[00:13.200 --> 00:20.200]  2014. Gold is trading around $1,226, silver $17.19, and bitcoin is trading around $335.
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[00:32.320 --> 00:38.400]  phone 800-874-9760. Today's edition of the Liberty Beat, brought to you by Texans for
[00:38.400 --> 00:43.000]  Accountable Governments, Operation GeoTV, a campaign to help you find your city council
[00:43.000 --> 00:47.440]  district, find out where to vote, and inform you about local accountability candidates.
[00:47.440 --> 00:52.480]  To take part, visit tagtexas.org slash geoTV, political advertisement paid for by Texans
[00:52.480 --> 00:57.020]  for Accountable Government. In the news, not guilty, that's the verdict handed down on
[00:57.020 --> 01:01.740]  the fourth and final day in the Austin, Texas trial of Antonio Beeler, charged with misdemeanor
[01:01.740 --> 01:06.120]  failure to obey the order of an officer. I'm very fortunate. I think that there's so many
[01:06.120 --> 01:10.320]  innocent people who've been convicted for crimes they didn't commit. They didn't have
[01:10.320 --> 01:14.040]  the community that I have. I just feel very fortunate. I'm just so grateful that all the
[01:14.040 --> 01:18.220]  witnesses stepped forward, a lot of witnesses who had no idea who I was that night. Just
[01:18.220 --> 01:22.680]  so grateful that an officer crossed the thin blue line to speak the truth, and I'm grateful
[01:22.680 --> 01:27.400]  that the jury members had the courage to stand up for the truth as opposed to being bullied
[01:27.400 --> 01:31.240]  by the prosecutor. The Austin police officer who crossed the thin blue line to provide
[01:31.240 --> 01:35.320]  testimony on behalf of Beeler is Jermaine Hopkins, and his willingness to do what he
[01:35.320 --> 01:41.400]  calls the right thing has cost him his job. I believe APD is an agency that cannot police
[01:41.400 --> 01:45.240]  itself. Unfortunately, it's at the higher levels. Beeler was arrested in the early morning
[01:45.240 --> 01:49.440]  hours of New Year's Day 2012 when he came to the defense of a woman being detained by
[01:49.440 --> 01:54.360]  Austin police officers, Patrick Oborski and Robert Snyder. That act is what led to his
[01:54.360 --> 01:59.360]  arrest and ultimately to the trial, which involved 25 hours of proceedings and six hours
[01:59.360 --> 02:03.920]  of deliberations for the five-person jury to reach its not guilty verdict. Beeler was
[02:03.920 --> 02:08.280]  represented by attorney Millie Thompson. If we flood the courthouse with cases like this,
[02:08.280 --> 02:12.820]  they will stop doing it. I was very blessed to be on the right side. The trial was one
[02:12.820 --> 02:18.000]  of twists and turns, including the loss of the sixth juror who stepped down, informing
[02:18.000 --> 02:21.960]  the judge he would not be able to reach a verdict, as he feared there was a group who
[02:21.960 --> 02:26.920]  would retaliate with physical violence if he did so. The group has not been publicly
[02:26.920 --> 02:32.040]  identified. Support for the Liberty Beat comes from Marjorie Wildcraft's Grow Your Own Groceries,
[02:32.040 --> 02:37.120]  homegrown food on every table. That's growyourowngroceries.org. Support also comes from the Kent Phillips
[02:37.120 --> 02:41.440]  Frost and City Council Districtory Campaign. Kent Phillips, a principled candidate with
[02:41.440 --> 02:46.720]  a commitment to honest, open, and transparent government. Learn more at votekentphilips.com.
[02:46.720 --> 02:51.960]  Political advertisement paid for by Kent Phillips. This is the Liberty Beat for Thursday, October
[02:51.960 --> 02:58.320]  30th, 2014. Check out the website at thelibertybeat.com and like us on Facebook at facebook.com slash
[02:58.320 --> 03:21.560]  the liberty beat.
[03:21.560 --> 03:30.600]  What you gonna do, what you gonna do? Bad boys, bad boys, what you gonna do? What you
[03:30.600 --> 03:36.440]  gonna do when they come for you? Bad boys, bad boys, what you gonna do? What you gonna
[03:36.440 --> 03:42.280]  do when they come for you? When you were eight and you had bad traits, you go to school and
[03:42.280 --> 03:48.120]  learn the golden rule. So why are you acting like a bloody fool? If you get hot, then you
[03:48.120 --> 03:59.080]  must get cool. Bad boys, bad boys, what you gonna do? What you gonna do when they come
[03:59.080 --> 04:07.560]  for you? Bad boys, bad boys, what you gonna do? What you gonna do when they come for you?
[04:07.560 --> 04:24.840]  Okay, we are glad to have you here on this Thursday, October the 30th.
[04:24.840 --> 04:32.560]  So tomorrow is our favorite, my favorite day of the year, my grandson's birthday.
[04:32.560 --> 04:36.480]  Anyway, thank you all for being here.
[04:36.480 --> 04:41.720]  We do have a guest that will be coming on shortly.
[04:41.720 --> 04:49.960]  We had a win this week, big time, major win.
[04:49.960 --> 04:58.360]  Anybody who's ever been in the family courts is well aware of the problems in the family
[04:58.360 --> 04:59.360]  courts.
[04:59.360 --> 05:06.880]  Everywhere I go, I get more complaints about corruption in the family courts than anywhere
[05:06.880 --> 05:07.880]  else.
[05:07.880 --> 05:16.280]  And in a civilized society, there's just something terribly, terribly wrong with that.
[05:16.280 --> 05:22.180]  And when I look at the family courts, you have people in crisis.
[05:22.180 --> 05:24.280]  Their lives are coming apart on them.
[05:24.280 --> 05:27.120]  For the most part, they're not lawyers.
[05:27.120 --> 05:35.320]  And even if they are lawyers, they seem to be just as vulnerable and get screwed around
[05:35.320 --> 05:36.640]  just as bad as non-lawyers.
[05:36.640 --> 05:43.620]  I believe outside of Fort Worth, if you go to Fort Worth, they have metal detectors going
[05:43.620 --> 05:45.840]  into the courthouse.
[05:45.840 --> 05:52.920]  The reason they put the metal detectors in was that a lawyer in a contentious divorce
[05:52.920 --> 06:03.560]  in Tarrant County, the lawyers on the other side did what is almost standard procedure
[06:03.560 --> 06:09.040]  is they have the wife accuse the husband of molesting the children.
[06:09.040 --> 06:12.560]  This is just standard procedure.
[06:12.560 --> 06:17.400]  If you're a man and you have children, especially girl children, and you get a divorce, they're
[06:17.400 --> 06:23.120]  going to accuse you of molesting the children, you can count on it.
[06:23.120 --> 06:25.960]  Makes no difference what the facts are.
[06:25.960 --> 06:27.640]  Nobody cares.
[06:27.640 --> 06:31.000]  You've got a lawyer on each side.
[06:31.000 --> 06:34.440]  They're both in business to make money.
[06:34.440 --> 06:40.560]  And when you get into one of these situations and you hire a lawyer, you think the lawyer
[06:40.560 --> 06:43.100]  is on your team.
[06:43.100 --> 06:45.120]  He is no such thing.
[06:45.120 --> 06:48.440]  He's on his team.
[06:48.440 --> 06:56.260]  It's like you're playing a four-sided chess board and everyone's represented on that board
[06:56.260 --> 07:00.680]  except your estranged spouse.
[07:00.680 --> 07:02.760]  You think it's you and the spouse.
[07:02.760 --> 07:05.440]  It's not you and the spouse.
[07:05.440 --> 07:13.960]  It's you on one corner, your lawyer on another corner, opposing counsel on another corner
[07:13.960 --> 07:16.880]  and the judge on the third corner.
[07:16.880 --> 07:21.280]  That's who you're dealing with when you get into a family law situation.
[07:21.280 --> 07:32.280]  And these two lawyers, they have relationships because they represent one client after another.
[07:32.280 --> 07:34.960]  Sometimes they'll be representing the female.
[07:34.960 --> 07:35.960]  Sometimes the male.
[07:35.960 --> 07:39.320]  They just switch back and forth.
[07:39.320 --> 07:45.600]  And there seems to be an unwritten rule that the lawyers will get together and look at
[07:45.600 --> 07:53.800]  the client's estate and then they determine how much of that estate they can swallow before
[07:53.800 --> 07:59.160]  they allow these two to get a conclusion to their divorce.
[07:59.160 --> 08:06.040]  And if you're trying to get an amicable divorce and you hire lawyers, you can forget about
[08:06.040 --> 08:07.040]  that.
[08:07.040 --> 08:13.200]  They'll take care of that nonsense and they'll get you at one another's throats so that
[08:13.200 --> 08:21.880]  they can churn the case and swallow as much of your estate as they possibly can.
[08:21.880 --> 08:26.200]  Then they'll let this thing come to some kind of fruition.
[08:26.200 --> 08:33.280]  And the judge, having risen up to his position from being a lawyer in amongst this same pool
[08:33.280 --> 08:36.680]  of sharks, helps them in the process.
[08:36.680 --> 08:43.600]  Now, whether or not they're paying the judges in the background, that's a question we're
[08:43.600 --> 08:56.960]  still trying to answer because nothing else seems to explain this outrageous corruption.
[08:56.960 --> 09:01.000]  And I have someone on that I want to speak to that issue.
[09:01.000 --> 09:07.720]  His name is Ken Magnussen, you've already had him on here before, and he has had some
[09:07.720 --> 09:09.440]  major wins here lately.
[09:09.440 --> 09:10.440]  Ken?
[09:10.440 --> 09:15.880]  Oh, I guess Ken sounds a lot better when he's muted.
[09:15.880 --> 09:18.120]  Okay, there you go, Ken.
[09:18.120 --> 09:19.120]  Now we should be...
[09:19.120 --> 09:20.120]  Can you hear me now?
[09:20.120 --> 09:21.600]  Yeah, I can hear you.
[09:21.600 --> 09:28.560]  Yeah, I heard your lead-in to this and the issue that seems to be happening in the family
[09:28.560 --> 09:33.600]  courts and this seems to be happening all over the United States, it's not just Texas.
[09:33.600 --> 09:39.720]  These people all go to various types of judicial and attorney conferences and apparently there's
[09:39.720 --> 09:44.560]  some backroom courses on how best to manipulate the process.
[09:44.560 --> 09:49.660]  Now, one thing I'm going to say though is that not just because they can doesn't mean
[09:49.660 --> 09:52.400]  they do manipulate every single one.
[09:52.400 --> 09:57.080]  It's just a question of whether or not the facts and the process lends itself to that
[09:57.080 --> 09:58.080]  procedure.
[09:58.080 --> 10:03.720]  And one of the things we're seeing is there was an advanced education course that was
[10:03.720 --> 10:11.960]  done in 2013 by the State Bar of Texas in San Antonio and they had a guest speaker on
[10:11.960 --> 10:18.000]  that did a presentation about what they call high conflict personality types.
[10:18.000 --> 10:23.600]  And essentially these were people that they have identified by psychologists as being
[10:23.600 --> 10:26.640]  people who create a problem.
[10:26.640 --> 10:32.240]  They want it all their way and they really resent the fact that somebody wants to divorce
[10:32.240 --> 10:38.440]  them or even questions what they're doing and they will foment additional litigation.
[10:38.440 --> 10:44.840]  Well, this is right to the order for the attorneys that want to run the bills up for the case
[10:44.840 --> 10:47.440]  and to manipulate the case.
[10:47.440 --> 10:52.820]  So there's a whole slew of allegations that are filed.
[10:52.820 --> 10:55.880]  No facts are found, just allegations.
[10:55.880 --> 11:04.380]  And apparently the family law judges, apparently innuendo is as good as actual fact.
[11:04.380 --> 11:12.300]  So they'll suddenly foment a whole change in custody and they'll change who pays child
[11:12.300 --> 11:13.300]  support.
[11:13.300 --> 11:18.720]  They'll order all of these additional lawyers and social studies people onto the case.
[11:18.720 --> 11:25.040]  And just so people realize this, they have potential amicus attorneys, amicus attorneys
[11:25.040 --> 11:29.720]  in Texas, as in most states, actually work for the courts.
[11:29.720 --> 11:36.880]  Now we're still at a loss as to what they actually do for the courts, but they bring
[11:36.880 --> 11:41.920]  them in and both parties end up paying their fees.
[11:41.920 --> 11:46.880]  Then there's an ad litem attorney that can be brought in, which is brought in for the
[11:46.880 --> 11:48.760]  interest of the child.
[11:48.760 --> 11:56.400]  In some cases where maybe you have a situation where you've got a father that's maybe convicted
[11:56.400 --> 12:05.760]  on drug possession or whatever, and the mother's an alcoholic or maybe she has mental problems
[12:05.760 --> 12:12.280]  or something, you could see where there may be a legitimate necessity to have the child
[12:12.280 --> 12:18.800]  represented by somebody that's supposed to have an independent representation there and
[12:18.800 --> 12:20.480]  preserve the interest of the child.
[12:20.480 --> 12:26.840]  However, in the cases where the parents are perfectly able to function and the only thing
[12:26.840 --> 12:34.640]  that created this entire process is the divorce, this is just a fomenting of more process in
[12:34.640 --> 12:36.320]  order to run up the bill.
[12:36.320 --> 12:41.840]  Usually it's designed to put one of the parties in trouble monetarily.
[12:41.840 --> 12:48.160]  It's a battle of economic attrition and that's part of what they do.
[12:48.160 --> 12:51.960]  Now, one of the things before we get into some of the stories that I've been collecting
[12:51.960 --> 12:57.880]  over the past two years in Texas as well as elsewhere, and this isn't limited to the United
[12:57.880 --> 12:58.880]  States.
[12:58.880 --> 13:02.880]  I also have a contact in Canada and they're doing the same thing in Canada in the family
[13:02.880 --> 13:06.960]  courts there too, so this is an equal opportunity.
[13:06.960 --> 13:18.760]  When I went to Australia, that was the reason they brought me to Australia, so it's everywhere.
[13:18.760 --> 13:24.880]  What it is, is when they find a good process to steal money from people or, well, we call
[13:24.880 --> 13:31.200]  it stealing, they call it legal work, it's propagated around the planet.
[13:31.200 --> 13:35.840]  It's like, ching, ching, I can now put my kids through graduate school, I can buy that
[13:35.840 --> 13:40.920]  new Jaguar, and that kind of thing.
[13:40.920 --> 13:45.000]  There doesn't seem to be any thought process to whether it's fair or equitable or even
[13:45.000 --> 13:51.420]  legal what they're doing, but in any event, one of the biggest things that you see in
[13:51.420 --> 13:57.200]  these cases is the fact that there doesn't seem to be any real legal judicial process
[13:57.200 --> 13:58.340]  occurring.
[13:58.340 --> 14:04.600]  It's hearings without court reporters, it's hearings where the attorneys go and meet in
[14:04.600 --> 14:11.240]  the judge's chamber, suddenly witnesses that were going to come out and testify on your
[14:11.240 --> 14:18.400]  side are excluded, only one side's witnesses testify, there's no actual physical evidence
[14:18.400 --> 14:23.440]  introduced such as photographs or documents.
[14:23.440 --> 14:29.200]  This is the hallmark of exactly what they need to do if they don't have it on the record
[14:29.200 --> 14:31.880]  to essentially waive your rights.
[14:31.880 --> 14:38.000]  If your attorney is not putting everything on the record, you waive your rights and that's
[14:38.000 --> 14:41.400]  come out of the appellate courts in every state of the union.
[14:41.400 --> 14:46.160]  The issue here is the only reason you go to trial and to make sure that everybody dots
[14:46.160 --> 14:52.120]  the I's and crosses the D's is to preserve the error for appeal.
[14:52.120 --> 14:55.440]  If you're sitting there in a case or about to go in a case, oh, I don't want to go to
[14:55.440 --> 15:01.240]  the appellate court, well, setting the stage to go to the appellate court may be the deterrent
[15:01.240 --> 15:06.440]  necessary to get the attorneys to do the right thing and the judge not to step over the line,
[15:06.440 --> 15:10.820]  well, maybe not as far over the line as they had in the past.
[15:10.820 --> 15:15.140]  The issue at this point is that for people who are listening about any kind of court
[15:15.140 --> 15:18.160]  action, you always want to have a court reporter.
[15:18.160 --> 15:24.480]  Recently, we've been doing some research out on Lexis and finding some new case law and
[15:24.480 --> 15:31.320]  provisions for court reporters and there's some political discussion now, as has been
[15:31.320 --> 15:37.240]  in the couple of states, have implemented essentially recording, video and audio recording
[15:37.240 --> 15:43.800]  in the courts and it's maintained by a separate organization, not the courts themselves.
[15:43.800 --> 15:49.200]  That's a great deterrent to abuse of power and there has been some movement in Texas
[15:49.200 --> 15:53.800]  by a number of legislators to implement that in Texas.
