[00:00.000 --> 00:08.160]  This is The Liberty Beat, your daily source for Liberty News and activist updates online
[00:08.160 --> 00:09.880]  at TheLibertyBeat.com.
[00:09.880 --> 00:14.720]  I'm Brian Hagan with your Liberty Beat for Thursday, November 13, 2014.
[00:14.720 --> 00:22.760]  Gold is trading around $1,168, silver around $15.66 and bitcoin around $450.
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[00:59.080 --> 01:03.040]  In the news, top St. Louis City and County officials are urging residents to remain
[01:03.040 --> 01:07.600]  calm once a grand jury decision in the Michael Brown case is announced.
[01:07.600 --> 01:12.520]  St. Louis County Executive Charlie Dooley and St. Louis Mayor Francis Sway sent at a joint
[01:12.520 --> 01:16.920]  news conference Wednesday that while protesters' civil rights will be respected, looting and
[01:16.920 --> 01:19.120]  violence will not be tolerated.
[01:19.120 --> 01:23.320]  Dooley says much progress in regional race relations has been made in the three months
[01:23.320 --> 01:28.880]  since Brown, who was black, was shot by Ferguson police officer Darren Wilson, who was white.
[01:28.880 --> 01:32.800]  According to the Associated Press, the grand jury weighing whether to charge Wilson is
[01:32.800 --> 01:37.320]  expected to make a decision this month.
[01:37.320 --> 01:41.640]  Beginning next year, Boulder County, Colorado will charge cannabis growers a fee that will
[01:41.640 --> 01:43.560]  be used to offset climate change.
[01:43.560 --> 01:48.800]  The county will begin charging $2.16 per kilowatt hour for electricity used to grow
[01:48.800 --> 01:50.440]  the newly legal plants.
[01:50.440 --> 01:53.880]  The fees average about $100 per kilogram of the final plant.
[01:53.880 --> 02:00.320]  Local officials have said the growers use more electricity than any other industry.
[02:00.320 --> 02:04.360]  On Wednesday, the Fix the Court campaign was launched to spread awareness on a lack of
[02:04.360 --> 02:08.000]  transparency and accountability in the United States Supreme Court.
[02:08.000 --> 02:13.760]  The advertising campaign launched FixtheCourt.com as well as ads on Fox and MSNBC, calling for
[02:13.760 --> 02:19.160]  annual financial disclosures filed online, advance notice of justice's public appearances
[02:19.160 --> 02:22.440]  and more access for media and the public in the courtroom.
[02:22.440 --> 02:26.600]  The campaign also wants justices to explain the reasoning behind recusing themselves
[02:26.600 --> 02:27.600]  from cases.
[02:27.600 --> 02:32.200]  The Liberty Beat is brought to you by Marjorie Wildcraft's Grow Your Own Groceries, homegrown
[02:32.200 --> 02:33.880]  food on every table.
[02:33.880 --> 02:36.120]  That's growyourowngroceries.org.
[02:36.120 --> 02:40.640]  Support also comes from Central Texas Gun Works, your online source for firearms, firearm
[02:40.640 --> 02:42.800]  accessories and ammunition.
[02:42.800 --> 02:46.000]  They take major credit cards and now accept Bitcoin.
[02:46.000 --> 02:50.120]  Visit them online at Shop.CentralTexasGunWorks.com.
[02:50.120 --> 02:53.720]  This is the Liberty Beat for Thursday, November 13, 2014.
[02:53.720 --> 02:58.080]  Check out the website at thelibertybeat.com and like us on Facebook at facebook.com
[02:58.080 --> 03:24.080]  slash The Liberty Beat.
[03:24.080 --> 03:31.080]  The Liberty Beat is brought to you by Marjorie Wildcraft.
[03:54.080 --> 04:04.080]  The Liberty Beat is brought to you by Marjorie Wildcraft.
[04:04.080 --> 04:15.080]  The Liberty Beat is brought to you by Marjorie Wildcraft.
[04:15.080 --> 04:35.080]  The Liberty Beat is brought to you by Marjorie Wildcraft.
[04:35.080 --> 04:51.640]  I have two or three people I expect to call in tonight with some issues they've been emailing
[04:51.640 --> 04:58.080]  me about, but I wanted to start out by talking about some of the things we've got going on
[04:58.080 --> 05:02.520]  in the courts up here in Tarrant County.
[05:02.520 --> 05:14.840]  Talk last week about a district judge, a judge, Sinha in the family court, that he was pulling
[05:14.840 --> 05:24.520]  your standard family court shenanigans with a woman that was, her husband was an ex-fire
[05:24.520 --> 05:30.640]  chief and apparently had connections and he had money.
[05:30.640 --> 05:37.520]  She had none, apparently he liquidated their assets before he filed for divorce so he could
[05:37.520 --> 05:44.880]  leave her broke so he could have everything for his girlfriend and whenever you have one
[05:44.880 --> 05:52.360]  client with money and another client without money, the client without money goes by the
[05:52.360 --> 05:57.440]  golden rules, the ones that's got the gold makes the rule and the other one gets the
[05:57.440 --> 06:09.120]  shaft and they were pretty well working over and they came to us, Ken and I.
[06:09.120 --> 06:18.560]  One of the, a lawyer for the county, apparently the county has a section that collects child
[06:18.560 --> 06:19.800]  support.
[06:19.800 --> 06:26.680]  The woman was taking care of her, doing hospice care for her father who was dying of cancer
[06:26.680 --> 06:33.400]  and was unable to work and they were pushing, they took a 16 year old daughter from her
[06:33.400 --> 06:43.200]  and was forcing her to pay child support which she could not pay and a Friday before a final
[06:43.200 --> 06:54.800]  hearing was scheduled on I think the next Tuesday or Wednesday, the lawyer for the county
[06:54.800 --> 07:05.840]  filed a motion with the court asking the court to revoke this woman's or to, she was on,
[07:05.840 --> 07:14.600]  she was being held under contempt of court for not paying, let me think how this exactly
[07:14.600 --> 07:15.600]  worked.
[07:15.600 --> 07:22.920]  She wasn't able to pay child support and she was on a work release program where she
[07:22.920 --> 07:27.400]  could work for the county to pay off part of it or something, I'm not sure exactly
[07:27.400 --> 07:36.760]  how that worked but the lawyer for the county on a Friday before the hearing the next week
[07:36.760 --> 07:46.600]  petitioned for the court to revoke her community service and issue a warrant for her arrest.
[07:46.600 --> 07:51.000]  They received that, it was either Thursday or Friday they received the motion and they
[07:51.000 --> 07:57.560]  issued the, the judge issued the warrant the same day, kind of a standard practice in the
[07:57.560 --> 08:06.920]  family courts, they just kind of do whatever they want to do without regard for what the
[08:06.920 --> 08:13.160]  law is because most people don't know what the law is but this woman had a champion
[08:13.160 --> 08:21.200]  on her side and the champion that was on her side, she's just a woman that was not
[08:21.200 --> 08:30.760]  in a divorce issue but was helping people who were and she's the one that contacted
[08:30.760 --> 08:37.520]  Ken and I and we looked at the case and Ken was more familiar with family law than I was
[08:37.520 --> 08:44.040]  and he found the problems with the filing.
[08:44.040 --> 08:52.400]  So he got the problems to me, he got the codes and apparently the code in family court requires
[08:52.400 --> 09:02.200]  that in the case of a hearing that will affect the liberty of one of the litigants, the litigant
[09:02.200 --> 09:09.320]  must be represented by counsel and there must be notice and a hearing.
[09:09.320 --> 09:18.760]  Well the judge received the motion and granted the motion, issued the order at the same day.
[09:18.760 --> 09:26.080]  So this is not something he can dance around, it's right there in the public record that
[09:26.080 --> 09:30.680]  he did this and then the code is very clear that he's required to give her seven days
[09:30.680 --> 09:36.440]  notice, if she doesn't have counsel they must appoint counsel and just prior to this there
[09:36.440 --> 09:42.720]  was a petition by her court appointed counsel to be removed from the case and the judge
[09:42.720 --> 09:48.080]  granted the petition for withdrawal.
[09:48.080 --> 09:52.640]  So the judge absolutely knew she was without counsel, they did this on purpose, this is
[09:52.640 --> 09:58.480]  kind of a standard maneuver that the courts use.
[09:58.480 --> 10:06.440]  Well when I looked at it, I just kind of walked down the code and put together six or eight
[10:06.440 --> 10:15.240]  criminal charges against the judge, against the lawyer who filed the motion with the judge
[10:15.240 --> 10:20.080]  and some against the jailers because they arrested this woman and beat her up in the
[10:20.080 --> 10:26.120]  jail, threw her down some stairs, had taken her to the hospital.
[10:26.120 --> 10:32.680]  She was arrested on Friday, Friday evening, her brother posted bail, they didn't let her
[10:32.680 --> 10:38.800]  out till Sunday after they had beat her up, took her to the hospital and they abused her
[10:38.800 --> 10:44.880]  so badly in the hospital that she filed federal sexual assault charges against the hospital
[10:44.880 --> 10:55.400]  staff and all of this, the jailers repeatedly referenced Judge Sinha.
[10:55.400 --> 11:02.680]  So we filed a habeas corpus and I just went and looked at the record today.
[11:02.680 --> 11:10.040]  We filed a habeas corpus, the judge denied it, the woman appealed the habeas and I looked
[11:10.040 --> 11:16.480]  in the record today and the court of appeals approved the habeas.
[11:16.480 --> 11:23.120]  We funded her bond, took her off of bond, we filed a motion to disqualify the judge,
[11:23.120 --> 11:27.760]  the administrative judge of the district dismissed it without a hearing, we filed a judicial
[11:27.760 --> 11:34.560]  conduct complaint against him, he retired, he was really retired anyway, then another
[11:34.560 --> 11:47.240]  judge took his place, Judge Hughes I think and he denied the disqualification without
[11:47.240 --> 11:54.160]  hearing and filed a, I'm not exactly sure exactly how all of that happened but it wound
[11:54.160 --> 12:00.200]  up that we filed a judicial conduct complaint against the incoming head administrative judge
[12:00.200 --> 12:06.920]  of the district because of him entering a ruling without a hearing on the matter.
[12:06.920 --> 12:15.800]  And then he held a motion to reconsider, held a hearing on that.
[12:15.800 --> 12:22.320]  But Ken and I, at least it's Ken's opinion that this head administrative judge of the
[12:22.320 --> 12:31.800]  district has aspirations to run for the Texas Supreme Court.
[12:31.800 --> 12:37.320]  And he gets in his head, gets appointed as head administrative judge, the first thing
[12:37.320 --> 12:44.080]  he does is gets a judicial conduct complaint from us and I get the impression he was not
[12:44.080 --> 12:54.480]  happy because that's going to stain his record in trying to get in as a Supreme Court judge.
[12:54.480 --> 13:06.480]  So in this hearing he, we had filed a petition for court of inquiry under Chapter 51, Code
[13:06.480 --> 13:16.200]  of Criminal Procedure, everybody should be familiar with that one, in this case the judge
[13:16.200 --> 13:25.680]  before the judge was, after we filed a motion to disqualify before it was dismissed immediately
[13:25.680 --> 13:33.240]  and then the judge ruled against this woman on everything, did that quickly.
[13:33.240 --> 13:44.560]  So now it appears as though the case has been adjudicated, ruled against her, ruled on everything
[13:44.560 --> 13:53.280]  except one, the court of inquiry, he just ignored that.
[13:53.280 --> 14:01.840]  And when she filed a motion to disqualify that was stated specifically, it was a motion
[14:01.840 --> 14:09.840]  to disqualify and was not to be construed as a motion to recuse.
[14:09.840 --> 14:16.920]  And then I just went down to the court today and read the judge's response to it and he
[14:16.920 --> 14:28.520]  asserted that there was no claim for disqualification and he went through all of the state disqualification
[14:28.520 --> 14:29.520]  issues.
[14:29.520 --> 14:39.040]  There had to be an attorney adverse to the client in this case, he had to be a member
[14:39.040 --> 14:45.520]  of the law firm who was representing the other party or associated with the law firm and
[14:45.520 --> 14:52.080]  there was one other thing, all of those went to state disqualifications.
[14:52.080 --> 14:59.040]  What he failed to address was the fact that the disqualification was petitioned under
[14:59.040 --> 15:06.600]  the constitutional due process right and that's a constitutional disqualification.
[15:06.600 --> 15:09.040]  He didn't address that at all.
[15:09.040 --> 15:16.680]  Well, apparently the head administrative judge noticed that and since we had already filed
[15:16.680 --> 15:21.080]  a motion to disqualify, a motion to recuse him, I mean, I'm sorry, introduced a kind
[15:21.080 --> 15:26.600]  of complaint against him, he was not a happy camper.
[15:26.600 --> 15:36.560]  He came into the court in this motion for reconsideration and he severed the court
[15:36.560 --> 15:37.560]  of inquiry.
[15:37.560 --> 15:45.720]  He stated that there was no matters in issue before the district court from which the judge
[15:45.720 --> 15:51.600]  was being recused and that was an argument that the judge made that there was nothing
[15:51.600 --> 15:58.160]  to be adjudicated so the motion to recuse was moved and that was nonsense.
