[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 --> 00:13.000]  I'm Brian Hagan with your Liberty Beat for Thursday, July 31, 2014.
[00:13.000 --> 00:16.000]  Gold opens today at $1,295.
[00:16.000 --> 00:18.000]  Silver opens at $20.66.
[00:18.000 --> 00:21.000]  And Bitcoin is trading around $574.
[00:21.000 --> 00:24.000]  Support for the Liberty Beat comes from Affordable Sound.
[00:24.000 --> 00:28.000]  CD and DVD duplication for all your print and audio duplication needs.
[00:28.000 --> 00:34.000]  Mention promo code LIBERTY and get 5% off all DVD and CD duplication jobs.
[00:34.000 --> 00:36.000]  Online at AffordableSound.com.
[00:36.000 --> 00:41.000]  Or give them a call, 512-459-5253.
[00:41.000 --> 00:46.000]  In the news, the United Nations has accused Israel of seriously violating international law
[00:46.000 --> 00:49.000]  after it struck a school located within a refugee camp,
[00:49.000 --> 00:53.000]  killing at least 15 people, mostly women and children, as they slept.
[00:53.000 --> 00:56.000]  That word from a report published by The Guardian.
[00:56.000 --> 01:00.000]  The UN secretary-general said the attack, which left 100 more injured,
[01:00.000 --> 01:05.000]  was outrageous and unjustifiable, and demanded accountability and justice.
[01:05.000 --> 01:13.000]  The attack left 17 dead, including a journalist, according to Gaza health officials.
[01:13.000 --> 01:16.000]  On Tuesday, the United States and the European Union announced plans
[01:16.000 --> 01:19.000]  to inflict a new round of sanctions against Moscow.
[01:19.000 --> 01:23.000]  The broader sanctions include limiting access to EU capital markets
[01:23.000 --> 01:25.000]  for Russian state-owned financial institutions,
[01:25.000 --> 01:31.000]  imposing an embargo on arms trade, and reducing Russia's access to sensitive technologies,
[01:31.000 --> 01:33.000]  particularly in the oil sector.
[01:33.000 --> 01:37.000]  In a speech in front of the White House, Obama said the U.S. will block the exports
[01:37.000 --> 01:44.000]  of specific goods and technologies to the Russian energy sector.
[01:44.000 --> 01:49.000]  Albuquerque Police Department is considering scrapping use of its MRAP armored vehicle
[01:49.000 --> 01:52.000]  after opposition from the public and negative press attention
[01:52.000 --> 01:56.000]  that accused the country of turning into a militarized police state.
[01:56.000 --> 01:58.000]  The department acquired the military-style vehicle
[01:58.000 --> 02:01.000]  through the Department of Defense's 1033 program,
[02:01.000 --> 02:04.000]  which allows law enforcement agencies to obtain war vehicles
[02:04.000 --> 02:07.000]  used to hunt insurgents in Iraq and Afghanistan.
[02:07.000 --> 02:12.000]  An ACLU report warned that such vehicles are part of militarized policing,
[02:12.000 --> 02:15.000]  in which Americans are treated like wartime enemies.
[02:15.000 --> 02:18.000]  Support for Liberty Week comes from the Corey Moore Show,
[02:18.000 --> 02:21.000]  live each Friday night at 9 o'clock Central Time.
[02:21.000 --> 02:24.000]  That's CoreyMoorShow.com.
[02:24.000 --> 02:28.000]  And support for Liberty Week comes from Roberts & Roberts Brokerage, Inc.,
[02:28.000 --> 02:32.000]  specializing in precious metals since 1977.
[02:32.000 --> 02:37.000]  They don't beat the banks by taking credit cards, but you can bet they take Bitcoin.
[02:37.000 --> 02:45.000]  Online at rrbi.co or by phone at 800-874-9760.
[02:45.000 --> 02:51.000]  This is the Liberty Beat for Thursday, July 31, 2014.
[02:51.000 --> 03:16.000]  Check out the website at thelibertybeat.com.
[03:21.000 --> 03:29.000]  What you gonna do?
[03:29.000 --> 03:32.000]  Bad boys, bad boys, what you gonna do?
[03:32.000 --> 03:35.000]  What you gonna do when they come for you?
[03:35.000 --> 03:38.000]  Bad boys, bad boys, what you gonna do?
[03:38.000 --> 03:41.000]  What you gonna do when they come for you?
[03:41.000 --> 03:44.000]  When you were eight and you had bad traits
[03:44.000 --> 03:47.000]  You'd go to school and learn the golden rule
[03:47.000 --> 03:50.000]  So why are you acting like a bloody fool?
[03:50.000 --> 03:53.480]  Whatcha gonna do, or whatcha gonna do when they come for you?
[03:53.480 --> 03:55.480]  Bad boys, bad boys, whatcha gonna do, or whatcha gonna do when they come for you?
[03:55.480 --> 04:03.240]  You chuck it on that one, you chuck it on this one you chuck it on your mother and
[04:03.240 --> 04:03.520]  you chuck it on your father you chuck it on yourlaugher and you chuck it on your sister
[04:03.520 --> 04:07.840]  you chuck it on that one and you chuck it on me skiing
[04:07.840 --> 04:14.680]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do waist when they come for you bad
[04:14.680 --> 03:51.780]  boys
[03:51.780 --> 03:53.780]  Whatcha gonna do when they come for you?
[03:54.780 --> 03:56.560]  Bad boys
[04:00.960 --> 04:03.680]  You chuck it on that one. You chuck it on this one.
[04:03.680 --> 04:05.480]  You chuck it on ya mother and you chuck it on your father.
[04:05.480 --> 04:08.480]  You chuck it on your brother and you chuck it on your sister.
[04:10.480 --> 04:11.900]  Bad boys.
[04:11.900 --> 04:12.880]  Whatcha gonna do?
[04:12.880 --> 04:14.480]  Whatcha gonna do when they come for you?
[04:14.480 --> 04:24.600]  Howdy, howdy, this is Randy Kelton, here with Steve Skidmore, New Law Radio on this August
[04:24.600 --> 04:31.320]  the 1st, 2014, we're over the half point of another year already.
[04:31.320 --> 04:33.320]  Where's it gone?
[04:33.320 --> 04:38.120]  It's like the last one, I couldn't believe how quickly it went.
[04:38.120 --> 04:44.240]  My mother warned me about this, that it's going to get worse.
[04:44.240 --> 04:50.520]  When I was a kid, I helped a friend of mine and his dad put insulation in an attic of
[04:50.520 --> 04:54.720]  building that he bought from a military base, they'd cut a barracks in half and hauled
[04:54.720 --> 04:58.560]  it off and he bought it.
[04:58.560 --> 05:04.640]  About middle of June or July, it was hot, nasty, sticky, sweaty, we had fiberglass all
[05:04.640 --> 05:05.640]  over us.
[05:05.640 --> 05:09.040]  We got done with the job, I swung my feet over the edge of the eaves and said, man I
[05:09.040 --> 05:10.040]  feel old.
[05:10.040 --> 05:18.440]  The boy, his name was Gene, I called him Mr. Gene, respectfully, but he's an old farmer
[05:18.440 --> 05:26.120]  type, wore boots, no socks, overalls, no shirt, chewing on a cigar, overweight, drank too
[05:26.120 --> 05:32.720]  much, smoked too much, but he said, boy you don't know what it is to be old.
[05:32.720 --> 05:37.760]  He said, the older you get, the faster you get older and I thought at that time, I thought
[05:37.760 --> 05:41.880]  it was the ramblings of an old cigar-chewing fat man, didn't pay any attention to him until
[05:41.880 --> 05:47.280]  I had kids and then when I had kids, it dawned on me one night around Christmas that when
[05:47.280 --> 05:51.880]  I was a kid, it seemed that Christmas only came around like once every other year, but
[05:51.880 --> 05:56.960]  now that I have kids, it's here twice a year and when that dawned on me, I thought about
[05:56.960 --> 06:03.320]  that old fat man is chewing on a cigar, but that insulation, it hit that, okay, yeah,
[06:03.320 --> 06:06.120]  all right, Mr. Gene, I say what you mean.
[06:06.120 --> 06:09.080]  The older we get, the faster we get older.
[06:09.080 --> 06:10.820]  That's what he said.
[06:10.820 --> 06:16.760]  That is the case and our phone lines will be open all night.
[06:16.760 --> 06:25.280]  512-646-1984, that should be a familiar number with any Orwell fan.
[06:25.280 --> 06:33.520]  We will be taking your calls on subjects of foreclosure, legal issues, whatever interests
[06:33.520 --> 06:39.520]  you that we can answer with some degree of authority.
[06:39.520 --> 06:42.000]  In other words, we didn't have a subject topic tonight.
[06:42.000 --> 06:45.000]  Well, actually, I've always got stuff that I-
[06:45.000 --> 06:49.160]  Oh yeah, there's always something to talk about, the latest events and you know.
[06:49.160 --> 06:53.720]  I have been doing the, I've been winding up at the end of the show with people we're
[06:53.720 --> 07:00.600]  not getting to, so I wanted to make sure that I got to everybody, had a couple last night
[07:00.600 --> 07:11.160]  that I couldn't get to and they waited a long time and I owed it to them to get to them.
[07:11.160 --> 07:20.000]  There is a topic that I'm looking at as I develop what I'm doing more and more.
[07:20.000 --> 07:22.840]  This whole idea of politics grows.
[07:22.840 --> 07:31.760]  I just got off the phone with a friend of mine from Queensland, Australia and he was
[07:31.760 --> 07:38.880]  talking about exactly the same kinds of problems we're having here.
[07:38.880 --> 07:50.880]  Apparently, at least in Queensland, all of the policing has been taken over by some outside
[07:50.880 --> 07:53.320]  company.
[07:53.320 --> 07:57.720]  Appears they privatized the policing operations in Australia.
[07:57.720 --> 07:58.720]  For profit.
[07:58.720 --> 08:04.640]  Or at least in Queensland and that is really scary business.
[08:04.640 --> 08:08.120]  Well, they did it here decades ago.
[08:08.120 --> 08:17.480]  Well, they did the jail somewhat, but not the police themselves and one of his concerns
[08:17.480 --> 08:25.240]  was that they changed their uniforms from what they had always been to these, the kinds
[08:25.240 --> 08:34.960]  of uniforms he said, the Nazi uniforms that we use here and I take that to be the SWAT
[08:34.960 --> 08:45.440]  team, black, jackboots and parachute pants like our old jungle fatigues with pockets
[08:45.440 --> 08:47.440]  all over the place.
[08:47.440 --> 08:51.840]  And they're having the exact same concerns we're having is that the police are becoming
[08:51.840 --> 08:58.920]  much more militarized and are treating the population as if they are civilians in an
[08:58.920 --> 09:02.000]  occupied nation.
[09:02.000 --> 09:10.640]  And we're getting the same thing here, but in talking to him, it's clear that in the
[09:10.640 --> 09:20.680]  end it's all politics and it's hard to get people to make the transition.
[09:20.680 --> 09:28.400]  We are so accustomed to trusting in the legal system to protect us.
[09:28.400 --> 09:34.000]  What would happen if you lived in absolutely the worst police state the world had ever
[09:34.000 --> 09:44.800]  seen, if you lived in a state where anybody accused of any crime with or without any justification
[09:44.800 --> 09:50.880]  was going to be found guilty, that all the policemen had to do was accuse you of a crime
[09:50.880 --> 09:54.480]  and you're guilty.
[09:54.480 --> 09:55.480]  And the law didn't-
[09:55.480 --> 09:56.480]  Aren't we there?
[09:56.480 --> 10:00.560]  I was getting to that, yes.
[10:00.560 --> 10:01.560]  The problem was-
[10:01.560 --> 10:04.600]  Sorry, I didn't mean to steal your thunder.
[10:04.600 --> 10:09.760]  The problem is, is the vast majority of the public, even in the worst police state the
[10:09.760 --> 10:14.760]  world has ever seen, they get up in the morning, they go to work, they mind their own business.
[10:14.760 --> 10:24.440]  The police are never of sufficient numbers to harass everybody.
[10:24.440 --> 10:35.920]  In Nazi Germany we see these newsreels and videos of the brown shirts and we hear all
[10:35.920 --> 10:42.720]  the propaganda about how horrible the brown shirts were and how they mistreated all the
[10:42.720 --> 10:43.720]  public.
[10:43.720 --> 10:44.720]  Well, they didn't.
[10:44.720 --> 10:52.120]  They only mistreated Jews and they didn't mistreat everybody.
[10:52.120 --> 10:58.120]  Most Germans got up in the morning, went to work, came home, ate their schudel, minded
[10:58.120 --> 11:04.840]  their business and really had no concept of what all was going on in a larger historical
[11:04.840 --> 11:06.200]  sense.
[11:06.200 --> 11:11.480]  And I think that's kind of common because I sometimes have people ask me about events
[11:11.480 --> 11:16.000]  that occurred while I was alive that I knew nothing about.
[11:16.000 --> 11:21.320]  Yes, I was doing other things, but we can't pay attention to everything.
[11:21.320 --> 11:26.800]  How many people here in the United States get up in the morning, go to work, earn a
[11:26.800 --> 11:33.000]  paycheck, come home, watch a little TV, go to bed?
[11:33.000 --> 11:37.720]  They don't have any experience with the legal system and we say all the time that the only
[11:37.720 --> 11:43.760]  people who trust the legal system are the ones who's never had any dealings with it.
[11:43.760 --> 11:48.920]  And that is the vast majority of the population.
[11:48.920 --> 11:53.440]  And it's always going to be that way.
[11:53.440 --> 12:01.240]  So in trying to fix this, we have the vast majority of the middle of the road thinking
[12:01.240 --> 12:11.280]  that they are being protected, thinking that the reason the police haven't kicked down
[12:11.280 --> 12:18.040]  their door and beat them up and thrown them in jail is because they're really good guys
[12:18.040 --> 12:21.080]  and they really don't do that kind of stuff in spite of this garbage that you hear from
[12:21.080 --> 12:26.480]  all these right wing radicals.
[12:26.480 --> 12:34.360]  And for the most part, it's because they don't have time, they can't get to everybody.
[12:34.360 --> 12:44.680]  So when you go to these folks and say, everything you have believed your entire life is a lie,
[12:44.680 --> 12:46.480]  it's simply not true.
[12:46.480 --> 12:48.880]  You are not protected.
[12:48.880 --> 12:53.240]  You are absolutely in harm's way.
[12:53.240 --> 12:57.200]  There is no law that protects you.
[12:57.200 --> 13:03.560]  Well, how would you feel if you were in a country where there were no laws to protect
[13:03.560 --> 13:04.560]  you?
[13:04.560 --> 13:12.600]  I remember going to Thailand first and in Vietnam and one of the, the first thing they
[13:12.600 --> 13:21.480]  did when we got to Thailand is they gave us an introductory course into the Thai culture.
[13:21.480 --> 13:31.200]  And it was so radically different that we all fully understood that as Americans, when
[13:31.200 --> 13:40.440]  we stepped off of that base, we had no idea what the world was really like that we were
[13:40.440 --> 13:44.920]  in and we felt we had no protection.
[13:44.920 --> 13:50.600]  Just to make it really clear that the king considers that if a policeman shoots you,
[13:50.600 --> 13:55.880]  he had good reason and the question is not going to be, why did the policeman shoot you?
[13:55.880 --> 14:00.480]  But the question is going to be, what did you do to give the, put the policeman in a
[14:00.480 --> 14:04.180]  position to where he had to shoot you?
[14:04.180 --> 14:08.020]  And for us, that was terrifying.
