[00:00.000 --> 00:07.580] This is the Liberty Beat, your daily source for Liberty News and activist updates, online [00:07.580 --> 00:08.580] at thelibertybeat.com. [00:08.580 --> 00:13.740] I'm Brian Hagan with your Liberty Beat for Friday, February 6th, 2015. [00:13.740 --> 00:20.700] Gold is trading at $1,264, silver $17.22, and bitcoin around $218. [00:20.700 --> 00:24.980] Today's precious metal price is brought to you by Midas Resources Incorporated, helping [00:24.980 --> 00:29.540] clients convert their paper 401Ks and IRAs to solid gold and silver. [00:29.540 --> 00:37.040] Get their 10 reasons book free by calling 800-686-2237, that's 800-686-2237. [00:37.040 --> 00:41.640] The Liberty Beat is sponsored by eFoods Direct, redefining the way you think about storable [00:41.640 --> 00:42.640] food. [00:42.640 --> 00:46.360] With civil unrest occurring all across the country, being food secure has never been [00:46.360 --> 00:47.360] more important. [00:47.360 --> 00:54.080] Visit eFoodsDirect.com slash Liberty Beat or call 800-620-5520 to learn more about food [00:54.080 --> 00:56.520] security in a time of crisis. [00:56.520 --> 01:01.120] In the news, the Transportation Security Administration, the Philadelphia Police Department, and the [01:01.120 --> 01:05.640] Department of Homeland Security are being sued after arresting a man on false charges [01:05.640 --> 01:08.320] and lying about the facts in court. [01:08.320 --> 01:14.200] In 2013, Roger Vanderklok was stopped and questioned by TSA workers over power bar snacks [01:14.200 --> 01:15.880] and a watch in his bag. [01:15.880 --> 01:20.200] Vanderklok says there was a misunderstanding between him and the TSA. [01:20.200 --> 01:23.880] After his bag was cleared of hazardous materials, he asked to file a complaint. [01:23.880 --> 01:28.120] Instead, he was put into a holding area and the Philadelphia Police were called. [01:28.120 --> 01:32.280] He was arrested and charged with threatening the placement of a bomb and making terroristic [01:32.280 --> 01:33.280] threats. [01:33.280 --> 01:38.280] At his trial, a TSA supervisor claimed Vanderklok was getting agitated, waving his hands in [01:38.280 --> 01:41.080] the air and threatened to bring a bomb through security. [01:41.080 --> 01:46.680] However, surveillance video proved the supervisor was lying and Vanderklok was acquitted. [01:46.680 --> 01:53.840] He's now suing the agencies for their participation in depriving him of his liberty. [01:53.840 --> 01:58.240] A new warrant from the American Civil Liberties Union of North Carolina has found that more [01:58.240 --> 02:03.200] than 70 North Carolina law enforcement agencies use surveillance tools, including automatic [02:03.200 --> 02:07.300] license plate readers and cell site simulators known as stingrays. [02:07.300 --> 02:13.000] The ACLUNC and former state senator and criminal defense attorney Tom Gulsby held a briefing [02:13.000 --> 02:15.440] on the growing surveillance and privacy issues. [02:15.440 --> 02:19.560] In response to the growth of surveillance tools focusing on domestic communications, [02:19.560 --> 02:23.880] the ACLUNC is supporting legislation which would require the police to get a warrant [02:23.880 --> 02:26.360] for gathering digital data. [02:26.360 --> 02:32.400] The Liberty Beat is made possible by WatchMyBit.com, the first ever micropayment-based video service. [02:32.400 --> 02:37.120] If you're a content creator, visit WatchMyBit.com to learn how you can use Bitcoin to generate [02:37.120 --> 02:39.000] revenue for your art. [02:39.000 --> 02:41.120] That's WatchMyBit.com. [02:41.120 --> 02:46.160] Support also comes from MyMagicMod, detoxifying tooth powder, the most effective and affordable [02:46.160 --> 02:47.160] dental care around. [02:47.160 --> 02:51.400] Get a $150 application jar at MyMagicMod.com. [02:51.400 --> 02:55.000] This is the Liberty Beat for Friday, February 6, 2015. [02:55.000 --> 03:22.440] Check out the website at theLibertyBeat.com. [03:25.000 --> 03:29.680] Okay, howdy, howdy. [03:29.680 --> 03:36.400] This is Randy Kelton, Steve Skidmore, Wheelbarrow Radio on this Friday, the 6th of February [03:36.400 --> 03:41.360] 2015. [03:41.360 --> 03:52.760] And last Thursday I started out, I went through a little presentation that I'm trying to develop [03:52.760 --> 03:56.040] called Leto 101. [03:56.040 --> 04:01.040] And I talked about some common fallacies and how the court works. [04:01.040 --> 04:06.840] Today I, since Steve's going to be about an hour late, I wanted to start out with due [04:06.840 --> 04:07.840] process. [04:07.840 --> 04:11.280] We haven't talked about due process in quite a while. [04:11.280 --> 04:18.120] I have found some problems in the code that need to be addressed. [04:18.120 --> 04:28.680] And I'm hoping that I can generate some interest and participation in presenting and promoting [04:28.680 --> 04:36.080] some changes in the Texas Code of Criminal Procedure. [04:36.080 --> 04:40.160] It needs a little tweaking. [04:40.160 --> 04:47.280] And so I'm going to start out with due process, or at least how due process should work. [04:47.280 --> 04:57.120] In any case where there is an accusation of a criminal act against anyone, according to [04:57.120 --> 05:06.560] the constitution, the state constitution, all crimes are to be presented to a grand [05:06.560 --> 05:07.560] jury. [05:07.560 --> 05:12.600] That's the way it was originally intended, but the legislature has made adjustments to [05:12.600 --> 05:21.760] that so that only felonies are to be presented to grand juries. [05:21.760 --> 05:35.760] So it fundamentally changed the way law was done. [05:35.760 --> 05:46.240] And back in 1965, as best I can tell, there was a minor, seemingly minor change to the [05:46.240 --> 05:55.840] Code of Criminal Procedure that set the stage for the situation we have now, the police [05:55.840 --> 05:59.400] state we all exist in. [05:59.400 --> 06:07.040] Most people don't realize that we're in a police state, so what would amount to a police [06:07.040 --> 06:15.240] state since we live in this country and this country seems kind of natural and normal because [06:15.240 --> 06:20.680] it's all we've ever known, we haven't known any other countries for the most part. [06:20.680 --> 06:31.520] And we watch TV and we see images of these police states and they seem horrible, but [06:31.520 --> 06:36.160] in actuality, even in a police state, the vast majority of the people never have anything [06:36.160 --> 06:37.640] to do with the police. [06:37.640 --> 06:46.600] Oh, they see them walking around out there, but they don't have any interaction with them. [06:46.600 --> 06:59.600] The state of Texas, the average conviction rate for all crimes across the board, 99.6. [06:59.600 --> 07:04.760] Would you recognize a police state if you were in one? [07:04.760 --> 07:12.120] The United States contains approximately 3% of the world's population. [07:12.120 --> 07:19.880] We house approximately 50% of the world's populations of inmates. [07:19.880 --> 07:23.520] And we call this a free country. [07:23.520 --> 07:26.680] There isn't much free about that. [07:26.680 --> 07:35.360] And it started out in 1965 when the legislature changed Article 14.01 Texas Code of Criminal [07:35.360 --> 07:41.600] Procedure. [07:41.600 --> 07:48.160] They didn't actually change what was already in there. [07:48.160 --> 07:52.880] What they did was added something to it. [07:52.880 --> 08:04.200] And prior to that, a police officer could arrest someone without a warrant for any offense [08:04.200 --> 08:09.400] committed in their sight or in their presence or in their hearing. [08:09.400 --> 08:17.280] 14.01, a peace officer or any other person may, without a warrant, arrest an offender [08:17.280 --> 08:22.560] when the offense is committed in his presence or within his view. [08:22.560 --> 08:33.360] If the offense is one classed as a felony or as an offense against the public peace. [08:33.360 --> 08:43.400] That's what it said for almost 100 years of Texas history, a little over 100 years. [08:43.400 --> 08:53.120] And then in 1975, they added a paragraph. [08:53.120 --> 09:00.780] A peace officer may arrest an offender without a warrant for any offense committed in his [09:00.780 --> 09:04.080] presence or within his view. [09:04.080 --> 09:15.360] Now if you read those two, paragraph B is exclusive of paragraph A. Paragraph A and [09:15.360 --> 09:24.040] B essentially say the same thing, except paragraph A sets a limitation on those things for which [09:24.040 --> 09:28.980] a person can be arrested without a warrant. [09:28.980 --> 09:42.720] If B doesn't change paragraph A, it is paragraph A with the second portion taken out. [09:42.720 --> 09:53.880] So prosecutors who have been directed by the legislature to give legal advice to the police [09:53.880 --> 10:03.280] and inferior courts have interpreted this to mean that a police officer in the state [10:03.280 --> 10:11.260] of Texas can arrest anyone or anything. [10:11.260 --> 10:15.280] If you drop a piece of paper, you can be arrested. [10:15.280 --> 10:21.400] If you're driving down the road and your wheels at one point barely touch the yellow line, [10:21.400 --> 10:26.320] you can be arrested, thrown in jail. [10:26.320 --> 10:32.400] Anything that is a violation of any law in Texas, a police officer can arrest you at [10:32.400 --> 10:34.840] his caprice. [10:34.840 --> 10:46.300] And that would be bad enough, but the courts have come to the point that they will accept [10:46.300 --> 10:51.520] known perjurious statement from the police without question. [10:51.520 --> 11:00.040] As a matter of fact, in the traffic courts, it seems the courts prefer perjury to the [11:00.040 --> 11:02.480] truth. [11:02.480 --> 11:12.920] What they prefer from the officer is a statement that amounts to a sufficient accusation to [11:12.920 --> 11:19.080] meet all of the requirements of a criminal accusation, whether all of the elements are [11:19.080 --> 11:20.200] present or not. [11:20.200 --> 11:27.580] If all of the elements are not present, the court wants to hear that they are present. [11:27.580 --> 11:35.040] And if the policeman lies to the court, and primarily I'm speaking to a traffic court, [11:35.040 --> 11:40.600] if the policeman lies to the court and the judge knows he's lying to the court, he does [11:40.600 --> 11:43.300] not care. [11:43.300 --> 11:51.440] The reason he doesn't care is because traffic court is not about keeping the peace. [11:51.440 --> 11:54.800] Traffic court is about the money. [11:54.800 --> 11:59.200] It's all about collecting an unauthorized tax. [11:59.200 --> 12:05.560] I know on Eddie Craig's show, they talk about the right to travel. [12:05.560 --> 12:12.960] My issue with the right to travel isn't so much one that goes to the regulation, the [12:12.960 --> 12:20.720] safety regulation of people moving around the roads in 3,000 pounds of self-propelled [12:20.720 --> 12:23.000] iron. [12:23.000 --> 12:32.040] My concern with the traffic code is that it is used as an unauthorized tax, that it's [12:32.040 --> 12:39.640] used to extract tremendous amount of money from the public that was never authorized [12:39.640 --> 12:41.840] by law. [12:41.840 --> 12:47.960] And Eddie will talk about the part where the traffic code does not apply to you unless [12:47.960 --> 12:50.280] you're in commerce. [12:50.280 --> 13:03.680] Well, the traffic code evolved out of an earlier code, originally instituted to the control [13:03.680 --> 13:06.920] carriage operators. [13:06.920 --> 13:15.320] And as the carriages went from horsepower to motorized, they carried the traffic code [13:15.320 --> 13:19.560] over to the motorized. [13:19.560 --> 13:29.840] But even when the carriages were originally licensed, it was clear that only those persons [13:29.840 --> 13:35.480] operating carriages in commerce were affected by it. [13:35.480 --> 13:43.840] But in the teens and 20s, when we started getting more and more cars on the road, the [13:43.840 --> 13:52.240] local municipalities discovered that this was a very handy source of revenue. [13:52.240 --> 13:54.800] So they didn't really care what the law said. [13:54.800 --> 13:59.840] They intended to enforce these laws against everyone because they could make a reasonable [13:59.840 --> 14:02.400] argument for it. [14:02.400 --> 14:06.520] They could say, well, you know, these people are going to kill each other, we're all a [14:06.520 --> 14:12.480] bunch of morons out here, and if we don't have traffic laws, everybody will be out there [14:12.480 --> 14:15.720] slaughtering each other on the streets. [14:15.720 --> 14:23.920] Well, as I understand in Iran, in Tehran, there are no traffic laws, there are no traffic [14:23.920 --> 14:32.520] lights, there's nothing, no stop signs, but there's no more accidents there than there [14:32.520 --> 14:33.520] are here. [14:33.520 --> 14:37.360] Well, what the heck is with that? [14:37.360 --> 14:45.920] Well, if you're in the United States and you operate under the presumption that traffic [14:45.920 --> 14:53.280] signs and traffic control devices are controlling, when you have