[00:00.000 --> 00:07.000]  This is the Liberty Beat, your daily source for Liberty news and activist updates.
[00:07.000 --> 00:09.000]  Online at thelibertybeat.com.
[00:09.000 --> 00:14.000]  I'm Brian Hagan with your Liberty Beat for Friday, April 11th, 2014.
[00:14.000 --> 00:17.000]  Gold opened today at $1,322.
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[01:07.000 --> 01:12.000]  In the news today, Health and Human Services Secretary Kathleen Sebelius is resigning.
[01:12.000 --> 01:16.000]  Her resignation comes after she helped oversee the disastrous rollout
[01:16.000 --> 01:19.000]  of both Obamacare itself and the accompanying website.
[01:19.000 --> 01:23.000]  Reuters reports Sebelius' departure removes a key target for critics,
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[01:30.000 --> 01:34.000]  A 30-year-old production assistant for TV's Tosh.0 is dead,
[01:34.000 --> 01:38.000]  shot to death by the Los Angeles County Sheriff's Department.
[01:38.000 --> 01:43.000]  The Los Angeles Times reports officers mistook John Winkler as a suspect in a stabbing.
[01:43.000 --> 01:46.000]  That came as Winkler went into a neighboring apartment
[01:46.000 --> 01:50.000]  in an attempt to help three occupants who were being held at Dye Point.
[01:50.000 --> 01:54.000]  As he fled with one of the victims, shots were fired, leaving Winkler dead.
[01:54.000 --> 01:58.000]  The actual 27-year-old suspect was caught later.
[01:58.000 --> 02:04.000]  Beginning April 15th, Google will begin taking online orders for its controversial device, Google Glass.
[02:04.000 --> 02:10.000]  The glasses allow users to interact with their environment and will be sold around $1,500.
[02:10.000 --> 02:14.000]  While wearing the gadget, viewers will receive publicly available information.
[02:14.000 --> 02:17.000]  Critics of the tool believe it violates the privacy of individuals
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[02:50.000 --> 02:55.000]  This is the Liberty Beat for Friday, April 11, 2014.
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[03:17.000 --> 03:39.000]  Okay, we are back.
[03:39.000 --> 03:46.000]  Randy Kelton, Joe Esquivel, and Steve Skidmore.
[03:46.000 --> 03:50.000]  We're talking to John in Austin.
[03:50.000 --> 03:54.000]  John, did we pretty well get your questions answered?
[03:54.000 --> 03:57.000]  Yes, you helped me get moving in the right direction.
[03:57.000 --> 03:59.000]  Reflecting on what y'all said to me,
[03:59.000 --> 04:04.000]  it says that this fuzz number is filed,
[04:04.000 --> 04:07.000]  Capital One Bank vs. Daisy's Air.
[04:07.000 --> 04:11.000]  These guys purchased this, like, sounds like it's quite probable.
[04:11.000 --> 04:15.000]  Is that the way that it should be, or they didn't do it that way?
[04:15.000 --> 04:19.000]  Capital One Bank is representing, I guess, Capital One Bank.
[04:19.000 --> 04:27.000]  Okay, rule, never presume.
[04:27.000 --> 04:33.000]  Just because somebody says something doesn't make it so.
[04:33.000 --> 04:37.000]  Never stipulate to anything.
[04:37.000 --> 04:41.000]  And when you presume something is so, you stipulate.
[04:41.000 --> 04:47.000]  If you come before the court and you make a proactive statement of fact or law,
[04:47.000 --> 04:51.000]  the other side doesn't have to accept that.
[04:51.000 --> 04:55.000]  If you make a proactive statement of fact or law,
[04:55.000 --> 05:02.000]  and that proactive statement is neither challenged or objected to,
[05:02.000 --> 05:07.000]  then it is presumed on the face of it to be valid.
[05:07.000 --> 05:13.000]  It establishes your position prima facie.
[05:13.000 --> 05:18.000]  So in order to keep something from being prima facially valid,
[05:18.000 --> 05:20.000]  you have to object to it.
[05:20.000 --> 05:24.000]  So you object to everything.
[05:24.000 --> 05:28.000]  These guys claim that they are collecting for this bank.
[05:28.000 --> 05:31.000]  Okay, prove it.
[05:31.000 --> 05:36.000]  Well, you got this loan from this bank and you signed this note, prove it.
[05:36.000 --> 05:39.000]  You got this document here with your signature on it.
[05:39.000 --> 05:45.000]  You look at it, is it the original document that you actually signed?
[05:45.000 --> 05:56.000]  Or is it prima facie evidence of an original document in the form of a copy?
[05:56.000 --> 06:01.000]  So the question becomes, have you ever seen that copy before?
[06:01.000 --> 06:04.000]  Did you sign that copy?
[06:04.000 --> 06:08.000]  If you didn't sign that copy and haven't seen that copy before,
[06:08.000 --> 06:13.000]  then you tell the court, I've never seen this before, I did not sign this document.
[06:13.000 --> 06:15.000]  That is not my signature.
[06:15.000 --> 06:18.000]  That is not my signature.
[06:18.000 --> 06:23.000]  That may be a photographic representation of my signature,
[06:23.000 --> 06:27.000]  but just because it's a photographic representation of my signature
[06:27.000 --> 06:31.000]  doesn't mean that it's a photographic representation of the signature
[06:31.000 --> 06:35.000]  I actually put on an original document of this type.
[06:35.000 --> 06:37.000]  Now, that's an explanation.
[06:37.000 --> 06:39.000]  I wouldn't go into that in court myself.
[06:39.000 --> 06:41.000]  I would not tell the judge that.
[06:41.000 --> 06:45.000]  I would stop at, no, Your Honor, I've never seen this document before
[06:45.000 --> 06:47.000]  and that is not my signature.
[06:47.000 --> 06:49.000]  Keep your mouth shut and hold, stick to it.
[06:49.000 --> 06:51.000]  Yeah, and he's correct there.
[06:51.000 --> 06:57.000]  I was saying this to frame this in a way so you understand why we're saying this.
[06:57.000 --> 06:59.000]  I need help to understand, that's for sure.
[06:59.000 --> 07:02.000]  Well, you guys have spent a lot of time with me and I know you've got other people.
[07:02.000 --> 07:07.000]  Thank you so very much and I will go online and get in touch with this other court.
[07:07.000 --> 07:09.000]  We'll cede you a bill in the morning.
[07:09.000 --> 07:10.000]  All right.
[07:10.000 --> 07:16.000]  And John, if you've never read, if you're not familiar with court procedure
[07:16.000 --> 07:20.000]  or how to draft documents while you're there getting the Mike Mears package,
[07:20.000 --> 07:22.000]  look into Jurisdictionary.
[07:22.000 --> 07:28.000]  Jurisdictionary is, I call it a lawyer on four CDs or a lawyer in a tin can.
[07:28.000 --> 07:33.000]  I also call it an attorney's owner's manual.
[07:33.000 --> 07:40.000]  But the Jurisdictionary package is put together by Dr. Frederick Graves.
[07:40.000 --> 07:49.000]  He's a retired legal counsel in Florida and he has put together the absolute best
[07:49.000 --> 07:58.000]  pro se help package, self-help package known to the legal world and that is called Jurisdictionary.
[07:58.000 --> 08:00.000]  Look into that while you're there on the website.
[08:00.000 --> 08:02.000]  Thank you so very much, fellas.
[08:02.000 --> 08:03.000]  I really appreciate it.
[08:03.000 --> 08:04.000]  Quite welcome.
[08:04.000 --> 08:05.000]  Good night.
[08:05.000 --> 08:06.000]  All right.
[08:06.000 --> 08:07.000]  Okay.
[08:07.000 --> 08:08.000]  Thank you, John.
[08:08.000 --> 08:11.000]  Now we're going to go to Bernice in Arkansas.
[08:11.000 --> 08:12.000]  Hello, Bernice.
[08:12.000 --> 08:14.000]  Hi, Randy.
[08:14.000 --> 08:16.000]  It's been a long time since I've talked with you.
[08:16.000 --> 08:18.000]  How's everything going?
[08:18.000 --> 08:23.000]  It's going good and I'm glad you called because yesterday I was looking for your number.
[08:23.000 --> 08:25.000]  I hadn't talked to you in a while.
[08:25.000 --> 08:31.000]  And I had put your number on the wrong name.
[08:31.000 --> 08:36.000]  Some guy in Illinois kept calling me and I kept calling him Bernice.
[08:36.000 --> 08:42.000]  I guess he thought I was trying to be his good buddy.
[08:42.000 --> 08:48.000]  Okay, so tell me what you were going to tell me.
[08:48.000 --> 08:58.000]  Oh, you have a foreclosure issue and I was going back through everybody I had talked to
[08:58.000 --> 09:01.000]  and wanted to see if I had missed anything.
[09:01.000 --> 09:02.000]  Okay.
[09:02.000 --> 09:05.000]  And I realized I hadn't talked to you in a while.
[09:05.000 --> 09:14.000]  Yeah, one of the things that we talked about some time ago and we are now into the foreclosure process.
[09:14.000 --> 09:24.000]  So there were two things that kind of related and that is the original lender was George Mason,
[09:24.000 --> 09:28.000]  who of course transferred it over to Countrywide.
[09:28.000 --> 09:38.000]  And when I sent him a QWR or validation letter, I never received a reply from them, response from them ever.
[09:38.000 --> 09:41.000]  And I did it several times.
[09:41.000 --> 09:44.000]  And the same thing was true of Freddie Mac.
[09:44.000 --> 09:47.000]  I sent Freddie Mac the same kind of information.
[09:47.000 --> 09:58.000]  Now, we had talked about this and you said I should do a motion for was it default judgment or declaratory judgment?
[09:58.000 --> 10:07.000]  No, this would go to quiet title on the security instrument.
[10:07.000 --> 10:10.000]  Bernice, let me interrupt for a second.
[10:10.000 --> 10:11.000]  This is Joe.
[10:11.000 --> 10:19.000]  When you say that George Mason sold to Countrywide, what did they sell to Countrywide?
[10:19.000 --> 10:21.000]  Can you elaborate on that?
[10:21.000 --> 10:32.000]  Well, we had just gotten, I have just received your big report and I picked it up at the office supply place today.
[10:32.000 --> 10:41.000]  I have not seen Joe, so I don't know the answer to that until I read the information that you and your firm have said to me.
[10:41.000 --> 10:42.000]  Good.
[10:42.000 --> 10:51.000]  So what they did was what you have to understand is they sold, again, if there is an endorsement to Countrywide,
[10:51.000 --> 10:56.000]  then there was negotiation transfer and delivery of the tangible promissory note.
[10:56.000 --> 11:00.000]  And then from Countrywide, it went to Freddie Mac.
[11:00.000 --> 11:07.000]  But what went was a interest of the mortgage loan instrument.
[11:07.000 --> 11:10.000]  So you have to be careful.
[11:10.000 --> 11:12.000]  You go right to quiet title.
[11:12.000 --> 11:19.000]  Before you go to quiet title, in my opinion, I would go for declaratory relief first.
[11:19.000 --> 11:20.000]  Hold on.
[11:20.000 --> 11:24.000]  That's exactly what I'm talking about, quiet title, this declaratory relief.
[11:24.000 --> 11:34.000]  And where I was going is what you're speaking to on the QWR and the debt validation letter,
[11:34.000 --> 11:38.000]  those are federal consumer protection acts.
[11:38.000 --> 11:39.000]  Okay.
[11:39.000 --> 11:52.000]  You don't want to go after the remedy provided by the legislature in the FDCPA and the Truth and Lending Act because your time is ran.
[11:52.000 --> 11:54.000]  Right.
[11:54.000 --> 12:05.000]  Where you go is a contractual violation of Covenant 14 or 15, whichever it happens to land, in the security instrument
[12:05.000 --> 12:14.000]  where all required notices were required to be given by certified mail.
[12:14.000 --> 12:22.000]  In this case, and I'm sorry, 15 and 16 were Julius, 15 is all the notices.
[12:22.000 --> 12:30.000]  16 is both parties agreed to all federal, state, and local laws.
[12:30.000 --> 12:45.000]  By not responding to the notice as required to by 15, they violated a law that they agreed not to violate in 16.
[12:45.000 --> 12:47.000]  Those are contractual violations.
[12:47.000 --> 13:02.000]  Now you go to the court and say, when you produce this instrument, you granted certain privileges to the lender based on certain conditions.
[13:02.000 --> 13:04.000]  He has breached those conditions.
[13:04.000 --> 13:13.000]  He cannot now come and claim the privilege, the privilege of a claim against a property or a confessed judgment.
[13:13.000 --> 13:19.000]  If it's a judicial state, you've given them a claim against the property, so they don't actually sue you.
[13:19.000 --> 13:22.000]  They do an in rim suit against the property.
[13:22.000 --> 13:23.000]  I see.
[13:23.000 --> 13:26.000]  You granted a claim against the property.
[13:26.000 --> 13:35.000]  If it's a non-judicial state, you also granted them a confessed judgment, so they don't even have to go to court.
[13:35.000 --> 13:46.000]  But you go to the court and say, they can't come here and claim these privileges when they've breached the conditions under which they could claim the privileges.
[13:46.000 --> 13:53.000]  And then you go down to Covenant 20, and Joe will talk about that one.
[13:53.000 --> 13:55.000]  Right.
[13:55.000 --> 14:01.000]  Yeah, Covenant 20, again, it all depends.
[14:01.000 --> 14:05.000]  I agree with what you're saying, Randy, again.
[14:05.000 --> 14:10.000]  I would have to go and pull up your file, Bernice, and see exactly where you are at.
[14:10.000 --> 14:11.000]  Yes.
[14:11.000 --> 14:14.000]  That's the first and foremost thing that I would need to do.
[14:14.000 --> 14:29.000]  But as far as the debt validation letter, if the note was properly negotiated to Countrywide, then you would go to Bank of America and send Bank of America a debt validation letter, in my opinion.
[14:29.000 --> 14:32.000]  I've done that.
[14:32.000 --> 14:49.000]  So, again, I'm not sure whom the debt validation letter went to, but to just send it to George Mason, and if George Mason had sold the instrument to another party, then I would send the debt validation letter to that other party.
[14:49.000 --> 14:56.000]  Generally, a debt validation letter will go to whoever is claiming to be the servicer.
[14:56.000 --> 15:10.000]  Okay, I had sent the debt validation letter to everybody whose name and address I had, including Countrywide, which was no longer in business and, of course, was returned undeliverable.
[15:10.000 --> 15:11.000]  Oh, wonderful.
[15:11.000 --> 15:12.000]  So I sent it to George Mason.
[15:12.000 --> 15:14.000]  I sent it to Countrywide.
[15:14.000 --> 15:15.000]  I sent it to Bank of America.
[15:15.000 --> 15:21.000]  I sent it to all of Bank of America's so-called debt collector servicers.
[15:21.000 --> 15:22.000]  Okay.
