[00:00.000 --> 00:04.560]  This news brief brought to you by the International News Network.
[00:04.560 --> 00:10.920]  In northern Afghanistan, 60 fighters and 19 civilians were killed Sunday as rival groups
[00:10.920 --> 00:13.200]  fought in bloody clashes.
[00:13.200 --> 00:18.280]  The fighting took place between Taliban and Hezbi Islami fighters.
[00:18.280 --> 00:23.720]  More than 15 countries are participating Monday in International Women's Day in marches, panels
[00:23.720 --> 00:24.720]  and broadcasts.
[00:24.720 --> 00:29.120]  In New York, the UN is holding events on women's rights in Palestine.
[00:29.120 --> 00:33.920]  The panels featuring indigenous women and ministers for gender equality.
[00:33.920 --> 00:39.520]  Women's Day was first celebrated in the US in 1909 to commemorate women workers who took
[00:39.520 --> 00:44.280]  to the streets to end appalling conditions in US sweatshops.
[00:44.280 --> 00:50.160]  Officials in human rights groups in Nigeria said Monday 492 people had died in weakened
[00:50.160 --> 00:53.200]  violence near the central city of Joss.
[00:53.200 --> 00:58.640]  The victims were Christians killed by Muslim herdsmen, apparently in reprisal for similar
[00:58.640 --> 01:01.280]  attacks on Muslims in January.
[01:01.280 --> 01:08.480]  Top of the hour news brought to you by INN World Report.
[01:08.480 --> 01:13.840]  The UK government will attempt Monday to have a case about torture heard behind closed doors
[01:13.840 --> 01:19.120]  in a move some lawyers say would override ancient principles of English law.
[01:19.120 --> 01:23.880]  A case will come before appeal judges in London in which seven men are seeking damages against
[01:23.880 --> 01:29.120]  the government for mistreatment during their extraordinary rendition and torture facilitated
[01:29.120 --> 01:31.240]  by British security services.
[01:31.240 --> 01:36.640]  The men include former Guantanamo detainees Binyan Mohamed and Moazam Beg.
[01:36.640 --> 01:40.800]  The government is seeking to have the case held in secret less than two weeks after the
[01:40.800 --> 01:46.320]  court of appeal ruled that seven paragraphs of secret evidence in the Mohamed case be
[01:46.320 --> 01:47.560]  made public.
[01:47.560 --> 01:54.920]  Louise Christian, who represents Martin Mubanga, a former Guantanamo detainee, said, quote,
[01:54.920 --> 01:59.960]  this is really about the government avoiding embarrassment for the reality of their collaboration
[01:59.960 --> 02:02.480]  with the US.
[02:02.480 --> 02:08.080]  A prominent rights group urged the Obama administration Sunday not to back down in the face of fierce
[02:08.080 --> 02:13.560]  opposition to its plans to try alleged 9-11 plotters in civilian court.
[02:13.560 --> 02:18.680]  The Obama administration had announced it would try self-confessed 9-11 mastermind Khalid
[02:18.680 --> 02:24.000]  Sheikh Mohammed and four others at a New York courthouse, but the plan met a backlash from
[02:24.000 --> 02:30.440]  Republican lawmakers who have introduced legislation to require a military trial, throwing a challenge
[02:30.440 --> 02:33.920]  to Obama months ahead of midterm elections.
[02:33.920 --> 02:39.000]  The American Civil Liberties Union asked in a full-page New York Times ad, headlined,
[02:39.000 --> 02:44.560]  what will it be, Mr. President, a portrait of Obama gradually morphed into Bush, followed
[02:44.560 --> 03:10.600]  by the question, change or more of the same?
[03:44.560 --> 04:12.080]  All right, bad boys, bad boys, what are you going to do when we come for you, Eddie,
[04:12.080 --> 04:16.800]  Randy and Deborah?
[04:16.800 --> 04:24.000]  Tonight is Eddie's night, Monday night is Eddie's night, and Eddie, you are going to
[04:24.000 --> 04:29.160]  give us some kind of historical perspective here, looking at the old code of criminal
[04:29.160 --> 04:37.720]  procedure versus the new code and what happened, what went wrong, what are they doing wrong?
[04:37.720 --> 04:40.200]  What are they doing now, Eddie?
[04:40.200 --> 04:43.760]  Well, that seems to, that's the plan, let's see how well it works.
[04:43.760 --> 04:48.480]  Okay, we've talked over the past couple of shows about the state constitution, specifically
[04:48.480 --> 04:56.680]  Article 5, Section 12B and Article 5, Section 17, specifically in Section 17 and 12B where
[04:56.680 --> 05:03.480]  it states that an indictment or information conveys jurisdiction to the court, and under
[05:03.480 --> 05:09.760]  Section 17 where it says that all misdemeanor cases shall be looked into by the grand jury
[05:09.760 --> 05:14.360]  and indictments handed down to the district court, who will then in turn hand those indictments
[05:14.360 --> 05:19.320]  down to the court of jurisdiction being the county or other inferior courts.
[05:19.320 --> 05:26.040]  Now the county only has two other inferior courts, they are the justice and municipal
[05:26.040 --> 05:27.760]  courts.
[05:27.760 --> 05:34.720]  Now what we've been looking at, Randy and I have discussed, is in 1.141 of the code
[05:34.720 --> 05:40.080]  of criminal procedure, this is what it read in 1977.
[05:40.080 --> 05:43.640]  And for those of you that want to read along to how the new one looks so you can see the
[05:43.640 --> 05:49.320]  distinctive differences as we get to them by example, look online to the new version
[05:49.320 --> 05:54.560]  under 1.141, the numbering has not changed in those two sections.
[05:54.560 --> 06:00.600]  A person represented by legal counsel may in open court or by written instrument voluntarily
[06:00.600 --> 06:09.480]  waive the right to be accused by indictment of any offense other than a capital felony.
[06:09.480 --> 06:17.680]  On waiver as provided in this article, the accused shall be charged by information.
[06:17.680 --> 06:29.920]  Now notice that this did not limit the waiver to just a felony, it said to any offense other
[06:29.920 --> 06:38.400]  than a capital felony, meaning one for which you can receive death as the punishment, okay?
[06:38.400 --> 06:44.400]  Now a misdemeanor is any offense, okay?
[06:44.400 --> 06:50.240]  It's not punishable as a capital felony, but it's punishable nonetheless.
[06:50.240 --> 06:56.400]  Since section 17 of the state constitution says that the grand jury shall look into all
[06:56.400 --> 07:00.960]  misdemeanors, they would qualify, would they not?
[07:00.960 --> 07:06.080]  Now since the constitution says that only an indictment or information can grant jurisdiction
[07:06.080 --> 07:09.880]  to the court, let's see how 1.41 plays that out for us.
[07:09.880 --> 07:17.140]  What I want to do is I'm going to give you some of the notes of decisions out of this
[07:17.140 --> 07:21.180]  annotated version of the code from 1977.
[07:21.180 --> 07:24.000]  The first one is on validity.
[07:24.000 --> 07:30.040]  This article permitting person represented by counsel to waive formal accusation or presentment
[07:30.040 --> 07:36.400]  of grand jury indictment in non-capital felony case was not violated of constitution article
[07:36.400 --> 07:43.160]  1 section 10 requiring an indictment in all felony cases or of constitution article 5
[07:43.160 --> 07:46.200]  section 8 governing jurisdiction of district courts.
[07:46.200 --> 07:52.880]  And where there had been valid waiver, trial court could proceed on information.
[07:52.880 --> 08:01.760]  That's King versus State, Criminal Appeals, 1971, 473, Southwest 2nd, 43.
[08:01.760 --> 08:09.360]  Now this article providing for the waiver of indictment in non-capital cases is constitutional.
[08:09.360 --> 08:16.600]  That's a 1971 Attorney General's opinion, number M-900.
[08:16.600 --> 08:23.000]  Let's go a little further over, this article which provides that one entitled to an indictment
[08:23.000 --> 08:29.520]  presented before being tried may waive that right and be charged by an information is
[08:29.520 --> 08:37.320]  a special statute and should control over a general statute, Chapel versus State, Criminal
[08:37.320 --> 08:43.640]  Appellate Court, 1975, 521, Southwest 2nd, 280.
[08:43.640 --> 08:50.560]  Now what this is telling us is the way the system is supposed to work, okay?
[08:50.560 --> 08:58.760]  When section 12B says that a court gets jurisdiction through an indictment or an information, section
[08:58.760 --> 09:10.160]  17 says the grand jury shall issue an indictment unless under 141 the accused waives the right
[09:10.160 --> 09:21.240]  to have an indictment done via writing permission to do away with the indictment, okay?
[09:21.240 --> 09:28.440]  If you sign a piece of paper saying I waive the right to an indictment, then and apparently
[09:28.440 --> 09:36.920]  only then can they proceed to trial with an information only.
[09:36.920 --> 09:46.160]  Otherwise there has to be an indictment, not just a complaint nor just an information.
[09:46.160 --> 09:49.320]  So what does this mean to us today?
[09:49.320 --> 09:57.320]  Well if you look at 2.05 where the legislators tried to say that a county, a justice court
[09:57.320 --> 10:05.280]  where there is no county attorney can proceed on a complaint alone without either an information
[10:05.280 --> 10:14.120]  or an indictment, that would seem to on its face be wholly unconstitutional because the
[10:14.120 --> 10:21.720]  constitution for those sections has not changed the prerequisites of what's required, meaning
[10:21.720 --> 10:30.080]  that if there is no actual waiver of indictment then a complaint will not suffice.
[10:30.080 --> 10:37.440]  And even if they do get a waiver of indictment, the constitution says the only other thing
[10:37.440 --> 10:46.280]  besides the indictment that can grant jurisdiction is an information.
[10:46.280 --> 10:51.440]  So my question to the courts would be how have you people in the black robes managed
[10:51.440 --> 10:54.360]  to overlook all of this?
[10:54.360 --> 11:01.920]  How have the sitting justices and prosecutors managed to overlook all of this?
[11:01.920 --> 11:06.220]  My simple rebuttal would be they haven't overlooked it.
[11:06.220 --> 11:12.880]  They have allowed us to overlook it and they have taken advantage of the fact that we have
[11:12.880 --> 11:19.000]  overlooked it and they have used it to their advantage to streamline the proceedings, short
[11:19.000 --> 11:25.760]  circuit the obtaining of justice by the accused and basically left you to flounder in a system
[11:25.760 --> 11:30.400]  that has no real sequence or validity to it.
[11:30.400 --> 11:37.200]  Now several people out there that are fighting cases have been shown case law that says certain
[11:37.200 --> 11:41.480]  things can be done certain ways because the court said so.
[11:41.480 --> 11:47.160]  Well I've gone through the court cases those people were given information over.
[11:47.160 --> 11:53.960]  In the instance of those court cases not a single one of them addressed 2.05 directly.
[11:53.960 --> 12:00.300]  Not a single one of them addressed article 5 section 17 of the state constitution.
[12:00.300 --> 12:10.920]  Not a single one of them addressed 12B in conjunction with section 17 and 2.05 to show
[12:10.920 --> 12:16.720]  why only an indictment or information grants jurisdiction.
[12:16.720 --> 12:24.360]  And also none of them ever went through the section stating where only a county attorney
[12:24.360 --> 12:31.280]  or a district attorney has authority to sign an information.
[12:31.280 --> 12:36.880]  Now that's going to bring us to the next thing that we've got on the list here which is
[12:36.880 --> 12:44.160]  2.01 where we've talked about the city attorney not having the authority to prosecute in the
[12:44.160 --> 12:47.320]  municipal court in the name of the state.
[12:47.320 --> 12:49.040]  Now I'm going to show you one case here.
[12:49.040 --> 12:52.560]  This case is dated in 1919.
[12:52.560 --> 12:59.400]  City attorneys, a city attorney in Harris County may prosecute cases in the city court
[12:59.400 --> 13:05.720]  under state law where the district attorney is disqualified or refuses to act in view
[13:05.720 --> 13:08.200]  of this article.
[13:08.200 --> 13:18.200]  Now considering what we know about 2.07 and what we found out, guess what didn't change?
[13:18.200 --> 13:24.720]  2.07 didn't alter who could be an attorney for the state.
[13:24.720 --> 13:29.680]  So how did the court come to the determination that a city attorney could do something the
[13:29.680 --> 13:34.000]  statutes even at that time said couldn't be done?
[13:34.000 --> 13:36.760]  And just to show that, let's look at it this way.
[13:36.760 --> 13:40.840]  We're going to look under 2.02, okay?
[13:40.840 --> 13:46.840]  And that shows a case law where it is the duty of a county attorney to prosecute all
[13:46.840 --> 13:54.600]  offenses against the state commenced in a city court of his county not withstanding
[13:54.600 --> 14:04.320]  the fact that the offenses charged violate city ordinances also.
[14:04.320 --> 14:13.680]  Jackson v. Swain, Civil Appellate 1898, 45 Southwest 619.
[14:13.680 --> 14:24.140]  This case predates the other case by almost 100 years, or I'm sorry, by 20 years, okay?
[14:24.140 --> 14:30.640]  In that 20-year time frame, the statutes didn't change.
[14:30.640 --> 14:38.400]  So where did the Civil Appellate Court in 1919 get the idea that the city attorney could
[14:38.400 --> 14:41.440]  now do something he's never been allowed to do?
[14:41.440 --> 14:46.240]  There doesn't appear to have been any statutory changes in that time frame, changing any of
[14:46.240 --> 14:49.520]  the sections dealing with this.
[14:49.520 --> 14:56.180]  And in 1898, the Texas court said a county attorney is required to do it in the city
[14:56.180 --> 15:00.020]  court if it involves state law.
[15:00.020 --> 15:06.840]  So again, where did the courts grant authority to a city attorney to do that?
[15:06.840 --> 15:12.960]  Now you'll notice in today's 2.07, it's very, very clear that whoever becomes an attorney
[15:12.960 --> 15:18.380]  for the state must take the oath of office.
[15:18.380 --> 15:24.600]  Now that, there's actually a case in here that says the city attorney doesn't have to
[15:24.600 --> 15:31.720]  take the oath of office, because the legislature never meant for the incumbent in the case
[15:31.720 --> 15:34.840]  of substitution to have to take the oath.
[15:34.840 --> 15:38.080]  Again, that's an attorney general opinion.
[15:38.080 --> 15:43.520]  It's not a case-citing, and it completely goes against the Civil Appellate Court ruling
[15:43.520 --> 15:44.520]  from 1898.
[15:44.520 --> 15:48.440]  Now I have to mention a few others that will go over here as we progress a little further
[15:48.440 --> 15:50.840]  on in the show.
[15:50.840 --> 15:57.920]  And now let's go to one more under 2.02, a statement by the county attorney in the presence
[15:57.920 --> 16:05.240]  of the court that, inasmuch as the court had permitted a private citizen to appear and
[16:05.240 --> 16:13.000]  defend in a criminal case, he would decline to represent the state, meaning the county
[16:13.000 --> 16:19.000]  attorney, and dissolve his connection with the case, did not subject him to be fined
[16:19.000 --> 16:24.080]  for contempt, where the court did not order him to proceed in the case, but adjourned
[16:24.080 --> 16:29.600]  court and subsequently appointed another attorney to represent the state.
[16:29.600 --> 16:41.080]  That site is Ex Parte Coffee, 1914, 72 CRR 209, 161 SW 975.
[16:41.080 --> 16:43.920]  We'll pick up some more of this on the other side, folks.
[16:43.920 --> 16:46.400]  All right, we'll be right back.
[16:46.400 --> 16:48.400]  Todd from Ohio, we see you on the board.
[16:48.400 --> 17:00.360]  We'll be taking your call in just a few minutes, we'll be right back.
[17:00.360 --> 17:03.920]  You feel tired when talking about important topics like money and politics?
[17:03.920 --> 17:04.920]  Sorry!
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[18:02.160 --> 18:27.720]  Okay, Eddie, good stuff, please continue.
[18:27.720 --> 18:30.720]  Okay.
[18:30.720 --> 18:38.040]  Now, let's jump over to 2.05, which is the passage of the day as far as the way the courts
[18:38.040 --> 18:40.040]  are trying to do things.
[18:40.040 --> 18:47.120]  Now even in 1977, this is the way it read, 2.05 Code of Criminal Procedure, if the offense
[18:47.120 --> 18:52.180]  be a misdemeanor, the attorney shall forthwith prepare an information based upon such complaint
[18:52.180 --> 18:57.920]  and file the same in the court having jurisdiction, provided that in counties having no county
[18:57.920 --> 19:03.700]  attorney misdemeanor cases may be tried upon complaint alone without an information, provided
[19:03.700 --> 19:09.080]  however in counties having one or more criminal district courts and information must be filed
[19:09.080 --> 19:11.160]  in each misdemeanor case.
[19:11.160 --> 19:15.320]  If the offense be a felony, he shall forthwith file the complaint with the magistrate of
[19:15.320 --> 19:16.320]  the county.
[19:16.320 --> 19:20.220]  Now, let's look at what some of the case sites have said.
[19:20.220 --> 19:25.560]  We are aware that right now the county courts wish to state that they assume jurisdiction
[19:25.560 --> 19:32.520]  on an appeal of a de novo trial from the municipal justice courts and that they get that jurisdiction
[19:32.520 --> 19:40.440]  inherently, even if the lower court never had jurisdiction to begin with.
[19:40.440 --> 19:46.920]  Now that's an idiotic statement even for somebody dressed in black, but be that as it may.
[19:46.920 --> 19:50.120]  Let's look at this for a second.
[19:50.120 --> 19:55.600]  Statute providing that misdemeanor cases may be tried on complaint alone in county having
[19:55.600 --> 20:01.800]  no county attorney held inapplicable to prosecutions begun in county courts.
[20:01.800 --> 20:13.280]  Day versus state, 1934, 127 CRR, 1974, Southwest, 2nd, 699.
[20:13.280 --> 20:18.760]  That county has no county attorney should be alleged in affidavit to make available
[20:18.760 --> 20:25.120]  statute that in counties having no county attorney, misdemeanor cases may be tried on
[20:25.120 --> 20:26.920]  complaint alone.
