ROL_2010-09-02_16k.timecode

[00:00.000 --> 00:04.320]  This news brief brought to you by the International Newsnet.
[00:04.320 --> 00:08.000]  Former Cuban President Fidel Castro has said for the first time
[00:08.000 --> 00:11.520]  the Cuban Revolution persecuted gays in its early years.
[00:11.520 --> 00:16.480]  In the 1960s and 70s thousands of homosexuals were sent to forced labor camps
[00:16.480 --> 00:20.920]  without trial. In 1979 homosexuality was decriminalized
[00:20.920 --> 00:24.800]  and more recently there have been efforts to legalize same-sex unions.
[00:24.800 --> 00:28.800]  Former UK Prime Minister Tony Blair
[00:28.800 --> 00:32.600]  praises George Bush in his new memoir. Blair wrote
[00:32.600 --> 00:36.760]  I was asked which of the political leaders I had met had most integrity.
[00:36.760 --> 00:40.600]  I listed George near the top in what was a fairly liberal audience.
[00:40.600 --> 00:44.360]  Some people were aghast, others tittered thinking I was joking.
[00:44.360 --> 00:48.960]  But I meant it. He had genuine integrity and as much political courage as any
[00:48.960 --> 00:50.200]  leader I ever met.
[00:50.200 --> 00:53.600]  In Maputo Mozambique
[00:53.600 --> 00:58.080]  clashes have broken out between police and protesters riled by rising food
[00:58.080 --> 00:58.720]  prices.
[00:58.720 --> 01:01.920]  Police shot six protesters including one boy.
[01:01.920 --> 01:06.640]  The price of bread has risen 30 percent this year following droughts in Eastern Europe.
[01:06.640 --> 01:12.040]  While most Americans have struggled to make ends meet during the recession
[01:12.040 --> 01:14.760]  some members of Congress have actually grown richer.
[01:14.760 --> 01:18.640]  According to the congressional newspaper The Hill, the collective net worth of the
[01:18.640 --> 01:20.720]  50 richest members of the Congress
[01:20.720 --> 01:24.480]  was at least 1.4 billion dollars in 2009
[01:24.480 --> 01:28.560]  up more than 85 million from the year before. Made up of 30 house
[01:28.560 --> 01:30.120]  members and 20 senators
[01:30.120 --> 01:34.600]  the list comprises 27 Democrats including House Speaker Nancy Pelosi
[01:34.600 --> 01:38.600]  and 23 Republicans. Topping the list is Senator John Kerry
[01:38.600 --> 01:41.680]  who's declared net worth was 189 million
[01:41.680 --> 01:45.960]  an increase of 20 million over 2008. Kerry came under fire
[01:45.960 --> 01:49.240]  for avoiding taxes on his seven million dollar yacht.
[01:49.240 --> 01:52.640]  The environmental group Greenpeace
[01:52.640 --> 01:57.000]  claims to have halted offshore drilling by a British oil company in the Arctic
[01:57.000 --> 02:00.040]  after four climbers occupied the rig Tuesday.
[02:00.040 --> 02:03.960]  Greenpeace said the four protesters invaded a small flotilla
[02:03.960 --> 02:08.160]  of armed Danish Navy and police boats in Baffin Bay off Greenland
[02:08.160 --> 02:11.600]  guarding the rig since the Greenpeace ship Esperanza
[02:11.600 --> 02:16.240]  arrived last week. The rigs are operated by the oil exploration company Can Energy
[02:16.240 --> 02:20.120]  which prompted worldwide alarm amongst environmentalists
[02:20.120 --> 02:24.120]  after disclosing it had found the first evidence of oil or gas deposits
[02:24.120 --> 02:27.920]  under the Arctic. Several oil giants including Exxon
[02:27.920 --> 02:31.400]  Chevron and Shell are waiting for permission from Greenland
[02:31.400 --> 02:35.280]  to begin deep sea drilling in the Arctic's pristine waters.
[02:35.280 --> 02:38.600]  Campaigners claim this has led to a dangerous rush
[02:38.600 --> 02:42.080]  to exploit one of the world's last major untapped reserves
[02:42.080 --> 02:46.240]  in one of its most fragile locations. The US Geological Survey
[02:46.240 --> 02:49.280]  estimates there may be 90 billion barrels of oil
[02:49.280 --> 02:56.280]  and 50 trillion cubic meters of gas across the Arctic.
[03:20.280 --> 03:24.280]  Bad Boys!
[03:24.280 --> 03:29.280]  What you want? What you want? What you gonna do?
[03:29.280 --> 03:32.280]  We're gonna show you something broken for you.
[03:32.280 --> 03:36.280]  Tell me!
[03:36.280 --> 03:41.280]  What you wanna do? What you gonna do?
[03:41.280 --> 03:42.280]  Yeah!
[03:42.280 --> 03:44.280]  Bad Boys! Bad Boys!
[03:44.280 --> 03:47.280]  What you gonna do? What you gonna do?
[03:47.280 --> 03:50.280]  When they come for you?
[03:50.280 --> 03:54.280]  What you gonna do? What you gonna do when they come for you?
[03:54.280 --> 03:57.280]  When you were 8 years old and had bad trees
[03:57.280 --> 03:59.280]  you go to school and learn the golden rule
[03:59.280 --> 04:02.280]  So why are you acting like a bloody fool?
[04:02.280 --> 04:05.280]  If you get cocked and you must get crewed
[04:05.280 --> 04:06.280]  Bad Boys! Bad Boys!
[04:06.280 --> 04:09.280]  What you gonna do? What you gonna do?
[04:09.280 --> 04:12.280]  When they come for you?
[04:12.280 --> 04:14.280]  What you gonna do? What you gonna do?
[04:14.280 --> 04:27.280]  Hi, folks. Good evening. This is Eddie Craig, Rule of Law Radio. Debra Stevens, Randy Kelton.
[04:27.280 --> 04:32.880]  We are trying to get Randy connected with us here, so he should be on shortly. Tonight,
[04:32.880 --> 04:37.760]  there is some details I would like to go over on the issue that I began discussing with
[04:37.760 --> 04:46.200]  Randy on last Thursday regarding the use of criminal complaints to prosecute certain cases
[04:46.200 --> 04:54.160]  here in Texas, specifically the ones that are fine-only or malaprohibita offenses. Okay?
[04:54.160 --> 04:59.200]  So I've written my arguments down and I've fleshed out the details on them. And what
[04:59.200 --> 05:05.720]  I'd like to do first is lay this out for you folks and get you to thinking about it. And
[05:05.720 --> 05:09.200]  if you have any questions or comments on it, we'd love to hear from you when we start taking
[05:09.200 --> 05:14.480]  calls. We'll also be ready to take calls for your other issues. So anything you got when
[05:14.480 --> 05:23.040]  we open up the phone lines, please feel free. The call-in number is 512-646-1984. Okay.
[05:23.040 --> 05:27.640]  Now this is the way that I've set this up here. I've got my arguments basically numbered
[05:27.640 --> 05:39.560]  one to 12. Number one is, Pursuant Texas Code of Criminal Procedure Articles 1.23, 21.02802
[05:39.560 --> 05:51.560]  Sub-Item 8 and 45.019 Sub-Section A Sub-Item 7 and 30.00049, all criminal complaints and
[05:51.560 --> 05:57.360]  grand jury indictments in Texas must conclude with the statement against the peace and
[05:57.360 --> 06:04.280]  dignity of the state. Number two, according to Black's Law Dictionary, 6th edition on
[06:04.280 --> 06:12.200]  page 62, against the peace is defined as a technical phrase used in alleging a breach
[06:12.200 --> 06:19.680]  of the peace. Okay. Number three, there is also the consideration of both Bouvier's Law
[06:19.680 --> 06:26.320]  Dictionary from 1856 and the above cited Black's Law upon the same page that against the form
[06:26.320 --> 06:32.320]  of the statute is defined as technical words which must be used in framing an indictment
[06:32.320 --> 06:39.480]  for a breach of the statute prohibiting the act complained of. Now understand that. There
[06:39.480 --> 06:47.880]  is breach of the peace and there is against the form of the statute or breach of the statute
[06:47.880 --> 06:54.880]  would be the simpler way of saying it. Okay. They're not one and the same thing. Malaprohibita
[06:54.880 --> 07:04.000]  is a breach of a statute that's just unlawful because of statute itself prohibiting it,
[07:04.000 --> 07:10.400]  not that the act itself would otherwise be criminal because it causes no harm to anyone.
[07:10.400 --> 07:16.160]  So according to this, this lends us to the next argument. These definitions in number
[07:16.160 --> 07:21.000]  four that we spoke of in two and three, I'm dealing with in number four, these definitions
[07:21.000 --> 07:26.960]  appear to draw a legal distinction between a malaprohibita offense and an actual felony
[07:26.960 --> 07:35.720]  or breach of the peace type offense. Okay. Number five, these distinctions then lend themselves
[07:35.720 --> 07:42.440]  to the creation of the inference that the act complained of in the actual criminal complaint
[07:42.440 --> 07:49.760]  consists of all the necessary elements consistent with either a felony or an actual breach of
[07:49.760 --> 07:58.040]  the peace. And it does that because it says against the peace as the closing to the body
[07:58.040 --> 08:07.040]  of the complaint. It says it also on the indictment. Number six, in summarizing the various court
[08:07.040 --> 08:12.560]  cases I've researched, the courts have consistently ruled that a breach of the peace occurs only
[08:12.560 --> 08:19.920]  when there is an overt act of violence or use of inflammatory language that is either
[08:19.920 --> 08:27.680]  in progress or is imminent and that is intended to cause harm to another or to property or
[08:27.680 --> 08:36.840]  is intended to incite others to do same. Okay. Therefore, not all misdemeanors constitute
[08:36.840 --> 08:43.120]  a breach of the peace because not all of them contain the element of an overt act of violence
[08:43.120 --> 08:49.960]  or incendiary language for the purpose of committing violence or inciting violence.
[08:49.960 --> 08:57.960]  So they're not breaches of the peace. Number seven, not a single traffic or other malaprohibita
[08:57.960 --> 09:04.160]  offense punishable by fine only that I can find anywhere in Texas law has the necessary
[09:04.160 --> 09:10.000]  element of an overt act of violence or incendiary language to constitute the breach of the peace
[09:10.000 --> 09:17.200]  like I just said. Number eight, this then creates the additional argument that the one
[09:17.200 --> 09:23.120]  swearing to the veracity of the contents and signing the complaint has just committed an
[09:23.120 --> 09:31.640]  act of perjury or aggravated perjury. Number nine, this argument exists because the complaint
[09:31.640 --> 09:36.920]  is sworn and signed with the intent that the one accused within the complaint of having
[09:36.920 --> 09:42.240]  perpetrated the act is to be made to answer and to suffer punishment according to the
[09:42.240 --> 09:49.460]  allegations made in the complaint. Now, I'll go back and cover that part here in a minute.
[09:49.460 --> 09:56.600]  Number 10, the complaint by using the mandatory phrase against the peace is alleging that
[09:56.600 --> 10:02.440]  the act complained of did in fact constitute a breach of the peace rather than a breach
[10:02.440 --> 10:09.320]  of the form of the statute. The complaint alleges that a breach of the peace has occurred
[10:09.320 --> 10:17.160]  despite there being no overt act of violence or incendiary language either having or intended
[10:17.160 --> 10:25.080]  to incite an act of violence or destruction of property. Okay? Because the necessary element,
[10:25.080 --> 10:31.640]  number 11, of the overt act is nonexistent, the complaint is false upon its face by alleging
[10:31.640 --> 10:36.800]  that there was such an act involved and that the accused perpetrated the act in question
[10:36.800 --> 10:44.080]  with such intent. And number 12, therefore the complaint being signed under penalty of
[10:44.080 --> 10:52.440]  perjury and containing a knowingly false misrepresentation and inference by the accuser is proof positive
[10:52.440 --> 10:58.840]  of fraud being perpetrated upon the court, false allegations being made against the accused
[10:58.840 --> 11:04.920]  and criminal collusion between the accuser, the prosecution and the judge to cause harm
[11:04.920 --> 11:11.480]  to the accused through keeping this complaint active when it is invalid upon its face by
[11:11.480 --> 11:19.240]  its very statement. Now, back up at the top there where I was talking about going over
[11:19.240 --> 11:24.880]  number 10 where the phrase against the peace is alleging the act complained of did in fact
[11:24.880 --> 11:32.560]  constitute a breach of the peace, you can't sue them for filing the criminal complaint.
[11:32.560 --> 11:41.420]  So you don't have a cause of action because they filed a false complaint. Okay? Other than
[11:41.420 --> 11:49.640]  once the complaint is withdrawn, now you have a cause of action for malicious prosecution.
[11:49.640 --> 11:57.760]  Okay? But as Randy made note, you cannot sue somebody just because they filed a criminal
[11:57.760 --> 12:04.120]  complaint regardless of the intentions and motive for which they filed it. But once you
[12:04.120 --> 12:10.580]  make the argument that the complaint is false upon its face where it must be withdrawn,
[12:10.580 --> 12:15.320]  now that the complaint is withdrawn, it was decided in your favor that the complaint was
[12:15.320 --> 12:21.160]  invalid. The case was dismissed because of an invalid complaint. You now have standing
[12:21.160 --> 12:31.080]  and grounds for a cause of action under malicious prosecution. So out of all the people that
[12:31.080 --> 12:35.720]  I'm associated with that do legal research and everything, I sent them a copy of this
[12:35.720 --> 12:42.960]  and I've asked them to go through it, pick it apart, provide case law for or against,
[12:42.960 --> 12:48.480]  send me their comments. I want to know what people think of this argument because on its
[12:48.480 --> 12:54.460]  face the courts and the prosecutors are trying to have their cake and eat it too. They're
[12:54.460 --> 13:01.820]  making false claims of a breach of the peace in the criminal complaint, yet the act being
[13:01.820 --> 13:10.600]  complained of in no way constitutes such a breach. Now if this thing is to be signed
[13:10.600 --> 13:18.840]  and sworn under penalty of perjury that its entire contents is true and correct and it's
[13:18.840 --> 13:26.040]  not, something's wrong. And if the courts are saying that doesn't matter, something's
[13:26.040 --> 13:35.320]  wrong because you can't have it both ways. Either the complaint is valid or it is not
[13:35.320 --> 13:42.560]  valid. There is no halfway mark. And if it contains a false statement of fact, then it
[13:42.560 --> 13:50.360]  is invalid. The only thing that I can see the court doing, which I don't believe they
[13:50.360 --> 13:58.840]  will even try to do, is to overturn 230 plus years of case law stating what a breach of
[13:58.840 --> 14:08.280]  the peace actually is. And that the overt act against persons or property for the act
[14:08.280 --> 14:17.640]  of violence or inciting violence or other type of physical harm is the only thing that
[14:17.640 --> 14:21.360]  constitutes a breach of the peace. And the court now wants to argue, well, that doesn't
[14:21.360 --> 14:31.360]  matter. I don't see how they're going to get away with that. But that's the argument
[14:31.360 --> 14:35.680]  that I've developed based upon the information contained in these criminal complaints and
[14:35.680 --> 14:40.920]  based upon the information in the law dictionaries. Now you'll notice, like I said, there is a
[14:40.920 --> 14:47.280]  distinction being drawn in the law dictionary between an offense against a statute that's
[14:47.280 --> 14:56.440]  just malaprohibita and an actual breach of the peace. They are not one and the same thing.
[14:56.440 --> 15:04.160]  If that's the case, that would mean that malaprohibita and fine-only offenses that do not involve
[15:04.160 --> 15:10.520]  the incendiary language or the overt act, constituting a violent act against persons
[15:10.520 --> 15:20.360]  or property, doesn't qualify as a breach of the peace, it cannot be criminal. It therefore
[15:20.360 --> 15:31.960]  can only be a civil problem that goes against the form of the statute. Because all criminal
[15:31.960 --> 15:39.160]  complaints and criminal indictments by law must state it's a breach of the peace or
[15:39.160 --> 15:50.200]  a felony by saying against the peace in the complaint. That's my theory, folks. And until
[15:50.200 --> 15:57.200]  proven wrong, which I'm, if it's possible, someone will do, I'm sticking to it. Debra,
[15:57.200 --> 16:02.800]  you got any commentary on that? Well, it sounds pretty valid to me. I think we have Randy
[16:02.800 --> 16:09.440]  up on the line. Randy, so what do you have to say about it? Well, I've talked about this
[16:09.440 --> 16:19.400]  before with Eddie. On its face, it looks like a very strong argument. But when it comes
[16:19.400 --> 16:28.200]  to actually getting this adjudicated, I think this is going to be a fight. We are asking
[16:28.200 --> 16:38.480]  the courts again to throw out, if not 200 years, a pretty large number of years of adjudication
[16:38.480 --> 16:45.660]  where complaints are filed without regard to that term against peace. Okay, we'll be
[16:45.660 --> 16:50.560]  right back on the other side. This is Randy Calvin, Eddie Craig, Debra Stevens, rule of
[16:50.560 --> 17:06.800]  law. We'll be right back. Capital Coin and Bullion is your local source for rare coins,
[17:06.800 --> 17:12.560]  precious metals, and coin supplies in the Austin metro area. We also ship worldwide.
[17:12.560 --> 17:16.600]  We are a family-owned and operated business that offers competitive prices on your coin
[17:16.600 --> 17:22.120]  and metals purchases. We buy, sell, trade, and consign rare coins, gold and silver coin
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[17:39.960 --> 17:44.480]  a.m. to 5 p.m. You are welcome to stop in our shop during regular business hours or
[17:44.480 --> 17:52.200]  call 512-646-6440 with any questions. Ask for Chad and say you heard about us on Rule
[17:52.200 --> 18:15.200]  of Law Radio or 90.1-FM. That's Capital Coin and Bullion, 512-646-6440.
[18:22.200 --> 18:49.200]  We are open Monday through Friday, 10 a.m. to 6 p.m. to 5 p.m. to 6 p.m. to 5 p.m.
