ROL_2009-01-16_16k_Hr3-4.timecode

[00:00.000 --> 00:05.420]  had bought the house and had the mortgage in his own name all by himself
[00:05.420 --> 00:08.580]  but the judge says okay well the wife's gonna get the house but the wife has to
[00:08.580 --> 00:12.180]  pay the mortgage too. Well that's just a gentleman's agreement because that has
[00:12.180 --> 00:16.560]  nothing to do with the contract that that man signed with the mortgage
[00:16.560 --> 00:22.380]  company. That family law judge has no authority to transfer the
[00:22.380 --> 00:28.380]  responsibility of that contract to the ex-wife. Generally in family law they go
[00:28.380 --> 00:34.080]  by the golden rule. Whoever has the gold has rule. No the wife gets the gold the
[00:34.080 --> 00:39.320]  guy gets the shaft. Yeah but what I'm trying to say is that in those kinds of
[00:39.320 --> 00:47.160]  family law cases where a judge would would transfer a debt to the other
[00:47.160 --> 00:51.960]  spouse who didn't sign the contract that's just a gentleman's agreement
[00:51.960 --> 00:56.680]  there is nothing binding that requires. This is a that's a different issue
[00:56.680 --> 01:02.620]  because this is a community property state so that this but in this case
[01:02.620 --> 01:08.240]  you've got spouses who are financially involved with one another. Yeah but what
[01:08.240 --> 01:15.080]  I was saying in George's case if a judge had transferred the debt from the
[01:15.080 --> 01:19.240]  father-in-law to him or his wife that would that wouldn't hold any water
[01:19.240 --> 01:23.620]  because George and his wife never signed a contract. Yeah but what George is this
[01:23.620 --> 01:28.440]  a man got to probate. This is just a a credit card company doing a song. Yeah
[01:28.440 --> 01:34.840]  exactly. Exactly. I would see the crap out of them. Why don't you tell the debt
[01:34.840 --> 01:38.740]  collector if they call and try to say this is a bill of attaining it is
[01:38.740 --> 01:44.760]  illegal. I wouldn't advise them directly of anything that way. Just say don't call
[01:44.760 --> 01:50.700]  again I'm not the person. Well you know I'd like to you know in what I do I like
[01:50.700 --> 01:57.240]  to set them up. Well gee whiz do I actually owe this bill? Make sure you got
[01:57.240 --> 02:05.480]  a record. Have you got Skype? Yes. Go on the internet and do a search for
[02:05.480 --> 02:15.360]  call graph. You can download call graph and what it will do is when you make a
[02:15.360 --> 02:24.280]  Skype call it will automatically record it. So if they call you say oh I just a
[02:24.280 --> 02:28.840]  second can I call you right back give me a number I've got something else I got
[02:28.840 --> 02:33.080]  to do I have to go to the toilet as soon as I get back I'll call you right back
[02:33.080 --> 02:40.400]  get a number hang up put on your headset call them on Skype once you have call
[02:40.400 --> 02:45.360]  graph set up it will automatically record it to your hard drive and then
[02:45.360 --> 02:54.640]  ask them oh gee whiz do I have an obligation to pay this bill? Set them up
[02:54.640 --> 03:01.080]  get them to implicate themselves because these are just chumps they hire to get
[03:01.080 --> 03:05.880]  on the phone and try to con people into paying their bills. A grifter is a
[03:05.880 --> 03:13.120]  grifter even if he works for a credit card company so if he tries to con you
[03:13.120 --> 03:19.160]  that's fraud and it's fraud by not by non-disclosure
[03:19.160 --> 03:24.720]  now what's the term? Well look Randy you even said a few minutes ago there's
[03:24.720 --> 03:30.240]  nothing illegal or nothing wrong with these credit card collectors trying to
[03:30.240 --> 03:37.320]  con George or me or you or whoever into paying a deceased person or whoever's
[03:37.320 --> 03:41.840]  credit card debt okay they can try they can try all they want there's nothing
[03:41.840 --> 03:47.200]  wrong with it really. As long as they don't falsify the fact. And as long as
[03:47.200 --> 03:51.720]  they don't commit harassment and the harassment laws are different from
[03:51.720 --> 03:59.120]  state to state. But set them up get them on on the recording so that they sound
[03:59.120 --> 04:06.400]  bad and then send them a tort letter. Well I mean but when they can they get
[04:06.400 --> 04:15.920]  you for a legal wiretapping? Not in Texas no as long as one person of the two
[04:15.920 --> 04:20.480]  people who are talking on the phone has knowledge that it's being recorded and
[04:20.480 --> 04:26.320]  is doing the recording now. The only illegal wiretapping is if a third
[04:26.320 --> 04:33.240]  party records two other individuals conversation without those other two
[04:33.240 --> 04:38.640]  people knowing about it that is illegal. Well even in Texas in Texas you have it
[04:38.640 --> 04:43.240]  goes to expectation of privacy if I'm sitting in a restaurant and I have a
[04:43.240 --> 04:49.880]  tape recorder and I turn it on and two people at the next table are talking
[04:49.880 --> 04:55.160]  loud enough that my recorder picks it up and it's not some special device
[04:55.160 --> 05:03.160]  designed for long-range recording. I can record what I can hear. If you speak
[05:03.160 --> 05:09.640]  within the normal range of an ordinary person's hearing you don't have an
[05:09.640 --> 05:18.440]  expectation of privacy. What I can hear I can record. So I can record any
[05:18.440 --> 05:24.720]  conversation to which I'm a party or I can record any conversation to which
[05:24.720 --> 05:32.720]  one of the parties is aware that the recording is is taking place or if you
[05:32.720 --> 05:38.240]  are in public and you are speaking loud enough that another that you would
[05:38.240 --> 05:45.080]  expect that another person could hear you you have no expectation of privacy.
[05:45.080 --> 05:53.800]  If you call me you have absolutely zero expectation of privacy. Yeah but that's
[05:53.800 --> 05:56.920]  just in Texas though. I recall yeah that's in Texas don't do that in
[05:56.920 --> 06:01.640]  Pennsylvania it's a felony. Well isn't it like any way you can call the collection
[06:01.640 --> 06:05.640]  agency they all have that recording. This call is being monitored for quality
[06:05.640 --> 06:10.680]  assurances quality purposes you know what I mean. Mine is too but I'm not
[06:10.680 --> 06:16.180]  going to tell them. Yeah right. If you were listening a while back you
[06:16.180 --> 06:22.720]  heard me play a recording of the district attorney in Amarillo. Now you
[06:22.720 --> 06:29.160]  got to know he would if he heard that he would not be pleased but he would have
[06:29.160 --> 06:37.440]  no complaint because I can record him if I want to and I can play it on the radio
[06:37.440 --> 06:42.720]  if I want to and as far as recording you can absolutely do that in Texas not a
[06:42.720 --> 06:49.000]  problem. Okay okay but Randy what would be the point of recording this? So you
[06:49.000 --> 06:53.840]  have evidence that they misrepresented the facts to you. If they misrepresent
[06:53.840 --> 07:01.960]  the facts to you it's it's not perjury it's fraud. Oh boy. Which goes to
[07:01.960 --> 07:11.920]  essentially the same place. So you have a highly regulated government and private
[07:11.920 --> 07:17.080]  agency. Collection agencies are highly regulated so they tend to fall under
[07:17.080 --> 07:24.280]  copyright law. Okay but Randy what if say this credit card company has sold or
[07:24.280 --> 07:30.560]  passed on the responsibility of collecting the debt either or to some
[07:30.560 --> 07:34.760]  additional party collection agency and the collection agency is the one that's
[07:34.760 --> 07:40.080]  making the phone calls. Okay and you're recording this and you managed to snag
[07:40.080 --> 07:47.040]  them in some kind of fraud issue. Could you go back and sue the original credit
[07:47.040 --> 07:50.720]  card company or would you have to sue the collection agency or could you sue
[07:50.720 --> 07:57.480]  both? Both. Really? Absolutely the collection you have no contractual
[07:57.480 --> 08:04.280]  relationship with the collection agency. You have no collection no contractual
[08:04.280 --> 08:10.760]  relationship with anybody. So maybe this collection agency is just trying to con
[08:10.760 --> 08:14.720]  you out of some money. How do you know that these people who are calling you
[08:14.720 --> 08:20.560]  are actually from the credit card company and not just someone who's
[08:20.560 --> 08:28.960]  hacked into their records and found out that this guy passed away. He owed
[08:28.960 --> 08:36.480]  money on a credit card. Let's call up their heirs who don't really know the
[08:36.480 --> 08:40.920]  facts of the credit card and see if we can con them into sending us some money.
[08:40.920 --> 08:46.720]  Okay well see this goes down this this boils down to George. What is your
[08:46.720 --> 08:53.680]  intended outcome of this situation? Do you want to sue the living crap out of
[08:53.680 --> 08:58.360]  these people or the multiple entities that are involved or do you just want
[08:58.360 --> 09:02.920]  them to leave you alone? Okay because there's several different routes that
[09:02.920 --> 09:07.120]  you could take depending on what your intended outcome of is. I mean some
[09:07.120 --> 09:10.900]  people may choose I just want to leave me alone I'm going to change my phone
[09:10.900 --> 09:14.280]  number if they want to try to take me to court and sue me I'll do an abatement.
[09:14.280 --> 09:20.080]  Let them go for it because I never signed a contract or do you want to are
[09:20.080 --> 09:23.760]  you do you have a vengeance? You want to go after these guys like like a mad dog?
[09:23.760 --> 09:30.080]  Do you want to try to sue them and make a point? Okay it goes to your intended
[09:30.080 --> 09:35.520]  outcome because if it were me personally I would just tell them stop calling me
[09:35.520 --> 09:40.480]  if you really want to take it up with me then then take it to court and I just
[09:40.480 --> 09:44.760]  file an abatement it would be over with but some people may say no these credit
[09:44.760 --> 09:48.480]  card companies are evil I want to sue them so you have to go by what what do
[09:48.480 --> 09:55.280]  you want to see as your outcome? Yeah George? Yeah you know kind of like you
[09:55.280 --> 09:59.600]  just talk about bullying tactics you're talking about a Monsanto
[09:59.600 --> 10:07.080]  representatives going on people's farms? No wait a minute George no I'm not going to let you get away with that.
[10:07.080 --> 10:12.240]  What is your intended outcome here? I don't want to talk about Monsanto yes I
[10:12.240 --> 10:15.560]  know they're evil with the GMO seeds and all that but what is your intended
[10:15.560 --> 10:23.560]  outcome of this situation? Leave me alone. Okay that's what we wanted to hear. Okay Randy what is
[10:23.560 --> 10:30.240]  what should he do to get these people to leave him alone? Call up and ask who you
[10:30.240 --> 10:34.520]  know call the credit card company and ask who is the chairman of the board of
[10:34.520 --> 10:41.120]  this company and they'll say well is there a problem? Yeah there is I don't
[10:41.120 --> 10:46.000]  know who the chairman of the board is I'm doing a report on credit card
[10:46.000 --> 10:49.960]  companies for high school I'm in high school and I'm doing a high school
[10:49.960 --> 10:54.960]  report on credit card companies and and I was hoping that I could get your
[10:54.960 --> 11:01.880]  chairman of the board to just make me a little statement about that the service
[11:01.880 --> 11:10.080]  that credit card companies offer and how they help the economy grow and build get
[11:10.080 --> 11:16.240]  that all you want is his name and when they give you his name say well thank
[11:16.240 --> 11:24.080]  you very much and hang up and then call back and ask for this person not by his
[11:24.080 --> 11:30.720]  title but by his name. I once did this over a phone problem a friend of mine
[11:30.720 --> 11:35.760]  moved down from Colorado we all we had our own business so at this time this
[11:35.760 --> 11:40.040]  was a while back and I'm dating myself we still had party lines out in the
[11:40.040 --> 11:44.400]  country where I lived and he needed a private private line so they said well
[11:44.400 --> 11:47.520]  we can't put you in a private line push it stick unless you put in your own
[11:47.520 --> 11:51.960]  cable so we had to run a ditch which and put in 200 lines of underground cable
[11:51.960 --> 11:57.600]  they come out and hooked him up and he was on a five party line he was irate so
[11:57.600 --> 12:02.960]  I happened to know that Centelle their headquarters wasn't in Texas it was in
[12:02.960 --> 12:06.400]  Chicago so I called Chicago and asked for the chair for the president of
[12:06.400 --> 12:12.120]  Centelle and they said well he's not here now so I said well who is there he
[12:12.120 --> 12:17.160]  said well the chairman of the board's here well who's he with the gate says
[12:17.160 --> 12:25.160]  mr. Rice and I told mark I said mark you hear this guy's name is mr. Rice you
[12:25.160 --> 12:32.080]  need to talk to him and mark didn't know who he was so he took he grabbed the
[12:32.080 --> 12:38.800]  phone out of my hand and he's pretty upset he said hell right my name is mark
[12:38.800 --> 12:44.240]  Mazzarola and I paid you people for a private line and you put me on a six
[12:44.240 --> 12:50.320]  party line I'm gonna have my private line if I have to come to Chicago and
[12:50.320 --> 12:56.680]  kick your behind to get us and he slammed down the phone I said gee whiz
[12:56.680 --> 13:01.280]  mark you know who that was I don't know some rice character that was a chairman
[13:01.280 --> 13:08.600]  of the board 30 minutes later he gets a call from mr. Whitney executive vice
[13:08.600 --> 13:14.800]  president this five-state area mr. Mazzarola about your private line will
[13:14.800 --> 13:21.080]  tomorrow noon be soon enough this is what I suggest yes so what Randy's trying
[13:21.080 --> 13:28.000]  to saying and I agree try to sell it out of court I mean even the Bible says try
[13:28.000 --> 13:31.760]  to settle with your adversaries before you get to the judge okay and I have a
[13:31.760 --> 13:39.000]  similar experience and and this is about Ron Paul and the debates okay Ron Paul
[13:39.000 --> 13:45.080]  was going to be interviewed by a comm I'm sorry I forgot the comedians name who
[13:45.080 --> 13:53.320]  was on HBO all right and they had HBO website had a poll of who who you wanted
[13:53.320 --> 13:58.040]  to vote for to be the next president and listen like 25 people 25 candidates
[13:58.040 --> 14:02.520]  Democrats and Republicans everyone except on Paul and Ron Paul was going to
[14:02.520 --> 14:09.800]  be on HBO that night interviewed by this comedian and so I called up HBO and I
[14:09.800 --> 14:15.760]  worked my way to the top person by person I want to talk to your boss I want
[14:15.760 --> 14:21.240]  talk to your boss I want to talk to your boss okay of the the website the whoever
[14:21.240 --> 14:28.880]  was directing this poll this online poll finally got to the secretary of the
[14:28.880 --> 14:33.840]  webmaster okay and and Randy will tell you the secretary has more power than
[14:33.840 --> 14:41.040]  the person that he or she actually works for and I chewed this woman out and I
[14:41.040 --> 14:46.240]  said what are you guys doing okay because check it out Ron Paul is going to
[14:46.240 --> 14:54.560]  be on HBO tonight interviewed by this Bill Maher okay interview by Bill Maher
