ROL_2009-10-30_16k_Hr1-2.timecode

[00:00.000 --> 00:04.880]  This news break brought to you by the International News Net.
[00:04.880 --> 00:11.720]  The five UN staff killed by Taliban suicide bombers disguised as police in Kabul Wednesday
[00:11.720 --> 00:16.480]  was the deadliest assault on the UN in its 50 years in the country.
[00:16.480 --> 00:22.660]  Qasih Hussain Ahmed, former chief of Pakistan's oldest religious party, says NATO and American
[00:22.660 --> 00:28.200]  forces are destined for crushing and shameful defeat in Afghanistan and they should immediately
[00:28.200 --> 00:32.880]  withdraw their troops to save themselves from this quagmire.
[00:32.880 --> 00:37.720]  Abduction for ransom is making a comeback in Baghdad according to recent letters sent
[00:37.720 --> 00:39.480]  to Iraqi newspapers.
[00:39.480 --> 00:43.800]  Inhabitants of numerous Baghdad quarters say they no longer feel secure.
[00:43.800 --> 00:48.840]  One letter said, our areas enjoyed improved security conditions in the past months but
[00:48.840 --> 00:52.840]  violence is returning.
[00:52.840 --> 00:58.080]  At least three doctors will be risking arrest in civil disobedience actions being held this
[00:58.080 --> 01:03.040]  week to demand an end to insurance abuse and real health care reform.
[01:03.040 --> 01:08.440]  Dr. Ken Weinberg, who will be risking arrest at the Well Point offices in New York, says
[01:08.440 --> 01:12.560]  this is a moral issue and he needs to be out there because he doesn't know what else to
[01:12.560 --> 01:13.560]  do.
[01:13.560 --> 01:19.040]  Weinberg says, I've met with my senators and congressmen and nothing works, adding, I think
[01:19.040 --> 01:24.560]  what really pushed me over was the new study from Harvard showing that 45,000 people die
[01:24.560 --> 01:29.600]  each year because they don't have health insurance and that to me is criminal.
[01:29.600 --> 01:34.160]  Weinberg went on, our elected representatives are so in the pockets of the insurance companies
[01:34.160 --> 01:39.360]  they're not doing anything, they're not responsive to the American people, so this is a wake
[01:39.360 --> 01:48.400]  up call to them.
[01:48.400 --> 01:53.680]  Critics say Barack Obama and top health officials are engaging in a major public relations effort
[01:53.680 --> 01:58.800]  to divert attention away from whether swine flu vaccine is effective and safe to whether
[01:58.800 --> 02:03.880]  there is enough to go around and mainstream media is cooperating.
[02:03.880 --> 02:09.400]  This echoes the way media debate was manipulated during the Vietnam and Iraq wars, instead
[02:09.400 --> 02:13.400]  of debating whether we should be fighting those wars, the media debated only whether
[02:13.400 --> 02:16.320]  we were using the correct military strategy.
[02:16.320 --> 02:22.440]  The Centers for Disease Control has been running scare ads that portray swine flu as a pandemic
[02:22.440 --> 02:28.320]  which unless stopped by universal vaccination could kill millions of Americans but Dr Anthony
[02:28.320 --> 02:36.360]  Morris, former chief vaccine officer at the Food and Drug Administration states, there
[02:36.360 --> 02:42.200]  is no evidence that any influenza vaccine is effective in preventing or mitigating influenza
[02:42.200 --> 02:46.840]  and that the producers of these vaccines know they are worthless but go on selling them
[02:46.840 --> 02:53.840]  anyway.
[03:16.840 --> 03:24.840]  Bad boys, bad boys, bad boys Bad boys, bad boys, bad boys
[03:46.840 --> 03:50.840]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:50.840 --> 03:56.840]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:56.840 --> 04:01.840]  When you were eight and you had bad trees You'd go to school and learn the golden rules
[04:01.840 --> 04:07.840]  So why are you acting like a bloody fool? If you get hot, then you must get cool
[04:07.840 --> 04:10.840]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:10.840 --> 04:12.840]  That's right, we cool
[04:12.840 --> 04:16.840]  This is Randy Kelton, Eddie Craig, Rule of Law
[04:16.840 --> 04:18.840]  Deb is not here tonight
[04:18.840 --> 04:25.840]  It seems some folks come and commandeered her to help them with a gig spinning fire
[04:25.840 --> 04:31.840]  So she's gonna be out playing while we're slaving over a hot microphone
[04:31.840 --> 04:38.840]  And Eddie has got some interesting information about property taxes
[04:38.840 --> 04:40.840]  You wanna pick it up, Eddie?
[04:40.840 --> 04:42.840]  Sure, we'll go with a little bit of that, why not?
[04:42.840 --> 04:46.840]  Okay, we've been getting a lot of questions about this from folks
[04:46.840 --> 04:49.840]  We got quite a bit of it at the seminar, people wanting to know about it
[04:49.840 --> 04:54.840]  And of course, we've got some personal interaction with it from time to time
[04:54.840 --> 04:57.840]  But Texas property taxes
[04:57.840 --> 05:02.840]  We have a gubernatorial candidate that says she wants to ban all property taxes in Texas
[05:02.840 --> 05:08.840]  But in the meantime, she wants to do so by putting up a property sales tax
[05:08.840 --> 05:14.840]  Now, y'all are very familiar, hopefully, with the essay that I read on the show one night
[05:14.840 --> 05:19.840]  Dealing with sales taxes in Texas and what their limited application really is
[05:19.840 --> 05:23.840]  Hopefully, the powers that be won't pick up on that if she gets this passed
[05:23.840 --> 05:27.840]  And she'll actually apply it the way it's written instead of the way they think it's going to work
[05:27.840 --> 05:31.840]  But be that as it may, let's deal with what we've got on hand at the moment
[05:31.840 --> 05:36.840]  If you've ever gotten one of these tax assessor bills from the county tax assessor
[05:36.840 --> 05:40.840]  It basically says you owe us money because you own property
[05:40.840 --> 05:42.840]  I've always sort of had a problem with that
[05:42.840 --> 05:45.840]  I bought it, I paid for it
[05:45.840 --> 05:50.840]  Who gave you any right to tell me I owe you additional money because I bought it and paid for it?
[05:50.840 --> 05:53.840]  That concept's always been kind of alien to me
[05:53.840 --> 05:57.840]  So when I started researching the sales tax, I also took a look at this
[05:57.840 --> 06:03.840]  But this particular section somehow has evaded notice until late this afternoon
[06:03.840 --> 06:11.840]  This is the Texas tax code under property tax, subtitle C, chapter 11, sub-chapter B, exemptions
[06:11.840 --> 06:16.840]  Specifically section 11.12, federal exemptions
[06:16.840 --> 06:26.840]  And it says property exempt from ad valorem taxation by federal law is exempt from taxation
[06:26.840 --> 06:30.840]  Now for those of you that latched on to that immediately, congrats
[06:30.840 --> 06:34.840]  And for those of you that didn't, here's kind of what that means
[06:34.840 --> 06:40.840]  If the federal government cannot tax it from an ad valorem standpoint, it's exempt under federal law
[06:40.840 --> 06:43.840]  Well, the highest form of federal law is the federal constitution
[06:43.840 --> 06:49.840]  Which directly exempted the people's property from taxation by the federal government
[06:49.840 --> 06:59.840]  So if they can't tax it ad valorem, this section of law specifically says the state cannot tax it ad valorem because it is exempt
[06:59.840 --> 07:07.840]  Now if you've got one of these little tax statements in the mail here recently, one of the key things on it is how it addresses you
[07:07.840 --> 07:14.840]  Dear taxpayer, guess what? Are you a taxpayer? What does that term mean?
[07:14.840 --> 07:19.840]  Our IQE rule from the seminar kicks in full blast here
[07:19.840 --> 07:27.840]  So let's see, there are very few definitions for the term taxpayer in the Texas codes, especially the tax code
[07:27.840 --> 07:36.840]  The first one is in the tax code under Title II, State Taxation, General Provision, Section 101.003
[07:36.840 --> 07:47.840]  Definitions in this title, that means that in Title II, State Taxation, this definition of taxpayer applies to everybody
[07:47.840 --> 08:01.840]  Taxpayer means a person liable for a tax, fee, assessment or other amount imposed by a statute or under the authority of a statutory function administered by the comptroller
[08:01.840 --> 08:07.840]  Now for those of you at the seminar, you know very well what a person is
[08:07.840 --> 08:15.840]  Guess what? The tax code says Chapter 311 applies to the entire tax code, unless specifically stated otherwise
[08:15.840 --> 08:24.840]  And it will also surprise you to learn that there is only one definition of the term person in the entire tax code
[08:24.840 --> 08:29.840]  There is only one definition of person includes in the entire tax code
[08:29.840 --> 08:40.840]  And they both say pretty much exactly the same thing of the definition that we saw in the transportation code, individual, corporation, association, blah blah blah
[08:40.840 --> 08:49.840]  In other words, once again, the property of a legal entity, not the private people, the legal entities
[08:49.840 --> 08:57.840]  Let's go down a little bit more, Section 111.0043, General Audit and Pre-Hearing Powers
[08:57.840 --> 09:04.840]  Now this particular chapter of the code is where they love to try to do their enforcement procedures at the state level
[09:04.840 --> 09:08.840]  This is where they use their strong arm tactics, is in this chapter right here
[09:08.840 --> 09:12.840]  Right here it states, definition of person
[09:12.840 --> 09:23.840]  Person includes an individual, corporation, partner, partnership, officer or director of a corporation, joint venture, trust, trustee, agent or association
[09:23.840 --> 09:29.840]  Anybody see the familiarity of this definition with the way it was in the traffic code?
[09:29.840 --> 09:34.840]  Now let's go down to number 2, which is the definition of taxpayer
[09:34.840 --> 09:44.840]  Taxpayer means the person, as what we just saw defined, whose tax obligation the comptroller is seeking to determine
[09:44.840 --> 09:54.840]  Then we go down to Compacts and Uniform Laws for State Taxation, which is Chapter 141, the Multistate Tax Compact
[09:54.840 --> 09:59.840]  Section 141.001, Adoption of Multistate Tax Compact
[09:59.840 --> 10:06.840]  The Multistate Tax Compact is adopted and entered into with all jurisdictions legally adopting it to read as follows
[10:06.840 --> 10:10.840]  Article 2 definitions as used in this Compact
[10:10.840 --> 10:24.840]  Taxpayer means any corporation, partnership, firm, association, governmental unit or agency or person acting as a business entity in more than one state
[10:24.840 --> 10:33.840]  The only definitions or inclusions for the term person in the Texas Tax Code was the one we saw up there just a second ago
[10:33.840 --> 10:44.840]  In 11.0043, and then we have the one in Property Tax Code under Subchapter B, Special Appraisal Provisions
[10:44.840 --> 10:57.840]  Subitem 10, person means a, and let's see, by the way, this is Appraisal and Assessment, person means a natural person, corporation, partnership or other legal entity
[10:57.840 --> 11:03.840]  Now we also covered natural person in the Transportation Code Seminar
[11:03.840 --> 11:15.840]  In that you will find that it's an oxymoron to think that the statement a real live man when it uses the term natural person, that just can't be
[11:15.840 --> 11:21.840]  A person is nothing natural to begin with, therefore calling them natural is an oxymoron
[11:21.840 --> 11:34.840]  Now Michael, Kevin Michaels out in California said that he has seen case law, and may have some, that actually shows that natural person in these references in most laws
[11:34.840 --> 11:41.840]  Actually refers to officers of one of these legal entities we're seeing here listed thereafter
[11:41.840 --> 11:53.840]  If that is the case, as I have certainly said before that it is, that we're dealing with nothing more than another type of legal fiction, then this pretty much locks it in
[11:53.840 --> 12:02.840]  That the tax code is still specifically limited to only those things that are created by statute, not by nature
[12:02.840 --> 12:17.840]  Now the only definition anywhere in the tax code is in Chapter 171 franchise tax, sub-item 11-A, natural person, means a human being or the estate of a human being
[12:17.840 --> 12:23.840]  Now remember, this is under a franchise tax, this has nothing to do with your property tax
[12:23.840 --> 12:32.840]  So why the prohibition on defining the term natural person anywhere else if this definition actually meant a real man or woman?
[12:32.840 --> 12:38.840]  That's some things that Randy and I are going to be looking at and going through to see what we can come up on the research
[12:38.840 --> 12:46.840]  And what we're hoping is that there's enough people out there listening right now that you will latch onto this tooth and nail and do some research of your own
[12:46.840 --> 12:53.840]  And contribute in to us what you come up with so that we can compile it, see what we can get going on this
[12:53.840 --> 13:02.840]  And actually start putting some fear into those that want to steal our property for unpaid taxes we didn't know to begin with
[13:02.840 --> 13:11.840]  Now Randy and I sat and looked for case law on this today, Randy, so I'm going to let you go with the hypothesis on what we believe we found in that regard
[13:11.840 --> 13:20.840]  Okay, the case law on this particular issue was glaring by its absence
[13:20.840 --> 13:30.840]  When I come across a statute that is so clear as to be virtually impossible to misunderstand
[13:30.840 --> 13:39.840]  And then I look at the case law and there is zero, well actually not zero, there was a little bit of case law
[13:39.840 --> 13:49.840]  But it all went to entities that had federal connections, there were actually only about three cases
[13:49.840 --> 13:59.840]  They had one, the major one that was cited numerous times had to do with an oil deal that was interstate
[13:59.840 --> 14:08.840]  And the other one had to do with a religious exemption that was also interstate
[14:08.840 --> 14:24.840]  So everything went to the federal connection, nothing addressed this issue of what the federal law prohibits is not taxable in the state
[14:24.840 --> 14:34.840]  And what I suspect is the reason is that it is a very serious problem for these guys
[14:34.840 --> 14:52.840]  So when the issue comes up, they make absolutely sure it never gets to a court that could render a ruling that would cause them to have to stop paying taxes, collecting these taxes
[14:52.840 --> 15:06.840]  So I suspect there's been a number of cases on the issue and the government has made a quick deal to keep the issue from ever getting to a higher court
[15:06.840 --> 15:14.840]  And in a way that's a good thing because if you're the one that happens to be aware of it and you run down there and kick them in their teeth
[15:14.840 --> 15:24.840]  In order to keep you from messing up the playground, they will play let's make a deal
[15:24.840 --> 15:32.840]  And that's pretty much what I see is probably why we have zero case law
[15:32.840 --> 15:37.840]  Yeah, because you can most certainly bet it's not unadjudicated
[15:37.840 --> 15:49.840]  This has been brought up, I'm certain of it has been brought up sometime, but we couldn't find a single case on Lexis that identified any private property issues under this section
[15:49.840 --> 16:07.840]  Yes, it was as if they framed the case law that was published to give the impression that this statute only went to something that was federal in its nature
[16:07.840 --> 16:23.840]  But it doesn't, it's not in a federal statute, it's in a state statute, so this goes to state activity, doesn't go to diversity jurisdiction that would be dealt with by the feds
[16:23.840 --> 16:35.840]  Not here, so I think they're deliberately ceded the case law to hide the real issue
[16:35.840 --> 16:38.840]  Surprise!
[16:38.840 --> 16:41.840]  Where's that annoying music coming from?
[16:41.840 --> 16:46.840]  Okay, we will be back, if you want to take us out 80, I don't have a call screen up
[16:46.840 --> 17:03.840]  Yes sir, actually I don't have it up either, but we will be back momentarily with more rule of law, I'll hang in there
[17:03.840 --> 17:09.840]  Yes, the light is shining more and more under the perfect day and a new world is coming soon
[17:09.840 --> 17:21.840]  Please come check out the personal peace, liberty and justice seminar beginning this Saturday from 3 to 4 o'clock at Brave New Books, 1904 Guadalupe in Austin, Texas across from UT
[17:21.840 --> 17:25.840]  Find out what's personally in store straight from the bravest books of all time
[17:25.840 --> 17:30.840]  This could be the most important meeting you'll ever attend, the truth shall make us free
[17:30.840 --> 17:35.840]  There's no registration and like all the best things in life, yes, it's absolutely free
[17:35.840 --> 17:45.840]  Personal peace, liberty and justice, hope for a new world this Saturday, October 31st, 3 p.m. Brave New Books, I dare you
[17:45.840 --> 18:00.840]  Hope to see you there
[18:15.840 --> 18:39.840]  Okay, we're back, Randy Kelton, Eddie Craig, Debra has the night off, she's out playing while we're slaving over these hot microphones
[18:39.840 --> 18:50.840]  And we're talking about the tax code, we have a couple of callers, we have Todd from Ohio and Rick from California
[18:50.840 --> 18:56.840]  We'll take a couple of callers and then go back to griping about taxes
[18:56.840 --> 18:59.840]  Todd, are you there?
