[00:13.480 --> 00:17.040] into the tides of the alternative. [00:17.040 --> 00:22.960] Markets for Wednesday, the 26th of June, 2019, open with precious metals, gold at $1,407.70 [00:22.960 --> 00:29.880] an ounce, silver, $15.25 an ounce, copper, $2.73 an ounce, platinum, $808 an ounce, oil, [00:29.880 --> 00:35.760] Texas crude, $57.83 a barrel, Brent crude, $65.05 a barrel, and the top five cryptos [00:35.760 --> 00:44.320] in order of market cap, Bitcoin at $12,707 a coin, Ethereum, $332.57 a coin, XRP, Ripple, [00:44.320 --> 00:54.960] $0.47 a coin, Bitcoin Cash, $490.04 a coin, and Litecoins at $135.40 a crypto coin. [00:54.960 --> 00:59.560] Today in history, the year 1870, the Roman Catholic holiday of Christmas is declared [00:59.560 --> 01:07.320] a federal holiday in the United States, today in history. [01:07.320 --> 01:12.520] In recent news, Rep. Michael Burguess, Republican from the 26th Texas Congressional District, [01:12.520 --> 01:16.920] centering in Denton County, defended the controversial conditions in which the facilities being used [01:16.920 --> 01:22.000] to house child immigrants are supposedly found in on MSNBC earlier this week. [01:22.000 --> 01:26.600] The lawmaker stated, quote, I've been to Casa Padre in Brownsville, Texas, and yes, it's [01:26.600 --> 01:31.360] a restored Walmart, and you know what, there's not a lock on the door. [01:31.360 --> 01:34.440] Any child is free to leave at any time, but they don't. [01:34.440 --> 01:35.440] You know why? [01:35.440 --> 01:39.800] Because they are well taken care of, and that they are, quote, free to leave at any time. [01:39.800 --> 01:44.060] Apparently, children must leave the facility with a parent or guardian who has passed a [01:44.060 --> 01:47.960] background check if they wish to stay in the United States, but the child is free to leave [01:47.960 --> 01:53.640] by themselves if they return to where they came from. [01:53.640 --> 01:57.760] General Motors Company is planning on investing $20 million at its Arlington Assembly Plant [01:57.760 --> 02:01.840] in order to fit it to build the next generation of GM's full-size SUVs. [02:01.840 --> 02:06.520] Gerald Johnson, GM Executive Vice President of Global Manufacturing, stated that, quote, [02:06.520 --> 02:10.120] we've been building trucks in Texas for more than 20 years, and our additional investment [02:10.120 --> 02:14.760] in Arlington Assembly is proof of our commitment and confidence in our Arlington team. [02:14.760 --> 02:19.720] The automaker built the Chevrolet Tahoe and Suburban, the GMC Yukon and Yukon XL, and [02:19.720 --> 02:27.200] the Cadillac Escalade at the 250-acre Arlington plant. [02:27.200 --> 02:31.000] Findings in a report released by the insurance company Allstate looked into collision claims [02:31.000 --> 02:36.480] across the U.S. Two Texas cities made the list of safest cities to drive in, with Laredo [02:36.480 --> 02:39.420] at number five and McAllen at number nine. [02:39.420 --> 02:42.360] So let's keep driving safe, Texas. [02:42.360 --> 02:43.360] The Lowdown is currently looking for sponsors. [02:43.360 --> 02:47.360] If you have a product or service that you'd like to advertise with us, feel free to shoot [02:47.360 --> 02:53.440] us an e-mail at rickrode at protonmail.com, and that's rickrode, R-O-H-D-E, at protonmail.com. [02:53.440 --> 03:03.680] This was the Lowdown for June 26, 2019. [03:03.680 --> 03:26.480] Okay, we are back, Wendy Kelton with our radio, and we're talking to Tina in California. [03:26.480 --> 03:34.280] And I think you need to clean up your house. [03:34.280 --> 03:44.000] You're objecting to the prosecution having a dirty house, and you got one, too. [03:44.000 --> 03:55.480] You're alleging that the lawyers on the other side committed forgery and fraud. [03:55.480 --> 04:01.120] That's irrelevant. [04:01.120 --> 04:04.960] How is that relevant to the issue now before the court? [04:04.960 --> 04:09.280] Okay, I get what you're saying. [04:09.280 --> 04:14.720] They're trying to throw rocks at you and make you look bad, and you're going to object to [04:14.720 --> 04:17.040] it because it's irrelevant to the case. [04:17.040 --> 04:22.600] Do not find yourself in that same position. [04:22.600 --> 04:28.400] This is why we always need a third party to look at our case. [04:28.400 --> 04:34.200] When I'm addressing my case, I need somebody else to do the same thing because I get caught [04:34.200 --> 04:40.800] up in the case, and I'm unable to step away and look at it through that objective lens. [04:40.800 --> 04:46.000] But I was thinking about this over the break, and now this is the same thing they're doing. [04:46.000 --> 04:49.800] It's a relevant issue. [04:49.800 --> 04:57.840] Do not allow them to get you into an argument about something that doesn't matter. [04:57.840 --> 05:04.280] This is a standard tactic that lawyers use against pro se's. [05:04.280 --> 05:11.440] They bring up something that they know will be an emotional issue for the pro se and get [05:11.440 --> 05:17.220] the pro se jumping up and down, railing in righteous indignation about something that [05:17.220 --> 05:21.680] at the end of the day doesn't matter. [05:21.680 --> 05:31.160] What will be in, let's say if this is before a jury, what would be in the jury charge? [05:31.160 --> 05:42.920] What would the judge say to the jury in terms of this is what you must find? [05:42.920 --> 05:49.160] If some argument or issue does not go to what the jury must find or what the court must [05:49.160 --> 05:54.080] find, don't bring it up. [05:54.080 --> 05:57.640] Do your best not to allow the other side to bring it up as well, and that's hard to do. [05:57.640 --> 05:58.640] It's a subtle thing. [05:58.640 --> 06:03.360] Yes, it's very, but I see your point. [06:03.360 --> 06:08.800] It's really easy to get caught up in these arguments, and lawyers love to do that to [06:08.800 --> 06:09.800] you. [06:09.800 --> 06:13.520] They argue all day about something that doesn't matter. [06:13.520 --> 06:15.240] And I could bring that up in the oral argument. [06:15.240 --> 06:19.640] Yes, your honor, I could bring up a lot of things, but none of it is relevant to the [06:19.640 --> 06:21.680] one question before the court. [06:21.680 --> 06:26.520] Yes, your honor, I could bring up the fact that his socks don't match. [06:26.520 --> 06:27.520] Yes. [06:27.520 --> 06:28.520] Okay. [06:28.520 --> 06:34.440] I've got one more thing that I want to bring. [06:34.440 --> 06:42.480] The other side submitted a declaration from the second attorney on this case who stated [06:42.480 --> 06:51.000] that they met and conferred, which is required by the courts here to follow that meet and [06:51.000 --> 06:52.000] confer rule. [06:52.000 --> 07:01.760] Well, the meet and confer composition happened when they called me on the late afternoon [07:01.760 --> 07:04.560] before the hearing the next day. [07:04.560 --> 07:05.560] Okay. [07:05.560 --> 07:07.040] What is that relevant to? [07:07.040 --> 07:10.520] Well, I'll get to that. [07:10.520 --> 07:16.320] They asked, because they have to submit to the court that they have followed the rules [07:16.320 --> 07:18.660] and met and conferred. [07:18.660 --> 07:23.880] And what they said to me in their conversation was, we're going to file a demure. [07:23.880 --> 07:24.880] We think it's all barberage. [07:24.880 --> 07:31.920] Are you going to admit to dismiss the case or amend your pleading? [07:31.920 --> 07:34.920] Well, what do you ask me to amend? [07:34.920 --> 07:37.320] Well, it's all barred by res judicata. [07:37.320 --> 07:40.840] And I said, well, there's only one question. [07:40.840 --> 07:45.200] Mr. McGinnity sent me a letter saying that they were going to send me the original note [07:45.200 --> 07:47.560] and arranges, and they haven't done that. [07:47.560 --> 07:49.600] And that's the question before the court. [07:49.600 --> 07:51.280] Why doesn't he just do that? [07:51.280 --> 07:55.920] I can't speak for him, but it's probably because he thinks you're going to relitigate, but [07:55.920 --> 07:57.160] I don't know. [07:57.160 --> 07:59.480] That was the gist of the conversation. [07:59.480 --> 08:04.680] And she said, I said, well, I'm going to wait and see what is said tomorrow morning before [08:04.680 --> 08:06.680] I make a decision. [08:06.680 --> 08:14.140] So she said in the, in the declaration that I refused to amend and that I told her to [08:14.140 --> 08:16.320] go ahead and file the demure. [08:16.320 --> 08:17.320] I did not do that. [08:17.320 --> 08:19.320] Now there's a local. [08:19.320 --> 08:23.320] Then you can object to the demure. [08:23.320 --> 08:29.520] The judge is probably going to allow it, but you can object, you need to object to it anyway, [08:29.520 --> 08:31.680] because they failed to follow the rules. [08:31.680 --> 08:39.160] And then the, the lawyer failed to speak with candor to the court. [08:39.160 --> 08:42.000] That's a nice way of saying the lawyer lied like a dog. [08:42.000 --> 08:43.000] Okay. [08:43.000 --> 08:44.000] I like that. [08:44.000 --> 08:45.000] Hang on. [08:45.000 --> 08:46.000] Let me write that. [08:46.000 --> 08:52.440] He's going to speak with candor to the court and candor is obviously spelled with O-U-R. [08:52.440 --> 08:57.200] That's how it's written in the Bar Association standards. [08:57.200 --> 08:58.600] Okay. [08:58.600 --> 09:05.200] A lawyer must always speak with candor to the court. [09:05.200 --> 09:06.200] I like that. [09:06.200 --> 09:12.280] I'm going to use that in some of the complaints against him, but here's where I found a rule [09:12.280 --> 09:15.160] that it might help Ted and others. [09:15.160 --> 09:21.320] And it was a court case, Goldberg versus Nation Star Mortgage, California. [09:21.320 --> 09:25.720] A servicer fails to follow local meet and confer rule. [09:25.720 --> 09:33.320] And it says, these conferences shall take place at least seven days prior to the filing [09:33.320 --> 09:36.640] of a motion, preferably in person. [09:36.640 --> 09:38.280] This was the night before. [09:38.280 --> 09:43.980] Here, the servicer claimed it attempted to meet and confer by speaking to plaintiff's [09:43.980 --> 09:45.520] counsel by telephone. [09:45.520 --> 09:53.520] However, the defendant's declaration failed to demonstrate that counsel discussed thoroughly [09:53.520 --> 09:58.880] the substance of the contemplated motion as required by the rule. [09:58.880 --> 10:04.560] Rather, counsel simply stated to plaintiff's counsel that plaintiff's entire complaint [10:04.560 --> 10:09.360] and all claims for relief therein fails to say the claim upon which relief can be granted. [10:09.360 --> 10:17.240] The court found the conference does not satisfy local rule 7.3 requirement that counsel thoroughly [10:17.240 --> 10:20.080] discuss the substance of the motion. [10:20.080 --> 10:26.240] Because strict compliance with the rule is required, the court denied services motion [10:26.240 --> 10:27.880] to dismiss. [10:27.880 --> 10:31.520] Can I apply that to court declaration? [10:31.520 --> 10:35.480] That sounds exactly on point. [10:35.480 --> 10:43.320] So you can object to the demurrer because it was not filed in accordance with the rules. [10:43.320 --> 10:49.040] And that the lawyer just called up and tried to bully you around instead of thoroughly [10:49.040 --> 10:51.980] discussing the issues. [10:51.980 --> 11:03.040] So yeah, that would make a great case, put them on the dime to get their demurrer tossed. [11:03.040 --> 11:12.240] Now what is this demurrer demurring to? [11:12.240 --> 11:17.560] It's just saying that every, you know, I filed multiple cases and this is, you know, just [11:17.560 --> 11:21.100] one of those things I'm just trying to hold on. [11:21.100 --> 11:26.880] What does the demurrer have to do with the default judgment for this? [11:26.880 --> 11:29.560] Are you going for default or summary? [11:29.560 --> 11:36.440] No, I'm going, I asked for the court to, this is what I asked for. [11:36.440 --> 11:41.280] And I may need to have been, we asked that the court rule that the respondent had a duty [11:41.280 --> 11:46.560] to return the original note as per California civil code section 2941. [11:46.560 --> 11:49.160] No, no, no, wait, wait, wait, wait. [11:49.160 --> 11:56.360] Right now, were you asking for summary judgment because they failed to respond? [11:56.360 --> 12:04.320] No, right now they responded with the demurrer, then I responded back saying that the documents [12:04.320 --> 12:12.600] they submitted were, you know, not certified and not legible and that it's nothing, it [12:12.600 --> 12:14.600] was not barred by Reg DeCada. [12:14.600 --> 12:15.600] Like that's what... [12:15.600 --> 12:16.600] Okay, wait, wait. [12:16.600 --> 12:19.960] There is another issue we spoke about. [12:19.960 --> 12:28.600] In their demurrer, did they speak to the single issue before the court? [12:28.600 --> 12:34.280] I don't believe they did. [12:34.280 --> 12:42.340] So did they address whether or not they had a duty to return the original note and did [12:42.340 --> 12:49.000] they show case law in support of their assertion that they are not required to do what the [12:49.000 --> 12:53.800] law appears to specifically require them to do? [12:53.800 --> 12:56.480] Now this is what they did. [12:56.480 --> 13:07.360] I don't see any case law except this is what I, and I'm not sure how to address this. [13:07.360 --> 13:17.680] The they claim that, you know, in the civil code I asked this and they say that the loan [13:17.680 --> 13:26.120] was subject to foreclosure and that as the designated beneficiary under the date of trust, [13:26.120 --> 13:29.040] Barrett Daffin could do this. [13:29.040 --> 13:38.400] But they say that Kohlberg is neither a beneficiary nor a trustee and that's why I cannot... [13:38.400 --> 13:43.040] Hold on, objection relevance. [13:43.040 --> 13:45.680] Okay. [13:45.680 --> 13:48.960] What does that have to do with anything? [13:48.960 --> 13:49.960] Okay. [13:49.960 --> 13:50.960] Objection relevance. [13:50.960 --> 14:01.200] It says it is indisputable that CIT was the beneficiary under the deed of trust and Barrett [14:01.200 --> 14:03.200] Daffin was the trustee. [14:03.200 --> 14:08.120] Due to the foreclosure sale, Kohlberg is not the trustee under the deed of trust. [14:08.120 --> 14:12.080] Well, nobody's saying I was, I was not sure. [14:12.080 --> 14:15.920] What is that, what is the only issue before the court? [14:15.920 --> 14:24.320] The statute says that the mortgagor can request the original note and elongation. [14:24.320 --> 14:30.920] What does the statute say about beneficiaries or any of those arguments that the lawyer [14:30.920 --> 14:32.920] is