[15:22.000 --> 15:34.000]  When I talked about declaratory judgment, what you're looking to do is you're not making any specific claims against the lender.
[15:34.000 --> 15:44.000]  You file a quiet title action, and you use these violations to say, this document is void and unenforceable.
[15:44.000 --> 16:00.000]  You don't ask for any damages or anything else. All you ask is the judge to look at this document, look at the evidence, and make a determination as to whether or not the lender breached covenants of this contract, and therefore cannot claim the privilege.
[16:00.000 --> 16:04.000]  And you get a judgment claiming that the document is void.
[16:04.000 --> 16:05.000]  Okay.
[16:05.000 --> 16:11.000]  Would now we go with Flandreau title rather than using the quiet title action at this point?
[16:11.000 --> 16:16.000]  It depends on the nature of the issues.
[16:16.000 --> 16:25.000]  I've looked at Flandreau title and quiet title, and it's really a fine line to figure out what the difference is.
[16:25.000 --> 16:32.000]  But what the case law says is whatever you call it, the court must treat it for what it is.
[16:32.000 --> 16:33.000]  Right.
[16:33.000 --> 16:41.000]  We still have to back it up statutorily.
[16:41.000 --> 16:48.000]  Okay, hang on. We're about to go to break again. This is Randy Kelton, Joe Esquivel, Steve Skidmore, Rule of Law Radio.
[16:48.000 --> 17:00.000]  I called in number 512-646-1984. Give us a call. It's getting late. Bill's up. Get in line. We'll be right back.
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[18:49.000 --> 19:00.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-f at yahoo.com to learn how to stop debt collectors now.
[19:00.000 --> 19:11.000]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:11.000 --> 19:17.000]  Well, don't let nothing get to you. Only the Father can deliver you.
[19:17.000 --> 19:23.000]  Don't let bad-minded people hurt you until they can get behind you.
[19:23.000 --> 19:30.000]  Know what I mean, my friend? No, not your children.
[19:53.000 --> 20:21.000]  Okay, we are back. Joe Esquivel and Steve Skidmore are talking to Bernice in Arkansas.
[20:21.000 --> 20:27.000]  Arkansas? Arkansas, honey. Arkansas. Oh, that's right.
[20:27.000 --> 20:31.000]  She's not speaking Hulkingly, though. She's speaking English. What's the deal?
[20:31.000 --> 20:36.000]  She is. Something's wrong. She must have been imported.
[20:36.000 --> 20:42.000]  Something else is wrong. My music is not fading. Can you still hear the music?
[20:42.000 --> 20:48.000]  No. No. Do we need to have you examined, Randy?
[20:48.000 --> 20:53.000]  No, my board shows that the volume is still up on the background music.
[20:53.000 --> 20:58.000]  We're good. Okay, Bernice, where were we?
[20:58.000 --> 21:01.000]  Hello? Yes, ma'am.
[21:01.000 --> 21:05.000]  I have a couple of other questions. You had talked about bar grievances many times,
[21:05.000 --> 21:12.000]  and I'm looking to do one, and I need to know where to find the information.
[21:12.000 --> 21:22.000]  Okay, my bar grievance site is down, but I have LegalEarth.net is up.
[21:22.000 --> 21:27.000]  Say that again? Oh, no. That's not good either.
[21:27.000 --> 21:32.000]  I put the standards up on LegalEarth.net, but there's a link missing.
[21:32.000 --> 21:40.000]  Okay. I will go in and fix some links. I've got actually the wrong one up there.
[21:40.000 --> 21:47.000]  Or I'll talk to the right guy and see if I can get bar grievance back up.
[21:47.000 --> 21:56.000]  But the place to look are the standards of professional conduct or professional ethics for your state.
[21:56.000 --> 22:05.000]  All states, I think, but two or three adopted the American Bar Association model standards.
[22:05.000 --> 22:10.000]  Okay. And even if they didn't, it doesn't matter.
[22:10.000 --> 22:15.000]  Okay. What is unethical conduct is unethical conduct.
[22:15.000 --> 22:22.000]  Yes. So if you can't find the bar standards for Arkansas,
[22:22.000 --> 22:29.000]  just go to American Bar Association model standards, and you will find the standards.
[22:29.000 --> 22:37.000]  You might go to LegalEarth.net, and when it comes up, in the middle of the screen, you scroll down a little bit,
[22:37.000 --> 22:40.000]  you will see three separate maps that I have built.
[22:40.000 --> 22:42.000]  All right.
[22:42.000 --> 22:48.000]  The third one all the way to the right is the American Bar Association model standards.
[22:48.000 --> 22:55.000]  Click on that, and it's set up so it's real easy to find them, find the grievances in a map format.
[22:55.000 --> 23:05.000]  My problem is the very last section has a link to the actual standard,
[23:05.000 --> 23:08.000]  and the link may actually be valid.
[23:08.000 --> 23:12.000]  It may take you to the standard itself, but I haven't had time to check it.
[23:12.000 --> 23:19.000]  If it doesn't, then you can go to the American Bar Association standards, the American Bar Association page,
[23:19.000 --> 23:25.000]  and this map will help you find the one you want, and then go to their page and find the exact standard.
[23:25.000 --> 23:26.000]  Oh, good.
[23:26.000 --> 23:31.000]  You'll find that set up so it's real easy to find what you're after.
[23:31.000 --> 23:32.000]  Right.
[23:32.000 --> 23:42.000]  But looking at that, and Arkansas will have a form that you can go to their Bar Association website and find the form.
[23:42.000 --> 23:43.000]  Okay.
[23:43.000 --> 23:49.000]  And then what I suggest you do is read the standard.
[23:49.000 --> 23:56.000]  If you just go through these things, you'll be amazed at what you can hammer a lawyer for.
[23:56.000 --> 24:06.000]  No lawyer, I have a book on malpractice, and I assure you no lawyer who is a lawyer read this book before he went to law school.
[24:06.000 --> 24:08.000]  Yes.
[24:08.000 --> 24:11.000]  There's so much to learn, isn't there, Randy?
[24:11.000 --> 24:13.000]  Yeah, there is.
[24:13.000 --> 24:17.000]  And this, the lawyers don't learn until they get out of law school.
[24:17.000 --> 24:22.000]  That's when they get, uh-oh, what did I get into?
[24:22.000 --> 24:23.000]  Okay.
[24:23.000 --> 24:25.000]  But go there, you can find them.
[24:25.000 --> 24:30.000]  I will try by next week to have that fixed on LegalEarth.net.
[24:30.000 --> 24:34.000]  I want it available on there so it's easier to locate.
[24:34.000 --> 24:35.000]  Yes.
[24:35.000 --> 24:36.000]  Okay, one more thing.
[24:36.000 --> 24:38.000]  You might look around on LegalEarth.net.
[24:38.000 --> 24:43.000]  I've got some pretty cool stuff up there, some of the technologies we're working on.
[24:43.000 --> 24:51.000]  I was just in a meeting today for some investors to back setting up the litigation engine.
[24:51.000 --> 24:57.000]  And LegalEarth.net has some examples of some of the technologies we've developed for this purpose.
[24:57.000 --> 24:59.000]  Oh, okay.
[24:59.000 --> 25:01.000]  You might find it interesting.
[25:01.000 --> 25:03.000]  Always, yes.
[25:03.000 --> 25:04.000]  Okay.
[25:04.000 --> 25:14.000]  One more thing here, number Randy, is the property is the property that's under foreclosure has tenants in it.
[25:14.000 --> 25:26.000]  And so the opposing attorneys or the collectors for the debt have sent them letters to where the tenants refuse to pay the rent now,
[25:26.000 --> 25:34.000]  will not talk to me, and we've had a friendly correspondence all this time.
[25:34.000 --> 25:37.000]  Wouldn't that go to authorities' interference, Randy?
[25:37.000 --> 25:41.000]  That's exactly where I was going to go, interference with private contracts.
[25:41.000 --> 25:45.000]  Have they foreclosed on the property yet?
[25:45.000 --> 25:48.000]  I'm sorry, say that again?
[25:48.000 --> 25:55.000]  Did the, have the lenders foreclosed on the property or are they still in the process?
[25:55.000 --> 25:56.000]  They're still in the process.
[25:56.000 --> 25:59.000]  We're in the mediation part of it.
[25:59.000 --> 26:02.000]  Do you have assignment of rents?
[26:02.000 --> 26:03.000]  I'm sorry?
[26:03.000 --> 26:05.000]  Within your contracts?
[26:05.000 --> 26:09.000]  I do have a lease with the tenants, yes.
[26:09.000 --> 26:13.000]  No, I'm saying do you have what's called assignment of rents?
[26:13.000 --> 26:15.000]  Assignment of rents?
[26:15.000 --> 26:16.000]  Not yet.
[26:16.000 --> 26:17.000]  I haven't seen one.
[26:17.000 --> 26:29.000]  An assignment of rent means there's a clause in your contract that says should there be a default in the payment stream,
[26:29.000 --> 26:35.000]  that the money from the rent is to go to the bank.
[26:35.000 --> 26:37.000]  Okay, I do not know about that.
[26:37.000 --> 26:41.000]  I would have to pull out the contract and look.
[26:41.000 --> 26:45.000]  That's a standard clause and you probably do have it.
[26:45.000 --> 26:47.000]  All right.
[26:47.000 --> 26:51.000]  But you could still sue them for tortures in appearance of the contract.
[26:51.000 --> 26:53.000]  Okay, so how do I do that?
[26:53.000 --> 27:01.000]  Do I file that before we go into the foreclosure process because now we're going into the mediation
[27:01.000 --> 27:05.000]  or do I do it during the foreclosure proceeding?
[27:05.000 --> 27:07.000]  How do I go from here?
[27:07.000 --> 27:13.000]  I think that would be something you'd go ahead and do while you're, that's a separate issue.
[27:13.000 --> 27:15.000]  That doesn't have to do with foreclosure.
[27:15.000 --> 27:17.000]  It's a separate issue.
[27:17.000 --> 27:19.000]  So file a separate suit against them.
[27:19.000 --> 27:20.000]  Okay.
[27:20.000 --> 27:22.000]  In the end, it's all about the money.
[27:22.000 --> 27:23.000]  Yes.
[27:23.000 --> 27:29.000]  And if you sue the lawyers for malpractice, you sue the lawyers themselves for taking this action,
[27:29.000 --> 27:31.000]  it's going to hurt them big time.
[27:31.000 --> 27:32.000]  Okay.
[27:32.000 --> 27:36.000]  Win, lose, or draw, their malpractice insurance will go through the roof.
[27:36.000 --> 27:37.000]  Okay.
[27:37.000 --> 27:39.000]  So this is a dog fight.
[27:39.000 --> 27:43.000]  So we sting them where we can.
[27:43.000 --> 27:53.000]  But main thing, even while you're in mediation, is get, you know, you've got Joe's evaluation,
[27:53.000 --> 27:58.000]  use that to try to strike down the security instrument.
[27:58.000 --> 28:00.000]  Okay.
[28:00.000 --> 28:03.000]  If you get that thing stricken in court, then it's over.
[28:03.000 --> 28:04.000]  Not just the security instrument.
[28:04.000 --> 28:06.000]  That thing goes to the note.
[28:06.000 --> 28:09.000]  They're both actually, it, okay.
[28:09.000 --> 28:10.000]  You can't do that though.
[28:10.000 --> 28:12.000]  Wait, wait, wait, wait.
[28:12.000 --> 28:15.000]  Let me explain this.
[28:15.000 --> 28:20.000]  Your mortgage instrument consists of two instruments.
[28:20.000 --> 28:23.000]  One negotiable, one security.
[28:23.000 --> 28:25.000]  Okay.
[28:25.000 --> 28:32.000]  You cannot get rid of the security so long as there is an underlying debt for it to be attached to.
[28:32.000 --> 28:40.000]  You cannot get rid of the underlying debt until you show the results of what Joe found.
[28:40.000 --> 28:41.000]  Right.
[28:41.000 --> 28:42.000]  Okay.
[28:42.000 --> 28:50.000]  That's one of the things in many states where they say until there has been satisfaction payment or discharge of debt,
[28:50.000 --> 28:53.000]  can you come forth with a quiet title action?
[28:53.000 --> 28:54.000]  Okay.
[28:54.000 --> 29:02.000]  So it depends on the requirements that your state has.
[29:02.000 --> 29:07.000]  So that's something that, you know, you have to look up before you do anything.
[29:07.000 --> 29:11.000]  You know, what are the statutory requirements of law for your state?
[29:11.000 --> 29:12.000]  Okay, yes.
[29:12.000 --> 29:16.000]  I have a bunch of homework I've got to do.
[29:16.000 --> 29:18.000]  Okay.
[29:18.000 --> 29:19.000]  Randy can help you with that.
[29:19.000 --> 29:23.000]  He's a good homework person.
[29:23.000 --> 29:26.000]  Well, the thing that I'm looking to go at,
[29:26.000 --> 29:36.000]  and I can't see how a state could require you to satisfy a debt before you claim breach of contract.
[29:36.000 --> 29:38.000]  It's in the statutory requirements.
[29:38.000 --> 29:39.000]  I know the state of Nevada has them.
[29:39.000 --> 29:44.000]  They're very explicit in how you can come forth with an action.
[29:44.000 --> 29:45.000]  Okay.
[29:45.000 --> 29:51.000]  Then there has to be, in those states, there will have to be a separate remedy.
[29:51.000 --> 29:53.000]  You can't enter into a contract.
[29:53.000 --> 29:54.000]  There is.
[29:54.000 --> 29:55.000]  Hold on.
[29:55.000 --> 29:56.000]  We're about to go to break.
[29:56.000 --> 29:58.000]  This is Randy Kelton, Steve Skidmore.
[29:58.000 --> 30:03.000]  We'll be right back.
[30:03.000 --> 30:05.000]  Don't touch that dial.
[30:05.000 --> 30:08.000]  Seriously, it may be rigged to scan your hand.
[30:08.000 --> 30:09.000]  I'm Dr. Catherine Albrecht.
[30:09.000 --> 30:16.000]  Back to tell you how a children's media corporation is developing some scary sci-fi next.
[30:16.000 --> 30:18.000]  Privacy is under attack.
[30:18.000 --> 30:21.000]  When you give up data about yourself, you'll never get it back again.
[30:21.000 --> 30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.000 --> 30:28.000]  So protect your rights.
[30:28.000 --> 30:32.000]  Say no to surveillance and keep your information to yourself.
[30:32.000 --> 30:34.000]  Privacy, it's worth hanging on to.
[30:34.000 --> 30:41.000]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[30:41.000 --> 30:45.000]  Start over with StartPage.
[30:45.000 --> 30:48.000]  Bet you didn't know Disney had a research arm.
[30:48.000 --> 30:49.000]  Well, they do.
[30:49.000 --> 30:51.000]  And what they're developing is not child's play.