[14:08.020 --> 14:16.240]  But my experience with Thai policemen were that they were extremely polite, extremely
[14:16.240 --> 14:24.440]  cautious and they gave us a tremendous amount of latitude, but I didn't feel like they
[14:24.440 --> 14:25.440]  would.
[14:25.440 --> 14:31.520]  So there were probably dynamics that we didn't know about, but I felt totally vulnerable
[14:31.520 --> 14:33.600]  all the time.
[14:33.600 --> 14:42.280]  And it was difficult being in a place to where you feel as though you have no idea how to
[14:42.280 --> 14:43.800]  keep yourself out of trouble.
[14:43.800 --> 14:52.000]  One of the things they told us, if you drop a Thai note and it starts to blow away, whatever
[14:52.000 --> 14:59.380]  you do, do not catch that note with your foot because the policeman will beat you half to
[14:59.380 --> 15:03.500]  death if they catch you doing something like that.
[15:03.500 --> 15:09.320]  Because the king's picture is on that note and the king is highly revered and in Thailand,
[15:09.320 --> 15:14.560]  the foot is considered insulting or degrading.
[15:14.560 --> 15:21.120]  To put your foot on someone is a very degrading act and to put your foot on the face or the
[15:21.120 --> 15:26.200]  head of the king, they would be infuriated.
[15:26.200 --> 15:30.600]  They would take that as a horrible insult.
[15:30.600 --> 15:34.760]  And we're listening to this thinking, holy mackerel, we have no idea what we're into
[15:34.760 --> 15:35.760]  here.
[15:35.760 --> 15:38.320]  And it was terrifying.
[15:38.320 --> 15:46.720]  So we take someone who is in his country of origin, in his native culture and tell them
[15:46.720 --> 15:54.440]  all those things you have been taught in school and have come to accept and believe and hold
[15:54.440 --> 15:55.440]  sacred.
[15:55.440 --> 15:58.080]  Well, that's all a bunch of garbage.
[15:58.080 --> 16:00.280]  It's not that way at all.
[16:00.280 --> 16:06.320]  That in fact, you're in the worst police state the world has ever seen.
[16:06.320 --> 16:14.280]  You can be arrested, thrown in jail and found guilty without any regard to law whatsoever.
[16:14.280 --> 16:18.880]  How do you process something like that?
[16:18.880 --> 16:24.000]  How do you take your whole belief system and turn it around?
[16:24.000 --> 16:27.760]  Well, for the most part, they don't.
[16:27.760 --> 16:31.400]  Makes no difference how much proof you give them.
[16:31.400 --> 16:38.760]  It's not a belief they can allow themselves to accept because the consequences are far
[16:38.760 --> 16:41.320]  too great.
[16:41.320 --> 16:47.920]  This is Randy Kelton, Steve Skidmore, Rule Bell Radio, a call in number 512-646-1984.
[16:47.920 --> 16:51.080]  Darlene, Leslie, I see you there.
[16:51.080 --> 16:55.240]  We will start taking your calls when we come back.
[16:55.240 --> 17:00.720]  We'll be right back.
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[18:59.920 --> 19:12.360]  You are listening to the Logos Radio Network, logosradionetwork.com.
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[19:37.520 --> 20:04.560]  Okay, we are back, Randy Kelton, Steve Skidmore of Rule of Law Radio and we're going to go
[20:04.560 --> 20:08.720]  to Leslie in Pennsylvania.
[20:08.720 --> 20:09.720]  Hello Miss Leslie.
[20:09.720 --> 20:10.720]  Hi, how are you?
[20:10.720 --> 20:11.720]  Fine, thank you.
[20:11.720 --> 20:12.720]  How are you, Leslie?
[20:12.720 --> 20:17.960]  We still got music in the background, Randy.
[20:17.960 --> 20:18.960]  Can you pod that down?
[20:18.960 --> 20:19.960]  No, I can't.
[20:19.960 --> 20:22.120]  I don't have my page up.
[20:22.120 --> 20:25.120]  You're not on the drive in, Leslie?
[20:25.120 --> 20:27.120]  Nate's got it.
[20:27.120 --> 20:28.120]  Okay.
[20:28.120 --> 20:29.120]  Okay.
[20:29.120 --> 20:30.120]  There you go, Leslie.
[20:30.120 --> 20:31.120]  Run.
[20:31.120 --> 20:33.120]  Hit the ground running, honey.
[20:33.120 --> 20:36.120]  I've been busy this week.
[20:36.120 --> 20:37.120]  Good for you.
[20:37.120 --> 20:42.480]  Well, I'm busy every week, but busier than usual.
[20:42.480 --> 20:47.080]  I finally decided to take a look at everything I've been going through and see where I can
[20:47.080 --> 20:49.520]  find the crime and how much of it.
[20:49.520 --> 20:58.320]  So, I went through my docket and I found 39 instances of criminal activity.
[20:58.320 --> 20:59.320]  Only 39?
[20:59.320 --> 21:00.320]  Really?
[21:00.320 --> 21:01.320]  That's being conservative.
[21:01.320 --> 21:10.920]  I'm sure there is another whole slew of them, but we'll start.
[21:10.920 --> 21:20.320]  Are you including the violations of any of the ethics code or rules of professional conduct?
[21:20.320 --> 21:23.200]  Because I believe most of those are misdemeanors.
[21:23.200 --> 21:26.600]  No, I'm talking felony.
[21:26.600 --> 21:27.600]  Aha.
[21:27.600 --> 21:28.600]  Lovely.
[21:28.600 --> 21:31.600]  You have been busy.
[21:31.600 --> 21:32.600]  Yeah.
[21:32.600 --> 21:42.440]  Well, I have 18 Pennsylvania Consolidated Statutes, number 4904, unsworn falsification
[21:42.440 --> 21:43.440]  to authorities.
[21:43.440 --> 21:46.080]  Now, that is misdemeanors.
[21:46.080 --> 21:52.120]  There's two different violations for every document they put into my case.
[21:52.120 --> 21:59.960]  Then we have forgery, because they're taking a forged document and expecting everyone else
[21:59.960 --> 22:07.760]  to take it as gospel, so that comes under forgery and that's a third degree felony.
[22:07.760 --> 22:15.600]  Then we have public documents, because they're taking and they're presenting the record and
[22:15.600 --> 22:24.120]  document from the public record in the Recorder of Deeds office and presenting it to the court
[22:24.120 --> 22:28.680]  telling it's a genuine part of the records, and it's actually true, when the court already
[22:28.680 --> 22:31.880]  has testimony that it's a forgery.
[22:31.880 --> 22:37.080]  It's also tampering with governmental documents.
[22:37.080 --> 22:38.080]  Yes.
[22:38.080 --> 22:44.840]  Well, that's what I'm saying, it's two different violations.
[22:44.840 --> 22:58.880]  One is presenting a government document and then using it in a court case.
[22:58.880 --> 22:59.880]  You know what I mean?
[22:59.880 --> 23:00.880]  Falsifying.
[23:00.880 --> 23:01.880]  Right.
[23:01.880 --> 23:12.480]  Then we also have him where they sign the verification on every kind of, on every pleading
[23:12.480 --> 23:17.560]  they have to sign their name, well, that's a false swearing because everything they said
[23:17.560 --> 23:22.320]  about that was false, because it's not an actual document.
[23:22.320 --> 23:24.680]  Misrepresentation of material fact.
[23:24.680 --> 23:32.360]  Yes, that's true, but I only went after those four things and then I was going to go down
[23:32.360 --> 23:38.440]  and see what other ones we could do and what the statute of limitations is.
[23:38.440 --> 23:43.280]  I know for the forgeries and frauds, it's two years, and I have to get them in by October.
[23:43.280 --> 23:49.080]  I wanted to get them in this week, but I also needed to know if there's something besides
[23:49.080 --> 23:57.000]  the one, I sent you a sample of it, Randy, I don't know if you downloaded it, but that's
[23:57.000 --> 23:58.640]  what I did.
[23:58.640 --> 24:03.360]  And I wanted to know if there was something else I needed to put with that, a cover letter.
[24:03.360 --> 24:13.960]  I wanted to send it to the county prosecutor, the foreman of the grand jury, the attorney
[24:13.960 --> 24:14.960]  general.
[24:14.960 --> 24:21.240]  Wait, do you have a grand jury in paneled?
[24:21.240 --> 24:27.040]  In Pennsylvania, you don't always have a grand jury in paneled, the judge in panels one when
[24:27.040 --> 24:29.480]  he decides he needs one.
[24:29.480 --> 24:30.480]  Okay.
[24:30.480 --> 24:43.480]  How it works in Pennsylvania is that the prosecuting attorney has prosecutorial discretion.
[24:43.480 --> 24:49.200]  So he gets the complaint first and he can determine whether or not there's sufficient
[24:49.200 --> 24:56.040]  evidence to believe that a crime has been committed and that the person accused committed
[24:56.040 --> 24:58.960]  that crime.
[24:58.960 --> 25:12.400]  So if he elects not to pursue prosecution, unlike most every other state, in Pennsylvania
[25:12.400 --> 25:21.200]  you have standing in that you can appeal the action of the prosecuting attorney to the
[25:21.200 --> 25:23.320]  court of common police.
[25:23.320 --> 25:27.720]  So your complaints should first go to the prosecutor.
[25:27.720 --> 25:30.040]  Okay.
[25:30.040 --> 25:33.840]  And then give him time to refuse to prosecute.
[25:33.840 --> 25:36.240]  He may actually prosecute.
[25:36.240 --> 25:37.240]  Let's go back to-
[25:37.240 --> 25:38.240]  Everything's documented.
[25:38.240 --> 25:41.960]  I mean, how can he not prosecute?
[25:41.960 --> 25:44.440]  Here's how he can not prosecute.
[25:44.440 --> 25:55.400]  If you're asking him to go after someone with deep pockets and political clout, he is not
[25:55.400 --> 25:58.800]  going to be real happy about that.
[25:58.800 --> 26:04.040]  He's going to rather do something really easy.
[26:04.040 --> 26:09.640]  So everything is political.
[26:09.640 --> 26:16.740]  So if we're going to get this thing done, yeah, if we're going to get the prosecutor
[26:16.740 --> 26:21.840]  to do something, you got to give him a political reason to do it.
[26:21.840 --> 26:24.640]  And there's a couple of political reasons and ways to go at it.
[26:24.640 --> 26:31.320]  One, you can show where it's in the prosecutor's best interest to pursue this.
[26:31.320 --> 26:38.480]  The other is you can create a pleading such that it is very likely that either the court
[26:38.480 --> 26:46.680]  of common please or one of the courts up the line to the Supreme will actually accept these
[26:46.680 --> 26:54.560]  complaints and that'll put a political egg in his face with his constituents.
[26:54.560 --> 27:03.120]  As it can be shown then that he abandoned his constituents to the banks.
[27:03.120 --> 27:09.520]  So look at all the complaints that you have.
[27:09.520 --> 27:17.800]  How can you construct those complaints or organize those complaints so that they tell
[27:17.800 --> 27:25.640]  a story so that each accusation leads to the next one?
[27:25.640 --> 27:33.000]  And one of the things I talk about when I do this is that we have a very well structured
[27:33.000 --> 27:37.200]  corpus juris, body of law.
[27:37.200 --> 27:43.000]  We've had human beings subject to law for a couple of hundred years in this country
[27:43.000 --> 27:54.440]  and seven or eight hundred years in the prior common law since 1216.
[27:54.440 --> 28:01.160]  So we've had a lot of time to figure out what scandals do and put remedies in place for
[28:01.160 --> 28:05.640]  their scandalous behavior.
[28:05.640 --> 28:11.640]  And in order for them to perpetrate this scandalous behavior, they have to violate a whole stack
[28:11.640 --> 28:14.040]  of laws.
[28:14.040 --> 28:22.920]  This is how I justified stacking on the complaints by saying that we have all these protections
[28:22.920 --> 28:24.360]  in place.
[28:24.360 --> 28:31.520]  This law here is a protection to prevent this kind of behavior.
[28:31.520 --> 28:39.560]  And had these individuals just abided by one of these laws, this whole corrupt enterprise
[28:39.560 --> 28:42.560]  would have been interrupted.
[28:42.560 --> 28:46.960]  But in order to do it, they had to violate all, look at all this stuff they had to violate.
[28:46.960 --> 28:54.360]  So it can't be presumed that they somehow acted without culpable intent and you might
[28:54.360 --> 29:01.240]  want to look at the, in the front of the penal code, you'll have a section there on culpability.
[29:01.240 --> 29:08.880]  In Texas, it's chapter six and seven and it defines what renders someone culpable and
[29:08.880 --> 29:16.640]  you'll like that because it will give you a way to stitch all these people together.
[29:16.640 --> 29:22.280]  It'll address people acting in concert inclusion.
[29:22.280 --> 29:32.560]  Well, the main attorney has over 20 violations, 20 complaints for one attorney.
[29:32.560 --> 29:41.600]  And he's an attorney of all people, he is presumed to be well aware of what the law
[29:41.600 --> 29:42.600]  says.
[29:42.600 --> 29:43.600]  Yes.
[29:43.600 --> 29:44.600]  He absolutely.
[29:44.600 --> 29:45.600]  I don't have all the violations.
[29:45.600 --> 29:46.600]  That's why I was going to call, that's why.
[29:46.600 --> 29:47.600]  Okay, hang on.
[29:47.600 --> 29:48.600]  We're about to go to break.
[29:48.600 --> 29:49.600]  This is Randy Kelton, this is Steve Kigmore, we have our radio, I'll call you number 512-646-1984.
[29:49.600 --> 29:50.600]  We'll be right back.
[29:50.600 --> 30:04.120]  Living alone is no fun.
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[30:10.960 --> 30:17.400]  I'm Dr. Catherine Albrecht, back with details on loneliness and mental health next.
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[30:27.720 --> 30:32.920]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:32.920 --> 30:35.480]  Privacy, it's worth hanging on to.
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[32:59.000 --> 33:06.000]  You're listening to the Logos Radio Network at logosradionetwork.com
[33:29.000 --> 33:51.000]  Welcome back to Rule of Law Radio folks, 512-646-1984 is the number you can dial to join us in
[33:51.000 --> 33:52.000]  the conversation.
[33:52.000 --> 33:54.680]  Speaking of conversation, before we went to the break, we were speaking with Leslie in
[33:54.680 --> 34:02.440]  Pennsylvania who has been up to a lot of no good and we like it, bless your heart.
[34:02.440 --> 34:08.520]  I'm serious, we need more people out there challenging the right of these banks to do
[34:08.520 --> 34:14.120]  what they're doing because if they don't, we won't have a country, folks, period.
[34:14.120 --> 34:20.800]  After this MERS ruling, these guys are kind of down on the ropes.
[34:20.800 --> 34:26.560]  When I have this rule that when your opponent is lagged back against the ropes with his
[34:26.560 --> 34:31.120]  arms over the top rope and his legs splattled out in front of him with his toes sticking
[34:31.120 --> 34:33.400]  up, what do you do?
[34:33.400 --> 34:36.400]  Kick him in the groin.
[34:36.400 --> 34:37.640]  Exactly.
[34:37.640 --> 34:42.640]  Kick him again.
[34:42.640 --> 34:44.200]  No free rides.
[34:44.200 --> 34:45.200]  Nope.
[34:45.200 --> 34:49.480]  One of the things I'm hoping to accomplish, and there's a couple of things.
[34:49.480 --> 34:56.800]  I want attorneys to think twice about these cases that they're accepting to process.
