[00:00.000 --> 00:15.000]  You're listening to the Liberty Beat, your daily source for Liberty news and activist updates, online at thelibertybeat.com.
[00:15.000 --> 00:17.000]  This is Justin Armand.
[00:17.000 --> 00:19.000]  And this is Jessica Armand.
[00:19.000 --> 00:23.000]  Here with your Liberty Beat for Thursday, September 26, 2013.
[00:23.000 --> 00:34.000]  Gold opens today at $1,333, silver at $21.82, and Bitcoin is trading at $124.40.
[00:34.000 --> 00:38.000]  Support for the Liberty Beat comes from Parents for Liberty.
[00:38.000 --> 00:43.000]  They're having a $5 money bomb today, which is the last day of their Indiegogo fundraiser.
[00:43.000 --> 00:49.000]  If you support Education Liberty, please donate today at parentsforliberty.org.
[00:49.000 --> 00:51.000]  And now the news.
[00:51.000 --> 01:00.000]  The Obama administration has revealed that average cost of an insurance premium for Americans using a mid-tier health insurance plan will be $328,
[01:00.000 --> 01:08.000]  with claimed opportunities to use government subsidies to lower the price.
[01:08.000 --> 01:18.000]  A new study published in the journal Clinical Neurophysiology has shown an increase in brain activity related to short-term use of 4G cell phone technology.
[01:18.000 --> 01:26.000]  The researchers employed a double-blind, crossover, randomized, and counterbalanced design to eliminate any possible bias in the study.
[01:26.000 --> 01:31.000]  They exposed the right ear of 18 participants to cell phone radiation for 30 minutes
[01:31.000 --> 01:40.000]  and found that not only does LTE exposure affect neural activity in the region closest to the cell phone, but in the remote region as well.
[01:40.000 --> 01:46.000]  There is considerable evidence that long-term cell phone use is associated with various health risks,
[01:46.000 --> 01:54.000]  including increased risk of head and neck cancer, sperm damage, and reproductive health consequences in offspring.
[01:54.000 --> 01:58.000]  Cell phone users, especially pregnant women and children, should limit their cell phone use.
[01:58.000 --> 02:08.000]  It is also recommended that cell phones should not be kept near the head, breast, or reproductive organs when the phone is turned on.
[02:08.000 --> 02:17.000]  According to a recent poll by the firm YouGov, Canadians support a new investigation into the events surrounding the attacks on September 11, 2001.
[02:17.000 --> 02:23.000]  The poll found that 36% of Canadians would support an international body to investigate the events,
[02:23.000 --> 02:32.000]  while 30% neither support nor oppose, with 27% opposed to the investigation.
[02:32.000 --> 02:38.000]  26 years in a federal prison on dubious charges. That's the fate of political activist Schaefer Cox.
[02:38.000 --> 02:45.000]  Caged earlier this year following his conviction on nine felony counts, including conspiracy and possessing illegal weapons,
[02:45.000 --> 02:54.000]  friends and supporters paint a different picture of the 29-year-old, calling him a gentle and brilliant man who only wanted liberty restored, both for the country and for all individuals.
[02:54.000 --> 03:02.000]  You've been listening to the Liberty Beat. Remember, bringing your mind is freeing our world.
[03:25.000 --> 03:32.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:32.000 --> 03:38.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:38.000 --> 03:46.000]  When you were eight and you had that trait You'd go to school and learn the golden rule So why are you acting like a bloody fool?
[03:46.000 --> 03:54.000]  If you get high, you must get cool Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:54.000 --> 04:00.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:00.000 --> 04:16.000]  You took it on that one, you took it on this one You took it on your mother and you took it on your father You took it on your brother and you took it on your mother
[04:30.000 --> 04:44.000]  She's kind of reluctant to do selfless self-promotion on the air, but her and her husband have a band, Route One, and they're going to do a big gig in Waco.
[04:44.000 --> 04:50.000]  Deborah, will you come on and tell us when and where and everybody be there or be square?
[04:50.000 --> 05:01.000]  Yeah, I am a little reluctant to do the shameless self-promotion on the air for our gig, but yeah, for folks out there who may not have been listening very long or even if you have,
[05:01.000 --> 05:15.000]  you may not realize that before I got into radio, being a talk show host and producing talk radio shows, I was, well, still am, I like to think, a musician.
[05:15.000 --> 05:24.000]  That was what I used to do, one of the things I used to do. I also was a physical therapist, but yeah, Jerry, the band actually-
[05:24.000 --> 05:27.000]  Ice skater, math professor.
[05:27.000 --> 05:45.000]  Yes, I did win a gold medal at Nationals figure skating in my division in 2002, but yes, I love to play music. I've always been a musician my whole life. I started off on violin and then I played guitar and I also play bass now.
[05:45.000 --> 05:53.000]  And anyways, before we got into this, Jerry and I got into this whole Liberty Movement thing, we were touring musicians. That was our main source of income.
[05:53.000 --> 06:06.000]  We toured all over the country with Jerry's longtime, highly successful band that he was the founder of, is the founder of Route One, highly successful reggae band.
[06:06.000 --> 06:14.000]  And I enjoyed it a great deal. And our touring days kind of tapered off after a while because, well, just various reasons.
[06:14.000 --> 06:32.000]  Expenses just kept going up for one thing and it just got a little bit more difficult to make it financially worthwhile, mainly because gas prices just kept going up so high and the pay was not going up enough to match the cost of being on the road.
[06:32.000 --> 06:53.000]  So anyways, as our touring career kind of started tapering off, 9-11 happened and, of course, that changed everything. And then about, well, three years after that in 2004, we found the local, we stumbled, well, Jerry actually stumbled across the local FM station here in Austin
[06:53.000 --> 07:03.000]  and discovered Alex Jones and discovered all these wonderful shows that were on at the time. And we had never trusted the government, never.
[07:03.000 --> 07:23.000]  I mean, Jerry was in his youth, he was in the height of the anti-war movement of the 60s. All right. And I've just never trusted the government either. So it wasn't all that much of a surprise to us when we found out all this information from listening to Alex and these other shows.
[07:23.000 --> 07:36.000]  I had no idea it was as bad as it was or bad as it is. But anyway, so we both started to become activists and we started incorporating activist lyrics in our songs.
[07:36.000 --> 07:45.000]  We'd always had conscious lyrics and gospel lyrics and spiritual lyrics and things like that, educational lyrics, social change and things like that.
[07:45.000 --> 08:06.000]  But then we started really being able to incorporate some serious topics, serious issues into our lyrics. So we were activists in our music and we started, I started forming groups, tried to do judicial activism and then I was invited to become a co-host with Randy in radio on the network we were on before.
[08:06.000 --> 08:24.000]  And then since I had a lot of experience recording and running audio equipment, run recording studios for almost 20 years, I was asked to help produce radio shows because I'm already familiar with production equipment.
[08:24.000 --> 08:32.000]  And then before you knew it, I was practically running the place. So then that entity went away and so then I founded this.
[08:32.000 --> 08:51.000]  But anyway, the point of the story is this has got a little bit of a history of just how my life has progressed over the past 15 years or so going from being basically full-time musician, touring musician and producing music and working in recording studios to doing talk radio and running talk radio networks.
[08:51.000 --> 09:07.000]  And so anyways, our band hadn't played out for a long time and we're starting to gig again and I'm very excited to be back on the road so to speak. It's not a very long road trip this time but just up the road to Waco and I'm really excited.
[09:07.000 --> 09:26.000]  We've been having a lot of rehearsals, just having a great time and listening to recordings, live versions, live recordings of what we used to do, listening to some recordings. We used to headline, we headlined the Kerrville Folk Festival for three years within a five-year period of time which is almost unheard of.
[09:26.000 --> 09:41.000]  It's an international festival actually, Kerrville. And pretty much if you can play there one time, it's a once-in-a-lifetime experience because there's so many good songwriters in the world that they want to be able to highlight and feature.
[09:41.000 --> 09:51.000]  You pretty much only get one shot at being at Kerrville. But we were there, we were the headlining act three years within a five-year period of time. That was quite an experience.
[09:51.000 --> 10:00.000]  So anyways, we were listening to recordings of ourselves from ten years ago or so at Kerrville and we were like, man, we sounded good.
[10:00.000 --> 10:07.000]  I was like, one by one we're going around going, I can't believe I used to play guitar like that. I can't believe I used to sing like that.
[10:07.000 --> 10:18.000]  I was like, wow, we were really hitting. So I don't know, it's kind of exciting to hear those recordings and it wasn't just in my mind. We really were that good.
[10:18.000 --> 10:23.000]  And so anyways, I'm looking forward to playing again and incorporating some of our new lyrics.
[10:23.000 --> 10:39.000]  So anyways, if any of y'all out there in Austin feel like making a little road trip up to Waco this Saturday night or if you're in the Dallas area or Killeen or out by College Station, anywhere near Waco, we are playing at the Cinema Lounge.
[10:39.000 --> 10:48.000]  It's a brand new club in Waco, really nice place. I've seen the pictures and they have kind of theme nights and they show movies there sometimes too.
[10:48.000 --> 10:56.000]  So I've heard a lot of good reports about the place and it's called the Cinema Lounge. You can look it up online.
[10:56.000 --> 11:01.000]  Their website is Cinema Waco and that's also their Facebook page, Cinema Waco.
[11:01.000 --> 11:10.000]  It's at 921 Sweet D Lake Air Drive in Waco, Texas. And we'll be playing from 9 to midnight.
[11:10.000 --> 11:17.000]  And I wasn't really going to plug our gig on the air tonight because this is supposed to be about law.
[11:17.000 --> 11:22.000]  And I don't necessarily want to bring my personal life on the air that much, but Randy insisted.
[11:22.000 --> 11:32.000]  Anyways, I'd like to maybe meet some of the listeners. I don't have a chance to meet the listeners very often, so maybe I'll come out and enjoy our music.
[11:32.000 --> 11:41.000]  Yes, I always like to find depth in people. And Deborah was most interesting.
[11:41.000 --> 11:46.000]  The more I got to know her, the more depth I found there.
[11:46.000 --> 11:53.000]  You know, she used to teach math in college. She's done a lot.
[11:53.000 --> 12:00.000]  Yes, that was probably my first career. I have a bachelor's degree in math and I was in graduate school.
[12:00.000 --> 12:07.000]  I got about halfway through PhD program at UT in math and I decided that wasn't exactly what I really wanted to do.
[12:07.000 --> 12:15.000]  And I didn't do a master's degree because I would have had to stay in school for another year to do the master's thesis.
[12:15.000 --> 12:20.000]  And I had already been in graduate school for like three years and it just wasn't what I wanted to do.
[12:20.000 --> 12:29.000]  But I did get a lot of experience and when I was in graduate school, I taught differential equations and calculus to undergraduate engineering students.
[12:29.000 --> 12:39.000]  That was my first career. And then after that, I did other math-oriented careers like accounting and, you know, things like that.
[12:39.000 --> 12:47.000]  And then my skating, my figure skating career took off. And of course, like I mentioned, I won gold medal at nationals in 02.
[12:47.000 --> 12:54.000]  And so I got involved in physical therapy and Pilates as a means of cross-training for my sport.
[12:54.000 --> 13:01.000]  And then I made that a career. And then I was a musician, a touring musician, and then I got into radio. So yes, I've had quite a…
[13:01.000 --> 13:03.000]  Wait, wait. You were a computer tech.
[13:03.000 --> 13:12.000]  Computer tech. I was a computer tech in the midst of all the in between touring and skating and physical therapy.
[13:12.000 --> 13:25.000]  I was doing computer tech, repairing computers and building computers and also building computers for people for recording studios and being a consultant in that regard.
[13:25.000 --> 13:28.000]  That was kind of like all interspersed between the whole time.
[13:28.000 --> 13:36.000]  Back when WTPRN went down, it looked like we were going to be shut down altogether.
[13:36.000 --> 13:43.000]  Deborah got to work and spent day and night for what, six months?
[13:43.000 --> 13:56.000]  About, yeah, maybe. Well, I got us back up on the air with just my studio equipment for recording, you know, music recording probably within a month or two, maybe two months.
[13:56.000 --> 14:01.000]  Yeah, I think it was maybe two or three months. But then that was not a feasible situation.
[14:01.000 --> 14:08.000]  I had to get proper equipment for radio production. Yeah, it took me about another six months to build that.
[14:08.000 --> 14:14.000]  And speaking of that, we still need more upgrades so we could use your donations. Go ahead, David.
[14:14.000 --> 14:23.000]  She was, you know, I'm an electrical engineer and I watched what she was doing and it was way beyond me.
[14:23.000 --> 14:36.000]  I was absolutely amazed at what she produced. And at the depth of her knowledge and ability, it went across all manner of lines.
[14:36.000 --> 14:46.000]  She could just about do anything anyone in the studio would do, she could do it. And then she did all the programming, all the promotions, she did everything.
[14:46.000 --> 14:50.000]  Oh, well, you're too kind. And she wouldn't even let me supervise.
[14:50.000 --> 15:01.000]  No, absolutely not. Well, you know, Randy, look, designing chips and, you know, designing circuitry and circuit boards,
[15:01.000 --> 15:10.000]  it really is just because somebody can deal with that level on circuit boards, that doesn't mean that, you know,
[15:10.000 --> 15:16.000]  you automatically know how to repair computers or build them or make them work properly. It's just a whole different thing.
[15:16.000 --> 15:22.000]  You know, so you have your area of expertise, I have mine. But anyways, enough about me, I guess.
[15:22.000 --> 15:26.000]  But yes, folks out there, if you want to come watch us play, it's an awesome band.
[15:26.000 --> 15:34.000]  You can go to root1.net, R-O-O-T, the number one dot net, and listen to some of the music.
[15:34.000 --> 15:42.000]  And yes, we broke down and got a Facebook page for the band. We needed to in order to do some promotion for this particular gig,
[15:42.000 --> 15:46.000]  we wanted to do some promotion on Facebook. And so it's a brand new Facebook page.
[15:46.000 --> 15:52.000]  So, folks, we need some help with the Facebook page because we don't have any likes yet.
[15:52.000 --> 15:57.000]  I don't know, maybe we have one or two by now. But if you could go to root1 reggae, that's the Facebook page.
[15:57.000 --> 16:05.000]  I tried to do root1, but somebody had already gotten that name. But R-O-O-T, the number one, root1 reggae, R-E-G-G-A-E.
[16:05.000 --> 16:11.000]  If you're on Facebook out there, why don't you give us some likes and you can go to our website to hear the music, root1.net.
[16:11.000 --> 16:16.000]  And come to Waco, the cinema lounge. It's a really nice place. Like them on Facebook, too.
[16:16.000 --> 16:24.000]  I'm really excited, you know, because it's actually inside with air conditioning and chairs. Wow, what a concept.
[16:24.000 --> 16:27.000]  You know, that was one of the things that was kind of difficult about being in a reggae band.
[16:27.000 --> 16:33.000]  Everybody wants to stick us in the sun without any shade at all in the middle of summer at 110 degrees.
[16:33.000 --> 16:37.000]  And, of course, we're not going to go for that. And then a lot of clubs, there's no place to sit down.
[16:37.000 --> 16:41.000]  You have to stand up all night long. And that gets kind of tiresome as well.
