ROL_2010-07-02_16k_Hr3-4.timecode

[00:00.000 --> 00:10.840]  UN Secretary-General Ban Ki-moon says Israel is violating international law by expanding
[00:10.840 --> 00:15.440]  its settlements in occupied Palestinian land, including East Jerusalem.
[00:15.440 --> 00:21.000]  The same trailers that were banned after Hurricane Katrina for having unacceptable levels of
[00:21.000 --> 00:26.000]  formaldehyde are getting a second life as living quarters for clean-up workers in the
[00:26.000 --> 00:27.480]  BP oil spill.
[00:27.480 --> 00:33.200]  The trailers, which are being resold for $2,500, started down their road to infamy after Katrina
[00:33.200 --> 00:44.440]  when FEMA officials ordered $2.7 billion worth of trailers to house victims of the storm.
[00:44.440 --> 00:51.160]  In Pakistan Thursday, at least 37 people were killed and 175 injured after two bombs exploded
[00:51.160 --> 00:53.420]  at a Muslim shrine in Lahore.
[00:53.420 --> 01:02.360]  The death toll is expected to rise as some of those injured are in critical condition.
[01:02.360 --> 01:07.040]  Britain's military spokesman in Afghanistan says roadside bombs that kill British troops
[01:07.040 --> 01:10.080]  are being supplied from Iran and Pakistan.
[01:10.080 --> 01:14.600]  Major General Gordon Messenger also revealed that Taliban insurgents are altering their
[01:14.600 --> 01:19.440]  tactics to launch more long-range sniper attacks on NATO forces.
[01:19.440 --> 01:26.640]  309 British personnel have been killed in Afghanistan since 2001, many by roadside bombs.
[01:26.640 --> 01:31.720]  General Messenger said UK forces and Afghan civilians now face an unprecedented threat
[01:31.720 --> 01:32.720]  from such devices.
[01:32.720 --> 01:39.040]  A London School of Economics report last month said Pakistan's ISI spy service is giving
[01:39.040 --> 01:42.000]  extensive backing to the Afghan insurgency.
[01:42.000 --> 01:46.440]  Prime Minister David Cameron has promised to double the number of bomb disposal teams.
[01:46.440 --> 01:51.400]  This news brief brought to you by the International Newsnet.
[01:51.400 --> 01:56.880]  About a quarter of the swine flu vaccine produced for the U.S. public has expired, meaning a
[01:56.880 --> 02:03.960]  whopping 40 million doses worth about $260 million are being written off as trash.
[02:03.960 --> 02:08.480]  The outdated vaccine, some of which expired Wednesday, will be burnt.
[02:08.480 --> 02:14.360]  The amount, as much as four times the usual leftover seasonal flu vaccine, is a record.
[02:14.360 --> 02:20.000]  A further 30 million doses is set to expire soon, meaning more than 43% of the supply
[02:20.000 --> 02:23.120]  for the U.S. public will have gone to waste.
[02:23.120 --> 02:27.600]  Many health experts have feared swine flu could be the deadly global epidemic they had
[02:27.600 --> 02:32.240]  long warned about, but it ended up killing fewer people than seasonal flu.
[02:32.240 --> 02:37.080]  In Europe, where nations also found themselves with millions of unused doses, critics attacked
[02:37.080 --> 02:41.960]  the World Health Organization, which declared swine flu a global pandemic.
[02:41.960 --> 02:46.960]  Accusing WHO advisors of having links to the pharmaceutical industry.
[03:11.960 --> 03:35.480]  Okay, we're back for the second half of our Friday Info Marathon here on the Rule of Law.
[03:35.480 --> 03:37.480]  Special tribute show to the Rainbow Family.
[03:37.480 --> 03:39.680]  It can't be there this year.
[03:39.680 --> 03:45.520]  However, I've dedicated the time to helping them through this case.
[03:45.520 --> 03:48.040]  I'm about to file, maybe file.
[03:48.040 --> 03:51.800]  It depends on how they react to the tort letter, and before we go to the calls, I just wanted
[03:51.800 --> 03:58.640]  to briefly address what the previous caller was saying about taking a sellout or me selling
[03:58.640 --> 04:04.160]  out or getting paid off and, you know, sticking to principles and pushing the envelope in
[04:04.160 --> 04:05.160]  court.
[04:05.160 --> 04:09.840]  Okay, let me explain a little bit of detail here.
[04:09.840 --> 04:19.400]  Okay, the circumstances of what happened to us, I don't believe is going to offer an opportunity
[04:19.400 --> 04:23.560]  to overturn the Cabalist ruling in 05.
[04:23.560 --> 04:34.280]  The Cabalist ruling, the judge ruled that it's okay for the police to bring out dogs
[04:34.280 --> 04:36.800]  during the stop.
[04:36.800 --> 04:43.040]  Like the case had to do with one cop was doing the pencil pushing and dealing with the papers
[04:43.040 --> 04:47.680]  and writing the ticket or whatever, and while during the course of the traffic stop and
[04:47.680 --> 04:53.160]  the business of the traffic stop, the other officer was running the dog around the car.
[04:53.160 --> 04:54.160]  Okay?
[04:54.160 --> 04:58.560]  Cabalist ruling says it's okay for them to do that, and the Cabalist ruling has nothing
[04:58.560 --> 05:07.920]  to do with the issue of whether or not actions by these dogs can be used as a probable cause
[05:07.920 --> 05:09.400]  for a search.
[05:09.400 --> 05:12.520]  Okay, that's yet another issue.
[05:12.520 --> 05:16.880]  Okay, what happened to us was the traffic stop was done, all right?
[05:16.880 --> 05:21.720]  He had given me the papers back, he had run the background checks or whatever else, he
[05:21.720 --> 05:28.600]  had given me the papers back, and then he informed us that he was going to run the dog
[05:28.600 --> 05:29.600]  around the car.
[05:29.600 --> 05:34.240]  Okay, he didn't even ask, told us that's what he was going to do, all right?
[05:34.240 --> 05:42.400]  That initiated a new and separate additional event that had nothing to do with the traffic
[05:42.400 --> 05:44.200]  stop whatsoever.
[05:44.200 --> 05:55.840]  Okay, because of the sequence of events, it's straight up slam dunk in the bag, in the box
[05:55.840 --> 06:01.840]  violates the Terry Stop ruling and all the subsequent Supreme Court cases that are based
[06:01.840 --> 06:07.000]  on and support the Terry Stop ruling, because the Terry Stop ruling says all this stuff
[06:07.000 --> 06:11.080]  has to happen during the traffic stop.
[06:11.080 --> 06:18.120]  They can't prolong the duration or the scope, okay, especially they can't prolong the duration.
[06:18.120 --> 06:27.440]  They prolong the duration after the traffic stop business was concluded, okay, and that's
[06:27.440 --> 06:29.200]  where I'm going to win.
[06:29.200 --> 06:34.120]  There's no reason for me to insist on pushing the envelope in court because it's already
[06:34.120 --> 06:35.960]  been well adjudicated.
[06:35.960 --> 06:41.720]  I don't believe that the circumstances are going to offer me personally the opportunity
[06:41.720 --> 06:50.120]  to either overturn Caballus or to overturn U.S. v. Kennedy, which was a 97 case, where
[06:50.120 --> 06:54.680]  regarding the certification, if the dogs are properly certified, then it can be used as
[06:54.680 --> 06:59.640]  probable cause, or rather if the dog is not properly certified, you can't use their behavior
[06:59.640 --> 07:00.640]  as probable cause.
[07:00.640 --> 07:07.480]  I don't believe the circumstances of my case are going to be able to support overturning
[07:07.480 --> 07:12.240]  either U.S. v. Kennedy nor U.S. v. Caballus, okay.
[07:12.240 --> 07:17.800]  If the circumstances of my case look like I could possibly get either one of those two
[07:17.800 --> 07:25.040]  cases overturned, I would push it all the way to the Supreme Court, okay, but I don't really
[07:25.040 --> 07:33.240]  have any standing or facts to overturn either one of those two very important cases, so
[07:33.240 --> 07:34.240]  what's the point?
[07:34.240 --> 07:41.720]  If they offer me some money, you know I'm going to take it, okay, because there's really
[07:41.720 --> 07:46.960]  nothing for me to push the envelope on in the court system.
[07:46.960 --> 07:54.200]  It's been adjudicated already, all right, but however, what happened to me does establish
[07:54.200 --> 08:00.880]  additional evidence that these dogs are completely unreliable and even are used as tools against
[08:00.880 --> 08:07.280]  us for fishing expeditions, so that's established, okay, but it's not a sellout.
[08:07.280 --> 08:08.920]  It would not be a sellout for me to take the money.
[08:08.920 --> 08:13.600]  If I had the opportunity to overturn Caballus or Kennedy and I took the money, then that
[08:13.600 --> 08:20.080]  would be a sellout, and also if they offered me money that I couldn't refuse before I even
[08:20.080 --> 08:25.680]  filed a case as a result of the tort letter and they convinced me to sign a non-disclosure
[08:25.680 --> 08:34.040]  agreement to not even mention that we had a contract, that we had a deal, I'm not going
[08:34.040 --> 08:36.760]  to do that either, okay, I'm not going to do that either.
[08:36.760 --> 08:41.240]  I'll agree to non-disclosure of the amount, but not the fact that they offered in pay,
[08:41.240 --> 08:47.160]  okay, but at any rate, I just want to clarify my boundaries here regarding selling out,
[08:47.160 --> 08:55.120]  okay, and getting paid off, and when to fight, and when not to, on what grounds, all right.
[08:55.120 --> 08:59.400]  I have other issues that I'm going to push all the way to the Supreme Court if necessary
[08:59.400 --> 09:04.200]  regarding a right of freedom of the press.
[09:04.200 --> 09:09.800]  Okay, we're going to go now to Carlos in California and then Mike in Connecticut.
[09:09.800 --> 09:11.040]  Carlos, thanks for calling in.
[09:11.040 --> 09:12.040]  What's on your mind tonight?
[09:12.040 --> 09:15.040]  Thank you, and good evening to everybody.
[09:15.040 --> 09:20.880]  I have a question for Mr. Randi, okay, on foreclosures.
[09:20.880 --> 09:27.800]  What happens when U.S. Bank National Association asks trustee for a trust trying to lift the
[09:27.800 --> 09:36.200]  automatic stay of a BK7, Bank of 67, and when they are not registered to perform, they are
[09:36.200 --> 09:42.200]  not registered in California, they are trying to lift the automatic stay.
[09:42.200 --> 09:45.200]  Okay.
[09:45.200 --> 09:51.720]  Randi, are you there?
[09:51.720 --> 09:54.920]  Randi, are you there?
[09:54.920 --> 09:56.400]  Somebody muted my mic again.
[09:56.400 --> 09:57.400]  Okay.
[09:57.400 --> 10:03.560]  What they will claim is that they are registered with the United States as a national banking
[10:03.560 --> 10:08.480]  organization and therefore can practice in any state.
[10:08.480 --> 10:16.240]  This was, we just had a Utah court rule against Bank of America because they weren't registered
[10:16.240 --> 10:18.840]  to do business in the state of Utah.
[10:18.840 --> 10:26.520]  They immediately moved the case to the federal court, and the federal court said that if
[10:26.520 --> 10:35.920]  the fed authorized a banking organization to do business in the state, that it totally
[10:35.920 --> 10:44.440]  preempts the authority of the state to regulate that banking entity in any way.
[10:44.440 --> 10:53.800]  Now, in this political comment, I suspect that this is going to raise the ire of a lot
[10:53.800 --> 11:03.720]  of state legislators because the feds are saying that the state doesn't have the right
[11:03.720 --> 11:08.560]  to regulate those doing business in their own state.
[11:08.560 --> 11:15.520]  If the federal government say they can do it, this is absolute, complete preemption.
[11:15.520 --> 11:25.400]  However, it is the law as we stand at the moment, and until the states come in and say
[11:25.400 --> 11:31.200]  absolutely not, then they are going to be able to do that.
[11:31.200 --> 11:38.200]  Okay, so basically, it's worthless whether we bring it up in court or any proceedings,
[11:38.200 --> 11:39.200]  right?
[11:39.200 --> 11:41.200]  No, I don't think it's worthless.
[11:41.200 --> 11:48.160]  I think we should look at the Utah case and send me an email about it.
[11:48.160 --> 11:52.160]  I'll send you the case and the response by the fed.
[11:52.160 --> 11:54.120]  Yeah, that's a shoemade, right?
[11:54.120 --> 11:55.120]  That's a shoemade?
[11:55.120 --> 12:00.920]  Well, if I may interject here for a moment, you said this is in California, right?
[12:00.920 --> 12:02.680]  Yes.
[12:02.680 --> 12:10.920]  You are aware that the California Constitution specifically forbids the creation or operation
[12:10.920 --> 12:17.520]  of a bank lending institution or credit agency of any kind within California.
[12:17.520 --> 12:18.520]  Right.
[12:18.520 --> 12:21.120]  Are they going to respect that?
[12:21.120 --> 12:24.120]  No, yeah, that's a different issue.
[12:24.120 --> 12:28.200]  They're likely going to be respecting it somewhere between little and none.
[12:28.200 --> 12:33.160]  Well, but you bring up the issue that they have no standing within the state to bring
[12:33.160 --> 12:35.160]  it to court.
[12:35.160 --> 12:39.880]  They have no authority to be within the state, therefore, they have no access to the courts
[12:39.880 --> 12:40.880]  of the state.
[12:40.880 --> 12:45.880]  So, they have no jurisdiction.
[12:45.880 --> 12:50.440]  They have no standing, whereas the plaintiff, they have no standing.
[12:50.440 --> 12:55.600]  The court has jurisdiction to throw it out, but the court can't do anything but that because
[12:55.600 --> 13:01.080]  the plaintiff has no standing to institute the foreclosure because they have no authority
[13:01.080 --> 13:02.080]  to act within the state.
[13:02.080 --> 13:05.080]  That brings up a good question.
[13:05.080 --> 13:12.480]  Just because they're allowed to do business in the state, does it mean they're allowed
[13:12.480 --> 13:14.280]  to come into a state court?
[13:14.280 --> 13:17.600]  So, what the Fed is saying is we are-
[13:17.600 --> 13:21.960]  Well, the thing is, the state constitution says they're not allowed to do business in
[13:21.960 --> 13:22.960]  the state.
[13:22.960 --> 13:32.080]  They're not allowed to do that, but it's a different question.
[13:32.080 --> 13:41.640]  We're addressing the question of whether or not the state, the Fed, can authorize a institution
[13:41.640 --> 13:43.360]  to do business within the state.
[13:43.360 --> 13:48.640]  That would- if the state were claiming preemption, they could preempt the state's constitution.
[13:48.640 --> 13:56.240]  They're saying it doesn't make any difference what the state says, that if we say they can
[13:56.240 --> 13:59.840]  do business, they can do business.
[13:59.840 --> 14:10.480]  Well, maybe the argument would be, yeah, I suppose the Fed can say that they can do business,
[14:10.480 --> 14:16.680]  but the state can't tell- I mean, the Fed can't tell the state that the state has to
[14:16.680 --> 14:24.320]  allow someone in their court, in the state court, that hasn't met state law, to preempt
[14:24.320 --> 14:28.880]  the invoked subject matter jurisdiction of the state.
[14:28.880 --> 14:35.160]  They can do business in the state and be in good standing with the Fed, but they're outlaws
[14:35.160 --> 14:42.600]  as far as the state is concerned, and what I mean by outlaw, it means that they are outside
[14:42.600 --> 14:46.880]  the protection of the state law.
[14:46.880 --> 14:47.880]  Okay.
[14:47.880 --> 14:52.200]  Okay, and this other gentleman, what's his name?
[14:52.200 --> 14:53.200]  Eddie Gray.
[14:53.200 --> 14:54.200]  This is Eddie.
[14:54.200 --> 14:59.080]  Eddie, what would you do in this situation?
[14:59.080 --> 15:09.160]  I would file a motion to dismiss the case, to not only dismiss the case, but to get a
[15:09.160 --> 15:15.680]  declaratory judgment in my favor, because they lack standing, and then go after them
[15:15.680 --> 15:19.360]  for all the cost involved in fighting them to begin with when they had no authority to
[15:19.360 --> 15:21.360]  bring the case.
[15:21.360 --> 15:22.360]  Okay.
[15:22.360 --> 15:30.080]  Now, any court rulings or any case law that I can go back to and bring it up to the judge?
[15:30.080 --> 15:32.120]  I don't know that.
[15:32.120 --> 15:35.680]  This is something that Kevin Michaels and I went through and found within the California
[15:35.680 --> 15:41.360]  Constitution here probably no more than two months ago, but two months ago we went through
[15:41.360 --> 15:48.040]  it section by section, and it specifically prohibits banks, credit companies, credit
[15:48.040 --> 15:50.120]  card agencies.
[15:50.120 --> 15:57.360]  Any type of lending institution for credit purposes is absolutely forbidden to operate
[15:57.360 --> 15:59.400]  within the borders of California.