[30:51.000 --> 30:57.000]  How about doorknobs that recognize your touch or phones that go silent when you wave your hand?
[30:57.000 --> 31:00.000]  Or chairs that dim the lights when you lean back?
[31:00.000 --> 31:07.000]  Those are just some of the smart objects being built by Disney research where things around you will be aware,
[31:07.000 --> 31:12.000]  ever watching and anticipating your desires in an interactive, brave new world.
[31:12.000 --> 31:14.000]  But do we really want our furniture watching us?
[31:14.000 --> 31:19.000]  Once this stuff is linked to the Internet, pretty soon the walls and even the doors will talk.
[31:19.000 --> 31:21.000]  Hey, let's lock the door on that idea.
[31:21.000 --> 31:23.000]  Throw away the key.
[31:23.000 --> 31:31.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[31:31.000 --> 31:37.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:37.000 --> 31:39.000]  The government says that fire brought it down.
[31:39.000 --> 31:44.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:44.000 --> 31:47.000]  Over 6,000 of my fellow service members have given their lives.
[31:47.000 --> 31:50.000]  Thousands of my fellow force responders are dying.
[31:50.000 --> 31:51.000]  I'm not a conspiracy theorist.
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[33:33.000 --> 33:56.000]  Okay, we are back.
[33:56.000 --> 33:59.000]  Randy Kelton, Steve Kidmore, Joe Esquivel,
[33:59.000 --> 34:06.000]  and we have to finish up the fist fight over the break.
[34:06.000 --> 34:09.000]  Okay, Bernice, where were we?
[34:09.000 --> 34:12.000]  Yes, we are just about done here with my question.
[34:12.000 --> 34:17.000]  I was wondering, I have not heard anything on your broadcast recently
[34:17.000 --> 34:22.000]  about any great successes that people have had with quiet titles and wondered.
[34:22.000 --> 34:25.000]  Ah, okay.
[34:25.000 --> 34:30.000]  Glad you mentioned that, cock-a-doodle-doo.
[34:30.000 --> 34:33.000]  I had a guy out of Illinois.
[34:33.000 --> 34:39.000]  He was sued for foreclosure, and he contacted me.
[34:39.000 --> 34:43.000]  He had just a few days to get an answer in.
[34:43.000 --> 34:53.000]  And I looked at the documentation and helped him prepare a challenge to subject matter jurisdiction.
[34:53.000 --> 34:54.000]  Okay.
[34:54.000 --> 35:00.000]  We claimed that the plaintiff in the foreclosure action lacked standing
[35:00.000 --> 35:04.000]  and capacity to invoke subject matter jurisdiction at the court.
[35:04.000 --> 35:05.000]  Okay.
[35:05.000 --> 35:09.000]  And the other side filed a petition for default judgment.
[35:09.000 --> 35:10.000]  Okay.
[35:10.000 --> 35:18.000]  Claiming that the challenge to subject matter jurisdiction did not constitute an answer.
[35:18.000 --> 35:25.000]  And, you know, when proceeds filed in court were accustomed to the judges just ruling against them out of hand.
[35:25.000 --> 35:27.000]  Of course.
[35:27.000 --> 35:34.000]  They came into court, and the judge threw out the petition for default judgment.
[35:34.000 --> 35:42.000]  We filed a challenge to subject matter jurisdiction and a counterclaim in the case.
[35:42.000 --> 35:44.000]  Okay.
[35:44.000 --> 35:50.000]  So that we're saying that the judge has no power to hear plaintiffs claim,
[35:50.000 --> 35:54.000]  but he does have jurisdiction to hear our claim.
[35:54.000 --> 35:55.000]  Uh-huh.
[35:55.000 --> 36:01.000]  So they come into court, and the judge threw out their petition for default judgment,
[36:01.000 --> 36:07.000]  gave them 28 days to answer the counterclaim.
[36:07.000 --> 36:14.000]  Now, that was interesting because you're not required to answer a counterclaim.
[36:14.000 --> 36:16.000]  So that was interesting.
[36:16.000 --> 36:18.000]  Why did the judge do that?
[36:18.000 --> 36:21.000]  He ordered them to answer the counterclaim.
[36:21.000 --> 36:23.000]  Uh-huh.
[36:23.000 --> 36:28.000]  I think he did that because he looked at the challenge to subject matter jurisdiction and said,
[36:28.000 --> 36:34.000]  oh, my, what do I do now?
[36:34.000 --> 36:47.000]  So he ordered the other side to answer the counterclaim so that they will give him evidence of agency and standing
[36:47.000 --> 36:52.000]  so that he can show that he has jurisdiction.
[36:52.000 --> 36:56.000]  Point is, he really took that challenge to subject matter jurisdiction seriously.
[36:56.000 --> 37:00.000]  It took him two weeks to figure out what to do with it.
[37:00.000 --> 37:04.000]  That's what the clerk kept telling him, the judge didn't know what to do with it.
[37:04.000 --> 37:05.000]  Uh-huh.
[37:05.000 --> 37:08.000]  I don't think he's ever had that done before.
[37:08.000 --> 37:12.000]  So I took that as a big-time win.
[37:12.000 --> 37:17.000]  He didn't get a default judgment against him.
[37:17.000 --> 37:19.000]  The case is still going.
[37:19.000 --> 37:24.000]  Once you can break in the door that way, you can generally stay in there for a long time.
[37:24.000 --> 37:26.000]  So it's not an overall win.
[37:26.000 --> 37:33.000]  We did have the guy in Pennsylvania who did the Chapter 7, claimed the property is unsecured.
[37:33.000 --> 37:37.000]  They discharged the property.
[37:37.000 --> 37:46.000]  We've had a number lately, and, you know, we haven't been crowing about him as much as we should.
[37:46.000 --> 37:50.000]  Yes, you need to tell us about him so we know what we can do.
[37:50.000 --> 37:51.000]  Steve over here.
[37:51.000 --> 37:54.000]  Steve's doing a little crowing already.
[37:54.000 --> 37:59.000]  It's still a little early to crow.
[37:59.000 --> 38:03.000]  It's been an uphill battle.
[38:03.000 --> 38:04.000]  I feel...
[38:04.000 --> 38:06.000]  Okay, this is...
[38:06.000 --> 38:10.000]  If you've ever done a Texas two-step, you take two steps forward, one step back.
[38:10.000 --> 38:19.000]  I've been doing this with the courts and a number of string of plaintiffs for the last five years.
[38:19.000 --> 38:24.000]  But this is all coming up to head.
[38:24.000 --> 38:29.000]  We've got a couple of motions before court that we've got a hearing on Tuesday.
[38:29.000 --> 38:34.000]  We're going to try to reopen a case and get rid of a possession.
[38:34.000 --> 38:40.000]  I don't want to go into detail about it on the air, on a pending case or a pending suit.
[38:40.000 --> 38:44.000]  But, yeah, five years, I'm still in my house.
[38:44.000 --> 38:49.000]  It's been a very, very arduous battle.
[38:49.000 --> 38:55.000]  It's been a learning experience that I wouldn't trade for anything.
[38:55.000 --> 38:58.000]  But, yeah, it can be done.
[38:58.000 --> 38:59.000]  I'm still here.
[38:59.000 --> 39:00.000]  I mean, we're...
[39:00.000 --> 39:05.000]  I just charged you dead off my house four years ago.
[39:05.000 --> 39:06.000]  You did yours through BK though.
[39:06.000 --> 39:09.000]  Yeah, I did mine through BK seven.
[39:09.000 --> 39:15.000]  Steve, have you used the statute of limitations at all?
[39:15.000 --> 39:22.000]  That is exactly the core issue in my petition for bill of review.
[39:22.000 --> 39:23.000]  Okay.
[39:23.000 --> 39:31.000]  In that Texas Civil Practices and Remedies Code allows for a two-year statute of limitations
[39:31.000 --> 39:34.000]  for the filing of a forcible detainer suit.
[39:34.000 --> 39:43.000]  This particular suit was filed circa two years, two months outside that statute of limitations.
[39:43.000 --> 39:48.000]  The limitation time had passed two years and approximately two months,
[39:48.000 --> 39:51.000]  give or take a couple of days, when this suit was filed.
[39:51.000 --> 39:54.000]  That took jurisdiction away from the court.
[39:54.000 --> 39:57.000]  But there was a bunch of trickery that happened,
[39:57.000 --> 40:03.000]  a bunch of dirty, low-down, rotten lawyer tricks like the opposing counsel.
[40:03.000 --> 40:08.000]  We moved the suit from one precinct to another.
[40:08.000 --> 40:12.000]  Judge Bass being a former banker,
[40:12.000 --> 40:16.000]  I don't trust anything that comes out of his mouth in credit or debt or issues.
[40:16.000 --> 40:18.000]  I moved it to precinct five.
[40:18.000 --> 40:24.000]  When it hit precinct five, the other side filed another petition in precinct five,
[40:24.000 --> 40:29.000]  but didn't send me a notice of it, didn't send me a copy of it.
[40:29.000 --> 40:36.000]  That is a sanctionable offense under Rules of Civil Procedure 21B.
[40:36.000 --> 40:41.000]  So yeah, these are some of the arguments that we're bringing to the court.
[40:41.000 --> 40:50.000]  We've got another issue where we've got a quasi or pseudo res judicata issue.
[40:50.000 --> 40:57.000]  We're going before the same judge that told me no, who I took to her upstream,
[40:57.000 --> 41:02.000]  who told me yes, who now I'm back in front of the original saying,
[41:02.000 --> 41:04.000]  we've already got a ruling from the higher court.
[41:04.000 --> 41:07.000]  Go ahead and tell me no.
[41:07.000 --> 41:08.000]  Go ahead.
[41:08.000 --> 41:10.000]  Judge, if you don't have a comfort zone,
[41:10.000 --> 41:17.000]  we'll march right upstairs and file the same issues before the same judge
[41:17.000 --> 41:22.000]  with the same arguments, but now we've got extra causes.
[41:22.000 --> 41:29.000]  How do you think he's going to rule now?
[41:29.000 --> 41:33.000]  So that's, you know, I'm starting to get in a little bit of an discomfort,
[41:33.000 --> 41:38.000]  a discomfort zone in strategies and what have you.
[41:38.000 --> 41:40.000]  So I'm going to shut that down there.
[41:40.000 --> 41:45.000]  But the main testament is that I've been here five years fighting these guys,
[41:45.000 --> 41:47.000]  and I ain't done yet.
[41:47.000 --> 41:48.000]  Well, good.
[41:48.000 --> 41:50.000]  This is far from over.
[41:50.000 --> 41:53.000]  Yeah, I look at all of these possibilities,
[41:53.000 --> 41:58.000]  but not having any great background or experience in the law,
[41:58.000 --> 42:03.000]  I don't know where I would, you know, which way would be the best way to jump,
[42:03.000 --> 42:06.000]  because I know that some people have filed an injunction,
[42:06.000 --> 42:10.000]  which has extended any action that happened.
[42:10.000 --> 42:13.000]  Or you have a lease pendent, you know.
[42:13.000 --> 42:15.000]  Well, okay, a lease pendent.
[42:15.000 --> 42:22.000]  The lease pendent is public notice to anybody who might want to take an interest
[42:22.000 --> 42:28.000]  in your property that there is a suit filed in regard to that property.
[42:28.000 --> 42:29.000]  Okay.
[42:29.000 --> 42:31.000]  That's all the lease pendent is.
[42:31.000 --> 42:33.000]  In order to get a lease pendent,
[42:33.000 --> 42:36.000]  you must first file suit so that you will have a cause number
[42:36.000 --> 42:38.000]  to place on the lease pendent.
[42:38.000 --> 42:45.000]  Aha, okay, so we do a counter suit against the foreclosing company.
[42:45.000 --> 42:47.000]  Is that correct?
[42:47.000 --> 42:53.000]  You can or, well, there's several different things that you can do.
[42:53.000 --> 42:57.000]  You can file an opposing suit in a higher court.
[42:57.000 --> 43:02.000]  However, here in Texas, I like to use Texas for an example,
[43:02.000 --> 43:06.000]  because of my situation, this has been the body of my research.
[43:06.000 --> 43:16.000]  But I've found the same to be in several states that in a situation
[43:16.000 --> 43:23.000]  where there is a suit pending in the lower court for possession
[43:23.000 --> 43:26.000]  and an opposing suit in a higher court,
[43:26.000 --> 43:30.000]  such as here in Texas a district court or in the federal court,
[43:30.000 --> 43:35.000]  for wrongful foreclosure, I hear the music in the background.
[43:35.000 --> 43:38.000]  I'm going to stop right there at wrongful foreclosure.
[43:38.000 --> 43:41.000]  This is very important to etch out.
[43:41.000 --> 43:44.000]  This is what I call the Fuchs Doctrine.
[43:44.000 --> 43:49.000]  512-646-1984 is the number you can call, folks.
[43:49.000 --> 43:51.000]  Go ahead and give us a call.
[43:51.000 --> 43:53.000]  We've still got plenty of show left.
[43:53.000 --> 43:56.000]  We've got a full board of callers.
[43:56.000 --> 44:00.000]  We'll be right back with Bernice on the other side of the Smith.
[44:00.000 --> 44:05.000]  Hello, my name is Stuart Smith from naturespureorganics.com,
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[44:43.000 --> 44:47.000]  Don't forget to like us on Facebook for information on events and our products.
[44:47.000 --> 45:01.000]  Naturespureorganics.com.
[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[45:52.000 --> 46:02.000]  Please visit ruleoflawradio.com and click on the banner or call toll free, 866-LAW-EZ.
[46:02.000 --> 46:22.000]  Music
[46:22.000 --> 46:24.000]  Okay, we are back.
[46:24.000 --> 46:28.000]  Randy Kelton, Steve Skidmore, Rule of Law Radio,
[46:28.000 --> 46:32.000]  and we're talking to Bernice in Arkansas.
[46:32.000 --> 46:34.000]  Hello, Bernice.
[46:34.000 --> 46:36.000]  Okay.
[46:36.000 --> 46:38.000]  Steve, you were up when we went out.
[46:38.000 --> 46:39.000]  Yes.
[46:39.000 --> 46:40.000]  Yes.
[46:40.000 --> 46:43.000]  Oh, you just muted Bernice.
[46:43.000 --> 46:45.000]  That's why Bernice didn't say anything.
[46:45.000 --> 46:48.000]  You just muted her.
[46:48.000 --> 46:49.000]  Okay.
[46:49.000 --> 46:55.000]  Where I was at when we left off, if there is a suit for possession in the Justice Court
[46:55.000 --> 47:03.000]  or the lower court and a suit specific to wrongful foreclosure in the higher court,
[47:03.000 --> 47:12.000]  either district or federal, the jurisdictions of those courts run concurrent.
[47:12.000 --> 47:18.000]  However, if there is a suit for possession in the lower court
[47:18.000 --> 47:28.000]  and a suit that raises a genuine issue of title in the district court or the federal court,
[47:28.000 --> 47:36.000]  the district court or federal court action abates any action over possession in the Justice Court.
