call in number 512-646-1984,
[43:58.040 --> 44:00.560]  we'll be right back.
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[45:01.280 --> 45:04.440]  Are you the plaintiff or defendant in a lawsuit?
[45:04.440 --> 45:09.960]  Defend your case without an attorney with Jurisdictionary, the affordable, easy to understand,
[45:09.960 --> 45:15.040]  poor CD course that will show you how in 24 hours, step by step.
[45:15.040 --> 45:18.920]  If you have a lawyer, know what your lawyer should be doing.
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[46:15.200 --> 46:45.080]  Okay, we are back, Randy Kelton, Debra Stephens, Joe Esquivel, Rue LaRose, and I'm going to
[46:45.080 --> 46:46.080]  turn off our radio.
[46:46.080 --> 46:49.080]  We're having way too much fun on the break.
[46:49.080 --> 46:53.960]  Okay, where were we, Joe?
[46:53.960 --> 46:55.480]  We were talking about...
[46:55.480 --> 47:01.840]  We were talking about cause of action and the litigation guide and where best to find
[47:01.840 --> 47:03.840]  causes of action.
[47:03.840 --> 47:14.960]  Yeah, the best information we can give is find the litigation guides.
[47:14.960 --> 47:21.040]  Lawyers don't like writing pleadings they've never written before because a lawyer, if
[47:21.040 --> 47:28.200]  he fails to adequately adjudicate an issue, can get sanctioned, he can have all kind of
[47:28.200 --> 47:33.600]  bad things happen to him, get sued by his client, get sued by the other client.
[47:33.600 --> 47:41.040]  There's just all kind of bad stuff that can happen because lawyers are learned professionals.
[47:41.040 --> 47:43.280]  They're learning counsel.
[47:43.280 --> 47:48.760]  They are required to know even if they don't know squat.
[47:48.760 --> 47:52.520]  So they're reluctant to just write a pleading.
[47:52.520 --> 47:55.720]  Us proceeds, we get down there and just crank out a pleading.
[47:55.720 --> 47:56.720]  We don't care.
[47:56.720 --> 48:01.000]  Most part, we don't know any better, but lawyers do that careful.
[48:01.000 --> 48:10.560]  So every state has a litigation guide and if somebody tells the lawyer, I need you to
[48:10.560 --> 48:17.640]  force this, get the courts to force this guy to do what he's supposed to do, then the lawyer
[48:17.640 --> 48:24.200]  will go look up with a mandamus, ask the court to mandate to someone else that they do what
[48:24.200 --> 48:27.480]  the law requires him to do.
[48:27.480 --> 48:34.640]  And he'll pull out a blank form that will start out with your heading and it'll name
[48:34.640 --> 48:35.640]  parties.
[48:35.640 --> 48:43.400]  If it's an original pleading, there'll be parties, jurisdiction, venue.
[48:43.400 --> 48:47.600]  These things have to be in every case, no matter what it is.
[48:47.600 --> 48:50.680]  You have to show the court who the people involved are.
[48:50.680 --> 48:57.120]  You have to show the court why it has subject matter jurisdiction and why this particular
[48:57.120 --> 49:05.200]  court within this jurisdiction has venue over this issue.
[49:05.200 --> 49:11.520]  If you're in the northern corner of Tarrant County and you get a ticket outside of Fort
[49:11.520 --> 49:18.640]  Worth, the justice of the peace in the lower corner of Tarrant County, while he may have
[49:18.640 --> 49:23.040]  jurisdiction, he doesn't have venue.
[49:23.040 --> 49:29.400]  If you file a suit in the state court and say in a county court and the amount you ask
[49:29.400 --> 49:36.760]  for is above the amount this court can adjudicate, the court may have jurisdiction over this kind
[49:36.760 --> 49:43.040]  of case, but he doesn't have venue because the case is beyond what he can hear.
[49:43.040 --> 49:46.080]  So it has to go to a different venue, one that can hear it.
[49:46.080 --> 49:48.640]  Okay, enough of that.
[49:48.640 --> 49:59.240]  You file a case, jurisdiction, venue, and then you go to generally a brief statement
[49:59.240 --> 50:00.240]  of claim.
[50:00.240 --> 50:06.920]  This is what the case is about, generally, and then you name your causes of action.
[50:06.920 --> 50:15.520]  This is what he did to me that I can adjudicate, and you completely state the cause of action.
[50:15.520 --> 50:24.880]  You only have to assert sufficient facts to establish each element.
[50:24.880 --> 50:33.720]  The lender presented himself to me as so-and-so lender, and by said presentment, create an
[50:33.720 --> 50:40.760]  impression in my mind that the lender would be the source of funding for this transaction.
[50:40.760 --> 50:46.600]  The lender gave disclosure that he was the source of funding for this transaction.
[50:46.600 --> 50:52.040]  I have reason to believe and do believe, based on these facts, that the lender was not the
[50:52.040 --> 50:55.120]  source of funding for this transaction.
[50:55.120 --> 50:59.760]  I'm sorry, I got ahead of myself.
[50:59.760 --> 51:00.760]  Fraud.
[51:00.760 --> 51:06.920]  Let me ask you a quick, while you're writing the subject of fraud, would not they need
[51:06.920 --> 51:09.640]  to plead all five elements of fraud?
[51:09.640 --> 51:12.200]  Yes, every one of them.
[51:12.200 --> 51:24.880]  If you have not pled all five elements, now they have a legitimate argument that you failed
[51:24.880 --> 51:27.440]  to state a claim.
[51:27.440 --> 51:30.920]  My tang got tangled, okay?
[51:30.920 --> 51:42.280]  You have to plead all of the elements of the crime or you haven't sufficiently pled.
[51:42.280 --> 51:44.080]  Do you have O'Connor's open there?
[51:44.080 --> 51:45.080]  I do.
[51:45.080 --> 51:49.720]  Which one are you looking for?
[51:49.720 --> 51:50.720]  Okay.
[51:50.720 --> 51:56.760]  Steve, just pick a cause of action and read through the elements.
[51:56.760 --> 52:02.880]  Okay, come back to me, I'll have to find a good file in here.
[52:02.880 --> 52:08.000]  Well, I've got- How about inflection of bodily injury?
[52:08.000 --> 52:09.000]  4A1.
[52:09.000 --> 52:17.840]  Okay, go ahead with that and give the idea that this is how you plead a cause of action.
[52:17.840 --> 52:24.160]  I'm going to pull it up here.
[52:24.160 --> 52:27.560]  Here's 4B481.
[52:27.560 --> 52:30.680]  Open says me.
[52:30.680 --> 52:36.120]  Okay, from the top, you've got the style of the case.
[52:36.120 --> 52:41.800]  Naturally, it's going to be plaintiff, state plaintiff's name versus defendant on the other
[52:41.800 --> 52:43.840]  side of what court you're in.
[52:43.840 --> 52:50.160]  Plaintiff's original petition, this is the title, and it says, here's one of those wonderful
[52:50.160 --> 52:58.600]  little fill-in-the-blanks things, state additional relief requested, e.g., request for disclosure,
[52:58.600 --> 52:59.600]  whatever.
[52:59.600 --> 53:05.400]  That's O'Connor's forms, do you have O'Connor's causes of action?
[53:05.400 --> 53:12.000]  No, I do not have causes of- Yeah, well, hang on, hang on, that's what I'm getting this
[53:12.000 --> 53:13.000]  out of.
[53:13.000 --> 53:17.720]  I've got this from a file called O'Connor's Texas causes of action pleadings.
[53:17.720 --> 53:18.720]  That's the pleadings.
[53:18.720 --> 53:23.840]  O'Connor's pleadings are what you actually file.
[53:23.840 --> 53:31.200]  There's another one that's O'Connor's causes of action, and it explains each cause of action
[53:31.200 --> 53:35.000]  and what the elements of each cause of action are.
[53:35.000 --> 53:36.000]  This is really straightforward.
[53:36.000 --> 53:46.200]  If you think of a cause of action like a statute, if I accuse someone of robbery in a complaint
[53:46.200 --> 53:57.320]  or in a information, the information has to allege each element of the accusation of robbery.
[53:57.320 --> 54:02.800]  If every element's not there, the complaint is insufficient.
[54:02.800 --> 54:09.960]  If I plead a cause of action for fraud or fraud per se or fraud by nondisclosure, I
[54:09.960 --> 54:17.320]  have to plead each element of the cause of action, otherwise I'll get the Rule 12 motion
[54:17.320 --> 54:19.520]  for the state of claim.
[54:19.520 --> 54:24.200]  That's kind of outlined here in the subsections here of the pleading itself.
[54:24.200 --> 54:31.680]  You've got parties, jurisdiction, venue, facts, count one, infliction of bodily injury.
[54:31.680 --> 54:37.160]  You've got several different choices there, add paragraphs if you need, count two-
[54:37.160 --> 54:40.960]  It's a little hard to do... Okay, hold on.
[54:40.960 --> 54:45.480]  It's hard to do that from the pleading process.
[54:45.480 --> 54:54.520]  The pleading anticipates that you'll put in all of the elements of the cause of action.
[54:54.520 --> 55:00.520]  Every state is going to have a litigation guide, and anybody who's doing their own research,
[55:00.520 --> 55:09.640]  I suggest you call a few law firms, and tell them your son is doing a report for high school
[55:09.640 --> 55:19.520]  on law and legal research, and ask them what is the most commonly used litigation guide
[55:19.520 --> 55:27.320]  in this state, and then ask them, do you have any old copies that I could give for them
[55:27.320 --> 55:28.320]  to look at?
[55:28.320 --> 55:32.280]  Lawyers buy these things, and every year they come out, the lawyers buy new ones because
[55:32.280 --> 55:37.920]  they want to quote the most current law, and then you wind up with the old ones, and they
[55:37.920 --> 55:41.200]  don't want any of your lawyers using the old ones.