[16:41.000 --> 16:46.000]  But this is a nice place. There's tables. There's chairs. It's inside. It's air conditioned. You can get drinks.
[16:46.000 --> 16:53.000]  So come on out, cinema lounge, and Waco, Texas, 921 Sweet D Lake Air Drive.
[16:53.000 --> 17:00.000]  And I'd love to meet you all. We'll be right back, folks.
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[19:00.000 --> 19:08.000]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:08.000 --> 19:36.000]  Okay, we are back.
[19:36.000 --> 19:38.000]  Randy Kelton, Deborah Stevens.
[19:38.000 --> 19:43.000]  Deborah had a couple comments and then we are going to go to Darlene in the floor.
[19:43.000 --> 19:44.000]  Go ahead, Deb.
[19:44.000 --> 19:50.000]  Yes, I just want to wrap this up a little bit because I didn't, I just want to make a point here about discussing all this.
[19:50.000 --> 19:56.000]  Because I didn't want the listeners to think that, you know, we are just kind of like bragging on all the things that I have done or can do or whatever.
[19:56.000 --> 19:58.000]  I set her up.
[19:58.000 --> 19:59.000]  He set me up.
[19:59.000 --> 20:00.000]  He set me up.
[20:00.000 --> 20:01.000]  I didn't know he was going to do this, honestly, folks.
[20:01.000 --> 20:07.000]  But anyways, one point that I wanted to make about going to the computer repair issue.
[20:07.000 --> 20:12.000]  You know, the only formal schooling I had was in math.
[20:12.000 --> 20:21.000]  I mean, of course, when you get a university degree, you have to take a bunch of other kinds of classes in a variety of different subjects, not just whatever you are majoring in.
[20:21.000 --> 20:28.000]  And I did start off as a double major in computer science and math, but I dropped the computer science part because I just enjoyed math.
[20:28.000 --> 20:32.000]  I enjoyed the math theory, improving theorems and this sort of thing in the research.
[20:32.000 --> 20:39.000]  But anyways, I didn't learn anything in school at all about how to repair computers.
[20:39.000 --> 20:40.000]  Okay.
[20:40.000 --> 20:43.000]  I didn't learn anything in school about how to play music.
[20:43.000 --> 20:50.000]  I didn't learn anything in school about how to be a talk radio host or I never took any RTF classes or anything like that.
[20:50.000 --> 21:06.000]  I didn't learn anything in any school or any formal training about how to build a recording studio or how to repair a computer or how to record or run, set up a proper game structure and sound reinforcement or run live sound or anything.
[21:06.000 --> 21:13.000]  I'm completely self-taught in everything, okay, except for, you know, of course, I had coaches with figure skating.
[21:13.000 --> 21:16.000]  You have to have somebody train you with that, all right.
[21:16.000 --> 21:22.000]  And I did, of course, take classes and get proper certification in my physical therapy program.
[21:22.000 --> 21:24.000]  But that's just a computer issue.
[21:24.000 --> 21:29.000]  And I want to make this point for the listeners about being self-taught, okay.
[21:29.000 --> 21:37.000]  Part of what empowers us as pro se litigants is that we are self-taught, okay.
[21:37.000 --> 21:49.000]  When you buckle down and do the research, okay, pull yourself up by your bootstraps and drop the fear and just do it, okay.
[21:49.000 --> 21:50.000]  Just do the research.
[21:50.000 --> 21:51.000]  Just read it.
[21:51.000 --> 21:53.000]  You may not understand it at first.
[21:53.000 --> 21:54.000]  Read a few times.
[21:54.000 --> 21:55.000]  Let it sink in.
[21:55.000 --> 21:56.000]  Sleep on it.
[21:56.000 --> 22:09.000]  Randy will talk, can talk about psychology and how active your brain is when you're sleeping at, you know, understanding and processing information of the previous day or the previous days.
[22:09.000 --> 22:18.000]  You know, just keep at it and don't give up because that's, I got into repairing computers from being in audio recording, all right,
[22:18.000 --> 22:24.000]  because I was into studio recording before computers were involved in studio recording at all, all right.
[22:24.000 --> 22:31.000]  We did everything old school way, all right, with digital tape and of course sometimes with analog tape when we could afford it.
[22:31.000 --> 22:35.000]  Very expensive to record multitracking with analog tape even though it sounds great.
[22:35.000 --> 22:41.000]  But anyways, you know, all the editing would have to be done sometimes by physically cutting the tape.
[22:41.000 --> 22:44.000]  That's why they call it the cutting room and things like that, all right.
[22:44.000 --> 22:52.000]  So I did a lot of studio recording work in music before computers were ever used in computer recording.
[22:52.000 --> 22:58.000]  And then once that started coming into play, then we started incorporating that in our recording studio.
[22:58.000 --> 23:04.000]  And of course once you get a new piece of equipment in, you have to learn how to repair it, okay.
[23:04.000 --> 23:07.000]  It's kind of like having a motorcycle or having a Harley.
[23:07.000 --> 23:10.000]  I mean it's not just the fun of using it or riding it or whatever.
[23:10.000 --> 23:13.000]  You know, you have to learn how to do maintenance on it yourself.
[23:13.000 --> 23:16.000]  I mean of course you can hire people to do maintenance, all right.
[23:16.000 --> 23:22.000]  You can hire people to fix things, but you're still going to have to understand how it works
[23:22.000 --> 23:24.000]  and learn how to do at least some basic maintenance.
[23:24.000 --> 23:27.000]  Well, I wanted to do all, I wanted to learn to do all the maintenance.
[23:27.000 --> 23:33.000]  And so basically you just knuckle down, you just buckle down and do the research and read.
[23:33.000 --> 23:38.000]  And it takes some time sometimes, but over time you start to gain confidence.
[23:38.000 --> 23:44.000]  And eventually before you know it, you know more about such and such thing than the so-called experts.
[23:44.000 --> 23:49.000]  And so I just wanted to bring that out about the computer repair issue in particular
[23:49.000 --> 23:53.000]  because I started learning on my own how to deal with this.
[23:53.000 --> 23:58.000]  And then I went to work at a computer repair shop because actually they needed an accountant.
[23:58.000 --> 24:03.000]  And so but then I started doing computer repair and learning more about it while I was there, hands-on experience.
[24:03.000 --> 24:06.000]  And I watched the other techs and I would learn from them.
[24:06.000 --> 24:07.000]  And you know what?
[24:07.000 --> 24:13.000]  Most of the time even the techs wouldn't know immediately how to fix something when a computer would come in.
[24:13.000 --> 24:16.000]  Most of the time they do research online.
[24:16.000 --> 24:18.000]  And so I would encourage the listeners out there too.
[24:18.000 --> 24:21.000]  If you're having a computer problem, look it up online.
[24:21.000 --> 24:22.000]  There's all kinds of forms.
[24:22.000 --> 24:26.000]  You have these people that just love to help people on these forms.
[24:26.000 --> 24:27.000]  They get a kick out of it.
[24:27.000 --> 24:35.000]  It's their form of entertainment to basically teach other people how to do this and that to repair their own computers.
[24:35.000 --> 24:41.000]  So I just want to try to infuse some confidence in the listeners, you know, with this analogy.
[24:41.000 --> 24:44.000]  It's the same thing with law, okay?
[24:44.000 --> 24:46.000]  I never had any schooling in law, all right?
[24:46.000 --> 24:53.000]  I never even wanted to do this at all in the first place as far as doing legal research and be a pro se litigate and fight the bad guys in court.
[24:53.000 --> 24:56.000]  I mean honestly, Randy really enjoys it.
[24:56.000 --> 25:03.000]  I sort of do, but I'm really more of an artist and a musician and a movement artist like with skating and dance and stuff.
[25:03.000 --> 25:05.000]  That's much rather what I'd be doing, okay?
[25:05.000 --> 25:08.000]  But this is what we have to do because we have to preserve our liberty.
[25:08.000 --> 25:18.000]  But the point of the whole thing that I'm saying here is that I want to infuse some confidence in you and y'all out there if you're feeling trepidation or fear.
[25:18.000 --> 25:23.000]  Because really when I was at the computer shop, it's like the techs didn't even know what to do most of the time either.
[25:23.000 --> 25:28.000]  They would just look it up and it's like all you have to really do is know how to read, okay?
[25:28.000 --> 25:31.000]  They would get on these forms and I was learning it too.
[25:31.000 --> 25:35.000]  You just get on the forms and it's like, oh, well, these people are teaching people what to do.
[25:35.000 --> 25:37.000]  And so, okay, fine, then you do it and you fix it.
[25:37.000 --> 25:39.000]  Well, it's kind of the same thing with law.
[25:39.000 --> 25:42.000]  I mean really all you have to do is know how to read, okay?
[25:42.000 --> 25:44.000]  It's really not that hard.
[25:44.000 --> 25:51.000]  So, you know, I just encourage everyone out there to be self-taught because then you own it, all right?
[25:51.000 --> 25:53.000]  It's not like somebody gave it to you, all right?
[25:53.000 --> 25:57.000]  It boosts your confidence and it's something that stays with you.
[25:57.000 --> 26:00.000]  I'm a big promoter of being self-taught in all areas.
[26:00.000 --> 26:03.000]  And we have to be if we're going to be pro se litigants.
[26:03.000 --> 26:05.000]  But if I can do it, you can do it.
[26:05.000 --> 26:07.000]  So go ahead, Randy, what were you going to say?
[26:07.000 --> 26:10.000]  I did forget to mention her Harley out back.
[26:10.000 --> 26:11.000]  Okay, the Harley.
[26:11.000 --> 26:13.000]  Who's also a Harley chick.
[26:13.000 --> 26:14.000]  Yes, I haven't.
[26:14.000 --> 26:16.000]  I need to do some maintenance and repair on that too.
[26:16.000 --> 26:21.000]  But anyways, so be self-taught, people, really.
[26:21.000 --> 26:26.000]  It will give you a lot of confidence and nobody will be able to push you around,
[26:26.000 --> 26:32.000]  especially these arrogant attorneys out there and public servants, so.
[26:32.000 --> 26:33.000]  Okay, that's all.
[26:33.000 --> 26:37.000]  I just wanted to try to make that relation there to the listeners.
[26:37.000 --> 26:38.000]  Thank you.
[26:38.000 --> 26:42.000]  And now we're going to go to Darlene in Florida.
[26:42.000 --> 26:45.000]  Hello, Darlene, what do you have for us tonight?
[26:45.000 --> 26:52.000]  Okay, well, mine is the foreclosure that they did a assignment of mortgage
[26:52.000 --> 26:54.000]  but never recorded it in the public record.
[26:54.000 --> 26:59.000]  And of course, that's part of our Florida statute like in Texas.
[26:59.000 --> 27:04.000]  So today, this morning, there was a hearing,
[27:04.000 --> 27:10.000]  which my email that came from opposing counsel, it was an evidentiary hearing,
[27:10.000 --> 27:16.000]  which I had been trying to get it reset because I couldn't physically attend it.
[27:16.000 --> 27:23.000]  Well, it actually ended up to be with this judge that he was going for a summary judgment.
[27:23.000 --> 27:27.000]  And as much as I was, you know, I wasn't prepared for this
[27:27.000 --> 27:30.000]  and I was winging it as best as I could,
[27:30.000 --> 27:35.000]  and I gave all my evidence about this unrecorded mortgage assignment
[27:35.000 --> 27:41.000]  and even their bank official that was there, I questioned him about,
[27:41.000 --> 27:43.000]  well, why didn't you record it?
[27:43.000 --> 27:45.000]  And he said he didn't know.
[27:45.000 --> 27:50.000]  But what I wanted to find out, because not only did the judge do a summary judgment,
[27:50.000 --> 27:55.000]  right then and there, he set a sale date for October 31st on my house.
[27:55.000 --> 28:02.000]  Now, I had recorded in the records the notice of default like you had told me to do.
[28:02.000 --> 28:07.000]  I'd gotten with Lou Watson and he had set up the irrevocable trust,
[28:07.000 --> 28:11.000]  which that got recorded into the county records.
[28:11.000 --> 28:15.000]  So how is this going to work with them going for a summary?
[28:15.000 --> 28:16.000]  Okay.
[28:16.000 --> 28:22.000]  When the judge renders his ruling, they normally set a sale date
[28:22.000 --> 28:28.000]  because that's the purpose of the action, the foreclosure action,
[28:28.000 --> 28:31.000]  is to get authorization for a sale date.
[28:31.000 --> 28:36.000]  But you file a, I'm not sure exactly how it works in Florida,
[28:36.000 --> 28:41.000]  you either file a motion for findings of fact and conclusions at law
[28:41.000 --> 28:45.000]  or a motion for reconsideration.
[28:45.000 --> 28:48.000]  And that will stop the appeal clock.
[28:48.000 --> 28:52.000]  This 30-day thing's not going to happen.
[28:52.000 --> 28:53.000]  And he knows that.
[28:53.000 --> 28:57.000]  But once you appeal, that'll stop the sale.
[28:57.000 --> 29:01.000]  Then his, you know, everything he's done is put on hold.
[29:01.000 --> 29:06.000]  So you give them a motion for reconsideration
[29:06.000 --> 29:10.000]  or if it's done another way in Florida,
[29:10.000 --> 29:14.000]  it may be a request for findings of fact and conclusions at law.
[29:14.000 --> 29:17.000]  They both amount to the same thing.
[29:17.000 --> 29:23.000]  And then he'll most likely deny that or he'll render the same ruling
[29:23.000 --> 29:26.000]  and give you the findings of fact.
[29:26.000 --> 29:31.000]  So I take it the judge gave a oral opinion.
[29:31.000 --> 29:34.000]  He didn't do a written opinion.
[29:34.000 --> 29:37.000]  What do you mean by a written opinion?
[29:37.000 --> 29:39.000]  Yes, he didn't file a written opinion.
[29:39.000 --> 29:41.000]  Hang on, we're about to go to break.
[29:41.000 --> 29:43.000]  We'll pick this up on the other side.
[29:43.000 --> 29:46.000]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio.
[29:46.000 --> 29:50.000]  This is number 512-646-1984.
[29:50.000 --> 29:53.000]  We will keep the phone lines on all night.
[29:53.000 --> 29:54.000]  Give us a call.
[29:54.000 --> 30:01.000]  We'll be right back.
[30:01.000 --> 30:04.000]  Radio frequency identification, or RFID,
[30:04.000 --> 30:08.000]  is a technology that silently tracks objects using radio waves.
[30:08.000 --> 30:10.000]  But what if the object is you?
[30:10.000 --> 30:13.000]  I'm Dr. Catherine Albrecht, and I'll be back with a buzz
[30:13.000 --> 30:16.000]  about how invasive this stealthy technology can be.
[30:16.000 --> 30:18.000]  Privacy is under attack.
[30:18.000 --> 30:21.000]  When you give up data about yourself, you'll never get it back again.
[30:21.000 --> 30:23.000]  And once your privacy is gone,
[30:23.000 --> 30:26.000]  you'll find your freedoms will start to vanish too.
[30:26.000 --> 30:29.000]  So protect your rights, say no to surveillance,
[30:29.000 --> 30:31.000]  and keep your information to yourself.
[30:31.000 --> 30:34.000]  Privacy, it's worth hanging on to.
