[00:00.000 --> 00:07.000] This is The Liberty Beat, your daily source for Liberty news and activist updates. [00:07.000 --> 00:14.000] Online at TheLibertyBeat.com. I'm Brian Hagan with your Liberty Beat for Thursday, July 31, 2014. [00:14.000 --> 00:22.000] Gold opens today at $1,295. Silver opens at $20.66, and Bitcoin is trading around $574. [00:22.000 --> 00:29.000] Support for The Liberty Beat comes from Affordable Sound, CD and DVD duplication for all your prints and audio duplication needs. [00:29.000 --> 00:34.000] Mention promo code LIBERTY and get 5% off all DVD and CD duplication jobs. [00:34.000 --> 00:41.000] Online at AffordableSound.com. Or give them a call, 512-459-5253. [00:41.000 --> 00:49.000] In the news, the United Nations has accused Israel of seriously violating international law after it struck a school located within a refugee camp, [00:49.000 --> 00:56.000] killing at least 15 people, mostly women and children, as they slept. That word from a report published by The Guardian. [00:56.000 --> 01:05.000] The UN secretary-general said the attack, which left 100 more injured, was outrageous and unjustifiable, and demanded accountability and justice. [01:05.000 --> 01:13.000] The attack left 17 dead, including a journalist, according to Gaza health officials. [01:13.000 --> 01:19.000] On Tuesday, the United States and the European Union announced plans to inflict a new round of sanctions against Moscow. [01:19.000 --> 01:28.000] The broader sanctions include limiting access to EU capital markets for Russian state-owned financial institutions, imposing an embargo on arms trade, [01:28.000 --> 01:33.000] and reducing Russia's access to sensitive technologies, particularly in the oil sector. [01:33.000 --> 01:44.000] In a speech in front of the White House, Obama said the US will block the exports of specific goods and technologies to the Russian energy sector. [01:44.000 --> 01:52.000] Albuquerque Police Department is considering scrapping use of its MRAP armored vehicle after opposition from the public and negative press attention [01:52.000 --> 01:56.000] that accused the country of turning into a militarized police state. [01:56.000 --> 02:01.000] The department acquired the military-style vehicle through the Department of Defense's 1033 program, [02:01.000 --> 02:07.000] which allows law enforcement agencies to obtain war vehicles used to hunt insurgents in Iraq and Afghanistan. [02:07.000 --> 02:14.000] An ACLU report warned that such vehicles are part of militarized policing in which Americans are treated like wartime enemies. [02:14.000 --> 02:21.000] Support for Liberty Beat comes from the Cory Moore Show, live each Friday night at 9 o'clock Central Time. [02:21.000 --> 02:23.000] That's corymoreshow.com. [02:23.000 --> 02:31.000] And support for Liberty Beat comes from Roberts & Roberts Brokerage, Inc., specializing in precious metals since 1977. [02:31.000 --> 02:37.000] They don't feed the banks by taking credit cards, but you can bet they take bitcoin. [02:37.000 --> 02:45.000] Online at rrbi.co or by phone at 800-874-9760. [02:45.000 --> 02:51.000] This is the Liberty Beat for Thursday, July 31, 2014. [02:51.000 --> 03:01.000] Check out the website at thelibertybeat.com. [03:21.000 --> 03:31.000] Check out the website at thelibertybeat.com. [03:51.000 --> 04:04.000] All right, folks, good evening. [04:04.000 --> 04:07.000] This is Rule of Law Radio, the Thursday night show. [04:07.000 --> 04:10.000] And yes, your ears are not deceiving you. [04:10.000 --> 04:16.000] It is July 31, a Thursday night, and you hear Eddie Craig here instead of Randy Kelton, or Deborah for that matter. [04:16.000 --> 04:18.000] But at the moment, that's okay. [04:18.000 --> 04:20.000] Randy is on his way. [04:20.000 --> 04:25.000] He's just had an issue with getting here on time tonight, which he'll go into, I guess, when he gets here. [04:25.000 --> 04:30.000] But in the meantime, I'm going to try to cover the bases for whatever's going on and see what's what. [04:30.000 --> 04:37.000] Now, since this is unexpected to me, I don't have any material ready to go for anything in particular tonight either. [04:37.000 --> 04:45.000] So if you've got something you want to call in and talk about, please do that, 512-646-1984. [04:45.000 --> 04:49.000] That is the call-in number, and we'll start going with some calls. [04:49.000 --> 04:54.000] But in the meantime, what I would like to do while we're waiting on Randy is to talk to you folks for a minute [04:54.000 --> 04:59.000] about coming down to the Sunday classes at Brave New Books if you're in the Austin area or close enough to come by. [04:59.000 --> 05:03.000] The classes are from 2 to 5 every Sunday. [05:03.000 --> 05:13.000] We're doing practical application exercises where you actually act out scenarios of handling a traffic stop or going to court, [05:13.000 --> 05:19.000] jury voir dire, opening statements, closing statements, cross-examination, direct examination. [05:19.000 --> 05:28.000] We practice all of those procedures so that when you go into a courtroom, you learn to become acclimated and feel comfortable to them. [05:28.000 --> 05:32.000] The first class is free, and each class after that isn't but 20 bucks. [05:32.000 --> 05:38.000] And believe me, it's the cheapest legal education you're ever going to get, but it's worthwhile. [05:38.000 --> 05:51.000] I've got tons of e-mails and help requests and stories of people that have used the information I've provided and used it successfully. [05:51.000 --> 05:57.000] There are far more people saying it worked than there are even close to those that say it didn't. [05:57.000 --> 06:03.000] The occasions when it don't work, it's not the fault of the information or the material. [06:03.000 --> 06:06.000] I guarantee you that it is accurate. [06:06.000 --> 06:11.000] I know it's accurate because it's written in black and white right there in their own rules. [06:11.000 --> 06:20.000] When it doesn't succeed, it's because the judge and the prosecutor do not care about the rule of law or their duties under it. [06:20.000 --> 06:30.000] So your job always is to make a record of everything and get it documented so that the appeals courts can see what type of [06:30.000 --> 06:37.000] lawless individuals are actually in these lower courts and overturn what they do. [06:37.000 --> 06:45.000] But until you properly make a record for them to do that with, the lower courts will continue to do what they're doing. [06:45.000 --> 06:50.000] Now, that being said, you've got to put the time and effort into this. [06:50.000 --> 06:52.000] This is a learned skill. [06:52.000 --> 06:55.000] It is not an inherent one. [06:55.000 --> 06:58.000] It takes practice and it takes know-how. [06:58.000 --> 07:02.000] So that's something you've got to get into and learn. [07:02.000 --> 07:06.000] Now, that being said, we have a couple of callers up on the board. [07:06.000 --> 07:08.000] Hold on. [07:08.000 --> 07:10.000] Jeff is waiting to talk to Randy. [07:10.000 --> 07:11.000] Okay. [07:11.000 --> 07:15.000] One of them is waiting specifically to talk to Randy, and the other one is currently being screened, [07:15.000 --> 07:21.000] so I'm going to wait and see exactly what I'm told about that while we're waiting on those. [07:21.000 --> 07:30.000] Again, the class Sundays from 2 to 5, and if you try and you pay attention, you're going to learn a lot. [07:30.000 --> 07:33.000] I haven't had anybody walking out of the class saying this wasn't worth my time. [07:33.000 --> 07:41.000] Everybody that's new and has come to the class has always said they will be back, even those that live in other cities. [07:41.000 --> 07:45.000] And generally, they will come back from time to time. [07:45.000 --> 07:52.000] Not everybody comes every Sunday, though I do have several people that are there almost without fail every Sunday. [07:52.000 --> 07:58.000] So there are some regular folks there, and then there are those that come as they're able, and that's understandable. [07:58.000 --> 08:04.000] People sometimes have Sunday work schedules and things like that, so I don't fault them for any of that. [08:04.000 --> 08:14.000] But the fact is, folks, we're becoming a much more litigious society and world where somebody wants you in court for something all the time. [08:14.000 --> 08:24.000] If it's not a neighbor because you accidentally cut a limb off of his cherry tree or bumped into his car, it's a cop because the city he works for needs revenue. [08:24.000 --> 08:30.000] If it's not the city, it's the county. If it's not the county, it's the state. If it's not the state, it's the Fed. [08:30.000 --> 08:43.000] So somebody somewhere has to find another scheme and scam to play off on the people to fund the things that they couldn't get money for by being honest. [08:43.000 --> 08:54.000] Yes, we want money to build a new park, but we're going to tear down living quarters for the elderly in order to build this park. [08:54.000 --> 09:03.000] And then five years after the park is built, we're going to destroy it so we can sell it to this huge condominium developer under the guise of public benefit. [09:03.000 --> 09:15.000] See, they wouldn't get that park funded, nor would they get the bill passed to sell the park land to the developer if they couldn't first convince you it was worth paying for. [09:15.000 --> 09:19.000] They have to get rid of the old folks and tear it all down and that kind of stuff. [09:19.000 --> 09:26.000] They constantly want money to do things that they can't do if we knew what was going on, but we don't. [09:26.000 --> 09:29.000] We don't pay enough attention to it. [09:29.000 --> 09:37.000] Let's see. All right. Now we have a caller, Josh, who doesn't care who he gets to talk to, so I'll go ahead and talk to Josh for a second. [09:37.000 --> 09:38.000] Josh, what can we do for you? [09:38.000 --> 09:40.000] Hey, I'm here. [09:40.000 --> 09:48.000] Okay. And Randy has joined us, so he's here as well. So, Josh, what do you got? [09:48.000 --> 09:49.000] I'm sorry. Are you there? [09:49.000 --> 09:50.000] Yes. [09:50.000 --> 09:57.000] Okay. Hey, listen, I wanted to talk about traffic for a little while, if that's okay. [09:57.000 --> 10:02.000] Well, that depends upon what you mean by a little while, but let's give it a shot and see where it goes. [10:02.000 --> 10:12.000] All right. I've had an issue with a municipal court over here. [10:12.000 --> 10:14.000] Where is over here? [10:14.000 --> 10:16.000] I'm in Tomball, Texas. [10:16.000 --> 10:18.000] Okay. [10:18.000 --> 10:29.000] Yeah, so I got pulled over by Tomball Police Department, didn't have any, you know, registered license plate or anything like that. [10:29.000 --> 10:40.000] I had a sign pretty much that said, you know, private property, and when the officer approached me, you know, I pretty much followed the script. [10:40.000 --> 10:42.000] I was a little bit confused. [10:42.000 --> 10:48.000] Wait, wait, wait, wait. You'd be astounded by how much I hear that statement. [10:48.000 --> 10:53.000] So let me ask you to clarify. What do you mean by almost? [10:53.000 --> 10:59.000] What did you not do or what did you do that's not in the script? [10:59.000 --> 11:03.000] Okay. Well, here's the deal. I have the script memorized. [11:03.000 --> 11:15.000] I didn't use it because after I bought your seminar, I found the handout for the officers, and so at this point, I gave the officer the handout. [11:15.000 --> 11:23.000] Well, when he approached me, first of all, I asked him, you know, what's the emergency, you know, is there any way that I can help you, et cetera, et cetera. [11:23.000 --> 11:27.000] He said, you know, well, there's no emergency. [11:27.000 --> 11:30.000] I pulled you over because you don't have a license plate. [11:30.000 --> 11:36.000] I said, oh, okay, well, that's fine. I'm not commercial, you know, and he was kind of confused. [11:36.000 --> 11:49.000] So I gave him the handout that you have for, you know, just in case we're not recording, which I was recording, so I didn't know I was supposed to use the script. [11:49.000 --> 11:58.000] But regardless, anyway, you know, he wrote me a few tickets, you know, no license plate, insurance, license, all that. [11:58.000 --> 12:11.000] And I went ahead and filed a few motions, an affidavit with the court, the things that you have in your seminar. [12:11.000 --> 12:16.000] At this point, I was wondering what they're going to do. [12:16.000 --> 12:23.000] You know, are they going to file a motion, you know, or a warrant for failure to appear? [12:23.000 --> 12:26.000] Well, that depends. When are you supposed to appear? [12:26.000 --> 12:30.000] Okay. So this happened on May 13th. [12:30.000 --> 12:39.000] The promise to appear was June 5th, and I appeared at the courthouse address. [12:39.000 --> 12:42.000] Of course, court wasn't in session at that time. [12:42.000 --> 12:45.000] When did you appear at the court? [12:45.000 --> 12:48.000] It was two days after I got the citation. [12:48.000 --> 12:51.000] Which was what day of the week? [12:51.000 --> 12:54.000] Let's see. That was a Friday. [12:54.000 --> 12:56.000] Okay. [12:56.000 --> 12:57.000] So I showed up on Friday. [12:57.000 --> 13:04.000] They said, and I was recording when I went up there, they said, well, sir, we don't have your information. [13:04.000 --> 13:10.000] We don't have any kind of, you know, we don't have your case, pretty much is what they were saying. [13:10.000 --> 13:13.000] And, you know, can you come back on Monday? [13:13.000 --> 13:15.000] Maybe we'll have your case, et cetera, et cetera. [13:15.000 --> 13:24.000] So I said, you know, look, I'm here now, but I pass by here every day. It's no problem for me to come back on Monday. [13:24.000 --> 13:33.000] On Monday, I went back with two witnesses, and I filed the motion to dismiss for, you know, special appearance. [13:33.000 --> 13:36.000] Basically, they don't have any jurisdiction. [13:36.000 --> 13:49.000] I filed the not in commerce or not in transportation affidavit and a couple other items with the municipal court there. [13:49.000 --> 13:52.000] They took all those. [13:52.000 --> 13:57.000] They timestamped them, file stamped them, and I left. [13:57.000 --> 14:00.000] Never heard anything back from them. [14:00.000 --> 14:08.000] June 5th was the promise to appear date, at which point I had already appeared twice once. [14:08.000 --> 14:13.000] But you only got evidence you appeared on the second one. [14:13.000 --> 14:17.000] Actually, I only, well, I have evidence. [14:17.000 --> 14:18.000] No, no, no. [14:18.000 --> 14:19.000] I didn't ask you. [14:19.000 --> 14:20.000] Okay. [14:20.000 --> 14:23.000] You didn't file anything the first time you went in there. [14:23.000 --> 14:24.000] That's right. [14:24.000 --> 14:26.000] Okay. [14:26.000 --> 14:31.000] So what I'm trying to get is something that they provide to you that shows you were there. [14:31.000 --> 14:32.000] Okay. [14:32.000 --> 14:33.000] Right. [14:33.000 --> 14:35.000] So yeah, only the second time, which was May 19th. [14:35.000 --> 14:43.000] So that was six days, six calendar days after, you know, the citation was written. [14:43.000 --> 14:46.000] The promise to appear date was June 5th. [14:46.000 --> 14:51.000] So I had four documents there that I had turned in. [14:51.000 --> 14:52.000] They were all file stamped. [14:52.000 --> 14:57.000] I had