[00:00.000 --> 00:10.040]  The world's largest ice sheet has started to melt along its coastal fringes, raising
[00:10.040 --> 00:14.780]  fears that global sea levels will rise faster than scientists expected.
[00:14.780 --> 00:19.940]  The East Antarctic Ice Sheet, which makes up three-quarters of the continent's 8,000 square
[00:19.940 --> 00:24.740]  miles, is losing 57 billion tons of ice a year.
[00:24.740 --> 00:30.440]  Respected militants set off two bombs outside a police station in India's northeast Sunday,
[00:30.440 --> 00:34.400]  killing seven people and wounding more than 50.
[00:34.400 --> 00:39.840]  More than 10,000 people have died in separatist violence over the past decade.
[00:39.840 --> 00:46.640]  India has urged the West to give up eating beef to reduce greenhouse gas emissions responsible
[00:46.640 --> 00:48.120]  for global warming.
[00:48.120 --> 00:55.360]  According to the UN Food and Agriculture Organization, livestock is responsible for 18% of the Earth's
[00:55.360 --> 01:01.760]  greenhouse gas emissions.
[01:01.760 --> 01:07.360]  The Senate voted Saturday to proceed with debate on a health care reform bill.
[01:07.360 --> 01:11.880]  Democrats and independents voted in favor of the motion, while every Republican voted
[01:11.880 --> 01:13.380]  against it.
[01:13.380 --> 01:19.200]  Senate Majority Leader Harry Reid urged Republicans to support debate of the bill, arguing that
[01:19.200 --> 01:24.920]  the framers of the Constitution didn't intend for the rules to limit a healthy debate.
[01:24.920 --> 01:31.160]  Reid said, our plan saves lives, saves money, and saves Medicare.
[01:31.160 --> 01:35.720]  Senator Christopher Dodd said everyone should have the right to quality health care and
[01:35.720 --> 01:40.520]  that this bill will move us down the path to health care for all Americans.
[01:40.520 --> 01:46.520]  Senator Sherrod Brown said, this bill will cut our nation's deficit by $130 billion
[01:46.520 --> 01:49.400]  in the first 10 years and will preserve Medicare.
[01:49.400 --> 01:56.040]  It will help keep the insurance industry honest and drive down premiums by injecting competition
[01:56.040 --> 01:58.240]  through a strong public option.
[01:58.240 --> 02:01.440]  The Senate will begin debate after the Thanksgiving recess.
[02:01.440 --> 02:06.320]  This news brief brought to you by the International News Net.
[02:06.320 --> 02:12.280]  In Detroit, abandoned corpses in white body bags with number tags tied to each toe lie
[02:12.280 --> 02:19.120]  one above the other on steel racks inside a giant freezer in the city's central morgue.
[02:19.120 --> 02:23.640]  Some have lain there for years, but in recent months, the number of unclaimed bodies has
[02:23.640 --> 02:29.480]  reached a record high, for in this city, many cannot even afford to bury their dead.
[02:29.480 --> 02:35.040]  Detroit has an unemployment rate of 28 percent, higher even than the worst years of the Great
[02:35.040 --> 02:36.400]  Depression.
[02:36.400 --> 02:38.160]  The murder rate is soaring.
[02:38.160 --> 02:40.720]  The school system is in receivership.
[02:40.720 --> 02:46.800]  The city's treasury is $300 million short of the funds needed to provide the most basic
[02:46.800 --> 02:47.800]  services.
[02:47.800 --> 02:53.560]  In its post-war heyday, Detroit had a population of 1.85 million people.
[02:53.560 --> 02:56.680]  Today just over 900,000 remain.
[02:56.680 --> 02:59.840]  Detroit was once America's fourth largest city.
[02:59.840 --> 03:10.000]  Today it ranks 11th.
[03:10.000 --> 03:32.840]  Afghanistan, the capital of the United States, feels first for itself.
[03:32.840 --> 03:44.840]  Tell me, what you gonna do, what you gonna do, yeah
[03:44.840 --> 03:50.840]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[03:50.840 --> 03:55.840]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[03:55.840 --> 03:58.840]  When you were eight and you had bad traits
[03:58.840 --> 04:01.840]  You'd go to school and learn the golden rules
[04:01.840 --> 04:04.840]  So why are you acting like a bloody fool
[04:04.840 --> 04:06.840]  If you get cocked then you must get cooed
[04:06.840 --> 04:12.840]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[04:12.840 --> 04:17.840]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[04:17.840 --> 04:20.840]  You took it on that one, you took it on this one
[04:20.840 --> 04:22.840]  You took it on your mother and you took it on your mother
[04:22.840 --> 04:24.840]  Alright, this is the rule of law
[04:24.840 --> 04:27.840]  Randy Kelton and Deborah Stevens
[04:27.840 --> 04:32.840]  Tonight, Eddie Craig has the night off
[04:32.840 --> 04:35.840]  However, we have a very special guest
[04:35.840 --> 04:38.840]  We've got Harlan from Brave New Books
[04:38.840 --> 04:41.840]  Harlan, thanks for joining us tonight
[04:41.840 --> 04:43.840]  Oh, thanks for having me on, Deborah
[04:43.840 --> 04:44.840]  It's good to be with you guys tonight
[04:44.840 --> 04:45.840]  Oh, thank you
[04:45.840 --> 04:51.840]  Harlan is going to give us an update on the response from the community
[04:51.840 --> 04:54.840]  regarding the situation of the micros
[04:54.840 --> 04:56.840]  Harlan, so how's it been going?
[04:56.840 --> 04:59.840]  Has there been a lot of people coming in?
[04:59.840 --> 05:01.840]  Deborah, the response is overwhelming
[05:01.840 --> 05:05.840]  There's been tons of new people coming in and handing in form letters
[05:05.840 --> 05:08.840]  that they've handwritten, some on notebook paper
[05:08.840 --> 05:11.840]  Some that are here at the bookstore for people to sign
[05:11.840 --> 05:13.840]  They've been signing them
[05:13.840 --> 05:18.840]  And really probably over 120 letters so far have been dropped off at the bookstore
[05:18.840 --> 05:20.840]  So this is a great start
[05:20.840 --> 05:23.840]  We want to encourage more people to come out and sign more letters
[05:23.840 --> 05:27.840]  and write their own letters and send them into the bookstore
[05:27.840 --> 05:32.840]  I've gotten several from even outside of Austin sent in via mail
[05:32.840 --> 05:36.840]  And it's really moving to see all the people come together
[05:36.840 --> 05:41.840]  I think this is a time where we have to stand up for freedom of speech
[05:41.840 --> 05:44.840]  and for freedom of information
[05:44.840 --> 05:49.840]  So this is an important cause for everybody to get behind
[05:49.840 --> 05:51.840]  Just because it's been a great success so far
[05:51.840 --> 05:54.840]  People coming in and handing in letters doesn't mean it should stop
[05:54.840 --> 05:56.840]  The momentum should just keep going
[05:56.840 --> 06:01.840]  If you enjoyed 90.1, I really want to encourage people to come down and show their support
[06:01.840 --> 06:07.840]  Thank you, Harlan, and thanks for helping us with the cause to receive the letters
[06:07.840 --> 06:13.840]  And folks, you can download the form letters from ruleoflawradio.com
[06:13.840 --> 06:15.840]  We've written up a form letter
[06:15.840 --> 06:18.840]  You can also write in your own additional comments
[06:18.840 --> 06:24.840]  You can mail them or drop them off at Brave New Books, 904 Guadalupe Suite B
[06:24.840 --> 06:27.840]  That's Austin, Texas, 78705
[06:27.840 --> 06:31.840]  And please put attention, Austin Micro's 90.1
[06:31.840 --> 06:36.840]  so that Harlan will know where to sort those particular letters to
[06:36.840 --> 06:39.840]  And it really is important that we get these letters
[06:39.840 --> 06:43.840]  Not emails, we need letters, we need paper
[06:43.840 --> 06:46.840]  We need the physical paper, we need people to sign them
[06:46.840 --> 06:49.840]  And you have to use a real name and address and all that kind of thing
[06:49.840 --> 06:54.840]  We need to show the FCC that we are serving the public interest
[06:54.840 --> 07:02.840]  And I think it's an incredible response that we've gotten, you know, 120-some-odd letters in only a couple of days
[07:02.840 --> 07:08.840]  Because generally that represents about 1% of the support of the entire community
[07:08.840 --> 07:14.840]  But we really need the letters and we need the donations, too, to help with the future court costs
[07:14.840 --> 07:18.840]  So we've got strategies in the works, we've got lawsuits filed
[07:18.840 --> 07:23.840]  We've got restraining orders filed, petitions for restraining orders
[07:23.840 --> 07:28.840]  We're going to be filing liens on these people's bonds
[07:28.840 --> 07:31.840]  And we already know one of them doesn't have a note of office
[07:31.840 --> 07:34.840]  And so, Harlan, we really appreciate it
[07:34.840 --> 07:39.840]  And so have you gotten any new faces coming out to the store from this?
[07:39.840 --> 07:43.840]  Yes, I have. I've seen quite a number of new faces
[07:43.840 --> 07:52.840]  So this is a sign that, you know, there are a lot of people out there that listen to 90.1 that don't necessarily shop at Brave New Books
[07:52.840 --> 08:00.840]  So, you know, the radio station is beloved by many
[08:00.840 --> 08:04.840]  And it's great to get people down here to see the bookstore, too
[08:04.840 --> 08:08.840]  For a lot of people, it may have been their first time to actually come to the bookstore
[08:08.840 --> 08:12.840]  And I wish it would have been under better circumstances that they came, but they came nonetheless
[08:12.840 --> 08:17.840]  And so it's good to see a lot of people coming out and standing up
[08:17.840 --> 08:23.840]  Because this really is an attack on us for what we believe
[08:23.840 --> 08:31.840]  I wholeheartedly believe that if it was another transmitter that was doing mainstream news all the time
[08:31.840 --> 08:37.840]  And talking about the latest, greatest fad of Obama, it probably wouldn't be in this kind of situation
[08:37.840 --> 08:41.840]  It probably would have turned the blind eye to it
[08:41.840 --> 08:47.840]  But it's because of us and it's because of what we believe that, you know, that the transmitters are being attacked
[08:47.840 --> 08:52.840]  So I think at the time that we all have to sort of stand up together as free people
[08:52.840 --> 08:55.840]  And show that we're not going to be pushed around like this
[08:55.840 --> 09:02.840]  Especially when the FCC has no jurisdiction in regulating these interstate transmitters
[09:02.840 --> 09:04.840]  It's pretty ridiculous
[09:04.840 --> 09:15.840]  So are we going to stand up together or are we going to just let an unconstitutional regulatory body push us around?
[09:15.840 --> 09:21.840]  So, you know, I mean, primarily it's the people that put up the transmitters who are at risk
[09:21.840 --> 09:25.840]  And we all have to be aware that they're putting themselves in real harm's way
[09:25.840 --> 09:29.840]  And they have serious consequences potentially for them
[09:29.840 --> 09:38.840]  So we all have to sort of help and pray for these people and also, you know, but it's an attack on all of us
[09:38.840 --> 09:42.840]  So we all have to come together for this
[09:42.840 --> 09:44.840]  And I think a lot of people have really shown that
[09:44.840 --> 09:51.840]  And if you haven't been down to sign a letter yet, I really want to encourage you to come down to do that
[09:51.840 --> 09:54.840]  Or to download it from Rule of Law Radio and send it in
[09:54.840 --> 10:01.840]  And so we can collect more and more to show that there is a case to be made that this is serving the public interest
[10:01.840 --> 10:05.840]  You know, there's so many radio stations out there, so many commercial radio stations out there
[10:05.840 --> 10:10.840]  There's no way that they serve the public interest truly and meaningfully
[10:10.840 --> 10:12.840]  But they're issued licenses for it
[10:12.840 --> 10:22.840]  And, you know, it's a slap in the face to a radio that actually does serve the public interest to be treated this way
[10:22.840 --> 10:32.840]  Right, this is more than just low power radio, local communication
[10:32.840 --> 10:38.840]  This is about the federal government taking ultimate control of our country
[10:38.840 --> 10:41.840]  This is one of the major inroads
[10:41.840 --> 10:46.840]  If you control the information, you control the population
[10:46.840 --> 10:54.840]  And this is a primary thrust to eliminate any control by the state
[10:54.840 --> 11:03.840]  And for the feds to come in and just run roughshod over our rights and we need to stop them here
[11:03.840 --> 11:05.840]  Absolutely
[11:05.840 --> 11:11.840]  And this is, Harlan, like you were saying, I mean, this is everyone's radio here
[11:11.840 --> 11:18.840]  I mean, the people that are putting themselves at such grave risk are not just doing this because they think it's fun, all right?
[11:18.840 --> 11:21.840]  They're doing this for the community
[11:21.840 --> 11:28.840]  And so, I mean, it's up to you, Austin, I mean, if you want this, you know, we need your support
[11:28.840 --> 11:32.840]  So please, I mean, the letters mean more than anything right now
[11:32.840 --> 11:39.840]  I mean, the money, definitely, we need it for the court costs and future potential travel expenses
[11:39.840 --> 11:43.840]  And, you know, fines for the ones that are involved and things like that
[11:43.840 --> 11:51.840]  But we really need to show that there is outpouring from the community support of this radio
[11:51.840 --> 11:56.840]  And, you know, I really appreciate what's happened so far
[11:56.840 --> 12:05.840]  And, Harlan, you know, I just, I wanted you also to tell a little bit about what's been happening at the bookstore recently
[12:05.840 --> 12:11.840]  What kind of events and, you know, because this is all about the community, you know, not just the radio but the bookstore
[12:11.840 --> 12:16.840]  I mean, we have to have not only something to listen to when we're driving in our cars and such
[12:16.840 --> 12:26.840]  But also a place to meet and mingle and have the humanization and that sort of thing, as John Bush puts it
[12:26.840 --> 12:31.840]  Yeah, well, I mean, it's where it all goes together, doesn't it?