[15:59.400 --> 16:00.400]  Okay.
[16:00.400 --> 16:10.160]  Well, the thing I was going to is asking the right questions, so the feds are saying they
[16:10.160 --> 16:21.160]  can authorize companies or banking institutions to do business in the state, but I'm saying
[16:21.160 --> 16:28.320]  that the feds cannot give those institutions standing in a state court.
[16:28.320 --> 16:33.600]  No, I agree with that.
[16:33.600 --> 16:42.200]  This is the question we have, is can they come into the state court and represent themselves
[16:42.200 --> 16:51.320]  in the state court just because the feds said that they could do business in the state?
[16:51.320 --> 16:52.320]  Thank you, sir.
[16:52.320 --> 16:53.320]  All right.
[16:53.320 --> 16:54.320]  Thank you, Carlos.
[16:54.320 --> 16:55.320]  All right.
[16:55.320 --> 16:56.320]  We'll be right back.
[16:56.320 --> 17:02.600]  Title of this letter is from Chapter 26, 1984.
[17:02.600 --> 17:07.780]  Capital Coin and Bullion is your local source for rare coins, precious metals and coin supplies
[17:07.780 --> 17:09.800]  in the Austin metro area.
[17:09.800 --> 17:11.840]  We also ship worldwide.
[17:11.840 --> 17:15.880]  We are a family-owned and operated business that offers competitive prices on your coin
[17:15.880 --> 17:16.880]  and metals purchases.
[17:16.880 --> 17:22.480]  We buy, sell, trade, and consign rare coins, gold and silver coin collections, precious
[17:22.480 --> 17:24.440]  metals, and scrap gold.
[17:24.440 --> 17:28.040]  We will purchase and sell gold and jewelry items as well.
[17:28.040 --> 17:30.640]  We offer daily specials on coins and bullion.
[17:30.640 --> 17:36.880]  We're located at 5448 Barnett Road Suite 3 and we're open Monday through Friday 10 a.m.
[17:36.880 --> 17:40.600]  to 6 p.m. Saturdays 10 a.m. to 5 p.m.
[17:40.600 --> 17:48.000]  You are welcome to stop in our shop during regular business hours or call 512-646-6440
[17:48.000 --> 17:49.000]  with any questions.
[17:49.000 --> 17:54.800]  As for Chad, say you heard about us on Rule of Law Radio or 90.1 FM, that's Capital Coin
[17:54.800 --> 18:19.000]  and Bullion, 512-646-6440.
[18:24.800 --> 18:49.800]  We're open Monday through Friday 10 a.m. to 6 p.m. to 5 p.m. to 6 p.m. to 5 p.m.
[18:49.800 --> 19:04.800]  to 6 p.m. to 6 p.m.
[19:04.800 --> 19:10.800]  Call on his name once again, may we call you know he worth name
[19:10.800 --> 19:16.800]  Trust him behind me friend, tell him you're probably insane
[19:16.800 --> 19:22.800]  Call on his name once again, may we call you know he worth name
[19:22.800 --> 19:25.800]  That is what you call him, you call him Buhuda
[19:25.800 --> 19:28.800]  You call him an Allah or you call him Jeovia
[19:28.800 --> 19:31.800]  Call upon his name and you call Rasta
[19:31.800 --> 19:34.800]  Pray to him and he'll deliver
[19:34.800 --> 19:37.800]  Miracle he work and he work it all over
[19:37.800 --> 19:40.800]  Let the blind flee and the deaf hear weep
[19:40.800 --> 19:43.800]  Call on his name and get up off to sleep
[19:43.800 --> 19:46.800]  Call on your father because he'll deliver me
[19:46.800 --> 19:51.800]  Trust him behind me friend, tell him you're probably insane
[19:51.800 --> 19:57.800]  Call on his name once again, may we call you know he worth name
[19:57.800 --> 20:01.800]  He is the king, earth white full ruler
[20:01.800 --> 20:03.800]  That's why I call upon his name every hour
[20:03.800 --> 20:06.800]  Call on his name, let him know I am here
[20:06.800 --> 20:09.800]  All of me faith when I put my hand on him
[20:09.800 --> 20:12.800]  Let's trust mankind because them is killing
[20:12.800 --> 20:15.800]  Look at them dark mankind, they singing
[20:15.800 --> 20:18.800]  Only God alone, he is my name
[20:18.800 --> 20:20.800]  He is earth white full ruler and
[20:20.800 --> 20:24.800]  I trust him behind me friend
[20:24.800 --> 20:27.800]  Tell him you're probably insane
[20:27.800 --> 20:32.800]  Call on his name once again, may we call you know he worth name
[20:32.800 --> 20:38.800]  Trust him behind me friend, tell him you're probably insane
[20:38.800 --> 20:44.800]  Call on his name once again, may we call you know he worth name
[20:44.800 --> 20:47.800]  Because your father I make up on him
[20:47.800 --> 20:50.800]  He is the king man, he is everything
[20:50.800 --> 20:53.800]  Because God in front me say everything he do
[20:53.800 --> 20:56.800]  Because your father I make up on him
[20:56.800 --> 20:59.800]  Because your father I make up on him
[20:59.800 --> 21:02.800]  Because God in front me say everything he do
[21:02.800 --> 21:05.800]  Because God in front me say everything he do
[21:05.800 --> 21:08.800]  Because God in front me say everything he do
[21:08.800 --> 21:13.800]  So trust him behind me friend, tell him you're probably insane
[21:13.800 --> 21:19.800]  Call on his name once again, may we call you know he worth name
[21:19.800 --> 21:23.800]  Because your father I make up on him
[21:23.800 --> 21:25.800]  Alright folks, sorry we had an extended break there.
[21:25.800 --> 21:29.800]  Okay, we are, Carlos is still on the line.
[21:29.800 --> 21:32.800]  Carlos, did you have anything else?
[21:32.800 --> 21:33.800]  Yes, I'm here.
[21:33.800 --> 21:35.800]  Did you have anything else for us?
[21:35.800 --> 21:39.800]  Yes, what about when they do the assignment,
[21:39.800 --> 21:42.800]  when the trustee has to do an assignment,
[21:42.800 --> 21:46.800]  they have to get the power to close in you.
[21:46.800 --> 21:49.800]  It has to be recorded and most of them are not doing it.
[21:49.800 --> 21:52.800]  Okay, there's a lot to that.
[21:52.800 --> 21:55.800]  Okay, one thing, you question the assignment.
[21:55.800 --> 22:02.800]  Who actually assigned the authority to you?
[22:02.800 --> 22:04.800]  Who made you the trustee?
[22:04.800 --> 22:08.800]  Are you the trustee and the beneficiary?
[22:08.800 --> 22:10.800]  And who actually signed that first?
[22:10.800 --> 22:17.800]  Do they actually represent the true holder of the note?
[22:17.800 --> 22:22.800]  Or are they someone who works for your law firm or your company?
[22:22.800 --> 22:27.800]  Which we found that's the case in a lot of instances.
[22:27.800 --> 22:30.800]  And whatever company they work for,
[22:30.800 --> 22:35.800]  do they really hold the notes or do they have the authority to make the assignment?
[22:35.800 --> 22:37.800]  Which most likely they don't.
[22:37.800 --> 22:42.800]  Most likely they don't and the only way they can show authority
[22:42.800 --> 22:46.800]  is to produce the original note.
[22:46.800 --> 22:47.800]  Right.
[22:47.800 --> 22:54.800]  We were working in Colorado and the Colorado courts have held
[22:54.800 --> 22:57.800]  that it's sufficient to produce a copy of the note
[22:57.800 --> 23:02.800]  to give the lender standing to come into their court.
[23:02.800 --> 23:08.800]  Well, maybe that's true, but under UCC 3-501,
[23:08.800 --> 23:18.800]  producing a copy of the note is insufficient to give the lender authority to collect on the note.
[23:18.800 --> 23:22.800]  So while they may come and be able to come into court,
[23:22.800 --> 23:26.800]  they can't move to collect on the note unless they produce the original
[23:26.800 --> 23:34.800]  because to rule otherwise would not be in parallel material with all of the laws,
[23:34.800 --> 23:38.800]  which include uniform commercial code.
[23:38.800 --> 23:42.800]  The fact that they have the note, it was assigned to them.
[23:42.800 --> 23:44.800]  Right?
[23:44.800 --> 23:45.800]  Say that again.
[23:45.800 --> 23:46.800]  I missed that last part.
[23:46.800 --> 23:50.800]  Even if they have the note, there has to be an assignment to them.
[23:50.800 --> 23:56.800]  The deed of trust in the note has to be assigned to the trust in order for it to be valid.
[23:56.800 --> 23:59.800]  Yes, and there would have to be a chain of custody.
[23:59.800 --> 24:00.800]  Right.
[24:00.800 --> 24:01.800]  Okay.
[24:01.800 --> 24:07.800]  Now, I wanted to ask Eddie, where can I get more information on that?
[24:07.800 --> 24:12.800]  I'm really interested in this, finding out more about the Constitution in California.
[24:12.800 --> 24:16.800]  All you've got to do is go to the online version of the Constitution and download it.
[24:16.800 --> 24:22.800]  They've also got a research site that has the various versions of the state Constitution there,
[24:22.800 --> 24:25.800]  just like we do here in Texas over at Tarleton Law Library.
[24:25.800 --> 24:27.800]  Wait a minute, Eddie.
[24:27.800 --> 24:34.800]  First, we have to get to the issue that the current Constitution has been repealed.
[24:34.800 --> 24:36.800]  Yes, I understand all that.
[24:36.800 --> 24:41.800]  Well, make sure that the courts understand that you're not talking about the current Constitution.
[24:41.800 --> 24:44.800]  No, I am talking about the current Constitution.
[24:44.800 --> 24:51.800]  Okay, the current Constitution includes the clause that says women, women.
[24:51.800 --> 24:54.800]  It's a little plain words here.
[24:54.800 --> 24:59.800]  The one they act like is the most recent Constitution.
[24:59.800 --> 25:00.800]  Is the one?
[25:00.800 --> 25:04.800]  It has the clause in it that I'm referring to, yes.
[25:04.800 --> 25:09.800]  I was just saying that there are other things that may be helpful in the history
[25:09.800 --> 25:13.800]  because he said he wanted to research it and see.
[25:13.800 --> 25:20.800]  Because when I was talking to Kevin, he was saying that the current Constitution has been repealed,
[25:20.800 --> 25:23.800]  but we have to go back to the one before it.
[25:23.800 --> 25:26.800]  And that's the one he was quoting from.
[25:26.800 --> 25:31.800]  That's the part that I am not privy to.
[25:31.800 --> 25:34.800]  The last one we looked at is the one that you read.
[25:34.800 --> 25:39.800]  This Constitution would allow it, but this Constitution has been repealed,
[25:39.800 --> 25:44.800]  so we have to go back to the 1879 Constitution.
[25:44.800 --> 25:50.800]  And that one is the one that forbids the banks.
[25:50.800 --> 25:52.800]  Well, that's possible.
[25:52.800 --> 25:59.800]  I turned him on to it, and he has been digging through it consistently ever since.
[25:59.800 --> 26:01.800]  So I don't know precisely.
[26:01.800 --> 26:15.800]  He and Charlie Sprinkle found the bank clause portion of it and filed to have all of Charlie's credit card debt collections dismissed.
[26:15.800 --> 26:24.800]  They actually wrote an order to the court, and the court signed it dismissing all of it based upon that information.
[26:24.800 --> 26:26.800]  I need that information.
[26:26.800 --> 26:36.800]  Carlos, you will send me a contact email through our website there, eddie at ruleoflawradio.com.
[26:36.800 --> 26:41.800]  With your return contact information, phone number and everything,
[26:41.800 --> 26:45.800]  I will forward that to Kevin, and I will get him directly in touch with you.
[26:45.800 --> 26:46.800]  Okay.
[26:46.800 --> 26:52.800]  And I would like to share something with you guys that's been working out here in California fighting for closures.
[26:52.800 --> 26:58.800]  And I learned this from Neil Garfield and also Max Gardner, the guru in bankruptcy, is teaching this,
[26:58.800 --> 27:01.800]  so I believe it's strongly going to work.
[27:01.800 --> 27:04.800]  I'll make it real quick because I know we've got more guys waiting.
[27:04.800 --> 27:12.800]  What I'm trying to do, what I'm doing right now, I'm filing bankruptcy seven, BK7, okay?
[27:12.800 --> 27:14.800]  And then BK7 is about liquidity.
[27:14.800 --> 27:19.800]  That's going to compel them to, in the 341 meeting, to come up and prove the other creditors.
[27:19.800 --> 27:20.800]  They don't come up.
[27:20.800 --> 27:37.800]  And also before that, the trick is, what Neil Garfield says, put them as an unsecured asset and priority and schedule it.
[27:37.800 --> 27:41.800]  When the judge looks at it and they try to do the automatic lift,
[27:41.800 --> 27:47.800]  they're just going to look at it and say, well, they're claiming you're not a secured creditor.
[27:47.800 --> 27:51.800]  And he says, yes, but we are, and they're just going to say, okay, prove it and then we'll lift it.
[27:51.800 --> 27:53.800]  So that's been working a little bit for us.
[27:53.800 --> 27:55.800]  I thought I would share that with you guys.
[27:55.800 --> 27:56.800]  That's all.
[27:56.800 --> 28:07.800]  So you're saying that in the bankruptcy, if they don't prove that they're the secured creditor, then they have no claim.
[28:07.800 --> 28:17.800]  Right. I have a concern about that because I've talked to people who went into bankruptcy to stop the foreclosure
[28:17.800 --> 28:24.800]  and then closed out the bankruptcy before it finished.
[28:24.800 --> 28:33.800]  So the fact that the lender failed to prove up that he was a valid creditor didn't help,
[28:33.800 --> 28:41.800]  because if they didn't get a final ruling in the bankruptcy, then he could come right in behind and still make his claim.
[28:41.800 --> 28:47.800]  Yeah, he's going to come back and make a claim after the bankruptcy is over.
[28:47.800 --> 28:51.800]  But there again, we have a seven-year protection on bankruptcy seven.
[28:51.800 --> 28:53.800]  They're going to come back.
[28:53.800 --> 28:54.800]  Now, wait a minute, wait a minute.
[28:54.800 --> 29:00.800]  In bankruptcy, doesn't all the creditors have to make their claim when they waive it?
[29:00.800 --> 29:03.800]  Yes, in 341 meeting.
[29:03.800 --> 29:08.800]  So if you complete the bankruptcy, when you're out the back side,
[29:08.800 --> 29:14.800]  it would seem that the lender would be a stop thereafter from making his claim.
[29:14.800 --> 29:18.800]  Yeah, it becomes unsecured.
[29:18.800 --> 29:24.800]  And then they're going to come back after you, because we have a group and we're doing the same thing now.
[29:24.800 --> 29:30.800]  So how does the bankruptcy stop foreclosure or does it?
[29:30.800 --> 29:35.800]  Well, it doesn't stop at the fact that they didn't show up and prove they're the creditors.
[29:35.800 --> 29:37.800]  Now we want in federal court.
[29:37.800 --> 29:40.800]  Now you have a facial evidence that you've got to come back.
[29:40.800 --> 29:42.800]  That's the main point.
[29:42.800 --> 29:44.800]  Prove that and make a court record.
[29:44.800 --> 29:46.800]  Okay, guys, thank you.
[29:46.800 --> 29:48.800]  All right, thanks, Carlos.
[29:48.800 --> 29:51.800]  Okay, we're going to go to Mike in Connecticut.
[29:51.800 --> 29:55.800]  The phone lines are open, 512-646-1984.
[29:55.800 --> 30:00.800]  Folks, call on in.
[30:00.800 --> 30:05.800]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[30:05.800 --> 30:09.800]  Stop debt collectors now with the Michael Mears proven method.
[30:09.800 --> 30:14.800]  Michael Mears has won six cases in federal court against debt collectors, and now you can win, too.
[30:14.800 --> 30:20.800]  You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statute.
[30:20.800 --> 30:24.800]  What to do when contacted by phone, mail, or court summons.
[30:24.800 --> 30:26.800]  How to answer letters and phone calls.
[30:26.800 --> 30:28.800]  How to get debt collectors out of your credit report.
[30:28.800 --> 30:33.800]  How to turn the financial tables on them and make them pay you to go away.
[30:33.800 --> 30:38.800]  The Michael Mears proven method is the solution for how to stop debt collectors.
[30:38.800 --> 30:40.800]  Personal consultation is available as well.
[30:40.800 --> 30:49.800]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner or email michaelmears at yahoo.com.
[30:49.800 --> 31:00.800]  That's ruleoflawradio.com or email michaelmears at yahoo.com to learn how to stop debt collectors now.
[31:19.800 --> 31:37.800]  I won't, I won't, I won't let you pull the wool over my eyes.