[47:36.000 --> 47:38.000]  Did that make sense?
[47:38.000 --> 47:39.000]  Yes.
[47:39.000 --> 47:49.000]  Okay, so that tells you if you want to stop the action on possession, that tells you what type of suit
[47:49.000 --> 47:54.000]  or what type of issues you need to raise in the higher court.
[47:54.000 --> 48:02.000]  Now, that is one of many different ways that you can approach this situation.
[48:02.000 --> 48:14.000]  And having Joe's analysis put two and two together here, honey.
[48:14.000 --> 48:16.000]  That's what I'm going to do.
[48:16.000 --> 48:19.000]  I'm going to go ahead and read what he has written.
[48:19.000 --> 48:20.000]  Yes, ma'am.
[48:20.000 --> 48:26.000]  And try and make some good points on it, and then perhaps I'll call you again next week.
[48:26.000 --> 48:30.000]  If I might offer you a little bit of guidance, when you read that,
[48:30.000 --> 48:33.000]  Joe makes reference to a lot of statutes.
[48:33.000 --> 48:35.000]  Go read those statutes.
[48:35.000 --> 48:37.000]  Okay.
[48:37.000 --> 48:53.000]  When he makes reference to a specific statute, such as UCC 3-203D, don't read just D. Read all of 302, 203.
[48:53.000 --> 48:58.000]  Read that whole section, but pay particular attention to the one that he cites.
[48:58.000 --> 48:59.000]  Okay.
[48:59.000 --> 49:05.000]  By doing that, you're going to, you're not only going right to where you want to go,
[49:05.000 --> 49:10.000]  but by reading the entire section, by reading the entire section,
[49:10.000 --> 49:15.000]  you're going to get a roadmap of why you went where you're going.
[49:15.000 --> 49:16.000]  Super.
[49:16.000 --> 49:17.000]  Okay.
[49:17.000 --> 49:21.000]  Yes, because there's a lot of why questions that I can't answer.
[49:21.000 --> 49:22.000]  Yes, ma'am.
[49:22.000 --> 49:23.000]  Yes, ma'am.
[49:23.000 --> 49:31.000]  Well, if you, okay, let's say he cites, and he probably did cite UCC 3-203 or your state's equivalent.
[49:31.000 --> 49:32.000]  Okay.
[49:32.000 --> 49:40.000]  That is a specific subsection, but without some precursory knowledge of that specific subsection,
[49:40.000 --> 49:43.000]  you don't know why you're talking about this subsection.
[49:43.000 --> 49:45.000]  Yes.
[49:45.000 --> 49:51.000]  That particular subsection states, to the best of my recollection,
[49:51.000 --> 49:55.000]  I don't have it up in front of me, but 3-203D as in David,
[49:55.000 --> 50:02.000]  states that if the transferor purports to transfer less than the entire instrument,
[50:02.000 --> 50:09.000]  negotiation does not occur, and the transferee acquires no rights under this section.
[50:09.000 --> 50:15.000]  But when you go read all of that, you read A, B, C, all of it,
[50:15.000 --> 50:23.000]  then you come to a better understanding of why you went to this specific subsection.
[50:23.000 --> 50:24.000]  Right.
[50:24.000 --> 50:25.000]  Okay.
[50:25.000 --> 50:26.000]  That's great.
[50:26.000 --> 50:28.000]  That's how I read law.
[50:28.000 --> 50:29.000]  That's how I've come.
[50:29.000 --> 50:31.000]  You were saying that you're inexperienced with law.
[50:31.000 --> 50:36.000]  That's how I learn law, not by reading just a specific quote,
[50:36.000 --> 50:39.000]  but by reading the whole thing so I know how I got to that quote.
[50:39.000 --> 50:40.000]  Right.
[50:40.000 --> 50:43.000]  That has helped me understand law more than anything.
[50:43.000 --> 50:45.000]  Oh, good.
[50:45.000 --> 50:47.000]  Thank you so much for all that.
[50:47.000 --> 50:49.000]  Yes, ma'am.
[50:49.000 --> 50:51.000]  All right.
[50:51.000 --> 50:53.000]  I think we're done for today.
[50:53.000 --> 50:54.000]  Okay.
[50:54.000 --> 50:58.000]  Thank you, Bernice, and keep us up to date on what occurs.
[50:58.000 --> 51:00.000]  I sure will.
[51:00.000 --> 51:02.000]  I'll be in touch regularly.
[51:02.000 --> 51:05.000]  Would you send me an email?
[51:05.000 --> 51:06.000]  Okay.
[51:06.000 --> 51:11.000]  So I didn't know what your email address was, so I couldn't find it in my list.
[51:11.000 --> 51:16.000]  If you'll send me one, it'll be on the top, and I will mark it.
[51:16.000 --> 51:17.000]  All right.
[51:17.000 --> 51:18.000]  I will do that.
[51:18.000 --> 51:19.000]  Thank you.
[51:19.000 --> 51:20.000]  Thank you, Bernice.
[51:20.000 --> 51:21.000]  Okay.
[51:21.000 --> 51:26.000]  We're going to go to Marshall.
[51:26.000 --> 51:32.000]  It looks like Marshall with a C. How would you pronounce that?
[51:32.000 --> 51:34.000]  Marshall.
[51:34.000 --> 51:35.000]  Just Marshall.
[51:35.000 --> 51:36.000]  Okay.
[51:36.000 --> 51:38.000]  Somebody's got a C in there instead of an S. Okay.
[51:38.000 --> 51:39.000]  Hello, Marshall.
[51:39.000 --> 51:41.000]  What do you have for us today?
[51:41.000 --> 51:42.000]  Sure.
[51:42.000 --> 51:43.000]  Oh, question.
[51:43.000 --> 51:44.000]  Is that spelled right?
[51:44.000 --> 51:46.000]  M-A-R-C-H-A-L-L.
[51:46.000 --> 51:47.000]  No.
[51:47.000 --> 51:48.000]  M-A-R-S-H-A-L-L.
[51:48.000 --> 51:49.000]  Okay.
[51:49.000 --> 51:50.000]  Okay.
[51:50.000 --> 51:51.000]  Good.
[51:51.000 --> 51:52.000]  Okay.
[51:52.000 --> 51:53.000]  We'll get that corrected.
[51:53.000 --> 51:54.000]  Okay.
[51:54.000 --> 51:55.000]  Two Ls.
[51:55.000 --> 51:56.000]  Two Ls.
[51:56.000 --> 51:57.000]  It's spelled with one L. I'm a Field Marshall.
[51:57.000 --> 51:58.000]  Okay.
[51:58.000 --> 51:59.000]  Good.
[51:59.000 --> 52:00.000]  What do you have for us today?
[52:00.000 --> 52:03.000]  Grand Jury question.
[52:03.000 --> 52:08.000]  You have all this stuff in the news about the whistleblower, Ed Snowden?
[52:08.000 --> 52:09.000]  Yes.
[52:09.000 --> 52:16.000]  I think a much better way to have gone about what he did, and I'd like to get your opinion.
[52:16.000 --> 52:22.000]  Rather than doing things the way he had done them, if he had submitted the documents as
[52:22.000 --> 52:29.000]  part of a verified criminal complaint directly to a grand jury, wouldn't it have made things
[52:29.000 --> 52:32.000]  much more complex for them to try him?
[52:32.000 --> 52:42.000]  Actually, they would have snatched him up and threw him in jail immediately for treason
[52:42.000 --> 52:44.000]  for revealing state secrets.
[52:44.000 --> 52:53.000]  He can't reveal those to the grand jury without running afoul of the code, and I doubt that
[52:53.000 --> 52:59.000]  the National Security Act would allow the grand jury to hear the accusations where
[52:59.000 --> 53:03.000]  they contained classified information.
[53:03.000 --> 53:06.000]  That would have to go to a separate tribunal.
[53:06.000 --> 53:12.000]  I'm not really sure how that would work, but I know that would have got Snowden in jail,
[53:12.000 --> 53:16.000]  and none of this information would ever have been heard.
[53:16.000 --> 53:21.000]  He would absolutely have been buried.
[53:21.000 --> 53:27.000]  Now, from where he's at, there's nothing to prevent him from filing these complaints at
[53:27.000 --> 53:28.000]  this time.
[53:28.000 --> 53:37.000]  The problem with this, however obnoxious the behavior was, I'm not sure that it was technically
[53:37.000 --> 53:38.000]  illegal.
[53:38.000 --> 53:47.000]  This was a thing that the president likes to use.
[53:47.000 --> 53:55.000]  Nixon used it when he said, if I do it, I'm the president, it's not illegal.
[53:55.000 --> 54:03.000]  By that he meant they're crafting laws to allow them to do this obnoxious stuff that
[54:03.000 --> 54:06.000]  we find it obnoxious.
[54:06.000 --> 54:09.000]  I'm sorry about that.
[54:09.000 --> 54:15.000]  We find it obnoxious, but it's not technically illegal.
[54:15.000 --> 54:28.000]  What the NSA was doing was obnoxious, but technically they had with the laws that were
[54:28.000 --> 54:40.000]  passed with the Patriot Act, the Patriot Act kind of give them carte blanche.
[54:40.000 --> 54:48.000]  I don't know that in this case a criminal accusation to a grand jury would have been
[54:48.000 --> 54:56.000]  effective, unless you're more familiar with the act than I am and where the NSA actually
[54:56.000 --> 55:00.000]  breached laws related to their office.
[55:00.000 --> 55:09.000]  Well, yeah, I'm not a lawyer, but my position would be if you were to indict them in a state
[55:09.000 --> 55:15.000]  court, then yes, the fact that there's a Patriot Act could be a defense that a jury could consider
[55:15.000 --> 55:19.000]  in not convicting them.
[55:19.000 --> 55:25.000]  The problem is what would you accuse them of?
[55:25.000 --> 55:32.000]  Seizure without warrant in a criminal enterprise.
[55:32.000 --> 55:41.000]  Okay, most states do have wiretapping laws, but the problem with the phone systems is
[55:41.000 --> 55:52.000]  they're for the most part not state governed because the phone systems allow you to call
[55:52.000 --> 55:58.000]  across state lines that invokes the feds.
[55:58.000 --> 56:03.000]  We can file criminal charges against a federal judge when he does something improper in a
[56:03.000 --> 56:10.000]  federal courthouse in the state, but that's because that federal courthouse belongs to
[56:10.000 --> 56:12.000]  the state and he's in the state.
[56:12.000 --> 56:18.000]  It doesn't implicate anything across state lines or it's not a federal enclave, so we
[56:18.000 --> 56:20.000]  could file against it.
[56:20.000 --> 56:27.000]  This, on the other hand, where they're tampering with the telephone system, that's all federal.
[56:27.000 --> 56:32.000]  I don't know how we can get back to state.
[56:32.000 --> 56:34.000]  I'm not being onerous here.
[56:34.000 --> 56:42.000]  I'm trying to figure out how could we take a shot at them because it should like to.
[56:42.000 --> 56:48.000]  My understanding is if they attempt to enforce illegal laws within a state, the fact that
[56:48.000 --> 56:54.000]  there's a federal law to the contrary that violates the Constitution won't protect them.
[56:54.000 --> 57:02.000]  Yeah, but you hear the problem is they're accused of intercepting telephone conversations.
[57:02.000 --> 57:07.000]  That does not invoke state jurisdiction at all.
[57:07.000 --> 57:13.000]  I can't see yet how to get back to a state jurisdiction.
[57:13.000 --> 57:19.000]  You said they would have stopped him from testifying to a grand jury if they had actually
[57:19.000 --> 57:26.000]  done that in a building that's within the state and then so to stop a criminal prosecution,
[57:26.000 --> 57:28.000]  that would appear to be a crime.
[57:28.000 --> 57:29.000]  It would be.
[57:29.000 --> 57:32.000]  It would be tampered with the witness obstruction of justice.
[57:32.000 --> 57:35.000]  In Texas it would be 3605, 3606.
[57:35.000 --> 57:43.000]  However, these acts were federal in their nature and Snowden fully understood that if
[57:43.000 --> 57:50.000]  he tried to make these claims before a grand jury that the Justice Department would come
[57:50.000 --> 58:01.000]  in and claim national security and seal all the documents and wouldn't let the grand jury
[58:01.000 --> 58:03.000]  see any of these classified documents.
[58:03.000 --> 58:09.000]  I don't see how he could have ever got that done and I'm sure he realized that there was
[58:09.000 --> 58:13.000]  no way he could get past and they're all corrupt.
[58:13.000 --> 58:18.000]  All these guys are criminals and they think that they're the only ones that know how to
[58:18.000 --> 58:25.000]  protect all of us and we're just a mindless mass that has to be babysat.
[58:25.000 --> 58:29.000]  So they feel like what they're doing is right, whether we agree with them or not, and they're
[58:29.000 --> 58:31.000]  going to do whatever garbage they want to.
[58:31.000 --> 58:32.000]  Hang on, we're about to go to break.
[58:32.000 --> 58:36.000]  This is Randy Kelton, Steve Kidmore, Joe Esquivel, Rue of La Radio.
[58:36.000 --> 58:40.000]  I call it number 512-646-1984.
[58:40.000 --> 58:50.000]  Give us a call and we'll be right back.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 58:59.000]  Bibles for America is offering a free study Bible and a set of free Christian books that
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[59:33.000 --> 59:40.000]  Life, call Bibles for America toll free at 888-551-0102.
[59:40.000 --> 59:49.000]  That's 888-551-0102 or visit us online at bfa.org.
[59:49.000 --> 59:58.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[59:58.000 --> 01:00:07.000]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[01:00:07.000 --> 01:00:09.000]  at thelibertybeat.com.
[01:00:09.000 --> 01:00:13.000]  I'm Brian Hagan with your Liberty Beat for Friday, April 11, 2014.
[01:00:13.000 --> 01:00:23.000]  Gold opened today at $1,322, silver opened at $20.06, and Bitcoin is trading at $427.78.
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[01:01:06.000 --> 01:01:11.000]  In the news today, Health and Human Services Secretary Kathleen Sebelius is resigning.
[01:01:11.000 --> 01:01:17.000]  Her resignation comes after she helped to oversee the disastrous rollout of both Obamacare itself
[01:01:17.000 --> 01:01:19.000]  and the accompanying website.
[01:01:19.000 --> 01:01:24.000]  Reuters reports Sebelius' departure removes a key target for critics as the President
[01:01:24.000 --> 01:01:30.000]  and his fellow Democrats try to retain control of the Senate in November midterm elections.
[01:01:30.000 --> 01:01:36.000]  A 30-year-old production assistant for TV's Tosh.0 is dead, shot to death by the Los Angeles
[01:01:36.000 --> 01:01:38.000]  County Sheriff's Department.
[01:01:38.000 --> 01:01:43.000]  The Los Angeles Times reports officers mistook John Winkler as a suspect in a stabbing.
