[00:00.000 --> 00:07.920]  You're listening to the Liberty Beat, your daily source for Liberty news and activist
[00:07.920 --> 00:12.160]  updates, online at thelibertybeats.com.
[00:12.160 --> 00:17.360]  John Bush here with your Liberty Beat for Friday, April 3rd, 2015.
[00:17.360 --> 00:26.200]  Gold is trading around $1,202, silver around $16.76, and Bitcoin is trading around $254.
[00:26.200 --> 00:31.800]  Today's precious metal prices are brought to you by Midas Resources Incorporated, helping
[00:31.800 --> 00:37.400]  clients convert their paper 401Ks and IRAs to solid gold and silver.
[00:37.400 --> 00:43.320]  Get their 10 reasons book free by calling 1-800-686-2237.
[00:43.320 --> 00:47.560]  That's 1-800-686-2237.
[00:47.560 --> 00:51.840]  Just weeks after the World Health Organization found that the herbicide Glyosphosphate is
[00:51.840 --> 00:56.720]  probably carcinogenic to humans, the U.S. Environmental Protection Agency approved a
[00:56.720 --> 00:59.480]  new herbicide containing the chemical.
[00:59.480 --> 01:04.400]  On Tuesday, the EPA approved the use of Enlist Duo from Dow Chemical.
[01:04.400 --> 01:10.000]  Enlist Duo's active ingredients of Glyophosphate and 2,4-D, both of which have been linked
[01:10.000 --> 01:14.320]  to an increase in non-Hodgkin's lymphoma.
[01:14.320 --> 01:20.240]  A state trooper with the Texas Department of Public Safety has been disciplined after
[01:20.240 --> 01:24.440]  he was spotted in an Instagram photo with rapper Snoop Dogg.
[01:24.440 --> 01:28.400]  The rap artist was in Austin for the South by Southwest Music Festival.
[01:28.400 --> 01:32.520]  The report stated that Trooper Spears was in need of counseling, and his decision to
[01:32.520 --> 01:37.520]  take a photo with the public figure, who has a well-known criminal background, quote, reflects
[01:37.520 --> 01:42.320]  poorly on the agency.
[01:42.320 --> 01:46.560]  The Associated Press has obtained only four emails sent between Hillary Clinton and her
[01:46.560 --> 01:50.520]  staff regarding drone strikes and surveillance programs.
[01:50.520 --> 01:55.160]  The news agency filed a Freedom of Information Act request in 2013.
[01:55.160 --> 01:59.400]  Although the emails say little concerning drones or surveillance, they do show Clinton
[01:59.400 --> 02:03.440]  used an iPad to email while she was Secretary of State.
[02:03.440 --> 02:12.680]  Clinton also asks for advice on condemning intelligence leaks in the provided emails.
[02:12.680 --> 02:17.600]  The Tennessee State Senate has voted to ban drones from recording images above ticketed
[02:17.600 --> 02:21.160]  events with more than 100 people in attendance.
[02:21.160 --> 02:25.320]  The measure was requested by the National Football League's Tennessee Titans.
[02:25.320 --> 02:30.000]  The bill also bans drones from flying over correctional facilities and through fireworks
[02:30.000 --> 02:31.400]  events.
[02:31.400 --> 02:36.960]  Support for the Liberty Beat comes from Central Texas Gunworks, your online source for firearms,
[02:36.960 --> 02:39.640]  firearm accessories, and ammunition.
[02:39.640 --> 02:43.160]  They take major credit cards, and they take bitcoin as well.
[02:43.160 --> 02:48.480]  Visit them online at shop.centraltexasgunworks.com.
[02:48.480 --> 02:52.320]  You're listening to the Liberty Beat for April 3rd, 2015.
[02:52.320 --> 02:58.560]  Follow us on Twitter at AtTheLibertyBeat, and like us on Facebook at Facebook.com slash
[02:58.560 --> 03:11.440]  The Liberty Beat.
[03:11.440 --> 03:37.480]  Okay, howdy, howdy.
[03:37.480 --> 03:41.520]  This is Randy Kelton, Steve Skidmore, Rue of La Radio.
[03:41.520 --> 03:50.840]  On this Friday, I'm April the 3rd, we're already a quarter of the way through the year.
[03:50.840 --> 03:56.240]  It sure does go fast when you're having fun.
[03:56.240 --> 04:03.840]  Last night we had a really good show where we discussed an issue that, where we had a
[04:03.840 --> 04:08.720]  child acting out in school and making threats against other children.
[04:08.720 --> 04:16.360]  It was a very good show because I managed to get connected with a bunch of parents who
[04:16.360 --> 04:22.880]  were the kind of parents you want to run into.
[04:22.880 --> 04:32.320]  While the child at issue was acting really outrageous and had written this book about
[04:32.320 --> 04:40.600]  how he wanted to kill his classmates and explained in gory detail, it was clear in reading this
[04:40.600 --> 04:44.960]  that the child was screaming for help.
[04:44.960 --> 04:50.600]  And I was pleased that most of the parents that I talked to or actually all of them got
[04:50.600 --> 04:58.000]  it that while they were disturbed with what the child was doing, they all understood that
[04:58.000 --> 05:00.720]  this was a cry for help.
[05:00.720 --> 05:11.920]  And we got the opportunity to craft the kind of remedy that I liked the best.
[05:11.920 --> 05:21.520]  We were given the opportunity in this to craft a remedy where there was no adversary.
[05:21.520 --> 05:30.240]  This was, while there were some adversarial aspects, everyone here was trying to find
[05:30.240 --> 05:32.640]  the best outcome for all involved.
[05:32.640 --> 05:39.360]  And that was very gratifying to get to do a show like that.
[05:39.360 --> 05:49.480]  So with that said, I've been talking about something I have been preparing for a while
[05:49.480 --> 05:59.360]  and that is the filing of complaints with the Tarrant County District Attorney against
[05:59.360 --> 06:02.600]  the Dallas County District Attorney.
[06:02.600 --> 06:11.880]  I actually got those filed this week and frankly, I was very gratified with the behavior of
[06:11.880 --> 06:14.640]  the Tarrant County District Attorney.
[06:14.640 --> 06:23.400]  I had Ms. Wilson on our show when she was running for office and she stated her position
[06:23.400 --> 06:31.800]  and in examining her history, she was a 12-year district judge in Tarrant County in the criminal
[06:31.800 --> 06:42.000]  section and she was, her reputation was of a judge who followed law.
[06:42.000 --> 06:49.400]  And once she's got into the district attorney's office, you kind of expect that they tell
[06:49.400 --> 06:53.480]  you one thing when they run and do something else once they get in.
[06:53.480 --> 07:00.680]  Well, so far, Sherrod Wilson has done exactly what she said she would do.
[07:00.680 --> 07:08.760]  I took a set of complaints against the Dallas County District Attorney, accusing the Dallas
[07:08.760 --> 07:16.160]  County District Attorney of denying me access to the Dallas County Grand Jury and I filed
[07:16.160 --> 07:18.240]  this with the Tarrant County District Attorney.
[07:18.240 --> 07:31.380]  What I was doing here is trying to get a legal opinion on venue of grand juries.
[07:31.380 --> 07:41.680]  As I look through the Texas Penal Code, I find nothing in the code limiting the venue
[07:41.680 --> 07:46.440]  of a grand jury within the state of Texas.
[07:46.440 --> 07:54.560]  Now when it is a district judge that impanels a grand jury and it appears there's a grand
[07:54.560 --> 08:03.280]  jury impaneled for every county and we have a, I live in Wise County, in Wise County,
[08:03.280 --> 08:08.080]  the district judge, his venue extends to Jack County.
[08:08.080 --> 08:16.360]  Jack County is not a highly populated county, Wise County is a very moderately populated
[08:16.360 --> 08:18.200]  county.
[08:18.200 --> 08:22.480]  So they combined two counties in one jurisdiction.
[08:22.480 --> 08:32.200]  Well, the judge in this instance impanels a grand jury for both counties, a separate
[08:32.200 --> 08:34.600]  grand jury for each.
[08:34.600 --> 08:45.240]  So that tends to imply that somehow there is a venue jurisdiction for the grand jury.
[08:45.240 --> 08:48.500]  However, I can't find it.
[08:48.500 --> 08:56.400]  If one exists, it certainly does not exist in statute because there's nothing in chapter
[08:56.400 --> 09:05.560]  19, 20 or 21 that addresses venue of a grand jury.
[09:05.560 --> 09:12.320]  Now I'm sure that I expect if not in this county and other counties to get an objection
[09:12.320 --> 09:15.560]  raised concerning venue.
[09:15.560 --> 09:24.600]  So I need a case where a complaint has been filed out of county alleging a crime within
[09:24.600 --> 09:26.360]  the county.
[09:26.360 --> 09:37.120]  Now venue would normally extend on a criminal accusation to any county where a portion or
[09:37.120 --> 09:49.320]  an act related to the accusation was committed, not only in either county or any county in
[09:49.320 --> 10:01.520]  between those two, but that venue issue goes only to district courts.
[10:01.520 --> 10:08.320]  The venue of a district judge has nothing to do with grand jury so far as I can tell.
[10:08.320 --> 10:17.280]  There's nothing, not one peep out of the legislature that would indicate an intent to restrict
[10:17.280 --> 10:30.720]  the venue of a grand jury to anything beyond or less than the borders of the state of Texas.
[10:30.720 --> 10:36.000]  So if you've been listening to this show a while, you know that we've been struggling
[10:36.000 --> 10:48.320]  to find a issue, a remedy to due process, a remedy to excesses by public officials.
[10:48.320 --> 10:57.600]  And one of the things we would like to see would be an amendment to the Texas Code of
[10:57.600 --> 11:01.760]  Criminal Procedure to section 20.09.
[11:01.760 --> 11:10.240]  20.09 is the section that defines the duties of a grand jury.
[11:10.240 --> 11:18.120]  And what it says is it shall be the duty of the grand jury to investigate into all crimes
[11:18.120 --> 11:26.240]  of which any member may have knowledge that may come to them by way of the prosecuting
[11:26.240 --> 11:30.880]  attorney or any credible person.
[11:30.880 --> 11:39.080]  And in order to facilitate the intent of the legislature on referencing any credible person,
[11:39.080 --> 11:47.800]  we want in addition to article 20.09 that in order to implement the intent of the legislature,
[11:47.800 --> 11:55.460]  the grand jury shall set aside time at each meeting to hear complaints by private citizens.
[11:55.460 --> 12:00.080]  That would statutorily open the door to everyone.
[12:00.080 --> 12:12.920]  However, statutes are notoriously difficult to change as well they should be.
[12:12.920 --> 12:21.160]  And that's not necessarily a problem because in fact, we don't need any statutory changes.
[12:21.160 --> 12:23.840]  And when I look at other states, they are similar.
[12:23.840 --> 12:32.480]  We have access to grand jurors everywhere except Pennsylvania that I've actually looked
[12:32.480 --> 12:33.480]  at.
[12:33.480 --> 12:42.480]  Pennsylvania, the grand jury seems to be impaneled by a district judge at the caprice of the
[12:42.480 --> 12:46.520]  district judge or at the discretion of a district judge.
[12:46.520 --> 12:51.000]  And the public has no access to a grand jury.
[12:51.000 --> 12:57.280]  But so far every other state I've looked at, there's nothing limiting the complaints a
[12:57.280 --> 13:00.000]  grand jury can look into.
[13:00.000 --> 13:08.280]  And some states, including California, it was the intent in creating grand jury that
[13:08.280 --> 13:17.960]  the grand jury not only be able to investigate into crimes, but it also can investigate into
[13:17.960 --> 13:23.360]  contracts and the behavior of public agencies.
[13:23.360 --> 13:34.080]  So in California, the grand jury was intended as generally as an oversight committee to
[13:34.080 --> 13:35.840]  oversee government in general.
[13:35.840 --> 13:40.720]  I would like to see something of that nature here.
[13:40.720 --> 13:42.960]  We don't actually have that in statutes.
[13:42.960 --> 13:47.640]  The duties only refer to investigating into crimes.
[13:47.640 --> 13:49.240]  It's subject to indictment.
[13:49.240 --> 13:58.400]  So that means that the statute refers to, they tend to refer it to felony crimes, but
[13:58.400 --> 14:05.560]  the constitution calls for an indictment on all criminal accusations without taking that
[14:05.560 --> 14:08.500]  issue up for the moment.
[14:08.500 --> 14:18.260]  Right now, the only crimes that are construed to be subject to indictment are felony crimes.
[14:18.260 --> 14:22.880]  That is an issue we may want to take up later.
[14:22.880 --> 14:29.760]  If we can't get the magistrate put in back in place we should be, if we can get the magistrate
[14:29.760 --> 14:32.400]  put back, we won't need that.
[14:32.400 --> 14:38.420]  But for this remedy, we don't need any statutory change.
[14:38.420 --> 14:50.080]  The remedy of taking a complaint against a person or public official to a foreign county.
[14:50.080 --> 14:55.520]  We get this door open and I was talking to my prosecuting attorney in Wise County and
[14:55.520 --> 14:59.440]  when he got it, the look on his face was very telling.
[14:59.440 --> 15:07.120]  I was talking to him and one of their head bailiffs, Chet, the local karate instructor.
[15:07.120 --> 15:11.360]  And he questioned the meaning of it.
[15:11.360 --> 15:14.080]  What was the big deal?
[15:14.080 --> 15:18.920]  And the prosecutor told him, well, if Mr. Kelton gets upset at me, he could file against
[15:18.920 --> 15:21.540]  me in another county.
[15:21.540 --> 15:29.560]  And I said, well, not only that, Greg, since a no-bill by a grand jury does not constitute
[15:29.560 --> 15:33.160]  statutory estoppel.
[15:33.160 --> 15:39.400]  When the prosecutor got this look on his face, he said, you could file against me in every
[15:39.400 --> 15:40.400]  county in the state.
[15:40.400 --> 15:43.160]  I said, yeah, that's right, I could.
[15:43.160 --> 15:49.600]  And I could keep filing against you until I get an indictment.
[15:49.600 --> 15:56.400]  The bailiff kind of objected to that and the prosecutor confirmed, yes, he could.
