ROL_2009-05-29_16k_Hr3-4.timecode
[00:00.000 --> 00:12.320] Gold hit $970 an ounce Friday for the first time since February as traders bought the
[00:12.320 --> 00:15.560] metal as a hedge against the weak dollar.
[00:15.560 --> 00:21.160] The Global Humanitarian Forum warns climate change is a silent crisis that is killing
[00:21.160 --> 00:23.840] 300,000 people a year.
[00:23.840 --> 00:30.280] Our UN Secretary General Kofi Annan said migration of people from newly uninhabitable areas is
[00:30.280 --> 00:35.040] an issue that needs to be addressed by the UN Security Council.
[00:35.040 --> 00:40.760] Staged photos lifted from pornographic websites reporting to be images of US troops raping
[00:40.760 --> 00:53.520] female detainees at Abu Ghraib are circulating at the height of the torture scandal.
[00:53.520 --> 00:58.600] The United Auto Workers Union has ratified a package of concessions designed to reduce
[00:58.600 --> 01:00.760] General Motors labour costs.
[01:00.760 --> 01:07.840] UAW President Ron Getelfinger said Friday 74% of GM's 54,000 production and skilled
[01:07.840 --> 01:10.600] trade workers voted in favour.
[01:10.600 --> 01:17.240] The vote came before an expected Chapter 11 bankruptcy protection filing by GM on Monday.
[01:17.240 --> 01:21.560] Bankruptcy experts say having the labour agreement in place will help move the process through
[01:21.560 --> 01:22.560] court quicker.
[01:22.560 --> 01:28.120] The UAW says the cuts will save GM $1.2 billion a year.
[01:28.120 --> 01:34.160] UAW leaders agreed to the revised contract last week that freezes wages, ends bonuses,
[01:34.160 --> 01:39.360] eliminates non-competitive work rules and ends the possibility of a strike until the
[01:39.360 --> 01:44.640] next contract expires in 2015.
[01:44.640 --> 01:49.320] A Pennsylvania defence contractor who got millions of dollars in Congressional earmarks
[01:49.320 --> 01:55.480] from Representative John Murta has been blocked from doing business with the Navy amid allegations
[01:55.480 --> 01:56.800] of fraud.
[01:56.800 --> 02:01.800] Details of the suspension surfaced Friday as another Democrat who serves on the Murta
[02:01.800 --> 02:07.840] chaired House Appropriations Subcommittee on Defence, Representative Pete Visklosky,
[02:07.840 --> 02:13.580] was subpoenaed in a Justice Department criminal investigation involving a lobbying firm with
[02:13.580 --> 02:16.520] strong links to Murta and Visklosky.
[02:16.520 --> 02:22.760] A federal grand jury subpoenaed records relating to a firm known as PMA Group from Visklosky's
[02:22.760 --> 02:28.480] Congressional Office, his campaign committees and from some of Visklosky's employees.
[02:28.480 --> 02:34.800] In recent months, FBI agents raided PMA and the suspended Pennsylvania defence contractor
[02:34.800 --> 02:37.080] Kuchera Defence Systems.
[02:37.080 --> 02:43.080] Over the past two years, Murta has secured $14 million in earmarks for Kuchera to perform
[02:43.080 --> 02:44.800] work for the military.
[02:44.800 --> 02:51.800] In the last two years, Murta has directed $78 million in earmarks to clients of PMA.
[03:15.800 --> 03:22.800] I remember when, I remember, I remember when I lost my mind, there was something so terrible
[03:28.800 --> 03:35.800] about that place, even your emotions had an echo in so much space. And when you're out
[03:35.800 --> 03:42.800] there, without fear, yeah I was out of touch, but it wasn't because I didn't know enough,
[03:47.800 --> 03:51.800] I just knew too much.
[03:51.800 --> 04:06.800] Cause that makes me crazy, cause that makes me crazy, cause that makes me crazy.
[04:06.800 --> 04:24.800] I believe in all that you have in the time of your life, but think twice, that's my only
[04:24.800 --> 04:37.800] advice. Come on now, who do you, who do you, who do you think you are? Ha ha ha, like your
[04:37.800 --> 04:50.800] soul, you really think you're in control? Well, I think you're crazy, I think you're
[04:50.800 --> 05:07.800] crazy, I think you're crazy, just like you. My heroes have gone to the land I want to
[05:07.800 --> 05:22.800] live, and all I remember is thinking I want to be like them. Never since I was little,
[05:22.800 --> 05:37.800] never since I was little have I liked fun, and there's no coincidence I've come, cause
[05:37.800 --> 05:41.800] I can die when I'm done.
[05:41.800 --> 06:01.800] Maybe you're crazy, maybe we're crazy, I believe.
[06:01.800 --> 06:06.800] Alright, we are back. The Rule of Law, Randy Kelton and Deborah Stevens. We're here with
[06:06.800 --> 06:15.800] Eddie Craig and John, and I'm playing some of my favorite tunes tonight. Taking a little
[06:15.800 --> 06:22.800] break from my own music here. Alright, we're talking about training programs, the police
[06:22.800 --> 06:29.800] training programs, and Randy, the thing is, I see where you're coming from, where you're
[06:29.800 --> 06:35.800] saying, well if we just kick them hard enough, then they'll figure it out, how to train
[06:35.800 --> 06:44.800] the police the right way, and it'll all sort itself out. If this, if the states and the
[06:44.800 --> 06:51.800] local municipalities were left up to their own devices, I think that what you're saying
[06:51.800 --> 06:56.800] could possibly happen, even though it would be inefficient if we didn't proactively take
[06:56.800 --> 07:01.800] control of the training programs. But see, the thing is, that's not what's going on.
[07:01.800 --> 07:08.800] These training programs and the people that run them, they're not just bumbling and stumbling
[07:08.800 --> 07:14.800] around trying to figure things out or just doing things the most efficient or easiest
[07:14.800 --> 07:20.800] way for them. That's not what's happening. What's happening is that there's a very aggressive,
[07:20.800 --> 07:30.800] sinister force with a lot of money that has infiltrated our police, alright, with these
[07:30.800 --> 07:36.800] very aggressive training programs. This is coming down from the federal government and
[07:36.800 --> 07:45.800] those who are trying to institute global government, okay? These people are not messing around.
[07:45.800 --> 07:51.800] They mean serious business, alright? These training programs are not just bumbling, like
[07:51.800 --> 07:56.800] I said, it's not just some haphazard thing like maybe the prosecutor is just doing things
[07:56.800 --> 08:01.800] like you're saying how it happened where they break all these laws and all these steps from
[08:01.800 --> 08:06.800] arrest to trial and the prosecutor is just doing things the way is easiest for him.
[08:06.800 --> 08:12.800] In that case, that may be true, okay? But that's not what's going on with these training programs.
[08:12.800 --> 08:21.800] These people are murderers, okay? Total murdering thieves and they mean us nothing but harm
[08:21.800 --> 08:26.800] and ultimately to completely control us and even to wipe out 80% of the population.
[08:26.800 --> 08:30.800] I mean this is admitted. They admit it, okay? And they have taken control of the training
[08:30.800 --> 08:39.800] programs of our local police and we have got to wrestle back control of our local police
[08:39.800 --> 08:45.800] training or else I don't see how we're going to stand a chance against these globalist
[08:45.800 --> 08:51.800] pigs, alright? I don't think any local police training program should have anything to do
[08:51.800 --> 08:56.800] with the federal government at all. I don't want the feds giving them money, okay?
[08:56.800 --> 09:01.800] I don't want the feds coming in and saying anything about how our local police are trained.
[09:01.800 --> 09:06.800] Get out, okay? This is none of the feds' business, alright?
[09:06.800 --> 09:11.800] We're inside the state and this is a local municipality law enforcement business.
[09:11.800 --> 09:16.800] The federal government has no right, no authority whatsoever, okay?
[09:16.800 --> 09:19.800] We don't want their money. We don't want them telling us what to do.
[09:19.800 --> 09:25.800] And we sure, damn well sure do not want the globalists, okay?
[09:25.800 --> 09:30.800] World government people coming in and training our police, okay?
[09:30.800 --> 09:35.800] Because that's what is happening, alright? So I just had to make that comment.
[09:35.800 --> 09:40.800] This is very serious. These training programs, we have got to get control of the training
[09:40.800 --> 09:43.800] programs or else I don't see how we're going to stand a chance against these new
[09:43.800 --> 09:46.800] old order globalist pigs, alright?
[09:46.800 --> 09:54.800] So with that rant, I'm going to go back to John now who is talking about FEMA stuff.
[09:54.800 --> 09:59.800] Now John, you see, and this is the kind of thing, this is exactly the kind of thing that
[09:59.800 --> 10:04.800] I'm talking about. Now you weren't a local municipal police, alright?
[10:04.800 --> 10:06.800] No, I was state.
[10:06.800 --> 10:11.800] I'm sorry, you were state, okay. Well I still don't think that, you know, state or local,
[10:11.800 --> 10:14.800] you know, they shouldn't even have anything to do with FEMA or the feds.
[10:14.800 --> 10:17.800] But please tell us your experience.
[10:17.800 --> 10:21.800] Okay, well I danced with the feds quite a lot, Deborah.
[10:21.800 --> 10:23.800] I took most of my cases federal.
[10:23.800 --> 10:30.800] I had more relationship with federal agencies than I did with other state agencies, oddly enough.
[10:30.800 --> 10:44.800] Now after 9-11 everything changed and it changed dramatically with the creation of the
[10:44.800 --> 10:52.800] Department of Homeland Security which basically put about 18 different agencies under
[10:52.800 --> 10:54.800] one control authority.
[10:54.800 --> 10:57.800] Yeah, yeah, and just, I just wanted to make this one quick comment.
[10:57.800 --> 11:02.800] This is why my mission is to expose 9-11 truth.
[11:02.800 --> 11:05.800] What really happened because it's total fraud, total inside job.
[11:05.800 --> 11:07.800] We've proven it over and over and over again.
[11:07.800 --> 11:10.800] The evidence is so overwhelmingly insurmountable.
[11:10.800 --> 11:14.800] It's just, it's outrageous, okay.
[11:14.800 --> 11:19.800] And all the crap that they're pulling is based on 9-11.
[11:19.800 --> 11:21.800] Oh, we're in a post-9-11 world.
[11:21.800 --> 11:25.800] Oh, we have to institute all this Homeland Security and all this stuff and we have to take away
[11:25.800 --> 11:28.800] all your rights and the Patriot Act and blah, blah, blah, blah, okay.
[11:28.800 --> 11:32.800] All because, oh, we have to keep you safe because terrorists, because 9-11.
[11:32.800 --> 11:33.800] Well, you know what?
[11:33.800 --> 11:37.800] If that's their cornerstone, I'm going to yank it right out from underneath them, all right?
[11:37.800 --> 11:42.800] Yeah, they could never have instituted the Department of Homeland Slavery without that event.
[11:42.800 --> 11:43.800] No way, no way.
[11:43.800 --> 11:44.800] And you know what?
[11:44.800 --> 11:51.800] Now the architects and engineers for 9-11 truth, I think it's getting upwards to almost 700
[11:51.800 --> 12:00.800] licensed, degreed architects and engineers, professionals that are saying, uh-uh,
[12:00.800 --> 12:02.800] the official story is a fraud.
[12:02.800 --> 12:06.800] There's no way those buildings could have come down the way the government says, all right?
[12:06.800 --> 12:08.800] So anyway, I'm sorry.
[12:08.800 --> 12:12.800] Please continue, John, the Homeland Security, all the agencies under one umbrella.
[12:12.800 --> 12:14.800] I know it's totally ridiculous.
[12:14.800 --> 12:18.800] Well, the other thing too, all right, you had the Patriot Act,
[12:18.800 --> 12:27.800] which built upon the FISA Act of 1977, the Foreign Intelligence Surveillance Act,
[12:27.800 --> 12:30.800] which was actually brought through in the Carter administration.
[12:30.800 --> 12:34.800] And then you had Patriot Act, and you know, Patriot 1 and 2,
[12:34.800 --> 12:38.800] and then a whole slew of executive orders.
[12:38.800 --> 12:44.800] And the first time I knew that we were in trouble, and I remember this day,
[12:44.800 --> 12:48.800] listen, I can actually picture it in my mind right now talking to you,
[12:48.800 --> 12:52.800] was when John Ashcroft got on national TV and said,
[12:52.800 --> 12:57.800] now we're going to use the Patriot Act to go after pornographers.
[12:57.800 --> 13:02.800] Well, I knew at that point that they're going to use the Patriot Act
[13:02.800 --> 13:06.800] to go after anything that can make fit in it.
[13:06.800 --> 13:13.800] Oh, in fact, I think there's some clause in the Patriot Act where they're trying to say that any,
[13:13.800 --> 13:19.800] if you break any law at all, even like at the state level, okay, misdemeanors and such,
[13:19.800 --> 13:23.800] that's considered terrorism, all right?
[13:23.800 --> 13:24.800] This is retarded, okay?
[13:24.800 --> 13:25.800] It's ridiculous.
[13:25.800 --> 13:27.800] We cannot allow this.
[13:27.800 --> 13:28.800] And it's being applied.
[13:28.800 --> 13:37.800] Now, and that's the lead up into, I was in a FEMA training session, okay,
[13:37.800 --> 13:43.800] and I had the FEMA instructors, and they had a segment on terrorism,
[13:43.800 --> 13:46.800] and they were talking about, and they were talking how the instructor goes,
[13:46.800 --> 13:52.800] and Columbine was a terrorist act, an act of terrorism.
[13:52.800 --> 13:59.800] And I'm like, no, tragic, yes, terrorist, no.
[13:59.800 --> 14:05.800] I said we had two deranged children who walked in and committed mass murder.
[14:05.800 --> 14:06.800] It's a murder.
[14:06.800 --> 14:08.800] We're probably on psychotropic drugs too.
[14:08.800 --> 14:12.800] Whatever, but it wasn't an act of terrorism.
[14:12.800 --> 14:13.800] It was an act of murder.
[14:13.800 --> 14:14.800] Exactly.
[14:14.800 --> 14:19.800] And she argued with me to the point of I almost,
[14:19.800 --> 14:25.800] I came within a hair's breadth of getting thrown out of that classroom.
[14:25.800 --> 14:32.800] And I, you know, and then afterwards I had all these officers coming up to me go,
[14:32.800 --> 14:36.800] I agree with you, man, I'm with you, you know, that's not terrorism.
[14:36.800 --> 14:41.800] And so, but that's what I.
[14:41.800 --> 14:42.800] Well, that's encouraging.
[14:42.800 --> 14:43.800] That's very encouraging.
[14:43.800 --> 14:49.800] Now, with regard to training, I don't know how you know how Feds are trained.
[14:49.800 --> 14:54.800] There's a natural, there's two training, three training facilities in essence.
[14:54.800 --> 14:59.800] There's the Federal Law Enforcement Training Center known as FLECTI.
[14:59.800 --> 15:02.800] The main one is in Glencoe, Georgia.
[15:02.800 --> 15:04.800] And I've been out there a few times.
[15:04.800 --> 15:08.800] It's actually a really cool place.
[15:08.800 --> 15:16.800] And all the federal agencies with the exception of DEA and FBI train at this facility.
[15:16.800 --> 15:23.800] And the level of instruction there is outstanding.
[15:23.800 --> 15:28.800] The instructors, they're professional, very professional training.
[15:28.800 --> 15:34.800] And people are there for upwards to eight months in training,
[15:34.800 --> 15:37.800] depending on which agency you're with.
[15:37.800 --> 15:40.800] And like Customs, for example, they do six months,
[15:40.800 --> 15:45.800] and then there's an additional two months of training they do.
[15:45.800 --> 15:49.800] And the other one's in Artesia, New Mexico, which you don't want to go to.
[15:49.800 --> 15:54.800] And then, you know, obviously the FBI Academy in Quantico.
[15:54.800 --> 16:03.800] And the thing about these agencies is that they all have a unique culture unto themselves.
[16:03.800 --> 16:05.800] And different people go to different agencies.
[16:05.800 --> 16:09.800] And the agencies recruit different types of people.
[16:09.800 --> 16:19.800] And so I guess where I'm going with this, when you look at what's happening now,
[16:19.800 --> 16:24.800] and today's, we have a lot of returning vets.
[16:24.800 --> 16:30.800] And how many times have you heard a veteran or a guy over in Afghanistan or Iraq saying,
[16:30.800 --> 16:35.800] yeah, and when I come back I'm going to join the police?