[15:53.800 --> 15:59.280]  That's going to be the end of the gravy train form because if they can't control the transcripts
[15:59.280 --> 16:06.500]  and they can't control editing out the salty comments by the judge, just FYI, the issue
[16:06.500 --> 16:12.840]  here in Texas that we've come across is that the requirement of the court reporter is what
[16:12.840 --> 16:14.820]  they call verbatim.
[16:14.820 --> 16:20.160]  That means when the judge says strike that from the record, he doesn't mean strike that
[16:20.160 --> 16:26.040]  from the record, he means that he's indicating put strike that from the record on the record.
[16:26.040 --> 16:29.280]  They're not supposed to omit those comments from the record.
[16:29.280 --> 16:30.700]  They're not supposed to omit anything.
[16:30.700 --> 16:37.640]  The court reporter's requirement, clearly by statute, is to record every single utterance.
[16:37.640 --> 16:41.760]  Okay, hang on, we are about to go to break.
[16:41.760 --> 16:45.160]  I do have the phone lines open.
[16:45.160 --> 16:52.800]  Our call-in number is 512-646-1984 and if you have a comment or a question, give us
[16:52.800 --> 17:00.640]  a call and we'll be right back.
[17:00.640 --> 17:06.000]  Through advances in technology, our lives have greatly improved except in the area of
[17:06.000 --> 17:07.000]  nutrition.
[17:07.000 --> 17:11.360]  People feed their pets better than they feed themselves and it's time we changed all that.
[17:11.360 --> 17:17.040]  Our primary defense against aging and disease in this toxic environment is good nutrition.
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[18:49.200 --> 18:59.400]  That's RuleOfLawRadio.com or email M-I-C-H-A-E-L-M-I-R-R-A-S at Yahoo.com to learn how to stop debt collectors
[18:59.400 --> 19:00.400]  now.
[19:00.400 --> 19:08.280]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[19:08.280 --> 19:31.360]  Look what we got here, we ask the Christian, I wonder what they're hiding, don't have the
[19:31.360 --> 19:42.320]  answer, don't think nobody, we ask the Christian, look what we got, they don't have the answer,
[19:42.320 --> 19:47.000]  I'm sloping, slipping, sliding, my tongue go to the shoes, I see it loud, how they want
[19:47.000 --> 19:54.040]  waiting, take it easy, they might talk way too politically and then get you mad and angry.
[19:54.040 --> 19:58.480]  We are back with Randy Kelton, Deborah Stevens, Rule of Law Radio, here with our special guest
[19:58.480 --> 20:04.360]  Ken Magnussen and we're talking about family law, go ahead Ken.
[20:04.360 --> 20:09.080]  Well we were talking about the court reporters, so the issue that's come up about court reporters
[20:09.080 --> 20:13.880]  though is the idea of whether or not, this is a theory and in Texas we've been doing
[20:13.880 --> 20:17.820]  some research on it and haven't found anything definitive, but there doesn't seem to be any
[20:17.820 --> 20:21.920]  statute that prohibits you bringing in your own court reporter.
[20:21.920 --> 20:28.040]  So we've got a couple of cases we've been following here in Tarrant County, Texas where
[20:28.040 --> 20:33.560]  apparently the judges are getting their court coordinator to run interference and send the
[20:33.560 --> 20:37.720]  private court reporters home instead of allowing them in the courtroom.
[20:37.720 --> 20:43.840]  So there was one case that I followed where the pro se litigants essentially filed a motion
[20:43.840 --> 20:50.960]  to, which hasn't been heard yet, in order to allow them to have for economic efficiency
[20:50.960 --> 20:55.920]  to have their own private court reporter in there to record the events because a private
[20:55.920 --> 21:00.480]  court reporter for most people in the state of Texas will only cost you somewhere between
[21:00.480 --> 21:05.240]  two and four hundred dollars for an entire day and you get the transcript.
[21:05.240 --> 21:10.780]  For a court reporter, the official court reporter, they get paid a salary by either the county
[21:10.780 --> 21:15.320]  or the state depending on what kind of court they're in and then they get to charge so
[21:15.320 --> 21:17.300]  many dollars per page.
[21:17.300 --> 21:23.280]  So a standard afternoon, four hours of testimony in a court proceeding may cost you six to
[21:23.280 --> 21:31.920]  eight hundred dollars, which seems ridiculous as compared with four hundred dollars to get
[21:31.920 --> 21:33.760]  the entire day.
[21:33.760 --> 21:37.680]  The other thing court reporters are required to do in Texas is they keep a list of what
[21:37.680 --> 21:42.000]  the motions are, I mean objections, that are followed in open court.
[21:42.000 --> 21:48.960]  If somebody files an objection, they're supposed to keep who made the objection, what the judge
[21:48.960 --> 21:52.600]  ruled on the objection and all of that and that's independent of the court record.
[21:52.600 --> 21:59.520]  So you could ask for that list of objections and rulings by the court and then there's
[21:59.520 --> 22:02.840]  another thing that they keep track of which is the exhibit.
[22:02.840 --> 22:07.440]  All of the exhibits that are submitted to a court are supposed to be presented to the
[22:07.440 --> 22:12.360]  court reporter for marking into the court record and that's when they mark them.
[22:12.360 --> 22:16.360]  We have cases where we've been following where there was no evidence admitted and yet the
[22:16.360 --> 22:24.480]  court judges made a ruling in the case based on what they saw but what was not admitted.
[22:24.480 --> 22:30.120]  Now this sounds like, I mean, this almost comes down to the idea of witchcraft.
[22:30.120 --> 22:35.000]  I mean it has nothing to do with law, it's just incantations.
[22:35.000 --> 22:40.080]  I actually heard an attorney out of Dallas one time explain that, that it's almost like
[22:40.080 --> 22:49.680]  ranting some sort of incantation before the court and whoever has the best incantation
[22:49.680 --> 22:55.760]  essentially wins the motion and to a stranger it may sound like witchcraft.
[22:55.760 --> 23:01.640]  But in any event, just for those that are listening, that's a metaphor, I'm not really
[23:01.640 --> 23:04.960]  meaning it's witchcraft.
[23:04.960 --> 23:07.200]  Sometimes you have to be pedantic about these things.
[23:07.200 --> 23:18.520]  Now wait a minute, it could be, the psychology as far as the court is concerned is voodoo
[23:18.520 --> 23:22.200]  science so maybe the courts are doing witchcraft.
[23:22.200 --> 23:27.040]  It's certainly not following the rule of law.
[23:27.040 --> 23:33.520]  Right well I just call that plain old vanilla corruption so in any event back to the courtroom
[23:33.520 --> 23:36.920]  so you need to make sure you have a court reporter every time and some of the things
[23:36.920 --> 23:42.120]  you need to watch is we're noticing in some courts and I've observed this too where there's
[23:42.120 --> 23:46.680]  kind of a secret sign language between the judge and the court reporter and all of a
[23:46.680 --> 23:51.240]  sudden the judge might give a signal and the people litigants in the courtroom that aren't
[23:51.240 --> 23:55.880]  privy to this, they have no idea, including if you're a pro se litigant you're in there
[23:55.880 --> 24:00.520]  and you don't see it being done, all of a sudden you're off the record.
[24:00.520 --> 24:05.280]  All of a sudden the court reporter's not taking down the record and nobody told you.
[24:05.280 --> 24:11.720]  So one of the things that I suggest that people should consider doing is to ask when are we
[24:11.720 --> 24:16.460]  on the record and when are we off the record, please your honor I'd like to be notified
[24:16.460 --> 24:22.200]  of when we're going off the record so I can enter an objection or I can concur and agree
[24:22.200 --> 24:26.200]  with going off the record.
[24:26.200 --> 24:30.120]  And this is going to create a problem for the judges because they can't necessarily
[24:30.120 --> 24:34.360]  control an independent court reporter as well if you bring an independent court reporter
[24:34.360 --> 24:35.360]  in.
[24:35.360 --> 24:40.320]  So we're trying that, we're testing that idea right now.
[24:40.320 --> 24:45.880]  But I think having a government code which gives you the statutory right to bring in
[24:45.880 --> 24:49.520]  your own court reporter is absolutely essential.
[24:49.520 --> 24:55.140]  The idea of an independent court reporter, I've seen it done by attorneys where they
[24:55.140 --> 24:58.760]  bring their own court reporter in for exactly the same reason I mentioned.
[24:58.760 --> 25:03.800]  Your court reporter that you pay a salary to can come in and take a transcript for the
[25:03.800 --> 25:07.800]  entire afternoon and only cost you a few hundred dollars whereas a transcript for the entire
[25:07.800 --> 25:12.280]  afternoon is going to cost you twelve hundred dollars with the official court reporter.
[25:12.280 --> 25:16.760]  So the issue and the issue is is both are registered in the state and licensed and have
[25:16.760 --> 25:23.920]  all of the appropriate you know official testing that they did so they're they're bona fide
[25:23.920 --> 25:28.840]  and the issue here is that you know why do we have official court reporters you know
[25:28.840 --> 25:29.840]  taking precedence?
[25:29.840 --> 25:30.840]  Well we don't know.
[25:30.840 --> 25:34.920]  We don't see any reason why other than the government code makes it required for the
[25:34.920 --> 25:37.040]  court to have an official court reporter.
[25:37.040 --> 25:41.800]  But the one story I'll tell you about was a case involving an attorney out of Dallas
[25:41.800 --> 25:45.500]  who had a case in a district court in Sherman, Texas.
[25:45.500 --> 25:51.400]  I was called in to be a court watcher that day and I and she knew that I was also writing
[25:51.400 --> 25:57.960]  a white paper for the state senate one of the committees on the issue of how the judicial
[25:57.960 --> 26:02.640]  conduct commission operated and how the issue of recusals operated.
[26:02.640 --> 26:09.440]  Well anyway this the the background of the case was the judge in Sherman, Texas was closely
[26:09.440 --> 26:14.760]  associated with a an attorney in town and that attorney in town had his office caddied
[26:14.760 --> 26:21.920]  corner to the courthouse in Sherman and essentially walked over and filed a motion to have money
[26:21.920 --> 26:29.160]  taken from the escrow account of the attorneys the attorney that I knew from her client's
[26:29.160 --> 26:34.640]  escrow account for the ex-wife to pay for a new truck for the son who just reached the
[26:34.640 --> 26:35.960]  age of 17.
[26:35.960 --> 26:42.280]  Well there's no provision in the family code anywhere where the court has discretion to
[26:42.280 --> 26:47.960]  give money to one party or the other in order to pay for the son's truck.
[26:47.960 --> 26:48.960]  No provision anywhere.
[26:48.960 --> 26:50.800]  This is clearly abuse of power.
[26:50.800 --> 26:54.880]  This isn't abuse of discretion let me let me let me be pedantic about that abuse of
[26:54.880 --> 27:00.760]  power is where you violated the statute where you have no discretion abuse of discretion
[27:00.760 --> 27:04.200]  is where the rules allow you to have some discretion.
[27:04.200 --> 27:09.000]  Most of what the judges that are doing corruption in the courts are abusing their power not
[27:09.000 --> 27:11.000]  their discretion.
[27:11.000 --> 27:15.360]  Well the attorney didn't even file a motion he just walked over there with an order and
[27:15.360 --> 27:20.080]  ex parte had a meeting with the judge the judge signed the order.
[27:20.080 --> 27:25.800]  Next thing he finds as she finds out the attorney that I knew she finds out that there's been
[27:25.800 --> 27:31.200]  a debit from the accountant contacts the court looks at the court docket sheet where this
[27:31.200 --> 27:35.600]  is this order has been entered and there's no motion so she files a motion to essentially
[27:35.600 --> 27:40.200]  vacate this order indicating there was no motion nor hearing scheduled for it nor any
[27:40.200 --> 27:44.400]  notice of the motion or the hearing or the order.
[27:44.400 --> 27:49.560]  So the judge essentially denies the motion without even having a hearing so she files
[27:49.560 --> 27:51.880]  a motion to recuse the judge.
[27:51.880 --> 27:57.360]  So the judge on his own decides no I'm not going to hear that and denies that so she
[27:57.360 --> 28:04.560]  files a motion to rehear and essentially indicates that there has to be a hearing on this issue
[28:04.560 --> 28:09.720]  based on the fact that this was an ex parte hearing and it rises to the level of misconduct.
[28:09.720 --> 28:13.960]  Well that got the judge's attention enough for him to at least schedule a hearing.
[28:13.960 --> 28:24.000]  So my being there was to create a little bit of intrigue for the judge as to what was going
[28:24.000 --> 28:25.120]  on.
[28:25.120 --> 28:33.080]  So we walked in separate like I didn't even know her and had a briefcase and a notepad
[28:33.080 --> 28:36.400]  and of course the bailiff immediately comes up and says you have business with the court
[28:36.400 --> 28:38.400]  and I said I'm just observing.
[28:38.400 --> 28:42.840]  Well he says who are you and I said well frankly does that really matter it's a public court
[28:42.840 --> 28:48.760]  room and he says well why are you here and I said if you must know I'm writing a white
[28:48.760 --> 28:55.200]  paper for the state legislature can I have your name now for interfering with that process?
[28:55.200 --> 29:00.160]  Zoom right back to the judge's chamber goes the bailiff.
[29:00.160 --> 29:06.480]  So a few seconds later the judge peeks his head around the corner and looks out and I
[29:06.480 --> 29:12.320]  don't even look up he catches I catch him out of the peripheral vision and the attorney
[29:12.320 --> 29:17.400]  I knew brought her own court reporter with her and they start setting up and the judge
[29:17.400 --> 29:22.280]  comes out and announces the case and says you know well counsel who's this?
[29:22.280 --> 29:25.020]  She says that's my court reporter.
[29:25.020 --> 29:26.760]  Well counsel we have our court reporter.
[29:26.760 --> 29:29.240]  No you have your court reporter I have my court reporter.
[29:29.240 --> 29:33.680]  We all have our own court reporter and at that point in time the judge turned around
[29:33.680 --> 29:39.920]  and looked at me looks back at the court reporter and decides maybe we ought to have a hearing
[29:39.920 --> 29:45.560]  and I ought to notify the administrative judge and essentially adjourns the hearing.
[29:45.560 --> 29:54.400]  Okay hang on Randy Kelton, Deborah Stevens, Rule of Law Radio, I called in number 512-646-1984
[29:54.400 --> 29:56.840]  we'll be right back.
[29:56.840 --> 30:05.200]  A lot of people are down on their luck these days going hungry and homeless but groups
[30:05.200 --> 30:10.760]  that try to feed them face a surprising enemy their own governments apparently no good deed
[30:10.760 --> 30:11.760]  goes unpunished.
[30:11.760 --> 30:15.560]  I'm Dr. Catherine Albrecht and I'll be back with details.
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[30:46.000 --> 30:51.680]  Warm-hearted heroes or cold-blooded criminals three members of a group called Food Not Bombs
[30:51.680 --> 30:56.640]  including 24 year old Jessica Cross brought healthy meals to an Orlando park to feed the
[30:56.640 --> 30:57.640]  homeless.
[30:57.640 --> 31:03.020]  Despite a city ordinance that allows feeding just 25 people Cross's group fed all 40 hungry
[31:03.020 --> 31:04.600]  souls who arrived.
[31:04.600 --> 31:09.360]  The police used their excellent counting skills to detect the crime and nabbed the hardened
[31:09.360 --> 31:10.360]  lawbreakers.
[31:10.360 --> 31:12.600]  Of course there's a historical precedent.
[31:12.600 --> 31:17.440]  Jesus served thousands with loaves and fishes and he wasn't popular with the local authorities
[31:17.440 --> 31:18.440]  either.
[31:18.440 --> 31:23.280]  He was crucified for his kindness while Jessica Cross and her friends face up to 60 days in
[31:23.280 --> 31:24.280]  jail.
[31:24.280 --> 31:25.840]  I'm Dr. Catherine Albrecht.
[31:25.840 --> 31:31.760]  More news and information at CatherineAlbrecht.com What are you thinking?
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[31:54.800 --> 32:03.760]  Call 888-910-4367 only at hempusa.org Rule of Law Radio is proud to offer the Rule
[32:03.760 --> 32:04.760]  of Law traffic seminar.
[32:04.760 --> 32:08.440]  In today's America we live in an us against them society and if we the people are ever
[32:08.440 --> 32:12.640]  going to have a free society then we're going to have to stand and defend our own rights.
[32:12.640 --> 32:15.840]  Among those rights are the right to travel freely from place to place, the right to act
[32:15.840 --> 32:19.880]  in our own private capacity and most importantly the right to due process of law.
[32:19.880 --> 32:23.720]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:23.720 --> 32:25.120]  our rights through due process.
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[32:29.080 --> 32:32.860]  most comprehensive teaching tool available that will help you understand what due process
[32:32.860 --> 32:35.240]  is and how to hold the courts to the rule of law.