[14:54.560 --> 15:02.160]  and you have a poll up on the HBO website main homepage and Ron Paul is
[15:02.160 --> 15:08.680]  not even in the list and I said you know what let me tell you something Ron Paul's
[15:08.680 --> 15:16.400]  name better appear in that list somewhere within the next hour or I'm
[15:16.400 --> 15:22.840]  canceling my subscription to HBO and so is about 10,000 other people this is
[15:22.840 --> 15:27.040]  retarded okay you guys better do something about it and I'll tell you
[15:27.040 --> 15:30.840]  what else I'm gonna contact your sponsors oh that's when you really get
[15:30.840 --> 15:36.360]  them you contact their sponsors and you say you know what Dr. Pepper or whoever
[15:36.360 --> 15:43.240]  I'm not gonna buy your product anymore or I'm not gonna buy insurance from a
[15:43.240 --> 15:49.400]  state farm anymore or whoever if you're gonna sponsor HBO when they're pulling
[15:49.400 --> 15:54.280]  this crap okay you start messing with our sponsors you start going directly to
[15:54.280 --> 15:59.160]  the top like that let me tell you what Ron Paul's name was at the top of that
[15:59.160 --> 16:08.240]  poll on the HBO main homepage website in 20 minutes okay you go straight to the
[16:08.240 --> 16:14.760]  top and and the point is you settle it out of court okay this is cowboy justice
[16:14.760 --> 16:22.560]  in a kangaroo court we can do this and then what Deborah alluded to is the
[16:22.560 --> 16:27.760]  president's secretary I called Southwestern Bell to put in a
[16:27.760 --> 16:32.400]  yellow-page ad they put me on hold I hit hands-free was talking to a
[16:32.400 --> 16:40.960]  salesman then I hear hello may I help you I'd look down 33 minutes it took
[16:40.960 --> 16:47.000]  Southwestern Bell 33 minutes to get to my call I forgot who it was I said who
[16:47.000 --> 16:54.160]  is this for the Southwestern Bell yellow pages may I help you yes you can who is
[16:54.160 --> 17:00.040]  the president of Southwestern Bell well is there a problem yes ma'am there is I
[17:00.040 --> 17:05.240]  don't know what the president's name is well is there something I can do for you
[17:05.240 --> 17:10.000]  yes ma'am you can tell me who the president is well let me get you my
[17:10.000 --> 17:16.280]  supervisor so I get the supervisor and I grind on him he finally tells me who the
[17:16.280 --> 17:23.200]  president is I hang up I call I asked for the president by name they get me
[17:23.200 --> 17:29.720]  his secretary and I crawl right down her throat you see the thing about the
[17:29.720 --> 17:36.240]  president's secretary the president he has to be somewhat diplomatic with the
[17:36.240 --> 17:44.000]  people under him but his secretary she doesn't she actually she can say the
[17:44.000 --> 17:49.440]  things that the president would like to say but because of his position he has
[17:49.440 --> 17:53.360]  to exercise a certain amount of discretion she doesn't have to exercise
[17:53.360 --> 17:59.200]  any she can crawl down everybody's throat and tell them what she's going to get
[17:59.200 --> 18:05.880]  the president to do to them if they don't do what she wants ten minutes later
[18:05.880 --> 18:11.760]  I get a call from the head of marketing for Southwestern Bell and he he is doing
[18:11.760 --> 18:17.920]  everything he can to make me happy and I am deliberately as obnoxious that I
[18:17.920 --> 18:26.880]  guess I can the point is when it comes to businesses I own my own business for
[18:26.880 --> 18:32.880]  some 30 years 40 years I don't want to count back that far but when I had
[18:32.880 --> 18:38.960]  people working for me if they go out and do a job and they screw up they're gonna
[18:38.960 --> 18:42.640]  come back to me and say hey you know I screwed up here and I screwed up there
[18:42.640 --> 18:49.000]  right not gonna happen the guy who puts his blood and his sweat and his money
[18:49.000 --> 18:55.920]  into the business he never finds out what's going on so you got this
[18:55.920 --> 19:01.480]  business and you got people screwing around and putting the business at risk
[19:01.480 --> 19:07.600]  to serve their interest and the guys at the top have no clue nobody's going to
[19:07.600 --> 19:13.000]  tell them you should tell yeah and that's why Randy is saying call the
[19:13.000 --> 19:19.520]  chairman of the board of directors not the CEO not the vice president those are
[19:19.520 --> 19:27.800]  just administrative flunkies exactly the flunkies the talking heads they you know
[19:27.800 --> 19:32.680]  they're like little you know secretaries or whatever go first all right the the
[19:32.680 --> 19:37.720]  board when it comes to corporations the board of directors is who runs the show
[19:37.720 --> 19:42.640]  and the chairman of the board of directors is the ultimate boss and that's
[19:42.640 --> 19:47.640]  why Randy was saying that and you know I didn't demand to talk to that guy I
[19:47.640 --> 19:51.560]  demanded to talk to the guy who was running the website and I'm not talking
[19:51.560 --> 19:55.560]  talking to that person's secretary which was good enough but the point is you
[19:55.560 --> 20:03.560]  just don't give up you relentless ruthless sovereign okay and sovereign
[20:03.560 --> 20:09.720]  we're dealing with businesses here in this kind of situation I say and I'm
[20:09.720 --> 20:13.720]  you know we're doing a legal reform show here and everything but I say stay out
[20:13.720 --> 20:21.000]  of court if you can okay always remember you owe it to the guy who put took
[20:21.000 --> 20:26.040]  reached in his pocket and pulled out his money and put his money down on the
[20:26.040 --> 20:32.320]  table to make this business go remember you know with all businesses the
[20:32.320 --> 20:36.680]  customer comes first if they if the customer doesn't come first the business
[20:36.680 --> 20:41.720]  fails all right and that's why I told him Ron Paul's name better be on that
[20:41.720 --> 20:48.440]  pole within an hour or I'm canceling my subscription HBO and okay I got I got
[20:48.440 --> 20:53.080]  admit I fibulated I don't even have a subscription HBO but the point is I
[20:53.080 --> 20:57.800]  would have canceled it if I had it and and and everyone else felt the same way
[20:57.800 --> 21:02.600]  so you threaten them or not threatened but you just let them know they're
[21:02.600 --> 21:05.920]  risking their business and their sponsors too oh and like I said you hit
[21:05.920 --> 21:11.000]  them with their sponsors boy they people really get up tight these businesses
[21:11.000 --> 21:15.480]  really get up tight when you when you when it looks like their sponsorship is
[21:15.480 --> 21:21.960]  in danger and I what led me you know I go after Grand Jury's and I go I'm now
[21:21.960 --> 21:27.000]  I'm going for district judges and what really led to me to this was coming to
[21:27.000 --> 21:32.200]  understand how businesses work from running my own and from dealing with
[21:32.200 --> 21:39.320]  other businesses and where the influence is when I had when I called the chairman
[21:39.320 --> 21:44.440]  of the board of sin tell to telephone and mark chewed threatened to beat the
[21:44.440 --> 21:51.800]  crap out of the CEO of the chairman of the board two years later I would walked
[21:51.800 --> 21:56.280]  out of my house and the guy that worked for sin tell who managed all of the
[21:56.280 --> 22:00.120]  repair people saw me I knew him personally he said hey Randy come here
[22:00.120 --> 22:03.880]  come here I got somebody I want you to meet and he said this guy's down here
[22:03.880 --> 22:07.720]  from Jacksonville because we'd had several tornadoes through town and they
[22:07.720 --> 22:11.280]  were repairing everything this guy's down from Jacksonville about 60 miles
[22:11.280 --> 22:16.840]  away helping rebuild the infrastructure and he calls this guy over say hey come
[22:16.840 --> 22:20.200]  here come here come here you know who this guy is and the guy says well I
[22:20.200 --> 22:25.560]  don't know this is the guy that called the chairman of the board he didn't say
[22:25.560 --> 22:30.080]  when or anything he's just the guy that called and this other guy kind of
[22:30.080 --> 22:39.880]  cringed and went ooh two years later this had the effect of dramatically
[22:39.880 --> 22:45.880]  changing everything they did in that part of Texas one call to the chairman
[22:45.880 --> 22:51.240]  of the board you go to the top of that credit card company and you will scare
[22:51.240 --> 22:57.040]  it up a Jesus out of well you go to the top of any company any scare because and
[22:57.040 --> 23:03.600]  this is the same strategy Randy and employees and Randy and I both employ in
[23:03.600 --> 23:10.040]  the courts when we don't mess around with a Clark or the cop or the bailiff
[23:10.040 --> 23:15.840]  we go right after that district judge okay and in Tony Davis's case he's
[23:15.840 --> 23:22.400]  going out right after these federal circuit court judges okay and and in
[23:22.400 --> 23:29.160]  fact even the Supreme Court because title 18 is a fraud on his face you see
[23:29.160 --> 23:33.400]  man so I got it I got to hand it to Tony I mean listeners listen you got to
[23:33.400 --> 23:38.040]  listen to Tony Davis's show all right hey Tuesday night Tuesday nights 8 to 10
[23:38.040 --> 23:43.720]  p.m. all right some people may not think he has an animated you know
[23:43.720 --> 23:48.900]  presentation is Randy but I got to tell you Tony got it going on when it comes
[23:48.900 --> 23:53.040]  to the federal court system Tony intimidates me he makes me feel like a
[23:53.040 --> 23:56.720]  chump sometimes yeah so he's so knowledgeable the point is you go after
[23:56.720 --> 24:00.600]  the guy at the top or the woman at the top whoever it may be you're the sovereign
[24:00.600 --> 24:04.380]  once we realize that George this wouldn't be a question if you understood
[24:04.380 --> 24:08.320]  your sovereignty ready tell them tell them about on the military base okay
[24:08.320 --> 24:12.760]  okay the customer okay let's let's make an analogy here you got the customer
[24:12.760 --> 24:18.760]  chewing out the chairman of the board of directors who literally runs the company
[24:18.760 --> 24:26.000]  not the CEO okay and let's let's compare this to military military base and
[24:26.000 --> 24:31.680]  you've got the base commander and a civilian walks in and choose out the
[24:31.680 --> 24:37.200]  base commander okay you have to realize who you are if you're the customer you
[24:37.200 --> 24:42.500]  rule you're the civilian on a military base you rule you are the sovereign we
[24:42.500 --> 24:48.200]  are the sovereigns we rule period you know everybody's got got it backwards
[24:48.200 --> 24:57.120]  all right that we are the boss we're programmed to be subservient once we
[24:57.120 --> 25:06.600]  realize who we really are we become very very bad news these guys who would who
[25:06.600 --> 25:13.940]  would subvert us to their wish to their needs and and and purposes when we
[25:13.940 --> 25:19.720]  realize who we really are we become very bad news there's a judge in McLennan
[25:19.720 --> 25:26.560]  County that this week I went there that's Waco I was down in Waco and I
[25:26.560 --> 25:30.560]  filed criminal charges against him and then we went and bushwhacked him and
[25:30.560 --> 25:39.080]  dumped a motion on him and you know I'm nobody he has no idea who I am and I
[25:39.080 --> 25:44.360]  landed right square in the middle of it and he did everything he could to
[25:44.360 --> 25:53.440]  placate me because he recognized that I knew who I was relative to him and me
[25:53.440 --> 26:00.480]  relative to him made him a chump there was nothing he could do to me that I
[26:00.480 --> 26:06.280]  was the one with the authority because I am the sovereign he's the one bound to
[26:06.280 --> 26:11.040]  follow law and he's not following law and I'm kicking him in the teeth for it
[26:11.040 --> 26:17.560]  well yeah and it even boils down to okay even if you don't want to look at it as
[26:17.560 --> 26:22.640]  sovereignty and and public officials of government or any of that kind of thing
[26:22.640 --> 26:28.680]  let's just look at it from a contractual point of view they are our employees
[26:28.680 --> 26:36.600]  okay we tell them what to do who's the boss here we are okay we set the rules
[26:36.600 --> 26:44.320]  we put people in office to make the laws and appoint judges or elect the judges
[26:44.320 --> 26:50.520]  or whatever I give them a you know we don't delineate tasks to them we
[26:50.520 --> 26:55.000]  delegate tasks to them all right if they ain't going to do it right well then I
[26:55.000 --> 26:59.200]  guess we'll have to do it ourselves but the point is even if you don't want to
[26:59.200 --> 27:02.560]  look at it from a sovereignty point of view which we should let's just look at
[27:02.560 --> 27:06.040]  it from a contractual point of view we're the boss they're the employee they
[27:06.040 --> 27:12.120]  got to do what we say and if they don't the fired or worse put them in jail yeah
[27:12.120 --> 27:19.120]  George from Texas incorporated okay look George who's your boss at home okay I
[27:19.120 --> 27:25.480]  know wait a minute is she listening okay well when she's not messing with you
[27:25.480 --> 27:35.080]  who's the boss at home it's your company you are the CEO and when we deal with
[27:35.080 --> 27:42.040]  other CEOs as if we are the CEO and it's really a mind thing that's how we get
[27:42.040 --> 27:55.360]  over the program is we shift our mind around from subservient to master okay
[27:55.360 --> 27:59.320]  yeah and I'm sorry I don't tell this quick story and I wish this person would
[27:59.320 --> 28:06.520]  call in a good friend of mine gets pulled over by cop cop writes my friend
[28:06.520 --> 28:10.880]  ticket for running a stop sign when she claims he did not run a stop sign goes
[28:10.880 --> 28:17.040]  to court loses with child jury and everything okay the cop works a night
[28:17.040 --> 28:22.680]  shift and the prosecutor makes some big deal in the trial about how oh this cop
[28:22.680 --> 28:29.160]  had to stay up all night long work in the night shift and and stay awake for
[28:29.160 --> 28:36.320]  four more hours just to come to this trial and now my friend is afraid to go
[28:36.320 --> 28:43.640]  out at night to buy a pack of cigarettes because he's afraid that this cop who
[28:43.640 --> 28:48.640]  runs this beat is gonna have it out for him because he fought his traffic ticket
[28:48.640 --> 28:55.960]  now what could Randy what do we do about this crap we find oh I love traffic
[28:55.960 --> 28:59.880]  tickets yeah but the point is he's afraid to go out at night and again you
[28:59.880 --> 29:05.920]  know this is what we are programmed to feel this is what they go out of their
[29:05.920 --> 29:14.320]  way public officials want their life to be easy so they will use every tool and
[29:14.320 --> 29:21.840]  it's not necessarily always malicious the policeman probably feels like he was
[29:21.840 --> 29:26.960]  doing the right thing he's doing his job and this guy is giving me some crap
[29:26.960 --> 29:34.440]  because I did my job so everybody thinks they're doing right it's just our place
[29:34.440 --> 29:40.280]  to remind them of where their place is whether they like it or not okay look
[29:40.280 --> 29:44.960]  we're going to break we've got a full board of callers here see what you
[29:44.960 --> 29:50.000]  started George okay we'll be right back after the short break
[29:56.320 --> 30:01.280]  gold prices are historic highs and with the recent pullback this is a great time
