[00:00.000 --> 00:04.760]  This news brief brought to you by the International News Net.
[00:04.760 --> 00:10.880]  Dr. Ramadan Aga, Palestine's Minister of Agriculture, said Wednesday the January 19th flooding of
[00:10.880 --> 00:13.880]  Gaza Valley was deliberately caused by Israel.
[00:13.880 --> 00:19.440]  Dr. Aga said chemical waste Israel had previously dumped in the Valley spread when Israel opened
[00:19.440 --> 00:22.020]  the floodgates of one of its dams.
[00:22.020 --> 00:27.040]  The minister said losses to agricultural land, the death of livestock, and contamination
[00:27.040 --> 00:32.640]  of soil and groundwater amounted to more than $1 million in damages.
[00:32.640 --> 00:37.200]  The Polish Defense Ministry announced that the location of the U.S. Missile Defense Shield
[00:37.200 --> 00:41.280]  will be moved within 35 miles of the Russian border.
[00:41.280 --> 00:46.080]  The Patriot missile battery and 100 American soldiers scheduled to arrive in March or April
[00:46.080 --> 00:50.660]  originally was to be based outside of Warsaw and now will set up in the Baltic Sea city
[00:50.660 --> 00:52.100]  of Morag.
[00:52.100 --> 00:56.560]  During the Bush era, Russia had proposed an alternative missile defense system based on
[00:56.560 --> 01:00.280]  close cooperation between Europe, Russia, and the USA.
[01:00.280 --> 01:01.280]  It was rejected.
[01:01.280 --> 01:05.360]  Howard Zinn, author, teacher, and political activist whose book, A People's History of
[01:05.360 --> 01:11.880]  the United States, became a million-selling alternative to mainstream texts, died on Wednesday.
[01:11.880 --> 01:15.520]  Mr. Zinn was 87 and died of a heart attack in Santa Monica.
[01:15.520 --> 01:20.520]  At a time when few politicians dared even call themselves liberal, A People's History
[01:20.520 --> 01:22.640]  told an openly left-wing story.
[01:22.640 --> 01:27.760]  Zinn charged Christopher Columbus and other explorers with genocide, picked apart presidents
[01:27.760 --> 01:32.720]  from Andrew Jackson to Franklin D. Roosevelt, and celebrated workers, feminists, and war
[01:32.720 --> 01:34.080]  resistors.
[01:34.080 --> 01:42.400]  He will be missed.
[01:42.400 --> 01:46.400]  The government has released hundreds of pages of documents about its policy of searching
[01:46.400 --> 01:52.560]  travelers' laptops and cell phones at U.S. border crossings without suspicion of wrongdoing.
[01:52.560 --> 01:57.240]  The move was in response to an American Civil Liberties Union Freedom of Information Act
[01:57.240 --> 01:58.400]  lawsuit.
[01:58.400 --> 02:03.640]  The records reveal new information about how many devices have been searched, what happens
[02:03.640 --> 02:08.440]  to travelers' files once they're in the government's possession, and travelers' complaints about
[02:08.440 --> 02:10.980]  how they were treated by border officials.
[02:10.980 --> 02:17.000]  In just nine months, customs officials searched over 1,500 electronic devices belonging to
[02:17.000 --> 02:19.520]  travelers.
[02:19.520 --> 02:25.520]  The FBI and telecom companies collaborated to routinely violate federal wiretapping laws
[02:25.520 --> 02:32.200]  for four years as agents got access to reporters' and citizens' phone records using fake emergency
[02:32.200 --> 02:35.440]  declarations or simply by asking for them.
[02:35.440 --> 02:40.640]  An internal audit by the Justice Department's Inspector General released Wednesday harshly
[02:40.640 --> 02:46.400]  criticized how the FBI relied on so-called exigent letters to turn over phone records
[02:46.400 --> 02:47.600]  immediately.
[02:47.600 --> 02:54.280]  The letters were a hangover from the investigation into 9-11 and falsely promised telecoms subpoenas
[02:54.280 --> 02:55.760]  would follow shortly.
[02:55.760 --> 03:23.160]  The FBI circumvented and, in many cases, violated the electronic community.
[03:23.160 --> 03:27.080]  The courage that should be in your partners' hands to even dare make these others飯
[03:27.080 --> 03:34.320]  infront of you is evidence to how arrogant you are.
[03:34.320 --> 03:37.320]  Tell me where you're gonna run me down, press the man
[03:38.320 --> 03:43.320]  Tell me where you're gonna run me down, press the man
[03:44.320 --> 03:51.320]  I said where you're gonna run me all along, my dear
[03:55.320 --> 03:58.320]  You're gonna run to the rocks
[03:58.320 --> 04:04.320]  The rocks will be melting when you run to the rocks
[04:05.320 --> 04:11.320]  It will be melting when you run to the rocks
[04:12.320 --> 04:19.320]  The rocks will be melting, I said all along, my dear
[04:23.320 --> 04:26.320]  When you run to the sea
[04:26.320 --> 04:29.320]  You're gonna be born again
[04:56.320 --> 04:59.320]  For those of you who are visiting the website or who have not visited the website yet
[05:00.320 --> 05:07.320]  Please visit the website and read the disclaimer concerning the call-in number
[05:08.320 --> 05:11.320]  And for those of you who have never been to the website or don't have internet
[05:12.320 --> 05:15.320]  Who may be listening on the phone or listening on various affiliates
[05:16.320 --> 05:22.320]  Then I'm just going to briefly go over the disclaimer for the call-in number again
[05:22.320 --> 05:29.320]  Because I've been having, once again, a lot of problems with people calling in
[05:30.320 --> 05:33.320]  And trying to talk to me while I'm producing shows
[05:34.320 --> 05:39.320]  And so I have to ask again people to please cut me a break
[05:40.320 --> 05:43.320]  Please give me a little bit of respect
[05:44.320 --> 05:49.320]  The call-in number is for people who want to call in and talk on the air to the host
[05:49.320 --> 05:52.320]  Who's currently on the air, okay?
[05:53.320 --> 05:57.320]  There is no office phone number for Rule of Law Radio Network
[05:58.320 --> 06:01.320]  My personal direct line is not available to the public
[06:02.320 --> 06:07.320]  You cannot call and talk to me on the caller line while I'm producing shows
[06:08.320 --> 06:10.320]  I cannot afford to hire call screeners for every show
[06:11.320 --> 06:14.320]  Just so that I can avoid people trying to call and talk to me
[06:15.320 --> 06:17.320]  So please give me a little bit of respect
[06:17.320 --> 06:20.320]  I'm bending over backwards and doing everything I can
[06:21.320 --> 06:26.320]  Even putting my own life on the line at times to bring everyone the message
[06:27.320 --> 06:33.320]  So please have a little bit of respect for me and try to, you know, just realize that this is the caller line
[06:34.320 --> 06:35.320]  I mean there have been times where people have cursed at me
[06:36.320 --> 06:41.320]  People have literally cussed me out on the caller line in this last week
[06:42.320 --> 06:45.320]  Because I would not talk to them while I'm producing a show
[06:45.320 --> 06:48.320]  All right, so I think that that's very disrespectful
[06:49.320 --> 06:50.320]  And I ask people to please have some respect for me
[06:51.320 --> 06:53.320]  And again, this is the caller line
[06:54.320 --> 06:55.320]  So I'm sorry I have to address this issue
[06:56.320 --> 06:57.320]  I keep having to address this issue
[06:58.320 --> 07:00.320]  So I've posted a public notice concerning this matter
[07:01.320 --> 07:04.320]  All right, again, Randy, Eddie and I, all the hosts on this network
[07:05.320 --> 07:06.320]  We are doing everything we can
[07:07.320 --> 07:08.320]  We're spending all our money
[07:09.320 --> 07:12.320]  We're spending all our time to give you people this message
[07:12.320 --> 07:14.320]  So please give us a little bit of respect
[07:15.320 --> 07:18.320]  If you want to contact us, you need to send us an email
[07:19.320 --> 07:21.320]  So that's all I'm going to say about that
[07:22.320 --> 07:26.320]  Moving on, we have some various topics lined up for you tonight
[07:27.320 --> 07:32.320]  The first issue, Karen Renick of VoteRescue.org contacted me
[07:33.320 --> 07:39.320]  Concerning the fact that our county clerk, Dana Debouvoir, or Debouvier, however she likes to pronounce her name
[07:39.320 --> 07:41.320]  Is not a bonded official
[07:42.320 --> 07:46.320]  So we have Stuart on the line here
[07:47.320 --> 07:53.320]  We've got Stuart, I hope I'm pronouncing his name, Gerstacker, I believe, is on the line
[07:54.320 --> 07:55.320]  Who has discovered this matter
[07:56.320 --> 08:00.320]  And we're going to discuss this if Dana, the county clerk here in Travis County
[08:01.320 --> 08:03.320]  Is actually a legitimate public servant
[08:04.320 --> 08:05.320]  Stuart, thank you for joining us
[08:06.320 --> 08:07.320]  Thank you
[08:07.320 --> 08:10.320]  I just wanted to let you all know that the Travis County clerk and the Travis County district clerk
[08:11.320 --> 08:12.320]  They haven't held any official bonding for years
[08:13.320 --> 08:17.320]  So what that ultimately means is that none of their official acts are valid
[08:18.320 --> 08:22.320]  So for instance, the last election certification, it's not valid
[08:23.320 --> 08:28.320]  Because the bonding companies don't trust Dana Debouvoir enough to give her an official bond
[08:29.320 --> 08:32.320]  So why should we trust her enough when she tells us, oh yeah, this is what the people really wanted
[08:32.320 --> 08:38.320]  Especially when we all know she's lying anyways, because these elections, these e-voting machines are total fraud
[08:39.320 --> 08:42.320]  Possibly
[08:43.320 --> 08:45.320]  Now what we, Stuart, what we need to
[08:46.320 --> 08:49.320]  I've watched these people manipulate the election returns
[08:50.320 --> 08:51.320]  And I've talked to many people who've seen the same thing
[08:52.320 --> 08:57.320]  I've talked to many people who've taken exit polls and compared them to what these e-voting machines crank out
[08:57.320 --> 09:04.320]  And I mean, frankly, anybody that's ever worked with a computer that's insane enough to let a computer count your votes for you deserves to be enslaved
[09:05.320 --> 09:06.320]  These machines are abominations and they need to be removed
[09:07.320 --> 09:13.320]  And the fact that the bonding companies don't trust the county clerk enough to even underwrite her official bond
[09:14.320 --> 09:15.320]  Proves that she can't be trusted
[09:16.320 --> 09:22.320]  So why are we trusting her to certify our elections, especially when they're coming on these machines that have so many questions in so many people's minds
[09:23.320 --> 09:24.320]  You can't validate our elections anymore
[09:24.320 --> 09:26.320]  We don't have, we don't have a lawful government in Texas anymore because of this
[09:27.320 --> 09:35.320]  Well, Stuart, I think the real question that we have is, is there a statutory requirement for the county clerk to be bonded?
[09:36.320 --> 09:37.320]  Of course there is
[09:37.320 --> 09:38.320]  I can answer that
[09:38.320 --> 09:41.320]  I couldn't, I can't close the statute T, I don't have the law in front of me right now
[09:41.320 --> 09:42.320]  But the bottom line is
[09:42.320 --> 09:43.320]  Okay, Eddie, what is
[09:43.320 --> 09:44.320]  The county is a commercial corporation
[09:45.320 --> 09:46.320]  Hold on, Eddie has the answer
[09:46.320 --> 09:55.320]  It's under local government code Title III, Subtitle B, Chapter 82, County Clerk 82.001, surety bond and oath of county clerk
[09:56.320 --> 10:11.320]  The county clerk must, as in not an option, before beginning to perform the duties of office, execute a bond either with four or more good and sufficient sureties or with a surety company authorized to do business in the state as a surety
[10:11.320 --> 10:17.320]  In lieu of the clerk obtaining the bond, the county may self-insure against losses that would have been covered by the bond
[10:18.320 --> 10:39.320]  The bond must be, one, approved by the commissioner's court, two, made payable to the county, three, conditioned that the clerk will faithfully perform the duties of office, and four, in an amount equal to at least 20% of the maximum amount of fees collected in any year during the term of office preceding the term for which the bond is to be given
[10:39.320 --> 10:44.320]  But not less than $5,000 or more than $500,000
[10:45.320 --> 10:50.320]  Okay, so Stuart, what is the evidence that Dana does not have a bond?
[10:51.320 --> 11:02.320]  Well, you just go down to the, you go to the online Travis County Public Records grantor list and type in Dana Dubois' name, you can see it on the grantor list, which bond she has and when she stopped filing bonds
[11:02.320 --> 11:12.320]  And then you can also look, instead of typing her in on the grantor list, you can type the government, excuse me, the Texas governor in on the grantee list and look at all the people that are bonding with the governor
[11:13.320 --> 11:18.320]  And then look at the fact that all of a sudden there was this big period of time where all of a sudden nobody bonded
[11:19.320 --> 11:26.320]  Now here in 2000, back in 2009, a few people came out and bonded, but meanwhile the clerks don't have any bonds, the county judge doesn't have a bond
[11:27.320 --> 11:29.320]  So how are these people holding proceedings? How do they issue general...
