ROL_2010-10-29_16k_Hr3-4.timecode

[00:00.000 --> 00:04.400]  This news brief brought to you by the International News Net.
[00:04.400 --> 00:09.640]  The Presidential Commission investigating the BP oil spill said Thursday Halliburton officials
[00:09.640 --> 00:14.660]  knew weeks before the well exploded the cement mixture they planned to use to seal the well
[00:14.660 --> 00:17.920]  was unstable but went ahead with the job anyway.
[00:17.920 --> 00:22.640]  In the first official finding of responsibility for the blowout, the Commission determined
[00:22.640 --> 00:27.800]  Halliburton had conducted three lab tests indicating the cement mixture did not meet
[00:27.800 --> 00:31.080]  industry standards.
[00:31.080 --> 00:35.760]  Israel's far right has organized a protest movement modeled on the U.S. Sea Party.
[00:35.760 --> 00:41.360]  The group is planning a rally Sunday to protest U.S. pressure on Israel to renew the settlement
[00:41.360 --> 00:43.040]  construction freeze.
[00:43.040 --> 00:46.960]  The activists say their protest will be the opening shot in their efforts to stop the
[00:46.960 --> 00:50.400]  peace process with Palestinians.
[00:50.400 --> 00:55.680]  The government Thursday disclosed for the first time it spent a record $80 billion on
[00:55.680 --> 01:00.320]  civilian and military intelligence agencies in the past 12 months.
[01:00.320 --> 01:06.920]  1,300 government organizations and 1,900 contractors worked on intelligence programs at 10,000
[01:06.920 --> 01:08.680]  locations across the U.S.
[01:08.680 --> 01:15.600]  In 2009, the U.S. military's projected budget was nearly $1.5 trillion, double that spent
[01:15.600 --> 01:19.040]  on health and human services.
[01:19.040 --> 01:25.000]  The U.S. is building a $12 billion super military base on the Pacific island of Guam in an attempt
[01:25.000 --> 01:27.800]  to contain China's military buildup.
[01:27.800 --> 01:32.240]  It will be the largest investment in a military base in the Western Pacific since World War
[01:32.240 --> 01:36.560]  II and the biggest outlay on naval infrastructure in decades.
[01:36.560 --> 01:42.520]  The base will house 19,000 Marines who will be relocated from the Japanese island of Okinawa
[01:42.520 --> 01:45.480]  where the U.S. force has become unpopular.
[01:45.480 --> 01:49.800]  The U.S. Environmental Protection Agency has said the base could trigger serious water
[01:49.800 --> 01:50.800]  shortages.
[01:50.800 --> 01:55.920]  The EPA said dredging the harbor to allow an aircraft carrier to berth would damage
[01:55.920 --> 01:59.120]  70 acres of pristine coral reefs.
[01:59.120 --> 02:04.520]  The U.K. Telegraph says China has significantly expanded its fleet during the past decade
[02:04.520 --> 02:10.040]  seeking to deter the U.S. from intervening in any future conflict over Taiwan and project
[02:10.040 --> 02:16.880]  power across disputed territories in the gas- and oil-rich South China Sea.
[02:16.880 --> 02:21.880]  A government investigation has found Michael Furlong, a senior Pentagon official, broke
[02:21.880 --> 02:27.520]  Defense Department rules and deliberately misled senior generals when he set up a network
[02:27.520 --> 02:32.120]  of private contractors to spy in Afghanistan and Pakistan last year.
[02:32.120 --> 02:37.360]  The Pentagon investigation concluded Furlong set up an unauthorized intelligence network
[02:37.360 --> 02:42.080]  to collect information in both countries, some of which was fed to senior generals and
[02:42.080 --> 02:44.680]  used for strikes against militant groups.
[02:44.680 --> 02:49.200]  Foreign Secretary Robert Gates ordered the investigation after the New York Times reported
[02:49.200 --> 03:17.560]  on the existence of the network in March.
[03:19.200 --> 03:47.720]  All right, folks, we are back.
[03:47.720 --> 03:52.680]  We are speaking right now with Jason in Texas, and Eddie, you had something for Jason.
[03:52.680 --> 03:53.680]  Go ahead.
[03:53.680 --> 03:54.680]  Yeah.
[03:54.680 --> 04:01.440]  Now, the one thing that dealing with the intersection that 545.351 does deal with is it says this
[04:01.440 --> 04:07.760]  in subsection C, an operator shall, consistent with subsections A and B, drive at an appropriate
[04:07.760 --> 04:13.120]  reduced speed if, one, the operator is approaching and crossing an intersection or railroad-grade
[04:13.120 --> 04:14.120]  crossing.
[04:14.120 --> 04:15.120]  Okay?
[04:15.120 --> 04:21.080]  However, you have to understand what is in A and B. A and B is very clear that these
[04:21.080 --> 04:29.800]  are prima facie speed limits only, and that if you are able to negotiate that speed under
[04:29.800 --> 04:36.320]  the circumstances that are then existing in a reasonable and prudent manner, then you
[04:36.320 --> 04:38.280]  have committed no violation.
[04:38.280 --> 04:43.960]  In other words, you didn't have an accident, you didn't run over anything or anybody,
[04:43.960 --> 04:47.560]  and you didn't cause anybody else to run over anything or anybody.
[04:47.560 --> 04:50.040]  You did not do anything wrong.
[04:50.040 --> 04:51.360]  End of story.
[04:51.360 --> 04:57.760]  Now, the other interesting thing is that subchapter H, which deals with everything there is about
[04:57.760 --> 05:06.440]  the prima facie speed limits, does not contain the word offense in it anywhere whatsoever,
[05:06.440 --> 05:16.080]  nor does it contain the word violation as defining a violation anywhere whatsoever.
[05:16.080 --> 05:21.600]  So technically speaking, there is no criminal act defined in the transportation code in
[05:21.600 --> 05:30.480]  350 anything that designates speeding as an alleged misdemeanor or criminal act.
[05:30.480 --> 05:31.760]  Okay?
[05:31.760 --> 05:34.280]  It simply says it's unlawful.
[05:34.280 --> 05:35.520]  That's all it says.
[05:35.520 --> 05:40.000]  It does not define what unlawful means, nor how it is unlawful.
[05:40.000 --> 05:44.800]  The word misdemeanor does not even appear in this section.
[05:44.800 --> 05:45.800]  Okay?
[05:45.800 --> 05:46.800]  Okay.
[05:46.800 --> 05:47.800]  Go ahead.
[05:47.800 --> 05:53.680]  Well, if I ask you a question, the next would be as far as this appearance date on the ticket,
[05:53.680 --> 05:54.960]  the appearance date at court.
[05:54.960 --> 05:55.960]  What would I do for that, then?
[05:55.960 --> 05:57.560]  I mean, I'm not saying the ticket is...
[05:57.560 --> 05:58.560]  Okay.
[05:58.560 --> 06:02.520]  There's a motion I just finished, which Randy needs to let me know if he's actually shepherdized
[06:02.520 --> 06:08.520]  the cases that are in it, but there's a motion I've just finished that goes directly to this
[06:08.520 --> 06:11.680]  initial appearance issue.
[06:11.680 --> 06:16.200]  They try to treat the ticket as if the ticket is a lawful summons, and then they try to
[06:16.200 --> 06:21.360]  take a plea as if the ticket is a valid complaint for the purpose of entering a plea.
[06:21.360 --> 06:25.640]  But they have several issues they must overcome.
[06:25.640 --> 06:28.960]  And they all start with the issuance of the citation.
[06:28.960 --> 06:30.640]  It's not a valid summons.
[06:30.640 --> 06:35.480]  It is not a proper service of process, and it meets none of the statutory requirements
[06:35.480 --> 06:40.640]  of definitions or placement of a valid complaint.
[06:40.640 --> 06:43.760]  It's completely bogus on its face.
[06:43.760 --> 06:48.600]  So the very first thing you would want to do is to file this particular motion in your
[06:48.600 --> 06:52.120]  case ASAP.
[06:52.120 --> 06:58.080]  The problem you got is this is a motion that's part of the seminar material that's for the
[06:58.080 --> 07:05.600]  folks that have got the traffic seminar, because my purpose here is not to sell people motions.
[07:05.600 --> 07:12.920]  My purpose here is to educate people on how they're being scammed by the traffic cops.
[07:12.920 --> 07:16.640]  So the purpose of the seminar material is not just to get you out of a ticket, it's
[07:16.640 --> 07:22.120]  to educate you on the law, it's to educate you on how to fight back, and it gives you
[07:22.120 --> 07:24.920]  the paperwork to do that.
[07:24.920 --> 07:28.360]  What seminar is that?
[07:28.360 --> 07:29.360]  I'm not familiar with that.
[07:29.360 --> 07:34.040]  The traffic law seminar that you can actually purchase on the website.
[07:34.040 --> 07:36.800]  Okay.
[07:36.800 --> 07:43.040]  But you have a very good opportunity here to not only fight back, but to educate these
[07:43.040 --> 07:44.600]  guys.
[07:44.600 --> 07:46.000]  And that's what we have to do.
[07:46.000 --> 07:52.840]  We have to educate them, or they're going to keep doing stupid things to honest people
[07:52.840 --> 07:59.520]  that hopefully will get tired of it enough to go after them tooth and nail.
[07:59.520 --> 08:00.520]  Okay.
[08:00.520 --> 08:05.840]  With these appearances, usually the first one I've been to in the past on these tickets
[08:05.840 --> 08:10.560]  is where you would, isn't that where I would plead guilty or not guilty or something like
[08:10.560 --> 08:11.560]  that?
[08:11.560 --> 08:12.560]  Yes, it is.
[08:12.560 --> 08:14.560]  Now my question to you is very simple.
[08:14.560 --> 08:21.200]  How can you enter a plea when the court has no jurisdiction to take a plea?
[08:21.200 --> 08:24.880]  And not only that, how can you enter a plea when you haven't even been charged with anything
[08:24.880 --> 08:25.880]  yet?
[08:25.880 --> 08:26.880]  There's no complaint or charging instrument.
[08:26.880 --> 08:27.880]  Exactly.
[08:27.880 --> 08:28.880]  I mean, what are you pleading to?
[08:28.880 --> 08:33.240]  You could be pleading to murder for all you know.
[08:33.240 --> 08:38.960]  That's why the first document that we have people file is a challenge to the jurisdiction.
[08:38.960 --> 08:45.480]  And generally, it's my recommendation that that would be filed before, on or before the
[08:45.480 --> 08:50.640]  on or before date, because an appearance doesn't mean you make a plea.
[08:50.640 --> 08:53.120]  An appearance means you appear.
[08:53.120 --> 08:57.480]  And one way of making an appearance is to file something.
[08:57.480 --> 09:04.000]  And so that way you avoid having an arrest warrant issued and a failure to appear being
[09:04.000 --> 09:07.520]  slapped on you that you would have to get out of later.
[09:07.520 --> 09:11.400]  And so, but now Eddie, Eddie may take a different approach.
[09:11.400 --> 09:15.280]  Eddie says, go ahead, bring on the arrest warrant because they had no jurisdiction to
[09:15.280 --> 09:17.440]  issue a warrant for the arrest anyway.
[09:17.440 --> 09:21.440]  So it all depends on what level of risk someone is willing to take.
[09:21.440 --> 09:25.600]  Personally, I would file the challenge to the jurisdiction on or before the on or before
[09:25.600 --> 09:31.040]  date just so that I don't have to keep stacking up additional fights for myself because you're
[09:31.040 --> 09:35.800]  going to end up having to file the challenge to the jurisdiction anyway.
[09:35.800 --> 09:43.680]  What I suggest you do is go down before the due date and take a challenge to the subject
[09:43.680 --> 09:48.680]  matter jurisdiction with you and ask the clerk to file it in your case.
[09:48.680 --> 09:53.080]  And she's going to say, well, I don't have any records on you.
[09:53.080 --> 09:58.040]  And you tell her, well, your problem, not my problem.
[09:58.040 --> 10:02.000]  My problem is, is I swore to come down here on or before this date.
[10:02.000 --> 10:05.680]  I'm here before this date as I promised.
[10:05.680 --> 10:06.680]  And I'm here.
[10:06.680 --> 10:12.600]  I have been accused of this criminal act and demanded in order to be down here.
[10:12.600 --> 10:15.120]  I'm here to file the case.
[10:15.120 --> 10:16.120]  File it.
[10:16.120 --> 10:20.120]  And she's going to say she doesn't have a case for you.
[10:20.120 --> 10:21.120]  Well, make one.
[10:21.120 --> 10:22.120]  And if she refuses, go get security.
[10:22.120 --> 10:23.120]  Okay.
[10:23.120 --> 10:24.120]  How would I challenge the subject matter?
[10:24.120 --> 10:25.120]  Is that a form?
[10:25.120 --> 10:26.120]  Where is that form?
[10:26.120 --> 10:27.120]  That's the motion I'm talking about.
[10:27.120 --> 10:28.120]  Now, here's the other problem.
[10:28.120 --> 10:29.120]  Technically speaking, the court cannot create a case it doesn't have jurisdiction of.
[10:29.120 --> 10:30.120]  It creates a cause number, yet there is no jurisdiction to issue a warrant for the on
[10:30.120 --> 10:31.120]  or before date.
[10:31.120 --> 10:32.120]  So it all depends on what level of risk someone is willing to take.
[10:32.120 --> 10:33.120]  Personally, I would file the challenge to the jurisdiction on or before date just so
[10:33.120 --> 10:34.120]  that I don't have to keep stacking up additional fights for myself.
[10:34.120 --> 10:35.120]  Personally, I would file the challenge to the jurisdiction on or before date just so
[10:35.120 --> 10:45.840]  that I don't have to keep stacking up additional fights for myself.
[10:45.840 --> 10:48.560]  They base it entirely on the citation.
[10:48.560 --> 10:51.720]  Yeah, they can create a cause number.
[10:51.720 --> 10:53.840]  You can then come in and challenge
[10:53.840 --> 10:56.440]  subject matter jurisdiction, and the only thing
[10:56.440 --> 11:01.120]  the judge has authority to do is dismiss the case.
[11:01.120 --> 11:08.960]  But I suggest we don't go in on some philosophical argument
[11:08.960 --> 11:12.600]  and not do anything, because these guys think
[11:12.600 --> 11:13.600]  they have jurisdiction.
[11:13.600 --> 11:16.320]  They're going to act like they have jurisdiction.
[11:16.320 --> 11:18.560]  And when they arrest you until you're in jail,
[11:18.560 --> 11:20.200]  it's going to feel like they have
[11:20.200 --> 11:22.280]  subject matter jurisdiction.
[11:22.280 --> 11:25.880]  So you challenge subject matter jurisdiction in this case
[11:25.880 --> 11:30.280]  because the officer charged you with an offense that's not
[11:30.280 --> 11:32.360]  an offense cognizable in the code.
[11:35.880 --> 11:39.080]  There is no such offense as the one he is accelerating
[11:39.080 --> 11:41.840]  through an intersection.
[11:41.840 --> 11:44.120]  It's generally appropriate for you
[11:44.120 --> 11:46.600]  to accelerate through an intersection
[11:46.600 --> 11:50.440]  if you were stopped at a red light,
[11:50.440 --> 11:55.840]  or generally, if you're not going fast enough,
[11:55.840 --> 11:58.720]  doesn't matter where you accelerate.
[11:58.720 --> 11:59.920]  This is nonsense charge.
[11:59.920 --> 12:02.800]  Or if the light actually changes mid-intersection.
[12:02.800 --> 12:05.080]  You know, another strategy also is
[12:05.080 --> 12:08.520]  when you go in on the on or before date,
[12:08.520 --> 12:11.040]  you ask to see a magistrate, because that's
[12:11.040 --> 12:12.280]  what a summons means.
[12:12.280 --> 12:14.520]  You're being summoned before a magistrate.
[12:14.520 --> 12:17.640]  And so you're not being summoned to make a plea.
[12:17.640 --> 12:20.040]  They want to trick people into saying, well,
[12:20.040 --> 12:22.480]  you're summoned to appear on or before in order
[12:22.480 --> 12:23.280]  to make a plea.
[12:23.280 --> 12:26.400]  But there's nothing in law that authorizes that.
[12:26.400 --> 12:28.360]  You're summoned to appear before the court,
[12:28.360 --> 12:29.640]  to appear before a magistrate.
[12:29.640 --> 12:30.840]  So you can say, OK, I'm here.
[12:30.840 --> 12:32.040]  Where's the magistrate?
[12:32.040 --> 12:33.720]  And they're going to say, well, you're
[12:33.720 --> 12:34.640]  summoned to make a plea.
[12:34.640 --> 12:36.520]  And it's like, well, no.
[12:36.520 --> 12:39.200]  I'm summoned to appear before a magistrate.
[12:39.200 --> 12:40.520]  So let me see the magistrate.
[12:40.520 --> 12:42.480]  And then you can make your argument if they let
[12:42.480 --> 12:44.880]  you see a magistrate, which they probably won't.
[12:44.880 --> 12:48.000]  But if they do, then you can make the argument
[12:48.000 --> 12:50.160]  that this is a bogus charge.
[12:50.160 --> 12:52.480]  What statute is this?
[12:52.480 --> 12:53.760]  Just drop the whole thing.
[12:53.760 --> 12:56.000]  Let's just make it all go away right now.
[12:56.000 --> 12:58.960]  That's what's going on right now with a young lady I'm
[12:58.960 --> 13:01.160]  helping by the name of Marnie, who
[13:01.160 --> 13:03.640]  I hope she'll be calling in here shortly because she was down
[13:03.640 --> 13:04.880]  at the court today.
[13:04.880 --> 13:07.080]  But yesterday, when I had her go down there,
[13:07.080 --> 13:10.960]  they told her flat out that they were not
[13:10.960 --> 13:14.680]  going to accept her motion as an appearance.
[13:14.680 --> 13:18.400]  But if she did not come back the next day, which was the day
[13:18.400 --> 13:21.560]  she was supposed to appear, even if she did come back,
[13:21.560 --> 13:24.360]  she still was not going to be allowed to see a magistrate,
[13:24.360 --> 13:27.480]  even though she was there on her appearance date.
[13:27.480 --> 13:30.080]  All the clerk wanted from her was a plea.
[13:30.080 --> 13:30.960]  That's all.
[13:30.960 --> 13:33.880]  And even tried twice to trick her
[13:33.880 --> 13:36.280]  into signing the little electronic screen
[13:36.280 --> 13:37.480]  and entering a plea.
[13:37.480 --> 13:39.080]  Did she?
[13:39.080 --> 13:40.000]  No, she didn't.
[13:40.000 --> 13:44.440]  And ball face lied to her that by signing this,
[13:44.440 --> 13:48.120]  she was not entering a plea, even though when he printed it
[13:48.120 --> 13:50.760]  out and showed it to her, it specifically
[13:50.760 --> 13:54.560]  said the plea of not guilty is hereby entered.
[13:54.560 --> 13:55.800]  Oh, goodness.
[13:55.800 --> 13:58.760]  Was she able to file her documents?
[13:58.760 --> 14:01.240]  That's what I was hoping for her to call in and talk to us
[14:01.240 --> 14:02.920]  about if she calls us.
[14:02.920 --> 14:04.240]  But I think so, yes.
[14:04.240 --> 14:06.480]  Well, look, even if the clerk is going to say,
[14:06.480 --> 14:09.440]  we're not going to consider this an appearance,
[14:09.440 --> 14:12.880]  it obviously is an appearance because you're there
[14:12.880 --> 14:17.240]  for one thing, and you're filing something for another thing.
