ROL_2010-11-05_16k_Hr3-4.timecode

[00:00.000 --> 00:10.260]  A new Harvard study has found the mainstream media engaged in widespread self-censorship
[00:10.260 --> 00:12.460]  during the Bush administration.
[00:12.460 --> 00:19.000]  The study found the New York Times characterized waterboarding as torture, and 44 of 54 articles
[00:19.000 --> 00:21.520]  prior to Bush's presidency.
[00:21.520 --> 00:27.280]  During the Bush presidency, only two articles out of 143 referred to waterboarding as torture.
[00:27.280 --> 00:32.240]  George Bush said in his memoir, he authorized waterboarding for terror suspects, claiming
[00:32.240 --> 00:37.880]  it was not torture, but an enhanced interrogation technique.
[00:37.880 --> 00:43.400]  More than 80,000 people fled the latest eruptions on Indonesia's Mount Merapi, following more
[00:43.400 --> 00:45.440]  violent activity overnight.
[00:45.440 --> 00:50.360]  Since the volcano began erupting 10 days ago, 120 people have died.
[00:50.360 --> 00:56.960]  Health officials worry survivors will get sick, breathing the thick dust and sand in the air.
[00:56.960 --> 01:02.200]  Alameda County, California has become home to the first transgender trial judge in the
[01:02.200 --> 01:03.200]  country.
[01:03.200 --> 01:09.760]  Victoria Kalakowski beat deputy district attorney John Cretin with more than 25 years experience
[01:09.760 --> 01:11.240]  as a prosecutor.
[01:11.240 --> 01:16.560]  Kalakowski, who was born a male, campaigned on bringing change to a bench that was too
[01:16.560 --> 01:20.360]  overloaded with white males.
[01:20.360 --> 01:25.440]  George Bush has admitted in his new memoir he personally authorized torture.
[01:25.440 --> 01:30.520]  Bush wrote in Decision Points, when the CIA asked him for permission to waterboard alleged
[01:30.520 --> 01:36.320]  9-11 plaza Khalid Sheikh Mohammed, Bush answered, quote, damn right.
[01:36.320 --> 01:41.600]  Waterboarding or simulated drowning is considered torture under the UN Convention Against Torture,
[01:41.600 --> 01:44.360]  which the US ratified in 1994.
[01:44.360 --> 01:49.720]  Barack Obama has acknowledged waterboarding is torture, but so far has not sought to prosecute
[01:49.720 --> 01:53.640]  any former members of the Bush administration who endorsed it.
[01:53.640 --> 01:59.120]  Critics say there's no evidence torture saved lives or any useful information was extracted
[01:59.120 --> 02:00.400]  from Mohammed.
[02:00.400 --> 02:05.320]  Tom Malinowski, an advocacy director for Human Rights Watch, said, the fact that none of
[02:05.320 --> 02:11.160]  us expect any serious consequences from this admission is what's most interesting.
[02:11.160 --> 02:17.480]  Bush's public admission suggested he believes he's immune from prosecution.
[02:17.480 --> 02:22.960]  China rebuffed a US plan Friday to set target limits for trade imbalances, and Germany dubbed
[02:22.960 --> 02:28.240]  the Fed's money printing policy clueless, setting the stage for what could be a fractious
[02:28.240 --> 02:30.360]  G20 summit next week.
[02:30.360 --> 02:36.800]  Reuters said Washington believes an undervalued yawn is a major cause of economic imbalances
[02:36.800 --> 02:41.400]  and has pressed Beijing to let its currency rise to reflect the strength of the world's
[02:41.400 --> 02:43.200]  second largest economy.
[02:43.200 --> 02:48.320]  The debate has been complicated by the Federal Reserve's decision to buy $600 billion in
[02:48.320 --> 02:55.320]  long-term bonds with newly printed money in an effort to revive the flagging US economy.
[03:18.320 --> 03:41.440]  Okay, folks, we are back.
[03:41.440 --> 03:45.240]  We're taking your calls.
[03:45.240 --> 03:50.000]  Right now, we are going to go to Joe in Texas, a first-time caller.
[03:50.000 --> 03:51.720]  Joe, thanks for calling in.
[03:51.720 --> 03:52.720]  What's on your mind tonight?
[03:52.720 --> 03:53.720]  Thank you, guys.
[03:53.720 --> 03:56.080]  I wanted to ask you a question.
[03:56.080 --> 04:02.920]  I work for a small company, and we have a bigger company that just bought us out.
[04:02.920 --> 04:09.120]  And as of last week, they were trying to put in the insurance for our medical, and they
[04:09.120 --> 04:14.120]  were kind of rushing it, and the supervisor stated to me several times, Joe, if you don't
[04:14.120 --> 04:17.080]  submit this, you will get fired.
[04:17.080 --> 04:18.080]  That was his comment.
[04:18.080 --> 04:28.200]  Then, of course, we had to do a urinalysis test, so I went to take that test, and Friday,
[04:28.200 --> 04:35.480]  and then these past three days, they were trying to contact me through the phone, and
[04:35.480 --> 04:38.600]  I thought there was a bill collector, and the supervisor, how come you didn't answer
[04:38.600 --> 04:39.600]  the phone?
[04:39.600 --> 04:40.600]  They've been trying to call you.
[04:40.600 --> 04:45.720]  So Thursday, I get a call from one of the warehouse guys who tells me, Joe, did you
[04:45.720 --> 04:46.720]  take a urine test?
[04:46.720 --> 04:47.720]  I said, I did.
[04:47.720 --> 04:48.720]  I did it Friday.
[04:48.720 --> 04:55.840]  And so when I get to the warehouse at 5 o'clock, one of the guys said, well, what happened
[04:55.840 --> 04:56.840]  with my urine test?