one, you know, for the court, one for opposing counsel, which I had no idea who, [14:57.000 --> 15:01.000] you know, the opposing counsel was. [15:01.000 --> 15:02.000] Okay. [15:02.000 --> 15:05.000] Josh, you got two minutes before we hit break. [15:05.000 --> 15:06.000] Sure. [15:06.000 --> 15:07.000] Okay. [15:07.000 --> 15:08.000] So I'll give you a quick rundown. [15:08.000 --> 15:13.000] I called them 10 days after June 5th because I had already fulfilled the promise to appear. [15:13.000 --> 15:24.000] According to the court and their rules, within 10 days, you know, if you don't appear, then they file a warrant. [15:24.000 --> 15:35.000] So long story short, I just got a letter in the mail yesterday, a little form letter that said warrant notice. [15:35.000 --> 15:41.000] I called them 10 days after the June 5th promise to appear date, which I had appeared, [15:41.000 --> 15:50.000] and have this on video, which they said, yeah, the city attorney is, you know, reviewing the information you've submitted. [15:50.000 --> 15:57.000] You just need to wait for us to contact you, at which point I said, okay, fine, no problem. [15:57.000 --> 15:58.000] And I waited. [15:58.000 --> 16:08.000] And yesterday I got a warrant notice, and I have a couple of things that I'm about to fill out. [16:08.000 --> 16:12.000] One is they wouldn't tell me who the judge is, who the city attorney is. [16:12.000 --> 16:15.000] I have no idea who those people are. [16:15.000 --> 16:22.000] And I filed a public information request with the city to find out who those people are. [16:22.000 --> 16:24.000] I think the city attorney kind of rotates. [16:24.000 --> 16:29.000] I think they hire outside counsel, if you will. [16:29.000 --> 16:32.000] And I'm just kind of wondering about my next step from here. [16:32.000 --> 16:38.000] There's a motion in there that's a motion to withdraw or to quash the warrant. [16:38.000 --> 16:41.000] It's illegally issued. [16:41.000 --> 16:47.000] You need to get that filed ASAP, okay, and then make sure that it's filed and filled in, [16:47.000 --> 16:54.000] because they can't issue a warrant for failure to appear if you comply, okay? [16:54.000 --> 16:55.000] All right, hang on. [16:55.000 --> 16:56.000] We're going to break. [16:56.000 --> 16:58.000] All right, folks, we'll be right back, y'all. [16:58.000 --> 17:00.000] Hang on. 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[19:01.000 --> 19:22.000] You are listening to the Logos Radio Network, the LogosRadioNetwork.com. [20:25.000 --> 20:29.000] Alright folks, we are back. This is Rule of Law Radio, Thursday Night Show. [20:29.000 --> 20:34.000] Randy has joined us. Before I let him take the wheel, I'm going to finish up with Josh. [20:34.000 --> 20:37.000] Alright, Josh, let's wrap this up. [20:37.000 --> 20:42.000] Okay, yeah no problem. Yeah, I have that motion to quash warrant or recall warrant, [20:42.000 --> 20:46.000] demand a recall warrant. I have that all filled out, ready to go. [20:46.000 --> 20:52.000] I just got this in the mail yesterday, so I filled out that, a couple other items. [20:52.000 --> 20:58.000] What I wanted to know is, and I've heard Randy talk a lot about this. [20:58.000 --> 21:01.000] So if he's on and he wants to chime in, that's fine too. [21:01.000 --> 21:07.000] But my main concern right now is that they have not followed the law. [21:07.000 --> 21:10.000] They never do. I'm sorry? [21:10.000 --> 21:13.000] They never do. Yeah, well of course. [21:13.000 --> 21:18.000] Let me tell you real quick two things you need to add to that motion to recall warrant. [21:18.000 --> 21:24.000] A judicial conduct complaint against the judge for violations of the Code of Criminal Procedure [21:24.000 --> 21:29.000] and do a separate complaint for each Code of Criminal Procedure violation [21:29.000 --> 21:34.000] and judicial rules of ethics violation that he's done. [21:34.000 --> 21:37.000] File a bar grievance against the prosecuting attorney. [21:37.000 --> 21:40.000] Now let me tell you why this is. [21:40.000 --> 21:47.000] Under Chapter 23 of the Code of Criminal Procedure, in order for a magistrate to issue a capias warrant, [21:47.000 --> 21:53.000] that warrant must be specifically requested by the prosecuting attorney. [21:53.000 --> 21:58.000] The court cannot issue it of its own volition. [21:58.000 --> 22:02.000] That means both of them know full well you've already appeared [22:02.000 --> 22:05.000] and they've got the stamp pleadings to prove it. [22:05.000 --> 22:10.000] But they requested and issued a warrant anyway. [22:10.000 --> 22:13.000] Make them pay for it. [22:13.000 --> 22:15.000] I totally understand that. [22:15.000 --> 22:23.000] And a bar grievance against, now you only say the city attorney, but I'm thinking the judge as well. [22:23.000 --> 22:27.000] You can't bar grieve the judge in his hat as a judge. [22:27.000 --> 22:35.000] You can only bar grieve him if he's a bar card carrying attorney acting in the capacity of an attorney. [22:35.000 --> 22:43.000] Otherwise, if he's acting as a judge or a magistrate, the proper thing is a judicial conduct complaint. [22:43.000 --> 22:45.000] Okay, all right. [22:45.000 --> 22:47.000] And who do I file that with? [22:47.000 --> 22:50.000] The Judicial Conduct Committee. [22:50.000 --> 22:53.000] Okay, I'll look that up. [22:53.000 --> 22:55.000] State Commission on Judicial Conduct. [22:55.000 --> 23:00.000] Yeah, if you've got an actual copy of the form, it tells you where to mail everything. [23:00.000 --> 23:05.000] And I know both of those forms, the bar grievance and the judicial conduct complaints, [23:05.000 --> 23:09.000] are in the templates folder in the seminar material. [23:09.000 --> 23:15.000] You mail it to the janitor so he can use it for toilet paper. [23:15.000 --> 23:19.000] Yeah, in the templates folder, there's a folder called Complaints. [23:19.000 --> 23:23.000] And in the Complaints folder, you will find one for each of those. [23:23.000 --> 23:30.000] Well, I was actually in the Complaint folder today and I filled out four complaints against both the judge, [23:30.000 --> 23:35.000] who I don't know who it is yet, and I just filled out a public information request to find out who, [23:35.000 --> 23:37.000] because when I called the court, of course they wouldn't tell me. [23:37.000 --> 23:42.000] And the city attorney, he's hired by outside, you know, attorney firms. [23:42.000 --> 23:45.000] Yeah, well, both of them can be charged with crimes. [23:45.000 --> 23:50.000] Abuse of official capacity and official oppression are two of which they can be charged. [23:50.000 --> 23:59.000] Okay, and those are two that I've filled out, also with conspiracy and I think also aggravated kidnapping [23:59.000 --> 24:01.000] because they ordered some... [24:01.000 --> 24:06.000] You can't charge them aggravated kidnapping until the act has been committed. [24:06.000 --> 24:09.000] Well, but conspiracy, right? [24:09.000 --> 24:13.000] You can't prove that, okay? [24:13.000 --> 24:15.000] Even with an order. [24:15.000 --> 24:19.000] The order is for a warrant, not for a kidnapping. [24:19.000 --> 24:24.000] You have to make the case that it's a kidnapping after it's been executed illegally. [24:24.000 --> 24:27.000] Okay, got you. [24:27.000 --> 24:37.000] Okay, the other question I have is supposing that while all of this is going on, if I get pulled over, [24:37.000 --> 24:45.000] in the meantime, and they say, hey, you know, you're this guy, you have a warrant for your arrest, et cetera, et cetera, [24:45.000 --> 24:48.000] obviously I expect them to take me to jail for that. [24:48.000 --> 24:55.000] Is there anything that I would be able to say or do in front of that officer, whether it's municipal, sheriff? [24:55.000 --> 24:59.000] No, they're going to do what they want to do regardless. [24:59.000 --> 25:03.000] However, he's not authorized by the warrant to take you to jail. [25:03.000 --> 25:08.000] He is commanded by the warrant to deliver you before the magistrate that issued it. [25:08.000 --> 25:12.000] And I just need to remind him somewhat politely to do that. [25:12.000 --> 25:13.000] That's correct. [25:13.000 --> 25:21.000] Does your warrant specifically direct you to take me before the magistrate or to place me in a jail cell? [25:21.000 --> 25:22.000] Well, here's the deal. [25:22.000 --> 25:27.000] I have not yet found a warrant, and of course I've only been off of work. [25:27.000 --> 25:30.000] Well, they probably aren't going. [25:30.000 --> 25:32.000] Well, you won't see it until it's been executed. [25:32.000 --> 25:39.000] It is not made a part of the Accessible Public Record until it's been executed. [25:39.000 --> 25:44.000] Now, if you say it hasn't been made part of the Public Record, are they still broadcasting that, [25:44.000 --> 25:47.000] do you think, often to other districts? [25:47.000 --> 25:50.000] There's no telling where they're sending it to. [25:50.000 --> 25:53.000] Some of them never get beyond the department in the local area. [25:53.000 --> 25:55.000] Some of them go statewide. [25:55.000 --> 25:58.000] It all depends on who it is. [25:58.000 --> 26:01.000] Generally, if they have a regional computer system, [26:01.000 --> 26:06.000] like Dallas-Fort Worth area has 15 surrounding counties, [26:06.000 --> 26:14.000] they will only post the warrant for as far as they're prepared to transport you. [26:14.000 --> 26:18.000] If you're in Austin, they're not going to post the warrant in Houston [26:18.000 --> 26:24.000] because they're not going to want to pay the money to transport you from Houston to Austin for a traffic ticket. [26:24.000 --> 26:30.000] Well, sometimes don't they just charge that to the defendant? [26:30.000 --> 26:32.000] Wait, I didn't understand the question. [26:32.000 --> 26:37.000] No, they can't run that charge back against the defendant. [26:37.000 --> 26:39.000] Okay. [26:39.000 --> 26:40.000] All right. [26:40.000 --> 26:41.000] Well, very good. [26:41.000 --> 26:43.000] So right now I have the criminal complaints filled out. [26:43.000 --> 26:48.000] I'm just waiting for the names of who they're supposed to go to, [26:48.000 --> 26:51.000] the motions and everything I'm going to file tomorrow. [26:51.000 --> 26:53.000] Now, let me ask you this. [26:53.000 --> 26:58.000] With these motions, obviously, to quash the warrant, to recall the warrant, [26:58.000 --> 27:04.000] I don't feel like I should really appear at the courthouse to turn those in. [27:04.000 --> 27:07.000] Should I do that via a certified... [27:07.000 --> 27:16.000] After your initial appearance is made, anything else can be done by mail except for the actual ordered appearances under Chapter 23. [27:16.000 --> 27:19.000] Well, the reason why I'm saying that, yeah, I understand that. [27:19.000 --> 27:22.000] But the reason why I'm saying that is because there's a warrant. [27:22.000 --> 27:29.000] So I don't want to show up there and try to turn papers and then they arrest me and tell me, hey, you know, whatever. [27:29.000 --> 27:36.000] Okay, which, pardon the way it sounds, but changes what I just said how. [27:36.000 --> 27:38.000] You're asking why would I show up down there? [27:38.000 --> 27:39.000] I'm saying don't. [27:39.000 --> 27:41.000] You can do it by mail. [27:41.000 --> 27:42.000] Okay. [27:42.000 --> 27:43.000] All right, perfect. [27:43.000 --> 27:50.000] So I need to send that certified, obviously, and I don't know, can I send that restricted to a courthouse? [27:50.000 --> 27:53.000] No, because you don't know who you're restricting it to. [27:53.000 --> 27:57.000] Just mail it to the courthouse, certified mail return receipt requested. [27:57.000 --> 28:04.000] It does not have to be restricted because you don't know who the name is making it restricted. [28:04.000 --> 28:10.000] So I shouldn't wait for a public information request to come back with the name of the judge and the city attorney. [28:10.000 --> 28:12.000] Why? [28:12.000 --> 28:17.000] Well, I'm just saying just go ahead and send that now. [28:17.000 --> 28:25.000] Okay, the information request goes to the custodian of the record who is... [28:25.000 --> 28:28.000] Yeah, which in this case is the city secretary. [28:28.000 --> 28:42.000] Under the Open Records Act, the custodian of the record is the head of the department unless the head of the department has designated a specific custodian of the record. [28:42.000 --> 28:53.000] And any member of the department or any other associated department who receives an open records request is required to forward it to the custodian of the record. [28:53.000 --> 28:55.000] So you don't care who gets it. [28:55.000 --> 28:57.000] You just send it to the office. [28:57.000 --> 29:02.000] Okay, is this Trumbull in Ellis County? [29:02.000 --> 29:04.000] I'm sorry, go ahead. [29:04.000 --> 29:07.000] Are we talking about Trumbull in Ellis County? [29:07.000 --> 29:08.000] No, no, no. [29:08.000 --> 29:11.000] This is Tomball City in Harris County. [29:11.000 --> 29:16.000] Okay, spell the Trumbull. [29:16.000 --> 29:18.000] No, it's Harris County. [29:18.000 --> 29:20.000] Spell the city name. [29:20.000 --> 29:26.000] Oh, Tomball, T-O-M-B-A-L-L. [29:26.000 --> 29:30.000] Okay. [29:30.000 --> 29:31.000] And... [29:31.000 --> 29:35.000] So, yeah, so it's going to be the city secretary. [29:35.000 --> 29:38.000] And I've already filed that public information request. [29:38.000 --> 29:45.000] Actually, it's two different forms, one in written form and one on the online request. [29:45.000 --> 29:47.000] Okay. [29:47.000 --> 29:48.000] All right. [29:48.000 --> 29:50.000] Well, anything else? [29:50.000 --> 29:54.000] Well, I reckon that's it except for I have one more question. [29:54.000 --> 29:55.000] Okay, well, hang on. [29:55.000 --> 29:57.000] We're going to break again. [29:57.000 --> 30:03.000] All right, folks, we'll be right back. [30:03.000 --> 30:04.000] Financial pop quiz. [30:04.000 --> 30:09.000] What company makes more money in a year than Google and Walmart combined? [30:09.000 --> 30:12.000] In terms of earnings, it's like its own small nation. [30:12.000 --> 30:16.000] I'm Dr. Catherine Albrecht, and in a moment I'll tell you who it is. [30:16.000 --> 30:18.000] Privacy is under attack. [30:18.000 --> 30:22.000] When you give up data about yourself, you'll never get it back again. [30:22.000 --> 30:27.000] And once your privacy is gone, you'll find your freedoms will start to vanish too. [30:27.000 --> 30:32.000] So protect your rights, say no to surveillance, and keep your information to yourself. [30:32.000 --> 30:35.000] Privacy, it's worth hanging on to. [30:35.000 --> 30:38.000] This message is brought to you by Startpage.com, [30:38.000 --> 30:42.000] the private search engine alternative to Google, Yahoo, and Bing. [30:42.000 --> 30:46.000] Start over with Startpage. [30:46.000 --> 30:48.000] Wah ha ha, I almost rule the world. [30:48.000 --> 30:53.000] My devices are everywhere, and people line up on city streets for my new releases. [30:53.000 --> 30:54.000] Who am I? [30:54.000 --> 30:55.000] Ding ding. [30:55.000 --> 31:00.000] The answer is Apple Inc., the real big Apple, with all due respect to New York City. [31:00.000 --> 31:06.000] With sales last year of $128 billion in stock value that dwarfs both Exxon and Microsoft, [31:06.000 --> 31:09.000] Apple is king of the corporate Apple cart. [31:09.000 --> 31:14.000] The company