[14:17.240 --> 14:19.520]  And that is just standard.
[14:19.520 --> 14:23.520]  That filing a document equals an appearance.
[14:23.520 --> 14:25.680]  OK, that equals an appearance.
[14:25.680 --> 14:27.960]  And so even if the clerk wants to lie and say,
[14:27.960 --> 14:29.760]  we're not going to consider it an appearance,
[14:29.760 --> 14:32.440]  well, just file the document anyway.
[14:32.440 --> 14:36.120]  And if the court wants to come forth with a failure
[14:36.120 --> 14:39.040]  to appear after you've filed something
[14:39.040 --> 14:42.760]  and you've got a file stamp copy of the document,
[14:42.760 --> 14:45.440]  well, then there are remedies after that.
[14:45.440 --> 14:47.600]  I've never even heard of that.
[14:47.600 --> 14:49.200]  Here's the problem.
[14:49.200 --> 14:52.360]  It appears as though the clerk is
[14:52.360 --> 14:55.520]  impersonating a judicial officer.
[14:55.520 --> 14:57.800]  And an attorney, for that matter, giving legal advice.
[14:57.800 --> 14:59.160]  Doing legal advice.
[14:59.160 --> 15:01.000]  Make the accusations.
[15:01.000 --> 15:03.200]  They want to make accusations against you,
[15:03.200 --> 15:04.680]  you make them against them.
[15:04.680 --> 15:06.680]  It gets real interesting that way.
[15:06.680 --> 15:11.320]  I've never heard of a situation where the court hands down
[15:11.320 --> 15:15.840]  a failure to appear when somebody filed a document
[15:15.840 --> 15:16.960]  on the honor before date.
[15:16.960 --> 15:19.040]  I've just never even heard that.
[15:19.040 --> 15:21.040]  I've never even heard of that.
[15:21.040 --> 15:22.280]  I've never heard of that.
[15:22.280 --> 15:25.120]  I mean, a clerk may say that, but it doesn't really
[15:25.120 --> 15:26.360]  matter what the clerk says.
[15:26.360 --> 15:29.120]  OK, any more questions?
[15:29.120 --> 15:29.920]  Or do we end?
[15:29.920 --> 15:30.880]  No, I guess that was it.
[15:30.880 --> 15:31.480]  I appreciate it.
[15:31.480 --> 15:32.000]  Thank you.
[15:32.000 --> 15:33.920]  OK, thanks, Jason.
[15:33.920 --> 15:37.680]  OK, we're going now to Dawn Kennedy in Georgia,
[15:37.680 --> 15:38.960]  one of our previous guests.
[15:38.960 --> 15:40.160]  Dawn, thanks for calling in.
[15:40.160 --> 15:41.800]  What's on your mind tonight?
[15:41.800 --> 15:42.280]  Hi.
[15:42.280 --> 15:42.760]  Good evening.
[15:42.760 --> 15:43.560]  How are you?
[15:43.560 --> 15:44.800]  Good.
[15:44.800 --> 15:45.520]  Good, thanks.
[15:45.520 --> 15:47.720]  I just had a couple of comments, primarily
[15:47.720 --> 15:51.480]  for the people who are calling in about California.
[15:51.480 --> 15:54.280]  I asked what does the MPD do?
[15:54.280 --> 15:58.320]  I asked what does the MPRE, the Multistate Professional
[15:58.320 --> 16:00.080]  Responsibility Exam.
[16:00.080 --> 16:02.000]  In Texas, it's 85 or higher.
[16:02.000 --> 16:03.760]  In California, it's 86 or higher.
[16:03.760 --> 16:06.520]  And I know that there has been some conversation
[16:06.520 --> 16:09.280]  about plain grievances.
[16:09.280 --> 16:11.280]  For the people in California, the grievances
[16:11.280 --> 16:16.680]  can be easily filed without any necessary,
[16:16.680 --> 16:19.320]  I guess you want to have cause, but primarily you
[16:19.320 --> 16:26.280]  can call 1-888-875-LAWS, or that would be 5297.
[16:26.280 --> 16:28.160]  And that would get you directly to somebody
[16:28.160 --> 16:30.240]  who can help you file a grievance.
[16:30.240 --> 16:32.520]  I suppose it's an ethical problem.
[16:32.520 --> 16:35.080]  It sounds like some of your callers have had some issues.
[16:35.080 --> 16:36.480]  Recently, we had some attorneys who
[16:36.480 --> 16:40.360]  were taking some retainers and not doing any work.
[16:40.360 --> 16:42.960]  All right, Dawn, just hang on the line there, OK?
[16:42.960 --> 16:43.640]  All right, ma'am.
[16:43.640 --> 16:46.040]  All right, we'll be right back.
[16:46.040 --> 16:50.800]  Callers, we'd like to call in 512-646-1984.
[16:50.800 --> 16:52.720]  We're on our four-hour info marathon
[16:52.720 --> 16:55.320]  here on ruleoflawradio.com.
[16:55.320 --> 16:56.080]  We'll be right back.
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[17:04.480 --> 17:07.280]  for rare coins, precious metals, and coin supplies
[17:07.280 --> 17:09.200]  in the Austin metro area.
[17:09.200 --> 17:11.240]  We also ship worldwide.
[17:11.240 --> 17:13.400]  We are a family-owned and operated business
[17:13.400 --> 17:15.800]  that offers competitive prices on your coin and metals
[17:15.800 --> 17:16.760]  purchases.
[17:16.760 --> 17:20.680]  We buy, sell, trade, and consign rare coins, gold and silver
[17:20.680 --> 17:23.840]  coin collections, precious metals, and scrap gold.
[17:23.840 --> 17:27.440]  We will purchase and sell gold and jewelry items as well.
[17:27.440 --> 17:30.040]  We offer daily specials on coins and bullion.
[17:30.040 --> 17:34.320]  We're located at 5448 Burnett Road, Suite 3.
[17:34.320 --> 17:37.560]  And we're open Monday through Friday, 10 AM to 6 PM,
[17:37.560 --> 17:40.000]  Saturdays, 10 AM to 5 PM.
[17:40.000 --> 17:41.520]  You are welcome to stop in our shop
[17:41.520 --> 17:47.400]  during regular business hours or call 512-646-6440
[17:47.400 --> 17:48.680]  with any questions.
[17:48.680 --> 17:51.880]  Ask for Chad and say you heard about us on Rule of Law Radio
[17:51.880 --> 17:53.400]  or 90.1 FM.
[17:53.400 --> 18:00.400]  That's Capital Coin and Bullion, 512-646-6440.
[18:00.400 --> 18:03.440]  Are you being harassed by debt collectors with phone calls,
[18:03.440 --> 18:05.440]  letters, or even losses?
[18:05.440 --> 18:09.200]  Stop debt collectors now with the Michael Mears proven method.
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[18:11.920 --> 18:14.800]  against debt collectors, and now you can win two.
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[18:16.520 --> 18:19.840]  in plain English on how to win in court using federal civil
[18:19.840 --> 18:23.560]  rights statutes, what to do when contacted by phone, mail,
[18:23.560 --> 18:26.680]  or court summons, how to answer letters and phone calls,
[18:26.680 --> 18:29.280]  how to get debt collectors out of your credit reports,
[18:29.280 --> 18:31.200]  how to turn the financial tables on them
[18:31.200 --> 18:33.960]  and make them pay you to go away.
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[18:36.880 --> 18:38.800]  for how to stop debt collectors.
[18:38.800 --> 18:41.200]  Personal consultation is available as well.
[18:41.200 --> 18:44.600]  For more information, please visit ruleoflawradio.com
[18:44.600 --> 18:46.840]  and click on the blue Michael Mears banner,
[18:46.840 --> 18:49.600]  or email michaelmears at yahoo.com.
[18:49.600 --> 18:52.680]  That's ruleoflawradio.com, or email
[18:52.680 --> 18:57.440]  m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[18:57.440 --> 19:02.200]  to learn how to stop debt collectors now.
[19:02.200 --> 19:04.720]  Well, don't let nothing get to you.
[19:04.720 --> 19:07.160]  Only the power of can deliver you.
[19:07.160 --> 19:10.920]  But don't let bad-minded people hurt you until states
[19:10.920 --> 19:13.600]  can get behind you.
[19:13.600 --> 19:15.000]  Know what I mean?
[19:15.000 --> 19:17.880]  My friend, and all of your churches.
[19:17.880 --> 19:18.380]  Come on.
[19:18.380 --> 19:22.680]  Those things have had me free, telling you probably
[19:22.680 --> 19:27.160]  I'm dead, calling his name once again.
[19:27.160 --> 19:29.120]  Every call you know, you always say.
[19:29.120 --> 19:32.280]  All right, folks, we're taking your calls.
[19:32.280 --> 19:37.000]  Right now, we are speaking with Don in Georgia.
[19:37.000 --> 19:38.640]  Don Kennedy?
[19:38.640 --> 19:41.080]  OK, go ahead, Don.
[19:41.080 --> 19:42.280]  Hi, good evening.
[19:42.280 --> 19:44.560]  I just wanted to bring up a little bit of a topic.
[19:44.560 --> 19:46.800]  I've heard a couple of talks about attorneys
[19:46.800 --> 19:47.720]  in different states.
[19:47.720 --> 19:52.720]  And there is an attorney exam, the Multi-State Professional
[19:52.720 --> 19:56.320]  Responsibilities Exam, and in each state it's required.
[19:56.320 --> 19:59.120]  And if attorneys are not abiding by those,
[19:59.120 --> 20:01.080]  there are different pamphlets available
[20:01.080 --> 20:03.760]  that talks about what's expected from those attorneys.
[20:03.760 --> 20:04.960]  And if you're not meeting those, I
[20:04.960 --> 20:07.280]  know that there's a lot of conversation
[20:07.280 --> 20:09.320]  about filing bar grievances.
[20:09.320 --> 20:11.520]  But if you are looking for the information
[20:11.520 --> 20:13.640]  that you need in order to file those grievances,
[20:13.640 --> 20:14.960]  they are available online.
[20:19.160 --> 20:21.840]  Absolutely.
[20:21.840 --> 20:24.400]  For California specifically, there's
[20:24.400 --> 20:27.120]  a number that you can call.
[20:27.120 --> 20:29.640]  I've heard a couple of people talk about California.
[20:29.640 --> 20:32.520]  And one of them is an 800 number.
[20:32.520 --> 20:37.960]  It's an 888-875-5297 or 875 law.
[20:37.960 --> 20:39.520]  And if you have a grievance, you can
[20:39.520 --> 20:42.720]  file them against any attorney in the state who is not filing
[20:42.720 --> 20:47.120]  or is not following the ethical requirements,
[20:47.120 --> 20:51.240]  taking a retainer and not filing papers or doing anything
[20:51.240 --> 20:54.520]  that could be considered suspect.
[20:54.520 --> 20:56.600]  I would encourage any of your listeners
[20:56.600 --> 20:59.160]  to go ahead and file against or look
[20:59.160 --> 21:01.760]  into anything suspect against an attorney.
[21:01.760 --> 21:05.600]  They are required by law to file those MPRE
[21:05.600 --> 21:07.760]  or those Multi-State Professional Responsibility
[21:07.760 --> 21:09.640]  Exam requirements.
[21:09.640 --> 21:13.400]  And they're required ethically through every single state.
[21:13.400 --> 21:14.600]  This is not something new.
[21:14.600 --> 21:17.000]  This is something that maybe you people aren't aware of.
[21:17.000 --> 21:20.520]  The requirements are the same, though, in every single state.
[21:20.520 --> 21:26.080]  Yes, the problem is you and I, in each and all of us,
[21:26.080 --> 21:29.360]  we haven't been doing our job.
[21:29.360 --> 21:33.760]  And holding these people speak to the fire.
[21:33.760 --> 21:37.760]  If we did, it would be easier for the honest attorneys
[21:37.760 --> 21:40.320]  because those attorneys who try to go out there
[21:40.320 --> 21:45.320]  and be good ethical attorneys are up against attorneys
[21:45.320 --> 21:48.000]  who have no rules.
[21:48.000 --> 21:50.720]  So they're overmatched.
[21:50.720 --> 21:54.000]  We need to level the playing field.
[21:54.000 --> 21:54.640]  Absolutely.
[21:54.640 --> 21:59.040]  There is a Texas website called Texas Ethics
[21:59.040 --> 22:05.160]  org, that's T-S-E-T-H-I-C-S, TexasEthics.org,
[22:05.160 --> 22:08.160]  that'll talk about all of the ethical requirements
[22:08.160 --> 22:10.080]  for attorneys, even in your jurisdiction.
[22:14.400 --> 22:15.960]  All the rules are listed there, too.
[22:15.960 --> 22:18.920]  And if there's any attorney that is working against that,
[22:18.920 --> 22:20.960]  it makes everybody look bad.
[22:20.960 --> 22:24.040]  And it makes all the attorneys really unaffected.
[22:24.040 --> 22:26.400]  And they should be working for the population.
[22:26.400 --> 22:28.160]  And they're not.
[22:28.160 --> 22:28.680]  Right.
[22:28.680 --> 22:32.600]  And we need to help the attorneys.
[22:32.600 --> 22:35.360]  I come from Wise County, Texas.
[22:35.360 --> 22:43.320]  And at first, the police there were really concerned about me
[22:43.320 --> 22:47.200]  because I would go right after them.
[22:47.200 --> 22:48.480]  I'd take them to the courts.
[22:48.480 --> 22:51.240]  I'd take them to the Justice of the Peace.
[22:51.240 --> 22:54.040]  I'd take them to the grand jury.
[22:54.040 --> 22:59.240]  But they finally figured out that I was on their side.
[22:59.240 --> 23:03.160]  Because when they're looking at having to deal with me,
[23:03.160 --> 23:06.240]  when the sheriff tells them to do something improper,
[23:06.240 --> 23:10.000]  they can say, oh, whoa, hold on here.
[23:10.000 --> 23:12.360]  You want to do that, you go do it.
[23:12.360 --> 23:14.360]  But that no-good Kelton scoundrel
[23:14.360 --> 23:17.320]  would drag me in front of a grand jury.
[23:17.320 --> 23:21.240]  I'm not giving up my career to do some scoundrel nonsense
[23:21.240 --> 23:24.000]  because you're ordering me to.
[23:24.000 --> 23:27.320]  We need to protect our public officials.
[23:27.320 --> 23:32.000]  We have more of them out there that want to do the right thing.
[23:32.000 --> 23:34.200]  But they're in a corrupt system.
[23:34.200 --> 23:36.920]  And we haven't fixed it.
[23:36.920 --> 23:40.200]  So we need to go out there and fix it.
[23:40.200 --> 23:43.440]  And the only reason we haven't fixed it
[23:43.440 --> 23:47.680]  is we don't realize how much fun it is.
[23:47.680 --> 23:52.600]  You go in there as a private citizen.
[23:52.600 --> 23:57.360]  You get to rail in righteous indignation.
[23:57.360 --> 24:01.840]  And if anyone so much as frowns at me,
[24:01.840 --> 24:03.800]  I start filing criminal complaints against them.
[24:03.800 --> 24:05.600]  I call 911 on them.
[24:05.600 --> 24:07.720]  Here I'm down here trying to do the right thing.
[24:07.720 --> 24:11.880]  And he's threatening me to try to obstruct justice.
[24:11.880 --> 24:13.680]  And oh, it's a hoot.
[24:13.680 --> 24:17.440]  You just haven't lived until you've done this once or twice.
[24:17.440 --> 24:19.120]  And once you've done it once or twice,
[24:19.120 --> 24:24.600]  you realize we really are the power in the system.
[24:24.600 --> 24:27.840]  We just forgot who we are.
[24:27.840 --> 24:30.400]  So absolutely file a bar grievance
[24:30.400 --> 24:32.320]  any time it's appropriate.
[24:32.320 --> 24:33.640]  Absolutely.
[24:33.640 --> 24:38.480]  Even though I say you can file a bar grievance that has no basis
[24:38.480 --> 24:41.640]  and it will still harm the attorney,
[24:41.640 --> 24:45.680]  I do not suggest that we crawl in the same trough they all
[24:45.680 --> 24:48.680]  slop out of.
[24:48.680 --> 24:49.800]  You know, it's funny.
[24:49.800 --> 24:53.000]  Under texasethics.org, there is no place
[24:53.000 --> 24:56.200]  where it lists the attorneys who are involved in this.
[24:56.200 --> 24:59.000]  It talks about clinic complaints or client complaints,
[24:59.000 --> 25:03.040]  I'm sorry, and then some of the neglect and competence issues
[25:03.040 --> 25:03.960]  that are going on.
[25:03.960 --> 25:08.480]  And there is a website dedicated to ethics in Texas.
[25:08.480 --> 25:11.480]  And there's one dedicated to ethics in California.
[25:11.480 --> 25:13.640]  California is where I'm most concerned,
[25:13.640 --> 25:15.300]  only because I'm going to school there.
[25:15.300 --> 25:18.880]  But if you get a chance to look at the Texas Center
[25:18.880 --> 25:21.720]  for Legal Ethics, professionalism and practice,
[25:21.720 --> 25:24.800]  it'll give you an idea of really what they're looking for.
[25:24.800 --> 25:27.480]  It's funny, though, they don't list
[25:27.480 --> 25:30.200]  the attorneys who abide by that.
[25:30.200 --> 25:34.600]  And I know that that's something that maybe they should do.
[25:34.600 --> 25:36.240]  Not only the attorneys, but I know
[25:36.240 --> 25:39.160]  the judges are something that you frequently
[25:39.160 --> 25:41.080]  go after because they don't abide by them
[25:41.080 --> 25:43.880]  in your jurisdictions.
[25:43.880 --> 25:46.480]  Right, and in California, in California,
[25:46.480 --> 25:50.800]  they list, they publicize all of the bar grievances.
[25:50.800 --> 25:54.080]  Just recently here in Texas, they
[25:54.080 --> 25:59.320]  removed the prohibition against revealing
[25:59.320 --> 26:01.760]  the fact of a bar grievance.
[26:01.760 --> 26:05.120]  It used to be once you filed a grievance, it became secret.
[26:05.120 --> 26:06.160]  You couldn't reveal it.
[26:06.160 --> 26:08.800]  In Nevada, it's a felony.
[26:08.800 --> 26:13.400]  But in Texas, they've recently removed that prohibition.
[26:13.400 --> 26:16.440]  There's no such prohibition in California.
[26:16.440 --> 26:18.680]  And they actually publish the bar grievances,
[26:18.680 --> 26:20.720]  which is a great thing.
[26:20.720 --> 26:21.640]  Yeah, that's wonderful.
[26:21.640 --> 26:24.000]  At calbar.org, you can find everybody
[26:24.000 --> 26:26.320]  who's had any kind of discipline action, including
[26:26.320 --> 26:29.120]  those who are suspended and those who have received
[26:29.120 --> 26:33.680]  a disciplinary action that is close to disbarment.
[26:33.680 --> 26:36.280]  I don't know if they're actually publishing disbarment anymore,
[26:36.280 --> 26:37.600]  if that's on a different website.
[26:37.600 --> 26:41.360]  But you don't necessarily always need professional help.
[26:41.360 --> 26:44.360]  But if you do, it's always good to go out there and look first
[26:44.360 --> 26:47.240]  and make sure that those attorneys are following
[26:47.240 --> 26:50.400]  those MPRE guidelines, ethics guidelines,
[26:50.400 --> 26:52.600]  and making sure they're doing the right thing
[26:52.600 --> 26:53.400]  for the clients.