bringing? [14:32.920 --> 14:38.480] It says that the beneficiary has to give to the trustee the, you know, the documents and [14:38.480 --> 14:43.840] then, you know, the mortgagor can request these but that's what it says about that. [14:43.840 --> 14:44.840] Okay. [14:44.840 --> 14:51.000] You don't care about that and in saying that you don't have standing in that, they're correct. [14:51.000 --> 14:54.600] But you do have standing to ask for the note and that's statutory standing. [14:54.600 --> 14:55.600] The mortgagor. [14:55.600 --> 14:57.240] What is all that other stuff? [14:57.240 --> 15:04.320] You know, you object to all of that as irrelevant and, you know, if you've responded and objecting [15:04.320 --> 15:12.400] to that as irrelevant and claim that they have, they fail to argue the only issue before [15:12.400 --> 15:15.840] the court, so move for summary judgment. [15:15.840 --> 15:16.840] Okay. [15:16.840 --> 15:19.080] Move to summary judgment. [15:19.080 --> 15:21.880] Do not get into arguing those issues. [15:21.880 --> 15:27.520] Everything they say, you should, you know, the judge generally, a good judge will sit [15:27.520 --> 15:32.520] there and listen to your argument and say, so what? [15:32.520 --> 15:33.560] That's a great argument. [15:33.560 --> 15:35.880] So what? [15:35.880 --> 15:44.640] How does that argument change the position or ruling I should make? [15:44.640 --> 15:51.880] And these lawyers don't have a good argument so they put in a lot of arguments. [15:51.880 --> 15:53.600] But none of them are on point. [15:53.600 --> 15:59.000] That's what they try to get proceeds to do is argue stuff that's not on point and they're [15:59.000 --> 16:03.400] trying to suck you into arguing about issues that are irrelevant to the court. [16:03.400 --> 16:09.640] The, in the pictures case, the documents by the lawyers, same way, arguing issues that [16:09.640 --> 16:12.000] are not before the court. [16:12.000 --> 16:17.780] So they give a 20 page, 20 or 30 page document. [16:17.780 --> 16:20.400] We give a two page. [16:20.400 --> 16:21.400] Okay. [16:21.400 --> 16:24.920] All that stuff is irrelevant. [16:24.920 --> 16:26.760] We don't care about it. [16:26.760 --> 16:29.280] This is the only issue before the court. [16:29.280 --> 16:31.320] Let's not let ourselves get distracted. [16:31.320 --> 16:33.960] And that's what you need to do with this judge. [16:33.960 --> 16:37.000] Single simple issue. [16:37.000 --> 16:39.480] Object to all of that as an issue of relevance. [16:39.480 --> 16:43.440] Object to all of the judicial notice requests as irrelevant. [16:43.440 --> 16:44.440] Okay. [16:44.440 --> 16:47.240] Except for one. [16:47.240 --> 16:48.240] Okay. [16:48.240 --> 16:49.240] Hang on. [16:49.240 --> 16:50.240] Okay. [16:50.240 --> 16:56.020] We'll pick that up on the other side, Randy Kelton, Viva Law Radio, and just for the record, [16:56.020 --> 16:58.520] this is the second time I didn't run off the cliff. [16:58.520 --> 17:01.440] We'll be right back. [17:01.440 --> 17:04.200] Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar. [17:04.200 --> 17:06.640] In today's America, we live in an us against them society. [17:06.640 --> 17:09.880] And if we, the people are ever going to have a free society, then we're going to have to [17:09.880 --> 17:12.000] stand and defend our own rights. 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[17:39.960 --> 17:43.160] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, [17:43.160 --> 17:47.700] The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research [17:47.700 --> 17:50.020] documents and other useful resource material. [17:50.020 --> 17:53.320] Learn how to fight for your rights with the help of this material from RuleOfLawRadio.com. [17:53.320 --> 18:00.600] Order your copy today, and together we can have a free society we all want and deserve. [18:00.600 --> 18:05.760] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? [18:05.760 --> 18:09.400] Stop debt collectors now with the Michael Miras Proven Method. [18:09.400 --> 18:13.720] Michael Miras has won six cases in federal court against debt collectors, and now you [18:13.720 --> 18:14.720] can win, too. 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[19:00.480 --> 19:07.480] You are listening to the Logos Radio Network, LogosRadioNetwork.com. [19:07.480 --> 19:18.440] Well, don't let nothing get to you, only the father can deliver you, so don't let bad [19:18.440 --> 19:41.520] mind people hurt you and toss it and get behind you, you know what I mean, my friend and all [19:41.520 --> 20:01.680] right? [20:01.680 --> 20:03.680] He's the only one who could answer him [20:03.680 --> 20:06.680] Been a business like making man sitting [20:06.680 --> 20:08.680] Mankind you know is misleading [20:08.680 --> 20:10.680] They cannot trust him [20:10.680 --> 20:12.680] God be free [20:12.680 --> 20:14.680] Tell him your problem is dead [20:14.680 --> 20:16.680] God be free [20:16.680 --> 20:18.680] God be free [20:18.680 --> 20:20.680] Tell him your problem is dead [20:20.680 --> 20:22.680] God be free [20:22.680 --> 20:24.680] God be free [20:24.680 --> 20:26.680] Tell him your problem is dead [20:26.680 --> 20:28.680] God be free [20:28.680 --> 20:30.680] God be free [20:30.680 --> 20:32.680] Tell him your problem is dead [20:32.680 --> 20:34.680] God be free [20:34.680 --> 20:36.680] God be free [20:36.680 --> 20:38.680] You ever miss what you are calling? [20:38.680 --> 20:36.680] You call him Batted [20:36.680 --> 20:38.680] You call him a blesser [20:38.680 --> 20:40.680] or you call him K 20 [20:40.680 --> 20:42.680] Call him by his name, [20:42.680 --> 20:44.680] and you call him rolling with it [20:44.680 --> 20:46.680] Bravely to him, and he'll deliver [20:46.680 --> 20:48.680] Bear the bread of his work, [20:48.680 --> 20:50.680] And he works its time over [20:50.680 --> 20:52.680] Let the blinds see and the deaf hear [20:52.680 --> 20:59.560] We hear him a good [20:59.560 --> 21:02.560] Filling your problems, baby. [21:02.560 --> 21:29.560] Filling your problems, baby. [21:32.560 --> 21:37.560] Hello? [21:37.560 --> 21:41.560] Okay, I am back. Can you hear me, Tina? [21:41.560 --> 21:43.560] Yes, I can. Yes. [21:43.560 --> 21:47.560] Okay, I had an issue on the break with my Skype. [21:47.560 --> 21:51.560] It looked like I was up, but I wasn't. [21:51.560 --> 21:55.560] Okay, bailed out of that one. [21:55.560 --> 21:59.560] I was trying to bring Brett in, but I don't think I got that done. [21:59.560 --> 22:03.560] You got me. [22:03.560 --> 22:15.560] I'm sorry. Leslie, everybody, I have a call here on the bridge that Leslie's included in, and I couldn't find the call just for Brett. [22:15.560 --> 22:19.560] And every time I called Brett, I wind up calling Leslie. [22:19.560 --> 22:21.560] Sorry to bother you, Leslie. [22:21.560 --> 22:24.560] Okay. All right. [22:24.560 --> 22:41.560] Oh, listen, there was another case today that came out that there was an arbitration case that the district court refused to confirm, and it went up for an appeal, and they said there's no way you could not confirm it. [22:41.560 --> 22:46.560] Oh, good. Let's talk about this after we finish with the callers. [22:46.560 --> 22:47.560] Okay, catch you later. [22:47.560 --> 22:49.560] Hang on, hang on. [22:49.560 --> 22:54.560] If you want to, but if not, you can call back. [22:54.560 --> 22:56.560] I can call you back on the same number here. [22:56.560 --> 22:59.560] No, don't call on this one. [22:59.560 --> 23:02.560] This is the Skype note. It's different. [23:02.560 --> 23:04.560] You can call on the bridge now. [23:04.560 --> 23:05.560] Okay. [23:05.560 --> 23:06.560] Okay. [23:06.560 --> 23:10.560] I thought she didn't want me to use that number. [23:10.560 --> 23:20.560] We're live on the air. Let's talk about that. You can if I know you're calling, so go ahead and call in on that one. [23:20.560 --> 23:21.560] Okay. [23:21.560 --> 23:22.560] Okay. [23:22.560 --> 23:25.560] Okay, Tina, sorry about the confusion. [23:25.560 --> 23:27.560] That's okay. [23:27.560 --> 23:31.560] So we were talking about you said to object to relevance because the only issue, you know, that [23:31.560 --> 23:34.560] Wait a minute. I can barely hear you. [23:34.560 --> 23:35.560] Sorry? [23:35.560 --> 23:37.560] Can you hear me? [23:37.560 --> 23:40.560] Yeah, I'm having trouble hearing you for some reason. [23:40.560 --> 23:43.560] Oh, well, I can hear you. [23:43.560 --> 23:46.560] Okay, you're just soft. [23:46.560 --> 23:51.560] Oh, I thought the volume turned way up and [23:51.560 --> 23:55.560] Okay, it may be my system. [23:55.560 --> 24:08.560] My big Barringer mixer went down and I'm using a patch mixer that does not give me direct feedback. [24:08.560 --> 24:23.560] What's supposed to happen is I speak into the mic and it sends the mic to aux out, but it's also supposed to send the mic back to my headset so that I can hear what I'm saying in real time. [24:23.560 --> 24:32.560] And that way I can gauge the levels between your voice and my voice, but I can't do that now. [24:32.560 --> 24:40.560] I can turn up what I hear, but I don't know what everybody else is hearing. [24:40.560 --> 24:46.560] There's equipment we can't afford at the moment that would allow us to do that. [24:46.560 --> 24:51.560] So we have to kind of work with this. [24:51.560 --> 24:57.560] Hold on just a second, let me check something. [24:57.560 --> 25:00.560] Ken from New York, you there? [25:00.560 --> 25:02.560] Yes, sir. [25:02.560 --> 25:06.560] How does Tina sound to you? [25:06.560 --> 25:11.560] Loud. She just turned the volume up and I want to let you know something else. [25:11.560 --> 25:17.560] She was not extinguished during the commercial breaks. I could hear her talking. [25:17.560 --> 25:19.560] Oh my. [25:19.560 --> 25:25.560] That was my fault. I forgot to mute her. [25:25.560 --> 25:31.560] She didn't go out on the air. [25:31.560 --> 25:37.560] If I forget to mute on the break, everybody who's on the call board can hear. You can hear one another. [25:37.560 --> 25:45.560] I never say anything during the breaks because I'm aware of those things. [25:45.560 --> 25:51.560] Generally everybody's supposed to be muted and my bad. [25:51.560 --> 25:53.560] Your bad. [25:53.560 --> 25:59.560] Sometimes I'm old, I get confused. But it didn't go out on the air. [25:59.560 --> 26:05.560] And right now, so her volume, is her volume loud? [26:05.560 --> 26:07.560] Yes. [26:07.560 --> 26:17.560] Okay, give us, Tina give us a mic check. And Ken, let me know how loud she sounds. [26:17.560 --> 26:21.560] Okay. Do I sound really loud? [26:21.560 --> 26:25.560] No, it's getting better. Did you lower it a little bit? It sounds better. [26:25.560 --> 26:28.560] I didn't lower anything. I didn't touch anything. [26:28.560 --> 26:33.560] Okay, maybe you're not speaking as loud as you were just a few seconds ago when you... [26:33.560 --> 26:35.560] I could be. [26:35.560 --> 26:37.560] Okay, well she's sounding good to me. [26:37.560 --> 26:45.560] You do sound louder than Randy does. And you did before the last couple of breaks while I was hanging on. [26:45.560 --> 26:47.560] Oh, okay. [26:47.560 --> 26:52.560] It's okay. I would suggest that if you speak softly, the two of you will be... [26:52.560 --> 26:58.560] Okay, hold on Ken. Let me test mine. Testing one, two, three, testing, testing. [26:58.560 --> 27:07.560] I'm bringing up my mic volume. So am I closer to Tina's volume now? [27:07.560 --> 27:09.560] Let her speak again. [27:09.560 --> 27:12.560] Testing, go ahead Tina. [27:12.560 --> 27:14.560] Can you hear me now? [27:14.560 --> 27:22.560] Tina still sounds louder than you do, but it's not a problem to me. [27:22.560 --> 27:28.560] Okay, testing, testing, one, two, three, testing, testing. Is that closer? [27:28.560 --> 27:32.560] I don't hear you going up in volume. [27:32.560 --> 27:38.560] It's funny because I'm usually accused of speaking way too softly. [27:38.560 --> 27:44.560] I've been accused of that, but I have some equipment here that I'm turning up the mic volume. [27:44.560 --> 27:51.560] I can hear it coming up considerably in my headsets. [27:51.560 --> 27:55.560] Ken, does that sound any better? Testing one, two, three? [27:55.560 --> 27:57.560] Yeah. [27:57.560 --> 27:59.560] Okay, I'm going to leave it there. [27:59.560 --> 28:04.560] It sounds a bit louder than it just did before, but it's intelligible. It's not a problem. [28:04.560 --> 28:07.560] Okay. Okay. [28:07.560 --> 28:11.560] We're taking care of the mic issues. [28:11.560 --> 28:17.560] Okay, let's go back to Tina. We need to finish up with Tina because I've got a whole board full of call right here. [28:17.560 --> 28:22.560] Okay. Where were we, Tina? [28:22.560 --> 28:29.560] They said that I'm not a trustee or a beneficiary, and there's relevance. I'm the mortgagor. [28:29.560 --> 28:31.560] Okay. [28:31.560 --> 28:42.560] And that was part of the reason I spent a lot of time on this because it's kind of subtle, figuring out what to argue and what to ignore. [28:42.560 --> 28:55.560] I know when we did the appeal, the pictures were uncomfortable when we did the response to the other side's appellee brief. [28:55.560 --> 28:59.560] Our response was real short, and they were concerned. [28:59.560 --> 29:10.560] Actually, I don't think we responded to their appellee brief at all because their appellee brief did not address anything before the court in the brief. [29:10.560 --> 29:17.560] We could have filed something that said, oh, this response is irrelevant. They didn't address anything. It was before the court. [29:17.560 --> 29:33.560] But it was so irrelevant that it would – I felt like the appeals court would say, well, duh, you're telling me what we obviously already know, and it would just insult their intelligence. [29:33.560 --> 29:42.560] So we just didn't address that at all, just let it be, and trusted the court to see that it was irrelevant and ignore it. [29:42.560 --> 30:11.560] Okay. Going to break. We need to finish up on the other side, Tina. I've got a whole stack full of callers. We'll be right back. [30:11.560 --> 30:21.560] Your search engine is watching you, recording all your searches and creating a massive database of your personal information. That's creepy, but it doesn't have to be that way. [30:21.560 --> 30:24.560] Startpage.com is the world's most private search engine. [30:24.560 --> 30:31.560] Startpage doesn't store your IP address, make a record of your searches, or use tracking cookies, and they're third-party certified. [30:31.560 --> 30:41.560] If you don't like big brothers spying on you, start over with Startpage. Great search results and total privacy. Startpage.com, the world's most private search engine. [30:41.560 --> 30:49.560] Think twice before blaming yourself or someone else for being overweight. A new study suggests a common childhood virus could be the culprit. [30:49.560 --> 31:01.560] Researchers found that children exposed to adenovirus-36, an infection that causes short-term gastrointestinal and respiratory symptoms, weighed an average of 52 pounds more than children who were never infected. [31:01.560 --> 31:08.560] Researchers believe this fat virus increases the body's fat cells and makes it harder for the body to break down mature fat cells later. [31:08.560 --> 31:19.560] The result is that people affected by the virus store more fat overall. So go easy on the next overweight person you see. Diet and exercise may not work as well for them as they do for you. [31:19.560 --> 31:39.560] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [31:49.560 --> 32:09.560] Hey, it's Danny here for Hill Country Home Improvements. Did your home receive hail or wind damage from the recent storms? Come on, we all know the government caused it with their chemtrails. 