earns more than 160 countries and sells 11 iPads every second. [31:14.000 --> 31:19.000] The 72 million iPhones sold last year alone weigh as much as the Eiffel Tower. [31:19.000 --> 31:24.000] That's scary big, but look out world, one rotten apple could spoil the whole barrel. [31:24.000 --> 31:31.000] I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine. [31:31.000 --> 31:33.000] What are you thinking? [31:33.000 --> 31:39.000] Micro plant powder with iodine and probiotics for a total body detox for around $10 a month. [31:39.000 --> 31:45.000] USA.org has 12 formulations of micro plant powder for absorbing and removing toxins from your kidneys, [31:45.000 --> 31:49.000] liver, blood, lungs, stomach, and colon, and feel better than ever. [31:49.000 --> 31:53.000] It alkalizes, oxygenates, kills parasites, does the job of 10 products. [31:53.000 --> 31:55.000] That saves you space, time, and money. [31:55.000 --> 32:02.000] Call 888-910-4367 only at nsa.org. [32:02.000 --> 32:06.000] Rule of Law Radio is proud to offer the Rule of Law traffic seminar. [32:06.000 --> 32:10.000] In today's America, we live in an us-against-them society, and if we the people are ever going to have a free society, [32:10.000 --> 32:13.000] then we're going to have to stand and defend our own rights. [32:13.000 --> 32:16.000] Among those rights are the right to travel freely from place to place, [32:16.000 --> 32:20.000] the right to act in our own private capacity, and most importantly, the right to due process of law. [32:20.000 --> 32:26.000] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process. [32:26.000 --> 32:29.000] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, [32:29.000 --> 32:34.000] has put together the most comprehensive teaching tool available that will help you understand what due process is [32:34.000 --> 32:36.000] and how to hold courts to the rule of law. [32:36.000 --> 32:41.000] You can get your own copy of this invaluable material by going to ruleoflawradio.com and ordering your copy today. [32:41.000 --> 32:46.000] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie, [32:46.000 --> 32:51.000] video and audio of the original 2009 seminar, hundreds of research documents, and other useful resource material. [32:51.000 --> 32:55.000] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [32:55.000 --> 33:03.000] Order your copy today, and together we can have the free society we all want and deserve. [33:03.000 --> 33:08.000] Live, free speech radio, logosradionetwork.com. [33:33.000 --> 33:57.000] When you're gonna stop abuse, give power When you're gonna stop abuse, give power [33:57.000 --> 34:08.000] So please Mr. Michael and each officer not to abuse their power Send a request to the leader, the captain of all officers [34:08.000 --> 34:19.000] Tell them to uphold the law, or please don't abuse their power The beat and the beat and the cheat and the cheat and the light every hour [34:19.000 --> 34:27.000] All right, folks, we are back. This is Rule of Law Radio, Thursday night show, and I am going to try to wrap this up with Josh. [34:27.000 --> 34:31.000] All right, Josh, let me see if I can help you out here real quick, okay? [34:31.000 --> 34:45.000] The presiding judge in Tomball, Texas is Andrea Jay Walker. Blair Bruce, Larissa Corduba, Florencia. [34:45.000 --> 34:49.000] Hang on, I'm sorry. I'm sorry. You said Judge Andrea Walker, right? [34:49.000 --> 34:51.000] Andrea Jay Walker. [34:51.000 --> 34:53.000] Gotcha, okay. [34:53.000 --> 35:00.000] Blair Bruce, Larissa Corduba, Florencia, and Brett D. Peabody are all three associate judges. [35:00.000 --> 35:10.000] So I recommend you also file the round robin processing objection motion as well. [35:10.000 --> 35:19.000] Well, notice, not motion, but notice. And make sure that anything that you file as a notice the court does not attempt to rule on, [35:19.000 --> 35:21.000] object if they try to do that. [35:21.000 --> 35:32.000] Sure, yeah, absolutely. I only caught those first two names, the judge and the first associate judge, which was Blair Bruce. [35:32.000 --> 35:41.000] Larissa Corduba, Florencia, if you will send me an email, I will send you the list of municipal courts in Texas by city, [35:41.000 --> 35:47.000] and here's the list of everybody that's a judge in that city for the municipality. [35:47.000 --> 35:55.000] I sure will. I actually sent you one today, and I'm sure that you were too busy to see it, but I'll send you another one. [35:55.000 --> 35:57.000] Should I put a title in that email for you? [35:57.000 --> 36:00.000] Just tell me that you want the list of Texas municipal courts. [36:00.000 --> 36:11.000] Okay, perfect. Now, the other question I have is, is criminal complaints a valid option at this point in time, [36:11.000 --> 36:15.000] seeing as how they already broke the law and issued the warrants without... [36:15.000 --> 36:21.000] No, no, no, no. They haven't broken the law until the warrant is proven illegal. [36:21.000 --> 36:25.000] The warrant is proven illegal the moment you're falsely arrested with it. [36:25.000 --> 36:34.000] Unfortunately, you have no claim until a harm has been committed, and there you're going to have a hard time arguing [36:34.000 --> 36:37.000] it's a rights violation until the right's been violated. [36:37.000 --> 36:46.000] The fact that they violate the code, they do that every day, but until an actual harm to you results from that violation, [36:46.000 --> 36:51.000] you don't have a leg to stand on in charging them or suing them. [36:51.000 --> 36:57.000] Okay. Well, that's good that you said that, because that actually brings me to my next question, which was... [36:57.000 --> 37:02.000] If you keep going to the next questions, the show's going to be all about you. [37:02.000 --> 37:07.000] All right. Okay. Well, how about... [37:07.000 --> 37:11.000] If you have another question, send it to me with your email. [37:11.000 --> 37:12.000] Okay. [37:12.000 --> 37:17.000] All right. That way we can free this up for Randy to handle the other folks that are on the board behind you. [37:17.000 --> 37:19.000] Hey, no problem. Appreciate it. [37:19.000 --> 37:21.000] Thanks for calling in. [37:21.000 --> 37:22.000] Bye. [37:22.000 --> 37:24.000] All right. That takes care of Josh. [37:24.000 --> 37:27.000] Randy, what do you want to get on to here, if any of that? [37:27.000 --> 37:32.000] Okay. We want to go to Jeff in Mississippi. [37:32.000 --> 37:37.000] Since he's calling in, good chance he can get thrown in jail the other day. [37:37.000 --> 37:41.000] Hello, Josh. Josh, Jeff. [37:41.000 --> 37:43.000] Hey, Randy. [37:43.000 --> 37:46.000] How did your trial go? [37:46.000 --> 37:51.000] It hasn't happened yet. It's the hearing's tomorrow. The trial is Monday. [37:51.000 --> 37:59.000] Oh, okay. Have you filed anything against these guys? [37:59.000 --> 38:15.000] Yes. The last time I spoke to you, I was supposed to file a motion to compel my public defender for a request for discovery and a motion to dismiss, and I did that. [38:15.000 --> 38:37.000] I also filed 10 bar complaints against him, and I showed up for court today or at the courthouse to look for papers, and he was there and surprised me with a hearing tomorrow because he wants to withdraw from the case. [38:37.000 --> 38:47.000] So I'm due in court tomorrow at 9 a.m. for a hearing for motion to withdraw, and I wanted to get... [38:47.000 --> 38:54.000] You had told me before that if he tries to withdraw, you need to tell the judge that I will sue you for breach of contract. [38:54.000 --> 38:57.000] Don't tell the judge that. Just do that. [38:57.000 --> 38:58.000] Don't. [38:58.000 --> 39:16.000] You go in and object to the prosecutor withdrawing, I mean the defense attorney withdrawing, and tell the court that it is irregular for a defense attorney to withdraw prior to trial. [39:16.000 --> 39:19.000] It is irregular. [39:19.000 --> 39:21.000] Go ahead. [39:21.000 --> 39:23.000] Oh, I'm just repeating here. I'm sorry. [39:23.000 --> 39:35.000] It's irregular and it's not normally approved of because it will deny you due process and the right to competent counsel. [39:35.000 --> 39:37.000] Okay. [39:37.000 --> 39:40.000] Okay, so don't threaten the judge to sue him for breach of contract. [39:40.000 --> 39:44.000] No, never threaten anybody. [39:44.000 --> 39:45.000] Got it. [39:45.000 --> 39:49.000] It's the attorney with the breach of contract. It's not the judge. [39:49.000 --> 39:55.000] The judge interfering with, tortures interference with the private contract. [39:55.000 --> 39:57.000] He doesn't have that authority. [39:57.000 --> 40:03.000] This is contract between you and the court appointed counsel. [40:03.000 --> 40:06.000] Court appointed counsel is going to say, I'm not in a contract with you. [40:06.000 --> 40:08.000] I'm in a contract with the state. [40:08.000 --> 40:14.000] You're going to say, yes, you are, and I'm the intended third party beneficiary, and I have rights under the contract. [40:14.000 --> 40:17.000] And the judge is going to interfere with that contract. [40:17.000 --> 40:22.000] That contract don't have anything to do with the judge's jurisdiction. [40:22.000 --> 40:26.000] But I don't have to raise any of that during the hearing, right? [40:26.000 --> 40:29.000] You don't say anything about that in the hearing. [40:29.000 --> 40:40.000] If he allows the lawyer to withdraw, then you immediately send a tort letter to the judge, move to disqualify the judge, [40:40.000 --> 40:46.000] notice the judge if you intend to sue for interference with the private contract. [40:46.000 --> 40:50.000] Okay. Well, the trial is Monday. [40:50.000 --> 40:53.000] Move to recuse the judge. [40:53.000 --> 40:56.000] Okay. And I can do that right then and there in the hearing? [40:56.000 --> 40:58.000] Yes. [40:58.000 --> 41:00.000] Okay. [41:00.000 --> 41:07.000] They're probably not going to do this, but you're setting the record for appeal. [41:07.000 --> 41:20.000] So for him, for your lawyer, for the judge to allow your lawyer to withdraw a couple of days before trial, [41:20.000 --> 41:27.000] he needs to get a bar grievance for filing the motion to withdraw. [41:27.000 --> 41:31.000] That's absolutely improper. [41:31.000 --> 41:39.000] And he wants to withdraw because you've demanded that he perform his duty. [41:39.000 --> 41:41.000] So hammer him. [41:41.000 --> 41:45.000] Okay. Got it. [41:45.000 --> 41:52.000] For the record, I'm going in tomorrow, and if they hit me over the head and try to plant drugs on me, I want the nation to know it. [41:52.000 --> 41:56.000] Try to have somebody with you if possible. [41:56.000 --> 42:00.000] Just make sure something you can barter with if you do go to jail. [42:00.000 --> 42:05.000] Yeah. Yeah. You got that right. I've been there before. [42:05.000 --> 42:10.000] Okay. That is all I have, and I will be in trial Monday, Tuesday, and Wednesday, [42:10.000 --> 42:16.000] and hopefully if I don't do 30 days on a contempt, I will give you a call next week. [42:16.000 --> 42:20.000] Oh, good. I hope to hear from you next week. [42:20.000 --> 42:27.000] Randy, real quick, how can I get a contempt, and how can I stay away from contempt? [42:27.000 --> 42:31.000] In this case, since it's a criminal hearing, it'd have to be criminal contempt, [42:31.000 --> 42:37.000] and before they can charge you with criminal contempt, they have to give you a warning. [42:37.000 --> 42:42.000] One way is never threaten to do anything. [42:42.000 --> 42:44.000] Register your objection. [42:44.000 --> 42:51.000] Keep in mind your only purpose here is to set the record for appeal. [42:51.000 --> 43:00.000] If you keep that in mind, it'll keep you from getting excited and frustrated. [43:00.000 --> 43:03.000] Just register your objection. [43:03.000 --> 43:08.000] If the judge gets tired of hearing you, register your objection telling your honor. [43:08.000 --> 43:10.000] I realize this is a pain in the neck. [43:10.000 --> 43:17.000] If you will agree to register my objection to every issue that is brought, [43:17.000 --> 43:20.000] I'll stop annoying the court with all of these objections, [43:20.000 --> 43:24.000] and I've got the court to do that in my hearing. [43:24.000 --> 43:32.000] So if you can get him to do that, then you don't have to worry about missing an objection, [43:32.000 --> 43:35.000] because you've got everything objected to. [43:35.000 --> 43:40.000] If the judge has to warn you before he can charge you with criminal contempt, [43:40.000 --> 43:47.000] when he warns you, if you have to object, if you have to discuss something, [43:47.000 --> 43:50.000] you've got to set your sidebar so he can't tell the jury, [43:50.000 --> 43:52.000] and that'll probably keep you out of trouble for it. [43:52.000 --> 43:54.000] Okay, we're about to go to break. [43:54.000 --> 44:03.000] This is Randy Kelton, here with Eddie Craig, and we'll be right back. [44:03.000 --> 44:04.000] Hello. [44:04.000 --> 44:07.000] My name is Stuart Smith from naturespureorganics.com, [44:07.000 --> 44:11.000] and I would like to invite you to come by our store at 1904 Guadalupe Street, [44:11.000 --> 44:15.000] Sweet D, here in Austin, Texas, find Brave New Books and Chase Payne [44:15.000 --> 44:18.000] and fantastic health and wellness products with your very own eyes. [44:18.000 --> 44:22.000] Have a look at our Miracle Healing Clay that started our adventure in alternative medicine. [44:22.000 --> 44:24.000] Take a peek at some of our other wonderful products, [44:24.000 --> 44:30.000] including our Australian Eme oil, lotion candles, olive oil, soaps, and colloidal silver and gold. [44:30.000 --> 44:37.000] Call 512-264-4043 or find us online at naturespureorganics.com. [44:37.000 --> 44:43.000] That's 512-264-4043, naturespureorganics.com. [44:43.000 --> 45:01.000] Don't forget to like us on Facebook for information on events and our products, 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. [45:15.000 --> 45:19.000] If you have a lawyer, know what your lawyer should be doing. [45:19.000 --> 45:23.000] If you don't have a lawyer, know what you should do for yourself. [45:23.000 --> 45:28.000] Thousands have won with our step-by-step course, and now you can too. [45:28.000 --> 45:34.000] Juris Dictionary was created by a licensed attorney with 22 years of case-winning experience. [45:34.000 --> 45:39.000] Even if you're not in a lawsuit, you can learn what everyone should understand [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 --> 46:15.000] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ. [46:15.000 --> 46:22.000] We did not have any problems waiting on a book for one. If you could not wait any [46:22.000 --> 46:26.000] bound to the law, would you purposefully die? [46:26.000 --> 46:32.000] Such a gentleman, a soldier, a warrior on the floor, scuffle and they're keeping peace. [46:32.000 --> 46:47.000] All is taken in the misunderstanding. Somebody calls the police, watching the spotlight, watching the spotlight. [46:47.000 --> 46:53.000] Okay, we are back in Kelton. Eddie Craig has left us. [46:53.000 --> 47:01.000] So when we were talking to Jeff in Mississippi, Jeff, are we pretty well done with you? [47:01.000 --> 47:04.000] I have got one more quick question. [47:04.000 --> 47:05.000] All right. [47:05.000 --> 47:11.000] I have refined myself to where I can get this done usually in five minutes. [47:11.000 --> 47:18.000] Okay, I've