ROL_2009-11-20_16k_Hr3-4.timecode

[00:14.160 --> 00:18.720]  Analysts say unless lawmakers make big changes, the interest Americans will have to pay to
[00:18.720 --> 00:23.240]  keep the country running will reach unheard of levels.
[00:23.240 --> 00:28.160]  Indian survivors of the Bhopal gas disaster Thursday protested outside the offices of
[00:28.160 --> 00:35.160]  Dow Chemical responsible for the 1984 toxic leak that killed 10,000 people at a plant.
[00:35.160 --> 00:41.180]  An estimated 25,000 people have died since and about 100,000 are chronically sick.
[00:41.180 --> 00:44.560]  It was the world's worst industrial accident.
[00:44.560 --> 00:49.960]  A U.S. judge Thursday sentenced two more men accused of plotting to blow up the Sears Tower
[00:49.960 --> 00:52.520]  in 2006 to prison.
[00:52.520 --> 00:57.040]  Patrick Abraham, the right-hand man of the leader of the conspiracy, was jailed for nine
[00:57.040 --> 01:00.920]  years while Stanley Fainor got eight years.
[01:00.920 --> 01:07.320]  Prosecutors have been seeking terms of up to 50 years.
[01:07.320 --> 01:13.800]  The European Union has selected Belgian Prime Minister Herman van Rompuy as its new president
[01:13.800 --> 01:18.080]  to chair EU summits and represent the bloc on the world stage.
[01:18.080 --> 01:22.700]  The website Global Research says the EU's secretive election process was more like the
[01:22.700 --> 01:26.240]  election of a new pope than a modern democratic procedure.
[01:26.240 --> 01:32.920]  The U.K. Guardian reported Wednesday van Rompuy met Henry Kissinger at a closed session of
[01:32.920 --> 01:39.200]  international policymakers and industrialists chaired by Viscount Etienne DaVignon, chairman
[01:39.200 --> 01:44.960]  of the Bilderberger Club, described by the Guardian as the shadowy global freemasonry
[01:44.960 --> 01:51.400]  of politicians and bankers who meet to discuss world affairs in the strictest privacy, spawning
[01:51.400 --> 01:54.120]  innumerable conspiracy theories.
[01:54.120 --> 01:59.080]  Van Rompuy is seen as a consensus builder who would not upstage the leaders of the big
[01:59.080 --> 02:03.320]  powers who call the shots in Europe.
[02:03.320 --> 02:08.240]  Richard Colvin, a former senior diplomat with Canada's Mission in Afghanistan, says all
[02:08.240 --> 02:15.000]  detainees transferred by Canadian forces to Afghan prisons were likely tortured by Afghan
[02:15.000 --> 02:16.360]  officials.
[02:16.360 --> 02:21.560]  In other words, said Colvin, we detained and handed over for severe torture a lot of innocent
[02:21.560 --> 02:27.040]  people, appearing before a House of Commons committee Wednesday, Colvin blasted Canadian
[02:27.040 --> 02:32.760]  detainee policies, Colvin said Canada did not monitor detainee conditions and took days,
[02:32.760 --> 02:38.160]  weeks or months to notify the Red Cross, Colvin said Canadian forces concealed detainees behind
[02:38.160 --> 02:44.160]  quote walls of secrecy, Colvin said as I learned more about our detainee practices, I came
[02:44.160 --> 02:48.400]  to the conclusion they were counterproductive and probably illegal, adding that the most
[02:48.400 --> 02:53.520]  common forms of torture were beatings, whippings with power cables, the use of electricity,
[02:53.520 --> 03:18.600]  knives, open flames and rape.
[03:23.520 --> 03:44.520]  Okay, we're back, we're talking with Mark in Wisconsin, okay go ahead Mark.
[03:44.520 --> 03:52.120]  Okay, out here in Wisconsin they passed a premises ID and I believe 2005 I've got a
[03:52.120 --> 04:01.080]  gentleman and his wife, Pat Melissa Monchilovich, they were dragged into court for not registering
[04:01.080 --> 04:07.240]  their premises, they filed a motion that they should have had an administrative hearing
[04:07.240 --> 04:15.920]  before they were dragged into court and the judge dismissed that and actually told them
[04:15.920 --> 04:23.640]  that they should have gone to administrative hearing first too I believe and then they
[04:23.640 --> 04:30.680]  raised the point that they didn't have a premises and premises wasn't defined in the statute
[04:30.680 --> 04:37.960]  so you have to go by the common law definition for premises and apparently the judge was
[04:37.960 --> 04:42.520]  so stupid she turned to the assistant district attorney and said what does that mean and
[04:42.520 --> 04:49.840]  he says oh I think that means they don't have a 911 address and so I guess I don't know
[04:49.840 --> 04:54.000]  if he filed that in writing or if he just said it to the judge and it wasn't cleared
[04:54.000 --> 05:01.000]  up but they did find him guilty of that and the Black's Law Dictionary indicates that
[05:01.000 --> 05:10.600]  premises doesn't exist unless defined on the title and his title doesn't say premises anywhere
[05:10.600 --> 05:15.760]  and so this premises ID I don't know if you're familiar with it Randy but what they're doing
[05:15.760 --> 05:20.160]  is they're making the farmers register all their premises so government agents can come
[05:20.160 --> 05:29.360]  on their property anytime they want and check their animals for anything they want and also
[05:29.360 --> 05:34.960]  they can't move their animals anywhere without doing certain tests or telling the government
[05:34.960 --> 05:40.920]  that they're going to move their animals and eventually they're going to put RFID tags
[05:40.920 --> 05:47.960]  in all these animals it's a big agenda 21 scheme to throw the small farmers off their
[05:47.960 --> 05:55.120]  land because what they did with the big factory farms it says you only have to have one identification
[05:55.120 --> 06:02.480]  RFID tag for your whole flock or your you know your whole farm so this guy's been fined
[06:02.480 --> 06:08.080]  four hundred dollars and you know it goes up if you don't register after that and I'm
[06:08.080 --> 06:13.720]  pretty sure I'll look around and see if I can find any you know due process violations
[06:13.720 --> 06:18.440]  other than and the one I just mentioned but I wanted to send this to someone to see if
[06:18.440 --> 06:23.840]  they could find anything he's going to send me all his papers from court too so I just
[06:23.840 --> 06:27.440]  wonder what you thought about that I mean here's the government saying you have to sign
[06:27.440 --> 06:31.120]  up for this program you have to give us the right to come on your property anytime you
[06:31.120 --> 06:38.080]  want it's just insane now mark we've actually been fighting that for quite a while here
[06:38.080 --> 06:46.720]  in Texas it's the NAIS bill right and right I haven't been keeping up on it but I think
[06:46.720 --> 06:52.440]  that I think that we beat it I think we beat it here in Texas I mean it was this thing
[06:52.440 --> 06:58.400]  is so far gone with registering all the animals and the property and moving them I mean you
[06:58.400 --> 07:07.280]  can't even take a horseback ride down a country road without telling the federal government
[07:07.280 --> 07:14.360]  you know you're going off for a Sunday jog with with the horse okay it's so far gone
[07:14.360 --> 07:20.160]  they require they want to require that the the farmers implant an RFID chip in every
[07:20.160 --> 07:29.160]  single fish in a catfish farm I mean give me a break no and and see when we fought that
[07:29.160 --> 07:35.400]  I remember about a year ago there was a huge NAIS rally at the Capitol here in Austin it
[07:35.400 --> 07:41.720]  was it was actually an independent state I think we I think we stopped it here in Texas
[07:41.720 --> 07:52.480]  yeah but we have it oh man yeah oh man it's right because they say they're getting a hundred
[07:52.480 --> 07:57.580]  and eleven percent compliance whatever that means so so most these farmers don't know
[07:57.580 --> 08:02.120]  that they're being led to slaughter here what the farmers are tagging their kids as well
[08:02.120 --> 08:08.720]  as their animals a hundred and eleven percent probably and now that the farmers that that
[08:08.720 --> 08:12.360]  are holding out what they're doing is they're taking them to the court and they're putting
[08:12.360 --> 08:17.000]  it in every newspaper they can find to get the rest of the farmers that come in on this
[08:17.000 --> 08:25.120]  plan well at some point people are just gonna have to say no I'm not tagging my fish I'm
[08:25.120 --> 08:32.360]  not tagging my animals it ain't gonna happen right what are you gonna do about it it's
[08:32.360 --> 08:40.240]  like with the FCC okay you want to levy $10,000 forfeiture okay bring it on all right let's
[08:40.240 --> 08:45.120]  go to court people are gonna have to start fighting it in court because if they're talking
[08:45.120 --> 08:51.360]  about these kinds of fines how do they how do they intend to levy these fines they're
[08:51.360 --> 08:55.480]  gonna try to file liens they're gonna have to get court orders they're gonna have to
[08:55.480 --> 08:59.800]  go into maritime law with forfeitures and all this kind of stuff like what the IRS and
[08:59.800 --> 09:04.680]  the FCC does I mean people are gonna have to start educating themselves of how to fight
[09:04.680 --> 09:10.360]  this thing legally I mean we've been talking to some of the individuals who run some of
[09:10.360 --> 09:16.000]  these micros not just in Texas and Oklahoma but other places and and it's like it's a
[09:16.000 --> 09:22.520]  it's a difficult scenario because people are gonna have to work really hard and research
[09:22.520 --> 09:29.400]  and learn and file motions in court and go to court and talk to judges and it's gonna
[09:29.400 --> 09:35.440]  take a lot of time and sending a lot of faxes but that's what it's gonna take if we want
[09:35.440 --> 09:43.240]  to protect our property and our rights right right I just figured maybe I could get get
[09:43.240 --> 09:48.760]  this guy off somehow with some sort of due process violations his appeals in like his
[09:48.760 --> 09:54.360]  appeal times up in like 30 days and then maybe just get him all mobbed up with his UCC stuff
[09:54.360 --> 10:04.600]  so they can't mess with him you know make him toxic to the government I don't know I
[10:04.600 --> 10:10.760]  don't know what would you guys well I like toxic to the government that I just like the
[10:10.760 --> 10:18.400]  whole idea of it but yeah we start looking at due process they never get it right so
[10:18.400 --> 10:23.980]  if these guys want to fight and you know once they've done this to someone and then they
[10:23.980 --> 10:28.760]  if we can get the person to you know that's when they realize that we really are in a
[10:28.760 --> 10:35.200]  police state but even though it's a police state we still have the tools to fight back
[10:35.200 --> 10:43.840]  with they've just conned us into not using them we start hammering these judges big time
[10:43.840 --> 10:49.640]  we'll get a different perspective so I will be looking forward to looking at this case
[10:49.640 --> 10:55.440]  and seeing what due process we can find yeah how do you get a one-armed SCC agent out of
[10:55.440 --> 11:06.360]  a tree that's it yeah I was thinking we could go after the judge on this too I mean how
[11:06.360 --> 11:10.200]  do you say in open court that you should have taken this to an administrative hearing first
[11:10.200 --> 11:18.280]  and then litigate on it lack of subject matter jurisdiction counter complain against the
[11:18.280 --> 11:31.800]  judge we did that here in Texas a friend of mine got a suit on a credit card from an attorney
[11:31.800 --> 11:38.880]  who claimed that he had a credit card with Sears and now this guy owned the debt he didn't
[11:38.880 --> 11:42.360]  show how he owned the debt but he claimed he owned the debt and he had a credit card
[11:42.360 --> 11:49.720]  with Sears and I don't know Sears I know Sears and Robux but I don't know Sears and the
[11:49.720 --> 11:59.120]  presentment wasn't verified special statute suit on account must be verified so the way
[11:59.120 --> 12:04.360]  you challenge subject matter jurisdiction what I've been telling people is you don't
[12:04.360 --> 12:11.320]  the first thing you do is not file a challenge to the jurisdiction you counter complain against
[12:11.320 --> 12:17.480]  the judge accusing him of acting without subject matter jurisdiction and impersonating a public
[12:17.480 --> 12:26.080]  official that's exactly what we did neither party read the paperwork before they got in
[12:26.080 --> 12:30.600]  court the attorney wanted to talk to the guy and the guy said well I don't know you know
[12:30.600 --> 12:39.240]  I counter sued you in that in this case huh so he got out the paperwork oh oh he didn't
[12:39.240 --> 12:46.840]  even read it no here was his problem in Texas if I file a petition you have till the Monday
[12:46.840 --> 12:56.160]  after the 20th day from the date you receive it to respond that day was long gone and since
[12:56.160 --> 13:02.160]  he had filed the original petition we didn't have to have him serve on the answer and counter
[13:02.160 --> 13:08.660]  complaint so he was he's screwed it's over for him the judge however he didn't answer
[13:08.660 --> 13:16.040]  either but he complained that he wasn't properly served and forced the guy to get the judges
[13:16.040 --> 13:22.280]  constable to serve the judge but he did that so the 20 day period would start again and
[13:22.280 --> 13:31.720]  he got his answer in in time so they really took this serious that's what we need now
[13:31.720 --> 13:38.200]  I almost guarantee you nobody's going to file a petition in this judge's court unless it's
[13:38.200 --> 13:45.760]  verified he's not gonna go here again because all of a sudden he told the guy well I'm not
[13:45.760 --> 13:52.320]  the one that has to determine jurisdiction and the guy said of course you do and that's
[13:52.320 --> 14:01.700]  the point the judge before he exercises jurisdiction he better know he has it because that's the
[14:01.700 --> 14:08.480]  only time you can sue him personally so I'm looking at countersuit against the judge criminal
[14:08.480 --> 14:14.640]  charges for impersonating a public official challenge against his bond let's dance Bubba
[14:14.640 --> 14:22.040]  right if we're if we're gonna get it back to we're gonna have to start going after the
[14:22.040 --> 14:29.600]  judges right right well I dropped you an email on that and when I told I told him to go to
[14:29.600 --> 14:35.000]  the courthouse and get all his court papers told him to make sure that they verified that
[14:35.000 --> 14:39.880]  they were all there and writing before he left too so that way we'll we'll zing him
[14:39.880 --> 14:46.000]  if anything's missing good but certified copy anyway keep up the good work if that Gary
[14:46.000 --> 14:53.320]  guy wants to contact me too I'd like he might have some case law for me I lost a bunch of
[14:53.320 --> 15:03.240]  my emails once and that was my biggest concern that I lost all of his because I had so much
[15:03.240 --> 15:08.460]  good case law I've got a I keep a folder and put all of this stuff in it because a lot
[15:08.460 --> 15:13.560]  of times I don't have time to get to it but it's a great research material and then when
[15:13.560 --> 15:19.240]  I get time I go in and start pulling them out and dropping them in my my research folder
[15:19.240 --> 15:24.640]  under under topics and I hated most of all losing the stuff he had sent me for the last