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[32:58.560 --> 33:02.560] You may not actually be kidding about chemtrails. [33:02.560 --> 33:07.560] Live Free Speech Radio, LogosRadioNetwork.com. [33:07.560 --> 33:15.560] Live Free Speech Radio, LogosRadioNetwork.com. [33:37.560 --> 33:52.560] For me, in putting together pleadings, it's one of the hardest things for me to do is maintain a personal discipline and only argue relevant issues. [33:52.560 --> 34:09.560] In my legal 101, one of the things I talk about in how to write pleadings is the first thing you always do is get a copy of the pattern jury charge, even if you're not going to have a jury. [34:09.560 --> 34:28.560] This is what the judge would say to the jury. This is what you must find. If you argue anything that's not in there, you're wasting everybody's time, and you're not moving toward a positive outcome. [34:28.560 --> 34:44.560] The pattern jury charge is very helpful because as you build your arguments, you always keep asking yourself which one of these issues in the pattern jury charge does this go to. If it doesn't go to one of them, they get out. [34:44.560 --> 35:00.560] Okay. Is that clear as mud? [35:00.560 --> 35:14.560] Do I put in a proposed order that the defendant's demure to the first cause of action is sustained without leave to amend to the extent plaintiff is granted leave to amend plaintiff is granted so many days to leave? [35:14.560 --> 35:19.560] Do I put a proposed order in when I object? [35:19.560 --> 35:24.560] Okay, wait a minute. Can you move the mic a little away from your mouth? You're distorting. [35:24.560 --> 35:27.560] Okay. Is this better? [35:27.560 --> 35:29.560] Keep talking. I think so. [35:29.560 --> 35:32.560] Okay. Is this one better? [35:32.560 --> 35:35.560] Not really. It may just be the connection. Okay, go ahead. [35:35.560 --> 35:48.560] It's okay. Do I put in a proposed order when I object to their second request for judicial notice? [35:48.560 --> 35:57.560] Wait a minute. The second request for judicial notice. Okay, got it. Got it. Yeah, just object objection relevance. [35:57.560 --> 36:02.560] Yeah, but do I put in a proposed order like they did? [36:02.560 --> 36:05.560] Always put in a proposed order. [36:05.560 --> 36:07.560] What would my proposed order say? [36:07.560 --> 36:20.560] No, we say that the your objection. No, no, no, this is just an objection. You're not asking for an order. You're just asking for a ruling. [36:20.560 --> 36:22.560] Okay. [36:22.560 --> 36:31.560] If she wants a written order, she will ask you for one. [36:31.560 --> 36:37.560] So I wouldn't worry about that here, especially since you're pro se. [36:37.560 --> 36:46.560] They have an order and all she has to do is take that order and put denied. [36:46.560 --> 36:49.560] Okay. [36:49.560 --> 36:51.560] Okay. Do you have anything else? [36:51.560 --> 36:57.560] No, that's it. I'll let you go to others and I'll go on the other line and listen in so I can learn more. [36:57.560 --> 37:06.560] Okay. Thank you, Tina. Okay, now we're going to Gerald. I don't have a state. [37:06.560 --> 37:09.560] Should I call you Gerald or Felice? [37:09.560 --> 37:15.560] Gerald is fine, Randy. Thanks for taking my call. I'm in Pennsylvania. [37:15.560 --> 37:19.560] Okay. Okay. We won't hold that against you. [37:19.560 --> 37:24.560] Thanks. I've been trying not to hold it against myself. [37:24.560 --> 37:30.560] The last time I was in Pennsylvania, I stayed in Intercourse, Pennsylvania. [37:30.560 --> 37:34.560] And it's just down the road from Blue Ball. [37:34.560 --> 37:39.560] Right, right near Birmingham. I know it well. [37:39.560 --> 37:45.560] Well, actually, we're originally from Jersey, so I guess we're immigrants. [37:45.560 --> 37:53.560] In any event, we've run across recently some issues with the private criminal complaint filings. [37:53.560 --> 37:57.560] And that's what the purpose of the call tonight is. [37:57.560 --> 38:04.560] I wanted to see if we can get some insight based on what we're faced with. [38:04.560 --> 38:11.560] An incident occurred at my residence in March. [38:11.560 --> 38:24.560] And it escalated to the point that we ended up getting the state troopers in the individual who caused the ruckus. [38:24.560 --> 38:35.560] The state troopers caught up with her about an hour or so after they had an initial interview with myself and my son. [38:35.560 --> 38:41.560] And needless to say, she turned the whole story around back to us. [38:41.560 --> 38:48.560] Once we gave them a summary of what transpired that night, [38:48.560 --> 38:59.560] they said that they were going to, you know, give it their day and prosecute. [38:59.560 --> 39:13.560] And come to find out, between them and the DA, they watered down the entire incident from about five felonies. [39:13.560 --> 39:20.560] She committed to a couple of misdemeanors, which we objected to. [39:20.560 --> 39:37.560] And we, in turn, then — well, about 30 days after that exercise, she violated — trespassed our site again. [39:37.560 --> 39:46.560] And so we decided to create two private criminal complaints, one for the first incident, [39:46.560 --> 39:52.560] which spelled out the five felonies, in essence, burglary with intent to commit bodily injury, [39:52.560 --> 39:58.560] defiant trespass and violation of 18 CSAs. [39:58.560 --> 40:05.560] OK, hold on, hold on. Let me back up and test some terms that you've used. [40:05.560 --> 40:07.560] Sure. [40:07.560 --> 40:10.560] Private criminal complaint. [40:10.560 --> 40:11.560] Yes. [40:11.560 --> 40:25.560] Does that mean that you're speaking to a complaint that you wrote yourself instead of relying on the reports and the complaints written by the police? [40:25.560 --> 40:34.560] Or are you referring to one of these patriot issues, like a private grand jury? [40:34.560 --> 40:42.560] No. In Pennsylvania, you have the right as a private citizen, juxtaposed to other states, [40:42.560 --> 40:47.560] where you have to go for a grand jury to file a private criminal complaint. [40:47.560 --> 40:49.560] Every citizen has that right. [40:49.560 --> 41:10.560] And the way the criminal code reads, 506, it reads that you may give it to a magistrate, but they have it set up that you give it to the DA. [41:10.560 --> 41:16.560] Yes, yes. The prosecuting attorney has first blush in Pennsylvania. [41:16.560 --> 41:22.560] And on the surface, that looks like a problem because you don't have direct access to a grand jury. [41:22.560 --> 41:32.560] A district judge can call a grand jury, but only the district attorney and the judge can present to a grand jury. [41:32.560 --> 41:38.560] And on the surface, it sounds like it's a prescription for disaster. [41:38.560 --> 41:46.560] However, there is a caveat. In Pennsylvania, unlike most other states, [41:46.560 --> 41:54.560] when you bring a criminal accusation to the court, you have standing similar to England and Australia. [41:54.560 --> 42:02.560] This was something I was surprised at in Australia. In Australia, you can file a criminal appearance notice. [42:02.560 --> 42:15.560] You literally summon the accused yourself. You do that in the capacity of a common law public official. [42:15.560 --> 42:24.560] So in England and Australia, a private citizen has standing to bring a criminal issue as a common law public official. [42:24.560 --> 42:28.560] Well, they're close to that in Pennsylvania. [42:28.560 --> 42:40.560] Since you don't have a grand jury, you can go directly to and the prosecuting attorney has first blush in order to counter bad behavior by the prosecutor. [42:40.560 --> 42:47.560] You have standing. So if you when you file a complaint, it will be forwarded to the prosecutor. [42:47.560 --> 42:58.560] But if the prosecutor doesn't act or action of where you deem is not appropriate, then you can come back and file with the proton or not. [42:58.560 --> 43:06.560] With the court of common pleas and ask the court of common pleas to overrule the prosecutor. [43:06.560 --> 43:11.560] And if they don't, you can appeal that all the way up to the supreme. [43:11.560 --> 43:18.560] That's my story and I'm sticking to it. Does that sound correct to your understanding? [43:18.560 --> 43:25.560] Yes, it does. And here is a few bumps. [43:25.560 --> 43:39.560] When I brought the two private complaints up to the D.A. and I handed it to his clerk and the the rule says that he has to do one or two things. [43:39.560 --> 43:48.560] He has to either approve it or disapprove it. If he disapproves it, he has to take off all the reasons why he disapproves it. [43:48.560 --> 43:53.560] And they have to do that in a reasonable period of time. [43:53.560 --> 43:59.560] Weeks went by. I heard nothing. I called up and I was given to an investigator. [43:59.560 --> 44:08.560] At Capital Coin and Bullion, our mission is to be your preferred shopping destination by delivering excellent customer service and outstanding value at an affordable price. [44:08.560 --> 44:14.560] We provide a wide assortment of favorite products featuring a great selection of high quality coins and precious metals. [44:14.560 --> 44:18.560] We cater to beginners in coin collecting as well as large transactions for investors. [44:18.560 --> 44:23.560] We believe in educating our customers with resources from top accredited metals dealers and journalists. [44:23.560 --> 44:26.560] If we don't have what you're looking for, we can find it. [44:26.560 --> 44:31.560] In addition, we carry popular Younggevity products such as Beyond Tangy Tangerine and Pollenburst. [44:31.560 --> 44:38.560] We also offer One World Way, Mountain House Storable Foods, Berkey Water products, ammunition at 10% above wholesale, and more. [44:38.560 --> 44:42.560] We broker metals IRA accounts and we also accept bitcoins as payment. [44:42.560 --> 44:45.560] Call us at 512-646-6440. [44:45.560 --> 44:50.560] We're located at 7304 Burnett Road, Suite A, about a half mile south of Anderson. [44:50.560 --> 44:53.560] We're open Monday through Friday 10 to 6, Saturdays 10 to 2. [44:53.560 --> 44:59.560] Visit us at CapitalCoinandBullion.com or call 512-646-6440. [44:59.560 --> 45:03.560] Are you the plaintiff or defendant in a lawsuit? 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[45:51.560 --> 46:00.560] Please visit RuleOfLawRadio.com and click on the banner or call toll free 866-LAW-EASY. [46:22.560 --> 46:25.560] Well, that is interesting. [46:25.560 --> 46:30.560] I don't hear the bumper music. [46:30.560 --> 46:33.560] Okay, let's see, Gerald? [46:33.560 --> 46:35.560] Gerald, yep, you got it. [46:35.560 --> 46:37.560] Okay, good, good. [46:37.560 --> 46:43.560] My clock wasn't refreshing and I didn't hear the bumper music when I was coming in. I was concerned I had an issue. [46:43.560 --> 46:46.560] Okay, we're good. [46:46.560 --> 46:52.560] Okay, so you filed it with the prosecutor and what did the prosecutor do? [46:52.560 --> 47:01.560] Well, they gave it to an investigator, a detective, and I called him up. [47:01.560 --> 47:08.560] He finally got back to me and basically said he wasn't going to do anything with it. [47:08.560 --> 47:24.560] I started to read to him by the code what the DA is supposed to do as far as if they're going to reject it, reject it, but tell me why. [47:24.560 --> 47:31.560] They got an idiot argument, excuse me, at which time he hung up on me. [47:31.560 --> 47:48.560] Now, they pushed through a preliminary hearing this last week on the misdemeanor charges that they came up with between the state and the DA. [47:48.560 --> 47:58.560] And we went there to that hearing with the two private criminal complaints, one separate from the incident that the hearing was all about. [47:58.560 --> 48:11.560] We went to the magistrate's office, we're sitting outside, and the trooper comes out and tells us that she waived her right for the preliminary, [48:11.560 --> 48:21.560] and I guess in essence pleaded guilty in going into trial, which makes sense if I was sitting in her shoes, [48:21.560 --> 48:29.560] because with misdemeanor charges, that basically is going to be a slap on the wrist. [48:29.560 --> 48:41.560] So that's where we're sitting today, and we have two criminal complaints that were hand-delivered to the DA, [48:41.560 --> 48:46.560] and they refused to do anything with them in violation of the code. [48:46.560 --> 48:57.560] Okay, the next step is to appeal the determination of the prosecuting attorney to the court of common pleas. [48:57.560 --> 49:01.560] However, there may be a problem here. [49:01.560 --> 49:15.560] Since the case has been adjudicated, your issue becomes moot, because once they've adjudicated the case against her, they can't revisit it. [49:15.560 --> 49:18.560] That would be double jeopardy. [49:18.560 --> 49:25.560] So now your action is against the prosecutor. [49:25.560 --> 49:29.560] Okay, just to help me clarify that point. [49:29.560 --> 49:34.560] Okay, wait a minute. You said there were two incidents. [49:34.560 --> 49:45.560] Yes, the one incident was an invasion of our residence, and she attacked an individual in the house. [49:45.560 --> 49:47.560] That was the incident in March. [49:47.560 --> 49:57.560] And then subsequent to that, there was another incident where she stole some paperwork from my office. [49:57.560 --> 50:03.560] So there's two incidents. The one hasn't been, I guess, adjudicated. [50:03.560 --> 50:11.560] Okay, then that one won't be, was the second one addressed by the prosecutor? [50:11.560 --> 50:14.560] No, neither one was. [50:14.560 --> 50:17.560] Was the second one presented to the prosecutor? [50:17.560 --> 50:19.560] Yes, it was. [50:19.560 --> 50:21.560] Okay, he didn't