ROL_2010-04-09_16k_Hr3-4.timecode

[00:00.000 --> 00:05.000]  This news brief brought to you by the International News Net.
[00:05.000 --> 00:09.160]  The head of the North Carolina Republican Party asked Republican National Committee
[00:09.160 --> 00:14.840]  Chairman Michael Steele to step down Thursday, saying his resignation is the only way to
[00:14.840 --> 00:19.000]  end scrutiny of the National Party over lavish spending.
[00:19.000 --> 00:25.880]  In Brazil, after 200 people were buried under tons of mud Thursday, after a shantytown built
[00:25.880 --> 00:31.880]  atop a former landfill gave way in the latest deadly landslide to hit Rio de Janeiro, triggered
[00:31.880 --> 00:34.480]  by record rains.
[00:34.480 --> 00:40.160]  A new Fox News poll shows the Tea Party is viewed less favorably than the Internal Revenue
[00:40.160 --> 00:41.160]  Service.
[00:41.160 --> 00:45.920]  Fox's poll finding is ironic considering that a recent conservative attack on health
[00:45.920 --> 00:53.080]  care reform falsely claimed it would lead to hiring 16,500 additional IRS agents.
[00:53.080 --> 00:57.480]  This news brief brought to you by the International News Net.
[00:57.480 --> 01:02.920]  Iran's Armed Forces Chief of Staff Major General Hassan Firouz Abadi said if the U.S.
[01:02.920 --> 01:07.520]  attacks Iran, no American troops in the region will go home alive.
[01:07.520 --> 01:12.800]  Firouz Abadi made the remarks after U.S. Defense Secretary Robert Gates said Washington was
[01:12.800 --> 01:17.240]  keeping all options on the table for dealing with Iran and North Korea.
[01:17.240 --> 01:22.520]  Firouz Abadi's speech came a day after President Mahmoud Ahmadinejad condemned Washington's
[01:22.520 --> 01:24.320]  latest nuclear policy.
[01:24.320 --> 01:30.280]  The policy authorizes the use of nuclear arms against nations that violate the Nuclear Non-Proliferation
[01:30.280 --> 01:31.280]  Treaty.
[01:31.280 --> 01:37.280]  The U.S. has repeatedly accused Iran of failing to meet its obligations defined in the Non-Proliferation
[01:37.280 --> 01:42.040]  Treaty, an allegation categorically denied by Tehran.
[01:42.040 --> 01:47.600]  Iran was one of the first countries to sign the NPT, a global pact aimed at curbing the
[01:47.600 --> 01:49.880]  spread of nuclear weapons.
[01:49.880 --> 01:55.040]  Iran says its nuclear work is conducted in accordance with the NPT and is monitored by
[01:55.040 --> 01:56.640]  the U.N. nuclear watchdog.
[01:56.640 --> 02:01.000]  This news brief brought to you by the International News Net.
[02:01.000 --> 02:05.760]  George Bush, Dick Cheney and Donald Rumsfeld covered up that hundreds of innocent men were
[02:05.760 --> 02:10.280]  sent to Guantanamo because they feared that releasing them would harm the push for war
[02:10.280 --> 02:11.320]  in Iraq.
[02:11.320 --> 02:16.200]  The accusations were made by Loris Wilkerson, a top aide to Colin Powell, former Secretary
[02:16.200 --> 02:22.000]  of State, in a signed declaration to support a lawsuit filed by a Guantanamo detainee.
[02:22.000 --> 02:26.840]  It is the first time such allegations have been made by a senior member of the Bush administration.
[02:26.840 --> 02:30.400]  Colonel Wilkerson was most critical of Cheney and Rumsfeld.
[02:30.400 --> 02:36.880]  He claimed they knew the majority of the initial 742 detainees sent to Guantanamo in 2002 but
[02:36.880 --> 02:40.280]  believed that it was, quote, politically impossible to release them.
[02:40.280 --> 02:44.920]  Wilkerson also claimed one reason Cheney and Rumsfeld didn't want detainees released was
[02:44.920 --> 02:50.360]  because, quote, the detention effort would be revealed as an incredibly confused operation.
[03:14.920 --> 03:35.480]  Okay, we are back.
[03:35.480 --> 03:42.440]  Callers, if you'd like to call in, 512-646-1984.
[03:42.440 --> 03:44.480]  Right now we're here with Tony Davis.
[03:44.480 --> 03:48.600]  He wanted to weigh in concerning oath of office.
[03:48.600 --> 03:49.600]  Go ahead, Tony.
[03:49.600 --> 03:54.160]  Okay, I'd like to kind of clarify a few things regarding oath of office because some of our
[03:54.160 --> 04:01.280]  people have done some pretty extensive research on it and I would like to clarify some of
[04:01.280 --> 04:02.280]  the issues.
[04:02.280 --> 04:09.760]  Okay, if a federal or let's say a state official, okay, takes an oath of office, not only is
[04:09.760 --> 04:16.760]  the oath required to be properly done in a proper time frame, okay, but it has to have
[04:16.760 --> 04:21.640]  the state seal on it as well and if it doesn't have the state seal on it, it's not a valid
[04:21.640 --> 04:22.640]  oath.
[04:22.640 --> 04:27.720]  Okay, the other thing that's required and most people don't know this is that a state
[04:27.720 --> 04:32.320]  official has to have two oaths of office, not one.
[04:32.320 --> 04:37.320]  He's got to have an oath of office for the state and he also has to have a federal oath
[04:37.320 --> 04:42.400]  of office and we have extensive arguments that have been developed.
[04:42.400 --> 04:44.200]  Okay, wait a minute.
[04:44.200 --> 04:47.760]  Okay, every state official has to have a federal oath.
[04:47.760 --> 04:48.760]  That's correct.
[04:48.760 --> 04:54.120]  There has to be three then because every state official has to have two in the state.
[04:54.120 --> 04:58.780]  The constitutional oath, the oath in bribery statement and now we, yeah, somebody brought
[04:58.780 --> 05:02.040]  this up recently that they need a federal oath as well.
[05:02.040 --> 05:03.040]  That's right.
[05:03.040 --> 05:05.680]  It's not in the federal constitution that they have to take an oath.
[05:05.680 --> 05:06.680]  That's right.
[05:06.680 --> 05:07.680]  Well, no.
[05:07.680 --> 05:13.280]  They have to actually have a separate oath under the, came from one of the original federal
[05:13.280 --> 05:14.280]  statutes.
[05:14.280 --> 05:19.000]  Okay, and it requires them to have a federal oath as well as a state oath.
[05:19.000 --> 05:20.000]  Right.
[05:20.000 --> 05:24.000]  Well, the oath is actually written into the statute, but the constitution actually says
[05:24.000 --> 05:28.280]  that it has to be done and that was one of the first acts of Congress was to set up the
[05:28.280 --> 05:30.560]  statute covering the oath and what it contained.
[05:30.560 --> 05:31.560]  That's correct.
[05:31.560 --> 05:32.560]  That's correct.
[05:32.560 --> 05:39.320]  And they're actually, and I have the complete research on that, the complete case law.
[05:39.320 --> 05:42.880]  There actually has to be two, a federal oath and a state oath.
[05:42.880 --> 05:43.880]  All right.
[05:43.880 --> 05:47.400]  Now, let me carry this thing one step further.
[05:47.400 --> 05:48.400]  Okay.
[05:48.400 --> 05:54.520]  So basically when you're challenging a government official, that one of the first thing you
[05:54.520 --> 06:00.880]  do is you challenge them for the oath of office and that's under the Prieto case in 1999,
[06:00.880 --> 06:04.520]  which has not been overturned in the state of Texas.
[06:04.520 --> 06:05.520]  Okay.
[06:05.520 --> 06:11.240]  And what we have done, and we've won like four traffic cases in a row, although we don't
[06:11.240 --> 06:17.200]  really do traffic cases, and the way we've won those is we file a motion for production
[06:17.200 --> 06:25.280]  of the judge's original oath of office for forensic analysis, okay, because we want to
[06:25.280 --> 06:29.080]  bring in a forensic examiner to examine it and make sure it meets all the requirements
[06:29.080 --> 06:30.080]  of the constitution.
[06:30.080 --> 06:34.760]  Or alternatively dismissal the case and they just dismiss the case.
[06:34.760 --> 06:35.760]  Okay.
[06:35.760 --> 06:38.720]  I have a suggested addition.
[06:38.720 --> 06:39.720]  Okay.
[06:39.720 --> 06:42.640]  I'd apply that to everybody involved, officers included.
[06:42.640 --> 06:43.640]  Absolutely.
[06:43.640 --> 06:44.640]  Yes, I agree.
[06:44.640 --> 06:46.080]  An addition for the judge.
[06:46.080 --> 06:47.080]  Right.
[06:47.080 --> 06:52.320]  You want to see his license as contemplated by government code 30.0006.
[06:52.320 --> 06:53.320]  Okay.
[06:53.320 --> 06:56.280]  Which license are you talking about?
[06:56.280 --> 06:57.880]  The license to practice law.
[06:57.880 --> 06:58.880]  Okay, sure.
[06:58.880 --> 07:00.400]  Which he doesn't have.
[07:00.400 --> 07:01.400]  He doesn't have.
[07:01.400 --> 07:02.400]  Okay.
[07:02.400 --> 07:03.400]  Chapter 82, government code.
[07:03.400 --> 07:04.400]  Wait, do what?
[07:04.400 --> 07:09.480]  Chapter 82, where it speaks to the Supreme Court being the only agency able to license
[07:09.480 --> 07:10.480]  attorney.
[07:10.480 --> 07:11.480]  Okay.
[07:11.480 --> 07:15.840]  30.0006 requires him to have that license.
[07:15.840 --> 07:22.160]  Chapter 82 authorizes the Supreme Court to issue that license.
[07:22.160 --> 07:26.600]  And 38.123 says what he can go to jail for not having that license.
[07:26.600 --> 07:33.920]  Paragraph D references that it's a illegal practice of law if you practice law in the
[07:33.920 --> 07:39.960]  state of Texas and you do not have a license to practice in the state, a license to practice
[07:39.960 --> 07:46.240]  in a foreign state or foreign country and are approved to practice in the state of Texas
[07:46.240 --> 07:49.600]  and are in good standing with the bar.
[07:49.600 --> 07:55.460]  Now Tony, if you haven't taken a look at 38.123, you'll find out that the unauthorized practice
[07:55.460 --> 07:58.480]  of law in Texas is fraudulent the way they're doing it.
[07:58.480 --> 08:03.520]  They're saying you can't help anybody with anything, yet that statute specifically deals
[08:03.520 --> 08:06.560]  only with personal injury law.
[08:06.560 --> 08:11.900]  It's got nothing to do with criminal law, which means anyone can get paid to represent
[08:11.900 --> 08:14.800]  somebody in a Texas court in a criminal case.
[08:14.800 --> 08:15.800]  Okay.
[08:15.800 --> 08:16.800]  Got you.
[08:16.800 --> 08:17.800]  All right.
[08:17.800 --> 08:19.800]  We need to sue a judge for that.
[08:19.800 --> 08:20.800]  Okay.
[08:20.800 --> 08:24.000]  Anyway, that was as an aside, we'll go back to the oaths.
[08:24.000 --> 08:26.800]  Okay, let me take this one step further, okay?
[08:26.800 --> 08:29.720]  Not only do they have to have oaths, but they have to have bonds.
[08:29.720 --> 08:30.720]  Yes.
[08:30.720 --> 08:31.720]  Okay.
[08:31.720 --> 08:34.080]  Now the question is, well, where do you find the bonds?
[08:34.080 --> 08:35.560]  Because it's kind of like a mystery.
[08:35.560 --> 08:40.600]  I mean, you know, you start looking for the bonds and it's like they disappear or something.
[08:40.600 --> 08:41.600]  Okay.
[08:41.600 --> 08:49.920]  What we've identified is the bonds are held or they're issued, okay, and they're self-funded
[08:49.920 --> 09:01.440]  by the county and city municipal association, okay, and if you go look at the code and go
[09:01.440 --> 09:05.480]  to the county and city municipal association, you can identify the bonds.
[09:05.480 --> 09:11.160]  Now here's another step in the process, okay, the bonds are then supposedly transferred
[09:11.160 --> 09:19.440]  to the controller of the state to be held, okay, and the controller of the state of Texas
[09:19.440 --> 09:28.920]  themselves or herself has to have, according to statute, a 15 million dollar bond in order
[09:28.920 --> 09:31.240]  to act as a controller.
[09:31.240 --> 09:37.960]  So that person is holding the bonds for all these government employees, okay, and that
[09:37.960 --> 09:41.320]  person is supposed to be bonded themselves.
[09:41.320 --> 09:47.560]  Well in the state of Texas, there has been no controller in the last 10 years that has
[09:47.560 --> 09:53.200]  been bonded.
[09:53.200 --> 09:58.040]  So now all of a sudden you've just got this domino effect, okay, I mean you start moving,
[09:58.040 --> 10:02.240]  going through, looking for the oath of office and looking for the bonds and then you track
[10:02.240 --> 10:08.000]  them up to the controller's office and it's all just, you know, backwards domino game.
[10:08.000 --> 10:09.800]  It all falls apart.
[10:09.800 --> 10:13.920]  Oh, this is good.
[10:13.920 --> 10:23.280]  Okay, you were, we talked today, you mentioned another issue around the federal courts.
[10:23.280 --> 10:31.440]  Okay, let me tell you what we found, okay, and you know, in the legal process, some of
[10:31.440 --> 10:36.880]  the things you find are by mistake, okay, but I mean as Randy knows and Eddie as you
[10:36.880 --> 10:44.520]  know and as I know is when you find something of value, okay, the trick is to understand
[10:44.520 --> 10:49.960]  it does have value, okay, and then figure out what to do with it, okay, here's what's
[10:49.960 --> 10:54.920]  happened, okay, I got a call earlier in the week from someone that said, look, I want
[10:54.920 --> 10:58.520]  you to help these people, okay, I want you to, I'm going to come down and I want you
[10:58.520 --> 11:02.160]  to help them, okay, and I said tell me a little bit about the deal and they said, well, they
[11:02.160 --> 11:10.280]  were in federal court, North Texas, and they uncovered by mistake a massive fraud up there,
[11:10.280 --> 11:15.000]  okay, and I said, so tell me about it, he gave me some information and came down and
[11:15.000 --> 11:22.440]  then faxed me the evidence to prove the case up, okay, and what they did is they had, they
[11:22.440 --> 11:29.800]  were fighting a case against an airline company, okay, and the airline company was represented
[11:29.800 --> 11:40.120]  by this big law firm and they went in to get their docket sheet, copy of their docket sheet
[11:40.120 --> 11:48.120]  and the clerk messed up and gave them the wrong docket sheet and it was entitled an
[11:48.120 --> 11:57.740]  internal use only docket sheet, so they started matching up the docket sheet against their
[11:57.740 --> 12:03.560]  real docket sheet that shows up on pay server that you can get a copy of from the court
[12:03.560 --> 12:10.760]  and there were several orders issued on the internal use only docket sheet that weren't
[12:10.760 --> 12:19.920]  on the regular docket sheet, so basically what happened is that the judge in the proceedings
[12:19.920 --> 12:29.720]  was manipulating the proceedings by issuing orders that nobody saw and it gets even more
[12:29.720 --> 12:37.200]  interesting than that because apparently when, let's say you lose the case, which they would
[12:37.200 --> 12:41.760]  lose because the judge is issuing orders in the other side's favor, which indicates the
[12:41.760 --> 12:48.360]  judge is getting some kind of benefit for ruling for the other party, okay, but then
[12:48.360 --> 12:57.360]  when you go to appeal, okay, the appellate court asks the court to send the records,
[12:57.360 --> 13:03.920]  so they send the records but they send the internal use only docket sheet, which you
[13:03.920 --> 13:10.720]  never see and you never know that the appellate court got it, therefore the appellate court
[13:10.720 --> 13:18.520]  rules against you because everything is set up, the judge can't be overruled or overturned
[13:18.520 --> 13:27.240]  and you can't win your case, so Randy, do you have any comments about what kind of ramifications
[13:27.240 --> 13:29.000]  that brings up?