[18:59.840 --> 19:01.840]  Yeah, how you doing there?
[19:01.840 --> 19:04.840]  Doing pretty good, you have a question or comment?
[19:04.840 --> 19:14.840]  Well, I was going to call at the end of the show last night, I was all shook and nervous because I was filing my very first motion
[19:14.840 --> 19:18.840]  And you called into agenda 21 earlier, didn't you?
[19:18.840 --> 19:23.840]  No, I called in last night, that was the last time I called in
[19:23.840 --> 19:34.840]  And yeah, right now I have a case that I'm dealing with a civil suit between myself and a credit card company
[19:34.840 --> 19:42.840]  And they sent me a complaint and a summons and I decided to respond first of all and foremost
[19:42.840 --> 19:50.840]  Due to their summons I don't believe was complete according to some state procedural rule, 10-D
[19:50.840 --> 19:54.840]  They said that they had to provide more information than they did
[19:54.840 --> 20:00.840]  So I filed a motion for a more definite statement, requesting that they provide that, but not only that
[20:00.840 --> 20:06.840]  But a copy of the application for the credit card
[20:06.840 --> 20:15.840]  And the reason I'm doing that is because I'm not sure if it'll go by the judge and he'll approve that part
[20:15.840 --> 20:22.840]  And I don't think that they'll be able to show the application in their complaint, they allege that I did a complete one
[20:22.840 --> 20:31.840]  Okay, the very first thing you need to do always in credit card, if they move against you, is challenge standing
[20:31.840 --> 20:36.840]  You need to request validation, verification
[20:36.840 --> 20:42.840]  Now, they call it validation and verification, but I think that is a misnomer
[20:42.840 --> 20:54.840]  What the case law says is, they have to give you an accounting of the account
[20:54.840 --> 21:03.840]  And it has to be verified, affirmed and verified by some person
[21:03.840 --> 21:09.840]  Now, they don't even want to do that because you get to depose that person
[21:09.840 --> 21:14.840]  And then find out if the person actually has personal knowledge of the contents of this account
[21:14.840 --> 21:18.840]  And if he doesn't, he has a problem
[21:18.840 --> 21:24.840]  So the credit card company is generally the one who's doing the collecting, it's not the credit card company
[21:24.840 --> 21:27.840]  It's a third party debt collector
[21:27.840 --> 21:30.840]  Which in this case has to be the lawyer for the credit card company
[21:30.840 --> 21:32.840]  Are you sure?
[21:32.840 --> 21:34.840]  Because it's still third party
[21:34.840 --> 21:38.840]  That's why you demand bona fides
[21:38.840 --> 21:40.840]  Could you repeat that?
[21:40.840 --> 21:43.840]  Bona fides, that's an old term
[21:43.840 --> 21:45.840]  But it means credentials
[21:45.840 --> 21:47.840]  Yeah, here's proof
[21:47.840 --> 21:55.840]  Who are you and what proof do you have that you are an agent for the principal?
[21:55.840 --> 22:02.840]  The standard is that agency cannot be proven out of the mouth of the agent
[22:02.840 --> 22:06.840]  It must be proven out of the mouth of the principal
[22:06.840 --> 22:15.840]  So we need a principal who will file in the court a verified affidavit
[22:15.840 --> 22:18.840]  Verified in law means notarized
[22:18.840 --> 22:22.840]  After it's affirmed, affirmed in law means signed
[22:22.840 --> 22:34.840]  So they need to, someone needs to state under oath that you are, that this particular law firm is the agent of the principal
[22:34.840 --> 22:37.840]  And they will almost never do that
[22:37.840 --> 22:45.840]  Because of the way the credit cards are collected, they just put them out there and any attorney who wants to pick them up and try to collect them can
[22:45.840 --> 22:51.840]  They don't really have any kind of contract with the attorney
[22:51.840 --> 22:55.840]  He's just shucking and jiving
[22:55.840 --> 23:01.840]  The first thing you do is you make him put up or shut up
[23:01.840 --> 23:04.840]  Show he standing
[23:04.840 --> 23:07.840]  A motion for
[23:07.840 --> 23:10.840]  Challenge to jurisdiction
[23:10.840 --> 23:12.840]  A motion for a challenge
[23:12.840 --> 23:15.840]  You file a challenge to jurisdiction
[23:15.840 --> 23:18.840]  Here's the deal
[23:18.840 --> 23:26.840]  If he doesn't have standing, then he is unable to invoke the subject matter jurisdiction of the court
[23:26.840 --> 23:32.840]  In fact, it is the court who should make the determination of standing, not you
[23:32.840 --> 23:38.840]  Because if the judge is attempting to exert an authority against you
[23:38.840 --> 23:51.840]  And the petitioner doesn't have standing, then the judge does not have subject matter jurisdiction and he is impersonating a public official
[23:51.840 --> 23:58.840]  I remember I heard about this on your show. Did I jump the gun by filing the motion for a more definite statement or is it still not too
[23:58.840 --> 24:05.840]  No, because that essentially goes to jurisdiction
[24:05.840 --> 24:11.840]  You're challenging the original document as being insufficient
[24:11.840 --> 24:17.840]  And a motion is what it is regardless of what is titled
[24:17.840 --> 24:23.840]  So the court will evaluate the document for what it actually is no matter what title you happen to put on it
[24:23.840 --> 24:33.840]  A request for a more definite statement merely tells the court that the document is insufficient for you to be able to answer to it
[24:33.840 --> 24:37.840]  And that goes to subject matter jurisdiction
[24:37.840 --> 24:43.840]  If I were you, I would file another document titled challenge to subject matter jurisdiction
[24:43.840 --> 24:54.840]  And demand that the petitioner prove up agency to show that he has standing to bring this issue before the court
[24:54.840 --> 24:58.840]  Is there anywhere I can get more information about this?
[24:58.840 --> 25:07.840]  Read, read, have you listened to the show with Mike Muras?
[25:07.840 --> 25:14.840]  Okay, because he went over FDCPA a lot. I listened to that show a couple of times and unfortunately this company didn't violate
[25:14.840 --> 25:24.840]  They didn't even call me. They just filed the complaint right away after the alleged credit card company sent me a bill
[25:24.840 --> 25:27.840]  Send me an email
[25:27.840 --> 25:41.840]  I prepared one for someone on Texas law and I can send it to you because it's been filed and now it's a public record
[25:41.840 --> 25:45.840]  So they can't quite bet me about it but you'll see how I took them on
[25:45.840 --> 25:52.840]  Well in this one I actually, we countersued cross-complaint against the judge
[25:52.840 --> 26:03.840]  Claimed he didn't have subject matter jurisdiction but this particular petition had not been notarized
[26:03.840 --> 26:07.840]  And the statute required it
[26:07.840 --> 26:13.840]  So it was insufficient but we also challenged agency
[26:13.840 --> 26:16.840]  And it's not real difficult
[26:16.840 --> 26:21.840]  This question's not, legally it's not very sophisticated
[26:21.840 --> 26:23.840]  Who the heck are you?
[26:23.840 --> 26:34.840]  And how do I know that if I pay you that I won't have some other jack leg coming down here next week claiming he's the attorney for the credit card company
[26:34.840 --> 26:37.840]  And he wants to collect the bill
[26:37.840 --> 26:39.840]  Right, that's a good point
[26:39.840 --> 26:48.840]  When I put this together would you wait until you get a response on the motion and then go ahead and put forth the challenge subject matter jurisdiction?
[26:48.840 --> 26:52.840]  Put the challenge subject matter jurisdiction in immediately
[26:52.840 --> 26:53.840]  Okay
[26:53.840 --> 26:57.840]  I would do that right away, that's generally the first thing you do
[26:57.840 --> 27:06.840]  You essentially have done that but before you even read their statement you want to know who they are
[27:06.840 --> 27:12.840]  And what authority they have to even prepare and file that statement
[27:12.840 --> 27:15.840]  And that's the subject matter jurisdiction will ask for that
[27:15.840 --> 27:19.840]  And that's all you have to do is ask for a prove up agency
[27:19.840 --> 27:23.840]  In Texas and in the Fed that's called a rule 12 motion
[27:23.840 --> 27:29.840]  And they have a colloquial name for it because it is so common
[27:29.840 --> 27:35.840]  This won't be a surprise to the court that they get a challenge to jurisdiction to show agency
[27:35.840 --> 27:39.840]  Because people do that all the time, it's a standard routine
[27:39.840 --> 27:41.840]  Okay
[27:41.840 --> 27:43.840]  And you're at rulelawradio.com?
[27:43.840 --> 27:44.840]  Yes
[27:44.840 --> 27:45.840]  Awesome
[27:45.840 --> 27:48.840]  Hey man, you guys are doing a heck of a job and this is the first of many for me
[27:48.840 --> 27:52.840]  So I hope to keep it up and keep on spending time in that law library
[27:52.840 --> 27:54.840]  Okay, thank you
[27:54.840 --> 27:56.840]  Thanks for what you do
[27:56.840 --> 27:57.840]  Oops
[27:57.840 --> 28:00.840]  You're still there? I cut you off a little too quick
[28:00.840 --> 28:03.840]  I was just saying that should suffice right now
[28:03.840 --> 28:07.840]  I'm going to shoot that email right over to you and then get right back on track on this
[28:07.840 --> 28:10.840]  So I appreciate the story
[28:10.840 --> 28:15.840]  Okay, and now we're going to go to Rick from California
[28:15.840 --> 28:17.840]  Rick, you there?
[28:17.840 --> 28:19.840]  Yeah, how's it going?
[28:19.840 --> 28:21.840]  It's going pretty good
[28:21.840 --> 28:23.840]  I thought you were in jail?
[28:23.840 --> 28:27.840]  No, not yet
[28:27.840 --> 28:32.840]  But I just wanted to come up to you because I want you to do a good job
[28:32.840 --> 28:37.840]  Hey Rick, hang on a sec, you're breaking up really bad
[28:37.840 --> 28:39.840]  Okay
[28:39.840 --> 28:43.840]  All right, see if you don't have any background noise or anything,
[28:43.840 --> 28:48.840]  then talk a little bit slower or something's reverbing on you and you're cutting out
[28:48.840 --> 29:00.840]  Okay, so what's going on is that there's someone that has a date and he filed paperwork
[29:00.840 --> 29:03.840]  He was about to file paperwork
[29:03.840 --> 29:09.840]  Wait Rick, we're about to go to break and your connection really sucks
[29:09.840 --> 29:14.840]  Hang up and call back and we'll pick you up on the other side
[29:14.840 --> 29:15.840]  Okay
[29:15.840 --> 29:19.840]  Maybe you'll get a better connection
[29:19.840 --> 29:20.840]  Okay
[29:20.840 --> 29:21.840]  Okay
[29:21.840 --> 29:25.840]  And we have Kathy from Texas, we'll take Kathy on the other side as well
[29:25.840 --> 29:32.840]  This is Randy Kelt and Eddie Craig and I don't hear any music, I should be hearing music
[29:32.840 --> 29:33.840]  There we go
[29:33.840 --> 29:35.840]  Camera on
[29:35.840 --> 29:40.840]  Okay, Debra's not here, she's out spinning fire and having fun
[29:40.840 --> 29:43.840]  And we're here working and slaving
[29:43.840 --> 30:00.840]  So we'll be back in a few minutes and take up some more callers
[30:00.840 --> 30:03.840]  Boy, that dinner sure was swell, wasn't it, darling?
[30:03.840 --> 30:04.840]  Yeah, it was pretty good
[30:04.840 --> 30:05.840]  You know, I love...
[30:05.840 --> 30:07.840]  Oh great, it's the police
[30:07.840 --> 30:11.840]  Just calm down, honey, just do what they say
[30:11.840 --> 30:20.840]  It is I, our Dr. Bader, I want to bring your life
[30:20.840 --> 30:22.840]  Vampire cops got you down?
[30:22.840 --> 30:26.840]  Then join Texans for Accountable Government on Halloween at 8 p.m.
[30:26.840 --> 30:28.840]  at the corner of South 1st and Barton Springs Road
[30:28.840 --> 30:32.840]  as we hold a press conference and we protest non-consensual blood withdrawals
[30:32.840 --> 30:35.840]  Later that night at 10 p.m. we'll be partying at Elysium
[30:35.840 --> 30:38.840]  located at 705 Red River Street
[30:38.840 --> 30:40.840]  Tell the bouncer you're with Texans for Accountable Government
[30:40.840 --> 30:44.840]  and the $5 cover charge will go to Support Square Patrol
[30:44.840 --> 30:47.840]  a local nonprofit which offers sober rides home
[30:47.840 --> 30:51.840]  Again, join us at 8 p.m. on the corner of South 1st and Barton Springs
[30:51.840 --> 30:54.840]  Go to tagtexas.org for more info
[30:54.840 --> 30:58.840]  And remember Austin, don't drink and drive
[31:24.840 --> 31:28.840]  Texans are risk for the team
[31:28.840 --> 31:32.840]  Well, I need a prosecutor to come and help me
[31:32.840 --> 31:34.840]  Prosecute them wicked leaders, you see
[31:34.840 --> 31:36.840]  The mamonga there a liar, them tell me
[31:36.840 --> 31:39.840]  Them a liar, not tell six stories
[31:39.840 --> 31:41.840]  Do not believe me, say what them tell me
[31:41.840 --> 31:42.840]  3%...
[31:42.840 --> 31:46.840]  Okay, we're back, Randy Kelton, Eddie Craig
[31:46.840 --> 31:48.840]  I have to remember that Deborah's not here
[31:48.840 --> 31:51.840]  so I have to sit here for this place
[31:51.840 --> 31:59.840]  Okay, that was the second beep
[31:59.840 --> 32:01.840]  Now I'm confused
[32:01.840 --> 32:03.840]  Go ahead, it was a misclick
[32:03.840 --> 32:05.840]  Oh, okay
[32:05.840 --> 32:07.840]  We're back
[32:07.840 --> 32:10.840]  Rick, are you there?
[32:10.840 --> 32:12.840]  Yes, does it sound better now?
[32:12.840 --> 32:14.840]  Yeah, it sounds a little better
[32:14.840 --> 32:17.840]  Speak up a little bit
[32:17.840 --> 32:19.840]  Okay
[32:19.840 --> 32:22.840]  Okay, you said someone had a case?
[32:22.840 --> 32:25.840]  Right, he had a case, he was arrested
[32:25.840 --> 32:31.840]  And what happened was he was basically on probation
[32:31.840 --> 32:36.840]  So he was held 30 days for violation of probation
[32:36.840 --> 32:43.840]  And then he was held another 30 days for essentially the crime
[32:43.840 --> 32:46.840]  that he hadn't even had the trial for yet
[32:46.840 --> 32:49.840]  And then was let out
[32:49.840 --> 32:54.840]  And then he filed motions about a week and a half ago
[32:54.840 --> 33:02.840]  And what happened is that he has to go November 6th for pretrial
[33:02.840 --> 33:06.840]  He did a withdrawal of plea, a motion to dismiss
[33:06.840 --> 33:09.840]  a judicial notice, and an Armstrong motion
[33:09.840 --> 33:14.840]  And so what happened was he went to go make copies of his file
[33:14.840 --> 33:19.840]  And when we went to go look at the copies, we got it certified
[33:19.840 --> 33:26.840]  But it was so thin, it was probably thin as just a judicial notice, if that
[33:26.840 --> 33:29.840]  But when we looked, there was nothing in the file
[33:29.840 --> 33:31.840]  except for what the DA had sent him
[33:31.840 --> 33:34.840]  stating that he filed a criminal complaint
[33:34.840 --> 33:37.840]  which there was no criminal complaint in there
[33:37.840 --> 33:39.840]  just the citation notice to appear
[33:39.840 --> 33:45.840]  And that's pretty much the end of the citation itself
[33:45.840 --> 33:50.840]  So there was nothing in there and, of course, the minute orders
[33:50.840 --> 33:55.840]  No motions were in there, not even what he had gotten from discovery
[33:55.840 --> 33:57.840]  when he fired his public pretender
[33:57.840 --> 34:02.840]  And then when he asked, excuse me, how can I have this certified
[34:02.840 --> 34:05.840]  if it's not full, true, and correct?
[34:05.840 --> 34:07.840]  If it's not full, true, or correct, it's certified
[34:07.840 --> 34:10.840]  You just gave me certified, and all the files aren't even in here
[34:10.840 --> 34:14.840]  And then the court clerk said, well, the judge is looking at it
[34:14.840 --> 34:18.840]  He said, well, wouldn't he need the whole file?