pursue it. [50:21.560 --> 50:28.560] Okay, then if the prosecutor failed to act, there's a couple of things I would do. [50:28.560 --> 50:44.560] I would assume construe that the failure to move ahead is a rejection, a refusal to prosecute by the prosecutor, and file an appeal with the court of common police. [50:44.560 --> 50:52.560] And then file a criminal complaint against the prosecutor for official misconduct with the attorney general. [50:52.560 --> 50:58.560] The attorney general in Pennsylvania has prosecutorial powers. [50:58.560 --> 51:04.560] So when the prosecutor acts improperly, you file with the attorney general. [51:04.560 --> 51:12.560] And when the attorney general fails to act, he has the same prosecutorial discretion as a prosecutor does. [51:12.560 --> 51:24.560] Then you appeal the attorney general's refusal to the court of common police and appeal that all the way up to the Supreme. [51:24.560 --> 51:26.560] Gotcha. [51:26.560 --> 51:42.560] You will create so much ugly politics that they're likely to let this woman know, you better not come back here, cause us any more of this grief. [51:42.560 --> 52:02.560] Yeah, no, no, I hear you. Just an academic question I had. The adjudication of charges, the misdemeanor charges, that negates my private criminal complaint for felony charges? [52:02.560 --> 52:04.560] Yes. [52:04.560 --> 52:06.560] It does? Okay. [52:06.560 --> 52:14.560] Because your felony charges arises out of the same fact set. [52:14.560 --> 52:16.560] Yep. [52:16.560 --> 52:24.560] So she has been prosecuted on this fact set. She cannot be prosecuted again. Double jeopardy. [52:24.560 --> 52:41.560] I hear you loud and clear. So at the end of the day, they just put my criminal complaint in a drawer and pushed through the preliminary hearing. [52:41.560 --> 52:43.560] Yeah. [52:43.560 --> 52:50.560] And it ended up convincing her actually it wouldn't take much. [52:50.560 --> 53:07.560] But then again, now that she has a conviction against her for acts against you, any further acts against you escalates her risk dramatically. She won't get a second one. [53:07.560 --> 53:11.560] Gotcha. Okay. [53:11.560 --> 53:25.560] So it may be that the prosecutor is looking at two parties here who are at odds, and he's trying to find a middle ground to solve this issue. [53:25.560 --> 53:44.560] And by forcing her into a conviction, I'm sure he's told her, you do not want to come back to us with this issue again, especially when Gerald gets through jerking them around. [53:44.560 --> 53:48.560] They will let her know you do not ever want to come back here. [53:48.560 --> 54:01.560] And I would think that would be enough. There's never a defensible position to want to punish someone else. [54:01.560 --> 54:10.560] A defensible position is to want to prevent bad things from happening in the future. [54:10.560 --> 54:18.560] Most all of us have done things at one time or another that we look back on it and wonder, what were we thinking? [54:18.560 --> 54:28.560] And what all the bad stuff that could have happened to us for acting foolishly, and we attempt to adjust our behavior. [54:28.560 --> 54:37.560] Here's someone who apparently didn't have that internal self-control, so the prosecutor's applying a little external. [54:37.560 --> 54:46.560] And it's probably not that the prosecutor's a bad guy. He's trying to find a middle ground. He probably deals with this stuff all the time. [54:46.560 --> 54:53.560] And he knows that neither party tells him everything. [54:53.560 --> 55:01.560] You tell them your side, she tells them her side, and he's got to find a middle ground. [55:01.560 --> 55:09.560] And mostly he's going to try to find a way to make peace and keep these things from happening again. [55:09.560 --> 55:19.560] And it sounds like what he did. But with that said, that don't mean you owe him any slack. [55:19.560 --> 55:39.560] No, I don't. We don't intend to. Basically, there was a third incident that she created where, unfortunately, my son got assaulted by her, prompting an individual to do so. [55:39.560 --> 55:43.560] He's up on charges right now. They had him on videotape. [55:43.560 --> 55:48.560] One other thing you could do, you'd sue the both of them. [55:48.560 --> 56:06.560] We're taking one by one here. What is the criminal complaint against the DA? Is that for... [56:06.560 --> 56:09.560] Misfeasance in office. [56:09.560 --> 56:11.560] Misfeasance? [56:11.560 --> 56:17.560] Misfeasance. Failure to perform a duty he is required to perform. [56:17.560 --> 56:23.560] If he exerts or purports to exerted authority he doesn't have, that would be malfeasance. [56:23.560 --> 56:26.560] But this is misfeasance in that he failed to perform a duty. [56:26.560 --> 56:36.560] You gave him a criminal complaint and he failed to follow the law as it applies to that criminal complaint. [56:36.560 --> 56:37.560] Gotcha. [56:37.560 --> 56:50.560] That'll sting him good. You bar grieve him as well so that when he gets out of the prosecutor's office, he's got this mark on his chart. [56:50.560 --> 57:02.560] And then filed with the attorney general. Now the attorney general is going to be asking him, why did you not pursue these felony accusations? [57:02.560 --> 57:13.560] And he will have an answer that the attorney general is going to contact him and they're going to yak back and forth and hash this out between them. [57:13.560 --> 57:21.560] Almost certainly amicably, but when he hangs up on the attorney general, he is not going to be happy. [57:21.560 --> 57:28.560] He is not going to like having to explain himself to the state attorney general. [57:28.560 --> 57:30.560] Gotcha. [57:30.560 --> 57:33.560] It's all politics. [57:33.560 --> 57:39.560] And if they don't satisfy you, you start walking up the courts. [57:39.560 --> 57:45.560] And that's really good. You're going to black their eye everywhere. [57:45.560 --> 57:49.560] Well, this is the position that we're taking. [57:49.560 --> 57:55.560] Unfortunately, we came out of Pennsylvania to look for peace and we got the opposite. [57:55.560 --> 58:01.560] So listen, we appreciate you folks very much. [58:01.560 --> 58:06.560] And your insights are right on the money. [58:06.560 --> 58:09.560] Eddie helped me out a couple of weeks ago on another issue. [58:09.560 --> 58:13.560] Wait, wait, wait. Eddie who? [58:13.560 --> 58:16.560] You're Eddie. [58:16.560 --> 58:22.560] Oh, okay. You mean Eddie the chump, Craig? [58:22.560 --> 58:33.560] Yeah. No, no. And like yourself, you zero right into the point and gave me good direct marching orders. [58:33.560 --> 58:38.560] And the insight is very much appreciated. We've been listening to you guys for about four years now. [58:38.560 --> 58:43.560] And all I can say is on behalf of myself, my son, thanks very much. [58:43.560 --> 58:46.560] You are welcome. [58:46.560 --> 58:49.560] Okay. Keep us up. Keep us up. Surprise. [58:49.560 --> 58:53.560] Would you like to make more definite progress in your walk with God? [58:53.560 --> 59:00.560] Bibles for America is offering a free study Bible and a set of free Christian books that can really help. [59:00.560 --> 59:05.560] The New Testament recovery version is one of the most comprehensive study Bibles available today. [59:05.560 --> 59:12.560] 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. [59:12.560 --> 59:17.560] The free books are a three volume set called Basic Elements of the Christian Life. [59:17.560 --> 59:27.560] 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. [59:27.560 --> 59:44.560] To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102. [59:44.560 --> 59:49.560] Or visit us online at BFA.org. [01:00:15.560 --> 01:00:22.560] Markets for Wednesday, the 26th of June, 2019. Open with precious metals. Gold at $1,407.70 an ounce. [01:00:22.560 --> 01:00:28.560] Silver, $15.25 an ounce. Copper, $2.73 an ounce. Platinum, $808 an ounce. [01:00:28.560 --> 01:00:33.560] Oil, Texas crude, $57.83 a barrel. Brent crude, $65.05 a barrel. [01:00:33.560 --> 01:00:44.560] In the top five cryptos in order of market cap, Bitcoin at $12,707 a coin. Ethereum, $332.57 a coin. XRP, Ripple, $0.47 a coin. [01:00:44.560 --> 01:00:51.560] Bitcoin Cash, $490.04 a coin, and Litecoins at $135.40 a crypto coin. [01:00:54.560 --> 01:01:01.560] Today in history, the year 1870, the Roman Catholic holiday of Christmas is declared a federal holiday in the United States. [01:01:01.560 --> 01:01:03.560] Today in history. [01:01:06.560 --> 01:01:13.560] In recent news, Representative Michael Burguess, Republican from the 26th Texas Congressional District centering in Denton County, [01:01:13.560 --> 01:01:21.560] defended the controversial conditions in which the facilities being used to house child immigrants are supposedly founded on MSNBC earlier this week. [01:01:21.560 --> 01:01:28.560] The lawmaker stated, quote, I've been to Casa Padre in Brownsville, Texas, and yes, it's a restored Walmart. [01:01:28.560 --> 01:01:34.560] And you know what? There's not a lock on the door. Any child is free to leave at any time, but they don't. [01:01:34.560 --> 01:01:39.560] You know why? Because they are well taken care of, and that they are, quote, free to leave at any time. [01:01:39.560 --> 01:01:46.560] Apparently, children must leave the facility with a parent or guardian who has passed a background check if they wish to stay in the United States, [01:01:46.560 --> 01:01:50.560] but the child is free to leave by themselves if they return to where they came from. [01:01:50.560 --> 01:02:01.560] General Motors Company is planning on investing 20 million dollars at its Arlington assembly plant in order to fit it to build the next generation of GM's full size SUVs. [01:02:01.560 --> 01:02:06.560] Gerald Johnson, GM executive vice president of global manufacturing, stated that, quote, [01:02:06.560 --> 01:02:14.560] we've been building trucks in Texas for more than 20 years, and our additional investment in Arlington Assembly is proof of our commitment and confidence in our Arlington team. [01:02:14.560 --> 01:02:22.560] The automaker built the Chevrolet, Tahoe, and Suburban, the GMC Yukon and Yukon XL, and the Cadillac Escalade at the 250-acre Arlington plant. [01:02:26.560 --> 01:02:31.560] Findings in a report released by the insurance company Allstate looked into collision claims across the U.S. [01:02:31.560 --> 01:02:38.560] Two Texas cities made the list of safest cities to drive in, with Laredo at number five and McAllen at number nine. [01:02:38.560 --> 01:02:40.560] So let's keep driving safe, Texas. [01:02:40.560 --> 01:02:49.560] The Lowdown is currently looking for sponsors. If you have a product or a service you'd like to advertise with us, feel free to shoot me an email at rickrode at protonmail.com. [01:02:49.560 --> 01:02:53.560] That's rickrode, R-O-H-D-E, at protonmail.com. [01:02:53.560 --> 01:03:13.560] This was Lowdown for June 26, 2019. [01:03:13.560 --> 01:03:21.560] Okay, we are back. Randy Kelton, Rule of Law Radio, and we're going to John in New York. Hello, John. [01:03:21.560 --> 01:03:24.560] Hello. Can you hear me okay? [01:03:24.560 --> 01:03:26.560] I can hear you okay. [01:03:26.560 --> 01:03:31.560] Okay, great. And we're not on mute. Okay, here's what we got. [01:03:36.560 --> 01:03:39.560] You're probably as tired of this as I am. [01:03:39.560 --> 01:03:43.560] I was going to say, don't go to that seatbelt again. [01:03:43.560 --> 01:03:48.560] Oh. Don't go to the seatbelt again? [01:03:48.560 --> 01:03:51.560] Wait until you hear what they just did. [01:03:51.560 --> 01:03:54.560] Wait until you hear what they just did. [01:03:54.560 --> 01:03:57.560] Okay, go ahead. [01:03:57.560 --> 01:03:59.560] We got a problem. We got a problem. [01:03:59.560 --> 01:04:05.560] The defendant went to county court to appeal the case. [01:04:05.560 --> 01:04:15.560] The judge passed his deliberation on the case in April and they never, the court never notified the defendant. [01:04:15.560 --> 01:04:20.560] How did he know about it? He just happened to be going in for something else, [01:04:20.560 --> 01:04:27.560] and there was a list of things on their calendar that they gave him. [01:04:27.560 --> 01:04:37.560] They never said a word, but one of those things on the calendar was his case that the appeals judge deliberated on, [01:04:37.560 --> 01:04:41.560] and it's all over and done with, and they did it in April. [01:04:41.560 --> 01:04:48.560] Now, what month is it? It's July, and he just found out about this about four days ago. [01:04:48.560 --> 01:04:51.560] It's still July. [01:04:51.560 --> 01:05:02.560] Yeah, it's July 12th today, and the judge deliberated on the appeals case for the seatbelt ticket back in April, never notified the defendant. [01:05:02.560 --> 01:05:07.560] Oh, okay. So this ruling was made in April. [01:05:07.560 --> 01:05:20.560] Okay, this was a county judge, and by not notifying the defendant, they denied the defendant the right to appeal. [01:05:20.560 --> 01:05:22.560] Okay, what do you do? [01:05:22.560 --> 01:05:41.560] You file a motion with the court of appeals for an extension of time to file notice of appeal because the court rendered a ruling without giving notice. [01:05:41.560 --> 01:05:58.560] What they're going to say is, and what they generally say, is that the court does not have a duty to give you notice. You have to check the record, if it's like most states. [01:05:58.560 --> 01:06:00.560] Are you serious? [01:06:00.560 --> 01:06:07.560] Yes. It's one of the dirty deals they do. [01:06:07.560 --> 01:06:16.560] They're going to say they gave public notice of it. How long did they have it before they rendered the ruling? [01:06:16.560 --> 01:06:26.560] I don't know if it was from February. I don't really remember now. [01:06:26.560 --> 01:06:29.560] March, April. Okay, that's not that long. [01:06:29.560 --> 01:06:52.560] You could raise this. This would make a great constitutional argument that asking a litigant to have to check the record every single day over months and months is an undue burden on the litigant. [01:06:52.560 --> 01:07:12.560] That the court, in order to have fairness, should give notice to the parties when the court takes an action. [01:07:12.560 --> 01:07:23.560] If they want to say that you had to check, then you raise a constitutional argument that it denies you due process. [01:07:23.560 --> 01:07:26.560] And you file that with? [01:07:26.560 --> 01:07:29.560] Court of appeals. [01:07:29.560 --> 01:07:33.560] Okay, that would probably be a district court, would it not? [01:07:33.560 --> 01:07:35.560] No, it would be a court of appeals. [01:07:35.560 --> 01:07:36.560] Alright. [01:07:36.560 --> 01:07:44.560] The appellate court. From a municipal court, you go to the first court of