[26:53.400 --> 26:59.000]  You guys are out there promoting that people go and do things
[26:59.000 --> 27:00.080]  the right way.
[27:00.080 --> 27:02.920]  And if they do need professional help in any way, shape,
[27:02.920 --> 27:04.480]  or form, they have to have a resource
[27:04.480 --> 27:07.760]  to go to make sure they're not going to some shite or somewhere.
[27:07.760 --> 27:08.760]  Exactly.
[27:08.760 --> 27:13.960]  Trust everybody, but always check.
[27:13.960 --> 27:15.720]  Yes, sir.
[27:15.720 --> 27:17.360]  And this is our duty.
[27:17.360 --> 27:26.120]  And we don't do it because we're somehow untrusting or contrary.
[27:26.120 --> 27:29.880]  This is how we keep everybody honest.
[27:29.880 --> 27:32.600]  And you and I, we're the sovereigns.
[27:32.600 --> 27:34.840]  It's our duty.
[27:34.840 --> 27:37.520]  Besides, it's fun.
[27:37.520 --> 27:41.240]  Absolutely, you'll have a great time once you learn
[27:41.240 --> 27:44.720]  that all of this stuff you get down at the court
[27:44.720 --> 27:48.160]  is all fluff and bluster.
[27:48.160 --> 27:49.760]  When you go in there and you don't
[27:49.760 --> 27:52.960]  have an allegation against you, all they're doing
[27:52.960 --> 27:58.440]  is a lot of song and dance and seltzer down your pants.
[27:58.440 --> 28:00.600]  No matter what they do, there's something
[28:00.600 --> 28:02.360]  you can come back at them with.
[28:02.360 --> 28:05.760]  And everything they do to interfere with you
[28:05.760 --> 28:08.560]  makes their position worse.
[28:08.560 --> 28:13.520]  If we can get a couple of people in every county
[28:13.520 --> 28:18.400]  that figures this out and really begins
[28:18.400 --> 28:22.640]  to understand the power of their personal sovereignty,
[28:22.640 --> 28:24.560]  we will change this whole system.
[28:27.240 --> 28:29.840]  Just think, if you had a position and you
[28:29.840 --> 28:32.840]  knew there were two guys out there that are just
[28:32.840 --> 28:35.360]  looking for you to do something so they can try
[28:35.360 --> 28:40.280]  to get you thrown out, you ought to be careful.
[28:40.280 --> 28:42.160]  Go ahead, Dawn, I interrupted you.
[28:42.160 --> 28:43.240]  Oh, no, you're fine.
[28:43.240 --> 28:44.160]  Absolutely.
[28:44.160 --> 28:47.080]  I mean, there are articles out here and things
[28:47.080 --> 28:49.960]  about what people should be doing for you as an advocate.
[28:49.960 --> 28:53.680]  And if you advocate for yourself with the same passion
[28:53.680 --> 28:56.000]  as you expect the professional community to do for you,
[28:56.000 --> 28:57.400]  you'll be fine.
[28:57.400 --> 28:59.680]  But people don't understand from A to Z
[28:59.680 --> 29:01.400]  what an advocate is supposed to do.
[29:01.400 --> 29:04.640]  And it's so much more than just filing papers or making briefs.
[29:04.640 --> 29:07.720]  And if you go down to different websites
[29:07.720 --> 29:10.840]  and you look at what an advocate really is,
[29:10.840 --> 29:13.760]  and people accept that and they embrace it,
[29:13.760 --> 29:17.520]  and they take those not only just the minimum steps
[29:17.520 --> 29:19.720]  of filing papers or going to court on time,
[29:19.720 --> 29:23.120]  but they really actively take a role,
[29:23.120 --> 29:25.280]  then we can change this system.
[29:25.280 --> 29:29.200]  And I actively hope to change this system, even as a student.
[29:29.200 --> 29:32.960]  I'm involved in every agency and every organization
[29:32.960 --> 29:36.680]  legally allowed to at this time, because I agree with you.
[29:36.680 --> 29:39.680]  You're what's going to help us change the system.
[29:39.680 --> 29:40.560]  Thanks, Dawn.
[29:40.560 --> 29:42.200]  We really appreciate that.
[29:42.200 --> 29:44.680]  Do I meet great people in airports or what?
[29:47.480 --> 29:49.040]  Thank you for everything you're doing, Dawn.
[29:49.040 --> 29:50.800]  It's awesome.
[29:50.800 --> 29:51.440]  Thank you.
[29:51.440 --> 29:52.320]  I love it.
[29:52.320 --> 29:53.560]  OK, when we get back, we're going
[29:53.560 --> 29:56.000]  to continue on to more of your phone calls.
[29:56.000 --> 29:57.560]  This is ruleoflawradio.com.
[29:57.560 --> 30:00.840]  Come down and enjoy Austin's own piece of the Caribbean,
[30:00.840 --> 30:02.680]  right on the banks of the Colorado River.
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[30:22.720 --> 30:24.720]  All right, also link up at One Love Kitchen,
[30:24.720 --> 30:27.800]  that's OneLoveKitchen.net.
[30:27.800 --> 30:31.160]  Pesticides and pathogens on produce, yuck.
[30:31.160 --> 30:32.960]  It's a pesky problem, but scientists
[30:32.960 --> 30:35.400]  say there's a simple solution to this health hazard right
[30:35.400 --> 30:36.400]  in your own home.
[30:36.400 --> 30:38.000]  I'm Dr. Catherine Albrecht, and I'll
[30:38.000 --> 30:40.360]  tell you about a frugal fruit and vegetable fix
[30:40.360 --> 30:41.560]  in just a moment.
[30:41.560 --> 30:43.640]  Your search engine is watching you,
[30:43.640 --> 30:46.000]  recording all your searches and creating
[30:46.000 --> 30:48.840]  a massive database of your personal information.
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[30:49.840 --> 30:52.000]  But it doesn't have to be that way.
[30:52.000 --> 30:55.160]  StartPage.com is the world's most private search engine.
[30:55.160 --> 30:57.320]  StartPage doesn't store your IP address,
[30:57.320 --> 30:59.880]  make a record of your searches, or use tracking cookies,
[30:59.880 --> 31:01.520]  and they're third party certified.
[31:01.520 --> 31:03.960]  If you don't like Big Brother spying on you,
[31:03.960 --> 31:05.880]  start over with StartPage.
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[31:11.920 --> 31:14.400]  Pesticides on produce, yuck.
[31:14.400 --> 31:16.680]  Going organic helps, but dirt and pathogens
[31:16.680 --> 31:18.480]  can still be a health hazard.
[31:18.480 --> 31:20.280]  Researchers were able to find a way
[31:20.280 --> 31:22.280]  to make a healthy product, but it's
[31:22.280 --> 31:23.640]  not really a health hazard.
[31:23.640 --> 31:25.520]  Researchers recommend a simple remedy,
[31:25.520 --> 31:28.360]  and you probably already have the ingredients you need right
[31:28.360 --> 31:28.960]  at home.
[31:28.960 --> 31:31.000]  Just fill a spray bottle with one part vinegar
[31:31.000 --> 31:32.520]  to nine parts water.
[31:32.520 --> 31:34.080]  Studies show this simple solution
[31:34.080 --> 31:36.720]  removes over 90% of bacteria from items
[31:36.720 --> 31:38.400]  like strawberries and lettuce.
[31:38.400 --> 31:41.280]  Follow with a 30 second wash under cold tap water,
[31:41.280 --> 31:43.560]  rubbing or scrubbing firm skin produce.
[31:43.560 --> 31:45.600]  The water removes the vinegar and the friction
[31:45.600 --> 31:47.960]  will reduce any pesticide residues.
[31:47.960 --> 31:50.440]  It's just as effective as those pricey fruit and vegetable
[31:50.440 --> 31:53.280]  washes, and it costs a whole lot less.
[31:53.280 --> 31:54.480]  I'm Dr. Catherine Albrecht.
[31:54.480 --> 31:57.440]  More news and information at CatherineAlbrecht.com.
[31:57.440 --> 32:20.920]  OK, folks, we're taking your calls.
[32:20.920 --> 32:23.200]  We're going now to Anthony in Texas.
[32:23.200 --> 32:25.520]  Anthony, thanks for calling in.
[32:25.520 --> 32:28.080]  What's on your mind tonight?
[32:28.080 --> 32:31.680]  Yes, I was in an incident with my buddy
[32:31.680 --> 32:34.400]  where they found marijuana in my car,
[32:34.400 --> 32:38.000]  and they arrested us and didn't follow due process.
[32:38.000 --> 32:40.840]  And we had an arraignment a week ago,
[32:40.840 --> 32:44.440]  and I asked for a court appointed attorney,
[32:44.440 --> 32:47.720]  and now I'm asking how would I get him to control him
[32:47.720 --> 32:52.960]  to do what I want him to do and not what the courts want.
[32:52.960 --> 32:54.760]  OK, well, the first thing is why do you
[32:54.760 --> 32:57.280]  say that you were denied due process?
[32:57.280 --> 33:01.440]  I'm not doubting that you were, but what is your reasoning?
[33:01.440 --> 33:06.280]  Because I was arrested, taken to Portland Police Department,
[33:06.280 --> 33:11.600]  then transferred in the morning to the county jail,
[33:11.600 --> 33:14.440]  and then I had a bond hearing, and then I
[33:14.440 --> 33:17.280]  was released after paying the bond.
[33:17.280 --> 33:19.080]  And what state are you in?
[33:19.080 --> 33:21.400]  Texas.
[33:21.400 --> 33:26.400]  OK, Ramey.
[33:26.400 --> 33:31.640]  So your bond hearing, was that before a magistrate?
[33:31.640 --> 33:32.600]  Yes.
[33:32.600 --> 33:34.880]  When you got before the magistrate,
[33:34.880 --> 33:38.000]  did the magistrate have a folder in front of him
[33:38.000 --> 33:40.920]  with information about you in that folder?
[33:40.920 --> 33:42.880]  Yes, yes, she did.
[33:42.880 --> 33:44.360]  Where did you get that?
[33:44.360 --> 33:47.160]  I don't know, but I did get a copy of it
[33:47.160 --> 33:51.120]  whenever I had my hearing or my arraignment.
[33:51.120 --> 33:57.200]  Well, it appears as though there was a examining trial held.
[33:57.200 --> 33:58.240]  Ex parte.
[33:58.240 --> 34:00.280]  Ex parte.
[34:00.280 --> 34:04.160]  Somebody entered evidence into the court
[34:04.160 --> 34:06.440]  without giving you an opportunity
[34:06.440 --> 34:10.040]  to object to the evidence.
[34:10.040 --> 34:13.840]  And that violates 16.04, Code of Criminal Procedure.
[34:13.840 --> 34:15.440]  So you have a number of issues.
[34:15.440 --> 34:21.160]  Yes, and I was asking my attorney the motion to file,
[34:21.160 --> 34:23.840]  and I was asking the motion to dismiss you,
[34:23.840 --> 34:26.480]  because they failed to follow due process.
[34:26.480 --> 34:28.440]  And he said, the only thing I see
[34:28.440 --> 34:31.480]  that we can file a motion against is to suppress evidence.
[34:31.480 --> 34:34.080]  But looking at the offense report,
[34:34.080 --> 34:36.760]  it looks like the evidence that's against you
[34:36.760 --> 34:40.200]  is very bad, and that you would probably just have
[34:40.200 --> 34:42.200]  to take probation or something.
[34:42.200 --> 34:43.200]  That's true.
[34:43.200 --> 34:45.760]  Take probation or something like that.
[34:45.760 --> 34:47.960]  That's what they pay the attorney to do.
[34:47.960 --> 34:49.560]  Yes, that's what I'm asking, however.
[34:49.560 --> 34:51.800]  And then you're going to have a criminal drug conviction
[34:51.800 --> 34:53.320]  on your record forever.
[34:53.320 --> 34:54.760]  Yes, and I do not want that.
[34:54.760 --> 35:00.440]  Send me an email, and I'll send you a set of motions
[35:00.440 --> 35:04.080]  that I've made up a long time ago that you can file in the case.
[35:04.080 --> 35:09.000]  You give it to your attorney and tell him, file these.
[35:09.000 --> 35:10.400]  Adjudicate these.
[35:10.400 --> 35:12.680]  And he's going to say, I'm not going to file these.
[35:12.680 --> 35:15.400]  And then you say, well, that's up to you.
[35:15.400 --> 35:21.520]  But they have 21 due process violations claimed in them.
[35:21.520 --> 35:24.520]  And I'll file a bar of grievance against you for each one.
[35:24.520 --> 35:28.080]  Randy, aren't those motions already on jurisprudence?
[35:28.080 --> 35:30.360]  I think they are, but I'm not sure exactly
[35:30.360 --> 35:33.760]  where to tell him to look.
[35:33.760 --> 35:36.360]  Because I was calling him to set up a meeting,
[35:36.360 --> 35:39.280]  and I was asking for the motion dismissed.
[35:39.280 --> 35:41.920]  And I told him why, because article 4.
[35:41.920 --> 35:46.520]  I mean, yeah, article 1406 is that the arresting officer
[35:46.520 --> 35:49.440]  has the duty to take me before a magistrate, which he did not.
[35:49.440 --> 35:51.200]  And he said, no, that doesn't pertain to you
[35:51.200 --> 35:54.400]  because you're not a juvenile or something like that.
[35:54.400 --> 35:57.480]  And then he started telling me, you're just
[35:57.480 --> 35:59.640]  trying to act like you know what you're talking about.
[35:59.640 --> 36:02.160]  I've been in law for 10 years.
[36:02.160 --> 36:05.040]  OK, you tell him, well, maybe I don't.
[36:05.040 --> 36:08.040]  But I do know how to write a bar of grievance.
[36:08.040 --> 36:10.120]  But I don't want to say that yet until I meet with him
[36:10.120 --> 36:14.360]  face to face to make sure that he does what I want.
[36:14.360 --> 36:20.120]  Just tell him, 21 due process violations, 21 bar grievances,
[36:20.120 --> 36:22.040]  your call.
[36:22.040 --> 36:27.000]  I did this to my attorney, and it terrified him.
[36:27.000 --> 36:29.160]  And he did everything he could to get me off.
[36:29.160 --> 36:33.200]  He actually got to be a good attorney.
[36:33.200 --> 36:34.680]  He actually did what you wanted?
[36:34.680 --> 36:36.720]  Yes, he did.
[36:36.720 --> 36:38.120]  OK.
[36:38.120 --> 36:40.920]  He was clearly terrified.
[36:40.920 --> 36:42.800]  OK, so he's going to know what I'm talking
[36:42.800 --> 36:44.040]  about when I say that.
[36:44.040 --> 36:46.280]  Yes, he is.
[36:46.280 --> 36:48.160]  And he may give you some song and dance.
[36:48.160 --> 36:50.800]  And you say, if he said, well, you can't file a bar of grievance,
[36:50.800 --> 36:54.240]  well, we'll see what the bar says about that.
[36:54.240 --> 36:58.000]  And I was wondering about notice and demand.
[36:58.000 --> 36:58.760]  Like, that's it.
[36:58.760 --> 37:02.800]  OK, yes, I will send you the notice and demand.
[37:02.800 --> 37:04.600]  OK.
[37:04.600 --> 37:11.840]  What you may have to do is, if this attorney asks to be removed.
[37:11.840 --> 37:12.840]  Bar grievance, right?
[37:12.840 --> 37:15.600]  Yeah, bar grieve him, and then demand
[37:15.600 --> 37:18.160]  that the court appoint you another counsel.
[37:18.160 --> 37:22.520]  But when they remove him, when he gets removed,
[37:22.520 --> 37:24.600]  you hit the court immediately.
[37:24.600 --> 37:27.920]  You go to the clerk and file all these motions.
[37:27.920 --> 37:28.640]  OK.
[37:28.640 --> 37:31.640]  He's going to claim you can't file him while you have attorneys.
[37:31.640 --> 37:33.680]  The court's going to claim you can't file him
[37:33.680 --> 37:34.840]  while you have an attorney.
[37:34.840 --> 37:35.600]  Only he can do it.
[37:35.600 --> 37:36.280]  That's nonsense.
[37:36.280 --> 37:37.680]  They made that up.
[37:37.680 --> 37:39.840]  I can file a motion no matter what, right?
[37:39.840 --> 37:40.840]  Right.
[37:40.840 --> 37:43.800]  But in order to avoid that argument,
[37:43.800 --> 37:47.440]  if you file a couple bar grievances against this guy,
[37:47.440 --> 37:51.480]  he's going to run to the court and ask to be removed.
[37:51.480 --> 37:52.920]  And let him.
[37:52.920 --> 37:57.000]  And the object, you know, oh, he's my counsel of choice.
[37:57.000 --> 37:58.360]  Don't you dare remove him.
[37:58.360 --> 38:00.800]  And then remove him anyway.
[38:00.800 --> 38:04.560]  And then you file a complaint against the judge for interfering
[38:04.560 --> 38:06.880]  with a private contract, demand that they appoint
[38:06.880 --> 38:10.600]  you a counsel of your choice, and find
[38:10.600 --> 38:13.360]  the most expensive counsel in town,
[38:13.360 --> 38:17.920]  and demand that the court appoint that counsel.
[38:17.920 --> 38:21.520]  Anthony, have you gone and pulled your file yet
[38:21.520 --> 38:22.920]  at the courthouse?
[38:22.920 --> 38:25.840]  Yes, over this case, yes.
[38:25.840 --> 38:28.520]  OK, so they actually do have a file.
[38:28.520 --> 38:29.800]  Yeah, well, not all of it.
[38:29.800 --> 38:32.000]  They don't have an offense report.
[38:32.000 --> 38:35.960]  Is there a criminal complaint in the file?
[38:35.960 --> 38:37.320]  Yes.
[38:37.320 --> 38:38.040]  Who signed it?
[38:42.640 --> 38:44.560]  The notary.
[38:44.560 --> 38:45.560]  No, no, not the notary.
[38:45.560 --> 38:48.160]  There had to be a complaint.
[38:48.160 --> 38:50.200]  Yeah, the officer, the arresting officer.
[38:50.200 --> 38:51.000]  Oh, good, good.
[38:51.000 --> 38:52.920]  We actually got the arresting officer to do it.
[38:52.920 --> 38:54.640]  At least they did one right.
[38:54.640 --> 38:56.080]  OK, you're in.
[38:56.080 --> 38:57.920]  And this happened on August the 10th.
[38:57.920 --> 38:59.880]  And then I'm seeing that this was filed.
[38:59.880 --> 39:04.960]  It says right here on the stamp, at 1.30 PM on September 24.
[39:04.960 --> 39:06.360]  That's not unusual.
[39:06.360 --> 39:08.640]  And that's not necessarily.
[39:08.640 --> 39:10.880]  Oh, that is a big problem.
[39:10.880 --> 39:12.480]  Isn't it supposed to be the same?
[39:12.480 --> 39:14.560]  Well, no, not necessarily.
[39:14.560 --> 39:20.440]  But since you were arrested, how did the magistrate
[39:20.440 --> 39:24.880]  hold an examining trial so that he could set bail?
[39:24.880 --> 39:32.440]  You got a pen, write down 17.05 Texas Code of Criminal
[39:32.440 --> 39:35.400]  Procedure.
[39:35.400 --> 39:43.840]  Bail is taken by a magistrate after an examining trial.