[30:01.280 --> 30:05.340]  to buy with the value of the dollar risks of inflation geopolitical
[30:05.340 --> 30:09.480]  uncertainties and instability in world financial systems I see gold going up
[30:09.480 --> 30:14.040]  much higher hi I'm Tim Fry at Roberts and Roberts brokerage everybody should
[30:14.040 --> 30:17.920]  have some of their assets in investment grade precious metals and Roberts and
[30:17.920 --> 30:21.560]  Roberts brokerage you can buy gold silver and platinum with confidence from
[30:21.560 --> 30:26.440]  a brokerage that specialized in the precious metals market since 1977 if you
[30:26.440 --> 30:29.400]  are new to precious metals we will happily provide you with the information
[30:29.400 --> 30:33.360]  you need to make an informed decision whether or not you choose to purchase
[30:33.360 --> 30:37.720]  from us also Roberts and Roberts brokerage values your privacy and will
[30:37.720 --> 30:40.960]  always advise you in the event that we would be required to report any
[30:40.960 --> 30:45.240]  transaction if you have gold silver or platinum you'd like to sell we can
[30:45.240 --> 30:50.400]  convert it for immediate payment call us at 800-874-9760
[30:50.400 --> 30:59.800]  we're Roberts and Roberts brokerage 800-874-9760
[31:20.400 --> 31:31.800]  I saw a big red stain on this wall and I was thinking to myself heavens you know the war must be going splendid
[31:31.800 --> 31:37.800]  mmmm feel red money
[31:37.800 --> 31:45.800]  red money is here it's worth it's waiting feel red money
[31:45.800 --> 31:54.800]  out on a soldier's desk cause the money's so red it's red money
[31:54.800 --> 32:02.800]  it's all soaked up in blood with jack-o'-lanterns and the money's red money
[32:02.800 --> 32:09.800]  it used to be so green green as money that I ever see
[32:09.800 --> 32:18.800]  they used to back it up with silver and gold way back in the days of old
[32:18.800 --> 32:26.800]  oh mommy oh mommy please protect us from this bloody commie
[32:26.800 --> 32:34.800]  free republic that I used to know starting to look just like that manifesto
[32:34.800 --> 32:42.800]  whoa look at all that red money
[32:42.800 --> 32:50.800]  red money
[32:50.800 --> 32:59.800]  red money I could find a good buy this gun everybody get some red money
[32:59.800 --> 33:08.800]  red money in a team cross ride to prop up the fiat red money
[33:08.800 --> 33:17.800]  two billion a day just to keep a foot red China's got us right by the throat with red money
[33:17.800 --> 33:24.800]  get the gold plus the free ride funding wars from both sides with red money
[33:24.800 --> 33:32.800]  red money used to be so green green as money that I ever see
[33:32.800 --> 33:41.800]  they used to back it up with silver and gold way back in the days of old
[33:41.800 --> 33:49.800]  oh mommy oh mommy please protect us from this bloody commie
[33:49.800 --> 33:57.800]  free republic that I used to know starting to look just like that manifesto
[33:57.800 --> 34:05.800]  whoa look at all that red money
[34:05.800 --> 34:14.800]  red money
[34:14.800 --> 34:21.800]  red money manifesto flank is a private central bank printing red money
[34:21.800 --> 34:29.800]  red money really got some nerve down at the federal reserve printing red money
[34:29.800 --> 34:38.800]  red money federal fraction of reserve the private bank is really who they serve with red money
[34:38.800 --> 34:48.800]  all right the rule of law Randy Kelton and Debra Stevens all right we're laying
[34:48.800 --> 34:56.800]  that is my husband Jerry Stevens red money okay we're laying down the law here
[34:56.800 --> 35:02.800]  on the rule of law all right we have taken a lot of time Randy and I went off on
[35:02.800 --> 35:09.800]  on tirades and ramps and we had George's it's all George's fault he's called he's
[35:09.800 --> 35:13.800]  called in he set us off we've got like six other people on the line Mark Dan
[35:13.800 --> 35:20.800]  Randy from Austin Mr. Randy with the dog with the pellets okay taking it to the
[35:20.800 --> 35:27.800]  appellate court we got Mike we got Jim we're having entirely too much fun here
[35:27.800 --> 35:33.800]  okay I that's it I'm taking charge here we're given George and Randy two minutes
[35:33.800 --> 35:38.800]  to finish up and then we got to move on okay hurry up George what's your
[35:38.800 --> 35:44.800]  question yes I heard this happen in Florida there's been rumors that there
[35:44.800 --> 35:50.800]  has been devices put in to the rooms where attorneys and their clients would
[35:50.800 --> 35:55.800]  would talk and yet they would they'll find out that that this person that only
[35:55.800 --> 36:00.800]  told his lawyer that's supposed to be in this what they call attorney client
[36:00.800 --> 36:06.800]  privilege I mean is that criminal if they use that information that they
[36:06.800 --> 36:12.800]  eavesdrop between a lawyer and his client yes even if the guy's in jail when
[36:12.800 --> 36:20.800]  he speaks with his his client then they can't record that now if you were
[36:20.800 --> 36:26.800]  speaking to a visitor they could record it but not a client not a client and but
[36:26.800 --> 36:33.800]  it would take the attorney to raise the issue oh oh the the accused couldn't
[36:33.800 --> 36:37.800]  raise the issue really the accused but he has an attorney and what they're going
[36:37.800 --> 36:41.800]  to say is is he have to do was he's what his attorney says yeah because he
[36:41.800 --> 36:47.800]  signed off unless he has a mother Hubbard motion in or right to counsel
[36:47.800 --> 36:54.800]  where you have you heard of eavesdropping on a I mean I'm sorry
[36:54.800 --> 36:59.800]  intruding on attorney client privilege that's exactly what it is but the
[36:59.800 --> 37:04.800]  attorney is going to have to raise it and your attorneys not going to because
[37:04.800 --> 37:11.800]  he works for the court and that'll segue right into what I want to talk about is
[37:11.800 --> 37:18.800]  what I had okay you guys are two minutes are up you're out of here get the hook
[37:18.800 --> 37:23.800]  drag him off the stage sorry sorry George you got great questions but man I
[37:23.800 --> 37:27.800]  got to give some respect to the other college I've been waiting forever all
[37:27.800 --> 37:31.800]  right thanks George okay thank you George look we talked about this earlier
[37:31.800 --> 37:37.800]  already with the expectation of privacy and you know with attorneys and clients
[37:37.800 --> 37:42.800]  you definitely have an expectation of privacy it's even in the contract and in
[37:42.800 --> 37:49.800]  Texas you can't record other individuals that you are not party to the
[37:49.800 --> 37:54.800]  conversation without their permission you can record conversation that you are
[37:54.800 --> 37:59.800]  a part of without telling the person period so I don't quite understand what
[37:59.800 --> 38:05.800]  you you can scenario George was presenting about recording or he didn't
[38:05.800 --> 38:11.800]  do that we did you can record anyone who does not have an expectation of privacy
[38:11.800 --> 38:18.800]  George's question about about them presenting evidence of interaction
[38:18.800 --> 38:23.800]  between a client and attorney yeah a client an attorney has an expectation of
[38:23.800 --> 38:29.800]  privacy in Texas it all goes to expectation of privacy if you expect that
[38:29.800 --> 38:34.800]  your conversation is private and you're speaking in a way that you would have
[38:34.800 --> 38:38.800]  reason to believe it's private it's private okay well here's what I would
[38:38.800 --> 38:41.800]  say here's what I would say to George I don't know what the hypothetical
[38:41.800 --> 38:45.800]  scenario is George that you're presenting but I'll tell you what I don't
[38:45.800 --> 38:51.800]  think that it's up to the attorney to raise the issue I mean understand where
[38:51.800 --> 38:55.800]  Randy's coming from in a certain legal sense but I'll tell you what it's a
[38:55.800 --> 39:01.800]  crime plain and simple if I'm having what I believe to be a privileged
[39:01.800 --> 39:05.800]  private conversation between myself and my attorney or myself and my doctor and
[39:05.800 --> 39:13.800]  a government person or whoever eavesdrops and records a conversation
[39:13.800 --> 39:18.800]  between myself and my attorney I don't think I need the attorney to raise the
[39:18.800 --> 39:23.800]  issue maybe in a civil suit yes but if it's a crime I'll file a criminal
[39:23.800 --> 39:28.800]  charge I don't in Texas it's not a crime you just can't use it in
[39:28.800 --> 39:34.800]  Pennsylvania it's a felony but in Texas if you record someone when they don't
[39:34.800 --> 39:38.800]  have knowledge of it it's inadmissible as evidence but it's
[39:38.800 --> 39:43.800]  not a crime as are you saying are you saying that that wiretapping is not a
[39:43.800 --> 39:47.800]  crime in Texas that you could read tapping is different that's
[39:47.800 --> 39:52.800]  intercepting electronic communications are you saying that you could record to
[39:52.800 --> 39:59.800]  other people's conversation in Texas like a bug in their room in their office
[39:59.800 --> 40:04.800]  without their knowledge and that that's not a crime in Texas not specifically
[40:04.800 --> 40:13.800]  now it becomes a crime if I use that recording for some nefarious purpose
[40:13.800 --> 40:20.800]  just the fact that I recorded it is not designated a criminal act okay all right
[40:20.800 --> 40:28.800]  now if I record a person in their bathroom taking a bath naked that's not
[40:28.800 --> 40:33.800]  specifically it wasn't specifically a crime it became one but before that it
[40:33.800 --> 40:39.800]  wasn't a crime but if I took that recording and displayed it the displaying
[40:39.800 --> 40:44.800]  of an illicit recording was the crime I don't know about that okay it's kind of
[40:44.800 --> 40:47.800]  technical I don't know about that because I'll tell you what if it's my
[40:47.800 --> 40:54.800]  property my house my studio or my office anybody that invades or records a
[40:54.800 --> 41:01.800]  microphone without my permission is going to have some serious there was a
[41:01.800 --> 41:08.800]  guy who rented an apartment to a woman and record we had cameras in the
[41:08.800 --> 41:13.800]  bathroom and the way they got him because of the state of the law at the
[41:13.800 --> 41:23.800]  time was for using her electricity to run his camera that was the only way they
[41:23.800 --> 41:30.800]  could go after it and then now since subsequently they passed statutes that
[41:30.800 --> 41:38.800]  made it a criminal act to videotape someone in private in their private home
[41:38.800 --> 41:46.800]  actually in any toilet or something else yeah like like where you go change
[41:46.800 --> 41:51.800]  clothes yeah what about trespassing they came in my plate okay look look we got
[41:51.800 --> 41:55.800]  it we got to go to the college gotta go to the college okay okay let's listen
[41:55.800 --> 42:00.800]  okay we got we got mark in Michigan mark thanks for and mark Dan Randy Mike Jim
[42:00.800 --> 42:03.800]  everybody thanks for holding okay mark what's on your mind
[42:03.800 --> 42:10.800]  okay just wanted to call I actually had an interesting couple of days here I
[42:10.800 --> 42:18.800]  gotten a parking ticket that I called you guys about gosh back in September so
[42:18.800 --> 42:25.800]  I requested a hearing on it and you know these these guys didn't send me notice
[42:25.800 --> 42:29.800]  I went down there and I asked him what's going on don't worry don't worry we're
[42:29.800 --> 42:34.800]  going to take care of it we'll get you notice never gotten anything well I get
[42:34.800 --> 42:39.800]  a notice the other day in the mail saying we're going to show cause you and
[42:39.800 --> 42:44.800]  if you don't pay this and pay the fines we're taking away your license well you
[42:44.800 --> 42:49.800]  know next day I get the very similar notice saying just pay the fine and or
[42:49.800 --> 42:54.800]  else we're going to revoke your license I'm going oh gosh man this is you guys
[42:54.800 --> 42:58.800]  didn't have a case so now you're you're trying to figure out a way to make a
[42:58.800 --> 43:06.800]  difference so by the way the original parking ticket was never signed you know
[43:06.800 --> 43:13.800]  so that was one of the areas that I was going to argue so I prepared a motion to
[43:13.800 --> 43:19.800]  dismiss and you know requested the judges are yeah the judges oath of office
[43:19.800 --> 43:24.800]  and I went down there and I talked to them and the court clerk said to me she
[43:24.800 --> 43:30.800]  you know you're going to have to pay a bond in the amount of the ticket in
[43:30.800 --> 43:36.800]  order to go through with this but we'll submit it see what the judge says but
[43:36.800 --> 43:42.800]  you know on today was the day it was like the deadline on on Friday you'll
[43:42.800 --> 43:51.800]  you'll have to pay this bond and and in order to have this hearing okay great so
[43:51.800 --> 44:00.800]  I go down there today for it and you know I also asked them before I go into
[44:00.800 --> 44:06.800]  the day I asked them you know who's the moving party because on the show cause
[44:06.800 --> 44:11.800]  it only had the city name it didn't have an attorney like you would expect
[44:11.800 --> 44:16.800]  because normally you know in these charges they'll they'll have a you know
[44:16.800 --> 44:21.800]  state of Michigan or city of so-and-so and then they'll lift the attorney that's
[44:21.800 --> 44:26.800]  actually pushing it but there was no attorney so I asked them you know what
[44:26.800 --> 44:31.800]  who would draw this up okay can you give me the prosecutor's name I call the
[44:31.800 --> 44:36.800]  prosecutor's office they don't know anything about it they got no clue they
[44:36.800 --> 44:45.800]  didn't draw it up so this is starting to get fishy so I go down there today and
[44:45.800 --> 44:51.800]  I go up to the window and I said okay I'm here for a show cause and I submitted
[44:51.800 --> 44:56.800]  a motion I want to find out you know what's going on with that and she said
[44:56.800 --> 45:00.800]  well if you submitted a motion you'll have to pay the you know the bond and
[45:00.800 --> 45:05.800]  the amount of the ticket so okay and then you know we talked for another minute
[45:05.800 --> 45:12.800]  and she said wait a second are you Mark Jackson yeah yeah yeah hold on a second
[45:12.800 --> 45:20.800]  okay yeah the judge took this and he's he set it for a date let me give you a
[45:20.800 --> 45:26.800]  paper on that and I said you know and then I stopped her and I said wait a
[45:26.800 --> 45:29.800]  second you know I called the prosecutor's office and they don't know
[45:29.800 --> 45:33.800]  anything about this said you guys wouldn't be the ones pushing this ticket
[45:33.800 --> 45:38.800]  would you because that would be a and you wouldn't want to do anything illegal
[45:38.800 --> 45:45.800]  would you okay wait wait mark write this down champerty
[45:45.800 --> 45:56.800]  ch-a-m-p-e-r-t-y okay that's what it is okay now what does that mean Randy
[45:56.800 --> 46:07.800]  champerty it goes in line with baritree except champerty in Texas I can purchase
[46:07.800 --> 46:17.800]  a lawsuit if I purchase 51% of a civil action I have standing in some states
[46:17.800 --> 46:25.800]  that would be a criminal for someone who isn't personally involved in a civil
[46:25.800 --> 46:31.800]  litigation to take possession of part of the civil litigation that would be called
[46:31.800 --> 46:43.800]  champerty but in Texas it's allowed now it's not allowed if someone acts as if