[32:35.240 --> 32:39.280]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[32:39.280 --> 32:40.280]  ordering your copy today.
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[32:43.680 --> 32:48.320]  the Law versus the Lie, video and audio of the original 2009 seminar, hundreds of research
[32:48.320 --> 32:50.640]  documents and other useful resource material.
[32:50.640 --> 32:53.560]  Learn how to fight for your rights with the help of this material from Rule of Law Radio
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[32:54.560 --> 33:02.520]  Order your copy today and together we can have a free society we all want and deserve.
[33:02.520 --> 33:05.520]  Live free speech radio, logosradionetwork.com.
[33:05.520 --> 33:30.480]  Yeah, Mr. Officer you're taking the law in the hand, won't you follow the law of the
[33:30.480 --> 33:39.120]  law, Mr. Officer, when you're gonna stop abuse, you're high, high, high, high, high,
[33:39.120 --> 33:40.120]  high.
[33:40.120 --> 33:41.120]  Okay, we are back.
[33:41.120 --> 33:48.800]  Randy Kelton, Deborah Stevens here with our special guest Ken Magnussen and we were talking
[33:48.800 --> 33:52.680]  about you finished your story.
[33:52.680 --> 33:58.120]  Well, you know, I finished the story about what happened on that one day.
[33:58.120 --> 34:04.120]  As it turns out, there was an actual recusal hearing that they had and I saw a couple days
[34:04.120 --> 34:08.560]  of testimony and they pretty much proved their case but the administrative judge that had
[34:08.560 --> 34:12.200]  been called in essentially didn't find enough to recuse him.
[34:12.200 --> 34:18.840]  Now, the standard of review for recusal is about the appearance of bias.
[34:18.840 --> 34:23.540]  You don't have to prove the bias, you just have to prove the appearance of bias and essentially
[34:23.540 --> 34:26.480]  that's not what's being heard in the courts.
[34:26.480 --> 34:31.720]  And essentially the appellate courts are turning a blind eye to selective cases in which they
[34:31.720 --> 34:33.880]  don't really care.
[34:33.880 --> 34:38.320]  There's a case out of Collin County that I've been following for a couple of years, a friend
[34:38.320 --> 34:44.480]  of a friend was telling me about and essentially there's been criminal charges filed so the
[34:44.480 --> 34:50.840]  district attorney is involved in covering up crimes by one of his former assistant district
[34:50.840 --> 34:57.680]  attorneys, Ben Smith, who is now a district judge and from another judge that I know in
[34:57.680 --> 35:01.600]  that county has been voted the worst judge in the county.
[35:01.600 --> 35:06.920]  So the issue is he doesn't seem to care to follow the law.
[35:06.920 --> 35:12.500]  He thinks this is a fascist state in which he is one of the czars.
[35:12.500 --> 35:18.320]  But the issue of all of this is still if they're going to go to that extent, the only way you're
[35:18.320 --> 35:22.260]  going to ever win is you've got to fight it and you've got to make sure you preserve the
[35:22.260 --> 35:27.640]  error for appeal and you've got to not, you know, if you go into court and they get you
[35:27.640 --> 35:34.320]  to make the deal, you sign the deal instead of getting a judicial decision in an open
[35:34.320 --> 35:39.160]  trial in open court on the record, you waive all your rights.
[35:39.160 --> 35:44.920]  So the one thing that I do advise that I would never ever do is ever take a mediated settlement
[35:44.920 --> 35:45.920]  agreement.
[35:45.920 --> 35:50.880]  The issue is you can still go to the mediation, you can still discuss what you want to do
[35:50.880 --> 35:57.340]  and see if you're close to a meeting and an agreement, but never sign it on that day because
[35:57.340 --> 36:05.280]  almost nobody can sign a contract that has all of the details necessary to make it comprehensive
[36:05.280 --> 36:10.720]  for a divorce decree and visitation in one day.
[36:10.720 --> 36:16.360]  But the attorneys, if any attorney ever tries to rush you to do something, it's never in
[36:16.360 --> 36:17.360]  your best interest.
[36:17.360 --> 36:20.800]  I have never seen a case where an attorney says, no, no, this is really in your best
[36:20.800 --> 36:23.280]  interest, where it turns out it's in your best interest.
[36:23.280 --> 36:24.720]  I haven't found one yet.
[36:24.720 --> 36:31.080]  I've been watching the system for 30 years now and I've never seen a case where rushing
[36:31.080 --> 36:36.680]  to judgment or rushing to agreement gets you a better deal than sitting down and negotiating
[36:36.680 --> 36:41.200]  it in a calm, collective, meticulous manner.
[36:41.200 --> 36:42.600]  And you should always sleep on it.
[36:42.600 --> 36:47.640]  You put together the agreement, the divorce decree and visitation, and you think of all
[36:47.640 --> 36:51.960]  the ways it can go wrong and you don't want the contract to blow up so you all have to
[36:51.960 --> 36:53.600]  end up back in court.
[36:53.600 --> 37:00.240]  You want the contract to go into some sort of enforcement and penalty process where there
[37:00.240 --> 37:08.160]  are specific requirements that were agreed upon that have to be paid to the prevailing
[37:08.160 --> 37:14.080]  party based on overt actions taken by the other party in violation of the agreement.
[37:14.080 --> 37:17.560]  If there's enough of these, they don't have to be draconian, they just have to be, every
[37:17.560 --> 37:23.600]  time the child is brought back to the party late, that's a late notice.
[37:23.600 --> 37:29.400]  The other party gets a late notice and essentially you could have something like three of those
[37:29.400 --> 37:35.240]  before it counts and then there's a penalty and the penalty might be $150 or $50, whatever
[37:35.240 --> 37:36.720]  the party thinks is reasonable.
[37:36.720 --> 37:44.520]  It's not draconian, it's not so expensive as to make everybody go bankrupt or whatever
[37:44.520 --> 37:45.520]  overnight.
[37:45.520 --> 37:50.240]  But the idea is to put all these little penalties in there so every time something happens with
[37:50.240 --> 37:53.640]  regards to visitation, also equity in visitation.
[37:53.640 --> 38:02.400]  I saw a draft divorce decree with visitation from an attorney out of Houston and basically
[38:02.400 --> 38:09.400]  he talked about if visitation is not done one time because the child isn't brought to
[38:09.400 --> 38:14.360]  the visitation site or exchange between the parents, that visitation just doesn't go away
[38:14.360 --> 38:18.480]  like it was lost, it goes into the column as you owe one.
[38:18.480 --> 38:23.600]  If you don't make it up in a period of reasonable period of time, like in two weeks or a month,
[38:23.600 --> 38:29.440]  it then becomes time and a half visitation, the idea being a penalty now of extra time
[38:29.440 --> 38:35.920]  with the child based on the fact that the one party didn't provide notice or a special
[38:35.920 --> 38:38.460]  exception for visitation.
[38:38.460 --> 38:43.680]  So the idea here is that there ought to be some sort, and I'm not saying that the parties
[38:43.680 --> 38:48.400]  can't agree to say, oh, okay, you're going on a special trip, so we'll go ahead and I'll
[38:48.400 --> 38:53.260]  waive my rights for visitation this week, but I'll get them back on another week when
[38:53.260 --> 38:57.680]  you're supposed to have the child, I'll get the child, but we're going to switch days
[38:57.680 --> 39:02.280]  now in order for you to go bring the child to visit with their grandparents or something
[39:02.280 --> 39:03.440]  like that.
[39:03.440 --> 39:08.380]  There's no reason that that can't be included into a divorce settlement or agreement and
[39:08.380 --> 39:13.120]  allow that to occur, but the only way that that's going to occur and parties are going
[39:13.120 --> 39:20.640]  to be reasonable about discussing these possibilities is if and only if there are significant consequences
[39:20.640 --> 39:22.440]  if you don't, if you're not cooperative.
[39:22.440 --> 39:28.160]  If you're not cooperative and the one party goes to the court in the contract, the judge
[39:28.160 --> 39:33.840]  shall award attorney's fees and court costs and penalties to the party that prevails based
[39:33.840 --> 39:38.000]  on the failure of the other party to meet the requirements for the contract.
[39:38.000 --> 39:43.680]  You just got to make sure that the contract is absolutely bulletproof from the standpoint
[39:43.680 --> 39:49.100]  of it's almost like computer programming where you look at every possible situation that
[39:49.100 --> 39:52.760]  could occur and if it occurs, there's got to be something in the contract that addresses
[39:52.760 --> 39:54.880]  that situation.
[39:54.880 --> 40:02.680]  It sounds more ethereal discussing it like this in generalities, but the idea of notifying
[40:02.680 --> 40:11.320]  the parent about medical treatment or notifying the parent about a dental appointment or notifying
[40:11.320 --> 40:14.720]  the other parent about a potential school outing or whatever.
[40:14.720 --> 40:18.400]  The idea is the notice needs to be the process.
[40:18.400 --> 40:26.080]  You don't do the notice in time and I've seen the allowances of saying, look, you get three
[40:26.080 --> 40:32.240]  oopses where you ran into problems and you had an emergency and those don't count and
[40:32.240 --> 40:36.920]  you get to use that chip and you get three emergencies a year where you don't have to
[40:36.920 --> 40:41.640]  call the other party, but after the three emergencies are up, if you don't call the
[40:41.640 --> 40:44.940]  other party, bingo, now the penalty clause goes into effect.
[40:44.940 --> 40:48.920]  So you didn't call me and tell me you were going to be late bringing the child or that
[40:48.920 --> 40:50.800]  you weren't going to bring the child at all.
[40:50.800 --> 40:55.520]  Not only now do you have to make up the time, but because you didn't call me to tell me
[40:55.520 --> 41:00.040]  in advance, you now have to make up the time with time and a half.
[41:00.040 --> 41:04.820]  I get to visit and just because I'm saying time and a half, there's no statutory requirement.
[41:04.820 --> 41:05.820]  This is all negotiable.
[41:05.820 --> 41:08.160]  You could make it double time.
[41:08.160 --> 41:13.960]  Whatever works, but the biggest issue is any of these things that are written in the contract,
[41:13.960 --> 41:19.120]  a divorce decree, an agreement would be what's good for the goose is good for the gander,
[41:19.120 --> 41:22.600]  which means if you can't meet your obligations and you're late all the time and you have
[41:22.600 --> 41:31.920]  a proclivity not to follow the rules per the letter of the contract, then you might think
[41:31.920 --> 41:37.880]  twice about making that provision of the contract absolute because it's going to come down on
[41:37.880 --> 41:38.960]  you then.
[41:38.960 --> 41:40.120]  So it's got to be equal.
[41:40.120 --> 41:43.120]  It's got to be fair, and that's one of the reasons why the judges really can't interfere
[41:43.120 --> 41:50.860]  with it because long as both parties agree to it and it's not unilateral, the judge really
[41:50.860 --> 41:51.860]  can't do anything about it.
[41:51.860 --> 41:56.520]  It's a contract between two individuals and you have the constitutional right to do that
[41:56.520 --> 42:01.200]  and the courts can't interfere with that.
[42:01.200 --> 42:07.280]  What we were talking about, what I was talking about in the lead in is this is what the lawyers
[42:07.280 --> 42:16.800]  will allow to happen once they've extracted all of your estate that they can, so two reasonable
[42:16.800 --> 42:24.880]  people going into a divorce situation should always be ready to come to a mediated settlement
[42:24.880 --> 42:30.560]  rather than take all their money and put them both in debt to lawyers who have no other
[42:30.560 --> 42:34.080]  purpose than to turn the case.
[42:34.080 --> 42:37.280]  So, reasonable people will do that.
[42:37.280 --> 42:43.160]  The problem is the cases that only seem to be in the courts that cause all of the problems
[42:43.160 --> 42:51.220]  are the 10 to 20 percent that are essentially those high conflict personality disorder individuals
[42:51.220 --> 42:53.400]  who are in one side of the marriage or the other.
[42:53.400 --> 42:59.600]  Now, we're not even talking about this necessarily rising to the level of spousal abuse or anything,
[42:59.600 --> 43:02.520]  but it can.
[43:02.520 --> 43:07.160]  The issue here is that they'll file false charges and everything and it's almost impossible
[43:07.160 --> 43:11.120]  to negotiate with a maniac.
[43:11.120 --> 43:16.120]  Basically if the other party is not reasonable and they're already making lies and innuendos
[43:16.120 --> 43:20.040]  and pointing the finger, this is what the attorneys like and the attorneys get together
[43:20.040 --> 43:28.560]  and actually they'll pour gasoline on that fire to create more conflict in order to just
[43:28.560 --> 43:31.040]  run up the bills.
[43:31.040 --> 43:33.680]  That's exactly what I was saying earlier.
[43:33.680 --> 43:34.680]  Right.
[43:34.680 --> 43:35.680]  Okay.
[43:35.680 --> 43:36.680]  We are about to go to break.
[43:36.680 --> 43:38.920]  Jeff, I see you there.
[43:38.920 --> 43:41.080]  We will get to you very shortly.
[43:41.080 --> 43:42.080]  So hang on.
[43:42.080 --> 43:51.280]  This is Randy Kelton, Steve Skidmore, and Deborah Stevens, Ruth of Law Radio.
[43:51.280 --> 43:52.280]  We'll be right back.
[43:52.280 --> 44:02.040]  My tag was getting tackled.
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[44:48.480 --> 45:04.480]  Are you the plaintiff or defendant in a lawsuit?
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[46:14.920 --> 46:44.440]  Okay, we are back.
[46:44.440 --> 46:50.000]  Randy Kelton and Deborah Stevens, Rule of Law Radio with our special guest, Kid Magnussen.
[46:50.000 --> 46:53.400]  We're going to go to Jeff in Mississippi.
[46:53.400 --> 46:56.720]  Jeff, what happened with your trial?
[46:56.720 --> 47:03.660]  All right, well, thanks guys for having me on and what happened is real swift and easy,
[47:03.660 --> 47:08.340]  so I shouldn't be on the air for more than just a couple of minutes.
[47:08.340 --> 47:10.200]  It got postponed.
[47:10.200 --> 47:15.080]  Oh, I can't believe they postponed it.
[47:15.080 --> 47:19.920]  Did they have your motion hearings?
[47:19.920 --> 47:23.160]  Absolutely not.
[47:23.160 --> 47:25.320]  Why did they postpone it?
[47:25.320 --> 47:31.000]  Well, on the continuance, they claimed that they're having a murder trial, so that that's
[47:31.000 --> 47:32.560]  more important.
[47:32.560 --> 47:34.120]  Bill them for your time.
[47:34.120 --> 47:36.600]  Oh, I could, yeah.
[47:36.600 --> 47:39.760]  Bill them for your time.
[47:39.760 --> 47:46.280]  They didn't schedule that murder trial the day before they forced you to come down there
[47:46.280 --> 47:48.880]  and sit in Mississippi for a week.
[47:48.880 --> 47:52.340]  No, the murder happened four years ago.
[47:52.340 --> 47:55.000]  So bill them for your time.
[47:55.000 --> 47:56.480]  Okay.
[47:56.480 --> 48:00.360]  They deliberately brought you down there knowing they weren't going to have a trial.
[48:00.360 --> 48:04.080]  Well, and then they arrested me, if you remember last week.
[48:04.080 --> 48:05.080]  Yes.
[48:05.080 --> 48:09.440]  They arrested me for me in jail and they extended my bond without a bond hearing and you said
[48:09.440 --> 48:13.360]  that they have to have a bond hearing.
[48:13.360 --> 48:14.360]  Explain that to Ken.
[48:14.360 --> 48:15.360]  Okay.
[48:15.360 --> 48:16.360]  Hi, Ken.
[48:16.360 --> 48:19.840]  My name is Jeff from Mississippi.
[48:19.840 --> 48:22.880]  I think we've talked to you before.
[48:22.880 --> 48:29.120]  The courts here in Mississippi, since the population is so small and the towns are so
[48:29.120 --> 48:33.280]  small, they don't have an ongoing court term.
[48:33.280 --> 48:36.120]  So what they do is they're like a traveling circus.
[48:36.120 --> 48:42.520]  They'll come through a district and they'll open up for two weeks and have their courts
[48:42.520 --> 48:47.320]  and then they'll pack up their tents and leave and go off to another county.
[48:47.320 --> 48:51.860]  And so what they're doing to me and what they're doing to everybody, they've got this strategy
[48:51.860 --> 48:57.180]  that they will force you to come down to the courthouse and sit there for two weeks.
[48:57.180 --> 48:59.520]  So you have to miss work.
[48:59.520 --> 49:04.640]  And then if you're fighting your case, they'll just simply continue it.
[49:04.640 --> 49:08.440]  And then they'll force you to come back again and again and again.
[49:08.440 --> 49:14.200]  And if you don't put a stop to it, you'll be doing it for 20 or 30 years.