[16:35.800 --> 16:36.800] Okay.
[16:36.800 --> 16:38.800] Pretty scary.
[16:38.800 --> 16:47.800] And this guy is dispensed two tours, three tours, four tours, all right, waging war.
[16:47.800 --> 16:58.800] And when you talk about the militarization of the police force as men, women of my age,
[16:58.800 --> 17:05.800] my age start to retire and step out, these are the guys replacing us.
[17:05.800 --> 17:07.800] Okay.
[17:07.800 --> 17:13.800] And they weren't tempered like they were in the coming out of the Vietnam War
[17:13.800 --> 17:21.800] where there was a disillusionment and maybe we can change society and do some things and do good.
[17:21.800 --> 17:27.800] Here they're coming out and it's like, man, I enjoy busting heads and kicking doors down.
[17:27.800 --> 17:29.800] Yeah, that's very scary.
[17:29.800 --> 17:37.800] And if you look at, and I still get the equipment catalogs and if we ever all get together,
[17:37.800 --> 17:42.800] I'll show you these things, it'll blow your mind of what's available.
[17:42.800 --> 17:47.800] I mean, my God, if you look at an average APD officer on the street,
[17:47.800 --> 17:49.800] look how well-armed he is.
[17:49.800 --> 17:51.800] He has body armor.
[17:51.800 --> 17:53.800] He has a taser.
[17:53.800 --> 17:57.800] He has a baton, you know, or an asper or a mantis.
[17:57.800 --> 17:59.800] He has pepper spray.
[17:59.800 --> 18:05.800] He has a nine-millimeter, okay, with three clips, one in, two back, okay.
[18:05.800 --> 18:08.800] He's got handcuffs.
[18:08.800 --> 18:10.800] He's got special boots.
[18:10.800 --> 18:11.800] He's got gloves.
[18:11.800 --> 18:14.800] He's got the shade, okay.
[18:14.800 --> 18:16.800] And an M4 in his car.
[18:16.800 --> 18:21.800] Yeah, in the trunk we got shotguns and M4s and ARs, okay.
[18:21.800 --> 18:25.800] This guy is ready for battle.
[18:25.800 --> 18:30.800] I mean, he's got battle rattle, okay.
[18:30.800 --> 18:32.800] Battle rattle.
[18:32.800 --> 18:34.800] Yeah.
[18:34.800 --> 18:35.800] That's what we call it.
[18:35.800 --> 18:40.800] When we used to suit up, we would suit up in your battle rattle, okay,
[18:40.800 --> 18:42.800] because you rattle.
[18:42.800 --> 18:44.800] You got so much gear hanging on you.
[18:44.800 --> 18:52.800] You got smoke grenades and you got this and you got that and stun and everything.
[18:52.800 --> 18:54.800] You know, it's insanity.
[18:54.800 --> 18:56.800] To do what?
[18:56.800 --> 18:59.800] Jaywalking?
[18:59.800 --> 19:01.800] Yeah, you know.
[19:01.800 --> 19:05.800] Maybe Jaywalking in Mogadishu is that tough, but not in downtown Austin.
[19:05.800 --> 19:07.800] Crazy.
[19:07.800 --> 19:11.800] I mean, do you all, am I making a, are you all under?
[19:11.800 --> 19:14.800] I know exactly.
[19:14.800 --> 19:16.800] Yeah, we're on the same page, John.
[19:16.800 --> 19:19.800] I had a friend who was a retired police officer,
[19:19.800 --> 19:28.800] and he told me that he never once had to pull his service revolver in his 20-year career.
[19:28.800 --> 19:31.800] Well, see, I didn't even have a gun.
[19:31.800 --> 19:35.800] You know, that was the big joke in my office.
[19:35.800 --> 19:37.800] It was real funny.
[19:37.800 --> 19:45.800] Under General Cornyn, Attorney General Cornyn, John Cornyn, now Senator Cornyn,
[19:45.800 --> 19:52.800] there only used to be five commissioned officers in the attorney general,
[19:52.800 --> 19:58.800] and they were basically internal affairs, IA,
[19:58.800 --> 20:03.800] and also served as the general's bodyguard security team.
[20:03.800 --> 20:11.800] And then they opened it up, and we started hiring all these police officers,
[20:11.800 --> 20:19.800] a few Texas Rangers, a few Feds, and we got an FBI guy as the director
[20:19.800 --> 20:22.800] and an FBI guy as our chief investigator,
[20:22.800 --> 20:27.800] and they only know how to do things like the FBI does things, okay?
[20:27.800 --> 20:39.800] And we had gone from a little 40-person unit that was a national award-winning unit, guys.
[20:39.800 --> 20:47.800] We had won national acclaim award for our work in fraud detection.
[20:47.800 --> 20:53.800] And if I can posture, Randy, I love that, and you taught me that one.
[20:53.800 --> 20:57.800] Let me posture for a moment.
[20:57.800 --> 21:03.800] What drove me into Medicaid fraud was it allowed me to get into a field I had interest in,
[21:03.800 --> 21:10.800] but I got to level the playing field because I firmly believe that just because you're poor
[21:10.800 --> 21:14.800] does not mean you're entitled to poor health care.
[21:14.800 --> 21:18.800] And a lot of the doctors and a lot of the people who are out committing fraud
[21:18.800 --> 21:21.800] are doing damage to their patients.
[21:21.800 --> 21:22.800] Yeah, really.
[21:22.800 --> 21:28.800] And when I take that person off the street, it's not like a dope dealer where 30 seconds later
[21:28.800 --> 21:31.800] a new one's going to pop up on the corner.
[21:31.800 --> 21:33.800] That asset's been removed.
[21:33.800 --> 21:35.800] Yeah, really.
[21:35.800 --> 21:40.800] And also, I say as a state, if you think the biggest case I ever did,
[21:40.800 --> 21:44.800] a single provider case, was 8 million in Medicaid fraud over 36 months.
[21:44.800 --> 21:48.800] Ooh.
[21:48.800 --> 21:51.800] That's a lot of claims.
[21:51.800 --> 21:52.800] Wow.
[21:52.800 --> 21:54.800] And I'm surprised no one picked it up, but 8 million.
[21:54.800 --> 21:57.800] This guy right then, 8 million bucks.
[21:57.800 --> 22:00.800] Now, if he did this for another 36 months,
[22:00.800 --> 22:05.800] that's another 8 million dollars in fraud that you and I and everyone else have paid for.
[22:05.800 --> 22:07.800] Yep.
[22:07.800 --> 22:11.800] And that's why I got into the business.
[22:11.800 --> 22:15.800] Plus, also, no two cases are ever the same,
[22:15.800 --> 22:20.800] and the challenge of going after these guys because they're very educated people.
[22:20.800 --> 22:22.800] Yeah.
[22:22.800 --> 22:26.800] And so anyway.
[22:26.800 --> 22:29.800] That's excellent, John, very.
[22:29.800 --> 22:34.800] But that's why I got into the business, and I enjoyed it.
[22:34.800 --> 22:35.800] I loved it.
[22:35.800 --> 22:36.800] I still love it.
[22:36.800 --> 22:39.800] Well, John, would you like to take a few calls?
[22:39.800 --> 22:41.800] We've got a bunch of callers.
[22:41.800 --> 22:42.800] No, I'm sorry.
[22:42.800 --> 22:43.800] Oh, no, no.
[22:43.800 --> 22:44.800] You're our guest.
[22:44.800 --> 22:45.800] It's okay.
[22:45.800 --> 22:47.800] We'd like to hear your experience.
[22:47.800 --> 22:50.800] I just wanted to try to take some of these calls because they're stacking up
[22:50.800 --> 22:53.800] and they've been waiting for a while.
[22:53.800 --> 22:57.800] I'm going to go to – we've got Dan Real calling in.
[22:57.800 --> 22:58.800] All right.
[22:58.800 --> 22:59.800] I'm going to go to Ted in Texas.
[22:59.800 --> 23:02.800] He was first on the list.
[23:02.800 --> 23:03.800] Ted, thank you for calling in.
[23:03.800 --> 23:06.800] What is your question or comment for our guest?
[23:06.800 --> 23:07.800] Hi.
[23:07.800 --> 23:08.800] Thanks for taking my call.
[23:08.800 --> 23:09.800] I really enjoy your show.
[23:09.800 --> 23:10.800] I'm enjoying the music tonight, too.
[23:10.800 --> 23:13.800] Oh, thanks.
[23:13.800 --> 23:18.800] I guess – I don't know if my comments or questions are relevant or not
[23:18.800 --> 23:20.800] or a little off topic in a way.
[23:20.800 --> 23:22.800] I got a little chemtrail story.
[23:22.800 --> 23:25.800] I can tell you, but if you don't – I don't want to hear that, that's fine.
[23:25.800 --> 23:32.800] But I was curious about public intoxication laws in Texas or –
[23:32.800 --> 23:34.800] What do you want to know?
[23:34.800 --> 23:35.800] Well –
[23:35.800 --> 23:37.800] He's an expert.
[23:37.800 --> 23:40.800] Obviously, you know, obviously I know that, you know, you get pulled over,
[23:40.800 --> 23:44.800] you're publicly intoxicated, you're in big trouble, but just like –
[23:44.800 --> 23:47.800] Well, that's a DUI, not public intoxication.
[23:47.800 --> 23:48.800] Yeah.
[23:48.800 --> 23:53.800] So that's why I want to – what does a cop define as public intoxication?
[23:53.800 --> 24:01.800] I mean, walking around and stumbling on 6th Street or doing a tailgate party at a –
[24:01.800 --> 24:05.800] you know, at a concert or a football game or what?
[24:05.800 --> 24:08.800] I can honestly tell you it depends on what kind of mood he's in
[24:08.800 --> 24:11.800] and what he feels like harassing somebody over.
[24:11.800 --> 24:16.800] The public intoxication statute in Texas specifically requires
[24:16.800 --> 24:19.800] that a person can only be charged with public intoxication
[24:19.800 --> 24:25.800] if that person presents an immediate danger to themselves or to others.
[24:25.800 --> 24:28.800] That is the only time they can be charged with public intoxication.
[24:28.800 --> 24:32.800] The simple fact that you walked out of a bar, tripped over the curb stone
[24:32.800 --> 24:36.800] and fell on your face does not constitute public intoxication
[24:36.800 --> 24:40.800] unless you weigh 800 pounds and fell on top of a group of people.
[24:40.800 --> 24:42.800] Or bumped into a cop.
[24:42.800 --> 24:45.800] Then Leon better be careful.
[24:45.800 --> 24:50.800] He's 6, 7 and 500 pounds. He could do that.
[24:50.800 --> 24:56.800] So I guess you just have to be – stay on your toes and don't get too wasted.
[24:56.800 --> 24:59.800] But, you know, I'm just like I said, I think it's just something that people,
[24:59.800 --> 25:04.800] the cops, some bad cops may try to abuse, you know, I don't know.
[25:04.800 --> 25:07.800] You're right.
[25:07.800 --> 25:10.800] The thing I'd advise you on is one, never party alone.
[25:10.800 --> 25:14.800] Two, always make sure there's at least one member of the party that's still sober
[25:14.800 --> 25:20.800] and can testify as to what was actually happening and be believable.
[25:20.800 --> 25:24.800] But it's just like the failure to identify rule they come up with in Texas
[25:24.800 --> 25:27.800] where they threaten you, if you don't give me your name,
[25:27.800 --> 25:31.800] I'm going to arrest you for failure to identify.
[25:31.800 --> 25:33.800] That's breaking the law.
[25:33.800 --> 25:37.800] The law specifically states that he can only arrest you for failure
[25:37.800 --> 25:42.800] or charge you with failure to identify if he has already lawfully arrested you
[25:42.800 --> 25:46.800] and you are refusing to give your name.
[25:46.800 --> 25:50.800] Otherwise, he cannot arrest you for refusing to do that.
[25:50.800 --> 25:55.800] Or if he is holding you under detention.
[25:55.800 --> 26:01.800] And detention requires articulatable cause.
[26:01.800 --> 26:04.800] Well, now that's not in the statute that I read.
[26:04.800 --> 26:05.800] It's in the statute.
[26:05.800 --> 26:07.800] I just read it recently.
[26:07.800 --> 26:09.800] That's kind of what I went through.
[26:09.800 --> 26:11.800] I had read it today.
[26:11.800 --> 26:16.800] The police officer was demanding my ID and I was asking him if I was under arrest
[26:16.800 --> 26:20.800] and wound up kissing concrete.
[26:20.800 --> 26:22.800] Well, you know, I'd be scared.
[26:22.800 --> 26:27.800] I mean, if the cop asked me for my ID, whatever the circumstances,
[26:27.800 --> 26:32.800] I would probably give it to him because I don't like conflict.
[26:32.800 --> 26:38.800] I did give him my ID, then he wanted my driver's license.
[26:38.800 --> 26:40.800] Yeah, but he wasn't driving was a problem.
[26:40.800 --> 26:45.800] Yeah, and see, the thing is, it shouldn't have to be that way.
[26:45.800 --> 26:50.800] But like John was saying, it's not a good idea to get in a fight with them
[26:50.800 --> 26:53.800] on the street like that.
[26:53.800 --> 26:57.800] You know, it's like we just cannot let it become,
[26:57.800 --> 27:01.800] and it is already heading that direction if not almost already here,
[27:01.800 --> 27:03.800] a show your papers society.
[27:03.800 --> 27:11.800] I mean, there is no law that requires us to identify ourselves
[27:11.800 --> 27:18.800] or show our ID to the police unless we have already been detained or arrested.
[27:18.800 --> 27:22.800] Then it is a crime to not identify yourself.
[27:22.800 --> 27:27.800] But they can't arrest us because we're not identifying ourselves, okay?
[27:27.800 --> 27:28.800] Yeah.
[27:28.800 --> 27:29.800] Here's the deal.
[27:29.800 --> 27:31.800] 3802 is failure to identify.
[27:31.800 --> 27:35.800] A person commits an offense if he intentionally refuses to give his name,
[27:35.800 --> 27:38.800] residence address, or date of birth to a peace officer
[27:38.800 --> 27:42.800] who has lawfully arrested the person and requested the information.
[27:42.800 --> 27:47.800] A person commits an offense if he intentionally gives a false or fictitious name,
[27:47.800 --> 27:53.800] residence address, or date of birth to a peace officer who has lawfully arrested the person,
[27:53.800 --> 27:57.800] lawfully detained the person, or requested the information from a person
[27:57.800 --> 28:02.800] that the peace officer has good cause to believe is a witness to a criminal offense.
[28:02.800 --> 28:05.800] Let me throw something out here if I may.
[28:05.800 --> 28:06.800] Guy?
[28:06.800 --> 28:07.800] Go ahead.
[28:07.800 --> 28:08.800] Yes.
[28:08.800 --> 28:09.800] Yeah.
[28:09.800 --> 28:13.800] Once again, this goes back to what I was talking about, engaging, okay?
[28:13.800 --> 28:19.800] Sometimes an officer will do that to engage you, to see just are you drunk?
[28:19.800 --> 28:25.800] What kind of are you on something to get into close proximity of you?
[28:25.800 --> 28:26.800] See how you handle yourself.
[28:26.800 --> 28:27.800] Are you fumbling?
[28:27.800 --> 28:29.800] Are you stumbling?
[28:29.800 --> 28:31.800] Things of this nature, okay?
[28:31.800 --> 28:34.800] That was set up.
[28:34.800 --> 28:36.800] I didn't say it wasn't.
[28:36.800 --> 28:37.800] No, I know.
[28:37.800 --> 28:38.800] I know.
[28:38.800 --> 28:44.800] But it's a way to come in and make contact and engagement.
[28:44.800 --> 28:49.800] Personally, my belief is, you know, pick your battles.
[28:49.800 --> 28:51.800] Show the guy the ID.
[28:51.800 --> 28:59.800] I mean, you know, if that's going to get you on down the road, okay,
[28:59.800 --> 29:01.800] I don't know how you all feel about that.
[29:01.800 --> 29:02.800] I agree 100%.
[29:02.800 --> 29:05.800] Pick your battles carefully.
[29:05.800 --> 29:08.800] I mean, to call her.
[29:08.800 --> 29:09.800] What was it, Ted?
[29:09.800 --> 29:10.800] Yes.
[29:10.800 --> 29:11.800] Yes, sir.