[31:37.800 --> 31:53.800]  I really must refuse your notes, all soaked up in lies. It seems you like to fit, but please take some words to the wise.
[31:53.800 --> 32:20.800]  I'm trying to pull the wool over my eyes.
[32:20.800 --> 32:38.800]  That orange is an orange and will never be an apple.
[32:38.800 --> 32:46.800]  These images are no good, it is no tough concept to grapple.
[32:46.800 --> 32:54.800]  It's just too much to bear. I won't wear your evil shackles.
[32:54.800 --> 32:58.800]  A blue bird is a blue bird and will never...
[32:58.800 --> 33:03.800]  All right, we will not wear their evil shackles.
[33:03.800 --> 33:08.800]  Okay, we are going now to Mike in Connecticut.
[33:08.800 --> 33:12.800]  Mike, thanks for calling in, thanks for holding. What's on your mind tonight?
[33:12.800 --> 33:14.800]  Are you going to, can you hear me okay?
[33:14.800 --> 33:17.800]  Yes, go ahead.
[33:17.800 --> 33:28.800]  I was working with Dan from Connecticut on my wife's case and with brainstorming and I come up with a statute of limitation of defense in her case.
[33:28.800 --> 33:33.800]  I wanted to run it by you guys to see if you could validate my argument.
[33:33.800 --> 33:50.800]  She was arrested recently on a warrant that was allegedly issued over a year ago and a statute of limitation for a misdemeanor in Connecticut is one year.
[33:50.800 --> 33:55.800]  A statute of limitation doesn't apply there.
[33:55.800 --> 34:04.800]  Anytime you are absent essentially without leave from the court, that doesn't count.
[34:04.800 --> 34:10.800]  The statute of limitations goes to the commencement of a prosecution.
[34:10.800 --> 34:20.800]  Once the prosecution commences, the statute of limitations clock stops tolling and the speedy trial clock begins to toll.
[34:20.800 --> 34:32.800]  However, if you fail to show up in court, the speedy trial clock stops until you make the proper appearance in court.
[34:32.800 --> 34:40.800]  So the fact that there was a warrant during the pendency of the warrant, the clock fell to toll.
[34:40.800 --> 34:43.800]  What if there is no warrant?
[34:43.800 --> 34:50.800]  If there is no warrant and you are waiting to go to trial, then the clock is running.
[34:50.800 --> 35:02.800]  If you made your appearance and you are in good standing with the court in that regard, then your right to a speedy trial is invoked.
[35:02.800 --> 35:07.800]  Any delay that is caused by you doesn't count.
[35:07.800 --> 35:14.800]  So if they order you to court and you don't show up, the day you don't show up, the clock stops.
[35:14.800 --> 35:25.800]  Okay, but I thought the statute of limitations applies to the occurrence of the crime.
[35:25.800 --> 35:27.800]  We have missed part of that.
[35:27.800 --> 35:34.800]  In other words, whenever the crime is committed, that's when the statute of limitations starts, doesn't it?
[35:34.800 --> 35:36.800]  No.
[35:36.800 --> 35:40.800]  I'm having a fidelity problem.
[35:40.800 --> 35:48.800]  What the deal is, is it's from the time that the charge is brought against you for the crime.
[35:48.800 --> 35:56.800]  Now, they have a certain amount of time of which the statute of limitations applies in both cases.
[35:56.800 --> 36:04.800]  If they don't charge you with the crime within the statute of limitations for the crime, then there can't be a charge.
[36:04.800 --> 36:14.800]  But once the charge has been made, then they have another statute of limitations on how long they have to prosecute you.
[36:14.800 --> 36:16.800]  That is the speedy trial clock.
[36:16.800 --> 36:32.800]  Okay, but once the charge is initialized, that's when the tolling of the statute of limitations stops on the crime because they have charged you with it.
[36:32.800 --> 36:34.800]  Right.
[36:34.800 --> 36:39.800]  And they charged you within the statutory limit for that crime, okay?
[36:39.800 --> 36:41.800]  Uh-huh.
[36:41.800 --> 36:47.800]  Then once they issue a warrant, the speedy trial clock stops.
[36:47.800 --> 36:53.800]  There is no time while you are absent on a warrant.
[36:53.800 --> 36:57.800]  Right, as is if there's a warrant.
[36:57.800 --> 37:00.800]  If there is a warrant, okay?
[37:00.800 --> 37:10.800]  If they scheduled you for a trial or anything else and then kept delaying the trial, delaying the trial, delaying the trial, that's a whole other matter.
[37:10.800 --> 37:13.800]  Technically speaking, they've exceeded the statute of limitations.
[37:13.800 --> 37:21.800]  But the courts give themselves wide latitude as to how they can reschedule these things despite what the law says, and we all know that.
[37:21.800 --> 37:39.800]  Okay, so let's say I commit a misdemeanor tonight and I'm not arrested for another year and a half.
[37:39.800 --> 37:41.800]  Is that okay?
[37:41.800 --> 37:45.800]  Is the statute of limitations a year or is it two?
[37:45.800 --> 37:47.800]  A year.
[37:47.800 --> 37:52.800]  If it's a year, then they can't arrest you for the crime.
[37:52.800 --> 37:57.800]  They can't arrest me for a crime I commit tonight, a year and a half from today.
[37:57.800 --> 38:02.800]  If the crime is outside of the statute of limitations, they cannot arrest you for it.
[38:02.800 --> 38:03.800]  Okay.
[38:03.800 --> 38:09.800]  Well, actually, if it's outside the statute of limitations, they can't charge you.
[38:09.800 --> 38:11.800]  Yeah.
[38:11.800 --> 38:17.800]  Once they charge you and they issue a warrant, the clock stops.
[38:17.800 --> 38:27.800]  But if they do attempt to charge or arrest you for one that the statute of limitations has already run on, you have a suit for false imprisonment
[38:27.800 --> 38:35.800]  and you can get the charges dropped and the case dismissed in your favor because it's beyond the statute of limitations.
[38:35.800 --> 38:44.800]  But that's what I'm saying here because I have to read in cases where people are arrested on an alleged warrant and then there wasn't a warrant
[38:44.800 --> 38:50.800]  and the court is basically saying that an illegal arrest doesn't stop the prosecution.
[38:50.800 --> 38:56.800]  They just treat it as an arrest without a warrant.
[38:56.800 --> 38:58.800]  You know what I'm saying?
[38:58.800 --> 39:01.800]  Yeah, I understand what you're saying.
[39:01.800 --> 39:13.800]  So if I'm arrested a year and a half later on a warrant, but they say they have a warrant, but there is no warrant,
[39:13.800 --> 39:17.800]  then it's treated as an arrest without a warrant.
[39:17.800 --> 39:18.800]  Right.
[39:18.800 --> 39:21.800]  It's called false imprisonment.
[39:21.800 --> 39:33.800]  A year and a half earlier than the statute of limitations has already gone on the crime because the prosecution didn't commence within that year.
[39:33.800 --> 39:36.800]  Right?
[39:36.800 --> 39:38.800]  Okay.
[39:38.800 --> 39:44.800]  You're confusing me with the back and forth here on this, that, and the other time limits.
[39:44.800 --> 39:45.800]  Okay.
[39:45.800 --> 39:49.800]  They arrested her on a warrant that you're saying doesn't exist.
[39:49.800 --> 39:51.800]  Correct.
[39:51.800 --> 39:52.800]  Okay.
[39:52.800 --> 39:59.800]  And they arrested her allegedly for a warrant for a crime that occurred how long ago?
[39:59.800 --> 40:03.800]  Let's say over a year, 13 months.
[40:03.800 --> 40:04.800]  13 months.
[40:04.800 --> 40:07.800]  And the warrant was issued when?
[40:07.800 --> 40:14.800]  The warrant that's not there was allegedly issued 13 months ago, but it's not there.
[40:14.800 --> 40:19.800]  What does not there mean? The court has no record it was ever issued?
[40:19.800 --> 40:20.800]  Correct.
[40:20.800 --> 40:22.800]  Well, that's correct.
[40:22.800 --> 40:23.800]  The court has no record.
[40:23.800 --> 40:26.800]  And the court record does not have the warrant.
[40:26.800 --> 40:34.800]  And the information does not have, you know, that doesn't have the sign.
[40:34.800 --> 40:37.800]  It doesn't have the warrant attached or anything.
[40:37.800 --> 40:40.800]  There's no criminal complaint.
[40:40.800 --> 40:44.800]  There's information, but there's no criminal complaint.
[40:44.800 --> 40:48.800]  There's information about sign or data or anything.
[40:48.800 --> 40:49.800]  Okay.
[40:49.800 --> 40:54.800]  Well, it seems like you would have a problem with them then.
[40:54.800 --> 40:58.800]  So would that work, that's limitation at the time?
[40:58.800 --> 41:00.800]  No.
[41:00.800 --> 41:03.800]  Statute of limitations has got nothing to do with this.
[41:03.800 --> 41:08.800]  If the warrant had been issued 13 months ago, the warrant would have been timely.
[41:08.800 --> 41:11.800]  The issue here is the lack of a warrant at all.
[41:11.800 --> 41:12.800]  Right.
[41:12.800 --> 41:18.800]  The fact that there is no warrant, what was their justification for arresting your wife?
[41:18.800 --> 41:24.800]  If they falsified the idea that a warrant existed, that's kidnapping.
[41:24.800 --> 41:25.800]  Right.
[41:25.800 --> 41:28.800]  That was the NCI system right there.
[41:28.800 --> 41:37.800]  And if they acted under color of law, that's aggravated assault along with that.
[41:37.800 --> 41:40.800]  I'm assuming the people were armed that took her, right?
[41:40.800 --> 41:42.800]  Absolutely.
[41:42.800 --> 41:43.800]  Okay.
[41:43.800 --> 41:48.800]  Then you've got multiple criminal charges against these people because there is no warrant
[41:48.800 --> 41:52.800]  authorizing them to seize the person of anyone.
[41:52.800 --> 41:53.800]  Right.
[41:53.800 --> 41:59.800]  But the statute of limitations is not the issue here.
[41:59.800 --> 42:01.800]  It's the issue as far as the complaint.
[42:01.800 --> 42:09.800]  If the complaint was never filed until this warrant was acted upon, then they're beyond
[42:09.800 --> 42:11.800]  their statute of limitations.
[42:11.800 --> 42:15.800]  But it wasn't even filed either.
[42:15.800 --> 42:16.800]  That's what I'm getting at.
[42:16.800 --> 42:23.800]  But if they have a complaint that was filed timely, but they arrested on a warrant that
[42:23.800 --> 42:29.800]  doesn't exist, then they've got a compound issue.
[42:29.800 --> 42:34.800]  They've ran out their speedy trial clock on the prosecution for the complaint as long
[42:34.800 --> 42:38.800]  as the complaint was 13 months ago.
[42:38.800 --> 42:44.800]  And they've also committed the acts of aggravated assault and kidnapping under color of law
[42:44.800 --> 42:48.800]  stating they're arresting for a warrant that doesn't exist.
[42:48.800 --> 42:53.800]  So besides those two criminal actions, you've also got a civil tort.
[42:53.800 --> 42:57.800]  I don't know if Connecticut has a false arrest statute.
[42:57.800 --> 42:59.800]  Here in Texas they don't.
[42:59.800 --> 43:02.800]  It's a false imprisonment statute.
[43:02.800 --> 43:05.800]  And that's your cause of action is false imprisonment.
[43:05.800 --> 43:09.800]  So you'd have to look and see what it is in Connecticut.
[43:09.800 --> 43:14.800]  But you may have an action for both, false arrest and false imprisonment, because they're
[43:14.800 --> 43:17.800]  holding her against her will in a hospital.
[43:17.800 --> 43:20.800]  Let me clarify.
[43:20.800 --> 43:24.800]  We don't have a false arrest statute.
[43:24.800 --> 43:29.800]  The statute is kidnapping.
[43:29.800 --> 43:39.800]  False imprisonment is a cause of action for the same thing.
[43:39.800 --> 43:42.800]  It makes sense.
[43:42.800 --> 43:44.800]  Can I hold?
[43:44.800 --> 43:48.800]  Yeah, hold on to the other side.
[43:48.800 --> 43:50.800]  Yes, we're at the top of the hour break.
[43:50.800 --> 43:52.800]  We're speaking with Mike in Connecticut.
[43:52.800 --> 43:59.800]  Stephen from Montana's Next Callers, 512-646-1984.
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[45:00.800 --> 45:23.800]  Music
[45:23.800 --> 45:37.800]  Okay, we are back.
[45:37.800 --> 45:40.800]  Sorry, it's not the top of the hour.
[45:40.800 --> 45:44.800]  We are speaking with Mike in Connecticut.
[45:44.800 --> 45:46.800]  Okay, go ahead, Randy.
[45:46.800 --> 45:51.800]  You were explaining the difference between aggravated kidnapping and false arrest?
[45:51.800 --> 45:58.800]  Yeah, in Texas we don't have a false imprisonment criminal statute.
[45:58.800 --> 46:05.800]  We have a false imprisonment cause of action in civil care.
[46:05.800 --> 46:11.800]  The charge under criminal is aggravated kidnapping.
[46:11.800 --> 46:13.800]  It amounts to kidnapping.
[46:13.800 --> 46:15.800]  It amounts to the same thing.
[46:15.800 --> 46:18.800]  It's just that's what it happens to be called here.
[46:18.800 --> 46:24.800]  In another state it might have a, in your state it might be called false
[46:24.800 --> 46:25.800]  imprisonment.
[46:25.800 --> 46:28.800]  That might actually be a criminal statute.
[46:28.800 --> 46:34.800]  You have to look those up and see how it leads in your state.
[46:34.800 --> 46:37.800]  Does that make sense?
[46:37.800 --> 46:39.800]  It does for me.
[46:39.800 --> 46:46.800]  You know, Dan had criminal complaint already to file, but they were worried that they
[46:46.800 --> 46:51.800]  would have to, from retaliation, order a confidence evaluation.
[46:51.800 --> 46:59.800]  You know, I'm just worried about that.
[46:59.800 --> 47:04.800]  If they're willing to kidnap her, then there's no doubt they would be willing to retaliate.
[47:04.800 --> 47:07.800]  Right, that's what we're real nervous about, you know,
[47:07.800 --> 47:11.800]  in the case for us, of course.
[47:11.800 --> 47:19.800]  Well, you might want to do a habeas corpus.
[47:19.800 --> 47:22.800]  You have not done that already.
[47:22.800 --> 47:25.800]  You know, I've been reading some cases on habeas corpus,
[47:25.800 --> 47:30.800]  and it's like they consider you not restrained of your liberty if you're on bond.
[47:30.800 --> 47:33.800]  And, you know, I talked to Randy about this before.
[47:33.800 --> 47:38.800]  It doesn't make any sense, but that's kind of their position.
[47:38.800 --> 47:42.800]  Yeah, but she's not on bond, is she?
[47:42.800 --> 47:45.800]  Yeah, she's on bond.
[47:45.800 --> 47:48.800]  How can she be on bond and still be imprisoned?
[47:48.800 --> 47:51.800]  She's not in prison.
[47:51.800 --> 47:52.800]  She's not in prison.
[47:52.800 --> 47:56.800]  She was bonded out.
[47:56.800 --> 48:02.800]  Okay.
[48:02.800 --> 48:07.800]  Well, Randy, you got any other suggestions for him?
[48:07.800 --> 48:09.800]  Yeah, I was just jacking away.
[48:09.800 --> 48:11.800]  Somebody's using my mic again.
[48:11.800 --> 48:15.800]  Yes, habeas corpus absolutely applies.
[48:15.800 --> 48:18.800]  She is restricted at her liberty.
[48:18.800 --> 48:20.800]  Okay.
[48:20.800 --> 48:22.800]  She's on bond.
[48:22.800 --> 48:23.800]  That means she's down to the court.
[48:23.800 --> 48:24.800]  She's restricted on the duty.
[48:24.800 --> 48:26.800]  This is real clear.
[48:26.800 --> 48:29.800]  That's not even something that's a question.
[48:29.800 --> 48:34.800]  So habeas absolutely applies here.
[48:34.800 --> 48:39.800]  That sounds like the appropriate remedy.
[48:39.800 --> 48:43.800]  Well, then I guess we'll start working on that then.
[48:43.800 --> 48:46.800]  Good understanding.
[48:46.800 --> 48:54.800]  You know, we were thinking about the sexual orientation defense because the prosecution would jump up and say, well, you know...
[48:54.800 --> 48:59.800]  I think you're backing away from the mic because you're coming in and out.
[48:59.800 --> 49:01.800]  Can anybody else hear me?
[49:01.800 --> 49:02.800]  Yeah, we can hear you fine, Randy.
[49:02.800 --> 49:05.800]  It's probably your cell phone connection.
[49:05.800 --> 49:06.800]  Okay.
[49:06.800 --> 49:07.800]  Go ahead, Mike.