[49:14.200 --> 49:18.120]  And so they beat you into submission by forcing you.
[49:18.120 --> 49:20.720]  And that's what happened this time.
[49:20.720 --> 49:25.540]  My attorney wrote me an email saying that I had to be here on the 20th.
[49:25.540 --> 49:32.240]  There's no court order that's summoned me to court or to the courthouse, just her private
[49:32.240 --> 49:35.120]  email, and she threatened me with arrest.
[49:35.120 --> 49:39.040]  And so when I got there on the 20th, she had me arrested.
[49:39.040 --> 49:46.040]  And sure enough, I went to jail and had to re-extend my bond, where they called the bail
[49:46.040 --> 49:49.680]  bondsman to re-extend it.
[49:49.680 --> 49:50.680]  And so that's what we did.
[49:50.680 --> 49:52.320]  And that's where we're at now.
[49:52.320 --> 49:59.560]  I got out and then I had a motions hearing set for the next Monday, the Monday that just
[49:59.560 --> 50:00.560]  passed.
[50:00.560 --> 50:06.400]  And lo and behold, they came in and continued that.
[50:06.400 --> 50:07.680]  And that's where we're at.
[50:07.680 --> 50:14.040]  Now I've got a couple of questions.
[50:14.040 --> 50:16.880]  Go ahead.
[50:16.880 --> 50:19.280]  Okay.
[50:19.280 --> 50:25.760]  When I set my motions hearing, I did not have an attorney at the time because it took the
[50:25.760 --> 50:30.460]  courts two months to get me an attorney.
[50:30.460 --> 50:34.320]  So for two months, I figured, well, I knew what they were going to do.
[50:34.320 --> 50:37.400]  They were going to get me an attorney at the last minute and then play stupid and then
[50:37.400 --> 50:41.460]  continue it because that's, you know, obviously that's what we're doing.
[50:41.460 --> 50:47.680]  So I filed my own motion and I filed all those motions that you told me to file.
[50:47.680 --> 50:53.440]  Well, then my attorney comes in and claims that she is not going to adjudicate those
[50:53.440 --> 51:02.840]  motions, that I will have to argue those myself and she will set a pro se hearing motion hearing.
[51:02.840 --> 51:03.920]  And so she did.
[51:03.920 --> 51:10.720]  I have an order that says order setting pro se motion for hearing.
[51:10.720 --> 51:13.440]  That is what got continued.
[51:13.440 --> 51:21.080]  It's my pro se motion, however, I wasn't at any kind of hearing to argue that.
[51:21.080 --> 51:27.040]  I was sitting in a courtroom when the clerk came in and handed me this continuance.
[51:27.040 --> 51:31.480]  So my question is, is, is I've got a pro se motion hearing.
[51:31.480 --> 51:37.600]  Why is my attorney getting a continuance for me when she's not even supposed to be there?
[51:37.600 --> 51:38.600]  Okay.
[51:38.600 --> 51:45.800]  First, this, and first question I have is, was there a motion for continuance filed and
[51:45.800 --> 51:47.520]  who filed it?
[51:47.520 --> 51:52.760]  No, there is no motion for continuance filed.
[51:52.760 --> 51:55.640]  You need to look at all the rules in Mississippi and Texas.
[51:55.640 --> 51:58.240]  You can't have a continuance unless there's good cause.
[51:58.240 --> 52:04.160]  The court can do one if they've got good cause, but they have to put it on the record.
[52:04.160 --> 52:13.200]  If they've done this multiple times, Randy, I'm thinking basically a writ of habeas corpus.
[52:13.200 --> 52:14.520]  It's time to stop this.
[52:14.520 --> 52:20.120]  They're doing this as a deliberate abusive process in order to punish him for bringing
[52:20.120 --> 52:21.880]  motions before the court.
[52:21.880 --> 52:27.480]  They're denying him his due process deliberately and that this is part of their pattern of
[52:27.480 --> 52:39.640]  conduct and that these motions, these continuances are being done ex parte by the prosecutor.
[52:39.640 --> 52:42.920]  And that's what I think is happening, but they're just not filing them.
[52:42.920 --> 52:46.720]  They come in and walk in and talk to the judge and said, well, we really ought to just push
[52:46.720 --> 52:48.000]  this off the next time.
[52:48.000 --> 52:53.400]  And everybody knows wink, wink, nod, nod what the deal is and why they're doing it.
[52:53.400 --> 53:00.260]  But why there isn't any actual document in the court record is a problem because I don't
[53:00.260 --> 53:03.720]  think they can grant a continuance, an actual continuous.
[53:03.720 --> 53:06.600]  The court can say, we have an emergency, we have to reschedule this.
[53:06.600 --> 53:11.660]  The question is, when did the court know they had an emergency and for what purpose did
[53:11.660 --> 53:13.600]  they have that emergency?
[53:13.600 --> 53:21.760]  And did they have reasonable opportunity to notice the parties prior to having them appear?
[53:21.760 --> 53:25.280]  And the issue is, if the answer is, yeah.
[53:25.280 --> 53:30.040]  You were sitting in the courthouse all week, right?
[53:30.040 --> 53:34.880]  Yes, I was allowed to go home for a couple of days.
[53:34.880 --> 53:35.960]  Okay.
[53:35.960 --> 53:39.800]  Did you notice that a hearing was taking place?
[53:39.800 --> 53:46.520]  Well, that's funny you ask because the date that my continuance is signed is the date
[53:46.520 --> 53:50.160]  that they let me have the day off from the courthouse.
[53:50.160 --> 53:57.680]  Well, I mean, while you were at the courthouse, were they holding a murder trial?
[53:57.680 --> 53:59.080]  Oh, yeah.
[53:59.080 --> 54:00.080]  Yeah.
[54:00.080 --> 54:05.640]  In fact, it was my judge that was in there presiding and then my DA was in the other
[54:05.640 --> 54:09.320]  courtroom holding plea negotiations.
[54:09.320 --> 54:10.320]  Yeah.
[54:10.320 --> 54:17.640]  Then you need to look at that murder trial case and-
[54:17.640 --> 54:19.280]  See when it was scheduled.
[54:19.280 --> 54:20.280]  Yeah.
[54:20.280 --> 54:27.680]  And how long the lawyers notified the court it would take to present their case.
[54:27.680 --> 54:29.720]  Okay.
[54:29.720 --> 54:38.960]  If it's in there and the court had been notified that this would take long enough
[54:38.960 --> 54:45.040]  that they wouldn't be able to get to your case, this is abuse of process.
[54:45.040 --> 54:49.720]  It is anyway.
[54:49.720 --> 54:53.480]  To have you come and sit in the courthouse, were you the only person there?
[54:53.480 --> 54:56.560]  No, the courthouse was full.
[54:56.560 --> 54:59.320]  I mean of people sitting waiting for their hearings.
[54:59.320 --> 55:00.520]  Oh, no.
[55:00.520 --> 55:03.320]  Hundreds of us.
[55:03.320 --> 55:05.320]  Get their names.
[55:05.320 --> 55:07.160]  Okay.
[55:07.160 --> 55:13.040]  So they had hundreds of you all sitting there waiting for a hearing.
[55:13.040 --> 55:16.600]  How many judges are there?
[55:16.600 --> 55:19.960]  Three.
[55:19.960 --> 55:28.360]  You need to get all of those names and this would go to a great RICO and absolutely a
[55:28.360 --> 55:29.360]  habeas.
[55:29.360 --> 55:31.720]  Go ahead, Kim.
[55:31.720 --> 55:40.680]  Back to my pro se, I have an order for a pro se hearing, so if they're going to continue
[55:40.680 --> 55:48.160]  my pro se motion hearing, don't they have to talk to me?
[55:48.160 --> 55:54.160]  I would think so, but if I were you, I would object to a pro se hearing.
[55:54.160 --> 55:56.160]  Okay.
[55:56.160 --> 56:02.360]  That lawyer is your lawyer and she has a duty to adjudicate these issues.
[56:02.360 --> 56:03.360]  Okay.
[56:03.360 --> 56:08.960]  Which raises, this is Ken again, which raises the other issue, which is why did she have
[56:08.960 --> 56:13.400]  you arrested?
[56:13.400 --> 56:18.960]  She didn't tell me at first, but after I was released, it was to re-extend my bond.
[56:18.960 --> 56:22.080]  She can do that in a motion.
[56:22.080 --> 56:26.060]  Why was an arrest necessary?
[56:26.060 --> 56:27.360]  About that?
[56:27.360 --> 56:31.160]  Why was an arrest necessary?
[56:31.160 --> 56:32.160]  That I have no idea.
[56:32.160 --> 56:37.280]  That's, I called in and asked that last time because you explained that I needed to go
[56:37.280 --> 56:40.800]  to a bond hearing and I never did.
[56:40.800 --> 56:47.400]  The police just took me off to jail from the lobby of the courthouse and I sat there and
[56:47.400 --> 56:53.340]  had to call a bail bondsman.
[56:53.340 --> 56:56.240]  Did you check to see if there was a warrant for your arrest?
[56:56.240 --> 57:00.880]  Yes, I did check for, if there's a warrant for my arrest, there is no warrant for my
[57:00.880 --> 57:02.280]  arrest.
[57:02.280 --> 57:08.840]  Oh, so the bailiff arrested you without a warrant?
[57:08.840 --> 57:10.520]  Exactly.
[57:10.520 --> 57:11.880]  Wonderful.
[57:11.880 --> 57:13.340]  Okay.
[57:13.340 --> 57:19.320]  That should get, you should do a false imprisonment suit for that one.
[57:19.320 --> 57:20.760]  Okay.
[57:20.760 --> 57:21.760]  Against the bailiff.
[57:21.760 --> 57:22.760]  All right.
[57:22.760 --> 57:33.040]  Send the county commissioners a tort letter notifying them of the false arrest and of
[57:33.040 --> 57:38.400]  your intent to sue, notifying them of how, that you were harmed and the amount to which
[57:38.400 --> 57:47.800]  you were harmed, that you were arrested without a warrant for a, in order to reinstate bail
[57:47.800 --> 57:53.680]  for something for which you shouldn't, there was no reason to arrest you in the first place.
[57:53.680 --> 57:54.680]  Okay.
[57:54.680 --> 57:55.680]  Got it.
[57:55.680 --> 57:56.680]  That'll get your attention.
[57:56.680 --> 57:59.880]  I've got one more question.
[57:59.880 --> 58:00.880]  Okay.
[58:00.880 --> 58:01.880]  Hold on.
[58:01.880 --> 58:03.760]  Let's pick this up on the other side.
[58:03.760 --> 58:10.480]  This is Randy Kelton, Denver Stevens here with Ken Magnussen, blue of our radio.
[58:10.480 --> 58:15.720]  I called in number 512-646-1984.
[58:15.720 --> 58:19.560]  We'll keep the phone lines open all night, so if you have a question or a comment, give
[58:19.560 --> 58:20.560]  us a call.
[58:20.560 --> 58:25.520]  We're going to our top of the hour break, so we'll be gone for about three minutes,
[58:25.520 --> 58:27.800]  but when we come back, we'll finish up with Jeff.
[58:27.800 --> 58:33.680]  And then if we don't have any more callers, we're going to talk about a certain district
[58:33.680 --> 58:36.600]  judge in Tarrant County getting clobbered.
[58:36.600 --> 58:37.600]  Okay.
[58:37.600 --> 58:50.200]  We'll be right back.
[58:50.200 --> 58:55.640]  The Bible remains the most popular book in the world, yet countless readers are frustrated
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[59:49.360 --> 01:00:03.280]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:03.280 --> 01:00:07.760]  This is the Liberty Beat, your daily source for Liberty News and activist updates, online
[01:00:07.760 --> 01:00:08.760]  at thelibertybeat.com.
[01:00:08.760 --> 01:00:14.240]  I'm Brian Hagin with your Liberty Beat for Thursday, October 30th, 2014.
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[01:00:36.200 --> 01:00:39.520]  Today's edition of the Liberty Beat, brought to you by Texans for Accountable Governments,
[01:00:39.520 --> 01:00:44.260]  Operation GOTV, a campaign to help you find your city council district, find out where
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[01:00:53.880 --> 01:00:58.320]  In the news, not guilty, that's the verdict handed down on the fourth and final day in
[01:00:58.320 --> 01:01:02.880]  the Austin, Texas trial of Antonio Beeler, charged with misdemeanor failure to obey the
[01:01:02.880 --> 01:01:04.000]  order of an officer.
[01:01:04.000 --> 01:01:05.000]  I'm very fortunate.
[01:01:05.000 --> 01:01:09.760]  I think that there's so many innocent people who've been convicted for crimes they didn't
[01:01:09.760 --> 01:01:10.760]  commit.
[01:01:10.760 --> 01:01:11.760]  They didn't have the community that I have.
[01:01:11.760 --> 01:01:12.760]  I just feel very fortunate.
[01:01:12.760 --> 01:01:16.640]  I'm just so grateful that all the witnesses stepped forward, a lot of witnesses who had
[01:01:16.640 --> 01:01:18.280]  no idea who I was that night.
[01:01:18.280 --> 01:01:22.400]  Just so grateful that an officer crossed a thin blue line to speak the truth, and I'm
[01:01:22.400 --> 01:01:27.160]  grateful that the jury members had the courage to stand up for the truth as opposed to being
[01:01:27.160 --> 01:01:28.480]  bullied by the prosecutor.
[01:01:28.480 --> 01:01:32.320]  The Austin police officer who crossed the thin blue line to provide testimony on behalf
[01:01:32.320 --> 01:01:37.320]  of Beeler is Jermaine Hopkins, and his willingness to do what he calls the right thing has cost
[01:01:37.320 --> 01:01:38.320]  him his job.
[01:01:38.320 --> 01:01:41.920]  I believe APD is an agency that cannot police itself.
[01:01:41.920 --> 01:01:43.880]  Unfortunately it's at the higher levels.
[01:01:43.880 --> 01:01:47.720]  Beeler was arrested in the early morning hours of New Year's Day 2012 when he came to the
[01:01:47.720 --> 01:01:52.320]  defense of a woman being detained by Austin police officers Patrick Oborski and Robert
[01:01:52.320 --> 01:01:53.320]  Snyder.
[01:01:53.320 --> 01:01:58.600]  This act is what led to his arrest, and ultimately to the trial, which involved 25 hours of proceedings
[01:01:58.600 --> 01:02:03.640]  and six hours of deliberations for the five-person jury to reach its not guilty verdict.
[01:02:03.640 --> 01:02:05.720]  Beeler was represented by attorney Millie Thompson.
[01:02:05.720 --> 01:02:10.160]  If we flood the courthouse with cases like this, they will stop doing it.
[01:02:10.160 --> 01:02:12.200]  I was very blessed to be on the right side.
[01:02:12.200 --> 01:02:17.720]  The trial was one of twists and turns, including the loss of the sixth juror who stepped down,
[01:02:17.720 --> 01:02:21.360]  informing the judge he would not be able to reach a verdict, as he feared there was a
[01:02:21.360 --> 01:02:25.360]  group who would retaliate with physical violence if he did so.
[01:02:25.360 --> 01:02:28.520]  The group has not been publicly identified.
[01:02:28.520 --> 01:02:32.320]  Support for the Liberty Beat comes from Marjory Wildcraft's Grow Your Own Groceries, homegrown
[01:02:32.320 --> 01:02:33.680]  food on every table.
[01:02:33.680 --> 01:02:35.840]  That's growyourowngroceries.org.
[01:02:35.840 --> 01:02:39.400]  Support also comes from the Kent Phillips-Roston City Council District Re-Campaign.
[01:02:39.400 --> 01:02:43.880]  Kent Phillips, a principled candidate with a commitment to honest, open, and transparent
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[01:02:44.880 --> 01:02:49.440]  Learn more at votekentphilips.com, political advertisement paid for by Kent Phillips.
[01:02:49.440 --> 01:02:53.520]  This is the Liberty Beat for Thursday, October 30th, 2014.
[01:02:53.520 --> 01:02:58.400]  Check out the website at thelibertybeat.com and like us on Facebook at facebook.com slash
[01:02:58.400 --> 01:03:21.200]  the liberty beat.
[01:03:21.200 --> 01:03:49.200]  We'll be right back.
[01:03:49.200 --> 01:04:16.160]  Okay, we are back with Brandi Kelton Davis-Stevens from U of Law Radio, here with our special
[01:04:16.160 --> 01:04:19.440]  guest, Ken Magnussen, and we're talking to Jeff in Mississippi.
[01:04:19.440 --> 01:04:21.280]  Jeff, you had another question.
[01:04:21.280 --> 01:04:24.000]  Yeah, actually, I've got two.
[01:04:24.000 --> 01:04:30.560]  My order setting pro se motions for hearing actually only has a judge's signature.
[01:04:30.560 --> 01:04:33.000]  My attorney's signature is not there.