[15:58.160 --> 16:04.760]  But the judge said there was an issue before the court, the court of inquiry and because
[16:04.760 --> 16:15.640]  of that, he maintained that since the motion to disqualify was filed five days before the
[16:15.640 --> 16:25.160]  petition for court of inquiry that the judge did not have time to recuse himself.
[16:25.160 --> 16:32.240]  So at this hearing he didn't recuse the judge but merely stated that he didn't have time
[16:32.240 --> 16:38.960]  to recuse himself and then he sent a letter to the judge notifying the judge of what he
[16:38.960 --> 16:39.960]  had done.
[16:39.960 --> 16:45.720]  We're talking about the politics here and I'll get back to this when we come back on
[16:45.720 --> 16:46.720]  the other side.
[16:46.720 --> 16:54.760]  I call in number 512-646-1984, a call in lines are open, give us a call, we'll be taking
[16:54.760 --> 17:00.760]  your calls all night, we'll be right back.
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[19:28.200 --> 19:29.200]  We are back.
[19:29.200 --> 19:44.160]  We are talking about family courts in Tarrant County.
[19:44.160 --> 19:53.320]  What the head administrative judge did at this hearing was, since the court of inquiry
[19:53.320 --> 20:02.440]  issue had not been addressed, he severed the court of inquiry issue from the case and assigned
[20:02.440 --> 20:05.640]  it to a separate court.
[20:05.640 --> 20:16.720]  And he told the litigant that as to the criminal allegations made in the documentation that
[20:16.720 --> 20:21.920]  she should file those with the grand jury.
[20:21.920 --> 20:25.520]  When I heard this, I almost couldn't believe it.
[20:25.520 --> 20:34.360]  The head administrative judge of the district because he wants to look like a good guy.
[20:34.360 --> 20:44.760]  And when he read our pleadings, our pleadings were complete, well documented, and well cited.
[20:44.760 --> 20:50.800]  Even though he considered her pro se, the documentation was better than what the lawyers
[20:50.800 --> 20:53.720]  on the other side was filing.
[20:53.720 --> 20:59.080]  I think he felt like this is very likely to come back and haunt him if he runs for the
[20:59.080 --> 21:01.480]  Supreme Court.
[21:01.480 --> 21:10.560]  So in order for this judge to preserve his option of running for Supreme Court justice,
[21:10.560 --> 21:15.760]  he threw Judge Sinha under the bus big time.
[21:15.760 --> 21:21.280]  But he noticed the judge, he didn't recuse the judge, but he noticed the judge that the
[21:21.280 --> 21:28.160]  judge did not have time to recuse himself, and yes he did.
[21:28.160 --> 21:36.200]  Because when we filed a motion to disqualify in court, the woman specifically demanded
[21:36.200 --> 21:41.640]  that he stand down from the bench and he refused.
[21:41.640 --> 21:48.080]  So head administrative judge of the district was trying to thread the needle.
[21:48.080 --> 21:55.280]  He didn't recuse the judge or disqualify the judge, but gave the judge opportunity to recuse
[21:55.280 --> 21:59.680]  himself, which he did immediately.
[21:59.680 --> 22:05.240]  They pointed another judge, I just went and looked at the records today, and this second
[22:05.240 --> 22:12.720]  judge has recused himself because of his relationship with the first judge.
[22:12.720 --> 22:16.200]  I looked for the records, I just knew the woman's first name and last name, I didn't
[22:16.200 --> 22:23.000]  know her middle name or the cause number.
[22:23.000 --> 22:27.360]  And when I told her the names, there's a whole bunch of them in there.
[22:27.360 --> 22:32.120]  And I gave him a few details and the guy said, oh here it is.
[22:32.120 --> 22:39.200]  And the way I found it is this one had a whole lot of judges that had presided over it, and
[22:39.200 --> 22:46.680]  he was right, this case is about six inches thick so far.
[22:46.680 --> 22:54.040]  And with the Court of Inquiry, they're at the point where everything can be thrown out.
[22:54.040 --> 23:01.700]  They could well start all over again, and the point of the whole thing is, we decode
[23:01.700 --> 23:09.120]  hold them to code, use the tools you have available.
[23:09.120 --> 23:19.120]  It appears as though the one thing that got this judge to do the right thing, or at least
[23:19.120 --> 23:26.560]  to pay attention to the documentation and do something, was the Geisha Kanda complaint
[23:26.560 --> 23:30.320]  we filed against him.
[23:30.320 --> 23:36.480]  This became personal and stung his record, had nothing to do with the law or the right
[23:36.480 --> 23:42.160]  of things or the proper adjudication of cases, they could care less.
[23:42.160 --> 23:48.320]  It had everything to do with politics.
[23:48.320 --> 23:58.160]  And if there's one thing I can give people to understand is we have to shift our focus
[23:58.160 --> 24:00.520]  from the rule of law to the politics.
[24:00.520 --> 24:07.560]  I know the name of the show is Rule of Law Radio, and we have for the past several years
[24:07.560 --> 24:12.760]  been talking about the rule of law, and yes, you do need to know and understand the rule
[24:12.760 --> 24:16.400]  of law.
[24:16.400 --> 24:25.360]  But you need to know and understand the rule of law so that you can use that rule of law
[24:25.360 --> 24:30.600]  to affect the politics in the case.
[24:30.600 --> 24:37.680]  It has been for me over time a paradigm shift.
[24:37.680 --> 24:48.400]  I started out operating under the misconception that this was a country governed by rule of
[24:48.400 --> 24:51.200]  law.
[24:51.200 --> 24:55.120]  It is no such thing.
[24:55.120 --> 25:03.800]  It is a country governed by politics, just like every other country in the world, today
[25:03.800 --> 25:09.400]  and just like every other country all through history.
[25:09.400 --> 25:16.960]  The law is just something out there to use to placate the public with.
[25:16.960 --> 25:22.160]  And to keep the small fishes in line, the big fish can use the law against the little
[25:22.160 --> 25:27.120]  fish, the little fish cannot use the law against the big fish.
[25:27.120 --> 25:31.400]  That's the way it is, that's the way it's always been.
[25:31.400 --> 25:35.920]  And that's not going to change anytime soon.
[25:35.920 --> 25:46.600]  So if we are to achieve some remedy, some justice, we have to get a lot smarter.
[25:46.600 --> 25:54.480]  We have to understand some basic principles that you will never be taught in high school
[25:54.480 --> 25:58.000]  or even law school.
[25:58.000 --> 26:01.360]  It's not about the rule of law.
[26:01.360 --> 26:05.760]  It's about the immediate politics.
[26:05.760 --> 26:13.800]  Every judge out there is going to rule based on the politics that keep going back to the
[26:13.800 --> 26:21.680]  miracle on 54th Street, where this guy shows up and claims he's Santa Claus and he's working
[26:21.680 --> 26:24.520]  for Macy's.
[26:24.520 --> 26:33.120]  And it winds up they take him to trial and they want to get him a judged insane.
[26:33.120 --> 26:46.000]  And if you remember the movie, consider why the judge ruled in his favor.
[26:46.000 --> 26:56.080]  The implication was that, well, how the story went, the lawyer got contacted by the post
[26:56.080 --> 27:01.040]  office and said, since your client is Santa Claus, we've got stacks of letters in the
[27:01.040 --> 27:06.440]  dead letter file to Santa Claus and we don't know where to send them.
[27:06.440 --> 27:07.840]  And the lawyer got an idea.
[27:07.840 --> 27:09.520]  He said, well, he's Santa Claus.
[27:09.520 --> 27:13.480]  You can deliver them here to the court.
[27:13.480 --> 27:17.720]  So they delivered them to the court and the lawyer told the judge that he had some letters
[27:17.720 --> 27:22.480]  here that would prove that he was Santa Claus.
[27:22.480 --> 27:27.240]  So he said, bring them here and put them on the bench.
[27:27.240 --> 27:32.480]  And the post office comes in with six bags of letters and they dump them on his bench
[27:32.480 --> 27:36.280]  and he pushes all the letters out of the way.
[27:36.280 --> 27:45.160]  And the whole time he has a campaign advisor chirping in his ear, you can't rule against
[27:45.160 --> 27:46.440]  Santa Claus.
[27:46.440 --> 27:50.240]  You will never get elected again.
[27:50.240 --> 27:55.920]  And then when they bring all these letters, his campaign advisor told him that now he
[27:55.920 --> 28:05.160]  could, since the post office decided that he was Santa Claus, who was this judge to
[28:05.160 --> 28:11.560]  go against the United States Postal Service and ruled that the guy was Santa Claus.
[28:11.560 --> 28:18.400]  Had absolutely nothing to do with rule of law, the right of things.
[28:18.400 --> 28:23.400]  Had everything to do with politics.
[28:23.400 --> 28:32.200]  Now frankly, the judge needed something he could use to give a parent standing for the
[28:32.200 --> 28:38.240]  political ruling he wanted to give, but in the end it's about politics.
[28:38.240 --> 28:46.760]  So if you're in a case or if you know someone who has a case before the courts, you have
[28:46.760 --> 28:50.720]  to understand it's all about politics.
[28:50.720 --> 28:57.680]  You have to know the law and be able to invoke the law in order to influence the politics.
[28:57.680 --> 29:01.880]  But in the end it's about politics.
[29:01.880 --> 29:06.680]  One of the reasons we suggest bar grievance is a judicial conduct complaints.
[29:06.680 --> 29:11.240]  These are political tools lawyers can't use.
[29:11.240 --> 29:17.240]  Only prosaise can use these tools and even if you're represented by counsel, their public
[29:17.240 --> 29:22.920]  servants, you're the master, you can still use those tools to gain political influence
[29:22.920 --> 29:29.240]  and give them reason to consider you the squeaky wheel that they want nothing more than to
[29:29.240 --> 29:33.240]  go away and leave them all alone.
[29:33.240 --> 29:43.000]  This is Randy Kelton, Douglas Stevens, rule of law radio, our call in number, 512-646-1984.
[29:43.000 --> 29:44.000]  Give us a call.
[29:44.000 --> 29:46.600]  I don't have any calls when I come back on the other side.
[29:46.600 --> 29:52.840]  I'm going to go back into due process, something that I wanted to be able to go back to for
[29:52.840 --> 29:53.840]  quite a while.
[29:53.840 --> 29:57.840]  So give us a call, we'll be right back.
[29:57.840 --> 30:05.240]  Here in the US, a man's home used to be his castle.
[30:05.240 --> 30:09.240]  You'd need permission to enter or a compelling reason to break in like a search warrant.
[30:09.240 --> 30:13.240]  I'm Dr. Catherine Albrecht and I'll be back in just a moment to tell you how things have
[30:13.240 --> 30:15.200]  changed.
[30:15.200 --> 30:20.520]  Your search engine is watching you, recording all your searches and creating a massive database
[30:20.520 --> 30:22.600]  of your personal information.
[30:22.600 --> 30:23.600]  That's creepy.
[30:23.600 --> 30:25.600]  But it doesn't have to be that way.
[30:25.600 --> 30:28.720]  StartPage.com is the world's most private search engine.
[30:28.720 --> 30:33.360]  StartPage doesn't store your IP address, make a record of your searches or use tracking cookies
[30:33.360 --> 30:35.120]  and their third party certified.
[30:35.120 --> 30:39.440]  If you don't like big brothers spying on you, start over with StartPage.
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[30:42.040 --> 30:45.800]  StartPage.com, the world's most private search engine.
[30:45.800 --> 30:49.400]  Police are irresistible according to the Indiana Supreme Court.
[30:49.400 --> 30:53.880]  It recently ruled that citizens in that state cannot resist police entry to their homes
[30:53.880 --> 30:56.160]  even when the entry is illegal.
[30:56.160 --> 31:00.120]  The decision stems from a case where a man was stun gunned and arrested after trying
[31:00.120 --> 31:02.640]  to bar the police from his apartment.
[31:02.640 --> 31:07.400]  Justice Stephen David explained the majority decision, claiming citizen resistance is against
[31:07.400 --> 31:12.400]  public policy and is incompatible with modern Fourth Amendment jurisprudence.
[31:12.400 --> 31:16.840]  The Fourth Amendment to the U.S. Constitution guarantees citizens the right to be free from
[31:16.840 --> 31:18.480]  unreasonable searches and seizures.
[31:18.480 --> 31:23.400]  Seems to me it's the Indiana Supreme Court that's incompatible with the Fourth Amendment.
[31:23.400 --> 31:25.400]  I'm Dr. Catherine Albrecht.
[31:25.400 --> 31:51.400]  More news and information at CatherineAlbrecht.com.
[31:55.400 --> 32:02.400]  Call 888-910-4367 only at U.S.A.org.
[32:25.400 --> 32:40.120]  The Fourth Amendment to the U.S. Constitution guarantees citizens the right to be free from
[32:40.120 --> 33:03.120]  unreasonable searches and seizures.
[33:03.120 --> 33:21.120]  The Fourth Amendment to the U.S. Constitution guarantees citizens the right to be free from
[33:21.120 --> 33:41.120]  unreasonable searches and seizures.
[33:41.120 --> 34:01.120]  The Fourth Amendment to the U.S. Constitution guarantees citizens the right to be free from
[34:01.120 --> 34:29.120]  unreasonable searches and seizures.
[34:29.120 --> 34:31.120]  Today we are back.