[34:18.840 --> 34:23.840]  And so essentially he went up the ladder, even went to the county court clerk
[34:23.840 --> 34:26.840]  and I think they didn't think he was going to go to her
[34:26.840 --> 34:28.840]  because we got everybody's name
[34:28.840 --> 34:30.840]  And she said, well, that's just how we do it
[34:30.840 --> 34:36.840]  And I haven't been able to find where it is a crime to tamper with the files
[34:36.840 --> 34:41.840]  Obviously, if the court clerk does not have the whole file, then who does, you know?
[34:41.840 --> 34:44.840]  They could be putting in paperwork and taking anything out
[34:44.840 --> 34:53.840]  Does the California Constitution guarantee you in the right to a public court?
[34:53.840 --> 34:54.840]  Yes
[34:54.840 --> 35:00.840]  And that's sufficient, charged her with the constitutional violation
[35:00.840 --> 35:01.840]  Okay
[35:01.840 --> 35:03.840]  And goes to due process
[35:03.840 --> 35:09.840]  It's so well adjudicated that there's no way to dance around that one
[35:09.840 --> 35:15.840]  Okay, let me understand exactly what they were claiming
[35:15.840 --> 35:19.840]  They were claiming that the judge had part of these records
[35:19.840 --> 35:21.840]  Yes
[35:21.840 --> 35:25.840]  Was a hearing imminent?
[35:25.840 --> 35:28.840]  No
[35:28.840 --> 35:31.840]  Okay, let me back up
[35:31.840 --> 35:35.840]  Is there not a certified copy of the court record?
[35:35.840 --> 35:37.840]  Incomplete, yes
[35:37.840 --> 35:38.840]  Wait, wait, wait, no, no, no
[35:38.840 --> 35:43.840]  You got a certified, did you request everything that's in the court record?
[35:43.840 --> 35:44.840]  Yes
[35:44.840 --> 35:48.840]  Did they certify that they gave you everything that was in the court record?
[35:48.840 --> 35:49.840]  Yes
[35:49.840 --> 35:53.840]  There's nothing else in the court record as a matter of law
[35:53.840 --> 35:58.840]  If you go back to court and anything else is in the court record
[35:58.840 --> 36:06.840]  There's a date on it prior to the date of your certified copies
[36:06.840 --> 36:11.840]  Then whoever claims that particular document
[36:11.840 --> 36:16.840]  You need to file tampering with the government document against them
[36:16.840 --> 36:21.840]  Because you can establish that on this date at this time
[36:21.840 --> 36:24.840]  That document was not filed with the court
[36:24.840 --> 36:29.840]  You have a certified copy of everything that had been filed
[36:29.840 --> 36:34.840]  Right, but the problem is that it takes motion that aren't in there
[36:34.840 --> 36:36.840]  Who knows what else
[36:36.840 --> 36:43.840]  Now that's, you have to have a tampering with the government document statute somewhere
[36:43.840 --> 36:49.840]  Okay, and it's written that he recorded some things
[36:49.840 --> 36:53.840]  Well, we can't show this because it's classified
[36:53.840 --> 36:56.840]  I'm losing you again, Rick
[36:56.840 --> 36:57.840]  Okay
[36:57.840 --> 37:00.840]  Go up on the roof and climb up the flagpole
[37:00.840 --> 37:03.840]  We did that, we went all the way to the top
[37:03.840 --> 37:09.840]  And the first, the only recording we have right now is one of the court clerks saying
[37:09.840 --> 37:13.840]  We can't show this to you, it's classified or something to that effect
[37:13.840 --> 37:19.840]  And he said, well, isn't it, how is it going to be private or classified in a public folder?
[37:19.840 --> 37:23.840]  And they said, well, you need to see the DA for that
[37:23.840 --> 37:25.840]  And he said, well, wait a minute, you know
[37:25.840 --> 37:28.840]  And so now we went to the DA and they had switched
[37:28.840 --> 37:34.840]  We're already going through the third DA because this main DA is, I'm assuming
[37:34.840 --> 37:38.840]  And it looks like, because he's always there, is switching DAs around
[37:38.840 --> 37:40.840]  And, you know, he's looking at the cases
[37:40.840 --> 37:44.840]  But the funny part is that every time we go back, they're basically stalling saying
[37:44.840 --> 37:46.840]  Oh, well, I have no idea, I just got this case
[37:46.840 --> 37:49.840]  It's already the third DA we went through
[37:49.840 --> 37:54.840]  Then just file criminal complaints against the clerk, that should get their attention
[37:54.840 --> 37:56.840]  Okay, so I'm going to get up with you
[37:56.840 --> 38:04.840]  Yeah, you have documents that were filed with the clerk, were file stamped with the clerk
[38:04.840 --> 38:08.840]  But the clerk doesn't have them in the court file
[38:08.840 --> 38:09.840]  Yes
[38:09.840 --> 38:12.840]  It is the clerk's duty to ensure the record
[38:12.840 --> 38:18.840]  That's her only job, her primary job is to protect the record
[38:18.840 --> 38:20.840]  And that's why you file it with the clerk
[38:20.840 --> 38:23.840]  So it's in the protection of the clerk of the court
[38:23.840 --> 38:27.840]  And if she failed to protect it, then she failed to perform her duty
[38:27.840 --> 38:32.840]  Look under mouthfeasance in office or misfeasance in office
[38:32.840 --> 38:35.840]  Or official misconduct or tampering with a government document
[38:35.840 --> 38:38.840]  One of those you'll get a hit on
[38:38.840 --> 38:40.840]  And charge her with it
[38:40.840 --> 38:49.840]  And you might even file a counter suit in the case against the clerk
[38:49.840 --> 38:53.840]  That'll get their attention
[38:53.840 --> 38:56.840]  Make you real well known too
[38:56.840 --> 38:59.840]  I think Rick is already
[38:59.840 --> 39:05.840]  Yeah, and you know, one thing that is kind of weird is that
[39:05.840 --> 39:11.840]  When we went up the ladder, the county clerk even told them
[39:11.840 --> 39:12.840]  Well, that's just how we do it
[39:12.840 --> 39:15.840]  And he said, well, by what authority, what code, what law?
[39:15.840 --> 39:21.840]  He said, you need to get an attorney because he can help you out with that
[39:21.840 --> 39:23.840]  So we said, okay, so now my question is
[39:23.840 --> 39:26.840]  Do we file against every court clerk that we went to?
[39:26.840 --> 39:29.840]  No, whoever the
[39:29.840 --> 39:32.840]  If this is municipal, the clerk may not be elected
[39:32.840 --> 39:34.840]  Whoever the head clerk is
[39:34.840 --> 39:36.840]  Everybody else is an assistant clerk
[39:36.840 --> 39:38.840]  You want the head
[39:38.840 --> 39:40.840]  Respondent superior
[39:40.840 --> 39:42.840]  Everybody else is working for this clerk
[39:42.840 --> 39:44.840]  This clerk works for you
[39:44.840 --> 39:48.840]  So you go to the head of the agency always
[39:48.840 --> 39:49.840]  Okay, thank you
[39:49.840 --> 39:50.840]  Yeah, just fine
[39:50.840 --> 39:52.840]  Now you said this is municipal, Rick?
[39:52.840 --> 39:54.840]  Superior
[39:54.840 --> 39:55.840]  Okay, yeah
[39:55.840 --> 39:58.840]  Then they'll all be in the county courthouse area for that
[39:58.840 --> 40:00.840]  So whoever the head clerk is is correct
[40:00.840 --> 40:01.840]  Municipal is usually separate
[40:01.840 --> 40:05.840]  Has a separate set of clerks than the county will
[40:05.840 --> 40:11.840]  Yeah, I think Rick has a lot of experience with those
[40:11.840 --> 40:15.840]  He calls us in regular about his last arrest
[40:15.840 --> 40:21.840]  He's the one that got arrested for being a peeping tom
[40:21.840 --> 40:26.840]  He's standing in front of a police officer with a video camera in his hand
[40:26.840 --> 40:29.840]  And what did the officer charge you with, Rick?
[40:29.840 --> 40:31.840]  Well, I wasn't part of the recording
[40:31.840 --> 40:33.840]  I was with the audio recorder
[40:33.840 --> 40:35.840]  I mean, holding it up, not hiding it
[40:35.840 --> 40:38.840]  Well, they charged me with eavesdropping
[40:38.840 --> 40:41.840]  And it was in a public place
[40:41.840 --> 40:44.840]  But somehow they managed to drop that one
[40:44.840 --> 40:49.840]  Yeah, and that audio is on YouTube as well
[40:49.840 --> 40:50.840]  Okay
[40:50.840 --> 40:52.840]  We went after them, right?
[40:52.840 --> 40:57.840]  Oh yeah, Rick is really coming right along
[40:57.840 --> 40:58.840]  Yeah
[40:58.840 --> 40:59.840]  Okay, thanks Rick
[40:59.840 --> 41:04.840]  We're going to go now to Kathy in Texas
[41:04.840 --> 41:05.840]  Kathy, you there?
[41:05.840 --> 41:07.840]  Yes, I'm here
[41:07.840 --> 41:12.840]  And I don't have any exciting things, thank goodness
[41:12.840 --> 41:19.840]  But if we could just step back to the text information that you were reading earlier
[41:19.840 --> 41:26.840]  and all the definitions of person and people and corporations and all that that we went through at the seminar
[41:26.840 --> 41:34.840]  I'm trying to get my head around what kind of legal entity is a trust
[41:34.840 --> 41:44.840]  If you have a trust and the trust owns property, would that be considered in these terms a corporate entity that could be sued or could be taxed?
[41:44.840 --> 41:46.840]  That's a private entity
[41:46.840 --> 41:48.840]  Yep, a trust is a private entity
[41:48.840 --> 41:50.840]  It's not a corporate entity
[41:50.840 --> 42:00.840]  Okay, so a trust is private, is that the same like, is that like a legal entity that wouldn't be like a natural person?
[42:00.840 --> 42:04.840]  I mean not by their natural person, I mean a human being?
[42:04.840 --> 42:08.840]  No, it's still a legal entity but it's of a private nature
[42:08.840 --> 42:12.840]  It's not in a commercial capacity like the corporation would be
[42:12.840 --> 42:17.840]  Okay, and it's not really considered non-profit, right?
[42:17.840 --> 42:22.840]  No, it's not a non-profit either, it is simply, it's really nothing more than an account
[42:22.840 --> 42:26.840]  with someone that's in charge of administering the account
[42:26.840 --> 42:32.840]  basically doling out the money or keeping the money in check or managing it however you want to put it
[42:32.840 --> 42:34.840]  That's really what a trust is to a degree
[42:34.840 --> 42:42.840]  There's more sophisticated things involved in it but that's an oversimplified definition of how it works
[42:42.840 --> 42:52.840]  A trust has the same rights as a citizen, it's on the private side, trusts are created under authority of constitution
[42:52.840 --> 43:02.840]  Until the trust comes out of the private and engages in commerce, it's as private as an individual
[43:02.840 --> 43:06.840]  Okay, so the administrator of that trust would be private as well
[43:06.840 --> 43:07.840]  Yes
[43:07.840 --> 43:14.840]  So wouldn't it be included in those, you know, the part of a corporation entity?
[43:14.840 --> 43:15.840]  No
[43:15.840 --> 43:20.840]  Okay, well that helps, I think we should all go after the tax thing
[43:20.840 --> 43:29.840]  and I have argued vehemently for many, many years about mainly the school taxes
[43:29.840 --> 43:36.840]  I've paid school taxes for no children and the teachers pay school tax for their own pay
[43:36.840 --> 43:39.840]  so I find problems with all of that system
[43:39.840 --> 43:40.840]  Yeah
[43:40.840 --> 43:43.840]  Okay, we're about to go to break
[43:43.840 --> 43:45.840]  Are you done, Kathy? Do you have anything?
[43:45.840 --> 43:50.840]  I'm done, just wanted to get some more thoughts about who a person is
[43:50.840 --> 43:56.840]  All righty, we're going, we're braying to go to finish, Eddie
[43:56.840 --> 43:57.840]  You're going to break
[43:57.840 --> 43:58.840]  Yeah, you're right back, Mark
[43:58.840 --> 43:59.840]  Bye
[43:59.840 --> 44:08.840]  Yes, the light is shining more and more under the perfect day and a new world is coming soon
[44:08.840 --> 44:13.840]  Please come check out the personal peace, liberty and justice seminar
[44:13.840 --> 44:19.840]  beginning this Saturday from 3 to 4 o'clock at Brave New Books, 1904 Guadalupe in Austin, Texas
[44:19.840 --> 44:20.840]  across from UT
[44:20.840 --> 44:25.840]  Find out what's personally in store straight from the bravest books of all time
[44:25.840 --> 44:28.840]  This could be the most important meeting you'll ever attend
[44:28.840 --> 44:30.840]  The truth shall make us free
[44:30.840 --> 44:35.840]  There's no registration and like all the best things in life, yes, it's absolutely free
[44:35.840 --> 44:42.840]  Personal peace, liberty and justice, hope for a new world this Saturday, October 31st, 3 p.m.
[44:42.840 --> 44:45.840]  Brave New Books, I dare you
[44:45.840 --> 44:58.840]  Hope to see you there
[45:15.840 --> 45:35.840]  Okay, Randy Kelton, Eddie Craig, we're back
[45:35.840 --> 45:41.840]  We're going to go to Barry in Austin
[45:41.840 --> 45:43.840]  Barry, you there?
[45:43.840 --> 45:46.840]  Hey, what's on your mind tonight?
[45:46.840 --> 45:51.840]  Just like your last lady, she's mentioned property tax and school tax
[45:51.840 --> 45:57.840]  If you went to the county clerk and asked her to say her authority, what do you think she'd show you?
[45:57.840 --> 46:02.840]  Her nameplate, that's about all she can
[46:02.840 --> 46:06.840]  Yeah, because there's no law that says you've got to do it that I know of
[46:06.840 --> 46:11.840]  Well, she's a county clerk, she has to have an oath of office
[46:11.840 --> 46:16.840]  An oath of bribery statement
[46:16.840 --> 46:20.840]  Well, the county clerk is actually not the one that's doing the assessing
[46:20.840 --> 46:25.840]  There is an assessor-collector person that is employed for that purpose
[46:25.840 --> 46:32.840]  The problem is, like most of the other employees of the county and the state, they can't read
[46:32.840 --> 46:34.840]  That's the biggest problem
[46:34.840 --> 46:39.840]  They see something, they assume they know what it means, and then we're all up a creek without a paddle
[46:39.840 --> 46:42.840]  Trying to convince them that they don't understand what they're reading
[46:42.840 --> 46:46.840]  They think they're smarter than we are because they work for government
[46:46.840 --> 46:52.840]  Which in fact to me actually starts draining IQ points the minute you accept a position
[46:52.840 --> 46:54.840]  But that's beside the point
[46:54.840 --> 47:02.840]  But the only thing I've ever heard is that when you sign your voter registration, there's a clause in that thing
[47:02.840 --> 47:09.840]  It says you abide by all rules, regulations, everything pertaining to the city
[47:09.840 --> 47:19.840]  Well, what in fact allows them to put you on the tax roll is the fact that you have a deed registered with the tax office
[47:19.840 --> 47:21.840]  The deed is a severe problem
[47:21.840 --> 47:25.840]  If you don't believe that, look up the definition of deed
[47:25.840 --> 47:32.840]  A deed will tell you right quick that it ain't something you want to have
[47:32.840 --> 47:35.840]  It means you've borrowed money out of it for one thing, I guess
[47:35.840 --> 47:37.840]  Well, that's one
[47:37.840 --> 47:40.840]  It's kind of like the certificate of title to your automobile
[47:40.840 --> 47:47.840]  It shows that you have a lawful exercise of authority and apparent ownership of the property
[47:47.840 --> 47:52.840]  But you don't really have control over it or you don't really own it
[47:52.840 --> 47:58.840]  So that's the problem and it's being held in trust by someone
[47:58.840 --> 48:00.840]  Guess who that would happen to be?
[48:00.840 --> 48:02.840]  The state of Texas here
[48:02.840 --> 48:07.840]  It would be whoever possesses that tax deed which you got filed with the county
[48:07.840 --> 48:14.840]  Just like your MSO or your MCO for your automobile, states got it in their hands, they think they own it
[48:14.840 --> 48:18.840]  They can do what they want to do with it as long as they own it, right?
[48:18.840 --> 48:22.840]  Okay, well how do you not pay your property tax?