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[19:10.400 --> 19:11.400]  items.
[19:11.400 --> 19:12.900]  What's your answer?
[19:13.000 --> 19:14.400]  So, please, please, please.
[19:14.500 --> 19:15.400]  Here, I'm here.
[19:15.500 --> 19:19.400]  Them a tear you, them a tear me, Lord, them a tear the country.
[19:19.500 --> 19:20.400]  Here, I'm here.
[19:20.500 --> 19:24.400]  Them a tear me, them a tear you and them a tear the country.
[19:24.500 --> 19:29.400]  Them a tear up the casketous and them rip it in three, then give a damn about who.
[19:29.500 --> 19:34.400]  You know, see how this country, how them a lead we, them a lead we, you see.
[19:34.500 --> 19:39.400]  Like we blind and we crazy, them lead in with destruction, you see.
[19:39.400 --> 19:44.400]  You play weapon and big gun, then my point from the country, I love me.
[19:44.400 --> 19:49.400]  Here I am, then I fear you, then I fear me, Lord, then I fear the country.
[19:49.400 --> 19:54.400]  Here I am, then I fear you, then I fear me, Lord, then I fear the country.
[19:54.400 --> 19:59.400]  We are the Christians.
[19:59.400 --> 20:04.400]  We don't have the answers.
[20:04.400 --> 20:09.400]  But we ask the Christians.
[20:09.400 --> 20:14.400]  They don't have the answers.
[20:14.400 --> 20:19.400]  We have to question, it's about the working scheme, them look on him like on the Christian clean.
[20:19.400 --> 20:24.400]  We have to question why they need to we hold nuclear weapon in our country.
[20:24.400 --> 20:29.400]  When I find no bomb, no gun, why the hell we have children to see?
[20:29.400 --> 20:34.400]  I send them overseas in army and Lord may lead, what them do to me?
[20:34.400 --> 20:39.400]  Them not been gone crazy, no them won't be, I'll come tell me.
[20:39.400 --> 20:44.400]  How multi sign, multi service, and multi join up for some army.
[20:44.400 --> 20:49.400]  Okay, folks, we are back.
[20:49.400 --> 20:57.400]  Okay, so I'm a little bit confused because on the one hand, Eddie's saying that they would have to throw out 200 years of case law
[20:57.400 --> 21:00.400]  in order to rule against Eddie's argument.
[21:00.400 --> 21:05.400]  But Randy, you're saying they would have to throw out 200 years of case law to rule in favor of Eddie's argument.
[21:05.400 --> 21:07.400]  So which one is it? What's going on here?
[21:07.400 --> 21:18.400]  Well, I'm not saying 200 years, but what Eddie's saying is based on this,
[21:18.400 --> 21:32.400]  they would have to at least throw out that section of 1406, that section B that they put in in 65
[21:32.400 --> 21:36.400]  that allowed a police officer to arrest for anything he chose.
[21:36.400 --> 21:39.400]  They would have to take that part out.
[21:39.400 --> 21:41.400]  Well, not necessarily.
[21:41.400 --> 21:49.400]  What they wouldn't have to is because these would then become civil offenses for which arrest cannot be had.
[21:49.400 --> 21:57.400]  The malaprohibita has always been what we first got insulted over by the definition of a victimless crime.
[21:57.400 --> 22:02.400]  And a victimless crime by definition really cannot exist.
[22:02.400 --> 22:08.400]  Somebody has to have been harmed, and there has to be somebody that committed that harm.
[22:08.400 --> 22:11.400]  And those acts he could still arrest for.
[22:11.400 --> 22:18.400]  But the malaprohibita that does not involve a harm, they would have to be civil in nature from that point on,
[22:18.400 --> 22:22.400]  and the arrest would not be allowed.
[22:22.400 --> 22:24.400]  So they would not have to remove it.
[22:24.400 --> 22:32.400]  They'd just have to redefine these particular things as civil offenses rather than criminal.
[22:32.400 --> 22:40.400]  So anything that doesn't involve violence or the threat of violence.
[22:40.400 --> 22:43.400]  Correct.
[22:43.400 --> 22:48.400]  Or anything that would be a felony would also constitute a breach of the peace
[22:48.400 --> 22:59.400]  because there will be a harmed individual in every instance of a felony.
[22:59.400 --> 23:05.400]  It seems on its face when you consider it, it seems appropriate.
[23:05.400 --> 23:13.400]  It seems as though from that perspective it would fit the intent of the legislature.
[23:13.400 --> 23:19.400]  It would fit the intent of the Founding Fathers, too.
[23:19.400 --> 23:24.400]  Well, yeah, it seems to me just from a commonsense standpoint,
[23:24.400 --> 23:27.400]  especially looking at it from the point of view of the Founding Fathers,
[23:27.400 --> 23:33.400]  I don't think the Founding Fathers ever intended that anyone's liberty be taken away from them
[23:33.400 --> 23:36.400]  even just for the purpose of an arrest,
[23:36.400 --> 23:42.400]  unless it is found with probable cause right off the bat that that person is causing violence
[23:42.400 --> 23:46.400]  or causing some kind of physical damage to somebody else.
[23:46.400 --> 23:51.400]  I mean, just crimes against the state, i.e., you know,
[23:51.400 --> 23:55.400]  I just don't see how those should ever be arrestable offenses.
[23:55.400 --> 23:58.400]  I don't see how anybody should lose their liberty
[23:58.400 --> 24:02.400]  because of a so-called crime against the state.
[24:02.400 --> 24:04.400]  If you're not physically harming somebody else,
[24:04.400 --> 24:07.400]  I don't see how you're committing a crime anyway.
[24:07.400 --> 24:10.400]  That's the position of the Founding Fathers.
[24:10.400 --> 24:15.400]  So I'd have to agree with Eddie on this one.
[24:15.400 --> 24:19.400]  That's always been the majority of the patriot community's position as well.
[24:19.400 --> 24:23.400]  How can you accuse me of a crime when you can't produce an injured party
[24:23.400 --> 24:28.400]  and then Randy's argument that the courts have put forward
[24:28.400 --> 24:33.400]  that the state argues harm because of violation of the statute?
[24:33.400 --> 24:37.400]  Well, the state has no evidence of a harm.
[24:37.400 --> 24:41.400]  All they would have in that case would be the agreement by the public,
[24:41.400 --> 24:47.400]  the presumed agreement by the public, to abide by that civil statute.
[24:47.400 --> 24:53.400]  Now we're back to the radical interpretation of consent of the governed
[24:53.400 --> 25:00.400]  actually meaning what it says.
[25:00.400 --> 25:02.400]  You want to charge me a $500 fine for what?
[25:02.400 --> 25:04.400]  Oh, no, I'm not consenting to that.
[25:04.400 --> 25:09.400]  You can't show that I harmed anyone or anything in any way, shape, or form,
[25:09.400 --> 25:11.400]  and you want $500 of my money?
[25:11.400 --> 25:17.400]  No, I'm not consenting.
[25:17.400 --> 25:22.400]  And see, the utter idiocy of this criminal complaint system they've got
[25:22.400 --> 25:25.400]  is that when they make the complaint and charge a fine,
[25:25.400 --> 25:28.400]  does the person harmed get the money?
[25:28.400 --> 25:32.400]  No, the state keeps it all.
[25:32.400 --> 25:37.400]  Exactly what kind of justice does that entail when the state makes the
[25:37.400 --> 25:42.400]  accusation and then collects the money and then keeps it
[25:42.400 --> 25:46.400]  and nothing goes to the victim?
[25:46.400 --> 25:50.400]  And they're the ones that were actually harmed.
[25:50.400 --> 25:58.400]  I've had a problem with that for a long time as the way they do things.
[25:58.400 --> 26:04.400]  Yeah, these consumer protection laws, the FDCPA and the TCPA
[26:04.400 --> 26:09.400]  and the laws that Mike Mears deals with, those are exceptions to the rule.
[26:09.400 --> 26:15.400]  The victim of the crime actually gets the fine in that situation.
[26:15.400 --> 26:21.400]  Yeah, that is the actual exception to the rules because the majority of the
[26:21.400 --> 26:29.400]  time the victim will get nothing and the state will keep it all.
[26:29.400 --> 26:37.400]  I like the idea that a penalty for a criminal act go to the aggrieved party
[26:37.400 --> 26:38.400]  and not the state.
[26:38.400 --> 26:44.400]  It eliminates motivation of the state to prosecute for profit.
[26:44.400 --> 26:46.400]  Exactly.
[26:46.400 --> 26:48.400]  That's exactly right.
[26:48.400 --> 26:49.400]  It was never intended.
[26:49.400 --> 26:53.400]  There is no court in the land that's going to ever convince me with any
[26:53.400 --> 26:56.400]  amount of argument the Founding Fathers intended for our police to be
[26:56.400 --> 26:58.400]  revenue officers.
[26:58.400 --> 27:02.400]  After fighting everything over every tax you can imagine, they're going to
[27:02.400 --> 27:04.400]  say, oh, yeah, well, it's okay.
[27:04.400 --> 27:09.400]  I don't think so.
[27:09.400 --> 27:14.400]  And any judge that wants to argue that the history shows that they would is
[27:14.400 --> 27:17.400]  out of his ever-loving judicial bench tree.
[27:17.400 --> 27:22.400]  He's an idiot.
[27:22.400 --> 27:28.400]  Well, as I think about it, in terms of being in a position to argue this
[27:28.400 --> 27:37.400]  before a jury, I think this could become a rather compelling argument against
[27:37.400 --> 27:44.400]  the penal laws being a source of income for the state.
[27:44.400 --> 27:48.400]  They charge court costs already.
[27:48.400 --> 27:58.400]  Therefore, any fine should be a penalty instead of a fine, and the penalty
[27:58.400 --> 28:01.400]  would have to have an injured party.
[28:01.400 --> 28:07.400]  Yeah, a restitution-type penalty.
[28:07.400 --> 28:14.400]  It would be a radical shift, but the more I listen to it, the more it sounds
[28:14.400 --> 28:18.400]  sellable.
[28:18.400 --> 28:21.400]  That's good, because this is something unless somebody comes up with an
[28:21.400 --> 28:24.400]  ample way to refute it, this is going in the material to take before the
[28:24.400 --> 28:26.400]  legislature.
[28:26.400 --> 28:28.400]  That's what I'm thinking.
[28:28.400 --> 28:34.400]  With the mood of the public, nobody seems to be asleep anymore.
[28:34.400 --> 28:41.400]  The public seems to be well aware that the legal system and the entire system
[28:41.400 --> 28:44.400]  is in a terrible mess.
[28:44.400 --> 28:51.400]  This may be opportunity to get some serious changes in there to return
[28:51.400 --> 28:56.400]  criminal justice to its original intent of criminal justice and not as an
[28:56.400 --> 29:07.400]  unauthorized tax against the public, which it has become.
[29:07.400 --> 29:13.400]  And take the jacks off the boots of our thugs we've got as policemen and
[29:13.400 --> 29:18.400]  return them to real policemen like they were intended to be.
[29:18.400 --> 29:20.400]  Now, Randy, I'm a bit concerned.
[29:20.400 --> 29:24.400]  It sounds like you're beginning to agree with me.
[29:24.400 --> 29:25.400]  I must be losing my touch.
[29:25.400 --> 29:28.400]  I can't keep you on pins and needles anymore.
[29:28.400 --> 29:35.400]  I'm off my game today.
[29:35.400 --> 29:39.400]  All right, folks, if y'all would like to call in 512-646-1984, we do have a
[29:39.400 --> 29:41.400]  caller on the line, Anthony from Texas.
[29:41.400 --> 29:44.400]  Would you guys like to take Anthony's call and we get back?
[29:44.400 --> 29:45.400]  Yeah, sure.
[29:45.400 --> 29:46.400]  Okay, Anthony, just stay on the line.
[29:46.400 --> 29:48.400]  We're going to go to you when we get back on the other side.
[29:48.400 --> 29:49.400]  All right.
[29:49.400 --> 30:01.400]  And callers, if you'd like to call in 512-646-1984, we will be right back.
[30:01.400 --> 30:04.400]  Top ten reasons to question the official story of the Oklahoma City bombing.
[30:04.400 --> 30:07.400]  Reason number ten, what is on the surveillance tapes?
[30:07.400 --> 30:09.400]  There were many video surveillance cameras that recorded the morning of
[30:09.400 --> 30:12.400]  the bombing, yet the few of these that have been released do not show what
[30:12.400 --> 30:14.400]  transpired with the Ryder truck at the Murrah Building.
[30:14.400 --> 30:17.400]  Most recently, the government has claimed that all of the cameras that were
[30:17.400 --> 30:20.400]  in different buildings and maintained by different businesses were all having
[30:20.400 --> 30:23.400]  their tapes changed at the exact same time, 9.02 a.m.
[30:23.400 --> 30:26.400]  This is insulting to the memory of those who perished in the bombing.
[30:26.400 --> 30:27.400]  What is being hidden from us?
[30:27.400 --> 30:31.400]  For more information, please go to okcbombingtruth.com.
[30:31.400 --> 30:34.400]  Have you ever fed your family cornflakes or sent your kid off to school with a
[30:34.400 --> 30:35.400]  juice box?
[30:35.400 --> 30:36.400]  If so, look out.
[30:36.400 --> 30:39.400]  You might be sending them off to a lifetime of health problems.
[30:39.400 --> 30:43.400]  I'm Dr. Catherine Albrecht, and I'll identify the culprit in just a moment.
[30:43.400 --> 30:47.400]  Google is watching you, recording everything you've ever searched for and
[30:47.400 --> 30:50.400]  creating a massive database of your personal information.
[30:50.400 --> 30:51.400]  That's creepy.
[30:51.400 --> 30:53.400]  But it doesn't have to be that way.
[30:53.400 --> 30:56.400]  Startpage.com is the world's most private search engine.
[30:56.400 --> 31:00.400]  Startpage.com doesn't store your IP address, make a record of your searches,
[31:00.400 --> 31:03.400]  or use tracking cookies, and they're third-party certified.
[31:03.400 --> 31:07.400]  If you don't like Big Brother spying on you, start over with Startpage.
[31:07.400 --> 31:10.400]  Great search results and total privacy.
[31:10.400 --> 31:13.400]  Startpage.com, the world's most private search engine.
[31:13.400 --> 31:17.400]  Many breakfast cereals, juice drinks, and other products contain high fructose
[31:17.400 --> 31:18.400]  corn syrup.
[31:18.400 --> 31:21.400]  Well, it's no secret that too much sugar will expand your waistline.
[31:21.400 --> 31:24.400]  When that sweetener is in the form of high fructose corn syrup,
[31:24.400 --> 31:26.400]  you put your body at risk for disease.
[31:26.400 --> 31:30.400]  We're talking high blood pressure, obesity, especially in children,
[31:30.400 --> 31:34.400]  high cholesterol, and insulin resistance that can lead to type 2 diabetes,
[31:34.400 --> 31:35.400]  and that's just part of it.
[31:35.400 --> 31:38.400]  Food manufacturers have to list their ingredients on all packaging.
[31:38.400 --> 31:41.400]  Unfortunately, many are now providing alternatives.
[31:41.400 --> 31:44.400]  So the next time you reach for the cookies, ketchup, or barbecue sauce,
[31:44.400 --> 31:45.400]  check the label.
[31:45.400 --> 31:48.400]  The life you save may be your child's.
[31:48.400 --> 31:50.400]  This is Dr. Katherine Albrecht.
[31:50.400 --> 32:00.400]  More news and information at KatherineAlbrecht.com.
[32:20.400 --> 32:47.400]  Thank you.
[32:47.400 --> 33:04.400]  Thank you.
[33:04.400 --> 33:19.400]  Thank you.
[33:19.400 --> 33:34.400]  Thank you.
[33:34.400 --> 33:49.400]  Thank you.
[33:49.400 --> 34:16.400]  Thank you.
[34:16.400 --> 34:19.400]  Okay, folks, we are back.
[34:19.400 --> 34:21.400]  We're taking your calls.
[34:21.400 --> 34:24.400]  We are going to speak with Anthony in Texas.
[34:24.400 --> 34:25.400]  Anthony, thanks for calling in.
[34:25.400 --> 34:28.400]  What's on your mind tonight?
[34:28.400 --> 34:30.400]  Hi, how are y'all doing?
[34:30.400 --> 34:31.400]  Pretty good.
[34:31.400 --> 34:33.400]  So give us the update, Anthony.
[34:33.400 --> 34:38.400]  Well, I haven't asked for my file yet because I don't want to call in.
[34:38.400 --> 34:41.400]  Because you were saying don't call in because then that helps them to get
[34:41.400 --> 34:42.400]  better prepared.
[34:42.400 --> 34:45.400]  Yeah, you just have to go down there and get a copy of the file.
[34:45.400 --> 34:48.400]  Yeah, I'm trying to get all my sister to get me that because I'm in school
[34:48.400 --> 34:49.400]  and all that stuff.
[34:49.400 --> 34:51.400]  I don't have that time for that.
[34:51.400 --> 34:55.400]  But I was asking how would I follow different motions at my arraignment or
[34:55.400 --> 34:59.400]  what motions should I follow at my arraignment?
[34:59.400 --> 35:00.400]  Because I'm not sure how to do that.
[35:00.400 --> 35:08.400]  I'm not like with who and how would you do that?
[35:08.400 --> 35:09.400]  Randy?
[35:09.400 --> 35:10.400]  Randy, are you still there?
[35:10.400 --> 35:11.400]  Wait a minute.
[35:11.400 --> 35:14.400]  This is Anthony.
[35:14.400 --> 35:15.400]  With the garage.
[35:15.400 --> 35:19.400]  I'm missing a part of the lead up.
[35:19.400 --> 35:20.400]  Okay.
[35:20.400 --> 35:24.400]  As far as he knows, this is Anthony with the situation in the garage.
[35:24.400 --> 35:25.400]  Remember, Randy?
