ROL_2009-07-10_16k_Hr3-4.timecode

[00:00.000 --> 00:13.380]  AIG is preparing to pay $2.4 million in bonuses to 40 of its top executives, months after
[00:13.380 --> 00:20.200]  paying $165 million in bonuses that angered lawmakers and the public.
[00:20.200 --> 00:26.320]  In Britain, Rupert Murdoch's news group has paid $1.5 million to secure secrecy over
[00:26.320 --> 00:32.400]  out-of-court settlements in three cases where Murdoch journalists used private investigators
[00:32.400 --> 00:37.400]  to illegally hack into cell phone messages of public figures and gain access to their
[00:37.400 --> 00:39.640]  personal data.
[00:39.640 --> 00:45.100]  A Danish study has found one in three breast cancers detected by mammogram screening may
[00:45.100 --> 00:47.400]  actually be harmless.
[00:47.400 --> 00:52.680]  Data from five countries suggests some women may have had unnecessary treatment for cancers
[00:52.680 --> 01:00.040]  that were unlikely to kill them or spread.
[01:00.040 --> 01:04.560]  Legal aid societies across the country are being overwhelmed by growing numbers of poor
[01:04.560 --> 01:11.240]  and unemployed Americans who face eviction, foreclosure, bankruptcy and other legal problems
[01:11.240 --> 01:13.120]  tied to the recession.
[01:13.120 --> 01:19.240]  The crush of new clients comes as cash-strapped agencies cut staff and services.
[01:19.240 --> 01:24.360]  The non-profit Legal Services Corporation, which funds more than 900 legal aid offices
[01:24.360 --> 01:30.560]  nationwide, says the number of people who qualify for assistance has jumped by 11 million
[01:30.560 --> 01:34.280]  since 2007 because of the recession.
[01:34.280 --> 01:39.740]  The federal government budgeted an 11% increase in funding for legal aid this year.
[01:39.740 --> 01:45.200]  That increase, however, is more than offset by the growing demand for services and a recession-driven
[01:45.200 --> 01:51.600]  decline in state funding, charitable gifts and grants, which traditionally make up half
[01:51.600 --> 01:53.480]  of legal service funding.
[01:53.480 --> 01:59.680]  Advocates say that means legal aid programs will turn away roughly one million valid cases
[01:59.680 --> 02:02.680]  this year.
[02:02.680 --> 02:10.360]  CIA Director Leon Panetta's revelation of a secret program the CIA kept hidden from
[02:10.360 --> 02:17.480]  Congress since 2001 has sparked a partisan battle in Congress and renewed concerns about
[02:17.480 --> 02:23.280]  the spy organization's behavior during the Bush and Obama administrations.
[02:23.280 --> 02:28.720]  Last month, Panetta revealed the CIA had misled Congress and concealed significant actions
[02:28.720 --> 02:29.720]  from them.
[02:29.720 --> 02:34.680]  Panetta claimed he noticed the program four months after taking office and immediately
[02:34.680 --> 02:36.120]  canceled it.
[02:36.120 --> 02:40.520]  House Democrats say Panetta's revelation is another example of the Bush administration's
[02:40.520 --> 02:42.920]  covert activities.
[02:42.920 --> 02:47.600]  Republicans claimed Panetta was trying to score points with Congressional Democrats
[02:47.600 --> 02:52.840]  who labeled him a stand-up guy and that the program was not a major tool and therefore
[02:52.840 --> 02:55.040]  didn't need to be revealed.
[02:55.040 --> 03:01.280]  Democrats are now talking about holding an investigation.
[03:01.280 --> 03:04.720]  You feel tired when talking about important topics like money and politics?
[03:04.720 --> 03:05.720]  Sorry!
[03:05.720 --> 03:08.640]  I'm confused by words like the Constitution or the Federal Reserve.
[03:08.640 --> 03:09.640]  What?
[03:09.640 --> 03:13.520]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[03:13.520 --> 03:19.000]  Hi, my name is Steve Holt and like millions of other Americans, I was diagnosed with stupidity
[03:19.000 --> 03:20.200]  at an early age.
[03:20.200 --> 03:24.200]  I had no idea that the number one cause of the disease is found in almost every home
[03:24.200 --> 03:26.280]  in America, the television.
[03:26.280 --> 03:31.320]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
[03:31.320 --> 03:35.080]  The staff at Brave New Books have helped me and thousands of other Foxaholics suffering
[03:35.080 --> 03:37.400]  from sports-zombie-ism recover.
[03:37.400 --> 03:41.640]  And because of Brave New Books, I now enjoy reading and watching educational documentaries
[03:41.640 --> 03:44.280]  without feeling tired or uninterested.
[03:44.280 --> 03:51.640]  So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503
[03:51.640 --> 03:55.720]  or visit them in 1904 Guadalupe or bravenewbookstore.com.
[03:55.720 --> 03:59.120]  Side effects from using Brave New Books products may include discernment and enlarged vocabulary
[03:59.120 --> 04:01.320]  and an overall increase in mental functioning.
[04:01.320 --> 04:09.640]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[04:09.640 --> 04:33.080]  talk radio at its best.
[05:09.640 --> 05:36.720]  Okay, we are back for our two and three of Rule of Law Radio.
[05:36.720 --> 05:41.760]  Randy Kelton, Eddie Craig, Deborah Stevens, we've got Wendy and Bill still on the line
[05:41.760 --> 05:42.760]  with us.
[05:42.760 --> 05:46.720]  We're going to be taking your calls for the rest of the show.
[05:46.720 --> 05:51.680]  And Nolan from North Carolina, I know that you've called back in a couple of times and
[05:51.680 --> 05:52.680]  dropped off the line.
[05:52.680 --> 05:56.360]  I know that we spent a lot of time on this, but I really wanted to go over this very well
[05:56.360 --> 06:02.240]  so that other people would be able to understand these processes and be able to do them themselves.
[06:02.240 --> 06:06.960]  So we are going to, so Nolan, please call back in and we will take you immediately.
[06:06.960 --> 06:09.000]  Right now we're going to go to Kenny in California.
[06:09.000 --> 06:12.200]  Kenny, thanks for calling in.
[06:12.200 --> 06:14.200]  Hey, what's on your mind tonight?
[06:14.200 --> 06:15.200]  How are you guys?
[06:15.200 --> 06:18.200]  I've got a long time to talk to.
[06:18.200 --> 06:19.200]  Yeah.
[06:19.200 --> 06:23.760]  Yeah, actually I spoke to Randy not too long ago on the phone.
[06:23.760 --> 06:25.960]  I was just going to touch on a few things.
[06:25.960 --> 06:32.000]  I was hoping that we could talk a little bit, a little more deeply about these far grievances
[06:32.000 --> 06:36.320]  and my understanding is maybe it is some of y'all's as well that when you do these grievances
[06:36.320 --> 06:38.240]  they do end up in the trash.
[06:38.240 --> 06:44.880]  If that's the case, how is it that the malpractice insurance company is going to know anything
[06:44.880 --> 06:50.800]  about it unless we are of course filing a copy of that with that malpractice insurance
[06:50.800 --> 06:51.800]  company?
[06:51.800 --> 06:54.120]  That's question number one.
[06:54.120 --> 06:57.960]  Okay, I can answer that one.
[06:57.960 --> 07:05.680]  If the attorney gets a bar grievance and he fails to notify his insurance carrier and
[07:05.680 --> 07:13.800]  he is subsequently sued, the insurance carrier does not have to pay the claim.
[07:13.800 --> 07:21.360]  So when you file a bar grievance against the attorney, he has to notify the insurance company.
[07:21.360 --> 07:24.280]  That makes it even better.
[07:24.280 --> 07:31.080]  So short of suing the attorney, how is that a remedy for someone who is looking to put
[07:31.080 --> 07:36.800]  pressure on an attorney or at least just kind of mess with them just because you can?
[07:36.800 --> 07:41.000]  That will eliminate his malpractice insurance.
[07:41.000 --> 07:46.280]  If he has his own law firm, he will have to shut it down because the firm, if he gets
[07:46.280 --> 07:49.400]  three bar grievances, the firm can't get insurance.
[07:49.400 --> 07:55.520]  Right, but if you're not suing the attorney or the firm, how is it that that's going
[07:55.520 --> 07:59.680]  to shut down the insurance because the malpractice insurance company is not going to know anything
[07:59.680 --> 08:00.680]  about it?
[08:00.680 --> 08:01.680]  The bar association...
[08:01.680 --> 08:02.680]  Oh, yes they are.
[08:02.680 --> 08:10.280]  What I'm saying is he's paying premiums for malpractice insurance, high premiums.
[08:10.280 --> 08:18.520]  If he gets a bar grievance and doesn't notify the insurance company, his insurance is void
[08:18.520 --> 08:21.560]  so he's paying for it for nothing.
[08:21.560 --> 08:24.520]  How are we going to know whether he notified them or not?
[08:24.520 --> 08:30.000]  I would think that since most attorneys really don't operate above board most of the time,
[08:30.000 --> 08:32.880]  why am I to assume that he's going to do the honorable thing and let them know that he
[08:32.880 --> 08:35.120]  got a bar grievance?
[08:35.120 --> 08:39.200]  Because the bar grievance is...
[08:39.200 --> 08:44.040]  The insurance company can get the fact of the bar grievance from the state bar.
[08:44.040 --> 08:46.480]  This is something too easy to come out.
[08:46.480 --> 08:50.880]  Now if you're concerned that they won't get it, there's only about nine companies in the
[08:50.880 --> 08:56.520]  United States that do malpractice insurance for attorneys.
[08:56.520 --> 08:58.640]  So just notice all of them.
[08:58.640 --> 08:59.640]  Right.
[08:59.640 --> 09:01.480]  Now this brings me up to the next question.
[09:01.480 --> 09:09.520]  I think Wendy had touched a little bit on earlier about doing information requests to find out
[09:09.520 --> 09:19.120]  who the insurance carrier slash bond company might be on that particular bar number.
[09:19.120 --> 09:22.920]  Who would that information request go out to?
[09:22.920 --> 09:29.560]  I don't know that that is something that the attorney has a duty to reveal.
[09:29.560 --> 09:38.640]  But here in Marable, if it's a city attorney, the city's malpractice...
[09:38.640 --> 09:42.080]  If it's a city attorney, if it's a public official, that's different.
[09:42.080 --> 09:43.080]  Right.
[09:43.080 --> 09:49.000]  But if he's a private attorney, I don't know of anything that gives him a duty to release
[09:49.000 --> 09:52.240]  that particular piece of information.
[09:52.240 --> 09:53.240]  Right.
[09:53.240 --> 10:01.040]  However, if it were a judge who is an official, county, city, whatever, my understanding is
[10:01.040 --> 10:03.840]  that they are required to give up the bond information.
[10:03.840 --> 10:09.040]  Well, yeah, they are and that's...you don't even need to go to the judge for that.
[10:09.040 --> 10:13.480]  You can go to the state comptroller or to the county comptroller if you have one or
[10:13.480 --> 10:19.600]  to the tax assessor collector, whoever pays the bills, the county commissioner's court.
[10:19.600 --> 10:23.720]  Whoever pays the bill, there will be a money trail.
[10:23.720 --> 10:31.640]  And the codes actually would tell you exactly where the bonds are kept.
[10:31.640 --> 10:32.760]  Which codes?
[10:32.760 --> 10:36.400]  The annotated codes for the state.
[10:36.400 --> 10:44.400]  You can look down and see where public officials or whatever and it should tell you exactly
[10:44.400 --> 10:48.880]  where their oath of offices and their bonds should be kept and should be kept here in
[10:48.880 --> 10:54.560]  Tennessee in the registrar's office, but they're not.
[10:54.560 --> 10:56.840]  They're kept in the county commissioner's office.
[10:56.840 --> 10:59.920]  And that's tampering with a government document.
[10:59.920 --> 11:00.920]  Yes.
[11:00.920 --> 11:06.960]  But in either case, if you can get it from the other place, as long as you...these are
[11:06.960 --> 11:14.080]  things that should be relatively easy to locate because they're government documents by their
[11:14.080 --> 11:15.080]  nature.
[11:15.080 --> 11:18.640]  Yeah, but of course those rules change from state to state.
[11:18.640 --> 11:23.240]  And I did find out in California the secretary of state's office holds the oath.
[11:23.240 --> 11:26.000]  My mate called him on Monday and found out where the bonds are.
[11:26.000 --> 11:28.680]  I wouldn't mind kind of playing around with some of these judges that I've dealt with
[11:28.680 --> 11:30.680]  in the past.
[11:30.680 --> 11:36.480]  Next question for Wendy with regard to the process that she's been using and I'm quite
[11:36.480 --> 11:41.440]  familiar actually with a lot of this and I've heard some of Tim Turner's audios and seen
[11:41.440 --> 11:42.680]  a bunch of the documents.
[11:42.680 --> 11:51.400]  Are you using notary protest process with these documents that you're using?
[11:51.400 --> 11:57.840]  I have once, but three witnesses can sign it and it's just as powerful because you've
[11:57.840 --> 12:01.400]  got three witnesses signing your documents.
[12:01.400 --> 12:02.400]  Yeah I've heard that.
[12:02.400 --> 12:03.400]  Okay.
[12:03.400 --> 12:11.880]  So you're using a default certificate of non-response type situation or what?
[12:11.880 --> 12:12.880]  Yes.
[12:12.880 --> 12:17.800]  I mean all you have to do, your witnesses, is sign an affidavit that they witnessed you
[12:17.800 --> 12:23.960]  put it in an envelope and sign them and send it and you use your certified mail receipt
[12:23.960 --> 12:31.680]  number you know and you put it under UCC-3s, you own that under due course.
[12:31.680 --> 12:37.880]  Right okay and I just thought it might be useful to point out to folks listening that
[12:37.880 --> 12:42.440]  a UCC-1 is not actually lien itself, it's a notice of a lien.
[12:42.440 --> 12:43.440]  Yes.
[12:43.440 --> 12:50.400]  There has to be something else backing that up and I've also heard on Winston materials
[12:50.400 --> 12:55.400]  and from some other people that once you have placed a lien that you want to be careful
[12:55.400 --> 13:01.440]  about, you don't ever want to remove it, you assign it to a party once they've satisfied
[13:01.440 --> 13:04.760]  whatever it is that needs to be satisfied but the removal of it can get you in trouble.
[13:04.760 --> 13:05.760]  Is that your understanding?
[13:05.760 --> 13:15.920]  Yeah, but you know I can give them away to anybody, sell them, give them away.
[13:15.920 --> 13:21.360]  You know I mean I'm attached to my husband's UCC, he's attached to mine, he owns mine
[13:21.360 --> 13:26.680]  liens as much as I own his.
[13:26.680 --> 13:27.680]  Right right.
[13:27.680 --> 13:31.480]  I just remember there was apparently about three or four years ago there was a group
[13:31.480 --> 13:36.200]  of guys there in Texas that had gotten in trouble with doing some liens on some officials
[13:36.200 --> 13:39.800]  and then apparently they got tricked into removing them, that's the story I heard.
[13:39.800 --> 13:43.000]  I don't know how accurate this is.
[13:43.000 --> 13:48.120]  I think a lot of people get in trouble with the liens and stuff because they do not perfect
[13:48.120 --> 13:49.120]  their claims.
[13:49.120 --> 13:54.400]  I mean if you have a valid, perfected claim and you've done every process, you get every
[13:54.400 --> 14:02.960]  opportunity because you're sweet, you're nice, you get every opportunity to try to
[14:02.960 --> 14:08.800]  correct this and then you apply the liens, notice of the liens.
[14:08.800 --> 14:11.120]  And gave them a 90 day curing period.
[14:11.120 --> 14:12.120]  Yeah.
[14:12.120 --> 14:17.440]  And anytime they could rebutted that notice of liens.
[14:17.440 --> 14:22.120]  I mean our liens are actually even filed in our court cases.
[14:22.120 --> 14:27.400]  And this is the process that's keeping everybody out of trouble because you're actually creating
[14:27.400 --> 14:35.120]  a lien as a matter of law so that and primarily you get it because the boneheads don't respond
[14:35.120 --> 14:42.320]  appropriately to the lien, they're just not familiar with the commercial process.
[14:42.320 --> 14:48.440]  Whereas the Republic of Texas when they were filing notice of lien, they just decided there
[14:48.440 --> 14:50.680]  was a lien and filed a notice of it.
[14:50.680 --> 14:53.280]  Well, the lien had never been actually created.
[14:53.280 --> 14:55.480]  No, you have to have a valid claim.
[14:55.480 --> 14:59.120]  Yeah, is that what happened with those guys?
[14:59.120 --> 15:00.200]  Yes.
[15:00.200 --> 15:02.600]  They just claimed a lien.
[15:02.600 --> 15:05.760]  They didn't go through the process of perfecting it.
[15:05.760 --> 15:06.760]  Right, yeah.
[15:06.760 --> 15:11.520]  Okay, well I'll defer to the next caller and then hey, it was good talking to you all.
[15:11.520 --> 15:15.040]  I'll try to get back in the habit of calling in a little more often.
[15:15.040 --> 15:16.040]  All right, wonderful Kenny.
[15:16.040 --> 15:18.040]  It's great to hear from you again.
[15:18.040 --> 15:19.520]  Okay, yeah, thanks.
[15:19.520 --> 15:20.520]  Okay, awesome.
[15:20.520 --> 15:21.520]  Okay, bye-bye.
[15:21.520 --> 15:22.520]  Bye.
[15:22.520 --> 15:26.560]  Okay, we are now going to go to Steve in Texas, the first time caller.
[15:26.560 --> 15:28.240]  Steve, thanks for calling in.
[15:28.240 --> 15:29.240]  Thanks for listening.
[15:29.240 --> 15:30.240]  What's on your mind tonight?
[15:30.240 --> 15:33.160]  Well, thanks for taking me.
[15:33.160 --> 15:39.600]  I've got a problem that I'm not sure how to deal with as far as I'm a self-proprietor
[15:39.600 --> 15:47.320]  of a business and I just got recently a customer called me and he got my name from Google and
[15:47.320 --> 15:54.840]  I never gave Google permission to put my business name and address, you know, on the computer.
[15:54.840 --> 15:56.840]  Do you have a website?
[15:56.840 --> 15:59.760]  No, I'm kind of computer illiterate.
[15:59.760 --> 16:06.560]  I don't even have a computer, so I'm not sure who to contact with Google to handle this
[16:06.560 --> 16:07.560]  or how I...
[16:07.560 --> 16:08.560]  Well, wait a minute.
[16:08.560 --> 16:09.560]  You have a business.
[16:09.560 --> 16:13.840]  Is your phone number and business address listed in the yellow pages?
[16:13.840 --> 16:18.320]  Just my telephone number, but I didn't put my address because I don't sell any products.
[16:18.320 --> 16:19.800]  I just install.
[16:19.800 --> 16:24.560]  Well, here's the problem you have.
[16:24.560 --> 16:27.320]  Names and addresses are in the public record.
[16:27.320 --> 16:32.400]  Especially if it's a business, especially if it's a business.
[16:32.400 --> 16:38.720]  Yeah, but like I say, I go to people's houses and install tile.
[16:38.720 --> 16:39.720]  I don't sell any products.
[16:39.720 --> 16:40.720]  Hold on one moment.
[16:40.720 --> 16:41.720]  Hold on one moment.
[16:41.720 --> 16:42.720]  We're going to break.
[16:42.720 --> 16:44.520]  We're going to address this on the other side.
[16:44.520 --> 16:45.520]  Okay.
[16:45.520 --> 16:46.520]  Okay.
[16:46.520 --> 16:47.520]  We'll be right back.
[16:47.520 --> 16:48.520]  This is rule of law.