[29:11.800 --> 29:12.800] Yes, sir.
[29:12.800 --> 29:13.800] I love it.
[29:13.800 --> 29:19.800] Ted, you know, when you're out partying and you come out and you're smashed,
[29:19.800 --> 29:25.800] okay, and the cops, I mean, look, the cops are there to generate revenue.
[29:25.800 --> 29:26.800] Let's get down.
[29:26.800 --> 29:28.800] The cops are there to arrest people.
[29:28.800 --> 29:33.800] If you call the police, someone's going to get arrested.
[29:33.800 --> 29:34.800] All right?
[29:34.800 --> 29:36.800] They've got to feed the beast.
[29:36.800 --> 29:37.800] Yeah.
[29:37.800 --> 29:38.800] They've got to feed the system.
[29:38.800 --> 29:40.800] Feed the system, yeah.
[29:40.800 --> 29:41.800] Okay.
[29:41.800 --> 29:50.800] Now, your job, your job, my friend, is to not become so you're green.
[29:50.800 --> 29:53.800] Okay?
[29:53.800 --> 29:55.800] Your age is showing.
[29:55.800 --> 29:57.800] That's hilarious.
[29:57.800 --> 29:58.800] Well, thank you.
[29:58.800 --> 30:00.800] Sand green as people?
[30:00.800 --> 30:01.800] Yes, as people need.
[30:01.800 --> 30:02.800] Oh, boy.
[30:02.800 --> 30:04.800] Look at these young people today.
[30:04.800 --> 30:06.800] God, so young and so angry.
[30:06.800 --> 30:10.800] Damn that music.
[30:10.800 --> 30:13.800] But, you know, show the guy your ID.
[30:13.800 --> 30:15.800] Don't engage with him.
[30:15.800 --> 30:16.800] Okay?
[30:16.800 --> 30:18.800] And, you know, am I free?
[30:18.800 --> 30:22.800] And this is where, and once he hands you back, am I free to go now?
[30:22.800 --> 30:23.800] Yeah, go on.
[30:23.800 --> 30:24.800] Get out of here.
[30:24.800 --> 30:31.800] And, you know, go ahead and take off, you know, and don't puke on his duty boot.
[30:31.800 --> 30:34.800] And you should be okay, you know?
[30:34.800 --> 30:36.800] I wouldn't be the best move.
[30:36.800 --> 30:37.800] I did that in Florida.
[30:37.800 --> 30:39.800] I puked on a state trooper.
[30:39.800 --> 30:41.800] Oh, boy.
[30:41.800 --> 30:47.800] And in a car accident, they threw me in the back of his car, and the EMT was there.
[30:47.800 --> 30:49.800] And I looked at him and said, I'm going to be sick.
[30:49.800 --> 30:55.800] And he pushed my head right in the officer trooper moon's lap.
[30:55.800 --> 30:59.800] And I'd worked, I was a manager at a schlossy.
[30:59.800 --> 31:00.800] Oh, it was grim.
[31:00.800 --> 31:02.800] Oh, gosh.
[31:02.800 --> 31:03.800] All right.
[31:03.800 --> 31:08.800] I was on a beach in, a Dania Beach between Miami and Fort Lauderdale.
[31:08.800 --> 31:11.800] I had just got back from Vietnam.
[31:11.800 --> 31:15.800] And I had Harry with me, and he had just got drafted.
[31:15.800 --> 31:20.800] And another guy there who was just along for the ride, they got a gallon of orange juice
[31:20.800 --> 31:23.800] and a fifth of vodka and mixed it together.
[31:23.800 --> 31:26.800] And while they were putting up the tent, I drank it.
[31:26.800 --> 31:27.800] Good for you.
[31:27.800 --> 31:31.800] They got mad at me and took money out of my wallet and went and got more.
[31:31.800 --> 31:36.800] Well, I was heading down the beach to where there was supposed to be a beach party.
[31:36.800 --> 31:39.800] But the sand kept coming up and smashing me in the face.
[31:39.800 --> 31:44.800] And then all of a sudden, someone was holding me, shaking me, saying, you got to get off the beach.
[31:44.800 --> 31:47.800] And I opened my eyes and I saw this big badge.
[31:47.800 --> 31:49.800] And I said, blah.
[31:49.800 --> 31:50.800] Oh, boy.
[31:50.800 --> 31:56.800] He threw me down, and I was laying there thinking, he's got to go get on a clean blouse.
[31:56.800 --> 32:00.800] Come back here and kill me.
[32:00.800 --> 32:01.800] Okay.
[32:01.800 --> 32:02.800] Yeah.
[32:02.800 --> 32:03.800] Go ahead, John.
[32:03.800 --> 32:07.800] And we also have Dan and Mike on the line, too.
[32:07.800 --> 32:08.800] Let's get some callers.
[32:08.800 --> 32:09.800] I'm sorry.
[32:09.800 --> 32:11.800] Thanks for talking to me.
[32:11.800 --> 32:15.800] I got a real quick weird story for you if you want to hear it.
[32:15.800 --> 32:17.800] No more puke stories, though.
[32:17.800 --> 32:18.800] No.
[32:18.800 --> 32:28.800] Well, so I went to Phoenix a couple weekends ago to see the Ninja Tour, Nine Inch Nails and Jane's Addiction.
[32:28.800 --> 32:35.800] And I'm out there partying in the parking lot and looking around, watching the beautiful Arizona sunset.
[32:35.800 --> 32:37.800] Arizona has such a beautiful sunset.
[32:37.800 --> 32:43.800] When I look up in the sky, way up there, there's a jet that's flying, flying, flying.
[32:43.800 --> 32:45.800] And all of a sudden, it just kicks in.
[32:45.800 --> 32:51.800] And it was like, it was almost like a streak of black ink coming out from behind this jet.
[32:51.800 --> 32:54.800] And I was kind of, that's kind of gross.
[32:54.800 --> 32:58.800] It kind of made me feel a little sick to my stomach.
[32:58.800 --> 33:02.800] It's kind of like watching a squid go through the water shooting out ink.
[33:02.800 --> 33:03.800] I've never seen anything like that.
[33:03.800 --> 33:07.800] It could have been a trick of the light, maybe, with the sunset, but I don't know.
[33:07.800 --> 33:11.800] ArizonaSkyWatch.com and CaliforniaSkyWatch.com.
[33:11.800 --> 33:12.800] I've seen that before.
[33:12.800 --> 33:14.800] It is a trick of the light.
[33:14.800 --> 33:15.800] Yeah.
[33:15.800 --> 33:16.800] The sun gets in shadow.
[33:16.800 --> 33:21.800] I've seen contrails that all of a sudden turn black, and then they turn white again.
[33:21.800 --> 33:23.800] And I'm flying along, and I can see it.
[33:23.800 --> 33:28.800] And as I'm moving along, the black section's moving along with me.
[33:28.800 --> 33:37.800] It was clearly the way the light, something between the sun and where this was was shadowing it.
[33:37.800 --> 33:43.800] There could have been a cloud that I couldn't see that made the contrail look black.
[33:43.800 --> 33:44.800] Yeah.
[33:44.800 --> 33:45.800] Well, you know...
[33:45.800 --> 33:47.800] You've sucked up a really wayward buzzard.
[33:47.800 --> 33:54.800] My understanding about those things is that a contrail is actually water vapor.
[33:54.800 --> 34:02.800] And you should see it disappearing in the sky behind the plane, almost as fast as it's appearing.
[34:02.800 --> 34:03.800] Okay?
[34:03.800 --> 34:09.800] If it leaves a trail that stays there, that's not contrails.
[34:09.800 --> 34:10.800] No, that's not true.
[34:10.800 --> 34:11.800] That's chemtrails.
[34:11.800 --> 34:15.800] It'll turn to ice crystals, and depending on the nature...
[34:15.800 --> 34:16.800] No.
[34:16.800 --> 34:23.800] I'm talking about low-flying aircraft, not jets at 30K.
[34:23.800 --> 34:33.800] I'm talking about lower-flying aircraft that literally tic-tac-toe the sky with exact 90-degree angles.
[34:33.800 --> 34:35.800] It's insane.
[34:35.800 --> 34:39.800] This is definitely intentional weather modification.
[34:39.800 --> 34:41.800] I'm sure they're poisoning us.
[34:41.800 --> 34:42.800] God knows what.
[34:42.800 --> 34:43.800] Okay?
[34:43.800 --> 34:53.800] Well, if an aircraft leaves any trail behind it, if it's below 14,000 feet, there's something in the trail.
[34:53.800 --> 34:54.800] That's what I'm saying.
[34:54.800 --> 34:55.800] Okay.
[34:55.800 --> 34:56.800] All right.
[34:56.800 --> 34:58.800] Well, let's move on because the caller board is stacking up again.
[34:58.800 --> 34:59.800] Thank you, Ted.
[34:59.800 --> 35:00.800] Thank you all.
[35:00.800 --> 35:01.800] You all have a great night.
[35:01.800 --> 35:02.800] Okay.
[35:02.800 --> 35:07.800] We're going to go to Dan in Connecticut, and then we're going to go to Mike.
[35:07.800 --> 35:09.800] Okay, so callers, just hang on the line.
[35:09.800 --> 35:11.800] We're going to go to Dan first.
[35:11.800 --> 35:12.800] Hey, Dan.
[35:12.800 --> 35:13.800] Thanks for calling in.
[35:13.800 --> 35:14.800] What's on your mind tonight?
[35:14.800 --> 35:15.800] Oh, nothing much.
[35:15.800 --> 35:18.800] We've got a really fun convention going on tomorrow.
[35:18.800 --> 35:19.800] Okay.
[35:19.800 --> 35:20.800] Great.
[35:20.800 --> 35:22.800] Libertarian Party Convention in Connecticut.
[35:22.800 --> 35:28.800] It will be the first one streaming live, live video through the lpct.org website.
[35:28.800 --> 35:31.800] And you can actually follow us on Twitter as well.
[35:31.800 --> 35:37.800] And Peter Schiff is supposed to be announcing his intention to run tomorrow, if he's going to do it.
[35:37.800 --> 35:39.800] What's he going to run for?
[35:39.800 --> 35:46.800] The U.S. Senate against Chris Bankster Dodd and Rob the Water Board Simmons.
[35:46.800 --> 35:48.800] The Water Board?
[35:48.800 --> 35:50.800] Yeah, the Water Board.
[35:50.800 --> 35:51.800] This guy used to be a congressman.
[35:51.800 --> 35:57.800] And if Schiff is going to run, I've got a whole bunch of letters from Congressman Rob Simmons.
[35:57.800 --> 35:59.800] And I'm going to hand them over to him.
[35:59.800 --> 36:03.800] And they say, oh, yeah, well, we're going to find those WMDs.
[36:03.800 --> 36:04.800] I swear they're there.
[36:04.800 --> 36:08.800] And there's other letters included in that bunch.
[36:08.800 --> 36:11.800] I mean, I've got like 20-plus pages of it.
[36:11.800 --> 36:21.800] Most of it drivel, but a lot of them, you know, assert that, oh, yeah, well, we're not mistreating any of the detainees, I promise.
[36:21.800 --> 36:25.800] Water boarding's not mistreating.
[36:25.800 --> 36:26.800] It's not.
[36:26.800 --> 36:32.800] That's Islamic form of entertainment.
[36:32.800 --> 36:35.800] Yeah, I heard mention of Mr. Conron.
[36:35.800 --> 36:40.800] Simmons is one of the people that Conron's recruited to run.
[36:40.800 --> 36:51.800] Basically, the GOP strategy is recruit a bunch of people that are rhinos, Republican in name only, and hope for the best.
[36:51.800 --> 36:54.800] Does the rhino really help?
[36:54.800 --> 36:56.800] Not really.
[36:56.800 --> 36:57.800] I don't know.
[36:57.800 --> 37:02.800] I'm just looking at, you know, the Democratic Party, and, you know, they're pretty much the corporate party.
[37:02.800 --> 37:09.800] And the Republicans nowadays, I mean, it's just they're not even for the Republican platform with very few exceptions.
[37:09.800 --> 37:15.800] I mean, possibly only one in all cases, Ron Paul.
[37:15.800 --> 37:16.800] That's what I was thinking.
[37:16.800 --> 37:21.800] He was the only one that actually followed the Republican platform.
[37:21.800 --> 37:24.800] But, yeah, it should be fun tomorrow.
[37:24.800 --> 37:25.800] Excellent.
[37:25.800 --> 37:30.800] And Katherine Albrecht's going to be there, and she's also going to be on live video feed.
[37:30.800 --> 37:35.800] And Lieutenant Colonel Karen Kwiatkowski, I think.
[37:35.800 --> 37:36.800] Kwiatkowski.
[37:36.800 --> 37:38.800] Yes, I think I was mispronouncing that.
[37:38.800 --> 37:44.800] But she's also going to be doing a speech as well, and I think we're sold out.
[37:44.800 --> 37:45.800] Good.
[37:45.800 --> 37:46.800] Excellent.
[37:46.800 --> 37:50.800] All right, Dan, do you have anything else for us?
[37:50.800 --> 37:51.800] Nothing much aside from that.
[37:51.800 --> 37:56.800] I was just wondering if everything on your end worked out, if you got that email.
[37:56.800 --> 37:57.800] Oh, yes.
[37:57.800 --> 37:58.800] Thank you so much.
[37:58.800 --> 37:59.800] I appreciate that, Dan.
[37:59.800 --> 38:00.800] Okay.
[38:00.800 --> 38:01.800] Not a problem.
[38:01.800 --> 38:02.800] I just figured, you know.
[38:02.800 --> 38:03.800] Yes, thank you.
[38:03.800 --> 38:04.800] Yes.
[38:04.800 --> 38:05.800] Thanks for that email.
[38:05.800 --> 38:06.800] That was awesome.
[38:06.800 --> 38:07.800] Okay.
[38:07.800 --> 38:10.800] But you all have a good show, and I just figured I'd let you guys know.
[38:10.800 --> 38:14.800] And like I said, this is the first time we've done live video streaming, sold out.
[38:14.800 --> 38:17.800] We're actually being covered in major newspapers for a change on it.
[38:17.800 --> 38:22.800] So it should be very interesting, and we're going to have a lot of good people speaking.
[38:22.800 --> 38:23.800] Excellent.
[38:23.800 --> 38:24.800] All right.
[38:24.800 --> 38:27.800] Are you going to be covered by Saturday Night Live?
[38:27.800 --> 38:28.800] Well, that would be great.
[38:28.800 --> 38:30.800] The C-SPAN might show up.
[38:30.800 --> 38:34.800] They're not Saturday Night Live unless they're on the floor of the U.S. House of Representatives.
[38:34.800 --> 38:36.800] Oh, okay.
[38:36.800 --> 38:37.800] Okay.
[38:37.800 --> 38:39.800] That can be entertaining.
[38:39.800 --> 38:41.800] All right.
[38:41.800 --> 38:42.800] All right.
[38:42.800 --> 38:43.800] Thank you so much, Dan.
[38:43.800 --> 38:44.800] All right.
[38:44.800 --> 38:45.800] You all have a good show.
[38:45.800 --> 38:46.800] Talk to you later.
[38:46.800 --> 38:52.800] We're going to go now to Mike in Texas.
[38:52.800 --> 38:53.800] Hello?
[38:53.800 --> 38:54.800] Thanks for calling in, Mike.
[38:54.800 --> 38:58.800] Do you have a question or comment for us or for our guest?
[38:58.800 --> 38:59.800] Yeah.
[38:59.800 --> 39:04.800] Actually, I was calling in about some traffic tickets I had.
[39:04.800 --> 39:06.800] I didn't want to be rude, though.
[39:06.800 --> 39:16.800] The guest is just fascinating, very impressed with the guest.
[39:16.800 --> 39:18.800] I kind of did want to ask him a question.
[39:18.800 --> 39:19.800] Okay.
[39:19.800 --> 39:22.800] Go ahead.
[39:22.800 --> 39:31.800] Let's say a federal agent comes to your door and says, hey, I don't have a warrant or anything,
[39:31.800 --> 39:33.800] but I really want to search your place.
[39:33.800 --> 39:36.800] And if you don't, please search your place.
[39:36.800 --> 39:39.800] I'm going to go around and tell all your neighbors, you know,
[39:39.800 --> 39:44.800] just kind of what I feel like telling them and embarrass you.