got two trains of thought and I'm not sure which one to pick. [47:18.000 --> 47:24.000] One group says that you can only challenge jurisdiction before you plead. [47:24.000 --> 47:31.000] The other group says that you can challenge jurisdiction during trial and stop the trial if they don't have evidence. [47:31.000 --> 47:37.000] You can challenge subject matter jurisdiction at any time. [47:37.000 --> 47:38.000] Got it. [47:38.000 --> 47:47.000] What you can't challenge after the trial starts is the sufficiency of the complaint. [47:47.000 --> 47:48.000] Okay. [47:48.000 --> 47:54.000] The complaint of the indictment, that has to be challenged before the trial starts. [47:54.000 --> 47:58.000] So if your lawyer has put in a motion to withdraw, [47:58.000 --> 48:07.000] then you have documents challenging the sufficiency of the indictment, correct? [48:07.000 --> 48:13.000] Yes, and I sent those to him and I have a record of that, him to do it. [48:13.000 --> 48:18.000] Then you have that before the court. [48:18.000 --> 48:25.000] That's the one thing that you would lose if you were unable to challenge it before the trial starts. [48:25.000 --> 48:35.000] The subject matter jurisdiction anytime, in personum jurisdiction you can waive. [48:35.000 --> 48:36.000] All right. [48:36.000 --> 48:40.000] Now at the end of the trial, I'm sorry I interrupted you. [48:40.000 --> 48:53.000] But if the court has established that the complaint was sufficient to invoke the subject matter jurisdiction of the court, [48:53.000 --> 48:59.000] in that it alleges a crime that occurred within the jurisdictional boundaries of the court [48:59.000 --> 49:07.000] and within the severity of felony or misdemeanor, [49:07.000 --> 49:11.000] it's a type of crime that the court has jurisdiction over. [49:11.000 --> 49:14.000] If it establishes that it has subject matter jurisdiction, [49:14.000 --> 49:19.000] now it has to establish that it has jurisdiction over your person. [49:19.000 --> 49:25.000] And they would challenge that by saying double jeopardy, [49:25.000 --> 49:29.000] by saying that he is the wrong person named. [49:29.000 --> 49:31.000] Or there's probably two or three others. [49:31.000 --> 49:37.000] Those are the primary ones that you would go to for in personum jurisdiction. [49:37.000 --> 49:43.000] If you don't challenge in personum jurisdiction, you can waive that. [49:43.000 --> 49:48.000] But subject matter jurisdiction never can be waived. [49:48.000 --> 49:50.000] I'll give you an example. [49:50.000 --> 49:52.000] I'll tell you what. [49:52.000 --> 49:55.000] How about you let me be the judge in your case? [49:55.000 --> 49:57.000] I'll just be the judge. [49:57.000 --> 49:59.000] Okay. [49:59.000 --> 50:05.000] What can you do if I am not a proper judge with proper jurisdiction? [50:05.000 --> 50:09.000] What can you do to give me jurisdiction? [50:09.000 --> 50:11.000] I don't know. [50:11.000 --> 50:13.000] Nothing. [50:13.000 --> 50:19.000] So if that judge steps forward and he lacks subject matter jurisdiction, [50:19.000 --> 50:25.000] there is not anything you can do to give him subject matter jurisdiction, [50:25.000 --> 50:28.000] no more than you could give it to me. [50:28.000 --> 50:34.000] So that's how to understand subject matter. [50:34.000 --> 50:35.000] Okay. [50:35.000 --> 50:37.000] Well, help me on this. [50:37.000 --> 50:41.000] The prosecution, I'm going to court over a gun on campus property. [50:41.000 --> 50:43.000] I was in apartments. [50:43.000 --> 50:52.000] The prosecution has absolutely no paperwork at all stating that the apartments are on campus property. [50:52.000 --> 50:53.000] Nothing. [50:53.000 --> 50:54.000] No documents. [50:54.000 --> 50:57.000] So what jurisdiction would I challenge? [50:57.000 --> 51:00.000] That's not a jurisdictional issue. [51:00.000 --> 51:01.000] Okay. [51:01.000 --> 51:02.000] What would that be? [51:02.000 --> 51:05.000] The court would have subject matter jurisdiction. [51:05.000 --> 51:09.000] That would go to the sufficiency of the complaint. [51:09.000 --> 51:11.000] Sufficiency of the complaint? [51:11.000 --> 51:12.000] Yes. [51:12.000 --> 51:18.000] And you can move to dismiss once the prosecutor has presented his case, [51:18.000 --> 51:26.000] if he's presented no evidence to show that the property in question was in fact college property, [51:26.000 --> 51:30.000] then you move to dismiss for lack of prosecution. [51:30.000 --> 51:34.000] Lack of prosecution, okay. [51:34.000 --> 51:38.000] Because they fail to show an element of the crime. [51:38.000 --> 51:47.000] And one of the elements is that this particular crime is that it had to be on college property. [51:47.000 --> 51:53.000] And it doesn't matter if it is or not, he has to prove that. [51:53.000 --> 51:56.000] He hasn't proved it and he can't prove it out of his own mouth. [51:56.000 --> 52:00.000] He's the mouthpiece and he's the lawyer. [52:00.000 --> 52:02.000] He can't present evidence. [52:02.000 --> 52:11.000] He has to prove it out of somebody else's mouth, someone with personal knowledge or best evidence. [52:11.000 --> 52:14.000] And that was called lack of prosecution? [52:14.000 --> 52:16.000] Yes. [52:16.000 --> 52:18.000] Okay. [52:18.000 --> 52:28.000] Now at the end of the trial, the judge is going to ask me, does the defense rest? [52:28.000 --> 52:36.000] Well, we hate to have to say that, but if you've presented everything that you have to present, say yes. [52:36.000 --> 52:38.000] Okay. [52:38.000 --> 52:44.000] I thought that I would say no, which would try to stop the court, but that's not going to be any good. [52:44.000 --> 52:47.000] No, you can't stop the court that way. [52:47.000 --> 52:54.000] If you don't have anything else to present to the court, if you say no, then the court is going to ask you what you have to present. [52:54.000 --> 53:00.000] And if you have nothing else to present, then the court is going to rule that the case is ended. [53:00.000 --> 53:04.000] It won't serve any purpose for you not to rest your case. [53:04.000 --> 53:05.000] Okay. [53:05.000 --> 53:14.000] So bottom line is prosecution is going to show up with no paperwork and I'm going to get him on insufficient evidence, lack of prosecution. [53:14.000 --> 53:20.000] Yes. And you don't raise, you know, you don't jump up and down and say insufficient, insufficient, insufficient. [53:20.000 --> 53:29.000] You let him finish what he's doing and then you move to dismiss for insufficient evidence. [53:29.000 --> 53:39.000] Once he's rested the prosecution, you don't give him fair warning. [53:39.000 --> 53:49.000] He may not even think of that issue, but if you raise it, then you'll think about it and you'll go get something to prove that position. [53:49.000 --> 53:55.000] If he didn't try to prove it last time, he probably won't try to prove it this time. [53:55.000 --> 53:56.000] Yes. [53:56.000 --> 54:03.000] So you just let him do what he does and then when he doesn't prove it up, then you move to dismiss. [54:03.000 --> 54:07.000] Okay. Okay, got it. [54:07.000 --> 54:09.000] Okay. Good luck, Jeff. [54:09.000 --> 54:12.000] All right. Thank you. I'm going to go get him. [54:12.000 --> 54:16.000] Okay. Talk to you next week. [54:16.000 --> 54:20.000] Okay. Now we're going to go to Mike in Texas. [54:20.000 --> 54:22.000] Hello, Mike. [54:22.000 --> 54:24.000] Hey, Randy. [54:24.000 --> 54:41.000] Barry Krennicke asked me to call in. I guess I've got a hearing tomorrow regarding a petition for writ amandamus to try to require some information. [54:41.000 --> 54:45.000] Wait, I thought this was a hearing to disqualify the judge. [54:45.000 --> 54:58.000] Well, it is, but I'm going to put a notice abroad and a petition also for a court of inquiry, but the main purpose is to disqualify the judge. [54:58.000 --> 55:06.000] Okay. Well, if it's a hearing to disqualify the judge, you're not going to be able to hear anything else at that hearing. [55:06.000 --> 55:07.000] Okay. [55:07.000 --> 55:16.000] You can file these motions, but the other side will be required to have notice and it'd have to be a hearing set and time set for that. [55:16.000 --> 55:24.000] They're very unlikely they're going to let you present anything other than evidence going to disqualification of the judge. [55:24.000 --> 55:25.000] Okay. [55:25.000 --> 55:35.000] But this is a good thing because most of the times when we file a motion to disqualify, the head administrative judge in the district gets it and denies it out of hand immediately. [55:35.000 --> 55:41.000] And they are required by statute to hold a hearing, get notice and set a hearing. [55:41.000 --> 55:51.000] So the fact that they're holding a hearing tends to indicate that you're getting their attention. [55:51.000 --> 55:54.000] You have a lot of background noise. [55:54.000 --> 56:02.000] I am sorry. I did everything in my power to kill this. If you want, I can let other callers come on. [56:02.000 --> 56:07.000] Go ahead. [56:07.000 --> 56:11.000] Well, that's going to be primarily the hearing for tomorrow. [56:11.000 --> 56:17.000] I'm kind of going in a little bit unprepared. [56:17.000 --> 56:21.000] I'm not certain exactly even what to expect. [56:21.000 --> 56:25.000] I didn't expect to get this far. [56:25.000 --> 56:28.000] Well, that's a good sign. [56:28.000 --> 56:35.000] Where is the hearing and when, if there's anybody out there who would like to appear and watch, you're likely to find it interesting. [56:35.000 --> 56:43.000] And the more people that show up, the more problematic it is for this county. [56:43.000 --> 56:46.000] Well, it'll be 1000 Guadalupe. [56:46.000 --> 56:48.000] It'll be on the fifth floor. [56:48.000 --> 56:58.000] It'll be room 512, so Eric voted Austin's 512. And then the court is 98th District Court. [56:58.000 --> 57:07.000] So at the previous hearing, the county attorney confessed to the court on the record that as a matter of policy, [57:07.000 --> 57:16.000] they destroy all electronic recordings and that they're required by statute to maintain until all litigation has ceased. [57:16.000 --> 57:22.000] They destroy it as a matter of policy within days or less of them actually recording it. [57:22.000 --> 57:30.000] So all the Magistration hearings, all the examining trial information, all the bond hearings, anything to do with intake, [57:30.000 --> 57:35.000] anything that they do, they just as a matter of course, they claim. [57:35.000 --> 57:42.000] So that's something that I'm going to bring up for tomorrow. [57:42.000 --> 57:46.000] Wait a minute, I missed part of that. [57:46.000 --> 57:50.000] Well, as a matter of policy, they violate... [57:50.000 --> 57:52.000] Oh, okay. [57:52.000 --> 58:04.000] Them destroying the recordings, that's a great issue because when you told the judge that they destroy them as a matter of policy, [58:04.000 --> 58:14.000] that invoked the Magisterial duty of the judge to have a person arrested because that's criminal. The judge didn't. [58:14.000 --> 58:22.000] So that should give you claims against the judge for official misconduct. [58:22.000 --> 58:27.000] Hang on, this is Randy Kelton, Deborah Stevens, ruler of our radio. [58:27.000 --> 58:33.000] I'll call it number 512-646-1984. We're going to our top of the hour break. [58:33.000 --> 58:40.000] But if you have any questions or comments, we'll have our phones open all night, so give us a call. [58:40.000 --> 58:45.000] The phone lines tend to build up toward the end, so call in early. [58:45.000 --> 58:50.000] We have Darlene and Bob in Florida, Bob in Texas. [58:50.000 --> 58:58.000] The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it. [58:58.000 --> 59:06.000] Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the scripture. [59:06.000 --> 59:09.000] Enter the recovery version. [59:09.000 --> 59:18.000] First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes. [59:18.000 --> 59:27.000] Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the Word beyond which you've ever experienced before. [59:27.000 --> 59:33.000] Bibles for America would like to give you a free recovery version simply for the asking. [59:33.000 --> 59:47.000] This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102 or by ordering online at freestudybible.com. [59:47.000 --> 59:50.000] That's freestudybible.com. [59:50.000 --> 01:00:00.000] You're listening to the Logos Radio Network at logosradionetwork.com. [01:00:00.000 --> 01:00:09.000] This is the Liberty Beat, your daily source for Liberty news and activist updates, online at thelibertybeat.com. [01:00:09.000 --> 01:00:13.000] I'm Brian Hagan with your Liberty Beat for Thursday, July 31, 2014. [01:00:13.000 --> 01:00:22.000] Gold opens today at $1,295, silver open at $20.66, and Bitcoin is trading around $574. [01:00:22.000 --> 01:00:29.000] Support for the Liberty Beat comes from Affordable Sound, CD and DVD duplication for all your print and audio duplication needs. [01:00:29.000 --> 01:00:34.000] Mention promo code LIBERTY and get 5% off all DVD and CD duplication jobs. [01:00:34.000 --> 01:00:41.000] Online, affordablesound.com, or give them a call, 512-459-5253. [01:00:41.000 --> 01:00:54.000] In the news, the United Nations has accused Israel of seriously violating international law after it struck a school located within a refugee camp, killing at least 15 people, mostly women and children, as they slept. [01:00:54.000 --> 01:00:57.000] That word from a report published by The Guardian. [01:00:57.000 --> 01:01:05.000] The UN secretary-general said the attack, which left 100 more injured, was outrageous and unjustifiable, and demanded accountability and justice. [01:01:05.000 --> 01:01:13.000] The attack left 17 dead, including a journalist, according to Gaza health officials. [01:01:13.000 --> 01:01:19.000] On Tuesday, the United States and the European Union announced plans to inflict a new round of sanctions against Moscow. [01:01:19.000 --> 01:01:33.000] The broader sanctions include limiting access to EU capital markets for Russian state-owned financial institutions, imposing an embargo on arms trade, and reducing Russia's access to sensitive technologies, particularly in the oil sector. [01:01:33.000 --> 01:01:44.000] In a speech in front of the White House, Obama said the U.S. will block the exports of specific goods and technologies to the Russian energy sector. [01:01:44.000 --> 01:01:55.000] Albuquerque Police Department is considering scrapping use of its MRAP armored vehicle after opposition from the public and negative press attention that accused the country of turning into a militarized police state. [01:01:55.000 --> 01:02:07.000] The department acquired the military-style vehicle through the Department of Defense's 1033 program, which allows law enforcement agencies to obtain war vehicles used to hunt insurgents in Iraq and Afghanistan. [01:02:07.000 --> 01:02:14.000] An ACLU report warned that such vehicles are part of militarized policing, in which Americans are treated like wartime enemies. [01:02:14.000 --> 01:02:21.000] Support for Liberty Week comes from The Cory Moore Show, live each Friday night at 9 o'clock Central Time. [01:02:21.000 --> 01:02:32.000] That's CoryMoreShow.com. And support for Liberty Week comes from Roberts & Roberts Brokerage, Inc., specializing in precious metals since 1977. [01:02:32.000 --> 01:02:45.000] They don't beat the banks by taking credit cards, but you can bet they take