[30:34.000 --> 30:37.000]  This public service announcement is brought to you by StartPage.com,
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[30:45.000 --> 30:49.000]  RFID microchips were used for a recent study on the habits of honeybees.
[30:49.000 --> 30:54.000]  Researchers tracked each bee individually through an RFID tag glued to its back
[30:54.000 --> 30:57.000]  that beamed back a unique identification number.
[30:57.000 --> 31:00.000]  When tagged bees flew through an antenna probe in fake flowers,
[31:00.000 --> 31:02.000]  the scientists instantly knew.
[31:02.000 --> 31:06.000]  But the bees didn't, since RFID waves are silent and invisible.
[31:06.000 --> 31:11.000]  Major corporations want to put similar RFID tags in all consumer items,
[31:11.000 --> 31:15.000]  making people who wear and carry those items trackable, just like the bees.
[31:15.000 --> 31:19.000]  Bee studies clearly demonstrate how RFID could deliver a stinging blow
[31:19.000 --> 31:21.000]  to our freedom and privacy.
[31:21.000 --> 31:24.000]  Join me in opposing this invasive technology.
[31:24.000 --> 31:26.000]  I'm Dr. Catherine Albrecht.
[31:26.000 --> 31:30.000]  More news and information at CatherineAlbrecht.com.
[31:30.000 --> 31:35.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:35.000 --> 31:37.000]  The government says that fire brought it down.
[31:37.000 --> 31:42.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:42.000 --> 31:45.000]  Over 6,000 of my fellow service members have given their lives,
[31:45.000 --> 31:48.000]  and thousands of my fellow first responders have died.
[31:48.000 --> 31:49.000]  I'm not a conspiracy theorist.
[31:49.000 --> 31:50.000]  I'm a structural engineer.
[31:50.000 --> 31:52.000]  I'm a New York City Correctional Officer.
[31:52.000 --> 31:53.000]  I'm an Air Force pilot.
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[31:54.000 --> 31:57.000]  We're Americans, and we deserve the truth.
[31:57.000 --> 32:00.000]  Go to RememberBuilding7.org today.
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[33:01.000 --> 33:11.000]  Live, free speech radio, logosradionetwork.com.
[33:11.000 --> 33:26.000]  Yeah, Mr. Officer, you're taking the law in the head. I want you to follow the law of the land. I don't understand.
[33:26.000 --> 33:34.000]  Your job is to protect what you serve, not to be abused. Officer!
[33:34.000 --> 33:56.000]  When you're gonna stop abuse, your power.
[33:56.000 --> 34:05.000]  Okay.
[34:05.000 --> 34:13.000]  We are back. Randy Kelton, Debbie Stevens, Rule of Law Radio, and we're talking to Darlene in Florida.
[34:13.000 --> 34:15.000]  I have a question.
[34:15.000 --> 34:16.000]  Okay.
[34:16.000 --> 34:25.000]  When the judge made his determination, did he state his reasoning?
[34:25.000 --> 34:34.000]  Only, you know, because I'm hearing it over the telephone, he asked the opposing counsel if there were any motions.
[34:34.000 --> 34:43.000]  And, of course, I had said, no, I filed a motion that's before the court that hasn't had anything done to it.
[34:43.000 --> 34:51.000]  And so he then asked the opposing counsel, when was the last payment that she made?
[34:51.000 --> 34:59.000]  And so he told them, and then he just went with his final, his summary judgment.
[34:59.000 --> 35:05.000]  And he didn't give any statement of facts and law?
[35:05.000 --> 35:15.000]  No. And I was going to ask you, because I had a court reporter there, should I just tell them, go ahead and transcribe for me?
[35:15.000 --> 35:17.000]  Did I lose you?
[35:17.000 --> 35:22.000]  No, I was asking you because I made sure that I had a court reporter present.
[35:22.000 --> 35:27.000]  Hello, Darlene.
[35:27.000 --> 35:29.000]  Can you hear me?
[35:29.000 --> 35:33.000]  Hello? Hello?
[35:33.000 --> 35:40.000]  Randy? Randy?
[35:40.000 --> 35:57.000]  When you're going to stop abuse, you have power.
[35:57.000 --> 36:03.000]  Hey, officer, stop abusing your power. Your job is to uphold the law.
[36:03.000 --> 36:08.000]  But yet, officer, you're not doing your job. You're abusing the citizens every hour.
[36:08.000 --> 36:14.000]  You say you have the right to be silent. So silent, I'm going to stay, sir.
[36:14.000 --> 36:19.000]  I want to speak to the lawyer, Mr. Officer.
[36:19.000 --> 36:27.000]  Sorry, folks, about that uninterrupted break. It seems that I've dropped my link.
[36:27.000 --> 36:37.000]  But I'm back up now, and as soon as my page refreshes, I'll bring Darlene back up.
[36:37.000 --> 36:43.000]  Oh, she may have dropped. Okay. Well, what I wanted to go to was...
[36:43.000 --> 36:50.000]  Oh, there she is. Okay. Findings of fact. Okay. Hello, Darlene.
[36:50.000 --> 36:52.000]  Yes, can you hear me?
[36:52.000 --> 36:54.000]  Yes, I can. Sorry about that little glitch.
[36:54.000 --> 36:55.000]  That's okay.
[36:55.000 --> 37:00.000]  But the judge has a duty to apply the law to the facts.
[37:00.000 --> 37:07.000]  Then I suggest that you prepare a findings of fact of your own.
[37:07.000 --> 37:13.000]  You prepare a document that lists the facts put before the court,
[37:13.000 --> 37:19.000]  and then the law as it applies to those facts,
[37:19.000 --> 37:24.000]  and give him the conclusion that you feel like he should have came to,
[37:24.000 --> 37:31.000]  and then ask the court to either accept your findings of fact and conclusions at law,
[37:31.000 --> 37:37.000]  or prepare his own so that you may perfect your appeal.
[37:37.000 --> 37:43.000]  You need to know how he ruled so that you know what to appeal.
[37:43.000 --> 37:44.000]  Right.
[37:44.000 --> 37:50.000]  So get that in right away, and you might...
[37:50.000 --> 37:54.000]  I wouldn't be too concerned about this sale date, at least not yet.
[37:54.000 --> 38:00.000]  Get your findings of fact and conclusions at law in as quickly as you can,
[38:00.000 --> 38:07.000]  and you primarily will pull that from the documentation that's already before the court.
[38:07.000 --> 38:09.000]  Well, here's the other thing.
[38:09.000 --> 38:14.000]  I had the court reporter, so I should get her to transcribe that for me so that I've got...
[38:14.000 --> 38:16.000]  Absolutely.
[38:16.000 --> 38:20.000]  Okay, and the thing is that the day before,
[38:20.000 --> 38:25.000]  because I had that attorney that withdrew and withdrew my affirmative defenses,
[38:25.000 --> 38:35.000]  so before this hearing I had filed for the court to, what was it,
[38:35.000 --> 38:41.000]  believe to reinstate and amend my affirmative defenses and counterclaim.
[38:41.000 --> 38:43.000]  So I had that in the record.
[38:43.000 --> 38:48.000]  So all that states all this information, the fraud and whatever.
[38:48.000 --> 38:51.000]  So even though it's in the court file and he hasn't heard it,
[38:51.000 --> 38:54.000]  I can still address that information.
[38:54.000 --> 38:58.000]  Well, you said your lawyer withdrew that motion?
[38:58.000 --> 39:03.000]  Well, when I had the attorney and he withdrew from the case,
[39:03.000 --> 39:09.000]  he went and put in a motion to withdraw my affirmative defenses, which he had no right to do.
[39:09.000 --> 39:11.000]  File suit against the attorney.
[39:11.000 --> 39:12.000]  I'm sorry?
[39:12.000 --> 39:14.000]  Do that immediately.
[39:14.000 --> 39:16.000]  Sue him? Okay.
[39:16.000 --> 39:22.000]  Yes, sue him for withdrawing your affirmative defenses and caused you to lose the case.
[39:22.000 --> 39:23.000]  Now you sue him personally.
[39:23.000 --> 39:26.000]  What he's going to do is run back to the court.
[39:26.000 --> 39:29.000]  Oh, Judge, this dirty rotten old lady is suing me.
[39:29.000 --> 39:32.000]  You've got to help me.
[39:32.000 --> 39:32.000]  Okay.
[39:32.000 --> 39:36.000]  Generate a little politics, but get him a tort letter immediately
[39:36.000 --> 39:48.000]  and demand three times the amount of the mortgage, file a bar grievance against him.
[39:48.000 --> 39:52.000]  Do the grievance and the tort letter at the same time.
[39:52.000 --> 39:53.000]  Okay.
[39:53.000 --> 40:01.000]  And then you're absolutely going to want to know why he withdrew your motions from the court.
[40:01.000 --> 40:02.000]  Okay.
[40:02.000 --> 40:05.000]  And he's liable.
[40:05.000 --> 40:08.000]  Attorneys really, really hate to be sued.
[40:08.000 --> 40:16.000]  So get him a tort letter notifying him that you were harmed by his withdrawing these motions
[40:16.000 --> 40:19.000]  when you did not give him permission to do so.
[40:19.000 --> 40:20.000]  Okay.
[40:20.000 --> 40:25.000]  That he did so to the detriment of your case, caused you to lose the case.
[40:25.000 --> 40:32.000]  And because of that, you sue him for everything you lost in triplicate because he acted maliciously.
[40:32.000 --> 40:37.000]  You say three times the mortgage, it's whatever the mortgage was in the initial claim, correct?
[40:37.000 --> 40:38.000]  Exactly.
[40:38.000 --> 40:39.000]  Okay.
[40:39.000 --> 40:40.000]  I got it.
[40:40.000 --> 40:41.000]  Good.
[40:41.000 --> 40:44.000]  That's a value of the property that you can establish.
[40:44.000 --> 40:45.000]  Right.
[40:45.000 --> 40:46.000]  Right.
[40:46.000 --> 40:52.000]  So ask him for three times that and send him a tort letter first.
[40:52.000 --> 41:01.000]  Make the tort letter look like the lawsuit and tell him you've got 30 days to make me hold or be sued.
[41:01.000 --> 41:04.000]  And on the 31st day, you sue him.
[41:04.000 --> 41:05.000]  Okay.
[41:05.000 --> 41:10.000]  That'll be, it's a lot more fun when you're the one going after them.
[41:10.000 --> 41:11.000]  No kidding.
[41:11.000 --> 41:12.000]  Okay.
[41:12.000 --> 41:16.000]  You have a good chance of getting everything back from this lawyer.
[41:16.000 --> 41:26.000]  But what's more likely to happen is the lawyer is going to run to the court because he did this to make the court's life easier.
[41:26.000 --> 41:31.000]  And then the lawyer's on the other side.
[41:31.000 --> 41:36.000]  Good chance he's vying for a job with one of these scoundrels.
[41:36.000 --> 41:37.000]  Oh.
[41:37.000 --> 41:42.000]  So he blows your case to win him a job.
[41:42.000 --> 41:47.000]  So now you come back after him for everything you could possibly lose.
[41:47.000 --> 41:48.000]  Okay.
[41:48.000 --> 41:49.000]  Okay.
[41:49.000 --> 41:51.000]  You might look for a malpractice attorney.
[41:51.000 --> 41:55.000]  This is the kind of thing they, good chance they'll take.
[41:55.000 --> 41:56.000]  Okay.
[41:56.000 --> 42:02.000]  Because for a lawyer to withdraw motions, it's already been filed.
[42:02.000 --> 42:04.000]  That's a big deal.
[42:04.000 --> 42:06.000]  And he was already paid for his services.
[42:06.000 --> 42:10.000]  It's not like he wasn't paid when he did those.
[42:10.000 --> 42:12.000]  I don't know why he would do that.
[42:12.000 --> 42:17.000]  That is so, that sets him up big time.
[42:17.000 --> 42:25.000]  All you need to do is, the State Bar Association carries indemnity in Florida.
[42:25.000 --> 42:27.000]  So he's indemnified.
[42:27.000 --> 42:28.000]  Right.
[42:28.000 --> 42:31.000]  Because if I can get a judgment, I can just take it to them.
[42:31.000 --> 42:33.000]  Yeah, you can take it from the bar.
[42:33.000 --> 42:34.000]  Yeah.
[42:34.000 --> 42:39.000]  So in Texas, they don't have to have malpractice insurance.
[42:39.000 --> 42:42.000]  And some don't.
[42:42.000 --> 42:47.000]  But they're likely to get disbarred if they get a malpractice suit and can't pay the,
[42:47.000 --> 42:52.000]  if they lose a malpractice suit and can't pay, they're likely to get disbarred.
[42:52.000 --> 42:53.000]  But there are some there.
[42:53.000 --> 42:55.000]  You don't have that problem in Florida.
[42:55.000 --> 43:07.000]  And when you sue the, when you take money out of the Florida State Bar's candy fund,
[43:07.000 --> 43:11.000]  they are not going to be happy with this lawyer.
[43:11.000 --> 43:14.000]  Okay.
[43:14.000 --> 43:19.000]  So get that in, and that's likely to get the lawyer to move toward the court.
[43:19.000 --> 43:25.000]  And also, you might look at a malpractice, I mean a judicial conduct complaint against the judge,
[43:25.000 --> 43:28.000]  just to add pressure to them.
[43:28.000 --> 43:32.000]  Oh, I'm definitely going to do that because he was really rude with me.
[43:32.000 --> 43:39.000]  And he said, well, move along here, Ms. Deegan.
[43:39.000 --> 43:42.000]  Okay.
[43:42.000 --> 43:46.000]  Do a malpractice, I mean a judicial conduct complaint against him for that.
[43:46.000 --> 43:47.000]  Okay.
[43:47.000 --> 43:48.000]  Do you have anything else?
[43:48.000 --> 43:50.000]  We're about to go to break.
[43:50.000 --> 43:52.000]  I just wanted to ask, when I-
[43:52.000 --> 43:53.000]  Okay, hang on, hang on.
[43:53.000 --> 43:54.000]  We're about to go to break.
[43:54.000 --> 43:55.000]  We'll get in on the other side.
[43:55.000 --> 43:58.000]  This is Randy Kelton, Devin Stevens, Renewal Law Radio.
[43:58.000 --> 44:02.000]  We'll be right back.
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[44:47.000 --> 45:01.000]  Naturespureorganics.com.
[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
[45:04.000 --> 45:07.000]  Win your case without an attorney with Juris Dictionary,
[45:07.000 --> 45:15.000]  the affordable, easy-to-understand, 4-CD course that will show you how in 24 hours, step-by-step.
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[45:39.000 --> 45:43.000]  about the principles and practices that control our American courts.
[45:43.000 --> 45:49.000]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.000 --> 45:52.000]  pro se tactics, and much more.
[45:52.000 --> 46:02.000]  Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ.
[46:02.000 --> 46:20.000]  If you did not have any problems, where are you going to look for one?
[46:20.000 --> 46:26.000]  If you could not wait any longer, would you purposefully die?
[46:26.000 --> 46:32.000]  Would you step down and be a soldier, a warrior of love, scuffling the keys of peace?
[46:32.000 --> 46:35.000]  All they're thinking is a misunderstanding.