[12:31.840 --> 12:41.840]  I mean, when we first started the bookstore, it was important for us to seek out some of the Radio Free Austin people
[12:41.840 --> 12:49.840]  And the people running the radio because the only way people were going to know about us was if we were able to get up on the radio
[12:49.840 --> 12:59.840]  And, thankfully, there were, you know, they made allowances for that and we befriended them
[12:59.840 --> 13:02.840]  And that's how Austin got to know the bookstore was through the radio
[13:02.840 --> 13:10.840]  So we are very supportive of the efforts of the transmitters here in town
[13:10.840 --> 13:18.840]  And we understand that we wouldn't be able to be here if it wasn't for these people taking these risks early on
[13:18.840 --> 13:25.840]  So it's definitely something that we are, you know, grateful for
[13:25.840 --> 13:33.840]  And, you know, it's great because we can broadcast PSAs about some of the events here at the bookstore
[13:33.840 --> 13:41.840]  We've had several good events recently, but there is a really good event coming up that hopefully we can get the community out for
[13:41.840 --> 13:51.840]  We're having the legendary Geobert Griffin come to town and he'll be here in Austin on December 10th
[13:51.840 --> 14:00.840]  And we'll have him across the street from the bookstore actually at the AT&T Conference Center, Executive Conference Center
[14:00.840 --> 14:03.840]  And that will be at 7 o'clock on December 10th
[14:03.840 --> 14:10.840]  So it's a new event that I just was able to sort of lock down yesterday, or I'm sorry, today
[14:10.840 --> 14:16.840]  And this is going to be a real experience for everybody
[14:16.840 --> 14:22.840]  He's going to give a lecture on his famous book, Creature from Jekyll Island, but he calls it the final chapter
[14:22.840 --> 14:27.840]  So it's putting that book in context of what's going on today in the economic crisis
[14:27.840 --> 14:31.840]  So I think it's a good event that everybody needs to come out and hear
[14:31.840 --> 14:38.840]  And actually I would recommend that people get people, close friends and family that may be on the fence
[14:38.840 --> 14:43.840]  Or skeptical of a lot of this and bring them in because he is truly a scholar and a gentleman
[14:43.840 --> 14:46.840]  And I think people will be blown away by his presentation
[14:46.840 --> 14:53.840]  So it could benefit everybody if they bring some friends and family who might be unsure about a lot of this
[14:53.840 --> 14:55.840]  I think it would be a great introductory event
[14:55.840 --> 14:59.840]  And so that's going to be December 10th at 7 o'clock
[14:59.840 --> 15:01.840]  So look forward to that
[15:01.840 --> 15:06.840]  And there will probably be some other events coming up too
[15:06.840 --> 15:13.840]  But we are really grateful for the ability to be friends with the transmitters
[15:13.840 --> 15:19.840]  And be able to use them to help spread the message about the bookstore
[15:19.840 --> 15:21.840]  So we're all in it together
[15:21.840 --> 15:24.840]  You hang together or you hang separately has been frequent
[15:24.840 --> 15:27.840]  Well, we're thankful for you too, Harlan
[15:27.840 --> 15:30.840]  I mean, like you were saying, people putting out risks early on
[15:30.840 --> 15:37.840]  I mean, you and your partner, you guys threw down from way back to set up this bookstore
[15:37.840 --> 15:42.840]  I mean, it's not cheap setting up an enterprise like that
[15:42.840 --> 15:46.840]  I mean, you've got to rent the space, there's capital, you've got to buy all this equipment
[15:46.840 --> 15:50.840]  You've got to buy all the books and the advertising and the promotions
[15:50.840 --> 15:53.840]  So I mean, you guys have been there for the community as well
[15:53.840 --> 15:55.840]  And we all really appreciate that
[15:55.840 --> 16:00.840]  Oh yeah, well, you know, it wouldn't be fun if it wasn't risky, right?
[16:00.840 --> 16:02.840]  That's the only way to live
[16:02.840 --> 16:06.840]  But it's been a tremendous success so far
[16:06.840 --> 16:10.840]  Just as far as being able to learn and be around people to learn from
[16:10.840 --> 16:16.840]  So we may have not made our money back economically or financially
[16:16.840 --> 16:22.840]  But we definitely made it back in knowledge and experience
[16:22.840 --> 16:29.840]  And we've gotten to know a lot of people, so it's been an enriching endeavor all around
[16:29.840 --> 16:32.840]  And certainly meeting all these wonderful people
[16:32.840 --> 16:34.840]  Yeah, absolutely
[16:34.840 --> 16:37.840]  That's some of the greatest people in the world here at the bookstore
[16:37.840 --> 16:43.840]  Absolutely, go to Brave New Books, 1904 Guadeloupe, Suite B, downstairs under the Chase Building
[16:43.840 --> 16:46.840]  Alright, well, Harlan, thanks for joining us tonight, we really appreciate it
[16:46.840 --> 16:49.840]  No problem, Debra, keep up the good work, keep fighting
[16:49.840 --> 16:50.840]  You too
[16:50.840 --> 16:53.840]  We'll keep collecting those letters and donations here at the bookstore
[16:53.840 --> 16:54.840]  Alright, thanks
[16:54.840 --> 17:20.840]  Alright
[17:24.840 --> 17:28.840]  We are prepared to appeal all the way to the U.S. Supreme Court
[17:28.840 --> 17:35.840]  Now is the time to kick our Serving the Public Interest letter campaign into high gear to go viral
[17:35.840 --> 17:38.840]  So we can build as strong a case as possible
[17:38.840 --> 17:44.840]  We need your donations to cover future court costs, travel expenses, and possible fines as well
[17:44.840 --> 17:48.840]  Please go to ruleoflawradio.com to download the letter and donate
[17:48.840 --> 17:52.840]  Or stop by Brave New Books at 1904 Guadeloupe, Suite B
[17:52.840 --> 17:55.840]  Thank you, Austin, and please continue your support
[18:22.840 --> 18:24.840]  Look what we get
[18:24.840 --> 18:27.840]  And they don't have an answer
[18:27.840 --> 18:29.840]  And so they sleep inside
[18:29.840 --> 18:33.840]  I can't go to sleep and see, Lord, how the war will turn, take it easy
[18:33.840 --> 18:38.840]  Them I can't wait to politically end them, get them mad and angry
[18:38.840 --> 18:43.840]  Get them not standing up and fighting, fight for their freedom and be free
[18:43.840 --> 18:48.840]  And they like them love slavery and get handouts from the government
[18:48.840 --> 18:49.840]  Look what we get
[18:49.840 --> 18:52.840]  And they don't have an answer
[18:52.840 --> 18:54.840]  And so they sleep inside
[18:54.840 --> 18:59.840]  I can't go to sleep and see, Lord, how the war will turn, take it easy
[18:59.840 --> 19:04.840]  Them I can't wait to politically end them, get them mad and angry
[19:04.840 --> 19:09.840]  Get them not standing up and fighting, fight for their freedom and be free
[19:09.840 --> 19:14.840]  And they like them love slavery and get handouts from the government
[19:14.840 --> 19:16.840]  Look what we get
[19:16.840 --> 19:26.840]  Yes, for a long time I've been hearing people talk about this, especially when we're dealing with real estate issues
[19:26.840 --> 19:30.840]  They want to know who the holder in due course is
[19:30.840 --> 19:45.840]  And it frustrates me when I hear people talking about these magic tricks they've got to make all your problems go away
[19:45.840 --> 19:48.840]  They always worry me
[19:48.840 --> 19:55.840]  And these guys in the RESPA letters, they always want to know who the holder in due course is
[19:55.840 --> 20:08.840]  Well, I've been doing a considerable amount of research on the Truth in Lending Act, the Real Estate Settlement Procedures Act, and HOPA
[20:08.840 --> 20:10.840]  I forget what HOPA was
[20:10.840 --> 20:19.840]  Anyway, they're all part of the same thing, they're all amendments to the Real Estate Settlement Procedures Act, Regulation Z
[20:19.840 --> 20:24.840]  And I've heard people talking about holder in due course
[20:24.840 --> 20:33.840]  What we're looking at doing is finding out who the person is who actually owns the security instrument
[20:33.840 --> 20:43.840]  Because when you do a loan, the mortgage company that writes the loan almost immediately sells the note
[20:43.840 --> 20:46.840]  And we're finding that creates a problem
[20:46.840 --> 20:55.840]  And one of the things everybody wants to know is who is the one holding the note, and they're calling in the holder in due course
[20:55.840 --> 21:09.840]  I was reading the Trade Commission rules, there was a section on holder in due course, I came across it in Bender's Federal Practice
[21:09.840 --> 21:13.840]  And found out something interesting about a holder in due course
[21:13.840 --> 21:23.840]  If we're dealing with a real estate consumer loan, if you read Regulation H
[21:23.840 --> 21:28.840]  I was reading through it and I came to this section that said
[21:28.840 --> 21:43.840]  Actually, each section concerning the consumer loans said this section does not apply to residential mortgages, reverse mortgages, and something else
[21:43.840 --> 21:46.840]  I didn't remember what it was
[21:46.840 --> 21:49.840]  It didn't apply to residential mortgages
[21:49.840 --> 21:57.840]  I thought, what is going on here, and it took a while to figure out what a residential mortgage was
[21:57.840 --> 22:06.840]  As opposed to a mortgage on a residential home that Regulation Z applied to
[22:06.840 --> 22:21.840]  The difference is, a residential mortgage is a mortgage on a single or multiple family resident, up to four family residents
[22:21.840 --> 22:43.840]  Those mortgages on single family residences that fall under Regulation Z are those mortgages that are lent to a consumer, a person who will actually live in the property
[22:43.840 --> 22:58.840]  If you buy a residential home for investment, Truth in Lending Act, HOPA, RESPA, Real Estate Settlement Procedures Act does not apply
[22:58.840 --> 23:08.840]  It only applies if you're buying a residence that you're going to live in, you're consuming the residence by living in it
[23:08.840 --> 23:17.840]  These statutes apply to all consumer loans if you purchase a car to drive
[23:17.840 --> 23:24.840]  If you buy a car to lease out to somebody else, it doesn't apply, but if you purchase a car for your own use, that's a consumer loan
[23:24.840 --> 23:33.840]  If you buy goods or services for your own use, that's a consumer loan, and Truth in Lending and all these apply
[23:33.840 --> 23:46.840]  So in speaking to this, if you are talking about a consumer loan, there is no such thing as a holder-in-due course
[23:46.840 --> 23:56.840]  Because this is what a holder-in-due course is. I'm going to go to Wikipedia, if I can still find it
[23:56.840 --> 24:05.840]  A holder-in-due course. Now this is the definition from Wikipedia
[24:05.840 --> 24:21.840]  A holder-in-due course is a person who takes a negotiable instrument, such as a promissory note, for value without knowledge of any apparent defect in the instrument, nor any notice of dishonor
[24:21.840 --> 24:34.840]  Okay, Black's Law Dictionary, second pocket edition, status as a holder-in-due course is an affirmative defense against all legal claims the debtor may have against the original creditor
[24:34.840 --> 24:45.840]  In other words, a holder-in-due course does not become responsible for the original creditor's alleged misdeeds in the original credit transaction
[24:45.840 --> 24:57.840]  In a consumer loan, there is and can be, there is not and can not be a holder-in-due course
[24:57.840 --> 25:05.840]  Because of the Federal Trade Commission's holder-in-due course rule
[25:05.840 --> 25:15.840]  But let me go down and read this, something else in here that I wanted to read that referred to the Uniform Commercial Code
[25:15.840 --> 25:25.840]  When a holder-in-due course is by a negotiable instrument without notice of a defect to the instrument, such as a lien on it or a fraudulent inducement
[25:25.840 --> 25:35.840]  The holder-in-due courses take good title unless there is a so-called real defense, such as a lack of capacity or fraud in the factum, a forged signature
[25:35.840 --> 25:49.840]  Persons with a claim against the seller of goods who took a promissory note for the purchase price may have a cause of action against the seller of the goods who sold the negotiable instrument to the holder-in-due course
[25:49.840 --> 25:57.840]  But they are unable to assert that claim as a defense to the holder-in-due course's suit for payment
[25:57.840 --> 26:11.840]  Most states in the United States have ratified the Uniform Commercial Code, 3-302 and HDC and 3-305, to protect the holder-in-due course from claims by other parties
[26:11.840 --> 26:20.840]  I was going to read you, this is the first time I've come across the commercial code referenced in any of this stuff
[26:20.840 --> 26:29.840]  3-305, defenses and claims in recoupment, claims in consumer transaction, except as otherwise provided in this section
[26:29.840 --> 26:43.840]  The right to enforce the obligation of a party to pay an instrument is subject to the following, a defense of the obligator based on infancy of the obligator to the extent it is a defense to a single contract
[26:43.840 --> 26:59.840]  duress, lack of legal capacity or illegality of the transaction which under other law nullifies the obligation of the obligator, obligor, something like that
[26:59.840 --> 27:13.840]  A defense of the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms or discharge of the obligor in insolvency proceedings
[27:13.840 --> 27:28.840]  A defense of the obligor stated in another section of this article or a defense of the obligor that would be available if the person entitled to enforce the instrument were enforcing a right to payment under a simple contract
[27:28.840 --> 27:39.840]  The reason I read this is in reading the regulation Z, it reads pretty much like this
[27:39.840 --> 27:51.840]  It's saying that if you enter into a contract and there's fraud in the contract, then you have standing to object to the contract
[27:51.840 --> 28:10.840]  The problem with that, it was, is that you only have standing to object to that or attack the contract if the contract is still held by the person you sold that you entered into the contract with
[28:10.840 --> 28:22.840]  If he has sold it to someone else under uniform commercial code, then you don't have a claim on the second party because he's a holder in due course
[28:22.840 --> 28:29.840]  And the Federal Trade Commission recognized this as a very serious problem
[28:29.840 --> 28:49.840]  And here I'm reading from Matthew Bender and Company, this is Bender's Federal Practice, this is like an encyclopedia like American Jurisprudence or Texas Juris Secundum
[28:49.840 --> 29:07.840]  Okay, they talk about in here how the holder in due course rule became a problem because lenders would use improper and predatory lending practices
[29:07.840 --> 29:18.840]  They would improperly induce someone into entering into a mortgage and then they'd sell that mortgage right away
[29:18.840 --> 29:30.840]  And now the lender has no recourse to go to if he can't pay the loan because he was induced into a loan that was more than he could pay
[29:30.840 --> 29:39.840]  He has no recourse, he has to pay it anyway because the holder in due course can enforce their promissory note
[29:39.840 --> 29:45.840]  And since we come back, I will read the code where it changes all that
[29:45.840 --> 29:55.840]  All right, very well, and we have a caller on the board, callers if you'd like to call in 512-646-1984, we'll be right back
[30:15.840 --> 30:19.840]  By bringing truthful news and information that no other station does
[30:19.840 --> 30:25.840]  Brave New Books is not associated with the Austin Micro, but they have agreed to help by collecting your letters
[30:25.840 --> 30:38.840]  Please drop off or mail your letters to Brave New Books, attention Austin Micro's 90.1, 1904 Guadalupe, Suite B, Austin, Texas 78705
[30:38.840 --> 30:47.840]  There are also form letters at the bookstore that folks can just sign, please help keep 90.1 on the air by getting your letters to Brave New Books as soon as possible
[30:47.840 --> 30:56.840]  Let the FCC know that 90.1 serves the public interest by bringing truthful news and information that can't be found anywhere else
[30:56.840 --> 31:11.840]  Yeah, I got a warrant and I'm gonna solve them to the end, government them, prosecute them, okay?