[11:29.320 --> 11:44.320]  Well, wait a minute, is that, I mean, perhaps the information just may not be posted on the website in order to get, in order to get legitimate proof, in order to get, if there's legitimate proof, we would need open records requests
[11:45.320 --> 11:56.320]  Well, I mean, if you say so, the thing is we have a, I mean, that's probably a good idea and I know my friend Desi is actually putting in an open records request with Sam Biscoe and he's not been able to produce any proof of official bonding for these people
[11:56.320 --> 12:01.320]  And the Travis County records, it's an open public record, anybody can go in there any time and look this up
[12:02.320 --> 12:15.320]  So, I mean, this is not something that's hidden in some back room, these are open access public records, you don't have to send a request and you can go down to the Travis County recorder's office, I think it's 5501 Airport Boulevard, any time during business hours and look these things up
[12:15.320 --> 12:36.320]  Right, but what I'm saying is that in order to file criminal charges or a lawsuit or something, it's my understanding that we would need more than, we just can't find it when we go down to the records division, we would need to have something in writing from some other official stating on the record that no, she does not have a bond
[12:36.320 --> 12:50.320]  And what official would you get that from, the county judge, because he doesn't have a bond, the county clerk, I mean, that would be the official who would be the record keeper for those kinds of records, that's what I'm talking about
[12:51.320 --> 12:53.320]  That's the problem, that is the county clerk
[12:54.320 --> 12:57.320]  Yeah, the county clerk in Travis County is the record keeper
[12:57.320 --> 13:05.320]  The one without the bond is the one that can say whether or not the bond actually exists, that's the problem, but that's the way it's set up
[13:06.320 --> 13:17.320]  The bond does not exist, they cannot produce it, and another thing that fits into this that just makes a little bit more sense is the reason I got into this with these people is back in October of 2007, I was in the middle of a divorce
[13:17.320 --> 13:29.320]  And basically the domestic relations office tried to kidnap my kid and extort me into signing a consent agreement, waiving custody, and instead of doing that what I did was I came back with a bunch of verified counterclaims
[13:30.320 --> 13:39.320]  And one of those counterclaims was for forfeiture of all bonds attached to my divorce action in the amount of $2.5 million or the face value of each bond, whichever greater
[13:39.320 --> 13:52.320]  And so the problem is that when the county attorney's office looked at my motion for bond forfeiture, they had a panic attack and the attorney Scott Doyle for domestic relations crafted a dismissal with prejudice order for the judge to sign
[13:53.320 --> 13:58.320]  And he specifically rebutted my bond forfeiture claims against him, but didn't rebut any of the other claims
[13:59.320 --> 14:07.320]  And so what happened when the judge signed the dismissal with prejudice order, all of my other counterclaims were answered and all of the other bonds attached to that action forfeited
[14:07.320 --> 14:11.320]  And the problem is that all of those court cases, they're all commercial actions
[14:12.320 --> 14:23.320]  Okay, well wait a minute, hold on, before we go too far down another path, let's stop here for a second and discuss, we're talking about Dana de Beauvoir and the Travis County Clark
[14:24.320 --> 14:30.320]  Okay, so Randy, since apparently it is the County Clark who is the record keeper
[14:30.320 --> 14:45.320]  Okay, hang on, there was clarification on that. I got some clarification. Subsection D of that same section of 82.001, the clerk must take and subscribe the official oath, which must be endorsed on the bond if the bond is required
[14:46.320 --> 14:53.320]  The bond and oath shall be recorded in the county clerk's office and deposited in the office of the clerk of the district court
[14:54.320 --> 14:57.320]  So the clerk of the district court will have her bond and her oath
[14:57.320 --> 15:08.320]  Okay, great, so it would be the clerk of the district court who would be the record keeper of the bonds of the county clerk
[15:09.320 --> 15:16.320]  So that's where we would go, hold on Stuart, hold on, that's where we would go to determine if those records existed or not
[15:16.320 --> 15:30.320]  So we would give an open records request to the clerk of the county court and the county clerk of the district court would have to, in writing, determine whether or not the record is found or not
[15:31.320 --> 15:35.320]  And once that comes back in writing, then we would be able to take action
[15:36.320 --> 15:37.320]  That's totally incorrect
[15:38.320 --> 15:39.320]  Is that incorrect, Randy?
[15:40.320 --> 15:41.320]  Is that incorrect, Randy?
[15:41.320 --> 15:46.320]  The Travis County public record is public record, it's in the county recorder's office
[15:47.320 --> 15:54.320]  Now they may have taken that bond and deposited it with the district clerk after it was filed, but the record is still in the county recorder's office, it's a public record
[15:55.320 --> 16:09.320]  Okay, wait, Steve, are you saying that, in saying that that's incorrect, are you saying that the district clerk does not hold the copy of the bond?
[16:09.320 --> 16:10.320]  No, I'm not saying that at all
[16:11.320 --> 16:14.320]  Well that's what the statute requires, that's what Eddie just read
[16:15.320 --> 16:16.320]  Have you ever filed anything in the public record before?
[16:17.320 --> 16:18.320]  Of course
[16:18.320 --> 16:26.320]  It's in the public record and it has a return listed, so the county recorder will record the document and post it in her record on microfilm that you can go down and look at anytime you want to
[16:27.320 --> 16:33.320]  You don't need a public records request, it's right down at 5501 Airport Boulevard, anytime during business hours you can go down and look at that
[16:33.320 --> 16:40.320]  Now that bond or whatever gets filed is going to get returned somewhere, if I do a public record filing it gets reported and returned to me
[16:41.320 --> 16:42.320]  When the clerk does the public record filing
[16:43.320 --> 16:46.320]  Alright, well, Stuart, you need to hold on a second because we're going to break, okay?
[16:47.320 --> 16:58.320]  I'm just going according to the statute here, Eddie just read the statute and it's the clerk of the district court that holds the records of the bond, so that's where I would look because that's what the law says, we'll be right back
[16:58.320 --> 17:02.320]  You feel tired when talking about important topics like money and politics?
[17:03.320 --> 17:04.320]  Sorry!
[17:04.320 --> 17:06.320]  Are you confused by words like the Constitution or the Federal Reserve?
[17:07.320 --> 17:08.320]  What?
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[18:25.320 --> 18:29.320]  Okay, we are back
[18:30.320 --> 18:42.320]  Okay, Randy, go ahead. According to the law that Eddie just read, the bond document would be deposited with the county district clerk
[18:42.320 --> 18:53.320]  Yes, it would be recorded at the county clerk's office, but the actual original document itself would be held by the district court clerk
[18:54.320 --> 19:04.320]  That's what I'm understanding that Eddie has determined from the statute, and this is about statutory remedies here, so go ahead, Randy
[19:04.320 --> 19:17.320]  I keep saying we have a good corpus juris in Texas, and while Stuart was right, according to the statute, it must be recorded in the county clerk's office
[19:18.320 --> 19:30.320]  But the county clerk is the one who's keeping the record for herself, so she is essentially compromised in that if anyone would screw with the records
[19:30.320 --> 19:35.320]  the one who's supposed to protect the records would be the one who was suspect
[19:36.320 --> 19:42.320]  And isn't that why the statute says that the original document would be deposited with the clerk of the court?
[19:43.320 --> 19:44.320]  That's where I was going
[19:45.320 --> 19:52.320]  Yeah, that would be a reasonable presumption for the sake of preventing her from falling into a trap she can't get out of
[19:53.320 --> 19:58.320]  It's a catch-22 situation for the county clerk if she's responsible for maintaining her own records
[19:58.320 --> 20:05.320]  So I would, you know, you can go down to the county clerk and ask to see the record, and they'll say, well, we can't find it
[20:06.320 --> 20:12.320]  Well, what I suggest you do is take out a piece of paper and write a specific request for that document, hand it to them
[20:13.320 --> 20:15.320]  And they're going to say, well, I just told you we don't have it
[20:16.320 --> 20:23.320]  I said, I understand that, I just requested it in writing, now I would like you to put a notation on this document
[20:23.320 --> 20:29.320]  stating that you have no records responsive to my request and date it this day
[20:30.320 --> 20:35.320]  So I can establish that this document is not in your possession on this day at this time
[20:36.320 --> 20:42.320]  Now, wait a minute, Randy, would that be with the county district clerk or the county clerk?
[20:43.320 --> 20:47.320]  No, I'd go to the county clerk, recorder of deeds, and ask them
[20:47.320 --> 20:52.320]  Get them to give me this document saying we don't have it
[20:53.320 --> 20:58.320]  And would you also go to the clerk of the district court since she's the one who would be holding the actual document?
[20:59.320 --> 21:00.320]  Yes, that's where I was trying to get to
[21:01.320 --> 21:07.320]  Then I would go directly to the district clerk and give the district clerk the same request
[21:08.320 --> 21:15.320]  Yeah, because what should be able to happen is if it does exist, you should get two responses
[21:15.320 --> 21:21.320]  because according to this, the county clerk will have a record that that document has been recorded
[21:22.320 --> 21:28.320]  even if they don't have the document because the actual document should be in the district clerk's possession
[21:29.320 --> 21:35.320]  Yes, and this will establish both prongs of the statute
[21:36.320 --> 21:41.320]  that it's supposed to be recorded in the clerk and the district clerk is supposed to have it
[21:41.320 --> 21:46.320]  So if you go to the county and they don't have it, and then start raising the stink
[21:47.320 --> 21:50.320]  and then the district clerk comes, oh, look what I've got
[21:51.320 --> 21:54.320]  Well, you go to the district clerk and establish that neither one of them have it
[21:55.320 --> 21:57.320]  Now we can jump up and down and wave our arms
[21:58.320 --> 22:05.320]  Now you've really got statutory proof that she's unbonded and that she's required to be bonded
[22:05.320 --> 22:10.320]  and so that way you have a very strong case according to statutory law
[22:11.320 --> 22:16.320]  Chapter 87, Government Code Quarantor Removal from Office
[22:17.320 --> 22:24.320]  Now Stuart, the one thing about the request Randy's talking about, when you write down that you want a copy of this document
[22:25.320 --> 22:31.320]  make sure that you write down that you want a copy of this document dated prior to the date of your request
[22:31.320 --> 22:35.320]  which means they can't make it after the fact or on the same day of
[22:36.320 --> 22:42.320]  Make very sure you tell them I want a copy of this document as it existed prior to this date
[22:44.320 --> 22:49.320]  and that way if they make it up later too damn bad, we know she didn't have it
[22:50.320 --> 22:56.320]  But the main point here is that we want to get it in writing from both the county clerk's office
[22:56.320 --> 23:04.320]  and the district court clerk's office that this record does not exist in order for us to be able to
[23:05.320 --> 23:14.320]  with strength and surety proceed forward with removal of Dana from office and criminal charges and lawsuits, etc.
[23:15.320 --> 23:17.320]  Do I have that correct, Randy?
[23:18.320 --> 23:19.320]  Randy?
[23:19.320 --> 23:30.320]  A suit to recover all of the funds that she has collected because she's collected it without meeting the requirements for her contract
[23:31.320 --> 23:32.320]  Well that would be quite a lot because
[23:33.320 --> 23:37.320]  Not to mention all the records for elections that she's maintained, that would really screw up things
[23:38.320 --> 23:41.320]  And that office collects the property taxes too so that would be quite a lot of money
[23:41.320 --> 23:48.320]  So I believe that that is the answer as far as statutory remedies go. Does that make sense, Stuart?
[23:49.320 --> 23:53.320]  Do we still have Stuart?
[23:54.320 --> 23:57.320]  Does that make sense, Stuart?
[23:58.320 --> 24:02.320]  That's okay, okay. Let me tell you how to handle that
[24:03.320 --> 24:08.320]  Okay, stop, stop. I can fix that
[24:08.320 --> 24:11.320]  I can fix that. Stuart!
[24:12.320 --> 24:14.320]  Stuart, hey, Stuart, Stuart, Randy's trying to talk to you
[24:15.320 --> 24:16.320]  Yeah, okay, I'm listening, go ahead
[24:17.320 --> 24:23.320]  Okay, when you go down to the clerk's office, go to security, there's a couple of them right there in the front
[24:24.320 --> 24:27.320]  Tell them I need security, come with me
[24:28.320 --> 24:33.320]  Then you go to the clerk, tell them what record you want
[24:33.320 --> 24:40.320]  And if they give you any stuff, hand them a written request, I need you to provide this record for my inspection right now
[24:41.320 --> 24:47.320]  And if they give you any crap, ask the security to take a complaint against them
[24:48.320 --> 24:55.320]  When I go to a clerk with security in tow, I guarantee you I get their attention
[24:56.320 --> 25:01.320]  It's a violation of open records laws if they don't give you the record that you're asking for
[25:01.320 --> 25:08.320]  Or unless they either have to give you the record or they have to, in writing, say that it does not exist one or the other
[25:09.320 --> 25:11.320]  Otherwise, they're committing a crime
[25:12.320 --> 25:13.320]  We don't pull any punches around here
[25:14.320 --> 25:22.320]  In this case, since it's the county clerk, they fall under Article 1.24 Code of Criminal Procedure
[25:23.320 --> 25:27.320]  All courts shall be public
[25:27.320 --> 25:32.320]  That is not hard to understand, and they will tell you real quick they don't fall under Open Records Act
[25:33.320 --> 25:38.320]  And you tell them you know that, they fall under Article 1.24 Government Code and it's just as restrictive
[25:39.320 --> 25:42.320]  Now does the county clerk's office, that falls under open records?
[25:43.320 --> 25:43.320]  No
[25:44.320 --> 25:48.320]  Okay, so neither the district clerk nor the county clerk falls under open records?
[25:49.320 --> 25:55.320]  No, they fall under Article 1.24 Government Code, it amounts to the same thing, a violation of either one is a Class A misdemeanor
[25:55.320 --> 26:02.320]  The Open Records Act is not a civil statute, it's a criminal statute
[26:03.320 --> 26:07.320]  They will tell you, well if they don't give you a record, you need to file a suit
[26:08.320 --> 26:11.320]  No, it's not a civil statute, it's penal
[26:12.320 --> 26:18.320]  The violation of 552 Government Code is Class A misdemeanor, official misconduct, stated in the code
[26:18.320 --> 26:30.320]  The violation of 1.24 Government Code is a violation of the law relating to their office, denying the citizen full and free access to or enjoyment of life, 39.03 Penal Code, Class A misdemeanor, official oppression
[26:31.320 --> 26:33.320]  So either one is a Class A misdemeanor
[26:34.320 --> 26:44.320]  So if you expect them to give you a problem, bring security with you, that keeps them from calling security on you, and it really, really works
[26:44.320 --> 26:53.320]  They're going to be looking at security wondering why they're there, and if they ask them, security's going to tell them, well he wanted me here
[26:54.320 --> 26:56.320]  Now you've got their attention
[26:57.320 --> 27:06.320]  More than once, I've told the clerk, wait right here, I'll be right back, I need to get security, and they really get excited when I do that
[27:06.320 --> 27:17.320]  So if they're giving you a hard time, instead of them using security against you, you use security against them, you'll find it's a hooch
[27:21.320 --> 27:23.320]  Am I even still online right now, or do you guys have me online?
[27:24.320 --> 27:25.320]  Yeah, you're here, yeah you're up
[27:25.320 --> 27:39.320]  Yeah, I just want to let you know, I mean we are going down with a group of concerned citizens to confront the Commissioner's Court directly about this, and we've already done all these records requests, and they're either going to have the records or they're not, and the fact of the matter is they already can't produce them
[27:40.320 --> 27:41.320]  We've done all that already
[27:42.320 --> 27:44.320]  Well they need to give you a record
[27:45.320 --> 27:50.320]  Have they given you anything in writing saying that these records do not exist?
[27:51.320 --> 27:51.320]  Okay
[27:51.320 --> 27:56.320]  Have they given you anything in writing saying that the records do not exist?
[27:57.320 --> 27:58.320]  Did you hear what I said?