[20:26.920 --> 20:31.320]  See, necessity of information.
[20:31.320 --> 20:36.720]  Prosecution in the county court for misdemeanors must be by information, though the offense
[20:36.720 --> 20:42.160]  be one which might be prosecuted to final termination in the justice's court.
[20:42.160 --> 20:51.880]  Sponberg versus state, 1910, 60 CRR, 168, 131, Southwest, 541.
[20:51.880 --> 20:58.660]  One prosecuted for a misdemeanor in the county court could not waive failure to file an information
[20:58.660 --> 21:02.040]  that being a jurisdictional matter.
[21:02.040 --> 21:12.000]  Etheridge versus state, 1915, 76 CRR, 41, 172, Southwest, 784.
[21:12.000 --> 21:16.120]  Now let's look at that case for a second and see exactly what it's saying.
[21:16.120 --> 21:22.360]  That being a jurisdictional matter, what's the thing about courts and jurisdiction?
[21:22.360 --> 21:25.380]  They have it or they don't.
[21:25.380 --> 21:30.680]  There are three things that they must have in order to have jurisdiction and they must
[21:30.680 --> 21:36.200]  have all three of them before jurisdiction is had.
[21:36.200 --> 21:39.100]  They must have subject matter jurisdiction.
[21:39.100 --> 21:44.400]  They must have impersonal jurisdiction and they must have the jurisdiction to make the
[21:44.400 --> 21:47.520]  penalty that is at the end of the case.
[21:47.520 --> 21:51.120]  Whatever the punishment is, they have to be able to make that determination.
[21:51.120 --> 21:57.560]  They have to have authority and jurisdiction over all three of those or they have none.
[21:57.560 --> 22:02.320]  Now this is saying that the lack of an information is a jurisdictional issue.
[22:02.320 --> 22:03.320]  Why?
[22:03.320 --> 22:06.360]  Because the state constitution says it is.
[22:06.360 --> 22:13.720]  If it says an information is required for a court to have jurisdiction, then it's required
[22:13.720 --> 22:19.240]  and no legislative enactment can change that fact.
[22:19.240 --> 22:27.700]  So 2.05, trying to allow the procedure to continue on complaint alone is in direct violation
[22:27.700 --> 22:35.640]  of the Texas Constitution, Article 5, Section 12B, Article 5, Section 17.
[22:35.640 --> 22:42.880]  It is also in violation of Code of Criminal Procedure, Article 1.141, which says that
[22:42.880 --> 22:52.000]  a written waiver of indictment is required in non-capital felonies.
[22:52.000 --> 22:57.040]  So as you can see, the various legislators have managed to twist this into a knotted
[22:57.040 --> 22:58.040]  mess.
[22:58.040 --> 23:03.880]  It looks like the ball of Christmas tree lights out of Christmas vacation.
[23:03.880 --> 23:07.160]  They've totally got it messed up.
[23:07.160 --> 23:14.040]  If record on appeal in misdemeanor case does not contain information, although containing
[23:14.040 --> 23:21.600]  complaint, judgment will be reversed because prosecution under statute was improperly instituted.
[23:21.600 --> 23:34.400]  12 vs. State, 1930, 114 CRR 551, 26 S.S. 635, failure to file information in prosecution
[23:34.400 --> 23:42.720]  for polluting a creek-deprived county court of jurisdiction, Day vs. State, 1934, 127
[23:42.720 --> 23:48.480]  CRR 19, 74 S.S. 699.
[23:48.480 --> 23:53.040]  Now the reason I keep going over these cases and repeating this about county court, what
[23:53.040 --> 23:56.440]  is the purpose of a trial de novo?
[23:56.440 --> 24:01.840]  They want to say it's not an appeal, but then they want to treat it precisely as if it's
[24:01.840 --> 24:07.620]  an appeal, minus a previous lower court record.
[24:07.620 --> 24:17.480]  Now if it's a de novo, which is in fact a do-over, as if the first case never took place,
[24:17.480 --> 24:23.400]  then how are the courts determining that the county court does not have to have an information
[24:23.400 --> 24:29.280]  simply because the lower court did not file an information?
[24:29.280 --> 24:36.600]  If it's a do-over, as if the other one did not occur, would that not, in common sense,
[24:36.600 --> 24:41.240]  make it that the court is starting over in the county?
[24:41.240 --> 24:47.600]  And if they're starting over, why isn't a proper charging instrument required?
[24:47.600 --> 24:55.840]  Where are the courts altering the Constitution with their case decisions in order to facilitate
[24:55.840 --> 24:59.240]  the government's interest and not the people's?
[24:59.240 --> 25:03.800]  Okay, let's look at another one.
[25:03.800 --> 25:07.120]  County court was without jurisdiction and absence of information.
[25:07.120 --> 25:13.680]  The prosecution for violating Sunday law originated in county court on complaint taken by acting
[25:13.680 --> 25:25.800]  county attorney, Needler v. State 1937, 131 CRR 385, 99 SW 2nd, 605.
[25:25.800 --> 25:32.560]  An information filed December 22nd, reciting the filing of a complaint on December 20th,
[25:32.560 --> 25:38.280]  was insufficient, where the jurat attached to the complaint bore no date and the file
[25:38.280 --> 25:42.360]  mark was the same as that of the information itself.
[25:42.360 --> 25:52.800]  Bradbury v. State 1913, 68 CRR 614, 152 SW 169.
[25:52.800 --> 25:55.360]  What does that case tell us?
[25:55.360 --> 26:01.820]  If you've got a complaint and an information file marked by the clerk on the same date
[26:01.820 --> 26:07.840]  and the complaint does not have an original date of its own other than the date the information
[26:07.840 --> 26:11.560]  is filed, the information is invalid.
[26:11.560 --> 26:12.560]  Why?
[26:12.560 --> 26:17.680]  Because the information has to be based upon a valid complaint and the complaint must have
[26:17.680 --> 26:23.800]  been prepared prior to the information for that to have happened, correct?
[26:23.800 --> 26:30.680]  Not to mention, the criminal complaint is what grants the original magistrate jurisdiction
[26:30.680 --> 26:36.080]  to hold a hearing for the purpose of determining probable cause.
[26:36.080 --> 26:42.760]  An information comes after the hearing to determine probable cause.
[26:42.760 --> 26:43.920]  Why?
[26:43.920 --> 26:47.840]  Because unless probable cause is found, an information wouldn't be required because it
[26:47.840 --> 26:50.800]  will never go to court.
[26:50.800 --> 26:57.320]  And without the information, it couldn't go to court.
[26:57.320 --> 27:02.200]  And the information would not suffice unless in conjunction with that information there
[27:02.200 --> 27:07.780]  is a signed waiver of indictment.
[27:07.780 --> 27:10.120]  This is not rocket science.
[27:10.120 --> 27:13.160]  How did these guys get a college degree?
[27:13.160 --> 27:15.440]  I really want to understand this.
[27:15.440 --> 27:16.680]  How did they get it?
[27:16.680 --> 27:18.920]  Who did they bribe?
[27:18.920 --> 27:26.120]  Or worse, because this makes no sense to me how these people have managed to hide this
[27:26.120 --> 27:31.600]  for so long and pull the wool over our eyes and get away with this.
[27:31.600 --> 27:35.920]  It absolutely astounds me, not to mention ticks me off.
[27:35.920 --> 27:42.840]  Now let's look at 2.07 where we were talking about who can be an attorney pro tem.
[27:42.840 --> 27:44.240]  Listen to this.
[27:44.240 --> 27:50.880]  A city recorder exercising the powers of a justice of the peace, can you say dual paying
[27:50.880 --> 27:53.440]  jobs under the county?
[27:53.440 --> 27:58.760]  And appoint a prosecuting attorney only when the district attorney or county attorney is
[27:58.760 --> 28:03.480]  not present and the appointment must be made in each case.
[28:03.480 --> 28:08.680]  In other words, one appointment for a case.
[28:08.680 --> 28:14.800]  The same appointed individual cannot hear every consecutive case.
[28:14.800 --> 28:26.720]  Wow, a charter provision authorizing the city attorney to represent the state being unconstitutional.
[28:26.720 --> 28:38.240]  Harris County v. Stewart, 1897, 91, Texas, 133, 41, Southwest, 650.
[28:38.240 --> 28:43.640]  Now this begs the question that we were looking at a little bit earlier.
[28:43.640 --> 28:53.720]  If in 1897 it was unconstitutional for a city attorney to represent the state and the constitution
[28:53.720 --> 29:02.840]  did not change to allow that to happen, how did the legislature get the authority to overcome
[29:02.840 --> 29:11.160]  the constitution in 1999 by putting into place chapter 45 that now says the city attorney
[29:11.160 --> 29:17.400]  shall prosecute all cases in the municipal court and simultaneously give jurisdiction
[29:17.400 --> 29:22.160]  of state criminal cases to the municipal court?
[29:22.160 --> 29:27.160]  We have two conflicting provisions of law, one of which according to this case right
[29:27.160 --> 29:34.520]  here is on its face unconstitutional, which is the section that says the city attorney
[29:34.520 --> 29:39.920]  shall prosecute all cases in municipal court.
[29:39.920 --> 29:45.360]  They can't do it, it's unconstitutional, imagine that.
[29:45.360 --> 29:50.000]  They're trying to pull an unconstitutional statute and cover us over with it.
[29:50.000 --> 29:52.800]  No, Eddie, they would never do something like that.
[29:52.800 --> 29:56.440]  No, I didn't think they would, I just thought I was misreading it.
[29:56.440 --> 30:00.400]  All right, we'll be right back.
[30:00.400 --> 30:05.120]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
[30:05.120 --> 30:09.240]  Stop debt collectors now with the Michael Mears proven method.
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[30:19.440 --> 30:25.080]  civil rights statutes, what to do when contacted by phone, mail or court summons, how to answer
[30:25.080 --> 30:29.760]  letters and phone calls, how to get debt collectors out of your credit report, how to turn the
[30:29.760 --> 30:33.920]  financial tables on them and make them pay you to go away.
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[30:39.040 --> 30:40.960]  Financial consultation is available as well.
[30:40.960 --> 30:46.720]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[30:46.720 --> 30:49.680]  or email michaelmears at yahoo.com.
[30:49.680 --> 30:58.680]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[30:58.680 --> 30:59.680]  collectors now.
[30:59.680 --> 31:12.680]  Yeah, I got a warrant and I'm gonna solve them, to the head government them, prosecute
[31:12.680 --> 31:13.680]  them.
[31:13.680 --> 31:14.680]  Okay.
[31:14.680 --> 31:15.680]  Awesome.
[31:15.680 --> 31:43.440]  Okay.
[31:43.440 --> 31:44.440]  We are back.
[31:44.440 --> 31:51.520]  The call board is starting to light up, Eddie, but Eddie has folks, we got Todd, John, Oxford,
[31:51.520 --> 31:52.520]  Dan.
[31:52.520 --> 31:57.240]  If y'all will please hold on, Eddie has a few more minutes here, about five, six more
[31:57.240 --> 32:01.960]  minutes of his material and then we'll go to the call boards.
[32:01.960 --> 32:02.960]  Okay.
[32:02.960 --> 32:03.960]  All right.
[32:03.960 --> 32:08.200]  Last couple of cases on 2.07 Code of Criminal Procedure.
[32:08.200 --> 32:14.080]  It is duty and right of county attorney to represent state and district court in absence
[32:14.080 --> 32:19.040]  of district attorney and it is only when both district attorney and county attorney are
[32:19.040 --> 32:24.880]  absent that court is authorized to appoint a district attorney pro tem, again, that's
[32:24.880 --> 32:31.560]  an attorney general opinion, 1940, number 0-2531.
[32:31.560 --> 32:36.440]  If the district attorney is present and is not otherwise disqualified, the district court
[32:36.440 --> 32:41.720]  lacks jurisdiction to appoint either the county attorney or an attorney pro tem to work with
[32:41.720 --> 32:43.560]  a grand jury.
[32:43.560 --> 32:49.280]  These are attorney general's opinion, 1974, number H-324.
[32:49.280 --> 32:51.000]  Okay.
[32:51.000 --> 32:57.920]  Now, this very quickly should show you why the courts spit on attorney general opinions.
[32:57.920 --> 32:59.480]  Okay.
[32:59.480 --> 33:03.920]  Because it's very obvious the attorney general is going to decide whatever suits the government
[33:03.920 --> 33:08.280]  at that point in time, not what the law or the constitution says.
[33:08.280 --> 33:13.840]  I've seen far too many of those opinions that go in direct opposite of what the statutes
[33:13.840 --> 33:15.680]  themselves say.
[33:15.680 --> 33:23.120]  I do not know the legal gymnastics involved in coming up with such an obtuse, asinine,
[33:23.120 --> 33:30.600]  insane version of an argument that no statute or constitutional provision could even be
[33:30.600 --> 33:37.040]  remotely thought to be in support of in order to facilitate the grand scheme of deception
[33:37.040 --> 33:42.680]  they've got in place, yet they do it.
[33:42.680 --> 33:46.560]  I mean, let's see, how's the old saying go?
[33:46.560 --> 33:48.960]  You can lie to the people.
[33:48.960 --> 33:52.480]  You can fool some of the people some of the time, but you can't fool all the people all
[33:52.480 --> 33:53.480]  the time.
[33:53.480 --> 33:59.060]  Well, they've certainly fooled most of us for a long time, but hopefully we're going
[33:59.060 --> 34:03.400]  to get to the point where that's not going to happen anymore because we're going to take
[34:03.400 --> 34:07.960]  it upon ourselves to make sure it doesn't or get shot in the process.
[34:07.960 --> 34:08.960]  Take your pick.
[34:08.960 --> 34:09.960]  Okay.
[34:09.960 --> 34:15.680]  Now, other than just saying, I really enjoyed my visit Saturday with Sheriff Mack and Deborah
[34:15.680 --> 34:19.800]  Medina and Timothy Baldwin up in Dallas, Fort Worth area.
[34:19.800 --> 34:21.720]  That was a really interesting thing.
[34:21.720 --> 34:26.240]  All of you out there that were there and I got to meet and greet and say hi to, glad
[34:26.240 --> 34:27.560]  you're out there listening to us.
[34:27.560 --> 34:31.680]  It was a pleasure to meet each and every one of you.
[34:31.680 --> 34:35.960]  Please continue to support the show and hopefully we'll be able to meet again at future events.
[34:35.960 --> 34:38.440]  All right, Deborah, let's clear the phones up.
[34:38.440 --> 34:39.440]  Okay.
[34:39.440 --> 34:43.960]  We're going to go to the calls now unless Randy has any comments on what you just discussed.
[34:43.960 --> 34:44.960]  Yeah.
[34:44.960 --> 34:45.960]  You got anything, Randy?
[34:45.960 --> 34:49.680]  I've got a lot of things, but it would take the rest of the show.
[34:49.680 --> 34:58.120]  I'm somewhat verbose, but yeah, this goes to my primary concern that we're drifting away
[34:58.120 --> 35:06.080]  from law and into a fascist state and I'm glad Eddie's taking the time to take this
[35:06.080 --> 35:12.600]  apart in detail because I hope to get to use it to beat the crap out of these guys.
[35:12.600 --> 35:13.600]  You and me both.
[35:13.600 --> 35:15.840]  But let's go on to the phones.
[35:15.840 --> 35:16.840]  Okay.
[35:16.840 --> 35:21.720]  We got Todd from Ohio and then John, Todd, thanks for calling in.
[35:21.720 --> 35:22.720]  What's on your mind tonight?
[35:22.720 --> 35:23.720]  Hi.
[35:23.720 --> 35:24.720]  Calling in again.
[35:24.720 --> 35:30.600]  I got my court date for tomorrow and it's involving the traffic violation where they
[35:30.600 --> 35:36.440]  got put the wrong date on the ticket and then he went ahead and changed it without notifying
[35:36.440 --> 35:40.920]  me other than a phone call and that's not proper communication.
[35:40.920 --> 35:44.240]  So you guys would love Cleveland.
[35:44.240 --> 35:47.400]  I mean, I don't think they'd do a single thing right.
[35:47.400 --> 35:51.960]  Well, I was actually stationed at right Patent Dayton.
[35:51.960 --> 35:53.520]  I can agree with that.
[35:53.520 --> 36:01.160]  Yeah, I looked in my mailbox and sticking out of my mailbox was a summons for my court
[36:01.160 --> 36:05.680]  date tomorrow at nine o'clock.
[36:05.680 --> 36:08.600]  Sticking out of your mailbox as in not delivered by the postman?
[36:08.600 --> 36:12.760]  No, it was sticking out of my mailbox without anything wrapped around it.
[36:12.760 --> 36:16.800]  I mean, I don't think these guys did anything right the whole time.
[36:16.800 --> 36:19.120]  Wait, are you saying they didn't even mail it?
[36:19.120 --> 36:24.240]  They just stuck the piece of paper in your mailbox?
[36:24.240 --> 36:25.240]  That's exactly what I'm saying.
[36:25.240 --> 36:27.760]  It was hanging outside of my mailbox too.
[36:27.760 --> 36:35.520]  Now, they could stick it on your door or put it, slide it under the door, but they can't
[36:35.520 --> 36:36.520]  stick it in the mailbox.
[36:36.520 --> 36:39.520]  You need to call the postal inspectors.
[36:39.520 --> 36:40.520]  It was hanging out of the mailbox.
[36:40.520 --> 36:41.520]  He said no, no.
[36:41.520 --> 36:42.520]  Hold on a second.
[36:42.520 --> 36:43.520]  Yeah, go ahead.
[36:43.520 --> 36:44.520]  I'm listening.
[36:44.520 --> 36:51.000]  You're not allowed to put anything in a mailbox except mail.
[36:51.000 --> 36:55.000]  You know, if you're passing around handing out flyers, like out in the country, you can't
[36:55.000 --> 36:57.960]  stick them in the mailbox or come and arrest you.
[36:57.960 --> 37:04.480]  If it don't have a postal mark on it, it doesn't go in the mailbox, period, unless it's outbound
[37:04.480 --> 37:05.480]  mail.