[46:35.000 --> 46:43.000]  If somebody calls the police, why should they spot you?
[46:43.000 --> 46:50.000]  Why should they spot you?
[46:50.000 --> 46:57.000]  Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're talking to Darlene in Florida.
[46:57.000 --> 46:59.000]  Darlene, you had another question.
[46:59.000 --> 47:05.000]  Okay, just quickly regarding Mears, we've talked about that there are no employees for Mears.
[47:05.000 --> 47:14.000]  When I was questioning this bank agent, I asked him specifically about this person that signed the assignment,
[47:14.000 --> 47:23.000]  and he said, oh, I know that person very well, and they are authorized to sign for Mears in Texas.
[47:23.000 --> 47:25.000]  Oh, is that a fact?
[47:25.000 --> 47:34.000]  And there should be a filing of a power of attorney under Texas probate code 489.
[47:34.000 --> 47:40.000]  Texas probate code 489 has been moved out of the probate code and I think into the property code.
[47:40.000 --> 47:49.000]  One of the things I have to check and see where it's at, I think we have Johnny Enigma is probably listening.
[47:49.000 --> 47:56.000]  He may know where that's at, where it's been moved to, but in order, what this statute says,
[47:56.000 --> 48:05.000]  in order for anyone to file a document with the county recorder, if it lists all of the documents that are allowed to be filed,
[48:05.000 --> 48:14.000]  and that's everything that can be filed with the county recorder, they must have power of attorney on record.
[48:14.000 --> 48:17.000]  All right, so if I check with Travis County, Texas?
[48:17.000 --> 48:22.000]  Absolutely, if that's where they're supposed to be, check with Travis County.
[48:22.000 --> 48:28.000]  You might send them a request for evidence of power of attorney for this person,
[48:28.000 --> 48:35.000]  explain to them that you're not in Texas and you don't know how to search their computer to find this,
[48:35.000 --> 48:47.000]  and ask them if they will do a search and send you a copy of that and you will ask them how to pay for it.
[48:47.000 --> 48:48.000]  Okay.
[48:48.000 --> 48:54.000]  Or if need be, we can have someone we have in Travis County go down and pick that up for you.
[48:54.000 --> 48:59.000]  Okay, all right, yeah, so I just need to go into the probate code.
[48:59.000 --> 49:06.000]  Yes, and that's stuff you can bring back into the appeals.
[49:06.000 --> 49:13.000]  If you find that they lied on the stand, then you can bring that in on appeal
[49:13.000 --> 49:19.000]  and in petition for, you know, file aggravated perjury charges against whoever did that.
[49:19.000 --> 49:20.000]  Okay.
[49:20.000 --> 49:22.000]  That'll get their attention.
[49:22.000 --> 49:23.000]  Okay, good.
[49:23.000 --> 49:28.000]  Whether you can get it prosecuted or not is not important, just filing it.
[49:28.000 --> 49:31.000]  Sure, sure, okay.
[49:31.000 --> 49:37.000]  Well, thank you so much for this information, Randy, and I'll let you go so you can take some other questions.
[49:37.000 --> 49:39.000]  Okey-doke, you are most welcome.
[49:39.000 --> 49:43.000]  Okay, we are going to Gary in New York.
[49:43.000 --> 49:47.000]  Hello, Gary, I hear you have a question on a ticket.
[49:47.000 --> 49:54.000]  Yes, hi, I got a parking ticket in New York City, and I was told by someone some time ago
[49:54.000 --> 49:59.000]  that it is not a prudent idea to try to fight it on the merits.
[49:59.000 --> 50:03.000]  It is better to question the judge, and it's not even a judge.
[50:03.000 --> 50:10.000]  It's like a really small room that you go into, and they don't even have a flag.
[50:10.000 --> 50:18.000]  And just basically to question the judge, or they call him administrative law judge, on his oath of office,
[50:18.000 --> 50:24.000]  on his letter of appointment or letter of qualification or something along those lines,
[50:24.000 --> 50:29.000]  I just wanted to know what you think about this strategy and if there's anything better that could be done.
[50:29.000 --> 50:31.000]  Well, I think that's right.
[50:31.000 --> 50:37.000]  A parking ticket you are not going to beat on the merits because the judge is not there
[50:37.000 --> 50:41.000]  about letting you win on the merits.
[50:41.000 --> 50:48.000]  He's there about collecting money and giving the semblance of due process
[50:48.000 --> 50:52.000]  when not actually giving the substance.
[50:52.000 --> 51:02.000]  So the judge has an agenda that does not include dismissing your ticket.
[51:02.000 --> 51:06.000]  So it's all about the money.
[51:06.000 --> 51:09.000]  So you have to make it look like it's going to cost enough,
[51:09.000 --> 51:13.000]  and I suggest you don't wait until you get in front of the judge.
[51:13.000 --> 51:17.000]  You do all of this in writing.
[51:17.000 --> 51:28.000]  Get motions in requesting the standing of the judge or the authority of the judge
[51:28.000 --> 51:36.000]  by way of production of all evidence of all oaths of office or requirements.
[51:36.000 --> 51:40.000]  Do you know what all of the requirements for the judge are?
[51:40.000 --> 51:42.000]  I do not.
[51:42.000 --> 51:44.000]  I'd like to look that up.
[51:44.000 --> 51:51.000]  Just do an internet search for whatever this judge is called.
[51:51.000 --> 51:54.000]  This is going to be, if he's doing traffic tickets,
[51:54.000 --> 51:59.000]  it's probably going to be not a lawyer, just some chump they pulled off the street
[51:59.000 --> 52:02.000]  and stuck in here.
[52:02.000 --> 52:11.000]  Find out who the judge is going to be, and then do a little search on the judge.
[52:11.000 --> 52:15.000]  When you do it by mail, they have maybe 100 judges.
[52:15.000 --> 52:18.000]  When you go there in person, there's about, I would say,
[52:18.000 --> 52:22.000]  I've been there before, about 20 in small rooms.
[52:22.000 --> 52:27.000]  Yeah, maybe a little bit more than 20 at any given time.
[52:27.000 --> 52:29.000]  Twenty judges?
[52:29.000 --> 52:30.000]  Yes, at least.
[52:30.000 --> 52:33.000]  Maybe more, a little more.
[52:33.000 --> 52:37.000]  It's all complete sham, I think.
[52:37.000 --> 52:44.000]  It's not really real, but like you say, it has a semblance of trying to make it look real.
[52:44.000 --> 52:53.000]  Okay, okay, just do a request for the OSU office of all of the judges.
[52:53.000 --> 52:54.000]  Right.
[52:54.000 --> 52:58.000]  If they want to charge you an exorbitant amount for copies,
[52:58.000 --> 53:05.000]  do a request for access to the record for inspection.
[53:05.000 --> 53:14.000]  In my information requests, I stipulate that this is not a request for copies.
[53:14.000 --> 53:21.000]  I demand access to the actual documents for inspection
[53:21.000 --> 53:26.000]  because they want to charge you a whole bunch of money to look at the documents.
[53:26.000 --> 53:31.000]  I recently filed a request with the Texas State Securities Board,
[53:31.000 --> 53:37.000]  and I requested listings of all of the records,
[53:37.000 --> 53:43.000]  and I stipulated that I did not want actual records.
[53:43.000 --> 53:46.000]  I was not requesting actual records,
[53:46.000 --> 53:50.000]  but rather a listing of the existence of the records
[53:50.000 --> 53:57.000]  and the substantive scope and content of the records, not the actual content.
[53:57.000 --> 54:04.000]  She sent me a notice that in order for the department
[54:04.000 --> 54:09.000]  to prepare all of the documents I requested to see,
[54:09.000 --> 54:15.000]  I would have to give them a $4,000 deposit.
[54:15.000 --> 54:20.000]  Well, I'm going to ask the grand jury to indict her for that
[54:20.000 --> 54:22.000]  because I didn't ask for any copies.
[54:22.000 --> 54:26.000]  I stipulated that I did not want any copies.
[54:26.000 --> 54:30.000]  This is not to be construed as a request for copies.
[54:30.000 --> 54:34.000]  Part of that was hard for her to understand.
[54:34.000 --> 54:39.000]  So let's do that information request first.
[54:39.000 --> 54:42.000]  This kind of sends them up a red flag.
[54:42.000 --> 54:48.000]  But can the letter of qualification be added to that office request
[54:48.000 --> 54:50.000]  or that has to be done separately?
[54:50.000 --> 54:54.000]  Okay, a letter of what?
[54:54.000 --> 54:59.000]  I thought most justices have to have either a letter of appointment
[54:59.000 --> 55:02.000]  or a letter of qualification for both.
[55:02.000 --> 55:05.000]  You can't just guess.
[55:05.000 --> 55:11.000]  It would probably take five minutes to find this on an Internet search.
[55:11.000 --> 55:15.000]  Put parking ticket judges qualifications.
[55:15.000 --> 55:18.000]  You'll probably get a hit on it, New York.
[55:18.000 --> 55:20.000]  Is this New York City?
[55:20.000 --> 55:22.000]  Yes.
[55:22.000 --> 55:26.000]  Just put New York, New York, and that'll be even better.
[55:26.000 --> 55:30.000]  And probably your first hit, you'll get right on it.
[55:30.000 --> 55:34.000]  The Internet is an absolutely incredible resource.
[55:34.000 --> 55:36.000]  I don't even use Lexus anymore.
[55:36.000 --> 55:39.000]  Lexus is a pain in the neck.
[55:39.000 --> 55:45.000]  I can find better stuff quicker on the Internet than I can on Lexus.
[55:45.000 --> 55:50.000]  So you've got an issue on a traffic ticket on the judges.
[55:50.000 --> 55:52.000]  You do research on that.
[55:52.000 --> 55:56.000]  There's probably a bunch of other people who's had the issue,
[55:56.000 --> 56:00.000]  and they've posted documents concerning the issue.
[56:00.000 --> 56:02.000]  You'll find a whole lot of information.
[56:02.000 --> 56:04.000]  You've got to do your homework.
[56:04.000 --> 56:09.000]  Well, I did before on traffic judges, but on parking, they are not even...
[56:09.000 --> 56:13.000]  First of all, they're held in completely different locations,
[56:13.000 --> 56:15.000]  and they're not the same judges.
[56:15.000 --> 56:19.000]  They don't have judges that were both the traffic bureau and the parking bureau.
[56:19.000 --> 56:22.000]  The way it's set up is different.
[56:22.000 --> 56:25.000]  And like you said, most of the park...
[56:25.000 --> 56:28.000]  I think all of the parking ticket justices are not real judges.
[56:28.000 --> 56:31.000]  I don't think they are qualified to be justices,
[56:31.000 --> 56:34.000]  because most of them are very young, I mean, really young.
[56:34.000 --> 56:36.000]  Some didn't even...
[56:36.000 --> 56:38.000]  I mean, I don't know their qualifications are good or not,
[56:38.000 --> 56:40.000]  but they are just...
[56:40.000 --> 56:42.000]  They don't even have a semblance of being a judge.
[56:42.000 --> 56:44.000]  When you go to a court, you can see...
[56:44.000 --> 56:45.000]  Okay, wait a minute.
[56:45.000 --> 56:47.000]  We didn't ask the first question we should have asked.
[56:47.000 --> 56:50.000]  What do you want to do about this ticket?
[56:50.000 --> 56:52.000]  I want to dismiss it.
[56:52.000 --> 56:53.000]  Why?
[56:53.000 --> 56:55.000]  Or have it dismissed.
[56:55.000 --> 56:56.000]  Well, it was...
[56:56.000 --> 56:59.000]  First of all, it was written wrong.
[56:59.000 --> 57:01.000]  It was incorrectly written, but again,
[57:01.000 --> 57:03.000]  I want to try one time not to fight it on the merits,
[57:03.000 --> 57:06.000]  but to actually, like you suggested,
[57:06.000 --> 57:08.000]  and someone else suggested to me before,
[57:08.000 --> 57:12.000]  to actually have it dismissed because of a lack of the jurisdiction
[57:12.000 --> 57:14.000]  on the part of the judge to be able to even hear the...
[57:14.000 --> 57:18.000]  You're not understanding my question.
[57:18.000 --> 57:23.000]  It is going to cost you in time and expenses
[57:23.000 --> 57:28.000]  a lot more than it would cost you to pay the parking ticket.
[57:28.000 --> 57:34.000]  So why would you be willing to expend this extra time, energy,
[57:34.000 --> 57:37.000]  and money in order to fight the ticket?
[57:37.000 --> 57:40.000]  What are you trying to accomplish?
[57:40.000 --> 57:41.000]  I'm trying to...
[57:41.000 --> 57:44.000]  I'm not being critical or facetious.
[57:44.000 --> 57:45.000]  Right, right.
[57:45.000 --> 57:50.000]  Well, trying to make sure they do not issue tickets like that again.
[57:50.000 --> 57:52.000]  You know, I know there's...
[57:52.000 --> 57:55.000]  Okay, now that's something we can deal with.
[57:55.000 --> 57:58.000]  We're about to go to our top of the hour break,
[57:58.000 --> 58:02.000]  but when we come back on the other side,
[58:02.000 --> 58:04.000]  now that I know what you're trying to achieve,
[58:04.000 --> 58:08.000]  now we can talk about some things that will help you do that.
[58:08.000 --> 58:13.000]  And the best way to get them to stop doing that kind of thing
[58:13.000 --> 58:18.000]  is introduce them to the pro se from hell.
[58:18.000 --> 58:21.000]  And we'll talk about how to do that on the way back.
[58:21.000 --> 58:26.000]  As a pro se, you can do things lawyers can't do.
[58:26.000 --> 58:29.000]  They're used to pro se's not knowing what they're doing
[58:29.000 --> 58:31.000]  and not doing it right.
[58:31.000 --> 58:36.000]  They're not used to pro se's not doing it right on purpose,
[58:36.000 --> 58:41.000]  but specifically designing what they do to make their lives miserable.
[58:41.000 --> 58:44.000]  And we'll talk about that when we come back on the other side.
[58:44.000 --> 58:46.000]  This is Randy Calvin Davis-Stevens,
[58:46.000 --> 58:50.000]  Rule of Our Radio, 512-646-1985.
[58:50.000 --> 58:54.000]  The Bible remains the most popular book in the world,
[58:54.000 --> 58:56.000]  yet countless readers are frustrated
[58:56.000 --> 58:58.000]  because they struggle to understand it.
[58:58.000 --> 59:02.000]  Some new translations try to help by simplifying the text,
[59:02.000 --> 59:07.000]  but in the process can compromise the profound meaning of the Scripture.
[59:07.000 --> 59:09.000]  Enter the recovery version.
[59:09.000 --> 59:13.000]  First, this new translation is extremely faithful and accurate,
[59:13.000 --> 59:18.000]  but the real story is the more than 9,000 explanatory footnotes.
[59:18.000 --> 59:22.000]  Difficult and profound passages are opened up in a marvelous way,
[59:22.000 --> 59:25.000]  providing an entrance into the riches of the Word
[59:25.000 --> 59:28.000]  beyond which you've ever experienced before.
[59:28.000 --> 59:31.000]  Bibles for America would like to give you a free recovery version
[59:31.000 --> 59:33.000]  simply for the asking.