[55:41.200 --> 55:46.040]  The first woman I told to do this several years ago, she was in Amarillo, she said the
[55:46.040 --> 55:56.720]  second lawyer she talked to said, do you have a station wagon or a pickup truck?
[55:56.720 --> 56:02.760]  Unless these things build up in their closets, and there are a lot of heavy books, the lawyers
[56:02.760 --> 56:06.000]  are lazy, so they don't carry them out.
[56:06.000 --> 56:10.960]  Eddie Craig got a whole truckload of literature this way.
[56:10.960 --> 56:13.480]  Now, what process?
[56:13.480 --> 56:19.480]  He got a little library, he bought shelves that covered an entire wall when he was living
[56:19.480 --> 56:20.480]  here with us.
[56:20.480 --> 56:23.760]  The books that he got from that attorney was a library, literally.
[56:23.760 --> 56:30.120]  He bought three shelves that went from floor to ceiling, they're about four feet wide,
[56:30.120 --> 56:35.880]  and he stacked books too deep and filled every shelf, and had boxes left over.
[56:35.880 --> 56:36.880]  It works.
[56:36.880 --> 56:41.680]  Yeah, so you can find the information you need, and litigation guides, that's the only
[56:41.680 --> 56:42.680]  way to do it.
[56:42.680 --> 56:43.680]  Granted, we could go out-
[56:43.680 --> 56:47.840]  Yeah, it could cost you 300 bucks if you order them.
[56:47.840 --> 56:54.720]  We could go out and do our own research, but we would send the judge a pleading that he's
[56:54.720 --> 57:00.040]  never seen before, with case law he's never seen before.
[57:00.040 --> 57:05.600]  And then the lawyer comes here and gives him a pleading he's seen a hundred times.
[57:05.600 --> 57:15.700]  All the same case law, parties, the jurisdiction venue, all of this is exactly the way he expects
[57:15.700 --> 57:17.400]  to see it.
[57:17.400 --> 57:22.520]  Every element, as it's pled, is pled in the exact order he sees it every time, with the
[57:22.520 --> 57:29.200]  exact same case law, with the common stuff, and each motion is going to have one or two
[57:29.200 --> 57:32.520]  minor variations that are peculiar to the case.
[57:32.520 --> 57:35.200]  So he's only got two or three cases he may have to look at.
[57:35.200 --> 57:40.600]  You, as a pro se, come in with this case you worked for months on, and it's got 20 cases
[57:40.600 --> 57:42.360]  the judge has never seen.
[57:42.360 --> 57:47.960]  He's going to look at that and say, do you really think I'm going to read all these cases?
[57:47.960 --> 57:49.960]  That denied.
[57:49.960 --> 57:57.800]  Now that may not be right, but that's how it works in the world we live in.
[57:57.800 --> 58:04.080]  So the trick is, get the litigation guys, got all the work done for you, piece of cake,
[58:04.080 --> 58:06.280]  and we're going to the top of the hour.
[58:06.280 --> 58:10.400]  Guys, I'm sorry I held you on so long, when we come back I will pick you up on the other
[58:10.400 --> 58:16.600]  side, Troy, Johnny, Al, sorry for holding you up, but we will get to you when we come
[58:16.600 --> 58:17.600]  back.
[58:17.600 --> 58:23.800]  This is Randy Kelton, Joe Escobel, with Steve Skidmark there in the background for Comet
[58:23.800 --> 58:24.800]  Relief.
[58:24.800 --> 58:28.280]  Twenty-five seconds to go, keep stretching.
[58:28.280 --> 58:31.880]  And we are, we do need to talk about our fundraiser.
[58:31.880 --> 58:38.160]  When we come back we'll talk about how to go on Logos Radio Network and find the link
[58:38.160 --> 58:43.480]  we have for the fundraiser and to show our progress.
[58:43.480 --> 58:50.400]  We're looking forward to a big Christmas party, help us out, we'll be right back.
[58:50.400 --> 58:54.560]  Would you like to make more definite progress in your walk with God?
[58:54.560 --> 58:59.720]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.720 --> 59:01.080]  can really help.
[59:01.080 --> 59:05.520]  The New Testament Recovery Version is one of the most comprehensive study Bibles available
[59:05.520 --> 59:06.520]  today.
[59:06.520 --> 59:10.440]  It has accurate translation and it contains thousands of footnotes that will help you
[59:10.440 --> 59:13.560]  to know God and to know the meaning of life.
[59:13.560 --> 59:18.800]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.800 --> 59:23.080]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.080 --> 59:28.000]  of salvation, growing in Christ, and how to build up the Church.
[59:28.000 --> 59:33.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:33.000 --> 59:45.760]  Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102, or visit
[59:45.760 --> 59:48.800]  us online at bfa.org.
[59:48.800 --> 01:00:02.880]  Live, free speech radio, logosradionetwork.com.
[01:00:02.880 --> 01:00:06.800]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[01:00:06.800 --> 01:00:07.800]  at thelibertybeat.com.
[01:00:07.800 --> 01:00:13.160]  I'm Brian Hagan reporting for the Liberty Beat on Friday, December 6, 2013.
[01:00:13.160 --> 01:00:21.040]  Gold trading at $1,216, silver at $19.24, and bitcoin at $963.48.
[01:00:21.040 --> 01:00:25.040]  Support for the Liberty Beat comes from Brave New Books, your local source for One World
[01:00:25.040 --> 01:00:28.800]  Way, Tangy Tangerine 2.0, and Curly Filtered.
[01:00:28.800 --> 01:00:33.840]  And Austin at 1904 Guadalupe Street, and online at bravenewbookstore.com.
[01:00:33.840 --> 01:00:39.240]  And from Central Texas Gun Works, CHL Courses, Self-Defense Training, and Firearms Sales,
[01:00:39.240 --> 01:00:42.120]  online at centraltexasgunworks.com.
[01:00:42.120 --> 01:00:46.840]  Money for Nothing, Inside the Federal Reserve, is a new documentary focused on the failures
[01:00:46.840 --> 01:00:48.120]  of the Central Bank.
[01:00:48.120 --> 01:00:52.560]  Created by a team of AFI, Sundance, and Academy Award winners, the film is currently in theatrical
[01:00:52.560 --> 01:00:56.160]  limited release, and will screen in Austin, Texas next Tuesday evening.
[01:00:56.160 --> 01:01:00.760]  Jim Bruce is the producer, director, writer, and editor, who worked to bring numerous experts
[01:01:00.760 --> 01:01:04.080]  in front of the camera, including current and former Fed officials.
[01:01:04.080 --> 01:01:07.640]  What we really wanted to do was to have the insider's perspective.
[01:01:07.640 --> 01:01:11.560]  I think one of the things that will surprise audiences is how critical current and former
[01:01:11.560 --> 01:01:15.200]  officials at the Fed are of Fed policies in recent years.
[01:01:15.200 --> 01:01:19.160]  That was the way to really strengthen our argument that not everybody feels that the
[01:01:19.160 --> 01:01:21.280]  Fed really hasn't made too many mistakes lately.
[01:01:21.280 --> 01:01:25.640]  There are people in the system and leading the system that feel like the Fed has done
[01:01:25.640 --> 01:01:26.960]  a really bad job.
[01:01:26.960 --> 01:01:31.400]  Money for Nothing, Inside the Federal Reserve, will be screened Tuesday evening at 6.30 at
[01:01:31.400 --> 01:01:33.040]  Austin's Marquesa Hall and Theater.
[01:01:33.040 --> 01:01:36.840]  We were very lucky to line up with Schreiber to narrate the film.
[01:01:36.840 --> 01:01:42.640]  We'll continue our conversation with Jim Bruce on Monday's edition of The Liberty Beat.
[01:01:42.640 --> 01:01:47.300]  Just in time for the season of giving, The Sovereign Living Reality Show comes to DVD.
[01:01:47.300 --> 01:01:51.640]  The release happens as the Indiegogo online fundraising campaign to finance episodes four
[01:01:51.640 --> 01:01:53.960]  through six enters the home stretch.
[01:01:53.960 --> 01:01:59.120]  A $35 donation gets you a packaged DVD of episodes one through three, including never
[01:01:59.120 --> 01:02:03.620]  before seen bonus material, delivery guaranteed by Christmas.
[01:02:03.620 --> 01:02:07.600]  Also added to the list of incentives is a personal consultation with show co-star John
[01:02:07.600 --> 01:02:08.600]  Bush.
[01:02:08.600 --> 01:02:13.680]  For a $75 donation, John will conduct a Skype or telephone consultation focused on one of
[01:02:13.680 --> 01:02:17.120]  many techniques that you can use to begin a sovereign lifestyle.
[01:02:17.120 --> 01:02:20.360]  For full details, go to SovereignLiving.tv.
[01:02:20.360 --> 01:02:22.640]  Support for The Liberty Beat comes from Cabo Bobs.
[01:02:22.640 --> 01:02:27.240]  Check out their new location at 29th and Rio Grande between Guadalupe and Lamar.
[01:02:27.240 --> 01:02:33.160]  Call them at 512-432-1111 or online at Cabobobs.com.
[01:02:33.160 --> 01:02:37.560]  Support for The Liberty Beat also comes from World on a String at the Airstream Boutique.
[01:02:37.560 --> 01:02:42.600]  Crochet jewelry and pearls, shells, gemstones, glass, and other beautiful materials from
[01:02:42.600 --> 01:02:45.200]  around the world, now accepting Bitcoin.
[01:02:45.200 --> 01:02:51.000]  Visit the Airstream Boutique, 1101-10-4 at South Lakeshore Boulevard or online at World
[01:02:51.000 --> 01:02:53.120]  on the String.us.
