[00:00.000 --> 00:05.000]  The following use flash is brought to you by the Lone Star Lowdown.
[00:05.000 --> 00:08.000]  Providing the jelly bulletins for the commodities market.
[00:08.000 --> 00:10.000]  Today in history.
[00:10.000 --> 00:12.000]  News updates.
[00:12.000 --> 00:21.000]  And the inside scoop into the tides of the alternatives.
[00:21.000 --> 00:28.000]  Markets for Friday, February 19th, 2016 are currently treading with gold at $1,225.73 an ounce.
[00:28.000 --> 00:31.000]  Silver, $15.33 an ounce.
[00:31.000 --> 00:34.000]  Texas crude, $30.77 a barrel.
[00:34.000 --> 00:44.000]  And Bitcoin is currently sitting at about $418 U.S. currency.
[00:44.000 --> 00:45.000]  Today in history.
[00:45.000 --> 00:47.000]  The year, 1942.
[00:47.000 --> 00:56.000]  Through Executive Order 9066, President Franklin D. Roosevelt authorized the deportation and incarceration of nearly 130 mainland Japanese Americans
[00:56.000 --> 00:59.000]  who were forcibly relocated from their West Coast homes.
[00:59.000 --> 01:07.000]  The presidential order allowed regional military commanders the power to declare that all people of Japanese ancestry were excluded from the entire West Coast.
[01:07.000 --> 01:10.000]  Except, of course, for those within government camps.
[01:10.000 --> 01:12.000]  American concentration camps.
[01:12.000 --> 01:17.000]  Today in history.
[01:17.000 --> 01:32.000]  In recent news, U.S. attorney Ellen Decker wrote in a court filing today in Riverside, California, that Apple, quote, has the technical ability to comply with the court order and is refusing to assist because of concerns to its business model and public brand marketing strategy.
[01:32.000 --> 01:44.000]  This after Apple CEO Tim Cook a few days ago released a public statement to his customers and investors, stating that, quote, the United States government has demanded that Apple take an unprecedented step, which threatens the security of our customers.
[01:44.000 --> 01:48.000]  We oppose this order, which has implications far beyond the legal case at hand.
[01:48.000 --> 02:03.000]  This bold statement came in defiance to a court order by California Judge Sherry Pine for Apple to develop a new version of the iPhone's operating system, which would allow the FBI to use its computers to guess the passcode quickly without getting locked out for making too many guesses.
[02:03.000 --> 02:11.000]  Apple has until February 26 to respond to the court order.
[02:11.000 --> 02:17.000]  The United States government has issued a license to Boeing today for them to be able to conduct negotiations with airlines in Iran.
[02:17.000 --> 02:21.000]  However, further approvals would be needed in addition in order to make sales.
[02:21.000 --> 02:25.000]  Analysts are noting that Boeing faces numerous challenges in Iran.
[02:25.000 --> 02:35.000]  The country may not be able to afford many of their planes and financial backers may consider investing in leases or sales to be too risky due to the possibility of repossessing aircraft in a bankruptcy.
[02:35.000 --> 02:44.000]  Iran continues to fly much older Boeing planes, including 11 747s that date from 1969 to 1988, according to Flight Global.
[02:44.000 --> 02:55.000]  Separately, General Electric, which makes engines for Boeing planes, stated that it's also applied for a U.S. license to sell engines and parts in Iran, though it hasn't been granted yet.
[02:55.000 --> 03:16.000]  This has been your lowdown for February 19, 2016.
[03:16.000 --> 03:29.000]  Okay, we are back.
[03:29.000 --> 03:34.000]  Randy Kelton, we're talking to Barbara in Oklahoma.
[03:34.000 --> 03:41.000]  And Barbara, did you have a question that we didn't get to?
[03:41.000 --> 03:59.000]  Well, I wanted to know what legally I could do to stop that from happening because usually I don't do anything and they just go through the investigation, find nothing wrong, and then he continues to do that.
[03:59.000 --> 04:16.000]  Okay, you can file in every state there is a law against making a false report to a police officer, but who is he making these reports to?
[04:16.000 --> 04:20.000]  To the children and family department.
[04:20.000 --> 04:24.000]  Is he making the reports in writing?
[04:24.000 --> 04:25.000]  Yes.
[04:25.000 --> 04:41.000]  Good. If you put a false statement on a government document and you know the statement's false and you intend the statement be taken as true, every state has a statute addressing that, and it's generally a felony in every state.
[04:41.000 --> 04:49.000]  Tampering with a government document. When he files that complaint with the agency, that's a government document.
[04:49.000 --> 05:02.000]  Now, with that said, the likelihood of you getting him indicted for filing this document is somewhere between little and done, and that's never the point.
[05:02.000 --> 05:18.000]  The point is, is the first time he has an investigator call him and say, I have this complaint against this criminal complaint accusing you of tampering with a government document.
[05:18.000 --> 05:24.000]  It's going to cause a certain amount of anal restriction.
[05:24.000 --> 05:25.000]  Okay.
[05:25.000 --> 05:32.000]  We file a lot of criminal, you know, I show people how to file criminal complaints against public officials.
[05:32.000 --> 05:37.000]  Now, I never ever want a public official indicted.
[05:37.000 --> 05:45.000]  Because I always file against them for crappy little stuff. I generally file against them for following policy.
[05:45.000 --> 05:58.000]  That's not the point. The point is, is putting them in a position to where they have to consider the possibility of serious ramifications for their behavior.
[05:58.000 --> 06:02.000]  Right now, your husband thinks he can do this with impunity.
[06:02.000 --> 06:16.000]  If every time he files a false complaint, you file a charge of tampering with the government document. In this case, you've got five, all of them shown to be unfounded.
[06:16.000 --> 06:19.000]  That's five accusations of tampering with the government document.
[06:19.000 --> 06:32.000]  Now, when you file this with the police department, they're not going to want to take it. So I suggest we don't go to police departments with complaints. We go to magistrates.
[06:32.000 --> 06:38.000]  A magistrate is generally a judge. A mayor can be a magistrate.
[06:38.000 --> 06:42.000]  Every judge is a magistrate.
[06:42.000 --> 06:49.000]  But every magistrate is not a judge. And the point of that is, every judge wears two hats.
[06:49.000 --> 06:54.000]  He wears a judge's hat, and he wears a magistrate's hat.
[06:54.000 --> 07:00.000]  And a magistrate does three things. They can marry people.
[07:00.000 --> 07:05.000]  And that's how they make a few extra bucks. That's not really judicial.
[07:05.000 --> 07:12.000]  They can hold an examining trial based on a criminal accusation and set bail.
[07:12.000 --> 07:24.000]  That's what a magistrate does. So when you take a criminal complaint to a judge, his judge's hat comes off, his magistrate's hat goes on.
[07:24.000 --> 07:36.000]  So if you go to a judge, and preferably not the judge that presided over your divorce because you don't want to get him disqualified.
[07:36.000 --> 07:49.000]  If you go to a local justice of the peace and give him five criminal accusations, it might be better if you can find a female justice of the peace.
[07:49.000 --> 08:02.000]  Okay, I'm being sexist, all right? But in this case, a female justice of the peace will better understand your position.
[08:02.000 --> 08:12.000]  And if you tell the justice, look, I really don't want him indicted, but I don't have another way of handling this.
[08:12.000 --> 08:19.000]  He's causing serious problems and he's doing it maliciously, and I don't have another way of handling it.
[08:19.000 --> 08:33.000]  Could I at least get you to hold an examining trial and ask him to come in and explain why he should not be indicted or why he shouldn't be charged criminally?
[08:33.000 --> 08:38.000]  It's not that I want him to have this problem. I just want him to have a reason not to do this anymore.
[08:38.000 --> 08:47.000]  And that's a good chance you can get the magistrate to do something, especially if she doesn't feel like you're being malicious.
[08:47.000 --> 08:48.000]  Right.
[08:48.000 --> 08:56.000]  Whatever you do, don't let her see any angry in you. You're just trying to do the right thing for the right reason.
[08:56.000 --> 09:05.000]  You've exercised all your other remedies and there's been no remedy, so you need him to stop doing this.
[09:05.000 --> 09:14.000]  And the problem the magistrate has is this is a duty on the part of the magistrate.
[09:14.000 --> 09:18.000]  They don't have discretion to determine whether or not they'll hear a criminal complaint.
[09:18.000 --> 09:23.000]  They have a statutory requirement, but almost none of them will.
[09:23.000 --> 09:28.000]  They will all send you to the prosecuting attorney.
[09:28.000 --> 09:42.000]  And that's okay. That's okay because you go to the prosecuting attorney now saying, well, I talked to this judge over here and this judge said I should bring these to you.
[09:42.000 --> 09:47.000]  Now you've got someone else in the middle of this.
[09:47.000 --> 09:48.000]  Right.
[09:48.000 --> 10:08.000]  And what you really want the prosecutor to do is have his investigator call your husband and have your husband explain to the investigator why he shouldn't be presented to a grand jury for filing these fraudulent documents for child protective services.
[10:08.000 --> 10:12.000]  That'll get his attention.
[10:12.000 --> 10:13.000]  Yeah.
[10:13.000 --> 10:16.000]  It sounds like fun.
[10:16.000 --> 10:20.000]  Yeah, it does.
[10:20.000 --> 10:32.000]  If you listen to our show in the future, listen to the show from the perspective of the rubber ball theory.
[10:32.000 --> 10:41.000]  Most of the prescriptions I prescribe go precisely to the rubber ball theory.
[10:41.000 --> 10:55.000]  And I assure you when your husband gets a call from an investigator from the prosecuting attorney's office, that's going to be one serious pattern interruption.
[10:55.000 --> 10:59.000]  So that's my suggestion on how to handle that.
[10:59.000 --> 11:03.000]  And the thing about criminal complaints.
[11:03.000 --> 11:14.000]  If I'm angry, I don't file one, I had a bailiff shoved me out of the courthouse, knocked me down, broke my elbow.
[11:14.000 --> 11:19.000]  If you ever broke your elbow, you know that really, really hurts.
[11:19.000 --> 11:26.000]  And he did that in order to prevent me from giving criminal complaints against the district attorney to the grand jury.
[11:26.000 --> 11:30.000]  I did not go after the bailiff.
[11:30.000 --> 11:35.000]  Frankly, he did not mean to knock me down as I stepped out the door and just give me a light push on the back.
[11:35.000 --> 11:39.000]  As my foot hit a carpet, that carpet went out from under me.
[11:39.000 --> 11:41.000]  It's one of those little things you wipe your feet on.
[11:41.000 --> 11:49.000]  And I went down backwards and landed on my elbow with all my body weight on a granite step.
[11:49.000 --> 11:55.000]  Now, clearly he was in the wrong.
[11:55.000 --> 12:02.000]  But it's never good to do anything personal if you want to have a positive change.
[12:02.000 --> 12:10.000]  And if I went after him, I would have ruined a 20-year career.
[12:10.000 --> 12:19.000]  And I asked myself, what is my intended outcome before you do anything with your husband over these issues?
[12:19.000 --> 12:27.000]  Ask yourself, what do I want as an end result?
[12:27.000 --> 12:36.000]  And before you do anything, ask yourself, will this action lead me toward my intended outcome?
[12:36.000 --> 12:42.000]  And no matter how frustrated or angry you are, no matter how much you want to read the riot act,
[12:42.000 --> 12:51.000]  let him know how to cow ate the cabbage, if it won't lead you toward a positive outcome, I suggest don't do it.
[12:51.000 --> 12:54.000]  I did not file against this bailiff.
[12:54.000 --> 13:02.000]  And so far, that has been the most powerful thing I've ever done as far as dealing with public officials.
[13:02.000 --> 13:08.000]  Because that's when they realized that I was the real deal.
[13:08.000 --> 13:19.000]  That I wasn't just out here trying to be vengeful or to serve some hurt or slight that I thought I had been affronted with.
[13:19.000 --> 13:23.000]  That I really was here trying to do the right thing for the right reason.
[13:23.000 --> 13:30.000]  Because I didn't go after the guy I absolutely could have got, because it would have been personal.
[13:30.000 --> 13:36.000]  If you ever go after your husband for something personal, it'll always come out badly.
[13:36.000 --> 13:46.000]  But if you go after him towards some stated outcome, everybody tends to recognize it.
[13:46.000 --> 13:49.000]  Your behavior changes.
[13:49.000 --> 13:57.000]  And those people who would be in a position to act in your favor will recognize the difference in your posture.
[13:57.000 --> 13:59.000]  It'll make it very powerful.
[13:59.000 --> 14:05.000]  So I would consider filing criminal charges against you.
[14:05.000 --> 14:08.000]  Just for yucks.
[14:08.000 --> 14:10.000]  No, that was extremely helpful.
[14:10.000 --> 14:12.000]  I like that.
[14:12.000 --> 14:13.000]  Okay.
[14:13.000 --> 14:19.000]  And the chances of them indicting him are absolutely zero.
[14:19.000 --> 14:26.000]  Unless one of these public officials is upset at him for some reason.
[14:26.000 --> 14:29.000]  Because everything's political.
[14:29.000 --> 14:33.000]  But that might get him a whole new attitude.
[14:33.000 --> 14:34.000]  Okay.
[14:34.000 --> 14:36.000]  Is there anything else?
[14:36.000 --> 14:41.000]  No, that was the question of what I needed.
[14:41.000 --> 14:42.000]  Thank you so much.
[14:42.000 --> 14:43.000]  Okay.
[14:43.000 --> 14:45.000]  And listen to the show a bit.
[14:45.000 --> 14:48.000]  You'll get to hear us go over how we do these kinds of things.
[14:48.000 --> 14:53.000]  It'll give you kind of an idea how to make this procedure work.
[14:53.000 --> 14:55.000]  It really is powerful.
[14:55.000 --> 14:56.000]  Okay.
[14:56.000 --> 14:58.000]  Thank you, Barbara.
[14:58.000 --> 15:02.000]  Now we're going to go to Scott in Texas.
[15:02.000 --> 15:04.000]  Hello, Scott.
[15:04.000 --> 15:06.000]  Hello, Randy.
[15:06.000 --> 15:08.000]  Obi-Wan Kenobi.
[15:08.000 --> 15:09.000]  Okay.
[15:09.000 --> 15:11.000]  What do you have for us today?
[15:11.000 --> 15:14.000]  I understand you have a story.
[15:14.000 --> 15:17.000]  Well, I got a couple of little stories.
[15:17.000 --> 15:24.000]  But I want to get some clarification on a couple of things that you had mentioned when you were going over the legal writings.
[15:24.000 --> 15:31.000]  So, and when you use a prayer, do you only use a prayer in the motions?
[15:31.000 --> 15:32.000]  Yeah.
[15:32.000 --> 15:33.000]  Okay.
[15:33.000 --> 15:44.000]  Any time you come to a court and you want the court to do something, you have to ask them to do something.
[15:44.000 --> 15:49.000]  And Jeff said prayer was an old term.
[15:49.000 --> 15:51.000]  And yes, it is an old term.
[15:51.000 --> 15:57.000]  If you watch any of these old English movies, prayer governor do this.
[15:57.000 --> 16:00.000]  That's like saying, will you do this?