[59:33.000 --> 59:36.000]  This comprehensive yet compact study Bible is yours
[59:36.000 --> 59:43.000]  just by calling us toll free at 1-888-551-0102
[59:43.000 --> 59:47.000]  or by ordering online at freestudybible.com.
[59:47.000 --> 59:50.000]  That's freestudybible.com.
[59:50.000 --> 01:00:03.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:03.000 --> 01:00:05.000]  You're listening to the Liberty Beat,
[01:00:05.000 --> 01:00:09.000]  your daily source for Liberty news and activist updates,
[01:00:09.000 --> 01:00:15.000]  online at thelibertybeat.com.
[01:00:15.000 --> 01:00:16.000]  This is Justin Armand.
[01:00:16.000 --> 01:00:18.000]  And this is Jessica Armand.
[01:00:18.000 --> 01:00:23.000]  Here with your Liberty Beat for Thursday, September 26, 2013.
[01:00:23.000 --> 01:00:27.000]  Gold opens today at $1,333.00.
[01:00:27.000 --> 01:00:30.000]  Silver at $21.82.
[01:00:30.000 --> 01:00:35.000]  And Bitcoin is trading at $124.40.
[01:00:35.000 --> 01:00:39.000]  Support for the Liberty Beat comes from Parents for Liberty.
[01:00:39.000 --> 01:00:41.000]  They're having a $5.00 money bomb today,
[01:00:41.000 --> 01:00:44.000]  which is the last day of their Indiegogo fundraiser.
[01:00:44.000 --> 01:00:46.000]  If you support Education Liberty,
[01:00:46.000 --> 01:00:50.000]  please donate today at parentsforliberty.org.
[01:00:50.000 --> 01:00:52.000]  And now the news.
[01:00:52.000 --> 01:00:55.000]  The Obama Administration has revealed that average cost
[01:00:55.000 --> 01:00:59.000]  of an insurance premium for Americans using a mid-tier health insurance plan
[01:00:59.000 --> 01:01:02.000]  will be $328.00 with claimed opportunities
[01:01:02.000 --> 01:01:09.000]  to use government subsidies to lower the price.
[01:01:09.000 --> 01:01:12.000]  A new study published in the journal Clinical Neurophysiology
[01:01:12.000 --> 01:01:16.000]  has shown an increase in brain activity related to short-term use
[01:01:16.000 --> 01:01:18.000]  of 4G cell phone technology.
[01:01:18.000 --> 01:01:21.000]  The researchers employed a double-blind, crossover,
[01:01:21.000 --> 01:01:26.000]  randomized and counterbalanced design to eliminate any possible bias in the study.
[01:01:26.000 --> 01:01:31.000]  They exposed the right ear of 18 participants to cell phone radiation for 30 minutes
[01:01:31.000 --> 01:01:35.000]  and found that not only does LTE exposure affect neural activity
[01:01:35.000 --> 01:01:40.000]  in the region closest to the cell phone, but in the remote region as well.
[01:01:40.000 --> 01:01:43.000]  There is considerable evidence that long-term cell phone use
[01:01:43.000 --> 01:01:46.000]  is associated with various health risks,
[01:01:46.000 --> 01:01:49.000]  including increased risk of head and neck cancer,
[01:01:49.000 --> 01:01:53.000]  sperm damage and reproductive health consequences in offspring.
[01:01:53.000 --> 01:01:56.000]  Cell phone users, especially pregnant women and children,
[01:01:56.000 --> 01:01:58.000]  should limit their cell phone use.
[01:01:58.000 --> 01:02:02.000]  It is also recommended that cell phones should not be kept near the head,
[01:02:02.000 --> 01:02:08.000]  breast or reproductive organs when the phone is turned on.
[01:02:08.000 --> 01:02:11.000]  According to a recent poll by the firm YouGov,
[01:02:11.000 --> 01:02:14.000]  Canadians support a new investigation into the events
[01:02:14.000 --> 01:02:17.000]  surrounding the attacks on September 11, 2001.
[01:02:17.000 --> 01:02:21.000]  The poll found that 36% of Canadians would support an international body
[01:02:21.000 --> 01:02:25.000]  to investigate the events, while 30% neither support nor oppose,
[01:02:25.000 --> 01:02:32.000]  with 27% opposed to the investigation.
[01:02:32.000 --> 01:02:35.000]  26 years in a federal prison on dubious charges.
[01:02:35.000 --> 01:02:38.000]  That's the fate of political activist Schaefer Cox.
[01:02:38.000 --> 01:02:42.000]  Caged earlier this year following his conviction on nine felony counts,
[01:02:42.000 --> 01:02:45.000]  including conspiracy and possessing illegal weapons,
[01:02:45.000 --> 01:02:48.000]  friends and supporters paint a different picture of the 29-year-old,
[01:02:48.000 --> 01:02:51.000]  calling him a gentle and brilliant man who only wanted liberty restored,
[01:02:51.000 --> 01:02:54.000]  both for the country and for all individuals.
[01:02:54.000 --> 01:02:56.000]  You've been listening to the Liberty Beat.
[01:02:56.000 --> 01:03:00.000]  Remember, freeing your mind is freeing our world.
[01:03:00.000 --> 01:03:09.000]  They want to charge up Babylon, and burn down the whole nation,
[01:03:09.000 --> 01:03:12.000]  but they don't want to break the land rock.
[01:03:12.000 --> 01:03:15.000]  I'm going to say Republican and Democrats, man.
[01:03:15.000 --> 01:03:17.000]  Tell them I'm in the back area.
[01:03:17.000 --> 01:03:19.000]  They'll say we're back through, but we're not doing it.
[01:03:19.000 --> 01:03:21.000]  But we're not going to watch.
[01:03:21.000 --> 01:03:25.000]  Child love justice, child love rules.
[01:03:25.000 --> 01:03:27.000]  And what we say?
[01:03:27.000 --> 01:03:30.000]  Child love rules, and let me tell them.
[01:03:30.000 --> 01:03:37.000]  Child love justice, child love rules.
[01:03:37.000 --> 01:03:41.000]  Child love rules, and what we say?
[01:03:41.000 --> 01:03:45.000]  Child love rules, and what we say?
[01:03:45.000 --> 01:03:48.000]  One of them when they charge, let me see.
[01:03:48.000 --> 01:03:51.000]  Say all man was created equally.
[01:03:51.000 --> 01:03:55.000]  Charge down Babylon and do it daily.
[01:03:55.000 --> 01:03:59.000]  And when night come, give to everybody.
[01:03:59.000 --> 01:04:02.000]  So one by one, we have to charge them, man.
[01:04:02.000 --> 01:04:06.000]  We charge down Babylon, because Babylon is wrong.
[01:04:06.000 --> 01:04:09.000]  The only right man, we say, is the rascal, man.
[01:04:09.000 --> 01:04:13.000]  We take, we say, Lord, man, devout young man,
[01:04:13.000 --> 01:04:15.000]  to charge down Babylon.
[01:04:15.000 --> 01:04:16.000]  No, not later.
[01:04:16.000 --> 01:04:20.000]  To let Babylon know, say, we're getting greater.
[01:04:20.000 --> 01:04:24.000]  We fight the donkeys, we say, children of me.
[01:04:24.000 --> 01:04:25.000]  OK, we are back.
[01:04:25.000 --> 01:04:29.000]  Randy Kelton, Debra Stevens, Aidy Craig.
[01:04:29.000 --> 01:04:33.000]  I brought him in because we're going to bring him in.
[01:04:33.000 --> 01:04:35.000]  Gary, you started something here.
[01:04:35.000 --> 01:04:38.000]  We got somebody who actually wants to go after these guys,
[01:04:38.000 --> 01:04:41.000]  do the right thing for the right reason,
[01:04:41.000 --> 01:04:43.000]  and break them from sucking eggs.
[01:04:43.000 --> 01:04:47.000]  You will find that this is so much fun.
[01:04:47.000 --> 01:04:49.000]  You will have a great time.
[01:04:49.000 --> 01:04:52.000]  When you start going after them, it changes everything.
[01:04:52.000 --> 01:04:57.000]  And Debra has done some research while she was on the break.
[01:04:57.000 --> 01:05:00.000]  And Aidy's going to try to call in.
[01:05:00.000 --> 01:05:01.000]  He's going to have some input.
[01:05:01.000 --> 01:05:03.000]  So now we're going to go to Deb.
[01:05:03.000 --> 01:05:06.000]  OK, yes, I did some research during this past segment
[01:05:06.000 --> 01:05:09.000]  while y'all were talking and also on the break
[01:05:09.000 --> 01:05:14.000]  to see if I could get Lisa Barebone's grip on what's going on here
[01:05:14.000 --> 01:05:16.000]  with the city of New York and his parking tickets.
[01:05:16.000 --> 01:05:20.000]  And I found out some interesting stuff already.
[01:05:20.000 --> 01:05:25.000]  OK, Gary, this is an administrative proceeding.
[01:05:25.000 --> 01:05:32.000]  And it is supposed to be conducted by an administrative law judge.
[01:05:32.000 --> 01:05:37.000]  So this is basically the process.
[01:05:37.000 --> 01:05:42.000]  You can have a hearing either online or in person,
[01:05:42.000 --> 01:05:46.000]  which I certainly would not recommend an online hearing.
[01:05:46.000 --> 01:05:50.000]  I definitely would recommend, if you want to fight this, an in-person hearing.
[01:05:50.000 --> 01:05:55.000]  But listen, you can also do hearing by mail, which I would also...
[01:05:55.000 --> 01:05:58.000]  That actually could be a better way to go,
[01:05:58.000 --> 01:06:00.000]  because then everything is in writing.
[01:06:00.000 --> 01:06:04.000]  All right, here's the thing.
[01:06:04.000 --> 01:06:07.000]  Before I continue, Randy's right.
[01:06:07.000 --> 01:06:12.000]  If you want to fight this, it's going to be a lot of trouble and a lot of time.
[01:06:12.000 --> 01:06:16.000]  The basic outline of how it works in the city of New York is
[01:06:16.000 --> 01:06:21.000]  these administrative proceedings are run by the Department of Finance.
[01:06:21.000 --> 01:06:23.000]  And it says right here on their website,
[01:06:23.000 --> 01:06:28.000]  they collect over $30 billion in revenue for the city, et cetera, et cetera.
[01:06:28.000 --> 01:06:31.000]  They run the parking ticket scheme and all of that.
[01:06:31.000 --> 01:06:35.000]  Now, you can have a hearing either in mail, online or in person.
[01:06:35.000 --> 01:06:36.000]  Mail may actually be a good way to go.
[01:06:36.000 --> 01:06:38.000]  We can talk about that.
[01:06:38.000 --> 01:06:41.000]  If you don't like the outcome of the hearing, the administrative hearing,
[01:06:41.000 --> 01:06:45.000]  you can appeal to the administrative appeal board.
[01:06:45.000 --> 01:06:50.000]  All right, if you don't like that, if you want to appeal that decision,
[01:06:50.000 --> 01:06:53.000]  your next option, your next and only option is to file
[01:06:53.000 --> 01:06:58.000]  what's called an Article 78 proceeding with the Supreme Court
[01:06:58.000 --> 01:07:03.000]  of the State of New York to challenge the administrative order.
[01:07:03.000 --> 01:07:07.000]  All right, so that's your only opportunity to take it into court.
[01:07:07.000 --> 01:07:09.000]  Now, I have a few thoughts on this.
[01:07:09.000 --> 01:07:11.000]  Number one, and Eddie's calling in too.
[01:07:11.000 --> 01:07:13.000]  I'm going to bring him up in just a moment.
[01:07:13.000 --> 01:07:21.000]  Number one, what is the activity that they're accusing you of being engaged in
[01:07:21.000 --> 01:07:24.000]  in order for them to have authority to regulate you?
[01:07:24.000 --> 01:07:27.000]  All right, did you ever have any kind of an agreement
[01:07:27.000 --> 01:07:30.000]  with the Department of Finance of New York City?
[01:07:30.000 --> 01:07:33.000]  All right, if you don't have any commercial nexus,
[01:07:33.000 --> 01:07:36.000]  any commercial agreement with the city of New York,
[01:07:36.000 --> 01:07:40.000]  then you can challenge it basically.
[01:07:40.000 --> 01:07:42.000]  One way to challenge it is to say,
[01:07:42.000 --> 01:07:44.000]  I don't have any commercial agreement with you.
[01:07:44.000 --> 01:07:46.000]  I've got no commercial nexus with you.
[01:07:46.000 --> 01:07:49.000]  You do not have the authority to regulate me, period.
[01:07:49.000 --> 01:07:53.000]  All right, if the word vehicle is involved, parking of a vehicle,
[01:07:53.000 --> 01:07:56.000]  all right, then if you are in transportation,
[01:07:56.000 --> 01:07:59.000]  that might give them the authority to regulate you.
[01:07:59.000 --> 01:08:01.000]  Eddie's going to talk about that in a moment.
[01:08:01.000 --> 01:08:07.000]  The other thing that you can do, which I recommend for everybody,
[01:08:07.000 --> 01:08:14.000]  is you always say that I do not consent to any nonjudicial decision-making, period, okay?
[01:08:14.000 --> 01:08:22.000]  One technique that has been discussed is that involving any administrative hearing whatsoever
[01:08:22.000 --> 01:08:28.000]  that any government entity tries to drag you into, you go in there and you say,
[01:08:28.000 --> 01:08:31.000]  I am just here by special appearance only for one purpose,
[01:08:31.000 --> 01:08:37.000]  to challenge the jurisdiction of this administrative agency
[01:08:37.000 --> 01:08:41.000]  and to say that I object to all nonjudicial decision-making
[01:08:41.000 --> 01:08:43.000]  and that I have no agreement with you
[01:08:43.000 --> 01:08:46.000]  and I've never given you authority to regulate me, period.
[01:08:46.000 --> 01:08:49.000]  And, of course, what's going to happen is you're going to get railroaded.
[01:08:49.000 --> 01:08:51.000]  You'll get railroaded at the appeal,
[01:08:51.000 --> 01:08:58.000]  and then you'll have to file a lawsuit with the State Supreme Court of New York,
[01:08:58.000 --> 01:09:00.000]  a challenge to the administrative review.
[01:09:00.000 --> 01:09:04.000]  And in order for that suit to prevail,
[01:09:04.000 --> 01:09:07.000]  you're going to have to set everything up and do everything properly
[01:09:07.000 --> 01:09:09.000]  the whole way through the case.
[01:09:09.000 --> 01:09:13.000]  And it looks like Eddie just dropped, unfortunately.
[01:09:13.000 --> 01:09:17.000]  But I wanted him to get, hopefully, he will be able to call back in
[01:09:17.000 --> 01:09:21.000]  and discuss this issue about the vehicle.
[01:09:21.000 --> 01:09:24.000]  If the word vehicle appears on the ticket at all,
[01:09:24.000 --> 01:09:31.000]  you can possibly bring in the challenge to say, I'm not in transportation.
[01:09:31.000 --> 01:09:33.000]  This is not a vehicle.
[01:09:33.000 --> 01:09:35.000]  It's not a vehicle. It's not a motor vehicle.
[01:09:35.000 --> 01:09:37.000]  I wasn't driving. I'm not a driver.