[04:56.840 --> 04:58.840]  They said, well, they lost it.
[04:58.840 --> 05:02.560]  They lost the urine test.
[05:02.560 --> 05:04.680]  And so that was a 5 o'clock Thursday.
[05:04.680 --> 05:09.400]  Then on the 5 o'clock Wednesday, then Thursday morning, I show up to work, and they fire
[05:09.400 --> 05:11.840]  me on the spot.
[05:11.840 --> 05:13.320]  Why did they fire you?
[05:13.320 --> 05:18.160]  Well, because he already had the positive test that it showed positive that was, you
[05:18.160 --> 05:23.160]  know, as far as the, you know, they passed the urine test.
[05:23.160 --> 05:24.160]  I thought they lost it.
[05:24.160 --> 05:25.160]  Yeah, well, that's what the supervisor told me.
[05:25.160 --> 05:30.160]  He said, they lost it, and then he said, no, they found it 30 minutes ago.
[05:30.160 --> 05:37.480]  OK, they found it 30 minutes ago, I said, and they sent it to Washington State from
[05:37.480 --> 05:39.640]  Texas here overnight.
[05:39.640 --> 05:44.440]  And in the morning, I go in, and they told me, I'm fired.
[05:44.440 --> 05:49.080]  And not only that, it's confidential, and the whole warehouse knew about it.
[05:49.080 --> 05:53.280]  All the people, you know, they took me inside, and then he started to interrogate me, and
[05:53.280 --> 05:56.840]  said, Joe, did you smoke, did you do this?
[05:56.840 --> 06:01.600]  And I said, yes, but they never asked why I smoked, because I told them, you know, I
[06:01.600 --> 06:07.080]  had taken the own test myself, and I had passed it before I did it.
[06:07.080 --> 06:14.200]  You know, and so that was the outcome of that situation, that they said that they lost it
[06:14.200 --> 06:18.920]  by 5 o'clock next morning, I show up to work, and they fired me.
[06:18.920 --> 06:29.680]  So I was wondering if I could get some advice from you all as to what I should do.
[06:29.680 --> 06:32.840]  I would certainly insist on another test.
[06:32.840 --> 06:36.040]  Well, they didn't request that.
[06:36.040 --> 06:40.720]  I mean, you know, they didn't, they just fired me, and I called them today, and I said, you
[06:40.720 --> 06:43.400]  know, how can you say you lost it?
[06:43.400 --> 06:46.000]  And I show up in the evening when I've, you know, got through.
[06:46.000 --> 06:49.880]  Yeah, well, they're going to do whatever they're going to do, but what Randy is saying, that
[06:49.880 --> 06:54.200]  you insist on another test, and you tell them you're going to sue them if they don't give
[06:54.200 --> 06:55.200]  you another one.
[06:55.200 --> 06:56.200]  Okay.
[06:56.200 --> 06:58.400]  And then if they don't, move for wrongful termination.
[06:58.400 --> 07:01.280]  What is it wrong?
[07:01.280 --> 07:02.280]  Wrongful termination.
[07:02.280 --> 07:03.280]  Wrongful termination?
[07:03.280 --> 07:04.280]  Okay.
[07:04.280 --> 07:10.240]  And that's the best, I mean, I can go that route then, ask them that I need another test.
[07:10.240 --> 07:18.800]  Yeah, it's hard in Texas, though, because you, Texas is not a right-to-work state.
[07:18.800 --> 07:25.080]  You work at the pleasure of the employer, but there is case law that says that you have
[07:25.080 --> 07:32.840]  a property right in your position, because you have a personal investment in it.
[07:32.840 --> 07:38.560]  Now, here's the question, I called Dallas and asked one of the secretaries, I said,
[07:38.560 --> 07:43.120]  well, here's the situation, they bought us out, and we don't know if they're going to
[07:43.120 --> 07:49.080]  hire us in February, so that's the lingering part about it.
[07:49.080 --> 07:52.640]  You say they have nothing in paper, they're going to hire us, and we don't know if they're
[07:52.640 --> 07:54.640]  going to hire us or get rid of us.
[07:54.640 --> 07:58.520]  Well, do you have a contract with them?
[07:58.520 --> 08:00.480]  No, I don't.
[08:00.480 --> 08:01.800]  They just bought out the company.
[08:01.800 --> 08:05.720]  Well, do you have a contract with the company you're working with?
[08:05.720 --> 08:12.400]  No, it wasn't the smaller company, they bought us out, you know, so we didn't have a contract,
[08:12.400 --> 08:15.640]  we're just employees, you know.
[08:15.640 --> 08:17.440]  How long had you been working for the company?
[08:17.440 --> 08:18.440]  For 10 years.
[08:18.440 --> 08:21.440]  And you have a property right in the company?
[08:21.440 --> 08:23.120]  Property right in the company?
[08:23.120 --> 08:28.200]  Or in the position itself, because you have a 10-year investment in it.
[08:28.200 --> 08:33.360]  Because they gave us some funds, we, you know, had some funds they had to, you know, that
[08:33.360 --> 08:38.720]  I accumulated, and they closed the mutual funds we had.
[08:38.720 --> 08:42.880]  But they told us, I said, they're going to treat you like you were working with them
[08:42.880 --> 08:48.000]  for 10 years, but yet I don't know if I'm going to get a job or not.
[08:48.000 --> 08:52.600]  And they said, and then they say, well, we're going to give you $1,700, and we're going
[08:52.600 --> 08:55.560]  to give you compensation if we don't hire you.
[08:55.560 --> 09:02.240]  So they make up a reason to fire you, they fire you so they don't have to pay you that.
[09:02.240 --> 09:05.320]  I would look at a wrongful termination suit.
[09:05.320 --> 09:06.680]  Wrongful termination suit?