[31:11.840 --> 31:26.840]  Oh, sorry.
[31:26.840 --> 31:41.840]  I'm not a prosecutor to come and help me, prosecute them wicked leaders, you see, they're all liars, them tell me, them are liars, they tell sick stories, you don't believe me, say what them tell me, 3% of Americans vote for Bush
[31:41.840 --> 31:50.840]  So how do you get the president to come? That's why I have a warrant for him, everybody listen carefully, listen to the words that need to be used,
[31:50.840 --> 32:09.840]  That's why I have a warrant for Mr. Bush, I have a warrant for Mr. Bush
[32:09.840 --> 32:22.840]  Well, we don't forget Rumsfield, warrant for him, Aldrich Cheney, warrant for him, fight about the citizens in the country, them getting so mad and them getting angry, we have some warrant we need to solve
[32:22.840 --> 32:39.840]  We need a prosecutor to come and help me, prosecutor from any state will do, come over and let me show them too, hear them tell you, tell you, 3 shoes, that's the truth, that is truth, there is Silverstein, you get the citizens arrested
[32:39.840 --> 32:53.840]  Silverstein and Hamilton clean, you know them and them and them to clean, everybody bring them in, so we could solve them with warranting, they're going to quarantine
[32:53.840 --> 33:12.840]  The Federal Trade Commission rules on holder in due course? Yes, holder in due course, the Federal Trade Commission found that this holder in due course policy was causing serious difficulty for unsophisticated borrowers
[33:12.840 --> 33:29.840]  That they were being led into loans that they couldn't afford and induced to enter loans without full knowledge and once the mortgage company sold the note, it left the lender without recourse
[33:29.840 --> 33:46.840]  So back in 1976 they passed new rulings, and the rule, okay let me read this from vendors, the rule is applicable to a consumer credit contract, that's why I explained what a consumer credit contract is
[33:46.840 --> 34:00.840]  And this goes to any consumer credit contract, anytime you enter into a loan agreement for goods or services you will use yourself, will consume yourself, this applies
[34:00.840 --> 34:18.840]  A consumer credit contract defined by the Federal Trade Commission as an instrument that evidences or embodies a debt arising from a purchase money loan or a financed sale, a purchase money loan is any cash advance made by a creditor to a consumer for a finance charge
[34:18.840 --> 34:32.840]  With the advance being applied to the purchase of goods or services from a seller who either refers customers to the creditor or is affiliated with the creditor by common control contract or business arrangement
[34:32.840 --> 34:54.840]  A financed sale is any sale to a consumer for which credit is extended or arranged by the seller, the Federal Trade Commission rule provides that the consumer credit contracts must contain a provision that subjects the holder to claims and defenses of the consumer
[34:54.840 --> 35:03.840]  The contract would then, under state contract law, subject any holder of the instrument to the maker's claims and defenses
[35:03.840 --> 35:22.840]  Federal Trade Commission rule, known and referred to as the holder rule, essentially strips the ultimate holder of its traditional status as a holder in due course and subjects it to any potential defenses which the purchaser might have against the seller
[35:22.840 --> 35:39.840]  The rule is addressed to the situation where a seller utilizes a procedure in financing a consumer sale that separates the buyer's duty to pay for goods or services from the seller's reciprocal duty to perform as promised
[35:39.840 --> 35:49.840]  The holder rule notifies all potential holders that, if they accept an assignment, they will be stepping into the seller's shoes
[35:49.840 --> 36:14.840]  The Federal Trade Commission holder rule requires that there be a stipulation in the contract notifying the purchaser of the security instrument that they are liable for any improprieties on part of the seller
[36:14.840 --> 36:33.840]  I've looked through a number of security instruments for consumer residential properties. I have never once seen that notice
[36:33.840 --> 36:52.840]  And this goes to big time fraud. It's part of the issue that we were bringing is we had Paul on and he talked about how these notes are bundled together into a pool and sold out
[36:52.840 --> 37:13.840]  And I talked about how, back in the 80s at least, most of the loans made were good loans. They're made to people who are either buying a small house that they can afford or they've been in a house for 15, 20 years, got a lot of equity in it
[37:13.840 --> 37:31.840]  They sell that house, they buy another house, and they have a lot of money to put down. So they have a major investment already in the property and it puts them in good standing so they get a lower total amount of the loan and a better interest rate
[37:31.840 --> 37:51.840]  So the person writing the, doing the loan doesn't make near as much profit. They make a lot more profit on the subprime loans, on the loans to the people that really shouldn't be buying a house that costs this much money because they can't afford to pay for it
[37:51.840 --> 38:05.840]  But in the late 80s and early 90s, the government took off four primary restrictions to lenders and essentially unleashed the money changers on us
[38:05.840 --> 38:26.840]  So it was profitable for these lenders to make loans to anybody that walked in the door and they could take the pool that still contained a great amount of good loans and seed them with bad loans because the purchaser of the notes expected a certain failure rate
[38:26.840 --> 38:49.840]  So if they had a lot of really good performing loans, they would write some really garbage loans on which they make good money and seed the pool with the bad loans. When I was talking to Paul about it, he said, well, that was right. In the 80s, they would expect 8-10% failure rate
[38:49.840 --> 39:02.840]  But by the late 90s, early 2000, the lenders were seeding these with up to 50% and now they're up to 80%
[39:02.840 --> 39:23.840]  It was absolute total knowing fraud, but they did not put that warning in the contracts because they did not want the purchaser of these notes being aware that they would be held responsible for what the lenders do
[39:23.840 --> 39:42.840]  And for instance, he was talking about the note on his property. It's held by an investment group in England and they weren't necessarily familiar with the technicalities of real estate law in the United States because they're just investors
[39:42.840 --> 40:04.840]  And what we're looking to do in order to help people negotiate better terms on either refinancing their note or getting a better deal from the mortgage company
[40:04.840 --> 40:15.840]  The first thing we want to do is file a tort letter against the person who's the current owner of the note
[40:15.840 --> 40:36.840]  And when the current owner of the note gets a tort letter telling them about all the crapola that the mortgage company pulled and claiming that you are the present owner and you are receiving unjust enrichment based on a fraudulent contract
[40:36.840 --> 40:56.840]  And we're going to sue you for it. They're going to be really, really unhappy. And the idea is to get these guys to come back to the mortgage company and say, yo bubba, what is going on here?
[40:56.840 --> 41:08.840]  I bought 10,000 notes from you. Now I got someone going to sue me personally because I'm holding your note. Am I going to get sued on all of them?
[41:08.840 --> 41:27.840]  And we give the mortgage company real good reason to play. Let's make a deal and give you a good modification or in some cases they're bad enough that you could possibly make the mortgage go away altogether
[41:27.840 --> 41:43.840]  Well, does this sound like fun or what? I just ran a note in looking at what these guys are doing. It was a hundred and eight thousand dollar note
[41:43.840 --> 42:00.840]  When the mortgage company initiates the note, they can charge an origination fee and that origination fee cannot exceed one percent of the face amount of the note
[42:00.840 --> 42:15.840]  I was looking at this one. This is a hundred and eight thousand dollar note. The interest is nine point nine percent. And sometimes they call it origination fee. Sometimes they call it a long discount
[42:15.840 --> 42:34.840]  Well, you certainly don't get the discount as in this case it was six thousand four hundred and thirty one dollars. According to Real Estate Settlement Procedures Act, it cannot exceed one percent of the note, which is one thousand and eight dollars
[42:34.840 --> 42:50.840]  So I did the math, took the five thousand four hundred and twenty four dollars, twenty three dollars and subtracted that from the first payment or from the head of the note with the first payment
[42:50.840 --> 43:12.840]  So it came off the principal on the first payment and then ran the amortization over 30 years. If the person paid the full amount that they were being charged with that five thousand extra in there, they would have overpaid on that note seventy seven thousand dollars
[43:12.840 --> 43:31.840]  We find that in the note. We triple it. That's what we sue them for. Under fraud, you don't sue them for what they stole from you. You sue them for what they would have stole from you had to plan random fruition. And when we come back, there's a number of other things that we can do
[43:31.840 --> 43:33.840]  This is going to be fun
[43:33.840 --> 43:43.840]  Beating up the banksters is always fun
[43:43.840 --> 43:56.840]  Alright, we'll be right back. Callers if you'd like to call in 512-646-1984
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[45:04.840 --> 45:16.840]  If you did not have any problems, where are you gonna go for one? If you could not wait any battle too long, would your purpose test be done?
[45:16.840 --> 45:33.840]  Doctor, doctor, man, a soldier, a warrior of love, scuffling the keys of peace, all they're taking is a misunderstanding, somebody calls the police, watching the sparks fly
[45:33.840 --> 45:50.840]  Watching the sparks fly
[45:50.840 --> 46:07.840]  Okay, Randy, so what else are we gonna do to these ne'er-do-wells, these nefarious money changers, the ones that Jesus drove out of the temple with whips? Tell us, what's in store for them next?