[34:56.800 --> 34:57.800]  Good for you.
[34:57.800 --> 34:58.800]  Yes.
[34:58.800 --> 35:04.400]  And I want them to think six times before they stick any document into the record that
[35:04.400 --> 35:08.640]  they're purporting to be honest and true.
[35:08.640 --> 35:09.640]  Okay.
[35:09.640 --> 35:11.760]  You need to.
[35:11.760 --> 35:20.360]  This goes to the routine, and you're in Pennsylvania, so you can run the routine a lot harder than
[35:20.360 --> 35:22.560]  we can in Texas.
[35:22.560 --> 35:23.560]  Yeah.
[35:23.560 --> 35:24.560]  Go ahead.
[35:24.560 --> 35:34.560]  In my statement of errors in my appeal that I put out, did you read that?
[35:34.560 --> 35:42.240]  The last page, I really went through it, and I stuck it out so the judge can read why I
[35:42.240 --> 35:47.160]  was really upset he ruled against me in the summary judgment.
[35:47.160 --> 35:59.120]  And the thing of it is, is in paragraph 12 and 13 on the last page, it's the bottom line.
[35:59.120 --> 36:00.360]  The bottom line.
[36:00.360 --> 36:01.640]  And I'll read it to you.
[36:01.640 --> 36:06.480]  The learned trial judge erred when under the weight of the evidence, he failed to comprehend
[36:06.480 --> 36:12.280]  an address as written, recorded, and indexed, and the offices, the recorder of deeds, the
[36:12.280 --> 36:18.440]  recorded assignment of mortgage assigned from MERS as nominee for my bank is a statutory
[36:18.440 --> 36:19.440]  forgery.
[36:19.440 --> 36:31.560]  A satisfaction of mortgage from MERS as nominee for my bank or from the assignee would likewise
[36:31.560 --> 36:36.480]  be a forged and fraudulent document as the chain of title is severely clouded.
[36:36.480 --> 36:45.640]  And then under 13, I put the trial judge erred because there is no party recorded with the
[36:45.640 --> 36:50.800]  capacity to either assign or satisfy the recorded mortgage.
[36:50.800 --> 36:53.840]  And that's the same with every single MERS mortgage.
[36:53.840 --> 37:01.960]  Every single one cannot be satisfied or recorded or assigned without forgery, period.
[37:01.960 --> 37:02.960]  Mm-hmm.
[37:02.960 --> 37:03.960]  Agreed.
[37:03.960 --> 37:09.960]  Now, Leslie, you're liable to not get much traction with the bar.
[37:09.960 --> 37:16.680]  However, if you can get these attorneys sanctioned, they tend to pay attention to sanctions a
[37:16.680 --> 37:21.840]  little more than they do bar complaints, though the bar complaint's going to cost them some
[37:21.840 --> 37:26.120]  time, the sanction is going to cost them some money.
[37:26.120 --> 37:32.440]  However, when they run a cost-benefit analysis on how often they get sanctioned, how much
[37:32.440 --> 37:38.680]  they put out in sanctions, and how much money they're making from those who don't get them
[37:38.680 --> 37:43.520]  sanctioned, they don't care.
[37:43.520 --> 37:46.760]  You say that you want to teach these guys a lesson, you're not going to teach them anything.
[37:46.760 --> 37:47.760]  Hold on.
[37:47.760 --> 37:52.200]  Not teach them anything until they're sanctioned two or three times, or if you're lucky enough
[37:52.200 --> 37:53.200]  to get them disbarred.
[37:53.200 --> 37:59.760]  Now, if you can get one disbarred, that's going to send a message not only to him, because
[37:59.760 --> 38:05.560]  he's going to be working at McDonald's for the next 20 years, but it's going to send
[38:05.560 --> 38:09.400]  a message to other members of the bar as well.
[38:09.400 --> 38:11.760]  That's where you're going to start getting some traction.
[38:11.760 --> 38:19.080]  If that is such a daunting task, to get an attorney disbarred for filing fraudulent documents,
[38:19.080 --> 38:21.320]  the bar's probably not going to do it.
[38:21.320 --> 38:24.320]  They still lose bar fees.
[38:24.320 --> 38:29.040]  There's another way to do that.
[38:29.040 --> 38:34.080]  We started out the show talking about politics.
[38:34.080 --> 38:36.920]  In the end, it's all political.
[38:36.920 --> 38:47.560]  Say you're one of these lawyers who's been doing this juggling act of cost-benefit analysis,
[38:47.560 --> 38:57.920]  and then you get some grandma from Pennsylvania, goes down to the prosecuting attorney and
[38:57.920 --> 39:04.440]  files a criminal complaint against you, and you get a call from the prosecuting attorney
[39:04.440 --> 39:09.200]  saying, I got this grandma down here, she's trying to get me to arrest you.
[39:09.200 --> 39:17.020]  You want to explain to me why I shouldn't arrest you so that I have a plausible deniability
[39:17.020 --> 39:19.800]  when I refuse to pursue prosecution?
[39:19.800 --> 39:28.120]  Well, he's going to do his little song and dance, but in the end, he's going to say,
[39:28.120 --> 39:38.480]  Moli, what if this grandma actually gets someone to pick this up?
[39:38.480 --> 39:39.880]  Forget the disbarment.
[39:39.880 --> 39:43.080]  That comes as a matter of course.
[39:43.080 --> 39:51.640]  I get indicted and I'm toast.
[39:51.640 --> 39:55.320]  Then the prosecutor is going to refuse to prosecute.
[39:55.320 --> 39:56.880]  We expect that.
[39:56.880 --> 40:01.040]  That goes to the adage, never ask a public official to do anything you actually want
[40:01.040 --> 40:02.040]  him to do.
[40:02.040 --> 40:04.120]  This is all about politics.
[40:04.120 --> 40:11.560]  Now, if the prosecutor actually does that, it's like a Christmas present, or watch him
[40:11.560 --> 40:19.640]  closely because he's most likely setting something up to cover his political cronies.
[40:19.640 --> 40:25.640]  But if he doesn't, which is most likely what will happen, now you get to go to the court
[40:25.640 --> 40:31.000]  of common pleas, and you get to go to the attorney general.
[40:31.000 --> 40:38.840]  Unlike Texas, in Pennsylvania, the attorney general has prosecutorial powers.
[40:38.840 --> 40:46.480]  So you go to the attorney general with a criminal complaint against the prosecuting attorney
[40:46.480 --> 41:00.440]  and accuse the prosecuting attorney of selling out to the banks.
[41:00.440 --> 41:03.080]  That was an evil laugh, and I like to hear that.
[41:03.080 --> 41:15.800]  He sold out to the banks against his constituents by not exercising prosecutorial discretion,
[41:15.800 --> 41:18.560]  which he is authorized to do.
[41:18.560 --> 41:27.280]  In fact, what he did was exercise prosecutorial caprice, and that is not something he is authorized
[41:27.280 --> 41:28.280]  to do.
[41:28.280 --> 41:33.120]  Instead of looking at the facts and determining whether or not there's sufficient evidence
[41:33.120 --> 41:39.280]  to believe that a crime has been committed and that the person named committed that crime,
[41:39.280 --> 41:47.360]  what in fact he did was decided who he wanted to prosecute and who he did not want to prosecute,
[41:47.360 --> 41:51.360]  and that is not an authority the legislature granted him.
[41:51.360 --> 41:56.600]  So you want him arrested for official misconduct.
[41:56.600 --> 42:00.320]  And we know what the attorney general is going to do.
[42:00.320 --> 42:07.680]  He will be in a position to exercise the same kind of prosecutorial discretion the prosecutor
[42:07.680 --> 42:17.720]  just exercised, and now he's looking at this grandma that he knows as soon as he refuses
[42:17.720 --> 42:25.720]  to prosecute the prosecutor, she's going to file an appeal to the court of common please,
[42:25.720 --> 42:31.300]  and the court of common please is going to refuse to prosecute both of those.
[42:31.300 --> 42:36.840]  And then you'll step up to the district court, the appeals court, and this grandma is going
[42:36.840 --> 42:44.040]  to wind up arguing this issue before the Pennsylvania Supreme Court.
[42:44.040 --> 42:50.800]  And from what I've seen of the actions of the Pennsylvania Supreme Court, the attorney
[42:50.800 --> 42:58.640]  general better be of the same party as all the judges on the supreme, for he may have
[42:58.640 --> 43:01.520]  himself a problem.
[43:01.520 --> 43:09.520]  It makes no difference whether your criminal complaint against him is prosecutable or not
[43:09.520 --> 43:19.080]  because everything is political, all politics is local, and perception is everything.
[43:19.080 --> 43:27.400]  The attorney general is going to look at his next election, and he probably will have this
[43:27.400 --> 43:34.760]  nagging suspicion that this grandma out here is going to send that criminal complaint to
[43:34.760 --> 43:44.560]  my political opponent, and he's going to bushwhack me in a debate and ask me why the citizens
[43:44.560 --> 43:50.680]  of the state have to file criminal charges against him to get him to do his job.
[43:50.680 --> 43:55.040]  Hang on, Randy Kelton, Steve Skidmore, who's on our radio.
[43:55.040 --> 44:02.040]  I call it number 512-646-1984, and we'll be right back.
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[45:49.920 --> 45:52.240]  pro se tactics, and much more.
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[45:59.960 --> 46:29.380]  Oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, always, I must be careful what I'm wishing
[46:29.380 --> 46:35.380]  When I'm hungry, I like to know just what I'm fishing for
[46:35.380 --> 46:41.380]  I ain't asking for much, I ain't trying to be no glutton
[46:41.380 --> 46:46.380]  I'm just here making my living, pushing buttons
[46:46.380 --> 46:52.380]  I get my message out to anyone in shot and distant
[46:52.380 --> 46:58.380]  I hope for bravery and against slavery, showing resistance
[46:58.380 --> 47:03.380]  First I'm crawling, then I'm walking, then I start strutting
[47:03.380 --> 47:29.380]  I'm just so glad to make my living, pushing buttons
[47:33.380 --> 47:41.380]  So much politics, these guys are going to be having apoplexies
[47:41.380 --> 47:46.380]  Not only that, I don't know if I told you that
[47:46.380 --> 47:52.380]  You know, I have to go for an appeal and we sent in that statement of errors for the judge
[47:52.380 --> 48:01.380]  And I talked to Nancy Becker and she said that she would have her attorneys file an amicus brief for me if they thought it was necessary
[48:01.380 --> 48:06.380]  Because I told her what it was up against, and she's doing the same thing she did
[48:06.380 --> 48:12.380]  So that is great, you've got a county clerk willing to
[48:12.380 --> 48:18.380]  I take it the ruling you're going for will benefit the clerk?
[48:18.380 --> 48:26.380]  Well actually, it would put her decision in the appeals court before it's even finished
[48:26.380 --> 48:31.380]  Oh, wonderful! That's why I asked her about it
[48:31.380 --> 48:37.380]  I told her it's important because my case depends a lot on your case
[48:37.380 --> 48:42.380]  And if they turn me down in the appeals court, it doesn't show good on your side
[48:42.380 --> 48:46.380]  So we were discussing it and I showed her what I was saying
[48:46.380 --> 48:57.380]  And if they rule in your favor, then that will go into Shepard's as a supporting citation
[48:57.380 --> 49:03.380]  That may be as good as an appeal ruling
[49:03.380 --> 49:08.380]  So yeah, that would really be in her benefit, that's wonderful
[49:08.380 --> 49:11.380]  But back to your criminal complaints
[49:11.380 --> 49:24.380]  Turn them into a novel to get as much evidence that this is not a singular occurrence as you can
[49:24.380 --> 49:27.380]  And I'm sure you've got lots of that
[49:27.380 --> 49:31.380]  To show that this is an ongoing pattern of behavior
[49:31.380 --> 49:46.380]  But it has to be read so that each accusation that you make needs to look like it's a cog in this wheel
[49:46.380 --> 49:53.380]  So when I go after criminal complaints, I look up all I can find
[49:53.380 --> 49:56.380]  And then I construct my story
[49:56.380 --> 50:02.380]  And any of the complaints that don't lead directly to my story, I set those aside
[50:02.380 --> 50:07.380]  And I don't make those accusations immediately
[50:07.380 --> 50:17.380]  I only make the accusations that tend to carry, would carry a reasonable person of ordinary prudence along with me
[50:17.380 --> 50:31.380]  And have them agreeing that these fit together, one with the other, such that a refusal to violate a single one of them would interrupt the whole process
[50:31.380 --> 50:36.380]  And then if I can get an indictment on those, then I can bring in all the others
[50:36.380 --> 50:40.380]  Does that make sense?
[50:40.380 --> 50:45.380]  You mean just get on one group of complaints, on one instance?
[50:45.380 --> 50:54.380]  Not just one group, make up a story of how they orchestrated this improper behavior
[50:54.380 --> 51:00.380]  And how this kind of behavior had already been contemplated by the legislature
[51:00.380 --> 51:07.380]  And they had written laws to prevent this kind of behavior
[51:07.380 --> 51:16.380]  And they violated this law and in order to get this done, they violated this law and they had to violate this one and they had to violate this one
[51:16.380 --> 51:27.380]  If there's a law they violated that was separate, that doesn't follow in step one thing after the other
[51:27.380 --> 51:37.380]  Then set that aside for the moment, just put a story together and only include those that lead one from the other
[51:37.380 --> 51:42.380]  So it doesn't look like you're just looking for everything you can possibly allege
[51:42.380 --> 51:49.380]  But you're saying, you know, this is all a logical progression, they all fit together
[51:49.380 --> 52:02.380]  So that you don't want to throw up a red flag on the reader, so that they get the impression that you're just trying to harass these guys with criminal complaints
[52:02.380 --> 52:08.380]  Even if you are, you don't want them to give that impression
[52:08.380 --> 52:14.380]  But try to make it a good coherent story
[52:14.380 --> 52:25.380]  And then if you can find where they've done this in other cases, especially if you can find cases where they've done this and the courts have overturned their actions
[52:25.380 --> 52:33.380]  Or where the courts have given rulings that tend to support your claim that what they did was criminal and they knew full well it was at the time
[52:33.380 --> 52:37.380]  Make it a good compelling story
[52:37.380 --> 52:42.380]  And don't put everything you got in there just because you got it
[52:42.380 --> 52:59.380]  Leave out all those issues that do not lead to a conscious, deliberate, ongoing conspiracy to violate all of these laws for the purpose of stealing people's property
[52:59.380 --> 53:13.380]  Okay, now if I was to look under case law and stuff, would I necessarily have to stay in the criminal aspect or in the civil also? Because there's been times when they've been saying that this is a forged document
[53:13.380 --> 53:19.380]  It would be easier to find stuff on the civil side of the bar
[53:19.380 --> 53:21.380]  That's what I was thinking
[53:21.380 --> 53:28.380]  If the civil side says it's forged, then that supports the criminal side accusation
[53:28.380 --> 53:30.380]  Yep
[53:30.380 --> 53:34.380]  Because forgery is a crime
[53:34.380 --> 53:38.380]  There's a civil penalty for it as well
[53:38.380 --> 53:40.380]  Oh really?