[01:04:33.000 --> 01:04:37.360]  And of course, mine's not there because I didn't know she was making it.
[01:04:37.360 --> 01:04:38.360]  I just received it.
[01:04:38.360 --> 01:04:39.860]  Well, wait a minute.
[01:04:39.860 --> 01:04:40.980]  She may not have.
[01:04:40.980 --> 01:04:47.640]  She may not have had anything to do with it as they reset the hearing date.
[01:04:47.640 --> 01:04:53.040]  And the judge most likely did that sui sponte claiming that he had a murder trial going
[01:04:53.040 --> 01:04:55.440]  on that preempted your case.
[01:04:55.440 --> 01:04:56.440]  Okay.
[01:04:56.440 --> 01:05:04.160]  So, there probably wasn't a motion for continuance filed.
[01:05:04.160 --> 01:05:08.200]  This was most likely sui sponte by the court.
[01:05:08.200 --> 01:05:09.200]  Does there have to be?
[01:05:09.200 --> 01:05:15.120]  I mean, y'all were just saying that there needs to be a court reporter doing this stuff
[01:05:15.120 --> 01:05:16.680]  on transcripts.
[01:05:16.680 --> 01:05:22.880]  Well, you have the judge signed an order and that may be all there is.
[01:05:22.880 --> 01:05:25.320]  He may not have done it in court.
[01:05:25.320 --> 01:05:32.000]  And this, Ken, correct me if I'm wrong, but this the court has discretion to do.
[01:05:32.000 --> 01:05:34.680]  Yeah, they do.
[01:05:34.680 --> 01:05:40.320]  But the issue is that if this murder trial was brought to them to set for hearing or
[01:05:40.320 --> 01:05:43.160]  whatever, it was brought by the district attorney's office.
[01:05:43.160 --> 01:05:47.760]  They clearly either knew that they had the time to do it or not and they had a requirement
[01:05:47.760 --> 01:05:51.400]  not to have you waste your time and come down there.
[01:05:51.400 --> 01:05:56.160]  And I'm convinced that you're right and that they're abusing their power by constantly
[01:05:56.160 --> 01:06:01.500]  resetting these things and they have no consideration for your schedule whatsoever.
[01:06:01.500 --> 01:06:06.920]  And I'm sorry, the speedy trial act from the United States constitutional perspective still
[01:06:06.920 --> 01:06:08.920]  applies.
[01:06:08.920 --> 01:06:13.400]  Whether or not they're retrying you or not, they can't just keep creating this court machination
[01:06:13.400 --> 01:06:20.760]  over and over and over again, month in, month out and depriving you of the ability to live
[01:06:20.760 --> 01:06:27.980]  your life based on their inability or incompetence to hold a trial.
[01:06:27.980 --> 01:06:35.180]  This is neither – this is deliberate retaliation to prevent you from adjudicating the case.
[01:06:35.180 --> 01:06:41.480]  And the point about the judge being able to do that was about making the right argument.
[01:06:41.480 --> 01:06:46.640]  You can't argue – it would be fruitless to argue that they didn't have the right
[01:06:46.640 --> 01:06:49.360]  to do that because the judge can.
[01:06:49.360 --> 01:06:56.400]  The argument is that the act was intentionally malicious and intended to …
[01:06:56.400 --> 01:07:04.400]  Okay, well mine – they postponed my hearing until tomorrow, so I have my motion hearing
[01:07:04.400 --> 01:07:06.400]  tomorrow at 1.30.
[01:07:06.400 --> 01:07:09.480]  Now what's going to happen is I'm going to walk into the courtroom and people are
[01:07:09.480 --> 01:07:12.080]  going to look at me like, who are you?
[01:07:12.080 --> 01:07:15.160]  And it's going to be a bunch of strange people and then the clerk is going to come
[01:07:15.160 --> 01:07:25.120]  leaving a continuance and she's going to have this real stupid look on her face.
[01:07:25.120 --> 01:07:31.320]  And you need to ask the question, who requested the continuance?
[01:07:31.320 --> 01:07:36.280]  Who told you to do this?
[01:07:36.280 --> 01:07:37.280]  You need to know –
[01:07:37.280 --> 01:07:44.040]  Wait a minute, I'm missing something here.
[01:07:44.040 --> 01:07:47.800]  Okay, the judge won't be here and my attorney won't be there.
[01:07:47.800 --> 01:07:49.600]  Hold on, stop, stop, stop.
[01:07:49.600 --> 01:07:54.900]  They continued your motion hearing until tomorrow.
[01:07:54.900 --> 01:07:59.480]  Does that mean that the murder trial is over?
[01:07:59.480 --> 01:08:01.480]  No.
[01:08:01.480 --> 01:08:08.160]  Okay, it was your trial that was put off.
[01:08:08.160 --> 01:08:12.920]  Wasn't your trial scheduled for Monday?
[01:08:12.920 --> 01:08:20.040]  Yes, the trial was put off until January the 27th, I'm sorry, and I had a motion hearing
[01:08:20.040 --> 01:08:25.000]  set for the same day.
[01:08:25.000 --> 01:08:35.040]  Okay, and now January 27th, now you're having a hearing set tomorrow.
[01:08:35.040 --> 01:08:39.480]  Why is that set for tomorrow if you have another one set?
[01:08:39.480 --> 01:08:43.280]  I'm not sure what's going on here.
[01:08:43.280 --> 01:08:47.040]  Probably because they want to keep me for the whole term and maybe it's part of their
[01:08:47.040 --> 01:08:50.160]  torture technique.
[01:08:50.160 --> 01:08:57.320]  Okay, since they're keeping you there, you need to go down and get a list of everybody
[01:08:57.320 --> 01:09:06.720]  who was waiting for trial at the courthouse and then go spend some time going through
[01:09:06.720 --> 01:09:09.640]  their records, taking notes.
[01:09:09.640 --> 01:09:17.120]  It doesn't necessarily matter what you're taking, but start taking notes.
[01:09:17.120 --> 01:09:21.640]  And don't tell them what you're doing, just research.
[01:09:21.640 --> 01:09:24.440]  Don't tell them anything.
[01:09:24.440 --> 01:09:30.380]  They will imagine something much worse than anything you would tell them.
[01:09:30.380 --> 01:09:33.240]  So it makes them crazy when they don't know what you're doing.
[01:09:33.240 --> 01:09:39.800]  But start going through these, finding out who these people are, and going through their
[01:09:39.800 --> 01:09:43.600]  cases and see if you can find some patterns here.
[01:09:43.600 --> 01:09:48.760]  You want to know how many times these people are being brought down and forced to sit here
[01:09:48.760 --> 01:09:55.920]  in the court for a week and then sent home, and these are obviously people who didn't
[01:09:55.920 --> 01:09:59.760]  take the deal and plead guilty.
[01:09:59.760 --> 01:10:08.800]  You also want to see if the clerk produces any reports to any state agency concerning
[01:10:08.800 --> 01:10:12.920]  statistics on criminal prosecutions.
[01:10:12.920 --> 01:10:24.780]  You want to know how many people are arrested, tried, how many make a deal, how many are
[01:10:24.780 --> 01:10:28.080]  actually tried.
[01:10:28.080 --> 01:10:37.800]  Order up some statistics and get prepared for your RICO suit.
[01:10:37.800 --> 01:10:42.040]  But don't tell them you're getting prepared for a RICO suit, it's none of their business
[01:10:42.040 --> 01:10:46.200]  what you're doing.
[01:10:46.200 --> 01:10:51.080]  So start doing, since you're still there, get you a lot of research done, make the time
[01:10:51.080 --> 01:10:53.300]  useful.
[01:10:53.300 --> 01:10:58.600]  So get a court calendar and just find a name on the court calendar and then just go and
[01:10:58.600 --> 01:11:00.680]  ask for that person's file.
[01:11:00.680 --> 01:11:06.040]  Well, are these people necessarily on the court calendar?
[01:11:06.040 --> 01:11:09.680]  Okay.
[01:11:09.680 --> 01:11:10.680]  Find out.
[01:11:10.680 --> 01:11:20.000]  Say, if I look at the court calendar, everybody who has been required to come here and wait
[01:11:20.000 --> 01:11:24.920]  for trial, be on the calendar.
[01:11:24.920 --> 01:11:33.280]  If not, ask them, how do you find everyone who has been ordered to come here for trial?
[01:11:33.280 --> 01:11:37.440]  They'll figure out what you're doing, but if they have to figure it out, if you say
[01:11:37.440 --> 01:11:40.520]  it, you can just be huffing and puffing.
[01:11:40.520 --> 01:11:44.320]  But if they think it, then it's true and it makes it more compelling.
[01:11:44.320 --> 01:11:50.760]  And more likely, if you're going to gain any political leverage, you'll gain it better
[01:11:50.760 --> 01:11:57.200]  by getting them to think what you want rather than having to tell them.
[01:11:57.200 --> 01:12:03.040]  The goal of the research is either these people are very corrupt or they're very incompetent
[01:12:03.040 --> 01:12:05.000]  at what they do.
[01:12:05.000 --> 01:12:08.720]  And either way, we want to find the answer definitively to that.
[01:12:08.720 --> 01:12:11.040]  What's the proof of the corruption?
[01:12:11.040 --> 01:12:12.800]  What's the proof of their incompetence?
[01:12:12.800 --> 01:12:14.560]  And either way, we don't really care.
[01:12:14.560 --> 01:12:18.200]  But the idea is to find out whether or not, don't assume just because they did something
[01:12:18.200 --> 01:12:19.840]  that it's a corrupt reason.
[01:12:19.840 --> 01:12:25.280]  The biggest thing I've seen in government is 90% of the people that are there are incompetent.
[01:12:25.280 --> 01:12:29.680]  The 10% that are competent may be gaming the system.
[01:12:29.680 --> 01:12:34.440]  But you want to find out exactly what the procedure and process is and why they can't
[01:12:34.440 --> 01:12:37.920]  seem to have a speedy trial.
[01:12:37.920 --> 01:12:38.920]  Why can't they do this?
[01:12:38.920 --> 01:12:40.320]  Is there an all career motive?
[01:12:40.320 --> 01:12:44.840]  We've got some hypothesis at this point, but by looking through all the case, the court
[01:12:44.840 --> 01:12:50.360]  records to look at who's there, who's required to be there, who's representing them, there's
[01:12:50.360 --> 01:12:56.360]  no telling what pattern you're going to see, but it should reveal the ulterior motive.
[01:12:56.360 --> 01:12:57.360]  Okay.
[01:12:57.360 --> 01:12:58.760]  All right.
[01:12:58.760 --> 01:12:59.760]  Okay.
[01:12:59.760 --> 01:13:01.880]  Well, thanks guys.
[01:13:01.880 --> 01:13:07.280]  And I will call you back when I'm done and report to you.
[01:13:07.280 --> 01:13:09.000]  Wonderful.
[01:13:09.000 --> 01:13:10.760]  Thank you, Jeff.
[01:13:10.760 --> 01:13:11.760]  Thank you guys.
[01:13:11.760 --> 01:13:12.760]  Thanks.
[01:13:12.760 --> 01:13:13.760]  Thank you.
[01:13:13.760 --> 01:13:14.760]  Okay.
[01:13:14.760 --> 01:13:19.860]  We have one more caller, Zhaozha from New York and Ken, you'll like this caller.
[01:13:19.860 --> 01:13:22.920]  She has been kicking behind in New York.
[01:13:22.920 --> 01:13:23.920]  Hello, Zhaozha.
[01:13:23.920 --> 01:13:24.920]  Hi, Randy.
[01:13:24.920 --> 01:13:25.920]  Hi, Ken.
[01:13:25.920 --> 01:13:26.920]  How are you tonight?
[01:13:26.920 --> 01:13:27.920]  You guys sound great.
[01:13:27.920 --> 01:13:30.400]  Thanks for taking the time.
[01:13:30.400 --> 01:13:31.520]  We're doing well.
[01:13:31.520 --> 01:13:33.320]  Kind of bring us up to speed.
[01:13:33.320 --> 01:13:34.320]  Okay.
[01:13:34.320 --> 01:13:39.080]  From the last time that we called, I wanted to say that I did file the bar grievance and
[01:13:39.080 --> 01:13:43.160]  I received a note from the New York Bar, but they are fairly backed up and I did a five
[01:13:43.160 --> 01:13:46.840]  page would be a 10 page double spaced grievance.
[01:13:46.840 --> 01:13:48.120]  I really gave them a hard time.
[01:13:48.120 --> 01:13:52.080]  So thank you for letting me know how to explain how to do that on air.
[01:13:52.080 --> 01:13:56.480]  And I know that that was, that put a damper on their Christmas for sure.
[01:13:56.480 --> 01:13:58.680]  This is Ken.
[01:13:58.680 --> 01:14:00.720]  Did you send us a copy?
[01:14:00.720 --> 01:14:02.920]  Yeah, I sent to anyone.
[01:14:02.920 --> 01:14:04.280]  I can send you one as well.
[01:14:04.280 --> 01:14:05.280]  Okay.
[01:14:05.280 --> 01:14:07.520]  No, I just want to make sure Randy's got a copy.
[01:14:07.520 --> 01:14:08.520]  I want to see it.
[01:14:08.520 --> 01:14:09.520]  Yeah.
[01:14:09.520 --> 01:14:10.520]  It was tight.
[01:14:10.520 --> 01:14:14.280]  I pulled them on and my brother went to law school and he even said a lot of the things
[01:14:14.280 --> 01:14:17.840]  that they did after I wrote it, I said, Oh, uh, what do you think?
[01:14:17.840 --> 01:14:19.440]  He said, Oh yeah, it was unethical.
[01:14:19.440 --> 01:14:20.600]  Everything you did was completely unethical.
[01:14:20.600 --> 01:14:26.120]  I was able to back it up with citations and yeah, they got in trouble for sure, but they
[01:14:26.120 --> 01:14:27.120]  still got brave.
[01:14:27.120 --> 01:14:28.120]  I guess.
[01:14:28.120 --> 01:14:34.200]  Um, I had filed it a little bit later than I wanted to, but I didn't, which is fine,
[01:14:34.200 --> 01:14:38.740]  but they were inspired to file their motion to dismiss.
[01:14:38.740 --> 01:14:41.000]  So they filed that on Monday.
[01:14:41.000 --> 01:14:43.640]  Randy was a little speculative whether they were actually going to go through with it
[01:14:43.640 --> 01:14:49.600]  because I also, they also try to sneak in, uh, some evidence that wasn't really that
[01:14:49.600 --> 01:14:50.600]  great.
[01:14:50.600 --> 01:14:57.820]  And they, we're not dealing with that evidence at this point because it was admitted improperly,
[01:14:57.820 --> 01:15:02.000]  but it's, but they went ahead and they did, they decide to file a motion to dismiss the
[01:15:02.000 --> 01:15:03.000]  case.
[01:15:03.000 --> 01:15:09.120]  Um, this copyright is a copyright infringement case, um, and it's on their grounds, ridiculous
[01:15:09.120 --> 01:15:10.120]  grounds.
[01:15:10.120 --> 01:15:13.880]  Again, they're trying to say that there was some jurisdiction, which is absolutely incorrect
[01:15:13.880 --> 01:15:19.440]  because it's a federal lawsuit and, um, in the, in the federal courts, copyright, uh,
[01:15:19.440 --> 01:15:23.040]  case can only be held in federal courts and they were trying to claim, claim some personal
[01:15:23.040 --> 01:15:25.200]  jurisdiction on, on one of the subjects.
[01:15:25.200 --> 01:15:26.520]  It was, it's just really weak.
[01:15:26.520 --> 01:15:32.260]  And then they did try to use, okay, my last case, my first case, which is in court, which
[01:15:32.260 --> 01:15:39.480]  I was already appealing the judge in a recusal because he admitted that he worked for the
[01:15:39.480 --> 01:15:40.480]  defendants.
[01:15:40.480 --> 01:15:45.080]  So these people, because it was also a copyright infringement case and the judge was prejudiced
[01:15:45.080 --> 01:15:46.080]  and biased.
[01:15:46.080 --> 01:15:52.560]  Um, first I'm wondering a few things first, should I, am I able to cite the fact that
[01:15:52.560 --> 01:15:58.280]  in my defense, in my dismissal, my opposing to their dismissal papers, do you think it's
[01:15:58.280 --> 01:16:06.280]  my advantage, your honor opposing counsel opened the door.
[01:16:06.280 --> 01:16:12.040]  I get to walk through it.
[01:16:12.040 --> 01:16:19.960]  They opened the door to that other trial if they brought it referenced to it in this trial
[01:16:19.960 --> 01:16:25.500]  in order to try to discredit you, they opened that door and you get to walk through it stomping
[01:16:25.500 --> 01:16:27.040]  your feet all the way.
[01:16:27.040 --> 01:16:28.960]  Oh, okay.