[37:05.480 --> 37:06.480]  Unless it's outbound.
[37:06.480 --> 37:09.440]  Yeah, but still it's mail.
[37:09.440 --> 37:14.640]  You can't like drop off little love letters for people in their mailboxes is the point
[37:14.640 --> 37:20.080]  or drop off packages or mailboxes are not meant for that.
[37:20.080 --> 37:23.800]  It has to be for the purpose of mail or else, yeah, the postal inspector will be all over
[37:23.800 --> 37:24.800]  you.
[37:24.800 --> 37:25.800]  That's a good angle to look at it.
[37:25.800 --> 37:26.800]  I didn't even think about that.
[37:26.800 --> 37:32.160]  The things that I had on my idea was the fact that my date's the very next day at 9 o'clock.
[37:32.160 --> 37:34.360]  I mean, that doesn't give me proper notice.
[37:34.360 --> 37:40.040]  No, if you'll check your statute, you'll probably find you had to have that proper notice several
[37:40.040 --> 37:42.360]  days in advance.
[37:42.360 --> 37:48.520]  Right and I was edging on not going to my court date tomorrow, but there's just so much
[37:48.520 --> 37:54.400]  stuff that I could do with this and I think it's probably as close to a slam dunk as I've
[37:54.400 --> 37:58.120]  heard about.
[37:58.120 --> 38:00.120]  Always go to court.
[38:00.120 --> 38:04.520]  Whether they're within their authority or not, they'll still issue a warrant for your
[38:04.520 --> 38:05.520]  arrest.
[38:05.520 --> 38:06.520]  Yeah.
[38:06.520 --> 38:08.760]  So always go to court.
[38:08.760 --> 38:09.840]  Okay.
[38:09.840 --> 38:10.840]  The question I had...
[38:10.840 --> 38:11.840]  And raise a stink.
[38:11.840 --> 38:14.840]  Yeah, I got to raise a stink.
[38:14.840 --> 38:15.840]  Okay.
[38:15.840 --> 38:20.040]  The one question I did have for you is the officer's probably either going to be there
[38:20.040 --> 38:21.920]  or not be there.
[38:21.920 --> 38:27.920]  If they're not there, I know that there is some case precedent for the plaintiff not
[38:27.920 --> 38:31.720]  being prepared to move forward and I thought that you were...
[38:31.720 --> 38:35.240]  You demand the dismissal for failure to prosecute.
[38:35.240 --> 38:37.640]  What's this?
[38:37.640 --> 38:41.000]  You demand the dismissal for failure to prosecute.
[38:41.000 --> 38:46.680]  Now do be careful, however, if you state that you're ready to go to trial and they set you
[38:46.680 --> 38:51.000]  down so they can summon the guy so they don't have to dismiss, you could be in a world of
[38:51.000 --> 38:56.480]  hurt and you won't be able to use the fact that you weren't notified correctly.
[38:56.480 --> 38:58.760]  Okay.
[38:58.760 --> 39:02.960]  So the first thing that you want to deal with is the fact you weren't notified correctly.
[39:02.960 --> 39:05.040]  I have a suggestion.
[39:05.040 --> 39:06.240]  Or three.
[39:06.240 --> 39:12.120]  Call the police department early in the morning and tell them that you're going to court and
[39:12.120 --> 39:16.680]  you want to make sure this jerk is down there, make certain that you dispatch him to the
[39:16.680 --> 39:21.520]  court today because he has a court hearing and I need him there because I want to get
[39:21.520 --> 39:25.560]  him on the stand and when I get done with him, I'm going to ask you to arrest him.
[39:25.560 --> 39:26.760]  So make sure he's down there.
[39:26.760 --> 39:29.080]  They'll most likely make sure he's not.
[39:29.080 --> 39:30.080]  Okay.
[39:30.080 --> 39:36.760]  Make sure the police is there.
[39:36.760 --> 39:38.360]  There's more than one way to get at this.
[39:38.360 --> 39:40.520]  Yeah, now be real nice.
[39:40.520 --> 39:44.800]  Don't give them any way to say that you threatened or harassed anybody on the phone.
[39:44.800 --> 39:48.280]  Remember, they are not above making stuff up.
[39:48.280 --> 39:49.280]  Do you have Skype?
[39:49.280 --> 39:54.280]  No, I have a cell phone.
[39:54.280 --> 39:57.080]  You have computer access?
[39:57.080 --> 40:01.440]  I have access to a computer, yeah.
[40:01.440 --> 40:02.440]  Okay.
[40:02.440 --> 40:08.160]  You can download Skype free and you can also download Callgraph free.
[40:08.160 --> 40:11.000]  Callgraph, when you make the call, it starts recording.
[40:11.000 --> 40:17.520]  It makes a really nice recording, puts them on one track, you on the other track.
[40:17.520 --> 40:24.560]  If there's any way you can, record your conversation and then hope they lie about it.
[40:24.560 --> 40:25.560]  Okay.
[40:25.560 --> 40:28.440]  You have to have a speaker for that, correct?
[40:28.440 --> 40:29.440]  No.
[40:29.440 --> 40:30.440]  Oh yeah, on the computer?
[40:30.440 --> 40:36.600]  You got to have something to hear them and then a microphone for you to talk so a headset
[40:36.600 --> 40:37.600]  works best.
[40:37.600 --> 40:40.800]  Yeah, you can get a little $6, $7 headset, works great.
[40:40.800 --> 40:41.800]  Okay.
[40:41.800 --> 40:45.640]  Well, on Skype, there's plug-ins so you can record the phone calls.
[40:45.640 --> 40:50.320]  Yeah, but he's talking about how to talk to them and have them hear.
[40:50.320 --> 40:55.480]  So call the police early in the morning to make sure that they're there because I have
[40:55.480 --> 40:56.480]  a criminal complaint.
[40:56.480 --> 41:00.840]  Yeah, you're going to file a complaint against him.
[41:00.840 --> 41:01.840]  You want to make sure he's there.
[41:01.840 --> 41:04.800]  Yeah, and let them know it's going to be a federal felony complaint.
[41:04.800 --> 41:05.800]  Okay.
[41:05.800 --> 41:10.840]  Yeah, because it is a felony of the third degree, I just found out.
[41:10.840 --> 41:14.200]  Tell him to bring his toothbrush.
[41:14.200 --> 41:25.320]  So, do you guys know any case precedent for a failure to prosecute that is the best slam
[41:25.320 --> 41:28.160]  dunk that I could bring up so that the judge doesn't have any...
[41:28.160 --> 41:30.600]  Not for Ohio, I don't.
[41:30.600 --> 41:33.800]  No, not for Ohio, but this is pretty standard stuff.
[41:33.800 --> 41:40.000]  And the reason it's pretty standard is, is they didn't, the opposing counsel didn't
[41:40.000 --> 41:43.480]  contact you and say, hey, I got a couple of dates for a court hearing, which one would
[41:43.480 --> 41:44.480]  be best for you?
[41:44.480 --> 41:48.440]  You know, this is what's normally done in civil.
[41:48.440 --> 41:53.200]  The court said, you will be here on this day at this time.
[41:53.200 --> 41:59.480]  And since you were ordered to be there, they have a duty to be ready to proceed.
[41:59.480 --> 42:03.120]  Or else they're wasting my time.
[42:03.120 --> 42:08.400]  Yeah, well, otherwise it's a abusive process.
[42:08.400 --> 42:09.400]  Right.
[42:09.400 --> 42:15.440]  So, I suggest if you get there and they're not ready, then you ask the judge to stand
[42:15.440 --> 42:21.720]  down from the bench for, and the judge doesn't dismiss, ask the judge to stand down for,
[42:21.720 --> 42:24.760]  and ask the bailiff to arrest him for abusive process.
[42:24.760 --> 42:25.760]  Okay.
[42:25.760 --> 42:34.080]  And there's no recourse on me for notifying of the fact that the law has been broken?
[42:34.080 --> 42:35.080]  No recourse.
[42:35.080 --> 42:36.080]  Okay.
[42:36.080 --> 42:41.920]  I mean, and then they retry to, to do recourse, but everything goes downhill from there.
[42:41.920 --> 42:46.320]  I had the district judge of the district run into the courtroom while I'm talking to the
[42:46.320 --> 42:50.360]  bailiff, point at me and say, Mr. Kelston, you're creating a disturbance, you're getting
[42:50.360 --> 42:53.200]  out of this courthouse or I'll have you arrested.
[42:53.200 --> 42:54.640]  I said, oh gee, judge, I'm sorry.
[42:54.640 --> 42:58.360]  And I reached in my pocket and pulled out this little digital recorder.
[42:58.360 --> 42:59.760]  I didn't have this turned on.
[42:59.760 --> 43:01.760]  I stuck it right in his face.
[43:01.760 --> 43:03.760]  Will you say that again?
[43:03.760 --> 43:06.320]  And he sat there, he was just breathing hard.
[43:06.320 --> 43:08.600]  I know what he was thinking.
[43:08.600 --> 43:11.600]  That district attorney, he didn't tell me everything.
[43:11.600 --> 43:12.600]  He was right.
[43:12.600 --> 43:13.600]  He didn't.
[43:13.600 --> 43:18.160]  I was making criminal charges against the district attorney to the bailiff because of
[43:18.160 --> 43:22.360]  the high sheriff of the county refused to send an officer to arrest him and ordered
[43:22.360 --> 43:28.280]  me to make the complaint to the bailiff and the judge threatened me, threatened me for
[43:28.280 --> 43:32.880]  the purpose of interfering with my access to a public building in Texas.
[43:32.880 --> 43:36.880]  This defined as a terroristic threat and I filed it against him with the state attorney
[43:36.880 --> 43:37.880]  general.
[43:37.880 --> 43:38.880]  That was our route.
[43:38.880 --> 43:39.880]  All right.
[43:39.880 --> 43:42.560]  Listen, Todd, do you have anything else for us?
[43:42.560 --> 43:48.760]  No, I just called about those two things and I wanted to see if they had anything on the
[43:48.760 --> 43:52.280]  service that they gave me leaving personal information just hanging out there.
[43:52.280 --> 43:53.280]  Okay.
[43:53.280 --> 43:55.280]  Listen, because we're going to break.
[43:55.280 --> 43:56.280]  Okay.
[43:56.280 --> 43:57.280]  All right.
[43:57.280 --> 44:00.280]  We'll be right back.
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[45:03.200 --> 45:12.080]  Okay, we're back.
[45:12.080 --> 45:14.560]  We're taking your calls.
[45:14.560 --> 45:18.080]  John from Connecticut must be having phone troubles.
[45:18.080 --> 45:19.760]  He keeps calling in and dropping off the line.
[45:19.760 --> 45:24.440]  John, if you'd like to call back in, you're next on the list.
[45:24.440 --> 45:27.720]  In the meantime, we're going to go to Tom from Texas, the first time caller.
[45:27.720 --> 45:28.920]  Tom, thanks for calling in.
[45:28.920 --> 45:29.920]  What's on your mind tonight?
[45:29.920 --> 45:32.040]  How are you guys doing tonight?
[45:32.040 --> 45:33.040]  Pretty good.
[45:33.040 --> 45:38.360]  Okay, I have a motions hearing for Thursday.
[45:38.360 --> 45:42.880]  They told me to turn my motions in at least seven days before trial but I'm not going
[45:42.880 --> 45:43.880]  to do that.
[45:43.880 --> 45:47.600]  I'm turning it in tomorrow which will be three, two days before trial, I mean for the motions
[45:47.600 --> 45:49.360]  hearing.
[45:49.360 --> 45:54.720]  I was going through and Eddie had said something through the archives last week I was listening
[45:54.720 --> 46:02.040]  about the county courts are the only ones that can give information against you, is
[46:02.040 --> 46:05.600]  that correct?
[46:05.600 --> 46:08.160]  Only one that can do what with an information?
[46:08.160 --> 46:13.960]  The county is the only people that can hear a misdemeanor punishable by fine, class B
[46:13.960 --> 46:17.000]  misdemeanor punishable by fine, is that correct?
[46:17.000 --> 46:19.000]  Well, not exactly.
[46:19.000 --> 46:24.720]  The way it works is that according to the Code of Criminal Procedure, were you arrested?
[46:24.720 --> 46:26.840]  No, I was not.
[46:26.840 --> 46:27.840]  Okay.
[46:27.840 --> 46:34.120]  If you are not arrested then you fall straight under 1517 of the Code of Criminal Procedure
[46:34.120 --> 46:41.080]  subsection G as in George, which basically states that if someone appears in court in
[46:41.080 --> 46:47.360]  compliance with a citation issued under 1406 B or C, then you shall do all the things that
[46:47.360 --> 46:51.640]  are listed in this article, meaning all of 1517.
[46:51.640 --> 47:01.240]  However, 1517 A is immediately short circuited by 1517 B as in Bravo, which states very clearly
[47:01.240 --> 47:08.400]  that in a misdemeanor case punishable by fine only, the court may refer the accused to the
[47:08.400 --> 47:14.320]  county or statutory county court for the purposes of an arraignment and issue an order of that
[47:14.320 --> 47:18.240]  fact and the order must stay at the date, time and place of appearance and so on and
[47:18.240 --> 47:19.240]  so forth.
[47:19.240 --> 47:20.240]  Okay?
[47:20.240 --> 47:21.240]  Okay.
[47:21.240 --> 47:22.240]  So it's an A.
[47:22.240 --> 47:23.240]  Once you go into...
[47:23.240 --> 47:24.240]  Wait a minute, Eddie.
[47:24.240 --> 47:26.760]  You said the court may refer to the county.
[47:26.760 --> 47:27.760]  That's what it says.
[47:27.760 --> 47:31.840]  The court may, but it doesn't say what else they can do.
[47:31.840 --> 47:35.480]  It doesn't give anything else they can do in fact.
[47:35.480 --> 47:40.840]  It says may, but it doesn't say what they can do if they don't do it.
[47:40.840 --> 47:43.200]  It leaves them going nowhere.
[47:43.200 --> 47:44.480]  There's another issue here.
[47:44.480 --> 47:47.360]  But the problem is, if they don't...
[47:47.360 --> 47:48.360]  Yes.
[47:48.360 --> 47:49.360]  Did we lose Eddie?
[47:49.360 --> 47:50.360]  No.
[47:50.360 --> 47:51.360]  I'm still here.
[47:51.360 --> 47:52.360]  Can you hear me?
[47:52.360 --> 47:53.360]  No.
[47:53.360 --> 47:54.360]  I think Eddie dropped out.
[47:54.360 --> 47:55.360]  Okay.
[47:55.360 --> 47:56.360]  You were going to say there was another issue?
[47:56.360 --> 47:57.360]  Yeah.
[47:57.360 --> 47:58.360]  There's another issue.
[47:58.360 --> 48:11.360]  I have a motion citing Texas Administrative Code, Title 37, which shows the population
[48:11.360 --> 48:15.800]  limits for city police to even qualify to pull anybody over.
[48:15.800 --> 48:18.200]  That's one motion.
[48:18.200 --> 48:25.400]  The other motion is not the magistrate, 10 days on them before, and they gave me what
[48:25.400 --> 48:31.560]  they call an information, and what it looks like to me is a form statement by the officer.
[48:31.560 --> 48:33.600]  Does that even count at all?
[48:33.600 --> 48:34.600]  No.
[48:34.600 --> 48:35.600]  That's not an information.
[48:35.600 --> 48:39.880]  An information is prepared by a prosecuting attorney.
[48:39.880 --> 48:41.720]  It looks like a criminal complaint.
[48:41.720 --> 48:46.040]  Just let him go on with his business, and then bring it up when they try to go to trial
[48:46.040 --> 48:47.040]  with me.
[48:47.040 --> 48:48.040]  Hello?
[48:48.040 --> 48:49.040]  Okay.
[48:49.040 --> 48:50.040]  You back, Eddie?
[48:50.040 --> 48:51.040]  We got him.
[48:51.040 --> 48:52.040]  Yeah.
[48:52.040 --> 48:53.040]  Did y'all drop me off?
[48:53.040 --> 48:54.040]  No.
[48:54.040 --> 48:55.040]  You dropped off.
[48:55.040 --> 48:56.040]  Well, I'm sorry.
[48:56.040 --> 48:58.400]  Where was I when I disappeared?
[48:58.400 --> 49:00.440]  I think you were in La La Land.
[49:00.440 --> 49:01.440]  Okay.
[49:01.440 --> 49:02.440]  No.
[49:02.440 --> 49:06.320]  I heard you asked me about May, and I started reading 1570.
[49:06.320 --> 49:07.320]  Okay.
[49:07.320 --> 49:11.440]  Yeah, we kind of addressed May, and then we have another issue.
[49:11.440 --> 49:12.440]  Okay.
[49:12.440 --> 49:13.440]  Okay.
[49:13.440 --> 49:14.440]  Carl, you want to explain that again?
[49:14.440 --> 49:15.440]  Okay.
[49:15.440 --> 49:21.880]  I got a... I went and did an open records request for my information, and the judge
[49:21.880 --> 49:27.720]  had the clerk go back there and print it up, and all it is to me is a form statement by
[49:27.720 --> 49:35.200]  the officer, and it gives a range from 41 to 63 miles per hour when the prima facie
[49:35.200 --> 49:37.280]  was 40.
[49:37.280 --> 49:40.840]  This doesn't look like an information to me, and I felt I...
[49:40.840 --> 49:41.840]  It's not.
[49:41.840 --> 49:45.840]  If it's a sworn statement by the officer, it's a complaint.
[49:45.840 --> 49:46.840]  Exactly.
[49:46.840 --> 49:52.240]  Do I even file a motion saying I still haven't gotten information, or do I just wait until
[49:52.240 --> 49:55.280]  the judge tries to go to trial with this?
[49:55.280 --> 50:01.240]  Well, you can do either or, but what you can do is if you argue it once you're at trial
[50:01.240 --> 50:05.560]  and they don't have it, then you argue subject matter jurisdiction right then and there.
[50:05.560 --> 50:10.880]  If you file a motion for that before trial, that's easy enough for them to fix.
