[00:00.000 --> 00:07.560] This is the Liberty Beat, your daily source for Liberty news and activist updates, online [00:07.560 --> 00:09.320] at thelibertybeat.com. [00:09.320 --> 00:14.080] I'm Brian Hagan with your Liberty Beat for Friday, February 27th, 2015. [00:14.080 --> 00:22.120] Gold is trading at $1,210, silver at $16.59, and bitcoin is trading around $251.47. [00:22.120 --> 00:27.480] Today's bitcoin price brought to you by ExpressCoin, the fastest, most reliable way to buy bitcoin. [00:27.480 --> 00:30.280] Buy bitcoin today at ExpressCoin.com. [00:30.280 --> 00:34.480] Support for the Liberty Beat comes from the Texas Bitcoin Conference, March 28th and 29th [00:34.480 --> 00:36.880] at ACL Live at the Moody Theater. [00:36.880 --> 00:41.520] Join scores of bitcoin experts and enthusiasts from around the world for talks, networking [00:41.520 --> 00:44.480] and a million dollar bitcoin 2.0 hackathon. [00:44.480 --> 00:48.520] Tickets on sale now at texasbitcoinconference.com. [00:48.520 --> 00:52.760] In the news, the Washington Times calls it a landmark decision. [00:52.760 --> 00:57.420] That follows Thursday's FCC approval of net neutrality, which gives the federal government [00:57.420 --> 01:01.040] a major role in oversight of internet traffic. [01:01.040 --> 01:08.760] Critics decry the move as a gateway into government oversight of the entire internet. [01:08.760 --> 01:14.280] The Defense Advanced Research Projects Agency, commonly known as DARPA, is close to completing [01:14.280 --> 01:16.920] an advanced voice recognition program. [01:16.920 --> 01:23.000] The agency is in the third phase of the robust automatic transcription of speech RATS program, [01:23.000 --> 01:28.120] which is capable of deciphering human voices even when background noise renders the conversation [01:28.120 --> 01:29.120] inaudible. [01:29.120 --> 01:35.960] In honor of the launch of the new and improved SovereignLiving.com, each day this week the [01:35.960 --> 01:40.560] Liberty Beat is bringing you a simple survival tip that just might save your life. [01:40.560 --> 01:42.700] With today's tip, here's John Bush. [01:42.700 --> 01:43.880] Have a bug out plan. [01:43.880 --> 01:45.800] You never know when a crisis could occur. [01:45.800 --> 01:50.360] Some disasters could be so severe that you and your family need to leave your home immediately. [01:50.360 --> 01:54.160] It's important that you have a plan as to where you are going to go should you need [01:54.160 --> 01:55.480] to vacate your home. [01:55.480 --> 01:59.600] Also, if your family or bug out group members are not in the same place when your crew decides [01:59.600 --> 02:03.320] it's time to get the heck out of Dodge, it's important to have a predetermined meeting [02:03.320 --> 02:06.280] place so everyone is on the same page and knows where to go. [02:06.280 --> 02:09.880] Make sure your plan takes into account what the environment might be like in a disaster [02:09.880 --> 02:11.740] or civil unrest scenario. [02:11.740 --> 02:13.160] What will major roads be like? [02:13.160 --> 02:14.680] Could bridges be down? [02:14.680 --> 02:16.440] Could checkpoints be set up? [02:16.440 --> 02:19.920] Pre-stock your bug out location with enough supplies to last you and your crew a month [02:19.920 --> 02:22.920] or longer should you need to hunker down for the long haul. [02:22.920 --> 02:26.240] Finally, keep your bug out plan on a need to know basis. [02:26.240 --> 02:29.720] You don't want the authorities or your neighbor Bob showing up unexpectedly. [02:29.720 --> 02:32.280] The world is a dangerous and unpredictable place. [02:32.280 --> 02:34.820] There's no better time than now to get prepared. [02:34.820 --> 02:36.280] Your life may depend on it. [02:36.280 --> 02:39.960] The Liberty Beat is brought to you by Silver Botanicals, producing innovative all-natural [02:39.960 --> 02:43.480] high quality collodial silver and gold personal care products. [02:43.480 --> 02:47.160] It's the power of collodial silver with their silver shield deodorant and silver tongue [02:47.160 --> 02:48.440] oral disinfectant. [02:48.440 --> 02:53.640] Visit silverbotanicals.com for more information or buy their products at Brave New Books. [02:53.640 --> 02:57.640] This is the Liberty Beat for Friday, February 27, 2015. [02:57.640 --> 03:14.920] Check out the website at thelibertybeat.com. [03:14.920 --> 03:35.800] Check out the website at thelibertybeat.com for more information or buy their products [03:35.800 --> 03:38.800] at Brave New Books. [03:38.800 --> 04:02.680] Check out the website at thelibertybeat.com for more information or buy their products [04:02.680 --> 04:05.680] at Brave New Books. [04:05.680 --> 04:29.560] Check out the website at thelibertybeat.com for more information or buy their products [04:29.560 --> 04:32.560] at Brave New Books. [04:32.560 --> 04:35.760] Good evening ladies and gentlemen. [04:35.760 --> 04:37.940] Welcome to Friday, February... [04:37.940 --> 04:38.940] Cut. [04:38.940 --> 04:39.940] Take two. [04:39.940 --> 04:44.860] Welcome, ladies and gentlemen, and welcome to the Friday night... [04:44.860 --> 04:47.560] Where'd my thing go? [04:47.560 --> 04:48.560] There's my... [04:48.560 --> 04:49.560] Four-hour infomericals. [04:49.560 --> 04:54.020] Yes, I was looking for my calendar and it disappeared. [04:54.020 --> 04:59.440] Tonight is the 27th day of February, 2015, and you're listening to a very confused Steve [04:59.440 --> 05:00.440] Skidmore. [05:00.440 --> 05:04.200] background chattering away is Randy Kelton. [05:04.200 --> 05:10.480] And we will be taking calls tonight, but I'd like to start off with a case. [05:10.480 --> 05:14.280] Let me start off by dispelling some propaganda. [05:14.280 --> 05:17.480] Oh, there's propaganda out there? [05:17.480 --> 05:19.480] Vicious, vicious propaganda. [05:19.480 --> 05:20.480] Vicious propaganda. [05:20.480 --> 05:22.620] Oh, and the plot thickens. [05:22.620 --> 05:30.680] Those of you may have heard some of this propaganda put forth by foreigners. [05:30.680 --> 05:33.700] People from a foreign state. [05:33.700 --> 05:36.420] If you're not from Texas, you're a foreigner. [05:36.420 --> 05:46.920] And we have people out there putting out assertions that it gets cold in Texas. [05:46.920 --> 05:48.560] It never gets cold in Texas. [05:48.560 --> 05:54.080] Some people are saying that it snowed and got freezing rain and all that in the Dallas [05:54.080 --> 05:55.080] Fort Worth area. [05:55.080 --> 05:59.560] And I just wanted to dispel that notion that that's a bunch of jealous Yankees putting [05:59.560 --> 06:01.560] forth a bunch of Yankee propaganda. [06:01.560 --> 06:06.940] Well, Randy, I left the office around seven o'clock and there was some foreign substance [06:06.940 --> 06:12.120] on my windshield that obscured my vision and it took it a little while to, I decided to [06:12.120 --> 06:17.240] turn the heater on and it took it a while, but it all wiped away. [06:17.240 --> 06:20.400] I don't know, there's something weird going on with the rain today. [06:20.400 --> 06:23.920] There was some odd stuff on the highway when I drove home. [06:23.920 --> 06:25.040] Anomalies. [06:25.040 --> 06:26.040] It was an anomaly. [06:26.040 --> 06:28.200] Yeah, that's what they call that. [06:28.200 --> 06:31.120] It could not have been a sheet of solid ice. [06:31.120 --> 06:36.160] Oh no, not in Texas. [06:36.160 --> 06:41.200] Just so we got that handle, and Texans wouldn't lie about that either. [06:41.200 --> 06:49.820] For anybody up in the New England states where they've got like 45 feet of snow, our condolences, [06:49.820 --> 06:55.120] we are now down here in Texas, we are now feeling the pinch of winter when we should [06:55.120 --> 06:58.440] be feeling the breath of spring. [06:58.440 --> 07:00.240] I think we're in the last cold snap. [07:00.240 --> 07:07.640] I think, Randy, I think you and I will get in a truck and go up north and find this ground [07:07.640 --> 07:10.320] hog. [07:10.320 --> 07:17.080] And when we find that ground hog, we should grind him into small pieces and barbecue his [07:17.080 --> 07:22.480] behind and eat him. [07:22.480 --> 07:24.080] It's too cold up there. [07:24.080 --> 07:25.080] Yeah. [07:25.080 --> 07:26.640] Let's wait until, let's wait till mid-summer. [07:26.640 --> 07:27.640] Okay. [07:27.640 --> 07:31.440] Santiago V. Mackey. [07:31.440 --> 07:35.440] Santiago versus Mackey Wolf, Zients and Mann. [07:35.440 --> 07:39.680] Now we harp a lot here on Texas case law. [07:39.680 --> 07:41.560] This is Texas case law. [07:41.560 --> 07:51.000] However, the principles in this apply in every state. [07:51.000 --> 07:56.100] Now we've mentioned Santiago V. Mackey several times and I wanted to go back, I've had some [07:56.100 --> 08:06.280] discussion with some learned individuals in the profession who are of the opinion that [08:06.280 --> 08:14.200] Santiago V. Mackey, let me just set the scene real quick, Santiago files in Texas state [08:14.200 --> 08:16.200] court. [08:16.200 --> 08:21.160] The answer is a removal to the Fed, diversity jurisdiction. [08:21.160 --> 08:26.760] It was removed to the Fed by the attorneys, Mackey, Wolf, Zients and Mann, and they were [08:26.760 --> 08:29.000] representing, who were they representing? [08:29.000 --> 08:34.700] They were representing themselves in this specific instance, who they were representing [08:34.700 --> 08:37.880] in the trial court is really of no consequence. [08:37.880 --> 08:45.880] But once they got to the Fed, Santiago said, I would like to see the original instruments. [08:45.880 --> 08:48.960] If you have the authority, you should be able to produce them. [08:48.960 --> 08:49.960] Yes. [08:49.960 --> 08:50.960] UCC 3-501. [08:50.960 --> 08:51.960] Correct. [08:51.960 --> 09:02.240] If a debtor makes a presentment, which is a demand for payment to a, if a creditor makes [09:02.240 --> 09:09.800] a demand for payment to a debtor and the debtor demands to examine the original instrument [09:09.800 --> 09:16.840] on which the debt is supposedly based, the creditor is required to make the document [09:16.840 --> 09:20.920] available for inspection by the debtor. [09:20.920 --> 09:23.100] Correct. [09:23.100 --> 09:26.000] And that was the whole premise behind the show me the note thing. [09:26.000 --> 09:31.640] A lot of courts will say, oh, okay, you got the UCC on your side, cough it up. [09:31.640 --> 09:34.360] Well, it didn't even get that far. [09:34.360 --> 09:37.600] They demand, Santiago demanded to see it. [09:37.600 --> 09:41.640] Mackie Wolf said, well, come on down to the office. [09:41.640 --> 09:43.200] We'll put it right there in front of you. [09:43.200 --> 09:44.200] Well, okay. [09:44.200 --> 09:49.160] Santiago and his wife went down there to the, to Mackie Wolf's office and they were presented [09:49.160 --> 09:57.280] with a photostatic copy, not even a certified copy, just a photocopy and a photocopy by [09:57.280 --> 10:09.680] the way, not of the original instrument, but of a digital image that had been changed hands, [10:09.680 --> 10:14.960] I don't know how many times forwarded to God knows how many different investors. [10:14.960 --> 10:15.960] Okay. [10:15.960 --> 10:21.480] None of whom have filed an assignment or anything like that. [10:21.480 --> 10:29.520] But regardless, the point was that was not the original instrument. [10:29.520 --> 10:36.880] So Santiago filed a motion for leave to amend their pleading. [10:36.880 --> 10:38.200] Their motion was granted. [10:38.200 --> 10:45.000] When they came back and refiled, they had added Mackie Wolf, Zients and Mann PC as the [10:45.000 --> 10:49.320] foreclosure mill attorneys as defendants. [10:49.320 --> 10:56.640] Mackie Wolf severed this issue and remanded it back to the state court. [10:56.640 --> 11:06.780] Just this issue that they had with Santiago V. Mackie because they were added as defendants. [11:06.780 --> 11:12.200] They removed just the case against them back to state court. [11:12.200 --> 11:18.400] And the memorandum opinion is very interesting. [11:18.400 --> 11:31.840] It states that Luis and Linda Santiago sued several entities involved in their home equity [11:31.840 --> 11:32.840] loan. [11:32.840 --> 11:35.560] This was a home equity loan. [11:35.560 --> 11:47.280] Texas amongst several other states, Texas is one of many non-judicial foreclosure states. [11:47.280 --> 11:57.040] Any state that has a deed of trust, that is a lien theory state versus title theory state. [11:57.040 --> 11:59.960] If you're in a lien theory state, you have a deed of trust. [11:59.960 --> 12:05.520] That means that all these foreclosure mills need is a place to fence stolen property. [12:05.520 --> 12:08.720] They don't need to file suit to foreclose. [12:08.720 --> 12:19.880] However, if it is a home equity loan, that is a judicial process and requires the debt [12:19.880 --> 12:32.380] collector or the company, the collector of the debts to file for foreclosure in a court [12:32.380 --> 12:34.960] of competent jurisdiction. [12:34.960 --> 12:41.760] In title theory states, you