[15:56.400 --> 15:59.440]  We get this door open.
[15:59.440 --> 16:12.280]  If Sharon Wilson does what I expect and lets the grand jury hear this and if the grand
[16:12.280 --> 16:20.240]  jury actually indicts, then she would forward it to the clerk of the court, which would
[16:20.240 --> 16:22.280]  be the district clerk.
[16:22.280 --> 16:28.200]  And then the district clerk would notify the judge in the court.
[16:28.200 --> 16:33.520]  They would select a judge and the judge would look at it and say, while I have jurisdiction,
[16:33.520 --> 16:39.120]  I don't have venue and we need to transfer this to a court that has venue and in that
[16:39.120 --> 16:41.640]  case, they'd transfer it over to Dallas County.
[16:41.640 --> 16:43.840]  So all the mechanisms are in place.
[16:43.840 --> 16:47.160]  Okay, phone lines are open, we're going to keep them open all night.
[16:47.160 --> 16:55.120]  Our call-in number is 512-646-1984 and we have Leslie on and Leslie has been kicking
[16:55.120 --> 16:56.120]  behind in Pennsylvania.
[16:56.120 --> 17:00.720]  We'll take Leslie when we come back.
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[19:00.520 --> 19:20.120]  You are listening to the Logos Radio Network, l-l-l-logosradionetwork.com.
[19:20.120 --> 19:26.960]  Okay we are back, Randy Kelton, Steve Skidmore, we have our radio and we're going to go to
[19:26.960 --> 19:28.640]  Leslie in Pennsylvania.
[19:28.640 --> 19:37.440]  Leslie, I got the latest response to the court and it is incredible.
[19:37.440 --> 19:43.160]  Will you explain to everyone what's going on and where you're at and what you've done
[19:43.160 --> 19:46.680]  so far and where you're at in the process right now?
[19:46.680 --> 19:47.680]  Okay.
[19:47.680 --> 19:53.640]  A couple years ago in 2010, we rescinded our loans.
[19:53.640 --> 20:03.080]  We sent them a package and it had notice to agent is notice to principal and notice to
[20:03.080 --> 20:08.120]  principal is notice to agent because it seems like they try to hide who your lender is so
[20:08.120 --> 20:10.480]  you can't send a rescission.
[20:10.480 --> 20:14.120]  So that way we covered that.
[20:14.120 --> 20:19.200]  Then in 2011, we filed a lawsuit in the federal court to enforce the rescission.
[20:19.200 --> 20:26.120]  It got thrown out because it wasn't filed within the 36 months following.
[20:26.120 --> 20:27.120]  Okay wait a minute.
[20:27.120 --> 20:35.160]  You filed the rescission, did they, under TIVA once a rescission is filed, the bank
[20:35.160 --> 20:42.880]  has or the lender has 20 days to object to the rescission or they waive their objection.
[20:42.880 --> 20:44.880]  Did the bank do that?
[20:44.880 --> 20:45.880]  No.
[20:45.880 --> 20:54.120]  Nope, I didn't hear anything from them that we rescinded in May, no, April 30th.
[20:54.120 --> 20:59.280]  We heard nothing from them until the end of August.
[20:59.280 --> 21:00.600]  And what did you hear from them?
[21:00.600 --> 21:06.320]  Well, it was just an answer to some of the questions that we had asked with the letter
[21:06.320 --> 21:08.680]  that we had sent to them.
[21:08.680 --> 21:14.720]  So it didn't say anything at all about the rescission, nothing.
[21:14.720 --> 21:24.600]  So anyway, we filed a lawsuit in January of 2011 to enforce the rescission and the judge
[21:24.600 --> 21:30.720]  threw it out because it wasn't filed within the 36 months following settlement.
[21:30.720 --> 21:39.160]  Then we filed for quiet title and against the original lender and the servicer butted
[21:39.160 --> 21:43.160]  its way in with a forged assignment of mortgage.
[21:43.160 --> 21:50.240]  And I knew it was forged because when I tried to say we had already gotten a default judgment
[21:50.240 --> 21:54.920]  against the original lender, they came in saying we don't have any interest in this
[21:54.920 --> 21:59.200]  mortgage and they want to open this up so that they don't get a default judgment, but
[21:59.200 --> 22:00.960]  they were going to go along with a quiet title.
[22:00.960 --> 22:10.200]  In the meantime, the servicer comes in and before the lender, the original lender can
[22:10.200 --> 22:13.480]  answer and they say, we've been assigned this mortgage.
[22:13.480 --> 22:18.760]  Well, I automatically go and put in for an amended complaint saying this is brought on
[22:18.760 --> 22:19.760]  the court.
[22:19.760 --> 22:24.800]  You know, this guy over here said they didn't have any interest and then the next day, literally
[22:24.800 --> 22:30.680]  the very next day in court, after they were in court saying they had no interest, they
[22:30.680 --> 22:31.680]  assigned the mortgage.
[22:31.680 --> 22:36.240]  Well, they came back with their pleadings saying we had nothing whatsoever to do with
[22:36.240 --> 22:37.240]  the assignment mortgage.
[22:37.240 --> 22:39.240]  We knew nothing about it.
[22:39.240 --> 22:45.960]  So then I, eventually, they just threw out my quiet title case.
[22:45.960 --> 22:47.920]  They never looked at the assignment.
[22:47.920 --> 22:51.080]  The judge never even admitted there was an assignment.
[22:51.080 --> 22:52.920]  They said, oh, this is all arrest you, Dakota.
[22:52.920 --> 22:55.600]  You didn't bring your husband into this and all that kind of stuff.
[22:55.600 --> 22:57.920]  So I sent in the appeals court.
[22:57.920 --> 23:05.520]  Well, while we're waiting for the appeals decision, we get a notice of foreclosure and
[23:05.520 --> 23:16.280]  they filed a complaint in Pennsylvania, it's a judicial state, and I sent in a, what they
[23:16.280 --> 23:18.200]  call preliminary objection.
[23:18.200 --> 23:27.440]  Now, the reason you send in preliminary objections is similar to a motion to dismiss in other
[23:27.440 --> 23:28.440]  states.
[23:28.440 --> 23:34.200]  And it's basically what are your objections to this lawsuit, you know, and I let them
[23:34.200 --> 23:35.520]  have those ferals.
[23:35.520 --> 23:37.880]  We had rescinded the loan.
[23:37.880 --> 23:46.920]  There was an affords assignment of mortgage, affords because the lender, who they say had
[23:46.920 --> 23:52.120]  assigned it, didn't and said they didn't in court.
[23:52.120 --> 23:56.200]  So the lender was subject to collateral estoppel.
[23:56.200 --> 23:57.200]  Yes.
[23:57.200 --> 24:05.160]  In addition to that, in the federal case, one of the things that happened was we got
[24:05.160 --> 24:09.800]  a list of the chain of title from the judge.
[24:09.800 --> 24:14.960]  He went down the list of the chain of title from all of the documentation that the lender's
[24:14.960 --> 24:23.960]  plural because there was Fannie Mae, there was sitting mortgage, there was MERS, there
[24:23.960 --> 24:30.360]  was a whole handful of people in that lawsuit, and they got the whole chain of title written
[24:30.360 --> 24:32.360]  down.
[24:32.360 --> 24:36.760]  And by dates, he was exact on the dates, when the dates were transferred.
[24:36.760 --> 24:44.000]  So when this assignment of mortgage came out in 2012, when it should have said 2007, that's
[24:44.000 --> 24:45.000]  a red flag.
[24:45.000 --> 24:48.400]  That's, what do you call it?
[24:48.400 --> 24:49.400]  It's already been decided.
[24:49.400 --> 24:50.400]  It's already been-
[24:50.400 --> 24:54.240]  It's res judicata.
[24:54.240 --> 24:55.240]  Yes.
[24:55.240 --> 25:00.880]  So the title, the chain of title had already been decided, so they couldn't come into this
[25:00.880 --> 25:07.760]  foreclosure saying this one thing is the chain of title, that just one simple assignment
[25:07.760 --> 25:11.520]  when the judge already said, well, there's been three of them.
[25:11.520 --> 25:17.440]  Let me explain res judicata and collateral estoppel.
[25:17.440 --> 25:23.400]  This actually goes to collateral estoppel, but res judicata always goes to collateral
[25:23.400 --> 25:24.400]  estoppel.
[25:24.400 --> 25:29.600]  And in this case, they're subject to collateral estoppel on a couple of issues.
[25:29.600 --> 25:35.120]  First, they came into the court and took a position.
[25:35.120 --> 25:40.880]  Once you've taken that position, you cannot subsequently come into the court and take
[25:40.880 --> 25:43.560]  an opposed position.
[25:43.560 --> 25:50.440]  Once they testified under oath to the court that they had no interest in the note, even
[25:50.440 --> 25:55.720]  if they did have an interest in the note, they're collaterally stopped from changing
[25:55.720 --> 25:58.120]  that position.
[25:58.120 --> 26:05.560]  Once you come into the court and adjudicate an issue, or even if you have an issue adjudicated
[26:05.560 --> 26:13.960]  against you somewhere else in another court, you can't come into this court and take the
[26:13.960 --> 26:17.480]  position that you had ruled against you.
[26:17.480 --> 26:23.040]  You're subject to collateral estoppel for that through res judicata.
[26:23.040 --> 26:24.040]  That makes sense?
[26:24.040 --> 26:25.040]  Yes.
[26:25.040 --> 26:34.400]  There is an exemption to that and the exemption is fraud.
[26:34.400 --> 26:41.160]  And also under the RICO Act is not subject to res judicata.
[26:41.160 --> 26:50.160]  And that is one thing that went, aha, I'm still waiting to hear a response.
[26:50.160 --> 26:59.200]  I got a response from the plaintiff and we sent back our response saying, you know, why
[26:59.200 --> 27:01.920]  their response was a bunch of hooey.
[27:01.920 --> 27:04.200]  And we haven't heard anything from the judge yet.
[27:04.200 --> 27:08.960]  In the meantime, I'm saying, this has been six weeks and I better get my butt in here
[27:08.960 --> 27:12.760]  because it's Easter, I want to go see the grandkids and when I come back, if I have
[27:12.760 --> 27:15.440]  to answer a complaint right away, I want to be ready.
[27:15.440 --> 27:24.040]  So that is what you see, what I sent you yesterday or this morning, was what I intend to put
[27:24.040 --> 27:29.760]  in when the judge says, I'm going to keep this case.
[27:29.760 --> 27:38.520]  And this way, I am ready to file that and I've added to all my affirmative defenses,
[27:38.520 --> 27:49.120]  which I had at least 11, if I think I'm right, and I have seven counterclaims.
[27:49.120 --> 27:57.240]  And to the counterclaims, I have cross claims and I've added, I think it's about 16 different
[27:57.240 --> 28:03.400]  defendants to the case, cross defendants in the form of different attorneys that have
[28:03.400 --> 28:08.160]  bugged me with this forged assignment of mortgage.
[28:08.160 --> 28:17.840]  Well, I've read through the pleading and it's a large pleading, 56 pages.
[28:17.840 --> 28:25.360]  And I read a lot of legal documents and generally, I kind of skimmed that down through the documents
[28:25.360 --> 28:29.640]  to go to the part that I find interesting.
[28:29.640 --> 28:36.200]  This one ruined my whole morning because it was so compelling that I wound up reading
[28:36.200 --> 28:39.440]  the whole thing.
[28:39.440 --> 28:50.160]  This is very nice work and I can expect that the lawyers getting this are going to have
[28:50.160 --> 28:53.640]  some serious heartburn.
[28:53.640 --> 28:59.600]  I very seldom ever see a document this well written.
[28:59.600 --> 29:07.880]  Leslie, you mentioned in your Skypes to me, the mains case, and that's something we were
[29:07.880 --> 29:10.440]  going to talk about later.
[29:10.440 --> 29:16.160]  The mains case was very well written until I got down to the bottom and they appeared
[29:16.160 --> 29:19.880]  to have really screwed up on the causes of action.
[29:19.880 --> 29:25.560]  They didn't frame their causes of action well and I expect the mains case will get
[29:25.560 --> 29:30.760]  a rule for a motion to dismiss for failure to state a claim.
[29:30.760 --> 29:38.560]  While they bled out the facts very well, the facts and the law, when they got to the causes
[29:38.560 --> 29:45.840]  of action, they didn't address all of the elements of the cause of action very well.
[29:45.840 --> 29:47.440]  Leslie's document was incredible.
[29:47.440 --> 29:50.440]  It was a masterful piece of work.
[29:50.440 --> 29:51.440]  Hang on, we'll be right back.
[29:51.440 --> 29:55.960]  Randy Kelton, Deborah Sheeva, Deborah Sheeva, Steve Skidmore, Wheelblad Radio, we'll be
[29:55.960 --> 29:58.960]  right back.
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[31:00.160 --> 31:01.320]  age.
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[32:07.640 --> 32:10.440]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
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[32:14.040 --> 32:18.240]  going to have a free society then we're going to have to stand and defend our own rights.
[32:18.240 --> 32:21.440]  Among those rights are the right to travel freely from place to place, the right to act
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[33:29.480 --> 33:39.600]  Okay, we are back.
[33:39.600 --> 33:46.680]  Randy Kelton, Steve Skidmore, Rule of Law Radio and we're talking to Leslie in Pennsylvania.
[33:46.680 --> 33:54.600]  So Leslie, where are you at right now in the process?
[33:54.600 --> 34:00.600]  I'm waiting to hear from the court as to whether they're going to dismiss the foreclosure lawsuit
[34:00.600 --> 34:05.720]  and I'm also waiting on a decision from the appeals court for my quiet title.
[34:05.720 --> 34:14.840]  Oh, so okay, so the quiet title is still alive, the foreclosure suit is still in the court.
[34:14.840 --> 34:18.840]  So how long have you been waiting for ruling on the foreclosure?
[34:18.840 --> 34:23.440]  Since the 20th of February.