[49:07.800 --> 49:18.800]  I was just saying that we were going to use the sexual orientation defense because the prosecution would jump up and say, well, the issuance of the warrant toll of the statute.
[49:18.800 --> 49:24.800]  Yeah, but the problem is they can't produce a warrant that was issued.
[49:24.800 --> 49:29.800]  So there can't be a tolling of the clock if there's no warrant to toll it.
[49:29.800 --> 49:35.800]  That's why we wanted to put them in that position, you know what I mean, and open court.
[49:35.800 --> 49:37.800]  But the record doesn't have it.
[49:37.800 --> 49:46.800]  Now, it's funny, though, because when I was trying to get a case number, the lady told me she couldn't give me a case number until the warrant was returned to the clerk's office.
[49:46.800 --> 49:53.800]  So when I went up there on the court date, asked to see the court file, and the warrant was in the court file, and they asked the clerk for the warrant.
[49:53.800 --> 49:55.800]  She says, oh, we don't have the warrant here.
[49:55.800 --> 49:57.800]  Well, I said, where is it?
[49:57.800 --> 50:00.800]  She says, I don't know, check with the prosecution.
[50:00.800 --> 50:06.800]  So I said, well, I'm going to assume that the warrant came through your office because you issued a case number.
[50:06.800 --> 50:14.800]  And I called up on the phone and they said you wouldn't issue a case number without the warrant.
[50:14.800 --> 50:22.800]  Well, stupid is as stupid does, and they get stupider by the day in these places.
[50:22.800 --> 50:27.800]  We need in from Connecticut.
[50:27.800 --> 50:28.800]  If you're out there, Dan, call in.
[50:28.800 --> 50:31.800]  We need some Connecticut clarification.
[50:31.800 --> 50:35.800]  And we had Christian from Laporte on the line, but he just dropped off.
[50:35.800 --> 50:37.800]  Christian, I'm sorry we're taking so long to get to you.
[50:37.800 --> 50:39.800]  If you're out there, please call back in.
[50:39.800 --> 50:48.800]  You were next.
[50:48.800 --> 50:54.800]  But if we can get Dan to call in, we'll go over some of this with Dan specifically
[50:54.800 --> 50:59.800]  and see what else he may be able to kick in that we might need to know about.
[50:59.800 --> 51:01.800]  But we're waiting on that to happen.
[51:01.800 --> 51:07.800]  Is there anything else you got for us?
[51:07.800 --> 51:10.800]  Mike?
[51:10.800 --> 51:21.800]  Oh, one moment.
[51:21.800 --> 51:22.800]  Phone bridge dropped.
[51:22.800 --> 51:28.800]  Sorry about that.
[51:28.800 --> 51:31.800]  That might do it.
[51:31.800 --> 51:34.800]  Let me bring him back on the air.
[51:34.800 --> 51:40.800]  Okay, Eddie, I was never clear on was this a statute of limitations issue
[51:40.800 --> 51:42.800]  or a speedy trial issue?
[51:42.800 --> 51:47.800]  Well, they were going after the statute of limitations issue to get the prosecution
[51:47.800 --> 51:52.800]  to admit no warrant existed because when they would bring it up,
[51:52.800 --> 51:56.800]  what he was just saying is that the prosecution would jump up and go,
[51:56.800 --> 52:00.800]  well, an issued warrant tolls the statute of limitations,
[52:00.800 --> 52:05.800]  at which point they would have said, yes, unfortunately you can't seem to produce a warrant,
[52:05.800 --> 52:08.800]  nor can the courts produce a warrant.
[52:08.800 --> 52:09.800]  Okay, Mike, are you there?
[52:09.800 --> 52:11.800]  No, he dropped off the line.
[52:11.800 --> 52:18.800]  Okay, you need to get a certified copy of the record of the clerk
[52:18.800 --> 52:24.800]  and show that there is no warrant in the court record on a day at a time
[52:24.800 --> 52:31.800]  so that if the warrant appears later, you can maintain that the court has no subject matter jurisdiction
[52:31.800 --> 52:34.800]  until the warrant appears.
[52:34.800 --> 52:37.800]  And at this day, at this time, it wasn't there.
[52:37.800 --> 52:46.800]  You need to look at the code of criminal procedure to see who is supposed to do what with a warrant.
[52:46.800 --> 52:52.800]  Now, in Texas, I suspect it's going to be essentially the same everywhere else.
[52:52.800 --> 52:59.800]  The person who files the complaint files it with a magistrate.
[52:59.800 --> 53:06.800]  The magistrate will then issue the warrant, and once the person is arrested,
[53:06.800 --> 53:08.800]  they're brought back before the magistrate.
[53:08.800 --> 53:12.800]  The magistrate makes a determination of probable cause
[53:12.800 --> 53:18.800]  and then forwards all of the records to the clerk of the court of jurisdiction.
[53:18.800 --> 53:20.800]  The warrant has to be in there.
[53:20.800 --> 53:25.800]  If it's not in there, it doesn't exist.
[53:25.800 --> 53:30.800]  So that would render the court without subject matter jurisdiction until a warrant shows up.
[53:30.800 --> 53:37.800]  And if you could show that there was no warrant in the court record at a given day and time,
[53:37.800 --> 53:46.800]  and you would need to check, find out what magistrate issued the warrant
[53:46.800 --> 53:52.800]  or is purported to issue the warrant, I'd go to every magistrate in the county if I had to
[53:52.800 --> 53:58.800]  and check every magistrate records to see if a warrant shows up in any of them.
[53:58.800 --> 53:59.800]  And that shouldn't take long.
[53:59.800 --> 54:02.800]  You can probably do that by phone.
[54:02.800 --> 54:08.800]  Call them and see if they have any case on your name.
[54:08.800 --> 54:13.800]  And if one of them says yes, go check and see if there's a warrant in the files of the magistrate.
[54:13.800 --> 54:19.800]  Be on 5-1. There's no case.
[54:19.800 --> 54:21.800]  Okay. Are we ready to go to more callers?
[54:21.800 --> 54:24.800]  Yes. Christian from Laporte called back in.
[54:24.800 --> 54:25.800]  Christian, thanks for calling back in.
[54:25.800 --> 54:28.800]  What's on your mind tonight?
[54:28.800 --> 54:31.800]  Okay. I've got my PAMPERS on here.
[54:31.800 --> 54:38.800]  I'm not as advanced as you all are, but I've got some great mentors here.
[54:38.800 --> 54:45.800]  Mr. Danny Murphy and Mr. Don Bickman. I really appreciate them.
[54:45.800 --> 54:48.800]  I'm in a court case right now.
[54:48.800 --> 54:53.800]  They're trying to evict me with the Bank of New York,
[54:53.800 --> 54:57.800]  and they haven't been able to produce the note.
[54:57.800 --> 55:08.800]  Where we are right now is 10 days ago, I had ordered a trial.
[55:08.800 --> 55:12.800]  I had paid for a trial, and they tried to deny me my trial.
[55:12.800 --> 55:15.800]  And I said, well, I paid for my trial.
[55:15.800 --> 55:17.800]  They said, well, you didn't pay in time.
[55:17.800 --> 55:24.800]  So they checked with the court clerk, and they said, when did he pay?
[55:24.800 --> 55:27.800]  I paid the same day.
[55:27.800 --> 55:36.800]  I paid the same day for the trial after the trial before that.
[55:36.800 --> 55:41.800]  Not a trial, but a jury. I paid for the jury.
[55:41.800 --> 55:47.800]  The judge and the civil court did not want to give me the jury trial.
[55:47.800 --> 55:53.800]  The attorney tried to badge me in the back room when he wanted to talk to me,
[55:53.800 --> 55:58.800]  like when you exchange, you know, you can't exchange what you want to do.
[55:58.800 --> 56:02.800]  And he says, you're going to lose this case, and if you get a jury trial,
[56:02.800 --> 56:05.800]  I mean, if you want a jury trial, you're not going to get it.
[56:05.800 --> 56:09.800]  You're going to lose it.
[56:09.800 --> 56:13.800]  You've got constitutional violations there because the Constitution says
[56:13.800 --> 56:16.800]  that in any case in controversy in excess of $20,
[56:16.800 --> 56:24.800]  the right to trial by jury shall not be impaired.
[56:24.800 --> 56:25.800]  Okay.
[56:25.800 --> 56:28.800]  She finally gave me my jury trial.
[56:28.800 --> 56:33.800]  She said, okay, I'm going to give you your jury trial tomorrow at 11 o'clock
[56:33.800 --> 56:37.800]  and told the attorney to be there at 11 o'clock.
[56:37.800 --> 56:48.800]  So we were there, and my mentors were there, too.
[56:48.800 --> 56:52.800]  And one of them, Danny, was going to be a witness,
[56:52.800 --> 56:55.800]  and they asked him to leave the courtroom.
[56:55.800 --> 56:59.800]  And so it kind of devastated me when they asked him to leave.
[56:59.800 --> 57:03.800]  So I was kind of there by myself because I'm doing this pro se.
[57:03.800 --> 57:08.800]  I haven't been able to get a lawyer to fight it.
[57:08.800 --> 57:12.800]  You mean they denied you a public trial?
[57:12.800 --> 57:13.800]  Oh, no, no, no.
[57:13.800 --> 57:15.800]  He was a witness.
[57:15.800 --> 57:20.800]  The prosecution can invoke the rule of witnesses.
[57:20.800 --> 57:33.800]  Yeah, he evoked the rule and he made the witness, Mr. Murphy, go outside,
[57:33.800 --> 57:37.800]  completely out of the courtroom until...
[57:37.800 --> 57:41.800]  That's perfectly proper.
[57:41.800 --> 57:51.800]  Okay, and then she told me that I'm going...I'm going to tell you what we're going to do here.
[57:51.800 --> 58:05.800]  We're going to...you are not going to discuss the title in this court in front of the jury.
[58:05.800 --> 58:06.800]  That's okay.
[58:06.800 --> 58:08.800]  You can hang on to the other side.
[58:08.800 --> 58:10.800]  You have a few seconds to finish up.
[58:10.800 --> 58:13.800]  You're not going to discuss this in front of the jury?
[58:13.800 --> 58:14.800]  Right.
[58:14.800 --> 58:19.800]  You're not going to be able to discuss title or no in front of the jury.
[58:19.800 --> 58:20.800]  Do you understand?
[58:20.800 --> 58:25.800]  I said, objection, Your Honor.
[58:25.800 --> 58:28.800]  I'd like to have this on the record right now.
[58:28.800 --> 58:30.800]  And she says, you're not in court right now.
[58:30.800 --> 58:33.800]  Randy, isn't that tampering with a witness?
[58:33.800 --> 58:35.800]  That's tampering with a witness.
[58:35.800 --> 58:36.800]  I thought so.
[58:36.800 --> 58:37.800]  I thought so.
[58:37.800 --> 58:40.800]  Hang on there, Christian.
[58:40.800 --> 58:41.800]  Okay.
[58:41.800 --> 58:42.800]  Okay, hang on.
[58:42.800 --> 58:45.800]  We've got a top-of-the-hour news break, and then we'll go right back to you.
[58:45.800 --> 58:48.800]  Then we've got Ken and Stephen.
[58:48.800 --> 58:50.800]  We've got one more hour, folks.
[58:50.800 --> 58:54.800]  If you'd like to call in, 512-646-1984.
[58:54.800 --> 58:59.800]  We will be right back.
[58:59.800 --> 59:05.800]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy.
[59:05.800 --> 59:08.800]  And neither is finding like-minded people to share it with.
[59:08.800 --> 59:11.800]  Oh, well, I guess you haven't heard of Brave New Books, then.
[59:11.800 --> 59:12.800]  Brave New Books?
[59:12.800 --> 59:13.800]  Yes.
[59:13.800 --> 59:19.800]  Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and Gilbert Griffin.
[59:19.800 --> 59:23.800]  They even stock inner food, Berkey products, and Calvin Soaps.
[59:23.800 --> 59:25.800]  There's no way a place like that exists.
[59:25.800 --> 59:27.800]  Go check it out for yourself.
[59:27.800 --> 59:31.800]  It's downtown at 1904 Guadalupe Street, just south of UT.
[59:31.800 --> 59:35.800]  Oh, by UT, there's never anywhere to park down there.
[59:35.800 --> 59:42.800]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK Parking Facility, just behind the bookstore.
[59:42.800 --> 59:46.800]  It does exist, but when are they open?
[59:46.800 --> 59:51.800]  Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays.
[59:51.800 --> 59:59.800]  So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[59:59.800 --> 01:00:03.800]  This news brief brought to you by the International News Net.
[01:00:03.800 --> 01:00:10.800]  Representative Ron Paul's attempt to audit the Federal Reserve failed by a vote of 229 to 198.
[01:00:10.800 --> 01:00:19.800]  All Republicans voted in favor of the measure, with 23 Democrats crossing the aisle to vote with Republicans.
[01:00:19.800 --> 01:00:25.800]  BP's blown out well, as now sent more than 140 million gallons of oil into the Gulf,
[01:00:25.800 --> 01:00:31.800]  surpassing the giant spill off the coast of Mexico in 1979 and 1980.
[01:00:31.800 --> 01:00:34.800]  The oil calculation is based on barrels leaked,
[01:00:34.800 --> 01:00:39.800]  minus the amount BP says it has collected using two containment systems.
[01:00:39.800 --> 01:00:43.800]  This news brief brought to you by the International News Net.
[01:00:43.800 --> 01:00:48.800]  A group of Democratic and Republican lawmakers Thursday called on Barack Obama
[01:00:48.800 --> 01:00:53.800]  to provide Congress with a clear plan to withdraw U.S. forces from Afghanistan,
[01:00:53.800 --> 01:00:57.800]  calling the war a drain on, quote, U.S. blood and treasure.
[01:00:57.800 --> 01:01:01.800]  This news brief brought to you by the International News Net.
[01:01:01.800 --> 01:01:07.800]  Pilots for 9-11 Truth, a group of airline pilots skeptical of the 9-11 Commission's official report,
[01:01:07.800 --> 01:01:11.800]  say the speed reported for the aircraft that struck the Twin Towers
[01:01:11.800 --> 01:01:17.800]  means the planes could not have been a Boeing 757 or 767.
[01:01:17.800 --> 01:01:23.800]  The pilots say such high speeds are impossible to achieve in thick atmosphere near sea level.
[01:01:23.800 --> 01:01:29.800]  The National Transportation and Safety Board reported the ground speed of United Flight 175
[01:01:29.800 --> 01:01:32.800]  just before impact as 510 knots.
[01:01:32.800 --> 01:01:40.800]  Retired NASA Senior Executive Duane Dietz says this is well beyond the maximum operating velocity of 360 knots
[01:01:40.800 --> 01:01:44.800]  and the maximum dive velocity of 410 knots.
[01:01:44.800 --> 01:01:50.800]  Dietz says this means the plane that hit the South Tower could not have been a standard 767-200.
[01:01:50.800 --> 01:01:56.800]  Pilots for 9-11 Truth say United Flight 175 is truly, quote, the elephant in the room
[01:01:56.800 --> 01:01:58.800]  and needs to be thoroughly investigated.
[01:01:58.800 --> 01:02:02.800]  This news brief brought to you by the International News Net.
[01:02:02.800 --> 01:02:07.800]  People whose jobless benefits have run out are turning in greater numbers to food pantries
[01:02:07.800 --> 01:02:10.800]  and other emergency aid programs.
[01:02:10.800 --> 01:02:15.800]  Loss of jobs and jobless benefits are also contributing to a rise in applications
[01:02:15.800 --> 01:02:18.800]  for Social Security disability payments.
[01:02:18.800 --> 01:02:23.800]  The search for subsistence funds revved up last month after the Senate rejected a bill
[01:02:23.800 --> 01:02:27.800]  that would have funded another extension of emergency unemployment assistance.
[01:02:27.800 --> 01:02:33.800]  Since 2008, the government has authorized four tiers of emergency federal help for the jobless.
[01:02:33.800 --> 01:02:37.800]  Some workers may be eligible for as many as 99 weeks of unemployment benefits.
[01:02:37.800 --> 01:02:42.800]  On Tuesday, the House rejected a bill focused on extending unemployment benefits.
[01:02:42.800 --> 01:02:46.800]  And for the third time in as many weeks, Senate Republicans Wednesday
[01:02:46.800 --> 01:02:49.800]  successfully filibustered a bill to stop them.
[01:02:49.800 --> 01:02:55.800]  As a result, 200,000 people a week around the country will lose their jobless benefits.
[01:02:55.800 --> 01:03:01.800]  This news brief brought to you by the International News Net.
[01:03:01.800 --> 01:03:07.800]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com.
[01:03:07.800 --> 01:03:36.800]  Live Free Speech Talk Radio at its best.
[01:03:38.800 --> 01:03:43.800]  All right, we're not going to give in to the fear.
[01:03:43.800 --> 01:03:51.800]  We're going to occupy our father's house until he returns through his grace.
[01:03:51.800 --> 01:03:54.800]  We'll be faithful stewards.