[01:02:53.120 --> 01:02:57.400]  This is The Liberty Beat for Friday, December 6th, 2013.
[01:02:57.400 --> 01:03:22.080]  Check out the website at TheLibertyBeat.com.
[01:03:27.400 --> 01:03:47.920]  And we're back on Rural Law Radio.
[01:03:47.920 --> 01:03:51.120]  Thanks for staying tuned with us, folks.
[01:03:51.120 --> 01:03:57.080]  I'm Steve Skidmore, kind of in the background, and I'd like to talk to you about how you
[01:03:57.080 --> 01:04:01.680]  can help out the Radio Network, Logos Radio Network.
[01:04:01.680 --> 01:04:10.520]  You can help by going to Logos Radio, that's L-O-G-O-S, Radio Network, all one word,.com.
[01:04:10.520 --> 01:04:17.440]  Scroll down, excuse me, right under the top banner, you'll see a progress report.
[01:04:17.440 --> 01:04:19.760]  It's kind of sad right now, folks, but we need some help.
[01:04:19.760 --> 01:04:24.160]  It does take some money and some effort to keep us on air and keep this information coming
[01:04:24.160 --> 01:04:25.360]  to you.
[01:04:25.360 --> 01:04:27.320]  Please keep that in mind.
[01:04:27.320 --> 01:04:31.680]  But if you donate, they've got some free stuff.
[01:04:31.680 --> 01:04:32.680]  We like free stuff.
[01:04:32.680 --> 01:04:33.680]  You like free stuff?
[01:04:33.680 --> 01:04:34.680]  I like free stuff.
[01:04:34.680 --> 01:04:40.480]  It looks like you can get a one-ounce bottle of tropical spray of ionic silver, you can
[01:04:40.480 --> 01:04:43.680]  get a nasal spray of colloidal silver.
[01:04:43.680 --> 01:04:48.940]  There's all kinds of good, helpful products that never doesn't put anything on here that's
[01:04:48.940 --> 01:04:53.120]  not going to be beneficial to you, and that's one of the things that I like about some of
[01:04:53.120 --> 01:05:00.720]  the products available at Logos Radio, and also Rule of Law Radio, you can go to ruleoflawradio.com.
[01:05:00.720 --> 01:05:06.880]  There's plenty more stuff on there that can be very beneficial to your life, to your well-being,
[01:05:06.880 --> 01:05:11.400]  and to any defense that you might have to put up, or offense you might have to put up
[01:05:11.400 --> 01:05:13.880]  in court, such as Jurisdictionary.
[01:05:13.880 --> 01:05:17.600]  We're talking about pleadings, on how to write pleadings, how to...
[01:05:17.600 --> 01:05:23.320]  Oh, wait a minute, wait a minute, you didn't mention Randy's beer fund.
[01:05:23.320 --> 01:05:25.960]  Oh, you know what?
[01:05:25.960 --> 01:05:31.160]  Since you switched to the root, you went from the hops to the root, you know, I've forgotten
[01:05:31.160 --> 01:05:32.160]  all about...
[01:05:32.160 --> 01:05:34.400]  Let's mention Randy's beer fund.
[01:05:34.400 --> 01:05:36.360]  Randy needs beer.
[01:05:36.360 --> 01:05:41.160]  He has switched from the hops to the root, so he needs all the help he can get.
[01:05:41.160 --> 01:05:44.680]  God, my listeners already know that.
[01:05:44.680 --> 01:05:47.080]  Yeah, getting old and fat.
[01:05:47.080 --> 01:05:53.040]  I had to go from the barley to root, and now I even had to go to a sugar-free, it's...
[01:05:53.040 --> 01:05:54.040]  Oh, no.
[01:05:54.040 --> 01:05:55.040]  That old.
[01:05:55.040 --> 01:05:56.040]  Oh, God.
[01:05:56.040 --> 01:05:57.040]  Okay.
[01:05:57.040 --> 01:06:01.520]  Any help you can give folks would be very deeply appreciated.
[01:06:01.520 --> 01:06:04.480]  Absolutely, and we need all the help we can get.
[01:06:04.480 --> 01:06:06.480]  We're struggling to keep this thing on the air.
[01:06:06.480 --> 01:06:14.640]  For the most part, the broadcasters are what keeps the program alive.
[01:06:14.640 --> 01:06:19.720]  We fund it out of our own pocket and give our own time, and that's not a complaint on
[01:06:19.720 --> 01:06:21.640]  our part.
[01:06:21.640 --> 01:06:25.120]  This is a mission that, you know, this is our job.
[01:06:25.120 --> 01:06:32.640]  Life put us here to do this, but we spend so much time with the radio part that we don't
[01:06:32.640 --> 01:06:39.040]  always have enough time to generate the funds we need to, and we sure can use some help
[01:06:39.040 --> 01:06:45.560]  in keeping this thing alive and upgrading it so we can better serve you in the future.
[01:06:45.560 --> 01:06:46.560]  Okay.
[01:06:46.560 --> 01:06:47.560]  Enough with that.
[01:06:47.560 --> 01:06:53.480]  Now I'm going to go to Johnny in Texas, and you had some information on point.
[01:06:53.480 --> 01:06:54.480]  Johnny?
[01:06:54.480 --> 01:06:55.480]  Hey, Randy.
[01:06:55.480 --> 01:07:03.720]  You guys were talking about the 12D6 motion to dismiss, and a couple of weeks ago, I got
[01:07:03.720 --> 01:07:11.520]  slapped with one of those, and since that time, I have done some tremendous study related
[01:07:11.520 --> 01:07:14.280]  to that particular issue.
[01:07:14.280 --> 01:07:19.440]  One of the things that I want to talk to you about, it's actually going to be a long discussion,
[01:07:19.440 --> 01:07:25.840]  and I probably would like to have a sit-down with you and Joe related to what they expect
[01:07:25.840 --> 01:07:27.640]  to see in the pleading.
[01:07:27.640 --> 01:07:35.000]  You were saying that you basically just have to plead out the elements, and that's what
[01:07:35.000 --> 01:07:36.000]  they say.
[01:07:36.000 --> 01:07:39.840]  They say they want a short plain statement that reasonably establishes the elements of
[01:07:39.840 --> 01:07:42.040]  the cause and all that.
[01:07:42.040 --> 01:07:45.600]  Really what they're wanting to see is code pleading.
[01:07:45.600 --> 01:07:51.280]  They don't tell you that, but that's what they're expecting to see.
[01:07:51.280 --> 01:07:55.680]  You and I and Joe really need to sit down for probably about two hours offline and talk
[01:07:55.680 --> 01:07:57.800]  about that.
[01:07:57.800 --> 01:08:02.600]  After I get moved, I was supposed to have already been moved, but it's not really been
[01:08:02.600 --> 01:08:03.600]  nice.
[01:08:03.600 --> 01:08:09.400]  In the course of my research, they've posed in council, in my case, I filed a case in
[01:08:09.400 --> 01:08:15.320]  state court, got removed from the federal court, they filed a 12D6 motion to dismiss,
[01:08:15.320 --> 01:08:23.440]  and it was dismissed with prejudice and with no opportunity to amend whatsoever.
[01:08:23.440 --> 01:08:33.120]  I did some research about that, and I found not only interesting case law, but a whole
[01:08:33.120 --> 01:08:36.800]  bunch of it.
[01:08:36.800 --> 01:08:41.400]  Every court and every circuit has said it, and even the Supreme Court has addressed it,
[01:08:41.400 --> 01:08:50.400]  that regardless, irrespective of the insufficiency of a pro se pleading, they are entitled to
[01:08:50.400 --> 01:08:58.480]  an opportunity to amend without dismissal or before dismissal.
[01:08:58.480 --> 01:09:03.440]  What the courts have said is basically, even if your pleading is just total crap, if you're
[01:09:03.440 --> 01:09:09.960]  a pro se, you are entitled, as a matter of rights, an opportunity to amend before they
[01:09:09.960 --> 01:09:10.960]  dismiss.
[01:09:10.960 --> 01:09:14.520]  I'll send you my objections with all that case law in it.
[01:09:14.520 --> 01:09:15.520]  Wonderful.
[01:09:15.520 --> 01:09:17.520]  Was this his chump, McBride?
[01:09:17.520 --> 01:09:18.520]  No.
[01:09:18.520 --> 01:09:20.520]  I don't say it wasn't him.
[01:09:20.520 --> 01:09:21.520]  Oh, it wasn't him.
[01:09:21.520 --> 01:09:22.520]  Too bad.
[01:09:22.520 --> 01:09:23.800]  I'd really like to hammer him.
[01:09:23.800 --> 01:09:31.680]  This looks like, because of what we've been getting, we really need to start filing claims
[01:09:31.680 --> 01:09:34.080]  of sedition against these judges.
[01:09:34.080 --> 01:09:38.320]  Well, that's where I'm going with mine.
[01:09:38.320 --> 01:09:44.400]  Even the Supreme Court has said that not only do you have to give a pro se litigant an opportunity
[01:09:44.400 --> 01:09:49.080]  to amends before you dismiss, you need to tell him what's wrong with his pleading and
[01:09:49.080 --> 01:09:53.720]  tell him what he needs to fix.
[01:09:53.720 --> 01:09:55.600]  The state's courts tend to do that.
[01:09:55.600 --> 01:09:59.240]  They do, and the federal courts are supposed to, but they don't.
[01:09:59.240 --> 01:10:02.400]  They just want you out of there.
[01:10:02.400 --> 01:10:08.080]  Being that court in every circuit and even all the way up through the Supreme Court has
[01:10:08.080 --> 01:10:14.120]  said consistently and for quite some time that pro se litigants are entitled to an opportunity
[01:10:14.120 --> 01:10:23.800]  to amend as a matter of rights, to me, that falls under 18 U.S.C. 242, if they...