[46:07.840 --> 46:36.840]  Well, we tend not to realize how much extra on the front end costs us on the back end. I ran another note that was $113,000 and the note itself, which wasn't included in the package that the person received at closing
[46:36.840 --> 46:45.840]  They go in there and they say, here, sign this, sign this, sign this, sign this. They sign all this stuff and then they come back and give them a copy of all this stuff they signed
[46:45.840 --> 46:54.840]  Except everything wasn't in there. The security instrument was, they signed, there was no copy of it in there
[46:54.840 --> 47:09.840]  Because had it been in there and the person looked at the truth in lending statement, the truth in lending statement said you're being, you're financing $113,000 at 6.5%
[47:09.840 --> 47:31.840]  The note said you're financing $115,000 at 6%. So I ran the two next to each other. If they paid the payment that the truth in lending statement stated they were supposed to pay
[47:31.840 --> 47:48.840]  Instead of the one that calculated out to the note, the truth in lending statement said they had to pay $740. The note said they should pay $683 a month
[47:48.840 --> 48:03.840]  So I ran them next to each other and subtracted the $683 that they should be paying from the $740 something that they were actually paying and that left $50 difference
[48:03.840 --> 48:20.840]  Well this note changed over time and it finally dropped down to $693. Well I ran the entire note this way and when I subtracted the payment that they should be paying from the payment they were actually paying
[48:20.840 --> 48:34.840]  And I took the difference and subtracted it from the backside of the note. So the next month they don't pay interest on that amount. And over a 30 year note with a half a percent extra interest
[48:34.840 --> 48:48.840]  They would have paid right at $40,000 extra on a $113,000 note. Half a percent difference
[48:48.840 --> 49:04.840]  Now there's one other thing that we get to do. In researching the truth in lending act it turns out that a violation of the act results in a penalty as opposed to a fee
[49:04.840 --> 49:22.840]  If a fee is extracted the fee is paid to the agency that assesses the fee. But penalty on the other hand goes to the other party. And violations of RESPA and TILA result in penalties
[49:22.840 --> 49:37.840]  And the court is allowed to assess between no less than $200, no more than $2,000 for each infraction. Now this is what they say about the infractions
[49:37.840 --> 49:50.840]  You may think that well you know they didn't give you this little HUD booklet they're supposed to give you. Is that really such a big deal? Well the legislature said yes it is
[49:50.840 --> 50:07.840]  Each one of these requirements is a very big deal they are intended to ensure that the lender does not take advantage of the borrower. So a violation of one of these is harm as a matter of law
[50:07.840 --> 50:25.840]  You don't have to show that the fact that they didn't give you the HUD booklet harmed you. The fact that they didn't give you the HUD booklet is harm as a matter of law because it's intended to give each one of these lenders
[50:25.840 --> 50:41.840]  Cause to abide by each one of these notice requirements on every single mortgage. So we go through and on all of these we see a number of violations. That's one violation
[50:41.840 --> 50:56.840]  There are a number of others. One real common one is you sign the note and they give you a notice that you've got three days to rescind but they file the note with the clerk the next day. That's a violation
[50:56.840 --> 51:12.840]  So there we would have two and there are a number of others that in all of these that we've ran so far there are a number of notices that they fail to comply with. For each one of those
[51:12.840 --> 51:27.840]  Oh, one other piece of information. The courts held, this was in a case where someone sued over improprieties in the note after a house had already been repossessed
[51:27.840 --> 51:47.840]  And this was in bankruptcy. The court assessed penalties but they applied it to the bankruptcy and the guy said, wait a minute, wait a minute, that shouldn't apply to the bankruptcy because it was assessed after the bankruptcy was completed
[51:47.840 --> 52:08.840]  It should come to me. And the court said no. The fine accrued at the consummation of the note. The day the note was signed all these violations accrued at that time. So if we look over a note and we find these violations
[52:08.840 --> 52:26.840]  We maintain that they accrued at the time of consummation of the note. So we assume that since these guys are really rotten scoundrels that the court would assess them the maximum fine. We knock 2000 off the head of the note for each one
[52:26.840 --> 52:43.840]  You start knocking 2000 per violation off the head of the note and then run the note and show how much extra you would wind up paying. What we maintain is, this was fraud they committed against you
[52:43.840 --> 53:01.840]  This was a penalty they owed you at that time. Had they paid you that penalty at the time they created the liability, that would have came off the head of the note. You wouldn't have had to pay this amount and the interest on this amount
[53:01.840 --> 53:17.840]  Be like the one with $108,000 and 5000 extra on the head of the note. He paid 77,000 extra over the life of the 30 year note. You start taking a couple grand of whack off the top of this thing
[53:17.840 --> 53:31.840]  You can calculate out a rather large number. Now when you claim damages, these guys out here in legal reform, they just claim some arbitrary astronomical amount
[53:31.840 --> 53:48.840]  And then they're all upset when the court throws it out. Well you need to be able to show the court how you got the numbers. So we can show they committed this violation, they're subject to a fine of up to this amount
[53:48.840 --> 54:03.840]  We took the fine of this amount, we took it off the head of the note and it calculated out to an overpayment of this amount. And since all of this constitutes fraud, we tripled that and sue them for that amount
[54:03.840 --> 54:16.840]  And we can tell them how we got this number to the penny. Now if the other side disagrees, let them argue about it. But they won't get to argue about where we got our numbers
[54:16.840 --> 54:26.840]  They might say, well they should have only charged 200 or that shouldn't have come off the head of the note, but that's a legal argument we can have in court
[54:26.840 --> 54:49.840]  When we walk in the door, we will have ourselves one very large claim against these guys. And with the political climate that exists today, no money changer wants to step into a federal court in front of a federal petit jury
[54:49.840 --> 55:09.840]  Whining about not getting their money when we just gave them 7 trillion dollars. This will give great leverage to get either a really good loan modification or someone just writing you the deed to your property and walking away from it
[55:09.840 --> 55:22.840]  Because they've stole so much from everybody that for the most part they can write off a great number of loans and still come out way ahead
[55:22.840 --> 55:36.840]  The way we beat this thing is we get a lot of people stinging them big time. And it's not about getting out paying money. It's not about beating someone out of something
[55:36.840 --> 55:52.840]  It's about my grandkids. I do not want my grandkids to be subject to this crapola. And I intend to be a good steward of this system while it's in my charge
[55:52.840 --> 56:01.840]  And these guys are taking everybody they deal with to the cleaners. We need to turn the tables off
[56:01.840 --> 56:11.840]  And we have a caller. I've been talking too much. Everybody's probably falling asleep by now. Deb, you want to take Derek from Texas?
[56:11.840 --> 56:17.840]  Yeah, let's take Derek from Texas. Derek, thanks for calling in. What's on your mind tonight?
[56:17.840 --> 56:31.840]  Hey, yeah, I was calling to see. I'm at Austin and I was trying to figure out where do I go to do an information request for bonds?
[56:31.840 --> 56:33.840]  Information request for what?
[56:33.840 --> 56:34.840]  Bonds
[56:34.840 --> 56:42.840]  Oh, okay. Generally, you go to the court clerk. Who are you looking for the bonds on?
[56:42.840 --> 56:46.840]  The lawyer
[56:46.840 --> 56:49.840]  I'm having trouble understanding you
[56:49.840 --> 56:52.840]  A couple of lawyers
[56:52.840 --> 57:04.840]  Oh, lawyer. Okay. When you say bond, think insurance. It makes it make more sense. They only call it a bond if you're a public official
[57:04.840 --> 57:16.840]  A lawyer doesn't have just an attorney. If he's not a prosecutor, doesn't have a bond, he will have malpractice insurance
[57:16.840 --> 57:30.840]  And if you have a if you're in a fiduciary relationship with an attorney, then it's reasonable to request from him who his insurance carrier is
[57:30.840 --> 57:43.840]  If it's a case where you have a malpractice suit against the attorney, you can request the name of the insurance carrier in discovery
[57:43.840 --> 57:55.840]  Because the insurance carrier would be named as a litigant. If it is a public official, then you'd go to the clerk of the court
[57:55.840 --> 58:09.840]  If it's a county attorney, you go to the county court and district go to district court and they will have that information
[58:09.840 --> 58:11.840]  Does that answer your question?
[58:11.840 --> 58:14.840]  Not so far
[58:14.840 --> 58:21.840]  Okay, we're going to go to break and we're going to the phone lines are open if you have any questions
[58:21.840 --> 58:25.840]  I'm not going to bore you with any more real estate talk today. We'll go into something else
[58:25.840 --> 58:28.840]  Okay, Derek, do you need to hold on the line for us?
[58:28.840 --> 58:29.840]  Yes
[58:29.840 --> 58:35.840]  Okay, please hold on the line and callers call in 512-646-1984
[58:35.840 --> 58:41.840]  Talk about what's on your mind. This is your last chance to call in this week because we are taking a break for the holidays
[58:41.840 --> 58:44.840]  We will not be on the air Thursday and Friday. We're running archive
[58:44.840 --> 58:57.840]  So if you have questions, comments for us, call in. You've got one more hour to talk to us this week
[58:57.840 --> 58:59.840]  This is Debra Stevens from Rule of Law Radio
[58:59.840 --> 59:05.840]  Many of you have been helped by the news and information you've received from 90.1 here in Austin over the years
[59:05.840 --> 59:08.840]  And now 90.1 needs your help
[59:08.840 --> 59:14.840]  The operators of 90.1 are facing a long and expensive legal battle against the FCC to try to stay on the air
[59:14.840 --> 59:18.840]  As well as potentially being fined up to $20,000
[59:18.840 --> 59:21.840]  Rule of Law Radio is not associated with 90.1
[59:21.840 --> 59:26.840]  However, we have offered to help with legal matters as best we can and to pass on your donations
[59:26.840 --> 59:33.840]  Please give as generously as you can by mailing your checks to Debra Stevens, care of 90.1 Legal Fund
[59:33.840 --> 59:39.840]  1516 South Lamar, number 112 Austin, Texas 78704
[59:39.840 --> 59:44.840]  or giving through PayPal or credit card at ruleoflawradio.com
[59:44.840 --> 59:53.840]  If you have ideas or other resources you'd like to contribute, please call 512-796-4197 and leave a message
[59:53.840 --> 59:56.840]  Thank you, Austin
[59:56.840 --> 01:00:00.840]  This news brief brought to you by the International News Network
[01:00:00.840 --> 01:00:05.840]  On Iraq Sunday, 16 Iraqis were killed and 22 wounded
[01:00:05.840 --> 01:00:08.840]  A U.S. soldier was also killed
[01:00:08.840 --> 01:00:14.840]  Iraqi Vice President Hashemi has created a constitutional crisis after vetoing a law
[01:00:14.840 --> 01:00:19.840]  authorizing elections in January, bringing preparations for the vote to a halt
[01:00:19.840 --> 01:00:25.840]  Hashemi vetoed the law, saying it gives no legal representation to millions of Iraqi citizens
[01:00:25.840 --> 01:00:28.840]  living as refugees outside the nation
[01:00:28.840 --> 01:00:34.840]  Afghan President Hamid Karzai is mulling calling a lawyer Jirga or Grand Assembly
[01:00:34.840 --> 01:00:37.840]  with the Taliban leadership invited to participate
[01:00:37.840 --> 01:00:45.840]  However, the Taliban has repeatedly rejected talks insisting that so long as international forces occupy the nation
[01:00:45.840 --> 01:00:48.840]  Karzai doesn't have any real bargaining power
[01:00:51.840 --> 01:00:57.840]  In the southern Philippines, 36 people from a group of abducted politicians, family members and supporters
[01:00:57.840 --> 01:01:03.840]  were killed after 100 uniformed gunmen Monday hijacked their convoy
[01:01:03.840 --> 01:01:06.840]  At least 10 reporters were in the convoy
[01:01:06.840 --> 01:01:09.840]  Media watchdog Reporters Without Borders said
[01:01:09.840 --> 01:01:15.840]  never in the history of journalism have the news media suffered such a heavy loss of life in one day
[01:01:15.840 --> 01:01:23.840]  adding the frenzied violence of thugs working for corrupt politicians has resulted in incomprehensible bloodshed
[01:01:23.840 --> 01:01:30.840]  Victims' relatives blamed political rivals in national elections slated for May 2010
[01:01:30.840 --> 01:01:36.840]  Philippine elections are particularly violent in the south because of the presence of armed groups
[01:01:36.840 --> 01:01:42.840]  including Muslim rebels fighting for self-rule in the predominantly Roman Catholic nation
[01:01:42.840 --> 01:01:45.840]  and political warlords who maintain private armies
[01:01:45.840 --> 01:01:51.840]  A presidential adviser said Monday's massacre was unequaled in recent history
[01:01:51.840 --> 01:01:57.840]  The Muslim insurgency has killed about 120,000 people since the 1970s
[01:01:59.840 --> 01:02:08.840]  Iran Monday began the second day of aerial maneuvers warning Israeli warplanes will come tumbling down if they step out of line
[01:02:08.840 --> 01:02:15.840]  Israel's threats were repeated last week when Gabi Ashkenazi, the Israeli armed forces chief of staff
[01:02:15.840 --> 01:02:18.840]  hinted at an impending attack on Iran
[01:02:18.840 --> 01:02:24.840]  In response, Amir Ali Hajizadeh, commander of the Islamic Revolution Guards Air Force
[01:02:24.840 --> 01:02:30.840]  said one step out of line and Israeli warplanes will be completely destroyed
[01:02:30.840 --> 01:02:34.840]  Hajizadeh said even if they escape our sophisticated defense system
[01:02:34.840 --> 01:02:40.840]  they will never see their bases again because our surface-to-surface missiles are on their marks
[01:02:40.840 --> 01:02:44.840]  to target Israeli military bases before the dust settles
[01:02:44.840 --> 01:02:51.840]  Hajizadeh spoke during the biggest yet maneuvers in Iran involving all units of Iran's defense forces
[01:02:51.840 --> 01:02:56.840]  Top of the hour news brought to you by INN World Report
[01:03:00.840 --> 01:03:06.840]  You are listening to the rule of law radio network at ruleoflawradio.com
[01:03:06.840 --> 01:03:14.840]  Live free speech talk radio at its best
[01:03:36.840 --> 01:03:38.840]  Forget these people
[01:04:07.840 --> 01:04:11.840]  Okay, we are back. We're taking a call tonight
[01:04:11.840 --> 01:04:18.840]  and before we go back to the call board, if you would please, Derek, just hold on one moment
[01:04:18.840 --> 01:04:24.840]  Something was brought up to me on the break that I need to make a clarification of
[01:04:24.840 --> 01:04:30.840]  and it may seem like a fine point to some people, but it's actually a major deal
[01:04:30.840 --> 01:04:40.840]  when it comes to the lawsuit that Randy and I are building concerning the case for 90.1
[01:04:40.840 --> 01:04:48.840]  and I'm not saying anybody has meant any harm or anything nefarious or anything like that, not at all
[01:04:48.840 --> 01:04:59.840]  I just need to make a clarification that this letter-writing campaign is not a protest to the FCC
[01:04:59.840 --> 01:05:08.840]  It's not a protest about that the FCC shouldn't be involved in any kind of regulation at all
[01:05:08.840 --> 01:05:18.840]  It's not a protest to the FCC to open up the airwaves in general to micro FM broadcasters
[01:05:18.840 --> 01:05:21.840]  I mean, that's a whole other issue
[01:05:21.840 --> 01:05:27.840]  I'm not saying that the airwaves shouldn't be open to anyone who wants to broadcast
[01:05:27.840 --> 01:05:30.840]  but that's not the point
[01:05:30.840 --> 01:05:34.840]  The reason that we're doing this, and let me back up and explain here
[01:05:34.840 --> 01:05:38.840]  There are several issues at stake
[01:05:38.840 --> 01:05:44.840]  First off, we're challenging jurisdiction on many levels
[01:05:44.840 --> 01:05:49.840]  Oath of office, states' rights, all these kinds of things
[01:05:49.840 --> 01:05:51.840]  Freedom of the press, freedom of speech
[01:05:51.840 --> 01:05:54.840]  There's many levels that we are challenging jurisdiction
[01:05:54.840 --> 01:06:01.840]  I mean, we could blizzard these guys with paperwork for months, years, just on that
[01:06:01.840 --> 01:06:10.840]  In the event that the courts turn a blind eye to the blatant lack of jurisdiction that these guys have
[01:06:10.840 --> 01:06:15.840]  then we're going to have to argue the merits of the case
[01:06:15.840 --> 01:06:23.840]  which we rarely like to do, but it may be necessary in order to win
[01:06:23.840 --> 01:06:29.840]  We're going to totally exhaust every remedy possible on challenge to the jurisdiction
[01:06:29.840 --> 01:06:39.840]  but we are prepared to argue the merits of the case if necessary regarding this issue with 9.1
[01:06:39.840 --> 01:06:50.840]  If we have to argue the merits of the case, that's when the letters come in regarding serving the public interest
[01:06:50.840 --> 01:07:01.840]  The FCC is required to open the airwaves to entities that can show that they serve the public interest
[01:07:01.840 --> 01:07:08.840]  Now this is for a specific entity, a specific radio station
[01:07:08.840 --> 01:07:12.840]  All radio stations that are licensed by the FCC
[01:07:12.840 --> 01:07:19.840]  and I'm not saying that the operators of 9.1 want a license because they don't and they don't need one
[01:07:19.840 --> 01:07:24.840]  That's a whole different issue, but the whole point is
[01:07:24.840 --> 01:07:31.840]  the FCC is required to open the airwaves to entities that can prove that they serve the public interest
[01:07:31.840 --> 01:07:40.840]  and all radio stations that even attempt to deal with the FCC at all have to keep on file
[01:07:40.840 --> 01:07:46.840]  to show the FCC at any point in time to inspection
[01:07:46.840 --> 01:07:50.840]  their serving public interest file
[01:07:50.840 --> 01:07:56.840]  So I want to make it very clear what this letter writing campaign is about
[01:07:56.840 --> 01:08:06.840]  It's about filling the file for 9.1 showing that they serve the public interest
[01:08:06.840 --> 01:08:12.840]  These letters are basically open testimonial letters
[01:08:12.840 --> 01:08:14.840]  They should be written as open testimonials
[01:08:14.840 --> 01:08:19.840]  They can be written addressed to the FCC or written addressed to the radio station
[01:08:19.840 --> 01:08:23.840]  but basically they're open testimonials
[01:08:23.840 --> 01:08:31.840]  But the point is the purpose for these letters are very specific for 9.1
[01:08:31.840 --> 01:08:35.840]  to put in their file, their serving public interest file
[01:08:35.840 --> 01:08:42.840]  so that they can build their case to argue the merits in case we get railroaded
[01:08:42.840 --> 01:08:44.840]  on our challenge to the jurisdiction
[01:08:44.840 --> 01:08:50.840]  So please do not construe this campaign as a protest to the FCC
[01:08:50.840 --> 01:08:57.840]  or a blanket campaign for micro FM broadcasting in general
[01:08:57.840 --> 01:08:59.840]  because that's not what it is
[01:08:59.840 --> 01:09:01.840]  Okay, Randy, you have comments?