[48:22.840 --> 48:25.840]  Because I know we don't own it, own it, period
[48:25.840 --> 48:30.840]  Well, that's what Randy and I started with that with this evening
[48:30.840 --> 48:36.840]  We want to get as many people as possible out there looking at the areas where we gave you the information to start with
[48:36.840 --> 48:40.840]  We're looking into the case law on it, which of course there doesn't appear to be any
[48:40.840 --> 48:45.840]  So that means we're going to have to either look directly in a court's archives to find the case law
[48:45.840 --> 48:49.840]  Which by the way, we're not going to be able to reference it in a case if we decide to sue
[48:49.840 --> 48:55.840]  But it will give us the proper information to know the grounds on which it was argued that the other people won on
[48:55.840 --> 49:00.840]  Which means we can pretty much make their life a living H-E-L-L and all that good stuff
[49:00.840 --> 49:03.840]  Well that's good, we need to give them a little laugh
[49:03.840 --> 49:10.840]  Yes, and if the tax assessor collector person intends to be totally insistent that you owe these taxes
[49:10.840 --> 49:15.840]  And they're going to file a malicious suit to prosecute you to steal your property and steal your money
[49:15.840 --> 49:23.840]  Well guess what? That automatically places you in a position of standing to come right back at them for everything they're doing
[49:23.840 --> 49:29.840]  Because they're acting outside the scope of their authority and applying a law to you that doesn't apply to you
[49:29.840 --> 49:30.840]  That's right
[49:30.840 --> 49:33.840]  And that's the same way we're attacking the traffic situation
[49:33.840 --> 49:40.840]  They're misrepresenting what the law means and the whom it applies for nothing more than revenue generation that they're not entitled to to begin with
[49:40.840 --> 49:45.840]  Right, okay, see I don't like courts, I don't want to go to court, you know
[49:45.840 --> 49:48.840]  You do if you're the one pushing all the buttons
[49:48.840 --> 49:54.840]  Well, I can't push buttons too good because I don't know any of the legal stuff
[49:54.840 --> 50:00.840]  But I just know that they don't have any authority, you know, but I ain't going to want to work in court
[50:00.840 --> 50:08.840]  So I'd like to go there and, you know, they make up the rules as they go, so it's kind of hard to beat them anyway
[50:08.840 --> 50:17.840]  Well, let's hope Ms. Medina, the gubernatorial candidate, knows more than she's letting on about how property taxes actually work
[50:17.840 --> 50:24.840]  And that she's got it in her mind how to get this rearranged to a way where she can actually jump up and say, wait a minute
[50:24.840 --> 50:32.840]  We can't take any more taxes from the people because, and she'll actually get what she's advertising for all of us
[50:32.840 --> 50:39.840]  But in case that doesn't work, please everybody out there, start looking into this, see what your own research can turn up
[50:39.840 --> 50:49.840]  Share it with us and we will make sure that we consolidate it, compile it, review it, and do everything we can to substantiate a way to get back at these folks
[50:49.840 --> 50:52.840]  And get them off of our collective backs
[50:52.840 --> 50:59.840]  Right, well, she's got my vote as of right now anyway, you know, see what happens between now and then
[50:59.840 --> 51:04.840]  Oh, and another guy called in and bought his credit card
[51:04.840 --> 51:11.840]  Well, they don't loan you any money on that credit card and like they don't own a mortgage or auto loan or anything else
[51:11.840 --> 51:19.840]  Well, that's true, but if you look, it doesn't actually say that they're giving you money, they're extending you credit
[51:19.840 --> 51:23.840]  Which has the appearance of money, but it's not really money
[51:23.840 --> 51:30.840]  No, it's not money at all, but you know, it works, so it's okay, but it's not going to work much longer
[51:30.840 --> 51:40.840]  Right, that's an issue that people have been raising that issue and people in legal reform are saying, oh, that's not really money
[51:40.840 --> 51:46.840]  And for me, that's a problem because it gets people in trouble when they listen to that stuff
[51:46.840 --> 51:50.840]  We're not dealing in money, we're dealing in consideration
[51:50.840 --> 51:54.840]  These are contracts and contracts deal in consideration
[51:54.840 --> 52:02.840]  Whatever the form of consideration that is accepted between the parties is sufficient
[52:02.840 --> 52:06.840]  If you call it money, if you call it rocks, if you call it airballs
[52:06.840 --> 52:16.840]  Whatever the two individuals entering into a contract track agree to, if something of value changes hands
[52:16.840 --> 52:20.840]  Then there is a contract and there are obligations
[52:20.840 --> 52:28.840]  And just by saying because it's not really money, the way we think of money doesn't make the contract go away
[52:28.840 --> 52:34.840]  And giving people that impression is going to get them in trouble
[52:34.840 --> 52:39.840]  Well, yeah, but a contract is more than void if everything isn't on the table
[52:39.840 --> 52:42.840]  Exactly, and that's precisely the thing
[52:42.840 --> 52:48.840]  Let's not go after BS that won't make any difference even if we prove our point
[52:48.840 --> 52:51.840]  Let's focus on what really matters
[52:51.840 --> 52:57.840]  Did he fib to us? If he fibbed to us on the contract, now that's something you can adjudicate
[52:57.840 --> 53:03.840]  Right, and every one of them has got to be a liar, they're telling you, you owe them money
[53:03.840 --> 53:10.840]  No, you can't, no they're not, they're saying you owe them consideration
[53:10.840 --> 53:20.840]  That they lent credit to you and you owe them that credit back by saying, you're the one that called it money
[53:20.840 --> 53:31.840]  And just because you call it money and then say well it's not money, that doesn't remove your responsibility in the contract
[53:31.840 --> 53:37.840]  There are, we can adjudicate that until the callous come home and the courts will just store it out and ignore it
[53:37.840 --> 53:39.840]  Because it carries no legal weight
[53:39.840 --> 53:48.840]  We need to focus on those things that really do and all these credit cards are unconscionable
[53:48.840 --> 53:53.840]  There are other ways we can go after them that have legal grounding
[53:53.840 --> 54:00.840]  Rather than ways that sound good but have no legal purchase
[54:00.840 --> 54:05.840]  The fact that it's a unilateral contract, you're the only one that signs it
[54:05.840 --> 54:12.840]  But they can do anything they want to, they can change anything they want to with or without notice
[54:12.840 --> 54:16.840]  That's an unconscionable contract that makes it not a contract
[54:16.840 --> 54:22.840]  So there are viable ways to go about it and fight these guys
[54:22.840 --> 54:27.840]  And especially with credit cards, the first thing you do is, who are you?
[54:27.840 --> 54:30.840]  Show me that you have agency to collect for these
[54:30.840 --> 54:39.840]  Because of the way that the credit card companies have put these debts out
[54:39.840 --> 54:46.840]  And allowed any attorney who wants to to pick them up, well the attorney winds up without agency
[54:46.840 --> 54:54.840]  And we need to focus on those things like that that actually have foundation in law and then we'll get some purchase in the courts
[54:54.840 --> 55:08.840]  And the recent one that we did, the person who claimed to have agency did not provide enough documentation to prove that he had agency
[55:08.840 --> 55:14.840]  Because he claimed he was the debtor
[55:14.840 --> 55:22.840]  And that debt was created with Sears but he's the one that owned the debt
[55:22.840 --> 55:26.840]  Well he didn't produce anything to show that he owned the debt, just claimed he did
[55:26.840 --> 55:31.840]  Well he's got to go into it because Sears ain't going to give no contract that he bought the debt from them
[55:31.840 --> 55:35.840]  Exactly, so we knew that was hogwash
[55:35.840 --> 55:39.840]  But a lot of this is fluff and bluster, they just get away with it
[55:39.840 --> 55:45.840]  And generally when you bring this to the attention of the court, the court's just going to blow it off
[55:45.840 --> 55:51.840]  Well, we brought this to the attention of the court in a way that he's not going to blow it off
[55:51.840 --> 55:53.840]  Who sued the judge
[55:53.840 --> 55:59.840]  No subject matter jurisdiction, no immunity
[55:59.840 --> 56:06.840]  So he won't blow this one off, this one's going to get his attention, we get more people start doing that
[56:06.840 --> 56:09.840]  And I don't have anything against judges
[56:09.840 --> 56:15.840]  But I do believe that when the government fears the people, there is liberty
[56:15.840 --> 56:22.840]  So let's put a little fear in them and get their attention and remind them who we are
[56:22.840 --> 56:26.840]  And the civil suit against them is a good way to do it
[56:26.840 --> 56:28.840]  You get them, thank you very much
[56:28.840 --> 56:33.840]  You are welcome, our call boards are filling up
[56:33.840 --> 56:38.840]  Okay, we're going to go to Barry from Austin
[56:38.840 --> 56:42.840]  Barry, you there?
[56:42.840 --> 56:46.840]  Oh my, let's see
[56:46.840 --> 56:49.840]  Steve, let's go back to Barry
[56:49.840 --> 56:53.840]  Barry, you there?
[56:53.840 --> 56:56.840]  I think I must have put him to sleep
[56:56.840 --> 56:59.840]  I have that effect on a lot of people
[56:59.840 --> 57:03.840]  Either that or he might have dropped his connection and it doesn't show on the board
[57:03.840 --> 57:07.840]  Barry, if you're out there, yeah, he just dropped off
[57:07.840 --> 57:10.840]  So if you'll call back, we'll pick you up right after this caller
[57:10.840 --> 57:14.840]  Okay, we're going to Steve from California
[57:14.840 --> 57:16.840]  Steve, you there?
[57:16.840 --> 57:18.840]  Eddie, Randy, how are you guys doing?
[57:18.840 --> 57:20.840]  All right, how are you?
[57:20.840 --> 57:21.840]  Oh, pretty good
[57:21.840 --> 57:24.840]  Randy knows I've been listening to the show for years
[57:24.840 --> 57:27.840]  And I just wanted to share a little something
[57:27.840 --> 57:30.840]  I had a little small victory the other day
[57:30.840 --> 57:33.840]  I was standing in my driveway doing some work
[57:33.840 --> 57:36.840]  And here comes this gal with a badge walking up
[57:36.840 --> 57:41.840]  And hangs a notice on my door, informs me that my pet licenses were expired
[57:41.840 --> 57:46.840]  And then I put money in the envelope and paid for my dog licenses
[57:46.840 --> 57:50.840]  Well, I told her I'd have to get into my records and check out
[57:50.840 --> 57:52.840]  And see where we stood on that
[57:52.840 --> 57:56.840]  And she said she'd be back the next day while I was ready for her
[57:56.840 --> 58:02.840]  When she'd come back the next day, my license were current
[58:02.840 --> 58:04.840]  Go ahead, you've got one minute
[58:04.840 --> 58:06.840]  My licenses were current
[58:06.840 --> 58:10.840]  But anyway, she came back
[58:10.840 --> 58:13.840]  I had the licenses, I had my tape recorder
[58:13.840 --> 58:16.840]  I had my puppet servant questionnaire
[58:16.840 --> 58:19.840]  This woman ran down the driveway fast and she could get away
[58:19.840 --> 58:22.840]  With her puppet servant questionnaire
[58:22.840 --> 58:24.840]  Wonderful
[58:24.840 --> 58:26.840]  Okay, we're about to go to break
[58:26.840 --> 58:28.840]  You want to hang on to the other side, Steve?
[58:28.840 --> 58:29.840]  Do you have more for us?
[58:29.840 --> 58:30.840]  Yeah, just a little bit more
[58:30.840 --> 58:31.840]  Okay, good
[58:31.840 --> 58:32.840]  Hang on to the other side
[58:32.840 --> 58:34.840]  We're about to go to break
[58:34.840 --> 58:37.840]  Randy Kelton, David Craig, Rule of Law Radio
[58:37.840 --> 58:39.840]  Debra has the night off
[58:39.840 --> 58:44.840]  When we get done here at midnight, we're going to go watch her spin fire
[58:44.840 --> 58:46.840]  Okay, we'll be right back
[58:46.840 --> 58:48.840]  Hang on, folks
[58:48.840 --> 59:03.840]  Music
[59:03.840 --> 59:05.840]  Boy, that dinner sure was swell, wasn't it, darling?
[59:05.840 --> 59:06.840]  Yeah, it was pretty good
[59:06.840 --> 59:07.840]  You know, I love...
[59:07.840 --> 59:10.840]  Oh, great, it's the police
[59:10.840 --> 59:11.840]  Just calm down, honey
[59:11.840 --> 59:13.840]  Just do what they say
[59:13.840 --> 59:20.840]  It's I, Art of Vader, I want to drink your rice
[59:20.840 --> 59:21.840]  Vampire cops got you down?
[59:21.840 --> 59:25.840]  Then join Texans for Accountable Government on Halloween at 8 p.m.
[59:25.840 --> 59:27.840]  At the corner of South First and Barton Springs Road
[59:27.840 --> 59:32.840]  As we hold a press conference and we protest non-consensual blood withdrawals
[59:32.840 --> 59:35.840]  Later that night at 10 p.m. we'll be partying at Elysium
[59:35.840 --> 59:37.840]  Located at 705 Red River Street
[59:37.840 --> 59:40.840]  Tell the bouncer you're with Texans for Accountable Government
[59:40.840 --> 59:44.840]  And the $5 cover charge will go to Support Square Patrol
[59:44.840 --> 59:46.840]  A local nonprofit which offers sober rides home
[59:46.840 --> 59:51.840]  Again, join us at 8 p.m. on the corner of South First and Barton Springs
[59:51.840 --> 59:54.840]  Go to tagtexas.org for more info
[59:54.840 --> 59:59.840]  And remember, Austin, don't drink and drive
[59:59.840 --> 01:00:04.840]  This news brief brought to you by the International News Network
[01:00:04.840 --> 01:00:11.840]  The Taliban and Al Qaeda both say they did not explode the bombs that caused 111 deaths
[01:00:11.840 --> 01:00:13.840]  In Peshawar, Pakistan Wednesday
[01:00:13.840 --> 01:00:19.840]  The Pakistani paper The News quoted an Al Qaeda source as saying the group was not involved
[01:00:19.840 --> 01:00:24.840]  In killing innocent women and children but on elements who want to defame Jihad
[01:00:24.840 --> 01:00:32.840]  Iran told the UN nuclear watchdog Thursday it would not accept a plan its negotiators agreed to last week
[01:00:32.840 --> 01:00:35.840]  To send its stockpile of uranium out of the country
[01:00:35.840 --> 01:00:43.840]  Iran's rejection could unwind Barack Obama's effort to buy time to resolve the nuclear standoff
[01:00:43.840 --> 01:00:49.840]  In Baghdad, 11 army officers and 50 security officials were arrested Thursday
[01:00:49.840 --> 01:00:54.840]  Following last Sunday's suicide bombings that killed 155 people
[01:00:54.840 --> 01:00:58.840]  The massive blasts angered Iraqis who questioned how the suicide bombers
[01:00:58.840 --> 01:01:03.840]  Could have got their explosive-laden vehicles past multiple checkpoints
[01:01:03.840 --> 01:01:10.840]  Federal prosecutors say Stuart Nozet, the US scientist charged with spying for Israel
[01:01:10.840 --> 01:01:13.840]  Asked for $2 million for his secrets
[01:01:13.840 --> 01:01:18.840]  The FBI arrested Nozet earlier in October as he attempted to deliver state secrets
[01:01:18.840 --> 01:01:22.840]  To an undercover agent disguised as an Israeli spy
[01:01:22.840 --> 01:01:24.840]  During his last meeting with the undercover agent
[01:01:24.840 --> 01:01:29.840]  Nozet said he had crossed the Rubicon and wanted $2 million for the secrets
[01:01:29.840 --> 01:01:34.840]  Nozet had held government positions that gave him access to very sensitive information
[01:01:34.840 --> 01:01:40.840]  Nozet had also worked as a consultant for an aerospace company owned by the Israeli government
[01:01:40.840 --> 01:01:44.840]  And was working on a lunar mission run by India's space agency
[01:01:44.840 --> 01:01:50.840]  According to law enforcement officials Nozet told a colleague he would flee to India or Israel
[01:01:50.840 --> 01:01:56.840]  If the US government tried to put him in jail, saying he would share everything he knew with those governments
[01:02:04.840 --> 01:02:09.840]  Lack of adequate health care may have contributed to the deaths of 17,000 children
[01:02:09.840 --> 01:02:14.840]  Over the past two decades, according to a study by Johns Hopkins Children's Center
[01:02:14.840 --> 01:02:21.840]  The research published Friday in the Journal of Public Health was compiled from more than 23 million hospital records
[01:02:21.840 --> 01:02:26.840]  In 37 states between 1988 and 2005
[01:02:26.840 --> 01:02:31.840]  Fizan Abdullah, lead writer of the study, said a seriously ill child without insurance
[01:02:31.840 --> 01:02:36.840]  Was 60% more likely to die than a sick child who had insurance
[01:02:36.840 --> 01:02:40.840]  The report said with some 7 million uninsured children in the US
[01:02:40.840 --> 01:02:43.840]  The problem needed addressing immediately
[01:02:43.840 --> 01:02:47.840]  Peter Pronovost, director of critical care medicine at Johns Hopkins said
[01:02:47.840 --> 01:02:53.840]  In a country as wealthy as ours, the need to provide health care to millions of children who lack it
[01:02:53.840 --> 01:03:14.840]  Is immoral, not an economic imperative
[01:03:23.840 --> 01:03:29.840]  All according to the will of the Almighty
[01:03:29.840 --> 01:03:35.840]  I read his book and it says it cares none for the unsightly
[01:03:35.840 --> 01:03:41.840]  Okay, we're back. Randy Calvin, Kate Craig, Deb Stevens has not off
[01:03:41.840 --> 01:03:46.840]  Okay, we were talking to Steve from California. Steve, you there?