[01:10:23.800 --> 01:10:26.760]  What I was just thinking, sue the judge himself.
[01:10:26.760 --> 01:10:27.760]  Can you repeat that?
[01:10:27.760 --> 01:10:28.760]  Johnny?
[01:10:28.760 --> 01:10:29.760]  15 U.S.C.?
[01:10:29.760 --> 01:10:30.760]  15 U.S.C.?
[01:10:30.760 --> 01:10:31.760]  Oh, that was 18 U.S.C. 242.
[01:10:31.760 --> 01:10:32.760]  All right, hold on.
[01:10:32.760 --> 01:10:33.760]  18...
[01:10:33.760 --> 01:10:34.760]  18 242.
[01:10:34.760 --> 01:10:35.760]  242.
[01:10:35.760 --> 01:10:36.760]  Okay.
[01:10:36.760 --> 01:10:43.760]  Write down Ku Klux Klan Act 1871.
[01:10:43.760 --> 01:10:52.240]  After the Civil War and during the Reconstruction, the government pretty well left the political
[01:10:52.240 --> 01:10:54.520]  establishments in the South in place.
[01:10:54.520 --> 01:11:02.280]  Otherwise, it would be total anarchy, the mayors, the sheriffs, and gave them new directives.
[01:11:02.280 --> 01:11:08.920]  And these mayors and sheriffs and councilmen told these Yankee carpetbaggers to go scratch
[01:11:08.920 --> 01:11:11.840]  them, do what they wanted to.
[01:11:11.840 --> 01:11:17.640]  So the legislature passed the Ku Klux Klan Act, and what it said was that if a public
[01:11:17.640 --> 01:11:26.120]  official acting under the color of his authority, color meaning pretense, if he fails to perform
[01:11:26.120 --> 01:11:33.520]  a duty he's required to perform or exerts or purports to exert an authority he does
[01:11:33.520 --> 01:11:39.160]  not expressly have, and in the process, deny the citizen and the full and free access to
[01:11:39.160 --> 01:11:41.920]  or enjoyment of a right that's a crime.
[01:11:41.920 --> 01:11:49.840]  Most states have a statute that reflects that federal statute, and the wording is almost
[01:11:49.840 --> 01:11:50.840]  to the letter.
[01:11:50.840 --> 01:12:00.080]  Well, in 18 U.S.C. 242, it says any public servant who violates any right of anyone
[01:12:00.080 --> 01:12:04.640]  in any state or territory or possession of the United States, and so on and so on.
[01:12:04.640 --> 01:12:09.720]  I mean, it's very broad and very encompassing.
[01:12:09.720 --> 01:12:16.080]  If they violate any right, it doesn't say a constitutionally protected right or anything
[01:12:16.080 --> 01:12:17.080]  like that.
[01:12:17.080 --> 01:12:21.920]  It says if they violate any right, and the Supreme Court has said that pro-state litigants
[01:12:21.920 --> 01:12:28.360]  as a matter of rights are entitled to an opportunity to amend before dismissal on the 1226 motion
[01:12:28.360 --> 01:12:29.360]  to dismiss.
[01:12:29.360 --> 01:12:37.480]  Okay, now, you're probably familiar with 42 U.S. Code 1983.
[01:12:37.480 --> 01:12:47.640]  The Ku Klux Klan Act was codified into statute as 18 U.S. Code 242 and 42 U.S. Code 1983.
[01:12:47.640 --> 01:12:56.400]  The 1983 is the one that authorizes that allows a citizen to sue a public official for official
[01:12:56.400 --> 01:13:01.240]  misconduct for a violation of 18 U.S. Code 242.
[01:13:01.240 --> 01:13:07.520]  So anything they violate there, it can be sued in the civil court.
[01:13:07.520 --> 01:13:13.680]  Those two of the Ku Klux Klan Act, everybody should have those two memorized, especially
[01:13:13.680 --> 01:13:15.680]  18 U.S. Code 242.
[01:13:15.680 --> 01:13:17.960]  It is a catch-all.
[01:13:17.960 --> 01:13:25.440]  Just like Johnny said, they violate any law relating to their office and deny you a right,
[01:13:25.440 --> 01:13:29.320]  and that's a crime.
[01:13:29.320 --> 01:13:35.160]  And the problem these judges have is, you know, we hear a lot in the patriot movement, we
[01:13:35.160 --> 01:13:39.880]  hear a lot of talk about these officers committing treason.
[01:13:39.880 --> 01:13:43.480]  Now, I've always had a problem with that because it's not treason.
[01:13:43.480 --> 01:13:47.240]  When I first got to, I went to Australia and did some seminars there.
[01:13:47.240 --> 01:13:53.520]  First day, they took me to the high court, it's like our Supreme, and a pro-state litigant
[01:13:53.520 --> 01:13:59.920]  was there arguing an issue, and he is crawling down this judge's throat, accusing him of
[01:13:59.920 --> 01:14:03.160]  treason and demanding that he get off the bench.
[01:14:03.160 --> 01:14:06.360]  Well, I was amazed at how tolerant they were.
[01:14:06.360 --> 01:14:10.240]  They'd have beaten, if we were in the U.S., they'd have beaten us into unconsciousness
[01:14:10.240 --> 01:14:13.480]  and thrown us in jail, but the judge put up with it.
[01:14:13.480 --> 01:14:19.400]  And I was thinking as he's accusing the judge of treason, what he said the judge did was
[01:14:19.400 --> 01:14:22.520]  not treason, it was sedition.
[01:14:22.520 --> 01:14:31.640]  Sedition, one of the elements of sedition is that you prevent the execution of or application
[01:14:31.640 --> 01:14:35.120]  of a law.
[01:14:35.120 --> 01:14:43.040]  And what Johnny said earlier about these judges having a requirement as a matter of right
[01:14:43.040 --> 01:14:51.800]  to give the pro-state opportunity to replete, and the courts have established that as law,
[01:14:51.800 --> 01:15:00.480]  and this judge fails to provide that best sedition, and he should be charged with it
[01:15:00.480 --> 01:15:03.760]  in a state court, not in a federal court.
[01:15:03.760 --> 01:15:04.760]  Yeah.
[01:15:04.760 --> 01:15:09.320]  Well, and the way, okay, as you're quoting that, you're saying that when a public servant
[01:15:09.320 --> 01:15:15.040]  violates the law related to his office, and in the process of it denies anybody full and
[01:15:15.040 --> 01:15:19.640]  free access or enjoyment of the right, that's actually Texas version of it.
[01:15:19.640 --> 01:15:24.080]  The federal version of it doesn't even say that they have to violate a law, it just says
[01:15:24.080 --> 01:15:31.280]  whoever under color of any law that you ordinance regulation or custom subjects person in any
[01:15:31.280 --> 01:15:36.320]  state, territory, commonwealth, possession, or district to the deprivation of any rights,
[01:15:36.320 --> 01:15:38.320]  privileges, or immunities.
[01:15:38.320 --> 01:15:39.320]  Okay.
[01:15:39.320 --> 01:15:40.320]  That's true.
[01:15:40.320 --> 01:15:50.480]  No, what I'm saying is when a public official violates a law, just because he's in a federal
[01:15:50.480 --> 01:15:53.480]  court doesn't mean that he can't be charged in the state court.
[01:15:53.480 --> 01:16:01.440]  And yes, every, you know, Texas 39.03 says, if a public official acting under the color
[01:16:01.440 --> 01:16:09.560]  or pretext of his authority fails to perform duty he's required to perform, or exerts or
[01:16:09.560 --> 01:16:15.040]  purports to exert an authority he does not expressly have, and denies a citizen in the
[01:16:15.040 --> 01:16:17.240]  form for access to enjoyment of the right.
[01:16:17.240 --> 01:16:21.600]  That's defined as official oppression in the state of Texas, but that's almost exactly
[01:16:21.600 --> 01:16:24.560]  the same wording as 18 U.S. Code 242.
[01:16:24.560 --> 01:16:27.840]  No, they don't have to violate a law.
[01:16:27.840 --> 01:16:34.600]  All they have, well, they have to deny a citizen in the right by failing to do what they're
[01:16:34.600 --> 01:16:38.680]  supposed to or claiming authority to do something they can't.
[01:16:38.680 --> 01:16:41.120]  And that itself is a violation of law.
[01:16:41.120 --> 01:16:42.120]  Yeah.
[01:16:42.120 --> 01:16:44.840]  Are we all sufficiently confused now?
[01:16:44.840 --> 01:16:47.840]  Hang on, John.
[01:16:47.840 --> 01:16:52.320]  We will be right back on the other side, Randy Kelton, David Stevens, Mr. Esquivel.
[01:16:52.320 --> 01:17:00.720]  We will, our radio, 512-646-1984, we will be right back.
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[01:18:59.720 --> 01:19:08.720]  This is the Logos Logos Radio Network.
[01:19:08.720 --> 01:19:29.640]  Okay, we are back, Randy Kelton, Dennis Stevens, Joe Esquivel, Rue Blah Radio, Steve Skidmore
[01:19:29.640 --> 01:19:33.720]  there in the background, and we're talking to Johnny in Texas.
[01:19:33.720 --> 01:19:38.920]  And Johnny, I do want to spend some more time on this.
[01:19:38.920 --> 01:19:47.280]  We're in the process of getting all our legal research structured so that it's easily defined.
[01:19:47.280 --> 01:19:57.200]  And since everybody gets a Rule 12, I definitely want your Rule 12 research because I have
[01:19:57.200 --> 01:20:02.320]  a particular skill that I need to hone a little bit more.
[01:20:02.320 --> 01:20:10.320]  I'm a plagiarist, so I'm going to keep that skill sharp.
[01:20:10.320 --> 01:20:13.320]  Sorry, Connie, we didn't hear you.