[46:43.800 --> 46:56.800]  they have interest in a lawsuit when they don't like the judge the judge has
[46:56.800 --> 47:02.800]  no interest he's neutral but he's acting as if he has an interest and that's
[47:02.800 --> 47:08.800]  champerty that's what you want to look at for state you're in I'm sorry
[47:08.800 --> 47:13.800]  interrupted okay now now go ahead okay so so when I when I said that to her she
[47:13.800 --> 47:18.800]  got real nervous and you know she pretty much stopped talking at that moment and
[47:18.800 --> 47:22.800]  you know it was kind of similar the other day when I went down there too you
[47:22.800 --> 47:27.800]  know I you know I said well you know I got to be honest with you kind of work
[47:27.800 --> 47:31.800]  with groups and we kind of watch this stuff and I said you know you guys are
[47:31.800 --> 47:36.800]  being this is really fishy I said you're giving me a whole lot of standing for a
[47:36.800 --> 47:44.800]  lot of bad things and so yeah and my goal here is to do something with this I
[47:44.800 --> 47:52.800]  mean I purposely chose this so that I can go after them but so so I she stopped
[47:52.800 --> 47:59.800]  talking and I said well do I still have to pay the bond and she said no no you
[47:59.800 --> 48:07.800]  don't have to pay the bond I said I didn't think so I walked out I thought
[48:07.800 --> 48:22.800]  oh my gosh Mark you are the reason I'm on the radio you got it if I could get 1%
[48:22.800 --> 48:28.800]  of just the people listening to me to understand what you obviously
[48:28.800 --> 48:36.800]  intuitively understand we would fix this problem we would take back our courts
[48:36.800 --> 48:43.800]  once once we in internally understand that these guys are screwing up and if
[48:43.800 --> 48:49.800]  we stand on them and if we stand up to them they have no power over us I mean
[48:49.800 --> 48:53.800]  you got a parking ticket I mean whoopty-freaking-doo I mean what are
[48:53.800 --> 48:58.800]  they gonna do charge of what they're gonna charge you with to start with and
[48:58.800 --> 49:04.800]  so you get to have all the fun you want to I mean how many times is is this court
[49:04.800 --> 49:10.800]  going to have to get their butts kicked before they start doing it right well
[49:10.800 --> 49:14.800]  and I don't think they ever have and that's really what it's an issue of I
[49:14.800 --> 49:18.800]  mean this is this is too good of a source of revenue when I walked in there
[49:18.800 --> 49:25.800]  there was 35 people in line easily and I looked around and I saw all the same
[49:25.800 --> 49:30.800]  papers that I had and I thought oh my gosh these guys are making such a
[49:30.800 --> 49:34.800]  killing and this has got to happen I'm guessing it probably happens every
[49:34.800 --> 49:39.800]  Friday and then you probably have some stragglers who come in so you know 40
[49:39.800 --> 49:45.800]  people $40 apiece that's 1600 bucks just or well actually if the show caused
[49:45.800 --> 49:52.800]  it's actually more like 110 so you know you got to love it yeah it's all about
[49:52.800 --> 50:00.800]  dollar flow oh yeah we like to think that our courts are about these noble
[50:00.800 --> 50:08.800]  ideals of justice and liberty nah it's about money and once we figure out how
[50:08.800 --> 50:13.800]  to kick them in the butt and figure out that we can kick them in the butt and
[50:13.800 --> 50:19.800]  when we go in there and start a fight with them then all of a sudden the
[50:19.800 --> 50:22.800]  tables are turned around yeah and we're starting to mix up a little bit of
[50:22.800 --> 50:27.800]  commercial law and with the statutory start going after these judges bonds
[50:27.800 --> 50:34.800]  yeah this is the part I was wanting to talk about today I haven't got to is
[50:34.800 --> 50:40.800]  we've got a lot of callers so I'll try to cover this quickly mark when you go
[50:40.800 --> 50:47.800]  into the court play coat pay close attention to what the judge is doing you
[50:47.800 --> 50:57.800]  see the judge has absolute immunity from any decision that he makes okay not true
[50:57.800 --> 51:07.800]  the judge no wait ready you mean immunity from civil litigation civil
[51:07.800 --> 51:20.800]  litigation for any decision that he makes that is a judicial decision now if a
[51:20.800 --> 51:30.800]  decision is prescribed by law if it is a decision that he has no discretion over
[51:30.800 --> 51:37.800]  that's not you know where the courts have said in this case you must do this
[51:37.800 --> 51:42.800]  thing in that case he has no decision the one thing I take on all the time is
[51:42.800 --> 51:47.800]  when I present a criminal complaint to a district attorney accusing a public
[51:47.800 --> 51:55.800]  official of violating a law a statute says that he must present the complaint
[51:55.800 --> 52:01.800]  to the grand jury if he does not do that you know that's not something over which
[52:01.800 --> 52:09.800]  he has discretion he must do this thing in that case he has no immunity if he
[52:09.800 --> 52:18.800]  violates that mandated decision then he has no immunity from civil litigation
[52:18.800 --> 52:28.800]  here's work or wait wait one more thing think ministerial decision judges have
[52:28.800 --> 52:36.800]  immunity when they make a judicial decision a judicial decision goes to
[52:36.800 --> 52:45.800]  the merits of a case but a decision that goes to the administration of the case
[52:45.800 --> 52:52.800]  is not judicial it's a ministerial and when a judge makes an
[52:52.800 --> 53:00.800]  administrative decision he has zero immunity from civil litigation okay
[53:00.800 --> 53:06.800]  Randy can you please give us an example of what would be an administrative
[53:06.800 --> 53:13.800]  decision by a judge as opposed to a judicial decision by a judge yes I have
[53:13.800 --> 53:21.800]  a friend that I finally got to he the courts in Jacksonville Texas are going
[53:21.800 --> 53:28.800]  after him the chief of police is after him because he filed suit against him so
[53:28.800 --> 53:33.800]  he got bailed out of jail they filed false charges against him and he wants
[53:33.800 --> 53:38.800]  to take him on himself because he's a researcher like I am and I talked I'm
[53:38.800 --> 53:43.800]  trying to talk him into taking a court-appointed counsel well he's
[53:43.800 --> 53:47.800]  absolutely opposed to that I said wait a minute Robert wait a minute okay you
[53:47.800 --> 53:53.800]  take court-appointed counsel we file all of my stacks of motions with him with
[53:53.800 --> 54:00.800]  all these 23 due process violations in it and say to the attorney here Bubba
[54:00.800 --> 54:05.800]  file these and argue them and he's going to say heck with that I'm not going to
[54:05.800 --> 54:14.800]  do it so you go to the judge so you file we file 23 bar grievances against the
[54:14.800 --> 54:18.800]  attorney and the first thing the attorney do is going to do is run to the judge
[54:18.800 --> 54:21.800]  and say oh judge they're kicking my behind I want you to remove me from the
[54:21.800 --> 54:28.800]  case and we go to the judge and say judge you butt out I have a private
[54:28.800 --> 54:33.800]  contract with this attorney you are not to interfere and the judge is going to
[54:33.800 --> 54:39.800]  say well I have the power to remove him from this case if I want to and he will
[54:39.800 --> 54:46.800]  remove him then we will sue the judge personally okay but Randy are you saying
[54:46.800 --> 54:52.800]  that the judge removed that attorney would that be an administrative
[54:52.800 --> 55:00.800]  decision exactly it does not go to the merits of the case well then why in the
[55:00.800 --> 55:05.800]  heck does the judge have the power or the authority to make such a decision
[55:05.800 --> 55:10.800]  anyway it doesn't make any sense the judge has an authority to remove an
[55:10.800 --> 55:16.800]  attorney for cause the attorney comes in and says hey judge I had a stroke
[55:16.800 --> 55:22.800]  yesterday I can't adjudicate this case then the judge can say well if I allow
[55:22.800 --> 55:26.800]  this attorney to continue to try to adjudicate this case he can't do it
[55:26.800 --> 55:30.800]  appropriately so I need to remove him from the case and put in somebody who
[55:30.800 --> 55:35.800]  can do it right okay so basically as far as principles go Randy what you're
[55:35.800 --> 55:42.800]  saying is an administrative decision would be regarding the structure or the
[55:42.800 --> 55:51.800]  flow of the case of the you know how things go as opposed to a judicial
[55:51.800 --> 55:56.800]  decision which would be when a judge would make a ruling on the merits of
[55:56.800 --> 56:03.800]  the case like inside the realm of the arguments of the case itself exactly
[56:03.800 --> 56:09.800]  okay so if a judge removes an attorney defense attorney or like if a judge
[56:09.800 --> 56:15.800]  removes a prosecutor or if you know these kinds of things grants of
[56:15.800 --> 56:20.800]  continuance because say a prosecutor threw up on the table okay that would be
[56:20.800 --> 56:30.800]  an administrative administrative okay or if managerial managerial type of
[56:30.800 --> 56:39.800]  decision-making exactly in that case the judge has zero immunity you know
[56:39.800 --> 56:46.800]  civil litigation civil litigation and I'm glad she keeps saying that she keeps
[56:46.800 --> 56:53.800]  reminding me to say that part because there's a lot of confusion in the among
[56:53.800 --> 57:02.800]  the public about the nature of immunity no one has any immunity from committing
[57:02.800 --> 57:08.800]  any criminal action yes nobody's above the law so when they say immunity it
[57:08.800 --> 57:13.800]  doesn't mean immunity from criminal prosecution it only means immunity from
[57:13.800 --> 57:18.800]  civil litigation yeah but this is crucial because this is new Randy we
[57:18.800 --> 57:23.800]  haven't even talked about this before tonight about the difference between
[57:23.800 --> 57:28.800]  administrative decisions and judicial decisions and the fact that judges are
[57:28.800 --> 57:33.800]  not immune from civil litigation when it comes to administrative decisions so
[57:33.800 --> 57:40.800]  say for example you know I've got a defense attorney and he you know this
[57:40.800 --> 57:45.800]  this defense attorney is pulling crap but I want to make him do right and file
[57:45.800 --> 57:51.800]  the motions that I want him to file and this attorney goes crying to the judge
[57:51.800 --> 57:55.800]  you know get me off this case because I don't want to follow these motions my
[57:55.800 --> 58:00.800]  client is wanting me to file and the judge says okay I'll take you off the
[58:00.800 --> 58:06.800]  case and that's an administrative decision well then I could go back and
[58:06.800 --> 58:14.800]  sue the living crap out of that judge for removing that attorney as my as my
[58:14.800 --> 58:20.800]  attorney okay and I could probably sue him for torches interference of a
[58:20.800 --> 58:25.800]  contract as well that's exactly it you have a contract with that attorney
[58:25.800 --> 58:28.800]  because that's an administrative decision that has nothing to do with the
[58:28.800 --> 58:33.800]  merits of the case exactly this is about playing by the rules you paid the
[58:33.800 --> 58:40.800]  attorney to protect your interest but the attorney's gonna say well I'm an
[58:40.800 --> 58:46.800]  officer of the court and I have to do what judge says besides if I peel that
[58:46.800 --> 58:52.800]  judge he may rule against my next client and screw them to get back at me okay
[58:52.800 --> 58:56.800]  okay so let me let me make an analogy here let me make an analogy here any
[58:56.800 --> 59:02.800]  it's like a referee and a football game or a baseball game okay the referee
[59:02.800 --> 59:09.800]  is responsible for making sure both teams follow the rules okay if they
[59:09.800 --> 59:16.800]  break the rules like well you know the holding and and you know like say the
[59:16.800 --> 59:22.800]  someone on the scrimmage line jumps before the quarterback throws you know
[59:22.800 --> 59:25.800]  throws the ball to the guy behind him or whatever he's called okay and the
[59:25.800 --> 59:30.800]  referee throws a flag okay that would be like an administrative decision okay
[59:30.800 --> 59:36.800]  but then when it comes to okay let's say the guy's running for a touchdown and
[59:36.800 --> 59:42.800]  and you know he's just barely making it over over the goal line and and it's
[59:42.800 --> 59:48.800]  like okay there's two inches did he really make the the ball into the end
[59:48.800 --> 59:54.800]  zone or not that would be a judicial decision exactly that goes to his
[59:54.800 --> 01:00:02.800]  judgment in the merits of the circumstance okay so you can't mess
[01:00:02.800 --> 01:00:07.800]  with a judge when it comes to his decision-making on the merits of the
[01:00:07.800 --> 01:00:11.800]  case judicial decision and that's reasonable because you don't want judges
[01:00:11.800 --> 01:00:17.800]  or juries for that matter to be afraid to make rulings that they feel are
[01:00:17.800 --> 01:00:24.800]  proper for fear of getting sued but they darn well better be afraid of getting
[01:00:24.800 --> 01:00:34.800]  sued for messing up with the rules of the game yeah exactly like when the judge
[01:00:34.800 --> 01:00:39.800]  puts his hand on the butt of the court reporter yeah I don't have anything to
[01:00:39.800 --> 01:00:45.800]  do with the case before the bar yeah he wishes that's administrative and for
[01:00:45.800 --> 01:00:51.800]  that he has no protection when the judge that's called letching yeah so yeah
[01:00:51.800 --> 01:00:58.800]  that's letching that's okay well the point is I'm trying to take a different
[01:00:58.800 --> 01:01:05.800]  approach if we're going to get back the legal system the one thing we're going
[01:01:05.800 --> 01:01:12.800]  to have to do is take the judge to task we don't have to worry about the police
[01:01:12.800 --> 01:01:16.800]  officers the jack-booted thugs on the street that's not where we're going to
[01:01:16.800 --> 01:01:20.800]  fix it they're just going to do what they're told yes and we're not going to
[01:01:20.800 --> 01:01:25.800]  going to win this fight by going after the prosecutors for committing
[01:01:25.800 --> 01:01:30.800]  improprieties in the performance of their duty well we have to do that but
[01:01:30.800 --> 01:01:36.800]  that's not where we're going to win where we're going to win is going right
[01:01:36.800 --> 01:01:43.800]  for that judges throat and it's just like going to the chairman of the board
[01:01:43.800 --> 01:01:48.800]  yeah I can really see it now and Randy I gotta tell you I've been a co-host now
[01:01:48.800 --> 01:01:54.800]  since the spring of 2007 you know and you keep saying the same thing all the
[01:01:54.800 --> 01:01:58.800]  time and I've been working with you but but I really see it I'm really really
[01:01:58.800 --> 01:02:04.800]  seeing it more and more you know everybody wants to make the prosecutor
[01:02:04.800 --> 01:02:11.800]  out to be the big bad guy and he is okay or she is and the jack-booted thug
[01:02:11.800 --> 01:02:18.800]  thug cops yeah they are but you know the way the whole game is set up is just to
[01:02:18.800 --> 01:02:24.800]  get us caught up in all this turmoil you know it's the smoke and mirrors scheme
[01:02:24.800 --> 01:02:29.800]  pay no attention to the little man or little woman or whatever behind the
[01:02:29.800 --> 01:02:36.800]  curtain that district judge is who runs the show period and at the federal level