[16:48.520 --> 16:53.680]  We've got Wendy, Bill, Eddie Craig, myself, and Randy.
[16:53.680 --> 16:54.680]  We'll be right back.
[16:54.680 --> 17:00.000]  When the dollars call in.
[17:00.000 --> 17:01.000]  You invest.
[17:01.000 --> 17:02.000]  You buy insurance.
[17:02.000 --> 17:03.000]  You wear your seatbelt.
[17:03.000 --> 17:05.520]  You do things to ensure your family's future and protection.
[17:05.520 --> 17:06.520]  But why?
[17:06.520 --> 17:07.600]  Just in case?
[17:07.600 --> 17:10.640]  With the current state of affairs, ask yourself, am I ready?
[17:10.640 --> 17:13.940]  Preparation starts at survivalgearsource.com.
[17:13.940 --> 17:18.280]  Survivalgearsource.com has a huge selection of vital products, emergency survival kits,
[17:18.280 --> 17:24.360]  gas masks, MREs, communication devices, products for pet care, your car, home, office, and school.
[17:24.360 --> 17:28.520]  Invest against all natural disasters and terror attacks that can happen at any time.
[17:28.520 --> 17:32.680]  If you are not prepared, the last place you want to be is standing in FEMA lines.
[17:32.680 --> 17:34.400]  Invest in your future now.
[17:34.400 --> 17:39.640]  Visit survivalgearsource.com or call 877-231-1925.
[17:39.640 --> 17:44.080]  That's 877-231-1925.
[17:44.080 --> 17:45.080]  Survivalgearsource.com.
[17:45.080 --> 17:47.560]  Prepare for tomorrow now.
[17:47.560 --> 17:54.280]  When ordering from survivalgearsource.com, remember to use promo code ruleoflawradio.com.
[17:54.280 --> 17:59.040]  Again, that special promo code is ruleoflawradio.com.
[18:24.280 --> 18:27.840]  Okay, we are back.
[18:27.840 --> 18:30.040]  We are speaking with Steve.
[18:30.040 --> 18:39.240]  Okay, Steve, you have a business, okay, and it is in the yellow pages, you have the business
[18:39.240 --> 18:43.240]  name and your telephone number listed but not the address.
[18:43.240 --> 18:44.240]  Is that correct?
[18:44.240 --> 18:45.240]  Is that what you were just saying?
[18:45.240 --> 18:46.240]  Yes, ma'am.
[18:46.240 --> 18:48.040]  Okay, do you have a DBA for your business?
[18:48.040 --> 18:49.040]  Yes.
[18:49.040 --> 18:57.440]  On your DBA, when you submitted documents with the county, did you put that address
[18:57.440 --> 18:58.440]  on the DBA?
[18:58.440 --> 19:01.920]  Well, I'm going to have to look, but I believe I did.
[19:01.920 --> 19:02.920]  Okay, all right.
[19:02.920 --> 19:09.800]  When you do things like that, you are submitting your information into the public, all right,
[19:09.800 --> 19:15.360]  and as far as Google is concerned, they are a search engine for the Internet, all right.
[19:15.360 --> 19:22.880]  Google put up websites, the yellow pages has a website, the county tax assessor's office
[19:22.880 --> 19:31.400]  has a website, which when you go down to the tax assessor's office and the clerk down there,
[19:31.400 --> 19:36.960]  that's where you file for a DBA, secretary of state has a website, almost everybody has
[19:36.960 --> 19:42.920]  some kind of website, especially entities that are public, okay, and what happens with
[19:42.920 --> 19:48.320]  search engines, since you said that you were a little bit somewhat computer illiterate,
[19:48.320 --> 19:52.040]  Google doesn't actually put your name on the computer, okay.
[19:52.040 --> 19:54.320]  Google does not do anything.
[19:54.320 --> 19:58.080]  Google doesn't submit any information out there.
[19:58.080 --> 20:01.040]  Well, they do harvest information and give it to the government.
[20:01.040 --> 20:07.760]  That's one thing that they do do, so don't, people shouldn't use Google because they record
[20:07.760 --> 20:13.080]  your IP address, which your IP address is the location, it's your Internet location,
[20:13.080 --> 20:17.400]  all right, when you get online, when you get on the Internet, and they harvest, they save
[20:17.400 --> 20:22.000]  your IP address and everything that you search for and all the websites that you hit from
[20:22.000 --> 20:25.800]  their page, all the links that you click on from their page, and they give all that information
[20:25.800 --> 20:31.520]  to the government and to other marketers, you know, people who want to sell you things,
[20:31.520 --> 20:32.520]  all right.
[20:32.520 --> 20:36.080]  Google doesn't actually put your information anywhere.
[20:36.080 --> 20:41.800]  They gather information and how a search engine works, like Google, all right, it's called
[20:41.800 --> 20:50.320]  a spidering, and Google and other search engines have a program that goes out there and it's
[20:50.320 --> 20:58.560]  called spidering, and they hit as many websites as they can all the time, and they document
[20:58.560 --> 21:03.840]  and record and harvest the information that's out there, all right.
[21:03.840 --> 21:09.560]  If people put up a website, they're putting the information out there in the public, all
[21:09.560 --> 21:15.720]  right, and that's, and browsers have to be able to read it, and that's why HTML code
[21:15.720 --> 21:19.920]  cannot be copyrighted, all right, and there's no such thing, and so what happens is that
[21:19.920 --> 21:27.760]  if the tax appraiser's office, you know, down at 51st Street Airport, where you submitted,
[21:27.760 --> 21:32.960]  where you registered for your DBA, that is a matter of public record, and so Google probably
[21:32.960 --> 21:40.280]  spidered that office, you know, the tax assessor's office, and got your information, and it's
[21:40.280 --> 21:45.680]  listed in their search engine, and so when somebody did a hit on your name, that's how
[21:45.680 --> 21:50.440]  they got your address and your phone number, so you have already submitted that information
[21:50.440 --> 21:56.640]  into the public, so you can't complain, you have no cause of action to claim that Google
[21:56.640 --> 21:58.000]  did anything wrong.
[21:58.000 --> 22:04.480]  Well, also, they've listed me in another type of business that I'm not even in is wood flooring,
[22:04.480 --> 22:09.080]  and they've given my name and address and that, too.
[22:09.080 --> 22:12.120]  How did they list your name as being in wood flooring?
[22:12.120 --> 22:17.160]  Well, I guess it's next to, must be next to tile flooring or something, but they've got
[22:17.160 --> 22:20.360]  me in two places, wood flooring and tile flooring.
[22:20.360 --> 22:24.360]  Well, see, the thing is, they're not actually classifying your business.
[22:24.360 --> 22:31.600]  What they're doing is they're actually helping you, because they are putting, basically,
[22:31.600 --> 22:38.800]  they're leading people who use certain search terms to your information, so if people put
[22:38.800 --> 22:43.920]  any different combination of what's called keywords or search words, wood flooring, tile
[22:43.920 --> 22:50.080]  flooring, you know, clean floors, I mean, it could be any number of things, they're
[22:50.080 --> 22:55.880]  actually helping you, because somebody who may think they want a wood floor may do a
[22:55.880 --> 23:00.280]  search on Google for wood flooring, all right, and they may come across your information
[23:00.280 --> 23:05.720]  and call you, and you may convince them to put in a tile floor instead, okay?
[23:05.720 --> 23:07.640]  They're not really doing you any damage.
[23:07.640 --> 23:10.200]  They're actually helping to bring customers to you.
[23:10.200 --> 23:14.200]  Yeah, the only thing I didn't like was the fact that they put my address, which I didn't,
[23:14.200 --> 23:15.200]  you know, give them permission.
[23:15.200 --> 23:18.000]  But what I'm saying is they didn't put your address.
[23:18.000 --> 23:23.200]  They got your address from somewhere else where you have already submitted it into the
[23:23.200 --> 23:30.080]  public, and that's why I suggest to people that they get a private PO box, a private
[23:30.080 --> 23:36.400]  mailing box address, which businesses, a lot of businesses offer this service.
[23:36.400 --> 23:42.920]  Planet K offers this service here in Austin, and I've got one at Planet K, and it's actually
[23:42.920 --> 23:48.560]  a PO box, but it's not at the post office, so you get a street address.
[23:48.560 --> 23:55.320]  It's at Planet K, it's 1516 South Lamar, number 112, okay, so it's actually a street address,
[23:55.320 --> 23:58.920]  and so you get to receive packages, like from FedEx and UPS.
[23:58.920 --> 24:04.600]  FedEx and UPS will not deliver it to a PO box, and so there's also a lot of other entities
[24:04.600 --> 24:10.320]  that when they ask for your address, they won't accept a PO box, all right, like a driver's
[24:10.320 --> 24:11.320]  license.
[24:11.320 --> 24:15.560]  You have to give them a street address, all right, there's a lot of things, credit cards,
[24:15.560 --> 24:22.920]  things that when you're dealing in the world, a lot of entities want a street address.
[24:22.920 --> 24:28.800]  So you get a private box like that, it's got a street address, and use that for everything,
[24:28.800 --> 24:33.320]  and then you get your mail there, and that way you get to protect your personal address,
[24:33.320 --> 24:37.920]  because if you're going to use your personal address on business documents that are a matter
[24:37.920 --> 24:43.560]  of public record, then it's out there, you can't, you have no cause of action to complain
[24:43.560 --> 24:48.320]  that Google has done anything wrong, because you are the one that listed that address in
[24:48.320 --> 24:49.320]  the public.
[24:49.320 --> 24:50.320]  Do you see what I'm saying?
[24:50.320 --> 24:55.800]  Yeah, I guess I just didn't know Google could put an ad in without even my knowledge or
[24:55.800 --> 24:56.800]  consent.
[24:56.800 --> 25:03.160]  I don't think they put an ad in, it's a search, like I don't know what website this person
[25:03.160 --> 25:08.680]  found that had your information, but Google doesn't put up ads.
[25:08.680 --> 25:17.920]  Somebody probably did a search either on your name or your business or something, and hit
[25:17.920 --> 25:26.160]  some other website, okay, to find that information, like maybe a telephone, you know, listing
[25:26.160 --> 25:34.160]  of business addresses in the area that fall under those certain keywords, so you may want
[25:34.160 --> 25:39.680]  to find out just like what exactly is being listed.
[25:39.680 --> 25:45.040]  See, Google, like I said, they don't put up any websites, they don't put up any ads, they're
[25:45.040 --> 25:50.280]  a search engine for other websites on the Internet, and so if someone did a search for
[25:50.280 --> 25:55.840]  your business name or your name, what's going to happen is Google is going to list websites
[25:55.840 --> 26:00.800]  that have, that come up under those search terms, so they don't actually put up anything.
[26:00.800 --> 26:06.680]  So you may want to get on Google yourself and type in your name and your business name
[26:06.680 --> 26:12.440]  in the search engine to see what comes up to find out who's got what information on
[26:12.440 --> 26:16.960]  you that they're listing on their various websites, and if it's information that you've
[26:16.960 --> 26:21.520]  already submitted into the public record, then you can't, you don't have a cause of
[26:21.520 --> 26:23.400]  action against anyone.
[26:23.400 --> 26:24.400]  Okay.
[26:24.400 --> 26:26.000]  Does that make sense?
[26:26.000 --> 26:30.600]  Yeah, I think it does, and I appreciate your help, Dan.
[26:30.600 --> 26:35.440]  Okay, yes, I just wanted to make it clear, you know, about how the Internet works and
[26:35.440 --> 26:42.400]  how search engines work, okay, and they don't actually put up anything.
[26:42.400 --> 26:51.480]  They function to help people find what other people have put up on websites, okay, so whatever
[26:51.480 --> 26:58.680]  this person found on you, they got from a website that Google found, okay, so you need
[26:58.680 --> 27:04.560]  to maybe figure out what website has that information on it, and you could possibly
[27:04.560 --> 27:07.720]  dispute it with that entity, okay?
[27:07.720 --> 27:08.720]  Okay.
[27:08.720 --> 27:09.720]  All right.
[27:09.720 --> 27:12.920]  I've got one other question, it's kind of brief, if you don't mind.
[27:12.920 --> 27:15.240]  Okay, sure, go ahead.
[27:15.240 --> 27:19.000]  Recently the Better Business Bureau has been calling me to try to join their organization
[27:19.000 --> 27:26.640]  and I've always refused, and one of the people that I talked with said that they graded different
[27:26.640 --> 27:31.960]  companies and they told me they gave me a B plus, and I asked them how they arrived
[27:31.960 --> 27:37.280]  at that, and they said, well, you've only been in business so long, and they had the
[27:37.280 --> 27:42.200]  amount of time I was in business is seven years, and I've been in business over 20 years.
[27:42.200 --> 27:43.200]  Okay, well that's...
[27:43.200 --> 27:48.440]  And I told them I've never had one complaint in all the years I've been doing, Tyle, and
[27:48.440 --> 27:53.280]  you know, I shouldn't have a B, I should have an A plus or whatever if you're going to grade
[27:53.280 --> 27:56.560]  it and people are going to call you and you're going to give people grades.
[27:56.560 --> 28:02.600]  Well, if they're giving you a grade on a piece of false information, then that's something
[28:02.600 --> 28:04.320]  that you could correct.
[28:04.320 --> 28:11.440]  Yeah, that's what I thought, but I just, you know, other than call them and ask them to
[28:11.440 --> 28:14.200]  change the grade, I don't know what else I could do.
[28:14.200 --> 28:19.680]  Okay, well, it's not, I mean, they're doing you damage if they're listing that you've
[28:19.680 --> 28:23.040]  only been in business for seven years and you've actually been in business for 20 years.
[28:23.040 --> 28:29.760]  Now, I've never dealt with the Better Business Association, so maybe Eddie, Randy, do you
[28:29.760 --> 28:33.240]  guys have any suggestions on how Steve can handle this situation?
[28:33.240 --> 28:38.400]  Because I don't think that it's right that the Better Business Association is listing
[28:38.400 --> 28:43.200]  incorrect information and using that to give him a detrimental grade.
[28:43.200 --> 28:49.000]  Well, actually, the BBB that I do around here, I mean, I've never, in the years that I've
[28:49.000 --> 28:53.080]  been doing business, I get plaques from them and everything else because in all the time
[28:53.080 --> 28:57.200]  I've done business, I've never had a single customer complaint.
[28:57.200 --> 29:02.600]  The rating that they're saying they give you, everything the BBB does is based upon information
[29:02.600 --> 29:07.600]  gotten from the public, not information they construct themselves.
[29:07.600 --> 29:14.000]  So it's possible that somebody is giving them incorrect information, they may not be referring
[29:14.000 --> 29:18.520]  to you, but for whatever reason it's being attached to you.
[29:18.520 --> 29:22.400]  You just need to get them to correct whatever information they've got, find out what it
[29:22.400 --> 29:28.800]  is and where it was obtained because normally the BBB will send you information regarding
[29:28.800 --> 29:36.200]  any complaint or anything sent to them regarding you, especially if it's a complaint because
[29:36.200 --> 29:40.720]  they have to give you time to rebut the complaint and offer a response.
[29:40.720 --> 29:42.160]  Right, yes.
[29:42.160 --> 29:48.760]  So to my knowledge, if they're telling you that you have such and such rating, then there's
[29:48.760 --> 29:53.600]  probably some other entity out there that has the same name or a very similar name to
[29:53.600 --> 29:58.160]  yours and they just made a presumption when you told them who you were that you are one
[29:58.160 --> 30:01.160]  and the same.
[30:01.160 --> 30:05.760]  Right and send them documentation that you have to prove that you've been in business
[30:05.760 --> 30:09.440]  for 20 years and make them correct that.
[30:09.440 --> 30:10.480]  And I'm sure they will.
[30:10.480 --> 30:15.600]  You probably will not have to take them to court or file anything, you probably will
[30:15.600 --> 30:18.120]  not have to take any action against them.
[30:18.120 --> 30:22.000]  I'm sure that if you can just send them documentation to show you've been in business for 20 years,
[30:22.000 --> 30:24.280]  they'll correct the information and change the rating.
[30:24.280 --> 30:29.240]  Yes, that's kind of what I figured I'd probably do.
[30:29.240 --> 30:38.600]  And you may want to join the Better Business, okay, and it would serve you to get yourself
[30:38.600 --> 30:42.040]  a little knowledge concerning the Internet and things like that.
[30:42.040 --> 30:43.920]  You might want to post a website.
[30:43.920 --> 30:50.560]  It will help drive traffic to your business so that you can understand how this works
[30:50.560 --> 30:56.180]  and how people are finding you and correct any faulty information that may be out there
[30:56.180 --> 30:58.600]  concerning your business or yourself, okay?
[30:58.600 --> 30:59.600]  That sounds good.
[30:59.600 --> 31:01.280]  Well, I sure appreciate your help.
[31:01.280 --> 31:03.280]  Okay, you're welcome, Steve.
[31:03.280 --> 31:04.280]  Okay, bye.
[31:04.280 --> 31:05.280]  All right, bye-bye.
[31:05.280 --> 31:07.680]  Okay, we're going to move on to other callers now.
[31:07.680 --> 31:10.080]  We're going to go to Christian in Texas.
[31:10.080 --> 31:11.720]  Christian, thanks for calling in.
[31:11.720 --> 31:12.720]  What's on your mind tonight?
[31:12.720 --> 31:13.720]  Hello.
[31:13.720 --> 31:14.720]  How are you doing, Randy?
[31:14.720 --> 31:15.720]  Deborah?
[31:15.720 --> 31:16.720]  Doing well.
[31:16.720 --> 31:20.960]  First of all, I'd like to make a correction.
[31:20.960 --> 31:21.960]  I'm not in Texas.
[31:21.960 --> 31:24.960]  I'm in Florida.
[31:24.960 --> 31:25.960]  All right.
[31:25.960 --> 31:26.960]  Oh.
[31:26.960 --> 31:27.960]  I'm in Florida.
[31:27.960 --> 31:30.960]  If we'd have known that, we wouldn't even have taken your call.
[31:30.960 --> 31:31.960]  Oh, dear.
[31:31.960 --> 31:32.960]  Okay, just kidding.
[31:32.960 --> 31:37.960]  Florida is the southernmost northern state.
[31:37.960 --> 31:38.960]  Okay.
[31:38.960 --> 31:42.600]  We have a little bit of sunshine here.
[31:42.600 --> 31:45.200]  We speak your accent.
[31:45.200 --> 31:50.280]  I used to live up north, so I can understand your strange foreign Yankee accent.
[31:50.280 --> 31:51.280]  So did I.
[31:51.280 --> 31:52.280]  I'm from Ohio originally.
[31:52.280 --> 31:54.960]  Okay, enough abusing our guests.
[31:54.960 --> 31:55.960]  All right.
[31:55.960 --> 32:06.360]  Title 16, USC 2432, in the definition of vessels of the United States under 10, it says that
[32:06.360 --> 32:13.520]  the term vessel of the United States means under A3, a citizen or national of the United
[32:13.520 --> 32:14.520]  States.
[32:14.520 --> 32:19.640]  That's the problem is that we're not...
[32:19.640 --> 32:24.440] ... territory or commonwealth or possessions of the United States and any state or political
[32:24.440 --> 32:26.920]  subdivision thereof.
[32:26.920 --> 32:33.640]  Yeah, but the thing is, is we're not citizens of the United States.
[32:33.640 --> 32:38.200]  But the straw man is.
[32:38.200 --> 32:39.200]  Based on what criteria?
[32:39.200 --> 32:42.200]  The old man's name is.
[32:42.200 --> 32:48.320]  He is the vessel.
[32:48.320 --> 32:57.880]  Okay, wait, simply because he's the vessel, what does that mean in terms of maritime?
[32:57.880 --> 33:01.320]  Well, there's your tie in to the maritime.