[34:31.120 --> 34:34.120]  Randy Kelton, Deborah Stevens, rule of law radio.
[34:34.120 --> 34:41.120]  We don't have any callers so I'm going to go to another issue.
[34:41.120 --> 34:51.120]  We seem to be at a point in time at which we may be able to affect some powerful change.
[34:51.120 --> 34:55.120]  There's a lot of politics floating around right now.
[34:55.120 --> 35:02.120]  I'm sure anybody who's been listening to the news is aware of a Republican landslide.
[35:02.120 --> 35:09.120]  And the Republicans are prancing around, crowing like a bunch of band roosters.
[35:09.120 --> 35:17.120]  But they need to pay real close attention to the politics.
[35:17.120 --> 35:27.120]  The public has given a mandate and the Republicans think the mandate is somehow for the Republican
[35:27.120 --> 35:31.120]  position and it is no such thing.
[35:31.120 --> 35:35.120]  The public has given a mandate that they are not happy.
[35:35.120 --> 35:46.120]  They want these problems with our politicians and our stalemated government fixed.
[35:46.120 --> 35:57.120]  The Republicans are getting such an overwhelming majority in the House and Senate.
[35:57.120 --> 36:03.120]  They're going to have high expectations for the next couple of years.
[36:03.120 --> 36:11.120]  The public is going to expect them to do things that the public likes and wants them to do.
[36:11.120 --> 36:19.120]  And somehow I don't see these politicians being able to do what the public wants.
[36:19.120 --> 36:25.120]  They're going to do what their big moneybackers want.
[36:25.120 --> 36:31.120]  And while this looks as though it may be a great advantage for the Republicans,
[36:31.120 --> 36:41.120]  if they don't produce dramatically in the next two years, when it comes to the next presidential election,
[36:41.120 --> 36:44.120]  by then everything may turn around.
[36:44.120 --> 36:51.120]  So we have a lot of political pressures in all directions right now.
[36:51.120 --> 36:54.120]  And it is an opportunity.
[36:54.120 --> 37:07.120]  We're in the Dallas-Fort Worth area. We didn't have anyone running against the Republicans here.
[37:07.120 --> 37:10.120]  I think she's a Republican.
[37:10.120 --> 37:19.120]  But anyways, she won the primary and since she had no opponent,
[37:19.120 --> 37:23.120]  she will be District Attorney come January.
[37:23.120 --> 37:26.120]  And I interviewed her on the show here.
[37:26.120 --> 37:33.120]  She's a 12-year criminal, I think a district judge,
[37:33.120 --> 37:38.120]  and was very well known for following law.
[37:38.120 --> 37:45.120]  It appears as though these public officials right now are shaking in their boots.
[37:45.120 --> 37:52.120]  They're afraid they're going to get a prosecuting attorney who will actually abide by law.
[37:52.120 --> 37:55.120]  And that scares them.
[37:55.120 --> 37:57.120]  Dallas County.
[37:57.120 --> 38:03.120]  Greg Watkins, been District Attorney for I think 10 or 12 years.
[38:03.120 --> 38:15.120]  In a surprising upset, he lost to another female who ran against him and apparently hated the guy.
[38:15.120 --> 38:19.120]  Apparently Watkins was well liked when he got in.
[38:19.120 --> 38:29.120]  But after he got in, he got too deep in the politics and made a lot of enemies.
[38:29.120 --> 38:34.120]  And that came home to roost on him, so he's gone.
[38:34.120 --> 38:42.120]  We have a new prosecuting attorney and I happen to have a whole stack of criminal complaints against Greg Watkins
[38:42.120 --> 38:50.120]  for failing to take criminal complaints against a certain smart mouth judge in Garland
[38:50.120 --> 38:59.120]  that this prosecuting attorney may actually take and prosecute.
[38:59.120 --> 39:07.120]  If we can get that done, since the Republicans has taken their place,
[39:07.120 --> 39:17.120]  if we can get this Republican prosecutor to come in and demonstrate that she is cleaning up this political corruption
[39:17.120 --> 39:25.120]  and get her to prosecute the prosecutor in Dallas County, that will change everything.
[39:25.120 --> 39:37.120]  And we have a large stack of criminal complaints that we will be bringing to the new District Attorney when she gets in office.
[39:37.120 --> 39:42.120]  We've been working the courts here.
[39:42.120 --> 39:53.120]  And frankly, we've been giving the judges opportunity to do the wrong thing.
[39:53.120 --> 39:58.120]  And frankly, they have been very accommodated.
[39:58.120 --> 40:12.120]  So when we get the new prosecutor in, we're planning to put together a set of criminal complaints against these judges.
[40:12.120 --> 40:20.120]  And the strategy we're going to take is that the system is broken.
[40:20.120 --> 40:33.120]  The system is broken not because there's some evil bad guy who infiltrated the system and contaminated everything.
[40:33.120 --> 40:37.120]  We'll take the position that there is no bad guy here.
[40:37.120 --> 40:41.120]  There's nobody that we can single out.
[40:41.120 --> 40:50.120]  And yeah, well, it's villainized and trying to get the right word out.
[40:50.120 --> 40:57.120]  And blame for all these problems then rail out in righteous indignation.
[40:57.120 --> 41:01.120]  The problem we have is entropy.
[41:01.120 --> 41:06.120]  The system has broken down over time.
[41:06.120 --> 41:15.120]  And the reason that we will maintain that the system has broken down is a lack of discipline.
[41:15.120 --> 41:34.120]  We as individual citizens, we as masters of the servants fail to exercise due diligence when our public officials straight across our legal dictates.
[41:34.120 --> 41:38.120]  We didn't jump up and rail in righteous indignation.
[41:38.120 --> 41:43.120]  The first time they stepped across a one of our legal lines.
[41:43.120 --> 42:02.120]  And over time, they threw a series of seemingly minor adjustments toward adjudicative experience or administrative, administrative convenience and adjudicative expediency.
[42:02.120 --> 42:12.120]  We have moved so far away from the rule of law that if you look at the law and then compare it to the practice,
[42:12.120 --> 42:16.120]  just we'll think you've stepped through the looking glass.
[42:16.120 --> 42:20.120]  This is not something one evil person could do.
[42:20.120 --> 42:31.120]  This was a process and I have for 30 years been trying to find a way to readjust the process.
[42:31.120 --> 42:48.120]  And we may actually have the way and these judges who have acted so inappropriately have may well have given us the leverage we need to get the method implemented.
[42:48.120 --> 42:52.120]  The method is extremely simple.
[42:52.120 --> 43:01.120]  All we need to do is get the district attorney to follow law.
[43:01.120 --> 43:09.120]  And what the law says, it's what a district attorney has it made known to him in any manner that a public official is violating law related to his office.
[43:09.120 --> 43:21.120]  He shall reduce complaint from the information submitted to the grand jury forth which if we can get that done or simply get the district attorney to stand aside.
[43:21.120 --> 43:35.120]  And allow a private citizen to give notice of crime to a grand jury under the authorization in 20.09 code of criminal procedure.
[43:35.120 --> 43:38.120]  Everything will change.
[43:38.120 --> 43:40.120]  Charles, I see you there.
[43:40.120 --> 43:48.120]  I've got a little bit more I want to address here when we get back on the other side and then we'll get to you.
[43:48.120 --> 43:51.120]  This is one of the calls I was expecting.
[43:51.120 --> 43:52.120]  This is Randy Kelton.
[43:52.120 --> 43:53.120]  They receive it.
[43:53.120 --> 43:57.120]  We will radio or call it number 512-646-1984.
[43:57.120 --> 44:02.120]  We'll be right back.
[44:02.120 --> 44:03.120]  Hello.
[44:03.120 --> 44:06.120]  My name is Stuart Smith from natures2organics.com.
[44:06.120 --> 44:12.120]  And I would like to invite you to come by our store at 1904 Guadalupe Street Sweet D here in Austin, Texas.
[44:12.120 --> 44:18.120]  Find brave new books and chase things to see all our fantastic health and wellness products with your very own eyes.
[44:18.120 --> 44:22.120]  Have a look at our miracle healing clay that started our adventure in alternative medicine.
[44:22.120 --> 44:30.120]  Take a peek at some of our other wonderful products including our Australian emu oil, lotion candles, olive oil soaps and colloidal silver and gold.
[44:30.120 --> 44:43.120]  Call 512-264-4043 or find us online at natures2organics.com. That's 512-264-4043 natures2organics.com.
[44:43.120 --> 44:47.120]  Don't forget to like us on Facebook for information on events and our products.
[44:47.120 --> 45:01.120]  natures2organics.com.
[45:01.120 --> 45:19.120]  Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Jurisdictionary, the affordable, easy to understand four CD course that will show you how in 24 hours, step by step. If you have a lawyer, know what your lawyer should be doing.
[45:19.120 --> 45:23.120]  If you don't have a lawyer, know what you should do for yourself.
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[45:34.120 --> 45:43.120]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[45:43.120 --> 45:56.120]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prosa tactics, and much more. Please visit ruleoflawradio.com and click on the banner.
[45:56.120 --> 46:15.120]  Or call toll-free 866-LAW-EZ.
[46:15.120 --> 46:32.120]  If you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[46:32.120 --> 46:47.120]  If you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[46:47.120 --> 47:02.120]  Why don't you just watch this?
[47:02.120 --> 47:25.120]  If you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[47:25.120 --> 47:44.120]  Okay, we are back. Randy Helton, David Stevens, rule of law radio, and we were talking about due process and politics and the politics as it stands today.
[47:44.120 --> 47:59.120]  I live in Wise County, Texas, and 12 years ago, I ran against the sheriff when he ran for office. The sheriff that had been in was retiring.
[47:59.120 --> 48:06.120]  And I ran against this sheriff, and I had to drop out of the race about halfway through. And then I voted for the one who got sheriff.
[48:06.120 --> 48:25.120]  He was 26 years old at the time. Prior to David Walker becoming the sheriff of Wise County, we had a sheriff, Phil Ryan, who was an ex-Texas Ranger, a real piece of work.
[48:25.120 --> 48:33.120]  I had over 50 people come to me complaining about the sheriff's department asking me if I could do something to help them.
[48:33.120 --> 48:44.120]  I had four sheriff's deputies come to me and ask me if I could do something to help get rid of an officer that was making them all look bad.
[48:44.120 --> 48:54.120]  Once David Walker got in, I have not heard one complaint about our sheriff's department in Wise County.
[48:54.120 --> 49:04.120]  But when I ran against Sheriff Walker, I ran on the platform of every person who's arrested and be brought before magistrate.
[49:04.120 --> 49:13.120]  And I find out that that is exactly what Sheriff Walker implemented.
[49:13.120 --> 49:24.120]  And it has the appearance of having had exactly the effect that it was intended to have.
[49:24.120 --> 49:32.120]  That's why I'm not hearing complaints about sheriff's deputies, because they arrest someone.
[49:32.120 --> 49:38.120]  They have to take them directly to the nearest magistrate and explain themselves.
[49:38.120 --> 49:45.120]  I talked to one recently and had him so angry, he was visibly shaking.
[49:45.120 --> 49:50.120]  But he never said one word out of line to me.
[49:50.120 --> 50:01.120]  He got a little tense, but he measured his behavior and his language very carefully.
[50:01.120 --> 50:17.120]  And I take that to have happened because he had this specter of having to take me directly to the nearest magistrate if he arrested me.
[50:17.120 --> 50:22.120]  And explain himself, and he didn't want to.
[50:22.120 --> 50:28.120]  So he disciplined himself.
[50:28.120 --> 50:37.120]  And it looks as though this form of self-discipline has worked extremely well for the sheriff's department.
[50:37.120 --> 50:44.120]  I had a set of complaints I wanted this officer to take, and he didn't want to take them.
[50:44.120 --> 50:48.120]  So I dismissed him like an errant stepchild.
[50:48.120 --> 50:50.120]  And he was just furious.
[50:50.120 --> 50:53.120]  He wanted to pull his pistol and shoot me.
[50:53.120 --> 50:58.120]  But he did his job, he acted like a professional, didn't make any difference how angry he was.
[50:58.120 --> 51:03.120]  So I went inside and the high sheriff himself came out.
[51:03.120 --> 51:14.120]  And I gave him the complaints I had, and I told him that there is a fight that I want to have with police agencies.
[51:14.120 --> 51:18.120]  But I don't want to have that fight with you.
[51:18.120 --> 51:24.120]  I have other plans for you, and he said, oh, you do, Mr. Calvin. Yes, I do.
[51:24.120 --> 51:26.120]  Well, what plans do you have for me?
[51:26.120 --> 51:38.120]  Well, I plan on dragging you behind down to Austin, sticking you in front of a Senate subcommittee, and have you explain to them how a sheriff's department ought to be run.
[51:38.120 --> 51:44.120]  And he's, you know, being a sheriff, he's highly political.
[51:44.120 --> 51:47.120]  I think he saw the value in that.
[51:47.120 --> 51:56.120]  I subsequently went to a justice of the peace and filed criminal charges against his officer.
[51:56.120 --> 52:01.120]  And the justice of the peace refused to take the complaints.
[52:01.120 --> 52:05.120]  It would have been better if he wasn't smart mouth in the process.