[34:23.440 --> 34:31.440]  Well, that's not too long, considering the kinds of pleadings you've been filing and
[34:31.440 --> 34:38.560]  considering the facts that for the most part the courts have bought and paid for and the
[34:38.560 --> 34:45.480]  judges really don't want to rule against the guys that pay them off, they're probably spending
[34:45.480 --> 34:50.280]  a lot of time trying to figure out how to get around this one.
[34:50.280 --> 34:51.600]  Yeah.
[34:51.600 --> 34:59.280]  I suspect they seldom get a civil pleading laced with the kinds of criminal accusations
[34:59.280 --> 35:00.760]  you have in yours.
[35:00.760 --> 35:04.080]  Oh, I loaded it up.
[35:04.080 --> 35:13.560]  One question about something I would have expected to have been raised is, has there
[35:13.560 --> 35:20.160]  been an objection to your making criminal accusations in a civil action?
[35:20.160 --> 35:22.800]  No.
[35:22.800 --> 35:32.080]  That surprises me because that tends to be, the courts tend to say you can't use criminal
[35:32.080 --> 35:41.200]  to gain advantage in civil, but in your case, you use the criminal to support the torts
[35:41.200 --> 35:44.920]  and causes of action.
[35:44.920 --> 35:50.720]  And on reading it, I couldn't see a way they could, that the other side could raise an
[35:50.720 --> 35:54.680]  objection to your accusing them of being criminals.
[35:54.680 --> 36:03.600]  And now to Rico, you sent me a Rico manual.
[36:03.600 --> 36:11.240]  I haven't had time to go through it yet, but you made Rico claims in this action, is that
[36:11.240 --> 36:12.240]  correct?
[36:12.240 --> 36:13.240]  I did.
[36:13.240 --> 36:19.720]  In the answer that I have prepared, if I have to file an answer to the complaint, to the
[36:19.720 --> 36:24.120]  foreclosure complaint, that is a Rico countersuit.
[36:24.120 --> 36:27.200]  And if they want to move it to the federal court, they can do that.
[36:27.200 --> 36:28.200]  Okay.
[36:28.200 --> 36:38.160]  One of the first things I saw in the manual on federal Rico was that in order to file
[36:38.160 --> 36:45.240]  a Rico suit, you had to get permission from the attorney, from the attorney general.
[36:45.240 --> 36:53.680]  No, that has to do with a prosecutor filing a criminal lawsuit, not-
[36:53.680 --> 36:54.680]  Wonderful.
[36:54.680 --> 36:55.680]  Wonderful.
[36:55.680 --> 37:05.640]  When I just read the heading and tripped over it and almost dropped my false teeth out because
[37:05.640 --> 37:08.360]  that would have been horrible.
[37:08.360 --> 37:09.360]  Yeah.
[37:09.360 --> 37:15.840]  Because the manual I sent you was to county prosecutors or for federal prosecutors from
[37:15.840 --> 37:18.120]  the Department of Justice.
[37:18.120 --> 37:25.160]  Then there's another manual that's the trial lawyer's manual for Rico.
[37:25.160 --> 37:27.160]  There's two different ones I sent to you.
[37:27.160 --> 37:32.520]  One of them was 500 pages, let's see the-
[37:32.520 --> 37:35.280]  The other is 55 pages.
[37:35.280 --> 37:39.760]  One was 500 and the other one is 55.
[37:39.760 --> 37:47.880]  I have converted them to Word documents and I will be breaking them up and mapping them
[37:47.880 --> 37:49.480]  out.
[37:49.480 --> 37:55.520]  I have a mapping process that makes it a lot easier to find what you're looking for, but
[37:55.520 --> 38:01.200]  this is going to be a massive job.
[38:01.200 --> 38:06.680]  I wanted to see what the different things were on the federal prosecutor's side so that
[38:06.680 --> 38:11.320]  I could better word my complaint.
[38:11.320 --> 38:19.240]  That is perfect because that's the one, the manual for Rico prosecutors, that's the one
[38:19.240 --> 38:22.040]  that's 551 pages.
[38:22.040 --> 38:23.520]  Yes.
[38:23.520 --> 38:27.400]  That's the one that will tell us how to go after these guys.
[38:27.400 --> 38:28.400]  Yes.
[38:28.400 --> 38:39.120]  We have more proceeds like you out there who file really well-crafted, well-structured documents,
[38:39.120 --> 38:45.200]  documents that contain no proactive statements of law out of your own mouth, but rather out
[38:45.200 --> 38:48.720]  of the mouth of the courts the way yours does.
[38:48.720 --> 38:56.800]  This is a document I will be showing people to demonstrate to them how they should be
[38:56.800 --> 39:00.640]  done.
[39:00.640 --> 39:04.040]  It will be interesting to see how this works out.
[39:04.040 --> 39:05.040]  Yes.
[39:05.040 --> 39:12.480]  On the other side of it, if they do dismiss my case, I would be really overjoyed.
[39:12.480 --> 39:21.660]  I will file this counter complaint, the counterclaims and the crossclaims as a single complaint
[39:21.660 --> 39:27.560]  in the federal court.
[39:27.560 --> 39:28.560]  You follow what I'm saying?
[39:28.560 --> 39:38.080]  Well, yeah, I'm thinking, is not the federal court going to say that you've already had
[39:38.080 --> 39:40.520]  your bite at the apple?
[39:40.520 --> 39:50.440]  No, because the thing is if they throw out the foreclosure lawsuit, the forgeries have
[39:50.440 --> 39:55.560]  never been adjudicated, the RICO claims have never been adjudicated because I've never
[39:55.560 --> 39:56.560]  put them in there.
[39:56.560 --> 39:57.560]  Okay.
[39:57.560 --> 39:58.560]  Oh, I see.
[39:58.560 --> 39:59.560]  Okay.
[39:59.560 --> 40:05.800]  And is there a Pennsylvania state organized crime statute?
[40:05.800 --> 40:06.800]  I'm not sure.
[40:06.800 --> 40:09.680]  I haven't even looked for it, to be honest with you.
[40:09.680 --> 40:10.680]  Okay.
[40:10.680 --> 40:17.080]  We have one in Texas, Chapter 72, it's the last thing in the penal code, and I've used
[40:17.080 --> 40:22.160]  it against public officials because it's technically the street gang statute.
[40:22.160 --> 40:23.160]  Right.
[40:23.160 --> 40:34.040]  And it defines a street gang as an ongoing criminal enterprise with a recognizable hierarchy.
[40:34.040 --> 40:35.040]  Yeah.
[40:35.040 --> 40:47.040]  Well, I read that and I said, that sounds a whole lot like my local district court.
[40:47.040 --> 40:50.840]  It definitely fit the definition.
[40:50.840 --> 40:58.200]  That's why I was asking, because I suspect if there is one, you can adjudicate in the
[40:58.200 --> 41:05.600]  state because the state can't rule on the federal issues.
[41:05.600 --> 41:13.960]  And then you can re-adjudicate in the fed, subsequent to the Venue and Removal Clarification
[41:13.960 --> 41:22.160]  Act that was passed in 2011, there was apparently a split between two different circuits where
[41:22.160 --> 41:31.680]  one circuit said that if you remove a state case to the fed, in the interest of judicial
[41:31.680 --> 41:38.800]  economy, the federal court can hear the federal issues and the state issues.
[41:38.800 --> 41:42.640]  And another circuit said, no, no, you can't.
[41:42.640 --> 41:50.480]  That's an unacceptable overreaching of the federal courts, that the federal court cannot
[41:50.480 --> 41:51.760]  hear the state issues.
[41:51.760 --> 41:53.720]  Those have to be remanded back.
[41:53.720 --> 42:03.360]  And the legislature cleared up the split by saying that the latter was correct.
[42:03.360 --> 42:15.320]  That while a state suit can be removed to the fed, if the suit contains state issues,
[42:15.320 --> 42:19.040]  the federal court must sever and remand.
[42:19.040 --> 42:30.720]  And the way I read that is it denied the court subject matter jurisdiction on state issues.
[42:30.720 --> 42:36.900]  So when I filed a Trespass to Try Title suit, and that's peculiar to Texas, it is a form
[42:36.900 --> 42:43.960]  of quiet title, but this is an action you would file after foreclosure, where somebody
[42:43.960 --> 42:46.680]  has filed a Substitute Trustees Deed.
[42:46.680 --> 42:54.800]  And Trespass to Try Title challenges a deed in the record and makes the claim that your
[42:54.800 --> 42:59.320]  deed is more valid than the one that you're challenging.
[42:59.320 --> 43:03.680]  And where there's a Substitute Trustees Deed, we challenge it and say our Warranted Deed
[43:03.680 --> 43:08.280]  stands before the Substitute Trustees Deed.
[43:08.280 --> 43:11.440]  So we do that with Trespass to Try Title.
[43:11.440 --> 43:17.720]  The lawyer immediately removed it to the federal court, and I filed a challenge subject matter
[43:17.720 --> 43:18.720]  jurisdiction.
[43:18.720 --> 43:24.920]  The judge dismissed with prejudice, and I told the lawyer that that was okay with me
[43:24.920 --> 43:30.360]  because I'll be filing criminal charges against the federal judge in the state court.
[43:30.360 --> 43:36.280]  We filed a second one, and he didn't dismiss the second one, because the lawyer told him
[43:36.280 --> 43:38.800]  what I was going to do.
[43:38.800 --> 43:43.400]  And we'll finish this when we come back, and we do have a couple more callers there, they're
[43:43.400 --> 43:44.400]  building up.
[43:44.400 --> 43:45.400]  But we'll get to everybody.
[43:45.400 --> 43:46.400]  We've got four hours tonight.
[43:46.400 --> 43:53.840]  This is Randy Kelton, Deuce Kidmore, Ruval Radio, I call in number 512-646-1984.
[43:53.840 --> 43:57.800]  We'll be right back.
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[45:59.920 --> 46:21.880]  Oh, oh, oh, oh, oh, oh, oh, oh, oh, yeah.
[46:21.880 --> 46:37.560]  Okay, we are back, Randy Kelton and Steve Skidmore, Rue La Radio, and we're talking
[46:37.560 --> 46:38.560]  to Leslie in Pennsylvania.
[46:38.560 --> 46:39.560]  I have questions.
[46:39.560 --> 46:48.320]  You said that there was a, there should be in Pennsylvania the same as the RICO, there
[46:48.320 --> 46:50.120]  should be a state RICO?
[46:50.120 --> 46:57.400]  I would expect that Pennsylvania would have its own organized crime statute.
[46:57.400 --> 47:06.480]  I feel relatively certain that Pennsylvania, most all of the states would not want to relegate
[47:06.480 --> 47:12.680]  the prosecution of organized crime within their state to the feds.
[47:12.680 --> 47:19.600]  So if you have a street gang, for instance, and the street gang is local, then the fed
[47:19.600 --> 47:27.520]  would have no RICO authority unless the street gang did something that invoked a federal
[47:27.520 --> 47:28.520]  jurisdiction.
[47:28.520 --> 47:29.520]  Okay.
[47:29.520 --> 47:34.600]  And I bet you have something.
[47:34.600 --> 47:38.120]  Because that's the one thing I could do with this, but the only way it could be improved
[47:38.120 --> 47:44.600]  I think is if I replace the federal RICO statutes with the state ones.
[47:44.600 --> 47:52.680]  And then later I can always just take the RICO portion of that complaint and the counter
[47:52.680 --> 47:59.960]  claim and the cross claim and put them in the federal court after I do this statement.
[47:59.960 --> 48:07.240]  I had a federal judge tell me once that filing a RICO suit is like dropping an atomic bomb.
[48:07.240 --> 48:08.240]  Yes.
[48:08.240 --> 48:11.720]  It is a really big deal.
[48:11.720 --> 48:17.480]  The tobacco companies were sued three times and won three times.
[48:17.480 --> 48:20.720]  The fourth time, they just had deep pockets.
[48:20.720 --> 48:22.880]  They could afford to buy juries.
[48:22.880 --> 48:25.440]  They could buy everything.
[48:25.440 --> 48:30.800]  Then the government got their head together and filed a RICO suit against them.
[48:30.800 --> 48:40.120]  And the executives looked at the RICO suit and said, holy mackerel, under civil discovery,
[48:40.120 --> 48:45.200]  they can discover information they can then use to prosecute us with.
[48:45.200 --> 48:51.680]  They don't get to claim fifth amendment in discovery on a RICO the way they can with
[48:51.680 --> 48:52.680]  civil.
[48:52.680 --> 48:53.680]  Right.
[48:53.680 --> 48:56.620]  So they said, heck with this stuff.
[48:56.620 --> 49:02.600]  They came to the table and made a deal because the executives didn't want to go to jail.
[49:02.600 --> 49:11.240]  And this is exactly what needs to be done here is take these lawyers who are presenting
[49:11.240 --> 49:17.320]  fraudulent documents and take them to task personally.
[49:17.320 --> 49:23.760]  Did you see how in the counter complaint, I brought up that specific thing that the
[49:23.760 --> 49:28.600]  whole MERS enterprise is a criminal?
[49:28.600 --> 49:38.720]  I saw that where the claim was that MERS was brought up, was designed intentionally to
[49:38.720 --> 49:48.760]  avoid state law, essentially as a conspiracy to violate state law.
[49:48.760 --> 49:54.280]  But Pennsylvania may be the only state that makes it a crime not to file in the public
[49:54.280 --> 49:55.280]  record.
[49:55.280 --> 49:56.280]  Yeah.
[49:56.280 --> 50:05.040]  I know in Texas, Craig Watkins, the Dallas County district attorney sued MERS for all
[50:05.040 --> 50:11.360]  of the money they didn't pay the clerk for making their filings in the public record.
[50:11.360 --> 50:17.720]  And MERS filed, their lawyers filed a motion to dismiss claiming that the suit was frivolous
[50:17.720 --> 50:20.680]  and they were right.
[50:20.680 --> 50:25.320]  MERS claimed that there was no statutory requirement to file anything in the public record.
[50:25.320 --> 50:32.680]  They were right, but they went on to say, while we're not required to, if we don't,
[50:32.680 --> 50:35.680]  we may not have a perfected claim.
[50:35.680 --> 50:44.160]  And I said, again, you're right, but in Pennsylvania, will you explain the deal in Pennsylvania?