[50:10.880 --> 50:15.080]  All they have to do is have the information done before the day of trial, and they can
[50:15.080 --> 50:16.080]  go ahead.
[50:16.080 --> 50:24.760]  Right now, the only motion that I have are the citation from the officer not allowing
[50:24.760 --> 50:30.160]  me to appear before magistrate, only before the 10th day.
[50:30.160 --> 50:31.640]  Wait a minute.
[50:31.640 --> 50:33.080]  This is a traffic citation?
[50:33.080 --> 50:34.080]  Yes, sir.
[50:34.080 --> 50:36.840]  I thought you said you weren't arrested.
[50:36.840 --> 50:37.840]  I was not.
[50:37.840 --> 50:41.360]  Yes, you were.
[50:41.360 --> 50:45.960]  If you don't believe that, go read section 543 transportation code.
[50:45.960 --> 50:46.960]  543.005.
[50:46.960 --> 50:49.600]  By him detaching me off the road.
[50:49.600 --> 50:50.880]  Actually, all of them.
[50:50.880 --> 50:58.760]  The arresting officer shall take the person arrested immediately before a magistrate or
[50:58.760 --> 51:08.920]  get a signed promise to appear before he may release you from custody.
[51:08.920 --> 51:11.360]  543.1.
[51:11.360 --> 51:17.760]  543.001 through 008.
[51:17.760 --> 51:24.440]  005 is the one that's real specific on that.
[51:24.440 --> 51:30.920]  And 002 says what he is supposed to do with you if you either sign the promise to appear,
[51:30.920 --> 51:36.040]  don't sign the promise to appear, or if he just decides to arrest you by taking you to
[51:36.040 --> 51:37.040]  the magistrate.
[51:37.040 --> 51:43.280]  Now, you're already under arrest according to that section, and you are in custody according
[51:43.280 --> 51:44.280]  to that section.
[51:44.280 --> 51:48.960]  Otherwise, how could he release you from custody under that section?
[51:48.960 --> 51:53.760]  I see.
[51:53.760 --> 51:57.800]  So despite what they want you to think, you were arrested.
[51:57.800 --> 52:04.280]  The moment he flipped his lights on, you were arrested, and it was a custodial arrest.
[52:04.280 --> 52:11.000]  They can't release you from custody if you're not in custody.
[52:11.000 --> 52:15.960]  It doesn't say release you from interrogation, release you from a questionable stop.
[52:15.960 --> 52:17.960]  It says from custody.
[52:17.960 --> 52:18.960]  Okay.
[52:18.960 --> 52:21.280]  I appreciate you so much.
[52:21.280 --> 52:24.320]  I have a lot of paperwork to do tonight, Dan.
[52:24.320 --> 52:25.320]  Okay.
[52:25.320 --> 52:26.320]  Thank you, guys.
[52:26.320 --> 52:27.320]  You're welcome.
[52:27.320 --> 52:28.320]  Okay.
[52:28.320 --> 52:36.680]  We're going to go now to, let's see who is next on the list, Oxford in Utah.
[52:36.680 --> 52:38.360]  Oxford, thanks for calling in.
[52:38.360 --> 52:40.400]  What is on your mind tonight?
[52:40.400 --> 52:41.400]  Thank you.
[52:41.400 --> 52:47.320]  This is my first time, so forgive me if I go off here, but...
[52:47.320 --> 52:48.320]  Okay.
[52:48.320 --> 52:50.320]  If you goof up, we won't laugh out loud.
[52:50.320 --> 52:51.320]  Okay.
[52:51.320 --> 52:52.320]  We promise.
[52:52.320 --> 53:00.800]  My daughter is in a foreclosure situation, and I've heard that there are some people
[53:00.800 --> 53:02.800]  that research...
[53:02.800 --> 53:07.960]  A lot of the banks, I guess, or some of the mortgage and bank companies have sold off
[53:07.960 --> 53:15.080]  the original title or note, I guess, to investors, and that's, I guess, what the derivative situation
[53:15.080 --> 53:17.720]  is all about.
[53:17.720 --> 53:22.000]  So when they go to foreclose, there's a question whether they actually own the property.
[53:22.000 --> 53:23.000]  Okay.
[53:23.000 --> 53:25.000]  I have a question.
[53:25.000 --> 53:36.880]  When the lender wrote the note and sold the security instrument to an investor, how much
[53:36.880 --> 53:45.480]  consideration did the lender receive for the security instrument?
[53:45.480 --> 53:52.240]  And if he received consideration at all, where does he have standing to express the lien?
[53:52.240 --> 53:55.040]  I'll give you an example.
[53:55.040 --> 53:57.280]  You hire me to work on your house.
[53:57.280 --> 53:58.880]  I do a lousy job.
[53:58.880 --> 53:59.880]  You don't want to pay me.
[53:59.880 --> 54:04.240]  So I file a mechanics lien, and you want to sell your house, but you can't.
[54:04.240 --> 54:06.760]  It's got this annoying mechanics lien in the way.
[54:06.760 --> 54:10.680]  So your brother comes to me and says, hey, hey, look, look, look, Oxford's a little T-O,
[54:10.680 --> 54:14.240]  P-O'd at you, and he's letting that get in the way of selling his house.
[54:14.240 --> 54:17.520]  Here, just let me pay this so he can get his house sold.
[54:17.520 --> 54:20.160]  So I collect from your brother.
[54:20.160 --> 54:23.760]  Can I then come back and collect again from you?
[54:23.760 --> 54:26.320]  Well, heck no.
[54:26.320 --> 54:28.840]  That would be fraud.
[54:28.840 --> 54:35.400]  So the lender has a lien against your property, has it about three days, and then he sells
[54:35.400 --> 54:39.720]  the security instrument and receives consideration.
[54:39.720 --> 54:45.960]  The lien is for the purpose of ensuring he receives his consideration.
[54:45.960 --> 54:53.880]  He received it, but he didn't transfer the lien to the purchaser of the security instrument.
[54:53.880 --> 54:57.720]  He kept it, and that made it unenforceable.
[54:57.720 --> 55:00.480]  So the question becomes, why would he do that?
[55:00.480 --> 55:03.600]  Well, it's called a 1099A.
[55:03.600 --> 55:08.400]  He'll hold it for three years, file a 1099A, claim all of that amount as abandoned funds
[55:08.400 --> 55:12.120]  right off his income tax, he'll get consideration a second time.
[55:12.120 --> 55:15.480]  And now he wants to foreclose and get it a third time?
[55:15.480 --> 55:20.120]  Yeah, I do more than have analysis.
[55:20.120 --> 55:23.160]  What we do is take them on.
[55:23.160 --> 55:30.640]  All of the fees that are on your settlement statement, what were they for?
[55:30.640 --> 55:38.640]  You know, the lender is very tightly restricted in what he can charge you.
[55:38.640 --> 55:46.800]  A lender can charge you the fees that you would have to pay if you had purchased a building
[55:46.800 --> 55:54.160]  with cash, title insurance, title search, appraisal, flood insurance check.
[55:54.160 --> 55:58.440]  There's a few of these little things that you would have to pay if you purchased it
[55:58.440 --> 55:59.440]  on your own.
[55:59.440 --> 56:04.760]  A processing fee for the loan, you wouldn't have to pay that because it wouldn't be a
[56:04.760 --> 56:05.760]  loan.
[56:05.760 --> 56:09.480]  Registration fees for the lien document, well, if you bought it by cash, you wouldn't have
[56:09.480 --> 56:11.000]  to pay that.
[56:11.000 --> 56:14.240]  That's considered part of the finance charge.
[56:14.240 --> 56:20.320]  Those things that are part of the normal course of business are part of the finance charge,
[56:20.320 --> 56:25.360]  which is the interest the lender charges you on the money.
[56:25.360 --> 56:32.520]  Or if the lender has to pay a third party, like the appraiser, the lender can't do the
[56:32.520 --> 56:38.180]  appraisal so they pay somebody else to do it, they can charge you for that.
[56:38.180 --> 56:44.960]  Everything else is improper and they can only pay the broker 1% of the note.
[56:44.960 --> 56:48.360]  Brokers never come away with less than 2 or 3%, so where do they get it?
[56:48.360 --> 56:54.120]  They get it from these fees that are charged that are called processing fee, underwriting
[56:54.120 --> 56:59.000]  fee, generally the lender does his own underwriting.
[56:59.000 --> 57:02.920]  Administration fee, there's just a whole stack of these, they make up interesting names for
[57:02.920 --> 57:05.160]  them.
[57:05.160 --> 57:11.360]  So first thing you want to do, qualified written request, list all the fees, calculate the
[57:11.360 --> 57:16.920]  amounts of all the fees and tell these guys, prove them up.
[57:16.920 --> 57:23.480]  Prove these fees were actually paid to a vendor, show me the invoice from that vendor, listing
[57:23.480 --> 57:28.960]  the services provided showing that they were necessary, listing the price for the service
[57:28.960 --> 57:34.560]  showing that the price was reasonable and I want to see your disbursement to that vendor
[57:34.560 --> 57:39.720]  so we know you didn't give it to the broker under the table, which is forbidden by law,
[57:39.720 --> 57:42.720]  make the contract void.
[57:42.720 --> 57:51.120]  Because that would give the broker reason to violate his fiduciary duty to you as the
[57:51.120 --> 57:58.840]  borrower to instead of find you the best deal, he would find himself the best deal by finding
[57:58.840 --> 58:01.840]  the lender that will give him the most money under the table.
[58:01.840 --> 58:02.840]  Right.
[58:02.840 --> 58:08.440]  I'll finish up on the other side quickly and can I hang on on this?
[58:08.440 --> 58:09.440]  Absolutely.
[58:09.440 --> 58:10.440]  Okay.
[58:10.440 --> 58:13.720]  Yeah, we're at the top of the hour break so just hang on Oxford.
[58:13.720 --> 58:20.480]  We've also got other folks calling in, Dan, Danny and more will be taking your calls on
[58:20.480 --> 58:21.480]  the other side.
[58:50.480 --> 59:04.400]  My name is Randall Kelton and I co-host on Rule of Law Radio.
[59:04.400 --> 59:09.200]  We specialize in showing people how to strike back against corrupt public officials.
[59:09.200 --> 59:13.720]  With the mortgage crisis worsening, we set our sights on finding a remedy for people
[59:13.720 --> 59:15.760]  who have been cheated by their lenders.
[59:15.760 --> 59:20.760]  If you have a mortgage or have paid yours off, you have probably been cheated out of
[59:20.760 --> 59:21.760]  thousands.
[59:21.760 --> 59:22.760]  But there is a remedy.
[59:22.760 --> 59:31.560]  Go to remediesinrealestate.com or call me at 512-430-4140 and find out how to use the
[59:31.560 --> 59:37.160]  consumer protection laws to recover what the lenders have stolen through fraud and deception.
[59:37.160 --> 59:41.960]  We will prepare for you a qualified written request that will expose the fraud and put
[59:41.960 --> 59:43.840]  the lenders on the dime.
[59:43.840 --> 59:47.920]  Under fraud is bankrupting this country and it's time to fight back.
[59:47.920 --> 59:57.560]  Go to remediesinrealestate.com or call 512-430-4140 and get the information you need to stop the
[59:57.560 --> 01:00:04.840]  money changers in their tracks.
[01:00:04.840 --> 01:00:10.480]  In Iraq Sunday, 54 people were killed and 140 wounded in explosions as more than 60 percent
[01:00:10.480 --> 01:00:13.800]  of the population voted in parliamentary elections.
[01:00:13.800 --> 01:00:16.960]  The first results were not expected until Tuesday.
[01:00:16.960 --> 01:00:24.280]  General Ray Odierno said most of the 96,000 U.S. troops in Iraq will remain until May.
[01:00:24.280 --> 01:00:30.200]  Iceland's voters have resoundingly rejected a $5.3 billion plan to pay off Britain and
[01:00:30.200 --> 01:00:35.480]  the Netherlands for debts spawned by the collapse of an Icelandic internet bank.
[01:00:35.480 --> 01:00:41.240]  Results from 40 percent of the ballots showed 93 percent of voters said no in the referendum.
[01:00:41.240 --> 01:00:44.480]  More results are expected overnight.
[01:00:44.480 --> 01:00:50.440]  Even though the Vietnam War ended in 1975, Laos and Cambodia are still struggling to
[01:00:50.440 --> 01:00:53.520]  get rid of a massive number of unexploded bombs.
[01:00:53.520 --> 01:00:58.520]  Since 1964, these caused at least 50,000 casualties.
[01:00:58.520 --> 01:01:05.480]  Between 1964 and 1973, the U.S. dropped 2 million tons of bombs on Laos, the heaviest
[01:01:05.480 --> 01:01:07.320]  aerial bombing in history.
[01:01:07.320 --> 01:01:16.920]  Up to 30 percent did not detonate.
[01:01:16.920 --> 01:01:22.280]  A California man has been sentenced to eight years in prison for stealing a bag of shredded
[01:01:22.280 --> 01:01:23.280]  cheese.
[01:01:23.280 --> 01:01:28.360]  Robert Ferguson avoided a life sentence under the state's controversial three strikes law
[01:01:28.360 --> 01:01:32.320]  after a psychological evaluation deemed him bipolar.
[01:01:32.320 --> 01:01:37.520]  The ruling highlighted the critical overcrowding in the California prison system caused by
[01:01:37.520 --> 01:01:41.920]  the war on drugs and one of the country's highest recidivism rates.
[01:01:41.920 --> 01:01:50.040]  The system held over 166,000 inmates as of last August, but is so overcrowded 8,000 have
[01:01:50.040 --> 01:01:52.520]  been sent to prisons out of state.
[01:01:52.520 --> 01:01:57.680]  California's three strikes law significantly increased the amount of time repeat criminals
[01:01:57.680 --> 01:01:59.040]  serve in prison.
[01:01:59.040 --> 01:02:04.920]  It provides 25 years to life for a third serious or violent criminal conviction.
[01:02:04.920 --> 01:02:20.080]  As of March 2008, more than 41,000 people were in prison under the three strikes law.
[01:02:20.080 --> 01:02:25.040]  Regulators shut four banks Friday, pushing the number of U.S. failures to 26 this year
[01:02:25.040 --> 01:02:30.040]  and placing more pressure on the Federal Deposit Insurance Corporation to dispose of a growing
[01:02:30.040 --> 01:02:32.600]  pile of toxic assets.
[01:02:32.600 --> 01:02:37.720]  Lenders are collapsing at the fastest rate in 17 years amid losses of residential and
[01:02:37.720 --> 01:02:41.320]  commercial real estate loans made at the height of the market.
[01:02:41.320 --> 01:02:47.080]  FDIC Chairman Sheila Blair warned last month the pace of failure will exceed last year's
[01:02:47.080 --> 01:02:49.240]  total of 140.
[01:02:49.240 --> 01:02:55.920]  The FDIC said last month 702 banks were on its problem list as of December 31.
[01:02:55.920 --> 01:03:04.880]  Top of the hour news brought to you by INN World Report.
[01:03:04.880 --> 01:03:11.880]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[01:03:11.880 --> 01:03:20.560]  talk radio at its best.
[01:03:20.560 --> 01:03:45.760]  It's all according to the will of the Almighty, I read his book and he says he cares not for
[01:03:45.760 --> 01:03:46.760]  the unsightly.
[01:03:46.760 --> 01:03:53.960]  I won't pay for the war with my body, ain't gonna pay for the car with my money, I won't
[01:03:53.960 --> 01:04:00.680]  pay for the fun with my body, their plans wicked and their logic shoddy, ain't gonna
[01:04:00.680 --> 01:04:07.280]  pay for the oil with my body, I won't pay for the boys with my money.
[01:04:07.280 --> 01:04:08.280]  Okay we are back.
[01:04:08.280 --> 01:04:13.080]  Randy, you were speaking with Oxford, tell him what information he needs to get from
[01:04:13.080 --> 01:04:14.560]  these people.
[01:04:14.560 --> 01:04:20.960]  Okay this is one of the things I put together, I primarily do due process and I looked at
[01:04:20.960 --> 01:04:26.720]  the foreclosure issue because so many people are having problems with it and attacked it
[01:04:26.720 --> 01:04:28.400]  from a due process posture.
[01:04:28.400 --> 01:04:35.840]  Now if you, I'm gonna do a little shameless promotion here, go to remediesinrealestate.com,
[01:04:35.840 --> 01:04:44.440]  there's a data input page there and put in your information and I can put together a
[01:04:44.440 --> 01:04:54.320]  qualified written request that will put the lender on notice claiming that all of the
[01:04:54.320 --> 01:05:03.080]  fees that he charged, can you hear that?
[01:05:03.080 --> 01:05:09.040]  Okay all of the fees he charged are improper or at least we don't believe they're proper,
[01:05:09.040 --> 01:05:10.840]  we don't know what they are.
[01:05:10.840 --> 01:05:17.520]  And since the statute is very clear on what you can charge and what you can't charge,
[01:05:17.520 --> 01:05:19.400]  prove them up.
[01:05:19.400 --> 01:05:23.720]  Prove that each one of these fees are actually valid fees and not just bogus fees you put
[01:05:23.720 --> 01:05:28.600]  together to add extra money to the broker.
[01:05:28.600 --> 01:05:33.800]  You see the Real Estate Settlement Procedures Act restricted the amount you could pay a
[01:05:33.800 --> 01:05:39.880]  broker to one percent, the lender could pay the broker and the reason being is the broker
[01:05:39.880 --> 01:05:44.840]  works for you, he's supposed to be finding you the best deal.
[01:05:44.840 --> 01:05:49.120]  So they told all of the lenders you can only pay a broker one percent, that makes an even
[01:05:49.120 --> 01:05:50.820]  playing field.
[01:05:50.820 --> 01:05:57.340]  So now if you want clients, you have to give a better deal to the broker's client.
[01:05:57.340 --> 01:06:05.000]  So what they did was give a better deal to the broker to get the broker to do upselling.
[01:06:05.000 --> 01:06:11.560]  To convince you as his client, you tend to trust your broker because he's licensed and
[01:06:11.560 --> 01:06:16.760]  regulated by the states, we have reason to believe you can trust him to work for you.