[27:59.320 --> 28:01.320]  No, we muted you, you won't stop talking
[28:02.320 --> 28:04.320]  I don't understand why you guys can't just give me 15 seconds
[28:05.320 --> 28:06.320]  Stop talking for a second
[28:07.320 --> 28:13.320]  You know, there are two of us on the radio, and when one's talking and the other's talking, we're only going to hear one
[28:14.320 --> 28:17.320]  And we're the hosts, we got the buttons
[28:17.320 --> 28:21.320]  I would like an opportunity to speak, and I mean if you guys aren't going to let me speak, I'll just stop
[28:22.320 --> 28:28.320]  Have they given you anything in writing saying the records do not exist?
[28:29.320 --> 28:31.320]  Of course not, what planet are you from? That's not how they operate
[28:32.320 --> 28:33.320]  That's how they operate with us
[28:34.320 --> 28:43.320]  Okay, I'll tell you what, if you just want to badger and try to take over the show, we can go on to the next subject, I think we've handled this one
[28:43.320 --> 28:49.320]  It's pretty clear what we need to do, and we certainly don't need to argue with you on the line
[28:50.320 --> 28:56.320]  You go down and request the records in writing, if they don't give you the records, file criminally against them
[28:57.320 --> 29:04.320]  And if you're going before the county commissioners, petition the commissioners for court warrant or removal of the officer
[29:04.320 --> 29:12.320]  They have to either submit the records that you are asking for, or they have to, in writing, say that they do not exist
[29:13.320 --> 29:21.320]  If they fail to do either one of those things, well, Randy would call 911, okay, we don't play with these people
[29:22.320 --> 29:24.320]  So
[29:25.320 --> 29:31.320]  You end up getting thrown in jail, I'm not playing the game that way, I've already played that game, I'm done playing it that way
[29:31.320 --> 29:37.320]  Now I'm going down with a group of people to confront the commissioners directly, and I'd like the general public to know about this in case they'd like to come down
[29:38.320 --> 29:46.320]  That's it, just want to let you people know about this, if you want to come down, voice your concerns Tuesday at 9, please come, if not, you know, whatever, it's all good
[29:47.320 --> 29:48.320]  Great, that would be great
[29:49.320 --> 29:50.320]  Awesome
[29:51.320 --> 29:54.320]  Okay, we'll address that shortly when we get back from break
[29:54.320 --> 30:13.320]  Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course that will show you how in 24 hours, step-by-step
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[31:20.320 --> 31:21.320]  Officer!
[31:51.320 --> 31:53.320]  Okay, we are back
[31:54.320 --> 32:04.320]  Alright, it's sad to see that people are having such trouble with open records, or I guess this court rules requiring these clerks to provide open records
[32:05.320 --> 32:12.320]  I've never really had a problem, Randy's never really had a problem, if they give us a problem, they're the ones that are going to get a problem
[32:12.320 --> 32:35.320]  It is a strategy to at this point go and pressure the commissioner's court, I would suppose, but if we really want to take this into the judiciary and file suit for removal of Dana from office by the court, we need to have paperwork
[32:35.320 --> 32:51.320]  We can't just say, well, we tried to get the documents, but they wouldn't give us anything, so what? I mean, we need to make them either give the documents or put it in writing that they don't have it, one or the other
[32:51.320 --> 33:14.320]  And if they're not doing either one, then you take it criminally to the clerks, and I guarantee you, the district court clerk is not going to want to go down over not providing records or not providing at least some kind of response concerning the bond over the county clerk
[33:14.320 --> 33:37.320]  That's just not going to happen, and that's why our law really is created beautifully. Every time we get to this point and we start digging into the statute, rarely do we find a circular statute, you know, like what would be almost a crisis if the county clerk would be the only one who would have anything to do with the record of our own bond
[33:37.320 --> 34:00.320]  That's why it's in the statute that the bond has to be held, the actual document, by the clerk of the district court so that there are checks and balances. This is a reasonable system, people. This is very reasonable, and I guarantee you, the clerk of the district court is not going to want to go to jail or suffer criminal charges being filed or having 911 called on her
[34:00.320 --> 34:29.320]  because she refuses to put it in writing that she cannot, there is no bond on record for the county clerk. They're not going to want to go down for each other. You get them feeding on each other like Randy says, it's called crabs in the bucket, and so I think the thing is, before we start, you know, taking it to all kinds of different venues for remedy, honestly, I really don't know how they're going to force the county commissioner's court to do anything about this
[34:30.320 --> 34:32.320]  I don't think the county commissioner's court has anything to say about it
[34:33.320 --> 34:36.320]  I don't think the county commissioner's court has any authority to do anything about it, to be honest
[34:37.320 --> 34:39.320]  It's not filed with them, it's not required by them
[34:40.320 --> 34:47.320]  It's the district court that has the power of quo warrento removal of a public servant from office anyway
[34:47.320 --> 35:10.320]  Actually, it's the district attorney, but what they could do with the district court is file a tort letter with them. Now, if you sue the county, that's who you would sue, and that would be in their purview, and that would get them real excited, but going down there and railing at them, they're just going to say, well, you know, it's not our responsibility
[35:11.320 --> 35:14.320]  Yeah, so the county commissioner's court cannot remove her anyway
[35:14.320 --> 35:26.320]  Yeah, what I'd suggest is you take a criminal complaint against her and Bushwhack Bob Perkins in his courtroom and drop the criminal complaints on him
[35:27.320 --> 35:41.320]  Well, it seems to me, push comes to shove, the bottom line is this, you need to complete the open records request or the rule request, the open court records request, however you want to terminologize it in this situation
[35:41.320 --> 35:57.320]  You need, once you go down that path, if that's where you're going to go, you need to complete the process, and not just say, oh, they won't give it to us, what planet are you living on? I mean, I kind of didn't really appreciate that, I mean, I think we know what we're doing after all this time
[35:57.320 --> 36:22.320]  Yeah, I'm living on earth, and I'm sure I'm living on earth because I was lost in Pennsylvania, and I stopped at some little town, if anybody goes to Pennsylvania, you'll always be lost, and I went into a Starbucks in a little town somewhere in Pennsylvania, and as I was walking in the door, this guy was walking in with me, and I said, hey, do you have any idea where I'm at?
[36:22.320 --> 36:31.320]  Do you have any idea where I'm at? And he stopped a second, like he thought, and then he looked me right in the eye and he said, earth
[36:31.320 --> 37:00.320]  I mean, we're about statutory remedies here mostly on this show, and I think that it works pretty well from what I've seen, you know, and it's kind of like, it's not really going to do much good if you're going to halfway go down that path, and then when you run into friction, or when, you know, you don't get your way immediately, just say, well, forget it, they're not going to give us a record, so we have to try to do something else, and it's not even, it's, the County Commissioners Court just doesn't even know that
[37:01.320 --> 37:25.320]  they don't have any statutory authority to remove Dana from office, so I don't really see the point in going there, but I mean, for a publicity stunt maybe, you know, just to raise a big stink about it, yeah, I mean, just to put, like, political pressure, you know, just to turn up the heat maybe, but like Randy said, if you really want to get her removed from office, you're going to have to do it according to statute, according to the proper statutory channels.
[37:25.320 --> 37:36.320]  I mean, the County Commissioners Court would be committing a crime if they removed her from office, right, Randy? They don't even have the authority to do that. Randy?
[37:37.320 --> 37:38.320]  Yeah, they don't have that authority.
[37:39.320 --> 37:40.320]  They don't have that authority, so why ask them?
[37:40.320 --> 37:57.320]  If you go to, if you make up a petition for a court of inquiry under Chapter 52, and take that petition down, and Bob Perkins is really a great guy, I kind of worked him over time or two, but I have to give him credit, he handled himself well.
[37:57.320 --> 38:11.320]  Just go down to his court, bushwhacking in the court, just tell the bailiff that you have business with the court, and when he asks the nature of the business, just give him this envelope, manila envelope, sealed.
[38:11.320 --> 38:35.320]  Give this to the judge, and when he opens it, he'll have a petition for court of inquiry asking him to examine into whether or not the clerk of the court is statutorily able to hold the position, maintaining that she has not met the statutory requirements,
[38:35.320 --> 38:43.320]  and included a petition for court warrant removal under Chapter 87 government code.
[38:44.320 --> 39:01.320]  But again, when you're going to do, when you're talking about doing that, Randy, and filing this suit, this petition, you have to come with proof, with evidence to the court that she doesn't have the bond, and what that would be is a response to a records request,
[39:01.320 --> 39:15.320]  where either the office of the county clerk, someone from the office of the county clerk, and I would say, and the office of the district court clerk would put it in writing, we do not have the record.
[39:16.320 --> 39:25.320]  That would be the proof, that would be the proof, not just we asked them for it and they didn't give it to us, or we can't find it, or whatever.
[39:25.320 --> 39:50.320]  Okay, I have been a bit pompous here. I didn't ask the right question. I didn't ask Stuart what was his purpose, what outcome was he trying to achieve, and not knowing that, I'm here giving pompous self-righteous advice, and I really don't even know where he was going. What's the point?
[39:50.320 --> 39:59.320]  Well, I'm pretty sure from what Karen has told me about all of this, that the point is to get Dana removed.
[40:00.320 --> 40:15.320]  Good. In that case, that dictates what we should do, and going to county commissioners won't help, but crafting a criminal complaint against the clerk, accusing her of impersonating a public official,
[40:15.320 --> 40:37.320]  and pushing to get to the grand jury with that, and bushwhacking a district judge with a petition for court of inquiry, and a demand for court of inquiry removal would probably be the most appropriate remedy.
[40:37.320 --> 40:48.320]  Now, Randy, but would the best course would be to wait to do that until you actually have something in writing back from these clerks saying they don't have the record?
[40:49.320 --> 40:54.320]  Or a failure to receive something within the specified 10 days which the rules of court granted.
[40:54.320 --> 41:10.320]  Under rules of court, these records don't fall under, wait a minute, maybe they do, these aren't court records, they're administrative records, so they may well fall under Open Records Act.
[41:11.320 --> 41:18.320]  Generally, the clerk will tell you that her records don't fall under the Open Records Act, but administrative records do. Only court records fall under-
[41:18.320 --> 41:25.320]  Okay, so it does fall under Open Records, that's what I thought all along. Yeah, I think it may. But in either case, it makes a little difference.
[41:26.320 --> 41:38.320]  The Open Records Act gives 10 business days, so the best calculation is 15 days outright, and then you're sure to be beyond the restriction.
[41:38.320 --> 41:54.320]  The rules of court say 10 days, so they get somewhat less time under rules of court. But put in the request and give them time to respond or not respond, and either one we don't care.
[41:54.320 --> 42:14.320]  When you put in the request, make sure you get it signed and initialed or dated, or have a witness. When they refuse to sign or date it, I always ask them, if I put you on a stand and ask you to testify about this, will you lie about me being here today?
[42:14.320 --> 42:30.320]  And they always say, oh no, no, no. But I've never had that particular problem. But to make sure, you will be able to testify that you were there that day and requested that day initial and date or sign and date.
[42:30.320 --> 42:43.320]  So that'll pretty well handle the court, even if they don't, even if they refuse to give it, because there's nothing that commands them to. So they don't have to.
[42:43.320 --> 43:03.320]  And then wait your 10 or 15 days. And after that 10 or 15 days, you have no duty to do anything else other than file criminal charges. You don't owe them any professional courtesy.
[43:04.320 --> 43:10.320]  But if it falls under open records, then they do have to tell you they don't have the record if they don't have it, right?
[43:10.320 --> 43:12.320]  Yes, they have to respond.
[43:13.320 --> 43:14.320]  Okay. That's what I thought.
[43:15.320 --> 43:21.320]  Well, that's the way I'd handle that. That's my story and I'm sticking to it.
[43:22.320 --> 43:28.320]  Okay. That's what I thought all along. I mean, all along I thought that this was an open record situation.
[43:28.320 --> 43:40.320]  Okay. We've got this guy coming up next and he has a strange spelling to his name. Knowing him, it says D-A-N, but I think there should be an M between the A and the N.
[43:41.320 --> 43:49.320]  Okay. We've got Dan from Connecticut, Dan Reel and also Mark Adams on the line. So we're going to go to Dan and Mark and we get back on the other side.
[43:50.320 --> 43:51.320]  Mark who?
[43:51.320 --> 43:57.320]  This is, I know, it's been a while since he's called in. We'll be right back.
[44:21.320 --> 44:23.320]  We'll be right back.
[44:51.320 --> 44:59.320]  To learn how to stop debt collectors now.
[45:21.320 --> 45:23.320]  Would you purposefully die?
[45:24.320 --> 45:37.320]  Black to Santa, I'm a soldier, a warrior of love, scouple and the key to the peace. All I've taken is my misunderstanding. If somebody calls the police, watch with a spot-spot.
[45:37.320 --> 45:57.320]  Watch with a spot-spot. Watch with a spot-spot. Watch with a spot-spot.
[45:57.320 --> 46:17.320]  Okay, we are back. We're going to your calls. We're going to Dan in Connecticut now. Hey Dan, thanks for calling in. What's on your mind?
[46:18.320 --> 46:19.320]  Really good day today.
[46:20.320 --> 46:21.320]  Excellent.
[46:22.320 --> 46:23.320]  Yeah, I bagged my first credit card company.
[46:24.320 --> 46:25.320]  Alright.
[46:25.320 --> 46:29.320]  Yeah, Randy, you might want to check your email. They're offered to settle us there.
[46:30.320 --> 46:31.320]  Oh cool.
[46:32.320 --> 46:35.320]  Yeah, pretty much wiped out the debt, you know, offered to give us that.
[46:36.320 --> 46:38.320]  Was this with the Mike Maris method?
[46:39.320 --> 46:42.320]  No, it is the Dan Reel slash Randy Kelton tort letter method.
[46:43.320 --> 46:44.320]  Alright.
[46:45.320 --> 46:49.320]  Yeah, this started about a little less than a year ago.
[46:50.320 --> 46:51.320]  Tort letters work.
[46:51.320 --> 46:57.320]  The goal here was to, you know, A, stop the ridiculous calls even though they were continually being paid.
[46:58.320 --> 47:04.320]  B, kind of wipe out the debt and C, get a little bit of cash on top of it. I think we've pretty much achieved all three of those.
[47:05.320 --> 47:10.320]  Good news. We like to hear a win on occasion.
[47:10.320 --> 47:20.320]  Yeah, I figured you might want to hear about that. Basically, it was 15 USC 1692C they violated, which is ceasing communications.