[01:02:36.800 --> 01:02:41.800]  it's that circuit court judge period the guy behind the curtain don't get
[01:02:41.800 --> 01:02:45.800]  distracted by that prosecutor because that judge tells the prosecutor what to
[01:02:45.800 --> 01:02:52.800]  do you know it yes and Tony Davis he's he's on on Tuesday nights he is going
[01:02:52.800 --> 01:03:00.800]  straight for federal judges throats I'm here in Texas I'm going for Texas judges
[01:03:00.800 --> 01:03:09.800]  throats forget about everybody else use everybody else to lead you to the judge
[01:03:09.800 --> 01:03:15.800]  when you kick the judge right square in his teeth everybody backs up and says
[01:03:15.800 --> 01:03:22.800]  whoa well but Randy and what we need to get our audience to understand too who's
[01:03:22.800 --> 01:03:27.800]  going to enforce and keep the judge in line because you know damn well the
[01:03:27.800 --> 01:03:33.800]  prosecutor ain't going to do it it's that jury it's that grand jury jury okay
[01:03:33.800 --> 01:03:39.800]  then this is why I started this whole thing to begin with because of 9-eleven
[01:03:39.800 --> 01:03:47.800]  because I am intent on taking 9-eleven into the courts legitimately okay and it
[01:03:47.800 --> 01:03:52.800]  all comes down to that grand jury all right the grand jury is the power the
[01:03:52.800 --> 01:03:58.800]  grand jury is the key the fourth branch of government who is gonna check over
[01:03:58.800 --> 01:04:04.800]  the judge who you think the prosecutor is going to prosecute the judge no you
[01:04:04.800 --> 01:04:10.800]  think the executive branch the president or the governor what no okay you think
[01:04:10.800 --> 01:04:16.800]  Congress is going to impeach that judge no okay who is going to keep that judge
[01:04:16.800 --> 01:04:23.800]  in line us the jury okay people have to realize the hierarchy of the branches of
[01:04:23.800 --> 01:04:30.800]  government okay it we have a balance of power but the executive branches on the
[01:04:30.800 --> 01:04:33.800]  bottom they do what they're told that's why they call the executive branch they
[01:04:33.800 --> 01:04:37.800]  execute law they don't get to make any decisions they don't get to decide they
[01:04:37.800 --> 01:04:41.800]  don't want to enforce law they don't like it Congress makes the law who
[01:04:41.800 --> 01:04:46.800]  decides with the laws unconstitutional not it's the courts the judges who keeps
[01:04:46.800 --> 01:04:53.800]  the judges in line us the juries okay all right we got a ton of callers here
[01:04:53.800 --> 01:05:02.800]  yes and just just one quick statement whenever I go into a jurisdiction and I
[01:05:02.800 --> 01:05:14.800]  mention grand juries everything changes immediately this is the key you know we
[01:05:14.800 --> 01:05:20.800]  hate to keep going back to the same place like a mantra but it is the mantra
[01:05:20.800 --> 01:05:28.800]  it don't matter if you never get to the grand jury just saying grand jury in the
[01:05:28.800 --> 01:05:35.800]  front of in the face of public officials scares the crap ola out of it because
[01:05:35.800 --> 01:05:42.800]  they know we rule that's why yes I went into North Carolina and all I did was
[01:05:42.800 --> 01:05:50.800]  ask the bailiff to tell the foreman that I wanted to talk to it I didn't tell him
[01:05:50.800 --> 01:05:54.800]  what it was about and when he said I couldn't I went to his lieutenant and
[01:05:54.800 --> 01:05:59.800]  asked his lieutenant to arrest him and you would not believe what these guys
[01:05:59.800 --> 01:06:05.800]  were doing you could have done that anyone could have done that and these
[01:06:05.800 --> 01:06:12.800]  guys are jumping up and down trying to find a way to make me happy to make me
[01:06:12.800 --> 01:06:18.800]  not want to pursue where I'm going this is the you know I hate to think in terms
[01:06:18.800 --> 01:06:26.800]  of a silver bullet it is though yeah it is the grand jury is the one thing
[01:06:26.800 --> 01:06:32.800]  everybody's afraid it's been set up since the 1200s okay and I'm telling you
[01:06:32.800 --> 01:06:38.800]  that prosecutor is terrified of the grand jury terrified terrified yeah he wants
[01:06:38.800 --> 01:06:43.800]  you to think he controls them any prosecutor with the salt get a great
[01:06:43.800 --> 01:06:48.800]  get a ham sandwich and dot it yeah that's right bubba just try to keep that
[01:06:48.800 --> 01:06:53.800]  ham sandwich from getting indicted big deceiver the big deceiver and I do blame
[01:06:53.800 --> 01:06:57.800]  the prosecutor I'm going to take him down or her down to not just the judge
[01:06:57.800 --> 01:07:02.800]  because of the what that person does to the grand jury this is all this is all
[01:07:02.800 --> 01:07:08.800]  George's fault he got us wound up guys totally wound up man I mean look I'm
[01:07:08.800 --> 01:07:16.800]  telling you the grand jury is supposed to be at die diametrically opposed 180
[01:07:16.800 --> 01:07:22.800]  degrees at odds with the prosecutor period I'll say it loud and clear the
[01:07:22.800 --> 01:07:28.800]  grand jury is not an arm of the prosecutorial branch the process the
[01:07:28.800 --> 01:07:34.800]  grand jury is not a a a functionary of the prosecutor or the court system either
[01:07:34.800 --> 01:07:40.800]  the grand jury is there to to kick the prosecutor out and tell me school crap
[01:07:40.800 --> 01:07:44.800]  yeah what do we need a grand jury for I mean the prosecutors ones about it has
[01:07:44.800 --> 01:07:51.800]  to prosecute and he's learning counsel he should be the one to determine whether
[01:07:51.800 --> 01:07:57.800]  or not there's sufficient evidence to warrant a prosecution why did our yes so
[01:07:57.800 --> 01:08:04.800]  why did our founders put a product put a grand jury in place between the citizen
[01:08:04.800 --> 01:08:09.800]  and the government yeah why did the barons take King John down to the River
[01:08:09.800 --> 01:08:16.800]  Thames and nearly behead him okay because of oppression yes the grand jury's only
[01:08:16.800 --> 01:08:27.800]  real purpose is to protect you and I from the prosecutor and also to initiate
[01:08:27.800 --> 01:08:33.800]  prosecution against government officials because you know the prosecutor ain't
[01:08:33.800 --> 01:08:38.800]  going to do it okay well what do you expect the prosecutor to do prosecute
[01:08:38.800 --> 01:08:42.800]  somebody he works with he should never be put in such a position it's
[01:08:42.800 --> 01:08:50.800]  unconscionable so in Texas you know I do seminars all over the state and all over
[01:08:50.800 --> 01:08:57.800]  the country and endeavors weren't with me and in Texas of all the states I've
[01:08:57.800 --> 01:09:03.800]  been to Texas has the best law that I've ever found California has pretty good
[01:09:03.800 --> 01:09:07.800]  grand jury law too yeah Texas California does have a good grand jury law but
[01:09:07.800 --> 01:09:13.800]  the California is really pretty whacked out there's a lot of nonsense going in
[01:09:13.800 --> 01:09:19.800]  count going on in California but they do have a very good grand jury system and
[01:09:19.800 --> 01:09:25.800]  that grand jury system means a lot in Texas the grand jury system is our
[01:09:25.800 --> 01:09:30.800]  salvation if we will just use it it's not just in Texas it's everywhere in the
[01:09:30.800 --> 01:09:37.800]  whole country in the whole entire earth and I am so sick and tired I hear and
[01:09:37.800 --> 01:09:46.800]  people say oh it's it's an antiquated system it's a relic it's okay
[01:09:46.800 --> 01:09:50.800]  barbarous some legal scholars have called the grand jury
[01:09:50.800 --> 01:09:58.800]  barbarous and and a you know totally throwing sand in the gears of the
[01:09:58.800 --> 01:10:03.800]  justice system and those darn grand juries and they just don't want to have
[01:10:03.800 --> 01:10:07.800]  to mess with them it's nothing but a problem to them well guess what people
[01:10:07.800 --> 01:10:14.800]  the grand jury is supposed to be a problem they are supposed to throw a
[01:10:14.800 --> 01:10:19.800]  major monkey wrench in the gears of the criminal justice system because it
[01:10:19.800 --> 01:10:27.800]  should not be easy to take away someone's liberty period exactly
[01:10:27.800 --> 01:10:32.800]  okay we really need to go okay okay let's go we've ranted this is George's
[01:10:32.800 --> 01:10:38.800]  fault he got us wound up on our no he didn't we just let it into our primary
[01:10:38.800 --> 01:10:42.800]  issue well you know grand juries have this is where it's at grand juries have
[01:10:42.800 --> 01:10:48.800]  overthrown mayors they they run public work systems this is about us taking
[01:10:48.800 --> 01:10:56.800]  back our power and let me just add one more thing this is a special time Tony
[01:10:56.800 --> 01:11:01.800]  Davis we were talking about something totally different once and he said you
[01:11:01.800 --> 01:11:10.800]  know sometimes the stars just seem to align themselves and in spite of all of
[01:11:10.800 --> 01:11:18.800]  the doom and gloom sayers we are at a place and a point in history where the
[01:11:18.800 --> 01:11:26.800]  stars have aligned themselves we've had Bush for eight years and he's created
[01:11:26.800 --> 01:11:35.800]  incredible corruption now we have a change of leadership now I'm not saying
[01:11:35.800 --> 01:11:39.800]  change of leadership is is anything better than what was there before but it
[01:11:39.800 --> 01:11:47.800]  is a change now we have all of the judges all of the prosecutors looking
[01:11:47.800 --> 01:11:52.800]  over their shoulders because they remember what happened when Bush got in
[01:11:52.800 --> 01:11:59.800]  he dumped all the u.s. attorneys anyone any u.s. attorney who was honest and he
[01:11:59.800 --> 01:12:04.800]  would do the right thing hit the road and he hired the flunkies the toadies
[01:12:04.800 --> 01:12:08.800]  now all the toadies that are in there are looking for the new administration
[01:12:08.800 --> 01:12:14.800]  to do the same thing whether they will or not even Ashcroft couldn't stomach
[01:12:14.800 --> 01:12:22.800]  Bush's pukedness okay pukedness I'd like that I just made up another word
[01:12:22.800 --> 01:12:28.800]  I'm serious no okay really Tony Davis will tell you that in the federal
[01:12:28.800 --> 01:12:36.800]  courts he's finding that the courts are actually beginning to render somewhat
[01:12:36.800 --> 01:12:42.800]  more proper decisions because it appears as though everybody's looking over the
[01:12:42.800 --> 01:12:51.800]  shoulder right time right place I feel like everything I've done up until this
[01:12:51.800 --> 01:13:01.800]  point has led me to this point all of these all of the other legal reform
[01:13:01.800 --> 01:13:09.800]  activists who've been working in this area have been in training now's the
[01:13:09.800 --> 01:13:16.800]  time now's the place and here's what I would ask all my listeners to do that I
[01:13:16.800 --> 01:13:24.800]  intend to do but they probably won't let me go volunteer to be on a grand jury
[01:13:24.800 --> 01:13:29.800]  because what generally happens it's not like a petty jury grand juries have to
[01:13:29.800 --> 01:13:34.800]  sit for several months you have to go meet two three times a week at least
[01:13:34.800 --> 01:13:39.800]  half a day or a full day that means you got to take time off of work all right
[01:13:39.800 --> 01:13:44.800]  or you have to have a spouse or a family member who's going to support you you
[01:13:44.800 --> 01:13:49.800]  know and your living expenses while you do something like this you go sit on a
[01:13:49.800 --> 01:13:56.800]  grand jury and and and make yourself foreman for more woman as it were I'm
[01:13:56.800 --> 01:14:01.800]  telling you you will change the world I was telling Randy I was telling a good
[01:14:01.800 --> 01:14:08.800]  friend of mine that helps me with computer technical advice and and my
[01:14:08.800 --> 01:14:17.800]  husband Jerry today three computers one piece of rack mount gear and a whole
[01:14:17.800 --> 01:14:24.800]  heap of cables and I will change the world okay and that's what I'm doing
[01:14:24.800 --> 01:14:31.800]  right now with this radio network and I'm telling you you go volunteer to set
[01:14:31.800 --> 01:14:35.800]  on a grand jury and play dumb okay because you know what these people are
[01:14:35.800 --> 01:14:39.800]  these guys in Austin you know they know who I am they got to know who I am I
[01:14:39.800 --> 01:14:44.800]  walk in that courthouse door you know you think they're gonna let me sit on a
[01:14:44.800 --> 01:14:49.800]  grand jury I doubt it if they do boy they're in for it
[01:14:49.800 --> 01:14:59.800]  my son has my name Randall Kelton I'm Randall Dwayne Kelton he's Randall DEE
[01:14:59.800 --> 01:15:07.800]  Kelton he's been called for a grand jury I never have so they know who we are
[01:15:07.800 --> 01:15:15.800]  well you and I anyone can have a tremendous effect because 99% of the
[01:15:15.800 --> 01:15:21.800]  public is so immersed in the problems of their personal lives hand-to-mouth
[01:15:21.800 --> 01:15:28.800]  existence yeah so those few of us who stand up and kick them in their teeth we
[01:15:28.800 --> 01:15:34.800]  can have a very powerful effect okay and look check it out they can hardly get
[01:15:34.800 --> 01:15:38.800]  people to sit on a grand jury because people don't have the time they have to
[01:15:38.800 --> 01:15:42.800]  go to work I think you know they got to feed the families they got to pay the
[01:15:42.800 --> 01:15:47.800]  bills all right so so they can barely even get people to sit on a grand jury
[01:15:47.800 --> 01:15:51.800]  and then they recruit defense attorneys and stuff like this okay they're
[01:15:51.800 --> 01:15:56.800]  they're they're begging for people to go sit on the grand jury okay you go down
[01:15:56.800 --> 01:16:01.800]  there and act like a you know a little miss or a little mister prim and proper
[01:16:01.800 --> 01:16:06.800]  square you know wear a bow tie or whatever or checks you know dress all
[01:16:06.800 --> 01:16:11.800]  square and put your hair in a foot do whatever I mean you know what I'm saying
[01:16:11.800 --> 01:16:16.800]  it's like it's like look like dress like the average Joe and act like you're just
[01:16:16.800 --> 01:16:20.800]  here to do your community service because you want to give something back
[01:16:20.800 --> 01:16:26.800]  to the public and and the community and stuff and and once you get in man you
[01:16:26.800 --> 01:16:33.800]  just raised total hell okay make yourself the foreman make
[01:16:33.800 --> 01:16:39.800]  yourself the for woman you take control you just take over all right we're going
[01:16:39.800 --> 01:16:44.800]  to go to some calls and that's my advice to all our listeners go get your butt
[01:16:44.800 --> 01:16:52.800]  on a grand jury right now okay here we go Dan in Connecticut hey how's it going
[01:16:52.800 --> 01:17:00.800]  is this really this is a real deal yes it is this for real news for you um I
[01:17:00.800 --> 01:17:04.800]  initially called it with two points but now I have three now that you mentioned
[01:17:04.800 --> 01:17:10.800]  grand jury okay go ahead Dan my wife was called for a jury duty and a fictitious
[01:17:10.800 --> 01:17:14.800]  voter by the name of Frank real who does not live here who allegedly lives here
[01:17:14.800 --> 01:17:18.800]  as a registered Republican was called but I was not called and I'm just going
[01:17:18.800 --> 01:17:27.800]  God when when is my turn when do I get to go you can forget it credible dude
[01:17:27.800 --> 01:17:32.800]  you're certifiably credible there's no way they're going to call you I'm