[50:44.160 --> 50:51.000]  Under the fraud and forgery statutes, there are a couple of things that you have to be
[50:51.000 --> 50:52.000]  careful of.
[50:52.000 --> 51:05.000]  One is on July 18, 4103, it is a crime, a felony to withhold recordable documents with
[51:05.000 --> 51:07.920]  the intent to harm someone.
[51:07.920 --> 51:17.560]  Now the thing is with the intent to harm, if the recorder of deeds is harmed by millions
[51:17.560 --> 51:24.240]  of dollars in any county, that's harm, isn't it?
[51:24.240 --> 51:30.640]  That's a big time harm and isn't that what the courts ruled?
[51:30.640 --> 51:35.720]  What was the county recorder close to you, the prothonotary that made this, filed this
[51:35.720 --> 51:36.720]  suit against MERS?
[51:36.720 --> 51:41.560]  The chief of deeds, Nancy Becker, and she's in Montgomery County.
[51:41.560 --> 51:42.560]  Yes.
[51:42.560 --> 51:47.760]  And what did they rule concerning the MERS filings?
[51:47.760 --> 51:51.440]  Right, but they didn't go after them criminally yet.
[51:51.440 --> 51:53.480]  They haven't done that yet.
[51:53.480 --> 51:59.960]  If they want to get paid, that's what they're going to have to do.
[51:59.960 --> 52:00.960]  Well.
[52:00.960 --> 52:04.080]  Why haven't you gone after them criminally?
[52:04.080 --> 52:11.720]  I think I could, I got my hands full right now.
[52:11.720 --> 52:20.200]  But this part, see you're on the backside, you're running a defense and running a defense
[52:20.200 --> 52:27.600]  can really get stressful and you may need this as a stress relief.
[52:27.600 --> 52:33.520]  When I was explaining to this group last night how to take on public officials, I did give
[52:33.520 --> 52:39.560]  them a warning, said you have to be very careful because if you're not careful, this could
[52:39.560 --> 52:48.600]  become way too much fun, changes everything.
[52:48.600 --> 52:55.680]  And for Pennsylvania, I was there up in the Amish country helping some Amish and black
[52:55.680 --> 52:58.760]  bumper Mennonites.
[52:58.760 --> 53:02.920]  And I looked at the system in Pennsylvania, somewhat different than most any other state
[53:02.920 --> 53:04.600]  I've looked at.
[53:04.600 --> 53:14.760]  In Pennsylvania, the prosecuting attorney is given first blush prosecutorial discretion.
[53:14.760 --> 53:20.640]  In Texas, the law requires that a complaint be filed with some magistrates, not the prosecutor
[53:20.640 --> 53:25.200]  gets it now, but the law requires that it goes to a magistrate and a magistrate makes
[53:25.200 --> 53:30.000]  the determination of whether or not there's sufficient probable cause to believe a crime
[53:30.000 --> 53:31.720]  has been committed.
[53:31.720 --> 53:37.440]  In Pennsylvania, the prosecuting attorney gets to do that.
[53:37.440 --> 53:43.120]  Well, on the surface, that seems like a prescription for disaster.
[53:43.120 --> 53:50.520]  But then all of our bodies of law have been around a long time and they've all had enough
[53:50.520 --> 53:53.920]  time to develop a lot of sophistication.
[53:53.920 --> 54:01.640]  So Pennsylvania has a remedy for an unscrupulous or corrupt prosecutor.
[54:01.640 --> 54:06.480]  In Pennsylvania, unlike any other state that I've seen, I haven't looked at the code in
[54:06.480 --> 54:14.240]  all the states, but unlike anyone I've seen so far, you have standing concerning a criminal
[54:14.240 --> 54:16.640]  complaint.
[54:16.640 --> 54:23.160]  If I have knowledge that a crime's been committed in Texas, I have a duty to report it, but
[54:23.160 --> 54:29.320]  I have no authority concerning it, I have no standing.
[54:29.320 --> 54:36.640]  In Pennsylvania, you've got standing, so you give it to the prosecutor and when the prosecutor
[54:36.640 --> 54:43.160]  refuses to prosecute, then you go to the court of common please and appeal the prosecutor's
[54:43.160 --> 54:46.840]  decision to the court of common please.
[54:46.840 --> 54:51.200]  And if the court of common please rules against you, you can appeal all the way up to the
[54:51.200 --> 54:54.440]  supreme.
[54:54.440 --> 55:00.840]  And when you're talking in terms of politics, wow, that's wonderful.
[55:00.840 --> 55:08.800]  So the prescription I worked out was, is your attorney general in Pennsylvania has prosecutorial
[55:08.800 --> 55:10.380]  powers.
[55:10.380 --> 55:16.360]  So you file a complaint with the prosecutor and as you would always expect, the prosecutor
[55:16.360 --> 55:18.400]  refused to prosecute.
[55:18.400 --> 55:23.800]  So you file an appeal to the court of common please, then you file a complaint against
[55:23.800 --> 55:29.840]  the prosecutor for shielding from prosecution with the attorney general.
[55:29.840 --> 55:33.760]  The court of common please will deny your appeal.
[55:33.760 --> 55:39.400]  The attorney general will refuse to prosecute the prosecutor.
[55:39.400 --> 55:41.440]  So now you appeal them both.
[55:41.440 --> 55:45.680]  You go back to the court of common please with the criminal, I'm sorry, you go back
[55:45.680 --> 55:52.120]  to the prosecutor with a criminal complaint against the attorney general for not prosecuting
[55:52.120 --> 55:57.640]  the prosecutor and ask the prosecutor to recuse himself and cause the appointment of an attorney
[55:57.640 --> 56:05.040]  pro tem.
[56:05.040 --> 56:11.160]  Now the attorney general, he's going to get really unhappy.
[56:11.160 --> 56:16.360]  Here he ran interference for this pro tem chump prosecutor and now he's got somebody
[56:16.360 --> 56:21.720]  coming after him, filing criminally against him and is prepared to appeal it all the way
[56:21.720 --> 56:24.120]  up to the supreme.
[56:24.120 --> 56:28.160]  This person's going to black my eye big time the next time I run for office.
[56:28.160 --> 56:32.960]  There's a good chance this person will notice notify my opponent of this and they'll wave
[56:32.960 --> 56:39.680]  it in front of the public and he'll bring it up and I'll say, oh, well, that was all
[56:39.680 --> 56:45.040]  just unfounded problem.
[56:45.040 --> 56:48.680]  Perception is everything.
[56:48.680 --> 56:58.240]  In Pennsylvania you can generate a lot of politics and Leslie, that is so much fun.
[56:58.240 --> 57:00.880]  Oh yeah.
[57:00.880 --> 57:05.880]  Our attorney general here, she's been invited.
[57:05.880 --> 57:11.880]  Get better.
[57:11.880 --> 57:12.880]  You stir them up.
[57:12.880 --> 57:18.720]  They have enough, probably have enough bad politics going around already.
[57:18.720 --> 57:20.040]  You stir up some more.
[57:20.040 --> 57:27.760]  These guys are not going to want dirt slung at them and what they're going to consider
[57:27.760 --> 57:34.040]  is if the local court gives this woman the ruling that she wants, she will probably go
[57:34.040 --> 57:41.680]  away and leave us all alone.
[57:41.680 --> 57:46.480]  There's two different statutes under the criminal code.
[57:46.480 --> 57:50.280]  One is tampering with public records or information.
[57:50.280 --> 57:57.720]  If they intentionally or unlawfully destroy, conceal, remove or impair the royal receipt
[57:57.720 --> 58:03.840]  or availability of any record, document or thing for recording, public record.
[58:03.840 --> 58:13.760]  That almost exactly mimics Texas statute under 3710 penal code tampering government document.
[58:13.760 --> 58:16.000]  You probably have all of the code you need.
[58:16.000 --> 58:17.000]  Hang on.
[58:17.000 --> 58:18.000]  We're about to go to break.
[58:18.000 --> 58:19.880]  Ralph, Rob, Philippa, we see you there.
[58:19.880 --> 58:20.880]  We'll get to everybody.
[58:20.880 --> 58:21.880]  Hang on.
[58:21.880 --> 58:25.480]  This is Randy Kelton, Steve Skidmore, Roo Ra Radio.
[58:25.480 --> 58:29.440]  This is our top of the hour break so it's going to take a little longer.
[58:29.440 --> 58:34.840]  While we're on break, it would be helpful if you'd go to LogosRadioNetwork.com, look
[58:34.840 --> 58:40.520]  at our sponsors and help patronize our sponsors.
[58:40.520 --> 58:41.840]  Don't patronize us.
[58:41.840 --> 58:43.600]  I always get that wrong.
[58:43.600 --> 58:44.920]  Help keep us on the air.
[58:44.920 --> 58:45.920]  Okay.
[58:45.920 --> 58:50.320]  We'll be right back.
[58:50.320 --> 58:54.480]  Would you like to make more definite progress in your walk with God?
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[59:48.240 --> 01:00:03.120]  Live, free speech radio, logosradionetwork.com.
[01:00:03.120 --> 01:00:08.080]  You're listening to the Liberty Beat, your daily source for Liberty news and activist
[01:00:08.080 --> 01:00:09.080]  updates.
[01:00:09.080 --> 01:00:12.240]  Online at thelibertybeats.com.
[01:00:12.240 --> 01:00:17.200]  John Bush here with your Liberty Beat for Friday, April 3rd, 2015.
[01:00:17.200 --> 01:00:25.960]  Gold is trading around $1,202, silver around $16.76 and Bitcoin is trading around $254.
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[01:00:43.440 --> 01:00:51.920]  Just weeks after the World Health Organization found that the herbicide Glyphosphate is
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[01:00:56.780 --> 01:00:59.560]  new herbicide containing the chemical.
[01:00:59.560 --> 01:01:04.440]  On Tuesday, the EPA approved the use of Enlist Duo from Dow Chemical.
[01:01:04.440 --> 01:01:10.080]  Enlist Duo's active ingredients of Glyphosphate and 2,4-D, both of which have been linked
[01:01:10.080 --> 01:01:14.080]  to an increase in non-Hodgkin's Lymphoma.
[01:01:14.080 --> 01:01:20.320]  A state trooper with the Texas Department of Public Safety has been disciplined after
[01:01:20.320 --> 01:01:24.520]  he was spotted in an Instagram photo with rapper Snoop Dogg.
[01:01:24.520 --> 01:01:28.480]  The rap artist was in Austin for the South by Southwest Music Festival.
[01:01:28.480 --> 01:01:32.560]  The report stated that Trooper Spears was in need of counseling and his decision to
[01:01:32.560 --> 01:01:37.560]  take a photo with the public figure who has a well-known criminal background, quote, reflects
[01:01:37.560 --> 01:01:42.360]  poorly on the agency.
[01:01:42.360 --> 01:01:46.600]  The Associated Press has obtained only four emails sent between Hillary Clinton and her
[01:01:46.600 --> 01:01:50.560]  staff regarding drone strikes and surveillance programs.
[01:01:50.560 --> 01:01:55.240]  The news agency filed a Freedom of Information Act request in 2013.
[01:01:55.240 --> 01:01:59.440]  Although the emails say little concerning drones or surveillance, they do show Clinton
[01:01:59.440 --> 01:02:03.480]  used an iPad to email while she was Secretary of State.
[01:02:03.480 --> 01:02:12.760]  Clinton also asks for advice on condemning intelligence leaks in the provided emails.
[01:02:12.760 --> 01:02:17.680]  The Tennessee State Senate has voted to ban drones from recording images above ticketed
[01:02:17.680 --> 01:02:21.200]  events with more than 100 people in attendance.
[01:02:21.200 --> 01:02:25.360]  The measure was requested by the National Football League's Tennessee Titans.
[01:02:25.360 --> 01:02:30.080]  The bill also bans drones from flying over correctional facilities and through fireworks
[01:02:30.080 --> 01:02:31.760]  events.
[01:02:31.760 --> 01:02:35.960]  Information for the Liberty Beat comes from Central Texas Gunworks, your online source
[01:02:35.960 --> 01:02:39.720]  for firearms, firearm accessories, and ammunition.
[01:02:39.720 --> 01:02:43.480]  They take major credit cards and they take Bitcoin as well.
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[01:02:48.560 --> 01:02:52.680]  You're listening to the Liberty Beat for April 3rd, 2015.
[01:02:52.680 --> 01:02:58.640]  Follow us on Twitter at at the Liberty Beat and like us on Facebook at facebook.com slash
[01:02:58.640 --> 01:03:05.640]  D Liberty Beat.
[01:03:28.640 --> 01:03:43.920]  Okay, we are back, we're in Kelton, Steve Skidmore with our radio, Steve's not with
[01:03:43.920 --> 01:03:49.520]  us tonight, so you're all alone, and we're talking to Leslie in Pennsylvania.
[01:03:49.520 --> 01:03:50.520]  Okay.
[01:03:50.520 --> 01:03:51.520]  Hi.
[01:03:51.520 --> 01:03:52.520]  Okay.
[01:03:52.520 --> 01:03:53.520]  Now one more thing.
[01:03:53.520 --> 01:03:56.000]  I've come across something today.
[01:03:56.000 --> 01:04:01.520]  It says, judgment procured by fraud is void.
[01:04:01.520 --> 01:04:09.400]  And that is from long 182 F3D Act, 560 to 61.
[01:04:09.400 --> 01:04:21.600]  Now I found that interesting because every single foreclosure that includes MERS is void
[01:04:21.600 --> 01:04:24.520]  because it's done by fraud.
[01:04:24.520 --> 01:04:29.000]  And I hope that Jeff Sedgwick is listening.
[01:04:29.000 --> 01:04:33.640]  Jeff Sedgwick has a site, voidjudgments.com.
[01:04:33.640 --> 01:04:37.480]  You should go look at his site.
[01:04:37.480 --> 01:04:45.080]  What you just said was the judgment is void, not voidable.
[01:04:45.080 --> 01:04:46.080]  Exactly.
[01:04:46.080 --> 01:04:49.040]  Yeah, important distinction.
[01:04:49.040 --> 01:04:59.520]  A voidable judgment is one that stands unless one of the parties raises an issue concerning
[01:04:59.520 --> 01:05:01.200]  the judgment.