[33:01.320 --> 33:02.320]  No.
[33:02.320 --> 33:08.680]  Randy's saying the case law says the water is what invokes the jurisdiction of maritime,
[33:08.680 --> 33:10.520]  not just the vessel.
[33:10.520 --> 33:15.360]  And there's case laws showing about dry docks and things like that where they could not
[33:15.360 --> 33:16.920]  invoke maritime law.
[33:16.920 --> 33:20.000]  Yeah, it's navigable waters.
[33:20.000 --> 33:26.440]  Yeah, that's the misconception, but I don't think it's a problem.
[33:26.440 --> 33:31.960]  The only thing about that maritime lien is that it would stand first in line first in
[33:31.960 --> 33:32.960]  time.
[33:32.960 --> 33:34.680]  That's really the only advantage.
[33:34.680 --> 33:43.040]  Yeah, nobody's really trying to execute the lien.
[33:43.040 --> 33:47.720]  It's more fun to have the lien there causing them major grief.
[33:47.720 --> 33:54.280]  You try to execute that lien and you're going to have to pay court costs and spend time
[33:54.280 --> 33:58.200]  and money and it's going to be expensive.
[33:58.200 --> 34:02.240]  On the other hand, if you leave it there, the other side, if they want to get rid of
[34:02.240 --> 34:04.840]  the lien, it's going to cost them time and money.
[34:04.840 --> 34:06.120]  It's going to be expensive.
[34:06.120 --> 34:12.480]  See, the thing is, I don't really understand why it's a big deal to have your lien first
[34:12.480 --> 34:17.880]  in line anyway because if there are other liens in line, they're still going to eventually
[34:17.880 --> 34:25.360]  have to deal with yours and if it's so huge that it eats up more of their bond, if it's
[34:25.360 --> 34:31.880]  a larger amount than what the bond is worth, it's still going to cause enormous problems
[34:31.880 --> 34:34.920]  for them even if they take care of the other liens first.
[34:34.920 --> 34:41.480]  I really don't see what the real advantage is of having your lien first in line because
[34:41.480 --> 34:42.480]  it's still going to be there.
[34:42.480 --> 34:44.480]  They're still going to have to deal with it no matter what.
[34:44.480 --> 34:47.840]  Okay, let's go to an admulty jurisdiction case.
[34:47.840 --> 34:51.240]  Let's go to North Pacific Steamship versus Hall Brothers Marine.
[34:51.240 --> 34:52.240]  What year?
[34:52.240 --> 34:56.480]  That the repairs at Dry Dock count as admulty claims.
[34:56.480 --> 35:00.640]  It does not matter if Dry Dock or a float.
[35:00.640 --> 35:08.240]  Whoa, I got another one that says absolutely the opposite.
[35:08.240 --> 35:10.920]  Let me go to admulty.
[35:10.920 --> 35:15.720]  He's killed working on a ship in Dry Dock.
[35:15.720 --> 35:25.720]  The estate sues under maritime and the court held that since it was in Dry Dock, it's not
[35:25.720 --> 35:27.760]  salty enough.
[35:27.760 --> 35:29.920]  It wasn't on the navigable waters.
[35:29.920 --> 35:31.960]  It's not water enough.
[35:31.960 --> 35:32.960]  It's different.
[35:32.960 --> 35:35.760]  There is that Dry Dock count as admulty claims.
[35:35.760 --> 35:38.360]  It does not matter if Dry Dock or a float.
[35:38.360 --> 35:40.800]  Okay, give me the citation.
[35:40.800 --> 35:41.800]  It's maritime.
[35:41.800 --> 35:42.800]  It's not maritime.
[35:42.800 --> 35:45.200]  Give me the citation so I can pull it up.
[35:45.200 --> 35:47.320]  The airing ship is maritime.
[35:47.320 --> 35:51.920]  Once a ship is launched, issues about ship are maritime.
[35:51.920 --> 35:53.880]  This ship wasn't launched.
[35:53.880 --> 35:56.800]  Was that Cossack versus United Fruit?
[35:56.800 --> 35:59.840]  What is the citation you have?
[35:59.840 --> 36:01.840]  Okay, North Pacific Steamship.
[36:01.840 --> 36:07.680]  No, not the name, the number citation.
[36:07.680 --> 36:08.680]  That's all I've got right here.
[36:08.680 --> 36:10.880]  I'd have to check it out further.
[36:10.880 --> 36:11.880]  North Pacific Fruit?
[36:11.880 --> 36:12.880]  Yes, North Pacific Steamship.
[36:12.880 --> 36:13.880]  Wait a minute.
[36:13.880 --> 36:14.880]  North Pacific Steamship?
[36:14.880 --> 36:15.880]  Yes, three words.
[36:15.880 --> 36:16.880]  Who was the other entity?
[36:16.880 --> 36:17.880]  Versus Hall Brothers Marine.
[36:17.880 --> 36:18.880]  Hall Brothers, okay.
[36:18.880 --> 36:19.880]  Do you know what year that was?
[36:19.880 --> 36:20.880]  1919.
[36:20.880 --> 36:21.880]  Too old.
[36:21.880 --> 36:22.880]  All right, let's-
[36:22.880 --> 36:23.880]  We need to have newer cases.
[36:23.880 --> 36:43.240]  Post-1966 would be preferable.
[36:43.240 --> 36:44.240]  Okay.
[36:44.240 --> 36:59.800]  Okay, I will look that up because I've got some more recent case law that seems to change
[36:59.800 --> 37:10.640]  that and they're saying that if it's not on the navigable waters, maritime is not invoked.
[37:10.640 --> 37:11.640]  Okay.
[37:11.640 --> 37:14.360]  Now, here's where we come into the Commerce Clause.
[37:14.360 --> 37:19.600]  Are you familiar with the Commerce Clause?
[37:19.600 --> 37:20.600]  I'm not sure which-
[37:20.600 --> 37:23.320]  Are you talking about the Interstate Commerce Clause?
[37:23.320 --> 37:24.320]  Yes.
[37:24.320 --> 37:25.320]  Yes.
[37:25.320 --> 37:26.320]  Oh, okay.
[37:26.320 --> 37:27.320]  Yes.
[37:27.320 --> 37:28.320]  Okay.
[37:28.320 --> 37:29.320]  Go.
[37:29.320 --> 37:34.960]  Well, it went off kind of like the top of my head here now.
[37:34.960 --> 37:42.160]  Your interpretation of the Commerce Clause is now broadly interpreted to be all navigable
[37:42.160 --> 37:49.960]  waters but it's carrying it into carriage of the goods and now really all your roads
[37:49.960 --> 37:51.840]  have become navigable waters-
[37:51.840 --> 37:52.840]  No.
[37:52.840 --> 37:53.840]  No.
[37:53.840 --> 37:54.840]  That is-
[37:54.840 --> 37:55.840]  Tidal.
[37:55.840 --> 37:56.840]  A misreading of the case.
[37:56.840 --> 38:04.720]  In the case, it only applies if the goods were shipped from the sea and then part of
[38:04.720 --> 38:07.240]  the destination was shipped over land.
[38:07.240 --> 38:15.960]  Okay, but now under the Commerce Clause, the states can regulate manufacturing, production,
[38:15.960 --> 38:21.280]  but the transportation of goods is coming under the broad interpretation of the Commerce
[38:21.280 --> 38:22.280]  Clause.
[38:22.280 --> 38:23.280]  Okay.
[38:23.280 --> 38:27.960]  And that's why they call companies that ship goods, shipping companies.
[38:27.960 --> 38:28.960]  Yeah.
[38:28.960 --> 38:29.960]  Transportation.
[38:29.960 --> 38:35.720]  Well, they also, but the legal term they use is not shipping companies.
[38:35.720 --> 38:36.720]  It's common carrier.
[38:36.720 --> 38:42.920]  Common carriers under the carriage of the Commerce Clause.
[38:42.920 --> 38:43.920]  Okay.
[38:43.920 --> 38:48.360]  What I got is a bunch of stuff here.
[38:48.360 --> 38:52.600]  I'll put it all together and send it to you and review it and then we'll talk about it
[38:52.600 --> 38:53.600]  another time.
[38:53.600 --> 38:54.600]  Okay.
[38:54.600 --> 38:55.600]  I've got the case here.
[38:55.600 --> 39:01.520]  The question in dispute is whether a claim thus grounded is a subject of Admiralty jurisdictions.
[39:01.520 --> 39:07.480]  Appellant's contention being that the contract, or at least an essential part of it, was for
[39:07.480 --> 39:13.480]  the use by appellant of Livellint's Marine Railway, shipyard, equipment, and laborers
[39:13.480 --> 39:18.680]  in such manner as appellant might choose to employ them, and that it called for the performance
[39:18.680 --> 39:23.140]  of no marine service by Livellint.
[39:23.140 --> 39:28.760]  The Constitution, Article 3, Section 2, extends the judicial power of the United States to
[39:28.760 --> 39:31.440]  all cases of Admiralty and maritime jurisdiction.
[39:31.440 --> 39:37.040]  The legislation enacted by Congress for carrying the power into execution has been equally
[39:37.040 --> 39:38.040]  extensive.
[39:38.040 --> 39:46.080]  Article Act of September 24th, 1789.
[39:46.080 --> 39:51.400]  In defining the bounds of civil jurisdiction, the court from an early day has rejected those
[39:51.400 --> 39:57.640]  trammels that arose from the restrictive statutes and judicial prohibitions of England.
[39:57.640 --> 40:04.120]  It must be taken to be settled law of this court that while the civil jurisdiction of
[40:04.120 --> 40:09.760]  the Admiralty in matters of tort depends on locality, rather the tort was committed upon
[40:09.760 --> 40:11.800]  navigable waters.
[40:11.800 --> 40:17.120]  In matter of contract, it depends upon the subject matter, the nature and character of
[40:17.120 --> 40:22.880]  the contract, and that the English rule which concedes jurisdiction with few exceptions
[40:22.880 --> 40:30.040]  only to contracts made to be executed upon the navigable waters is inadmissible in the
[40:30.040 --> 40:35.280]  true criterion being the nature of the contract is to whether it have reference to maritime
[40:35.280 --> 40:37.800]  service or maritime transactions.
[40:37.800 --> 40:46.040]  It always goes to transport on navigable waters.
[40:46.040 --> 40:49.040]  That's where the hinge is on the navigable waters definition.
[40:49.040 --> 40:50.680]  Yes, always.
[40:50.680 --> 40:51.680]  Every case.
[40:51.680 --> 40:54.280]  This is the case you called up.
[40:54.280 --> 40:56.320]  They always go to navigable waters.
[40:56.320 --> 40:58.680]  You can't get away from that.
[40:58.680 --> 41:03.240]  And calling a courthouse a vessel won't get it done.
[41:03.240 --> 41:09.840]  Calling just because it's a vessel makes no difference.
[41:09.840 --> 41:11.200]  It has to be navigable waters.
[41:11.200 --> 41:13.800]  I can't find another way to get to it.
[41:13.800 --> 41:14.800]  You're right.
[41:14.800 --> 41:15.800]  Yeah.
[41:15.800 --> 41:16.800]  I'd like to, frankly.
[41:16.800 --> 41:21.160]  It brings in the highways under the navigable waters.
[41:21.160 --> 41:25.680]  No, highways are not navigable waters.
[41:25.680 --> 41:26.880]  This is navigable water.
[41:26.880 --> 41:27.880]  They mean water.
[41:27.880 --> 41:29.080]  They don't mean road.
[41:29.080 --> 41:30.960]  They don't mean hard surface.
[41:30.960 --> 41:31.960]  They mean water.
[41:31.960 --> 41:35.080]  Okay, definition of the term is commerce.
[41:35.080 --> 41:39.360]  Entomology of the word commerce carries the primary meaning of traffic, transportation
[41:39.360 --> 41:42.000]  of goods across eight lines per sail.
[41:42.000 --> 41:47.400]  This possible narrow constitutional conception was rejected by Chief Justice Marshall in
[41:47.400 --> 41:55.040]  Gibbons versus Ogden, which remains one of the cases dealing with the Constitution.
[41:55.040 --> 42:01.520]  Jumping down farther, it says, where he's quoted, the subject to be regulated is commerce.
[42:01.520 --> 42:08.240]  Justice wrote, the counsel for the appellate would be limited to a traffic to buy and selling
[42:08.240 --> 42:14.280]  or the interchange of commodities and do not admit that the comprehends navigation.
[42:14.280 --> 42:21.880]  This would restrict a general term applicable to many objects to one of its significations.
[42:21.880 --> 42:25.400]  Commerce undoubtedly is traffic, but it is something more.
[42:25.400 --> 42:31.120]  It is intercourse, and the term therefore includes navigation.
[42:31.120 --> 42:36.880]  The conclusion that Marshall also supported by appeal to general understanding to the
[42:36.880 --> 42:43.040]  prohibition in Article 1, Section 9, against any preference to being given to any regulation
[42:43.040 --> 42:49.160]  of commerce or revenue to the ports of one state over another and to admit that trade
[42:49.160 --> 42:51.360]  power of Congress to impose embargoes.
[42:51.360 --> 42:58.960]  Okay, well that goes to if you're in a ship and you're passing down the coast and you
[42:58.960 --> 43:05.400]  essentially cross where a state line would be if it extended out over the water, then
[43:05.400 --> 43:13.660]  you're in interstate commerce, but it still doesn't bring, it still doesn't bring maritime
[43:13.660 --> 43:16.640]  onto the land, and that's what I can't find.
[43:16.640 --> 43:20.440]  Well, we're not connecting the dots.
[43:20.440 --> 43:23.640]  That's true.
[43:23.640 --> 43:24.640]  That's always been my problem.
[43:24.640 --> 43:29.640]  There's dots that never got collected.
[43:29.640 --> 43:30.640]  Go ahead.
[43:30.640 --> 43:31.640]  I stepped on you.
[43:31.640 --> 43:32.640]  Okay.
[43:32.640 --> 43:33.640]  Wait a minute.
[43:33.640 --> 43:34.640]  Listen.
[43:34.640 --> 43:35.640]  Listen.
[43:35.640 --> 43:36.640]  We're going to break, guys.
[43:36.640 --> 43:37.640]  We're going to break.
[43:37.640 --> 43:38.640]  Stay there, Christian.
[43:38.640 --> 43:39.640]  Okay?
[43:39.640 --> 43:40.640]  And other callers, if you'd like to call in and join in the discussion.
[43:40.640 --> 43:45.640]  If you have other questions, 512-646-1984.
[43:45.640 --> 43:55.640]  We'll be right back.
[43:55.640 --> 44:04.600]  Attention, an important product from hempusa.org, micro plant powder, will change your life
[44:04.600 --> 44:10.280]  by removing all types of positive toxins such as heavy metals, parasites, bacteria, viruses
[44:10.280 --> 44:15.040]  and fungus from the digestive tract and stomach wall so you can absorb nutrients.
[44:15.040 --> 44:20.360]  Micro plant powder is 89% silica and packed with a negative charge that attracts positive
[44:20.360 --> 44:23.640]  toxins from the blood, organs, spine and brain.
[44:23.640 --> 44:28.460]  This product has the ability to rebuild cartilage and bone, which allows synovial fluid to return
[44:28.460 --> 44:29.960]  to the joints.
[44:29.960 --> 44:34.280]  Silica is a precursor to calcium, meaning the body turns silica into calcium and is
[44:34.280 --> 44:35.680]  great for the heart.
[44:35.680 --> 44:40.560]  There is no better time than now to have micro plant powder on your shelf or in your storage
[44:40.560 --> 44:41.560]  shelter.
[44:41.560 --> 44:44.880]  And with an unlimited shelf life, you can store it anywhere.
[44:44.880 --> 44:50.160]  Call 908-691-2608 or visit hempusa.org.
[44:50.160 --> 44:52.240]  It's a great way to change your life.
[44:52.240 --> 45:21.160]  So call 908-691-2608 or visit us at hempusa.org today.
[45:22.240 --> 45:42.960]  Okay, we are back.
[45:42.960 --> 45:44.960]  Rule of law.
[45:44.960 --> 45:53.240]  We're speaking with Christian right now in Florida and we're discussing the issue of
[45:53.240 --> 45:54.240]  maritime law.
[45:54.240 --> 45:56.120]  All right, Christian, you were speaking.
[45:56.120 --> 45:57.120]  Please go ahead.
[45:57.120 --> 45:58.120]  And also, wait a minute.
[45:58.120 --> 45:59.280]  Before you go, I want to make an announcement.
[45:59.280 --> 46:04.760]  Our guest C did call in just a little while ago and she had unmitigating circumstances
[46:04.760 --> 46:08.800]  that prevented her from coming on the air tonight, but she is going to be our guest
[46:08.800 --> 46:11.720]  on Monday evening, straight up 8 p.m.
[46:11.720 --> 46:15.840]  So listeners, please listen Monday evening for our guest C and she will be explaining
[46:15.840 --> 46:18.840]  the process of revocation of power of attorney.
[46:18.840 --> 46:19.840]  Very, very important.
[46:19.840 --> 46:20.840]  Okay, so go ahead, Christian.
[46:20.840 --> 46:21.840]  Yeah, Marshall continued on.
[46:21.840 --> 46:30.360]  He was talking about qualifying the word intercourse then with the word commercial.
[46:30.360 --> 46:34.320]  And that's retaining the element of monetary transactions.
[46:34.320 --> 46:35.320]  But he goes on down far.
[46:35.320 --> 46:42.080]  He says that interstate commerce covers every species of movement of persons and things,
[46:42.080 --> 46:45.480]  whether for profit or not, across state lines.
[46:45.480 --> 46:50.440]  And every species of communication, every species of transmission of intelligence, whether
[46:50.440 --> 46:56.560]  for commercial purposes or otherwise, every species of commercial negotiation which will
[46:56.560 --> 47:03.960]  involve sooner or later an act of transportation of persons or things or the flow of services
[47:03.960 --> 47:06.360]  or power across state lines.
[47:06.360 --> 47:07.360]  Flow?
[47:07.360 --> 47:10.040]  I wonder why he used that word.
[47:10.040 --> 47:12.160]  Where are you getting this?
[47:12.160 --> 47:14.200]  I'm quoting from Marshall.
[47:14.200 --> 47:20.800]  Okay, but what you're quoting still speaks of interstate commerce and the commerce clause,
[47:20.800 --> 47:21.800]  not of maritime.
[47:21.800 --> 47:28.120]  Well, it comes in to tie in down farther yet and I don't know how to review all this and
[47:28.120 --> 47:29.680]  give it all to you.
[47:29.680 --> 47:38.880]  Okay, now I've been looking for a way to pull the maritime onto the land, but I haven't
[47:38.880 --> 47:39.880]  found it.
[47:39.880 --> 47:40.880]  I've been watching this document.
[47:40.880 --> 47:42.200]  I'm really unfamiliar with it right now.
[47:42.200 --> 47:48.480]  I'm just kind of like reviewing it for what I can pull out from what I remember.
[47:48.480 --> 47:58.880]  And here, the case you brought up, I shepherded it and it was criticized and questioned in
[47:58.880 --> 48:00.880]  this one case.
[48:00.880 --> 48:07.760]  The only question is whether the transaction relates to ships and vessels, masters and
[48:07.760 --> 48:12.560]  mariners as the agents of commerce.
[48:12.560 --> 48:15.520]  That's how you get, that's how they're saying you get to maritime.
[48:15.520 --> 48:20.960]  As matters of contract, it depends on the subject matter, the nature and character of
[48:20.960 --> 48:26.120]  the contract, the true criteria being of the contractors to whether it have reference to
[48:26.120 --> 48:29.160]  maritime service or maritime transactions.
[48:29.160 --> 48:34.600]  So, what they're doing is they're tying maritime into commerce here.