[52:05.120 --> 52:09.120]  He turned out he was a retired police officer.
[52:09.120 --> 52:13.120]  If I had known that, I would have expected his behavior.
[52:13.120 --> 52:20.120]  So when he refused to take the complaint, I took a set of complaints against him to another justice of the peace.
[52:20.120 --> 52:39.120]  And I have subsequently talked to the district attorney who has over the years come to trust that I am not dangerous in that I'm not trying to get anyone indicted or cause anybody to use their jobs or to do any harm to anyone.
[52:39.120 --> 52:49.120]  I had a bailiff there at the courthouse, knocked me down, break my elbow once, to keep me from getting to a grand jury with criminal complaints against the district attorney.
[52:49.120 --> 52:52.120]  Not the current one, but a previous one.
[52:52.120 --> 52:56.120]  And I didn't take any action against him at all.
[52:56.120 --> 53:02.120]  And I think that's when they figured out that I really wasn't some kind of wacko crazy.
[53:02.120 --> 53:14.120]  But in any case, the district attorney appears really to want to do things right.
[53:14.120 --> 53:29.120]  And I may have a situation to where he's not going to interfere with my bringing the criminal complaint against this judge to a grand jury.
[53:29.120 --> 53:45.120]  Now, this is a perfect one to bring because I'm accusing the JP of not holding an examining trial on a criminal complaint against another JP.
[53:45.120 --> 53:49.120]  Now, I can see where a grand jury will sympathize with that.
[53:49.120 --> 54:02.120]  And I certainly don't want to harm judge wearer's career because I believe she thinks she's doing what's right.
[54:02.120 --> 54:10.120]  Now, if this harms her career, well, sorry about that, not my intent, but life is tough and we're all grown ups here.
[54:10.120 --> 54:23.120]  But if the prosecuting attorney stands aside and gives me no interference, and I bring these complaints to a grand jury, it makes no difference what the grand jury does.
[54:23.120 --> 54:28.120]  If the grand jury no bills, that's fine.
[54:28.120 --> 54:35.120]  Because between the time I present, I bring the, I started to say present, I can't say present.
[54:35.120 --> 54:47.120]  Between the time at which I give the grand jury notice that a crime has been committed, because that's all you can do as a citizen.
[54:47.120 --> 54:57.120]  That's all any citizen can do, even if he's a police officer, is give the grand jury notice that a crime has been committed.
[54:57.120 --> 55:13.120]  And once the grand jury has that notice, has it, if the 20.09 says the grand jury shall examine into all criminal accusations that come to their knowledge by way of the prosecuting attorney, by the way of their own personal knowledge,
[55:13.120 --> 55:18.120]  prosecuting attorney or any credible person.
[55:18.120 --> 55:27.120]  Now there's an issue that needs some explanation about by way of the prosecuting attorney.
[55:27.120 --> 55:32.120]  And that one takes a special process.
[55:32.120 --> 55:38.120]  Apparently a private citizen can go directly to a grand jury.
[55:38.120 --> 55:55.120]  A prosecuting attorney, however, is a lawyer for the state, and if a prosecuting attorney receives a criminal complaint, and no criminal complaints are not directed to a prosecuting attorney,
[55:55.120 --> 55:59.120]  but in the real world we live in, they can receive them.
[55:59.120 --> 56:10.120]  And if they receive a criminal complaint, they're to reduce it to an information and submit it to some magistrate.
[56:10.120 --> 56:22.120]  And the magistrate's required to hold an examining trial, make a determination a probable cause, and then seal up all the documents had in the hearing and send them to the clerk of the court of jurisdiction.
[56:22.120 --> 56:37.120]  The county court and the county court puts it on the docket. If it's a district court that it goes to the district clerk and the district clerk is required by 17.31 to keep all those papers safe and deliver them up to the next grand jury.
[56:37.120 --> 56:45.120]  So the way they get noticed from a district attorney is by way of the magistrate and the district clerk.
[56:45.120 --> 56:48.120]  It is the district clerk who gives these to the grand jury.
[56:48.120 --> 56:59.120]  Now, what I said about present, you and I can give notice, but we cannot present, present as a term of art.
[56:59.120 --> 57:08.120]  It means to do an actual presentation of the facts and the law to the grand jury.
[57:08.120 --> 57:22.120]  We can't do that as a match. The prosecuting attorney can present a criminal complaint to the grand jury as a matter of right.
[57:22.120 --> 57:34.120]  But that's not giving notice. Notice is given through the clerk, through the magistrate to the clerk, the clerk back to the grand jury.
[57:34.120 --> 57:43.120]  He can present or if the grand jury requests it, you can present if you are the one who gave notice.
[57:43.120 --> 57:49.120]  I actually presented a complaint in Johnson County just exactly that way to grand jury.
[57:49.120 --> 57:54.120]  Since I was fighting a complaint against the district attorney, he obviously couldn't present.
[57:54.120 --> 57:57.120]  So they asked me to come and present.
[57:57.120 --> 58:07.120]  This is how it gets them. If I can get the prosecuting attorney to stand aside and then go in and say,
[58:07.120 --> 58:13.120]  I didn't have anything to do with bringing this to your knowledge and I don't agree with it.
[58:13.120 --> 58:24.120]  I don't think there should be an indictment here. He can do that because he didn't have any say or any discretion into whether it was brought to the grand jury.
[58:24.120 --> 58:34.120]  So that's perfect. That's exactly how it should be. Then if they don't indict, then Judge Ware is going to feel like she dodged a big time bullet.
[58:34.120 --> 58:40.120]  Hang on, Randy Kelton, they're receiving the rule of our radio. Charles, we'll pick you up when we get back on the other side.
[58:40.120 --> 58:50.120]  I call in number 512-646-1984. We'll be right back.
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[59:28.120 --> 59:33.120]  Bibles for America would like to give you a free recovery version simply for the asking.
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[01:00:03.120 --> 01:00:09.120]  This is The Liberty Beat, your daily source for Liberty News and activist updates online at TheLibertyBeat.com.
[01:00:09.120 --> 01:00:22.120]  I'm Brian Hagen with your Liberty Beat for Thursday, November 13, 2014. Gold is trading around $1,168, silver around $15.66 and Bitcoin around $450.
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[01:00:58.120 --> 01:01:07.120]  In the news, top St. Louis City and County officials are urging residents to remain calm once a grand jury decision in the Michael Brown case is announced.
[01:01:07.120 --> 01:01:18.120]  St. Louis County Executive Charlie Dooley and St. Louis Mayor Francis Sway set in a joint news conference Wednesday that while protesters' civil rights will be respected, looting and violence will not be tolerated.
[01:01:18.120 --> 01:01:28.120]  Dooley says much progress in regional race relations has been made in the three months since Brown, who was black, was shot by Ferguson police officer Darren Wilson, who was white.
[01:01:28.120 --> 01:01:36.120]  According to the Associated Press, the grand jury weighing whether to charge Wilson is expected to make a decision this month.
[01:01:36.120 --> 01:01:43.120]  Beginning next year, Boulder County, Colorado will charge cannabis growers a fee that will be used to offset climate change.
[01:01:43.120 --> 01:01:50.120]  The county will begin charging $2.16 per kilowatt hour for electricity used to grow the newly legal plants.
[01:01:50.120 --> 01:01:58.120]  The fees average about $100 per kilogram of the final plant. Local officials have said the growers use more electricity than any other industry.
[01:01:58.120 --> 01:02:08.120]  On Wednesday, the Fix the Court campaign was launched to spread awareness on the lack of transparency and accountability in the United States Supreme Court.
[01:02:08.120 --> 01:02:22.120]  The advertising campaign launched FixtheCourt.com as well as ads on Fox and MSNBC, calling for annual financial disclosures filed online, advanced notice of justice as public appearances, and more access for media and the public in the courtroom.
[01:02:22.120 --> 01:02:27.120]  The campaign also wants justices to explain the reasoning behind recusing themselves from cases.
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[01:02:49.120 --> 01:02:59.120]  This is The Liberty Beat for Thursday, November 13, 2014. Check out the website at TheLibertyBeat.com. And like us on Facebook at Facebook.com slash The Liberty Beat.
[01:03:19.120 --> 01:03:41.120]  Okay, we are back. Randy Kelton, Debra Stephens from Roo-R-R-R-Radio on this Thursday, November 13. And we're going to go to Charles in Georgia. Hello, Charles.
[01:03:41.120 --> 01:03:44.120]  How are you doing, Randy? How's it going?
[01:03:44.120 --> 01:03:49.120]  I'm doing good. I understand you have a family law issue.
[01:03:49.120 --> 01:04:00.120]  I do. I do. I really don't know where to begin. Everything is moving pretty fast and it's pretty upsetting.
[01:04:00.120 --> 01:04:20.120]  This is between an ex-girlfriend of mine and me. And what is going on here is taking out a stalking order, a temporary protective order.
[01:04:20.120 --> 01:04:36.120]  And here I want to respond to this temporary protective order. And I don't know if I should object to the order or should I most move to dismiss the order?
[01:04:36.120 --> 01:04:46.120]  Because, see, this is not a criminal matter. This is a civil matter. And the way this piece of paper is written up here...
[01:04:46.120 --> 01:04:58.120]  It's a petition for a protective order is a civil matter. And the procedure is to... The first thing you have to do is answer it.
[01:04:58.120 --> 01:05:09.120]  You have to answer all of the assertions and claims and give the judge reason to deny the order.
[01:05:09.120 --> 01:05:12.120]  Do you listen to the show a lot?
[01:05:12.120 --> 01:05:18.120]  You know what? I listen to it on and off and I love the show. It's a great show.
[01:05:18.120 --> 01:05:25.120]  Okay. Are you familiar with how to present a legal argument?
[01:05:25.120 --> 01:05:27.120]  I am.
[01:05:27.120 --> 01:05:38.120]  Okay. I mean, progress just to be sure. Never make a statement of... a proactive statement of law out of your own mouth.
[01:05:38.120 --> 01:05:47.120]  You must always make it out of the mouth of the court. So you say, this is the law they're citing.
[01:05:47.120 --> 01:05:55.120]  These are the elements that must be in place. These are the elements that are in place. These are the elements that are not in place.
[01:05:55.120 --> 01:06:08.120]  These are the affirmative defenses to the issue. Or in this case, since it's a civil, there aren't really affirmative defenses, but these are defenses under law.
[01:06:08.120 --> 01:06:18.120]  You need to find case law where a motion for protective order has been denied.
[01:06:18.120 --> 01:06:32.120]  And where it's been denied, the court will tell you exactly why it denied it. And on almost every one of these, what they will do is go through all of the elements one by one.
[01:06:32.120 --> 01:06:42.120]  Address each element, show you the law that relates to that element and why they ruled the way they ruled.
[01:06:42.120 --> 01:07:01.120]  So you need to go online in Georgia and do a search for protective order, specifically protective family law or family violence protective order denied.
[01:07:01.120 --> 01:07:15.120]  See what you come up with. I've actually gotten to where I tend to do better on just search engines than I did with Westlaw.
[01:07:15.120 --> 01:07:24.120]  It's hard. Westlaw is hard. I tried the other day, the law library clerk, she tried to help me with something unrelated.
[01:07:24.120 --> 01:07:35.120]  Well, it's related to this, but it's not about this TPO here. And I was searching through cases and cases and cases and it just was not giving me what I looked for.
[01:07:35.120 --> 01:07:42.120]  And I found it better to just go right to Corpus Jurisicundum and they, you know, it came right up.
[01:07:42.120 --> 01:07:54.120]  OK, problem with Corpus Jurisicundum is it is a legal encyclopedia and you cannot cite Corpus Jurisicundum.
[01:07:54.120 --> 01:08:11.120]  You can cite the case law in Corpus Jurisicundum, but never cite that specifically because it's only encyclopedia and it carries no persuasive weight with the court.
[01:08:11.120 --> 01:08:20.120]  The underlying case law does, similar to Attorney General's opinions here in Texas.
[01:08:20.120 --> 01:08:26.120]  I cited Attorney General's Opinion H-500 to a Judge Shipman in Denton.
[01:08:26.120 --> 01:08:37.120]  And he said, Mr. Kelton, as far as this court is concerned, you can use an Attorney General's opinion for toilet paper.
[01:08:37.120 --> 01:08:50.120]  I said, well, your honor, I hope you don't consider the underlying story desicits quite so versatile.
[01:08:50.120 --> 01:08:54.120]  Oh, well, I'm sure.
[01:08:54.120 --> 01:09:01.120]  Well, I was a pro say at the time, so I could get away with that.
[01:09:01.120 --> 01:09:03.120]  Wow.
[01:09:03.120 --> 01:09:11.120]  Anyway, so the point is, the only authority in Corpus Jurisicundum is the underlying case law.
[01:09:11.120 --> 01:09:20.120]  So make sure I've had people send me documents where they quoted American jurisprudence in Corpus Jurisicundum.
[01:09:20.120 --> 01:09:24.120]  And no, no, no, no, don't do that or black slot dictionary.
[01:09:24.120 --> 01:09:41.120]  Okay, don't never cite black's law. When you read a definition in black's law, the definition is in the terms of the case law.
[01:09:41.120 --> 01:09:48.120]  Yeah, so don't cite it from blacks, just cite the case law that blacks uses to do the definition.