[09:06.680 --> 09:07.680]  Yes.
[09:07.680 --> 09:11.560]  Is there any attorney you would suggest here in Austin, or do you know anybody?
[09:11.560 --> 09:18.280]  No, we don't know any, I don't know any that handle that kind of thing.
[09:18.280 --> 09:24.320]  So as far as the supervisor interrogated me after, you know, in other words, he said,
[09:24.320 --> 09:29.160]  so-and-so wants to talk in the office, and then this other guy walks in just to hear
[09:29.160 --> 09:30.160]  what I have to say.
[09:30.160 --> 09:34.080]  And I said, and I told the person in Dallas, well, for some reason, all the people in the
[09:34.080 --> 09:35.080]  warehouse know now.
[09:35.080 --> 09:36.080]  Just like that.
[09:36.080 --> 09:38.080]  So you could add slander to the...
[09:38.080 --> 09:39.080]  Slander?
[09:39.080 --> 09:40.080]  Yes, to the suit.
[09:40.080 --> 09:41.080]  To the suit?
[09:41.080 --> 09:42.080]  Okay.
[09:42.080 --> 09:44.840]  I appreciate your time.
[09:44.840 --> 09:45.840]  Thank you very much.
[09:45.840 --> 09:46.840]  Okay.
[09:46.840 --> 09:47.840]  Thanks.
[09:47.840 --> 09:48.840]  Okay.
[09:48.840 --> 09:54.640]  We're going to continue on, we're going to Carlos in California.
[09:54.640 --> 09:56.240]  Carlos, thanks for calling in.
[09:56.240 --> 09:57.240]  What's on your mind tonight?
[09:57.240 --> 09:58.240]  All right.
[09:58.240 --> 09:59.240]  Thank you, guys.
[09:59.240 --> 10:00.240]  Thank you.
[10:00.240 --> 10:01.240]  Good evening.
[10:01.240 --> 10:02.240]  Okay.
[10:02.240 --> 10:04.760]  Mr. Kelton, I'm back.
[10:04.760 --> 10:05.760]  I moved my case.
[10:05.760 --> 10:08.760]  I told him you were going to bust my chops.
[10:08.760 --> 10:09.760]  I will.
[10:09.760 --> 10:10.760]  I try hard, though.
[10:10.760 --> 10:11.760]  Okay.
[10:11.760 --> 10:14.600]  Let me try one more time.
[10:14.600 --> 10:19.040]  I moved my case to the district court, the federal court in California.
[10:19.040 --> 10:20.040]  I'm in California.
[10:20.040 --> 10:21.040]  You know that.
[10:21.040 --> 10:22.040]  Yeah.
[10:22.040 --> 10:23.040]  So that everybody knows.
[10:23.040 --> 10:24.040]  Okay.
[10:24.040 --> 10:26.760]  And also, they send it back.
[10:26.760 --> 10:29.760]  They send it back and says, we don't deal with the lawful detainers.
[10:29.760 --> 10:30.840]  That's fine.
[10:30.840 --> 10:34.200]  I'm going to go to my hearing.
[10:34.200 --> 10:36.840]  Already hired my recorder.
[10:36.840 --> 10:42.320]  I'm going to take that recorder with me to trial.
[10:42.320 --> 10:43.620]  That's next week.
[10:43.620 --> 10:50.680]  My question is this, now that I'm in trouble now, I need to file a quiet title.
[10:50.680 --> 10:51.680]  Should I file it?
[10:51.680 --> 10:56.880]  Obviously, I'm going to file it before Tuesday, before trial date.
[10:56.880 --> 11:02.720]  And I do have good grants for them to, for me to win on the trial, and I'll explain
[11:02.720 --> 11:04.800]  a little later.
[11:04.800 --> 11:10.760]  My question is this, can I file a quiet title in federal court, or should I file in state
[11:10.760 --> 11:14.920]  court, and then sue them in federal?
[11:14.920 --> 11:20.280]  If you sue them in the federal, you'll make the quiet title claim in the federal action.
[11:20.280 --> 11:21.280]  Yes.
[11:21.280 --> 11:27.760]  I'm afraid they'll throw it out and say this quiet title doesn't belong, because quiet
[11:27.760 --> 11:30.880]  title in California belongs in state court.
[11:30.880 --> 11:37.880]  However, if you have federal claims, then the federal, if you have federal and state
[11:37.880 --> 11:49.160]  claims in one action, whatever court has jurisdiction to hear, can hear both.
[11:49.160 --> 11:56.480]  So if you file it in the federal court, and there are federal issues, you can claim equitable
[11:56.480 --> 12:03.480]  tolling, and you need to look at the chain of possession and security instruments so
[12:03.480 --> 12:08.440]  that you can claim diversity jurisdiction by claiming one of those names that are out
[12:08.440 --> 12:12.220]  of state and not registered to do business in the state.
[12:12.220 --> 12:17.960]  One of the investors who aren't doing business in the state so they won't have a minimum
[12:17.960 --> 12:25.160]  contacts with the state under international shield, that'll get you diversity jurisdiction.
[12:25.160 --> 12:28.140]  That'll get you in, hold you in the federal court.
[12:28.140 --> 12:34.680]  And the feds can adjudicate state clients.
[12:34.680 --> 12:41.000]  And also, going back to my trial on Tuesday, I went through my California judge's bench
[12:41.000 --> 12:47.480]  book, and I did find a little bit of info that I like, and it says there, obviously
[12:47.480 --> 12:50.160]  that book was written by judges, right?
[12:50.160 --> 12:51.160]  Yes.
[12:51.160 --> 12:58.240]  It says that if due process is raised in trial, it must be heard.
[12:58.240 --> 13:00.440]  I mean, that's good news.