[39:43.840 --> 39:46.360]  Magistrate took bail.
[39:46.360 --> 39:54.880]  Therefore, there had to have been an examining trial.
[39:54.880 --> 39:58.600]  And in order for the judge to hold an examining trial, he
[39:58.600 --> 40:03.480]  must have a criminal accusation in his hand.
[40:03.480 --> 40:04.720]  Where'd he put it?
[40:07.320 --> 40:11.560]  After the examining trial, after arrest.
[40:11.560 --> 40:14.800]  OK, after examining trial, in order for the court to have
[40:14.800 --> 40:19.600]  subject matter jurisdiction, the magistrate had to
[40:19.600 --> 40:22.840]  prepare a warrant.
[40:22.840 --> 40:24.520]  And have it signed, right?
[40:24.520 --> 40:28.680]  Yes, and the warrant had to be made available
[40:28.680 --> 40:30.560]  immediately after arrest.
[40:30.560 --> 40:33.000]  So since you're arrested without a warrant, the
[40:33.000 --> 40:35.240]  magistrate had to create one.
[40:35.240 --> 40:37.800]  It was the warrant that gave the state subject matter
[40:37.800 --> 40:38.840]  jurisdiction.
[40:38.840 --> 40:40.720]  To arrest me, right?
[40:40.720 --> 40:42.440]  No, you're already arrested.
[40:42.440 --> 40:46.120]  The officer can arrest for an on-site.
[40:46.120 --> 40:49.640]  But he must prepare a criminal accusation in order to give
[40:49.640 --> 40:53.200]  the magistrate subject matter jurisdiction for the purpose of
[40:53.200 --> 40:57.160]  holding an examining trial and setting bail.
[40:57.160 --> 41:02.800]  If the magistrate finds subject matter jurisdiction, he
[41:02.800 --> 41:09.080]  must create a warrant, 16.20 Code of Criminal Procedure.
[41:09.080 --> 41:13.120]  And it is that warrant that gives the state jurisdiction.
[41:13.120 --> 41:15.560]  And he needs to seal all the documents had in the hearing
[41:15.560 --> 41:17.840]  because his name could be written across the seal of the
[41:17.840 --> 41:19.000]  envelope.
[41:19.000 --> 41:20.840]  And forward to the court.
[41:20.840 --> 41:23.600]  Exactly, 17.30.
[41:23.600 --> 41:28.040]  If he didn't do that, that's tampering with a government
[41:28.040 --> 41:31.560]  document, 37.10 Penal Code.
[41:31.560 --> 41:35.000]  Which they've been doing for I don't know how long.
[41:35.000 --> 41:36.720]  Exactly.
[41:36.720 --> 41:39.760]  So these are some of the accusations we have in these
[41:39.760 --> 41:40.320]  documents.
[41:40.320 --> 41:41.680]  You start filing them.
[41:41.680 --> 41:45.000]  And then you start bar grieving your attorneys.
[41:45.000 --> 41:47.640]  Odds are they're going to make this go away just to keep you
[41:47.640 --> 41:51.200]  from hammering the attorneys.
[41:51.200 --> 41:53.960]  So they would probably dismiss that case?
[41:53.960 --> 41:55.880]  That's what they did to mine.
[41:55.880 --> 41:59.840]  And me demanding that they not dismiss.
[41:59.840 --> 42:01.880]  Why would you do that?
[42:01.880 --> 42:04.000]  You wanted to file those motions against them?
[42:04.000 --> 42:07.240]  Well, what I wanted was it dismissed with prejudice.
[42:07.240 --> 42:08.800]  They dismissed it without prejudice.
[42:08.800 --> 42:10.920]  That means it stays on my record for two years and
[42:10.920 --> 42:12.160]  continues to harm me.
[42:14.600 --> 42:18.600]  So I insisted that you don't you dare let them dismiss that
[42:18.600 --> 42:21.840]  without prejudice.
[42:21.840 --> 42:23.560]  Well, we went out to lunch.
[42:23.560 --> 42:26.080]  And I know he conspired with them.
[42:26.080 --> 42:31.840]  He got rid of me so he could go in and get a dismissal.
[42:31.840 --> 42:33.640]  You start hammering them.
[42:33.640 --> 42:36.040]  They start looking at their careers hanging in the balance.
[42:36.040 --> 42:40.200]  Especially you start filing bar grievances.
[42:40.200 --> 42:41.760]  You've got more criminal complaints than
[42:41.760 --> 42:44.680]  you can keep up with.
[42:44.680 --> 42:48.640]  You will become taboo.
[42:48.640 --> 42:51.200]  You will become the person.
[42:51.200 --> 42:52.640]  Don't stop him.
[42:52.640 --> 42:53.920]  Don't cite him.
[42:53.920 --> 42:58.720]  And whatever you do, don't put that SOB in my jail.
[42:58.720 --> 43:00.720]  That's what the sheriff in my county told
[43:00.720 --> 43:03.880]  his deputies about me.
[43:03.880 --> 43:05.320]  And that's all you got to do to get that.
[43:05.320 --> 43:06.000]  They're cowards.
[43:06.000 --> 43:10.680]  They're like bullies on the high school parking lot.
[43:10.680 --> 43:13.160]  That's not really fair.
[43:13.160 --> 43:17.240]  Because we really do have a lot of really good officers out
[43:17.240 --> 43:20.200]  there that want to do the right thing.
[43:20.200 --> 43:26.240]  But they get stuck in a system they did not create.
[43:26.240 --> 43:30.360]  And it's up to us to do this, to fix the system these guys
[43:30.360 --> 43:34.760]  are in, to give them opportunity to be good policemen.
[43:34.760 --> 43:36.400]  Well, they may not have started it,
[43:36.400 --> 43:39.240]  but they sure are a big part of keeping it going.
[43:39.240 --> 43:41.320]  Well, let's help them fix it.
[43:41.320 --> 43:43.200]  OK, thanks, Anthony.
[43:43.200 --> 43:43.840]  Thank you.
[43:43.840 --> 43:48.000]  OK, and I'm going to try to see if I can get Randy to cc
[43:48.000 --> 43:49.840]  that email with those documents to me,
[43:49.840 --> 43:52.920]  so that we can get them in a specific place on Juris
[43:52.920 --> 43:55.200]  Imprudence and or ruleoflawradio.com,
[43:55.200 --> 43:56.960]  because other people have asked for it, too.
[43:56.960 --> 43:57.800]  We'll be right back.
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[45:54.560 --> 45:56.040]  Today.
[45:56.040 --> 46:25.560]  ["B suppas du..." starts playing, then fades out.]
[46:25.560 --> 46:29.060]  I'd like to know just what I'm fishing for
[46:29.060 --> 46:35.060]  I ain't asking for much, I ain't trying to be no glutton
[46:35.060 --> 46:41.060]  I'm just here making my living pushing buttons
[46:41.060 --> 46:46.560]  I'll give my message out to anyone who's shouting distance
[46:46.560 --> 46:52.060]  Both for bravery and against slavery, showing resistance
[46:52.060 --> 46:56.560]  First I'm crawling, then I'm walking, then I start strutting
[46:56.560 --> 47:01.560]  I'm just so glad to make my living pushing buttons
[47:14.560 --> 47:19.560]  We sat down to play Monopoly, we all wanted to win the game
[47:19.560 --> 47:25.560]  We gave some guy endless money supply, we must have not been thinking with brains
[47:25.560 --> 47:30.060]  After some time, the worth of my time, got me down to dinner
[47:30.060 --> 47:32.560]  Not the time I'd have been too long, right?
[47:32.560 --> 47:36.560]  Still, I make my living pushing buttons
[47:36.560 --> 47:38.560]  Yeah!
[47:48.560 --> 47:54.560]  There's a man over there with ammunition looking for a brand new chance
[47:54.560 --> 47:59.560]  To profit from my fear, we're gonna show him a brand new dance
[47:59.560 --> 48:05.060]  267 stories, he blew up into almost nothing
[48:05.060 --> 48:10.560]  I'm in pain in the rain, it makes me make my living pushing buttons
[48:10.560 --> 48:12.560]  Yeah!
[48:13.560 --> 48:15.560]  Pushing so good
[48:18.560 --> 48:21.560]  Like I knew I should
[48:22.560 --> 48:26.560]  Pushing on the envelope
[48:28.560 --> 48:32.560]  I give them all plenty of rope
[48:32.560 --> 48:35.560]  Okay folks, we are back
[48:36.560 --> 48:38.560]  We're taking your calls
[48:38.560 --> 48:40.560]  We've got a first time caller
[48:40.560 --> 48:42.560]  First time callers go to the head of the list
[48:42.560 --> 48:44.560]  We've got Jim from Kansas
[48:44.560 --> 48:47.560]  Jim, thanks for calling in, what is on your mind tonight?
[48:47.560 --> 48:51.560]  Well, hello, I'm glad to have found your radio station
[48:51.560 --> 48:57.560]  Basically, I heard Randy on Alex Jones the other day
[48:57.560 --> 49:01.560]  I've been a long time listener of Alex Jones last year or two
[49:01.560 --> 49:03.560]  I'm a pastor here in Kansas
[49:03.560 --> 49:07.560]  I've been watching what has been going on in the system
[49:07.560 --> 49:11.560]  Prior to being here in Kansas, my last call was in Texas
[49:11.560 --> 49:13.560]  Down near the Houston area
[49:13.560 --> 49:18.560]  And while I was there, I saw relatives of two of my parishioners
[49:18.560 --> 49:20.560]  And I was in court with them
[49:20.560 --> 49:26.560]  Basically, absolutely railroaded into federal penitentiary
[49:26.560 --> 49:30.560]  Based upon the Patriot Act
[49:30.560 --> 49:37.560]  And I am very interested in learning what to do to get involved with your fight
[49:39.560 --> 49:42.560]  Well, we can sure help
[49:42.560 --> 49:47.560]  One thing, we go back to our archives
[49:47.560 --> 49:54.560]  We, you know, Alex Jones, he notifies people of what's wrong
[49:54.560 --> 49:56.560]  And he's very clear on that
[49:56.560 --> 49:58.560]  That he doesn't come with remedy
[49:58.560 --> 50:00.560]  That he tells you what's wrong
[50:00.560 --> 50:02.560]  What we do is remedy
[50:02.560 --> 50:06.560]  We talk about how to fix what is wrong
[50:06.560 --> 50:08.560]  How to do something about it
[50:08.560 --> 50:15.560]  And in spite of the impression the government wants to give
[50:15.560 --> 50:17.560]  That they are so powerful
[50:17.560 --> 50:19.560]  They're not
[50:19.560 --> 50:22.560]  They're extremely vulnerable
[50:22.560 --> 50:27.560]  And if we can get two or three people in every county in the country
[50:27.560 --> 50:32.560]  Standing on the throat of the local public officials
[50:32.560 --> 50:35.560]  We can take this country back
[50:35.560 --> 50:37.560]  We can take it back quickly
[50:37.560 --> 50:43.560]  So without a specific issue, it's hard to give you a specific thing to do
[50:43.560 --> 50:47.560]  But if you listen to us on a regular basis
[50:47.560 --> 50:50.560]  And bring issues to us
[50:50.560 --> 50:53.560]  When people listen to me and I start walking through the code
[50:53.560 --> 50:58.560]  And Craig starts walking through the traffic code
[50:58.560 --> 51:01.560]  It sounds real complex
[51:01.560 --> 51:03.560]  And you listen to this and you say
[51:03.560 --> 51:06.560]  There's no way I could ever learn all of this
[51:06.560 --> 51:08.560]  It does seem that way
[51:08.560 --> 51:11.560]  Well, what you don't realize
[51:11.560 --> 51:15.560]  And people who've listened to us for a while like our last caller
[51:15.560 --> 51:17.560]  He had obviously listened
[51:17.560 --> 51:21.560]  Because I'm spouting off these codes and he knows what they are
[51:21.560 --> 51:26.560]  And the reason he knows what they are is because there's not that many
[51:26.560 --> 51:27.560]  Yeah, the code's pretty big
[51:27.560 --> 51:32.560]  But most of what we need from the code for remedy
[51:32.560 --> 51:35.560]  Is not that complex
[51:35.560 --> 51:40.560]  There's only about 15 or 20 total that we deal with
[51:40.560 --> 51:43.560]  Same ones over and over and over
[51:43.560 --> 51:44.560]  Okay
[51:44.560 --> 51:47.560]  So on the surface just listening the first time it sounds complex
[51:47.560 --> 51:55.560]  So what you'll notice is I keep quoting 1705, 1730, 1406
[51:55.560 --> 51:59.560]  2.03, 2.0456
[51:59.560 --> 52:03.560]  Over and over and over
[52:03.560 --> 52:05.560]  And after a while it begins to make sense
[52:05.560 --> 52:07.560]  These pieces don't fit together
[52:07.560 --> 52:10.560]  Primarily it's not the code
[52:10.560 --> 52:14.560]  It's the ideas behind the code
[52:14.560 --> 52:16.560]  Right
[52:16.560 --> 52:23.560]  That 2.03 requires that a public official
[52:23.560 --> 52:25.560]  A prosecutor attorney when he's made known
[52:25.560 --> 52:27.560]  That a public official has violated a law right to his office
[52:27.560 --> 52:29.560]  He shall reduce complaint information
[52:29.560 --> 52:31.560]  Submit it to grand jury
[52:31.560 --> 52:33.560]  The idea is
[52:33.560 --> 52:37.560]  It's when the complaint is against a public official
[52:37.560 --> 52:40.560]  Prosecutors have no business making a decision about it
[52:40.560 --> 52:43.560]  It makes no difference what state it's in
[52:43.560 --> 52:46.560]  The principle is the same
[52:46.560 --> 52:49.560]  And especially complaints against public officials
[52:49.560 --> 52:51.560]  They always go to grand juries
[52:51.560 --> 52:53.560]  Because they're a big deal
[52:53.560 --> 52:54.560]  Right
[52:54.560 --> 52:58.560]  And it is the system itself that would tend to want to protect itself
[52:58.560 --> 53:01.560]  So in order to avoid that problem
[53:01.560 --> 53:04.560]  Complaints against public officials always go to grand juries
[53:04.560 --> 53:07.560]  And when a person's arrested
[53:07.560 --> 53:11.560]  It was not the intent of our founders
[53:11.560 --> 53:16.560]  That the police hold the key to the jailhouse door
[53:16.560 --> 53:20.560]  It was of necessity that they be allowed to arrest
[53:20.560 --> 53:22.560]  But not in prison
[53:22.560 --> 53:26.560]  And this is consistent across all the states
[53:26.560 --> 53:30.560]  Because it follows the federal law, the federal pattern
[53:30.560 --> 53:31.560]  Right
[53:31.560 --> 53:35.560]  You must take them to a magistrate and explain yourself
[53:35.560 --> 53:38.560]  And it's not because they don't trust the police
[53:38.560 --> 53:43.560]  It's because they don't want the citizen to fear the policeman
[53:43.560 --> 53:50.560]  If the citizen knows that if a police officer arrests you for any reason
[53:50.560 --> 53:55.560]  He's going to have to take you directly to a magistrate that you elected
[53:55.560 --> 53:58.560]  And explain himself
[53:58.560 --> 54:01.560]  You're not going to be afraid of the policeman
[54:01.560 --> 54:03.560]  You might be afraid of the magistrate
[54:03.560 --> 54:06.560]  But you get to vote him out next time if he's a scoundrel
[54:06.560 --> 54:07.560]  Right, yeah
[54:07.560 --> 54:10.560]  So these are very basic principles
[54:10.560 --> 54:12.560]  And once you understand them
[54:12.560 --> 54:13.560]  No matter what state you're in
[54:13.560 --> 54:18.560]  It will be relatively easy to locate the supporting statutes
[54:18.560 --> 54:20.560]  Because they all follow the Fed
[54:20.560 --> 54:22.560]  Okay
[54:22.560 --> 54:24.560]  I've started
[54:24.560 --> 54:32.560]  I actually, in some ways I figure that it's better for me to begin to learn the process
[54:32.560 --> 54:35.560]  Long before I have an issue for myself
[54:35.560 --> 54:40.560]  Or even a current issue for a prisoner to help them with
[54:40.560 --> 54:42.560]  Exactly, good man
[54:42.560 --> 54:47.560]  Yeah, that's exactly what we try to do is to get people knowledgeable of the issues
[54:47.560 --> 54:50.560]  Before it becomes an issue
[54:50.560 --> 54:53.560]  I've gotten the Jurisdictionary
[54:53.560 --> 54:55.560]  And I've been going through that
[54:55.560 --> 54:59.560]  I got that a couple of months ago actually
[54:59.560 --> 55:02.560]  And for just to kind of begin
[55:02.560 --> 55:05.560]  I ran across their particular program
[55:05.560 --> 55:08.560]  I didn't even know they were on your network
[55:08.560 --> 55:11.560]  I hadn't found your network at that point yet
[55:11.560 --> 55:14.560]  And have done some study there
[55:14.560 --> 55:17.560]  But as far as looking at the code
[55:17.560 --> 55:18.560]  I've got to be honest
[55:18.560 --> 55:20.560]  It seems a little overwhelming
[55:20.560 --> 55:23.560]  Okay, it's not near as hard as you would think
[55:23.560 --> 55:28.560]  I was called to Pennsylvania to help someone
[55:28.560 --> 55:33.560]  The thing I did was got the Pennsylvania Penal Code, Pennsylvania Code of Criminal Procedure
[55:33.560 --> 55:35.560]  I pulled out the penal code
[55:35.560 --> 55:39.560]  It took me about two hours to go through it
[55:39.560 --> 55:40.560]  Yeah, it's a real thick book
[55:40.560 --> 55:43.560]  But 90% of it I don't really care about
[55:43.560 --> 55:45.560]  I wasn't dealing with real estate law at the moment
[55:45.560 --> 55:47.560]  Or family law
[55:47.560 --> 55:49.560]  Or gun control
[55:49.560 --> 55:51.560]  There's a whole bunch of stuff in there when you come to it
[55:51.560 --> 55:53.560]  It's not your issue
[55:53.560 --> 55:54.560]  Sure
[55:54.560 --> 55:56.560]  We're looking initially at due process
[55:56.560 --> 55:59.560]  But most of that's all in the front
[55:59.560 --> 56:02.560]  And what I suggest people do
[56:02.560 --> 56:04.560]  Is get the penal code
[56:04.560 --> 56:05.560]  Read through it
[56:05.560 --> 56:07.560]  Do not try to understand it
[56:07.560 --> 56:10.560]  Don't study it in minute detail
[56:10.560 --> 56:11.560]  Just read it
[56:11.560 --> 56:12.560]  Okay
[56:12.560 --> 56:16.560]  Because the way the code comes about
[56:16.560 --> 56:20.560]  The legislature passes law when an issue comes up
[56:20.560 --> 56:23.560]  And they have all these general laws
[56:23.560 --> 56:25.560]  And they're just passed in order
[56:25.560 --> 56:28.560]  And finally said this is a mess
[56:28.560 --> 56:31.560]  So nobody can figure out the law from all this stuff
[56:31.560 --> 56:36.560]  The national register has 35,000 pages
[56:36.560 --> 56:39.560]  So they hired contractors, publishers
[56:39.560 --> 56:45.560]  To go through all of these laws and sort them out by codes
[56:45.560 --> 56:49.560]  So once you have them sorted out by code
[56:49.560 --> 56:53.560]  Then you can go to your specific issue
[56:53.560 --> 56:58.560]  Go to the issue, read through it, do not try to understand it
[56:58.560 --> 57:02.560]  Because the laws were passed not in chronological order
[57:02.560 --> 57:05.560]  Not in the order you'll find them in the code
[57:05.560 --> 57:06.560]  Okay
[57:06.560 --> 57:09.560]  When you read the Texas Code of Criminal Procedure
[57:09.560 --> 57:12.560]  You'll read in there Article 210 and 211
[57:12.560 --> 57:14.560]  That establishes the duty of a magistrate
[57:14.560 --> 57:16.560]  It shall be the primary duty of the magistrate
[57:16.560 --> 57:19.560]  To keep peace in his jurisdiction
[57:19.560 --> 57:20.560]  Using all lawful means
[57:20.560 --> 57:21.560]  That's 210
[57:21.560 --> 57:24.560]  211 says when a magistrate sits for the purpose
[57:24.560 --> 57:26.560]  Of examining into a criminal accusation
[57:26.560 --> 57:28.560]  That is an examining trial
[57:28.560 --> 57:31.560]  The second time you read it
[57:31.560 --> 57:33.560]  You'll read that and you'll say
[57:33.560 --> 57:38.560]  Oh, that's referring to Chapter 16
[57:38.560 --> 57:41.560]  So the second time you read it
[57:41.560 --> 57:45.560]  Now you start making the connections front to back
[57:45.560 --> 57:47.560]  And the pieces begin to fit together
[57:47.560 --> 57:48.560]  Okay
[57:48.560 --> 57:50.560]  Then it makes sense
[57:50.560 --> 57:53.560]  To go to criminal procedure the same way
[57:53.560 --> 57:56.560]  I was talking to my local county attorney
[57:56.560 --> 57:58.560]  Who's now the district attorney
[57:58.560 --> 58:01.560]  And he mentioned illegal practice of law
[58:01.560 --> 58:03.560]  I quoted the statute to him
[58:03.560 --> 58:05.560]  He wasn't sure if he looked it up
[58:05.560 --> 58:08.560]  I said, Craig, you ought to be ashamed of yourself
[58:08.560 --> 58:10.560]  When was the last time you read that?