[15:24.640 --> 15:31.360]  couple years all right yeah well I sent an email a couple minutes ago to you about this
[15:31.360 --> 15:36.640]  and I'm gonna start working up bar grievances and judicial complaints and I just wanted
[15:36.640 --> 15:44.360]  to have you have a look at it to see the best plan of attack for it that's all I got thanks
[15:44.360 --> 15:51.040]  a lot okay okay thanks Mark you're welcome okay okay we got about seven more callers
[15:51.040 --> 15:57.360]  on the line just barely enough to have one segment apiece and Mitchell Mitchell from
[15:57.360 --> 16:02.560]  Texas he was up next Mitchell if you're out there listening please call back in and we'll
[16:02.560 --> 16:09.040]  put you up next in line one of our favorite callers always brings up excellent points
[16:09.040 --> 16:18.480]  excellent topics thoughtful consideration all right we're gonna go now to Randy in Texas
[16:18.480 --> 16:24.920]  we're just about to go to break Randy I you know it's funny y'all we're talking about
[16:24.920 --> 16:30.480]  a bunch of stuff and y'all we're talking about the unauthorized practice of law so I wanted
[16:30.480 --> 16:36.400]  to bring that up based on that so okay all right hold that thought unauthorized practice
[16:36.400 --> 16:40.880]  of law we're gonna we're gonna go to that topic as soon as we get back on the other
[16:40.880 --> 16:49.680]  side we've got Sam Paula John from Florida John from Kansas best caller sorry we're getting
[16:49.680 --> 16:54.960]  to y'all as fast as we can and Mitchell again please call back in we'll put you right up
[16:54.960 --> 17:03.040]  next we'll be right back you feel tired when talking about important topics like money
[17:03.040 --> 17:08.120]  and politics are you confused by words like the Constitution or the Federal Reserve what
[17:08.120 --> 17:13.960]  if so you may be diagnosed with the deadliest disease known today stupidity hi my name is
[17:13.960 --> 17:18.640]  Steve Holt and like millions of other Americans I was diagnosed with stupidity at an early
[17:18.640 --> 17:23.240]  age I had no idea that the number one cause of the disease is found in almost every home
[17:23.240 --> 17:29.000]  in America the television unfortunately that puts most Americans at risk of catching stupidity
[17:29.000 --> 17:33.320]  but there is hope the staff at brave new books have helped me and thousands of other fox
[17:33.320 --> 17:38.120]  aholic suffering from sports zombie ism recover and because of brave new books I now enjoy
[17:38.120 --> 17:43.440]  reading and watching educational documentaries without feeling tired or uninterested so if
[17:43.440 --> 17:50.980]  you or anybody you know suffers from stupidity then you need to call 512-480-2503 or visit
[17:50.980 --> 17:55.960]  them in 1904 Guadalupe or brave new bookstore calm side effects from using brave new books
[17:55.960 --> 17:59.320]  products may include discernment and enlarged vocabulary and an overall increase in mental
[17:59.320 --> 18:07.320]  functioning well don't let nothing get to you only the father can deliver you so don't
[18:07.320 --> 18:17.120]  let bad mind people hurt you until Satan get behind you know what I mean my friend knowledge
[18:17.120 --> 18:26.120]  of children come home trust in God my friend tell him your problem then call on his name
[18:26.120 --> 18:34.120]  once again maybe God you know he will say it trust in God my friend tell him your problem
[18:34.120 --> 18:43.120]  then call on his name once again maybe God you know he will say it he is my king man
[18:43.120 --> 18:51.120]  he is everything he is everything to me that's why I call him I pray to him because he is
[18:51.120 --> 18:59.680]  the only one who could answer him all right trust in God my friends tell him your problems
[18:59.680 --> 19:07.840]  then call on his name once again miracles you know he worked them all right we are going
[19:07.840 --> 19:16.000]  back to Randy from Texas okay go ahead Randy well on the unauthorized practice of law one
[19:16.000 --> 19:24.600]  of the questions I had is the property damage portion of this considered a tort well yeah
[19:24.600 --> 19:29.040]  it's anything dealing with a civil tort you can't take money for it that's what the law
[19:29.040 --> 19:34.600]  is speaking to there okay and then I have a family member who's an attorney and I've
[19:34.600 --> 19:39.680]  asked them about the licensing and you know the only thing they talk about is the state
[19:39.680 --> 19:49.500]  bar so if that's the case that's not the case people I'm sorry that's not the case the bar
[19:49.500 --> 19:56.680]  is not the license the law is very specific about that the license is something I understand
[19:56.680 --> 20:02.440]  I understand so okay couldn't we go after all the attorneys in the state because they're
[20:02.440 --> 20:10.280]  falling in exactly the gang act what's that called in the penal code organized criminal
[20:10.280 --> 20:17.480]  activity criminal street gangs criminal street gang that have to be wearing insignia or similar
[20:17.480 --> 20:23.720]  uniforms and such that would be the police don't they wear a tie in the suit in the court
[20:23.720 --> 20:28.940]  yeah but they don't normally match yeah matching insignia yeah but you could also confuse them
[20:28.940 --> 20:36.760]  for insurance salesman yeah or mortuary folks you know but it seems like to me that they're
[20:36.760 --> 20:42.760]  operating in congress so that they could fall under that some way well the organized criminal
[20:42.760 --> 20:49.880]  activity part yes criminal street gang no right well I wasn't going to the criminal street
[20:49.880 --> 20:56.200]  gang I was going toward the organized crime yeah yeah and then they're doing that anyway
[20:56.200 --> 21:03.000]  because they've created a state monopoly which is forbidden in the state constitution so
[21:03.000 --> 21:10.520]  they're operating an illegal monopoly it looks like based on this 38 123 that any of us could
[21:10.520 --> 21:15.640]  actually go and represent somebody and in a criminal case you are correct and we could
[21:15.640 --> 21:21.200]  do it in a civil case if we're not taking money for it okay I have never heard of anyone
[21:21.200 --> 21:27.920]  actually prosecuted under this statute they charged Robert Fox with it but refused to
[21:27.920 --> 21:34.400]  prosecute because they know for certain this would never even come close to prosecution
[21:34.400 --> 21:40.760]  to constitutional muster oh well now there is a judge Randy in Texas that did try he
[21:40.760 --> 21:49.240]  actually the Intuit software folks when they created the Intuit lawyer software the judge
[21:49.240 --> 21:53.480]  tried to make a rule where they were forbidden to sell it in the state of Texas because he
[21:53.480 --> 21:58.360]  considered it the unlicensed practice of law yeah okay you're right I do remember that
[21:58.360 --> 22:06.360]  they should have chart challenged the statute then for being unconstitutional well one of
[22:06.360 --> 22:11.360]  the things that you know you guys know I'm a realtor so one of the things that I find
[22:11.360 --> 22:16.400]  fascinating about this is that there is this huge thing out there as a realtor that you've
[22:16.400 --> 22:24.600]  got to use these promulgated forms and everybody that practices in real estate is terrified
[22:24.600 --> 22:32.160]  of practicing law and that would be what this falls under but it seems to me that it doesn't
[22:32.160 --> 22:40.360]  apply at all no not unless you're giving legal advice or taking a cut of somebody's settlement
[22:40.360 --> 22:48.320]  regarding a tort now here's the problem with that you are required to know the law not
[22:48.320 --> 22:55.160]  knowing the law it's not an excuse but you can't tell anybody about law nobody can tell
[22:55.160 --> 23:01.480]  you about law or they'll be arrested for a felony what is wrong with this it's only a
[23:01.480 --> 23:05.920]  felony if you've already been convicted of it once otherwise the class a misdemeanor
[23:05.920 --> 23:13.040]  oh cool that makes me feel better somebody in a cause of action for property damages
[23:13.040 --> 23:21.600]  or personal injury I mean if you're taking it if you're helping them with it for the
[23:21.600 --> 23:28.600]  purpose of monetary gain that's right in the very first sentence right but it says for
[23:28.600 --> 23:35.360]  personal causes of action for property damages or personal injury or for making claims of
[23:35.360 --> 23:43.480]  personal injury or property damages or advises for personal injury and property damages a
[23:43.480 --> 23:50.800]  person commits an offense if with intent to obtain an economic benefit for himself or
[23:50.800 --> 23:58.600]  herself the person does these things right now how is a real estate transaction causes
[23:58.600 --> 24:06.360]  of action for personal property damages or personal injury it's not it's not that's what
[24:06.360 --> 24:13.760]  I'm saying they're sitting there holding out a big stick over one's head saying you better
[24:13.760 --> 24:21.720]  not change that contract but the whole thing is predicated on the fact that you're actually
[24:21.720 --> 24:30.080]  working on personal injury or property damages correct right correct that would appear to
[24:30.080 --> 24:35.040]  be exactly what the statute speaks to the second thing you guys were talking about was
[24:35.040 --> 24:43.960]  how can they go after you for a crime that hasn't been committed well what about DWI's
[24:43.960 --> 24:50.840]  all traffic offenses and drug crimes I mean unless you came to the seminar they can't
[24:50.840 --> 24:58.400]  do that either well I know but I'm just saying it just strikes me as very odd that somebody
[24:58.400 --> 25:12.280]  hasn't used that court case the Supreme Court case to defend against all of well I don't
[25:12.280 --> 25:19.440]  see I don't see how DWI would fall into that category I mean if the law says that you can't
[25:19.440 --> 25:28.200]  drive with a blood alcohol level under over a certain amount and you're over that certain
[25:28.200 --> 25:34.360]  amount there's no preemptive anything there I mean but the way we shoot that down is with
[25:34.360 --> 25:38.680]  the commercial aspect with what Eddie was teaching well I can see it's a regulation
[25:38.680 --> 25:43.800]  but how can it be a crime it might be a civil action but it's not a crime because no one
[25:43.800 --> 25:50.040]  has been for it right well see they like to call it a crime because that gives the lower
[25:50.040 --> 25:56.440]  courts the jurisdiction over it but the problem they have is that if you can claim the lower
[25:56.440 --> 26:02.360]  court has no jurisdiction because of the Administrative Procedures Act and the department that regulates
[26:02.360 --> 26:07.560]  the section of law is governed by the Administrative Procedures Act they're going to have a very
[26:07.560 --> 26:14.600]  tough time stating for a fact they're charged you with a crime and not a civil action yeah
[26:14.600 --> 26:18.640]  we're going to have to argue on law like that we we're not going to we're not going to win
[26:18.640 --> 26:22.540]  in court with these libertarian arguments that a crime hasn't been committed unless
[26:22.540 --> 26:27.480]  there's been harm caused I mean we all know that in an ethereal sense in our hearts but
[26:27.480 --> 26:33.200]  that's not going to win in court but Randy Randy wait a minute I wanted to ask you something
[26:33.200 --> 26:38.520]  since you're involved in the real estate industry just a brief change of subject here we've
[26:38.520 --> 26:44.240]  been suspecting for a long time that the Travis County Appraisal District is committing fraud
[26:44.240 --> 26:50.160]  with their appraisals because they secretly have access to the MSL listings that only
[26:50.160 --> 26:54.160]  real estate agents MLS and I'm sorry the MLS listings that only real estate agents supposed
[26:54.160 --> 27:04.280]  to have do you know or do you think that you could possibly show in any way that the appraisal
[27:04.280 --> 27:11.600]  district is actually accessing these listings well I don't know if I could show it but if
[27:11.600 --> 27:16.960]  you can prove that then I'll be happy to sue the living bejesus out of them because I pay
[27:16.960 --> 27:25.680]  a lot of money to keep that information you know inside my let's call it the guild you
[27:25.680 --> 27:31.600]  know and then the whole reason why you're in the Board of Realtors is because you have
[27:31.600 --> 27:39.680]  access to information that's proprietary which is what does it cost to sell and buy a house
[27:39.680 --> 27:47.200]  and other than that there's really no good reason to be in any of it you know it'd be
[27:47.200 --> 27:53.960]  difficult if you didn't have it because it would not be there for the people to use so
[27:53.960 --> 27:59.440]  if you like if you're in residential it's very simple to get in a number on most property
[27:59.440 --> 28:03.720]  if you're commercial it's extremely difficult because those transactions are kept pretty
[28:03.720 --> 28:11.520]  well under the radar on purpose and so it's a totally different world so it's a lot more
[28:11.520 --> 28:16.440]  difficult in the commercial realm to get an evaluation on properties because that stuff
[28:16.440 --> 28:23.760]  is just not put in a venue where people can get at it but it's never put in the public
[28:23.760 --> 28:29.320]  venue because it's private information yes so how do they know how do they find out how
[28:29.320 --> 28:33.800]  they do these appraisals because the sale prices are not a public record that's why
[28:33.800 --> 28:38.840]  we've always suspected that they have access to these listings i'm not sure that they have
[28:38.840 --> 28:44.840]  that they do have access to everything like the the deeds of trust and the mortgage amounts
[28:44.840 --> 28:50.320]  and things like that and i'm sure they do have a backdoor way to get it and you got
[28:50.320 --> 28:57.160]  to remember something too what's interesting to me is when you go into an appraisal when
[28:57.160 --> 29:03.200]  you go into a protest and appraisal you're going to get an appraiser from the district
[29:03.200 --> 29:07.400]  and you're going to have the the clowns that they bring out the the people that are just
[29:07.400 --> 29:13.080]  getting paid to sit there and and make a decision on this that's their kangaroo court to your
[29:13.080 --> 29:18.200]  first thing before you ever go to a real court and these are just you know a couple three
[29:18.200 --> 29:24.320]  people or four people that don't they're just average joes getting a paycheck to come in
[29:24.320 --> 29:31.200]  and and handle these uh what do you call it uh hearings but the appraiser comes in and
[29:31.200 --> 29:36.880]  the appraisers testifying to what's going on and and the problem is is that they didn't
[29:36.880 --> 29:41.920]  do the appraisal i know that's the whole thing listen randy we we need to move on because
[29:41.920 --> 29:48.480]  we've got a ton of callers on the line um i want to i want to talk happy to talk about
[29:48.480 --> 29:52.640]  this more yeah we need to we need to talk about this some more on another show uh this
[29:52.640 --> 29:58.480]  whole thing about the appraisal district here and yeah go take your dog for a walk neighbor neighbor