[16:00.000 --> 16:04.000]  So you're not really, if you're praying to God, it's the same thing.
[16:04.000 --> 16:05.000]  You're asking him to do something.
[16:05.000 --> 16:09.000]  And this is not using the term in a religious sense.
[16:09.000 --> 16:10.000]  You're just asking him to do something.
[16:10.000 --> 16:18.000]  If you don't ask the judge for something, he can't give you anything.
[16:18.000 --> 16:19.000]  Okay.
[16:19.000 --> 16:28.000]  So in order to invoke his power to rule, you have to specifically ask him to give you the ruling you want.
[16:28.000 --> 16:31.000]  And that's what the prayer is about.
[16:31.000 --> 16:35.000]  But you don't use it in a criminal complaint.
[16:35.000 --> 16:44.000]  Not in a criminal complaint, because in a criminal complaint, you're merely giving notice that a crime has occurred.
[16:44.000 --> 16:47.000]  You can't ask the court for anything.
[16:47.000 --> 16:51.000]  Now the prosecutor can when he prosecutes.
[16:51.000 --> 16:52.000]  Hang on.
[16:52.000 --> 16:53.000]  Going to break.
[16:53.000 --> 16:59.000]  We'll go radio, we'll be right back.
[17:24.000 --> 17:26.000]  Check out centraltexasgunworks.com.
[17:26.000 --> 17:29.000]  Thanks also to mymagicmud.com.
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[17:57.000 --> 18:01.000]  Care status for hipsters may not actually be those who will win.
[18:01.000 --> 18:07.000]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
[18:07.000 --> 18:12.000]  People feed their pets better than they feed themselves, and it's time we changed all that.
[18:12.000 --> 18:18.000]  Our primary defense against aging and disease in this toxic environment is good nutrition.
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[19:11.000 --> 19:15.000]  Well, don't let nothing get to you.
[19:15.000 --> 19:18.000]  Only the father can deliver you.
[19:18.000 --> 19:21.000]  Don't let bad-minded people hurt you.
[19:21.000 --> 19:24.000]  Until they can get behind you.
[19:24.000 --> 19:26.000]  Know what I mean?
[19:26.000 --> 19:35.000]  Good night, friend.
[19:35.000 --> 19:36.000]  Okay, we are back.
[19:36.000 --> 19:42.000]  Randy Kelton, Rule of Law Radio, and we're talking to Scott in Texas.
[19:42.000 --> 19:44.000]  If I can ever get him unmuted.
[19:44.000 --> 19:47.000]  There you go, Scott.
[19:47.000 --> 19:49.000]  My screen was jumping around.
[19:49.000 --> 19:52.000]  I couldn't catch the unmute button.
[19:52.000 --> 19:53.000]  That's all right.
[19:53.000 --> 19:59.000]  Okay, that was clear, but is there any other filings where you might would use a prayer in?
[19:59.000 --> 20:03.000]  It's just pretty much motions and criminal complaints.
[20:03.000 --> 20:05.000]  Motions and pleadings.
[20:05.000 --> 20:10.000]  You always have any time you want to ask the court to do something.
[20:10.000 --> 20:12.000]  Okay, okay.
[20:12.000 --> 20:14.000]  That's what the prayer is.
[20:14.000 --> 20:20.000]  Motions or pleadings, you both are going to ask the court to give you a ruling.
[20:20.000 --> 20:23.000]  In a criminal complaint, you don't.
[20:23.000 --> 20:29.000]  You just give the court notice that you have reason to believe a crime has been committed.
[20:29.000 --> 20:37.000]  From that point on, if you're in Texas at least, and in most states, everything except Pennsylvania that I know of,
[20:37.000 --> 20:45.000]  from the point after you have given notice, you have no standing in the case.
[20:45.000 --> 20:48.000]  No further standing in the case.
[20:48.000 --> 20:50.000]  Now, in Pennsylvania, it's different.
[20:50.000 --> 20:53.000]  Pennsylvania, you do have standing.
[20:53.000 --> 20:58.000]  But then in Pennsylvania, all criminal complaints are directed to the prosecuting attorney,
[20:58.000 --> 21:01.000]  and the prosecuting attorney is given first blush.
[21:01.000 --> 21:06.000]  He can look at the complaint and determine whether or not he believes there's sufficient evidence
[21:06.000 --> 21:11.000]  to believe that a crime has been committed and that this person committed the crime.
[21:11.000 --> 21:14.000]  He effectively does an examining trial.
[21:14.000 --> 21:17.000]  He does an examination.
[21:17.000 --> 21:25.000]  If you don't like his determination, then you have standing to appeal his ruling to the Court of Common Pleas,
[21:25.000 --> 21:29.000]  to the District Court, all the way up to the Supreme.
[21:29.000 --> 21:33.000]  But as far as I know, that's only in Pennsylvania, everywhere else.
[21:33.000 --> 21:40.000]  You give the court notice, and then you're done, unless they call you as a witness.
[21:40.000 --> 21:47.000]  In motions and pleadings, you always ask the court to rule in your favor,
[21:47.000 --> 21:52.000]  and to get a ruling in your favor, you have to ask for it.
[21:52.000 --> 21:59.000]  Someone brought me a suit by a debt collector and asked me what I thought,
[21:59.000 --> 22:01.000]  and I said, man, he hadn't got a prayer.
[22:01.000 --> 22:03.000]  The guy said, well, why not?
[22:03.000 --> 22:04.000]  I don't know.
[22:04.000 --> 22:06.000]  You don't have one in here.
[22:06.000 --> 22:10.000]  And I spoke to Jeff about that today, and I really got one of those.
[22:10.000 --> 22:13.000]  Actually, I've seen two or three that way.
[22:13.000 --> 22:19.000]  But he told the court what a dirty rotten scoundrel deadbeat the defendant was,
[22:19.000 --> 22:22.000]  but he never asked the court to rule in his favor.
[22:22.000 --> 22:26.000]  So the court had no power to rule.
[22:26.000 --> 22:27.000]  Okay.
[22:27.000 --> 22:29.000]  Does that make sense?
[22:29.000 --> 22:30.000]  Yeah, yeah.
[22:30.000 --> 22:34.000]  Jury charges, I don't understand what that means.
[22:34.000 --> 22:36.000]  You can look them up.
[22:36.000 --> 22:43.000]  Just do a search for pattern jury charges.
[22:43.000 --> 22:48.000]  In order to ensure that the juries are correctly instructed,
[22:48.000 --> 22:55.000]  the state has put together a set of pattern jury charges that the judges use,
[22:55.000 --> 23:00.000]  and they have a jury charge for every criminal accusation
[23:00.000 --> 23:07.000]  and for every named cause of action or tort.
[23:07.000 --> 23:10.000]  So you look them up like you'd look up a statute.
[23:10.000 --> 23:15.000]  You just do a search for pattern jury charges, and then once you get those,
[23:15.000 --> 23:25.000]  I know O'Connor puts out a book, pattern jury charges.
[23:25.000 --> 23:27.000]  So you read that charge.
[23:27.000 --> 23:32.000]  This is what the judge is going to read to the jury before they go to deliberate.
[23:32.000 --> 23:39.000]  The pattern jury charge will say, this is what you must find.
[23:39.000 --> 23:40.000]  Okay.
[23:40.000 --> 23:42.000]  It's the actual charge, Jen.
[23:42.000 --> 23:43.000]  Okay, I get it.
[23:43.000 --> 23:44.000]  I get it now.
[23:44.000 --> 23:45.000]  Yeah.
[23:45.000 --> 23:52.000]  And that is all that you want to address in your pleading.
[23:52.000 --> 23:56.000]  If you address anything else, you're wasting everybody's time.
[23:56.000 --> 23:58.000]  Right, right, right.
[23:58.000 --> 24:00.000]  Okay.
[24:00.000 --> 24:01.000]  Let's see.
[24:01.000 --> 24:06.000]  Oh, well, I guess I'll get you a couple of stories then.
[24:06.000 --> 24:12.000]  Well, I tell you what, let me pick up on the outcome.
[24:12.000 --> 24:21.000]  So I filed, I went and mailed in the 17.3 on the judge today.
[24:21.000 --> 24:26.000]  And so what that means for y'all out there is the judge,
[24:26.000 --> 24:30.000]  I had a motions hearing where there was a criminal complaint.
[24:30.000 --> 24:33.000]  There was a criminal complaint against the officer.
[24:33.000 --> 24:35.000]  The judge held the hearing.
[24:35.000 --> 24:37.000]  Hold on, hold on, hold on, hold on.
[24:37.000 --> 24:41.000]  This was a hearing where you had gotten a ticket.
[24:41.000 --> 24:42.000]  Yeah.
[24:42.000 --> 24:47.000]  And when you came to court, your statement,
[24:47.000 --> 24:51.000]  there was a criminal complaint lacked referential index.
[24:51.000 --> 24:54.000]  You filed a criminal complaint against the officer
[24:54.000 --> 24:58.000]  with the court in the court's capacity as a magistrate.
[24:58.000 --> 24:59.000]  Is that correct?
[24:59.000 --> 25:00.000]  Correct.
[25:00.000 --> 25:02.000]  Okay.
[25:02.000 --> 25:04.000]  Okay, now proceed.
[25:04.000 --> 25:05.000]  Okay.
[25:05.000 --> 25:12.000]  And so the magistrate denied that complaint and denied my motions.
[25:12.000 --> 25:15.000]  And so it's supposed to move to trial now.
[25:15.000 --> 25:19.000]  So that's fine, and that's exactly what we knew was going to happen.
[25:19.000 --> 25:24.000]  So here's the process of setting up the judge,
[25:24.000 --> 25:31.000]  because now that judge has to file that criminal complaint
[25:31.000 --> 25:36.000]  in a certain format with the district clerk, which they never do.
[25:36.000 --> 25:42.000]  So we'll get it in writing that the district clerk never received this document,
[25:42.000 --> 25:45.000]  how it's supposed to be sealed up and presented,
[25:45.000 --> 25:47.000]  because they never follow procedure.
[25:47.000 --> 25:50.000]  And then once you get that back in writing,
[25:50.000 --> 25:54.000]  then I'm going to take it and I'm going to use that to recuse the judge.
[25:54.000 --> 25:57.000]  Well, the judge naturally won't get recused,
[25:57.000 --> 26:01.000]  but that's okay because it'll stall it out another court day.
[26:01.000 --> 26:03.000]  And so in between that time,
[26:03.000 --> 26:07.000]  I've already got a criminal complaint against the judge in Addison
[26:07.000 --> 26:12.000]  that I use that to file an indictment with the grand jury in Tarrant County,
[26:12.000 --> 26:16.000]  which they no build, which we got to address that.
[26:16.000 --> 26:22.000]  But now the judge that I go over into this new court over into,
[26:22.000 --> 26:28.000]  since they've already didn't follow process on one criminal complaint,
[26:28.000 --> 26:34.000]  now when I go and submit this other criminal complaint after refusing the judge,
[26:34.000 --> 26:38.000]  now they have to touch this thing and actually try to file it,
[26:38.000 --> 26:42.000]  or they're going to have to file it even though they'll no build it.
[26:42.000 --> 26:46.000]  But it's just going to create so much of an ugly mess,
[26:46.000 --> 26:50.000]  nobody's going to want to touch it, and that's just going to be kind of funny.
[26:50.000 --> 26:53.000]  Yeah, this is how the process works.
[26:53.000 --> 26:56.000]  If we're going to fix the system, this is how we do it.
[26:56.000 --> 27:04.000]  And now what Scott started out talking about was an information request he filed,
[27:04.000 --> 27:12.000]  and the request demanded from the clerk all documents collected and maintained
[27:12.000 --> 27:18.000]  by the department that are specifically referenced by Article 17.30 Texas Code
[27:18.000 --> 27:20.000]  of Criminal Procedure.
[27:20.000 --> 27:24.000]  Let me read you Article 17.30.
[27:24.000 --> 27:30.000]  Shall certify proceedings, the magistrate before whom examination has taken place
[27:30.000 --> 27:37.000]  upon a criminal accusation, shall certify to all the proceedings had before him,
[27:37.000 --> 27:41.000]  as well as where he discharges, holds to bail, or commits,
[27:41.000 --> 27:47.000]  and transmit them sealed up to the court before which the defendant may be tried,
[27:47.000 --> 27:51.000]  writing his name across the seals of the envelope,
[27:51.000 --> 27:56.000]  the voluntary statement of the defendant, the testimony, bail bonds,
[27:56.000 --> 28:01.000]  and every other proceeding in the case shall be thus delivered to the clerk
[28:01.000 --> 28:05.000]  of the proper court without delay.
[28:05.000 --> 28:09.000]  Nobody does it.
[28:09.000 --> 28:15.000]  So when Scott went into court and put this criminal complaint before the court,
[28:15.000 --> 28:21.000]  and the court denied it, the court held an examining trial
[28:21.000 --> 28:24.000]  because that's the only way the court can deny it.
[28:24.000 --> 28:30.000]  The court had to take off its judge's hat and put on its magistrate's hat
[28:30.000 --> 28:36.000]  because the court had jurisdiction or claimed jurisdiction over Scott
[28:36.000 --> 28:43.000]  based on an alleged violation of the transportation code.
[28:43.000 --> 28:47.000]  When Scott brought a criminal complaint to the court,
[28:47.000 --> 28:51.000]  the court didn't have jurisdiction for that.
[28:51.000 --> 28:57.000]  The judge could have jurisdiction for that in his capacity as a magistrate.
[28:57.000 --> 29:01.000]  So when he looked at that criminal complaint, he took off his judge's hat,
[29:01.000 --> 29:04.000]  put on his magistrate's hat.
[29:04.000 --> 29:10.000]  Now, as a magistrate, he had to hold an examining trial.
[29:10.000 --> 29:17.000]  And in an examining trial, you're required to take a statement from the witness.
[29:17.000 --> 29:23.000]  I mean, the accused can give a voluntary statement unless the accused is not there.
[29:23.000 --> 29:31.000]  If the accused is not there, then the magistrate can hold an ex parte examining trial.
[29:31.000 --> 29:39.000]  And this is exactly how police officers get warrants,
[29:39.000 --> 29:43.000]  a warrant is necessarily filed in an ex parte hearing
[29:43.000 --> 29:46.000]  because if you were there, they wouldn't need a warrant.
[29:46.000 --> 29:50.000]  So the judge holds an examining trial to issue a warrant.
[29:50.000 --> 29:52.000]  I'll address this more on the other side.
[29:52.000 --> 30:00.000]  Randy Kelton, We'll Be Right Back.
[30:00.000 --> 30:03.000]  Are you too clean for your own good?
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[30:25.000 --> 30:30.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
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[32:00.000 --> 32:05.000]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.000 --> 32:07.000]  In today's America, we live in an us-against-them society,
[32:07.000 --> 32:09.000]  and if we, the people, are ever going to have a free society,
[32:09.000 --> 32:12.000]  then we're going to have to stand and defend our own rights.
[32:12.000 --> 32:15.000]  Among those rights are the right to travel freely from place to place,
[32:15.000 --> 32:17.000]  the right to act in our own private capacity,
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[33:25.000 --> 33:27.000]  Okay, we are back.