[01:05:01.200 --> 01:05:09.880]  A void judgment is one that's in violation of law or produced by fraud.
[01:05:09.880 --> 01:05:15.240]  And I'm sure that Jeff is going to come on and straighten me out on what I've missed.
[01:05:15.240 --> 01:05:23.920]  But he is the expert on void judgments, and I agree that for the most part, you are correct.
[01:05:23.920 --> 01:05:34.200]  But there are questions about MERS, and let me voice a couple of mine.
[01:05:34.200 --> 01:05:44.680]  MERS calls itself a nominee for the lender, but in fact MERS acts in the capacity of an
[01:05:44.680 --> 01:05:47.720]  agent for the lender.
[01:05:47.720 --> 01:05:57.360]  And when MERS acts as an agent for the lender, what MERS does is not necessarily wrong, fraudulent,
[01:05:57.360 --> 01:05:58.360]  or improper.
[01:05:58.360 --> 01:06:02.360]  I did say necessarily.
[01:06:02.360 --> 01:06:09.360]  So I have problems with a lot of the complaints I see people writing about MERS.
[01:06:09.360 --> 01:06:14.920]  They just treat MERS as if it's fraudulent on its face.
[01:06:14.920 --> 01:06:24.320]  Will you explain what it is that MERS does that is different from what a proper agent
[01:06:24.320 --> 01:06:33.520]  would do that would not be fraudulent in terms of transferring these notes around?
[01:06:33.520 --> 01:06:37.240]  They precatenate, well, number one, they're never who they say they are.
[01:06:37.240 --> 01:06:41.840]  The people that are transferring these documents are claiming they're doing it on behalf of
[01:06:41.840 --> 01:06:48.720]  the recorded lender who has no interest at the time of the assignment.
[01:06:48.720 --> 01:06:54.200]  That is generally the primary thing that MERS does.
[01:06:54.200 --> 01:07:02.520]  Now the person who's actually doing the transfer, they claim to be under contract with MERS
[01:07:02.520 --> 01:07:10.600]  to act in this capacity, although I have yet to be able to get evidence of power of attorney
[01:07:10.600 --> 01:07:18.880]  to show that this person actually does have the agency to act through MERS as an agent,
[01:07:18.880 --> 01:07:22.880]  which brings a question.
[01:07:22.880 --> 01:07:31.200]  If MERS is the agent, then can MERS transfer their power to someone else?
[01:07:31.200 --> 01:07:41.240]  Say an employee of Wells Fargo, can they contract with this employee to act as an agent in place
[01:07:41.240 --> 01:07:44.240]  of MERS?
[01:07:44.240 --> 01:07:51.280]  There's case law that says only the principal can appoint an agent, the agent cannot appoint
[01:07:51.280 --> 01:07:52.280]  another agent.
[01:07:52.280 --> 01:08:01.160]  Okay, even if they could do that, in looking at this thing of securitizing notes, you know,
[01:08:01.160 --> 01:08:05.720]  we've all heard all these stories about, the horror stories about the securities pools
[01:08:05.720 --> 01:08:11.680]  getting screwed around by the borrowers, I mean by the lenders, you'd think that this
[01:08:11.680 --> 01:08:19.840]  practice would have ceased, but it hasn't, it's increased.
[01:08:19.840 --> 01:08:27.120]  Apparently the big money investors really like this kind of investment.
[01:08:27.120 --> 01:08:38.720]  So almost every note that's written is written by someone claiming to be the lender, but
[01:08:38.720 --> 01:08:46.760]  living lies site calls them pretender lenders, because they're really not the lender.
[01:08:46.760 --> 01:08:49.240]  They're an agent for the lender.
[01:08:49.240 --> 01:08:53.360]  They don't have any of their money in the hunt, or they don't have a dog in hunt, they
[01:08:53.360 --> 01:08:59.400]  don't have any of their money in the loan, what they have behind them is a special purpose
[01:08:59.400 --> 01:09:00.400]  vehicle.
[01:09:00.400 --> 01:09:05.560]  And this special purpose vehicle is special purpose for the purpose of gathering together
[01:09:05.560 --> 01:09:11.040]  a bunch of notes so that they can pool them together into a trust.
[01:09:11.040 --> 01:09:15.960]  Well, so the lender comes out there and says, I want to make all these loans, but I don't
[01:09:15.960 --> 01:09:16.960]  have enough money.
[01:09:16.960 --> 01:09:21.620]  And the special purpose vehicle says, no problem, I got the money.
[01:09:21.620 --> 01:09:26.040]  You make the loan and I will fund it.
[01:09:26.040 --> 01:09:33.480]  So the lender comes to the table and says to the borrower, I will trade you this warranty
[01:09:33.480 --> 01:09:43.240]  deed for your promise to pay me X amount of money over wide amount of years.
[01:09:43.240 --> 01:09:50.640]  This is done under the implication that this person standing in front of you actually holds
[01:09:50.640 --> 01:09:58.560]  that document, actually owns the warranty deed, but they don't.
[01:09:58.560 --> 01:10:04.720]  Washington Mutuals put out a business because what the CIA discovered is that Washington
[01:10:04.720 --> 01:10:13.400]  Mutual stood as the pretender lender, but the money was not coming from Washington Mutual's
[01:10:13.400 --> 01:10:15.460]  Federal Reserve accounts.
[01:10:15.460 --> 01:10:21.840]  It was coming from Mexican and Colombian drug cartels.
[01:10:21.840 --> 01:10:24.960]  And they used this method to launder that money.
[01:10:24.960 --> 01:10:30.840]  Now, they had probably got away with it, but they were competing with the CIA in their
[01:10:30.840 --> 01:10:33.480]  drug sales.
[01:10:33.480 --> 01:10:37.600]  So if they had done it with somebody else besides the drug cartels, they'd probably
[01:10:37.600 --> 01:10:39.640]  got away with it.
[01:10:39.640 --> 01:10:46.800]  But the CIA shut them down because there was somebody behind them actually funding it.
[01:10:46.800 --> 01:10:53.920]  And the reason I brought that up is if you were dealing with a lender to secure a loan
[01:10:53.920 --> 01:11:02.080]  for your property and you have a well-developed moral center and they told you that I've got
[01:11:02.080 --> 01:11:09.600]  these people that are supplying me the money for this loan and yeah, they're somewhat criminal
[01:11:09.600 --> 01:11:16.120]  and we're just laundering their money, would you enter into that contract?
[01:11:16.120 --> 01:11:20.360]  Of course not.
[01:11:20.360 --> 01:11:24.120]  You wouldn't want to support those drug cartels.
[01:11:24.120 --> 01:11:31.760]  So in this case, in this circumstance, Merge steps in to hide the fact that these transfers
[01:11:31.760 --> 01:11:36.200]  are taking place in the background and that's going to make them make all of their transfers
[01:11:36.200 --> 01:11:44.440]  fraudulent because the lender who claims to be doing the transfer never owned that note
[01:11:44.440 --> 01:11:47.600]  in the first place.
[01:11:47.600 --> 01:11:51.720]  They never transferred it to anyone because they never got it.
[01:11:51.720 --> 01:11:59.840]  Special Purpose Vehicle got it at closing and it was already gone.
[01:11:59.840 --> 01:12:06.520]  Then the lender standing here still holding this security instrument, the problem the
[01:12:06.520 --> 01:12:15.360]  lender had was the Comptroller Longin presumes that the security instrument follows the note.
[01:12:15.360 --> 01:12:23.320]  So when the note is negotiated, the courts presume that the security instrument will
[01:12:23.320 --> 01:12:24.320]  follow it.
[01:12:24.320 --> 01:12:32.200]  The problem is the Merge system deliberately separated these two.
[01:12:32.200 --> 01:12:43.680]  So they breach the legislative intent and court presumption deliberately to hide the
[01:12:43.680 --> 01:12:50.680]  fact that changes in the beneficial interest of the note were not being recorded with the
[01:12:50.680 --> 01:12:58.400]  Registrar of Deeds as required by the Truth in Lending Act and that violates Order of
[01:12:58.400 --> 01:13:06.320]  Covenant 16 if you're in a Deed of Trust state, I think it's 14 or 15 if you're in a mortgage
[01:13:06.320 --> 01:13:07.320]  state.
[01:13:07.320 --> 01:13:19.160]  It's 14 in a Deed of Trust, 16 in a Judicial State.
[01:13:19.160 --> 01:13:26.480]  Okay well in our Deeds of Trust it comes up 16 and FHA is different.
[01:13:26.480 --> 01:13:34.160]  It moves around a little but all of them have this governing law and severability clause.
[01:13:34.160 --> 01:13:41.480]  The severability part severs any covenant that happens to violate state law then by
[01:13:41.480 --> 01:13:45.040]  this clause it's severed from the contract.
[01:13:45.040 --> 01:13:51.520]  But governing law is in all of them, both parties agree to abide by all governing law.
[01:13:51.520 --> 01:14:00.520]  Once they breach one of those contracts void, they default it or the contract is voidable.
[01:14:00.520 --> 01:14:08.760]  But if they file a document in the record that asserts something that's not true, that's
[01:14:08.760 --> 01:14:14.160]  void on its face and that's exactly what Merge did.
[01:14:14.160 --> 01:14:19.640]  Okay I'm going to shut up now, I could spend two days on this subject.
[01:14:19.640 --> 01:14:24.160]  There's another pro se in this area.
[01:14:24.160 --> 01:14:33.240]  I think he files in New Jersey and he's got a case very similar to mine in that they rescinded
[01:14:33.240 --> 01:14:41.160]  the mortgage and they've been going round and round and their foreclosure came up against
[01:14:41.160 --> 01:14:45.200]  them, you know what I mean, and they went to a court of appeals that took them two years
[01:14:45.200 --> 01:14:47.480]  to get an answer from the court of appeals.
[01:14:47.480 --> 01:14:59.320]  Now he found out about all the fraud and everything through this litigation and he found out that
[01:14:59.320 --> 01:15:09.040]  there is one form that you file and it voids everything because there was fraud during
[01:15:09.040 --> 01:15:17.520]  the litigation because Fannie Mae was involved and it was never disclosed, that voids the
[01:15:17.520 --> 01:15:22.560]  judgment and he's filing that back in the original court.
[01:15:22.560 --> 01:15:27.520]  I'll have to send it to you, I got it today.
[01:15:27.520 --> 01:15:33.760]  Yes, send me a link to his pleasings, that would be great to look at.
[01:15:33.760 --> 01:15:36.440]  Maybe we can get him on the show.
[01:15:36.440 --> 01:15:42.760]  Yeah, he's pretty decent, he's a nice guy, but I was talking to him today and that was
[01:15:42.760 --> 01:15:43.760]  pretty cool.
[01:15:43.760 --> 01:15:47.360]  Okay, do you have anything else for us?
[01:15:47.360 --> 01:15:55.520]  No, that's it, I just thought it was, you know, that's why that fraud voids the judgment
[01:15:55.520 --> 01:16:01.520]  was important to me because I thought, oh, how about that, you know, that's why that
[01:16:01.520 --> 01:16:02.520]  came up.
[01:16:02.520 --> 01:16:10.240]  Anyway, I will send you his documents and let you see what they look like.
[01:16:10.240 --> 01:16:15.920]  Thank you very much Leslie and keep us up to date on your occurrences in this, I'm looking
[01:16:15.920 --> 01:16:18.920]  forward to see how the court responds to it.
[01:16:18.920 --> 01:16:22.080]  Okay, on to the go.
[01:16:22.080 --> 01:16:28.000]  Thank you Ms. Leslie, now we're going to Ralph in Texas, hello Ralph, what do you have for
[01:16:28.000 --> 01:16:29.000]  us tonight?
[01:16:29.000 --> 01:16:33.680]  Rue La La Radio, great resource, I appreciate it.
[01:16:33.680 --> 01:16:41.960]  Okay, well we got you in, but your time just ran out, hang on, we're about to go to break.
[01:16:41.960 --> 01:16:48.240]  I'll pick you up on the other side, this is Randy Kelton, Deborah Stevens, Deborah Stevens,
[01:16:48.240 --> 01:16:54.880]  Randy Kelton, Steve Skidmore, Rue La La Radio, I'll call you at number 512-646-1984 and I'll
[01:16:54.880 --> 01:17:00.960]  try to stop tripping over my tongue, you'll be right back.
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[01:19:25.960 --> 01:19:26.960]  Okay, we are back.
[01:19:26.960 --> 01:19:32.520]  Randy Kelton and Steve Skidmore with our radio and we're talking to Ralph in Texas.
[01:19:32.520 --> 01:19:35.520]  Okay, go ahead, Ralph, we're going to cut you off there.
[01:19:35.520 --> 01:19:36.520]  That's okay.
[01:19:36.520 --> 01:19:42.720]  Randy, I've got three things, whatever we can cover, I would appreciate.
[01:19:42.720 --> 01:19:48.520]  And last night I was listening and you were covering some things I don't normally get
[01:19:48.520 --> 01:19:54.120]  into, but someone called in about a bar grievance, do you remember that?
[01:19:54.120 --> 01:19:57.120]  Yes, I do.
[01:19:57.120 --> 01:19:58.120]  Okay.
[01:19:58.120 --> 01:20:03.120]  So this guy, if I understood him correctly, I was listening from across the room.
[01:20:03.120 --> 01:20:11.120]  So he's saying that you could do a bar grievance on the attorney that rejected your bar grievance.
[01:20:11.120 --> 01:20:14.120]  Did I hear that right?
[01:20:14.120 --> 01:20:17.120]  Oh, that was Rob and Rob is the next caller.
[01:20:17.120 --> 01:20:20.120]  Hang on just a second.
[01:20:20.120 --> 01:20:23.120]  Rob, are you there?
[01:20:23.120 --> 01:20:24.120]  I'm here.
[01:20:24.120 --> 01:20:29.120]  Okay, Ralph is just called referencing your call last night.
[01:20:29.120 --> 01:20:30.120]  Go ahead, Ralph.
[01:20:30.120 --> 01:20:33.120]  This is the guy that called in that you were talking about.