the right of way, you don't [14:53.280 --> 14:56.280] even bother to look. [14:56.280 --> 15:00.960] There's a commercial on recently about a guy saying he bought a new car and he gets t-boned. [15:00.960 --> 15:06.640] Well, he got t-boned because he wasn't paying attention, because he felt like he didn't [15:06.640 --> 15:12.400] have to, he came to a green light and he felt like the other person had a red light and [15:12.400 --> 15:17.320] that red light would put on the other person's brakes for him, so he didn't bother to look. [15:17.320 --> 15:24.320] In Tehran, if you come to an intersection, if you're having a deep conversation with [15:24.320 --> 15:28.320] your buddy, you're going to stop for a second and look around and see if anybody's about [15:28.320 --> 15:29.880] to kill you. [15:29.880 --> 15:34.720] So the argument that we have to have traffic laws is kind of a fallacious argument. [15:34.720 --> 15:41.200] The real reason for traffic laws is so that they can tax us. [15:41.200 --> 15:46.280] Don't get me wrong, I don't have a problem with traffic laws. [15:46.280 --> 15:54.960] I don't have a problem with laws intended to enforce the public safety, but I do have [15:54.960 --> 16:06.040] a problem with our municipalities and counties taking laws that were intended to govern one [16:06.040 --> 16:13.800] thing and using them to govern something else just because it was administratively convenient. [16:13.800 --> 16:23.280] If we want to govern the operation of motorized vehicles on the highways, in commerce or out [16:23.280 --> 16:30.080] of commerce, we need to pass laws for that purpose, but not use the ones that were for [16:30.080 --> 16:35.840] something else just to collect a lot of money, and I kind of got off topic, but I'll pick [16:35.840 --> 16:36.840] back up when I come back. [16:36.840 --> 16:37.840] I'm going to open the phones. [16:37.840 --> 16:40.120] I'm going to keep them on all night. [16:40.120 --> 16:48.480] So if you have a question or comment, give me a call, 912-512-646-1984. 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[19:28.960 --> 19:36.080] Okay, we are back, Randy Kelton, Steve Skidmore, Rule of Law Radio, and we're talking about [19:36.080 --> 19:37.080] due process. [19:37.080 --> 19:44.960] If anyone is, okay, if a police officer personally sees or hears an offense being committed, [19:44.960 --> 19:52.440] then according to the code now, he can arrest pretty much with impunity. [19:52.440 --> 20:04.880] Once a person is arrested, the code actually for some 800 years required that, and I say [20:04.880 --> 20:15.120] 800 years because I'm referencing the original signing of the Magna Carta 1216, if a police [20:15.120 --> 20:23.040] officer arrests a person for any reason, they were to take the person directly to the nearest [20:23.040 --> 20:32.080] magistrate because the police officer, while he had authority to make an arrest, he did [20:32.080 --> 20:36.160] not have the authority to imprison. [20:36.160 --> 20:43.120] That was never intended by our legislature. [20:43.120 --> 20:47.840] In Gerstein Pugh, they speak to the fact that they'd prefer all arrests to be made with [20:47.840 --> 20:57.560] a warrant, but allowing a police officer to arrest for an on-site offense was a reasonable [20:57.560 --> 20:59.880] compromise. [20:59.880 --> 21:05.320] And while he could arrest without a warrant and do those things incident to arrest to [21:05.320 --> 21:13.280] ensure the safety of the officer and guard against the escape of the accused. [21:13.280 --> 21:20.400] Once those goals were accomplished, the authority of the officer to hold the person evaporated. [21:20.400 --> 21:28.560] They must get the person before some magistrate for an examining trial or determination of [21:28.560 --> 21:30.360] probable cause. [21:30.360 --> 21:37.320] An on-site arrest gives the police officer jurisdiction to make the arrest, but only [21:37.320 --> 21:39.480] to hold for a short time. [21:39.480 --> 21:42.880] He must bring the person before a magistrate. [21:42.880 --> 21:51.560] The magistrate under chapter 16 must hold an examining trial, examine into the sufficiency [21:51.560 --> 21:57.560] of the allegation, make sure he protects the rights, give him a right to an attorney, a [21:57.560 --> 22:05.840] right to make a statement prior to any evidence being presented, the right to be faced by [22:05.840 --> 22:16.240] his accuser, and essentially all of those rights specifically protected by the constitution. [22:16.240 --> 22:24.360] And then if the magistrate found probable cause, the magistrate under 16.17 was to issue [22:24.360 --> 22:32.920] a order stating whether the person was released at their liberty, bound over for trial, released [22:32.920 --> 22:37.160] on bail or committed to the jail. [22:37.160 --> 22:44.120] And if the person was arrested without a warrant under 16.20, the magistrate was required to [22:44.120 --> 22:46.360] prepare a warrant. [22:46.360 --> 22:52.600] And then under 17.30 Texas Code of Criminal Procedure, the magistrate was required to [22:52.600 --> 22:57.120] seal all those documents in an envelope, cause his name to be written across the seal of [22:57.120 --> 23:03.880] the envelope and forward it up to the clerk of the court of jurisdiction. [23:03.880 --> 23:09.080] So the policeman had jurisdiction to make the arrest, hold as long as it takes to bring [23:09.080 --> 23:11.040] before a magistrate. [23:11.040 --> 23:16.680] The magistrate then would hold an examining trial and issue an order and a warrant. [23:16.680 --> 23:22.320] The order and the warrant being forwarded to the clerk of the court of jurisdiction [23:22.320 --> 23:26.880] would transfer jurisdiction from the magistrate to the trial court. [23:26.880 --> 23:34.000] Then the first thing the trial court would do is hold an arraignment hearing. [23:34.000 --> 23:40.640] An arraignment is a hearing for the purpose of determining the identity of the accused [23:40.640 --> 23:42.640] and taking a plea. [23:42.640 --> 23:53.640] Well, the way to do it now is you don't get an examining trial of any kind. [23:53.640 --> 24:03.680] If a policeman arrests you for any reason, you will be forced to stand trial without [24:03.680 --> 24:04.680] question. [24:04.680 --> 24:13.000] Nobody cares, at least in the judicial system as it stands, a policeman can arrest you for [24:13.000 --> 24:20.880] anything he wants to and no one will question it, except you maybe. [24:20.880 --> 24:28.760] But you can't expect your lawyer to object to it. [24:28.760 --> 24:36.160] This goes to a presupposition we have about lawyers, defense counsel. [24:36.160 --> 24:41.640] We think our defense counsel is there to protect our rights. [24:41.640 --> 24:47.280] For the most part, he's doing no such thing. [24:47.280 --> 24:50.640] All lawyers are businessmen. [24:50.640 --> 24:53.680] They're entrepreneurs. [24:53.680 --> 25:00.120] They run their own companies unless they work for a law firm. [25:00.120 --> 25:05.920] And primarily they're in business to make money. [25:05.920 --> 25:12.800] Vigorously adjudicating all of your rights is not profitable to lawyers for a couple [25:12.800 --> 25:13.800] of reasons. [25:13.800 --> 25:17.200] One, it costs them a lot more money. [25:17.200 --> 25:21.400] And two, the prosecutor and the judge is not going to be happy with them, it's going to [25:21.400 --> 25:23.960] make their life more difficult. [25:23.960 --> 25:32.280] Their life is made much easier if they simply act in concert inclusion with the prosecutor [25:32.280 --> 25:39.600] in order to force you to take a deal while making sure that nothing gets filed in the [25:39.600 --> 25:46.680] court that would give you an opportunity to appeal. [25:46.680 --> 25:53.600] That may not be right, but that's how it works in the world I live in and not just Texas, [25:53.600 --> 25:57.000] but everywhere else I've been. [25:57.000 --> 26:04.960] It goes to the adage that everything's political and all politics is local. [26:04.960 --> 26:12.960] Your lawyer is faced with a political situation when he walks into the courthouse. [26:12.960 --> 26:23.920] The way to understand how this works is consider playing chess on a four-sided chessboard. [26:23.920 --> 26:31.720] You're on one side, your lawyer is on another side to your right, opposing counsel is to [26:31.720 --> 26:35.880] your left and the judge is across from you. [26:35.880 --> 26:44.040] You have a relationship with your lawyer, but your lawyer has a relationship with the [26:44.040 --> 26:46.680] other lawyer and the judge. [26:46.680 --> 26:54.200] The judge has a relationship with both lawyers, so both the lawyers and the judge all have [26:54.200 --> 26:58.680] relationships with one another that are separate from you. [26:58.680 --> 27:03.600] The only one you have a relationship with is your lawyer. [27:03.600 --> 27:10.600] If you are going to win your case, you have to understand the politics and how it actually [27:10.600 --> 27:17.920] works, the pressures on your lawyer that would prevent him from actively adjudicating your [27:17.920 --> 27:18.920] issues. [27:18.920 --> 27:28.440] If you listen to this program very often, you'll know we talk about a number of things [27:28.440 --> 27:37.560] we can do to change the politics, not just bar grievances and judicial conduct complaints, [27:37.560 --> 27:41.960] but the concept of plausible deniability. [27:41.960 --> 27:48.720] It is important how you deal with your lawyer. [27:48.720 --> 27:57.960] Your lawyer works with the court and the prosecutor to facilitate the efficient adjudication of [27:57.960 --> 27:58.960] cases. [27:58.960 --> 28:05.320] It's good for the prosecutor, it's good for the judge, and it's good for your lawyer because [28:05.320 --> 28:08.200] he doesn't have to spend as much time on each case. [28:08.200 --> 28:14.960] I can pretty well get away with that because all the other lawyers do the same thing. [28:14.960 --> 28:22.320] Everybody runs things pretty much the same and your lawyer is never going to tell you [28:22.320 --> 28:24.080] that he's screwing you. [28:24.080 --> 28:29.240] That's the last thing he's going to tell you, and the prosecutor and the judge, they're [28:29.240 --> 28:32.840] not going to tell you that your lawyer is screwing you because they don't want you [28:32.840 --> 28:38.960] to know because what your lawyers do makes life easier for them. [28:38.960 --> 28:48.160] If you are to win your case, you're the one that's going to have to create some politics. [28:48.160 --> 28:56.560] Debra talked about a case last night where we got a felony charge dropped, and primarily [28:56.560 --> 29:07.040] because we created political pressures that interrupted the relationships or took advantage [29:07.040 --> 29:16.400] of the relationships in a way that was not the way they wanted it to happen. [29:16.400 --> 29:25.360] The way we got those charges dropped was by setting up defense counsel so that defense [29:25.360 --> 29:30.800] counsel was concerned with the malpractice suit against her. [29:30.800 --> 29:34.200] So now the politics changes. [29:34.200 --> 29:42.720] Now the defense counsel has his own client coming after him. [29:42.720 --> 29:43.720] We're about to go to break. [29:43.720 --> 29:48.280] This is Randy Kelton, Debra, this is Steve Skidmore, Rue of Law Radio. [29:48.280 --> 29:54.800] I'll call at number 512-646-1984, and I apologize, I forgot to turn the phones off. [29:54.800 --> 29:58.280] Okay, give us a call, we'll be right back. [29:58.280 --> 30:03.880] Pain in the neck, it's ginger to the rescue. [30:03.880 --> 30:08.000] The same herb that puts a zing in your tea and the snap in your ginger snaps can actually [30:08.000 --> 30:10.040] zap your painful muscle aches too. [30:10.040 --> 30:14.040] I'm Dr. Catherine Albrecht, and I'll be back in a moment to tell you more. [30:14.040 --> 30:19.360] Your search engine is watching you, recording all your searches and creating a massive database [30:19.360 --> 30:21.160] of your personal information. [30:21.160 --> 30:22.320] That's creepy. [30:22.320 --> 30:24.440] But it doesn't have to be that way. [30:24.440 --> 30:27.560] Startpage.com is the world's most private search engine. 