[53:40.380 --> 53:45.380]  Yeah, well, yeah, for any crime, for any crime where there's a victim
[53:45.380 --> 53:49.380]  That victim doesn't get anything for the criminal act
[53:49.380 --> 53:52.380]  That goes to the state
[53:52.380 --> 54:01.380]  What goes to the aggrieved or injured party is through a civil action for recovery for damages
[54:01.380 --> 54:12.380]  And what you're doing in your criminal complaint is you're emphasizing the other parties, the opposing parties' blatant disregard for the law
[54:12.380 --> 54:26.380]  And a pattern of practice, and in the pattern of practice, you're showing that the existence of a pattern of practice, you're proving that this is not an isolated event
[54:26.380 --> 54:38.380]  Now, if it is not an isolated event, you can sue for yourself on behalf of yourself and all others similarly situated
[54:38.380 --> 54:42.380]  And also claim that you were harmed thereby
[54:42.380 --> 54:45.380]  Yes, absolutely
[54:45.380 --> 55:01.380]  But by suing in your own capacity and in the capacity for all others similarly situated, that's stepping your toes up to the line of class action without having to establish a class
[55:01.380 --> 55:03.380]  That's your private attorney general suit
[55:03.380 --> 55:08.380]  Yes
[55:08.380 --> 55:20.380]  The good thing about the criminal here is you can use the criminal side to establish the civil claim
[55:20.380 --> 55:35.380]  If you can get them to hammer them on the criminal side, and if they do get a conviction or even a deal, your civil side is virtually dead bang
[55:35.380 --> 55:42.380]  The question is not were you harmed, but how much
[55:42.380 --> 55:46.380]  Right, okay
[55:46.380 --> 55:52.380]  All right, well, I'll let you get going and give me something to think about
[55:52.380 --> 55:56.380]  Should I keep looking for the ethics violations or just stick with what I got?
[55:56.380 --> 55:59.380]  Absolutely
[55:59.380 --> 56:08.380]  There's a big awakening that I had to go through when I went to work for a law firm
[56:08.380 --> 56:18.380]  When you sue, you can't bring in a lawsuit with one issue, get that one dismissed, bring in another lawsuit with another issue, get that one dismissed, bring in another lawsuit with another issue
[56:18.380 --> 56:20.380]  You can't do that
[56:20.380 --> 56:27.380]  Lawsuits will continue into the abyss forever and ever
[56:27.380 --> 56:33.380]  The law requires that you sue for everything that you can sue for all at once
[56:33.380 --> 56:45.380]  This is what it's meant when attorneys and judges say knew or should have known, when you knew or when you should have known
[56:45.380 --> 56:54.380]  For example, if you sue for quiet title and your quiet title suit is dismissed with prejudice
[56:54.380 --> 57:00.380]  You want to come in and sue for slander of title, sometimes you can get away with it
[57:00.380 --> 57:07.380]  Quite often you'll be told, why didn't you bring this in with your other issues?
[57:07.380 --> 57:13.380]  We're not going to let you do that, now you're wasting our time, that's the way the courts see it
[57:13.380 --> 57:24.380]  So by all means, the whole point that I went through that is by all means include all of your violations of professional conduct
[57:24.380 --> 57:34.380]  Whatever the Commonwealth of Pennsylvania calls the ethics violations, but absolutely, absolutely, pile it all on there
[57:34.380 --> 57:36.380]  That's in the civil action
[57:36.380 --> 57:43.380]  Yes, grievances are different, grievances you send one at a time and a few days apart
[57:43.380 --> 57:50.380]  But these are not simple grievances, these are pleadings before court, so bring it all and bring it hard
[57:50.380 --> 57:59.380]  She's talking about filing criminal accusations, those you file those strategically
[57:59.380 --> 58:06.380]  You can file those whenever you want to, so that you don't have that same limitation you do with the civil action
[58:06.380 --> 58:10.380]  Is there statute limitations on criminal acts?
[58:10.380 --> 58:20.380]  Absolutely, two years, three years, five years, depending on what it is, let's speak to that when we come back
[58:20.380 --> 58:24.380]  We'll finish up with Leslie on the other side and we'll get to you, so hang on
[58:24.380 --> 58:32.380]  This is Randy Kelton, Steve Skidmore with our radio, our calling number, 512-646-1984
[58:32.380 --> 58:37.380]  We're about to go to our top of the hour break, so we have about three minutes
[58:37.380 --> 58:42.380]  If you have a question or comment, now is a good time to call in and get on the board
[58:42.380 --> 59:08.380]  We'll try to take everybody, we'll be right back
[59:13.380 --> 59:18.380]  The free books are a three volume set called Basic Elements of the Christian Life
[59:18.380 --> 59:24.380]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation
[59:24.380 --> 59:27.380]  Growing in Christ and how to build up the Church
[59:27.380 --> 59:33.380]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life
[59:33.380 --> 59:44.380]  Call Bibles for America toll free at 888-551-0102, that's 888-551-0102
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[59:49.380 --> 59:55.380]  Live, free speech radio, logosradionetwork.com
[01:00:02.380 --> 01:00:06.380]  This is the Liberty Beat, your daily source for Liberty news and activist updates
[01:00:06.380 --> 01:00:09.380]  Online at thelibertybeat.com
[01:00:09.380 --> 01:00:13.380]  I'm Brian Hagan with your Liberty Beat for Thursday, July 31, 2014
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[01:00:41.380 --> 01:00:46.380]  In the news, the United Nations has accused Israel of seriously violating international law
[01:00:46.380 --> 01:00:49.380]  After it struck a school located within a refugee camp
[01:00:49.380 --> 01:00:53.380]  Killing at least 15 people, mostly women and children, as they slept
[01:00:53.380 --> 01:00:56.380]  That word from a report published by The Guardian
[01:00:56.380 --> 01:01:00.380]  The UN Secretary General said the attack, which left 100 more injured
[01:01:00.380 --> 01:01:04.380]  Was outrageous and unjustifiable, and demanded accountability and justice
[01:01:04.380 --> 01:01:12.380]  The attack left 17 dead, including a journalist, according to Gaza health officials
[01:01:12.380 --> 01:01:19.380]  On Tuesday, the United States and the European Union announced plans to inflict a new round of sanctions against Moscow
[01:01:19.380 --> 01:01:25.380]  The broader sanctions include limiting access to EU capital markets for Russian state-owned financial institutions
[01:01:25.380 --> 01:01:30.380]  Imposing an embargo on arms trade and reducing Russia's access to sensitive technologies
[01:01:30.380 --> 01:01:33.380]  Particularly in the oil sector
[01:01:33.380 --> 01:01:40.380]  In a speech in front of the White House, Obama said the U.S. will block the exports of specific goods and technologies to the Russian energy sector
[01:01:40.380 --> 01:01:49.380]  Albuquerque Police Department is considering scrapping use of its MRAP armored vehicle
[01:01:49.380 --> 01:01:55.380]  After opposition from the public and negative press attention that accused the country of turning into a militarized police state
[01:01:55.380 --> 01:02:00.380]  The department acquired the military-style vehicle through the Department of Defense's 1033 program
[01:02:00.380 --> 01:02:07.380]  Which allows law enforcement agencies to obtain war vehicles used to hunt insurgents in Iraq and Afghanistan
[01:02:07.380 --> 01:02:11.380]  An ACLU report warned that such vehicles are part of militarized policing
[01:02:11.380 --> 01:02:14.380]  In which Americans are treated like wartime enemies
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[01:02:44.380 --> 01:02:50.380]  This is the Liberty Beat for Thursday, July 31, 2014
[01:02:50.380 --> 01:02:58.380]  Check out the website at thelibertybeat.com
[01:03:20.380 --> 01:03:27.380]  This is the Liberty Beat for Thursday, July 31, 2014
[01:03:27.380 --> 01:03:34.380]  Check out the website at thelibertybeat.com
[01:03:34.380 --> 01:03:41.380]  Check out the website at thelibertybeat.com
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[01:03:48.380 --> 01:03:55.380]  Check out the website at thelibertybeat.com
[01:03:55.380 --> 01:03:58.380]  Welcome back to rule of law radio, folks
[01:03:58.380 --> 01:04:02.380]  512-646-1984 will get you in touch with us
[01:04:02.380 --> 01:04:04.380]  Darlene, we see you there
[01:04:04.380 --> 01:04:09.380]  We wanted to cover one more issue with Lesley before we went to Darlene
[01:04:09.380 --> 01:04:11.380]  I see we've got an unspring caller called in
[01:04:11.380 --> 01:04:15.380]  That's Unsk Biblin
[01:04:15.380 --> 01:04:17.380]  We'll get to you as well
[01:04:17.380 --> 01:04:21.660]  Sorry folks, that's, yeah, if you, you, never mind.
[01:04:21.660 --> 01:04:22.860]  Leslie.
[01:04:22.860 --> 01:04:24.740]  He couldn't help himself.
[01:04:24.740 --> 01:04:28.020]  I could not help, I'm just a silly guy sometimes.
[01:04:28.020 --> 01:04:28.860]  I just like to be silly.
[01:04:28.860 --> 01:04:31.340]  So anyway, enough silly.
[01:04:31.340 --> 01:04:32.180]  Leslie.
[01:04:33.460 --> 01:04:35.420]  Snag me back into consciousness.
[01:04:37.260 --> 01:04:41.580]  Ha ha ha, snag you back into consciousness, okay.
[01:04:41.580 --> 01:04:42.860]  By all means, please go ahead,
[01:04:42.860 --> 01:04:45.140]  just rear back and let her fly.
[01:04:45.140 --> 01:04:50.140]  Okay, we're gonna write up a story that reads like a novel
[01:04:51.020 --> 01:04:55.500]  and place in it where the complaints go, right?
[01:04:55.500 --> 01:04:57.140]  Mm-hmm.
[01:04:57.140 --> 01:04:59.180]  Against all these different lawyers
[01:04:59.180 --> 01:05:01.580]  because there were five different lawyers.
[01:05:03.580 --> 01:05:06.500]  Some of them the best in the country, I might add.
[01:05:06.500 --> 01:05:08.220]  So I didn't mind losing too bad.
[01:05:08.220 --> 01:05:09.060]  Nice.
[01:05:11.420 --> 01:05:12.260]  But, but.
[01:05:12.260 --> 01:05:15.260]  Is there any compliment in that, I guess?
[01:05:16.300 --> 01:05:18.420]  They pulled out the big guns for you?
[01:05:18.420 --> 01:05:21.940]  They go for the, they brought out the big guns,
[01:05:21.940 --> 01:05:22.900]  I'm telling you.
[01:05:22.900 --> 01:05:27.900]  I started with a Javardian man with a Javardian lawyer.
[01:05:30.460 --> 01:05:35.380]  And after the first piece of paper he put in there,
[01:05:35.380 --> 01:05:37.500]  the next guy was the big guns.
[01:05:37.500 --> 01:05:42.180]  And he's the one that the Banking Association goes with.
[01:05:42.180 --> 01:05:44.340]  Out of Philadelphia, big lawyers.
[01:05:44.340 --> 01:05:45.460]  Oh. Big time.
[01:05:46.900 --> 01:05:49.780]  And the whole slew of them came in with that four more.
[01:05:49.780 --> 01:05:50.980]  Touch you.
[01:05:50.980 --> 01:05:52.380]  I'm gonna start hanging out with you
[01:05:52.380 --> 01:05:55.980]  since you're getting so much notoriety from the big guns.
[01:05:57.540 --> 01:06:00.260]  Yeah, he pulled the big guns on me.
[01:06:00.260 --> 01:06:03.140]  Oh, when you go for him, criminally.
[01:06:05.700 --> 01:06:08.580]  This is gonna create some serious politics.
[01:06:09.940 --> 01:06:11.660]  And I'm wondering what kind of politics
[01:06:11.660 --> 01:06:13.420]  that'll have to do with my appeal.
[01:06:13.420 --> 01:06:16.580]  Do you think they'll be afraid to put anything in after that?
[01:06:16.580 --> 01:06:17.420]  I doubt it.
[01:06:20.060 --> 01:06:23.940]  Though it will serve as a very good distraction.
[01:06:25.740 --> 01:06:28.420]  They'll be too concerned with covering their backsides
[01:06:28.420 --> 01:06:29.620]  to cover their clients.
[01:06:31.180 --> 01:06:32.020]  Right.
[01:06:32.020 --> 01:06:32.940]  That was my point.
[01:06:33.820 --> 01:06:36.220]  I just said Plaintop takes more of my area.
[01:06:36.220 --> 01:06:39.060]  Mm-hmm.
[01:06:39.060 --> 01:06:42.660]  I wanna do it in general to make sure that,
[01:06:42.660 --> 01:06:45.340]  because of their position, and then a Jevroy,
[01:06:45.340 --> 01:06:48.900]  and is well known for doing all these things.
[01:06:50.220 --> 01:06:51.660]  They do it all the time.
[01:06:51.660 --> 01:06:53.300]  I have a friend in Western Pennsylvania,
[01:06:53.300 --> 01:06:56.260]  had the same exact attorney do the same kind of crap.
[01:06:57.100 --> 01:06:58.620]  Business as usual, dear.
[01:06:58.620 --> 01:07:02.100]  Simon, yeah, forged a Simon a mortgage.
[01:07:02.100 --> 01:07:06.580]  And she also had written a letter from her actual lender
[01:07:06.580 --> 01:07:08.260]  saying who her lender was,
[01:07:08.260 --> 01:07:11.020]  and it was not the person who was trying to foreclose.
[01:07:12.420 --> 01:07:15.900]  You might get as many people as possible
[01:07:16.740 --> 01:07:19.380]  to file complaints themselves,
[01:07:20.700 --> 01:07:22.660]  essentially at the same time.
[01:07:24.500 --> 01:07:25.340]  Yeah.
[01:07:25.340 --> 01:07:30.340]  So that the climb gets a little steeper
[01:07:30.340 --> 01:07:32.180]  for everybody involved.
[01:07:33.460 --> 01:07:34.780]  Yeah.
[01:07:34.780 --> 01:07:38.700]  So if you can find other people similarly situated,
[01:07:38.700 --> 01:07:42.860]  you might wanna get them a copy of your complaint
[01:07:42.860 --> 01:07:45.060]  to show them what you're doing,
[01:07:45.060 --> 01:07:48.900]  and maybe you can encourage them to jump in there with you.
[01:07:50.580 --> 01:07:51.420]  Right.
[01:07:51.420 --> 01:07:54.180]  Randy, I'm gonna Skype you some of my,
[01:07:55.300 --> 01:07:58.260]  a sample of each of the four different laws
[01:07:58.260 --> 01:08:01.580]  that I'm using, of the four different complaints
[01:08:01.580 --> 01:08:02.940]  that I made for each different one,
[01:08:02.940 --> 01:08:04.900]  because that's what I did is I separated,
[01:08:04.900 --> 01:08:07.860]  first of all, each different pleading
[01:08:07.860 --> 01:08:11.380]  that was put into the record by each attorney,
[01:08:11.380 --> 01:08:13.900]  and then how many laws they broke in each one.
[01:08:14.940 --> 01:08:16.660]  Let me suggest.
[01:08:19.140 --> 01:08:19.980]  Wait a minute.
[01:08:20.980 --> 01:08:21.980]  Are you still there?
[01:08:21.980 --> 01:08:23.700]  It sounded like you faded on me.
[01:08:23.700 --> 01:08:26.020]  Yeah, you got some terrible background noise going.
[01:08:26.020 --> 01:08:28.940]  It sounds like you just stood in front of a fan, Randy.
[01:08:28.940 --> 01:08:29.780]  So much.
[01:08:29.780 --> 01:08:30.620]  Okay, hold on.
[01:08:32.940 --> 01:08:34.620]  Okay, now you muted yourself.
[01:08:36.180 --> 01:08:37.020]  Who did?
[01:08:37.020 --> 01:08:38.900]  Okay, how is my background noise now?