[01:20:33.120 --> 01:20:38.120]  Okay, Rob, I didn't catch your name last night because I was listening across the room.
[01:20:38.120 --> 01:20:45.120]  But anyway, I kind of, you know, I heard that and I was thinking, wow, this is what I needed
[01:20:45.120 --> 01:20:46.120]  to hear.
[01:20:46.120 --> 01:20:53.120]  And I put your two plus my two together and I said, well, why can't I do a bar grievance
[01:20:53.120 --> 01:21:03.120]  against the OAG's open records attorneys for rejecting my request that the governmental
[01:21:03.120 --> 01:21:10.120]  body that I am trying to get information from is calling up exceptions that are not really
[01:21:10.120 --> 01:21:11.120]  exceptions.
[01:21:11.120 --> 01:21:14.120]  What do you think?
[01:21:14.120 --> 01:21:25.120]  Actually, we have, we have bar grieved attorney, the general attorneys before.
[01:21:25.120 --> 01:21:30.120]  And these are generally attorneys that are fresh out of law school and they've got this
[01:21:30.120 --> 01:21:33.120]  huge student loan to pay off.
[01:21:33.120 --> 01:21:40.120]  And we come in bar grievance and it just makes them nuts because they're going to try to
[01:21:40.120 --> 01:21:44.120]  get the attorney general a while and then go out and go to work for a law firm.
[01:21:44.120 --> 01:21:48.120]  Those bar grievances on their record is going to sting them.
[01:21:48.120 --> 01:21:51.120]  Go ahead, Rob, I kind of cut you off.
[01:21:51.120 --> 01:21:52.120]  No, that's fine.
[01:21:52.120 --> 01:21:56.120]  I mean, what I was saying was, you know, one of the standards is that if an attorney is
[01:21:56.120 --> 01:22:00.120]  aware of another attorney's misconduct, he has duty to report it.
[01:22:00.120 --> 01:22:07.120]  And so what I was thinking is that when these members of the bar refuse to act against attorneys
[01:22:07.120 --> 01:22:14.120]  who have committed violations of their code of conduct, then they're liable for that violation.
[01:22:14.120 --> 01:22:19.120]  Now, what he's talking about with the attorney general and not responding properly to the
[01:22:19.120 --> 01:22:23.120]  request would be a different issue, but absolutely, I'd bar grievance for it.
[01:22:23.120 --> 01:22:32.120]  Well, since a lot of people are having trouble with the OAG open records attorneys siding
[01:22:32.120 --> 01:22:38.120]  with the governmental bodies, it seems like that pool of attorneys that are at the OAG
[01:22:38.120 --> 01:22:44.120]  open records division, if we started bar grieving them, they would pay much more close attention
[01:22:44.120 --> 01:22:49.120]  to the rules and what the people are asking them to do.
[01:22:49.120 --> 01:22:55.120]  Well, let me cast a little different light on that subject.
[01:22:55.120 --> 01:23:04.120]  The lawyer working for the attorney general is essentially the attorney general himself
[01:23:04.120 --> 01:23:09.120]  in the capacity of respondeat superior.
[01:23:09.120 --> 01:23:19.120]  If the attorney renders an opinion for respondeat superior, and that opinion has the effect
[01:23:19.120 --> 01:23:28.120]  of denying you in your right to public access to records, the Open Records Act or the Freedom
[01:23:28.120 --> 01:23:34.120]  of Information Act in Texas is not a civil statute.
[01:23:34.120 --> 01:23:37.120]  It's a criminal statute.
[01:23:37.120 --> 01:23:43.120]  A violation of the act is a class A misdemeanor in the state of Texas.
[01:23:43.120 --> 01:23:46.120]  Does that give you some ideas?
[01:23:46.120 --> 01:23:50.120]  Well, it gives me some ideas, but I still don't know where to go with it.
[01:23:50.120 --> 01:23:52.120]  Oh, that's easy.
[01:23:52.120 --> 01:24:02.120]  I just yesterday went to the district attorney in Tarrant County and filed criminal charges
[01:24:02.120 --> 01:24:12.120]  against the district attorney in Dallas County for what he did in Dallas County.
[01:24:12.120 --> 01:24:23.120]  So the question before the Tarrant County district attorney is, is there a venue restriction
[01:24:23.120 --> 01:24:27.120]  for grand jurors?
[01:24:27.120 --> 01:24:30.120]  I can't find one.
[01:24:30.120 --> 01:24:41.120]  So if you have an issue against a lawyer in Travis County, what's to prevent you from
[01:24:41.120 --> 01:24:49.120]  filing a complaint against that lawyer in Dallas County or Victoria County or Harris
[01:24:49.120 --> 01:24:52.120]  or Hayes or anywhere?
[01:24:52.120 --> 01:24:53.120]  Okay, Randy.
[01:24:53.120 --> 01:24:57.120]  Expand on the charge.
[01:24:57.120 --> 01:25:01.120]  Judges, same way.
[01:25:01.120 --> 01:25:06.120]  Judges have a limited discretion.
[01:25:06.120 --> 01:25:12.120]  And if we start filing against these judges and prosecutors and other public officials
[01:25:12.120 --> 01:25:22.120]  in counties other than the county where they're employed, that is going to terrify them.
[01:25:22.120 --> 01:25:28.120]  Now, your local district attorney may protect the people he works with, but he don't work
[01:25:28.120 --> 01:25:31.120]  with those guys.
[01:25:31.120 --> 01:25:36.120]  The Tarrant County district attorney doesn't work with the Dallas County district attorney.
[01:25:36.120 --> 01:25:41.120]  Oh, they probably know each other and they probably have some interaction, but they don't
[01:25:41.120 --> 01:25:43.120]  work with each other.
[01:25:43.120 --> 01:25:49.120]  They're not part of that same good old boy network, even if they are.
[01:25:49.120 --> 01:25:56.120]  The perception these public officials are going to have is that this scoundrel can take
[01:25:56.120 --> 01:26:05.120]  that complaint against me and file it in every one of the 254 counties in the state of Texas.
[01:26:05.120 --> 01:26:08.120]  And he can keep filing that complaint.
[01:26:08.120 --> 01:26:13.120]  If he doesn't get a true bill, then he can go back and add more facts to it and change
[01:26:13.120 --> 01:26:19.120]  the wording around and send it back again until he does get an indictment.
[01:26:19.120 --> 01:26:25.120]  What's the odds when you're sending a complaint to 254 counties?
[01:26:25.120 --> 01:26:33.120]  Especially if you have a well-crafted, well-documented complaint.
[01:26:33.120 --> 01:26:35.120]  Okay, where does that base start?
[01:26:35.120 --> 01:26:38.120]  I'm missing something here.
[01:26:38.120 --> 01:26:50.120]  Okay, here's the thing about grand jury venue is you won't find it anywhere.
[01:26:50.120 --> 01:26:57.120]  And the reason you won't find it anywhere is it doesn't exist.
[01:26:57.120 --> 01:27:03.120]  We're talking about a venue restriction, a district judge in panels at grand jury.
[01:27:03.120 --> 01:27:07.120]  The district judge is a state judge.
[01:27:07.120 --> 01:27:12.120]  But once when we had circuit judges, the judge traveled all over the state.
[01:27:12.120 --> 01:27:17.120]  But once the state got more populated, they had to hire more judges.
[01:27:17.120 --> 01:27:21.120]  So they gave the judges specific venues.
[01:27:21.120 --> 01:27:30.120]  While they were state judges, they restricted their venue to a specified location.
[01:27:30.120 --> 01:27:35.120]  While it is that state judge that impanels that state grand jury,
[01:27:35.120 --> 01:27:44.120]  there's nothing in law that transfers a venue restriction to the grand jury.
[01:27:44.120 --> 01:27:47.120]  Nothing.
[01:27:47.120 --> 01:27:52.120]  And if the legislature intended that grand juries only hear complaints
[01:27:52.120 --> 01:27:58.120]  that occurred in a specific venue, they would have said so.
[01:27:58.120 --> 01:28:01.120]  But they didn't.
[01:28:01.120 --> 01:28:11.120]  That tells me any grand jury can hear any complaint from anywhere in the state of Texas.
[01:28:11.120 --> 01:28:16.120]  Ralph, does that give you some ideas?
[01:28:16.120 --> 01:28:19.120]  Well, yeah.
[01:28:19.120 --> 01:28:30.120]  If you've got a Republican public official, go file with a Democratic district attorney.
[01:28:30.120 --> 01:28:32.120]  That's funny.
[01:28:32.120 --> 01:28:36.120]  And then when the district attorney doesn't act in accordance with Article 203,
[01:28:36.120 --> 01:28:44.120]  you could start filing against him in his own county, create a lot of political uproar against him
[01:28:44.120 --> 01:28:48.120]  for protecting this guy down in the other side of the state.
[01:28:48.120 --> 01:28:52.120]  Who do you think is going to get thrown under the bus here?
[01:28:52.120 --> 01:28:55.120]  Low man on the totem pole.
[01:28:55.120 --> 01:29:00.120]  So we do have some options here.
[01:29:00.120 --> 01:29:03.120]  This is mainly what we were talking about last night.
[01:29:03.120 --> 01:29:07.120]  This was a group of people who felt like they didn't have any options
[01:29:07.120 --> 01:29:12.120]  because they were still accustomed to going to the government
[01:29:12.120 --> 01:29:21.120]  and asking and expecting the government to protect them, to look out for their well-being.
[01:29:21.120 --> 01:29:24.120]  And that's a fallacy.
[01:29:24.120 --> 01:29:26.120]  Government will do no such thing.
[01:29:26.120 --> 01:29:31.120]  A policeman is very quick to tell you he has no duty to protect you.
[01:29:31.120 --> 01:29:33.120]  I became a chief of police recently.
[01:29:33.120 --> 01:29:36.120]  Yes, I know you have no duty to protect me.
[01:29:36.120 --> 01:29:38.120]  I got the law for that.
[01:29:38.120 --> 01:29:40.120]  I don't need you to protect me.
[01:29:40.120 --> 01:29:42.120]  I need you to enforce the law.
[01:29:42.120 --> 01:29:44.120]  That's enough.
[01:29:44.120 --> 01:29:46.120]  And you do have a duty to do that.
[01:29:46.120 --> 01:29:49.120]  Hang on, Randy Kelton, Steve Stidmore, We'll Go Radio,
[01:29:49.120 --> 01:29:52.120]  or call at number 512-646-1984.
[01:29:52.120 --> 01:30:00.120]  We'll be right back.
[01:30:00.120 --> 01:30:04.120]  Bill Gates is infamous for the bugs in his Microsoft products.
[01:30:04.120 --> 01:30:06.120]  Now he's associated with a different kind of bug,
[01:30:06.120 --> 01:30:10.120]  genetically modified mosquitoes with killer properties.
[01:30:10.120 --> 01:30:14.120]  I'm Dr. Catherine Albrecht, and I'll be back with a buzz on this story in just a moment.
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[01:30:44.120 --> 01:30:46.120]  Genetically modified food is bad enough,
[01:30:46.120 --> 01:30:50.120]  but now we may have to contend with genetically modified insects.
[01:30:50.120 --> 01:30:54.120]  The Bill Gates Foundation is helping fund a United Nations plan
[01:30:54.120 --> 01:30:59.120]  to eradicate dengue fever and other tropical diseases using genetically modified mosquitoes.
[01:30:59.120 --> 01:31:03.120]  The insects would contain an inserted bacterium or genetic alteration
[01:31:03.120 --> 01:31:06.120]  to make them sterile or unable to transmit disease.
[01:31:06.120 --> 01:31:10.120]  Critics worry these mosquitoes could multiply and escape control of their handlers,
[01:31:10.120 --> 01:31:14.120]  much like killer bees, but the UN calls these concerns alarmist.
[01:31:14.120 --> 01:31:18.120]  Given the mosquitoes transmit germs directly to the human bloodstream,
[01:31:18.120 --> 01:31:23.120]  do we really want clouds of Frankenbugs full of genetically modified bacteria on the loose?
[01:31:23.120 --> 01:31:30.120]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.120 --> 01:31:36.120]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.120 --> 01:31:38.120]  The government says that fire brought it down.
[01:31:38.120 --> 01:31:43.120]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.120 --> 01:31:46.120]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.120 --> 01:31:49.120]  Thousands of my fellow first responders have died.
[01:31:49.120 --> 01:31:51.120]  I'm not a conspiracy theorist. I'm a structural engineer.
[01:31:51.120 --> 01:31:53.120]  I'm a New York City correction officer. I'm an Air Force pilot.
[01:31:53.120 --> 01:31:58.120]  I'm a father who lost his son. We're Americans, and we deserve the truth.
[01:31:58.120 --> 01:32:01.120]  Go to RememberBuilding7.org today.
[01:32:01.120 --> 01:32:05.120]  After work, I'm so tired that I want to be left alone to sleep.
[01:32:05.120 --> 01:32:08.120]  Hey, listen to me! Who are you?
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[01:33:23.120 --> 01:33:24.120]  Okay, we are back.
[01:33:24.120 --> 01:33:31.120]  Randy Felton, Steve Skidmore, Wheelbarrow Radio, and we're talking to Ralph and Rob.
[01:33:31.120 --> 01:33:38.120]  Okay, Ralph, can I give you some ideas of how to take them?
[01:33:38.120 --> 01:33:46.120]  I'd like to say thanks to Rob for calling in last night and making his input about the bar grievances.
[01:33:46.120 --> 01:33:52.120]  And I'd like to remind people that as soon as rural law radio gets up on the air,
[01:33:52.120 --> 01:34:00.120]  there'll be more and more people like Rob with information to share 24 hours a day, seven days a week.
[01:34:00.120 --> 01:34:04.120]  And that's what I'm thinking anyway. So thanks, Rob, you got me to thinking.
[01:34:04.120 --> 01:34:10.120]  And so I'm going to do some bar grievances about the attorneys at OAG.
[01:34:10.120 --> 01:34:16.120]  Now, changing subject a little bit, Randy, I know you have some experience in this area.
[01:34:16.120 --> 01:34:25.120]  I wanted to ask you about going to look at case files and being denied access to them.