[58:10.560 --> 58:12.560]  He said, I've never read the whole thing
[58:12.560 --> 58:16.560]  He said, frankly, I don't know a single attorney who has
[58:16.560 --> 58:19.560]  So if you read the whole thing twice
[58:19.560 --> 58:22.560]  Those chumps got a problem
[58:22.560 --> 58:24.560]  They will be out of their league
[58:24.560 --> 58:27.560]  Okay, we're about to go to break
[58:27.560 --> 58:29.560]  Do you have any other questions or comments?
[58:29.560 --> 58:30.560]  No, that's the place to start
[58:30.560 --> 58:32.560]  I really appreciate it very much
[58:32.560 --> 58:34.560]  Okay, thank you very much
[58:34.560 --> 58:37.560]  This is Randy Kelton, Ada Craig, Deborah Stevens
[58:37.560 --> 58:39.560]  Of Wheel of Law Radio
[58:39.560 --> 58:40.560]  We'll be back on the side
[58:40.560 --> 58:59.560]  On the other side, take more of your calls
[58:59.560 --> 59:03.560]  The Bible remains the most popular book in the world
[59:03.560 --> 59:05.560]  Yet countless readers are frustrated
[59:05.560 --> 59:07.560]  Because they struggle to understand it
[59:07.560 --> 59:11.560]  Some new translations try to help by simplifying the text
[59:11.560 --> 59:15.560]  But in the process can compromise the profound meaning of the Scripture
[59:15.560 --> 59:18.560]  Enter the recovery version
[59:18.560 --> 59:22.560]  First, this new translation is extremely faithful and accurate
[59:22.560 --> 59:27.560]  But the real story is the more than 9,000 explanatory footnotes
[59:27.560 --> 59:31.560]  Difficult and profound passages are opened up in a marvelous way
[59:31.560 --> 59:34.560]  Providing an entrance into the riches of the Word
[59:34.560 --> 59:37.560]  Beyond what you've ever experienced before
[59:37.560 --> 59:41.560]  Bibles for America would like to give you a free recovery version
[59:41.560 --> 59:42.560]  Simply for the asking
[59:42.560 --> 59:48.560]  This comprehensive yet compact study Bible is yours just by calling us toll free
[59:48.560 --> 59:53.560]  At 1-888-551-0102
[59:53.560 --> 59:57.560]  Or by ordering online at freestudybible.com
[59:57.560 --> 59:59.560]  That's freestudybible.com
[59:59.560 --> 01:00:04.560]  This news brief brought to you by the International News Net
[01:00:04.560 --> 01:00:09.560]  Economist Lawrence Kotlikoff says U.S. government debt is not 13.5 trillion
[01:00:09.560 --> 01:00:15.560]  But rather 200 trillion or 840% of gross domestic product
[01:00:15.560 --> 01:00:18.560]  Writing in the September issue of Finance and Development
[01:00:18.560 --> 01:00:22.560]  Kotlikoff says the International Monetary Fund has quietly confirmed
[01:00:22.560 --> 01:00:25.560]  The U.S. is in terrible fiscal trouble
[01:00:25.560 --> 01:00:30.560]  Much worse than the lender of last resort has previously acknowledged
[01:00:30.560 --> 01:00:35.560]  The Tigris River, which bisects Baghdad and several other major Iraqi cities
[01:00:35.560 --> 01:00:40.560]  Has about 1 billion cubic meters of polluted material dumped into it
[01:00:40.560 --> 01:00:44.560]  Kamel al-Sadiq, Baghdad province's expert on the environment
[01:00:44.560 --> 01:00:47.560]  Said pollution was surging in the river at an alarming rate
[01:00:47.560 --> 01:00:52.560]  And called for immediate measures to halt it
[01:00:52.560 --> 01:00:56.560]  He said Thursday it may release democracy icon Aung San Suu Kyi
[01:00:56.560 --> 01:00:58.560]  After the November 7th elections
[01:00:58.560 --> 01:01:03.560]  The regime has detained Suu Kyi for 15 of the past 21 years
[01:01:03.560 --> 01:01:06.560]  Critics have derided the upcoming elections as a sham
[01:01:06.560 --> 01:01:11.560]  Since Suu Kyi and other opposition figures are not running
[01:01:11.560 --> 01:01:15.560]  Foreign Policy magazine Thursday posted online an administration memo
[01:01:15.560 --> 01:01:18.560]  Stating the White House will continue funding countries
[01:01:18.560 --> 01:01:21.560]  That use children in their armed forces
[01:01:21.560 --> 01:01:26.560]  That include Chad, Yemen, Sudan, and the Democratic Republic of the Congo
[01:01:26.560 --> 01:01:30.560]  The memo signed by Barack Obama states the U.S. will continue to fund Yemen
[01:01:30.560 --> 01:01:32.560]  Despite its use of child soldiers
[01:01:32.560 --> 01:01:36.560]  Because a funding prohibition would jeopardize Yemen's capability
[01:01:36.560 --> 01:01:40.560]  To conduct special operations and counter-terrorism missions
[01:01:40.560 --> 01:01:44.560]  In the past year, the U.S. has covertly extended its war on terror to Yemen
[01:01:44.560 --> 01:01:48.560]  Firing cruise missiles at terror suspects and helping the Yemeni military
[01:01:48.560 --> 01:01:50.560]  Carry out home raids
[01:01:50.560 --> 01:01:54.560]  Children as young as 14 are recruited by Yemen's military
[01:01:54.560 --> 01:01:56.560]  According to the White House memo
[01:01:56.560 --> 01:02:00.560]  There are 1,200 boys and girls as young as 12 in Chad's army
[01:02:00.560 --> 01:02:03.560]  Serving as combatants, guards, and cooks
[01:02:03.560 --> 01:02:10.560]  Further grim details of the war in Iraq have emerged from the 400,000 documents published by WikiLeaks
[01:02:10.560 --> 01:02:13.560]  During the violent month of 2005
[01:02:13.560 --> 01:02:19.560]  One police unit known as the Wolf Brigade struck more fear into Iraqis than the occupying U.S. Army
[01:02:19.560 --> 01:02:25.560]  Brutal even by Iraqi standards, Wolf Brigade soldiers and officers answered to no one
[01:02:25.560 --> 01:02:28.560]  The unit's reputation was well known in Iraq
[01:02:28.560 --> 01:02:32.560]  But the full range of their abuses and close cooperation with the U.S. Army
[01:02:32.560 --> 01:02:37.560]  Remained in the shadows until WikiLeaks revealed them in stark detail
[01:02:37.560 --> 01:02:41.560]  Torture and death were synonymous with the almost exclusively Shia unit
[01:02:41.560 --> 01:02:44.560]  They were often seen alongside U.S. forces
[01:02:44.560 --> 01:02:46.560]  Particularly in Baghdad and Mosul
[01:02:46.560 --> 01:02:51.560]  Omar Salem Shabab, a Wolf Brigade torture victim said
[01:02:51.560 --> 01:02:53.560]  The Americans weren't just witnesses
[01:02:53.560 --> 01:03:17.560]  They were part of the operation against us
[01:03:23.560 --> 01:03:26.560]  Story from every month of the year
[01:03:26.560 --> 01:03:31.560]  Like how we're not gonna give in to the spirit of time
[01:03:31.560 --> 01:03:35.560]  Yeah, my story
[01:03:35.560 --> 01:03:40.560]  My story, my story
[01:03:40.560 --> 01:03:44.560]  I will identify my father's house
[01:03:44.560 --> 01:03:47.560]  I will really return
[01:03:47.560 --> 01:03:50.560]  I will identify my father's house
[01:03:50.560 --> 01:03:57.560]  Okay, folks, we're back. We're taking your phone calls
[01:03:57.560 --> 01:04:00.560]  We are going now to Steve in California
[01:04:00.560 --> 01:04:04.560]  Steve, thanks for calling in. What's on your mind tonight?
[01:04:04.560 --> 01:04:07.560]  Hi, Deborah and Randy. This isn't Steve. This is his wife
[01:04:07.560 --> 01:04:09.560]  Oh, okay, great. What's your name?
[01:04:09.560 --> 01:04:10.560]  Joanne
[01:04:10.560 --> 01:04:13.560]  Hey, Joanne. Thanks for calling in. What's on your mind tonight?
[01:04:13.560 --> 01:04:18.560]  Well, we've had some family tragedies
[01:04:18.560 --> 01:04:23.560]  I've actually lost both my parents within the last seven months
[01:04:23.560 --> 01:04:31.560]  And they had a reverse mortgage, which is upside down
[01:04:31.560 --> 01:04:39.560]  They owe $280. It's appraised now at about $200
[01:04:39.560 --> 01:04:42.560]  Is what they're coming in at
[01:04:42.560 --> 01:04:47.560]  And they say that we have to pay the mortgage in full
[01:04:47.560 --> 01:04:51.560]  The family member buys it. It was left to my daughter
[01:04:51.560 --> 01:04:55.560]  Because of all the care that she had given them
[01:04:55.560 --> 01:04:57.560]  And they wanted her to have it
[01:04:57.560 --> 01:05:06.560]  But nobody will loan her the $280,000 on a $200,000 home
[01:05:06.560 --> 01:05:13.560]  So my question is, with the stuff that Randy's been doing
[01:05:13.560 --> 01:05:20.560]  Can that be done? Can reverse mortgage be checked out
[01:05:20.560 --> 01:05:23.560]  To see if there's any fraud in them?
[01:05:23.560 --> 01:05:25.560]  Yes, it can
[01:05:25.560 --> 01:05:33.560]  But reverse mortgage is something I have not yet investigated
[01:05:33.560 --> 01:05:39.560]  How much is owed on the house right now? Is there any equity at all?
[01:05:39.560 --> 01:05:45.560]  No. See, when they did the reverse, the last one they did was back in 2005
[01:05:45.560 --> 01:05:54.560]  And they were entitled to 80% of the value of the home at that time
[01:05:54.560 --> 01:05:59.560]  Which was $485,000
[01:05:59.560 --> 01:06:04.560]  The value now, according to the appraiser that came out, is $200,000
[01:06:04.560 --> 01:06:06.560]  Right, but what I'm asking is
[01:06:06.560 --> 01:06:10.560]  I mean, usually someone gets a mortgage, they start paying monthly payments
[01:06:10.560 --> 01:06:14.560]  Part of the monthly payment goes to pay interest, part of it goes to pay principal
[01:06:14.560 --> 01:06:19.560]  And the amount that goes towards the principal, you end up accumulating equity
[01:06:19.560 --> 01:06:26.560]  And so what I'm asking is, is there any equity at all in the house?
[01:06:26.560 --> 01:06:28.560]  It's a reverse mortgage, Deborah
[01:06:28.560 --> 01:06:30.560]  That means they didn't make monthly payments
[01:06:30.560 --> 01:06:37.560]  They could have gotten monthly payments from the lender or a lump sum
[01:06:37.560 --> 01:06:39.560]  Which is what they did
[01:06:39.560 --> 01:06:43.560]  They got a lump sum to pay off credit cards
[01:06:43.560 --> 01:06:53.560]  And then every month, the interest that they would normally pay is added back on as principal
[01:06:53.560 --> 01:07:03.560]  In the amount of, in their case, it's like $580 or something like that a month
[01:07:03.560 --> 01:07:06.560]  So every month, the mortgage goes up
[01:07:06.560 --> 01:07:16.560]  So when the lenders realized that the market was going to crash, they started pushing for reverse mortgages
[01:07:16.560 --> 01:07:18.560]  Yeah
[01:07:18.560 --> 01:07:25.560]  This way, they bet that the market would crash and then they would get to swallow your property
[01:07:25.560 --> 01:07:27.560]  Right
[01:07:27.560 --> 01:07:32.560]  And, you know, for senior citizens, I think it's absolutely atrocious
[01:07:32.560 --> 01:07:37.560]  And for senior citizens, that sure, well, my parents were alive
[01:07:37.560 --> 01:07:39.560]  I mean, if we lose it, we lose it
[01:07:39.560 --> 01:07:46.560]  But if there's anything that I can do to help keep it in our family for my daughter, that's what I want to do
[01:07:46.560 --> 01:07:51.560]  And if it hadn't gone upside down, we'd have no problem
[01:07:51.560 --> 01:07:55.560]  Or if the market goes back up, we still have no problem
[01:07:55.560 --> 01:07:58.560]  She'll be able to keep it because she can get a loan on it
[01:07:58.560 --> 01:08:05.560]  The problem is them saying if, you know, if you don't pay us in full, you don't get the house
[01:08:05.560 --> 01:08:07.560]  Here's the deal
[01:08:07.560 --> 01:08:12.560]  The mortgage, the property value is not going to go back up
[01:08:12.560 --> 01:08:15.560]  However, you're in Maryland
[01:08:15.560 --> 01:08:17.560]  No, I'm in California
[01:08:17.560 --> 01:08:19.560]  Well, where's the property?
[01:08:19.560 --> 01:08:20.560]  California
[01:08:20.560 --> 01:08:22.560]  Oh, okay
[01:08:22.560 --> 01:08:24.560]  San Bernardino County, to be exact
[01:08:24.560 --> 01:08:31.560]  But even in San Bernardino County, the $400,000 house is not down to $200,000
[01:08:31.560 --> 01:08:33.560]  It is, that's what they told us
[01:08:33.560 --> 01:08:35.560]  Yeah, but to hear the problem
[01:08:35.560 --> 01:08:37.560]  The appraiser came in, so how do I get around that?
[01:08:37.560 --> 01:08:40.560]  Okay, here's the deal with the appraiser
[01:08:40.560 --> 01:08:42.560]  He works with the lender
[01:08:42.560 --> 01:08:43.560]  Yes
[01:08:43.560 --> 01:08:46.560]  And he does what the lender tells him to do
[01:08:46.560 --> 01:08:50.560]  I would hire an outside appraiser
[01:08:50.560 --> 01:08:53.560]  Don't say anything to the lender about it
[01:08:53.560 --> 01:08:58.560]  Hire your own appraiser and have him give you an appraisal
[01:08:58.560 --> 01:09:09.560]  If his appraisal doesn't match the one you got, then it's unlikely that properties in California have depreciated by 50%
[01:09:09.560 --> 01:09:20.560]  Well, the listings for the area, because my daughter's boyfriend's mother, she's a real estate agent
[01:09:20.560 --> 01:09:28.560]  So she looked up for us before the appraisal came through to see what properties in the area had sold for within the last four months
[01:09:28.560 --> 01:09:42.560]  A house around the corner went for $260,000, there was another one within a few blocks that was $150,000 something, $158,000 or something like that
[01:09:42.560 --> 01:09:45.560]  But the average home was actually $220,000
[01:09:45.560 --> 01:09:47.560]  Well, what does the county appraiser say it's worth?
[01:09:47.560 --> 01:09:53.560]  What was the value in 07 of these properties?
[01:09:53.560 --> 01:09:59.560]  I don't have an 07 because 2005 was when it was done
[01:09:59.560 --> 01:10:03.560]  And what does the county appraiser say it's worth? What are you being taxed on?
[01:10:03.560 --> 01:10:11.560]  Oh, they're in Prop 13, so they're not being appraised at the value of the land
[01:10:11.560 --> 01:10:22.560]  I'm in the same city and I bought in eight years ago, I'm paying $2,000 a year in property taxes, my folks pay $400
[01:10:22.560 --> 01:10:31.560]  Okay, so my question is what does the county appraiser say the property is worth or is that not a situation that you deal with out there?
[01:10:31.560 --> 01:10:39.560]  Well, they do appraise it, but I can't find a property tax statement, a recent one
[01:10:39.560 --> 01:10:42.560]  You can go to the county and get it from them
[01:10:42.560 --> 01:10:45.560]  You can usually look it up online
[01:10:45.560 --> 01:10:50.560]  If the property was worth $400,000 in 05?
[01:10:50.560 --> 01:11:00.560]  Yeah, it was actually $480,000 is what they could borrow up to the percentage
[01:11:00.560 --> 01:11:03.560]  And they didn't, luckily
[01:11:03.560 --> 01:11:09.560]  Well, see, I would be interested in seeing what the current appraised value is as per the county appraiser
[01:11:09.560 --> 01:11:16.560]  Because if the county appraiser is saying the property value is worth $300,000 right now
[01:11:16.560 --> 01:11:21.560]  But this lender's appraiser is saying it's only worth $180,000 or $200,000
[01:11:21.560 --> 01:11:26.560]  Well, now we've got a discrepancy here and that's grounds to do something
[01:11:26.560 --> 01:11:29.560]  I mean, which one is it?