[47:21.320 --> 47:28.320]  And we kind of pointed that out and, you know, the call stopped. So we figured, nah, you know, let it go. But they started again.
[47:29.320 --> 47:36.320]  And as soon as they, you know, really started, you know, going on again, we figured, okay, you know, drag them into small claims, try to go after them for $3,500.
[47:36.320 --> 47:43.320]  You know, they kind of met us halfway, you know, basically wiping out credit card and giving a thousand on top of that for our troubles.
[47:44.320 --> 47:46.320]  So, yeah, it went over pretty good.
[47:47.320 --> 47:49.320]  Good news. Always good when you get money back.
[47:50.320 --> 47:51.320]  Yeah, that's always a good thing.
[47:52.320 --> 47:54.320]  You know, you really should donate that to Randy's beer fund.
[47:55.320 --> 48:03.320]  I think I'm probably going to donate it to Dan's oil tank fund because it is New England and there's too much global warming for me to really deal with here.
[48:03.320 --> 48:06.320]  That is great news.
[48:07.320 --> 48:08.320]  Great news, Dan.
[48:09.320 --> 48:13.320]  Well, at least you shouldn't donate a nickel. I've had one nickel in that for so long I don't remember.
[48:14.320 --> 48:15.320]  I think we can do a nickel.
[48:16.320 --> 48:18.320]  It needs to be a Buffalo nickel.
[48:19.320 --> 48:29.320]  But anyway, yeah, you know, keep up the good work. I just wanted to call in briefly and let you know and extend my regards to you. Mark, what's his name?
[48:29.320 --> 48:34.320]  I forget, some chump debarred or disbarred attorney.
[48:35.320 --> 48:39.320]  Yeah, something like that. He must have bought a corrupt system down there or something.
[48:40.320 --> 48:42.320]  Yeah, I think he got lost. We haven't heard from him in a while.
[48:43.320 --> 48:45.320]  All right. Well, in any case, take it easy. I'll talk to you later.
[48:46.320 --> 48:46.320]  Thank you, Dan.
[48:47.320 --> 48:52.320]  All right, great. We're going now to Mark Adams. Hey, Mark, thanks for calling in. What's on your mind?
[48:52.320 --> 49:20.320]  Oh, hey, I was just listening to the problems with the public records request or open records request, and my experience has been that when people don't get an answer, it's because they haven't shown the public employee that they actually have, you know, produced a record request and have the ability to show that they did produce it.
[49:20.320 --> 49:39.320]  I mean, for instance, what I always do if I'm making a request of a court clerk and they don't just cough the records right away, then I pull out a letter which says, pursue it to Florida law and cite the statute, cough these records up, or explain yourself.
[49:39.320 --> 49:53.320]  And by the way, it's a crime, pursue it to this Florida statute if you fail to produce the records or respond. And I give them the original, and I say, here, let me have a date-stamped copy of that.
[49:53.320 --> 50:15.320]  And so the little deputy clerk takes that back to the main clerk, and then the main clerk frets and moans and does something usually along the lines of produce the records or give me a letter saying, oh, we don't have those records, even if they do have them, but they just wanted to make them disappear.
[50:15.320 --> 50:31.320]  In Amarillo, I was in Amarillo and they wouldn't give the records, so I went and got security. And while I'm talking to security, trying to get security to arrest them, lo and behold, the clerk, the elected clerk came out with the records.
[50:32.320 --> 50:32.320]  Right.
[50:33.320 --> 50:39.320]  And then I wouldn't take them. I told them, that bell's already been rung.
[50:39.320 --> 50:49.320]  They try to blow people off that don't make an appropriate request and don't have the ability to document the fact that they made an appropriate request.
[50:50.320 --> 50:58.320]  And so, you know, it sounds like to me the person is not making an appropriate request or not making one which they can document.
[50:59.320 --> 51:07.320]  Or he didn't understand the steps in the procedure. Once you understand the steps in the procedure, it's real easy. I want to see these records. You can't see these records.
[51:07.320 --> 51:12.320]  Right. I don't have these records. Here, sign this. Initially, tell me you don't have the records.
[51:13.320 --> 51:21.320]  That's the steps. If they won't sign it, then you go get security and ask them in front of security. Now you got to witness.
[51:22.320 --> 51:23.320]  You're talking about Texas, right?
[51:24.320 --> 51:24.320]  Yeah.
[51:25.320 --> 51:25.320]  Okay, see.
[51:26.320 --> 51:26.320]  That'd probably work anywhere.
[51:26.320 --> 51:36.320]  I deal with Florida and then of course the federal law has, for federal agencies, is the Freedom of Information Act. So that's the FOIA request.
[51:37.320 --> 51:48.320]  And so you have to know which, you know, which state you're in and who you're requesting the records from and know how the law works in that particular state.
[51:48.320 --> 51:58.320]  But in general, all records are supposed to be open. In fact, they're supposed to, all government records are supposed to be open under the freedom of the press.
[51:59.320 --> 52:09.320]  And Patrick Henry, for instance, said, the liberties of a people never were nor ever will be secure when the transactions of their rulers may be concealed from them.
[52:10.320 --> 52:16.320]  And so under freedom of the press, all government records were supposed to be open to any citizen at any point in time.
[52:16.320 --> 52:23.320]  And they didn't start having secret records until World War I.
[52:24.320 --> 52:32.320]  So now we have the whole system where we have to jump through hoops to make them produce things.
[52:33.320 --> 52:37.320]  Okay, Mark, tell us, where have you been? What have you been up to?
[52:38.320 --> 52:42.320]  Oh, I've just been rocking the boat down here in Florida, you know, the usual.
[52:42.320 --> 52:56.320]  There's all kinds of stuff going on. We've got the thing down in Lee County that's gotten, you know, they've been trying to sweep it under the rug, but they've broken a bunch more rules.
[52:56.320 --> 53:11.320]  And, you know, I've just caught them shuffling the appellate panel, which is contrary to Florida's constitution. So that would be a felony.
[53:12.320 --> 53:20.320]  And then also there's the statewide grand jury that is investigating government corruption.
[53:20.320 --> 53:29.320]  And there's a couple other attorneys who rocked the boat a little bit who are pushing to get in there.
[53:30.320 --> 53:45.320]  And I haven't started doing anything with that yet, but it looks like one of them is putting the Florida Supreme Court on the spot big time right now about getting into the statewide grand jury.
[53:45.320 --> 53:49.320]  Good news. Good news on that shortly.
[53:50.320 --> 54:06.320]  Good news. I'm looking at proposing legislation. And what I wanted to say is that any public official who violates a ministerial duty is, without exception, subject to civil litigation.
[54:07.320 --> 54:09.320]  Subject to summary execution?
[54:09.320 --> 54:14.320]  I thought about that, but I settled for civil litigation.
[54:15.320 --> 54:19.320]  Civil litigation might be more likely to get passed.
[54:20.320 --> 54:22.320]  I thought that that's kind of already the way it was, Randy.
[54:22.320 --> 54:43.320]  No, what the courts have said that judges are immune even from ministerial decisions. I wanted to say without exception are subject to civil litigation. When we can sue the judge for clearly violating a law relating to his office, things will begin to change.
[54:44.320 --> 54:50.320]  Yeah, but the thing is the Supreme Court case law already says that they can't do it in a ministerial capacity.
[54:50.320 --> 55:09.320]  I have case law that says you cannot. So the problem they would have is this is in a state and this is state business. You may not be able to sue the federal judge because you could sure sue the state judge and the feds would have to abide by the state statute.
[55:09.320 --> 55:29.320]  Yeah, and I want legislation that's going to give a stipend to the grand juries so that they can have a staff counsel and that they would not be taking advice from the prosecutor, that they would be able to fund forensic scientific investigations, laboratory analysis of their own,
[55:29.320 --> 55:41.320]  pay for private investigators so that they can do their own investigations and commence their own prosecutions and indictments and not just be a little rubber stamp the prosecutor anymore. That's the legislation I want to see.
[55:42.320 --> 55:49.320]  I want the grand juries to have every funding and tool at their disposal that the state prosecutor has and more.
[55:50.320 --> 55:51.320]  Well, that's the way it used to be.
[55:52.320 --> 55:53.320]  And that's the way we need to have it again.
[55:54.320 --> 55:54.320]  Right.
[55:54.320 --> 56:22.320]  And that includes, by the way, the fancy bronze engraved sign on their door like every other office down at the criminal justice center because the grand jury room has an eight and a half by 11 piece of paper with a comic sans serif font printout that says grand jury taped with a scotch tape to the door. It's ridiculous.
[56:22.320 --> 56:25.320]  It's a laughing stock, really.
[56:26.320 --> 56:32.320]  Right. They usually, the federal grand juries, they usually hide them as well as possible from the public.
[56:33.320 --> 56:47.320]  Well, in some courts, the grand jury doesn't even have a door to their office that accesses the hallway. The only way you can get to the grand jury office is through the prosecutor office. That's ridiculous.
[56:48.320 --> 56:48.320]  Totally ridiculous.
[56:48.320 --> 57:10.320]  I mean, at least in Travis County, you know, there is a door from the hallway to the grand jury office, but it's right next to the prosecutor's office and, of course, there's a back door connecting the offices and, like I said, you've got the eight and a half by 11 piece of paper that says grand jury and comic sans serif font taped to the door. You know, I mean, give me a break already.
[57:10.320 --> 57:20.320]  Well, you know, Deborah, I mean, since we're a government of the people, by the people and for the people, we have to beg, of course, some prosecuting prints to prosecute crimes, right?
[57:21.320 --> 57:22.320]  Well, I don't think so.
[57:23.320 --> 57:24.320]  By his princely brethren.
[57:25.320 --> 57:33.320]  I don't know. I still like the summary execution portion of the bill. I think it's real popular with the public.
[57:33.320 --> 57:44.320]  Someone asked me the other day, well, it's been a couple of months ago, what should we do to get government under control? And I said, legalize dueling.
[57:45.320 --> 57:46.320]  Legalize dueling.
[57:47.320 --> 57:48.320]  Oh, boy.
[57:49.320 --> 57:50.320]  Yeah, but judges only get blanks.
[57:51.320 --> 57:56.320]  I got a better idea. Bring back the tar feather and rail.
[57:57.320 --> 57:58.320]  Right, right.
[57:58.320 --> 58:02.320]  All right. Well, listen, we're going to break. Mark, would you hang on the line, please?
[58:03.320 --> 58:03.320]  Sure.
[58:04.320 --> 58:14.320]  Okay. Mark Adams from Florida. We've got Kelly and Brian from Texas. Gail from Minnesota will be taking your calls on the other side. This is the rule of law.
[58:14.320 --> 58:27.320]  Randy Kelton, Eddie Craig, Deborah Stevens. We'll be right back after the top of the hour news.
[59:44.320 --> 01:00:12.320]  The Associated Press reports only one cent of every dollar the $317 million the U.S. government is giving for Haiti's relief
[01:00:12.320 --> 01:00:21.320]  is going to the Haitian government. 40 cents of every dollar is going to the U.S. military for security and 36 cents to U.S. disaster relief.
[01:00:22.320 --> 01:00:25.320]  So far, only 10 cents of every dollar has been spent on food.
[01:00:26.320 --> 01:00:36.320]  In other news from Haiti, Prime Minister Jean-Max Belrive told CNN trafficking in children and human organ harvesting is occurring in the aftermath of the quake.
[01:00:36.320 --> 01:00:43.320]  Belrive said Haiti is trying to locate displaced children so they can be reunited with family members or put up for adoption.
[01:00:44.320 --> 01:00:47.320]  Adding illegal child trafficking is one of Haiti's biggest problems.
[01:00:48.320 --> 01:00:53.320]  Venezuelan President Hugo Chavez says he will write off Haiti's oil debt.
[01:00:54.320 --> 01:01:04.320]  Chavez also announced the Bolivarian Alliance for the Americas is making an immediate donation of 20 million to Haiti's health sector, the first installment of 100 million.
[01:01:04.320 --> 01:01:09.320]  Top of the hour news brought to you by INN World Report.
[01:01:10.320 --> 01:01:14.320]  The Council of Europe's inquiry into the swine flu pandemic occurred on Wednesday.
[01:01:15.320 --> 01:01:22.320]  Drug companies had manipulated the World Health Organization into downgrading its definition of pandemic so they would cash in on the outbreak.
[01:01:23.320 --> 01:01:30.320]  The inquiry heard the WHO allegedly softened its criteria for declaring an H1N1 flu pandemic last spring.
[01:01:30.320 --> 01:01:47.320]  Weeks before announcing there was a worldwide outbreak, critics said the decision was driven by drug companies desperate to recoup the billions of dollars they had spent researching and developing pandemic vaccines after the bird flu scares of 2006 and 2007.
[01:01:47.320 --> 01:02:03.320]  Following the organization's declaration of a pandemic, the UK Department of Health warned of 65,000 pending deaths, set up a special advice line and website, and suspended normal rules so anti-flu drugs to be given without prescription.
[01:02:04.320 --> 01:02:12.320]  However, with just 250 deaths in Britain and 14,000 worldwide, the WHO is being asked to account for its actions.
[01:02:12.320 --> 01:02:23.320]  Barack Obama vowed in his State of the Union address Wednesday not to give up on his ambitious legislative agenda.
[01:02:24.320 --> 01:02:32.320]  Obama promised to focus intently on jobs, and with health care reform delayed in the wake of the recent Republican victory in Massachusetts, he told Democrats,
[01:02:32.320 --> 01:02:47.320]  the people expect us to solve some problems, not run for the hills, adding, if the Republican leadership is going to insist that 60 votes in the Senate are required to do any business at all in this town, then the responsibility to govern is now yours as well.
[01:02:47.320 --> 01:03:01.320]  Top of the hour news brought to you by INN World Report.
[01:03:01.320 --> 01:03:16.320]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech talk radio at its best.
[01:03:31.320 --> 01:03:58.320]  Okay, we are back.
[01:03:58.320 --> 01:04:01.320]  We're on the line here with Mark Adams.
[01:04:02.320 --> 01:04:03.320]  We're taking your calls.
[01:04:04.320 --> 01:04:07.320]  And we've got Kelly from Texas.
[01:04:08.320 --> 01:04:10.320]  Oh, the screen just flipped out.
[01:04:11.320 --> 01:04:11.320]  Here we go.
[01:04:12.320 --> 01:04:14.320]  All right, Kelly, thanks for calling in.
[01:04:15.320 --> 01:04:15.320]  What's on your mind tonight?
[01:04:16.320 --> 01:04:19.320]  Hi, I am calling in regarding a DWI arrest.