[01:34:25.120 --> 01:34:29.120]  Wait, say that again. I missed part of that. Going to make a what?
[01:34:29.120 --> 01:34:35.120]  Going to look at your own case file and being denied access.
[01:34:35.120 --> 01:34:40.120]  Oh, yes. I've had great fun with that.
[01:34:40.120 --> 01:34:49.120]  Yeah, it blew me away. I've got a Class C misdemeanor, criminal Class C misdemeanor.
[01:34:49.120 --> 01:34:54.120]  And I have never seen the file. It started in August of last year.
[01:34:54.120 --> 01:35:06.120]  And this week I went to look at the file and the JP clerk said that the district attorney had the file and she didn't have it.
[01:35:06.120 --> 01:35:09.120]  So I looked at what she did have and she didn't have anything there.
[01:35:09.120 --> 01:35:14.120]  She didn't have any of the papers I thought, which was a Brady motion among other things.
[01:35:14.120 --> 01:35:22.120]  So I went to see the district attorney. The district attorney said I could not see the file because I was not an attorney.
[01:35:22.120 --> 01:35:26.120]  I called 9-1-1.
[01:35:26.120 --> 01:35:32.120]  I have had so much fun. You haven't lived until you've called 9-1-1 on a public official.
[01:35:32.120 --> 01:35:36.120]  Lake Worth, Texas, Jacqueline Wright, JP.
[01:35:36.120 --> 01:35:47.120]  I went to see some eviction filings and the clerks gave me a bit of a hard time, but they finally brought me the records.
[01:35:47.120 --> 01:35:54.120]  And while I'm looking at the records, Jacqueline Wright came over and said, Mr. Kelton, you can't look at those.
[01:35:54.120 --> 01:36:00.120]  You are a security risk. I said, me? I'm a security risk? Yes, you're a security risk.
[01:36:00.120 --> 01:36:03.120]  And I can't look at these files. And this is a file I already have open.
[01:36:03.120 --> 01:36:07.120]  No, you can't look at those files. So I closed the file, slid it across the counter.
[01:36:07.120 --> 01:36:11.120]  And the JP had kind of sidled up beside us. He's on the other side of the glass.
[01:36:11.120 --> 01:36:20.120]  And I said, JP, the bailiff. I said, Mr. Bailiff, did you hear that? Yes, Mr. Kelton, I did.
[01:36:20.120 --> 01:36:26.120]  Arrest that woman. Why can't you arrest her? This is her court.
[01:36:26.120 --> 01:36:30.120]  So you are mistaken. This is my court.
[01:36:30.120 --> 01:36:34.120]  And I very generously allow her to administer the court in my law.
[01:36:34.120 --> 01:36:37.120]  And she just violated one, and she did it in your sight and in your presence.
[01:36:37.120 --> 01:36:42.120]  Arrest her. And oh, the dance started.
[01:36:42.120 --> 01:36:49.120]  He starts doing this little chicken dance where he's shifting from one foot to the other.
[01:36:49.120 --> 01:36:55.120]  He wound up taking me to his boss, and I asked his boss to arrest him.
[01:36:55.120 --> 01:36:59.120]  His boss refused, so I went across his sheriff's department.
[01:36:59.120 --> 01:37:06.120]  I had so much fun. It should have been illegal.
[01:37:06.120 --> 01:37:10.120]  Randall County, I wanted to see the physical documents.
[01:37:10.120 --> 01:37:14.120]  They want me to look in the public. They want me to look in their computer.
[01:37:14.120 --> 01:37:18.120]  She said she didn't have the personnel or the time to mess with me.
[01:37:18.120 --> 01:37:23.120]  I'd have to look in the computer. I said, wait right there.
[01:37:23.120 --> 01:37:28.120]  Don't go anywhere. Somebody's going to want to talk to you.
[01:37:28.120 --> 01:37:32.120]  I walked over, opened the door, pointed at this bailiff. You, come here.
[01:37:32.120 --> 01:37:36.120]  I said, Ms. Clerk, I want to see those records I asked for.
[01:37:36.120 --> 01:37:38.120]  I told you I don't have the time of their personnel.
[01:37:38.120 --> 01:37:40.120]  You'll have to look in the computer.
[01:37:40.120 --> 01:37:42.120]  Mr. Bailiff, did you hear that?
[01:37:42.120 --> 01:37:45.120]  Yes, Mr. Calvin, I did. Arrest that woman.
[01:37:45.120 --> 01:37:48.120]  Why can't I arrest a clerk? Of course you can.
[01:37:48.120 --> 01:37:51.120]  Just tow the cuffs on her and drag her off to jail.
[01:37:51.120 --> 01:37:55.120]  Heck, you don't know how far to go. It's only a couple of blocks over.
[01:37:55.120 --> 01:38:01.120]  I always try to be somewhat lighthearted.
[01:38:01.120 --> 01:38:05.120]  They take this very seriously.
[01:38:05.120 --> 01:38:07.120]  I don't.
[01:38:07.120 --> 01:38:10.120]  And that terrifies them.
[01:38:10.120 --> 01:38:14.120]  They're thinking, what does this chump know that I don't?
[01:38:14.120 --> 01:38:19.120]  Well, they found out because he brought his lieutenant and his lieutenant refused to take a complaint.
[01:38:19.120 --> 01:38:23.120]  So I got his card and called the sheriff's department
[01:38:23.120 --> 01:38:28.120]  and asked them to send a deputy over to take my complaint against both of these.
[01:38:28.120 --> 01:38:31.120]  I went and sat down and I'm writing a complaint.
[01:38:31.120 --> 01:38:36.120]  Bailiff came over, a young kid, and he said, Mr. Calvin, you're going to have to leave the building.
[01:38:36.120 --> 01:38:38.120]  I looked up at him, beat it.
[01:38:38.120 --> 01:38:41.120]  I go back to writing, Mr. Calvin, you're creating disturbance.
[01:38:41.120 --> 01:38:43.120]  You're going to have to leave the building.
[01:38:43.120 --> 01:38:46.120]  I looked up, get lost.
[01:38:46.120 --> 01:38:50.120]  And the sergeant came over and said, leave him alone, leave him alone.
[01:38:50.120 --> 01:38:54.120]  He's just trying to get you to do something so he can file charges against you.
[01:38:54.120 --> 01:39:00.120]  I looked up and said, he's a really smart guy, you should listen to him.
[01:39:00.120 --> 01:39:05.120]  And they start to walk away and this lieutenant and the clerk came out.
[01:39:05.120 --> 01:39:09.120]  The clerk has a stack of documents in her hand.
[01:39:09.120 --> 01:39:11.120]  The lieutenant starts to say something.
[01:39:11.120 --> 01:39:14.120]  I held up both hands in my palms out, stop, stop, stop.
[01:39:14.120 --> 01:39:17.120]  I can't talk to you.
[01:39:17.120 --> 01:39:20.120]  I'll be filing criminal charges against both of you.
[01:39:20.120 --> 01:39:26.120]  And when the officer gets here, I will give him a police statement, a complete statement,
[01:39:26.120 --> 01:39:30.120]  but it would be inappropriate to talk to you at this point.
[01:39:30.120 --> 01:39:34.120]  The sergeant said, well, she has the records you asked for.
[01:39:34.120 --> 01:39:41.120]  I looked up at him and said, sorry, Bubba, that bill's already been rung.
[01:39:41.120 --> 01:39:49.120]  The look on the clerk's face was absolutely priceless.
[01:39:49.120 --> 01:39:56.120]  She had this look, I don't believe this is happening to me.
[01:39:56.120 --> 01:40:02.120]  You have to be careful, Ralph, this is so much fun, you can get addicted to it.
[01:40:02.120 --> 01:40:06.120]  Well, I have my ups and downs with it, yeah.
[01:40:06.120 --> 01:40:11.120]  But understand, you're the master, they're the servants.
[01:40:11.120 --> 01:40:18.120]  Never ask them to do anything you actually want them to do
[01:40:18.120 --> 01:40:27.120]  because you never ask them to do anything that the law does not specifically command them to do.
[01:40:27.120 --> 01:40:32.120]  Always do your homework first so that when they don't do what you ask them to do,
[01:40:32.120 --> 01:40:40.120]  instead of feeling betrayed and mistreated and wind up getting frustrated and angry,
[01:40:40.120 --> 01:40:48.120]  you wind up trying to keep from chuckling at them because you got this little invisible tar baby
[01:40:48.120 --> 01:40:53.120]  and you just held it out to them and give them the opportunity to touch it
[01:40:53.120 --> 01:40:56.120]  because when they touch it, they're going to stick to it
[01:40:56.120 --> 01:41:00.120]  and now you're going to go to their boss or the next up the line,
[01:41:00.120 --> 01:41:05.120]  you're going to try to get him to touch it and you drag them all with you.
[01:41:05.120 --> 01:41:11.120]  And before long, they get the impression, this scoundrel,
[01:41:11.120 --> 01:41:15.120]  when he comes in the office, all he's trying to do is get you to do something
[01:41:15.120 --> 01:41:19.120]  so he can file criminal charges against you.
[01:41:19.120 --> 01:41:21.120]  And they're right, I am.
[01:41:21.120 --> 01:41:24.120]  Yeah, that's the fun part.
[01:41:24.120 --> 01:41:31.120]  The better part is that like I've got how many dozens of criminal complaints I'm trying to juggle, you know.
[01:41:31.120 --> 01:41:38.120]  Okay, start writing them up very carefully. Look at jurisimprudence.com.
[01:41:38.120 --> 01:41:43.120]  I have some examples of criminal complaints up there.
[01:41:43.120 --> 01:41:48.120]  You write a statement of facts as an affidavit
[01:41:48.120 --> 01:41:55.120]  and you write the statement and make allegations in the verbiage of the statute
[01:41:55.120 --> 01:41:59.120]  and then quote the statute.
[01:41:59.120 --> 01:42:03.120]  Look on there, pull down the Cherokee County,
[01:42:03.120 --> 01:42:08.120]  right on the very top of jurisimprudence.com, there's a link to Cherokee County.
[01:42:08.120 --> 01:42:13.120]  And it shows how I did that. I wrote the statement of facts,
[01:42:13.120 --> 01:42:18.120]  but the statement of facts essentially made a criminal accusation,
[01:42:18.120 --> 01:42:20.120]  one right after the other after the other.
[01:42:20.120 --> 01:42:26.120]  They did this and this amounted to a violation of this particular statute.
[01:42:26.120 --> 01:42:29.120]  And then I took out the criminal complaint form
[01:42:29.120 --> 01:42:35.120]  and went in and grabbed this section of the affidavit and dropped it in the criminal complaint form
[01:42:35.120 --> 01:42:45.120]  and then said, based on the above, I charge that this person committed this act in violation of this statute.
[01:42:45.120 --> 01:42:53.120]  And sometimes the statement would amount to two or three different allegations.
[01:42:53.120 --> 01:43:01.120]  So I would use the same form and just change what statute I'm accusing him of.
[01:43:01.120 --> 01:43:04.120]  Look at that, you'll see it works out real clean.
[01:43:04.120 --> 01:43:10.120]  And when you cite code in there, chapter and verse, this is the statute,
[01:43:10.120 --> 01:43:14.120]  this is what he's required to do, this is what he didn't do,
[01:43:14.120 --> 01:43:18.120]  it makes it real hard for them to deal with.
[01:43:18.120 --> 01:43:27.120]  The better you do your job, the more negative influence it's going to have on them.
[01:43:27.120 --> 01:43:32.120]  And start giving it to grand juries.
[01:43:32.120 --> 01:43:35.120]  You don't care if they interfere with you, so what?
[01:43:35.120 --> 01:43:40.120]  Good, you get more names to put on it. It's all political.
[01:43:40.120 --> 01:43:46.120]  Every time you go down there and mess with them, all the phones and all over the county light up
[01:43:46.120 --> 01:43:49.120]  and they tell everybody what you did to them.
[01:43:49.120 --> 01:43:52.120]  Just hang on, we'll be right back, this is Radio Kelton.
[01:43:52.120 --> 01:44:00.120]  Steve Skidmore, Real World Radio, I'll call you number 512-646-1984, we'll be right back.
[01:44:00.120 --> 01:44:04.120]  You feel tired when talking about important topics like money and politics?
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[01:44:13.120 --> 01:44:19.120]  Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity at an early age.
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[01:46:05.120 --> 01:46:23.120]  Thank you.
[01:46:23.120 --> 01:46:24.120]  Okay, we are back.
[01:46:24.120 --> 01:46:26.120]  Randy Kelton, David Stevens.
[01:46:26.120 --> 01:46:30.120]  Randy Kelton, Steve Skidmore, who happens not to be here.
[01:46:30.120 --> 01:46:34.120]  And we're talking to Ralph in Texas.
[01:46:34.120 --> 01:46:42.120]  And if I kind of run on about this subject, it just kind of happens to be my favorite subject.
[01:46:42.120 --> 01:46:50.120]  Because not only is it fun, this is how we will change the system.
[01:46:50.120 --> 01:46:58.120]  Last August, I had two chair steppes at the metal detector, the old courthouse in Fort Worth,
[01:46:58.120 --> 01:47:06.120]  dragged me outside, slammed me to the pavement, smashed my face into the concrete.
[01:47:06.120 --> 01:47:15.120]  And when I hit the concrete, I was thinking, boy, are you guys going to wish you hadn't done that.
[01:47:15.120 --> 01:47:24.120]  So even when they did that to me, I wasn't angry because everything I'm doing is setting them up.
[01:47:24.120 --> 01:47:32.120]  If you start thinking that way and think of it, everything's political.
[01:47:32.120 --> 01:47:36.120]  How much politics can you create?
[01:47:36.120 --> 01:47:43.120]  How many people can you get P.O.ed at this guy that sick G want him?
[01:47:43.120 --> 01:47:49.120]  Does that make sense, Ralph?
[01:47:49.120 --> 01:47:52.120]  Yeah.
[01:47:52.120 --> 01:47:59.120]  Okay. And would you like, if you'd like, I can get you in contact with Rob.
[01:47:59.120 --> 01:48:03.120]  Maybe you guys can collaborate.
[01:48:03.120 --> 01:48:05.120]  You there, Rob?