[39:44.800 --> 39:50.800] Well, I learned from the Agenda 21, guys, any agent, especially federal agent,
[39:50.800 --> 39:54.800] or looks like what would appear to be a federal agent, comes to the door,
[39:54.800 --> 39:57.800] public servant questionnaire.
[39:57.800 --> 39:59.800] I hand him the public servant questionnaire.
[39:59.800 --> 40:04.800] It's all backed up by statute and case law and everything.
[40:04.800 --> 40:12.800] Before they get to know anything about you, Congress gets to know who they are, okay?
[40:12.800 --> 40:14.800] And you get to know who they are.
[40:14.800 --> 40:16.800] And it's a very extensive questionnaire.
[40:16.800 --> 40:19.800] And that usually stops them dead in their tracks.
[40:19.800 --> 40:26.800] And my policy is I've never had to use it, but I know I will when the census comes to my house, okay?
[40:26.800 --> 40:27.800] And I'm going to give it to them.
[40:27.800 --> 40:33.800] And they're going to have to respond in writing to the public servant questionnaire
[40:33.800 --> 40:37.800] before I'm even going to acknowledge them or answer the door to them ever again.
[40:37.800 --> 40:39.800] So that's the first thing I would do.
[40:39.800 --> 40:41.800] What do you say, John?
[40:41.800 --> 40:43.800] Mike, here's what I would do.
[40:43.800 --> 40:47.800] I'd ask him for credentials and a business card.
[40:47.800 --> 40:48.800] Right.
[40:48.800 --> 40:50.800] Get his business card.
[40:50.800 --> 40:53.800] Make sure his name matches his credentials.
[40:53.800 --> 40:54.800] Right?
[40:54.800 --> 40:55.800] Yeah.
[40:55.800 --> 40:57.800] And shut the door and lock it.
[40:57.800 --> 41:03.800] Then call his supervisor and file a complaint.
[41:03.800 --> 41:05.800] Love it.
[41:05.800 --> 41:07.800] My brother-in-law.
[41:07.800 --> 41:11.800] Is that a criminal offense?
[41:11.800 --> 41:12.800] No.
[41:12.800 --> 41:16.800] But let me put it to you this way.
[41:16.800 --> 41:22.800] When you talk to the supervisor, the FBI supervisor, and you have this guy's name,
[41:22.800 --> 41:28.800] saying that your next phone call is going to be to the local TV station
[41:28.800 --> 41:33.800] and that we'll get people out here, and if he starts saying stuff about me
[41:33.800 --> 41:38.800] and threatening me in this manner, okay, this isn't going to –
[41:38.800 --> 41:44.800] I'll fuck every news agency I can fuck if you don't want to deal with it.
[41:44.800 --> 41:51.800] Now, the question is – well, no, I was going to say why was he at your door?
[41:51.800 --> 41:55.800] Is this an actual thing or just theoretical?
[41:55.800 --> 41:56.800] Theoretical.
[41:56.800 --> 41:57.800] Okay.
[41:57.800 --> 41:58.800] I've got one that's actual.
[41:58.800 --> 41:59.800] Yeah, I've got it.
[41:59.800 --> 42:02.800] In February, two FBI agents showed up at my brother-in-law's house
[42:02.800 --> 42:05.800] and asked him if he knew me, and he said yes.
[42:05.800 --> 42:07.800] And my brother-in-law said, who are you?
[42:07.800 --> 42:08.800] And they said, we're the FBI.
[42:08.800 --> 42:10.800] I said, let me see his ID.
[42:10.800 --> 42:12.800] And they both gave him cards.
[42:12.800 --> 42:14.800] And that's exactly what he did.
[42:14.800 --> 42:18.800] He took the cards, closed the door, went in, called the FBI and told them,
[42:18.800 --> 42:24.800] I've got two yokels out here claiming they're FBI agents, and had them verify.
[42:24.800 --> 42:26.800] He goes back, opens the door.
[42:26.800 --> 42:28.800] What do you want?
[42:28.800 --> 42:30.800] They said, you know Randall Kelton?
[42:30.800 --> 42:32.800] Yes, I do.
[42:32.800 --> 42:35.800] Do you know what his politics are?
[42:35.800 --> 42:40.800] And my brother-in-law said, as far as I know, he doesn't have any politics.
[42:40.800 --> 42:42.800] But besides, why do you want to know?
[42:42.800 --> 42:47.800] And he said, one of the agents said, we're the ones asking the questions here, not you.
[42:47.800 --> 42:51.800] And my brother-in-law said, no, you're the guys getting the heck out of here,
[42:51.800 --> 42:53.800] and he slammed the door.
[42:53.800 --> 42:55.800] Perfect.
[42:55.800 --> 43:01.800] Now, let me jump in here for a minute, Randy.
[43:01.800 --> 43:05.800] Okay.
[43:05.800 --> 43:12.800] You know, everybody can fish, okay?
[43:12.800 --> 43:15.800] Obviously, the agents are fishing.
[43:15.800 --> 43:22.800] And depending on how adept a person is, you can sit there,
[43:22.800 --> 43:27.800] and by the questions they're asking, you know what I mean?
[43:27.800 --> 43:30.800] You can have your own little fishing expedition,
[43:30.800 --> 43:37.800] in that they could glean a lot of information, you know.
[43:37.800 --> 43:39.800] That's why I like the public servant questionnaire.
[43:39.800 --> 43:41.800] That way you don't even have to engage them.
[43:41.800 --> 43:43.800] No, they're not going to do paperwork.
[43:43.800 --> 43:45.800] They're going to pod that up and throw it away.
[43:45.800 --> 43:46.800] Well, of course they will.
[43:46.800 --> 43:51.800] But the whole point is that if they don't, I'm going to refuse to talk to them.
[43:51.800 --> 43:54.800] And they're required to fill that thing out before I...
[43:54.800 --> 44:01.800] See, if you really want to irritate them, just keep repeating their questions back to them.
[44:01.800 --> 44:05.800] Well, see, that's a tactic in court.
[44:05.800 --> 44:15.800] And that defense attorney will sit there and ask me a question, and then I'll sit there for a moment,
[44:15.800 --> 44:22.800] and I'll say, can you please repeat that to get myself more time to think of how I'm going to respond to that question.
[44:22.800 --> 44:32.800] And the other trick that an investigator will do is I'll ask you a multi-part question, okay?
[44:32.800 --> 44:37.800] I'll ask you three questions all at once, okay?
[44:37.800 --> 44:42.800] Only answer one part of the question.
[44:42.800 --> 44:45.800] Wow.
[44:45.800 --> 44:46.800] Huh?
[44:46.800 --> 44:48.800] That's great.
[44:48.800 --> 44:50.800] Only answer...
[44:50.800 --> 44:53.800] I'm going to give you a multi-part question.
[44:53.800 --> 44:59.800] Only answer one part of the question so that they have to keep coming back to you.
[44:59.800 --> 45:03.800] The other thing they try to do is impeach testimony.
[45:03.800 --> 45:06.800] Oh, wait, are you talking about in court?
[45:06.800 --> 45:07.800] Yes.
[45:07.800 --> 45:09.800] In court, that's multifarious.
[45:09.800 --> 45:10.800] Yes.
[45:10.800 --> 45:14.800] They're not supposed to ask a question, more than one question at one time.
[45:14.800 --> 45:17.800] That should get a multifarious objection.
[45:17.800 --> 45:20.800] Well, it happens, I mean.
[45:20.800 --> 45:28.800] But in an interrogation or interview, the other thing, I would ask you a multiple-part question.
[45:28.800 --> 45:30.800] Plus, I can lie to you.
[45:30.800 --> 45:33.800] I can just flat-out lie to you.
[45:33.800 --> 45:35.800] And that's a common tactic, too.
[45:35.800 --> 45:36.800] We're talking.
[45:36.800 --> 45:40.800] See, there's a school of thought, and you can get the books on it.
[45:40.800 --> 45:49.800] The Whitlanders, the whiskey school of interviewing and interrogation, okay?
[45:49.800 --> 45:52.800] Sounds more like the Foster Brooks School.
[45:52.800 --> 46:01.800] Now, this actually was developed by polygraphers and interviewing and detectives.
[46:01.800 --> 46:04.800] It's taught at the federal level.
[46:04.800 --> 46:08.800] It's taught at state agency level.
[46:08.800 --> 46:11.800] Many people subscribe to that school.
[46:11.800 --> 46:19.800] And basically, the premise of the school is to engage short-term memory
[46:19.800 --> 46:28.800] in order to trip and trigger in long-term memory when you're interviewing a witness, let's say, okay?
[46:28.800 --> 46:37.800] And you let them tell their story a couple of times before you ever ask a question, you know?
[46:37.800 --> 46:41.800] Can you be a little more specific on how this works?
[46:41.800 --> 46:43.800] You've got my interest.
[46:43.800 --> 46:45.800] Okay.
[46:45.800 --> 46:55.800] If I was interviewing you, Randy, let's say about a car you bought five years ago.
[46:55.800 --> 46:59.800] And I'd say, Mr. Kelton, do you remember a car you bought five years ago?
[46:59.800 --> 47:01.800] Oh, God.
[47:01.800 --> 47:03.800] You know, I got rid of it last year.
[47:03.800 --> 47:07.800] Oh, do you remember what time last year?
[47:07.800 --> 47:08.800] No, not necessarily.
[47:08.800 --> 47:11.800] Was it Easter, Christmas?
[47:11.800 --> 47:14.800] And see, I'll start bringing in things like that.
[47:14.800 --> 47:25.800] And I'm helping you trigger your short-term memory in order to get the long-term memory to come up.
[47:25.800 --> 47:30.800] Well, how do you do that with misinformation or with...
[47:30.800 --> 47:31.800] Disinformation?
[47:31.800 --> 47:34.800] Yeah, or lying to me.
[47:34.800 --> 47:38.800] Were the suspects lying to me or I'm lying to the suspect?
[47:38.800 --> 47:40.800] Well, you're lying to the suspect.
[47:40.800 --> 47:56.800] Okay, it would be like, Randy, wasn't it true that about like six months ago that you bought an AK-47 at a gun show?
[47:56.800 --> 48:02.800] No, no, that's not true at all, when in fact you had bought a shotgun.
[48:02.800 --> 48:03.800] Okay.
[48:03.800 --> 48:07.800] So you get me to say, oh, no, I didn't buy an AK-47.
[48:07.800 --> 48:09.800] I bought a shotgun.
[48:09.800 --> 48:10.800] Right.
[48:10.800 --> 48:12.800] Or how much dope do you have in your...
[48:12.800 --> 48:14.800] Do you have an ounce of dope in your...
[48:14.800 --> 48:16.800] We just weighed the dope out back.
[48:16.800 --> 48:18.800] You got two pounds of cocaine back there.
[48:18.800 --> 48:24.800] Oh, boy, I only had 86 grand.
[48:24.800 --> 48:27.800] I was actually reading a court case.
[48:27.800 --> 48:29.800] Did people really fall for that?
[48:29.800 --> 48:30.800] Yeah.
[48:30.800 --> 48:31.800] I read a court case.
[48:31.800 --> 48:37.800] I was reading, not a court case, I was reading, going through some case files.
[48:37.800 --> 48:46.800] And it's in the file where the policeman is in his statement that he pulled this person over and asked him if he had any...
[48:46.800 --> 48:51.800] Asked him if he had a bag of dope in his glove compartment.
[48:51.800 --> 48:56.800] He said, oh, no, I just got, I think he said a half an ounce under the seat.
[48:56.800 --> 48:57.800] It was in the statement.
[48:57.800 --> 48:59.800] I think he'd die.
[48:59.800 --> 49:01.800] I'll go you one better, Randy.
[49:01.800 --> 49:11.800] There's an actual video of a trooper has a guy pulled over telling him, you know, I kind of suspect that you've been involved in smoking marijuana tonight.
[49:11.800 --> 49:14.800] And the guy's going, oh, no, no, no, I ain't smoked any.
[49:14.800 --> 49:16.800] He goes, well, is there any marijuana in the vehicle?
[49:16.800 --> 49:18.800] No, no, not at all.
[49:18.800 --> 49:23.800] Well, maybe a couple of roaches in the ashtray, but I ain't smoked any tonight.
[49:23.800 --> 49:31.800] And the cop's standing there looking at him and he goes, well, let me explain to you why I believe there's been drugs involved tonight.
[49:31.800 --> 49:39.800] And he reaches up and pulls a rolled joint out from behind the guy's ear while he's standing there talking to the cop.
[49:39.800 --> 49:43.800] Oh, man. Oh, man.
[49:43.800 --> 49:45.800] No, that's Darwinism at work.
[49:45.800 --> 49:47.800] Yes, it is.
[49:47.800 --> 49:53.800] And the guy stands there going, oh, good job. That was great.
[49:53.800 --> 49:56.800] There's another thing I need to let you guys know about.
[49:56.800 --> 50:08.800] Now, in the federal system, if you're convicted, once you're convicted and sentenced and all this, they have a thing called a Rule 11 hearing to be called for.
[50:08.800 --> 50:11.800] And we call it Queen for a Day.
[50:11.800 --> 50:20.800] And it's basically where the suspect gets to come in and you get to talk to him about any and all different kinds of crimes he may have committed or been involved in.
[50:20.800 --> 50:28.800] And he gets to answer and none of it counts. It can't be used against him.
[50:28.800 --> 50:34.800] It's an informational unless it involves a violent crime.
[50:34.800 --> 50:40.800] So why would someone do that?
[50:40.800 --> 50:45.800] Game point for sentencing.
[50:45.800 --> 50:48.800] Okay. You know how to – I'll get into that in a minute.
[50:48.800 --> 50:52.800] But I had a situation, a doctor. Okay.
[50:52.800 --> 50:56.800] And he liked girls, young girls, very young girls.
[50:56.800 --> 51:05.800] And he had taken two underage girls up to Dallas, took them to a hotel, videotaped it.
[51:05.800 --> 51:10.800] They never videotaped themselves. No, no.
[51:10.800 --> 51:17.800] But we were never able to identify the victims from the videotape.
[51:17.800 --> 51:25.800] And anyway, the FBI agent was in there and he goes, did you have a sexual relation? Did you have a foreign case?
[51:25.800 --> 51:28.800] And he's being very formal.
[51:28.800 --> 51:32.800] And the prosecutor and I are sitting on the other side of the glass.
[51:32.800 --> 51:36.800] And he turned to me and goes, John, go in there and solve this.
[51:36.800 --> 51:40.800] And so I cruised in, sat down.
[51:40.800 --> 51:43.800] And I said to the doctor, Doc, let me get this straight.
[51:43.800 --> 51:46.800] You flew these two girls to Dallas.
[51:46.800 --> 51:49.800] You gave them $1,500. You gave them money for cocaine.
[51:49.800 --> 51:51.800] You sent them on the shopping street.
[51:51.800 --> 51:54.800] And you didn't not use the F word.
[51:54.800 --> 52:00.800] And he goes, no, I did and went into great detail.
[52:00.800 --> 52:08.800] And the FBI's attorney just put his head down on the table because the attorney had been coaching me that it was going to be kind of formal.
[52:08.800 --> 52:10.800] Oh, boy.
[52:10.800 --> 52:25.800] So language, getting down to someone's eye level, okay, is very, very important from the investigator, police officer, from the investigator angle.
[52:25.800 --> 52:27.800] Okay, I don't want to talk down to you.
[52:27.800 --> 52:29.800] I don't want to talk up to you.
[52:29.800 --> 52:32.800] I don't want to talk at you, directly to you.
[52:32.800 --> 52:38.800] And you never insult anyone from the neck down.
[52:38.800 --> 52:40.800] Okay.
[52:40.800 --> 52:49.800] And I've had doctors make confessions, you know.
[52:49.800 --> 52:51.800] And you just have to get in there.
[52:51.800 --> 52:57.800] And I mean, these are $8, $10, $12 sessions, you know.
[52:57.800 --> 53:07.800] You come out and, you know, you're just exhausted because it's very much a game of cat and mouse and wearing someone down
[53:07.800 --> 53:19.800] and working to get them to overcome the hurdles to tell you the truth, right?
[53:19.800 --> 53:30.800] The other thing, and don't ever be intimidated, I never walked into an interview without a file folder.
[53:30.800 --> 53:32.800] Whether there was anything in it or not?
[53:32.800 --> 53:34.800] No, I always had paper in it.
[53:34.800 --> 53:36.800] It might have been blank.
[53:36.800 --> 53:39.800] I just grabbed out a copier on the way there.