[01:04:19.320 --> 01:04:30.320]  It was my son, who's 21, was arrested and charged with DWI on December 27th in Cedar Park, which is Williamson County, as you know.
[01:04:31.320 --> 01:04:34.320]  So I have a couple of questions regarding this.
[01:04:34.320 --> 01:04:48.320]  He went to the arraignment yesterday, on the 27th, and one of the issues is that he was not actually driving the vehicle when he was arrested.
[01:04:49.320 --> 01:04:50.320]  And let me back up a little bit.
[01:04:51.320 --> 01:05:00.320]  I went to your website today and I ordered the jurisdictionary.com program and spoke to Dr. Graves a little bit this afternoon.
[01:05:00.320 --> 01:05:04.320]  And so I wanted to just run a couple of things by you all.
[01:05:05.320 --> 01:05:26.320]  On the fact that he was not actually driving the vehicle, I looked up in the penal code under the Section 49.04, and it clearly states that the person has to be operating the vehicle while intoxicated.
[01:05:26.320 --> 01:05:43.320]  Well, he was sleeping in the vehicle in a McDonald's parking lot and woke up, and the keys, I think, were on the floorboard of the car, and woke up to cops surrounding him and ended up getting arrested for a DWI.
[01:05:44.320 --> 01:05:51.320]  So that's the first question, is how can he get arrested for a DWI when he wasn't even driving the vehicle?
[01:05:52.320 --> 01:05:54.320]  Because cops make stuff up and arrest people all the time.
[01:05:54.320 --> 01:05:56.320]  Yeah, because they're idiots.
[01:05:57.320 --> 01:05:58.320]  They're Nazis.
[01:05:59.320 --> 01:06:10.320]  Yeah, not condoning the fact, I mean, he should have not even gotten near the keys to the car while he was drinking like that, but at least he had enough sense not to drive and stayed and was trying to sleep.
[01:06:10.320 --> 01:06:30.320]  So anyway, so at this point, that was one of the things that Dr. Graves told me that this course will show us how to look up laws and do certain things and get the confidence and know to go into court to ask for ourselves, or he can do it for himself.
[01:06:30.320 --> 01:06:39.320]  So that's one of the things. So anyway, so we went into court yesterday, and he did have an... Okay, question. Which court?
[01:06:40.320 --> 01:06:45.320]  George, the Williamson County, let's see, number three.
[01:06:46.320 --> 01:06:47.320]  I've got a question for you, too.
[01:06:48.320 --> 01:06:49.320]  Uh-huh.
[01:06:50.320 --> 01:06:52.320]  First, the DUI is going to be county court.
[01:06:53.320 --> 01:06:57.320]  Yes. And I've got a question for you, too. Can you afford an attorney?
[01:06:57.320 --> 01:07:00.320]  Can we afford one?
[01:07:01.320 --> 01:07:02.320]  Yeah.
[01:07:03.320 --> 01:07:09.320]  Well, yeah, I mean, we can probably make provisions, too, but I didn't think that was a good idea.
[01:07:10.320 --> 01:07:18.320]  Well, I mean, there's bad attorneys and there's good attorneys, and if you can afford an attorney, you're going to be in a much better position than you would be without an attorney.
[01:07:18.320 --> 01:07:31.320]  And, you know, of course, buy-in jurisdictionary so you can understand the basic rules of procedure and evidence and stuff is important, too, so that you know that your attorney is doing the right thing, but...
[01:07:32.320 --> 01:07:39.320]  And talking to me about some of the things you can do to beat the crap out of them before you get the attorney.
[01:07:40.320 --> 01:07:46.320]  If you get the attorney first, he won't let you file the good motions, and I've got a whole stack of really good motions.
[01:07:46.320 --> 01:07:58.320]  Right. I mean, and then, of course, like you talk about all the time, and, you know, I point out to people is they can have an attorney appear as co-counsel with them, and that way you can still...
[01:07:59.320 --> 01:08:08.320]  Mark, you're going to like this. Have your son ask for court-appointed counsel after you filed a large set of motions.
[01:08:08.320 --> 01:08:15.320]  Yeah. Wait a minute. Didn't this happen on private property, so how does the charge of DUI apply anyway?
[01:08:16.320 --> 01:08:19.320]  Well, he was in the McDonald's parking lot, so is that private property?
[01:08:20.320 --> 01:08:21.320]  Yes, it is.
[01:08:21.320 --> 01:08:22.320]  Yes.
[01:08:22.320 --> 01:08:23.320]  Okay.
[01:08:23.320 --> 01:08:25.320]  They only have authority to enforce that law in the public service.
[01:08:25.320 --> 01:08:31.320]  And besides, no doubt that he was not engaged in commerce anyway, so none of the transportation code applies anyway.
[01:08:31.320 --> 01:08:38.320]  Don't forget now, this falls under penal code as well as transportation code, so that's not the issue.
[01:08:39.320 --> 01:08:44.320]  The issue here is where he was and what he was doing when the officer saw him.
[01:08:45.320 --> 01:08:57.320]  In other words, he arrested him without a warrant, which the officer can only do if someone reported him as driving and committing a felony, or if the officer witnessed him committing any other criminal act.
[01:08:57.320 --> 01:09:02.320]  I mean, in my opinion, they had no probable cause to even say anything to him.
[01:09:03.320 --> 01:09:04.320]  No, they didn't.
[01:09:04.320 --> 01:09:13.320]  The only thing we're thinking is possibly a McDonald's person could have called. We're not sure if the police officer just drove by and saw him sleeping in his car.
[01:09:14.320 --> 01:09:17.320]  Yeah. Did the McDonald's person give him a sobriety test to determine he was drunk?
[01:09:18.320 --> 01:09:19.320]  No, exactly. No.
[01:09:20.320 --> 01:09:25.320]  Did he testify to the McDonald's person that he was drinking so he was going to fall asleep in their parking lot?
[01:09:25.320 --> 01:09:26.320]  No.
[01:09:27.320 --> 01:09:32.320]  Then all they did was call the cops and say, some guy's out here sleeping in our car or in his car in our lot.
[01:09:33.320 --> 01:09:40.320]  How could it be DUI if he was asleep? I mean, maybe trespassing or something or loitering, but DUI and he's asleep? I don't get it.
[01:09:41.320 --> 01:09:43.320]  Unless he's both sleep, drinking and driving.
[01:09:43.320 --> 01:09:58.320]  Well, in Florida, for instance, because DUI is a state law issue, but in Florida, for instance, if you have your keys in the ignition, the courts have said that you can be found guilty of DUI.
[01:09:59.320 --> 01:10:04.320]  But in this case, the keys were not in the ignition.
[01:10:05.320 --> 01:10:06.320]  Correct.
[01:10:06.320 --> 01:10:07.320]  Was anyone with your son?
[01:10:07.320 --> 01:10:08.320]  No.
[01:10:08.320 --> 01:10:11.320]  Now, does the police report say the keys were on the floor?
[01:10:11.320 --> 01:10:20.320]  Well, that's the thing. We've got to go to the courts hopefully tomorrow and get the records from the counties to see exactly what is in the record.
[01:10:21.320 --> 01:10:29.320]  Well, the police report would be usually, at least in Florida, the police report would be something you would obtain from the police agency that made the arrest.
[01:10:30.320 --> 01:10:38.320]  Yeah. Not only that, you definitely want a copy of the criminal complaint to see how it's worded because you're about to hang these officers for aggravated perjury.
[01:10:38.320 --> 01:10:44.320]  Because the statute's very clear that he has to be on the highway operating the vehicle here in Texas.
[01:10:45.320 --> 01:10:57.320]  And if they testify that they pulled him over and gave him anything or tested him or whatever, then they're already lying through their teeth or testifying, as Randy says.
[01:10:57.320 --> 01:11:07.320]  If they wrote in that complaint that he was sleeping in his car, they've blown their whole case, which means it's now aggravated assault and aggravated kidnapping because they have no probable cause.
[01:11:07.320 --> 01:11:28.320]  Okay. Well, let me tell you this. We got some information from somebody, so he filed a couple of affidavits. One of them was demanding an appointment for an attorney, a court-appointed attorney, and then filed an affidavit of his ability to pay and inform a pauper's affidavit.
[01:11:28.320 --> 01:11:41.320]  The judge just totally, and then he was told not to fill out the financial form that they were giving everybody just to put an X through it and put C, filed affidavit of inability to pay.
[01:11:41.320 --> 01:12:03.320]  So basically, he was refusing to fill out the financial form, so the judge was just livid, like, you're refusing to fill out this form? He said, well, you're applying for, asking for a court-appointed attorney is denied.
[01:12:03.320 --> 01:12:16.320]  And then he looked at all the other things because he had four of them. One of them was special appearance attacking the jurisdiction of the court and written arraignment because of he was sleeping in his car, you know, and then a demand to dismiss.
[01:12:17.320 --> 01:12:30.320]  So he started looking at that, and one of the things that was listed in this affidavit is that he was not in commerce at the time of arrest, and he read the word commerce, and he just tossed it over and said, just set a motion.
[01:12:30.320 --> 01:12:36.320]  I'm going to, I tell you what, I'm going to just set a motion of hearing, and you can just explain all of this to me in court.
[01:12:37.320 --> 01:12:44.320]  And then he handed it to the bailiff, and he told the bailiff something like, oh, we've got another Texas something, like a protester or something like that.
[01:12:45.320 --> 01:12:52.320]  Yeah, they do that every time somebody mentions the word commerce or stands up for their rights, they declare them to be Republic of Texas.
[01:12:52.320 --> 01:12:59.320]  Well, that would seem to me that the judge is biased and you could ask for disqualification based on that.
[01:13:00.320 --> 01:13:08.320]  And that's what I was thinking, that the court reporter, I'm hoping the court reporter, I was all the way in the back, so I didn't hear, he said Texas something, but I didn't hear what he said.
[01:13:09.320 --> 01:13:19.320]  But I'm hoping the court reporter got what he said because he definitely laughed and just kind of like, and my son was the only one that was denied a court-appointed attorney,
[01:13:19.320 --> 01:13:31.320]  and my son was the only one that did not, he didn't call him back up to find out what his plea was because he was pleading, he didn't plead guilty or not guilty, he pleaded no jurisdiction.
[01:13:32.320 --> 01:13:40.320]  And so he was just totally going, you know, not following the instructions of his court, and he wasn't liking that at all, the judge wasn't.
[01:13:40.320 --> 01:13:54.320]  So at this point, you know, and then he's got, they took his driver's license, they issued him a permit to drive for 40 days, which that's going to expire in about eight days.
[01:13:55.320 --> 01:14:04.320]  So do we need to file a motion to renew his driving privileges? Because he's actually a process driver, so he serves legal papers, so he drives a lot for work.
[01:14:04.320 --> 01:14:10.320]  Okay, well, he's got, they've got two problems here. One, there's only two ways for them to take that license.
[01:14:11.320 --> 01:14:18.320]  He either has to already be convicted of the DUI or there has to be an administrative review procedure hearing to revoke it.
[01:14:19.320 --> 01:14:24.320]  If neither one of those has been done, they have no authority to suspend his license.
[01:14:24.320 --> 01:14:33.320]  Okay, so they took it and he's got this permit, so what does he do? I mean, when the 10 days is, when the 40 days is up, what does he do?
[01:14:34.320 --> 01:14:45.320]  Well, again, he needs to demand that the license be returned. They have not convicted him, nor has there been an ARP to take it away from him.
[01:14:45.320 --> 01:14:53.320]  Because he's entitled to attend the ARP if they have one, and he has to be notified that they've had one.
[01:14:54.320 --> 01:15:05.320]  Okay, so what do I, how do we find this out? I mean, we went to court and nothing was mentioned about the driver's license because the judge just kind of said put his case aside and said we'll just set a trial.
[01:15:06.320 --> 01:15:10.320]  So he's got a pre-hearing trial, a pre-trial hearing set for March 1st.
[01:15:10.320 --> 01:15:15.320]  Well, that would be where he wants to have his motion to dismiss her.
[01:15:16.320 --> 01:15:18.320]  The motion to dismiss the whole case.
[01:15:19.320 --> 01:15:26.320]  Yeah, but I mean, now obviously Randy and Eddie and stuff, this is, you know, it takes his law, but that's what I would say.
[01:15:27.320 --> 01:15:38.320]  But at the same time, you know, Randy, you know, like Randy pointed out, if you get a bunch of motions in and then get an attorney in the case and, you know, if you get the attorney in the case.
[01:15:38.320 --> 01:15:39.320]  Yeah, this is what I did.
[01:15:40.320 --> 01:15:46.320]  I filed a motion with 21 due process violations in it, then got them to appoint me counsel.
[01:15:47.320 --> 01:15:58.320]  First thing I told my attorney, you failed to properly adjudicate every single one of those due process issues and I'll file a bar grievance against you for each one.
[01:15:59.320 --> 01:16:00.320]  Oh boy.
[01:16:01.320 --> 01:16:02.320]  Scared the crapola out of him.
[01:16:03.320 --> 01:16:05.320]  Ruined his career before it even starts.
[01:16:05.320 --> 01:16:15.320]  So along those lines, you might want to fill out the forms so that the judge will at least approve the, you know, court appointed counsel.
[01:16:16.320 --> 01:16:23.320]  Well, the only problem I have with that advice, not that it's going to do any good to have the opinion at the moment, you need to do it.
[01:16:23.320 --> 01:16:36.320]  But the thing is, is the state constitution says you have the right to assistance of counsel to deny you that right because of paperwork is absolutely unconstitutional and unlawful.
[01:16:37.320 --> 01:16:42.320]  But we had submitted the paperwork and he filed the paperwork of affidavit of inability to pay.
[01:16:43.320 --> 01:16:43.320]  Right.
[01:16:44.320 --> 01:16:46.320]  Wait a minute, hold on, we're going to break, Kelly.
[01:16:47.320 --> 01:16:47.320]  Okay.
[01:16:48.320 --> 01:16:49.320]  Okay, you want to stay on until the other side?
[01:16:50.320 --> 01:16:51.320]  Yes, because I need to get more information.
[01:16:51.320 --> 01:16:52.320]  Okay, all right, we'll be right back.
[01:16:53.320 --> 01:16:54.320]  And then after Kelly, we've got Brian from Texas.
[01:16:55.320 --> 01:16:56.320]  We'll be right back.
[01:16:57.320 --> 01:16:58.320]  Thank you.
[01:16:59.320 --> 01:17:03.320]  Do you feel tired when talking about important topics like money and politics?
[01:17:04.320 --> 01:17:06.320]  Are you confused by words like the Constitution or the Federal Reserve?
