[00:00.000 --> 00:09.600]  Some 50,000 new housing units in Jerusalem neighborhoods beyond the Green Line are in
[00:09.600 --> 00:12.480]  various states of planning and approval.
[00:12.480 --> 00:17.520]  Most of the units will be built in predominantly Jewish neighborhoods beyond the Green Line,
[00:17.520 --> 00:20.920]  while a smaller number will be built in Arab neighborhoods.
[00:20.920 --> 00:26.620]  Vice President Joe Biden condemned the move, saying the decision undermined peace talks.
[00:26.620 --> 00:31.440]  The U.S. State Department Friday issued its annual Human Rights Report, and once again
[00:31.440 --> 00:37.400]  the human rights situation in America's two largest battlegrounds, Afghanistan and Iraq,
[00:37.400 --> 00:39.120]  continued to worsen.
[00:39.120 --> 00:44.680]  The Afghanistan report focused on the civilians killed, blaming the Taliban for the increase
[00:44.680 --> 00:46.400]  in civilian deaths.
[00:46.400 --> 00:53.080]  It also pointed out human trafficking, restrictions on press and religion, torture and poor prison
[00:53.080 --> 00:54.080]  conditions.
[00:54.080 --> 01:04.240]  Only a brief mention was given to the massive civilian toll from NATO airstrikes.
[01:04.240 --> 01:10.920]  In Somalia, 43 people were killed and hundreds wounded in the past 48 hours as dueling offensives
[01:10.920 --> 01:16.920]  by the African Union-backed Somali government and a militant faction led to some of the fiercest
[01:16.920 --> 01:19.160]  fighting in weeks.
[01:19.160 --> 01:24.040]  Most of the casualties were civilians, and fighting prevented wounded people from being
[01:24.040 --> 01:27.520]  rescued as they lay dying in the street.
[01:27.520 --> 01:33.240]  Karl Rove, a senior adviser to former President George Bush, has defended harsh interrogation
[01:33.240 --> 01:38.520]  techniques such as waterboarding, saying he was proud of the intelligence the U.S. gained
[01:38.520 --> 01:40.120]  from using them.
[01:40.120 --> 01:46.840]  Rove was often referred to as Bush's brain and is credited with Bush's electoral successes.
[01:46.840 --> 01:52.480]  Last January, Barack Obama barred the use of waterboarding after defining it as a form
[01:52.480 --> 01:57.480]  of torture.
[01:57.480 --> 02:03.480]  A bank examiner's report says Lehman Brothers used accounting sleight of hand to conceal
[02:03.480 --> 02:07.120]  the bad investments that led to its undoing.
[02:07.120 --> 02:12.680]  The report concluded Lehman died from bad mortgage holdings and less directly, demands
[02:12.680 --> 02:18.240]  by rivals like JPMorgan Chase and Citigroup that the Foundering Bank post-collateral
[02:18.240 --> 02:24.040]  against loans it desperately needed, but the examiner Anton Valloukas laid out what the
[02:24.040 --> 02:29.240]  report characterized as, quote, materially misleading accounting gimmicks that Lehman
[02:29.240 --> 02:33.240]  used to mask the perilous state of his finances.
[02:33.240 --> 02:38.200]  Lehman's bankruptcy, the largest in U.S. history, shook the financial world.
[02:38.200 --> 02:43.000]  According to the report, Lehman used what amounted to financial engineering to temporarily
[02:43.000 --> 02:48.840]  shuffle $50 billion of troubled assets off its books in the months before its collapse
[02:48.840 --> 03:13.640]  in September 2008 to conceal its dependence on borrowed money.
[03:18.840 --> 03:46.640]  Bad boys, bad boys, what you gonna do?
[03:46.640 --> 03:51.240]  What you gonna do, what you gonna do when they come for you?
[03:51.240 --> 03:54.240]  Bad boys, bad boys, what you gonna do?
[03:54.240 --> 03:57.240]  What you gonna do when they come for you?
[03:57.240 --> 04:02.240]  When you were eight and you had bad trees, you'd go to school and learn the golden rules.
[04:02.240 --> 04:05.240]  So why are you acting like a bloody fool?
[04:05.240 --> 04:08.240]  If you get high, then you might get cool.
[04:08.240 --> 04:10.240]  Bad boys, bad boys, what you gonna do?
[04:10.240 --> 04:13.240]  What you gonna do when they come for you?
[04:13.240 --> 04:17.240]  Bad boys, bad boys, what you gonna do?
[04:17.240 --> 04:21.240]  What you gonna do when they come for you?
[04:21.240 --> 04:28.240]  Bad boys, bad boys, what are you gonna do when we come for you?
[04:28.240 --> 04:37.240]  This is the rule of law, Randy Kelton, Eddie Craig, Deborah Stevens, and tonight we want
[04:37.240 --> 04:49.040]  to announce Texas Architects and Engineers for 9-11 Truth 1000 press conference and seminar
[04:49.040 --> 04:58.240]  this Saturday, March 20th at 1 p.m. at the Doubletree Hotel in Austin, Texas, I-35 at
[04:58.240 --> 04:59.240]  290.
[04:59.240 --> 05:04.080]  It's going to be a major blowout event.
[05:04.080 --> 05:09.280]  This is the official Architects and Engineers press conference here in this state.
[05:09.280 --> 05:17.040]  We've got Alex Jones speaking, Lieutenant Colonel Dr. Bob Bowman, Architect Ron Avery,
[05:17.040 --> 05:25.000]  Dr. Al Hayes, Foundry Expert Derrick Johnson, and more.
[05:25.000 --> 05:30.000]  It's going to be amazing, folks, so make sure you make it out.
[05:30.000 --> 05:40.040]  Go to Architect Ron Avery's website, meetup.com slash taphouse for more information and to
[05:40.040 --> 05:41.040]  make donations.
[05:41.040 --> 05:43.080]  This is a free event.
[05:43.080 --> 05:50.480]  We want it open to the public so that everyone will be able to come, but please, folks, give
[05:50.480 --> 05:51.760]  some donations.
[05:51.760 --> 05:57.640]  You can make donations at the website and also at the door because these kind of events
[05:57.640 --> 06:04.440]  aren't free, and Ron Avery is hosting this event as a representative of Architects and
[06:04.440 --> 06:10.000]  Engineers for 9-11 Truth, and he's basically funding the whole thing out of his own pocket,
[06:10.000 --> 06:12.520]  so let's help these guys out.
[06:12.520 --> 06:18.800]  They have given everything for 9-11 Truth, and they're even paying for it out of their
[06:18.800 --> 06:22.200]  own pocket, so let's support these guys.
[06:22.200 --> 06:25.520]  I just want to put the word out for everyone to go out.
[06:25.520 --> 06:26.520]  It's going to be amazing.
[06:26.520 --> 06:32.120]  He's going to have gigantic models of the World Trade Center and show how they were
[06:32.120 --> 06:34.400]  constructed and demolished.
[06:34.400 --> 06:41.220]  There will be presentations on Physics Professor Steve Jones and Underwriters Laboratory Engineer
[06:41.220 --> 06:48.000]  Kevin Ryan's peer-reviewed paper, which was published recently in the Open Chemical Physics
[06:48.000 --> 06:55.600]  Journal describing irrefutable evidence of nanothermite found in all the dust samples
[06:55.600 --> 06:58.240]  from the World Trade Center.
[06:58.240 --> 07:02.160]  That will be presented by Dr. Al Hayes.
[07:02.160 --> 07:09.480]  Foundry expert Derek Johnson will detail the freefall collapse of Building 7 and more.
[07:09.480 --> 07:10.920]  So this is it, folks.
[07:10.920 --> 07:12.840]  This is the real deal.
[07:12.840 --> 07:13.840]  We're going to do this.
[07:13.840 --> 07:16.760]  We're going to take it into the court system.
[07:16.760 --> 07:25.080]  Architects and Engineers for 9-11 Truth, over 1,100-degree licensed professionals have signed
[07:25.080 --> 07:33.560]  a petition demanding a real investigation of 9-11, and they are also demanding a formal
[07:33.560 --> 07:44.120]  grand jury investigation into Shams Sunder and John Grossman of NIST because they headed
[07:44.120 --> 07:51.320]  up the half-baked Swiss cheese government report on Building 7, if you even want to
[07:51.320 --> 07:53.280]  call it that.
[07:53.280 --> 07:55.320]  We are finally doing this, people.
[07:55.320 --> 08:00.960]  This is why I got into this whole thing from the beginning, is because of 9-11 and to take
[08:00.960 --> 08:04.120]  the evidence of 9-11 into the court system.
[08:04.120 --> 08:06.240]  We have it.
[08:06.240 --> 08:10.920]  Architects and Engineers for 9-11 Truth are demanding formal grand jury investigation
[08:10.920 --> 08:18.080]  into these government ropes, so everybody better make it out there this Saturday, one
[08:18.080 --> 08:19.080]  to nine.
[08:19.080 --> 08:21.000]  You can meet us for lunch at noon.
[08:21.000 --> 08:27.920]  We're all taking a dinner break at 5, so nobody will miss anything, and it will go till 9,
[08:27.920 --> 08:33.560]  and there'll even be opportunities to speak with these speakers and presenters after the
[08:33.560 --> 08:36.280]  event and on breaks and these kinds of things.
[08:36.280 --> 08:38.720]  So that's the announcement for tonight.
[08:38.720 --> 08:44.080]  Everybody make it out there, and now we're going to go to Eddie, who wants to discuss
[08:44.080 --> 08:50.360]  changes in the Code of Criminal Procedure as of 2010.
[08:50.360 --> 08:52.720]  So Eddie, what do you got for us tonight?
[08:52.720 --> 08:58.720]  Well, the first thing I'd like to do is, Randy, run this structure by me or with me here and
[08:58.720 --> 09:02.000]  see if I've got this correct, okay?
[09:02.000 --> 09:08.640]  In the case of someone getting involved in the legal system, normally in the case of
[09:08.640 --> 09:13.760]  a traffic offense, they're either issued a citation or they're placed under arrest.
[09:13.760 --> 09:17.440]  So that's step number one, correct?
[09:17.440 --> 09:19.000]  Correct.
[09:19.000 --> 09:25.000]  Okay, now, once you get into the system, the first thing that's supposed to happen is,
[09:25.000 --> 09:32.060]  when you appear before the magistrate, is that you have an examining trial, which establishes
[09:32.060 --> 09:35.240]  probable cause, so on and so forth, correct?
[09:35.240 --> 09:39.600]  That's what 543.006 paragraph B says.
[09:39.600 --> 09:45.120]  Okay, now, when you go before a magistrate and you have your examining trial, probable
[09:45.120 --> 09:46.840]  cause is found.
[09:46.840 --> 09:53.360]  If probable cause is found, the prosecuting attorney is required to write up an information,
[09:53.360 --> 09:54.720]  correct?
[09:54.720 --> 09:55.720]  Correct.
[09:55.720 --> 10:00.640]  That information then, according to the Texas Constitution, is to be submitted to a grand
[10:00.640 --> 10:07.320]  jury to hand down an indictment, according to Article 5, Section 17, State Constitution.
[10:07.320 --> 10:08.320]  Correct.
[10:08.320 --> 10:13.720]  Now, on top of that, there can be a waiver of indictment from Code of Criminal Procedure
[10:13.720 --> 10:19.360]  1.141, but it must be written and signed by the accused, knowingly, willingly, and with
[10:19.360 --> 10:22.160]  full knowledge of what he's waiving, correct?
[10:22.160 --> 10:23.160]  Correct.
[10:23.160 --> 10:31.360]  It must be signed in court, with counsel present, free of coercion, with full disclosure.
[10:31.360 --> 10:32.360]  Okay.
[10:32.360 --> 10:40.600]  And then, and only then, can the prosecution proceed on an information alone?
[10:40.600 --> 10:43.280]  Correct.
[10:43.280 --> 10:45.560]  It depends on the court.
[10:45.560 --> 10:53.560]  Well, if they waive the indictment, then they can proceed on the information alone, but
[10:53.560 --> 10:57.560]  without an indictment, they can't do anything unless an indictment is waived.
[10:57.560 --> 11:00.480]  There has to be an indictment.
[11:00.480 --> 11:05.840]  That's certainly the way I read it, and Danny Murphy was the first one to bring it to my
[11:05.840 --> 11:08.480]  attention, and that was certainly the way it read.
[11:08.480 --> 11:09.480]  Okay.
[11:09.480 --> 11:10.480]  And I haven't found anything-
[11:10.480 --> 11:11.480]  I agree with you.
[11:11.480 --> 11:15.640]  I haven't found anything to mitigate that.
[11:15.640 --> 11:19.200]  Nor have I, and I've looked, I've been looking.
[11:19.200 --> 11:25.480]  Now, once that indictment is handed down, then and only then, does the court have an
[11:25.480 --> 11:34.320]  arraignment because until you've been indicted, you can't enter a plea.
[11:34.320 --> 11:38.760]  Yeah, and let me explain arraignment real quickly.
[11:38.760 --> 11:47.080]  A magistrate, an examining trial where a magistrate determines probable cause can be held by any
[11:47.080 --> 11:50.080]  magistrate in the state of Texas.
[11:50.080 --> 11:54.720]  When he finds probable cause, then he's directed to seal all the documents had in the hearing
[11:54.720 --> 11:57.760]  because the name written across the envelope and forward it to the clerk of the court of
[11:57.760 --> 11:58.760]  jurisdiction.
[11:58.760 --> 12:03.040]  Well, the court of jurisdiction may have never seen or heard of you, so the first thing they
[12:03.040 --> 12:11.680]  do is hold an arraignment hearing to find out who you are to positively identify you
[12:11.680 --> 12:12.680]  and take you-
[12:12.680 --> 12:15.040]  As a person in the indictment or in the information.
[12:15.040 --> 12:16.040]  Yes.
[12:16.040 --> 12:21.600]  Yes, and I completely understand that's exactly how it's supposed to work, and obviously these
[12:21.600 --> 12:25.520]  people don't, but that's how we see that it's supposed to work.
[12:25.520 --> 12:35.200]  Now we've talked and we've talked about how 1406 and 1517 Code of Criminal Procedure facilitate
[12:35.200 --> 12:41.920]  the legal black hole, which the legislators have attempted to fix in 2010.
[12:41.920 --> 12:46.240]  They've taken a run and stab at it, unfortunately, as always, they've missed and hit themselves
[12:46.240 --> 12:48.520]  squarely between the eyes.
[12:48.520 --> 12:52.760]  Let's look at 1406 and see what they've changed in 1406.
[12:52.760 --> 12:58.320]  1406 used to have one paragraph, now it's got two.
[12:58.320 --> 13:05.120]  1406 subsection B now reads, a peace officer who is charging a person, including a child,
[13:05.120 --> 13:09.440]  with committing an offense that is a class C misdemeanor, other than an offense under
[13:09.440 --> 13:16.520]  section 49.02, which is public intoxication, penal code, may, instead of taking the person
[13:16.520 --> 13:20.840]  before a magistrate, issue a citation to the person that contains written notice of the
[13:20.840 --> 13:25.200]  time and place the person must appear before a magistrate.
[13:25.200 --> 13:30.280]  The name and address of the person charged, the offense charged, and the following admonishment,
[13:30.280 --> 13:35.480]  this is where it gets changed, charged is where it used to end, now they've included
[13:35.480 --> 13:41.400]  in this, and the following admonishment in bold-faced or underlined type or in capital
[13:41.400 --> 13:42.480]  letters.
[13:42.480 --> 13:47.480]  If you are convicted of a misdemeanor offense involving violence where you are or were a
[13:47.480 --> 13:53.080]  spouse, intimate partner, parent, or guardian of the victim, or are or were involved in
[13:53.080 --> 13:58.760]  another similar relationship with the victim, it may be unlawful for you to possess or purchase
[13:58.760 --> 14:05.400]  a firearm, including a handgun or long gun or ammunition, pursuant to federal law under
[14:05.400 --> 14:13.600]  18 USC section 922 G9 or section 46.04 B, Texas Penal Code.
[14:13.600 --> 14:17.800]  If you have any questions whether these laws make it illegal for you to possess or purchase
[14:17.800 --> 14:21.800]  a firearm, you should consult an attorney.
[14:21.800 --> 14:27.640]  That's what's been added to 14.06 B. So as you can see, the Obama disarmament plan
[14:27.640 --> 14:31.120]  is now going full scale through the Texas legislature.
[14:31.120 --> 14:35.800]  They're trying to make it where any, now, and remember, used to, only a felony could
[14:35.800 --> 14:41.760]  deprive you of the right to keep and bear arms, except in your actual home, okay?
[14:41.760 --> 14:44.440]  Now they've converted it to a misdemeanor.
[14:44.440 --> 14:50.160]  If it involves any type of family-oriented violence or accusation of family-oriented
[14:50.160 --> 14:54.280]  violence, now they're going to deny you the right to keep and bear arms.
[14:54.280 --> 14:57.240]  Now just imagine that.
[14:57.240 --> 15:03.080]  They're getting everything set up where everything is such an offense that you can be declared
[15:03.080 --> 15:08.840]  somebody that's not capable of owning a gun.
[15:08.840 --> 15:11.960]  If that doesn't tick you off, wait till we get to the next one here.
[15:11.960 --> 15:14.360]  You were going to say something, Randy?
[15:14.360 --> 15:21.000]  Yeah, well, it's the standard way that government does things.
[15:21.000 --> 15:23.440]  They sneak them up on us.
[15:23.440 --> 15:27.840]  They press up against the edge of the envelope, and then when we get comfortable with it,
[15:27.840 --> 15:31.400]  they press a little farther, and they keep steadily encroaching.
[15:31.400 --> 15:34.280]  Yep, that they do.
[15:34.280 --> 15:37.380]  Now let's look at the change they made to 15.17.
[15:37.380 --> 15:41.520]  If you'll remember, we've had many discussions the last few weeks over 15.17b.