bitcoin. Online at rrbi.co or by phone at 800-874-9760. [01:02:45.000 --> 01:02:55.000] This is the Liberty Beat for Thursday, July 31, 2014. Check out the website at thelibertybeat.com. [01:03:15.000 --> 01:03:40.000] Okay, we are back. We're in Kelton. [01:03:40.000 --> 01:03:46.000] We're talking to Mike in Texas. [01:03:46.000 --> 01:03:49.000] Hey, Randy. [01:03:49.000 --> 01:03:56.000] So I'm still not completely sure what's going to happen tomorrow. I'm going to play it by ear. [01:03:56.000 --> 01:03:59.000] I have a filing I'll put in. [01:03:59.000 --> 01:04:13.000] I wasn't notified till, you know, just this week that this hearing would occur Friday, so I'm going to do my best to prepare for it, but I'm not 100% certain how it'll proceed. [01:04:13.000 --> 01:04:23.000] Well, it's, you know, this is trial about setting the record for appeal. So you just kind of follow the thunder. [01:04:23.000 --> 01:04:35.000] That's true. Going to have to see how things go. You know, I was a little bit shocked that the county attorney confessed to destroying all these records as a matter of policy. [01:04:35.000 --> 01:04:39.000] Have you filed complaints against him for that yet? [01:04:39.000 --> 01:04:46.000] I'm about to. I want to establish a little bit of a record in that way it has a little more teeth to it. [01:04:46.000 --> 01:04:55.000] So pending the result of the hearing, I was going to start putting in criminal complaints to the district attorney and bar grievances. [01:04:55.000 --> 01:05:01.000] The other county attorney looked as if he just had eaten some bad shellfish. [01:05:01.000 --> 01:05:08.000] You know, his face was profusely red and he was sweating quite a bit. So I think he understood the significance of what. [01:05:08.000 --> 01:05:20.000] Yeah, especially since you have statements in the record that you were given certain of these recordings. [01:05:20.000 --> 01:05:28.000] What were they saying? You've got two different statements about these recordings previously that indicated that they existed. Would you explain those two? [01:05:28.000 --> 01:05:33.000] I have actually three different statements. One statement is that we provided it to you. [01:05:33.000 --> 01:05:38.000] The second one is that we've done a diligent search and we can't find these. [01:05:38.000 --> 01:05:44.000] And the third one is that the county attorney says as a matter of record that they just destroyed them. [01:05:44.000 --> 01:05:50.000] They destroyed them before my open records request, which I filed 10 days after from the arrest. [01:05:50.000 --> 01:05:57.000] They prosecuted me for 500 days plus left the charges open for another 730 days. [01:05:57.000 --> 01:06:09.000] And there's litigation that's going beyond that. So they have to maintain those records until all litigation has ceased. That's what the statute says. [01:06:09.000 --> 01:06:21.000] So they have statements where they asserted that they gave you the records. Were those? [01:06:21.000 --> 01:06:22.000] Yes. [01:06:22.000 --> 01:06:33.000] Statements made more than 30 days or were those statements made after you made your request for the records? [01:06:33.000 --> 01:06:37.000] They were made after I made the initial request. [01:06:37.000 --> 01:06:45.000] About 10 days later, I was the wife of one of the arresting officers refused to handle the Open Records Act. [01:06:45.000 --> 01:06:54.000] And so she handed the paper back, fled behind Bulletproof class and then ordered, you know, then I'm surrounded by about four sheriff deputies. [01:06:54.000 --> 01:07:03.000] They were about ready to take me to the ground again just for asking for the recordings, the audio and video recordings. [01:07:03.000 --> 01:07:08.000] About six months later, they finally claimed to comply through email. [01:07:08.000 --> 01:07:18.000] However, there is no email attachment that my email is incapable of accepting such a large file. So it's easily provable that their statement is perjured. [01:07:18.000 --> 01:07:32.000] But they did state that they sent that to you nine months after the incident. So that's evidence to indicate that the records still existed. [01:07:32.000 --> 01:07:34.000] Yeah. [01:07:34.000 --> 01:07:56.000] This is how perjury works. If there are two inconsistent statements, one mutually exclusive of the other, in an allegation of perjury, you don't have to prove which one was perjurious, only that one must have been. [01:07:56.000 --> 01:08:02.000] So whether they existed at the time or not is irrelevant. [01:08:02.000 --> 01:08:12.000] The one said they didn't exist. The other said they did exist. Both of the statements were material that should get an aggravated perjury accusation. [01:08:12.000 --> 01:08:19.000] Well, it's interesting that the county attorney is now dropping one of the litigants, Shelley Eaton, from the styling. [01:08:19.000 --> 01:08:25.000] So she's trying to secret her from the styling of the pleadings. [01:08:25.000 --> 01:08:33.000] Wait a minute. I don't know what that means. He dropped one of the litigants. Is that one of the defendants? [01:08:33.000 --> 01:08:44.000] Shelley Eaton was one of the defendants. And in the county's responses, they are now not including Shelley Eaton in the styling. [01:08:44.000 --> 01:08:50.000] That's interesting. Who is representing Shelley Eaton? [01:08:50.000 --> 01:08:56.000] Well, there is no ratification of commencement or assignment of counsel, which I did object to. [01:08:56.000 --> 01:09:04.000] There's nothing that says to me that the county attorney is actually representing them. They failed to show a move for a directed verdict. [01:09:04.000 --> 01:09:13.000] The judge refused to accept that. But he said, well, just the county attorney. He's an officer of the court. He doesn't have to take an oath. [01:09:13.000 --> 01:09:24.000] Anything you say has to be truthful. And so that's how the judge operated on that. So based on that, his statement then, therefore, [01:09:24.000 --> 01:09:30.000] when the county attorney says we destroyed as a matter of policy, that must be, therefore, a truthful statement. [01:09:30.000 --> 01:09:47.000] You understand that when the county attorney is defending a county official, he is not a prosecuting attorney. He's just a lawyer. [01:09:47.000 --> 01:09:51.000] Zero immunity. [01:09:51.000 --> 01:09:52.000] Okay. [01:09:52.000 --> 01:10:04.000] No more immunity than any lawyer you would hire would have. The county hired the prosecutor to represent county employees in a civil action. [01:10:04.000 --> 01:10:08.000] He has no immunity. [01:10:08.000 --> 01:10:18.000] So since the prosecutor admitted that he destroyed the evidence, sue him personally. [01:10:18.000 --> 01:10:32.000] For the whole thing. You cannot, you now cannot prove up your case because the prosecutor illegally destroyed the evidence by his own admission. [01:10:32.000 --> 01:10:37.000] That renders him personally liable. [01:10:37.000 --> 01:10:49.000] Wow. I didn't know that part of it. I know it says in Texas Code of Criminal Procedure 2.01 that in all instances where the county has sued, [01:10:49.000 --> 01:10:56.000] that Travis County attorney shall represent. But I just presumed at that point that he had immunity, but he's just an attorney. [01:10:56.000 --> 01:11:10.000] No. He's not prosecuted. He's a defense counsel. In this case, he is not covered by his prosecutorial immunity. [01:11:10.000 --> 01:11:15.000] Very interesting. That's going to be interesting to see how it plays out. [01:11:15.000 --> 01:11:25.000] You might either want to amend or file a separate action against this lawyer personally. [01:11:25.000 --> 01:11:35.000] That was Jerker Nott in his shorts. And that was essentially dead bang. [01:11:35.000 --> 01:11:44.000] He admitted to a crime in court that denied you in your ability to prove up your case. [01:11:44.000 --> 01:11:53.000] That may be why that other attorney was so red faced. [01:11:53.000 --> 01:12:00.000] Look at that. We do need to move along. [01:12:00.000 --> 01:12:09.000] Thanks for keeping us up to speed and stay after him. It's getting to the fun part. [01:12:09.000 --> 01:12:16.000] Thank you, Mike. Now we're going to go to Darlene in Florida. [01:12:16.000 --> 01:12:26.000] Hello, Darlene. I got your timeline yesterday, I think, but I did not have time to read it. [01:12:26.000 --> 01:12:32.000] I was busy all day being thrown out of the Tarrant County Courthouse. [01:12:32.000 --> 01:12:40.000] And I mean thrown out. A guy on each arm literally threw me through the door. [01:12:40.000 --> 01:12:51.000] These guys got no sense of humor. So I didn't get it then. I probably made it back in time for the show. [01:12:51.000 --> 01:13:00.000] Okay. Yeah, because I was just going to ask you if you could send me that format you used for the Statement of Facts Guideline. [01:13:00.000 --> 01:13:09.000] Because August 13th is when I've got the hearing coming up where they want to issue certificate of title on the property. [01:13:09.000 --> 01:13:14.000] And I've got to get in the record all of my evidence and facts. [01:13:14.000 --> 01:13:27.000] Okay. I will get on it shortly. I do want to state that getting a well-structured statement of facts is the most powerful thing you can do. [01:13:27.000 --> 01:13:31.000] Right. And that's why I want to get yours as a guideline to know what I'm doing here. [01:13:31.000 --> 01:13:42.000] Well, I don't really have a specific format other than to say on this day, this occurred. On this day, this occurred. [01:13:42.000 --> 01:13:47.000] What I generally do with a statement of facts is I put in everything. [01:13:47.000 --> 01:14:00.000] And when I get to the end, then I go back and look at, you might look at a, if you can find a pattern jury charge, [01:14:00.000 --> 01:14:06.000] you're in Florida, so do a search for pattern jury charges. [01:14:06.000 --> 01:14:08.000] Okay. [01:14:08.000 --> 01:14:16.000] Every lawyer who writes a pleading should start with a pattern jury charge. [01:14:16.000 --> 01:14:25.000] You have a case here, so you have a quiet title or a trespass to try title, and you want to play this before a jury. [01:14:25.000 --> 01:14:30.000] There will generally be a pattern jury charge made up for that. [01:14:30.000 --> 01:14:38.000] And what the pattern jury charge is, this is what must be proven. [01:14:38.000 --> 01:14:43.000] And they tell the jury, this is, these are the elements that must be proven. [01:14:43.000 --> 01:14:49.000] So you get that pattern jury charge, and then you back up from there. [01:14:49.000 --> 01:14:56.000] You go back and look at your statement of facts, and you start down your facts, [01:14:56.000 --> 01:15:04.000] and look at the facts that go to proving up elements of that pattern jury charge. [01:15:04.000 --> 01:15:11.000] If the fact goes to anything that's not included in the pattern jury charge, it's superfluous. [01:15:11.000 --> 01:15:21.000] Now, it may be something that was really emotional for you and really annoyed you, [01:15:21.000 --> 01:15:27.000] but if it doesn't go to the pattern jury charge, don't make any difference in the end. [01:15:27.000 --> 01:15:35.000] And we try to avoid putting in anything that does not go specifically to the elements that have to be proven. [01:15:35.000 --> 01:15:39.000] So statement of facts is a work of art. [01:15:39.000 --> 01:15:40.000] Okay. [01:15:40.000 --> 01:15:49.000] Think in terms of someone who doesn't know anything about what's going on here. [01:15:49.000 --> 01:15:57.000] How would you deal out a set of facts to him that would cause him to say, [01:15:57.000 --> 01:16:00.000] holy crap, look at this, look at this, look at this, [01:16:00.000 --> 01:16:07.000] and get him to come to the conclusions that you want him to come to? [01:16:07.000 --> 01:16:08.000] Okay. [01:16:08.000 --> 01:16:18.000] Now, you go through and only put in the facts that would lead a reasonable person of ordinary prudence. [01:16:18.000 --> 01:16:20.000] That is the standard. [01:16:20.000 --> 01:16:27.000] A reasonable person of ordinary prudence would lead them to come to the conclusion you want them to come to. [01:16:27.000 --> 01:16:47.000] Once you have that in there, then go back and look at the facts that must necessarily be included in order to keep you from sounding disreputable. [01:16:47.000 --> 01:16:48.000] Hang on. [01:16:48.000 --> 01:16:49.000] We'll talk about that a little bit. [01:16:49.000 --> 01:16:50.000] Come back on the outside. [01:16:50.000 --> 01:16:51.000] This is Randy Helton. [01:16:51.000 --> 01:16:53.000] David Stevens, review of our radio. [01:16:53.000 --> 01:16:56.000] I call it number 512-666-1984. [01:16:56.000 --> 01:16:57.000] We'll get to you there. [01:16:57.000 --> 01:16:58.000] We'll get to you. [01:16:58.000 --> 01:17:27.000] We'll be right back. [01:17:27.000 --> 01:17:33.000] If that wasn't enough, Dr. Griffin Cole, DDS, who's been featured on the Alex Jones show, loves it too. [01:17:33.000 --> 01:17:37.000] Hi, I'm Dr. Griffin Cole, and I got to tell you, I really love this Magic Mud plant. [01:17:37.000 --> 01:17:45.000] Because charcoal is so absorbent and very effective at taking off all the sticky plaque and debris that gets stuck on our teeth every day, I highly recommend My Magic Mud. 