[01:17:07.320 --> 01:17:07.320]  What?
[01:17:08.320 --> 01:17:11.320]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:17:12.320 --> 01:17:18.320]  Hi, my name is Steve Holt and like millions of other Americans, I was diagnosed with stupidity at an early age.
[01:17:18.320 --> 01:17:24.320]  I had no idea that the number one cause of the disease is found in almost every home in America, the television.
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[01:17:59.320 --> 01:18:21.320]  Okay, we are back.
[01:18:22.320 --> 01:18:24.320]  All right, go ahead, Kelly.
[01:18:24.320 --> 01:18:28.320]  Kelly, you were in the middle of telling us something before we went to break.
[01:18:29.320 --> 01:18:35.320]  Okay, yeah, at this point, I need to find out by filing the motion exactly what to do to proceed here.
[01:18:36.320 --> 01:18:40.320]  Okay, go to my website, jurisimprudence.com.
[01:18:41.320 --> 01:18:45.320]  That's jurisimprudence, not prudent.
[01:18:45.320 --> 01:18:53.320]  And top frog on the left-hand side, click on that frog and read that document behind it.
[01:18:54.320 --> 01:18:59.320]  It's a really habeas corpus for a kid out of Montgomery County, but it walks down due process.
[01:19:00.320 --> 01:19:10.320]  These are the things they are supposed to do, which they didn't do, which will have nothing to do with the DUI, only to do with what happened after the DUI.
[01:19:10.320 --> 01:19:18.320]  I have filed these documents a couple of times in Williamson County, and they wound up gotten mine thrown out.
[01:19:19.320 --> 01:19:20.320]  Mine was a DUI.
[01:19:21.320 --> 01:19:26.320]  And a woman on her fourth DUI, they dealt that, that would have got her 35 to life.
[01:19:27.320 --> 01:19:31.320]  They dealt it down to class speed misdemeanor, time served, just get her out of my jail.
[01:19:31.320 --> 01:19:41.320]  So you can contact me after the show and I'll send you a copy of these documents, and you can adjust them to your case and get them filed in the case.
[01:19:42.320 --> 01:19:42.320]  Okay.
[01:19:43.320 --> 01:19:51.320]  And then move for quarter point counsel, and when you get counsel, you let him know that you're going to bar-grieve him every time he breathes the wrong direction.
[01:19:52.320 --> 01:19:52.320]  Okay.
[01:19:53.320 --> 01:19:56.320]  That'll get your counsel in a position where he has to fight for you.
[01:19:56.320 --> 01:20:06.320]  Okay. I actually sent Randy, I'm not sure if this is Randy or not, but I sent you an email, a couple of emails today, as it was the same email to the two addresses that you have.
[01:20:07.320 --> 01:20:09.320]  So how would I get in touch with you?
[01:20:10.320 --> 01:20:13.320]  That'll work. I'll respond to the emails. I probably just hadn't read them yet.
[01:20:13.320 --> 01:20:26.320]  Okay. So, all right. So then I'll just wait to, so are you saying to go to the, I'm trying to, I was just on that, I saw those frogs earlier and I can't find it right now.
[01:20:27.320 --> 01:20:34.320]  So just go to the top left frog and then how do I know what to do as far as filing them?
[01:20:35.320 --> 01:20:36.320]  Pardon me?
[01:20:37.320 --> 01:20:38.320]  How do I know what to do with those?
[01:20:38.320 --> 01:20:44.320]  Oh, no, that's going to tell you what they're supposed to do. I'll get you some information on how to file and such.
[01:20:45.320 --> 01:20:46.320]  Okay.
[01:20:46.320 --> 01:20:57.320]  It's relatively simple. We can walk through that. You just take it down to the clerk, have the clerk stamp it and send a copy to the prosecutor and it's filed.
[01:20:58.320 --> 01:21:03.320]  Okay. And then we'll file that and then is it just one form?
[01:21:03.320 --> 01:21:07.320]  No, it's about three or four documents. It's rather extensive.
[01:21:08.320 --> 01:21:10.320]  Okay. And then we want to file all four of those?
[01:21:11.320 --> 01:21:12.320]  Yes.
[01:21:12.320 --> 01:21:15.320]  Okay. And then what about for the driver's license?
[01:21:16.320 --> 01:21:20.320]  That's a separate issue. Eddie could speak to that better than me.
[01:21:20.320 --> 01:21:35.320]  Okay. Because that's something that if, you know, let's say if in 10 days, I mean, it's about eight days from now, if he's driving and gets stopped, is it going to be suspended? According to that permit, it is. So what does he do in that case?
[01:21:36.320 --> 01:21:46.320]  Then you need to go back to the court. What they probably will do is reinstate until he gets to trial without you having to take on the driver's license issue along with everything else.
[01:21:46.320 --> 01:21:53.320]  That's something you'd be better to take on within a lawsuit. If you get too many fights going, you won't be able to keep up with all of them.
[01:21:54.320 --> 01:21:58.320]  Right. Right. So go back to the court without an appointment or what do we...
[01:21:59.320 --> 01:22:11.320]  No. If this is going to expire before you go to court again, then you need to file a motion with the court asking them to reinstate until the case is litigated.
[01:22:11.320 --> 01:22:21.320]  And you can talk to Eddie about the fact that they're not allowed to do this and raise that issue.
[01:22:22.320 --> 01:22:23.320]  Okay.
[01:22:24.320 --> 01:22:27.320]  Give them reason to just reinstate so they don't have to get in that extra fight.
[01:22:27.320 --> 01:22:40.320]  Okay. Now here's what they've done. What they've done is they have used Section 521.341 of the Texas Transportation Code. However, they have misused it.
[01:22:40.320 --> 01:22:59.320]  And here's what it says, requirements for automatic license suspension except as provided by Sections 521.344D through Subsection I, a license is automatically suspended on final conviction of the license holder.
[01:23:00.320 --> 01:23:01.320]  Okay.
[01:23:02.320 --> 01:23:05.320]  Not on accusation of the license holder.
[01:23:06.320 --> 01:23:07.320]  Right.
[01:23:07.320 --> 01:23:15.320]  Okay. Now let's go down to 344D through I real quick.
[01:23:16.320 --> 01:23:26.320]  Subsection D, except as provided by Subsection E in Section 521.342B during a period of probation. Is he on probation?
[01:23:27.320 --> 01:23:28.320]  No.
[01:23:28.320 --> 01:23:40.320]  Okay. On E, after the date is passed for the probation according to the Department of Records for successful completion of the educational program that he was assigned to on conviction. He ain't been convicted, right?
[01:23:41.320 --> 01:23:43.320]  No. He's got no prior anything, nothing.
[01:23:44.320 --> 01:23:49.320]  Right. So they are misapplying and abusing that section of the statute.
[01:23:50.320 --> 01:23:51.320]  Isn't that a crime?
[01:23:52.320 --> 01:23:53.320]  That is a crime.
[01:23:53.320 --> 01:24:00.320]  That is a crime. They have taken his license without any due process. That's a crime.
[01:24:01.320 --> 01:24:06.320]  That's called official oppression in Texas. It's violation of 39.03 Penal Code.
[01:24:07.320 --> 01:24:21.320]  Okay. All right. So in this, I mean, will you all help me at least get to the point where I can, because you all are rattling off things that I'm trying to write as fast as I can, but I don't know what this means.
[01:24:21.320 --> 01:24:24.320]  Well, you can always go back and listen to the archives, Kelly.
[01:24:25.320 --> 01:24:26.320]  Okay. Okay.
[01:24:27.320 --> 01:24:34.320]  And don't try to memorize it all at once. I will send you an email with some documents for you to read that will kind of bring you up to speed.
[01:24:35.320 --> 01:24:44.320]  Okay. Perfect. And Randy, if you can see, I sent an email to both of your email addresses today. So that's me.
[01:24:45.320 --> 01:24:46.320]  Okay.
[01:24:46.320 --> 01:25:03.320]  Okay. So I think the first thing that I need to do is get the license reinstated and then I guess get these motions filed and stuff. And then would we just go and present all this and hopefully it gets dismissed at that hearing that's set March 1st?
[01:25:04.320 --> 01:25:08.320]  Yes. You need to have the motions filed before that hearing.
[01:25:09.320 --> 01:25:10.320]  Yes.
[01:25:11.320 --> 01:25:14.320]  What was your subject line on the email?
[01:25:14.320 --> 01:25:20.320]  I think it was probably DWI arrests in Williamson County, something to that effect.
[01:25:21.320 --> 01:25:22.320]  I don't see it.
[01:25:23.320 --> 01:25:27.320]  Okay. I'm going to give you my email address over the...
[01:25:28.320 --> 01:25:35.320]  No, I wouldn't do it over the air. I'll check the other one. Send me another one just in case.
[01:25:36.320 --> 01:25:37.320]  Okay.
[01:25:37.320 --> 01:25:50.320]  While I'm looking through these, I do see an email that I got from someone who lives in Tennessee, but was being prosecuted in Alabama.
[01:25:51.320 --> 01:25:53.320]  No, that's not me. I'm right.
[01:25:54.320 --> 01:26:04.320]  I know. I know. This is not you, but I'd like to read this really quick. Glory to God. Praise the Lord in his goodness and blessings. Victory has been won in regard to my case. This guy's been hammering these guys.
[01:26:04.320 --> 01:26:33.320]  He sued them in the federal court, and all of a sudden, after they received a copy of my 52-page federal lawsuits, 42 years ago, 1983, against civil rights violations, the prosecuting attorney dismissed the case because the municipal officers were enforcing a state law that had not been codified into student law.
[01:26:34.320 --> 01:26:40.320]  They had it into municipal code, and therefore, they had no subject matter jurisdiction.
[01:26:41.320 --> 01:26:48.320]  I sent him an email back and said, these guys didn't just lose. They shot themselves in the head.
[01:26:49.320 --> 01:26:59.320]  They admitted they didn't have subject matter jurisdiction from the beginning. That means absolutely zero immunity from civil litigation.
[01:26:59.320 --> 01:27:18.320]  And on yours, we will get to that on these guys. This taking of the license, absolutely zero jurisdiction, and stopping him in a parking lot for sleeping in a car, and then charging him with driving on the highways, these guys got a problem.
[01:27:19.320 --> 01:27:23.320]  They depend on no one fighting them.
[01:27:23.320 --> 01:27:28.320]  So, we'll talk about filing a bunch of...
[01:27:29.320 --> 01:27:37.320]  I mean, transfers from Cedar Park to Williamson County and Georgetown. Now, of course, you know, he was drinking. He was wrong in that, but he wasn't doing what they charged him.
[01:27:38.320 --> 01:27:39.320]  He was doing what he should have done.
[01:27:40.320 --> 01:27:42.320]  Exactly. He didn't drive.
[01:27:42.320 --> 01:27:56.320]  They arrested him for doing what he should have done. So, they really need their butts kicked, and we'll get you a set of motions to address the issues, and then we need to help you prepare a tort letter to file against the county.
[01:27:57.320 --> 01:28:00.320]  I got good tort letters.
[01:28:01.320 --> 01:28:09.320]  Oh, yes. I asked Eddie why he held back and didn't say what he meant. He scorched the paper.
[01:28:09.320 --> 01:28:22.320]  But, yeah, we can help you with that. It's way too complex to do it all on this show. We've only got two segments left, and I once did four hours going through due process solid.
[01:28:23.320 --> 01:28:31.320]  It didn't get through all of it. So, it is a little complex, but once you begin to get the details, that's why I want you to read that Riddahabes corpus.
[01:28:31.320 --> 01:28:44.320]  You'll get the details in place, and then when I start talking about these things, you'll make connections. You'll understand why I'm saying this because of these steps they were supposed to take and didn't.
[01:28:45.320 --> 01:28:52.320]  Okay. And then, so are you saying that we will have like a case against the county or the Cedar Park police?
[01:28:53.320 --> 01:28:54.320]  Oh, big time.
[01:28:54.320 --> 01:29:06.320]  Okay. And I'm trying to pull up my email right now to find out what the subject matter was so I can give you that. My computer is being slow, so.
[01:29:07.320 --> 01:29:15.320]  Well, that's okay. Just you can go to the website and click on the rule of law radio. That should get it to me.
[01:29:16.320 --> 01:29:22.320]  It might have gotten dumped or might have lost a packet on the way over or something.
[01:29:22.320 --> 01:29:25.320]  Okay.
[01:29:26.320 --> 01:29:29.320]  Okay, listen. We're about to go to break.
[01:29:30.320 --> 01:29:30.320]  Okay.
[01:29:31.320 --> 01:29:36.320]  And we have a couple other callers. So, Kelly, have we answered pretty much most of your questions for now?
[01:29:37.320 --> 01:29:38.320]  Yes. Thank you very much.
[01:29:39.320 --> 01:29:43.320]  Okay. Very good. All right. Thank you, Kelly. All right. That's what we're here for. We're here to help people.
[01:29:44.320 --> 01:29:49.320]  All right. We'll be right back after this short break. This is the rule of law.
[01:29:49.320 --> 01:29:52.320]  The rule of law.
[01:30:19.320 --> 01:30:22.320]  All right.
[01:30:49.320 --> 01:30:52.320]  The rule of law.
[01:31:19.320 --> 01:31:40.320]  Okay. We are back. We're taking your calls. We got Brian and Gail.
[01:31:40.320 --> 01:31:48.320]  And before we go back to the call board, I just wanted to bring up another point concerning this bond issue of the county clerk.
[01:31:49.320 --> 01:31:59.320]  I got an email from one of our listeners, Mitchell in Texas, bringing up the point that in local government code 82.001B,
[01:32:00.320 --> 01:32:08.320]  it says that in lieu of the clerk obtaining the bond, the county may self-insure losses that would have been covered by the bond.
[01:32:08.320 --> 01:32:15.320]  And so this could be the possibility that there is no bond for Dana.
[01:32:16.320 --> 01:32:25.320]  All right. However, Eddie and I were discussing this on the break. If she doesn't get a bond, the county can self-insure the clerk.
[01:32:26.320 --> 01:32:33.320]  However, that technically still is a bond. It's just the only difference is who would be liable to pay,
[01:32:33.320 --> 01:32:39.320]  whether it would be a private bonding company or whether it would be the county.
[01:32:40.320 --> 01:32:47.320]  Yeah, the county directly. And the county would still have to put something into the record showing that they have made that offer to cover her bond
[01:32:48.320 --> 01:32:51.320]  theirself so that there's an official accountability for the bond.
[01:32:51.320 --> 01:33:02.320]  Right. It wouldn't just be like a default thing. It says that the county may self-insure losses. It doesn't say the county shall or the county must.