[13:00.440 --> 13:01.440]  Yes.
[13:01.440 --> 13:02.440]  That's good news.
[13:02.440 --> 13:10.680]  And it also, it says even though this is an unlawful detainer, even though it's not pertaining
[13:10.680 --> 13:17.120]  to fraud, it must be heard when it comes to title, and it cannot be heard in unlawful
[13:17.120 --> 13:18.120]  detainer.
[13:18.120 --> 13:22.760]  So I'm going to throw it out of there, and I'm going to raise due process, and it must
[13:22.760 --> 13:23.760]  be heard.
[13:23.760 --> 13:24.760]  It's in their book.
[13:24.760 --> 13:25.760]  I'm going to put it in their face.
[13:25.760 --> 13:26.760]  Good.
[13:26.760 --> 13:27.760]  Good.
[13:27.760 --> 13:28.760]  All right.
[13:28.760 --> 13:29.760]  All right.
[13:29.760 --> 13:30.760]  I'll stand back and listen.
[13:30.760 --> 13:31.760]  Thank you.
[13:31.760 --> 13:32.760]  All right.
[13:32.760 --> 13:33.760]  Thanks, Carlos.
[13:33.760 --> 13:34.760]  All right.
[13:34.760 --> 13:35.760]  We only have one other caller on the line.
[13:35.760 --> 13:41.600]  So folks, if you'd like to call in, now is your chance, 512-646-1984.
[13:41.600 --> 13:44.080]  We are going now to Doug in Texas.
[13:44.080 --> 13:45.080]  Hi, Doug.
[13:45.080 --> 13:46.080]  Hello, Doug.
[13:46.080 --> 13:48.080]  What's on your mind tonight?
[13:48.080 --> 14:00.160]  I just want to ask you or Andy or Eddie, how do you benefit by not having a driver's license?
[14:00.160 --> 14:02.800]  How do you benefit by not having it?
[14:02.800 --> 14:03.800]  Right.
[14:03.800 --> 14:09.240]  Well, first off, you benefit by not having to pay the fee for it every time they want
[14:09.240 --> 14:10.240]  it renewed.
[14:10.240 --> 14:14.360]  Well, it's like $12 or something.
[14:14.360 --> 14:18.200]  It keeps going up all the time, one way or the other.
[14:18.200 --> 14:23.560]  The other thing is you benefit by not being traceable in your every activity.
[14:23.560 --> 14:28.980]  You benefit by not having to give them your biometric data, which is getting more and
[14:28.980 --> 14:30.440]  more extreme all the time.
[14:30.440 --> 14:32.800]  And I know where I'm drawing the line.
[14:32.800 --> 14:36.320]  They already got my thumb, you know, 15, 20 years ago.
[14:36.320 --> 14:42.240]  But if they up the ante and start requiring us to give iris scans, uh-uh, that's-
[14:42.240 --> 14:43.240]  Or blood or urine.
[14:43.240 --> 14:44.240]  Yeah.
[14:44.240 --> 14:46.840]  If they're all already signed into law, they're just not doing it.
[14:46.840 --> 14:47.840]  Yeah.
[14:47.840 --> 14:48.840]  Well, that's where I draw the line.
[14:48.840 --> 14:52.000]  That's where I'm going to have to take up yet another fight that I don't have time for.
[14:52.000 --> 14:53.000]  Well, they can.
[14:53.000 --> 14:57.520]  I willingly give them all the urine that they want.
[14:57.520 --> 14:58.520]  Why?
[14:58.520 --> 14:59.520]  Why, Doug?
[14:59.520 --> 15:00.520]  Why?
[15:00.520 --> 15:01.520]  Why is that okay?
[15:01.520 --> 15:02.520]  I'm sorry, but that's not okay.
[15:02.520 --> 15:10.840]  It is not okay to give body fluids and samples of your DNA to the government for you to
[15:10.840 --> 15:15.000]  have the privilege to exercise a right that you already have.
[15:15.000 --> 15:16.000]  Yeah, right.
[15:16.000 --> 15:17.000]  I was being suspicious.
[15:17.000 --> 15:18.000]  Oh, okay.
[15:18.000 --> 15:27.240]  What I meant was I wouldn't urinate in their mouth if they're talking on the phone.
[15:27.240 --> 15:28.240]  Okay.
[15:28.240 --> 15:29.240]  Okay.
[15:29.240 --> 15:30.240]  Go ahead.
[15:30.240 --> 15:31.240]  Yeah.
[15:31.240 --> 15:37.000]  It's the loss of privacy and the tracking that they are enabled with that is my main
[15:37.000 --> 15:38.000]  issue.
[15:38.000 --> 15:39.000]  Okay.
[15:39.000 --> 15:49.440]  But I go in and I can't rent a tool at Home Depot, you know, they say, well, I went three
[15:49.440 --> 15:57.520]  years without a driver's license, and in Home Depot you cannot rent, you know, a concrete
[15:57.520 --> 16:02.120]  bus through, you know, any kind of tool in there.
[16:02.120 --> 16:07.320]  Because right now that's a widely accepted form of ID, but if we make them have to shift
[16:07.320 --> 16:13.960]  that paradigm, because most people are not required to have it, Home Depot has to adjust,
[16:13.960 --> 16:14.960]  don't they?
[16:14.960 --> 16:17.560]  Well, it's a simple matter to go down and get a Texas ID.
[16:17.560 --> 16:20.760]  Yeah, Home Depot might take a Texas ID for that sort of thing.
[16:20.760 --> 16:22.400]  I use my Texas ID everywhere.
[16:22.400 --> 16:23.400]  Nobody gets my license.
[16:23.400 --> 16:24.400]  All right, Randy.
[16:24.400 --> 16:31.280]  I heard that having two forms of Texas ID is illegal.