[01:09:48.120 --> 01:10:03.120]  So first thing you need to do is an Internet search for petitions for a protective order that had been denied.
[01:10:03.120 --> 01:10:10.120]  That means somebody made an argument that was successful.
[01:10:10.120 --> 01:10:13.120]  All right.
[01:10:13.120 --> 01:10:19.120]  Okay, do you have some specific questions on your particular issue?
[01:10:19.120 --> 01:10:29.120]  Well, what I do have, well, you already answered one. I need to answer.
[01:10:29.120 --> 01:10:39.120]  And I was sitting here beating up my brain half the day today, trying to figure out whether I need to raise an objection.
[01:10:39.120 --> 01:10:45.120]  You need to know this is not something you raise an objection to.
[01:10:45.120 --> 01:10:52.120]  You deny their claims and then make an argument in support of your position.
[01:10:52.120 --> 01:11:04.120]  And I suggest you take their motion as a outline and you walk right down their motion issue for issue.
[01:11:04.120 --> 01:11:09.120]  And take each thing they complain about in each set of case law.
[01:11:09.120 --> 01:11:23.120]  If you look up their case law, in the case they cite, you will find references to cases on both sides of the issue.
[01:11:23.120 --> 01:11:30.120]  So the best place to get your first case on point is from the other side.
[01:11:30.120 --> 01:11:44.120]  They've already done the homework for you. And you might also want to pull up a response to a petition for restraining order.
[01:11:44.120 --> 01:11:54.120]  Because there is going to be a format, a form when you prepare a motion or a response to the court.
[01:11:54.120 --> 01:12:09.120]  While in law there is no specific hard and fast structure, there should be in Georgia litigation guides.
[01:12:09.120 --> 01:12:19.120]  And if you have a deed, everybody in Georgia almost will use the litigation guide.
[01:12:19.120 --> 01:12:28.120]  And the reason being, judge sits up there, he hears motion after motion after motion after motion.
[01:12:28.120 --> 01:12:34.120]  If you give him a motion that looks just like the guy before you gave him.
[01:12:34.120 --> 01:12:43.120]  So the judge looks at it and he sees the parties described where he expects to see the parties.
[01:12:43.120 --> 01:12:55.120]  He sees venue where he expects to see venue and sees each of these issues that are in the motion, precisely where he expects to see them.
[01:12:55.120 --> 01:13:11.120]  With the standard issues addressed by standard case law that he's seen in a hundred motions, he will glance right over that and go to the meat of your particular issue.
[01:13:11.120 --> 01:13:18.120]  Lawyers understand this, process tend not to understand this.
[01:13:18.120 --> 01:13:25.120]  So process do a lot more work. They build a whole thing from scratch. Heck with that nonsense.
[01:13:25.120 --> 01:13:35.120]  Go find someone, somebody else has already presented to the court and use the standard case law as much as possible.
[01:13:35.120 --> 01:13:42.120]  You give the judge a motion that doesn't look anything like the motions he's been getting.
[01:13:42.120 --> 01:13:47.120]  And you've got 10 or 15 cases in there he's never seen.
[01:13:47.120 --> 01:13:58.120]  He's going to look at that and he's going to think, do you really think I'm going to read all these cases denied?
[01:13:58.120 --> 01:14:05.120]  That might not be right, but that's how it works in the world you and I live in.
[01:14:05.120 --> 01:14:11.120]  The judge is busy. He's got a lot to do and you're going to annoy him.
[01:14:11.120 --> 01:14:17.120]  Quick story, kid Magnuson foreclosure issue.
[01:14:17.120 --> 01:14:21.120]  He filed a motion for restraining order.
[01:14:21.120 --> 01:14:26.120]  He prepared a motion for restraining order, stopped him from evicting.
[01:14:26.120 --> 01:14:32.120]  He sent it to me and asked me what I thought and I read it and I called him and said, piece of crap, Ken.
[01:14:32.120 --> 01:14:39.120]  He said, you think you can do better as you're doing right again. So I made him up one and sent it to him.
[01:14:39.120 --> 01:14:46.120]  He went to court, filed a motion. They didn't expect the lawyer to show up, but he did.
[01:14:46.120 --> 01:14:55.120]  They went in, the judge heard the motion, granted the, or denied the, I'm sorry, he was petitioned for restraining order.
[01:14:55.120 --> 01:14:59.120]  They granted him the restraining order against the bank.
[01:14:59.120 --> 01:15:06.120]  The lawyer came out and said, are you an attorney?
[01:15:06.120 --> 01:15:11.120]  He said, no, but my brother is. Did you write this?
[01:15:11.120 --> 01:15:19.120]  He said, well, I had some help and the lawyer said, this is very good.
[01:15:19.120 --> 01:15:35.120]  Ken told me this and I'm trying to keep from laughing over the phone because what I did was I took O'Connor's forms and filled in the blanks.
[01:15:35.120 --> 01:15:38.120]  Oh, I see. I see.
[01:15:38.120 --> 01:15:53.120]  Well, this was a young lawyer. They always give the prosaise a young lawyer because prosaise are easy to handle and they want the young lawyer to be able to beat the prosaise and they don't cost them much for the young lawyer.
[01:15:53.120 --> 01:16:03.120]  So this guy comes in and he hadn't realized yet that his law firm used O'Connor's forms.
[01:16:03.120 --> 01:16:12.120]  So he looks at this restraining order and he's thinking, holy mackerel, this looks exactly like the one we file.
[01:16:12.120 --> 01:16:17.120]  And he's thinking, how do you do that?
[01:16:17.120 --> 01:16:22.120]  So very important lesson.
[01:16:22.120 --> 01:16:30.120]  Use the litigation guide. If you don't have a litigation guide, go to the court if you have to.
[01:16:30.120 --> 01:16:35.120]  And my favorite place to do legal research is the court.
[01:16:35.120 --> 01:16:39.120]  Pull cases similar to yours and see what they filed in there.
[01:16:39.120 --> 01:16:46.120]  Man, I found some whoppers, motions that I got to file right there in other cases.
[01:16:46.120 --> 01:17:01.120]  If you don't have a litigation guide, go to the court if you don't have a litigation guide.
[01:17:01.120 --> 01:17:27.120]  If you don't have a litigation guide, go to the court if you don't have a litigation guide.
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[01:19:26.120 --> 01:19:36.120]  Okay, we are back to Andy Kelton, David Stevens, and we're talking to Charles in Georgia.
[01:19:36.120 --> 01:19:50.120]  Okay, Charles, it's not as hard producing well-structured documents as it seems on the surface, and I suggest that you don't do all the hard work.
[01:19:50.120 --> 01:20:04.120]  When I first started legal research, the place I went to was the court and looked through cases and documents that other lawyers had filed.
[01:20:04.120 --> 01:20:13.120]  I found really cool stuff in there. Do you know what emotion in lemony is?
[01:20:13.120 --> 01:20:15.120]  I don't.
[01:20:15.120 --> 01:20:23.120]  Yeah, I pulled out this motion in lemony. What on earth is this?
[01:20:23.120 --> 01:20:30.120]  And I started reading through it, and it was 19 pages of questions.
[01:20:30.120 --> 01:20:36.120]  You're asking the judge to order the other side not to ask.
[01:20:36.120 --> 01:20:41.120]  I'm sitting in court, and the judge is furious.
[01:20:41.120 --> 01:20:48.120]  He's going through these line-by-line, and he said, hypnotic interview?
[01:20:48.120 --> 01:20:51.120]  Mr. Kelton, were you hypnotized?
[01:20:51.120 --> 01:20:59.120]  I'm asking him to restrict the prosecutor from asking any questions concerning a hypnotic interview.
[01:20:59.120 --> 01:21:01.120]  Were you hypnotized?
[01:21:01.120 --> 01:21:05.120]  I don't know, Judge. You know how they make you forget that kind of stuff?
[01:21:05.120 --> 01:21:07.120]  Ask him.
[01:21:07.120 --> 01:21:09.120]  Denied, denied.
[01:21:09.120 --> 01:21:12.120]  Oh, it was just a hoot.
[01:21:12.120 --> 01:21:21.120]  But it also saved my behind, because there was one particular question in there that was really...
[01:21:21.120 --> 01:21:30.120]  It was forbidden to be asked because it was grossly improper, and he asked the question,
[01:21:30.120 --> 01:21:38.120]  and I objected the judge overruled, and then I reminded the judge about the motion in lemony forbidding that question.
[01:21:38.120 --> 01:21:43.120]  And the judge gritted his teeth and reversed his ruin.
[01:21:43.120 --> 01:21:49.120]  So I found things in there I didn't know anything about.
[01:21:49.120 --> 01:21:52.120]  Great emotions, Dalbert's hearings.
[01:21:52.120 --> 01:22:04.120]  If you look at some family law cases or cases involving stalking or family violence,
[01:22:04.120 --> 01:22:10.120]  and you want to find a case from somebody who's paid an expensive lawyer to give him a good defense,
[01:22:10.120 --> 01:22:17.120]  and you can take that expensive lawyer's good defense and use it in your case,
[01:22:17.120 --> 01:22:26.120]  plagiarism is perfectly acceptable.
[01:22:26.120 --> 01:22:36.120]  So I suggest you head down to the clerk's office and just start pulling some of these files and start flipping through them.
[01:22:36.120 --> 01:22:39.120]  You'd be surprised what you find.
[01:22:39.120 --> 01:22:43.120]  So they'll let you just go through people's files there?
[01:22:43.120 --> 01:22:45.120]  You bet they do.
[01:22:45.120 --> 01:22:54.120]  I actually had a clerk say on a family law case, she said, this is just not right.
[01:22:54.120 --> 01:22:58.120]  This is private information.
[01:22:58.120 --> 01:23:03.120]  She was an assistant clerk, because apparently she hadn't been working long.
[01:23:03.120 --> 01:23:11.120]  And I said, where were you during civics class?
[01:23:11.120 --> 01:23:13.120]  This is the United States.
[01:23:13.120 --> 01:23:15.120]  There are no secret courts.
[01:23:15.120 --> 01:23:19.120]  There are no star chamber courts here.
[01:23:19.120 --> 01:23:26.120]  All courts shall be public.
[01:23:26.120 --> 01:23:33.120]  And then she realized what she had said and apologized and got me the records.
[01:23:33.120 --> 01:23:37.120]  But absolutely.
[01:23:37.120 --> 01:23:39.120]  Okay, so I'm going to go through the clerk tomorrow.
[01:23:39.120 --> 01:23:49.120]  Listen, I would like to have a, you know, I have to have some kind of specific, you know.
[01:23:49.120 --> 01:23:50.120]  Okay.
[01:23:50.120 --> 01:23:51.120]  Okay.
[01:23:51.120 --> 01:23:58.120]  One thing to understand, if you're a pro se and we're fighting the issues, we tend to get into the fight.
[01:23:58.120 --> 01:24:01.120]  Never start a fight with the clerk.
[01:24:01.120 --> 01:24:04.120]  Shmoos the clerk.
[01:24:04.120 --> 01:24:08.120]  I always tell the clerk, the one place I'd never have any crapola,
[01:24:08.120 --> 01:24:10.120]  is the clerks.
[01:24:10.120 --> 01:24:13.120]  I tell everybody, never mess with the clerks.
[01:24:13.120 --> 01:24:15.120]  The clerks don't have a dog in the hunt.
[01:24:15.120 --> 01:24:16.120]  They don't care.
[01:24:16.120 --> 01:24:19.120]  If you're nice to the clerks, they'd be nice to you.
[01:24:19.120 --> 01:24:20.120]  Shmoos the clerks.
[01:24:20.120 --> 01:24:29.120]  When I first started doing research, I went and asked the clerk, I want to see the biggest criminal case you got.
[01:24:29.120 --> 01:24:31.120]  And she said, what?
[01:24:31.120 --> 01:24:34.120]  I said, well, I've got to find a criminal case and I don't know how.
[01:24:34.120 --> 01:24:42.120]  So I want to find one where somebody paid a real expensive lawyer to put up a really big fight.
[01:24:42.120 --> 01:24:46.120]  And she said, I got just the one.
[01:24:46.120 --> 01:24:51.120]  She went back and brought out a file about four inches thick.
[01:24:51.120 --> 01:24:58.120]  And the lawyer's documents was on really expensive rag.
[01:24:58.120 --> 01:25:01.120]  Really nice documents.
[01:25:01.120 --> 01:25:06.120]  And this guy didn't miss anything.
[01:25:06.120 --> 01:25:17.120]  So go down and Shmoos the clerk and see if she'll get you some of the bigger files.
[01:25:17.120 --> 01:25:22.120]  If she doesn't, then ask to see the docket.
[01:25:22.120 --> 01:25:27.120]  The docket, they've changed it somewhat with electronic filing.
[01:25:27.120 --> 01:25:34.120]  But it used to be that every document that was filed was entered into a docket sheet.
[01:25:34.120 --> 01:25:44.120]  And here in Texas, they had to keep a physical docket so that you can open the docket book to your case.
[01:25:44.120 --> 01:25:51.120]  And everything that was filed in the case is listed there.
[01:25:51.120 --> 01:26:00.120]  With the way they do it now, with the electronic, every case has on the front of it a printout.