[01:16:28.960 --> 01:16:32.640]  Because they, they even submitted the decisions, but they, it was everything cherry picked
[01:16:32.640 --> 01:16:37.960]  on the decision, you know, but I wanted to ask you about how long I need to ask for discovery
[01:16:37.960 --> 01:16:38.960]  right now.
[01:16:38.960 --> 01:16:39.960]  Um, okay.
[01:16:39.960 --> 01:16:40.960]  Good, good.
[01:16:40.960 --> 01:16:41.960]  Hang on.
[01:16:41.960 --> 01:16:42.960]  We're about to go to break.
[01:16:42.960 --> 01:16:47.720]  Raina Kelton, Deborah Stevens, Rule of Law Radio here with special guest, Kim Magnussen.
[01:16:47.720 --> 01:17:00.800]  I call it number five one two six four six 1984 we'll be right back.
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[01:18:59.440 --> 01:19:27.440]  This is the logos, radio network, ain't going to blind me, don't bore me, don't bore me,
[01:19:27.440 --> 01:19:36.360]  don't bore me, don't bore me, ain't going to fool me with that same old trick again.
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[01:19:52.040 --> 01:19:53.040]  We are back.
[01:19:53.040 --> 01:19:57.640]  Andy Kelton, Debra Steven is here with our special guest, Ken Magnussen, and Ken, you
[01:19:57.640 --> 01:20:00.480]  had some comments on the breaks.
[01:20:00.480 --> 01:20:01.800]  Go to those now.
[01:20:01.800 --> 01:20:06.000]  Jaja you're going to like this.
[01:20:06.000 --> 01:20:12.680]  One of the issues is when the other side files a frivolous motion to dismiss and cites frivolous
[01:20:12.680 --> 01:20:17.460]  case law or case material, or they cherry pick what they want.
[01:20:17.460 --> 01:20:18.460]  It's a frivolous motion.
[01:20:18.460 --> 01:20:24.280]  The problem is the pro se litigant that's in court can't get equity in court with regards
[01:20:24.280 --> 01:20:27.880]  to frivolous motions because you can't get attorney's fees.
[01:20:27.880 --> 01:20:29.520]  That's what they always tell you about.
[01:20:29.520 --> 01:20:34.640]  The court will sanction the other party $15,000, but they don't really care as long as they
[01:20:34.640 --> 01:20:38.600]  keep beating you down one motion at a time.
[01:20:38.600 --> 01:20:44.680]  What they fear is something that's going to lose the case for them.
[01:20:44.680 --> 01:20:52.520]  You ask for their pleadings to be stricken as part of the sanctions.
[01:20:52.520 --> 01:20:56.760]  We're talking all their pleadings, which means they didn't answer the case.
[01:20:56.760 --> 01:20:58.780]  That's what they call death penalty.
[01:20:58.780 --> 01:21:04.400]  The idea of a death penalty case, there was a case out of a wrongful death case with regards
[01:21:04.400 --> 01:21:09.520]  to a defective automobile.
[01:21:09.520 --> 01:21:16.560]  You can read about this case in a book called No Contest by Ralph Nader and John Wesley
[01:21:16.560 --> 01:21:17.560]  Smith.
[01:21:17.560 --> 01:21:19.560]  It was written back in the 1980s.
[01:21:19.560 --> 01:21:25.240]  It's an absolute treasure trove of stories about abuse of power by judges and attorneys
[01:21:25.240 --> 01:21:27.160]  and how to fight it.
[01:21:27.160 --> 01:21:32.200]  One of the things that they did is the attorneys for the plaintiffs came in and found out that
[01:21:32.200 --> 01:21:35.680]  essentially the car manufacturer, and I'm not going to mention which one because I don't
[01:21:35.680 --> 01:21:37.360]  remember which one it is.
[01:21:37.360 --> 01:21:46.880]  Anyway, it was about Ford Motor Company and the Pinto.
[01:21:46.880 --> 01:21:53.180]  I think it was Chevy and the trucks with the side gas tanks, but in any event, it was one
[01:21:53.180 --> 01:22:00.440]  of those cases where they had essentially said, we did no safety testing on any of this.
[01:22:00.440 --> 01:22:03.520]  We don't have any records in our safety lab.
[01:22:03.520 --> 01:22:10.440]  It turned out that all their safety reports are reduced to microfiche.
[01:22:10.440 --> 01:22:11.440]  This is back in the 1980s.
[01:22:11.440 --> 01:22:12.900]  It was microfiche.
[01:22:12.900 --> 01:22:15.640]  Nobody had desktop computers then.
[01:22:15.640 --> 01:22:23.080]  Anyway, the microfiche, after they kept them for a certain period of time, would be salvaged
[01:22:23.080 --> 01:22:25.800]  because they all contained silver.
[01:22:25.800 --> 01:22:32.540]  A salvage company bought on a lot of these things, and of course a car company produces
[01:22:32.540 --> 01:22:36.040]  tons of microfiche over the course of years.
[01:22:36.040 --> 01:22:40.640]  Well, it just so happened the guy had a microfiche reader, and he just reached in to see what
[01:22:40.640 --> 01:22:41.640]  he did.
[01:22:41.640 --> 01:22:47.000]  He found the report that they were talking about that they said they didn't have, which
[01:22:47.000 --> 01:22:50.240]  the car company lied about.
[01:22:50.240 --> 01:22:56.680]  He contacted the plaintiff's counsel, got him a copy of this, and they came in and said,
[01:22:56.680 --> 01:23:01.420]  the auto makers, as well as the attorneys, had committed fraud upon the court.
[01:23:01.420 --> 01:23:06.760]  They got sanctioned real money, but the other thing the attorney asked for was because they
[01:23:06.760 --> 01:23:17.600]  did this with the intention to eliminate their liability, that this went beyond normal fraud
[01:23:17.600 --> 01:23:23.440]  upon the court, and the judge should strike all of their pleadings and provide a default
[01:23:23.440 --> 01:23:24.440]  judgment.
[01:23:24.440 --> 01:23:29.400]  There had been a lot of activity in this case, and that's what the judge did, and it was
[01:23:29.400 --> 01:23:31.400]  sustained on appeal.
[01:23:31.400 --> 01:23:36.480]  So the idea of striking their pleadings and they lose, essentially, as if they never answered
[01:23:36.480 --> 01:23:42.800]  the suit, is a real fear of attorneys when it comes to sanctions.
[01:23:42.800 --> 01:23:49.720]  So that's one of the things you can work into your pleadings, is asking for that their pleadings
[01:23:49.720 --> 01:23:50.720]  be stricken.
[01:23:50.720 --> 01:23:54.000]  Oh, that's fantastic.
[01:23:54.000 --> 01:23:59.800]  That sounds like a really good punch, a lot of punches, actually.
[01:23:59.800 --> 01:24:00.800]  Because I can...
[01:24:00.800 --> 01:24:04.320]  I can't get their attention.
[01:24:04.320 --> 01:24:09.080]  But you're saying that, personally, I can't collect, I can't file, well, I guess I could
[01:24:09.080 --> 01:24:14.720]  file a mild practice suit separate from that, but not obtain them from the courts, as in
[01:24:14.720 --> 01:24:19.720]  with legal fees, because I'm not a counsel, I'm just a pro-state litigant.
[01:24:19.720 --> 01:24:24.120]  That's fine, though, at least it will cause them to have to pay the courts.
[01:24:24.120 --> 01:24:28.800]  So it will cost them out of pocket.
[01:24:28.800 --> 01:24:30.320]  But they don't care.
[01:24:30.320 --> 01:24:34.400]  They don't care about that out of pocket as long as they're winning the cases for their
[01:24:34.400 --> 01:24:35.920]  clients, okay?
[01:24:35.920 --> 01:24:40.600]  They don't mind paying hundreds of thousand dollars in sanctions as long as the overall
[01:24:40.600 --> 01:24:44.500]  lawsuit doesn't gain traction.
[01:24:44.500 --> 01:24:51.620]  What they worry about is if they file another frivolous pleading and you plead the same
[01:24:51.620 --> 01:24:55.920]  thing, saying, here we are, Your Honor, we're here again because they filed more frivolous
[01:24:55.920 --> 01:25:00.720]  pleadings, and the first time I asked for sanctions against them and you didn't do anything,
[01:25:00.720 --> 01:25:04.880]  now they're doing it again, and this is a pattern of conduct, you need to strike their
[01:25:04.880 --> 01:25:05.880]  pleadings.
[01:25:05.880 --> 01:25:09.320]  And if they, on the second occasion, the judge might do it.
[01:25:09.320 --> 01:25:11.780]  And they're really worried about that.
[01:25:11.780 --> 01:25:15.120]  So I'm going to tell you that I don't think they'll file it.
[01:25:15.120 --> 01:25:20.140]  If you bring that issue up and ask for that as an alternative to attorney's fees is strike
[01:25:20.140 --> 01:25:22.140]  their pleadings.
[01:25:22.140 --> 01:25:23.720]  Okay.
[01:25:23.720 --> 01:25:30.120]  I think the fact that it's in the pleadings will motivate them never to file any more
[01:25:30.120 --> 01:25:32.120]  frivolous pleadings.
[01:25:32.120 --> 01:25:39.680]  Well, they had to answer something, and they're attempting to file a motion to dismiss for
[01:25:39.680 --> 01:25:44.640]  failure to state a claim, which is they cited some very, you know, whatever, very frivolous
[01:25:44.640 --> 01:25:45.640]  case law.
[01:25:45.640 --> 01:25:49.160]  Most of it is because they're using advertising law and it's a fine art case.
[01:25:49.160 --> 01:25:50.160]  I know how to fight it.
[01:25:50.160 --> 01:25:51.160]  It's nothing.
[01:25:51.160 --> 01:25:54.440]  But, and they never denied looking at my work, which is amazing.
[01:25:54.440 --> 01:25:57.040]  So they never, you know, and so that leads me...
[01:25:57.040 --> 01:25:58.040]  Go ahead.
[01:25:58.040 --> 01:26:04.040]  Well, that gets you back to the fact that they shouldn't file a motion to dismiss unless
[01:26:04.040 --> 01:26:06.840]  they've got real law to support the motion to dismiss.
[01:26:06.840 --> 01:26:08.560]  You don't get to argue anything.
[01:26:08.560 --> 01:26:12.400]  They can't start saying, well, no, we didn't do it because she was on the grassy knoll
[01:26:12.400 --> 01:26:15.880]  in November 63.
[01:26:15.880 --> 01:26:18.180]  They don't get to just throw anything out there.
[01:26:18.180 --> 01:26:23.000]  They've got to argue law that's applicable to the case, and when they argue outside the
[01:26:23.000 --> 01:26:28.480]  boundaries of the case, they should get an appropriate sanction against them.
[01:26:28.480 --> 01:26:30.600]  There should be consequences for doing that.
[01:26:30.600 --> 01:26:34.800]  And one of the sanctions is the judge fines the money for the court, and if you had an
[01:26:34.800 --> 01:26:39.360]  attorney would award you attorney's fees for that, okay?
[01:26:39.360 --> 01:26:42.360]  And then they don't want to do it because they're putting money in your attorney's pocket,
[01:26:42.360 --> 01:26:44.680]  your pocket, every time they screw up.
[01:26:44.680 --> 01:26:50.900]  But when you're pro se, they're taking your time and not compensating you for it.
[01:26:50.900 --> 01:26:54.880]  So they're motivated to do this over and over and over again until you put something in
[01:26:54.880 --> 01:26:56.280]  there as a deterrent.
[01:26:56.280 --> 01:27:02.640]  And the striking of their pleadings is a significant...they call that the death penalty in a case.
[01:27:02.640 --> 01:27:07.540]  The judges won't do it until there's a point in time where you've shown a pattern of conduct
[01:27:07.540 --> 01:27:11.320]  that these attorneys are doing that, and they'll warn the attorneys over and over and over
[01:27:11.320 --> 01:27:13.400]  again, and when it gets to be too much, they'll do it.
[01:27:13.400 --> 01:27:15.440]  They'll strike their pleadings, and that'll be the end of it.
[01:27:15.440 --> 01:27:20.760]  They've already done a slew of things, and they've asked for a pre-motion conference,
[01:27:20.760 --> 01:27:22.000]  and the judge struck that down.
[01:27:22.000 --> 01:27:27.800]  He said, with emphasis, not with pro se cases, this is not...and I told them already by form
[01:27:27.800 --> 01:27:35.080]  of letter that you're not supposed to have pre-motion conferences with the pro se, and
[01:27:35.080 --> 01:27:40.360]  they just went ahead and did it to prolong litigation, just to try to hang it out.
[01:27:40.360 --> 01:27:43.920]  They've been doing all kinds of things like that.
[01:27:43.920 --> 01:27:49.680]  Put that in a section in your pleadings saying continued pattern of conduct and indicate
[01:27:49.680 --> 01:27:54.080]  that you want their pleadings stricken, that this is the only thing that they're going
[01:27:54.080 --> 01:27:55.080]  to recognize.
[01:27:55.080 --> 01:28:01.640]  They're going to keep filing frivolous pleadings in this case in order to waste your time until
[01:28:01.640 --> 01:28:06.160]  such time as you miss one of the motions because you can't, because your pro se and don't have
[01:28:06.160 --> 01:28:08.720]  a legal law firm behind you.
[01:28:08.720 --> 01:28:13.480]  So the issue is, is that there ought to be appropriate consequences for them not following
[01:28:13.480 --> 01:28:17.480]  the rules, and when they don't follow the rules, they ought to have their pleadings
[01:28:17.480 --> 01:28:21.840]  stricken or pay you appropriate compensation.
[01:28:21.840 --> 01:28:23.160]  Okay.
[01:28:23.160 --> 01:28:29.680]  So one case that I had where they filed a motion, this is where I came up with this.
[01:28:29.680 --> 01:28:31.760]  I read this process.
[01:28:31.760 --> 01:28:37.080]  So I did that, and I said, in the alternative, I'd be compensated for my time and my wasted
[01:28:37.080 --> 01:28:39.840]  time in having to fight this frivolous motion.
[01:28:39.840 --> 01:28:42.400]  Now, I'm not asking for attorney's fees.
[01:28:42.400 --> 01:28:47.760]  I'm asking for a compensation of my wasted time, and the other side agreed to it as opposed
[01:28:47.760 --> 01:28:56.160]  to letting the court strike their pleadings, and then they never filed a frivolous motion
[01:28:56.160 --> 01:28:57.160]  again.
[01:28:57.160 --> 01:28:58.160]  Never.
[01:28:58.160 --> 01:29:02.200]  Oh, so I can definitely ask for the wasted time because I already started speaking about
[01:29:02.200 --> 01:29:07.920]  that in my letter to dismiss their motion for their pre-motion conference.
[01:29:07.920 --> 01:29:12.560]  And I already suggested that, you know, I'm a full-time artist, and this is a hassle from,
[01:29:12.560 --> 01:29:16.520]  you know, a troubled symphony, but I'm trying to say that I'm not a litigator.
[01:29:16.520 --> 01:29:21.600]  They're going to argue that that's attorney's fees, that you can't get paid for your time.
[01:29:21.600 --> 01:29:25.900]  But if you make it a voluntary thing, the court can't order it, but they can volunteer
[01:29:25.900 --> 01:29:28.640]  it in the alternative to having their pleadings struck.
[01:29:28.640 --> 01:29:33.920]  But either way, if you ask for their pleadings to be stricken, you give them a, you know,
[01:29:33.920 --> 01:29:36.760]  it's the lady or the tiger.
[01:29:36.760 --> 01:29:37.760]  Yeah.
[01:29:37.760 --> 01:29:41.760]  So I spoke to the clerks today and they...
[01:29:41.760 --> 01:29:42.760]  Okay, hang on.
[01:29:42.760 --> 01:29:43.760]  Hang on.
[01:29:43.760 --> 01:29:44.760]  We're about to go to break.
[01:29:44.760 --> 01:29:46.960]  We will pick this back up on the other side.
[01:29:46.960 --> 01:29:51.800]  This is Randy Kelton, Debra Stevens with our radio.
[01:29:51.800 --> 01:30:02.240]  A call-in number, 512-646-1984, we'll be right back.
[01:30:02.240 --> 01:30:06.600]  Energy drinks are all the rage these days, but nowadays even young children are chugging
[01:30:06.600 --> 01:30:09.920]  beverages like Red Bull and Rockstar on the way to school.
[01:30:09.920 --> 01:30:15.480]  I'm Dr. Katherine Albrecht, and I'll be back in a moment with more on this dangerous trend.
[01:30:15.480 --> 01:30:17.080]  Privacy is under attack.
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[01:31:00.520 --> 01:31:01.520]  despite the risks.
[01:31:01.520 --> 01:31:04.680]  Many of these drinks contain large amounts of caffeine.
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[01:31:22.200 --> 01:31:24.240]  I'm Dr. Catherine Albrecht.
[01:31:24.240 --> 01:31:30.640]  More news and information at CatherineAlbrecht.com.