[35:25.400 --> 35:26.400]  Yes, yes.
[35:26.400 --> 35:27.400]  Okay.
[35:27.400 --> 35:33.400]  And as far as we know, there hasn't been a case filed against him yet.
[35:33.400 --> 35:36.400]  The prosecutor is still holding on to the information.
[35:36.400 --> 35:40.400]  But he's got an arraignment coming up and they rescheduled the arraignment from
[35:40.400 --> 35:44.400]  the first time because there wasn't anything filed yet.
[35:44.400 --> 35:47.400]  And I told him that, you know, in that situation,
[35:47.400 --> 35:52.400]  he should have immediately filed a motion to dismiss.
[35:52.400 --> 35:53.400]  Okay.
[35:53.400 --> 35:56.400]  Yes, he should make special appearance, motion to dismiss,
[35:56.400 --> 35:59.400]  like a subject matter jurisdiction, illegal search and seizure,
[35:59.400 --> 36:05.400]  and arrest without warrant and probable cause.
[36:05.400 --> 36:09.400]  And I would do that at my arraignment, like the next one I have?
[36:09.400 --> 36:10.400]  Yes.
[36:10.400 --> 36:11.400]  But you do it in writing.
[36:11.400 --> 36:13.400]  You do it with written motions.
[36:13.400 --> 36:15.400]  Don't ever do it verbally.
[36:15.400 --> 36:18.400]  And how, where do I get these written motions?
[36:18.400 --> 36:20.400]  Well, you create them.
[36:20.400 --> 36:23.400]  You have to write them.
[36:23.400 --> 36:24.400]  I just write them out.
[36:24.400 --> 36:28.400]  Just write a piece of paper and just write out my motion to dismiss
[36:28.400 --> 36:33.400]  and for illegal search.
[36:33.400 --> 36:35.400]  Well, kind of.
[36:35.400 --> 36:39.400]  If you go to Randy's website, Juris Imprudens, Randy,
[36:39.400 --> 36:41.400]  you want to tell him because you'll know more about where they're
[36:41.400 --> 36:43.400]  actually located than I do.
[36:43.400 --> 36:47.400]  Yeah, and Randy, there's a lot of background noise on your end too.
[36:47.400 --> 36:51.400]  So we were having a hard time understanding Anthony just to let you know.
[36:51.400 --> 36:54.400]  Okay.
[36:54.400 --> 37:03.400]  Yes, you can go to Juris Imprudens, go to blanks or to Top Frog on the right.
[37:03.400 --> 37:11.400]  They can take you to the documents and research and look under blanks.
[37:11.400 --> 37:21.400]  But on your particular case, there are a number of documents you can file.
[37:21.400 --> 37:28.400]  What I'm thinking in particular is if you were arrested,
[37:28.400 --> 37:31.400]  you had to have had an examining trial.
[37:31.400 --> 37:35.400]  The magistrate had a duty to seal all the documents had in the hearing
[37:35.400 --> 37:37.400]  because the names were written across the seal for them
[37:37.400 --> 37:40.400]  to the clerk of the court of jurisdiction.
[37:40.400 --> 37:45.400]  Since that hasn't happened and the prosecutor has this file,
[37:45.400 --> 37:48.400]  you should file felony charges of tampering with the government document
[37:48.400 --> 37:50.400]  against the prosecuting attorney.
[37:50.400 --> 37:52.400]  Okay.
[37:52.400 --> 37:55.400]  Do you ever remember the time we made that claim in Williamson County
[37:55.400 --> 38:00.400]  and they got real excited about it?
[38:00.400 --> 38:05.400]  This thing of them bringing you to court when no one's ever filed a complaint
[38:05.400 --> 38:12.400]  against you, that complaint was commanded to be in the record of the court.
[38:12.400 --> 38:17.400]  It was commanded to be forwarded to the court by the magistrate
[38:17.400 --> 38:22.400]  who found probable cause and set bail.
[38:22.400 --> 38:26.400]  He didn't do that and that's why they can't try you
[38:26.400 --> 38:33.400]  because somebody misdirected the paperwork from the clerk of the court
[38:33.400 --> 38:36.400]  to someone else.
[38:36.400 --> 38:41.400]  Were you in Williamson County or Travis?
[38:41.400 --> 38:44.400]  No, I'm in San Patricio.
[38:44.400 --> 38:46.400]  Wait, you're in where?
[38:46.400 --> 38:48.400]  San Patricio.
[38:48.400 --> 38:49.400]  Oh, San Patricio County.
[38:49.400 --> 38:51.400]  Okay, so they're not aware about this.
[38:51.400 --> 38:54.400]  I was thinking you were at or near Austin.
[38:54.400 --> 38:58.400]  I must be mixing you up with someone else.
[38:58.400 --> 39:01.400]  They're not particularly aware of this argument.
[39:01.400 --> 39:11.400]  You might get out Texas Code of Criminal Procedure and look up 17.30.
[39:11.400 --> 39:13.400]  First look up 17.05.
[39:13.400 --> 39:17.400]  That says bail, when bail is taken.
[39:17.400 --> 39:23.400]  Bail is taken by a magistrate after an examining trial.
[39:23.400 --> 39:26.400]  That's the only time a magistrate can take bail.
[39:26.400 --> 39:29.400]  Well, in this case the magistrate took bail.
[39:29.400 --> 39:33.400]  Well, there had to be an examining trial for him to do that.
[39:33.400 --> 39:39.400]  17.30 tells the magistrate what he's required to do with the paperwork
[39:39.400 --> 39:41.400]  after the examining trial.
[39:41.400 --> 39:45.400]  He's to certify all the proceedings.
[39:45.400 --> 39:48.400]  He can't seal all papers, all documents, head in the instrument,
[39:48.400 --> 39:52.400]  cause his name to be written across the seal of the envelope
[39:52.400 --> 39:55.400]  and forward it to the clerk of the court of jurisdiction.
[39:55.400 --> 39:58.400]  Well, apparently he didn't do that.
[39:58.400 --> 40:04.400]  And because of that you're being forced to come to court repeatedly
[40:04.400 --> 40:06.400]  with no charges filed against you.
[40:06.400 --> 40:08.400]  You've been arrested, bound at your liberty,
[40:08.400 --> 40:11.400]  but nobody's ever filed a criminal complaint against you
[40:11.400 --> 40:15.400]  with the court of competent jurisdiction.
[40:15.400 --> 40:20.400]  And the reason that didn't happen is the magistrate committed a violation
[40:20.400 --> 40:25.400]  of 37.10 Texas Penal Code,
[40:25.400 --> 40:29.400]  which is called tampering with a government document.
[40:29.400 --> 40:35.400]  And the attorney, whoever has these documents,
[40:35.400 --> 40:40.400]  also violated 37.10 because he has those documents
[40:40.400 --> 40:43.400]  to the exclusion of the clerk of the court.
[40:43.400 --> 40:48.400]  37.10 says if anyone secrets a government document
[40:48.400 --> 40:54.400]  from the person or office it's directed to, that's a violation.
[40:54.400 --> 40:58.400]  That's what the magistrate did.
[40:58.400 --> 41:02.400]  He secreted them to the prosecuting attorney.
[41:02.400 --> 41:08.400]  That's also a violation of 37.10 in that the prosecuting attorney
[41:08.400 --> 41:13.400]  holds the documents to the exclusion of the clerk of the court.
[41:13.400 --> 41:18.400]  Therefore he's secreting the documents from the person or department
[41:18.400 --> 41:20.400]  they're directed to.
[41:20.400 --> 41:24.400]  I would go in with charges against both of them.
[41:24.400 --> 41:30.400]  And in the section on documents and research in the section on blanks,
[41:30.400 --> 41:39.400]  pull down the blank criminal complaint and fill it out.
[41:39.400 --> 41:44.400]  The criminal complaint is pretty self-explanatory.
[41:44.400 --> 41:51.400]  It says I, my name, have reason to believe and do believe,
[41:51.400 --> 41:55.400]  based on the following, that any state facts.
[41:55.400 --> 42:02.400]  You were arrested on a certain date, bail was set on that date,
[42:02.400 --> 42:05.400]  you were released on bail, you were ordered to court,
[42:05.400 --> 42:10.400]  and the records held by the magistrate in making the determination of bail
[42:10.400 --> 42:12.400]  were not in the possession of the court.
[42:12.400 --> 42:13.400]  Now, Randy, let me ask you something.
[42:13.400 --> 42:18.400]  Is there an age requirement to filing criminal complaints?
[42:18.400 --> 42:19.400]  Yes, there is.
[42:19.400 --> 42:20.400]  You have to be 18, right?
[42:20.400 --> 42:21.400]  I have to be 18.
[42:21.400 --> 42:23.400]  Are you 18 yet, Anthony?
[42:23.400 --> 42:25.400]  No, ma'am, I'm still 17.
[42:25.400 --> 42:27.400]  Okay, so he can't file a criminal complaint.
[42:27.400 --> 42:28.400]  That's why I asked that question.
[42:28.400 --> 42:31.400]  His parents can.
[42:31.400 --> 42:34.400]  His parents could, but what about the motions to dismiss
[42:34.400 --> 42:37.400]  and the other motions that he would file in his defense?
[42:37.400 --> 42:38.400]  He can file those.
[42:38.400 --> 42:39.400]  He's the one being prosecuted.
[42:39.400 --> 42:40.400]  He can file those.
[42:40.400 --> 42:41.400]  Right.
[42:41.400 --> 42:45.400]  Now, where would he get examples of these documents?
[42:45.400 --> 42:47.400]  Okay, let me explain motion then.
[42:47.400 --> 42:52.400]  We don't have every motion you can think of written up.
[42:52.400 --> 42:57.400]  A motion is simply a letter, like a business letter.
[42:57.400 --> 43:01.400]  A business letter has a specific form.
[43:01.400 --> 43:06.400]  A motion is similar in that it has a specific form.
[43:06.400 --> 43:09.400]  The heading on a business letter will generally have your name
[43:09.400 --> 43:15.400]  and address, the sender, and the name and address of the recipient.
[43:15.400 --> 43:18.400]  A motion has a somewhat different form, and it has the name
[43:18.400 --> 43:23.400]  of the plaintiff versus the name of the defendant.
[43:23.400 --> 43:25.400]  And it has a line, and then on the other side,
[43:25.400 --> 43:29.400]  it has the name of the court and the cause number.
[43:29.400 --> 43:37.400]  And underneath that, there's a music playing
[43:37.400 --> 43:39.400]  that tells us we're fixing to go to work.
[43:39.400 --> 43:43.400]  And when we come back from break, I'll get into more specifics
[43:43.400 --> 43:47.400]  of how to file a simple complaint.
[43:47.400 --> 43:51.400]  This is Randy Kelton, Deborah Stevens, Root of Law Radio.
[43:51.400 --> 43:53.400]  We'll be right back.
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[44:56.400 --> 45:16.400]  If you did not have any problem, where you gonna go for one.
[45:16.400 --> 45:21.400]  If you could not wait any battle, would you perhaps pass me by.
[45:21.400 --> 45:24.400]  I have to stand down and I'm a soldier, a warrior of love,
[45:24.400 --> 45:26.400]  Scaffolding the keepers' heat.
[45:26.400 --> 45:30.400]  All they're taking is a misunderstanding.
[45:30.400 --> 45:32.400]  Somebody calls the police.
[45:32.400 --> 45:56.400]  Watching the sparks fly.
[45:56.400 --> 45:58.400]  Preaching isn't addiction.
[45:58.400 --> 46:02.400]  The hard work can leave you cold as nails.
[46:02.400 --> 46:05.400]  There's a hostility towards tranquility.
[46:05.400 --> 46:08.400]  A heavy load of safe and unscathed.
[46:08.400 --> 46:11.400]  The time is colliding with the compass.
[46:11.400 --> 46:14.400]  You find out after a while.
[46:14.400 --> 46:16.400]  It's not your moral standard.
[46:16.400 --> 46:19.400]  It's your patience that's on trial.
[46:19.400 --> 46:41.400]  Watching the sparks fly.
[46:41.400 --> 46:42.400]  Okay, we're back.
[46:42.400 --> 46:45.400]  Randy Kelton, Eddie Stevens, Debra Craig.
[46:45.400 --> 46:46.400]  Wait a minute.
[46:46.400 --> 46:49.400]  You got the names wrong.
[46:49.400 --> 46:53.400]  You got the whole thing all messed up, Randy.
[46:53.400 --> 46:55.400]  Is Jerry there?
[46:55.400 --> 46:58.400]  Just say it's Eddie, Randy, and Debra.
[46:58.400 --> 46:59.400]  How about that?
[46:59.400 --> 47:02.400]  Let's keep it simple.
[47:02.400 --> 47:06.400]  Okay, actually I was kind of distracted
[47:06.400 --> 47:11.400]  because this is a hard thing to do.
[47:11.400 --> 47:16.400]  I have someone young and energetic
[47:16.400 --> 47:20.400]  and wanting to take on the system.
[47:20.400 --> 47:24.400]  And I'm running through my mind trying to figure out
[47:24.400 --> 47:27.400]  how he can do that.
[47:27.400 --> 47:32.400]  And in the end, you can't.
[47:32.400 --> 47:36.400]  I know you don't like hearing this,
[47:36.400 --> 47:39.400]  but you're out of your league.
[47:39.400 --> 47:42.400]  You're dealing with a bunch of officials
[47:42.400 --> 47:44.400]  who absolutely could care less
[47:44.400 --> 47:49.400]  about the law they claim to adjudicate.
[47:49.400 --> 47:53.400]  We get people who have a lot of knowledge and experience
[47:53.400 --> 47:57.400]  and get before these guys, and it's very difficult.
[47:57.400 --> 48:03.400]  You neither have the knowledge or experience.
[48:03.400 --> 48:07.400]  Neither do you have the, well, let's say knowledge or experience.
[48:07.400 --> 48:10.400]  You have the knowledge, and primarily you don't have
[48:10.400 --> 48:15.400]  the experience of fighting for yourself
[48:15.400 --> 48:23.400]  in a structured capacity to be able to deal with these guys.
[48:23.400 --> 48:28.400]  It's like taking a third string guard
[48:28.400 --> 48:32.400]  and putting him in front of a first string center.
[48:32.400 --> 48:34.400]  You're going to get creamed.
[48:34.400 --> 48:37.400]  Anthony, what do your parents have to say about this?
[48:37.400 --> 48:40.400]  I mean, do your folks, are they wanting to help you
[48:40.400 --> 48:42.400]  fight this thing, pro se?
[48:42.400 --> 48:43.400]  Or what's going on?
[48:43.400 --> 48:45.400]  Are they listening to this show, too?
[48:45.400 --> 48:46.400]  I mean, what's happening?
[48:46.400 --> 48:48.400]  Yeah, we're recording it, too,
[48:48.400 --> 48:51.400]  so just in case if I don't get everything down,
[48:51.400 --> 48:56.400]  we can listen back and go on from there.
[48:56.400 --> 49:00.400]  They're the ones that need to pick up this mantle.
[49:00.400 --> 49:02.400]  They're the ones that need to file
[49:02.400 --> 49:04.400]  complaints against the officials.
[49:04.400 --> 49:05.400]  Okay.
[49:05.400 --> 49:08.400]  Especially the police officers that broke into the garage
[49:08.400 --> 49:11.400]  and searched it illegally.
[49:11.400 --> 49:16.400]  Right, because it's their property.
[49:16.400 --> 49:22.400]  And in this case, they can't claim that they could put a GPS device on it
[49:22.400 --> 49:24.400]  because they could just walk up there and stick it on it.
[49:24.400 --> 49:29.400]  They had to force them with loaded weapons to open the door,
[49:29.400 --> 49:37.400]  and they can't pretend like they didn't recognize that door as a barrier.
[49:37.400 --> 49:39.400]  So in this case...
[49:39.400 --> 49:43.400]  The same could be said for their brains.
[49:43.400 --> 49:45.400]  Well, at this point, police don't care anymore.
[49:45.400 --> 49:48.400]  They have no need to.
[49:48.400 --> 49:56.400]  Law is not adjudicated when the police violate the law.
[49:56.400 --> 50:03.400]  Under, I think it's 2204 B2A,
[50:03.400 --> 50:08.400]  what they committed was first-degree felony aggravated assault,
[50:08.400 --> 50:12.400]  but never ever has that been adjudicated.
[50:12.400 --> 50:17.400]  Now, assault against a public official acting in his official capacity,
[50:17.400 --> 50:20.400]  there are thousands of those,
[50:20.400 --> 50:22.400]  but a public official committing aggravated assault
[50:22.400 --> 50:28.400]  while acting under color of his authority, never ever has anyone been prosecuted
[50:28.400 --> 50:31.400]  for that first-degree felony.
[50:31.400 --> 50:37.400]  Well, Randy, as far as the motions that Anthony would file in his own case,
[50:37.400 --> 50:41.400]  I mean, we're talking likely motion to dismiss,
[50:41.400 --> 50:44.400]  especially at the arraignment if it turns out
[50:44.400 --> 50:48.400]  that there hasn't even been a case filed against him yet, things like that.
[50:48.400 --> 50:53.400]  Are there some examples of these kinds of documents on your website?
[50:53.400 --> 50:55.400]  Or you were mentioning something on the break
[50:55.400 --> 50:58.400]  about him going ahead and getting a public defender
[50:58.400 --> 51:01.400]  and then hammering on the public defender.
[51:01.400 --> 51:04.400]  What are some good strategies here for Anthony?
[51:04.400 --> 51:06.400]  Okay.
[51:06.400 --> 51:08.400]  Before you get a...
[51:08.400 --> 51:12.400]  I suggest that you ask for court-appointed counsel,
[51:12.400 --> 51:15.400]  and then the first thing you tell court-appointed counsel,
[51:15.400 --> 51:20.400]  you make one move I don't like, and I'll file a bar grievance against you.
[51:20.400 --> 51:26.400]  Now, if they don't like me filing it because I'm 17, I get my dad to file it.