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[31:22.800 --> 31:25.440]  yeah
[31:31.520 --> 31:39.440]  i won't let you pull the wool over my eyes
[31:39.440 --> 31:48.240]  they must refuse your news all soaked up in lies it seems you like the fact
[31:48.240 --> 32:12.080]  that but please take some words to the wise please stop trying to pull the wool over my eyes
[32:18.240 --> 32:28.080]  so
[32:32.320 --> 32:38.080]  an orange is an orange and will never be an apple
[32:38.080 --> 32:52.720]  okay we are back and mitchell has called back in a longtime listener a good friend of ours
[32:52.720 --> 32:58.720]  longtime supporter always has good comments and brings up excellent points mitchell thanks for
[32:58.720 --> 33:04.480]  calling back in so what is your comment tonight thanks for inviting me to call back ever i i just
[33:04.480 --> 33:12.400]  had a battery issue and i may drop off um and uh if so i'll listen out there um i've got a follow
[33:12.400 --> 33:17.920]  up question from yesterday i didn't really structure my question correctly yesterday um
[33:18.640 --> 33:26.560]  and more what i was getting at remember i asked about um federal jurisdiction and whether a judge
[33:26.560 --> 33:33.200]  can a state judge can say it's not under federal jurisdiction or it is under federal jurisdiction
[33:33.200 --> 33:40.400]  and booted up um because i was following up on what randy was saying about your case and i don't
[33:40.400 --> 33:47.360]  want to ask about that case specifically but my specific question now is if a grand jury a state
[33:47.360 --> 33:55.680]  grand jury indict someone hands down an indictment under a violation of a state penal code law
[33:56.240 --> 34:02.160]  in this case as an example saying an individual who so happens to work for the federal government
[34:02.160 --> 34:10.640]  but that's not really an issue but that person is violating this penal code law about not um not
[34:10.640 --> 34:19.040]  restricting anyone in their rights or privileges can a judge then boot that out and say well this
[34:19.040 --> 34:24.560]  isn't under my jurisdiction essentially what i'm asking is can a grand jury say yes we believe
[34:24.560 --> 34:31.360]  this is a violation of state law and then once it gets handed down and and brought into court
[34:31.360 --> 34:36.880]  it seems to me like a judge would not be able to throw it out and boot it up to federal
[34:39.520 --> 34:49.360]  okay there's two answers to this there's yes and no under law i do have the case law that
[34:49.360 --> 34:55.440]  that very clearly states that if a federal official violates a state law he's subject
[34:55.440 --> 35:05.520]  to the state law however the feds never let that happen if they can avoid it they always want to
[35:05.520 --> 35:09.920]  drag them up to the to the federal court and then claim in the federal court they don't have
[35:09.920 --> 35:16.320]  jurisdiction and then dismiss but but if you have a grand jury handed down and say yes we believe
[35:16.320 --> 35:22.560]  this is a violation of state law then could you not go after a judge who then ignores that grand
[35:22.560 --> 35:28.320]  jury essentially their exact grand jury order wait can i can i say something here randy and maybe
[35:28.320 --> 35:35.200]  you could comment on this uh because we've talked about this uh before on the show and there seems
[35:35.200 --> 35:42.560]  to be two separate issues as to whether or not the alleged incident took place while the federal
[35:42.560 --> 35:51.520]  agent was purportedly acting in his capacity or her capacity as a federal agent or not and uh case
[35:51.520 --> 36:00.960]  in point uh we've brought up this irs agent issue where this woman in philadelphia threatened a
[36:00.960 --> 36:07.360]  landlord with an irs audit when they were in a dispute she was not acting in her capacity
[36:07.920 --> 36:14.720]  the state had jurisdiction she got indicted by the state and she ended up going to state penitentiary
[36:14.720 --> 36:23.200]  however randy weaver randy weaver weaver case uh the attorney general in that state tried to
[36:23.200 --> 36:30.000]  prosecute the federal agents and the fed said no way and they took up the jurisdiction in federal
[36:30.000 --> 36:38.000]  court because those federal agents were acting in the line of duty on the job as federal agents so
[36:38.000 --> 36:44.320]  it's like randy says it's yes or no is that right randy am i getting that right that that's dead on
[36:44.320 --> 36:53.520]  that's the problem and we will maintain that uh since this particular agent did not have an oath
[36:53.520 --> 37:00.560]  of office he could not be acting within scope there was no scope but the feds are going to try
[37:00.560 --> 37:07.520]  to pull it out anyway and they're going to try to protect it that's what they do and the primary
[37:07.520 --> 37:15.840]  maneuver they use if you get a indictment or you get a prosecution in a state court they pull it up
[37:15.840 --> 37:22.800]  to federal claim that the federal fed has authority to adjudicate and they have authority to adjudicate
[37:22.800 --> 37:28.720]  the state crime once it's pulled up to federal and then they dismiss for lack of subject matter
[37:28.720 --> 37:37.840]  jurisdiction and what we need to do then is go after the federal judge in the state
[37:39.440 --> 37:45.600]  if he didn't have subject matter jurisdiction it was his duty to determine that before he
[37:45.600 --> 37:55.120]  entered before he preempted state law so we charge him in the state he can't and once he rules no
[37:55.120 --> 38:01.360]  subject matter jurisdiction he opens the door for us to come after him yeah see that's what
[38:01.360 --> 38:09.760]  i was thinking too uh like just and for example what happened today it's not really the state
[38:09.760 --> 38:16.880]  judge's fault or or anything if the feds grab up jurisdiction or like what happened today
[38:16.880 --> 38:21.120]  uh you know he just didn't want to put his hands on it is totally understandable
[38:21.120 --> 38:28.000]  all right uh it's the federal judge that's the problem yeah the federal judge and if we can get
[38:28.000 --> 38:36.960]  a shot at them and this is appropriate because it it is the place of the judge to determine
[38:36.960 --> 38:43.600]  before he does anything in a case whether or not he has subject matter jurisdiction that was the
[38:43.600 --> 38:49.120]  point of suing the justice the magistrate i mean justice of the peace here in travis county
[38:49.120 --> 38:55.920]  he said well it's not my place to determine subject matter jurisdiction of course it's your place
[38:57.120 --> 39:04.800]  before you purport to exercise an authority you need to make sure you have it federal judge same
[39:04.800 --> 39:11.120]  position because if you don't have it you're vulnerable and and state judges too that's why
[39:11.120 --> 39:16.080]  i totally understand the judge's ruling today he didn't want him he did not want to sign the
[39:16.080 --> 39:22.640]  order without a u.s. attorney present and that's totally understandable because he wanted he wanted
[39:22.640 --> 39:29.840]  to make sure that he wasn't overstepping the bounds of his jurisdiction and and the judge
[39:29.840 --> 39:36.080]  the way he looked at me he knew exactly what we were doing what and he was kind of cool about it
[39:36.080 --> 39:45.760]  he knew that we came to this court so that we could get the pleading filed and not
[39:45.760 --> 39:50.720]  notice every let everybody know that that we really are coming after them we're not just
[39:50.720 --> 39:57.440]  huffing and puffing and he he pretty well knew that just what we had done would be sufficient
[39:57.440 --> 40:02.640]  to avoid what we were concerned with what yeah what was your question mitchell mitchell was
[40:02.640 --> 40:08.080]  saying something just now well it seems to me that the state judge should be able to determine
[40:08.080 --> 40:13.440]  whether it's his jurisdiction or not and if there's sort of two things one he should be
[40:13.440 --> 40:19.040]  able to determine that himself and then it seems like you would have some remedy to go after him
[40:19.040 --> 40:25.120]  if he judges that incorrectly but aside from that i guess the specific question i originally
[40:25.120 --> 40:32.240]  had was if a grand jury who really is in some ways above the judge if the grand jury determines
[40:32.240 --> 40:38.400]  that yes a state law has been violated and therefore it is under the jurisdiction of the
[40:38.400 --> 40:48.480]  state what right does the judge have to go against the grand jury well reasonably reasonably we have
[40:48.480 --> 40:57.840]  to give them some leeway because of the the system's not perfect prosecutors go in and lie to grand
[40:57.840 --> 41:10.320]  jurors they present false evidence they present evidence that's just sloppy and there are two
[41:10.320 --> 41:18.800]  randall kelton's in texas if one of the randall kelton's does something illegal and they he gets
[41:18.800 --> 41:25.520]  indicted and they arrest the other randall kelton and that randall kelton can show that the
[41:25.520 --> 41:30.640]  indictment is faulty because of the wrong one the judge really needs authority to throw it out
[41:32.320 --> 41:38.960]  if there's some flaw in getting the indictment the judge needs a certain amount of authority to
[41:38.960 --> 41:46.480]  adjudicate to render a just adjudication i don't know about that well with that said it always
[41:46.480 --> 41:51.600]  opens the door to abuse i don't think you're letting the system play out because once a grand
[41:51.600 --> 41:56.880]  jury who are the citizens you know they're the people there's supposedly as we all think in
[41:56.880 --> 42:02.320]  charge once they render judgment then the system has to continue and if someone wants to make the
[42:02.320 --> 42:09.360]  argument during the trial if the defense attorney wants to make the argument that it's not under
[42:09.360 --> 42:15.200]  state jurisdiction then he can do so and a jury can then determine it yeah i agree i agree okay
[42:15.200 --> 42:25.840]  that can't happen that's not how it in law you don't bring a motion to on the matter of federal
[42:25.840 --> 42:30.640]  or state jurisdiction well see wait a minute hold on i i think i see i think i see where mitchell
[42:30.640 --> 42:37.520]  is coming from if we want to take the example from today uh we were not dealing in the criminal
[42:37.520 --> 42:46.640]  realm at all today okay we have not even begun to address the criminal infractions that have taken
[42:46.640 --> 42:53.200]  place regarding this particular fcc agent if you even want to call him that okay this we're strictly
[42:53.200 --> 42:58.880]  dealing on the civil realm right now so the grand jury is not even it has not even entered the
[42:58.880 --> 43:04.800]  picture yet this is this is strictly on the civil realm where where we were petitioning for
[43:04.800 --> 43:12.240]  injunctive relief a restraining order a protective order this has nothing to do with uh with a
[43:12.240 --> 43:18.400]  criminal accusations yet whatsoever we haven't even gotten there yet but i have to agree that
[43:18.400 --> 43:24.400]  that if we can show that there has been state laws broken by this agent but again because of
[43:24.400 --> 43:30.240]  the randy weaver case we would have to show that this person individual whatever you want to call
[43:30.240 --> 43:38.480]  him human was acting not in the capacity in order to uh maintain the jurisdiction of the state
[43:39.440 --> 43:43.600]  otherwise the feds are gonna are gonna grab it up they won't let the the district attorney or the
[43:43.600 --> 43:49.920]  attorney general of the state prosecute the case real quick but that's what the the state law says
[43:49.920 --> 43:55.680]  any public official it doesn't say a state public official okay hold on hold on hold that thought
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[45:22.800 --> 45:27.440]  okay mitchell very good point as usual you always bring up good points
[45:28.480 --> 45:37.440]  um and i as i was saying on the break to these guys randy weaver case aside if if a federal
[45:37.440 --> 45:41.440]  agent or purported federal agent broke a state law they broke a state law and you're right the
[45:41.440 --> 45:48.160]  statute says you know an official violating a law relating to their office and the feds are going
[45:48.160 --> 45:54.400]  to try to grab up the jurisdiction especially if if uh the alleged activity occurred while they
[45:54.400 --> 46:05.280]  were in the alleged line of duty but so what what if the state still says no they broke a state law
[46:05.840 --> 46:12.800]  what then and eddie you were saying the problem is the states just roll over they won't say no
[46:12.800 --> 46:20.720]  right exactly yeah and we're going to try to keep them from rolling over right and that's a
[46:20.720 --> 46:25.440]  different issue that's like a practical side and that needs to be looked at too of course but i'm
[46:25.440 --> 46:30.400]  just you know you always start these arguments from the theoretical um you know what should be
[46:30.400 --> 46:35.440]  and then you sort of work out our mayor and so that's just what i want to establish are we
[46:35.440 --> 46:41.840]  essentially in the right we say well clearly this is not a state i mean this is not a federal
[46:41.840 --> 46:47.680]  issue so once we have that sort of established then we can start working and that's why i sort
[46:47.680 --> 46:52.560]  of interested about the grand jury and why i asked that question specifically if a grand jury
[46:53.200 --> 46:59.360]  hands down the indictment what right does the judge have to say no i know better than the people
[46:59.360 --> 47:05.760]  i know better than the jury no he can't really preempt the grand jury unless there's a
[47:05.760 --> 47:13.600]  a fatal legal flaw and then it's his duty to rule and that's the only time
[47:14.880 --> 47:22.640]  but as to the probable cause the judge has no authority to make a ruling on probable cause
[47:22.640 --> 47:29.680]  that's what the grand jury does and its decision in that regard stands absent the presence of
[47:29.680 --> 47:36.480]  information not available to the grand jury that is so compelling that a reasonable person of
[47:36.480 --> 47:44.480]  ordinary prudence you know like if i can prove that at the time this i'm accused of having done
[47:44.480 --> 47:55.280]  this i was in jail in houston so it's absolutely physically impossible then in the interest of
[47:55.280 --> 48:03.280]  justice the judge would have a duty to dismiss the indictment but it wouldn't preclude the
[48:03.280 --> 48:09.680]  grand jury from re-inditing me if they found out that all the evidence that i brought that
[48:09.680 --> 48:17.200]  was supposed to be conclusive was really bogus they could still re-indict and that's i mean this
[48:17.200 --> 48:21.600]  whole approach is sort of where i was coming from i know and deborah you clarified this couple minutes
[48:21.600 --> 48:26.560]  so you said well what you brought was initially a civil suit and i had missed that when you
[48:26.560 --> 48:31.440]  brought it up yesterday so essentially what i'm saying is if that did happen that a judge booted