[01:33:03.320 --> 01:33:10.320]  It's at the county's option. Now, who would make that decision? I don't really know. Who would make that decision, Eddie?
[01:33:11.320 --> 01:33:13.320]  Well, it'd probably be the commissioner's court.
[01:33:13.320 --> 01:33:26.320]  Hmm. But the point is there would have to be an official decision made and it would have to be recorded through the normal recording process
[01:33:27.320 --> 01:33:33.320]  and the document would have to be filed with the county clerk of the court as well.
[01:33:33.320 --> 01:33:43.320]  So either way, there still has to be something recorded with the county clerk's office and the document would still have to be deposited with the county district clerk's office.
[01:33:44.320 --> 01:33:49.320]  I mean the district, yeah, the county, the court, the district court clerk's office.
[01:33:50.320 --> 01:33:56.320]  All right. We are going now to Brian in Texas. Brian, thanks for calling in. What's on your mind tonight?
[01:33:57.320 --> 01:33:57.320]  Hello.
[01:33:58.320 --> 01:33:58.320]  Hello.
[01:33:59.320 --> 01:34:00.320]  I'm a first-time caller.
[01:34:00.320 --> 01:34:02.320]  Oh. Well, thank you for calling in.
[01:34:03.320 --> 01:34:14.320]  Yes. Here in Austin, I was listening just at the time you guys, about 845, were talking about Dana Dubois and her oath of office and bond.
[01:34:15.320 --> 01:34:28.320]  And I was down there today at the airport location to investigate this a little closer and Dana Amelia Sambisco do not have anything in public record.
[01:34:28.320 --> 01:34:30.320]  Did you get that in writing?
[01:34:31.320 --> 01:34:41.320]  Actually, I actually had a Travis County official, a senior member, a 15-year tenure, sit down and show me where I could locate it.
[01:34:42.320 --> 01:34:53.320]  He could not find it either and I had a witness with me today and while we were looking for it, this attractive woman behind us was curious what we were doing.
[01:34:53.320 --> 01:35:01.320]  She was looking into the public record for foreclosures coming up this first Tuesday of next month.
[01:35:02.320 --> 01:35:10.320]  And she was wondering if we were looking for foreclosures and I said, no, we're looking for the oath of office for Dana who is in this office.
[01:35:11.320 --> 01:35:17.320]  She goes, what is that all about? And she came over and looked and the man showed her that he couldn't find it.
[01:35:17.320 --> 01:35:25.320]  And we put it in writing a week ago, myself and another gentleman, Cray, and they couldn't produce it last week either.
[01:35:26.320 --> 01:35:38.320]  And so we went to Amelia's office just after that, around 420 today, and Amelia's office didn't have any record of her oath of office or anything of Dana's.
[01:35:38.320 --> 01:35:48.320]  But you have not received anything in writing from anyone saying, in writing, we cannot find this document. They're just telling you verbally that they can't find it.
[01:35:49.320 --> 01:35:55.320]  Right there in front of us, they're telling us there's nothing in the public record but no official written response, no.
[01:35:56.320 --> 01:36:03.320]  If you guys, if you could get that in writing, that would really seal the deal for taking it into court.
[01:36:03.320 --> 01:36:20.320]  Earlier this week, I contacted Don Mansoor, who is the risk manager for Travis County, and contacted his office, made him aware of the situation.
[01:36:21.320 --> 01:36:31.320]  And just there before you came on to take my call, you were mentioning about self-bonding. And that was his out. Well, we can self-insure.
[01:36:31.320 --> 01:36:37.320]  It says the county can self-insure. It doesn't say that the official can self-insure.
[01:36:38.320 --> 01:36:49.320]  It says that the county can self-insure because the point of the bond, the point of the public servant having a bond is to protect the county from having to foot the bill, not the official.
[01:36:50.320 --> 01:36:55.320]  Yes, and you should have asked, did you self-insure and where is the evidence?
[01:36:55.320 --> 01:37:02.320]  Well, I went down this path a year ago and I will stop at the Texas Association of Counties.
[01:37:03.320 --> 01:37:09.320]  And they have a document that's online that says, Texas laws for Texas counties to follow.
[01:37:10.320 --> 01:37:17.320]  And there's a simple little matrix that shows the code to the right and what the function is in the middle and what they're to do.
[01:37:17.320 --> 01:37:30.320]  And it says right in there, they're to make and file bonds at the county records. And so Dan Montseur calls back and what we did was talk to him about the Constitution.
[01:37:31.320 --> 01:37:44.320]  It was a constitutional issue. And how does Travis County have the authority to override the legislature that passes the law in the Texas Constitution?
[01:37:44.320 --> 01:37:51.320]  And then he says, oh, we have a problem, don't we? I said, we have a huge problem.
[01:37:52.320 --> 01:37:57.320]  And so he called us back today and said that Amelia Rodriguez does have an oath of office in her office.
[01:37:58.320 --> 01:38:04.320]  And that's what led me down that path today with nothing when I left her office today.
[01:38:04.320 --> 01:38:13.320]  Well, then you demand it under open records. But back to the Dana issue concerning the bond.
[01:38:14.320 --> 01:38:23.320]  If you feel that you have a reasonable rapport with the people at the office that you went in person today,
[01:38:24.320 --> 01:38:31.320]  go down there and see if you can get them to put it in writing that they could not find the record that you requested.
[01:38:31.320 --> 01:38:34.320]  You could even write it up, write up a form letter yourself.
[01:38:35.320 --> 01:38:43.320]  Well, I wrote it in handwriting and it basically says this is a Public Information Act request. All conditions precedent apply.
[01:38:44.320 --> 01:38:57.320]  I request that you produce the following, oath of office, bond and oath, and anti-bribery statement, which there are three of those in for Dana,
[01:38:57.320 --> 01:39:03.320]  but for the year 2002, San Francisco, the same 2002.
[01:39:04.320 --> 01:39:09.320]  Right. Well, wait, wait, wait, hold on, hold on. It may be a good idea to make those separate requests for the separate officials.
[01:39:10.320 --> 01:39:17.320]  And then what I've done is that underneath the paragraph where you're requesting whatever document,
[01:39:17.320 --> 01:39:28.320]  I put another line with a little line next to it that says this document cannot be found or this record does not exist,
[01:39:29.320 --> 01:39:31.320]  where they can check that off and initial it.
[01:39:32.320 --> 01:39:39.320]  So they would either produce the document or they would check off on the box that says this document does not exist and then they sign it.
[01:39:39.320 --> 01:39:50.320]  And so that way you have it in writing one way or the other that they either give you the document or they check it off and initial and sign that the document does not exist.
[01:39:51.320 --> 01:39:59.320]  Do you see what I'm saying? And I think it's a good idea to keep these records requests separate for separate public officials.
[01:39:59.320 --> 01:40:10.320]  And in fact, I've even done separate requests for separate documents on one official because that keeps them from railroading you and dragging their feet.
[01:40:11.320 --> 01:40:17.320]  I mean, when I do FOIAs, I do a separate FOIA for every little teeny tiny thing I'm asking for.
[01:40:18.320 --> 01:40:25.320]  And that way they can't drag their feet and just take forever because you've given them a FOIA that's asking for everything under the sun.
[01:40:26.320 --> 01:40:27.320]  You see what I mean? I do see what you mean.
[01:40:27.320 --> 01:40:36.320]  But definitely with this thing that you're talking about that you hand wrote it, I mean, was this something that you presented to them today?
[01:40:37.320 --> 01:40:39.320]  I did last week and today.
[01:40:40.320 --> 01:40:46.320]  But there was nothing on there giving them the option to check off and sign that the document does not exist?
[01:40:47.320 --> 01:40:47.320]  No, I did not.
[01:40:48.320 --> 01:40:55.320]  See, that's where I'm headed with all of this. I want it in writing that they cannot find it, that the document does not exist.
[01:40:55.320 --> 01:41:00.320]  That's going to give us the strongest case.
[01:41:01.320 --> 01:41:10.320]  When I do that, I ask the clerk to write on the document or fill me out a response stating I have no records responsive to your request and sign it.
[01:41:11.320 --> 01:41:11.320]  Okay.
[01:41:11.320 --> 01:41:35.320]  Yeah, you may want to revise your document and print it out, type it into a word processor software word or something and print it out. And then, like I said, you have those statements down at the bottom with a little check box or just a line like four or five underscore characters where you check here an initial that this document does not exist.
[01:41:35.320 --> 01:41:42.320]  Okay. This document cannot be found. Actually, that's what I would put. This document cannot be located. This document cannot be found.
[01:41:43.320 --> 01:41:49.320]  And so that way, they either give you the document or they check it off and sign that it cannot be found.
[01:41:50.320 --> 01:41:52.320]  Okay, I'll go back down there tomorrow and do that again.
[01:41:52.320 --> 01:42:09.320]  If you guys get that, that's going to give you the strongest case because even under this government code, what we're talking about right now where it says in lieu of the clerk obtaining a bond, the county may self-insure that in and of itself is a bond and that would still have to be registered.
[01:42:10.320 --> 01:42:19.320]  It would still have to be recorded by the county clerk and that document would have to be deposited with the district court clerk. That's what we were just going over.
[01:42:19.320 --> 01:42:31.320]  There are two offices where this document, where there would be records of this document, it's recorded with the county clerk, which is, you know, Dana de Beauvoir's office down there at 51st and Airport.
[01:42:32.320 --> 01:42:39.320]  But that's not where the original document would be deposited or held. That would be with the district court clerk.
[01:42:40.320 --> 01:42:45.320]  And so that's where you would go to actually look at the real document or get a copy of it.
[01:42:45.320 --> 01:42:54.320]  Well, I did notice on the last sheet that shows the file stamp there was in handwriting, it did say put district clerk, and I didn't know what that meant.
[01:42:55.320 --> 01:43:00.320]  That means that it has to go, it has to be deposited with the district clerk. It's just recorded with the county clerk.
[01:43:01.320 --> 01:43:08.320]  Yeah, now do be aware that if you go ahead and get that document in writing, you no longer have to keep making weekly trips down to see if it's been updated.
[01:43:09.320 --> 01:43:13.320]  You have a set date and time in stone when it was supposed to have already been available.
[01:43:13.320 --> 01:43:18.320]  Right. And you know for a fact it was not. Right. So after that it's irrelevant.
[01:43:19.320 --> 01:43:26.320]  Everything she's done up to the date you got that letter or until the date they actually implement one has been unlawful to begin with. Right.
[01:43:27.320 --> 01:43:36.320]  Well, there are a number of us around Travis County that know about this, and my biggest problem is there's no unity in these efforts.
[01:43:36.320 --> 01:43:45.320]  Well, you don't really need it. It only takes one person to get it in writing from one person who works at that clerk's office to say that it doesn't exist.
[01:43:46.320 --> 01:43:53.320]  That's all you need. All you need is you, Brian. Just go get it in writing that the bond does not exist and we can take it from there and run.
[01:43:54.320 --> 01:43:56.320]  Okay, hold on. We got to go to break. We'll be right back.
[01:43:56.320 --> 01:43:57.320]  We got to go to break. We'll be right back.
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[01:45:25.320 --> 01:45:32.320]  Okay, we are back. This is the rule of law. We're speaking with Brian in Texas right now. We have Gail from Minnesota, Dale from Illinois.
[01:45:33.320 --> 01:45:36.320]  We're going to get to your calls. This is our final segment.
[01:45:36.320 --> 01:45:48.320]  Okay, Brian, you may want to go back and listen to the archive from the beginning of the show because we've discussed this at great length according to statute what needs to be done and how.
[01:45:49.320 --> 01:45:56.320]  And it really is not going to take a whole lot of us. Basically, people just need to know what the law is.
[01:45:57.320 --> 01:46:03.320]  Right. The issue is I'm calling out to Travis County for people next Tuesday to come down to the Commissioner's Court.
[01:46:03.320 --> 01:46:11.320]  We're posting notice next Monday that there is no bond of note once we perfect that and get that in writing. They check it off. They can't find it.
[01:46:12.320 --> 01:46:15.320]  24 hours notice under war powers is all that's required.
[01:46:16.320 --> 01:46:20.320]  Well, see, Brian, hold on. Hold on. We discussed this earlier in the show.
[01:46:21.320 --> 01:46:26.320]  The County Commissioner's Court has no statutory authority to remove the county clerk.
[01:46:26.320 --> 01:46:34.320]  Only the district attorney can do that. This is called a petition for quo warrant removal.
[01:46:35.320 --> 01:46:45.320]  So we need to look at what the proper channels are according to law in order to actually get this woman removed from office so that we're not wasting our time going to the wrong people.
[01:46:46.320 --> 01:46:49.320]  You were saying something under War Powers Act.
[01:46:49.320 --> 01:46:59.320]  Yes. Under War Powers, all that's required is 24 hours notice posted down there on the first floor of Travis County Courthouse at 9 a.m. on Monday morning.
[01:47:00.320 --> 01:47:06.320]  Tuesday, 9 a.m., walk into the Commissioner's Court. They've had 24 hours notice under war powers.
[01:47:07.320 --> 01:47:13.320]  And if they can't produce their bond, Mr. Biscoe and the commissioners, they have to vacate immediately.
[01:47:14.320 --> 01:47:17.320]  Are you talking about vacating the Commissioner's Court?
[01:47:17.320 --> 01:47:21.320]  Yes. Oh, good. OK. Now I understand why you're going down there.
[01:47:22.320 --> 01:47:25.320]  Yeah, you're not asking them to remove the clerk. You're asking them to remove themselves.
[01:47:26.320 --> 01:47:28.320]  Yes. I like that idea.
[01:47:29.320 --> 01:47:34.320]  And then right after that, there's foreclosures that are on the first Tuesday of the month.
[01:47:35.320 --> 01:47:42.320]  And several of us are working on placards right now to eliminate that on Tuesday because it's all fraud.
[01:47:42.320 --> 01:47:46.320]  It's up to Sally Ford. And I know what happens down there.
[01:47:47.320 --> 01:47:50.320]  I've stopped several foreclosures over the last five years and it's all a scam.
[01:47:51.320 --> 01:47:59.320]  So I'm just asking that, you know, we get at least 20 people or more and not everyone has to speak, but just the president.
[01:48:00.320 --> 01:48:05.320]  And the reason why I say this, the last hearing I had on the 6th of this month in front of Rhonda Hurley,
[01:48:05.320 --> 01:48:11.320]  it was a motion for sanctions and contempt of court by the plaintiff's attorney.