[51:26.400 --> 51:27.400]  I did this...
[51:27.400 --> 51:28.400]  How do you file one of those?
[51:28.400 --> 51:30.400]  Oh, that's a piece of cake.
[51:30.400 --> 51:36.400]  You can go right on to the Texas Bar Association website,
[51:36.400 --> 51:40.400]  pull down the form, it's easy enough to fill out,
[51:40.400 --> 51:46.400]  and just send it right back to them.
[51:46.400 --> 51:48.400]  And who do I give it to, what I give it to the...
[51:48.400 --> 51:51.400]  You file that with the Bar Association.
[51:51.400 --> 51:52.400]  Oh, okay.
[51:52.400 --> 51:54.400]  Yeah, the instructions are right there on the side.
[51:54.400 --> 51:55.400]  All right.
[51:55.400 --> 51:56.400]  And that part is easy.
[51:56.400 --> 52:01.400]  This is what I did to my attorney when I forced them to appoint me counsel
[52:01.400 --> 52:07.400]  when they arrested me at the Secretary of State's building.
[52:07.400 --> 52:10.400]  And when I let my attorney know that one move I don't like,
[52:10.400 --> 52:14.400]  and I file a bar grievance against you, it terrified him.
[52:14.400 --> 52:16.400]  Now, Randy, what about filing a motion to dismiss?
[52:16.400 --> 52:19.400]  See, what I'm thinking is that the next time he's got this arraignment,
[52:19.400 --> 52:22.400]  they're still not going to have a case filed against him.
[52:22.400 --> 52:27.400]  I mean, the court rescheduled the first arraignment because there was no case.
[52:27.400 --> 52:32.400]  Can Anthony get himself together a motion to dismiss
[52:32.400 --> 52:36.400]  so that the next time there's an arraignment,
[52:36.400 --> 52:41.400]  see, what happened was the court told him to call ahead of time
[52:41.400 --> 52:44.400]  to find out if the case had been filed against him yet.
[52:44.400 --> 52:47.400]  And so, in other words, give the court a heads up.
[52:47.400 --> 52:48.400]  So that's exactly what happened.
[52:48.400 --> 52:51.400]  And then the court said, oh, yeah, well, you know, actually,
[52:51.400 --> 52:53.400]  there's not a case filed against you yet.
[52:53.400 --> 52:55.400]  So, yeah, we're going to reschedule the arraignment.
[52:55.400 --> 52:58.400]  And so what I told Anthony next time, don't call.
[52:58.400 --> 53:01.400]  Just show up for the arraignment hearing.
[53:01.400 --> 53:05.400]  And if there's no case filed against him, then file a motion to dismiss.
[53:05.400 --> 53:07.400]  Would we at least set him up with that?
[53:07.400 --> 53:13.400]  Well, the problem is, what's there to dismiss?
[53:13.400 --> 53:14.400]  There's no case.
[53:14.400 --> 53:16.400]  Well, then why are they calling him to arraign?
[53:16.400 --> 53:21.400]  If I charge the court with malicious prosecution.
[53:21.400 --> 53:24.400]  I'm sorry, not malicious prosecution, abusive process.
[53:24.400 --> 53:27.400]  What would they be arraigning if there's no case?
[53:27.400 --> 53:33.400]  That's it, abusive process in that the court has claimed authority
[53:33.400 --> 53:36.400]  to order him to appear before that court,
[53:36.400 --> 53:40.400]  and the court has no subject matter jurisdiction.
[53:40.400 --> 53:45.400]  Because nobody's ever accused him of a crime.
[53:45.400 --> 53:56.400]  So accuse the court of abusive process that moves the court to disqualify itself.
[53:56.400 --> 54:03.400]  And get your parents to talk to us on the line.
[54:03.400 --> 54:09.400]  I plan tomorrow to do a show on due process.
[54:09.400 --> 54:12.400]  We haven't done that in a long time.
[54:12.400 --> 54:16.400]  We were going to do it last week, but Mike Mears, we had Mike Mears on.
[54:16.400 --> 54:23.400]  So this week I'd like to do the first hour and a half to two hours on due process.
[54:23.400 --> 54:29.400]  We'll walk through what the police are required to do when they do an arrest,
[54:29.400 --> 54:34.400]  what they're actually doing, what crimes they're committing when they do that.
[54:34.400 --> 54:37.400]  It would be good if your parents were there,
[54:37.400 --> 54:40.400]  and we could talk to them afterward on the air.
[54:40.400 --> 54:45.400]  And once they've been through, they kind of have an idea of where we're going,
[54:45.400 --> 54:48.400]  then we can show them how to get there.
[54:48.400 --> 54:51.400]  By there he means listening in.
[54:51.400 --> 54:56.400]  Okay.
[54:56.400 --> 54:59.400]  So how would I go and file a motion to dismiss?
[54:59.400 --> 55:02.400]  Would I write out a motion for that?
[55:02.400 --> 55:03.400]  Yes.
[55:03.400 --> 55:06.400]  Okay, like I was saying about motions, a motion's like a letter.
[55:06.400 --> 55:07.400]  Okay.
[55:07.400 --> 55:10.400]  Except it starts out generally with jurisdiction,
[55:10.400 --> 55:15.400]  unless you're already in a court case in which the court is claiming jurisdiction,
[55:15.400 --> 55:19.400]  so you don't have to say why the court has jurisdiction.
[55:19.400 --> 55:23.400]  As a matter of fact, in this one you'll say why the court does not have jurisdiction.
[55:23.400 --> 55:28.400]  You start out with a pleading as opposed to a motion.
[55:28.400 --> 55:34.400]  Yeah, just don't file one of Randy's without grammar and spell check.
[55:34.400 --> 55:41.400]  Randy, do you have something on your website, a motion to dismiss somewhere?
[55:41.400 --> 55:44.400]  I've got motions to dismiss that have been filed in other cases.
[55:44.400 --> 55:47.400]  Okay, so then he would just need to make the proper changes.
[55:47.400 --> 55:49.400]  I'm trying to think.
[55:49.400 --> 55:53.400]  I have a set of motions and I'm trying to think of where I put them.
[55:53.400 --> 55:55.400]  A rather large set of motions,
[55:55.400 --> 55:59.400]  a motion to disqualify the prosecutor, arresting officer, magistrate.
[55:59.400 --> 56:00.400]  Yeah, I found that.
[56:00.400 --> 56:01.400]  I found that.
[56:01.400 --> 56:07.400]  I wrote something down to ask you about was the motion to challenge the jurisdiction.
[56:07.400 --> 56:08.400]  Oh, right.
[56:08.400 --> 56:09.400]  Good for you.
[56:09.400 --> 56:10.400]  You've been doing your homework.
[56:10.400 --> 56:12.400]  That set of motions.
[56:12.400 --> 56:16.400]  That set of motions has worked before.
[56:16.400 --> 56:21.400]  We need to just take those motions and adjust them to fit your case.
[56:21.400 --> 56:24.400]  And I can file these motions at my arraignment or would I?
[56:24.400 --> 56:26.400]  You file them beforehand.
[56:26.400 --> 56:27.400]  Beforehand?
[56:27.400 --> 56:28.400]  Yeah, you don't have to go there.
[56:28.400 --> 56:30.400]  You can mail them.
[56:30.400 --> 56:31.400]  I can.
[56:31.400 --> 56:35.400]  Would they get to the person that's supposed to be?
[56:35.400 --> 56:37.400]  You mail them to the clerk of the court.
[56:37.400 --> 56:38.400]  Okay.
[56:38.400 --> 56:42.400]  Mail them two copies.
[56:42.400 --> 56:43.400]  Let's see.
[56:43.400 --> 56:44.400]  What are you?
[56:44.400 --> 56:48.400]  Is this a municipal court or a county court you're going into?
[56:48.400 --> 56:49.400]  County.
[56:49.400 --> 56:50.400]  Okay.
[56:50.400 --> 56:59.400]  Then two copies to the clerk and put a letter in there with a stamp
[56:59.400 --> 57:01.400]  self-addressed envelope.
[57:01.400 --> 57:05.400]  The way I do this when I go to the post office, I'll have two copies.
[57:05.400 --> 57:11.400]  I'll take one copy with a manila folder and put them together,
[57:11.400 --> 57:18.400]  have the mail, the post office weigh it and stamp it.
[57:18.400 --> 57:23.400]  It's addressed to you from the clerk.
[57:23.400 --> 57:26.400]  And then I fold the folder over the first motion,
[57:26.400 --> 57:32.400]  stick it in the second envelope with the second motion and a letter.
[57:32.400 --> 57:35.400]  I have them weigh and stamp that.
[57:35.400 --> 57:43.400]  The letter asks the clerk to stamp these motions and stamp the second set
[57:43.400 --> 57:47.400]  and return them to you in the included envelope.
[57:47.400 --> 57:49.400]  What if they don't return them?
[57:49.400 --> 57:50.400]  It doesn't matter.
[57:50.400 --> 57:51.400]  They generally will.
[57:51.400 --> 57:52.400]  This is something the clerks always do.
[57:52.400 --> 57:54.400]  They get these every day.
[57:54.400 --> 57:55.400]  Yeah, they'll return it.
[57:55.400 --> 57:56.400]  Don't worry about that.
[57:56.400 --> 57:57.400]  Yeah.
[57:57.400 --> 57:59.400]  So if you don't receive it within seven or eight days,
[57:59.400 --> 58:03.400]  then you take a set down to the court, hand it to the clerk,
[58:03.400 --> 58:06.400]  take two sets, have her stamp one, keep it, stamp the other,
[58:06.400 --> 58:08.400]  and give it back to you.
[58:08.400 --> 58:09.400]  You can do it in person,
[58:09.400 --> 58:14.400]  but it's less problematic if you do it by mail.
[58:14.400 --> 58:16.400]  And we're about to go to break.
[58:16.400 --> 58:17.400]  I'll finish this up quickly.
[58:17.400 --> 58:19.400]  Then we need to go on to other callers.
[58:19.400 --> 58:24.400]  Yeah, and we'll go over all of this in greater detail tomorrow night
[58:24.400 --> 58:27.400]  when we do our show and due process.
[58:27.400 --> 58:28.400]  Okay.
[58:28.400 --> 58:30.400]  Yes, and have your parents there tomorrow night.
[58:30.400 --> 58:31.400]  Okay.
[58:31.400 --> 58:34.400]  They will find it interesting.
[58:34.400 --> 58:36.400]  I hope.
[58:36.400 --> 58:37.400]  Okay, folks.
[58:37.400 --> 58:39.400]  Listen, we're going to break, and when we get back,
[58:39.400 --> 58:41.400]  Randy's going to finish up on this,
[58:41.400 --> 58:43.400]  and then we're going to start going to the rest of your calls
[58:43.400 --> 58:45.400]  because the call board's really stacking up now.
[58:45.400 --> 58:49.400]  We've got Melissa, Carolyn, Brian, Marshall.
[58:49.400 --> 59:02.400]  We'll be back after the top of the hour news.
[59:19.400 --> 59:44.400]  We'll be right back.
[59:44.400 --> 01:00:04.400]  This news brief brought to you by the International News Next.
[01:00:04.400 --> 01:00:06.400]  Twelve NATO soldiers were killed Tuesday
[01:00:06.400 --> 01:00:09.400]  in roadside bombings in southern and eastern Afghanistan
[01:00:09.400 --> 01:00:13.400]  while insurgent attacks elsewhere claimed eight civilian lives,
[01:00:13.400 --> 01:00:18.400]  at least five US troops were among those killed.
[01:00:18.400 --> 01:00:20.400]  Former British Prime Minister Tony Blair,
[01:00:20.400 --> 01:00:24.400]  who deployed 46,000 UK troops alongside US forces
[01:00:24.400 --> 01:00:27.400]  in the 2003 Iraq invasion, said Wednesday
[01:00:27.400 --> 01:00:30.400]  he did not regard the war as a mistake.
[01:00:30.400 --> 01:00:34.400]  Blair spoke on the publication of his memoirs, A Journey.
[01:00:34.400 --> 01:00:36.400]  Hundreds of thousands of Britons protested against the war
[01:00:36.400 --> 01:00:38.400]  in London and other cities.
[01:00:38.400 --> 01:00:42.400]  As the occupation progressed, the conflict became even more unpopular
[01:00:42.400 --> 01:00:47.400]  with Britain's openly deriding Blair.
[01:00:47.400 --> 01:00:49.400]  The World Food Programme warned Tuesday
[01:00:49.400 --> 01:00:52.400]  flood ravaged Pakistan faced a triple threat
[01:00:52.400 --> 01:00:55.400]  after the worst disaster in the country's history
[01:00:55.400 --> 01:00:59.400]  has left eight million people dependent on aid to survive.
[01:00:59.400 --> 01:01:02.400]  WFP Chief Josette Sheeran said,
[01:01:02.400 --> 01:01:05.400]  people have lost seeds, crops and their incomes,
[01:01:05.400 --> 01:01:09.400]  leaving them vulnerable to hunger, homelessness and desperation.
[01:01:09.400 --> 01:01:15.400]  The situation is extremely critical.
[01:01:15.400 --> 01:01:19.400]  In Iraq, insurgents have dismissed the US administration's announcement
[01:01:19.400 --> 01:01:22.400]  of a new dawn saying they will fight on
[01:01:22.400 --> 01:01:25.400]  until the last US soldier has left the country.
[01:01:25.400 --> 01:01:29.400]  Operation Iraqi Freedom, launched by George Bush seven years ago,
[01:01:29.400 --> 01:01:33.400]  ended Tuesday with the end of official US combat operations.
[01:01:33.400 --> 01:01:37.400]  However, Iraqi insurgent groups said it was business as usual.
[01:01:37.400 --> 01:01:40.400]  A senior official in the Iraqi Ba'ath Party,
[01:01:40.400 --> 01:01:43.400]  which remains heavily involved in the insurgency, said,
[01:01:43.400 --> 01:01:45.400]  nothing has changed at all.
[01:01:45.400 --> 01:01:48.400]  They can say combat is over, but there has been no ceasefire
[01:01:48.400 --> 01:01:51.400]  from the resistance and there will be no ceasefire
[01:01:51.400 --> 01:01:54.400]  while there is even a single American soldier in Iraq.
[01:01:54.400 --> 01:01:57.400]  He said US claims to have ceased offensive military operations
[01:01:57.400 --> 01:02:01.400]  were quote, a lie, pointing to the continued role
[01:02:01.400 --> 01:02:04.400]  of US special forces and intelligence units.
[01:02:04.400 --> 01:02:08.400]  US soldiers also continue to patrol the so-called trigger line territories,
[01:02:08.400 --> 01:02:14.400]  areas disputed between Iraqi Kurds and Arabs.
[01:02:14.400 --> 01:02:18.400]  On New York City's Wall Street, more than 100 people representing groups
[01:02:18.400 --> 01:02:21.400]  from across the country Wednesday called on unemployed people
[01:02:21.400 --> 01:02:25.400]  to join them for a march on Washington October 2nd.
[01:02:25.400 --> 01:02:29.400]  The movement One Nation Working Together is demanding jobs,
[01:02:29.400 --> 01:02:32.400]  justice and education for all Americans.
[01:02:32.400 --> 01:02:39.400]  Representatives of the NAACP, the AFL-CIO, United for Peace and Justice
[01:02:39.400 --> 01:02:43.400]  and ANSA Act Now to End War said,
[01:02:43.400 --> 01:02:47.400]  workers needed to pull together to demand jobs.
[01:02:47.400 --> 01:02:51.400]  Events are planned across the country for the rest of this week.
[01:02:51.400 --> 01:02:55.400]  For more information, visit onenationworkingtogether.org.
[01:02:55.400 --> 01:03:00.400]  This news brief brought to you by the International News Net.
[01:03:00.400 --> 01:03:06.400]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com.
[01:03:06.400 --> 01:03:10.400]  Live free speech talk radio at its best.
[01:03:10.400 --> 01:03:38.400]  Music.
[01:03:38.400 --> 01:04:05.400]  Okay, this is Randy Kelton.
[01:04:05.400 --> 01:04:12.400]  This is Randy, Eddie and Deb at the Rule of Law Radio.
[01:04:12.400 --> 01:04:19.400]  Anthony, what I'm going through is really something that takes a little more time
[01:04:19.400 --> 01:04:27.400]  than we have today to adequately address this particular issue of how to file motions.
[01:04:27.400 --> 01:04:31.400]  So tomorrow I will do, first I will do the due process
[01:04:31.400 --> 01:04:35.400]  so we'll understand what motions to file and when to file them
[01:04:35.400 --> 01:04:41.400]  and then I'll go into how to file motions and how to construct motions.
[01:04:41.400 --> 01:04:45.400]  So listen in tomorrow night and it would be nice if you had your parents there
[01:04:45.400 --> 01:04:47.400]  and they can kind of come up to speed
[01:04:47.400 --> 01:04:53.400]  because this is the motion aspect that really goes to jurisdiction area.
[01:04:53.400 --> 01:04:57.400]  So I'll handle as much of that as I can tomorrow night.
[01:04:57.400 --> 01:04:59.400]  Okay, Anthony.
[01:04:59.400 --> 01:05:00.400]  Okay.
[01:05:00.400 --> 01:05:03.400]  We'll go over all this in great detail tomorrow night.
[01:05:03.400 --> 01:05:04.400]  Okay, good deal.
[01:05:04.400 --> 01:05:06.400]  All right, we've got a lot of callers on the line.
[01:05:06.400 --> 01:05:09.400]  We want to thank everyone for being so patient.
[01:05:09.400 --> 01:05:10.400]  We've got Melissa in Texas.
[01:05:10.400 --> 01:05:11.400]  Melissa, thanks for calling in.
[01:05:11.400 --> 01:05:13.400]  What's on your mind tonight?
[01:05:13.400 --> 01:05:15.400]  Hello?
[01:05:15.400 --> 01:05:16.400]  Yes, Melissa.