[01:06:16.760 --> 01:06:23.400]  Then he comes to you and tells you that this is the only loan you qualify for, when in
[01:06:23.400 --> 01:06:29.400]  fact you would qualify for a much cheaper loan, that's called upselling and the lenders
[01:06:29.400 --> 01:06:33.920]  will slip them money under the table to get them to do that.
[01:06:33.920 --> 01:06:40.240]  Well we want to make sure that all of these fees here were actually given to vendors and
[01:06:40.240 --> 01:06:44.400]  none of them were slid under the table back to the broker.
[01:06:44.400 --> 01:06:50.080]  You fail to prove one up and we'll consider it's a bogus fee.
[01:06:50.080 --> 01:06:55.380]  Take it off the head of the note, take two thousand dollar respa violation off the head
[01:06:55.380 --> 01:07:00.480]  of the note and then sue you for it if you don't make the corrections.
[01:07:00.480 --> 01:07:06.680]  This puts him on a really big dime, it's not in the lender's best interest or someone who
[01:07:06.680 --> 01:07:14.440]  is servicing for a lender to grant you a loan modification or a short sale, they lose money
[01:07:14.440 --> 01:07:16.760]  on that.
[01:07:16.760 --> 01:07:21.380]  The servicer makes money when you pay late, he makes an extra five percent, all the late
[01:07:21.380 --> 01:07:23.800]  fees go to the servicer.
[01:07:23.800 --> 01:07:27.760]  So it's in his best interest if you can barely pay your loan.
[01:07:27.760 --> 01:07:33.720]  He wants you paying late every month and he makes no money if he does a modification but
[01:07:33.720 --> 01:07:36.880]  he does make a lot of money if he does the foreclosure.
[01:07:36.880 --> 01:07:41.120]  He doesn't lose anything because he's already sold the note to an investor.
[01:07:41.120 --> 01:07:46.120]  So this guy is standing in the middle stealing from both sides.
[01:07:46.120 --> 01:07:52.960]  This time we took him to task and I kind of want to talk more about this on Thursday.
[01:07:52.960 --> 01:07:58.560]  If you call in Thursday I'll go into this in a lot more detail.
[01:07:58.560 --> 01:07:59.560]  You can hear me?
[01:07:59.560 --> 01:08:01.040]  Yes, I can hear you.
[01:08:01.040 --> 01:08:02.040]  Hello?
[01:08:02.040 --> 01:08:03.040]  Yes, go ahead Oxford.
[01:08:03.040 --> 01:08:04.040]  Oh, okay.
[01:08:04.040 --> 01:08:11.360]  Well, what about the selling of the note thing, how do you determine that the note was sold?
[01:08:11.360 --> 01:08:15.880]  Do you have a process where you can determine whether it was sold or not?
[01:08:15.880 --> 01:08:25.000]  We have requests in with the lender for the real party in interest who actually ask for
[01:08:25.000 --> 01:08:27.280]  the original note.
[01:08:27.280 --> 01:08:32.060]  If the lender has never sold it, he'll still have the original.
[01:08:32.060 --> 01:08:36.240]  If he sold it, the original is gone, they'll never be able to produce it.
[01:08:36.240 --> 01:08:42.440]  So he has to produce the note you signed to prove that he has standing to come before
[01:08:42.440 --> 01:08:44.880]  the court.
[01:08:44.880 --> 01:08:53.000]  He's not going to have it and the trick is getting the courts to actually rule in accordance
[01:08:53.000 --> 01:08:54.240]  with the law.
[01:08:54.240 --> 01:09:00.280]  These lenders in securitizing notes have created a condition to where no one has standing to
[01:09:00.280 --> 01:09:02.880]  move against your property.
[01:09:02.880 --> 01:09:06.160]  They've created an incredible mess for themselves.
[01:09:06.160 --> 01:09:10.320]  Now it's coming home to roost on them and the banks tend to have a lot of money to buy
[01:09:10.320 --> 01:09:12.780]  the judges with.
[01:09:12.780 --> 01:09:17.640]  So it's up to us to deal with this and the way we deal with it is we go after them pro
[01:09:17.640 --> 01:09:18.640]  se.
[01:09:18.640 --> 01:09:25.000]  So no attorney would do to a judge what a pro se can do to the judge and we bring in
[01:09:25.000 --> 01:09:31.680]  an attorney at the end to pull us off the judge and the opposing counsel.
[01:09:31.680 --> 01:09:34.520]  But we have some other callers that are more on topic.
[01:09:34.520 --> 01:09:37.000]  If you'll call back Thursday, we'll go into this in more detail.
[01:09:37.000 --> 01:09:43.000]  Can you just tell me about how much does this cost to file this stuff that you do?
[01:09:43.000 --> 01:09:44.000]  $500.
[01:09:44.000 --> 01:09:45.000]  Huh?
[01:09:45.000 --> 01:09:46.000]  $500.
[01:09:46.000 --> 01:09:47.000]  Okay.
[01:09:47.000 --> 01:09:48.000]  All right.
[01:09:48.000 --> 01:09:49.000]  Yeah.
[01:09:49.000 --> 01:09:50.000]  I'm cheap.
[01:09:50.000 --> 01:09:56.000]  Everybody says I'm cheap, but Jimmy, that's the ones I owe money to.
[01:09:56.000 --> 01:09:59.000]  He's cheap, but he ain't easy.
[01:09:59.000 --> 01:10:05.840]  If it's determined that they don't have a note, that they sold it off, then what happens
[01:10:05.840 --> 01:10:10.320]  if the judge rules in her favor, then does she just own the house outright and let somebody
[01:10:10.320 --> 01:10:13.000]  else contest it, whoever it was sold to?
[01:10:13.000 --> 01:10:15.280]  That's exactly what we go for.
[01:10:15.280 --> 01:10:19.000]  It's not reasonable to think that we're going to actually be able to get that.
[01:10:19.000 --> 01:10:21.400]  That's what we're going after.
[01:10:21.400 --> 01:10:28.400]  Primarily the most likely outcome is to get the lender to come to the table and make you
[01:10:28.400 --> 01:10:30.800]  a deal you can't pass up.
[01:10:30.800 --> 01:10:39.560]  We come back to him with a claim that's four or five times the amount of the loan, a claim
[01:10:39.560 --> 01:10:45.120]  of fraud against him in that amount, that's going to give him reason to come to the table.
[01:10:45.120 --> 01:10:50.160]  In this political climate, none of them wants to get in front of a jury with these kinds
[01:10:50.160 --> 01:10:54.440]  of claims against them, especially after this bailout.
[01:10:54.440 --> 01:10:56.440]  I'll have her call you.
[01:10:56.440 --> 01:10:57.440]  Okay.
[01:10:57.440 --> 01:10:58.440]  Call in Thursday.
[01:10:58.440 --> 01:10:59.440]  We'll talk more about it.
[01:10:59.440 --> 01:11:00.440]  All right.
[01:11:00.440 --> 01:11:01.440]  Thanks, Deborah.
[01:11:01.440 --> 01:11:02.440]  Okay.
[01:11:02.440 --> 01:11:03.440]  Great.
[01:11:03.440 --> 01:11:06.440]  Also, you can go to remediesinrealestate.com.
[01:11:06.440 --> 01:11:07.440]  Right.
[01:11:07.440 --> 01:11:08.440]  I have that.
[01:11:08.440 --> 01:11:09.440]  Okay.
[01:11:09.440 --> 01:11:10.440]  Good.
[01:11:10.440 --> 01:11:11.440]  All right.
[01:11:11.440 --> 01:11:12.440]  Thank you.
[01:11:12.440 --> 01:11:13.440]  Okay.
[01:11:13.440 --> 01:11:14.440]  Wonderful.
[01:11:14.440 --> 01:11:15.440]  All right.
[01:11:15.440 --> 01:11:16.440]  We're going to go now to Danny in Texas.
[01:11:16.440 --> 01:11:17.440]  Danny, thanks for calling in.
[01:11:17.440 --> 01:11:18.440]  What's on your mind tonight?
[01:11:18.440 --> 01:11:19.440]  Okay.
[01:11:19.440 --> 01:11:20.440]  Danny in Texas.
[01:11:20.440 --> 01:11:21.440]  Okay.
[01:11:21.440 --> 01:11:22.440]  You got me?
[01:11:22.440 --> 01:11:23.440]  Yes.
[01:11:23.440 --> 01:11:24.440]  Go ahead.
[01:11:24.440 --> 01:11:25.440]  Okay.
[01:11:25.440 --> 01:11:31.960]  Well, I was glad to hear you bringing up Article 5, Section 17.
[01:11:31.960 --> 01:11:35.200]  That's kind of my pet thing for past several years now.
[01:11:35.200 --> 01:11:39.000]  I'm glad to get it broadcasted a little bit more.
[01:11:39.000 --> 01:11:47.080]  But clarify one little thing that, Eddie, that you mentioned there to come out the information
[01:11:47.080 --> 01:11:52.880]  that if you read, closely read Article 5, Section 17, you can see that the only court
[01:11:52.880 --> 01:11:57.960]  that's been authorized to start a prosecution with information is the Constitutional County
[01:11:57.960 --> 01:11:58.960]  Court.
[01:11:58.960 --> 01:12:03.600]  All the other courts is an indictment.
[01:12:03.600 --> 01:12:05.640]  Yeah.
[01:12:05.640 --> 01:12:07.200]  I was looking at that.
[01:12:07.200 --> 01:12:11.680]  I've got some more studying to do on it before I bring it up and insinuate I don't know
[01:12:11.680 --> 01:12:12.680]  what I'm talking about.
[01:12:12.680 --> 01:12:15.680]  Well, Bob, should I say what state you're calling from?
[01:12:15.680 --> 01:12:16.680]  Yeah.
[01:12:16.680 --> 01:12:19.680]  So that's the only reason I hadn't brought that up yet is because I had to go into that
[01:12:19.680 --> 01:12:20.680]  in depth.
[01:12:20.680 --> 01:12:21.680]  Okay.
[01:12:21.680 --> 01:12:22.680]  Mike, you sound real distorted.
[01:12:22.680 --> 01:12:23.680]  Did you just call in a minute ago?
[01:12:23.680 --> 01:12:24.680]  Yeah.
[01:12:24.680 --> 01:12:25.680]  And let's see.
[01:12:25.680 --> 01:12:26.680]  What was there?
[01:12:26.680 --> 01:12:27.680]  Oh, yeah.
[01:12:27.680 --> 01:12:33.720]  Somebody the other day is talking about them thinking in the municipal court or something
[01:12:33.720 --> 01:12:39.120]  that they can do just about anything because you can appeal and have a trial de novo.
[01:12:39.120 --> 01:12:42.200]  So it really doesn't do anything.
[01:12:42.200 --> 01:12:50.200]  Well, I just recently sent you an email just within the last hour or so of some cases from
[01:12:50.200 --> 01:12:56.400]  the past where they were showing that the municipal and justice court not having jurisdiction
[01:12:56.400 --> 01:13:04.800]  in the county court didn't have jurisdiction on appeal and that the remedy is habeas corpus.
[01:13:04.800 --> 01:13:05.800]  Okay.
[01:13:05.800 --> 01:13:10.120]  I'll make sure to take a look at that then.
[01:13:10.120 --> 01:13:11.120]  Yeah.
[01:13:11.120 --> 01:13:16.920]  But I know tried to do that with somebody had something so just to get out of the first
[01:13:16.920 --> 01:13:20.960]  court they went to appeal and then the first thing we tried to bring up was the dismissed
[01:13:20.960 --> 01:13:25.200]  appeal for lack of jurisdiction for those reasons inside in the case.
[01:13:25.200 --> 01:13:34.280]  I don't know if they didn't really read the paperwork or not but they didn't go that way.
[01:13:34.280 --> 01:13:41.200]  So maybe something to get them to pay attention better.
[01:13:41.200 --> 01:13:46.840]  Well, I'll take a look at it, Danny, see what I can find out and work something up over
[01:13:46.840 --> 01:13:47.840]  it if possible.
[01:13:47.840 --> 01:13:48.840]  Yeah.
[01:13:48.840 --> 01:13:49.840]  Oh, yeah.
[01:13:49.840 --> 01:13:54.200]  And I think Friday you mentioned something about some paperwork you were reading.
[01:13:54.200 --> 01:14:01.800]  I think that's what I sent in, a notice to the local municipality about potential claims
[01:14:01.800 --> 01:14:06.120]  against it for things going on in this, yeah.
[01:14:06.120 --> 01:14:12.560]  And originally did something of that type for someone who was in jail already because
[01:14:12.560 --> 01:14:17.640]  trying to habeas corpus for them and just nothing was really going.
[01:14:17.640 --> 01:14:26.120]  And I worked in preparing a claim against another entity and had that in mind some of
[01:14:26.120 --> 01:14:32.000]  the, and had gotten copies of tort claims put into like county commissioner's court
[01:14:32.000 --> 01:14:40.280]  before so kind of had a format of how attorneys set it up and just kind of based on that.
[01:14:40.280 --> 01:14:49.400]  And in her case that took about three days before somebody in risk management actually
[01:14:49.400 --> 01:14:55.400]  read it, I guess, but she said that once they started trying to get her out, they couldn't
[01:14:55.400 --> 01:15:00.960]  get her to move fast enough to get her out and just, you know, put your shoes on, put
[01:15:00.960 --> 01:15:04.560]  your shoes on, put your shoes on, just push and get her on out once they decided they
[01:15:04.560 --> 01:15:05.560]  needed to go.
[01:15:05.560 --> 01:15:13.600]  Anyway, I just want to bring those things up and tell you I appreciate that you're
[01:15:13.600 --> 01:15:20.280]  recognizing that about Article 56 and 17 and, you know, all the things like they've been
[01:15:20.280 --> 01:15:21.760]  doing wrong.
[01:15:21.760 --> 01:15:25.240]  Well, we're working on it piece by piece.
[01:15:25.240 --> 01:15:26.240]  Okay.
[01:15:26.240 --> 01:15:27.720]  Well, I'll let you go.
[01:15:27.720 --> 01:15:28.720]  All right.
[01:15:28.720 --> 01:15:29.720]  Later.
[01:15:29.720 --> 01:15:30.720]  Thanks, sir.
[01:15:30.720 --> 01:15:31.720]  Bye-bye.
[01:15:31.720 --> 01:15:32.720]  Bye-bye.
[01:15:32.720 --> 01:15:33.720]  Okay.
[01:15:33.720 --> 01:15:36.720]  Before we get to the next one, there's three things I need you guys to be aware of out
[01:15:36.720 --> 01:15:41.720]  there dealing with the Texas Rules of Evidence, and I just want to go into this real quick
[01:15:41.720 --> 01:15:45.280]  so any of you that have a court case coming up or something, you'll know exactly how this
[01:15:45.280 --> 01:15:47.360]  could benefit you.
[01:15:47.360 --> 01:15:50.720]  The Texas Rule of Evidence is only 24 printed pages long.
[01:15:50.720 --> 01:15:53.560]  They're not very many.
[01:15:53.560 --> 01:15:55.720]  They're not too hard to understand.
[01:15:55.720 --> 01:15:59.120]  You can print this out and take it into court with you if you need to.
[01:15:59.120 --> 01:16:07.760]  Rule 101, Title and Scope, Subsection C, Hierarchical Governance and Criminal Proceedings.
[01:16:07.760 --> 01:16:10.760]  Hierarchical governance shall be in the following order.
[01:16:10.760 --> 01:16:15.800]  The Constitution of the United States, those federal statutes that control states under
[01:16:15.800 --> 01:16:21.560]  the Supremacy Clause, the Constitution of Texas, the Code of Criminal Procedure, and
[01:16:21.560 --> 01:16:22.560]  the Penal Code.
[01:16:22.560 --> 01:16:25.560]  In other words, they carry the same weight.
[01:16:25.560 --> 01:16:30.880]  Federal statutes, these rules, and the common law.
[01:16:30.880 --> 01:16:35.000]  Whenever possible, inconsistency is to be removed by reasonable construction.
[01:16:35.000 --> 01:16:40.560]  The reason, I'll cover on the other side why this rule is important to us.
[01:16:40.560 --> 01:16:43.200]  All right, and callers, just hang on the line.
[01:16:43.200 --> 01:16:46.840]  We've got another Dan, Gary, and Mike from Florida.
[01:16:46.840 --> 01:16:56.280]  We'll be right back.
[01:16:56.280 --> 01:17:01.760]  Hello, Austin.
[01:17:01.760 --> 01:17:05.520]  My name is Harlan Dietrich, owner of Brave New Books, a local independent bookstore here
[01:17:05.520 --> 01:17:06.520]  in town.
[01:17:06.520 --> 01:17:09.800]  Many of you are familiar with the bookstore and have attended some of our events.
[01:17:09.800 --> 01:17:14.360]  We've been proud to host speakers like Alex Jones, Ron Paul, Jim Mars, Catherine Albert,
[01:17:14.360 --> 01:17:18.840]  Professor Carpley, G. Edward Griffin, and many other heroic figures in the Patriot Movement.
[01:17:18.840 --> 01:17:21.240]  But now, Brave New Books needs your help.
[01:17:21.240 --> 01:17:25.400]  In order to continue to provide a space for these events and be an outlet for hard to
[01:17:25.400 --> 01:17:30.000]  find materials, we're going to need you, Austin, to help spread the word about the bookstore.
[01:17:30.000 --> 01:17:34.040]  Please tell your friends and family about the wide variety of materials we offer.
[01:17:34.040 --> 01:17:37.960]  We also have DVD duplication capabilities for all you activists.
[01:17:37.960 --> 01:17:42.000]  Also, if you haven't visited us yet, please come down and show your support.
[01:17:42.000 --> 01:17:46.160]  It is so easy to support the big corporate chain stores that do nothing to further our
[01:17:46.160 --> 01:17:47.160]  message.
[01:17:47.160 --> 01:17:49.160]  Remember, you vote with your dollars.
[01:17:49.160 --> 01:17:50.160]  We're counting on you, Austin.
[01:17:50.160 --> 01:17:57.840]  If you need any information, please call 512-480-2503 or visit us at 1904 Guadalupe Street.