[01:48:12.320 --> 01:48:19.320]  And the hearing began off the record with the plaintiff's attorney and my cohort on the defendant's side.
[01:48:20.320 --> 01:48:24.320]  It was off the record. And I objected to Mr. Hopkins giving testimony.
[01:48:25.320 --> 01:48:28.320]  And the judge screamed at me right away and said I would get my turn.
[01:48:29.320 --> 01:48:33.320]  And she called recess, left the court, came back and already had an order ready.
[01:48:33.320 --> 01:48:36.320]  And I said, excuse me, ma'am, I haven't made my opening statement.
[01:48:37.320 --> 01:48:40.320]  And she goes, I thought your cohort spoke for you.
[01:48:41.320 --> 01:48:43.320]  I said, I didn't say that. And it was like I hit it with a cattle prod.
[01:48:44.320 --> 01:48:51.320]  And so I went on the record and put on the record because we had objected and taken an exception
[01:48:52.320 --> 01:48:56.320]  and moved the court for interlocutory appeal. And her response was, try your luck.
[01:48:56.320 --> 01:49:04.320]  I put that all on record. And my simple understanding is it's offer and acceptance.
[01:49:05.320 --> 01:49:07.320]  Contract is the law, law is the contract.
[01:49:08.320 --> 01:49:12.320]  And I told the judge I didn't have a contract with her, the state of Texas, the attorney.
[01:49:13.320 --> 01:49:14.320]  It doesn't have a fine.
[01:49:15.320 --> 01:49:16.320]  Okay. Wait a minute. There's a problem with that.
[01:49:16.320 --> 01:49:25.320]  The Texas Supreme Court has held is that the Uniform Commercial Code only applies to the purchase
[01:49:26.320 --> 01:49:27.320]  and sale of goods and services.
[01:49:28.320 --> 01:49:33.320]  And they're trying, people are trying to take that and apply it to a statutory situation.
[01:49:34.320 --> 01:49:35.320]  And it simply does not have purchase.
[01:49:36.320 --> 01:49:38.320]  I understand what you're saying.
[01:49:39.320 --> 01:49:43.320]  But what I was mentioning on the record is that I didn't have a contract with anyone in the courtroom
[01:49:43.320 --> 01:49:45.320]  that I shouldn't even have been here.
[01:49:46.320 --> 01:49:49.320]  And she left in the middle of my opening statement, never adjourned to court.
[01:49:50.320 --> 01:49:54.320]  The court reporter is still typing and the attorney ran out and immediately the sheriff came in.
[01:49:55.320 --> 01:49:56.320]  Is everything okay in here?
[01:49:57.320 --> 01:50:03.320]  Isn't there case precedent, Randy, that the judge advocates the bench while court is in session
[01:50:04.320 --> 01:50:07.320]  without a recess, the dismissal is automatic?
[01:50:08.320 --> 01:50:11.320]  If there is, I'm not aware of it.
[01:50:11.320 --> 01:50:16.320]  Randy, haven't you also said that by being within the physical boundaries of the state,
[01:50:17.320 --> 01:50:18.320]  you're automatically contracting with the state?
[01:50:19.320 --> 01:50:23.320]  Well, on penal statutes you are.
[01:50:24.320 --> 01:50:30.320]  If you enter the boundaries of the state, you agree to abide by the penal laws of the state,
[01:50:31.320 --> 01:50:32.320]  but not other contracts.
[01:50:33.320 --> 01:50:37.320]  And that contract is only invoked if you breach one of the penal laws.
[01:50:37.320 --> 01:50:42.320]  But the commercial contracts, that's different.
[01:50:43.320 --> 01:50:46.320]  And the adhesion contracts, that's different.
[01:50:47.320 --> 01:50:50.320]  And that pretty much goes to commercial law.
[01:50:51.320 --> 01:50:53.320]  Were you there on a mortgage issue?
[01:50:54.320 --> 01:51:01.320]  No. Well, it started out as a tax, I was a substitute trustee foreclosed on a tax money.
[01:51:02.320 --> 01:51:03.320]  Okay?
[01:51:03.320 --> 01:51:06.320]  And so that trumps the mortgage.
[01:51:07.320 --> 01:51:12.320]  I have an affidavit from Nelderwell Spears saying that I have the same authority as she does
[01:51:13.320 --> 01:51:14.320]  to foreclose on this lien.
[01:51:15.320 --> 01:51:17.320]  And what I have done is made a loan to an individual for his taxes.
[01:51:18.320 --> 01:51:20.320]  He didn't pay me back, so I foreclosed on the lien.
[01:51:21.320 --> 01:51:24.320]  In the Texas Constitution, it mentions a special lien.
[01:51:25.320 --> 01:51:26.320]  But watch out for mortgage companies.
[01:51:26.320 --> 01:51:33.320]  Under the Texas Tax Code, that attorney has to come under 3408, challenging the validity of a tax bail.
[01:51:34.320 --> 01:51:39.320]  And he has to put into the registry of the court the amount of taxes, just like what I have paid.
[01:51:40.320 --> 01:51:42.320]  He did not. He has no verified pleading.
[01:51:43.320 --> 01:51:45.320]  He does not have a client, a plaintiff.
[01:51:46.320 --> 01:51:47.320]  He's a fictitious plaintiff.
[01:51:48.320 --> 01:51:50.320]  He's changed the plaintiff five times while he's shopping around.
[01:51:50.320 --> 01:51:56.320]  And the court has fabricated jurisdiction.
[01:51:57.320 --> 01:52:02.320]  And in this motion for sanctions and contempt, that's all the motion was about.
[01:52:03.320 --> 01:52:11.320]  The order that came back from the attorney that was written for the judge's instructions was not even close to what she had ordered.
[01:52:12.320 --> 01:52:13.320]  Okay, wait, wait. This is going on way too long.
[01:52:14.320 --> 01:52:15.320]  Did you sue the judge?
[01:52:16.320 --> 01:52:17.320]  He set aside the whole hearing in a motion.
[01:52:17.320 --> 01:52:20.320]  She disposed of the parties and the issues.
[01:52:21.320 --> 01:52:25.320]  Then file a cross complaint against the judge.
[01:52:26.320 --> 01:52:30.320]  I did file a cross, not a cross claim, but a counterclaim.
[01:52:31.320 --> 01:52:34.320]  And I've got Nelda Wells Spears as a party and the attorney.
[01:52:35.320 --> 01:52:36.320]  File against the judge.
[01:52:37.320 --> 01:52:38.320]  I have not put the judge in the case.
[01:52:39.320 --> 01:52:40.320]  Put the judge in the case.
[01:52:40.320 --> 01:52:49.320]  If you claim the judge acted without subject matter jurisdiction, the judge has zero immunity from suit on that issue.
[01:52:50.320 --> 01:52:57.320]  We did that in a credit card case and the judge recused himself immediately.
[01:52:58.320 --> 01:53:00.320]  Now they're jumping through hoops.
[01:53:00.320 --> 01:53:09.320]  You claim the judge has no subject matter jurisdiction and they'll come back and claim that the judge, when he's acting within his jurisdiction, can't be sued.
[01:53:10.320 --> 01:53:11.320]  That's what they did here.
[01:53:12.320 --> 01:53:14.320]  So we sued the county attorney for answering the suit.
[01:53:15.320 --> 01:53:25.320]  Because the allegation was, it's not what you can prove up, but the allegation that you make, we allege that the judge was without subject matter jurisdiction.
[01:53:25.320 --> 01:53:31.320]  He doesn't have a right to any public counsel until he proves up his jurisdiction.
[01:53:32.320 --> 01:53:33.320]  Sue the judge.
[01:53:34.320 --> 01:53:37.320]  Well, and the judge asked why we wanted to evidence your hearing because we had challenged-
[01:53:38.320 --> 01:53:40.320]  Okay, wait, we can't go through all the details because we've got two more callers.
[01:53:41.320 --> 01:53:41.320]  Okay.
[01:53:42.320 --> 01:53:45.320]  Yeah, Brian, why don't you call in tomorrow night and we can go through more tomorrow night.
[01:53:46.320 --> 01:53:46.320]  Okay, I'll do that.
[01:53:47.320 --> 01:53:48.320]  Okay, thanks, thanks.
[01:53:49.320 --> 01:53:50.320]  Okay, we're going to go to Dale in Illinois.
[01:53:51.320 --> 01:53:52.320]  He hasn't called in for a long time.
[01:53:52.320 --> 01:53:54.320]  Dale, thanks for calling in. What's on your mind?
[01:53:55.320 --> 01:53:59.320]  I was calling to try to get some information on how I should handle this.
[01:54:00.320 --> 01:54:09.320]  My dad has some property and ever since we tried to get a change of zoning, we've had a neighbor that moved in shortly after he bought his property.
[01:54:10.320 --> 01:54:15.320]  And he's just been just calling the county on us for anything possible.
[01:54:16.320 --> 01:54:19.320]  Even if we're not doing anything wrong, they call the county on us and they write us up or something.
[01:54:20.320 --> 01:54:21.320]  Due to him.
[01:54:21.320 --> 01:54:22.320]  Violations.
[01:54:23.320 --> 01:54:29.320]  Who, first off, find out what this guy's relationship is with the county that they'd be willing to come out and do such a thing.
[01:54:30.320 --> 01:54:35.320]  His wife actually works for the city for the animal control.
[01:54:36.320 --> 01:54:43.320]  Okay, here's what a city inspector in Denton suggested I do.
[01:54:43.320 --> 01:54:53.320]  Change your oil in your car and take it and dump it along this guy's back fence and then call the county and tell them you're dumping oil out there and you'll have to go get backhoes and haul it off to Louisiana.
[01:54:54.320 --> 01:54:55.320]  No.
[01:54:56.320 --> 01:54:57.320]  I didn't do that one.
[01:54:58.320 --> 01:55:02.320]  But call him on him. His wife works for the city. That'll give him a problem.
[01:55:03.320 --> 01:55:11.320]  Otherwise, there's really nothing you can do about him making the calls because we're essentially protected in that regard.
[01:55:11.320 --> 01:55:12.320]  Right.
[01:55:12.320 --> 01:55:15.320]  But you could well bring a harassment suit against him.
[01:55:16.320 --> 01:55:28.320]  Yeah, or you could bring one against the county since if you can show that what they're coming out and citing you for has no basis in law, they're just responding and reacting rather than following what the statute requires.
[01:55:29.320 --> 01:55:32.320]  Then you can go after the county directly and I bet they tell this guy to cram it.
[01:55:32.320 --> 01:55:46.320]  Well, we're just outside the city limits and the city wants to force us to annex into the city and we're refusing to, so they're just trying to harass us.
[01:55:47.320 --> 01:55:49.320]  Use extended jurisdiction?
[01:55:50.320 --> 01:55:51.320]  I'm sorry?
[01:55:52.320 --> 01:55:58.320]  If they're trying to use extended jurisdiction, then you can sue the individuals personally.
[01:55:58.320 --> 01:56:06.320]  I don't think they're trying to use extended jurisdiction. I think that they're trying to pressure him into succumbing to the annexation.
[01:56:07.320 --> 01:56:18.320]  No, you don't understand. That's what I was referring to. In order for them to be able to have any influence, the courts have allowed municipalities extended jurisdiction.
[01:56:19.320 --> 01:56:24.320]  You need to check and see if they have been granted extended jurisdiction beyond the city limits.
[01:56:24.320 --> 01:56:27.320]  Is it the city or the county that's harassing you?
[01:56:28.320 --> 01:56:32.320]  The county, but the city is calling the county and complaining.
[01:56:33.320 --> 01:56:36.320]  That's what I was trying to say. It's the county that's harassing you.
[01:56:37.320 --> 01:56:40.320]  But the city is doing what now?
[01:56:40.320 --> 01:56:54.320]  Well, the people from the city, this one neighbor that we have, he's getting everybody stirred up and basically telling them a bunch of hyped up stuff about us, which isn't true.
[01:56:55.320 --> 01:57:04.320]  Nobody's actually come to us to ask what we've been doing or what we want to do. He's just assuming what we're going to do and telling them, oh my gosh, they're going to do this, they're going to do that, and getting them all riled up.
[01:57:04.320 --> 01:57:11.320]  And they all call the city and then the city and all these other people are calling the county, too, to try to get violence and all that.
[01:57:12.320 --> 01:57:14.320]  Then file civil action against him for slander.
[01:57:15.320 --> 01:57:16.320]  Send tort letters.
[01:57:21.320 --> 01:57:24.320]  There's no easy answer when you have a problem with neighbors.
[01:57:24.320 --> 01:57:43.320]  Well, it sounds like it's more than a problem with a neighbor. It sounds like the city and the county are colluding behind the scenes to try to force Dale and Al to submit to annexing themselves within the municipality, probably because of revenue purposes.
[01:57:44.320 --> 01:57:46.320]  That's what it sounds like to me. It's not just the neighbor.
[01:57:46.320 --> 01:58:01.320]  Still, probably your best action is send your neighbor a tort letter accusing him of slandering you and fomenting litigation.
[01:58:02.320 --> 01:58:04.320]  And look up the statutes like what Eddie was saying.
[01:58:05.320 --> 01:58:06.320]  Okay.
[01:58:07.320 --> 01:58:10.320]  See if you can get a harassment suit against the county.
[01:58:10.320 --> 01:58:18.320]  Okay, we need to wrap it up because we're at the end of the show. Thank you, Dale, for calling in.
[01:58:19.320 --> 01:58:20.320]  Gail, I'm sorry we couldn't get to your call.
[01:58:21.320 --> 01:58:26.320]  We had a lot of calls tonight. Tomorrow we have a four-hour show, so callers call in tomorrow night.
[01:58:27.320 --> 01:58:28.320]  We'll be back at 8 p.m.
[01:58:29.320 --> 01:58:31.320]  And, Dale, you're welcome to call back tomorrow night as well.
[01:58:32.320 --> 01:58:34.320]  Brian, also, you're welcome to call back in.
[01:58:34.320 --> 01:58:41.320]  Stay tuned right now for Endless Fraud Detection with Steve Skidmore and Neil Switkowski in the morning.
[01:58:42.320 --> 01:58:46.320]  Rise Up Radio with John Bush and Katherine Bleich, 7 to 10 a.m.
[01:58:47.320 --> 01:58:49.320]  We'll be back tomorrow evening.
[01:58:49.320 --> 01:59:06.320]  This is Randall Kelton from Rule of Law Radio. Many of you have been helped by the informative programming on 90.1.
[01:59:07.320 --> 01:59:13.320]  Now 90.1 needs your help. The operators of 90.1 are in a legal battle with the FCC to stay on the air,
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