[13:29.000 --> 13:40.320]  All courts shall be public, Article 1, Paragraph 10, Texas Constitution, you have a right to
[13:40.320 --> 13:50.440]  a fair and public court, this does not sound public, neither does it sound fair, fair,
[13:50.440 --> 13:58.520]  so it's a little patent place is what it is, but the other interesting side of this is
[13:58.520 --> 14:06.320]  that if this court is doing it, that creates a presumption that other courts are doing
[14:06.320 --> 14:19.560]  it, it's almost a certainty, correct, so we need to start requesting both dockets, that's
[14:19.560 --> 14:28.480]  true and that's going to give them a fit, well I mean they have to dismiss the case,
[14:28.480 --> 14:41.720]  I mean if they're concealed in the evidence, it's courts fraud, when Tony first told me
[14:41.720 --> 14:51.280]  this, I'm beginning to get the impression that the courts are absolutely, totally corrupt,
[14:51.280 --> 15:00.320]  but this is even beyond what I had considered, that they would imagine they could do this
[15:00.320 --> 15:08.640]  sort of thing and there would be no ramifications, and my biggest concern is, is for the last
[15:08.640 --> 15:15.720]  probably 50, 60 years, hasn't been, right, well you know we have long suspected you know
[15:15.720 --> 15:21.760]  like when we do litigation, okay, we always assume we have two enemies, we have the other
[15:21.760 --> 15:29.360]  side where it's civil or criminal, okay, and we have the court as an enemy too, okay, because
[15:29.360 --> 15:35.480]  the courts always tend to, you know, if it's a state court, they get campaign contributions
[15:35.480 --> 15:40.960]  and you know they always favor the big law firms, if it's a federal court, they're public
[15:40.960 --> 15:49.760]  appointees, okay, and so they have political ramifications, so we always assume we have
[15:49.760 --> 15:57.720]  two enemies, okay, whenever, about two years ago there was an article in the New Orleans
[15:57.720 --> 16:06.120]  Times-Picayune about the Jefferson Report, and in that article the state court in Louisiana,
[16:06.120 --> 16:15.040]  the state appeals court, okay, the head clerk committed suicide, and on his suicide note
[16:15.040 --> 16:21.360]  he stated that he had been instructed that for the last 15 years, and he worked directly
[16:21.360 --> 16:26.560]  for the chief judge, he had been instructed for the last 15 years to automatically take
[16:26.560 --> 16:33.000]  every pro se petition that was received by that court and stamp it denied without reading
[16:33.000 --> 16:41.720]  it, okay, and no judge read the petitions, yep, that's right, all right, Tony, you want
[16:41.720 --> 16:42.720]  to stay on the line?
[16:42.720 --> 16:43.720]  Sure.
[16:43.720 --> 16:48.720]  Okay, we also have some other callers calling in, Michael and Dan, Michael from Texas and
[16:48.720 --> 16:53.560]  Dan from Connecticut, Michael's the first time caller, all right, stay on the line folks,
[16:53.560 --> 16:59.920]  callers you'd like to call in, 512-646-1984, we'll be right back.
[16:59.920 --> 17:03.360]  You feel tired when talking about important topics like money and politics?
[17:03.360 --> 17:04.360]  Sorry.
[17:04.360 --> 17:07.240]  Are you confused by words like the Constitution or the Federal Reserve?
[17:07.240 --> 17:08.240]  What?
[17:08.240 --> 17:12.000]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
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[17:17.600 --> 17:22.320]  at an early age, I had no idea that the number one cause of the disease is found in almost
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[17:59.800 --> 18:07.760]  Well, don't let nothing get to you, only the father can deliver you, so don't let bad
[18:07.760 --> 18:14.000]  mind people hurt you, until Satan gets behind you, you know what I mean?
[18:14.000 --> 18:19.360]  I trust in God, my friends, little three shoes posse music for you.
[18:19.360 --> 18:24.080]  Okay, we're speaking with Tony and Michael and Dan, just hang on the line, Tony said
[18:24.080 --> 18:30.280]  he just has a few more minutes to finish up his points here, so go ahead Tony, please
[18:30.280 --> 18:31.280]  continue.
[18:31.280 --> 18:40.040]  Okay, what I was saying was that this Jefferson Report was the first time that the general
[18:40.040 --> 18:46.640]  fraud of the courts was exposed, okay, and it was exposed in the State Court of Appeals
[18:46.640 --> 18:53.680]  in Louisiana when the chief clerk committed suicide and in his suicide note, which was
[18:53.680 --> 18:59.520]  investigated by the police and reported by the New Orleans Times-Picayune, stated that
[18:59.520 --> 19:05.560]  in the last 15 years, not one single posse petition was read, but they were all stamped
[19:05.560 --> 19:06.560]  denied.
[19:06.560 --> 19:18.360]  Okay, I had a friend that had a case in Dallas, okay, and he became, you know, pretty good
[19:18.360 --> 19:24.320]  buddies with the female clerk there, and he had sent in a habeas petition, and one day
[19:24.320 --> 19:29.320]  he called the clerk and said, can you tell me the status of my petition, and she said,
[19:29.320 --> 19:35.440]  I'll tell you if you promise not to tell anybody, she said he took the petition, put a denied
[19:35.440 --> 19:40.520]  stamp on it, and never read one single word, okay, so I thought, well, maybe we've got
[19:40.520 --> 19:46.160]  something bigger here, well, now what we have is the indication that there are two docket
[19:46.160 --> 19:51.640]  sheets in the courts, and that those docket sheets, one of them is used by the court to
[19:51.640 --> 19:57.240]  manipulate the proceedings, okay, and the other one is the one that the public sees,
[19:57.240 --> 20:05.840]  and I do have the evidence on that for at least two cases, okay, so for whatever that's
[20:05.840 --> 20:12.320]  worth, I think it's going to take more investigation and more work to bring it out into the open
[20:12.320 --> 20:17.140]  and to force the courts to do what they're supposed to do, my belief is there's a presumption
[20:17.140 --> 20:24.400]  that if it's being done in one federal court, it's being done in all federal courts, and
[20:24.400 --> 20:29.400]  if it's being done in federal courts, it's being done in state courts, okay, so other
[20:29.400 --> 20:34.200]  than that, I'm pretty well, you know, finished on that.
[20:34.200 --> 20:42.280]  I am certainly willing to help ferret that out, because we have a case before Judge Sam
[20:42.280 --> 20:50.840]  Sparks, and I have absolutely no doubt that he did not read my petition, okay, because
[20:50.840 --> 20:58.280]  totally ignored it, and we're hammering him because of it, it was a challenge to the jurisdiction,
[20:58.280 --> 21:05.600]  he stepped over my challenge to the jurisdiction, and answered the U.S. Attorney's challenge
[21:05.600 --> 21:13.680]  to the jurisdiction, and dismissed with prejudice, and then threatened us with sanctions for
[21:13.680 --> 21:23.960]  filing in the first place, the problem is, Bonehead didn't read the pleadings, the challenge
[21:23.960 --> 21:32.440]  to jurisdiction by the U.S. Attorney stated that we made a claim against the FCC, and
[21:32.440 --> 21:40.300]  in our claim, we specifically excluded the FCC, we made our claim very specifically against
[21:40.300 --> 21:47.480]  a person claiming to act as an agent for the FCC, and we challenged that individual's agency
[21:47.480 --> 21:55.160]  in what the case law says, if someone removes a case to the state court for the purpose
[21:55.160 --> 22:01.840]  of petitioning for dismissal based on rule 12, lack of subject matter jurisdiction, that
[22:01.840 --> 22:03.840]  is a frivolous pleading.
[22:03.840 --> 22:04.840]  Okay.
[22:04.840 --> 22:10.360]  Removes it to the federal court, you mean, Randy?
[22:10.360 --> 22:14.800]  Yeah, removes to the federal court for the purpose of getting the federal court to dismiss
[22:14.800 --> 22:21.600]  for lack of subject matter jurisdiction, that is for frivolous pleading, and then the judge
[22:21.600 --> 22:26.960]  threatened us with sanctions, so I want to go right for his throat.
[22:26.960 --> 22:33.000]  Do you know the requirement for a judge to declare something frivolous?
[22:33.000 --> 22:35.320]  There is case law to this effect.
[22:35.320 --> 22:40.680]  In order to declare something frivolous, they have to make specific findings of fact and
[22:40.680 --> 22:46.240]  specific conclusions of law on all issues presented before they can even think about
[22:46.240 --> 22:49.240]  declaring something frivolous.
[22:49.240 --> 22:50.240]  Okay.
[22:50.240 --> 22:56.280]  One of the things we do in some of our pleadings is we'll put in a dummy argument to find out
[22:56.280 --> 22:59.720]  if they actually read it, and if they don't read it, we come right back with a court fraud
[22:59.720 --> 23:05.640]  argument, okay, that, you know, motion for reconsideration based on fraud by the court
[23:05.640 --> 23:11.800]  itself, okay, and we'll put in something like, to this effect, okay, maybe we'll have seven
[23:11.800 --> 23:19.560]  arguments, and the seventh argument will be the judge must issue a ruling in our favor
[23:19.560 --> 23:29.640]  because his wife is a 21-year-old blonde nymphomaniac, okay, and if they don't address that issue,
[23:29.640 --> 23:33.280]  then you know they have not read your pleadings.
[23:33.280 --> 23:34.280]  Exactly.
[23:34.280 --> 23:41.040]  If he doesn't get all upset, either she is.
[23:41.040 --> 23:47.760]  Well probably she isn't, but I mean, at least you know if he's actually read it or not.
[23:47.760 --> 23:48.760]  Yeah.
[23:48.760 --> 23:51.560]  I've mentioned that on the air before, and I really like that one.
[23:51.560 --> 23:59.240]  That's a good way to tell, and when I read what went on in this case, it was clear by
[23:59.240 --> 24:04.160]  the nature of his order that he had not read our pleadings.
[24:04.160 --> 24:08.040]  Well another thing is clear as well, and that is the fact that he didn't want to address
[24:08.040 --> 24:09.040]  your issues.
[24:09.040 --> 24:13.320]  Okay, so he was trying to find a way to avoid addressing them.
[24:13.320 --> 24:20.160]  Yeah, if that wasn't the case here, had he read our issues and was trying to avoid them,
[24:20.160 --> 24:21.480]  he would have been more artful.
[24:21.480 --> 24:22.480]  Oh, I see.
[24:22.480 --> 24:25.360]  But he stepped right into the bear trap.
[24:25.360 --> 24:26.360]  Okay.
[24:26.360 --> 24:29.360]  He then threatened us with sanctions.
[24:29.360 --> 24:39.240]  I considered that because we maintained that the FCC agent, or purported agent, had no
[24:39.240 --> 24:46.200]  proper oath and therefore had no agency, and was impersonating a public official, which
[24:46.200 --> 24:47.640]  is a state crime.
[24:47.640 --> 24:48.640]  Right.
[24:48.640 --> 24:56.080]  If FCC is not implicated simply because this guy made a pronouncement of FCC involvement.
[24:56.080 --> 24:57.080]  Okay.
[24:57.080 --> 25:03.840]  Since he had no authority to represent the FCC, the FCC is not invoked, neither is the
[25:03.840 --> 25:05.840]  federal authority.
[25:05.840 --> 25:12.960]  So the state would have authority and responsibility to prosecute him for impersonating a public
[25:12.960 --> 25:21.760]  official, but the U.S. attorney removed it to the federal court in order to shield that
[25:21.760 --> 25:29.280]  officer, that person, from prosecution in the state, and the judge dismissed with prejudice
[25:29.280 --> 25:38.320]  and issued the threat against us to keep us from pursuing prosecution of the person in
[25:38.320 --> 25:39.320]  the state court.
[25:39.320 --> 25:47.920]  And I call that an act of preemption of state law and shielding from prosecution, tampering
[25:47.920 --> 25:50.440]  with the witness.
[25:50.440 --> 25:56.280]  Okay, all right, well, I'll give you some information that probably will help you later.
[25:56.280 --> 25:57.280]  Thank you.
[25:57.280 --> 25:58.280]  Thanks, Tony.
[25:58.280 --> 26:01.280]  Okay, guys, guys, I appreciate it, and if you ever need me again, give me a call.
[26:01.280 --> 26:02.280]  All right, thanks, Tony.
[26:02.280 --> 26:03.280]  Excellent information.
[26:03.280 --> 26:04.280]  Okay, bye.
[26:04.280 --> 26:05.280]  Bye-bye.
[26:05.280 --> 26:07.280]  Okay, we're going now to Michael in Texas.
[26:07.280 --> 26:08.800]  Michael, thanks for calling in.
[26:08.800 --> 26:09.800]  What's on your mind tonight?
[26:09.800 --> 26:10.800]  Oh, hey, thanks.
[26:10.800 --> 26:11.800]  No problem.
[26:11.800 --> 26:16.320]  I've started listening to you guys on the way home from class, and you guys are really
[26:16.320 --> 26:17.320]  interesting.
[26:17.320 --> 26:23.960]  I'm calling on behalf of my father, he's an adjunct teacher at a local junior college
[26:23.960 --> 26:30.520]  in eastern Texas, and he's had some discipline issues with one of his students, and he's
[26:30.520 --> 26:38.520]  notified many times, like, you know, his supervisor, and the child keeps acting out.
[26:38.520 --> 26:46.080]  Well, one day they were going into a lab, and there appeared to be, like, some sort
[26:46.080 --> 26:52.000]  of, like, a fall chairing, and my father thought, chair falling, excuse me, my father thought
[26:52.000 --> 26:56.040]  that he had thrown something to the ground, and in the lab you can't be playing around
[26:56.040 --> 27:00.840]  because there's a lot of expensive equipment, so on and so forth, so he tells them to leave
[27:00.840 --> 27:01.840]  and get out.
[27:01.840 --> 27:07.480]  Well, they, the kid starts raising his voice, and he said, let's go, you know, but he didn't
[27:07.480 --> 27:08.480]  touch him or anything.
[27:08.480 --> 27:13.920]  He brings him to his supervisor, who's teaching another class in the other room, and, you
[27:13.920 --> 27:18.640]  know, they both tell the story of what happened, and the kid's like, all right, you know, or
[27:18.640 --> 27:23.200]  the supervisor's like, hey, you're going to have to leave, you know, get out of here.
[27:23.200 --> 27:29.160]  Anyways, about 20 minutes later, the young man comes back in the classroom, and he's
[27:29.160 --> 27:32.880]  like, you can't make me leave, he's trying to make a scene, you know, he's trying to
[27:32.880 --> 27:41.480]  instigate, I guess, something from my father, you know, and there's no reaction, and my
[27:41.480 --> 27:46.920]  father gets a call two days later on Monday, and he says, hey, it's the campus police,
[27:46.920 --> 27:52.120]  and they're saying, hey, you need to come down here and fill out a statement because
[27:52.120 --> 27:58.080]  this young man has filed assault charges on you, and I was just wondering about, you know,
[27:58.080 --> 28:04.200]  what's the legal definition of assault, and if he falsely accuses my father of that, is
[28:04.200 --> 28:13.360]  there a legal course of action my father can file against him for filing false charges
[28:13.360 --> 28:14.360]  or something?
[28:14.360 --> 28:15.360]  Oh, absolutely.
[28:15.360 --> 28:25.320]  Okay, assault, if a person, let me, I've got to look it up, but simple assault is a touching
[28:25.320 --> 28:26.320]  or a threat.
[28:26.320 --> 28:27.320]  Wow.
[28:27.320 --> 28:35.880]  Give me just a second, I'll find it here, assault is 22, I think, penal code.
[28:35.880 --> 28:40.680]  Let me mute for just a second.
[28:40.680 --> 28:56.480]  Okay, 22, 22, 22, according to what I've learned, assault, a person commits an offense
[28:56.480 --> 29:04.280]  if the person intentionally, knowingly, or recklessly causes bodily injury to another
[29:04.280 --> 29:07.480]  including the person's spouse.
[29:07.480 --> 29:13.840]  Number two, intentionally or knowingly threatens another with imminent bodily injury including
[29:13.840 --> 29:21.880]  the person's spouse, or intentionally or knowingly causes physical contact with another
[29:21.880 --> 29:27.120]  when the person knows or should reasonably believe that the other will regard the contact
[29:27.120 --> 29:29.720]  as offensive or provocative.
[29:29.720 --> 29:39.680]  Now, in the world we live in, the courts and the police tend to only consider assault by
[29:39.680 --> 29:40.680]  contact.
[29:40.680 --> 29:44.800]  If there's no contact, they tend not to want to pursue prosecution.
[29:44.800 --> 29:51.240]  So, the guy would have had to claim physical touching, okay, we're about to go to break,
[29:51.240 --> 29:56.000]  hang on, we will address this on the other side, Randy Kelton, Deborah Stevens, Eddie
[29:56.000 --> 29:59.880]  Craig, we'll be right back.
[29:59.880 --> 30:04.440]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[30:46.200 --> 30:49.200]  or email michaelmears at yahoo.com.
[30:49.200 --> 30:56.880]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[30:56.880 --> 31:24.880]  To learn how to stop debt collectors now.
[31:27.480 --> 31:42.880]  I won't let you pull the wool over my eyes I barely must refuse, your nose also doesn't
[31:42.880 --> 31:49.880]  lie It seems you like to say but please take some
[31:49.880 --> 31:55.880]  words to the wise Please stop trying to pull the wool
[31:55.880 --> 32:00.880]  over my eyes
[32:25.880 --> 32:35.880]  An orange is an orange and will never be an apple
[32:35.880 --> 32:44.880]  This image is a nope, it is no tough concept to grapple
[32:44.880 --> 32:52.880]  It's just too much to bear, I won't wear your evil shackles
[32:52.880 --> 33:01.880]  A bluebird is a bluebird and will never be a grackle
[33:01.880 --> 33:08.880]  Yeah
[33:08.880 --> 33:31.880]  Please stop this mess
[33:31.880 --> 33:39.880]  Can you say cover up, what's up, get got your gun
[33:39.880 --> 33:46.880]  Please open your eyes further, don't help murder these soldiers so young
[33:46.880 --> 33:50.880]  To profit from criminals
[33:50.880 --> 33:54.880]  Okay, we are back and we're speaking with Michael in Texas.
[33:54.880 --> 33:56.880]  Alright, go ahead Michael.
[33:56.880 --> 34:03.880]  Okay, well he was I was going to ask again that you know I guess some of the students
[34:03.880 --> 34:10.880]  might have you know conspired to maybe say yeah he did put his hands on him but there
[34:10.880 --> 34:15.880]  is a substantial amount of the students who would vouch for my father and say no no contact
[34:15.880 --> 34:16.880]  was made.