[48:31.440 --> 48:38.640]  it out maybe another option is to go for the criminal first and go to a grand jury presented
[48:38.640 --> 48:44.320]  to grand jury and then once the grand jury agrees with you that's why i was asking the question well
[48:44.320 --> 48:52.320]  does the judge have any right after that to to not hear the case okay michael michael in theory
[48:53.280 --> 49:00.640]  that is a reasonable strategy but in practicality the situation at hand there's no time for that
[49:00.640 --> 49:08.000]  people are in danger of their lives people are in danger of losing everything they own there's no
[49:08.000 --> 49:15.280]  time for that okay we needed to get a civil injunction restraining order protective order
[49:15.280 --> 49:20.720]  because these are rogue federal agents they're wild cards they're loose loose cannons who knows
[49:20.720 --> 49:26.320]  what they're going to do and uh the way they act and behave they could just bust in somebody's
[49:26.320 --> 49:31.600]  door any minute and take everything they own and so there's no time to go through those types of
[49:31.600 --> 49:38.240]  procedures so that we had to file for a protective restraining order as soon as possible and believe
[49:38.240 --> 49:44.720]  me we wanted to do it a week and a half ago but it took this long to get all that in place and
[49:46.240 --> 49:51.120]  and i understand all that and and i'm not i guess what i was doing was not really suggesting an
[49:51.120 --> 49:58.160]  alternate method for you but because your show is you know an education show um in part um my
[49:58.160 --> 50:03.920]  original thought was well if we did have all the benefits of time and money and that kind of thing
[50:03.920 --> 50:09.440]  would this potentially play out because there's other applications like when gary was talking
[50:09.440 --> 50:15.200]  about the irs before and have some of them are acting out of their jurisdiction well this same
[50:15.200 --> 50:21.040]  scenario may be able to be applied in a situation like that where if you're being tormented by the
[50:21.040 --> 50:27.840]  irs then you could bring the initial complaint as a as a uh a grand jury indictment against
[50:27.840 --> 50:36.400]  a rogue officer of a rogue individual okay that is perfect you got it i was asking more from a
[50:36.400 --> 50:44.640]  theoretical what could we do if we had the benefit of time standpoint this is okay in an irs case
[50:44.640 --> 50:52.960]  this is exactly what i've been suggesting people do but in an irs case you have a civil action going
[50:52.960 --> 51:02.800]  on and the agent has created lots of tort action for you to go after him with and and what i what
[51:02.800 --> 51:08.560]  i was going to say before you started and you kind of led me to this is this is about strategy
[51:09.440 --> 51:16.640]  which is best and and you framed it perfectly because using the irs in our case we don't have
[51:16.640 --> 51:22.640]  much civil action yet you mean we don't have much we haven't done criminal action yet no
[51:22.640 --> 51:28.640]  we could file criminally because we have reason to believe that he has no proper oath of office
[51:29.440 --> 51:39.920]  but it'll be better if we go use the civil civil to develop a lot of answers and we find out if he
[51:39.920 --> 51:52.800]  gets a commission on the money that he uh the waivers the the the forfeitures if he gets a
[51:52.800 --> 52:00.160]  percentage of the forfeitures and we develop that in the civil we can bring that back with the
[52:00.160 --> 52:06.960]  the criminal and clobber me especially when i look at his the cases he's handled and see how many
[52:06.960 --> 52:15.840]  times he has ruled not to forfeit if he gets paid at all i bet we'll find none oh wait a minute but
[52:15.840 --> 52:22.800]  see what mitchell what i think mitchell is saying is to try to keep it in the state venue to nail
[52:23.600 --> 52:29.440]  to nail him with a state grand jury on a state crime to keep it in the state venue
[52:29.440 --> 52:36.960]  but see like what our guest was talking about last week uh with civil he was mostly advocating
[52:36.960 --> 52:41.920]  to go the civil route first and then the criminal because if you go the civil route first you can
[52:41.920 --> 52:48.240]  use discovery all right to to enable these things and so i just i just thought of something randy
[52:48.240 --> 52:53.920]  mitchell eddie what do y'all think about this even okay if you say for example in this case
[52:53.920 --> 52:59.680]  case or another similar case you go the civil route first uh okay because there's no there's
[52:59.680 --> 53:04.880]  no time or whatever the reason is go civil route first use discovery even if they bring it up to
[53:04.880 --> 53:11.040]  the federal just jurisdiction who cares you still have the power of discovery and subpoena so you
[53:11.040 --> 53:16.960]  gather all the information you need to build your criminal case then you go back and then you nail
[53:16.960 --> 53:25.760]  him in the state court criminally that that was exactly my point uh it was about strategy we
[53:25.760 --> 53:32.800]  really weren't ready to go after him criminally no if we go in civil and establish that in fact
[53:32.800 --> 53:40.320]  he didn't have a proper oath of office then it's now we've got all we need especially if we can
[53:40.320 --> 53:47.120]  get the court to rule that if the court rules that he was acting he hadn't met the requirements
[53:47.120 --> 53:53.360]  of his position so he didn't have subject manager he didn't have a oath so therefore he wasn't an
[53:53.360 --> 53:59.200]  officer he's dog meat yeah well i've already come back to the state and go after him big time
[53:59.200 --> 54:05.280]  i've already got the foyer with the letter hand signed by his supervisor and and listen people i
[54:05.280 --> 54:12.480]  got to tell you this is hilarious when i got the fedex on this guy's supposed oath of office okay
[54:12.480 --> 54:20.080]  it's his signature and then some of the guy's signature no date no notary and there's another
[54:20.080 --> 54:27.280]  place for a date uh to show uh when he took his position if that's not even there i mean
[54:27.280 --> 54:35.040]  uh listen i could literally smell the wet ink okay like they just made it up yesterday
[54:37.040 --> 54:42.720]  and the way we with with discovery we can establish this because we can go in and ask
[54:42.720 --> 54:48.240]  for everybody's oath of office i already did i sent the foyer off today and i also foyered
[54:48.240 --> 54:54.480]  all of their personnel files every single one of them and i and i said in my foyer letter that i
[54:54.480 --> 54:59.600]  understand that there's going to be personal sensitive information that will need to be
[54:59.600 --> 55:05.760]  blacked out that's understandable i said but i still want every single document that is
[55:05.760 --> 55:12.240]  available under foyer even if it's blacked out i foyered like like four of them's uh personal
[55:12.240 --> 55:18.800]  files today and and more oaths of office i'm not playing games with these people man yeah and i
[55:18.800 --> 55:25.840]  want to find out others who work for the department even that have nothing to do with us and foyer
[55:25.840 --> 55:32.000]  their information so i can see what kind of information shows up i want to see the oaths
[55:32.000 --> 55:36.960]  for a number of these people and anybody who is in houston or the houston area and i'm sorry i
[55:36.960 --> 55:41.600]  should have mentioned this earlier and i'm going to mention it again on the upcoming shows and later
[55:41.600 --> 55:53.760]  on anybody who's in houston if you could please go by 95 97 jones road number 362 houston texas
[55:53.760 --> 56:03.280]  77065 and if you could please determine for me if that is a po box at the mailboxes etc at that
[56:03.280 --> 56:10.080]  corner of the strip mall or if it's actually an office in the strip mall because i've looked at
[56:10.080 --> 56:19.920]  the at the satellite image and there is a strip mall center but i'm sorry 362 i don't think there's
[56:19.920 --> 56:29.440]  300 something offices uh in that strip mall where we we likely think that it is a po box and i'll
[56:29.440 --> 56:38.000]  tell you what if that address is a po box and a mailboxes etc these guys have a real problem
[56:38.000 --> 56:44.160]  because when that constable shows up he ain't going to be happy at all and it's going to launch an
[56:44.160 --> 56:47.760]  investigation by the attorney general all right we're not playing games with these people so
[56:47.760 --> 56:53.920]  anyone in houston please if you could go by 95 97 jones road number 362 if it is a legitimate
[56:53.920 --> 56:59.680]  office please don't harass these people that are there i just want to know it's really a po box or
[56:59.680 --> 57:04.320]  if it's actually an office hey y'all are doing great i got the jump off though i'll listen
[57:04.320 --> 57:10.880]  to the rest when i get home all right thank you have a good night and and yes we want to use the
[57:11.520 --> 57:18.000]  the discovery uh i want to see all of their the os because this one looks like it's made up and
[57:18.000 --> 57:26.880]  if in fact they did make it up why that's a felony in texas and if we asked for a bunch more now
[57:26.880 --> 57:34.400]  they're stuck with the problem of fabricating a bunch more each each fabrication being a felony
[57:36.160 --> 57:43.520]  and if something can come out it will come out they just have to figure that because that's how
[57:43.520 --> 57:53.440]  it works so whoever's fumbling around making up these ignorant os as the pressure builds
[57:53.440 --> 58:00.240]  uh somebody let that cat out of the bag and when it does their whole house of cards starts coming
[58:00.240 --> 58:07.120]  apart okay well listen uh we're at the top of the hour break we got sam paula john in florida john
[58:07.120 --> 58:14.560]  kansas steve in montana jean wisconsin david from austin we love all of y'all uh thank you for waiting
[58:14.560 --> 58:22.240]  so patiently and we will go as long as we need to go to take all the calls so just hang on the line
[58:22.240 --> 58:27.680]  if you're running out of battery on the cell phone call back and we'll put you back up in the queue
[58:28.480 --> 58:33.680]  we'll be right back after this news break i n n world report go to i n n world report
[58:33.680 --> 58:50.160]  visit tom keiley's show we'll be right back
[59:03.680 --> 59:10.160]  so
[59:33.680 --> 01:00:02.400]  this news brief brought to you by the
[01:00:02.400 --> 01:00:07.300]  International News Net. An investigation by the Huffington Post has found the
[01:00:07.300 --> 01:00:11.560]  Federal Reserve so thoroughly dominates the field of economics through its
[01:00:11.560 --> 01:00:17.080]  network of consultants, visiting scholars, alumni and staff economists that
[01:00:17.080 --> 01:00:22.880]  criticism of the bank becomes a career liability. Vietnam War veteran Thomas
[01:00:22.880 --> 01:00:26.960]  Mahaney has been on a hunger strike in front of the White House since Veterans
[01:00:26.960 --> 01:00:31.560]  Day to raise awareness about post-traumatic stress disorder and protest
[01:00:31.560 --> 01:00:36.680]  the wars in Iraq and Afghanistan. According to a new report prepared by
[01:00:36.680 --> 01:00:40.760]  Neil Barofsky, the Special Inspector General for the Troubled Asset Relief
[01:00:40.760 --> 01:00:45.320]  Program, federal government officials were aware that billions of dollars
[01:00:45.320 --> 01:00:50.680]  used to bail out AIG last year were used by the insurance giant to pay off its
[01:00:50.680 --> 01:00:59.400]  creditors. Lynn Stewart, the radical lawyer known for defending unpopular
[01:00:59.400 --> 01:01:04.040]  clients, surrendered Thursday to begin serving a 28-month sentence for
[01:01:04.040 --> 01:01:10.680]  assisting terrorism. A jury in 2005 convicted Ms Stewart, now 70, of providing
[01:01:10.680 --> 01:01:15.160]  material aid to terrorism and of lying to the government while helping an
[01:01:15.160 --> 01:01:20.000]  imprisoned client, Sheikh Omar Adel Rahman, communicate with his followers in
[01:01:20.000 --> 01:01:24.680]  Egypt. The Sheikh, a blind fundamentalist cleric, was serving a life sentence
[01:01:24.680 --> 01:01:30.320]  after his 1995 conviction for organizing a thwarted plot to blow up New York
[01:01:30.320 --> 01:01:34.840]  landmarks. The start of a prison term was put off while she appealed her
[01:01:34.840 --> 01:01:38.880]  conviction and so she could receive treatment for breast cancer. But on
[01:01:38.880 --> 01:01:43.280]  Tuesday, a federal appeals court upheld the verdict and ordered Ms Stewart to
[01:01:43.280 --> 01:01:47.320]  begin serving her sentence. The appellate judges sent the case back to
[01:01:47.320 --> 01:01:51.520]  the trial judge to determine if Ms Stewart deserved a longer sentence in
[01:01:51.520 --> 01:01:56.320]  light of the seriousness of her conduct and the possibility she lied during her
[01:01:56.320 --> 01:02:03.080]  trial. A bill introduced in the Senate Wednesday could see military contractors
[01:02:03.080 --> 01:02:09.400]  in Iraq face justice in US courts in cases involving death, rape or serious
[01:02:09.400 --> 01:02:13.620]  injury. Supporters of the bill hailed it as the end of the Wild West of
[01:02:13.620 --> 01:02:18.040]  government contracting but some legal experts questioned whether the law could
[01:02:18.040 --> 01:02:22.480]  pass constitutional muster. The bill would require foreign companies that
[01:02:22.480 --> 01:02:27.460]  contract with the US military to appear in US court following a death, rape or
[01:02:27.460 --> 01:02:31.560]  serious injury. The inspiration for the law was the case of Army Lieutenant
[01:02:31.560 --> 01:02:37.280]  Colonel Dominic Baragona who died in Iraq in 2003 when a truck belonging to a
[01:02:37.280 --> 01:02:42.760]  Kuwaiti contractor slammed into his Humvee. Baragona's family sued the
[01:02:42.760 --> 01:02:47.140]  contractor Kuwait Gulf and Link Transport. When the contractor didn't
[01:02:47.140 --> 01:02:52.120]  appear in court the judge issued a 4.9 million dollar judgment but the courts
[01:02:52.120 --> 01:02:56.920]  vacated that judgment when the company argued the US didn't have jurisdiction
[01:02:56.920 --> 01:03:20.600]  over the case.
[01:03:56.920 --> 01:04:26.760]  Okay, we will occupy our father's house. Talking about our good Lord Jesus
[01:04:26.760 --> 01:04:32.680]  occupying his house as good stewards the earth until he returns until he comes
[01:04:32.680 --> 01:04:39.040]  back to the earth. We pray that we will be his good stewards, that we will serve
[01:04:39.040 --> 01:04:44.160]  his will. We're doing the best we can in his spirit. All right we're gonna
[01:04:44.160 --> 01:04:51.200]  continue to take your calls. Let's go to Sam in Georgia then we'll go to Paula.
[01:04:51.200 --> 01:04:57.040]  Sam, thanks for calling you. What's on your mind? Good morning. Well good
[01:04:57.040 --> 01:05:02.960]  morning. Why do you know, well it's morning now here. You guys are in Texas
[01:05:02.960 --> 01:05:08.320]  right? You're an hour behind me. But anyway do you know why the lion is the
[01:05:08.320 --> 01:05:15.680]  king of the jungle? Yes I do. Come on Randall, I know you know the answer to this. I
[01:05:15.680 --> 01:05:21.480]  was in Vietnam and I understand fully why the lion is the king of the jungle.