[01:17:32.800 --> 01:17:37.800]  surprised they even called your wife they never going to call you yeah I mean
[01:17:37.800 --> 01:17:42.800]  the best thing about that you probably know about it anyway I'll forget that
[01:17:42.800 --> 01:17:48.800]  it's probably another show subject or whatever second I did a show today about
[01:17:48.800 --> 01:17:53.800]  what you guys do believe it or not and it is on our charito.com I have it
[01:17:53.800 --> 01:17:57.800]  archived I not only put a link to your network but I put a link to David
[01:17:57.800 --> 01:18:03.800]  Merlin's site wait a minute that's Myrland what dude why do you call him
[01:18:03.800 --> 01:18:09.800]  that because it annoys him yeah but dude that is so rude I know David David
[01:18:09.800 --> 01:18:13.800]  Myron David Merlin I'll argue with Randy about that he was on the show the other
[01:18:13.800 --> 01:18:21.800]  day he's the only other guy I know of that does what I do I had to call him
[01:18:21.800 --> 01:18:26.800]  Merlin because he is a magician if you read that Rico complaint I had to call
[01:18:26.800 --> 01:18:31.800]  him I had to do a show yesterday about it just to get through it because it was
[01:18:31.800 --> 01:18:36.800]  excellent yes it is I mean and that's frustrating for me because he's better
[01:18:36.800 --> 01:18:46.800]  at what I do than I do no he's not and I am I said you know you guys do what you
[01:18:46.800 --> 01:18:50.800]  do and the way you do it best but he takes a different approach so I
[01:18:50.800 --> 01:18:55.800]  suggested that my listeners go through it and find the best way to go through
[01:18:55.800 --> 01:19:01.800]  it and kind of marry the both of the best of the two worlds yeah yeah Merlin is
[01:19:01.800 --> 01:19:10.800]  great you know he is his depth of knowledge I admit is far beyond mind and
[01:19:10.800 --> 01:19:17.800]  I'm glad to do that I'm very focused I very I go to a lot of trouble to be very
[01:19:17.800 --> 01:19:23.800]  focused but you need to come up with the one tax argument that hasn't made the
[01:19:23.800 --> 01:19:28.800]  list list that they've been using to kick these guys in the teeth with since
[01:19:28.800 --> 01:19:38.800]  1993 I'm good 83 1993 that was according to him the first time they've used it
[01:19:38.800 --> 01:19:43.800]  I've checked it out and yes they've been kicking the bejesus out of them with it
[01:19:43.800 --> 01:19:49.800]  and as a matter of fact he cited an argument that was supposedly frivolous in
[01:19:49.800 --> 01:19:53.800]  all circuit courts in Seattle and supposedly illegal for a search warrant
[01:19:53.800 --> 01:20:05.800]  in Miami Merlin is great I just heard him on the power hour on GCN this morning
[01:20:05.800 --> 01:20:10.800]  yes yes he's a great guest Merlin is good at what he does Randy you're good
[01:20:10.800 --> 01:20:15.800]  at what you do I'm good at what I do Dan is good at what he does it's okay for
[01:20:15.800 --> 01:20:19.800]  me but it gets it gets better I want to get to my second okay okay go ahead go
[01:20:19.800 --> 01:20:24.800]  ahead um anyway I told you guys about comp busters you've known about him
[01:20:24.800 --> 01:20:30.800]  you're with yes yes I called them today and I'm actually going to finally get to
[01:20:30.800 --> 01:20:36.800]  interview mr. Cooper for the article that I'm writing about him and get him on my
[01:20:36.800 --> 01:20:42.800]  show and if you guys want to get in contact with him through cop busters.com
[01:20:42.800 --> 01:20:46.800]  and you can call the number on there I was told that he'd be more than happy to
[01:20:46.800 --> 01:20:50.800]  talk with you so good and I mentioned what you guys did and I mentioned you
[01:20:50.800 --> 01:20:55.800]  guys were the champions of grand jury complaints and he's of course in the
[01:20:55.800 --> 01:21:01.800]  same state Texas yeah so speaking of Texas I wanted to mention a case number
[01:21:01.800 --> 01:21:06.800]  if you've got a pen and paper handy yes I do this is a case that went to the
[01:21:06.800 --> 01:21:16.800]  Fifth Circuit of the US courts it is case number 0650428 is it the you're
[01:21:16.800 --> 01:21:21.800]  talking about the fifth the Fifth Circuit Court of Appeals the Federal
[01:21:21.800 --> 01:21:27.800]  Fifth Circuit Court of Appeals that was the last action oh my god that that is
[01:21:27.800 --> 01:21:33.800]  that is the the the court that Tony has been Tony Davis has been talking about
[01:21:33.800 --> 01:21:38.800]  for the last two weeks and by the way with a clerk I listened to it and I just
[01:21:38.800 --> 01:21:41.800]  want to get through this thing get to other callers go ahead but in this
[01:21:41.800 --> 01:21:45.800]  particular case that was the last action I could find do you have the
[01:21:45.800 --> 01:21:56.800]  designation of the case 0650426 what's the litigants that would be Madden
[01:21:56.800 --> 01:22:01.800]  versus United States Yolanda Madden was actually imprisoned for possession of
[01:22:01.800 --> 01:22:06.800]  methamphetamine with intent to distribute and that is the reason that
[01:22:06.800 --> 01:22:10.800]  Barry Cooper got involved with the show cop busters in Texas instead of
[01:22:10.800 --> 01:22:15.800]  Washington and he actually did that sting that I'd mentioned last time I
[01:22:15.800 --> 01:22:19.800]  called up yes set up a house with the Christmas trees and the grow light and
[01:22:19.800 --> 01:22:26.800]  the cameras and it turns out the warrant was based on an anonymous tip which we
[01:22:26.800 --> 01:22:30.800]  could make all the jokes we want on that because it is a joke at that point
[01:22:30.800 --> 01:22:36.800]  but essentially he has information the informant basically said he was put up
[01:22:36.800 --> 01:22:43.800]  to the task of handing miss Madden money that hasn't happened to have methamphetamine
[01:22:43.800 --> 01:22:49.800]  in it and not only that she actually tested negative for methamphetamine and
[01:22:49.800 --> 01:22:54.800]  both she and the informant they used went through a lie detector test that
[01:22:54.800 --> 01:22:59.800]  believe or not the name of the guy escapes me at this point but the guy who
[01:22:59.800 --> 01:23:03.800]  did the lie detector test was actually somebody who worked with the CIA of all
[01:23:03.800 --> 01:23:09.800]  agencies and he said yep these guys are telling the truth so my question at this
[01:23:09.800 --> 01:23:14.800]  point would be is there a way we could probably write a writ of habeas corpus
[01:23:14.800 --> 01:23:19.800]  I'm understanding based on what I read tonight on the case that a writ of
[01:23:19.800 --> 01:23:24.800]  habeas corpus was already filed but it had to do with the fact that by the way I
[01:23:24.800 --> 01:23:28.800]  should mention she had a bench trial she supposedly waived her right to trial by
[01:23:28.800 --> 01:23:34.800]  jury wait a minute wait a minute wait hold on Dan hold on you're asking like
[01:23:34.800 --> 01:23:40.800]  five questions in one sentence who are you talking about filing a writ of habeas
[01:23:40.800 --> 01:23:48.800]  corpus on behalf of forgive my dangling participle I'm talking about filing a
[01:23:48.800 --> 01:23:54.800]  writ on behalf of miss Madden I guess what happened I mean I have to really get
[01:23:54.800 --> 01:23:58.800]  familiar with the case before I can find more things going on with it but what I
[01:23:58.800 --> 01:24:03.800]  want to do is I want to take that lie detector test I want to take the drug
[01:24:03.800 --> 01:24:08.800]  test and I want to take the testimony of the informant and use that to write a
[01:24:08.800 --> 01:24:15.800]  writ of habeas corpus to get miss Madden out of jail okay I'm not sure if a writ
[01:24:15.800 --> 01:24:19.800]  of habeas corpus would be appropriate wait a minute wait a minute I'm lost
[01:24:19.800 --> 01:24:24.800]  I'm lost here who's miss madison madden madden is a person that was imprisoned
[01:24:24.800 --> 01:24:32.800]  for a actually tried and went through the court and she was found guilty of in a
[01:24:32.800 --> 01:24:36.800]  you know possession of methamphetamine with intent to distribute but the thing
[01:24:36.800 --> 01:24:40.800]  is the meth was not in her possession and it wasn't known to be in her
[01:24:40.800 --> 01:24:45.800]  possession until she had the money and realized it then they busted her wait
[01:24:45.800 --> 01:24:50.800]  wait yeah but hold on hold on Dan she didn't know she had the methamphetamine
[01:24:50.800 --> 01:24:55.800]  yes that's pretty much from what I've read of it that I understand is she
[01:24:55.800 --> 01:24:59.800]  didn't know she had it until she had it and then they got her and I guess the
[01:24:59.800 --> 01:25:04.800]  cops put this informant up to actually go hand the stuff over and then that's
[01:25:04.800 --> 01:25:08.800]  how she acquired it so therefore she had possession and then they arrested her
[01:25:08.800 --> 01:25:12.800]  and went oh well you've got enough methamphetamine we could say you're
[01:25:12.800 --> 01:25:18.800]  trying to sell the stuff yeah but okay Dan okay there you have some legitimate
[01:25:18.800 --> 01:25:22.800]  arguments here that could be brought before the court but I'm not so sure a
[01:25:22.800 --> 01:25:28.800]  writ of habeas corpus is the proper document because a writ of habeas corpus
[01:25:28.800 --> 01:25:36.800]  that's why I called okay a writ of habeas corpus is used for someone who has
[01:25:36.800 --> 01:25:45.800]  not been brought before the court yet okay that's what it means habeas corpus
[01:25:45.800 --> 01:25:55.800]  that me in Latin that means bring the body okay habeas hold on hold on hold on
[01:25:55.800 --> 01:26:01.800]  people need to understand this is a very serious issue habeas corpus is used in
[01:26:01.800 --> 01:26:06.800]  situations where a person has been imprisoned or had their liberties
[01:26:06.800 --> 01:26:13.800]  restricted in some way and has never been brought before the court yet or had
[01:26:13.800 --> 01:26:18.800]  any documents filed before the court yet there that person would be demanding to
[01:26:18.800 --> 01:26:24.800]  be heard before the court like when you know they're thrown in jail and the
[01:26:24.800 --> 01:26:28.800]  prosecutors trying to squeeze in for the deal and they have nothing there's
[01:26:28.800 --> 01:26:33.800]  nothing filed in the court record etc etc habeas corpus means bring the body
[01:26:33.800 --> 01:26:38.800]  bring me before the court I demand to be heard before the court and you can only
[01:26:38.800 --> 01:26:46.800]  show cause exactly and you can only you can only file a writ of habeas corpus
[01:26:46.800 --> 01:26:55.800]  and demand for it to be heard one time unless you can bring additional evidence
[01:26:55.800 --> 01:26:59.800]  okay this is where it gets interesting and I should have mentioned this
[01:26:59.800 --> 01:27:06.800]  beforehand but it turns out the guy that arrested miss Madden and I'm just
[01:27:06.800 --> 01:27:11.800]  reading this off the cop buster site I have to check this out yet so bear in
[01:27:11.800 --> 01:27:18.800]  mind a little skepticism as I am but it turns out that while he was arresting
[01:27:18.800 --> 01:27:23.800]  her and getting a statement from her it turns out that initially he'd arrested
[01:27:23.800 --> 01:27:28.800]  the informant in another jail in a different town around the same time
[01:27:28.800 --> 01:27:33.800]  within an hour of difference and what actually ended up happening is it looks
[01:27:33.800 --> 01:27:38.800]  like there's kind of a whiteout on the arrest report but what wasn't changed
[01:27:38.800 --> 01:27:43.800]  was there is actually a printout of them taking the informant into custody and
[01:27:43.800 --> 01:27:48.800]  the thing that gets really interesting is if you read the physical copy of the
[01:27:48.800 --> 01:27:53.800]  document the name of the arresting officer that took mrs. Madden into
[01:27:53.800 --> 01:27:58.800]  custody was actually whited out and replaced with a Jones an officer that
[01:27:58.800 --> 01:28:03.800]  is actually deceased so this is where it gets really crazy
[01:28:03.800 --> 01:28:06.800]  that goes to tampering with a government document which is a felony
[01:28:06.800 --> 01:28:10.800]  yeah that's exactly what I thought and I figured you guys might want to know about
[01:28:10.800 --> 01:28:15.800]  that and get in touch with mr. Cooper and perhaps find out about it
[01:28:15.800 --> 01:28:21.800]  seemed to have started in the middle here yeah I mean this is looking so
[01:28:21.800 --> 01:28:27.800]  sketchy that I'm wondering if a well you know did was she even actually
[01:28:27.800 --> 01:28:32.800]  apprehended by the right guy I mean you know if he was here where was he so I
[01:28:32.800 --> 01:28:36.800]  mean what was she even actually arrested legitimately anyway well that's what I
[01:28:36.800 --> 01:28:41.800]  was going to go to and this is where she was arrested by a dead guy am I getting
[01:28:41.800 --> 01:28:46.800]  this right so the informant was actually arrested by the same guy so where was
[01:28:46.800 --> 01:28:54.800]  he so he's arresting two people and two physically separated places yep
[01:28:54.800 --> 01:29:00.800]  virtually the same time I actually had a situation I dealt with here in
[01:29:00.800 --> 01:29:06.800]  Connecticut where someone I knew was actually taken into custody for DUI but
[01:29:06.800 --> 01:29:13.800]  the thing is I actually went and I did a FOIA request for the tapes of the
[01:29:13.800 --> 01:29:17.800]  police station footage and I did the same thing for the radio transmissions
[01:29:17.800 --> 01:29:22.800]  now if you do the math I mean there's a minute between him being in his car
[01:29:22.800 --> 01:29:27.800]  driving and just being pulled over to him being in the police station so
[01:29:27.800 --> 01:29:31.800]  obviously unless the cops driving 95 miles per hour and all the doors of the
[01:29:31.800 --> 01:29:36.800]  police station and his car and the crews are all open and you know he determined
[01:29:36.800 --> 01:29:39.800]  probable cause in that time I mean that's the kind of situation I'm looking
[01:29:39.800 --> 01:29:45.800]  at okay wait wait wait wait Dan I'm sorry what state is this happening this
[01:29:45.800 --> 01:29:50.800]  happened in Odessa Texas where she was taken into custody okay look look this
[01:29:50.800 --> 01:29:55.800]  is okay there's a lot of details here there really is okay then you have
[01:29:55.800 --> 01:30:01.800]  presented okay and I'm sorry if I'm not following very well but it seems like
[01:30:01.800 --> 01:30:07.800]  there may be some jumping around in the story here's what needs to happen okay
[01:30:07.800 --> 01:30:12.800]  and I would have advised this to all of our listeners that want to call in for
[01:30:12.800 --> 01:30:21.800]  help this person needs to write a narrative a chronological narrative of
[01:30:21.800 --> 01:30:29.800]  the events just like they say on the the show just the facts ma'am okay it
[01:30:29.800 --> 01:30:34.800]  doesn't have to be exhaustive just sort of outline form okay because what I
[01:30:34.800 --> 01:30:38.800]  recommended today when I did a show on your show and I understand what you're
[01:30:38.800 --> 01:30:43.800]  looking at right now so okay because what what what okay and and I just want
[01:30:43.800 --> 01:30:47.800]  to explain this to our listeners and you probably know already damn because you
[01:30:47.800 --> 01:30:55.800]  know us and you know we we've had a lot of interaction we never go to the merits