[34:16.880 --> 34:25.880]  Okay even if contact was made the this is not a encounter on the street this is a structured
[34:25.880 --> 34:36.880]  environment and in this structured environment the professor or the instructor is essentially
[34:36.880 --> 34:45.880]  responsible for the safety of all of the students in the classroom so he has a special duty
[34:45.880 --> 34:52.880]  he has a fiduciary duty to everybody else in the classroom so for him to be able to
[34:52.880 --> 34:58.880]  make this accusation I would suggest that your father make an accusation against him
[34:58.880 --> 35:01.880]  of criminal trespass.
[35:01.880 --> 35:02.880]  Okay.
[35:02.880 --> 35:08.880]  That he created a disturbance was asked to leave and failed to leave well he's going
[35:08.880 --> 35:16.880]  to claim that he had a contractual right to be there and you'll claim that he by his adolescent
[35:16.880 --> 35:23.880]  behavior he violated his contract and lost his right to be there so your father should
[35:23.880 --> 35:30.880]  file criminal trespass against him and not for the purpose of getting him convicted or
[35:30.880 --> 35:33.880]  prosecuted for criminal trespass.
[35:33.880 --> 35:38.880]  Your father is the teacher teach him that you want to play hardball?
[35:38.880 --> 35:39.880]  Yes.
[35:39.880 --> 35:45.880]  You might get hardball Bubba and I have absolutely no doubt that if the professor goes to the
[35:45.880 --> 35:52.880]  campus police and says you know the child has a problem he has an authority issue let's
[35:52.880 --> 35:56.880]  help him with the issue that they will work with him.
[35:56.880 --> 36:07.880]  I had a friend came to me and was complaining that a 10 year old accused you know he had
[36:07.880 --> 36:16.880]  he had a 10 year old daughter and was asking her to perform some outrageous sexual acts
[36:16.880 --> 36:17.880]  with him.
[36:17.880 --> 36:18.880]  Why?
[36:18.880 --> 36:28.880]  I mean when he told me holy crap Yola and he was upset because the teacher the principal
[36:28.880 --> 36:34.880]  called his daughter in and a friend of his daughter to take a statement and recorded
[36:34.880 --> 36:43.880]  it and I said Ed if you were the principal what would you do?
[36:43.880 --> 36:48.880]  These are 10 year olds they're not even supposed to think about this kind of stuff now what
[36:48.880 --> 36:53.880]  are you going to do go to this kid's parents and say he's making these kind of outrageously
[36:53.880 --> 36:59.880]  explicit requests of this girl they're going to say you're out of your mind.
[36:59.880 --> 37:05.880]  I would record it play it for the city council I mean the school board and tell the school
[37:05.880 --> 37:06.880]  board handle it.
[37:06.880 --> 37:11.880]  He came back a week later and he said well you know Randy you're not as dumb as you look.
[37:11.880 --> 37:16.880]  Oh yeah let's play it for the school board and totally embarrass this little girl.
[37:16.880 --> 37:22.880]  No this is all in private this is an executive section this is all in executive session he
[37:22.880 --> 37:28.880]  didn't want to touch it he said this is bad news and then I suggested that he call the
[37:28.880 --> 37:33.880]  police and he said man I don't want to get these kids arrested come on.
[37:33.880 --> 37:39.880]  The police are grown ups they're not children and if you have a police officer at the school
[37:39.880 --> 37:45.880]  he's he or she is there because they know how to deal with children so he called the
[37:45.880 --> 37:49.880]  sheriff's department he said look and we're having this problem and the school is having
[37:49.880 --> 37:53.880]  a problem and how to deal with it can you help us with it they said oh sure no problem
[37:53.880 --> 38:00.880]  he'll be with it and they go down to the school and walk into the school room and just make
[38:00.880 --> 38:07.880]  this big production and take this kid out and just read him the riot act all of the
[38:07.880 --> 38:10.880]  horrible things they're going to do to him if he keeps doing the stuff.
[38:10.880 --> 38:17.880]  Now you get back in that school room and you conduct yourself like an adult get in there
[38:17.880 --> 38:22.880]  and he came to me later he said you know you were right so it's not appropriate for us
[38:22.880 --> 38:27.880]  to always assume that the police are bad guys they're human beings like us especially in
[38:27.880 --> 38:35.880]  a school setting I have no doubt if your father goes to the police that they can help this
[38:35.880 --> 38:45.880]  child gain a learning experience that won't do him any harm if they don't do that he's
[38:45.880 --> 38:50.880]  likely to do something incredibly outrageous down the road and everybody will look around
[38:50.880 --> 38:58.880]  and say what's wrong didn't anybody see it coming yeah this is not about your dad your
[38:58.880 --> 39:05.880]  dad's grown up this is about a child who hasn't learned some lessons or who has learned some
[39:05.880 --> 39:07.880]  incredibly bad lessons.
[39:07.880 --> 39:13.880]  And then I had thank you very much I had one more question though so he hasn't filed a
[39:13.880 --> 39:20.880]  statement yet and one of his friends suggested that he not file a statement because they
[39:20.880 --> 39:24.880]  might be able to use that against him in court or should he actually go in?
[39:24.880 --> 39:33.880]  No no no look this is a student teacher relationship and in spite of the bad stuff we hear about
[39:33.880 --> 39:41.880]  all the police this is not that bad this is a more controlled environment and your dad
[39:41.880 --> 39:48.880]  should definitely give a statement otherwise it will create an adverse inference of his
[39:48.880 --> 39:52.880]  improprieties and you know they're going to talk to the other students they're going to
[39:52.880 --> 39:59.880]  get a history on this guy but instead of letting the police just jerk this kid around your
[39:59.880 --> 40:05.880]  dad might want to go in and talk to the police and say hey what can we do to help give him
[40:05.880 --> 40:10.880]  a good learning experience that's not going to damage his whole life this is a school
[40:10.880 --> 40:13.880]  here and we're here to teach these children.
[40:13.880 --> 40:15.880]  Yeah that's a good idea.
[40:15.880 --> 40:20.880]  You and I are grown ups and you know I had to keep telling my children I said look guys
[40:20.880 --> 40:29.880]  don't give me this crap Ola I was 15 once and then I was 16 and 17 and 18 and 20 you
[40:29.880 --> 40:36.880]  think I don't know what's going on come on give me a break and it's our place to teach
[40:36.880 --> 40:42.880]  the children my father when he died he was probably about the most ignorant SOB I had
[40:42.880 --> 40:48.880]  ever come across in my life however he's been dead about 40 years.
[40:48.880 --> 40:50.880]  My apologies sir.
[40:50.880 --> 40:59.880]  And frankly he gets smarter every year and it is our job as adults not to take what the
[40:59.880 --> 41:07.880]  child is doing personally but realize that for whatever reasons his parents fail to give
[41:07.880 --> 41:14.880]  him a good education in how to live with human beings and I think if he puts his head together
[41:14.880 --> 41:19.880]  with the police they can probably give him a good learning experience.
[41:19.880 --> 41:23.880]  Okay well thank you very much I appreciate you continuing to listen to you guys and I
[41:23.880 --> 41:25.880]  love what you all do so.
[41:25.880 --> 41:29.880]  And thank you very much and if he has any problem call me I may be able to offer him
[41:29.880 --> 41:32.880]  some really innovative suggestions.
[41:32.880 --> 41:33.880]  Okay.
[41:33.880 --> 41:40.880]  When the police called me and told me they had found my son who was 13 or 14 with three
[41:40.880 --> 41:47.880]  or four other kids driving around in the school parking lot drinking beer and I come down
[41:47.880 --> 41:52.880]  there and I walked over to the car and all these kids they started explaining all their
[41:52.880 --> 41:55.880]  stuff and I said just shut up I don't want to hear it.
[41:55.880 --> 42:00.880]  You sit here and you be quiet and they all really liked me because I'm always on their
[42:00.880 --> 42:07.880]  side and I stormed over to the police officer's car and he was leery of me anyway because
[42:07.880 --> 42:13.880]  I had made the mayor and one of the city councilman stand trial in the city hall about a month
[42:13.880 --> 42:20.880]  before and he had to choke down one of the city councilman's husband to keep him off
[42:20.880 --> 42:28.880]  of me to keep me from knocking him out so he was kind of leery of me anyway and I walked
[42:28.880 --> 42:34.880]  over to him and I said I have a problem and he got real tense and he said what's that
[42:34.880 --> 42:36.880]  Mr. Kelton?
[42:36.880 --> 42:39.880]  This is not lasting long enough.
[42:39.880 --> 42:41.880]  Huh?
[42:41.880 --> 42:49.880]  What can we do to give them some real serious grief that won't ruin the rest of their lives?
[42:49.880 --> 42:54.880]  Can you make them go down and pick up cigarette butts in front of all of their friends and
[42:54.880 --> 42:59.880]  buddies at school so everybody will laugh at them and ridicule them and he really relaxed
[42:59.880 --> 43:02.880]  because he realized I'm not mad at him.
[43:02.880 --> 43:07.880]  The guy could have arrested them all for a DUI but he didn't.
[43:07.880 --> 43:15.880]  He called every one of them's parents and I was the only one he could get and this is
[43:15.880 --> 43:21.880]  something my father taught me and it wasn't until I was a grown man that I understood
[43:21.880 --> 43:22.880]  it.
[43:22.880 --> 43:30.880]  Everything my father ever did in front of me was a teaching experience and it was my
[43:30.880 --> 43:33.880]  job to always teach.
[43:33.880 --> 43:38.880]  We never had that problem with those children again and I'll tell you why when we get back
[43:38.880 --> 43:41.880]  and I'll make it short so we can move ahead.
[43:41.880 --> 43:46.880]  And we've got Dan from Connecticut on the line so Dan just stay there.
[43:46.880 --> 43:59.880]  Callers if you'd like to call in 512-646-1984 we will be right back.
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[45:08.880 --> 45:23.880]  Thank you very much.
[45:39.880 --> 45:44.880]  I'm just here making my living pushing buttons.
[45:44.880 --> 45:50.880]  I get my message out to anyone in short and distance.
[45:50.880 --> 45:56.880]  I hope for bravery and against slavery showing persistence.
[45:56.880 --> 46:01.880]  First I'm crawling then I'm walking then I start strutting.
[46:01.880 --> 46:17.880]  I'm just so glad to make my living pushing buttons.
[46:17.880 --> 46:20.880]  Okay go ahead Randy you were talking about your dad.
[46:20.880 --> 46:22.880]  I knew we were going to go to Dan in Connecticut.
[46:22.880 --> 46:27.880]  Okay yeah my dad was about, when he died he was about the dumbest old SOB I ever knew
[46:27.880 --> 46:33.880]  but you know as I got older I realized I thought back on the things that he did
[46:33.880 --> 46:40.880]  and clearly everything he did was an attempt to, was a teaching experience.
[46:40.880 --> 46:46.880]  My son, my older brother asked me once he was telling me about some problems he was having with his kids
[46:46.880 --> 46:54.880]  and he said, he stopped and he said you know Randall I don't remember you ever talking about the troubles you had with your kids
[46:54.880 --> 46:59.880]  and I thought about it and I said well I don't know that I ever had any.
[46:59.880 --> 47:04.880]  Well didn't he ever do anything? Oh yeah he'd pull stuff all the time
[47:04.880 --> 47:09.880]  but that was just an opportunity to teach them.
[47:09.880 --> 47:14.880]  I learned that valuable lesson from my old ignorant sharecropper dad
[47:14.880 --> 47:19.880]  that didn't get past the fourth grade, had to quit and go to work on the farm.
[47:19.880 --> 47:24.880]  He didn't have the college education but he had the wisdom
[47:24.880 --> 47:29.880]  and I hope that I was able to impart that to my children
[47:29.880 --> 47:36.880]  and I always hope that I never did anything to my children personal
[47:36.880 --> 47:39.880]  or because they frustrated me or angered me
[47:39.880 --> 47:47.880]  but that everything I did with my children was for the purpose of teaching them life's lessons
[47:47.880 --> 48:01.880]  and I suspect that your dad has an unusual opportunity to give this child a gift that he can carry the rest of his life.
[48:01.880 --> 48:09.880]  If he's careful and engages these other police but if he engages the police I have no doubt they will assist him.
[48:09.880 --> 48:13.880]  Just give them something they can do that they feel is positive.
[48:13.880 --> 48:21.880]  When my friend called the police about this child and asked them if there was something they can do
[48:21.880 --> 48:28.880]  they talked to him and they talked to the principal and all of the things they did was choreographed.
[48:28.880 --> 48:31.880]  Everybody was working together.
[48:31.880 --> 48:33.880]  Nobody wanted to harm the child.
[48:33.880 --> 48:38.880]  Everything they did was about helping him find a different way to be.
[48:38.880 --> 48:42.880]  If his parents couldn't teach him that then it was their place.
[48:42.880 --> 48:47.880]  Your father being in college it's a little more difficult
[48:47.880 --> 48:54.880]  but there are lots of techniques available to us and I suspect your dad knows a lot of them.
[48:54.880 --> 49:00.880]  He doesn't have to worry about what the child is claiming almost certainly.
[49:00.880 --> 49:03.880]  Even the children's parents will know what he's doing
[49:03.880 --> 49:09.880]  but if they handle it right they'll be able to give him a pattern interruption
[49:09.880 --> 49:12.880]  that he'll come away with more respect.
[49:12.880 --> 49:14.880]  Anyway, okay.
[49:14.880 --> 49:15.880]  Thank you.
[49:15.880 --> 49:18.880]  Alright, thanks Michael.
[49:18.880 --> 49:19.880]  You guys, bye.
[49:19.880 --> 49:21.880]  Okay, thank you.
[49:21.880 --> 49:24.880]  Okay, we're going now to Dan in Connecticut.
[49:24.880 --> 49:27.880]  Dan, thanks for calling in. What's on your mind tonight?
[49:27.880 --> 49:29.880]  The real troublemaker.
[49:29.880 --> 49:31.880]  Oh yes, the little troublemaker.
[49:31.880 --> 49:33.880]  Randy, are you in front of your email right now?
[49:33.880 --> 49:35.880]  I can be, yes. Let me pull it up.
[49:35.880 --> 49:45.880]  Yes, you have an email titled Judge Wapner Fan Club in parentheses motion.
[49:45.880 --> 49:53.880]  Let's see, Judge Wapner.
[49:53.880 --> 49:55.880]  Give us the gist of it, Dan.
[49:55.880 --> 50:02.880]  Okay, well anyway the gist of it, well this was a motion filed for my friend there that was in a coma
[50:02.880 --> 50:07.880]  who was arrested for willful failure to appear because he was in a coma.
[50:07.880 --> 50:10.880]  Anyway, you know the joke on that.
[50:10.880 --> 50:13.880]  Could you fill your colostomy bag if you mean yes?
[50:13.880 --> 50:16.880]  See, he didn't fill it. He means no.
[50:16.880 --> 50:22.880]  Well, someone sent me an email about things that attorneys said
[50:22.880 --> 50:25.880]  and one of my favorites was, he's asking a coroner,
[50:25.880 --> 50:33.880]  when you did the autopsy, are you sure that the person was deceased?
[50:33.880 --> 50:38.880]  Well, I think so. It's generally better if we wait until they're dead.
[50:38.880 --> 50:43.880]  They don't object quite so much.
[50:43.880 --> 50:46.880]  Yeah, anyway, is that a particular motion there?
[50:46.880 --> 50:51.880]  I was kind of disappointed because he didn't quite fight it as much as I thought he would.
[50:51.880 --> 50:55.880]  But instead of having all of his issues on one day,
[50:55.880 --> 51:00.880]  they decided to deal with the drive-in while poor issues on the first day.
[51:00.880 --> 51:04.880]  And there's a criminal charge that's coming up next week.
[51:04.880 --> 51:05.880]  But here's what happened.
[51:05.880 --> 51:10.880]  I just wanted to let you guys know about this before I move into the other thing.
[51:10.880 --> 51:16.880]  They told him if he did not file this motion, instead of fining him $400,
[51:16.880 --> 51:20.880]  they would only fine him $150, and they would give him three months to pay it.
[51:20.880 --> 51:26.880]  Whoa, that's tampering with a witness.
[51:26.880 --> 51:29.880]  Yes, yes.
[51:29.880 --> 51:37.880]  So him being him, I was kind of disappointed because his goal is not to revoke his probation
[51:37.880 --> 51:40.880]  and not be able to get on with his life.
[51:40.880 --> 51:44.880]  So he figured, oh, it's just the motor vehicle stuff, whatever.
[51:44.880 --> 51:50.880]  But in any case, in that motion, we're basically saying, motion to dismiss.
[51:50.880 --> 51:54.880]  The clerk had me unlawfully restrained.
[51:54.880 --> 51:59.880]  We basically nailed them right there because the clerk did not have access to all the documents,
[51:59.880 --> 52:03.880]  pretty much admitting that the prosecutor had most of them.
[52:03.880 --> 52:10.880]  The clerk denied him access, and this happened right in front of me, to all of his case files.
[52:10.880 --> 52:14.880]  And of course, you know, the prosecutor refused to accept service
[52:14.880 --> 52:19.880]  of two of the motor vehicle motions for a fair trial.
[52:19.880 --> 52:25.880]  So we lumped all of that right there, and it was pretty much like, yeah, we got you.
[52:25.880 --> 52:33.880]  What would probably have been more devastating to them was that if you had pursued action
[52:33.880 --> 52:40.880]  against them as a third party, they got nothing on you.