[01:03:54.800 --> 01:03:58.800]  Okay, we're speaking with Christian in La Porte.
[01:03:58.800 --> 01:04:03.800]  And apparently, what's that Christian?
[01:04:03.800 --> 01:04:06.800]  I say, I praise the Lord for what you just said.
[01:04:06.800 --> 01:04:07.800]  Thank you.
[01:04:07.800 --> 01:04:08.800]  Amen.
[01:04:08.800 --> 01:04:11.800]  He's the one that is worthy of our praise.
[01:04:11.800 --> 01:04:14.800]  Okay, we're talking about tampering with a witness.
[01:04:14.800 --> 01:04:18.800]  Okay, Randy, comments?
[01:04:18.800 --> 01:04:26.800]  Okay, then he told me, she said, who is that man that's out there as your witness?
[01:04:26.800 --> 01:04:28.800]  And I said, he's a friend.
[01:04:28.800 --> 01:04:31.800]  And he says, no, he's not just a friend.
[01:04:31.800 --> 01:04:33.800]  He's practicing law without a license.
[01:04:33.800 --> 01:04:36.800]  I said, what, Your Honor, objection, Your Honor.
[01:04:36.800 --> 01:04:39.800]  I said, she said, this court hadn't even started yet.
[01:04:39.800 --> 01:04:41.800]  I said, well, it's on the record, isn't it?
[01:04:41.800 --> 01:04:44.800]  And I said, I asked for it to be on the record.
[01:04:44.800 --> 01:04:50.800]  And she said, I said, why are you asking me that, Judge?
[01:04:50.800 --> 01:04:55.800]  Because some of my constituents have been following you around,
[01:04:55.800 --> 01:04:58.800]  and we have overheard some of the conversations.
[01:04:58.800 --> 01:05:01.800]  And I said, objection, Your Honor.
[01:05:01.800 --> 01:05:04.800]  I said, I don't know what you're talking about.
[01:05:04.800 --> 01:05:09.800]  And she said, I'm just setting the record clear.
[01:05:09.800 --> 01:05:10.800]  I want to know who he is.
[01:05:10.800 --> 01:05:15.800]  And I said, I told you, he's a friend, and he's in my witness.
[01:05:15.800 --> 01:05:27.800]  So she said, is it completely understood that you're not to mention anything about title or your note?
[01:05:27.800 --> 01:05:29.800]  And I said, well, objection, Your Honor.
[01:05:29.800 --> 01:05:35.800]  I said, how can you talk about title without talking about note, and who owns the note,
[01:05:35.800 --> 01:05:44.800]  and who has the right to sell my property without me knowing it?
[01:05:44.800 --> 01:05:51.800]  Because they sold my property back in November 3, and it went back to Bank of America.
[01:05:51.800 --> 01:05:52.800]  Nobody bought it.
[01:05:52.800 --> 01:05:54.800]  It went back to Bank of America.
[01:05:54.800 --> 01:05:56.800]  So I've been fighting them.
[01:05:56.800 --> 01:05:58.800]  And thank God for y'all.
[01:05:58.800 --> 01:06:02.800]  I mean, I've been carrying on this far.
[01:06:02.800 --> 01:06:06.800]  But anyway, I got to pick the jury.
[01:06:06.800 --> 01:06:11.800]  And I picked the jury, and I struck two people on the jury.
[01:06:11.800 --> 01:06:19.800]  And they didn't – they left one of the ones I struck sit on the jury.
[01:06:19.800 --> 01:06:23.800]  He was a banker, an old banker or something.
[01:06:23.800 --> 01:06:25.800]  And they let him sit on the jury.
[01:06:25.800 --> 01:06:31.800]  I didn't know to object, you know, I didn't object, and I didn't say anything.
[01:06:31.800 --> 01:06:37.800]  And they put him on the – they put him on one of the jurors.
[01:06:37.800 --> 01:06:46.800]  So anyway, as we proceeded, we were going to talk about the affidavit being – I said,
[01:06:46.800 --> 01:06:51.800]  Your Honor, I asked – well, he started presenting the opposite attorney.
[01:06:51.800 --> 01:06:55.800]  The plaintiff started talking about title.
[01:06:55.800 --> 01:06:56.800]  I said, objection, Your Honor.
[01:06:56.800 --> 01:07:01.800]  You said we wouldn't want to discuss title in the courtroom.
[01:07:01.800 --> 01:07:03.800]  He said, overruled.
[01:07:03.800 --> 01:07:10.800]  So he starts giving her some papers, I said.
[01:07:10.800 --> 01:07:20.800]  And I said, I haven't seen those papers, Your Honor, and I don't know what he's giving you,
[01:07:20.800 --> 01:07:26.800]  and I don't know if it's about the title, but didn't you say that we weren't supposed to overrule?
[01:07:26.800 --> 01:07:28.800]  And I said, okay.
[01:07:28.800 --> 01:07:38.800]  I said – so then she looked at me again and I said, Your Honor,
[01:07:38.800 --> 01:07:53.800]  I asked that no evidence be presented in this courtroom without being presented by witness, by witness, not by attorney.
[01:07:53.800 --> 01:07:59.800]  He said – and she said, overruled.
[01:07:59.800 --> 01:08:08.800]  And I said – because I said, let's see, I guess that's kind of the way it went.
[01:08:08.800 --> 01:08:09.800]  Okay.
[01:08:09.800 --> 01:08:15.800]  And then we got to the jury, you know, and they said, okay, we're going to ask the jury to leave.
[01:08:15.800 --> 01:08:16.800]  They're going to make a decision.
[01:08:16.800 --> 01:08:24.800]  Now, this is just kind of shortening the thing up because there's some more of a case.
[01:08:24.800 --> 01:08:43.800]  But the jury left, and after we kind of set both our spiels for the jury – and I mean, I had the jury condensed.
[01:08:43.800 --> 01:08:51.800]  I mean, I believe I really did have them condensed because the evidence that I was trying to present, they wouldn't let me present it.
[01:08:51.800 --> 01:08:53.800]  The judge wouldn't let me present it.
[01:08:53.800 --> 01:09:09.800]  And one was a lot of mistakes in the affidavit that the custodian of the records – I asked her – I asked for her to come to the stand and they said –
[01:09:09.800 --> 01:09:10.800]  Wait a minute.
[01:09:10.800 --> 01:09:11.800]  Wait a minute.
[01:09:11.800 --> 01:09:12.800]  It's kind of dragging on.
[01:09:12.800 --> 01:09:14.800]  Can you kind of move this along?
[01:09:14.800 --> 01:09:16.800]  Sir?
[01:09:16.800 --> 01:09:18.800]  Can you kind of move it along?
[01:09:18.800 --> 01:09:19.800]  Okay.
[01:09:19.800 --> 01:09:20.800]  I'm sorry.
[01:09:20.800 --> 01:09:21.800]  I'm sorry.
[01:09:21.800 --> 01:09:22.800]  I didn't know how much.
[01:09:22.800 --> 01:09:23.800]  Okay.
[01:09:23.800 --> 01:09:35.800]  So anyway, they sent the jury out and they told me – the attorney stood up and asked for a directed verdict in his favor.
[01:09:35.800 --> 01:09:39.800]  So they didn't let the jury rule in my favor.
[01:09:39.800 --> 01:09:47.800]  I mean, they didn't ask – they just dismissed the jury and she gave him the directed verdict.
[01:09:47.800 --> 01:09:49.800]  Okay.
[01:09:49.800 --> 01:09:54.800]  She gave me – he said I want him out in five days.
[01:09:54.800 --> 01:09:57.800]  She said I'll give him 10 days.
[01:09:57.800 --> 01:10:02.800]  So he can –
[01:10:02.800 --> 01:10:04.800]  What's the condition now?
[01:10:04.800 --> 01:10:07.800]  How long ago was this?
[01:10:07.800 --> 01:10:13.800]  This was 10 days ago and this was the 10th day.
[01:10:13.800 --> 01:10:17.800]  And I got my surety bond together.
[01:10:17.800 --> 01:10:22.800]  She set the bond at $3,000.
[01:10:22.800 --> 01:10:28.800]  And I got my surety bond and then I went to court today with it and I had my surety bond.
[01:10:28.800 --> 01:10:29.800]  Wait a minute.
[01:10:29.800 --> 01:10:30.800]  Wait a minute.
[01:10:30.800 --> 01:10:36.800]  What was the purpose of the surety bond?
[01:10:36.800 --> 01:10:38.800]  You're not telling us everything.
[01:10:38.800 --> 01:10:39.800]  They ordered you out.
[01:10:39.800 --> 01:10:40.800]  What was their purpose?
[01:10:40.800 --> 01:10:45.800]  Why didn't you put up the surety bond?
[01:10:45.800 --> 01:10:52.800]  Okay, because they had a forcible detainer on me to be evicted,
[01:10:52.800 --> 01:10:57.800]  but I have fought this thing to stay in the house and the appeal.
[01:10:57.800 --> 01:10:58.800]  You're leaving all that out.
[01:10:58.800 --> 01:11:02.800]  So the surety bond was for appeal?
[01:11:02.800 --> 01:11:04.800]  Yes.
[01:11:04.800 --> 01:11:15.800]  I'll tell you, Randy, I really am very, you know, I'm not that good.
[01:11:15.800 --> 01:11:18.800]  No, no, I'm just trying to get to where you're at.
[01:11:18.800 --> 01:11:21.800]  So did you file an appeal in the case?
[01:11:21.800 --> 01:11:28.800]  Yeah, I filed an appeal for the forcible detainer back some time ago.
[01:11:28.800 --> 01:11:34.800]  You know, but they're wanting to force me out.
[01:11:34.800 --> 01:11:43.800]  So in 10 days, I mean 10 days, I say, no, I can't.
[01:11:43.800 --> 01:11:45.800]  Wait, wait, we can't help you.
[01:11:45.800 --> 01:11:46.800]  You're not making any sense here.
[01:11:46.800 --> 01:11:48.800]  We don't know where you're at.
[01:11:48.800 --> 01:11:50.800]  You've got a forcible detainer.
[01:11:50.800 --> 01:11:56.800]  Did you give the court notice of intent to appeal?
[01:11:56.800 --> 01:12:04.800]  Okay, I'm too, like I say, I'm too, I guess I'm just too baby at this stuff
[01:12:04.800 --> 01:12:07.800]  because I don't know how to answer your questions.
[01:12:07.800 --> 01:12:15.800]  Did you say to the court, I noticed the court of my intent to appeal?
[01:12:15.800 --> 01:12:16.800]  Did you say that to them?
[01:12:16.800 --> 01:12:17.800]  What was that again, Randy?
[01:12:17.800 --> 01:12:22.800]  Did you say to the court that you intended to appeal?
[01:12:22.800 --> 01:12:24.800]  Yes.
[01:12:24.800 --> 01:12:26.800]  Okay, you noticed the intent to appeal.
[01:12:26.800 --> 01:12:31.800]  That's why she asked for the charity law, that's it.
[01:12:31.800 --> 01:12:34.800]  Okay.
[01:12:34.800 --> 01:12:40.800]  So anyway, I did, and the thing is, after the directed order,
[01:12:40.800 --> 01:12:47.800]  the opposite attorney gave me a paper that said, you know,
[01:12:47.800 --> 01:12:49.800]  and I didn't have time to read it right there.
[01:12:49.800 --> 01:12:51.800]  I mean, I couldn't read it that fast.
[01:12:51.800 --> 01:12:56.800]  It was several pages, and he gave me a paper,
[01:12:56.800 --> 01:13:06.800]  and come to find out this thing come up as it had to be a corporate,
[01:13:06.800 --> 01:13:12.800]  it had to be a corporate surety, and I had a regular surety,
[01:13:12.800 --> 01:13:17.800]  which I tried to file today, and they did, and the court, civil court,
[01:13:17.800 --> 01:13:19.800]  and they wouldn't let me, they wouldn't let me file it.
[01:13:19.800 --> 01:13:27.800]  They said, we're not taking a surety unless it's by corporate,
[01:13:27.800 --> 01:13:35.800]  or by $3,000 or by corporate, and talked to Don today,
[01:13:35.800 --> 01:13:43.800]  and he said that there should be some criminal charges for them not letting you file that.
[01:13:43.800 --> 01:13:44.800]  I mean, you can file it.
[01:13:44.800 --> 01:13:50.800]  There may be, wait, there's a lot of stuff missing here.
[01:13:50.800 --> 01:13:57.800]  You really need to sit down and write out an outline of everything that's happened,
[01:13:57.800 --> 01:14:03.800]  because there are things that are important for us to understand what's going on
[01:14:03.800 --> 01:14:06.800]  that you don't know to tell us.
[01:14:06.800 --> 01:14:07.800]  Okay.
[01:14:07.800 --> 01:14:12.800]  If we have an outline, then we can go down the outline,
[01:14:12.800 --> 01:14:16.800]  and it would be clearer where the pieces are listed.
[01:14:16.800 --> 01:14:22.800]  Was this case filed in the state or federal court?
[01:14:22.800 --> 01:14:24.800]  It's in civil court.
[01:14:24.800 --> 01:14:26.800]  But is it in state or federal court?
[01:14:26.800 --> 01:14:29.800]  In the state or the federal.
[01:14:29.800 --> 01:14:34.800]  Did you go to the state courthouse, or did you go to the federal building?
[01:14:34.800 --> 01:14:35.800]  No, sir.
[01:14:35.800 --> 01:14:40.800]  I went to the, well, I don't, I mean, I just know it's county or civil.
[01:14:40.800 --> 01:14:41.800]  Wait a minute, wait a minute.
[01:14:41.800 --> 01:14:49.800]  When you went into the building, did you have to leave your cell phone in the car?
[01:14:49.800 --> 01:14:51.800]  No, sir.
[01:14:51.800 --> 01:14:53.800]  Then it's the state.
[01:14:53.800 --> 01:14:56.800]  Okay, this is a state case.
[01:14:56.800 --> 01:15:02.800]  In order for you to fight your case, you have to know a whole lot more than you do.
[01:15:02.800 --> 01:15:16.800]  We can't evaluate whether what they did was right or wrong because you don't know enough to be able to tell us what to do.
[01:15:16.800 --> 01:15:19.800]  We like people to fight for their rights,
[01:15:19.800 --> 01:15:29.800]  but this is far too important to risk when you don't know enough to know how to present evidence,
[01:15:29.800 --> 01:15:34.800]  to know how to establish foundation.
[01:15:34.800 --> 01:15:40.800]  We need to contact, we still have, it's not over yet.
[01:15:40.800 --> 01:15:46.800]  Did they file the action against you, or did you file the action?
[01:15:46.800 --> 01:15:49.800]  They filed, I'm a defendant.
[01:15:49.800 --> 01:15:51.800]  Okay, they filed against you in the state.
[01:15:51.800 --> 01:15:55.800]  You can file against them in the federal.
[01:15:55.800 --> 01:15:58.800]  Okay.
[01:15:58.800 --> 01:16:09.800]  I want to say go after the judge, but it may well be that the judge was right in what she was doing.
[01:16:09.800 --> 01:16:23.800]  If you didn't know how to bring evidence before court, you can't just bring something in unless you establish foundation for what you're bringing in.
[01:16:23.800 --> 01:16:26.800]  There's a way to get this done.
[01:16:26.800 --> 01:16:31.800]  The Juris Dictionary will teach all about that, the basics.
[01:16:31.800 --> 01:16:36.800]  All right, Christian, listen, we need to move on because the callers are stacking up.
[01:16:36.800 --> 01:16:42.800]  I suggest you do take their glasses and look on their website and get Juris Dictionary.
[01:16:42.800 --> 01:16:44.800]  Yes, and write your narrative.
[01:16:44.800 --> 01:16:47.800]  I can't stress how valuable that is.
[01:16:47.800 --> 01:16:51.800]  And I'll talk about that briefly on the other side.
[01:16:51.800 --> 01:16:52.800]  Okay.
[01:16:52.800 --> 01:16:53.800]  Okay, Christian?
[01:16:53.800 --> 01:16:54.800]  Okay.
[01:16:54.800 --> 01:17:01.800]  We'll be right back with Ken in Texas.
[01:17:01.800 --> 01:17:08.800]  Capital Coin and Bullion is your local source for rare coins, precious metals, and coin supplies in the Austin metro area.
[01:17:08.800 --> 01:17:10.800]  We also ship worldwide.
[01:17:10.800 --> 01:17:16.800]  We are a family-owned and operated business that offers competitive prices on your coin and metals purchases.
[01:17:16.800 --> 01:17:23.800]  We buy, sell, trade, and consign rare coins, gold and silver coin collections, precious metals, and scrap gold.
[01:17:23.800 --> 01:17:27.800]  We will purchase and sell gold and jewelry items as well.
[01:17:27.800 --> 01:17:29.800]  We offer daily specials on coins and bullion.
[01:17:29.800 --> 01:17:39.800]  We're located at 5448 Barnett Road, Suite 3, and we're open Monday through Friday, 10 a.m. to 6 p.m., Saturdays, 10 a.m. to 5 p.m.