[01:26:00.120 --> 01:26:07.120]  Matter of fact, I have a docket sheet from a case I've looked at today and it was eight pages.
[01:26:07.120 --> 01:26:13.120]  So you might ask the clerk which cases have the biggest docket sheets.
[01:26:13.120 --> 01:26:16.120]  And just tell them you just want a big case.
[01:26:16.120 --> 01:26:22.120]  And once they understand what you want, they'll go find it. They'll generally go find it for you.
[01:26:22.120 --> 01:26:33.120]  If they give you a hard time, then you take your docket number and back up a hundred and say,
[01:26:33.120 --> 01:26:39.120]  I want to see these 25 dockets.
[01:26:39.120 --> 01:26:51.120]  And when you start making them, bring them out by the stack, they tend to get a little more amenable.
[01:26:51.120 --> 01:26:56.120]  I give a clerk a list of a hundred files I want to see.
[01:26:56.120 --> 01:27:04.120]  And she said, well, we can get all these. Sure you can. If you need a cart, I'm sure you can go find one.
[01:27:04.120 --> 01:27:08.120]  And then all of a sudden they wanted to know precisely what I was looking at.
[01:27:08.120 --> 01:27:13.120]  They got real easy to get along with.
[01:27:13.120 --> 01:27:21.120]  But generally if you treat the clerks with respect and are polite to them, they'll generally work with you.
[01:27:21.120 --> 01:27:24.120]  Okay.
[01:27:24.120 --> 01:27:27.120]  Got a good information there.
[01:27:27.120 --> 01:27:28.120]  Okay.
[01:27:28.120 --> 01:27:29.120]  Yeah.
[01:27:29.120 --> 01:27:45.120]  On to the next thing. I was on this particular issue, I had a warrant for my arrest and I was arrested on a Sunday
[01:27:45.120 --> 01:27:55.120]  in a neighboring county with the jail not more than 20 miles away apart from each other from the next county.
[01:27:55.120 --> 01:28:06.120]  And I didn't get to see a magistrate till six days later, the next Saturday.
[01:28:06.120 --> 01:28:26.120]  Ooh, go to jurismprudence.com. That's J-U-R-I-S imprudence, I-M-P-R-U-D-E-N-C-E dot com.
[01:28:26.120 --> 01:28:28.120]  That's one of my websites.
[01:28:28.120 --> 01:28:35.120]  And on that site, you'll find a bunch of frogs because I call this the frog farm conspiracy.
[01:28:35.120 --> 01:28:39.120]  Top frog on the left goes to a rid of habeas corpus.
[01:28:39.120 --> 01:28:42.120]  Pull that habeas and read it.
[01:28:42.120 --> 01:28:46.120]  It's about due process and it goes to this issue.
[01:28:46.120 --> 01:28:53.120]  It is in Texas law somewhat, but primarily the case law goes to federal law.
[01:28:53.120 --> 01:29:04.120]  And any Texas law you see if you do an internet search for a compatible Georgia law, you will find one.
[01:29:04.120 --> 01:29:11.120]  So you can convert the Texas statutes to Georgia statutes.
[01:29:11.120 --> 01:29:15.120]  But it walks down due process.
[01:29:15.120 --> 01:29:20.120]  Six days is absolutely forbidden by the fed.
[01:29:20.120 --> 01:29:25.120]  We must be taken directly to the nearest magistrate by the most direct route.
[01:29:25.120 --> 01:29:38.120]  And officers only defense against the claim of false imprisonment for failure to time to take before a magistrate is assured the due diligence in effort to locate.
[01:29:38.120 --> 01:29:49.120]  And when the officer takes you to the jail, his duty to get you before a magistrate does not, in Randy Kelton, Doug Stevens' root of law radio,
[01:29:49.120 --> 01:29:55.120]  I call it number 512-646-1984. We'll be right back.
[01:30:01.120 --> 01:30:09.120]  Do you have looks to die for? According to a new study, killer contaminants are lurking in many popular cosmetic products.
[01:30:09.120 --> 01:30:15.120]  I'm Dr. Catherine Albrecht and I'll be back to tell you how you or someone you love can dodge a shocking beauty bullet.
[01:30:15.120 --> 01:30:21.120]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:21.120 --> 01:30:26.120]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.120 --> 01:30:31.120]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:31.120 --> 01:30:34.120]  Privacy, it's worth hanging on to.
[01:30:34.120 --> 01:30:41.120]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo and Bing.
[01:30:41.120 --> 01:30:45.120]  Start over with StartPage.
[01:30:45.120 --> 01:30:51.120]  Environmental group Canadian Defense is warning consumers that many popular cosmetics contain heavy metals.
[01:30:51.120 --> 01:30:57.120]  The organization sent name brand makeup like mascara, eyeshadow and lipstick to an accredited lab.
[01:30:57.120 --> 01:31:06.120]  Out of 49 products, 96% tested positive for lead, 20% contained arsenic and 51% contained cadmium.
[01:31:06.120 --> 01:31:09.120]  None of these dangerous items was listed on the label.
[01:31:09.120 --> 01:31:15.120]  Heavy metals can build up in the body and lead to health problems like cancer, memory loss, mood swings and hair loss.
[01:31:15.120 --> 01:31:22.120]  Researchers say your best defense is to wear less makeup and buy products that guarantee they do not contain heavy metals.
[01:31:22.120 --> 01:31:30.120]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31:30.120 --> 01:31:36.120]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.120 --> 01:31:43.120]  The government says that fire brought it down. However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.120 --> 01:31:46.120]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.120 --> 01:31:48.120]  Thousands of my fellow first responders have died.
[01:31:48.120 --> 01:31:50.120]  I'm not a conspiracy theorist.
[01:31:50.120 --> 01:31:51.120]  I'm a structural engineer.
[01:31:51.120 --> 01:31:52.120]  I'm a New York City correction officer.
[01:31:52.120 --> 01:31:53.120]  I'm an Air Force pilot.
[01:31:53.120 --> 01:31:55.120]  I'm a father who lost his son.
[01:31:55.120 --> 01:31:57.120]  We are Americans and we deserve the truth.
[01:31:57.120 --> 01:32:00.120]  Go to RememberBuilding7.org today.
[01:32:00.120 --> 01:32:05.120]  After work, I'm so tired that I want to be left alone to sleep.
[01:32:05.120 --> 01:32:06.120]  Hey, listen to me.
[01:32:06.120 --> 01:32:07.120]  Who are you?
[01:32:07.120 --> 01:32:11.120]  I knew years ago when you felt healthy and young and everything worked on your body.
[01:32:11.120 --> 01:32:12.120]  Do you remember that?
[01:32:12.120 --> 01:32:13.120]  Yes.
[01:32:13.120 --> 01:32:14.120]  I wish I felt like that now.
[01:32:14.120 --> 01:32:19.120]  You can feel like that again with a new micro plant powder formulation called iodine now.
[01:32:19.120 --> 01:32:24.120]  It cleans the entire body from head to toe and feeds the body what it really needs.
[01:32:24.120 --> 01:32:27.120]  You'll be in a better mood and you'll find more drive in your romantic life.
[01:32:27.120 --> 01:32:28.120]  Really?
[01:32:28.120 --> 01:32:31.120]  I got to try iodine now and feel good again.
[01:32:31.120 --> 01:32:36.120]  It also protects you from radiation, heavy metals, fluoride, chlorine and bromine including
[01:32:36.120 --> 01:32:38.120]  cancer and most major diseases.
[01:32:38.120 --> 01:32:39.120]  You'll be amazed.
[01:32:39.120 --> 01:32:40.120]  You can be your own doctor.
[01:32:40.120 --> 01:32:43.120]  I want to keep you out of the hospital and off pharmaceuticals.
[01:32:43.120 --> 01:32:44.120]  Wow.
[01:32:44.120 --> 01:32:46.120]  Why are you so nice to me?
[01:32:46.120 --> 01:32:47.120]  Because I'm you.
[01:32:47.120 --> 01:33:12.120]  If you're out of shape and I need a better looking future call 888-910-4367 or visit microplantpowder.com.
[01:33:12.120 --> 01:33:38.120]  Okay, we are back.
[01:33:38.120 --> 01:33:43.120]  Randy Kelton, Debra Stevens with our radio and we're talking to Charles in Georgia.
[01:33:43.120 --> 01:33:48.120]  Charles, have we pretty well give you enough to think about?
[01:33:48.120 --> 01:33:49.120]  You have.
[01:33:49.120 --> 01:33:50.120]  You have.
[01:33:50.120 --> 01:33:52.120]  I don't have much time to think about it.
[01:33:52.120 --> 01:33:55.120]  You have given me plenty and I do appreciate it.
[01:33:55.120 --> 01:34:01.120]  I went to the frog and I'm looking at a 47 page document here of a edition of Huthis Corpus.
[01:34:01.120 --> 01:34:06.120]  I'm going to have a lot to look at as far as that goes.
[01:34:06.120 --> 01:34:08.120]  You will find that interesting.
[01:34:08.120 --> 01:34:15.120]  It'll give you a lot of ideas, especially about the rest of the six days in incarceration
[01:34:15.120 --> 01:34:17.120]  before seeing a magistrate.
[01:34:17.120 --> 01:34:21.120]  That's a big deal.
[01:34:21.120 --> 01:34:23.120]  That's all false imprisonment.
[01:34:23.120 --> 01:34:25.120]  You get to sue them for it.
[01:34:25.120 --> 01:34:28.120]  It's probably the same in Georgia.
[01:34:28.120 --> 01:34:35.120]  There's one thing for which the state of Texas weighs its sovereign immunity.
[01:34:35.120 --> 01:34:40.120]  False imprisonment.
[01:34:40.120 --> 01:34:45.120]  It's probably the same there.
[01:34:45.120 --> 01:34:50.120]  You may even get a lot of money from it.
[01:34:50.120 --> 01:34:51.120]  What about the property?
[01:34:51.120 --> 01:34:59.120]  I went in with 75 Federal Reserve notes and when I got ready to leave, well, first they
[01:34:59.120 --> 01:35:05.120]  didn't have my money when I left the jail of the first county.
[01:35:05.120 --> 01:35:10.120]  Then I had to go back a week later to claim my money.
[01:35:10.120 --> 01:35:14.120]  When they gave it back to me, they gave it to the bank.
[01:35:14.120 --> 01:35:19.120]  They put it on this little check card and so now when I get ready to go retrieve my money,
[01:35:19.120 --> 01:35:28.120]  they're going to take three or four dollars away from me and then they'll give me my money out of an ATM.
[01:35:28.120 --> 01:35:30.120]  Okay.
[01:35:30.120 --> 01:35:39.120]  You can fight that, but I suggest pick your battles really careful.
[01:35:39.120 --> 01:35:46.120]  Yeah, that's probably not right, but they couldn't give the money, let the jailers hold the money
[01:35:46.120 --> 01:35:47.120]  because they'll steal it.
[01:35:47.120 --> 01:35:51.120]  They're bigger cooks than the people they put in there.
[01:35:51.120 --> 01:35:58.120]  These are things they have to do in order to keep track of your money.
[01:35:58.120 --> 01:36:04.120]  At least you got most of it back, but you can fight that issue, but I'm going to suggest
[01:36:04.120 --> 01:36:09.120]  you have more important issues to pick your battles really careful.
[01:36:09.120 --> 01:36:10.120]  Okay.
[01:36:10.120 --> 01:36:11.120]  Okay.
[01:36:11.120 --> 01:36:12.120]  Okay.
[01:36:12.120 --> 01:36:15.120]  Thank you very much, Charles.
[01:36:15.120 --> 01:36:20.120]  Now we're going to go to John in Texas.
[01:36:20.120 --> 01:36:21.120]  Hello, John.
[01:36:21.120 --> 01:36:23.120]  What do you have for us today?
[01:36:23.120 --> 01:36:27.120]  Already I got big time problems.
[01:36:27.120 --> 01:36:30.120]  Uh-oh.
[01:36:30.120 --> 01:36:35.120]  Now don't start anything about it being cold in Texas.
[01:36:35.120 --> 01:36:37.120]  It never gets cold in Texas.
[01:36:37.120 --> 01:36:41.120]  That's a bunch of Yankee propaganda.
[01:36:41.120 --> 01:36:45.120]  And we wouldn't lie about that either.
[01:36:45.120 --> 01:36:46.120]  Okay.
[01:36:46.120 --> 01:36:48.120]  What's up, John?
[01:36:48.120 --> 01:36:55.120]  Okay, I bought a home when I'm sitting in February the 18th, 2005.
[01:36:55.120 --> 01:37:00.120]  Uh, I got behind on my payments.
[01:37:00.120 --> 01:37:01.120]  When?
[01:37:01.120 --> 01:37:07.120]  And I filed bankruptcy the 31st of January of this year.
[01:37:07.120 --> 01:37:12.120]  I filed a Chapter 13.
[01:37:12.120 --> 01:37:14.120]  Uh, the middle of March, I can...
[01:37:14.120 --> 01:37:15.120]  Hold on.
[01:37:15.120 --> 01:37:16.120]  Hold on.
[01:37:16.120 --> 01:37:19.120]  Do you claim the property is unsecured?
[01:37:19.120 --> 01:37:20.120]  Yes.
[01:37:20.120 --> 01:37:21.120]  Good.