[53:39.800 --> 53:42.800] But I always walked in with a file folder.
[53:42.800 --> 53:45.800] And you've got to remember I'm doing white collar cases.
[53:45.800 --> 53:48.800] And I would always refer to that folder.
[53:48.800 --> 53:52.800] And I'd be like, Mr. Copier, I know what you did.
[53:52.800 --> 53:55.800] And I'll know when you're lying to me because I have it all right here.
[53:55.800 --> 54:01.800] I want to see if you're going to tell me the truth.
[54:01.800 --> 54:03.800] And then I shut up.
[54:03.800 --> 54:15.800] Well, John, why does the investigator want the person to tell them that if they did have the evidence against them?
[54:15.800 --> 54:16.800] You don't, Deborah.
[54:16.800 --> 54:18.800] You don't. It's a bluff.
[54:18.800 --> 54:21.800] You're just trying to get him to confess so that you don't have to build a case.
[54:21.800 --> 54:24.800] I'm playing poker.
[54:24.800 --> 54:26.800] Okay, now.
[54:26.800 --> 54:38.800] And I always did have some information that I would ask him questions that I knew the answer to just to see if he is lying to me.
[54:38.800 --> 54:39.800] Okay.
[54:39.800 --> 54:44.800] And I would just intersperse those questions throughout the interview session.
[54:44.800 --> 54:45.800] Okay.
[54:45.800 --> 54:52.800] Now, the difference between an interview and interrogation is the intensity.
[54:52.800 --> 54:54.800] Okay.
[54:54.800 --> 55:09.800] And where in an interview we're going to discuss, like we're discussing right now, the tone of voice, pleasantries, okay, the doctor is going to be referred to as Dr.
[55:09.800 --> 55:15.800] So-and-so. If you really want to upset a doctor, call them by their first name.
[55:15.800 --> 55:19.800] That's, you know, you belittle them, you insult them.
[55:19.800 --> 55:26.800] Right. And same with lawyers sometimes.
[55:26.800 --> 55:53.800] But the situation in there and an interrogation, and I mean, like, I've been in an FBI interrogation room, we call them the box, and literally the suspect's chair is two inches shorter than the chair that the agents fit in so that the agents are looming over them.
[55:53.800 --> 56:06.800] I mean, it sounds ridiculous. It is ridiculous, you know, and also lie detectors are used for intimidation purposes.
[56:06.800 --> 56:07.800] You know, where-
[56:07.800 --> 56:13.800] Would a lie detector lie about what he detected on the machine?
[56:13.800 --> 56:14.800] What now?
[56:14.800 --> 56:19.800] Would a lie- would an operator lie about what they detected on the machine?
[56:19.800 --> 56:23.800] No, I don't think, no.
[56:23.800 --> 56:30.800] But what we'll do is we'll put someone in on, yeah, okay, yes.
[56:30.800 --> 56:32.800] Yes, they would.
[56:32.800 --> 56:34.800] I take that back.
[56:34.800 --> 56:39.800] Because I have seen the operator turn around and go, you're lying.
[56:39.800 --> 56:43.800] Every question you said, you're lying.
[56:43.800 --> 56:51.800] And, you know, and then there's usually another agent all of a sudden comes in and then you're double-teamed.
[56:51.800 --> 56:55.800] That's when you know you're going into an interrogation phase.
[56:55.800 --> 56:57.800] A lot of double-teaming.
[56:57.800 --> 57:01.800] Do you use a technique where one speaks into one ear, another speaks into the other ear?
[57:01.800 --> 57:04.800] Never done that.
[57:04.800 --> 57:07.800] Okay.
[57:07.800 --> 57:16.800] Sometimes, probably the most devious technique I ever agreed to do is I worked with two younger agents
[57:16.800 --> 57:21.800] and I'd let them be like little terriers because the doctors are usually older,
[57:21.800 --> 57:26.800] and they would just nip at the doctor's heel for an hour.
[57:26.800 --> 57:34.800] And once the doctor started looking to me because I was older and had a little more gray in my hair,
[57:34.800 --> 57:38.800] he'd start looking at me and he'd start answering me.
[57:38.800 --> 57:41.800] Or he would start answering to me and not to them.
[57:41.800 --> 57:47.800] That's when I would send the boys out for a cup of coffee to go get us a cup of coffee.
[57:47.800 --> 57:57.800] And then I'd look at the doctor and say, Doc, well, I'm an older, you know, business is business.
[57:57.800 --> 58:02.800] And I'd get talking to him and I understand and I'd empathize with him.
[58:02.800 --> 58:05.800] I'm from a foreign country. I understand it's tough.
[58:05.800 --> 58:09.800] I lived overseas myself, blah, blah, blah, blah, blah.
[58:09.800 --> 58:15.800] And then I'd just launch into him just out of nowhere.
[58:15.800 --> 58:17.800] All right. Well, listen, we're going to break.
[58:17.800 --> 58:19.800] We're at the top of the hour here.
[58:19.800 --> 58:24.800] This is great information, John, and we also have many callers on the line.
[58:24.800 --> 58:28.800] So I'd like to take some calls when we get back on the other side. Is that all right?
[58:28.800 --> 58:29.800] Absolutely. Absolutely.
[58:29.800 --> 58:30.800] Okay, great.
[58:30.800 --> 58:35.800] Okay, we will be right back on the other side for a final hour of the rule of law.
[58:35.800 --> 58:39.800] And we're going to want questions that will sound like you're interrogating John.
[58:39.800 --> 59:07.800] Oh, boy. Okay, we will be right back.
[59:07.800 --> 59:22.800] All right.
[59:22.800 --> 59:37.800] All right.
[59:37.800 --> 01:00:04.800] You are listening to the rule of law radio network at ruleoflawradio.com.
[01:00:04.800 --> 01:00:22.800] Live free speech talk radio at its best.
[01:00:22.800 --> 01:00:34.800] The preacher man says it's the end of time and the Mississippi River, she's a gold drive.
[01:00:34.800 --> 01:00:45.800] The interest is up and the stock market's down and you're only getting mugged if you go downtown.
[01:00:45.800 --> 01:00:55.800] I live back in the woods, you see, a woman and the kids and the dogs and me.
[01:00:55.800 --> 01:01:02.800] I got a shotgun, a rifle and a four wheel drive and a country boy can't survive.
[01:01:02.800 --> 01:01:10.800] A country boy can't survive.
[01:01:10.800 --> 01:01:21.800] I can flower field all day long, I can catch catfish from dust till dawn.
[01:01:21.800 --> 01:01:32.800] We make our own whiskey and our own coke too, ain't too many things these old boys can't do.
[01:01:32.800 --> 01:01:39.800] We grow good old tomatoes and homemade wine and the country boy can't survive.
[01:01:39.800 --> 01:01:46.800] Country boy can't survive.
[01:01:46.800 --> 01:01:55.800] Because you can't drive us out and you can't make us run, those wooden moon boys raise own shotguns.
[01:01:55.800 --> 01:02:04.800] We say great, we say man, if you ain't into that, we don't give a damn.
[01:02:04.800 --> 01:02:15.800] We came from the West Virginia coal mines and the Rocky Mountains and the western skies.
[01:02:15.800 --> 01:02:21.800] And we can skin a buck, we can run a trot line and a country boy can't survive.
[01:02:21.800 --> 01:02:29.800] Country boy can't survive.
[01:02:29.800 --> 01:02:40.800] I had a good friend in New York City, he never called me by my name, just he'll kill him.
[01:02:40.800 --> 01:02:51.800] My grandpa taught me how to live off the land and he's talking to be a business man.
[01:02:51.800 --> 01:03:02.800] He used to send me pictures of the broadway nights and I'd send him some homemade wine.
[01:03:02.800 --> 01:03:13.800] But he was killed by a man with a switchblade knife for forty-three dollars, my friend lost his life.
[01:03:13.800 --> 01:03:23.800] I'd love to spit some beach nut in that dude's eyes and shoot him with my old forty-five cause a country boy can't survive.
[01:03:23.800 --> 01:03:31.800] Country boy can't survive.
[01:03:31.800 --> 01:03:39.800] Because you can't stop us out and you can't make us run, those wooden moon boys raise own shotguns.
[01:03:39.800 --> 01:03:48.800] We say great, we say man, you ain't in the back but don't give a damn.
[01:03:48.800 --> 01:04:00.800] River North, California and South Alabama and little towns all around this land.
[01:04:00.800 --> 01:04:09.800] We can scan a book and run a crop line and a country boy can't survive.
[01:04:09.800 --> 01:04:18.800] Country boy can't survive.
[01:04:18.800 --> 01:04:25.800] All right, country folks and city folks can survive.
[01:04:25.800 --> 01:04:28.800] Hank Williams Jr. there for you.
[01:04:28.800 --> 01:04:32.800] Okay, we are going to continue to go to our callers.
[01:04:32.800 --> 01:04:37.800] We're going to go now to Dwayne in Louisiana.
[01:04:37.800 --> 01:04:39.800] Hey, Dwayne, thanks for calling in.
[01:04:39.800 --> 01:04:41.800] You have a question or comment for our guest?
[01:04:41.800 --> 01:04:43.800] A comment, a couple of questions.
[01:04:43.800 --> 01:04:46.800] I got to eat to live.
[01:04:46.800 --> 01:04:48.800] I got to breathe to live.
[01:04:48.800 --> 01:04:50.800] I don't have to say a word to live.
[01:04:50.800 --> 01:04:57.800] So I have to listen to John on why on earth would I want to talk knowing what I now know.
[01:04:57.800 --> 01:04:58.800] Really?
[01:04:58.800 --> 01:05:03.800] And the other thing is about that statute that you have to identify yourself once you're arrested.
[01:05:03.800 --> 01:05:08.800] Well, that seems to me that's in direct conflict with Miranda that the moment I open my mouth,
[01:05:08.800 --> 01:05:11.800] anything I say can and will be used against me.
[01:05:11.800 --> 01:05:16.800] So I don't have to answer anything before or after I'm arrested.
[01:05:16.800 --> 01:05:18.800] Does that have some validity?
[01:05:18.800 --> 01:05:24.800] No, they've made it a statute that you have to identify yourself.
[01:05:24.800 --> 01:05:30.800] And the only way you could construe that to be used against you is if you're hiding your identity.
[01:05:30.800 --> 01:05:36.800] And if there's another me, if somebody's got my same name that may be AWOL in the military or something,
[01:05:36.800 --> 01:05:38.800] that could be used against me.
[01:05:38.800 --> 01:05:46.800] Yeah, but Randy, there's also case law in the federal courts that says a gangster does not have to identify himself
[01:05:46.800 --> 01:05:54.800] or talk about the crimes he's committed because it could tend to incriminate him.
[01:05:54.800 --> 01:06:00.800] And I don't know what they may use against me, so why do I have to tell them anything?
[01:06:00.800 --> 01:06:03.800] Even though they got a statute, they had a statute.
[01:06:03.800 --> 01:06:08.800] I couldn't ride on the back of the bus or the front of the bus if I was black, but that didn't mean it was legal.
[01:06:08.800 --> 01:06:18.800] Well, the problem is that they can prosecute you on the statute and you would have to get the statute overturned.
[01:06:18.800 --> 01:06:21.800] And that's a really big fight.
[01:06:21.800 --> 01:06:28.800] Unless you have a bunch of warrants out for you, it's about picking your best fight.
[01:06:28.800 --> 01:06:30.800] Okay, and I can agree with that.
[01:06:30.800 --> 01:06:39.800] I always identify myself first thing because I don't want them to start asking me questions.
[01:06:39.800 --> 01:06:46.800] And if they don't have probable cause, the only question they can ask is, who are you?
[01:06:46.800 --> 01:06:50.800] And if I don't answer that one, they're going to escalate.
[01:06:50.800 --> 01:06:57.800] So I just, first thing, especially, you know, I go into court and I like to bushwhack bailiffs.
[01:06:57.800 --> 01:07:05.800] And generally what I'll do is I'll call the bailiff over and I'll tell him, my name is Randall Kelton.
[01:07:05.800 --> 01:07:08.800] Inform the judge I have business with the court.
[01:07:08.800 --> 01:07:13.800] I tell him my name first so he asks me no questions.
[01:07:13.800 --> 01:07:17.800] He will ask me a question anyway, but now I can blow him off.
[01:07:17.800 --> 01:07:22.800] He will say, can I tell the judge the nature of the business?
[01:07:22.800 --> 01:07:27.800] No, you may not. I have business with the court and it's none of yours.
[01:07:27.800 --> 01:07:29.800] So I get to stop him right away.
[01:07:29.800 --> 01:07:31.800] He doesn't get to start asking questions.
[01:07:31.800 --> 01:07:32.800] Okay.
[01:07:32.800 --> 01:07:33.800] Randy.
[01:07:33.800 --> 01:07:34.800] Yes.
[01:07:34.800 --> 01:07:36.800] There's also another little minor practical.
[01:07:36.800 --> 01:07:42.800] Once you identify yourself, now once you've been arrested, you've gone missing,
[01:07:42.800 --> 01:07:45.800] your friends are wondering where you are at.
[01:07:45.800 --> 01:07:54.800] If they snap to and call the jail, they now know, you know, John and Randy are in the jail, you know,
[01:07:54.800 --> 01:08:00.800] because we identify ourselves as opposed to, you know, yeah, you don't identify yourself
[01:08:00.800 --> 01:08:06.800] and it takes a while for them to figure out who you are because they will figure out who you are.
[01:08:06.800 --> 01:08:18.800] Yeah, and I've never seen that particular issue as an issue that was at this time as important to fight.
[01:08:18.800 --> 01:08:22.800] I have a lot of really important things that I want to fight for.
[01:08:22.800 --> 01:08:23.800] Yeah.
[01:08:23.800 --> 01:08:30.800] And if that becomes important later, once we get the courts back, then we can take on these other issues.
[01:08:30.800 --> 01:08:35.800] Like I have a driver's license and I keep insurance and tags on my car.
[01:08:35.800 --> 01:08:45.800] Now, I've read the law and I've looked at what Eddie's put forth and it's clear that that's all commercial.
[01:08:45.800 --> 01:08:48.800] I don't want to be in that fight right now.
[01:08:48.800 --> 01:08:53.800] And I've heard a couple of other people say that too in other arenas, bigger fights.
[01:08:53.800 --> 01:08:54.800] Yeah.
[01:08:54.800 --> 01:08:57.800] There's no reason to get taken down and stop to take it off point.
[01:08:57.800 --> 01:09:02.800] I want to pick a fight that they have a, I have a lot of trouble winning.
[01:09:02.800 --> 01:09:03.800] Mm-hmm.
[01:09:03.800 --> 01:09:10.800] I want to pick, you know, I was in combat and one thing in combat, you don't pick fights you're going to lose.
[01:09:10.800 --> 01:09:13.800] Bad strategy, you only get to do that once.
[01:09:13.800 --> 01:09:20.800] Always have an exit strategy and look very careful at the battle you're going to get into.
[01:09:20.800 --> 01:09:32.800] If you win this battle, will the win be worth the resources you have to expend to win the battle?
[01:09:32.800 --> 01:09:38.800] Always you want to win the war and that goes to what is your intended outcome?
[01:09:38.800 --> 01:09:39.800] End result.
[01:09:39.800 --> 01:09:43.800] When you get to the end of the day, what are you trying to achieve?
[01:09:43.800 --> 01:09:44.800] Mm-hmm.
[01:09:44.800 --> 01:09:49.800] And no matter what they say to you, no matter what provocation they put in front of you,
[01:09:49.800 --> 01:09:55.800] if it's not going to lead you to your ultimate outcome, discipline yourself.
[01:09:55.800 --> 01:09:56.800] Don't go there.
[01:09:56.800 --> 01:09:57.800] Indeed.
[01:09:57.800 --> 01:10:02.800] And our color board is really starting to stack up now also.
[01:10:02.800 --> 01:10:05.800] Can I have one more or I can wait another night?
[01:10:05.800 --> 01:10:06.800] Go ahead.
[01:10:06.800 --> 01:10:07.800] Yeah, yeah, go ahead.
[01:10:07.800 --> 01:10:11.800] But we should, yeah, I want to try to move quickly.
[01:10:11.800 --> 01:10:20.800] The regulation you read, Eddie, about the officer being able to lawfully arrest you in the public intoxication,
[01:10:20.800 --> 01:10:23.800] the word I heard you say was lawfully.
[01:10:23.800 --> 01:10:24.800] All right.