[01:09:01.840 --> 01:09:08.840]  Yeah, and I need letters that I can read into the court record
[01:09:08.840 --> 01:09:13.840]  and not get arrested for contempt of court
[01:09:13.840 --> 01:09:21.840]  So I know I hope a lot of you are really upset at the FCC
[01:09:21.840 --> 01:09:25.840]  but I really need letters that won't get me put in jail
[01:09:25.840 --> 01:09:27.840]  Well, see, that's why I have a form letter for download
[01:09:27.840 --> 01:09:29.840]  and people can write their own comments
[01:09:29.840 --> 01:09:32.840]  and I'll magic marker out any profanity
[01:09:32.840 --> 01:09:35.840]  I mean, we'll have to in order to enter into court record
[01:09:35.840 --> 01:09:42.840]  but please, folks, just keep in mind this is not about slamming
[01:09:42.840 --> 01:09:47.840]  or blaspheming the FCC or the government in general or some kind of protest
[01:09:47.840 --> 01:09:56.840]  This is about support of 9.1 to show any entity that may happen to be looking
[01:09:56.840 --> 01:10:03.840]  that 9.1 serves the public interest and provides a valuable service to the community
[01:10:03.840 --> 01:10:12.840]  So try to keep the negative comments adversarial against government entities to a minimum
[01:10:12.840 --> 01:10:18.840]  but we would rather see praise and support of the registration
[01:10:18.840 --> 01:10:20.840]  I haven't even seen any of the letters yet
[01:10:20.840 --> 01:10:24.840]  so I'm not criticizing anybody because, like I said, we haven't even seen the letters yet
[01:10:24.840 --> 01:10:26.840]  I've just heard a few comments
[01:10:26.840 --> 01:10:32.840]  and I've just realized that maybe a few people may have gotten a little bit misled here
[01:10:32.840 --> 01:10:34.840]  Okay, this isn't a protest, all right?
[01:10:34.840 --> 01:10:40.840]  This isn't just a general blanket letter to the FCC in support of micro-broadcasting in general
[01:10:40.840 --> 01:10:45.840]  This is specifically for this radio station in case we need to argue the merits of the case
[01:10:45.840 --> 01:10:50.840]  So, okay. Randy, anything else?
[01:10:50.840 --> 01:10:55.840]  No, it's just that we really do appreciate the help
[01:10:55.840 --> 01:10:57.840]  We really need help here to keep these guys on the air
[01:10:57.840 --> 01:11:03.840]  We do because we have gotten a tremendous outpouring in just a very few days
[01:11:03.840 --> 01:11:08.840]  and the court costs so far have already been covered and more
[01:11:08.840 --> 01:11:11.840]  and so we take this as a great encouragement
[01:11:11.840 --> 01:11:16.840]  There's been lawsuits filed, petition for restraining orders have been filed
[01:11:16.840 --> 01:11:19.840]  We have defense documents that are about to be filed
[01:11:19.840 --> 01:11:22.840]  More lawsuits are about to be filed
[01:11:22.840 --> 01:11:27.840]  I mean, we are prepared seriously to take this all the way to the Supreme Court
[01:11:27.840 --> 01:11:30.840]  And I just have one minor little complaint
[01:11:30.840 --> 01:11:34.840]  Deborah won't let me siphon off any of the funds for my beer fund
[01:11:34.840 --> 01:11:37.840]  Well, that's not me. That was an email, Randy
[01:11:37.840 --> 01:11:42.840]  Somebody sent me an email saying make sure that I don't give you any of that money for your beer funds
[01:11:42.840 --> 01:11:45.840]  Oh, I mean, hey, you're going to have to talk to them about that
[01:11:45.840 --> 01:11:48.840]  That's okay. I've still got that nickel in my beer fund
[01:11:48.840 --> 01:11:52.840]  We really appreciate the support and like I said on the PSA
[01:11:52.840 --> 01:11:55.840]  Now is the time to kick this thing viral
[01:11:55.840 --> 01:12:00.840]  Okay, take it to the streets, make copies, change the wording if you want
[01:12:00.840 --> 01:12:05.840]  I mean, if we could get many hundreds, even thousands of letters
[01:12:05.840 --> 01:12:11.840]  I mean, I don't know if you guys realize how powerful that would be in this court case
[01:12:11.840 --> 01:12:18.840]  Yes, we want to use these letters also to influence our legislators
[01:12:18.840 --> 01:12:23.840]  I have one person who's especially good at white papers
[01:12:23.840 --> 01:12:28.840]  We want to start putting together a pattern legislation
[01:12:28.840 --> 01:12:33.840]  That we try to push our local legislators to pass
[01:12:33.840 --> 01:12:42.840]  To essentially move the feds back to interstate commerce and get them out of intrastate
[01:12:42.840 --> 01:12:45.840]  Bring that back into the purview of the state
[01:12:45.840 --> 01:12:52.840]  Similar to the 10th Amendment initiative except on a more focused level
[01:12:52.840 --> 01:12:54.840]  Just tell them beat it
[01:12:54.840 --> 01:12:57.840]  Yes, and we're going to have to make this thing a political issue
[01:12:57.840 --> 01:13:01.840]  Not just a judicial issue if we really want to win it
[01:13:01.840 --> 01:13:03.840]  And I'm not going to mention any names
[01:13:03.840 --> 01:13:12.840]  But I will announce the good news that a particular legislator from a certain state
[01:13:12.840 --> 01:13:22.840]  Has already approached us to draft up legislation to be introduced into that person's state legislature
[01:13:22.840 --> 01:13:26.840]  To kick the SEC out of that person's state
[01:13:26.840 --> 01:13:33.840]  So this is a very good thing because this could be a first blush issue
[01:13:33.840 --> 01:13:36.840]  I mean, this could set the precedent for every state
[01:13:36.840 --> 01:13:43.840]  I mean, we actually could be in a position to write legislation to kick the SEC out of every state altogether
[01:13:43.840 --> 01:13:48.840]  Yes, opportunity is often disguised as difficulty
[01:13:48.840 --> 01:13:54.840]  This may be our opportunity to begin to turn the tables on the feds
[01:13:54.840 --> 01:13:58.840]  We have all these states that passed this 10th Amendment initiative
[01:13:58.840 --> 01:14:04.840]  Now we give them some meat and potatoes to back it up with
[01:14:04.840 --> 01:14:12.840]  This could be the wedge under the feds encroachment into the states
[01:14:12.840 --> 01:14:13.840]  I'm encouraged
[01:14:13.840 --> 01:14:15.840]  And Randy, there's more good news
[01:14:15.840 --> 01:14:17.840]  I just got a Skype chat
[01:14:17.840 --> 01:14:21.840]  You're not going to believe this
[01:14:21.840 --> 01:14:26.840]  Carolyn is going to come over with a donation to your beer fund
[01:14:26.840 --> 01:14:27.840]  My beer fund?
[01:14:27.840 --> 01:14:28.840]  Yes
[01:14:28.840 --> 01:14:29.840]  Oh, life is good
[01:14:29.840 --> 01:14:30.840]  Isn't that awesome?
[01:14:30.840 --> 01:14:31.840]  Okay
[01:14:31.840 --> 01:14:33.840]  All right, let's go back to the caller board
[01:14:33.840 --> 01:14:35.840]  We've got a lot of callers
[01:14:35.840 --> 01:14:37.840]  Okay, we're going to go back to Derek
[01:14:37.840 --> 01:14:40.840]  Okay, Derek, thanks for patiently holding
[01:14:40.840 --> 01:14:50.840]  All right, yeah, I was asking about how to get an open records request in a court case
[01:14:50.840 --> 01:14:55.840]  Okay, you don't really do an open records request in a court case
[01:14:55.840 --> 01:15:05.840]  If you look on my website, jurisimprudence.com, under Documents and Research, there's a folder for blanks
[01:15:05.840 --> 01:15:10.840]  And you'll find a blank open records request
[01:15:10.840 --> 01:15:17.840]  And if I've posted the latest one, what it says at the bottom
[01:15:17.840 --> 01:15:26.840]  Is this request is made under the authority of 552 Government Code, which is the Open Records Act
[01:15:26.840 --> 01:15:32.840]  Comma, 1.24 Code of Criminal Procedure
[01:15:32.840 --> 01:15:39.840]  That's the one that says all courts shall be public
[01:15:39.840 --> 01:15:44.840]  Comma or any other relevant statute
[01:15:44.840 --> 01:15:49.840]  A lot of times, if you go in and file a request with the clerk
[01:15:49.840 --> 01:15:54.840]  She's going to say, well, we're not subject to the Open Records Act
[01:15:54.840 --> 01:15:57.840]  That's why I wrote this this way
[01:15:57.840 --> 01:16:04.840]  You're subject to something, obey whatever you're subject to and give me the records
[01:16:04.840 --> 01:16:08.840]  And okay, one thing to keep in mind
[01:16:08.840 --> 01:16:12.840]  Under the Open Records Act
[01:16:12.840 --> 01:16:17.840]  The Open Records Act is not a civil statute
[01:16:17.840 --> 01:16:23.840]  If you request open records and they don't give them to you, they'll tell you, well, you got to sue to get that
[01:16:23.840 --> 01:16:26.840]  No, you don't
[01:16:26.840 --> 01:16:29.840]  The Open Records Act is a criminal statute
[01:16:29.840 --> 01:16:31.840]  Okay, wait, hold on, we're going to break
[01:16:31.840 --> 01:16:35.840]  Derek, would you like to hang on? Did you get your question answered?