[01:05:16.400 --> 01:05:18.400]  What's your question for us tonight?
[01:05:18.400 --> 01:05:25.400]  My question is about two weeks ago I received a call from a law firm here in Austin.
[01:05:25.400 --> 01:05:28.400]  It's McCrary, McCliff and something or another.
[01:05:28.400 --> 01:05:29.400]  Okay, hold on one second.
[01:05:29.400 --> 01:05:33.400]  Melissa, I don't really get a chance to screen the calls when I'm on the air for my own show.
[01:05:33.400 --> 01:05:35.400]  Are you on a speaker phone?
[01:05:35.400 --> 01:05:36.400]  Excuse me?
[01:05:36.400 --> 01:05:38.400]  Are you on a speaker phone right now?
[01:05:38.400 --> 01:05:39.400]  Yes, I am on my own.
[01:05:39.400 --> 01:05:42.400]  Okay, yeah, we ask everyone please not to use a speaker phone
[01:05:42.400 --> 01:05:46.400]  and don't use a Bluetooth either and kind of hold the mouthpiece down by your chin
[01:05:46.400 --> 01:05:48.400]  so when you breathe you won't breathe into the mic.
[01:05:48.400 --> 01:05:49.400]  Okay, good.
[01:05:49.400 --> 01:05:51.400]  Now I've just at least tried to screen all the calls.
[01:05:51.400 --> 01:05:53.400]  All right, go ahead.
[01:05:53.400 --> 01:05:55.400]  Yes, I received a phone call from this law firm
[01:05:55.400 --> 01:06:00.400]  and they said that they're trying to reach me from a different address
[01:06:00.400 --> 01:06:02.400]  that I haven't lived at for three years,
[01:06:02.400 --> 01:06:05.400]  but somehow they got my current phone number
[01:06:05.400 --> 01:06:11.400]  and that I owe $6,000 in unpaid speeding tickets from three different jurisdictions
[01:06:11.400 --> 01:06:15.400]  and so would I please take care of this on the phone?
[01:06:15.400 --> 01:06:21.400]  And I said absolutely not and yeah, I was shocked
[01:06:21.400 --> 01:06:26.400]  and so they said if I didn't then the police were going to be here the next day to arrest me
[01:06:26.400 --> 01:06:30.400]  and they haven't showed up yet, but yeah, I don't know, yeah.
[01:06:30.400 --> 01:06:33.400]  Okay, I'm very familiar with this law firm.
[01:06:33.400 --> 01:06:41.400]  They are a debt collection law firm and they falsify the information that they put out there.
[01:06:41.400 --> 01:06:45.400]  Now they're representing themselves under some capacity.
[01:06:45.400 --> 01:06:48.400]  I'm sure Randy can come up with an argument here.
[01:06:48.400 --> 01:06:52.400]  They're threatening you to extort money from you.
[01:06:52.400 --> 01:06:57.400]  Yes, I feel very much felt that way, yeah.
[01:06:57.400 --> 01:07:03.400]  So first thing is you hit them with Mike Mears' information
[01:07:03.400 --> 01:07:08.400]  because that's all these attorneys at this agency are are debt collectors.
[01:07:08.400 --> 01:07:11.400]  That's all they are and they will falsify debt.
[01:07:11.400 --> 01:07:13.400]  I've watched them do it.
[01:07:13.400 --> 01:07:15.400]  They tried to do it to me.
[01:07:15.400 --> 01:07:20.400]  If they're calling from a government agency, the Mike Mears' method doesn't apply.
[01:07:20.400 --> 01:07:21.400]  They're not a government agency.
[01:07:21.400 --> 01:07:22.400]  Okay, good.
[01:07:22.400 --> 01:07:24.400]  They're a private debt collection law firm.
[01:07:24.400 --> 01:07:28.400]  Okay, then you absolutely can use the Mike Mears' method.
[01:07:28.400 --> 01:07:32.400]  And I said that unpaid tickets are not a debt.
[01:07:32.400 --> 01:07:35.400]  I would say even paid tickets are not debt.
[01:07:35.400 --> 01:07:38.400]  I mean they're not debt.
[01:07:38.400 --> 01:07:40.400]  Is that right?
[01:07:40.400 --> 01:07:44.400]  That's not necessarily true, but it doesn't matter.
[01:07:44.400 --> 01:07:48.400]  Those aren't the issues that you deal with with debt collectors.
[01:07:48.400 --> 01:07:55.400]  The issues that you deal with with debt collectors have to do with the Fair Debt Collections Practices Act
[01:07:55.400 --> 01:07:57.400]  and the Fair Credit Reporting Act.
[01:07:57.400 --> 01:07:59.400]  You look and see if they're in your credit report.
[01:07:59.400 --> 01:08:02.400]  You send a validation letter to the debt collector.
[01:08:02.400 --> 01:08:05.400]  You send a dispute letter to the original creditor.
[01:08:05.400 --> 01:08:11.400]  You let them know that they do not have your permission to contact you about this matter over the phone.
[01:08:11.400 --> 01:08:14.400]  And then you start logging every time they call you after that.
[01:08:14.400 --> 01:08:17.400]  Every time they call you after that it's $1,000.
[01:08:17.400 --> 01:08:19.400]  This has nothing to do with the debt.
[01:08:19.400 --> 01:08:25.400]  You go after them for consumer rights, consumer protections laws violations.
[01:08:25.400 --> 01:08:26.400]  Okay.
[01:08:26.400 --> 01:08:29.400]  And so I would highly recommend that you get the Mike Mears' method.
[01:08:29.400 --> 01:08:32.400]  You can get that off of our website.
[01:08:32.400 --> 01:08:37.400]  But you never want to argue with them about the debt or whether it's real or whether it's not real or anything like that
[01:08:37.400 --> 01:08:39.400]  because that doesn't matter.
[01:08:39.400 --> 01:08:46.400]  It's strictly about debt collection and the laws that they violate when they try to collect a debt.
[01:08:46.400 --> 01:08:47.400]  Okay.
[01:08:47.400 --> 01:08:54.400]  By any chance, did the first words out of their mouth, were they, this is an attempt to collect a debt?
[01:08:54.400 --> 01:08:55.400]  Yes.
[01:08:55.400 --> 01:08:57.400]  Okay, so they did give you the name Miranda.
[01:08:57.400 --> 01:08:59.400]  That was the first words out of their mouth?
[01:08:59.400 --> 01:09:01.400]  I believe so, yes, yes.
[01:09:01.400 --> 01:09:03.400]  But something to that effect, yes.
[01:09:03.400 --> 01:09:06.400]  And I said for who, from who?
[01:09:06.400 --> 01:09:09.400]  And as far as I knew, or as far as I know, I have known.
[01:09:09.400 --> 01:09:25.400]  And yes, they said it was for unpaid tickets and white settlements, I think the Dallas and no, Hillsboro and Whitney, Texas, yes.
[01:09:25.400 --> 01:09:26.400]  Okay.
[01:09:26.400 --> 01:09:30.400]  Are you, to your knowledge, you have no tickets out of those locations?
[01:09:30.400 --> 01:09:31.400]  Oh, yes, I do.
[01:09:31.400 --> 01:09:32.400]  Oh.
[01:09:32.400 --> 01:09:33.400]  Yes, I do.
[01:09:33.400 --> 01:09:36.400]  And I, my license has been expired since 2004.
[01:09:36.400 --> 01:09:37.400]  I don't pay my tickets.
[01:09:37.400 --> 01:09:42.400]  Yes, but that doesn't matter because it has to do with the debt collections practices of these attorneys.
[01:09:42.400 --> 01:09:43.400]  Right.
[01:09:43.400 --> 01:09:51.400]  I have pled not, I mean, I haven't pled guilty to any of these things, so I just, yes, I was just, but I was shocked that, you know,
[01:09:51.400 --> 01:09:55.400]  I didn't get a warrant notice or anything like that.
[01:09:55.400 --> 01:09:58.400]  Well, they did not get a warrant notice.
[01:09:58.400 --> 01:10:05.400]  One of them was from 2003, 2005, and 2006.
[01:10:05.400 --> 01:10:06.400]  That's what she said.
[01:10:06.400 --> 01:10:14.400]  Well, they're outside the ability to collect them anyway if they've never taken a trial over them, at least as far as that goes.
[01:10:14.400 --> 01:10:23.400]  But now the thing is, if they've actually issued a warrant for you, if the courts in question have, those warrants will still be sitting out there.
[01:10:23.400 --> 01:10:27.400]  Now, they will usually not be statewide.
[01:10:27.400 --> 01:10:28.400]  Okay.
[01:10:28.400 --> 01:10:30.400]  But they'll still be sitting out there.
[01:10:30.400 --> 01:10:32.400]  I see.
[01:10:32.400 --> 01:10:39.400]  And if you ever go through that locale and get stopped again, you very well could go to jail.
[01:10:39.400 --> 01:10:47.400]  And at which point they're going to have a real problem trying to proceed, but don't bet that they won't.
[01:10:47.400 --> 01:10:50.400]  Why would they have a problem trying to proceed?
[01:10:50.400 --> 01:10:52.400]  Because of the statute of limitations.
[01:10:52.400 --> 01:10:55.400]  If a complaint was never actually filed, they've blown it already.
[01:10:55.400 --> 01:10:58.400]  They have to file the complaint within two years.
[01:10:58.400 --> 01:11:00.400]  Oh.
[01:11:00.400 --> 01:11:08.400]  If the police officer never swore out a complaint, then there will not be an arrest warrant, or at least there shouldn't be,
[01:11:08.400 --> 01:11:14.400]  unless the magistrate based it strictly on the citation and then their butt's in a ringer.
[01:11:14.400 --> 01:11:17.400]  Oh, I did not know that.
[01:11:17.400 --> 01:11:21.400]  I thought that there was not a statute of limitations on people.
[01:11:21.400 --> 01:11:26.400]  Yeah, there's a two-year statute of limitations on their ability to try the case.
[01:11:26.400 --> 01:11:28.400]  I see.
[01:11:28.400 --> 01:11:30.400]  Okay.
[01:11:30.400 --> 01:11:31.400]  All right.
[01:11:31.400 --> 01:11:39.400]  Also, I wanted to add, in 2007, I was watching the news in McClinton County,
[01:11:39.400 --> 01:11:48.400]  and it said that they were dismissing 12,500 Class A and Class B misdemeanor cases that occurred between 2009 and 2006
[01:11:48.400 --> 01:11:53.400]  because they had a backlog and they just didn't want to enter them into the records.
[01:11:53.400 --> 01:11:54.400]  And so guess what?
[01:11:54.400 --> 01:11:57.400]  Those people are freebie, 12,500.
[01:11:57.400 --> 01:12:00.400]  And you know what Class A and Class B misdemeanors are?
[01:12:00.400 --> 01:12:04.400]  But anyone who had a Class C misdemeanor was not going to be so lucky.
[01:12:04.400 --> 01:12:06.400]  I just thought that was interesting.
[01:12:06.400 --> 01:12:07.400]  It made me mad.
[01:12:07.400 --> 01:12:09.400]  It made me very angry.
[01:12:09.400 --> 01:12:12.400]  Class what was not going to be so lucky?
[01:12:12.400 --> 01:12:13.400]  Class C.
[01:12:13.400 --> 01:12:14.400]  Well, yeah.
[01:12:14.400 --> 01:12:16.400]  A and B doesn't generate revenue.
[01:12:16.400 --> 01:12:18.400]  Class C does.
[01:12:18.400 --> 01:12:19.400]  Right, but that was on the news.
[01:12:19.400 --> 01:12:23.400]  And then a year later, they have billboards up everywhere saying you've been warned,
[01:12:23.400 --> 01:12:29.400]  there's no place to hide, turn yourself in, or we're coming to get you.
[01:12:29.400 --> 01:12:36.400]  Class C misdemeanor, you understand the reason for that is a Class C misdemeanor is handled in a different court.
[01:12:36.400 --> 01:12:44.400]  This was the county court that was dismissing all these cases, not the municipal or justice court.
[01:12:44.400 --> 01:12:51.400]  But the report was with the Class C misdemeanor because there was too much revenue that had not been collected.
[01:12:51.400 --> 01:12:53.400]  So those people would not be so lucky.
[01:12:53.400 --> 01:12:55.400]  That's how the news story went.
[01:12:55.400 --> 01:13:04.400]  And that's kind of in your face saying basically criminals go free, but we're going after everyone's money.
[01:13:04.400 --> 01:13:05.400]  You know, I don't know.
[01:13:05.400 --> 01:13:09.400]  It made me lose faith in the justice system completely.
[01:13:09.400 --> 01:13:11.400]  Oh, you had some.
[01:13:11.400 --> 01:13:13.400]  I do have some, yes.
[01:13:13.400 --> 01:13:16.400]  And I continue to listen to your show for some reason.
[01:13:16.400 --> 01:13:18.400]  I don't know why.
[01:13:18.400 --> 01:13:22.400]  But yeah, I just thought that was interesting.
[01:13:22.400 --> 01:13:25.400]  It just made me, I was seething.
[01:13:25.400 --> 01:13:28.400]  I'm still angry about that.
[01:13:28.400 --> 01:13:33.400]  But yeah, because it's just such a money grab.
[01:13:33.400 --> 01:13:38.400]  I get pulled over for no tail light or my headlights out, and my license is expired,
[01:13:38.400 --> 01:13:46.400]  and then I get three tickets for that and driving on an invalid license and the speeding or whatever it is.
[01:13:46.400 --> 01:13:53.400]  You've been listening to us how long, and you still say you're driving on an invalid license?
[01:13:53.400 --> 01:14:00.400]  Well, well, I haven't had it validated, so I guess, I don't know.
[01:14:00.400 --> 01:14:02.400]  I guess I don't care.
[01:14:02.400 --> 01:14:03.400]  I don't know.
[01:14:03.400 --> 01:14:05.400]  What am I supposed to say?
[01:14:05.400 --> 01:14:10.400]  Well, the only thing you need to remember is you are living kind of dangerous, okay?
[01:14:10.400 --> 01:14:14.400]  The last thing in the world you want to be doing is passing through some locale
[01:14:14.400 --> 01:14:19.400]  and getting arrested 250 miles from home on an old outstanding warrant,
[01:14:19.400 --> 01:14:27.400]  because then they're going to ensure you return by charging you double the amount of money.
[01:14:27.400 --> 01:14:30.400]  Yes, that has happened.
[01:14:30.400 --> 01:14:33.400]  Yes, I have experienced that.
[01:14:33.400 --> 01:14:36.400]  So just FYI.
[01:14:36.400 --> 01:14:38.400]  Yes, I understand that.
[01:14:38.400 --> 01:14:39.400]  It's a big problem.
[01:14:39.400 --> 01:14:47.400]  I'm slowly going about getting them taken care of a month at a time, and that's what I do.
[01:14:47.400 --> 01:14:55.400]  But I had not gone through this with this particular law firm before and the way that they went about it,
[01:14:55.400 --> 01:15:01.400]  so I will look into the Mr. Mears method.
[01:15:01.400 --> 01:15:03.400]  Absolutely.
[01:15:03.400 --> 01:15:07.400]  This particular firm is absolutely a bunch of crooks.
[01:15:07.400 --> 01:15:09.400]  Okay, well, they sound like crooks on the phone.
[01:15:09.400 --> 01:15:11.400]  Well, thank you.
[01:15:11.400 --> 01:15:12.400]  All right, thanks, Melissa.
[01:15:12.400 --> 01:15:13.400]  All right, bye-bye.
[01:15:13.400 --> 01:15:14.400]  Bye-bye.
[01:15:14.400 --> 01:15:21.400]  All right, and at this point in time, I'm going to take the opportunity to start plugging some of our sponsors.
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[01:16:46.400 --> 01:16:51.400]  Tomorrow, Carolyn in Texas, Brian from Minnesota, Marshall from Oregon, and more.
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[01:19:18.400 --> 01:19:24.400]  Okay, we are continuing on to your calls.
[01:19:24.400 --> 01:19:27.400]  And Randy, do you have the caller page up?
[01:19:27.400 --> 01:19:30.400]  My caller page has frozen temporarily.
[01:19:30.400 --> 01:19:32.400]  Mine's frozen as well.
[01:19:32.400 --> 01:19:35.400]  I was just trying to refresh and get it to come up.
[01:19:35.400 --> 01:19:36.400]  Okay.
[01:19:36.400 --> 01:19:38.400]  Eddie, do you have the caller page up?
[01:19:38.400 --> 01:19:40.400]  No, I don't.
[01:19:40.400 --> 01:19:41.400]  You want me to get it up?
[01:19:41.400 --> 01:19:44.400]  Yes, if you could, please.
[01:19:44.400 --> 01:19:53.400]  All right, folks, if you just hang on one moment so that we can get your calls up.
[01:19:53.400 --> 01:20:04.400]  We seem to have a minor Internet issue here because mine clicks out on a regular basis.
[01:20:04.400 --> 01:20:06.400]  We need to get more bandwidth here, folks.
[01:20:06.400 --> 01:20:08.400]  That's some upgrades that we need to make.
[01:20:08.400 --> 01:20:13.400]  So, again, we rely on your donations and your support.
[01:20:13.400 --> 01:20:19.400]  Yes, and above all, think Randy's Beer Fund.
[01:20:19.400 --> 01:20:21.400]  Randy's Forever Beer Fund.
[01:20:21.400 --> 01:20:25.400]  It's got $1.10 in it.
[01:20:25.400 --> 01:20:28.400]  Somebody gave me a dollar.
[01:20:28.400 --> 01:20:30.400]  I'm going to frame it.
[01:20:30.400 --> 01:20:32.400]  Okay, we're going now to Carolyn in Texas.
[01:20:32.400 --> 01:20:33.400]  Carolyn, thanks for calling in.
[01:20:33.400 --> 01:20:35.400]  What's on your mind tonight?
[01:20:35.400 --> 01:20:36.400]  Hi, can you hear me?
[01:20:36.400 --> 01:20:38.400]  Yes.