[01:08:38.900 --> 01:08:40.140]  That was why I was concerned,
[01:08:40.140 --> 01:08:42.460]  because as soon as I unmuted it,
[01:08:42.460 --> 01:08:46.100]  our suppressors pushed your voice down below mine.
[01:08:46.100 --> 01:08:47.220]  Okay, is that better?
[01:08:47.220 --> 01:08:48.060]  No.
[01:08:48.060 --> 01:08:49.420]  That's a little better, yes.
[01:08:49.420 --> 01:08:50.260]  That sounds good.
[01:08:50.260 --> 01:08:51.900]  Can you hear me sweating?
[01:08:53.500 --> 01:08:54.620]  No.
[01:08:54.620 --> 01:08:55.460]  Okay, good.
[01:08:55.460 --> 01:08:56.300]  Oh, good, good.
[01:08:56.300 --> 01:08:58.060]  Okay, I turned off the air conditioner.
[01:08:59.500 --> 01:09:00.340]  There you go.
[01:09:02.340 --> 01:09:03.180]  Where was I?
[01:09:03.180 --> 01:09:04.300]  I lost my place.
[01:09:06.460 --> 01:09:09.340]  Well, I was saying how I had gone through the docket
[01:09:09.340 --> 01:09:12.540]  and taken each filing that was put in the docket,
[01:09:12.540 --> 01:09:17.300]  and again, each attorney that signed their name,
[01:09:17.300 --> 01:09:20.460]  everybody that signed their name onto that document
[01:09:20.460 --> 01:09:25.460]  got kicked all those different statutes that they broke.
[01:09:26.420 --> 01:09:28.300]  Yes, and you were going to send me the statutes,
[01:09:28.300 --> 01:09:30.500]  and here's what I was about to say.
[01:09:30.500 --> 01:09:32.980]  I'm going to send you one of each,
[01:09:32.980 --> 01:09:35.300]  not the whole package, just a sample.
[01:09:35.300 --> 01:09:36.500]  Samples, samples.
[01:09:38.020 --> 01:09:43.020]  See if you can find a pattern jury charge
[01:09:43.340 --> 01:09:47.660]  for each one of these criminal accusations.
[01:09:47.660 --> 01:09:50.980]  A pattern jury charge?
[01:09:50.980 --> 01:09:52.300]  Yes, pattern jury charge.
[01:09:52.300 --> 01:09:56.100]  If the prosecutor is going to prosecute somebody,
[01:09:56.100 --> 01:09:59.300]  the very last thing that happens
[01:09:59.300 --> 01:10:02.940]  is that the judge will read to the jury
[01:10:02.940 --> 01:10:05.500]  the pattern jury charge.
[01:10:05.500 --> 01:10:09.420]  This is what you must find,
[01:10:09.420 --> 01:10:13.460]  and the pattern jury charge will walk through
[01:10:13.460 --> 01:10:17.660]  all of the elements that have to be proven.
[01:10:17.660 --> 01:10:22.660]  Any time you do any kind of suit or complaint,
[01:10:23.820 --> 01:10:27.180]  the first place to start is the last thing that happens,
[01:10:28.180 --> 01:10:31.620]  because the pattern jury charge
[01:10:31.620 --> 01:10:34.700]  lists everything that must be proven.
[01:10:35.660 --> 01:10:38.900]  If it's not in the pattern jury charge,
[01:10:38.900 --> 01:10:40.620]  you don't need to mess with it,
[01:10:40.620 --> 01:10:43.300]  because that's all the jury can pay attention to.
[01:10:43.300 --> 01:10:46.100]  So look for each criminal act.
[01:10:46.100 --> 01:10:48.980]  There is going to be a pattern jury charge
[01:10:48.980 --> 01:10:52.260]  for each criminal statute.
[01:10:52.260 --> 01:10:54.860]  Look at that, and it will tell the jury
[01:10:54.860 --> 01:10:57.700]  you must find this element, this element,
[01:10:57.700 --> 01:10:59.220]  this element, and this element.
[01:11:00.460 --> 01:11:03.700]  And make sure when you write your complaint
[01:11:03.700 --> 01:11:08.700]  that you include evidence to establish each of those elements.
[01:11:08.700 --> 01:11:13.700]  That will, it'll probably only change your wording
[01:11:14.020 --> 01:11:17.020]  and your complaints slightly,
[01:11:17.900 --> 01:11:19.660]  but if any one of those elements are missing,
[01:11:19.660 --> 01:11:21.220]  the complaint's worthless.
[01:11:23.820 --> 01:11:26.340]  So get that, that'll make it easy.
[01:11:26.340 --> 01:11:27.940]  You could read the statute,
[01:11:27.940 --> 01:11:31.940]  but the statute doesn't really clarify to you.
[01:11:31.940 --> 01:11:33.660]  It tells you what the elements are.
[01:11:33.660 --> 01:11:35.540]  It tells you what the elements are.
[01:11:35.540 --> 01:11:38.860]  It doesn't really clarify to you, it tells you
[01:11:38.860 --> 01:11:41.420]  what the elements are, but it doesn't say to you,
[01:11:41.420 --> 01:11:44.300]  you must prove this, you must prove this,
[01:11:44.300 --> 01:11:45.820]  you must prove this.
[01:11:45.820 --> 01:11:49.340]  The pattern jury charge states these in a way
[01:11:49.340 --> 01:11:52.500]  that is absolutely clear what you have to have established.
[01:11:54.340 --> 01:11:55.740]  And it's not that difficult.
[01:11:57.220 --> 01:11:59.820]  You'll find this pretty straightforward.
[01:11:59.820 --> 01:12:03.340]  But it will make your complaint look like you
[01:12:03.340 --> 01:12:06.620]  did more than just read the statute.
[01:12:08.540 --> 01:12:09.860]  Okay.
[01:12:09.860 --> 01:12:12.020]  And when it goes to the Court of Appeals,
[01:12:12.020 --> 01:12:14.940]  it's in the verbiage that they'll be looking to see.
[01:12:16.300 --> 01:12:17.980]  Did you look on jurisprudence
[01:12:17.980 --> 01:12:20.220]  at my Cherokee County complaints?
[01:12:22.060 --> 01:12:24.500]  Yes, I used that as a pattern.
[01:12:24.500 --> 01:12:26.940]  Good, because that's what I did there.
[01:12:28.020 --> 01:12:31.020]  And you notice how I structured those,
[01:12:31.020 --> 01:12:34.620]  I said, told who the person was,
[01:12:34.620 --> 01:12:39.300]  I established his identity and his claimed capacity,
[01:12:39.300 --> 01:12:42.580]  and then all of the steps of what he did.
[01:12:42.580 --> 01:12:44.500]  So it's not difficult.
[01:12:45.420 --> 01:12:48.580]  And as you read it, it kind of reads straightforward.
[01:12:50.820 --> 01:12:53.740]  And send me a copy, I'd very much like to see it.
[01:12:53.740 --> 01:12:58.740]  And I don't remember seeing an email from you recently.
[01:12:58.740 --> 01:13:01.540]  It was not an email, I Skyped it to you.
[01:13:01.540 --> 01:13:02.620]  Oh.
[01:13:02.620 --> 01:13:04.540]  Oh, I do remember a Skype.
[01:13:04.540 --> 01:13:06.300]  Okay, I'll go back and check that.
[01:13:08.540 --> 01:13:09.380]  Okay. Okay.
[01:13:09.380 --> 01:13:10.260]  I took the statement barriers,
[01:13:10.260 --> 01:13:14.500]  and I didn't give you all four of the things at the time.
[01:13:14.500 --> 01:13:16.060]  I only had, I think, three.
[01:13:17.020 --> 01:13:20.500]  Okay, will it be enough to see the style and structure?
[01:13:20.500 --> 01:13:21.940]  That'll tell me a whole lot.
[01:13:23.380 --> 01:13:24.220]  Okay.
[01:13:24.220 --> 01:13:26.020]  Yeah, but you already have them, then.
[01:13:26.020 --> 01:13:29.020]  If you downloaded the Skype thing, then you have it.
[01:13:30.780 --> 01:13:33.500]  So, anyhow.
[01:13:33.500 --> 01:13:35.180]  Well, thank you very much.
[01:13:36.780 --> 01:13:37.940]  There?
[01:13:37.940 --> 01:13:39.220]  Yes, appreciate that.
[01:13:39.220 --> 01:13:40.940]  But, cut, take two.
[01:13:40.940 --> 01:13:43.260]  We appreciate you calling in tonight, Leslie.
[01:13:45.020 --> 01:13:47.540]  I said something really nice, Ms. Leslie,
[01:13:47.540 --> 01:13:50.100]  but somebody had muted my mic, so.
[01:13:51.180 --> 01:13:53.220]  That gremlin that you got running around behind you,
[01:13:53.220 --> 01:13:54.060]  you done it.
[01:13:54.060 --> 01:13:56.340]  That gremlin.
[01:13:56.340 --> 01:13:59.140]  Okay, thank you very much, Ms. Leslie.
[01:13:59.140 --> 01:14:01.980]  You always have good information for us.
[01:14:02.940 --> 01:14:04.740]  You are an inspiration.
[01:14:06.340 --> 01:14:07.180]  Absolutely.
[01:14:08.780 --> 01:14:10.620]  Okay, catch you later.
[01:14:10.620 --> 01:14:14.460]  Okay, well, now we're going to go to Darlene in Florida.
[01:14:16.500 --> 01:14:17.540]  Hello, Ms. Darlene.
[01:14:18.580 --> 01:14:20.140]  Hi, hi.
[01:14:20.140 --> 01:14:20.980]  I'm here.
[01:14:20.980 --> 01:14:25.980]  I had your document up,
[01:14:26.300 --> 01:14:29.460]  and somehow, in moving these 50 pages around,
[01:14:29.460 --> 01:14:30.620]  I turned it off.
[01:14:30.620 --> 01:14:33.020]  Let me see if I can bring it back up here again.
[01:14:34.780 --> 01:14:35.620]  There we go.
[01:14:36.780 --> 01:14:37.780]  Octoliba.
[01:14:37.780 --> 01:14:38.660]  It can't find it.
[01:14:38.660 --> 01:14:40.580]  I didn't download it from the email,
[01:14:40.580 --> 01:14:42.660]  so now, give me just a second.
[01:14:42.660 --> 01:14:43.500]  I'll bring it back up.
[01:14:43.500 --> 01:14:45.660]  But I was reading through the statement of facts,
[01:14:45.660 --> 01:14:47.940]  and you got it right.
[01:14:47.940 --> 01:14:52.940]  So, generally, we have to struggle getting someone accustomed
[01:14:56.980 --> 01:15:01.980]  to only stating the facts and not stating all of the stuff
[01:15:02.620 --> 01:15:06.140]  that you believe to be important.
[01:15:06.140 --> 01:15:08.100]  That's what people generally do,
[01:15:08.100 --> 01:15:12.140]  and what that winds up doing is entering a lot of argument
[01:15:12.140 --> 01:15:14.660]  into the statement of facts.
[01:15:14.660 --> 01:15:16.700]  Well, I'm looking at your statement of facts,
[01:15:16.700 --> 01:15:18.660]  and it really is a statement of facts.
[01:15:21.540 --> 01:15:24.900]  You're walking down every call.
[01:15:24.900 --> 01:15:28.780]  You know, this will have every detail in it,
[01:15:28.780 --> 01:15:30.340]  and the next time you go through it,
[01:15:30.340 --> 01:15:34.300]  you'll probably think of details that have slipped your mind.
[01:15:35.540 --> 01:15:39.460]  And as you put your claims together,
[01:15:40.700 --> 01:15:43.620]  you would do the same thing with claims that you make
[01:15:43.620 --> 01:15:48.460]  that I suggested that Leslie do and get the jury charge.
[01:15:48.460 --> 01:15:49.860]  Like, if you're accusing them of fraud,
[01:15:49.860 --> 01:15:51.380]  get a jury charge for fraud,
[01:15:52.260 --> 01:15:56.140]  and that'll tell you exactly what has to be pled
[01:15:56.140 --> 01:15:59.300]  in the claim in order to get the decision.
[01:16:00.340 --> 01:16:05.340]  And once you get all of the elements that have to be proven,
[01:16:06.780 --> 01:16:09.740]  now you go back to your statement of facts,
[01:16:09.740 --> 01:16:14.740]  and you keep in all of the facts that are needed
[01:16:16.740 --> 01:16:19.580]  to stitch all of the events together
[01:16:21.100 --> 01:16:24.860]  so that the reader doesn't lose referential index.
[01:16:24.860 --> 01:16:29.860]  One thing you avoid at all cost is pronouns,
[01:16:30.900 --> 01:16:33.740]  and you seem to have done that very well.
[01:16:33.740 --> 01:16:38.740]  You, I'm hearing music, you've got, I've got 24 seconds.
[01:16:41.420 --> 01:16:44.100]  Okay, we'll go back to this
[01:16:44.100 --> 01:16:45.180]  when we come back on the other side.
[01:16:45.180 --> 01:16:46.740]  So far, I'm really liking what I'm seeing.
[01:16:46.740 --> 01:16:48.740]  I want to talk about what you did right
[01:16:48.740 --> 01:16:52.700]  so that people building these will know how to do this.
[01:16:52.700 --> 01:16:55.340]  This is Randy Kelton, Steve Skidmore,
[01:16:55.340 --> 01:16:57.900]  Rubeye Radio, we'll be right back.
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[01:19:02.060 --> 01:19:07.060]  This is the Logos Radio Net.
[01:19:11.740 --> 01:19:14.020]  ["Bullying Me"]
[01:19:15.700 --> 01:19:17.500]  Ain't gonna blind me
[01:19:17.500 --> 01:19:22.500]  Mmm, don't bore me
[01:19:27.900 --> 01:19:32.900]  Well, ain't gonna fool me
[01:19:33.500 --> 01:19:36.820]  with that same old trick again
[01:19:36.820 --> 01:19:41.820]  I was blindsided but now I can see you plan
[01:19:41.860 --> 01:19:44.780]  You put the fear in my pocket
[01:19:44.780 --> 01:19:47.020]  Took the money from my hand
[01:19:47.020 --> 01:19:52.020]  Ain't gonna fool me with that same old trick again
[01:20:17.020 --> 01:20:22.020]  It tends to focus on what it presumes to be important
[01:20:23.540 --> 01:20:25.620]  and most significant at the moment.
[01:20:27.100 --> 01:20:31.100]  And it moves your attention around
[01:20:31.100 --> 01:20:34.780]  with these feelings we call emotions.
[01:20:36.020 --> 01:20:39.180]  And while it may be efficient
[01:20:39.180 --> 01:20:44.180]  for moving the conscious attention focus around,
[01:20:44.180 --> 01:20:47.780]  it really messes up referential index.
[01:20:49.380 --> 01:20:54.380]  While the focus is directed by these emotions,
[01:20:55.420 --> 01:20:59.540]  the peripheral vision and the peripheral awareness
[01:21:01.500 --> 01:21:06.500]  doesn't mark all the information it's perceiving.
[01:21:06.780 --> 01:21:08.540]  I know I'm sounding real confusing.
[01:21:08.540 --> 01:21:11.820]  Let me try to straighten this out a little bit.
[01:21:11.820 --> 01:21:14.860]  You're aware of your existence
[01:21:14.860 --> 01:21:17.500]  and you're aware of the world around you
[01:21:17.500 --> 01:21:19.820]  through the dead center through your iris.
[01:21:21.380 --> 01:21:26.380]  And similarly for your hearing and sense of touch and smell,
[01:21:28.940 --> 01:21:33.180]  each of these senses are highly focused
[01:21:33.180 --> 01:21:34.700]  in the conscious awareness.