[15:41.520 --> 15:47.060]  Obviously, there are some legislators that listen to our show because they have directly
[15:47.060 --> 15:49.680]  addressed some of the issues that we had.
[15:49.680 --> 15:53.160]  Unfortunately, they still did not solve the problem.
[15:53.160 --> 15:59.600]  15.17b used to direct the court to send you to the county or statutory county court for
[15:59.600 --> 16:01.560]  the purposes of arraignment.
[16:01.560 --> 16:03.840]  Let's see what they've changed.
[16:03.840 --> 16:08.520]  Either an accused charged with a misdemeanor punishable by fine only is taken before a
[16:08.520 --> 16:14.880]  magistrate under subsection A, and the magistrate has identified the accused with certainty.
[16:14.880 --> 16:19.360]  The magistrate may release the accused without bond and order the accused to appear at a
[16:19.360 --> 16:25.880]  later date for arraignment in the applicable justice court or municipal court.
[16:25.880 --> 16:31.600]  So they've now removed county court or statutory county court.
[16:31.600 --> 16:36.080]  The order must state in writing the time, date, and place of the arraignment, and the
[16:36.080 --> 16:38.400]  magistrate must sign the order.
[16:38.400 --> 16:42.040]  The accused shall receive a copy of the order on release.
[16:42.040 --> 16:46.360]  If an accused fails to appear as required by the order, the judge of the court in which
[16:46.360 --> 16:50.440]  the accused is required to appear shall issue a warrant.
[16:50.440 --> 16:51.920]  Rest of it reached pretty much the same.
[16:51.920 --> 17:00.760]  We're going to discuss a little bit of this when we get back on the inside of the break.
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[18:28.560 --> 18:58.280]  Okay, go ahead Eddie, we're talking about these changes and we're not liking it very
[18:58.280 --> 18:59.280]  much.
[18:59.280 --> 19:05.000]  Yeah, as I was saying, the rest of subsection B of 1517 still reads pretty much exactly
[19:05.000 --> 19:13.200]  the same, however, the thing about it is, is I've always considered that B short circuits
[19:13.200 --> 19:15.680]  A because that's what they do.
[19:15.680 --> 19:20.480]  I have never agreed it's what they're supposed to do, okay?
[19:20.480 --> 19:25.420]  They are supposed to do the steps that are in 1517A.
[19:25.420 --> 19:32.760]  One of those steps includes asking you whether or not you require assistance of counsel,
[19:32.760 --> 19:37.800]  something a justice and municipal court never ever do.
[19:37.800 --> 19:43.160]  Now if any of you folks out there have found the statute that says it's okay for them to
[19:43.160 --> 19:49.080]  deny you assistance of counsel in those courts, please tell me where it is because I haven't
[19:49.080 --> 19:51.160]  found it.
[19:51.160 --> 19:57.160]  But the courts routinely deny those accused of a class C misdemeanor the assistance of
[19:57.160 --> 19:58.440]  counsel.
[19:58.440 --> 20:02.360]  They tell you that you must go get your own counsel.
[20:02.360 --> 20:08.600]  They're willing to treat you in every regard just like any other criminal case except when
[20:08.600 --> 20:15.360]  it comes to assistance of counsel, your due process right to discovery, full disclosure
[20:15.360 --> 20:20.760]  and the other things they don't bother to tell you when you go into their little arena.
[20:20.760 --> 20:24.520]  You'll notice that when you go into these municipal or justice courts and you try to
[20:24.520 --> 20:29.280]  set up a motion hearing, you try to set up an arraignment and I'm going to tell you folks
[20:29.280 --> 20:35.200]  right now when this judge in these courts issues this order from now on, you better
[20:35.200 --> 20:40.080]  read it very carefully because I guarantee you it's going to say one thing in it and
[20:40.080 --> 20:43.920]  that is that you waive your right to an arraignment.
[20:43.920 --> 20:47.600]  Not only are you going to waive your right to an arraignment, you're going to subsequently
[20:47.600 --> 20:51.680]  waive your rights to an examining trial.
[20:51.680 --> 20:57.600]  Don't sign anything these people put in front of you without reading it.
[20:57.600 --> 21:05.160]  Don't do it because that is how they're getting away with circumventing your due process rights.
[21:05.160 --> 21:06.840]  You're signing them away.
[21:06.840 --> 21:12.960]  You're not doing it knowingly and willingly but they're certainly going to say you did.
[21:12.960 --> 21:15.840]  Don't sign their paperwork without reading it.
[21:15.840 --> 21:20.640]  Don't let them con you into waiving rights that are rightfully yours because they will
[21:20.640 --> 21:22.600]  if they can.
[21:22.600 --> 21:26.840]  Now granted the purpose of the justice and municipal courts is to take some of the work
[21:26.840 --> 21:31.520]  load off the higher courts for those people that just want to get it over with and get
[21:31.520 --> 21:36.880]  out of the way and no big deal, yes I'm guilty, I'll go ahead and plead out and pay the fine
[21:36.880 --> 21:38.760]  or whatever and just go my merry way.
[21:38.760 --> 21:44.280]  Well that's fine and wonderful but when that court is used to deny the due process of those
[21:44.280 --> 21:49.880]  that are trying to achieve justice because they're not guilty or have a real issue with
[21:49.880 --> 21:56.280]  what was done to them in the process, personally I don't believe those courts can maintain
[21:56.280 --> 22:04.560]  jurisdiction in those cases simply because they are a court of simplicity rather than
[22:04.560 --> 22:10.200]  fully functional due process and it says that right in chapter 45.
[22:10.200 --> 22:14.280]  The purpose of these courts is to allow you to go through without all the formality of
[22:14.280 --> 22:17.720]  all the other courts and blah, blah, blah.
[22:17.720 --> 22:19.680]  Big fat hairy whoop and do.
[22:19.680 --> 22:21.480]  I want my due process.
[22:21.480 --> 22:26.880]  If that means this court is too incompetent to handle it, put me in one that can.
[22:26.880 --> 22:34.320]  I'm not here to have my due process short circuited or easier on the court.
[22:34.320 --> 22:39.520]  We're not going to get anywhere letting them tell us what has to be done.
[22:39.520 --> 22:45.720]  We need to know for ourselves and we need to insist that we get every right we're entitled
[22:45.720 --> 22:53.120]  to and not let them sneak them out from under us but again if anyone out there has found
[22:53.120 --> 23:02.520]  a specific statute authorizing the state, the city or the county to deny assistance
[23:02.520 --> 23:09.060]  of counsel to Class C misdemeanor offenses, I would love to know where it is in reading.
[23:09.060 --> 23:12.280]  So that's a little something for you all to take a look at and see if you can locate because
[23:12.280 --> 23:15.360]  I have had no luck on this subject.
[23:15.360 --> 23:16.360]  Okay Randy.
[23:16.360 --> 23:21.840]  Well I have some, I have three tickets I just got recently and when I get to court I'm going
[23:21.840 --> 23:29.880]  to demand appointment of counsel and the judge is going to tell me that I don't have a right
[23:29.880 --> 23:37.080]  to counsel in a Class C misdemeanor and then things are going to get interesting.
[23:37.080 --> 23:42.800]  Since you're giving me legal advice Your Honor, will you please stipulate specifically where
[23:42.800 --> 23:49.720]  my right to counsel is guaranteed by the Constitution which usurped, who did it, what statute, what
[23:49.720 --> 23:51.720]  case law specifically.
[23:51.720 --> 23:57.640]  Since you're litigating from the bench and giving me all this really nice free legal
[23:57.640 --> 24:08.680]  advice give me some more and when he doesn't I ask him to stand down from the bench.
[24:08.680 --> 24:11.560]  Good chance I'll wind up in jail over this one.
[24:11.560 --> 24:17.040]  Well anything is possible these days and that's exactly the problem folks.
[24:17.040 --> 24:21.360]  Now let's see how much sense this little aspect of this makes.
[24:21.360 --> 24:25.080]  Now we know these are the steps they're supposed to go through.
[24:25.080 --> 24:29.520]  We also know these are the things they do not do.
[24:29.520 --> 24:35.200]  Now the part that makes no sense to me and I've mentioned it before I believe is that
[24:35.200 --> 24:42.560]  you have these officers, okay, that take you under arrest instead of taking you before
[24:42.560 --> 24:46.960]  a magistrate they take you straight to jail.
[24:46.960 --> 24:54.060]  Now be mindful of the fact that you have been arrested for an offense that cannot contain
[24:54.060 --> 24:57.840]  imprisonment as a part of the punishment.
[24:57.840 --> 25:04.840]  So how is it that even though the judge himself cannot order you incarcerated on a finding
[25:04.840 --> 25:12.640]  of guilty the officer believes he has the authority to go throw you in jail and keep
[25:12.640 --> 25:19.920]  you there for however many hours or days they so desire and you haven't even been charged,
[25:19.920 --> 25:27.200]  had any probable cause determination, found guilty, none of the above and yet you're sitting
[25:27.200 --> 25:28.640]  in jail.
[25:28.640 --> 25:31.240]  Where does that authority come from?
[25:31.240 --> 25:37.640]  Because the law doesn't grant it, the law in fact specifically prohibits it.
[25:37.640 --> 25:41.820]  So where are they getting the idea they can do these things?
[25:41.820 --> 25:48.960]  This is exactly the reason I want to get the legislature on the floor en masse and tell
[25:48.960 --> 25:53.240]  them exactly what I think of the crap they're pulling.
[25:53.240 --> 25:59.480]  Because as their boss I want to know where you suddenly get the idea that you can supersede
[25:59.480 --> 26:07.560]  the very laws we allowed you to create and use them to violate the very rights we protected
[26:07.560 --> 26:13.720]  with that constitution you swore to uphold, protect and serve under.
[26:13.720 --> 26:20.360]  Now the more I read about this in the constitution versus what they do and where these acts that
[26:20.360 --> 26:27.760]  they have created are coming from, the more convinced I am that each one of these particular
[26:27.760 --> 26:34.520]  codes is created under the general powers of the legislature.
[26:34.520 --> 26:40.320]  And for those of you that haven't done it yet, I beg of you, go read the Texas Constitution,
[26:40.320 --> 26:42.920]  Article 1, Section 29.
[26:42.920 --> 26:49.960]  See what it says about the things in the Bill of Rights versus the general powers of government.
[26:49.960 --> 26:57.240]  It says very clearly that everything in the Bill of Rights is forever accepted from the
[26:57.240 --> 27:00.540]  general powers of government.
[27:00.540 --> 27:08.320]  That is so that they cannot use the high powers we delegated to them to abrogate, derogate,
[27:08.320 --> 27:17.080]  which is just fancy words for make smaller or less useful or less of a right or diminish
[27:17.080 --> 27:19.840]  them in some way or capacity.
[27:19.840 --> 27:24.920]  They cannot use those powers we granted to lessen the rights of the people or to destroy
[27:24.920 --> 27:26.720]  them entirely.
[27:26.720 --> 27:29.580]  They can't do it.
[27:29.580 --> 27:35.520]  So when they start using these regulations that cannot be used against the people because
[27:35.520 --> 27:42.120]  they're created under the general powers, to take away a right of liberty or some other
[27:42.120 --> 27:48.200]  right belonging to the people, we need to stand up and ask, what are you doing?
[27:48.200 --> 27:54.120]  And where exactly do you think you're getting the authority to do it?
[27:54.120 --> 27:58.120]  Because I have a problem with this.
[27:58.120 --> 28:03.760]  So again, that's something I'm looking into is how do we get on the floor and confront
[28:03.760 --> 28:04.760]  these people?
[28:04.760 --> 28:09.120]  Now, another gentleman we've got doing some research with us, Mr. Larry out there is looking
[28:09.120 --> 28:11.960]  into something else.
[28:11.960 --> 28:15.720]  And that is to find out on these new changes.
[28:15.720 --> 28:25.640]  It seems like we've got just a few people showing up at the legislature during the session
[28:25.640 --> 28:30.380]  and they're running votes for everybody.
[28:30.380 --> 28:37.200]  We get a handful of people, we do not have a quorum, and yet these things are getting
[28:37.200 --> 28:42.680]  voted on and passed and it would appear that some of these people that are voting aren't
[28:42.680 --> 28:45.500]  even there.
[28:45.500 --> 28:50.880]  So we're looking in right now and to see if we can get a list showing who was present
[28:50.880 --> 28:59.360]  during the vote and find out where are these so-called representatives of ours and legislators
[28:59.360 --> 29:04.800]  of ours that are supposed to be doing our will and our bidding actually were when these
[29:04.800 --> 29:11.440]  votes were taken to pass these changes and these bills.
[29:11.440 --> 29:15.720]  Because I've gone and I've talked to some of these people face-to-face and yes, a lot
[29:15.720 --> 29:19.640]  of them are attorneys, which you all know my gripe with them being attorneys in the
[29:19.640 --> 29:20.920]  first place.
[29:20.920 --> 29:27.400]  It's a complete violation of the Constitution Division of Powers, Doctor, but be that as
[29:27.400 --> 29:29.280]  it may.
[29:29.280 --> 29:33.880]  These guys want you to think that they're all that in a bag of chips because they go
[29:33.880 --> 29:40.280]  do this without pay, they go do this of their own free will, they'd only get a pay-to-per-deal
[29:40.280 --> 29:45.360]  and so on and so forth for going to the legislature and doing all this on behalf of the people
[29:45.360 --> 29:46.360]  of Texas.
[29:46.360 --> 29:51.200]  Well, I got news for you, it ain't on our behalf they're doing this, but we'll cover
[29:51.200 --> 29:53.760]  more of that when we get back on the other side of the break.
[29:53.760 --> 29:55.760]  Yeah, really, thanks but no thanks.
[29:55.760 --> 30:01.000]  We'll be right back.
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[30:59.360 --> 31:00.360]  collectors now.
[31:00.360 --> 31:13.360]  Yes, I got the one rent and I'm going to solve them to the end of the month then, prosecute
[31:13.360 --> 31:14.360]  them.
[31:14.360 --> 31:15.360]  Okay.
[31:15.360 --> 31:29.240]  All right, folks, welcome back to Rule of Law Radio.
[31:29.240 --> 31:33.560]  This is Eddie Craig, Randy Kelton, and Deborah Stevens, and we're going to continue on with
[31:33.560 --> 31:35.920]  this discussion here for a second.
[31:35.920 --> 31:36.920]  Okay.
[31:36.920 --> 31:40.680]  Now, let's consider the fact, like I said, that we've got a great number of lawyers that
[31:40.680 --> 31:44.120]  are working in the Texas legislature.
[31:44.120 --> 31:50.280]  And for those of you out there that have actually taken up the study of law, it starts to become
[31:50.280 --> 31:59.880]  very apparent in a lot of ways that these laws are being written to facilitate and ensure
[31:59.880 --> 32:03.520]  that there's business for the legal industry.
[32:03.520 --> 32:04.520]  Let's look at what they do.
[32:04.520 --> 32:08.360]  They've criminalized virtually everything you can possibly do.
[32:08.360 --> 32:14.600]  They've converted it into some kind of misdemeanor that gets you into the legal system.
[32:14.600 --> 32:19.320]  Once you're in the legal system, depending upon what grade of offense they wish to charge
[32:19.320 --> 32:26.080]  you with today, even though they can't produce a body or a harm or damage property or a criminal
[32:26.080 --> 32:32.160]  mindset, the mens rea as they call it, and so on and so forth, they still want to consider
[32:32.160 --> 32:36.440]  you a criminal and get you into the system.
[32:36.440 --> 32:44.080]  Now, of course, anything above a Class C misdemeanor automatically means that you can go to jail
[32:44.080 --> 32:51.000]  because somebody somewhere thought it was a good idea to amend the Texas Constitution
[32:51.000 --> 33:00.440]  in such a way as to say that you no longer have to be indicted as long as, or at least
[33:00.440 --> 33:07.840]  it says this in the Bill of Rights now, that you don't have to be indicted by a grand jury
[33:07.840 --> 33:13.640]  as long as you aren't put into a state penitentiary.
[33:13.640 --> 33:21.280]  You can, however, still be imprisoned for anything under a year in a county jail.
[33:21.280 --> 33:22.640]  Now imagine that.
[33:22.640 --> 33:30.720]  We have citizens in Texas being incarcerated without any type of grand jury indictment.
[33:30.720 --> 33:39.760]  Now, I, for one, don't believe for a minute the people of Texas were so stupid as to grant
[33:39.760 --> 33:47.800]  authority to the legislature to remove a very necessary protection on the liberty of the
[33:47.800 --> 33:52.480]  people, especially when they've been accused of a criminal act.
[33:52.480 --> 33:58.280]  And yet, we've got a Bill of Rights change, and I believe it's Section 10 of Article 1,
[33:58.280 --> 34:01.320]  that allows that to happen.
[34:01.320 --> 34:07.520]  Now on top of that, that would then put that section in direct conflict with Article 5,
[34:07.520 --> 34:12.960]  Section 17, which specifically states, the grand jury in the district court shall look
[34:12.960 --> 34:18.240]  into all misdemeanor cases and hand down an indictment which the district court shall
[34:18.240 --> 34:25.760]  then hand down to the inferior courts, or to the county court, or other inferior courts.
[34:25.760 --> 34:30.520]  Well, let's face it, folks, what's below the district court?
[34:30.520 --> 34:34.680]  The county, the justice, and the municipal.
[34:34.680 --> 34:37.160]  There aren't any other ones.
[34:37.160 --> 34:42.560]  You have different variations of the county, but they're at the same level, okay?
[34:42.560 --> 34:47.240]  So you've got two levels of inferior courts below the level of district.
[34:47.240 --> 34:52.200]  They're the only ones this indictment can be handed down to.
[34:52.200 --> 34:55.640]  Now we've got one of two possibilities after that indictment is done.