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[31:05.280 --> 31:06.280] Ginger? [31:06.280 --> 31:08.080] Well, it just tastes great. [31:08.080 --> 31:12.360] Researchers say one or two teaspoons of ginger daily, raw or heated, can provide natural [31:12.360 --> 31:14.760] relief for even the deep pain of osteoarthritis. [31:14.760 --> 31:18.280] So put down the aspirin bottle and reach for the ginger. [31:18.280 --> 31:20.960] It's natural, it's delicious, and it works wonders. [31:20.960 --> 31:23.120] I'm Dr. Catherine Albrecht. [31:23.120 --> 31:26.120] More news and information at CatherineAlbrecht.com. [31:26.120 --> 31:35.840] We want to thank all our listeners who contributed to making the Logos Radio Network fundraiser [31:35.840 --> 31:37.200] a success this year. [31:37.200 --> 31:39.160] Your support got us close to reaching our goal. [31:39.160 --> 31:43.600] Toward the end of January, we received many requests from listeners to extend the deadline [31:43.600 --> 31:47.400] to enter into the drawing for the GLOP 42 and the CHL classes. [31:47.400 --> 31:51.000] As a result, we are extending the deadline until February 15th. [31:51.000 --> 31:53.720] Every $25 donation gets you a chance to win. [31:53.720 --> 31:55.080] Help us reach our goal. [31:55.080 --> 31:57.800] No donation is too small, and everything is appreciated. [31:57.800 --> 32:02.600] Please go to LogosRadioNetwork.com for details. [32:02.600 --> 32:05.440] Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar. [32:05.440 --> 32:09.240] In today's America, we live in an us-against-them society, and if we the people are ever going [32:09.240 --> 32:13.200] to have a free society, then we're going to have to stand and defend our own rights. [32:13.200 --> 32:16.400] Among those rights are the right to travel freely from place to place, the right to act [32:16.400 --> 32:20.440] in our own private capacity, and most importantly, the right to due process of law. [32:20.440 --> 32:24.280] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve [32:24.280 --> 32:25.680] our rights through due process. [32:25.680 --> 32:29.640] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the [32:29.640 --> 32:33.440] most comprehensive teaching tool available that will help you understand what due process [32:33.440 --> 32:35.800] is and how to hold courts to the rule of law. [32:35.800 --> 32:39.840] You can get your own copy of this invaluable material by going to RuleOfLawRadio.com and [32:39.840 --> 32:41.120] ordering your copy today. [32:41.120 --> 32:44.520] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, [32:44.520 --> 32:48.920] The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research [32:48.920 --> 32:50.840] documents, and other useful resource material. [32:50.840 --> 32:55.200] Learn how to fight for your rights with the help of this material from RuleOfLawRadio.com. [32:55.200 --> 32:58.640] Order your copy today, and together we can have the free society we all want and deserve. [32:58.640 --> 33:05.640] You're listening to the Logos Radio Network at LogosRadioNetwork.com [33:28.640 --> 33:45.680] Okay, we are back, Randy Kelton and Steve Skidmore on the 6th of February 2015, and [33:45.680 --> 33:52.800] I was talking about due process but I'm trying to develop some presentations and here I find [33:52.800 --> 33:56.000] myself kind of floating around and I'm frustrated. [33:56.000 --> 34:03.360] I need a good, I need to build presentations like preachers build sermons so that I go [34:03.360 --> 34:04.360] to all the facts. [34:04.360 --> 34:11.920] I wanted to lead up to politics because in the end everything's political but I kind [34:11.920 --> 34:15.240] of lost my thread there. [34:15.240 --> 34:23.920] I need Steve Skidmore here to kick me in the pants but it has become evident over time [34:23.920 --> 34:35.480] in looking at this that the primary issue when we go to a civil, a criminal trial is [34:35.480 --> 34:36.480] not the law. [34:36.480 --> 34:39.560] The law has very little to do with it. [34:39.560 --> 34:46.560] The law is just the way they kind of, they use that way to structure the play they're [34:46.560 --> 34:51.400] putting on but in the end they don't care about the law. [34:51.400 --> 34:57.360] They care about the efficient adjudication of cases. [34:57.360 --> 35:06.800] Prosecutors while they may care about doing the right thing and the rule of law, the reality [35:06.800 --> 35:14.600] they have to live with every day is they've got a large stack of cases they have to plow [35:14.600 --> 35:15.600] through. [35:15.600 --> 35:23.320] And because we've forced everybody into a situation where they have to take a deal, [35:23.320 --> 35:30.320] we've been able to adjudicate more cases much more quickly so the prosecutors have not been [35:30.320 --> 35:37.640] allowed or allocated the resources they need to trial these cases. [35:37.640 --> 35:46.880] So it is extremely important to the prosecutor that he get a deal and when I talk to people [35:46.880 --> 35:55.400] about a criminal prosecution the first thing I tell them is don't take the deal, at least [35:55.400 --> 35:56.400] not right away. [35:56.400 --> 36:04.480] I mean we're playing that part of what we're doing is poker, it's not chess. [36:04.480 --> 36:11.280] They're going to come and make you an offer, what they will do is stack the charges and [36:11.280 --> 36:19.040] charge you with the most serious thing they can imagine establishing just one element [36:19.040 --> 36:28.200] for because they want to hold that over your head, rattle it like a saber and so that when [36:28.200 --> 36:36.040] they come to you with what you actually should have been charged with and offer you that [36:36.040 --> 36:41.880] in an alternative to what they could never prove in a thousand years but they can threaten [36:41.880 --> 36:53.520] you with, then you'll accept the deal and feel like you came out on top, nonsense. [36:53.520 --> 37:01.240] Don't take the first offer, squeeze them and the story we talked about last night that's [37:01.240 --> 37:08.560] exactly what happened, they just refused to deal with them and another thing you have [37:08.560 --> 37:20.280] to be careful with is be careful not just what you say to a prosecutor or a member of [37:20.280 --> 37:32.400] the prosecutorial team, police, child protective services, victim services, they're all a part [37:32.400 --> 37:35.960] of the prosecutorial team. [37:35.960 --> 37:41.720] Be extremely careful of when and where you talk to them. [37:41.720 --> 37:49.620] I make it a practice we never go into a private office to talk to a prosecutor or a police [37:49.620 --> 37:52.440] officer or any of those guys. [37:52.440 --> 38:03.480] They will lie like dogs and this is not something I'm making up, this is something I experienced. [38:03.480 --> 38:09.520] They get you alone where you don't have witnesses and they will make up any story they want [38:09.520 --> 38:19.680] to and no matter what they make up, the courts will absolutely protect them. [38:19.680 --> 38:27.280] The courts used to not like being lied to, now they want to be lied to, unless of course [38:27.280 --> 38:33.480] it's the accused and if you say one thing they can construe is untrue, they're going [38:33.480 --> 38:38.440] to charge you with that, they've stacked the deck and done everything they can to force [38:38.440 --> 38:43.160] you to take a deal so the judge can rush through his docket and then go out and play golf the [38:43.160 --> 38:50.840] rest of the day and if a defense counsel screws that up, the judge is not going to be happy [38:50.840 --> 38:52.600] with him. [38:52.600 --> 39:04.320] I once sued the county of Denton for $11 million, I sued 24 litigants, I talked to 60 lawyers, [39:04.320 --> 39:11.480] the last one was Jerry Cobb, he was the district attorney prior to the current district attorney [39:11.480 --> 39:14.400] which was Bruce Isaacs. [39:14.400 --> 39:18.640] I called him up, I said, hello Jerry, my name is Randy Kelton and I have sued Denton County [39:18.640 --> 39:24.320] and I need a lawyer to represent me, oh Mr. Kelton I know all about your suit, I can't [39:24.320 --> 39:30.800] represent you, you've made allegations against judges in there and I have to represent clients [39:30.800 --> 39:31.800] in this county. [39:31.800 --> 39:37.760] I said, what's the matter Jerry, you're afraid those judges will screw your next client to [39:37.760 --> 39:40.680] get back at you? [39:40.680 --> 39:48.520] He said the same thing every other lawyer had told me, you darn right they will. [39:48.520 --> 39:55.000] Now I don't know if that's true or not, but I do know that every lawyer I talked to believed [39:55.000 --> 40:01.120] it was true, so it doesn't make any difference if it's true or not, the lawyers are going [40:01.120 --> 40:09.760] to act as if it is true and they're not going to risk anything that would cause the judge [40:09.760 --> 40:13.960] to be upset at them because they're professionals, you're not the only person they're going to [40:13.960 --> 40:20.600] bring before this court, they're going to be bringing people in here every day for years [40:20.600 --> 40:26.960] after you're gone and the last thing the lawyer wants to do is get the court upset at him [40:26.960 --> 40:35.000] because while the judges can potentially be held liable for what they do to you because [40:35.000 --> 40:41.760] we have due process rights, when it comes to the lawyer the judge can do anything to [40:41.760 --> 40:51.080] him he wants to, he can end that lawyer's career with absolute caprice just on a whim, [40:51.080 --> 40:58.480] the lawyer's terrified of these judges and I doubt that a single lawyer went all spent [40:58.480 --> 41:05.680] six years in law school and $180,000 to $200,000 in student loans so that they could get out [41:05.680 --> 41:11.680] in the real world and spend the rest of their professional career kissing some arrogant [41:11.680 --> 41:20.440] judges behinds, but that's what the case is, that's what they run into when they get out [41:20.440 --> 41:26.520] here in the real world, yeah I know they watch Perry Mason and Law and Order and all these [41:26.520 --> 41:30.920] other things where all these lawyers come in there and vigorously adjudicate for their [41:30.920 --> 41:38.000] clients not in the world you and I live in, maybe on TV and in the movies but in the world [41:38.000 --> 41:43.760] you and I live in it's a foresighted chess board. [41:43.760 --> 41:54.120] So in order to get your lawyer to work in your behalf you need to be able to give the [41:54.120 --> 42:02.160] lawyer plausible deniability and the way we do that is understand the position of the [42:02.160 --> 42:09.360] lawyer and the pressures that are acting on him primarily the one thing people need to [42:09.360 --> 42:16.280] understand is when you hire a lawyer he's under contract and first time you do something [42:16.280 --> 42:21.880] the lawyer doesn't like he's just going to walk away well hold on Bubba we got ourselves [42:21.880 --> 42:32.560] a contract here when last time I was in on trial in Boston for when the Secretary of [42:32.560 --> 42:40.400] State was Steve the guards at the Capitol building the sergeant down there knocked one [42:40.400 --> 42:48.120] of my teeth out and then they charged me to cover up what he did my lawyer they appointed [42:48.120 --> 42:53.480] me a lawyer even though I didn't ask for one he started telling me how things were going [42:53.480 --> 42:58.080] to go and I said no no that's not how they're going to go well then Mr. Cowan just how are [42:58.080 --> 43:02.280] they going to go and this is how they're going to go you're going to go to the judge and [43:02.280 --> 43:06.760] ask the judge to be removed from this case and I'm going to go to the judge and tell [43:06.760 --> 43:11.080] him don't you dare remove him from this case and the judge is going to remove you he said [43:11.080 --> 43:16.680] well if I asked to be removed he would I said yeah he will and then I get to sue the judge [43:16.680 --> 43:21.520] for interfering with private contract and the lawyer said well Mr. Cowan I'm not under [43:21.520 --> 43:26.040] contract with you I'm under contract to the state yes you are but I'm the intended third [43:26.040 --> 43:33.720] party beneficiary and I have a standing to adjudicate the contract and the lawyer set [43:33.720 --> 43:41.080] back and had this look in his eyes that said he's going to give me this board if you're [43:41.080 --> 43:46.280] going to get your lawyer to do this job you got to give him a possibility he don't have [43:46.280 --> 43:51.160] to like it I'm going we got a bunch of callers calling in so I'm going to stop this for tonight [43:51.160 --> 43:55.520] and when we come back I'm going to go to callers Jimmy Sonny Leslie I see you there he will [43:55.520 --> 44:06.840] be right back hello my name is Stuart Smith from NaturesPureOrganics.com and I would like [44:06.840 --> 44:11.760] to invite you to come by our store at 1904 Guadalupe Street Sweet Dee here in Austin [44:11.760 --> 44:15.840] Texas behind Brave New Books and Chase Bank to see all our fantastic health and wellness [44:15.840 --> 44:20.640] products with your very own eyes have a look at our miracle healing clay that started our [44:20.640 --> 44:25.120] adventure in alternative medicine take a peek at some of our other wonderful products including [44:25.120 --> 44:30.440] our Australian emu oil lotion candles olive oil soaps and colloidal silver and gold call [44:30.440 --> 44:43.080] 512-264-4043 or find us online at NaturesPureOrganics.com that's 512-264-4043 NaturesPureOrganics.com [44:43.080 --> 45:01.280] don't forget to like us on Facebook for information on events and our products NaturesPureOrganics.com [45:01.280 --> 45:06.640] are you the plaintiff or defendant in a lawsuit win your case without an attorney with Juris [45:06.640 --> 45:13.240] Dictionary the affordable easy to understand for CD course that will show you how in 24 [45:13.240 --> 45:19.920] hours step by step if you