would have a security instrument titled mortgage. [12:41.760 --> 12:47.600] And that in title theory states, they've got to take you to court. [12:47.600 --> 12:50.080] They've got to sue for the right to foreclose. [12:50.080 --> 13:03.760] So with all that said, in two issues, appellants, that is the Santiago's, contend the trial [13:03.760 --> 13:09.120] court erred in granting Mackie Wolfe's motion for summary judgment because one, the trial [13:09.120 --> 13:19.280] court granted summary judgment on an unplead affirmative defense, an unplead affirmative [13:19.280 --> 13:20.740] defense. [13:20.740 --> 13:26.000] We'll get to that affirmative defense in just a moment. [13:26.000 --> 13:34.520] And two, Mackie Wolfe is not entitled to attorney immunity on this record. [13:34.520 --> 13:41.040] They just gave up the affirmative defense that is or that was attorney immunity. [13:41.040 --> 13:47.680] We agree that Mackie Wolfe is not entitled to attorney immunity on this record and reverse [13:47.680 --> 13:52.200] and remand the trial court's judgment. [13:52.200 --> 13:57.440] We can skip over the background. [13:57.440 --> 14:02.840] Standard of review, applicable law, here we go. [14:02.840 --> 14:13.360] The Texas authorities, Texas law authorities, I'm sorry, cut, take three, Texas law authorizes [14:13.360 --> 14:22.840] attorneys to, quote, practice their profession, to advise their clients and to interpose any [14:22.840 --> 14:32.600] defense or supposed defense without making themselves liable for damage, end quote. [14:32.600 --> 14:39.220] That was from another, that was from Kruegel v. Murphy. [14:39.220 --> 14:45.640] This doctrine is often called, quote, attorney immunity. [14:45.640 --> 14:51.760] The purpose behind the rule is to allow an attorney to fulfill his duty and zealously [14:51.760 --> 15:01.400] represent his client within the bounds of law by fully taking advantage of a client's [15:01.400 --> 15:06.100] rights and defenses without the threat of liability. [15:06.100 --> 15:16.440] Let's go back to that very important little part there, within the bounds of law. [15:16.440 --> 15:28.920] Now for that, the court cites Brant, that's B-R-A, Brat, Brat, I guess, B-R-A-D-T versus [15:28.920 --> 15:29.920] West. [15:29.920 --> 15:36.600] That's B-R-A-D-T, I'm going to say Brat versus West. [15:36.600 --> 15:42.840] That was out of the first district in Houston in 1994. [15:42.840 --> 15:51.000] Within the bounds of law, and they cite this case, what does that tell us, folks? [15:51.000 --> 15:59.440] That tells us that it doesn't matter if an attorney files a frivolous pleading. [15:59.440 --> 16:08.840] He's acting within the duties of the discharge of his agreement with his client, or the discharge [16:08.840 --> 16:11.200] of his duties to his client. [16:11.200 --> 16:18.640] He can do anything that he thinks might bring his client remedy. [16:18.640 --> 16:23.160] That's why he took such an enormous amount of money from his client. [16:23.160 --> 16:31.720] What he is not allowed to do is step outside the bounds of law, period. [16:31.720 --> 16:36.160] So says this case, so says Brant v. West. [16:36.160 --> 16:40.000] I hear the music in the background, that means we'll be going to break. [16:40.000 --> 16:44.720] I'll wrap this up on the other side, folks, and then we'll open the phones and take your [16:44.720 --> 16:48.640] calls and see who has something to say. [16:48.640 --> 17:00.560] We'll be right back, stay tuned. [17:00.560 --> 17:05.160] Through advances in technology, our lives have greatly improved, except in the area [17:05.160 --> 17:06.600] of nutrition. [17:06.600 --> 17:11.320] People feed their pets better than they feed themselves, and it's time we changed all that. [17:11.320 --> 17:17.040] Our primary defense against aging and disease in this toxic environment is good nutrition. [17:17.040 --> 17:23.360] In a world where natural foods have been irradiated, adulterated, and mutilated, young Jevity can [17:23.360 --> 17:25.560] provide the nutrients you need. 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[18:49.800 --> 18:58.800] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt [18:58.800 --> 19:28.160] collectors now. [19:28.160 --> 19:36.440] Welcome back to Rule of Law Radio on this very brisk, very chilly Friday night, 27th [19:36.440 --> 19:39.360] day of February 2015. [19:39.360 --> 19:45.440] Now before we went out, I read a very important part here in the applicable law portion of [19:45.440 --> 19:47.400] Santiago V. Mackey. [19:47.400 --> 19:54.520] Keep in mind, folks, this is every state because every state has rules of ethics or what your [19:54.520 --> 20:02.240] state might call a code of criminal, a code of, I can't talk tonight, a code of professional [20:02.240 --> 20:05.680] conduct of some sort. [20:05.680 --> 20:11.840] Now in our code of professional conduct, when an attorney steps outside the bounds of law, [20:11.840 --> 20:21.840] oh my God, it's hard to count each and every one of these professional ethics this guy [20:21.840 --> 20:23.920] has breached. [20:23.920 --> 20:36.880] Now the argument that I walked into was one side says, no, Santiago V. Mackey is specific [20:36.880 --> 20:46.600] to the presentment of an original instrument or the failure to present such an instrument. [20:46.600 --> 20:48.760] Well, wait a minute, guys. [20:48.760 --> 20:50.080] Let's read this. [20:50.080 --> 20:57.880] Let me go back over this one line from applicable law, the purpose behind the rule, that is [20:57.880 --> 21:03.300] the rule of attorney immunity, the purpose behind the rule is to allow an attorney to [21:03.300 --> 21:10.080] fulfill his duty and zealously represent his client within the bounds of law by fully taking [21:10.080 --> 21:16.320] advantage of the client's rights and defenses without the threat of liability. [21:16.320 --> 21:22.360] Within the bounds of law, how many, Randy, what's the old saying? [21:22.360 --> 21:26.160] If a lawyer's lips are moving, he's doing what? [21:26.160 --> 21:28.840] He is committing aggravated perjury. [21:28.840 --> 21:29.840] Yes, he is. [21:29.840 --> 21:30.840] Or he's committing perjury. [21:30.840 --> 21:31.840] We can't say aggravated. [21:31.840 --> 21:34.920] It may not be aggravated, but he's committing perjury. [21:34.920 --> 21:37.400] Well, if he puts it in his pleading, it's aggravated. [21:37.400 --> 21:39.200] That's what I mean. [21:39.200 --> 21:47.120] If his lips are moving and he's just prevaricating, it may or may not be aggravated. [21:47.120 --> 21:52.720] And he's not aggravated when he says it, if he's nice and calm and cool and collected. [21:52.720 --> 21:54.760] Yeah. [21:54.760 --> 21:59.040] I keep on harping on something here and I'm going to harp on it a little bit more. [21:59.040 --> 22:03.080] Folks, it is legally impossible for an attorney to lie. [22:03.080 --> 22:07.440] Lying is something that we, you and I, we lay people, this is something that we do when [22:07.440 --> 22:11.680] we're amongst each other or behind others' backs. [22:11.680 --> 22:12.680] We lie. [22:12.680 --> 22:20.320] Attorneys, on the other hand, commit perjury, aggravated perjury depending on how it's presented, [22:20.320 --> 22:27.360] fraudulent misrepresentation of material facts, fraudulent misrepresentation of law. [22:27.360 --> 22:32.920] This is what an attorney does when he lies, what we call a lie. [22:32.920 --> 22:43.600] So since there's no penalty for lying, there are penalties for perjury, aggravated perjury, [22:43.600 --> 22:50.720] for fraudulent misrepresentation of facts, and there are corresponding ethics violations [22:50.720 --> 22:57.480] that go along with each and every one of these things and they are numerous. [22:57.480 --> 23:03.800] And they include failure to speak with candor to the court. [23:03.800 --> 23:07.840] Candor to the tribunal rule 3.03, I believe. [23:07.840 --> 23:12.160] Is that right, Randy? [23:12.160 --> 23:13.160] Could be. [23:13.160 --> 23:14.160] I don't have that one memorized. [23:14.160 --> 23:18.160] I believe it's 3.03. [23:18.160 --> 23:23.920] But that would go for the ABA or the Texas Bar and more than likely you're going to find [23:23.920 --> 23:31.280] that in section three of any state's professional ethics code. [23:31.280 --> 23:34.080] So the argument here... [23:34.080 --> 23:38.240] Let me explain that briefly and quickly. [23:38.240 --> 23:47.560] The feds, the American Bar Association, produced a set of model standards and asked all of [23:47.560 --> 23:55.120] the states to adopt those standards so that you would have a uniform set of standards. [23:55.120 --> 24:00.440] And most of the states did adopt it and they adopt the uniform standards and then they [24:00.440 --> 24:03.200] make adjustments to it. [24:03.200 --> 24:12.000] And that way, if you want to understand what's improper conduct by a lawyer, if you read [24:12.000 --> 24:17.680] the federal model standards, you pretty well got it for all of the states. [24:17.680 --> 24:21.600] And in the federal model standards, that's rule 3.3. [24:21.600 --> 24:25.720] In Texas, it's rule 3-03. [24:25.720 --> 24:32.560] In other states, you're going to find it in chapter three of the code. [24:32.560 --> 24:37.520] Yeah, ABA rule 3.3, candor toward the tribunal. [24:37.520 --> 24:43.240] It means you can't lie, guys. [24:43.240 --> 24:44.240] Sorry. [24:44.240 --> 24:51.960] But I'll tell you what, folks, when these falsehoods are either drafted into pleadings [24:51.960 --> 24:58.640] or when they fall from the lips of living attorneys in court, you can smack the living [24:58.640 --> 25:04.120] daylights out of them with this stuff. [25:04.120 --> 25:06.200] You mentioned... [25:06.200 --> 25:10.840] Do yourself a favor, go to the courthouse one day, just to court watch, and walk up [25:10.840 --> 25:18.520] to a suit and ask them, can you tell me a little bit about this candor toward the tribunal [25:18.520 --> 25:19.520] thing? [25:19.520 --> 25:20.860] I'm trying to learn a little bit about you. [25:20.860 --> 25:24.360] They will turn white as a sheet and disappear. [25:24.360 --> 25:26.980] It won't even be a cloud of dust. [25:26.980 --> 25:30.000] They're just gone. [25:30.000 --> 25:32.200] They don't want to talk to you. [25:32.200 --> 25:33.740] Why? [25:33.740 --> 25:40.320] Because that's something that can take their living away from them. [25:40.320 --> 25:45.740] You show something egregious enough to prove to the bar that an attorney is not worthy [25:45.740 --> 25:51.360] of his membership to the bar, he's gone. [25:51.360 --> 25:58.960] Well, we would like to think that, but the bar really turns out to be a public relations [25:58.960 --> 26:02.000] agency for the lawyers. [26:02.000 --> 26:03.000] For their membership. [26:03.000 --> 26:04.000] Yes, absolutely. [26:04.000 --> 26:09.320] It's because their membership is paying them absorbent fees to be a member. [26:09.320 --> 26:16.760] They will only take action against someone if he's annoyed a person of high political [26:16.760 --> 26:19.840] standards or someone with a lot of money. [26:19.840 --> 26:29.080] However, with that said, if you do file a grievance against an attorney, while the bar [26:29.080 --> 26:33.960] won't do anything, their insurance carrier will. [26:33.960 --> 26:36.120] If they have the insurance. [26:36.120 --> 26:44.100] Well, it also puts a negative mark on their record. [26:44.100 --> 26:49.560] If you're a lawyer and you want to join a law firm and become maybe a partner in a law [26:49.560 --> 26:58.160] firm, and they check your record and they find three or four bar grievances, you are [26:58.160 --> 27:02.760] an unacceptable risk. [27:02.760 --> 27:10.040] It's just like for you, if the police do a criminal history and they find that you have [27:10.040 --> 27:16.120] been accused of crimes several times, even if all of the cases have been dismissed, it [27:16.120 --> 27:18.120] still stains you. [27:18.120 --> 27:20.440] It's a stigma. [27:20.440 --> 27:23.920] Bar grievances stain them. [27:23.920 --> 27:30.120] Your conduct complaints, they stain the judge, they never go away. [27:30.120 --> 27:37.000] So you and I as private citizens, it's our duty to sting them good. [27:37.000 --> 27:41.400] That's the only way we can keep our houses of law clean. [27:41.400 --> 27:51.720] When attorneys step before the bar and they speak falsehoods, knowing them to be false, [27:51.720 --> 27:59.440] knowing them to be false, intending for the court to believe that they are in fact true, [27:59.440 --> 28:05.080] that compromises the integrity of the entire court and legal system. [28:05.080 --> 28:07.080] That's our court. [28:07.080 --> 28:09.820] That's our legal system. [28:09.820 --> 28:14.920] It's our responsibility to keep it clean. [28:14.920 --> 28:20.760] So that means that sometimes we may have to stop the war to go to battle. [28:20.760 --> 28:23.200] Get a sidebar issue going here. [28:23.200 --> 28:31.280] If an attorney representing a bank lies in court, hold him accountable for it. [28:31.280 --> 