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[01:32:59.760 --> 01:33:04.800]  You are listening to the Logos Radio Network.
[01:33:04.800 --> 01:33:11.800]  Logos Radio Network.com.
[01:33:34.800 --> 01:33:45.720]  Okay, we are back.
[01:33:45.720 --> 01:33:52.040]  Brandi Kelton with our special guest, Ken Magnussen, and we're talking to Jaja in New
[01:33:52.040 --> 01:33:53.040]  York.
[01:33:53.040 --> 01:33:56.480]  Jaja, you had a question.
[01:33:56.480 --> 01:34:00.320]  The last question was that the clerk said that I could either write a letter or file
[01:34:00.320 --> 01:34:04.140]  a motion to the court for more time.
[01:34:04.140 --> 01:34:09.320]  But I also wanted to know if I need to file a second motion also to file a request for
[01:34:09.320 --> 01:34:15.720]  discovery, and how long do you think is enough time to request is a good estimate to ask
[01:34:15.720 --> 01:34:16.720]  for discovery.
[01:34:16.720 --> 01:34:17.720]  Okay.
[01:34:17.720 --> 01:34:23.520]  It's a little too soon for discovery because you have a motion to dismiss.
[01:34:23.520 --> 01:34:29.760]  When as soon as the motion to dismiss is disposed of, then you—because that's a dispositive
[01:34:29.760 --> 01:34:30.760]  motion.
[01:34:30.760 --> 01:34:34.360]  That would be a Rule 12b-6 motion.
[01:34:34.360 --> 01:34:35.360]  I see.
[01:34:35.360 --> 01:34:37.760]  It would have to have a ruling first before I could ask for—
[01:34:37.760 --> 01:34:43.680]  Yeah, the judge is not going to—unless you need the discovery in order to answer the
[01:34:43.680 --> 01:34:46.960]  12b-6.
[01:34:46.960 --> 01:34:52.080]  If you can answer the 12b-6 without it, then the judge is not going to give it to you because
[01:34:52.080 --> 01:34:57.880]  if he rules in favor of dismissal, then the other party won't have to be put to the
[01:34:57.880 --> 01:35:03.160]  time, trouble, and cost of discovery since, of course, the case would be dismissed altogether.
[01:35:03.160 --> 01:35:04.720]  Does that make sense?
[01:35:04.720 --> 01:35:05.720]  Oh, yeah, totally.
[01:35:05.720 --> 01:35:06.720]  That makes sense.
[01:35:06.720 --> 01:35:14.280]  So right now, all I have to do is just respond to their—for their motion to dismiss, and
[01:35:14.280 --> 01:35:20.960]  they gave me 27 pages of a lot of stupid law and reuse, and I know how to challenge that,
[01:35:20.960 --> 01:35:26.240]  but so I can—I assume that I can—and I could look at the court's rules, but I think
[01:35:26.240 --> 01:35:30.720]  it was only 15 pages, but since they did 27, can I do equally as much?
[01:35:30.720 --> 01:35:33.800]  I mean, 30 pages in response to that?
[01:35:33.800 --> 01:35:40.760]  Oh, yeah, you can—as far as I know, in responding to a motion, I don't think there's a limit
[01:35:40.760 --> 01:35:47.840]  unless the court has it in their local rules, but that would kind of—that would be difficult
[01:35:47.840 --> 01:35:53.200]  to set a limit on how you can respond because you don't know how much is in—you know,
[01:35:53.200 --> 01:35:59.640]  you can't anticipate how much is going to be in a motion, so I wouldn't think there
[01:35:59.640 --> 01:36:06.080]  would be a limit on how many pages I've filed—50, 60, 70-page motions and responses.
[01:36:06.080 --> 01:36:07.080]  Okay.
[01:36:07.080 --> 01:36:09.080]  Do you think I need to have extra time?
[01:36:09.080 --> 01:36:15.040]  Do you think I should just ask for an extra time for the state to state a status for the
[01:36:15.040 --> 01:36:18.960]  argument's sake, you know, so I can work it out?
[01:36:18.960 --> 01:36:26.320]  Take a good look at it, and if you ask for extra time, you might want to give the judge
[01:36:26.320 --> 01:36:34.000]  a reason why you need the extra time, especially if they're making a lot of frivolous argument
[01:36:34.000 --> 01:36:39.840]  quoting irrelevant law, and it's going to take you time to go through all of this irrelevant
[01:36:39.840 --> 01:36:42.360]  law and show why it's not appropriate.
[01:36:42.360 --> 01:36:43.360]  Okay.
[01:36:43.360 --> 01:36:49.160]  So that's good, I mean, at least you—
[01:36:49.160 --> 01:36:56.240]  If you're going to go to the judge and ask the judge to sanction them for filing frivolous
[01:36:56.240 --> 01:37:01.720]  motions for the purpose of using up your time, this is a good way to document that they're
[01:37:01.720 --> 01:37:08.640]  using up a lot of your time over frivolous motions, so much that you have to get more
[01:37:08.640 --> 01:37:10.360]  time to be able to answer.
[01:37:10.360 --> 01:37:17.920]  You know, the judge hears and sees everything, so everything is a communication to the judge.
[01:37:17.920 --> 01:37:20.280]  So if you need it, by all means, ask for it.
[01:37:20.280 --> 01:37:21.280]  Oh, okay.
[01:37:21.280 --> 01:37:22.840]  I mean, I don't really need it.
[01:37:22.840 --> 01:37:28.120]  I just thought maybe I could just give them a hard time by extending it, but I could write
[01:37:28.120 --> 01:37:31.720]  30 pages in five days, it's not a problem.
[01:37:31.720 --> 01:37:35.640]  But what I think is interesting, what you said was that since they brought up my last
[01:37:35.640 --> 01:37:41.080]  case, that you said they've opened the doors, they could stamp my feet around, are you saying
[01:37:41.080 --> 01:37:47.080]  that I could talk about how the case, how that particular judge worked for the defendants
[01:37:47.080 --> 01:37:51.880]  and he was prejudiced and biased, is that going to make me look—I mean, that's just
[01:37:51.880 --> 01:37:54.600]  like one of the parts that I can argue.
[01:37:54.600 --> 01:37:56.280]  I know that case because—
[01:37:56.280 --> 01:37:57.280]  Okay.
[01:37:57.280 --> 01:38:03.840]  I would be cautious, because now you're beginning to step on the judge's toes, you're getting
[01:38:03.840 --> 01:38:13.680]  up there pretty close, unless it is important to this case, I would avoid that altogether.
[01:38:13.680 --> 01:38:23.040]  You can talk about what scoundrels the lawyers have been, but if this judge seems to be relatively
[01:38:23.040 --> 01:38:31.760]  fair, I would not want to risk putting this judge in a position to protect another judge.
[01:38:31.760 --> 01:38:37.800]  That's what I had, that was my intuition, I kind of felt that also, like I don't want
[01:38:37.800 --> 01:38:44.200]  to bring up any, stir up any, whatever, any problems, you know, with the judges.
[01:38:44.200 --> 01:38:54.720]  Yeah, I had this guy come up with a book, and one of his rules were, everything is political.
[01:38:54.720 --> 01:39:02.280]  Ken, will you tell her about Ken's four rules?
[01:39:02.280 --> 01:39:09.000]  Four rules, first one is perception is everything, sometimes it's true, sometimes it's not, we've
[01:39:09.000 --> 01:39:13.600]  all experienced being blamed for something we didn't do, a few of us have gotten credit
[01:39:13.600 --> 01:39:17.920]  for something we didn't do, but that less likely happens, so.
[01:39:17.920 --> 01:39:22.600]  Number two is everything is negotiable, kids know that one, you know, can I have a cookie
[01:39:22.600 --> 01:39:26.200]  now, I'll eat two helpings of vegetables at dinner?
[01:39:26.200 --> 01:39:29.880]  Everything is negotiable, if you don't ask for negotiation, you don't get a better deal,
[01:39:29.880 --> 01:39:32.680]  you know, you can always ask.
[01:39:32.680 --> 01:39:37.840]  Number three is, it has to be in writing or it didn't happen.
[01:39:37.840 --> 01:39:42.520]  Number four is everything is political, and we don't mean Democrat, Republican, Whig,
[01:39:42.520 --> 01:39:49.240]  Tory, Communist, Fascist, we're talking the politics of small groups, lawyer, not a lawyer,
[01:39:49.240 --> 01:39:51.560]  judge, not a judge.
[01:39:51.560 --> 01:39:58.760]  That's the kind of thing that makes the difference between what happens in, you know, in a process.
[01:39:58.760 --> 01:40:03.040]  But one of the things I was gonna make a comment about the other case is only write about the
[01:40:03.040 --> 01:40:09.700]  other case if the argument is salient to what you're trying to prove.
[01:40:09.700 --> 01:40:15.280]  If it goes directly to an issue that this judge was biased, well, he had a conflict
[01:40:15.280 --> 01:40:20.320]  of interest, he was disqualified or should have been, and the issue is that, you know,
[01:40:20.320 --> 01:40:25.660]  that's an important case, and if that proves your point, and that they omitted that fact
[01:40:25.660 --> 01:40:34.360]  as a deliberate attempt to sway the court with regards to your, you know, the case,
[01:40:34.360 --> 01:40:40.160]  you know, the case's merit, then by all means you cite it, but only if it's necessary.
[01:40:40.160 --> 01:40:45.120]  That is the truth, that is the truth, that's what I also felt, it was also a deliberate
[01:40:45.120 --> 01:40:48.720]  attempt to sway the court as to the case's merit, I said, oh, because they're gonna
[01:40:48.720 --> 01:40:56.680]  use this last judge's decision, this judge particularly feels that he, you know, is gonna
[01:40:56.680 --> 01:41:01.180]  have to follow that judge's decision, even though there's been court rulings in the appellate
[01:41:01.180 --> 01:41:06.840]  decisions afterwards that can highly define it, highly define that particular ruling even
[01:41:06.840 --> 01:41:07.840]  more.
[01:41:07.840 --> 01:41:08.840]  I mean, I know...
[01:41:08.840 --> 01:41:13.600]  Sorry to interrupt you, but I would just refer to the appellate, I wouldn't write anything
[01:41:13.600 --> 01:41:17.520]  about what the judge said, I would just cite the appellate decisions.
[01:41:17.520 --> 01:41:20.980]  The appropriate sections out of the appeals court, the appeals court said this, the appeals
[01:41:20.980 --> 01:41:23.880]  court said that, the appeals court said this.
[01:41:23.880 --> 01:41:28.520]  Anything the appeals court said about the judge, which supports your position, you didn't
[01:41:28.520 --> 01:41:30.600]  do it, the appeals court did it.
[01:41:30.600 --> 01:41:31.600]  Exactly.
[01:41:31.600 --> 01:41:37.320]  Yeah, no, that's true, so they didn't wanna touch on that, I see, I mean...
[01:41:37.320 --> 01:41:45.020]  And the trial judge can't be cited anyway, you know, what he ruled or didn't rule doesn't
[01:41:45.020 --> 01:41:51.800]  carry much weight, but what the appellate court rules, that's law to this judge.
[01:41:51.800 --> 01:41:57.280]  Exactly, and there's been stronger case law that's been formulated within that particular
[01:41:57.280 --> 01:42:04.220]  fine, you know, fine art category of law that is now, you know, I could use because it wasn't
[01:42:04.220 --> 01:42:08.080]  available for me then, but it's been changed, so I even...
[01:42:08.080 --> 01:42:11.880]  You know, they just try to use everything, you know, they throw everything in the kitchen
[01:42:11.880 --> 01:42:16.960]  sink, and I have a lot of weapons, so I can fight it all, it's not a problem, you know,
[01:42:16.960 --> 01:42:21.080]  but I'm glad that I didn't have to do the discovery right now, because that's what was
[01:42:21.080 --> 01:42:25.720]  causing me a little bit of worry, I was like, oh, is it time now to do discovery and depositions
[01:42:25.720 --> 01:42:27.600]  and request for admissions?
[01:42:27.600 --> 01:42:34.400]  But no, I'll just see what happens after I file this filing, this opposition to their...
[01:42:34.400 --> 01:42:41.320]  Okay, if you get in a federal suit, if you file an action and it gets in the federal
[01:42:41.320 --> 01:42:49.680]  court, they are always going to file a Rule 12 motion to dismiss a failure state of claim.
[01:42:49.680 --> 01:42:54.960]  That's kind of like rolling the dice, you know, it's like chicken soup, it couldn't
[01:42:54.960 --> 01:42:55.960]  hurt.
[01:42:55.960 --> 01:43:04.320]  If they don't get the Rule 12, now they're going to sit down and look at their case.
[01:43:04.320 --> 01:43:09.780]  That's when they're likely to be more prepared to come to the table and make a deal.
[01:43:09.780 --> 01:43:14.600]  When you start getting to discovery, that's when it starts getting serious for them.
[01:43:14.600 --> 01:43:18.800]  But until they get past Rule 12, they kind of, Rule 12 has kind of become a free ride
[01:43:18.800 --> 01:43:19.800]  for the defendant.
[01:43:19.800 --> 01:43:20.800]  Unless it's frivolous.
[01:43:20.800 --> 01:43:21.800]  Unless it's frivolous, right.
[01:43:21.800 --> 01:43:34.480]  And then if the judge hadn't given some re-judgment, it's a frivolous summary judgment and he erred.
[01:43:34.480 --> 01:43:38.800]  Okay, hang on, we're about to go to break.
[01:43:38.800 --> 01:43:49.360]  Randy Kelton, Deborah Stevens, Root of Our Radio, I called in number 512-646-1984, hang
[01:43:49.360 --> 01:44:00.040]  on JoJo, and we'll be right back.
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[01:46:22.280 --> 01:46:42.480]  Okay.
[01:46:42.480 --> 01:46:43.480]  We are back.
[01:46:43.480 --> 01:46:44.480]  Randy Kelton.
[01:46:44.480 --> 01:46:50.160]  Randy Kelton and Deborah Stevens, Rule of Law Radio, here with Ken Magnusson, and we're
[01:46:50.160 --> 01:46:53.200]  talking to Jaja in New York.
[01:46:53.200 --> 01:46:54.200]  Okay.
[01:46:54.200 --> 01:46:55.800]  Where were we, Jaja?
[01:46:55.800 --> 01:47:02.440]  So, the last thing I wanted to just mention was that in their 27-page opposition—I mean,
[01:47:02.440 --> 01:47:10.840]  the motion to dismiss—they included a declaration from one of the defendants, who was a part
[01:47:10.840 --> 01:47:15.720]  of a corporation, who worked for the corporation—I just cited him as well—he was trying to
[01:47:15.720 --> 01:47:20.520]  claim—they're trying to claim that a personal jurisdiction out of the federal copyright
[01:47:20.520 --> 01:47:26.000]  lawsuit, which is on several counts—I already know the case law is absolutely frivolous—but
[01:47:26.000 --> 01:47:32.480]  they went out of their way to obtain a declaration from this particular defendant, saying that
[01:47:32.480 --> 01:47:34.280]  he never did business in my state.
[01:47:34.280 --> 01:47:40.480]  You know, for example, even though it's a worldwide company and they solicit an advertising
[01:47:40.480 --> 01:47:46.480]  in every major station, they did it on MTV, and I know the case law that's already going
[01:47:46.480 --> 01:47:50.600]  to throw it out, whatever that they say, you know, and they can't say that they've ever
[01:47:50.600 --> 01:47:54.680]  received any donations—he's just trying to say that he didn't receive profits because
[01:47:54.680 --> 01:47:58.520]  he's not for profit—but he can't claim personal jurisdiction, but they went out of
[01:47:58.520 --> 01:48:03.100]  their way to make a statement, but he never said that he never looked at my work for inspiration.
[01:48:03.100 --> 01:48:06.280]  He never said that he didn't make money from looking at the work.
[01:48:06.280 --> 01:48:09.480]  You know, they're just trying to use case law to say that, oh, it's not right or you
[01:48:09.480 --> 01:48:12.400]  can't say that, but they never actually denied.
[01:48:12.400 --> 01:48:13.400]  So that's an admission.
[01:48:13.400 --> 01:48:14.400]  Isn't that an admission as well?
[01:48:14.400 --> 01:48:17.800]  I mean, the fact that they never denied—I mean, they went out of their way to write
[01:48:17.800 --> 01:48:22.960]  a declaration, but they never denied looking at the work in that declaration for inspiration.
[01:48:22.960 --> 01:48:27.240]  Can I use that as part of—
[01:48:27.240 --> 01:48:29.480]  Could we take that as an admission?
[01:48:29.480 --> 01:48:30.480]  No.
[01:48:30.480 --> 01:48:31.480]  I didn't think so.
[01:48:31.480 --> 01:48:32.480]  No.
[01:48:32.480 --> 01:48:33.480]  Make an argument about it.