[34:55.640 --> 35:02.200]  If the district court says you can hand down to one having jurisdiction, if a class misdemeanor
[35:02.200 --> 35:07.320]  jurisdiction exists in municipal and justice courts, that means an indictment is just as
[35:07.320 --> 35:12.240]  viable there as it is in the county court, or in the district court.
[35:12.240 --> 35:17.680]  It's just a common sense, you can't get there without going through here method.
[35:17.680 --> 35:25.440]  Now, anyone out there should know that a constitution cannot have opposing articles in conflict
[35:25.440 --> 35:26.920]  with each other.
[35:26.920 --> 35:29.440]  Can't do it.
[35:29.440 --> 35:31.520]  That's a legal nullity.
[35:31.520 --> 35:34.960]  It's called imperamateria.
[35:34.960 --> 35:36.800]  They all have to fit together.
[35:36.800 --> 35:37.800]  Right.
[35:37.800 --> 35:42.200]  So the section that they've changed under the Bill of Rights, now get this, they changed
[35:42.200 --> 35:44.960]  the Bill of Rights, okay?
[35:44.960 --> 35:48.960]  They didn't change the other context of the constitution.
[35:48.960 --> 35:56.360]  They altered the people's Bill of Rights to take away the right to an indictment if they're
[35:56.360 --> 36:01.980]  going to park you in a county jail for less than a year.
[36:01.980 --> 36:07.280]  But the other part of the constitution says that even in a misdemeanor, and it does not
[36:07.280 --> 36:13.800]  limit the type of misdemeanor, it says all misdemeanors.
[36:13.800 --> 36:19.960]  Just like it says, in all criminal cases, the accused shall have the right to the assistance
[36:19.960 --> 36:20.960]  of counsel.
[36:20.960 --> 36:26.680]  Well, they've got two options here in my book, either start giving me assistance to counsel
[36:26.680 --> 36:33.520]  on a Class C, or you better take Class C out of the nature of a criminal charge.
[36:33.520 --> 36:37.920]  Because if you don't do either of those, you are in violation of the constitution.
[36:37.920 --> 36:40.120]  No ifs, no ands, no buts.
[36:40.120 --> 36:45.400]  I don't care what any court in Texas or anywhere else says about it.
[36:45.400 --> 36:49.320]  The language of the constitution could not be clearer.
[36:49.320 --> 36:56.760]  For a judge to sit in a chair and say, that's not what it means, proves that he is dumber
[36:56.760 --> 37:01.720]  than the code he's got on.
[37:01.720 --> 37:05.200]  Either that, or he doesn't speak the language.
[37:05.200 --> 37:08.840]  There just isn't any other way to take that.
[37:08.840 --> 37:14.360]  For a judge to sit and say, that's not what it means, when it is in clear plain English,
[37:14.360 --> 37:17.360]  is an act of high treason, people.
[37:17.360 --> 37:22.860]  It is an act of treason.
[37:22.860 --> 37:28.760]  When they do this, we need to be on our feet in that courtroom charging them on the spot
[37:28.760 --> 37:33.240]  and demanding they be arrested.
[37:33.240 --> 37:37.840]  When a judge says the constitution has no place in his courtroom, we ought to be standing
[37:37.840 --> 37:42.360]  up and saying, that is an act of treason.
[37:42.360 --> 37:48.000]  The court has these witnesses, I demand your dismissal.
[37:48.000 --> 37:55.400]  And Bailiff, I demand you arrest them for that act.
[37:55.400 --> 38:00.640]  We're not going to get anywhere sitting down in our chairs and be a good little mouse led
[38:00.640 --> 38:02.440]  right down into the mousetrap.
[38:02.440 --> 38:04.000]  We're just not.
[38:04.000 --> 38:08.040]  Stop being lemmings, people.
[38:08.040 --> 38:15.840]  This thing about a few of us spending all our time trying to do everything for everybody
[38:15.840 --> 38:17.340]  has got to stop.
[38:17.340 --> 38:20.040]  We can't do it, okay?
[38:20.040 --> 38:21.040]  We can't.
[38:21.040 --> 38:26.880]  We don't have the hours in the day, the food on the table, the money in the pocket or anything
[38:26.880 --> 38:27.880]  else.
[38:27.880 --> 38:31.400]  I cannot protect your rights.
[38:31.400 --> 38:34.920]  You have to do it.
[38:34.920 --> 38:41.760]  We're here to try to teach you how to do it, but we still are spending all our time trying
[38:41.760 --> 38:47.240]  to figure out what they're doing wrong, what we can do about it, and then teach it to you,
[38:47.240 --> 38:48.240]  folks.
[38:48.240 --> 38:50.240]  Help us.
[38:50.240 --> 38:51.240]  Do it.
[38:51.240 --> 38:52.240]  Work with us.
[38:52.240 --> 38:56.760]  When we're spending all our time doing this instead of earning a living because it's important
[38:56.760 --> 38:59.200]  to everybody, help support us.
[38:59.200 --> 39:03.840]  I'm not trying to beg here, but we've got things that we need to eat and drink and sleep
[39:03.840 --> 39:05.800]  in, too.
[39:05.800 --> 39:07.460]  But this has got to be done.
[39:07.460 --> 39:11.240]  If we don't get on our feet and learn what's going on and do something about it, we're
[39:11.240 --> 39:13.360]  going to lose everything.
[39:13.360 --> 39:18.380]  And when I say everything, I mean exactly that.
[39:18.380 --> 39:21.160]  They are killing us slowly but surely.
[39:21.160 --> 39:26.120]  They are leading us right down to that chain link fence with us on one side and them on
[39:26.120 --> 39:28.320]  the other.
[39:28.320 --> 39:30.240]  And then what are we going to do?
[39:30.240 --> 39:36.840]  What good is everything that we spend our time doing going to do any of us then?
[39:36.840 --> 39:37.840]  It's not.
[39:37.840 --> 39:38.840]  Okay.
[39:38.840 --> 39:43.520]  That's my turad for tonight.
[39:43.520 --> 39:45.160]  You said we had a phone call there?
[39:45.160 --> 39:47.480]  I was going to say, why are you holding back?
[39:47.480 --> 39:50.240]  Why don't you just say what you mean?
[39:50.240 --> 39:51.520]  Well, I'm sorry.
[39:51.520 --> 39:56.360]  I'm not trying to sound obscene to anybody out there, but I want folks to understand
[39:56.360 --> 39:58.680]  this is an ongoing continual process.
[39:58.680 --> 40:01.780]  They never sleep in trying to do us wrong.
[40:01.780 --> 40:04.400]  We can't sleep in trying to fix the problem.
[40:04.400 --> 40:10.760]  You said we had a phone call there?
[40:10.760 --> 40:12.760]  Tell me right, Eddie.
[40:12.760 --> 40:15.200]  Yeah, we got a phone call.
[40:15.200 --> 40:16.200]  Say again?
[40:16.200 --> 40:17.200]  Okay.
[40:17.200 --> 40:18.200]  Russell from Texas.
[40:18.200 --> 40:19.200]  You're telling it right, Eddie?
[40:19.200 --> 40:20.200]  Hey, Russell.
[40:20.200 --> 40:21.200]  Thanks for calling in.
[40:21.200 --> 40:22.200]  What's on your mind tonight?
[40:22.200 --> 40:23.200]  Hey, how you doing?
[40:23.200 --> 40:33.360]  I just want to point out that I get a little tired of reading in this code every time it
[40:33.360 --> 40:38.400]  talks about Magistration when the Supreme Court of the United States has ruled that
[40:38.400 --> 40:43.680]  the Magistration can't happen the way they've been doing it for all these years as far back
[40:43.680 --> 40:44.680]  as 1978.
[40:44.680 --> 40:51.960]  Because that's the point to where they have to give you counsel.
[40:51.960 --> 40:59.280]  And all this crap of them telling you in like parts of 1517 is unconstitutional because
[40:59.280 --> 41:03.120]  they are not supposed to sit there and just tell you that you're as right for counsel
[41:03.120 --> 41:05.980]  or we can record a point counsel or whatever.
[41:05.980 --> 41:12.880]  That judge is not even supposed to talk to you unless you have counsel.
[41:12.880 --> 41:18.200]  And all these other things that they're doing and it keeps referring back to the Magistration,
[41:18.200 --> 41:21.360]  that's the first issue that's going wrong right there.
[41:21.360 --> 41:24.520]  There's where your due process violations are starting.
[41:24.520 --> 41:32.040]  I'd go along with that.
[41:32.040 --> 41:36.600]  So you know, they can change these statutes and add this paragraph and do all that stuff
[41:36.600 --> 41:37.780]  all you want.
[41:37.780 --> 41:42.840]  But if it involves a Magistration, then it's just more routine for the seven states out
[41:42.840 --> 41:47.800]  here that have decided that they're going to do it as they seem fit instead of the other
[41:47.800 --> 41:52.400]  43 states that do follow what the law and how it's written.
[41:52.400 --> 41:57.720]  And that's what the Supreme Court said in 2008 in the Rothgarry case.
[41:57.720 --> 41:59.880]  I mean it.
[41:59.880 --> 42:07.760]  I'd be the first to say that these legislative folks in Texas, they are utterly clueless
[42:07.760 --> 42:09.640]  on why they're there.
[42:09.640 --> 42:12.760]  They're as bad as Washington, D.C.
[42:12.760 --> 42:17.040]  They think that their only reason for existence is what they're going to get out of at the
[42:17.040 --> 42:23.480]  end as far as you know, their side business, what they do outside of the legislature.
[42:23.480 --> 42:28.640]  I mean I would love to be the guy able to vote on all the rules that govern what I'm
[42:28.640 --> 42:31.720]  allowed to do and what I'm allowed to make.
[42:31.720 --> 42:36.480]  Heck yeah, give me the power to set those rules, then let's see where I go from there.
[42:36.480 --> 42:41.000]  And you were right earlier when you talked about these people are doing all this to bring
[42:41.000 --> 42:42.000]  them business.
[42:42.000 --> 42:48.200]  Well I've come to the conclusion probably five years ago, maybe a little bit more, that
[42:48.200 --> 42:53.200]  this is nothing but a giant employment agency for these people.
[42:53.200 --> 42:58.600]  The government is nothing but a giant employment agency for what they claim is the elite of
[42:58.600 --> 43:04.000]  our society, whether it be lawyers or whoever's involved.
[43:04.000 --> 43:10.560]  I mean the lawyers keep the court going, the court keeps them going and the clerks on down
[43:10.560 --> 43:11.840]  the line.
[43:11.840 --> 43:16.960]  And that's why most of them are so arrogant when it comes to talking with us and treating
[43:16.960 --> 43:17.960]  us and stuff.
[43:17.960 --> 43:21.480]  It's like we're a peon to them.
[43:21.480 --> 43:25.000]  Yeah, that's exactly right.
[43:25.000 --> 43:29.440]  They think they're better than us for whatever reason they think they've got.
[43:29.440 --> 43:36.880]  And with my experience, I mean, the state brushes off the federal and the Supreme Court
[43:36.880 --> 43:40.440]  like it doesn't even exist.
[43:40.440 --> 43:43.800]  That's what kind of surprised me.
[43:43.800 --> 43:49.080]  Well we've got to change that and that's not, you know, all that you said, Russell, is totally
[43:49.080 --> 43:53.600]  correct and that's not the purpose of governments anyway.
[43:53.600 --> 43:54.600]  We'll be right back.
[43:54.600 --> 43:59.240]  Stand on the line, Russell.
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[45:22.840 --> 45:39.960]  Ok, we're back, alright go ahead Russell.
[45:39.960 --> 45:45.760]  I just think with them changing the laws or adding paragraphs and stuff to them, first
[45:45.760 --> 45:50.400]  of all we've got to make sure that they're fully constitutional and they're not constitutional
[45:50.400 --> 45:57.800]  because they keep violating the law or the constitution or something and the Supreme
[45:57.800 --> 46:02.520]  Court makes this ruling but yet it seems like the state of Texas and at least six other
[46:02.520 --> 46:08.720]  states can just thumb their nose if there was a ruling.
[46:08.720 --> 46:14.000]  There was three Supreme Court cases that discussed this whole thing when it comes to arrest,
[46:14.000 --> 46:20.400]  administration and everything and it dates back from 78 to 85 and then it was again settled
[46:20.400 --> 46:29.400]  in 2008 in the Ross-Gerry versus Gillespie County case and the Supreme Court chastised
[46:29.400 --> 46:34.840]  the state of Texas and I forgot the six other states to do it but they said why can the
[46:34.840 --> 46:41.800]  other 43 states do this and do this properly and these seven states can't.
[46:41.800 --> 46:43.720]  That's what I thought was amazing.
[46:43.720 --> 46:50.720]  And then if they can't, I mean why can't somebody step in and say hey change your procedures,
[46:50.720 --> 46:55.200]  make your statute constitutional and then there won't be no problems but it doesn't
[46:55.200 --> 46:57.600]  seem like anybody cares about that.
[46:57.600 --> 47:04.560]  Well now the problem is the law is being written by a lawyer and I've yet to meet one who's
[47:04.560 --> 47:09.560]  bothered to read it and must less understood it the way it was written even when they do
[47:09.560 --> 47:10.560]  write.
[47:10.560 --> 47:18.040]  And like you said, they write those laws to draw business and it's not just business for
[47:18.040 --> 47:19.040]  them.
[47:19.040 --> 47:26.320]  The problem is the law is being administered by judges who are acting as politicians and
[47:26.320 --> 47:27.960]  not judicial officers.
[47:27.960 --> 47:29.640]  That too.
[47:29.640 --> 47:34.360]  We need to change the political landscape by hammering the judges.
[47:34.360 --> 47:40.880]  When we start going after the judges instead of just accepting their opinions and going
[47:40.880 --> 47:48.240]  appealing them, every appeal should be accompanied with a judicial conduct complaint and a challenge,
[47:48.240 --> 47:51.120]  a claim to risk management.
[47:51.120 --> 47:56.360]  And it's just like something that I found just, I mean I almost fell over backwards
[47:56.360 --> 47:57.840]  when it happened to me.
[47:57.840 --> 48:05.120]  I hired an attorney to represent me and then when I couldn't pay him, he turned around
[48:05.120 --> 48:09.840]  and petitioned the court to get off the case.
[48:09.840 --> 48:14.520]  But yet I was at the time considering doing a plea bargain.
[48:14.520 --> 48:20.000]  But yet that attorney wanted to hang around and get me into that plea bargain because
[48:20.000 --> 48:25.080]  he was going to get to $350 for the court if he could bring me in there with a plea
[48:25.080 --> 48:27.320]  bargain.
[48:27.320 --> 48:36.440]  And I'm going, excuse me, this attorney would have gotten, I mean, I got this out of these
[48:36.440 --> 48:40.280]  people and I was flabbergasted when they told me this.
[48:40.280 --> 48:46.080]  I mean, okay, discontinue whether I paid the man or not, I hired him.
[48:46.080 --> 48:51.540]  And okay, okay, I hired him for five grand and it just so happened two months later,
[48:51.540 --> 48:54.080]  I got the five grand, I could have paid him.
[48:54.080 --> 48:59.320]  But they wanted to play games so I thought, no, I'm going to play it my way now.
[48:59.320 --> 49:04.360]  But even though I would have paid that attorney, if he could have got, and then he got off
[49:04.360 --> 49:10.680]  the case, if he could have got me to agree to that plea bargain for that next, you know,
[49:10.680 --> 49:17.160]  basically for Wednesday to the following Monday, he would have got $350 paid from the court
[49:17.160 --> 49:19.160]  for getting me in there.
[49:19.160 --> 49:27.880]  And I thought, my God, and it's just like right now, when they put me on probation,
[49:27.880 --> 49:33.400]  the court wanted this standby counsel, the court insisted on having it.
[49:33.400 --> 49:34.400]  I refused it.
[49:34.400 --> 49:38.080]  Well, you're going to have to accept it because the court wants it that way, basically is
[49:38.080 --> 49:39.080]  what the judge said.
[49:39.080 --> 49:45.160]  But since they turn around and put me on probation, now the judge signed an order, which he cannot
[49:45.160 --> 49:51.440]  do, as I have to pay that attorney $950.
[49:51.440 --> 49:56.480]  That is something that an attorney, I mean a judge, cannot do, is the order you to pay
[49:56.480 --> 49:59.000]  something to an attorney.
[49:59.000 --> 50:00.000]  That is beyond his ability.
[50:00.000 --> 50:02.840]  No, that hiring of that attorney is a private contract.
[50:02.840 --> 50:05.080]  The judge has no authority in that whatsoever.
[50:05.080 --> 50:11.880]  Well, see, he's getting out of it because the court would have had to pay for that attorney.
[50:11.880 --> 50:23.520]  But he's putting it down on me, expecting me to pay for him, $450 per charge.
[50:23.520 --> 50:28.480]  And that is something that cannot be done by a state judge.
[50:28.480 --> 50:32.760]  The state judge can only issue court fees and fines and that's it.
[50:32.760 --> 50:38.600]  He cannot order payment to an attorney or payment, all he can do is order restitution
[50:38.600 --> 50:39.600]  to a victim.
[50:39.600 --> 50:40.600]  That's it.
[50:40.600 --> 50:48.200]  And if I ever decide to go back into bankruptcy court, that's the first thing I'm going to
[50:48.200 --> 50:51.840]  do is drag him in there in front of a federal judge and say, how in the hell did you make
[50:51.840 --> 50:56.560]  this order?
[50:56.560 --> 51:05.440]  Because under a bankruptcy proceeding, that's fully dischargeable.
[51:05.440 --> 51:11.200]  The court fines and restitution and that stuff is not dischargeable.
[51:11.200 --> 51:17.640]  Then anything that he ordered paid to an attorney or anything similar to that is totally dischargeable
[51:17.640 --> 51:26.120]  in a bankruptcy that he cannot order.