[01:20:38.400 --> 01:20:40.400]  Randy, you know who I am, obviously.
[01:20:40.400 --> 01:20:42.400]  I have a quick question for you.
[01:20:42.400 --> 01:20:50.400]  When I answered that joint discovery case management in my lawsuit rule 26F,
[01:20:50.400 --> 01:20:56.400]  the other side filed their answers and they are pressuring me to sign theirs
[01:20:56.400 --> 01:20:58.400]  because it's a joint discovery.
[01:20:58.400 --> 01:21:02.400]  And I told them I wasn't comfortable doing that and I had several issues with their answers.
[01:21:02.400 --> 01:21:07.400]  Okay, what we're talking about here is when you file a federal lawsuit,
[01:21:07.400 --> 01:21:13.400]  one of the first things the courts want you to do is confer with the other side
[01:21:13.400 --> 01:21:17.400]  and come up with a case management plan.
[01:21:17.400 --> 01:21:23.400]  How long do you want to take to name interested parties?
[01:21:23.400 --> 01:21:27.400]  A lot of times when you file a suit, you don't know who all the interested parties are.
[01:21:27.400 --> 01:21:28.400]  Right.
[01:21:28.400 --> 01:21:31.400]  And how long do you think it will take for discovery?
[01:21:31.400 --> 01:21:34.400]  There's a number of issues.
[01:21:34.400 --> 01:21:41.400]  And generally, in your case, have you looked at the case management plan
[01:21:41.400 --> 01:21:46.400]  the other side sent you?
[01:21:46.400 --> 01:21:50.400]  I don't think I got it.
[01:21:50.400 --> 01:21:56.400]  It's kind of hard for them to ask you to sign something that you haven't seen.
[01:21:56.400 --> 01:22:00.400]  Oh, yeah, I've got theirs right here in front of me and I've got mine
[01:22:00.400 --> 01:22:03.400]  and I've got some real issues with some of their answers.
[01:22:03.400 --> 01:22:06.400]  Okay, just let them know what the issues you have is.
[01:22:06.400 --> 01:22:12.400]  You know, this was a conference you were supposed to have at least 21 days
[01:22:12.400 --> 01:22:18.400]  before the case management hearing to kind of iron these out.
[01:22:18.400 --> 01:22:28.400]  Generally, the attorneys that operate in a venue will be aware of what the venue requires,
[01:22:28.400 --> 01:22:31.400]  what the courts want to see.
[01:22:31.400 --> 01:22:36.400]  So I would very much like to see that document so we can see how the courts...
[01:22:36.400 --> 01:22:38.400]  When did you sign your e-mail?
[01:22:38.400 --> 01:22:40.400]  I sent it to you.
[01:22:40.400 --> 01:22:45.400]  Well, I get probably $500 a day, so I probably didn't get to it yet.
[01:22:45.400 --> 01:22:47.400]  But I will look at that.
[01:22:47.400 --> 01:22:54.400]  And if it's not unreasonable, it's really just...this is nothing here is carved in stone.
[01:22:54.400 --> 01:22:56.400]  There's no time restraints on it.
[01:22:56.400 --> 01:22:57.400]  They're unreasonable.
[01:22:57.400 --> 01:23:01.400]  Like I've got to have interrogeries or whatever answered by, you know,
[01:23:01.400 --> 01:23:06.400]  done by September 31st or something, whatever ungodly day.
[01:23:06.400 --> 01:23:09.400]  Oh, that's easy.
[01:23:09.400 --> 01:23:13.400]  They do that because they don't have a problem.
[01:23:13.400 --> 01:23:14.400]  You send them interrogatories.
[01:23:14.400 --> 01:23:16.400]  They'll say deny, deny, deny, deny, deny.
[01:23:16.400 --> 01:23:18.400]  They can do that in about five minutes.
[01:23:18.400 --> 01:23:21.400]  They've already done that on their answer.
[01:23:21.400 --> 01:23:23.400]  So, you know, the answer is not interrogatory.
[01:23:23.400 --> 01:23:24.400]  You can't...
[01:23:24.400 --> 01:23:25.400]  No.
[01:23:25.400 --> 01:23:26.400]  Okay.
[01:23:26.400 --> 01:23:27.400]  Just be careful juxtaposing.
[01:23:27.400 --> 01:23:29.400]  And they just deny everything.
[01:23:29.400 --> 01:23:30.400]  Okay.
[01:23:30.400 --> 01:23:31.400]  That's standard procedure.
[01:23:31.400 --> 01:23:32.400]  Okay.
[01:23:32.400 --> 01:23:34.400]  So they'll send you interrogatories.
[01:23:34.400 --> 01:23:37.400]  Interrogatories are just questions they're asking.
[01:23:37.400 --> 01:23:45.400]  And excuse me, and you'll object to every one of them.
[01:23:45.400 --> 01:23:46.400]  Okay.
[01:23:46.400 --> 01:23:50.400]  And they'll send you stuff and you object to theirs.
[01:23:50.400 --> 01:23:51.400]  You'll send them stuff.
[01:23:51.400 --> 01:23:52.400]  They'll object to yours.
[01:23:52.400 --> 01:23:56.400]  And then you have to go to court and get them to compel.
[01:23:56.400 --> 01:23:58.400]  So that won't be difficult.
[01:23:58.400 --> 01:23:59.400]  One other thing.
[01:23:59.400 --> 01:24:04.400]  I have turned up some information on, I don't know if I'm pronouncing it right,
[01:24:04.400 --> 01:24:07.400]  MERS, M-E-R-S, MERS.
[01:24:07.400 --> 01:24:08.400]  MERS.
[01:24:08.400 --> 01:24:09.400]  MERS.
[01:24:09.400 --> 01:24:10.400]  Yeah.
[01:24:10.400 --> 01:24:14.400]  And I think they should be somehow or other brought into this suit because my note was
[01:24:14.400 --> 01:24:16.400]  obviously assigned to them.
[01:24:16.400 --> 01:24:19.400]  And there's a bunch of law cases that relate to them.
[01:24:19.400 --> 01:24:20.400]  Yes.
[01:24:20.400 --> 01:24:21.400]  We're well aware of those.
[01:24:21.400 --> 01:24:23.400]  Well, I didn't put them in any of my papers.
[01:24:23.400 --> 01:24:26.400]  Of course you didn't put them in any of yours because we didn't get to those yet.
[01:24:26.400 --> 01:24:27.400]  Right.
[01:24:27.400 --> 01:24:29.400]  We asked for the Rule 12.
[01:24:29.400 --> 01:24:34.400]  And once we have the Rule 12, we tried to draw the Rule 12 motion.
[01:24:34.400 --> 01:24:35.400]  Uh-huh.
[01:24:35.400 --> 01:24:39.400]  Did we get a motion in your case to dismiss for failure to state a claim of which recovery
[01:24:39.400 --> 01:24:42.400]  could be had?
[01:24:42.400 --> 01:24:44.400]  No.
[01:24:44.400 --> 01:24:45.400]  Darn.
[01:24:45.400 --> 01:24:46.400]  We're supposed to get that one.
[01:24:46.400 --> 01:24:47.400]  Okay.
[01:24:47.400 --> 01:24:48.400]  No.
[01:24:48.400 --> 01:24:55.400]  Then in that case, we will at one point file an amended pleading.
[01:24:55.400 --> 01:24:56.400]  Okay.
[01:24:56.400 --> 01:25:01.400]  And in the amended pleading, we raise all the issues we didn't raise in the first one.
[01:25:01.400 --> 01:25:02.400]  Okay.
[01:25:02.400 --> 01:25:04.400]  Don't you think that MERS thing is real important?
[01:25:04.400 --> 01:25:05.400]  Yes.
[01:25:05.400 --> 01:25:08.400]  I think the MERS thing is real important, but this is the wrong show to go into all of
[01:25:08.400 --> 01:25:09.400]  the...
[01:25:09.400 --> 01:25:10.400]  Okay.
[01:25:10.400 --> 01:25:11.400]  That's all right.
[01:25:11.400 --> 01:25:12.400]  I just wanted you to know I became aware of it.
[01:25:12.400 --> 01:25:13.400]  Yeah.
[01:25:13.400 --> 01:25:14.400]  We were very well aware of MERS.
[01:25:14.400 --> 01:25:20.400]  MERS is getting...if anybody has a mortgage out there and the lender has filed it with
[01:25:20.400 --> 01:25:23.400]  Mortgage Electronic Registration Service.
[01:25:23.400 --> 01:25:24.400]  Yep.
[01:25:24.400 --> 01:25:27.400]  Good chance you can get your mortgage trashed.
[01:25:27.400 --> 01:25:31.400]  Well, that's what they did, and I have the document.
[01:25:31.400 --> 01:25:32.400]  Yes.
[01:25:32.400 --> 01:25:33.400]  We're aware of that.
[01:25:33.400 --> 01:25:38.400]  We're very well aware of MERS, and there are a lot of other issues that were mentioned
[01:25:38.400 --> 01:25:48.400]  in the lawsuit but weren't made as...they were made as notice pleadings rather than a
[01:25:48.400 --> 01:25:50.400]  completely adjudicated pleading.
[01:25:50.400 --> 01:25:55.400]  And we plan to do that in the amended pleading.
[01:25:55.400 --> 01:26:00.400]  We give them all the details we didn't in the first one, but it's a little too...this
[01:26:00.400 --> 01:26:04.400]  is the wrong thing to go in here because I have to explain to everybody the strategy
[01:26:04.400 --> 01:26:05.400]  behind that.
[01:26:05.400 --> 01:26:06.400]  Okay.
[01:26:06.400 --> 01:26:10.400]  I just wanted you to know I found the document where they did that, where they assigned my
[01:26:10.400 --> 01:26:11.400]  notes.
[01:26:11.400 --> 01:26:12.400]  Oh, okay.
[01:26:12.400 --> 01:26:13.400]  Wonderful.
[01:26:13.400 --> 01:26:14.400]  Good.
[01:26:14.400 --> 01:26:17.400]  And then I have a hearing, joint hearing in front of the judge.
[01:26:17.400 --> 01:26:18.400]  Okay.
[01:26:18.400 --> 01:26:19.400]  Wait.
[01:26:19.400 --> 01:26:20.400]  Carolyn, wait a minute.
[01:26:20.400 --> 01:26:21.400]  These aren't questions.
[01:26:21.400 --> 01:26:22.400]  Let's do this off the air.
[01:26:22.400 --> 01:26:23.400]  Okay.
[01:26:23.400 --> 01:26:24.400]  Call me then.
[01:26:24.400 --> 01:26:25.400]  Okay.
[01:26:25.400 --> 01:26:26.400]  I'll try to reach you.
[01:26:26.400 --> 01:26:27.400]  Okay.
[01:26:27.400 --> 01:26:28.400]  Okay, yeah.
[01:26:28.400 --> 01:26:31.400]  Just so folks know, this is not Randy's personal phone number.
[01:26:31.400 --> 01:26:32.400]  This is a radio show.
[01:26:32.400 --> 01:26:36.400]  This is the rule of law radio show on the rule of law radio network.
[01:26:36.400 --> 01:26:39.400]  We're going out on about 20 a.m. and FM stations.
[01:26:39.400 --> 01:26:42.400]  So apparently over the last couple of months, I don't know what's been going on, but there's
[01:26:42.400 --> 01:26:43.400]  been a lot of confusion lately.
[01:26:43.400 --> 01:26:47.400]  People have been calling this number thinking that it's Randy's cell phone or something.
[01:26:47.400 --> 01:26:51.400]  So, Randy, I don't know what's happening if you're giving out the wrong number or what.
[01:26:51.400 --> 01:26:53.400]  No, I'm calling the right numbers.
[01:26:53.400 --> 01:26:54.400]  Okay.
[01:26:54.400 --> 01:26:55.400]  All right.
[01:26:55.400 --> 01:26:56.400]  Very good.
[01:26:56.400 --> 01:26:59.400]  Just to let folks know, this is the rule of law radio network show.
[01:26:59.400 --> 01:27:00.400]  So, all right.
[01:27:00.400 --> 01:27:01.400]  Thank you very much.
[01:27:01.400 --> 01:27:05.400]  We are going to go now to Brian from Minnesota.
[01:27:05.400 --> 01:27:07.400]  Brian, thanks for calling in.
[01:27:07.400 --> 01:27:09.400]  What's on your mind tonight?
[01:27:09.400 --> 01:27:10.400]  Hello, Deborah.
[01:27:10.400 --> 01:27:14.400]  Randy and Eddie, I was just, I'm calling back.
[01:27:14.400 --> 01:27:20.400]  I suppose I'm getting, I just purchased jurisdiction today, so I got that on the way.
[01:27:20.400 --> 01:27:25.400]  I'm kind of excited to do that and learn some more processes and things.
[01:27:25.400 --> 01:27:31.400]  I don't know if you're familiar with my, what I was talking about before or not, but I'm
[01:27:31.400 --> 01:27:34.400]  dealing with an illegal search and seizure case.
[01:27:34.400 --> 01:27:40.400]  I suppose as far as questions tonight, I have two things I was kind of looking for strategy
[01:27:40.400 --> 01:27:41.400]  for.
[01:27:41.400 --> 01:27:46.400]  One might be strategy on just an illegal search and seizure case.
[01:27:46.400 --> 01:27:49.400]  And then also, I'm kind of curious about what's a good strategy.
[01:27:49.400 --> 01:27:56.400]  I've heard you talk a lot about Miranda, the Miranda v. the United States court case a
[01:27:56.400 --> 01:27:57.400]  lot.
[01:27:57.400 --> 01:28:01.400]  I was wondering what's probably the best way or strategy to handle that in court, too,
[01:28:01.400 --> 01:28:03.400]  because I would imagine that's what they're going to use.
[01:28:03.400 --> 01:28:04.400]  Okay.
[01:28:04.400 --> 01:28:05.400]  Wait a minute.
[01:28:05.400 --> 01:28:06.400]  Wait a minute.
[01:28:06.400 --> 01:28:10.400]  We have no idea what you're talking about.
[01:28:10.400 --> 01:28:11.400]  Miranda?
[01:28:11.400 --> 01:28:14.400]  In what context Miranda?
[01:28:14.400 --> 01:28:19.400]  Isn't there a court case, isn't that the court case, referring to like anything you
[01:28:19.400 --> 01:28:22.400]  say can and will be used against you in a court of law?
[01:28:22.400 --> 01:28:23.400]  Yes, it is.
[01:28:23.400 --> 01:28:30.400]  But Miranda only is effective if they questioned you without giving, reading you your rights
[01:28:30.400 --> 01:28:36.400]  and then attempt to bring the information they secured based on that questioning into
[01:28:36.400 --> 01:28:38.400]  court to use against you.
[01:28:38.400 --> 01:28:44.400]  If they question you without reading you your rights, but don't develop any information
[01:28:44.400 --> 01:28:49.400]  they subsequently try to bring into court, then Miranda doesn't matter.
[01:28:49.400 --> 01:28:50.400]  Okay.
[01:28:50.400 --> 01:28:52.400]  Well, he questioned me.
[01:28:52.400 --> 01:28:57.400]  His whole reason, I suppose my angle with this is going to be he just kept saying I
[01:28:57.400 --> 01:29:02.400]  was acting suspicious, and that was his reason for searching for his, his reason for his
[01:29:02.400 --> 01:29:05.400]  search was that I was being suspicious.
[01:29:05.400 --> 01:29:09.400]  And then he was drawing a lot of conclusions like he said my hands were dirty and cuts
[01:29:09.400 --> 01:29:14.400]  in my hands without any supporting evidence saying that that was the thing was I just
[01:29:14.400 --> 01:29:16.400]  got done helping out.
[01:29:16.400 --> 01:29:18.400]  Somebody was having trouble with a car on the side of the road.
[01:29:18.400 --> 01:29:19.400]  Wait a minute.
[01:29:19.400 --> 01:29:24.400]  What crime did he think you committed that you had dirty cut hands for?
[01:29:24.400 --> 01:29:29.400]  He like and that's one of the charges I want to bring against him is coercion because he
[01:29:29.400 --> 01:29:32.400]  said he's like when he started questioning me.
[01:29:32.400 --> 01:29:33.400]  Okay, wait, we're about to.
[01:29:33.400 --> 01:29:38.400]  He thought that he thought that Brian had stolen a car because his fingernails were
[01:29:38.400 --> 01:29:40.400]  dirty is ridiculous.
[01:29:40.400 --> 01:29:41.400]  Yeah.
[01:29:41.400 --> 01:29:42.400]  Okay.
[01:29:42.400 --> 01:29:43.400]  Okay.
[01:29:43.400 --> 01:29:44.400]  Let's go back to this on the other side.
[01:29:44.400 --> 01:29:45.400]  Okay.
[01:29:45.400 --> 01:29:51.400]  This is Randy Deborah Eddie rule of law radio.
[01:29:51.400 --> 01:29:54.400]  We'll be right back.
[01:29:54.400 --> 01:30:00.400]  It's a crime to have dirty fingernails now.
[01:30:00.400 --> 01:30:04.400]  Christ fed the multitude with only one loaf of bread.
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[01:30:14.400 --> 01:30:20.400]  Jerk chicken, vegetarian restaurant Monday through Wednesday, lunch and dinner, $5.00.
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[01:30:29.400 --> 01:30:35.400]  Have you ever fed your family cornflakes or sent your kid off to school with a juice box?
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[01:30:36.400 --> 01:30:39.400]  You might be sending them off to a lifetime of health problems.
[01:30:39.400 --> 01:30:43.400]  I'm Dr. Catherine Albrecht and I'll identify the culprit in just a moment.
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[01:31:18.400 --> 01:31:21.400]  Well, it's no secret that too much sugar will expand your waistline.
[01:31:21.400 --> 01:31:25.400]  When that sweetener is in the form of high fructose corn syrup, you put your body at risk
[01:31:25.400 --> 01:31:26.400]  for disease.