[01:20:13.320 --> 01:20:16.320]  Okay, Johnny, do you have any more for us on this subject?
[01:20:16.320 --> 01:20:20.320]  Yeah, I'll send you my objections with all the case law in it.
[01:20:20.320 --> 01:20:25.320]  And just real quick, I wanted to touch on one other issue.
[01:20:25.320 --> 01:20:30.320]  You're talking about how it's just sort of like an assembly line.
[01:20:30.320 --> 01:20:35.320]  I mean, you file a petition in the state court, they remove it to federal court, and the first
[01:20:35.320 --> 01:20:38.320]  thing out of the box is 12b6 motion to dismiss.
[01:20:38.320 --> 01:20:39.320]  Okay.
[01:20:39.320 --> 01:20:43.320]  Yeah, and let me touch on that quickly.
[01:20:43.320 --> 01:20:51.320]  I have been making my original pleadings more simple for bushfire purposes.
[01:20:51.320 --> 01:20:57.320]  Now, lawyers tend not to do that because they get in trouble for it, but proceeds don't.
[01:20:57.320 --> 01:21:02.320]  Instead of giving them all the information you can, you give them a couple, one or two
[01:21:02.320 --> 01:21:07.320]  causes of action, then they remove it to the federal court.
[01:21:07.320 --> 01:21:14.320]  And then you can file a petition for remand.
[01:21:14.320 --> 01:21:21.320]  Then you use all of your other, all the information you didn't give them in the first place to
[01:21:21.320 --> 01:21:26.320]  show cause as to why only the state has jurisdiction.
[01:21:26.320 --> 01:21:36.320]  They, we would file a, accusations under whole pertaining arrest under the consumer protection
[01:21:36.320 --> 01:21:37.320]  laws.
[01:21:37.320 --> 01:21:42.320]  And the courts always tore them out because the legislature intentionally wrote those
[01:21:42.320 --> 01:21:45.320]  laws as song and dance and seltzer down your pants.
[01:21:45.320 --> 01:21:51.320]  They made it look like they were creating consumer protections, but they set the statute
[01:21:51.320 --> 01:21:56.320]  of limitations so short that they were virtually worthless.
[01:21:56.320 --> 01:22:05.320]  So we changed our, our claims to an allegation that they violated the consumer protection
[01:22:05.320 --> 01:22:06.320]  laws.
[01:22:06.320 --> 01:22:11.320]  But we did not claim the remedy under the consumer protection law.
[01:22:11.320 --> 01:22:17.320]  We claimed the remedy by virtue of default on the deed of trust.
[01:22:17.320 --> 01:22:25.320]  That raises a question in regard to Tila Respa.
[01:22:25.320 --> 01:22:29.320]  The statute of limitations in Tila and Respa go only to.
[01:22:29.320 --> 01:22:30.320]  Three years.
[01:22:30.320 --> 01:22:31.320]  Recision.
[01:22:31.320 --> 01:22:34.320]  You're not suing for rescission.
[01:22:34.320 --> 01:22:35.320]  If it were me, I would agree.
[01:22:35.320 --> 01:22:37.320]  It's too late to rescind.
[01:22:37.320 --> 01:22:39.320]  I'm suing for the fraud in the factum.
[01:22:39.320 --> 01:22:47.320]  Okay, fraud, okay, you, what they will, what they try to do, if you sue for fraud in the
[01:22:47.320 --> 01:22:51.320]  factum, then you.
[01:22:51.320 --> 01:22:57.320]  If you claim whole particular Respa, the courts are going to go to the remedies provided under
[01:22:57.320 --> 01:22:59.320]  whole particular Respa.
[01:22:59.320 --> 01:23:07.320]  The fact that you violated whole particular Respa does not necessarily give a claim of
[01:23:07.320 --> 01:23:10.320]  fraud in the factum.
[01:23:10.320 --> 01:23:18.320]  Fraud in the factum is where you deliberately gave this false disclosure.
[01:23:18.320 --> 01:23:20.320]  It doesn't necessarily go there.
[01:23:20.320 --> 01:23:29.320]  Where I'm going here is, is do not claim the remedy contained in the statute.
[01:23:29.320 --> 01:23:30.320]  Right.
[01:23:30.320 --> 01:23:31.320]  It's worthless.
[01:23:31.320 --> 01:23:32.320]  Right.
[01:23:32.320 --> 01:23:39.320]  Claim the remedy in the severability clause in your deed of trust or your mortgage.
[01:23:39.320 --> 01:23:45.320]  You granted these privileges to the lender of making the claim against this property.
[01:23:45.320 --> 01:23:52.320]  And in the case of a nonjudicial state, a confessed judgment for the claim against the
[01:23:52.320 --> 01:23:53.320]  property.
[01:23:53.320 --> 01:23:59.320]  You gave them these privileges based on certain conditions and restrictions.
[01:23:59.320 --> 01:24:07.320]  One of those was on the condition that both parties would abide by all state and federal
[01:24:07.320 --> 01:24:09.320]  law.
[01:24:09.320 --> 01:24:18.320]  So we claim that by breaching whole particular Respa, the home equity protections act, real
[01:24:18.320 --> 01:24:24.320]  estate settlement procedures act, truth and lending act, that you violated a law related
[01:24:24.320 --> 01:24:28.320]  to the contract and therefore you breached the contract.
[01:24:28.320 --> 01:24:30.320]  We filed the first one that way.
[01:24:30.320 --> 01:24:33.320]  They immediately moved it to the federal court.
[01:24:33.320 --> 01:24:37.320]  Now we come back with the argument, we made no federal claims.
[01:24:37.320 --> 01:24:40.320]  And the court cannot consider any federal claims.
[01:24:40.320 --> 01:24:43.320]  There are no federal claims before the court.
[01:24:43.320 --> 01:24:44.320]  Perfect.
[01:24:44.320 --> 01:24:46.320]  Randy, that's exactly where I was going.
[01:24:46.320 --> 01:24:51.320]  You are correct that the process is you file it through the state court.
[01:24:51.320 --> 01:24:52.320]  They were in the federal court.
[01:24:52.320 --> 01:24:54.320]  You get a 12b6 motion to dismiss.
[01:24:54.320 --> 01:24:59.320]  And the next thing that always happens, which is what happened in my case, I brought my
[01:24:59.320 --> 01:25:06.320]  case strictly under state law and I researched the law out very well, the statutes and the
[01:25:06.320 --> 01:25:12.320]  case law, and brought my causes of action as they are recognized in Texas.
[01:25:12.320 --> 01:25:16.320]  And even when you do that, the very next thing that's going to happen is after the attorney
[01:25:16.320 --> 01:25:21.320]  files their 12b6 motion to dismiss, the court is going to come back with a whole bunch of
[01:25:21.320 --> 01:25:28.320]  federal decisions that are in direct odds with the state decision.
[01:25:28.320 --> 01:25:34.320]  So I don't know if this particular judge has ever heard in his courtroom the term
[01:25:34.320 --> 01:25:35.320]  comity.
[01:25:35.320 --> 01:25:38.320]  Are you familiar with that concept, comity?
[01:25:38.320 --> 01:25:41.320]  No, I'm having a little trouble understanding you, Dave.
[01:25:41.320 --> 01:25:42.320]  Comity.
[01:25:42.320 --> 01:25:44.320]  Comity, C-O-M-I-T-Y?
[01:25:44.320 --> 01:25:45.320]  Yes.
[01:25:45.320 --> 01:25:46.320]  Okay.
[01:25:46.320 --> 01:25:47.320]  I'm familiar with it.
[01:25:47.320 --> 01:25:49.320]  I can't give you a definition.
[01:25:49.320 --> 01:25:50.320]  Will you define it?
[01:25:50.320 --> 01:25:53.320]  Well, I can give you a definition.
[01:25:53.320 --> 01:26:01.320]  Basically, the federal courts are supposed to respect the state's laws and the state's
[01:26:01.320 --> 01:26:02.320]  views on things.
[01:26:02.320 --> 01:26:07.320]  So I don't know if this judge has ever heard the word comity in his courtroom before, but
[01:26:07.320 --> 01:26:12.320]  he will after he reads my objections to the court's violations of comity and inversion
[01:26:12.320 --> 01:26:15.320]  of federalism, which is basically what...
[01:26:15.320 --> 01:26:23.320]  You might consider preparing a criminal accusation against the judge and file it with the district
[01:26:23.320 --> 01:26:24.320]  attorney.
[01:26:24.320 --> 01:26:25.320]  No, I'm going to.
[01:26:25.320 --> 01:26:28.320]  As soon as I get moved, that's...
[01:26:28.320 --> 01:26:29.320]  Yeah.
[01:26:29.320 --> 01:26:33.320]  I mean, I'm going to file several complaints on him for his multiple...
[01:26:33.320 --> 01:26:34.320]  No, no.
[01:26:34.320 --> 01:26:35.320]  Don't file federal complaints.
[01:26:35.320 --> 01:26:38.320]  File a state complaint.
[01:26:38.320 --> 01:26:41.320]  In lieu of federal complaint?
[01:26:41.320 --> 01:26:42.320]  Yeah.
[01:26:42.320 --> 01:26:46.320]  He didn't commit a federal crime, he committed a state crime.
[01:26:46.320 --> 01:26:47.320]  Yeah.
[01:26:47.320 --> 01:26:50.320]  Official oppression is a state crime.
[01:26:50.320 --> 01:26:51.320]  He committed it in the state.
[01:26:51.320 --> 01:26:53.320]  He wasn't in Washington, DC.
[01:26:53.320 --> 01:26:55.320]  He wasn't in a federal reserve.
[01:26:55.320 --> 01:26:57.320]  He wasn't in a federal prison.
[01:26:57.320 --> 01:27:02.320]  The only places in Texas that had been ceded to the federal government are in federal prisons.