have a lawyer know what your lawyer should be doing if you don't [45:19.920 --> 45:24.880] have a lawyer know what you should do for yourself thousands have won with our step [45:24.880 --> 45:32.280] by step course and now you can too Juris Dictionary was created by a licensed attorney with 22 [45:32.280 --> 45:37.720] years of case winning experience even if you're not in a lawsuit you can learn what everyone [45:37.720 --> 45:43.520] should understand about the principles and practices that control our American courts [45:43.520 --> 45:51.160] you'll receive our audio classroom video seminar tutorials forms for civil cases pro se tactics [45:51.160 --> 45:57.600] and much more please visit ruleoflawradio.com and click on the banner or call toll free [45:57.600 --> 46:26.520] 866-LAW-EZ okay we are back Randy Kelton Steve Skidmore [46:26.520 --> 46:33.880] rule of law radio and before I go to Jimmy and Marilyn just quickly about plausible deniability [46:33.880 --> 46:41.320] the whole key to winning your case is giving your lawyer plausible deniability in my case [46:41.320 --> 46:47.560] the one I spoke about I had filed some due process motions and I told my lawyer that [46:47.560 --> 46:55.800] I had filed a couple motions in the court and with 19 due process violations in there [46:55.800 --> 47:02.560] you will adequately adjudicate every single one of them you fail to adjudicate a single [47:02.560 --> 47:12.080] one and I'll bar grieve you and the lawyer said Mr. Kelton you would grieve me in a heartbeat [47:12.080 --> 47:17.360] well now it's his first year in practice one bar grievance they're going to cancel his [47:17.360 --> 47:22.400] malpractice insurance you won't be able to practice so he is terrified I bet he told [47:22.400 --> 47:31.680] me 15 times if he told me once you're going to compete this board and I pulled a shenanigan [47:31.680 --> 47:37.960] in front of the judge where I ordered the my attorney to take my criminal complaints [47:37.960 --> 47:43.760] about 30 of them and present them to the court and he refused to touch them and I told him [47:43.760 --> 47:51.000] take him you chicken right in front of the judge and that was given him plausible deniability [47:51.000 --> 47:57.440] when I left we went left for lunch they dismissed the case while we're at lunch specifically [47:57.440 --> 48:03.320] to protect my lawyer from me and for the most part that's the only way you're going to win [48:03.320 --> 48:12.080] a criminal case at least in Texas is you have to get your lawyer to go to the judge and [48:12.080 --> 48:21.000] the prosecutor with whom he your lawyer has a relationship outside your relationship and [48:21.000 --> 48:26.520] use that relationship to get you a dismissal and the only way to get that is to give the [48:26.520 --> 48:34.040] lawyer plausible deniability sorry I have to do this but he's going to kick my behind [48:34.040 --> 48:38.940] I helped you out on these others you got to help me out on this one that's how both these [48:38.940 --> 48:45.760] cases got dismissed we're going to go to Jimmy in Maryland hello Jimmy what do you have for [48:45.760 --> 48:53.360] us tonight yeah Randy I tell you I'm really enjoying what you're saying and I just finished [48:53.360 --> 49:01.720] it I said that's another thought today I had a motion hearing and it's just a traffic case [49:01.720 --> 49:07.680] and I filed a motion to squash the complaint because they didn't have my true name they [49:07.680 --> 49:11.320] didn't have my true name my true date of birth and I'm using a they're using a different [49:11.320 --> 49:18.440] soundex because I don't have a license I rescinded in some years ago and I also filed a motion [49:18.440 --> 49:22.840] to suppress there's no criminal suspicion existed when officers stopped me you know [49:22.840 --> 49:28.920] I was stopped for blowing headlight and it's going to be driving on my license okay hold [49:28.920 --> 49:38.800] on hold on what does the code in Maryland say about lamps lighted to the front about [49:38.800 --> 49:47.080] lamps lighted to the front yes let me tell you why I'm saying this I was once put in [49:47.080 --> 49:52.120] jail all night for driving with a headlight out and I checked the code and the code said [49:52.120 --> 49:58.640] you must have at least two lamps lighted to the front one of which must be white and the [49:58.640 --> 50:08.280] reason it was written that way is so it would encompass motorcycles as well as automobiles [50:08.280 --> 50:12.880] must be at least one must be white you must be able to recognize a person 500 feet on [50:12.880 --> 50:17.600] low beams thousand feet on high beams while I was driving a truck and I had 13 lamps lighted [50:17.600 --> 50:27.560] to the front could you tell that your headlight was out no yeah see that okay that goes to [50:27.560 --> 50:36.320] you don't commit all crimes are thought crimes okay you understand what that means yeah you [50:36.320 --> 50:41.120] saying that they have to provide something for the not only for the car but for the motorcycle [50:41.120 --> 50:47.320] so they combine everything into all crimes are thought crimes because they go to mens [50:47.320 --> 50:57.240] rea criminal intent if you're driving and a headlight goes out you do not automatically [50:57.240 --> 51:03.920] become a criminal right unless you know that headlights out and you intended to drive that [51:03.920 --> 51:10.760] vehicle with a headlight out right so it all goes to intent anyway okay I interrupted go [51:10.760 --> 51:14.720] ahead no no no that's okay because we I did talk about I did talk about intent in the [51:14.720 --> 51:21.040] complaint that the complaint so no you know like intent and and he's and he's you know [51:21.040 --> 51:25.480] basically I'm talking to the judge the prosecutor said oh they're not saying a word it just [51:25.480 --> 51:31.080] means the judge going toe-to-toe on issues and he's and he's kind of making us saying [51:31.080 --> 51:35.880] that he's going you know he's he's saying so okay so he's saying like he's not a crime [51:35.880 --> 51:41.360] you know to round here like that officer does have had the right to plead for a violation [51:41.360 --> 51:45.480] and then he's talking about well well okay he's saying that I'm I'm going to ride that [51:45.480 --> 51:50.240] or I'm going to have a headlight on a crime but it is no injury party but I can what if [51:50.240 --> 51:55.360] what if somebody had a suitcase of drugs and was trying to be not a crime to have a drug [51:55.360 --> 51:59.800] and there's no injury party and he's trying I'm saying but sure that has nothing to do [51:59.800 --> 52:04.920] what I'm talking about not the same thing it's interesting how he is trying to be okay [52:04.920 --> 52:12.600] hold on the judge is right that the officer on observing you operating the vehicle with [52:12.600 --> 52:19.040] a headlight out he didn't know that you didn't know so he had a reasonable probable cause [52:19.040 --> 52:27.640] to believe now that's enough to cite you but that's not enough to convict you so he's [52:27.640 --> 52:34.020] right that the officer could issue the citation but what he's implying is is if the officer [52:34.020 --> 52:41.880] had cause to issue the citation you're necessarily guilty no no no now the prosecutor has to [52:41.880 --> 52:50.880] prove mens rea and that they don't have okay well well I'm seeing they're still getting [52:50.880 --> 52:59.060] around because I I gave him a brown versus texas goodie versus maryland delver's is [52:59.060 --> 53:04.440] frosted by my reasonable you know expectation of privacy that I had when I'm on the road [53:04.440 --> 53:10.080] and it and and I thought I said when the criminal suspicion must exist at thomas pop you know [53:10.080 --> 53:16.280] muscle requirement is not an option but it seemed like they just you know is it is interesting [53:16.280 --> 53:23.800] to me that it's all it's all about the money they don't care what the law says this is [53:23.800 --> 53:33.800] a traffic case so in order to hold on in order to really fight this thing it's going to cost [53:33.800 --> 53:45.880] you so much money that 99.99 percent of all the people will never fight these guys so [53:45.880 --> 53:52.520] they're kind of like debt collectors they're doing all this stuff that's illegal and they [53:52.520 --> 53:58.280] know it's illegal but it makes them a lot of money and then when somebody comes in there [53:58.280 --> 54:05.800] with the law showing how it's illegal the last thing they want to happen is for all [54:05.800 --> 54:10.680] of their marks to figure out that you can actually fight these cases because we do that [54:10.680 --> 54:18.960] these people stop sending in their checks so do not expect to win in the trial court [54:18.960 --> 54:23.600] well that's what i'm that's that's going to be the problem because he's already threatening [54:23.600 --> 54:28.160] i'm back at well one charge is like a match for two years i think it's two charges matched [54:28.160 --> 54:36.240] with two years one is one year and one is 500 okay what hold on hold on that who threatened [54:36.240 --> 54:44.240] what okay i was you know cited for for driving on suspended license driving with revoked [54:44.240 --> 54:50.960] license uh driving without a license uh without authorization and i came in with the four [54:50.960 --> 54:56.240] from others it's four four was foresight patient he was going over that and and you know like he [54:56.240 --> 55:00.560] really looked like he was begging and pleading me to you know like he was like he was saying [55:01.280 --> 55:08.480] to get some type of uh lawyer but of course he wants you to get a lawyer because he can control [55:08.480 --> 55:16.080] your lawyer yeah if you're going to win the traffic case you have to create yourself some politics [55:19.760 --> 55:27.040] and it's not it's not straightforward for the most part you need to set them up [55:30.400 --> 55:34.960] the judge has a duty to determine the facts in accordance with the rules of evidence [55:34.960 --> 55:42.880] then apply the law as it comes to him to the facts in the case if he fails to apply the law [55:43.920 --> 55:49.280] then you file criminally against it you file a judicial conduct complaint against it [55:50.080 --> 55:54.480] what about what about a written mandamus well i couldn't understand you have to speak [55:54.480 --> 56:00.240] really you're talking faster than i can listen i was i was saying about uh filing a written mandamus [56:00.240 --> 56:08.560] a written mandamus what are you asking the higher court to mandate that the lower court do [56:10.080 --> 56:14.080] that um my my motions that i filed that he denied it i was going to [56:14.960 --> 56:22.480] have them you know argue about criminal suspicion you can't you can't do that that way the the [56:22.480 --> 56:35.440] appeals court will assume that the trial court acted in accordance with law and they won't [56:35.440 --> 56:43.200] interfere with the trial court in progress unless the judge has done something extra judicial [56:43.200 --> 56:52.240] or failed to perform a duty he's required to perform if the judge renders a ruling on [56:53.360 --> 57:01.120] a facts-based issue before the court the judge will the appeals court will not or the higher court [57:01.120 --> 57:08.160] will not interfere with that that's something you must address on appeal okay [57:08.160 --> 57:16.160] okay okay what'd you say well it's like you know if they hold you in jail beyond [57:16.720 --> 57:21.040] say you know in texas you can only hold somebody 180 days if they don't post bond [57:23.600 --> 57:28.880] you're supposed to release them they don't but if you've been in jail for 180 days you haven't been [57:28.880 --> 57:36.480] released the remedy is a writ of mandamus okay order the judge to do something that he's required [57:36.480 --> 57:42.160] to do but but they won't interfere with the judicial determinations the judge makes [57:48.800 --> 57:51.440] okay is that clear does that make sense [57:54.880 --> 58:01.440] most of this you you just walk through it and and set the record for appeal let them do what [58:01.440 --> 58:06.480] they're going to do and then just throw the next thing at them let them do it don't worry about it [58:06.480 --> 58:08.880] you're not going to win it there who you'll win it's on appeal [58:13.920 --> 58:20.240] okay this is randy kelton steve skidmore we have our radio our call-in number five one two six four [58:20.240 --> 58:26.960] six nineteen eighty four give us a call we'll keep the phone lines open all night and this is long [58:26.960 --> 58:34.720] break so uh go by our sponsor our logos radio network page and look over our sponsors and if [58:34.720 --> 58:41.520] they have anything you can use we'd appreciate your uh buying from our sponsors help us support [58:41.520 --> 58:52.720] this radio station so help us out we'll be right back would you like to make more definite progress [58:52.720 --> 58:58.960] in your walk with god bibles for america is offering a free study bible and a set of free [58:58.960 --> 59:03.440] christian books