[01:31:26.400 --> 01:31:31.400]  We're talking high blood pressure, obesity, especially in children, high cholesterol and
[01:31:31.400 --> 01:31:35.400]  insulin resistance that can lead to type 2 diabetes and that's just part of it.
[01:31:35.400 --> 01:31:39.400]  Food manufacturers have to list their ingredients on all packaging and fortunately many are
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[01:31:41.400 --> 01:31:45.400]  So the next time you reach for the cookies, ketchup or barbecue sauce, check the label.
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[01:31:48.400 --> 01:31:49.400]  This is Dr. Catherine Albrecht.
[01:31:49.400 --> 01:32:02.400]  More news and information at CatherineAlbrecht.com.
[01:32:02.400 --> 01:32:30.400]  Thank you very much.
[01:32:32.400 --> 01:32:59.400]  Okay, folks, we are back.
[01:32:59.400 --> 01:33:05.400]  We're speaking with Brian in Minnesota.
[01:33:05.400 --> 01:33:08.400]  Okay, go ahead, Brian.
[01:33:08.400 --> 01:33:09.400]  Yeah.
[01:33:09.400 --> 01:33:16.400]  So I guess that's the real issue with the case was when they started, you know, I wanted
[01:33:16.400 --> 01:33:23.400]  to file, since I had last talked to you, I went and I kind of had drawn up some, I drew
[01:33:23.400 --> 01:33:29.400]  up the criminal complaint and then also I went and filed the motion that Randy had suggested
[01:33:29.400 --> 01:33:32.400]  was a motion withdrawal to get it out of conciliation court.
[01:33:32.400 --> 01:33:39.400]  So my next, I suppose, questions in the matter I have now are concerning, like, and I suppose
[01:33:39.400 --> 01:33:44.400]  jurisdiction, jurisdiction answer lots of this for me, but what would be next as far
[01:33:44.400 --> 01:33:46.400]  as the criminal charges go?
[01:33:46.400 --> 01:33:50.400]  I'm supposed to bring, Randy said last time I need to bring up the criminal charges.
[01:33:50.400 --> 01:33:56.400]  I'm supposed to bring, Randy said last time I need to bring those to the DA, and I think
[01:33:56.400 --> 01:33:57.400]  I'm prepared to do that.
[01:33:57.400 --> 01:34:01.400]  My only question on the criminal complaint is they had what I'm not supposed to fill
[01:34:01.400 --> 01:34:02.400]  out.
[01:34:02.400 --> 01:34:05.400]  I used the state download form and they have a lot of stuff in here.
[01:34:05.400 --> 01:34:06.400]  I know I'm not supposed to use that.
[01:34:06.400 --> 01:34:10.400]  I kind of copied off that so I don't put all the, I put the criminal charges on separate
[01:34:10.400 --> 01:34:16.400]  forms and then also, but they have stuff in the, they have extra sheets here that, you
[01:34:16.400 --> 01:34:22.400]  know, say, do I issue a warrant or a summons and things like, things of that nature.
[01:34:22.400 --> 01:34:25.400]  I don't know if I need to fill that out or not.
[01:34:25.400 --> 01:34:27.400]  Well, you don't issue the warrant or the summons.
[01:34:27.400 --> 01:34:28.400]  The court would do that.
[01:34:28.400 --> 01:34:30.400]  Right.
[01:34:30.400 --> 01:34:31.400]  Okay.
[01:34:31.400 --> 01:34:36.400]  So I just have, it just has to be filled out with a statement of probable cause and then
[01:34:36.400 --> 01:34:37.400]  down, right?
[01:34:37.400 --> 01:34:42.400]  Yes, and take it to a notary and sign it before a notary.
[01:34:42.400 --> 01:34:43.400]  Okay.
[01:34:43.400 --> 01:34:47.400]  And then when the prosecutor refuses to act on it, then you make up complaints against
[01:34:47.400 --> 01:34:50.400]  the prosecutor.
[01:34:50.400 --> 01:34:55.400]  So I want to take this to the city attorney, which who is in charge of prosecuting the
[01:34:55.400 --> 01:34:56.400]  case as of now?
[01:34:56.400 --> 01:34:57.400]  No, no.
[01:34:57.400 --> 01:34:59.400]  I would take it to the district attorney.
[01:34:59.400 --> 01:35:00.400]  Oh, okay.
[01:35:00.400 --> 01:35:01.400]  The district attorney.
[01:35:01.400 --> 01:35:04.400]  And then when the district attorney refuses to act, which he absolutely most certainly
[01:35:04.400 --> 01:35:10.400]  will, then you take it to a district judge.
[01:35:10.400 --> 01:35:11.400]  Okay.
[01:35:11.400 --> 01:35:15.400]  So he'll refuse to act, then you take it to the grand jury, and that's what will start
[01:35:15.400 --> 01:35:18.400]  putting pressure back on these guys.
[01:35:18.400 --> 01:35:25.400]  It asks for the defendant's address and then his city and age and all kinds of stuff.
[01:35:25.400 --> 01:35:26.400]  Do I have to get that information?
[01:35:26.400 --> 01:35:27.400]  No.
[01:35:27.400 --> 01:35:29.400]  You just put the officer's name.
[01:35:29.400 --> 01:35:32.400]  If you have his badge number, then that's sufficient.
[01:35:32.400 --> 01:35:33.400]  Okay.
[01:35:33.400 --> 01:35:39.400]  Well, I guess concerning Miranda again, one of the things that never happened, it says
[01:35:39.400 --> 01:35:44.400]  here in the report that they handcuffed me and put me in the car for everyone's safety
[01:35:44.400 --> 01:35:45.400]  or whatever.
[01:35:45.400 --> 01:35:50.400]  But the thing is, I started asking the officer, I said, what narcotics?
[01:35:50.400 --> 01:35:52.400]  What proof of narcotics do you have on me?
[01:35:52.400 --> 01:35:53.400]  And he says, shut up.
[01:35:53.400 --> 01:35:54.400]  I'm not answering anything.
[01:35:54.400 --> 01:35:55.400]  I haven't Mirandized you yet.
[01:35:55.400 --> 01:35:59.400]  Now, through this whole 45-minute ordeal, he puts me in the back of the car and never
[01:35:59.400 --> 01:36:02.400]  once read me any Miranda rights.
[01:36:02.400 --> 01:36:07.400]  I mean, they ended up letting me go with nothing, but I don't know if that's a process violation
[01:36:07.400 --> 01:36:08.400]  there.
[01:36:08.400 --> 01:36:10.400]  I mean, isn't that technically an arrest?
[01:36:10.400 --> 01:36:13.400]  That is very technically an arrest.
[01:36:13.400 --> 01:36:14.400]  Okay.
[01:36:14.400 --> 01:36:18.400]  You know, they can claim whatever reason they did it for they want to, but that doesn't
[01:36:18.400 --> 01:36:21.400]  make an arrest less an arrest.
[01:36:21.400 --> 01:36:31.400]  If they'd say, well, I shot him 12 times for my own safety, that doesn't make it okay.
[01:36:31.400 --> 01:36:34.400]  So that could be an issue, too, that they never Mirandized me.
[01:36:34.400 --> 01:36:40.400]  No, they didn't charge you with anything, so Miranda never comes into play.
[01:36:40.400 --> 01:36:41.400]  Okay.
[01:36:41.400 --> 01:36:49.400]  So what would be a good strategy with these tough judges up here to handle illegal search
[01:36:49.400 --> 01:36:51.400]  and seizure?
[01:36:51.400 --> 01:36:57.400]  You've got a cause of action for false imprisonment.
[01:36:57.400 --> 01:37:02.400]  A good way to handle it is to file suit.
[01:37:02.400 --> 01:37:03.400]  Right.
[01:37:03.400 --> 01:37:04.400]  Civil.
[01:37:04.400 --> 01:37:05.400]  Civil suit.
[01:37:05.400 --> 01:37:06.400]  Okay.
[01:37:06.400 --> 01:37:14.400]  And in this case, at least in Texas and most certainly, most likely Minnesota as well,
[01:37:14.400 --> 01:37:19.400]  the state waives its sovereign immunity in the case of false imprisonment.
[01:37:19.400 --> 01:37:23.400]  But Jimmy, you only have one year, so how long has it been?
[01:37:23.400 --> 01:37:28.400]  It was April, so I need to get these civil charges in order quick.
[01:37:28.400 --> 01:37:32.400]  Yes, you need to send them a tort letter.
[01:37:32.400 --> 01:37:33.400]  Okay.
[01:37:33.400 --> 01:37:38.400]  Just send them a letter, notice them you've been harmed, notice them of an amount,
[01:37:38.400 --> 01:37:47.400]  and you need to look at some cases of false imprisonment to see what the juries have awarded.
[01:37:47.400 --> 01:37:52.400]  You can probably just go on the Internet and do some searches for false imprisonment
[01:37:52.400 --> 01:38:00.400]  Minnesota and look at some of the adjudications and use that kind of as a basis of how much
[01:38:00.400 --> 01:38:10.400]  to claim against the officers and tell the, if it's a municipality, send it to the mayor.
[01:38:10.400 --> 01:38:15.400]  If it's a county, send it to the county commissioners and tell them you've been harmed
[01:38:15.400 --> 01:38:19.400]  and this amount, make me wholly be sued.
[01:38:19.400 --> 01:38:23.400]  They need to get that generally 60 days before you can file suit.
[01:38:23.400 --> 01:38:24.400]  Oh, really?
[01:38:24.400 --> 01:38:25.400]  Yeah.
[01:38:25.400 --> 01:38:28.400]  That perfects your right.
[01:38:28.400 --> 01:38:31.400]  That exhausts your administrative remedies.
[01:38:31.400 --> 01:38:34.400]  Would that be the tort claim that I'd send him?
[01:38:34.400 --> 01:38:37.400]  That'd be the tort claim.
[01:38:37.400 --> 01:38:38.400]  Okay.
[01:38:38.400 --> 01:38:45.400]  Is that a good substitute for the state-provided civil claim forms?
[01:38:45.400 --> 01:38:47.400]  Yes.
[01:38:47.400 --> 01:38:51.400]  As a matter of fact, the civil claim form would do it.
[01:38:51.400 --> 01:38:54.400]  That would give them notice.
[01:38:54.400 --> 01:38:59.400]  If they have a form already, then you fill out their form and send it to them.
[01:38:59.400 --> 01:39:00.400]  They can't object to it.
[01:39:00.400 --> 01:39:02.400]  They've had notice.
[01:39:02.400 --> 01:39:05.400]  Okay.
[01:39:05.400 --> 01:39:09.400]  So I'm going to show up for the, because I had it in conciliation court.
[01:39:09.400 --> 01:39:13.400]  Randy, I talked to him recently and he explained that I needed to make a withdrawal
[01:39:13.400 --> 01:39:15.400]  and give it out of the small claims court.
[01:39:15.400 --> 01:39:19.400]  I would imagine I should still show up in case they show up.
[01:39:19.400 --> 01:39:21.400]  Absolutely.
[01:39:21.400 --> 01:39:29.400]  And then review that I filled out the form for that, the motion to withdraw.
[01:39:29.400 --> 01:39:36.400]  Notice the conciliation court that the claim you made exceeds the jurisdiction of this court.
[01:39:36.400 --> 01:39:37.400]  Okay.
[01:39:37.400 --> 01:39:41.400]  And then I kind of even went to, I went to explain that in my motion even.
[01:39:41.400 --> 01:39:47.400]  And so I should be able to just hand him criminal complaints right there.
[01:39:47.400 --> 01:39:49.400]  What is he?
[01:39:49.400 --> 01:39:50.400]  Huh?
[01:39:50.400 --> 01:39:54.400]  What is the person who sits in the head of the conciliation court?
[01:39:54.400 --> 01:39:56.400]  A referee.
[01:39:56.400 --> 01:39:58.400]  Okay, then he won't be a magistrate.
[01:39:58.400 --> 01:40:01.400]  He won't get the criminal complaints.
[01:40:01.400 --> 01:40:03.400]  But I can hand him that for reasoning.
[01:40:03.400 --> 01:40:04.400]  You don't need to give him reason.
[01:40:04.400 --> 01:40:12.400]  Once you notice him that you're making a claim that exceeds the dollar jurisdiction,
[01:40:12.400 --> 01:40:17.400]  the dollar amount of his jurisdiction, he can't do anything anyway.
[01:40:17.400 --> 01:40:19.400]  Okay.
[01:40:19.400 --> 01:40:26.400]  And as far as the criminal aspect side of it goes, you know, let's just say hypothetically
[01:40:26.400 --> 01:40:33.400]  they accept the criminal complaints.
[01:40:33.400 --> 01:40:37.400]  And then it goes, it would just go into, they would process it.
[01:40:37.400 --> 01:40:41.400]  And they would pick the, I would imagine they pick a...
[01:40:41.400 --> 01:40:42.400]  Yeah, they pick up the ball.
[01:40:42.400 --> 01:40:45.400]  You would have nothing to do with that.
[01:40:45.400 --> 01:40:47.400]  I would be a witness or something, wouldn't I?
[01:40:47.400 --> 01:40:48.400]  Exactly.
[01:40:48.400 --> 01:40:50.400]  You would only be a witness if you're called.
[01:40:50.400 --> 01:40:56.400]  When you file criminal complaints, it's the prosecution who handles the case.
[01:40:56.400 --> 01:41:01.400]  You have no more involvement other than if you're called as a witness.
[01:41:01.400 --> 01:41:04.400]  I would imagine I would want to keep tabs on this.
[01:41:04.400 --> 01:41:08.400]  So if for the civil case purposes, I would imagine though, right?
[01:41:08.400 --> 01:41:10.400]  Yes, absolutely.
[01:41:10.400 --> 01:41:11.400]  Okay.
[01:41:11.400 --> 01:41:13.400]  And is there a length of time?
[01:41:13.400 --> 01:41:16.400]  Does it usually take them a long time to get around to criminal charges?
[01:41:16.400 --> 01:41:17.400]  Oh, yeah.
[01:41:17.400 --> 01:41:22.400]  And you can, we always know exactly how long it's going to take them, forever.
[01:41:22.400 --> 01:41:24.400]  Yeah, yeah.
[01:41:24.400 --> 01:41:26.400]  They never will.
[01:41:26.400 --> 01:41:28.400]  So give them a reasonable amount of time.
[01:41:28.400 --> 01:41:32.400]  Generally, if you hammer the prosecutor, he'll tell you,
[01:41:32.400 --> 01:41:34.400]  I'm not going to prosecute these.
[01:41:34.400 --> 01:41:36.400]  That's what you need.
[01:41:36.400 --> 01:41:41.400]  Then you go after the prosecutor for obstruction of justice.
[01:41:41.400 --> 01:41:46.400]  You file that with a district judge and he'll refuse to take it.
[01:41:46.400 --> 01:41:52.400]  I suggest you don't do what I do and go in and hammer the judge in person,
[01:41:52.400 --> 01:41:56.400]  but just send it to him, certified mail.
[01:41:56.400 --> 01:41:57.400]  To the judge?
[01:41:57.400 --> 01:41:59.400]  Yeah, to the judge.
[01:41:59.400 --> 01:42:00.400]  Okay.
[01:42:00.400 --> 01:42:02.400]  So you're talking the Randy Kelton method here.
[01:42:02.400 --> 01:42:03.400]  Exactly.
[01:42:03.400 --> 01:42:08.400]  Set the judge up so that you can go to the grand jury with complaints against the judge.
[01:42:08.400 --> 01:42:15.400]  And the judge is essentially an innocent party, so he's going to scream the loudest.
[01:42:15.400 --> 01:42:21.400]  And when the district judge starts getting upset, everybody gets upset.
[01:42:21.400 --> 01:42:27.400]  I wanted to bring, there were two kind of different sections of charges I was going to bring,
[01:42:27.400 --> 01:42:30.400]  because I was going to bring charges against the officer,
[01:42:30.400 --> 01:42:37.400]  but then also charges against the people responsible for the officer being the police department.
[01:42:37.400 --> 01:42:41.400]  Would I want to wait for them to find him guilty of...
[01:42:41.400 --> 01:42:46.400]  No, no, no, you can name the department in the Monell sense,
[01:42:46.400 --> 01:42:55.400]  in that the officer was acting in accordance with established policy.
[01:42:55.400 --> 01:43:03.400]  And under Monell, everybody will recognize that case.
[01:43:03.400 --> 01:43:09.400]  If an employee is acting in compliance with city policy
[01:43:09.400 --> 01:43:16.400]  and he creates a tort, the city is liable for his actions.
[01:43:16.400 --> 01:43:18.400]  So you can sue the department.
[01:43:18.400 --> 01:43:24.400]  They're going to construe a suit against the officer as a suit against the department anyway.
[01:43:24.400 --> 01:43:26.400]  I don't have to worry about that, really.
[01:43:26.400 --> 01:43:28.400]  No, you don't have to worry about that.
[01:43:28.400 --> 01:43:30.400]  It'll all just happen.
[01:43:30.400 --> 01:43:32.400]  Yes, okay.
[01:43:32.400 --> 01:43:34.400]  We've got a bunch of callers.
[01:43:34.400 --> 01:43:38.400]  This is Randy Kelton, Eddie Craig, Debra Stevens.
[01:43:38.400 --> 01:43:40.400]  I got it right that time.
[01:43:40.400 --> 01:43:41.400]  We will all radio.
[01:43:41.400 --> 01:43:47.400]  When we get back, we're going to move to Marshall, in Oregon.
[01:43:47.400 --> 01:43:49.400]  Thank you guys for waiting.
[01:43:49.400 --> 01:43:51.400]  We'll try to get to all of you during the next segment.
[01:43:51.400 --> 01:43:54.400]  It's the last segment, so we'll move rather quickly.
[01:43:54.400 --> 01:44:06.400]  We'll be right back.
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[01:45:18.400 --> 01:45:19.400]  Okay, we're back.
[01:45:19.400 --> 01:45:22.400]  We are going to Marshall, in Oregon.