[01:17:39.800 --> 01:17:48.800]  You are welcome to stop in our shop during regular business hours or call 512-646-6440 with any questions.
[01:17:48.800 --> 01:17:53.800]  Ask for Chad and say you heard about us on Rule of Law Radio or 90.1 FM.
[01:17:53.800 --> 01:18:02.800]  That's Capital Coin and Bullion, 512-646-6440.
[01:18:02.800 --> 01:18:25.800]  Oh, come on.
[01:18:25.800 --> 01:18:34.800]  Okay, we're back.
[01:18:34.800 --> 01:18:37.800]  We're taking your calls.
[01:18:37.800 --> 01:18:50.800]  And folks, listen, don't be discouraged if it all seems overwhelming because we have all been there.
[01:18:50.800 --> 01:18:58.800]  Okay, and over the years, the callers call back in repeatedly and we watch them grow and they've helped us grow.
[01:18:58.800 --> 01:19:05.800]  So the journey of a thousand miles starts with one step, so to speak, and we really can do this.
[01:19:05.800 --> 01:19:14.800]  And I can't stress the importance of writing the narrative as soon as possible while things are fresh in your mind.
[01:19:14.800 --> 01:19:21.800]  Okay, when I was going over the torrent letter that I'm preparing, the torrent letter that I wrote in December
[01:19:21.800 --> 01:19:30.800]  based on a narrative that I had written shortly after the event, like within a week or so, I was reading all the details.
[01:19:30.800 --> 01:19:36.800]  I just wrote everything that I could possibly think of, everything I witnessed, okay?
[01:19:36.800 --> 01:19:42.800]  And I read it again, and it's been, you know, almost a year since I wrote that narrative.
[01:19:42.800 --> 01:19:50.800]  And I was reading over it, and I was astounded at all the details that if I had had to write it now,
[01:19:50.800 --> 01:19:58.800]  I wouldn't have remembered probably 60 percent of all those details at least, okay?
[01:19:58.800 --> 01:20:02.800]  But you never know which details are important and which are not,
[01:20:02.800 --> 01:20:07.800]  which will establish certain causes of action or proof of evidence of crimes or whatever.
[01:20:07.800 --> 01:20:14.800]  So you've got to write a narrative as soon as possible when these things take place and even have a journal ongoing, all right,
[01:20:14.800 --> 01:20:17.800]  if it's an ongoing situation.
[01:20:17.800 --> 01:20:20.800]  And then you refine the narrative, put it in an outline form,
[01:20:20.800 --> 01:20:25.800]  and then you will eventually be able to consolidate and make it concise and efficient.
[01:20:25.800 --> 01:20:31.800]  And then from there, you'll be able to proceed to develop a case based on that.
[01:20:31.800 --> 01:20:38.800]  And Jurisdictionary is crucial, teaches you the basics of courtroom procedure.
[01:20:38.800 --> 01:20:44.800]  Read the rules of civil procedure and the rules of evidence, the federal rules of civil procedure and evidence,
[01:20:44.800 --> 01:20:48.800]  because most of the states adopt those same rules.
[01:20:48.800 --> 01:20:50.800]  They're very, very similar.
[01:20:50.800 --> 01:20:52.800]  Can't stress enough the basics.
[01:20:52.800 --> 01:20:56.800]  Okay, we're going to go now to Ken in Texas.
[01:20:56.800 --> 01:20:58.800]  Ken, thanks for calling in.
[01:20:58.800 --> 01:20:59.800]  Thanks for holding.
[01:20:59.800 --> 01:21:00.800]  What's on your mind tonight?
[01:21:00.800 --> 01:21:01.800]  Hi, there.
[01:21:01.800 --> 01:21:03.800]  I think I have kind of a simple question.
[01:21:03.800 --> 01:21:09.800]  I am in Texas, and I want to just narrow to a real specific topic.
[01:21:09.800 --> 01:21:14.800]  And, okay, I had a ticket and did not appear for a hearing,
[01:21:14.800 --> 01:21:19.800]  and then I got a bill in the mail, which was a demand for money.
[01:21:19.800 --> 01:21:23.800]  Now, what I specifically want to know is,
[01:21:23.800 --> 01:21:31.800]  is there a valid debt that's created that would allow them to send me a bill demanding money,
[01:21:31.800 --> 01:21:35.800]  or is this a bogus bill?
[01:21:35.800 --> 01:21:37.800]  Who sent it to you?
[01:21:37.800 --> 01:21:39.800]  The court sent it to me.
[01:21:39.800 --> 01:21:43.800]  They followed it up with a warrant.
[01:21:43.800 --> 01:21:50.800]  But the court is giving you the option of pleading guilty and paying you a fine.
[01:21:50.800 --> 01:21:53.800]  Hopefully they can do that.
[01:21:53.800 --> 01:21:56.800]  That's what this bill is.
[01:21:56.800 --> 01:21:57.800]  Sure.
[01:21:57.800 --> 01:21:58.800]  That's all I needed.
[01:21:58.800 --> 01:22:02.800]  It's a very threatening bill, you know, demanding money.
[01:22:02.800 --> 01:22:08.800]  And I'm just, you know, curious, is this a valid debt or is this a bogus bill?
[01:22:08.800 --> 01:22:13.800]  Well, it's not exactly bogus.
[01:22:13.800 --> 01:22:15.800]  They're offering you the opportunity.
[01:22:15.800 --> 01:22:19.800]  Now, they may not have done it nicely.
[01:22:19.800 --> 01:22:27.800]  But they're giving you the opportunity to plead guilty and pay you a fine.
[01:22:27.800 --> 01:22:32.800]  You can do that or not.
[01:22:32.800 --> 01:22:40.800]  But as far as I know, it's not illegal or improper for them to tell you that you should pay the fine
[01:22:40.800 --> 01:22:43.800]  and not have to show up in court and all that.
[01:22:43.800 --> 01:22:47.800]  You're not going to be able to make a claim out of that.
[01:22:47.800 --> 01:22:48.800]  I see.
[01:22:48.800 --> 01:22:56.800]  Well, I just thought I might because the way it's labeled, it says delinquent notice, and this amount is due.
[01:22:56.800 --> 01:23:04.800]  And to me, it just looks like you're fraudulent debt because I haven't been convicted of anything.
[01:23:04.800 --> 01:23:05.800]  Okay.
[01:23:05.800 --> 01:23:06.800]  Well, I'll tell you what, I'll hang up.
[01:23:06.800 --> 01:23:10.800]  If you guys have anything else to say about it, I'll listen on and you can move on to other callers.
[01:23:10.800 --> 01:23:13.800]  Thank you.
[01:23:13.800 --> 01:23:14.800]  All right.
[01:23:13.800 --> 01:23:15.800]  Thank you, Ken.
[01:23:15.800 --> 01:23:17.800]  Let's bring up a question.
[01:23:17.800 --> 01:23:28.800]  If that was actually sent by the court, and even if it was sent by the court, they're trying to collect the debt.
[01:23:28.800 --> 01:23:37.800]  And if the debt's not a valid debt, then this is not just – it may be right, but it may not just be notification.
[01:23:37.800 --> 01:23:42.800]  They're acting as if the debt is already a valid debt.
[01:23:42.800 --> 01:23:46.800]  Yeah, which they like to do.
[01:23:46.800 --> 01:23:53.800]  Maris might be the one to answer this one.
[01:23:53.800 --> 01:23:57.800]  So I'm not really sure.
[01:23:57.800 --> 01:23:58.800]  Well –
[01:23:57.800 --> 01:23:59.800]  Don't touch up.
[01:23:59.800 --> 01:24:09.800]  You may want to – listen, I might be able to help here or at least offer something for discussion regarding whether something's a valid debt or not.
[01:24:09.800 --> 01:24:38.800]  You may want to look at the statutes that govern this situation to see what constitutes a valid debt in this particular situation and what is the definition of the word debt, because this goes exactly to a hoodwink that the DOJ may try to pull on certain people involved with the micros.
[01:24:38.800 --> 01:24:46.800]  These people got letters from the DOJ basically – it looks like a third-party debt collection letter.
[01:24:46.800 --> 01:24:51.800]  And the DOJ's threatening to file – this was like two months ago.
[01:24:51.800 --> 01:24:58.800]  The DOJ's threatening or was threatening in the letter to file a lawsuit to collect the debt.
[01:24:58.800 --> 01:25:00.800]  That's what the letter said.
[01:25:00.800 --> 01:25:28.800]  However – and if they do that, these people are going to file – countersue the DOJ for filing a frivolous lawsuit, because a debt in that particular instance under Title 47 and related CFR, a debt as defined in that particular instance, the only way it can be – that forfeiture can be constituted as a debt.
[01:25:28.800 --> 01:25:31.800]  One of two things has to happen.
[01:25:31.800 --> 01:26:00.800]  Either the accused has to voluntarily start making payments or a court of competent jurisdiction and proper subject matter jurisdiction has to make a final ruling in a civil judgment in a trial de novo to translate the forfeiture by the commission into a statutorily defined debt
[01:26:00.800 --> 01:26:02.800]  under Title 47.
[01:26:02.800 --> 01:26:05.800]  So it looks like they're trying to skip that part.
[01:26:05.800 --> 01:26:18.800]  They're trying to skip this little matter of a trial de novo in federal court where all the evidence and all the merits and all the everything would be considered by the judiciary for judicial review.
[01:26:18.800 --> 01:26:24.800]  They're trying to just sweep that little part under the rug and just go straight to collecting a debt.
[01:26:24.800 --> 01:26:32.800]  All right? The letter says that the FCC has determined that these people owe a debt to the federal government.
[01:26:32.800 --> 01:26:33.800]  No, no, no.
[01:26:33.800 --> 01:26:40.800]  The FCC cannot make that determination, not unless the people had made payments, which didn't happen.
[01:26:40.800 --> 01:26:49.800]  So the only way the forfeiture could be a debt is if there's a trial de novo in federal courts and the civil judgment is handed down as a final ruling.
[01:26:49.800 --> 01:27:03.800]  Okay? So look at the statutes that govern the situation and find the definition of debt and how, you know, a debt can be established clearly.
[01:27:03.800 --> 01:27:06.800]  So that's my take on that.
[01:27:06.800 --> 01:27:09.800]  What do you guys think?
[01:27:09.800 --> 01:27:10.800]  Randy?
[01:27:10.800 --> 01:27:11.800]  I'm out of my league.
[01:27:11.800 --> 01:27:14.800]  Do you understand what I'm saying, Randy?
[01:27:14.800 --> 01:27:15.800]  Yes, I do.
[01:27:15.800 --> 01:27:16.800]  You have to look at it.
[01:27:16.800 --> 01:27:18.800]  It's like I learned this from Eddie.
[01:27:18.800 --> 01:27:20.800]  Look at the definitions for everything.
[01:27:20.800 --> 01:27:27.800]  We think we know what a debt means, okay, in common usage of language.
[01:27:27.800 --> 01:27:31.800]  You have to look at the definitions for all these words.
[01:27:31.800 --> 01:27:32.800]  So look at this.
[01:27:32.800 --> 01:27:36.800]  I would say first look at the statute which governs the situation.
[01:27:36.800 --> 01:27:45.800]  Find the definition of the word debt and see what needs to happen according to statute in order to constitute a legitimate debt
[01:27:45.800 --> 01:27:50.800]  and see if those, if the requirements have been fulfilled.
[01:27:50.800 --> 01:27:53.800]  If not, it's a frivolous lawsuit.
[01:27:53.800 --> 01:27:56.800]  It's frauds even.
[01:27:56.800 --> 01:28:03.800]  Now if it's coming down from the federal government, I don't think the Mears method would apply.
[01:28:03.800 --> 01:28:06.800]  But that's a different story.
[01:28:06.800 --> 01:28:07.800]  I wasn't talking about his method.
[01:28:07.800 --> 01:28:13.800]  He's more knowledgeable in the details of what constitutes a debt, what doesn't.
[01:28:13.800 --> 01:28:21.800]  Yeah, I think it's going to depend on the situation and it's going to depend on the statute that governs that particular situation.
[01:28:21.800 --> 01:28:28.800]  And as far as forfeitures under Title 47, it's very clear what a debt is.
[01:28:28.800 --> 01:28:36.800]  But however, if it's regarding a bankruptcy or a mortgage or credit cards, then that definition of the word debt does not apply.
[01:28:36.800 --> 01:28:38.800]  It has nothing to do with Title 47.
[01:28:38.800 --> 01:28:44.800]  So we need to look under either state or federal statutes that govern that and perhaps case law.
[01:28:44.800 --> 01:28:47.800]  Okay, we're going to continue to the calls.
[01:28:47.800 --> 01:28:51.800]  Do you have any other comments on that issue, Eddie?
[01:28:51.800 --> 01:28:53.800]  No, ma'am, I do not.
[01:28:53.800 --> 01:28:55.800]  Okay.
[01:28:55.800 --> 01:28:57.800]  Okay, we're going to continue to the calls.
[01:28:57.800 --> 01:29:01.800]  We've got Keith in Texas.
[01:29:01.800 --> 01:29:05.800]  I'm just about to come up on a break, so we'll definitely hold Keith over.
[01:29:05.800 --> 01:29:06.800]  Keith, thanks for calling in.
[01:29:06.800 --> 01:29:08.800]  What's on your mind tonight?
[01:29:08.800 --> 01:29:09.800]  Hey, guys, how's it going?
[01:29:09.800 --> 01:29:10.800]  Pretty good.
[01:29:10.800 --> 01:29:15.800]  That caller, was that a traffic ticket?
[01:29:15.800 --> 01:29:18.800]  He'd gotten a bill for a traffic ticket?
[01:29:18.800 --> 01:29:19.800]  Yes.
[01:29:19.800 --> 01:29:21.800]  I missed that part.
[01:29:21.800 --> 01:29:23.800]  Yeah, it was a traffic ticket.
[01:29:23.800 --> 01:29:37.800]  Insofar as, well, I guess he didn't go into enough detail to figure out whether or not he was a traveler, was he traveling to commerce or what?
[01:29:37.800 --> 01:29:40.800]  No, we didn't get those details.
[01:29:40.800 --> 01:29:42.800]  It's interesting.
[01:29:42.800 --> 01:29:43.800]  Keith, stay on the line.
[01:29:43.800 --> 01:29:44.800]  Sure.
[01:29:44.800 --> 01:29:47.800]  Okay, we will be right back.
[01:29:47.800 --> 01:29:48.800]  This is the rule of law.
[01:29:48.800 --> 01:30:00.800]  We've got a half an hour left, folks, if you'd like to call in 512-646-1984.
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[01:31:35.800 --> 01:31:42.800]  Okay, Keith, I may be able to partially answer some of your questions,
[01:31:42.800 --> 01:31:51.800]  and I also wanted to address the issue that Randy was just addressing regarding debts and the Fair Debt Collections Practices Act.
[01:31:51.800 --> 01:31:52.800]  Can it be applied?
[01:31:52.800 --> 01:32:01.800]  Can the Mike Mears method be applied to attempts to collect debts on the part of the government, whether it be federal, state, municipal?
[01:32:01.800 --> 01:32:09.800]  I did speak at great length with Mike Mears about this off the air at one point.
[01:32:09.800 --> 01:32:18.800]  And what he told me is that pretty much that does not, you can't use the Fair Debt Collections Practices Act,
[01:32:18.800 --> 01:32:28.800]  and you can't use his methods to deal with governmental entities that are attempting to collect a quote-unquote debt,
[01:32:28.800 --> 01:32:31.800]  whether or not the debt is valid or not.
[01:32:31.800 --> 01:32:40.800]  You can't use his methods regarding governmental entities attempting to collect the so-called alleged debt unless they're in your credit report.
[01:32:40.800 --> 01:32:41.800]  Then you can't.
[01:32:41.800 --> 01:32:44.800]  If they're in your credit report, they are fair game.
[01:32:44.800 --> 01:32:52.800]  If they're not in your credit report, you really can't unless there are some specific exemptions,
[01:32:52.800 --> 01:32:57.800]  because I know that for sure the IRS is immune, and he says pretty much they're all immune.
[01:32:57.800 --> 01:33:06.800]  Now, regarding that issue that we had an attorney on last night, Paul Kubosh, the Kubosh brothers,
[01:33:06.800 --> 01:33:15.800]  Paul and Mike Kubosh were our guests last night, and they have been fighting red light cameras since 1994, okay, 16 years.
[01:33:15.800 --> 01:33:26.800]  And we discussed this issue on the air last night regarding whether or not we could use Mike Mears methods concerning bills
[01:33:26.800 --> 01:33:32.800]  or attempts to collect the debt related to red light cameras on the part of municipal government.
[01:33:32.800 --> 01:33:39.800]  And Paul Kubosh said you can't do that because they have sovereign immunity.