[52:40.880 --> 52:42.880]  Yeah, I've already got it written up.
[52:42.880 --> 52:44.880]  I just need to get down there.
[52:44.880 --> 52:48.880]  But, you know, circumstances with things the way they are, new kid and all,
[52:48.880 --> 52:52.880]  I mean, it's just going to take me another week or so.
[52:52.880 --> 52:54.880]  But it definitely will get done.
[52:54.880 --> 52:59.880]  Second of all, did you hear about the latest Bivens action?
[52:59.880 --> 53:01.880]  Apparently not.
[53:01.880 --> 53:07.880]  Do you familiar with Webster Bivens versus four unknown federal agents, right?
[53:07.880 --> 53:10.880]  Yeah, well, that's the original Bivens case, yeah.
[53:10.880 --> 53:16.880]  Yeah, somebody in their infinite wisdom decided to use the Bivens doctrine
[53:16.880 --> 53:23.880]  to go after these securities and exchanges commissioners for the last, what was it,
[53:23.880 --> 53:29.880]  eight years, and they're suing them for $3.5 trillion.
[53:29.880 --> 53:31.880]  I think I could like these guys.
[53:31.880 --> 53:37.880]  Yeah, and the weird thing about America is you have to go to foreign media
[53:37.880 --> 53:41.880]  to actually find out what's happening in your own country.
[53:41.880 --> 53:49.880]  But apparently the SEC set up this dummy corporation initially to catch securities
[53:49.880 --> 53:57.880]  and exchanges frauds, but what they did is they sold fictitious stock that never existed,
[53:57.880 --> 54:04.880]  and they ended up burning the plaintiffs to the tune of $3.5 trillion.
[54:04.880 --> 54:09.880]  Oh, I have heard of this, that it was intended as a sting,
[54:09.880 --> 54:14.880]  but they made so much money that they kept the money.
[54:14.880 --> 54:17.880]  Yeah, I was kind of surprised you hadn't mentioned it yet.
[54:17.880 --> 54:19.880]  I just wanted to call in and see if you'd heard of it.
[54:19.880 --> 54:23.880]  But, you know, this was the first I'd heard of Bivens,
[54:23.880 --> 54:29.880]  but now that I have that tool, I'm kind of thinking how can I use this?
[54:29.880 --> 54:33.880]  Oh, Bivens was actually, that was a pivotal case.
[54:33.880 --> 54:41.880]  That was the first time that the Fed authorized going after their own officials.
[54:41.880 --> 54:43.880]  And I looked into it, and here's the thing.
[54:43.880 --> 54:46.880]  I wasn't sure if I wanted to laugh or cry,
[54:46.880 --> 54:50.880]  but I guess the dissenting opinion in that case was,
[54:50.880 --> 54:53.880]  well, if we go ahead and go through with this,
[54:53.880 --> 54:59.880]  we're going to create so many more court cases, and I'm going, wow.
[54:59.880 --> 55:01.880]  Okay, your point is?
[55:01.880 --> 55:04.880]  Yeah, it's like, would you like some wine with your cheese?
[55:04.880 --> 55:08.880]  I hear the smallest violin in the world playing a tune for you.
[55:08.880 --> 55:12.880]  Yeah, that's relevant to how?
[55:12.880 --> 55:17.880]  Oh, wait, your job is a judge. That's right. You do these things.
[55:17.880 --> 55:23.880]  That just ensures your employment.
[55:23.880 --> 55:26.880]  Yeah, anyway, I just wanted to let you know about that,
[55:26.880 --> 55:28.880]  but I didn't think of tampering with a witness,
[55:28.880 --> 55:32.880]  but I know the guy's next court date is on the 14th,
[55:32.880 --> 55:34.880]  and that's when the criminal thing comes up.
[55:34.880 --> 55:37.880]  But if you'll notice on the motion, I don't know if you have it pulled up already,
[55:37.880 --> 55:41.880]  I threw that together in the course of about a half hour,
[55:41.880 --> 55:45.880]  which is, you know, this thing kind of gets amazingly fast after a while.
[55:45.880 --> 55:48.880]  But I threw in all three case numbers,
[55:48.880 --> 55:51.880]  so now that they've agreed to lower the fine anyway,
[55:51.880 --> 55:53.880]  he can still move to dismiss it.
[55:53.880 --> 55:56.880]  This is not bad for a chump.
[55:56.880 --> 55:59.880]  Yeah, I didn't think so, and I'm just kind of a hack.
[55:59.880 --> 56:02.880]  It's not like I'm running around with a jurist doctor or anything.
[56:02.880 --> 56:06.880]  Okay, there's a skill you need to hone.
[56:06.880 --> 56:13.880]  It's my primary skill. I'm an expert plagiarist.
[56:13.880 --> 56:17.880]  I go steal everybody else's stuff.
[56:17.880 --> 56:20.880]  So this is a nice piece of work.
[56:20.880 --> 56:25.880]  Yeah, I mean, the problem with me as a writer, I've kind of grown averse to that,
[56:25.880 --> 56:28.880]  but I mean, when it comes to this stuff, I gladly do it,
[56:28.880 --> 56:32.880]  and everybody I do it from, as you know, is glad that I've done it.
[56:32.880 --> 56:36.880]  Yeah, I write. There's a book I'm writing,
[56:36.880 --> 56:45.880]  and I try very carefully to establish my own hand that's uniquely different from everyone else.
[56:45.880 --> 56:50.880]  But when I do legal documents, I'm a plagiarist.
[56:50.880 --> 56:52.880]  I find a good turn of phrase.
[56:52.880 --> 56:58.880]  I look for good turns of phrase, and I steal it.
[56:58.880 --> 57:03.880]  Steve Skidmore, he was on earlier.
[57:03.880 --> 57:09.880]  A while back, I looked at one of his pleadings, and I just ripped him to pieces.
[57:09.880 --> 57:13.880]  No slack. This is a piece of crapola.
[57:13.880 --> 57:18.880]  The last pleading he gave me, I stole it.
[57:18.880 --> 57:24.880]  It was one nice piece of work.
[57:24.880 --> 57:28.880]  So I'm supposed to chump him on the air at every opportunity, but I have to give him credit.
[57:28.880 --> 57:35.880]  That was a nice, it was a motion for summer judgment, and it was nicely done.
[57:35.880 --> 57:41.880]  So it pleased me greatly to see that someone had taken my criticism to heart
[57:41.880 --> 57:46.880]  and created documents I could steal.
[57:46.880 --> 57:51.880]  Yeah, but I want to tell you one more thing that really pleases me before I let you go.
[57:51.880 --> 57:55.880]  When this guy was having motor vehicle issues, I was telling his wife, I'm like,
[57:55.880 --> 58:00.880]  hey, you might want to check out this guy, Dave Merland.
[58:00.880 --> 58:05.880]  And they were so got into it, it was great.
[58:05.880 --> 58:09.880]  I used to mispronounce his name on purpose.
[58:09.880 --> 58:13.880]  But anyway, I'll let you guys go, keep up the good work, and blaze your eyes away.
[58:13.880 --> 58:15.880]  All right, thanks, Dan.
[58:15.880 --> 58:16.880]  Thank you, Dan.
[58:16.880 --> 58:19.880]  Okay, we're going to the top of the hour break now.
[58:19.880 --> 58:21.880]  We've got one hour left.
[58:21.880 --> 58:25.880]  We've got Chad from Texas, a first-time caller. We also have Mark from Wisconsin.
[58:25.880 --> 58:28.880]  So Chad, you are up next.
[58:28.880 --> 58:32.880]  And Randy, since you seem to have so much trouble pronouncing people's names,
[58:32.880 --> 58:35.880]  this is Chad.
[58:35.880 --> 58:38.880]  Okay, we're going to have to read Chad.
[58:38.880 --> 58:42.880]  And we have Mark coming up.
[58:42.880 --> 58:49.880]  All right, callers, if you'd like to call in, 512-646-1984.
[58:49.880 --> 58:52.880]  We'll be right back.
[59:19.880 --> 59:22.880]  Thank you.
[59:49.880 --> 01:00:04.880]  This news brief brought to you by the International News Net.
[01:00:04.880 --> 01:00:09.880]  Media mogul Rupert Murdoch ripped into the New York Times at the National Press Club Thursday
[01:00:09.880 --> 01:00:14.880]  as a media outlet with an agenda focused on anything Mr. Obama wants.
[01:00:14.880 --> 01:00:21.880]  Murdoch, who owns Fox News, deadpanned, we have both sides in our news shows.
[01:00:21.880 --> 01:00:28.880]  The families of two Reuters news agency employees killed in a 2007 U.S. helicopter attack in Bad Dag
[01:00:28.880 --> 01:00:31.880]  said Thursday the Americans responsible should stand trial.
[01:00:31.880 --> 01:00:37.880]  The families of Sahid Shema, a Reuters driver, and Namir Hussein, a photographer,
[01:00:37.880 --> 01:00:40.880]  said they'd receive no compensation.
[01:00:40.880 --> 01:00:45.880]  Israeli Prime Minister Benjamin Netanyahu has canceled a planned trip to Washington next week
[01:00:45.880 --> 01:00:48.880]  for Barack Obama's nuclear security conference.
[01:00:48.880 --> 01:00:51.880]  He made the decision after learning Egypt and Turkey
[01:00:51.880 --> 01:00:55.880]  intended to raise the issue of Israel's atomic arsenal.
[01:00:55.880 --> 01:00:59.880]  This news brief brought to you by the International News Net.
[01:00:59.880 --> 01:01:04.880]  Israeli journalist Anat Kam, who has been charged with leaking classified military documents
[01:01:04.880 --> 01:01:07.880]  suggesting the Israeli military breached a court order
[01:01:07.880 --> 01:01:10.880]  on assassinations in the occupied West Bank,
[01:01:10.880 --> 01:01:14.880]  goes on trial in two weeks and faces up to 14 years in jail.
[01:01:14.880 --> 01:01:18.880]  A court-imposed gagging order is preventing media coverage in Israel.
[01:01:18.880 --> 01:01:23.880]  Kam is accused of copying military documents and passing them to the Israeli newspaper Haritz.
[01:01:23.880 --> 01:01:28.880]  A Haritz journalist Yuri Blau, who has been linked in Internet reports to the case,
[01:01:28.880 --> 01:01:30.880]  is now in hiding in London.
[01:01:30.880 --> 01:01:36.880]  Attention has focused on an investigation Haritz published on the Israeli military's assassination policy
[01:01:36.880 --> 01:01:42.880]  in November 2008, written by Yuri Blau and headlined, quote, license to kill.
[01:01:42.880 --> 01:01:46.880]  This news brief brought to you by the International News Net.
[01:01:46.880 --> 01:01:49.880]  Kyrgyzstan's new leaders reassured Washington Thursday
[01:01:49.880 --> 01:01:54.880]  it can continue to use the strategic Manas airbase near the capital Bishkek
[01:01:54.880 --> 01:01:58.880]  as a supply link for U.S. operations in Afghanistan.
[01:01:58.880 --> 01:02:01.880]  But Rosa Oltun Bayova, head of the interim government,
[01:02:01.880 --> 01:02:03.880]  said new issues needed to be considered,
[01:02:03.880 --> 01:02:08.880]  suggesting the new government may seek an increase in the $60 million annual rent.
[01:02:08.880 --> 01:02:14.880]  On Wednesday, anti-government protesters overthrew the government of President Kermanbek Bakiyev
[01:02:14.880 --> 01:02:16.880]  in a brief but violent uprising.
[01:02:16.880 --> 01:02:19.880]  Up to 100 people were killed and hundreds injured.
[01:02:19.880 --> 01:02:23.880]  Last year, the country's parliament voted to close the base.
[01:02:23.880 --> 01:02:29.880]  But after Barack Obama intervened, Washington agreed to triple the rent to $60 million a year.
[01:02:29.880 --> 01:02:34.880]  Kyrgyzstan renewed the contract but renamed the base a transit center
[01:02:34.880 --> 01:02:38.880]  and imposed the condition that the U.S. use the Manas base
[01:02:38.880 --> 01:02:42.880]  for the transit of non-lethal goods to Afghanistan.
[01:02:42.880 --> 01:03:00.880]  Moscow has been increasingly concerned about the U.S. military's stay on its neighbor's soil.
[01:03:00.880 --> 01:03:19.880]  You are listening to the Rule of Law Radio Network at rulelawradio.com, live free speech talk radio at its best.
[01:03:19.880 --> 01:03:43.880]  Okay, we are back.
[01:03:43.880 --> 01:03:47.880]  We will occupy our Father's house until he returns, our good Lord Jesus.
[01:03:47.880 --> 01:03:51.880]  All right, we are going now to Chad in Texas.
[01:03:51.880 --> 01:03:53.880]  Chad, thank you for calling in.
[01:03:53.880 --> 01:03:54.880]  What is on your mind tonight?
[01:03:54.880 --> 01:03:55.880]  What's your question?
[01:03:55.880 --> 01:03:58.880]  Hey, I had a question about a speeding ticket.
[01:03:58.880 --> 01:03:59.880]  Oh, okay.
[01:03:59.880 --> 01:04:00.880]  You called the right place.
[01:04:00.880 --> 01:04:01.880]  We've got Eddie.
[01:04:01.880 --> 01:04:02.880]  He's the traffic ticket guy.
[01:04:02.880 --> 01:04:03.880]  Great.
[01:04:03.880 --> 01:04:04.880]  Where are you at?
[01:04:04.880 --> 01:04:05.880]  Austin.
[01:04:05.880 --> 01:04:06.880]  All right.
[01:04:06.880 --> 01:04:07.880]  What's going on?
[01:04:07.880 --> 01:04:10.880]  The ticket was actually in Columbus.
[01:04:10.880 --> 01:04:15.880]  Georgia, Ohio or Texas?
[01:04:15.880 --> 01:04:17.880]  Columbus, Texas, right?
[01:04:17.880 --> 01:04:18.880]  Yeah, that's right.
[01:04:18.880 --> 01:04:21.880]  In other words, it's like Columbus is on I-10.
[01:04:21.880 --> 01:04:26.880]  It's where you turn off on 71 to go to Austin if you're heading west on I-10 from Houston.
[01:04:26.880 --> 01:04:27.880]  Yeah.
[01:04:27.880 --> 01:04:28.880]  All right.
[01:04:28.880 --> 01:04:36.880]  When they clock somebody with a radar gun, is that data recorded somewhere permanently?
[01:04:36.880 --> 01:04:40.880]  It's usually put on a printout, but you're asking the wrong question.
[01:04:40.880 --> 01:04:44.880]  First thing is, who ticketed you?
[01:04:44.880 --> 01:04:45.880]  DPS.
[01:04:45.880 --> 01:04:47.880]  The DPS did.
[01:04:47.880 --> 01:04:49.880]  Right.
[01:04:49.880 --> 01:04:53.880]  What kind of automobile were you in?
[01:04:53.880 --> 01:04:55.880]  Honda.
[01:04:55.880 --> 01:04:56.880]  A Honda.
[01:04:56.880 --> 01:04:58.880]  Did it have a taxicab light on top?
[01:04:58.880 --> 01:05:00.880]  No.
[01:05:00.880 --> 01:05:05.880]  Did it have anything on it indicating that you were renting it out to haul passengers around the city?
[01:05:05.880 --> 01:05:07.880]  No.
[01:05:07.880 --> 01:05:12.880]  Did you stop and solicit the DPS officer for a ride?
[01:05:12.880 --> 01:05:13.880]  No.
[01:05:13.880 --> 01:05:14.880]  Okay.
[01:05:14.880 --> 01:05:20.880]  Then how can he charge you with speeding?
[01:05:20.880 --> 01:05:23.880]  I don't know.
[01:05:23.880 --> 01:05:25.880]  Well, that's a good question.
[01:05:25.880 --> 01:05:32.880]  The speed statute specifically states 201.904 Texas Transportation Code.
[01:05:32.880 --> 01:05:38.880]  Speed signs in Texas, the legislature should have the right to set upon the highway speed signs for the purpose of
[01:05:38.880 --> 01:05:44.880]  calculating the speed of commercial motor vehicles, semi, semi-tractor trailers,
[01:05:44.880 --> 01:05:49.880]  and commercial motor vehicles for the transportation of passengers for hire, meaning buses.
[01:05:49.880 --> 01:05:53.880]  Were you driving any of those things?
[01:05:53.880 --> 01:05:54.880]  Sorry.
[01:05:54.880 --> 01:05:55.880]  Go ahead.
[01:05:55.880 --> 01:05:58.880]  Were you driving any of those things?
[01:05:58.880 --> 01:05:59.880]  No.
[01:05:59.880 --> 01:06:01.880]  Okay.
[01:06:01.880 --> 01:06:07.880]  So the first thing you want to find out is by what method or means did the officer determine what the
[01:06:07.880 --> 01:06:12.880]  lawful alleged speed limit for that stretch of highway is?
[01:06:12.880 --> 01:06:17.880]  The only reasonable answer he can give you is it's marked on the highway on the speed signs.
[01:06:17.880 --> 01:06:18.880]  Why?
[01:06:18.880 --> 01:06:23.880]  Because it's longstanding law that in order for a law to be valid,
[01:06:23.880 --> 01:06:31.880]  it has to have public notice as to what the duty is as placed upon those expected to abide by it.
[01:06:31.880 --> 01:06:37.880]  And the courts have ruled in every state that the speed sign is a necessity.