[01:09:37.000 --> 01:09:40.000]  Now, of course, if you're a cab driver, then you can't make that argument.
[01:09:40.000 --> 01:09:43.000]  If you actually were engaged in transportation,
[01:09:43.000 --> 01:09:45.000]  like somebody who delivers pizzas or something,
[01:09:45.000 --> 01:09:51.000]  transportation means you're getting paid to deliver goods
[01:09:51.000 --> 01:09:54.000]  or passengers from point A to point B on the roads.
[01:09:54.000 --> 01:09:55.000]  That's what transportation is.
[01:09:55.000 --> 01:09:58.000]  Going to work is not transportation.
[01:09:58.000 --> 01:10:02.000]  You don't engage in commerce until you get to work.
[01:10:02.000 --> 01:10:07.000]  Well, in this particular case, the car I was driving is not even my car.
[01:10:07.000 --> 01:10:11.000]  I parked it where it says no standing any time,
[01:10:11.000 --> 01:10:16.000]  but I parked it right before the sign was supposed to sort of start,
[01:10:16.000 --> 01:10:18.000]  the location where it says no standing,
[01:10:18.000 --> 01:10:23.000]  and the person writing a ticket actually said front of car beyond sign.
[01:10:23.000 --> 01:10:25.000]  It wasn't front of car.
[01:10:25.000 --> 01:10:28.000]  It was maybe, well, technically it was front of car,
[01:10:28.000 --> 01:10:33.000]  but it was basically just basically only the license plate and the bumper,
[01:10:33.000 --> 01:10:34.000]  which was...
[01:10:34.000 --> 01:10:37.000]  Yeah, but, Gary, Gary, you're arguing the merits.
[01:10:37.000 --> 01:10:38.000]  Right, right, right, right.
[01:10:38.000 --> 01:10:43.000]  I'm just saying that the thing is that one of the reasons why I thought maybe,
[01:10:43.000 --> 01:10:46.000]  you know, I call in, I'm listening to you for a while,
[01:10:46.000 --> 01:10:51.000]  is I heard some really good advice before from Eddie and from Randy and from you,
[01:10:51.000 --> 01:10:56.000]  and one of the...I heard once, I'm not sure if it was on this radio or not,
[01:10:56.000 --> 01:10:59.000]  and also in New York, but this was in upstate New York,
[01:10:59.000 --> 01:11:02.000]  a gentleman got a ticket for an expired meter,
[01:11:02.000 --> 01:11:08.000]  and he fought it a different way. He went into public records,
[01:11:08.000 --> 01:11:14.000]  and he discovered that the location where he got the ticket,
[01:11:14.000 --> 01:11:18.000]  the property, which was a public road, so to speak,
[01:11:18.000 --> 01:11:21.000]  but apparently turned out to be wasn't a public road
[01:11:21.000 --> 01:11:27.000]  because the block and lot for that building next to which he was a meter,
[01:11:27.000 --> 01:11:33.000]  the territory extended all the way up to the middle of the road.
[01:11:33.000 --> 01:11:35.000]  Okay, so they didn't have jurisdiction.
[01:11:35.000 --> 01:11:37.000]  All right, look, Eddie's on the line, and he's also on the road,
[01:11:37.000 --> 01:11:40.000]  and he may be having a scattered cell phone coverage,
[01:11:40.000 --> 01:11:42.000]  so let me bring him in real quick.
[01:11:42.000 --> 01:11:44.000]  Okay, so, Eddie, what are your thoughts on this,
[01:11:44.000 --> 01:11:46.000]  and also will you please tell me what you told me on the break
[01:11:46.000 --> 01:11:51.000]  about the City of Austin and their parking ticket ordinance?
[01:11:51.000 --> 01:11:55.000]  Well, the City of Austin parking ticket stuff is in the city code,
[01:11:55.000 --> 01:12:01.000]  and under Title 12, everything there says it applies to government-owned vehicles,
[01:12:01.000 --> 01:12:06.000]  things that it can regulate. It's owned and operated by the government.
[01:12:06.000 --> 01:12:10.000]  Now, as far as challenging the administrative jurisdiction of this,
[01:12:10.000 --> 01:12:13.000]  this goes to the same thing it always does when it's administrative.
[01:12:13.000 --> 01:12:17.000]  First off, who's regulating and what are they regulating,
[01:12:17.000 --> 01:12:21.000]  and are you engaged in the activity being regulated?
[01:12:21.000 --> 01:12:25.000]  Now, in this particular case when we're talking about parking, the issue becomes,
[01:12:25.000 --> 01:12:30.000]  one, has the street been marked as designated for parking?
[01:12:30.000 --> 01:12:35.000]  If it has, the people cannot be charged to use it.
[01:12:35.000 --> 01:12:38.000]  We already paid for the roads.
[01:12:38.000 --> 01:12:42.000]  The only people that can be charged to use it are those engaged in
[01:12:42.000 --> 01:12:47.000]  irregular activities such as delivery drivers and things like that,
[01:12:47.000 --> 01:12:51.000]  because they're the ones taking up the use of that space for private gain.
[01:12:51.000 --> 01:12:53.000]  It's not the public.
[01:12:53.000 --> 01:12:58.000]  The public has a right to use that if it's been designated for that.
[01:12:58.000 --> 01:13:10.000]  But again, that goes back to the commercial nature of the not-in-transportation argument.
[01:13:10.000 --> 01:13:19.000]  There's a lot to this,
[01:13:19.000 --> 01:13:26.000]  but this will give you good hands-on experience dealing with those guys
[01:13:26.000 --> 01:13:32.000]  and a valuable rule of practice.
[01:13:32.000 --> 01:13:39.000]  Always expect the other side to rule against you out of hand at every turn.
[01:13:39.000 --> 01:13:43.000]  This is a chess match, not checkers.
[01:13:43.000 --> 01:13:47.000]  Checkers, you jump the guy's piece and you take it.
[01:13:47.000 --> 01:13:50.000]  Chess, you apply pressure.
[01:13:50.000 --> 01:13:55.000]  You try to stay a couple of moves ahead of them.
[01:13:55.000 --> 01:13:58.000]  And going through a couple of these,
[01:13:58.000 --> 01:14:04.000]  first when you go through you'll find out all the garbage that they try to pull.
[01:14:04.000 --> 01:14:10.000]  And then if you do it right, then you will set them up so that when they pull that garbage,
[01:14:10.000 --> 01:14:14.000]  you've got something else to do to them.
[01:14:14.000 --> 01:14:18.000]  So, Eddie, if the parking issue...
[01:14:18.000 --> 01:14:26.000]  Let's say it's not like it is in Austin where parking tickets can only be issued to government-owned vehicles.
[01:14:26.000 --> 01:14:31.000]  Let's say it does apply to the general public
[01:14:31.000 --> 01:14:35.000]  if they're engaged in a regulable activity.
[01:14:35.000 --> 01:14:40.000]  So say the parking ticket has the word vehicle on it.
[01:14:40.000 --> 01:14:44.000]  Could a defense be if he brings in the,
[01:14:44.000 --> 01:14:49.000]  I'm not in transportation issue, this is not a vehicle, I wasn't driving,
[01:14:49.000 --> 01:14:53.000]  so therefore this is not a regulable activity?
[01:14:53.000 --> 01:14:58.000]  Absolutely, because again, it's only a vehicle if its use is commercial.
[01:14:58.000 --> 01:15:05.000]  It's only a motor vehicle and they're only operators and drivers if the use is commercial.
[01:15:05.000 --> 01:15:09.000]  It's all about the use of what they're ticketing
[01:15:09.000 --> 01:15:12.000]  and the use has to be in something they can regulate.
[01:15:12.000 --> 01:15:16.000]  And commercial is all they've got.
[01:15:16.000 --> 01:15:17.000]  Okay, so Gary...
[01:15:17.000 --> 01:15:21.000]  The only other thing they could possibly regulate would be like parking in front of a fire hydrant.
[01:15:21.000 --> 01:15:24.000]  Then it becomes a health and safety issue for the public.
[01:15:24.000 --> 01:15:28.000]  Otherwise, it's not.
[01:15:28.000 --> 01:15:34.000]  Okay, so Gary, does it say anything on the parking ticket about the word vehicle on there anywhere?
[01:15:34.000 --> 01:15:39.000]  Yes, they all say it says owner of the vehicle bearing license
[01:15:39.000 --> 01:15:43.000]  and then it says the plate number, the CD, the expiration date,
[01:15:43.000 --> 01:15:47.000]  the state in which the registration has been issued, the make.
[01:15:47.000 --> 01:15:53.000]  Right, now look and see if any of what the particular ordinance is or codes or whatever they're citing
[01:15:53.000 --> 01:15:55.000]  give a definition for that.
[01:15:55.000 --> 01:15:58.000]  There's a good chance that if it doesn't,
[01:15:58.000 --> 01:16:07.000]  then they're telling you to refer back to your state's motor vehicle or transportation code for the definition.
[01:16:07.000 --> 01:16:09.000]  Okay, so that is an argument.
[01:16:09.000 --> 01:16:14.000]  See, Gary, going to the merits is never going to work, especially in a situation like this.
[01:16:14.000 --> 01:16:23.000]  Our only hope is to establish a fact pattern that you were not engaged in a regulable activity
[01:16:23.000 --> 01:16:28.000]  that they are asserting that they can regulate you over.
[01:16:28.000 --> 01:16:33.000]  Okay, and so the transportation code is a good way to start on that
[01:16:33.000 --> 01:16:36.000]  because you just say this isn't a vehicle.
[01:16:36.000 --> 01:16:42.000]  All right, just because you are licensed to engage in commerce on the roadways,
[01:16:42.000 --> 01:16:46.000]  that doesn't necessarily mean that you were in transportation
[01:16:46.000 --> 01:16:51.000]  at the time that the car was parked on the side of the road there.
[01:16:51.000 --> 01:16:55.000]  All right, you weren't using the license.
[01:16:55.000 --> 01:16:56.000]  You weren't in commerce.
[01:16:56.000 --> 01:17:01.000]  All right, we'll be right back.
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[01:19:23.000 --> 01:19:46.000]  Okay, folks, we are back.
[01:19:46.000 --> 01:19:50.000]  This is the rule of law, Rainy Kelton, Eddie Craig, and Deborah Stevens.
[01:19:50.000 --> 01:19:53.000]  The three amigos right again.
[01:19:53.000 --> 01:19:55.000]  But Eddie did have to drop off.
[01:19:55.000 --> 01:20:00.000]  He was traveling in his car and wasn't getting very good cell phone reception.
[01:20:00.000 --> 01:20:03.000]  But he pretty much said everything he wanted to say,
[01:20:03.000 --> 01:20:08.000]  at least without seeing the documents or without doing any further research.
[01:20:08.000 --> 01:20:12.000]  I do have some further comments, though, about this whole thing.
[01:20:12.000 --> 01:20:17.000]  All right, Gary, there are several points of challenge of this.
[01:20:17.000 --> 01:20:25.000]  For one thing, since it says vehicle, you challenge it on the grounds that by saying,
[01:20:25.000 --> 01:20:28.000]  I was not in transportation, I was not in commerce,
[01:20:28.000 --> 01:20:38.000]  I was not engaged in any regulable activity that you are attempting to regulate me concerning.
[01:20:38.000 --> 01:20:41.000]  All right, because if you're traveling, it's not a vehicle.
[01:20:41.000 --> 01:20:44.000]  All right, if you've heard Eddie show much,
[01:20:44.000 --> 01:20:48.000]  this is something that we discuss all the time.
[01:20:48.000 --> 01:20:57.000]  Certain words that we use in our common English language can definitely be used against us
[01:20:57.000 --> 01:21:05.000]  to ensnare us and trap us into a cragmire of commercial nex I with the government.
[01:21:05.000 --> 01:21:06.000]  And they know this.
[01:21:06.000 --> 01:21:08.000]  They set it up on purpose this way.
[01:21:08.000 --> 01:21:13.000]  I know this may be a new concept to a lot of people, but it's really true.
[01:21:13.000 --> 01:21:21.000]  All statutes, all laws, all ordinances, everything, all regulatory schemes,
[01:21:21.000 --> 01:21:25.000]  everything is by commercial agreement, all of it.
[01:21:25.000 --> 01:21:31.000]  The only laws that are binding upon the citizenry, we as citizens,
[01:21:31.000 --> 01:21:36.000]  that are binding upon us whether we agree to it or not are common law crimes.
[01:21:36.000 --> 01:21:37.000]  That's it.
[01:21:37.000 --> 01:21:39.000]  Everything else is by agreement.
[01:21:39.000 --> 01:21:41.000]  Statute doesn't apply to you.
[01:21:41.000 --> 01:21:42.000]  The law doesn't apply to you.
[01:21:42.000 --> 01:21:45.000]  None of it applies to you if you did not agree to it.
[01:21:45.000 --> 01:21:52.000]  All right, now most people, 99.99% of the people out there have ensnared themselves.
[01:21:52.000 --> 01:21:56.000]  Seriously, a complete cragmire of commercial agreements can be very difficult to get out of,
[01:21:56.000 --> 01:21:58.000]  and you don't even know how you did it.
[01:21:58.000 --> 01:22:00.000]  All right, and some people have said,
[01:22:00.000 --> 01:22:07.000]  well, can you sue to get out of it based on fraud by deception and nondisclosure?
[01:22:07.000 --> 01:22:12.000]  That's a legal discussion that we are currently engaged in.
[01:22:12.000 --> 01:22:16.000]  Some experts say the answer is no, you just have to get out of it.
[01:22:16.000 --> 01:22:20.000]  All right, but like the bottom line is in your case,
[01:22:20.000 --> 01:22:23.000]  there's a couple of areas that you can challenge their jurisdiction,
[01:22:23.000 --> 01:22:25.000]  their administrative jurisdiction.
[01:22:25.000 --> 01:22:28.000]  Number one, you say you weren't in transportation, period.
[01:22:28.000 --> 01:22:31.000]  Okay, just because you have a driver's license, all right,
[01:22:31.000 --> 01:22:38.000]  words like driving, vehicle, motor vehicle, transportation, those are all commercial terms.
[01:22:38.000 --> 01:22:41.000]  All right, you have to say car.
[01:22:41.000 --> 01:22:43.000]  You have to say operate.
[01:22:43.000 --> 01:22:44.000]  That's another biggie.
[01:22:44.000 --> 01:22:46.000]  I was not operating a motor vehicle.
[01:22:46.000 --> 01:22:51.000]  All right, so you have to look at, first thing you need to do is look up the city ordinance,
[01:22:51.000 --> 01:22:58.000]  look up the city code, and read what it says in detail concerning the traffic ordinances.
[01:22:58.000 --> 01:23:02.000]  And like Eddie was saying, if they don't define the words like vehicle,
[01:23:02.000 --> 01:23:10.000]  then most likely it's going to say somewhere in the code to refer back to the state transportation code
[01:23:10.000 --> 01:23:12.000]  and all transportation.
[01:23:12.000 --> 01:23:14.000]  They're not going to define the word transportation either, but that's okay.
[01:23:14.000 --> 01:23:15.000]  They don't have to.
[01:23:15.000 --> 01:23:21.000]  The Supreme Court has already ruled twice that the word transportation means commerce, period.