[01:17:57.840 --> 01:17:58.840]  Thank you, everyone.
[01:17:58.840 --> 01:18:13.040]  Thanks.
[01:18:28.840 --> 01:18:35.840]  You put the fear in my pocket, took the money from my hand
[01:18:35.840 --> 01:18:40.840]  Ain't gonna fool me with that same old trick again
[01:18:40.840 --> 01:19:00.840]  Ain't gonna fool me
[01:19:00.840 --> 01:19:05.840]  Ain't gonna drive me with that same old sucker puns
[01:19:05.840 --> 01:19:10.840]  I get it now but then I must have been out there
[01:19:10.840 --> 01:19:36.840]  Back then you had me
[01:19:40.840 --> 01:19:44.840]  I'm gonna drop off like six times apiece in the last half an hour
[01:19:44.840 --> 01:19:46.840]  And it's very distracting for me
[01:19:46.840 --> 01:19:49.840]  And I forgot to mute my mic at one point
[01:19:49.840 --> 01:19:51.840]  So please callers, please just use a regular phone
[01:19:51.840 --> 01:19:53.840]  We'd really, really appreciate it
[01:19:53.840 --> 01:19:56.840]  Okay, go ahead, Eddie
[01:19:56.840 --> 01:20:01.840]  Okay, the reason that rule 101 subsection C is important to us
[01:20:01.840 --> 01:20:07.840]  Is because where it says the civil statutes take priority over the rules in this code
[01:20:07.840 --> 01:20:12.840]  If you guys will remember, I've told you before that there's a section in the Code of Criminal Procedure
[01:20:12.840 --> 01:20:15.840]  That states when statements can be used
[01:20:15.840 --> 01:20:27.840]  And it specifically shows that any recordings or statements made without your being mirandized
[01:20:27.840 --> 01:20:30.840]  Is automatically unable to be used against you
[01:20:30.840 --> 01:20:34.840]  That's Article 38.22 of the Code of Criminal Procedure
[01:20:34.840 --> 01:20:38.840]  And it specifically limits it to where
[01:20:38.840 --> 01:20:43.840]  No oral or sign language statement of an accused made as a result of custodial interrogation
[01:20:43.840 --> 01:20:48.840]  Shall be admissible against the accused in a criminal proceeding unless
[01:20:48.840 --> 01:20:55.840]  And we got sub-item two and five and E, five E that are important to us
[01:20:55.840 --> 01:20:58.840]  An electron, let's see, prior to the statement
[01:20:58.840 --> 01:21:03.840]  But during the recording the accused is given the warning in subsection A of section two above
[01:21:03.840 --> 01:21:09.840]  And the accused knowingly, intelligently, and voluntarily ways any rights set out in the warning
[01:21:09.840 --> 01:21:14.840]  Sub-item five, not later than the 20th day before the day of the proceeding
[01:21:14.840 --> 01:21:19.840]  The attorney representing the defendant is provided with a true, complete, and accurate copy of all recordings
[01:21:19.840 --> 01:21:22.840]  Of the defendant made under this article
[01:21:22.840 --> 01:21:27.840]  And sub-item E, the courts of this state shall strictly construe subsection A of this section
[01:21:27.840 --> 01:21:34.840]  And may not interpret subsection A as making admissible a statement unless all requirements of that subsection
[01:21:34.840 --> 01:21:37.840]  Have been satisfied by the state
[01:21:37.840 --> 01:21:43.840]  So, those recordings the officer makes in his car, interrogating you
[01:21:43.840 --> 01:21:48.840]  And then trying to use to show the jury exactly what went on during the stop
[01:21:48.840 --> 01:21:53.840]  How many of you were ever given a copy of that at least 20 days prior to trial?
[01:21:53.840 --> 01:21:58.840]  In all the times I've gone to court, I have yet to ever be given a copy of that recording
[01:21:58.840 --> 01:22:04.840]  But that recording seems to always find its way into the very first thing done in court
[01:22:04.840 --> 01:22:13.840]  According to 101 subsection C, these statutes say it can't be used if you were not given a copy of it
[01:22:13.840 --> 01:22:18.840]  And you were not mirandized before that information was taken from you
[01:22:18.840 --> 01:22:20.840]  Keep that in mind
[01:22:20.840 --> 01:22:24.840]  Now, let's do another quickie over at 201
[01:22:24.840 --> 01:22:28.840]  Dealing with judicial notice of adjudicated facts
[01:22:28.840 --> 01:22:35.840]  And you want to go down and look at sub-item D
[01:22:35.840 --> 01:22:44.840]  When mandatory, a court shall take judicial notice if requested by a party and supplied with the necessary information
[01:22:44.840 --> 01:22:47.840]  Notice that says shall take notice
[01:22:47.840 --> 01:22:52.840]  That creates a duty according to Chapter 311 Government Code
[01:22:52.840 --> 01:22:53.840]  So, it's not an option
[01:22:53.840 --> 01:22:57.840]  Notice it said when mandatory
[01:22:57.840 --> 01:23:02.840]  Sub-item E of Rule 201, opportunity to be heard
[01:23:02.840 --> 01:23:06.840]  A party is entitled upon timely request to an opportunity to be heard
[01:23:06.840 --> 01:23:11.840]  As to the propriety of taking judicial notice and the tenor of the matter notice
[01:23:11.840 --> 01:23:17.840]  In the absence of prior notification, the request may be made after judicial notice has been taken
[01:23:17.840 --> 01:23:19.840]  Sub-item F, time of taking notice
[01:23:19.840 --> 01:23:25.840]  Judicial notice may be taken at any stage of the proceedings
[01:23:25.840 --> 01:23:27.840]  Keep all that in mind
[01:23:27.840 --> 01:23:33.840]  Last one, Rule 204, determination of Texas city and county ordinances
[01:23:33.840 --> 01:23:39.840]  The contents of the Texas Register and the rules of agencies published in the Administrative Code
[01:23:39.840 --> 01:23:43.840]  To all those officers who swore up and down they were not officers
[01:23:43.840 --> 01:23:49.840]  Posting on the Ellis County blog saying that you knew more than I did about what the rules were
[01:23:49.840 --> 01:23:51.840]  Listen up
[01:23:51.840 --> 01:23:56.840]  A court upon its own motion may or upon the motion of a party shall
[01:23:56.840 --> 01:24:01.840]  Take judicial notice of the ordinances of municipalities and counties of Texas
[01:24:01.840 --> 01:24:08.840]  Of the contents of the Texas Register and of the codified rules of the agencies published in the Administrative Code
[01:24:08.840 --> 01:24:12.840]  Any party requesting that judicial notice be taken of such matter
[01:24:12.840 --> 01:24:18.840]  Shall furnish the court sufficient information to enable it properly to comply with the request
[01:24:18.840 --> 01:24:25.840]  And shall give all parties such notice, if any, as the court may deem necessary to enable all parties
[01:24:25.840 --> 01:24:28.840]  Fairly to prepare to meet the request
[01:24:28.840 --> 01:24:32.840]  Which is exactly what my motion is dealing with all this attempt to do
[01:24:32.840 --> 01:24:39.840]  A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice
[01:24:39.840 --> 01:24:41.840]  And the tender of the matter noticed
[01:24:41.840 --> 01:24:46.840]  In the absence of prior notification the request may be made after judicial notice has been taken
[01:24:46.840 --> 01:24:52.840]  The court's determination shall be subject to review as a ruling on a question of law
[01:24:52.840 --> 01:25:01.840]  Meaning if they deny you that right it can be reviewed by the appellate court as a matter of law
[01:25:01.840 --> 01:25:07.840]  Now, that's one of the purposes for that motion for a fair trial
[01:25:07.840 --> 01:25:13.840]  The fair and impartial trial motion states very clearly that the reminder to the court is
[01:25:13.840 --> 01:25:18.840]  Is that the courtroom is the proper place to argue the law
[01:25:18.840 --> 01:25:25.840]  The definitions of the law, the use of the law, the application of the law, the enforcement of the law
[01:25:25.840 --> 01:25:31.840]  The subject matter jurisdiction of the law, the impersonal jurisdiction of the law
[01:25:31.840 --> 01:25:38.840]  And whether or not the court has the authority to enforce the punishment decided on a conviction of that law
[01:25:38.840 --> 01:25:44.840]  See where the deal is? These are the rules they must play by
[01:25:44.840 --> 01:25:49.840]  If you can catch them and know how to control them with them
[01:25:49.840 --> 01:25:58.840]  Stand your ground, folks. Do not let the court threaten you into trying to waive something you have a right to
[01:25:58.840 --> 01:26:08.840]  The exercise of a right cannot be converted into a crime, not even a crime of contempt
[01:26:08.840 --> 01:26:10.840]  So be aware of that
[01:26:10.840 --> 01:26:15.840]  Okay, those that are going to court, look those rules up, rules of evidence
[01:26:15.840 --> 01:26:18.840]  Print them out, take them with you, study them before you go
[01:26:18.840 --> 01:26:20.840]  Okay, back to the callers
[01:26:20.840 --> 01:26:23.840]  Okay, we're going now to Gary in Texas
[01:26:23.840 --> 01:26:26.840]  All right, Gary, thanks for calling in. What's on your mind tonight?
[01:26:26.840 --> 01:26:29.840]  Yes, I do appreciate your program. It's wonderful
[01:26:29.840 --> 01:26:37.840]  I just had a little question there with Randy about he said that lenders can't do the appraisal
[01:26:37.840 --> 01:26:45.840]  And lenders can't really do the appraisal, but their employees do
[01:26:45.840 --> 01:26:53.840]  And when their employees do, the lender who writes the check to the appraiser tells them what to do
[01:26:53.840 --> 01:26:59.840]  Which is a very, very important issue on how values get to what they are
[01:26:59.840 --> 01:27:08.840]  And with the new law that came, it's not a law, with the new procedure that came in with HBCC
[01:27:08.840 --> 01:27:16.840]  In May of 2009, they now go through what is called an AMC, and they just put a little buffer
[01:27:16.840 --> 01:27:22.840]  A little of a smoke screen here, and their AMC is still owned by the same lender
[01:27:22.840 --> 01:27:33.840]  But they, instead of paying the appraiser, let's say a typical fee of $400, the AMC is going to pay the appraiser $200
[01:27:33.840 --> 01:27:40.840]  And they're going to absorb the rest, and the AMC, since the lender can't tell you what to do
[01:27:40.840 --> 01:27:45.840]  The AMC will tell you what to do
[01:27:45.840 --> 01:27:49.840]  So consequently, you're getting a very skewed appraisal
[01:27:49.840 --> 01:27:55.840]  This is not in just Texas, this is nationwide
[01:27:55.840 --> 01:28:00.840]  This is good news. I am definitely going to want to talk to you off the air
[01:28:00.840 --> 01:28:04.840]  I'll be glad to talk to you. You can call me anytime
[01:28:04.840 --> 01:28:08.840]  You want to talk about racketeering and Guido?
[01:28:08.840 --> 01:28:16.840]  I haven't done, I have not done any appraisals for any appraisal management company
[01:28:16.840 --> 01:28:20.840]  Because it's just against my grain. I'll sit here and die first
[01:28:20.840 --> 01:28:25.840]  I just don't do that, period, do not do that, and I have not done any
[01:28:25.840 --> 01:28:30.840]  Now my business has dropped off about 75%, and I wonder why
[01:28:30.840 --> 01:28:37.840]  But Guido, he's out there, he's bleeding all the appraisers, and the appraisers are going to have to eat
[01:28:37.840 --> 01:28:43.840]  So if they're going to eat, they're going to feed Guido, as Steve was talking about
[01:28:43.840 --> 01:28:50.840]  They're going to feed Guido, and they're going to do whatever these AMCs say
[01:28:50.840 --> 01:28:54.840]  And the AMC is not regulated by anybody
[01:28:54.840 --> 01:28:59.840]  You can't do anything to an AMC, even though it's owned by the lender
[01:28:59.840 --> 01:29:05.840]  Yes, I can. I can claim him, accuse him of conspiracy to fraud
[01:29:05.840 --> 01:29:08.840]  If they don't pay me my fee, I can't even file a lien on the property
[01:29:08.840 --> 01:29:13.840]  Because the lender didn't order the appraisal from me
[01:29:13.840 --> 01:29:17.840]  What am I going to do? I'm going to go to New York and say, you owe me $200?
[01:29:17.840 --> 01:29:22.840]  Actually, yes. If you had to pay for it
[01:29:22.840 --> 01:29:26.840]  I'm sorry? If you paid for the appraisal?
[01:29:26.840 --> 01:29:31.840]  No, no, no. I'm talking about myself as an appraiser
[01:29:31.840 --> 01:29:37.840]  If I did not get paid for doing the appraisal, which I have never done for these AMCs
[01:29:37.840 --> 01:29:42.840]  If I did not get paid for it, I have no recourse against the AMC
[01:29:42.840 --> 01:29:44.840]  No, zero
[01:29:44.840 --> 01:29:49.840]  We've got to go to break. Do you have more for us?
[01:29:49.840 --> 01:29:51.840]  Okay, Gary, do you have anything else for us?
[01:29:51.840 --> 01:29:52.840]  No, that's it
[01:29:52.840 --> 01:29:54.840]  All right, great. Thanks
[01:29:54.840 --> 01:29:59.840]  Okay, we're going to go to Dan when we get back on the other side
[01:29:59.840 --> 01:30:02.840]  Are you the plaintiff or defendant in a lawsuit?
[01:30:02.840 --> 01:30:06.840]  Win your case without an attorney with Jurisdictionary
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[01:31:00.840 --> 01:31:12.840]  Don't let them chip you in the morning, chip you in the evening
[01:31:12.840 --> 01:31:16.840]  Put a chip in your body and then when you go computer reading
[01:31:16.840 --> 01:31:19.840]  You can't hide yourself from nobody
[01:31:19.840 --> 01:31:24.840]  Chip in your mom, chip in your daddy, chip in your grandpa and the granny
[01:31:24.840 --> 01:31:29.840]  Chip in your me, chip in your baby, chip in your family, whole family
[01:31:29.840 --> 01:31:31.840]  Chip in your dog and the cat around me
[01:31:31.840 --> 01:31:33.840]  Chip in the beef and you still go eat it
[01:31:33.840 --> 01:31:36.840]  Chip in the fish, they're all in the sea
[01:31:36.840 --> 01:31:38.840]  Chip in the shark and the whale around me
[01:31:38.840 --> 01:31:40.840]  You see mankind gone chip crazy
[01:31:40.840 --> 01:31:43.840]  They're connecting and they want to read it
[01:31:43.840 --> 01:31:45.840]  Social security, they're gonna tell me
[01:31:45.840 --> 01:31:48.840]  Number of them give me, they'll rip it up you'll see
[01:31:48.840 --> 01:31:50.840]  Chip you in the morning, chip you in the evening
[01:31:50.840 --> 01:31:52.840]  Chip you all the dinner time
[01:31:52.840 --> 01:31:57.840]  Experiment on mankind, but man you know say them lie
[01:31:57.840 --> 01:32:00.840]  Well, we don't want no chip, man you have your body
[01:32:00.840 --> 01:32:02.840]  Freedom or something, man you fight for me
[01:32:02.840 --> 01:32:05.840]  You should tell them, then we read it
[01:32:05.840 --> 01:32:07.840]  Constitution set us free
[01:32:07.840 --> 01:32:09.840]  Don't let them put no chip in your body
[01:32:09.840 --> 01:32:12.840]  Put no chip in your dog or cat you see
[01:32:12.840 --> 01:32:14.840]  Put no chip in your cow and go eat it
[01:32:14.840 --> 01:32:17.840]  Put no chip in the fish and go eat it
[01:32:17.840 --> 01:32:19.840]  All in the whale and the shark in the sea
[01:32:19.840 --> 01:32:21.840]  Put the little chip in the little baby
[01:32:21.840 --> 01:32:24.840]  Want to put the chip in a grandpa you see
[01:32:24.840 --> 01:32:26.840]  Want to put the little chip in a high man body
[01:32:26.840 --> 01:32:28.840]  Eat me go hide in the Atlantic sea
[01:32:28.840 --> 01:32:31.840]  Man did hurt a life, me say gone go find me
[01:32:31.840 --> 01:32:33.840]  Satellite get mad, satellite get angry
[01:32:33.840 --> 01:32:36.840]  Two chip them use, me say cross up you see
[01:32:36.840 --> 01:32:38.840]  Me say chip in the morning, chip in the evening
[01:32:38.840 --> 01:32:40.840]  Chip in your body
[01:32:40.840 --> 01:32:43.840]  Man don't let them come come chip with
[01:32:43.840 --> 01:32:45.840]  Put no chip in the little baby
[01:32:45.840 --> 01:32:48.840]  Me say chip in the morning, chip in the evening
[01:32:48.840 --> 01:32:50.840]  They want to come and not chip me
[01:32:50.840 --> 01:32:52.840]  But they want to chip all in the sea
[01:32:52.840 --> 01:32:54.840]  And the shark and the whale around me
[01:32:54.840 --> 01:32:57.840]  Let me say chip for your mom, chip for your
[01:32:57.840 --> 01:32:59.840]  Okay we're back we're taking your calls
[01:32:59.840 --> 01:33:02.840]  512-646-1984
[01:33:02.840 --> 01:33:04.840]  We've only got one caller on the board right now
[01:33:04.840 --> 01:33:06.840]  Dan in Texas
[01:33:06.840 --> 01:33:07.840]  So callers if you'd like to call in
[01:33:07.840 --> 01:33:09.840]  We've got about half an hour left
[01:33:09.840 --> 01:33:12.840]  512-646-1984
[01:33:12.840 --> 01:33:13.840]  Dan, thanks for calling in
[01:33:13.840 --> 01:33:15.840]  What's on your mind tonight?