[16:31.280 --> 16:32.280]  No, it's not.
[16:32.280 --> 16:36.000]  No, you can't have two licenses in Texas.
[16:36.000 --> 16:40.680]  In some states you can't have an ID and a driver's license, but in Texas you can.
[16:40.680 --> 16:41.680]  But in Texas you can.
[16:41.680 --> 16:42.680]  I got them both at the same time.
[16:42.680 --> 16:45.680]  Well, that's what I heard, right.
[16:45.680 --> 16:51.800]  All right, well, you can have a Texas ID card and a Texas driver's license at the same time
[16:51.800 --> 16:52.800]  in Texas.
[16:52.800 --> 16:55.400]  Okay, we've got to go to break.
[16:55.400 --> 16:56.400]  Stay on the line, Doug.
[16:56.400 --> 17:02.160]  We'll be right back.
[17:02.160 --> 17:06.640]  Royal Coin and Bullion is your local source for rare coins, precious metals, and coin
[17:06.640 --> 17:09.200]  supplies in the Austin metro area.
[17:09.200 --> 17:11.240]  We also ship worldwide.
[17:11.240 --> 17:15.320]  We are a family-owned and operated business that offers competitive prices on your coin
[17:15.320 --> 17:16.320]  and metals purchases.
[17:16.320 --> 17:21.960]  We buy, sell, trade, and consign rare coins, gold and silver coin collections, precious
[17:21.960 --> 17:23.880]  metals, and scrap gold.
[17:23.880 --> 17:27.480]  We will purchase and sell gold and jewelry items as well.
[17:27.480 --> 17:30.080]  We offer daily specials on coins and bullions.
[17:30.080 --> 17:36.160]  We're located at 5448 Barnett Road, Suite 3, and we're open Monday through Friday 10
[17:36.160 --> 17:40.080]  a.m. to 6 p.m., Saturdays 10 a.m. to 5 p.m.
[17:40.080 --> 17:47.480]  You are welcome to stop in our shop during regular business hours or call 512-646-6440
[17:47.480 --> 17:48.480]  with any questions.
[17:48.480 --> 17:53.080]  Ask for Chad and say you heard about us on Rule of Law Radio or 90.1 FM.
[17:53.080 --> 18:00.480]  That's Capital Coin and Bullion, 512-646-6440.
[18:00.480 --> 18:05.800]  Are you being harassed by debt collectors with phone calls, letters, or even losses?
[18:05.800 --> 18:09.320]  Stop debt collectors now with the Michael Mears Proven Method.
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[18:14.600 --> 18:19.520]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.520 --> 18:20.520]  civil rights statutes.
[18:20.520 --> 18:25.840]  What to do when contacted by phone, mail, or court summons, how to answer letters and
[18:25.840 --> 18:30.240]  phone calls, how to get debt collectors out of your credit report, how to turn the financial
[18:30.240 --> 18:34.000]  tables on them and make them pay you to go away.
[18:34.000 --> 18:39.120]  The Michael Mears Proven Method is the solution for how to stop debt collectors.
[18:39.120 --> 18:41.240]  Personal consultation is available as well.
[18:41.240 --> 18:46.800]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[18:46.800 --> 18:49.800]  or email michaelmears at yahoo.com.
[18:49.800 --> 18:58.800]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-f at yahoo.com to learn how to stop debt
[18:58.800 --> 18:59.800]  collectors now.
[18:59.800 --> 19:00.800]  Well, don't let nothing get to you.
[19:00.800 --> 19:01.800]  Only the father can't deliver you.
[19:01.800 --> 19:02.800]  So don't let bad-minded people hurt you.
[19:02.800 --> 19:03.800]  Until Satan gets behind you.
[19:03.800 --> 19:04.800]  You know what I mean, my friend?
[19:04.800 --> 19:23.800]  And all the jacks you'll need to come home.
[19:23.800 --> 19:48.800]  You know what I mean, my friend?
[19:48.800 --> 20:16.800]  And all the jacks you'll need to come home.
[20:16.800 --> 20:20.800]  All right, trust in God, my friend.
[20:20.800 --> 20:23.800]  Miracles, you know He works.
[20:23.800 --> 20:25.800]  Every day, every moment for us.
[20:25.800 --> 20:28.800]  All right, we are speaking with Doug in Texas.
[20:28.800 --> 20:32.800]  Okay, Doug, what were you saying right before we went to the break?
[20:32.800 --> 20:43.800]  What I was saying was, there, brother, I don't see it as being harmful to have a driver's
[20:43.800 --> 20:46.800]  license as long as you don't use it.
[20:46.800 --> 20:49.800]  Just like Randy said, I have one.
[20:49.800 --> 20:57.800]  You know, I have a hunter's license and a fisher license, but I'm not using them at
[20:57.800 --> 21:01.800]  present because I'm not engaged in that activity.
[21:01.800 --> 21:07.800]  And I'm not engaged in any commercial driving activity.
[21:07.800 --> 21:14.800]  But I like to have a license in case my neighbor wants to give me $100 to move their furniture
[21:14.800 --> 21:20.800]  to their next little trailer-frash place or whatever.
[21:20.800 --> 21:28.800]  You know, it might come in handy, but that didn't necessarily mean that I'm using it
[21:28.800 --> 21:29.800]  at present.
[21:29.800 --> 21:30.800]  Good point, Doug.
[21:30.800 --> 21:35.800]  Do we have a comment?
[21:35.800 --> 21:40.800]  The only issue is that most people don't realize this.
[21:40.800 --> 21:42.800]  I'm glad that you realize this.
[21:42.800 --> 21:46.800]  And so these are the issues that need to be brought up when people are fighting traffic
[21:46.800 --> 21:49.800]  tickets, that they weren't engaged in commerce in the first place.