[01:16:35.840 --> 01:16:37.840]  Yeah, pretty much
[01:16:37.840 --> 01:16:39.840]  Okay, excellent
[01:16:39.840 --> 01:16:40.840]  Okay
[01:16:40.840 --> 01:16:41.840]  Thank you, Derek
[01:16:41.840 --> 01:16:45.840]  All right, we'll be going to John in Georgia when we get back on the other side
[01:16:45.840 --> 01:16:49.840]  We've got Tim in Texas and more
[01:16:49.840 --> 01:16:51.840]  We'll be right back on the other side
[01:16:51.840 --> 01:16:56.840]  The Rule of Law
[01:16:56.840 --> 01:17:01.840]  This is Deborah Stevens from Rule of Law Radio with an update on the Austin Micro FM
[01:17:01.840 --> 01:17:05.840]  The outpouring of support for 90.1 has been tremendous
[01:17:05.840 --> 01:17:12.840]  In only two days, Brave New Books has collected over 100 letters and enough donations to cover court costs so far
[01:17:12.840 --> 01:17:20.840]  A lawsuit and petition for restraining order has been filed to stop the FCC from taking any further action until this is sorted out in court
[01:17:20.840 --> 01:17:23.840]  90.1 will stay on the air for the long haul
[01:17:23.840 --> 01:17:29.840]  Even if the court orders the operators to shut down, we are prepared to appeal all the way to the U.S. Supreme Court
[01:17:29.840 --> 01:17:39.840]  Now is the time to kick our Serving the Public Interest letter campaign into high gear to go viral so we can build as strong a case as possible
[01:17:39.840 --> 01:17:45.840]  We need your donations to cover future court costs, travel expenses, and possible fines as well
[01:17:45.840 --> 01:17:49.840]  Please go to ruleoflawradio.com to download the letter and donate
[01:17:49.840 --> 01:17:53.840]  Or stop by Brave New Books at 1904 Guadalupe, Suite B
[01:17:53.840 --> 01:18:00.840]  Thank you, Austin, and please continue your support
[01:18:00.840 --> 01:18:02.840]  Ain't gonna blame me
[01:18:06.840 --> 01:18:08.840]  Don't blame me
[01:18:13.840 --> 01:18:14.840]  Well
[01:18:17.840 --> 01:18:21.840]  Ain't gonna fool me with that same old trick again
[01:18:21.840 --> 01:18:23.840]  Okay, we are back. We're taking calls
[01:18:23.840 --> 01:18:26.840]  John from Georgia
[01:18:26.840 --> 01:18:29.840]  Okay, wait, wait, I had a little more I wanted to address
[01:18:29.840 --> 01:18:31.840]  Okay, go ahead, Randy
[01:18:31.840 --> 01:18:33.840]  On open records. I hadn't talked about it in a long time
[01:18:33.840 --> 01:18:34.840]  Okay, go ahead
[01:18:34.840 --> 01:18:36.840]  The thing I was going to
[01:18:36.840 --> 01:18:44.840]  What the, and this is something I, when I do open records, I always set them up
[01:18:44.840 --> 01:18:48.840]  I never tell them specifically what I'm after
[01:18:48.840 --> 01:18:52.840]  And I try to get them to do one thing in particular
[01:18:52.840 --> 01:18:57.840]  Is ask me why I want to see the records
[01:18:57.840 --> 01:19:00.840]  Because the Open Records Act states
[01:19:00.840 --> 01:19:05.840]  The custodian of the record may make no inquiry of the requester
[01:19:05.840 --> 01:19:11.840]  Other than to determine his identity and the records sought
[01:19:11.840 --> 01:19:15.840]  Down, down right at the bottom of the Open Records Act
[01:19:15.840 --> 01:19:18.840]  It says a violation of this act is official misconduct
[01:19:18.840 --> 01:19:21.840]  It's a class A misdemeanor
[01:19:21.840 --> 01:19:25.840]  It's not a civil statute, it's a criminal statute
[01:19:25.840 --> 01:19:29.840]  So if I can get them to ask me why I want to see the records
[01:19:29.840 --> 01:19:34.840]  I go get security and ask security to arrest them
[01:19:34.840 --> 01:19:40.840]  I don't argue with them, I don't, there are, now, screws versus US says
[01:19:40.840 --> 01:19:47.840]  That unless a public official is insane, he knows precisely what he's doing
[01:19:47.840 --> 01:19:51.840]  So if a public official violates the Open Records Act, I must presume
[01:19:51.840 --> 01:19:54.840]  He knows precisely what he's doing
[01:19:54.840 --> 01:20:00.840]  So, and besides, I'm not an attorney and it's not proper for me to give him legal advice
[01:20:00.840 --> 01:20:05.840]  He certainly can't give it to me, so I'm not going to give it to him
[01:20:05.840 --> 01:20:10.840]  I'll just go get the security and try to get them to arrest him
[01:20:10.840 --> 01:20:13.840]  And that always gets their attention
[01:20:13.840 --> 01:20:17.840]  All of a sudden you're not having any problems anymore
[01:20:17.840 --> 01:20:25.840]  So keep in mind, when they ask you questions about the records that you seek
[01:20:25.840 --> 01:20:34.840]  They can ask you to clarify or to narrow the scope of the records that you seek
[01:20:34.840 --> 01:20:37.840]  And it's very common that they will say
[01:20:37.840 --> 01:20:42.840]  Well, Mr. Kelton, if you'll just tell me what records you're looking for
[01:20:42.840 --> 01:20:44.840]  I can go get that for you
[01:20:44.840 --> 01:20:50.840]  And I say, well, if I tell you what record that I'm looking for
[01:20:50.840 --> 01:20:55.840]  And you go back there and you find that that record is missing
[01:20:55.840 --> 01:21:00.840]  Then I have reasonable probable cause to believe that you caused it to be missing
[01:21:00.840 --> 01:21:04.840]  Because you knew specifically what I was looking for
[01:21:04.840 --> 01:21:09.840]  So I'm looking for a very specific record and I expect it not to be there
[01:21:09.840 --> 01:21:14.840]  And I don't want to accuse you of taking it when I don't find it
[01:21:14.840 --> 01:21:18.840]  And that always gets their attention
[01:21:18.840 --> 01:21:25.840]  I did this to a court clerk in Asheville, North Carolina
[01:21:25.840 --> 01:21:32.840]  And he was a 20-year attorney and thought he was a real smart guy and was going to work me over
[01:21:32.840 --> 01:21:37.840]  And when I did that to him, he sat back in his chair and looked at me for a minute
[01:21:37.840 --> 01:21:45.840]  And he said, Mr. Kelton, you led me by the nose right into that one, didn't you?
[01:21:45.840 --> 01:21:48.840]  Well, yeah, as a matter of fact, I did
[01:21:48.840 --> 01:21:51.840]  After that, I had no more problems with it
[01:21:51.840 --> 01:21:59.840]  So when you go for records, and what I suggest is never ask specifically for the records you're looking for
[01:21:59.840 --> 01:22:04.840]  Make them give you a range of records
[01:22:04.840 --> 01:22:09.840]  So that they never know specifically what you're after
[01:22:09.840 --> 01:22:12.840]  You always want to keep them guessing
[01:22:12.840 --> 01:22:20.840]  If they don't know what you're looking for, they always assume you're looking for something that they don't want you to see
[01:22:20.840 --> 01:22:27.840]  Most every official has a certain number of skeletons in their closet
[01:22:27.840 --> 01:22:33.840]  And when you come in poking around, they assume you know about their skeleton
[01:22:33.840 --> 01:22:38.840]  So I don't ever want to give them any reason to believe I don't
[01:22:38.840 --> 01:22:43.840]  Okay, that's enough. I haven't talked about open records in quite a while
[01:22:43.840 --> 01:22:49.840]  But open records is an art form. You can really do some great stuff with open records
[01:22:49.840 --> 01:22:51.840]  Okay, let's go to John from Georgia
[01:22:51.840 --> 01:22:55.840]  Okay. All right, John, thanks for calling in. What's on your mind?
[01:22:55.840 --> 01:23:01.840]  Hey, good evening. Hey, I'm in Texas now. I live in Bell County, Texas now
[01:23:01.840 --> 01:23:10.840]  Oh, good man. I bet when you moved here from Georgia, you lowered the average IQ of both states
[01:23:10.840 --> 01:23:13.840]  Oh
[01:23:13.840 --> 01:23:14.840]  Just kidding
[01:23:14.840 --> 01:23:17.840]  Hey, how are you, Randy?
[01:23:17.840 --> 01:23:23.840]  Hey, I'm calling in reference to my traffic stop. I called you guys about two months ago
[01:23:23.840 --> 01:23:27.840]  And then about a month after that, I got stopped in the city of Temple
[01:23:27.840 --> 01:23:33.840]  And the cops arrested me because of the way I was signing my signature
[01:23:33.840 --> 01:23:36.840]  They didn't like that. They didn't take me before a magistrate
[01:23:36.840 --> 01:23:43.840]  And they put me in the jail. The jailers didn't take me before the magistrate when I requested them to
[01:23:43.840 --> 01:23:52.840]  And when I showed up for the court hearing, they said the court was closed after I flew down there for the court hearing subsequently
[01:23:52.840 --> 01:23:56.840]  And I was hoping to get some help like you guys said you would
[01:23:56.840 --> 01:24:01.840]  Okay, we can do that. You emailed me?
[01:24:01.840 --> 01:24:03.840]  Yes, I did, sir
[01:24:03.840 --> 01:24:07.840]  Okay, it probably didn't stand out. I get a lot of emails
[01:24:07.840 --> 01:24:11.840]  Oh, military
[01:24:11.840 --> 01:24:14.840]  DMX, it's from a DMX email address
[01:24:14.840 --> 01:24:19.840]  Yes, I am. Sorry if I didn't get you. Okay, send me another email
[01:24:19.840 --> 01:24:22.840]  I'll get together with Eddie
[01:24:22.840 --> 01:24:27.840]  We have been putting together some really serious documentation
[01:24:27.840 --> 01:24:34.840]  And we did a seminar and we've been selling it to our seminar members
[01:24:34.840 --> 01:24:39.840]  But we kind of owe you. We said we would get you stuff and we didn't and I apologize
[01:24:39.840 --> 01:24:42.840]  I'll recompense you for you guys' time. It's no problem
[01:24:42.840 --> 01:24:46.840]  I mean, this isn't money. I don't care about that
[01:24:46.840 --> 01:24:53.840]  Eddie has got some stuff on seminar. What you need to do is buy the seminar material
[01:24:53.840 --> 01:24:54.840]  Okay
[01:24:54.840 --> 01:24:57.840]  Because his book is in there
[01:24:57.840 --> 01:25:01.840]  You will not believe what you find in there
[01:25:01.840 --> 01:25:09.840]  Some of the things, the latest things we've put in there is when you go into court
[01:25:09.840 --> 01:25:19.840]  You want to, first thing you want to do is demand the bona fides of the prosecutor attorney
[01:25:19.840 --> 01:25:25.840]  And since this is traffic in Temple, I hope you go before that JP there
[01:25:25.840 --> 01:25:33.840]  The last time I was in court in Temple, I asked the bailiff to drag the judge down off the bench three times
[01:25:33.840 --> 01:25:36.840]  That was a hoot
[01:25:36.840 --> 01:25:42.840]  They're really unhappy with me in Bell County
[01:25:42.840 --> 01:25:55.840]  But what we found is a municipal attorney has no authority to represent the state in a criminal prosecution
[01:25:55.840 --> 01:25:57.840]  And not only that
[01:25:57.840 --> 01:26:09.840]  What the Constitution says is that the District Attorney will represent the state in all felony prosecutions
[01:26:09.840 --> 01:26:17.840]  The County Attorney will represent the case in all criminal prosecutions below the grade of felony
[01:26:17.840 --> 01:26:21.840]  Doesn't say anything about a municipal attorney
[01:26:21.840 --> 01:26:28.840]  And Eddie and I were just talking today about some case law he's finding
[01:26:28.840 --> 01:26:31.840]  He's going through Vernon's annotated civil statutes
[01:26:31.840 --> 01:26:39.840]  Vernon's was the publisher for Texas statutes before, up to 1976
[01:26:39.840 --> 01:26:42.840]  After that, West got the contract
[01:26:42.840 --> 01:26:49.840]  But in the 76 statutes, he found some really good case law
[01:26:49.840 --> 01:26:54.840]  And one of them went to this very issue
[01:26:54.840 --> 01:27:00.840]  That the municipal attorney absolutely has no authority whatsoever
[01:27:00.840 --> 01:27:03.840]  And that's not all
[01:27:03.840 --> 01:27:09.840]  You want to ask the attorney for his license to practice
[01:27:09.840 --> 01:27:16.840]  And he's going to instruct you that he is in good standing with the bar
[01:27:16.840 --> 01:27:20.840]  And you get to let him know that you very much appreciate it
[01:27:20.840 --> 01:27:22.840]  And you're glad to hear that
[01:27:22.840 --> 01:27:26.840]  But you want to see his license to practice
[01:27:26.840 --> 01:27:31.840]  And he's going to tell you that there are no licenses to practice in Texas
[01:27:31.840 --> 01:27:37.840]  And you're going to tell him, your problem, not my problem
[01:27:37.840 --> 01:27:46.840]  My problem is that 38.123 Texas Penal Code says that it is a felony
[01:27:46.840 --> 01:27:53.840]  To give legal advice or to represent someone in court as an attorney
[01:27:53.840 --> 01:28:02.840]  Unless you are licensed in the state, in another state or in a foreign country
[01:28:02.840 --> 01:28:07.840]  To practice law and you are in good standing with the bar
[01:28:07.840 --> 01:28:11.840]  Now it's good that you have met one of those conditions
[01:28:11.840 --> 01:28:15.840]  Now prove that you've met the other
[01:28:15.840 --> 01:28:19.840]  And the fact that in the government code
[01:28:19.840 --> 01:28:26.840]  The Supreme Court of the state of Texas is authorized to issue licenses
[01:28:26.840 --> 01:28:33.840]  So I want to see it or I want the bailiff to arrest this man
[01:28:33.840 --> 01:28:36.840]  Oh, that is going to be, I'm going to get to do this pretty soon
[01:28:36.840 --> 01:28:41.840]  That is going to be such a hoot
[01:28:41.840 --> 01:28:44.840]  It's, I don't know how they did this
[01:28:44.840 --> 01:28:49.840]  Because it's absolutely clearly in the code
[01:28:49.840 --> 01:28:53.840]  They must have a license and be in good standing with the bar
[01:28:53.840 --> 01:28:56.840]  So he can't, because they're both listed
[01:28:56.840 --> 01:28:59.840]  And the conjunction and is between
[01:28:59.840 --> 01:29:04.840]  They're inclusive, he has to have both
[01:29:04.840 --> 01:29:07.840]  Good luck, Bubba
[01:29:07.840 --> 01:29:12.840]  And he's also clearly demonstrated that
[01:29:12.840 --> 01:29:18.840]  Temple Texas Municipal Police cannot enforce the traffic laws, period
[01:29:18.840 --> 01:29:23.840]  And he's a lawyer
[01:29:23.840 --> 01:29:25.840]  And what?