28:39.800] To every extent legally possible, hold him accountable for it. [28:39.800 --> 28:41.800] That's the only way we fix the system. [28:41.800 --> 28:42.800] Absolutely. [28:42.800 --> 28:47.000] That's what legal reform is all about, pressure. [28:47.000 --> 28:55.080] This particular case gives us extra leverage in getting that done because it's not really [28:55.080 --> 29:03.040] about showing the plaintiff a fraudulent document. [29:03.040 --> 29:06.160] That's secondary. [29:06.160 --> 29:15.020] The opinion was about a lawyer acting within the bounds of law. [29:15.020 --> 29:22.240] So if he violates any of the laws relating to his office, then he's liable. [29:22.240 --> 29:30.960] We should not narrow the scope of this particular opinion beyond the intent of the courts when [29:30.960 --> 29:35.240] they issue the opinion. [29:35.240 --> 29:37.320] That's my story and I'm sticking to it. [29:37.320 --> 29:38.320] Cool. [29:38.320 --> 29:39.320] We'll accept it. [29:39.320 --> 29:46.520] On the other side of this break, I'd like to dig a little deeper in here and bring out [29:46.520 --> 29:55.400] this affirmative defense that Mackie Wolfe apparently failed to plead, 512-646-1984. [29:55.400 --> 29:56.400] Dial it and you'll get online. [29:56.400 --> 29:57.400] If you're listening to the rule of law, we'll be right back. [29:57.400 --> 29:58.400] Beware the photocopier. [29:58.400 --> 30:07.400] It could be reading, recording, and even passing judgments on the documents you copied. [30:07.400 --> 30:11.440] I'm Dr. Catherine Albrecht and I'll be back in just a moment to tell you about new Big [30:11.440 --> 30:15.600] Brother office equipment that could be monitoring your every word. [30:15.600 --> 30:20.920] Your search engine is watching you, recording all your searches and creating a massive database [30:20.920 --> 30:23.000] of your personal information. [30:23.000 --> 30:24.000] That's creepy. [30:24.000 --> 30:26.000] But it doesn't have to be that way. [30:26.000 --> 30:29.120] Startpage.com is the world's most private search engine. [30:29.120 --> 30:33.240] Startpage doesn't store your IP address, make a record of your searches or use tracking [30:33.240 --> 30:35.520] cookies and they're third-party certified. [30:35.520 --> 30:40.000] If you don't like Big Brother spying on you, start over with Startpage. [30:40.000 --> 30:42.840] Great search results and total privacy. [30:42.840 --> 30:45.840] Startpage.com, the world's most private search engine. [30:45.840 --> 30:47.640] The copy machine is broken. [30:47.640 --> 30:48.640] Or is it? [30:48.640 --> 30:51.160] Perhaps it just doesn't approve of what you want to copy. [30:51.160 --> 30:55.800] Canon is rolling out Big Brother copiers, printers, and scanners with OCR capability [30:55.800 --> 30:58.480] that actually read the documents they process. [30:58.480 --> 30:59.480] Press all the buttons you like. [30:59.480 --> 31:02.880] If those machines spy forbidden words, they won't print. [31:02.880 --> 31:07.280] Canon's new printer lineup also tattles, their machines can secretly record documents [31:07.280 --> 31:09.440] and email them to their masters. [31:09.440 --> 31:14.880] When linked with user IDs, detailed digital dossiers could catalog everything you print. [31:14.880 --> 31:19.040] These systems are geared for office use, but if we don't say, I'll know now, they could [31:19.040 --> 31:23.680] easily find their way into libraries, local copy shops, and even our own homes. [31:23.680 --> 31:25.760] I'm Dr. Catherine Albrecht. [31:25.760 --> 31:30.880] More news and information at CatherineAlbrecht.com. [31:30.880 --> 31:35.240] Did you know there are three million edible food plants on earth, and none have the nutritional [31:35.240 --> 31:36.920] value of the hemp plant? [31:36.920 --> 31:39.520] HempUSA.org offers you hemp protein powder. [31:39.520 --> 31:45.360] It does not contain chemicals or THC, is non-GMO, and is 100% gluten free. [31:45.360 --> 31:50.520] Hemp protein powder burns fat, builds muscle, contains 53% protein, and feeds the body the [31:50.520 --> 31:51.920] nutrients it needs. [31:51.920 --> 32:02.520] Call 888-910-4367 and see what our powder, seeds, and oil can do for you, only at HempUSA.org. [32:02.520 --> 32:05.280] Rule of Law Radio is proud to offer the rule of law traffic seminar. [32:05.280 --> 32:09.120] In today's America, we live in an us-against-them society, and if we the people are ever going [32:09.120 --> 32:13.080] to have a free society, then we're going to have to stand and defend our own rights. [32:13.080 --> 32:16.280] Among those rights are the right to travel freely from place to place, the right to act [32:16.280 --> 32:20.320] in our own private capacity, and most importantly, the right to due process of law. [32:20.320 --> 32:24.560] The courts afford us the least expensive opportunity to learn how to enforce and preserve our rights [32:24.560 --> 32:25.560] through due process. [32:25.560 --> 32:29.520] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the [32:29.520 --> 32:33.320] most comprehensive teaching tool available that will help you understand what due process [32:33.320 --> 32:35.680] is and how to hold the courts to the rule of law. [32:35.680 --> 32:39.720] You can get your own copy of this invaluable material by going to ruleoflawradio.com and [32:39.720 --> 32:41.040] ordering your copy today. [32:41.040 --> 32:44.240] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, [32:44.240 --> 32:48.780] The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research [32:48.780 --> 32:51.080] documents and other useful resource material. [32:51.080 --> 32:55.040] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [32:55.040 --> 32:59.880] Order your copy today, and together we can have the free society we all want and deserve. [32:59.880 --> 33:09.680] You're listening to the Logos Radio Network at logosradionetwork.com. [33:09.680 --> 33:24.120] Yeah, I got a warrant, and I'm gonna serve them, to the hell government them, prosecute [33:24.120 --> 33:25.120] them. [33:25.120 --> 33:26.120] Okay. [33:26.120 --> 33:42.040] Welcome back to Rule of Law Radio, folks. [33:42.040 --> 33:49.480] 512-646-1984, and I see we've got an unscreened call from somewhere in New York. [33:49.480 --> 33:54.200] We'll come to you once we figure out who you are and what you want. [33:54.200 --> 34:03.360] But anyway, in the meantime, Randy, I think you would agree with me when I say that this [34:03.360 --> 34:12.640] one single portion of the paragraph, where an attorney might think that, okay, the scope [34:12.640 --> 34:19.440] of this is very narrow and to specifically the presentment or fraudulent presentment [34:19.440 --> 34:25.720] of an instrument, as where in the applicable law portion, that statement right there within [34:25.720 --> 34:32.520] the bounds of law, my argument is that it blows the lid wide open. [34:32.520 --> 34:40.960] It expands the scope of this decision exponentially. [34:40.960 --> 34:49.120] There's nothing in the language of this case that could give a reasonable person cause [34:49.120 --> 34:57.480] to believe that the court intended the scope of the decision to be narrowed to the presentation [34:57.480 --> 34:59.720] of a fraudulent document. [34:59.720 --> 35:06.280] Because it really, in the opinion, it doesn't say anything about a fraudulent document. [35:06.280 --> 35:15.720] It says about acting within the bounds of law, and it merely, the fact that they presented [35:15.720 --> 35:25.640] a fraudulent document is just incidental in that it invokes the bounds of law and not [35:25.640 --> 35:29.480] that it is somehow representative of the opinion. [35:29.480 --> 35:32.040] Did that make sense? [35:32.040 --> 35:33.320] It made perfect sense. [35:33.320 --> 35:43.160] Well, I wanted to get into this affirmative defense that was not fled out, but the importance [35:43.160 --> 35:59.080] of this one singular defense was devastating to Mackie Wolfe's argument. [35:59.080 --> 36:05.200] Let me just read this from the applicable law, or applicable law if you're north of [36:05.200 --> 36:06.200] the Mason-Dixon. [36:06.200 --> 36:12.160] Let me start over here and just go through this whole section here. [36:12.160 --> 36:18.520] Texas law authorizes, as do many other states, Texas law authorizes attorneys to practice [36:18.520 --> 36:25.040] their profession and to advise their clients and to interpose any defense or supposed defense [36:25.040 --> 36:28.680] without making themselves liable for damages. [36:28.680 --> 36:34.840] This doctrine is often termed, quote, attorney immunity, end quote. [36:34.840 --> 36:40.400] The purpose behind the rule is to allow an attorney to fulfill his duty and zealously [36:40.400 --> 36:48.640] represent his client within the bounds of law by fully taking advantage of the client's [36:48.640 --> 36:53.320] rights and defenses without the threat of liability. [36:53.320 --> 37:00.640] It recognizes that the public has an important interest in the, quote, loyalty, faithful [37:00.640 --> 37:07.920] and aggressive representation by the legal profession, end quote. [37:07.920 --> 37:14.520] And if an attorney could be held liable for the statements made or actions taken in the [37:14.520 --> 37:20.760] course of representing a client, he would be forced to balance his client's potential [37:20.760 --> 37:25.480] exposure against the client's best interest. [37:25.480 --> 37:35.120] Therefore, an attorney's conduct, even if frivolous or without merit, is not actionable [37:35.120 --> 37:43.040] as long as the conduct was part of the discharge of the lawyer's duty in representing his or [37:43.040 --> 37:44.040] her client. [37:44.040 --> 37:45.040] Okay. [37:45.040 --> 37:46.040] Hang on just a second. [37:46.040 --> 37:49.600] Let me back up just, you misread slightly. [37:49.600 --> 37:52.360] Well, I'm sorry? [37:52.360 --> 37:53.360] It was critical. [37:53.360 --> 37:54.360] Okay. [37:54.360 --> 37:59.480] He said he would be forced to balance his client's potential exposure. [37:59.480 --> 38:07.400] Actually, he would be forced to balance his own potential exposure against the client's [38:07.400 --> 38:09.320] best interest. [38:09.320 --> 38:13.400] And that's the one thing they absolutely want to avoid. [38:13.400 --> 38:19.680] We talk about that when we talk about the politics, the real world politics of what [38:19.680 --> 38:27.040] a lawyer has to deal with, he's not going to actively adjudicate your rights if in so [38:27.040 --> 38:30.200] doing he's going to annoy the judge. [38:30.200 --> 38:35.760] And this is exactly the dynamic that we want above all to avoid. [38:35.760 --> 38:36.760] Okay. [38:36.760 --> 38:40.880] I just didn't want that to be misconstrued. [38:40.880 --> 38:46.080] Well, I'm glad you brought that up because I went right over it and didn't notice. [38:46.080 --> 38:47.080] Glad you caught that. [38:47.080 --> 38:48.080] Okay. [38:48.080 --> 38:56.000] To pick up, however, a lawyer's protection from liability claims arising out of the representation [38:56.000 --> 38:59.680] of his client is not without limits. [38:59.680 --> 39:06.480] Texas courts have recognized exceptions to the attorney immunity defense based on an [39:06.480 --> 39:13.600] attorney's fraudulent or malicious conduct, even if the attorney's conduct was in the [39:13.600 --> 39:17.880] course of representing his client. [39:17.880 --> 39:25.560] An attorney can be held liable by the third party for actions that are not a part of the [39:25.560 --> 39:32.560] discharge of his duties to his client. [39:32.560 --> 39:46.440] Probably misrepresenting material facts fraudulently, a fraudulent presentment. [39:46.440 --> 39:48.600] These are all actionable. [39:48.600 --> 39:54.600] Now, let me go on just a little bit more because there's more very important stuff down here. [39:54.600 --> 40:00.600] As such, an attorney's actions on behalf of their clients are not shielded from liability [40:00.600 --> 40:09.560] their clients shielded from liability for their fraudulent conduct because fraudulent [40:09.560 --> 40:18.960] acts are entirely, quote, foreign to the duties of an attorney, end quote. [40:18.960 --> 40:24.680] Breaking the law is foreign to the duties of an attorney. [40:24.680 --> 40:31.520] Lying is foreign to the duties of an attorney. [40:31.520 --> 40:36.960] Well, it may not be foreign to the practice. [40:36.960 --> 40:42.200] It may not be, no, it's rather familiar to their practice, unfortunately. [40:42.200 --> 40:50.080] Furthermore, an attorney is also liable if he knowingly enters into a conspiracy to defraud [40:50.080 --> 40:55.720] the third party in the course of representing his client. [40:55.720 --> 40:58.200] Pause right there. [40:58.200 --> 41:07.880] Randy, how many people or whatever, how many does it take to constitute a conspiracy? [41:07.880 --> 41:09.480] Two or more. [41:09.480 --> 41:12.040] Two or more. [41:12.040 --> 41:21.680] So this attorney that fraudulently misrepresented, where was he getting his marching orders? [41:21.680 --> 41:23.680] Was