[01:21:34.700 --> 01:21:40.700]  However, all of these sensors collect a lot of data
[01:21:41.940 --> 01:21:46.460]  that you're not looking right at or listening directly to.
[01:21:46.460 --> 01:21:48.220]  It sees it and hears it.
[01:21:49.660 --> 01:21:53.780]  And generally this other aspect catalogs this information
[01:21:53.780 --> 01:21:58.300]  by relevance, except when you have
[01:21:58.300 --> 01:22:00.500]  a strong emotional response.
[01:22:00.500 --> 01:22:03.980]  Strong emotional response is treated like an emergency.
[01:22:03.980 --> 01:22:05.140]  It's this inner mind saying,
[01:22:05.140 --> 01:22:08.260]  hold on here, something's not working right.
[01:22:08.260 --> 01:22:11.340]  We really have to get on this and pay close attention to it.
[01:22:11.340 --> 01:22:16.060]  So it distracts the peripheral awareness
[01:22:16.060 --> 01:22:18.380]  from all of these minor details
[01:22:18.380 --> 01:22:21.060]  that it normally pays attention to in catalogs.
[01:22:22.260 --> 01:22:27.260]  What that causes is when there are emotional situations,
[01:22:28.340 --> 01:22:33.340]  you focus on what you perceive to be most important
[01:22:33.340 --> 01:22:37.940]  at the moment and you don't see or hear
[01:22:37.940 --> 01:22:39.900]  those other things that go on.
[01:22:41.140 --> 01:22:45.260]  Your peripheral awareness may hear them,
[01:22:45.260 --> 01:22:50.260]  but it's too busy coordinated between these mental parts.
[01:22:52.100 --> 01:22:53.900]  It doesn't catalog them
[01:22:53.900 --> 01:22:56.300]  and that's called referential index.
[01:22:57.580 --> 01:23:00.500]  You don't have anything that allows you
[01:23:00.500 --> 01:23:03.500]  to refer directly back to them.
[01:23:03.500 --> 01:23:06.780]  So we build this statement of facts.
[01:23:06.780 --> 01:23:08.860]  When you build the first one,
[01:23:08.860 --> 01:23:13.580]  it will tend to go from one emotional high point
[01:23:13.580 --> 01:23:15.940]  to the next, to the next, to the next.
[01:23:15.940 --> 01:23:19.540]  Emotion or a really annoying phone call
[01:23:19.540 --> 01:23:22.980]  or a threatening phone call or a threatening letter
[01:23:22.980 --> 01:23:25.740]  or you step from one to the other.
[01:23:25.740 --> 01:23:30.740]  And if there are things that occurred
[01:23:32.340 --> 01:23:37.340]  that went to specific legal points,
[01:23:38.340 --> 01:23:39.860]  but you didn't know that,
[01:23:40.820 --> 01:23:43.940]  then most likely you didn't pay attention to it.
[01:23:43.940 --> 01:23:46.060]  And when you sit down with a lawyer
[01:23:46.060 --> 01:23:47.580]  and he asks you what happened,
[01:23:47.580 --> 01:23:49.980]  he's still sitting there with a legal pad.
[01:23:49.980 --> 01:23:53.140]  He's got a pen in his hand and you tap back and forth
[01:23:53.140 --> 01:23:56.140]  and every once in a while he makes a note.
[01:23:56.140 --> 01:24:01.140]  He's not as interested in all of the things that happens
[01:24:01.340 --> 01:24:05.220]  as he's interested in all of the legal elements
[01:24:05.220 --> 01:24:07.140]  that are implicated.
[01:24:07.140 --> 01:24:09.660]  And when you say something that implicates a legal element,
[01:24:09.660 --> 01:24:11.100]  he puts a note on his pad.
[01:24:12.380 --> 01:24:13.220]  And then when you're done,
[01:24:13.220 --> 01:24:16.540]  he goes down and looks at these legal elements
[01:24:16.540 --> 01:24:18.140]  and asks himself, well,
[01:24:18.140 --> 01:24:20.940]  are these all adequately tied together
[01:24:20.940 --> 01:24:24.500]  or is there information in between that's missing?
[01:24:24.500 --> 01:24:28.060]  And then he'll come back and try to ask you questions
[01:24:28.060 --> 01:24:30.020]  to fill in the information.
[01:24:30.020 --> 01:24:32.500]  He generally doesn't do much of that
[01:24:32.500 --> 01:24:33.900]  in the first conversation
[01:24:33.900 --> 01:24:38.900]  because he understands that you have this emotional load.
[01:24:40.820 --> 01:24:43.460]  You have these emotional things that happened
[01:24:43.460 --> 01:24:46.340]  that you perceived to be important
[01:24:46.340 --> 01:24:50.380]  and feel as though you need to tell him that.
[01:24:51.320 --> 01:24:54.040]  If you have something you need to tell someone
[01:24:55.160 --> 01:24:57.160]  and they don't let you get to it,
[01:24:58.520 --> 01:25:00.280]  they'll never have your attention
[01:25:01.160 --> 01:25:03.280]  because you'll always be distracted
[01:25:04.260 --> 01:25:09.260]  by your perceived need to get this information out.
[01:25:11.120 --> 01:25:13.240]  So the good lawyer knows what he's doing,
[01:25:13.240 --> 01:25:17.520]  lets you go through your situation
[01:25:17.520 --> 01:25:20.440]  and get all the stuff that you need to say.
[01:25:20.440 --> 01:25:24.080]  And he takes notes on where you step on legal elements
[01:25:24.080 --> 01:25:26.240]  so now he can go back.
[01:25:26.240 --> 01:25:30.400]  And then once you've dumped the emotional load,
[01:25:30.400 --> 01:25:31.960]  once you've gave him all the stuff
[01:25:31.960 --> 01:25:34.680]  that you think he needs to hear,
[01:25:34.680 --> 01:25:39.240]  now you can go through this with a little less passion
[01:25:39.240 --> 01:25:44.240]  and he will try to reconnect these pieces together.
[01:25:44.680 --> 01:25:47.840]  Try to recover their lost referential index.
[01:25:50.240 --> 01:25:51.820]  I don't know if this makes sense or not,
[01:25:51.820 --> 01:25:54.760]  but if you think about it,
[01:25:54.760 --> 01:25:56.560]  it'll probably give you a headache.
[01:25:58.160 --> 01:26:01.040]  Yeah, there were too many pattern interruptions in that
[01:26:01.040 --> 01:26:05.200]  and you lost me on the outside of that last thinking curve.
[01:26:05.200 --> 01:26:09.680]  Okay, well the point of all of this is
[01:26:09.680 --> 01:26:12.240]  when you do the statement of facts,
[01:26:12.240 --> 01:26:14.400]  don't worry about getting all the facts.
[01:26:14.400 --> 01:26:17.460]  Just go through and put in what comes to mind.
[01:26:19.160 --> 01:26:20.800]  And then once you're finished,
[01:26:20.800 --> 01:26:23.720]  go back and start again or leave it a day or two
[01:26:25.080 --> 01:26:26.960]  and then go back and start again.
[01:26:28.120 --> 01:26:32.620]  Going through a statement of facts is very difficult
[01:26:32.620 --> 01:26:37.440]  because in order to extract the information that you need,
[01:26:37.440 --> 01:26:40.240]  you have to re-experience the emotion.
[01:26:41.160 --> 01:26:44.760]  It sucked the first time and it sucks the second time.
[01:26:44.760 --> 01:26:46.800]  So it's hard for people to do this.
[01:26:46.800 --> 01:26:50.240]  Once you've done it one time and got it on paper,
[01:26:50.240 --> 01:26:52.560]  you don't have to do that again.
[01:26:52.560 --> 01:26:55.940]  You don't have to re-feel those bad parts.
[01:26:55.940 --> 01:27:00.940]  Now you can come back to it a little more dispassionately
[01:27:00.940 --> 01:27:05.940]  and that lets you access that information
[01:27:06.860 --> 01:27:09.500]  that came in in your peripheral vision
[01:27:09.500 --> 01:27:12.740]  and then on the outside edges of your hearing
[01:27:12.740 --> 01:27:15.940]  that you didn't pay attention to the first time.
[01:27:15.940 --> 01:27:19.820]  And a lot of times you'll go through what happens
[01:27:19.820 --> 01:27:21.300]  and you realize, wait a minute,
[01:27:21.300 --> 01:27:23.000]  there's an empty space there.
[01:27:24.220 --> 01:27:26.780]  And when you realize there's an empty space,
[01:27:26.780 --> 01:27:31.780]  then you redirect your focus to finer detail
[01:27:31.860 --> 01:27:34.540]  and you'll be surprised at the interesting detail
[01:27:34.540 --> 01:27:35.620]  that you pull out.
[01:27:36.980 --> 01:27:39.580]  So the second time you go through a statement of facts,
[01:27:39.580 --> 01:27:41.240]  you'll get much, much better.
[01:27:42.420 --> 01:27:45.620]  And generally you need to go through one about three times
[01:27:46.900 --> 01:27:51.900]  and in going through, in building the statement of facts,
[01:27:51.900 --> 01:27:56.900]  you try always to avoid pronouns.
[01:27:57.500 --> 01:28:00.660]  If, you know, I just did a statement of facts the other day
[01:28:00.660 --> 01:28:03.700]  and I had to put the person's name in there
[01:28:03.700 --> 01:28:06.440]  sometimes three times in one sentence.
[01:28:08.300 --> 01:28:11.740]  I want to put he or she,
[01:28:11.740 --> 01:28:15.100]  and two or three times I just put it in there
[01:28:15.100 --> 01:28:16.480]  because it's just automatic.
[01:28:16.480 --> 01:28:19.460]  And then I had to say, stop, stop, stop,
[01:28:19.460 --> 01:28:24.460]  get that out of there because when you're writing it,
[01:28:25.260 --> 01:28:28.060]  you notice that you write it over and over
[01:28:28.060 --> 01:28:30.820]  and it becomes redundant.
[01:28:31.700 --> 01:28:34.360]  But the reader doesn't read it that way.
[01:28:35.480 --> 01:28:37.620]  The reader will see the name and he'll see
[01:28:37.620 --> 01:28:40.980]  that the name occurs again in the sentence
[01:28:40.980 --> 01:28:42.860]  and that it occurs again in the sentence,
[01:28:42.860 --> 01:28:45.060]  but he doesn't actually read it.
[01:28:45.060 --> 01:28:50.060]  He recognizes it, so it doesn't slow down the reader.
[01:28:51.460 --> 01:28:55.260]  And when you're reading something of a legal nature,
[01:28:55.260 --> 01:29:00.260]  where how all the pieces fit together is very important,
[01:29:02.140 --> 01:29:06.640]  by not using a pronoun, you will avoid a pattern interruption.
[01:29:08.660 --> 01:29:13.660]  When you see he or she in a sentence,
[01:29:13.660 --> 01:29:18.140]  you have to use a separate mental facility
[01:29:18.140 --> 01:29:22.380]  to make sure what the referential index
[01:29:22.380 --> 01:29:24.260]  for he or she is.
[01:29:25.140 --> 01:29:30.140]  Which character specifically does that term refer to?
[01:29:32.060 --> 01:29:34.240]  Most of the time, yeah, most of the time we do this
[01:29:34.240 --> 01:29:38.260]  without even slowing down, we don't even notice it.
[01:29:38.260 --> 01:29:39.660]  But when you're doing a legal document
[01:29:39.660 --> 01:29:41.740]  where it gets really important,
[01:29:41.740 --> 01:29:43.500]  then you tend to stop and say, wait a minute,
[01:29:43.500 --> 01:29:45.580]  is that, is he referring to this person
[01:29:45.580 --> 01:29:47.100]  or is there somebody else that could be,
[01:29:47.100 --> 01:29:48.420]  I have mentioned somewhere,
[01:29:48.420 --> 01:29:51.380]  that he may be referring to, and that's a pattern interruption.
[01:29:51.380 --> 01:29:53.020]  If the name is in there, you don't do that,
[01:29:53.020 --> 01:29:53.860]  you just keep going.
[01:29:53.860 --> 01:29:55.740]  Hang on, Randy Kelton, Steve Kiddmore,
[01:29:55.740 --> 01:29:58.000]  Ruevra Radio, we'll be right back.
[01:30:03.220 --> 01:30:05.420]  Can reality TV make you dumber?
[01:30:05.420 --> 01:30:08.580]  New research suggests watching people do stupid things
[01:30:08.580 --> 01:30:11.100]  can dumb you down more than you realize.
[01:30:11.100 --> 01:30:12.380]  I'm Dr. Catherine Albrecht,
[01:30:12.380 --> 01:30:14.820]  back with the details on the mind-snobbing effects
[01:30:14.820 --> 01:30:17.140]  of reality TV in a moment.
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[01:30:21.100 --> 01:30:22.820]  you'll never get it back again.
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[01:31:22.820 --> 01:31:25.500]  I'm Dr. Catherine Albrecht for startpage.com,
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[01:33:47.900 --> 01:33:50.420]  OK, we are back.
[01:33:50.420 --> 01:33:52.980]  Randy Kelton, Steve Skidmore, Rue's Law Radio.
[01:33:52.980 --> 01:33:57.380]  And we're talking about how to write a statement of facts,
[01:33:57.380 --> 01:34:02.300]  but more generally, how writing legal documents
[01:34:02.300 --> 01:34:11.060]  is different than writing other kinds of stuff.
[01:34:11.060 --> 01:34:13.260]  I didn't have a right word, so I throw stuff in there
[01:34:13.260 --> 01:34:14.900]  when I don't have the right word.
[01:34:14.900 --> 01:34:16.460]  Stuff works.
[01:34:16.460 --> 01:34:18.220]  OK.
[01:34:18.220 --> 01:34:19.220]  Stuff and things.
[01:34:22.700 --> 01:34:26.260]  Any kind of writing, you should always
[01:34:26.260 --> 01:34:31.500]  keep in mind the flow, the flow of your reader.
[01:34:31.500 --> 01:34:35.620]  You want to move the mind of your reader from one thought
[01:34:35.620 --> 01:34:39.100]  to the next to the next.
[01:34:39.100 --> 01:34:43.700]  You always need to keep in mind where
[01:34:43.700 --> 01:34:50.340]  you say something that has not been clearly defined previously.
[01:34:50.340 --> 01:34:55.220]  One word I pick on a lot is the.
[01:34:55.220 --> 01:34:59.180]  Steve, what does the mean?
[01:34:59.180 --> 01:35:01.500]  The only one.
[01:35:01.500 --> 01:35:02.700]  No.
[01:35:02.700 --> 01:35:06.300]  See, there's a problem with the previous.
[01:35:06.300 --> 01:35:07.500]  Previous.
[01:35:07.500 --> 01:35:13.020]  The means one previously mentioned.
[01:35:13.020 --> 01:35:17.060]  And once you have that definition in your mind,
[01:35:17.060 --> 01:35:20.420]  a lot of times you read a document and see the word the
[01:35:20.420 --> 01:35:24.100]  and you realize that he hasn't used it right.
[01:35:24.100 --> 01:35:25.740]  It means the one previously mentioned.
[01:35:25.740 --> 01:35:28.540]  He's never mentioned that before.
[01:35:28.540 --> 01:35:32.700]  He should have put another word in there because confusing.
[01:35:32.700 --> 01:35:36.140]  We need to be careful about our definitions, especially
[01:35:36.140 --> 01:35:40.820]  in legal writing, and not only careful about our definitions,
[01:35:40.820 --> 01:35:44.260]  but careful about our presentation
[01:35:44.260 --> 01:35:47.700]  as it relates to flow of mind.