[51:26.120 --> 51:32.000]  But between that situation and the first situation, when the guy kept sticking around me trying
[51:32.000 --> 51:36.160]  to convince me into doing this plea bargain, if he'd have got me in there, I found out
[51:36.160 --> 51:42.800]  from him that he would have been paid $350 by the court.
[51:42.800 --> 51:47.560]  So that whole scenario makes me wonder, you go out and hire an attorney for X amount of
[51:47.560 --> 51:52.200]  dollars, how many of these attorneys are getting fees and stuff from the court?
[51:52.200 --> 51:56.680]  Because you hired this attorney.
[51:56.680 --> 52:01.560]  How a court manages to pay your attorney anything.
[52:01.560 --> 52:08.280]  That's what I thought when I heard this, I'm going, excuse me?
[52:08.280 --> 52:14.080]  But evidently it's happening more than we know.
[52:14.080 --> 52:19.200]  The court would have had to pay for that stand by attorney, but they decided, no, we're going
[52:19.200 --> 52:23.440]  to keep the court from paying this, we're going to put it on him.
[52:23.440 --> 52:29.000]  They would probably have just made him court appointed counsel and then paid him the court
[52:29.000 --> 52:31.800]  appointed counsel fee.
[52:31.800 --> 52:34.000]  I'm sure that's probably how they would have paid him.
[52:34.000 --> 52:35.000]  Yes, $350.
[52:35.000 --> 52:37.640]  They were charging $450.
[52:37.640 --> 52:40.480]  No, that was different.
[52:40.480 --> 52:51.200]  Yeah, the first of the area was a little different than the second, but still.
[52:51.200 --> 52:56.560]  The attorney who, if he could have got a deal and Russell hadn't paid him, they would just
[52:56.560 --> 53:01.360]  assign him counsel and paid him his court appointed counsel.
[53:01.360 --> 53:04.720]  That's how they were going to do it.
[53:04.720 --> 53:07.600]  But doesn't it make anybody out there wonder, like, where the hell are they getting this
[53:07.600 --> 53:08.600]  money from?
[53:08.600 --> 53:12.920]  Oh no, I know where they're getting it from, they're stealing it from us.
[53:12.920 --> 53:13.920]  Well, I know.
[53:13.920 --> 53:17.320]  They're getting it out of our social security accounts, they're getting it on bonds that
[53:17.320 --> 53:18.320]  the court creates.
[53:18.320 --> 53:25.200]  I mean, there's not a court around here that should be called court, it all should be, say,
[53:25.200 --> 53:29.800]  the biggest national bank or whatever, because it's the biggest bank system there is.
[53:29.800 --> 53:35.440]  Well, I'm still in the process of trying to figure out how a corporation court managed
[53:35.440 --> 53:39.360]  to get jurisdiction over the citizens of Texas to begin with.
[53:39.360 --> 53:49.480]  It absolutely bottles my mind that a municipality, a corporation court, has jurisdiction over
[53:49.480 --> 53:50.480]  the people.
[53:50.480 --> 53:55.680]  I mean, hell, if Pennzoil went and made their own court, would I be subject to that too?
[53:55.680 --> 54:00.520]  I can't prove this, but it's my feeling about that whole matter is, is because we've been
[54:00.520 --> 54:03.920]  totally set up as a corporation.
[54:03.920 --> 54:07.480]  It's just like when we were talking the other night about commercial driving and the commercial
[54:07.480 --> 54:09.480]  driver's license.
[54:09.480 --> 54:14.080]  We all basically have one, it just doesn't say commercial on a lot of them.
[54:14.080 --> 54:16.080]  Oh, that's true.
[54:16.080 --> 54:17.080]  Those that have it, that's exactly what they have.
[54:17.080 --> 54:22.000]  But when you register your car and everything else, it's registered as a corporation.
[54:22.000 --> 54:28.320]  It doesn't say that on there, but that's what it's taken as.
[54:28.320 --> 54:37.640]  Wait a minute, even if it is, one corporation doesn't have authority over another corporation.
[54:37.640 --> 54:41.000]  Just because your corporation doesn't, that wouldn't give them the authority.
[54:41.000 --> 54:45.360]  This is just generic corruption.
[54:45.360 --> 54:50.640]  They're just doing whatever they want to, regardless of what the law says.
[54:50.640 --> 54:52.280]  Regardless, that's true.
[54:52.280 --> 54:56.040]  Or they're making the law where they can do something regardless of what the Constitution
[54:56.040 --> 55:02.680]  says or what's moral and ethical.
[55:02.680 --> 55:06.840]  That just comes from having these people wearing every hat in government.
[55:06.840 --> 55:10.700]  We cannot let attorneys stay in every branch of government.
[55:10.700 --> 55:16.360]  We just cannot do that.
[55:16.360 --> 55:17.840]  There's something else I would like to touch.
[55:17.840 --> 55:21.800]  This is really not a traffic deal, but I would like to touch on, because I remember, I think
[55:21.800 --> 55:28.880]  it was last Friday, your guy named Steve was on here talking about the economy and everything
[55:28.880 --> 55:29.880]  else.
[55:29.880 --> 55:37.560]  I told Randy the other day, and I think it needs to be said publicly, this entire system
[55:37.560 --> 55:43.240]  from the Federal Reserve and stuff has set on a double bookkeeping entry.
[55:43.240 --> 55:49.560]  If this system collapses, the national debt goes away too.
[55:49.560 --> 55:54.640]  All these people that sit out there and say, well, we're ruining the future of our children
[55:54.640 --> 55:59.520]  and all this other stuff, I think I can't buy that.
[55:59.520 --> 56:04.960]  I'm not an accountant, but for the last about seven years or so, I've been doing a lot of
[56:04.960 --> 56:08.160]  research when it comes to accounting and stuff.
[56:08.160 --> 56:13.000]  If this is a double bookkeeping entry system, like it is everywhere else, on everything
[56:13.000 --> 56:21.320]  that we do, and the system goes belly up, the national debt's gone too, because the
[56:21.320 --> 56:26.480]  national debt cannot stay around and the system be gone.
[56:26.480 --> 56:32.640]  I'd just like to point that out to a lot of people that hear some of these people and
[56:32.640 --> 56:33.640]  say this stuff.
[56:33.640 --> 56:40.080]  I mean, that's the only thing I didn't agree with Steve that night, because the simple
[56:40.080 --> 56:43.240]  fact of it is, is the double bookkeeping entry system.
[56:43.240 --> 56:48.800]  That's my little rant and rake for tonight.
[56:48.800 --> 56:50.840]  Hey, work with me.
[56:50.840 --> 56:51.840]  Thank you, Russell.
[56:51.840 --> 56:55.680]  I'm not going to comment on that, because I don't know squat in that area.
[56:55.680 --> 56:59.800]  Well, since I've been fighting my mortgage since 2001 and learning a hell of a lot about
[56:59.800 --> 57:04.240]  the double bookkeeping entry and everything else, it don't make sense to me when people
[57:04.240 --> 57:08.320]  get up and make statements like that, that, hey, we're hurting our children's future.
[57:08.320 --> 57:09.320]  We're doing this.
[57:09.320 --> 57:10.320]  We're doing that.
[57:10.320 --> 57:14.880]  We get there in the next breath, they're saying that the systems get ready to collapse.
[57:14.880 --> 57:18.480]  If the system collapses, so does the national debt.
[57:18.480 --> 57:23.160]  We're like everybody keeps saying that 2012, it all comes to an end.
[57:23.160 --> 57:29.400]  Well, if it doesn't, we start over from zero.
[57:29.400 --> 57:30.920]  That includes the national debt.
[57:30.920 --> 57:33.760]  That includes anything.
[57:33.760 --> 57:37.040]  That's what I'm getting at.
[57:37.040 --> 57:41.920]  So that's the one part about these people that claim to know this stuff, where it doesn't
[57:41.920 --> 57:46.120]  make sense to me, because in one side they're saying this, and then the other side they're
[57:46.120 --> 57:51.360]  saying that, and it's conflicting with each other.
[57:51.360 --> 57:57.320]  Well, Russell, what if it's a single entry bookkeeping on one side, and then they're
[57:57.320 --> 58:01.680]  showing a double entry bookkeeping to the public?
[58:01.680 --> 58:03.680]  What if there's two sets of books?
[58:03.680 --> 58:06.240]  There always is two sets of books.
[58:06.240 --> 58:10.440]  That's what the capper and all that other stuff deletes back to.
[58:10.440 --> 58:13.160]  I mean, the city of Austin's got two sets of books.
[58:13.160 --> 58:15.640]  Capital Metro, where I used to work, got two sets of books.
[58:15.640 --> 58:20.800]  They all got two sets of books.
[58:20.800 --> 58:21.800]  One's public, one's private.
[58:21.800 --> 58:30.800]  All right, well, thank you, Russell.
[58:30.800 --> 58:31.800]  Talk to you later.
[58:31.800 --> 58:32.800]  Good one.
[58:32.800 --> 58:42.320]  All right, we've got Guy, Danny, Ken, and Marshall coming up right after the top of
[58:42.320 --> 58:43.320]  the hour news.
[58:43.320 --> 58:59.520]  We'll be right back.
[58:59.520 --> 59:03.720]  My name is Randall Kelton, and I co-host on Rule of Law Radio.
[59:03.720 --> 59:08.520]  We specialize in showing people how to strike back against corrupt public officials.
[59:08.520 --> 59:12.920]  With the mortgage crisis worsening, we set our sights on finding a remedy for people
[59:12.920 --> 59:15.040]  who have been cheated by their lenders.
[59:15.040 --> 59:19.320]  If you have a mortgage or have paid yours off, you have probably been cheated out of
[59:19.320 --> 59:21.600]  thousands, but there is a remedy.
[59:21.600 --> 59:30.860]  Go to remediesinrealestate.com or call me at 512-430-4140 and find out how to use the
[59:30.860 --> 59:36.440]  consumer protection laws to recover what the lenders have stolen through fraud and deception.
[59:36.440 --> 59:41.240]  We will prepare for you a qualified written request that will expose the fraud and put
[59:41.240 --> 59:43.120]  the lenders on the dime.
[59:43.120 --> 59:47.200]  Lender fraud is bankrupting this country, and it's time to fight back.
[59:47.200 --> 59:56.880]  Go to remediesinrealestate.com or call 512-430-4140 and get the information you need to stop the
[59:56.880 --> 59:59.200]  money changers in their tracks.
[59:59.200 --> 01:00:03.800]  This news brief brought to you by the International News Net.
[01:00:03.800 --> 01:00:10.360]  Presidential Airways, an affiliate of Z, formerly known as Blackwater, has been awarded a $39
[01:00:10.360 --> 01:00:15.720]  million contract from the Pentagon to ferry passengers and cargo in Afghanistan.
[01:00:15.720 --> 01:00:21.880]  In 2006, the National Transportation Safety Board found unprofessional behavior by a presidential
[01:00:21.880 --> 01:00:28.200]  flight crew was a key cause of a plane crash in Afghanistan in which six men died.
[01:00:28.200 --> 01:00:33.080]  A British Airways computer expert who allegedly offered to cover for cabin crew in the event
[01:00:33.080 --> 01:00:39.080]  of a strike appeared in a UK court Thursday charged with plotting suicide bombings.
[01:00:39.080 --> 01:00:44.720]  Rajiv Karim allegedly obtained a passport and got a job at the airline to further the
[01:00:44.720 --> 01:00:46.920]  conspiracy.
[01:00:46.920 --> 01:00:52.000]  Two Israeli soldiers have been charged by the Israeli Army with using a Palestinian
[01:00:52.000 --> 01:00:56.000]  child as a human shield during the Gaza war.
[01:00:56.000 --> 01:01:03.160]  The soldiers are charged with forcing a nine-year-old boy to open bags suspected of containing explosives.
[01:01:03.160 --> 01:01:07.000]  This news brief brought to you by the International News Net.
[01:01:07.000 --> 01:01:12.920]  The ground shook and buildings swayed as billionaire Sebastian Piñera took over as Chile's President
[01:01:12.920 --> 01:01:20.080]  Thursday tasked with rebuilding after a massive 8.8 earthquake that killed 500 people.
[01:01:20.080 --> 01:01:26.320]  The magnitude 6.9 quake was nearly as powerful as the one that devastated Haiti in January.
[01:01:26.320 --> 01:01:31.640]  Piñera is a former senator who made a fortune on a credit card business and an airline.
[01:01:31.640 --> 01:01:36.480]  To fund reconstruction, the new leader is likely to issue international bonds and dip
[01:01:36.480 --> 01:01:38.720]  into the country's copper savings.
[01:01:38.720 --> 01:01:44.000]  Piñera is the first conservative leader in Chile after two decades of center-left rule
[01:01:44.000 --> 01:01:49.400]  that has consolidated the country's status as the most developed country in Latin America.
[01:01:49.400 --> 01:01:54.720]  President Bachelet left office with a record 84% approval rating even after criticisms
[01:01:54.720 --> 01:01:57.520]  of delays in government aid for victims.
[01:01:57.520 --> 01:02:01.760]  This news brief brought to you by the International News Net.
[01:02:01.760 --> 01:02:06.600]  The UN charges millions of Yemenis are starving while the international community focuses
[01:02:06.600 --> 01:02:08.520]  on tackling al-Qaeda.
[01:02:08.520 --> 01:02:14.080]  Vital food deliveries and assistance is being cut because of a near total absence of funding.
[01:02:14.080 --> 01:02:19.440]  The UN said more than 7 million people struggle daily to find enough food to live a healthy
[01:02:19.440 --> 01:02:25.240]  and productive life, leading to rates of malnutrition that are the third highest in the world.
[01:02:25.240 --> 01:02:31.480]  World Food Program Director Giancarlo Ciri said, quote, they are in a total poverty trap,
[01:02:31.480 --> 01:02:36.680]  providing most of the time they are illiterate and have no access to land or water.
[01:02:36.680 --> 01:02:44.080]  WFP estimates it will require $105 million this year and next to feed more than 3 million
[01:02:44.080 --> 01:02:50.200]  of Yemen's poor in Hungary, including 250,000 people displaced by the recent war in the
[01:02:50.200 --> 01:02:53.000]  north and boatloads of Somali refugees.
[01:02:53.000 --> 01:03:04.200]  Top of the hour news brought to you by INN World Report.
[01:03:04.200 --> 01:03:11.200]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[01:03:11.200 --> 01:03:24.080]  talk radio at its best.
[01:03:41.200 --> 01:03:54.800]  These warmongers come by that term rightly.
[01:03:54.800 --> 01:04:00.960]  We're not going to pay for their war or their fun anymore.
[01:04:00.960 --> 01:04:04.560]  Their logic is shoddy.
[01:04:04.560 --> 01:04:05.560]  They're wicked.
[01:04:05.560 --> 01:04:08.800]  We are going to your calls now.
[01:04:08.800 --> 01:04:11.040]  Guy in Arkansas.
[01:04:11.040 --> 01:04:12.040]  Guy, thanks for calling in.
[01:04:12.040 --> 01:04:13.040]  What's on your mind tonight?
[01:04:13.040 --> 01:04:14.040]  Good evening, beautiful people.
[01:04:14.040 --> 01:04:15.040]  I just want to add a...
[01:04:15.040 --> 01:04:16.040]  Wait a minute.
[01:04:16.040 --> 01:04:17.040]  Wait a minute.
[01:04:17.040 --> 01:04:18.040]  What about me and Eddie?
[01:04:18.040 --> 01:04:19.040]  Yeah, exactly.
[01:04:19.040 --> 01:04:20.040]  Well, I said people.
[01:04:20.040 --> 01:04:21.040]  I thought it was plural.
[01:04:21.040 --> 01:04:22.040]  Oh, Randy, we just thought you were talking about his size.
[01:04:22.040 --> 01:04:23.040]  You said beautiful, so I didn't think you were excluding us.
[01:04:23.040 --> 01:04:30.040]  Now, Eddie, I can really appreciate your rant.
[01:04:30.040 --> 01:04:48.040]  These are very passionate times, and I know that you don't want your good works to go
[01:04:48.040 --> 01:04:55.800]  in vain, and you really want people to stand in their own shoes and stand up for themselves.
[01:04:55.800 --> 01:05:03.440]  Of course, only secure, educated people can do that, so that's going to take a while.
[01:05:03.440 --> 01:05:13.120]  We've been so bamboozled and put into the stupid box, and boy, do I love that commercial.
[01:05:13.120 --> 01:05:16.560]  It's going to be a task, and unfortunately, there's going to be a great many people that
[01:05:16.560 --> 01:05:17.960]  will not be like The Matrix.
[01:05:17.960 --> 01:05:22.920]  They'll never be out, be able to see through it and get out of it, let alone have the faith
[01:05:22.920 --> 01:05:30.440]  and trust in their own guts to realize what the truth is and stand on that truth, do or
[01:05:30.440 --> 01:05:31.440]  die.
[01:05:31.440 --> 01:05:39.040]  So I just want to give kudos as to your passion, and as far as you making the mention that
[01:05:39.040 --> 01:05:48.100]  the legislature is actually voting for other people, that's a true fact.
[01:05:48.100 --> 01:05:51.280]  There was a YouTube video floating around for a while there.
[01:05:51.280 --> 01:05:52.280]  I don't know if it's still there.
[01:05:52.280 --> 01:05:57.480]  I know I captured it and archived it.
[01:05:57.480 --> 01:06:05.280]  I don't know what state it is, but some people were touring a legislator in process, and
[01:06:05.280 --> 01:06:12.120]  they're taking video, and sure enough, you can hear the speaker saying, okay, cast your
[01:06:12.120 --> 01:06:19.160]  votes and stuff, and on the tables, on their desk, they have buttons, okay, and there was
[01:06:19.160 --> 01:06:25.440]  probably, well, it was a small section, you can see maybe about a dozen seats in this
[01:06:25.440 --> 01:06:30.080]  video, and sure enough, there's only about four or five legislators out there.