[01:01:43.000 --> 01:01:47.000]  That came as Winkler went into a neighboring apartment in an attempt to help three occupants
[01:01:47.000 --> 01:01:50.000]  who were being held at die point.
[01:01:50.000 --> 01:01:54.000]  As he fled with one of the victims, shots were fired, leaving Winkler dead.
[01:01:54.000 --> 01:01:58.000]  The actual 27-year-old suspect was caught later.
[01:01:58.000 --> 01:02:03.000]  Beginning April 15th, Google will begin taking online orders for its controversial device,
[01:02:03.000 --> 01:02:04.000]  Google Glass.
[01:02:04.000 --> 01:02:10.000]  The glasses allow users to interact with their environment and will be sold around $1,500.
[01:02:10.000 --> 01:02:14.000]  While wearing the gadget, viewers will receive publicly available information.
[01:02:14.000 --> 01:02:18.000]  Critics of the tool believe it violates the privacy of individuals who may not want their
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[01:02:50.000 --> 01:02:55.000]  This is the Liberty Beat for Friday, April 11, 2014.
[01:02:55.000 --> 01:03:21.000]  Check out the website, thelibertybeat.com.
[01:03:21.000 --> 01:03:30.000]  Okay, we are back, Grand Accountant Steve Skidmore, and we're talking to Marshall in Washington.
[01:03:30.000 --> 01:03:35.000]  Okay, Marshall, where were you?
[01:03:35.000 --> 01:03:41.000]  Well, you were leading through the conclusion that you thought getting the information out
[01:03:41.000 --> 01:03:45.000]  to a grand jury wouldn't work, but that's not my biggest concern.
[01:03:45.000 --> 01:03:50.000]  My biggest concern was the public official being held accountable, whether the public
[01:03:50.000 --> 01:03:54.000]  found out about it or not.
[01:03:54.000 --> 01:04:01.000]  Okay, you're really speaking to the gallery here, because that is our primary,
[01:04:01.000 --> 01:04:07.000]  or at least my primary concern, is how do we bring them to task?
[01:04:07.000 --> 01:04:15.000]  Well, fill in a couple that you brought up, one of which was about the state having,
[01:04:15.000 --> 01:04:21.000]  I guess, venue in a criminal prosecution, and my understanding is as it currently operates,
[01:04:21.000 --> 01:04:26.000]  people are actually tried, not in the Fed, but under state laws in some places,
[01:04:26.000 --> 01:04:32.000]  because some states have a one-party can authorize recording of a phone conversation.
[01:04:32.000 --> 01:04:38.000]  Some states require two-party, and you can be in the wrong state and be tried for recording
[01:04:38.000 --> 01:04:40.000]  a phone conversation.
[01:04:40.000 --> 01:04:43.000]  Right, Texas is a one-party state.
[01:04:43.000 --> 01:04:54.000]  Most of the Spanish law states, the law will reflect that you have no expectation
[01:04:54.000 --> 01:04:59.000]  of privacy from the person with whom you are conversing.
[01:04:59.000 --> 01:05:09.000]  Now, Pennsylvania, if you don't tell somebody you're recording them, it's a felony.
[01:05:09.000 --> 01:05:15.000]  But that's the only one that I know of directly that forbids you from recording someone
[01:05:15.000 --> 01:05:17.000]  without telling them.
[01:05:17.000 --> 01:05:24.000]  Now, all states will forbid you from recording people in a conversation to which you are
[01:05:24.000 --> 01:05:30.000]  not a party or not knowingly privy.
[01:05:30.000 --> 01:05:36.000]  If you and I are sitting in a restaurant and Steve is at the next table talking so loud
[01:05:36.000 --> 01:05:43.000]  that we can hear him clearly, enough to record him, in Texas he can't claim an expectation
[01:05:43.000 --> 01:05:46.000]  of privacy.
[01:05:46.000 --> 01:05:50.000]  Police stations, they'll say you don't have an expectation of privacy there,
[01:05:50.000 --> 01:05:53.000]  so they can record you anywhere.
[01:05:53.000 --> 01:06:03.000]  Most states are similar to this, but one of the parties has to be aware of you being recorded.
[01:06:03.000 --> 01:06:12.000]  But the problem is the guys doing the recording are essentially in the federal enclave
[01:06:12.000 --> 01:06:17.000]  and they're recording a phone conversation.
[01:06:17.000 --> 01:06:28.000]  The statutes mostly go to wiretapping within the state or to recording a private conversation.
[01:06:28.000 --> 01:06:37.000]  I do have wiretapping laws and I'm not sure how the state would get jurisdiction over
[01:06:37.000 --> 01:06:47.000]  wiretapping law because that telephone line belongs in the federal venue and I don't know
[01:06:47.000 --> 01:06:50.000]  how they could get, it's an issue I haven't...
[01:06:50.000 --> 01:06:53.000]  I think it would be only by court order.
[01:06:53.000 --> 01:06:56.000]  Yes, I don't know how they would get there.
[01:06:56.000 --> 01:07:02.000]  Frankly, I've never considered this before, but I've read the wiretapping laws
[01:07:02.000 --> 01:07:12.000]  and it didn't occur to me to ask how the heck can the state make it a crime to tap a federal line?
[01:07:12.000 --> 01:07:18.000]  Well, in fact, federal agents have been charged with wiretapping violations before
[01:07:18.000 --> 01:07:21.000]  because that was all wrapped up in Watergate.
[01:07:21.000 --> 01:07:24.000]  Yes, but that was a federal charge.
[01:07:24.000 --> 01:07:25.000]  Sure, sure.
[01:07:25.000 --> 01:07:30.000]  It wasn't the state that made the charge.
[01:07:30.000 --> 01:07:35.000]  So these are federal agents on federal lines breaching federal law.
[01:07:35.000 --> 01:07:40.000]  And we were talking about how to get them back to the states because the US attorneys
[01:07:40.000 --> 01:07:46.000]  run big time interference with the federal grand juries.
[01:07:46.000 --> 01:07:50.000]  It's not right, it's not legal, but that's the way it works and we're trying to find a way around it.
[01:07:50.000 --> 01:07:54.000]  We got more access to state grand juries like Danny was talking about earlier
[01:07:54.000 --> 01:07:58.000]  in Tennessee he could go straight to the grand jury and that was wonderful.
[01:07:58.000 --> 01:08:03.000]  I'm going to look into that because I want, we're talking to legislators now
[01:08:03.000 --> 01:08:07.000]  trying to get them to propose new legislation.
[01:08:07.000 --> 01:08:14.000]  And I'm asking for an adjustment to 20.09 Code of Criminal Procedure that says
[01:08:14.000 --> 01:08:19.000]  that it shall be the duty of the grand jury to investigate into all criminal accusations
[01:08:19.000 --> 01:08:22.000]  that come to their knowledge by way of their own personal knowledge,
[01:08:22.000 --> 01:08:26.000]  the prosecuting attorney or any credible person.
[01:08:26.000 --> 01:08:33.000]  I'm going to ask them not 20.09 but 210 to ask them to add a clause in there
[01:08:33.000 --> 01:08:38.000]  that would require the grand jury to sit at least once a month for the purpose of hearing
[01:08:38.000 --> 01:08:44.000]  criminal accusations by private citizens.
[01:08:44.000 --> 01:08:51.000]  This would fix it and this issue of Tennessee already doing that would add credence to this
[01:08:51.000 --> 01:08:53.000]  and that would open up a lot.
[01:08:53.000 --> 01:08:59.000]  Well wouldn't a private citizen fall within the definition of credible person?
[01:08:59.000 --> 01:09:01.000]  Yes, yes absolutely.
[01:09:01.000 --> 01:09:03.000]  Well then that's something that we've already got then.
[01:09:03.000 --> 01:09:10.000]  No, the problem is that the grand jury doesn't sit for the purpose of hearing complaints from citizens.
[01:09:10.000 --> 01:09:19.000]  And what the prosecutors are doing is they're refusing to, they're trying to block us from getting to grand juries.
[01:09:19.000 --> 01:09:25.000]  And it's not legal but if you don't know how to beat it or get around it it's very difficult.
[01:09:25.000 --> 01:09:32.000]  And this is something I've been working on for quite a while and I file criminal charges against them all the time for that.
[01:09:32.000 --> 01:09:37.000]  And the problem is is nobody does anything.
[01:09:37.000 --> 01:09:45.000]  So when everybody is corrupt there is no law and that's essentially what we have in Texas.
[01:09:45.000 --> 01:09:50.000]  The only justice we have is justice by Caprice.
[01:09:50.000 --> 01:09:59.000]  They'll give you justice when they want to and they'll ignore the laws when they want to with relative impunity.
[01:09:59.000 --> 01:10:04.000]  And this is what we're trying to overcome and this is the same thing that's going on in the Fed.
[01:10:04.000 --> 01:10:16.000]  Back to the Snowden issue, how to bring any of that to the Fed, I'm sorry, how to bring any of those issues into the state.
[01:10:16.000 --> 01:10:19.000]  I don't know how to do it.
[01:10:19.000 --> 01:10:29.000]  If the issue is the NSA tapping phone lines.
[01:10:29.000 --> 01:10:32.000]  Steve, do you know?
[01:10:32.000 --> 01:10:35.000]  Yeah, that would be a federal issue.
[01:10:35.000 --> 01:10:39.000]  I don't see any way of bringing that into the state at all.
[01:10:39.000 --> 01:10:45.000]  We can talk about how to pry the U.S. attorney out from front of the grand jury.
[01:10:45.000 --> 01:10:53.000]  It's essentially using the same routine we use here and it would probably, if we get a number of people to do it, it would probably be effective.
[01:10:53.000 --> 01:11:03.000]  We could get a number of citizens filing criminal accusations with local federal grand juries.
[01:11:03.000 --> 01:11:13.000]  We might get someone if we could find an issue where someone could use the issue for political gain.
[01:11:13.000 --> 01:11:16.000]  We might be able to get some headway.
[01:11:16.000 --> 01:11:23.000]  Well, let's use this, to use your idea as an example, instead of doing it directly, you may do it indirectly.
[01:11:23.000 --> 01:11:29.000]  You said that they would come into the court, they would seal documents, they would take documents away from the grand jury.
[01:11:29.000 --> 01:11:31.000]  Well, that's secreting documents.
[01:11:31.000 --> 01:11:34.000]  Right or wrong, that's secreting documents.
[01:11:34.000 --> 01:11:40.000]  Well, there are other laws that authorize them to do that.
[01:11:40.000 --> 01:11:44.000]  Away from a grand jury?
[01:11:44.000 --> 01:11:56.000]  Well, the way they would get it done is the U.S. attorney would go to a federal judge and ask for restraining order and the federal judge would file the restraining order out of hand.
[01:11:56.000 --> 01:11:59.000]  Against the grand jury.
[01:11:59.000 --> 01:12:00.000]  Yes.
[01:12:00.000 --> 01:12:03.000]  That would be tampering with the grand jury.
[01:12:03.000 --> 01:12:07.000]  Not if it's for national security.
[01:12:07.000 --> 01:12:11.000]  Well, that's a good issue.
[01:12:11.000 --> 01:12:19.000]  But I've never heard a good discussion about the constitutional basis for putting things under the cover of national security.
[01:12:19.000 --> 01:12:24.000]  There may be good reasons, but I've never heard of a discussion that's normally treated like magic words.
[01:12:24.000 --> 01:12:31.000]  It's not, as far as I know, it's not constitutional.
[01:12:31.000 --> 01:12:34.000]  It's statutory.
[01:12:34.000 --> 01:12:39.000]  And we have lots of statutes on those issues.
[01:12:39.000 --> 01:12:48.000]  Now, whether or not the statutes are constitutional, that's questionable.
[01:12:48.000 --> 01:12:50.000]  It would be hard to address that generally.
[01:12:50.000 --> 01:12:55.000]  It's not my area of expertise.
[01:12:55.000 --> 01:13:01.000]  So I really don't know how to address it without really something specific.
[01:13:01.000 --> 01:13:11.000]  But see, when you have a constitutional entity like a grand jury or a magistrate, all this kind of applies to a magistrate, although I think a magistrate is less likely to do anything.
[01:13:11.000 --> 01:13:19.000]  If you're telling the magistrate, considering a criminal accusation, they're going to seize documents away from a magistrate, I don't see a legal...
[01:13:19.000 --> 01:13:21.000]  Yes.
[01:13:21.000 --> 01:13:33.000]  The feds can do that if it falls under the purview of national security laws, and that's part of what the Patriot Act is about.
[01:13:33.000 --> 01:13:37.000]  It gave the government a lot of powers in this area under federal law.
[01:13:37.000 --> 01:13:41.000]  So yeah, they can do that.
[01:13:41.000 --> 01:13:42.000]  But can you...
[01:13:42.000 --> 01:13:48.000]  The Military Commissions Act and the Patriot Act are scary stuff.
[01:13:48.000 --> 01:13:51.000]  If you haven't read them, you should read them.
[01:13:51.000 --> 01:14:00.000]  And if we're going to craft a remedy, we have to know the law applying to the subject.
[01:14:00.000 --> 01:14:11.000]  We can't just say something appears to be generally wrong and just attack it.
[01:14:11.000 --> 01:14:25.000]  You know, there are guys on the national security side who are going to be able to show good and compelling reason for a lot of these things these guys are doing.
[01:14:25.000 --> 01:14:38.000]  So I don't know really how to effectively argue this, that we have to have some kind of provisions for national security.
[01:14:38.000 --> 01:14:49.000]  The problem is controlling our public officials, and part of the problem is perception.
[01:14:49.000 --> 01:14:58.000]  These guys who are put in a position to protect our security take it really serious.
[01:14:58.000 --> 01:15:09.000]  And they take whatever leeway we give them, and they will push it as far as they possibly can.
[01:15:09.000 --> 01:15:16.000]  And the problem we have with this is it's not about good guys and bad guys.
[01:15:16.000 --> 01:15:27.000]  We charged the NSA with protecting our national security, and they're trying to do that.
[01:15:27.000 --> 01:15:32.000]  And now we're complaining that they're trying too hard.
[01:15:32.000 --> 01:15:43.000]  How much of your liberty are you willing to gain security?
[01:15:43.000 --> 01:15:45.000]  That was the question.
[01:15:45.000 --> 01:15:47.000]  How much?
[01:15:47.000 --> 01:15:49.000]  Have you thought about that?
[01:15:49.000 --> 01:16:06.000]  Yeah, given that quite a bit of thought actually, and I'm certainly not willing to give up proper oversight of all of my government officials in all of their activities or any of their activities.
[01:16:06.000 --> 01:16:15.000]  And they have to be held responsible to some proper, somebody proper, and I don't think judges are going to do it.
[01:16:15.000 --> 01:16:21.000]  And I don't think that there's a better entity to give it to than a grand jury.
[01:16:21.000 --> 01:16:26.000]  Now that was really a good answer.