[01:23:21.000 --> 01:23:25.000]  And you cannot be compelled to engage in commerce.
[01:23:25.000 --> 01:23:30.000]  You cannot be compelled to consent to being regulated.
[01:23:30.000 --> 01:23:33.000]  You have to agree to it.
[01:23:33.000 --> 01:23:39.000]  All right, and you also cannot be compelled to consent to nonjudicial decision-making,
[01:23:39.000 --> 01:23:41.000]  in other words, administrative.
[01:23:41.000 --> 01:23:45.000]  All right, that is a Supreme Court case.
[01:23:45.000 --> 01:23:55.000]  We always cite in all of our documents pretty much every time is Gonzales v. U.S. 553, U.S. 242.
[01:23:55.000 --> 01:24:01.000]  I'll say it again, Gonzales v. United States 553, U.S. 242.
[01:24:01.000 --> 01:24:08.000]  That was May 12, 2008, concerning objections to nonjudicial decision-making.
[01:24:08.000 --> 01:24:17.000]  They cannot compel you to consent to nonjudicial decision-making, and administrative hearings are exactly that.
[01:24:17.000 --> 01:24:24.000]  But, however, the thing is most people have already consented by proxy of various means.
[01:24:24.000 --> 01:24:30.000]  All right, now this is a parking ticket, so you didn't have the opportunity, thankfully,
[01:24:30.000 --> 01:24:35.000]  to screw things up at the time of like a traffic stop, for example,
[01:24:35.000 --> 01:24:39.000]  by doing something like just handing over a driver's license when a police officer asks for it.
[01:24:39.000 --> 01:24:42.000]  That's prima facie evidence that you're engaged in transportation.
[01:24:42.000 --> 01:24:46.000]  You have to make it clear that you're not in transportation, and we can go over that later.
[01:24:46.000 --> 01:24:51.000]  But at any rate, this is what the special appearance is for.
[01:24:51.000 --> 01:24:57.000]  Every time you challenge subject matter jurisdiction of a court or an administrative entity
[01:24:57.000 --> 01:25:00.000]  or administrative board or administrative court or whatever,
[01:25:00.000 --> 01:25:08.000]  you always make what's called a special appearance for the purpose of challenging the subject matter jurisdiction.
[01:25:08.000 --> 01:25:12.000]  You never just make a general appearance, because if you make a general appearance,
[01:25:12.000 --> 01:25:15.000]  then you've just consented to their impersonal jurisdiction.
[01:25:15.000 --> 01:25:21.000]  All right, you make a special appearance for the purpose of challenging their subject matter
[01:25:21.000 --> 01:25:27.000]  and impersonal jurisdiction, and there are several grounds for challenge.
[01:25:27.000 --> 01:25:31.000]  Number one, it's going to have something to do with transportation,
[01:25:31.000 --> 01:25:34.000]  and so you say, I was not in transportation.
[01:25:34.000 --> 01:25:36.000]  All right, this is not a vehicle.
[01:25:36.000 --> 01:25:38.000]  I was not in transportation.
[01:25:38.000 --> 01:25:39.000]  I was not in commerce, period.
[01:25:39.000 --> 01:25:47.000]  There's another way that you can challenge their jurisdiction as well in this administrative entity,
[01:25:47.000 --> 01:25:49.000]  this Department of Finance.
[01:25:49.000 --> 01:25:54.000]  You could say, I never made any kind of commercial agreement with the City of New York, period.
[01:25:54.000 --> 01:25:57.000]  You don't have authority to regulate me.
[01:25:57.000 --> 01:25:59.000]  Number one, I'm not engaged in a regulable activity.
[01:25:59.000 --> 01:26:04.000]  Number two, I never had any commercial agreement with your company.
[01:26:04.000 --> 01:26:08.000]  We use that word, your company, all right, because it is a company.
[01:26:08.000 --> 01:26:09.000]  It's a municipality.
[01:26:09.000 --> 01:26:15.000]  Municipalities function in two ways, as a governmental entity and also as a corporation.
[01:26:15.000 --> 01:26:19.000]  They have both functions, and if it has to do with regulation,
[01:26:19.000 --> 01:26:24.000]  it involves the corporate side, not the government side.
[01:26:24.000 --> 01:26:28.000]  And so you say, I never had any contract or agreement with your company.
[01:26:28.000 --> 01:26:35.000]  Now, unfortunately, most people probably do have a commercial agreement with their municipality
[01:26:35.000 --> 01:26:43.000]  if they own property and pay property taxes, and the city is listed as a beneficiary of the tax bill.
[01:26:43.000 --> 01:26:44.000]  You just hose yourself.
[01:26:44.000 --> 01:26:50.000]  Okay, that is, if you're paying property taxes in the city, the municipality itself,
[01:26:50.000 --> 01:26:53.000]  not necessarily the independent school district, that's different.
[01:26:53.000 --> 01:26:59.000]  But if the municipality is listed as a beneficiary on the tax bill on your property taxes,
[01:26:59.000 --> 01:27:03.000]  then you've pretty much just given them authority to regulate you, all right?
[01:27:03.000 --> 01:27:06.000]  And so that can be a difficult thing to get out of.
[01:27:06.000 --> 01:27:09.000]  There are ways to get out of it, but we're not going to go over all that right now.
[01:27:09.000 --> 01:27:15.000]  But even if you do pay property taxes and the city is listed, or say you have a license for something, all right?
[01:27:15.000 --> 01:27:21.000]  Say you have a restaurant license or something like that from the city.
[01:27:21.000 --> 01:27:26.000]  If you have any kind of license from the city at all, you're just giving them permission to regulate you.
[01:27:26.000 --> 01:27:36.000]  Now, whether or not you've bought into the entire regulatory scheme, lock, stock, and barrel, is not necessarily the case, all right?
[01:27:36.000 --> 01:27:39.000]  And this goes back to the transportation issue.
[01:27:39.000 --> 01:27:48.000]  So I would, if it were me, I mean, I'm not giving legal advice, but if it were me, I would argue all of the above, okay?
[01:27:48.000 --> 01:27:51.000]  I never gave you permission to regulate me.
[01:27:51.000 --> 01:27:55.000]  You're, you know, I have no commercial agreement with you, the city.
[01:27:55.000 --> 01:27:59.000]  Let them prove that you do have a commercial agreement with them, all right?
[01:27:59.000 --> 01:28:07.000]  But even more than that, I wasn't in transportation, so you don't have authority to regulate me anyway.
[01:28:07.000 --> 01:28:12.000]  Even if I did give you permission to regulate me, let's just assume worst-case scenario.
[01:28:12.000 --> 01:28:18.000]  You do have a contract with the city or some kind of commercial nexus with the city that you've, you know, ensnared yourself into, all right?
[01:28:18.000 --> 01:28:21.000]  So maybe they do have permission, authority to regulate you.
[01:28:21.000 --> 01:28:25.000]  If you're not engaged in a regulable activity, there is nothing to regulate.
[01:28:25.000 --> 01:28:29.000]  And so that goes to the transportation issue.
[01:28:29.000 --> 01:28:35.000]  And at this point, my feeling is pretty strong that you should do the hearing in writing.
[01:28:35.000 --> 01:28:38.000]  Do it by mail, certified mail.
[01:28:38.000 --> 01:28:41.000]  And that way, everything is in writing.
[01:28:41.000 --> 01:28:45.000]  Nothing can be misconstrued about what happens at the hearing.
[01:28:45.000 --> 01:28:50.000]  Maybe, you know, sometimes they may not want to let you record it, or if you do record it,
[01:28:50.000 --> 01:28:55.000]  the court may say your recording is inadmissible for whatever reason,
[01:28:55.000 --> 01:29:01.000]  even though they really have to let you admit the transcript of your own recording if you're the one recording it.
[01:29:01.000 --> 01:29:03.000]  But there are various problems with that.
[01:29:03.000 --> 01:29:10.000]  I mean, sometimes you have to bring your own court reporter to these hearings if it's not a court of record or if they won't let you record it.
[01:29:10.000 --> 01:29:12.000]  And that can be very expensive.
[01:29:12.000 --> 01:29:15.000]  At this point, I'm leaning strongly to having the hearing in writing,
[01:29:15.000 --> 01:29:20.000]  and that way you can get people's names, whoever's conducting the hearing, and their signature,
[01:29:20.000 --> 01:29:22.000]  and then perhaps you can go back and challenge the oath.
[01:29:22.000 --> 01:29:28.000]  But I mean, honestly, the oath doesn't really matter, okay, because it really all boils down to one thing.
[01:29:28.000 --> 01:29:31.000]  Did you give them permission to regulate you or not?
[01:29:31.000 --> 01:29:33.000]  And you just got to stick to that.
[01:29:33.000 --> 01:29:37.000]  And those are the primary reasons.
[01:29:37.000 --> 01:29:40.000]  And you may do it by special appearance.
[01:29:40.000 --> 01:29:45.000]  And Eddie has some documents on his traffic seminar materials.
[01:29:45.000 --> 01:29:48.000]  You can buy his traffic seminar package from our website.
[01:29:48.000 --> 01:29:50.000]  You can talk about that a little bit more on the other side.
[01:29:50.000 --> 01:29:54.000]  And I'm sure Randy will have some comments about this when we get back.
[01:29:54.000 --> 01:29:57.000]  Yes, I want to talk about prima facie.
[01:29:57.000 --> 01:30:01.000]  We'll be right back.
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[01:30:44.000 --> 01:30:46.000]  Cell phones emit radio frequency energy.
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[01:30:52.000 --> 01:30:57.000]  Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[01:30:57.000 --> 01:31:03.000]  Well, now the Journal of the American Medical Association is confirming that cell phones affect brain chemistry.
[01:31:03.000 --> 01:31:11.000]  A study of 47 volunteers showed that glucose metabolism in the area of the brain closest to the cell phone antenna increases when the cell phone is on.
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[01:31:16.000 --> 01:31:20.000]  I always keep the phone far from my body, and I use a corded headset.
[01:31:20.000 --> 01:31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[01:33:01.000 --> 01:33:11.000]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:33:11.000 --> 01:33:30.000]  Yeah, who you want to chip? Who you take me from? Free Tolley. Who you want to chip? Me no free Tolley. You can't chip me. Oh, my friend.
[01:33:30.000 --> 01:33:50.000]  Chip in your mom, chip in your daddy, chip in your grandpa and the granny, chip in your me, chip in your baby, chip in your family, whole family, chip in your dad and the cat around me, chip in the beef and you still go eat it, chip in the fish, they are all in the sea, chip in the shark and the whale around me.
[01:33:50.000 --> 01:34:05.000]  Okay, we are back. Randy Kelton, Debbie Stevens, Rule of Law Radio, and we're talking to Gary in New York, and there was one thing I wanted to address in all of this.
[01:34:05.000 --> 01:34:31.000]  It's prima facie. The city will come in making a claim against you, accusing you of acting within the scope of their jurisdiction or authority, and accusing you of violating one of their rules, regulations, or whatever.
[01:34:31.000 --> 01:34:43.000]  Not laws. These can't be laws because the Constitution only allows the legislature to write laws. They don't allow private corporations or even municipal corporations to write laws.
[01:34:43.000 --> 01:34:49.000]  There's nothing in the Constitution that authorizes the legislature to grant them that authority.
[01:34:49.000 --> 01:35:09.000]  We're dealing with corporate regulations. The city comes in and makes this accusation. When they make the accusation, the presumption is that the accusation that they make is valid.
[01:35:09.000 --> 01:35:30.000]  Prima facie, if they state facts sufficient to give a reasonable person of ordinary prudence cause to believe that a regulation has been violated and that you violated it, and that you fall under the regulatory scheme, then that establishes prima facie case.
[01:35:30.000 --> 01:35:40.000]  All they have to do is state that you've fallen under the scheme. Here, they don't even state it. They imply it. You come back and dispute their claim.
[01:35:40.000 --> 01:35:56.000]  You dispute that you are subject to the regulation and demand them to prove up their assertion of your being subject to the regulation.
[01:35:56.000 --> 01:36:12.000]  By initially, the challenge subject matter jurisdiction would go to first you dispute all of their accusations, and that puts the legal responsibility on them to prove up their accusations.
[01:36:12.000 --> 01:36:25.000]  This goes to subject matter jurisdiction. Once subject matter jurisdiction has been challenged, it must be proven. It may not be presumed.
[01:36:25.000 --> 01:36:39.000]  This is a very well adjudicated, long-standing legal maxim that I don't even have to look in New York law to see if it's there. It is absolutely there.
[01:36:39.000 --> 01:37:02.000]  Once you challenge jurisdiction, they have a requirement to prove up jurisdiction. If they don't offer evidence to prove up jurisdiction and the judge rules in their favor, then you file criminally against the judge with the local grand jury.
[01:37:02.000 --> 01:37:16.000]  In New York recently, they have revamped the grand jury system. From looking at the laws in New York, you have a good grand jury system.
[01:37:16.000 --> 01:37:38.000]  This is a parking ticket for crying out loud. Big deal. It's probably the least offensive thing you could use to beat them up with. I hope you don't wind up quite like Mike Handel, but Mike Handel has really worked these guys over.
[01:37:38.000 --> 01:38:01.000]  It all started with a Class C misdemeanor. If we get just a few people really taking these guys to the wall, then you will get some change and think in terms of a public official may only do what he is specifically authorized to do.
[01:38:01.000 --> 01:38:19.000]  While on the other hand, you're a private citizen. You can do anything you want to unless some law that specifically applies to you prohibits you from taking that action. It's real important for you to understand this.
[01:38:19.000 --> 01:38:45.000]  I was just in Tarrant County and I went to the clerk and I wanted to take a photograph of a document. They said, we can't allow you to photograph that. Oh, is that so? Well, and just where did you get the authority to prevent me from copying a public document?
[01:38:45.000 --> 01:39:00.000]  Well, that's just our rule. Where is that rule? Well, I'm not going to tell you. Say what? You're not going to tell me. And they brought some guy from the back, some smart and farty guy.
[01:39:00.000 --> 01:39:22.000]  And I said, okay. Do you have a name? Yes, I do. Everybody has a name. Oh, Mr. Smart Mouse. So just what is yours? I'm not going to tell you. Oh, you're not going to tell me your name. Oh, now that's going to get real interesting.
[01:39:22.000 --> 01:39:32.000]  Tell you what, Bubba, don't go anywhere. Somebody's going to want to talk to you to pull out my cell phone and dial 911.
[01:39:32.000 --> 01:39:41.000]  Then I called the police asking to send a sheriff's deputy to take my complaint. They sent two sheriff's deputies.
[01:39:41.000 --> 01:39:52.000]  And I'm sitting here on the bench outside the office in the hall writing out a criminal complaint. And these two guys come up, one of them's got these shorts on.
[01:39:52.000 --> 01:40:05.000]  And I did my God shorts joke on him, told him, you know, I got some shorts like that. When I wear them, women worship me like a God. He said they do. I said, yes, they do.
[01:40:05.000 --> 01:40:15.000]  They take one look at me and they start saying, oh Lord, oh God. And I said to his partner, I bet he has the same trouble.
[01:40:15.000 --> 01:40:21.000]  This cop just stood there and stared at me like he wanted to shoot me.