[21:49.800 --> 21:56.800]  Yeah, we don't have to get rid of our plates and license, but when they stop us to give
[21:56.800 --> 21:59.800]  a ticket, we can fight them like crazy.
[21:59.800 --> 22:05.800]  I think most people would absolutely ditch the plates and the licenses and everything
[22:05.800 --> 22:10.800]  else if they had absolutely no intention of ever engaging in commerce on the roadways,
[22:10.800 --> 22:12.800]  like me, for example.
[22:12.800 --> 22:18.800]  I have absolutely no intention of ever engaging in commerce on the roadways.
[22:18.800 --> 22:23.800]  The only reason I keep the license and the plates and all of that is it's basically an
[22:23.800 --> 22:31.800]  extortion racket because I just don't have time to fight traffic tickets and deal with
[22:31.800 --> 22:35.800]  getting pulled over every time I leave my house.
[22:35.800 --> 22:36.800]  That's the only reason.
[22:36.800 --> 22:37.800]  It's a protection racket.
[22:37.800 --> 22:42.800]  It's a fear-mongering extortion racket when it comes to people like me.
[22:42.800 --> 22:45.800]  I have no intention of ever engaging in commerce on the roadways.
[22:45.800 --> 22:51.800]  I think probably everyone, 99% of people who have no intention of engaging in commerce on
[22:51.800 --> 22:56.800]  the roadways would totally ditch it if they felt they could without getting harassed and
[22:56.800 --> 23:00.800]  having to fight for the rest of their lives and spend all their free time fighting traffic
[23:00.800 --> 23:02.800]  tickets every time they leave the house.
[23:02.800 --> 23:04.800]  That's the only reason I keep mine for now.
[23:04.800 --> 23:08.800]  Once some of these other issues calm down that I'm fighting with, then I might take
[23:08.800 --> 23:13.800]  on this fight, but I can only take on so many fights at once.
[23:13.800 --> 23:21.800]  I had an idiot one into me.
[23:21.800 --> 23:24.800]  I was sitting there eating a little hot dog.
[23:24.800 --> 23:29.800]  I got back in my truck and tears have to end off of it and the back end off of it.
[23:29.800 --> 23:34.800]  He says, well, could I give you a couple hundred dollars?
[23:34.800 --> 23:38.800]  I said, yeah, you could, but no, so give me your insurance.
[23:38.800 --> 23:42.800]  He said, no, I mean just to settle it.
[23:42.800 --> 23:48.800]  And I said, no, we're talking about like $1,200 or whatever.
[23:48.800 --> 23:54.800]  So I had to, I hadn't had a license in three years, but I had to go down there to Bastrop
[23:54.800 --> 24:03.800]  and the lady said, well, do you realize that your license has been expired for like three years?
[24:03.800 --> 24:06.800]  And I said, well, I quit driving.
[24:06.800 --> 24:08.800]  You know, I travel.
[24:08.800 --> 24:09.800]  I started traveling.
[24:09.800 --> 24:11.800]  I don't drive.
[24:11.800 --> 24:13.800]  Well, it's up to you, Doug.
[24:13.800 --> 24:18.800]  It's up to every one of us how much time and effort and energy we want to spend studying the law,
[24:18.800 --> 24:23.800]  studying the code, writing up documents, how much time we want to spend getting pulled over on the side
[24:23.800 --> 24:25.800]  of the road fighting these issues.
[24:25.800 --> 24:30.800]  I think that, you know, it would be a great thing if everyone was educated on these issues
[24:30.800 --> 24:37.800]  and everyone who had no intention of engaging in commerce on the roadways dumped their licenses
[24:37.800 --> 24:38.800]  and their license plates.
[24:38.800 --> 24:41.800]  That would certainly do a lot to change the system.
[24:41.800 --> 24:45.800]  I totally disagree with everybody just keeping them, you know,
[24:45.800 --> 24:50.800]  if they have no intention of engaging in commerce just out of the protection racket.
[24:50.800 --> 24:53.800]  You know, if everybody made the move, then we would get somewhere.
[24:53.800 --> 24:59.800]  But as long as everybody stays and keeps the licenses and the plates out of fear,
[24:59.800 --> 25:03.800]  then there's not going to be much change, you know?
[25:03.800 --> 25:08.800]  But I wasn't too fearful because when I filled out my little application,
[25:08.800 --> 25:12.800]  it had U.S. citizen, capital U.S. citizen.
[25:12.800 --> 25:14.800]  Well, Doug, I don't know where you live.
[25:14.800 --> 25:15.800]  It sounds like somewhere in Bastrop.
[25:15.800 --> 25:22.800]  You may live in a rural area, but I guarantee you living in close to downtown metropolitan Austin,
[25:22.800 --> 25:25.800]  if you don't have license plates on your car,
[25:25.800 --> 25:28.800]  you're going to get pulled over every time you leave the driveway.
[25:28.800 --> 25:31.800]  And I just don't have time for those kind of fights.
[25:31.800 --> 25:34.800]  You know, another way I'm saying to everybody,
[25:34.800 --> 25:40.800]  I wrote on there when I was reapplying for my driver's license,
[25:40.800 --> 25:44.800]  it said U.S. citizen and I marked no box.
[25:44.800 --> 25:53.800]  And then the lady that took it up, she said, you know, you have a marked no, you're not a U.S. citizen.
[25:53.800 --> 26:00.800]  I said, no, why would I want to be a citizen of a bankrupt corporation?
[26:00.800 --> 26:08.800]  Well, capital U, capital S is a bankrupt corporation.
[26:08.800 --> 26:14.800]  And if you claim to be a citizen to that, then you're obligated to pay those bills.
[26:14.800 --> 26:17.800]  And I'm not because I don't.