[48:34.600 --> 48:41.960]  To invoke admiralty jurisdiction, the contract must be wholly maritime in nature and relate
[48:41.960 --> 48:50.160]  to trade and commerce upon navigable waters, Ingasol, Machining, the Bodina.
[48:50.160 --> 48:53.960]  The navigable waters is just strictly H2O.
[48:53.960 --> 48:56.360]  This is 1987.
[48:56.360 --> 49:02.080]  Navigable waters is anything which can be traversed by a vessel such as a ship or some
[49:02.080 --> 49:05.040]  other mode of transporting goods.
[49:05.040 --> 49:06.040]  That's navigable waters.
[49:06.040 --> 49:10.560]  It didn't have to be, it could be landlocked and it didn't reflect anything.
[49:10.560 --> 49:11.640]  That's not navigable.
[49:11.640 --> 49:14.440]  You can't move from one body of water to the next.
[49:14.440 --> 49:16.840]  That's what makes it navigable.
[49:16.840 --> 49:22.080]  A river is navigable because it travels and traverses more than one location.
[49:22.080 --> 49:27.960]  Yeah, but a lake is not navigable unless it's part of a river system.
[49:27.960 --> 49:30.080]  The Great Lakes are navigable.
[49:30.080 --> 49:34.880]  Where Marshall is talking about it, among the several states was not one which would
[49:34.880 --> 49:41.280]  probably have been selected to indicate the completely interior traffic of a state.
[49:41.280 --> 49:48.640]  It must be therefore have been selected to mark the exclusive internal commercial commerce
[49:48.640 --> 49:49.640]  of the state.
[49:49.640 --> 49:55.360]  While, of course, the phrase may very properly be restricted that commerce which concerns
[49:55.360 --> 50:01.640]  more than states that one, it is obvious that commerce among the states cannot stop at the
[50:01.640 --> 50:06.640]  exterior boundary line of each state but may be introduced into the interior.
[50:06.640 --> 50:09.160]  Yeah, but that just goes to commerce.
[50:09.160 --> 50:10.800]  We're still talking commerce.
[50:10.800 --> 50:16.600]  We're not talking maritime and what you're talking of is the distinction between interstate
[50:16.600 --> 50:20.480]  commerce and intrastate commerce.
[50:20.480 --> 50:24.680]  It becomes interstate once it leaves one state for another.
[50:24.680 --> 50:30.240]  If it remains for whatever reason entirely within the state, it's intrastate.
[50:30.240 --> 50:33.040]  None of that speaks directly to maritime.
[50:33.040 --> 50:38.240]  All you're dealing with is the commercial side of commerce.
[50:38.240 --> 50:39.240]  That's all.
[50:39.240 --> 50:41.200]  That's all you're talking about so far.
[50:41.200 --> 50:46.320]  Well, the article goes on.
[50:46.320 --> 50:48.520]  It's quite lengthy.
[50:48.520 --> 50:51.040]  But do you have the word maritime in there anywhere?
[50:51.040 --> 50:56.640]  Well, I haven't reviewed the whole document again so it's not fresh in my mind.
[50:56.640 --> 50:57.640]  This is off point.
[50:57.640 --> 50:58.640]  This is not...
[50:58.640 --> 51:06.280]  It's taken us to commerce, sure, but commerce doesn't necessarily take us to maritime.
[51:06.280 --> 51:14.080]  This is a shepardized new case and it's very clear here.
[51:14.080 --> 51:22.440]  To invoke maritime jurisdiction, the contract must be wholly maritime in nature and relate
[51:22.440 --> 51:27.800]  to trade and commerce upon navigable waters.
[51:27.800 --> 51:37.200]  Every case I read about maritime has that in common, navigable waters.
[51:37.200 --> 51:41.400]  Don't say anything about the vessel.
[51:41.400 --> 51:44.200]  It's the same, that I can't get away from.
[51:44.200 --> 51:50.000]  Well, we just gave a definition that all persons, all US persons are vessels.
[51:50.000 --> 51:51.000]  And I just read earlier...
[51:51.000 --> 51:52.000]  It's not the vessel.
[51:52.000 --> 51:53.000]  It's not the vessel.
[51:53.000 --> 51:54.000]  It's the water.
[51:54.000 --> 52:00.120]  For commercial persons or otherwise, every species of commercial negotiation, which will
[52:00.120 --> 52:05.800]  involve sooner or later an act of transportation of person, and a person is a United States
[52:05.800 --> 52:06.800]  citizen.
[52:06.800 --> 52:13.680]  So, transportation of persons or things or the flow of services or power across the state
[52:13.680 --> 52:14.680]  line.
[52:14.680 --> 52:15.680]  That's just state commerce.
[52:15.680 --> 52:21.720]  But what Randy is saying is that it's not the vessel that invokes the maritime jurisdiction.
[52:21.720 --> 52:26.120]  It's the navigable water that invokes the maritime jurisdiction.
[52:26.120 --> 52:27.120]  That's the case law.
[52:27.120 --> 52:31.640]  So, just because there's a vessel, it doesn't mean that it necessarily invokes navigable
[52:31.640 --> 52:32.640]  water.
[52:32.640 --> 52:33.640]  I mean, it invokes maritime law.
[52:33.640 --> 52:36.800]  It has to be associated with the navigable water part.
[52:36.800 --> 52:37.800]  Yeah.
[52:37.800 --> 52:41.200]  If the queen invited you to high tea, you don't drink the teapot.
[52:41.200 --> 52:42.960]  You drink the tea that's in it.
[52:42.960 --> 52:47.000]  The teapot's the vessel, but it's got nothing to do with what you're there for.
[52:47.000 --> 52:51.600]  Well, is the teapot not filled with water?
[52:51.600 --> 52:55.000]  The teapot's filled with the tea was what you were invited to share.
[52:55.000 --> 52:57.240]  Yeah, but see...
[52:57.240 --> 53:03.640]  We need to have a little bit more stronger case law here that actually links and ties
[53:03.640 --> 53:07.160]  commerce to the maritime a little bit more.
[53:07.160 --> 53:09.840]  How much more clear does it have to get?
[53:09.840 --> 53:18.200]  To invoke admiralty jurisdiction, the contract must be wholly maritime in nature and relate
[53:18.200 --> 53:22.320]  to trade and commerce upon navigable water.
[53:22.320 --> 53:23.880]  Navigable.
[53:23.880 --> 53:25.800]  How much more clear can it get?
[53:25.800 --> 53:27.600]  What year is that case, Randy?
[53:27.600 --> 53:28.600]  1987.
[53:28.600 --> 53:34.400]  Okay, so any other case that's previous to that, we can't even take it into consideration.
[53:34.400 --> 53:40.720]  We have to shepardize the case law that we are using or trying to use to back up our
[53:40.720 --> 53:41.720]  position.
[53:41.720 --> 53:44.040]  So you don't like a 1919 case?
[53:44.040 --> 53:45.040]  No.
[53:45.040 --> 53:46.040]  You can't use it.
[53:46.040 --> 53:48.040]  That's what shepardizing means because...
[53:48.040 --> 53:50.200]  It's okay if it's still good.
[53:50.200 --> 53:54.320]  If it's still good, but the point is, this is what shepardizing is.
[53:54.320 --> 53:57.240]  This is legal research, okay?
[53:57.240 --> 53:59.160]  Cases get overturned, okay?
[53:59.160 --> 54:06.440]  We can't pull out a case that has been overturned and try to claim it as a firm basis in law
[54:06.440 --> 54:11.080]  to support our position because if the cases are overturned, it's no longer good.
[54:11.080 --> 54:12.720]  That's what shepardizing means.
[54:12.720 --> 54:18.920]  You have to look up the cases that are related to it to see if it's been overturned or not.
[54:18.920 --> 54:26.440]  It sounds to me like the case that Randy is quoting has overturned these other cases.
[54:26.440 --> 54:31.640]  That's why it's not really that good of an idea to use old cases because most likely
[54:31.640 --> 54:35.440]  they don't apply anymore, but at the least if you are going to use an old case, you better
[54:35.440 --> 54:36.440]  shepardize it.
[54:36.440 --> 54:40.800]  You better shepardize every case that you use to back up your point.
[54:40.800 --> 54:48.600]  Okay, here's Navigable Waters and LeBlanc versus Cleveland, 1999 case where navigable
[54:48.600 --> 54:54.640]  requires that the body of water be capable of supporting commercial maritime activity,
[54:54.640 --> 55:04.280]  now not just historically, and can have seasonably non-navigability, but if not normally navigable
[55:04.280 --> 55:09.000]  and just occasionally navigable, then no admiralty jurisdiction.
[55:09.000 --> 55:12.680]  Yes, see it?
[55:12.680 --> 55:13.680]  Everything goes to the water.
[55:13.680 --> 55:14.680]  Oh, yeah.
[55:14.680 --> 55:15.680]  Right.
[55:15.680 --> 55:16.680]  I agree with that.
[55:16.680 --> 55:20.680]  We just can't get around it.
[55:20.680 --> 55:27.880]  It frustrates me that all of these people are promoting admiralty law and some of the
[55:27.880 --> 55:37.880]  case law I've read on that, the states were very concerned about maritime law being applied
[55:37.880 --> 55:43.320]  because in the maritime you don't get a lot of your rights are just bypassed.
[55:43.320 --> 55:50.080]  Well, see, I don't understand why we need, I don't understand what the big deal is about
[55:50.080 --> 55:57.880]  wanting to invoke this maritime law anyway in regards to these liens because a regular
[55:57.880 --> 56:03.320]  commercial lien, to me, it's still going to have the same effect within the strategy.
[56:03.320 --> 56:04.320]  Why?
[56:04.320 --> 56:08.560]  What's the big deal about wanting to invoke maritime law so bad anyway?
[56:08.560 --> 56:11.960]  Can you explain what the advantage could be?
[56:11.960 --> 56:15.640]  I'm sorry, say that again?
[56:15.640 --> 56:20.840]  When you're in court under maritime law, you're under for a breach of contract.
[56:20.840 --> 56:21.840]  I don't understand.
[56:21.840 --> 56:24.160]  You can sue someone for a breach of contract.
[56:24.160 --> 56:30.320]  In statutory, maritime and civil has been combined.
[56:30.320 --> 56:33.000]  You can sue someone in the civil court for breach of contract.
[56:33.000 --> 56:34.000]  I don't understand.
[56:34.000 --> 56:35.000]  Yes.
[56:35.000 --> 56:40.800]  Well, let's talk about vessels here under manual versus PAW drilling and well 1998 case
[56:40.800 --> 56:47.480]  where the rig number three with no navigation or propulsion or crew quarters was a vessel
[56:47.480 --> 56:51.560]  for the purpose of admiralty jurisdiction and applicable of the Jones Act.
[56:51.560 --> 56:54.960]  Okay, give me that case.
[56:54.960 --> 56:59.600]  Manuel versus PAW drilling and well.
[56:59.600 --> 57:04.000]  Right, but what I'm saying is that in the civil realm, you can still sue someone for
[57:04.000 --> 57:11.280]  a breach of contract, so I don't see where you're getting advantage.
[57:11.280 --> 57:16.160]  It says to look at purposes for which the craft was constructed and business in which
[57:16.160 --> 57:26.600]  the craft is engaged and a vessel is an artificial contrivance, whether it has a motor or not.
[57:26.600 --> 57:31.280]  Okay, that still doesn't have anything to do with that part of it.
[57:31.280 --> 57:34.440]  No, and I'm not getting my question answered.
[57:34.440 --> 57:39.400]  In the civil arena, you can still sue someone for breach of contract and win with causes
[57:39.400 --> 57:44.400]  of action, so I still don't understand where the advantage is.
[57:44.400 --> 57:50.800]  Do you have a citation number on that, Manuel versus PAW?
[57:50.800 --> 57:59.040]  That one was, Randy, Manuel versus PAW drilling and well.
[57:59.040 --> 58:01.720]  Number, I need the number.
[58:01.720 --> 58:09.280]  I don't have the number on here, 1898K, Fifth Circuit, something.
[58:09.280 --> 58:12.920]  Okay, listen, we're going to break, we have an hour left.
[58:12.920 --> 58:17.320]  Christian, we have like about 10 other callers on the line, so we really need to move on
[58:17.320 --> 58:19.320]  because we've only got an hour left on the show.
[58:19.320 --> 58:21.320]  Okay, all right, well, good luck, guys.
[58:21.320 --> 58:24.320]  Okay, let's discuss this more, maybe to call in on Monday.
[58:24.320 --> 58:25.320]  All right.
[58:25.320 --> 58:26.320]  All right, sure.
[58:26.320 --> 58:27.320]  Okay, all right, thank you.
[58:27.320 --> 58:29.320]  We're going to get no hits on that at all.
[58:29.320 --> 58:30.320]  Okay, we'll be right back.
[58:30.320 --> 58:33.520]  This is the rule of law, Randy Kelton and Deborah Stevens.
[58:33.520 --> 58:34.960]  We got one more hour left.
[58:34.960 --> 58:38.840]  We're going to try jamming all your calls before the end of the show.
[58:38.840 --> 58:43.440]  We've got Doug from Texas, Mike from Illinois, David from Missouri, Charlie from Illinois,
[58:43.440 --> 58:44.440]  Dan from Texas.
[58:44.440 --> 58:46.560]  We're going to take all your calls, not instilling that order.
[58:46.560 --> 58:50.600]  We've got a first-time caller, David from Missouri, we're going to go to him next.
[58:50.600 --> 58:51.600]  And then we'll go to Doug.
[58:51.600 --> 59:09.920]  We'll be right back.
[59:09.920 --> 59:32.560]  All right, good luck, guys.
[59:32.560 --> 59:59.960]  All right, we'll be right back.
[59:59.960 --> 01:00:06.960]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[01:00:06.960 --> 01:00:12.440]  talk radio at its best.
[01:00:12.440 --> 01:00:40.400]  All right, we'll be right back.
[01:00:40.400 --> 01:01:01.440]  All right, we'll be right back.
[01:01:11.400 --> 01:01:24.400]  I can flower field all day long, I can catch catfish from dusk till dawn, make our own whiskey
[01:01:24.400 --> 01:01:34.400]  and our own smoke too, ain't too many things these old boys can't do, we grow good old
[01:01:34.400 --> 01:01:42.400]  tomatoes and homemade wine and country boy can survive, survive, survive.
[01:01:42.400 --> 01:01:47.400]  Okay, we're back, Rule of Law Randy Kelton and Deborah Stevens.
[01:01:47.400 --> 01:01:53.400]  All right, we're going to jam in as many of your calls as we can before the end of the
[01:01:53.400 --> 01:01:54.400]  show.
[01:01:54.400 --> 01:02:01.400]  All right, we're going to go now to David in Missouri, first-time caller, and then we're
[01:02:01.400 --> 01:02:04.400]  going to go to Doug, who's been holding for a long time.
[01:02:04.400 --> 01:02:06.400]  David, thank you for calling in.
[01:02:06.400 --> 01:02:07.400]  What's on your mind tonight?
[01:02:07.400 --> 01:02:13.400]  Well, I've been sitting here listening, and I'm not a scholar by any means, but I've kind
[01:02:13.400 --> 01:02:20.400]  of given it some thought, and I go back to the Bible to kind of get the basics of all
[01:02:20.400 --> 01:02:25.400]  this stuff, and I don't know if anybody's put it all together or not, but if you do
[01:02:25.400 --> 01:02:31.400]  the Bible stories, not as a religion, but just as stories, God flooded the earth with
[01:02:31.400 --> 01:02:33.400]  water, which cleansed it.
[01:02:33.400 --> 01:02:39.400]  I don't know if that means anything, but when Jesus was with the disciples on the ship,
[01:02:39.400 --> 01:02:46.400]  out on the sea was the only place that Satan ever attacked or felt like he could attack,
[01:02:46.400 --> 01:02:50.400]  was out there in the water, and also when he cast the demons into the pigs, where did
[01:02:50.400 --> 01:02:51.400]  they run?
[01:02:51.400 --> 01:03:00.400]  They ran one foot into the sea, and in Revelations 10, I note that an angel has one foot in the
[01:03:00.400 --> 01:03:02.400]  sea and one foot on the land.
[01:03:02.400 --> 01:03:07.400]  Of course, this is in the end days, and he's not allowed to say why.
[01:03:07.400 --> 01:03:14.400]  When he's asked, what does this mean, the writer can't write down what any of it means,
[01:03:14.400 --> 01:03:18.400]  but I think that that's pretty interesting that he has one foot in the sea and one foot
[01:03:18.400 --> 01:03:24.400]  on the land, because you have two separate laws there, definitely two separate laws,
[01:03:24.400 --> 01:03:28.400]  the law of the land and the law of the sea, which look to be an opposite, and there they're
[01:03:28.400 --> 01:03:29.400]  joined.
[01:03:29.400 --> 01:03:33.400]  I just thought that was kind of interesting to step back and look at it from that aspect,
[01:03:33.400 --> 01:03:39.400]  but I do have one question, and that's about a sailor.
[01:03:39.400 --> 01:03:46.400]  If you're enlisted in the Navy, does that multi-law follow the sailor when he's on land,
[01:03:46.400 --> 01:03:48.400]  as long as he's enlisted?
[01:03:48.400 --> 01:03:51.400]  No.
[01:03:51.400 --> 01:03:57.400]  Are you saying if a sailor is on land, is he under maritime?
[01:03:57.400 --> 01:03:58.400]  Yes.
[01:03:58.400 --> 01:04:00.400]  No.
[01:04:00.400 --> 01:04:03.400]  But he is as long as he's on that ship.
[01:04:03.400 --> 01:04:07.400]  When he's on the water, then he goes into maritime.
[01:04:07.400 --> 01:04:13.400]  When he comes off and gets on the land and interacts on the land, he's in the statutory
[01:04:13.400 --> 01:04:15.400]  in equity.
[01:04:15.400 --> 01:04:17.400]  I mean, I'm having some problems.
[01:04:17.400 --> 01:04:22.400]  I have a court case myself going, which is why I was studying all this, and you do see
[01:04:22.400 --> 01:04:25.400]  that gold fringe on the flag, and you're wondering where the heck am I?
[01:04:25.400 --> 01:04:26.400]  Yeah.
[01:04:26.400 --> 01:04:30.400]  I mean, okay, that is misinformation that's been spread.
[01:04:30.400 --> 01:04:36.400]  There is nothing in law that requires a flag in the courtroom.
[01:04:36.400 --> 01:04:42.400]  There's nothing in law that gives a definition of the meaning of a flag in the courtroom.
[01:04:42.400 --> 01:04:49.400]  Have you ever seen a civil flag, though, the American civil flag?
[01:04:49.400 --> 01:04:53.400]  This is just a matter of style.
[01:04:53.400 --> 01:04:58.400]  The flag in the courtroom means absolutely nothing.
[01:04:58.400 --> 01:05:04.400]  Yeah, and maybe in a lot of circumstances, it's true that a flag with the gold fringe
[01:05:04.400 --> 01:05:11.400]  can indicate maritime or admiralty jurisdiction, but that doesn't mean that just because wherever
[01:05:11.400 --> 01:05:16.400]  they put a flag with gold fringe, that that means it's necessarily admiralty jurisdiction.
[01:05:16.400 --> 01:05:21.400]  I mean, like Randy said, there's nothing in law that even requires a flag in the court,
[01:05:21.400 --> 01:05:24.400]  much less defining its style.
[01:05:24.400 --> 01:05:27.400]  That doesn't really mean anything.
[01:05:27.400 --> 01:05:30.400]  Well, that's some of the stuff we're trying to learn out here.
[01:05:30.400 --> 01:05:32.400]  You hear so much of that stuff.
[01:05:32.400 --> 01:05:34.400]  For me, this is a frustration.