[01:37:21.120 --> 01:37:22.120]  Okay.
[01:37:22.120 --> 01:37:27.120]  I converted to a 7 about the middle of March.
[01:37:27.120 --> 01:37:35.120]  On the 23rd of July, the bankruptcy was released.
[01:37:35.120 --> 01:37:36.120]  It wasn't...
[01:37:36.120 --> 01:37:38.120]  What's the word for it?
[01:37:38.120 --> 01:37:42.120]  It wasn't kicked out, that's what I'm saying.
[01:37:42.120 --> 01:37:50.120]  I went down to the bankruptcy court today to make sure that the lean holder did not file
[01:37:50.120 --> 01:37:51.120]  a claim.
[01:37:51.120 --> 01:37:52.120]  They...
[01:37:52.120 --> 01:37:53.120]  Hold on.
[01:37:53.120 --> 01:37:54.120]  Hold on.
[01:37:54.120 --> 01:38:01.120]  Was the bankruptcy adjudicated or did they dismiss it for some reason?
[01:38:01.120 --> 01:38:03.120]  No, they didn't dismiss it.
[01:38:03.120 --> 01:38:05.120]  Everything's cool.
[01:38:05.120 --> 01:38:14.120]  Did they write off... did the bank prove up their holder status of the note?
[01:38:14.120 --> 01:38:16.120]  No, they didn't say anything.
[01:38:16.120 --> 01:38:18.120]  They didn't follow a claim on that thing.
[01:38:18.120 --> 01:38:22.120]  Did the court write off the claim?
[01:38:22.120 --> 01:38:23.120]  Yes.
[01:38:23.120 --> 01:38:24.120]  Okay.
[01:38:24.120 --> 01:38:29.120]  You still have the deed of trust to deal with.
[01:38:29.120 --> 01:38:36.120]  Now file a quiet title action against the deed of trust.
[01:38:36.120 --> 01:38:38.120]  Okay, let's back up.
[01:38:38.120 --> 01:38:42.120]  What has been filed in the public record?
[01:38:42.120 --> 01:38:49.120]  The deed of trust, of course, it's in the public record, but I got another problem.
[01:38:49.120 --> 01:38:54.120]  The promissory note is a forgery.
[01:38:54.120 --> 01:38:55.120]  You don't care about that.
[01:38:55.120 --> 01:38:58.120]  The promissory note's gone.
[01:38:58.120 --> 01:39:02.120]  Well, they're saying they have a good promissory note and they...
[01:39:02.120 --> 01:39:03.120]  Don't make any difference.
[01:39:03.120 --> 01:39:07.120]  The bankruptcy wrote it off.
[01:39:07.120 --> 01:39:08.120]  Right.
[01:39:08.120 --> 01:39:11.120]  That's gone.
[01:39:11.120 --> 01:39:15.120]  But they give me notice they're going full close on me.
[01:39:15.120 --> 01:39:18.120]  Okay, they're doing that on the deed of trust.
[01:39:18.120 --> 01:39:19.120]  Yes.
[01:39:19.120 --> 01:39:25.120]  So if you got them... if they wrote off the note in the bankruptcy, they still have the
[01:39:25.120 --> 01:39:30.120]  deed of trust.
[01:39:30.120 --> 01:39:32.120]  I'm hearing stuff you're not.
[01:39:32.120 --> 01:39:33.120]  I heard some beeps.
[01:39:33.120 --> 01:39:36.120]  I'm not sure if we heard any.
[01:39:36.120 --> 01:39:42.120]  Did we go off and on?
[01:39:42.120 --> 01:39:43.120]  Okay.
[01:39:43.120 --> 01:39:44.120]  Hold on.
[01:39:44.120 --> 01:39:47.120]  Just in case we went off the air for a second there.
[01:39:47.120 --> 01:39:51.120]  I get a beep when we go off the air and then when we come back on.
[01:39:51.120 --> 01:39:54.120]  And I've got a couple of beeps in my headset that you don't get.
[01:39:54.120 --> 01:39:57.120]  So we might have missed the last couple of sentences.
[01:39:57.120 --> 01:39:58.120]  So let's back up.
[01:39:58.120 --> 01:40:04.120]  You went, followed a 13, changed it to 7, claimed the property is unsecured.
[01:40:04.120 --> 01:40:07.120]  They wrote off the note in the bankruptcy.
[01:40:07.120 --> 01:40:09.120]  So now there's no more note.
[01:40:09.120 --> 01:40:13.120]  The only thing left is a deed of trust.
[01:40:13.120 --> 01:40:14.120]  Yes.
[01:40:14.120 --> 01:40:17.120]  Now, let's talk about the deed of trust.
[01:40:17.120 --> 01:40:26.120]  Is there also... okay, is the entity who is claiming authority to foreclose the same
[01:40:26.120 --> 01:40:30.120]  entity who issued the loan?
[01:40:30.120 --> 01:40:32.120]  No.
[01:40:32.120 --> 01:40:42.120]  Is there an assignment of the security instrument from the original lender to the current claimant?
[01:40:42.120 --> 01:40:45.120]  Yes.
[01:40:45.120 --> 01:40:49.120]  Is the original lender still in business?
[01:40:49.120 --> 01:40:52.120]  They were never in business.
[01:40:52.120 --> 01:40:55.120]  Is this American wholesale lenders?
[01:40:55.120 --> 01:40:57.120]  Yes.
[01:40:57.120 --> 01:40:59.120]  There is a God.
[01:40:59.120 --> 01:41:00.120]  Okay.
[01:41:00.120 --> 01:41:02.120]  I need to explain this to you.
[01:41:02.120 --> 01:41:07.120]  I don't think anybody else has ever, they know about this.
[01:41:07.120 --> 01:41:11.120]  There's three America's wholesale lenders.
[01:41:11.120 --> 01:41:16.120]  America's wholesale lenders, a new corporation, never existed.
[01:41:16.120 --> 01:41:22.120]  I have a certified copy from New York saying it's never existed.
[01:41:22.120 --> 01:41:32.120]  Number two, America's wholesale lender with an R around it is registered with the United
[01:41:32.120 --> 01:41:38.120]  States Patent and Trademark Office in 1995.
[01:41:38.120 --> 01:41:43.120]  That is to be used for advertisements only.
[01:41:43.120 --> 01:41:48.120]  And those people that file that at the time is countrywide.
[01:41:48.120 --> 01:41:53.120]  You cannot use it, that name, other than for advertisement only.
[01:41:53.120 --> 01:41:54.120]  Yes.
[01:41:54.120 --> 01:42:00.120]  And that has to be used with countywide home loans together.
[01:42:00.120 --> 01:42:10.120]  And then the third one is America's wholesale lender, DBA, countrywide home loans.
[01:42:10.120 --> 01:42:11.120]  Okay.
[01:42:11.120 --> 01:42:19.120]  The reason America's wholesale lender as a New York corporation was used, which did not
[01:42:19.120 --> 01:42:26.120]  exist, is because the title companies were complaining and they wanted to stop making
[01:42:26.120 --> 01:42:30.120]  loans with America's wholesale lender, DBA, countrywide.
[01:42:30.120 --> 01:42:32.120]  They said that we're not going to do it.
[01:42:32.120 --> 01:42:36.120]  So countrywide made up this lie.
[01:42:36.120 --> 01:42:38.120]  It's a New York corporation.
[01:42:38.120 --> 01:42:39.120]  Okay.
[01:42:39.120 --> 01:42:40.120]  Hold on.
[01:42:40.120 --> 01:42:41.120]  Hold on.
[01:42:41.120 --> 01:42:44.120]  Where are you getting this information from?
[01:42:44.120 --> 01:42:50.120]  I've gotten it from the data records.
[01:42:50.120 --> 01:42:56.120]  Oh, goody, goody, can you send that to me?
[01:42:56.120 --> 01:42:57.120]  Yes.
[01:42:57.120 --> 01:42:59.120]  Oh, wonderful.
[01:42:59.120 --> 01:43:06.120]  I have a case if you'll send me an email that I will send to you out of Florida.
[01:43:06.120 --> 01:43:07.120]  Florida.
[01:43:07.120 --> 01:43:08.120]  I've got that.
[01:43:08.120 --> 01:43:10.120]  You've got that.
[01:43:10.120 --> 01:43:11.120]  Okay.
[01:43:11.120 --> 01:43:12.120]  16th of October.
[01:43:12.120 --> 01:43:20.120]  So what you need to do is file a quiet title action against the deed of trust.
[01:43:20.120 --> 01:43:28.120]  And if the lawyer files any document in this case, are you familiar with the San Diego
[01:43:28.120 --> 01:43:30.120]  Mackie decision?
[01:43:30.120 --> 01:43:34.120]  No, I'm not.
[01:43:34.120 --> 01:43:35.120]  You're going to like this.
[01:43:35.120 --> 01:43:36.120]  Hang on.
[01:43:36.120 --> 01:43:38.120]  We're about to go to break.
[01:43:38.120 --> 01:43:45.120]  We're going to go to the top and then we're Steven's rule of law radio or calling number
[01:43:45.120 --> 01:43:49.120]  51264619 able for the Elizabeth.
[01:43:49.120 --> 01:43:50.120]  I see you there.
[01:43:50.120 --> 01:43:53.120]  We will try to get you on the next five.
[01:43:53.120 --> 01:43:55.120]  We're into the last segment.
[01:43:55.120 --> 01:43:59.120]  So if we can't get you today, we'll certainly get to you tomorrow.
[01:43:59.120 --> 01:44:00.120]  We'll be right back.
[01:44:00.120 --> 01:44:04.120]  You feel tired when talking about important topics like money and politics.
[01:44:04.120 --> 01:44:05.120]  Sorry.
[01:44:05.120 --> 01:44:08.120]  I'm used by words like the Constitution or the Federal Reserve.
[01:44:08.120 --> 01:44:09.120]  What?
[01:44:09.120 --> 01:44:13.120]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:13.120 --> 01:44:14.120]  Hi.
[01:44:14.120 --> 01:44:15.120]  My name is Steve Holt.
[01:44:15.120 --> 01:44:19.120]  And like millions of other Americans, I was diagnosed with stupidity at an early age.
[01:44:19.120 --> 01:44:24.120]  I had no idea that the number one cause of the disease is found in almost every home in
[01:44:24.120 --> 01:44:25.120]  America, the television.
[01:44:25.120 --> 01:44:29.120]  Unfortunately, that puts most Americans at risk of catching stupidity.
[01:44:29.120 --> 01:44:30.120]  But there is hope.
[01:44:30.120 --> 01:44:35.120]  The staff at Brave New Books have helped me and thousands of other foxaholics suffering from sport
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[01:45:29.120 --> 01:45:33.120]  This video was created by a licensed attorney with 22 years of case winning experience.
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[01:46:23.120 --> 01:46:31.120]  Some things in this world I will never understand. Some things I realize fully.
[01:46:31.120 --> 01:46:40.120]  Somebody's on a police, that police man. Somebody's on a police, a police.
[01:46:40.120 --> 01:46:49.120]  There's always room at the top of the hill. I hear through the grapevine and it's lonely love too.
[01:46:49.120 --> 01:47:00.120]  They're wishing it was more than I positioned to fail. They know that if they don't do it, somebody will complain.
[01:47:00.120 --> 01:47:06.120]  Okay, we are back. Randy Kelton, Deborah Stevens, rule of law radio, and we're talking to John in Texas.
[01:47:06.120 --> 01:47:09.120]  So you've got American wholesale vendors. That's wonderful.
[01:47:09.120 --> 01:47:23.120]  Prepare a quiet title, cite the Florida case. This should essentially be a slam dunk, but I'm going to make a suggestion.
[01:47:23.120 --> 01:47:24.120]  Okay.
[01:47:24.120 --> 01:47:34.120]  Do not do it, pro se. This is far too important to risk the pro se bias.
[01:47:34.120 --> 01:47:39.120]  Okay, there's another part to it, Randy.
[01:47:39.120 --> 01:47:40.120]  Okay.
[01:47:40.120 --> 01:47:57.120]  If this comes to pass about $86 billion in loans or void, I did a rescind on this. I have a right to rescind under 226.
[01:47:57.120 --> 01:48:05.120]  I think it's point. Yeah, the person in the act, but if you, if you rescind, you must tender.
[01:48:05.120 --> 01:48:20.120]  So if you're going to do a recension, then get the HUD one settlement statement, calculate all of the fees on the HUD one settlement statement,
[01:48:20.120 --> 01:48:29.120]  and make up a claim against the lender, you can't do this in a quiet title action.
[01:48:29.120 --> 01:48:34.120]  You make a claim against the lender for charging fraudulent fees.
[01:48:34.120 --> 01:48:39.120]  This will probably take as long as we have to explain.
[01:48:39.120 --> 01:48:57.120]  At closing, did the lender, I'm sorry, did the closing trustee bring to the table documentation concerning the fees charged on the HUD one settlement statement,
[01:48:57.120 --> 01:49:04.120]  documentation that showed that the fees charged were not otherwise prohibited from being charged by law,
[01:49:04.120 --> 01:49:12.120]  that the fees were for services actually rendered, that the services were necessary,
[01:49:12.120 --> 01:49:20.120]  that the vendors that provided the service were bona fide vendors and not front companies for your fiduciaries,
[01:49:20.120 --> 01:49:25.120]  that the services were necessary, that the amounts charged were reasonable,
[01:49:25.120 --> 01:49:30.120]  and that the lender did not take an undisclosed markup on the fees charged.