he working alone? [41:23.680 --> 41:27.080] We don't necessarily know here. [41:27.080 --> 41:36.960] We would assume that he was given this document and his client agreed with him that he should [41:36.960 --> 41:40.200] present this document, but that's not something we could know. [41:40.200 --> 41:42.640] He could have actually done this on his own. [41:42.640 --> 41:51.120] He very well could, but if there are two attorneys in there representing the same client, and [41:51.120 --> 41:56.920] there often is when you get down to really fighting hardcore, they will sometimes bring [41:56.920 --> 41:58.760] more than one attorney in. [41:58.760 --> 42:03.440] I know of several hearings where I faced two attorneys. [42:03.440 --> 42:14.880] Okay, go back to the standards of professional conduct, and they require that an attorney [42:14.880 --> 42:19.760] who is associated with a law firm, if a member of the law firm misrepresents the law of the [42:19.760 --> 42:29.880] court, this attorney is required to go to the law firm and request that they correct [42:29.880 --> 42:30.880] the error. [42:30.880 --> 42:35.120] If they do not, he's required to go to the court and give the court notice. [42:35.120 --> 42:47.160] So if he does not, then it may be construed that since he breached a standard of conduct, [42:47.160 --> 42:55.820] that he breached that standard with full knowledge of his action as, whether he has actual knowledge [42:55.820 --> 43:02.440] of the standard or not, he has imputed knowledge, and therefore it must be construed that he [43:02.440 --> 43:11.760] acted willfully and with mens reis, mens reis culpable intent. [43:11.760 --> 43:23.520] Yes, mens reis being an essential element of any criminal accusation. [43:23.520 --> 43:29.320] But to wrap this up, I think I can get this done here in just the next minute or so. [43:29.320 --> 43:35.480] Furthermore, an attorney is also liable if he knowingly enters, I already read that, [43:35.480 --> 43:43.480] enters into a conspiracy, I hear the music in the background, and under certain circumstances, [43:43.480 --> 43:51.160] attorneys may also be liable to a third party for other torts, such as negligent misrepresentation. [43:51.160 --> 44:00.800] Despite the absence of their general negligence, duty to non-clients, 512-646-1984 will be. [44:00.800 --> 44:07.760] Hello, my name is Stuart Smith from naturespureorganics.com, and I would like to invite you to come by [44:07.760 --> 44:12.720] our store at 1904 Guadalupe Street, Suite D here in Austin, Texas, behind Brave New [44:12.720 --> 44:16.560] Books and Chase Bank to see all our fantastic health and wellness products with your very [44:16.560 --> 44:17.560] own eyes. [44:17.560 --> 44:22.480] Have a look at our Miracle Healing Clay that started our adventure in alternative medicine. [44:22.480 --> 44:26.480] Take a peek at some of our other wonderful products, including our Australian E-Me oil, [44:26.480 --> 44:30.240] lotion candles, olive oil soaps, and colloidal silver and gold. [44:30.240 --> 44:43.040] Call 512-264-4043 or find us online at naturespureorganics.com, that's 512-264-4043, naturespureorganics.com. [44:43.040 --> 44:47.360] Don't forget to like us on Facebook for information on events and our products. [44:47.360 --> 44:48.360] Naturespureorganics.com. [45:17.380 --> 45:18.640] lawyers should be doing. [45:18.640 --> 45:22.600] If you don't have a lawyer, know what you should do for yourself. [45:22.600 --> 45:27.840] Thousands have won with our step by step course, and now you can too. [45:27.840 --> 45:34.060] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [45:34.060 --> 45:39.120] Even if you're not in a lawsuit, you can learn what everyone should understand about the [45:39.120 --> 45:43.180] principles and practices that control our American courts. [45:43.180 --> 45:49.420] you'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [45:49.420 --> 45:56.220] pro se tactics, and much more. Please visit ruleoflawradio.com and click on the banner [45:56.220 --> 46:14.540] or call toll-free 866-LAW-EASY. [46:14.540 --> 46:28.700] oh always i must be careful what i'm wishing for [46:30.060 --> 46:38.060] when i'm hungry i like to know just what i'm fishing for i ain't asking for much i ain't [46:38.060 --> 46:48.140] trying to be no blood i'm just here making my living pushing buttons i give my message [46:51.260 --> 46:56.540] welcome back to rule of law radio folks i'm gonna go over that last sentence a little slower this [46:56.540 --> 47:03.340] time i tried to cut out uh quick on the break under certain circumstances attorneys may also [47:03.340 --> 47:11.580] be liable to a third party for other torts such as negligent misrepresentation despite the absence [47:11.580 --> 47:18.860] of the general negligence duty to non-clients i would also add fraudulent misrepresentation [47:19.660 --> 47:23.820] negligent misrepresentation and fraudulent misrepresentation are two different things [47:23.820 --> 47:28.620] negligence means that you just didn't look into the issue before you open your mouth fraudulent [47:28.620 --> 47:35.340] means you looked into the issue knew it to be wrong but thought ah they'll never know okay hold on [47:37.020 --> 47:47.020] i as a pro se can commit negligent misrepresentation yes but i don't think a lawyer can no [47:48.060 --> 47:55.020] he's had yeah he has a different responsibility what he has a duty to speak with candor to the [47:55.020 --> 48:02.060] court so when he stands before the court and makes a proactive statement of fact [48:03.260 --> 48:11.660] he has a duty to have investigated into those facts i can't remember the case offhand but [48:12.460 --> 48:20.460] i have seen case law that said that a lawyer is held to a higher standard [48:20.460 --> 48:31.900] court that when he he cannot accept the veracity of his client he must investigate into the facts [48:31.900 --> 48:38.540] himself before he presents them to the court so he can't come to the court and say oh well that's [48:38.540 --> 48:49.420] what my client told me or that's what i thought it was he has a duty to investigate so while a [48:49.420 --> 48:59.260] a ordinary witness may state an opinion as if it were a fact because they honestly thought it was [48:59.260 --> 49:07.580] but had not done the requisite investigation lawyer can't do that and when a lawyer comes [49:07.580 --> 49:23.660] before the court and represents that his client jp morgan chase has capacity to enforce a deed [49:23.660 --> 49:37.740] of trust that names washington mutual bank as the beneficiary of the confessed judgment or the [49:37.740 --> 49:45.660] privileges granted in the deed of trust he has a duty before making those statements to ensure [49:45.660 --> 49:56.620] that jp morgan chase has legal capacity to make the claim and in every single case i have looked at [49:58.060 --> 50:09.820] nowhere did washington mutual transfer their claim to jp morgan chase and therefore according to the [50:09.820 --> 50:22.140] public record regardless of what holder status jp morgan chase may actually have a lawyer may [50:22.140 --> 50:30.140] not come before the court and claim that his client has the capacity to enforce the claim [50:30.140 --> 50:41.420] without the requisite filing as required by dex's property code 13.001 the claim that jp morgan may [50:41.420 --> 50:50.300] or may not have is void as to the holder the lawyer comes in and claims he has this capacity [50:50.300 --> 50:57.260] he does not have this capacity the lawyer can't then stand back and say oh my goodness i was [50:57.260 --> 51:10.700] misinformed you can't make that claim i may be able to make that claim as a good faith reliance [51:10.700 --> 51:20.220] on competent authority but a lawyer can't do that so that's why a lawyer pays 1500 to 2500 [51:20.220 --> 51:27.980] dollars a month for lexus or westlaw so that's why he pays tools at their at their disposal to do [51:27.980 --> 51:32.620] their research to check out their client's claim to make sure that they know that they're not [51:32.620 --> 51:39.740] presenting something fraudulent or negligently before the court yeah and that's why he pays [51:39.740 --> 51:52.060] 150 to 170 thousand dollars for a legal education yes yes as where the pro se hasn't well you you [51:52.060 --> 51:58.220] about kick that horse to death randy i think so okay i just wanted to wrap this up real quick i [51:58.220 --> 52:06.620] got one more sentence here thus if the only grounds for summary judgment is attorney uh uh [52:06.620 --> 52:12.780] the only grounds for summary judgment is attorney immunity and the plaintiff alleges claims that [52:12.780 --> 52:19.740] could arguably involve fraudulent conduct the trial court should deny the motion for summary [52:19.740 --> 52:26.780] judgment based on attorney immunity as to those claims now let's expand that [52:26.780 --> 52:36.940] this is correct well this this decision covered only the summary judgment and if the only grounds [52:36.940 --> 52:45.420] for the uh for the summary judgment was attorney immunity you can apply that to any thing if that [52:45.420 --> 52:55.420] attorney if the attorney if the attorney is the attorney you can apply that to anything if that [52:55.420 --> 53:08.220] attorney is pleading the affirmative defense of attorney immunity this thing can be applied to [53:08.220 --> 53:20.540] anything that attorney does not just in as grounds for uh a summary judgment i don't care what stage [53:20.540 --> 53:26.940] you're in yeah that was a part i wanted to stipulate when steve referenced to the summary [53:26.940 --> 53:33.820] judgment if you sue a lawyer he's going to move for summary dismissal of the case and that's what [53:33.820 --> 53:40.700] he was referring to here as to the lawyer himself right summary judgment being a dispositive motion [53:41.500 --> 53:48.140] it would dispose of the trial but now keep in mind here that if it's specific to summary judgments [53:48.140 --> 53:52.380] if you prevail in summary judgment it doesn't mean that it's over it just means that you get [53:52.380 --> 53:58.300] to go to trial on the merits and that's where you want to be no no wait a minute wait a minute [53:58.300 --> 54:04.620] it depends on that what the summary judgment is asking here in this context in this context the [54:04.620 --> 54:13.740] lawyer is asking the court to summarily dismiss the claim against him because he has immunity [54:13.740 --> 54:24.300] and what this last sentence says is if it okay ground for summary judgment attorney and and the [54:24.300 --> 54:32.060] plaintiff alleges claims that could arguably involve fraudulent conduct that's enough yes [54:32.060 --> 54:41.980] that goes to prima facie if if i make a claim before the court the court will accept it on [54:41.980 --> 54:50.060] its face unless it's challenged once it's challenged and in order to challenge it you must [54:50.060 --> 55:00.380] bring some evidence to indicate that it could possibly not be true then yeah mackey wolf didn't [55:00.380 --> 55:06.540] do that in this case right on the face they did they didn't even say hey we didn't do that [55:06.540 --> 55:11.100] they may as well have said well yeah we did it you just can't sue us yeah that's kind of what [55:11.100 --> 55:18.300] they said but if you just bring if you just bring something that that raises the possibility [55:18.300 --> 55:27.020] of an argument you've changed prima facie on on the face of it now the court must presume [55:27.020 --> 55:32.700] that your statement is not accurate and the duty to prove it up goes to the other side and that's [55:32.700 --> 55:38.620] what he's saying here you can defeat a summary judgment just by bringing up an arguable issue [55:40.620 --> 55:51.180] and i think i beat that to death okay well that's going to yeah that's going to wrap it up for me on [55:51.180 --> 55:57.020] santiago v mackey but i'd like to stress again that folks just because this is a texas case does [55:57.020 --> 56:03.100] not in any way mean that it does not apply in any other state it applies in all 50 states i don't [56:03.100 --> 56:09.980] care where this guy got his bar card he's not allowed to lie he's not allowed to to present [56:09.980 --> 56:15.500] things to the court and say oh well your honor wink wink nod no they know wink wink nod nod [56:15.500 --> 56:22.860] it's either real or it's either live or it's memorax it better be live so speaking alive i [56:22.860 --> 56:29.180] understand that there are a few people still alive in new york and i think bill might be one of them [56:29.180 --> 56:37.580] bill you still breathing up there is it too cold yes i am yes sir oh yeah oh yeah ouch i don't envy [56:37.580 --> 56:45.740] you brother not a bit i hate the cold weather yeah listen you know this is you know as the new york [56:45.740 --> 56:53.100] has is good and is bad so you know it's a necessary evil bill we're having a little trouble understanding [56:53.100 --> 56:59.500] you can you back the mic away from your mouth a little bit all right um how's this a little better [57:00.460 --> 