[33:27.000 --> 33:29.000]  Brandon with Help and Rule of Law Radio.
[33:29.000 --> 33:31.000]  And I'm taking up a little of your time, Scott,
[33:31.000 --> 33:33.000]  but let me explain a little further.
[33:33.000 --> 33:35.000]  This is kind of an important issue,
[33:35.000 --> 33:39.000]  and it's a great way to hammer a judge.
[33:39.000 --> 33:43.000]  When a complaint is put in front of a judge,
[33:43.000 --> 33:47.000]  and the judge becomes a magistrate,
[33:47.000 --> 33:52.000]  then in this case, the judge actually heard the complaint
[33:52.000 --> 34:02.000]  because the judge denied or ruled that there was insufficient probable cause in court
[34:02.000 --> 34:08.000]  because he didn't have the issue warrant or have the person arrested.
[34:08.000 --> 34:13.000]  Now, under Chapter 16, Texas Code of Criminal Procedure,
[34:13.000 --> 34:19.000]  it's titled, The Commitment or Discharge of the Accused, Examining Trial.
[34:19.000 --> 34:22.000]  When the accused has been brought before a magistrate for an examining trial,
[34:22.000 --> 34:26.000]  that officer shall proceed to examine him to the truth of the accusation made,
[34:26.000 --> 34:31.000]  allowing the accused however sufficient time to procure counsel.
[34:31.000 --> 34:36.000]  It goes on and gives him the right to do a statement.
[34:36.000 --> 34:40.000]  I'm going to breeze through some of these chapters to get to the important ones.
[34:40.000 --> 34:47.000]  Examination could be postponed, 02, warning to accused, 03, 04, voluntary statement.
[34:47.000 --> 34:51.000]  That voluntary statement was mentioned in 1730.
[34:51.000 --> 34:55.000]  Counsel may examine witnesses, same rules of evidence as final trial,
[34:55.000 --> 35:00.000]  presence of the accused, examination of each witness shall be in the presence of the accused,
[35:00.000 --> 35:06.000]  testimony reduced to writing, attachment, you can attach witnesses,
[35:06.000 --> 35:11.000]  you can postpone the examination in order to secure counsel,
[35:11.000 --> 35:20.000]  and who may discharge in capital offense, a mayor can't act as a magistrate in a capital offense,
[35:20.000 --> 35:22.000]  and insufficient bail.
[35:22.000 --> 35:29.000]  1617, decision of judge, after the examining trial has been had,
[35:29.000 --> 35:35.000]  the judge shall make an order committing the defendant to jail of the proper county,
[35:35.000 --> 35:40.000]  discharging him or admitting him to bail as the law and the facts of the case require.
[35:40.000 --> 35:44.000]  Failure of the judge to make or enter an order within 48 hours,
[35:44.000 --> 35:49.000]  after the examining trial has been complete, operates as a finding of no probable cause,
[35:49.000 --> 35:53.000]  and the accused shall be discharged.
[35:53.000 --> 35:57.000]  Okay, down to 1620, commitment.
[35:57.000 --> 36:02.000]  A commitment is an order signed by a proper magistrate directing sheriff to receive
[36:02.000 --> 36:04.000]  and place in jail the person committed.
[36:04.000 --> 36:08.000]  It will be sufficient if it have the following requisites.
[36:08.000 --> 36:11.000]  I won't go through all that, but after an examining trial,
[36:11.000 --> 36:16.000]  there are two documents that the judge has to produce.
[36:16.000 --> 36:22.000]  One always, one document says whether he found probable cause
[36:22.000 --> 36:26.000]  or didn't find probable cause under 1617,
[36:26.000 --> 36:32.000]  and then if he found probable cause under 1620, he's using a warrant,
[36:32.000 --> 36:35.000]  and that's how police get warrants,
[36:35.000 --> 36:42.000]  is they come to the judge and have the judge hold an ex parte examining trial,
[36:42.000 --> 36:46.000]  and under 1620, he can issue the warrant.
[36:46.000 --> 36:56.000]  But since it was ex parte, the warrant says arrest this person and bring him before me,
[36:56.000 --> 37:02.000]  and the reason for that is, is the judge held an ex parte examining trial.
[37:02.000 --> 37:06.000]  Now he needs to hold another one, one with the accused present,
[37:06.000 --> 37:09.000]  so he can accord the accused all of his rights.
[37:09.000 --> 37:16.000]  Well, when all of this is done, under 1730, shall certify the proceedings,
[37:16.000 --> 37:19.000]  the magistrate before whom an examination has taken place,
[37:19.000 --> 37:24.000]  upon a criminal accusation shall certify to all the proceedings had before him,
[37:24.000 --> 37:28.000]  as well as to where he discharged his host to bail or commits,
[37:28.000 --> 37:33.000]  and transmit them sealed up to the court before which the defendant may be tried,
[37:33.000 --> 37:36.000]  writing his name across the seals of the envelope.
[37:36.000 --> 37:40.000]  The voluntary statement of the defendant, the testimony, bail bonds,
[37:40.000 --> 37:44.000]  and every other proceeding in the case shall thus be delivered to the clerk
[37:44.000 --> 37:47.000]  of the proper court nowhere else.
[37:47.000 --> 37:53.000]  And penal code, code of code procedure, rules of civil procedure that I have ever seen,
[37:53.000 --> 37:58.000]  is anything ordered sealed up.
[37:58.000 --> 38:03.000]  This is ordered sealed up to protect the chain of evidence.
[38:03.000 --> 38:08.000]  So what Scott did was went to the district clerk,
[38:08.000 --> 38:11.000]  and since this is a complaint against a public official,
[38:11.000 --> 38:14.000]  it would necessarily go to the district clerk,
[38:14.000 --> 38:19.000]  and requested a copy of all documents collected,
[38:19.000 --> 38:23.000]  assembled, maintained by the department,
[38:23.000 --> 38:28.000]  which are referenced by Article 17.30, Texas Code of Criminal Procedure,
[38:28.000 --> 38:32.000]  from this date to this date.
[38:32.000 --> 38:35.000]  They're not going to have them.
[38:35.000 --> 38:40.000]  And when they get a response from the clerk that says
[38:40.000 --> 38:45.000]  that the clerk has no documents responsive to your request,
[38:45.000 --> 38:51.000]  now you have prima facie evidence that the justice of the piece,
[38:51.000 --> 38:56.000]  sorry, that the municipal court judge, when it acted as a magistrate,
[38:56.000 --> 39:00.000]  had made a decision on this complaint,
[39:00.000 --> 39:03.000]  failed to act in accordance with Article 17.30,
[39:03.000 --> 39:10.000]  and by so doing, failed to perform a duty he was required to perform,
[39:10.000 --> 39:16.000]  and in the process denied Scott in the equal protection of the laws.
[39:16.000 --> 39:19.000]  Does that make sense?
[39:19.000 --> 39:21.000]  Oh, yeah.
[39:21.000 --> 39:28.000]  And the reason everybody should know all this is this is how you take the law
[39:28.000 --> 39:33.000]  and meet these people over the head with their own law
[39:33.000 --> 39:37.000]  and hold them accountable to what's going on.
[39:37.000 --> 39:42.000]  So that was just one of the stories I wanted to share.
[39:42.000 --> 39:45.000]  This is something that was kind of interesting.
[39:45.000 --> 39:49.000]  You know, I still haven't gotten tags on this little car I'm driving
[39:49.000 --> 39:51.000]  because it's kind of a long-winded story,
[39:51.000 --> 39:55.000]  but I bought it from a buddy, and he still hasn't gotten me the title yet.
[39:55.000 --> 39:57.000]  So as soon as I get it transferred, I can do all that stuff, right?
[39:57.000 --> 39:58.000]  Blah, blah, blah.
[39:58.000 --> 40:00.000]  It's just a minor technicality.
[40:00.000 --> 40:03.000]  Well, just the other day, and I've already got pulled over,
[40:03.000 --> 40:11.000]  got a ticket from Garland, and I didn't say anything about my license being invalid.
[40:11.000 --> 40:13.000]  They skipped that and just moved on.
[40:13.000 --> 40:18.000]  And the ski, I was going to the ski, I was going to go to the gym and work out,
[40:18.000 --> 40:22.000]  and there was a cop sitting right in the middle of this road,
[40:22.000 --> 40:28.000]  and this one cop saw the tags on my car and immediately pulled around
[40:28.000 --> 40:30.000]  and got straight up behind me.
[40:30.000 --> 40:33.000]  And I saw him get on the radio, and he starts talking, all this stuff.
[40:33.000 --> 40:34.000]  I'm in the middle lane.
[40:34.000 --> 40:37.000]  I'm thinking, okay, I know he's going to pull me over.
[40:37.000 --> 40:39.000]  That's his job.
[40:39.000 --> 40:40.000]  I understand it.
[40:40.000 --> 40:41.000]  I get it.
[40:41.000 --> 40:45.000]  I'm not mad anymore, okay, because now I know I've got a criminal complaint
[40:45.000 --> 40:47.000]  sitting in the glove box in my car.
[40:47.000 --> 40:53.000]  I'm going to hand it to him and ask him to file that while he gives me his nice little ticket, right?
[40:53.000 --> 40:54.000]  Well, guess what?
[40:54.000 --> 41:00.000]  I pulled over thinking he's fixing to jump right behind me and put on his chair.
[41:00.000 --> 41:02.000]  He's popped me.
[41:02.000 --> 41:04.000]  He goes straight around me.
[41:04.000 --> 41:06.000]  He guns it and goes around me.
[41:06.000 --> 41:10.000]  I know he called in, and I could see him on the radio.
[41:10.000 --> 41:12.000]  I could see him typing on the computer.
[41:12.000 --> 41:20.000]  I know he ran my tags, and he went flat around me.
[41:20.000 --> 41:24.000]  I believe that no good rascal alone.
[41:24.000 --> 41:30.000]  I've already indicted the judge, filed criminal complaints against several cops now,
[41:30.000 --> 41:38.000]  and when they pull that up, I'm sure that guy goes, oh, no, not today.
[41:38.000 --> 41:39.000]  Tags?
[41:39.000 --> 41:41.000]  Y'all want this?
[41:41.000 --> 41:45.000]  He's going to stop our hell over this.
[41:45.000 --> 41:52.000]  It's like the cop in Austin that pulled me over and asked for my license and proof of insurance,
[41:52.000 --> 41:57.000]  and I gave him proof of insurance and my Texas ID.
[41:57.000 --> 42:09.000]  Texas ID looks just like a Texas license, except where the number is, it says ID instead of DL.
[42:09.000 --> 42:12.000]  So he comes back and he said, Mr. Kelton, this is a Texas ID.
[42:12.000 --> 42:14.000]  I said, yes, it is.
[42:14.000 --> 42:17.000]  Do you have a driver's license?
[42:17.000 --> 42:22.000]  I said, yes, I do, but I'm not using it right now.
[42:22.000 --> 42:29.000]  And I got that from a friend in San Antonio, and the cop stepped back and looked at me.
[42:29.000 --> 42:31.000]  He said, Mr. Kelton, are you one of those guys?
[42:31.000 --> 42:34.000]  And I said, yes, I am.
[42:34.000 --> 42:37.000]  Here, have a nice day.
[42:37.000 --> 42:41.000]  Been there, done that, did not want to go back.
[42:41.000 --> 42:45.000]  So that is, that's good to see.
[42:45.000 --> 42:50.000]  The police don't like it when you take the fight back to them.
[42:50.000 --> 42:51.000]  Oh, I know.
[42:51.000 --> 42:53.000]  I got one more.
[42:53.000 --> 42:58.000]  And this is in reference to Scalia, you know, because he died here in Texas.
[42:58.000 --> 43:02.000]  A lot of people were really upset, will come to find out.
[43:02.000 --> 43:07.000]  They, you know, because everybody said, oh, it's a Texas obscure law, the magistrate can do all this.
[43:07.000 --> 43:11.000]  Well, wrong, the magistrate violated the law.
[43:11.000 --> 43:16.000]  It's Criminal Procedure Code of Criminal Procedure 49.04.
[43:16.000 --> 43:22.000]  The duty of a magistrate shall induct an inquiry into the death of somebody that dies in their county.
[43:22.000 --> 43:27.000]  Well, then it goes into what's an inquiry, shall conduct an investigation.
[43:27.000 --> 43:28.000]  Well, guess what?
[43:28.000 --> 43:36.000]  I got on WBAP yesterday, and I read the law because they actually got, oh, you got to hear this.
[43:36.000 --> 43:39.000]  I'll let you carry it in the break.
[43:39.000 --> 43:40.000]  Okay.
[43:40.000 --> 43:47.000]  Randy Felton, Blue's Law Radio, our call in number 512-646-1984.
[43:47.000 --> 43:48.000]  Give us a call.
[43:48.000 --> 43:50.000]  We'll be taking your calls all night.
[43:50.000 --> 43:54.000]  And make sure you check out our sponsors and help us support this network.
[43:54.000 --> 44:02.000]  We'll be right back.
[44:02.000 --> 44:03.000]  Hello.
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[44:06.000 --> 44:11.000]  and I would like to invite you to come by our store at 1904 Guadalupe Street, Sweet D.,
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[44:18.000 --> 44:22.000]  Have a look at our Miracle Healing Clay that started our adventure in alternative medicine.
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[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
[45:04.000 --> 45:07.000]  Win your case without an attorney with Jurisdictionary,
[45:07.000 --> 45:15.000]  the affordable, easy-to-understand 4-CD course that will show you how in 24 hours, step-by-step.
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[45:39.000 --> 45:43.000]  about the principles and practices that control our American courts.
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[45:52.000 --> 46:15.000]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[46:15.000 --> 46:24.000]  Okay.
[46:24.000 --> 46:25.000]  Hey, we are back.
[46:25.000 --> 46:28.000]  Randy Kelton, Rule of Law Radio, and we're talking to Scott in Texas.
[46:28.000 --> 46:34.000]  So they didn't want to pull you over.
[46:34.000 --> 46:35.000]  No, no, no.
[46:35.000 --> 46:40.000]  Yeah, no, they didn't want to pull me over, and so he left me alone.
[46:40.000 --> 46:47.000]  But anyhow, I thought that was a good sign because it's obviously getting around that,
[46:47.000 --> 46:51.000]  you know, they don't want to mess with me so much anymore.
[46:51.000 --> 46:56.000]  I mean, they didn't even pull me up, you know, and said, oh, I heard you won your case.
[46:56.000 --> 47:00.000]  And I was like, how did you find out, you know?
[47:00.000 --> 47:02.000]  And they're like, oh, he would never tell me.
[47:02.000 --> 47:04.000]  He wouldn't deposit information.
[47:04.000 --> 47:10.000]  But anyway, let me get back to this on, I got to call in on WBAP.
[47:10.000 --> 47:15.000]  And you know here in Dallas, it's one of the largest AM Talk radio stations,
[47:15.000 --> 47:17.000]  and they're on their morning show.
[47:17.000 --> 47:24.000]  And so got to talk about Scalia and how the magistrate violated the law,
[47:24.000 --> 47:29.000]  which is 49.04, the Code of Criminal Procedure.