[26:17.800 --> 26:18.800]  All right.
[26:18.800 --> 26:22.800]  So she just takes out her little, I wrote it in a blue pen.
[26:22.800 --> 26:27.800]  She takes out her black pen, crosses out the no.
[26:27.800 --> 26:29.800]  She said, where were you born?
[26:29.800 --> 26:33.800]  And I said, in Cincinnati, Ohio.
[26:33.800 --> 26:37.800]  And she said, well, she smiled at me and said, well, you're a U.S. citizen.
[26:37.800 --> 26:43.800]  And she checked, U.S. citizen, crossed out no and checked yes.
[26:43.800 --> 26:46.800]  Didn't have me initially, didn't do anything.
[26:46.800 --> 26:52.800]  So she was essentially offering a government document.
[26:52.800 --> 26:55.800]  I didn't press it at the time.
[26:55.800 --> 27:02.800]  You know, if anybody asks me if I'm a U.S. citizen, I'll say I marked it clearly no.
[27:02.800 --> 27:16.800]  And the little lady at the driver's license office thought she knew better what I was than I did.
[27:16.800 --> 27:17.800]  Okay.
[27:17.800 --> 27:18.800]  Our calls are really short.
[27:18.800 --> 27:19.800]  Yeah.
[27:19.800 --> 27:20.800]  We need to go on, Doug.
[27:20.800 --> 27:21.800]  Thanks for the information.
[27:21.800 --> 27:22.800]  Okay.
[27:22.800 --> 27:23.800]  All right.
[27:23.800 --> 27:25.800]  We're going now to Tim in Texas.
[27:25.800 --> 27:26.800]  Tim, thanks for calling in.
[27:26.800 --> 27:28.800]  What's on your mind tonight?
[27:28.800 --> 27:29.800]  Well, good evening, everybody.
[27:29.800 --> 27:30.800]  I had a couple of comments.
[27:30.800 --> 27:35.800]  One was on the caller who had just gotten fired from his job.
[27:35.800 --> 27:40.800]  And he said something that kind of caught my attention.
[27:40.800 --> 27:46.800]  And when you said something about them going after the retirement funds and everything,
[27:46.800 --> 27:51.800]  and I think what caught my attention is it sounds to me like they're actually finding reasons
[27:51.800 --> 27:59.800]  to get rid of people who have been there for a long time so they can raid the retirement accounts.
[27:59.800 --> 28:01.800]  Does that sound plausible?
[28:01.800 --> 28:09.800]  Well, he said that they returned a lot of some of the funding to them.
[28:09.800 --> 28:12.800]  Yeah, but after 10 years, you'd have more than $1,700 a day.
[28:12.800 --> 28:14.800]  Yeah, I would think so.
[28:14.800 --> 28:17.800]  So I think there's something going on with that from that angle.
[28:17.800 --> 28:20.800]  So if you're still listening, you might want to take a look at that.
[28:20.800 --> 28:22.800]  That's a good point.
[28:22.800 --> 28:26.800]  The other thing I wanted to ask you, Randy, was about the – you were talking about diversity
[28:26.800 --> 28:31.800]  and jurisdiction to get into federal court.
[28:31.800 --> 28:39.800]  That was one of the plaintiffs, one of the officers or whoever was from out of state.
[28:39.800 --> 28:41.800]  But that implied that others were in state.
[28:41.800 --> 28:43.800]  And we were talking about this in our study group the other night.
[28:43.800 --> 28:52.800]  And it sounded like from what our discussions were going, that doesn't necessarily mean that.
[28:52.800 --> 28:59.800]  In other words, if one of the officers is within the state, then judges do not have jurisdiction.
[28:59.800 --> 29:00.800]  That's not true.
[29:00.800 --> 29:01.800]  At least that's what we were talking about the other night.
[29:01.800 --> 29:02.800]  Not true.
[29:02.800 --> 29:03.800]  Okay.
[29:03.800 --> 29:07.800]  Double-check that and say you need all that or something.
[29:07.800 --> 29:14.800]  Now, if you have half a dozen litigants and one of those litigants is out of state
[29:14.800 --> 29:22.800]  and doesn't have minimum contact with the state, you cannot bring that litigant into the state, period.
[29:22.800 --> 29:23.800]  Okay.
[29:23.800 --> 29:24.800]  You have to go outside the state.
[29:24.800 --> 29:27.800]  And the only way to do that is to go to the Fed.
[29:27.800 --> 29:28.800]  All right.
[29:28.800 --> 29:29.800]  I'll double-check that then.
[29:29.800 --> 29:30.800]  Okay.
[29:30.800 --> 29:39.800]  What you will get into is a necessary citizen of the complaint.
[29:39.800 --> 29:42.800]  And we'll address that when we come back on the other side.
[29:42.800 --> 29:43.800]  Great.
[29:43.800 --> 29:44.800]  And that's all I have for tonight.
[29:44.800 --> 29:45.800]  I appreciate it.
[29:45.800 --> 29:46.800]  Okay.
[29:46.800 --> 29:47.800]  Thank you.
[29:47.800 --> 29:48.800]  Okay.
[29:48.800 --> 29:49.800]  Thanks, Tim.
[29:49.800 --> 29:50.800]  Good.
[29:50.800 --> 29:51.800]  Okay.
[29:51.800 --> 29:55.800]  I'll address what a citizen of the complaint is and what it takes to bring someone in on the other side.
[29:55.800 --> 30:00.800]  We'll be right back.
[30:00.800 --> 30:29.800]  Thank you.
[30:30.800 --> 30:32.800]  Beware the photocopier.
[30:32.800 --> 30:37.800]  It could be reading, recording, and even passing judgments on the documents you copy.