57:06.140] a little better yeah for much more interesting when i can do what i have a problem with this um [57:06.140 --> 57:13.660] air piece how's that alone how's that better that's the i think we can live with that you got a minute [57:13.660 --> 57:18.380] and 30 seconds before we go to break what's on your mind yeah okay the question is it's funny [57:18.380 --> 57:25.020] that you're speaking about uh why moving chase now what happens now when a attorney does and they [57:25.020 --> 57:34.700] know well that um chase didn't acquire anything from why move and they are forcibly you know um [57:34.700 --> 57:41.980] you know going through with the case as if this is um they have a legitimate claim the bank has a [57:41.980 --> 57:47.740] claim the bank has a legitimate claim so and you try and then now you want to bring this um [57:48.460 --> 57:51.900] should you also now bring a uh suit against the attorney [57:54.620 --> 58:00.220] that's a good question let's address that on the other side of this break i hear the music in the [58:00.220 --> 58:05.820] background okay uh we've got a little a little bit before we go to break so let me bill let me make [58:05.820 --> 58:13.900] sure i got your your uh question right you're asking can you go after the attorneys for [58:13.900 --> 58:24.540] presenting the presumed fact that uh there was a a lawful and presentable transfer from wa mu [58:24.540 --> 58:32.540] to chase is that correct that's right and an attorney knowingly and just willfully going forward [58:32.540 --> 58:40.380] with uh trying to you know um you know proceeding with the foreclosure okay good deal we'll stay [58:40.380 --> 58:44.700] there and we'll be we'll address that on the other side of the break we're we're at the top [58:44.700 --> 58:51.980] of the hour so we'll be back right after the news stay tuned would you like to make more definite [58:51.980 --> 58:58.780] progress in your walk with god bibles for america is offering a free study bible and a set of free [58:58.780 --> 59:03.260] christian books that can really help the new testament recovery version is one of the most [59:03.260 --> 59:09.020] comprehensive study bibles available today it's an accurate translation and it contains thousands [59:09.020 --> 59:14.300] of footnotes that will help you to know god and to know the meaning of life the free books are [59:14.300 --> 59:20.300] a three volume set called basic elements of the christian life chapter by chapter basic elements [59:20.300 --> 59:26.780] of the christian life clearly presents god's plan of salvation growing in christ and how to build up [59:26.780 --> 59:32.460] the church to order your free new testament recovery version and basic elements of the [59:32.460 --> 59:45.820] christian life call bibles for america toll-free at 888-551-0102 that's 888-551-0102 or visit us [59:45.820 --> 59:57.100] online at bfa.org live free speech radio logos radio network.com [01:00:02.940 --> 01:00:07.740] this is the liberty beat your daily source for liberty news and activist updates online at the [01:00:07.740 --> 01:00:13.820] liberty beat.com i'm brian hagen with your liberty beat for friday february 27 2015 [01:00:13.820 --> 01:00:21.180] gold is trading at $1,210 silver is $16.59 and bitcoin is trading around $251.47 [01:00:21.900 --> 01:00:27.340] today's bitcoin price brought to you by express coin the fastest most reliable way to buy bitcoin [01:00:27.340 --> 01:00:32.460] buy bitcoin today at expresscoin.com support for the liberty beat comes from the texas bitcoin [01:00:32.460 --> 01:00:38.540] conference march 28th and 29th at acl live at the moody theater join scores of bitcoin experts and [01:00:38.540 --> 01:00:44.380] enthusiasts from around the world for talks networking and a million dollar bitcoin 2.0 hackathon [01:00:44.380 --> 01:00:51.500] tickets on sale now at texas bitcoin conference.com in the news the washington times calls it a landmark [01:00:51.500 --> 01:00:57.420] decision that follows thursday's fcc approval of net neutrality which gives the federal government [01:00:57.420 --> 01:01:03.500] a major role in oversight of internet traffic critics decry the move as a gateway into government [01:01:03.500 --> 01:01:12.380] oversight of the entire internet the defense advanced research projects agency commonly known [01:01:12.380 --> 01:01:18.220] as DARPA is close to completing an advanced voice recognition program the agency is in the third [01:01:18.220 --> 01:01:23.660] phase of the robust automatic transcription of speech rats program which is capable of [01:01:23.660 --> 01:01:28.780] deciphering human voices even when background noise renders the conversation inaudible [01:01:28.780 --> 01:01:33.180] in honor of the launch of the new and improved sovereignliving.com each day this week the liberty [01:01:33.180 --> 01:01:38.700] beat is bringing you a simple survival tip that just might save your life with today's tip here's [01:01:38.700 --> 01:01:43.820] john bush have a bug out plan you never know when a crisis could occur some disasters could be so [01:01:43.820 --> 01:01:48.140] severe that you and your family need to leave your home immediately it's important that you have a [01:01:48.140 --> 01:01:53.180] plan as to where you are going to go should you need to vacate your home also if your family or [01:01:53.180 --> 01:01:58.380] bug out group members are not in the same place we're going to have a plan for you to go to your [01:01:58.380 --> 01:02:02.460] place when your crew decides it's time to get the heck out of dodge it's important to have a [01:02:02.460 --> 01:02:06.620] predetermined meeting place so everyone is on the same page and knows where to go make sure your [01:02:06.620 --> 01:02:11.580] plan takes into account what the environment 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shield deodorant and silver tongue oral disinfectant visit silverbotanicals.com [01:02:49.900 --> 01:02:55.020] for more information or buy their products at brave new books this is the liberty beat for [01:02:55.020 --> 01:02:59.740] friday february 27 2015 check out the website at thelibertybeat.com [01:03:25.900 --> 01:03:27.740] hmm [01:03:34.620 --> 01:03:39.180] welcome back to rule of law radio folks you are listening to the friday night marathon [01:03:39.820 --> 01:03:47.660] this february 27 2015 and before we went to the top of the hour break we were talking with bill [01:03:47.660 --> 01:03:52.300] in new york and bill you want to know if you can hold the attorneys on the other side liable for [01:03:52.300 --> 01:04:00.140] a fraudulent or negligent misrepresentation of a material fact in that you're holding [01:04:00.940 --> 01:04:08.220] for fact that there was no proper transfer from washington mutual to chase bank [01:04:09.900 --> 01:04:17.660] my first response is oh buddy yeah there is yes you can okay and let me [01:04:17.660 --> 01:04:28.220] let me the situation is you're not necessarily saying that there was no proper transfer [01:04:29.820 --> 01:04:40.380] what you're saying is is the transfer the the attorney is alluding to was not properly filed [01:04:40.380 --> 01:04:48.060] in the public record therefore it makes no difference if there was a proper transfer or [01:04:48.060 --> 01:04:57.820] not somewhere in the background some transfer you did not have privy to in order for chase to be [01:04:57.820 --> 01:05:04.380] able to enforce the claim that claim had to be filed in the public record and when you look in [01:05:04.380 --> 01:05:11.820] the public record you don't see that transfer filed in there therefore the judge cannot see it [01:05:12.940 --> 01:05:18.940] and the lawyer knows full well the judge cannot see it it is not enforceable so to that extent [01:05:18.940 --> 01:05:29.900] you could go back and say that the lawyer actively misrepresented the facts when you say the judge [01:05:29.900 --> 01:05:41.500] does not see it even if it was assigned it was filed in the public record if it was properly [01:05:41.500 --> 01:05:50.860] assigned in the public record then the judge can see it but but if say it was assigned you have [01:05:51.980 --> 01:05:58.300] ex-mortgage company they write the mortgage they're named as the beneficiary on the mortgage or the [01:05:58.300 --> 01:06:06.060] deal of trust then ex-mortgage company goes out of business and then after ex-mortgage company goes [01:06:06.060 --> 01:06:21.660] out of business mer's asserting to act as the nominee or for the mortgage company and its [01:06:21.660 --> 01:06:35.180] successors and assigns and files a transfer from the mortgage company to another party now wait a [01:06:35.180 --> 01:06:41.020] minute didn't you say this first guy died yes that's where i'm going now there may [01:06:41.020 --> 01:06:52.060] okay the there may be successors and assigns and mer's could by the contract act as agent for the [01:06:52.060 --> 01:07:01.660] successors or assigns but when mer's makes this transfer for the original lender he's not acting [01:07:02.220 --> 01:07:08.060] for a successor or a sign he's acting for the original lender so the question becomes and i [01:07:08.060 --> 01:07:15.820] question becomes and i think it was judge sheck in new york asked this question how did the dead [01:07:15.820 --> 01:07:24.060] mortgage company direct mer's to do this transfer and he called them vampire mortgage companies [01:07:24.620 --> 01:07:33.500] let's see rose up from the dead so we make sure just because there's a transfer in there [01:07:33.500 --> 01:07:41.420] and that doesn't mean it's any good especially if you see one from what was your and steve [01:07:41.420 --> 01:07:48.460] mentioned washington mutual jp morgan chase was that the case in your case or was he just referring [01:07:48.460 --> 01:07:53.900] back to what i was talking about earlier that's it that's the case washington mutual washington [01:07:53.900 --> 01:07:59.900] mutual to uh chase fdic and the purchase and assumption agreement where it states clearly [01:07:59.900 --> 01:08:08.140] nothing was transfer of a no ownership and assets okay well fdic claims to have taken over the assets [01:08:08.140 --> 01:08:19.340] of washington mutual okay so what if you did not register that transfer in the public record it [01:08:19.340 --> 01:08:28.220] doesn't make any difference what you took over you can't enforce the claim and that's the whole point [01:08:28.220 --> 01:08:36.140] of the public record new york has it i don't remember what the statute is but we've had [01:08:36.140 --> 01:08:41.100] people look it up in new york without this statute there is no purpose for the county [01:08:41.100 --> 01:08:46.940] registrar's office if you call me and you want me to do some work on your property but you don't [01:08:46.940 --> 01:08:51.900] have the money to pay me so you want to pay me out and you agree to let me take a lien against [01:08:51.900 --> 01:08:56.460] your property first thing i'm going to do is i'm going to go down look in the public record and [01:08:56.460 --> 01:09:04.540] see if there's already a valid lien against your property right if if i see a lien by washington [01:09:04.540 --> 01:09:10.620] mutual washington mutual bank but i know that washington mutual bank does not exist anymore [01:09:11.820 --> 01:09:19.260] so even if they had a lien they died and abandoned it so i have a right to trust what i see in the [01:09:19.260 --> 01:09:25.740] public record so i filed my lien and then j.p morgan chase comes along and says oh whoa whoa [01:09:25.740 --> 01:09:33.500] hold on here i got washington mutual's lien that i can enforce so well bubba you needed to have filed [01:09:33.500 --> 01:09:41.900] that in the public record so i could find a long time ago exactly you needed to file it in there [01:09:41.900 --> 01:09:48.380] so that when i look in the public record i can see it so right but you know they're doing these [01:09:48.380 --> 01:09:54.300] assignments like five years or whatever the amount of time sure the after the trust so [01:09:54.300 --> 01:10:00.540] so you know they they do the uh they originate the loan and then they are soon as you know time [01:10:00.540 --> 01:10:08.540] um foreclosure or default then they will file into the um convent of whatever they sign it to a trust [01:10:09.500 --> 01:10:16.220] and sure no no we don't know what they did with it and here's the thing about washington mutual [01:10:16.220 --> 01:10:24.460] uh even the fdic claims that they took possession of the assets of washington mutual [01:10:25.020 --> 01:10:34.300] was your note an asset of washington mutual at that time because if they had securitized your note [01:10:34.300 --> 01:10:40.620] and put it into a trust all right the note was an asset of the trust not washington mutual [01:10:40.620 --> 01:10:50.060] mutual even if the trust name was washington mutual is not washington mutual bank it was not [01:10:50.060 --> 01:11:00.620] an asset so before they can come in and say we received the assets of washington mutual [01:11:00.620 --> 01:11:12.060] they also have to show that this particular asset was an asset of washington