[01:03:46.840 --> 01:03:54.840]  Yes, sir. Sure am. Yeah, I just had a little fun with my dog catcher. I was explaining how that went
[01:03:54.840 --> 01:03:58.840]  The Inland Valley Humane Society out here is a private company
[01:03:58.840 --> 01:04:06.840]  Contracted with several cities in Southern California to enforce the pet laws, the license laws and such
[01:04:06.840 --> 01:04:09.840]  Wait a minute, where are you at?
[01:04:09.840 --> 01:04:11.840]  I'm in Montclair, California
[01:04:11.840 --> 01:04:15.840]  Montclair. That orange, that around LA?
[01:04:15.840 --> 01:04:17.840]  San Bernardino County
[01:04:17.840 --> 01:04:26.840]  Ah, okay, because I was in Orange County working with a client out there
[01:04:26.840 --> 01:04:34.840]  And they had all of the policing services under what they call the Brentwood Agreement
[01:04:34.840 --> 01:04:45.840]  Where the cities actually contracted to the county and hired county sheriff's deputies to act as their local policemen
[01:04:45.840 --> 01:04:52.840]  So this sounds like municipalities are hiring local firms to act as their
[01:04:52.840 --> 01:05:01.840]  This is a private company and they serve as not only LA but Orange and San Bernardino County. They cross county lines
[01:05:01.840 --> 01:05:02.840]  Interesting
[01:05:02.840 --> 01:05:12.840]  I remember you talking about the police can't go into or the sheriff can enforce in municipalities or something like that
[01:05:12.840 --> 01:05:18.840]  Right, the Constitution said that the municipality is a sovereign entity
[01:05:18.840 --> 01:05:27.840]  And while the sheriff can come into the municipality and enforce state law, he cannot enforce county ordinance
[01:05:27.840 --> 01:05:33.840]  Within the municipality and that was a problem I raised
[01:05:33.840 --> 01:05:38.840]  I was actually playing chess with him, I was trying to get him to leave McLean alone
[01:05:38.840 --> 01:05:43.840]  And to do that I raised an issue of the Brentwood Agreement
[01:05:43.840 --> 01:05:49.840]  That the Brentwood Agreement created a necessary constitutional conflict
[01:05:49.840 --> 01:05:59.840]  Because sheriff's deputies who would be authorized and trained in the enforcement of county ordinance
[01:05:59.840 --> 01:06:03.840]  Are then assigned to a municipality
[01:06:03.840 --> 01:06:12.840]  And how are these officers going to separate those ordinances from the state law
[01:06:12.840 --> 01:06:17.840]  County ordinances from state law from city ordinances
[01:06:17.840 --> 01:06:24.840]  It creates a situation certain to violate Constitution
[01:06:24.840 --> 01:06:28.840]  And when I brought that issue to one of the captains down there
[01:06:28.840 --> 01:06:33.840]  All of a sudden he didn't want to be on my show anymore, he didn't want to be my buddy
[01:06:33.840 --> 01:06:36.840]  He wanted me gone
[01:06:36.840 --> 01:06:42.840]  Well this is a private company, private company, humane society running around with badges
[01:06:42.840 --> 01:06:47.840]  Now I requested that this woman fill out the public serving questionnaires required by law
[01:06:47.840 --> 01:06:51.840]  And she refused it, she didn't have to, she left my premises
[01:06:51.840 --> 01:06:56.840]  I called her boss and I said why didn't your employee want to talk to me
[01:06:56.840 --> 01:06:58.840]  I was having a nice conversation with her
[01:06:58.840 --> 01:07:04.840]  And I asked if they were a private company or if they were a government agency and they said they were a private company
[01:07:04.840 --> 01:07:08.840]  Well then wouldn't that be impersonating a public official
[01:07:08.840 --> 01:07:21.840]  It sounds that way unless the municipality has somehow officially empowered these employees
[01:07:21.840 --> 01:07:23.840]  I don't know how they would do that
[01:07:23.840 --> 01:07:27.840]  I asked if their employees took an oath of office and they said no
[01:07:27.840 --> 01:07:32.840]  So therefore they wouldn't be capable constitutionally to enforce law would they
[01:07:32.840 --> 01:07:36.840]  I wouldn't think so, are they certified police officers
[01:07:36.840 --> 01:07:37.840]  No
[01:07:37.840 --> 01:07:44.840]  Are they, most are not employed by the county and under oath
[01:07:44.840 --> 01:07:49.840]  Unless there's some provision in California for that sort of thing
[01:07:49.840 --> 01:07:52.840]  Well anyway she didn't want to fill out the public serving questionnaire
[01:07:52.840 --> 01:07:55.840]  I proved that my licenses were valid, my dogs were current
[01:07:55.840 --> 01:08:01.840]  It was just fun and I wouldn't have known to do any of that if I hadn't listened to you guys the last couple years
[01:08:01.840 --> 01:08:07.840]  That's the best part about it is once you kind of get the upper hand it is fun
[01:08:07.840 --> 01:08:13.840]  I had the guts to stand up to her and say look you got to do this and she didn't want to be a part of it
[01:08:13.840 --> 01:08:15.840]  Wonderful
[01:08:15.840 --> 01:08:19.840]  Anyway good job guys, I'll let some other callers get on
[01:08:19.840 --> 01:08:22.840]  Alright, thank you for calling
[01:08:22.840 --> 01:08:25.840]  Impersonating a public official
[01:08:25.840 --> 01:08:27.840]  Go get them
[01:08:27.840 --> 01:08:31.840]  Now we're going to go to T for Minnesota
[01:08:31.840 --> 01:08:33.840]  T are you there
[01:08:33.840 --> 01:08:35.840]  Yes I am, can you hear me
[01:08:35.840 --> 01:08:42.840]  Yes I can, I'm having a little problem today, my tang is getting tangled
[01:08:42.840 --> 01:08:45.840]  Well, doesn't bother me
[01:08:45.840 --> 01:08:53.840]  Say I want to just say something and it might seem frivolous or like a minutia
[01:08:53.840 --> 01:09:08.840]  But when we refer to a tax or a license as how can I get out of paying my whatever tax or what do I do about my license
[01:09:08.840 --> 01:09:16.840]  Now I'm guilty of this as well but I do make an effort to try to avoid using those kinds of statements of ownership
[01:09:16.840 --> 01:09:26.840]  And acquiescence and acknowledgement in favor of something more like the tax or the license
[01:09:26.840 --> 01:09:36.840]  Something to distance myself a little bit and I think it goes pretty deep into what's ingrained in your psyche
[01:09:36.840 --> 01:09:39.840]  And that's why we tend to say
[01:09:39.840 --> 01:09:42.840]  I agree and that's perceptive
[01:09:42.840 --> 01:09:50.840]  But one thing we have to be most careful of are the words that come out of our mouths
[01:09:50.840 --> 01:09:54.840]  The words that come out of my mouth I presume to be true
[01:09:54.840 --> 01:10:00.840]  The problem with those words is they go out my mouth and come in my ears
[01:10:00.840 --> 01:10:02.840]  In other people's ears
[01:10:02.840 --> 01:10:08.840]  Well, it's a way of programming yourself so you have to be careful
[01:10:08.840 --> 01:10:15.840]  One of the things that I'm most careful of is what I let in my mind
[01:10:15.840 --> 01:10:18.840]  You have to be careful what you let in there
[01:10:18.840 --> 01:10:28.840]  And one of the ways of exercising caution is pay close attention to the terms that you use
[01:10:28.840 --> 01:10:31.840]  Words are very powerful
[01:10:31.840 --> 01:10:40.840]  And if you use like my and stuff then you're sending a subliminal or even an overt message to the jury or the officer or whoever it may be
[01:10:40.840 --> 01:10:50.840]  That's basically about to pass judgment of some type on you
[01:10:50.840 --> 01:11:02.840]  Precisely, this is one of my more interesting studies is general semantics and the use of language
[01:11:02.840 --> 01:11:08.840]  It helps me on the show but I also study hypnosis and psychology
[01:11:08.840 --> 01:11:13.840]  My primary study in psychology is not abnormal which most people like to study
[01:11:13.840 --> 01:11:16.840]  I like to study normal psychology
[01:11:16.840 --> 01:11:21.840]  How do normal ordinary human beings function?
[01:11:21.840 --> 01:11:27.840]  We function on two levels, one of them is directly conscious and one of them is not
[01:11:27.840 --> 01:11:31.840]  It's not subconscious, we're just not paying attention to it
[01:11:31.840 --> 01:11:39.840]  And that one hears everything that other people say and it hears everything we say so we have to be careful
[01:11:39.840 --> 01:11:47.840]  Sometimes I might want to do a show on that particular issue but not tonight, do you have anything else for us T?
[01:11:47.840 --> 01:11:54.840]  Yeah actually I do, S604 which is the sister bill to HR 1207 which is the fed audit bill
[01:11:54.840 --> 01:11:56.840]  They're both the fed audit bills
[01:11:56.840 --> 01:12:02.840]  Now HR 1207 we have passed the two thirds threshold which I believe is 290
[01:12:02.840 --> 01:12:12.840]  And we have 307 or more co-sponsors at this point on HR 1207 which is if you're going to contact representatives in your state
[01:12:12.840 --> 01:12:19.840]  As to what you want them to do with this bill, it's going to be a lot more work to contact the house side
[01:12:19.840 --> 01:12:23.840]  Just because there's so many more of them and there's only two senators in every state
[01:12:23.840 --> 01:12:29.840]  And so that really just makes it so easy for each and every one of us to pick up the phone
[01:12:29.840 --> 01:12:37.840]  Check the list of your senators and if your senator is not supporting the bill which majority are not at this point
[01:12:37.840 --> 01:12:44.840]  There's only still I think a stagnant 30 co-sponsors for this bill in the Senate
[01:12:44.840 --> 01:12:56.840]  It's just so easy to call the mere two senators in your state and put their phone answer on the spot about it
[01:12:56.840 --> 01:12:57.840]  True
[01:12:57.840 --> 01:12:59.840]  That's a very good idea
[01:12:59.840 --> 01:13:01.840]  It's only two
[01:13:01.840 --> 01:13:08.840]  Yeah and when a citizen calls into them it is very powerful
[01:13:08.840 --> 01:13:11.840]  It has a great effect
[01:13:11.840 --> 01:13:19.840]  Actually talking to the aides is probably more influential than talking to the elected official himself
[01:13:19.840 --> 01:13:26.840]  Because generally elected officials are very good at shucking and jiving and dancing and weaving
[01:13:26.840 --> 01:13:34.840]  But if you can get the ear of an aide, the aide tends to have the ear of the official
[01:13:34.840 --> 01:13:47.840]  And if you can present an issue to the aide that shows political promise or political danger
[01:13:47.840 --> 01:13:55.840]  You can very likely get more influence over the official than you could if you talk to him yourself
[01:13:55.840 --> 01:13:57.840]  So by all means, call in
[01:13:57.840 --> 01:13:59.840]  And besides it's great fun
[01:13:59.840 --> 01:14:05.840]  Especially when you call an elected official and you get one of their aides, you can really make them squirm
[01:14:05.840 --> 01:14:10.840]  Another thing is you might already have one co-sponsor in your state
[01:14:10.840 --> 01:14:13.840]  That means you only have to call one senator's office
[01:14:13.840 --> 01:14:15.840]  That's nothing
[01:14:15.840 --> 01:14:20.840]  You can call their state office and their D.C. office until you get a hold of somebody
[01:14:20.840 --> 01:14:25.840]  Here's another thing, you might want to record your phone calls with these people
[01:14:25.840 --> 01:14:31.840]  So that if they misstep or misrepresent, such as when I called another state
[01:14:31.840 --> 01:14:35.840]  And I guess I misrepresented myself as being from that state
[01:14:35.840 --> 01:14:37.840]  It didn't cause me a problem, it seemed like a non-issue
[01:14:37.840 --> 01:14:44.840]  But what I was able to get that phone answer to do was lose their temper
[01:14:44.840 --> 01:14:53.840]  And they said angrily, it's a partisan bill, quite frankly, and I don't think so
[01:14:53.840 --> 01:14:58.840]  How is transparency in our money supply a partisan issue?
[01:14:58.840 --> 01:15:07.840]  And if I had been recording that, I could really make that representative, the senator, look like a real fool
[01:15:07.840 --> 01:15:09.840]  Put it on YouTube
[01:15:09.840 --> 01:15:11.840]  Yeah, and I didn't do that, and that's my fault
[01:15:11.840 --> 01:15:15.840]  But I will be doing that, and I want to point out to people that there's indicators
[01:15:15.840 --> 01:15:19.840]  When you're on speakerphone to facilitate recording the call
[01:15:19.840 --> 01:15:22.840]  You know, the person on the other end might be able to tell that you're on speakerphone
[01:15:22.840 --> 01:15:27.840]  Now, if you don't have means to do anything other than speakerphone, you know, then it's fine
[01:15:27.840 --> 01:15:37.840]  But I want to say I got this little earbud that basically has two microphones or one microphone
[01:15:37.840 --> 01:15:41.840]  And it goes in my ear and out the other side
[01:15:41.840 --> 01:15:48.840]  Anyway, it's made by Olympus, and it cost me like $12 or something off Amazon
[01:15:48.840 --> 01:15:50.840]  Wait a minute, wait a minute
[01:15:50.840 --> 01:15:54.840]  Did you really say that it goes in your ear and out the other side?
[01:15:54.840 --> 01:16:04.840]  No, no, it basically has two orifices, one which points in my ear and the other which points out of my ear
[01:16:04.840 --> 01:16:09.840]  So that it actually picks up what is coming
[01:16:09.840 --> 01:16:14.840]  It lets what's going out of the earpiece of the phone go straight through it into my ear
[01:16:14.840 --> 01:16:21.840]  And then obviously it records, you know, through the vibration in my head, me talking and the other person simultaneously
[01:16:21.840 --> 01:16:26.840]  And that will cut back on their ability to detect that you may be recording the call
[01:16:26.840 --> 01:16:37.840]  If you have Skype, there are some really nice programs you can download that will give you real nice digital recordings
[01:16:37.840 --> 01:16:40.840]  Okay, we're going to go to break
[01:16:40.840 --> 01:16:43.840]  Key, are you going to have something more for us on the other side?