[47:29.000 --> 47:32.000]  Well, you see, this was great because I was really setting it up,
[47:32.000 --> 47:35.000]  and they didn't know, they didn't see it come until the very, very end,
[47:35.000 --> 47:38.000]  and then they hung up really quick once they figured it out.
[47:38.000 --> 47:43.000]  But what I was doing is, so I got to read the law,
[47:43.000 --> 47:51.000]  and I actually read every part about it that was pertinent to how the judge violated the law.
[47:51.000 --> 47:56.000]  And so even the guy goes, he goes, so the judge did their correct job?
[47:56.000 --> 48:00.000]  I was like, no, the judge never had an investigation,
[48:00.000 --> 48:05.000]  and it showed he was kind of like a little bit biased or liberal or whatever.
[48:05.000 --> 48:11.000]  But I was like, no, this is the law, and this is the law as it states in the facts.
[48:11.000 --> 48:18.000]  I said, what we need to do is invoke the Texas Rangers to come in here and protect the people,
[48:18.000 --> 48:26.000]  and to protect the law, and you know, take these out of control judges and prosecutors,
[48:26.000 --> 48:30.000]  and hold them to the letter of the law.
[48:30.000 --> 48:35.000]  And so basically, got to read the law, encourage everybody to buy the law book.
[48:35.000 --> 48:40.000]  I said it's $100, I encourage everybody to get it, and y'all can read this stuff.
[48:40.000 --> 48:43.000]  It's not that tough, not that hard.
[48:43.000 --> 48:47.000]  I'm paraphrasing a lot because I don't remember everything verbatim,
[48:47.000 --> 48:52.000]  but the only good thing is I got to read the law, set them up,
[48:52.000 --> 48:59.000]  and invoke the Rangers to go after criminal prosecutors and judges that are violating the law.
[48:59.000 --> 49:04.000]  So kind of pulling a page out of your playbook.
[49:04.000 --> 49:05.000]  That's great.
[49:05.000 --> 49:14.000]  That's one of the bigger stations in Dallas, so if we put that in the mind of the listeners,
[49:14.000 --> 49:21.000]  we get more listeners that when they hear someone suggesting that we file complaints
[49:21.000 --> 49:26.000]  to public officials, it doesn't sound quite so foreign or new.
[49:26.000 --> 49:28.000]  Familiarity breeds contempt.
[49:28.000 --> 49:32.000]  Maybe we'll get more people to start picking this mantle up
[49:32.000 --> 49:38.000]  and holding these public officials to the same law they try to hold us to.
[49:38.000 --> 49:41.000]  Well, what we're doing is setting the narrative.
[49:41.000 --> 49:46.000]  The more that we can talk about this and drive the narrative, you know,
[49:46.000 --> 49:51.000]  because now I hear Alex Jones talking about indicting people because I was with them saying,
[49:51.000 --> 49:53.000]  yeah, I'm indicting this judge, doing all this stuff,
[49:53.000 --> 49:56.000]  and now the word indictment is getting around very well.
[49:56.000 --> 50:01.000]  And now when you start saying the Texas Rangers need to come in here and protect we the people,
[50:01.000 --> 50:07.000]  you know, because this is our state, our name, and we want true justice
[50:07.000 --> 50:10.000]  because the feds don't want to touch it, move along, nothing to see here.
[50:10.000 --> 50:14.000]  And so I really set it up really, really well.
[50:14.000 --> 50:20.000]  And when I got to the very end, the talk show host knew exactly what I'd done
[50:20.000 --> 50:23.000]  and he said thanks very much and hung up.
[50:23.000 --> 50:27.000]  And then because I clicked on it, I had the radio still on, he said,
[50:27.000 --> 50:30.000]  and thanks, Scott, for reading us the law verbatim.
[50:30.000 --> 50:36.000]  And then today they would not let nobody call in that wasn't, you know,
[50:36.000 --> 50:39.000]  going to have anything to do to talk about Scalia at all
[50:39.000 --> 50:41.000]  because they wanted to control the narrative
[50:41.000 --> 50:45.000]  because I blew it wide out open yesterday.
[50:45.000 --> 50:49.000]  Wonderful.
[50:49.000 --> 50:50.000]  That's what we need.
[50:50.000 --> 50:52.000]  We need to bushwhack them more.
[50:52.000 --> 50:54.000]  But on this show, you don't have to bushwhack me.
[50:54.000 --> 50:56.000]  We'll go there.
[50:56.000 --> 50:58.000]  No, I'm not bushwhacking.
[50:58.000 --> 51:01.000]  I'm telling you, I set it up so beautiful.
[51:01.000 --> 51:06.000]  It was like I couldn't, you couldn't have scripted it better.
[51:06.000 --> 51:07.000]  Well, good.
[51:07.000 --> 51:08.000]  Okay.
[51:08.000 --> 51:09.000]  Do you have anything else for us?
[51:09.000 --> 51:11.000]  Our caller has been waiting a long time.
[51:11.000 --> 51:12.000]  No, I'm done.
[51:12.000 --> 51:14.000]  You all have fun.
[51:14.000 --> 51:15.000]  Thank you.
[51:15.000 --> 51:16.000]  Okay.
[51:16.000 --> 51:18.000]  Now we're going to go to Mark in Texas.
[51:18.000 --> 51:20.000]  Hello, Mark.
[51:20.000 --> 51:22.000]  Hey, Randy.
[51:22.000 --> 51:24.000]  I just enjoyed that a great deal.
[51:24.000 --> 51:26.000]  That was a true pattern interruption.
[51:26.000 --> 51:29.000]  Way to go, Scott.
[51:29.000 --> 51:33.000]  And I heard your comments earlier, too.
[51:33.000 --> 51:40.000]  I wanted to ask you if I might for a little bit of elaboration on my situation
[51:40.000 --> 51:46.000]  with respect to suing a judge for violating my rights to due process.
[51:46.000 --> 51:49.000]  And then I'm curious.
[51:49.000 --> 51:52.000]  I don't know how much you know about FDCPA.
[51:52.000 --> 51:54.000]  I assume you've filed a few of these.
[51:54.000 --> 51:59.000]  You've got a guy that comes on from time to time who seems to be an expert in it.
[51:59.000 --> 52:05.000]  You're talking about that really, really old guy?
[52:05.000 --> 52:08.000]  Man, he is crusty.
[52:08.000 --> 52:12.000]  Hey, we're talking about Cedric.
[52:12.000 --> 52:21.000]  I'd like to have him on the show because he's the only guy I get to talk to who's actually older than I am.
[52:21.000 --> 52:23.000]  I didn't know that.
[52:23.000 --> 52:29.000]  And I'm so old that I got dirt in my front yard that's not as old as I am.
[52:29.000 --> 52:31.000]  Oh, man.
[52:31.000 --> 52:33.000]  I heard you say you'd been married for 45 years.
[52:33.000 --> 52:35.000]  Congratulations.
[52:35.000 --> 52:37.000]  So that's pretty awesome.
[52:37.000 --> 52:40.000]  I've done it for a little over 15 now.
[52:40.000 --> 52:43.000]  Definitely been an adventure.
[52:43.000 --> 52:48.000]  Well, I did miss our 30th anniversary.
[52:48.000 --> 52:55.000]  But how do you expect somebody to remember something that happened that long ago?
[52:55.000 --> 53:00.000]  She was not understanding.
[53:00.000 --> 53:01.000]  I understand.
[53:01.000 --> 53:10.000]  Those are times when you just have to say something like, I celebrate every day with you, baby, or something like that.
[53:10.000 --> 53:13.000]  Well, yeah, we do get along very well now.
[53:13.000 --> 53:19.000]  It's very pleasant to have a partner like this.
[53:19.000 --> 53:22.000]  Well, happiness is a choice.
[53:22.000 --> 53:24.000]  Freedom is a choice.
[53:24.000 --> 53:26.000]  I'd choose both.
[53:26.000 --> 53:32.000]  And anyway, if I might, I want to jump in and ask you this.
[53:32.000 --> 53:41.000]  Relative to an FDCPA case, I have a case where a debt buyer bought bad debt paper.
[53:41.000 --> 53:48.000]  They filed an assignment of real estate as though they had the capacity to do it.
[53:48.000 --> 53:54.000]  And that in and of itself was fraud, which later led to not being injured.
[53:54.000 --> 54:08.000]  So I suspect that if I have anything from this debt buyer, in other words, to clarify, they're the loan servicer, maybe the real party in interest,
[54:08.000 --> 54:14.000]  maybe even the actual plaintiff, showing that's kind of hard, but I suspect they are.
[54:14.000 --> 54:21.000]  And this organization was not the plaintiff in the case that was filed two weeks later.
[54:21.000 --> 54:25.000]  But they kept sending me letters as though they were servicing the debt.
[54:25.000 --> 54:40.000]  Each one of these letters said, you know, essentially the debt is past the statute of limitations and, you know, other things that might very well be FDCPA violations, false misleading issues.
[54:40.000 --> 54:44.000]  Okay. FDCPA does have a prohibition.
[54:44.000 --> 54:48.000]  I used to have the number in my head.
[54:48.000 --> 54:54.000]  It's 1592 is FDCPA.
[54:54.000 --> 54:59.000]  I think it's 15 U.S. Code 1592.
[54:59.000 --> 55:00.000]  Or is it 12?
[55:00.000 --> 55:03.000]  I forget. I'll have to pull it up real quick.
[55:03.000 --> 55:24.000]  But one of them specifically prohibits a debt collector from making a claim to do something that they either do not intend to do or cannot do.
[55:24.000 --> 55:33.000]  It is 15 U.S. Code 1692.
[55:33.000 --> 55:35.000]  Okay. That's FDCPA in general.
[55:35.000 --> 55:41.000]  False or misleading representation 1692E.
[55:41.000 --> 55:55.000]  A debt collector may not use a false deceptive or misleading representation or means in the connection with the collection of any debt without limiting the general application of the foregoing.
[55:55.000 --> 56:13.000]  Following conduct is a violation of this section. False representation or implication that the debt collector is vouched for, bonded by or affiliated with the United States, including any use of any bad uniform or facsimile thereof.
[56:13.000 --> 56:20.000]  False representation of the character or amount or legal status of any debt.
[56:20.000 --> 56:31.000]  Any services rendered a compensation which may be lawfully received by any debt collector for the collection of debt.
[56:31.000 --> 56:36.000]  That's false representation of any services rendered.
[56:36.000 --> 56:37.000]  Okay.
[56:37.000 --> 56:46.000]  The false representation or implication that any individual is an attorney or that any communication is from an attorney.
[56:46.000 --> 57:06.000]  The representation or implication that nonpayment of any debt will result in arrest or imprisonment or the seizure, garnishment, attachment or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
[57:06.000 --> 57:13.000]  The threat to take any action that cannot legally be taken or that is not intended to be taken.
[57:13.000 --> 57:15.000]  That's the one I was looking for.
[57:15.000 --> 57:20.000]  15 U.S. Code 1692E.
[57:20.000 --> 57:23.000]  Does that sound like it fits, Mark?
[57:23.000 --> 57:28.000]  It absolutely sounds like it fits and it's perfect.
[57:28.000 --> 57:31.000]  So that seems applicable.
[57:31.000 --> 57:33.000]  There's only a one year statute of limitations.
[57:33.000 --> 57:44.000]  I can't reference this assignment, which is certainly false and misleading, that was filed in the county record in 2013.
[57:44.000 --> 58:00.000]  But since they sent me a letter within the last year, so long as I have one letter, what I believe I would have good capacity to do here is file that suit, go after actual damages and an extra thousand bucks.
[58:00.000 --> 58:06.000]  And I hear your break music out there, so I'll pick it up if you want.
[58:06.000 --> 58:07.000]  Okay.
[58:07.000 --> 58:11.000]  We've got about 40 more seconds.
[58:11.000 --> 58:16.000]  Okay, well, this is a good time for me to pitch the fundraiser.
[58:16.000 --> 58:27.000]  We are looking at having to start running archives more often because we have to do something else to be able to support the network.
[58:27.000 --> 58:36.000]  I know Dema ran a couple last night and then two weeks ago because she had to do some outside gigs to make enough money to keep this thing going.
[58:36.000 --> 58:40.000]  So we need all the help we can get to get enough funds to keep this on the air.
[58:40.000 --> 58:44.000]  So any help you can give us would be greatly appreciated.
[58:44.000 --> 58:50.000]  We'll be right.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 59:01.000]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.000 --> 59:06.000]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
[59:06.000 --> 59:13.000]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.000 --> 59:18.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.000 --> 59:27.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ, and how to build up the church.
[59:27.000 --> 59:33.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:33.000 --> 59:40.000]  call Bibles for America toll free at 888-551-0102.
[59:40.000 --> 59:45.000]  That's 888-551-0102.
[59:45.000 --> 59:52.000]  Or visit us online at bfa.org.
[59:52.000 --> 01:00:00.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.000 --> 01:00:08.000]  The following news flash is brought to you by the Lone Star Lowdown, providing the jelly bulletins for the commodities market.
[01:00:08.000 --> 01:00:21.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:21.000 --> 01:00:28.000]  Markets for Friday, February 19, 2016 are currently treading with gold at $1,225.73 an ounce,
[01:00:28.000 --> 01:00:34.000]  silver at $15.33 an ounce, Texas crude at $30.77 a barrel,
[01:00:34.000 --> 01:00:44.000]  and Bitcoin is currently sitting at about $418 U.S. currency.
[01:00:44.000 --> 01:00:49.000]  Today in history, the year 1942, through Executive Order 9066,
[01:00:49.000 --> 01:00:56.000]  President Franklin D. Roosevelt authorized the deportation and incarceration of nearly 130 mainland Japanese Americans
[01:00:56.000 --> 01:00:59.000]  who were forcibly relocated from their West Coast homes.
[01:00:59.000 --> 01:01:07.000]  The presidential order allowed regional military commanders the power to declare that all people of Japanese ancestry were excluded from the entire West Coast,
[01:01:07.000 --> 01:01:12.000]  except, of course, for those within government camps, American concentration camps.
[01:01:12.000 --> 01:01:17.000]  Today in history.
[01:01:17.000 --> 01:01:22.000]  In recent news, U.S. Attorney Ellen Decker wrote in a court filing today in Riverside, California
[01:01:22.000 --> 01:01:27.000]  that Apple, quote, has the technical ability to comply with the court order and is refusing to assist
[01:01:27.000 --> 01:01:32.000]  because of concerns to its business model and public brand marketing strategy.
[01:01:32.000 --> 01:01:38.000]  This after Apple CEO Tim Cook a few days ago released a public statement to his customers and investors stating that, quote,
[01:01:38.000 --> 01:01:44.000]  the United States government has demanded that Apple take an unprecedented step, which threatens the security of our customers.
[01:01:44.000 --> 01:01:48.000]  We oppose this order, which has implications far beyond the legal case at hand.
[01:01:48.000 --> 01:01:56.000]  This bold statement came in defiance to a court order by California judge Sherry Pine for Apple to develop a new version of the iPhone's operating system,
[01:01:56.000 --> 01:02:03.000]  which would allow the FBI to use its computers to guess the passcode quickly without getting locked out for making too many guesses.
[01:02:03.000 --> 01:02:11.000]  Apple has until February 26 to respond to the court order.