mutual at the time we [01:11:12.060 --> 01:11:20.060] took over their assets there's nothing in there stating that that's the case and we just looked [01:11:20.060 --> 01:11:33.020] at a case where a assignment was filed claiming that the the note and deed of trust was assigned [01:11:33.020 --> 01:11:41.340] to a third party but the court said there's no evidence associated with that filing to show [01:11:41.340 --> 01:11:50.140] that there actually was an assignment and what they what they didn't say exactly but implied was [01:11:50.700 --> 01:11:56.300] that there had to be a copy of the of the note with all of the elongies who they referenced the [01:11:56.300 --> 01:12:04.860] note and all of the elongies that needed to be filed with this document to show that the statement [01:12:04.860 --> 01:12:13.420] that they made was true but since there wasn't one it put the document in jeopardy here where [01:12:13.420 --> 01:12:23.340] you have a company claiming to act for on a claim from a non-existent company from a company that [01:12:23.340 --> 01:12:31.260] went out of business it makes it of even more import that fdic when they claim they took over [01:12:31.260 --> 01:12:40.140] the assets of washington mutual they must also state affirmatively that this particular [01:12:40.780 --> 01:12:47.180] note was an asset of washington mutual at the time they took over important part at the time [01:12:47.740 --> 01:12:54.780] yeah i've never seen them do that they claiming successor they're not even claiming um assignment [01:12:54.780 --> 01:13:01.580] and they're claiming that they was the rightful owners yeah what what they're claiming is is yes they're a successor [01:13:02.140 --> 01:13:08.780] that they took over the assets of washington mutual this was an asset of washington mutual mutual so [01:13:08.780 --> 01:13:18.780] we're a successor to washington mutual in this note but the question is was washington mutual [01:13:18.780 --> 01:13:26.620] an interested party when they went out of business and the transfer was made if they had sold their [01:13:26.620 --> 01:13:35.420] interest into a remake or into a securities trust they no longer had any interest in it so if they [01:13:35.420 --> 01:13:41.420] sold it into the into the securities trust washington mutual is out of the picture if washington [01:13:41.420 --> 01:13:48.060] mutual still has anything to do with it they would have the only the the authority to collect not to [01:13:48.060 --> 01:13:55.980] not to receive so it was not an asset correct and at the time washington mutual went out of business [01:13:56.540 --> 01:14:05.260] as concerned residential mortgages their portfolio contained very few relatively very few compared to [01:14:05.260 --> 01:14:11.180] the amount of notes that they actually generated there were very few in washington mutual's [01:14:11.180 --> 01:14:16.300] portfolio and that's where you'll find their assets all the rest of them had been put in had [01:14:16.300 --> 01:14:24.140] securitized into trust and were no longer assets so it's imperative that they when they make this [01:14:24.140 --> 01:14:32.780] proactive statement of fact that they back it up and if it was securitized into trust have you [01:14:32.780 --> 01:14:34.940] secured a securities analysis [01:14:37.660 --> 01:14:43.980] i've i've took it well i've somewhat i've taken care of that because um there's no way because [01:14:43.980 --> 01:14:51.020] freddy mac is supposed to be in freddy mac and i've securitized for numification right and they [01:14:51.020 --> 01:14:57.660] told and they said nothing they said we have we don't know nothing about this well is is there [01:14:58.380 --> 01:15:05.500] really is there wait a minute wait a minute wait a minute let's go back to that you contacted freddy [01:15:05.500 --> 01:15:10.060] mac and freddy mac doesn't know anything about it is that correct no no they don't know they [01:15:10.060 --> 01:15:17.100] don't carry in court that's right it's correct okay interesting well that means it wasn't [01:15:17.100 --> 01:15:23.260] securitized into a trust that freddy mac would have anything to do with it what about fanny may [01:15:24.460 --> 01:15:35.340] what about jenny may what you need to find is so is this note attached to wait a minute then it [01:15:35.340 --> 01:15:44.140] it may be well wait okay if it was um they had a plaintiff if it was wamu then it's on wall street [01:15:44.140 --> 01:15:49.820] it's not going to be in in freddy fanny or or jenny it'll be on wall street but they are the [01:15:49.820 --> 01:15:52.780] plaintiffs in this case and they don't even know that through about it [01:15:55.820 --> 01:15:57.260] this could get very interesting [01:15:57.260 --> 01:16:07.180] okay well it doesn't it's enough that the fdic did not [01:16:08.300 --> 01:16:17.100] allege that this particular note at the time they accrued the assets of washington mutual that this [01:16:17.100 --> 01:16:24.780] note was actually an asset of washington mutual right and they're probably not going to do that [01:16:24.780 --> 01:16:31.260] because no way they could prove it up right because it has to be specific they have to say [01:16:31.260 --> 01:16:38.300] what law they have to be schedules right exactly they can't just generally make a a vague and [01:16:38.300 --> 01:16:46.300] general client hang on about to go to break randy kelton steve skidmore rule of law radio [01:16:46.300 --> 01:16:52.540] a call in number 512-646-1984 give us a call we'll have the phone lines open all night [01:16:52.540 --> 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bullion.com or call 512-646-6440 [01:19:22.300 --> 01:19:28.620] me [01:19:36.700 --> 01:19:44.700] i was blindsided but now i can see your plan you put the fear in my pockets [01:19:44.700 --> 01:19:52.700] took the money from my hand ain't gonna fool me with that same old trick again [01:19:57.580 --> 01:20:01.260] okay we are back randy kelton steve kitmore rule of law radio [01:20:02.380 --> 01:20:09.580] and we're talking to bill in new york bill it it does not sound like you are a novice [01:20:09.580 --> 01:20:16.380] i take it you've done some research on this these issues [01:20:22.620 --> 01:20:27.900] i got that impression from talking to you that's why i was kind of being pedantic about [01:20:29.420 --> 01:20:36.540] some of these basic specifics we tend to miss the the basics and [01:20:36.540 --> 01:20:42.700] what i've been suggesting to people if you have an issue the first thing you should do when you're [01:20:42.700 --> 01:20:53.820] constructing a defense or a prosecution of an issue is find your pattern jury charges [01:20:53.820 --> 01:21:04.060] look at what the court is going to tell the jury that either party is going to have to prove in [01:21:04.060 --> 01:21:12.700] order to prevail in their case and that jury charge is going to go to some very specific issues [01:21:12.700 --> 01:21:21.900] is going to go to some very specific issues nothing else really matters in the case other than [01:21:22.940 --> 01:21:32.860] what is in the jury charge and in doing that that the charge is going to go to these specific things [01:21:32.860 --> 01:21:42.860] this company claimed to hold this particular note and then they'll walk through the elements of [01:21:42.860 --> 01:21:50.860] holder status in new york what would constitute holder status [01:21:50.860 --> 01:22:01.820] status i think just like um in most instances um you um if it's just a barrel if it's blank [01:22:01.820 --> 01:22:09.660] they are using blank endorsements as their instruments and there's no no no no pause [01:22:11.100 --> 01:22:18.860] pause let me stop you right there just because there is no identified payee [01:22:18.860 --> 01:22:28.860] this does not make a negotiable instrument a bearer instrument it is an order instrument because of [01:22:28.860 --> 01:22:38.860] the language on the endorsement pay to the order of right there you've got an order instrument now [01:22:38.860 --> 01:22:44.860] if somebody if somebody wants to make this a bearer instrument they've got to to write on the [01:22:44.860 --> 01:22:53.180] right on the identified payee the word bearer that is the only thing that will make it a bearer [01:22:53.180 --> 01:23:01.100] instrument hold on bill let's back up and this you did exactly what i was trying to [01:23:02.540 --> 01:23:11.340] get past it's really hard not to do this you see that there is an issue that you can argue [01:23:11.340 --> 01:23:21.180] and you consistently tend to pull up that issue and use that issue not necessarily a bad thing [01:23:21.180 --> 01:23:32.460] but before we get to that issue we need to frame why the issue matters so if the they have an [01:23:32.460 --> 01:23:45.100] the they have an unendorsed instrument so what you have to tell me so what you have to tell me [01:23:45.100 --> 01:23:55.260] why that matters what must a holder hold in order to be able to claim holder status [01:23:55.260 --> 01:24:05.260] now once we know all of that now we go back and look at the claimants position and compare the [01:24:05.260 --> 01:24:14.540] claimants position to all of the elements that must exist for them to be a valid holder so what [01:24:14.540 --> 01:24:29.500] in new york would would give someone standing as a proper holder well my understanding is the time [01:24:29.500 --> 01:24:39.500] the um when they received it and they have to have a um a person if they use an affidavit [01:24:39.500 --> 01:24:46.060] affidavit have to have to be a person with personal knowledge um okay hold on hold on [01:24:47.020 --> 01:24:52.780] you need to be able to state this very clearly and very succinctly [01:24:55.980 --> 01:25:00.620] someone with holder status you go back and look at the code in in texas code [01:25:00.620 --> 01:25:11.900] code it requires that a i can go to filing a claim in the record in order for someone to file a claim [01:25:11.900 --> 01:25:23.500] in the record they must hold a valid claim granted to them by someone with authority [01:25:23.500 --> 01:25:31.100] to grant them that claim well how can someone have authority to grant a claim [01:25:32.460 --> 01:25:42.060] they must hold a warranty deed or they must hold a claim granted by the holder of a warranty deed [01:25:42.060 --> 01:25:54.620] warranty deed or they must hold a claim granted by someone who holds a valid claim from the holder [01:25:54.620 --> 01:26:03.900] of the warranty deed and they must be able to show an uninterrupted chain of assignment from the [01:26:03.900 --> 01:26:14.060] original holder to the current claimant that they have to prove now they can stand up and say i'm a [01:26:14.060 --> 01:26:22.540] holder they got to be able to prove it from the public record perfect point [01:26:22.540 --> 01:26:32.940] okay don't say holder in due course okay holder in due course really doesn't apply here [01:26:34.780 --> 01:26:44.940] we have the holder rules of 16 16 usc 433 but the courts have ruled that it really doesn't apply [01:26:44.940 --> 01:26:53.820] why if i write you a check and that check is bogus you cannot be [01:26:55.660 --> 01:27:03.900] charged with a bad holding a bad check because you are a holder in due course you had no [01:27:03.900 --> 01:27:13.020] involvement in the fraud that was created by the writer of the check but you hold it in good faith [01:27:13.020 --> 01:27:22.060] in real property there are simply holders and that can get that and i'm being pedantic here but [01:27:22.060 --> 01:27:28.860] we really need to be careful about how we state that language is everything but a whole status [01:27:28.860 --> 01:27:34.300] even a holder status that you know you still if there's some defenses they still have to prove up [01:27:35.260 --> 01:27:40.860] yeah complete chain of titles that's in short that's what makes you a holder pretty much right [01:27:40.860 --> 01:27:50.300] okay okay so what constitutes a complete chain of title in the current circumstance [01:27:51.740 --> 01:27:54.700] the thing that stands out to me is fdic [01:27:57.100 --> 01:28:03.820] now i'm saying who the heck are they okay forget about what you think you know about any of these [01:28:03.820 --> 01:28:11.580] parties it is really difficult to separate what you think you know from what you actually know [01:28:12.300 --> 01:28:17.420] and the only thing you actually know is what is in the public record [01:28:19.740 --> 01:28:25.420] so fdic freddie mac fatty may you don't know anything about these they're just names [01:28:25.420 --> 01:28:33.980] you must be able to look in the public record and clearly establish precisely who these people are [01:28:33.980 --> 01:28:44.940] or who these entities are and how they come by their standing how does fdic come by its standing [01:28:44.940 --> 01:28:49.740] by its standing [01:28:54.620 --> 01:28:59.660] that's a good question yes we don't know if you if you had to pause the court's going to have to [01:28:59.660 --> 01:29:06.220] pause okay and and fdic is saying they took over all the assets of washington mutual bank i say okay [01:29:06.220 --> 