[01:16:43.840 --> 01:16:47.840]  Yeah, hopefully I can bring it up
[01:16:47.840 --> 01:16:50.840]  Okay, hang on, we'll bring you over to the other side
[01:16:50.840 --> 01:16:54.840]  This is Randy Kelton, Eddie Craig, Debra has the night off
[01:16:54.840 --> 01:16:57.840]  We'll be right back
[01:17:25.840 --> 01:17:28.840]  This could be the most important meeting you'll ever attend
[01:17:28.840 --> 01:17:30.840]  The truth shall make us free
[01:17:30.840 --> 01:17:35.840]  There's no registration and like all the best things in life, yes, it's absolutely free
[01:17:35.840 --> 01:17:37.840]  Personal peace, liberty, and justice
[01:17:37.840 --> 01:17:39.840]  Hope for a new world
[01:17:39.840 --> 01:17:42.840]  This Saturday, October 31st, 3pm
[01:17:42.840 --> 01:17:44.840]  Brave new books
[01:17:44.840 --> 01:17:45.840]  I dare you
[01:17:45.840 --> 01:17:58.840]  Hope to see you there
[01:18:15.840 --> 01:18:34.840]  Okay, we're back, Randy Kelton, Eddie Craig, Debra Stevens has the night off
[01:18:34.840 --> 01:18:37.840]  We were talking to Tee from Minnesota
[01:18:37.840 --> 01:18:39.840]  Tee, you have something else for us
[01:18:39.840 --> 01:18:42.840]  Yeah, I want to clinch up the Senate thing
[01:18:42.840 --> 01:18:46.840]  We only need 30 signatures, that's not that much to go for
[01:18:46.840 --> 01:18:50.840]  We already have 307 or more on the House side
[01:18:50.840 --> 01:18:52.840]  Most of the work is done, people
[01:18:52.840 --> 01:18:55.840]  We need to call our Senators, the ones that are holding out
[01:18:55.840 --> 01:18:57.840]  They won't even state their positions
[01:18:57.840 --> 01:19:01.840]  Neither of my two Senators in Minnesota will even state their positions on the bill
[01:19:01.840 --> 01:19:05.840]  Which was written, by the way, 28 years ago
[01:19:05.840 --> 01:19:07.840]  Finally being heard
[01:19:07.840 --> 01:19:09.840]  Now, my next thing I wanted to bring up is
[01:19:09.840 --> 01:19:16.840]  And I haven't gone to one of these classes yet, but if anyone wants to learn how to use Lexis and or Westlaw
[01:19:16.840 --> 01:19:18.840]  Or learn how to use them better
[01:19:18.840 --> 01:19:23.840]  You can check with your local law library, especially the publicly funded ones
[01:19:23.840 --> 01:19:30.840]  Which have, basically, Westlaw and Lexis respectively will send their own experts in
[01:19:30.840 --> 01:19:36.840]  To teach free seminars on how to use these very powerful tools
[01:19:36.840 --> 01:19:40.840]  So you can just check with the law library and see if they have that and what the schedule is
[01:19:40.840 --> 01:19:44.840]  And if you want to show up, it's free, at least it is here
[01:19:44.840 --> 01:19:49.840]  Yes, Westlaw, I use Lexis mainly and it is very powerful
[01:19:49.840 --> 01:19:53.840]  But most of the legal libraries I go to have Westlaw
[01:19:53.840 --> 01:19:57.840]  Now, Randy, is there a difference between Lexis and Westlaw from your view?
[01:19:57.840 --> 01:20:01.840]  Yes, they're really just structural differences
[01:20:01.840 --> 01:20:03.840]  They look somewhat different
[01:20:03.840 --> 01:20:09.840]  But it takes about 10 minutes to shift from one to the other
[01:20:09.840 --> 01:20:13.840]  So the differences are minimal
[01:20:13.840 --> 01:20:18.840]  The primary thing is not the differences in the engines
[01:20:18.840 --> 01:20:25.840]  But learning how to think in terms and how to find the laws you're looking for
[01:20:25.840 --> 01:20:33.840]  And what I do more and more, I go to the legal encyclopedias
[01:20:33.840 --> 01:20:40.840]  Jurisprudence and litigation guides if I can find them
[01:20:40.840 --> 01:20:45.840]  Because they go to issues around a point
[01:20:45.840 --> 01:20:50.840]  The other day I was looking for things on DUI
[01:20:50.840 --> 01:20:54.840]  So I did a search and pulled up Texas litigation guide
[01:20:54.840 --> 01:20:58.840]  And it was dead on
[01:20:58.840 --> 01:21:02.840]  It walked right through the primary issues in DUI
[01:21:02.840 --> 01:21:07.840]  So in there I had lots of case law
[01:21:07.840 --> 01:21:12.840]  So I could go down through the different issues until I got to the issue I was looking for
[01:21:12.840 --> 01:21:16.840]  And I got a number of cases on point
[01:21:16.840 --> 01:21:20.840]  Once I have a case on point, then I can go in and either
[01:21:20.840 --> 01:21:24.840]  Shepardize that case and Westlaw has something different
[01:21:24.840 --> 01:21:27.840]  It's not called Shepard's
[01:21:27.840 --> 01:21:28.840]  Pardon me?
[01:21:28.840 --> 01:21:30.840]  I think it's called Keysighting, isn't it?
[01:21:30.840 --> 01:21:31.840]  Keysighting, yes
[01:21:31.840 --> 01:21:35.840]  Where you go in and run that case
[01:21:35.840 --> 01:21:41.840]  And it will tell you every other case that's referenced this one
[01:21:41.840 --> 01:21:45.840]  So if you can find a case that's near point
[01:21:45.840 --> 01:21:48.840]  If it's not dead on point
[01:21:48.840 --> 01:21:52.840]  A lot of times I find a case that goes to the issue
[01:21:52.840 --> 01:21:59.840]  Like one of the phonier problems I've had here in Texas was ab initio
[01:21:59.840 --> 01:22:02.840]  Still is ab initio
[01:22:02.840 --> 01:22:09.840]  I have a couple of Texas cases that are not
[01:22:09.840 --> 01:22:15.840]  Well, they address things other than trespass on to property
[01:22:15.840 --> 01:22:22.840]  Almost all of the cases in Texas addressing trespass ab initio from the beginning
[01:22:22.840 --> 01:22:26.840]  Go to trespass on property
[01:22:26.840 --> 01:22:30.840]  And one of them states that
[01:22:30.840 --> 01:22:38.840]  If a person trespasses, they become a trespasser from the beginning and all their acts are defeated
[01:22:38.840 --> 01:22:43.840]  And this applies to police and law enforcement officials
[01:22:43.840 --> 01:22:47.840]  I wanted to go directly to law enforcement officials
[01:22:47.840 --> 01:22:53.840]  So this is the problem we have doing legal research is finding one dead on point
[01:22:53.840 --> 01:22:58.840]  I found some in other states that were absolutely dead on point
[01:22:58.840 --> 01:23:01.840]  And then I ran those
[01:23:01.840 --> 01:23:07.840]  Like if I have a case from North Carolina where I found one that was really good
[01:23:07.840 --> 01:23:11.840]  So I ran that case in a search
[01:23:11.840 --> 01:23:16.840]  I searched for the case name and Texas
[01:23:16.840 --> 01:23:21.840]  And generally when you do that you will get
[01:23:21.840 --> 01:23:26.840]  On the same topic you will get a case from Texas that cited it
[01:23:26.840 --> 01:23:28.840]  And if you have a
[01:23:28.840 --> 01:23:31.840]  Say you go to the local library here in Texas
[01:23:31.840 --> 01:23:34.840]  They will almost always have federal
[01:23:34.840 --> 01:23:37.840]  And they'll have your state
[01:23:37.840 --> 01:23:42.840]  But say you're trying to find some law from another state
[01:23:42.840 --> 01:23:48.840]  The trick I found to do that is almost all of the search engines
[01:23:48.840 --> 01:23:51.840]  I mean the Westlaw and Lexis both
[01:23:51.840 --> 01:23:54.840]  Has a get document function
[01:23:54.840 --> 01:23:57.840]  So that if you're reading a case
[01:23:57.840 --> 01:24:01.840]  And it cites a case that's not in your state
[01:24:01.840 --> 01:24:06.840]  It would be very restrictive if you can't get that case
[01:24:06.840 --> 01:24:10.840]  So with the get document function
[01:24:10.840 --> 01:24:14.840]  If you put in the case address, the case citation
[01:24:14.840 --> 01:24:19.840]  It will go pull you that case no matter where it's from
[01:24:19.840 --> 01:24:22.840]  So if I have a Texas case that's referencing other state cases
[01:24:22.840 --> 01:24:28.840]  I can get those cases so that I can do a good analysis on what I'm working on
[01:24:28.840 --> 01:24:31.840]  So the trick is
[01:24:31.840 --> 01:24:34.840]  If you have a case from another state
[01:24:34.840 --> 01:24:37.840]  Say you don't have Pennsylvania law
[01:24:37.840 --> 01:24:40.840]  And this is exactly what I did
[01:24:40.840 --> 01:24:42.840]  I found my issue in Texas
[01:24:42.840 --> 01:24:47.840]  Ran the names with PA behind it or Pennsylvania behind it
[01:24:47.840 --> 01:24:51.840]  And first shot got cases dead on point out of Pennsylvania
[01:24:51.840 --> 01:24:55.840]  Once you get the first case close to point
[01:24:55.840 --> 01:25:00.840]  Pull it up and it's going to show you a lot of other cases around that point
[01:25:00.840 --> 01:25:04.840]  So once I got in the Pennsylvania door
[01:25:04.840 --> 01:25:08.840]  Then I could find my other cases using the get function
[01:25:08.840 --> 01:25:12.840]  So there's more than one way to get around these things
[01:25:12.840 --> 01:25:17.840]  And we really need to do a show on how to do legal research
[01:25:17.840 --> 01:25:20.840]  We got questions, requests for that at the seminar
[01:25:20.840 --> 01:25:24.840]  And we need to set up a show to do exactly that
[01:25:24.840 --> 01:25:27.840]  And there's another really trick way
[01:25:27.840 --> 01:25:31.840]  When I run out of options, when I simply cannot find it
[01:25:31.840 --> 01:25:34.840]  I go to the internet
[01:25:34.840 --> 01:25:40.840]  And it's probably as good a legal search engine as most anything else
[01:25:40.840 --> 01:25:44.840]  When I can't find it in Lexus I go out to the internet
[01:25:44.840 --> 01:25:50.840]  Put in my point or terms as close to my point as I can get
[01:25:50.840 --> 01:25:57.840]  And run it on a search engine and I almost always come up with some leads
[01:25:57.840 --> 01:26:00.840]  That lead me back to cases I can use
[01:26:00.840 --> 01:26:05.840]  So the internet is an extremely powerful tool
[01:26:05.840 --> 01:26:10.840]  George Orwell, when he wrote 1984
[01:26:10.840 --> 01:26:14.840]  Never contemplated the internet
[01:26:14.840 --> 01:26:18.840]  It changed the whole dynamic
[01:26:18.840 --> 01:26:21.840]  So we need to use it
[01:26:21.840 --> 01:26:24.840]  Well T, do you have any other comments?
[01:26:24.840 --> 01:26:29.840]  No, now I have a question regarding personal problems
[01:26:29.840 --> 01:26:37.840]  Basically I signed a contract hanging 90 days over my head for two years
[01:26:37.840 --> 01:26:41.840]  And the contingencies amongst them were that I would
[01:26:41.840 --> 01:26:49.840]  If I was caught driving without a valid driver's license
[01:26:49.840 --> 01:26:54.840]  That I would be at risk for doing that 90 days
[01:26:54.840 --> 01:27:02.840]  Now there was some circumstances that kind of coerced me into that position
[01:27:02.840 --> 01:27:10.840]  But basically I was charged, I was accused of refusing to submit a breath sample
[01:27:10.840 --> 01:27:19.840]  Where one reading did come out and the reading was 100 over the limit 0.081
[01:27:19.840 --> 01:27:27.840]  However the test solution that they show the accuracy of the readouts with
[01:27:27.840 --> 01:27:35.840]  Shows very specifically that the machine was giving samples that were 0.02 skewed
[01:27:35.840 --> 01:27:38.840]  Skewed 0.02 higher than they should have been
[01:27:38.840 --> 01:27:41.840]  So in other words the real reading was 0.079
[01:27:41.840 --> 01:27:45.840]  But the sample still said insufficient
[01:27:45.840 --> 01:27:48.840]  Although it did have a digital readout
[01:27:48.840 --> 01:27:51.840]  By any rate they charged me with refusing to blow
[01:27:51.840 --> 01:27:53.840]  And with a third degree DWI
[01:27:53.840 --> 01:27:58.840]  Which there was some kind of six months or potential year sentence
[01:27:58.840 --> 01:28:03.840]  That I could have done probably a significant portion of
[01:28:03.840 --> 01:28:07.840]  If I was found guilty in a jury trial of those charges
[01:28:07.840 --> 01:28:14.840]  And so I unfortunately pled guilty to the least severe, the fourth degree DWI
[01:28:14.840 --> 01:28:17.840]  So I signed a contract with 90 days over my head
[01:28:17.840 --> 01:28:20.840]  Committing to not drive without a driver's license
[01:28:20.840 --> 01:28:23.840]  Which I would petition for and procure through the...
[01:28:23.840 --> 01:28:25.840]  Okay, okay, good point
[01:28:25.840 --> 01:28:35.840]  Basically because the term of license revocation for the dismissed charges was one year
[01:28:35.840 --> 01:28:43.840]  Now the conviction carries a revocation period of six months
[01:28:43.840 --> 01:28:48.840]  Well I'm at the ten months point now of the year
[01:28:48.840 --> 01:28:55.840]  And the DPS claims that they do the finding of facts over there at the DPS
[01:28:55.840 --> 01:28:59.840]  And that they're not subject to the court's delegated authority
[01:28:59.840 --> 01:29:03.840]  To be the sole finder of the facts and deciders of outcomes
[01:29:03.840 --> 01:29:08.840]  That the DPS in fact is not subject to constitutional limitations
[01:29:08.840 --> 01:29:13.840]  So I asked the DPS officers, well who's oversight are you subject to?
[01:29:13.840 --> 01:29:14.840]  They said the state
[01:29:14.840 --> 01:29:20.840]  I'm saying okay, so the state is outside of the jurisdiction of the state and federal constitutions
[01:29:20.840 --> 01:29:23.840]  And they basically said yes
[01:29:23.840 --> 01:29:26.840]  And they're trying to act like they are the finder of the facts
[01:29:26.840 --> 01:29:28.840]  They have no personal knowledge of anything
[01:29:28.840 --> 01:29:30.840]  The court dismissed the charge
[01:29:30.840 --> 01:29:33.840]  They're upholding the revocation period for the dismissed charge
[01:29:33.840 --> 01:29:36.840]  Can I sue for libel? What can I do?
[01:29:36.840 --> 01:29:39.840]  Okay, we're about to run out of time on this side
[01:29:39.840 --> 01:29:41.840]  I'll address that when we come back
[01:29:41.840 --> 01:29:45.840]  There should be a number of things you could go after them for
[01:29:45.840 --> 01:29:47.840]  But we're about to go to break
[01:29:47.840 --> 01:29:51.840]  Randy Kelton, Eddie Craig, Deborah Stevens has the night off
[01:29:51.840 --> 01:29:55.840]  She's out playing while we're working
[01:29:55.840 --> 01:29:57.840]  And we'll be right back
[01:29:57.840 --> 01:30:02.840]  Boy, that dinner sure was swell, wasn't it, darling?
[01:30:02.840 --> 01:30:04.840]  Yeah, it was pretty good
[01:30:04.840 --> 01:30:07.840]  You know, I love... Oh, great, it's the police
[01:30:07.840 --> 01:30:10.840]  Just calm down, honey, just do what they say
[01:30:13.840 --> 01:30:16.840]  It is I, Art of the Pater
[01:30:16.840 --> 01:30:19.840]  I want to drink your wine
[01:30:19.840 --> 01:30:21.840]  Vampire cops got you down?
[01:30:21.840 --> 01:30:25.840]  Then join Texans for Accountable Government on Halloween at 8 p.m.
[01:30:25.840 --> 01:30:28.840]  At the corner of South First and Barton Springs Road
[01:30:28.840 --> 01:30:32.840]  As we hold a press conference and we protest non-consensual blood withdrawals
[01:30:32.840 --> 01:30:35.840]  Later that night at 10 p.m. we'll be partying at Elysium
[01:30:35.840 --> 01:30:37.840]  Located at 705 Red River Street
[01:30:37.840 --> 01:30:40.840]  Tell the bouncer you're with Texans for Accountable Government
[01:30:40.840 --> 01:30:43.840]  And the $5 cover charge will go to Support Square Patrol
[01:30:43.840 --> 01:30:46.840]  A local nonprofit which offers subber rides home
[01:30:46.840 --> 01:30:51.840]  Again, join us at 8 p.m. on the corner of South First and Barton Springs
[01:30:51.840 --> 01:30:54.840]  Go to tagtexas.org for more info
[01:30:54.840 --> 01:30:57.840]  And remember, Austin, don't drink and drive
[01:30:57.840 --> 01:30:59.840]  We'll be right back
[01:31:22.840 --> 01:31:26.840]  Okay, Randy Kelton, Eddie Craig, The Rool of the Law Radio
[01:31:26.840 --> 01:31:40.680]  We were talking to Tee from Minnesota, okay Tee, about your issue with the DPS, anytime
[01:31:40.680 --> 01:31:46.760]  a public official or public office claims an authority they don't exactly have, that
[01:31:46.760 --> 01:31:55.720]  can be, and in the process deny you a right, and the right to travel is one, that's always
[01:31:55.720 --> 01:31:56.720]  a violation.