[01:05:34.400 --> 01:05:38.400]  We have a lot of information like that out there.
[01:05:38.400 --> 01:05:45.400]  I have a town that is condemning a building that I have, and actually, they've done it without an inspection.
[01:05:45.400 --> 01:05:47.400]  The building inspector pulls up.
[01:05:47.400 --> 01:05:49.400]  The mayor said condemn it.
[01:05:49.400 --> 01:05:57.400]  So the building inspector pulls up, writes a condemned thing, admits in court on a stand under oath that he never inspected it.
[01:05:57.400 --> 01:05:59.400]  Did you sue him?
[01:05:59.400 --> 01:06:01.400]  Well, I'm going to have to, yes.
[01:06:01.400 --> 01:06:03.400]  For misfeasance in office.
[01:06:03.400 --> 01:06:09.400]  They completely, I don't even think he's a legal building inspector because by their statute,
[01:06:09.400 --> 01:06:15.400]  it says that only a police officer or city employee can be a building inspector,
[01:06:15.400 --> 01:06:22.400]  and he admitted on the stand three separate times when I questioned, are you a contractor or employee?
[01:06:22.400 --> 01:06:23.400]  I'm a contractor.
[01:06:23.400 --> 01:06:29.400]  They're telling me I had to go to his house to get the papers about my inspection.
[01:06:29.400 --> 01:06:33.400]  If I wanted any information on the case, go down to his house.
[01:06:33.400 --> 01:06:37.400]  This goes to subject matter jurisdiction.
[01:06:37.400 --> 01:06:45.400]  If this person, it goes to Federal Crop Insurance v. Merrill.
[01:06:45.400 --> 01:06:49.400]  Federal Crop Insurance v. Merrill says if you deal with a public official,
[01:06:49.400 --> 01:06:55.400]  it is your responsibility to determine the limits of his authority.
[01:06:55.400 --> 01:07:01.400]  So we have a duty and a requirement because if we depend on a public official,
[01:07:01.400 --> 01:07:05.400]  being a public official, and he's not, we do that at our peril.
[01:07:05.400 --> 01:07:16.400]  So the first thing you have to do is determine whether or not this person actually has the official authority he claims to have.
[01:07:16.400 --> 01:07:24.400]  And if he does not, he is unable to invoke the subject matter jurisdiction of the court.
[01:07:24.400 --> 01:07:27.400]  You can sue the judge personally.
[01:07:27.400 --> 01:07:29.400]  Well, he totally ignored it.
[01:07:29.400 --> 01:07:37.400]  I mean, I had the building inspector, by title only, of course, admit that he's a contractor.
[01:07:37.400 --> 01:07:39.400]  I put it in my brief.
[01:07:39.400 --> 01:07:42.400]  You know, the judge complimented me on my brief.
[01:07:42.400 --> 01:07:48.400]  I even caught the attorney, which now this is an administrative hearing here on a building.
[01:07:48.400 --> 01:07:52.400]  It's not an actual, this didn't even have a case number.
[01:07:52.400 --> 01:07:58.400]  I had to write for a case number for eight months, and they would not give me any information.
[01:07:58.400 --> 01:07:59.400]  Find a civil suit.
[01:07:59.400 --> 01:08:00.400]  That would get you a case number.
[01:08:00.400 --> 01:08:01.400]  Yeah, I'm going to have to.
[01:08:01.400 --> 01:08:09.400]  I caught the prosecutor or the city attorney who was representing them inserting false evidence.
[01:08:09.400 --> 01:08:15.400]  I caught him on the record live in time, and nobody would do anything about it.
[01:08:15.400 --> 01:08:16.400]  The judge wouldn't do anything about it.
[01:08:16.400 --> 01:08:18.400]  Okay, did you file a bar grievance?
[01:08:18.400 --> 01:08:19.400]  Yes, I did.
[01:08:19.400 --> 01:08:21.400]  A 350-page bar grievance.
[01:08:21.400 --> 01:08:24.400]  Good. Did you file criminal charges against him?
[01:08:24.400 --> 01:08:25.400]  Yes, I did.
[01:08:25.400 --> 01:08:26.400]  What state are you in?
[01:08:26.400 --> 01:08:27.400]  Missouri.
[01:08:27.400 --> 01:08:29.400]  Missouri.
[01:08:29.400 --> 01:08:32.400]  Do you have a grand jury there?
[01:08:32.400 --> 01:08:34.400]  I don't think so.
[01:08:34.400 --> 01:08:35.400]  If you can get to them.
[01:08:35.400 --> 01:08:36.400]  Yeah, there's a grand jury.
[01:08:36.400 --> 01:08:38.400]  There's jury duty, I know that.
[01:08:38.400 --> 01:08:41.400]  Well, that's Pettit Jury.
[01:08:41.400 --> 01:08:43.400]  I was just talking to Ray Hall in Missouri.
[01:08:43.400 --> 01:08:47.400]  I don't think you have a grand jury in Missouri.
[01:08:47.400 --> 01:08:50.400]  Well, yeah, and that's something that needs to be adjudicated seriously in these states
[01:08:50.400 --> 01:08:54.400]  because, I'm sorry, it's in our U.S. Constitution.
[01:08:54.400 --> 01:09:01.400]  It's in the Bill of Rights that no man shall be held to answer for a capital or otherwise infamous crime
[01:09:01.400 --> 01:09:04.400]  without presentment or indictment of a grand jury, period.
[01:09:04.400 --> 01:09:06.400]  Yeah, but that's only in federal.
[01:09:06.400 --> 01:09:07.400]  No, no, no.
[01:09:07.400 --> 01:09:12.400]  The federal government, I'm sorry, the states do not have the right,
[01:09:12.400 --> 01:09:19.400]  the states do not have the authority to undermine rights of protection of life, liberty, and property by our U.S. Constitution.
[01:09:19.400 --> 01:09:25.400]  They can enumerate additional rights and protect additional rights if they so wish,
[01:09:25.400 --> 01:09:31.400]  but the states cannot undermine rights protected by the Bill of Rights of the U.S. Constitution.
[01:09:31.400 --> 01:09:42.400]  The courts address this issue, and they held that the Constitution does not require the state to have a grand jury.
[01:09:42.400 --> 01:09:44.400]  It's not a constitutional requirement.
[01:09:44.400 --> 01:09:48.400]  Well, it needs to be adjudicated again because that's in violation of our U.S. Constitution.
[01:09:48.400 --> 01:09:55.400]  The hearing to, the condemnation hearing on the building, and it wasn't necessarily that they want it.
[01:09:55.400 --> 01:09:58.400]  It's a deep story, and you don't have time to go into it,
[01:09:58.400 --> 01:10:03.400]  but the public officials actually were involved financially with this building.
[01:10:03.400 --> 01:10:08.400]  They want it gone because it's going to cover up something they did once it's gone.
[01:10:08.400 --> 01:10:14.400]  But it did not matter if I went to that hearing or not.
[01:10:14.400 --> 01:10:20.400]  In the administrative hearing process, they were going to have a hearing with or without me about the building,
[01:10:20.400 --> 01:10:24.400]  and they were going to make a determination about the building.
[01:10:24.400 --> 01:10:27.400]  You know, it was a place that confused me.
[01:10:27.400 --> 01:10:33.400]  There was no place for me to insert, not a substantive or anything,
[01:10:33.400 --> 01:10:39.400]  you know, there's no place to insert my rights in that case at the hearing level.
[01:10:39.400 --> 01:10:45.400]  Now, when I sue civilly, of course I will have that opportunity.
[01:10:45.400 --> 01:10:50.400]  But in these administrative hearings, it's like, you know, they're your master, you're the slave,
[01:10:50.400 --> 01:10:53.400]  shut up, sit down, and you're along for the ride.
[01:10:53.400 --> 01:10:57.400]  That's because nobody stung them really good for it.
[01:10:57.400 --> 01:10:59.400]  Well, I've been trying.
[01:10:59.400 --> 01:11:01.400]  The prosecutor's not listening.
[01:11:01.400 --> 01:11:07.400]  The Bar Association told me I needed a lawyer when I put in my complaint.
[01:11:07.400 --> 01:11:09.400]  Of course they're going to tell you that.
[01:11:09.400 --> 01:11:12.400]  That's hilarious.
[01:11:12.400 --> 01:11:14.400]  He was holding up.
[01:11:14.400 --> 01:11:18.400]  See, when I complained that they hadn't inspected it, they canceled my first hearing.
[01:11:18.400 --> 01:11:23.400]  The attorney drove 40 miles to go in the building himself
[01:11:23.400 --> 01:11:26.400]  because the building inspector wouldn't do it because I had scared him.
[01:11:26.400 --> 01:11:31.400]  The attorney can't testify to anything anyway.
[01:11:31.400 --> 01:11:37.400]  The attorney went in the building himself, took the building inspector in there, and took the pictures.
[01:11:37.400 --> 01:11:41.400]  And on the stand, he asked the building inspector, holding the pictures up,
[01:11:41.400 --> 01:11:43.400]  did you take this series of pictures?
[01:11:43.400 --> 01:11:45.400]  And I think there was about 30 pictures.
[01:11:45.400 --> 01:11:48.400]  And the building inspector said yes to every one of them.
[01:11:48.400 --> 01:11:52.400]  And I had caught on by listening to the other people, the witnesses they had had.
[01:11:52.400 --> 01:11:55.400]  I had caught on that this attorney was in this building.
[01:11:55.400 --> 01:11:57.400]  I mean, I had no clue.
[01:11:57.400 --> 01:12:03.400]  When I cross-examined the building inspector, I said, I won't mention names, but was Mr. X attorney,
[01:12:03.400 --> 01:12:05.400]  was he in that building with you?
[01:12:05.400 --> 01:12:07.400]  Building inspector, yes.
[01:12:07.400 --> 01:12:10.400]  And I said, did he take some of those pictures?
[01:12:10.400 --> 01:12:12.400]  And he said yes.
[01:12:12.400 --> 01:12:14.400]  And I said, did he take all the pictures?
[01:12:14.400 --> 01:12:16.400]  And he said, well, I did take some of them.
[01:12:16.400 --> 01:12:20.400]  Now that building inspector just got done saying on the record, under oath,
[01:12:20.400 --> 01:12:23.400]  and entering them indicates that he took every one of them.
[01:12:23.400 --> 01:12:34.400]  Well, if he was present when they were all taken, that won't be a material fact.
[01:12:34.400 --> 01:12:37.400]  So it's not perjury.
[01:12:37.400 --> 01:12:39.400]  Well, it may be simple perjury, not aggravated perjury.
[01:12:39.400 --> 01:12:43.400]  I look at that as that could have been a gun or a knife in his hands, too.
[01:12:43.400 --> 01:12:45.400]  I mean, it's not in his hands.
[01:12:45.400 --> 01:12:47.400]  He didn't take them.
[01:12:47.400 --> 01:12:55.400]  Well, I mean, I see your point, but it frustrates a person whenever I own that property.
[01:12:55.400 --> 01:12:57.400]  I don't owe anybody for that property.
[01:12:57.400 --> 01:13:00.400]  I'm not paying on that property.
[01:13:00.400 --> 01:13:03.400]  And they're going to take it wherever they can.
[01:13:03.400 --> 01:13:08.400]  And it's next door to a bank drive-thru, you know.
[01:13:08.400 --> 01:13:10.400]  I think that that's the end story there.
[01:13:10.400 --> 01:13:12.400]  They want it.
[01:13:12.400 --> 01:13:19.400]  Okay, there is something in Title 18 USC that specifically states that if the
[01:13:19.400 --> 01:13:23.400]  government has no financial interest in the property,
[01:13:23.400 --> 01:13:29.400]  the property cannot be seized and condemned.
[01:13:29.400 --> 01:13:31.400]  And that's 18?
[01:13:31.400 --> 01:13:33.400]  Title 18 USC, it's in there.
[01:13:33.400 --> 01:13:34.400]  I've got it somewhere.
[01:13:34.400 --> 01:13:36.400]  I'd have to look up and find it.
[01:13:36.400 --> 01:13:41.400]  But basically what it amounts to is that eminent domain cannot even be used to
[01:13:41.400 --> 01:13:47.400]  seize the property if the government has no viable financial interest in the property.
[01:13:47.400 --> 01:13:51.400]  What if they're saying that it's just a danger?
[01:13:51.400 --> 01:13:53.400]  They can say whatever they want to.
[01:13:53.400 --> 01:13:55.400]  That doesn't make it so.
[01:13:55.400 --> 01:13:57.400]  It still would have to be something they would prove.
[01:13:57.400 --> 01:14:00.400]  They couldn't just seize the property through condemnation and take it.
[01:14:00.400 --> 01:14:02.400]  Right.
[01:14:02.400 --> 01:14:07.400]  I even sent workers down there, and the police were right down there on them,
[01:14:07.400 --> 01:14:12.400]  questioning them and pulling them to the side, and so I didn't even try.
[01:14:12.400 --> 01:14:15.400]  I mean, they wouldn't let me to comply with anything.
[01:14:15.400 --> 01:14:22.400]  It was just, you know, hang your signs on there and stay away.
[01:14:22.400 --> 01:14:24.400]  Did you have the property posted?
[01:14:24.400 --> 01:14:26.400]  I didn't at the time.
[01:14:26.400 --> 01:14:29.400]  They don't say anything whenever I'm on the actual land,
[01:14:29.400 --> 01:14:36.400]  but if I try to go in the building, the police will be down there in a heartbeat.
[01:14:36.400 --> 01:14:38.400]  They posted the property.
[01:14:38.400 --> 01:14:41.400]  They have a little yellow sticker that says this building is condemned,
[01:14:41.400 --> 01:14:45.400]  can't be lived in, so on and so forth.
[01:14:45.400 --> 01:14:47.400]  But even under condemnation,
[01:14:47.400 --> 01:14:53.400]  they're required to give you a certain amount of time to bring it to code.
[01:14:53.400 --> 01:14:55.400]  Well, they didn't do that either.
[01:14:55.400 --> 01:15:03.400]  They said the first notice said 30 days, tear it down, have grass seed planted, period.
[01:15:03.400 --> 01:15:08.400]  I tried. I even made a complaint, well, not just to the prosecutor,
[01:15:08.400 --> 01:15:15.400]  but I was thinking he made a false inspection the first time,
[01:15:15.400 --> 01:15:18.400]  completely false inspection, and he gave specifics.
[01:15:18.400 --> 01:15:24.400]  Electric wasn't up to code, sewer wasn't up to code, so on and so forth,
[01:15:24.400 --> 01:15:26.400]  in which he admitted he never got a tape measure out
[01:15:26.400 --> 01:15:30.400]  or even stepped foot in the building, you know.
[01:15:30.400 --> 01:15:32.400]  Now you've got aggravated perjury.
[01:15:32.400 --> 01:15:35.400]  Can I get him for mail fraud also?
[01:15:35.400 --> 01:15:39.400]  He'd done a process and certified it, a false process.
[01:15:39.400 --> 01:15:43.400]  Yeah, get the postal inspectors on him, because that's exactly what he did.
[01:15:43.400 --> 01:15:46.400]  Now wait a minute, did he, okay, he did this through the mails?
[01:15:46.400 --> 01:15:48.400]  Yeah, certified.
[01:15:48.400 --> 01:15:51.400]  Oh, okay. Yes.
[01:15:51.400 --> 01:15:54.400]  I was thinking, you know, that's not good.
[01:15:54.400 --> 01:15:59.400]  I wouldn't want to be making a false process and certifying it.
[01:15:59.400 --> 01:16:02.400]  He hasn't had the postal inspectors on him yet.
[01:16:02.400 --> 01:16:04.400]  Well, he's going to.
[01:16:04.400 --> 01:16:08.400]  They will get his attention.
[01:16:08.400 --> 01:16:15.400]  Yeah, now if you can show that that process was sent to one of these public
[01:16:15.400 --> 01:16:20.400]  officials that has the financial interest in your loss of this property
[01:16:20.400 --> 01:16:24.400]  or protection of themselves through the loss of this property,
[01:16:24.400 --> 01:16:29.400]  then you can also probably show conspiracy to commit mail fraud.
[01:16:29.400 --> 01:16:34.400]  The mayor of the town is the one that stole me the property,
[01:16:34.400 --> 01:16:37.400]  and I found out he was charging the lady who owned it
[01:16:37.400 --> 01:16:40.400]  under the threat of condemnation for repairs he didn't do.
[01:16:40.400 --> 01:16:43.400]  Okay, wait a minute, listen, hold on, David, we're going to break.
[01:16:43.400 --> 01:16:44.400]  We're going to break.
[01:16:44.400 --> 01:16:47.400]  All right, and listen, callers, don't drop off the line.
[01:16:47.400 --> 01:16:51.400]  We're going to go into overtime mode if we need to, so hang on the line.
[01:16:51.400 --> 01:16:54.400]  Don't drop off the line, and we'll be right back.
[01:17:21.400 --> 01:17:49.400]  When ordering from survivalgearsource.com,
[01:17:49.400 --> 01:17:53.400]  remember to use promo code ruleoflawradio.com.
[01:17:53.400 --> 01:18:04.400]  Again, that special promo code is ruleoflawradio.com.
[01:18:04.400 --> 01:18:22.400]  Yeah, story for everyone to hear about how we're not going to give in to fear.
[01:18:22.400 --> 01:18:44.400]  I will occupy my father's house until he returns, until he has left me with the strength and with the aid of my concern.
[01:18:44.400 --> 01:18:55.400]  Yeah, I will occupy my father's house until I see his face.
[01:18:55.400 --> 01:19:07.400]  I will guard these walls and fences where he comes to take his place.
[01:19:07.400 --> 01:19:08.400]  Okay, we're back.
[01:19:08.400 --> 01:19:09.400]  We are back.
[01:19:09.400 --> 01:19:13.400]  We'll occupy our father's house until he returns.
[01:19:13.400 --> 01:19:18.400]  Okay, we are speaking now with David in Missouri, and callers, please do not drop off the line.
[01:19:18.400 --> 01:19:20.400]  Hang in there, because we're going to get to everyone's call.
[01:19:20.400 --> 01:19:22.400]  We're going to go to overtime mode if we need to.
[01:19:22.400 --> 01:19:25.400]  Okay, so David, you were speaking before the break.
[01:19:25.400 --> 01:19:27.400]  Please continue.
[01:19:27.400 --> 01:19:34.400]  I was just saying that the mayor in his capacity as mayor in his office, before I bought the building,
[01:19:34.400 --> 01:19:39.400]  an elderly woman from out of state owned it, and I found out after I purchased it,
[01:19:39.400 --> 01:19:43.400]  I purchased it with the suggestion of the mayor, why don't you buy that building,
[01:19:43.400 --> 01:19:47.400]  and we had made a deal that I could haul the debris out to their city dump,
[01:19:47.400 --> 01:19:50.400]  and they was going to help me fix it up and everything.
[01:19:50.400 --> 01:19:54.400]  After I bought it, it was in the process of buying it,
[01:19:54.400 --> 01:20:02.400]  I discovered that he had been charging that elderly woman for repairs under the threat of condemnation,
[01:20:02.400 --> 01:20:05.400]  of condemning it, that was not happening.
[01:20:05.400 --> 01:20:07.400]  He wasn't doing the repairs.
[01:20:07.400 --> 01:20:13.400]  He got about $2,000 out of her and didn't do anything.
[01:20:13.400 --> 01:20:17.400]  I approached him with it, and he said, oh, I feel real bad about that.
[01:20:17.400 --> 01:20:21.400]  Now, we live in small towns, everybody knows everybody.
[01:20:21.400 --> 01:20:26.400]  Wait a minute, you own those repairs he didn't do?
[01:20:26.400 --> 01:20:28.400]  Well, that's what I was thinking.