[01:11:29.560 --> 01:11:33.560]  That's why I was saying, I mean, Randy's right, hire a private appraiser
[01:11:33.560 --> 01:11:41.560]  But a good way that would cost no money at all is look at what the county appraiser says
[01:11:41.560 --> 01:11:46.560]  Okay, I need to research reverse mortgage fraud
[01:11:46.560 --> 01:11:53.560]  You are the third person that's approached me with a reverse mortgage issue
[01:11:53.560 --> 01:11:56.560]  So we haven't researched that out yet
[01:11:56.560 --> 01:11:57.560]  Okay
[01:11:57.560 --> 01:12:06.560]  However, I do have, just from my other research, indication that there's a tremendous amount of fraud in reverse mortgages
[01:12:06.560 --> 01:12:07.560]  However
[01:12:07.560 --> 01:12:14.560]  That would be wonderful because if I could get this company on anything and get that house free and clear
[01:12:14.560 --> 01:12:19.560]  Plus, I mean, as you know, Steve and I listened to you, we have for years
[01:12:19.560 --> 01:12:22.560]  And we put stock in everything you tell us
[01:12:22.560 --> 01:12:23.560]  Okay
[01:12:23.560 --> 01:12:25.560]  We appreciate your work
[01:12:25.560 --> 01:12:30.560]  Let me give you something you may not have expected to hear
[01:12:30.560 --> 01:12:31.560]  Okay
[01:12:31.560 --> 01:12:33.560]  Let them foreclose
[01:12:33.560 --> 01:12:37.560]  Sue them first, hold them in court for a year or so, and then let them foreclose
[01:12:37.560 --> 01:12:41.560]  Well, see what they told me, when I called, my father died March 1st
[01:12:41.560 --> 01:12:47.560]  Mom called them, put me on as the person of contact in case something happened to her
[01:12:47.560 --> 01:12:50.560]  So that I wouldn't have any trouble talking to them
[01:12:50.560 --> 01:12:55.560]  And when I called them and informed them that she had passed
[01:12:55.560 --> 01:12:59.560]  I said, you know, I want to keep this all, you know, where it should be
[01:12:59.560 --> 01:13:02.560]  Mom's passed away, what do we do?
[01:13:02.560 --> 01:13:05.560]  And they said, well, we'll send an appraiser out
[01:13:05.560 --> 01:13:08.560]  They asked me if we were going to try to keep the house
[01:13:08.560 --> 01:13:13.560]  I said, well, the problem with that is she had no life insurance, she had no 401K
[01:13:13.560 --> 01:13:15.560]  She cashed those in when Dad passed away
[01:13:15.560 --> 01:13:17.560]  She didn't have a burial plot
[01:13:17.560 --> 01:13:22.560]  I'm having to sell everything I can to even get the money back that I had to pay out to barriers
[01:13:22.560 --> 01:13:27.560]  So in that instance, if depending on what you appraise it at
[01:13:27.560 --> 01:13:30.560]  We'll be determined whether we can keep it or not
[01:13:30.560 --> 01:13:32.560]  Okay, here's the deal
[01:13:32.560 --> 01:13:36.560]  If you can find some fraud in the reverse mortgage
[01:13:36.560 --> 01:13:40.560]  And if you send me an email, we'll look at that
[01:13:40.560 --> 01:13:41.560]  Okay
[01:13:41.560 --> 01:13:43.560]  Bring them into court
[01:13:43.560 --> 01:13:44.560]  Okay
[01:13:44.560 --> 01:13:48.560]  If you can hold them into court for a year or so, year to year and a half
[01:13:48.560 --> 01:13:55.560]  Understand that these guys were speculating on the value of that property
[01:13:55.560 --> 01:13:58.560]  They knew the value was dropping
[01:13:58.560 --> 01:14:02.560]  And they were relatively certain that when your parents passed
[01:14:02.560 --> 01:14:06.560]  They would get to swallow the property because of the dropping values
[01:14:06.560 --> 01:14:08.560]  Yeah, I'm afraid you're right
[01:14:08.560 --> 01:14:11.560]  So play the speculation game with them
[01:14:11.560 --> 01:14:14.560]  They want to play, we play
[01:14:14.560 --> 01:14:18.560]  So stop them, hold them in court
[01:14:18.560 --> 01:14:22.560]  The property values in California are dropping like a stone
[01:14:22.560 --> 01:14:28.560]  You absolutely do not want to pay $250,000 or $300,000 for that property
[01:14:28.560 --> 01:14:29.560]  No
[01:14:29.560 --> 01:14:31.560]  So stop them
[01:14:31.560 --> 01:14:36.560]  Okay, but what they told us was that we could have up to a year
[01:14:36.560 --> 01:14:39.560]  Within 90 days, they would send us a foreclosure notice
[01:14:39.560 --> 01:14:41.560]  Now whether this was true or not, they said
[01:14:41.560 --> 01:14:44.560]  But disregard that, ask for an extension, tell them
[01:14:44.560 --> 01:14:47.560]  When you call in, tell them you're trying to keep it
[01:14:47.560 --> 01:14:49.560]  They will give you an extension
[01:14:49.560 --> 01:14:52.560]  And then around eight or nine months, you call back
[01:14:52.560 --> 01:14:54.560]  You ask for another extension
[01:14:54.560 --> 01:14:58.560]  And from that last extension, that will give you about a year
[01:14:58.560 --> 01:15:03.560]  Okay, believe nothing they tell you
[01:15:03.560 --> 01:15:04.560]  Okay
[01:15:04.560 --> 01:15:10.560]  It is not in their best interest not to foreclose
[01:15:10.560 --> 01:15:12.560]  They'll tell you anything
[01:15:12.560 --> 01:15:15.560]  And they start foreclosure and they give you this crapola
[01:15:15.560 --> 01:15:16.560]  Oh, don't worry about it
[01:15:16.560 --> 01:15:20.560]  All of a sudden, you're in an unlawful detainer hearing
[01:15:20.560 --> 01:15:22.560]  And they're throwing you out
[01:15:22.560 --> 01:15:24.560]  Don't trust them, sue them
[01:15:24.560 --> 01:15:25.560]  Okay
[01:15:25.560 --> 01:15:27.560]  It doesn't take much to sue them
[01:15:27.560 --> 01:15:29.560]  Just sue them, that stops them
[01:15:29.560 --> 01:15:33.560]  Then you eliminate all the problem with all the huffing and puffing
[01:15:33.560 --> 01:15:37.560]  Because even if they foreclose, they can't do anything with the property
[01:15:37.560 --> 01:15:40.560]  So it winds up empty
[01:15:40.560 --> 01:15:42.560]  The sky's falling in on the real estate market
[01:15:42.560 --> 01:15:45.560]  It's going to fall in for the next year and a half to two years
[01:15:45.560 --> 01:15:50.560]  The value of that property is going to drop like a stone
[01:15:50.560 --> 01:15:53.560]  Take any money you would put into that property, put it in silver
[01:15:53.560 --> 01:15:56.560]  Silver's the thing right now
[01:15:56.560 --> 01:15:59.560]  Put it in silver
[01:15:59.560 --> 01:16:01.560]  If you notice, when you go to a restaurant, it cost you twice
[01:16:01.560 --> 01:16:03.560]  Of what it did a couple years ago
[01:16:03.560 --> 01:16:05.560]  Twice?
[01:16:05.560 --> 01:16:09.560]  When was the last time you were in California, Randy?
[01:16:09.560 --> 01:16:12.560]  We're going into major inflation
[01:16:12.560 --> 01:16:15.560]  Take what cash you have
[01:16:15.560 --> 01:16:20.560]  Any assets in dollar-denominated assets
[01:16:20.560 --> 01:16:22.560]  Convert it to a hard commodity
[01:16:22.560 --> 01:16:25.560]  Gold, silver, copper, platinum, please
[01:16:25.560 --> 01:16:30.560]  Right, my mom actually had a, what do they call it?
[01:16:30.560 --> 01:16:31.560]  Cougarand
[01:16:31.560 --> 01:16:32.560]  Good, put it in silver
[01:16:32.560 --> 01:16:34.560]  Silver's the best at the moment
[01:16:34.560 --> 01:16:35.560]  Silver's better?
[01:16:35.560 --> 01:16:38.560]  Yes, let the property values crash
[01:16:38.560 --> 01:16:40.560]  Pull that silver back out when it bottoms
[01:16:40.560 --> 01:16:42.560]  And say, yo, guys, let's make a deal
[01:16:42.560 --> 01:16:44.560]  Or then let them foreclose
[01:16:44.560 --> 01:16:46.560]  And then just go by to the foreclosure
[01:16:46.560 --> 01:16:48.560]  Okay, I have one more quick
[01:16:48.560 --> 01:16:50.560]  Okay, wait a minute, you'll have to call back in on Monday
[01:16:50.560 --> 01:16:52.560]  Because we have like ten people on the board
[01:16:52.560 --> 01:16:54.560]  And we only have 45 minutes left
[01:16:54.560 --> 01:16:56.560]  So call back in on Monday, Joanne, thanks
[01:16:56.560 --> 01:16:58.560]  We'll be right back
[01:17:01.560 --> 01:17:04.560]  Capital Coin and Bullions is your local source for rare coins
[01:17:04.560 --> 01:17:08.560]  Precious metals and coin supplies in the Austin metro area
[01:17:08.560 --> 01:17:10.560]  We also ship worldwide
[01:17:10.560 --> 01:17:12.560]  We are a family-owned and operated business
[01:17:12.560 --> 01:17:15.560]  That offers competitive prices on your coin and metals purchases
[01:17:15.560 --> 01:17:19.560]  We buy, sell, trade, and consign rare coins
[01:17:19.560 --> 01:17:21.560]  Gold and silver coin collections
[01:17:21.560 --> 01:17:23.560]  Precious metals and scrap gold
[01:17:23.560 --> 01:17:26.560]  We will purchase and sell gold and jewelry items as well
[01:17:26.560 --> 01:17:29.560]  We offer daily specials on coins and bullions
[01:17:29.560 --> 01:17:33.560]  We're located at 5448 Burnett Road, Suite 3
[01:17:33.560 --> 01:17:36.560]  And we're open Monday through Friday, 10 a.m. to 6 p.m.
[01:17:36.560 --> 01:17:39.560]  Saturdays, 10 a.m. to 5 p.m.
[01:17:39.560 --> 01:17:42.560]  You are welcome to stop in our shop during regular business hours
[01:17:42.560 --> 01:17:47.560]  Or call 512-646-6440 with any questions
[01:17:47.560 --> 01:17:52.560]  Ask for Chad and say you heard about us on Rule of Law Radio or 90.1 FM
[01:17:52.560 --> 01:17:58.560]  That's Capital Coin and Bullions, 512-646-6440
[01:18:00.560 --> 01:18:03.560]  It is so enlightening to listen to 90.1 FM
[01:18:03.560 --> 01:18:05.560]  But finding things on the Internet isn't so easy
[01:18:05.560 --> 01:18:08.560]  And neither is finding like-minded people to share it with
[01:18:08.560 --> 01:18:11.560]  Oh, well, I guess you haven't heard of Brave New Books, then
[01:18:11.560 --> 01:18:12.560]  Brave New Books?
[01:18:12.560 --> 01:18:16.560]  Yes, Brave New Books has all the books and DVDs you're looking for
[01:18:16.560 --> 01:18:19.560]  By authors like Alex Jones, Ron Paul, and G. Edward Griffin
[01:18:19.560 --> 01:18:23.560]  They even stock inner food, Berkey products, and Calvin Soaps
[01:18:23.560 --> 01:18:26.560]  There's no way a place like that exists
[01:18:26.560 --> 01:18:27.560]  Go check it out for yourself
[01:18:27.560 --> 01:18:31.560]  It's downtown at 1904 Guadalupe Street, just south of UT
[01:18:31.560 --> 01:18:35.560]  Oh, by UT? There's never anywhere to park down there
[01:18:35.560 --> 01:18:39.560]  Actually, they now offer a free hour of parking for paying customers
[01:18:39.560 --> 01:18:43.560]  At the 500 MLK Parking Facility, just behind the bookstore
[01:18:43.560 --> 01:18:46.560]  It does exist, but when are they open?
[01:18:46.560 --> 01:18:51.560]  Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays
[01:18:51.560 --> 01:18:55.560]  So give them a call at 512-480-2503
[01:18:55.560 --> 01:19:01.560]  Or check out their events page at bravenewbookstore.com
[01:19:01.560 --> 01:19:04.560]  Oh, come on
[01:19:17.560 --> 01:19:22.560]  Okay, folks, we're back, we're taking your phone calls
[01:19:22.560 --> 01:19:26.560]  We are going now to Bill in Wisconsin
[01:19:26.560 --> 01:19:29.560]  Bill, thanks for calling in, what's on your mind tonight?
[01:19:29.560 --> 01:19:33.560]  Hi, thanks Deborah, good evening everyone
[01:19:33.560 --> 01:19:37.560]  What's on my mind is primarily someone's in complaint and grievance
[01:19:37.560 --> 01:19:40.560]  Wait a minute, Bill, we're having a hard time understanding what you're saying
[01:19:40.560 --> 01:19:43.560]  Are you on a speaker phone?
[01:19:43.560 --> 01:19:45.560]  I thought you said that, I picked it up
[01:19:45.560 --> 01:19:47.560]  Okay, great, go ahead please
[01:19:47.560 --> 01:19:54.560]  Okay, what I'd like to address is someone's in complaint and in bar grievances
[01:19:54.560 --> 01:19:58.560]  Before I get to that, I'd just like to make a comment about last night's program
[01:19:58.560 --> 01:20:02.560]  And Mark from Wisconsin calling in
[01:20:02.560 --> 01:20:10.560]  And I wanted to say kudos to Mark for stepping up and taking on that police chief and that issue that we had there
[01:20:10.560 --> 01:20:18.560]  And also for Randy giving us a real good lesson on how to go after public officials
[01:20:18.560 --> 01:20:22.560]  And I wanted to chastise Mark for having entirely too much fun
[01:20:22.560 --> 01:20:26.560]  Okay, well we actually have Mark on the line right now, so let's let Mark defend himself
[01:20:26.560 --> 01:20:29.560]  Go ahead, Mark
[01:20:29.560 --> 01:20:31.560]  Thanks, Bill
[01:20:31.560 --> 01:20:38.560]  Okay, and Debbie, I wanted to let you know, you were talking about people streaming
[01:20:38.560 --> 01:20:45.560]  It's been over two years now, every time Rule of Law is on, it automatically comes on my computer
[01:20:45.560 --> 01:20:49.560]  And I tape every program you got, so at least we got one
[01:20:49.560 --> 01:20:52.560]  If we get a few more doing that, maybe they'll get your numbers up for you
[01:20:52.560 --> 01:20:58.560]  Wonderful, so you have it set to automatically pick up?
[01:20:58.560 --> 01:21:07.560]  Yeah, I got a piece of software that it just schedules and automatically comes right on, gets a program and records it for me
[01:21:07.560 --> 01:21:15.560]  We need that software in the form of a virus that we can send it around and force everybody's computer to stream us
[01:21:15.560 --> 01:21:33.560]  Oh, okay, but as far as the issue on the summons and complaint, working with a friend here who is being sued by the state violation
[01:21:33.560 --> 01:21:47.560]  And typical summons and complaint, he had that, but where the issue arises is a defect in the summons and the time of service
[01:21:47.560 --> 01:21:57.560]  The summons claims that he should be commanded to show up in court on November 3rd
[01:21:57.560 --> 01:22:02.560]  However, he was served by the deputy sheriff on October 20th
[01:22:02.560 --> 01:22:10.560]  So a little quick math here tells you, hey, I got until November 9th before I have to show up
[01:22:10.560 --> 01:22:17.560]  Okay, what does the statute say concerning how much notice you must be given?