[01:10:24.800 --> 01:10:30.800] So the understanding is law comes from God and then the common law emanates from that in the Ten Commandments.
[01:10:30.800 --> 01:10:31.800] No.
[01:10:31.800 --> 01:10:38.800] How can an officer who is under fiction, who can only enforce statutes, codes, and regulations
[01:10:38.800 --> 01:10:45.800] and operates under the color of law actually lawfully arrest somebody versus legally arrest somebody?
[01:10:45.800 --> 01:10:50.800] Well, you're still referring to a word used in the language.
[01:10:50.800 --> 01:10:58.800] Or just the fact that they said lawfully does not really give you a differentiation between God's law and man's law.
[01:10:58.800 --> 01:11:02.800] I just basically stated it as it reads.
[01:11:02.800 --> 01:11:06.800] Render unto Caesar.
[01:11:06.800 --> 01:11:12.800] Deal with man's law in man's forum.
[01:11:12.800 --> 01:11:15.800] Deal with God's law in God's forum.
[01:11:15.800 --> 01:11:20.800] I have a problem with trying to legislate morality.
[01:11:20.800 --> 01:11:26.800] That's God's form and you should deal with that issue between you and your God.
[01:11:26.800 --> 01:11:31.800] But man's law is between you and your next door neighbor.
[01:11:31.800 --> 01:11:36.800] And man's law should follow God's law, but it is not God's law.
[01:11:36.800 --> 01:11:37.800] No, it's not.
[01:11:37.800 --> 01:11:46.800] When we try to invoke God's law in court, they blow us out and we get real frustrated.
[01:11:46.800 --> 01:11:50.800] Well, I was going more for trying to make sure I'm starting to understand what you all were doing.
[01:11:50.800 --> 01:11:55.800] And the language has come back many times to being critical.
[01:11:55.800 --> 01:12:06.800] Yeah, I think Randy's summarization of his tactics here would simply be you render under Caesar until you get to play the part of Brutus.
[01:12:06.800 --> 01:12:07.800] Okay.
[01:12:07.800 --> 01:12:08.800] All right, thanks, Dwayne.
[01:12:08.800 --> 01:12:09.800] Okay.
[01:12:09.800 --> 01:12:15.800] And Mike called back in and then we're going to go to Charlie who's called in and hung up a few times.
[01:12:15.800 --> 01:12:28.800] So, Charlie, you're next, but I need to go back to Mike because he wasn't done asking his question on the previous segment and we kind of went off and moved on.
[01:12:28.800 --> 01:12:33.800] So, Mike, okay, what is your other question or comment?
[01:12:33.800 --> 01:12:45.800] Okay, I've been listening to you guys for a while and I've been kind of anxious to get involved in legal reform and that kind of thing.
[01:12:45.800 --> 01:12:58.800] And I know that you and Randy have said that tickets are a great way to get your feet wet, to start getting familiar.
[01:12:58.800 --> 01:13:04.800] And I've been pulled over several times, but they keep giving me warnings.
[01:13:04.800 --> 01:13:09.800] Well, recently they finally gave me a couple of tickets.
[01:13:09.800 --> 01:13:20.800] And I'm supposed to – I have like an arraignment on Monday and I just want to know what you guys think I should do.
[01:13:20.800 --> 01:13:21.800] Okay.
[01:13:21.800 --> 01:13:29.800] They're both non-moving violations. I got a ticket for no insurance and a ticket for not wearing my seat belt.
[01:13:29.800 --> 01:13:30.800] Okay.
[01:13:30.800 --> 01:13:32.800] Do you have insurance?
[01:13:32.800 --> 01:13:35.800] No.
[01:13:35.800 --> 01:13:39.800] Get it quickly within 10 days and then toss it.
[01:13:39.800 --> 01:13:41.800] That one, they'll kick you behind on that.
[01:13:41.800 --> 01:13:42.800] Oh, boy.
[01:13:42.800 --> 01:13:45.800] That one, they'll really sting you on.
[01:13:45.800 --> 01:13:46.800] Yeah.
[01:13:46.800 --> 01:13:55.800] So you get it and get it to them, 10 bucks and they'll drop it. That one I wouldn't fight if I could avoid because it will follow you a long time.
[01:13:55.800 --> 01:13:57.800] They'll really extract a lot of money from you for it.
[01:13:57.800 --> 01:14:02.800] But the seat belt ticket, first thing is look at what the ticket says.
[01:14:02.800 --> 01:14:03.800] Yeah.
[01:14:03.800 --> 01:14:07.800] Does it say you must appear on or before a certain date?
[01:14:07.800 --> 01:14:08.800] Yes.
[01:14:08.800 --> 01:14:11.800] Oh, yes, yes, yes, yes, yes.
[01:14:11.800 --> 01:14:19.800] Okay. Read 543.006 transportation code.
[01:14:19.800 --> 01:14:21.800] What is that?
[01:14:21.800 --> 01:14:24.800] 543.006.
[01:14:24.800 --> 01:14:34.800] Okay. Actually read 005 through 008. 007 doesn't apply. It applies to commercial drivers or guys.
[01:14:34.800 --> 01:14:37.800] Also, what county are you in?
[01:14:37.800 --> 01:14:40.800] I'm in Harris County.
[01:14:40.800 --> 01:14:41.800] Houston.
[01:14:41.800 --> 01:14:42.800] Yeah.
[01:14:42.800 --> 01:14:43.800] Okay.
[01:14:43.800 --> 01:14:46.800] Yeah, but this is like a South Houston talk, so it's like a suburb.
[01:14:46.800 --> 01:14:51.800] All right. But you're still in Harris County, which definitely has a criminal district court.
[01:14:51.800 --> 01:14:58.800] Therefore, 2.05 code of criminal procedure applies. There must be a misdemeanor filed in your case.
[01:14:58.800 --> 01:15:01.800] If there is not, the court does not have jurisdiction.
[01:15:01.800 --> 01:15:03.800] No, misdemeanor. Information.
[01:15:03.800 --> 01:15:04.800] Right.
[01:15:04.800 --> 01:15:21.800] There must be an information file. And 2.02 code of criminal procedure says who represents the state in what.
[01:15:21.800 --> 01:15:27.800] And the municipal attorney is not included.
[01:15:27.800 --> 01:15:36.800] The municipal attorney, and this is Eddie's find, a municipal attorney has no authority to enforce the state law.
[01:15:36.800 --> 01:15:40.800] Only district and county attorneys can do that.
[01:15:40.800 --> 01:15:41.800] Okay.
[01:15:41.800 --> 01:15:53.800] But the thing about 543.006, it states, it says that 5005 authorizes the police officer after arrest, and that's what the statute says.
[01:15:53.800 --> 01:15:57.800] To release you if you sign a promise to appear.
[01:15:57.800 --> 01:15:58.800] Okay.
[01:15:58.800 --> 01:16:01.800] The promise to appear gives them no subject matter jurisdiction.
[01:16:01.800 --> 01:16:10.800] It only allows the officer to be able to release you rather than take you directly to the nearest magistrate.
[01:16:10.800 --> 01:16:11.800] Right.
[01:16:11.800 --> 01:16:24.800] 006 of 5.06 says the citation must state a date to appear at least 10 days after the date of arrest.
[01:16:24.800 --> 01:16:31.800] And that's because you're required to get 10 days in which to file motions in your behalf.
[01:16:31.800 --> 01:16:39.800] It goes on to say the citation must state a date to appear before a magistrate.
[01:16:39.800 --> 01:16:44.800] If your citation says honor before, it violated both of those.
[01:16:44.800 --> 01:16:47.800] Then you go down to 008.
[01:16:47.800 --> 01:16:57.800] If an officer violates a provision of 5005 through 007, he's guilty of misconduct and subject to removal from office.
[01:16:57.800 --> 01:17:00.800] I've never seen that before.
[01:17:00.800 --> 01:17:07.800] Yeah, which will definitely work in your favor if you actually do have to appear in the court and question the officer.
[01:17:07.800 --> 01:17:13.800] The first thing you want to ask him is, officer, at what point did you place me under arrest?
[01:17:13.800 --> 01:17:17.800] Which also goes to my first two questions when they actually pull me over.
[01:17:17.800 --> 01:17:21.800] Am I under arrest and am I free to go?
[01:17:21.800 --> 01:17:24.800] He's going to answer no to both of those.
[01:17:24.800 --> 01:17:29.800] But if he never actually places you under arrest as that statute section requires,
[01:17:29.800 --> 01:17:33.800] and then he collects your signature on that ticket and releases you,
[01:17:33.800 --> 01:17:39.800] he has now officially committed misconduct in office and is disqualified as a witness.
[01:17:39.800 --> 01:17:43.800] Yes, and there's more. There's more to this.
[01:17:43.800 --> 01:17:54.800] You see, if he arrested you, he was required by 14.06 to take you directly to the nearest magistrate and explain himself.
[01:17:54.800 --> 01:17:55.800] Right.
[01:17:55.800 --> 01:18:02.800] But they said, well, you know, you can't write many tickets if you do that all day, so you can let him sign the ticket.
[01:18:02.800 --> 01:18:09.800] And what you do when you sign the ticket is you agree to take yourself before a magistrate.
[01:18:09.800 --> 01:18:16.800] You don't agree to go to some municipal court judge or to go to any judge.
[01:18:16.800 --> 01:18:21.800] You agree to take yourself before a magistrate.
[01:18:21.800 --> 01:18:30.800] Well, can I file a motion to dismiss on those grounds?
[01:18:30.800 --> 01:18:33.800] I have your email on this issue.
[01:18:33.800 --> 01:18:41.800] I will send you a stack of motions, which in Jerry Stevens' case, the attorney come in and said,
[01:18:41.800 --> 01:18:47.800] well, Mr. Stevens, that's a dandy little stack of motions you got there.
[01:18:47.800 --> 01:18:50.800] I'm going to send you a dandy little stack of motions.
[01:18:50.800 --> 01:18:55.800] Yeah, and make sure that you have a separate dismissal for each thing involved.
[01:18:55.800 --> 01:18:59.800] Don't put them all in one motion. Don't condense them. Keep them separate.
[01:18:59.800 --> 01:19:00.800] Okay.
[01:19:00.800 --> 01:19:07.800] I'll send you the motions and you file them separately for each criminal accusation.
[01:19:07.800 --> 01:19:14.800] Okay. Now, do I do this on Monday or do I just plead not guilty and say, hey, I need to sign?
[01:19:14.800 --> 01:19:15.800] Okay. Okay.
[01:19:15.800 --> 01:19:20.800] The first thing you want to do is ask the judge, what am I doing here?
[01:19:20.800 --> 01:19:21.800] Yeah.
[01:19:21.800 --> 01:19:24.800] What did you summon me here for?
[01:19:24.800 --> 01:19:31.800] Okay. Go online and do a search for Texas statutes. It'll get you the state site.
[01:19:31.800 --> 01:19:41.800] Go to Code of Criminal Procedure. Go to 28.01. Read that.
[01:19:41.800 --> 01:19:48.800] 28.01 tells the judge what he can summon you to court for.
[01:19:48.800 --> 01:19:49.800] Okay.
[01:19:49.800 --> 01:19:55.800] Just to print that out and have it in your hand and say, judge, this is exactly what I did in a county court.
[01:19:55.800 --> 01:19:57.800] What am I doing here?
[01:19:57.800 --> 01:19:58.800] Yeah.
[01:19:58.800 --> 01:20:06.800] You were summoned here for this case. Well, that's all well and good, but the summons doesn't tell me why I'm supposed to be here,
[01:20:06.800 --> 01:20:12.800] so I didn't know how to prepare for this hearing. What are you calling me to court for?
[01:20:12.800 --> 01:20:13.800] Yeah.
[01:20:13.800 --> 01:20:16.800] And she said, well, to come before the court.
[01:20:16.800 --> 01:20:22.800] I said, well, I was hoping for something more specific.
[01:20:22.800 --> 01:20:23.800] Yeah.
[01:20:23.800 --> 01:20:34.800] Like all those things listed in 28.01. And she said, she asked the clerk, do you have a Code of Criminal Procedure?
[01:20:34.800 --> 01:20:37.800] She said, I have one. And I gave her mine.
[01:20:37.800 --> 01:20:38.800] Yeah.
[01:20:38.800 --> 01:20:44.800] And I said, you know, I went down the list. I said, well, which one of these things have you summoned me to court for?
[01:20:44.800 --> 01:20:46.800] And she taught me not to do that.
[01:20:46.800 --> 01:20:47.800] Yeah.
[01:20:47.800 --> 01:20:50.800] Because I went down the list and one of them was arraignment.
[01:20:50.800 --> 01:20:51.800] Yeah.
[01:20:51.800 --> 01:21:04.800] What arraignment is in Texas is a hearing for the purpose of determining the identity of the accused and taking a plea.
[01:21:04.800 --> 01:21:12.800] If you have already went to the court, like you promised to do under your citation.
[01:21:12.800 --> 01:21:13.800] Yeah.
[01:21:13.800 --> 01:21:18.800] And the clerk is authorized to take a plea. If you gave him a plea, that's already been done.
[01:21:18.800 --> 01:21:23.800] Yeah. I haven't done that yet, though. I haven't given him a plea yet.
[01:21:23.800 --> 01:21:29.800] Well, when you go in, this is what I suggest you do. You say, I want to see the magistrate.
[01:21:29.800 --> 01:21:30.800] Yeah.
[01:21:30.800 --> 01:21:42.800] And when you see the magistrate, you hand the magistrate a criminal complaint against the officer for violating 543.006.
[01:21:42.800 --> 01:21:44.800] Wow. Okay.
[01:21:44.800 --> 01:21:52.800] Now, the judge is going to say, well, you have to give this to some police officer. You have to give it to the police department.
[01:21:52.800 --> 01:22:03.800] No, sir. I have to give this to some magistrate and you're the magistrate because you were summoned to appear before a magistrate, not a judge.
[01:22:03.800 --> 01:22:04.800] Right.
[01:22:04.800 --> 01:22:12.800] Now, he's a judge, but when you step before him, you invoke his duty as a magistrate.
[01:22:12.800 --> 01:22:22.800] And when you hand him that criminal complaint, he's going to refuse to take it. Now you file against him and you start rocking and rolling.
[01:22:22.800 --> 01:22:25.800] Yeah. You get him disqualified that way.
[01:22:25.800 --> 01:22:38.800] Now, also be aware that in almost every case these days, the first thing that the prosecutor attempts to do is to get the videotape from the police car brought up front, turned on, and shown to the jury.
[01:22:38.800 --> 01:22:55.800] Carefully study Article 38.22 of the Code of Criminal Procedure. It specifically states there that that recording is not admissible in court if you were not properly mirandized before the recording began.
[01:22:55.800 --> 01:22:58.800] Yeah.
[01:22:58.800 --> 01:23:06.800] I will send you a stack of motions, one of which will be a bona fides for the judge.
[01:23:06.800 --> 01:23:08.800] Okay.
[01:23:08.800 --> 01:23:14.800] Three, one will be to disqualify the police officer as a witness.
[01:23:14.800 --> 01:23:15.800] Right.
[01:23:15.800 --> 01:23:37.800] Article 38.23, when the police officer wrote the citation and ordered you to, where you agreed to come to court on or before a certain date, he violated the law relating to his office. Therefore, he became a trespasser from the beginning.
[01:23:37.800 --> 01:23:46.800] Article 38.23 forbids the court to consider any information he has. Therefore, they don't have a witness moved to dismiss.
[01:23:46.800 --> 01:23:47.800] Yeah.
[01:23:47.800 --> 01:23:51.800] Yeah, that includes his written testimony in the form of the ticket.
[01:23:51.800 --> 01:24:03.800] Now, let me ask you guys probably the most important question. How mad is the judge going to get? And is that going to come back on me?
[01:24:03.800 --> 01:24:07.800] Oh, I hope he gets mad. Get him to get mad.
[01:24:07.800 --> 01:24:29.800] The most fun I've ever had was in court when I asked a question from the DPS officer when he signed his last oath of office. Prosecutor objected. Judge sustained. I said, Your Honor, I have a right to test the veracity of the credibility of this witness.
[01:24:29.800 --> 01:24:34.800] The judge says, Mr. Kelton, this witness is credible. And just how did he become credible?
[01:24:34.800 --> 01:24:46.800] He's credible because I said he's credible. Is that so? Mr. Bailiff, did you hear that? Yes, Mr. Kelton, I did. Arrest that judge. Drag him down off that bench. Judge, you get off that bench or disqualified.