[01:06:30.080 --> 01:06:36.680]  I don't know if it was the Senate or the House of Representatives, and this was a state thing
[01:06:36.680 --> 01:06:42.200]  going on, and sure enough, these guys are walking over, pressing buttons, turning around,
[01:06:42.200 --> 01:06:50.280]  pressing buttons with the seats empty, and indeed, it was showing that these other legislators
[01:06:50.280 --> 01:06:55.760]  were voting for their buddies and pals right next to them when they weren't even there.
[01:06:55.760 --> 01:07:01.360]  So this stuff does go on, and I just thought I'd enlighten you on that a little bit and
[01:07:01.360 --> 01:07:07.160]  turn the phone over to somebody else, and thanks a lot, folks.
[01:07:07.160 --> 01:07:08.160]  Thank you.
[01:07:08.160 --> 01:07:09.160]  Thank you, guys.
[01:07:09.160 --> 01:07:16.600]  All right, y'all ready to go to the next caller?
[01:07:16.600 --> 01:07:19.200]  You have any comments, Eddie, Randy?
[01:07:19.200 --> 01:07:22.040]  No, I'm in complete agreement with you.
[01:07:22.040 --> 01:07:23.280]  Okay, yeah, me too.
[01:07:23.280 --> 01:07:24.280]  All right, we're going to go to you.
[01:07:24.280 --> 01:07:32.240]  Yeah, I remember that video, and that was, it was really depressing seeing that, at how
[01:07:32.240 --> 01:07:38.720]  in your face and outrageous they were being, and felt like they could just do it with impunity.
[01:07:38.720 --> 01:07:45.280]  Well, they're going to do whatever they think they can get away with if we don't stop them.
[01:07:45.280 --> 01:07:47.240]  That's just all there is to it.
[01:07:47.240 --> 01:07:48.240]  They're murderers.
[01:07:48.240 --> 01:07:49.240]  They're murderers.
[01:07:49.240 --> 01:07:50.240]  They're thieves.
[01:07:50.240 --> 01:07:51.240]  They're liars.
[01:07:51.240 --> 01:07:59.080]  They're out to kill us all, to be honest, and you know, if I had heard somebody say
[01:07:59.080 --> 01:08:05.240]  something like that 10 years ago, I would have thought they were crazy conspiracy nuts,
[01:08:05.240 --> 01:08:09.000]  but it's really true, people.
[01:08:09.000 --> 01:08:15.280]  You study the history of the world in the last several hundred years, these evilest
[01:08:15.280 --> 01:08:23.200]  banksters, I mean, it's the banksters versus us, seriously, and they're controlling the
[01:08:23.200 --> 01:08:24.200]  government puppets.
[01:08:24.200 --> 01:08:32.000]  We've got to put a stop to it, because like Eddie said earlier, what's it going to take
[01:08:32.000 --> 01:08:36.440]  by the time you're on one side of the chain link fence and then they're on the other?
[01:08:36.440 --> 01:08:39.760]  Too late then, people.
[01:08:39.760 --> 01:08:41.760]  Too late shall be their cry.
[01:08:41.760 --> 01:08:47.040]  That's what our singer Pat says.
[01:08:47.040 --> 01:08:48.680]  So folks, we've got to make a stand.
[01:08:48.680 --> 01:08:49.680]  We've got to do something.
[01:08:49.680 --> 01:08:51.680]  We have to do something while we still have a chance.
[01:08:51.680 --> 01:08:52.680]  All right.
[01:08:52.680 --> 01:08:55.240]  We're going to go to Danny in Texas.
[01:08:55.240 --> 01:08:56.880]  Danny, thanks for calling in.
[01:08:56.880 --> 01:08:57.880]  What's on your mind tonight?
[01:08:57.880 --> 01:09:05.400]  Oh, well, just a little bit about Eddie talking about the Article 5, Section 17, and reining
[01:09:05.400 --> 01:09:06.400]  back a little bit.
[01:09:06.400 --> 01:09:09.920]  He's got it pretty much right, but there's two procedures provided there.
[01:09:09.920 --> 01:09:15.600]  One is information to the county court, and there, I mean, the constitutional county court,
[01:09:15.600 --> 01:09:21.400]  and then for all others, it's grand jury indictment for misdemeanor.
[01:09:21.400 --> 01:09:26.040]  So that's the only little correction there.
[01:09:26.040 --> 01:09:34.200]  But there you bring it up about the change in Article 1, Section 10, about the indictment
[01:09:34.200 --> 01:09:35.200]  required there.
[01:09:35.200 --> 01:09:41.560]  Yeah, I hadn't really noticed that before, but in Section 29, it says that everything
[01:09:41.560 --> 01:09:46.160]  in the Bill of Rights shall ever remain invalid.
[01:09:46.160 --> 01:09:52.240]  And so in light of that, that amendment to Section 10 may be unconstitutional, even though
[01:09:52.240 --> 01:09:54.360]  it was back around 1910 or whatever it was.
[01:09:54.360 --> 01:09:59.080]  I just looked it up.
[01:09:59.080 --> 01:10:05.640]  And as far as other constitutional amendments, I don't know if you can find it on the website,
[01:10:05.640 --> 01:10:14.600]  but in the published constitutions that you get, go look up some of the amendments of
[01:10:14.600 --> 01:10:18.480]  the last few years, and you'll see a little note stuck in there with it.
[01:10:18.480 --> 01:10:29.200]  You go look up that note and see what it says, it basically says something like, anyone has
[01:10:29.200 --> 01:10:35.680]  a vested right that an amendment to the Constitution doesn't affect it.
[01:10:35.680 --> 01:10:36.680]  Right.
[01:10:36.680 --> 01:10:37.840]  That's correct.
[01:10:37.840 --> 01:10:45.160]  But now, have you noticed in the 1836 version of the Texas Constitution, in that version
[01:10:45.160 --> 01:10:48.160]  of the Constitution, there was not a Bill of Rights.
[01:10:48.160 --> 01:10:54.600]  There was a Declaration of Rights, and it specifically stated that everything in the
[01:10:54.600 --> 01:11:04.440]  Bill of Rights, everything, was forever removed from the powers of government under any means
[01:11:04.440 --> 01:11:08.120]  whatsoever and could not be changed.
[01:11:08.120 --> 01:11:13.400]  Said it right in the Declaration of Rights, very first thing, it said that it could not
[01:11:13.400 --> 01:11:20.440]  be changed, basically meaning that the Declaration of Rights was never to be amended.
[01:11:20.440 --> 01:11:22.840]  They were set in stone.
[01:11:22.840 --> 01:11:24.080]  Right.
[01:11:24.080 --> 01:11:30.440]  What part of held in perpetuity is difficult to understand?
[01:11:30.440 --> 01:11:32.240]  I guess that depends on who you're asking.
[01:11:32.240 --> 01:11:37.840]  Depends on whether you're talking to an attorney or not.
[01:11:37.840 --> 01:11:38.840]  Yeah, exactly.
[01:11:38.840 --> 01:11:43.600]  Well, a perpetuity doesn't really mean perpetuity, morons.
[01:11:43.600 --> 01:11:51.200]  Yeah, I'll tell you, and you're talking about attorneys in the legislature, I've had thoughts
[01:11:51.200 --> 01:11:55.720]  about that too, and I think two things to maybe try to do.
[01:11:55.720 --> 01:12:01.560]  The first one, sort of like something Randy does, is as soon as any attorneys for the
[01:12:01.560 --> 01:12:05.160]  legislature have finished their oath of office, then start trying to have them arrested for
[01:12:05.160 --> 01:12:09.920]  violating it.
[01:12:09.920 --> 01:12:16.360]  Let me read you the first thing in the Declaration of Rights of the 1836 Texas Constitution.
[01:12:16.360 --> 01:12:20.720]  This Declaration of Rights is declared to be a part of this Constitution and shall never
[01:12:20.720 --> 01:12:24.240]  be violated on any pretense whatever.
[01:12:24.240 --> 01:12:33.000]  Now, that's pretty straightforward, plain, good old English, and it goes on to contain
[01:12:33.000 --> 01:12:38.160]  part of what's already in Section 29 of the current version of the Constitution.
[01:12:38.160 --> 01:12:43.400]  And in order to guard against the transgression of the high powers which we have delegated,
[01:12:43.400 --> 01:12:48.520]  we declare that everything in this Bill of Rights contained and every other right not
[01:12:48.520 --> 01:12:53.640]  hereby delegated is reserved to the people.
[01:12:53.640 --> 01:12:58.440]  Now, this is not difficult.
[01:12:58.440 --> 01:13:01.640]  It is not difficult at all.
[01:13:01.640 --> 01:13:10.680]  There are exactly 17 of these declarations in the original 1836 Constitution, and every
[01:13:10.680 --> 01:13:19.160]  one of them is the original grain of sand, so to speak, that the pearls of the current
[01:13:19.160 --> 01:13:25.360]  Bill of Rights are built upon.
[01:13:25.360 --> 01:13:30.620]  You'll find that each one of these in here is contained somewhere in the existing Bill
[01:13:30.620 --> 01:13:34.040]  of Rights just with the wording changed.
[01:13:34.040 --> 01:13:37.360]  Now, to me this is pretty simple.
[01:13:37.360 --> 01:13:42.840]  This says you can't violate it under any pretense whatsoever.
[01:13:42.840 --> 01:13:46.440]  That would include court decisions, would it not?
[01:13:46.440 --> 01:13:50.200]  Let's say that's not what it means.
[01:13:50.200 --> 01:13:55.360]  That would include some black-robed moron sitting in a chair going, well, the Constitution
[01:13:55.360 --> 01:13:59.800]  doesn't apply here.
[01:13:59.800 --> 01:14:06.360]  We need to bring back the rail, the tar, the feathers, and the people willing to put them
[01:14:06.360 --> 01:14:07.360]  to use.
[01:14:07.360 --> 01:14:08.360]  I'm sorry, Danny.
[01:14:08.360 --> 01:14:09.360]  Go ahead.
[01:14:09.360 --> 01:14:10.360]  Well, no.
[01:14:10.360 --> 01:14:11.360]  That's good.
[01:14:11.360 --> 01:14:23.400]  Other idea I had for the legislature is maybe get some of the legislators to raise a... I'm
[01:14:23.400 --> 01:14:30.080]  not quite sure what you call it, but basically a qualifications challenge against the attorneys
[01:14:30.080 --> 01:14:31.080]  on that basis.
[01:14:31.080 --> 01:14:35.360]  I don't know if they ever get enough to get anything done, but at least it can make a
[01:14:35.360 --> 01:14:38.720]  discussion happen if they start bringing it up.
[01:14:38.720 --> 01:14:43.800]  Yeah, that's going to be difficult when you consider the majority of them.
[01:14:43.800 --> 01:14:49.320]  I haven't taken a head count lately to see how many of the legislators actually are attorneys,
[01:14:49.320 --> 01:14:55.680]  but I know there was at one time a considerable number of them that were attorneys.
[01:14:55.680 --> 01:15:01.320]  If they were not attorneys then and there, they were being advised by attorneys who had
[01:15:01.320 --> 01:15:06.840]  their own interests at heart when they told these people what was good and what was bad
[01:15:06.840 --> 01:15:08.840]  about the bill that was being written.
[01:15:08.840 --> 01:15:09.840]  Yeah.
[01:15:09.840 --> 01:15:10.840]  Oh, yeah.
[01:15:10.840 --> 01:15:17.400]  That brings up something else that I know of through someone else who's done some research
[01:15:17.400 --> 01:15:26.640]  into that, because the State Bar Act supposedly passed 1939, and he contacted the legislative
[01:15:26.640 --> 01:15:36.280]  library to get the occupations of everybody in the House and Senate that year.
[01:15:36.280 --> 01:15:46.120]  Not quite half of the House were attorneys or law students, but 28 of 31 senators were.
[01:15:46.120 --> 01:15:53.440]  Well, it would seem like that if they followed the procedure, that if they have an interest
[01:15:53.440 --> 01:15:58.520]  in a bill to announce it to their House or remove themselves from the vote, that the
[01:15:58.520 --> 01:16:04.440]  Senate wouldn't have had a quorum to work with to vote on that particular bill.
[01:16:04.440 --> 01:16:12.120]  I think it's a big question about where it was lawfully passed in the first place.
[01:16:12.120 --> 01:16:15.120]  Yeah.
[01:16:15.120 --> 01:16:17.240]  I would go along with that.
[01:16:17.240 --> 01:16:19.280]  That is an interesting attack.
[01:16:19.280 --> 01:16:25.680]  I should look forward to that next time the bar comes up for sunset.
[01:16:25.680 --> 01:16:26.680]  Yeah.
[01:16:26.680 --> 01:16:32.560]  Well, why wait until then?
[01:16:32.560 --> 01:16:37.880]  That's the most lucrative time to go after them.
[01:16:37.880 --> 01:16:43.840]  It's an uphill battle as it is, but at least that's the time when they hold hearings and
[01:16:43.840 --> 01:16:46.920]  we get this on the Congressional record.
[01:16:46.920 --> 01:16:51.120]  Okay, Danny, do you have anything else for us?
[01:16:51.120 --> 01:16:53.800]  Because we have some other calls.
[01:16:53.800 --> 01:16:58.240]  All right, we'll be right back.
[01:16:58.240 --> 01:17:00.440]  Hello, Austin.
[01:17:00.440 --> 01:17:04.120]  My name is Harlan Dietrich, owner of Brave New Books, a local independent bookstore here
[01:17:04.120 --> 01:17:05.240]  in town.
[01:17:05.240 --> 01:17:08.880]  Many of you are familiar with the bookstore and have attended some of our events.
[01:17:08.880 --> 01:17:13.040]  We've been proud to host speakers like Alex Jones, Ron Paul, Jim Mars, Catherine Albrecht,
[01:17:13.040 --> 01:17:17.840]  Webster Tarpley, Geobert Griffin, and many other heroic figures in the patriot movement.
[01:17:17.840 --> 01:17:20.320]  But now Brave New Books needs your help.
[01:17:20.320 --> 01:17:24.080]  In order to continue to provide a space for these events and be an outlet for hard to
[01:17:24.080 --> 01:17:29.200]  find materials, we're going to need you, Austin, to help spread the word about the bookstore.
[01:17:29.200 --> 01:17:33.120]  Please tell your friends and family about the wide variety of materials we offer.
[01:17:33.120 --> 01:17:36.760]  We also have DVD duplication capabilities for all you activists.
[01:17:36.760 --> 01:17:40.680]  Also, if you haven't visited us yet, please come down and show your support.
[01:17:40.680 --> 01:17:44.920]  It is so easy to support the big corporate chain stores that do nothing to further our
[01:17:44.920 --> 01:17:45.920]  message.
[01:17:45.920 --> 01:17:47.880]  Remember, you vote with your dollars.
[01:17:47.880 --> 01:17:49.280]  We're counting on you, Austin.
[01:17:49.280 --> 01:17:56.600]  If you need any information, please call 512-480-2503 or visit us at 1904 Guadalupe Street.
[01:17:56.600 --> 01:17:57.600]  Thank you, everyone.
[01:17:57.600 --> 01:18:11.520]  Thank you.
[01:18:11.520 --> 01:18:37.720]  All right, we're going to Marshall in Washington.
[01:18:37.720 --> 01:18:39.280]  Marshall, thanks for calling in.
[01:18:39.280 --> 01:18:41.280]  What's on your mind tonight?
[01:18:41.280 --> 01:18:42.280]  Hi, it's me.
[01:18:42.280 --> 01:18:49.680]  Yeah, I'd just like a little help, and I got an example here of explaining some legal verbiage
[01:18:49.680 --> 01:18:54.680]  or I guess maybe some call rules of construction.
[01:18:54.680 --> 01:18:58.600]  My example, I expect you've all probably been there before, so it'll be easy to find, it's
[01:18:58.600 --> 01:19:13.600]  in U.S. Code Title 26, Subtitle C, Chapter 24, Section 3401, Part C, the definition of
[01:19:13.600 --> 01:19:14.600]  employee.
[01:19:14.600 --> 01:19:15.600]  Yep.
[01:19:15.600 --> 01:19:18.720]  What about her?
[01:19:18.720 --> 01:19:24.280]  And I think I know what it says, but when I go to try to explain what I think it says
[01:19:24.280 --> 01:19:30.320]  to another person, I falter, I don't have it down well enough to feel confident to explain
[01:19:30.320 --> 01:19:35.960]  it properly, and I expect you guys got this one down for me.
[01:19:35.960 --> 01:19:38.240]  What it says is pretty much straightforward.
[01:19:38.240 --> 01:19:44.560]  An employee is anyone employed in a federal government agency.
[01:19:44.560 --> 01:19:48.040]  It is a federal government employee, that's all that it covers.
[01:19:48.040 --> 01:19:53.600]  When it says doing any business, if you go look up the definition of that, business or
[01:19:53.600 --> 01:20:00.880]  occupation, you'll find very quickly that once again it deals strictly with public offices
[01:20:00.880 --> 01:20:01.880]  of the federal government.
[01:20:01.880 --> 01:20:07.920]  That doesn't have anything to do with private business, it's federal government offices.
[01:20:07.920 --> 01:20:12.160]  I would agree, and I understand that, but when I try to explain it, at least in a couple
[01:20:12.160 --> 01:20:19.880]  cases, somebody will say, I just love how they used the word you're trying to define
[01:20:19.880 --> 01:20:28.160]  within the definition, but anyway, where it talks about employee, though later basically
[01:20:28.160 --> 01:20:34.800]  it's saying it's part of a subdivision or an official of the United States, that they
[01:20:34.800 --> 01:20:40.680]  keep separating, or I'm not able to explain properly how when it says employee or elected
[01:20:40.680 --> 01:20:45.200]  official of the United States, yada, yada, that employee is specific to the follow on
[01:20:45.200 --> 01:20:50.440]  the rest of the sentence, as opposed to what most anybody else or everybody else thinks
[01:20:50.440 --> 01:20:51.680]  of when they hear the word employee.