[01:20:28.400 --> 01:20:30.400]  You bought them?
[01:20:30.400 --> 01:20:31.400]  Mm-hmm.
[01:20:31.400 --> 01:20:33.400]  Yeah, that's fraud.
[01:20:33.400 --> 01:20:37.400]  Can I actually say that about the repair itself, though?
[01:20:37.400 --> 01:20:38.400]  Absolutely.
[01:20:38.400 --> 01:20:45.400]  Okay, see, that was a question, because I thought maybe that that would have went with the purchase.
[01:20:45.400 --> 01:20:47.400]  Yeah, but now they've cut their own throats.
[01:20:47.400 --> 01:20:54.400]  They've actually gone in and photographed and tried to use against you the same evidence that would hang them that the repairs were never done.
[01:20:54.400 --> 01:20:56.400]  Mm-hmm.
[01:20:56.400 --> 01:21:01.400]  Well, as soon as they started this, I started making them make as many mistakes as I could.
[01:21:01.400 --> 01:21:03.400]  I documented everything for eight months.
[01:21:03.400 --> 01:21:06.400]  They denied me access to public records.
[01:21:06.400 --> 01:21:12.400]  I just wrote down every single thing, so I have a good, solid case.
[01:21:12.400 --> 01:21:18.400]  But I can't believe the prosecutor is totally ignoring this situation.
[01:21:18.400 --> 01:21:21.400]  I mean, they are ignoring it.
[01:21:21.400 --> 01:21:23.400]  Oh, I can.
[01:21:23.400 --> 01:21:26.400]  What you do is run the routine on the prosecutor.
[01:21:26.400 --> 01:21:36.400]  You file complaints with the prosecutor, and if in Missouri you don't have a grand jury, that's okay.
[01:21:36.400 --> 01:21:39.400]  You file complaints with the prosecutor.
[01:21:39.400 --> 01:21:47.400]  If he doesn't pursue prosecution, then you file criminal complaints with the judge, the district judge,
[01:21:47.400 --> 01:21:54.400]  and petition the court to appoint an attorney pro tem to prosecute the prosecutor.
[01:21:54.400 --> 01:21:56.400]  Okay.
[01:21:56.400 --> 01:22:02.400]  You're talking about the main judge.
[01:22:02.400 --> 01:22:05.400]  What are you calling him?
[01:22:05.400 --> 01:22:07.400]  Yeah, whoever the next level up is.
[01:22:07.400 --> 01:22:08.400]  Mm-hmm.
[01:22:08.400 --> 01:22:10.400]  The presiding judge.
[01:22:10.400 --> 01:22:17.400]  What you do is you've got these yokels down here at the municipal level doing a song and dance.
[01:22:17.400 --> 01:22:21.400]  So you go above their heads.
[01:22:21.400 --> 01:22:30.400]  Well, I've already been to county, and that's where the judge, even though I pointed out everything,
[01:22:30.400 --> 01:22:41.400]  because I didn't testify, they have taken their record as 100% and just ignored all the facts,
[01:22:41.400 --> 01:22:45.400]  even though it's on the record, all the lies and all the...
[01:22:45.400 --> 01:22:46.400]  I caught the police lying.
[01:22:46.400 --> 01:22:49.400]  I impeached every one of their witnesses.
[01:22:49.400 --> 01:22:51.400]  Did you file criminal charges against them?
[01:22:51.400 --> 01:22:53.400]  Yes, yes.
[01:22:53.400 --> 01:22:54.400]  It's been no good.
[01:22:54.400 --> 01:22:57.400]  Who did you file the criminal charges with?
[01:22:57.400 --> 01:22:59.400]  With the county prosecutor.
[01:22:59.400 --> 01:23:03.400]  Did the county prosecutor pursue prosecution?
[01:23:03.400 --> 01:23:05.400]  No, not at all.
[01:23:05.400 --> 01:23:10.400]  File criminal charges against the prosecutor with the county judge.
[01:23:10.400 --> 01:23:15.400]  And when the county judge refuses to act in his capacity as a magistrate,
[01:23:15.400 --> 01:23:19.400]  prepare criminal charges against all of them and go to the next step up.
[01:23:19.400 --> 01:23:24.400]  What happens is these guys down here on the bottom start this fight,
[01:23:24.400 --> 01:23:28.400]  and now you start engaging everybody else in it.
[01:23:28.400 --> 01:23:34.400]  Everybody higher up, they're getting problems from you for not prosecuting them.
[01:23:34.400 --> 01:23:40.400]  And they will increase the pressure on the guys at the bottom to get you off their case.
[01:23:40.400 --> 01:23:42.400]  It's like playing poker.
[01:23:42.400 --> 01:23:43.400]  Right.
[01:23:43.400 --> 01:23:45.400]  Deal yourself a better hand.
[01:23:45.400 --> 01:23:46.400]  Sure.
[01:23:46.400 --> 01:23:53.400]  And you will find as you move up in the courts that they get more careful
[01:23:53.400 --> 01:24:00.400]  because they're more political, especially when you're going right for their throats.
[01:24:00.400 --> 01:24:04.400]  We have the actual hearing the case from the municipality.
[01:24:04.400 --> 01:24:09.400]  I have it appealed to the district state court right now.
[01:24:09.400 --> 01:24:12.400]  Of course, I haven't heard anything about that yet.
[01:24:12.400 --> 01:24:17.400]  But I'm scared that all they're going to have to work with is the record that this last judge gave them,
[01:24:17.400 --> 01:24:21.400]  which was very biased.
[01:24:21.400 --> 01:24:28.400]  Now, being that it's just a billing, though, and not me personally, I mean, I'm mentioned,
[01:24:28.400 --> 01:24:31.400]  but they have never proved jurisdiction over me,
[01:24:31.400 --> 01:24:39.400]  and I have inserted that fact from the beginning that they may have jurisdiction over the billing.
[01:24:39.400 --> 01:24:40.400]  I'm not sure about that.
[01:24:40.400 --> 01:24:41.400]  I mean, I think they probably do.
[01:24:41.400 --> 01:24:44.400]  Yeah, they can go in ray against the building.
[01:24:44.400 --> 01:24:45.400]  Right.
[01:24:45.400 --> 01:24:51.400]  But they've never inserted any kind of jurisdiction or proved jurisdiction on me or my wife personally,
[01:24:51.400 --> 01:24:54.400]  and I have denied it from the beginning.
[01:24:54.400 --> 01:25:01.400]  Well, if their action is in rim against the building,
[01:25:01.400 --> 01:25:05.400]  then they don't have to prove jurisdiction over you, just over the building.
[01:25:05.400 --> 01:25:11.400]  But if they've committed criminal acts in the process of what they're doing, they lose jurisdiction.
[01:25:11.400 --> 01:25:13.400]  They lose jurisdiction?
[01:25:13.400 --> 01:25:14.400]  Yeah.
[01:25:14.400 --> 01:25:15.400]  If it's criminal act.
[01:25:15.400 --> 01:25:16.400]  Okay.
[01:25:16.400 --> 01:25:22.400]  Then once they commit the criminal act, they become trespassers ab initio from the beginning,
[01:25:22.400 --> 01:25:24.400]  and all their acts are defeated.
[01:25:24.400 --> 01:25:27.400]  Now, does that work after the fact?
[01:25:27.400 --> 01:25:31.400]  Let's say that I lose on the district level the actual hearing about the building,
[01:25:31.400 --> 01:25:36.400]  but I win on my civil case showing that they've done.
[01:25:36.400 --> 01:25:39.400]  You know, if the prosecutor is not going to pick anything up,
[01:25:39.400 --> 01:25:42.400]  they're not going to have any kind of criminal charges against them.
[01:25:42.400 --> 01:25:46.400]  All I may have is to win civilly.
[01:25:46.400 --> 01:25:49.400]  Would that be enough proof to overturn?
[01:25:49.400 --> 01:25:52.400]  Go after the prosecutor.
[01:25:52.400 --> 01:25:54.400]  Keep walking this up.
[01:25:54.400 --> 01:25:58.400]  You're saying a very scary thing, my wife.
[01:25:58.400 --> 01:25:59.400]  Pardon me?
[01:25:59.400 --> 01:26:02.400]  I said you're saying a very scary thing.
[01:26:02.400 --> 01:26:03.400]  Yeah.
[01:26:03.400 --> 01:26:09.400]  You go get the guys who have more authority, and you start kicking them in their teeth.
[01:26:09.400 --> 01:26:14.400]  And the prosecutor's not going to like you coming after him because he didn't prosecute these chumps.
[01:26:14.400 --> 01:26:19.400]  Yeah, and you might also want to look into the bond-leaning process too.
[01:26:19.400 --> 01:26:20.400]  Oh, to bond?
[01:26:20.400 --> 01:26:23.400]  No, to lean their bonds, yeah.
[01:26:23.400 --> 01:26:25.400]  You might want to look into that.
[01:26:25.400 --> 01:26:30.400]  Wendy, Wendy, can you chime in on that?
[01:26:30.400 --> 01:26:34.400]  I'm sorry.
[01:26:34.400 --> 01:26:37.400]  Well, yes, this is exactly what Wendy's been doing.
[01:26:37.400 --> 01:26:38.400]  Right.
[01:26:38.400 --> 01:26:43.400]  You know, I do the criminal approach where I file charges against them and such.
[01:26:43.400 --> 01:26:44.400]  Right.
[01:26:44.400 --> 01:26:46.400]  She does the commercial approach.
[01:26:46.400 --> 01:26:49.400]  And I'm going to be doing the commercial approach too pretty soon.
[01:26:49.400 --> 01:26:52.400]  I've done both.
[01:26:52.400 --> 01:27:00.400]  I have copies of the mayor and the clerk and the collector, and the aldermen are not bonded.
[01:27:00.400 --> 01:27:05.400]  And I thought, you know, our state law says if you're a public official, you should be bonded.
[01:27:05.400 --> 01:27:10.400]  When I asked about their bonds, it said because they didn't mess with any financing or funds,
[01:27:10.400 --> 01:27:15.400]  that they weren't required to have bonds on the city level, and I think that's probably wrong.
[01:27:15.400 --> 01:27:25.400]  If there's law requiring all public servants to have bonds, even if they're municipal, then you can have them removed from office.
[01:27:25.400 --> 01:27:32.400]  Well, the bonds that I do have, I called the insurance company and told them, hey, we've got a problem here.
[01:27:32.400 --> 01:27:43.400]  And they said I would have to fax them some proof and the fact that it's being criminally prosecuted.
[01:27:43.400 --> 01:27:46.400]  And I can't do that right now because they're not going to do that.
[01:27:46.400 --> 01:27:49.400]  They're not going to criminally prosecute them.
[01:27:49.400 --> 01:27:53.400]  Well, there's another thing you could do.
[01:27:53.400 --> 01:27:59.400]  You need to research Quarantoo removal for Missouri.
[01:27:59.400 --> 01:28:01.400]  Quarantoo?
[01:28:01.400 --> 01:28:02.400]  Yes.
[01:28:02.400 --> 01:28:06.400]  If these guys don't meet all the requirements of office, they can be removed Quarantoo.
[01:28:06.400 --> 01:28:09.400]  That's a special removal process for public officials.
[01:28:09.400 --> 01:28:13.400]  Yeah, and if they don't have bonds, they're really leaving themselves extremely vulnerable.
[01:28:13.400 --> 01:28:22.400]  I mean, the point of public officials having, public servants having bonds is not just because they may be dealing with financial matters of the state.
[01:28:22.400 --> 01:28:33.400]  It's to protect the state and to protect them in case they do damage to someone in their capacity as a public servant
[01:28:33.400 --> 01:28:36.400]  so that they don't get all their personal assets taken away from them
[01:28:36.400 --> 01:28:44.400]  and so that it doesn't harm the taxpayers because if the state gets sued because of damage caused by public servants,
[01:28:44.400 --> 01:28:51.400]  if they don't have insurance policies as bonds, then that means the taxpayers end up having to pay for the settlement of the lawsuit.
[01:28:51.400 --> 01:28:52.400]  So that's what it's for.
[01:28:52.400 --> 01:28:53.400]  But they have to have it.
[01:28:53.400 --> 01:28:55.400]  Yes, they have to have it to protect the taxpayers.
[01:28:55.400 --> 01:28:56.400]  Absolutely.
[01:28:56.400 --> 01:28:59.400]  See, two of these aldermen knew what the mayor was doing.
[01:28:59.400 --> 01:29:06.400]  One of them is an ex-alderman now, but the other one was sitting on the board, the commission that condemned the building,
[01:29:06.400 --> 01:29:10.400]  and the other alderman was the building inspector's daughter.
[01:29:10.400 --> 01:29:15.400]  So I had the mayor who actually done the crime condemning the building,
[01:29:15.400 --> 01:29:23.400]  one of the aldermen that was involved with him, and the building inspector's daughter, all sitting there giving them a-
[01:29:23.400 --> 01:29:24.400]  Wait a minute.
[01:29:24.400 --> 01:29:27.400]  Building inspector's daughter is an alderman?
[01:29:27.400 --> 01:29:29.400]  Yes, and I pointed it out.
[01:29:29.400 --> 01:29:30.400]  That's too close.
[01:29:30.400 --> 01:29:32.400]  That's co-sanguinity.
[01:29:32.400 --> 01:29:34.400]  It's nepotism.
[01:29:34.400 --> 01:29:42.400]  No, that's what in law they call that, I think it's one degree of co-sanguinity.
[01:29:42.400 --> 01:29:44.400]  He can't, that's conflict of interest.
[01:29:44.400 --> 01:29:46.400]  He can't be there.
[01:29:46.400 --> 01:29:58.400]  Tell what you're saying there, Randy.
[01:29:58.400 --> 01:30:01.400]  I think that's right, co-sanguinity.
[01:30:01.400 --> 01:30:03.400]  Okay, I'll look that up.
[01:30:03.400 --> 01:30:06.400]  See, this is really a mess, and everybody's ignoring it.
[01:30:06.400 --> 01:30:10.400]  I'm just dumbfounded that it's got this far.
[01:30:10.400 --> 01:30:13.400]  Okay, we had Julio on earlier, but he dropped off.
[01:30:13.400 --> 01:30:15.400]  Julio could tell you about this.
[01:30:15.400 --> 01:30:24.400]  He fought some traffic tickets for four years, and they just screwed up everything.
[01:30:24.400 --> 01:30:28.400]  Julio hung in there with them, just kept pounding them.
[01:30:28.400 --> 01:30:30.400]  He went down there recently.
[01:30:30.400 --> 01:30:33.400]  They dropped everything.
[01:30:33.400 --> 01:30:35.400]  David, listen.
[01:30:35.400 --> 01:30:43.400]  Also, I wanted to request that maybe we could continue to discuss your case maybe on another night or later because we've got a lot of callers,
[01:30:43.400 --> 01:30:47.400]  and it looks like we are going to be going into overtime mode,
[01:30:47.400 --> 01:30:52.400]  but I want to get as many callers while we're on the FM and AMs as possible.
[01:30:52.400 --> 01:30:56.400]  Some of our affiliates do change their programming schedule,
[01:30:56.400 --> 01:31:02.400]  and we'll continue to carry our show on their AM and FM stations after midnight when we do overtime mode, but some don't,
[01:31:02.400 --> 01:31:05.400]  so I want to give as many callers as possible a chance to actually be on the air.
[01:31:05.400 --> 01:31:08.400]  Well, thank you guys for what you're doing, and thanks for giving me some time.
[01:31:08.400 --> 01:31:09.400]  Okay, thank you, David.
[01:31:09.400 --> 01:31:11.400]  Yeah, and keep us updated.
[01:31:11.400 --> 01:31:13.400]  Keep us posted.
[01:31:13.400 --> 01:31:16.400]  I also wanted to request the listeners and callers right now.
[01:31:16.400 --> 01:31:22.400]  We get the most calls and the most streams on Friday nights.
[01:31:22.400 --> 01:31:29.400]  Apparently, it's the most popular night, and things really start stacking up the last couple of hours on Friday nights,
[01:31:29.400 --> 01:31:32.400]  so listen, callers, listeners, don't be shy.
[01:31:32.400 --> 01:31:38.400]  Call in on the other nights that we're on the air, so everybody isn't all jammed up on Friday evenings.
[01:31:38.400 --> 01:31:41.400]  All right, we're going to go now to – go ahead.
[01:31:41.400 --> 01:31:46.400]  If we run over too far and I get into that third beer, it won't be pretty.
[01:31:46.400 --> 01:31:47.400]  What a lightweight.
[01:31:47.400 --> 01:31:51.400]  Okay, listen, we're going to go now to Doug in Texas, and we are still taking calls,
[01:31:51.400 --> 01:31:55.400]  so like I said, we are – a lot of our affiliates continue to carry our programming,
[01:31:55.400 --> 01:31:59.400]  so callers, don't be shy about calling in, so we're going into overtime mode to take advantage of it.
[01:31:59.400 --> 01:32:01.400]  All right, Doug from Texas, thank you for holding us along.
[01:32:01.400 --> 01:32:02.400]  What's on your mind?
[01:32:02.400 --> 01:32:17.400]  Well, hello, Deborah, Randy, and Eddie. I didn't know it, but my inspection sticker just fell off my vehicle, I guess.
[01:32:17.400 --> 01:32:22.400]  I don't know what happened to it, but it vanished around the 1st of this month,
[01:32:22.400 --> 01:32:31.400]  and I haven't gone down there to renew it or anything. Am I required by law to do so?
[01:32:31.400 --> 01:32:38.400]  Do you have paperwork concerning your inspection sticker in your glove box or in the car?
[01:32:38.400 --> 01:32:39.400]  No, I don't know.
[01:32:39.400 --> 01:32:42.400]  Then you're going to have to go get another one because you don't have any proof of it,
[01:32:42.400 --> 01:32:45.400]  and even if you did have proof of it, you'd probably want to go get another one anyway
[01:32:45.400 --> 01:32:48.400]  because if a cop sees it, he's going to pull you over,
[01:32:48.400 --> 01:32:53.400]  and then you're just going to have to deal with a hassle even if you can prove that you have paperwork showing.
[01:32:53.400 --> 01:32:58.400]  So, yeah, you need to go get another one because you don't have any record to show that you got inspection.
[01:32:58.400 --> 01:33:07.400]  Here's the problem with safety sticker. It is a crime not to display a safety sticker.
[01:33:07.400 --> 01:33:12.400]  It's not a crime not to display registration.
[01:33:12.400 --> 01:33:16.400]  That merely goes to prima facie evidence that you don't have it,
[01:33:16.400 --> 01:33:20.400]  but it is specifically a crime not to display the safety sticker.
[01:33:20.400 --> 01:33:26.400]  So even if you got one, if it's not on your window, that constitutes the crime.
[01:33:26.400 --> 01:33:31.400]  This is all assuming that you want to deal with the game because if you want to take on the fight
[01:33:31.400 --> 01:33:35.400]  that the traffic code is written for commercial application, you could do that.
[01:33:35.400 --> 01:33:37.400]  Eddie, what do you have to say about this?
[01:33:37.400 --> 01:33:41.400]  Well, the first thing is considering where the inspection stickers are usually placed these days,
[01:33:41.400 --> 01:33:45.400]  where did you misplace your windshield?
[01:33:45.400 --> 01:33:50.400]  Well, Eddie, look it up. You're very good at looking things up.
[01:33:50.400 --> 01:34:00.400]  Is there a, is it an offense not to have, I know it's an offense to have an expired inspection sticker,
[01:34:00.400 --> 01:34:06.400]  but look it up real quick and see if it's an offense not to have one.
[01:34:06.400 --> 01:34:10.400]  Well, okay, let's jot down the trail here real quick.