[01:24:46.800 --> 01:24:53.800] The judge jumps up and says, Clear the jury. Clear the jury.
[01:24:53.800 --> 01:25:07.800] That was a hoot. The judge is not allowed to testify from the bench nor is the judge allowed and barred, in fact, by law from addressing and speaking to any of the evidence presented, including witness testimony.
[01:25:07.800 --> 01:25:13.800] Wow. So you don't care how mad that judge gets. The madder he gets, the better for you.
[01:25:13.800 --> 01:25:27.800] This is what you think while you're standing in front of the court. Before you open your mouth, always think, how will this look before a grand jury of my peers?
[01:25:27.800 --> 01:25:35.800] Yeah. That will keep you out of trouble. Yeah. You want it to look good for you and bad for them.
[01:25:35.800 --> 01:25:44.800] Okay. What do you think the chances are that it will actually get dismissed? Very good. Yeah.
[01:25:44.800 --> 01:25:52.800] In Jerry's case, we were so tied up with other things we didn't follow through as much as I really wanted to, and I feel bad about that.
[01:25:52.800 --> 01:25:59.800] But I'm getting better. I'm getting the paperwork better. I normally don't do tickets, but now I've got Eddie Craig.
[01:25:59.800 --> 01:26:08.800] Yeah. Well, just remember that also that even if you lose at the municipal court level, it's not over. Demand your trial de novo.
[01:26:08.800 --> 01:26:17.800] You've already filed all the necessary motions and everything, you hope, and those can be refiled in the county court where it will get moved to.
[01:26:17.800 --> 01:26:27.800] That's a court of record. That judge there is way more likely to have to obey the law because everything he's doing is recorded. The municipal is not.
[01:26:27.800 --> 01:26:32.800] Okay. Do we really need to move on? Yeah, we need to move on because we have a lot of callers.
[01:26:32.800 --> 01:26:37.800] I mean, we've been going into overtime mode almost every week now. We may do that tonight.
[01:26:37.800 --> 01:26:47.800] But I'd like to do another show on traffic because I haven't been doing them on traffic because I didn't have Eddie Craig before, and he's got the law on traffic.
[01:26:47.800 --> 01:26:54.800] I'd like to do another show on traffic, and then we can go through this in more detail. We're kind of holding off all our other callers.
[01:26:54.800 --> 01:26:59.800] Hey, guys, thank you very, very much. I can't wait. This is going to be a blast.
[01:26:59.800 --> 01:27:04.800] Okay, great. Thank you, Mike. Okay. Thank you, and good night. All right. We're going to move on now.
[01:27:04.800 --> 01:27:12.800] We're going to go to Charlie in Illinois or Illinois, as some people may say. What's your question or comment for us or our guests?
[01:27:12.800 --> 01:27:19.800] A couple of weeks ago, I believe two or three weeks ago, a friend of mine, Christopher, called into your show.
[01:27:19.800 --> 01:27:30.800] Yes, sir. Okay. Christopher is in jail, and he got a letter out, and he wanted me to call you guys to let you know what was happening.
[01:27:30.800 --> 01:27:38.800] I don't know if you remember, but the last time that he spoke to you on the show, he said that he'd been sent a notice of a change of schedule.
[01:27:38.800 --> 01:27:44.800] His date was in August, but this change of schedule notice changed it to May 20th.
[01:27:44.800 --> 01:27:52.800] He went to the court on May 20th in Wheaton, and he ended up being cited for contempt and given two months in jail.
[01:27:52.800 --> 01:27:56.800] What did he do to get cited for contempt?
[01:27:56.800 --> 01:28:00.800] All I know is what he told his girlfriend. She has seen him once.
[01:28:00.800 --> 01:28:05.800] That's the only communication apart from a letter I got from him that didn't mention it, but it goes something like this.
[01:28:05.800 --> 01:28:10.800] He went there. He stood in front of the judge. The judge asked him what his name was.
[01:28:10.800 --> 01:28:17.800] He gave him his first name, and that was all he gave him. The judge asked for his surname, and he remained silent.
[01:28:17.800 --> 01:28:21.800] The judge asked several questions, and Christopher did not respond to any one of them.
[01:28:21.800 --> 01:28:32.800] Finally, the judge apparently gave him the option to respond to the questions or be cited for contempt, and Christopher didn't say anything, so he was cited for contempt and thrown into jail.
[01:28:32.800 --> 01:28:39.800] Okay. Here's the deal on contempt. He is screwed.
[01:28:39.800 --> 01:28:46.800] The judge can do that. That goes to the inherent power of the court.
[01:28:46.800 --> 01:28:52.800] A lot of people want to mess with the judge that way.
[01:28:52.800 --> 01:29:02.800] If the judge orders you to do something, do it. Object to it. Indicate that you don't do it voluntarily, but do it.
[01:29:02.800 --> 01:29:12.800] Do not give him an opportunity to cite you for contempt. If he cites you for contempt, make sure he has no cause to do it.
[01:29:12.800 --> 01:29:24.800] Then you can go directly for the judge himself. But in this case, he ordered him to do something, and giving the judge his last name would have caused no harm.
[01:29:24.800 --> 01:29:39.800] Pick your cards really carefully. Yeah, the only possible chance he would have to beat that is if he can prove that the court had no jurisdiction at all to begin with.
[01:29:39.800 --> 01:29:45.800] Ask him to write a letter to the judge of apology. He was misinformed by morons.
[01:29:45.800 --> 01:29:56.800] We're going to break. You can hold on to the other side, Charlie. We'll be right back. This is the rule of law.
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[01:31:15.800 --> 01:31:28.800] We're going to break. You can hold on to the other side, Charlie. We're going to break. You can hold on to the other side, Charlie. We're going to break.
[01:31:28.800 --> 01:31:46.800] We're going to break. You can hold on to the other side, Charlie. We're going to break. You can hold on to the other side, Charlie. We're going to break.
[01:31:46.800 --> 01:32:09.800] You can hold on to the other side, Charlie. We're going to break. You can hold on to the other side, Charlie. We're going to break.
[01:32:09.800 --> 01:32:24.800] We're going to break. You can hold on to the other side, Charlie. We're going to break. You can hold on to the other side, Charlie. We're going to break.
[01:32:24.800 --> 01:32:39.800] We're going to break. You can hold on to the other side, Charlie. We're going to break. You can hold on to the other side, Charlie. We're going to break.
[01:32:39.800 --> 01:32:54.800] You can hold on to the other side, Charlie. We're going to break. You can hold on to the other side, Charlie. We're going to break.
[01:32:54.800 --> 01:33:09.800] We're going to break. You can hold on to the other side, Charlie. We're going to break. You can hold on to the other side, Charlie.
[01:33:09.800 --> 01:33:24.800] We're going to break. You can hold on to the other side, Charlie. We're going to break. You can hold on to the other side, Charlie. We're going to break.
[01:33:24.800 --> 01:33:47.800] HIP HOP. We have a wide variety of genres and selection of music for you all tonight. Alright, we are speaking with Charlie in Illinois, and we decide on the break that we will go into overtime mode if we need to so we can finish taking all the calls.
[01:33:47.800 --> 01:33:56.440] Charlie, yeah, let me finish here. Here's the deal. He has John's trying to say. Go ahead, John.
[01:33:58.200 --> 01:34:05.400] Charlie. Yeah, this is John. Your friend is the American or is he from overseas?
[01:34:06.120 --> 01:34:13.320] Overseas. Okay. Here's what he needs to do. He needs to write a letter of apology to the judge
[01:34:13.320 --> 01:34:21.640] profusely apologetic. Say that because of bad information and cultural differences,
[01:34:21.640 --> 01:34:29.000] he was misinformed. He deeply apologizes and give him his name and whatever else the judge needs
[01:34:29.000 --> 01:34:35.960] and get him out of there. And that's it. That's it. Liberty is most important.
[01:34:36.760 --> 01:34:40.680] Right. Can I just interrupt you guys for one second? Because I think there's a couple of
[01:34:40.680 --> 01:34:47.560] things that you need to know. I listened to your show two weeks ago when Chris was on. So I know
[01:34:47.560 --> 01:34:54.360] that he mentioned that he filed some negative evidence. Yes. He's also filed some international
[01:34:54.360 --> 01:34:59.160] commercial claims and demands for payment. And one of the people that he filed against
[01:34:59.160 --> 01:35:04.200] is this particular judge. So this judge is, as it were, a defendant on these negative
[01:35:04.200 --> 01:35:11.240] evidence and on these filings. And this is the judge who cited him for contempt. He is disqualified.
[01:35:11.240 --> 01:35:16.600] One last thing. Also, you guys said at one point during the show that he should,
[01:35:17.320 --> 01:35:22.680] the judge violated due process because he testified from the bench. So on the 18th of May,
[01:35:23.240 --> 01:35:28.840] Chris issued a file that a man for disqualification of the judge. So when he stood in front of the
[01:35:28.840 --> 01:35:34.600] judge on May the 20th, this judge had all this in his mind, if you understand what I'm saying.
[01:35:34.600 --> 01:35:38.200] So I wanted to bring that up because this is the same judge that he would be writing
[01:35:38.200 --> 01:35:45.240] a profusepology to. Okay. Yes. Oh, geez. Okay. He should still write your profusepology
[01:35:46.440 --> 01:35:53.480] and get out of jail. That's most important. This is not about pride. It's about get out of jail
[01:35:53.480 --> 01:35:59.000] and then land on that judge like a ton of bricks. Yeah. And see, the whole thing with contempt is
[01:35:59.000 --> 01:36:06.120] that it really is up to the discretion, even Caprice, of the judge. This isn't like something
[01:36:06.120 --> 01:36:13.160] that we could file motions or try to do some legal paperwork to remedy. When you're in contempt,
[01:36:13.800 --> 01:36:20.040] you have to do whatever the judge is trying to get you to do or else you just don't get out of
[01:36:20.040 --> 01:36:28.120] jail. Okay. So it's not worth it. It is really not worth it. Yeah. But I'm afraid he's got more
[01:36:28.120 --> 01:36:35.480] problems. If a judge found him in contempt and put him in jail for two months after he's filed a
[01:36:35.480 --> 01:36:41.080] motion to disqualify the judge, I suspect that a letter is going to do no good. The judge is
[01:36:41.080 --> 01:36:45.480] trying to protect himself. Well, then how is he going to get out of jail? Mandamus.
[01:36:45.480 --> 01:36:52.440] This calls for writ of mandamus. The judge is disqualified. He has no subject matter jurisdiction,
[01:36:52.440 --> 01:37:01.800] period. Rather or not, the motion to disqualify is valid, makes no difference. When it's made,
[01:37:02.840 --> 01:37:08.200] the judge cannot rule on a motion to disqualify himself. He has to get it to another judge.
[01:37:08.920 --> 01:37:14.120] You need a writ of mandamus to the next higher court. Okay. He dropped off the line. I don't
[01:37:14.120 --> 01:37:20.920] know what happened. Hopefully he's listening. Yeah. Call back in if you like. Yeah. This will
[01:37:20.920 --> 01:37:31.240] require, he's in Illinois. Yes. He needs to look at Mandamus, find a practice guide, civil practice
[01:37:31.240 --> 01:37:38.840] guide for Illinois and prepare writ of mandamus. In Texas, it's the exact same rules for writ of
[01:37:38.840 --> 01:37:44.600] mandamus corpus. Follow with the court of appeals and ask them to order the judge to release him
[01:37:45.000 --> 01:37:52.920] and order the judge to stand down and follow the procedures required for disqualification.
[01:37:54.920 --> 01:38:01.080] Yeah. Because if the judge was arrogant enough to put him in jail for contempt after he has
[01:38:01.080 --> 01:38:06.840] a motion to disqualify, I don't think a letter is going to be any good at all. He needs to be
[01:38:06.840 --> 01:38:12.600] good at all. He needs to go for this judge's throat. Okay. All right. Well, let's move on
[01:38:12.600 --> 01:38:22.360] because he dropped off the line and Charlie, he's been calling and dropping off and calling back.
[01:38:24.360 --> 01:38:33.720] Well, no. I suspect that he's using an IP, voiceover IP long distance or something. Charlie,
[01:38:33.720 --> 01:38:41.000] if you have another phone you could call from that, that may help. Okay. There he is. We got
[01:38:41.000 --> 01:38:47.240] him back. Okay, Charlie. Yeah. Did you hear all that? Did you hear that talking about filing?
[01:38:47.880 --> 01:38:53.800] I didn't hear any of it except I heard you talking about writ of mandamus. But the other thing that
[01:38:53.800 --> 01:38:58.840] you need to know, apparently, as soon as he went to jail, he requested the contempt of court hearing
[01:38:58.840 --> 01:39:04.200] with a different judge, a habeas corpus hearing and an evidentiary hearing. And as of the 27th
[01:39:04.200 --> 01:39:12.600] two days ago, he had had no reply to any of it. Oh, gee. You're in Illinois? Yeah. Oh, I'm trying
[01:39:12.600 --> 01:39:22.440] to think. I don't have a contact in Illinois. Does Illinois law allow a third party to file mandam,
[01:39:22.440 --> 01:39:27.960] habeas corpus? I have no idea. Look that up. You need to look that up for your
[01:39:27.960 --> 01:39:34.360] for your friend. In Texas, anyone can file mandamus. A petition for writ of habeas corpus,
[01:39:34.360 --> 01:39:40.200] you mean? But in other states, only the person or his attorney can file. Does he have counsel?
[01:39:41.080 --> 01:39:47.640] No. He needs to petition for court appointed counsel. He won't do it. Tell him to do it.
[01:39:47.640 --> 01:39:55.800] I'll show him how to crucify his attorney. Okay. We put the attorney out of business
[01:39:55.800 --> 01:40:01.720] and force the attorney to go after the judge. Right. You start banging that bubba with
[01:40:02.760 --> 01:40:10.920] with bar grievances, it'll end his career. Sure. And he will have no option but to protect his
[01:40:10.920 --> 01:40:17.240] rights. This is how we win this one. Okay. Not by hammering the judges, but by getting counsel
[01:40:17.240 --> 01:40:22.920] and hammering counsel and getting counsel to hammer the judges. Okay. Is this Randy I'm talking to?
[01:40:22.920 --> 01:40:31.080] Yes. Can I email you later on this weekend? Absolutely. Okay. Because this phone keeps
[01:40:31.080 --> 01:40:35.400] dropping. And also, I know you've got a lot of other people who want to be able to talk,
[01:40:35.400 --> 01:40:40.440] so I can at least email you. Write me a narrative. Write me just a kind of
[01:40:40.440 --> 01:40:45.640] an outline of everything that's happened. Right. Because his girlfriend is going to go see him on
[01:40:45.640 --> 01:40:51.640] Sunday afternoon again. So if I email you tomorrow, could you maybe get back to me before Sunday
[01:40:51.640 --> 01:40:58.680] afternoon? Yes, I can. Thank you, sir. Okay. All right. Thank you, Charlie. Thank you.
[01:41:00.280 --> 01:41:08.120] Okay. We are going to go now to Jerry in Oregon. Thanks for calling in and thanks for holding so
[01:41:08.120 --> 01:41:13.080] patiently. What's on your mind tonight, Jerry? I mean, David. No, Jerry. Sorry. So many names
[01:41:13.080 --> 01:41:23.000] on the screen here. A great selection of music tonight. Thank you. Oh, you're welcome. You know,
[01:41:23.000 --> 01:41:29.720] I have a couple comments and maybe a question or two. You know, a lot of times when you're
[01:41:29.720 --> 01:41:35.080] out and about and you get pulled over, you're caught off guard. So you really don't know
[01:41:35.080 --> 01:41:44.600] exactly what steps to take. And you don't really know what home base is or what to resign yourself
[01:41:44.600 --> 01:41:52.440] with right up front. And I guess what I'm kind of wondering about is what are the little mile
[01:41:52.440 --> 01:42:00.200] markers that I myself could be aware of as I'm going through this process? Let's say I get a
[01:42:00.200 --> 01:42:12.520] ticket. The police officer is less than cordial with me. And he obviously wants to put the
[01:42:12.520 --> 01:42:19.480] handcuffs on me despite all of my best efforts. So what are the little mile markers is kind of
[01:42:19.480 --> 01:42:26.360] what I'm wondering about. Okay. That is a really good question because you're absolutely right.