[01:48:33.480 --> 01:48:41.520]  Yeah, if you put it in—if you get to discovery and you put it in discovery or request for
[01:48:41.520 --> 01:48:49.980]  admissions and they give you a nonresponsive answer, then you can construe it as you need.
[01:48:49.980 --> 01:48:54.600]  You can make an argument that they omitted that because of his—he couldn't say that
[01:48:54.600 --> 01:49:02.800]  under oath in his—I take it he did this as an affidavit.
[01:49:02.800 --> 01:49:09.160]  But the issue is that since he didn't do that, he did that because he actually did do exactly
[01:49:09.160 --> 01:49:10.720]  what you said he did.
[01:49:10.720 --> 01:49:18.360]  So yeah, you can make the argument that he's doing everything short of saying, I did not
[01:49:18.360 --> 01:49:21.000]  do it.
[01:49:21.000 --> 01:49:23.840]  But you can't say that he made a judicial admission.
[01:49:23.840 --> 01:49:24.840]  Yeah.
[01:49:24.840 --> 01:49:30.960]  I have a friend who knows—that's great, I mean, I have a friend who knows this particular
[01:49:30.960 --> 01:49:36.920]  company or something, he said there's a lot of hoopla around their hoaxiness and their
[01:49:36.920 --> 01:49:43.360]  misspending of expenditures and funds, but he said that—he suggested that potentially
[01:49:43.360 --> 01:49:47.000]  they're doing everything they can not to settle with me because they don't want their books
[01:49:47.000 --> 01:49:54.760]  open, because they're so hoaxy, because they have so much misspenditure of their monies.
[01:49:54.760 --> 01:50:00.280]  So that's what I'm up against, a paranoid company, you know, who's just a—
[01:50:00.280 --> 01:50:01.280]  Yeah.
[01:50:01.280 --> 01:50:05.800]  You can turn around and even though this is—you can say that you have information that would
[01:50:05.800 --> 01:50:10.400]  lead you to believe that this company is essentially cooking the books, and that's why they're
[01:50:10.400 --> 01:50:18.560]  trying to avoid all of this, is because they don't want any oversight over exactly how
[01:50:18.560 --> 01:50:20.680]  they're operating the company.
[01:50:20.680 --> 01:50:24.240]  So yeah, and raise the eye.
[01:50:24.240 --> 01:50:27.340]  In the fact that you put it in there, now they're going to have to either come back
[01:50:27.340 --> 01:50:33.440]  and say, you know, oh yeah, we'll give you the books when you do discovery later, but
[01:50:33.440 --> 01:50:38.520]  you can always indicate that this is a potential—you know, that's an argument.
[01:50:38.520 --> 01:50:40.040]  You're not saying it's a fact.
[01:50:40.040 --> 01:50:44.720]  What you're saying is that it's believed that this is occurring.
[01:50:44.720 --> 01:50:45.720]  That's an allegation.
[01:50:45.720 --> 01:50:48.360]  You have reason to believe and do believe.
[01:50:48.360 --> 01:50:49.360]  That's enough.
[01:50:49.360 --> 01:50:54.000]  Yeah, there's actually tax records on that particular site, because they had already
[01:50:54.000 --> 01:50:55.660]  come into question before.
[01:50:55.660 --> 01:50:59.080]  They didn't get full clearance, but they already had come up against some questioning,
[01:50:59.080 --> 01:51:01.840]  and they tried to defend themselves in public all over the place.
[01:51:01.840 --> 01:51:06.320]  So it's not that this—and there's like hundreds and hundreds of articles regarding
[01:51:06.320 --> 01:51:10.440]  this particular organization and their misspenditure and hoaxiness.
[01:51:10.440 --> 01:51:14.160]  But don't be sidetracked.
[01:51:14.160 --> 01:51:17.240]  Oh, wait a minute.
[01:51:17.240 --> 01:51:23.020]  Their poor accounting is public knowledge.
[01:51:23.020 --> 01:51:29.440]  Well, it's questioned about how it's—yeah, it is public knowledge.
[01:51:29.440 --> 01:51:34.100]  You can bring public knowledge.
[01:51:34.100 --> 01:51:37.400]  But you don't want to bring it in the motion to dismiss, because it really has nothing
[01:51:37.400 --> 01:51:38.940]  to do with it.
[01:51:38.940 --> 01:51:43.360]  You can open the door to start discussing it, but you don't necessarily want to go
[01:51:43.360 --> 01:51:46.080]  to the argument, because now's not the time.
[01:51:46.080 --> 01:51:47.080]  Gotcha.
[01:51:47.080 --> 01:51:54.280]  I was going to say objection relevance— Yeah, each motion has a goal.
[01:51:54.280 --> 01:51:57.600]  Every objection to a motion they file, you have a goal.
[01:51:57.600 --> 01:51:59.520]  You always want to seek out that goal.
[01:51:59.520 --> 01:52:05.200]  Now a secondary goal might be to start to open the door to give them reasons to make
[01:52:05.200 --> 01:52:16.780]  a deal, but you don't want to necessarily, you know, start a, you know, large argument
[01:52:16.780 --> 01:52:23.200]  about an issue that you can't do anything about yet, because it's not time.
[01:52:23.200 --> 01:52:25.040]  It's premature to do that.
[01:52:25.040 --> 01:52:26.040]  Gotcha.
[01:52:26.040 --> 01:52:28.280]  Well, thank you so much, guys.
[01:52:28.280 --> 01:52:32.040]  I want to give you some more time to call from another caller, and I appreciate everything.
[01:52:32.040 --> 01:52:36.200]  And I'll give you guys a donation, and I'll send you that extra grievance again tonight.
[01:52:36.200 --> 01:52:38.760]  So thank you so much, Ken and Randy.
[01:52:38.760 --> 01:52:39.760]  You're welcome.
[01:52:39.760 --> 01:52:40.960]  Good, good.
[01:52:40.960 --> 01:52:42.600]  We need lots of grievances.
[01:52:42.600 --> 01:52:46.920]  So in order to make us happy, you may have to write a bunch more grievances.
[01:52:46.920 --> 01:52:53.720]  It looks like they're on their way for another one soon.
[01:52:53.720 --> 01:52:54.720]  Okay.
[01:52:54.720 --> 01:52:56.600]  Thank you, Zsa Zsa.
[01:52:56.600 --> 01:52:57.600]  Thank you.
[01:52:57.600 --> 01:52:58.600]  Okay.
[01:52:58.600 --> 01:53:03.520]  We have one more caller, Ramon in Texas.
[01:53:03.520 --> 01:53:08.160]  Ramon, you got about three minutes, because I'm going to want Ken to have time to close
[01:53:08.160 --> 01:53:09.160]  out.
[01:53:09.160 --> 01:53:12.160]  What do you got for us, Ramon?
[01:53:12.160 --> 01:53:13.160]  Oh.
[01:53:13.160 --> 01:53:14.160]  Hey, Randy.
[01:53:14.160 --> 01:53:15.160]  Quickly.
[01:53:15.160 --> 01:53:16.160]  Yeah.
[01:53:16.160 --> 01:53:17.160]  Yeah.
[01:53:17.160 --> 01:53:18.160]  I just wanted to...
[01:53:18.160 --> 01:53:25.600]  Well, I was really just wanting to say a comment on your caller, but I can wait if you want
[01:53:25.600 --> 01:53:26.600]  to just...
[01:53:26.600 --> 01:53:27.600]  No, no.
[01:53:27.600 --> 01:53:32.000]  We've got five minutes, and I wanted to give Ken a couple of minutes at the end to kind
[01:53:32.000 --> 01:53:33.000]  of close out.
[01:53:33.000 --> 01:53:34.000]  That's all.
[01:53:34.000 --> 01:53:35.000]  Oh, okay.
[01:53:35.000 --> 01:53:41.640]  Well, just wanted to touch base with you on that whole situation with the last statement
[01:53:41.640 --> 01:53:42.640]  that I received.
[01:53:42.640 --> 01:53:43.640]  It was basically...
[01:53:43.640 --> 01:53:49.320]  It had documented how long it's been as far as over the four-year statute of limitations.
[01:53:49.320 --> 01:53:50.320]  Okay.
[01:53:50.320 --> 01:53:51.320]  Yeah.
[01:53:51.320 --> 01:53:52.320]  Okay.
[01:53:52.320 --> 01:53:54.720]  So, have you written a motion to...
[01:53:54.720 --> 01:53:55.720]  Okay.
[01:53:55.720 --> 01:54:00.480]  They're not actually foreclosing.
[01:54:00.480 --> 01:54:02.360]  They're just threatening to.
[01:54:02.360 --> 01:54:03.360]  Well...
[01:54:03.360 --> 01:54:05.160]  Is that the...
[01:54:05.160 --> 01:54:06.160]  Yes, sir.
[01:54:06.160 --> 01:54:07.160]  Correct.
[01:54:07.160 --> 01:54:08.160]  Correct.
[01:54:08.160 --> 01:54:09.160]  Okay.
[01:54:09.160 --> 01:54:15.760]  It's time to go to them and say, look, guys, here is the problem that you have, and here's
[01:54:15.760 --> 01:54:25.480]  the issue I'm going to bring, and very good chance I'm going to win this.
[01:54:25.480 --> 01:54:30.920]  Make me a deal, because there's a very good chance you won't win it unless you have a
[01:54:30.920 --> 01:54:31.920]  lawyer.
[01:54:31.920 --> 01:54:36.240]  If you have a lawyer, then let the lawyer handle it, because there's a good chance you
[01:54:36.240 --> 01:54:40.640]  can win this with a lawyer.
[01:54:40.640 --> 01:54:41.840]  Can there...
[01:54:41.840 --> 01:54:47.440]  Over four years since they declared him in default.
[01:54:47.440 --> 01:54:57.840]  If there's a statutory prohibition, what they're doing is they're threatening a frivolous lawsuit.
[01:54:57.840 --> 01:54:58.840]  Yeah.
[01:54:58.840 --> 01:54:59.840]  No.
[01:54:59.840 --> 01:55:01.840]  What they were trying to do...
[01:55:01.840 --> 01:55:06.320]  What they were trying to do is con him into making a payment.
[01:55:06.320 --> 01:55:07.320]  Yeah.
[01:55:07.320 --> 01:55:08.320]  Don't do it.
[01:55:08.320 --> 01:55:10.320]  How much did they ask you to send them?
[01:55:10.320 --> 01:55:19.160]  Well, the balance has been brought down to $60,000 pay in full, or make a payment of
[01:55:19.160 --> 01:55:21.600]  like $1,100 on a certain...
[01:55:21.600 --> 01:55:22.600]  Yeah.
[01:55:22.600 --> 01:55:23.600]  It ain't...
[01:55:23.600 --> 01:55:24.600]  In a month...
[01:55:24.600 --> 01:55:25.600]  Yeah.
[01:55:25.600 --> 01:55:30.120]  If he makes that payment, the clock starts all over again.
[01:55:30.120 --> 01:55:31.960]  They were setting him up.
[01:55:31.960 --> 01:55:32.960]  Yeah.
[01:55:32.960 --> 01:55:41.280]  So it went from, let's just say, over $100,000 to $60,000 to $1,100, and we're all friends
[01:55:41.280 --> 01:55:42.280]  again.
[01:55:42.280 --> 01:55:43.280]  Yeah.
[01:55:43.280 --> 01:55:46.800]  So now you're in a good spot.
[01:55:46.800 --> 01:55:52.240]  I'd put a letter together and send him the fact that the statute of limitations is over
[01:55:52.240 --> 01:55:57.560]  on that issue, and that you're going to essentially file a bar grievance against him if he sends
[01:55:57.560 --> 01:56:04.480]  you another letter or attempts to essentially simulate a legal process.
[01:56:04.480 --> 01:56:11.480]  And with the Santiago Mackey case, you sue the crapola out of him if he files any documentation
[01:56:11.480 --> 01:56:13.400]  in the case.
[01:56:13.400 --> 01:56:18.640]  Now when you say here, you're referring or inferring to a lawyer for the other party
[01:56:18.640 --> 01:56:19.640]  because it's...
[01:56:19.640 --> 01:56:20.640]  Yes.
[01:56:20.640 --> 01:56:21.640]  It's not...
[01:56:21.640 --> 01:56:22.640]  You don't...
[01:56:22.640 --> 01:56:23.640]  You never talk to the other party.
[01:56:23.640 --> 01:56:24.640]  You talk to their lawyers.
[01:56:24.640 --> 01:56:26.000]  It's the lawyer.
[01:56:26.000 --> 01:56:27.880]  The lawyer sent you the letter.
[01:56:27.880 --> 01:56:31.120]  He shouldn't have ever sent you the letter because of the statute of limitations.
[01:56:31.120 --> 01:56:37.560]  Well, actually, it's just a statement from an alleged debt company.
[01:56:37.560 --> 01:56:39.120]  Oh, okay.
[01:56:39.120 --> 01:56:43.240]  Oh, file a complaint with the state on that, the attorney general.
[01:56:43.240 --> 01:56:45.040]  They're not allowed to send you those letters.
[01:56:45.040 --> 01:56:46.040]  Yeah.
[01:56:46.040 --> 01:56:47.040]  The FDCPA...
[01:56:47.040 --> 01:56:51.040]  That letter is decent at this.
[01:56:51.040 --> 01:56:52.040]  Okay.
[01:56:52.040 --> 01:56:53.840]  That makes sense.
[01:56:53.840 --> 01:56:56.160]  That could get an FDCPA suit.
[01:56:56.160 --> 01:56:57.160]  Yeah.
[01:56:57.160 --> 01:57:02.600]  But at least it begins a trial of paperwork for me to bill the case on.
[01:57:02.600 --> 01:57:03.600]  Yes.
[01:57:03.600 --> 01:57:04.600]  Right.
[01:57:04.600 --> 01:57:07.160]  You always want to lay a paper trail.
[01:57:07.160 --> 01:57:08.160]  Okay.
[01:57:08.160 --> 01:57:09.160]  Thank you, Ramon.
[01:57:09.160 --> 01:57:10.160]  Great.
[01:57:10.160 --> 01:57:11.160]  Thank you.
[01:57:11.160 --> 01:57:12.160]  Thank you.
[01:57:12.160 --> 01:57:13.160]  Thank you.
[01:57:13.160 --> 01:57:18.140]  You want to kind of close out, Ken, about basically what should people understand if
[01:57:18.140 --> 01:57:20.920]  they're looking at family court.
[01:57:20.920 --> 01:57:27.000]  Well, unfortunately, three minutes isn't going to do it, but there's a more important issue.
[01:57:27.000 --> 01:57:28.320]  Elections are ongoing right now.
[01:57:28.320 --> 01:57:30.360]  Actually, you only got a minute.
[01:57:30.360 --> 01:57:31.360]  Okay.
[01:57:31.360 --> 01:57:34.320]  We're going to talk about the elections then because there's no way I can address the other
[01:57:34.320 --> 01:57:36.200]  issue in that time.
[01:57:36.200 --> 01:57:41.520]  It's important for people to vote regardless of whether or not you like the candidates.
[01:57:41.520 --> 01:57:42.520]  You pick one.
[01:57:42.520 --> 01:57:47.720]  The idea is otherwise people get to go to office and spend your money without you having
[01:57:47.720 --> 01:57:49.200]  any say in it.
[01:57:49.200 --> 01:57:52.400]  So participate, that's the whole idea of this country.
[01:57:52.400 --> 01:57:54.320]  So go and vote.
[01:57:54.320 --> 01:57:55.320]  Absolutely.
[01:57:55.320 --> 01:58:00.880]  If you don't vote, you don't have a say.
[01:58:00.880 --> 01:58:01.880]  Right.
[01:58:01.880 --> 01:58:05.480]  I don't want to hear the bitching and moaning later.
[01:58:05.480 --> 01:58:12.720]  Frustrating when we hear that this country who essentially started this procedure gets
[01:58:12.720 --> 01:58:16.280]  11 percent of the public to vote.
[01:58:16.280 --> 01:58:18.280]  That is absolutely shameful.
[01:58:18.280 --> 01:58:20.280]  So go vote.
[01:58:20.280 --> 01:58:21.280]  Okay.
[01:58:21.280 --> 01:58:29.680]  This is Randy Kelton and Deborah Stevens with our special guest, Ken Magnusson, and thank
[01:58:29.680 --> 01:58:31.240]  you, Ken, for being here.
[01:58:31.240 --> 01:58:33.240]  It's a great show.
[01:58:33.240 --> 01:58:39.120]  We won't be here tomorrow, we'll have to put in an archive.
[01:58:39.120 --> 01:58:42.560]  We're having a technical issue, so we won't be able to do a live broadcast tomorrow.
[01:58:42.560 --> 01:58:45.240]  But we'll be back next week with our live show.
[01:58:45.240 --> 01:58:46.240]  Thank you all for listening.
[01:58:46.240 --> 01:58:48.240]  We'll be back next week.
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