[01:33:39.800 --> 01:33:48.800]  Okay, now these are the two opinions, these are the two takes by Paul Kubosh, who's an attorney, and also Mike Mears.
[01:33:48.800 --> 01:33:57.800]  So I would say if the subcontractor, like in the red light camera, if the subcontracting entity was sending you a bill,
[01:33:57.800 --> 01:34:03.800]  you might be able to use it, but even Paul said in that instance they're covered under the sovereign immunity
[01:34:03.800 --> 01:34:05.800]  because they're a subcontractor of the government.
[01:34:05.800 --> 01:34:11.800]  Now, I don't know if I completely buy that or not, but if the bill comes directly from the government,
[01:34:11.800 --> 01:34:20.800]  Paul is saying they have sovereign civil immunity, and Mike Mears says you can't use that method unless they're in your credit report.
[01:34:20.800 --> 01:34:26.800]  So that's the take on that.
[01:34:26.800 --> 01:34:32.800]  And as far as the caller, Keith, to address your question, as far as the caller being engaged in commerce or not,
[01:34:32.800 --> 01:34:36.800]  I don't know, but I kind of doubt it.
[01:34:36.800 --> 01:34:38.800]  Anything else, Keith?
[01:34:38.800 --> 01:34:44.800]  Yeah, I guess I could give you an update on, I've been talking to Andy, it's been a few months now,
[01:34:44.800 --> 01:34:57.800]  but I've been back with my particular case when I was arrested six months ago, I guess.
[01:34:57.800 --> 01:35:05.800]  Nothing I've had, I've since filed, obviously I've filed tort letters with the county commissioner's court,
[01:35:05.800 --> 01:35:15.800]  the surety company, and then actually in that particular cause number against the judge and the police officer.
[01:35:15.800 --> 01:35:21.800]  Open information requests, probably a dozen of those.
[01:35:21.800 --> 01:35:25.800]  I've never had any, have never ever gotten any answers from anybody.
[01:35:25.800 --> 01:35:33.800]  So the last time I filed, I filed with this particular suit with them in district court
[01:35:33.800 --> 01:35:37.800]  and have never received any response, reply, and answer.
[01:35:37.800 --> 01:35:40.800]  I've never received anything.
[01:35:40.800 --> 01:35:46.800]  And in the meantime, I've, through the attorney, found out that, or the attorney that I had,
[01:35:46.800 --> 01:35:54.800]  that I hired when I requested an attorney and wasn't provided with an attorney as I should have been,
[01:35:54.800 --> 01:36:00.800]  that the judge had actually called him and he didn't go into detail of the conversation.
[01:36:00.800 --> 01:36:06.800]  So consequently, as part of that activity, I've, in the process, filed a suit,
[01:36:06.800 --> 01:36:10.800]  a malpractice suit against the attorney.
[01:36:10.800 --> 01:36:20.800]  It seems like anything that could have been, that they could have done wrong, I guess, illegally,
[01:36:20.800 --> 01:36:23.800]  that's the way things were done.
[01:36:23.800 --> 01:36:28.800]  There's not one thing, I never, I didn't get one bit of honesty,
[01:36:28.800 --> 01:36:31.800]  I got an honesty from clerks, I got an honesty from anyone.
[01:36:31.800 --> 01:36:34.800]  I mean, it's incredible.
[01:36:34.800 --> 01:36:36.800]  But that's, I guess it's kind of an update.
[01:36:36.800 --> 01:36:43.800]  So yes, there's really not a whole lot to, you know, there'll be a judgment.
[01:36:43.800 --> 01:36:52.800]  But, you know, in my favor, a default judgment, but that's just, that's kind of where that's at.
[01:36:52.800 --> 01:36:54.800]  I guess that's a good thing.
[01:36:54.800 --> 01:36:58.800]  You have to answer, you know, you have to do something, but nothing's happened.
[01:36:58.800 --> 01:37:06.800]  So that's my story and I'm sticking to it.
[01:37:06.800 --> 01:37:11.800]  That's our court system for me.
[01:37:11.800 --> 01:37:17.800]  And anyway, and my attorney, Randy's right, my attorney was absolutely,
[01:37:17.800 --> 01:37:21.800]  it was one of those instances where had I had my brothers, obviously,
[01:37:21.800 --> 01:37:27.800]  had a court appointed attorney, but I wasn't allowed.
[01:37:27.800 --> 01:37:32.800]  And I asked three times, actually probably more than that,
[01:37:32.800 --> 01:37:36.800]  because beforehand I had asked and I asked when I actually got to court.
[01:37:36.800 --> 01:37:46.800]  When I went for an arraignment, it was four or five days after I was actually arrested.
[01:37:46.800 --> 01:37:53.800]  And, you know, like I said, normally under those circumstances you have 10 days.
[01:37:53.800 --> 01:37:55.800]  And I was trying to get paperwork together.
[01:37:55.800 --> 01:38:01.800]  I called them, told them I wanted to continue, and she begged and pleaded with me literally to come to court
[01:38:01.800 --> 01:38:07.800]  so that I could start the intimidation process all over again.
[01:38:07.800 --> 01:38:14.800]  And that's when I essentially filed, I pulled it online and filed about 250 pages of documents.
[01:38:14.800 --> 01:38:17.800]  Incredible.
[01:38:17.800 --> 01:38:19.800]  That is still going on.
[01:38:19.800 --> 01:38:20.800]  This is what, six months later.
[01:38:20.800 --> 01:38:28.800]  So I guess it's kind of like what you're going through with you in your particular situation.
[01:38:28.800 --> 01:38:31.800]  So you just have to hang in there.
[01:38:31.800 --> 01:38:33.800]  You know, you can't get discouraged.
[01:38:33.800 --> 01:38:35.800]  But if you know a little bit, if you understand your rights,
[01:38:35.800 --> 01:38:37.800]  if you understand constitutional principles,
[01:38:37.800 --> 01:38:42.800]  if you understand the Code of Criminal Procedure and the penal code for your state,
[01:38:42.800 --> 01:38:49.800]  you know, I stress that people learn your rights first and foremost and then learn the law.
[01:38:49.800 --> 01:38:51.800]  And then learn the tricks to the trade,
[01:38:51.800 --> 01:38:54.800]  at least the few little tricks that you're going to need once you go to court
[01:38:54.800 --> 01:38:57.800]  to get you where you need to be because if you don't,
[01:38:57.800 --> 01:39:01.800]  you're just going to be swimming in really, really deep water, you know.
[01:39:01.800 --> 01:39:05.800]  It makes it really easy when you understand some tricks to the trade.
[01:39:05.800 --> 01:39:10.800]  Jurisdictionary is a really good thing too, you know, to teach you what to do and how to do it,
[01:39:10.800 --> 01:39:15.800]  how to file paperwork, when to file it, you know, what your deadlines are.
[01:39:15.800 --> 01:39:17.800]  You know, it's like motions.
[01:39:17.800 --> 01:39:24.800]  I didn't realize that motions, literally you can make a motion for anything.
[01:39:24.800 --> 01:39:30.800]  You know, you can make a motion to the court to have court on Saturday, you know.
[01:39:30.800 --> 01:39:34.800]  It may not, you know, it might be turned down, but you can make a motion.
[01:39:34.800 --> 01:39:36.800]  You can try, you know.
[01:39:36.800 --> 01:39:40.800]  So it's very, very, you know, once you get into it, you learn.
[01:39:40.800 --> 01:39:44.800]  It's not hard to learn, but people have got to do that because there's so many people.
[01:39:44.800 --> 01:39:50.800]  When I was down there, I talked to so many people that were in jail without charges, you know.
[01:39:50.800 --> 01:39:52.800]  And that's scary.
[01:39:52.800 --> 01:39:57.800]  It's seeing all these different police from, I don't know,
[01:39:57.800 --> 01:40:00.800]  who knows how many different jurisdictions.
[01:40:00.800 --> 01:40:04.800]  And chances are every one of those people, they've got causes,
[01:40:04.800 --> 01:40:09.800]  they've got criminal complaints they could file and they should file because they don't know.
[01:40:09.800 --> 01:40:13.800]  The first thing that you've got to get over is you can't be afraid.
[01:40:13.800 --> 01:40:15.800]  That's the first thing, that's the first hurdle you've got to get over.
[01:40:15.800 --> 01:40:20.800]  You've got to get past the intimidation thing and you've got to, you don't have a choice.
[01:40:20.800 --> 01:40:22.800]  You know, we all have to do that.
[01:40:22.800 --> 01:40:26.800]  Otherwise, you know, we're just, you know, we're beating our heads against a wall.
[01:40:26.800 --> 01:40:29.800]  So that's it.
[01:40:29.800 --> 01:40:31.800]  Indeed.
[01:40:31.800 --> 01:40:35.800]  If you don't get over it, then all you are is cannon fodder.
[01:40:35.800 --> 01:40:36.800]  That's it.
[01:40:36.800 --> 01:40:37.800]  They're going to get to you.
[01:40:37.800 --> 01:40:42.800]  You're just a cog in the wheel and you've got to get sick of it.
[01:40:42.800 --> 01:40:43.800]  You've got to get fed up.
[01:40:43.800 --> 01:40:45.800]  You've got to say enough is enough.
[01:40:45.800 --> 01:40:48.800]  You know, that's it, bottom line.
[01:40:48.800 --> 01:40:51.800]  Well, yes, I totally agree.
[01:40:51.800 --> 01:40:58.800]  And one effective tool that I've learned for getting over the fear is to become educated.
[01:40:58.800 --> 01:40:59.800]  Exactly.
[01:40:59.800 --> 01:41:03.800]  Because there's an old adage, and I believe it's true,
[01:41:03.800 --> 01:41:09.800]  something to the effect of most of the time fear results from ignorance.
[01:41:09.800 --> 01:41:11.800]  Not stupidity, but ignorance.
[01:41:11.800 --> 01:41:12.800]  Exactly.
[01:41:12.800 --> 01:41:13.800]  Being uninformed.
[01:41:13.800 --> 01:41:18.800]  And so once you start educating yourself and researching and learning the law
[01:41:18.800 --> 01:41:22.800]  and seeing that most of the time the law is totally on our side.
[01:41:22.800 --> 01:41:29.800]  Most of the corpus juris, as Randy says, is very constitutional when it comes to due process
[01:41:29.800 --> 01:41:30.800]  and things like that.
[01:41:30.800 --> 01:41:34.800]  Now, yes, there's a bunch of unnecessary laws and, you know,
[01:41:34.800 --> 01:41:37.800]  like big government types of stuff forcing health care down our throat
[01:41:37.800 --> 01:41:44.800]  and prohibitions and, you know, other things like this that libertarian principles don't agree with.
[01:41:44.800 --> 01:41:50.800]  But as far as the corpus juris of due process, most of it is very, very good.
[01:41:50.800 --> 01:41:52.800]  It's very constitutional.
[01:41:52.800 --> 01:41:56.800]  And these guys, these rogues, they're just pulling smoke and mirrors tricks.
[01:41:56.800 --> 01:41:57.800]  Exactly.
[01:41:57.800 --> 01:42:04.800]  They're totally breaking the law and hoodwinking people because of their ignorance.
[01:42:04.800 --> 01:42:10.800]  And so once you become educated, the fear starts to melt away because you learn
[01:42:10.800 --> 01:42:16.800]  and you see that pretty much most of the time most of the law, if not all of it,
[01:42:16.800 --> 01:42:20.800]  is on our side and the case law too.
[01:42:20.800 --> 01:42:22.800]  So become educated.
[01:42:22.800 --> 01:42:24.800]  Write your narratives.
[01:42:24.800 --> 01:42:28.800]  Read the law associated with what's going on with your situation.
[01:42:28.800 --> 01:42:31.800]  Get your dictionary, these types of things.
[01:42:31.800 --> 01:42:36.800]  And the more you become educated and part of the community, the fear starts to melt away.
[01:42:36.800 --> 01:42:38.800]  And we all support each other as well.
[01:42:38.800 --> 01:42:39.800]  Right.
[01:42:39.800 --> 01:42:42.800]  Because every time I hear somebody talk about a traffic ticket nowadays,
[01:42:42.800 --> 01:42:47.800]  the first thing I think about is what Eddie talks about.
[01:42:47.800 --> 01:42:49.800]  Well, I mean, how are you traveling?
[01:42:49.800 --> 01:42:51.800]  I mean, what kind of business are you in?
[01:42:51.800 --> 01:42:52.800]  Were you in commerce?
[01:42:52.800 --> 01:42:54.800]  Were you just traveling for pleasure?
[01:42:54.800 --> 01:42:56.800]  Were you on vacation?
[01:42:56.800 --> 01:43:00.800]  And that's a legitimate argument.
[01:43:00.800 --> 01:43:03.800]  But they do not want to.
[01:43:03.800 --> 01:43:09.800]  If you bring up 537 with a police officer, they look at you like you're from Mars.
[01:43:09.800 --> 01:43:13.800]  You're just kind of unqualified to commercial traffic.
[01:43:13.800 --> 01:43:15.800]  Well, I wasn't in commerce.
[01:43:15.800 --> 01:43:17.800]  Wasn't it obvious that I wasn't in commerce?
[01:43:17.800 --> 01:43:19.800]  So what are you doing?
[01:43:19.800 --> 01:43:26.800]  What gave you cause to stop me in the first place?
[01:43:26.800 --> 01:43:30.800]  And then Eddie, what you talk about are just the three questions.
[01:43:30.800 --> 01:43:32.800]  That's it.
[01:43:32.800 --> 01:43:33.800]  Indeed.
[01:43:33.800 --> 01:43:36.800]  A lot of them know, but a lot of them don't know.
[01:43:36.800 --> 01:43:43.800]  Yeah, I'm actually in the process of setting up a step-by-step guide sheet to go with the seminar
[01:43:43.800 --> 01:43:49.800]  on what you should do and should not do from the beginning of a traffic stop all the way through.
[01:43:49.800 --> 01:43:50.800]  Exactly.
[01:43:50.800 --> 01:43:51.800]  Okay, guys.
[01:43:51.800 --> 01:43:52.800]  All right.
[01:43:52.800 --> 01:43:53.800]  That's all I had.
[01:43:53.800 --> 01:43:54.800]  Thank you, Keith.
[01:43:54.800 --> 01:43:55.800]  Welcome.
[01:43:55.800 --> 01:43:56.800]  It's good talking to you guys.
[01:43:56.800 --> 01:43:57.800]  All right.
[01:43:57.800 --> 01:43:58.800]  Obviously.
[01:43:58.800 --> 01:43:59.800]  Thank you.
[01:43:59.800 --> 01:44:00.800]  Talk to you soon.
[01:44:00.800 --> 01:44:05.800]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[01:44:05.800 --> 01:44:08.800]  Debt collectors now with the Michael Mears Proven Method.
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[01:44:20.800 --> 01:44:26.800]  what to do when contacted by phone, mail, or court summons, how to answer letters and phone calls,
[01:44:26.800 --> 01:44:30.800]  how to get debt collectors out of your credit report, how to turn the financial tables on them
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[01:44:33.800 --> 01:44:38.800]  The Michael Mears Proven Method is the solution for how to stop debt collectors.
[01:44:38.800 --> 01:44:40.800]  Personal consultation is available as well.
[01:44:40.800 --> 01:44:46.800]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner,
[01:44:46.800 --> 01:44:49.800]  or email michaelmears at yahoo.com.
[01:44:49.800 --> 01:45:01.800]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[01:45:01.800 --> 01:45:11.800]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech talk radio at its best.
[01:45:31.800 --> 01:45:46.800]  Okay, coming into the home stretch, final segment.
[01:45:46.800 --> 01:45:48.800]  We're taking your calls.
[01:45:48.800 --> 01:45:52.800]  And as requested, Dan from Connecticut has called in.
[01:45:52.800 --> 01:45:54.800]  Dan, thank you for calling in.
[01:45:54.800 --> 01:45:55.800]  What's on your mind?
[01:45:55.800 --> 01:46:01.800]  Are your comments pursuant to the topic and issues we asked you to call in concerning or something else?
[01:46:01.800 --> 01:46:02.800]  Yes, I do.
[01:46:02.800 --> 01:46:04.800]  As a matter of fact, I've got a question for you.
[01:46:04.800 --> 01:46:11.800]  If there is a warrant out for your arrest in Connecticut, what's the best place for you to hide?
[01:46:11.800 --> 01:46:12.800]  Do you want to call in?
[01:46:12.800 --> 01:46:14.800]  Exactly.
[01:46:14.800 --> 01:46:19.800]  I'm not sure because I just tuned in because we've got the kids tonight.
[01:46:19.800 --> 01:46:31.800]  But basically, it looks like his wife was in court every month from July 09 to February of 2010, the whole time this warrant outstanding.
[01:46:31.800 --> 01:46:37.800]  They did not pick her up.
[01:46:37.800 --> 01:46:40.800]  And what was your purpose for being in the court?
[01:46:40.800 --> 01:46:50.800]  Basically, a lot of it was related to a child custody thing, my understanding is, and old charges, which, you know, were, I guess, settled out.