[01:30:55.800 --> 01:31:03.800]  of the case Randy if we can avoid it I mean I'm talking we never need to okay
[01:31:03.800 --> 01:31:13.800]  because these guys and girls break so many laws every single step of the way
[01:31:13.800 --> 01:31:21.800]  I'm talking hundreds if not thousands of statutory violations from arrest to
[01:31:21.800 --> 01:31:27.800]  trial in the state of Texas and I know for sure in every state okay 23 okay
[01:31:27.800 --> 01:31:33.800]  okay come on it's more than that 23 I can document look the point is the point
[01:31:33.800 --> 01:31:39.800]  is we don't go to the merits of the case we look at procedure we remember how
[01:31:39.800 --> 01:31:45.800]  Randy was talking earlier about judges making administrative versus judicial
[01:31:45.800 --> 01:31:53.800]  rulings okay and how a judge is civilly liable can be sued has no immunity for
[01:31:53.800 --> 01:31:57.800]  administrative decisions well it's basically we kind of use the same
[01:31:57.800 --> 01:32:00.800]  principle we don't look at the merits of the case I don't care if somebody's
[01:32:00.800 --> 01:32:05.800]  guilty or not what I care about is did the cop and the judge and the prosecutor
[01:32:05.800 --> 01:32:10.800]  break the law all along the way in dealing with the case that's what we go
[01:32:10.800 --> 01:32:15.800]  after because once you start arguing the merits of the case you're dead meat
[01:32:15.800 --> 01:32:26.800]  procedure is administrative the merits of the case is judicial and that goes to
[01:32:26.800 --> 01:32:35.800]  the judgment of the judge but procedure does not go to the judgment of the judge
[01:32:35.800 --> 01:32:42.800]  you must follow procedure you don't get to violate but this is an aggressive
[01:32:42.800 --> 01:32:51.800]  proactive offensive technique that Randy and I take we don't take in a defensive
[01:32:51.800 --> 01:32:59.800]  stance okay we take okay we take an offensive stance I don't care what they
[01:32:59.800 --> 01:33:06.800]  accuse someone of all right what did those guys do wrong I hate to interrupt
[01:33:06.800 --> 01:33:11.800]  but my question here would be if they didn't follow their procedure was it
[01:33:11.800 --> 01:33:17.800]  actually you know a legitimate process and therefore would it be cause to write
[01:33:17.800 --> 01:33:22.800]  a writ of habeas corpus not necessarily maybe it's not if the person's
[01:33:22.800 --> 01:33:28.800]  liberties is not restricted yeah exactly habeas corpus only goes to restriction
[01:33:28.800 --> 01:33:37.800]  of liberty and habeas corpus tells the whoever is restricting this person at
[01:33:37.800 --> 01:33:44.800]  his liberty to bring bring the body habeas corpus bring the body before the
[01:33:44.800 --> 01:33:49.800]  court and show cause as to why you're restricting this person at his liberty
[01:33:49.800 --> 01:33:57.800]  now if they have an allegation of criminal wrongdoing and they have
[01:33:57.800 --> 01:34:03.800]  followed all of the legal procedures then they can show cause as to why
[01:34:03.800 --> 01:34:10.800]  they're holding him so what you're talking about may not go exactly habeas
[01:34:10.800 --> 01:34:16.800]  corpus yeah but they've made so many flagrant violations of law there's so
[01:34:16.800 --> 01:34:21.800]  many other remedies I mean just yeah it may go to due process violations all
[01:34:21.800 --> 01:34:25.800]  kinds of due process of disqualification of the judge or I mean all kinds of
[01:34:25.800 --> 01:34:31.800]  things I mean you can't be the words we're using well listen you can't use
[01:34:31.800 --> 01:34:37.800]  writ of habeas corpus flippantly it's like it's like the ace of spades you use
[01:34:37.800 --> 01:34:43.800]  it one time you use it when you need it and that's it okay and I don't think
[01:34:43.800 --> 01:34:48.800]  it's necessary in this in this case yeah this may go to due process I thought
[01:34:48.800 --> 01:34:52.800]  not but I figured it would be good technical question to bring I mean there
[01:34:52.800 --> 01:34:58.800]  is a good thing that can be pointed out but I mean I was a little iffy on that
[01:34:58.800 --> 01:35:02.800]  seeing if it could already be done and from what I'm understanding a writ of
[01:35:02.800 --> 01:35:09.800]  habeas was already filed what happened with the grid of habeas corpus it was
[01:35:09.800 --> 01:35:15.800]  actually denied basically they're saying that she'd allegedly waived her right
[01:35:15.800 --> 01:35:20.800]  to a trial by jury but my question I haven't talked to miss Madden and I'm
[01:35:20.800 --> 01:35:26.800]  really curious to do so wait a minute hold hold hold it was a bit of habeas
[01:35:26.800 --> 01:35:33.800]  corpus does not go to trial by jury really rid of habeas corpus goes to
[01:35:33.800 --> 01:35:39.800]  authority to hold in the first instance they may have done Dan we'd have to look
[01:35:39.800 --> 01:35:44.800]  at this in depth yeah it sounds to me like they wanted to be brief so you
[01:35:44.800 --> 01:35:47.800]  could well wait a minute hold on we want you to understand and we want to
[01:35:47.800 --> 01:35:52.800]  listeners understand the principle here they may have denied and listen you
[01:35:52.800 --> 01:35:59.800]  nobody ever files a writ of habeas corpus you file a petition for a writ of
[01:35:59.800 --> 01:36:06.800]  habeas corpus and then the judge would grant that writ of habeas corpus okay
[01:36:06.800 --> 01:36:11.800]  and maybe the reason that her petition for writ of habeas corpus was denied is
[01:36:11.800 --> 01:36:15.800]  because it was an inappropriate petition in the first place because of her
[01:36:15.800 --> 01:36:21.800]  liberties weren't restricted then it's unnecessary all right but okay what you
[01:36:21.800 --> 01:36:25.800]  have to look at okay this is what you have to look at and this is what all the
[01:36:25.800 --> 01:36:30.800]  listeners have to look at we do process you look at the statute you look at the
[01:36:30.800 --> 01:36:35.800]  criminal procedure code you look at what is outlined by law according to
[01:36:35.800 --> 01:36:41.800]  congress of what is required of the police to do from arrest to trial in the
[01:36:41.800 --> 01:36:44.800]  process what's required the prosecutor what's required the judge what's
[01:36:44.800 --> 01:36:49.800]  required the magistrate etc etc etc this is all laid out by statute in most
[01:36:49.800 --> 01:36:56.800]  states okay and then you just see where they screw up and then you go they just
[01:36:56.800 --> 01:37:01.800]  file criminal charges against them and and and a lot of times you don't really
[01:37:01.800 --> 01:37:04.800]  need the writ of habeas corpus and you need to be careful with the writ of
[01:37:04.800 --> 01:37:09.800]  habeas corpus because you can only use it one time all right actually you can
[01:37:09.800 --> 01:37:12.800]  use it more than one time with the permission of the court unless there's
[01:37:12.800 --> 01:37:18.800]  additional evidence but you can only use it one time by force okay by force of
[01:37:18.800 --> 01:37:25.800]  law you can only require the writ of habeas corpus to be heard and granted
[01:37:25.800 --> 01:37:31.800]  one time all right unless there's additional evidence so you have to be
[01:37:31.800 --> 01:37:37.800]  careful it's like this trump card use it when you need to right Randy yes it
[01:37:37.800 --> 01:37:44.800]  has to be on point of law the first one is the most important the second one you
[01:37:44.800 --> 01:37:52.800]  can be heard but you have to have file a motion for leave leave to file the writ
[01:37:52.800 --> 01:37:57.800]  to ask permission yeah I put the all of the judges of the court of criminal
[01:37:57.800 --> 01:38:03.800]  appeals before the grand jury in Travis County because they denied me leave to
[01:38:03.800 --> 01:38:09.800]  file the original they can't do that yeah if it had been a subsequent writ
[01:38:09.800 --> 01:38:16.800]  then they couldn't have so and and Dan and what I'm going to hear is is about
[01:38:16.800 --> 01:38:20.800]  being very careful about how we're thinking about what we're doing right
[01:38:20.800 --> 01:38:26.800]  yeah when we follow the first one go ahead Dan yeah that's that's why I
[01:38:26.800 --> 01:38:31.800]  figured I should ask it because I looked at this and it's tempting on its face to
[01:38:31.800 --> 01:38:35.800]  really do it if you're new to this stuff and I look through this and it was
[01:38:35.800 --> 01:38:40.800]  already done but on the other hand I do know that they have evidence from the
[01:38:40.800 --> 01:38:45.800]  testimony they've got the lie detector from the informant they've got her lie
[01:38:45.800 --> 01:38:50.800]  detector you know and they've got the clean drug tests from her so I wouldn't
[01:38:50.800 --> 01:38:54.800]  know if that would count and on top of that where was the arresting officer
[01:38:54.800 --> 01:38:58.800]  when he actually arrested her in the first place well okay that's critical
[01:38:58.800 --> 01:39:03.800]  these are all very legitimate points and it's really complex and I know you've
[01:39:03.800 --> 01:39:07.800]  got other colors yeah yes we do raise the flag and you know if you could revisit
[01:39:07.800 --> 01:39:13.800]  it at a later point okay sure but okay listen and for you and your listeners on
[01:39:13.800 --> 01:39:20.800]  your show and our listeners the remedies that Randy and I present it it goes to
[01:39:20.800 --> 01:39:28.800]  what is the problem what is the remedy okay if I see a cockroach running down
[01:39:28.800 --> 01:39:35.800]  my kitchen floor I don't blast my 12 gauge at it okay that would be like a
[01:39:35.800 --> 01:39:42.800]  writ of habeas corpus but if people came busting down my door busting nine
[01:39:42.800 --> 01:39:49.800]  milli mills yeah they would get my 12 gauge on them okay so you have to have
[01:39:49.800 --> 01:39:56.800]  an appropriate remedy that is you know what I'm saying the remedy has to be
[01:39:56.800 --> 01:40:01.800]  appropriate with the problem okay because okay let's say well not my
[01:40:01.800 --> 01:40:07.800]  shotgun because I have a lot my shotgun will load 12 rounds but a lot of
[01:40:07.800 --> 01:40:14.800]  traditional shotguns will only load one round or two three at the most okay
[01:40:14.800 --> 01:40:20.800]  old-school style II all right you get two shots you get three shots all right
[01:40:20.800 --> 01:40:27.800]  and that's it so you better use it wisely and that's the point of the writ
[01:40:27.800 --> 01:40:31.800]  of habeas corpus you can't just go blowing your wob like that I mean I'm
[01:40:31.800 --> 01:40:35.800]  not saying that you would do that but you have to look at the the problem and
[01:40:35.800 --> 01:40:41.800]  what is the appropriate remedy yes and I know when she's saying this you're
[01:40:41.800 --> 01:40:47.800]  thinking this sounds very complex it's not as complex as it appears sometimes
[01:40:47.800 --> 01:40:55.800]  Dan all you need is a fly swatter you don't need that the big you know bomb
[01:40:55.800 --> 01:41:02.800]  yeah there are a lot of you we have you have the writ of habeas corpus you have
[01:41:02.800 --> 01:41:11.800]  the writ of mandamus which is extremely powerful but the writ of mandamus can be
[01:41:11.800 --> 01:41:18.800]  used when the writ of habeas corpus can't there's a you know it's hard to get this
[01:41:18.800 --> 01:41:26.800]  all sorted out because there's a lot of issues involved here but we're only if
[01:41:26.800 --> 01:41:33.800]  we focus ourselves on criminal it's not as hard as we would think look it's
[01:41:33.800 --> 01:41:39.800]  actually not that hard at all you get the person the victim to write a
[01:41:39.800 --> 01:41:45.800]  chronological chain of events on a piece of paper and then you walk down the
[01:41:45.800 --> 01:41:53.800]  code okay and then all you do is you match up and see what those other guys
[01:41:53.800 --> 01:41:58.800]  did wrong who cares who cares that the person is really guilty or not it
[01:41:58.800 --> 01:42:06.800]  doesn't matter what matters is what they did wrong okay I think what we're
[01:42:06.800 --> 01:42:10.800]  missing here is we haven't backed up at the start at the beginning okay we need
[01:42:10.800 --> 01:42:14.800]  to back up at the start at the beginning look Dan Dan have this person write a
[01:42:14.800 --> 01:42:19.800]  narrative but listen we got like 15 minutes and I want to we got Mike, Jim
[01:42:19.800 --> 01:42:25.800]  and Matt I really want to take other callers Dan on our next show a narrative
[01:42:25.800 --> 01:42:31.800]  is really kind of details this happened and that happened and this happened give
[01:42:31.800 --> 01:42:38.800]  us a outline better yet what about the documents have been filed in the court
[01:42:38.800 --> 01:42:43.800]  records yeah and this may be really good for our listeners to understand how
[01:42:43.800 --> 01:42:51.800]  this works give us an outline because the courts have to follow due process at
[01:42:51.800 --> 01:43:01.800]  every instance we have a right to due process in the first instance so give us
[01:43:01.800 --> 01:43:08.800]  the details step by step what happened bring this on the next show and we'll
[01:43:08.800 --> 01:43:13.800]  walk down it yeah step by step let's do that Dan how about you come on either
[01:43:13.800 --> 01:43:19.800]  Monday or Thursday of next week and we are going to analyze this case as a case
[01:43:19.800 --> 01:43:25.800]  study as an example step by step according to due process code yeah and
[01:43:25.800 --> 01:43:29.800]  it'll make this all begin to make good I just wanted to let you know about it I
[01:43:29.800 --> 01:43:34.800]  know Barry Cooper's been working on it he's actually a former DA agent and he's
[01:43:34.800 --> 01:43:38.800]  seen this all the time but this particular police department okay all
[01:43:38.800 --> 01:43:44.800]  right listen Dan we really need to move on okay I'm sorry because we only have
[01:43:44.800 --> 01:43:50.800]  15 minutes left yeah call us Monday yeah this would make a great show to walk
[01:43:50.800 --> 01:43:58.800]  through a case yeah front to back with a good if not a complete narrative just a
[01:43:58.800 --> 01:44:02.800]  outline but we're going to show what they do wrong every step of the way okay
[01:44:02.800 --> 01:44:07.800]  look we got about 15 minutes left we got Randy Mike Jim and Matt we got four
[01:44:07.800 --> 01:44:14.800]  people okay I hope we can get to everybody okay Randy what's on your mind
[01:44:14.800 --> 01:44:19.800]  tonight I was calling back from last night and just to bring y'all back up to
[01:44:19.800 --> 01:44:24.800]  speed we were discussing I'd filed a motion to dismiss with a JP court and
[01:44:24.800 --> 01:44:29.800]  had gone into the clerk and looked in the the file and the only thing in the
[01:44:29.800 --> 01:44:34.800]  file was my motion the copy of the citation and then this what they call a
[01:44:34.800 --> 01:44:39.800]  notice to appear that they sent me after I'd filed the motion the clerk told me
[01:44:39.800 --> 01:44:43.800]  that there that the judge had denied the motion and that had entered a plea of
[01:44:43.800 --> 01:44:50.800]  not guilty and that I was to show up on this day of coming up under this notice
[01:44:50.800 --> 01:44:54.800]  to appear and that there would be a trial although the notice says there's a
[01:44:54.800 --> 01:44:58.800]  pretrial conference and my question really kind of goes down to you don't
[01:44:58.800 --> 01:45:02.800]  they have to have some kind of an information in a sworn complaint in that
[01:45:02.800 --> 01:45:08.800]  file before they can do anything you file the motion in the case yeah motion