[01:05:21.480 --> 01:05:28.280]  There ain't no tigers in that jungle. That's right. And Debra even though you don't
[01:05:28.280 --> 01:05:33.800]  weigh 650 pounds, my dear you are a tiger in your spirit and that is so
[01:05:33.800 --> 01:05:41.240]  admirable. And I pray for you in your fight against all these fools that you're
[01:05:41.240 --> 01:05:50.200]  filing papers against. I hope you whip their butts. But I just have to tell
[01:05:50.200 --> 01:05:59.040]  you, the more I learn and the more that I am awake, the more sleep I lose.
[01:05:59.040 --> 01:06:07.720]  You know because it's like I feel like, I literally feel like Neo who just woke up
[01:06:07.720 --> 01:06:15.200]  and realized that my entire life was the Matrix. This guy said take the red pill
[01:06:15.200 --> 01:06:20.320]  or the blue pill and that took the wrong one. Now it's too late, I can't turn back.
[01:06:20.320 --> 01:06:30.840]  But you guys, you know you've talked about so many subjects and Gary,
[01:06:30.840 --> 01:06:36.400]  the guy I wish I knew, even though he lives in my same state, I haven't met him
[01:06:36.400 --> 01:06:41.800]  yet but I fully intend to if I have to drive to his house. You know you guys
[01:06:41.800 --> 01:06:49.480]  talked about so many things that I mean it's just like you sit here and you go
[01:06:49.480 --> 01:06:56.320]  we are fighting against, it's almost like fighting an army of pygmies you
[01:06:56.320 --> 01:06:59.920]  know and you punch one in the eye and you turn around there's five more jumping
[01:06:59.920 --> 01:07:07.040]  on you. You know that's how I feel about this this satanic system. It's just so
[01:07:07.040 --> 01:07:11.400]  you know you know what I'm saying, it's disheartening but in the
[01:07:11.400 --> 01:07:16.520]  other sense it's just completely empowering because you know knowledge is
[01:07:16.520 --> 01:07:22.200]  freedom and and I just wanted to give you guys kudos for keeping that
[01:07:22.200 --> 01:07:27.440]  torch of freedom going. You know I get tired of being called Oliver Stone, you
[01:07:27.440 --> 01:07:33.320]  know all my buddies are like yeah you know okay Oliver you know but I
[01:07:33.320 --> 01:07:39.040]  understand and I'm sure you do as well. The prophet cannot preach in his own
[01:07:39.040 --> 01:07:45.040]  land you know it's the hardest thing to do is to make those that you love and
[01:07:45.040 --> 01:07:51.560]  that are part of your family really understand you know where you are and
[01:07:51.560 --> 01:07:58.880]  where you know why you feel like you do because once you become awake and you
[01:07:58.880 --> 01:08:06.360]  realize that everything that we've been taught is indeed wrong. You know much
[01:08:06.360 --> 01:08:11.000]  like the book that I'm reading called don't know much about history and I'm
[01:08:11.000 --> 01:08:16.120]  also reading another one called everything you know is wrong. You realize
[01:08:16.120 --> 01:08:21.720]  wow everything they taught me in school about history and the quote-unquote
[01:08:21.720 --> 01:08:29.160]  Civil War and all these things are just complete BS. It's all this politically
[01:08:29.160 --> 01:08:35.240]  correct polished shiny version of history when in fact the version of
[01:08:35.240 --> 01:08:39.480]  history that they're teaching us is keeping us from learning the real
[01:08:39.480 --> 01:08:47.160]  version of history that we should know as as free I mean you know there's so
[01:08:47.160 --> 01:08:52.800]  many names for it free man on the land you know state nationals on and on but
[01:08:52.800 --> 01:08:59.880]  the bottom line is we're born and endowed with this love for freedom you
[01:08:59.880 --> 01:09:08.240]  know and the system has taught us to accept security in exchange for freedom
[01:09:08.240 --> 01:09:15.080]  and that's not really what our heart tells us but you know like when you're a
[01:09:15.080 --> 01:09:19.040]  kid you go your mom says what do you want to be junior when you grow up and
[01:09:19.040 --> 01:09:22.800]  you go I'm gonna be an astronaut you know and you're five years old and
[01:09:22.800 --> 01:09:27.920]  there's there's nothing in your little mind that it could convince you that
[01:09:27.920 --> 01:09:31.800]  you're not going to be an astronaut when you're grown up and flying through
[01:09:31.800 --> 01:09:39.200]  space like Captain Kirk but as you go through school and you you learn no you
[01:09:39.200 --> 01:09:43.560]  can't do that no you can't do this no that's unrealistic no son you can't oh
[01:09:43.560 --> 01:09:50.960]  son get your head out of the clouds you learn or actually you're taught against
[01:09:50.960 --> 01:09:57.200]  your nature but nevertheless you sort of adopt that false thinking that yeah I
[01:09:57.200 --> 01:10:02.280]  just need to be realistic and just go with the flow and how you know just
[01:10:02.280 --> 01:10:11.320]  don't rock the boat and all that and now thanks to you Randall and Eddie Deborah
[01:10:11.320 --> 01:10:18.560]  the agenda boys and on and on the Alex Jones is all these people you know I
[01:10:18.560 --> 01:10:28.520]  curse you sometimes because wait wait wait Alex yeah yeah yeah yeah you know
[01:10:28.520 --> 01:10:32.880]  you know David Ike and I mean you know I could sit here for another hour the
[01:10:32.880 --> 01:10:41.800]  thing is I'm so awake now that I I just can't possibly I wish I could go back
[01:10:41.800 --> 01:10:49.440]  to sleep I wish in a perverted way I wish I was you know in that ignorance is
[01:10:49.440 --> 01:10:55.800]  bliss state of mind but it's too damn late someone smacked me in the head now
[01:10:55.800 --> 01:11:02.800]  I'm awake you know and now I have this just like I've said before this fire in
[01:11:02.800 --> 01:11:09.440]  my heart and and all I want to do is you know here's the new one I'm putting on
[01:11:09.440 --> 01:11:21.480]  the window of my truck not not wait for it phu q ue big brother how you think
[01:11:21.480 --> 01:11:28.520]  that's gonna go over with the cops when you get stopped call me on your cell
[01:11:28.520 --> 01:11:33.000]  phone I want to listen as they beat you into unconsciousness
[01:11:33.000 --> 01:11:39.920]  oh they're gonna they're gonna they're gonna beat me down but you know what the way I feel look I've
[01:11:39.920 --> 01:11:46.320]  lived now I think I've told you guys I used to be a criminal and I did six years
[01:11:46.320 --> 01:11:54.120]  one month 12 days eight hours 26 minutes in prison give or take a second or two
[01:11:54.120 --> 01:12:01.480]  not only did that teach me that my way of life was unproductive but in that
[01:12:01.480 --> 01:12:09.320]  time I really got to glimpse into the eyes of darkness and evil and I and I
[01:12:09.320 --> 01:12:16.280]  mean that I yeah but it certainly seems to have a major timekeeping acumen much
[01:12:16.280 --> 01:12:25.760]  sharper yes oh yes and let me tell you it has it's about a year before I got out
[01:12:25.760 --> 01:12:30.200]  I took my little black book and flush it down the toilet tore it up flush down
[01:12:30.200 --> 01:12:36.560]  to it because I did not want to even you know I knew that I wanted to be a man of
[01:12:36.560 --> 01:12:41.680]  honor that's just the way it was and I had read several books you know the
[01:12:41.680 --> 01:12:49.160]  Anthony Robbins and Kevin Trudeau types all these motivational guys anyway I
[01:12:49.160 --> 01:12:55.200]  did realize that indeed I was better than that I could be better I could be
[01:12:55.200 --> 01:13:00.920]  a better man and I determined and it really becomes quite simple I am NOT
[01:13:00.920 --> 01:13:05.240]  that guy anymore and I buried that guy in my mind and in my heart and then
[01:13:05.240 --> 01:13:09.360]  it's almost like being baptized you know the spiritual you dunk under the war the
[01:13:09.360 --> 01:13:15.720]  old man's dead the new guy arrives I mentally accepted that the old man was
[01:13:15.720 --> 01:13:21.120]  dead and I wanted to be a better person and I immediately took steps to be that
[01:13:21.120 --> 01:13:29.640]  person and I suppose that's God's way of leading me to my life's course which you
[01:13:29.640 --> 01:13:35.280]  know I'm stumbling across through you guys and others that what I need to do
[01:13:35.280 --> 01:13:42.080]  in my life is pursue righteousness and pursue truth and and and just
[01:13:42.080 --> 01:13:48.400]  completely fight evil or completely stand up against it because believe me
[01:13:48.400 --> 01:13:53.320]  you know I was in the joint you know I'm more I dished out some butt weapons I
[01:13:53.320 --> 01:14:00.520]  wore some but the main thing was I I never laid down and that's the way the
[01:14:00.520 --> 01:14:06.320]  system is that's the way the authorities are they don't like it when you know
[01:14:06.320 --> 01:14:13.120]  their law but it's like and I'm quite a chess player if I do to my own horn but
[01:14:13.120 --> 01:14:18.960]  that's how these elitists are they look at life like a chess game and when they
[01:14:18.960 --> 01:14:25.080]  pull out Queen's pawn they expect you to make the right move to counter their
[01:14:25.080 --> 01:14:30.640]  move if you don't they roll over you and in a few moves it's checkmate but you
[01:14:30.640 --> 01:14:37.600]  know Randy especially you and God and Eddie when you play their game by their
[01:14:37.600 --> 01:14:43.800]  rules and you actually know their rules better than they do they actually in a
[01:14:43.800 --> 01:14:49.680]  perverted way respect that and you wind up coming away the victor and that is
[01:14:49.680 --> 01:14:57.120]  the way we have to approach life in this system because when it comes down to I
[01:14:57.120 --> 01:15:04.560]  mean just the bare bones of it it is right and wrong and you either stand on
[01:15:04.560 --> 01:15:09.600]  the side of right or on the side of wrong on the side of good or evil
[01:15:09.600 --> 01:15:17.720]  without sounding too cliche and too you know goody-two-shoes the fact is you have
[01:15:17.720 --> 01:15:23.120]  to stand for something or you fall for anything and that's what you know I'm
[01:15:23.120 --> 01:15:26.520]  going to get off the phone because you know I'm starting to ramble now the main
[01:15:26.520 --> 01:15:31.160]  thing is if there's a new guy listening tonight I want you to get the fire of
[01:15:31.160 --> 01:15:38.960]  liberty baby in your heart let that flame ignite learn constantly learn
[01:15:38.960 --> 01:15:45.400]  study realize that you actually can fight City Hall and people bigger than
[01:15:45.400 --> 01:15:52.000]  City Hall the key to victory is the fight you can take it you know a black
[01:15:52.000 --> 01:15:58.880]  guy a bloody nose you still win just by standing up to the bully you know so
[01:15:58.880 --> 01:16:03.560]  anyway that's all I got to say I love you guys and I'll tell you I pray for
[01:16:03.560 --> 01:16:09.920]  you guys every night because I know that you're pure of heart and I aspire to be
[01:16:09.920 --> 01:16:14.000]  I even joked with Randy one night I said you know you're my hero when I grow up I
[01:16:14.000 --> 01:16:18.560]  want to be just like you but that is that is a true statement I say it jokingly
[01:16:18.560 --> 01:16:24.760]  but I really in my heart mean it I aspire to be the type of people that you
[01:16:24.760 --> 01:16:29.960]  guys are I want to be the guy that everybody knows is a straight shooter
[01:16:29.960 --> 01:16:37.320]  and will stand up for right even when it costs them something Sam you are yeah
[01:16:37.320 --> 01:16:40.440]  I was gonna say if you're gonna grow up to be like Randy you better get you one
[01:16:40.440 --> 01:16:47.480]  of those mouth guards like they're using sports get smacked in the wall a lot
[01:16:47.480 --> 01:16:53.400]  Sam your kindred spirit thank you very much thank you dear bye-bye okay all
[01:16:53.400 --> 01:17:01.200]  right we'll be back on the other side and then we'll take Paula hello Austin
[01:17:01.200 --> 01:17:04.680]  my name is Harlan Dietrich owner of brave new books a local independent
[01:17:04.680 --> 01:17:08.080]  bookstore here in town many of you are familiar with the bookstore and have
[01:17:08.080 --> 01:17:11.800]  attended some of our events we've been proud to host speakers like Alex Jones
[01:17:11.800 --> 01:17:16.320]  Ron Paul Jim Mars Katherine Albert Webster Tarpley Geodude Griffin and many
[01:17:16.320 --> 01:17:20.120]  other heroic figures in the Patriot movement but now brave new books need
[01:17:20.120 --> 01:17:24.320]  your help in order to continue to provide a space for these events and be
[01:17:24.320 --> 01:17:28.200]  an outlet for hard-to-find materials we're going to need you Austin to help
[01:17:28.200 --> 01:17:31.360]  spread the word about the bookstore please tell your friends and family
[01:17:31.360 --> 01:17:35.800]  about the wide variety of materials we offer we also have DVD duplication
[01:17:35.800 --> 01:17:40.460]  capabilities for all you activists also if you haven't visited us yet please come
[01:17:40.460 --> 01:17:44.560]  down and show your support it is so easy to support the big corporate chain stores
[01:17:44.560 --> 01:17:48.440]  that do nothing to further our message remember you vote with your dollars
[01:17:48.440 --> 01:17:52.640]  we're counting on you Austin if you need any information please call five one two
[01:17:52.640 --> 01:17:57.640]  four eight oh two five zero three or visit us at 1904 Guadalupe Street thank
[01:17:57.640 --> 01:18:21.180]  you everyone
[01:18:27.640 --> 01:18:38.240]  could we get a rain check? I think we're getting it now. We're cashing it in. Before we take
[01:18:38.240 --> 01:18:45.780]  Paula, Eddie and I just had a couple of brief comments on what Sam said earlier about freedom
[01:18:45.780 --> 01:18:55.040]  and sacrifice for it. And this goes to the whole entitlement mentality. The reason that
[01:18:55.040 --> 01:19:02.340]  people nowadays, it seems so many people are so willing to give up their freedom for security.