[01:22:17.560 --> 01:22:19.560]  Twenty days
[01:22:19.560 --> 01:22:26.560]  Okay, good, then you can file an objection to improper service
[01:22:26.560 --> 01:22:39.560]  Okay, we were going to take that, I wasn't sure if the service was improper because I have no problem with, you know, that I got it at some point when it was signed
[01:22:39.560 --> 01:22:46.560]  However, the dates don't match up, it was filed in court back on, actually filed on October 8th
[01:22:46.560 --> 01:22:50.560]  I don't want to throw a bunch of numbers out here, but that's the nature of the beast we're dealing with
[01:22:50.560 --> 01:22:53.560]  The service was improper because it was not timely
[01:22:53.560 --> 01:22:56.560]  Not timely, okay, okay
[01:22:56.560 --> 01:23:04.560]  To that end then, I suggested that they file a motion for a continuance
[01:23:04.560 --> 01:23:07.560]  Yes, that's exactly what you would do
[01:23:07.560 --> 01:23:16.560]  The service may otherwise be sufficient in that it gave you constructive notice
[01:23:16.560 --> 01:23:19.560]  It simply did not give you sufficient time to prepare
[01:23:19.560 --> 01:23:25.560]  So you're exactly right, a motion for a continuance is the appropriate
[01:23:25.560 --> 01:23:34.560]  Okay, then the other item, and we're going to file the motion for a continuance on November 1st, Monday
[01:23:34.560 --> 01:23:39.560]  The second item that's going to be filed in the court is for a substitution of judge
[01:23:39.560 --> 01:23:44.560]  It seems like this judge that this fellow is going up against has had previous dealings with proceeds
[01:23:44.560 --> 01:23:48.560]  And he's made comments to the effect, I don't want any proceeds in my court
[01:23:48.560 --> 01:23:53.560]  So we'll roll the dice and see what we come up with and get in a replacement for him
[01:23:53.560 --> 01:23:58.560]  This is a small county and they only have one circuit judge in the county
[01:23:58.560 --> 01:24:02.560]  Then you file a motion to disqualify
[01:24:02.560 --> 01:24:05.560]  Well, he hasn't said that to this particular individual
[01:24:05.560 --> 01:24:06.560]  It doesn't matter
[01:24:06.560 --> 01:24:08.560]  He hasn't gone to court yet, there's nothing to happen
[01:24:08.560 --> 01:24:20.560]  It doesn't matter if he has demonstrated, if he has proactively demonstrated a bias against pro se litigants
[01:24:20.560 --> 01:24:27.560]  You have a right to a fair jurist in the first instance, move to disqualify
[01:24:27.560 --> 01:24:30.560]  All right, that's why I'm calling in, Randy
[01:24:30.560 --> 01:24:32.560]  Thanks for that one
[01:24:32.560 --> 01:24:34.560]  Okay, okay, don't move
[01:24:34.560 --> 01:24:42.560]  I'm filing a bar grievance because of what the district attorney did in this issue
[01:24:42.560 --> 01:24:50.560]  And on the motion for continuance for making a statement that the plaintiff abused the process, violated defendants due process rights
[01:24:50.560 --> 01:24:54.560]  And something similar to that is going in on the grievance
[01:24:54.560 --> 01:24:56.560]  Okay, wait, stop
[01:24:56.560 --> 01:24:58.560]  Stop, okay
[01:24:58.560 --> 01:25:03.560]  Do not file a motion to recuse
[01:25:03.560 --> 01:25:06.560]  File a motion to disqualify for cause
[01:25:06.560 --> 01:25:09.560]  Motion to disqualify, okay, yeah, I'll put that down
[01:25:09.560 --> 01:25:14.560]  Yeah, motion to recuse, the judge can deny it himself
[01:25:14.560 --> 01:25:20.560]  And I think in Minnesota judges can do anything they want to so they can deny one that's qualified
[01:25:20.560 --> 01:25:28.560]  But most states, a judge can deny a motion to recuse but he cannot deny a motion to disqualify
[01:25:28.560 --> 01:25:30.560]  That will require a hearing
[01:25:30.560 --> 01:25:38.560]  Okay, while we have a hearing in the statute, it's called the substitution of judge
[01:25:38.560 --> 01:25:40.560]  Okay, how does it
[01:25:40.560 --> 01:25:44.560]  And it's just kind of straightforward and you get one shot at that as long as it's timely filed
[01:25:44.560 --> 01:25:48.560]  And that the judge has not made any decisions in the action
[01:25:48.560 --> 01:25:53.560]  You can't be going along and say, well, I don't like the way this guy's going, I think I'm going to file for a judge
[01:25:53.560 --> 01:25:55.560]  The statute doesn't allow that
[01:25:55.560 --> 01:26:01.560]  You have to do it right up front before he rules on anything which is why we're suggesting that he put it in right up front here
[01:26:01.560 --> 01:26:11.560]  So does the original challenge to the judge, is that something that they just accept without where you don't have to show cause
[01:26:11.560 --> 01:26:12.560]  Correct
[01:26:12.560 --> 01:26:14.560]  You get one strike, oh, wonderful
[01:26:14.560 --> 01:26:20.560]  You get one strike, you just put it in and boom, as long as it's timely filed, that's the big issue about the time thing
[01:26:20.560 --> 01:26:22.560]  The judge hasn't made any rulings
[01:26:22.560 --> 01:26:29.560]  Wait a minute, do you have an option to disqualify
[01:26:29.560 --> 01:26:31.560]  I really don't know how to answer that
[01:26:31.560 --> 01:26:32.560]  Check that
[01:26:32.560 --> 01:26:33.560]  We probably do
[01:26:33.560 --> 01:26:38.560]  Because here's what's going to happen, you're going to exercise your strike
[01:26:38.560 --> 01:26:39.560]  Correct
[01:26:39.560 --> 01:26:47.560]  And to pay you back, they're going to put in a retired judge who's strictly there to screw you royal
[01:26:47.560 --> 01:26:48.560]  We're expecting that
[01:26:48.560 --> 01:27:00.560]  If you can move to disqualify first for cause, and then when they bring in the hanging judge, use your strike against the hanging judge
[01:27:00.560 --> 01:27:02.560]  Oh, okay
[01:27:02.560 --> 01:27:04.560]  Yeah, in essence you get two shots at this
[01:27:04.560 --> 01:27:07.560]  Alright, good thought
[01:27:07.560 --> 01:27:17.560]  The other thing is, when you file, typically you're going to get your complaint, then you get, someone's going to complain that says show up on such a date, in our case it's 20 days
[01:27:17.560 --> 01:27:21.560]  Now at the end of that 20 days, it says you have to answer
[01:27:21.560 --> 01:27:31.560]  Now, when you file any motion prior to that, say a motion to dismiss or like we're doing a continuance, does that move that answer date back
[01:27:31.560 --> 01:27:33.560]  No
[01:27:33.560 --> 01:27:38.560]  You still have to answer on the date that
[01:27:38.560 --> 01:27:45.560]  Yes, unless you request an extension of time
[01:27:45.560 --> 01:27:55.560]  Expansion of time, you can request the expansion of time if they give it, but you have to make sure that you have at least an answer ready
[01:27:55.560 --> 01:28:00.560]  The answer does not have to be complete, you just have to have one
[01:28:00.560 --> 01:28:06.560]  And if you get one in, if it's not complete, you can file an amended later
[01:28:06.560 --> 01:28:12.560]  Okay, we want to do the answer in affirmative defenses also
[01:28:12.560 --> 01:28:21.560]  Get it as good as you can, but do not go over the time limit in order to perfect your answer, get that thing in there
[01:28:21.560 --> 01:28:24.560]  You can supplement the answer later
[01:28:24.560 --> 01:28:31.560]  Okay, I guess I misunderstood about the flurry of motions part where you can file a bunch of motions and you have to answer, but alright
[01:28:31.560 --> 01:28:41.560]  You can, but the answer still, the time limit does not necessarily run, you would have to look at the specifics, I would never take that risk
[01:28:41.560 --> 01:28:43.560]  Okay
[01:28:43.560 --> 01:28:55.560]  We had a response to one of our suits here in Austin, the answer was one line, we deny all allegations by plaintiff, boom, send it in
[01:28:55.560 --> 01:28:59.560]  They got their answer in within the time limit
[01:28:59.560 --> 01:29:03.560]  Okay, so now you can go ahead and then you can amend that answer
[01:29:03.560 --> 01:29:12.560]  Now we play a kind of a game here, if we come back with a motion to strike
[01:29:12.560 --> 01:29:22.560]  Motion to strike, the answer is non-responsive, and we can get the judge to hear that and approve it before they can get an amended in, we win
[01:29:22.560 --> 01:29:30.560]  If not, if they can get an amended in before we can get a ruling on the motion to strike, they win
[01:29:30.560 --> 01:29:36.560]  So in this case, if you're up against the deadline, get something in there
[01:29:36.560 --> 01:29:39.560]  Alright, we'll get it in there, Randy
[01:29:39.560 --> 01:29:40.560]  Okay, wonderful
[01:29:40.560 --> 01:29:41.560]  Alright, thanks Bill
[01:29:41.560 --> 01:29:43.560]  Got it
[01:29:43.560 --> 01:29:51.560]  Okay, we are going to break now, we've got another half an hour left, callers stand in line, we're going to get through your calls by the end of the show
[01:29:51.560 --> 01:29:59.560]  This is the Rule of Law, ruleoflawradio.com, Randy Kelton, Eddie Craig, and I'm Deborah Stevens
[01:29:59.560 --> 01:30:03.560]  Top ten reasons to question the official story of the Oklahoma City bombing, reason number five
[01:30:03.560 --> 01:30:09.560]  As witnessed by millions of viewers, the rescue efforts were interrupted several times due to the presence of other explosives
[01:30:09.560 --> 01:30:18.560]  Government log entries indicate and witnesses report that after the initial devastating blast, a bomb complete with timer was discovered and removed from wreckage by the bomb squad
[01:30:18.560 --> 01:30:21.560]  Yet we are told it's all due to baseless bomb scares or other contrivances
[01:30:21.560 --> 01:30:28.560]  So while officials try to sort out their stories, all we ask is who planted these bombs and why is the government lying about them?
[01:30:28.560 --> 01:30:31.560]  For more information, go to okcbombingtruth.com
[01:30:31.560 --> 01:30:37.560]  Underage drinkers aren't the only ones who should worry about getting carded these days
[01:30:37.560 --> 01:30:43.560]  I'm Dr. Catherine Albrecht and I'll be back in a moment to tell you why handing over your driver's license could have a whole new meaning
[01:30:43.560 --> 01:30:45.560]  Privacy is under attack
[01:30:45.560 --> 01:30:49.560]  When you give up data about yourself, you'll never get it back again
[01:30:49.560 --> 01:30:54.560]  And once your privacy is gone, you'll find your freedoms will start to vanish too
[01:30:54.560 --> 01:30:59.560]  So protect your rights, say no to surveillance and keep your information to yourself
[01:30:59.560 --> 01:31:01.560]  Privacy, it's worth hanging on to
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[01:31:20.560 --> 01:31:26.560]  Licenses contain a goldmine of digital information like height, weight, address and birthdate
[01:31:26.560 --> 01:31:30.560]  Stores can scan this into their databases to create marketing profiles
[01:31:30.560 --> 01:31:35.560]  Overweight? You might get targeted advertising for the latest diet pill, all because you were carded
[01:31:35.560 --> 01:31:39.560]  Here's a tip to make your next ID request less invasive
[01:31:39.560 --> 01:31:44.560]  Place removable white tape over the magnetic strip and barcodes on your driver's license
[01:31:44.560 --> 01:31:49.560]  The clerk will be able to make a visual verification, but won't be able to download your data
[01:31:49.560 --> 01:31:54.560]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com
[01:32:19.560 --> 01:32:21.560]  Tools of massive capability
[01:32:21.560 --> 01:32:24.560]  Failure of all world eternity
[01:32:24.560 --> 01:32:27.560]  They come from natural divinity
[01:32:27.560 --> 01:32:31.560]  Listed by fruits and authenticity
[01:32:31.560 --> 01:32:34.560]  Tools of regal dignity
[01:32:34.560 --> 01:32:37.560]  Rebuild the crime of obesity
[01:32:37.560 --> 01:32:44.560]  And I say, truth in nature must be justice, I believe
[01:32:44.560 --> 01:32:50.560]  Truth in nature must be justice
[01:32:50.560 --> 01:32:53.560]  And though it's a daunting task
[01:32:53.560 --> 01:32:55.560]  At least I got the T-disease
[01:32:55.560 --> 01:33:00.560]  I said model to just take off the silly mask
[01:33:00.560 --> 01:33:02.560]  And in the light of day we all will fight
[01:33:02.560 --> 01:33:04.560]  Tools of ingenuity
[01:33:04.560 --> 01:33:06.560]  Okay folks, we're back
[01:33:06.560 --> 01:33:09.560]  I'm going to try to blaze through your calls here
[01:33:09.560 --> 01:33:12.560]  As best we can
[01:33:12.560 --> 01:33:17.560]  Okay, we had brought up Mark from Wisconsin, so go ahead, Mark
[01:33:17.560 --> 01:33:18.560]  Hello
[01:33:18.560 --> 01:33:19.560]  Yes, go ahead, Mark
[01:33:19.560 --> 01:33:24.560]  Hi, yeah, I just wanted to recommend, oh, it was nice to hear from Bill, thanks
[01:33:24.560 --> 01:33:27.560]  A website is called municode.com
[01:33:27.560 --> 01:33:35.560]  And they've got almost every municipal code in the United States here for most cities and towns
[01:33:35.560 --> 01:33:40.560]  And the other thing I wanted to say is, can I read this to you, Randy?
[01:33:40.560 --> 01:33:48.560]  I found this in the code too, no violation of any ordinance of the city of Madison shall be or be construed to be a misdemeanor
[01:33:48.560 --> 01:33:56.560]  Nor shall imprisonment be imposed as a punishment for violation of any ordinance
[01:33:56.560 --> 01:34:01.560]  So they're saying right in their code that they can't charge anybody with a criminal charge
[01:34:01.560 --> 01:34:05.560]  But yet I talked to one of the guys who's charged, you know, the Madison Five
[01:34:05.560 --> 01:34:08.560]  And he said they're being charged with a criminal charge
[01:34:08.560 --> 01:34:11.560]  I told him that's not good enough for your lawyer to tell you you're being charged criminally
[01:34:11.560 --> 01:34:18.560]  You need to file for cause, or what's that motion, cause and nature and cause?
[01:34:18.560 --> 01:34:19.560]  Nature and cause
[01:34:19.560 --> 01:34:25.560]  Right, and I told him to file for motion to challenge subject matter jurisdiction too
[01:34:25.560 --> 01:34:29.560]  Wait a minute, that goes to habeas corpus
[01:34:29.560 --> 01:34:30.560]  Does it?
[01:34:30.560 --> 01:34:32.560]  Yes, it does
[01:34:32.560 --> 01:34:40.560]  If the ordinances say that they can't be charged with a misdemeanor
[01:34:40.560 --> 01:34:45.560]  And they're charged with a misdemeanor, that goes to habeas corpus
[01:34:45.560 --> 01:34:54.560]  Well, see, what I think they're trying to do is they're charging them civilly with an ordinance that looks like a criminal state statute
[01:34:54.560 --> 01:35:00.560]  But as long as they say it's civil, you know, they're going to be able to try them under civil rules and all that when it's actually a crime
[01:35:00.560 --> 01:35:04.560]  I think if they are convicted on it, it'll show up on the record as a criminal charge though
[01:35:04.560 --> 01:35:08.560]  Does it carry a period of confinement?
[01:35:08.560 --> 01:35:09.560]  Yes, it does
[01:35:09.560 --> 01:35:16.560]  Then it absolutely is criminal, absolutely, without question, no matter what they call it, it is criminal
[01:35:16.560 --> 01:35:22.560]  It goes to their liberty, it goes to habeas corpus
[01:35:22.560 --> 01:35:25.560]  File the writ
[01:35:25.560 --> 01:35:30.560]  I don't know what to do with them right now because they got, you know, one of the biggest attorneys in Madison handling this
[01:35:30.560 --> 01:35:34.560]  And he's, I believe, deceiving them
[01:35:34.560 --> 01:35:38.560]  File bar payments against him
[01:35:38.560 --> 01:35:39.560]  Okay
[01:35:39.560 --> 01:35:43.560]  Are they paying him or is he court appointed?
[01:35:43.560 --> 01:35:45.560]  They're paying him
[01:35:45.560 --> 01:35:47.560]  Then get them to file bar payments against him
[01:35:47.560 --> 01:35:52.560]  They're not going to do anything I say, Randy, they think that this guy is God
[01:35:52.560 --> 01:35:56.560]  Yeah, he's going to screw them in the end
[01:35:56.560 --> 01:35:58.560]  That's what I think too
[01:35:58.560 --> 01:36:00.560]  There may not be anything you can do
[01:36:00.560 --> 01:36:09.560]  The hard part about what we're doing is having to accept we can't help everybody
[01:36:09.560 --> 01:36:14.560]  Well, the only reason I'm going after this guy is because it has implications for everyone in the county
[01:36:14.560 --> 01:36:25.560]  I realize that and you may not be able to help these guys, you may be able to help them exact retribution after they're screwed
[01:36:25.560 --> 01:36:31.560]  But they're not likely to take any action until they're screwed, especially when they have their liberty at risk
[01:36:31.560 --> 01:36:38.560]  It's hard to get people to be proactive when their liberty is at risk
[01:36:38.560 --> 01:36:46.560]  I'm doing this foreclosure issue and it's a whole lot easier to get people to be willing to go after the judge when it's their money and their property
[01:36:46.560 --> 01:36:55.560]  But when it's their liberty, the courts have a lot more stranglehold on the individual
[01:36:55.560 --> 01:37:05.560]  So you may not be able to help them until after the attorney has screwed them and then offer them remedy to repair
[01:37:05.560 --> 01:37:10.560]  Yeah, it'd be nice to be on the front end of this though, but anyway, hey, thanks a lot. I know you got a lot of callers. Good night
[01:37:10.560 --> 01:37:12.560]  All right, thanks, Mark
[01:37:12.560 --> 01:37:17.560]  Okay, we are going now to Martin in Texas
[01:37:17.560 --> 01:37:20.560]  Martin, thanks for calling in. What's on your mind tonight?
[01:37:20.560 --> 01:37:23.560]  Thank you, Randy and Debra, for all y'all do
[01:37:23.560 --> 01:37:34.560]  Yeah, this is an old case. I just wanted to invite you to ask you if there's anything I can do to affect recourse at this point
[01:37:34.560 --> 01:37:45.560]  It's been 20 years I was arrested and jailed for eight years on a 20-year sentence for marijuana possession back in 1982
[01:37:45.560 --> 01:37:52.560]  Believe it or not, I was in the same courtroom with a child molester who only got six years
[01:37:52.560 --> 01:37:55.560]  So I'll tell you about truth in the sentencing
[01:37:55.560 --> 01:38:09.560]  Basically, you know, they tried to charge me for, well, I got charged for possession, but I almost had to, I could have gotten off to
[01:38:09.560 --> 01:38:15.560]  I got sold out by a lawyer who was an Austin lawyer in a small town called Welle County
[01:38:15.560 --> 01:38:18.560]  If you're not an in-law, you're an outlaw down there
[01:38:18.560 --> 01:38:25.560]  And so I had gotten sold out by this lawyer who was from Austin
[01:38:25.560 --> 01:38:28.560]  I thought he was, you know, for the cause
[01:38:28.560 --> 01:38:32.560]  He represented the San Marcos 7 back in 1990
[01:38:32.560 --> 01:38:43.560]  And anyway, I had gone through the court and I found out in jail that somebody said, well, this is your name
[01:38:43.560 --> 01:38:46.560]  And he goes, well, there's some other people. Are you related to these people?
[01:38:46.560 --> 01:38:51.560]  And I said, no. Well, they're the same name. I didn't know them nor am I related to them
[01:38:51.560 --> 01:39:01.560]  But it turns out that the same name person and the same judge that threw the book at me had fallen down the court
[01:39:01.560 --> 01:39:07.560]  So he absconded from the state. He got busted for the same thing, marijuana possession, huge amount
[01:39:07.560 --> 01:39:09.560]  Mine was just personal use
[01:39:09.560 --> 01:39:17.560]  He absconded the state, comes back to court, falls down the courthouse steps and gets injured and sues the court
[01:39:17.560 --> 01:39:21.560]  And so apparently there was a personal vendetta
[01:39:21.560 --> 01:39:26.560]  That judge probably had it in for anybody with that same name
[01:39:26.560 --> 01:39:34.560]  But is there anything I could do or research to affect recourse in a case that, you know, I'm still on paper
[01:39:34.560 --> 01:39:44.560]  Is there anything I can do to research this case, the training, just to, you know, get it off or is it probably
[01:39:44.560 --> 01:39:53.560]  Almost certainly no. If it's been that long ago, almost certainly not
[01:39:53.560 --> 01:40:02.560]  If there was a conviction or a plea bargain, it is extremely difficult to turn one of those over
[01:40:02.560 --> 01:40:13.560]  Just claiming that the judge may be biased against you because your name won't be anywhere near enough
[01:40:13.560 --> 01:40:19.560]  But 20 years on personal possession
[01:40:19.560 --> 01:40:26.560]  Yeah, well, it was enhanced. I had a young history back in 80
[01:40:26.560 --> 01:40:35.560]  I had been clean and clear for 10 years and they enhanced me
[01:40:35.560 --> 01:40:42.560]  And then I got a ticket for the marijuana. I could have got them for double jeopardy
[01:40:42.560 --> 01:40:49.560]  But, you know, my lawyer, that lawyer, he would eat mine, but I paid him
[01:40:49.560 --> 01:40:51.560]  He didn't do his job
[01:40:51.560 --> 01:41:00.560]  Well, listen, Martin, is there a reason why you're wanting to get this overturned or at this point in time, so many years later?
[01:41:00.560 --> 01:41:09.560]  Well, I think it's just a matter of, you know, I've gotten better. I haven't gotten bitter, you know
[01:41:09.560 --> 01:41:21.560]  But yeah, I think it's just a matter of just to be clear of this and, you know
[01:41:21.560 --> 01:41:26.560]  We have a lot of people that's tried to overturn false convictions
[01:41:26.560 --> 01:41:29.560]  That is really tough
[01:41:29.560 --> 01:41:33.560]  And, you know, I'd like to say we can always get justice, but
[01:41:33.560 --> 01:41:37.560]  There's no justice. It's just us
[01:41:37.560 --> 01:41:39.560]  You understand that part
[01:41:39.560 --> 01:41:40.560]  Yes, sir
[01:41:40.560 --> 01:41:51.560]  And you would probably spend a lot of time and a lot of money and wind up wasting all of it because the courts are corrupt
[01:41:51.560 --> 01:41:56.560]  I doubt that you would be able to get positive remedy in this issue
[01:41:56.560 --> 01:42:08.560]  How about in truth and sentencing and perhaps a pardon type of situation based on any of my
[01:42:08.560 --> 01:42:16.560]  You would have to donate a lot of money to Perry or, from what I hear, maybe agree to sleep with him
[01:42:16.560 --> 01:42:21.560]  And you might get a pardon, but otherwise I don't see that much happening either
[01:42:21.560 --> 01:42:23.560]  They're reluctant to give pardons
[01:42:23.560 --> 01:42:28.560]  Unless you donate a lot of money, in that case they'll be
[01:42:28.560 --> 01:42:33.560]  Well, okay, I guess I got, you know, it's just something I thought maybe there was a possibility
[01:42:33.560 --> 01:42:40.560]  Just because, you know, I felt that was kind of railroaded, you know
[01:42:40.560 --> 01:42:50.560]  I would like to always have better news, but I don't think you would get much traction trying to overturn an old conviction
[01:42:50.560 --> 01:42:53.560]  Yes, I also have a mortgage issue
[01:42:53.560 --> 01:42:55.560]  I'm going to email you all about that
[01:42:55.560 --> 01:42:57.560]  What is your website, Randy?