record. [01:07:44.560 --> 01:07:54.560] And that's generally required to be trial de novo. Did you have a new trial in the county court? [01:07:54.560 --> 01:08:00.560] As far as I know, the only things that he raised were in the county. [01:08:00.560 --> 01:08:03.560] No, you didn't answer my question. [01:08:03.560 --> 01:08:05.560] Well, that's what I'm trying to answer. [01:08:05.560 --> 01:08:07.560] No, no, no. [01:08:07.560 --> 01:08:15.560] Did he have a trial in the county court? That's a yes, no. [01:08:15.560 --> 01:08:17.560] Yes. [01:08:17.560 --> 01:08:19.560] Okay. [01:08:19.560 --> 01:08:27.560] Now, then the court, how long did the court take to render its ruling? [01:08:27.560 --> 01:08:30.560] You got me. [01:08:30.560 --> 01:08:35.560] Okay. These are important numbers. [01:08:35.560 --> 01:08:38.560] So you appealed in February. [01:08:38.560 --> 01:08:43.560] Do you know when they had the trial? [01:08:43.560 --> 01:08:49.560] Like I said, my head's like a sponge now. I can hold just so much. It is... [01:08:49.560 --> 01:08:58.560] No, no, no. You're holding a lot of trash because you're clearly not holding the relevant details. [01:08:58.560 --> 01:09:10.560] In relevant details, you didn't receive notice of the ruling. Did the judge give you notice of how long it would take him to render a ruling? [01:09:10.560 --> 01:09:12.560] I don't think so. [01:09:12.560 --> 01:09:18.560] And then how long did it take him to render the ruling from the time the hearing was finished? [01:09:18.560 --> 01:09:20.560] I don't remember now. [01:09:20.560 --> 01:09:24.560] If it was a week or two, you don't have anything to complain about. [01:09:24.560 --> 01:09:28.560] Oh, no, it wasn't a week or two. Oh, no. [01:09:28.560 --> 01:09:35.560] Okay. Well, these are numbers you should know in order to be able to establish a claim. [01:09:35.560 --> 01:09:40.560] You're just jumping out there with a claim and you haven't followed the steps. [01:09:40.560 --> 01:09:45.560] Okay. I agree with you there. [01:09:45.560 --> 01:09:54.560] Find out these numbers. Your concern is that it took the judge too long. [01:09:54.560 --> 01:10:00.560] And then when he did render a ruling, he didn't give you notice. So it was fundamentally unfair. [01:10:00.560 --> 01:10:05.560] So the first question is, how long did it take the judge? [01:10:05.560 --> 01:10:11.560] Did the judge tell you how long it was going to take? Did you know when to expect your ruling? [01:10:11.560 --> 01:10:20.560] The only time this will become an issue is if the ruling was unduly slow in coming. [01:10:20.560 --> 01:10:29.560] If you're expecting a ruling and it comes within 30 days, the court can say, well, you should check. [01:10:29.560 --> 01:10:37.560] But if it comes three, four or five months later, then that's unreasonable. [01:10:37.560 --> 01:10:42.560] You shouldn't have to check the court every day for three or four or five months. [01:10:42.560 --> 01:10:48.560] But if it's only a week or two or a month, you don't have an argument. [01:10:48.560 --> 01:10:53.560] Same apply to civil cases? Yes. [01:10:53.560 --> 01:10:59.560] Okay. You have to stay on top of it. [01:10:59.560 --> 01:11:06.560] All right. With regard to the civil case. [01:11:06.560 --> 01:11:12.560] I'm so sick of this. [01:11:12.560 --> 01:11:15.560] Of course, he went to court. [01:11:15.560 --> 01:11:19.560] The reason you're sick of it is because you're not having fun with it. [01:11:19.560 --> 01:11:23.560] I know, I know. How many criminal complaints have you filed against these guys? [01:11:23.560 --> 01:11:29.560] How many bar grievances and judicial conduct complaints? [01:11:29.560 --> 01:11:34.560] He filed two against the judge, the first judge in village court. [01:11:34.560 --> 01:11:38.560] I basically, I think they pooh-poohed it. [01:11:38.560 --> 01:11:46.560] Yeah, they always do. But it puts a mark on his record forever. [01:11:46.560 --> 01:11:58.560] If you're expecting public officials to beat up public officials just because they annoyed you, you live in a different world than I do. [01:11:58.560 --> 01:12:01.560] Oh, no, I agree. I know. [01:12:01.560 --> 01:12:05.560] Expect them to protect each other, and that's okay. [01:12:05.560 --> 01:12:15.560] Because they got an insurance carrier who is not going to be quite so understanding. [01:12:15.560 --> 01:12:19.560] I know. [01:12:19.560 --> 01:12:21.560] Go ahead. [01:12:21.560 --> 01:12:26.560] Okay, here's what we got with the civil case. [01:12:26.560 --> 01:12:31.560] Give me a minute. [01:12:31.560 --> 01:12:42.560] In the civil case with my relative, who is the landlord, and the tenant who wanted his deposit back, the appeals judge agreed with the lower village court. [01:12:42.560 --> 01:12:46.560] The landlord had to return the deposit. [01:12:46.560 --> 01:12:54.560] The first judge, which was village court, used four irrelevant case laws. [01:12:54.560 --> 01:13:02.560] They did not match the same circumstances as the case at hand. [01:13:02.560 --> 01:13:07.560] He appealed that with the appeals judge in county court. [01:13:07.560 --> 01:13:15.560] And the appeals judge used two more different, even more irrelevant cases. [01:13:15.560 --> 01:13:27.560] One had to do with a family reunion instead of going with a case that the landlord had to return the deposit to the tenant. [01:13:27.560 --> 01:13:41.560] The case that he used in appeals court, the appeals judge said he used a case that had to do with family reunion, and they opened a bank account to deposit money to use for the reunion. [01:13:41.560 --> 01:13:50.560] The wrong person took the money out of the account, and please tell me what that has to do with a landlord-tenant dispute over a deposit? [01:13:50.560 --> 01:14:04.560] You should charge the judge with failing to properly apply the law to the facts and ask the grand jury to determine if he denied the litigant due process. [01:14:04.560 --> 01:14:07.560] Yeah, well, he did, but that's beside the point. [01:14:07.560 --> 01:14:11.560] Then what is the point? [01:14:11.560 --> 01:14:20.560] The point is, every time you turn around, they've got another sleight-of-hand trick with smoke and mirrors and deception and forgery. [01:14:20.560 --> 01:14:25.560] Okay, all you're doing now is whining. [01:14:25.560 --> 01:14:26.560] Yeah, I'm sick of it. [01:14:26.560 --> 01:14:30.560] You expect that from them. [01:14:30.560 --> 01:14:41.560] The whole point of this show is, remember my rule, never ask a public official to do anything you actually want him to do. [01:14:41.560 --> 01:14:49.560] Because you never ask a public official to do anything that the law does not compel them to do, and when he doesn't do it, you get to whack him. [01:14:49.560 --> 01:14:53.560] You're missing the fun part. [01:14:53.560 --> 01:15:03.560] Sting him, yeah, file criminal charges against him, accuse him of denying you due process in that he failed to properly apply the law to the facts. [01:15:03.560 --> 01:15:13.560] Now, in these two cases, where would you suggest is the best place to do that? [01:15:13.560 --> 01:15:17.560] Where is the best place to do that? [01:15:17.560 --> 01:15:20.560] I'm not sure what that means. [01:15:20.560 --> 01:15:29.560] Where do you charge the judge with failure to apply the law to the facts of the case, et cetera, et cetera, what you just said? [01:15:29.560 --> 01:15:35.560] You file against him with a magistrate. [01:15:35.560 --> 01:15:40.560] You're in New York, you have a good grand jury system. [01:15:40.560 --> 01:15:46.560] You file with the magistrate, and the magistrate's going to refuse to take your complaint. [01:15:46.560 --> 01:15:49.560] At least you hope he does. [01:15:49.560 --> 01:15:54.560] And then you file against the magistrate. [01:15:54.560 --> 01:16:09.560] And you walk yourself right up the system, hammer everybody, get everybody PO'd at this original judge, at this county judge, because you're down there beating them up. [01:16:09.560 --> 01:16:13.560] This is how we fix the system. [01:16:13.560 --> 01:16:18.560] Not by feeling bad because they don't do what we want them to. [01:16:18.560 --> 01:16:23.560] You should not want them to. You should want them to screw up so you can sting them. [01:16:23.560 --> 01:16:27.560] Well, I understand the concept, yeah, and I agree. [01:16:27.560 --> 01:16:32.560] Okay, hang on, we'll go back to the concept on the other side. [01:16:32.560 --> 01:16:39.560] This is Randy Kelton, Rule of Law Radio, call-in number 512-646-1984. [01:16:39.560 --> 01:16:47.560] Can I see you there? And I am not going to let John use up the whole show. [01:16:47.560 --> 01:16:52.560] I didn't hear a comment, John. [01:16:52.560 --> 01:17:20.560] Okay, hang on, we'll be right back. [01:17:20.560 --> 01:17:24.560] What to do when contacted by phone, mail, or court summons. [01:17:24.560 --> 01:17:26.560] How to answer letters and phone calls. [01:17:26.560 --> 01:17:28.560] How to get debt collectors out of your credit report. [01:17:28.560 --> 01:17:33.560] How to turn the financial tables on them and make them pay you to go away. [01:17:33.560 --> 01:17:38.560] The Michael Meris proven method is the solution for how to stop debt collectors. [01:17:38.560 --> 01:17:40.560] Personal consultation is available as well. [01:17:40.560 --> 01:17:46.560] For more information, please visit RuleOfLawRadio.com and click on the blue Michael Meris banner. [01:17:46.560 --> 01:17:49.560] Or email MichaelMeris at Yahoo.com. [01:17:49.560 --> 01:17:59.560] To learn how to stop debt collectors now. [01:17:59.560 --> 01:18:04.560] I love logos. Without the shows on this network, I'd be almost as ignorant as my friends. [01:18:04.560 --> 01:18:06.560] I'm so addicted to the truth now that there's no going back. [01:18:06.560 --> 01:18:08.560] I need my truth fixed. [01:18:08.560 --> 01:18:12.560] I'd be lost without logos, and I really want to help keep this network on the air. [01:18:12.560 --> 01:18:15.560] I'd love to volunteer as a show producer, but I'm a bit of a Luddite, [01:18:15.560 --> 01:18:19.560] and I really don't have any money to give because I spend it all on supplements. [01:18:19.560 --> 01:18:21.560] How can I help logos? [01:18:21.560 --> 01:18:23.560] Well, I'm glad you asked. [01:18:23.560 --> 01:18:26.560] Whenever you order anything from Amazon, you can help logos. [01:18:26.560 --> 01:18:28.560] You can order new supplies or holiday gifts. [01:18:28.560 --> 01:18:30.560] First thing you do is clear your cookies. [01:18:30.560 --> 01:18:34.560] Now, go to LogosRadioNetwork.com. [01:18:34.560 --> 01:18:37.560] Pick on the Amazon logo and bookmark it. [01:18:37.560 --> 01:18:42.560] Now, when you order anything from Amazon, you use that link and logos gets a few pesos. [01:18:42.560 --> 01:18:43.560] Do I pay extra? [01:18:43.560 --> 01:18:44.560] No. [01:18:44.560 --> 01:18:46.560] Do I have to do anything different when I order? [01:18:46.560 --> 01:18:47.560] No. [01:18:47.560 --> 01:18:48.560] Can I use my Amazon Prime? [01:18:48.560 --> 01:18:49.560] No. [01:18:49.560 --> 01:18:50.560] I mean, yes. [01:18:50.560 --> 01:18:53.560] Wow, giving without doing anything or spending any money. [01:18:53.560 --> 01:18:55.560] This is perfect. [01:18:55.560 --> 01:18:56.560] Thank you so much. [01:18:56.560 --> 01:18:57.560] You're welcome. [01:18:57.560 --> 01:19:26.560] Happy Holidays, Logos. [01:19:26.560 --> 01:19:31.560] Okay, we are back. [01:19:31.560 --> 01:19:33.560] Randy Kelton, Rule of Law Radio. [01:19:33.560 --> 01:19:40.560] We're talking to John in New York, and we're annoying John. [01:19:40.560 --> 01:19:46.560] Okay, you're in the civil court, and what's the deal? [01:19:46.560 --> 01:19:51.560] This is a suit you filed, correct? [01:19:51.560 --> 01:20:01.560] Yep, in the civil court, the landlord is supposed to give the tenant back his security deposit, [01:20:01.560 --> 01:20:08.560] but the landlord, or the, oh my God, I can't stand this anymore. [01:20:08.560 --> 01:20:14.560] The defendant breached the contract, even though he didn't sign. [01:20:14.560 --> 01:20:15.560] Here, let me read it to you. [01:20:15.560 --> 01:20:19.560] I got it all on paper here, and it'll take just a couple of minutes. [01:20:19.560 --> 01:20:23.560] Instead of me bumbling, I'm getting sick of this. [01:20:23.560 --> 01:20:24.560] I really am. [01:20:24.560 --> 01:20:28.560] Then why did you call us making us sick with it? [01:20:28.560 --> 01:20:31.560] Yeah, well, I need your help. [01:20:31.560 --> 01:20:32.560] That's wise. [01:20:32.560 --> 01:20:33.560] Okay. [01:20:33.560 --> 01:20:35.560] I need your help. [01:20:35.560 --> 01:20:37.560] All right, here, hold on. [01:20:37.560 --> 01:20:38.560] I got it right here. [01:20:38.560 --> 01:20:39.560] I got to find it. [01:20:39.560 --> 01:20:41.560] Next, here's the civil case. [01:20:41.560 --> 01:20:46.560] In the civil case, with my relative, who is the landlord, and the tenant who wanted his [01:20:46.560 --> 01:20:51.560] deposit back, the appeals judge agreed with the lower village court, the landlord had [01:20:51.560 --> 01:20:53.560] to return the deposit. [01:20:53.560 --> 01:21:00.560] The appeals judge used two irrelevant cases, and the first case had to do with a family [01:21:00.560 --> 01:21:01.560] reunion. [01:21:01.560 --> 01:21:05.560] They opened a bank account to deposit money to use for the reunion. [01:21:05.560 --> 01:21:08.560] The wrong person took the money out of the account. [01:21:08.560 --> 01:21:09.560] Okay, wait, wait. [01:21:09.560 --> 01:21:12.560] We don't need to go through all of those details. [01:21:12.560 --> 01:21:14.560] Well, you do. [01:21:14.560 --> 01:21:24.560] If you have reason to believe that the judges used the wrong or failed to properly apply [01:21:24.560 --> 01:21:35.560] the law to the facts, then that's grounds for appeal to a higher court. [01:21:35.560 --> 01:21:44.560] So I take it your first case was in a misdemeanor court or in a like a JP small claims. [01:21:44.560 --> 01:21:50.800] And from small claims, it went to a county court, which was the first court of record [01:21:50.800 --> 01:21:57.680] where it was trialed in OVO, and they re-heard the case, and the second judge ruled the same [01:21:57.680 --> 01:22:04.080] way, except he used different case law that was worse than the first. [01:22:04.080 --> 01:22:07.920] From here, you go to the court of appeals. [01:22:07.920 --> 01:22:16.800] Remember what we say, your only purpose in the trial court is to set the record for appeal. [01:22:16.800 --> 01:22:20.900] Never expect to win in the trial court. [01:22:20.900 --> 01:22:28.560] If you do win in the trial court, well, you're fortunate, but never expect to. [01:22:28.560 --> 01:22:34.920] Expect to win in the court of