[01:19:02.340 --> 01:19:12.560]  It's not just the security. It's the handout that goes along with it. And I don't know,
[01:19:12.560 --> 01:19:19.120]  some people, we've got to make people realize that this handout entitlement mentality is
[01:19:19.120 --> 01:19:25.440]  nothing but slavery. And it's a tough thing to get over. That's why this collectivist
[01:19:25.440 --> 01:19:34.360]  philosophy ideology is so, so dangerous. It's so seductive. It seems so attractive on the
[01:19:34.360 --> 01:19:45.120]  surface, but it's nothing but chains. It's nothing but slavery. I mean, talking to some
[01:19:45.120 --> 01:19:53.720]  of the co-plaintiffs today, they didn't get their restraining order. What now? Still at
[01:19:53.720 --> 01:19:59.880]  risk. Who knows what's going to happen. Most likely now that we've caused such an uproar,
[01:19:59.880 --> 01:20:04.680]  they're not going to come busting in with guns and ruining people's lives. But you
[01:20:04.680 --> 01:20:12.940]  never know. It's a total wild card. So what? Shut the radio station down because they didn't
[01:20:12.940 --> 01:20:22.320]  get their restraining order or keep going with a big question mark because it's either
[01:20:22.320 --> 01:20:29.080]  freedom or slavery. So you have to take the risk. They have to take the risk. So Eddie,
[01:20:29.080 --> 01:20:35.880]  yeah, you can, you can do what you know to be right despite the risk, or you can surrender
[01:20:35.880 --> 01:20:40.800]  what you know to be right to remain safe. But it's very, very rare that you're going
[01:20:40.800 --> 01:20:49.880]  to have the opportunity to have them both. All right. We're going to go now to Paula
[01:20:49.880 --> 01:20:56.080]  in Texas. Paula, thanks for calling in. What's on your mind? Hi. It's amazing that a couple
[01:20:56.080 --> 01:21:02.760]  callers back, I think it was Randy in Texas, and you brought up the subject of the Travis
[01:21:02.760 --> 01:21:08.720]  County Appraisal District and how you're wondering if they had access to the MLS and that they're
[01:21:08.720 --> 01:21:17.320]  setting the tax, you know, the amount of appraisal on a house based on MLS. And that, I was calling
[01:21:17.320 --> 01:21:22.560]  in with a question about that myself actually. So I was totally amazed that you brought it
[01:21:22.560 --> 01:21:30.760]  up. But I'm here in Austin and we bought, about two years ago we bought a duplex and
[01:21:30.760 --> 01:21:38.960]  somehow, I'm not sure why, one owner owned this duplex. We bought half of it so they
[01:21:38.960 --> 01:21:48.160]  had to reclassify it as a condo, okay. And at the time that we signed up for the house,
[01:21:48.160 --> 01:21:54.800]  we didn't get a plan and we thought that was pretty weird. And what we looked at was
[01:21:54.800 --> 01:22:00.000]  a plan and it turned out when we researched it, it was just a plan about where the septic
[01:22:00.000 --> 01:22:06.680]  tanks were on the property so we started seeking the plan. We couldn't get it and they kept
[01:22:06.680 --> 01:22:11.160]  putting us off and we didn't get an appraisal. My daughter had to sit down in the appraisal
[01:22:11.160 --> 01:22:17.200]  district and I went like six months later and we kept after them to get an appraisal
[01:22:17.200 --> 01:22:22.320]  on the property. And they said, well, we have to divide it up and we haven't done that
[01:22:22.320 --> 01:22:29.080]  yet and all this baloney and it made me think that either they're understaffed, extremely
[01:22:29.080 --> 01:22:35.880]  understaffed, which may be the case, or they don't know what they're doing. So finally
[01:22:35.880 --> 01:22:43.680]  after 18 months and really going down there, writing letters, calling, we got an appraisal
[01:22:43.680 --> 01:22:49.600]  and it was very low and which is good, we got a refund on taxes but then now they're
[01:22:49.600 --> 01:22:55.920]  out surveying our land yesterday and they're saying, well, that appraisal was only on the
[01:22:55.920 --> 01:23:05.640]  land, we haven't added in the house. So my deal is this, okay, they sent an appraisal,
[01:23:05.640 --> 01:23:12.600]  I'm concerned when the man that owned this duplex in the past, okay, the property went
[01:23:12.600 --> 01:23:21.640]  up greatly so we can't determine how much did it really go up. So if they were to take
[01:23:21.640 --> 01:23:28.200]  if the appraisal district took this land and the house on it and appraised it and they
[01:23:28.200 --> 01:23:32.760]  gave it just, I'm just going to throw out some numbers to use, if they appraised it
[01:23:32.760 --> 01:23:40.280]  $300,000 for the whole thing, now we've divided it up, how am I going to know that
[01:23:40.280 --> 01:23:46.920]  half of it is $150,000 and the other half would be $150,000? Or because there's two
[01:23:46.920 --> 01:23:53.720]  owners now, did they somehow hike it up and they're asking, you know, $200,000 for each
[01:23:53.720 --> 01:24:00.080]  side? Do you see what I'm saying? How can I determine? I want to make sure we're not
[01:24:00.080 --> 01:24:08.560]  getting jabbed because now there's two owners on this property.
[01:24:08.560 --> 01:24:13.320]  You got jabbed the moment the appraisal district started doing anything with the property to
[01:24:13.320 --> 01:24:20.280]  begin with, but that's just another issue. Yeah. The best thing you're going to do to
[01:24:20.280 --> 01:24:24.520]  find that out is first off, you're going to need to compare notes with the other owner
[01:24:24.520 --> 01:24:28.200]  and find out what they did there and what was the original appraised value when it was
[01:24:28.200 --> 01:24:34.120]  considered one property. That would be the first logical place to start. Yeah, and I'm,
[01:24:34.120 --> 01:24:41.080]  okay, I'm unclear about something. How can there be two owners of one property? It's
[01:24:41.080 --> 01:24:45.440]  a duplex. Yeah, but according to my research of what
[01:24:45.440 --> 01:24:58.420]  duplexes are is that it's a multifamily dwelling on one lot and it's not two separate pieces
[01:24:58.420 --> 01:25:05.940]  of property. It's one piece of property as far as the lot is concerned, but the building
[01:25:05.940 --> 01:25:13.280]  is basically two dwellings that have to be attached by either a breezeway or it's one
[01:25:13.280 --> 01:25:19.760]  single building or it's an upper and a lower level, but it's still one property. The only
[01:25:19.760 --> 01:25:27.040]  reason it's called a duplex is just because two families can dwell in the one building.
[01:25:27.040 --> 01:25:31.320]  Well, yeah, but a condo is essentially the same thing, Deborah. It's still a bunch of
[01:25:31.320 --> 01:25:36.920]  apartments in a set of adjoining buildings of which you own one part.
[01:25:36.920 --> 01:25:43.080]  No, not in this county, at least not in this neighborhood. We had a huge fight over this
[01:25:43.080 --> 01:25:47.320]  for years and years over the difference between condos and duplexes.
[01:25:47.320 --> 01:25:52.120]  Well, I understand there's a legal difference, but what I'm saying is that technically speaking,
[01:25:52.120 --> 01:25:57.120]  there's not a difference. A condo is still a multifamily dwelling. It's still got multiple
[01:25:57.120 --> 01:26:07.160]  apartments set up like a house, just like a duplex does. As far as the issue of it goes,
[01:26:07.160 --> 01:26:14.080]  even though it's under one roof, it's still divided into two separate dwellings. As far
[01:26:14.080 --> 01:26:19.400]  as the lot goes, the actual property, that's an issue I haven't ever addressed or taken
[01:26:19.400 --> 01:26:22.200]  a look at to tell you the truth.
[01:26:22.200 --> 01:26:29.280]  Now the difference that I understand between condos and duplexes or fourplexes is that
[01:26:29.280 --> 01:26:35.760]  with condos, there's multiple owners where one owner will own the building, like the
[01:26:35.760 --> 01:26:40.840]  structure, and then there'll be another owner that actually owns the lot. But with duplexes
[01:26:40.840 --> 01:26:46.320]  or fourplexes, there's only one owner for the whole thing, and then they have to rent
[01:26:46.320 --> 01:26:47.320]  out a situation.
[01:26:47.320 --> 01:26:50.520]  Yeah, but there's nothing that says they can't subdivide the lot.
[01:26:50.520 --> 01:26:54.120]  Well, it depends. It depends on the neighborhood.
[01:26:54.120 --> 01:26:58.240]  Because she said they reclassified it as a condo when they did that.
[01:26:58.240 --> 01:27:02.920]  Well, see, that depends on the neighborhood. I know for a fact in our neighborhood, you
[01:27:02.920 --> 01:27:07.520]  cannot subdivide. I mean, we fought this tooth and nail. In fact, our neighborhood was the
[01:27:07.520 --> 01:27:12.120]  pilot project, and this is one reason why I've got it out for Kirk Watson, because of
[01:27:12.120 --> 01:27:18.760]  this whole subdividing issue. You can't subdivide. I mean, I don't know what the ordinances are.
[01:27:18.760 --> 01:27:23.160]  It depends on the neighborhood plan of your particular neighborhood.
[01:27:23.160 --> 01:27:25.560]  Okay, well, we live in Westlake.
[01:27:25.560 --> 01:27:29.960]  Okay, so that's totally different. You're not even under the Austin ordinances.
[01:27:29.960 --> 01:27:36.280]  Okay, well, here's what I thought it was. And we were very naive when we went to sit
[01:27:36.280 --> 01:27:42.960]  down to sign the loan, and we got an FHA loan because it was my daughter's first loan. And,
[01:27:42.960 --> 01:27:51.480]  you know, FHA makes loans to people for the first time, okay? We thought that they made
[01:27:51.480 --> 01:27:57.200]  it classified as a condo because it was an FHA loan. That may not be correct, and it
[01:27:57.200 --> 01:28:03.000]  bothered me because here's the deal. We completely own half the lot and half of the
[01:28:03.000 --> 01:28:12.160]  building, but we're required to have a homeowners association that we pay fees to. So the realtor
[01:28:12.160 --> 01:28:20.320]  that handled this deal is a, what do you call it, a homeowners association. We don't want
[01:28:20.320 --> 01:28:25.920]  their services, and they're currently selling the other half. They've got a buyer, and
[01:28:25.920 --> 01:28:30.000]  we're going to approach them, say, we want to get rid of this homeowners association
[01:28:30.000 --> 01:28:35.920]  thing. But I don't know who can answer my questions about, basically, when I called
[01:28:35.920 --> 01:28:43.680]  in, I just was wanting to make sure they didn't increase the taxes, because there's two owners
[01:28:43.680 --> 01:28:48.080]  now. That's what I'm concerned about. And the other stuff...
[01:28:48.080 --> 01:28:53.520]  Well, Paula, were you the sole owner before?
[01:28:53.520 --> 01:29:02.240]  No. A man, an investor in Las Vegas, owned the property, and he was leasing both sides
[01:29:02.240 --> 01:29:10.320]  out. He decided to sell it. He sold our half first. We bought it. We're the owner. Now
[01:29:10.320 --> 01:29:16.000]  the leasers, their lease was up. They moved out. The other half has been for sale, and
[01:29:16.000 --> 01:29:17.000]  now they've sold it.
[01:29:17.000 --> 01:29:21.840]  Okay. So you're concerned that they may be raising the appraisal value because now there's
[01:29:21.840 --> 01:29:24.240]  two owners of the property?
[01:29:24.240 --> 01:29:28.160]  Yes. We can't determine it. They could not give us an appraisal.
[01:29:28.160 --> 01:29:32.480]  Who is they? The appraisal district of Westlake?
[01:29:32.480 --> 01:29:35.000]  Travis County appraisal district.
[01:29:35.000 --> 01:29:39.000]  Wait a minute. Okay. I don't know if you're... You'll have to determine if you're in Travis
[01:29:39.000 --> 01:29:40.560]  County or not, because...
[01:29:40.560 --> 01:29:42.920]  Yeah. We are.
[01:29:42.920 --> 01:29:49.160]  Then you have to look at the... You have to do a comparative analysis of the sales in
[01:29:49.160 --> 01:29:55.840]  your area by calling a real estate agent to have them look up the MLS listings. I mean,
[01:29:55.840 --> 01:29:58.960]  this goes to the whole thing. Stay on the line.
[01:29:58.960 --> 01:29:59.960]  Okay.
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[01:31:21.480 --> 01:31:48.800]  Okay. Okay, Paula. Basically, okay, the short answer, I believe, to your question that
[01:31:48.800 --> 01:31:59.040]  I can give regarding your concern that now that there are multiple owners of this property,
[01:31:59.040 --> 01:32:06.840]  and I guess depending on your neighborhood association and the neighborhood plan that
[01:32:06.840 --> 01:32:15.520]  is put in place and the flum that is also in place that is now being pushed off on us,
[01:32:15.520 --> 01:32:20.720]  some neighborhoods you can subdivide. As Eddie was saying, some you cannot. We fought this
[01:32:20.720 --> 01:32:29.480]  really hard and we won. We fought it all the way to a petition, anyway, forcing a supermajority
[01:32:29.480 --> 01:32:33.240]  vote and we won. This is when Kirk Watson was in place. You cannot subdivide in this
[01:32:33.240 --> 01:32:40.120]  area. But at any rate, in your neighborhood, subdivision may be allowable. Your situation
[01:32:40.120 --> 01:32:45.160]  is different. But regarding your concern that they may be raising the appraisal value because
[01:32:45.160 --> 01:32:54.480]  now there's multiple owners, you have to look at a comparative analysis of other properties
[01:32:54.480 --> 01:33:03.800]  in the area and the sales to see if the property values have increased according to the sale
[01:33:03.800 --> 01:33:09.680]  values from multiple owners versus single owners. And that's a difficult thing to do
[01:33:09.680 --> 01:33:16.000]  because in the state of Texas, the sales are not a matter of public record. And this is
[01:33:16.000 --> 01:33:21.920]  an extreme source of controversy because some people say, oh, right to privacy, right to
[01:33:21.920 --> 01:33:27.160]  privacy. But then on the other hand, if it's not a matter of public record, what the sale
[01:33:27.160 --> 01:33:33.040]  value is, then it leaves a lot of room for corruption. And so the only people who know
[01:33:33.040 --> 01:33:39.880]  the real answer are the real estate agents who have access to the MLS listings. Other
[01:33:39.880 --> 01:33:47.840]  than that, you have to look at the listings of what people are asking for for the sales.