that can really help the new testament recovery version is one of the most [59:03.440 --> 59:09.200] comprehensive study bibles available today it's an accurate translation and it contains thousands [59:09.200 --> 59:14.480] of footnotes that will help you to know god and to know the meaning of life the free books are [59:14.480 --> 59:20.480] a three volume set called basic elements of the christian life chapter by chapter basic elements [59:20.480 --> 59:26.480] of the christian life clearly presents god's plan of salvation growing in christ and how to [59:26.480 --> 59:32.400] build up the church to order your free new testament recovery version and basic elements [59:32.400 --> 59:45.120] of the christian life call bibles for america toll free at 888-551-0102 that's 888-551-0102 [59:45.120 --> 59:55.280] or visit us online at bfa.org live free speech radio logos radio network.com [01:00:03.040 --> 01:00:07.040] this is the liberty beat your daily source for liberty news and activist updates [01:00:07.040 --> 01:00:13.440] online at the liberty beat.com i'm brian hagen with your liberty beat for friday february 6 2015 [01:00:13.440 --> 01:00:20.800] gold is trading at 1264 silver 17 dollars and 22 cents and bitcoin around 218 dollars today's [01:00:20.800 --> 01:00:25.600] precious metal price is brought to you by Midas resources incorporated helping clients convert [01:00:25.600 --> 01:00:31.520] their paper 401ks and iras to solid gold and silver get their 10 reasons book free by calling [01:00:31.520 --> 01:00:40.640] 800-686-2237 that's 800-686-2237 the liberty beat is sponsored by e-foods direct redefining the way [01:00:40.640 --> 01:00:45.680] you think about storable food with civil unrest occurring all across the country being food secure [01:00:45.680 --> 01:00:52.880] has never been more important visit e-foods direct.com slash liberty beat or call 800-620-5520 [01:00:52.880 --> 01:00:58.560] to learn more about food security in a time of crisis in the news the transportation security [01:00:58.560 --> 01:01:03.040] administration the philadelphia police department and the department of homeland security are being [01:01:03.040 --> 01:01:09.360] sued after arresting a man on false charges and lying about the facts in court in 2013 [01:01:09.360 --> 01:01:14.800] roger van der kloek was stopped and questioned by tsa workers over power bar snacks and a watch in [01:01:14.800 --> 01:01:21.040] his bag van der kloek says there was a misunderstanding between him and the tsa after his bag was cleared of [01:01:21.040 --> 01:01:26.320] hazardous materials he asked to file a complaint instead he was put into a holding area and the [01:01:26.320 --> 01:01:30.720] philadelphia police were called he was arrested and charged with threatening the placement of a [01:01:30.720 --> 01:01:36.640] bomb and making terroristic threats at his trial a tsa supervisor claimed van der kloek was getting [01:01:36.640 --> 01:01:42.080] agitated waving his hands in the air and threatened to bring a bomb through security however surveillance [01:01:42.080 --> 01:01:47.840] video proved the supervisor was lying and van der kloek was acquitted he's now suing the agencies [01:01:47.840 --> 01:01:55.600] for their participation in depriving him of his liberty a new reward from the american civil [01:01:55.600 --> 01:02:00.240] liberties union of north carolina has found that more than 70 north carolina law enforcement [01:02:00.240 --> 01:02:05.040] agencies use surveillance tools including automatic license plate readers and cell site [01:02:05.040 --> 01:02:11.120] simulators known as stingrays the acl unc and former state senator and criminal defense attorney [01:02:11.120 --> 01:02:15.840] tom gulsby held a briefing on the growing surveillance and privacy issues in response [01:02:15.840 --> 01:02:21.040] to the growth of surveillance tools focusing on domestic communications the acl unc is supporting [01:02:21.040 --> 01:02:26.880] legislation which would require the police to get a warrant for gathering digital data no liberty [01:02:26.880 --> 01:02:32.480] is made possible by watch my bit.com the first ever micro payment based video service if you're [01:02:32.480 --> 01:02:37.840] a content creator visit watch my bit.com to learn how you can use bitcoin to generate revenue for [01:02:37.840 --> 01:02:44.640] your art that's watch my bit.com support also comes from my magic mud detoxifying tooth powder [01:02:44.640 --> 01:02:50.080] the most effective and affordable dental care around get a 150 application jar at my magic mud [01:02:50.080 --> 01:02:56.640] dot com this is the liberty beat for friday february 6 2015 check out the website at the [01:02:56.640 --> 01:03:05.040] libertybeat.com [01:03:56.640 --> 01:04:05.040] fighting [01:04:15.040 --> 01:04:22.080] called in on his cell phone hello mr skidmore hello mr kelton yeah i was just calling in i [01:04:22.080 --> 01:04:27.680] was hoping to robert but uh i was just calling in to let you know that i'm about uh 10 15 minutes [01:04:27.680 --> 01:04:35.520] out and i'll be on the air when i get there okay thank you sieve okay okay we are talking to jimmy [01:04:35.520 --> 01:04:43.040] in maryland okay jimmy yes you were going to explain something but speak a little slower [01:04:43.040 --> 01:04:50.160] and more clearly i'm having a little trouble understanding you okay i'll try um i'm a prior [01:04:50.160 --> 01:04:54.640] offender so it's worse because i've already got a case that's in as a praying court right now [01:04:55.680 --> 01:05:00.320] um so i guess they're going after me more harder now because i'm a prior offender [01:05:01.040 --> 01:05:09.440] and in this issue of suspending license even though my license is resent and i think i told [01:05:09.440 --> 01:05:16.720] you and um steve a few weeks ago that i i had a case back in 2000 when i explained to the judge [01:05:16.720 --> 01:05:22.800] that the you know the license no avoid when it was resent and he agreed and i was found not guilty [01:05:23.440 --> 01:05:30.720] then and young guys i have a i have a good uh double jeopardy uh claim and also probably [01:05:30.720 --> 01:05:37.200] red jerk collar because this judges in 2000 that was years ago when you ruled that not get suspended [01:05:37.200 --> 01:05:44.080] license so so all this thing they're bringing up is um is evidence that they that you know that [01:05:44.080 --> 01:05:50.800] that they use the same evidence to convict me that i found that guilty of back in 2000 [01:05:51.520 --> 01:05:59.520] so and the law is essentially the same 95 yeah yeah basically the same the same charge to that [01:05:59.520 --> 01:06:07.040] i didn't pay something 94 95 but i the argument the argument here is is that you acted in good [01:06:07.040 --> 01:06:14.880] faith reliance on competent authority that you made the argument over the same issue in court [01:06:14.880 --> 01:06:21.360] you are exactly right uh double jeopardy not jeopardy double jeopardy res judicata [01:06:22.960 --> 01:06:29.280] is this issue this exact issue has already been adjudicated and you were found not guilty [01:06:29.280 --> 01:06:38.800] so you drove in good faith reliance on that court ruling that should be a really good argument [01:06:40.880 --> 01:06:46.720] okay that's what that's what i'll come in and that's what i i i when i did my um i did a motion for [01:06:46.720 --> 01:06:53.520] reconsideration of rehearing in in the supreme court uh just last night so that you know 25 days [01:06:53.520 --> 01:06:59.520] will be denied on the 12th of january that's what they're okay hold on you're in maryland hit that [01:07:00.880 --> 01:07:08.800] what how are the courts structured because in in texas the supreme court would be the highest court [01:07:09.840 --> 01:07:15.520] in texas it would happen to be civil the highest court criminal is court of criminal appeals but [01:07:15.520 --> 01:07:20.880] the highest court civil is supreme court in the fed the highest court is supreme court is it the [01:07:20.880 --> 01:07:27.760] same in maryland or is it like new york where the lowest court supreme no in in maryland you have [01:07:27.760 --> 01:07:33.600] the highest court in maryland is the court of appeals you have you have the district court [01:07:34.240 --> 01:07:40.400] the circuit court the court of special appeals and then the court of appeals and that court of [01:07:40.400 --> 01:07:49.120] appeals you have to go to the u.s supreme court okay so you said okay you said supreme [01:07:49.120 --> 01:07:57.520] or did i misunderstand u.s supreme court no no you said before that you're you're okay where are [01:07:57.520 --> 01:08:05.120] you at with your where will your case go from here to appeal okay i'm in the circuit court now with [01:08:05.120 --> 01:08:10.480] this case the next step would be the court of special appeal then after the court of special [01:08:10.480 --> 01:08:14.880] appeals you got the court of appeal which is the highest court in maryland okay okay so you're [01:08:14.880 --> 01:08:21.120] pretty high up didn't you the higher the higher up you get the more likely you are to get a good [01:08:21.120 --> 01:08:29.440] ruling and the issue you're bringing has nothing to do with traffic right and that's that's what [01:08:29.440 --> 01:08:36.560] makes it more interesting and could make it harder for the higher court to make bad law [01:08:36.560 --> 01:08:46.640] law if they rule against you then you've made a good argument then they've set precedent for bad law [01:08:48.960 --> 01:08:52.560] okay so i could you know i could go back in it because i filed it [01:08:52.560 --> 01:08:58.960] uh last night i could go back and amend my motion for reconsideration re-hearing and ask something [01:08:58.960 --> 01:09:03.360] you said about me arriving in good faith independent on this room i could have that in there also [01:09:03.360 --> 01:09:08.480] and also i'm thinking about the uh two to the point of the street and you're talking too fast [01:09:08.480 --> 01:09:12.480] and you're getting some breaking up in your mic can you move your mic a little bit away from your [01:09:12.480 --> 01:09:25.600] mouth okay go ahead okay i was in my um in my motion it was three things i brought up one was [01:09:25.600 --> 01:09:31.600] the double jeffrey redger column and that the court ruled arbitrarily and capriciously [01:09:31.600 --> 01:09:40.000] that i i brought up okay double jeopardy won't apply because it's unless it's are okay how are [01:09:40.000 --> 01:09:48.240] you going to double jeopardy have you been have you been found not guilty in this particular case [01:09:49.440 --> 01:09:53.040] i got found not guilty for suspect for driving on suspended license in 2000 [01:09:53.760 --> 01:10:00.160] okay this is yeah but this was a different alleged offense so double jeopardy won't apply [01:10:00.160 --> 01:10:07.360] unless you've been tried in this case and found not guilty double jeopardy want to apply if you've [01:10:07.360 --> 01:10:16.160] been tried in another case that is similar what the courts are going to say they are not the same [01:10:16.160 --> 01:10:23.840] case and the the facts may be different in this case so the state has a right to adjudicate it [01:10:23.840 --> 01:10:31.920] and that one you won't get and that the court ruled arbitrarily and capriciously [01:10:33.040 --> 01:10:38.720] that's something you have to stipulate you can't just say arbitrarily and capriciously [01:10:39.680 --> 01:10:48.560] what you can say is is that the court failed to apply the law to the facts in this manner [01:10:48.560 --> 01:10:55.120] these were the facts these were that this was the law the court failed to apply the law to the facts [01:10:57.120 --> 01:11:02.560] if you didn't did you support arbitrarily and capriciously with facts and law [01:11:04.000 --> 01:11:08.320] yes i used uh i think it was title five of the usd code [01:11:08.880 --> 01:11:15.120] okay then they can't rule on arbitrarily and capriciously what they can rule on this specific [01:11:15.120 --> 01:11:24.240] rule on this specific is are the specific issues that you brought and what were they [01:11:27.440 --> 01:11:36.080] um what i'm saying this is the same evidence that was used in 2000 the same oh oh okay okay [01:11:36.080 --> 01:11:43.200] now i understand you're saying that this is actually one issue before the court is uh yeah [01:11:43.200 --> 01:11:49.520] res judicata yeah yes and and the judge acted arbitrarily and capriciously in [01:11:50.400 --> 01:12:01.040] in denying you the right to the res judicata yeah oh okay i got it it was finally the same exact [01:12:01.040 --> 01:12:07.280] evidence i had a hearing in 2000 where he ruled okay not guilty he's going to bring up 94 and 95 [01:12:07.280 --> 01:12:14.960] stuff okay still okay what i'm getting to the only real issue here is uh res judicata [01:12:18.880 --> 01:12:23.120] okay arbitrarily and capriciously is not an issue that can come before the appeals court [01:12:24.640 --> 01:12:28.800] the res judicata is the only one that actually does a double jeopardy they'll [01:12:28.800 --> 01:12:32.560] they'll toss that one you can be sure because