[01:49:30.120 --> 01:49:35.120]  Now this is all out of the Truth and Lending Act and the Real Estate Settlement Procedures Act.
[01:49:35.120 --> 01:49:41.120]  And since your answer is going to be no, they didn't bring any documentation because they never do,
[01:49:41.120 --> 01:49:47.120]  then presuppose that all of the fees charged at closing were fraudulent.
[01:49:47.120 --> 01:49:55.120]  Maybe they're all not, but you don't have any way of knowing that because you don't have any documentation.
[01:49:55.120 --> 01:50:01.120]  So claim them all as fraudulent. And then tell them that if you prove up one of these,
[01:50:01.120 --> 01:50:09.120]  why I'll deduct that from the calculation, you take that amount and you go online
[01:50:09.120 --> 01:50:14.120]  and pull you up a spreadsheet amortization schedule,
[01:50:14.120 --> 01:50:19.120]  and you put your principal interest in term in the amortization schedule,
[01:50:19.120 --> 01:50:25.120]  and it will run you a list of all of the payments that you would make,
[01:50:25.120 --> 01:50:28.120]  and how much would be principal, how much would be interest.
[01:50:28.120 --> 01:50:38.120]  Go to the first payment and include the full amount from the HUD 1 settlement statement as an overpayment.
[01:50:38.120 --> 01:50:43.120]  And then look at your numbers. Go down to the bottom.
[01:50:43.120 --> 01:50:49.120]  The first one I did this with was Steve Skidmore about six, seven years ago.
[01:50:49.120 --> 01:50:54.120]  $116,000 a note at 6% interest,
[01:50:54.120 --> 01:50:59.120]  $12,000 in fees on the HUD 1 settlement statement.
[01:50:59.120 --> 01:51:09.120]  Over the life of the note, he would have paid off the 30-year mortgage at payment 240.
[01:51:09.120 --> 01:51:19.120]  By payment 360, they would have overcharged him $50,043 in change.
[01:51:19.120 --> 01:51:23.120]  That's fraud.
[01:51:23.120 --> 01:51:29.120]  And it's fraud for every extra dollar they add to the note,
[01:51:29.120 --> 01:51:34.120]  you pay interest on it until the last dollar.
[01:51:34.120 --> 01:51:39.120]  So you don't sue them for the amount they actually defrauded you of.
[01:51:39.120 --> 01:51:42.120]  In this case, the note was five years old.
[01:51:42.120 --> 01:51:48.120]  You sue them for the amount they would have defrauded you of had their plan went to fruition,
[01:51:48.120 --> 01:51:51.120]  which in this case was $50,000.
[01:51:51.120 --> 01:51:56.120]  But you don't sue for that amount either. You sue for triple.
[01:51:56.120 --> 01:52:05.120]  So what this will do is give you a claim against the lender in excess of the tender amount.
[01:52:05.120 --> 01:52:12.120]  Then you move for rescission and tender by set off.
[01:52:12.120 --> 01:52:13.120]  Okay.
[01:52:13.120 --> 01:52:14.120]  That make sense?
[01:52:14.120 --> 01:52:15.120]  Yes.
[01:52:15.120 --> 01:52:18.120]  Now, there's one more thing I want to ask you.
[01:52:18.120 --> 01:52:25.120]  The note or was promissory note was $82,900.
[01:52:25.120 --> 01:52:35.120]  I have paid the mortgage company, you know, as a sign of Bank of America, $56,000.
[01:52:35.120 --> 01:52:42.120]  About two weeks before they were going to foreclose on this back in February,
[01:52:42.120 --> 01:52:49.120]  they lowered the price of this home for $32,500.
[01:52:49.120 --> 01:52:53.120]  The trustee did.
[01:52:53.120 --> 01:52:55.120]  Now, what does that say?
[01:52:55.120 --> 01:52:57.120]  If I pay, you ever heard of that?
[01:52:57.120 --> 01:52:58.120]  Oh, yeah.
[01:52:58.120 --> 01:53:03.120]  That was the starting sale price.
[01:53:03.120 --> 01:53:04.120]  Yeah.
[01:53:04.120 --> 01:53:13.120]  But if somebody put that bid in, they bought it for $32,000, then I'd get a $1099 for, you know...
[01:53:13.120 --> 01:53:19.120]  Well, no, you get a $1099, but they couldn't come after you for that.
[01:53:19.120 --> 01:53:22.120]  There's no subrogation here in Texas.
[01:53:22.120 --> 01:53:25.120]  Wrong issue right now.
[01:53:25.120 --> 01:53:30.120]  You don't need to fight that battle at the moment.
[01:53:30.120 --> 01:53:36.120]  What I suggest you do is get together a quiet title immediately.
[01:53:36.120 --> 01:53:37.120]  Okay.
[01:53:37.120 --> 01:53:38.120]  And don't worry about rescission.
[01:53:38.120 --> 01:53:41.120]  You don't need to rescission anything.
[01:53:41.120 --> 01:53:42.120]  Okay.
[01:53:42.120 --> 01:53:43.120]  Okay.
[01:53:43.120 --> 01:53:44.120]  You have a question?
[01:53:44.120 --> 01:53:46.120]  Listen, they don't have a note.
[01:53:46.120 --> 01:53:52.120]  All you have to do is crash the security instrument and they are toast.
[01:53:52.120 --> 01:53:53.120]  Okay.
[01:53:53.120 --> 01:53:56.120]  It's over.
[01:53:56.120 --> 01:53:58.120]  Appreciate it, Randy.
[01:53:58.120 --> 01:54:00.120]  Okay.
[01:54:00.120 --> 01:54:04.120]  Good luck and keep us up to date.
[01:54:04.120 --> 01:54:05.120]  Okay.
[01:54:05.120 --> 01:54:06.120]  Thank you.
[01:54:06.120 --> 01:54:07.120]  Bye-bye.
[01:54:07.120 --> 01:54:08.120]  Okay.
[01:54:08.120 --> 01:54:12.120]  Now we're going to Elizabeth 501 area code.
[01:54:12.120 --> 01:54:14.120]  I should know where that's at.
[01:54:14.120 --> 01:54:17.120]  Elizabeth.
[01:54:17.120 --> 01:54:18.120]  Hello.
[01:54:18.120 --> 01:54:20.120]  It's actually Elizabeth.
[01:54:20.120 --> 01:54:22.120]  It looks like it though.
[01:54:22.120 --> 01:54:26.120]  Elizabeth, you sure have a low voice.
[01:54:26.120 --> 01:54:27.120]  Hey, Randy.
[01:54:27.120 --> 01:54:30.120]  I'm really into you, baby.
[01:54:30.120 --> 01:54:31.120]  Okay.
[01:54:31.120 --> 01:54:32.120]  Go ahead.
[01:54:32.120 --> 01:54:37.120]  I want to tell you, I have a little something similar to what the gentleman was just talking
[01:54:37.120 --> 01:54:40.120]  about with you and I wanted to run this by you real quick.
[01:54:40.120 --> 01:54:45.120]  I have an original lender out of business since 2008.
[01:54:45.120 --> 01:54:51.120]  I have a lawsuit that got started in 2013 and the assignment is from this original lender
[01:54:51.120 --> 01:54:56.120]  to a trustee for the big bank that I had made payments to.
[01:54:56.120 --> 01:54:57.120]  Okay.
[01:54:57.120 --> 01:55:01.120]  When did the assignment take place and who did it?
[01:55:01.120 --> 01:55:05.120]  It was in 2013, shall I say names?
[01:55:05.120 --> 01:55:06.120]  Yes.
[01:55:06.120 --> 01:55:13.120]  It was basically MERS on behalf of, I'm not sure what the lingo is, but I know you.
[01:55:13.120 --> 01:55:14.120]  Okay.
[01:55:14.120 --> 01:55:16.120]  That's what I wanted to hear.
[01:55:16.120 --> 01:55:21.120]  So MERS did an assignment for a dead guy.
[01:55:21.120 --> 01:55:23.120]  Yes, exactly.
[01:55:23.120 --> 01:55:25.120]  And I don't think they can do that.
[01:55:25.120 --> 01:55:26.120]  This is in the statement.
[01:55:26.120 --> 01:55:27.120]  Okay.
[01:55:27.120 --> 01:55:28.120]  Let me explain.
[01:55:28.120 --> 01:55:31.120]  This is also, I referenced a Florida case earlier.
[01:55:31.120 --> 01:55:39.120]  This is specifically in the Florida case where MERS did a transfer of the security
[01:55:39.120 --> 01:55:46.120]  instrument, assignment of the security instrument after when wholesale lenders didn't exist.
[01:55:46.120 --> 01:55:50.120]  MERS did an assignment for wholesale lenders.
[01:55:50.120 --> 01:55:56.120]  And the court said MERS cannot do an assignment for a non-existent company.
[01:55:56.120 --> 01:55:59.120]  Who was your original lender?
[01:55:59.120 --> 01:56:02.120]  My original lender is called Fremont Investment and Loan.
[01:56:02.120 --> 01:56:03.120]  Fremont.
[01:56:03.120 --> 01:56:04.120]  Okay.
[01:56:04.120 --> 01:56:05.120]  I'm familiar with Fremont.
[01:56:05.120 --> 01:56:06.120]  Okay.
[01:56:06.120 --> 01:56:10.120]  Fremont underlaw was a person.
[01:56:10.120 --> 01:56:20.120]  Ed, he's running the board for me tonight and he'll very quickly define person as a legal
[01:56:20.120 --> 01:56:26.120]  fiction and a legal fiction, a corporation, a company and LLC, all that.
[01:56:26.120 --> 01:56:33.120]  And they're considered a person for the purpose of the company being able to exercise certain
[01:56:33.120 --> 01:56:34.120]  rights.
[01:56:34.120 --> 01:56:35.120]  Sure.
[01:56:35.120 --> 01:56:39.120]  Well, the problem is the person died.
[01:56:39.120 --> 01:56:40.120]  Right.
[01:56:40.120 --> 01:56:44.120]  MERS was an agent for this person.
[01:56:44.120 --> 01:56:52.120]  And there was a case out of New York that calls the dead lender, the vampire lender,
[01:56:52.120 --> 01:56:57.120]  judge Sheck out of New York, because of the vampire lender.
[01:56:57.120 --> 01:57:04.120]  I just wrote someone a document on this issue out of Illinois and I accused him of doing
[01:57:04.120 --> 01:57:07.120]  an assignment for a dead guy.
[01:57:07.120 --> 01:57:15.120]  And I think they probably thought that was kind of, right after that, I quoted judge
[01:57:15.120 --> 01:57:18.120]  Sheck as calling the dead lender, the vampire lender.
[01:57:18.120 --> 01:57:23.120]  So he was worse than me.
[01:57:23.120 --> 01:57:28.120]  I suggest, have you been foreclosed on?
[01:57:28.120 --> 01:57:30.120]  Or they're in the process?
[01:57:30.120 --> 01:57:31.120]  Not officially.
[01:57:31.120 --> 01:57:32.120]  It's in court.
[01:57:32.120 --> 01:57:33.120]  Okay.
[01:57:33.120 --> 01:57:34.120]  Quiet title.
[01:57:34.120 --> 01:57:38.120]  Reason I asked that question.
[01:57:38.120 --> 01:57:47.120]  Prior to foreclosure and the filing of a substitute tree's trustee deed, you filed a quiet title
[01:57:47.120 --> 01:57:48.120]  action.
[01:57:48.120 --> 01:57:53.120]  After a trustee's deed, you filed a trespass to try a title.
[01:57:53.120 --> 01:58:01.120]  Only go after the assignment as being, you filed a quiet title against the assignment.
[01:58:01.120 --> 01:58:03.120]  Get that tossed in a toast.
[01:58:03.120 --> 01:58:04.120]  Okay.
[01:58:04.120 --> 01:58:05.520]  We are out of time.
[01:58:05.520 --> 01:58:11.120]  If you want to discuss this more, John, call us back tomorrow.
[01:58:11.120 --> 01:58:12.120]  Elizabeth.
[01:58:12.120 --> 01:58:13.120]  I don't know.
[01:58:13.120 --> 01:58:14.120]  You're not screwed.
[01:58:14.120 --> 01:58:15.120]  I don't want to tell you.
[01:58:15.120 --> 01:58:17.120]  Tomorrow we'll talk about this more.
[01:58:17.120 --> 01:58:19.120]  This is Randy Kelton.
[01:58:19.120 --> 01:58:20.120]  They're best feelings.
[01:58:20.120 --> 01:58:21.120]  We live on radio.
[01:58:21.120 --> 01:58:25.120]  And we will be back tomorrow for our four hour info marathon.
[01:58:25.120 --> 01:58:27.120]  Thank you for listening.
[01:58:27.120 --> 01:58:32.120]  And I know you may listen to the news and hear some propaganda about it getting bold and
[01:58:32.120 --> 01:58:35.120]  effective, but don't pay any attention to that.
[01:58:35.120 --> 01:58:37.120]  Everybody told you that.
[01:58:37.120 --> 01:58:50.120]  And turn off all the speakers.
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