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[01:18:24.000 --> 01:18:27.000] If we don't have what you're looking for, we can find it. [01:18:27.000 --> 01:18:32.000] In addition, we carry popular young Jevity products such as Beyond Tangy Tangerine and Pollenburks. [01:18:32.000 --> 01:18:39.000] We also offer One World Way, Mountain House Storable Foods, Berkey Water Products, ammunition at 10% above wholesale, and more. [01:18:39.000 --> 01:18:43.000] We broker metals IRA accounts and we also accept Bitcoins as payment. [01:18:43.000 --> 01:18:51.000] Call us at 512-646-6440. We're located at 7304 Burnett Road, Suite A, about a half mile south of Anderson. [01:18:51.000 --> 01:18:55.000] We're open Monday through Friday 10 to 6, Saturdays 10 to 2. [01:18:55.000 --> 01:19:15.000] Call us today with us at capitalcoinandbullying.com or call 512-646-6440. [01:19:25.000 --> 01:19:36.000] Well, ain't gonna fool me with that same old trick again. [01:19:36.000 --> 01:19:41.000] I was blindsided, but now I can see your plan. [01:19:41.000 --> 01:19:47.000] You put the fear in my pocket, took your money from my hand. [01:19:47.000 --> 01:20:03.000] We're talking to Darlene in Florida and I can't emphasize enough how important a well-structured statement of facts is. [01:20:03.000 --> 01:20:13.000] I have a niece that's in a divorce situation and her husband is kind of freaking out and acting really, really ignorant. [01:20:13.000 --> 01:20:19.000] So she wanted to go to court and petition for a protective order. [01:20:19.000 --> 01:20:27.000] I forced her to wait three days while we produced a statement of facts. [01:20:27.000 --> 01:20:31.000] And this is relative to what you're doing. This is really short. [01:20:31.000 --> 01:20:37.000] And she wrote me a statement of facts and I told her it was a bunch of crap and made her redo it. [01:20:37.000 --> 01:20:50.000] She did it four or five times and then I would go back through it and look at it in terms of what were the elements that applied to the law in the case. [01:20:50.000 --> 01:20:54.000] After three days, we finally got this thing finished. [01:20:54.000 --> 01:21:05.000] There was a lot of time and I was being accused by my niece and my sister-in-law of nitpicking and just being difficult. [01:21:05.000 --> 01:21:15.000] We went to court. We went to the family court. She handed the petition to the clerk. [01:21:15.000 --> 01:21:21.000] The clerk went in and handed it to the judge. Five minutes later, she came out with it signed. [01:21:21.000 --> 01:21:28.000] He didn't hold a hearing. He did not ask her one question. He just signed it. [01:21:28.000 --> 01:21:40.000] And that's because he walked down that statement of facts and every element he needed to justify granting the order was there. [01:21:40.000 --> 01:21:44.000] Every question that came to his mind was answered right there. [01:21:44.000 --> 01:21:54.000] And it was written in a way so that we did not make a decision for him. [01:21:54.000 --> 01:22:01.000] If I say it, it can be a lie. But if you think it, then it's true. [01:22:01.000 --> 01:22:18.000] So you structure your statement of facts in a way that a reasonable person of ordinary prudence in looking at these facts and putting these facts together in their mind, they will come to the conclusion that you want them to. [01:22:18.000 --> 01:22:30.000] Now that sounds sneaking, conniving, low down, rotten, underhanded, but it is no such thing. [01:22:30.000 --> 01:22:48.000] This is everybody who communicates with anybody else, communicates with them for the purpose of taking something that is in your mind and transferring it into their mind. [01:22:48.000 --> 01:22:53.000] And with human beings that is extremely difficult. [01:22:53.000 --> 01:23:00.000] We have so many filters. You've heard the term through a glass darkly. [01:23:00.000 --> 01:23:06.000] So in order to get that done, it takes a tremendous discipline. [01:23:06.000 --> 01:23:13.000] And for you, the greatest discipline is to set your emotion aside. [01:23:13.000 --> 01:23:14.000] Right. [01:23:14.000 --> 01:23:17.000] You have to get mean. [01:23:17.000 --> 01:23:23.000] You have to set all of what you feel aside and just get mean and clinical. [01:23:23.000 --> 01:23:26.000] You know, I'm a combat veteran. [01:23:26.000 --> 01:23:35.000] And we had guys in combat who were always huffing and puffing and ranting and raving. I never worried about those guys. [01:23:35.000 --> 01:23:45.000] The guys who were quiet, who never said much, who never broadcast their behavior, never said what they were going to do. [01:23:45.000 --> 01:23:48.000] Those are the guys I really, really watched. [01:23:48.000 --> 01:23:50.000] Those are the guys that will get you. [01:23:50.000 --> 01:23:55.000] And those are the guys, when things get tough, they're going to be mechanics. [01:23:55.000 --> 01:23:59.000] They're not going to let their emotion interfere with what they have to do. [01:23:59.000 --> 01:24:01.000] They're going to do what has to be done. [01:24:01.000 --> 01:24:09.000] And all emotions set aside for this particular exercise. [01:24:09.000 --> 01:24:11.000] That's what we have to do. [01:24:11.000 --> 01:24:15.000] And Doreen, it's harder than it sounds. [01:24:15.000 --> 01:24:18.000] And if you, I haven't had time to look at it. [01:24:18.000 --> 01:24:20.000] It's kind of out today. [01:24:20.000 --> 01:24:26.000] But I fully realize how terribly difficult this is. [01:24:26.000 --> 01:24:30.000] I was physically thrown out of the courthouse today. [01:24:30.000 --> 01:24:31.000] Knocked me down. [01:24:31.000 --> 01:24:32.000] Thank you. [01:24:32.000 --> 01:24:35.000] Knocked both lenses out of my glasses, all kind of stuff. [01:24:35.000 --> 01:24:36.000] Really? [01:24:36.000 --> 01:24:44.000] The very first thing I did, I went and sat down in my car, took out a pen and paper, [01:24:44.000 --> 01:24:48.000] and wrote a statement of facts. [01:24:48.000 --> 01:24:54.000] Didn't move the car until I had that statement of facts finished. [01:24:54.000 --> 01:24:57.000] Because there's too much emotion involved. [01:24:57.000 --> 01:24:58.000] Yeah. [01:24:58.000 --> 01:25:05.000] You've got to get it down quickly or the emotion distorts everything. [01:25:05.000 --> 01:25:07.000] And it's a struggle. [01:25:07.000 --> 01:25:16.000] If I let this be and tried to do it next week, I would be so furious at these people [01:25:16.000 --> 01:25:22.000] that it would be extremely difficult for me to write a good statement of facts. [01:25:22.000 --> 01:25:23.000] Right. [01:25:23.000 --> 01:25:29.000] That's why if you can't at all, when something happens, go into court. [01:25:29.000 --> 01:25:30.000] Something happens in court. [01:25:30.000 --> 01:25:31.000] Go out, sit down. [01:25:31.000 --> 01:25:37.000] Right then, write out what happens because you haven't had time for the bad things [01:25:37.000 --> 01:25:39.000] to begin to grind on you. [01:25:39.000 --> 01:25:44.000] Right now, I am absolutely furious at these guys. [01:25:44.000 --> 01:25:47.000] But at the time, I wasn't. [01:25:47.000 --> 01:25:51.000] At the time, I was in the middle of what went on. [01:25:51.000 --> 01:25:56.000] And they threw me out of the courthouse to keep me from filing criminal complaints [01:25:56.000 --> 01:25:59.000] against them. [01:25:59.000 --> 01:26:02.000] That was so stupid. [01:26:02.000 --> 01:26:04.000] They didn't like you too much there. [01:26:04.000 --> 01:26:06.000] They got no sense of humor. [01:26:06.000 --> 01:26:09.000] I told them I was just joking. [01:26:09.000 --> 01:26:13.000] I called to file complaints about one. [01:26:13.000 --> 01:26:18.000] And they sent an officer around to take my complaint. [01:26:18.000 --> 01:26:22.000] And I tell him I want you to take my criminal complaint against these two guys [01:26:22.000 --> 01:26:25.000] for following policy. [01:26:25.000 --> 01:26:29.000] They followed a policy that was, the policy itself was flawed. [01:26:29.000 --> 01:26:34.000] He said, well, I can just arrest you. [01:26:34.000 --> 01:26:36.000] What? [01:26:36.000 --> 01:26:44.000] I called 911 to get some smart mouth cop to threaten me with a pistol. [01:26:44.000 --> 01:26:49.000] I dialed 911 again and got another one. [01:26:49.000 --> 01:26:51.000] And he threatened me. [01:26:51.000 --> 01:26:55.000] I dialed 911 again. [01:26:55.000 --> 01:27:01.000] Anyway, their problem is everything is documented with the 911 operator. [01:27:01.000 --> 01:27:06.000] Because any time you deal with police, as soon as I left the building, [01:27:06.000 --> 01:27:13.000] they got together and made up this elaborate story. [01:27:13.000 --> 01:27:17.000] Their problem is I got the 911 operator. [01:27:17.000 --> 01:27:20.000] That's all recorded. [01:27:20.000 --> 01:27:26.000] Anyway, first thing I did, statement of facts, very first thing, [01:27:26.000 --> 01:27:32.000] because I know tomorrow or the next day it's going to be so hard for me to do that [01:27:32.000 --> 01:27:36.000] because all this emotion is going to get in the way. [01:27:36.000 --> 01:27:46.000] And for me to have to go back and re-experience these feelings of betrayal is really tough. [01:27:46.000 --> 01:27:49.000] So now I understand how hard it is to do. [01:27:49.000 --> 01:27:54.000] But once you've done it a time or two, it gets easier. [01:27:54.000 --> 01:27:58.000] And once you've done a good statement of facts, [01:27:58.000 --> 01:28:02.000] you will realize how incredibly valuable that is. [01:28:02.000 --> 01:28:05.000] So I do apologize for not getting to your statement of facts today. [01:28:05.000 --> 01:28:07.000] I will try to have it read by tomorrow. [01:28:07.000 --> 01:28:12.000] If you call back in tomorrow, we'll go back through it and we'll talk about, [01:28:12.000 --> 01:28:17.000] but this is a great opportunity to kind of talk to people about how to build one. [01:28:17.000 --> 01:28:22.000] You know, we talk about due process and how to handle legal issues, [01:28:22.000 --> 01:28:29.000] and these are kind of the subtle nuts and bolts that we don't get to talk about much [01:28:29.000 --> 01:28:36.000] that are in the end probably the most valuable things we can do. [01:28:36.000 --> 01:28:42.000] And I think you'll find that this is, and again, I apologize for not getting to it sooner. [01:28:42.000 --> 01:28:44.000] Oh, I understand. [01:28:44.000 --> 01:28:47.000] Now, with that, when I put that together, [01:28:47.000 --> 01:28:53.000] do I title it a notarized affidavit or an affidavit, [01:28:53.000 --> 01:28:58.000] which then affidavit of facts, of course I would go get it notarized? [01:28:58.000 --> 01:29:01.000] No, you don't have to do it as an affidavit. [01:29:01.000 --> 01:29:12.000] If you file a motion and the motion has a statement of material fact in the motion, [01:29:12.000 --> 01:29:17.000] the motion must be verified, and that's all it needs. [01:29:17.000 --> 01:29:23.000] Then the statement of material fact becomes an affidavit. [01:29:23.000 --> 01:29:31.000] So you don't have to write up this special document with this special magic introductory signature [01:29:31.000 --> 01:29:35.000] and all of this, you don't have to do all that. [01:29:35.000 --> 01:29:43.000] But as long as you just label it a statement of facts, then an argument in support of the fact, [01:29:43.000 --> 01:29:45.000] I'll talk about that when we come back. [01:29:45.000 --> 01:29:47.000] Bob Mary, I see you there. [01:29:47.000 --> 01:29:49.000] This is Randy Kelton, Deborah Stevens, [01:29:49.000 --> 01:29:54.000] and we'll have our radio, our calling number, 512-646-1984. [01:29:54.000 --> 01:29:55.000] Give us a call. [01:29:55.000 --> 01:29:57.000] We've got a couple more segments. [01:29:57.000 --> 01:29:59.000] We'll be right back. [01:29:59.000 --> 01:30:05.000] What's your privacy worth? [01:30:05.000 --> 01:30:07.000] Well, it's hard to put a dollar figure on it, [01:30:07.000 --> 01:30:09.000] but some entrepreneurs want to help people earn money [01:30:09.000 --> 01:30:12.000] when marketers pluck their personal data off the web. [01:30:12.000 --> 01:30:14.000] I'm Dr. Catherine Albrecht. [01:30:14.000 --> 01:30:16.000] Back with details in a moment. [01:30:16.000 --> 01:30:18.000] Privacy is under attack. [01:30:18.000 --> 01:30:21.000] When you give up data about yourself, you'll never get it back again. [01:30:21.000 --> 01:30:26.000] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:30:26.000 --> 01:30:32.000] So protect your rights, say no to surveillance, and keep your information to yourself. [01:30:32.000 --> 01:30:35.000] Privacy, it's worth hanging on to. [01:30:35.000 --> 01:30:38.000] This message is brought to you by StartPage.com, [01:30:38.000 --> 01:30:42.000] the private search engine alternative to Google, Yahoo, and Bing. [01:30:42.000 --> 01:30:45.000] Start over with StartPage. [01:30:45.000 --> 01:30:50.000] In these times of vanishing privacy, marketers are monitoring our behavior on the Internet, [01:30:50.000 --> 01:30:54.000] aggregating our clicks, taps, and swipes to make fortunes. [01:30:54.000 --> 01:30:57.000] But what if you got paid every time your data was sold? [01:30:57.000 --> 01:31:01.000] A startup called Personal thinks it's not only possible, but profitable. [01:31:01.000 --> 01:31:02.000] How? [01:31:02.000 --> 01:31:07.000] By creating a web marketplace where people could sell access to their personal information. [01:31:07.000 --> 01:31:11.000] Users would upload intimate details of their lives to an online vault [01:31:11.000 --> 01:31:15.000] and then charge companies to access the data to market to them directly. [01:31:15.000 --> 01:31:18.000] Now, I'm all for making privacy vultures pay, [01:31:18.000 --> 01:31:22.000] but fighting for privacy by removing it feels like the wrong approach. [01:31:22.000 --> 01:31:27.000] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine. [01:31:31.000 --> 01:31:37.000] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. [01:31:37.000 --> 01:31:39.000] The government says that fire brought it down. [01:31:39.000 --> 01:31:44.000] However, 1,500 architects and engineers concluded it was a controlled demolition. [01:31:44.000 --> 01:31:47.000] Over 6,000 of my fellow service members have given their lives. [01:31:47.000 --> 01:31:49.000] Thousands of my fellow first responders are dying. [01:31:49.000 --> 01:31:51.000] I'm not a conspiracy theorist. [01:31:51.000 --> 01:31:52.000] I'm a structural engineer. [01:31:52.000 --> 01:31:53.000] I'm a New York City correction officer. [01:31:53.000 --> 01:31:54.000] I'm an Air Force pilot. [01:31:54.000 --> 01:31:56.000] I'm a father who lost his son. [01:31:56.000 --> 01:31:58.000] We're Americans, and we deserve the truth. [01:31:58.000 --> 01:32:01.000] Go to RememberBuilding7.org today. [01:32:01.000 --> 01:32:05.000] After work, I'm so tired that I want to be left alone to sleep. [01:32:05.000 --> 01:32:07.000] Hey, listen to me. [01:32:07.000 --> 01:32:08.000] Who are you? [01:32:08.000 --> 01:32:12.000] I'm you years ago when you felt healthy and young and everything worked on your body. [01:32:12.000 --> 01:32:13.000] Do you remember that? [01:32:13.000 --> 01:32:15.000] Yes, I wish I felt like that now. [01:32:15.000 --> 01:32:20.000] You can feel like that again with a new micro-plant powder formulation called Iodine Now, [01:32:20.000 --> 01:32:25.000] which cleans the entire body from head to toe and feeds the body what it really needs. [01:32:25.000 --> 01:32:28.000] You'll be in a better mood, and you'll find more drive in your romantic life. [01:32:28.000 --> 01:32:29.000] Really? [01:32:29.000 --> 01:32:31.000] I've got to try Iodine Now. [01:32:31.000 --> 01:32:32.000] It feels good again. [01:32:32.000 --> 01:32:36.000] It also protects you from radiation, heavy metals, fluoride, chlorine, and bromine, [01:32:36.000 --> 01:32:38.000] including cancer and most major diseases. [01:32:38.000 --> 01:32:39.000] You'll be amazed. [01:32:39.000 --> 01:32:41.000] You can be your own doctor. [01:32:41.000 --> 01:32:44.000] I want to keep you out of the hospital and off pharmaceuticals. [01:32:44.000 --> 01:32:46.000] Wow, why are you so nice to me? [01:32:46.000 --> 01:32:47.000] Because I'm you. [01:32:47.000 --> 01:32:50.000] You're out of shape, and I need a better-looking future. [01:32:50.000 --> 01:32:53.000] Call 888-910-4367. [01:32:53.000 --> 01:32:56.000] That's 888-910-4367. [01:32:56.000 --> 01:32:58.000] Or visit microplantpowder.com. [01:32:58.000 --> 01:33:02.000] microplantpowder.com. [01:33:02.000 --> 01:33:05.000] You are listening to the Logos Radio Network. [01:33:05.000 --> 01:33:13.000] logosradionetwork.com. [01:33:13.000 --> 01:33:17.000] Yeah, who you want to chip? [01:33:17.000 --> 01:33:18.000] What you want to chip? [01:33:18.000 --> 01:33:19.000] I'm not free to live. [01:33:19.000 --> 01:33:22.000] You can't chip me. [01:33:22.000 --> 01:33:24.000] Don't let them chip you in the morning. [01:33:24.000 --> 01:33:25.000] Chip you in the evening. [01:33:25.000 --> 01:33:27.000] Put a chip in your body. [01:33:27.000 --> 01:33:29.000] And then when you go computer reading, [01:33:29.000 --> 01:33:31.000] you can't hide me safe from nobody. [01:33:31.000 --> 01:33:34.000] When I say chip in your mom, chip in your daddy. [01:33:34.000 --> 01:33:37.000] Chip in your grandpa and the granny. [01:33:37.000 --> 01:33:39.000] Chip in me, chip in your baby. [01:33:39.000 --> 01:33:41.000] Chip in your family, whole family. [01:33:41.000 --> 01:33:44.000] Chip in your dad and the cap around me. [01:33:44.000 --> 01:33:46.000] Chip in the beef and you still go eat it. [01:33:46.000 --> 01:33:48.000] Chip in the fish, they're all in the sea. [01:33:48.000 --> 01:33:51.000] Chip in the shark and the whale around me. [01:33:51.000 --> 01:33:53.000] You know, see mankind, they don't chip crazy. [01:33:53.000 --> 01:33:56.000] They're the kind of thing, man, they want to be be. [01:33:56.000 --> 01:33:58.000] Social security, they've got to be. [01:33:58.000 --> 01:34:00.000] Number when they give me, they rip it up, you see. [01:34:00.000 --> 01:34:02.000] I'm chip you in the morning. [01:34:02.000 --> 01:34:03.000] Chip you in the evening. [01:34:03.000 --> 01:34:05.000] Chip you all the dinner time. [01:34:05.000 --> 01:34:07.000] Experiments on mankind. [01:34:07.000 --> 01:34:10.000] But man, you know, say they're blind. [01:34:10.000 --> 01:34:11.000] We don't want no chip. [01:34:11.000 --> 01:34:12.000] Man, you have your body. [01:34:12.000 --> 01:34:13.000] Freedom or something. [01:34:13.000 --> 01:34:15.000] Man, you fight for me. [01:34:15.000 --> 01:34:17.000] You should tell them if you're ready. [01:34:17.000 --> 01:34:20.000] Constitution set us free. [01:34:20.000 --> 01:34:22.000] Not that they put no chip in your body. [01:34:22.000 --> 01:34:24.000] Put no chip in your dog or cat, you see. [01:34:24.000 --> 01:34:27.000] No put no chip in your cow and go eat it. [01:34:27.000 --> 01:34:29.000] No put no chip in the fish and go eat it. [01:34:29.000 --> 01:34:32.000] All in the whale and the shark in the sea. [01:34:32.000 --> 01:34:34.000] Put the little chip in the little baby. [01:34:34.000 --> 01:34:36.000] Want to put the chip in a grandpa, you see. [01:34:36.000 --> 01:34:39.000] Want to put the little chip in an iron body. [01:34:39.000 --> 01:34:41.000] If me go hide in the Atlantic Sea. [01:34:41.000 --> 01:34:42.000] Man get hospitalized. [01:34:42.000 --> 01:34:44.000] Me say gon' go find me. [01:34:44.000 --> 01:34:45.000] Saturday get mad. [01:34:45.000 --> 01:34:46.000] Saturday get angry. [01:34:46.000 --> 01:34:47.000] Two chip them use. [01:34:47.000 --> 01:34:48.000] Me say cross up, you see. [01:34:48.000 --> 01:34:50.000] Mr. Chip in the morning. [01:34:50.000 --> 01:34:51.000] Okay, we are back. [01:34:51.000 --> 01:34:52.000] Randy Kelton and Deborah Stevens, [01:34:52.000 --> 01:34:53.000] Wooden Bell Radio. [01:34:53.000 --> 01:34:56.000] We're talking to Darlene in Florida. [01:34:56.000 --> 01:34:57.000] And you didn't have a question, [01:34:57.000 --> 01:35:01.000] and I kind of bushwhacked you before you got to your question. [01:35:01.000 --> 01:35:02.000] Oh, yeah, one quick one. [01:35:02.000 --> 01:35:04.000] I'll let you go to the other callers. [01:35:04.000 --> 01:35:07.000] Okay, I found a transcript on the Internet [01:35:07.000 --> 01:35:10.000] that's from another Florida court case. [01:35:10.000 --> 01:35:13.000] But it happens to be regarding this loan officer [01:35:13.000 --> 01:35:17.000] in this company that states where she worked. [01:35:17.000 --> 01:35:23.000] And it definitely proves she documented a fraudulent assignment. [01:35:23.000 --> 01:35:24.000] So I needed to know, [01:35:24.000 --> 01:35:29.000] how could I get a copy of that transcript into my record to show that? [01:35:29.000 --> 01:35:32.000] Just file it in a motion. [01:35:32.000 --> 01:35:38.000] Okay, what would you want to use the transcript for? [01:35:38.000 --> 01:35:44.000] You would use the transcript in support of some claim. [01:35:44.000 --> 01:35:45.000] Okay. [01:35:45.000 --> 01:35:47.000] What would be the claim? [01:35:47.000 --> 01:35:50.000] That she didn't work where she claimed she worked? [01:35:50.000 --> 01:35:52.000] Yes, yes. [01:35:52.000 --> 01:35:56.000] And here's the thing about a transcript in a court case. [01:35:56.000 --> 01:36:02.000] Are you familiar with the concept of collateral estoppel? [01:36:02.000 --> 01:36:03.000] No. [01:36:03.000 --> 01:36:05.000] Collateral estoppel. [01:36:05.000 --> 01:36:11.000] If you go into a court and you take a position in the court, [01:36:11.000 --> 01:36:16.000] you cannot subsequently go to another court and take an opposed position. [01:36:16.000 --> 01:36:24.000] An example, I had a client that had a note that went into a pool [01:36:24.000 --> 01:36:29.000] that Deutsche Bank was trying to foreclose on her mortgage. [01:36:29.000 --> 01:36:32.000] She did some research and found that, [01:36:32.000 --> 01:36:39.000] I think it was Bank of America had sued Deutsche Bank concerning this particular pool. [01:36:39.000 --> 01:36:42.000] And Deutsche Bank went to the court [01:36:42.000 --> 01:36:52.000] and testified to the court that they had no interest in this group of loans. [01:36:52.000 --> 01:36:57.000] That group which included this client's loan. [01:36:57.000 --> 01:37:00.000] Now they told one court they had no interest in them. [01:37:00.000 --> 01:37:05.000] Then they come back and try to foreclose on it claiming an interest. [01:37:05.000 --> 01:37:09.000] Once they went before the court and claimed no interest, [01:37:09.000 --> 01:37:11.000] even if they have one, [01:37:11.000 --> 01:37:14.000] they cannot come before another court and claim an interest. [01:37:14.000 --> 01:37:19.000] Once you go before the court and argue an issue [01:37:19.000 --> 01:37:23.000] and have that issue ruled against you, [01:37:23.000 --> 01:37:27.000] you cannot subsequently go back to another court and argue the same issue. [01:37:27.000 --> 01:37:31.000] You're subject to collateral estoppel. [01:37:31.000 --> 01:37:32.000] Okay. [01:37:32.000 --> 01:37:41.000] So if this person testified in one court that she worked for this entity, [01:37:41.000 --> 01:37:44.000] I'm not sure what your issue is. [01:37:44.000 --> 01:37:51.000] Well, on my assignment of mortgage, she's claiming that she worked for this company. [01:37:51.000 --> 01:37:57.000] And in that other one, it states she worked for a different company at that time. [01:37:57.000 --> 01:38:00.000] She states the dates and where she worked. [01:38:00.000 --> 01:38:05.000] So she's either lying in one or the other so that if she worked for that company, [01:38:05.000 --> 01:38:09.000] then she shouldn't have been executing an assignment of mortgage online. [01:38:09.000 --> 01:38:15.000] And in that transcript, she even admits whatever she signed, [01:38:15.000 --> 01:38:21.000] the notaries never saw her sign it and that she never read documents that she signed. [01:38:21.000 --> 01:38:25.000] Wonderful. This wasn't Linda Green, was it? [01:38:25.000 --> 01:38:26.000] What? [01:38:26.000 --> 01:38:28.000] Was this Linda Green? [01:38:28.000 --> 01:38:32.000] No, it was Erica A. Johnson Seck. [01:38:32.000 --> 01:38:37.000] Oh, this is wonderful. That's collateral estoppel. [01:38:37.000 --> 01:38:38.000] Okay. [01:38:38.000 --> 01:38:42.000] They cannot refute that. [01:38:42.000 --> 01:38:45.000] That was testimony before a court. [01:38:45.000 --> 01:38:50.000] They're subject to collateral estoppel from arguing against that. [01:38:50.000 --> 01:38:53.000] So that's great. [01:38:53.000 --> 01:38:57.000] But do I need to go get a certified copy of that transcript to put it in mine, [01:38:57.000 --> 01:38:59.000] or can I take it from the Internet? [01:38:59.000 --> 01:39:01.000] You need a certified copy. [01:39:01.000 --> 01:39:02.000] Okay. [01:39:02.000 --> 01:39:05.000] Well, not necessarily. [01:39:05.000 --> 01:39:16.000] If you have a copy that you maintain is an accurate representation of the certified copy, [01:39:16.000 --> 01:39:24.000] and the other side says, oh, that's not an accurate representation of the certified copy, [01:39:24.000 --> 01:39:27.000] then you get to say, well, prove it. [01:39:27.000 --> 01:39:32.000] Bring me a certified copy and show me where it's not accurate. [01:39:32.000 --> 01:39:36.000] So depending on the price, the cost of the certified copy, [01:39:36.000 --> 01:39:43.000] if the certified copy is way too costly, then yes, then you might try this maneuver. [01:39:43.000 --> 01:39:48.000] But if it's not terribly costly relative to the value of the issue, [01:39:48.000 --> 01:39:50.000] I would pay for the certified transcript. [01:39:50.000 --> 01:39:56.000] Or if the certified transcript has been entered into the record of another court, [01:39:56.000 --> 01:39:59.000] you can pull it from the court. [01:39:59.000 --> 01:40:00.000] Sure. Okay. [01:40:00.000 --> 01:40:02.000] Just make a copy of it. [01:40:02.000 --> 01:40:04.000] Okay. Sounds good. [01:40:04.000 --> 01:40:07.000] Once it's been paid for and put in the public record, [01:40:07.000 --> 01:40:10.000] it's in the public domain, so you don't have to pay for another one. [01:40:10.000 --> 01:40:12.000] Okay. All right. [01:40:12.000 --> 01:40:13.000] Okay. [01:40:13.000 --> 01:40:14.000] Thank you. [01:40:14.000 --> 01:40:15.000] Thank you, Darlene. [01:40:15.000 --> 01:40:16.000] And call in tomorrow night. [01:40:16.000 --> 01:40:21.000] I'll try to get you to your statement of facts, and we'll talk about that tomorrow. [01:40:21.000 --> 01:40:23.000] All right. Thank you, Randy. [01:40:23.000 --> 01:40:24.000] All righty. Thank you. [01:40:24.000 --> 01:40:28.000] Okay. Now we're going to go to Bob in Texas. [01:40:28.000 --> 01:40:31.000] Hello, Bob. [01:40:31.000 --> 01:40:32.000] Hello, Mr. Kelston. [01:40:32.000 --> 01:40:33.000] How are you? [01:40:33.000 --> 01:40:35.000] I am well. [01:40:35.000 --> 01:40:36.000] Well, good. [01:40:36.000 --> 01:40:38.000] Just a couple issues to touch on. [01:40:38.000 --> 01:40:44.000] I believe it was last week you were speaking on personal bail or bond. [01:40:44.000 --> 01:40:48.000] And sure enough, Article 1704 steps you right down through the process [01:40:48.000 --> 01:40:50.000] of what should be in your personal bond. [01:40:50.000 --> 01:40:52.000] So I'll still be one out. [01:40:52.000 --> 01:40:54.000] And in the statement... [01:40:54.000 --> 01:40:56.000] Wait a minute. Wait a minute. [01:40:56.000 --> 01:41:01.000] Wait a minute. You missed the word, and it's really, really important. [01:41:01.000 --> 01:41:02.000] Thank you, pardon? [01:41:02.000 --> 01:41:09.000] Bail bond as opposed to bond. [01:41:09.000 --> 01:41:14.000] A bail bond is a written agreement. [01:41:14.000 --> 01:41:18.000] A bond is the posting of cash. [01:41:18.000 --> 01:41:19.000] Yes. Okay. [01:41:19.000 --> 01:41:24.000] So this should be titled just personal bail or personal bail bond? [01:41:24.000 --> 01:41:30.000] Bail bond. That's how it's referred to in the Code of Criminal Procedure. [01:41:30.000 --> 01:41:32.000] Look in Chapter 17. [01:41:32.000 --> 01:41:36.000] Chapter 17 says what a bail bond is. [01:41:36.000 --> 01:41:44.000] You'll notice that nowhere in Chapter 17 is a court specifically authorized [01:41:44.000 --> 01:41:47.000] to accept a cash bond. [01:41:47.000 --> 01:41:52.000] It's certainly not authorized to demand a cash bond. [01:41:52.000 --> 01:42:03.000] But the courts have been allowed to accept a cash bond in lieu of bail. [01:42:03.000 --> 01:42:10.000] If you are indigent and you don't own property, then you cannot post a bail bond. [01:42:10.000 --> 01:42:15.000] Or if you don't have someone who will post property for you, [01:42:15.000 --> 01:42:20.000] then you can't post a bail bond. [01:42:20.000 --> 01:42:29.000] And a bail bond is merely a written agreement where you bind your property [01:42:29.000 --> 01:42:31.000] for the payment of the bond. [01:42:31.000 --> 01:42:32.000] Okay. [01:42:32.000 --> 01:42:37.000] Well, nowhere in 1704 did it have you list any property. [01:42:37.000 --> 01:42:45.000] Yeah, and that's the whole purpose is you put up that property as collateral. [01:42:45.000 --> 01:42:47.000] That's what a bail bond is. [01:42:47.000 --> 01:42:53.000] Putting up cash, that's an option in lieu of bail. [01:42:53.000 --> 01:42:55.000] Okay, I'll shut up now. [01:42:55.000 --> 01:42:56.000] Okay. [01:42:56.000 --> 01:43:04.000] But there wasn't anywhere in the required statement that had you list any property [01:43:04.000 --> 01:43:06.000] that you put up. [01:43:06.000 --> 01:43:12.000] But it does say upon notice by the court or to pay the court the principal sum of blank. [01:43:12.000 --> 01:43:20.000] Yeah, all you have to do, the code criminal procedure used to have a bail bond form [01:43:20.000 --> 01:43:24.000] in the code itself. [01:43:24.000 --> 01:43:28.000] It's been taken out, and I'm not sure if that's a statutory change [01:43:28.000 --> 01:43:32.000] or if that's just the publisher took it out. [01:43:32.000 --> 01:43:35.000] But it had the actual form of the bail, [01:43:35.000 --> 01:43:42.000] and it didn't require anything other than you swearing that you were worth exclusive of all, [01:43:42.000 --> 01:43:46.000] indignatures, the devil, the amount of the bond. [01:43:46.000 --> 01:43:47.000] Hang on. [01:43:47.000 --> 01:43:49.000] We're about to go to break it right now. [01:43:49.000 --> 01:43:50.000] Debra Stevens, beautiful radio. [01:43:50.000 --> 01:43:54.000] I'll call the number, 512-606-1984. [01:43:54.000 --> 01:44:00.000] We'll be right back. [01:44:00.000 --> 01:44:04.000] You feel tired when talking about important topics like money and politics? [01:44:04.000 --> 01:44:07.000] Are you confused by words like the Constitution or the Federal Reserve? [01:44:07.000 --> 01:44:08.000] What? [01:44:08.000 --> 01:44:13.000] If so, you may be diagnosed with the deadliest disease known today, stupidity. [01:44:13.000 --> 01:44:16.000] Hi, my name is Steve Holt, and like millions of other Americans, [01:44:16.000 --> 01:44:19.000] I was diagnosed with stupidity at an early age. [01:44:19.000 --> 01:44:24.000] I had no idea that the number one cause of the disease is found in almost every home in America, [01:44:24.000 --> 01:44:25.000] the television. [01:44:25.000 --> 01:44:29.000] Unfortunately, that puts most Americans at risk of catching stupidity, [01:44:29.000 --> 01:44:30.000] but there is hope. [01:44:30.000 --> 01:44:36.000] The staff at Brave New Books have helped me and thousands of other Foxaholics suffering from sports zombieism recover. [01:44:36.000 --> 01:44:40.000] And because of Brave New Books, I now enjoy reading and watching educational documentaries [01:44:40.000 --> 01:44:43.000] without feeling tired or uninterested. [01:44:43.000 --> 01:44:46.000] So if you or anybody you know suffers from stupidity, [01:44:46.000 --> 01:44:54.000] then you need to call 512-480-2503 or visit them at 1904Guadalupe or bravenewbookstore.com. [01:44:54.000 --> 01:44:58.000] Side effects from using Brave New Books products may include discernment and enlarged vocabulary [01:44:58.000 --> 01:45:00.000] and an overall increase in mental functioning. [01:45:28.000 --> 01:45:34.000] Jurisdictionary was created by a licensed attorney with 22 years of case winning experience. [01:45:34.000 --> 01:45:39.000] Even if you're not in a lawsuit, you can learn what everyone should understand [01:45:39.000 --> 01:45:43.000] about the principles and practices that control our American courts. [01:45:43.000 --> 01:45:49.000] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [01:45:49.000 --> 01:45:52.000] pro se tactics and much more. [01:45:52.000 --> 01:45:56.000] Please visit ruleoflawradio.com and click on the banner [01:45:56.000 --> 01:46:01.000] or call toll-free 866-LAW-EZ. [01:46:26.000 --> 