appeals, put your case, put your law, put your case law [01:22:34.920 --> 01:22:39.400] and your facts on the record for the court of appeals. [01:22:39.400 --> 01:22:43.440] That's, that's your only purpose in the trial court. [01:22:43.440 --> 01:22:46.240] You have another purpose, you're doing it wrong. [01:22:46.240 --> 01:22:47.240] Okay. [01:22:47.240 --> 01:22:54.400] What do you call the document you use to charge the judge with failure to apply the law to [01:22:54.400 --> 01:22:56.560] the facts of the case? [01:22:56.560 --> 01:22:57.560] Criminal complaint. [01:22:57.560 --> 01:22:58.560] Okay. [01:22:58.560 --> 01:23:01.560] Denial of due process. [01:23:01.560 --> 01:23:04.120] Say again? [01:23:04.120 --> 01:23:09.360] Denial of due process, you have a right to the due course of the laws. [01:23:09.360 --> 01:23:14.720] If a judge denies you in the due course of the laws, that's a violation of 18 U.S. Code [01:23:14.720 --> 01:23:23.080] 242, and every state has a state statute that reflects 18 U.S. Code 242. [01:23:23.080 --> 01:23:34.800] And keep in mind, 18 U.S. Code 242 does not limit itself to a federal actor. [01:23:34.800 --> 01:23:40.200] As a matter of fact, it was written to govern state actors. [01:23:40.200 --> 01:23:44.920] And I'm paraphrasing, it's a bit long, but if a public official fails to perform a duty [01:23:44.920 --> 01:23:49.680] he's required to perform, and in the process denies a citizen full and free access to or [01:23:49.680 --> 01:23:55.200] enjoyment of right, that's a violation of 18 U.S. Code 242. [01:23:55.200 --> 01:23:56.840] Federal law. [01:23:56.840 --> 01:24:01.120] You have a federal right to the due course of the laws. [01:24:01.120 --> 01:24:07.440] So you can file against the judge in the state under the state statute that reflects the [01:24:07.440 --> 01:24:14.200] Ku Klux Klan Act, or you can file under the Ku Klux Klan Act with feds. [01:24:14.200 --> 01:24:16.200] That would be so much fun. [01:24:16.200 --> 01:24:22.760] Now, which would you suggest, filing federally, or state, no, state first, give the state [01:24:22.760 --> 01:24:26.240] opportunities to screw it up? [01:24:26.240 --> 01:24:27.240] Okay. [01:24:27.240 --> 01:24:31.240] Tar, you got a tar baby started here. [01:24:31.240 --> 01:24:36.320] Yeah, I got this little invisible tar baby, you want to touch it? [01:24:36.320 --> 01:24:40.040] So here you go, Court of Appeals, you want to touch my little tar baby? [01:24:40.040 --> 01:24:45.280] We'll get you to stick to it too, we'll take you to the federal courts. [01:24:45.280 --> 01:24:50.720] They will not like that one little bit. [01:24:50.720 --> 01:24:56.800] When they refuse to perform their duty, then you file against them with the special agent [01:24:56.800 --> 01:24:58.400] in charge of the FBI. [01:24:58.400 --> 01:25:02.040] That's how you do it federally? [01:25:02.040 --> 01:25:05.640] Yeah, yeah, he's the only one you can get to. [01:25:05.640 --> 01:25:11.520] All of the rest of your FBI agents are now secret agents, they don't identify themselves. [01:25:11.520 --> 01:25:19.720] But you can identify the SAC, the special agent in charge, he's on the website. [01:25:19.720 --> 01:25:20.720] So you file with him. [01:25:20.720 --> 01:25:23.440] How do you know it's not him? [01:25:23.440 --> 01:25:28.240] What he's going to do is he's going to have a couple FBI agents come out there and talk [01:25:28.240 --> 01:25:31.840] to the judge and say, what is going on here? [01:25:31.840 --> 01:25:37.000] I got this guy trying to get me to put you in front of a federal grand jury, what'd you [01:25:37.000 --> 01:25:40.400] do to this guy? [01:25:40.400 --> 01:25:45.800] And the judge is not going to be happy. [01:25:45.800 --> 01:25:48.360] Okay. [01:25:48.360 --> 01:25:55.400] Obviously, you notify the FBI in writing, is that correct? [01:25:55.400 --> 01:25:59.680] Everything's in writing, absolutely. [01:25:59.680 --> 01:26:07.840] Certified mail, return receipt, restricted, costs a little extra. [01:26:07.840 --> 01:26:13.160] But only the SAC, the named person, can sign for it. [01:26:13.160 --> 01:26:16.620] Whether he does or not, you don't care. [01:26:16.620 --> 01:26:22.040] You sent it so that only he could sign for it, so no matter who signs for it, it's presumed [01:26:22.040 --> 01:26:24.040] he did. [01:26:24.040 --> 01:26:31.680] And then when he refuses to act, then you file against him with the US Attorney. [01:26:31.680 --> 01:26:34.200] US Attorney is located in Washington? [01:26:34.200 --> 01:26:38.320] No, there's one in every federal courthouse. [01:26:38.320 --> 01:26:41.720] Oh, okay. [01:26:41.720 --> 01:26:47.680] And you just work them up to, you know, run the routine on them, ask them to do what they're [01:26:47.680 --> 01:26:54.800] not going to want to do, and ask them to do something you don't want them to do. [01:26:54.800 --> 01:26:57.400] Because if they do it right, they ruin all your fun. [01:26:57.400 --> 01:26:59.480] Okay, I am going to run out of time. [01:26:59.480 --> 01:27:08.200] I've got one segment, I've got Leslie on the guest bridge, and I've got two more calls. [01:27:08.200 --> 01:27:12.160] Tim, I don't think we'll get to you. [01:27:12.160 --> 01:27:14.360] We've just got one segment. [01:27:14.360 --> 01:27:15.960] Oh, no, we've got two segments. [01:27:15.960 --> 01:27:17.960] Yeah, we might get to you. [01:27:17.960 --> 01:27:20.840] Okay, we need to move on, John. [01:27:20.840 --> 01:27:24.120] Ken's been waiting as long as you have. [01:27:24.120 --> 01:27:26.120] I got it. [01:27:26.120 --> 01:27:27.120] Okay. [01:27:27.120 --> 01:27:28.840] Both cases are the same thing. [01:27:28.840 --> 01:27:29.840] They failed, okay? [01:27:29.840 --> 01:27:31.880] Applied a lot of the facts of the case. [01:27:31.880 --> 01:27:36.160] Yeah, now when the fun starts, now you start filing criminal charges against them. [01:27:36.160 --> 01:27:41.400] And when they fail to act on the criminal charges, you file on those guys and just start [01:27:41.400 --> 01:27:42.720] working it up. [01:27:42.720 --> 01:27:45.720] Now you start to have fun. [01:27:45.720 --> 01:27:46.720] Yep. [01:27:46.720 --> 01:27:47.720] Okay. [01:27:47.720 --> 01:27:48.720] Okay, thank you, John. [01:27:48.720 --> 01:27:50.560] Now we're going to go to Ken in New York. [01:27:50.560 --> 01:27:51.560] Hello, Ken. [01:27:51.560 --> 01:27:52.560] How are you? [01:27:52.560 --> 01:27:58.560] I'm just wiping the tears from my eyes. [01:27:58.560 --> 01:28:05.560] You know, I'm not picking on John, but when I heard him say, oh, I'm sick of this. [01:28:05.560 --> 01:28:12.080] I just wanted to offer a company, so I can't run alone in the world. [01:28:12.080 --> 01:28:17.960] I got Tim behind you, and I think he's going to have a similar sentiment. [01:28:17.960 --> 01:28:27.760] I normally don't have incidents of great import, but I think I got into something where I'm [01:28:27.760 --> 01:28:28.760] wondering if... [01:28:28.760 --> 01:28:29.760] Okay, okay. [01:28:29.760 --> 01:28:30.760] Hold on, Ken. [01:28:30.760 --> 01:28:31.760] Hold on, Ken. [01:28:31.760 --> 01:28:36.480] Let me make one statement. [01:28:36.480 --> 01:28:44.240] When you come on, you always have, you ask good questions. [01:28:44.240 --> 01:28:47.080] You're one of my better callers. [01:28:47.080 --> 01:28:52.600] So whether something's of great import or not, you ask good, insightful questions, and [01:28:52.600 --> 01:28:53.600] I like that. [01:28:53.600 --> 01:28:54.600] Well, thank you. [01:28:54.600 --> 01:29:02.280] Okay, now you know where to go on our website to donate, right? [01:29:02.280 --> 01:29:08.520] Well, I got your books piling up in the corner of my room. [01:29:08.520 --> 01:29:14.160] I told Eddie, the other guy down at the other end of the block, I told him that I had an [01:29:14.160 --> 01:29:15.720] outreach program. [01:29:15.720 --> 01:29:20.320] I actually gave one of my brother-in-law, and he had no interest in this stuff, and [01:29:20.320 --> 01:29:24.960] he actually found it interesting, because I've been talking to him for years about it. [01:29:24.960 --> 01:29:27.960] But I don't know if I'm too loud enough. [01:29:27.960 --> 01:29:35.360] Every caller before has been 100% louder than you, so in fact, I had to bring the earpiece, [01:29:35.360 --> 01:29:40.800] the handset, away from me, so I'm trying to talk not directly into the hand. [01:29:40.800 --> 01:29:45.480] Let me turn my mic up a little more. [01:29:45.480 --> 01:29:50.000] I guess it is feeding back into my headset, because when I turn it up, I'm getting loud [01:29:50.000 --> 01:29:53.000] in my ears. [01:29:53.000 --> 01:29:55.440] Let me make some adjustments here. [01:29:55.440 --> 01:29:57.680] Okay, how do I sound now? [01:29:57.680 --> 01:29:58.680] Do I sound louder? [01:29:58.680 --> 01:30:04.680] It seems like everywhere you turn nowadays, someone wants your name, social security number, [01:30:04.680 --> 01:30:05.680] and date of birth. [01:30:05.680 --> 01:30:08.440] But you should think twice before giving away your personal data. [01:30:08.440 --> 01:30:12.320] I'm Dr. Catherine Albrecht, and I'll say more in just a moment. [01:30:12.320 --> 01:30:16.880] Google is watching you, recording everything you've ever searched for, and creating a massive [01:30:16.880 --> 01:30:19.520] database of your personal information. [01:30:19.520 --> 01:30:22.560] It's creepy, but it doesn't have to be that way. [01:30:22.560 --> 01:30:25.920] Startpage.com is the world's most private search engine. [01:30:25.920 --> 01:30:30.240] Startpage.com doesn't store your IP address, make a record of your searches, or use tracking [01:30:30.240 --> 01:30:32.520] cookies, and they're third-party certified. [01:30:32.520 --> 01:30:37.000] If you don't like big brothers spying on you, start over with Startpage. [01:30:37.000 --> 01:30:39.840] Great search results and total privacy. [01:30:39.840 --> 01:30:42.760] Startpage.com, the world's most private search engine. [01:30:42.760 --> 01:30:45.360] Forms, forms, forms, they're everywhere. [01:30:45.360 --> 01:30:49.040] But just because a piece of paper asks for information doesn't mean you have to give [01:30:49.040 --> 01:30:50.040] it. [01:30:50.040 --> 01:30:54.560] I leave blank spaces on forms all the time, or I write N slash A for not applicable, and [01:30:54.560 --> 01:30:56.640] usually nobody notices or cares. [01:30:56.640 --> 01:31:01.200] I never give my social security number or date of birth unless it's absolutely mandatory [01:31:01.200 --> 01:31:05.520] for employment or a government requirement, and I won't give my phone number to a company [01:31:05.520 --> 01:31:09.680] or an organization unless I actually want them to call me, and that's pretty rare. [01:31:09.680 --> 01:31:14.800] To preserve our vanishing privacy, we need to practice saying no to random data requests. [01:31:14.800 --> 01:31:16.440] It's like exercising a muscle. [01:31:16.440 --> 01:31:18.280] It gets easier the more you do it. [01:31:18.280 --> 01:31:20.000] I'm Dr. Catherine Albrecht. [01:31:20.000 --> 01:31:31.660] More news and information at CatherineAlbrecht.com. [01:31:31.660 --> 01:31:37.040] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th. [01:31:37.040 --> 01:31:39.480] The government says that fire brought it down. [01:31:39.480 --> 01:31:44.080] However, 1,500 architects and engineers concluded it was a controlled demolition. [01:31:44.080 --> 01:31:46.760] Over 6,000 of my fellow service members have given their lives. [01:31:46.760 --> 01:31:49.520] Thousands of my fellow first responders are dying. [01:31:49.520 --> 01:31:50.880] I'm not a conspiracy theorist. [01:31:50.880 --> 01:31:51.880] I'm a structural engineer. [01:31:51.880 --> 01:31:53.360] I'm a New York City correction officer. [01:31:53.360 --> 01:31:54.360] I'm an Air Force pilot. [01:31:54.360 --> 01:31:56.040] I'm a father who lost his son. [01:31:56.040 --> 01:31:58.640] We're Americans, and we deserve the truth. [01:31:58.640 --> 01:32:01.400] Go to RememberBuilding7.org today. [01:32:01.400 --> 01:32:06.040] Rule of Law Radio is proud to offer the Rule of Law traffic seminar. [01:32:06.040 --> 01:32:09.880] In today's America, we live in an us-against-them society, and if we the people are ever going [01:32:09.880 --> 01:32:13.840] to have a free society, then we're going to have to stand and defend our own rights. [01:32:13.840 --> 01:32:16.520] Among those rights are the right to travel freely from place to place. [01:32:16.520 --> 01:32:20.160] The right to act in our own private capacity, and most importantly, the right to due process [01:32:20.160 --> 01:32:21.160] of law. [01:32:21.160 --> 01:32:24.920] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve [01:32:24.920 --> 01:32:26.240] our rights through due process. [01:32:26.240 --> 01:32:30.280] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the [01:32:30.280 --> 01:32:34.040] most comprehensive teaching tool available that will help you understand what due process [01:32:34.040 --> 01:32:36.440] is and how to hold courts to the rule of law. [01:32:36.440 --> 01:32:40.480] You can get your own copy of this invaluable material by going to RuleOfLawRadio.com and [01:32:40.480 --> 01:32:41.760] ordering your copy today. [01:32:41.760 --> 01:32:44.960] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, [01:32:44.960 --> 01:32:46.480] The Law Versus the Lie. [01:32:46.480 --> 01:32:50.680] Audio and audio of the original 2009 seminar, hundreds of research documents and other useful [01:32:50.680 --> 01:32:51.680] resource material. [01:32:51.680 --> 01:32:55.040] Learn how to fight for your rights with the help of this material from RuleOfLawRadio.com. [01:32:55.040 --> 01:33:03.080] Order your copy today and together we can have a free society we all want and deserve. [01:33:03.080 --> 01:33:06.040] You are listening to the Logos Radio Network. [01:33:06.040 --> 01:33:07.040] LogosRadioNetwork.com. [01:33:07.040 --> 01:33:28.080] I see tools of ingenuity The use against the workers of inequity [01:33:28.080 --> 01:33:38.840] The tools of massive capability The failure but we're all eternity [01:33:38.840 --> 01:33:41.880] They come from natural divinity [01:33:41.880 --> 01:33:49.400] Okay, we are back, Randy Kelton, Rule of Law Radio, and we're talking to Ken in New York. [01:33:49.400 --> 01:33:52.480] Okay, Ken, I have my mic maxed. [01:33:52.480 --> 01:33:58.760] Well, you sound fine, it's just that you sound fine to me. [01:33:58.760 --> 01:34:03.680] And I probably sound okay to you, it's just that the other callers may be perceiving it [01:34:03.680 --> 01:34:04.680] as way too loud. [01:34:04.680 --> 01:34:08.320] So that's the only thing I was wondering about. [01:34:08.320 --> 01:34:09.720] Because that's the way I saw it. [01:34:09.720 --> 01:34:11.400] I mean, I was getting it. [01:34:11.400 --> 01:34:18.980] Yeah, I'm having a little difficulty with this mixer as my voice is now booming in my [01:34:18.980 --> 01:34:19.980] ears. [01:34:19.980 --> 01:34:24.320] But I'm gonna leave it like it is, it's not too loud for me. [01:34:24.320 --> 01:34:28.520] I can tell that my voice is going out because it's coming back. [01:34:28.520 --> 01:34:29.520] Okay. [01:34:29.520 --> 01:34:30.520] Okay. [01:34:30.520 --> 01:34:38.880] While I'm waiting for the Chevelle of my childhood, I unfortunately had a perfectly good working [01:34:38.880 --> 01:34:39.880] old car. [01:34:39.880 --> 01:34:44.880] I only had 57,000 miles on it, the check engine light went on when I was on the way to get [01:34:44.880 --> 01:34:45.880] it inspected. [01:34:45.880 --> 01:34:51.960] So I had the codes that were coming out of it caused me to have to junk it. [01:34:51.960 --> 01:34:56.440] And I wish she had substituted that British brown vest that I was asking for. [01:34:56.440 --> 01:35:01.400] Because with a 70 caliber ball, I would have went up to her and said, baby, if I can't [01:35:01.400 --> 01:35:03.200] have you, nobody's gonna have you. [01:35:03.200 --> 01:35:05.880] So I had to junk a car. [01:35:05.880 --> 01:35:08.480] Now I'm looking around my neighborhood for a car. [01:35:08.480 --> 01:35:12.040] I don't have a lot of time, I've had other problems, medical issues, I've been out of [01:35:12.040 --> 01:35:15.480] work for a little while, I'm just going back, all this stuff's fine. [01:35:15.480 --> 01:35:21.600] I'm noticing that I'm seeing oranges on license plates parked used cars for sale. [01:35:21.600 --> 01:35:27.360] And when I get a little closer, it has oranges and it says Florida dealer on it. [01:35:27.360 --> 01:35:31.760] Now, I don't know, this could be useful for other people in New York, because I think [01:35:31.760 --> 01:35:35.680] I may have been inadvertently part of a scam. [01:35:35.680 --> 01:35:41.840] And my question to you will be eventually, if I witnessed something, could I have become [01:35:41.840 --> 01:35:46.840] accessory to fraud or accessory to a felony? [01:35:46.840 --> 01:35:47.840] No. [01:35:47.840 --> 01:35:50.480] I went to a dealer, bought a car, worked at a car. [01:35:50.480 --> 01:35:56.240] We made a contract up, this bill is stale, and needed a few things fixed. [01:35:56.240 --> 01:36:00.960] And one of the things I needed, I said, I want to make sure this thing passes inspection [01:36:00.960 --> 01:36:02.640] before I take ownership. [01:36:02.640 --> 01:36:09.480] So he said, okay, fine, fix the air conditioner, we'll exhaust leak an older car again, older [01:36:09.480 --> 01:36:14.440] than 10 years, and it would be suitable for now. [01:36:14.440 --> 01:36:19.240] And he makes a bill up with his name on it. [01:36:19.240 --> 01:36:24.080] And he was in a dealership, a small dealership that had a good reputation across town, my [01:36:24.080 --> 01:36:30.240] brother-in-law recommended me to, and then it turns out that he's renting the place. [01:36:30.240 --> 01:36:32.880] And he says, well, I'm a dealer, but I don't have my license yet. [01:36:32.880 --> 01:36:36.640] I noticed they had a Florida dealer plate on one of the cars. [01:36:36.640 --> 01:36:39.000] So I said, okay. [01:36:39.000 --> 01:36:42.960] So I went and put a deposit on the car. [01:36:42.960 --> 01:36:46.680] I come back the next day, he's got the car inspected, and I said, wonderful. [01:36:46.680 --> 01:36:48.960] So paid it off. [01:36:48.960 --> 01:36:54.880] But just before, I had him take the contract that we had, or the bill of sale, with his [01:36:54.880 --> 01:36:55.880] name on it. [01:36:55.880 --> 01:36:59.320] Then he gives me another bill of sale, which is, I'm going to give you a blank bill of [01:36:59.320 --> 01:37:02.440] sale if you want, you can change the price for whatever you want on it and avoid the [01:37:02.440 --> 01:37:03.440] sales tax. [01:37:03.440 --> 01:37:05.320] And I said, oh, okay. [01:37:05.320 --> 01:37:09.520] And then I started thinking about it, he said, nah, I don't think so. [01:37:09.520 --> 01:37:15.080] So he gives me a bill of sale, a second one that just says the car is as is, puts the [01:37:15.080 --> 01:37:18.960] price on it, and it's from the name of the person on the title, and then he signs the [01:37:18.960 --> 01:37:22.520] person's name and then gives it to me. [01:37:22.520 --> 01:37:24.680] So I take it down to Motor Vehicle the next day. [01:37:24.680 --> 01:37:27.640] Now I've bought some dealers in the past, and usually they arrange to get the plates [01:37:27.640 --> 01:37:29.240] on the spot for you. [01:37:29.240 --> 01:37:33.880] Well, he said he was a dealer, but he didn't have his New York license yet. [01:37:33.880 --> 01:37:39.160] I go down to Motor Vehicle the next day, I'm smiling, I've got all my paperwork done, [01:37:39.160 --> 01:37:43.560] and all of a sudden the woman looks at me and she goes, how did you get this car inspected [01:37:43.560 --> 01:37:45.400] in your name a day before you bought it? [01:37:45.400 --> 01:37:50.400] I said, oh my God, my life started to pass in front of my eyes. [01:37:50.400 --> 01:37:57.240] So she goes, who does that? [01:37:57.240 --> 01:38:03.160] Now I had the bill of sale, which was just from the person that he had the title on, [01:38:03.160 --> 01:38:07.440] which he probably never saw or met, because he probably bought the car at an auction. [01:38:07.440 --> 01:38:12.840] So I started thinking, I'm sitting there getting vapor lock, where I'm standing in [01:38:12.840 --> 01:38:17.240] front of the woman, she's got this twisted look on her face, and I said, well, one of [01:38:17.240 --> 01:38:20.600] the conditions I made, I said I wanted to make sure it passed inspection first, I don't [01:38:20.600 --> 01:38:21.980] know what he did. [01:38:21.980 --> 01:38:25.960] And then I said, she goes, who did you buy this car from? [01:38:25.960 --> 01:38:28.960] She obviously didn't believe it was the one I had to receive. [01:38:28.960 --> 01:38:32.600] So I said, well, he's a dealer, and he had Florida license plates, and he said he didn't [01:38:32.600 --> 01:38:34.240] get his license yet. [01:38:34.240 --> 01:38:38.080] So she made a face, turns around, put it in the computer, she goes, okay, it went through, [01:38:38.080 --> 01:38:42.400] you own the car, but you're gonna have to get it re-inspected again, that's $37. [01:38:42.400 --> 01:38:48.040] Now I had agreed to pay for the inspection check, he went to one of his friends and put [01:38:48.040 --> 01:38:53.040] my name on the inspection, you can't do a dry inspection in New York, you have to put [01:38:53.040 --> 01:38:57.840] a name on it, and if you hook the machine up to the car, it goes into the state. [01:38:57.840 --> 01:39:05.320] So the car really was inspected, it didn't pass, but it was the day before I bought it. [01:39:05.320 --> 01:39:10.360] So I'm thinking to myself, did I just witness fraud? [01:39:10.360 --> 01:39:15.600] Probably not. [01:39:15.600 --> 01:39:25.320] It may violate some rules, dealer rules, but he sold you what he said he was selling you, [01:39:25.320 --> 01:39:34.000] and he did get it inspected, so while you may have been confused, you weren't harmed [01:39:34.000 --> 01:39:36.480] or defrauded in any way. [01:39:36.480 --> 01:39:37.480] No. [01:39:37.480 --> 01:39:43.640] I mean, he gave me the bill from the person that was originally on the title, and he signed [01:39:43.640 --> 01:39:47.920] the person's name signature. [01:39:47.920 --> 01:39:55.840] And even that, if the person authorized him to sign his name, that's okay. [01:39:55.840 --> 01:40:00.640] I didn't know that because maybe he had power of attorney or his author, I don't know, but [01:40:00.640 --> 01:40:07.520] I was just thinking that when the girl in the motor vehicle, I said, I was doing a Ralph [01:40:07.520 --> 01:40:16.240] Crampton, I was going, I don't know what to say, I don't go looking for trouble, but occasionally, [01:40:16.240 --> 01:40:19.040] you know, when I call up most of the time, I don't really have an issue. [01:40:19.040 --> 01:40:25.120] I did my time with my hospital death boot back in 2014, and I'm satisfied just to listen [01:40:25.120 --> 01:40:27.120] to other people. [01:40:27.120 --> 01:40:33.560] Well, that's a pretty good call, but let me go on, I'm running out of time and I do want [01:40:33.560 --> 01:40:35.440] to get in Leslie. [01:40:35.440 --> 01:40:36.440] Sure. [01:40:36.440 --> 01:40:39.080] She's got some interesting stuff. [01:40:39.080 --> 01:40:40.080] Thank you. [01:40:40.080 --> 01:40:41.080] Thank you, Kent. [01:40:41.080 --> 01:40:42.080] Okay. [01:40:42.080 --> 01:40:50.040] So Ms. Leslie, tell us about this case on arbitration. [01:40:50.040 --> 01:40:55.400] It's Garloch, the 3DS properties in Nebraska. [01:40:55.400 --> 01:41:00.480] Very quickly, briefly, give everybody context for this. [01:41:00.480 --> 01:41:11.000] Okay, this, this, these people bought a property and they felt that it was information that [01:41:11.000 --> 01:41:12.320] they could tell about the property. [01:41:12.320 --> 01:41:13.320] No, no, no. [01:41:13.320 --> 01:41:18.520] No context from your perspective, what you've been doing and why this is important. [01:41:18.520 --> 01:41:19.520] Oh, arbitration. [01:41:19.520 --> 01:41:26.960] Arbitration is where we have a, a contract and it has an arbitration clause in it and [01:41:26.960 --> 01:41:36.400] you can go, you know, after you do a administrative process with this arbitration contract, you [01:41:36.400 --> 01:41:43.160] go to an arbitrator and get a decision and all the time these banks are not responding [01:41:43.160 --> 01:41:44.160] to anything. [01:41:44.160 --> 01:41:53.520] Now, this ruling that came down in Nebraska from their Supreme Court said that if they [01:41:53.520 --> 01:42:03.320] do not object to going to arbitration when they get a notice of arbitration, right, they [01:42:03.320 --> 01:42:18.480] lose the event, their judicial request to challenge the arbitratability of the case. [01:42:18.480 --> 01:42:23.600] They cannot get it mandated, yes. [01:42:23.600 --> 01:42:29.880] If they do not object before the arbitration hearing and let the arbitrator know there [01:42:29.880 --> 01:42:35.720] is a challenge to jurisdiction of the arbitrator, they cannot come after later and say, I don't [01:42:35.720 --> 01:42:36.720] like what they did. [01:42:36.720 --> 01:42:40.640] He didn't have, it's not an arbitratable thing. [01:42:40.640 --> 01:42:44.080] We don't have an arbitration agreement or anything like that. [01:42:44.080 --> 01:42:48.280] They cannot do that. [01:42:48.280 --> 01:42:53.400] If they do not, if you sit on your rights in this case, you lose them even if you're [01:42:53.400 --> 01:42:54.400] a big bank. [01:42:54.400 --> 01:42:55.400] That's right. [01:42:55.400 --> 01:43:05.920] This is important to Leslie because she has a default on one and I understand you have [01:43:05.920 --> 01:43:09.040] some other people who have got defaults as well. [01:43:09.040 --> 01:43:14.040] Yes, we have, there's three now, four now. [01:43:14.040 --> 01:43:16.080] I have another one going to arbitration. [01:43:16.080 --> 01:43:19.080] He will get his award in two weeks. [01:43:19.080 --> 01:43:20.080] Wonderful. [01:43:20.080 --> 01:43:26.600] And that's for a very similar amount as mine, a little bit more actually. [01:43:26.600 --> 01:43:27.600] Okay. [01:43:27.600 --> 01:43:29.120] We are about out of time, Liz. [01:43:29.120 --> 01:43:31.520] Oh no, we've got a whole other segment. [01:43:31.520 --> 01:43:33.520] Oh good, good, good. [01:43:33.520 --> 01:43:34.520] Okay. [01:43:34.520 --> 01:43:35.520] Okay. [01:43:35.520 --> 01:43:37.520] So back to the case law. [01:43:37.520 --> 01:43:38.520] Hang on. [01:43:38.520 --> 01:43:40.880] Let's do this after the break. [01:43:40.880 --> 01:43:45.400] This may be the first, this is only the third time I didn't run off the cliff. [01:43:45.400 --> 01:43:46.400] Okay. [01:43:46.400 --> 01:43:49.440] Randy Kelton, Rule of Law Radio, won't give out the call-in number. [01:43:49.440 --> 01:43:55.520] We've still got Tim on the board and so we'll probably finish out with what we got. [01:43:55.520 --> 01:44:00.560] We'll be right back. [01:44:00.560 --> 01:44:05.960] Through advances in technology, our lives have greatly improved except in the area of [01:44:05.960 --> 01:44:06.960] nutrition. [01:44:06.960 --> 01:44:11.320] People feed their pets better than they feed themselves and it's time we changed all that. [01:44:11.320 --> 01:44:17.600] Our primary defense against aging and disease in this toxic environment is good nutrition. [01:44:17.600 --> 01:44:23.360] In a world where natural foods have been irradiated, adulterated and mutilated, Young Jevity can [01:44:23.360 --> 01:44:25.600] provide the nutrients you need. [01:44:25.600 --> 01:44:30.600] Logos Radio Network gets many requests to endorse all sorts of products, most of which [01:44:30.600 --> 01:44:31.600] we reject. [01:44:31.600 --> 01:44:36.840] We have come to trust Young Jevity so much, we became a marketing distributor along with [01:44:36.840 --> 01:44:40.040] Alex Jones, Ben Fuchs and many others. [01:44:40.040 --> 01:44:45.960] When you order from LogosRadioNetwork.com, your health will improve as you help support [01:44:45.960 --> 01:44:47.580] quality radio. [01:44:47.580 --> 01:44:51.920] As you realize the benefits of Young Jevity, you may want to join us. [01:44:51.920 --> 01:44:57.580] As a distributor, you can experience improved health, help your friends and family and increase [01:44:57.580 --> 01:44:59.120] your income. [01:44:59.120 --> 01:45:03.440] Order now. [01:45:03.440 --> 01:45:06.640] Are you the plaintiff or defendant in a lawsuit? [01:45:06.640 --> 01:45:11.880] Win your case without an attorney with Juris Dictionary, the affordable, easy to understand [01:45:11.880 --> 01:45:17.160] 4CD course that will show you how in 24 hours, step by step. [01:45:17.160 --> 01:45:21.600] If you have a lawyer, know what your lawyer should be doing. [01:45:21.600 --> 01:45:25.360] If you don't have a lawyer, know what you should do for yourself. [01:45:25.360 --> 01:45:30.240] Thousands have won with our step by step course and now you can too. [01:45:30.240 --> 01:45:36.800] Juris Dictionary was created by a licensed attorney with 22 years of case winning experience. [01:45:36.800 --> 01:45:41.560] Even if you're not in a lawsuit, you can learn what everyone should understand about the [01:45:41.560 --> 01:45:45.840] principles and practices that control our American courts. [01:45:45.840 --> 01:45:52.040] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [01:45:52.040 --> 01:45:54.640] pro se tactics and much more. [01:45:54.640 --> 01:46:17.800] Please visit RuleOfLawRadio.com and click on the banner or call toll free, 866-LAW-EASY. [01:46:24.640 --> 01:46:37.160] Okay, we are back, Randy Kelton, Rule of Law Radio and we're talking to Leslie in Arizona. [01:46:37.160 --> 01:46:41.200] Okay, so go back to this case again. [01:46:41.200 --> 01:46:43.960] Now what did this case say? [01:46:43.960 --> 01:46:49.880] Oh, I can hear you better if I unmute you. [01:46:49.880 --> 01:46:50.880] There you go. [01:46:50.880 --> 01:46:51.880] Okay, go ahead Leslie. [01:46:51.880 --> 01:47:02.440] It says if a party clearly and explicitly makes known to the arbitrator prior to a hearing [01:47:02.440 --> 01:47:10.080] on the merits that he or she objects to the arbitratability of an issue, that participation [01:47:10.080 --> 01:47:14.560] will not preclude a later judicial challenge to arbitratability. [01:47:14.560 --> 01:47:22.600] However, if they don't do that and they just go along with it and they don't file anything [01:47:22.600 --> 01:47:30.520] that objects to the arbitration, they cannot go and challenge judicially the arbitratability [01:47:30.520 --> 01:47:31.800] and get it thrown out. [01:47:31.800 --> 01:47:33.520] They just can't. [01:47:33.520 --> 01:47:40.680] This would seem to bypass the issue of subject matter jurisdiction. [01:47:40.680 --> 01:47:46.880] Generally, subject matter jurisdiction says that it can be challenged no matter how remote [01:47:46.880 --> 01:47:48.320] in history. [01:47:48.320 --> 01:47:52.640] And this is saying, no, you can't. [01:47:52.640 --> 01:47:58.680] Not when it comes to arbitration, because if you don't object to the arbitrator, if [01:47:58.680 --> 01:48:04.880] you don't object to the arbitrator, then you cannot object in a court. [01:48:04.880 --> 01:48:05.880] This is incredible. [01:48:05.880 --> 01:48:06.880] Yeah. [01:48:06.880 --> 01:48:10.680] That's what I thought. [01:48:10.680 --> 01:48:18.480] The only issue the party would have is a showing of lack of proper notice. [01:48:18.480 --> 01:48:22.240] Well, this team of people had lots of notice. [01:48:22.240 --> 01:48:23.920] That's what I want to say. [01:48:23.920 --> 01:48:25.440] So that's their only issue. [01:48:25.440 --> 01:48:35.280] So you want to make sure that when you initiate this, you give them indisputable notice. [01:48:35.280 --> 01:48:39.800] And if they have indisputable notice and they don't have their practices and procedures [01:48:39.800 --> 01:48:45.200] in place to handle this, because from what I've heard, that's what this sounds like. [01:48:45.200 --> 01:48:50.880] This is something that's used so seldom that the banks don't have procedures in place [01:48:50.880 --> 01:48:51.880] for it. [01:48:51.880 --> 01:48:54.880] So it falls through the cracks. [01:48:54.880 --> 01:49:00.560] And what they didn't have was bad grandma coming after them. [01:49:00.560 --> 01:49:06.560] When a dispute is permitted to arbitration without objecting to arbitratability, they [01:49:06.560 --> 01:49:14.800] waive their right to seek a judicial determination that the dispute was not arbitratable. [01:49:14.800 --> 01:49:23.520] That's pretty well preemption of the claim of subject matter jurisdiction. [01:49:23.520 --> 01:49:24.520] That's tough. [01:49:24.520 --> 01:49:31.400] So I suspect that you and the people you're helping hammer them, they're going to start [01:49:31.400 --> 01:49:37.640] closing these holes, especially when they get a couple of $10 million claims against [01:49:37.640 --> 01:49:38.640] them. [01:49:38.640 --> 01:49:39.640] Yeah. [01:49:39.640 --> 01:49:40.640] Yeah. [01:49:40.640 --> 01:49:49.000] Well, this other one, Adrian, he's got a $96 million claim against them that he's still [01:49:49.000 --> 01:49:53.440] arguing in the Dragonetti Act, the Dragonetti action. [01:49:53.440 --> 01:49:58.960] He's still got that going, besides this. [01:49:58.960 --> 01:50:05.080] Now, has that one went through the arbitration? [01:50:05.080 --> 01:50:07.880] No, that's separate. [01:50:07.880 --> 01:50:09.400] Oh, okay. [01:50:09.400 --> 01:50:10.400] No. [01:50:10.400 --> 01:50:13.920] See, it's two different subjects. [01:50:13.920 --> 01:50:20.720] The arbitration is based on the claim that I sent you last week, a couple of weeks ago. [01:50:20.720 --> 01:50:26.160] That claim is what you're saying is this is all fraud here. [01:50:26.160 --> 01:50:35.040] The Dragonetti is, look, you tried to foreclose on my house and you dropped it and you knew [01:50:35.040 --> 01:50:38.400] you didn't have a claim and you did wrong by doing that. [01:50:38.400 --> 01:50:40.400] That's the separate thing. [01:50:40.400 --> 01:50:42.920] That's a separate action. [01:50:42.920 --> 01:50:48.160] So you have the arbitration claim, plus you have the Dragonetti action. [01:50:48.160 --> 01:50:49.760] Yes. [01:50:49.760 --> 01:50:51.400] Explain to people what Dragonetti is. [01:50:51.400 --> 01:50:53.040] It's unique to Pennsylvania. [01:50:53.040 --> 01:50:58.280] Well, actually, it's not unique to Pennsylvania. [01:50:58.280 --> 01:51:08.960] It's more like a wrongful civil action, but it's more defined in statute. [01:51:08.960 --> 01:51:23.400] If somebody sues you and you respond to them and they drop the case and dismiss it voluntarily [01:51:23.400 --> 01:51:35.800] or it's dismissed for them by the court, they then are liable for a false civil action [01:51:35.800 --> 01:51:43.240] if you can prove that they had no case to begin with, they knew they didn't have a case [01:51:43.240 --> 01:51:51.540] to begin with, and they did it for a malicious reason, for spite. [01:51:51.540 --> 01:51:55.520] If you can prove all those things, you got a Dragonetti action. [01:51:55.520 --> 01:52:03.440] In Adrian's case, he was involved in a quiet title suit in the federal court and fraud, [01:52:03.440 --> 01:52:09.680] and then they brought a quiet title in the state court while he was going on in the federal [01:52:09.680 --> 01:52:10.680] court. [01:52:10.680 --> 01:52:17.640] And they made it confusing enough that it prevented his attorney from catching all the [01:52:17.640 --> 01:52:23.200] little motions for summary judgment, because there was like four defendants. [01:52:23.200 --> 01:52:28.640] And the reason there was four of them was because they brought in all the title companies [01:52:28.640 --> 01:52:32.480] and all of the other lenders. [01:52:32.480 --> 01:52:37.400] Because they were all doing things, he missed one of the motions for summary judgment and [01:52:37.400 --> 01:52:45.520] it got dismissed because he didn't respond to that one summary judgment. [01:52:45.520 --> 01:52:51.040] And then right after that, the next day or the same day that they got that judgment, [01:52:51.040 --> 01:52:56.120] they dropped the quiet title case, which shows you that the only reason they had the quiet [01:52:56.120 --> 01:53:02.720] title case was to confuse the issues and the other case in the federal court. [01:53:02.720 --> 01:53:05.720] So it was a harassment suit? [01:53:05.720 --> 01:53:06.720] Yes. [01:53:06.720 --> 01:53:07.720] Interesting. [01:53:07.720 --> 01:53:12.800] That's right, it's $96 million. [01:53:12.800 --> 01:53:17.440] Well, that is wonderful. [01:53:17.440 --> 01:53:23.160] I hope they win that one because this will break these lawyers, or at least help slow [01:53:23.160 --> 01:53:26.560] them down in some of their shyster shenanigans. [01:53:26.560 --> 01:53:28.680] Okay, I do have one more caller. [01:53:28.680 --> 01:53:31.200] Do you have anything else for us, Leslie? [01:53:31.200 --> 01:53:32.760] Nope, that's it. [01:53:32.760 --> 01:53:36.000] I sent you this case so that you can look at it. [01:53:36.000 --> 01:53:38.000] It's in your Skype. [01:53:38.000 --> 01:53:39.000] Okay, wonderful. [01:53:39.000 --> 01:53:40.000] Thank you. [01:53:40.000 --> 01:53:41.000] Okay. [01:53:41.000 --> 01:53:42.000] Okay, good night. [01:53:42.000 --> 01:53:43.000] See you later. [01:53:43.000 --> 01:53:44.000] Good night. [01:53:44.000 --> 01:53:48.280] Okay, now we're going to go to Tim in Texas. [01:53:48.280 --> 01:53:52.720] Tim, what do you have for us today? [01:53:52.720 --> 01:53:56.600] I have Brett on Skype trying to get through to you. [01:53:56.600 --> 01:54:01.440] Yes, I tried to call him and it almost shut me down. [01:54:01.440 --> 01:54:06.400] Well, he's on hold on Skype right now. [01:54:06.400 --> 01:54:09.600] He's been on there for over an hour. [01:54:09.600 --> 01:54:10.600] I couldn't. [01:54:10.600 --> 01:54:17.080] Okay, because I called and it didn't show that he answered. [01:54:17.080 --> 01:54:22.680] Well, he was driving down the road, but anyway, he called you on all the numbers and he found [01:54:22.680 --> 01:54:26.560] that he got through on Skype when he got home. [01:54:26.560 --> 01:54:33.400] Okay, well, see, I got his email and tried to call him. [01:54:33.400 --> 01:54:42.200] On one of the breaks, I disconnected and then recalled that's how I got Leslie on because [01:54:42.200 --> 01:54:48.800] my call for Brett has Leslie included in it and I didn't figure out how to drop it yet, [01:54:48.800 --> 01:54:56.280] but I didn't get an answer from him on that one and I haven't seen anything with him on [01:54:56.280 --> 01:54:57.280] Skype. [01:54:57.280 --> 01:55:04.920] Yeah, okay, so I'm a little late now and I really wanted to get him on. [01:55:04.920 --> 01:55:07.880] I don't see him in my Skype call. [01:55:07.880 --> 01:55:16.000] Well, he's there, so I'm looking at the different ones. [01:55:16.000 --> 01:55:19.120] The only one I've got doesn't show him. [01:55:19.120 --> 01:55:25.600] Okay, no, I've only got one. [01:55:25.600 --> 01:55:26.960] We don't have enough time. [01:55:26.960 --> 01:55:27.960] Don't go on it. [01:55:27.960 --> 01:55:29.960] Okay, that's fine. [01:55:29.960 --> 01:55:32.800] Let me see if I can just add him. [01:55:32.800 --> 01:55:35.080] There we go. [01:55:35.080 --> 01:55:41.120] If he can hear me, then he might want to hang up on the one he, okay, add, okay, it should [01:55:41.120 --> 01:55:47.120] be ringing him now. [01:55:47.120 --> 01:55:56.080] Okay, Brett, you there? [01:55:56.080 --> 01:55:57.080] I am. [01:55:57.080 --> 01:56:03.680] Okay, I've got some noise, is that background noise yours? [01:56:03.680 --> 01:56:08.360] Not from me, but why don't you just go ahead and talk, Tim's only got a couple of minutes [01:56:08.360 --> 01:56:11.640] and the show's over, so. [01:56:11.640 --> 01:56:18.240] Yeah, but you know how annoying Tim can be. [01:56:18.240 --> 01:56:26.760] Do you have something for us, Tim, or did you just call to tell me that Brett was waiting? [01:56:26.760 --> 01:56:29.080] Are you there, Tim? [01:56:29.080 --> 01:56:34.240] He just called to tell me you were waiting because he just hung up. [01:56:34.240 --> 01:56:37.360] Well, that was really nice of him. [01:56:37.360 --> 01:56:41.240] Well, just because I insulted him only a little bit. [01:56:41.240 --> 01:56:46.640] Okay, yeah, I'm definitely going to want to talk about what went on. [01:56:46.640 --> 01:56:49.720] You want to kind of give a brief synopsis of what happened today? [01:56:49.720 --> 01:56:53.640] Oh my goodness, what a bizarre day. [01:56:53.640 --> 01:57:00.480] I went over to sit as a court watcher in Rockwall today and saw some interesting crimes going [01:57:00.480 --> 01:57:06.960] on and ended up having a great chat with a fellow over there. [01:57:06.960 --> 01:57:12.240] And then went over to this Wood County to see what's going on with Wood County because [01:57:12.240 --> 01:57:16.560] they had said they wanted me to show up, but I had no idea why. [01:57:16.560 --> 01:57:25.440] And when I got there, the clerk people were very helpful and where it showed me the file [01:57:25.440 --> 01:57:31.560] and I looked at the file and said, well, huh, I wonder what this is about. [01:57:31.560 --> 01:57:36.920] And it was the case that had been dismissed previously in a municipal court and the county [01:57:36.920 --> 01:57:43.960] court was taking it up, somehow going to retry me for it after getting dismissed. [01:57:43.960 --> 01:57:47.560] And it didn't give me any notice that they were doing so. [01:57:47.560 --> 01:57:48.960] They can't pick it up. [01:57:48.960 --> 01:57:53.600] Well, I know that, but apparently they don't. [01:57:53.600 --> 01:58:00.800] And then I got surrounded by some sheriff's deputies who wanted to grab me and take me [01:58:00.800 --> 01:58:06.160] from the courthouse in front of the court clerk's office and take me over to their jail [01:58:06.160 --> 01:58:07.160] house. [01:58:07.160 --> 01:58:10.760] They booked me in there and it took several hours. [01:58:10.760 --> 01:58:14.600] How many dollars a minute did you say it is that I can get from them for that? [01:58:14.600 --> 01:58:23.680] Twenty-two thousand on the, what's his name, I forget his name, Quahlek, we're out of time. [01:58:23.680 --> 01:58:24.680] That's all right. [01:58:24.680 --> 01:58:27.160] We definitely want to talk about this next week. [01:58:27.160 --> 01:58:29.360] There'll be a lot more to talk about by next week. [01:58:29.360 --> 01:58:30.360] Oh my goodness. [01:58:30.360 --> 01:58:32.800] Hey, your wife was a firecracker. [01:58:32.800 --> 01:58:35.520] Oh, she almost got herself arrested. [01:58:35.520 --> 01:58:38.280] I know they're going to wish they hadn't messed with her. [01:58:38.280 --> 01:58:42.280] They wouldn't take her criminal complaints and now they're going to learn. [01:58:42.280 --> 01:58:43.280] I was online. [01:58:43.280 --> 01:58:44.280] Okay. [01:58:44.280 --> 01:58:46.280] Thank you all for listening. [01:58:46.280 --> 01:58:50.560] Good night. [01:58:50.560 --> 01:58:56.080] Bibles for America is offering absolutely free, a unique study Bible called the New [01:58:56.080 --> 01:58:57.820] Testament recovery version. [01:58:57.820 --> 01:59:02.800] The New Testament recovery version has over 9,000 footnotes that explain what the Bible [01:59:02.800 --> 01:59:08.360] says verse by verse, helping you to know God and to know the meaning of life. [01:59:08.360 --> 01:59:11.760] Order your free copy today from Bibles for America. [01:59:11.760 --> 01:59:20.720] Call us toll free at 888-551-0102 or visit us online at bfa.org. [01:59:20.720 --> 01:59:26.260] This translation is highly accurate and it comes with over 13,000 cross references, plus [01:59:26.260 --> 01:59:30.280] charts and maps and an outline for every book of the Bible. [01:59:30.280 --> 01:59:32.820] This is truly a Bible you can understand. 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