01:29:18.220] so what you didn't state that this particular asset was an asset of washington mutual bank [01:29:19.020 --> 01:29:25.980] at the time of the takeover you didn't claim it ever was and you'd first have to state that this [01:29:25.980 --> 01:29:36.140] was an asset of washington mutual bank and it was and still being held by washington mutual bank [01:29:37.180 --> 01:29:44.620] at the time this transfer took place that has to be there to establish their hold of status [01:29:45.500 --> 01:29:50.060] we're going to have to pick this up on the other side of this break folks five one two six four six [01:29:50.060 --> 01:29:55.100] 1984 will put you in the line behind bill in new york you're listening to rule of law with [01:29:55.100 --> 01:30:01.260] randy kelton steve skidmore we'll be right back after this brief message state here's one more [01:30:01.260 --> 01:30:06.700] reason not to trust governments and databases citizens of missouri discovered outside companies [01:30:06.700 --> 01:30:11.340] obtained their driver's license information including names addresses and birth dates [01:30:11.340 --> 01:30:16.620] i'm dr katherine albrecht and i'll be right back with more your search engine is watching you [01:30:16.620 --> 01:30:21.820] recording all your searches and creating a massive database of your personal information [01:30:21.820 --> 01:30:27.180] that's creepy but it doesn't have to be that way startpage.com is the world's most private [01:30:27.180 --> 01:30:31.900] search engine startpage doesn't store your ip address make a record of your searches or use [01:30:31.900 --> 01:30:37.340] tracking cookies and they're third party certified if you don't like big brother spying on you start [01:30:37.340 --> 01:30:43.340] over with startpage great search results and total privacy startpage.com the world's most [01:30:43.340 --> 01:30:48.700] private search engine driver's license databases are supposed to be private but information [01:30:48.700 --> 01:30:54.060] resellers got a hold of missouri's records and put them up for sale angry citizens filed a class [01:30:54.060 --> 01:30:58.380] action lawsuit against missouri department of motor vehicle employees and the information [01:30:58.380 --> 01:31:03.660] resellers a court settlement requires shadow soft and the source for public data to return the [01:31:03.660 --> 01:31:08.940] driver's license information and stop selling it however they still have their dirty paws on dmv [01:31:08.940 --> 01:31:15.980] records from other states including texas florida ohio wisconsin mississippi idaho minnesota and [01:31:15.980 --> 01:31:20.540] iowa if you're in one of those states contact your state lawmakers and ask them to put a stop [01:31:20.540 --> 01:31:25.580] to the sale of your personal information i'm dr katherine albrecht more news and information [01:31:25.580 --> 01:31:35.100] at katherinealbrecht.com this is building seven a 47 story skyscraper that fell on the afternoon [01:31:35.100 --> 01:31:40.220] of september 11th the government says that fire brought it down however 1500 architects and [01:31:40.220 --> 01:31:45.340] engineers concluded it was a controlled demolition over 6000 my fellow service members have given [01:31:45.340 --> 01:31:49.740] their lives thousands of my fellow first responders are dying i'm not a conspiracy [01:31:49.740 --> 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01:32:36.540] it also protects you from radiation heavy metals fluoride chlorine and bromine including cancer [01:32:36.540 --> 01:32:41.500] and most major diseases you'll be amazed you can be your own doctor i want to keep you out of the [01:32:41.500 --> 01:32:47.740] hospital and off pharmaceuticals wow why are you so nice to me because i'm you you're out of shape [01:32:47.740 --> 01:32:56.060] and i need a better looking future call 888-910-4367 that's 888-910-4367 or visit [01:32:56.060 --> 01:33:06.780] micro plant powder dot com micro plant powder dot com looking for some truth you found it logos radio [01:33:06.780 --> 01:33:27.020] network.com [01:33:37.020 --> 01:33:45.020] the wicked come with temptation they're trying to buy the whole place [01:33:47.900 --> 01:33:50.620] they want to poison the nation [01:33:53.420 --> 01:33:57.020] because they've fallen from grace [01:33:58.860 --> 01:34:04.620] welcome back to rule all radio folks and before we left for break we were talking with bill in new [01:34:04.620 --> 01:34:09.260] york we still got bill in new york and if you'd like to get in line behind him it's easy to do [01:34:09.260 --> 01:34:17.500] 512-646-1984 dial it get in line we've got a lot to talk about and still plenty of the show left [01:34:18.140 --> 01:34:26.540] so bill we have gone way off the path of your original call let me bring this back to [01:34:26.540 --> 01:34:33.100] back into perspective you were at your your original question was can you hold the attorneys [01:34:33.100 --> 01:34:40.700] accountable for for doing something wrong in court that is your issue was how to [01:34:43.260 --> 01:34:51.020] present the fact that washington mutual or somebody let's say somebody has made a [01:34:53.020 --> 01:35:00.540] possible fraudulent transfer from a dead entity that is washington mutual having been out of business [01:35:00.540 --> 01:35:11.260] to chase bank now the response to that the correct response to that in my mind is yes absolutely now [01:35:11.260 --> 01:35:19.820] this puts a burden on you now you've got to show that the transfer was fraudulent that's what the [01:35:19.820 --> 01:35:25.900] last two segments there were all about but there's something essential here that i'd like to point out [01:35:25.900 --> 01:35:34.940] in light of mackey uh santiago v mackey which again is applicable in all 50 states because [01:35:34.940 --> 01:35:42.540] if an attorney steps outside the bounds of law he is no longer immune you go after him personally [01:35:43.260 --> 01:35:50.620] the reason i bring this back up is i have learned that we never get a shot at the king [01:35:50.620 --> 01:35:58.220] because the king never enters the battlefield let me bring this in perspective the king in your case [01:35:58.220 --> 01:36:06.620] would be chase bank chase does not step into court so the king does not step onto the battlefield [01:36:06.620 --> 01:36:15.660] who does the king send instead of himself he sends his soldiers in this context chase is sending [01:36:15.660 --> 01:36:23.580] uh chase being the king is sending his soldier the attorney wait wait in this in in this case [01:36:23.580 --> 01:36:32.380] he's sending the jester yeah well okay but the attorney jester in many cases the same thing [01:36:32.940 --> 01:36:39.020] but again we will never get a clear shot at the king because the king has never entered the [01:36:39.020 --> 01:36:49.900] battlefield who do we shoot at we don't shoot at the king we shoot at his attorney we shoot at his [01:36:49.900 --> 01:36:58.860] soldier the own i i'm i have come to the firm conclusion that the only way we're going to win [01:36:58.860 --> 01:37:10.620] these things is to kick the lawyers out of the way in doing in doing this if you can cause enough [01:37:10.620 --> 01:37:21.180] harm to enough of these bar card carrying criminals that work for the banks if you can [01:37:21.180 --> 01:37:29.340] if you can ruin enough careers the rest in line will take notice trust me [01:37:32.300 --> 01:37:38.300] okay you see five or six attorneys disappear off into off into uncle bobo's they're going [01:37:38.300 --> 01:37:43.740] to the federal pen for what they did for a minimum of 30 years and oh good lord [01:37:43.740 --> 01:37:51.100] and look at now randy talks about politics this is politics at its finest [01:37:52.300 --> 01:37:57.980] you start killing the soldiers the king doesn't have anybody willing to fight for him keep in [01:37:57.980 --> 01:38:07.180] mind these guys are mercenaries they are paid assassins they are paid surgeons they are paid [01:38:07.180 --> 01:38:14.140] attorneys i mean surgeons metaphorically but how about the judges representing the banks [01:38:15.020 --> 01:38:25.740] them too them too everybody that comes against you and you've got at this point in in time [01:38:26.300 --> 01:38:33.820] we have got to at least presume that one of our enemies may very well be the court itself [01:38:33.820 --> 01:38:40.940] okay so prepare for battle we go back to the 13th century i i believe i may be stand i may stand [01:38:40.940 --> 01:38:47.100] corrected but son sue taught us something very very important in the art of war if you know yourself [01:38:47.100 --> 01:38:52.540] but you do not know your enemy for every victory you will suffer a defeat if you do not know [01:38:52.540 --> 01:39:01.020] yourself and you do not know know your enemy you will never taste victory but if you know yourself [01:39:01.020 --> 01:39:08.220] and you know your enemy you need not fear a thousand battles so we've got to take a step [01:39:08.220 --> 01:39:14.780] back we've got to look at this entire field we the people would like to believe that we can trust [01:39:15.420 --> 01:39:17.420] our judicial system [01:39:19.180 --> 01:39:28.620] poohucky wrong you've got to consider the legal system as an adversary that it is an adversary [01:39:28.620 --> 01:39:36.460] that it is an adversarial system and judges are easily bought out keep in mind that a lot of these [01:39:36.460 --> 01:39:44.780] judges know that their retirement is very heavily invested in mortgage-backed securities and oh my [01:39:44.780 --> 01:39:51.900] god i might not have a retirement if i let this pro se get away with this okay that's part of the [01:39:51.900 --> 01:39:59.420] mentality you've just now identified one of your enemies now your task is to put something before [01:39:59.420 --> 01:40:13.900] your enemy that he cannot refuse now let's go let's go back to facing our enemy on the battlefield [01:40:13.900 --> 01:40:24.620] the soldiers the attorneys santiago v mackey being applicable in all 50 states is so powerful [01:40:25.820 --> 01:40:37.260] and so devastating to an attorney's career at very least at very least you will keep that attorney [01:40:37.260 --> 01:40:45.820] if you do this right you file everything that you can bar grievances complaints name him as defendant [01:40:45.820 --> 01:40:53.660] in a cross uh cross complaint whatever you got to do bring this son of a gun under the microscope [01:40:54.300 --> 01:41:02.060] and oh by the way bring your bar card with you fella or lady okay i want that on my wall marked [01:41:02.060 --> 01:41:11.420] diagonally in red bold letters canceled and keep in mind you the king did not come into the court [01:41:11.420 --> 01:41:19.980] and make representations to the court the lawyer did that that's right so you don't have the king [01:41:19.980 --> 01:41:26.060] in the court you can't accuse him of doing this you accuse the lawyer so how about the firm [01:41:26.060 --> 01:41:35.020] the lawyer firm as well again if you if you get one lawyer okay let's say in a lawyer in a firm [01:41:35.020 --> 01:41:42.300] gets indicted for oh i don't know fraudulent misrepresentation of material facts [01:41:43.100 --> 01:41:51.820] well he'd have to get indicted on a felony i guess um aggravated perjury okay he he presented [01:41:51.820 --> 01:41:58.540] a fraudulent misrepresentation of facts in his pleading which equates here in texas [01:41:58.540 --> 01:42:06.620] uh aggravated perjury being a felony now he can be indicted on that felony if that one attorney [01:42:06.620 --> 01:42:13.500] gets indicted for that felony that also involves the law firm that he worked for [01:42:13.500 --> 01:42:21.020] for but you mentioned fraud is that really that difficult [01:42:22.300 --> 01:42:30.220] fraud fraud you've got to prove intent intent is the most difficult to prove [01:42:32.700 --> 01:42:42.300] now fraud upon the court different story okay different story fraud upon the court is not fraud [01:42:42.300 --> 01:42:52.140] per se fraud upon the court is the is an ancillary or an additional cause of action that you can add [01:42:52.140 --> 01:42:58.620] to your to your pleading when you sue this attorney by saying that since he lied to the court [01:42:59.660 --> 01:43:06.380] what by his excuse me by since he he had a fraudulent misrepresentation of a material fact [01:43:06.380 --> 01:43:14.860] okay in doing so he committed fraud upon the court whammy number two [01:43:16.460 --> 01:43:22.220] that's the second hammer he gets on top of all the ethical violations that that are that you're [01:43:22.220 --> 01:43:26.140] fixing to drag in but that's that's through the bar not through the court [01:43:26.140 --> 01:43:35.820] through the court but look closely at what the lawyer has stated to the court if the you know [01:43:35.820 --> 01:43:45.660] you you mentioned fdic and earlier the fdic didn't come into the court the lawyer brought [01:43:45.660 --> 01:43:54.540] this document into the court and he randy hold that thought we're going to break five one two [01:43:54.540 --> 01:44:00.540] six four