they got fact base that allows them to [01:12:32.560 --> 01:12:37.520] okay and what about um the food of the poisonous tree [01:12:39.840 --> 01:12:42.240] wait and you spoke that too fast [01:12:43.920 --> 01:12:46.480] fruit of the poison tree doctrine [01:12:46.480 --> 01:13:00.480] right how did the uh police officer or prosecutor illegally procure evidence [01:13:06.320 --> 01:13:14.400] okay my name is not right on the citation that's already been uh well adjudicated [01:13:14.400 --> 01:13:22.960] uh that goes to nuns pro tonk if you were sufficiently identified such that you appeared [01:13:22.960 --> 01:13:32.960] in court that's good enough they're not going to deny either litigant uh access to the courts over [01:13:32.960 --> 01:13:45.840] a minor correctable issue okay if you if you sued somebody and you got an e where there should have [01:13:45.840 --> 01:13:55.600] been an i or an a they're not going to deny your remedy over a technical minor error and the same [01:13:55.600 --> 01:14:00.880] thing goes for the prosecutor he's not going to be denied remedy for a minor correction [01:14:00.880 --> 01:14:07.360] remedy for a minor correctable error now there are some errors that can't be corrected there [01:14:07.360 --> 01:14:14.160] are certain errors in the charging instrument that cannot be corrected but typos and such like that [01:14:15.920 --> 01:14:24.160] unless the name is completely different and it isn't clear to the reasonable person of ordinary [01:14:24.160 --> 01:14:32.720] prudence that you were the person intended in the complaint i mean if they had a completely [01:14:32.720 --> 01:14:39.760] different name then that would be an issue okay go ahead randy this is this is it randy the sound [01:14:39.760 --> 01:14:49.680] dex the sound dex is not my sound dex if they use it to fight me with sound dex yes in maryland [01:14:49.680 --> 01:14:54.880] in some states they have what's called a sound dex number they use in lieu of a driver's license number [01:14:59.360 --> 01:15:01.760] okay so okay whatever okay this is a [01:15:04.400 --> 01:15:13.440] okay i'm not sure what a sound dex is they use that to like take your name your date of birth [01:15:13.440 --> 01:15:17.680] and somehow they manipulate that together and that's how they call for number to cite you upon [01:15:17.680 --> 01:15:22.800] a citation when you don't have a driver's license but it can't find you in the system oh [01:15:25.440 --> 01:15:31.680] so so this is something they compiled yes you can chat online i saw the rules on how they do [01:15:31.680 --> 01:15:35.040] sound dex numbers are you say they didn't compile it right [01:15:37.680 --> 01:15:44.960] no the driver's license that i submitted and that we sent in back in 98 is not the same [01:15:44.960 --> 01:15:54.000] number as i'm being cited with what's that got to do with it the problem with that is you're [01:15:54.000 --> 01:15:59.920] making a record of a sound dex number that i had i didn't apply for i didn't agree or consent to [01:15:59.920 --> 01:16:06.640] being used to identify me with so we got some frauds going on here but how does that go to [01:16:06.640 --> 01:16:19.760] to the issue at bar the issue at bar yes you're being accused of operating a motor vehicle without [01:16:19.760 --> 01:16:29.280] a license how does that affect the accusation of operating a motor vehicle without a license [01:16:29.280 --> 01:16:36.640] no it's not just the suspended license is a problem you're you're you're the bogus number [01:16:36.640 --> 01:16:43.520] look you can't go in there and say you didn't dot this i you didn't cross this t so everything [01:16:43.520 --> 01:16:48.880] goes out to me you're not going to get there from here hang on this is taking way too long [01:16:48.880 --> 01:17:03.600] this is a simple issue we'll be right back chances are you've heard of my magic mud but have you [01:17:03.600 --> 01:17:08.320] used it thousands of people are blown away by the clean and healthy feeling they experience after [01:17:08.320 --> 01:17:13.440] just one use here's what harland detrick owner of brave new books has to say about the product [01:17:13.440 --> 01:17:17.120] hey everybody this is harlan detrick owner of brave new books just want to tell everybody [01:17:17.120 --> 01:17:22.320] about my magic mud i use the product and it makes my teeth feel clean and healthy i think it makes [01:17:22.320 --> 01:17:26.560] them stronger i got lots of customers that come in and say the same thing you can pick yours up [01:17:26.560 --> 01:17:31.920] at brave new books if that wasn't 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This is the Logos, Logos, Radio, Netradio, Netradio, Netradio, Netradio, Netradio, Netradio, Netradio. [01:19:11.440 --> 01:19:29.680] Okay we are back Randy Kelton and Steve Skidmore with Law Radio and we're talking to Jimmy in Maryland. [01:19:29.680 --> 01:19:39.680] Jimmy I'm not sure what this issue has to do with the accusation against you are you saying they got [01:19:39.680 --> 01:19:48.880] the wrong guy yes so you're not the guy that was stopped and accused of not having a valid driver's [01:19:48.880 --> 01:19:58.240] license the the information they're using is not mine it's a different question you're trying to [01:19:58.240 --> 01:20:05.200] force this into nuns pro-tunk you're trying to make nuns pro-tunk uh something that would [01:20:05.200 --> 01:20:13.680] be um what's the term um that would that would eliminate the case are you the human being [01:20:15.680 --> 01:20:22.080] that a police officer stopped and accused of operating motor vehicle without about a driver's license [01:20:22.080 --> 01:20:37.120] without a driver's license yes okay how does this sound x i'm still not sure what that is [01:20:38.560 --> 01:20:43.520] look and how how does it affect whether or not they have the right person before the court [01:20:44.720 --> 01:20:51.120] that's how they identify you through that number no they identify you by looking you in your eye [01:20:51.120 --> 01:20:56.480] that's why they have a uh ring if you ring i understand randy but there are different [01:20:56.480 --> 01:21:02.000] james williams's with different driver's license numbers right if you so what [01:21:06.720 --> 01:21:16.560] so what we have a problem not me what's the problem it's not me are you the person that the [01:21:16.560 --> 01:21:23.600] officer okay i'm the judge were you driving a motor vehicle and this officer stopped you [01:21:23.600 --> 01:21:29.280] driving a motor vehicle are you the person that was driving that motor vehicle what are you going [01:21:29.280 --> 01:21:35.520] to say i'm going to say no i was not the person driving that motor vehicle were you operating the [01:21:35.520 --> 01:21:46.320] the motorized conveyance no i was not operating motorized conveyance so were you in the neighborhood [01:21:46.880 --> 01:21:49.440] i was in the neighborhood but i was not involved in transportation [01:21:51.440 --> 01:21:56.880] operating a motorized conveyance is not in transportation you're trying to force [01:21:56.880 --> 01:22:01.040] something in there and this is you're looking for some magic little [01:22:01.040 --> 01:22:06.400] boo boo they made that you make this thing whole thing go away with i guarantee you that ain't [01:22:06.400 --> 01:22:12.400] going to happen okay but i'm also talking about the killing process when you cite somebody [01:22:12.400 --> 01:22:18.320] wrongly if you cite me with somebody else's number that's probably a problem that is not [01:22:18.320 --> 01:22:23.680] mine i understand what you're saying yeah yes but it's it's not it doesn't prevent adjudication of [01:22:23.680 --> 01:22:28.160] the case i'm trying to think of the right word there's a word for that and i've lost it for the [01:22:28.160 --> 01:22:35.360] moment they can still identify you but they but they should correct that issue that error should [01:22:35.360 --> 01:22:42.400] be corrected if it's so what they should correct it okay but how does that affect the adjudication of [01:22:42.400 --> 01:22:50.640] the case if you have my right number my the drop let's say i had okay wait a minute hold on let's [01:22:50.640 --> 01:22:57.360] go to a there's something missing here never make a proactive statement of law uh uh let's say [01:22:57.360 --> 01:23:03.360] of law out of your own mouth always make it out of the court mouth of the court what does the [01:23:03.360 --> 01:23:16.480] court say about this issue okay the case law did you find something that you see to be wrong [01:23:18.240 --> 01:23:21.840] of course and you're trying to adjudicate what you see to be wrong [01:23:21.840 --> 01:23:28.160] yeah okay here's the here's the issue we we can't do it that way i know we can out here in the real [01:23:28.160 --> 01:23:40.160] world but not on the legal side in law we have to say this is wrong because the court in this case [01:23:40.160 --> 01:23:50.480] or the legislature in this statute says this is wrong you can't prosecute me when you have the [01:23:50.480 --> 01:24:00.720] statute when you have my designation or my identification incorrectly as stipulated by [01:24:00.720 --> 01:24:07.360] statute so-and-so or as ruled by case so-and-so have you done that [01:24:07.360 --> 01:24:19.040] running by me again have you uh done a brief on this issue points and authorities [01:24:21.760 --> 01:24:31.440] back to a basic tenant the judge has two things he's required to do he must determine the facts [01:24:31.440 --> 01:24:36.800] in accordance with the rules of evidence then he must apply the law as it comes to him to the [01:24:36.800 --> 01:24:41.920] facts in the case so you've established the fact that they have a misidentification [01:24:43.520 --> 01:24:49.440] have you applied law to those facts that tells the judge he must rule in your favor [01:24:52.400 --> 01:24:56.720] no i just filed a citation i'm not applying motion about if you're wrong this driver's license [01:24:56.720 --> 01:25:05.200] okay here's the deal in court you can come into court and make the most convincing arguments [01:25:05.200 --> 01:25:10.320] and give the judge the most compelling reasons why he should rule in your favor [01:25:11.600 --> 01:25:16.720] and he'll listen to you for the most part and be polite but he's not going to tell you [01:25:17.840 --> 01:25:25.520] that you're not giving me something i can rule on you must because he's not your lawyer so he's [01:25:25.520 --> 01:25:29.520] not he's not allowed to give you legal advice i mean they do but they're not supposed to [01:25:29.520 --> 01:25:36.160] you must give him the facts and then give him the law that he must apply to those facts if you just [01:25:36.160 --> 01:25:41.760] gave him a good story he may appreciate the story he may agree with you but he has no power to rule [01:25:41.760 --> 01:25:48.160] in your favor unless you've given him the facts and the laws that applies to the facts [01:25:48.160 --> 01:25:58.320] and the laws that applies to the facts so you have to go back and brief this issue okay and be careful [01:25:58.320 --> 01:26:09.120] be diligent just because you think something is wrong you can't say it because you think it's wrong [01:26:10.240 --> 01:26:16.000] if you think it's wrong go back and look in the in the law and for the most part if something really [01:26:16.000 --> 01:26:22.560] if something really seems wrong it probably is if it seems like there should be a law against this [01:26:22.560 --> 01:26:31.120] it probably is you just got to go find it okay so you can't say this is wrong unless you can say it [01:26:31.120 --> 01:26:39.440] out of the mouth of the court does that make sense jimmy makes plenty of sense randy okay is [01:26:39.440 --> 01:26:46.240] is that it yeah that's it i want to hold the phone up so yeah appreciate everything in your [01:26:46.240 --> 01:26:54.560] time randy very much okay thank you very much okay we are going to go to leslie in pennsylvania [01:26:54.560 --> 01:27:04.560] hello miss leslie hi there how are you we've had a good week this is leslie the bad grandma [01:27:04.560 --> 01:27:10.240] you do not want to mess with miss leslie and you fully understand that last point [01:27:10.240 --> 01:27:16.240] because i saw your pleadings yeah can i give some background for those people they don't really [01:27:16.240 --> 01:27:27.840] don't know me yes please do okay um a couple years ago in 2010 my husband and i my husband [01:27:27.840 --> 01:27:36.400] rescinded the mortgage it was timely a couple months later we still hadn't heard from the bank [01:27:36.400 --> 01:27:42.480] you know regarding the the title or nothing like that so we filed a lawsuit for breach of contract [01:27:42.480 --> 01:27:53.840] for failure to abide by the tiller under 1641 g murray's is in our mortgage and that requires [01:27:53.840 --> 01:28:01.280] that every time there's a change of ownership of creditor that there has to be a notification [01:28:01.280 --> 01:28:08.640] within 30 days and then under a respite and all that other stuff well they told us in the court [01:28:08.640 --> 01:28:13.440] that because it was over a year ago that we had