[01:33:15.840 --> 01:33:16.840]  Yeah Deborah
[01:33:16.840 --> 01:33:18.840]  This is the first time I've ever called in
[01:33:18.840 --> 01:33:21.840]  And first time I've ever listened to Eddie's program there
[01:33:21.840 --> 01:33:24.840]  Or you know I know it's his, Monday's his day
[01:33:24.840 --> 01:33:28.840]  And I've actually been using a lot of what Eddie's talking about
[01:33:28.840 --> 01:33:29.840]  For a few years now
[01:33:29.840 --> 01:33:32.840]  And had a lot of success in beating traffic tickets
[01:33:32.840 --> 01:33:33.840]  Okay
[01:33:33.840 --> 01:33:36.840]  I've had some other adventures too but
[01:33:36.840 --> 01:33:38.840]  What if I was to tell you Eddie that
[01:33:38.840 --> 01:33:43.840]  At one time I actually went from JP court to county court at law
[01:33:43.840 --> 01:33:45.840]  Without filing an appeal
[01:33:45.840 --> 01:33:48.840]  Okay I actually got the case out of JP
[01:33:48.840 --> 01:33:50.840]  Got it sent up to county court at law
[01:33:50.840 --> 01:33:55.840]  And they actually did file information when I went up there
[01:33:55.840 --> 01:33:56.840]  That would be great
[01:33:56.840 --> 01:33:58.840]  Because that's what I've been trying to get them to do
[01:33:58.840 --> 01:34:00.840]  Is to get them out of the lower court to begin with
[01:34:00.840 --> 01:34:03.840]  And into a court of record for first hearing
[01:34:03.840 --> 01:34:06.840]  Well they did take first jurisdiction
[01:34:06.840 --> 01:34:09.840]  And so obviously there must be a way to appeal
[01:34:09.840 --> 01:34:12.840]  From county court at law
[01:34:12.840 --> 01:34:14.840]  If it's out
[01:34:14.840 --> 01:34:15.840]  Okay
[01:34:15.840 --> 01:34:17.840]  Well hold on you're breaking up really bad
[01:34:17.840 --> 01:34:19.840]  You keep fading in and out
[01:34:19.840 --> 01:34:21.840]  Can you hear me now?
[01:34:21.840 --> 01:34:23.840]  Yeah you just keep fading in and out
[01:34:23.840 --> 01:34:26.840]  Can't you hear me now I want a cell phone
[01:34:26.840 --> 01:34:28.840]  Yeah I can hear you go ahead
[01:34:28.840 --> 01:34:30.840]  Okay Eddie what happened was
[01:34:30.840 --> 01:34:34.840]  That in the JP court I received a ticket
[01:34:34.840 --> 01:34:36.840]  And it was DPS ticket it says
[01:34:36.840 --> 01:34:38.840]  You're notified to appear on or before
[01:34:38.840 --> 01:34:41.840]  And it gives you about 30 days to show up
[01:34:41.840 --> 01:34:42.840]  Okay
[01:34:42.840 --> 01:34:47.840]  And it would specify the judge that you appear in front of
[01:34:47.840 --> 01:34:50.840]  This was up in Williamson County can I name the judge?
[01:34:50.840 --> 01:34:52.840]  Sure
[01:34:52.840 --> 01:34:54.840]  Hello
[01:34:54.840 --> 01:34:56.840]  Yes you can go ahead
[01:34:56.840 --> 01:35:00.840]  It's a judge named Stout in the Stout JP
[01:35:00.840 --> 01:35:01.840]  Okay
[01:35:01.840 --> 01:35:04.840]  And what happened was I went in there to the court first
[01:35:04.840 --> 01:35:06.840]  And I said I'm here to see Judge Stout
[01:35:06.840 --> 01:35:10.840]  Because the ticket says that you're notified to appear before the judge
[01:35:10.840 --> 01:35:12.840]  Okay
[01:35:12.840 --> 01:35:14.840]  Now for various reasons you may be familiar with
[01:35:14.840 --> 01:35:16.840]  They won't let you see the judge
[01:35:16.840 --> 01:35:18.840]  They're trying to get a plea out of you
[01:35:18.840 --> 01:35:19.840]  Okay
[01:35:19.840 --> 01:35:21.840]  So I refused the plea to a clerk
[01:35:21.840 --> 01:35:23.840]  I just told them I said no I'd like to see the judge
[01:35:23.840 --> 01:35:25.840]  Just like the ticket says
[01:35:25.840 --> 01:35:27.840]  And they would argue back and forth
[01:35:27.840 --> 01:35:30.840]  And I would have them stamp a document showing that I appeared
[01:35:30.840 --> 01:35:31.840]  Okay
[01:35:31.840 --> 01:35:33.840]  I call it proof of appearance doc
[01:35:33.840 --> 01:35:37.840]  And I take a copy with me so they can't issue a warrant for Federer to appear
[01:35:37.840 --> 01:35:41.840]  Now what happens is that when people enter a plea of not guilty
[01:35:41.840 --> 01:35:43.840]  Or someone like me does what I did
[01:35:43.840 --> 01:35:48.840]  The court will actually contact or the clerks will contact the officer and get a sworn complaint generated
[01:35:48.840 --> 01:35:51.840]  And they'll try to set it for pretrial
[01:35:51.840 --> 01:35:52.840]  Okay
[01:35:52.840 --> 01:35:55.840]  So what I did was I filed a motion to recuse the judge
[01:35:55.840 --> 01:35:58.840]  Because I said the courts basically made the prosecution's case for them
[01:35:58.840 --> 01:36:02.840]  And that's exactly what they do in these JP courts and in some of the city courts
[01:36:02.840 --> 01:36:05.840]  So when I filed the motion to recuse
[01:36:05.840 --> 01:36:09.840]  The ex-county attorney was a guy named Eugene Taylor up here in Williamson County
[01:36:09.840 --> 01:36:11.840]  And he just didn't want to let it go
[01:36:11.840 --> 01:36:14.840]  And what he did was he actually took it up to a judge named Higginbotham
[01:36:14.840 --> 01:36:17.840]  County Court of Law 3 in Williamson County
[01:36:17.840 --> 01:36:21.840]  And when the judge found out why I was there and that I was there on first appearance
[01:36:21.840 --> 01:36:25.840]  When I walked up I was in line with a bunch of other people that were there for more serious stuff
[01:36:25.840 --> 01:36:27.840]  He says well you don't belong here
[01:36:27.840 --> 01:36:31.840]  He says this says here your first appearance on a traffic ticket
[01:36:31.840 --> 01:36:32.840]  And I said yes sir
[01:36:32.840 --> 01:36:35.840]  I said I've received two information from Eugene Taylor
[01:36:35.840 --> 01:36:37.840]  It was two separate tickets
[01:36:37.840 --> 01:36:38.840]  And I think I'm in the right place
[01:36:38.840 --> 01:36:43.840]  And I said by the way your honor you have concurrent jurisdiction on Class C misdemeanors
[01:36:43.840 --> 01:36:46.840]  And he turned all red and he said you're right
[01:36:46.840 --> 01:36:48.840]  I mean kind of blocked it
[01:36:48.840 --> 01:36:50.840]  And he said wait here
[01:36:50.840 --> 01:36:52.840]  And he ran out of his court through one of the doors
[01:36:52.840 --> 01:36:56.840]  And I'm standing there and when he came back he said well we're going to send it back to JP court
[01:36:56.840 --> 01:36:59.840]  And I said well your honor I'll just have to recuse anyone you send it to
[01:36:59.840 --> 01:37:01.840]  The same thing
[01:37:01.840 --> 01:37:03.840]  And he says get the hell out of here
[01:37:03.840 --> 01:37:07.840]  I don't know if I can say that word on your broadcast
[01:37:07.840 --> 01:37:10.840]  No you already did but go ahead
[01:37:10.840 --> 01:37:14.840]  Okay well anyway what happened was that it disappeared
[01:37:14.840 --> 01:37:17.840]  Those cases disappeared they never came back with them
[01:37:17.840 --> 01:37:20.840]  And later on when I was talking to a county attorney
[01:37:20.840 --> 01:37:21.840]  Assistant county attorney
[01:37:21.840 --> 01:37:24.840]  The guy admitted that yes you have a right to do this
[01:37:24.840 --> 01:37:27.840]  But that the county court of law judges have told them
[01:37:27.840 --> 01:37:30.840]  When he ran out of that room and went back to the hallway
[01:37:30.840 --> 01:37:34.840]  He chewed out the county attorney and said do not ever bring one of these cases to my court again
[01:37:34.840 --> 01:37:37.840]  Do you understand and just read them the riot act
[01:37:37.840 --> 01:37:42.840]  And so I had this other assistant county attorney in Williamson County tell me
[01:37:42.840 --> 01:37:45.840]  That the court of law judges even though yes they do have jurisdiction
[01:37:45.840 --> 01:37:48.840]  He kind of danced around that but I finally pinned him down
[01:37:48.840 --> 01:37:51.840]  He said well they won't take them but they've made it plain to us
[01:37:51.840 --> 01:37:54.840]  And I said well I guess that means you lose okay
[01:37:54.840 --> 01:37:59.840]  He wasn't happy with me and he told me to go basically have relations with myself
[01:37:59.840 --> 01:38:04.840]  But the fact of the matter is that every county court of law
[01:38:04.840 --> 01:38:08.840]  Has concurrent first jurisdiction on class C misdemeanors
[01:38:08.840 --> 01:38:12.840]  And the way you go there is to insist on your magistration
[01:38:12.840 --> 01:38:16.840]  When you go to a JP court or a municipal court
[01:38:16.840 --> 01:38:23.840]  If you look at 543.006B it says the place specified in the notice to appear
[01:38:23.840 --> 01:38:25.840]  Must be before a magistrate not a judge
[01:38:25.840 --> 01:38:29.840]  And those magistrates have ministerial duties that they're supposed to perform
[01:38:29.840 --> 01:38:31.840]  They don't want to do it
[01:38:31.840 --> 01:38:34.840]  That's correct but the difference here is
[01:38:34.840 --> 01:38:39.840]  Is whether or not the magistrate has original jurisdiction to hear it to begin with
[01:38:39.840 --> 01:38:45.840]  The problem under 543.006B is compounded by 1416 and 1517
[01:38:45.840 --> 01:38:49.840]  In the code of criminal procedure because in those codes it specifically states
[01:38:49.840 --> 01:38:52.840]  That once the person issued a citation appears
[01:38:52.840 --> 01:38:56.840]  The magistrate in the lower court can do only one thing
[01:38:56.840 --> 01:39:00.840]  That is send them to the county court for the purposes of arraignment
[01:39:00.840 --> 01:39:03.840]  They themselves cannot hold the arraignment
[01:39:03.840 --> 01:39:05.840]  Only the county court can
[01:39:05.840 --> 01:39:10.840]  Therefore the county court is the court of original jurisdiction
[01:39:10.840 --> 01:39:11.840]  That's correct
[01:39:11.840 --> 01:39:12.840]  Not the lower court
[01:39:12.840 --> 01:39:15.840]  Now Eddie can I tell you something else that you might not have seen
[01:39:15.840 --> 01:39:16.840]  But you may very well have
[01:39:16.840 --> 01:39:17.840]  Okay
[01:39:17.840 --> 01:39:18.840]  Sure
[01:39:18.840 --> 01:39:22.840]  When the officer as you told the earlier caller hopefully he'll look at chapter 543
[01:39:22.840 --> 01:39:23.840]  Of the transportation code
[01:39:23.840 --> 01:39:27.840]  He'll see that you are whenever you get stopped in Texas for a traffic ticket
[01:39:27.840 --> 01:39:28.840]  You were arrested
[01:39:28.840 --> 01:39:30.840]  You were released from arrest
[01:39:30.840 --> 01:39:31.840]  But you're still in custody
[01:39:31.840 --> 01:39:32.840]  You're in your own custody
[01:39:32.840 --> 01:39:36.840]  You've been released from the officer's custody into your own custody
[01:39:36.840 --> 01:39:39.840]  In order for you to take yourself before the magistrate
[01:39:39.840 --> 01:39:40.840]  Okay
[01:39:40.840 --> 01:39:42.840]  And that's where 1517
[01:39:42.840 --> 01:39:45.840]  You read it the person making the arrest or the person having custody
[01:39:45.840 --> 01:39:48.840]  You're the person's self
[01:39:48.840 --> 01:39:49.840]  You know it might be kind of a weird way to look at it
[01:39:49.840 --> 01:39:52.840]  But that's really I believe the way it works
[01:39:52.840 --> 01:39:55.840]  But there's another wrinkle to this
[01:39:55.840 --> 01:39:57.840]  See if there's a warrant
[01:39:57.840 --> 01:40:01.840]  Somebody has already gone in front of a magistrate sworn out David
[01:40:01.840 --> 01:40:08.840]  And gotten a judicial kind of ruling or judicial review of the probable to make the arrest
[01:40:08.840 --> 01:40:10.840]  But when they're arresting without a warrant
[01:40:10.840 --> 01:40:11.840]  You go in front of that magistrate
[01:40:11.840 --> 01:40:15.840]  Before he can even do the duties under 1517
[01:40:15.840 --> 01:40:18.840]  What he has to do is he has to have an examining trial
[01:40:18.840 --> 01:40:19.840]  I forget the sections
[01:40:19.840 --> 01:40:22.840]  But they're found in Article 16 of the Code of Criminal Procedures
[01:40:22.840 --> 01:40:25.840]  In order to determine there really was probable cause
[01:40:25.840 --> 01:40:29.840]  Because the officers are really considered too stupid to make that call all by themselves
[01:40:29.840 --> 01:40:30.840]  That's just the truth
[01:40:30.840 --> 01:40:33.840]  Well, here's the other thing though
[01:40:33.840 --> 01:40:35.840]  When you're arrested without a warrant
[01:40:35.840 --> 01:40:42.840]  You fall immediately in a Class B case or a Class anything else case of a misdemeanor
[01:40:42.840 --> 01:40:45.840]  Either under 1406B or C
[01:40:45.840 --> 01:40:50.840]  If it's a Class C misdemeanor you fall under 1406B
[01:40:50.840 --> 01:41:01.840]  1406A directs the officer to take you before a magistrate for the purposes of having 1517 done
[01:41:01.840 --> 01:41:05.840]  What will happen is if the officer takes you in front of the magistrate, Eddie
[01:41:05.840 --> 01:41:09.840]  The officer will be there to testify as to what's the probable cause
[01:41:09.840 --> 01:41:12.840]  He can be put under oath and he can swear out the complaint right there
[01:41:12.840 --> 01:41:16.840]  But see if you take yourself in front of the magistrate like at a JP court
[01:41:16.840 --> 01:41:17.840]  And the officer's nowhere to be around
[01:41:17.840 --> 01:41:19.840]  And the project's not anywhere around
[01:41:19.840 --> 01:41:22.840]  There's no one to actually swear that you did anything
[01:41:22.840 --> 01:41:27.840]  And the magistrate's supposed to be like a rock until somebody gives them evidence
[01:41:27.840 --> 01:41:29.840]  They're supposed to be neutral and unbiased
[01:41:29.840 --> 01:41:32.840]  See you, this is one reason I don't want to see you
[01:41:32.840 --> 01:41:34.840]  It's because it would be ex parte
[01:41:34.840 --> 01:41:35.840]  You're one side only
[01:41:35.840 --> 01:41:37.840]  But that's not your fault that nobody else
[01:41:37.840 --> 01:41:40.840]  The magistrate would have basically no real option
[01:41:40.840 --> 01:41:43.840]  Except to come back with a finding of no probable cause
[01:41:43.840 --> 01:41:46.840]  And let you go if they did their job
[01:41:46.840 --> 01:41:48.840]  There isn't a sworn complaint filed
[01:41:48.840 --> 01:41:50.840]  There isn't an information filed
[01:41:50.840 --> 01:41:52.840]  There's nobody there to swear you did anything
[01:41:52.840 --> 01:41:54.840]  All there is is that lousy temptation
[01:41:54.840 --> 01:41:57.840]  Which is only a promise to appear and you've appeared
[01:41:57.840 --> 01:41:59.840]  Yes, I understand that, okay?
[01:41:59.840 --> 01:42:02.840]  However, the logic works the other way, too
[01:42:02.840 --> 01:42:06.840]  If you appear on that citation and the officer is not present
[01:42:06.840 --> 01:42:11.840]  Is the magistrate not holding an ex parte communication with you instead of the cop?
[01:42:11.840 --> 01:42:14.840]  Yeah, but that's not your fault because cop didn't-
[01:42:14.840 --> 01:42:16.840]  I didn't say it was your fault
[01:42:16.840 --> 01:42:21.840]  I'm saying that the judge has already acted in violation of law at that point anyway
[01:42:21.840 --> 01:42:22.840]  Well-
[01:42:22.840 --> 01:42:24.840]  Doesn't matter which party he addressed
[01:42:24.840 --> 01:42:27.840]  Here's the thing, you know
[01:42:27.840 --> 01:42:29.840]  Earlier, Randy was talking about
[01:42:29.840 --> 01:42:33.840]  And it's true that these people issue illegal warrants and all that kind of stuff
[01:42:33.840 --> 01:42:36.840]  Go in there and they refuse to see you, which is the norm
[01:42:36.840 --> 01:42:41.840]  The clerk will not let you see the JP or keep pressuring you for a plea
[01:42:41.840 --> 01:42:44.840]  And what I believe is I believe that if you plea
[01:42:44.840 --> 01:42:48.840]  You actually are waiving, you know, a formal arraignment on the record
[01:42:48.840 --> 01:42:52.840]  You're waiving being charged by indictment or information, I think
[01:42:52.840 --> 01:42:54.840]  There's probably case law somewhere
[01:42:54.840 --> 01:42:55.840]  Yes and no
[01:42:55.840 --> 01:42:56.840]  Here's the problem
[01:42:56.840 --> 01:43:00.840]  First off, there is no authority anywhere in law for the clerk to accept a plea
[01:43:00.840 --> 01:43:02.840]  None, not a zip
[01:43:02.840 --> 01:43:07.840]  There's no authority in law for the clerk to impersonate a judicial officer for the taking of a plea
[01:43:07.840 --> 01:43:09.840]  That is in the code
[01:43:09.840 --> 01:43:13.840]  Only a magistrate can take a plea, period
[01:43:13.840 --> 01:43:16.840]  There is no authority for a clerk to take it
[01:43:16.840 --> 01:43:23.840]  Now, the magistrate is ordered by the code of criminal procedure in 1517B
[01:43:23.840 --> 01:43:29.840]  To send you to the county court specifically for the purpose of an arraignment
[01:43:29.840 --> 01:43:31.840]  Are you familiar with the
[01:43:31.840 --> 01:43:34.840]  Okay, wait, hold on, listen, Dan, we need to let you go
[01:43:34.840 --> 01:43:38.840]  We'll have to pick this conversation up another night because we've got other callers on the line
[01:43:38.840 --> 01:43:43.840]  All right, we've got Josh from Texas who's up next and then also Deloitte from Idaho
[01:43:43.840 --> 01:43:45.840]  We've got our final segment coming up
[01:43:45.840 --> 01:43:47.840]  This is the rule of law
[01:43:47.840 --> 01:44:15.840]  Randy, Eddie and Deborah will be right back
[01:44:17.840 --> 01:44:19.840]  We'll be right back
[01:44:48.840 --> 01:44:56.840]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[01:44:56.840 --> 01:44:59.840]  To learn how to stop debt collectors now
[01:44:59.840 --> 01:45:21.840]  Hello, oh man, I'm in jail, got busted, oh man, I'm broke
[01:45:21.840 --> 01:45:37.840]  Okay, we're taking your calls
[01:45:37.840 --> 01:45:38.840]  We've got one final segment
[01:45:38.840 --> 01:45:40.840]  We've got Josh from Texas
[01:45:40.840 --> 01:45:41.840]  Josh, thanks for calling in
[01:45:41.840 --> 01:45:43.840]  What's on your mind tonight?