[01:45:22.400 --> 01:45:23.400]  Marshall, thanks for calling in.
[01:45:23.400 --> 01:45:27.400]  What is your question for us tonight?
[01:45:27.400 --> 01:45:28.400]  All right.
[01:45:28.400 --> 01:45:32.400]  Now, the traffic code generally, if not in full, only applies to those in commerce.
[01:45:32.400 --> 01:45:35.400]  Is that right?
[01:45:35.400 --> 01:45:41.400]  In the state of Texas, as far as I know, yes.
[01:45:41.400 --> 01:45:50.400]  So, if you can, in a brief way, define commerce, how is commerce defined?
[01:45:50.400 --> 01:45:54.400]  In terms of traffic code issues or, you know, if it applies to you or not.
[01:45:54.400 --> 01:46:05.400]  You are either transporting persons or property for hire or compensation.
[01:46:05.400 --> 01:46:11.400]  Well, let's say I have a yard trimming, grooming business and it's just myself.
[01:46:11.400 --> 01:46:13.400]  I don't have any employees or what have you.
[01:46:13.400 --> 01:46:16.400]  But I've got a truck and odds and ends and my gear and everything else.
[01:46:16.400 --> 01:46:18.400]  And it's a business.
[01:46:18.400 --> 01:46:26.400]  Okay, the question is, are you paid to transport something to the job site
[01:46:26.400 --> 01:46:28.400]  and away from the job site?
[01:46:28.400 --> 01:46:30.400]  Are you on the clock?
[01:46:30.400 --> 01:46:35.400]  A portion of my payment is to haul debris from somebody's property, for example.
[01:46:35.400 --> 01:46:36.400]  Okay.
[01:46:36.400 --> 01:46:37.400]  Ah, good.
[01:46:37.400 --> 01:46:38.400]  That's a good question.
[01:46:38.400 --> 01:46:41.400]  Yes, see, that's different because otherwise, if you're just like,
[01:46:41.400 --> 01:46:44.400]  if it's your lawnmower, et cetera, and your equipment,
[01:46:44.400 --> 01:46:50.400]  you technically are not engaged in commerce until you get to your destination.
[01:46:50.400 --> 01:46:54.400]  But if you're being paid to transport, like say, limbs and debris
[01:46:54.400 --> 01:46:58.400]  or trash somewhere else, then that technically could be commerce.
[01:46:58.400 --> 01:47:00.400]  No, no, no, that's not going to fall under.
[01:47:00.400 --> 01:47:03.400]  You're providing a service.
[01:47:03.400 --> 01:47:09.400]  You're being paid to do the job on the property.
[01:47:09.400 --> 01:47:15.400]  Once you load up all the property, all the limbs and debris on your truck
[01:47:15.400 --> 01:47:19.400]  and leave the property, you're not being paid anymore.
[01:47:19.400 --> 01:47:25.400]  If it's five miles or 100 miles to the dump, it makes no difference to you.
[01:47:25.400 --> 01:47:29.400]  Yes, so that doesn't really matter then.
[01:47:29.400 --> 01:47:32.400]  And I was just trying to use that as an example.
[01:47:32.400 --> 01:47:37.400]  What I'm trying to do or clarify is don't I, as an individual,
[01:47:37.400 --> 01:47:42.400]  whether I'm in business or not, with maybe some exceptions that you could help me clarify,
[01:47:42.400 --> 01:47:47.400]  also have the right to do business without having to have a license?
[01:47:47.400 --> 01:47:48.400]  Absolutely.
[01:47:48.400 --> 01:47:53.400]  Yes, it really depends upon whether or not the business you're involved in
[01:47:53.400 --> 01:47:56.400]  affects the public health and safety.
[01:47:56.400 --> 01:47:58.400]  The ones that affect the public health and safety,
[01:47:58.400 --> 01:48:02.400]  the state has the authority to regulate and require licensing
[01:48:02.400 --> 01:48:09.400]  and require certifications to prove competency to perform the acts involved in that business
[01:48:09.400 --> 01:48:13.400]  so that the public health and safety is protected.
[01:48:13.400 --> 01:48:17.400]  If it's left up to them to define public health and safety, doesn't that basically,
[01:48:17.400 --> 01:48:21.400]  and don't we see that where they kind of define it as almost anything?
[01:48:21.400 --> 01:48:24.400]  Well, that's what they're getting to, yes,
[01:48:24.400 --> 01:48:27.400]  but that's where we have to step in and say, oh, no, you don't.
[01:48:27.400 --> 01:48:31.400]  Well, and I have, this brings up another question too, Eddie,
[01:48:31.400 --> 01:48:36.400]  concerning the right to do business on the roadways.
[01:48:36.400 --> 01:48:41.400]  I mean, we obviously have a, that's what I was just, that's exactly where I was going to.
[01:48:41.400 --> 01:48:45.400]  We have a right to travel on the public thoroughfare,
[01:48:45.400 --> 01:48:50.400]  but if the public thoroughfare is truly owned by the public,
[01:48:50.400 --> 01:48:53.400]  then that means my tax dollars go to pay for it,
[01:48:53.400 --> 01:49:01.400]  and I'm sorry, but you don't have a right to profit off of the roads that I pay taxes for.
[01:49:01.400 --> 01:49:03.400]  You have the right to travel on the roads,
[01:49:03.400 --> 01:49:10.400]  but you don't have the right to make a profit and do business on that roadway that I'm paying tax dollars for.
[01:49:10.400 --> 01:49:15.400]  So no, you fundamentally do not have a right to do business on the roads.
[01:49:15.400 --> 01:49:19.400]  Yeah, the thing here is the way the courts have determined this,
[01:49:19.400 --> 01:49:23.400]  and I agree with their interpretation of this through the years,
[01:49:23.400 --> 01:49:29.400]  that the main purpose and use of the roads is for the benefit of the public,
[01:49:29.400 --> 01:49:35.400]  for their own personal business and pleasure to travel from point A to point B.
[01:49:35.400 --> 01:49:38.400]  The use of the roads as a place of business, however,
[01:49:38.400 --> 01:49:43.400]  has always been ruled to be an extraordinary use.
[01:49:43.400 --> 01:49:47.400]  That type of occupation upon the road puts additional wear and tear,
[01:49:47.400 --> 01:49:54.400]  and in some instances excessive wear and tear compared to the normal use.
[01:49:54.400 --> 01:49:59.400]  That's the way the courts have looked at it since these laws have existed.
[01:49:59.400 --> 01:50:02.400]  The normal force of use is for the public.
[01:50:02.400 --> 01:50:06.400]  The extraordinary use is for anybody using them as a place of business.
[01:50:06.400 --> 01:50:10.400]  One is done as a matter of right, the public use,
[01:50:10.400 --> 01:50:16.400]  and one is done as a matter of privilege, the business use.
[01:50:16.400 --> 01:50:20.400]  And any privilege can be regulated.
[01:50:20.400 --> 01:50:23.400]  It can be removed.
[01:50:23.400 --> 01:50:28.400]  Right, that's why privilege versus right in this case.
[01:50:28.400 --> 01:50:32.400]  Say, for example, then I have a computer consultancy business,
[01:50:32.400 --> 01:50:38.400]  and I use a vehicle to go to businesses, residences, or whomever.
[01:50:38.400 --> 01:50:40.400]  The same rules would apply.
[01:50:40.400 --> 01:50:45.400]  The business is conducted at the location, not upon the road.
[01:50:45.400 --> 01:50:47.400]  Understand.
[01:50:47.400 --> 01:50:52.400]  Right, you have to actually be transporting passengers or goods
[01:50:52.400 --> 01:50:59.400]  or other property from point A to point B for hire or compensation
[01:50:59.400 --> 01:51:03.400]  in order for it technically to be considered doing business on the roads.
[01:51:03.400 --> 01:51:10.400]  Like say even, for example, a farmer who's taking his produce to the farmer's market.
[01:51:10.400 --> 01:51:14.400]  That does not count as doing business on the roadway
[01:51:14.400 --> 01:51:19.400]  because he does not engage in commerce until he gets to the farmer's market.
[01:51:19.400 --> 01:51:23.400]  That's when he does his selling and buying.
[01:51:23.400 --> 01:51:28.400]  Doing business on the roadways is like say a taxi cab driver
[01:51:28.400 --> 01:51:31.400]  transporting a passenger from point A to point B,
[01:51:31.400 --> 01:51:35.400]  or like an 18-wheeler driver who's carrying,
[01:51:35.400 --> 01:51:40.400]  transporting a load from point A to point B for hire.
[01:51:40.400 --> 01:51:45.400]  But going to work is not doing business on the roadway.
[01:51:45.400 --> 01:51:54.400]  So it really is a pretty narrow venue of tasks or what have you
[01:51:54.400 --> 01:52:00.400]  that would apply then to this commerce which would require the license.
[01:52:00.400 --> 01:52:02.400]  Transporting passengers or, yeah,
[01:52:02.400 --> 01:52:09.400]  transporting property or passengers from point A to point B for compensation.
[01:52:09.400 --> 01:52:14.400]  That's the only, that's the definition of doing business on the road.
[01:52:14.400 --> 01:52:16.400]  Okay, so just again trying to help clarify.
[01:52:16.400 --> 01:52:20.400]  I think I'm getting it now, but if I say a home builder
[01:52:20.400 --> 01:52:30.400]  and I'm transporting materials from wherever I buy them to the location to be built,
[01:52:30.400 --> 01:52:33.400]  I'm not doing business over the roadway though, right?
[01:52:33.400 --> 01:52:41.400]  Not unless somebody pays you to bring the building materials from point A to point B.
[01:52:41.400 --> 01:52:44.400]  But if somebody just pays you to build the building,
[01:52:44.400 --> 01:52:48.400]  then no, you're not doing business on the road.
[01:52:48.400 --> 01:52:52.400]  Now, the exception to that would be if you're incorporating.
[01:52:52.400 --> 01:52:57.400]  Then you are acting on the commercial benefit of the legal entity
[01:52:57.400 --> 01:53:06.400]  and the transportation of that property would then be commerce
[01:53:06.400 --> 01:53:12.400]  because you are acting for the financial benefit and gain of another party.
[01:53:12.400 --> 01:53:18.400]  Well, if I'm operating in any kind of legal fiction, then that may apply.
[01:53:18.400 --> 01:53:19.400]  Correct.
[01:53:19.400 --> 01:53:25.400]  No, that's stuff about legal fiction and about you being a corporation
[01:53:25.400 --> 01:53:28.400]  because your name is in all caps.
[01:53:28.400 --> 01:53:30.400]  No, no, no.
[01:53:30.400 --> 01:53:34.400]  Eddie's talking about if you work for a corporation.
[01:53:34.400 --> 01:53:38.400]  For instance, if you work for a corporation like the companies that go around
[01:53:38.400 --> 01:53:44.400]  and build the modular houses, if you're doing what you're doing for their benefit,
[01:53:44.400 --> 01:53:50.400]  then you are engaging in commerce when you transport materials to and from a job site.
[01:53:50.400 --> 01:53:52.400]  There's no question of that.
[01:53:52.400 --> 01:53:56.400]  But if you are a private unincorporated home builder
[01:53:56.400 --> 01:54:02.400]  and you're buying the materials yourself and then taking them to the job site to put them in,
[01:54:02.400 --> 01:54:10.400]  you are not engaging in commerce during the transport of that property because it's your property.
[01:54:10.400 --> 01:54:13.400]  Well, I would expect that most home builders,
[01:54:13.400 --> 01:54:16.400]  even if they don't have employees, are probably incorporated.
[01:54:16.400 --> 01:54:18.400]  Maybe I'm wrong, but maybe that's a reason they shouldn't be
[01:54:18.400 --> 01:54:21.400]  or at least one reason why they should not incorporate.
[01:54:21.400 --> 01:54:23.400]  We need to look at that.
[01:54:23.400 --> 01:54:24.400]  I'm not sure, Eddie.
[01:54:24.400 --> 01:54:27.400]  Do you have something on that?
[01:54:27.400 --> 01:54:33.400]  Because the corporation becomes essentially a person.
[01:54:33.400 --> 01:54:39.400]  And if the corporation is not being paid for the transport...
[01:54:39.400 --> 01:54:42.400]  The corporation is always operating in commerce, though, Randy.
[01:54:42.400 --> 01:54:44.400]  That's the only reason it can exist.
[01:54:44.400 --> 01:54:48.400]  By law, the corporation is engaging in commerce from its inception.
[01:54:48.400 --> 01:54:56.400]  You're juxtaposing issues. So is a person who is providing a service,
[01:54:56.400 --> 01:54:59.400]  but he's not operating in commerce on the highway.
[01:54:59.400 --> 01:55:07.400]  Yeah, but there's a difference, Randy, because say he's a private home builder, a private contractor.
[01:55:07.400 --> 01:55:14.400]  The person who hired him to build the home is not necessarily paying him to transport the goods
[01:55:14.400 --> 01:55:18.400]  from the Home Depot or wherever to the job site.
[01:55:18.400 --> 01:55:22.400]  He's just paying that person to build the house.
[01:55:22.400 --> 01:55:28.400]  But however, if there's a corporate entity like Home Builders USA,
[01:55:28.400 --> 01:55:34.400]  just make something up, who has hired somebody to do this and that,
[01:55:34.400 --> 01:55:40.400]  and that person is being paid by the corporation to go to the Home Depot
[01:55:40.400 --> 01:55:43.400]  and pick up stuff and then bring it somewhere,
[01:55:43.400 --> 01:55:48.400]  then technically that would be engaging in commerce on the road
[01:55:48.400 --> 01:55:53.400]  because he's being paid to transport goods from point A to point B.
[01:55:53.400 --> 01:56:03.400]  If a trucking company is hired to haul product and the trucking company is a corporation,
[01:56:03.400 --> 01:56:09.400]  when they move their truck from their location to the location where they pick up the product,
[01:56:09.400 --> 01:56:15.400]  they're not in commerce. When they drop off the product at the location
[01:56:15.400 --> 01:56:20.400]  and drive the truck home empty, they're not in commerce because that's cost,
[01:56:20.400 --> 01:56:27.400]  they're not being paid for that time when the corporation who's building the building...
[01:56:27.400 --> 01:56:29.400]  You're crossing two things here though, Randy.
[01:56:29.400 --> 01:56:34.400]  No, you're trying to apply something that's inappropriate when the corporation...
[01:56:34.400 --> 01:56:41.400]  The law is very specific... I've never seen anything like that.
[01:56:41.400 --> 01:56:48.400]  Commerce went to making profit, doing something for profit.
[01:56:48.400 --> 01:56:57.400]  Hauling the material from the source to the location is a cost to the corporation.
[01:56:57.400 --> 01:57:00.400]  The only thing they're getting paid for is building the building.
[01:57:00.400 --> 01:57:03.400]  They're not getting paid for hauling that to the location.
[01:57:03.400 --> 01:57:10.400]  They're having to take that out of their own pocket to do that. That's a cost.
[01:57:10.400 --> 01:57:18.400]  Now, if they were charged the lender extra for transporting it from point A to point B,
[01:57:18.400 --> 01:57:21.400]  yeah, they'd be in commerce because then they're transporting for hire,
[01:57:21.400 --> 01:57:24.400]  but they're not transporting for hire over the highways.
[01:57:24.400 --> 01:57:30.400]  It's a necessary evil. It's a cost. It's just like the farmer who raises his crop.
[01:57:30.400 --> 01:57:36.400]  He has to get the crop from the field to the point of sale. That's not in commerce.
[01:57:36.400 --> 01:57:42.400]  But what you're talking about here is two separate types of beings.
[01:57:42.400 --> 01:57:47.400]  You have one whose entire existence is based upon legal privileges.
[01:57:47.400 --> 01:57:54.400]  Everything it does is a privilege. There is no right involved in a corporation.
[01:57:54.400 --> 01:58:01.400]  It exists as a creature of law, and it is guided and bound entirely by law.
[01:58:01.400 --> 01:58:07.400]  A private person is an individual. A human being doing the same thing is not.
[01:58:07.400 --> 01:58:13.400]  They have a certain right to do certain things when they're not engaging in that act.
[01:58:13.400 --> 01:58:15.400]  A corporation cannot make that claim.
[01:58:15.400 --> 01:58:17.400]  Okay, get your boxing gloves. I want to fight over this one.
[01:58:17.400 --> 01:58:22.400]  Okay. Well, what about the driver who works for the building company?
[01:58:22.400 --> 01:58:26.400]  He's getting paid to bring the goods from one place to the other.
[01:58:26.400 --> 01:58:29.400]  He is acting on behalf of the legal entity who is profiting.
[01:58:29.400 --> 01:58:32.400]  They are charging for his time.
[01:58:32.400 --> 01:58:35.400]  No matter what he's doing, they are billing the client for that time.
[01:58:35.400 --> 01:58:39.400]  They are getting paid, expense or otherwise. They're still getting paid.
[01:58:39.400 --> 01:58:43.400]  So that guy still is conducting business on the roadways.
[01:58:43.400 --> 01:58:44.400]  Yes, he is.
[01:58:44.400 --> 01:58:46.400]  No, he ain't. I disagree.
[01:58:46.400 --> 01:58:51.400]  Okay, all right. We're going to have to talk about this tomorrow.
[01:58:51.400 --> 01:58:53.400]  After the due process show.
[01:58:53.400 --> 01:58:56.400]  Tomorrow night, Randy and I are going to go over, and Eddie and I,
[01:58:56.400 --> 01:59:22.400]  all three of us are going to go over due process.
[01:59:26.400 --> 01:59:30.400]  I'm like a step in the grave.
[01:59:30.400 --> 01:59:35.400]  I'm dangerous, I'm dangerous.
[01:59:35.400 --> 01:59:37.400]  I'm like a step in the grave.
[01:59:37.400 --> 01:59:42.400]  I'm dangerous, I'm dangerous.
[01:59:42.400 --> 01:59:57.400]  I'm dangerous.