[01:02:11.000 --> 01:02:17.000]  The United States government has issued a license to Boeing today for them to be able to conduct negotiations with airlines in Iran.
[01:02:17.000 --> 01:02:21.000]  However, further approvals would be needed in addition in order to make sales.
[01:02:21.000 --> 01:02:25.000]  Analysts are noting that Boeing faces numerous challenges in Iran.
[01:02:25.000 --> 01:02:32.000]  The country may not be able to afford many of their planes, and financial backers may consider investing in leases or sales to be too risky
[01:02:32.000 --> 01:02:35.000]  due to the possibility of repossessing aircraft in a bankruptcy.
[01:02:35.000 --> 01:02:44.000]  Iran continues to fly much older Boeing planes, including 11 747s that date from 1969 to 1988, according to Flight Global.
[01:02:44.000 --> 01:02:55.000]  Separately, General Electric, which makes engines for Boeing planes, stated that it's also applied for a U.S. license to sell engines and parts in Iran, though it hasn't been granted yet.
[01:02:55.000 --> 01:03:15.000]  This has been your Lowdown for February 19, 2016.
[01:03:25.000 --> 01:03:33.000]  Okay, we are back, and that wasn't me hacking and coughing.
[01:03:33.000 --> 01:03:40.000]  That was me not muting my caller, and Deborah's going to get me for that.
[01:03:40.000 --> 01:03:42.000]  Okay, Mark.
[01:03:42.000 --> 01:03:46.000]  Oh, is that me?
[01:03:46.000 --> 01:03:50.000]  My bad, I'm supposed to mute the caller when we go out.
[01:03:50.000 --> 01:03:54.000]  I'm old, I don't multitask well.
[01:03:54.000 --> 01:04:00.000]  Deborah's not old, so she's not tolerant of my oldness.
[01:04:00.000 --> 01:04:05.000]  Okay, anyway, where were we?
[01:04:05.000 --> 01:04:11.000]  You better watch out, pointing your finger at Jeff, man.
[01:04:11.000 --> 01:04:22.000]  I'm not concerned about Jeff because I can run faster scared than he can mad.
[01:04:22.000 --> 01:04:24.000]  Jeff is one of the good people around.
[01:04:24.000 --> 01:04:29.000]  I wish I had more people like Jeff around.
[01:04:29.000 --> 01:04:33.000]  He's always solid, he always has good information.
[01:04:33.000 --> 01:04:42.000]  Yeah, the times that I've spoken with him, it's certainly the case on your show, and I've been to a few of his sites.
[01:04:42.000 --> 01:04:45.000]  He seems to have done his homework.
[01:04:45.000 --> 01:04:53.000]  What I wanted to ask here, you'll know the answer to this, so you're the perfect guy to ask, and you'll tell me, I think.
[01:04:53.000 --> 01:05:00.000]  In the case that was subsequently filed for foreclosure without going all over it,
[01:05:00.000 --> 01:05:08.000]  there are pleadings in that case which are perjurious that were made and that would qualify as aggravated perjury
[01:05:08.000 --> 01:05:15.000]  against the law firm that had made those or allowed that to be made by the plaintiffs, supposedly.
[01:05:15.000 --> 01:05:21.000]  These pleadings are in direct conflict with the original complaint,
[01:05:21.000 --> 01:05:30.000]  and what I'm wondering here is if they have essentially made pleadings which were perjurious,
[01:05:30.000 --> 01:05:36.000]  they're thus false and misleading, is that an FDCPA violation?
[01:05:36.000 --> 01:05:40.000]  No, that's criminal.
[01:05:40.000 --> 01:05:53.000]  And we have a statute in Texas that says that if a document is perjurious, it is void.
[01:05:53.000 --> 01:05:58.000]  The judge can't see a perjured document.
[01:05:58.000 --> 01:06:07.000]  Did you have evidence before the court to indicate that the document was perjurious?
[01:06:07.000 --> 01:06:09.000]  That's an interesting question.
[01:06:09.000 --> 01:06:11.000]  I believe I do.
[01:06:11.000 --> 01:06:24.000]  In the very last motion that I made before the court, I called it to the court's attention and that this statement is perjurious.
[01:06:24.000 --> 01:06:33.000]  I said aggravated perjury. I learned the term from you and Steve because he said lawyers don't lie.
[01:06:33.000 --> 01:06:45.000]  Okay, if you look at Title 18 of the U.S. Code, it's 18 U.S. Code 4.
[01:06:45.000 --> 01:06:56.000]  Now, it's not 18 U.S. Code 5962, it's 4, and U.S. Code 3 has been repealed.
[01:06:56.000 --> 01:07:04.000]  Right up there in the front, subordination of perjury, you should read that one.
[01:07:04.000 --> 01:07:13.000]  If the judge had evidence entered into the court that a document was perjurious and he acted on that document,
[01:07:13.000 --> 01:07:16.000]  that's suborning perjury.
[01:07:16.000 --> 01:07:23.000]  Oh, he's committing a violation himself in doing so, right?
[01:07:23.000 --> 01:07:26.000]  Absolutely.
[01:07:26.000 --> 01:07:34.000]  The fact that it's right up there at the front of the code, it's not like it was an afterthought.
[01:07:34.000 --> 01:07:37.000]  Right. It's meant to be there.
[01:07:37.000 --> 01:07:44.000]  It's meant to be, I would take that as meaning that it's meant to be taken very serious.
[01:07:44.000 --> 01:07:53.000]  So I would say, okay, first we want to get a writing down a good timeline.
[01:07:53.000 --> 01:07:58.000]  Did you hear the first part of the show?
[01:07:58.000 --> 01:08:04.000]  I heard parts of it. I heard you talking about pattern interruption.
[01:08:04.000 --> 01:08:09.000]  I heard you talking about legal writing, and that was brilliant.
[01:08:09.000 --> 01:08:12.000]  You were not off the mark at all.
[01:08:12.000 --> 01:08:17.000]  If people are paying attention, we have to resonate with the audience,
[01:08:17.000 --> 01:08:21.000]  and we have to use every technique that we can.
[01:08:21.000 --> 01:08:26.000]  In the documents that I filed, I had an attorney that didn't know really what we were doing,
[01:08:26.000 --> 01:08:31.000]  but he told me that this was filed past statute of limitations and woke me up with that,
[01:08:31.000 --> 01:08:35.000]  and then he helped me put together a motion.
[01:08:35.000 --> 01:08:38.000]  He basically repeated everything.
[01:08:38.000 --> 01:08:41.000]  So I had something here where I had twice as many pages.
[01:08:41.000 --> 01:08:46.000]  It was an exact repeat of what he had just said, and I said, what in the heck is this?
[01:08:46.000 --> 01:08:50.000]  He says, that's how it's done, and there we were.
[01:08:50.000 --> 01:08:53.000]  I don't know if you've ever seen that, but that was what he was doing.
[01:08:53.000 --> 01:08:56.000]  Okay. I'd have to see the document.
[01:08:56.000 --> 01:09:01.000]  That doesn't sound right.
[01:09:01.000 --> 01:09:08.000]  You have a statement of facts, and then a statement of points and authorities
[01:09:08.000 --> 01:09:15.000]  which will follow the statement of facts, but it adds in the case law.
[01:09:15.000 --> 01:09:22.000]  The reason I brought that up is we're looking at preparing an action
[01:09:22.000 --> 01:09:29.000]  against a judge, a civil action to sue the judge himself.
[01:09:29.000 --> 01:09:30.000]  Right.
[01:09:30.000 --> 01:09:36.000]  So when you sue a judge, you absolutely have to have all your ducks in a row.
[01:09:36.000 --> 01:09:37.000]  Oh, you bet.
[01:09:37.000 --> 01:09:41.000]  So we go back to that procedure.
[01:09:41.000 --> 01:09:47.000]  First thing that I need to be able to look at this is a timeline,
[01:09:47.000 --> 01:09:52.000]  as complete a timeline as I can get.
[01:09:52.000 --> 01:09:56.000]  I sent you an email with a link.
[01:09:56.000 --> 01:09:58.000]  Oh, okay.
[01:09:58.000 --> 01:10:02.000]  I'm going to look at the timeline probably different than you do,
[01:10:02.000 --> 01:10:06.000]  because you were involved in it.
[01:10:06.000 --> 01:10:12.000]  I can look at it kind of from above, and I'll look for what should be there
[01:10:12.000 --> 01:10:18.000]  and what's not there as well as what is there.
[01:10:18.000 --> 01:10:22.000]  And I may have some questions to go into the empties places,
[01:10:22.000 --> 01:10:27.000]  but we need a good, effective statement of facts.
[01:10:27.000 --> 01:10:30.000]  We need all of the pieces nailed together.
[01:10:30.000 --> 01:10:34.000]  Once we've got them all nailed together, now we can look at them
[01:10:34.000 --> 01:10:39.000]  and begin to determine what accusations we can make.
[01:10:39.000 --> 01:10:41.000]  Got it.
[01:10:41.000 --> 01:10:48.000]  We have to have all the facts we can get in a good timeline
[01:10:48.000 --> 01:10:52.000]  so we can walk down it and get a good idea.
[01:10:52.000 --> 01:10:56.000]  So an ordinary person could look at this and get a good idea of what all went on.
[01:10:56.000 --> 01:11:02.000]  Then we can start piecing in the accusations we can make,
[01:11:02.000 --> 01:11:09.000]  and then we can build an order that we want to get done.
[01:11:09.000 --> 01:11:12.000]  We can build a really nice document.
[01:11:12.000 --> 01:11:14.000]  I think there'll be some fun in it.
[01:11:14.000 --> 01:11:17.000]  I've got a few things in the last motion.
[01:11:17.000 --> 01:11:19.000]  Not only do I point the finger at them and say,
[01:11:19.000 --> 01:11:23.000]  this is aggravated perjury, nobody seemed to get all missed about it.
[01:11:23.000 --> 01:11:26.000]  They just toasted right over it.
[01:11:26.000 --> 01:11:29.000]  And I also noted for the judge, someone was telling me,
[01:11:29.000 --> 01:11:32.000]  you don't want to do this, but I said, I have to do this.
[01:11:32.000 --> 01:11:34.000]  I have nothing to lose.
[01:11:34.000 --> 01:11:37.000]  And I told the judge that his reopening of a case,
[01:11:37.000 --> 01:11:40.000]  when he had already signed my motion and found in my favor,
[01:11:40.000 --> 01:11:43.000]  as it was now past the statute of limitations,
[01:11:43.000 --> 01:11:48.000]  his reopening the case without a valid prima facie cause of evidence
[01:11:48.000 --> 01:11:52.000]  was in direct violation of Arkansas Code such and such.
[01:11:52.000 --> 01:11:58.000]  And it's also, it goes to the doctrine of collateral estoppel.
[01:11:58.000 --> 01:12:01.000]  Yeah, okay.
[01:12:01.000 --> 01:12:04.000]  Once a case has been litigated,
[01:12:04.000 --> 01:12:10.000]  and the plenary jurisdiction has expired,
[01:12:10.000 --> 01:12:17.000]  did 30 days pass before the judge reopened?
[01:12:17.000 --> 01:12:21.000]  I think it might have been 30 days that passed.
[01:12:21.000 --> 01:12:25.000]  It was within the timeframe that was allowed though, I do know that.
[01:12:25.000 --> 01:12:27.000]  Oh, okay.
[01:12:27.000 --> 01:12:31.000]  At least in that state, they give more time.
[01:12:31.000 --> 01:12:35.000]  I could see as I was trying to read and figure out, you know,
[01:12:35.000 --> 01:12:38.000]  what grounds could exist for this.
[01:12:38.000 --> 01:12:43.000]  It's reasonable since the plaintiffs' attorneys argued that I didn't notify them,
[01:12:43.000 --> 01:12:47.000]  didn't serve them, that they didn't know about my motion
[01:12:47.000 --> 01:12:50.000]  that sat on the judge's desk for 90 days.
[01:12:50.000 --> 01:12:54.000]  However, I sent that via certified mail.
[01:12:54.000 --> 01:12:56.000]  They got it.
[01:12:56.000 --> 01:12:58.000]  Someone didn't sign for it.
[01:12:58.000 --> 01:13:02.000]  They didn't sign for it during business hours.
[01:13:02.000 --> 01:13:06.000]  And in order to be a practicing attorney in the state of Arkansas,
[01:13:06.000 --> 01:13:09.000]  they're supposed to have an office that's open during business hours,
[01:13:09.000 --> 01:13:10.000]  something to that effect.
[01:13:10.000 --> 01:13:12.000]  I brought that up in the hearing.
[01:13:12.000 --> 01:13:14.000]  I said, I served them.
[01:13:14.000 --> 01:13:16.000]  They can't say that they weren't served.
[01:13:16.000 --> 01:13:23.000]  They're able to view files in the same electronic format that I can to the county.
[01:13:23.000 --> 01:13:28.000]  And, you know, I sent it to them via regular U.S. mail, as I said, by certified mail.
[01:13:28.000 --> 01:13:32.000]  How can they say they didn't get it and didn't know about it?
[01:13:32.000 --> 01:13:34.000]  It just doesn't make any sense.
[01:13:34.000 --> 01:13:41.000]  And later on, I wonder how the judge could possibly say that he might have committed
[01:13:41.000 --> 01:13:44.000]  some kind of error in signing in my favor.
[01:13:44.000 --> 01:13:46.000]  So those are kind of interesting points.
[01:13:46.000 --> 01:13:51.000]  But on my end, I'm looking into the FDCPA stuff,
[01:13:51.000 --> 01:13:54.000]  and I'm going to try to develop that type of thing,
[01:13:54.000 --> 01:13:58.000]  because I think I have just a few months to get it done.
[01:13:58.000 --> 01:14:02.000]  And what I was concerned about at this point,
[01:14:02.000 --> 01:14:06.000]  and I'll give you anything you want relative to the suing the judge
[01:14:06.000 --> 01:14:09.000]  and possibly the attorneys, as you mentioned,
[01:14:09.000 --> 01:14:15.000]  but what I'm curious about is if they've made perjurious pleadings,
[01:14:15.000 --> 01:14:18.000]  is that an FDCPA violation,
[01:14:18.000 --> 01:14:22.000]  or should we say, no, that's not it?
[01:14:22.000 --> 01:14:24.000]  No, that's a criminal.
[01:14:24.000 --> 01:14:26.000]  That's a criminal violation.
[01:14:26.000 --> 01:14:31.000]  And it goes to due process.
[01:14:31.000 --> 01:14:34.000]  It goes to procedural due process.
[01:14:34.000 --> 01:14:36.000]  Right, okay.
[01:14:36.000 --> 01:14:39.000]  And that'll get you in the federal court with them.
[01:14:39.000 --> 01:14:46.000]  They denied you procedural due process by presenting perjurious statements to the court.
[01:14:46.000 --> 01:14:51.000]  And the court suborned that perjury after being given notice and evidence
[01:14:51.000 --> 01:14:56.000]  in support of your assertion of perjurious documents.
[01:14:56.000 --> 01:15:01.000]  The judge considered them anyway, then the judge suborned perjury,
[01:15:01.000 --> 01:15:04.000]  and that's a procedural due process violation.
[01:15:04.000 --> 01:15:06.000]  Well, that is very nice.