[01:45:43.840 --> 01:45:44.840]  How are you guys doing tonight?
[01:45:44.840 --> 01:45:45.840]  Pretty good
[01:45:45.840 --> 01:45:49.840]  I called you guys a couple of weeks ago, two Fridays ago, I guess
[01:45:49.840 --> 01:45:53.840]  My attorney's Brian Gera and I went down to the courthouse
[01:45:53.840 --> 01:45:55.840]  This is the first I've been able to work on my case
[01:45:55.840 --> 01:45:59.840]  My dad had some health problems and I had to go to Dallas and I just got back yesterday
[01:45:59.840 --> 01:46:02.840]  So I went down to the court today and got all my documentation
[01:46:02.840 --> 01:46:06.840]  And I went to file my notice and demand of all rights reserved
[01:46:06.840 --> 01:46:12.840]  And I have some questions, just kind of general questions about filing motions
[01:46:12.840 --> 01:46:16.840]  I printed it out and it's got verification
[01:46:16.840 --> 01:46:22.840]  I need to get this notarized, correct?
[01:46:22.840 --> 01:46:24.840]  Is it an affidavit or a motion?
[01:46:24.840 --> 01:46:30.840]  It is Randy's notice and demand for all rights reserved
[01:46:30.840 --> 01:46:32.840]  Okay, that does not need to be notarized
[01:46:32.840 --> 01:46:38.840]  The only thing that needs to be notarized is where the document states a fact
[01:46:38.840 --> 01:46:48.840]  You're stating a fact to the court, not just a normal fact, but a fact that goes to the adjudication of the case
[01:46:48.840 --> 01:46:49.840]  Okay
[01:46:49.840 --> 01:46:51.840]  Then it has to be notarized
[01:46:51.840 --> 01:46:54.840]  If you notarize something that doesn't need to be notarized, it doesn't hurt a thing
[01:46:54.840 --> 01:47:00.840]  If you fail to notarize something and they don't complain about it, no problem
[01:47:00.840 --> 01:47:05.840]  If they do complain about it, you get opportunity to file a notarized copy
[01:47:05.840 --> 01:47:10.840]  So that's not something to be too concerned about
[01:47:10.840 --> 01:47:16.840]  Yes, verification in law means notary
[01:47:16.840 --> 01:47:20.840]  Okay, and then I noticed the last page of that prints out a certificate of service
[01:47:20.840 --> 01:47:24.840]  How do I have this served or do I have to have this served?
[01:47:24.840 --> 01:47:31.840]  The only thing that you can't serve by hand is an original petition
[01:47:31.840 --> 01:47:34.840]  If you're starting a lawsuit, you have to have that served
[01:47:34.840 --> 01:47:38.840]  Everything else, you need to take it to them or you can mail it to them
[01:47:38.840 --> 01:47:45.840]  Okay, and so then I have to, once I file this with the county clerk, I have to then take it to the prosecutor?
[01:47:45.840 --> 01:47:47.840]  Yes
[01:47:47.840 --> 01:47:52.840]  Okay, I'm composing an email right now with some other basic questions
[01:47:52.840 --> 01:47:57.840]  My court dates on Wednesday and I probably need to reschedule it so I can file the proper motions
[01:47:57.840 --> 01:48:04.840]  I've heard you guys talk before and I don't think I'm at the point, especially hearing the level of education
[01:48:04.840 --> 01:48:07.840]  The majority of your listeners on this
[01:48:07.840 --> 01:48:16.840]  But I've heard you refer to before some case law that said being improperly detained is equal to about $1,065 a minute
[01:48:16.840 --> 01:48:22.840]  And I had some questions, perhaps not in this case, but how do you have the civil suit?
[01:48:22.840 --> 01:48:27.840]  I remember a while ago, I don't remember what episode it was that you were on
[01:48:27.840 --> 01:48:36.840]  Talking about having a civil suit co-entered in the criminal prosecution so that they can't just throw it out
[01:48:36.840 --> 01:48:41.840]  They have to hear it for that, and how does one go about doing that?
[01:48:41.840 --> 01:48:45.840]  You just file a cross complaint or a counter complaint
[01:48:45.840 --> 01:48:46.840]  Okay
[01:48:46.840 --> 01:48:52.840]  A counter complaint would be against the state, a cross would be against the arresting officer or the judge or someone else
[01:48:52.840 --> 01:48:57.840]  Okay, and a final question for you and then I'll let you guys get to other callers
[01:48:57.840 --> 01:49:02.840]  And I appreciate your help a lot on this, I'm sure there will be more contact with you
[01:49:02.840 --> 01:49:07.840]  The citation was in 08 and I've been delaying it until now and I need to delay it again
[01:49:07.840 --> 01:49:11.840]  What kind of motion do I need to file to reset it stating that
[01:49:11.840 --> 01:49:17.840]  Since I'm filing this notice of demand as representing myself with the assistance of counsel
[01:49:17.840 --> 01:49:22.840]  You file a motion for continuance, is this a class C misdemeanor or higher?
[01:49:22.840 --> 01:49:24.840]  Class B, I'm in county court
[01:49:24.840 --> 01:49:35.840]  Okay, you file a continuance, it must have a statement of cause for the continuance and that must be verified
[01:49:35.840 --> 01:49:37.840]  And what statement of cause?
[01:49:37.840 --> 01:49:42.840]  You must have a verified statement stating the reason why you need the continuance
[01:49:42.840 --> 01:49:49.840]  Okay, so basically something I write up that says I need a continuance because my attorney hasn't been properly representing me
[01:49:49.840 --> 01:49:57.840]  So therefore I'm filing a notice of demand that he's helping me and in order to get my case together I need more time basically
[01:49:57.840 --> 01:50:07.840]  They might or might not or since it's been so long they may object, you might tell them that you ate some bad chicken or something and you got the runs
[01:50:07.840 --> 01:50:13.840]  Anything, but saying that you didn't get to your attorney in time might not get it
[01:50:13.840 --> 01:50:19.840]  Especially since you filed a notice of demand, the judge is going to be a little torqued
[01:50:19.840 --> 01:50:22.840]  Oh yeah, that will wind them up, will it?
[01:50:22.840 --> 01:50:25.840]  Yeah, the funky chicken approach might work better
[01:50:25.840 --> 01:50:29.840]  It causes me no end to amusement, I handed it to her and she's like, what's this?
[01:50:29.840 --> 01:50:37.840]  And I go, a statement of my rights that I'm prosecuting my case with the assistance of attorney in my place
[01:50:37.840 --> 01:50:43.840]  And she goes, oh okay, at first she didn't want to touch it and then she was like, okay
[01:50:43.840 --> 01:50:51.840]  So I just needed to know if it needed to be notarized, I was going to leave it there and I wasn't sure because I saw the verification box
[01:50:51.840 --> 01:50:56.840]  That doesn't, but the continuance is one of those exceptions
[01:50:56.840 --> 01:51:05.840]  If the prosecution petitions for a continuance, there must be a statement of cause and it must be verified
[01:51:05.840 --> 01:51:09.840]  Okay, and by verified, what do you mean?
[01:51:09.840 --> 01:51:10.840]  Notary
[01:51:10.840 --> 01:51:18.840]  Okay, so I just need to make a notarized continuance motion and do I file that with the same clerk that I'm going to file this? I can do all that at the same time?
[01:51:18.840 --> 01:51:19.840]  Yes
[01:51:19.840 --> 01:51:26.840]  Excellent, thank you very much, I'll finish my letter to you and we hope to wait for your prompt response
[01:51:26.840 --> 01:51:29.840]  And man, I appreciate everything you guys do
[01:51:29.840 --> 01:51:30.840]  Thank you
[01:51:30.840 --> 01:51:31.840]  Thanks Josh
[01:51:31.840 --> 01:51:32.840]  Thanks
[01:51:32.840 --> 01:51:36.840]  Okay, we're going to go now to Deloitte in Idaho
[01:51:36.840 --> 01:51:39.840]  Deloitte, thanks for calling in, what's on your mind?
[01:51:39.840 --> 01:51:45.840]  Well, good evening, I called in to kind of update you on what took place
[01:51:45.840 --> 01:51:51.840]  I called you the week before last and let you know that I was sensing some problems coming on
[01:51:51.840 --> 01:52:02.840]  And this past Monday on March 1st, the week before they had put on stickers on all of my vehicles
[01:52:02.840 --> 01:52:05.840]  They are 48-hour move them or they're going to get towed
[01:52:05.840 --> 01:52:09.840]  So I spent a couple of days moving all these vehicles
[01:52:09.840 --> 01:52:20.840]  And then on Monday, the tow truck showed up and I went out there and told them to keep their hands off my property
[01:52:20.840 --> 01:52:22.840]  They didn't have my permission
[01:52:22.840 --> 01:52:29.840]  There was at least eight cops out there, at least eight of them
[01:52:29.840 --> 01:52:32.840]  At one point in time I had a gun drawn on me
[01:52:32.840 --> 01:52:42.840]  At another point in time I saw an automatic assault rifle being held by one of the officers about three doors down the street
[01:52:42.840 --> 01:52:46.840]  They claimed that the vehicles were abandoned
[01:52:46.840 --> 01:52:51.840]  And I immediately told them they are not abandoned
[01:52:51.840 --> 01:53:05.840]  And they continued to take them anyway and they would not let me remove the tow truck operator from my possession of my stuff
[01:53:05.840 --> 01:53:15.840]  They wouldn't let me stop, they were under force of arms stopping me from protecting my property
[01:53:15.840 --> 01:53:19.840]  So everything was okay, they took three vehicles
[01:53:19.840 --> 01:53:22.840]  And then on Wednesday they came back again
[01:53:22.840 --> 01:53:32.840]  Oh, oh, before they left, on Monday they put a 48-hour parking ticket on one of my other trucks
[01:53:32.840 --> 01:53:38.840]  Which had a trailer hooked to it and it had a truck sitting on the trailer
[01:53:38.840 --> 01:53:41.840]  Well, as soon as they left I moved the truck
[01:53:41.840 --> 01:53:49.840]  And they came back on Wednesday and I saw the guy sitting down in the parking lot at the grocery store
[01:53:49.840 --> 01:53:52.840]  So I went out there and I moved the truck again
[01:53:52.840 --> 01:54:00.840]  And a few minutes later here comes the tow truck and there's several cops out there, they're hiding in the alley
[01:54:00.840 --> 01:54:07.840]  On both sides of the street that I live on and one of them, the car's just poking out just a little way
[01:54:07.840 --> 01:54:15.840]  And pretty much they stayed off the street this time because on Monday there was a lot of witnesses
[01:54:15.840 --> 01:54:21.840]  And this time there was only a few witnesses because they kind of hid up in the alley
[01:54:21.840 --> 01:54:26.840]  I think there was at least five cars that were hidden in the alley
[01:54:26.840 --> 01:54:33.840]  And then there was one, two, three, four that were out on the street
[01:54:33.840 --> 01:54:42.840]  So they took this other truck that had the trailer hooked to it and a truck that was on the trailer
[01:54:42.840 --> 01:54:54.840]  And they separated the trailer from them and what they're doing is they're charging me for six tows
[01:54:54.840 --> 01:55:02.840]  Even though the one truck is on the trailer, they're still charging me for towing that truck even though it was on the trailer that they took
[01:55:02.840 --> 01:55:10.840]  They claimed them all to be abandoned and Idaho's got some really, really creative laws
[01:55:10.840 --> 01:55:19.840]  What they do is they send out a notice of intent to dispose of the vehicle
[01:55:19.840 --> 01:55:30.840]  And according to the codes, they can sell them to a wrecking yard so that they can be dismantled or they can sell them to anybody
[01:55:30.840 --> 01:55:42.840]  And if they are over $200, then you're entitled to a hearing and they can't really dispose of your vehicle that way
[01:55:42.840 --> 01:55:50.840]  But everything is appraised by some law enforcement officer, somebody who had a tow
[01:55:50.840 --> 01:55:56.840]  If he appraises it for less than $200, the way I read it, you can't even get a hearing on it
[01:55:56.840 --> 01:56:03.840]  And what they're doing is they're extorting money and they're selling your property
[01:56:03.840 --> 01:56:06.840]  Yeah, they're just basically doing legalized theft
[01:56:06.840 --> 01:56:09.840]  Yeah, yeah
[01:56:09.840 --> 01:56:15.840]  Okay, well, file a lawsuit, declare the action unconstitutional and the statute is backing it up
[01:56:15.840 --> 01:56:21.840]  The legislature's instituted a taking without any type of hearing
[01:56:21.840 --> 01:56:29.840]  Interpretation by people who don't even have a clue what they're reading
[01:56:29.840 --> 01:56:31.840]  Well, that should be easy enough to prove in court
[01:56:31.840 --> 01:56:38.840]  Just ask him to define certain words in the statute. When he can't do it, you prove he's incompetent
[01:56:38.840 --> 01:56:44.840]  Well, just the fact that every one of them, they declared them to be abandoned
[01:56:44.840 --> 01:56:50.840]  Now, an abandoned vehicle is a vehicle that there's nobody there standing there claiming, hey, that's mine
[01:56:50.840 --> 01:56:54.840]  I have a videotape of both of these incidents
[01:56:54.840 --> 01:57:00.840]  I was carrying a videotape machine around with me and I was videotaping this
[01:57:00.840 --> 01:57:07.840]  I went up to several officers, I said, hey, I expect you to do your own, protect me, protect my property
[01:57:07.840 --> 01:57:12.840]  And they refused to do it, they protected the guy that was stealing the property
[01:57:12.840 --> 01:57:18.840]  I told the guy, hey, you're messing around with private property, you don't have my permission
[01:57:18.840 --> 01:57:22.840]  Okay, have you filed criminal charges against him yet?
[01:57:22.840 --> 01:57:24.840]  No, I haven't
[01:57:24.840 --> 01:57:27.840]  That's the next step before you sued him
[01:57:27.840 --> 01:57:34.840]  I just got officially, I just got the notice for the first three vehicles that were taken
[01:57:34.840 --> 01:57:44.840]  And so I'm going to file this opposition to disposal
[01:57:44.840 --> 01:57:50.840]  And one of, what they will do is they'll hold a hearing within 48 hours
[01:57:50.840 --> 01:58:04.840]  But that hearing will be held by another one of the police officers from the same organization that encountered the cars
[01:58:04.840 --> 01:58:12.840]  Okay, listen, we're at the end of the show, Deloitte, you're going to have to call back in on Thursday so we can finish talking about this
[01:58:12.840 --> 01:58:14.840]  Okay, I'm sorry I'm waiting so late
[01:58:14.840 --> 01:58:18.840]  Oh, that's okay, just call back in Thursday early
[01:58:18.840 --> 01:58:19.840]  Have a good night
[01:58:19.840 --> 01:58:20.840]  Okay, you too
[01:58:20.840 --> 01:58:21.840]  Bye bye
[01:58:21.840 --> 01:58:22.840]  Bye bye
[01:58:22.840 --> 01:58:25.840]  All right, and John from Connecticut, sorry we didn't get to your call
[01:58:25.840 --> 01:58:28.840]  Folks tried to call in a little bit earlier next time
[01:58:28.840 --> 01:58:32.840]  We'll be back on Thursday night
[01:58:32.840 --> 01:58:34.840]  This is the rule of law
[01:58:34.840 --> 01:58:36.840]  Randy Kelton, Eddie Craig, Deborah Stevens
[01:58:36.840 --> 01:58:59.840]  We'll see you on Thursday
[01:58:59.840 --> 01:59:03.840]  My name is Randall Kelton and I co-host on Rule of Law Radio
[01:59:03.840 --> 01:59:08.840]  We specialize in showing people how to strike back against corrupt public officials
[01:59:08.840 --> 01:59:14.840]  With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders
[01:59:14.840 --> 01:59:20.840]  If you have a mortgage or have paid yours off, you have probably been cheated out of thousands
[01:59:20.840 --> 01:59:21.840]  But there is a remedy
[01:59:21.840 --> 01:59:36.840]  Go to remediesinrealestate.com or call me at 512-430-4140 and find out how to use the consumer protection laws to recover what the lenders have stolen through fraud and deception
[01:59:36.840 --> 01:59:42.840]  We will prepare for you a qualified written request that will expose the fraud and put the lenders on the dime
[01:59:42.840 --> 01:59:47.840]  Lender fraud is bankrupting this country and it's time to fight back
[01:59:47.840 --> 01:59:59.840]  Go to remediesinrealestate.com or call 512-430-4140 and get the information you need to stop the money changers in their tracks