[01:40:21.000 --> 01:40:35.000]  Then they asked if I had called the police department or the sheriff's department. I said, yes, matter of fact, I did. And I told them I needed them to take a statement as I would be filing criminal accusations.
[01:40:35.000 --> 01:40:44.000]  I won't be filing them with you, but I do want you to take a voluntary statement from me and take a statement from them so that we have this memorialized.
[01:40:44.000 --> 01:40:57.000]  Because those guys will make up new stories if we don't get it moralized right now. And I walked through code and this one cop said, well, you can spat all the numbers you want to.
[01:40:57.000 --> 01:41:07.000]  Oh, you think those are numbers, do you? So does this mean that you're not going to do anything? So we're not going to do anything here today. Then get lost. I'm done with you.
[01:41:07.000 --> 01:41:18.000]  What? Beat it. I don't need you any further. You can go. And they kind of ambled off now. I forgot I didn't get their names. I ran back and got their names.
[01:41:18.000 --> 01:41:29.000]  And while we're sitting here, I'm finishing up writing up my criminal complaint. Just a little bit. These two cops come back around the corner and they got a sergeant with them.
[01:41:29.000 --> 01:41:39.000]  And the sergeant, he walks around and he said, what seems to be the problem here? I says, no problem. Get lost. Well, we need to see what is going on.
[01:41:39.000 --> 01:41:50.000]  I said, no, you don't. We're done here. You can leave. Well, we want to see if we can fix this situation.
[01:41:50.000 --> 01:42:03.000]  Sorry, Bubba. That bell's already been rung. I'll take this to the prosecuting attorney. And they stood there looking at me like, what do I say now?
[01:42:03.000 --> 01:42:15.000]  And they were, well, okay. And they ambled off. Gary, this is the kind of stuff you can do to them. These guys got no clue.
[01:42:15.000 --> 01:42:28.000]  They're used to pushing people around and getting people to duck and dodge from them. And anything they say goes, they are not used to somebody setting them up.
[01:42:28.000 --> 01:42:39.000]  When you go in the front door, when you ask them to do a certain thing, you never want them to do what you're asking them to do.
[01:42:39.000 --> 01:42:54.000]  If you want them to do what you're asking them to do and they don't do it, that will trigger in you anger, frustration, betrayal, and all of those emotions that go with it.
[01:42:54.000 --> 01:43:07.000]  And they can read that in your eyes as a dog food commercial that I can see your heart through your eyes. They can see your heart through your eyes.
[01:43:07.000 --> 01:43:20.000]  So they do that on a subliminal level. So we're going to go in and do something subliminal. We're going to not want them to do what we're asking them to do.
[01:43:20.000 --> 01:43:39.000]  So when they don't do what we ask them to do, we think, oh, goody, goody, goody. And your subliminal responses, your micro gestures, your micro expressions will give them a whole different set of readings.
[01:43:39.000 --> 01:43:51.000]  And that will act for them as a pattern interruption, just like that sergeant stood there trying to figure out something to say to me, but I wasn't reacting right. Hang on.
[01:43:51.000 --> 01:44:00.000]  We'll pick this straight up when we come back. This is Randy Kelton, Debra Stevens. We will radio or call it number 512-646-1980.
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[01:46:22.000 --> 01:46:40.000]  Something in this world I will never understand. Something I realize fully. Somebody's gonna police that policeman. Somebody's gonna police the police.
[01:46:40.000 --> 01:46:57.000]  Okay, we are back. Brandy Kelton, Deborah Stevens, Rule of Law Radio. And I said earlier, Gary, you can have a lot of fun with this. And since you've got a dog in the hunt, but it's a really small one, it's just a parking ticket.
[01:46:57.000 --> 01:47:11.000]  And this will be great practice. Decide, you know, look at what the law requires them to do. And in New York, you have a statute for official misconduct.
[01:47:11.000 --> 01:47:31.000]  And that statute mimics the federal statute 18 U.S. Code 242, the Ku Klux Klan Act, which says that it's a crime if a public official exerts or purports to exert an authority he does not expressly have or fails to perform a duty he is required to perform.
[01:47:31.000 --> 01:47:46.000]  And in the process to deny the citizen full free access to enjoy mental right, that's a crime. You can also sue them for it. 42 U.S. Code 1983. But first off, it's a crime. So you get them to commit a crime.
[01:47:46.000 --> 01:48:03.000]  You ask them to do something you know they're not going to do. And then you have the non-emergency number for the sheriff's department. Don't call the police department because they work for the same company.
[01:48:03.000 --> 01:48:14.000]  It's the company, the corporation that's implicated. So you call the sheriff's department, ask them to send an officer out to take your complaint against this public official.
[01:48:14.000 --> 01:48:30.000]  And when the officer gets out there, they're always tiptoeing because this is something they're not used to, being called to take a complaint against one of their own and they're not going to take the complaint.
[01:48:30.000 --> 01:48:40.000]  And when they tell you they're not going to, they expect you to get all upset and indignant and argue with them.
[01:48:40.000 --> 01:48:50.000]  Well, when these guys did that to me, I said, okay, I'm done with you. You're dismissed. You can go beat it.
[01:48:50.000 --> 01:48:54.000]  Not what they expected.
[01:48:54.000 --> 01:49:01.000]  So when you do this, always have your next step ready.
[01:49:01.000 --> 01:49:11.000]  And when they don't do what you wanted to, you just cut them off. Okay, that'll work for me. That's what I told the clerk when he refused to give me his name. Okay, that'll work for me.
[01:49:11.000 --> 01:49:22.000]  Just don't go anywhere. Somebody's going to want to talk to you. And I'm doing it in this manner that they're confused. This is not the way I'm supposed to be doing this.
[01:49:22.000 --> 01:49:36.000]  At some point, they're going to say, that son of a gun, he set us up. And when they realize that the public's out there setting them up so they can sting them, that's when things start to change.
[01:49:36.000 --> 01:49:42.000]  Okay, Deborah had a comment she wanted to make on the administrative and traffic issue.
[01:49:42.000 --> 01:49:53.000]  Well, yes, yes. And then we're going to bring Gary back on the air. Yeah, Gary, what Randy is describing is going after them criminally for violating law.
[01:49:53.000 --> 01:50:02.000]  And that is something that should be done. All right. But in the meantime, we still have to handle the case. All right.
[01:50:02.000 --> 01:50:17.000]  And so I was reading some more about their procedures and how things work. And I'm really still strongly leaning towards the hearing by mail, the administrative hearing by mail.
[01:50:17.000 --> 01:50:28.000]  Because everything is done in writing, and there's no possibility that anything's going to be misunderstood or not recorded or anything like that.
[01:50:28.000 --> 01:50:43.000]  And I wanted to read a little bit here on their administrative hearing process by writing, because, you know, this will give you an idea of the principles that we're describing here about the special appearance and challenging the jurisdiction and such.
[01:50:43.000 --> 01:51:06.000]  All right. What they say here about the hearing by writing, it says, return the ticket with the – this is hearing by mail. Return the ticket with the reason why you believe you are not guilty checked off on the back and attach a letter explaining why you should be found not guilty of the violation and attach copies of any evidence that you wish to present.
[01:51:06.000 --> 01:51:15.000]  Make sure to keep copies of everything that you send for your own records and mail your request to such and such address, Department of Finance. Okay. See the setup right here.
[01:51:15.000 --> 01:51:27.000]  The folks out there who have been listening for a while, especially to Eddie's show, you see the setup immediately. Return the ticket with the reason why you believe you are not guilty checked off on the back.
[01:51:27.000 --> 01:51:43.000]  Don't do that. Okay. Do not do that. Okay. Especially do not check off any reason why you feel you are quote unquote not guilty. All right. I'm strongly leaning at this point. I'm going to have to think about it some more.
[01:51:43.000 --> 01:51:51.000]  I'm strongly leaning towards you just don't return the ticket. Okay. Especially you don't check off any reason about why you're quote not guilty.
[01:51:51.000 --> 01:52:04.000]  You never enter a plea. Never. Because if you enter a plea, even a plea of not guilty, then you just waived all your objections to impersonal jurisdiction. All right.
[01:52:04.000 --> 01:52:13.000]  And then all of a sudden it's a whole different ballgame. This is what's called the special appearance. You don't enter a plea. You're not playing guilty. You're not playing not guilty.
[01:52:13.000 --> 01:52:31.000]  You're saying, I challenge your jurisdiction. You don't have authority over me. You don't have jurisdiction over me. All right. And besides, you know, well, at least here in municipal court with traffic tickets here in Austin, I mean, the court doesn't even have jurisdiction to accept a plea until after a jury has been impaneled.
[01:52:31.000 --> 01:52:44.000]  But they always try to get you to plea when you go in to file your first set of documents on the so-called honor before date, initial appearance date. I mean, the court doesn't even have authority to take a plea at that point in time.
[01:52:44.000 --> 01:52:57.000]  Plus, you never have to enter a plea ever. Anyway. Period. There is no requirement in law to enter a plea. Okay. The judge has jurisdiction to enter a plea for you at a certain point in the proceedings in the trial after the jury has been impaneled.
[01:52:57.000 --> 01:53:07.000]  But at any rate, do not plea. Do not plea not guilty. I'm strongly leaning at this point. Don't send the ticket back at all because, see, here's the rule of thumb.
[01:53:07.000 --> 01:53:17.000]  If you do anything that they ask you to do or that they want you to do, boom, you just ensnared yourself in a nexus with them.
[01:53:17.000 --> 01:53:34.000]  Okay. Any little tiny thing that you do that is anything other than saying this is special appearance only, the only reason I'm here, the only reason I'm writing to you is to challenge your jurisdiction and to let you know that you have no authority to regulate me.
[01:53:34.000 --> 01:53:44.000]  I have no agreement with you. I was not engaged in a regulable activity. I was not in transportation. Furthermore, I have no commercial nexus with your company.
[01:53:44.000 --> 01:53:52.000]  Okay. Period. That's all basically in a nutshell. You say and you send it certified mail. All right. You don't send back the ticket.
[01:53:52.000 --> 01:54:12.000]  And here's the other thing. You never ask them at any point in time during the administrative proceedings just how, what authority, what documents are you relying on to assert this authority over me that you're asserting to regulate me.
[01:54:12.000 --> 01:54:24.000]  You don't ever ask them that. Okay. Not during the proceedings. All right. Because by asking them that, that opens the door to establish a nexus inadvertently.
[01:54:24.000 --> 01:54:34.000]  Here's what you do. Instead, all right, you send off an open records request through the State of New York open records request laws.
[01:54:34.000 --> 01:54:58.000]  This is administrative so there's no discovery. Okay. You send open records request to the State of New York through the State of New York open records request laws asking for the city to provide you with any documents they have with your signature on it stating that you agreed to be regulated by them for any reason.
[01:54:58.000 --> 01:55:11.000]  And B, you want any documents that they are relying on without your signature to assert that they are using to assert their claim that they have authority to regulate you.
[01:55:11.000 --> 01:55:21.000]  You do it through open records. You don't ask those kinds of questions during the administrative proceeding and if it's a municipal court kind of a thing, you don't ask those questions during court.
[01:55:21.000 --> 01:55:28.000]  I wouldn't even ask it in discovery. All right. Because it's just you're starting to tread on thin ice if you go there. Do it through open records.
[01:55:28.000 --> 01:55:34.000]  And that's the setup for the Supreme Court lawsuit, the challenge to the administrative hearings.
[01:55:34.000 --> 01:55:44.000]  Okay. So you just send the special appearance letter to the address, certified mail, and you just basically state the facts. You weren't in transportation. This is not a vehicle, et cetera, et cetera.
[01:55:44.000 --> 01:55:56.000]  I challenge your jurisdiction. I was not engaged in activity that's regulable. You have no authority to regulate me. Furthermore, I have no commercial nexus with the city either with your company.
[01:55:56.000 --> 01:56:03.000]  And that's it. And then at that point, they're going to railroad you and send you back the letter with their ruling, their railroad job ruling.
[01:56:03.000 --> 01:56:10.000]  And then you go through the appeals process, the administrative appeals process, sticking to your guns, the same thing.
[01:56:10.000 --> 01:56:21.000]  And then the FOIAs or the open records request will come back. And then you'll have everything you need to file your Article 78 petition for judicial review to the Supreme Court.
[01:56:21.000 --> 01:56:32.000]  Now, this is going to be a long process. It's not going to be easy. And in order for you to fully understand the transportation issue, I recommend you getting EDDI's traffic seminar that we sell on our website.
[01:56:32.000 --> 01:56:42.000]  It goes over Texas transportation code, but the laws are basically the same in every state. And it teaches you the basic principles using our Texas law as an example.
[01:56:42.000 --> 01:56:53.000]  But then you just go and read the transportation code in the state of New York. You're also going to need to read over the city ordinances about the parking regulation, their parking regulatory scheme.
[01:56:53.000 --> 01:56:59.000]  Because like Eddie says, in the city of Austin, they can only regulate parking of government vehicles. So does this make sense, Gary?
[01:56:59.000 --> 01:57:03.000]  Does this sound like a fight that you're willing to go through with?
[01:57:03.000 --> 01:57:14.000]  It sounds like too much of a fight for too little gain. However, long term, it is a fight that has to be made at least one time so that these guys stop bothering.
[01:57:14.000 --> 01:57:23.000]  Well, see, Gary, that's the reason. You may not get a whole lot of gain out of it, but you could because then you get to go back and sue them later.
[01:57:23.000 --> 01:57:32.000]  You get to go back and file a lawsuit against them later to try to recover expenses. So it's not just about beating the ticket, but you're right.
[01:57:32.000 --> 01:57:40.000]  The reason to do it is not even to hopefully get compensated a big chunk of change down the line from a lawsuit.
[01:57:40.000 --> 01:57:48.000]  But if people don't start doing this, this is what it's going to take. And if people aren't going to do it, then we're never going to be able to stop these guys.
[01:57:48.000 --> 01:57:57.000]  And it's not going to take a whole lot of people. It's only going to take a few. And they will start to change because ultimately it's going to hit them in the pocketbook.
[01:57:57.000 --> 01:58:00.000]  They're going to have to fight the fight. OK, they're going to have to hire lawyers.
[01:58:00.000 --> 01:58:06.000]  It's going to cost them hundreds of thousands of dollars to defend themselves over one parking ticket.
[01:58:06.000 --> 01:58:14.000]  And if enough people go through the process, they will start changing their tune. And when people start challenging these things, they'll drop it.
[01:58:14.000 --> 01:58:20.000]  So I wish we had more time to discuss this, Gary. Maybe you could call back in on Monday when Eddie's here.
[01:58:20.000 --> 01:58:28.000]  You have 100 days to decide what to do. And we can help you. I'm actually willing to help.
[01:58:28.000 --> 01:58:35.000]  We can talk about that some more on Monday. But before you just write the whole idea off, think about it, OK, and call back in on Monday.
[01:58:35.000 --> 01:58:37.000]  All right, Gary?
[01:58:37.000 --> 01:58:39.000]  For all your help, thank you so much.
[01:58:39.000 --> 01:58:48.000]  All right, thank you, Gary. All right, we are out of time, folks. Tomorrow night is our four-hour info marathon with Randy Kelton and Joe Esquivel.
[01:58:48.000 --> 01:58:50.000]  And have a good night and God bless.
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