[01:45:08.800 --> 01:45:20.800]  to dismiss did the the prosecutor file a answer to your motion no then the
[01:45:20.800 --> 01:45:27.800]  prosecutor stipulated to all of the facts you stipulated in your motion
[01:45:27.800 --> 01:45:32.800]  you need to file a summary judgment motion yeah but what about what Randy was
[01:45:32.800 --> 01:45:39.400]  asking doesn't it have to be criminal complaint in a file okay we can go to
[01:45:39.400 --> 01:45:43.600]  criminal complaint in the file if we need to but if you file a motion to
[01:45:43.600 --> 01:45:49.800]  dismiss and the prosecution didn't answer then the prosecution prosecution
[01:45:49.800 --> 01:45:56.240]  just stipulate to all of the assertions you made in your motion what did you
[01:45:56.240 --> 01:46:04.400]  assert in your motion I had asserted in the motion first I said I appeared under
[01:46:04.400 --> 01:46:08.260]  special appearance number two was there was no sworn statement supporting the
[01:46:08.260 --> 01:46:12.800]  citation and number three there was no final administrative determination
[01:46:12.800 --> 01:46:20.300]  because this is under the what they call the ACA the Animal County Health
[01:46:20.300 --> 01:46:29.000]  Authority or something like that and in in that in that rule they say that you
[01:46:29.000 --> 01:46:33.960]  know for first-time offenders the ACA will in effect waive all or a portion of
[01:46:33.960 --> 01:46:38.120]  the fines related to misdemeanor violation under these rules well how can
[01:46:38.120 --> 01:46:45.560]  they waive this if I've never ever been with the ACA ever when ACA yeah that's
[01:46:45.560 --> 01:46:52.360]  their animal control Animal Control Authority okay so Randy are you saying
[01:46:52.360 --> 01:46:58.400]  that the Animal Control Authority find you and then waive the fine no I'm
[01:46:58.400 --> 01:47:04.920]  saying that the ACA is supposed to be the Travis County Health Human Services
[01:47:04.920 --> 01:47:09.000]  and Veterans Services and they're represented by the Travis County Health
[01:47:09.000 --> 01:47:16.600]  Authority and they're called the ACA now they're assisted by the county sheriff
[01:47:16.600 --> 01:47:22.560]  okay so an enforcement officer would be somebody in the ACA or the county
[01:47:22.560 --> 01:47:30.280]  sheriff well the the citation was issued by a constable the ACA has never
[01:47:30.280 --> 01:47:36.040]  appeared as far as I know it to me personally nor have they required that I
[01:47:36.040 --> 01:47:40.880]  come in about this misdemeanor that supposedly I committed okay wait a minute
[01:47:40.880 --> 01:47:48.200]  wait a minute Randy hold on the constable issued you the citation but now
[01:47:48.200 --> 01:47:53.400]  I'm starting to wonder if this is a criminal or civil citation because
[01:47:53.400 --> 01:48:02.680]  generally constables only deliver service in civil matters so is this a
[01:48:02.680 --> 01:48:10.880]  civil or a criminal citation do you know well it's supposed to I mean here's the
[01:48:10.880 --> 01:48:17.080]  other thing under the notice to appear they call this a fail slash refuse
[01:48:17.080 --> 01:48:23.000]  restrain cat slash dog the only thing I can find in the Travis County
[01:48:23.000 --> 01:48:29.480]  regulations is this chapter 52 governing animal control they don't talk about a
[01:48:29.480 --> 01:48:35.280]  cat in there ever so I have no real idea what it is that there wait yeah but this
[01:48:35.280 --> 01:48:42.920]  paper animal women dogs slash cat yeah it's just falling under a certain
[01:48:42.920 --> 01:48:50.000]  category but but but okay look Randy and I'm talking to the caller it doesn't
[01:48:50.000 --> 01:48:56.480]  cite a specific statute or some kind of code violation on this piece of paper
[01:48:56.480 --> 01:49:03.440]  that this constable gave you it says loose dog that's it is there a statute
[01:49:03.440 --> 01:49:13.280]  that requires you to keep a dog in a fence area or on a leash this is it is
[01:49:13.280 --> 01:49:17.920]  the chapter 52 regulations Travis County is the only thing there and it's
[01:49:17.920 --> 01:49:26.680]  supposed to be what did it say it says that it's under the chapter 822 regulation
[01:49:26.680 --> 01:49:31.680]  of animals of the Texas Health and Safety Code in chapter 826 which
[01:49:31.680 --> 01:49:39.040]  relates to a rabies so they're saying this is a county violation of county
[01:49:39.040 --> 01:49:48.520]  statutes or county ordinance somehow not I mean this Austin municipal code
[01:49:48.520 --> 01:49:56.280]  correct and not a state and it and and this is not a state violation of some
[01:49:56.280 --> 01:50:03.280]  state statute this is strictly county yes okay who is pursuing you county or
[01:50:03.280 --> 01:50:09.440]  municipal he's saying county well it's the I'm assuming since it's at the JP
[01:50:09.440 --> 01:50:16.840]  court it's the county attorney it has to assume recently I was after Orange
[01:50:16.840 --> 01:50:30.440]  County California and in California the county was forbidden to enforce county
[01:50:30.440 --> 01:50:36.800]  ordinance in a municipality Randy are you need to look at are the who isn't who
[01:50:36.800 --> 01:50:43.120]  is trying to enforce an ordinance and in what jurisdiction are they trying to
[01:50:43.120 --> 01:50:48.280]  enforce is this inside the Austin city limits no it's only in Travis County I
[01:50:48.280 --> 01:50:52.520]  live outside this is okay so this is the king this is being pursued by the
[01:50:52.520 --> 01:50:57.760]  sheriff no it's not well who's pursuing it then the
[01:50:57.760 --> 01:51:04.000]  constable wrote the citation what constable where is the constable at the
[01:51:04.000 --> 01:51:09.600]  constable acting on behalf of home women precinct three he's a cut he's a county
[01:51:09.600 --> 01:51:16.320]  constable I don't know I mean he's the constable of precinct three which is
[01:51:16.320 --> 01:51:21.520]  just down over here off 71 a precinct three will be precinct three will be in
[01:51:21.520 --> 01:51:26.680]  accounting okay Randy this is what I want to ask you okay this ordinance or
[01:51:26.680 --> 01:51:33.000]  rule whatever they're claiming that you broke you need to look this up to see is
[01:51:33.000 --> 01:51:39.720]  this some kind of ordinance that was enacted into law by the County
[01:51:39.720 --> 01:51:45.560]  Commissioner's Court because the County Commissioner's Court is the only ruling
[01:51:45.560 --> 01:51:50.760]  authority in the county and the sheriff enforces that outside an incorporated
[01:51:50.760 --> 01:51:55.600]  area yes outside of an annexed municipality yes that's exactly what it
[01:51:55.600 --> 01:52:01.520]  is the County Commissioners passed this back in 2005 and they be they you know
[01:52:01.520 --> 01:52:05.240]  created this animal control authority that's under the Travis County Health
[01:52:05.240 --> 01:52:10.080]  and Human Services and they're you know to be assisted by the Travis County
[01:52:10.080 --> 01:52:14.920]  Sheriff's this ticket was issued by a constable from precinct three it's being
[01:52:14.920 --> 01:52:20.680]  prosecuted by the judge in precinct three I mean and there's no they don't
[01:52:20.680 --> 01:52:23.920]  mean the rules of regulations so I'm assuming this is what they're operating
[01:52:23.920 --> 01:52:27.280]  under but I don't know because they don't have anything in the record okay
[01:52:27.280 --> 01:52:32.680]  wait a minute hold on back up how can a judge prosecute a case the judge is
[01:52:32.680 --> 01:52:37.840]  supposed to be neutral wait a minute you say there's nothing in the record
[01:52:37.840 --> 01:52:43.640]  there the only thing I went down there they pull out this purple envelope in
[01:52:43.640 --> 01:52:49.000]  there is my notice there my motion to dismiss there's a copy of the citation
[01:52:49.000 --> 01:52:53.760]  and there's a copy of this this notice to appear that they sent me after I
[01:52:53.760 --> 01:52:59.600]  filed the motion to dismiss so there's no answer to you there's no answer to my
[01:52:59.600 --> 01:53:04.560]  thing there's there's writing on the front of this and the clerk told me that
[01:53:04.560 --> 01:53:08.880]  the judge said I'm dismissing this and entering a plea if not guilty and I
[01:53:08.880 --> 01:53:13.240]  there's no plea of guilty in the file I said so I want to I ask him I want to
[01:53:13.240 --> 01:53:16.320]  copy everything and I want to copy especially the front of this all these
[01:53:16.320 --> 01:53:21.360]  notes that you're supposedly working off of you said that the judge said he's
[01:53:21.360 --> 01:53:28.620]  dismissing this no that they're denying the motion to dismiss oh and entering a
[01:53:28.620 --> 01:53:34.960]  plea of not guilty okay on okay is this is this in the county court is this
[01:53:34.960 --> 01:53:39.720]  being heard in the county court of Travis County justice of the peace
[01:53:39.720 --> 01:53:48.400]  precinct three okay you filed a motion to dismiss correct the prosecutor failed
[01:53:48.400 --> 01:53:55.540]  to respond failed to object and the judge denied your motion to
[01:53:55.540 --> 01:54:03.240]  dismiss did you request a findings of fact and conclusions at law from the
[01:54:03.240 --> 01:54:11.880]  magistrate or from the municipal judge or whoever made this decision I just
[01:54:11.880 --> 01:54:16.840]  found out about this on Tuesday and called you guys because I was because I
[01:54:16.840 --> 01:54:21.040]  thought we're supposed to have a hearing good I was just doing research on
[01:54:21.040 --> 01:54:28.400]  findings of fact and conclusions at law in order for you to be able to appeal a
[01:54:28.400 --> 01:54:36.640]  judge's decision the judge has to show you what law he depended on to make his
[01:54:36.640 --> 01:54:43.800]  decision and the conclusion and the facts that he that were established in
[01:54:43.800 --> 01:54:51.360]  the court to which he applied these thoughts laws and the conclusions he
[01:54:51.360 --> 01:54:58.120]  came to he's required to provide those to you file a motion demanding findings
[01:54:58.120 --> 01:55:04.200]  of fact and conclusions at law do you know who the do you know who the
[01:55:04.200 --> 01:55:11.600]  prosecutor is Randy no demand there's there's no information in that and I
[01:55:11.600 --> 01:55:14.880]  have requested they give it to me and now they're telling me that you know
[01:55:14.880 --> 01:55:19.560]  this this writing on the front of this thing which supposedly has the you know
[01:55:19.560 --> 01:55:24.280]  the stuff from the judge telling the clerk that entered this plea even though
[01:55:24.280 --> 01:55:27.600]  there's no plea in the envelope there's something written on the front of this
[01:55:27.600 --> 01:55:31.760]  thing and then there's a this thing that you know written on there that the
[01:55:31.760 --> 01:55:35.600]  motion is denied and I said well I want to copy that so then the girl goes in
[01:55:35.600 --> 01:55:39.000]  the back and comes back out and goes well we may not be able to give that to
[01:55:39.000 --> 01:55:46.840]  you we'll have to discuss that call 9-1-1 yes 9-1-1 for violation of open
[01:55:46.840 --> 01:55:52.440]  records laws that always get no no no not not in violation of open records law
[01:55:52.440 --> 01:56:02.360]  violation of article 1.24 code of criminal procedure you see these are
[01:56:02.360 --> 01:56:07.640]  court records yeah but that's open no no court records do not fall under open
[01:56:07.640 --> 01:56:16.160]  records they fall under under not only constitution but constitution as
[01:56:16.160 --> 01:56:28.360]  stipulated in statute 1.24 says the all courts shall be public and if this is a
[01:56:28.360 --> 01:56:36.080]  municipal or justice of the Peace Court they fall under a special statute a
[01:56:36.080 --> 01:56:43.560]  county court district court can request a written can ask for a written request
[01:56:43.560 --> 01:56:50.680]  for for records of the court no one of they don't but they can under rule 12 of
[01:56:50.680 --> 01:57:00.560]  the rules court however 27.004 government code restricts a municipal
[01:57:00.560 --> 01:57:08.880]  court or justice court from making such a request what it says is the court shall
[01:57:08.880 --> 01:57:14.800]  make all records open for public inspection by all interested parties at
[01:57:14.800 --> 01:57:19.680]  all reasonable times and interested parties are defined by the Attorney
[01:57:19.680 --> 01:57:27.600]  General as any member of the public reasonable times as all as normal
[01:57:27.600 --> 01:57:34.840]  business hours so damn Randy you're good if it's listen listen there listeners
[01:57:34.840 --> 01:57:41.840]  he's not even reading from a piece of paper it's been a long day so I'm having
[01:57:41.840 --> 01:57:49.800]  to struggle to pull this out of my ancient brain but 27.004 you see it's
[01:57:49.800 --> 01:57:54.640]  kind of subtle well do they have to give me a copy under that or just let me look
[01:57:54.640 --> 01:57:59.360]  at it look at you know if you ask for a copy they have to give it to you yeah
[01:57:59.360 --> 01:58:05.140]  but they can charge you but they have to they have to give me they made me they
[01:58:05.140 --> 01:58:09.520]  have to give you this request in writing wait wait wait hold on hold on hold on
[01:58:09.520 --> 01:58:14.920]  hold on everybody go stop everybody stop we got 45 seconds left till midnight we
[01:58:14.920 --> 01:58:19.560]  got to wrap up the show we have Mike Jim and Matt we're gonna do an extended
[01:58:19.560 --> 01:58:24.240]  version of a show okay but I have to but I have to wrap it up right now because
[01:58:24.240 --> 01:58:29.920]  of that because of the FM strange so listen Randy Mike you guys please hold
[01:58:29.920 --> 01:58:35.480]  please hold on the line because we are going to continue the show for another
[01:58:35.480 --> 01:58:41.120]  half hour or so but but we have to I got to take it out right now okay very
[01:58:41.120 --> 01:58:46.480]  quickly under rule 12 they can't ask for a written a
[01:58:46.480 --> 01:58:53.760]  request JP or municipal court okay listen Randy Mike and Jim please guys
[01:58:53.760 --> 01:58:59.840]  hold on hold on the line we'll be right back up to the short break
[01:59:10.400 --> 01:59:15.240]  old prices are at historic highs and with the recent pullback this is a great
[01:59:15.240 --> 01:59:19.520]  time to buy with the value of the dollar risks of inflation geopolitical
[01:59:19.520 --> 01:59:23.640]  uncertainties and instability in world financial systems I see gold going up
[01:59:23.640 --> 01:59:28.240]  much higher hi I'm Tim Fry at Roberts and Roberts brokerage everybody should
[01:59:28.240 --> 01:59:32.120]  have some of their assets in investment grade precious metals and Roberts and
[01:59:32.120 --> 01:59:35.720]  Roberts brokerage you can buy gold silver and platinum with confidence from
[01:59:35.720 --> 01:59:40.620]  a brokerage that specialized in the precious metals market since 1977 if you
[01:59:40.620 --> 01:59:44.040]  are new to precious metals we will happily provide you with the information
[01:59:44.040 --> 01:59:47.560]  you need to make an informed decision whether or not you choose to purchase
[01:59:47.560 --> 01:59:51.880]  from us also Roberts and Roberts brokerage values your privacy and will
[01:59:51.880 --> 01:59:55.120]  always advise you in the event that we would be required to report any
[01:59:55.120 --> 01:59:59.440]  transaction if you have gold silver platinum you'd like to sell we can
[01:59:59.440 --> 02:00:23.120]  convert it for immediate payment call us at 800-850-8000