[01:46:50.800 --> 01:46:53.800]  And basically, after February, all of that was settled.
[01:46:53.800 --> 01:46:59.800]  You know, everything was closed out when she got picked up on May 27.
[01:46:59.800 --> 01:47:02.800]  You know, they were kind of mystified because none of this was ever mentioned.
[01:47:02.800 --> 01:47:11.800]  But the thing that we're concerned about is basically related to the whole competency evaluation.
[01:47:11.800 --> 01:47:14.800]  You know, because, you know, I did get a detailed narrative.
[01:47:14.800 --> 01:47:22.800]  And what appears to be going on here is, you know, it looks like she had a total of five different competency evaluations.
[01:47:22.800 --> 01:47:28.800]  And every time she refused to kind of go along with taking the deal, they'd do another evaluation.
[01:47:28.800 --> 01:47:37.800]  And finally, at the last evaluation, they basically, you know, had said, okay, well, we're going to do another evaluation again.
[01:47:37.800 --> 01:47:45.800]  And what had happened is the public pretender, as I call them, basically said, you know, if you don't take the deal, we're going to have to make you do this.
[01:47:45.800 --> 01:47:54.800]  And the person doing the evaluation, you know, tried to do the evaluation, but she figured, you know what, no matter what I say, you're going to say I'm insane anyhow.
[01:47:54.800 --> 01:48:04.800]  So basically the guy doing the evaluation said she was incompetent and back to the state hospital she went where she probably spent about six months in the aggregate.
[01:48:04.800 --> 01:48:15.800]  So the concern we're having is, and this is why I wanted to hold off myself, I was thinking, you know, we're concerned that no matter what happens,
[01:48:15.800 --> 01:48:22.800]  they're just going to see it as an excuse to do another competency evaluation, but thankfully he is saving up for an attorney.
[01:48:22.800 --> 01:48:34.800]  But we didn't want to go to the public defender route, you know, of course, for the reason, you know, being the experience that was so far before us.
[01:48:34.800 --> 01:48:37.800]  Yeah.
[01:48:37.800 --> 01:48:39.800]  So yeah.
[01:48:39.800 --> 01:48:42.800]  How many evaluations have they given?
[01:48:42.800 --> 01:48:44.800]  Six.
[01:48:44.800 --> 01:48:53.800]  And when she's been in for a little bit, 10 or 20 days later, they'll say, I'll wave their magic wand and say you're competent again.
[01:48:53.800 --> 01:49:06.800]  They need to file against the judge for false imprisonment and sue the state in the Fed.
[01:49:06.800 --> 01:49:16.800]  Yeah, that, as a matter of fact, was where I was thinking of filing a criminal complaint because I know the Feds are already looking at Connecticut big time,
[01:49:16.800 --> 01:49:27.800]  not just for child custody things, but, you know, there was also a concern about, you know, how Connecticut was complying with due process already.
[01:49:27.800 --> 01:49:30.800]  Well, it didn't sound like they're complying at all.
[01:49:30.800 --> 01:49:34.800]  This might be the case that throws out all this nonsense.
[01:49:34.800 --> 01:49:38.800]  Yeah, I was talking to Michael earlier and I interrupted him.
[01:49:38.800 --> 01:49:42.800]  I said, could you stop making me laugh and tell me about your case?
[01:49:42.800 --> 01:49:47.800]  Because the more time goes on, the more disorganized it seems.
[01:49:47.800 --> 01:49:52.800]  I know when they got that Brady motion, they were kind of like, we've never seen this before.
[01:49:52.800 --> 01:49:55.800]  Like, they didn't even know what they were looking at.
[01:49:55.800 --> 01:50:01.800]  And there was a different prosecutor this time, too, and this seems to be the standard case as well.
[01:50:01.800 --> 01:50:04.800]  And there was also a different judge.
[01:50:04.800 --> 01:50:07.800]  You know, so they just keep shuffling the judges and the prosecutors.
[01:50:07.800 --> 01:50:12.800]  You know, we don't even know who we're serving papers with.
[01:50:12.800 --> 01:50:14.800]  You know, so the warrant's missing.
[01:50:14.800 --> 01:50:17.800]  You know, we don't know who the state attorney is.
[01:50:17.800 --> 01:50:19.800]  The judge always changes.
[01:50:19.800 --> 01:50:21.800]  It's a big sham.
[01:50:21.800 --> 01:50:30.800]  And if we look at Connecticut General Statutes 51-52F paragraph 3, it pretty much says the court's supposed to have everything.
[01:50:30.800 --> 01:50:35.800]  And as it appears to be standard practice up here, the clerk does not have everything.
[01:50:35.800 --> 01:50:41.800]  It's almost like the prosecutor is the clerk.
[01:50:41.800 --> 01:50:48.800]  That's pretty valid everywhere.
[01:50:48.800 --> 01:50:54.800]  Yeah, I mean, I would say that, but Connecticut doesn't appear to have a statute that addresses this.
[01:50:54.800 --> 01:51:01.800]  The closest one actually deals with police officers and municipal employees.
[01:51:01.800 --> 01:51:02.800]  Wait a minute.
[01:51:02.800 --> 01:51:05.800]  There's no tampering with a government document statute in Connecticut?
[01:51:05.800 --> 01:51:09.800]  No, not specifically.
[01:51:09.800 --> 01:51:11.800]  Not specifically.
[01:51:11.800 --> 01:51:20.800]  There is a tampering with a witness statute, which obviously this would go to that at several points.
[01:51:20.800 --> 01:51:27.800]  The judge is each judge with it and how to sue the judges.
[01:51:27.800 --> 01:51:31.800]  This is blatant.
[01:51:31.800 --> 01:51:36.800]  Did they ever transport her in a police vehicle?
[01:51:36.800 --> 01:51:38.800]  Yes, as a matter of fact, they did.
[01:51:38.800 --> 01:51:42.800]  And it turns out, I just looked up the case numbers today.
[01:51:42.800 --> 01:51:48.800]  The arresting agency is the Department of Mental Health and Addiction Services.
[01:51:48.800 --> 01:51:51.800]  That's the arresting agency, go figure.
[01:51:51.800 --> 01:51:55.800]  But the weird thing I found with this, and this is another reason I've attempted to hold off,
[01:51:55.800 --> 01:52:03.800]  is apparently they're talking about two separate instances, like one day and then the next day,
[01:52:03.800 --> 01:52:08.800]  where apparently how dare you stand in the way when I'm swinging objects at you.
[01:52:08.800 --> 01:52:10.800]  You've assaulted me.
[01:52:10.800 --> 01:52:13.800]  It appears they've got the year wrong on one of them.
[01:52:13.800 --> 01:52:19.800]  Because the first incident it looks like is 1-17-10 that's dated,
[01:52:19.800 --> 01:52:25.800]  but the second one somehow occurred in 2009.
[01:52:25.800 --> 01:52:29.800]  So it looks like they even got the year wrong when they listed the case.
[01:52:29.800 --> 01:52:34.800]  It's almost as if not even they know what they're doing.
[01:52:34.800 --> 01:52:35.800]  I find that...
[01:52:35.800 --> 01:52:39.800]  What do you mean if?
[01:52:39.800 --> 01:52:43.800]  I would generally say they know what they're doing and they just don't want to be made to work,
[01:52:43.800 --> 01:52:50.800]  but they appear to be really disorganized.
[01:52:50.800 --> 01:52:53.800]  But that's been a common condition.
[01:52:53.800 --> 01:52:59.800]  When you start paying attention, they don't do anything right.
[01:52:59.800 --> 01:53:05.800]  And these folks seem in a good position to go after them.
[01:53:05.800 --> 01:53:07.800]  Yeah, I'd say so too.
[01:53:07.800 --> 01:53:13.800]  But again, the primary concern is no matter what step is taken,
[01:53:13.800 --> 01:53:16.800]  they're pretty much going to say you need a psych evaluation unless...
[01:53:16.800 --> 01:53:19.800]  That's why you take them to the Fed.
[01:53:19.800 --> 01:53:23.800]  It would be by the habeas corpus in the Fed.
[01:53:23.800 --> 01:53:28.800]  Just don't submit to the psych evaluation in the first place.
[01:53:28.800 --> 01:53:34.800]  Yeah, that's what I'd say, but of course even then the last one you didn't.
[01:53:34.800 --> 01:53:40.800]  They seem to be psych evaluators.
[01:53:40.800 --> 01:53:41.800]  Well, remember Bill...
[01:53:41.800 --> 01:53:42.800]  It's horrible.
[01:53:42.800 --> 01:53:51.800]  Remember Bill Veath was saying that you can call the conclusions of the stats into question.
[01:53:51.800 --> 01:53:56.800]  File complaints against each of the evaluators.
[01:53:56.800 --> 01:53:58.800]  Send them court letters.
[01:53:58.800 --> 01:54:01.800]  You know, as a matter of fact, speaking of the evaluators,
[01:54:01.800 --> 01:54:04.800]  I was looking at the narrative and believe it or not,
[01:54:04.800 --> 01:54:12.800]  I ran across the same name common to another case that was made aware of in Connecticut.
[01:54:12.800 --> 01:54:17.800]  And what it appears is like this guy will just kind of go around
[01:54:17.800 --> 01:54:24.800]  and it's his job to just convince the court that people are just infirm.
[01:54:24.800 --> 01:54:25.800]  Well, wait a minute.
[01:54:25.800 --> 01:54:28.800]  What Bill was saying when he was on the show,
[01:54:28.800 --> 01:54:34.800]  he was involved with a case where this insurance company through discovery
[01:54:34.800 --> 01:54:38.800]  was able to get the data of the testing.
[01:54:38.800 --> 01:54:45.800]  And the insurance company hired Bill and some others to come to their own conclusions
[01:54:45.800 --> 01:54:47.800]  based on the original data,
[01:54:47.800 --> 01:54:53.800]  which were much different from the conclusions of the other evaluators,
[01:54:53.800 --> 01:54:56.800]  the original evaluation.
[01:54:56.800 --> 01:55:01.800]  And they were able to, the insurance company was able to get the evaluation,
[01:55:01.800 --> 01:55:04.800]  the original evaluation overturned.
[01:55:04.800 --> 01:55:11.800]  So have them through discovery, subpoena, either subpoena or through discovery,
[01:55:11.800 --> 01:55:17.800]  get the original data of the testing and call it into question
[01:55:17.800 --> 01:55:20.800]  and have it evaluated by someone else like Bill.
[01:55:20.800 --> 01:55:22.800]  Oh, I'm glad you said that word discovery
[01:55:22.800 --> 01:55:26.800]  because by the time the next appearance occurs on the 27th,
[01:55:26.800 --> 01:55:30.800]  the timeframe for discovery in the practice book will have elapsed.
[01:55:30.800 --> 01:55:38.800]  Well, they better file for discovery for the original data of all of these psychovalues,
[01:55:38.800 --> 01:55:40.800]  especially the first one,
[01:55:40.800 --> 01:55:43.800]  so that an independent conclusion can be drawn
[01:55:43.800 --> 01:55:50.800]  and perhaps have the incompetency overturned.
[01:55:50.800 --> 01:55:56.800]  I think that's already included in the Brady motion, which is pretty specific.
[01:55:56.800 --> 01:56:01.800]  And there's a lot that's already been asked for.
[01:56:01.800 --> 01:56:04.800]  Yeah, well, definitely they need to get that original data.
[01:56:04.800 --> 01:56:07.800]  Yeah, I mean, it's just my Brady motion.
[01:56:07.800 --> 01:56:08.800]  It asks for everything.
[01:56:08.800 --> 01:56:09.800]  Oh, it does.
[01:56:09.800 --> 01:56:14.800]  And there's a few extra goodies in there specific to Connecticut.
[01:56:14.800 --> 01:56:15.800]  Good.
[01:56:15.800 --> 01:56:16.800]  All right.
[01:56:16.800 --> 01:56:17.800]  Anything else, Dan?
[01:56:17.800 --> 01:56:23.800]  No, just in general, the concern is not to trigger that competency evaluation
[01:56:23.800 --> 01:56:26.800]  because once that happens, you know,
[01:56:26.800 --> 01:56:31.800]  it's going to be very difficult to have, you know, some kind of a criminal case pressed.
[01:56:31.800 --> 01:56:36.800]  You know, but basically we're erring on the side of waiting for this attorney
[01:56:36.800 --> 01:56:43.800]  that they know he's a good one to come in.
[01:56:43.800 --> 01:56:47.800]  Well, unfortunately for her, she's already taken it, you know.
[01:56:47.800 --> 01:56:50.800]  The key is to not take it in the first place.
[01:56:50.800 --> 01:56:53.800]  I mean, and this is a whole new case.
[01:56:53.800 --> 01:56:56.800]  You know, they just decided even though we had you in court,
[01:56:56.800 --> 01:56:58.800]  we're not going to arrest you yet.
[01:56:58.800 --> 01:57:02.800]  I mean, it's kind of one of those situations where you're almost out of the system,
[01:57:02.800 --> 01:57:06.800]  and then one second before you're done with it, they yell,
[01:57:06.800 --> 01:57:13.800]  surprise, there's something else.
[01:57:13.800 --> 01:57:18.800]  That actually sounds about par.
[01:57:18.800 --> 01:57:21.800]  Yep, and it's all about the money too.
[01:57:21.800 --> 01:57:22.800]  Yeah, all right.
[01:57:22.800 --> 01:57:24.800]  Well, I just wanted to check in with you guys.
[01:57:24.800 --> 01:57:25.800]  Let you get on the callers.
[01:57:25.800 --> 01:57:29.800]  Randy, I'll email you what I have so far.
[01:57:29.800 --> 01:57:31.800]  You know, because I have a feeling that, you know,
[01:57:31.800 --> 01:57:33.800]  A, we were concerned about what they were going to do,
[01:57:33.800 --> 01:57:36.800]  and B, the complaint's going to get bigger.
[01:57:36.800 --> 01:57:40.800]  So rest assured there are more defendants in there.
[01:57:40.800 --> 01:57:44.800]  Yeah, and try to look up some statute that could be similar to tampering
[01:57:44.800 --> 01:57:45.800]  with a government document.
[01:57:45.800 --> 01:57:49.800]  There's got to be something that addresses that issue.
[01:57:49.800 --> 01:57:55.800]  I mean, it can't be lawful for people to just tamper and forge
[01:57:55.800 --> 01:58:01.800]  and manipulate government documents without retribution.
[01:58:01.800 --> 01:58:05.800]  Yeah, there is, but unfortunately the court ones don't have an or else in it,
[01:58:05.800 --> 01:58:07.800]  at least that I've seen, but who knows?
[01:58:07.800 --> 01:58:08.800]  Maybe that could be different.
[01:58:08.800 --> 01:58:10.800]  Okay, well, we're at the end of the show.
[01:58:10.800 --> 01:58:11.800]  Thank you, Dan.
[01:58:11.800 --> 01:58:13.800]  No, take it easy.
[01:58:13.800 --> 01:58:16.800]  Okay, Stephen, Carlos, sorry.
[01:58:16.800 --> 01:58:17.800]  We're at the end of the show.
[01:58:17.800 --> 01:58:19.800]  Call back on Monday,
[01:58:19.800 --> 01:58:25.800]  and everyone have a wonderful Independence Day weekend.
[01:58:25.800 --> 01:58:27.800]  This is the rule of law.
[01:58:27.800 --> 01:58:30.800]  Randy Kelton, Eddie Craig, Deborah Stevens.
[01:58:30.800 --> 01:58:32.800]  We'll be back on Monday.
[01:58:32.800 --> 01:59:01.800]  Now have a blessed weekend.
[01:59:02.800 --> 01:59:05.800]  I'm dangerous, dangerous.
[01:59:05.800 --> 01:59:07.800]  I'm like a stepping race.
[01:59:07.800 --> 01:59:09.800]  Watch my side.
[01:59:09.800 --> 01:59:13.800]  I'm dangerous, dangerous.
[01:59:13.800 --> 01:59:20.800]  If you are a Chucky, somebody Chucky from me.
[01:59:20.800 --> 01:59:28.800]  If you are a Chucky, Chucky, somebody Chucky from me.
[01:59:28.800 --> 01:59:30.800]  I'm like a stepping race.
[01:59:30.800 --> 01:59:32.800]  Watch my side.
[01:59:32.800 --> 01:59:34.800]  I'm dangerous.
[01:59:34.800 --> 01:59:36.800]  I'm dangerous.
[01:59:36.800 --> 01:59:38.800]  I'm like a stepping race.
[01:59:38.800 --> 01:59:40.800]  Watch my side.
[01:59:40.800 --> 01:59:43.800]  I'm dangerous, dangerous.
[01:59:43.800 --> 01:59:50.800]  If you eat a ball, it's a dream.
[01:59:50.800 --> 01:59:53.800]  It's a dream, let's move.
[01:59:53.800 --> 02:00:00.800]  It's a dream, let's move.