[01:34:10.400 --> 01:34:14.400]  Wait, I've been there. I've been through this in the court.
[01:34:14.400 --> 01:34:21.400]  It's an offense not to display it. That's what the offense is.
[01:34:21.400 --> 01:34:24.400]  Right, but he's wanting to know if he has to have it.
[01:34:24.400 --> 01:34:25.400]  Right.
[01:34:25.400 --> 01:34:30.400]  Yeah, well, you don't have to, no, you're not getting it. You have to display it.
[01:34:30.400 --> 01:34:34.400]  So if you don't have it, you're not displaying it.
[01:34:34.400 --> 01:34:39.400]  Yeah, and I think there's also some regulation about where you have to display it.
[01:34:39.400 --> 01:34:43.400]  Now listen, Doug, I don't understand it because they put those stickers on the inside of your windshield.
[01:34:43.400 --> 01:34:45.400]  It should be in your car somewhere.
[01:34:45.400 --> 01:34:52.400]  Well, yeah, it would probably be there if it hadn't been disposed of, I'm sure.
[01:34:52.400 --> 01:34:58.400]  Okay, well, here's the thing, like I was saying, if you've actually gone down and registered the vehicle
[01:34:58.400 --> 01:35:04.400]  and you've got license plates on that car, then you better have that inspection sticker in the story
[01:35:04.400 --> 01:35:09.400]  because you've gone down and you've registered your vehicle as commercial and the inspection.
[01:35:09.400 --> 01:35:15.400]  I never did that. I never did that. Somebody else did that for me.
[01:35:15.400 --> 01:35:22.400]  You know, the covert dealership did that for me.
[01:35:22.400 --> 01:35:25.400]  Okay, what have you done to undo it?
[01:35:25.400 --> 01:35:33.400]  Well, I'm going to go down there and register it as a non-commercial road machine.
[01:35:33.400 --> 01:35:37.400]  No, you're doing that wrong. You don't register it at all.
[01:35:37.400 --> 01:35:44.400]  If you're registering something, you're looking to have someone else's approval for your having it to begin with.
[01:35:44.400 --> 01:35:52.400]  Right. I'm going to inform them that it is not registered properly.
[01:35:52.400 --> 01:36:01.400]  It is not a motor vehicle. It is not a commercial vehicle. It is a privately owned road machine.
[01:36:01.400 --> 01:36:03.400]  And where are you, Doug?
[01:36:03.400 --> 01:36:06.400]  In Bastrop, Texas.
[01:36:06.400 --> 01:36:14.400]  Okay. When you bought the vehicle, you filled out all the paperwork at the dealership, correct?
[01:36:14.400 --> 01:36:15.400]  Right.
[01:36:15.400 --> 01:36:19.400]  Okay, you have a certificate of title, correct?
[01:36:19.400 --> 01:36:20.400]  Right.
[01:36:20.400 --> 01:36:25.400]  Did you get a bill of sale in addition to your certificate of title?
[01:36:25.400 --> 01:36:37.400]  No, but I will. I plan on doing so. You're saying that I have purchased this from covert Chevrolet.
[01:36:37.400 --> 01:36:43.400]  I've purchased this vehicle. It's paid for and whatever.
[01:36:43.400 --> 01:36:47.400]  Okay, well, I would highly recommend you do that.
[01:36:47.400 --> 01:36:51.400]  Make sure the information on it is correct as to the date, time, purchase and all this
[01:36:51.400 --> 01:36:56.400]  and the identification number of the vehicle and all that.
[01:36:56.400 --> 01:37:02.400]  Because here's the deal. If you have registered the car and you do have license plates on it,
[01:37:02.400 --> 01:37:05.400]  you've confirmed you intend to use that vehicle in commerce.
[01:37:05.400 --> 01:37:13.400]  All that license plate is is the tax identification number that says you paid the fee to make your car commercial ready.
[01:37:13.400 --> 01:37:14.400]  That's what you did.
[01:37:14.400 --> 01:37:15.400]  Right.
[01:37:15.400 --> 01:37:23.400]  And by doing that, you have agreed to all the rules that go with that, including that inspection, registration and everything else.
[01:37:23.400 --> 01:37:30.400]  I understand that, Eddie. I understand that. It was fraudulent. In other words, the way that they –
[01:37:30.400 --> 01:37:37.400]  I agree. I agree. But the thing is, is you voluntarily did it. Therefore, it's not fraudulent.
[01:37:37.400 --> 01:37:42.400]  I understand the perception, but the fact is, is you volunteered into it.
[01:37:42.400 --> 01:37:45.400]  No one twisted your arm to fill out that particular paperwork.
[01:37:45.400 --> 01:37:46.400]  Right.
[01:37:46.400 --> 01:37:55.400]  So by volunteering into it, you're bound by it. So what you've got to do is write it up so that you are unvolunteering.
[01:37:55.400 --> 01:37:56.400]  Right.
[01:37:56.400 --> 01:37:59.400]  And until you document that, you're bound.
[01:37:59.400 --> 01:38:13.400]  Right. In other words, what I need to do is just – if they stop me because I, you know, don't have my little sticker on there that says it's been inspected,
[01:38:13.400 --> 01:38:21.400]  I'll say, well, you know, I don't know what happened, sticker, and since it's your job, your law enforcement,
[01:38:21.400 --> 01:38:29.400]  could I file a claim with you as stolen sticker? Somebody, you know, somebody stole my sticker.
[01:38:29.400 --> 01:38:39.400]  Now, let's concentrate on finding the thief that took it off, and they could say, well, what month was, you know, it expired?
[01:38:39.400 --> 01:38:45.400]  I don't have the slightest idea. I didn't even know it was gone until you called it to my attention.
[01:38:45.400 --> 01:38:50.400]  Yeah, but they're not going to care, Doug. That's the problem. That's not their job and that's not the way they see it.
[01:38:50.400 --> 01:38:55.400]  That's your responsibility because it was turned into your possession. That's how they're going to look at it.
[01:38:55.400 --> 01:39:01.400]  While you're making that argument, the cop will be oiling up his cuffs.
[01:39:01.400 --> 01:39:05.400]  Well, it would be nice if they had some oiled cuffs used. I don't need them.
[01:39:05.400 --> 01:39:13.400]  Now, the only argument you would prevail on in court is to stipulate that at the time that I was pulled over for lack of inspection,
[01:39:13.400 --> 01:39:18.400]  my car was not being used for commercial purposes where inspection was necessary.
[01:39:18.400 --> 01:39:24.400]  And then you've got to know what the rules of the transportation code are to make that argument successful.
[01:39:24.400 --> 01:39:30.400]  Daddy, it's never used for commercial purposes. I've never been paid a dime for driving.
[01:39:30.400 --> 01:39:32.400]  None of us have, but that's irrelevant.
[01:39:32.400 --> 01:39:40.400]  They are working on an assumption that they have reversed the process where the burden of proof is not on them, it's on you.
[01:39:40.400 --> 01:39:44.400]  Well, that's kind of clever of them, isn't it?
[01:39:44.400 --> 01:39:49.400]  Let me offer a suggestion here.
[01:39:49.400 --> 01:39:56.400]  Okay. Concerning these types of things, there's basically either two ways you can go about it, one of two ways.
[01:39:56.400 --> 01:40:06.400]  You can press the point that you're not in commerce and get potentially a long fight and you really need to know what you're doing.
[01:40:06.400 --> 01:40:14.400]  And that's why Eddie Craig and us together, three of us, we're working on the litigation engine to help people deal with traffic issues
[01:40:14.400 --> 01:40:19.400]  so that we can finally adjudicate this right to travel issue, okay?
[01:40:19.400 --> 01:40:24.400]  Personally, what I would do, what I do right now, I don't fight that battle, okay?
[01:40:24.400 --> 01:40:30.400]  Even though I know it's wrong, I know we have the right to travel, I choose personally not to fight that battle
[01:40:30.400 --> 01:40:37.400]  because I don't have time to be constantly embroiled in a battle concerning right to travel and get pulled over every other day
[01:40:37.400 --> 01:40:42.400]  for not having a license plate or registration and all these kinds of things
[01:40:42.400 --> 01:40:48.400]  and then have to try to get a restraining order from the court to keep the cops from pulling me over all the time.
[01:40:48.400 --> 01:40:56.400]  Plus, I'm a woman and a lot of times I'm in the car by myself and I don't trust the cops not to rape me, so I just don't fight that battle, all right?
[01:40:56.400 --> 01:41:00.400]  So you have to decide, what is it worth to you?
[01:41:00.400 --> 01:41:05.400]  Would you rather just go spend the 20 bucks or the 15 dollars and get another sticker
[01:41:05.400 --> 01:41:09.400]  or do you want to fight this right to travel issue right now?
[01:41:09.400 --> 01:41:18.400]  Now, once we get the litigation engine on the traffic code finished and a lot of people start slamming the system with documents,
[01:41:18.400 --> 01:41:24.400]  criminal complaints, et cetera, and things start getting adjudicated and moved through the system regarding right to travel,
[01:41:24.400 --> 01:41:31.400]  then I'll probably join in the fight at that point in time, but right now you just have to gauge what it's worth to you, okay?
[01:41:31.400 --> 01:41:35.400]  So, I mean, if it were me, I'd just go get another sticker, but that's just me.
[01:41:35.400 --> 01:41:42.400]  So if you have time on your hands and you want to fight the fight, then you can contact Eddie and we'll help you with that.
[01:41:42.400 --> 01:41:48.400]  But we need to move on right now because I want to get as many callers in before midnight as possible.
[01:41:48.400 --> 01:41:50.400]  Okay, Doug?
[01:41:50.400 --> 01:41:51.400]  That's fine.
[01:41:51.400 --> 01:41:52.400]  Okay, thank you.
[01:41:52.400 --> 01:41:53.400]  Thanks for calling in.
[01:41:53.400 --> 01:41:56.400]  Okay, we're going to go now to Mike in Illinois.
[01:41:56.400 --> 01:41:57.400]  Mike, thanks for calling in.
[01:41:57.400 --> 01:41:59.400]  What's on your mind tonight?
[01:41:59.400 --> 01:42:04.400]  Yeah, I was listening to that argument about, you know, the Admiralty Maritime and all that.
[01:42:04.400 --> 01:42:05.400]  Yes.
[01:42:05.400 --> 01:42:14.400]  And it seems as if I believe Randy was off point because he was reading a case that says Admiralty comes out of the Maritime, you know, contracts for every wealth.
[01:42:14.400 --> 01:42:18.400]  Right there, that case alone makes a distinction between Admiralty and Maritime.
[01:42:18.400 --> 01:42:29.400]  So, you know, whether Randy or that other caller was, you know, they were both arguing off point at certain times because it's two different – there's a distinction between the two different –
[01:42:29.400 --> 01:42:30.400]  Good.
[01:42:30.400 --> 01:42:31.400]  Can you explain the distinction?
[01:42:31.400 --> 01:42:34.400]  Yes, please explain the distinction between Admiralty and Maritime jurisdiction.
[01:42:34.400 --> 01:42:42.400]  Well, I believe that the Admiralty jurisdiction is contract with the King, which would be possibly England.
[01:42:42.400 --> 01:42:43.400]  I mean –
[01:42:43.400 --> 01:42:44.400]  No, no, wait, wait.
[01:42:44.400 --> 01:42:46.400]  We can't go back to England.
[01:42:46.400 --> 01:42:48.400]  The King is not in this country.
[01:42:48.400 --> 01:42:50.400]  I know guys are saying that.
[01:42:50.400 --> 01:42:51.400]  It's not.
[01:42:51.400 --> 01:42:52.400]  It's not.
[01:42:52.400 --> 01:42:53.400]  But we do know that –
[01:42:53.400 --> 01:42:56.400]  Let's not go back to – how is it on the ground here?
[01:42:56.400 --> 01:43:01.400]  How is Maritime and Admiralty different?
[01:43:01.400 --> 01:43:03.400]  Is it a different set of statutes?
[01:43:03.400 --> 01:43:04.400]  Right.
[01:43:04.400 --> 01:43:07.400]  We know that they operate under presumptions all the time, right?
[01:43:07.400 --> 01:43:10.400]  Almost everything in court is a presumption.
[01:43:10.400 --> 01:43:14.400]  No, that's not a presumption that I go by.
[01:43:14.400 --> 01:43:16.400]  Okay, okay, but that's what they go by.
[01:43:16.400 --> 01:43:20.400]  But the case that you read, Randy, before that last case you read,
[01:43:20.400 --> 01:43:28.400]  it specifically said that the nature of the contract determined how they're going to view the case, kind of.
[01:43:28.400 --> 01:43:35.400]  And so therefore, it's my understanding that all insurance comes under Maritime contract.
[01:43:35.400 --> 01:43:36.400]  Not true.
[01:43:36.400 --> 01:43:37.400]  Because, well –
[01:43:37.400 --> 01:43:42.400]  That's very clearly delineated in Janisse.
[01:43:42.400 --> 01:43:48.400]  It's the case about where guys killed working on a boat.
[01:43:48.400 --> 01:43:50.400]  The boat's in Dryden.
[01:43:50.400 --> 01:43:54.400]  Okay, so now you're off point on that point, too, because that boat was not berthed yet.
[01:43:54.400 --> 01:43:57.400]  So therefore, it didn't have standing in the water.
[01:43:57.400 --> 01:43:58.400]  It had to be berthed.
[01:43:58.400 --> 01:43:59.400]  That's what I mean.
[01:43:59.400 --> 01:44:01.400]  All insurance is not Maritime.
[01:44:01.400 --> 01:44:07.400]  Well, no, but the presumption that it is, that's my point.
[01:44:07.400 --> 01:44:10.400]  How do you get to a presumption if you're on the ground?
[01:44:10.400 --> 01:44:16.400]  Because all the courts, I mean, there's no one that's in court without a Social Security number.
[01:44:16.400 --> 01:44:19.400]  So the presumption is they're engaged in an insurance contract,
[01:44:19.400 --> 01:44:21.400]  which is the presumption is that you're in Maritime.
[01:44:21.400 --> 01:44:22.400]  No.
[01:44:22.400 --> 01:44:23.400]  Or Air Multi.
[01:44:23.400 --> 01:44:26.400]  There's no such presumption because you're in insurance.
[01:44:26.400 --> 01:44:30.400]  You can't say that there's not a presumption unless you were to actually go into court and argue it, though.
[01:44:30.400 --> 01:44:31.400]  Well, how do you get there?
[01:44:31.400 --> 01:44:36.400]  How do you get all of a sudden from insurance to Maritime?
[01:44:36.400 --> 01:44:39.400]  Because insurance came out of Maritime law.
[01:44:39.400 --> 01:44:40.400]  So?
[01:44:40.400 --> 01:44:47.400]  In the olden days, you can travel on the land, and if your ox got in an accident, you still had the goods.
[01:44:47.400 --> 01:44:48.400]  You didn't lose it.
[01:44:48.400 --> 01:44:49.400]  All insurance came out of it.
[01:44:49.400 --> 01:44:50.400]  This is not the old days.
[01:44:50.400 --> 01:44:51.400]  Okay.
[01:44:51.400 --> 01:44:52.400]  Well, but now.
[01:44:52.400 --> 01:44:56.400]  These days and in these days, how do we get there?
[01:44:56.400 --> 01:44:57.400]  Okay.
[01:44:57.400 --> 01:45:04.400]  The thing is, the difference is you're talking Admiralty jurisdiction versus Maritime law.
[01:45:04.400 --> 01:45:09.400]  Admiralty jurisdiction is the jurisdiction for Maritime law.
[01:45:09.400 --> 01:45:10.400]  That's what I thought.
[01:45:10.400 --> 01:45:11.400]  Well, okay.
[01:45:11.400 --> 01:45:15.400]  There's not a distinction because one is what governs the other.
[01:45:15.400 --> 01:45:16.400]  Okay.
[01:45:16.400 --> 01:45:25.400]  What you were doing earlier in drawing the distinction between Maritime and Admiralty was a distinction without a difference.
[01:45:25.400 --> 01:45:29.400]  Because if it's Admiralty, it's Maritime.
[01:45:29.400 --> 01:45:31.400]  If it's Maritime, it's Admiralty.
[01:45:31.400 --> 01:45:34.400]  Well, let me ask you this.
[01:45:34.400 --> 01:45:36.400]  Is the United States bankrupt or not?
[01:45:36.400 --> 01:45:39.400]  Separate issue.
[01:45:39.400 --> 01:45:41.400]  Yes, it's been bankrupt since 1812.
[01:45:41.400 --> 01:45:43.400]  What's that got to do with Maritime?
[01:45:43.400 --> 01:45:46.400]  Who are we in bankruptcy to?
[01:45:46.400 --> 01:45:49.400]  Wait, do what?
[01:45:49.400 --> 01:45:51.400]  Who are we in bankruptcy to?
[01:45:51.400 --> 01:45:52.400]  Who do we owe?
[01:45:52.400 --> 01:45:54.400]  Who are we bankrupt to?
[01:45:54.400 --> 01:45:57.400]  I think we bankrupted to England first.
[01:45:57.400 --> 01:45:58.400]  Yes, that's right.
[01:45:58.400 --> 01:45:59.400]  That's what happened with Roosevelt.
[01:45:59.400 --> 01:46:02.400]  No, it's France because France bought the debt from England.
[01:46:02.400 --> 01:46:04.400]  Well, it doesn't matter though.
[01:46:04.400 --> 01:46:05.400]  Therefore, it's a foreign nation.
[01:46:05.400 --> 01:46:08.400]  The U.S. Corporation is in bankruptcy right now.
[01:46:08.400 --> 01:46:09.400]  Okay.
[01:46:09.400 --> 01:46:11.400]  Well, what does that have to do with Maritime?
[01:46:11.400 --> 01:46:17.400]  Well, you have to have some law that both countries can recognize.
[01:46:17.400 --> 01:46:19.400]  You're not going to operate under U.S. law.
[01:46:19.400 --> 01:46:22.400]  You're not going to operate under France or England law, so you have to have that common law.
[01:46:22.400 --> 01:46:32.400]  What do you think all that big deal about the law of the sea thing was all about recently in the past year in the news and everything?
[01:46:32.400 --> 01:46:39.400]  Okay, but just because the Corporation of the USA is in a state of bankruptcy and has been since Roosevelt,
[01:46:39.400 --> 01:46:46.400]  how does that translate to admiralty jurisdiction?
[01:46:46.400 --> 01:46:52.400]  Well, like I said, admiralty is with the king.
[01:46:52.400 --> 01:46:54.400]  Okay, maritime jurisdiction.
[01:46:54.400 --> 01:46:57.400]  Okay, the maritime jurisdiction.
[01:46:57.400 --> 01:47:03.400]  Well, because a Federal Reserve note obviously can't be recognized at common law, right?
[01:47:03.400 --> 01:47:04.400]  Right.
[01:47:04.400 --> 01:47:05.400]  You can't recognize it.
[01:47:05.400 --> 01:47:06.400]  It doesn't have value.
[01:47:06.400 --> 01:47:12.400]  Okay, that's Harmon Taylor's issue, but what that does is get us there by conjecture.
[01:47:12.400 --> 01:47:20.400]  The only place we can use the reserve notes is in the maritime, so therefore we must be in the maritime.
[01:47:20.400 --> 01:47:24.400]  That's getting there by conjecture, and I can't get there by conjecture.
[01:47:24.400 --> 01:47:28.400]  Okay, but we know that a Federal Reserve note does not have value, correct?
[01:47:28.400 --> 01:47:30.400]  Wait, that's still a separate issue.
[01:47:30.400 --> 01:47:31.400]  How does that go to maritime?
[01:47:31.400 --> 01:47:33.400]  Does that have anything to do with maritime?