six 1984 will put you in line you're listening to rule of law will be right you feel [01:44:00.540 --> 01:44:05.580] tired when talking about important topics like money and politics are you confused by words like [01:44:05.580 --> 01:44:10.540] the constitution or the federal reserve what if so you may be diagnosed with the deadliest disease [01:44:10.540 --> 01:44:17.180] known today stupidity hi my name is steve holt and like millions of other americans i was diagnosed [01:44:17.180 --> 01:44:22.380] with stupidity at an early age i had no idea that the number one cause of the disease is found in [01:44:22.380 --> 01:44:27.580] almost every home in america the television unfortunately that puts most americans at risk [01:44:27.580 --> 01:44:32.140] of catching stupidity but there is hope the staff at brave new books have helped me and [01:44:32.140 --> 01:44:37.420] thousands of other foxaholics suffering from sports zombieism recover and because of brave new books [01:44:37.420 --> 01:44:43.020] i now enjoy reading and watching educational documentaries without feeling tired or uninterested [01:44:43.020 --> 01:44:48.060] so if you or anybody you 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attorney with 22 years of case winning experience even if you're not in a [01:45:35.580 --> 01:45:41.020] lawsuit you can learn what everyone should understand about the principles and practices [01:45:41.020 --> 01:45:47.900] that control our american courts you'll receive our audio classroom video seminar tutorials [01:45:47.900 --> 01:45:55.100] forms for civil cases pro se tactics and much more please visit ruleoflawradio.com [01:45:55.100 --> 01:46:11.980] and click on the banner or call toll-free 866-LAW-EZ [01:46:26.060 --> 01:46:33.980] so [01:46:44.700 --> 01:46:50.940] welcome back to rule of law radio folks 512-646-1984 will put you in touch with us [01:46:50.940 --> 01:46:58.380] right now all we got online is bill and bill i'm i'm sorry that that came out kind of condescending [01:46:58.380 --> 01:47:05.420] i didn't mean that um oh wait a minute i muted you again wait a minute wait a minute you mean [01:47:05.420 --> 01:47:13.020] we're just stuck with bill that's that's what i you know after i said that that's that's what [01:47:13.020 --> 01:47:21.100] that's what popped into my mind i thought oh wow okay i i did a radio faux pas but this has been [01:47:21.100 --> 01:47:28.620] a good conversation because it's a point that that steve and i try to get people to and and it's [01:47:29.260 --> 01:47:35.740] it's hard to frame this so it makes sense the difference between what you think and what you [01:47:35.740 --> 01:47:43.900] know and here all we know is is that the lawyer came to the court and made these representations [01:47:46.140 --> 01:47:53.580] we don't know if any of that's true and then when we look at the representations specifically what [01:47:53.580 --> 01:48:00.780] representations did he make and in order to establish his position what representations [01:48:00.780 --> 01:48:08.300] must he have made did he state everything he needed to and we're kind of being pedantic but [01:48:08.300 --> 01:48:19.340] this is really important if we don't start at the right place if we don't isolate the elements [01:48:19.340 --> 01:48:26.780] that have to be proved we can spend all the time we want to proven up all the stuff we want to [01:48:26.780 --> 01:48:33.020] we want to but if it doesn't go to the elements that a jury would have to consider [01:48:34.940 --> 01:48:41.740] then makes no difference and i got it agreed damage i damaged me as well [01:48:43.740 --> 01:48:49.580] well damn it yeah well okay first you got to prove your point then you can claim damages [01:48:49.580 --> 01:48:56.940] yeah you're you're putting by by going to damages i feel like you're putting the cart before the [01:48:56.940 --> 01:49:01.340] horse you're you're trying to get to the end of the race before the gun's ever gone off [01:49:02.060 --> 01:49:07.820] so the first thing you're going to have to do is you're going to have to to show that [01:49:07.820 --> 01:49:20.380] that the attorney did something wrong then that what the attorney did caused you harm [01:49:21.420 --> 01:49:28.460] and by that harm you were then damaged you're still back here i'm counting this off pinky [01:49:28.460 --> 01:49:33.340] ring finger middle finger you're still back here on pinky finger and you now you're wanting to go to [01:49:33.340 --> 01:49:42.860] to to the last step don't do that take this one step one piece at a time i say this from experience [01:49:42.860 --> 01:49:48.300] because i tried to swallow the whole thing at once and i choked on it you've got to pull this [01:49:48.300 --> 01:49:56.860] apart you've got to focus learn to focus on what is directly in front of you what not on what is [01:49:56.860 --> 01:50:03.500] behind what is in front of you so long as you you keep your mind on that carrot dangled out in front [01:50:03.500 --> 01:50:09.580] of you you're missing everything in between you and the carrot so you're you're back here on the [01:50:09.580 --> 01:50:18.860] pinky you're back here at proving that this guy did something wrong okay let me ask you a question [01:50:18.860 --> 01:50:32.220] bill what do you actually know about the case before you quite a bit i know that um that the [01:50:32.220 --> 01:50:40.380] purchase and assumption agreement doesn't include um it doesn't state that why move um [01:50:40.380 --> 01:50:50.460] um that why move transferred any particular loan to chase and and chase okay okay wait a minute that [01:50:50.460 --> 01:50:58.780] that's what is actually in front of you you're talking about what's not there [01:51:01.180 --> 01:51:06.380] what is actually there in black and white it states that it didn't um you know it didn't um [01:51:06.380 --> 01:51:13.420] um you have okay you have a lawyer who came before the court [01:51:15.420 --> 01:51:26.380] and he made a claim that he had agency to represent a principal who had standing and [01:51:26.380 --> 01:51:39.740] the legal capacity to enforce a set of privileges granted in a document you created i hope you're [01:51:39.740 --> 01:51:50.060] writing this down the mortgage if not it's archived now you look at the mortgage and the mortgage was [01:51:50.060 --> 01:52:01.020] not written to this lawyer or neither was it written to the lawyer's uh the client so now [01:52:01.740 --> 01:52:09.820] how did the lawyer establish that there is a claim that you create you're a [01:52:11.660 --> 01:52:19.260] you're involved in the clay you created the claim that the claim was granted to an entity [01:52:19.260 --> 01:52:29.820] who subsequently granted that in that claim to his client these are interrogatories by the way [01:52:29.820 --> 01:52:32.780] right here's the documents [01:52:35.500 --> 01:52:40.860] wait say it again information from the other side you're getting information so-called from the um [01:52:40.860 --> 01:52:48.620] the servicer which is chase alleged servicer i should say so he's basing all his information [01:52:48.620 --> 01:52:54.220] on that and he should have done his due diligence wait a minute how do you know what he based his [01:52:54.220 --> 01:53:01.500] information on this was the he's saying his affidavit his affidavit statement is um ah [01:53:01.500 --> 01:53:08.140] you have a sworn affidavit you got a sworn affidavit okay when i say sworn affidavit is [01:53:08.140 --> 01:53:13.020] there language in the affidavit that says that this is signed under the penalty of perjury [01:53:13.020 --> 01:53:21.420] that's correct he's he is verified and um oh beautiful the accuracy of the information [01:53:21.420 --> 01:53:28.620] that he that is before in his personal knowledge and blah blah blah wonderful [01:53:29.900 --> 01:53:39.340] does the affidavit conclusively establish an uninterrupted chain of holder status [01:53:39.340 --> 01:53:44.060] from washington mutual to the current claimant [01:53:49.180 --> 01:53:58.620] that's either a yes or a no no no it's not it doesn't oops then you move to strike the affidavit [01:54:00.700 --> 01:54:07.260] that's correct have you done that yes it was it was stricken that that affidavit what they [01:54:07.260 --> 01:54:13.580] called a certificate that is now the attorneys have to in the york city they have to file right [01:54:14.380 --> 01:54:22.940] steve this now they have now they have no evidence this guy's done his homework now you need to raise [01:54:22.940 --> 01:54:29.980] the stakes okay now i'm going back to some of the pedantic stuff we were talking about earlier what [01:54:29.980 --> 01:54:41.180] you know is is that the lawyer made this claim now you have established that the claim is insufficient [01:54:41.180 --> 01:54:44.060] so you go back after the lawyer for making the claim [01:54:47.260 --> 01:54:54.540] it's not enough that you strike down the things someone did wrong i once had a [01:54:54.540 --> 01:55:00.540] a clerk in randall county texas wouldn't give me some documents that i wanted so i called [01:55:00.540 --> 01:55:05.900] the police and asked them to come out and arrest her and that finally got her attention and she [01:55:05.900 --> 01:55:15.260] brought out the documents and i told her sorry that bill's already been wrong this lawyer filed [01:55:15.260 --> 01:55:26.220] a document that claimed authority to enforce a promise you made when he didn't have that authority [01:55:28.220 --> 01:55:35.020] so it's not enough that you just defeat his fraud need to hold him responsible for it [01:55:35.020 --> 01:55:46.940] but the thing that i have found most effective in dealing with mostly courts and prosecutors [01:55:46.940 --> 01:55:58.140] and public officials is not that you fight your issue with them but you hold them responsible [01:55:58.140 --> 01:56:06.460] for every single thing they do the lawyer doesn't get to come in here and make a fraudulent claim [01:56:06.460 --> 01:56:15.900] with impunity so go straight for him judicial i mean bar grievance against him and sue him [01:56:17.900 --> 01:56:24.940] he he's going to have a fit and all this really goes to politics if you're in a foreclosure issue [01:56:24.940 --> 01:56:33.900] in the end it's all about the money politics none of that other stuff matters it's only about the [01:56:33.900 --> 01:56:42.220] money and if you think you're going to go in here and win the property forget that that's not going [01:56:42.220 --> 01:56:49.020] to that's not how it's going to work what you can do is beat the other guy up enough that he [01:56:49.020 --> 01:56:55.340] doesn't want to fight anymore so you're telling me this can't defeat a summary judgment knowing that [01:56:56.540 --> 01:57:05.100] that this didn't black and white it didn't transpire the the uh you can you can file a [01:57:05.100 --> 01:57:08.940] yeah you yes you can file a motion for summary judgment [01:57:11.100 --> 01:57:15.500] but i wouldn't do that without first going after the attorneys [01:57:15.500 --> 01:57:20.140] put that kind of pressure on them on top of the summary judgment now they've got to go hire [01:57:20.140 --> 01:57:28.460] other attorneys to represent them you just you just really thrown a big rock into the pool and [01:57:28.460 --> 01:57:40.300] made a big splash okay bill do you play poker okay this is poker build the best hand that you can [01:57:40.300 --> 01:57:50.940] build the best hand that you can and convince you the other side that you have a bigger hand than you [01:57:51.500 --> 01:57:57.900] actually want to play so you want to make a deal with these guys [01:57:59.820 --> 01:58:03.180] either you want them to go agree to go away and leave you alone [01:58:03.180 --> 01:58:09.420] uh you want them to write you a the release of all claims against you whatever you're after [01:58:11.900 --> 01:58:18.220] start laying the groundwork for claims that are way beyond what you actually want [01:58:20.620 --> 01:58:24.140] and give them reason to come back and give you what you want so [01:58:24.140 --> 01:58:29.500] nothing unreasonable but not unreasonable something reasonable yeah absolutely something reasonable [01:58:30.140 --> 01:58:36.700] write down on a piece of paper at the end of the of the day what would be a win for me [01:58:37.260 --> 01:58:43.500] what would be a win for us is to go to break clean this time bill stay there we're at the top there [01:58:43.500 --> 01:58:51.580] our break five one two six four six nineteen eight four we'll be right back the bible remains the [01:58:51.580 --> 01:58:56.940] most popular book in the world yet countless readers are frustrated because they struggle to [01:58:56.940 --> 01:59:03.180] understand it some new translations try to help by simplifying the text but in the process can [01:59:03.180 --> 01:59:09.980] compromise the profound meaning of the scripture enter the recovery version first this new [01:59:09.980 --> 01:59:16.940] translation is extremely faithful and accurate but the real story is the more than 9 000 explanatory 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