[01:35:47.700 --> 01:35:53.060]  If I make a statement that lacks referential index.
[01:35:53.060 --> 01:35:58.740]  That I reference something that hasn't already
[01:35:58.740 --> 01:36:06.020]  been defined or referred to, and I don't explain what this is.
[01:36:06.020 --> 01:36:09.900]  Like, if I'm writing a document and I put in, say, MERS,
[01:36:09.900 --> 01:36:14.060]  and we'll get to acronyms in a second, I put in MERS.
[01:36:14.060 --> 01:36:16.940]  And I don't tell you what MERS is.
[01:36:16.940 --> 01:36:20.260]  You will mentally trip over that.
[01:36:20.260 --> 01:36:25.660]  Now, you may keep reading with the conscious part
[01:36:25.660 --> 01:36:29.500]  of your awareness, but there's another part back there
[01:36:29.500 --> 01:36:32.220]  that's kind of grumbling in the background thinking,
[01:36:32.220 --> 01:36:35.500]  what in the heck does MERS refer to?
[01:36:35.500 --> 01:36:40.340]  I had a teacher tell me once that this is in grade school,
[01:36:40.340 --> 01:36:42.580]  that if you're reading something and you come across a word
[01:36:42.580 --> 01:36:45.660]  that you don't know the definition to, just look
[01:36:45.660 --> 01:36:47.460]  at the context of the text.
[01:36:47.460 --> 01:36:49.380]  You can probably figure it out.
[01:36:49.380 --> 01:36:54.020]  Well, I tested that hypothesis when I was in college.
[01:36:54.020 --> 01:37:00.140]  And my score was 100% wrong.
[01:37:00.140 --> 01:37:04.500]  I was never right a single time.
[01:37:04.500 --> 01:37:07.980]  And that was really shocking.
[01:37:07.980 --> 01:37:12.140]  I no longer trust my ability to determine
[01:37:12.140 --> 01:37:15.820]  the meaning of a word from the context of the verbiage
[01:37:15.820 --> 01:37:17.700]  around it.
[01:37:17.700 --> 01:37:21.300]  As a matter of fact, if I could do that,
[01:37:21.300 --> 01:37:25.060]  then the word didn't need to be there to start with.
[01:37:25.060 --> 01:37:30.060]  Because when you study writing, every word has to work.
[01:37:30.060 --> 01:37:32.620]  It has to add something.
[01:37:32.620 --> 01:37:34.820]  So if I can figure out from the rest of the text
[01:37:34.820 --> 01:37:36.060]  what that was, then I didn't need
[01:37:36.060 --> 01:37:37.780]  to put it in there in the first place.
[01:37:37.780 --> 01:37:41.380]  But fact was, when I tried it, it was always wrong.
[01:37:41.380 --> 01:37:47.420]  So be careful with the terms you use so that your reader,
[01:37:47.420 --> 01:37:52.900]  when he reads the term or reads a reference,
[01:37:52.900 --> 01:37:55.500]  that it's clear what that reference is to.
[01:37:55.500 --> 01:38:01.580]  And this is why I really avoid acronyms.
[01:38:01.580 --> 01:38:05.220]  Now, Fair Debt Collections Practices Act,
[01:38:05.220 --> 01:38:08.620]  if that's in a sentence two or three times,
[01:38:08.620 --> 01:38:12.060]  the first time in the sentence, I'll
[01:38:12.060 --> 01:38:16.060]  put Fair Debt Collections Practices Act bracket,
[01:38:16.060 --> 01:38:22.220]  FDCPA bracket, and then use it in that sentence.
[01:38:22.220 --> 01:38:25.540]  But when I go to another sentence, if it comes up again,
[01:38:25.540 --> 01:38:29.420]  I'll use Fair Debt Collections Practices Act.
[01:38:29.420 --> 01:38:34.460]  Reason is, when you have acronyms,
[01:38:34.460 --> 01:38:40.100]  especially if they're three or more letters,
[01:38:40.100 --> 01:38:44.220]  the mind always has to look at those letters
[01:38:44.220 --> 01:38:47.740]  and convert them back into the words that they need.
[01:38:47.740 --> 01:38:51.580]  And that takes a separate mental action
[01:38:51.580 --> 01:38:55.980]  from reading and comprehending the flow of the document.
[01:38:55.980 --> 01:38:58.660]  That causes an internal pattern interruption
[01:38:58.660 --> 01:38:59.860]  and a break in the flow.
[01:39:02.500 --> 01:39:07.140]  So I avoid them not because the person can't figure out
[01:39:07.140 --> 01:39:10.740]  what it actually is, but because I
[01:39:10.740 --> 01:39:13.900]  don't want them to have to break the flow in order
[01:39:13.900 --> 01:39:18.620]  to figure it out or in order to be sure that they're
[01:39:18.620 --> 01:39:20.180]  seeing what they're seeing.
[01:39:20.180 --> 01:39:26.940]  FDCPA, FCRA, are these the same?
[01:39:26.940 --> 01:39:28.540]  Did I miss something?
[01:39:28.540 --> 01:39:30.860]  Did I miss a letter?
[01:39:30.860 --> 01:39:32.820]  I trip over those all the time.
[01:39:32.820 --> 01:39:35.300]  No matter how many times I've seen them,
[01:39:35.300 --> 01:39:41.140]  if I'm doing a document concerning credit
[01:39:41.140 --> 01:39:47.500]  where FDCPA and FCRA are both included,
[01:39:47.500 --> 01:39:50.780]  I can never use the acronyms because they will always
[01:39:50.780 --> 01:39:53.020]  confuse the reader and break his flow.
[01:39:55.940 --> 01:39:58.500]  I think I've made my point here.
[01:39:58.500 --> 01:40:00.460]  Steve and I were talking on the break
[01:40:00.460 --> 01:40:05.580]  that I'm concerned that I'm beating this thing to death.
[01:40:05.580 --> 01:40:11.100]  But these are some subtle things about writing legal documents.
[01:40:11.100 --> 01:40:14.740]  That are very, very important.
[01:40:14.740 --> 01:40:16.740]  Randy's been accused of a lot of things,
[01:40:16.740 --> 01:40:21.460]  but being long-winded was, well, yeah, that comes up every now and then.
[01:40:21.460 --> 01:40:23.780]  Never mind.
[01:40:23.780 --> 01:40:30.420]  Anyway, I struggle with things that I already know.
[01:40:30.420 --> 01:40:33.300]  And when I present something, I have
[01:40:33.300 --> 01:40:38.180]  to be careful about not assuming that somebody else already
[01:40:38.180 --> 01:40:39.300]  knows this information.
[01:40:39.300 --> 01:40:42.940]  So if you're listening to me and you hear me go over something
[01:40:42.940 --> 01:40:48.060]  and you say, I've heard that before, you're boring me with it,
[01:40:48.060 --> 01:40:50.500]  I understand that I may bore you with it sometimes,
[01:40:50.500 --> 01:40:54.980]  but I always assume I have listeners that haven't heard it before.
[01:40:54.980 --> 01:40:59.540]  And if it's something complex, it helps to hear it a couple of times.
[01:40:59.540 --> 01:41:03.700]  Especially if I'm screwing something up, you hear it through a few times,
[01:41:03.700 --> 01:41:07.740]  and you realize where I screwed up, you can get me corrected.
[01:41:07.740 --> 01:41:12.140]  OK, enough with that, Darlene.
[01:41:12.140 --> 01:41:19.380]  With Mears, like on what I gave you, I had it as just MERS.
[01:41:19.380 --> 01:41:24.380]  But every time I'm going to refer to it, I should just type it out.
[01:41:24.380 --> 01:41:27.580]  Mortgage Electronic Registration System.
[01:41:27.580 --> 01:41:35.220]  Exactly, because a reader doesn't look at a word,
[01:41:35.220 --> 01:41:40.460]  IndyMac, I-N-D-Y-M, and we don't do that.
[01:41:40.460 --> 01:41:44.380]  I see IndyMac, and I recognize it.
[01:41:44.380 --> 01:41:48.260]  How often have you looked at a word and said,
[01:41:48.260 --> 01:41:51.580]  it's something inside, say, wait a minute, wait a minute.
[01:41:51.580 --> 01:41:53.780]  That doesn't look right.
[01:41:53.780 --> 01:41:55.700]  That word's not spelled right.
[01:41:55.700 --> 01:41:58.340]  You don't know why it's not spelled right,
[01:41:58.340 --> 01:42:00.860]  but you know it's not spelled right.
[01:42:00.860 --> 01:42:04.580]  And the reason is up in your mind, you have a picture
[01:42:04.580 --> 01:42:07.460]  of what that word looks like.
[01:42:07.460 --> 01:42:11.020]  This doesn't match the picture.
[01:42:11.020 --> 01:42:14.780]  So you know something's wrong, and it often takes a while
[01:42:14.780 --> 01:42:16.660]  to figure out what it is.
[01:42:16.660 --> 01:42:19.420]  And that's because we don't read words.
[01:42:19.420 --> 01:42:23.740]  We recognize them like we'd recognize a Chevrolet.
[01:42:23.740 --> 01:42:27.540]  So when you put mortgage electronic registration
[01:42:27.540 --> 01:42:31.740]  systems, it does not slow down the reader.
[01:42:31.740 --> 01:42:35.540]  They see mortgage E, they recognize it.
[01:42:35.540 --> 01:42:37.540]  They know exactly what the rest of that is,
[01:42:37.540 --> 01:42:39.620]  and they just keep moving.
[01:42:39.620 --> 01:42:42.620]  And it doesn't break the flow.
[01:42:42.620 --> 01:42:46.180]  Even if they look at all of those words in there,
[01:42:46.180 --> 01:42:51.220]  those words come up to be exactly what they expect them
[01:42:51.220 --> 01:42:53.740]  to be, and it doesn't break flow.
[01:42:53.740 --> 01:42:58.460]  So unless you need it two or three times in a sentence
[01:42:58.460 --> 01:43:03.420]  or maybe in a paragraph, if you write it
[01:43:03.420 --> 01:43:06.900]  and it looks overly redundant, then
[01:43:06.900 --> 01:43:10.460]  at the top of the paragraph, put in MERS and then
[01:43:10.460 --> 01:43:13.260]  bracket mortgage electronic registration service bracket
[01:43:13.260 --> 01:43:16.740]  MERS, and use it in that paragraph.
[01:43:16.740 --> 01:43:18.820]  But if you go to another paragraph,
[01:43:18.820 --> 01:43:20.900]  especially if it's two or three paragraphs later,
[01:43:20.900 --> 01:43:23.660]  don't use that acronym again.
[01:43:23.660 --> 01:43:26.140]  Put MERS in there.
[01:43:26.140 --> 01:43:27.140]  OK.
[01:43:27.140 --> 01:43:29.380]  The reader will understand that you've
[01:43:29.380 --> 01:43:32.540]  used mortgage electronic registration service before,
[01:43:32.540 --> 01:43:34.740]  and I know what MERS means, but they
[01:43:34.740 --> 01:43:39.580]  won't mean to be tripled over it and maintain
[01:43:39.580 --> 01:43:41.980]  the flow a whole lot better.
[01:43:41.980 --> 01:43:45.860]  OK, when we come back, I'm going to stop talking,
[01:43:45.860 --> 01:43:49.420]  and you have some questions for us, I hope,
[01:43:49.420 --> 01:43:51.380]  and we'll go to you.
[01:43:51.380 --> 01:43:55.380]  So this is Randy Kelton, the Kidmore River Radio.
[01:43:55.380 --> 01:44:00.300]  I'll call it number 512-646-1984, and we'll be right back.
[01:44:00.300 --> 01:44:02.740]  You feel tired when talking about important topics
[01:44:02.740 --> 01:44:04.020]  like money and politics?
[01:44:04.020 --> 01:44:04.500]  Sorry.
[01:44:04.500 --> 01:44:06.660]  Are you confused by words like the Constitution
[01:44:06.660 --> 01:44:07.700]  or the Federal Reserve?
[01:44:07.700 --> 01:44:08.180]  What?
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[01:44:10.980 --> 01:44:12.980]  today, stupidity.
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[01:44:27.340 --> 01:44:29.020]  at risk of catching stupidity.
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[01:46:22.980 --> 01:46:41.460]  OK, we are back, and we're talking to Darlene in Florida.
[01:46:41.460 --> 01:46:44.340]  OK, Darlene, we have your statement of facts.
[01:46:44.340 --> 01:46:47.100]  Did you have some questions?
[01:46:47.100 --> 01:46:51.140]  Right, just for my clarification,
[01:46:51.140 --> 01:46:53.740]  the statement of facts that I'm putting together,
[01:46:53.740 --> 01:46:56.340]  this is going to be a foundation for me
[01:46:56.340 --> 01:47:00.500]  to go back to prepare the affidavit that I'm
[01:47:00.500 --> 01:47:02.980]  going to submit to the court, correct?
[01:47:02.980 --> 01:47:04.860]  Exactly.
[01:47:04.860 --> 01:47:06.580]  OK.
[01:47:06.580 --> 01:47:11.060]  You have the statement of facts formatted with the date
[01:47:11.060 --> 01:47:15.660]  and then the information behind the date, and that's great.
[01:47:15.660 --> 01:47:18.780]  I'm going to make some formatting changes in it
[01:47:18.780 --> 01:47:25.580]  so that each sentence is numbered separately.
[01:47:25.580 --> 01:47:27.900]  A lot of times when I get one of these from somebody,
[01:47:27.900 --> 01:47:30.740]  they give it to me as one long dialogue,
[01:47:30.740 --> 01:47:33.340]  and the first thing I do is search and replace
[01:47:33.340 --> 01:47:37.260]  a search for period space space and replace it
[01:47:37.260 --> 01:47:41.540]  with period space space carriage return,
[01:47:41.540 --> 01:47:43.540]  and then number the whole thing.
[01:47:43.540 --> 01:47:48.340]  That way, you can go back and reference something
[01:47:48.340 --> 01:47:54.180]  by number, because I see dates here
[01:47:54.180 --> 01:47:56.140]  that are real close together.
[01:47:56.140 --> 01:48:00.500]  Here's three dates, the same for three different sentences.
[01:48:00.500 --> 01:48:03.140]  You would have no way of referencing that.
[01:48:03.140 --> 01:48:07.380]  So we'll go back and set it up so everything's numbered.
[01:48:07.380 --> 01:48:09.340]  Every time you hit a period, you should
[01:48:09.340 --> 01:48:10.900]  hit a carriage return when you're
[01:48:10.900 --> 01:48:17.980]  doing a statement of facts, unless the two sentences have
[01:48:17.980 --> 01:48:20.260]  to be part of one thing.
[01:48:20.260 --> 01:48:24.620]  But you want them broken up as much as possible,
[01:48:24.620 --> 01:48:26.660]  especially when you come back and re-look at it,
[01:48:26.660 --> 01:48:28.980]  because you're going to be sticking stuff
[01:48:28.980 --> 01:48:31.860]  in between all over the place.
[01:48:31.860 --> 01:48:34.900]  Right, because they already have more information,
[01:48:34.900 --> 01:48:36.860]  like you said, once you finish it,
[01:48:36.860 --> 01:48:38.740]  and I've gone over that a few times,
[01:48:38.740 --> 01:48:42.940]  and now I have even more that I would need to go in.
[01:48:42.940 --> 01:48:45.180]  And what I wanted to ask, should I also
[01:48:45.180 --> 01:48:48.820]  be including in there, obviously, as a pro se litigate?