[01:48:05.120 --> 01:48:06.120]  I'm still here.
[01:48:06.120 --> 01:48:12.120]  Yeah, if he's up there, yeah, because it sounds like he's got some pretty good ideas about these bar grievances, yeah.
[01:48:12.120 --> 01:48:16.120]  Yeah. If you will send me an email.
[01:48:16.120 --> 01:48:20.120]  Rob, I've got your email, haven't I?
[01:48:20.120 --> 01:48:21.120]  Yeah, you should.
[01:48:21.120 --> 01:48:26.120]  Okay, yeah. If you'll send me an email, Ralph, I'll forward it to Rob.
[01:48:26.120 --> 01:48:27.120]  Hey, Rob, that's up to you.
[01:48:27.120 --> 01:48:29.120]  Rob, you don't owe me anything.
[01:48:29.120 --> 01:48:32.120]  But I do have one more question tonight.
[01:48:32.120 --> 01:48:34.120]  More than happy.
[01:48:34.120 --> 01:48:35.120]  Okay, great.
[01:48:35.120 --> 01:48:37.120]  We'll do some networking, yeah.
[01:48:37.120 --> 01:48:40.120]  Okay. You have another question, Ralph?
[01:48:40.120 --> 01:48:41.120]  One more question.
[01:48:41.120 --> 01:48:45.120]  If you could just touch on this cursory, I would appreciate it, okay?
[01:48:45.120 --> 01:48:46.120]  Okay.
[01:48:46.120 --> 01:48:53.120]  I've done no research on this, but I feel like I should know a little bit, and I thought maybe you could just hit the highlights on it.
[01:48:53.120 --> 01:48:59.120]  This is pre-lawsuit discovery, specifically.
[01:48:59.120 --> 01:49:03.120]  I think, okay, pre-litigation discovery.
[01:49:03.120 --> 01:49:12.120]  I think it's Texas Rule of Civil Procedure 241, if I remember right.
[01:49:12.120 --> 01:49:18.120]  Discovery for the purpose of preserving evidence.
[01:49:18.120 --> 01:49:19.120]  Okay, go ahead.
[01:49:19.120 --> 01:49:21.120]  I interrupted you.
[01:49:21.120 --> 01:49:27.120]  Well, my question was state lawsuits versus federal lawsuits.
[01:49:27.120 --> 01:49:33.120]  So which discovery, which lawsuit are you confined to?
[01:49:33.120 --> 01:49:36.120]  It's the one versus the other.
[01:49:36.120 --> 01:49:37.120]  Okay.
[01:49:37.120 --> 01:49:43.120]  Real easy to look up, both the state and the Fed have pre-litigation discovery.
[01:49:43.120 --> 01:49:48.120]  Just do a search for pre-litigation discovery, you'll get a hit right on it.
[01:49:48.120 --> 01:49:50.120]  Pre-litigation discovery, okay.
[01:49:50.120 --> 01:49:59.120]  And this is reasonable because the courts don't want you to use the courts as the remedy of last resort.
[01:49:59.120 --> 01:50:02.120]  They want you to use it as a remedy of first resort.
[01:50:02.120 --> 01:50:04.120]  I'm sorry, got that backwards.
[01:50:04.120 --> 01:50:10.120]  They don't want you to use the courts as a remedy of first resort, but rather of last.
[01:50:10.120 --> 01:50:13.120]  So they want you to do your due diligence.
[01:50:13.120 --> 01:50:23.120]  And in order to assist you where a potential litigant has information to which you are not privy.
[01:50:23.120 --> 01:50:29.120]  And you may not be sure if you actually have a claim against this litigant,
[01:50:29.120 --> 01:50:33.120]  and you can't tell unless you've looked at their information.
[01:50:33.120 --> 01:50:42.120]  Or there's a situation where information is likely to be lost if you don't act quickly.
[01:50:42.120 --> 01:50:46.120]  The courts will allow you pre-litigation discovery.
[01:50:46.120 --> 01:50:50.120]  And both the Fed and the state has it.
[01:50:50.120 --> 01:50:55.120]  And it's great fun.
[01:50:55.120 --> 01:50:59.120]  Everything's politics, it's political.
[01:50:59.120 --> 01:51:09.120]  And, you know, I try never to threaten anyone because Bushwhack is a whole lot better.
[01:51:09.120 --> 01:51:12.120]  Threatening is giving fair warning.
[01:51:12.120 --> 01:51:18.120]  If you ever try to give someone fair warning, they will accuse you of threatening them.
[01:51:18.120 --> 01:51:20.120]  So I never do.
[01:51:20.120 --> 01:51:23.120]  I tell them what I need when they don't do it.
[01:51:23.120 --> 01:51:36.120]  Okay, when the JP won in Tarrant County yesterday, I told him I wanted to videotape his courtroom.
[01:51:36.120 --> 01:51:38.120]  And he said, there's no videotaping in the courtroom.
[01:51:38.120 --> 01:51:40.120]  It will disrupt the court.
[01:51:40.120 --> 01:51:44.120]  And I started to walk away and I stopped and turned back and looked at him and said,
[01:51:44.120 --> 01:51:52.120]  well, if I secretly videotaped your courtroom, that by its nature wouldn't disrupt the court.
[01:51:52.120 --> 01:51:56.120]  There's no videotaping at the courtroom.
[01:51:56.120 --> 01:52:03.120]  Well, I had asked him for the statute or rule that authorized him to prevent videotaping.
[01:52:03.120 --> 01:52:09.120]  And he told me there wasn't one, that he just refused to allow it.
[01:52:09.120 --> 01:52:15.120]  And I got him to tell me everything I needed so I could make a charge against him.
[01:52:15.120 --> 01:52:17.120]  And then I said, well, okay.
[01:52:17.120 --> 01:52:19.120]  And I walked out.
[01:52:19.120 --> 01:52:25.120]  The judge, when he got in court, he was an hour late because I know he was doing his homework.
[01:52:25.120 --> 01:52:30.120]  He was absolutely furious.
[01:52:30.120 --> 01:52:35.120]  Oh, he was just glorious.
[01:52:35.120 --> 01:52:37.120]  He should have thanked you.
[01:52:37.120 --> 01:52:41.120]  He should have thanked you for finding a workaround interrupting the court.
[01:52:41.120 --> 01:52:46.120]  Yeah, well, he didn't know what I was going to do,
[01:52:46.120 --> 01:52:52.120]  but I found out when I filed criminal charges against him with the grand jury.
[01:52:52.120 --> 01:52:58.120]  And let him explain his authority to a grand jury of my peers.
[01:52:58.120 --> 01:53:04.120]  That's the only way he's going to find out what I was actually doing there.
[01:53:04.120 --> 01:53:08.120]  But he already, he figured, I didn't tell anybody who I was,
[01:53:08.120 --> 01:53:13.120]  but he absolutely knew by the time he got in the court, he knew exactly who I was.
[01:53:13.120 --> 01:53:16.120]  And he knew I had just set him up.
[01:53:16.120 --> 01:53:19.120]  He had no doubt that I set him up.
[01:53:19.120 --> 01:53:24.120]  I asked him the questions I needed to establish the offense.
[01:53:24.120 --> 01:53:26.120]  And then I walked out.
[01:53:26.120 --> 01:53:31.120]  And he sat in there thinking, that guy is going to bust my chops.
[01:53:31.120 --> 01:53:34.120]  That's what you want them thinking about you.
[01:53:34.120 --> 01:53:37.120]  So never give them fair warning.
[01:53:37.120 --> 01:53:41.120]  Never give them legal advice.
[01:53:41.120 --> 01:53:44.120]  Oh, the law says this, the law says that.
[01:53:44.120 --> 01:53:46.120]  You're supposed to do that.
[01:53:46.120 --> 01:53:49.120]  I never give them that.
[01:53:49.120 --> 01:53:52.120]  Read what the law says, what it requires them to do.
[01:53:52.120 --> 01:53:54.120]  Ask them to do that.
[01:53:54.120 --> 01:54:01.120]  And when they don't do that, ding, the bell is rung.
[01:54:01.120 --> 01:54:06.120]  When that clerk wanted to bring me the documents later, sorry, bubba,
[01:54:06.120 --> 01:54:14.120]  but that bell's already been rung and you're not going to get an opportunity for me to unwind yet.
[01:54:14.120 --> 01:54:17.120]  Okay.
[01:54:17.120 --> 01:54:19.120]  Does that make sense?
[01:54:19.120 --> 01:54:20.120]  Yeah, yeah.
[01:54:20.120 --> 01:54:22.120]  I appreciate your time.
[01:54:22.120 --> 01:54:24.120]  Spend some time with me there, Randy.
[01:54:24.120 --> 01:54:25.120]  Okey-doke.
[01:54:25.120 --> 01:54:27.120]  Thank you for calling.
[01:54:27.120 --> 01:54:32.120]  Now we're going to go to Rob, who we've had sitting there in the wings just kind of waiting.
[01:54:32.120 --> 01:54:36.120]  Hello, Rob. What do you have for us tonight?
[01:54:36.120 --> 01:54:37.120]  Hey, Randy.
[01:54:37.120 --> 01:54:42.120]  I want to talk to you about my breach contract and fraud law.
[01:54:42.120 --> 01:54:43.120]  Okay.
[01:54:43.120 --> 01:54:45.120]  I did not get time to read it.
[01:54:45.120 --> 01:54:46.120]  My apologies.
[01:54:46.120 --> 01:54:48.120]  You've been trying to get me to read that for a few days.
[01:54:48.120 --> 01:54:51.120]  It was all Miss Leslie's fault.
[01:54:51.120 --> 01:54:53.120]  If she's still listening, it's all her fault.
[01:54:53.120 --> 01:54:59.120]  She sent me that 50-page document and I kind of got buried in it.
[01:54:59.120 --> 01:55:02.120]  Okay.
[01:55:02.120 --> 01:55:06.120]  What are the claims that you made?
[01:55:06.120 --> 01:55:15.120]  Breach contract for failing to provide the insurance that I paid them to provide.
[01:55:15.120 --> 01:55:22.120]  Fraud by non-disclosure for failing to disclose what I worded.
[01:55:22.120 --> 01:55:24.120]  I'm sorry.
[01:55:24.120 --> 01:55:27.120]  I was hoping you'd read it.
[01:55:27.120 --> 01:55:31.120]  Well, our listeners would have to know what it is anyway.
[01:55:31.120 --> 01:55:36.120]  There's a bunch of stuff wrong with the place.
[01:55:36.120 --> 01:55:39.120]  We bought it as is, but we bought it through a broker.
[01:55:39.120 --> 01:55:48.120]  The CIPR, private owner-finance seller, is the owner of the real estate company.
[01:55:48.120 --> 01:56:00.120]  So while you bought a property on a private contract so that the consumer protection laws don't apply,
[01:56:00.120 --> 01:56:11.120]  the person was a licensed real estate agent and therefore the agent had a duty to give certain disclosures.
[01:56:11.120 --> 01:56:13.120]  Is that your position?
[01:56:13.120 --> 01:56:14.120]  Yes.
[01:56:14.120 --> 01:56:15.120]  That's right.
[01:56:15.120 --> 01:56:25.120]  Then on top of that, I've made five requests to the escrow company to view and inspect the escrow documents,
[01:56:25.120 --> 01:56:28.120]  the original contract, the ones he gives, everything else.
[01:56:28.120 --> 01:56:30.120]  They have ignored all of those.
[01:56:30.120 --> 01:56:37.120]  I am maintaining that a reasonable person of ordinary prudence would assume that if those documents have been filed
[01:56:37.120 --> 01:56:41.120]  with the escrow company as they are required to be filed,
[01:56:41.120 --> 01:56:46.120]  then they would have provided me of a common place that I could come down and inspect those documents.
[01:56:46.120 --> 01:56:53.120]  Since they have failed to do so on five separate occasions, I'm maintaining that those documents were profiled into escrow.
[01:56:53.120 --> 01:56:54.120]  Yes.
[01:56:54.120 --> 01:57:02.120]  Their failure to produce the documents invokes a consideration of, I've lost the term,
[01:57:02.120 --> 01:57:08.120]  it invokes an adverse inference that the documents don't exist.
[01:57:08.120 --> 01:57:10.120]  Right.
[01:57:10.120 --> 01:57:17.120]  And the reason that they were never filed is because the seller never intended to carry out the contract
[01:57:17.120 --> 01:57:21.120]  and transfer legal title over to the end of the contract,
[01:57:21.120 --> 01:57:29.120]  but they intended to treat me as a renter for a certain amount of time to get me believing that I would someday be the owner
[01:57:29.120 --> 01:57:37.120]  to make necessary repairs and upgrades to the property out of my pocket that they would be responsible for if I was real
[01:57:37.120 --> 01:57:44.120]  and that it's still future time after they've extracted enough money out of me to kick me out and take pass back.
[01:57:44.120 --> 01:57:50.120]  Okay. What was the term of the note? 30 years?
[01:57:50.120 --> 01:57:55.120]  Five-year real estate contract with a real payment due at the end.
[01:57:55.120 --> 01:58:01.120]  Okay. The reason I ask that is unfraud, you don't claim the amount you were actually defrauded of.
[01:58:01.120 --> 01:58:06.120]  You claim the amount you would have been defrauded of had the contract ran to fruition,
[01:58:06.120 --> 01:58:09.120]  and you sue for three times that.
[01:58:09.120 --> 01:58:11.120]  Hang on, we're about to go to break.
[01:58:11.120 --> 01:58:13.120]  Philip, Ja Ja, I see you there.
[01:58:13.120 --> 01:58:15.120]  We'll pick you up on the other side.
[01:58:15.120 --> 01:58:18.120]  This is a top-of-the-hour break, so it's a little bit longer,
[01:58:18.120 --> 01:58:27.120]  so go patronize our sponsors at logosradio.com.
[01:58:27.120 --> 01:58:33.120]  You patronize me and patronize our sponsors or something like that,
[01:58:33.120 --> 01:58:37.120]  so we can help keep this show on the air.
[01:58:37.120 --> 01:58:50.120]  Okay, our call-in number is 512-646-1984. We'll be right back.
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