even though we just found out about it [01:28:14.160 --> 01:28:21.920] that they threw the case out because it was over a year old uh the uh the damage that was done was [01:28:21.920 --> 01:28:28.800] over a year old but when they threw out the case they did a findings of facts and conclusions of law [01:28:29.760 --> 01:28:38.560] which stated the exact chain of title to the mortgage in the order in the opinion of judge [01:28:40.240 --> 01:28:47.680] so i went and took the original lender to county court to file quiet title because i didn't put them [01:28:47.680 --> 01:28:53.200] in on the original tiller violation so i pulled the servicer in fannie may and on them [01:28:54.640 --> 01:29:01.840] so i did the original lender a quiet title and i got a default judgment because they didn't have [01:29:01.840 --> 01:29:06.480] to learn anymore so they didn't answer well then they answered it and they didn't answer but they [01:29:06.480 --> 01:29:12.960] went and opened the default judgment and then answered in the meantime city mortgage comes in [01:29:12.960 --> 01:29:19.440] and gets an assignment a mortgage and sticks its nose under the tent and brings in to my quiet [01:29:19.440 --> 01:29:26.960] title case well the judge says oh this is all rest judicata because they had sitting mortgage [01:29:26.960 --> 01:29:33.360] in the other the servicer in the federal case and so he dismissed the case and now we're in [01:29:33.360 --> 01:29:40.960] the court of appeal so now we got a foreclosure okay okay hang on we're about to go to break [01:29:40.960 --> 01:29:50.640] this is randy kelton's steve skidmore radio i'll call it number 512-646-1984 we'll have the phones [01:29:50.640 --> 01:29:54.800] open all night sunny i see you there we'll pick you up as soon as we're finished with [01:29:54.800 --> 01:30:04.080] miss leslie we'll be right back eyes may soon be windows to more than our souls if the government [01:30:04.080 --> 01:30:08.880] test of iris scanning expands i'm dr catherine albrecht and i'll be back in a moment to share [01:30:08.880 --> 01:30:14.400] more on how this tracking technology could undermine your civil liberties your search engine [01:30:14.400 --> 01:30:19.920] is watching you recording all your searches and creating a massive database of your personal [01:30:19.920 --> 01:30:25.600] information that's creepy but it doesn't have to be that way startpage.com is the world's most [01:30:25.600 --> 01:30:30.320] private search engine startpage doesn't store your ip address make a record of your searches [01:30:30.320 --> 01:30:35.440] or use tracking cookies and they're third party certified if you don't like big brother spying [01:30:35.440 --> 01:30:41.600] on you start over with startpage great search results and total privacy startpage.com the [01:30:41.600 --> 01:30:46.960] world's most private search engine the eyes have it a unique iris pattern that is and the u.s [01:30:46.960 --> 01:30:51.920] department of homeland security is testing those patterns to identify and track people at the u.s [01:30:51.920 --> 01:30:56.640] border in mccallan texas while the government's current agenda is citizen safety tracking [01:30:56.640 --> 01:31:01.280] technology actually makes us much less safe in the long run researchers have found a way to [01:31:01.280 --> 01:31:06.320] secretly scan people's irises from across a room and once the government can track people it can [01:31:06.320 --> 01:31:11.120] control them too hushing dissent and undermining civil liberties we ignore these tracking [01:31:11.120 --> 01:31:15.920] technologies at our peril unless we speak out today's scanning of aliens at the border will [01:31:15.920 --> 01:31:22.000] work its way deep into our communities tomorrow minority report style i'm dr catherine albrecht [01:31:22.000 --> 01:31:33.760] more news and information at catherinealbrecht.com we want to thank all our listeners who contributed [01:31:33.760 --> 01:31:38.320] to making the logos radio network fundraiser a success this year your support got us close [01:31:38.320 --> 01:31:42.800] to reaching our goal toward the end of january we received many requests from listeners to [01:31:42.800 --> 01:31:48.160] extend the deadline to enter into the drawing for the glott 42 and the phl classes as a result [01:31:48.160 --> 01:31:53.840] we are extending the deadline until february 15 every 25 donation gets you a chance to win [01:31:53.840 --> 01:31:59.040] help us reach our goal no donation is too small and everything is appreciated please go to logos [01:31:59.040 --> 01:32:05.360] radio network.com for details after work i'm so tired that i want to be left alone to sleep [01:32:05.360 --> 01:32:11.040] hey listen to me who are you i knew years ago when you felt healthy and young and everything [01:32:11.040 --> 01:32:16.160] worked on your body do you remember that yes i wish i felt like that now you came feel like [01:32:16.160 --> 01:32:22.000] that again with a new micro plant powder formulation called iodine now it cleans the entire body from [01:32:22.000 --> 01:32:26.560] head to toe and feeds the body what it really needs you'll be in a better mood and you'll find [01:32:26.560 --> 01:32:32.880] more drive in your romantic life really i gotta try iodine now and feel good again it also protects [01:32:32.880 --> 01:32:37.600] you from radiation heavy metals four-eyed chlorine and bromine including cancer and most major [01:32:37.600 --> 01:32:42.400] diseases you'll be amazed you can be your own doctor i want to keep you out of the hospital [01:32:42.400 --> 01:32:48.480] and all pharmaceuticals wow why are you so nice to me because i'm you you're out of shape and i [01:32:48.480 --> 01:32:57.680] need a better looking future call 888-910-4367 that's 888-910-4367 or visit micro plant powder [01:32:57.680 --> 01:33:13.120] dot com micro plant powder dot com looking for some truth you found it logos radio network.com [01:33:27.680 --> 01:33:47.280] okay we are back brandy kelton steve skidmore and he's [01:33:47.280 --> 01:33:56.400] actually here i am actually here steve skidlate yeah i do i would like to take just a moment to [01:33:56.400 --> 01:34:03.680] apologize to the listeners for for my tardiness unfortunately working for a law firm it often [01:34:03.680 --> 01:34:12.880] requires some very late arduous hours so i did make it alive through austin traffic for what [01:34:12.880 --> 01:34:21.840] it's worth and i'm here okay and we were talking to miss leslie in pennsylvania and i've been [01:34:21.840 --> 01:34:30.720] listening okay miss leslie you made it to the appeals court yes now soon as we're still we [01:34:30.720 --> 01:34:37.760] were waiting for the for the brief coming from sitting mortgage and i got served with foreclosure [01:34:37.760 --> 01:34:47.920] complaint so i took a look at everything and i thought oh yeah sometimes bad news is good news [01:34:47.920 --> 01:34:56.720] is you know what i mean because we we got thrown out of the federal court but we got our complete [01:34:56.720 --> 01:35:04.080] chain of title in there that shows that there's res judicata to the fact that the assignment of [01:35:04.080 --> 01:35:14.560] mortgage that they put into this foreclosure complaint is a fraud it's forgery leslie something [01:35:14.560 --> 01:35:23.200] i learned very early in this game is that opposition is really really good to give us ammunition [01:35:24.720 --> 01:35:31.040] if if we are intuitive enough to recognize it as such and strong enough to use it against them [01:35:32.560 --> 01:35:39.280] and on top of that the note that they put into the complaint with the forgery [01:35:39.280 --> 01:35:48.960] what with the forged assignment of mortgage was also a counterfeit because it was a copy of a copy [01:35:48.960 --> 01:35:56.560] of a copy of a note that was created in 2007 when the note was originally transferred [01:35:56.560 --> 01:36:02.960] from the original lender to sitting mortgage ah wait a minute you know what that was [01:36:02.960 --> 01:36:09.520] what that was a copy of the transferable record that was not a copy of the note that you signed [01:36:09.520 --> 01:36:16.720] that was a copy of the transferable record do you know the difference no okay the note you [01:36:16.720 --> 01:36:24.480] signed had a blue ink signature your human your the pressure from your human hand placed your [01:36:24.480 --> 01:36:31.360] mark on that on that piece of paper what happened to that after the signing after the closing was [01:36:31.360 --> 01:36:39.280] they scanned it and they saw that that scanned copy that electronic copy became a what's called [01:36:39.280 --> 01:36:49.360] a transferable record they sold that transferable record into a remit or into a securitization pool [01:36:49.360 --> 01:37:00.960] securitization pool okay right this the investors never see the original instrument all they ever [01:37:00.960 --> 01:37:09.680] see is the transferable record and that's what they go to their computer database call up and [01:37:09.680 --> 01:37:19.680] hit print and present as their proof of claim that's why it was so old well the reason i knew [01:37:19.680 --> 01:37:30.000] that it was a copy of a copy of a copy was because the original note supposedly original had many [01:37:30.000 --> 01:37:38.160] more uh endorsements on it and was presented in the case in the federal court let me pause you [01:37:38.160 --> 01:37:48.560] again they did not endorse the original they endorsed the transferable record now now wait a [01:37:48.560 --> 01:37:57.280] minute she's talking about a different place a different time miss leslie at in the federal [01:37:57.280 --> 01:38:06.880] court did they have the or did they produce the original um no they didn't they produced the copy [01:38:06.880 --> 01:38:14.000] that was endorsed three times that's a copy of the transferable record okay well and i take it that [01:38:14.000 --> 01:38:20.640] you still have what oh if they put it in court then that's still evidence so you can bring that in [01:38:22.000 --> 01:38:32.320] right right so um wait one other question did the same party present both documents [01:38:32.320 --> 01:38:42.160] no the same lawyer did but not for the same party oh the lawyer uh steve for city mortgage [01:38:42.160 --> 01:38:50.160] is the same one that hold on just a second steve talk about santiago v mackey santiago v mackey [01:38:51.520 --> 01:38:59.520] uh can't recollect the first name of the couple santiago but santiago uh demanded the old uh show [01:38:59.520 --> 01:39:08.240] me the note routine mackey wolf science and man a foreclosure mill law firm said okay come on down [01:39:08.240 --> 01:39:15.520] to the office we got it right here well when mr and mrs santiago showed up they were presented [01:39:15.520 --> 01:39:24.000] a photostatic copy of what appeared to be a document bearing what what would have been their [01:39:24.000 --> 01:39:33.600] signature that was not the original again i'm i keep harping on this transferable record for a [01:39:33.600 --> 01:39:43.040] reason okay now with santiago v mackey they said we have the original come see it and when they [01:39:43.040 --> 01:39:50.240] got there to see it they presented them not the original human signed by a human hand in blue ink [01:39:50.240 --> 01:39:55.520] uh document they presented them with a photostatic copy of something else [01:39:56.960 --> 01:40:03.360] that was a forgery that was a fraudulent misrepresentation of material facts [01:40:04.880 --> 01:40:13.120] uh mackey came back into court with one affirmative defense okay hold on [01:40:13.120 --> 01:40:22.880] hold on santiago sued not the lender well okay yeah let me let me let me back up just a minute [01:40:24.080 --> 01:40:31.280] they the santiagos santiagos filed in state court it was removed to the fed for diversity of [01:40:31.280 --> 01:40:40.080] jurisdiction after being presented the photostatic copy of what was purported to be the original [01:40:40.080 --> 01:40:48.560] instrument uh santiago filed for filed a motion for leave to amend and their amended complaint [01:40:48.560 --> 01:40:59.120] added mackey wolf sites and man the law firm as a defendant mackey wolf severed that issue and [01:40:59.120 --> 01:41:04.800] remanded that back to that one issue with them as defendants back to state court [01:41:04.800 --> 01:41:13.520] that state court went to the uh fifth court of appeals in dallas in where [01:41:15.520 --> 01:41:21.680] um mackey wolf was pleading attorney immunity as their they they didn't even say hey we didn't [01:41:21.680 --> 01:41:28.960] do anything wrong they were basically saying yeah so what we did something wrong but you can't sue [01:41:28.960 --> 01:41:37.200] us because we we're immune from prosecution due to attorney immunity we did that in the interest of [01:41:37.200 --> 01:41:45.440] pursuing our client's case the fifth court of appeals in dallas did not agree with mackey [01:41:46.240 --> 01:41:55.520] they said no you broke the law in the pursuit of your client's case you are liable what they [01:41:55.520 --> 01:42:06.000] you are liable what they just said they said presenting a fraudulent document is not a duty [01:42:06.000 --> 01:42:12.000] of a lawyer representing a client absolutely does that sound interesting miss leslie [01:42:13.040 --> 01:42:18.160] oh it sounds very interesting because when i got that assignment when i had that complaint i called [01:42:18.160 --> 01:42:25.040] him and i said who told you to file this and he said oh it's been released for foreclosure i said [01:42:25.040 --> 01:42:30.160] but it's still in the court of appeals i haven't even gotten your appellate brief yet from you know [01:42:31.200 --> 01:42:36.400] for the court of appeals oh no he says i said aren't you going to wait for the uh for a decision [01:42:37.120 --> 01:42:45.920] and he says no i filed it i said get ready to empty your pocket bud sue him i said no that's [01:42:45.920 --> 01:42:55.040] a promise i'm going to see your painful have you uh have you ever heard of santiago v mackey leslie [01:42:55.040 --> 01:43:00.720] oh yes i have a copy of it yes good good study that and argue exactly the same thing [01:43:02.080 --> 01:43:08.320] yeah i intend to are they claiming attorney immunity or have you have you gotten that far [01:43:08.320 --> 01:43:17.040] no no i just filed in i just got the uh the complaint on wednesday oh okay and i i filed [01:43:17.040 --> 01:43:22.800] the preliminary objections already i had them ready wait a minute wait a minute wait a minute [01:43:22.800 --> 01:43:29.520] you've already stepped outside the plan here have you uh filed a motion for leave to amend your [01:43:29.520 --> 01:43:39.360] complaint adding the adding this law firm as a defendant no no no that is step number one [01:43:39.360 --> 01:43:44.480] oh wait wait hang on hang on this leg we're about to put a break randy kelton steve skidmore we'll [01:43:44.480 --> 01:44:01.760] roll radio our call in number 512646 1984 we'll be right back you feel tired when talking about [01:44:01.760 --> 01:44:06.720] important topics like money and politics are you confused by words like the constitution or the [01:44:06.720 --> 01:44:12.880] federal reserve what if so you may be diagnosed with the deadliest disease known today stupidity [01:44:12.880 --> 01:44:18.000] hi my name is steve holt and like millions of other 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tutorials forms for civil cases pro se tactics and much more please visit rule [01:45:53.360 --> 01:46:04.240] of law radio dot com and click on the banner or call toll-free 866 law easy [01:46:23.360 --> 01:46:26.240] me [01:46:45.520 --> 01:46:52.560] welcome back to rule all radio folks uh now leslie let me bring something to your attention you have [01:46:52.560 --> 01:46:59.360] filed an objection is that correct yeah okay let me stop right there don't get ahead of me [01:47:00.400 --> 01:47:08.800] the the next thing i would do if it were me is you still got to file an answer then the objection [01:47:08.800 --> 01:47:17.280] is not an answer so it's good that you you have not filed your answer yet i hope you haven't filed [01:47:17.280 --> 01:47:23.600] your answer yet no no no you're not okay good good good good pause right there okay since you [01:47:23.600 --> 01:47:33.360] have not filed your answer to that yet i would file an answer uh in a form of a general denial [01:47:34.720 --> 01:47:44.880] and also a counter suit account or a counter complaint naming both the law firm [01:47:44.880 --> 01:47:51.440] and the individual attorney who claims that he filed that into the court now [01:47:52.720 --> 01:48:00.400] this is going to put them in a very precarious position since you would be counter suing not [01:48:00.400 --> 01:48:07.440] only the individual attorney who filed the suit but also the law firm itself now they've all got [01:48:07.440 --> 01:48:15.040] to go get representative counsel chances are they will follow suit with uh the santiago v mackie [01:48:15.760 --> 01:48:21.280] in filing uh and as a matter of fact i would almost guarantee it because one of the largest [01:48:21.280 --> 01:48:31.280] firms here in texas uh filed we filed something similar and uh we got the answer today uh via the [01:48:31.280 --> 01:48:40.640] court uh correspondents and they are claiming the same thing attorney immunity according to [01:48:40.640 --> 01:48:46.320] santiago v mackie and it would make sense in all 50 states that if any attorney breaks the law in [01:48:46.320 --> 01:48:56.720] the in the uh act of of representing his client he has left attorney immunity far behind him [01:48:56.720 --> 01:49:06.800] far behind him and becomes personally liable exactly but it is imperative that you answer [01:49:07.840 --> 01:49:13.840] with a counter suit against those two parties the individual attorney and the law firm [01:49:13.840 --> 01:49:10.180] that he works for in pan [01:49:10.180 --> 01:49:24.960] In Pennsylvania the the way to handle a foreclosure is you always put in preliminary objections [01:49:24.960 --> 01:49:26.160] Okay [01:49:26.160 --> 01:49:34.960] In the objections what that's similar to is a demurrer in other states or a motion to dismiss [01:49:36.080 --> 01:49:49.040] yes and what we put in there was the the fraudulent and forged assignment of mortgage fraudulent by [01:49:49.040 --> 01:49:58.640] rescued akata and forged by the verified pleading of the assigned war and that's all well and good [01:49:59.280 --> 01:50:06.400] but unless you sue these attorneys oh i intend to as soon as i get this case thrown out because [01:50:06.400 --> 01:50:13.600] and i don't know no no no no no no you're not getting it why you're missing some neat politics [01:50:13.600 --> 01:50:21.200] yes you are missing it completely don't wait for for a dismissal that may not happen [01:50:22.800 --> 01:50:25.280] sue them and sue them right now [01:50:29.040 --> 01:50:37.200] don't miss this opportunity if you wait you let it go by if you sue them now they'll have to get [01:50:37.200 --> 01:50:43.600] counsel and they'll this law firm will be disqualified from representing the court of the [01:50:44.160 --> 01:50:48.960] the bank the bank's going to have to hire a new attorney the law firm is going to have to hire [01:50:48.960 --> 01:50:55.920] attorneys if the water is going to get a whole lot deeper for them right now they're in offense mode [01:50:55.920 --> 01:51:03.520] what you're fixing to do is put them in absolute 100 percent defense mode that's exactly where [01:51:03.520 --> 01:51:09.920] you want them so long as they have the offensive position they have the upper hand as soon as you [01:51:09.920 --> 01:51:17.600] shift that polarity by adding them as defendants in a countersuit that shifts the polarity now you [01:51:17.600 --> 01:51:24.880] have the advantage can i file a countersuit right now in the court absolutely well that's what i'll [01:51:24.880 --> 01:51:34.800] do then i won't that was my whole point oh okay yes the other okay so i i have the uh the counterfeit [01:51:35.280 --> 01:51:43.520] uh note count i have the res judicata on the fraudulent assignment of mortgage because of [01:51:43.520 --> 01:51:50.800] the timing of it okay okay that's on the defense side you're now going on the offense the offense [01:51:50.800 --> 01:51:56.560] is your suit against the attorneys in the law firm yeah but she still has to answer the suit [01:51:56.560 --> 01:52:03.200] adequately yeah absolutely yes and and if it were me i would answer with a general denial just [01:52:03.760 --> 01:52:09.680] generally denying everything and oh by the way here's my counter suit against this attorney [01:52:09.680 --> 01:52:16.160] who told me that that he filed it and the firm that he works for as well okay i have a question [01:52:16.160 --> 01:52:26.800] miss leslie yes in your answer can you simply answer with a general denial or do you have to [01:52:26.800 --> 01:52:36.000] specifically deny each allegation what i'm getting at is you have to give your hand away [01:52:37.200 --> 01:52:41.520] no if you put in a general denial they'll accept it as an admission [01:52:41.520 --> 01:52:52.000] and they are so so you have to address it deny each if they make specific accusations or [01:52:52.000 --> 01:52:57.680] assertions you have to deny those specifically that's why it's better to do it this way and [01:52:57.680 --> 01:53:02.000] get it thrown out of that court completely while on the other hand you're doing something else [01:53:02.000 --> 01:53:07.520] in another case i wouldn't i wouldn't count on it getting thrown out though leslie that's not [01:53:07.520 --> 01:53:13.680] that's my whole point we know that the bank that the courts are bank friendly each and every one [01:53:13.680 --> 01:53:22.000] of them in all 50 states oh no it's things are changing in pennsylvania i think you weren't here [01:53:22.000 --> 01:53:27.760] oh the last couple times she was on will you explain what's going on recently in pennsylvania [01:53:27.760 --> 01:53:39.280] leslie well there's a lot of we have of course we have becker v murr and my my county recorder [01:53:39.280 --> 01:53:46.000] has also sued the banks and we've been getting some pretty good decisions from there but um [01:53:47.600 --> 01:53:54.320] what i have have done in this objection is there was five major things that they they're trying [01:53:54.320 --> 01:54:00.320] to enforce a rescinded and void mortgage contract they attached a forged and fraudulent invalid [01:54:00.320 --> 01:54:07.120] assignment a mortgage they attached a fraudulent and counterfeit note they didn't join the unrecorded [01:54:07.120 --> 01:54:14.560] owners and they referenced the related civil trial of quiet title and those are all reasons [01:54:14.560 --> 01:54:21.760] to throw out the case all valid reasons so if they don't do that the george the judge can get a [01:54:21.760 --> 01:54:29.440] kind of a judicial contact and he knows i'll do it you're so squeezed [01:54:30.800 --> 01:54:38.000] yeah i don't know why people call you bad grandma i think that's just you randy [01:54:38.000 --> 01:54:49.200] i called really about this class action suit we talked about last week it is a term of endearment [01:54:53.760 --> 01:54:57.840] i'm calling about that bank of america claim they had a class action suit go against them [01:54:58.560 --> 01:55:04.480] white the the bank of america the class action it's a rico suit about the insurance [01:55:04.480 --> 01:55:10.000] it okay will you tell us about that when that was in the note of what you wanted to talk about [01:55:11.280 --> 01:55:21.520] yes yes it seems that when you buy a house and you do not put down 20 percent of a down payment [01:55:22.320 --> 01:55:28.080] that you're required to have some kind of insurance and you never get to pick who the [01:55:28.080 --> 01:55:36.480] insurance company is well in the case of bank of america they had a couple they had their own [01:55:36.480 --> 01:55:45.760] insurance company and then they um used that insurance company to funnel to other insurance [01:55:45.760 --> 01:55:52.000] companies but they required those other insurance companies to kick back the money [01:55:52.000 --> 01:55:59.120] right and give them reduced rates so that they got to keep most of the insurance money themselves [01:55:59.120 --> 01:56:08.560] and enrich themselves and in the form of referral payments and illegal kickbacks [01:56:09.200 --> 01:56:15.600] that made the insurance premiums very high to these people they're going after them [01:56:15.600 --> 01:56:32.560] and it's rapeteering agreed okay uh how does that suit affect someone else who's been subjected [01:56:32.560 --> 01:56:43.360] to the same process does the rico suit if there is a an adjudication does it end [01:56:43.360 --> 01:56:52.240] does it end someone's claim who wasn't a part of the rico suit i don't know i don't think so [01:56:53.840 --> 01:57:00.320] i think it's like um the recorder of deeds it it's on behalf of all others similarly situated [01:57:01.120 --> 01:57:08.000] so if i sue on behalf of all others similarly situated do i do i affect [01:57:08.000 --> 01:57:15.360] those others similarly situated their ability to adjudicate themselves that's my question here [01:57:16.080 --> 01:57:19.360] i don't think so only if they opt out [01:57:20.960 --> 01:57:30.400] oh well okay if you're a potential party you don't know it then you don't have opportunity to opt out [01:57:30.400 --> 01:57:38.880] to opt out now this is a rico suit in pennsylvania is it pennsylvania is it some other state [01:57:41.680 --> 01:57:45.520] yes it is in pennsylvania how about that i actually saw the suit [01:57:46.240 --> 01:57:55.360] and it was really sophisticated you sent it to me yes it is so i'm wondering if this is just [01:57:55.360 --> 01:58:04.160] pennsylvania can someone file a did they file a state repo or federal i think this is a federal [01:58:04.160 --> 01:58:10.800] court yeah federal i'm wondering if it would eliminate our ability to do this elsewhere [01:58:12.160 --> 01:58:17.840] hang on we're about to go to break randy kelton steve skidmore rule of our radio our call in [01:58:17.840 --> 01:58:25.840] number 512-646-1984 we're going to our top of the hour break 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