[01:06:37.880 --> 01:06:41.880]  You can't be charged with speeding on an unmarked highway.
[01:06:41.880 --> 01:06:47.880]  The other thing about it is that here in Texas, these are prima facie speed limits,
[01:06:47.880 --> 01:06:53.880]  which means that you can go over or under the prima facie speed limit,
[01:06:53.880 --> 01:07:00.880]  and the officer must show that you were driving at a speed that was unreasonable and unsafe
[01:07:00.880 --> 01:07:03.880]  for the conditions then existing.
[01:07:03.880 --> 01:07:04.880]  Okay?
[01:07:04.880 --> 01:07:05.880]  Okay.
[01:07:05.880 --> 01:07:12.880]  And on top of that, the notice says that the speed demarcations on the signs apply only to commercial
[01:07:12.880 --> 01:07:19.880]  motor vehicles, and if you weren't in one, it doesn't apply to you.
[01:07:19.880 --> 01:07:28.880]  So then how would I ask for a deposition and say how did you determine that I was in a commercial
[01:07:28.880 --> 01:07:31.880]  vehicle and driving unsafely?
[01:07:31.880 --> 01:07:38.880]  Have you considered any seminar materials?
[01:07:38.880 --> 01:07:40.880]  I don't have them.
[01:07:40.880 --> 01:07:42.880]  What?
[01:07:42.880 --> 01:07:45.880]  This is pitiful.
[01:07:45.880 --> 01:07:49.880]  I was broke when I showed up one time for a seminar you were having,
[01:07:49.880 --> 01:07:53.880]  and that was a while back, but I haven't gotten them.
[01:07:53.880 --> 01:07:59.880]  If you can get them for this ticket, it'll save you more than the cost of the seminar materials.
[01:07:59.880 --> 01:08:01.880]  Where did I get them?
[01:08:01.880 --> 01:08:05.880]  You can go on the website, and there's a link.
[01:08:05.880 --> 01:08:13.880]  You can order them from there, but they will be so valuable to you, and not just for beating a ticket.
[01:08:13.880 --> 01:08:23.880]  Once you know, it gives you a level of empowerment and freedom that you wouldn't have before.
[01:08:23.880 --> 01:08:26.880]  So do I plea or not?
[01:08:26.880 --> 01:08:27.880]  No.
[01:08:27.880 --> 01:08:33.880]  How can you enter a plea to something that, one, you don't, do you understand the nature of the charges
[01:08:33.880 --> 01:08:38.880]  they're making against you?
[01:08:38.880 --> 01:08:44.880]  At one time, I would have thought so, but it seems a lot more complicated than I.
[01:08:44.880 --> 01:08:45.880]  No, it's not complicated.
[01:08:45.880 --> 01:08:47.880]  That was a perfect answer.
[01:08:47.880 --> 01:08:49.880]  Yeah, it's not complicated at all.
[01:08:49.880 --> 01:08:51.880]  You're not knowledgeable in the law, are you?
[01:08:51.880 --> 01:08:52.880]  You're not a lawyer.
[01:08:52.880 --> 01:08:53.880]  No, I'm not.
[01:08:53.880 --> 01:08:56.880]  You don't speak legalese, right?
[01:08:56.880 --> 01:08:57.880]  That's right.
[01:08:57.880 --> 01:08:58.880]  You need an interpreter.
[01:08:58.880 --> 01:09:04.880]  Yeah, so when a judge asks you, do you understand the charges against you, what is your answer?
[01:09:04.880 --> 01:09:05.880]  No, I don't.
[01:09:05.880 --> 01:09:07.880]  Exactly.
[01:09:07.880 --> 01:09:12.880]  And the judge is going to say, well, you're charged with such and such.
[01:09:12.880 --> 01:09:17.880]  Judge, that tells me what I'm charged with, but doesn't tell me what the nature of the charges are.
[01:09:17.880 --> 01:09:21.880]  Is this administrative, civil, or criminal that I'm being charged with?
[01:09:21.880 --> 01:09:26.880]  And the judge is going to stare at you real hard for a minute.
[01:09:26.880 --> 01:09:29.880]  They normally don't wish to tell you how you're being charged.
[01:09:29.880 --> 01:09:30.880]  Why?
[01:09:30.880 --> 01:09:34.880]  Because there's several problems with how they're charging you, and they know it.
[01:09:34.880 --> 01:09:36.880]  So they lie.
[01:09:36.880 --> 01:09:40.880]  They're going to tell you they're charging criminally, but unfortunately for them,
[01:09:40.880 --> 01:09:48.880]  according to the administrative code, the DPS is subject to the Administrative Procedures Act,
[01:09:48.880 --> 01:09:56.880]  and all of their rules and all of their regulations must be sent before a state office of administrative hearings
[01:09:56.880 --> 01:10:03.880]  in any contested case before it can ever go to a judicial forum.
[01:10:03.880 --> 01:10:05.880]  They don't want to tell you this.
[01:10:05.880 --> 01:10:09.880]  It interferes with their money-making scheme.
[01:10:09.880 --> 01:10:16.880]  So the seminar material has all the paperwork in it for you to file in court to make that happen.
[01:10:16.880 --> 01:10:19.880]  And what's going to happen is you're going to file the documents.
[01:10:19.880 --> 01:10:20.880]  You're going to make a record.
[01:10:20.880 --> 01:10:25.880]  You're going to lose in the municipal court.
[01:10:25.880 --> 01:10:29.880]  And then when you take it up to the next court on appeal,
[01:10:29.880 --> 01:10:37.880]  you're going to stomp that municipal judge into the ground for violations of law and file criminal charges on them to boot
[01:10:37.880 --> 01:10:41.880]  because they are violating the law, and they know they're violating the law.
[01:10:41.880 --> 01:10:45.880]  And the seminar material proves that beyond a shadow of a doubt.
[01:10:45.880 --> 01:10:51.880]  It shows you all of the statutes they use to steal money and how they do it.
[01:10:51.880 --> 01:11:03.880]  First time you get a municipal judge to resign, then you'll be walking around saying, oh, yeah, that's right, I'm bad.
[01:11:03.880 --> 01:11:12.880]  I got one in Keller to resign, and all I did was ask the bailiff to arrest her once.
[01:11:12.880 --> 01:11:21.880]  But the point here being that you never, ever argue the merits of anything dealing with traffic.
[01:11:21.880 --> 01:11:22.880]  Why?
[01:11:22.880 --> 01:11:27.880]  Because they have not obeyed the rules to get you into court to argue the merits.
[01:11:27.880 --> 01:11:28.880]  Exactly.
[01:11:28.880 --> 01:11:35.880]  You don't want to touch the merits because the judge has discretion to determine who he believes,
[01:11:35.880 --> 01:11:38.880]  and he will always believe his officer.
[01:11:38.880 --> 01:11:40.880]  He will never believe you.
[01:11:40.880 --> 01:11:47.880]  You take him to the legal issues, then he doesn't have that discretion.
[01:11:47.880 --> 01:11:48.880]  Yeah.
[01:11:48.880 --> 01:11:52.880]  Part of what the seminar materials include besides the book that goes through
[01:11:52.880 --> 01:11:59.880]  and explains the individual statutes one at a time is that in addition,
[01:11:59.880 --> 01:12:03.880]  we have all the legal documents for you to file in cases such as this.
[01:12:03.880 --> 01:12:10.880]  We have pretrial motions to file, motions to dismiss, motions to disqualify,
[01:12:10.880 --> 01:12:13.880]  petitions to show authority for the prosecuting attorney,
[01:12:13.880 --> 01:12:20.880]  because if DPS wrote you the ticket, they sent you to a justice court, did they not?
[01:12:20.880 --> 01:12:21.880]  Yes.
[01:12:21.880 --> 01:12:26.880]  And did they write it outside the city limits or inside the city limits?
[01:12:26.880 --> 01:12:29.880]  I think it was outside the city limits.
[01:12:29.880 --> 01:12:33.880]  Okay, then if they sent you to a justice court, that was proper.
[01:12:33.880 --> 01:12:44.880]  The problem is the DPS officer's authority to regulate traffic is also regulated by the administrative code,
[01:12:44.880 --> 01:12:51.880]  and it says very specifically that the authority in the Department of Public Safety is limited to
[01:12:51.880 --> 01:13:01.880]  supervision of traffic on rural highways and supervision and regulation of commercial and for-hire traffic.
[01:13:01.880 --> 01:13:11.880]  Regulation means speed regulation, licensing regulation, registration and inspection regulation,
[01:13:11.880 --> 01:13:13.880]  safety regulation.
[01:13:13.880 --> 01:13:24.880]  Anything to do with regulation is limited to commercial and for-hire traffic, which you were not, at least at that time.
[01:13:24.880 --> 01:13:29.880]  So a driver's license is not a commercial document that would then...
[01:13:29.880 --> 01:13:31.880]  Yes, it is a commercial document.
[01:13:31.880 --> 01:13:36.880]  The problem is were you actively engaged in commerce at that time?
[01:13:36.880 --> 01:13:37.880]  No, I wasn't.
[01:13:37.880 --> 01:13:43.880]  And you were commercial ready, but you were not engaged in commerce.
[01:13:43.880 --> 01:13:44.880]  Okay.
[01:13:44.880 --> 01:13:48.880]  Let me give you a quote from one of our listeners, Gary Lochte.
[01:13:48.880 --> 01:13:50.880]  He's out of San Antonio.
[01:13:50.880 --> 01:13:55.880]  The policeman pulled him over and asked him if he had a driver's license.
[01:13:55.880 --> 01:14:03.880]  And he said, yes, I do, but I'm not using it right now.
[01:14:03.880 --> 01:14:08.880]  He got me out of a ticket in Austin.
[01:14:08.880 --> 01:14:10.880]  Did he still show it to him?
[01:14:10.880 --> 01:14:12.880]  No, and that's the point.
[01:14:12.880 --> 01:14:15.880]  You can have a commercial license.
[01:14:15.880 --> 01:14:17.880]  And a lot of these people refuse to get a license.
[01:14:17.880 --> 01:14:19.880]  I said get a license.
[01:14:19.880 --> 01:14:24.880]  But if you're not using that license, you can still have it.
[01:14:24.880 --> 01:14:30.880]  You know, there are times when I drive big trucks or used to when I ran a construction business.
[01:14:30.880 --> 01:14:33.880]  But I wasn't always driving a big truck.
[01:14:33.880 --> 01:14:45.880]  And when I wasn't driving a truck over 26,000 GVW, I had that commercial license, but I wasn't using it at that point.
[01:14:45.880 --> 01:14:56.880]  Well, so if my appearance date is this week, I don't have time to get those.
[01:14:56.880 --> 01:14:58.880]  Oh, yes, you do, because.
[01:14:58.880 --> 01:15:00.880]  You can go to Brave New Books and get them.
[01:15:00.880 --> 01:15:02.880]  They'll bring you a disc right there.
[01:15:02.880 --> 01:15:03.880]  Okay.
[01:15:03.880 --> 01:15:10.880]  You do have time because primarily what you're going to charge is lack of subject matter jurisdiction.
[01:15:10.880 --> 01:15:14.880]  And they're going to say you have to enter a motion seven days before a trial.
[01:15:14.880 --> 01:15:16.880]  No.
[01:15:16.880 --> 01:15:23.880]  A challenge to the subject matter jurisdiction can be filed at any time.
[01:15:23.880 --> 01:15:30.880]  If the court doesn't have subject matter jurisdiction, it never, ever accrues.
[01:15:30.880 --> 01:15:39.880]  And contrary to what a lot of these guys in the legal reform community will tend to tell you, you can't give it to them.
[01:15:39.880 --> 01:15:43.880]  Now, you can by not challenging it.
[01:15:43.880 --> 01:15:47.880]  Let them act as though they have it.
[01:15:47.880 --> 01:15:55.880]  At any point, even well after, no matter how remote in history, it can be challenged.
[01:15:55.880 --> 01:16:00.880]  And the analogy I like to use is say, you don't like that judge?
[01:16:00.880 --> 01:16:01.880]  I'll tell you what.
[01:16:01.880 --> 01:16:05.880]  Let me be the judge.
[01:16:05.880 --> 01:16:08.880]  Can you do that?
[01:16:08.880 --> 01:16:12.880]  You can go in the courtroom and do the case.
[01:16:12.880 --> 01:16:17.880]  Can you decide that I'm the judge and just let me be the judge?
[01:16:17.880 --> 01:16:20.880]  Sure.
[01:16:20.880 --> 01:16:21.880]  You can try to.
[01:16:21.880 --> 01:16:24.880]  But if I don't have that authority, I don't have that authority.
[01:16:24.880 --> 01:16:28.880]  And I'm not going to get it just because you want me to have it.
[01:16:28.880 --> 01:16:29.880]  Oh, I see what you're saying.
[01:16:29.880 --> 01:16:30.880]  Yeah.
[01:16:30.880 --> 01:16:35.880]  There's no way you can give me subject matter jurisdiction I have no matter what you do.
[01:16:35.880 --> 01:16:39.880]  Well, on another one, if I've already pledged, can I still do that?
[01:16:39.880 --> 01:16:41.880]  Absolutely.
[01:16:41.880 --> 01:16:42.880]  Hang on, though.
[01:16:42.880 --> 01:16:43.880]  We're fixing to go to break.
[01:16:43.880 --> 01:16:45.880]  We'll pick this up on the other side.
[01:16:45.880 --> 01:16:46.880]  Okay.
[01:16:46.880 --> 01:16:48.880]  Yes, stay on the line, Chad.
[01:16:48.880 --> 01:16:52.880]  And we've also got Mark from Wisconsin.
[01:16:52.880 --> 01:16:53.880]  We'll be taking Mark after Chad.
[01:16:53.880 --> 01:16:55.880]  We'll be right back.
[01:16:55.880 --> 01:16:58.880]  Mark who?
[01:16:58.880 --> 01:17:02.880]  You feel tired when talking about important topics like money and politics?
[01:17:02.880 --> 01:17:03.880]  Boring.
[01:17:03.880 --> 01:17:06.880]  Are you confused by words like the Constitution or the Federal Reserve?
[01:17:06.880 --> 01:17:07.880]  What?
[01:17:07.880 --> 01:17:11.880]  So you may be diagnosed with the deadliest disease known today, stupidity.
[01:17:11.880 --> 01:17:12.880]  Hi.
[01:17:12.880 --> 01:17:13.880]  My name is Steve Holt.
[01:17:13.880 --> 01:17:17.880]  And like millions of other Americans, I was diagnosed with stupidity at an early age.
[01:17:17.880 --> 01:17:23.880]  I had no idea that the number one cause of the disease is found in almost every home in America, the television.
[01:17:23.880 --> 01:17:27.880]  Unfortunately, that puts most Americans at risk of catching stupidity.
[01:17:27.880 --> 01:17:28.880]  But there is hope.
[01:17:28.880 --> 01:17:34.880]  The staff at Brave New Books have helped me and thousands of other foxaholics suffering from sports zombieism recover.
[01:17:34.880 --> 01:17:41.880]  And because of Brave New Books, I now enjoy reading and watching educational documentaries without feeling tired or uninterested.
[01:17:41.880 --> 01:17:53.880]  So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503 or visit them in 1904 Guadalupe or bravenewbookstore.com.
[01:17:53.880 --> 01:18:01.880]  Side effects of using Brave New Books products may include discernment and enlarged vocabulary and an overall increase in mental functioning.
[01:18:01.880 --> 01:18:18.880]  Oh, come on.
[01:18:18.880 --> 01:18:19.880]  Okay, we're back.
[01:18:19.880 --> 01:18:22.880]  We're speaking with Chad in Texas.
[01:18:22.880 --> 01:18:24.880]  And then we're going to go to Mark in Wisconsin.
[01:18:24.880 --> 01:18:27.880]  Go ahead, Chad.
[01:18:27.880 --> 01:18:31.880]  Yeah, wait, let me finish on subject matter jurisdiction.
[01:18:31.880 --> 01:18:40.880]  This is really important because we have a lot of guys in legal reform telling people, oh, you don't go down to court because they don't have subject matter jurisdiction.
[01:18:40.880 --> 01:18:42.880]  Yes, you do.
[01:18:42.880 --> 01:18:55.880]  Because even if they don't have subject matter jurisdiction, you can, by your capitulation, let them act as though they do have subject matter jurisdiction.
[01:18:55.880 --> 01:19:07.880]  And if they act as though they do, they'll act as though they're going to put your behind in the can if you don't show up and challenge.
[01:19:07.880 --> 01:19:15.880]  So by showing up, you cannot give a court subject matter jurisdiction they do not have.
[01:19:15.880 --> 01:19:26.880]  If I'm pretending to be a judge, nobody can give me subject matter jurisdiction if I don't have it. Period. End of story.
[01:19:26.880 --> 01:19:33.880]  However, they can give me in personam jurisdiction.
[01:19:33.880 --> 01:19:37.880]  You can waive in personam jurisdiction before court.
[01:19:37.880 --> 01:19:40.880]  You cannot waive subject matter.
[01:19:40.880 --> 01:19:47.880]  No matter what you do, if you go down there and they threaten to arrest you if you don't enter a plea, enter a plea.
[01:19:47.880 --> 01:19:49.880]  Heck, it don't make any difference.
[01:19:49.880 --> 01:19:53.880]  You don't waive subject matter jurisdiction, you can still challenge it.
[01:19:53.880 --> 01:19:58.880]  And if it's 20 years later, you can still challenge it.