[01:27:02.320 --> 01:27:04.320]  He wasn't in one of those.
[01:27:04.320 --> 01:27:07.320]  He was in a federal courthouse leased from the state.
[01:27:07.320 --> 01:27:10.320]  He was in the body of the state.
[01:27:10.320 --> 01:27:11.320]  Yeah.
[01:27:11.320 --> 01:27:13.320]  He violated state law.
[01:27:13.320 --> 01:27:17.320]  Let's see what a grand jury thinks of his shenanigans.
[01:27:17.320 --> 01:27:19.320]  That's a good point.
[01:27:19.320 --> 01:27:20.320]  That's a good point.
[01:27:20.320 --> 01:27:22.320]  I will definitely do that.
[01:27:22.320 --> 01:27:30.320]  I think if we start pounding these guys before state grand juries, this is going to scare
[01:27:30.320 --> 01:27:38.320]  the bejesus out of the judge because what my prosecutor told me once, those darn grand
[01:27:38.320 --> 01:27:42.320]  jurors, you never know what they're going to do.
[01:27:42.320 --> 01:27:45.320]  We'll see how he likes it.
[01:27:45.320 --> 01:27:47.320]  I'm fairly confident.
[01:27:47.320 --> 01:27:52.320]  I have a motion for reconsideration and it should get granted.
[01:27:52.320 --> 01:27:57.320]  If it doesn't, I'm quite confident that the appellate court will remand it back and say,
[01:27:57.320 --> 01:27:59.320]  you've got to give this guy an opportunity to amend.
[01:27:59.320 --> 01:28:03.320]  Unfortunately, I'll be long gone out of my house by the time that happens.
[01:28:03.320 --> 01:28:06.320]  That gives you a much bigger claim coming back.
[01:28:06.320 --> 01:28:09.320]  Exactly.
[01:28:09.320 --> 01:28:15.320]  You did bring something to mind I was supposed to mention yesterday.
[01:28:15.320 --> 01:28:21.320]  You guys know about my little trip to Cherokee County and how Robert Fox was down there being
[01:28:21.320 --> 01:28:25.320]  persecuted by those scoundrels down there.
[01:28:25.320 --> 01:28:28.320]  They convicted him in a kangaroo court.
[01:28:28.320 --> 01:28:30.320]  Now he's in a federal lockup.
[01:28:30.320 --> 01:28:34.320]  They're trying to deport him because of this conviction.
[01:28:34.320 --> 01:28:38.320]  He appealed it to the court of appeals.
[01:28:38.320 --> 01:28:43.320]  They threw out everything.
[01:28:43.320 --> 01:28:44.320]  Dismissed the case?
[01:28:44.320 --> 01:28:47.320]  Dismissed big time.
[01:28:47.320 --> 01:28:49.320]  He beat him again.
[01:28:49.320 --> 01:28:51.320]  Is he out?
[01:28:51.320 --> 01:28:53.320]  The immigration is still holding him.
[01:28:53.320 --> 01:28:55.320]  He's fighting immigration now.
[01:28:55.320 --> 01:28:58.320]  Now they don't have grounds to hold him anymore.
[01:28:58.320 --> 01:29:03.320]  The only grounds they had was the felony conviction and now there is no felony conviction.
[01:29:03.320 --> 01:29:08.320]  He may be back out again here pretty soon.
[01:29:08.320 --> 01:29:10.320]  That was a wonderful win.
[01:29:10.320 --> 01:29:19.320]  The reason I brought that up is to remind you of what Dr. Grace keeps saying in jurisdictionary.
[01:29:19.320 --> 01:29:24.320]  Johnny, what is the only purpose of the trial court?
[01:29:24.320 --> 01:29:28.320]  To make and preserve your record for appeal.
[01:29:28.320 --> 01:29:30.320]  Exactly.
[01:29:30.320 --> 01:29:36.320]  So if you go before the trial court and they commit all these shenanigans, don't worry about it.
[01:29:36.320 --> 01:29:40.320]  You're only there to set the record for appeal anyway.
[01:29:40.320 --> 01:29:43.320]  And the appeals court is where the real action is.
[01:29:43.320 --> 01:29:45.320]  Hang on, Johnny.
[01:29:45.320 --> 01:29:46.320]  Troy, Al, I see you there.
[01:29:46.320 --> 01:29:49.320]  We'll get to you when we come back on the other side.
[01:29:49.320 --> 01:29:52.320]  Randy Kelton, Deborah Stevens, Joe Esquivel, Rule of Law Radio.
[01:29:52.320 --> 01:29:56.320]  Our call to number 512-646-1984.
[01:29:56.320 --> 01:30:01.320]  You'll be right back.
[01:30:01.320 --> 01:30:03.320]  Good news, patriots.
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[01:31:21.320 --> 01:31:30.320]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[01:33:32.320 --> 01:33:41.320]  Okay, we are back with Randy Kelton, Debra Stevens, Joe Esquivel, and we're talking to Johnny in Texas.
[01:33:41.320 --> 01:33:48.320]  And Steve, will you read the definition of comity? C-O-M-I-T-Y.
[01:33:48.320 --> 01:33:55.320]  Now I'm going to Wikipedia. I know nobody trusts Wiki, but it is actually citable in court these days.
[01:33:55.320 --> 01:34:04.320]  Comity, C-O-M-I-T-Y. In law, comity specifically refers to legal reciprocity.
[01:34:04.320 --> 01:34:13.320]  The principle that one jurisdiction will extend certain courtesies to another nation or another jurisdiction within the same nation,
[01:34:13.320 --> 01:34:23.320]  particularly by recognizing the validity and effect of their exclusive, or I'm sorry, executive, legislative and judicial acts.
[01:34:23.320 --> 01:34:34.320]  The term refers to the idea that courts should not act in a way that demeans the jurisdiction laws or judicial decisions of another jurisdiction.
[01:34:34.320 --> 01:34:42.320]  Part of the presumption of comity is that the other jurisdiction will reciprocate the courtesy shown to them.
[01:34:42.320 --> 01:34:50.320]  The statutes, yeah, that's about it. It just kind of repeats itself after that.
[01:34:50.320 --> 01:34:58.320]  That kind of gives us a consistent corpus juris, a consistent body of law.
[01:34:58.320 --> 01:35:11.320]  And this kind of, we were talking on the break about full faith and credit, where one jurisdiction, one state will respect the legislature of another state,
[01:35:11.320 --> 01:35:20.320]  where the legislature of another state has addressed an issue by statute that hasn't been addressed in this state,
[01:35:20.320 --> 01:35:35.320]  then you can, by way of full faith and credit, pull that statute from the other state and use it in this one because it specifically addresses your issue where your legislature hasn't done that.
[01:35:35.320 --> 01:35:40.320]  They all trust the legislatures of the other states to make good law.
[01:35:40.320 --> 01:35:48.320]  Well, I've found a bunch of federal case law on the issue of comity, and it's sort of a sacred thing for them.
[01:35:48.320 --> 01:36:00.320]  It's very important that they respect comity to avoid appearance of federalism and incursions of federalism.
[01:36:00.320 --> 01:36:09.320]  When you were speaking earlier, I was thinking, this sounds like an egregious act of federal preemption.
[01:36:09.320 --> 01:36:18.320]  It's an attempt to supplant and overthrow Texas legislature, Texas care decisive, Texas rules and procedure, everything else.
[01:36:18.320 --> 01:36:29.320]  So when I take my case in on state court claims, and for more than 200 years, the courts have said, here is the basis for a cause of action for quiet title.
[01:36:29.320 --> 01:36:32.320]  And then the federal court says, well, that's not what our case law says.
[01:36:32.320 --> 01:36:40.320]  Our case law says it's this, this, and that, and so you felt the state acclaim. That's a violation of comity and an incursion of federalism.
[01:36:40.320 --> 01:36:50.320]  Exactly. Federal preemption that overrides the state laws, that should get sedition.
[01:36:50.320 --> 01:36:51.320]  Well, it is.
[01:36:51.320 --> 01:36:55.320]  In the state, not in the Fed.
[01:36:55.320 --> 01:36:57.320]  I'll send you my objections. You'll find them interesting.
[01:36:57.320 --> 01:37:09.320]  There's a case, a federal case called Enucks v. Lempasas County, 641S.3D155, and it's 2011.
[01:37:09.320 --> 01:37:15.320]  They say, comity demands that the important interests of federalism and comity be respected by the federal courts,
[01:37:15.320 --> 01:37:22.320]  which are courts of limited jurisdiction and not as well equipped for determinations of state law as our state court.
[01:37:22.320 --> 01:37:31.320]  Texas state courts have superior familiarity with and heightened interest in developing Texas state law and therefore the demands of comity.
[01:37:31.320 --> 01:37:34.320]  In this case, this was another case where they did what they did to me.
[01:37:34.320 --> 01:37:41.320]  Somebody filed their claims under Texas law and they came back with federal law to say, no, that's not how we do it here.
[01:37:41.320 --> 01:37:47.320]  So I'm going to go after them for it and everything else that they did.
[01:37:47.320 --> 01:37:48.320]  Wonderful.
[01:37:48.320 --> 01:37:56.320]  Now, if they've, based on this impropriety by the judge, they force you to leave the property.
[01:37:56.320 --> 01:38:02.320]  Now you get to claim harm for all the time you're out of the property.
[01:38:02.320 --> 01:38:04.320]  The natural law.
[01:38:04.320 --> 01:38:07.320]  Yep. Yep. That's right. That's exactly right.
[01:38:07.320 --> 01:38:11.320]  So I almost, instead of all these objections, I almost thought I should maybe send them a thank you note.
[01:38:11.320 --> 01:38:18.320]  Even though it really sucks to lose my house, it does open a lot of doors and now that I have that harm of being
[01:38:18.320 --> 01:38:23.320]  disgusted with my property, it does give me some other tools to work with.