[01:20:51.680 --> 01:21:00.440]  That's correct, it's an employee or elected official of the United States.
[01:21:00.440 --> 01:21:09.600]  And for example, I recently got a black law dictionary and I look up the word includes
[01:21:09.600 --> 01:21:12.960]  or including, and they actually don't even have it in there, maybe it's under some other
[01:21:12.960 --> 01:21:15.680]  title or section to help.
[01:21:15.680 --> 01:21:20.080]  It's because it's a word of art.
[01:21:20.080 --> 01:21:28.440]  It's a word of art, how it's used all depends upon several criteria, but there is a great
[01:21:28.440 --> 01:21:35.120]  article that discusses that, that I've got available in the seminar material, and it's
[01:21:35.120 --> 01:21:41.720]  about 50 some odd pages long, but it goes in depth discussing the use of the term includes
[01:21:41.720 --> 01:21:43.840]  in the federal tax statutes.
[01:21:43.840 --> 01:21:48.600]  It shows exactly where it's expansive and exactly where it's not, despite what they wish
[01:21:48.600 --> 01:21:49.600]  to call it.
[01:21:49.600 --> 01:21:53.360]  Is that something that's online as well, by chance, or a summary of it?
[01:21:53.360 --> 01:21:59.240]  Yes, you can find it at the Family Guardian website, just go to FAM Guardian, I believe
[01:21:59.240 --> 01:22:04.440]  it is, or FAM Guard, something like that, I don't know exactly what the website is.
[01:22:04.440 --> 01:22:05.440]  FAMGuardian.org, yeah.
[01:22:05.440 --> 01:22:11.200]  Yeah, but if you go there and look at it, that article, they have it online there, but
[01:22:11.200 --> 01:22:18.400]  it's a very good article, and it's got the case law to back it up.
[01:22:18.400 --> 01:22:23.960]  So how would you explain, Len, to a person that tries to say, well, employee means what
[01:22:23.960 --> 01:22:27.800]  we don't know it is, and then there's these other things that they try to always separate
[01:22:27.800 --> 01:22:28.800]  out that...
[01:22:28.800 --> 01:22:33.560]  Rule number one, statutory construction, any time they define a word, they are intentionally
[01:22:33.560 --> 01:22:37.800]  setting that word to mean something different than is commonly used.
[01:22:37.800 --> 01:22:39.440]  That's a rule of statutory construction.
[01:22:39.440 --> 01:22:43.560]  That's very key or important, obviously, that's a great point, I didn't really think of that
[01:22:43.560 --> 01:22:44.560]  before.
[01:22:44.560 --> 01:22:49.440]  The mere fact that they're trying to define it, or are defining it, means it must be different
[01:22:49.440 --> 01:22:51.320]  than common.
[01:22:51.320 --> 01:22:52.320]  That's correct.
[01:22:52.320 --> 01:22:57.160]  Any time there's a definition in a law, code, or statute for a word, it is being used other
[01:22:57.160 --> 01:23:02.000]  than is common, or there would be no reason to define it.
[01:23:02.000 --> 01:23:06.600]  And then the very last sentence is a little bit confusing in that it seems like it's repeating
[01:23:06.600 --> 01:23:11.520]  what it's already said, where it says that the term employee also includes an officer
[01:23:11.520 --> 01:23:15.080]  of a corporation.
[01:23:15.080 --> 01:23:17.480]  But find out what the corporations are.
[01:23:17.480 --> 01:23:22.000]  Right, well, in this case, it's...
[01:23:22.000 --> 01:23:27.120]  Is it not continuing with anything that's part or in whole federal owned?
[01:23:27.120 --> 01:23:29.760]  Yes, that's exactly what it is.
[01:23:29.760 --> 01:23:30.760]  It's a federal corporation.
[01:23:30.760 --> 01:23:34.400]  It seems like they've already basically stated that, unless they're only talking about...
[01:23:34.400 --> 01:23:36.840]  Unless they're distinguishing that separate...
[01:23:36.840 --> 01:23:37.840]  I don't know.
[01:23:37.840 --> 01:23:43.200]  You're talking about a difference between a public employee or officer of the United
[01:23:43.200 --> 01:23:50.480]  States versus a corporate officer of the United States.
[01:23:50.480 --> 01:23:53.080]  They're two different things.
[01:23:53.080 --> 01:23:55.080]  Okay.
[01:23:55.080 --> 01:24:08.120]  It's kind of frustrating how such a few words can potentially be used to, and literally
[01:24:08.120 --> 01:24:13.880]  have been, to perpetrate basically the largest financial crime in history as far as I'm concerned.
[01:24:13.880 --> 01:24:18.480]  Yes, well, that's exactly why in the days of the founding fathers, attorneys were usually
[01:24:18.480 --> 01:24:20.080]  despised individuals.
[01:24:20.080 --> 01:24:25.080]  Luckily, we did have a few good ones at the time, such as John Quincy Adams and so on
[01:24:25.080 --> 01:24:28.360]  and so forth.
[01:24:28.360 --> 01:24:34.080]  But all things considered, attorneys were generally people no one wanted to be around
[01:24:34.080 --> 01:24:35.440]  for obvious reasons.
[01:24:35.440 --> 01:24:37.640]  Now, granted, we have good attorneys.
[01:24:37.640 --> 01:24:41.920]  I'm not trying to knock them off, but that's kind of like saying that every oyster you
[01:24:41.920 --> 01:24:43.620]  find has a pearl in it.
[01:24:43.620 --> 01:24:47.080]  You only come across them once in a while, folks.
[01:24:47.080 --> 01:24:50.960]  And the quality of them varies.
[01:24:50.960 --> 01:24:52.960]  That's a good analogy, Eddie.
[01:24:52.960 --> 01:24:58.960]  Back on the FAM Guardian site as a reference, what would be a phrase or keyword that I would
[01:24:58.960 --> 01:25:00.840]  use to help find the...
[01:25:00.840 --> 01:25:01.840]  Includes or including.
[01:25:01.840 --> 01:25:02.840]  Oh, okay.
[01:25:02.840 --> 01:25:06.720]  The legal usage includes or including.
[01:25:06.720 --> 01:25:07.720]  Gotcha.
[01:25:07.720 --> 01:25:08.720]  All right.
[01:25:08.720 --> 01:25:10.920]  Well, I appreciate the help on that, Eddie.
[01:25:10.920 --> 01:25:11.920]  That's great as always.
[01:25:11.920 --> 01:25:13.160]  And that's all I had tonight.
[01:25:13.160 --> 01:25:14.160]  Thank you.
[01:25:14.160 --> 01:25:15.160]  Yes, sir.
[01:25:15.160 --> 01:25:16.160]  Thank you, Marshall.
[01:25:16.160 --> 01:25:19.160]  Be careful about getting stuff off FAM Guardian.
[01:25:19.160 --> 01:25:20.160]  Yeah.
[01:25:20.160 --> 01:25:21.160]  You...
[01:25:21.160 --> 01:25:22.920]  Don't trust everything.
[01:25:22.920 --> 01:25:25.920]  No, not that.
[01:25:25.920 --> 01:25:31.280]  I had two documents turn up on my website from FAM Guardian, and I never go there, so
[01:25:31.280 --> 01:25:33.520]  I don't know how the heck they got there.
[01:25:33.520 --> 01:25:39.560]  And I got some really ugly threatening emails from him, threatening to do all kinds of stuff
[01:25:39.560 --> 01:25:43.720]  to me because I had his copyrighted material on my website.
[01:25:43.720 --> 01:25:46.880]  Well, sorry, Bubba.
[01:25:46.880 --> 01:25:50.920]  If you made it public, I can too, as long as I don't sell it.
[01:25:50.920 --> 01:25:58.560]  But I thought he was pretty incredibly out of line with his threats over stuff he made
[01:25:58.560 --> 01:25:59.560]  public.
[01:25:59.560 --> 01:26:00.560]  I didn't understand it.
[01:26:00.560 --> 01:26:04.440]  So, be careful if you get anything off WebGuardians.
[01:26:04.440 --> 01:26:11.440]  Be careful what you do with it, or you have this guy making threats at you.
[01:26:11.440 --> 01:26:14.200]  That's my rant for the day.
[01:26:14.200 --> 01:26:15.200]  All right.
[01:26:15.200 --> 01:26:18.200]  We're going to go now to Jason in Ohio.
[01:26:18.200 --> 01:26:20.400]  Jason, thanks for calling in.
[01:26:20.400 --> 01:26:21.400]  What's on your mind tonight?
[01:26:21.400 --> 01:26:22.400]  Good evening, passionate ones.
[01:26:22.400 --> 01:26:23.400]  Oh, thank you.
[01:26:23.400 --> 01:26:24.400]  Good evening.
[01:26:24.400 --> 01:26:25.400]  Good evening.
[01:26:25.400 --> 01:26:34.880]  Now, you guys are an embodiment of the attempt to change the Texas capitol's motto to, Austin
[01:26:34.880 --> 01:26:35.880]  is the new Boston.
[01:26:35.880 --> 01:26:36.880]  Oh, really?
[01:26:36.880 --> 01:26:43.680]  I was going to say it was the new Chicago underworld.
[01:26:43.680 --> 01:26:52.960]  Anyhow, I called in with a case to get some assistance on, and then also with some commentary
[01:26:52.960 --> 01:26:57.920]  on your further or your previous, what you guys are referring to as rants.
[01:26:57.920 --> 01:27:00.040]  Yeah, you guys refer to them as rants.
[01:27:00.040 --> 01:27:03.200]  I refer to it as speaking truth.
[01:27:03.200 --> 01:27:06.000]  But which would you like first, the case or the commentary?
[01:27:06.000 --> 01:27:09.880]  Well, let's take the case, I guess.
[01:27:09.880 --> 01:27:10.960]  Okay.
[01:27:10.960 --> 01:27:15.120]  I was named a defendant in a foreclosure action.
[01:27:15.120 --> 01:27:19.320]  However, the property is something that I sold previously.
[01:27:19.320 --> 01:27:24.040]  I have no business with the bank that named me as a defendant.
[01:27:24.040 --> 01:27:28.800]  My question is, is that common in... Does that happen in Texas, or is that solely from
[01:27:28.800 --> 01:27:32.840]  an obscure statute that gives some slight limited rights to a previous owner that's
[01:27:32.840 --> 01:27:33.840]  in Ohio?
[01:27:33.840 --> 01:27:42.120]  If you no longer have an interest in the property, you wouldn't be named, which means they may
[01:27:42.120 --> 01:27:43.120]  be using old paperwork.
[01:27:43.120 --> 01:27:44.120]  That was my thinking, too.
[01:27:44.120 --> 01:27:48.440]  So the first thing you want to challenge is who they are and where they're getting their
[01:27:48.440 --> 01:27:49.760]  information from.
[01:27:49.760 --> 01:27:50.760]  Yeah.
[01:27:50.760 --> 01:27:56.560]  I put in a motion to dismiss or any alternative motion to make the plea indefinite and certain
[01:27:56.560 --> 01:28:02.240]  motion to dismiss because they didn't name... They said defendants claim an interest
[01:28:02.240 --> 01:28:04.320]  in the property, but they didn't go into specifics...
[01:28:04.320 --> 01:28:05.320]  I know.
[01:28:05.320 --> 01:28:09.520]  That's one of the more definite statements.
[01:28:09.520 --> 01:28:10.520]  I'm sorry.
[01:28:10.520 --> 01:28:11.520]  Was that ready?
[01:28:11.520 --> 01:28:13.720]  A motion for a more definite statement.
[01:28:13.720 --> 01:28:14.720]  Yeah.
[01:28:14.720 --> 01:28:15.720]  Yeah.
[01:28:15.720 --> 01:28:18.720]  Same thing.
[01:28:18.720 --> 01:28:23.720]  She granted the magistrate... The judge granted that, and so they're going to amend the complaint
[01:28:23.720 --> 01:28:25.720]  to allege specific allegations.
[01:28:25.720 --> 01:28:28.080]  Now, I don't know what they're going to come up with.
[01:28:28.080 --> 01:28:31.680]  If they can't support them, then you countersue against them.
[01:28:31.680 --> 01:28:32.680]  Yes.
[01:28:32.680 --> 01:28:33.680]  That was exactly my question.
[01:28:33.680 --> 01:28:36.680]  What would I sue for?
[01:28:36.680 --> 01:28:37.680]  Slander and libel.
[01:28:37.680 --> 01:28:38.680]  Slander and libel.
[01:28:38.680 --> 01:28:39.680]  Okay.
[01:28:39.680 --> 01:28:44.280]  Because it's a potential damage to my reputation as a good credit report.
[01:28:44.280 --> 01:28:45.280]  Yeah.
[01:28:45.280 --> 01:28:46.280]  Not to mention the public record.
[01:28:46.280 --> 01:28:47.280]  Yeah.
[01:28:47.280 --> 01:28:50.280]  Public record and your credit report.
[01:28:50.280 --> 01:28:55.520]  Would there be... Is there going to be a specific documentation I can research on slander
[01:28:55.520 --> 01:28:57.680]  and libel for defamation of public record?
[01:28:57.680 --> 01:28:58.680]  Oh, yeah.
[01:28:58.680 --> 01:28:59.680]  You're in Ohio?
[01:28:59.680 --> 01:29:00.680]  Yeah.
[01:29:00.680 --> 01:29:01.680]  Okay.
[01:29:01.680 --> 01:29:06.680]  Xquick or... What's the new name for it?
[01:29:06.680 --> 01:29:11.680]  Anyway, just search the internet for slander, libel, Ohio.
[01:29:11.680 --> 01:29:12.680]  Okay.
[01:29:12.680 --> 01:29:17.120]  You know, I've got Lexus, and I go in there looking for cases, but when I can't find the
[01:29:17.120 --> 01:29:19.160]  cases, I go out to the internet and search.
[01:29:19.160 --> 01:29:21.160]  I generally always find them.
[01:29:21.160 --> 01:29:22.160]  Okay.
[01:29:22.160 --> 01:29:24.960]  So, it's a great place to start.
[01:29:24.960 --> 01:29:25.960]  Okay.
[01:29:25.960 --> 01:29:28.560]  That'll give you good links.
[01:29:28.560 --> 01:29:33.720]  I kind of want... This is going to sound crazy, but I kind of want this fight because it allows
[01:29:33.720 --> 01:29:38.920]  me to examine all of these mortgage issues without being on the hook for them.
[01:29:38.920 --> 01:29:39.920]  You know what I mean?
[01:29:39.920 --> 01:29:40.920]  Yeah.
[01:29:40.920 --> 01:29:41.920]  That's what I was thinking.
[01:29:41.920 --> 01:29:42.920]  That'd be a fun fight to have.
[01:29:42.920 --> 01:29:43.920]  Okay.
[01:29:43.920 --> 01:29:44.920]  Listen.
[01:29:44.920 --> 01:29:45.920]  Yeah.
[01:29:45.920 --> 01:29:46.920]  Hold on.
[01:29:46.920 --> 01:29:47.920]  We're going to break.
[01:29:47.920 --> 01:29:48.920]  We've got about a half an hour left.
[01:29:48.920 --> 01:29:49.920]  Let's finish the story.
[01:29:49.920 --> 01:29:50.920]  You had a comment also.
[01:29:50.920 --> 01:29:51.920]  Then we have Dominic, Michael, and Matt.
[01:29:51.920 --> 01:29:52.920]  We'll be right back.
[01:29:52.920 --> 01:29:59.720]  We're going to go back to Jason on the other side.
[01:29:59.720 --> 01:30:02.880]  Are you the plaintiff or defendant in a lawsuit?
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[01:31:20.480 --> 01:31:22.440]  Okay, we're with Jason in Ohio.
[01:31:22.440 --> 01:31:23.440]  Go ahead, Jason.
[01:31:23.440 --> 01:31:24.440]  Okay.
[01:31:24.440 --> 01:31:30.920]  So, with my desire to kind of have a dog in this fight, in my motion, I also, for more
[01:31:30.920 --> 01:31:36.120]  definite statement, I put in there that the plaintiff should be required to produce the
[01:31:36.120 --> 01:31:42.360]  original note, and the grounds I used was that in Ohio, I wanted to try to do a first-flush
[01:31:42.360 --> 01:31:43.360]  issue.
[01:31:43.360 --> 01:31:49.040]  The courts have obviously ruled that a promissory note is a negotiable instrument, which then
[01:31:49.040 --> 01:31:51.080]  makes it their paper.
[01:31:51.080 --> 01:31:56.440]  In other words, you can transfer it simply by handing it to somebody and putting a lodge
[01:31:56.440 --> 01:32:04.560]  on it, and it would seem to me, you know, prima facie, that it's not only sufficient
[01:32:04.560 --> 01:32:09.600]  to show that they have had it transferred to them, but it would also be required to
[01:32:09.600 --> 01:32:14.800]  show that they haven't transferred it to anybody else, and what I'm finding in Ohio...
[01:32:14.800 --> 01:32:15.920]  Well, wait a minute.
[01:32:15.920 --> 01:32:18.080]  How can you prove a negative?
[01:32:18.080 --> 01:32:22.600]  How can you show that you have not transferred it to someone else?
[01:32:22.600 --> 01:32:27.200]  Because you're holding it in your grubby little palms, and you can show the document does
[01:32:27.200 --> 01:32:29.960]  not have a lodge on it, transferring it to another bank.
[01:32:29.960 --> 01:32:30.960]  No, no.
[01:32:30.960 --> 01:32:31.960]  There's another way.
[01:32:31.960 --> 01:32:33.440]  That's not exactly what I meant, but go ahead.
[01:32:33.440 --> 01:32:35.960]  You need to check this way.