[01:29:25.840 --> 01:29:33.840]  And there's the lawyer
[01:29:33.840 --> 01:29:34.840]  Okay
[01:29:34.840 --> 01:29:37.840]  Prosecutor is a lawyer
[01:29:37.840 --> 01:29:41.840]  Yeah, he's a lawyer
[01:29:41.840 --> 01:29:47.840]  But he's not a proper attorney
[01:29:47.840 --> 01:29:52.840]  Exactly
[01:29:52.840 --> 01:29:53.840]  All right, we'll be right back
[01:29:53.840 --> 01:29:55.840]  Stay on the line, John
[01:29:55.840 --> 01:30:18.840]  Okay
[01:30:25.840 --> 01:30:30.840]  We'll be right back
[01:30:55.840 --> 01:30:57.840]  We'll be right back
[01:31:25.840 --> 01:31:30.840]  We'll be right back
[01:31:55.840 --> 01:32:11.840]  Okay, we are back
[01:32:11.840 --> 01:32:13.840]  Okay
[01:32:13.840 --> 01:32:15.840]  John
[01:32:15.840 --> 01:32:18.840]  Where are you at now in the process?
[01:32:18.840 --> 01:32:25.840]  They originally arrested you because they didn't like the way you signed the citation
[01:32:25.840 --> 01:32:28.840]  As I recall, you were with your wife
[01:32:28.840 --> 01:32:30.840]  I was with my wife
[01:32:30.840 --> 01:32:34.840]  And the cop threatened me to jail
[01:32:34.840 --> 01:32:37.840]  Initially, if I didn't get out of the vehicle
[01:32:37.840 --> 01:32:40.840]  After I only rolled down the window a little bit
[01:32:40.840 --> 01:32:47.840]  And so I said, okay, I'm getting out of the automobile under arrest
[01:32:47.840 --> 01:32:49.840]  I just went all downhill from there
[01:32:49.840 --> 01:32:58.840]  Okay, with this package, you will have a cross complaint against the officer
[01:32:58.840 --> 01:33:01.840]  And since your case involves an arrest
[01:33:01.840 --> 01:33:04.840]  I have a whole other package I'll give you
[01:33:04.840 --> 01:33:08.840]  That's not normally included in the traffic package
[01:33:08.840 --> 01:33:15.840]  But we'll charge the officer with aggravated assault
[01:33:15.840 --> 01:33:19.840]  Actually, that's in the traffic package
[01:33:19.840 --> 01:33:22.840]  But aggravated kidnapping
[01:33:22.840 --> 01:33:26.840]  We want to know who all the jailers are who were in the jail during the time you were in there
[01:33:26.840 --> 01:33:30.840]  Because we're going to sue all of them
[01:33:30.840 --> 01:33:40.840]  We will charge the magistrate with felony tampering
[01:33:40.840 --> 01:33:49.840]  I'm sorry, felony tampering with a government document
[01:33:49.840 --> 01:33:53.840]  We have about, in this in an arrest
[01:33:53.840 --> 01:33:58.840]  I've got 20 due process violations in every arrest
[01:33:58.840 --> 01:33:59.840]  Okay
[01:33:59.840 --> 01:34:01.840]  As a matter of course
[01:34:01.840 --> 01:34:09.840]  And Russell Mortland just got his sociology to the US Supreme Court accepted
[01:34:09.840 --> 01:34:10.840]  Wow
[01:34:10.840 --> 01:34:17.840]  Where we're challenging a prosecution with no criminal complaint in the court record
[01:34:17.840 --> 01:34:24.840]  And not providing you with an attorney when you were brought before the magistrate
[01:34:24.840 --> 01:34:30.840]  In October last year, the Supreme Court issued an opinion
[01:34:30.840 --> 01:34:38.840]  Where they just ripped apart Texas for not providing an attorney at this hearing
[01:34:38.840 --> 01:34:46.840]  There are two other previous rulings that directed them to do that and they still don't
[01:34:46.840 --> 01:34:55.840]  And I have the federal court rulings that say that if someone's brought before a hearing with no attorney
[01:34:55.840 --> 01:35:03.840]  That's a structural error and requires dismissal
[01:35:03.840 --> 01:35:06.840]  So we got lots of stuff to go after them with
[01:35:06.840 --> 01:35:10.840]  We sue everybody
[01:35:10.840 --> 01:35:11.840]  Alright
[01:35:11.840 --> 01:35:13.840]  No subject matter jurisdiction
[01:35:13.840 --> 01:35:23.840]  In the ticket process I have a suit against the jurisdiction that's for injunctive relief
[01:35:23.840 --> 01:35:27.840]  But in your case we will use that one
[01:35:27.840 --> 01:35:32.840]  We'll use the one that goes for big time monetary relief
[01:35:32.840 --> 01:35:35.840]  And you will sue as a private attorney general
[01:35:35.840 --> 01:35:41.840]  In the legal reform community we've heard a lot of talk for a while about a private attorney general
[01:35:41.840 --> 01:35:45.840]  Well the only time you can act as a private attorney general
[01:35:45.840 --> 01:35:53.840]  Is when you sue for yourself and all others similarly situated
[01:35:53.840 --> 01:36:01.840]  In this case it is exactly the kind of case that this is designed for because it's traffic citation
[01:36:01.840 --> 01:36:03.840]  Three, four hundred bucks
[01:36:03.840 --> 01:36:11.840]  Very few people have the resources or the will to take these guys on for something so minor
[01:36:11.840 --> 01:36:17.840]  What they don't realize is the potential is tremendous
[01:36:17.840 --> 01:36:23.840]  You can sue the municipality for what they did to you
[01:36:23.840 --> 01:36:30.840]  The injuries to you which can mount up to some pretty serious injuries because of a false imprisonment
[01:36:30.840 --> 01:36:35.840]  And then you can sue for all others similarly situated
[01:36:35.840 --> 01:36:40.840]  Since it would cost too much for each one to sue individually you can sue in their name
[01:36:40.840 --> 01:36:44.840]  And you get recovery not them
[01:36:44.840 --> 01:36:49.840]  So we'll give them a suit that they will want to settle quickly
[01:36:49.840 --> 01:36:50.840]  Okay
[01:36:50.840 --> 01:36:54.840]  And you decide how quick you want to settle with them
[01:36:54.840 --> 01:37:00.840]  It's very likely that you will never get arrested in Temple again
[01:37:00.840 --> 01:37:02.840]  Once you've done this
[01:37:02.840 --> 01:37:07.840]  So send me an email put the subject line in all caps
[01:37:07.840 --> 01:37:09.840]  Alright I will do that Randy
[01:37:09.840 --> 01:37:12.840]  I'm sure to pick that up and I apologize for not keeping up with you
[01:37:12.840 --> 01:37:18.840]  We have really been swamped for so long I don't remember
[01:37:18.840 --> 01:37:21.840]  I know you guys got a lot of things in the fire
[01:37:21.840 --> 01:37:25.840]  I don't own a television I don't own a radio
[01:37:25.840 --> 01:37:28.840]  If I did own them I wouldn't have time to turn them on
[01:37:28.840 --> 01:37:30.840]  I understand
[01:37:30.840 --> 01:37:38.840]  It's difficult but I can't think of anything I'd rather be doing right now
[01:37:38.840 --> 01:37:40.840]  Alright thanks Randy
[01:37:40.840 --> 01:37:43.840]  Okay thank you
[01:37:43.840 --> 01:37:47.840]  Thanks John
[01:37:47.840 --> 01:37:51.840]  Yes so Randy
[01:37:51.840 --> 01:37:57.840]  When it concerns like injunctive relief or something very specific to your own case
[01:37:57.840 --> 01:38:00.840]  Or someone's personal case
[01:38:00.840 --> 01:38:06.840]  That would not be a situation where you would sue as a private attorney general
[01:38:06.840 --> 01:38:19.840]  The reason the original suit the one in the ticket seminar was for injunctive relief only
[01:38:19.840 --> 01:38:27.840]  Is that if you sue a governmental agency or official
[01:38:27.840 --> 01:38:34.840]  For injunctive relief they have absolutely zero immunity
[01:38:34.840 --> 01:38:38.840]  In that case the state waves its sovereign immunity
[01:38:38.840 --> 01:38:41.840]  Because you're not asking for money damages
[01:38:41.840 --> 01:38:47.840]  And in this case it might be a good idea to sue them for injunctive relief
[01:38:47.840 --> 01:38:54.840]  And use the discovery to discover all the information you need
[01:38:54.840 --> 01:39:03.840]  To amend your lawsuit to include big money or refile in another court a suit for money
[01:39:03.840 --> 01:39:11.840]  Something I recently found out on a matter in a justice court or municipal court
[01:39:11.840 --> 01:39:22.840]  If you countersue for more than say you countersue for $5,001
[01:39:22.840 --> 01:39:31.840]  And the court is only allowed to handle a case of monetary damages up to $5,000
[01:39:31.840 --> 01:39:37.840]  They are required by statute to dismiss your countersue
[01:39:37.840 --> 01:39:41.840]  You can't amend it, it's required to be dismissed
[01:39:41.840 --> 01:39:51.840]  So since you can't sue in this court for the amount that you may be damaged
[01:39:51.840 --> 01:39:57.840]  You can sue in this court for injunctive relief and then go to a higher court and sue for the damages
[01:39:57.840 --> 01:40:00.840]  In that case you'd have to be the original plaintiff
[01:40:00.840 --> 01:40:04.840]  Yes, it's better when you're the petitioner
[01:40:04.840 --> 01:40:12.840]  But in this way you get to use the first suit to develop the discovery
[01:40:12.840 --> 01:40:16.840]  And develop the information you need to file the second suit
[01:40:16.840 --> 01:40:22.840]  It's not cheating, it's using the rules
[01:40:22.840 --> 01:40:26.840]  Okay let's go to Tim in Texas
[01:40:26.840 --> 01:40:29.840]  Tim thanks for calling in, what's on your mind?
[01:40:29.840 --> 01:40:33.840]  Good evening you guys, it's good to be back on the air with you guys
[01:40:33.840 --> 01:40:38.840]  I wanted to spend a few minutes and go over the terms includes and including
[01:40:38.840 --> 01:40:44.840]  And bring you up to date on some communication with my state representatives regarding this topic
[01:40:44.840 --> 01:40:48.840]  So if I could just take a minute here next time on what's been going on
[01:40:48.840 --> 01:40:56.840]  I had some conversations with the aid from my state senator's office
[01:40:56.840 --> 01:41:01.840]  And we got into a discussion regarding the term includes
[01:41:01.840 --> 01:41:06.840]  And I could not get them to put anything down in writing
[01:41:06.840 --> 01:41:13.840]  But I did get him to admit that the counsel that he was speaking with
[01:41:13.840 --> 01:41:19.840]  Said that under 311.005 government code the term person does include human beings
[01:41:19.840 --> 01:41:24.840]  And when I asked them if they could put it in writing, he got real uncomfortable with that
[01:41:24.840 --> 01:41:29.840]  What I said to him next was well this is a problem I'm having
[01:41:29.840 --> 01:41:32.840]  And I actually pulled up a Supreme Court case
[01:41:32.840 --> 01:41:35.840]  I don't know if you want to bring it up Randy to look at
[01:41:35.840 --> 01:41:42.840]  But it's 452 U.S. 578
[01:41:42.840 --> 01:41:50.840]  And that case basically is the United States versus Turcat from 1981
[01:41:50.840 --> 01:41:55.840]  And in this case here they were going about
[01:41:55.840 --> 01:42:03.840]  The opinion of the court was talking about the term enterprise as defined in 18 U.S.C. 1961
[01:42:03.840 --> 01:42:05.840]  Subparagraph 4
[01:42:05.840 --> 01:42:17.840]  And I focused in on this because the wording was very similar to the wording used in person in 311.005 government code
[01:42:17.840 --> 01:42:26.840]  And in here the definition says any enterprise is any individual partnership, corporation, association or other legal entity
[01:42:26.840 --> 01:42:29.840]  Now that's the first part of the definition
[01:42:29.840 --> 01:42:38.840]  And then it went on to so and any union or group of individuals associated in fact although not a legal entity
[01:42:38.840 --> 01:42:51.840]  Now what happened next was the Supreme Court said let me bring up that section of the quote
[01:42:51.840 --> 01:43:00.840]  It said that section 1961 describes two categories of associations that come within the purview of the enterprise definition
[01:43:00.840 --> 01:43:09.840]  The first which was where I stopped before the end which was individual partnership, corporation, association or other legal entity
[01:43:09.840 --> 01:43:16.840]  Since the first encompasses organizations such as corporations and partnerships and other legal entities
[01:43:16.840 --> 01:43:24.840]  The second covers any group or group of individuals associated in fact that are not legal entities
[01:43:24.840 --> 01:43:32.840]  So my argument to the aide in my state senator's office was that it can't include human beings
[01:43:32.840 --> 01:43:36.840]  So I was wondering if we could talk about that for a few minutes
[01:43:36.840 --> 01:43:38.840]  All right sure
[01:43:38.840 --> 01:43:41.840]  Yes, when we come back, I've got the case up, I'm looking at it
[01:43:41.840 --> 01:43:45.840]  All right, yes we'll talk about this on the other side
[01:43:45.840 --> 01:43:52.840]  We also have Dominic in Texas that we're going to bring up as well after 10, we'll be right back
[01:43:52.840 --> 01:44:14.840]  Aerial spray, chemtrails, the modified atmosphere, heavy metals and pesticides, carcinogens and chemical fibers all falling from the sky
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[01:45:15.840 --> 01:45:23.840]  Something in this world I will never understand
[01:45:23.840 --> 01:45:27.840]  Something I realize fully
[01:45:27.840 --> 01:45:31.840]  Somebody's gonna police that policeman
[01:45:31.840 --> 01:45:35.840]  Somebody's gonna police the police
[01:45:35.840 --> 01:45:40.840]  There's always a room at the top of the hill
[01:45:40.840 --> 01:45:45.840]  Here through the grave mine and it's lonely left still
[01:45:45.840 --> 01:45:49.840]  They're wishing it was more than opposition to fail
[01:45:49.840 --> 01:45:53.840]  They know that if they don't do it, somebody will
[01:45:53.840 --> 01:45:57.840]  Something in this world I will never understand
[01:45:57.840 --> 01:46:01.840]  Something I realize fully
[01:46:01.840 --> 01:46:06.840]  Somebody's gonna police that policeman
[01:46:06.840 --> 01:46:09.840]  Somebody's gonna police the police
[01:46:09.840 --> 01:46:12.840]  I know they will
[01:46:12.840 --> 01:46:14.840]  Yeah, they're gonna put the bill
[01:46:14.840 --> 01:46:18.840]  Cause I see so much in God's detail
[01:46:18.840 --> 01:46:22.840]  I know they will never fail to tip back that scale
[01:46:22.840 --> 01:46:26.840]  I know they will never fail to tip back the scale
[01:46:26.840 --> 01:46:29.840]  I know they will
[01:46:29.840 --> 01:46:50.840]  Okay, we're talking about includes and including. All right, go ahead, Randy. I mean, well, first I want to make a comment. One thing that I've learned is that the term includes in law does not mean what it means in Boolean logic and the math world.