01:46:42.000] Okay, we are back. [01:46:42.000 --> 01:46:46.000] Randy Kelton, Debra Stevens, Rule of Law Radio, and we're talking to Bob in Texas. [01:46:46.000 --> 01:46:48.000] Do you have to move quickly? [01:46:48.000 --> 01:46:51.000] I goofed up, Bob, and I took you before Marty. [01:46:51.000 --> 01:46:55.000] You were listening before Marty, but Marty chose to have been on longer. [01:46:55.000 --> 01:46:59.000] So let me move quickly because this is our last segment. [01:46:59.000 --> 01:47:01.000] What were we, Bob? [01:47:01.000 --> 01:47:05.000] We had just covered the issue of personal bail bond, [01:47:05.000 --> 01:47:11.000] and just for clarification, subject matter of jurisdiction being there to be challenged at any time, [01:47:11.000 --> 01:47:16.000] who approves jurisdiction, the judge or the prosecutor for the state? [01:47:16.000 --> 01:47:18.000] The judge. [01:47:18.000 --> 01:47:26.000] Now, the judge can ask the prosecutor to provide the evidence he needs, [01:47:26.000 --> 01:47:32.000] or he can ask the opposing counsel, whoever that is. [01:47:32.000 --> 01:47:35.000] But ultimately, it is the responsibility of the judge. [01:47:35.000 --> 01:47:41.000] If you will send me an email to randyatruleoflawradio.com, [01:47:41.000 --> 01:47:46.000] I'll send you my subject matter of jurisdiction challenges. [01:47:46.000 --> 01:47:50.000] There's about one that I've been filing with these courts lately, [01:47:50.000 --> 01:47:53.000] and it has all the case law in it. [01:47:53.000 --> 01:47:59.000] It kind of walks down the case law and shows how it is the responsibility of the judge. [01:47:59.000 --> 01:48:04.000] Quick story, I had a client with a credit issue. [01:48:04.000 --> 01:48:11.000] The credit card company didn't file the pleading correctly. [01:48:11.000 --> 01:48:12.000] I don't remember what it was. [01:48:12.000 --> 01:48:14.000] There was something they were supposed to file, [01:48:14.000 --> 01:48:18.000] kind of affidavit they were required to file with the pleading. [01:48:18.000 --> 01:48:20.000] They didn't file it. [01:48:20.000 --> 01:48:23.000] So we get to court, the judge comes in, and the client says, [01:48:23.000 --> 01:48:25.000] Your Honor, what are you doing here? [01:48:25.000 --> 01:48:26.000] Oh, you can't be here. [01:48:26.000 --> 01:48:27.000] I sued you. [01:48:27.000 --> 01:48:29.000] And he said, What, what? [01:48:29.000 --> 01:48:32.000] And he gives the suit, and he's reading it. [01:48:32.000 --> 01:48:34.000] Oh, my, oh, my. [01:48:34.000 --> 01:48:37.000] We challenged subject matter of jurisdiction [01:48:37.000 --> 01:48:42.000] and charged the judge with impersonating a public official. [01:48:42.000 --> 01:48:44.000] Now, he was a judge. [01:48:44.000 --> 01:48:46.000] He was a justice of the peace. [01:48:46.000 --> 01:48:52.000] But in this instance, since the pleading was insufficient [01:48:52.000 --> 01:48:56.000] to invoke the subject matter of jurisdiction of the court, [01:48:56.000 --> 01:49:02.000] then the court was impersonating and not acting under official capacity. [01:49:02.000 --> 01:49:08.000] Then he said to the client, Well, I'm not the one to determine jurisdiction. [01:49:08.000 --> 01:49:09.000] You have to do that. [01:49:09.000 --> 01:49:12.000] And the client said, Well, Your Honor, with all due respect, [01:49:12.000 --> 01:49:18.000] before you send me this notice ordering me to come to your court [01:49:18.000 --> 01:49:22.000] and threatening me with all the things you're going to do to me if I don't show up, [01:49:22.000 --> 01:49:27.000] you need to make sure you have authority to do that. [01:49:27.000 --> 01:49:30.000] And that goes exactly to the issue. [01:49:30.000 --> 01:49:38.000] It wasn't the plaintiff who threatened the client with dire deeds and circumstances. [01:49:38.000 --> 01:49:40.000] It was the judge. [01:49:40.000 --> 01:49:45.000] And before he does that, he needs to be sure he has authority. [01:49:45.000 --> 01:49:52.000] So it is the judge who must ultimately prove up subject matter of jurisdiction. [01:49:52.000 --> 01:49:57.000] Well, my first claim, I'm ashamed to say I lost. [01:49:57.000 --> 01:50:00.000] In other words, I've done paid the fine, [01:50:00.000 --> 01:50:09.000] did my time in jail before a pleading or any... [01:50:09.000 --> 01:50:10.000] Okay. [01:50:10.000 --> 01:50:17.000] If you can go back and look at the structure, [01:50:17.000 --> 01:50:26.000] and if the prosecuting attorney failed to follow the law, [01:50:26.000 --> 01:50:32.000] then you can claim that the prosecuting attorney lacked standing [01:50:32.000 --> 01:50:35.000] to invoke the subject matter of jurisdiction of the court [01:50:35.000 --> 01:50:43.000] and challenge subject matter of jurisdiction no matter how remote in history. [01:50:43.000 --> 01:50:45.000] Can you call in tomorrow night? [01:50:45.000 --> 01:50:47.000] We've got four hours tomorrow night. [01:50:47.000 --> 01:50:51.000] I've made Marty in Minnesota wait longer than he should have. [01:50:51.000 --> 01:50:53.000] We're about to run out of time. [01:50:53.000 --> 01:50:55.000] I'll be glad to give up the time. [01:50:55.000 --> 01:50:57.000] Thank you, Randy. Talk to you tomorrow. [01:50:57.000 --> 01:50:58.000] Good. Thank you. [01:50:58.000 --> 01:50:59.000] We've got four hours at all. [01:50:59.000 --> 01:51:00.000] We'll spend plenty of time with you. [01:51:00.000 --> 01:51:02.000] Thank you. [01:51:02.000 --> 01:51:03.000] Okay. [01:51:03.000 --> 01:51:07.000] Now we're going to Marty in Minnesota. [01:51:07.000 --> 01:51:09.000] Hello, Marty. [01:51:09.000 --> 01:51:11.000] Good evening, Randy. [01:51:11.000 --> 01:51:18.000] Are there any mosquitoes in Minnesota? [01:51:18.000 --> 01:51:22.000] We live down here in Texas, and it's hot and it's dry, [01:51:22.000 --> 01:51:26.000] and we complain about mosquitoes. [01:51:26.000 --> 01:51:28.000] We have no idea. [01:51:28.000 --> 01:51:34.000] I think mosquitoes in Minnesota are dive bombers. [01:51:34.000 --> 01:51:38.000] Yeah, it gets like a jungle sometimes. [01:51:38.000 --> 01:51:40.000] It's been extremely cool though lately. [01:51:40.000 --> 01:51:42.000] I don't know how it's been down there weather-wise, [01:51:42.000 --> 01:51:44.000] but this has been an extremely cool year, [01:51:44.000 --> 01:51:48.000] so there's not too many mosquitoes right now, per se. [01:51:48.000 --> 01:51:51.000] When we had all this rain in the spring, there definitely was a lot of them. [01:51:51.000 --> 01:51:56.000] I don't know if that was due to weather modification or what there. [01:51:56.000 --> 01:51:57.000] Well, we're here in Texas. [01:51:57.000 --> 01:52:00.000] It never gets hot in Texas. [01:52:00.000 --> 01:52:01.000] Yeah, right. [01:52:01.000 --> 01:52:07.000] Yeah, I know what you're thinking, but that's a bunch of Yankee propaganda. [01:52:07.000 --> 01:52:09.000] It never rains in Texas. [01:52:09.000 --> 01:52:13.000] It never gets cold in Texas, and Texans wouldn't lie about that kind of stuff. [01:52:13.000 --> 01:52:14.000] What are they called? [01:52:14.000 --> 01:52:17.000] Carpetbaggers down there? [01:52:17.000 --> 01:52:21.000] No, no, I can't say on the radio what they call you. [01:52:21.000 --> 01:52:24.000] No. [01:52:24.000 --> 01:52:26.000] Okay, what is your issue today? [01:52:26.000 --> 01:52:29.000] And I apologize for making you wait so long. [01:52:29.000 --> 01:52:30.000] No, that's not an issue. [01:52:30.000 --> 01:52:36.000] It's not terribly important, but maybe you can expound on this tomorrow if we run out of time. [01:52:36.000 --> 01:52:42.000] But you've done a dissertation in the past about getting a recording into court [01:52:42.000 --> 01:52:48.000] when it wasn't necessarily a consented recording, you know? [01:52:48.000 --> 01:52:55.000] And when you do the dissertation, you always go to a point where you said the other party goes, [01:52:55.000 --> 01:52:56.000] well, how did you know that? [01:52:56.000 --> 01:53:00.000] And you said, well, I recorded it right here, you know? [01:53:00.000 --> 01:53:07.000] And then you say, you know, they can't do that, and the judge says, well, you opened the door. [01:53:07.000 --> 01:53:08.000] You know what I'm talking about? [01:53:08.000 --> 01:53:09.000] Exactly. [01:53:09.000 --> 01:53:11.000] We're talking about foundation. [01:53:11.000 --> 01:53:18.000] We have a jury or a court sitting here, and I sit here on the stand, [01:53:18.000 --> 01:53:28.000] and I make these statements of fact, absolute fact, and the other side questions my fact [01:53:28.000 --> 01:53:32.000] and questions the veracity of my statements. [01:53:32.000 --> 01:53:40.000] And if I can con the lawyer into saying, well, you must have a perfect memory, [01:53:40.000 --> 01:53:48.000] then what this does is creates a question in the mind of the trier of fact. [01:53:48.000 --> 01:53:57.000] And if the lawyer creates this question, you have a right to answer the question. [01:53:57.000 --> 01:54:01.000] And that's what he means by opening the door. [01:54:01.000 --> 01:54:06.000] You created the question, Bubba, you should have kept your mouth shut. [01:54:06.000 --> 01:54:14.000] The rule for lawyers is if you don't know what answer you're going to get, don't ask the question. [01:54:14.000 --> 01:54:18.000] I know for us that's kind of counterintuitive, but for a lawyer, [01:54:18.000 --> 01:54:22.000] he needs to know what answer he's going to get before he asks. [01:54:22.000 --> 01:54:24.000] That's the only time a lawyer gets in trouble. [01:54:24.000 --> 01:54:25.000] Okay, go ahead. [01:54:25.000 --> 01:54:27.000] I'm going to keep interrupting you. [01:54:27.000 --> 01:54:29.000] Well, no, I'm just a thought. [01:54:29.000 --> 01:54:33.000] So to understand you correctly, to get that entered into evidence, [01:54:33.000 --> 01:54:39.000] somebody would have to be testifying in order to kind of use that approach, if you will? [01:54:39.000 --> 01:54:45.000] Yes, or you can file an affidavit of fact. [01:54:45.000 --> 01:54:46.000] Okay. [01:54:46.000 --> 01:54:52.000] You file it as an affidavit and you do the affidavit as a transcript. [01:54:52.000 --> 01:54:53.000] Right, right. [01:54:53.000 --> 01:55:01.000] If you do the affidavit as a transcript, you're either going to have a smart lawyer or a dumb lawyer. [01:55:01.000 --> 01:55:09.000] If he's a smart lawyer, he's going to know exactly what that is and he's not going to step into that trap. [01:55:09.000 --> 01:55:13.000] He's not going to question the veracity of your statement. [01:55:13.000 --> 01:55:20.000] If he's a dumb lawyer, then he's going to step into the trap and challenge the veracity of your statement. [01:55:20.000 --> 01:55:28.000] And the way you argue for the veracity is you tell him, well, you know, I know this is exactly what was said. [01:55:28.000 --> 01:55:29.000] Well, how do you know that? [01:55:29.000 --> 01:55:33.000] Well, I took it from the transcript from the recording. [01:55:33.000 --> 01:55:40.000] So if a lawyer's got any sense, he got a good lawyer, he won't go there. [01:55:40.000 --> 01:55:50.000] And so it's always a good idea if you have a recording because sometimes they can raise issues about the recording. [01:55:50.000 --> 01:55:51.000] Right. [01:55:51.000 --> 01:55:54.000] Wouldn't they say then that there's hearsay involved there? [01:55:54.000 --> 01:56:06.000] Yeah, but if you don't bring it in, if you don't say anything about the recording and you testify under oath that this is exactly what was said, [01:56:06.000 --> 01:56:12.000] then they have to take your word for it unless they can show otherwise. [01:56:12.000 --> 01:56:20.000] And if they challenge your word, then, you know, say they come in and say something else didn't happen, [01:56:20.000 --> 01:56:26.000] you know, that happened another way and you say, well, Your Honor, my recording that I took this transcript from, [01:56:26.000 --> 01:56:29.000] it shows that what they said is not true. [01:56:29.000 --> 01:56:32.000] And then they're going to jump up and down and wave their arms. [01:56:32.000 --> 01:56:45.000] But if they make a statement that's untrue and you have a statement that is true, it appears as though it is your word against their word. [01:56:45.000 --> 01:56:50.000] Now the recording becomes material. [01:56:50.000 --> 01:57:03.000] Now you can say what they're saying is untrue and I can prove that it's untrue by the recording from which I transcribed this transcript. [01:57:03.000 --> 01:57:07.000] And that will give you foundation. [01:57:07.000 --> 01:57:13.000] In order to introduce evidence, you have to establish foundation. [01:57:13.000 --> 01:57:23.000] And that's why when a prosecutor gets a police officer up on the stand, he starts asking about all of his qualifications. [01:57:23.000 --> 01:57:24.000] Sure. [01:57:24.000 --> 01:57:29.000] That's to establish foundation for the validity of his testimony. [01:57:29.000 --> 01:57:36.000] You can't just say I have this object I'd like to introduce into evidence. [01:57:36.000 --> 01:57:43.000] You have to ask a witness did something happen? [01:57:43.000 --> 01:57:45.000] Yes, was an object involved? [01:57:45.000 --> 01:57:46.000] Yes. [01:57:46.000 --> 01:57:49.000] What did that object look like when you describe it? [01:57:49.000 --> 01:57:51.000] Did that object look like this? [01:57:51.000 --> 01:57:53.000] And he says yes. [01:57:53.000 --> 01:57:56.000] Now you've established foundation for that object. [01:57:56.000 --> 01:58:08.000] You have to ask the court to give you that object. Without foundation, without something to show why you're bringing it in, the court won't allow it. [01:58:08.000 --> 01:58:15.000] If you will call back tomorrow, I will try to take you earlier in the day and this is a good thing to discuss. [01:58:15.000 --> 01:58:20.000] Sure, sure. I got more to say. That was a great answer though. Thank you. [01:58:20.000 --> 01:58:22.000] Thank you very much for calling in. [01:58:22.000 --> 01:58:28.000] Scott, I'm sorry I didn't get to you. If you will call back tomorrow, we'll bump you up to the head of the list. [01:58:28.000 --> 01:58:35.000] This is Randy Kelton, Deborah Stevens, Real Bar Radio on this July the 31st. [01:58:35.000 --> 01:58:41.000] We will be back tomorrow, August the 1st for our four-hour info marathon. [01:58:41.000 --> 01:58:46.000] Give us a call. Get in line early and we will take everybody's call. [01:58:46.000 --> 01:58:50.000] Thank you all for listening and good night. [01:58:50.000 --> 01:58:58.000] Bibles for America is offering absolutely free a unique study Bible called the New Testament Recovery Version. [01:58:58.000 --> 01:59:08.000] The New Testament Recovery Version has over 9,000 footnotes that explain what the Bible says verse by verse, helping you to know God and to know the meaning of life. [01:59:08.000 --> 01:59:20.000] Order your free copy today from Bibles for America. Call us toll free at 888-551-0102 or visit us online at bfa.org. [01:59:20.000 --> 01:59:30.000] This translation is highly accurate and it comes with over 13,000 cross references plus charts and maps and an outline for every book of the Bible. [01:59:30.000 --> 01:59:32.000] This is truly a Bible you can understand. [01:59:32.000 --> 01:59:41.000] To get your free copy of the New Testament Recovery Version, call us toll free at 888-551-0102. 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