[01:19:58.880 --> 01:20:01.880]  And that's all I got to say on that.
[01:20:01.880 --> 01:20:03.880]  Okay, well, I don't want to take up any more of your time.
[01:20:03.880 --> 01:20:05.880]  I'll let you move on to another caller.
[01:20:05.880 --> 01:20:06.880]  I appreciate it.
[01:20:06.880 --> 01:20:07.880]  Thank you, Chad.
[01:20:07.880 --> 01:20:13.880]  Thank you.
[01:20:13.880 --> 01:20:18.880]  Mark, now we're going to go to Mark from Wisconsin.
[01:20:18.880 --> 01:20:20.880]  Hey, how's everybody doing?
[01:20:20.880 --> 01:20:21.880]  Doing real good.
[01:20:21.880 --> 01:20:23.880]  How are you?
[01:20:23.880 --> 01:20:25.880]  Good, good.
[01:20:25.880 --> 01:20:28.880]  Are you starting more trouble?
[01:20:28.880 --> 01:20:35.880]  My wife got an email from the school district saying that one of the teachers got caught with pornography.
[01:20:35.880 --> 01:20:40.880]  And they're assuring us that no law has been broken.
[01:20:40.880 --> 01:20:44.880]  Are there no pornography statutes in Wisconsin?
[01:20:44.880 --> 01:20:47.880]  I'm pretty sure there are on government equipment.
[01:20:47.880 --> 01:20:49.880]  I haven't looked into it yet.
[01:20:49.880 --> 01:20:52.880]  But how do I find out what kind of content this guy was looking at?
[01:20:52.880 --> 01:20:56.880]  Because if he's looking at child-type pornography...
[01:20:56.880 --> 01:20:58.880]  And he's teaching your children?
[01:20:58.880 --> 01:21:00.880]  Yeah, that would make me nervous.
[01:21:00.880 --> 01:21:04.880]  Open records request.
[01:21:04.880 --> 01:21:06.880]  What should I ask them for?
[01:21:06.880 --> 01:21:09.880]  Ask them for all of the...
[01:21:09.880 --> 01:21:12.880]  The police reports and everything else associated with it.
[01:21:12.880 --> 01:21:16.880]  I think the first thing I would ask for is...
[01:21:16.880 --> 01:21:17.880]  Okay, I have a...
[01:21:17.880 --> 01:21:20.880]  For me, open records is an art form.
[01:21:20.880 --> 01:21:25.880]  I use it as a tool to beat up public officials with.
[01:21:25.880 --> 01:21:32.880]  And when I go down and try to find information and they do their little legalistic song and dance,
[01:21:32.880 --> 01:21:37.880]  I pull out my scope and content information request.
[01:21:37.880 --> 01:21:40.880]  You can find it on my website.
[01:21:40.880 --> 01:21:42.880]  And it should be...
[01:21:42.880 --> 01:21:52.880]  It has a Texas heading, but it's deliberately written to apply to no specific statute.
[01:21:52.880 --> 01:21:58.880]  The language and the verbiage is right out of the Texas Open Records Act,
[01:21:58.880 --> 01:22:03.880]  but by its nature, it's not specific.
[01:22:03.880 --> 01:22:13.880]  What it asks for is the scope and substantive content of all records kept by the department.
[01:22:13.880 --> 01:22:19.880]  I want to know the name of every single record that you keep.
[01:22:19.880 --> 01:22:23.880]  I want to know what kind of media you keep that record in.
[01:22:23.880 --> 01:22:28.880]  I want to know specifically how to request that every specific record that you keep.
[01:22:28.880 --> 01:22:37.880]  I'm not particularly at this point interested in any specific content, any specific record,
[01:22:37.880 --> 01:22:43.880]  but I want to know what records you keep, how you keep them, how you refer to them,
[01:22:43.880 --> 01:22:51.880]  how I can request them and what media I can request them and what the cost for that request will be.
[01:22:51.880 --> 01:22:57.880]  My scope and content information request is about three pages long.
[01:22:57.880 --> 01:23:04.880]  And when I go in and ask for records and these guys start doing their little song and dance and seltzer down your pants,
[01:23:04.880 --> 01:23:06.880]  I whip out this one.
[01:23:06.880 --> 01:23:13.880]  I had the captain on the sheriff's department sit with me for six solid hours,
[01:23:13.880 --> 01:23:18.880]  going through every single record they kept.
[01:23:18.880 --> 01:23:31.880]  Now, the scope and content does not go, I'm sorry, the scope and substantive content does not go to the content of any record.
[01:23:31.880 --> 01:23:36.880]  But what kind of record do you keep, where do you keep it, how do you keep it and how can I get it?
[01:23:36.880 --> 01:23:42.880]  So there's absolutely no way for them to claim an exemption.
[01:23:42.880 --> 01:23:49.880]  And I maintain that I'm making this request so I can isolate the specific record that I want to see
[01:23:49.880 --> 01:23:57.880]  and therefore I'm doing it for economy, to save you money.
[01:23:57.880 --> 01:24:03.880]  So first time they give me half ounce of crapola, bam, they get this one.
[01:24:03.880 --> 01:24:10.880]  And as soon as I put this one on them, all of a sudden they start doing their little chicken dance.
[01:24:10.880 --> 01:24:19.880]  They know there's no way they can raise an exemption because I'm not asking for the actual content.
[01:24:19.880 --> 01:24:28.880]  This always gets the custodian of the record to be more cooperative.
[01:24:28.880 --> 01:24:34.880]  And then you can find these on the jurisprudence website.
[01:24:34.880 --> 01:24:41.880]  You do an initial, I actually do an initial open records request and then when they start, you know,
[01:24:41.880 --> 01:24:43.880]  throwing wild on me, throw that one at them, right?
[01:24:43.880 --> 01:24:46.880]  Yeah, see, I want to see all the records this guy kept.
[01:24:46.880 --> 01:24:51.880]  Well, you'll have to make your request very specific to the record you want.
[01:24:51.880 --> 01:24:54.880]  Okay, here you go, scope and content.
[01:24:54.880 --> 01:24:57.880]  I had people look at that and just shake their head.
[01:24:57.880 --> 01:25:05.880]  And I was in Dallas and I gave this to the clerk and this was one of those deals
[01:25:05.880 --> 01:25:11.880]  where I went to security first and told security that I was going to ask them for some records
[01:25:11.880 --> 01:25:13.880]  and they're not going to want to give them to me.
[01:25:13.880 --> 01:25:16.880]  And when they do, I'm going to need security.
[01:25:16.880 --> 01:25:17.880]  Well, why are you going to need security?
[01:25:17.880 --> 01:25:18.880]  Are you going to cause a problem?
[01:25:18.880 --> 01:25:24.880]  Oh, no, I'm going to want you to arrest the clerk.
[01:25:24.880 --> 01:25:29.880]  And the look on his face was priceless.
[01:25:29.880 --> 01:25:33.880]  So he follows me in there reluctantly.
[01:25:33.880 --> 01:25:35.880]  I asked the clerk for some records.
[01:25:35.880 --> 01:25:37.880]  She gives me a hard time.
[01:25:37.880 --> 01:25:39.880]  I give her the scope and content.
[01:25:39.880 --> 01:25:46.880]  First thing they do is go to the district attorney and bring this attorney down and he looks at it.
[01:25:46.880 --> 01:25:48.880]  He reads it for a while.
[01:25:48.880 --> 01:25:52.880]  He gets about halfway through it and he looks up at me and he said,
[01:25:52.880 --> 01:25:57.880]  Mr. Kelton, just what records is it that you're seeking?
[01:25:57.880 --> 01:25:58.880]  And I told him.
[01:25:58.880 --> 01:26:04.880]  And he turned to the clerk and said, get them.
[01:26:04.880 --> 01:26:11.880]  So the last thing he wanted to do was spend a whole day telling me every single record they keep.
[01:26:11.880 --> 01:26:18.880]  It even asks for the programs they use to store these records,
[01:26:18.880 --> 01:26:23.880]  the source code of those programs.
[01:26:23.880 --> 01:26:26.880]  And they're going to say, well, that's proprietary information.
[01:26:26.880 --> 01:26:30.880]  Well, perhaps, but that's not your business.
[01:26:30.880 --> 01:26:35.880]  The proprietary nature of the information is between me and the vendor.
[01:26:35.880 --> 01:26:44.880]  If I violate the copyright on the proprietary information, then the vendor can sue me.
[01:26:44.880 --> 01:26:50.880]  But since you are a government agency, you may not secret it.
[01:26:50.880 --> 01:26:56.880]  And I had one district attorney look at me and say, Mr. Kelton, you can be a hard man.
[01:26:56.880 --> 01:26:59.880]  Yes, I can.
[01:26:59.880 --> 01:27:04.880]  But the scope and content is great for softening up the opposition.
[01:27:04.880 --> 01:27:06.880]  So do you think I should do something with the school board?
[01:27:06.880 --> 01:27:08.880]  Because they're trying to handle this internally.
[01:27:08.880 --> 01:27:09.880]  I'm pretty sure.
[01:27:09.880 --> 01:27:12.880]  Absolutely, you should do something with the school board.
[01:27:12.880 --> 01:27:16.880]  You should call it shielding for prosecution.
[01:27:16.880 --> 01:27:17.880]  Right.
[01:27:17.880 --> 01:27:20.880]  I'm pretty sure if they caught me walking around the campus
[01:27:20.880 --> 01:27:23.880]  with a hustler hanging out of my pocket, they wouldn't just call the cops.
[01:27:23.880 --> 01:27:26.880]  Good chance.
[01:27:26.880 --> 01:27:30.880]  So how do they treat one of their own differently?
[01:27:30.880 --> 01:27:31.880]  Exactly.
[01:27:31.880 --> 01:27:37.880]  And for me, the school board really, really hated to see me
[01:27:37.880 --> 01:27:41.880]  because I ascribed to the Tar Baby syndrome.
[01:27:41.880 --> 01:27:44.880]  That's Tar Baby, you stick to it.
[01:27:44.880 --> 01:27:45.880]  And griping me?
[01:27:45.880 --> 01:27:46.880]  Oh, yeah, that's right.
[01:27:46.880 --> 01:27:48.880]  Kill the messenger.
[01:27:48.880 --> 01:27:50.880]  You know, I'm not the one that committed the crime.
[01:27:50.880 --> 01:27:54.880]  I'm not the one that tried to shield a public official from prosecution
[01:27:54.880 --> 01:27:56.880]  in violation of 3805 penal code.
[01:27:56.880 --> 01:27:59.880]  You're the one that did that.
[01:27:59.880 --> 01:28:04.880]  So my strategy with open records is I always go in real nice
[01:28:04.880 --> 01:28:07.880]  and I try to isolate the records I need.
[01:28:07.880 --> 01:28:12.880]  And they can't help it.
[01:28:12.880 --> 01:28:14.880]  They create these records.
[01:28:14.880 --> 01:28:16.880]  They maintain these records.
[01:28:16.880 --> 01:28:21.880]  And they feel a proprietary ownership of these records.
[01:28:21.880 --> 01:28:25.880]  And when you come in there and start digging around in their records,
[01:28:25.880 --> 01:28:30.880]  you activate an internal response from people,
[01:28:30.880 --> 01:28:38.880]  their instinct to protect their own area.
[01:28:38.880 --> 01:28:43.880]  Well, I do that on purpose because I want them
[01:28:43.880 --> 01:28:48.880]  to express their feeling of proprietorship
[01:28:48.880 --> 01:28:52.880]  so that I can nail them big time.
[01:28:52.880 --> 01:28:56.880]  And the first time I get them to give me just a little bit of nonsense,
[01:28:56.880 --> 01:29:00.880]  I was in Hays County with Russell Mortland.
[01:29:00.880 --> 01:29:04.880]  I went in and asked to see some records.
[01:29:04.880 --> 01:29:07.880]  And the clerk came back and said,
[01:29:07.880 --> 01:29:09.880]  well, that case is still in litigation.
[01:29:09.880 --> 01:29:12.880]  You can't see those records.
[01:29:12.880 --> 01:29:14.880]  I said, oh, is that so?
[01:29:14.880 --> 01:29:18.880]  I tell you what, wait right here.
[01:29:18.880 --> 01:29:20.880]  Don't go anywhere.
[01:29:20.880 --> 01:29:22.880]  Somebody's going to want to talk to you.
[01:29:22.880 --> 01:29:26.880]  I went in the little pouch, pulled out my cell phone,
[01:29:26.880 --> 01:29:29.880]  flipped it open, dial 9-1-1,
[01:29:29.880 --> 01:29:33.880]  and asked for a police officer to come and arrest the clerk.
[01:29:33.880 --> 01:29:39.880]  That's when you get your attention and all of a sudden you become serf.
[01:29:39.880 --> 01:29:45.880]  So I suspect, especially in this case because it's about child pornography,
[01:29:45.880 --> 01:29:48.880]  if you sting them just a little bit, they'll give you everything you want.
[01:29:48.880 --> 01:29:50.880]  All right, we have Marshall.
[01:29:50.880 --> 01:29:51.880]  We have Marshall from Washington.
[01:29:51.880 --> 01:29:52.880]  Mark, you want to stay on the line?
[01:29:52.880 --> 01:29:53.880]  Do you have more?
[01:29:53.880 --> 01:29:54.880]  I'm good, thanks.
[01:29:54.880 --> 01:29:55.880]  Okay.
[01:29:54.880 --> 01:29:55.880]  Goodbye.
[01:29:55.880 --> 01:29:56.880]  All right, goodbye.
[01:29:56.880 --> 01:29:59.880]  We'll go to Marshall when we get back.
[01:29:59.880 --> 01:30:02.880]  Are you the plaintiff or defendant in a lawsuit?
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[01:30:59.880 --> 01:31:23.880]  MUSIC
[01:31:23.880 --> 01:31:28.880]  Tools of Ingenuity against the workers of iniquity.
[01:31:28.880 --> 01:31:31.880]  What we got here, Tools of Ingenuity.
[01:31:31.880 --> 01:31:33.880]  All right, we're going to your calls.
[01:31:33.880 --> 01:31:36.880]  Callers, if you'd like to call in, 512-646-1984.
[01:31:36.880 --> 01:31:40.880]  We have open lines, except for Marshall in Washington.
[01:31:40.880 --> 01:31:41.880]  Marshall, thanks for calling in.
[01:31:41.880 --> 01:31:42.880]  What's on your mind tonight?
[01:31:42.880 --> 01:31:43.880]  Hi, thank you.
[01:31:43.880 --> 01:31:45.880]  Yes, I had a question about bar grievances.
[01:31:45.880 --> 01:31:51.880]  I know you guys have talked to them about this many, many times.
[01:31:51.880 --> 01:31:56.880]  What is the best, if there is such a way, process to file that?
[01:31:56.880 --> 01:31:59.880]  For example, the state here has on their bar site,
[01:31:59.880 --> 01:32:03.880]  they have a form to use for filing bar grievances.
[01:32:03.880 --> 01:32:05.880]  Is that something that you would even want to use,
[01:32:05.880 --> 01:32:07.880]  or would you make up something entirely,
[01:32:07.880 --> 01:32:10.880]  or is that a document that you have on your jurisprudence side,
[01:32:10.880 --> 01:32:14.880]  or what would be the process there that might be best?
[01:32:14.880 --> 01:32:20.880]  I would absolutely go to the state website and use their form,
[01:32:20.880 --> 01:32:23.880]  at least generally.
[01:32:23.880 --> 01:32:25.880]  I generally pull down the form,
[01:32:25.880 --> 01:32:28.880]  and most of the time when I file a bar grievance,
[01:32:28.880 --> 01:32:30.880]  since I never hire attorneys,
[01:32:30.880 --> 01:32:35.880]  I'm generally filing against an attorney for the opposition.
[01:32:35.880 --> 01:32:41.880]  So a good portion of what you will find in the standard bar grievance form
[01:32:41.880 --> 01:32:43.880]  is not appropriate.
[01:32:43.880 --> 01:32:47.880]  I like to be able to find one that's in a document format,
[01:32:47.880 --> 01:32:51.880]  so I can just delete all the stuff I don't want to mess with.
[01:32:51.880 --> 01:32:58.880]  Otherwise, if it's in PDF, I just fill it out and ignore the part
[01:32:58.880 --> 01:33:00.880]  that doesn't apply to me.
[01:33:00.880 --> 01:33:04.880]  But by giving it to them on their own form,
[01:33:04.880 --> 01:33:11.880]  they have less reason to trash it.
[01:33:11.880 --> 01:33:17.880]  Well, don't they generally, in a sense, do that anyway?
[01:33:17.880 --> 01:33:19.880]  Trash it, that is?
[01:33:19.880 --> 01:33:22.880]  Well, not exactly.
[01:33:22.880 --> 01:33:27.880]  When I say they throw it in the trash, that's really not right.
[01:33:27.880 --> 01:33:30.880]  They refuse to act on it.
[01:33:30.880 --> 01:33:35.880]  But if it's in their form, they do have to deal with it.
[01:33:35.880 --> 01:33:38.880]  If you're using their form and it's directly online,
[01:33:38.880 --> 01:33:41.880]  or even if you've mailed it to them,
[01:33:41.880 --> 01:33:47.880]  how does the insurance or bonding agency or whoever become aware of this?
[01:33:47.880 --> 01:33:51.880]  Oh, that's the best part.