[01:48:48.820 --> 01:48:50.820]  I don't get the professional courtesy
[01:48:50.820 --> 01:48:53.780]  that another counselor would get.
[01:48:53.780 --> 01:48:55.940]  And I mean, I've had motions that
[01:48:55.940 --> 01:49:02.580]  were my motion set by opposing counsel unilaterally.
[01:49:02.580 --> 01:49:05.420]  So should I also put those in there?
[01:49:05.420 --> 01:49:08.700]  Absolutely, every one of those.
[01:49:08.700 --> 01:49:11.460]  Because as you develop the facts,
[01:49:11.460 --> 01:49:14.060]  that may become important.
[01:49:14.060 --> 01:49:15.100]  OK.
[01:49:15.100 --> 01:49:19.700]  Especially if it becomes a pattern,
[01:49:19.700 --> 01:49:22.940]  or if something else occurred, you
[01:49:22.940 --> 01:49:27.100]  may find out that something occurred you didn't know about.
[01:49:27.100 --> 01:49:29.620]  And then you go back and look at something
[01:49:29.620 --> 01:49:33.020]  that occurred concerning that motion,
[01:49:33.020 --> 01:49:35.060]  and you didn't know about the motion.
[01:49:35.060 --> 01:49:39.140]  That had this occurred and you knew about it,
[01:49:39.140 --> 01:49:42.500]  then you could have taken some action.
[01:49:42.500 --> 01:49:47.340]  Every fact that you can think of that in any way relates to this,
[01:49:47.340 --> 01:49:49.100]  stick it in there.
[01:49:49.100 --> 01:49:50.140]  OK.
[01:49:50.140 --> 01:49:51.820]  When you get to the final document,
[01:49:51.820 --> 01:49:55.620]  we're going to go back down through this statement of facts.
[01:49:55.620 --> 01:50:01.460]  After you have your statement of factual accusation,
[01:50:01.460 --> 01:50:07.700]  or your argument in support, the argument in support
[01:50:07.700 --> 01:50:10.620]  will argue the relevance of the facts.
[01:50:10.620 --> 01:50:12.500]  And you'll find when you make your argument,
[01:50:12.500 --> 01:50:16.260]  there's a lot of those facts you don't refer to.
[01:50:16.260 --> 01:50:19.860]  You can take them out, especially if the facts don't
[01:50:19.860 --> 01:50:25.820]  look good for your side, and they're not really material.
[01:50:25.820 --> 01:50:28.020]  You can take those out.
[01:50:28.020 --> 01:50:29.940]  If something material occurs that
[01:50:29.940 --> 01:50:32.900]  doesn't look good for your side, you need to leave it in there,
[01:50:32.900 --> 01:50:36.580]  or you will look dishonest if it's not in there
[01:50:36.580 --> 01:50:38.660]  and it comes out later.
[01:50:38.660 --> 01:50:43.980]  But if it's a minor issue, it doesn't go to a material fact.
[01:50:43.980 --> 01:50:47.300]  You just take it out.
[01:50:47.300 --> 01:50:49.980]  I was going to ask you on that, because I thought
[01:50:49.980 --> 01:50:53.860]  that maybe the negotiations with modifying the mortgage
[01:50:53.860 --> 01:50:57.820]  were superfluous, so that I would just take those out.
[01:50:57.820 --> 01:51:01.300]  Yeah, you don't know that yet, and that's
[01:51:01.300 --> 01:51:02.820]  why we put everything in.
[01:51:02.820 --> 01:51:07.060]  Once you've made up your argument
[01:51:07.060 --> 01:51:10.140]  and you make your argument up from the jury
[01:51:10.140 --> 01:51:13.420]  charge that tells you what elements you
[01:51:13.420 --> 01:51:17.620]  have to prove for each of your assertions and allegations,
[01:51:17.620 --> 01:51:19.620]  once you've done that, then you've
[01:51:19.620 --> 01:51:22.780]  addressed what's relevant, and the rest of it
[01:51:22.780 --> 01:51:25.220]  is essentially superfluous.
[01:51:25.220 --> 01:51:27.780]  And so once you have your story down,
[01:51:27.780 --> 01:51:30.140]  now you can go see what doesn't fit with your story
[01:51:30.140 --> 01:51:33.420]  and start taking it out.
[01:51:33.420 --> 01:51:35.820]  You want your statement of fact, so when
[01:51:35.820 --> 01:51:40.980]  he reads the statement of facts and then goes and reads
[01:51:40.980 --> 01:51:45.460]  your argument in support, each fact
[01:51:45.460 --> 01:51:50.420]  will drop right into place in a logical progression
[01:51:50.420 --> 01:51:56.100]  and make sense as to your argument as concerns
[01:51:56.100 --> 01:51:57.300]  what that facts means.
[01:51:57.300 --> 01:52:01.500]  You really want him to come to a conclusion about what
[01:52:01.500 --> 01:52:06.540]  this facts means that's going to match the conclusion you
[01:52:06.540 --> 01:52:09.740]  put in your argument, and that'll
[01:52:09.740 --> 01:52:13.220]  make him think you're really smart.
[01:52:13.220 --> 01:52:15.380]  They generally won't get the fact
[01:52:15.380 --> 01:52:19.140]  that you led them to that conclusion, but even if they do,
[01:52:19.140 --> 01:52:22.860]  they'll still think you're pretty smart.
[01:52:22.860 --> 01:52:24.980]  OK, does that make sense?
[01:52:24.980 --> 01:52:27.180]  Yes, yes.
[01:52:27.180 --> 01:52:30.060]  When Steve was mentioning, you have
[01:52:30.060 --> 01:52:34.020]  to put everything out there, like when you can't just
[01:52:34.020 --> 01:52:39.300]  keep going back with one thing to file a complaint,
[01:52:39.300 --> 01:52:41.500]  but he mentioned about where they stay,
[01:52:41.500 --> 01:52:45.100]  you knew or you should have known these facts.
[01:52:45.100 --> 01:52:48.100]  Those were exact words that were being thrown at me
[01:52:48.100 --> 01:52:52.460]  by the judge when I was going in for a rehearing.
[01:52:52.460 --> 01:52:57.660]  And he said, well, what do you know that you didn't know then?
[01:52:57.660 --> 01:53:00.700]  Well, when you go on the internet and you spend hours
[01:53:00.700 --> 01:53:05.140]  researching, you come up with things that you didn't know.
[01:53:05.140 --> 01:53:07.500]  And that's where I had found that transcript that
[01:53:07.500 --> 01:53:12.060]  showed the fraudulent assignment of mortgages.
[01:53:12.060 --> 01:53:16.900]  So when you're expected to know something,
[01:53:16.900 --> 01:53:19.180]  you can't be expected to be able to research
[01:53:19.180 --> 01:53:20.820]  the whole internet.
[01:53:20.820 --> 01:53:23.980]  No, you can only be expected to know
[01:53:23.980 --> 01:53:29.460]  the facts to which you had firsthand knowledge,
[01:53:29.460 --> 01:53:34.620]  or the facts that relate directly to the case,
[01:53:34.620 --> 01:53:38.780]  to the issues that relate to the facts of the case.
[01:53:38.780 --> 01:53:44.580]  Any thing that is of another case,
[01:53:44.580 --> 01:53:48.020]  you're not expected to know that.
[01:53:48.020 --> 01:53:48.980]  OK.
[01:53:48.980 --> 01:53:52.140]  Or anything that has been deliberately hidden from you,
[01:53:52.140 --> 01:53:55.260]  that you do not have equal access to,
[01:53:55.260 --> 01:53:58.700]  you can't be expected to know that.
[01:53:58.700 --> 01:54:00.140]  Right.
[01:54:00.140 --> 01:54:02.660]  So that was my basis for a new hearing.
[01:54:02.660 --> 01:54:06.020]  But that judge just didn't want to hear it.
[01:54:06.020 --> 01:54:07.020]  Well, OK.
[01:54:07.020 --> 01:54:09.820]  Keep in mind, you don't care what the chump judge does.
[01:54:09.820 --> 01:54:10.820]  No.
[01:54:10.820 --> 01:54:13.380]  That's all about appeal.
[01:54:13.380 --> 01:54:18.300]  Keep you always have objections, overruled,
[01:54:18.300 --> 01:54:21.660]  let the record reflect, plenty for defendants,
[01:54:21.660 --> 01:54:24.980]  exception to the ruling.
[01:54:24.980 --> 01:54:25.500]  OK.
[01:54:25.500 --> 01:54:27.780]  And the judge will understand that you're
[01:54:27.780 --> 01:54:30.940]  marking that for appeal.
[01:54:30.940 --> 01:54:31.420]  OK.
[01:54:31.420 --> 01:54:33.340]  And what if, I mean, obviously, you
[01:54:33.340 --> 01:54:35.900]  didn't say those exact words.
[01:54:35.900 --> 01:54:40.460]  I mean, and it's obvious you did not agree with the ruling,
[01:54:40.460 --> 01:54:44.460]  without saying, well, I object to that ruling.
[01:54:44.460 --> 01:54:47.180]  You object and tell them why you object.
[01:54:47.180 --> 01:54:49.460]  Well, first you object, and then the judge
[01:54:49.460 --> 01:54:51.300]  will have to give you the floor.
[01:54:51.300 --> 01:54:52.900]  And you tell them why you object.
[01:54:52.900 --> 01:54:55.420]  And when the judge overrules your objection,
[01:54:55.420 --> 01:54:59.060]  then you ask the record to reflect your exception
[01:54:59.060 --> 01:55:00.860]  to the ruling.
[01:55:00.860 --> 01:55:02.860]  Right.
[01:55:02.860 --> 01:55:05.780]  And after a while, he'll tell you,
[01:55:05.780 --> 01:55:07.660]  if you do that over and over, he'll
[01:55:07.660 --> 01:55:09.820]  probably tell you you don't have to do that anymore,
[01:55:09.820 --> 01:55:14.020]  that he'll consider all of his decisions
[01:55:14.020 --> 01:55:17.620]  that overrule your objection, that you take exception to.
[01:55:17.620 --> 01:55:18.860]  And you won't have to do that.
[01:55:18.860 --> 01:55:22.020]  I've had judges do that a time or two.
[01:55:22.020 --> 01:55:23.620]  But they have to tell me that first,
[01:55:23.620 --> 01:55:27.260]  or they get the exception every time.
[01:55:27.260 --> 01:55:28.860]  OK.
[01:55:28.860 --> 01:55:29.380]  All right.
[01:55:29.380 --> 01:55:33.140]  Well, yeah, I'll be adding more on my end.
[01:55:33.140 --> 01:55:37.340]  So whatever you need for me to change, you let me know.
[01:55:37.340 --> 01:55:39.260]  Well, let me get Steve in here.
[01:55:39.260 --> 01:55:42.940]  Well, I've kind of talked over Steve this whole time.
[01:55:42.940 --> 01:55:45.540]  You're working for a law firm.
[01:55:45.540 --> 01:55:50.220]  Do you have anything to add about preferred methods
[01:55:50.220 --> 01:55:54.460]  of crafting documentation?
[01:55:54.460 --> 01:55:56.540]  Crafting your court docs?
[01:55:56.540 --> 01:55:58.420]  Yes.
[01:55:58.420 --> 01:56:03.100]  Something that I have battled with is long-windedness.
[01:56:03.100 --> 01:56:06.380]  Keep it as short as possible.
[01:56:06.380 --> 01:56:08.460]  If you find yourself being redundant,
[01:56:08.460 --> 01:56:10.100]  get rid of the redundancy.
[01:56:10.100 --> 01:56:11.180]  Judges don't like that.
[01:56:11.180 --> 01:56:14.620]  If you've said something, say it as completely as you can,
[01:56:14.620 --> 01:56:15.860]  move on to the next issue.
[01:56:18.900 --> 01:56:23.900]  Something else that a lot of people had a gentleman call me
[01:56:23.900 --> 01:56:25.220]  here a couple of weeks ago.
[01:56:25.220 --> 01:56:27.860]  And I don't know if I raised this on the radio.
[01:56:27.860 --> 01:56:29.940]  I'll not mention names or anything.
[01:56:29.940 --> 01:56:33.820]  A really good guy wrote a wonderful pleading.
[01:56:33.820 --> 01:56:38.460]  But when I came to section five, causes of action,
[01:56:38.460 --> 01:56:42.580]  I read causes, plural, of action.
[01:56:42.580 --> 01:56:43.340]  OK.
[01:56:43.340 --> 01:56:47.700]  Now you've whet my appetite for more than one cause of action.
[01:56:47.700 --> 01:56:53.100]  But he did not state a cause of action.
[01:56:53.100 --> 01:56:56.260]  He just immediately went into a story, a timeline
[01:56:56.260 --> 01:56:58.580]  of the events that took place.
[01:56:58.580 --> 01:57:03.820]  And nowhere in there did he mention a cause of action.
[01:57:03.820 --> 01:57:11.260]  So if you can get a litigation guide from your state,
[01:57:11.260 --> 01:57:13.100]  such as O'Connor's here in Texas,
[01:57:13.100 --> 01:57:17.740]  O'Connor's actually has an entire volume dedicated
[01:57:17.740 --> 01:57:20.340]  to causes of action.
[01:57:20.340 --> 01:57:25.780]  And in that volume, every civil cause of action is listed.
[01:57:28.740 --> 01:57:29.740]  So when?
[01:57:29.740 --> 01:57:31.740]  Let me put it in the chat.
[01:57:31.740 --> 01:57:36.180]  So let me put in a little quantifier.
[01:57:36.180 --> 01:57:40.580]  If it's not in there, it's not a cause of action.
[01:57:40.580 --> 01:57:42.660]  Exactly.
[01:57:42.660 --> 01:57:45.180]  For the state of Texas and the litigation guides,
[01:57:45.180 --> 01:57:48.580]  O'Connor's causes of action, if it's not in there,
[01:57:48.580 --> 01:57:53.620]  then it doesn't exist.
[01:57:53.620 --> 01:57:56.820]  So causes of action.
[01:57:56.820 --> 01:58:00.380]  Well, let's look at a very common cause of action
[01:58:00.380 --> 01:58:03.140]  that the other side brings against us.
[01:58:03.140 --> 01:58:05.620]  Forcible detainer.
[01:58:05.620 --> 01:58:07.100]  I hear the music in the background.
[01:58:07.100 --> 01:58:08.540]  We'll come back to causes of action
[01:58:08.540 --> 01:58:10.060]  on the other side of this break.
[01:58:10.060 --> 01:58:13.580]  Folks, 512-646-1984.
[01:58:13.580 --> 01:58:17.420]  You can dial that and get online with us.
[01:58:17.420 --> 01:58:20.300]  We will be right back after this brief message.
[01:58:20.300 --> 01:58:23.460]  And while we're gone, please stop by and visit our sponsors.
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[01:58:25.900 --> 01:58:28.220]  So we'll be right back after these brief messages.
[01:58:28.220 --> 01:58:30.260]  Stay tuned.
[01:58:30.260 --> 01:58:45.060]  Oh, we've still got 10 seconds.
[01:58:45.060 --> 01:58:47.060]  I didn't have my caller page filled up.
[01:58:47.060 --> 01:58:50.300]  Folks, this time we'll be right back.
[01:58:50.300 --> 01:58:54.020]  The Bible remains the most popular book in the world.
[01:58:54.020 --> 01:58:56.420]  Yet countless readers are frustrated because they
[01:58:56.420 --> 01:58:58.380]  struggle to understand it.
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[01:59:01.940 --> 01:59:04.140]  but in the process can compromise
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