[01:15:06.000 --> 01:15:10.000]  I objected to what they were calling a business record affidavit,
[01:15:10.000 --> 01:15:15.000]  which was just ridiculous in just about every one of these hearings
[01:15:15.000 --> 01:15:17.000]  where that stuff is presented.
[01:15:17.000 --> 01:15:19.000]  I suspect people should always object.
[01:15:19.000 --> 01:15:24.000]  But anyway, there were a few things that I didn't do that I should have done,
[01:15:24.000 --> 01:15:27.000]  but in general, this is just glaring.
[01:15:27.000 --> 01:15:29.000]  It's obvious on its face.
[01:15:29.000 --> 01:15:35.000]  And the assignment itself is something that is clearly fraudulent.
[01:15:35.000 --> 01:15:40.000]  So I want to see what you think about this, and then I guess I'm wrapped.
[01:15:40.000 --> 01:15:48.000]  With respect to the FDCPA, probably the best path might be to sue the servicer,
[01:15:48.000 --> 01:15:52.000]  and therefore we're not dealing with any kind of res judicata or any of that.
[01:15:52.000 --> 01:16:00.000]  I've got a case where I can win $1,000 and over $200,000 in actual damages,
[01:16:00.000 --> 01:16:07.000]  and I have the capacity, if I file an FDCPA case and I just call to the court's attention
[01:16:07.000 --> 01:16:13.000]  that we've got a letter here that's in violation, it's misleading,
[01:16:13.000 --> 01:16:23.000]  and I cite exactly what you mentioned, then more or less I want to actually file discovery.
[01:16:23.000 --> 01:16:30.000]  And I would like to file some discovery and make the federal court force them to answer it.
[01:16:30.000 --> 01:16:34.000]  That would help me create a case later on to go back for fraud
[01:16:34.000 --> 01:16:37.000]  and sue them for trouble damages.
[01:16:37.000 --> 01:16:38.000]  Does that make sense?
[01:16:38.000 --> 01:16:40.000]  That does make sense.
[01:16:40.000 --> 01:16:42.000]  Okay, hang on.
[01:16:42.000 --> 01:16:43.000]  Let's pick this up on the other side.
[01:16:43.000 --> 01:16:45.000]  Randy Kelton, rule of law radio.
[01:16:45.000 --> 01:16:49.000]  Our call-in number, 512-646-1984.
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[01:19:13.000 --> 01:19:29.000]  Oh, come on.
[01:19:29.000 --> 01:19:32.000]  Okay, we are back, Randy Kelton, rule of law radio.
[01:19:32.000 --> 01:19:36.000]  And we're talking to Mark in Texas.
[01:19:36.000 --> 01:19:40.000]  And you mentioned the assignment.
[01:19:40.000 --> 01:19:49.000]  Did the court there rule that you didn't have standing to challenge the assignment?
[01:19:49.000 --> 01:19:51.000]  That's an interesting thing.
[01:19:51.000 --> 01:19:54.000]  And I think officially they may have.
[01:19:54.000 --> 01:20:00.000]  In this hearing, if anyone had seen this hearing,
[01:20:00.000 --> 01:20:03.000]  they would have been appalled at what had really happened.
[01:20:03.000 --> 01:20:07.000]  And the judge pretty much just looks to the plaintiff's attorney,
[01:20:07.000 --> 01:20:13.000]  and the plaintiff's attorney says that I wasn't a party to the assignment.
[01:20:13.000 --> 01:20:18.000]  I brought that up in my original response, so it was absolutely timely.
[01:20:18.000 --> 01:20:22.000]  And as far as the assignment itself is concerned,
[01:20:22.000 --> 01:20:27.000]  I went ahead and I reiterated probably two or three times my point.
[01:20:27.000 --> 01:20:36.000]  And I told the judge that this is something which is obviously fraudulent on its face.
[01:20:36.000 --> 01:20:41.000]  And then I might have made a mistake because I actually, you know,
[01:20:41.000 --> 01:20:47.000]  if we're dealing with a difficult situation where the judge hasn't really read all the documents,
[01:20:47.000 --> 01:20:51.000]  doesn't understand the documents, this kind of refers back to what you were saying earlier.
[01:20:51.000 --> 01:20:53.000]  And there we were.
[01:20:53.000 --> 01:20:56.000]  I, of course, did bring that argument out the way that I thought I should.
[01:20:56.000 --> 01:21:02.000]  I wasn't really prepared to do it because I thought we were hearing my simple motion on,
[01:21:02.000 --> 01:21:05.000]  you know, this being filed past the statute of limitations anyway.
[01:21:05.000 --> 01:21:11.000]  Okay. This, yeah, this will go to, that part will go to procedural due process.
[01:21:11.000 --> 01:21:18.000]  The reason I asked that question is thanks to Ms. Leslie.
[01:21:18.000 --> 01:21:22.000]  I have a link to the Yavanova decision.
[01:21:22.000 --> 01:21:28.000]  This is a case we've been waiting for in California.
[01:21:28.000 --> 01:21:32.000]  And generally as California goes, so goes the rest of the nation.
[01:21:32.000 --> 01:21:34.000]  Okay. Go ahead, Mark.
[01:21:34.000 --> 01:21:35.000]  Oh, I'm sorry.
[01:21:35.000 --> 01:21:36.000]  What was the name of the decision?
[01:21:36.000 --> 01:21:38.000]  I'll read it.
[01:21:38.000 --> 01:21:43.000]  Yavanova, Y-V-A-N-O-V-A.
[01:21:43.000 --> 01:21:45.000]  Y-V-A-N-O-V-A, okay.
[01:21:45.000 --> 01:21:53.000]  This is interesting because Yavanova filed a stop foreclosure action,
[01:21:53.000 --> 01:22:00.000]  pro se, and she got ruled against in the state court or in the trial court.
[01:22:00.000 --> 01:22:07.000]  And then, yeah, state trial court, and then got a lawyer to do the appeal.
[01:22:07.000 --> 01:22:18.000]  And what the issue was is does the borrower have a right to challenge an assignment?
[01:22:18.000 --> 01:22:19.000]  Right.
[01:22:19.000 --> 01:22:26.000]  And in California, they had the Jenkins decision that had been followed for quite a while.
[01:22:26.000 --> 01:22:31.000]  And what the Jenkins decision said essentially was, no, you don't.
[01:22:31.000 --> 01:22:41.000]  And then the Northern District in California came in with a ruling under Glasky that said, yes, you can.
[01:22:41.000 --> 01:22:46.000]  So there was a split between the circuits.
[01:22:46.000 --> 01:22:50.000]  And Yavanova addressed this issue.
[01:22:50.000 --> 01:22:57.000]  I have someone that I work with who had a mirror case to Yavanova.
[01:22:57.000 --> 01:23:04.000]  And he had been ruled against in the state court, and he had filed with this court of appeals.
[01:23:04.000 --> 01:23:10.000]  And when Yavanova was picked up by the Supreme.
[01:23:10.000 --> 01:23:21.000]  So the appeals court in this friend of mine's case was waiting for the Yavanova decision.
[01:23:21.000 --> 01:23:25.000]  And Yavanova came down two days ago.
[01:23:25.000 --> 01:23:31.000]  And they dropped a bomb on the banks.
[01:23:31.000 --> 01:23:35.000]  Holy mackerel.
[01:23:35.000 --> 01:23:43.000]  They didn't just, you know, we had asked in our appeal that I helped Rick right.
[01:23:43.000 --> 01:23:54.000]  We claimed that the Jenkins decision that said that you didn't have standing to challenge an assignment was misinterpreted.
[01:23:54.000 --> 01:23:58.000]  The Jenkins decision did not say you don't have standing.
[01:23:58.000 --> 01:24:06.000]  It says that you can't make a general accusation against an assignment without facts.
[01:24:06.000 --> 01:24:10.000]  You can't use this claim as a phishing expedition.
[01:24:10.000 --> 01:24:11.000]  Right.
[01:24:11.000 --> 01:24:19.000]  So we asked the court to distinguish Jenkins and say that Jenkins didn't deny you the right to challenge the assignment.
[01:24:19.000 --> 01:24:26.000]  It denied you the right to challenge the assignment with no evidence to support your claim.
[01:24:26.000 --> 01:24:32.000]  Well, Yavanova came in between.
[01:24:32.000 --> 01:24:34.000]  So we're waiting for Yavanova.
[01:24:34.000 --> 01:24:42.000]  And what Yavanova says is absolutely you have a right to challenge the assignment.
[01:24:42.000 --> 01:24:45.000]  It would be ludicrous to rule otherwise.
[01:24:45.000 --> 01:24:48.000]  It did not distinguish Jenkins.
[01:24:48.000 --> 01:24:56.000]  It threw Jenkins out the window and actually stipulated Jenkins progeny.
[01:24:56.000 --> 01:25:00.000]  It says we disapprove Jenkins.
[01:25:00.000 --> 01:25:06.000]  Cyglia, Fontenot, Herrera.
[01:25:06.000 --> 01:25:08.000]  It threw them all out.
[01:25:08.000 --> 01:25:12.000]  These cases were progeny of Jenkins.
[01:25:12.000 --> 01:25:13.000]  Okay.
[01:25:13.000 --> 01:25:16.000]  It threw them all out the window.
[01:25:16.000 --> 01:25:19.000]  This is like dropping a bomb on the banks.
[01:25:19.000 --> 01:25:21.000]  Is that really about due process?
[01:25:21.000 --> 01:25:26.000]  Because basically this assignment is used and it was filed.
[01:25:26.000 --> 01:25:29.000]  It was filed as though it had some valid meaning.
[01:25:29.000 --> 01:25:31.000]  It's clearly fraud on its face.
[01:25:31.000 --> 01:25:32.000]  Okay.
[01:25:32.000 --> 01:25:34.000]  Here's what the court said.
[01:25:34.000 --> 01:25:37.000]  On the narrow question before us,
[01:25:37.000 --> 01:25:44.000]  whether a wrongful foreclosure plaintiff may challenge an assignment to the foreclosing entity as void,
[01:25:44.000 --> 01:25:49.000]  we conclude Blaski provides a more logical answer than Jenkins.
[01:25:49.000 --> 01:25:52.000]  As explained in Part 1 and 2,
[01:25:52.000 --> 01:25:59.000]  only the entity holding the beneficial interest under the deed of trust, the original lender,
[01:25:59.000 --> 01:26:05.000]  its assignee or an agent of one of these may instruct the trustee to commence
[01:26:05.000 --> 01:26:10.000]  and complete the nonjudicial foreclosure.
[01:26:10.000 --> 01:26:17.000]  If a purported assignment necessary to chain of title
[01:26:17.000 --> 01:26:21.000]  by which the foreclosing entity claims that power is absolutely void,
[01:26:21.000 --> 01:26:25.000]  meaning of no legal force or effect whatsoever.
[01:26:25.000 --> 01:26:26.000]  Let's see.
[01:26:26.000 --> 01:26:27.000]  It's hard to read this part.
[01:26:27.000 --> 01:26:30.000]  Let me go on down to the...
[01:26:30.000 --> 01:26:31.000]  Okay.
[01:26:31.000 --> 01:26:36.000]  The borrower owes money not to the world at large,
[01:26:36.000 --> 01:26:41.000]  but to a particular person or institution,
[01:26:41.000 --> 01:26:49.000]  and only the person or institution entitled to payment may enforce the debt by foreclosing on the security.
[01:26:49.000 --> 01:26:51.000]  That's beautiful.
[01:26:51.000 --> 01:26:52.000]  Okay.
[01:26:52.000 --> 01:26:55.000]  The logic of defendants, nonjudicial...
[01:26:55.000 --> 01:26:56.000]  No.
[01:26:56.000 --> 01:26:57.000]  I'm sorry.
[01:26:57.000 --> 01:27:02.000]  The logic of defendants, no prejudice argument implies that...
[01:27:02.000 --> 01:27:06.000]  Okay. This goes to...
[01:27:06.000 --> 01:27:11.000]  And on page 23, they thumbed their noses at UCC 3-301,
[01:27:11.000 --> 01:27:15.000]  where it appears to allow a thief to make claims.
[01:27:15.000 --> 01:27:20.000]  The logic of defendants, no prejudice argument implies that anyone,
[01:27:20.000 --> 01:27:26.000]  even a stranger to the debt, could declare a default and order a trustee to settle,
[01:27:26.000 --> 01:27:29.000]  and the borrower would be left with no recourse,
[01:27:29.000 --> 01:27:37.000]  because after all, he or she owed the debt to someone, though not to the foreclosing entity.
[01:27:37.000 --> 01:27:39.000]  This would be an odd result indeed.
[01:27:39.000 --> 01:27:45.000]  And this is a quote from Renegale that had already been in place that led to Glasky.
[01:27:45.000 --> 01:27:50.000]  The Supremes continued along the line with one of our favorite remarks.
[01:27:50.000 --> 01:27:55.000]  The district court observed in rejecting the no prejudice argument,
[01:27:55.000 --> 01:28:03.000]  blanks are neither private attorney general nor armed with roving...
[01:28:03.000 --> 01:28:07.000]  I'm sorry, banks, that blanks because of the brackets.
[01:28:07.000 --> 01:28:15.000]  Banks are neither private attorneys general nor armed with a roving commission
[01:28:15.000 --> 01:28:20.000]  to seek out defaulting homeowners and take away their homes in satisfaction
[01:28:20.000 --> 01:28:22.000]  of some other bank's deed of trust.
[01:28:22.000 --> 01:28:27.000]  This is Miller versus Homecomings, and I know the attorney personally,
[01:28:27.000 --> 01:28:30.000]  he's an Austin attorney who got this particular decision.
[01:28:30.000 --> 01:28:34.000]  As a matter of fact, Steve Skidmore worked with him.
[01:28:34.000 --> 01:28:40.000]  The Supremes acknowledged the potential for damage and a wrongful foreclosure.
[01:28:40.000 --> 01:28:44.000]  Anyone dealing with this corrupt, securitized systems and harebrained,
[01:28:44.000 --> 01:28:49.000]  hemp modification program knows the stress and cost associated with it.
[01:28:49.000 --> 01:28:51.000]  This is not the Supreme.
[01:28:51.000 --> 01:28:54.000]  This is commentary in this article.
[01:28:54.000 --> 01:28:59.000]  Just to think about dealing with multiple...
[01:28:59.000 --> 01:29:00.000]  I'm sorry.
[01:29:00.000 --> 01:29:07.000]  Just to think about dealing with it multiple times is overwhelmingly depressing.
[01:29:07.000 --> 01:29:11.000]  And don't tell me if it hasn't happened yet it's not likely to
[01:29:11.000 --> 01:29:16.000]  because there is certainly a deficiency in intelligence in the statement,
[01:29:16.000 --> 01:29:18.000]  as the court pointed out,
[01:29:18.000 --> 01:29:25.000]  to acknowledge California Attorney General Kamala D. Harris' amicus curiae brief.
[01:29:25.000 --> 01:29:32.000]  Now, Leslie in Pennsylvania sent me that brief.
[01:29:32.000 --> 01:29:41.000]  The day after we filed our brief in the San Diego court on this issue,
[01:29:41.000 --> 01:29:46.000]  and it looked as though the attorney general had plagiarized our brief.