[01:42:57.560 --> 01:43:06.560]  Send it to randyatrueloflawradio.com
[01:43:06.560 --> 01:43:08.560]  Okay, okay
[01:43:08.560 --> 01:43:10.560]  Well, I know you've got a lot of callers
[01:43:10.560 --> 01:43:12.560]  I'm going to let you all go and I appreciate your time
[01:43:12.560 --> 01:43:16.560]  And I really do appreciate what you're doing to empower the people
[01:43:16.560 --> 01:43:24.560]  And give them, you know, the tools they need to fix this broken system
[01:43:24.560 --> 01:43:25.560]  Thank you
[01:43:25.560 --> 01:43:27.560]  All right, thank you
[01:43:27.560 --> 01:43:29.560]  We appreciate it, Martin
[01:43:29.560 --> 01:43:31.560]  Okay, we're cutting the break
[01:43:31.560 --> 01:43:33.560]  We've got three more callers on the line
[01:43:33.560 --> 01:43:35.560]  We've got Chad, Mike, and Michael
[01:43:35.560 --> 01:43:36.560]  You three hang on
[01:43:36.560 --> 01:43:40.560]  We're going to do everything we can to get through y'all's calls
[01:43:40.560 --> 01:43:43.560]  Last segment coming up, ruleoflawradio.com
[01:43:43.560 --> 01:43:46.560]  We'll be right back
[01:44:13.560 --> 01:44:15.560]  We'll be right back
[01:44:44.560 --> 01:44:46.560]  And it's all natural
[01:44:46.560 --> 01:44:49.560]  Visit centrician.com to order yours
[01:44:49.560 --> 01:44:55.560]  Or call 1-866-497-7436
[01:44:55.560 --> 01:44:59.560]  After you use Centrician, you'll believe in supplements again
[01:44:59.560 --> 01:45:03.560]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:20.560 --> 01:46:26.560]  Okay, folks, we are back. We're going to try to lace through the rest of your calls in this final segment
[01:46:26.560 --> 01:46:30.560]  So let's try to keep the questions short and efficient
[01:46:30.560 --> 01:46:35.560]  Chad from Texas, what's on your mind? What's your question?
[01:46:35.560 --> 01:46:40.560]  Hi, Randy, Deborah, Eddie, I really appreciate what y'all are doing
[01:46:40.560 --> 01:46:42.560]  Thanks
[01:46:42.560 --> 01:46:48.560]  I'll comment first. The lady attorney you had on not too long ago, I don't remember her name
[01:46:48.560 --> 01:46:53.560]  She recommended a book called Making Your Case by Justice Delia
[01:46:53.560 --> 01:46:58.560]  and the head editor of Black's Law Dictionary, Garner
[01:46:58.560 --> 01:47:02.560]  Yes, that was Dawn Kennedy. She's a law student
[01:47:02.560 --> 01:47:09.560]  Oh, I see. That is an excellent book, and I would highly recommend it to anyone
[01:47:09.560 --> 01:47:12.560]  Dawn what?
[01:47:12.560 --> 01:47:13.560]  Dawn Kennedy
[01:47:13.560 --> 01:47:23.560]  Kennedy, okay. Well, I have a narrative here, so I'll try to run through it and get to the questions pretty quick
[01:47:23.560 --> 01:47:30.560]  I appeared for a traffic ticket, told the clerk I did not wish to enter a plea at that time
[01:47:30.560 --> 01:47:35.560]  I wanted to file a motion. I agreed to a court date
[01:47:35.560 --> 01:47:38.560]  I was not asked if I wanted a court reporter
[01:47:38.560 --> 01:47:45.560]  The paper I received said there was a plea of not guilty, which I didn't, you know, I didn't make
[01:47:45.560 --> 01:47:47.560]  Is this Austin?
[01:47:47.560 --> 01:47:48.560]  Yes, it is
[01:47:48.560 --> 01:47:50.560]  That figures
[01:47:50.560 --> 01:47:57.560]  And a few days later, I filed a motion to furnish a copy of information and for specific discovery
[01:47:57.560 --> 01:48:02.560]  I misplaced the paper and missed the date. I showed up and posted a bond
[01:48:02.560 --> 01:48:10.560]  And I specified that there was no, I was not entering a plea and that I wanted a court reporter
[01:48:10.560 --> 01:48:19.560]  The new paper I received reflected the court reporter request, but still showed a plea of not guilty
[01:48:19.560 --> 01:48:26.560]  And, you know, I forgot to set the motions for hearing. That's, you know, my mistake
[01:48:26.560 --> 01:48:33.560]  So I showed up at the new court date and the prosecutor twice announced that the state was ready for trial
[01:48:33.560 --> 01:48:39.560]  The judge ordered the trial reset pending a pretrial hearing on the motions filed
[01:48:39.560 --> 01:48:43.560]  I said that's not necessary. There's no charging instrument
[01:48:43.560 --> 01:48:49.560]  The judge said the complaint is the charging instrument and it's his discretion to reset it
[01:48:49.560 --> 01:48:54.560]  But no motion was made by myself or the prosecutor for a pretrial hearing or resetting
[01:48:54.560 --> 01:48:58.560]  So can the judge do that on his own initiative?
[01:48:58.560 --> 01:48:59.560]  Yes
[01:48:59.560 --> 01:49:00.560]  Yes
[01:49:00.560 --> 01:49:06.560]  Slight problem, however. He's a ball-faced liar on the citation serving as the complaint
[01:49:06.560 --> 01:49:13.560]  It says very clearly in the code, even if he's morons, enter a plea on your behalf
[01:49:13.560 --> 01:49:15.560]  The plea must be not guilty
[01:49:15.560 --> 01:49:24.560]  And upon the entering of the plea of not guilty, it is a requirement of law that the complaint be filled out at that time
[01:49:24.560 --> 01:49:32.560]  Now that's illegal and unconstitutional, but it's what the law says they're supposed to do
[01:49:32.560 --> 01:49:38.560]  So he cannot proceed on the citation alone, no matter how much he wants to
[01:49:38.560 --> 01:49:43.560]  How can you find out if the complaint was filled out later but still shows the date of the event?
[01:49:43.560 --> 01:49:48.560]  Be date and time stamped according to the date it was received by the clerk
[01:49:48.560 --> 01:49:52.560]  Because I got a copy of a complaint and probable cause
[01:49:52.560 --> 01:49:55.560]  Are you sure you have a copy of a complaint?
[01:49:55.560 --> 01:50:05.560]  Well, it says that and they signed it with the date of the alleged offense, but it's not stamped
[01:50:05.560 --> 01:50:08.560]  It's not stamped with the court stamp?
[01:50:08.560 --> 01:50:09.560]  Right
[01:50:09.560 --> 01:50:12.560]  Then it's not filed
[01:50:12.560 --> 01:50:16.560]  Yeah, if it's not, and who signed it?
[01:50:16.560 --> 01:50:23.560]  The officer and another officer who was the witness
[01:50:23.560 --> 01:50:34.560]  And I asked if he was able to give an oath and he said the other officer said that he was
[01:50:34.560 --> 01:50:38.560]  Yes, police officers can give oaths for traffic citations
[01:50:38.560 --> 01:50:39.560]  Okay
[01:50:39.560 --> 01:50:44.560]  But they still have several jurisdictional problems
[01:50:44.560 --> 01:50:51.560]  The first one being that the complaint is not a valid charging instrument, no way, no how
[01:50:51.560 --> 01:50:59.560]  The second thing is that 2.05 is very, very clear in that in any county having a criminal district court
[01:50:59.560 --> 01:51:06.560]  An information must be filed in all misdemeanor cases, end of story
[01:51:06.560 --> 01:51:13.560]  There is no exception to that rule in Chapter 45, anywhere, in any way, shape or form
[01:51:13.560 --> 01:51:20.560]  Well, in the Constitution it doesn't make the limitation to district courts only
[01:51:20.560 --> 01:51:21.560]  So how can
[01:51:21.560 --> 01:51:27.560]  You are correct, 2.05 is unconstitutional as written, but that hasn't been challenged in court yet
[01:51:27.560 --> 01:51:36.560]  However, 45.01 that used to say the same thing about the municipal courts being able to proceed upon complaint alone
[01:51:36.560 --> 01:51:41.560]  Was challenged and was repealed because it was unconstitutional
[01:51:41.560 --> 01:51:47.560]  And it said virtually the same thing
[01:51:47.560 --> 01:51:53.560]  Okay, so can I withdraw or invalidate the recorded plea?
[01:51:53.560 --> 01:51:56.560]  Okay, what have you filed in this case so far?
[01:51:56.560 --> 01:52:03.560]  A motion to furnish a copy of information and a motion for a specific discovery
[01:52:03.560 --> 01:52:04.560]  Which neither one was ruled on
[01:52:04.560 --> 01:52:07.560]  Specific discovery related to what?
[01:52:07.560 --> 01:52:14.560]  To the officer's notes and various other things
[01:52:14.560 --> 01:52:22.560]  Okay, well the first thing is you've not filed anything challenging jurisdiction of the court
[01:52:22.560 --> 01:52:28.560]  Okay, that's always the first thing you do is challenge the jurisdiction of the court
[01:52:28.560 --> 01:52:31.560]  Now in Austin they have this problem
[01:52:31.560 --> 01:52:37.560]  They think they have jurisdiction over everything all the time
[01:52:37.560 --> 01:52:39.560]  Regardless of what the law says
[01:52:39.560 --> 01:52:47.560]  That's the way that it's come to my understanding after being on this show and taking as many calls from this city as I have
[01:52:47.560 --> 01:52:52.560]  They think they can charge anybody with anything and they always have jurisdiction
[01:52:52.560 --> 01:52:55.560]  They don't
[01:52:55.560 --> 01:53:04.560]  Okay, but doesn't the Code of Criminal Procedure allow for a waiving of rights if one enters a plea without first challenging jurisdiction?
[01:53:04.560 --> 01:53:09.560]  Okay, you're raising an issue about a plea that's a non-issue
[01:53:09.560 --> 01:53:10.560]  Okay
[01:53:10.560 --> 01:53:12.560]  They're not saying you entered a plea
[01:53:12.560 --> 01:53:13.560]  They entered a plea for you
[01:53:13.560 --> 01:53:15.560]  They aren't saying that
[01:53:15.560 --> 01:53:22.560]  No, they entered the plea on your behalf but without jurisdiction the court can't do that
[01:53:22.560 --> 01:53:23.560]  Okay
[01:53:23.560 --> 01:53:27.560]  If the court enters a plea it doesn't affect your rights
[01:53:27.560 --> 01:53:28.560]  Okay
[01:53:28.560 --> 01:53:35.560]  You didn't enter it voluntarily in court, full disclosure, free of coercion
[01:53:35.560 --> 01:53:39.560]  Now you can file a motion to withdraw that plea
[01:53:39.560 --> 01:53:42.560]  Okay
[01:53:42.560 --> 01:53:47.560]  They will ignore it but you need to do it to make the record
[01:53:47.560 --> 01:53:48.560]  Okay
[01:53:48.560 --> 01:53:49.560]  All right
[01:53:49.560 --> 01:53:54.560]  And you need to file a motion to jurisdiction such as the one that I just completed
[01:53:54.560 --> 01:54:00.560]  Should Randy ever bother to finish jeopardizing the thing through Lexus?
[01:54:00.560 --> 01:54:02.560]  I'm eager to see it
[01:54:02.560 --> 01:54:07.560]  If I could get Eddie to pick up about a tenth of the work that I have to do
[01:54:07.560 --> 01:54:13.560]  Otherwise I'd be glad to take the time off and do that
[01:54:13.560 --> 01:54:16.560]  Okay, there was also no court reporter there
[01:54:16.560 --> 01:54:21.560]  The first time I appeared I wasn't asked if I wanted a court reporter
[01:54:21.560 --> 01:54:24.560]  And then like I said I missed that date and then posted the bond
[01:54:24.560 --> 01:54:28.560]  Went back and I did specify if I wanted a court reporter
[01:54:28.560 --> 01:54:31.560]  This is a court of record, you don't have to request it
[01:54:31.560 --> 01:54:33.560]  They must provide it
[01:54:33.560 --> 01:54:37.560]  Okay, well there wasn't one there when I showed up for the scheduled trial date
[01:54:37.560 --> 01:54:41.560]  When you go back, this is what I suggest you do
[01:54:41.560 --> 01:54:50.560]  You ask the judge if the court reporter has hearing issues
[01:54:50.560 --> 01:54:57.560]  As you have reason to believe that some of the court reporters here have problems with their hearing
[01:54:57.560 --> 01:55:03.560]  That it seems that if the court says or does something that has the appearance of being improper
[01:55:03.560 --> 01:55:08.560]  That the court reporter tends to get very deaf
[01:55:08.560 --> 01:55:13.560]  And you want to make sure that the court reporter doesn't miss anything
[01:55:13.560 --> 01:55:19.560]  So that the transcript of the court reporter matches what actually went on in the court
[01:55:19.560 --> 01:55:25.560]  And to ensure that, ask the court for permission to record
[01:55:25.560 --> 01:55:28.560]  And take two recorders with you
[01:55:28.560 --> 01:55:32.560]  One that's obvious, one that's not
[01:55:32.560 --> 01:55:35.560]  I like really big boom boxes
[01:55:35.560 --> 01:55:39.560]  Set it down there on the table, click the record button
[01:55:39.560 --> 01:55:42.560]  And let the judge order you to turn that thing off
[01:55:42.560 --> 01:55:47.560]  Turn it off with this rail and righteous indignation
[01:55:47.560 --> 01:55:52.560]  But never say to him, I'm having hearing issues
[01:55:52.560 --> 01:55:56.560]  So will you please look and speak clearly into my pen
[01:55:56.560 --> 01:55:58.560]  Okay, wait a minute, wait a minute folks
[01:55:58.560 --> 01:56:01.560]  We have about two and a half minutes left
[01:56:01.560 --> 01:56:06.560]  And Michael and Mike have been hanging on the line for two and a half hours
[01:56:06.560 --> 01:56:10.560]  Eddie, Randy, do you want to go into like maybe 15 minutes over time
[01:56:10.560 --> 01:56:14.560]  To help Michael and Mike because they've been hanging on the line for so long?
[01:56:14.560 --> 01:56:15.560]  Yes
[01:56:15.560 --> 01:56:16.560]  Okay, alright
[01:56:16.560 --> 01:56:18.560]  We're going to make a special exception
[01:56:18.560 --> 01:56:22.560]  I've stopped all over time because I just don't have the time to do any more
[01:56:22.560 --> 01:56:24.560]  Because Michael and Mike are so dedicated
[01:56:24.560 --> 01:56:25.560]  We're going to stay on the line
[01:56:25.560 --> 01:56:28.560]  I'm turning the phones off, we're not taking any more calls
[01:56:28.560 --> 01:56:31.560]  But we're going to go to the top of the hour break
[01:56:31.560 --> 01:56:33.560]  And then we'll take Michael and Mike
[01:56:33.560 --> 01:56:35.560]  Okay, so go ahead Chad
[01:56:35.560 --> 01:56:40.560]  So then do motions have no effect if they're not set for hearing
[01:56:40.560 --> 01:56:42.560]  And not possibly answered before trial?
[01:56:42.560 --> 01:56:49.560]  The court may not go to trial until they've had hearings on all your motions
[01:56:49.560 --> 01:56:54.560]  Any pre-trial hearing is for the purpose of hearing motions before the court
[01:56:54.560 --> 01:56:58.560]  If you want a motion heard before a pre-trial hearing
[01:56:58.560 --> 01:57:00.560]  Now this goes to criminal issues
[01:57:00.560 --> 01:57:03.560]  If it's criminal, if they have a pre-trial, that's for hearing motions
[01:57:03.560 --> 01:57:06.560]  That's the only reason they can hold it
[01:57:06.560 --> 01:57:15.560]  2801 tells the court what they can summon you to come to the court for
[01:57:15.560 --> 01:57:20.560]  And it almost all goes to pre-trial motions
[01:57:20.560 --> 01:57:23.560]  So that's why the judge granted the continuance
[01:57:23.560 --> 01:57:28.560]  Because he hadn't had a pre-trial hearing to hear the motions
[01:57:28.560 --> 01:57:30.560]  I think that's kind of aiding the prosecution though
[01:57:30.560 --> 01:57:32.560]  Because I asked the prosecutor in front of him
[01:57:32.560 --> 01:57:36.560]  Is there an information and the prosecutor said no
[01:57:36.560 --> 01:57:40.560]  You should have immediately demanded a dismissal with prejudice
[01:57:40.560 --> 01:57:49.560]  The state is perpetrating fraud upon the court by declaring it is ready for trial when it is not
[01:57:49.560 --> 01:57:54.560]  And you can file a motion to dismiss for a violation of due process
[01:57:54.560 --> 01:57:59.560]  Now there is a case that I've read recently
[01:57:59.560 --> 01:58:01.560]  Though it's not a recent case
[01:58:01.560 --> 01:58:06.560]  But it very clearly states that once the state has declared itself ready for trial
[01:58:06.560 --> 01:58:12.560]  And it has not done everything required to obtain and convey jurisdiction to the court
[01:58:12.560 --> 01:58:14.560]  It's too late
[01:58:14.560 --> 01:58:19.560]  So lacking the information or other charging instrument, they're FUBAR
[01:58:19.560 --> 01:58:22.560]  Okay, thanks guys, I'll drop off and listen
[01:58:22.560 --> 01:58:24.560]  Okay, thanks Chad
[01:58:24.560 --> 01:58:25.560]  Thank you, bye
[01:58:25.560 --> 01:58:27.560]  Okay, we're making a special exception
[01:58:27.560 --> 01:58:32.560]  We're going to go into a few minutes of overtime for Michael from Maryland and Mike from Texas
[01:58:32.560 --> 01:58:59.560]  So you two hang on the line and we'll be right back after a top of the hour break
[01:59:02.560 --> 01:59:06.560]  I'm dangerous, dangerous
[01:59:06.560 --> 01:59:08.560]  I'm like a stepping race
[01:59:08.560 --> 01:59:10.560]  Don't watch my side
[01:59:10.560 --> 01:59:13.560]  I'm dangerous, dangerous
[01:59:13.560 --> 01:59:16.560]  If you are a Chucky
[01:59:16.560 --> 01:59:21.560]  Nobody Chucky from me
[01:59:21.560 --> 01:59:24.560]  If you are a Chucky, Chucky
[01:59:24.560 --> 01:59:28.560]  Nobody Chucky from me
[01:59:28.560 --> 01:59:31.560]  I'm like a stepping race
[01:59:31.560 --> 01:59:33.560]  Don't watch my side
[01:59:33.560 --> 01:59:36.560]  I'm dangerous, I'm dangerous
[01:59:36.560 --> 01:59:39.560]  I'm like a stepping race
[01:59:39.560 --> 01:59:41.560]  Don't watch my side
[01:59:41.560 --> 01:59:44.560]  I'm dangerous, dangerous
[01:59:44.560 --> 01:59:47.560]  If you eat out of my balls
[01:59:47.560 --> 01:59:51.560]  It's the truth, it's the truth
[01:59:51.560 --> 01:59:54.560]  It's the truth, let's move
[01:59:54.560 --> 02:00:01.560]  Let's move, let's move