[01:46:50.840 --> 01:47:18.840]  Because in set theory, the word includes means includes but not limited to. But in law, the word includes means equal to, unless it says includes but not limited to. So it's kind of misleading when you see that word includes because it actually means equals, unless it says otherwise.
[01:47:18.840 --> 01:47:26.840]  If I could, I'm sorry to interrupt. If I could just draw your attention also, Randy, down to page 582 in that case is one really important step.
[01:47:26.840 --> 01:47:39.840]  Just a quick one. It's 452 U.S. 576, not 8. Or you're looking at page 78, but the actual citation was 576. Just to my understanding.
[01:47:39.840 --> 01:47:53.840]  I misstated that. But down on page 582, it says each category describes a separate type of enterprise to be covered by the statute. Those that are recognized as legal entities and those that are not.
[01:47:53.840 --> 01:48:10.840]  And that was really what I was kind of zoning in on because of the fact that they're listing the different terms together like association, partnership, and all that other stuff. So I don't want you to comment on that.
[01:48:10.840 --> 01:48:30.840]  OK, I'm looking to find out the entities. OK, describes two categories of associations that come within the purview of enterprise. Oh, by the way, this is a Rico suit. That's why they're talking about enterprise definition.
[01:48:30.840 --> 01:48:47.840]  The first encompasses organizations such as corporations and partnerships and other legal entities. The second covers any union or group of individuals associated in fact, although not a legal entity.
[01:48:47.840 --> 01:49:01.840]  And that seems to clearly go to the fact that group of individuals is OK, but this doesn't address person. And that's.
[01:49:01.840 --> 01:49:17.840]  No, but what it does do is, you know, partnership, corporation, association even includes individual and other legal entities. And that first portion of that definition is what I was zoning in on because the definition of person in 311.
[01:49:17.840 --> 01:49:25.840]  OK, this doesn't include individuals. It includes a group of individuals.
[01:49:25.840 --> 01:49:36.840]  That's not a single definition though, Randy. Well, what I'm trying to do is focus on the first portion of that before the end.
[01:49:36.840 --> 01:49:46.840]  Because the court in its ruling in its opinion was actually focusing in on this as two separate groupings of things.
[01:49:46.840 --> 01:49:50.840]  Come within the enterprise definition.
[01:49:50.840 --> 01:49:57.840]  OK, this is for the purpose of a Rico allegation.
[01:49:57.840 --> 01:49:58.840]  Right.
[01:49:58.840 --> 01:50:23.840]  So it has to be an organization or group of some type in OK within the purview of enterprise and in order to claim a Rico suit, you must make claim an ongoing criminal enterprise.
[01:50:23.840 --> 01:50:31.840]  Purview and this is enterprise in the context of a Rico allegation.
[01:50:31.840 --> 01:50:40.840]  So would it be so far fetched that I wouldn't want to even look at this definition because it has nothing to do with what we're looking after in person?
[01:50:40.840 --> 01:50:46.840]  I mean, am I down the wrong rabbit trail on this or?
[01:50:46.840 --> 01:50:53.840]  Well, the thing is it uses individuals here.
[01:50:53.840 --> 01:51:04.840]  Is there any case file that we have in Texas or elsewhere that deals with that definition of person that I can send to this guy and say your attorney is wrong?
[01:51:04.840 --> 01:51:10.840]  I'll have to talk to Eddie. If he has any, I don't have it yet.
[01:51:10.840 --> 01:51:18.840]  Or I haven't had time. He may have sent it to me and I haven't had time to go through it. But off the top of my head, I don't know of any.
[01:51:18.840 --> 01:51:21.840]  I'm sure that I'm sure it exists.
[01:51:21.840 --> 01:51:31.840]  And if I had a case on point, I could I could bounce off the case and find some good law on the subject.
[01:51:31.840 --> 01:51:36.840]  It's just the hardest thing to find is the first case on point.
[01:51:36.840 --> 01:51:42.840]  How do you ask it has asked the engine a question?
[01:51:42.840 --> 01:51:49.840]  Or what keyword would you use to find an explanation of person?
[01:51:49.840 --> 01:51:55.840]  I tried person definition definition person, and that didn't get me anything.
[01:51:55.840 --> 01:52:07.840]  And that's something that's often that's the hardest thing in case law is finding the first case on point. And this is such a fine point.
[01:52:07.840 --> 01:52:16.840]  It's not really a point of law, but a point of the usage of terms that it's really hard to seek out.
[01:52:16.840 --> 01:52:24.840]  Well, I mean, going into the usage of terms, one of the responses I got back and I actually got a four page letter back from the legislative council on this whole thing.
[01:52:24.840 --> 01:52:28.840]  So evidently I'm getting up the ladder a little bit on this question.
[01:52:28.840 --> 01:52:38.840]  But they were they were mainly saying that it's expansive because it doesn't say only or includes only.
[01:52:38.840 --> 01:52:43.840]  And I actually did some searching through Texas statutes and I found that use quite often.
[01:52:43.840 --> 01:52:54.840]  And I also found includes but not limited to or including but not limited to as being I would think being more expansive than includes.
[01:52:54.840 --> 01:52:58.840]  So I found that use quite a bit throughout Texas law.
[01:52:58.840 --> 01:53:05.840]  So I'm just trying to figure out how can we get this term person nailed down? Because to me this is huge.
[01:53:05.840 --> 01:53:18.840]  It doesn't. It doesn't get nailed down. Every word in law frequently means something different from statute to statute, from chapter to chapter.
[01:53:18.840 --> 01:53:24.840]  It's that that's why I kind of have a problem with law in general. I'm a I'm a logician.
[01:53:24.840 --> 01:53:31.840]  I'm a I'm a set theorist. I'm a mathematician. We have definitions for things and they're static.
[01:53:31.840 --> 01:53:36.840]  They don't change. But in law it's not like that. Everything's whimsical and capricious.
[01:53:36.840 --> 01:53:43.840]  It's like from from statute to statute, from code to code, from chapter to chapter, from verse to verse.
[01:53:43.840 --> 01:53:50.840]  Definitions are different and changing all the time. It makes it almost impossible to build a case really.
[01:53:50.840 --> 01:53:54.840]  I mean it's it makes it very difficult to nail things down.
[01:53:54.840 --> 01:54:09.840]  Well I agree Deborah because as I was searching through this stuff I found an amicus brief where they were talking they were quoting Justice Scalia and talking about how the interpretation of statutes is such a big problem in this country.
[01:54:09.840 --> 01:54:17.840]  Right. Well listen hold on Tim you can stay on the line here but we have about three and a half minutes left and I want to bring Dominic on the air also.
[01:54:17.840 --> 01:54:21.840]  He's been waiting for quite a while. So let's see if Dominic.
[01:54:21.840 --> 01:54:27.840]  If I could just ask that we maybe continue this discussion and try to get an answer on this sometime in the future.
[01:54:27.840 --> 01:54:31.840]  I found something. I'll be reading through it while we're talking to Dominic.
[01:54:31.840 --> 01:54:42.840]  Sure. Sure. Okay Dominic go ahead. You don't have to go Tim. Dominic do you have any comments on this issue or other comments on something else you'd like to comment on?
[01:54:42.840 --> 01:54:48.840]  Well yeah I wanted to comment on something else. I hope Randy doesn't have his finger on the zapper button there.
[01:54:48.840 --> 01:54:52.840]  The taser, the mic taser?
[01:54:52.840 --> 01:55:00.840]  Well what I was looking through right now was Randy was talking earlier about licensed attorneys to be licensed.
[01:55:00.840 --> 01:55:01.840]  Yes.
[01:55:01.840 --> 01:55:16.840]  And I was going through the state bar of Texas. It does make reference that well among other things they have to pass the bar exam and that makes them licensed to practice law.
[01:55:16.840 --> 01:55:26.840]  That makes them qualified to be licensed. But it is the Supreme Court of Texas that issues the license not the bar.
[01:55:26.840 --> 01:55:33.840]  But it doesn't say that it's issued. It says after passing this test the person is licensed to practice law.
[01:55:33.840 --> 01:55:37.840]  Well we know the bar says that.
[01:55:37.840 --> 01:55:45.840]  But the government code authorizes the Supreme Court to license attorneys not the bar.
[01:55:45.840 --> 01:55:51.840]  So I want to see the license that the Supreme Court issued.
[01:55:51.840 --> 01:55:54.840]  Now I know there isn't one.
[01:55:54.840 --> 01:55:56.840]  Well it's not your problem.
[01:55:56.840 --> 01:55:59.840]  Not my problem, his problem.
[01:55:59.840 --> 01:56:10.840]  Well Randy if I can jump in for a second to help with this. I was looking at this statute the other day and I wanted to find out what is it, how are we going to recognize a license if we see one?
[01:56:10.840 --> 01:56:18.840]  And it says in the code that the oath must be subscribed on the license.
[01:56:18.840 --> 01:56:28.840]  And so whatever we see, wherever they produce the license, if it doesn't have the oath subscribed on it, it's not a license.
[01:56:28.840 --> 01:56:45.840]  There's enough in law about the license that they can't simply claim that a bar card, a membership in a private association is a license.
[01:56:45.840 --> 01:56:55.840]  License has to be issued by the state of Texas and in this case the statute requires it to be issued by the Supreme Court of the state of Texas.
[01:56:55.840 --> 01:57:17.840]  And unless the bar maintains that it can act in the name of the Supreme Court, which would be a violation, separation of powers, the Supreme Court cannot delegate its duties.
[01:57:17.840 --> 01:57:26.840]  So if the bar is issuing licenses, we want to talk to those guys. They got a problem.
[01:57:26.840 --> 01:57:32.840]  This is just one of the really fun issues that I'm going to have a great time with this.
[01:57:32.840 --> 01:57:40.840]  If we look at section 82.037 of the government code, that's where it spells it all out.
[01:57:40.840 --> 01:57:51.840]  Subparagraph B says the oath shall be endorsed on the license, subscribed by the person taking the oath, which means he needs to sign his name below it, and attested by the officer administering the oath.
[01:57:51.840 --> 01:57:57.840]  So I couldn't find who would administer the oath, but I can only assume that someone in the Supreme Court justice.
[01:57:57.840 --> 01:57:59.840]  That's what I would expect.
[01:57:59.840 --> 01:58:04.840]  Okay, listen, we're coming to the end of the show. We're going to have to talk about this again next week.
[01:58:04.840 --> 01:58:10.840]  We're taking a break. We have to take a break this week. I'm sorry, folks, please have a nice Thanksgiving.
[01:58:10.840 --> 01:58:14.840]  And I do want to say also, please get your letters in.
[01:58:14.840 --> 01:58:29.840]  Don't delay just because it's part of a maneuver to argue the merits later on, because it's also part of the defensive maneuver in the manure, I might add, regarding the FCC and dealing with them.
[01:58:29.840 --> 01:58:41.840]  We have to defend these people against a prosecutorial action of fines, penalties, fees, possible in-rem arrest.
[01:58:41.840 --> 01:58:46.840]  So we need the letters for the defense as well as future offense. So please get the letters in.
[01:58:46.840 --> 01:58:53.840]  And Tim, come back with more of these kinds of issues. I like this stuff. And thanks, Dominic.
[01:58:53.840 --> 01:58:57.840]  Thank you, Dominic. Thank you, Tim. And we'll see you listeners next week.
[01:58:57.840 --> 01:59:02.840]  This is Deborah Stevens from Rule of Law Radio with an update on the Austin Micro FM.
[01:59:02.840 --> 01:59:06.840]  The outpouring of support for 90.1 has been tremendous.
[01:59:06.840 --> 01:59:12.840]  In only two days, Brave New Books has collected over 100 letters and enough donations to cover court costs so far.
[01:59:12.840 --> 01:59:20.840]  A lawsuit and petition for restraining order has been filed to stop the FCC from taking any further action until this is sorted out in court.
[01:59:20.840 --> 01:59:23.840]  90.1 will stay on the air for the long haul.
[01:59:23.840 --> 01:59:29.840]  Even if the court orders the operators to shut down, we are prepared to appeal all the way to the U.S. Supreme Court.
[01:59:29.840 --> 01:59:39.840]  Now is the time to kick our Serving the Public Interest letter campaign into high gear to go viral so we can build as strong a case as possible.
[01:59:39.840 --> 01:59:45.840]  We need your donations to cover future court costs, tribal expenses, and possible fines as well.
[01:59:45.840 --> 01:59:53.840]  Please go to ruleoflawradio.com to download the letter and donate or stop by Brave New Books at 1904 Guadalupe Sweet Beats.
[01:59:53.840 --> 02:00:16.840]  Thank you, Austin, and please continue your support.