[01:42:26.360 --> 01:42:33.000] The police officer does this all day, every day. He's very good at it. And most of us
[01:42:34.120 --> 01:42:39.720] very rarely get pulled over. So it's an unusual experience for us. We're not very good at it.
[01:42:40.920 --> 01:42:47.480] And policemen know that so they can manipulate us with it. But folks listening to the show
[01:42:48.040 --> 01:42:53.160] can have something else to use. When a policeman pulls me over and he's got attitude.
[01:42:53.160 --> 01:42:59.720] Yes, sir, Mr. Officer. No, sir, Mr. Officer. And I'm thinking you are not going to believe
[01:42:59.720 --> 01:43:05.720] how bad I'm going to kick your behind when we get done with this. We're not going to do it out here
[01:43:05.720 --> 01:43:11.880] on the highway. But when I get done with your chief of police and your mayor and the city council
[01:43:11.880 --> 01:43:18.520] and the judge, you're not going to believe what I'm going to do to you. That will give you a tool
[01:43:18.520 --> 01:43:24.840] to keep you from allowing him to engage you. Yeah. And besides talking about the politeness thing,
[01:43:25.880 --> 01:43:31.240] just remember. Oh, wait, we're going to skip this break. Just remember that when you're kind
[01:43:31.240 --> 01:43:39.160] to your enemies, you heat coals of fire upon their head. That's in the Bible. That's a Bible verse.
[01:43:39.160 --> 01:43:49.480] And also be aware that the proper response to what is your name is not your worst nightmare.
[01:43:51.880 --> 01:43:57.960] Well, right, guys. But you know, a lot of times you're filled with a lot of fear and self-doubt
[01:43:57.960 --> 01:44:03.800] and maybe you haven't been able to get home and feed your animals and being locked up for a day
[01:44:03.800 --> 01:44:10.440] or two is really going to mess your whole life up, you know? So I guess I'm just kind of wondering,
[01:44:10.440 --> 01:44:15.880] you know, where's that home plate? So worst case scenario, you do get the handcuffs on,
[01:44:15.880 --> 01:44:24.120] he decides to bring you in. And, you know, at what point the rudimental notes that you can
[01:44:24.120 --> 01:44:30.440] take, like Randy does, Randy takes mental notes as he's going through it. So he can go back on them
[01:44:30.440 --> 01:44:37.240] for various things and hit him with the power baby. Exactly. Just keep thinking,
[01:44:38.200 --> 01:44:43.720] what can I kick his butt for? Instead of thinking of all of the things he's going to do to you,
[01:44:45.080 --> 01:44:49.800] when this officer grabbed me, spun me around and smashed my face into this wall,
[01:44:51.320 --> 01:44:58.120] I didn't even feel it because I'm thinking, Bubba, you ain't going to believe what I'm going to do
[01:44:58.120 --> 01:45:10.680] to you for this. And it was my talisman. And always, whatever you guys do, there are a lot
[01:45:10.680 --> 01:45:15.720] of things I can do. And when we get past this part where you're holding the pistol,
[01:45:17.000 --> 01:45:22.040] we get into the courtroom, I've got all this stuff I can beat the crap out of you with.
[01:45:22.040 --> 01:45:28.600] Yes. It makes it easier to put up with that. You know, when I'm spending 24 hours in a jail cell,
[01:45:29.560 --> 01:45:37.400] that really, really sucked. Guys, let me first come out here. Caller, what was your name again? I'm
[01:45:37.400 --> 01:45:44.200] sorry? Jerry. Jerry, look, one of the things, if you get pulled over and you get put in jail,
[01:45:44.200 --> 01:45:51.000] the minute you get out of jail, you sit down with a pen and paper or at the computer and you write
[01:45:51.000 --> 01:45:58.760] everything down that happened immediately. Don't do it in jail. But the minute you get out, you
[01:45:58.760 --> 01:46:05.000] start writing and you write everything down that happened from start to finish. Absolutely. Best
[01:46:05.000 --> 01:46:11.640] advice all day. Yeah. Now, personally, what I do is that's why I always carry a digital recorder
[01:46:11.640 --> 01:46:16.920] with me. And it's always in my hand when I'm engaging a public official of any kind, especially
[01:46:16.920 --> 01:46:25.320] a police officer in a traffic stop. Right. But Jerry, seriously, that's the best thing you can
[01:46:25.320 --> 01:46:33.960] do. Be very observant. Be very polite. Be very observant. Okay? Do not get yourself in a situation
[01:46:33.960 --> 01:46:41.720] where they can put hands on you and use pain compliance or do any of that. If they do that,
[01:46:41.720 --> 01:46:51.000] you want medical attention. All right? You want, I don't care what it is, you want medical attention
[01:46:51.000 --> 01:46:55.400] and you get in front of a doctor. If they won't do that, the minute you get out, you start writing
[01:46:55.400 --> 01:47:00.920] everything down and you go immediately to a doctor. You take your own digital camera and you
[01:47:00.920 --> 01:47:07.400] photograph and document everything. Yes. Immediately. This is the one thing I keep telling people.
[01:47:07.400 --> 01:47:15.240] Write me a narrative. And it's not for me. It's for you. That's right. There's nothing better
[01:47:15.240 --> 01:47:21.880] in court. This is better than a recording. It's written. They can read it. They can back up.
[01:47:21.880 --> 01:47:29.160] They can study it. And when you write things down, little P, you write it down and go back and look
[01:47:29.160 --> 01:47:33.960] at it and say, wait, wait, wait a minute, something fit right in this space. And you'll start filling
[01:47:33.960 --> 01:47:39.560] and you'll start filling in all these details. And then when you get to court or anytime you talk
[01:47:39.560 --> 01:47:47.720] about this, your statements will be absolutely consistent. And that police officer who does this
[01:47:47.720 --> 01:47:53.880] 10 times a day, he won't have a clue as to what's going on. Now, can I throw in one trick of the
[01:47:53.880 --> 01:48:01.080] trade? Absolutely. On your side, you know how a lot of officers carry pocket notebooks? Yes.
[01:48:01.080 --> 01:48:07.240] If that officer pulls that pocket notebook out and starts reading from it while he's testifying,
[01:48:08.200 --> 01:48:15.000] ask for it. You have a right to see that. Anything he uses to refresh his memory.
[01:48:15.000 --> 01:48:24.520] He wrote down that the subject was a blank head. You know, he had a smart mouth. If he puts opinions,
[01:48:24.520 --> 01:48:32.840] derogatory statements and opinions about you in there, that's what gets right into the record.
[01:48:35.960 --> 01:48:43.560] Okay. So basically, I was just kind of curious about that formula and to come up with some
[01:48:43.560 --> 01:48:51.400] methodology. And I'm kind of like more inclined to, you know, keep insurance on my vehicle,
[01:48:51.400 --> 01:48:57.480] not jeopardize my driver's license with a moving violation, but I'm half inclined to drive around
[01:48:57.480 --> 01:49:07.080] without my seatbelt on just so I can put these things to the test. There are better ways.
[01:49:08.680 --> 01:49:12.920] I pulled into a parking lot today and there were two policemen there and they were talking to this
[01:49:12.920 --> 01:49:19.640] guy. And it was a kind of a thrift store. And I said to the police, hey guys, what are you doing
[01:49:19.640 --> 01:49:26.680] here? And he looked over at me and said, what? This is not a donut shop. But he was a good cop.
[01:49:26.680 --> 01:49:30.440] And he laughed and joked instead. That's a better thing to get a ticket for.
[01:49:34.440 --> 01:49:39.080] I was just kind of wondering what the process was because a lot of times when you're in that
[01:49:39.080 --> 01:49:45.880] situation, you're all, you know, the adrenaline levels are high and you're being pushed to
[01:49:45.880 --> 01:49:54.440] to escalate the situation. And, you know, I was just kind of wondering how to maintain an even
[01:49:54.440 --> 01:50:01.960] cool. Okay. Here's how to do it. Put this in your mind. Gotcha. I'm listening. What will look good
[01:50:02.520 --> 01:50:09.000] before a grand jury of my peers? What will make me look good and them look bad?
[01:50:09.000 --> 01:50:14.520] Okay, that will, that will adjust your behavior better than most anything else.
[01:50:14.520 --> 01:50:22.360] If somebody else is looking at one thing that they can't do in testimony is they can't include
[01:50:22.360 --> 01:50:32.840] voice inflection or body language. Good. All they can do is what you say. They always think what
[01:50:32.840 --> 01:50:41.000] will look good in front of a grand jury of my peers and that will do more to protect you than anything else.
[01:50:41.000 --> 01:50:47.480] You know, this is where I got my face smashed into a wall. I get to tell the grand jury that
[01:50:47.480 --> 01:50:51.400] I ask him what part of I don't want to talk to you. Do you not understand?
[01:50:52.600 --> 01:50:56.840] Well, I didn't really say it that way. What part of I do not want to talk to you?
[01:50:56.840 --> 01:51:05.240] Did you not understand? Yeah. That's not in the book. So always what will look good in front of
[01:51:05.240 --> 01:51:11.400] a grand jury? It'll protect you. Jerry. Okay. Real quick. There's an acronym you can remember.
[01:51:12.440 --> 01:51:22.760] Okay. Police. All right. Be polite. Be observant. Listen. Look and learn. All right.
[01:51:22.760 --> 01:51:33.480] Avoid incarceration. All right. If they screw up, take them to court. And enforce your right.
[01:51:35.480 --> 01:51:41.880] Okay. I'll let you guys get to the other call. All right. Thank you, Jerry. Thank you all.
[01:51:41.880 --> 01:51:51.400] Okay. All right. We're going to go now to David N. Austin. David, thanks for calling in. What's
[01:51:51.400 --> 01:52:04.120] on your mind tonight? I have a quick constitutional law question. If, and whomever feels good to both
[01:52:04.120 --> 01:52:18.200] or all three of you, if the law says that your homestead is your business and your home, and you
[01:52:18.200 --> 01:52:25.000] file it, and it's a public record, and 10 years later, the law gets changed, once you filed your
[01:52:25.000 --> 01:52:32.600] business homestead, does it continue to be, or is it no longer because the constitution has changed?
[01:52:32.600 --> 01:52:40.760] It depends on whether there's a grandfather clause involved in it. Yeah. Yeah. That's what I say.
[01:52:40.760 --> 01:52:46.200] It depends on what the statute itself says. That's what happened in Texas. We had a
[01:52:46.200 --> 01:52:53.480] law saying that. That's what happened in Texas. We used to have, so that urban business people
[01:52:53.480 --> 01:53:02.200] had the same equal constitutional rights, is the way the, I believe the constitution says equal, and
[01:53:04.040 --> 01:53:08.200] there's two words there, and I'm missing the second one. But anyway, a farmer
[01:53:08.200 --> 01:53:13.640] can, his homestead's 200 acres, more or less, and they don't have to be
[01:53:13.640 --> 01:53:21.480] together, and his homestead, and he lives on the 200 acres. To make that equal, the law used to say
[01:53:21.480 --> 01:53:27.720] that an urban business person, not a farmer, but a, let's say a shopkeeper, had the same right,
[01:53:27.720 --> 01:53:35.880] but his urban business and his home were his urban homestead, or urban business homestead.
[01:53:35.880 --> 01:53:42.360] Within the last five years, I believe they've changed it now, so that that is not true anymore.
[01:53:42.360 --> 01:53:50.920] Now, when you say, are you talking about for filing homesteads for property tax exemptions,
[01:53:50.920 --> 01:53:56.760] is that what you're talking about? I'm talking about filing homestead exemptions
[01:53:56.760 --> 01:54:04.680] per the Texas Constitution, which it basically protects it from creditors.
[01:54:04.680 --> 01:54:08.520] Yeah, that's the primary thing about a homestead. They can't take the homestead.
[01:54:08.520 --> 01:54:14.280] Well, no, wait a minute, though. The Texas Constitution has not been lawfully altered,
[01:54:14.280 --> 01:54:20.280] as far as I know, since 2000. Okay, well, maybe it was 2000 when it was changed. This was
[01:54:20.280 --> 01:54:28.600] prior to whenever it was recorded. Now, this is without knowing the particulars,
[01:54:28.600 --> 01:54:34.600] because this is a really fine point of law. But as a rule, if you set up a business,
[01:54:35.560 --> 01:54:44.920] if you create a situation that's proper under law, and the law changes that would fundamentally
[01:54:44.920 --> 01:54:52.280] often alter your business, then you have to be grandfathered, because you have an investment
[01:54:52.840 --> 01:54:58.360] in the way that it was, and you were compliant with the law when you set it up.
[01:54:59.080 --> 01:55:05.400] So it's inappropriate for the government to come in and say, now you have to change everything
[01:55:05.960 --> 01:55:11.160] and lose all of this protection without being compensated for it.
[01:55:11.160 --> 01:55:16.280] Yeah, that's ex post facto law. Ex post facto. Okay, I'll follow that.
[01:55:17.480 --> 01:55:24.120] One of the provisions of the Texas Homestead Act, and this is part of the new provision,
[01:55:25.080 --> 01:55:33.240] is that now you can go in and mortgage a homestead, and under certain stipulations,
[01:55:33.240 --> 01:55:40.040] which you couldn't do before, you can mortgage that homestead for a second.
[01:55:40.840 --> 01:55:42.840] In other words, you can take out a second mortgage.
[01:55:42.840 --> 01:55:44.840] Against your equity, yes.
[01:55:44.840 --> 01:55:53.160] Right. Okay, one of the provisions of the new law is that if the mortgage company
[01:55:53.160 --> 01:56:05.480] exceeds, let's say the face value of the new mortgage is $50,000, or say $100,000 for round
[01:56:05.480 --> 01:56:14.680] figures, if their cost exceeds 3% of the face value, and you notify them of that, and they
[01:56:14.680 --> 01:56:20.280] do not correct it in 90 days, then the whole amount of the mortgage becomes paid in full.
[01:56:20.280 --> 01:56:25.000] Cost. What does cost refer to?
[01:56:26.440 --> 01:56:32.680] Okay, cost. When you go in and you say you want to borrow $100,000 against your asset,
[01:56:32.680 --> 01:56:41.160] it's worth $250,000, and they say okay. And when they get the closing table, you sign
[01:56:41.160 --> 01:56:52.360] a piece of paper, and you get $100,000, but the cost of the transaction, including title insurance,
[01:56:52.360 --> 01:56:58.520] property insurance, any kind of fees. Okay, move quickly and run out of time.
[01:56:58.520 --> 01:57:05.400] Is $104,000. Well, that's more than 3% above the $100,000.
[01:57:05.400 --> 01:57:11.000] Oh. Once you get more than the 3%,
[01:57:11.000 --> 01:57:17.000] if you do it at closing or you do it somewhere in the mortgage pan back with fees, then the
[01:57:17.000 --> 01:57:23.320] Constitution says that when you notify them of that, they have 90 days to cure it or it
[01:57:23.320 --> 01:57:27.880] zeroes out your balance on your mortgage. That sounds pretty cool.
[01:57:27.880 --> 01:57:35.560] Okay, is there a question there? Well, the question is, and it kind of
[01:57:35.560 --> 01:57:43.640] goes along with the urban business homestead, but it's off on the side branch. I have done that
[01:57:43.640 --> 01:57:51.640] because of the fees, and they failed to follow up even though I demand-
[01:57:51.640 --> 01:57:54.920] Wait, who is they? The mortgage company.
[01:57:54.920 --> 01:57:59.160] Okay, you probably have to go to court and adjudicate this and get the court to rule
[01:57:59.160 --> 01:58:02.520] the benefit. Get the court to rule on it?
[01:58:02.520 --> 01:58:04.040] Yes. Okay.
[01:58:04.920 --> 01:58:08.840] This mortgage company is not going to give up. You're going to have to get a court to order them to.
[01:58:11.080 --> 01:58:13.160] I understand. Okay.
[01:58:13.160 --> 01:58:19.000] Okay, listen, we're at the end of the show. We'll go into overtime, but I do have to take a break
[01:58:19.000 --> 01:58:23.560] at the top of the hour right now for the sake of the affiliates, the ones who need to make
[01:58:23.560 --> 01:58:31.480] the transition. So just hang on the line, David, and Randy, and Kim, Freeman, we will get to your
[01:58:31.480 --> 01:58:54.440] calls after midnight. We'll be back in a few minutes. This is the rule of law.
[01:59:01.480 --> 01:59:04.440] I know