[01:32:35.960 --> 01:32:41.920]  When there is a transfer of a security, it's required to be filed with the clerk of the
[01:32:41.920 --> 01:32:42.920]  county.
[01:32:42.920 --> 01:32:48.680]  If it's not filed with the clerk of the county, it's not transferred.
[01:32:48.680 --> 01:32:53.040]  But isn't that only for the mortgage though, Randy, not the note?
[01:32:53.040 --> 01:32:54.040]  That's for securities.
[01:32:54.040 --> 01:32:55.040]  Okay.
[01:32:55.040 --> 01:32:56.040]  The security...
[01:32:56.040 --> 01:32:57.040]  Okay.
[01:32:57.040 --> 01:33:08.040]  The note is the security, okay, if you have two documents, you have a lien document, sometimes
[01:33:08.040 --> 01:33:12.320]  they call a mortgage, sometimes they call a deed of trust, different states, different
[01:33:12.320 --> 01:33:13.840]  places call it different things.
[01:33:13.840 --> 01:33:18.680]  But it's a document that creates a lien, and then you have a promise to pay.
[01:33:18.680 --> 01:33:19.680]  Yes.
[01:33:19.680 --> 01:33:25.800]  The promise to pay is the security, not the lien document.
[01:33:25.800 --> 01:33:30.480]  So the uniform commercial code would be where you'd find the statute that would require
[01:33:30.480 --> 01:33:33.800]  the security instrument to be filed, because we're not talking about the mortgage, we're
[01:33:33.800 --> 01:33:34.800]  talking about the note.
[01:33:34.800 --> 01:33:39.720]  Ohio is not a trust state, it's a mortgage state.
[01:33:39.720 --> 01:33:51.360]  Yeah, well, it is the promise to pay in whatever flavor it comes in, that's the security instrument.
[01:33:51.360 --> 01:33:55.600]  Just like if I write you a check, that's a security instrument.
[01:33:55.600 --> 01:33:58.240]  In this case, it's a promissory note.
[01:33:58.240 --> 01:34:00.960]  And that's exactly what a check is.
[01:34:00.960 --> 01:34:01.960]  Exactly the same.
[01:34:01.960 --> 01:34:05.120]  And that's supposed to be what a dollar is, it's not more.
[01:34:05.120 --> 01:34:12.960]  And the promissory note is exactly the same, and it is a security and it's required to
[01:34:12.960 --> 01:34:14.800]  be filed with the county.
[01:34:14.800 --> 01:34:17.560]  This is a thing that they haven't been doing.
[01:34:17.560 --> 01:34:24.120]  They set up MERS because MERS claimed that it was archaic, cumbersome, and costly to
[01:34:24.120 --> 01:34:30.460]  file all of these sales of securities with the county.
[01:34:30.460 --> 01:34:37.840]  So they set up MERS so you could do mortgage electronic registration service.
[01:34:37.840 --> 01:34:43.240]  And the Supreme Court of Kansas agreed with them that it was archaic, costly, and cumbersome
[01:34:43.240 --> 01:34:49.500]  to file all of these securities with the county clerk.
[01:34:49.500 --> 01:34:55.360]  And they went on to instruct MERS that they'd have to take that up with the legislature.
[01:34:55.360 --> 01:35:01.280]  It's been in the law since Kansas has been a state, and until it changes, you're required
[01:35:01.280 --> 01:35:03.120]  to do it.
[01:35:03.120 --> 01:35:04.120]  They're not doing it.
[01:35:04.120 --> 01:35:09.240]  I just read an article today about how these mortgage companies are scrambling to try to
[01:35:09.240 --> 01:35:16.560]  get their securities filed with the clerks because the courts are ruling that they don't
[01:35:16.560 --> 01:35:19.200]  exist.
[01:35:19.200 --> 01:35:24.060]  And they're finding that they're backdating filings and pulling all kinds of shenanigans
[01:35:24.060 --> 01:35:29.400]  trying to cover themselves for not bothering to file a law.
[01:35:29.400 --> 01:35:35.400]  So that's one place you could look to see if it's been transferred because if you go
[01:35:35.400 --> 01:35:41.760]  to the public record and you don't find a transfer of the security, that's a reasonable
[01:35:41.760 --> 01:35:43.680]  cause to believe it hasn't been transferred.
[01:35:43.680 --> 01:35:50.140]  And if it has been transferred and hasn't been filed there, they haven't met the requirements
[01:35:50.140 --> 01:35:51.760]  of law.
[01:35:51.760 --> 01:35:54.360]  That's fact-jacked.
[01:35:54.360 --> 01:35:58.760]  I'm sorry, what was that?
[01:35:58.760 --> 01:35:59.760]  I said that's the fact-jacked.
[01:35:59.760 --> 01:36:02.880]  That's my story, and I'm sticking to it.
[01:36:02.880 --> 01:36:07.120]  When you're talking about landmark, though, was not landmark specifically referring, though,
[01:36:07.120 --> 01:36:14.000]  to the problem where the lender attempts to sell the note but not bothers to transfer
[01:36:14.000 --> 01:36:15.000]  the mortgage?
[01:36:15.000 --> 01:36:17.800]  Because the mortgage is what's expensive because it's several pages long.
[01:36:17.800 --> 01:36:20.120]  The note's just a page and a half.
[01:36:20.120 --> 01:36:22.520]  What are you calling a mortgage?
[01:36:22.520 --> 01:36:26.920]  The mortgage is the lien, the lien document that gets filed.
[01:36:26.920 --> 01:36:36.120]  That's what it's about, and what landmark said was they have to file the security with
[01:36:36.120 --> 01:36:37.120]  the clerk.
[01:36:37.120 --> 01:36:42.800]  They didn't care so much about the lien, the question there wasn't about the lien so much
[01:36:42.800 --> 01:36:46.920]  as it was a question about the security instrument.
[01:36:46.920 --> 01:36:58.640]  They knew who held the lien, but what landmark said was this lender made the loan, created
[01:36:58.640 --> 01:37:07.040]  a promissory note that the lender purchased the property from the seller and then gave
[01:37:07.040 --> 01:37:12.280]  title to the borrower or to the purchaser.
[01:37:12.280 --> 01:37:18.960]  In return for the title, they received a promise to pay and a lien against the property to
[01:37:18.960 --> 01:37:21.680]  enforce the promise to pay.
[01:37:21.680 --> 01:37:28.640]  Then they immediately sold the promise to pay and received consideration.
[01:37:28.640 --> 01:37:34.520]  What landmark said was when they do that and don't transfer the lien document with the
[01:37:34.520 --> 01:37:38.520]  promise to pay, they create a fatal flaw.
[01:37:38.520 --> 01:37:45.320]  The lender holds the promise to pay, but he can't express it because he can't be harmed.
[01:37:45.320 --> 01:37:52.120]  He received consideration for the promissory note in excess of the value of the lien.
[01:37:52.120 --> 01:37:56.400]  It's impossible for him to be harmed by failure to pay.
[01:37:56.400 --> 01:38:01.320]  The holder of the security on the other hand, if it can be proved who is the holder of the
[01:38:01.320 --> 01:38:05.680]  security, the only way they can do that is if the sale of security is filed with the
[01:38:05.680 --> 01:38:08.960]  clerk of the court.
[01:38:08.960 --> 01:38:15.480]  He on the other hand has a claim against the signer of the promissory note, but he has
[01:38:15.480 --> 01:38:19.760]  no claim against the property.
[01:38:19.760 --> 01:38:26.640]  The whole thing about MERS, MERS was trying to intervene and they asked MERS, who are
[01:38:26.640 --> 01:38:27.640]  you?
[01:38:27.640 --> 01:38:31.400]  They said, well, we're the nominee for the lender.
[01:38:31.400 --> 01:38:34.480]  The court said, we don't know what a nominee is.
[01:38:34.480 --> 01:38:40.860]  Did you just make that term up and threw them out?
[01:38:40.860 --> 01:38:45.160]  That if somebody wants to represent the lender, it has to be the lender, not someone who makes
[01:38:45.160 --> 01:38:48.000]  up this term and says, I'm a nominee.
[01:38:48.000 --> 01:38:49.500]  They didn't know what it was.
[01:38:49.500 --> 01:38:54.440]  They didn't have power of attorney for the lender.
[01:38:54.440 --> 01:38:58.000]  I mean, for the holder of security, because they really didn't know who the holder of
[01:38:58.000 --> 01:39:04.800]  security was, because they didn't have the original security.
[01:39:04.800 --> 01:39:12.160]  They did have evidence that the original security existed in the form of a photocopy, but they
[01:39:12.160 --> 01:39:16.080]  didn't have the original security and they're not going to have it because MERS shredded
[01:39:16.080 --> 01:39:17.080]  it.
[01:39:17.080 --> 01:39:22.040]  But when you're talking about security though, they think you're...
[01:39:22.040 --> 01:39:27.280]  They scanned it in their system and then shredded the originals because it was too costly and
[01:39:27.280 --> 01:39:33.240]  cumbersome to maintain all that paper.
[01:39:33.240 --> 01:39:36.520]  And now that's coming back to haunt them.
[01:39:36.520 --> 01:39:39.600]  They registered these securities with MERS.
[01:39:39.600 --> 01:39:48.560]  Now, if you go to MERS website, they'll be very quick to tell you who your servicer is.
[01:39:48.560 --> 01:39:52.560]  But it's not the servicer who's required to be made public, it's the holder of the security
[01:39:52.560 --> 01:39:57.720]  instrument that you can't find on MERS website.
[01:39:57.720 --> 01:40:04.480]  So if registering with MERS was intended to take the place of making the document public
[01:40:04.480 --> 01:40:12.020]  by registering with a clerk of the court, they didn't get the job done because it's not public.
[01:40:12.020 --> 01:40:21.120]  So the security has not been registered in the public domain like it's required to be.
[01:40:21.120 --> 01:40:25.680]  Does that make sense?
[01:40:25.680 --> 01:40:26.680]  It does.
[01:40:26.680 --> 01:40:30.440]  I was mistaking when you had said security, I thought you were referring to the promissory
[01:40:30.440 --> 01:40:32.040]  note, but you're referring to the mortgage.
[01:40:32.040 --> 01:40:34.960]  I am referring to the promissory note.
[01:40:34.960 --> 01:40:36.760]  That is the security instrument.
[01:40:36.760 --> 01:40:37.760]  Okay.
[01:40:37.760 --> 01:40:43.720]  Because then you and I disagree about what Landmark says because Landmark was dealing
[01:40:43.720 --> 01:40:46.600]  with the mortgage being split from the note.
[01:40:46.600 --> 01:40:47.840]  Yes.
[01:40:47.840 --> 01:40:52.520]  And once the mortgage is split, the note itself...
[01:40:52.520 --> 01:40:55.440]  Then you're calling the mortgage the lien document.
[01:40:55.440 --> 01:40:56.960]  I'm sorry?
[01:40:56.960 --> 01:41:01.440]  Then you're calling the mortgage the lien document is what you're calling the mortgage.
[01:41:01.440 --> 01:41:02.440]  That's correct.
[01:41:02.440 --> 01:41:03.440]  In Ohio, it's the mortgage.
[01:41:03.440 --> 01:41:05.360]  I think Texas might be a deed of trust state.
[01:41:05.360 --> 01:41:06.360]  Yeah.
[01:41:06.360 --> 01:41:07.960]  We're saying the same thing.
[01:41:07.960 --> 01:41:09.120]  Right.
[01:41:09.120 --> 01:41:11.600]  You're calling the lien document a mortgage.
[01:41:11.600 --> 01:41:15.360]  I'm just calling it a lien document and then there's a promise to pay.
[01:41:15.360 --> 01:41:18.040]  The promise to pay is the...
[01:41:18.040 --> 01:41:23.520]  That's the instrument that gets converted to a security.
[01:41:23.520 --> 01:41:25.720]  And then sold back and forth between the banks.
[01:41:25.720 --> 01:41:26.720]  I'm with you on that.
[01:41:26.720 --> 01:41:27.720]  Exactly.
[01:41:27.720 --> 01:41:36.280]  What the Ohio courts have ruled, and I'm not quite sure if you're familiar, are you aware
[01:41:36.280 --> 01:41:43.480]  that Landmark was somewhat very slightly distinguished recently by a case, I think it's called Kessler?
[01:41:43.480 --> 01:41:48.040]  Yeah, Kessler Boyd.
[01:41:48.040 --> 01:41:49.640]  I think it was a Cincinnati...
[01:41:49.640 --> 01:41:51.840]  I think it's Boyd v. Kessler.
[01:41:51.840 --> 01:41:52.840]  Okay.
[01:41:52.840 --> 01:41:57.520]  Where they said, you know, oh, no, no, guys, that was just the second mortgage situation.
[01:41:57.520 --> 01:42:02.720]  It doesn't really apply as globally as you're trying to make it.
[01:42:02.720 --> 01:42:13.360]  And anyway, in the case, what Ohio has ruled is that if at the time of filing the complaint,
[01:42:13.360 --> 01:42:21.880]  the lender or the one, I'm sorry, the plaintiff can prove conclusively that they are the holder
[01:42:21.880 --> 01:42:26.280]  of both the note and the lien instrument or the security and the lien instrument to get
[01:42:26.280 --> 01:42:29.280]  our terms straight, then it can proceed.
[01:42:29.280 --> 01:42:36.280]  Now, they've even gone so far when someone has demanded the original and the bank has
[01:42:36.280 --> 01:42:41.920]  said, no, no, we don't have it, they submit then an affidavit because there's something
[01:42:41.920 --> 01:42:48.360]  in our rules of evidence in Ohio that says that an affidavit can overcome the loss of
[01:42:48.360 --> 01:42:54.680]  an original if it attests the firsthand knowledge of seeing it at one point and also that it
[01:42:54.680 --> 01:42:58.240]  was destroyed.
[01:42:58.240 --> 01:43:03.360]  I have seen some case law on that, but it was ambiguous and there's conflicting case
[01:43:03.360 --> 01:43:04.360]  law on that.
[01:43:04.360 --> 01:43:10.680]  That's not an issue that's settled, at least so far from what I have found.
[01:43:10.680 --> 01:43:15.960]  Yeah, the courts in Ohio are all pretty consistent on that, but you're saying maybe if it gets
[01:43:15.960 --> 01:43:19.120]  into a federal jurisdiction, it would be a different story.
[01:43:19.120 --> 01:43:27.000]  This would be, the problem they're having is there's a requirement to file that security
[01:43:27.000 --> 01:43:32.720]  instrument with the clerk of the court and make it public.
[01:43:32.720 --> 01:43:33.720]  It's not there.
[01:43:33.720 --> 01:43:45.040]  Listen guys, listen guys, we're going to break, we have four other callers on the line.
[01:43:45.040 --> 01:43:49.200]  We only have one segment left, is there any way that we could continue this discussion
[01:43:49.200 --> 01:43:50.200]  on Thursday?
[01:43:50.200 --> 01:43:52.720]  Yeah, I want to talk about this final thing.
[01:43:52.720 --> 01:43:59.520]  Okay, all right, great, we'll be right back, we'll be right back on the other side.
[01:43:59.520 --> 01:44:04.080]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
[01:44:04.080 --> 01:44:08.320]  Stop debt collectors now with the Michael Mears Proven Method.
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[01:44:18.440 --> 01:44:24.240]  civil rights statutes, what to do when contacted by phone, mail or court summons, how to answer
[01:44:24.240 --> 01:44:28.880]  letters and phone calls, how to get debt collectors out of your credit report, how to turn your
[01:44:28.880 --> 01:44:33.080]  financial tables on them and make them pay you to go away.
[01:44:33.080 --> 01:44:38.200]  The Michael Mears Proven Method is the solution for how to stop debt collectors.
[01:44:38.200 --> 01:44:40.160]  Personal consultation is available as well.
[01:44:40.160 --> 01:44:45.880]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[01:44:45.880 --> 01:44:48.880]  or email michaelmears at yahoo.com.
[01:44:48.880 --> 01:44:57.880]  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
[01:44:57.880 --> 01:45:24.880]  collectors now.
[01:45:24.880 --> 01:45:28.880]  Okay we are back.
[01:45:28.880 --> 01:45:29.880]  We're going to have to blaze through your calls here.
[01:45:29.880 --> 01:45:32.880]  We've got four calls left, final segment.
[01:45:32.880 --> 01:45:35.880]  We're going to go to Dominic in Texas.
[01:45:35.880 --> 01:45:37.880]  Dominic, thanks for calling in.
[01:45:37.880 --> 01:45:38.880]  What's on your mind tonight?
[01:45:38.880 --> 01:45:39.880]  Hi.
[01:45:39.880 --> 01:45:40.880]  Good evening.
[01:45:40.880 --> 01:45:41.880]  This is not Dominic.
[01:45:41.880 --> 01:45:43.880]  This is Catalina, Dominic's wife.
[01:45:43.880 --> 01:45:44.880]  Oh hello.
[01:45:44.880 --> 01:45:45.880]  I'm sorry.
[01:45:45.880 --> 01:45:46.880]  We don't have a call screener tonight.
[01:45:46.880 --> 01:45:47.880]  That's fine.
[01:45:47.880 --> 01:45:53.880]  I just wanted to know your opinion and I wanted to know what you think about my brother's case.
[01:45:53.880 --> 01:45:55.880]  I wrote everything down.
[01:45:55.880 --> 01:46:00.880]  This is my first time calling, so I'll be a little bit nervous.
[01:46:00.880 --> 01:46:06.880]  On August 27th, 2009, a collection agency filed a suit.
[01:46:06.880 --> 01:46:15.880]  The answer was not due on November, I'm sorry, the answer was due on November 2nd, 2009,
[01:46:15.880 --> 01:46:21.880]  as the answer in motion to dismiss was filed to the court having no subject matters jurisdiction.
[01:46:21.880 --> 01:46:24.880]  Nothing else was heard until now.