[01:31:56.720 --> 01:32:05.160]  Now the only state I've ever seen that didn't have that criminal charge was New Mexico,
[01:32:05.160 --> 01:32:10.520]  but if it doesn't have the criminal charge you can draw it from another state, New Mexico
[01:32:10.520 --> 01:32:15.000]  happened to be next to Texas so they could pull official oppression from Texas, or you
[01:32:15.000 --> 01:32:22.120]  can pull the federal down and go after them, and you maintain that they violated, that
[01:32:22.120 --> 01:32:31.840]  you met your legal obligations and they arbitrarily acted to deny you a right, and so forth, it
[01:32:31.840 --> 01:32:36.600]  would be a lot of fun, and it would be a great education.
[01:32:36.600 --> 01:32:40.200]  Are we talking criminal charge, civil charge or both?
[01:32:40.200 --> 01:32:45.120]  Both, I would do, if there's any way I could make the criminal charge, I would make the
[01:32:45.120 --> 01:32:50.840]  criminal charge first, because this is what you get.
[01:32:50.840 --> 01:32:59.040]  You get other public officials running interference for the public officials you're going after,
[01:32:59.040 --> 01:33:06.000]  then you get to file toward action against each one of them, and remember, this goes
[01:33:06.000 --> 01:33:16.200]  to a, ultimately to a civil jury, and it's one thing for the DPS to be able to claim
[01:33:16.200 --> 01:33:21.680]  that they have all these rights, and they can make all the arguments they want to, but
[01:33:21.680 --> 01:33:29.960]  when you can show that, this officer's in a position to where he's next to God, because
[01:33:29.960 --> 01:33:35.320]  all of those people that are in positions who are supposed to protect you from him acting
[01:33:35.320 --> 01:33:43.520]  improperly will simply refuse, so he knows full well he can violate any law he wants
[01:33:43.520 --> 01:33:47.840]  to because they're all buddies, they're all in bed with one another, and they'll protect
[01:33:47.840 --> 01:33:50.560]  each other from us, the sovereigns.
[01:33:50.560 --> 01:33:54.760]  They hear in Minnesota, they base it on the officer contacting them and saying that, oh,
[01:33:54.760 --> 01:33:58.240]  I believe this guy did this, I'm charging him with this, and then what they do is they
[01:33:58.240 --> 01:34:04.720]  revoke you based on that, and they give you a 30-day statute of limitations to have a
[01:34:04.720 --> 01:34:12.040]  revocation hearing, which is basically a petition to overturn the revocation, and if you don't
[01:34:12.040 --> 01:34:17.800]  make that appeal within 30 days, then they stick it, you know, no matter what the court
[01:34:17.800 --> 01:34:19.920]  outcome, even if everything is dismissed.
[01:34:19.920 --> 01:34:20.920]  Okay.
[01:34:20.920 --> 01:34:25.320]  First thing you have to do is read the code and know what the law is.
[01:34:25.320 --> 01:34:30.520]  Well, it's pretty short, and it seems like the statute would support them in doing that,
[01:34:30.520 --> 01:34:31.520]  but that's double jeopardy.
[01:34:31.520 --> 01:34:32.520]  Okay.
[01:34:32.520 --> 01:34:35.520]  Well, I used to think Florida was the most corrupt state.
[01:34:35.520 --> 01:34:37.320]  I now think Minnesota is.
[01:34:37.320 --> 01:34:39.960]  It's pretty short, if you might go to...
[01:34:39.960 --> 01:34:45.000]  You have to, if you know the law, you have to know it, and you have to exercise it.
[01:34:45.000 --> 01:34:46.960]  If you don't, they'll roll over you with it.
[01:34:46.960 --> 01:34:54.080]  If you fail to meet the standards, you may not like the standards or the time limit requirements,
[01:34:54.080 --> 01:35:01.040]  but you have to meet them, no matter how difficult it is, before you get to raise the argument.
[01:35:01.040 --> 01:35:07.360]  But if they move the constitutional prohibitions, limitations, and immunities, you know, then
[01:35:07.360 --> 01:35:11.680]  is the statute invalid?
[01:35:11.680 --> 01:35:17.080]  That's an argument you would have to make, but until you get the statute ruled invalid,
[01:35:17.080 --> 01:35:18.320]  you have to follow it.
[01:35:18.320 --> 01:35:23.760]  You've got these guys out here in legal reform say, oh, that statute violates constitution,
[01:35:23.760 --> 01:35:24.760]  so they ignore it.
[01:35:24.760 --> 01:35:30.400]  Well, you can go to jail ignoring unconstitutional statutes.
[01:35:30.400 --> 01:35:36.080]  So long as they're on the books and they haven't been ruled unconstitutional, you've got to
[01:35:36.080 --> 01:35:38.040]  deal with them.
[01:35:38.040 --> 01:35:42.320]  So you have to know what the law is, you don't have to like it, but you've got to live with
[01:35:42.320 --> 01:35:48.640]  it, and the ones that are wrong work to change it, but until you get it changed, work within
[01:35:48.640 --> 01:35:49.640]  the system.
[01:35:49.640 --> 01:35:52.440]  We need to move ahead with Jessica's been holding forever.
[01:35:52.440 --> 01:35:54.480]  Well, thank you.
[01:35:54.480 --> 01:35:59.520]  Okay, thank you, T. Jessica, are you there?
[01:35:59.520 --> 01:36:00.520]  Yes.
[01:36:00.520 --> 01:36:01.520]  Good, good.
[01:36:01.520 --> 01:36:02.520]  Thank you.
[01:36:02.520 --> 01:36:05.520]  Okay, do you have a question or comment?
[01:36:05.520 --> 01:36:13.600]  Comments, I was at the traffic code seminar this last weekend, you guys were awesome,
[01:36:13.600 --> 01:36:19.360]  and I think, Randy, that you need a front tooth fund instead of a beer fund.
[01:36:19.360 --> 01:36:21.120]  Yeah, I will get that.
[01:36:21.120 --> 01:36:29.720]  I had delayed in getting that fixed because I was expecting to go before a jury, and I
[01:36:29.720 --> 01:36:35.720]  was going to show that to them because it was right in line with a hole in my suit and
[01:36:35.720 --> 01:36:43.800]  a hole in the shirt I had on, but now that I've got the case thrown out, I'll get that
[01:36:43.800 --> 01:36:44.800]  taken care of.
[01:36:44.800 --> 01:36:45.800]  That thing's getting annoying.
[01:36:45.800 --> 01:36:46.800]  It was just funny.
[01:36:46.800 --> 01:36:47.800]  It was great.
[01:36:47.800 --> 01:36:56.920]  It actually showed that you had really been there and been hit up against the wall.
[01:36:56.920 --> 01:37:03.000]  Well, be careful when you tell an officer what part of, I do not want to talk to you,
[01:37:03.000 --> 01:37:04.000]  do you not understand?
[01:37:04.000 --> 01:37:07.000]  It can get out of hand.
[01:37:07.000 --> 01:37:13.120]  Hey, I talked to a police officer's wife this week and told her that her husband would
[01:37:13.120 --> 01:37:20.480]  be personally liable if he did not follow the transportation code, and she said she
[01:37:20.480 --> 01:37:26.160]  had no idea what I was talking about, so I told her all about it, and she got pretty
[01:37:26.160 --> 01:37:27.160]  upset.
[01:37:27.160 --> 01:37:28.160]  She should.
[01:37:28.160 --> 01:37:29.160]  With you or with him.
[01:37:29.160 --> 01:37:38.200]  She got really upset at the notion that her husband could be held liable if he did something
[01:37:38.200 --> 01:37:41.880]  outside the scope of his authority.
[01:37:41.880 --> 01:37:47.440]  We didn't address... There's something else there that we didn't address.
[01:37:47.440 --> 01:37:55.600]  If he acts outside his authority, he violates his contract, collects his pay under fraud
[01:37:55.600 --> 01:37:59.240]  deal and circumstances, and she helps him launder the money.
[01:37:59.240 --> 01:38:00.240]  All right.
[01:38:00.240 --> 01:38:04.040]  Have a guy out of New York who always sues the cop's wife.
[01:38:04.040 --> 01:38:05.600]  Out of California, too.
[01:38:05.600 --> 01:38:06.600]  That would be Charlie Sprinkle.
[01:38:06.600 --> 01:38:07.600]  Charlie Sprinkle.
[01:38:07.600 --> 01:38:15.440]  Didn't you subject the officer to the court of angry wife?
[01:38:15.440 --> 01:38:18.560]  That's a court you don't want to be in.
[01:38:18.560 --> 01:38:23.760]  I think you've got a good thing going there, and if everybody would let spouses, police
[01:38:23.760 --> 01:38:31.720]  officers, et cetera, know that their spouse would be personally liable for infringement,
[01:38:31.720 --> 01:38:36.720]  I believe that would go a long way.
[01:38:36.720 --> 01:38:43.240]  When those police officers start getting those countersuits across complaints, that more
[01:38:43.240 --> 01:38:47.000]  than anything will get their attention.
[01:38:47.000 --> 01:38:52.480]  They're going to go to their boss and want to know what in the heck is going on.
[01:38:52.480 --> 01:39:04.960]  I'm following your policy, and in following your policy, I'm looking at being sued personally.
[01:39:04.960 --> 01:39:13.600]  This is how we'll get the statutes changed, or the policies changed, statutes defined,
[01:39:13.600 --> 01:39:19.560]  but we're not going to get them to follow law until they feel vulnerable.
[01:39:19.560 --> 01:39:25.560]  This woman wanted a copy of everything that I had to read so that she could talk to her
[01:39:25.560 --> 01:39:26.560]  husband.
[01:39:26.560 --> 01:39:27.560]  Wonderful.
[01:39:27.560 --> 01:39:33.080]  Yes, it came in very handy, so I'm going to be sitting with her for a couple of hours
[01:39:33.080 --> 01:39:35.200]  pretty soon to talk to her.
[01:39:35.200 --> 01:39:39.200]  Also, Deborah might look for outside sales reps.
[01:39:39.200 --> 01:39:45.080]  There are a lot of companies that have outside sales reps that will work for you on 100%
[01:39:45.080 --> 01:39:46.080]  commission.
[01:39:46.080 --> 01:39:48.680]  She was talking about needing an outside rep.
[01:39:48.680 --> 01:39:49.880]  Yes.
[01:39:49.880 --> 01:39:51.520]  You can find them online.
[01:39:51.520 --> 01:39:55.080]  There are some pretty big companies that do that.
[01:39:55.080 --> 01:39:56.080]  That's a good idea.
[01:39:56.080 --> 01:39:59.080]  I mean, look at that.
[01:39:59.080 --> 01:40:06.240]  Years ago, I was in sales, and I knew a lot of sales reps, and they represent a lot of
[01:40:06.240 --> 01:40:07.240]  things.
[01:40:07.240 --> 01:40:11.760]  Right, and there are people who specifically are freelance, and you can also use that as
[01:40:11.760 --> 01:40:15.880]  a search term, freelance outside ad sales people.
[01:40:15.880 --> 01:40:16.880]  Good.
[01:40:16.880 --> 01:40:18.880]  I think we'll do that.
[01:40:18.880 --> 01:40:23.080]  Do you have any more questions or comments for us?
[01:40:23.080 --> 01:40:30.120]  No, other than that the weekend, your traffic code seminar was awesome, and Eddie, you are
[01:40:30.120 --> 01:40:31.120]  a rock star.
[01:40:31.120 --> 01:40:32.120]  Thanks, I think.
[01:40:32.120 --> 01:40:33.120]  That's all I need now is groupies.
[01:40:33.120 --> 01:40:34.120]  Okay, I'll volunteer.
[01:40:34.120 --> 01:40:35.120]  Okay, thanks a lot, guys.
[01:40:35.120 --> 01:40:36.120]  Thank you very much.
[01:40:36.120 --> 01:40:37.120]  Bye-bye.
[01:40:37.120 --> 01:40:38.120]  Okay, bye.
[01:40:38.120 --> 01:40:39.120]  Bye.
[01:40:39.120 --> 01:40:40.120]  Bye.
[01:40:40.120 --> 01:40:41.120]  Bye.
[01:40:41.120 --> 01:40:42.120]  Bye.
[01:40:42.120 --> 01:40:43.120]  Bye.
[01:40:43.120 --> 01:40:44.120]  Bye.
[01:40:44.120 --> 01:40:45.120]  Bye.
[01:40:45.120 --> 01:40:46.120]  Bye.
[01:40:46.120 --> 01:40:47.120]  Bye.
[01:40:47.120 --> 01:40:48.120]  Bye.
[01:40:48.120 --> 01:40:49.120]  Bye.
[01:40:49.120 --> 01:40:50.120]  Bye.
[01:40:50.120 --> 01:40:51.120]  Okay, now we're going to go to Melanie in California.
[01:40:51.120 --> 01:40:52.120]  Melanie, you there?
[01:40:52.120 --> 01:40:53.120]  Yes, sir.
[01:40:53.120 --> 01:40:54.120]  Hello.
[01:40:54.120 --> 01:40:55.120]  Hello.
[01:40:55.120 --> 01:40:56.120]  Good evening.
[01:40:56.120 --> 01:40:57.400]  Good evening.
[01:40:57.400 --> 01:40:59.740]  We talked to you earlier, I believe.
[01:40:59.740 --> 01:41:03.240]  Yes, that's me.
[01:41:03.240 --> 01:41:04.280]  Okay.
[01:41:04.280 --> 01:41:12.720]  When you first spoke, I thought you said DPS, but you said CPS, Child Protective.
[01:41:12.720 --> 01:41:17.000]  Will you kind of give us a synopsis of the situation?
[01:41:17.000 --> 01:41:19.120]  Yes, sir.
[01:41:19.120 --> 01:41:26.320]  Basically, I am a citizen of Texas, and I'm out here in California.
[01:41:26.320 --> 01:41:34.000]  We were visiting on a farm down in the Bay Area where the man cultivates marijuana for
[01:41:34.000 --> 01:41:44.040]  a medical patient, and some police came from another county over looking for a visitor.
[01:41:44.040 --> 01:41:50.400]  They had a warrant for someone that visited that land, so they served that warrant, or
[01:41:50.400 --> 01:41:54.400]  they actually didn't serve a warrant until about halfway through the whole thing, and
[01:41:54.400 --> 01:41:59.240]  they arrested everyone there, including myself.
[01:41:59.240 --> 01:42:06.960]  The Child Protective Services were called in to come and take my two-year-old son.
[01:42:06.960 --> 01:42:08.840]  He was returned to me a couple of days ago.
[01:42:08.840 --> 01:42:16.720]  I was able to get him back from California, but I had to verbally agree that I would turn
[01:42:16.720 --> 01:42:24.880]  myself in to the Texas Child Protective Services within a week in order for them to take over
[01:42:24.880 --> 01:42:25.880]  the case.
[01:42:25.880 --> 01:42:34.680]  Then I got some advice from some friends that maybe I shouldn't show up there with him.
[01:42:34.680 --> 01:42:42.480]  I just went trying to find out what my rights are, do I have to take him back to Texas.
[01:42:42.480 --> 01:42:46.080]  Were you charged with anything?
[01:42:46.080 --> 01:42:52.000]  Right now, we're still awaiting arraignment, which is at the end of November.
[01:42:52.000 --> 01:43:01.240]  The charges that we were arrested on were about cultivation and conspiracy to sell marijuana.
[01:43:01.240 --> 01:43:07.160]  From what the bail bondsmen and other people have said that once we actually get to court,
[01:43:07.160 --> 01:43:12.280]  what we might actually be charged with would be probably different.
[01:43:12.280 --> 01:43:17.720]  The case itself has a lot of problems with it as far as I'm pretty confident about it
[01:43:17.720 --> 01:43:24.040]  getting severely lessened or thrown out, but not until the end of the month, which I'm
[01:43:24.040 --> 01:43:28.560]  not sure what to do in between with my child.
[01:43:28.560 --> 01:43:35.480]  The person who's raising the marijuana, you say he's raising it for medical marijuana,
[01:43:35.480 --> 01:43:42.240]  so does he have any types of permits from the state that exempt him from prosecution?
[01:43:42.240 --> 01:43:47.320]  Okay, hold on, we're about to go to break, we'll pick this up on the other side.
[01:43:47.320 --> 01:43:57.760]  This is Randy Kelton, Eddie Craig, Debra Stevens has the night off, so we will be right back.