[01:38:23.320 --> 01:38:25.320]  So they handed them to me.
[01:38:25.320 --> 01:38:27.320]  I'm going to hit them in the head with it.
[01:38:27.320 --> 01:38:29.320]  Wonderful. Wonderful. Okay.
[01:38:29.320 --> 01:38:30.320]  Thank you, Johnny.
[01:38:30.320 --> 01:38:37.320]  Now we've got a couple more callers and Troy has been waiting since the show started.
[01:38:37.320 --> 01:38:39.320]  Hello, Troy.
[01:38:39.320 --> 01:38:41.320]  Hey, Randy. How are you doing tonight?
[01:38:41.320 --> 01:38:45.320]  I'm doing good. What do you have for us tonight?
[01:38:45.320 --> 01:38:55.320]  Well, last week I was listening to the show and Joe had mentioned he was talking about getting Bloomberg audits done.
[01:38:55.320 --> 01:38:59.320]  And of course you have to realize I'm taking baby steps here right now.
[01:38:59.320 --> 01:39:03.320]  I'm just getting into this and starting to learn all about it.
[01:39:03.320 --> 01:39:11.320]  But I've been told that Bloomberg had been sold to JPMorgan and that Absnat is a better audit to get.
[01:39:11.320 --> 01:39:13.320]  Is that correct?
[01:39:13.320 --> 01:39:18.320]  I can't answer that. One, Bloomberg is still out there, right?
[01:39:18.320 --> 01:39:21.320]  For the record, last week's show was an archive.
[01:39:21.320 --> 01:39:22.320]  Right. It was an archive.
[01:39:22.320 --> 01:39:41.320]  However, to be specific, what you're talking about is the Bloomberg loan fine that was a product that Bloomberg offered that was created when I approached Bloomberg a couple of years ago.
[01:39:41.320 --> 01:39:46.320]  All right. So I am very familiar with the term Bloomberg audit.
[01:39:46.320 --> 01:39:52.320]  However, an audit, to be honest, refers to a financial audit.
[01:39:52.320 --> 01:39:55.320]  All right. What you probably need is an analysis.
[01:39:55.320 --> 01:39:56.320]  It's an accounting term.
[01:39:56.320 --> 01:39:59.320]  Right. It's correct, Steve. It's an accounting term.
[01:39:59.320 --> 01:40:22.320]  An analysis such as what I do, all right, and we do what's called a competent evidence package. The analysis specifically goes into what was to be done, what was not done.
[01:40:22.320 --> 01:40:32.320]  We talk about from start to finish, what was supposed to happen, what did happen, what did not happen.
[01:40:32.320 --> 01:40:46.320]  It needs to be state-specific, pursuant to your documents, and it's the most in-depth study that can't be done, the most in-depth analysis.
[01:40:46.320 --> 01:41:03.320]  And right now with what's going on, as a matter of fact, today we just came out with MTI University, and we're going to be offering online training classes starting in January because so many parties are out there.
[01:41:03.320 --> 01:41:11.320]  And they're getting bits and pieces of information, and they're not sure how to put it together.
[01:41:11.320 --> 01:41:18.320]  So that's what this online school is going to be doing. But definitely you would need a chain of title analysis.
[01:41:18.320 --> 01:41:28.320]  And to go back to Bloomberg, that's basically what you're getting from Bloomberg is screenshots saying here the numbers match.
[01:41:28.320 --> 01:41:32.320]  Here's the loan over here in this security pool.
[01:41:32.320 --> 01:41:42.320]  What you're getting is just a business record of a particular loan instrument. And we do the same thing.
[01:41:42.320 --> 01:41:48.320]  We use different platforms. You know, there's many different ones out there. There's ABSnet, DF Reuters.
[01:41:48.320 --> 01:41:57.320]  You have a variety of different research tools out there that John Doe does not have access to.
[01:41:57.320 --> 01:42:04.320]  Right. You know, we have access to information such as Danny May, Freddie Mac, Jenny May.
[01:42:04.320 --> 01:42:08.320]  And you'd mentioned, Joe, for clarification, you mentioned competent evidence.
[01:42:08.320 --> 01:42:18.320]  I'd like to, since we're talking about private not, private databases not publicly accessible,
[01:42:18.320 --> 01:42:28.320]  42 states of this union have laws that restrict and require license. If an individual is looking into a database
[01:42:28.320 --> 01:42:37.320]  that is not publicly accessible, generates a report that is intended to go before court of law, there are license requirements there.
[01:42:37.320 --> 01:42:43.320]  Joe has the license that is required. That's why his evidence is competent.
[01:42:43.320 --> 01:42:53.320]  Whether it comes from Bloomberg, whether it comes from a plethora of any other non-public accessible databases, he's got what you need.
[01:42:53.320 --> 01:43:05.320]  Now that's a make it or break it thing in many cases. The field in litigating foreclosures from the bank side,
[01:43:05.320 --> 01:43:12.320]  the lawyers are catching on to what's going on and they're starting to call out the evidence and starting to poke holes in the evidence
[01:43:12.320 --> 01:43:16.320]  because whoever provided this is not a licensed private investigator.
[01:43:16.320 --> 01:43:24.320]  They don't have the requirements to generate evidence that can be admissible in court.
[01:43:24.320 --> 01:43:36.320]  And that's why one of the things that we've done is we're restructuring. So now, oh, you got time?
[01:43:36.320 --> 01:43:44.320]  We'll catch us when we come back. This is Joe Westphal, Randy Cowden, Rule of Law Radio. We'll be right back.
[01:43:44.320 --> 01:43:47.320]  I completely missed it.
[01:43:47.320 --> 01:43:53.320]  Okay. Our call in number is 512-646-1984. Give us a call. Get in line.
[01:43:53.320 --> 01:43:59.320]  It kind of builds up toward the end of the show and we're going toward the third segment. So give us a call.
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[01:44:03.320 --> 01:44:04.320]  Sorry.
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[01:46:01.320 --> 01:46:29.320]  Thank you.
[01:46:29.320 --> 01:46:38.320]  Okay, we are back.
[01:46:38.320 --> 01:46:47.320]  Randy Kelton, Joe Esquivel, Deborah Stevens, Rule of Law Radio, and we're talking to Troy in Colorado.
[01:46:47.320 --> 01:46:50.320]  Okay, Joe, I think you were talking when we went out.
[01:46:50.320 --> 01:46:54.320]  Yes, I'm sorry. I completely missed the clock on that one.
[01:46:54.320 --> 01:46:59.320]  So, Troy, getting back, you were asking about the Bloomberg audit.
[01:46:59.320 --> 01:47:02.320]  It depends. What are you looking to do? Where are you at?
[01:47:02.320 --> 01:47:09.320]  Because right now you're in Colorado, so you've got to be going up against the Rule 120 hearing, correct?
[01:47:09.320 --> 01:47:11.320]  I'm not quite clear on that yet.
[01:47:11.320 --> 01:47:15.320]  I'm actually just dipping my toes into the water on this.
[01:47:15.320 --> 01:47:25.320]  My goal is that I want to sue my mortgage servicing company for all the money that I've spent to them,
[01:47:25.320 --> 01:47:28.320]  because I don't believe that they've sent the money to the right place.
[01:47:28.320 --> 01:47:34.320]  Okay, hold on. What is the condition of your mortgage? Are you up to date at the present?
[01:47:34.320 --> 01:47:36.320]  Yeah, I'm absolutely up to date.
[01:47:36.320 --> 01:47:39.320]  Oh, good. You're in a good position.
[01:47:39.320 --> 01:47:45.320]  One thing you need to look at are the fees that they charged you.
[01:47:45.320 --> 01:47:50.320]  If you're looking to go back after the servicing company?
[01:47:50.320 --> 01:47:55.320]  Well, yeah, they tried to foreclose on me, and I was able to stave that off,
[01:47:55.320 --> 01:48:03.320]  and that's what I want to go after is all of that in the middle of the attorney fees that they charged me and everything else.
[01:48:03.320 --> 01:48:15.320]  Okay, hold on. In this analysis you want to do, do you want to show that they don't have agency standing or capacity?
[01:48:15.320 --> 01:48:18.320]  Absolutely.
[01:48:18.320 --> 01:48:21.320]  What are you looking to do?
[01:48:21.320 --> 01:48:26.320]  That's probably not a fair statement. You said you were taking baby steps.
[01:48:26.320 --> 01:48:34.320]  Joe, if you were going to go after the lender, where would you start?
[01:48:34.320 --> 01:48:46.320]  Well, the first thing that I have to make a determination as to whom was an interest of his mortgage loan instrument sold to.
[01:48:46.320 --> 01:48:49.320]  You would need to know.
[01:48:49.320 --> 01:48:57.320]  The loan originated with National City Mortgages and that was sold to PNC, and then PNC tried to foreclose on me.
[01:48:57.320 --> 01:49:03.320]  All right. Was your loan with the GSE?
[01:49:03.320 --> 01:49:05.320]  I'm sorry, what's that?
[01:49:05.320 --> 01:49:09.320]  Is your loan either a Fannie Mae, Freddie Mac, or Ginny Mae?
[01:49:09.320 --> 01:49:13.320]  Ginny.
[01:49:13.320 --> 01:49:20.320]  Joe, Steve, isn't National City Mortgage out of business?
[01:49:20.320 --> 01:49:24.320]  National City Mortgage is out of business. They went out of business in 2009.
[01:49:24.320 --> 01:49:29.320]  I have been fighting National City, aka PNC, for the past four years.
[01:49:29.320 --> 01:49:37.320]  Okay. Troy, have you looked in the records for the county recorder?
[01:49:37.320 --> 01:49:42.320]  Yes, I have and it's listed as MERS as holding the note.