[01:46:24.880 --> 01:46:32.880]  We found out that on February 22nd, 2010, the court granted the collection agency a default judgment.
[01:46:32.880 --> 01:46:37.880]  And Dominic says this is what he would do.
[01:46:37.880 --> 01:46:43.880]  Motion to vacate the judgment due to the court never having subject matter jurisdiction.
[01:46:43.880 --> 01:46:48.880]  The attorney committed fraud on the court by leading them to disbelief.
[01:46:48.880 --> 01:46:58.880]  The second will be filed a bar grievance on the attorney for committing fraud on the court.
[01:46:58.880 --> 01:47:05.880]  Third will be filed a judicial conduct complaint on the judge for making and granting a judgment on a case
[01:47:05.880 --> 01:47:12.880]  after being informed that the court didn't have subject matter jurisdiction.
[01:47:12.880 --> 01:47:19.880]  The third will be advised the judge that the attorney has committed fraud on the court
[01:47:19.880 --> 01:47:23.880]  and move the court to hold the attorney in contempt.
[01:47:23.880 --> 01:47:25.880]  So if the judge does nothing...
[01:47:25.880 --> 01:47:30.880]  I suggest that you file a suit against the judge.
[01:47:30.880 --> 01:47:32.880]  Against the judge, straight to the judge?
[01:47:32.880 --> 01:47:40.880]  Yeah, just file a cross-complaint in the action against the judge.
[01:47:40.880 --> 01:47:44.880]  If they lack subject matter jurisdiction, once you challenge it,
[01:47:44.880 --> 01:47:51.880]  the judge has no discretion to move ahead unless there's clear proof of jurisdiction.
[01:47:51.880 --> 01:47:56.880]  The only time you can sue a judge is when he has no jurisdiction.
[01:47:56.880 --> 01:47:59.880]  So he opened himself up.
[01:47:59.880 --> 01:48:01.880]  Okay.
[01:48:01.880 --> 01:48:06.880]  Cross-complaint against him, that'll get his attention really fast.
[01:48:06.880 --> 01:48:07.880]  That sounds pretty good.
[01:48:07.880 --> 01:48:11.880]  Well, thank you so much for listening and I know we don't have much time,
[01:48:11.880 --> 01:48:15.880]  but thank you and I hope I'll talk to you later.
[01:48:15.880 --> 01:48:16.880]  All right.
[01:48:16.880 --> 01:48:17.880]  Thank you.
[01:48:17.880 --> 01:48:20.880]  You sound a lot better than Dominic.
[01:48:20.880 --> 01:48:21.880]  Thank you.
[01:48:21.880 --> 01:48:22.880]  Bye-bye.
[01:48:22.880 --> 01:48:23.880]  All right.
[01:48:23.880 --> 01:48:24.880]  Thank you.
[01:48:24.880 --> 01:48:25.880]  Okay.
[01:48:25.880 --> 01:48:27.880]  We're going to go now to Todd in Illinois.
[01:48:27.880 --> 01:48:28.880]  Todd, thanks for calling in.
[01:48:28.880 --> 01:48:30.880]  What's on your mind tonight?
[01:48:30.880 --> 01:48:31.880]  Good evening.
[01:48:31.880 --> 01:48:34.880]  I've been working on something for about seven years
[01:48:34.880 --> 01:48:41.880]  and I just recently found out that a very extreme-edged family member
[01:48:41.880 --> 01:48:45.880]  who is a retired law enforcement person in the community
[01:48:45.880 --> 01:48:52.880]  has conspired with my former spouse on issues relating to a situation
[01:48:52.880 --> 01:48:57.880]  that this former law enforcement person was involved in with my mother
[01:48:57.880 --> 01:49:04.880]  and they have together the law enforcement person and his wife hired an attorney
[01:49:04.880 --> 01:49:09.880]  that they paid for to represent my wife in our custody situation
[01:49:09.880 --> 01:49:11.880]  and I've just found this out in the last couple of days
[01:49:11.880 --> 01:49:15.880]  and we've been student over what to do and tonight while we were at dinner
[01:49:15.880 --> 01:49:21.880]  we saw the attorney that was hired, the law enforcement family member
[01:49:21.880 --> 01:49:28.880]  and the local sheriff all having dinner together at the same location
[01:49:28.880 --> 01:49:33.880]  and what I'm after is ultimately I'm after the custody of my two sons
[01:49:33.880 --> 01:49:38.880]  and I have sent you an email outlining a little bit of this in better detail.
[01:49:38.880 --> 01:49:42.880]  I wasn't expecting to get right on your show tonight so I'm a little unprepared
[01:49:42.880 --> 01:49:47.880]  but I'm kind of curious as to where I can go or who I can...
[01:49:47.880 --> 01:49:54.880]  because I'm going through your series that you had when you were on with Mr. Jones
[01:49:54.880 --> 01:49:56.880]  and I've only gotten through the second video
[01:49:56.880 --> 01:50:03.880]  because like I said your name just came across my table here in the last week or so.
[01:50:03.880 --> 01:50:12.880]  Well, as far as this attorney and the family members and the sheriff having dinner,
[01:50:12.880 --> 01:50:15.880]  not a problem, nothing you can do about that.
[01:50:15.880 --> 01:50:19.880]  If it was a judge there could be some question but not the sheriff.
[01:50:19.880 --> 01:50:26.880]  The sheriff has no adjudicatory powers so he can pretty well associate with anyone he wants to.
[01:50:26.880 --> 01:50:33.880]  We have another person who's involved in this who had a conversation with the attorney
[01:50:33.880 --> 01:50:37.880]  and at the time the attorney thought that the other gentleman was an attorney
[01:50:37.880 --> 01:50:42.880]  and he told him that the judge and he had worked it out
[01:50:42.880 --> 01:50:48.880]  so that I would soon be out of the picture and my sons would not see me again.
[01:50:48.880 --> 01:50:52.880]  Ooh, that's a big deal.
[01:50:52.880 --> 01:50:54.880]  You need to move to disqualify the judge.
[01:50:54.880 --> 01:51:00.880]  I did and they refused saying that I didn't have enough evidence.
[01:51:00.880 --> 01:51:01.880]  Who refused?
[01:51:01.880 --> 01:51:06.880]  The attorney in question to testify and he was not...
[01:51:06.880 --> 01:51:08.880]  Wait, you're in Illinois?
[01:51:08.880 --> 01:51:09.880]  Yes, sir.
[01:51:09.880 --> 01:51:12.880]  Oh, okay.
[01:51:12.880 --> 01:51:16.880]  What is the statute on disqualification?
[01:51:16.880 --> 01:51:21.880]  Because in most states a judge cannot rule on his own disqualification.
[01:51:21.880 --> 01:51:23.880]  He wasn't...they did.
[01:51:23.880 --> 01:51:29.880]  They moved it to a different judge so they covered themselves there.
[01:51:29.880 --> 01:51:34.880]  But the other judge would not disqualify the judge or the attorney based on the information that we have
[01:51:34.880 --> 01:51:40.880]  and we actually had the gentleman who had the conversation with the lawyer come in
[01:51:40.880 --> 01:51:44.880]  and testify as to what was specifically in the conversation
[01:51:44.880 --> 01:51:47.880]  and they still wouldn't disqualify him.
[01:51:47.880 --> 01:51:51.880]  Okay, did you file a bar grievance against the attorney?
[01:51:51.880 --> 01:51:53.880]  I'm sorry, I didn't hear you.
[01:51:53.880 --> 01:51:56.880]  Did you file a bar grievance against the attorney?
[01:51:56.880 --> 01:52:06.880]  With the ARDC, which is the attorney disciplinary committee here in Illinois.
[01:52:06.880 --> 01:52:07.880]  Good.
[01:52:07.880 --> 01:52:09.880]  Now you need to...
[01:52:09.880 --> 01:52:14.880]  Okay, are you in a family civil matter?
[01:52:14.880 --> 01:52:21.880]  You might want to consider a malpractice suit against the opposing counsel.
[01:52:21.880 --> 01:52:24.880]  Okay, on what grounds?
[01:52:24.880 --> 01:52:32.880]  On the grounds that he violated the canons of ethics and created a court against you in the process.
[01:52:32.880 --> 01:52:37.880]  Yeah, conspired with the judge comes to mind.
[01:52:37.880 --> 01:52:45.880]  He's required...he owes the fiduciary duty to you as an officer of the court.
[01:52:45.880 --> 01:52:50.880]  And to have an ex parte hearing with the judge to conspire to deny you and your rights,
[01:52:50.880 --> 01:52:54.880]  that pretty well goes to federal.
[01:52:54.880 --> 01:52:59.880]  Well, they're after me because I filed in federal court right after all this happened.
[01:52:59.880 --> 01:53:02.880]  This original action was filed in Texas.
[01:53:02.880 --> 01:53:08.880]  I was married in Brassus County, as a matter of fact on the football stadium field at Texas A&M,
[01:53:08.880 --> 01:53:11.880]  and she ran off seven months pregnant.
[01:53:11.880 --> 01:53:15.880]  She came back ten days after my son was born,
[01:53:15.880 --> 01:53:19.880]  and we were pregnant a second time about six months later
[01:53:19.880 --> 01:53:23.880]  and 30 days after the birth of my second son in August of 2003, she left again.
[01:53:23.880 --> 01:53:26.880]  Again, there's nothing going on in the house.
[01:53:26.880 --> 01:53:31.880]  There's no...and even if there were, for argument's sake, there's no police reports.
[01:53:31.880 --> 01:53:36.880]  There's nothing that indicates that there was anything unreasonable going on in our marriage.
[01:53:36.880 --> 01:53:42.880]  This is just a person who goes in and out of people's lives, and she's on to her fourth victim,
[01:53:42.880 --> 01:53:46.880]  and she's done exactly the same thing and left this guy just a couple of weeks ago.
[01:53:46.880 --> 01:53:52.880]  I know it's getting a little off track, but I filed for the divorce in Brassus County,
[01:53:52.880 --> 01:54:00.880]  and they hijacked the case to Sangamon County because that's where she ended up residing.
[01:54:00.880 --> 01:54:06.880]  So I've always wondered how I didn't have a say in where it...
[01:54:06.880 --> 01:54:10.880]  You filed...when someone is filed against,
[01:54:10.880 --> 01:54:16.880]  they have a right to be filed against in the county where they live.
[01:54:16.880 --> 01:54:22.880]  That's one of the few rights the defendant has.
[01:54:22.880 --> 01:54:28.880]  And if there were children involved at the time that were like already enrolled in school
[01:54:28.880 --> 01:54:31.880]  or had some kind of established life...
[01:54:31.880 --> 01:54:39.880]  No, there were maybe one month old and 15 months old.
[01:54:39.880 --> 01:54:44.880]  Oh, so, yeah, but still she has a right to be sued in the county where she lives.
[01:54:44.880 --> 01:54:47.880]  And she had custody of the children at the time.
[01:54:47.880 --> 01:54:52.880]  I mean, she at least...even if it wasn't on paper...
[01:54:52.880 --> 01:54:54.880]  Well, no, that's abandonment.
[01:54:54.880 --> 01:54:58.880]  The father still sets the household.
[01:54:58.880 --> 01:55:03.880]  Well, what I'm saying is that if she had the children and she was residing somewhere,
[01:55:03.880 --> 01:55:10.880]  it would be a burden on her to take those two little babies and have to deal with going to court
[01:55:10.880 --> 01:55:13.880]  in another county or somewhere else far away.
[01:55:13.880 --> 01:55:18.880]  So that's another reason why the court would let the venue be where she is.
[01:55:18.880 --> 01:55:19.880]  Okay.
[01:55:19.880 --> 01:55:21.880]  Technically, she has a right to be sued in the county she lives.
[01:55:21.880 --> 01:55:26.880]  That would be hard to get around even without the other conditions.
[01:55:26.880 --> 01:55:29.880]  So that one, you can't get past.
[01:55:29.880 --> 01:55:31.880]  But this stuff of conspiring with the judge...
[01:55:31.880 --> 01:55:34.880]  Wait a minute.
[01:55:34.880 --> 01:55:37.880]  I thought you were in Texas.
[01:55:37.880 --> 01:55:39.880]  How did it get to Illinois?
[01:55:39.880 --> 01:55:46.880]  Because we were...this is where she ran to when the kids...
[01:55:46.880 --> 01:55:49.880]  You should be able to bring it back to Texas.
[01:55:49.880 --> 01:55:51.880]  Well, yeah, that's what I was hoping.
[01:55:51.880 --> 01:55:54.880]  But the two judges, you know, quote, got together from Illinois and Texas
[01:55:54.880 --> 01:55:56.880]  and they decided it was going to take place here,
[01:55:56.880 --> 01:56:01.880]  which removed me from the plaintiff's position and put me into the defendant's position
[01:56:01.880 --> 01:56:05.880]  because she filed a second set of documents saying that there were no documents
[01:56:05.880 --> 01:56:13.880]  in any other state or jurisdiction that she was aware of.
[01:56:13.880 --> 01:56:15.880]  And she clearly was.
[01:56:15.880 --> 01:56:17.880]  Correct.
[01:56:17.880 --> 01:56:23.880]  She sat in Larry Catlin's office in Bryan College Station and he read her the riot act.
[01:56:23.880 --> 01:56:32.880]  So did you file perjury against her for the...or tamper with the government document for the filing?
[01:56:32.880 --> 01:56:33.880]  No, I did not.
[01:56:33.880 --> 01:56:38.880]  It was brought up in the courts and the judge said in Illinois that the judge in Texas
[01:56:38.880 --> 01:56:44.880]  and the judge in Illinois, which were not the same judge that ended up being over the family case,
[01:56:44.880 --> 01:56:48.880]  had a conversation and they determined that this is where things were going to take place.
[01:56:48.880 --> 01:56:53.880]  And I said, so it doesn't matter that she has misinformed the court
[01:56:53.880 --> 01:56:57.880]  as to the fact that there was another document already in another location?
[01:56:57.880 --> 01:57:00.880]  And he said, no, that doesn't matter.
[01:57:00.880 --> 01:57:02.880]  He lied.
[01:57:02.880 --> 01:57:05.880]  That's the first, right?
[01:57:05.880 --> 01:57:07.880]  Well, the courts are corrupt.
[01:57:07.880 --> 01:57:11.880]  I mean, you just have to...that's one thing we have to deal with.
[01:57:11.880 --> 01:57:14.880]  And we try hard to deal with the corruption.
[01:57:14.880 --> 01:57:19.880]  And I would suggest you just beat the judge up every way from Sunday, but your kids are involved.
[01:57:19.880 --> 01:57:23.880]  So it's hard to determine what to do.
[01:57:23.880 --> 01:57:28.880]  If in a perfect world we wouldn't have these problems, but this world is not a perfect world.
[01:57:28.880 --> 01:57:34.880]  I filed a federal suit against the four of the judges involved in this,
[01:57:34.880 --> 01:57:37.880]  three law firms up here, countless other folks.
[01:57:37.880 --> 01:57:39.880]  And now they have been after me ever since.
[01:57:39.880 --> 01:57:45.880]  I was on vacation just coming up on four summers ago now in Houston with family and friends.
[01:57:45.880 --> 01:57:52.880]  And I was arrested for kidnapping my son while we were on vacation.
[01:57:52.880 --> 01:57:57.880]  And she was aware of where we were and said that she had no idea where I was.
[01:57:57.880 --> 01:57:59.880]  And they had a three-week investigation.
[01:57:59.880 --> 01:58:05.880]  And two U.S. Marshals knocked on the door and encouraged me.
[01:58:05.880 --> 01:58:09.880]  You need to file...you know, this gets into filing back and forth.
[01:58:09.880 --> 01:58:13.880]  It gets real contentious and it will bury you.
[01:58:13.880 --> 01:58:17.880]  Listen, I know this is extreme.
[01:58:17.880 --> 01:58:20.880]  I'm so sorry you're going through this, Todd.
[01:58:20.880 --> 01:58:22.880]  We're praying for you.
[01:58:22.880 --> 01:58:26.880]  Ken, Michael, Matt, I'm sorry we didn't have time for your calls.
[01:58:26.880 --> 01:58:29.880]  We will be back on Thursday evening.
[01:58:29.880 --> 01:58:34.880]  If y'all would please call back in on Thursday, we'll take your calls then.
[01:58:34.880 --> 01:58:39.880]  This is the Rule of Law, Randy, Eddie, and Deborah.
[01:58:39.880 --> 01:58:59.880]  We'll see y'all on Thursday.
[01:58:59.880 --> 01:59:03.880]  My name is Randall Kelton and I co-host on Rule of Law Radio.
[01:59:03.880 --> 01:59:08.880]  We specialize in showing people how to strike back against corrupt public officials.
[01:59:08.880 --> 01:59:10.880]  With the mortgage crisis worsening,
[01:59:10.880 --> 01:59:14.880]  we set our sights on finding a remedy for people who have been cheated by their lenders.
[01:59:14.880 --> 01:59:19.880]  If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.
[01:59:19.880 --> 01:59:21.880]  But there is a remedy.
[01:59:21.880 --> 01:59:29.880]  Go to remediesinrealestate.com or call me at 512-430-4140
[01:59:29.880 --> 01:59:34.880]  to find out how to use the consumer protection laws to recover what the lenders have stolen
[01:59:34.880 --> 01:59:36.880]  through fraud and deception.
[01:59:36.880 --> 01:59:40.880]  We will prepare for you a qualified written request that will expose the fraud
[01:59:40.880 --> 01:59:42.880]  and put the lenders on the dime.
[01:59:42.880 --> 01:59:47.880]  Lender fraud is bankrupting this country and it's time to fight back.
[01:59:47.880 --> 01:59:54.880]  Go to remediesinrealestate.com or call 512-430-4140
[01:59:54.880 --> 01:59:59.880]  to get the information you need to stop the money changers in their tracks.