[01:29:46.000 --> 01:29:53.000]  So we were thrilled to see that and hear the Supremes address that brief.
[01:29:53.000 --> 01:29:55.000]  But they have to address it real fast.
[01:29:55.000 --> 01:29:56.000]  We're about to go to break.
[01:29:56.000 --> 01:29:57.000]  Hang on.
[01:29:57.000 --> 01:30:01.000]  We'll be right back.
[01:30:01.000 --> 01:30:02.000]  Foot and mouth syndrome.
[01:30:02.000 --> 01:30:03.000]  We've all been there.
[01:30:03.000 --> 01:30:06.000]  Whether you're on the giving end or the receiving end of a hurtful comment,
[01:30:06.000 --> 01:30:08.000]  words are hard to take back.
[01:30:08.000 --> 01:30:09.000]  I'm Dr. Catherine Albrecht,
[01:30:09.000 --> 01:30:13.000]  and I'll be back in a moment with some things that should never roll off your tongue.
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[01:30:17.000 --> 01:30:21.000]  and creating a massive database of your personal information.
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[01:30:44.000 --> 01:30:47.000]  In social situations, there are some things you should never say.
[01:30:47.000 --> 01:30:49.000]  These top my list.
[01:30:49.000 --> 01:30:51.000]  When does the baby do?
[01:30:51.000 --> 01:30:52.000]  Never say this to a woman.
[01:30:52.000 --> 01:30:55.000]  Imagine the embarrassment if she simply gained a few pounds.
[01:30:55.000 --> 01:30:58.000]  Don't talk baby unless she brings it up.
[01:30:58.000 --> 01:30:59.000]  You look good for your age,
[01:30:59.000 --> 01:31:03.000]  or you look great after losing all that weight or indirect insults.
[01:31:03.000 --> 01:31:05.000]  Instead just say, you look terrific.
[01:31:05.000 --> 01:31:07.000]  What's your secret?
[01:31:07.000 --> 01:31:09.000]  Finally, no matter how bad someone looks,
[01:31:09.000 --> 01:31:11.000]  never say, you look awful.
[01:31:11.000 --> 01:31:13.000]  That will just make the person feel worse.
[01:31:13.000 --> 01:31:15.000]  Instead say, how are things going?
[01:31:15.000 --> 01:31:17.000]  If they want to talk, that will open the door.
[01:31:17.000 --> 01:31:20.000]  And those are today's tips for taming your tongue.
[01:31:20.000 --> 01:31:21.000]  I'm Dr. Catherine Albrecht.
[01:31:21.000 --> 01:31:31.000]  More news and information at CatherineAlbrecht.com.
[01:31:31.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.000 --> 01:31:38.000]  The government says that fire brought it down.
[01:31:38.000 --> 01:31:43.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:46.000]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.000 --> 01:31:49.000]  But thousands of my fellow first responders are dying.
[01:31:49.000 --> 01:31:50.000]  I'm not a conspiracy theorist.
[01:31:50.000 --> 01:31:51.000]  I'm a structural engineer.
[01:31:51.000 --> 01:31:52.000]  I'm a New York City correction officer.
[01:31:52.000 --> 01:31:53.000]  I'm an Air Force pilot.
[01:31:53.000 --> 01:31:55.000]  I'm a father who lost his son.
[01:31:55.000 --> 01:31:58.000]  We're Americans, and we deserve the truth.
[01:31:58.000 --> 01:32:08.000]  Go to RememberBuilding7.org today.
[01:32:28.000 --> 01:32:45.000]  And we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.000 --> 01:32:50.000]  So if those out of town roofers come knocking, your door should be locking.
[01:32:50.000 --> 01:32:56.000]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.000 --> 01:32:58.000]  Discounts are based on full roof replacement.
[01:32:58.000 --> 01:33:01.000]  May not actually be kidding about chemtrails.
[01:33:01.000 --> 01:33:24.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:24.000 --> 01:33:26.000]  OK, we are back.
[01:33:26.000 --> 01:33:28.000]  Randy Kelton, the leader of our radio.
[01:33:28.000 --> 01:33:31.000]  We're talking to Mark in Texas.
[01:33:31.000 --> 01:33:34.000]  And I'm kind of cranked up.
[01:33:34.000 --> 01:33:38.000]  We're actually getting rulings in our favor.
[01:33:38.000 --> 01:33:44.000]  We have the Jasenowski ruling on a rescission.
[01:33:44.000 --> 01:33:45.000]  And now this one.
[01:33:45.000 --> 01:33:50.000]  Let me finish off this case.
[01:33:50.000 --> 01:33:55.000]  The Supremes acknowledged the potential for damage and wrongful foreclosure.
[01:33:55.000 --> 01:34:02.000]  Anyone dealing with this corrupt securitization and harebrained modification program knows the stress and costs associated with it.
[01:34:02.000 --> 01:34:09.000]  Just to think about dealing with it multiple times is overwhelming and depressive.
[01:34:09.000 --> 01:34:16.000]  And don't tell me if it hasn't happened yet that it's not likely to because there's certainly a deficiency in intelligence in the statement.
[01:34:16.000 --> 01:34:25.000]  As the court pointed out when they acknowledged California Attorney General Kamala D. Harris' amicus curiae brief,
[01:34:25.000 --> 01:34:31.000]  defendants note correctly that a plaintiff in Yavanova's position,
[01:34:31.000 --> 01:34:37.000]  having suffered an allegedly unauthorized nonjudicial foreclosure of her home,
[01:34:37.000 --> 01:34:42.000]  need not now fear another creditor coming forward to collect the debt.
[01:34:42.000 --> 01:34:51.000]  The home can only be foreclosed once and the trustee's sale extinguishes the debt.
[01:34:51.000 --> 01:34:55.000]  But as the attorney general points out in her amicus curiae brief,
[01:34:55.000 --> 01:35:05.000]  a holding that anyone may foreclose on a defaulting home loan borrower would multiply the risk for the homeowners
[01:35:05.000 --> 01:35:10.000]  that they might face a foreclosure at some point in the life of their loans.
[01:35:10.000 --> 01:35:16.000]  The possibility that multiple parties could each foreclose at the same time,
[01:35:16.000 --> 01:35:23.000]  that is, increases the borrower's overall risk of foreclosure.
[01:35:23.000 --> 01:35:34.000]  David, the guy I work with here in Dallas, he's going through the notice of intent to foreclose.
[01:35:34.000 --> 01:35:42.000]  And he's looking at the public records of people that are about to get foreclosed on.
[01:35:42.000 --> 01:35:45.000]  And he called me a couple days ago and he said,
[01:35:45.000 --> 01:35:59.000]  I got a case here where I have two different banks filing a notice of acceleration against the same property at the same time.
[01:35:59.000 --> 01:36:03.000]  So to say that this doesn't happen, absolutely it does happen.
[01:36:03.000 --> 01:36:07.000]  It is not as uncommon as we'd like to think.
[01:36:07.000 --> 01:36:13.000]  We have one right here in our hands right now where we have two banks,
[01:36:13.000 --> 01:36:18.000]  two deeds of trust they're trying to foreclose on at the same time.
[01:36:18.000 --> 01:36:27.000]  And there are a couple of at least two examples I'm aware of out of California where someone was foreclosed on.
[01:36:27.000 --> 01:36:35.000]  Their property was taken and then a couple months later they were foreclosed on again.
[01:36:35.000 --> 01:36:44.000]  I have to say this, in my case, the trustee that is the official plaintiff named on paper has,
[01:36:44.000 --> 01:36:46.000]  I don't know how to bring this in or if it would matter.
[01:36:46.000 --> 01:36:49.000]  It might matter in some of the people that you're helping.
[01:36:49.000 --> 01:36:51.000]  But this trustee is pretty large.
[01:36:51.000 --> 01:36:54.000]  They're involved in a lot of shady things.
[01:36:54.000 --> 01:37:01.000]  And there's a document that I had found online that was a document they were circulating to potential investors.
[01:37:01.000 --> 01:37:08.000]  And they actually said that they don't actually hold any of the notes or mortgages.
[01:37:08.000 --> 01:37:11.000]  They don't file any of the foreclosures.
[01:37:11.000 --> 01:37:16.000]  They're basically trying to say that they were, you know, tefloned all over their backside
[01:37:16.000 --> 01:37:21.000]  and that you could invest safely in our scam, which they're not calling it that.
[01:37:21.000 --> 01:37:25.000]  And you don't have to worry about us having any legal issues.
[01:37:25.000 --> 01:37:33.000]  And that's a very interesting document I would love to put in front of somebody who could think about it.
[01:37:33.000 --> 01:37:38.000]  How could you, well, I mean, when I get to the point where I'm looking into the fraud,
[01:37:38.000 --> 01:37:41.000]  that may be something fun to put in there, I guess.
[01:37:41.000 --> 01:37:44.000]  But anyway, I'm sorry, that's a scatterbrained talk.
[01:37:44.000 --> 01:37:52.000]  Okay. No, wait, you're saying that this is a trustee company?
[01:37:52.000 --> 01:37:57.000]  No. I don't know. I guess I could name it. Why not?
[01:37:57.000 --> 01:37:59.000]  Yeah, you can name it.
[01:37:59.000 --> 01:38:08.000]  If this company has a real name and what you're saying is not something you made up, then you can absolutely say it.
[01:38:08.000 --> 01:38:11.000]  I'm not pulling it out of any office I've got.
[01:38:11.000 --> 01:38:20.000]  And I'll tell you, this is a U.S. bank document, and it's out there, easy to find.
[01:38:20.000 --> 01:38:22.000]  I have it. I pulled it off just so somebody can find it.
[01:38:22.000 --> 01:38:27.000]  Okay. You can state on the radio anything that is public knowledge.
[01:38:27.000 --> 01:38:29.000]  Okay. Well, there we go.
[01:38:29.000 --> 01:38:41.000]  There's a document that I found online which specifically states that they don't file any of the foreclosure actions.
[01:38:41.000 --> 01:38:46.000]  And this seems to be a document like a pamphlet for investors.
[01:38:46.000 --> 01:38:53.000]  They officially on paper did file this action on behalf of another organization.
[01:38:53.000 --> 01:38:56.000]  And this tends me to a quick question I must ask you.
[01:38:56.000 --> 01:39:10.000]  In 2013, before this fraudulent assignment, the assignment was filed by supposedly, the assignment was filed by SPS, signed by an employee of SPS.
[01:39:10.000 --> 01:39:19.000]  The original lender was Fremont out of business in 2008 according to the Bresler case in New York and just common knowledge I guess.
[01:39:19.000 --> 01:39:30.000]  But it's basically saying on this document that Fremont, along with MERS, successors in the signs or whatever, assigns this to the U.S. bank.
[01:39:30.000 --> 01:39:35.000]  In the state of Arkansas, unlike other states, MERS cannot assign.
[01:39:35.000 --> 01:39:42.000]  It's very clear, easy to see language in the case Southwest Homes v. MERS.
[01:39:42.000 --> 01:39:47.000]  And in any event, that's a very interesting case.
[01:39:47.000 --> 01:39:51.000]  I spoke to the guy who won it and he didn't really agree with it himself.
[01:39:51.000 --> 01:39:53.000]  He didn't know where that came from.
[01:39:53.000 --> 01:39:58.000]  And I'm like, yeah, you're some bankster, you know, pocket change lap dog.
[01:39:58.000 --> 01:40:05.000]  But bottom line is I knew he wasn't the guy I needed to talk to any further when he said that.
[01:40:05.000 --> 01:40:12.000]  And, you know, I'm not saying a man's bad for earning a good living, but he's totally wrong and I'm sure we'd all agree with that.
[01:40:12.000 --> 01:40:18.000]  Anyway, what was interesting was in this case, MERS couldn't have made the assignment.
[01:40:18.000 --> 01:40:24.000]  Fremont is a quote-unquote dead man as we've discussed before as I've ultimately discussed the situation.
[01:40:24.000 --> 01:40:36.000]  And this assignment was made by the debt buyer that bought debt paper and then essentially presumed or purported or I don't know the right word.
[01:40:36.000 --> 01:40:49.000]  I know a better one probably, but they very maliciously and masterly took this thing, created this document that presumes to give this plaintiff the capacity to sue and then this plaintiff filed a suit.
[01:40:49.000 --> 01:40:52.000]  And that's just mind-boggling to me.
[01:40:52.000 --> 01:41:07.000]  Maybe, I'm sorry, I'm going off, but there's no point in that. Four or five months, I guess, prior to this being filed in the county record, I got a letter from Chase.
[01:41:07.000 --> 01:41:14.000]  And the interesting situation, in Arkansas, it doesn't have to be an assignment filed at all.
[01:41:14.000 --> 01:41:16.000]  They don't care about doing any of that.
[01:41:16.000 --> 01:41:33.000]  And when I did this loan with Fremont originally, within maybe six months, it was according to a letter from Fremont and a letter from Chase, it was assigned, Fremont said it was sold to Chase at that point.
[01:41:33.000 --> 01:41:39.000]  Okay, hold on, hold on. It was sold. What was sold?
[01:41:39.000 --> 01:41:46.000]  That's what they were saying, the mortgage, the note, the security interest in the property.
[01:41:46.000 --> 01:41:54.000]  Fremont's no longer involved is what these letters say, although there's a little ambiguity in these letters.
[01:41:54.000 --> 01:42:14.000]  Okay, that's, you know, as I get a better understanding of how the securitization thing works, it raises questions as to this kind of a statement, because now I really don't know what that means.
[01:42:14.000 --> 01:42:19.000]  To kind of understand how the securitization things work.
[01:42:19.000 --> 01:42:34.000]  The lender trades to you a warranty deed for a promise to pay a given amount over a specified period.
[01:42:34.000 --> 01:42:40.000]  And then he sell, he factors the payments.
[01:42:40.000 --> 01:42:45.000]  He sells the right to receive payment. He doesn't sell the note.
[01:42:45.000 --> 01:43:08.000]  He sells the right to receive payment. It's like if you have a business and I've had my own business and I get out there and I do a lot of jobs, invest my time, invest employee costs, product, and bill out to these clients.
[01:43:08.000 --> 01:43:19.000]  And I've got all these accounts receivable, but I don't have any money. So I can't create more accounts receivable because I'm out of money from creating past accounts receivable.
[01:43:19.000 --> 01:43:23.000]  So I go to the bank and say, I got all these accounts receivable, but I don't have any money to work with.
[01:43:23.000 --> 01:43:35.000]  I want you to buy or to factor my accounts receivable. That's the industry term for what we're doing here. We're factoring accounts receivable.
[01:43:35.000 --> 01:43:42.000]  Now, you give me money now and you can collect these accounts receivable.
[01:43:42.000 --> 01:43:49.000]  Okay. So the lender factors the accounts receivable to a special purpose vehicle.
[01:43:49.000 --> 01:43:55.000]  And the special purpose vehicle runs out of time because we're about to go to break. Hang on. We'll finish this on the other side.
[01:43:55.000 --> 01:44:00.000]  Randy Kelton, Radio. We'll be right back.
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[01:46:23.000 --> 01:46:28.000]  Okay, we are back.