[01:16:26.000 --> 01:16:31.000]  Frankly, you surprised me how good that answer is.
[01:16:31.000 --> 01:16:33.000]  So how do we do that?
[01:16:33.000 --> 01:16:42.000]  How do we exercise checks and balances with these guys and not shut down their ability to do their jobs?
[01:16:42.000 --> 01:16:46.000]  We do need to move on. We've got some other callers.
[01:16:46.000 --> 01:16:49.000]  This is an interesting topic, but we could do this all night.
[01:16:49.000 --> 01:16:53.000]  Hang on. This is Randy Kelton, this is Steve Skidmore with Radio.
[01:16:53.000 --> 01:17:00.000]  We'll be right back on the other side.
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[01:20:02.000 --> 01:20:18.000]  Okay, we are back. Randy Kelton and Steve Skidmore, Roux Blah Radio, and we're talking to Marshall.
[01:20:18.000 --> 01:20:22.000]  I think Marshall dropped off. They didn't mean to blow you off, Marshall.
[01:20:22.000 --> 01:20:31.000]  But frankly, that was a conversation I didn't feel qualified to have. I kind of felt out of my element there.
[01:20:31.000 --> 01:20:37.000]  Okay, we're going to go to Francis in Colorado. Hello, Ms. Francis.
[01:20:37.000 --> 01:20:43.000]  Hey, Randy. Are you there?
[01:20:43.000 --> 01:20:46.000]  Yes, and I know you've got something good.
[01:20:46.000 --> 01:20:50.000]  Okay, well, let's start it. This is with my mother-in-law.
[01:20:50.000 --> 01:20:55.000]  And so since I talked to you last night, the attorney has quit.
[01:20:55.000 --> 01:21:06.000]  And on Galen's part, there's been an offer, and the offer requires they want for Galen to voluntarily give up his guardianship and power of attorney.
[01:21:06.000 --> 01:21:10.000]  They've cited statute but absolutely no cause.
[01:21:10.000 --> 01:21:21.000]  And to remove him, because he was court-appointed, he was appointed by his mother as power of attorney and court-appointed as guardian, it requires a jury trial.
[01:21:21.000 --> 01:21:32.000]  And what we found out today is that there are 11 documents filed into the court record since Galen hired an attorney that Galen had no idea was there,
[01:21:32.000 --> 01:21:43.000]  including an annual report from the conservator that should show how much of his mother's money they have squandered on themselves since they got the temporary restraining order.
[01:21:43.000 --> 01:21:52.000]  And the person who got the temporary restraining order was the conservator, encouraged an attorney who did not have agency for Mrs. Emerson.
[01:21:52.000 --> 01:21:56.000]  We challenged agency, and none has been proved since.
[01:21:56.000 --> 01:22:05.000]  So we've got this whole convoluted thing, and you've been talking about it all night, how they do whatever they want with impunity, and they have violated their own laws.
[01:22:05.000 --> 01:22:10.000]  So this is also a case of outlawry, and we are out of state.
[01:22:10.000 --> 01:22:14.000]  It's a nightmare.
[01:22:14.000 --> 01:22:16.000]  Okay.
[01:22:16.000 --> 01:22:19.000]  Galen was appointed as conservator.
[01:22:19.000 --> 01:22:22.000]  No, Galen was appointed guardian.
[01:22:22.000 --> 01:22:23.000]  Guardian, okay.
[01:22:23.000 --> 01:22:29.000]  And the judge appointed a conservator because it got real weird.
[01:22:29.000 --> 01:22:39.000]  It should have gone criminal, and the brother had stolen money, and there was a bunch of yapping, and the judges just don't want to listen to it, so they just assign a conservator.
[01:22:39.000 --> 01:22:49.000]  Okay, this – I'm trying to figure out how to get this out of state into the Fed.
[01:22:49.000 --> 01:22:53.000]  Okay, okay.
[01:22:53.000 --> 01:22:56.000]  Galen lives in Colorado.
[01:22:56.000 --> 01:22:59.000]  The property is in North Dakota or South Dakota?
[01:22:59.000 --> 01:23:02.000]  His mother is in South Dakota right now.
[01:23:02.000 --> 01:23:06.000]  We're trying to get her here, and they're saying, well, you can have your mom, but you have to give up all rights.
[01:23:06.000 --> 01:23:08.000]  Well, and then they're going to assign somebody else.
[01:23:08.000 --> 01:23:09.000]  She'll never come down here.
[01:23:09.000 --> 01:23:11.000]  Call the FBI.
[01:23:11.000 --> 01:23:21.000]  Have you read the code in South Dakota concerning conservatorship and what the courts are supposed to do?
[01:23:21.000 --> 01:23:26.000]  Yes, yes, and what Galen was supposed to do.
[01:23:26.000 --> 01:23:29.000]  Galen was supposed to be reimbursed, and he wasn't reimbursed.
[01:23:29.000 --> 01:23:40.000]  They've done things kind of – they won't reimburse him in order to keep him from being financially – to cripple him financially so that he can't fight.
[01:23:40.000 --> 01:23:44.000]  They paid for his first attorney who failed to adjudicate the case.
[01:23:44.000 --> 01:23:46.000]  They won't pay for anyone else.
[01:23:46.000 --> 01:23:53.000]  Galen ended up selling a trailer, but they were going to snatch the trailer, and Galen is 50 percent owner of it,
[01:23:53.000 --> 01:23:57.000]  but they've now evidently got a judgment against him for the full trailer,
[01:23:57.000 --> 01:24:02.000]  and we had spent almost as much money as his mother's half and received –
[01:24:02.000 --> 01:24:08.000]  The first lawyer who didn't do his job, why don't you sue him for the full amount they're claiming?
[01:24:08.000 --> 01:24:12.000]  Oh, well, how about the – okay.
[01:24:12.000 --> 01:24:14.000]  For malpractice.
[01:24:14.000 --> 01:24:16.000]  Okay.
[01:24:16.000 --> 01:24:17.000]  Go ahead.
[01:24:17.000 --> 01:24:24.000]  What amount is that, for the amount that they're claiming should – judgment on?
[01:24:24.000 --> 01:24:33.000]  Yeah, everything that Galen was trying to recover, that the lawyer didn't do his job in helping recover,
[01:24:33.000 --> 01:24:37.000]  sue the lawyer for it and make it political.
[01:24:37.000 --> 01:24:40.000]  Well, the first attorney, we weren't trying to recover anything.
[01:24:40.000 --> 01:24:43.000]  We were just – and he – they should never even have had to go to court.
[01:24:43.000 --> 01:24:47.000]  Galen had power of attorney, so we – well, no, that's not true.
[01:24:47.000 --> 01:24:51.000]  We were trying to recover – there's $30,000 sitting in an account that his brother did.
[01:24:51.000 --> 01:24:54.000]  That would be part of it.
[01:24:54.000 --> 01:24:55.000]  Well, name that.
[01:24:55.000 --> 01:25:02.000]  Whatever these people have taken because this lawyer didn't do his job, sue him.
[01:25:02.000 --> 01:25:04.000]  Okay.
[01:25:04.000 --> 01:25:10.000]  These guys all got their snouts in the same trough, so make it political.
[01:25:10.000 --> 01:25:11.000]  Okay.
[01:25:11.000 --> 01:25:17.000]  The lawyer who's trying to help the criminals, he's part of the criminal cabal, sue him.
[01:25:17.000 --> 01:25:18.000]  Okay.
[01:25:18.000 --> 01:25:21.000]  So what about going after – now, the bank is the conservator.
[01:25:21.000 --> 01:25:24.000]  I talked to you about that last night, and today you sent me a little Skype that we should
[01:25:24.000 --> 01:25:27.000]  file a criminal charge against the bank CEO.
[01:25:27.000 --> 01:25:31.000]  Yes, because – let me explain this.
[01:25:31.000 --> 01:25:40.000]  The conservator was actually the bank, and the bank appointed this person to act in its place.
[01:25:40.000 --> 01:25:41.000]  Right.
[01:25:41.000 --> 01:25:45.000]  And it's the conservator who's raping the account, which is standard procedure.
[01:25:45.000 --> 01:25:49.000]  And if you get old, then you're fair game.
[01:25:49.000 --> 01:25:55.000]  So instead of going after the person that the bank appointed, go after the CEO of the
[01:25:55.000 --> 01:25:58.000]  bank and charge him criminally.
[01:25:58.000 --> 01:25:59.000]  Okay.
[01:25:59.000 --> 01:26:07.000]  You have to assume that this person the bank hired did what the bank told him to do.
[01:26:07.000 --> 01:26:08.000]  Okay.
[01:26:08.000 --> 01:26:12.000]  What about criminal charges against the judge for outlawry or for doing a temporary
[01:26:12.000 --> 01:26:15.000]  restraining order for somebody that lacked agency?
[01:26:15.000 --> 01:26:22.000]  Man, we're doing that here in Texas, and we are really getting some judges excited.
[01:26:22.000 --> 01:26:29.000]  I can tell you from experience, they really take criminal accusations against them serious.
[01:26:29.000 --> 01:26:32.000]  Lawyers will never do that to a judge.
[01:26:32.000 --> 01:26:33.000]  Right.
[01:26:33.000 --> 01:26:39.000]  So they're used to the lawyers protecting them from the clients they steal from.
[01:26:39.000 --> 01:26:43.000]  They're not used to a client that will come right back after them.
[01:26:43.000 --> 01:26:48.000]  And since you don't live in...
[01:26:48.000 --> 01:26:49.000]  Right.
[01:26:49.000 --> 01:26:58.000] ...South Dakota, does the attorney general in South Dakota have prosecutorial powers?
[01:26:58.000 --> 01:26:59.000]  I don't know.
[01:26:59.000 --> 01:27:02.000]  Okay, the attorney general...
[01:27:02.000 --> 01:27:09.000]  For South Dakota, if he does, then you file complaints with him, and when he refuses to
[01:27:09.000 --> 01:27:18.000]  act, you file complaints against him with the local grand jury in the capital of South
[01:27:18.000 --> 01:27:20.000]  Dakota.
[01:27:20.000 --> 01:27:28.000]  And since his act is in an effort to shield these others from prosecution, you bring them
[01:27:28.000 --> 01:27:32.000]  all of the accusations to the capitol.
[01:27:32.000 --> 01:27:36.000]  This gets you out of their venue and into the capitol's venue.
[01:27:36.000 --> 01:27:38.000]  Okay.
[01:27:38.000 --> 01:27:50.000]  Now you name the attorney general as a co-conspirator, and venue always goes to any venue where
[01:27:50.000 --> 01:27:54.000]  any part of the acts were committed.
[01:27:54.000 --> 01:27:56.000]  That's what I'm doing here, going after the attorney general.
[01:27:56.000 --> 01:28:01.000]  I really want to get the complaints out of Dallas and Tarrant County.
[01:28:01.000 --> 01:28:04.000]  I want to get them down to Travis County.
[01:28:04.000 --> 01:28:09.000]  So when the attorney general refused to act, I can go to the Travis County grand jury
[01:28:09.000 --> 01:28:15.000]  and ask for an indictment against officials in Dallas and Tarrant County.
[01:28:15.000 --> 01:28:20.000]  It's a lot easier for them to find that people halfway across the state are criminals rather
[01:28:20.000 --> 01:28:22.000]  than their next door neighbors.
[01:28:22.000 --> 01:28:23.000]  Right.
[01:28:23.000 --> 01:28:26.000]  In lieu of that, we would go to the federal court then?
[01:28:26.000 --> 01:28:29.000]  Yes, if you can find a way to get it to the federal.
[01:28:29.000 --> 01:28:32.000]  I was thinking, trying to figure out how to get it to the federal.
[01:28:32.000 --> 01:28:36.000]  I'm talking to the federal attorney.
[01:28:36.000 --> 01:28:43.000]  Well, just because Galen's not in Colorado doesn't make it federal because the property
[01:28:43.000 --> 01:28:47.000]  was in South Dakota.
[01:28:47.000 --> 01:28:54.000]  And just moving out of the property to another jurisdiction doesn't necessarily give you
[01:28:54.000 --> 01:28:56.000]  diversity to jurisdiction.
[01:28:56.000 --> 01:28:57.000]  Right.
[01:28:57.000 --> 01:28:59.000]  Well, then his mother is still in South Dakota.
[01:28:59.000 --> 01:29:01.000]  We don't seem to be able to get her out.
[01:29:01.000 --> 01:29:04.000]  I don't think they have no intention of letting her go.
[01:29:04.000 --> 01:29:08.000]  The point was to stop her from leaving, even though Galen hadn't done anything wrong as
[01:29:08.000 --> 01:29:13.000]  a guardian, to stop her from leaving because their jurisdiction ended if she left the state.
[01:29:13.000 --> 01:29:15.000]  We would have had a conservator assigned here.
[01:29:15.000 --> 01:29:18.000]  Why don't you file kidnapping against them?
[01:29:18.000 --> 01:29:23.000]  I was thinking about that in my criminal complaint.
[01:29:23.000 --> 01:29:29.000]  And so do I charge that against the bank and the judge?
[01:29:29.000 --> 01:29:31.000]  Absolutely.
[01:29:31.000 --> 01:29:35.000]  And accuse them of an ongoing criminal conspiracy.
[01:29:35.000 --> 01:29:37.000]  If they're doing this to your mother, they're doing it to everybody else.
[01:29:37.000 --> 01:29:43.000]  And frankly, I'm giving information from people all over the country about the same thing.
[01:29:43.000 --> 01:29:51.000]  I got a very large email about the very same thing recently from Australia.
[01:29:51.000 --> 01:29:58.000]  If you have the gall to get old, you're a fair game.
[01:29:58.000 --> 01:30:00.000]  Yeah.
[01:30:00.000 --> 01:30:06.000]  Vogue magazine is making a new fashion statement.
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[01:33:02.000 --> 01:33:29.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:29.000 --> 01:33:39.000]  Okay, we are back, Randy Kelton, Steve Skidmore, and we're talking to Francis in North Dakota.
[01:33:39.000 --> 01:33:42.000]  Oh, Colorado.
[01:33:42.000 --> 01:33:47.000]  About her mother in North Dakota, her mother-in-law in North Dakota.
[01:33:47.000 --> 01:33:49.000]  I'll get this in a minute.
[01:33:49.000 --> 01:33:51.000]  Okay.
[01:33:51.000 --> 01:33:53.000]  Okay, let me ask you another couple of questions.
[01:33:53.000 --> 01:34:00.000]  These are actually managed in the case that we've got going on, and I was thinking to file a petition to remove the conservator,
[01:34:00.000 --> 01:34:11.000]  and actually it takes a jury trial and also file an objection to any petition or any orders that they have to remove Galen to show cause.
[01:34:11.000 --> 01:34:13.000]  Would that be another one?
[01:34:13.000 --> 01:34:15.000]  Yes.