[01:47:33.400 --> 01:47:36.400]  Well, it is by conjecture because under the common law,
[01:47:36.400 --> 01:47:41.400]  if you contract with someone to paint their house for 100 Federal Reserve notes, under the common law,
[01:47:41.400 --> 01:47:45.400]  that contract can't be recognized because you're not getting anything.
[01:47:45.400 --> 01:47:46.400]  Under the common law.
[01:47:46.400 --> 01:47:47.400]  Under common law?
[01:47:47.400 --> 01:47:50.400]  You can barter for anything you want to.
[01:47:50.400 --> 01:47:51.400]  Well, wait a minute.
[01:47:51.400 --> 01:47:54.400]  Contracts that have no consideration are not valid contracts.
[01:47:54.400 --> 01:47:55.400]  That's what he's saying, Randy.
[01:47:55.400 --> 01:47:56.400]  Right, there he goes.
[01:47:56.400 --> 01:47:57.400]  It doesn't matter.
[01:47:57.400 --> 01:48:06.400]  If I accept green frog skins for compensation, for consideration, that's my business under common law.
[01:48:06.400 --> 01:48:11.400]  Okay, but that's fine if you don't want to make that an issue in court,
[01:48:11.400 --> 01:48:15.400]  but if you turn around and thought you were getting consideration, then it is an issue.
[01:48:15.400 --> 01:48:16.400]  Then it's fraud.
[01:48:16.400 --> 01:48:18.400]  Well, that doesn't go to maritime.
[01:48:18.400 --> 01:48:20.400]  That just goes to fraud.
[01:48:20.400 --> 01:48:21.400]  No, no.
[01:48:21.400 --> 01:48:25.400]  Well, that goes to what the court can recognize as a contract.
[01:48:25.400 --> 01:48:26.400]  You have to agree.
[01:48:26.400 --> 01:48:29.400]  Both parties have to agree that a Federal Reserve note has value,
[01:48:29.400 --> 01:48:32.400]  and then obviously you're in a commercial type setting.
[01:48:32.400 --> 01:48:36.400]  How does that imply maritime jurisdiction, though?
[01:48:36.400 --> 01:48:38.400]  Who owns the Federal Reserve note?
[01:48:38.400 --> 01:48:39.400]  Who cares?
[01:48:39.400 --> 01:48:41.400]  What does that have to do with anything?
[01:48:41.400 --> 01:48:43.400]  Well, because if it's a foreign entity that owns it,
[01:48:43.400 --> 01:48:52.400]  then you have to have some form of law that both nations would recognize.
[01:48:52.400 --> 01:48:53.400]  No, you don't.
[01:48:53.400 --> 01:48:59.400]  Not if the transaction is within a jurisdiction.
[01:48:59.400 --> 01:49:03.400]  It doesn't matter if the one who owns it is foreign or not.
[01:49:03.400 --> 01:49:09.400]  He has minimal context under international chew.
[01:49:09.400 --> 01:49:15.400]  Jurisdiction is within the boundaries of whatever state or the United States,
[01:49:15.400 --> 01:49:17.400]  wherever it's at.
[01:49:17.400 --> 01:49:19.400]  And that's another issue, though.
[01:49:19.400 --> 01:49:23.400]  Where can you find a state that has a boundary?
[01:49:23.400 --> 01:49:26.400]  Every state has a boundary.
[01:49:26.400 --> 01:49:29.400]  Well, our Constitution in Illinois doesn't have a boundary on it.
[01:49:29.400 --> 01:49:31.400]  It's gone.
[01:49:31.400 --> 01:49:32.400]  The state has a boundary.
[01:49:32.400 --> 01:49:34.400]  It has a very clearly defined boundary.
[01:49:34.400 --> 01:49:39.400]  It does, but the state of Illinois doesn't.
[01:49:39.400 --> 01:49:43.400]  You keep jumping to different issues that don't have anything to do with the point.
[01:49:43.400 --> 01:49:44.400]  No, because they're all connected.
[01:49:44.400 --> 01:49:45.400]  The presumption is...
[01:49:45.400 --> 01:49:47.400]  How are they connected?
[01:49:47.400 --> 01:49:53.400]  You're just assuming, and I can't assume, that because the Constitution of Illinois
[01:49:53.400 --> 01:50:00.400]  doesn't have a boundary that somehow maritime jurisdiction comes in off the sea.
[01:50:00.400 --> 01:50:05.400]  Well, we know that the Federal Constitution says no state shall make anything
[01:50:05.400 --> 01:50:07.400]  but gold and silver payment of debt, right?
[01:50:07.400 --> 01:50:08.400]  Right.
[01:50:08.400 --> 01:50:09.400]  Does Illinois use...
[01:50:09.400 --> 01:50:10.400]  However...
[01:50:10.400 --> 01:50:13.400]  Does the state of Illinois use gold and silver payment of debt?
[01:50:13.400 --> 01:50:14.400]  No.
[01:50:14.400 --> 01:50:15.400]  Now, wait a minute.
[01:50:15.400 --> 01:50:18.400]  You're misreading the statute.
[01:50:18.400 --> 01:50:23.400]  The state of Illinois did not make anything legal tender.
[01:50:23.400 --> 01:50:24.400]  No, they didn't.
[01:50:24.400 --> 01:50:26.400]  They didn't do it.
[01:50:26.400 --> 01:50:31.400]  The federal government did it, and they can make Haribol's legal tender if they want to.
[01:50:31.400 --> 01:50:38.400]  Yeah, they can, and they can also have a federal territory called the state of Illinois.
[01:50:38.400 --> 01:50:43.400]  Okay, you see you keep jumping from one issue to another issue to another issue to another issue.
[01:50:43.400 --> 01:50:46.400]  We're still trying to talk about maritime law.
[01:50:46.400 --> 01:50:49.400]  If you're in bankruptcy, who are they owned by?
[01:50:49.400 --> 01:50:53.400]  Listen, you're doing what a lot of these legal reform guys do.
[01:50:53.400 --> 01:50:54.400]  What's that?
[01:50:54.400 --> 01:51:00.400]  You try to convolute this with every kind of argument that you can pull out of a hat,
[01:51:00.400 --> 01:51:03.400]  all sorts of conjecture on top of conjecture.
[01:51:03.400 --> 01:51:06.400]  We could never get anywhere this way.
[01:51:06.400 --> 01:51:08.400]  I'm still trying to understand...
[01:51:08.400 --> 01:51:09.400]  We're talking about everything all at once.
[01:51:09.400 --> 01:51:12.400]  I'm still trying to understand that just because you use a Federal Reserve note,
[01:51:12.400 --> 01:51:13.400]  that somehow invokes maritime.
[01:51:13.400 --> 01:51:15.400]  I still don't get that part,
[01:51:15.400 --> 01:51:21.400]  because the transaction would have to be done over the water, from what I understand.
[01:51:21.400 --> 01:51:24.400]  Well, there's only two or three...
[01:51:24.400 --> 01:51:28.400]  That's where he's getting the incurred debt from, is over the water.
[01:51:28.400 --> 01:51:29.400]  Yeah, because...
[01:51:29.400 --> 01:51:31.400]  How do you get the incurred debt over the water?
[01:51:31.400 --> 01:51:35.400]  Because of who we owe for the national debt to the bankruptcy.
[01:51:35.400 --> 01:51:37.400]  That has nothing to do with navigating.
[01:51:37.400 --> 01:51:38.400]  No, no, no, I understand that.
[01:51:38.400 --> 01:51:40.400]  I'm just saying that's where he's getting it from.
[01:51:40.400 --> 01:51:41.400]  Right.
[01:51:41.400 --> 01:51:47.400]  Because someone happens to live on the other side of the water,
[01:51:47.400 --> 01:51:50.400]  they're not on the water.
[01:51:50.400 --> 01:51:52.400]  Yeah, it has to be on the water.
[01:51:52.400 --> 01:51:55.400]  Well, the point is that who's going to enforce what?
[01:51:55.400 --> 01:51:57.400]  I mean, so we can just put a line...
[01:51:57.400 --> 01:51:58.400]  Oh, this is easy.
[01:51:58.400 --> 01:51:59.400]  This is easy.
[01:51:59.400 --> 01:52:05.400]  If you are in the state, within the defined boundaries of the state,
[01:52:05.400 --> 01:52:11.400]  and you're doing business with someone else who is within the defined boundaries of the state,
[01:52:11.400 --> 01:52:12.400]  the state has jurisdiction.
[01:52:12.400 --> 01:52:16.400]  If you are in one state doing business with someone in another state,
[01:52:16.400 --> 01:52:18.400]  the Fed has jurisdiction.
[01:52:18.400 --> 01:52:23.400]  If you're in one country and you're dealing with someone in another country...
[01:52:23.400 --> 01:52:24.400]  You're out of luck.
[01:52:24.400 --> 01:52:25.400] ...the international law has jurisdiction.
[01:52:25.400 --> 01:52:27.400]  This is not complex.
[01:52:27.400 --> 01:52:32.400]  Well, it's not, and the thing is the statute clearly defined what this state is,
[01:52:32.400 --> 01:52:34.400]  and this state is the state of Illinois.
[01:52:34.400 --> 01:52:36.400]  We're not going to go to this state argument.
[01:52:36.400 --> 01:52:37.400]  It still doesn't...
[01:52:37.400 --> 01:52:41.400]  Yeah, and if you're in one country and the other entity is in another country,
[01:52:41.400 --> 01:52:44.400]  like Randy was saying, there are international courts,
[01:52:44.400 --> 01:52:49.400]  that still doesn't invoke maritime law here in this country.
[01:52:49.400 --> 01:52:53.400]  It's an over-the-seas jurisdiction that...
[01:52:53.400 --> 01:52:54.400]  Not over-the-seas.
[01:52:54.400 --> 01:52:56.400]  It has to be on the water.
[01:52:56.400 --> 01:52:57.400]  It has to be on.
[01:52:57.400 --> 01:53:05.400]  Okay, but my point is, my original point is insurance claims came out of the sea.
[01:53:05.400 --> 01:53:09.400]  They came out of the sea, but they're not necessarily maritime.
[01:53:09.400 --> 01:53:13.400]  Well, they're not, but the presumption is in court.
[01:53:13.400 --> 01:53:15.400]  No, there is no such presumption in court.
[01:53:15.400 --> 01:53:17.400]  Well, how would you know that?
[01:53:17.400 --> 01:53:22.400]  How do we know that there is a presumption in court?
[01:53:22.400 --> 01:53:23.400]  System's got a mystical argument.
[01:53:23.400 --> 01:53:27.400]  It's real easy. You have to invoke it.
[01:53:27.400 --> 01:53:30.400]  I would like to see proof that there is a presumption like that.
[01:53:30.400 --> 01:53:31.400]  No, there isn't.
[01:53:31.400 --> 01:53:35.400]  You have to claim the venue.
[01:53:35.400 --> 01:53:39.400]  If you claim maritime law on an insurance contract,
[01:53:39.400 --> 01:53:45.400]  you have to prove that maritime has subject matter jurisdiction.
[01:53:45.400 --> 01:53:48.400]  And if you come with an insurance policy,
[01:53:48.400 --> 01:53:55.400]  that insurance is something that doesn't have to do with traveling on navigable waters,
[01:53:55.400 --> 01:53:58.400]  you don't invoke maritime.
[01:53:58.400 --> 01:53:59.400]  There's no presumption.
[01:53:59.400 --> 01:54:01.400]  You have to prove it.
[01:54:01.400 --> 01:54:03.400]  That guy from, I think he was from New York,
[01:54:03.400 --> 01:54:07.400]  he read that case that said that U.S. citizens are vessels.
[01:54:07.400 --> 01:54:09.400]  And if a vessel has insurance...
[01:54:09.400 --> 01:54:10.400]  So what?
[01:54:10.400 --> 01:54:13.400]  Obviously, the presumption is that you're in Admiralty or maritime.
[01:54:13.400 --> 01:54:15.400]  No, there's no such presumption.
[01:54:15.400 --> 01:54:19.400]  I'm sitting here looking at a vessel, and it's full of beer.
[01:54:19.400 --> 01:54:21.400]  Just because the vessel...
[01:54:21.400 --> 01:54:23.400]  That's what we were talking about with the gentleman from New York.
[01:54:23.400 --> 01:54:26.400]  The vessel does not invoke maritime.
[01:54:26.400 --> 01:54:28.400]  Being on the water does.
[01:54:28.400 --> 01:54:32.400]  If there's insurance attached to it, then there's presumption that it is.
[01:54:32.400 --> 01:54:39.400]  If I insure this beer bottle, it's a vessel, but it's not maritime.
[01:54:39.400 --> 01:54:46.400]  How is that associated with navigable water?
[01:54:46.400 --> 01:54:48.400]  That's the presumption.
[01:54:48.400 --> 01:54:50.400]  What presumption?
[01:54:50.400 --> 01:54:54.400]  What creates the presumption?
[01:54:54.400 --> 01:54:59.400]  You'd have to argue that to find out whether they're making that presumption or not.
[01:54:59.400 --> 01:55:00.400]  Has anybody ever argued?
[01:55:00.400 --> 01:55:05.400]  Look, if you're the plaintiff, the burden of proof is on you.
[01:55:05.400 --> 01:55:07.400]  Well, not if they're coming after you, though.
[01:55:07.400 --> 01:55:09.400]  You could be the defendant.
[01:55:09.400 --> 01:55:13.400]  Well, if they claim maritime jurisdiction...
[01:55:13.400 --> 01:55:14.400]  They have to prove it.
[01:55:14.400 --> 01:55:15.400]  They have to prove it.
[01:55:15.400 --> 01:55:17.400]  There's no presumption here.
[01:55:17.400 --> 01:55:23.400]  Prove it up, Bubba.
[01:55:23.400 --> 01:55:24.400]  Well, you have to argue it.
[01:55:24.400 --> 01:55:27.400]  Have you ever argued that it's not maritime?
[01:55:27.400 --> 01:55:34.400]  No one has ever come after me claiming maritime jurisdiction, so I've never had to argue against it.
[01:55:34.400 --> 01:55:37.400]  No, when they sit there, usually when they argue against you in court,
[01:55:37.400 --> 01:55:41.400]  they're referring to the code of criminal procedure, the penal code...
[01:55:41.400 --> 01:55:42.400]  The traffic code.
[01:55:42.400 --> 01:55:43.400] ...and so on and so forth.
[01:55:43.400 --> 01:55:46.400]  So no, they're not arguing maritime jurisdiction.
[01:55:46.400 --> 01:55:50.400]  They're arguing statutory, which is one of the things Randy talks about all the time,
[01:55:50.400 --> 01:55:52.400]  but that's what they're doing.
[01:55:52.400 --> 01:55:56.400]  And people are trying to merge the two when that's oil and water.
[01:55:56.400 --> 01:55:58.400]  They don't mix.
[01:55:58.400 --> 01:55:59.400]  Right.
[01:55:59.400 --> 01:56:00.400]  I agree.
[01:56:00.400 --> 01:56:02.400]  They don't mix, but you'd have to make that argument.
[01:56:02.400 --> 01:56:05.400]  And the statutes also do not have implementing regulation.
[01:56:05.400 --> 01:56:09.400]  The implementing clause is supposed to come from each of the states.
[01:56:09.400 --> 01:56:10.400]  Separate issue.
[01:56:10.400 --> 01:56:12.400]  It's a private contract.
[01:56:12.400 --> 01:56:13.400]  Separate issue.
[01:56:13.400 --> 01:56:14.400]  No, it's not.
[01:56:14.400 --> 01:56:15.400]  Well, it's private, so...
[01:56:15.400 --> 01:56:17.400]  It doesn't go to maritime.
[01:56:17.400 --> 01:56:20.400]  Look at the Black's Law Dictionary at the front.
[01:56:20.400 --> 01:56:21.400]  What does it list?
[01:56:21.400 --> 01:56:23.400]  It lists all the kings of England.
[01:56:23.400 --> 01:56:24.400]  Okay.
[01:56:24.400 --> 01:56:26.400]  No, no, wait, wait, wait.
[01:56:26.400 --> 01:56:33.400]  We're not going to do every legal reform argument we can come up with.
[01:56:33.400 --> 01:56:35.400]  We're trying to stay with maritime.
[01:56:35.400 --> 01:56:36.400]  Well, I know.
[01:56:36.400 --> 01:56:38.400]  I know, but that's just it.
[01:56:38.400 --> 01:56:40.400]  It's all related.
[01:56:40.400 --> 01:56:42.400]  How?
[01:56:42.400 --> 01:56:46.400]  You're making these assertions, but I can't get any connections.
[01:56:46.400 --> 01:56:48.400]  Insurance.
[01:56:48.400 --> 01:56:49.400]  It's all related.
[01:56:49.400 --> 01:56:50.400]  How?
[01:56:50.400 --> 01:56:52.400]  How is insurance related?
[01:56:52.400 --> 01:56:59.400]  I would like to see some statute or case law that shows that if there's an insurance policy, it necessarily invokes maritime.
[01:56:59.400 --> 01:57:06.400]  I mean, we need something a little bit more concrete, not just that insurance policies originated with ships.
[01:57:06.400 --> 01:57:07.400]  In maritime.
[01:57:07.400 --> 01:57:08.400]  That's okay.
[01:57:08.400 --> 01:57:09.400]  That's not enough.
[01:57:09.400 --> 01:57:22.400]  What we can find that shows where a pleading can draw directly into maritime is if the jurisdictional statement within the pleading itself references 28 USC 1333 or 1337.
[01:57:22.400 --> 01:57:27.400]  But that is where the jurisdiction must be brought into play when the pleading is filed.
[01:57:27.400 --> 01:57:33.400]  If it does not exist in the pleading, then it's not invoking that jurisdiction for that pleading.
[01:57:33.400 --> 01:57:42.400]  So it has to somehow mention that statute or show that that statute is relevant in order to invoke maritime, period.
[01:57:42.400 --> 01:57:43.400]  Is that what you're saying, Eddie?
[01:57:43.400 --> 01:57:46.400]  To invoke the jurisdiction of the court under their admiralty, yes.
[01:57:46.400 --> 01:57:47.400]  Okay, well there you go.
[01:57:47.400 --> 01:57:49.400]  And there's no presumption there.
[01:57:49.400 --> 01:57:52.400]  That's a proactive statement of jurisdiction.
[01:57:52.400 --> 01:57:57.400]  And now if I'm on the other side, I have opportunity to challenge that jurisdiction.
[01:57:57.400 --> 01:57:58.400]  Right.
[01:57:58.400 --> 01:58:01.400]  Right.
[01:58:01.400 --> 01:58:04.400]  Okay, well listen, we're at the end of the show, Mike.
[01:58:04.400 --> 01:58:05.400]  Listen, Mike, we're at the end of the show.
[01:58:05.400 --> 01:58:08.400]  You can hang on if you want.
[01:58:08.400 --> 01:58:14.400]  But when we get after midnight, I do want to go to the other callers first who have been hanging for a long time, and then we can go back to you.
[01:58:14.400 --> 01:58:17.400]  Callers, we've got about three other callers on the line.
[01:58:17.400 --> 01:58:19.400]  There were like five or six.
[01:58:19.400 --> 01:58:24.400]  So anyone out there listening who wants to call in, I'll keep the phone lines open for about another half hour or so.
[01:58:24.400 --> 01:58:27.400]  And then we'll take all the rest of the calls.
[01:58:27.400 --> 01:58:28.400]  All right.
[01:58:28.400 --> 01:58:55.400]  So we will be right back, the rule of law.
[01:58:55.400 --> 01:59:12.400]  All right.
[01:59:12.400 --> 01:59:36.400]  All right.
[01:59:36.400 --> 01:59:51.400]  All right.
[01:59:51.400 --> 02:00:06.400]  All right.