[01:46:28.000 --> 01:46:35.000]  We're in Kelton Rule of Law Radio, and we're talking to Mark in Texas.
[01:46:35.000 --> 01:46:41.000]  If I could get the unmute to go.
[01:46:41.000 --> 01:46:45.000]  I lost my place, Mark.
[01:46:45.000 --> 01:46:56.000]  Basically, I was coming up to a point where I simply wanted to ask you, maybe you'll remember where you were, because it's all good.
[01:46:56.000 --> 01:47:07.000]  But I'm wondering if I might have capacity, because I tried to do three workout attempts with Chase after it had supposedly been assigned,
[01:47:07.000 --> 01:47:15.000]  been given, been sold, whatever happened between Fremont and Chase, and I tried to do three workout attempts with them.
[01:47:15.000 --> 01:47:21.000]  I paid them a lot of money, and they never intended to do anything, of course.
[01:47:21.000 --> 01:47:23.000]  We know that story.
[01:47:23.000 --> 01:47:33.000]  And as it all goes, I'd say probably six months before the assignment was filed by the new servicer,
[01:47:33.000 --> 01:47:38.000]  I got a letter from them saying that they were assigning it or giving it to...
[01:47:38.000 --> 01:47:39.000]  Oh, okay.
[01:47:39.000 --> 01:47:40.000]  Wait, wait, wait.
[01:47:40.000 --> 01:47:41.000]  Thank you.
[01:47:41.000 --> 01:47:44.000]  I finally remembered where I was at.
[01:47:44.000 --> 01:47:45.000]  Go for it.
[01:47:45.000 --> 01:47:56.000]  It is about this assignment and how this works, factoring the securities thing.
[01:47:56.000 --> 01:48:04.000]  The borrower factors the payments to a special purpose vehicle.
[01:48:04.000 --> 01:48:13.000]  And the special purpose vehicle buys the right to be paid from a whole bunch of loans.
[01:48:13.000 --> 01:48:24.000]  And then they take all of these factored notes, the rights to be paid, and they accumulate them together into a pool.
[01:48:24.000 --> 01:48:29.000]  And then they sell off portions of this pool to investments.
[01:48:29.000 --> 01:48:32.000]  That's the security.
[01:48:32.000 --> 01:48:33.000]  Right.
[01:48:33.000 --> 01:48:41.000]  When they pool all of these rights to be paid into one entity, that's what the security is.
[01:48:41.000 --> 01:48:51.000]  The securitization of the note, it's misleading because they don't securitize the note.
[01:48:51.000 --> 01:48:59.000]  So when you say they sold the note, something in my head is saying, wait a minute, wait a minute.
[01:48:59.000 --> 01:49:04.000]  Securitization doesn't have anything to do with the sale of the note.
[01:49:04.000 --> 01:49:10.000]  Bicurcated, if you will, is like the UCC argument, I think, from what I've read.
[01:49:10.000 --> 01:49:11.000]  All of that's there.
[01:49:11.000 --> 01:49:15.000]  I never really went and learned very much about any of that.
[01:49:15.000 --> 01:49:21.000]  I know it's there, I know it doesn't make any sense to the average reasonable human being.
[01:49:21.000 --> 01:49:31.000]  But all said, it was never anything all that complicated that was needed to be argued in my case.
[01:49:31.000 --> 01:49:34.000]  That just needs to be heard, and nobody cared to do that.
[01:49:34.000 --> 01:49:41.000]  Yeah, and that's what's going to give you a really good procedural due process suit.
[01:49:41.000 --> 01:49:52.000]  And this may be exactly the kind of suit we need to put the local district judges on notice.
[01:49:52.000 --> 01:49:53.000]  I'd love to do that.
[01:49:53.000 --> 01:49:56.000]  It needs to be done.
[01:49:56.000 --> 01:50:00.000]  You sue this judge for a procedural due process violation.
[01:50:00.000 --> 01:50:05.000]  That's a whole other animal than they're used to dealing with.
[01:50:05.000 --> 01:50:09.000]  And judges really hate to be sued.
[01:50:09.000 --> 01:50:10.000]  I love it.
[01:50:10.000 --> 01:50:12.000]  I remember we were talking about the writ of mandamus.
[01:50:12.000 --> 01:50:18.000]  There's a great foreclosure fighter in Austin, Texas that I talked to who couldn't help me at all.
[01:50:18.000 --> 01:50:26.000]  But after I'd had my, you know, took his hand and did me by this corrupt judge, but I'll clearly say that.
[01:50:26.000 --> 01:50:35.000]  After that had happened, he said, if the district court or the circuit court didn't have subject matter
[01:50:35.000 --> 01:50:40.000]  jurisdiction, the appellate court doesn't have subject matter jurisdiction.
[01:50:40.000 --> 01:50:43.000]  You need a writ of mandamus.
[01:50:43.000 --> 01:50:45.000]  And I thought, okay.
[01:50:45.000 --> 01:50:50.000]  And I looked into this a little bit further, and I talked to people who might potentially be able to help me
[01:50:50.000 --> 01:50:58.000]  with a motion to reopen the case or, you know, for a rehearing or something to that effect.
[01:50:58.000 --> 01:51:07.000]  And they all agreed if we have fraud in this case, then that can be dealt with at any time in the future.
[01:51:07.000 --> 01:51:13.000]  And so I was just starting to learn about the FTCPA stuff at the time, and I thought this would be a great way to do
[01:51:13.000 --> 01:51:23.000]  discovery that would be usable in a motion to reopen or a motion to avoid this judgment or get rid of it because it's fraudulent.
[01:51:23.000 --> 01:51:30.000]  And then once I've got that, I can go in and I can sue for travel damages without having to make the deal perhaps
[01:51:30.000 --> 01:51:33.000]  because I'll have a solid case.
[01:51:33.000 --> 01:51:35.000]  Well, one never knows.
[01:51:35.000 --> 01:51:41.000]  But in any event, I'd like to take them to the mat in every way possible.
[01:51:41.000 --> 01:51:46.000]  You commonly ask people, you ask me once to say, what do you want?
[01:51:46.000 --> 01:51:50.000]  All I really want, I want not to have my credit marred any further.
[01:51:50.000 --> 01:51:53.000]  It's already been done for many, many years.
[01:51:53.000 --> 01:52:03.000]  I want to go back to my life and not worry about being sued for some deficiency by crazy, maniacal idiots that are evil.
[01:52:03.000 --> 01:52:10.000]  I don't want criminals to come and literally steal property from me that they have no right to take.
[01:52:10.000 --> 01:52:18.000]  And in the grand scheme of things, what's essentially happened is an organization who bought the rights to this,
[01:52:18.000 --> 01:52:26.000]  if you will, for 10 bucks or less, 10 bucks in a handshake, whatever it is, then comes and takes the property.
[01:52:26.000 --> 01:52:32.000]  And then whenever they sell it at the courthouse steps or whatever, they come and they buy it.
[01:52:32.000 --> 01:52:36.000]  The plaintiffs actually came and bought it themselves.
[01:52:36.000 --> 01:52:41.000]  And there's a real crazy irony in that.
[01:52:41.000 --> 01:52:48.000]  How is it that they would need to come and do that when it was already supposedly, quote, unquote, theirs?
[01:52:48.000 --> 01:52:51.000]  They want it. They have a judgment that gives it to them.
[01:52:51.000 --> 01:52:56.000]  And a lot of that is they can't get anybody else to buy it.
[01:52:56.000 --> 01:53:00.000]  Nobody else would buy this. I didn't want the property.
[01:53:00.000 --> 01:53:03.000]  I was worried, all right, now what do I do?
[01:53:03.000 --> 01:53:08.000]  Whenever I won originally for a few months, I'm like, what do I do with this thing?
[01:53:08.000 --> 01:53:11.000]  I can't really afford to fix it up the way I need to.
[01:53:11.000 --> 01:53:14.000]  I don't want to dump it on the market for what I can get for it.
[01:53:14.000 --> 01:53:21.000]  Because if I do fix it up, if I get a loan and put 50 grand into it, it's worth 160, 170,000 bucks.
[01:53:21.000 --> 01:53:24.000]  As it is, I can sell it for probably 25 or 30.
[01:53:24.000 --> 01:53:28.000]  So, you know, it didn't make any sense.
[01:53:28.000 --> 01:53:34.000]  I never think I'll have to worry about that future.
[01:53:34.000 --> 01:53:43.000]  You may have some really good claims that this is an area I haven't seen people going after.
[01:53:43.000 --> 01:53:46.000]  Nobody goes after judges.
[01:53:46.000 --> 01:53:52.000]  So the judges pretty well feel like they can do anything they want to.
[01:53:52.000 --> 01:53:57.000]  Because lawyers definitely won't go after judges.
[01:53:57.000 --> 01:53:58.000]  Yeah.
[01:53:58.000 --> 01:54:02.000]  Because the judges retaliate and put them out of business.
[01:54:02.000 --> 01:54:06.000]  But they can't retaliate against procès.
[01:54:06.000 --> 01:54:15.000]  And I think one of the positive things about a procès going after a judge, win, lose, or draw, the judge loses.
[01:54:15.000 --> 01:54:22.000]  Yeah, you mention it because it hurts the insurance for the judge and, in this case, for the lawyers.
[01:54:22.000 --> 01:54:27.000]  If I can sue both of them, both organizations, or, you know, in this case, all three,
[01:54:27.000 --> 01:54:34.000]  because there were two different law firms involved in this whole thing, and I can do it here in Texas,
[01:54:34.000 --> 01:54:43.000]  and that might be advantageous to doing it in the other state, that sounds absolutely fabulous to me.
[01:54:43.000 --> 01:54:48.000]  That'll make them crazy because they have to hire lawyers here.
[01:54:48.000 --> 01:54:56.000]  And their problem with hiring lawyers here is the lawyers are dealing with the procès from hell,
[01:54:56.000 --> 01:54:59.000]  who have bar-grieved these lawyers out of business.
[01:54:59.000 --> 01:55:05.000]  And then they'll have to hire another law firm because the first law firm got bar-grieved out of business
[01:55:05.000 --> 01:55:09.000]  and said, what do you think this law firm's going to charge them?
[01:55:09.000 --> 01:55:18.000]  And then you go after them, and if they take one misstep, you refile your suit and name them in the suit.
[01:55:18.000 --> 01:55:22.000]  Okay, lawyers would never do this kind of stuff.
[01:55:22.000 --> 01:55:28.000]  But heck, we're just ignorant old procès. We don't know we can't sue that lawyer.
[01:55:28.000 --> 01:55:37.000]  If the lawyer does something inappropriate or improper and it harms me when he does it, I think I can sue him.
[01:55:37.000 --> 01:55:39.000]  So I sue him.
[01:55:39.000 --> 01:55:47.000]  And by the time the court gets around to saying, hey, you can sue this lawyer, he's already been crucified.
[01:55:47.000 --> 01:55:50.000]  Life is tough, Bubba.
[01:55:50.000 --> 01:55:53.000]  Or criminal. Can I ask you that, Randy?
[01:55:53.000 --> 01:55:58.000]  If I were to do it, I think when you mentioned this before, it was a couple of weeks I was on the show,
[01:55:58.000 --> 01:56:02.000]  you said that it's practical to sue the judge and the attorneys.
[01:56:02.000 --> 01:56:06.000]  Generally, it's likely the attorneys come and they make a deal.
[01:56:06.000 --> 01:56:09.000]  They don't want to deal with this if it's a solid suit.
[01:56:09.000 --> 01:56:12.000]  It's something they want to settle before anything big happens.
[01:56:12.000 --> 01:56:17.000]  But is this something where you ask for trouble damages as a civil penalty?
[01:56:17.000 --> 01:56:22.000]  Well, you don't have to ask for trouble damages.
[01:56:22.000 --> 01:56:28.000]  You can ask for as much as you feel is appropriate because you've been harmed.
[01:56:28.000 --> 01:56:38.000]  I'm preparing to sue a local municipality because I went to a traffic court hearing
[01:56:38.000 --> 01:56:45.000]  and the prosecutor had myself and the guy I work with removed from the courtroom
[01:56:45.000 --> 01:56:54.000]  because we could possibly potentially maybe in some alternative universe be called as a witness.
[01:56:54.000 --> 01:57:00.000]  Well, I'm going to ask for half a million dollars for being denied access to that court.
[01:57:00.000 --> 01:57:03.000]  And they're going to say, well, that's outrageous.
[01:57:03.000 --> 01:57:05.000]  Is it outrageous?
[01:57:05.000 --> 01:57:08.000]  See, what's your rights worth to you?
[01:57:08.000 --> 01:57:11.000]  What did you pay for your rights?
[01:57:11.000 --> 01:57:15.000]  You don't even want to ask me what I paid for mine.
[01:57:15.000 --> 01:57:18.000]  I paid big time.
[01:57:18.000 --> 01:57:24.000]  So for me, this is a small amount.
[01:57:24.000 --> 01:57:25.000]  So what can you ask for?
[01:57:25.000 --> 01:57:28.000]  You can ask for anything you want to.
[01:57:28.000 --> 01:57:33.000]  Is it safe to say here that generally in like a P.I. case,
[01:57:33.000 --> 01:57:37.000]  the amount that they're going to ask for is determined by previous judgments.
[01:57:37.000 --> 01:57:40.000]  In this case, we don't have previous judgments.
[01:57:40.000 --> 01:57:43.000]  So you get to set a precedent.
[01:57:43.000 --> 01:57:47.000]  So you can ask for anything you want.
[01:57:47.000 --> 01:57:50.000]  And they can claim, well, that's too much.
[01:57:50.000 --> 01:57:54.000]  And they can argue and haggle back and forth about how much you should get.
[01:57:54.000 --> 01:58:00.000]  But at the end of the day, the jury is only going to remember one number.
[01:58:00.000 --> 01:58:04.000]  And that's the one you walked in the door with.
[01:58:04.000 --> 01:58:09.000]  And everything will be gauged against that number.
[01:58:09.000 --> 01:58:12.000]  So it's worth a look to me then.
[01:58:12.000 --> 01:58:14.000]  Absolutely.
[01:58:14.000 --> 01:58:21.000]  There's your security, your sense of safety.
[01:58:21.000 --> 01:58:25.000]  And we are out of time.
[01:58:25.000 --> 01:58:29.000]  This is Randy Kelton, Rue La Radio.
[01:58:29.000 --> 01:58:32.000]  I'm not even going to give you a call on that number.
[01:58:32.000 --> 01:58:35.000]  Make sure you listen to Eddie Craig on Monday nights,
[01:58:35.000 --> 01:58:38.000]  and we'll be back next Thursday.
[01:58:38.000 --> 01:58:40.000]  And then begin next Friday.
[01:58:40.000 --> 01:58:41.000]  Keep us in mind.
[01:58:41.000 --> 01:58:42.000]  Make sure you listen.
[01:58:42.000 --> 01:58:44.000]  Thank you for being here.
[01:58:44.000 --> 01:58:46.000]  Good night.
[01:58:46.000 --> 01:58:48.000]  Thank you, Randy.
[01:58:48.000 --> 01:58:50.000]  And thank you, Mark.
[01:58:50.000 --> 01:58:55.000]  Bibles for America is offering absolutely free a unique study Bible
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