[01:43:57.760 --> 01:44:08.720]  Yes, the light is shining more and more into the perfect day and a new world is coming
[01:44:08.720 --> 01:44:09.720]  soon.
[01:44:09.720 --> 01:44:14.480]  Please come check out the personal peace, liberty and justice seminar beginning this
[01:44:14.480 --> 01:44:20.200]  Saturday from 3 to 4 o'clock at Brave New Books, 1904 Guadalupe in Austin, Texas across
[01:44:20.200 --> 01:44:21.800]  from UT.
[01:44:21.800 --> 01:44:26.160]  Find out what's personally in store straight from the bravest books of all time.
[01:44:26.160 --> 01:44:31.080]  This could be the most important meeting you'll ever attend, the truth shall make us free.
[01:44:31.080 --> 01:44:36.320]  There's no registration and like all the best things in life, yes, it's absolutely free.
[01:44:36.320 --> 01:44:42.240]  Personal peace, liberty and justice, hope for a new world this Saturday, October 31st,
[01:44:42.240 --> 01:44:47.040]  3 p.m., Brave New Books, I dare you, hope to see you there.
[01:45:12.240 --> 01:45:34.680]  Okay, we're back, Randy Kelton, Eddie Craig, Leader of the Law Radio, we're talking to
[01:45:34.680 --> 01:45:38.880]  Melanie from California.
[01:45:38.880 --> 01:45:40.680]  Eddie had some comments.
[01:45:40.680 --> 01:45:46.360]  Yeah, Melanie, now remember I told you a little earlier today exactly they're going to play
[01:45:46.360 --> 01:45:49.640]  Let's Make a Deal with you?
[01:45:49.640 --> 01:45:53.320]  There is something you're going to need to be very aware of, the prosecution as I stated
[01:45:53.320 --> 01:45:59.000]  is going to do everything he can to get you to make a deal so he looks good.
[01:45:59.000 --> 01:46:04.880]  Do not be surprised if they try to use your child against you in this case, they're going
[01:46:04.880 --> 01:46:09.000]  to make all kinds of threats and everything else and they're going to base it on your
[01:46:09.000 --> 01:46:10.880]  child.
[01:46:10.880 --> 01:46:15.120]  If you haven't done anything wrong and the person that's growing this stuff for the medicinal
[01:46:15.120 --> 01:46:21.640]  purposes is going to wind up beating it because, stand on what you know to be right if you're
[01:46:21.640 --> 01:46:27.200]  willing to go through that, but just be aware this is how they operate.
[01:46:27.200 --> 01:46:36.680]  Yes, I just got finished with a case, the one that they mentioned my missing tooth where
[01:46:36.680 --> 01:46:45.040]  a DPS officer acted really, really ignorant and when they found out I was preparing to
[01:46:45.040 --> 01:46:50.200]  sue them they came after me to prosecute me because if they could get a conviction against
[01:46:50.200 --> 01:46:54.400]  me that would interfere with my ability to sue.
[01:46:54.400 --> 01:47:05.680]  So they really needed a conviction here and they made all of these dire threats, but you
[01:47:05.680 --> 01:47:11.560]  know I've been on the show and I tell people what to do and here I was in the position
[01:47:11.560 --> 01:47:20.040]  of looking at six months in jail and told them we're going to fight because it is true,
[01:47:20.040 --> 01:47:25.320]  I knew it was true, they are not going to let me get to court with them.
[01:47:25.320 --> 01:47:30.960]  The last thing they want to do is get into court unless they have an absolute overwhelming
[01:47:30.960 --> 01:47:37.760]  dead bag case and then have time to lose them anyway because they are incredibly incompetent.
[01:47:37.760 --> 01:47:42.320]  They know they're incompetent and they don't want us to figure out that they're incompetent
[01:47:42.320 --> 01:47:49.400]  so all they know how to do is wave their arms and make loud noises.
[01:47:49.400 --> 01:47:57.720]  Through the whole case the first thing I did was took control of my attorney, this is how
[01:47:57.720 --> 01:48:05.760]  you do that, you get them to appoint you counsel and the first thing you do is let your attorney
[01:48:05.760 --> 01:48:15.640]  know that if he fails to adequately adjudicate even one of your due process rights that you
[01:48:15.640 --> 01:48:21.360]  will file a bar grievance against him for each one.
[01:48:21.360 --> 01:48:31.720]  Now you've got your attorney's attention, he's going to be real unhappy and then have
[01:48:31.720 --> 01:48:38.440]  a document to file with the court and this court, this document instructs the judge to
[01:48:38.440 --> 01:48:48.640]  read all of your pleadings, it tells the judge that you do not waive your right to defend
[01:48:48.640 --> 01:48:55.240]  yourself neither do you waive your right to counsel as you have the right to boast.
[01:48:55.240 --> 01:48:59.080]  So I do not waive my right?
[01:48:59.080 --> 01:49:03.280]  You don't waive any of them and it's also in there that the court shall not construe
[01:49:03.280 --> 01:49:12.000]  that you waive any right except that that right is waived in court after full disclosure
[01:49:12.000 --> 01:49:19.440]  with counsel present free of coercion in writing.
[01:49:19.440 --> 01:49:25.520]  Now it really doesn't mean anything but all we're doing here is telling the judge that
[01:49:25.520 --> 01:49:34.920]  this attorney you appointed has got a really obnoxious annoying client and this client
[01:49:34.920 --> 01:49:41.160]  is out of control and you're going to have to protect this attorney from this client
[01:49:41.160 --> 01:49:46.600]  because this client is going to crucify this attorney you appointed, generally they want
[01:49:46.600 --> 01:49:54.280]  you to have counsel so they can use counsel to screw you around.
[01:49:54.280 --> 01:50:00.000]  First thing you want to do is let that counsel know you know how to end his career.
[01:50:00.000 --> 01:50:05.240]  When my attorney asked me when I told him I'd file a bar grievance against him, Mr. Kelton
[01:50:05.240 --> 01:50:12.840]  you would grieve me, I said in a heartbeat and frankly I liked him so I would have hated
[01:50:12.840 --> 01:50:20.440]  it but I would have filed a bar grievance against him in a heartbeat and he was a relatively
[01:50:20.440 --> 01:50:24.120]  new attorney that would have ended his career.
[01:50:24.120 --> 01:50:30.440]  One bar grievance first year of practice they'll counsel your malpractice insurance so it was
[01:50:30.440 --> 01:50:36.480]  a really big deal for him, that's their weakness so get them to appoint your counsel and first
[01:50:36.480 --> 01:50:42.160]  thing to do is kick your counsel right square in the behind and let your counsel know that
[01:50:42.160 --> 01:50:49.000]  however frightened you may be of that judge you need to be more frightened of me because
[01:50:49.000 --> 01:50:53.280]  I'll end your career and I won't even feel bad about it.
[01:50:53.280 --> 01:51:01.280]  So you put and you let the judge know with this document that you are an unruly client
[01:51:01.280 --> 01:51:08.360]  and your attorney is not going to be able to control you and you're prepared to end
[01:51:08.360 --> 01:51:14.040]  this attorney's career so now the judge has to protect the attorney from you, changes
[01:51:14.040 --> 01:51:15.040]  everything.
[01:51:15.040 --> 01:51:22.480]  This year I had all my cases and me objecting like crazy I told my attorney don't you dare
[01:51:22.480 --> 01:51:29.600]  let them dismiss this case unless they dismiss it with prejudice and because if they don't
[01:51:29.600 --> 01:51:34.000]  dismiss it with prejudice it's going to stay on my record for two years and you know what
[01:51:34.000 --> 01:51:36.840]  that's going to do to my reputation?
[01:51:36.840 --> 01:51:40.480]  He said Mr. Kelton you do a radio show legal reform it's going to make you famous.
[01:51:40.480 --> 01:51:46.440]  Oh wait wait wait we're not going to tell him that part.
[01:51:46.440 --> 01:51:53.720]  But they did everything they could went so far as to tell my attorney that they knew
[01:51:53.720 --> 01:51:58.160]  who I was and if I started filing criminal charges why they would charge me with tampering
[01:51:58.160 --> 01:51:59.160]  the government document.
[01:51:59.160 --> 01:52:02.160]  I asked can they actually say that?
[01:52:02.160 --> 01:52:03.160]  Yes they did.
[01:52:03.160 --> 01:52:07.560]  I reached in my case pulled out a stack of complaints about a quarter inch high.
[01:52:07.560 --> 01:52:11.640]  So you get that prosecuting attorney out here I've got these criminal complaints and I want
[01:52:11.640 --> 01:52:15.160]  her to verify these criminal complaints in accordance with her duty as prescribed by
[01:52:15.160 --> 01:52:18.800]  Article 206 Code of Criminal Procedure and my attorney said I'm not touching them.
[01:52:18.800 --> 01:52:21.440]  Here take them take them I'm not going to touch them I'm not going to touch them you're
[01:52:21.440 --> 01:52:22.440]  going to get me disbarred.
[01:52:22.440 --> 01:52:26.080]  Oh it was a hoot.
[01:52:26.080 --> 01:52:30.760]  But this is what they're going to do they're going to make noises they're going to wave
[01:52:30.760 --> 01:52:36.360]  their arms they're going to propose dire threats to these horrible things they'll do to you.
[01:52:36.360 --> 01:52:40.240]  They're going to tell you you're going to come back here and you've got to report to
[01:52:40.240 --> 01:52:45.280]  Child Protective Services you don't have to do any such thing.
[01:52:45.280 --> 01:52:49.920]  If Child Protective Services wants to talk to you they can call you and the first thing
[01:52:49.920 --> 01:52:54.600]  you do is demand their bona fides.
[01:52:54.600 --> 01:53:03.640]  Who are you and precisely what authority do you have to talk to me?
[01:53:03.640 --> 01:53:07.880]  And if they want to fight give them one this is the thing they can't handle they're used
[01:53:07.880 --> 01:53:13.040]  to everybody laying down rolling over doing whatever they say they're not used to somebody
[01:53:13.040 --> 01:53:16.760]  coming after them.
[01:53:16.760 --> 01:53:22.520]  And I can say this comfortably because it really does work.
[01:53:22.520 --> 01:53:31.160]  And your whatever issue this is a minor issue this they will charge you with the most serious
[01:53:31.160 --> 01:53:41.000]  crime they think they can and then they will try to deal you down to something minor don't
[01:53:41.000 --> 01:53:45.040]  go scratch.
[01:53:45.040 --> 01:53:54.600]  There are issues about the arrest I'm not really up up on California law but I am up
[01:53:54.600 --> 01:54:00.400]  on it enough to know that they're required to take you to a magistrate did they do that?
[01:54:00.400 --> 01:54:02.280]  No.
[01:54:02.280 --> 01:54:03.280]  They got a problem.
[01:54:03.280 --> 01:54:04.280]  I don't know what that means.
[01:54:04.280 --> 01:54:06.160]  I don't know what that means exactly.
[01:54:06.160 --> 01:54:09.280]  Did they take you before a judge?
[01:54:09.280 --> 01:54:14.400]  No not not that's what we're set to do not until November 25th.
[01:54:14.400 --> 01:54:17.320]  They have a problem.
[01:54:17.320 --> 01:54:19.960]  They have a very serious problem.
[01:54:19.960 --> 01:54:22.840]  We need that bonding out.
[01:54:22.840 --> 01:54:30.120]  Okay in California one thing you do have is a good grand jury system.
[01:54:30.120 --> 01:54:36.080]  You need to look at California law we might need to get you in touch with Rick.
[01:54:36.080 --> 01:54:39.920]  What part of California again are you near LA?
[01:54:39.920 --> 01:54:41.720]  No more northern.
[01:54:41.720 --> 01:54:47.760]  Okay that's kind of what I figured up out of the desert.
[01:54:47.760 --> 01:54:50.360]  Maybe I get you in contact with Rick.
[01:54:50.360 --> 01:54:57.720]  He's pretty familiar with California law but when they arrested you without a warrant they
[01:54:57.720 --> 01:55:01.280]  had a duty to take you to the nearest magistrate.
[01:55:01.280 --> 01:55:09.880]  Now one of the primary cases we use the main case is a Florida case but the second case
[01:55:09.880 --> 01:55:20.640]  is City of Riverside California v. State that addressed that issue and the courts were saying
[01:55:20.640 --> 01:55:27.920]  that they had or the municipalities and such were saying they had 48 hours before they're
[01:55:27.920 --> 01:55:34.680]  invoked a prima facie consideration that the delay was untimely and the California case
[01:55:34.680 --> 01:55:37.680]  lowered to 24.
[01:55:37.680 --> 01:55:41.600]  After 24 hours it is presumed that it was untimely.
[01:55:41.600 --> 01:55:47.120]  If they didn't take you before a magistrate at all you need to start filing criminal charges
[01:55:47.120 --> 01:55:52.840]  against all of them prepare a civil action against them and file the civil suit in the
[01:55:52.840 --> 01:55:55.520]  case that's filed against you.
[01:55:55.520 --> 01:56:03.320]  So you guys want to dance I get to lead and you can be almost certain your case will go
[01:56:03.320 --> 01:56:04.320]  away.
[01:56:04.320 --> 01:56:13.280]  It's all about money it's not about justice it's not about who's innocent who's guilty
[01:56:13.280 --> 01:56:20.720]  it's about dollar flow and that's all it's about primarily the court wants to get you
[01:56:20.720 --> 01:56:29.760]  on probation reason being probation fees as opposed to fines.
[01:56:29.760 --> 01:56:38.960]  Fines generally for instance here in Texas 80% of the fine goes to the general fund it's
[01:56:38.960 --> 01:56:46.560]  like a unauthorized tax but a probation fee that stays in the county.
[01:56:46.560 --> 01:56:54.880]  I looked through the court records in Wise County the county I was from and in six months
[01:56:54.880 --> 01:57:04.480]  there were 1653 felony indictments brought have any idea how many people went to trial
[01:57:04.480 --> 01:57:16.520]  how many didn't plead guilty one tried found guilty had it overturned on appeal one trial
[01:57:16.520 --> 01:57:24.360]  they couldn't get it right I looked through there there were six fines I thought what
[01:57:24.360 --> 01:57:34.280]  is going six fines 1500 cases and six fines wait a minute where does the money go so the
[01:57:34.280 --> 01:57:39.280]  got these people in there they got them to take a deal and then they said okay how much
[01:57:39.280 --> 01:57:45.120]  money can we extract from them from probation fees and if they got any left over we'll take
[01:57:45.120 --> 01:57:50.280]  that as a fine but first they got all the money they could in probation fees because
[01:57:50.280 --> 01:57:55.320]  it helped finance county issues state and county didn't go to state this is all about
[01:57:55.320 --> 01:58:02.880]  money nobody cares if you're guilty or innocent but you and if you don't fight for it certainly
[01:58:02.880 --> 01:58:10.360]  prosecutors not going to care and your council is not going to care okay when we come back
[01:58:10.360 --> 01:58:18.680]  on the other side I'm going to stop preaching can you hang on oh yeah okay we will be back
[01:58:18.680 --> 01:58:23.040]  just a little bit and we've got Robert from Texas we'll take Robert on the other side
[01:58:23.040 --> 01:58:31.160]  it's Randy Kelk and Eddie Craig every Steven's got the night off and we're just having too
[01:58:31.160 --> 01:58:37.280]  much fun I think I'm having all the fun I can stand yeah well that's good he's probably
[01:58:37.280 --> 01:58:43.400]  sitting down while he's doing it too yes I am and I am getting very good at that we'll
[01:58:43.400 --> 01:59:03.760]  be right back folks hang on boy that dinner sure was swell wasn't it darling yeah it was
[01:59:03.760 --> 01:59:09.720]  pretty good you know I love oh great it's the police just calm down honey just do what
[01:59:09.720 --> 01:59:25.280]  they say vampire cops got you down then join Texans for accountable government on Halloween
[01:59:25.280 --> 01:59:29.960]  at 8 p.m. at the corner of South First and Barton Springs Road as we hold a press conference
[01:59:29.960 --> 01:59:35.080]  and we protest non-consensual blood withdrawals later that night at 10 p.m. we'll be partying
[01:59:35.080 --> 01:59:40.320]  at Elysium located at 705 Red River Street tell the bouncer you're with Texans for Accountable
[01:59:40.320 --> 01:59:45.640]  Government and the $5 cover charge will go to support Square Patrol a local nonprofit
[01:59:45.640 --> 01:59:51.120]  which offers sober rides home again join us at 8 p.m. on the corner of South First and
[01:59:51.120 --> 02:00:07.080]  Barton Springs go to tagtexas.org for more info and remember Austin don't drink and drive