[01:33:51.880 --> 01:33:57.880]  If the attorney who has the insurance policy gets a claim against himself
[01:33:57.880 --> 01:34:00.880]  under malpractice or gets a bar grievance against him,
[01:34:00.880 --> 01:34:04.880]  which goes to malpractice, always, as a matter of course,
[01:34:04.880 --> 01:34:08.880]  he has a duty to report this to the insurance company.
[01:34:08.880 --> 01:34:13.880]  If he doesn't, and he subsequently gets sued,
[01:34:13.880 --> 01:34:16.880]  and the insurance company discovers that he had a bar grievance
[01:34:16.880 --> 01:34:21.880]  he did not notify them of, he's not covered.
[01:34:21.880 --> 01:34:23.880]  So if you're paying...
[01:34:23.880 --> 01:34:26.880]  Is he essentially contractually obligated with the insurance company
[01:34:26.880 --> 01:34:29.880]  to report all bar grievances, or does the bar do this?
[01:34:29.880 --> 01:34:35.880]  He is precisely contracted to report all bar grievances.
[01:34:35.880 --> 01:34:38.880]  That would negate the contract.
[01:34:38.880 --> 01:34:43.880]  So he's paying 30, 40 grand a year for malpractice insurance.
[01:34:43.880 --> 01:34:46.880]  If he doesn't report the bar grievance,
[01:34:46.880 --> 01:34:49.880]  he's paying 30 or 40 grand a year for nothing.
[01:34:49.880 --> 01:34:53.880]  Yeah, it would seem to me that...
[01:34:53.880 --> 01:34:56.880]  I'm assuming that they're going to not report them to me,
[01:34:56.880 --> 01:35:00.880]  that in the end it would seem rare that this discovered
[01:35:00.880 --> 01:35:03.880]  sometime after the fact that they didn't report X number,
[01:35:03.880 --> 01:35:05.880]  if not all, their bar grievances.
[01:35:05.880 --> 01:35:06.880]  Okay, there is a...
[01:35:06.880 --> 01:35:09.880]  It's so rare that they get these in the first place that they do report them.
[01:35:09.880 --> 01:35:14.880]  Okay, we had a caller a few weeks ago, he was Brian from Colorado,
[01:35:14.880 --> 01:35:22.880]  and he worked for a company that provided malpractice insurance.
[01:35:22.880 --> 01:35:25.880]  And he confirmed what I'd already heard,
[01:35:25.880 --> 01:35:28.880]  there's only nine insurance companies in the country
[01:35:28.880 --> 01:35:31.880]  that do malpractice insurance,
[01:35:31.880 --> 01:35:35.880]  and they're all underwritten by Lloyds of London.
[01:35:35.880 --> 01:35:39.880]  So if you contact Lloyds of London, you can find all of the companies
[01:35:39.880 --> 01:35:47.880]  that do malpractice and send a copy to all of the companies.
[01:35:47.880 --> 01:35:49.880]  Oh, basically simultaneously a copy thereof,
[01:35:49.880 --> 01:35:52.880]  so one way or another they're getting the bar grievance.
[01:35:52.880 --> 01:35:54.880]  Exactly.
[01:35:54.880 --> 01:35:59.880]  And that will let the attorney know that not only do you know
[01:35:59.880 --> 01:36:02.880]  that this is kicking his behind,
[01:36:02.880 --> 01:36:09.880]  you know enough to know how to make absolutely sure it kicks his behind.
[01:36:09.880 --> 01:36:13.880]  And that's the best part, because he's standing over there at the next table.
[01:36:13.880 --> 01:36:17.880]  So you're not leaving it to chance that way by simultaneously sending it
[01:36:17.880 --> 01:36:21.880]  to basically all the insurance reporting, all the agencies?
[01:36:21.880 --> 01:36:22.880]  No.
[01:36:22.880 --> 01:36:23.880]  Exactly.
[01:36:23.880 --> 01:36:27.880]  And you go into court, and each one of you stand behind your own table,
[01:36:27.880 --> 01:36:33.880]  it's like you walk across to his side and kick him right square in his behind,
[01:36:33.880 --> 01:36:36.880]  and then walk back across to your side,
[01:36:36.880 --> 01:36:40.880]  and he's got to stand there and pretend like you didn't do it.
[01:36:40.880 --> 01:36:43.880]  Because if he mentions that bar grievance in court,
[01:36:43.880 --> 01:36:47.880]  as long as you haven't brought it up,
[01:36:47.880 --> 01:36:51.880]  you file a bar grievance on him for that.
[01:36:51.880 --> 01:36:52.880]  Darn.
[01:36:52.880 --> 01:36:57.880]  I really like Bushwhack.
[01:36:57.880 --> 01:37:00.880]  I like being able to kick somebody in the behind,
[01:37:00.880 --> 01:37:03.880]  and he has to stand there and pretend like I didn't do it.
[01:37:03.880 --> 01:37:06.880]  We get to do the same thing to the judge.
[01:37:06.880 --> 01:37:11.880]  We get the judge to violate a ministerial duty.
[01:37:11.880 --> 01:37:16.880]  We run down and file criminal charges, file an administrative complaint against it.
[01:37:16.880 --> 01:37:19.880]  We don't say anything to the judge about it.
[01:37:19.880 --> 01:37:24.880]  And this is, it makes them feel impotent.
[01:37:24.880 --> 01:37:26.880]  I was in Randall County.
[01:37:26.880 --> 01:37:29.880]  The clerk wouldn't show me her records.
[01:37:29.880 --> 01:37:32.880]  So I said, wait right here, somebody's going to want to talk to you.
[01:37:32.880 --> 01:37:35.880]  And I hit the road, went out, got security,
[01:37:35.880 --> 01:37:39.880]  and asked them to give me an officer to come arrest the clerk.
[01:37:39.880 --> 01:37:42.880]  Well, they sent me some idiot lieutenant,
[01:37:42.880 --> 01:37:45.880]  and he said this sergeant went and got the lieutenant.
[01:37:45.880 --> 01:37:49.880]  And this lieutenant came out, and I told him I wanted him to arrest the clerk
[01:37:49.880 --> 01:37:52.880]  for class A misdemeanor, official misconduct, criminal violation,
[01:37:52.880 --> 01:37:54.880]  3903 Penal Code.
[01:37:54.880 --> 01:37:57.880]  Well, I don't think we're going to be arresting anyone here today.
[01:37:57.880 --> 01:38:00.880]  So I asked the sergeant, well, what did you bring him for?
[01:38:00.880 --> 01:38:02.880]  He's worthless.
[01:38:02.880 --> 01:38:04.880]  So that was a hoot.
[01:38:04.880 --> 01:38:07.880]  But later, after I called the police on him,
[01:38:07.880 --> 01:38:11.880]  the clerk and this lieutenant came out.
[01:38:11.880 --> 01:38:16.880]  And the clerk has a handful of folders.
[01:38:16.880 --> 01:38:19.880]  And I presumed those were the ones I requested that she said
[01:38:19.880 --> 01:38:21.880]  she didn't have time to get for me.
[01:38:21.880 --> 01:38:24.880]  All of a sudden, she found time.
[01:38:24.880 --> 01:38:27.880]  And the lieutenant started to say something to me.
[01:38:27.880 --> 01:38:30.880]  I raised up both hands, palms out, and I said,
[01:38:30.880 --> 01:38:34.880]  no, no, no, no, no, I can't talk to you guys.
[01:38:34.880 --> 01:38:36.880]  I'll be filing criminal charges against you,
[01:38:36.880 --> 01:38:39.880]  so it would be inappropriate for me to talk to you.
[01:38:39.880 --> 01:38:42.880]  I have someone coming who will take my complaint,
[01:38:42.880 --> 01:38:45.880]  and I'll give him a full report.
[01:38:45.880 --> 01:38:50.880]  And the clerk, she had this look on her face,
[01:38:50.880 --> 01:38:55.880]  like she just could not believe this was happening.
[01:38:55.880 --> 01:38:57.880]  And all she had to do was her job.
[01:38:57.880 --> 01:38:59.880]  Yeah, exactly.
[01:38:59.880 --> 01:39:03.880]  She didn't do it, and all of a sudden, the sky's falling in on her.
[01:39:03.880 --> 01:39:06.880]  And this jerk is just unreasonable,
[01:39:06.880 --> 01:39:08.880]  because his sergeant stepped up and said,
[01:39:08.880 --> 01:39:11.880]  sir, she's trying to get you the records you requested.
[01:39:11.880 --> 01:39:15.880]  Well, sorry, Bubba, that bell's already been rung.
[01:39:15.880 --> 01:39:19.880]  And that's when the clerk got this, she just kind of deflated,
[01:39:19.880 --> 01:39:24.880]  and this look like, I don't believe this is happening to me.
[01:39:24.880 --> 01:39:28.880]  I guarantee you, that's an experience that will stay
[01:39:28.880 --> 01:39:33.880]  in her conscious awareness till the day she dies.
[01:39:33.880 --> 01:39:35.880]  We got her attention.
[01:39:35.880 --> 01:39:37.880]  Yeah, I think in a second time, if she tries that,
[01:39:37.880 --> 01:39:39.880]  I'm the next person coming in tomorrow.
[01:39:39.880 --> 01:39:41.880]  She's going to think, is this another one of those guys?
[01:39:41.880 --> 01:39:43.880]  Holy crap.
[01:39:43.880 --> 01:39:45.880]  Yeah, that's exactly the point.
[01:39:45.880 --> 01:39:52.880]  And especially with open records, if we're thoughtful in how we do things,
[01:39:52.880 --> 01:39:55.880]  we can really get their attention.
[01:39:55.880 --> 01:39:57.880]  Right.
[01:39:57.880 --> 01:40:00.880]  Well, I do have another question, if there's time available.
[01:40:00.880 --> 01:40:02.880]  Yes, go ahead.
[01:40:02.880 --> 01:40:08.880]  Regarding the mortgage issues and the rest of the letters and so on,
[01:40:08.880 --> 01:40:13.880]  are you faring off along, Randy, where you have some completed of those
[01:40:13.880 --> 01:40:17.880]  in the sense of, I'm just curious on how some of these are ending,
[01:40:17.880 --> 01:40:21.880]  if they have yet, in terms of getting a modified loan
[01:40:21.880 --> 01:40:25.880]  or a full rescission or a dollar or above or otherwise?
[01:40:25.880 --> 01:40:28.880]  Well, I've started this recently.
[01:40:28.880 --> 01:40:32.880]  So far, no one's lost their house.
[01:40:32.880 --> 01:40:38.880]  The first two that filed suit, the answer was so pitiful
[01:40:38.880 --> 01:40:42.880]  that both of them are filing a motion for summary judgment.
[01:40:42.880 --> 01:40:45.880]  So is this after the rest of the letter, even the next step?
[01:40:45.880 --> 01:40:46.880]  Yeah.
[01:40:46.880 --> 01:40:49.880]  I mean, in the sense that they get the form letters was the first pass,
[01:40:49.880 --> 01:40:52.880]  they said everything's okey-dokey, and then you filed a tort?
[01:40:52.880 --> 01:40:55.880]  Yeah, what they do is they ignore the rest of the letter.
[01:40:55.880 --> 01:40:58.880]  They get them all the time and they just do a little song and dance
[01:40:58.880 --> 01:41:01.880]  and give a semblance of responding.
[01:41:01.880 --> 01:41:03.880]  They're used to that.
[01:41:03.880 --> 01:41:06.880]  And then all of a sudden they get a tort letter.
[01:41:06.880 --> 01:41:11.880]  And frankly, most of mine I'm getting too late.
[01:41:11.880 --> 01:41:13.880]  I've got two or three that aren't,
[01:41:13.880 --> 01:41:16.880]  but they're still waiting for the response for the tort letter.
[01:41:16.880 --> 01:41:19.880]  Most of them I'm getting them, like the first two,
[01:41:19.880 --> 01:41:22.880]  one we stopped on the courthouse steps,
[01:41:22.880 --> 01:41:30.880]  and then he stopped the JP from issuing a writ of possession.
[01:41:30.880 --> 01:41:33.880]  So they were last-minute efforts.
[01:41:33.880 --> 01:41:39.880]  Filed suit, the answers were so pathetic
[01:41:39.880 --> 01:41:44.880]  that moving for summary judgment on both.
[01:41:44.880 --> 01:41:46.880]  And after that point,
[01:41:46.880 --> 01:41:50.880]  what would be the next step after the summary judgment is granted?
[01:41:50.880 --> 01:41:52.880]  Then it's over.
[01:41:52.880 --> 01:41:55.880]  Then that leads straight to rescission or?
[01:41:55.880 --> 01:41:57.880]  Oh, worse than rescind.
[01:41:57.880 --> 01:41:59.880]  The second one, they said,
[01:41:59.880 --> 01:42:04.880]  oh, well, we did the foreclosure in accordance with law.
[01:42:04.880 --> 01:42:07.880]  And we said, yes, as a matter of fact, they did.
[01:42:07.880 --> 01:42:09.880]  They did everything perfectly.
[01:42:09.880 --> 01:42:15.880]  We have absolutely no issue with their foreclosure proceedings.
[01:42:15.880 --> 01:42:17.880]  But what led to the foreclosure?
[01:42:17.880 --> 01:42:21.880]  Yeah, the problem is they only answered the foreclosure issue.
[01:42:21.880 --> 01:42:25.880]  They didn't answer the 13 causes of action.
[01:42:25.880 --> 01:42:28.880]  And since they didn't answer, they stipulated.
[01:42:28.880 --> 01:42:33.880]  Therefore, we move for summary judgment in all the things we asked for.
[01:42:33.880 --> 01:42:38.880]  And so far both of them were so inept,
[01:42:38.880 --> 01:42:45.880]  it's as if 95% of the people who are foreclosed on never resist.
[01:42:45.880 --> 01:42:50.880]  No, I wouldn't doubt that it's more like 99 plus percent.
[01:42:50.880 --> 01:42:55.880]  Yeah, so they're not used to a good, strong fight.
[01:42:55.880 --> 01:43:00.880]  And like in Texas, if I file a petition against you,
[01:43:00.880 --> 01:43:04.880]  you've got until the Monday after the 20th day.
[01:43:04.880 --> 01:43:10.880]  And if I carefully gauge when I file it, you're going to have 21 days.
[01:43:10.880 --> 01:43:12.880]  That's it.
[01:43:12.880 --> 01:43:18.880]  I give you years of research that you have to answer.
[01:43:18.880 --> 01:43:22.880]  And being the kind of guy I am,
[01:43:22.880 --> 01:43:29.880]  I look very carefully for the kinds of angles and questions that haven't been asked.
[01:43:29.880 --> 01:43:34.880]  So the attorney can't go to his drawer and pull out a bench,
[01:43:34.880 --> 01:43:36.880]  just a boilerplate answer.
[01:43:36.880 --> 01:43:38.880]  He's got to do research.
[01:43:38.880 --> 01:43:40.880]  He don't have time.
[01:43:40.880 --> 01:43:45.880]  But that's really our biggest advantage, until they start chasing on.
[01:43:45.880 --> 01:43:46.880]  Right.
[01:43:46.880 --> 01:43:47.880]  Okay, Marshall.
[01:43:47.880 --> 01:43:49.880]  Again, Randy, I'm done.
[01:43:49.880 --> 01:43:51.880]  Okay, thanks, Marshall.
[01:43:51.880 --> 01:43:54.880]  All right, callers, we have one more segment left.
[01:43:54.880 --> 01:43:59.880]  If you'd like to call in, 512-646-1984.
[01:43:59.880 --> 01:44:04.880]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[01:44:04.880 --> 01:44:08.880]  Stop debt collectors now with the Michael Mears proven method.
[01:44:08.880 --> 01:44:11.880]  Michael Mears has won six cases in federal court against debt collectors,
[01:44:11.880 --> 01:44:13.880]  and now you can win too.
[01:44:13.880 --> 01:44:17.880]  You'll get step-by-step instructions in plain English on how to win in court
[01:44:17.880 --> 01:44:19.880]  using federal civil rights statutes.
[01:44:19.880 --> 01:44:23.880]  What to do when contacted by phone, mail, or court summons.
[01:44:23.880 --> 01:44:25.880]  How to answer letters and phone calls.
[01:44:25.880 --> 01:44:27.880]  How to get debt collectors out of your credit report.
[01:44:27.880 --> 01:44:32.880]  How to turn your financial tables on them and make them pay you to go away.
[01:44:32.880 --> 01:44:37.880]  The Michael Mears proven method is the solution for how to stop debt collectors.
[01:44:37.880 --> 01:44:39.880]  Personal consultation is available as well.
[01:44:39.880 --> 01:44:43.880]  For more information, please visit ruleoflawradio.com
[01:44:43.880 --> 01:44:48.880]  and click on the blue Michael Mears banner or email michaelmears at yahoo.com.
[01:44:48.880 --> 01:44:56.880]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[01:44:56.880 --> 01:44:59.880]  to learn how to stop debt collectors now.
[01:44:59.880 --> 01:45:05.880]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com.
[01:45:05.880 --> 01:45:09.880]  Live free speech talk radio at its best.
[01:45:36.880 --> 01:45:39.880]  Okay, we are back.
[01:45:39.880 --> 01:45:40.880]  We're taking your calls.
[01:45:40.880 --> 01:45:42.880]  One final segment.
[01:45:42.880 --> 01:45:44.880]  We've got Steve on the line.
[01:45:44.880 --> 01:45:47.880]  Steve from Texas, our good friend.