[01:33:47.840 --> 01:33:54.160]  And so that's all I can say is that you probably need to call a real estate agent and they
[01:33:54.160 --> 01:33:57.080]  will give a comparative analysis for free generally.
[01:33:57.080 --> 01:34:03.240]  Yeah, we can go back to the agent that helped us. So I wanted to check that out because
[01:34:03.240 --> 01:34:08.800]  it's been bothering me. All we know is the taxes went up. We know that they've redivided
[01:34:08.800 --> 01:34:14.600]  our property, the land portion, and I want to just make sure that they're doing it right.
[01:34:14.600 --> 01:34:17.240]  And I need some kind of gauge to determine-
[01:34:17.240 --> 01:34:24.640]  Wait a minute. They subdivided the land, they redrew the map, like the lines, without your
[01:34:24.640 --> 01:34:27.360]  permission, who is they?
[01:34:27.360 --> 01:34:33.400]  See, when we bought the house, we were looking at a plant that we thought was the land plant.
[01:34:33.400 --> 01:34:39.040]  Okay. And in fact, the loan officer or whoever's responsible did not bring us a plant because
[01:34:39.040 --> 01:34:46.440]  it wasn't done. And so we've been trying for 18 months to get one and they finally gave
[01:34:46.440 --> 01:34:52.000]  us a plant and gave us an appraisal 18 months after we bought the property. And we went
[01:34:52.000 --> 01:34:58.760]  in person down to the appraisal district. We went, I forget the other place. Anyway,
[01:34:58.760 --> 01:35:03.520]  we were trying to get an appraisal. When they finally gave us something, it was on the land
[01:35:03.520 --> 01:35:08.680]  only and it was way low and we knew it. Now they've come back and surveyed the place
[01:35:08.680 --> 01:35:15.080]  two days ago and said, now we've got to reappraise it because we didn't put the house on it.
[01:35:15.080 --> 01:35:20.760]  So it's just kind of, everything has been very strange to us, you know?
[01:35:20.760 --> 01:35:27.280]  I don't see how a sale of property like that could take place without an appraisal being
[01:35:27.280 --> 01:35:33.000]  done in the first place. Randy, you're the one that's dealing with these kinds of issues.
[01:35:33.000 --> 01:35:39.120]  I was just thinking about that. There's a lot of stuff about the appraisal, but I haven't
[01:35:39.120 --> 01:35:45.720]  seen anything that said that there had to be an appraisal. And I will certainly be looking
[01:35:45.720 --> 01:35:53.480]  at that in the morning, because I'm working on putting together a comprehensive program
[01:35:53.480 --> 01:35:58.120]  to do a forensic analysis on how the loans are done.
[01:35:58.120 --> 01:36:03.240]  Yeah, we probably need to stop looking at that. But kind of after the fact, we were
[01:36:03.240 --> 01:36:08.360]  kind of naive on this one. But anyway, I just wondered.
[01:36:08.360 --> 01:36:12.160]  After the fact is okay, because there's a lot of things they're supposed to do that
[01:36:12.160 --> 01:36:19.680]  they don't do. You can really kick their behind, especially in this political climate.
[01:36:19.680 --> 01:36:22.680]  Okay. Yeah.
[01:36:22.680 --> 01:36:29.440]  I'm finding, I found one, I was looking at a note, $108,000 note. And I put together
[01:36:29.440 --> 01:36:36.560]  this little spreadsheet where you can analyze how changes in the note will affect the overall
[01:36:36.560 --> 01:36:47.220]  outcome. And the origination fee can only be 1% of the note. In this case, $1,008. They
[01:36:47.220 --> 01:36:49.920]  charged him $5,600.
[01:36:49.920 --> 01:36:52.000]  Wow.
[01:36:52.000 --> 01:37:08.000]  So I took the $5,500 and something off the first payment. It's 9.99%. I ran the note.
[01:37:08.000 --> 01:37:14.420]  If he paid the amount they told him to pay over the life of the note, had they not charged
[01:37:14.420 --> 01:37:27.040]  him this 5,000 something, the difference he would pay is $77,000. I had to run, I took
[01:37:27.040 --> 01:37:30.920]  my numbers out. I said, wait a minute, something's wrong with my spreadsheet. And I put in a
[01:37:30.920 --> 01:37:35.080]  set of numbers I had ran before and they came up dead on.
[01:37:35.080 --> 01:37:36.080]  Wow.
[01:37:36.080 --> 01:37:42.560]  I put that 5,000, took it right off the head of the note and come up 77,000 difference.
[01:37:42.560 --> 01:37:49.680]  So these are the things we look for. What I located tonight is the difference between
[01:37:49.680 --> 01:37:56.360]  fees and penalties. A fee is paid to the agency who assesses the fee. A penalty is paid to
[01:37:56.360 --> 01:38:04.360]  the other party. And these respa violations and notice violations are penalties. And the
[01:38:04.360 --> 01:38:16.440]  case I was looking at said that the penalty, that the harm occurs when the note is consummated.
[01:38:16.440 --> 01:38:22.240]  So we're three, four, five years down the road, we find that they failed a half a dozen
[01:38:22.240 --> 01:38:31.340]  different notices. The judge can assess 200 to 2,000, no less than 200, no more than 2,000.
[01:38:31.340 --> 01:38:35.640]  So we average it a thousand a piece. Then we take all of those off the front of the
[01:38:35.640 --> 01:38:40.640]  note and see how the note comes up different. And then go in and sue them for three times
[01:38:40.640 --> 01:38:41.640]  that.
[01:38:41.640 --> 01:38:42.640]  Wow.
[01:38:42.640 --> 01:38:53.000]  It's a bubba. And what the case law said was, if they fail to provide a notice, that the
[01:38:53.000 --> 01:39:03.260]  intent of this statute is to ensure compliance. So you don't have to show harm. The harm is
[01:39:03.260 --> 01:39:13.200]  failure to comply. So they nail them out of hand. Works for me.
[01:39:13.200 --> 01:39:23.800]  Paula, listen, I want to ask you something here. Appraisal issues aside, I'm not quite
[01:39:23.800 --> 01:39:36.800]  clear on how and who they actually is, who are they that have redrawn the line, i.e.
[01:39:36.800 --> 01:39:43.000]  resubdivided this property without your permission. I mean, if they've taken away property from
[01:39:43.000 --> 01:39:49.720]  your lot or added on property to your lot, it seems like obviously you would have had
[01:39:49.720 --> 01:39:56.160]  to sign off for that. I don't understand how this process took place where the lines of
[01:39:56.160 --> 01:40:01.040]  the property are redrawn without your permission or consent or signature or anything after
[01:40:01.040 --> 01:40:04.400]  you've already bought the property. What's up with that?
[01:40:04.400 --> 01:40:09.480]  Well, actually, we thought we had the plan when we sat down to sign the note. And when
[01:40:09.480 --> 01:40:15.160]  we looked at it closer later, it was just the plat to show where the septic tanks were
[01:40:15.160 --> 01:40:23.000]  on the property. So we started trying to get the plat to know what land we owned. And apparently,
[01:40:23.000 --> 01:40:29.360]  a survey or something had been done, but they didn't provide it to us. And when we got it,
[01:40:29.360 --> 01:40:34.880]  we found out that the back part of the land was not ours and we didn't know it wasn't
[01:40:34.880 --> 01:40:35.880]  ours.
[01:40:35.880 --> 01:40:41.320]  Okay, so you didn't have full disclosure when you bought the property. Okay, then that's
[01:40:41.320 --> 01:40:43.840]  what I wanted to find out.
[01:40:43.840 --> 01:40:49.240]  Yeah, that's exactly right. Because we were at the plant map. And it really, when we looked
[01:40:49.240 --> 01:40:53.200]  at it, it was just showing where the septic tanks were on the property. Then we said,
[01:40:53.200 --> 01:40:58.560]  well, we got to get this. And we kept trying. And nobody could provide it. We kind of were
[01:40:58.560 --> 01:41:04.200]  sitting in circles for 18 months. And we needed the appraisal because the bank called and
[01:41:04.200 --> 01:41:09.480]  said they're going to raise the payment if we didn't get an appraisal. So then when
[01:41:09.480 --> 01:41:15.240]  we gave them that pressure, they said, look, the bank wants to raise this mortgage payment.
[01:41:15.240 --> 01:41:20.960]  So suddenly, they said, don't worry, you'll have it in June. Well, it didn't come in
[01:41:20.960 --> 01:41:21.960]  June.
[01:41:21.960 --> 01:41:27.320]  Sometime in July, we finally got an appraisal. So the bank was happy. We got a refund on
[01:41:27.320 --> 01:41:31.560]  some taxes. Now they came back and they said two days later, they're surveying, they're
[01:41:31.560 --> 01:41:37.760]  saying, look, we have to do the appraisal again, because that was on the land only.
[01:41:37.760 --> 01:41:39.560]  And now we've got to add the house.
[01:41:39.560 --> 01:41:51.720]  All right. I can see fraud on so many levels. I think it's time for Randy's mortgage analysis
[01:41:51.720 --> 01:41:54.600]  situation here. This is insane.
[01:41:54.600 --> 01:41:58.840]  It's something I haven't looked for, but I'm sitting here thinking about it. How can
[01:41:58.840 --> 01:42:04.800]  you in good faith sell a piece of property if you cannot establish its value?
[01:42:04.800 --> 01:42:12.560]  Well, that's what they did. We just paid the owner in Las Vegas. He's like a Middle
[01:42:12.560 --> 01:42:19.560]  Easterner, and he bought this property, his investment property, 10 years ago. And so
[01:42:19.560 --> 01:42:27.440]  he decided to sell one half. We got him to come off by 6,000, and we thought that was
[01:42:27.440 --> 01:42:33.320]  reasonable. We really didn't know the value of the property. And the appraisal district
[01:42:33.320 --> 01:42:36.640]  said, we can't, we haven't done your appraisal yet.
[01:42:36.640 --> 01:42:41.320]  Oh, but they sure love to tax on what they think the appraisal is.
[01:42:41.320 --> 01:42:47.080]  Right. But it came in very low. We were real happy. It was way low. We knew there was something
[01:42:47.080 --> 01:42:53.360]  wrong. Now they're coming back and saying, we've got to add the house. Okay. So I do
[01:42:53.360 --> 01:42:58.360]  not. They sent that appraisal with the land only just because our bank was pressuring
[01:42:58.360 --> 01:43:05.200]  to get an appraisal in their office. Bank of America was saying, you know, what's your
[01:43:05.200 --> 01:43:08.560]  appraisal? We said, we've been trying to get it for 18 months from the appraisal.
[01:43:08.560 --> 01:43:12.880]  I'm surprised that they gave a loan without an appraisal to begin with.
[01:43:12.880 --> 01:43:17.360]  Are you saying the bank didn't send their own appraiser out?
[01:43:17.360 --> 01:43:22.120]  Yeah, that's exactly the point I was about to bring up.
[01:43:22.120 --> 01:43:27.240]  That may be there. Okay. What you're saying, maybe the bank did have an appraiser. Somebody
[01:43:27.240 --> 01:43:28.920]  had to. Somebody had to.
[01:43:28.920 --> 01:43:34.840]  If the bank had an appraiser, it will be in your HUD one statement, the billing for the
[01:43:34.840 --> 01:43:37.960]  appraiser. And you should have the appraisal in your loan packet.
[01:43:37.960 --> 01:43:44.040]  Okay. Listen, Paula. Paula, yeah. Why don't you contact Randy? Because he's, he's already
[01:43:44.040 --> 01:43:48.480]  got everything set up to deal with these kinds of situations. Okay. Okay. So we can go on
[01:43:48.480 --> 01:43:53.520]  to other callers. We're going to have to go into overtime at this point if the guys agree.
[01:43:53.520 --> 01:43:56.400]  Thank you, Paula, for calling in. Thank you very much. Okay. Bye bye. All right. We'll
[01:43:56.400 --> 01:44:06.360]  be right back.
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[01:45:16.920 --> 01:45:39.640]  Okay. We are back. We've got four, five more callers in line. We're going to try to take
[01:45:39.640 --> 01:45:46.000]  your calls and answer the questions as quickly as possible because poor Randy has literally
[01:45:46.000 --> 01:45:53.760]  been going on almost no sleep for days on end trying to serve the public interest, to
[01:45:53.760 --> 01:45:59.400]  use that term. Let's go to John in Florida. John, thanks for calling. What's on your mind?
[01:45:59.400 --> 01:46:00.400]  What's your question?
[01:46:00.400 --> 01:46:08.400]  Hi. Good evening, guys. I have a question for Eddie Craig. Eddie, this is regarding
[01:46:08.400 --> 01:46:16.800]  my traffic trial that's coming up and I spoke with Greg Slaughter last night and I was going
[01:46:16.800 --> 01:46:23.960]  over it with him regarding the procedures for my affidavit of truth with his common
[01:46:23.960 --> 01:46:31.840]  default process. I submitted that. Now, the problem here that I'm finding with the county
[01:46:31.840 --> 01:46:40.240]  court in Palm Beach, Florida is that, you know, the defendant, the person who's received
[01:46:40.240 --> 01:46:45.360]  the citation when they're in court, they're staying in a criminal courtroom, but with
[01:46:45.360 --> 01:46:51.080]  all the research I've done, I've come to the understanding that this is a civil matter,
[01:46:51.080 --> 01:46:58.400]  it's a civil trial. There is no...so therefore, there is no opposing counsel's fine. The district
[01:46:58.400 --> 01:47:05.680]  or state attorney is not involved or state prosecutor is not involved and therefore,
[01:47:05.680 --> 01:47:12.160]  the officer who issued the citation, or in this case in Florida, the summons at his podium,
[01:47:12.160 --> 01:47:16.160]  the defendant at their podium, and then sitting in front of somebody whose title is a court
[01:47:16.160 --> 01:47:24.160]  officer with...I'm almost certain it's not going to be a judge or a magistrate. Now,
[01:47:24.160 --> 01:47:30.280]  I spoke with Greg and what he advised me was to still seek out who the state prosecutor
[01:47:30.280 --> 01:47:35.600]  is so I have to serve him with the affidavit of truth so that it has been served whether
[01:47:35.600 --> 01:47:39.160]  or not that they're going to be involved because I was told that they're not going to be involved
[01:47:39.160 --> 01:47:45.160]  and I'm thinking, okay, so once it's filed in my file with the county clerk, you know,
[01:47:45.160 --> 01:47:48.080]  who is supposed to respond to it? And he's saying, regardless of whether or not they
[01:47:48.080 --> 01:47:53.240]  want to involve the prosecutor, it needs to be served and therefore, they default by not
[01:47:53.240 --> 01:47:59.840]  rebutting my claims. Now, given that and where I'm at now, I'm coming to the conclusion
[01:47:59.840 --> 01:48:06.560]  that what I need to do is then file...make several motions and, you know, this is why
[01:48:06.560 --> 01:48:12.680]  I need your help is to correct me where I'm wrong or what I'm missing to challenge the
[01:48:12.680 --> 01:48:17.760]  summons itself in terms of just the validity of the summons because, again, it was issued
[01:48:17.760 --> 01:48:22.320]  and signed by the officer and there was not a judge running around with him in his car.