[01:34:15.000 --> 01:34:22.000]  If they removed him without a jury trial, that should go to criminal against all of them involved.
[01:34:22.000 --> 01:34:24.000]  Okay, without a jury.
[01:34:24.000 --> 01:34:31.000]  And so what they've done is they're doing things like they've suspended him and it's just the judge is being capricious and it's a mess.
[01:34:31.000 --> 01:34:39.000]  You might look at filing criminal conspiracy charges against them all or maybe a RICO against them all.
[01:34:39.000 --> 01:34:56.000]  Have you looked at any other, have you talked, you might do some research on South Dakota for elder abuse and see if you can find evidence of other people being treated the same way.
[01:34:56.000 --> 01:35:00.000]  If they're doing this to your mother, they're doing it to a lot of other people too.
[01:35:00.000 --> 01:35:02.000]  Right.
[01:35:02.000 --> 01:35:06.000]  See if you can find a RICO claim.
[01:35:06.000 --> 01:35:10.000]  Okay.
[01:35:10.000 --> 01:35:20.000]  I had a lawyer from Oklahoma say when you file a RICO case, it's like dropping an atomic bomb.
[01:35:20.000 --> 01:35:25.000]  So you might file the ongoing criminal conspiracy.
[01:35:25.000 --> 01:35:27.000]  This elder abuse is really becoming a problem.
[01:35:27.000 --> 01:35:29.000]  So you might look at that.
[01:35:29.000 --> 01:35:31.000]  Okay.
[01:35:31.000 --> 01:35:40.000]  And then now what do we do now, I was going to file an appeal on the judgment and all of that, of course, that costs some money to do.
[01:35:40.000 --> 01:35:42.000]  But we have gotten, we have lack of notice.
[01:35:42.000 --> 01:35:48.000]  They filed a judgment into the court on the 20th of March.
[01:35:48.000 --> 01:35:51.000]  And so I think we're outside of the time to file an appeal.
[01:35:51.000 --> 01:35:58.000]  We're only finding out that it's just even in the records today, his former, his attorney just quit this afternoon.
[01:35:58.000 --> 01:36:01.000]  He didn't notice us of any of those things.
[01:36:01.000 --> 01:36:04.000]  I sent a demand for documents to him today and then he quit.
[01:36:04.000 --> 01:36:08.000]  But his paralegal said we don't have any of those documents.
[01:36:08.000 --> 01:36:14.000]  It makes me wonder if they've been deliberately not giving notice, this other side.
[01:36:14.000 --> 01:36:20.000]  They're really pushing this guy to have Galen sign away and do this order.
[01:36:20.000 --> 01:36:24.000]  And it's just, you know, they want complete and total control.
[01:36:24.000 --> 01:36:28.000]  You're confusing me here.
[01:36:28.000 --> 01:36:29.000]  Okay.
[01:36:29.000 --> 01:36:32.000]  The issues are getting blurred together.
[01:36:32.000 --> 01:36:41.000]  The lawyer who doesn't have documents, what documents, are these documents he should have produced or documents that should have been sent to him?
[01:36:41.000 --> 01:36:44.000]  Should have been sent to him, like the...
[01:36:44.000 --> 01:36:45.000]  Okay.
[01:36:45.000 --> 01:36:54.000]  File for, okay, did the documents result in any kind of action?
[01:36:54.000 --> 01:36:55.000]  Yeah.
[01:36:55.000 --> 01:37:02.000]  They've got, they're trying to get a judge, they filed in a judgment for $18,500 against Galen's own part of the property.
[01:37:02.000 --> 01:37:06.000]  Okay, move to void judgment for lack of notice.
[01:37:06.000 --> 01:37:07.000]  Okay, move to void.
[01:37:07.000 --> 01:37:14.000]  That's the one thing that will almost always win you an appeal, lack of notice.
[01:37:14.000 --> 01:37:16.000]  Okay.
[01:37:16.000 --> 01:37:24.000]  So file a motion to strike the ruling for lack of notice.
[01:37:24.000 --> 01:37:27.000]  And look at a RICO.
[01:37:27.000 --> 01:37:37.000]  And you might look at crafting your pleadings such that you craft them in the terms of a RICO suit.
[01:37:37.000 --> 01:37:46.000]  In a RICO suit, there must be predicate acts and ongoing criminal activity.
[01:37:46.000 --> 01:37:59.000]  You start using those terms in your pleadings that might serve as fair warning to them and they might realize you're crafting a RICO suit and then get this all fixed before you land on them.
[01:37:59.000 --> 01:38:04.000]  If it doesn't, you should absolutely look at a RICO suit.
[01:38:04.000 --> 01:38:05.000]  Okay.
[01:38:05.000 --> 01:38:08.000]  You don't have to win the RICO suit.
[01:38:08.000 --> 01:38:33.000]  You just get it filed and good chance they're likely to come to the table, especially when you start doing discovery for all of the cases similar to this with elders where they have managed their situation and get an idea of how much money they've taken from these elders.
[01:38:33.000 --> 01:38:38.000]  When you start looking behind the curtain, they're likely to get real excited.
[01:38:38.000 --> 01:38:42.000]  So are you talking about particularly the bank or this court or all of the above?
[01:38:42.000 --> 01:38:43.000]  All of them.
[01:38:43.000 --> 01:38:44.000]  All of them.
[01:38:44.000 --> 01:38:45.000]  Okay.
[01:38:45.000 --> 01:38:48.000]  Okay.
[01:38:48.000 --> 01:38:49.000]  Okay.
[01:38:49.000 --> 01:38:52.000]  The way it sounds, that's the only thing that appears left.
[01:38:52.000 --> 01:38:55.000]  You have to get it out of their venue and a RICO will do that.
[01:38:55.000 --> 01:38:56.000]  Okay.
[01:38:56.000 --> 01:38:57.000]  Okay.
[01:38:57.000 --> 01:39:04.000]  You file the RICO where you're at, not where the federal court where you're at.
[01:39:04.000 --> 01:39:05.000]  Bring them to you.
[01:39:05.000 --> 01:39:07.000]  File a RICO where we are?
[01:39:07.000 --> 01:39:08.000]  Yeah.
[01:39:08.000 --> 01:39:09.000]  Okay.
[01:39:09.000 --> 01:39:11.000]  So we can file a RICO in Colorado?
[01:39:11.000 --> 01:39:12.000]  Yeah.
[01:39:12.000 --> 01:39:15.000]  You're being adversely affected by this.
[01:39:15.000 --> 01:39:18.000]  You file a RICO anywhere.
[01:39:18.000 --> 01:39:24.000]  Well, I don't know if it was going to have to be filed in South Dakota because Mrs. Emerson is in South Dakota.
[01:39:24.000 --> 01:39:27.000]  Yeah, but you're not.
[01:39:27.000 --> 01:39:30.000]  Galen is the one that's being harmed by this.
[01:39:30.000 --> 01:39:33.000]  So then you can lie in Colorado.
[01:39:33.000 --> 01:39:34.000]  Okay.
[01:39:34.000 --> 01:39:35.000]  Okay.
[01:39:35.000 --> 01:39:41.000]  Drag these guys out of North Dakota to Colorado and see how that works for them.
[01:39:41.000 --> 01:39:42.000]  Okay.
[01:39:42.000 --> 01:39:43.000]  All right.
[01:39:43.000 --> 01:39:47.000]  Well, I just would like to put a plug in for NCI and I filed.
[01:39:47.000 --> 01:39:58.000]  You know, I told you and I told you on Thursday, but we moved to remove our stay from our quiet title that we filed over a year ago.
[01:39:58.000 --> 01:40:11.000]  And we are attacking a single document in which the qualified holder and Joe also attacked a notice of election in demand.
[01:40:11.000 --> 01:40:17.000]  And I don't think we even have to wait 21 days, but we may have to.
[01:40:17.000 --> 01:40:22.000]  But we had already told 21 days before we had to put it on stay because of the bankruptcy issue last year.
[01:40:22.000 --> 01:40:24.000]  So I'll just keep you guys posted.
[01:40:24.000 --> 01:40:27.000]  And the report was just off the charts.
[01:40:27.000 --> 01:40:28.000]  Wonderful.
[01:40:28.000 --> 01:40:30.000]  I actually filed the entire thing into the court.
[01:40:30.000 --> 01:40:35.000]  I figured, you know, you get to read it and hopefully you'll get to learn a little something.
[01:40:35.000 --> 01:40:39.000]  But the documentation was just absolutely wonderful.
[01:40:39.000 --> 01:40:41.000]  Thank you.
[01:40:41.000 --> 01:40:42.000]  So, okay.
[01:40:42.000 --> 01:40:44.000]  Well, Randy, I think I feel better.
[01:40:44.000 --> 01:40:48.000]  I'll file all my motions to strike on all these things we didn't get noticed for.
[01:40:48.000 --> 01:40:53.000]  And I'll try to fall asleep now.
[01:40:53.000 --> 01:40:54.000]  Good luck with that.
[01:40:54.000 --> 01:40:55.000]  Thank you so much.
[01:40:55.000 --> 01:40:59.000]  I appreciate you guys listening and it's been a great show tonight.
[01:40:59.000 --> 01:41:00.000]  Okay.
[01:41:00.000 --> 01:41:01.000]  And don't let them wear you out.
[01:41:01.000 --> 01:41:03.000]  Thank you, Francis.
[01:41:03.000 --> 01:41:04.000]  Okay.
[01:41:03.000 --> 01:41:04.000]  Thank you, Francis.
[01:41:04.000 --> 01:41:09.000]  Okay, oops, I think I muted Francis.
[01:41:09.000 --> 01:41:14.000]  Sorry, Francis, I muted you a little too quick there.
[01:41:14.000 --> 01:41:17.000]  Now we're going to Norm in California.
[01:41:17.000 --> 01:41:18.000]  Hello, Norm.
[01:41:18.000 --> 01:41:20.000]  What do you have for us tonight?
[01:41:20.000 --> 01:41:21.000]  Hi, Randy.
[01:41:21.000 --> 01:41:22.000]  Hi.
[01:41:22.000 --> 01:41:24.000]  How are you, Norm?
[01:41:24.000 --> 01:41:25.000]  I'm fine.
[01:41:25.000 --> 01:41:26.000]  Doing okay.
[01:41:26.000 --> 01:41:28.000]  What do you got for us?
[01:41:28.000 --> 01:41:36.000]  I called a few weeks ago about a particular clerk of court who kept sending back my petitions
[01:41:36.000 --> 01:41:39.000]  for, my petition for writ of certiorari.
[01:41:39.000 --> 01:41:44.000]  And you suggested filing a petition for writ of mandamus against me.
[01:41:44.000 --> 01:41:47.000]  That took quite a while, but I got a good one off.
[01:41:47.000 --> 01:41:49.000]  Hopefully, he won't send that back.
[01:41:49.000 --> 01:41:57.000]  And your other suggestion was criminal complaint to U.S. Attorney General Holder.
[01:41:57.000 --> 01:42:00.000]  So now I'm looking at the procedures for that.
[01:42:00.000 --> 01:42:03.000]  Okay, hold on.
[01:42:03.000 --> 01:42:07.000]  You're going to file a criminal complaint against Holder or to Holder?
[01:42:07.000 --> 01:42:08.000]  With him.
[01:42:08.000 --> 01:42:12.000]  This is one of my questions, how this all works.
[01:42:12.000 --> 01:42:17.000]  It's a criminal complaint against the court.
[01:42:17.000 --> 01:42:19.000]  Is this a federal court?
[01:42:19.000 --> 01:42:20.000]  Yes.
[01:42:20.000 --> 01:42:22.000]  Oh, okay.
[01:42:22.000 --> 01:42:29.000]  So Title 18 of the U.S. Code looks like it would be the appropriate place.
[01:42:29.000 --> 01:42:33.000]  It's crimes and criminal procedures, what it's called.
[01:42:33.000 --> 01:42:37.000]  And it has a few mentions of federal grand juries in there.
[01:42:37.000 --> 01:42:43.000]  But I can't find any procedures on how to file a federal criminal complaint.
[01:42:43.000 --> 01:42:47.000]  And it's mostly the form of the complaint.
[01:42:47.000 --> 01:42:49.000]  I'm trying to wrap my head around.
[01:42:49.000 --> 01:42:53.000]  So I went to your site, Randy, Harrison Prudence.
[01:42:53.000 --> 01:42:56.000]  But that seems more geared toward Texas law.
[01:42:56.000 --> 01:43:02.000]  And Steve, I haven't been to your wonderful website for six months.
[01:43:02.000 --> 01:43:06.000]  So it was pro se something or?
[01:43:06.000 --> 01:43:08.000]  Shame on you.
[01:43:08.000 --> 01:43:09.000]  Yes, thank you.
[01:43:09.000 --> 01:43:16.000]  It's pro se foreclosure.wordpress.com.
[01:43:16.000 --> 01:43:17.000]  Okay.
[01:43:17.000 --> 01:43:20.000]  Yeah, you put a lot of thought into that.
[01:43:20.000 --> 01:43:22.000]  I really appreciated it.
[01:43:22.000 --> 01:43:23.000]  Yes, sir.
[01:43:23.000 --> 01:43:26.000]  If it's been a couple months since you've been there, I've got more articles up.
[01:43:26.000 --> 01:43:32.000]  I try to – every time I get an issue that crosses my mind, I'll write something on it.
[01:43:32.000 --> 01:43:38.000]  Do you have federal criminal complaints on there anywhere, you think?
[01:43:38.000 --> 01:43:40.000]  No, I don't.
[01:43:40.000 --> 01:43:45.000]  I stay pretty much in the area of mortgage.
[01:43:45.000 --> 01:43:47.000]  Yeah, I see.
[01:43:47.000 --> 01:43:49.000]  Well, 12 seconds.
[01:43:49.000 --> 01:43:51.000]  Okay.
[01:43:51.000 --> 01:43:54.000]  Let's go out.
[01:43:54.000 --> 01:44:00.000]  Right after this break, folks, stay tuned.
[01:44:00.000 --> 01:44:04.000]  You feel tired when talking about important topics like money and politics?
[01:44:04.000 --> 01:44:05.000]  Sorry.
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[01:46:22.000 --> 01:46:33.000]  Okay, we are back.
[01:46:33.000 --> 01:46:36.000]  I was going to say, you want to trip over each other coming in?
[01:46:36.000 --> 01:46:38.000]  No, I was...
[01:46:38.000 --> 01:46:41.000]  We really flubbed up that outro.
[01:46:41.000 --> 01:46:46.000]  Yeah, we did. I was waiting for this bumper music to kind of fade a little bit.
[01:46:46.000 --> 01:46:49.000]  I had a little trouble with the board getting the bumper music down.
[01:46:49.000 --> 01:46:52.000]  So I was kind of watching it there this time.
[01:46:52.000 --> 01:46:58.000]  Okay, we are talking to Norm in California.
[01:46:58.000 --> 01:47:00.000]  Okay, Norm, where were we?