[01:45:47.880 --> 01:45:48.880]  Thanks for calling back in.
[01:45:48.880 --> 01:45:50.880]  So what do you have for us?
[01:45:50.880 --> 01:45:57.880]  Deborah, thank you very much for humoring me the second time this evening.
[01:45:57.880 --> 01:45:59.880]  My question is for Randy.
[01:45:59.880 --> 01:46:01.880]  Randy, we've been kind of skyping back and forth.
[01:46:01.880 --> 01:46:06.880]  I've got several issues with a blue-haired old retired neighborhood Nazi
[01:46:06.880 --> 01:46:09.880]  that lives next door to me.
[01:46:09.880 --> 01:46:14.880]  This woman and her wife, I call him her wife because it's very clear
[01:46:14.880 --> 01:46:18.880]  as to who wears the britches in that household.
[01:46:18.880 --> 01:46:28.880]  You sent me a, well, you suggested that I go look for Texas Penal Code 37.10
[01:46:28.880 --> 01:46:33.880]  in regard to filing false reports.
[01:46:33.880 --> 01:46:40.880]  I have documented and can prove at least four false reports
[01:46:40.880 --> 01:46:45.880]  with the local law enforcement agencies here in Pflugerville
[01:46:45.880 --> 01:46:49.880]  where this woman has filed false reports.
[01:46:49.880 --> 01:46:56.880]  Now, 37.10 states that tampering with government records,
[01:46:56.880 --> 01:47:05.880]  a, a person commits an offense if he, one, knowingly makes a false entry in
[01:47:05.880 --> 01:47:10.880]  or false alteration of a government record and so on and so forth.
[01:47:10.880 --> 01:47:16.880]  Now, there's a good chance that this woman didn't know that she was filing a false report.
[01:47:16.880 --> 01:47:21.880]  She didn't like what I was doing, so she called the cops.
[01:47:21.880 --> 01:47:24.880]  Okay, let me address that.
[01:47:24.880 --> 01:47:25.880]  Okay.
[01:47:25.880 --> 01:47:30.880]  If she acted with, with extreme negligence.
[01:47:30.880 --> 01:47:31.880]  Yes.
[01:47:31.880 --> 01:47:35.880]  If she maintained that you were doing something illegal
[01:47:35.880 --> 01:47:42.880]  without exercising due diligence to ensure that her allegation was accurate,
[01:47:42.880 --> 01:47:49.880]  she exercised extreme negligence and that renders her culpable.
[01:47:49.880 --> 01:47:56.880]  Well, I can, if I file suit on her, I intend on asking her while on the stand,
[01:47:56.880 --> 01:48:04.880]  Mrs. Laborhood Nazi, did you or did you not make a statement to me one time that,
[01:48:04.880 --> 01:48:08.880]  quote, we have law books over here?
[01:48:08.880 --> 01:48:10.880]  She made that statement to me.
[01:48:10.880 --> 01:48:12.880]  She'll have to answer yes.
[01:48:12.880 --> 01:48:18.880]  So therefore, I can prove that she's got the same access to the law that I have.
[01:48:18.880 --> 01:48:25.880]  Now, this last go-around, well, the first go-around was an accusation of stagnant
[01:48:25.880 --> 01:48:30.880]  water in the backyard in regard to my above ground pool.
[01:48:30.880 --> 01:48:34.880]  Code enforcement came out and could have dropped a dime at the bottom of the pool,
[01:48:34.880 --> 01:48:39.880]  and if it landed heads up, they could have told you what year it was stamped in.
[01:48:39.880 --> 01:48:43.880]  That was not the first time that they'd made that false accusation.
[01:48:43.880 --> 01:48:46.880]  They did that on the person that used to live here before we did.
[01:48:46.880 --> 01:48:52.880]  The second time, I've got here important notice from the Fluterville Police
[01:48:52.880 --> 01:48:57.880]  Department code enforcement division that states need to set up trash service,
[01:48:57.880 --> 01:49:01.880]  must not put trash in neighbors' bins.
[01:49:01.880 --> 01:49:05.880]  We've never put trash in neighbors' bins.
[01:49:05.880 --> 01:49:10.880]  This last go-around, I was draining the water out of the pool,
[01:49:10.880 --> 01:49:17.880]  getting it ready to refill it and to use this year.
[01:49:17.880 --> 01:49:25.880]  There was an officer that came out and he pulled this one out of his backside.
[01:49:25.880 --> 01:49:33.880]  He had to because the charge was other, not draining backyard pool into street.
[01:49:33.880 --> 01:49:37.880]  Well, I went to the city code, and the only thing in the city code that I can find
[01:49:37.880 --> 01:49:41.880]  addressing water is stagnant water.
[01:49:41.880 --> 01:49:43.880]  This is not an issue of stagnant water.
[01:49:43.880 --> 01:49:52.880]  So this law enforcement officer pulled this, he just fabricated this charge.
[01:49:52.880 --> 01:49:57.880]  So I went to the code and found that there was no such charge.
[01:49:57.880 --> 01:50:02.880]  I called code enforcement officer Kenneth Jurassic,
[01:50:02.880 --> 01:50:06.880]  who told me that he went through the code, he found the same thing.
[01:50:06.880 --> 01:50:11.880]  So he said, well, you might just wait until the dark of night, you know.
[01:50:11.880 --> 01:50:14.880]  So I thought, well, no, I'm not going to wait until the dark of night.
[01:50:14.880 --> 01:50:16.880]  I want to do it again in broad daylight.
[01:50:16.880 --> 01:50:21.880]  So I went and commenced to draining my pool again.
[01:50:21.880 --> 01:50:25.880]  And lo and behold, here come the city police.
[01:50:25.880 --> 01:50:28.880]  Now this time, different officers showed up.
[01:50:28.880 --> 01:50:32.880]  He sat across the street for a good 20 minutes with his dome light on.
[01:50:32.880 --> 01:50:38.880]  By this time, it was dark, and he went back across to the neighbor's house
[01:50:38.880 --> 01:50:41.880]  and spent about 15, 20 minutes over there, and then came over
[01:50:41.880 --> 01:50:45.880]  and addressed the issue with me, and where he said that he took the time
[01:50:45.880 --> 01:50:50.880]  to look through the code and he only found the same thing I did.
[01:50:50.880 --> 01:50:56.880]  So this tells me that, yes, she was grossly negligent,
[01:50:56.880 --> 01:50:59.880]  because A, she has told me that she's got law books over there,
[01:50:59.880 --> 01:51:02.880]  B, she's got same access to the law that I do,
[01:51:02.880 --> 01:51:06.880]  C, this second officer could find nothing in the law
[01:51:06.880 --> 01:51:11.880]  that states that I've got to drain my pool into the street,
[01:51:11.880 --> 01:51:19.880]  and D, that first officer did not perform his due diligence as did the second officer.
[01:51:19.880 --> 01:51:23.880]  Now the only thing that I can think of that I might be able to get her on
[01:51:23.880 --> 01:51:26.880]  now that you've raised the negligent issue
[01:51:26.880 --> 01:51:34.880]  is her negligence to perform her due diligence by filing the second report,
[01:51:34.880 --> 01:51:38.880]  and this might lead to an abusive use of public funds,
[01:51:38.880 --> 01:51:41.880]  because it took wear and tear on the vehicle,
[01:51:41.880 --> 01:51:43.880]  it took the officer's time, who's paid by public funds,
[01:51:43.880 --> 01:51:47.880]  to come out here and do something about this false accusation,
[01:51:47.880 --> 01:51:50.880]  and just straight-up harassment.
[01:51:50.880 --> 01:51:54.880]  This woman has done this from the day we've moved in.
[01:51:54.880 --> 01:51:57.880]  She is the daughter of the devil himself,
[01:51:57.880 --> 01:52:03.880]  and I would love to see her and her wife hauled off in handcuffs.
[01:52:03.880 --> 01:52:07.880]  Well, did she file a complaint against you?
[01:52:07.880 --> 01:52:11.880]  Yes, but not an official complaint, nothing in court.
[01:52:11.880 --> 01:52:13.880]  She just called the police and said,
[01:52:13.880 --> 01:52:17.880]  hey, they're doing it again, and that caused the police to respond.
[01:52:17.880 --> 01:52:23.880]  That's enough. Charge her with filing a false complaint.
[01:52:23.880 --> 01:52:29.880]  And then send her a tort letter for some outrageous amount,
[01:52:29.880 --> 01:52:33.880]  because these complaints she filed are on the record.
[01:52:33.880 --> 01:52:34.880]  Yes, sir.
[01:52:34.880 --> 01:52:35.880]  Deformation.
[01:52:35.880 --> 01:52:37.880]  I'm talking about $10,000 per violation,
[01:52:37.880 --> 01:52:40.880]  and I'm going to go back to the first one that she filed.
[01:52:40.880 --> 01:52:41.880]  Cheapskate.
[01:52:41.880 --> 01:52:42.880]  Cheapskate.
[01:52:42.880 --> 01:52:46.880]  Woman gets arrested in Walmart in Houston,
[01:52:46.880 --> 01:52:50.880]  put in jail for I think a day and a half, two days,
[01:52:50.880 --> 01:52:53.880]  accused of shoplifting and various other things,
[01:52:53.880 --> 01:52:56.880]  found out the charges were false.
[01:52:56.880 --> 01:52:59.880]  The jury awarded her $8 million.
[01:52:59.880 --> 01:53:01.880]  Ooh, holy cow.
[01:53:01.880 --> 01:53:04.880]  And this is just recently.
[01:53:04.880 --> 01:53:07.880]  This is defamation.
[01:53:07.880 --> 01:53:11.880]  Yes, it is, because it's a matter of public record.
[01:53:11.880 --> 01:53:12.880]  Exactly.
[01:53:12.880 --> 01:53:20.880]  So you send her a tort letter claiming $8 million, $10 million, $12 million, defamation,
[01:53:20.880 --> 01:53:33.880]  making a false report, harassment, and when she doesn't respond, file suit.
[01:53:33.880 --> 01:53:35.880]  You may own both places.
[01:53:35.880 --> 01:53:39.880]  That would tickle me pink.
[01:53:39.880 --> 01:53:42.880]  Yeah, then I'll move one of my kids into her house.
[01:53:42.880 --> 01:53:52.880]  It goes to what Confucius say, man who live in glass house should not throw stones.
[01:53:52.880 --> 01:53:54.880]  Should not throw stones, yeah.
[01:53:54.880 --> 01:53:58.880]  And man who eat jelly beans before going to bed wake up with psychedelic sheets.
[01:53:58.880 --> 01:53:59.880]  Yes.
[01:53:59.880 --> 01:54:06.880]  And woman who cook carrots and peas in same pot, very unsanitary.
[01:54:06.880 --> 01:54:07.880]  We need to go on.
[01:54:07.880 --> 01:54:09.880]  This is getting out of hand.
[01:54:09.880 --> 01:54:11.880]  Yes, it is.
[01:54:11.880 --> 01:54:13.880]  Thank you for your time, folks.
[01:54:13.880 --> 01:54:14.880]  You are welcome.
[01:54:14.880 --> 01:54:17.880]  Bye.
[01:54:17.880 --> 01:54:19.880]  Okay, where are we?
[01:54:19.880 --> 01:54:25.880]  No more of that crappy humor.
[01:54:25.880 --> 01:54:26.880]  Did I put everybody to sleep?
[01:54:26.880 --> 01:54:28.880]  Literally crappy humor there.
[01:54:28.880 --> 01:54:32.880]  Yeah, literally.
[01:54:32.880 --> 01:54:34.880]  But yeah.
[01:54:34.880 --> 01:54:35.880]  Don't let that dissuade you, folks.
[01:54:35.880 --> 01:54:36.880]  Call in anyway.
[01:54:36.880 --> 01:54:38.880]  Yeah, harassing neighbor.
[01:54:38.880 --> 01:54:42.880]  I think I could handle a harassing neighbor.
[01:54:42.880 --> 01:54:49.880]  One of the primary thing this has given to me, you know, I get knocked around to bed.
[01:54:49.880 --> 01:54:56.880]  I get bones broke and a couple of teeth knocked out and spend some time in jail.
[01:54:56.880 --> 01:54:59.880]  But I'm a free man.
[01:54:59.880 --> 01:55:02.880]  Of all the people I know, I'm a free man.
[01:55:02.880 --> 01:55:06.880]  When I see a police car, I don't cringe.
[01:55:06.880 --> 01:55:10.880]  I don't get that hollow feeling in the pit of my stomach.
[01:55:10.880 --> 01:55:17.880]  When I have a public official approach me and they want to huff and puff, I think,
[01:55:17.880 --> 01:55:22.880]  Bubba, you do not want to go there.
[01:55:22.880 --> 01:55:28.880]  And we had a guy in California who's taken on the city there,
[01:55:28.880 --> 01:55:36.880]  and we've had several people talk about this particular issue, how taking them on
[01:55:36.880 --> 01:55:47.880]  and fighting them, win, lose, or draw, you come away feeling like you're empowered.
[01:55:47.880 --> 01:55:50.880]  Guys, you want to get in a fight with me?
[01:55:50.880 --> 01:55:54.880]  Win, lose, or draw, when you get done, you're not ever going to want to do that again.
[01:55:54.880 --> 01:56:03.880]  And that gives you a level of freedom that's worth more than all the effort I put into this.
[01:56:03.880 --> 01:56:11.880]  My brother once told me, he said, Randall, you know, you have had an interesting life.
[01:56:11.880 --> 01:56:17.880]  And I thought about it and said, yes, as a matter of fact, I have.
[01:56:17.880 --> 01:56:21.880]  So all of the difficulty is well worth it.
[01:56:21.880 --> 01:56:29.880]  The struggle it takes to learn how to be free men, not just talk about freedom
[01:56:29.880 --> 01:56:38.880]  and not just stand up and recite the rhetoric that, oh, look at me, I'm sovereign,
[01:56:38.880 --> 01:56:45.880]  but to actually stand up and do something sovereign.
[01:56:45.880 --> 01:56:49.880]  It'll pay you back in more ways than you can ever imagine.
[01:56:49.880 --> 01:56:52.880]  And I'm sure, Eddie, you're familiar with that yourself.
[01:56:52.880 --> 01:56:56.880]  Oh, yes, and quite appreciative of it, too.
[01:56:56.880 --> 01:57:00.880]  And I have to tell you, when I was listening to Eddie on the cell phone
[01:57:00.880 --> 01:57:08.880]  when he got stopped in Rockdale, I'm thinking, I'm going to get to hear him beat into unconsciousness
[01:57:08.880 --> 01:57:13.880]  because he was crawling right down their throats.
[01:57:13.880 --> 01:57:17.880]  So he was actually a little bit more aggressive than I tend to be.
[01:57:17.880 --> 01:57:22.880]  And I was impressed and he didn't get beat into unconsciousness.
[01:57:22.880 --> 01:57:32.880]  So it gives us a level of freedom that it's worth everything it cost us.
[01:57:32.880 --> 01:57:36.880]  And for me, it cost me big time.
[01:57:36.880 --> 01:57:37.880]  It's worth it.
[01:57:37.880 --> 01:57:42.880]  So keep listening, keep learning.
[01:57:42.880 --> 01:57:46.880]  And at some point, you'll feel the confidence.
[01:57:46.880 --> 01:57:51.880]  At some point, someone will step so far across the line
[01:57:51.880 --> 01:57:56.880]  that you just cannot stand back and let it happen anymore.
[01:57:56.880 --> 01:58:02.880]  And you'll step up, you'll raise your voice, you'll put an end to it,
[01:58:02.880 --> 01:58:10.880]  and then you'll look back and say, that wasn't so hard as I thought it would be.
[01:58:10.880 --> 01:58:17.880]  This is Randy Kelton, Eddie Craig, and The Illustrious, Deborah Stevens.
[01:58:17.880 --> 01:58:20.880]  All right, we will be back Monday night, folks.
[01:58:20.880 --> 01:58:25.880]  Monday night is Eddie's night for traffic.
[01:58:25.880 --> 01:58:33.880]  Stay tuned on Sunday night at 8 p.m. Central Time for Gary Johnson, Live and Let Live.
[01:58:33.880 --> 01:58:40.880]  I'm dangerous, I'm dangerous, I'm like a walking prey, so don't you watch my side.
[01:58:40.880 --> 01:58:50.880]  I'm dangerous, dangerous, if you are a bully, treat me good.
[01:58:50.880 --> 01:58:58.880]  If you are a bully, a bully, I dare you treat me good.
[01:58:58.880 --> 01:59:05.880]  I'm like a stepping prey, so don't you watch my side, I'm dangerous, dangerous.
[01:59:05.880 --> 01:59:13.880]  I'm like a stepping prey, so don't you watch my side, I'm dangerous, dangerous.
[01:59:13.880 --> 01:59:20.880]  If you are a chucky, somebody chucky for me.
[01:59:20.880 --> 01:59:28.880]  If you are a chucky, somebody chucky for me.
[01:59:28.880 --> 01:59:36.880]  I'm like a stepping prey, so don't you watch my side, I'm dangerous, dangerous.
[01:59:36.880 --> 01:59:43.880]  I'm like a stepping prey, so don't you watch my side, I'm dangerous, dangerous.
[01:59:43.880 --> 01:59:50.880]  If you are a chucky, somebody chucky for me.
[01:59:50.880 --> 02:00:17.880]  If you are a chucky, somebody chucky for me.