[01:48:22.320 --> 01:48:28.360]  So the fact that the oath of person is in front of me and whether or not they're perpetrating
[01:48:28.360 --> 01:48:34.960]  fraud in the court by not being a judge or a magistrate and then, you know, kind of like
[01:48:34.960 --> 01:48:38.920]  where I want...what are the points I want to hit on and what I'm missing here?
[01:48:38.920 --> 01:48:45.360]  Okay. Well, the first thing is, have you appeared in court at all?
[01:48:45.360 --> 01:48:53.280]  I had a date set where, and I had mentioned this to you before, where if you arrive late
[01:48:53.280 --> 01:48:57.000]  and this I was told beforehand, so I did this, you arrive late, they allow you to reschedule,
[01:48:57.000 --> 01:49:01.240]  which I've done. So it wasn't like an appearance. Well, actually, it wasn't standing firm. It
[01:49:01.240 --> 01:49:04.880]  was scheduled and therefore, it's been rescheduled.
[01:49:04.880 --> 01:49:09.880]  Okay. Well, the first thing is, you have the right to know the nature of the charge against
[01:49:09.880 --> 01:49:14.040]  you. Have you been apprised of the nature of the charge against you?
[01:49:14.040 --> 01:49:17.760]  In terms of whether it's a civil matter or a criminal, like it's been told to you directly?
[01:49:17.760 --> 01:49:18.760]  That is correct.
[01:49:18.760 --> 01:49:23.960]  It has not, and I can't get the answer out of anyone. Now, I looked in my file in terms
[01:49:23.960 --> 01:49:24.960]  of...
[01:49:24.960 --> 01:49:25.960]  Did you submit it in writing?
[01:49:25.960 --> 01:49:29.840]  No, I did not.
[01:49:29.840 --> 01:49:34.720]  Submit it to the court in writing. You have the right to know. You demand to know. What
[01:49:34.720 --> 01:49:40.160]  is the nature of the charge against you, civil or criminal?
[01:49:40.160 --> 01:49:44.160]  It'll be the first thing you want to do.
[01:49:44.160 --> 01:49:45.160]  Okay.
[01:49:45.160 --> 01:49:51.960]  All right. Second thing is, have you read what the rules of procedure are and who is
[01:49:51.960 --> 01:49:58.160]  able to represent the state or the people, however they do it in Florida, as the magistrate
[01:49:58.160 --> 01:50:00.160]  or judge in this case?
[01:50:00.160 --> 01:50:07.360]  I've got both criminal and civil procedures, PDF files downloaded and saved, and I've been
[01:50:07.360 --> 01:50:15.840]  looking more... Because I just had my... Followed this affidavit of the truth recently, so...
[01:50:15.840 --> 01:50:19.560]  And I finally was able to get some kind of answer out of someone, and that, you know,
[01:50:19.560 --> 01:50:24.360]  basically it's kind of a mixed bag. And I know in Texas, things criminal. Here, there's
[01:50:24.360 --> 01:50:30.640]  certain issues with a DUI would be criminal. Here, it's like if it's going to be just speeding
[01:50:30.640 --> 01:50:37.320]  or fire registration, then it would be something that's considered civil. So, to answer your
[01:50:37.320 --> 01:50:42.320]  question, I'm sorry, but exactly what's the question?
[01:50:42.320 --> 01:50:48.960]  Well, the question is, is who has the authority to sit as a judge in this case?
[01:50:48.960 --> 01:50:53.760]  Okay, right. And that will be within the civil procedure, which again is what I'm coming
[01:50:53.760 --> 01:51:02.560]  to be... Unsolved conclusion is what I'm dealing with here. So, I have those downloaded and
[01:51:02.560 --> 01:51:06.320]  I'm going through them in order to make this determination.
[01:51:06.320 --> 01:51:11.960]  Okay. This may take a little longer than we got time left for, John. So, if you... You've
[01:51:11.960 --> 01:51:13.480]  got my phone number, correct?
[01:51:13.480 --> 01:51:15.240]  Yes, I do.
[01:51:15.240 --> 01:51:19.440]  Okay. If you'll give me a call, do you use Skype?
[01:51:19.440 --> 01:51:21.320]  I do. I have that.
[01:51:21.320 --> 01:51:26.360]  Okay. If you'll give me a call, I'll hook you up with my Skype ID, and we'll get linked
[01:51:26.360 --> 01:51:30.280]  up that way so nobody's phone bill is going through the roof, and we will sit down and
[01:51:30.280 --> 01:51:34.080]  go over this, and you can send me what you have, and we'll go over it and find what we
[01:51:34.080 --> 01:51:35.080]  can find.
[01:51:35.080 --> 01:51:39.840]  Okay. And just to kind of let you know then, just briefly, is that when I went to the courthouse,
[01:51:39.840 --> 01:51:44.360]  I looked at my file, when I filed my affidavit of the truth, there's nothing in there that
[01:51:44.360 --> 01:51:49.360]  there's not been a complaint written and filed by the police officer or nothing. The only
[01:51:49.360 --> 01:51:55.960]  thing is there is just paperwork in terms of one step to the next, summons, slash, ticket
[01:51:55.960 --> 01:52:00.200]  citation, you know, a traffic citation, and then each time when I appeared, the initial
[01:52:00.200 --> 01:52:07.600]  appearance to the clerk to make my statement of whether I'm going to, you know, testify
[01:52:07.600 --> 01:52:14.880]  or if I'm going to plead guilty or not guilty, like that form is in there. And then when
[01:52:14.880 --> 01:52:18.320]  I actually showed up for my hearing for it, guilty or not guilty, that form is in there.
[01:52:18.320 --> 01:52:24.120]  There's nothing more in there than just these, you know, the paperwork on those steps. There's
[01:52:24.120 --> 01:52:28.560]  nothing beyond that. So I'll get with you. I'll email you to find out the best time
[01:52:28.560 --> 01:52:34.400]  to call you and then we'll go from there. Okay. Thank you very much, Eddie. Yeah, no
[01:52:34.400 --> 01:52:42.920]  problem, John. All right. Thanks, John. Okay. We've got John from Kansas now. And we've
[01:52:42.920 --> 01:52:48.160]  also got, I'm sorry, we've got Steve from Montana, Gene from Wisconsin, Dave from Boston.
[01:52:48.160 --> 01:52:53.720]  If the guys want, we'll go into overtime to take everyone's calls. So go ahead, John,
[01:52:53.720 --> 01:52:59.480]  from Kansas. Well, thank you for taking my call, first of all. Oh, you're welcome. And
[01:52:59.480 --> 01:53:06.880]  I'm wondering if I can describe a non-jury municipal court trial that I went through
[01:53:06.880 --> 01:53:17.840]  this week to you briefly and maybe see what you all might do in this kind of instance.
[01:53:17.840 --> 01:53:27.000]  Is that okay? Sure. We do. We only have like four and a half minutes. So just letting you
[01:53:27.000 --> 01:53:32.400]  know, I mean, we'll hold you over till after midnight, but just letting you know for this
[01:53:32.400 --> 01:53:46.720]  segment. So go ahead. John? John? Okay. He dropped off. I think you scared him away.
[01:53:46.720 --> 01:53:53.360]  No, he called back. John, you still there? I'm here. Okay. Okay. Go ahead. Hey, thank
[01:53:53.360 --> 01:54:01.880]  you. Okay, go ahead. So I went to a non-jury trial in municipal court for a traffic ticket,
[01:54:01.880 --> 01:54:15.240]  for a speeding ticket. And he saved my case until last. Before he called me, he took a
[01:54:15.240 --> 01:54:19.680]  10 minute recess in his chamber and he asked the policeman that gave me the ticket to come
[01:54:19.680 --> 01:54:29.120]  back in the chamber. And then they came back out. He called my name. And the first thing
[01:54:29.120 --> 01:54:36.720]  I asked him was, I didn't walk up to the podium. I just said, judges, uh, is this on the record?
[01:54:36.720 --> 01:54:43.440]  Cause I wanted to clarify that it was on the record. He said, no, it is not. I said, do
[01:54:43.440 --> 01:54:52.960]  you have any objection to us keeping it on the record? And he said, yes, I do. And he
[01:54:52.960 --> 01:55:02.800]  said, are you so and so? And I, uh, I said, uh, I am John and I'm here for this matter.
[01:55:02.800 --> 01:55:09.160]  He said, once again, I'm going to ask you, are you so and so? I said, I'm John and I'm
[01:55:09.160 --> 01:55:13.640]  here for this matter. He said, would you step up to the podium? I said, I'd prefer to stay
[01:55:13.640 --> 01:55:24.180]  back here. Why did you do that? Why did I do that? Uh huh. I didn't want to, I didn't
[01:55:24.180 --> 01:55:31.480]  want to enter. I was my, my game plan was to, uh, try to establish that they didn't
[01:55:31.480 --> 01:55:39.800]  have any jurisdiction. And so I, in, in, in my own study, I just figured, Hey, maybe it's
[01:55:39.800 --> 01:55:47.520]  better not to, not to enter into that area. I don't know if that was correct or incorrect.
[01:55:47.520 --> 01:55:54.600]  Randy doesn't, doesn't that go to what, um, Joe Edwards was talking about, uh, about not,
[01:55:54.600 --> 01:56:01.320]  not passing the point of, of the bar, uh, and, and, and making it clear that if I step
[01:56:01.320 --> 01:56:04.640]  past this point, am I entering into a contract with the court or something? Isn't that what
[01:56:04.640 --> 01:56:10.840]  Joe Edwards was saying? Yes. That was, that's how he would address it. Uh, the thing of
[01:56:10.840 --> 01:56:16.960]  the judge saying that he didn't want things on the record. Yeah. That's when I'd have
[01:56:16.960 --> 01:56:23.080]  told him then, uh, I'm going to ask you to continue this case until you're ready to have
[01:56:23.080 --> 01:56:27.960]  this on the record. Yeah. Really? I would have said it right there. Yeah. I didn't know
[01:56:27.960 --> 01:56:33.840]  to say that. Yeah, I know. And, and I don't know if it's even appropriate if it's a traffic
[01:56:33.840 --> 01:56:43.120]  issue, Florida may not have that, uh, requirement. And also I wanted to make a comment about
[01:56:43.120 --> 01:56:48.120]  this, uh, not passing the bar where you said you prefer not to do that. I'm, I'm still
[01:56:48.120 --> 01:56:53.600]  a baby when it comes to learning like all these commercial processes. Um, but one principle
[01:56:53.600 --> 01:57:01.400]  I have learned is that, uh, it's always better to make a conditional acceptance. Uh, you
[01:57:01.400 --> 01:57:08.240]  don't ever want to outright refuse an offer. You, you want to always push your adversary
[01:57:08.240 --> 01:57:14.400]  into a corner by causing them to dishonor you by either not responding to an offer that
[01:57:14.400 --> 01:57:22.720]  you make, um, or by dishonoring you by basically reneging on a contract that they've made.
[01:57:22.720 --> 01:57:27.440]  And so you don't want to ever outright refuse. You want to make a conditional acceptance.
[01:57:27.440 --> 01:57:34.800]  That's why Joe Edwards was saying, um, if I approach, am I entering in a contract and
[01:57:34.800 --> 01:57:39.560]  basically could I approach you without entering into a contract? So that way you're, you're
[01:57:39.560 --> 01:57:46.800]  offering a conditional acceptance instead of just a blanket refusal, like an ultimatum.
[01:57:46.800 --> 01:57:51.680]  You see what I'm saying? Sure, sure. Yeah. And I, and I thought when I was saying, you
[01:57:51.680 --> 01:57:56.880]  know, I'm here for this matter, I'm John, it was like, I had two witnesses with me.
[01:57:56.880 --> 01:58:03.480]  And so that could identify that I was present and I had, I had, um, gotten the officer's
[01:58:03.480 --> 01:58:12.240]  oaths of office and bond insurance companies, um, the day before. And so the County clerk
[01:58:12.240 --> 01:58:17.200]  had identified me cause I had done an open records request. Okay. Well, wait a minute.
[01:58:17.200 --> 01:58:21.800]  Hold on. We're coming up to the end of the show. Uh, so we have to take a break. Uh,
[01:58:21.800 --> 01:58:27.680]  guys, do y'all want to continue? If we're dealing with traffic, I'm okay with it. Randy.
[01:58:27.680 --> 01:58:33.000]  Yeah. I want to hear what happened. I want to hear what happened to you. We've also got
[01:58:33.000 --> 01:58:38.900]  Steve Jean and David. So I'm going to close the phone lines at this point so we can finish
[01:58:38.900 --> 01:58:43.760]  taking these calls. Cause Randy's been up. I've been up for too long. So we're going
[01:58:43.760 --> 01:58:48.040]  to be back in just a couple of minutes. We're going to finish up with John from Kansas and
[01:58:48.040 --> 01:59:07.040]  we'll take Steve Jean and David after that. We will be right back.
[01:59:07.040 --> 01:59:18.280]  I'm the man that came all the way to be where I don't have to work so hard to be free. Some
[01:59:18.280 --> 01:59:24.000]  guys are trying to rewrite history, but they got caught. Now them guys got the plea. Looks
[01:59:24.000 --> 01:59:39.960]  like justice. It's like justice is the key. Yeah. Yeah.
[01:59:39.960 --> 01:59:57.040]  Yeah.