[01:49:42.320 --> 01:49:52.320]  No, it's listed MERS as being beneficiary to your deed of trust because MERS cannot hold the tangible promissory note.
[01:49:52.320 --> 01:50:01.320]  MERS can only operate in the electronic world and MERS is listed as an electronic agent.
[01:50:01.320 --> 01:50:17.320]  Troy, at the bottom of the page on your deed of trust, does it say Fannie Mae, Freddie Mac, uniform instrument with MERS, with 30, I forget what Colorado is, 009, I think.
[01:50:17.320 --> 01:50:20.320]  Do you have that at the bottom of that document?
[01:50:20.320 --> 01:50:25.320]  Actually, I need to look into that document, Randy. I don't have it in front of me right now.
[01:50:25.320 --> 01:50:38.320]  Okay. You most likely do. And if you look at the first two paragraphs of the contract itself, the first couple pages are definitions.
[01:50:38.320 --> 01:50:44.320]  Where MERS is in there, it's just a definition of MERS. It doesn't assign MERS anything. It just defines them.
[01:50:44.320 --> 01:50:50.320]  The first paragraph of the contract is the transfer of property rights.
[01:50:50.320 --> 01:51:01.320]  You're in Colorado. That's a judicial state. The contract will purport to transfer legal title to the trustee.
[01:51:01.320 --> 01:51:09.320]  Look at the very next paragraph. It starts out together with all improvements and additions.
[01:51:09.320 --> 01:51:17.320]  That was intended just to include anything you added to the property as part of this security.
[01:51:17.320 --> 01:51:31.320]  But right in the middle of that, they break it and they say, you understand that MERS is not the beneficiary, but only holds legal title.
[01:51:31.320 --> 01:51:35.320]  What's wrong with that picture?
[01:51:35.320 --> 01:51:38.320]  Title is rights. They haven't acquired any.
[01:51:38.320 --> 01:51:50.320]  Well, I'm not talking about what they have or have not acquired. I'm talking about what the document itself purports to do.
[01:51:50.320 --> 01:52:03.320]  If that document is a trust document, the legal title, not beneficial interest, is transferred to the trustee to hold in trust for the benefit of both parties.
[01:52:03.320 --> 01:52:10.320]  Correct. But in the very next paragraph, they assign legal title to MERS.
[01:52:10.320 --> 01:52:15.320]  You can't do that. That's not a trust. That's a grant.
[01:52:15.320 --> 01:52:24.320]  And in Texas, there's a specific statute forbidding that. You've probably got the same thing in Colorado.
[01:52:24.320 --> 01:52:32.320]  It's unfair, Randy, but what they've been doing with these people up here just in my neighborhood that I see, it's a mess.
[01:52:32.320 --> 01:52:35.320]  Oh, yeah. Colorado is a mess. Every state is a mess.
[01:52:35.320 --> 01:52:39.320]  Have you read the book of the law by Frederick Bastier?
[01:52:39.320 --> 01:52:44.320]  Seventy four page book written back in seventeen hundred something.
[01:52:44.320 --> 01:52:48.320]  It just the talk discussion is legal plunder.
[01:52:48.320 --> 01:52:56.320]  And this is what's going on. I actually had an opportunity to tell a J.P. judge that out behind the courthouse the other day.
[01:52:56.320 --> 01:53:02.320]  It was kind of funny. Fire alarms went off and we all held court out in the parking lot.
[01:53:02.320 --> 01:53:10.320]  But I had an opportunity to bring up the topic of legal plunder and what the bank's attorneys are using the courts for.
[01:53:10.320 --> 01:53:16.320]  And what they're doing is they're taking all of the steam away from the middle class.
[01:53:16.320 --> 01:53:20.320]  This is this is a textbook definition of legal plunder.
[01:53:20.320 --> 01:53:23.320]  There is no other definition for what they're doing.
[01:53:23.320 --> 01:53:27.320]  What was the name of that book again, Joe? I'm sorry?
[01:53:27.320 --> 01:53:30.320]  I mean, what was the name of that book again? Frederick what?
[01:53:30.320 --> 01:53:36.320]  Oh, the law by Frederick Bastier. It's spelled Bastiat.
[01:53:36.320 --> 01:53:42.320]  It's a French name. Bastier. You can get it online. Read it for free.
[01:53:42.320 --> 01:53:54.320]  Where I was going, Troy, was look at the documents in the county record and see who transferred what to whom.
[01:53:54.320 --> 01:53:58.320]  The thing that led me there is naturally Morgan's out of business.
[01:53:58.320 --> 01:54:09.320]  So was there an alleged transfer of a right or interest filed in the record?
[01:54:09.320 --> 01:54:24.320]  Supposedly MERS is acting as an agent for the holder and transferring an interest to someone else when the holder is out of business.
[01:54:24.320 --> 01:54:30.320]  Well, actually, my note, Randy, National City Murders or PNC never appears on my county records.
[01:54:30.320 --> 01:54:33.320]  It just shows up as MERS.
[01:54:33.320 --> 01:54:42.320]  OK, then does the original deed of trust will show who the lender was?
[01:54:42.320 --> 01:54:45.320]  That should have National City Mortgage on it.
[01:54:45.320 --> 01:54:47.320]  Yes, that was National City Mortgage, yes.
[01:54:47.320 --> 01:55:04.320]  OK, do you have anything transferring National City Mortgage's interest to some other entity or purporting to make a transfer that is dated after National City Mortgage went out of business?
[01:55:04.320 --> 01:55:10.320]  All that I got was a letter that basically stated that PNC was taking over National City Mortgage.
[01:55:10.320 --> 01:55:16.320]  OK, hold on, hold on. What I'm talking about is what has been filed with the county records.
[01:55:16.320 --> 01:55:18.320]  Yeah, what's in the public record?
[01:55:18.320 --> 01:55:19.320]  OK, you're taking baby steps.
[01:55:19.320 --> 01:55:23.320]  Here is the very first step to take.
[01:55:23.320 --> 01:55:42.320]  Go to the county recorder's office and tell one of the clerks in there at the recorder of deeds and tell them that you're computer intolerant and you don't know how to use these newfangled devices.
[01:55:42.320 --> 01:55:45.320]  Computer intolerant, I like that.
[01:55:45.320 --> 01:55:50.320]  Well, I like those illiterate.
[01:55:50.320 --> 01:55:53.320]  Well, Michael Badneric, he's a good friend of mine.
[01:55:53.320 --> 01:55:56.320]  A lot of you know Michael Badneric, he's never been married.
[01:55:56.320 --> 01:55:59.320]  And I ask him, why ain't you ever been married, Michael?
[01:55:59.320 --> 01:56:04.320]  He said, oh, I'm estrogen intolerant.
[01:56:04.320 --> 01:56:10.320]  So you tell him you're computer intolerant, that you're not knowledgeable about these newfangled gadgets.
[01:56:10.320 --> 01:56:20.320]  Will you do a search on the property at this address and give me a list of everything you find there?
[01:56:20.320 --> 01:56:26.320]  And let the clerk run the search however they run it.
[01:56:26.320 --> 01:56:31.320]  And I'm sure they'll ask you your name because they almost always do it by name.
[01:56:31.320 --> 01:56:32.320]  Yeah.
[01:56:32.320 --> 01:56:39.320]  And then they'll give you, they'll get a printout and ask if you can get a copy of that printout so you can go look up these documents.
[01:56:39.320 --> 01:56:49.320]  And they'll generally charge you a dollar or so for it and ask her if she'll just note on this deal how much it cost.
[01:56:49.320 --> 01:56:54.320]  You want her to put her hand on that some way, him or her.
[01:56:54.320 --> 01:57:03.320]  That makes it as good as a certified document because you can call that person into court, say, see this mark on this document, did you put that mark there?
[01:57:03.320 --> 01:57:04.320]  And they say, yes, I did.
[01:57:04.320 --> 01:57:06.320]  That's as good as certified.
[01:57:06.320 --> 01:57:17.320]  Now you have a listing of all of the documents filed in the record for that property that are publicly available.
[01:57:17.320 --> 01:57:20.320]  You don't really care what else has been filed.
[01:57:20.320 --> 01:57:24.320]  If it's not publicly available, it don't make any difference.
[01:57:24.320 --> 01:57:26.320]  Now look at those.
[01:57:26.320 --> 01:57:29.320]  Deed of trust should be the first warranty deed, then deed of trust.
[01:57:29.320 --> 01:57:31.320]  Look at that deed of trust.
[01:57:31.320 --> 01:57:33.320]  Who is the lender?
[01:57:33.320 --> 01:57:41.320]  The lender is the one that was initially intended to be the holder.
[01:57:41.320 --> 01:57:44.320]  So who transferred what to whom?
[01:57:44.320 --> 01:57:49.320]  Who appointed trustees and what authority did they have to do what they claimed to do?
[01:57:49.320 --> 01:57:55.320]  Were the transfers made by a company still in business?
[01:57:55.320 --> 01:58:07.320]  Hers can claim to be the agent for the lender or his successors and assigns, but they're not successors and assigns unless they're filed in that record.
[01:58:07.320 --> 01:58:11.320]  So see if all the pieces fit.
[01:58:11.320 --> 01:58:15.320]  And then go send all that to Joe.
[01:58:15.320 --> 01:58:19.320]  Then you get a good audit.
[01:58:19.320 --> 01:58:27.320]  He's going to look at those and he's going to make those connections and he'll go in and find out what actually happened with it.
[01:58:27.320 --> 01:58:35.320]  And then you have the bank coming and they're going to make claims of what happened and you're going to go say, wait a minute, that's not in the record.
[01:58:35.320 --> 01:58:39.320]  And if it's not in the record, the court can't see it.
[01:58:39.320 --> 01:58:42.320]  Hang on, we'll pick this up and get back on the other side.
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