[01:47:00.000 --> 01:47:05.000]  We were talking about federal criminal complaints.
[01:47:05.000 --> 01:47:13.000]  Okay, on jurisprudence, somewhere in there, I have some federal complaints
[01:47:13.000 --> 01:47:19.000]  that we filed against an IRS agent in Fort Lauderdale.
[01:47:19.000 --> 01:47:21.000]  Okay.
[01:47:21.000 --> 01:47:24.000]  Buried down in that stuff somewhere.
[01:47:24.000 --> 01:47:29.000]  But a federal criminal complaint looks like a court pleading.
[01:47:29.000 --> 01:47:33.000]  It has that kind of heading on it.
[01:47:33.000 --> 01:47:45.000]  But otherwise, the body of the complaint can look just like the complaints you see on the jurisprudence site.
[01:47:45.000 --> 01:47:50.000]  In a criminal complaint, it is intended to be written by a citizen
[01:47:50.000 --> 01:47:57.000]  and not a lawyer or a legal professional.
[01:47:57.000 --> 01:48:05.000]  So the structure of the criminal complaint is not so strict.
[01:48:05.000 --> 01:48:13.000]  You generally need to simply state that you have reason to believe and do believe
[01:48:13.000 --> 01:48:23.000]  based on the following, state your facts, and then that owner before this certain date,
[01:48:23.000 --> 01:48:29.000]  this person violated this law against the peace and dignity of the United States.
[01:48:29.000 --> 01:48:34.000]  It is not critical as to form.
[01:48:34.000 --> 01:48:36.000]  Okay.
[01:48:36.000 --> 01:48:43.000]  So if you pull any federal pleading, you have two boxes, one on each side at the top,
[01:48:43.000 --> 01:48:50.000]  and for complaint, you put defendant on the one side,
[01:48:50.000 --> 01:48:53.000]  and on the other side, you put complaint.
[01:48:53.000 --> 01:49:01.000]  And then down underneath, you'll start out with your name, and my name is Randall Kelton.
[01:49:01.000 --> 01:49:08.000]  I have reason to believe and do believe based on the following, and then state your facts.
[01:49:08.000 --> 01:49:16.000]  And then finish off with that so-and-so person violated a certain statute
[01:49:16.000 --> 01:49:22.000]  against the peace and dignity of the United States that I have reason to believe and do believe.
[01:49:22.000 --> 01:49:25.000]  Do believe is important to be there.
[01:49:25.000 --> 01:49:36.000]  And against the peace and dignity of the United States seems to be some kind of styling that they require.
[01:49:36.000 --> 01:49:39.000]  But structurally, that's about all there is to it.
[01:49:39.000 --> 01:49:45.000]  And a complaint really doesn't have to meet any standards.
[01:49:45.000 --> 01:49:55.000]  If you've heard of an information, you might go on PACER and criminal and look up an information, any information.
[01:49:55.000 --> 01:50:00.000]  A complaint is filed generally with a magistrate,
[01:50:00.000 --> 01:50:03.000]  and the magistrate will forward it to the clerk of the court of jurisdiction,
[01:50:03.000 --> 01:50:10.000]  and the clerk of the court will make a copy of the complaint available to the prosecutor.
[01:50:10.000 --> 01:50:16.000]  The prosecuting attorney will then take the complaint and reduce it to an information.
[01:50:16.000 --> 01:50:23.000]  What the information is, is a complaint created by the prosecutor.
[01:50:23.000 --> 01:50:30.000]  But instead of having complaint in the heading, it'll have information.
[01:50:30.000 --> 01:50:36.000]  And this information is a complaint in proper form.
[01:50:36.000 --> 01:50:44.000]  So finding information filed by a prosecutor, every case should have one in it.
[01:50:44.000 --> 01:50:49.000]  And the nonprofessional brings you the complaint.
[01:50:49.000 --> 01:50:54.000]  You're the lawyer, the prosecutor, you take that complaint and turn it into proper form
[01:50:54.000 --> 01:50:59.000]  and write on it, title it information so they know the prosecutor did it.
[01:50:59.000 --> 01:51:04.000]  So that complaint, that information is exactly what the complaint should look like.
[01:51:04.000 --> 01:51:07.000]  Does that make sense, Norm?
[01:51:07.000 --> 01:51:08.000]  Yes.
[01:51:08.000 --> 01:51:13.000]  Now the affidavit, of course, I just get it notarized locally.
[01:51:13.000 --> 01:51:15.000]  Yep, absolutely.
[01:51:15.000 --> 01:51:20.000]  And you said it looks like a complaint.
[01:51:20.000 --> 01:51:23.000]  Do I name a court on there?
[01:51:23.000 --> 01:51:25.000]  And information.
[01:51:25.000 --> 01:51:37.000]  Go on Lexus or just go on the Internet and look up information federal criminal.
[01:51:37.000 --> 01:51:38.000]  Okay.
[01:51:38.000 --> 01:51:39.000]  You should find it.
[01:51:39.000 --> 01:51:40.000]  I got that.
[01:51:40.000 --> 01:51:42.000]  I switched horses on you there.
[01:51:42.000 --> 01:51:49.000]  I went back to something earlier you said, you said stylize it like you're filing a complaint in court.
[01:51:49.000 --> 01:51:54.000]  Do I need to name a court?
[01:51:54.000 --> 01:51:55.000]  Always.
[01:51:55.000 --> 01:51:59.000]  In whatever court you're filing it in.
[01:51:59.000 --> 01:52:06.000]  Well, that might be the one that's getting me trouble then.
[01:52:06.000 --> 01:52:08.000]  Do you have jurisdictionary?
[01:52:08.000 --> 01:52:09.000]  Yes.
[01:52:09.000 --> 01:52:10.000]  You do.
[01:52:10.000 --> 01:52:12.000]  Go through that thing.
[01:52:12.000 --> 01:52:14.000]  Take advantage of it.
[01:52:14.000 --> 01:52:16.000]  That's why you got it.
[01:52:16.000 --> 01:52:19.000]  That's more about civil stuff though.
[01:52:19.000 --> 01:52:25.000]  Yes, but the same is going to apply in criminal so far as drafting your pleadings.
[01:52:25.000 --> 01:52:28.000]  Okay.
[01:52:28.000 --> 01:52:37.000]  Statement of facts, parties, statement of facts, allegations, so on and so forth.
[01:52:37.000 --> 01:52:39.000]  Okay.
[01:52:39.000 --> 01:52:48.000]  Because it seemed to be from what little I could find on the Internet that I'm supposed to take it to a federal magistrate
[01:52:48.000 --> 01:52:49.000]  Okay.
[01:52:49.000 --> 01:52:51.000]  Does that sound right?
[01:52:51.000 --> 01:52:54.000]  Yes, any judge is a magistrate.
[01:52:54.000 --> 01:52:57.000]  It just depends on which jurisdiction you invoke.
[01:52:57.000 --> 01:53:03.000]  If you want him to be a judge, then you're going to have to file suit, call the other party to court.
[01:53:03.000 --> 01:53:09.000]  You invoke his duty as a magistrate, he's just there to determine probable cause.
[01:53:09.000 --> 01:53:16.000]  Anytime you present a criminal complaint to a judge, he stops being a judge and becomes a magistrate.
[01:53:16.000 --> 01:53:18.000]  Right.
[01:53:18.000 --> 01:53:22.000]  It's just a matter of finding one.
[01:53:22.000 --> 01:53:23.000]  Oh, piece of cake.
[01:53:23.000 --> 01:53:24.000]  Go down to the federal courthouse.
[01:53:24.000 --> 01:53:26.000]  They're in every court.
[01:53:26.000 --> 01:53:33.000]  Yeah, and ask the clerk if there's a judge holding motion hearings today.
[01:53:33.000 --> 01:53:37.000]  And if they say no, say when is the next judge going to hold motion hearings?
[01:53:37.000 --> 01:53:43.000]  Motion hearings, most of these motions, they go through in just a few seconds.
[01:53:43.000 --> 01:53:48.000]  So the lawyers generally line up to get their motions heard.
[01:53:48.000 --> 01:53:54.000]  So you go in, and the reason for that is there's lots of breaks.
[01:53:54.000 --> 01:54:01.000]  It's not like where they're having a trial, examining witnesses and such where there are no breaks.
[01:54:01.000 --> 01:54:03.000]  Go up and stand by the bench.
[01:54:03.000 --> 01:54:06.000]  I'm sorry, stand by the bar.
[01:54:06.000 --> 01:54:11.000]  And the bailiff will come over, US marshal will come over and say, can I help you?
[01:54:11.000 --> 01:54:19.000]  And you tell the marshal, tell him your name and tell him to instruct the judge that you have business with the court.
[01:54:19.000 --> 01:54:22.000]  And the marshal will say, may I tell him the nature of the business?
[01:54:22.000 --> 01:54:23.000]  Yes, you may.
[01:54:23.000 --> 01:54:30.000]  Give him this and give the marshal a sealed document, sealed envelope with all your complaints in it.
[01:54:30.000 --> 01:54:33.000]  And he'll take it up and give it to the judge.
[01:54:33.000 --> 01:54:39.000]  And when the judge gets done with what he's doing, he'll look at it and call you up.
[01:54:39.000 --> 01:54:43.000]  That's my bushwhack method.
[01:54:43.000 --> 01:54:47.000]  Never tell the bailiff what your business is.
[01:54:47.000 --> 01:54:58.000]  If the bailiff insists on you telling him what your business is, generally sometimes they'll say, may I tell the judge the nature of the business?
[01:54:58.000 --> 01:55:06.000]  And if I have at times said, no, you may not, I have business with the court and it's none of yours, you're dismissed.
[01:55:06.000 --> 01:55:09.000]  That's when I really want to get the bailiff upset.
[01:55:09.000 --> 01:55:13.000]  Because when you do that, he's not going to know who you are.
[01:55:13.000 --> 01:55:15.000]  And lawyers never do that to him.
[01:55:15.000 --> 01:55:23.000]  So he's going to run up to the judge and say, I got some guy out here that says he has business with you and he won't tell me what it is.
[01:55:23.000 --> 01:55:29.000]  And the judge is going to look out at you and you're going to be sitting there holding a red folder.
[01:55:29.000 --> 01:55:34.000]  And the judge just will not be able to help himself.
[01:55:34.000 --> 01:55:41.000]  He has to know who you are and he'll call you up.
[01:55:41.000 --> 01:55:53.000]  Once you put him in his hand, he may give you sage advice and say, oh, well, gee, Willikers, you really should take this to the FBI or some other such stuff.
[01:55:53.000 --> 01:55:56.000]  Who cares?
[01:55:56.000 --> 01:55:58.000]  You give it to him, you've invoked his duty.
[01:55:58.000 --> 01:56:04.000]  And when you go to the FBI, you go with complaints against him for not taking the complaint that you filed against him.
[01:56:04.000 --> 01:56:10.000]  The only way we get him to take our complaints is we just have to kind of pressure him.
[01:56:10.000 --> 01:56:12.000]  Does that make sense?
[01:56:12.000 --> 01:56:13.000]  Yeah.
[01:56:13.000 --> 01:56:19.000]  It's just a matter of finding a federal magistrate within an hour or two here.
[01:56:19.000 --> 01:56:21.000]  All judges are magistrates.
[01:56:21.000 --> 01:56:27.000]  Wherever your federal courthouse is, that judge is a magistrate as soon as you tell him about the criminal issue.
[01:56:27.000 --> 01:56:28.000]  Okay.
[01:56:28.000 --> 01:56:40.000]  In Texas, attorney general opinion H500 says any magistrate may hear any complaint, felony or misdemeanor, state or federal.
[01:56:40.000 --> 01:56:43.000]  That is the purpose of the magistrate.
[01:56:43.000 --> 01:56:45.000]  Take it to any magistrate.
[01:56:45.000 --> 01:56:47.000]  You're in California.
[01:56:47.000 --> 01:56:51.000]  Take it to the nearest district judge and he's going to say, well, you really need to take this feds.
[01:56:51.000 --> 01:56:53.000]  He said, no, I don't.
[01:56:53.000 --> 01:56:59.000]  I need to take this to a magistrate and you're a magistrate and you need to get it to wherever it goes.
[01:56:59.000 --> 01:57:00.000]  Put it on the judge.
[01:57:00.000 --> 01:57:06.000]  That's one way of doing it.
[01:57:06.000 --> 01:57:12.000]  Are you near Los Angeles or San Francisco, San Diego, any of the big towns?
[01:57:12.000 --> 01:57:16.000]  No, I'm in the real California.
[01:57:16.000 --> 01:57:17.000]  In where?
[01:57:17.000 --> 01:57:23.000]  I'm from Northern California, not Southern California.
[01:57:23.000 --> 01:57:26.000]  Yeah, it's rural here.
[01:57:26.000 --> 01:57:28.000]  The federal courthouse is there.
[01:57:28.000 --> 01:57:29.000]  Okay, wait a minute.
[01:57:29.000 --> 01:57:34.000]  I'm having trouble understanding you're fading in and out.
[01:57:34.000 --> 01:57:37.000]  I'm in Northern California.
[01:57:37.000 --> 01:57:39.000]  Oh, okay.
[01:57:39.000 --> 01:57:42.000]  Is there no federal court near you?
[01:57:42.000 --> 01:57:46.000]  No, it's an hour or two away, I'm guessing.
[01:57:46.000 --> 01:57:49.000]  Then it's reasonable to go to a local magistrate.
[01:57:49.000 --> 01:57:53.000]  That was the purpose of magistrates.
[01:57:53.000 --> 01:58:00.000]  That's why they put in JPs and put them all around the county so a magistrate would be close to everybody.
[01:58:00.000 --> 01:58:04.000]  If a person's arrested, they're to be taken directly to that magistrate.
[01:58:04.000 --> 01:58:08.000]  And then later, what they're arrested for, they're to be taken to the magistrate.
[01:58:08.000 --> 01:58:12.000]  So just fire into any judge and dump it on him.
[01:58:12.000 --> 01:58:15.000]  Okay, that sounds good.
[01:58:15.000 --> 01:58:18.000]  Okay, we are out of time.
[01:58:18.000 --> 01:58:20.000]  Thank you all for listening.
[01:58:20.000 --> 01:58:22.000]  Well, that four hours went quick.
[01:58:22.000 --> 01:58:25.000]  It sure did when you're having fun.
[01:58:25.000 --> 01:58:29.000]  This is Randy Kelkin, Steve Skidmore, Rue La Radio.
[01:58:29.000 --> 01:58:31.000]  Thank you all for listening.
[01:58:31.000 --> 01:58:37.000]  We'll be back next week and make sure you go to our website and check out our sponsors.
[01:58:37.000 --> 01:58:38.000]  Help support the network.
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[01:58:42.000 --> 01:58:44.000]  Thank you for listening, folks.
[01:58:44.000 --> 01:58:46.000]  Good night.
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