[30:37.800 --> 30:42.800]  I'm Dr. Catherine Albrecht, and I'll be back in just a moment to tell you about new Big Brother office equipment
[30:42.800 --> 30:45.800]  that could be monitoring your every word.
[30:45.800 --> 30:49.800]  Your search engine is watching you, recording all your searches,
[30:49.800 --> 30:52.800]  and creating a massive database of your personal information.
[30:52.800 --> 30:53.800]  That's creepy.
[30:53.800 --> 30:55.800]  But it doesn't have to be that way.
[30:55.800 --> 30:58.800]  Startpage.com is the world's most private search engine.
[30:58.800 --> 31:03.800]  Startpage doesn't store your IP address, make a record of your searches, or use tracking cookies,
[31:03.800 --> 31:05.800]  and they're third-party certified.
[31:05.800 --> 31:09.800]  If you don't like Big Brother spying on you, start over with Startpage.
[31:09.800 --> 31:12.800]  Great search results and total privacy.
[31:12.800 --> 31:15.800]  Startpage.com, the world's most private search engine.
[31:15.800 --> 31:17.800]  The copy machine is broken.
[31:17.800 --> 31:18.800]  Or is it?
[31:18.800 --> 31:20.800]  Perhaps it just doesn't approve of what you want to copy.
[31:20.800 --> 31:25.800]  Canon is rolling out Big Brother copiers, printers, and scanners with OCR capability
[31:25.800 --> 31:28.800]  that actually read the documents they process.
[31:28.800 --> 31:29.800]  Press all the buttons you like.
[31:29.800 --> 31:32.800]  If those machines spy forbidden words, they won't print.
[31:32.800 --> 31:34.800]  Canon's new printer lineup also tattles.
[31:34.800 --> 31:39.800]  Their machines can secretly record documents and email them to their masters.
[31:39.800 --> 31:44.800]  When linked with user IDs, detailed digital dossiers could catalog everything you print.
[31:44.800 --> 31:48.800]  These systems are geared for office use, but if we don't say Hile No now,
[31:48.800 --> 31:54.800]  they could easily find their way into libraries, local copy shops, and even our own homes.
[31:54.800 --> 31:55.800]  I'm Dr. Catherine Albrecht.
[31:55.800 --> 32:24.800]  More news and information at CatherineAlbrecht.com.
[32:24.800 --> 32:27.800]  Okay, folks, we are back.
[32:27.800 --> 32:34.800]  We're taking your calls, 512-646-1984.
[32:34.800 --> 32:38.800]  We're not going to let them pull the wool over our eyes anymore.
[32:38.800 --> 32:41.800]  All right, we're going to Walt in New York, a first-time caller.
[32:41.800 --> 32:42.800]  Thanks for calling in, Walt.
[32:42.800 --> 32:44.800]  What is your question for us tonight?
[32:44.800 --> 32:45.800]  Yes, good evening, everybody.
[32:45.800 --> 32:49.800]  I found out about your show a couple weeks ago when Randy was on Alex Jones,
[32:49.800 --> 32:52.800]  and I went to the library, and the librarian connected me up to you.
[32:52.800 --> 32:55.800]  But anyway, I wanted to just ask you, I got a lot going on.
[32:55.800 --> 33:01.800]  I got one case that's going to be before the justices in the Supreme Court on November 12th
[33:01.800 --> 33:04.800]  regarding where I got involved with Safeco Insurance Company.
[33:04.800 --> 33:07.800]  Am I allowed to mention names?
[33:07.800 --> 33:08.800]  Sure.
[33:08.800 --> 33:10.800]  Okay, I got involved with Safeco Insurance Company.
[33:10.800 --> 33:12.800]  It's out of Seattle.
[33:12.800 --> 33:17.800]  In Bank of America, where I just called for a quote back in September of 2007,
[33:17.800 --> 33:20.800]  they checked my credit without my permission.
[33:20.800 --> 33:23.800]  They hacked into my bank account at Bank of America,
[33:23.800 --> 33:26.800]  and all the government agencies and the lower courts are covering it up.
[33:26.800 --> 33:29.800]  But anyway, here's why I called you.
[33:29.800 --> 33:34.800]  Like I said, the cases before, I'm a pro se former papyrus,
[33:34.800 --> 33:38.800]  and the case is going to be decided whether they're going to go forward on November 12th
[33:38.800 --> 33:40.800]  with the nine justices in the Supreme Court.
[33:40.800 --> 33:44.800]  But also what I did was, at the lower court levels in Rochester, New York,
[33:44.800 --> 33:48.800]  when I took it up with the district court two years ago,
[33:48.800 --> 33:55.800]  the judge totally violated New York State law, insurance law, and the Constitution.
[33:55.800 --> 33:59.800]  So I filed misconduct charges against him.
[33:59.800 --> 34:04.800]  And also when I appealed it at the Second Circuit level in New York City,
[34:04.800 --> 34:10.800]  the judges decided in favor of that judge against me and dismissed my appeal,
[34:10.800 --> 34:14.800]  just with one sentence saying I had no basis in law effect.
[34:14.800 --> 34:18.800]  And what I'm calling you is, the judge that's going to decide
[34:18.800 --> 34:22.800]  my misconduct charges against the district court judge here in Rochester
[34:22.800 --> 34:26.800]  is the very judge that dismissed my appeal.
[34:26.800 --> 34:28.800]  And one night when I was first listening to you about a week ago,
[34:28.800 --> 34:31.800]  I was asleep because it's quite late over here where I live.
[34:31.800 --> 34:34.800]  It's almost midnight here, going on midnight.
[34:34.800 --> 34:38.800]  I thought I heard Randy say something about to get a judge recused.
[34:38.800 --> 34:41.800]  I want him recused because of a serious conflict of interest.
[34:41.800 --> 34:46.800]  He shouldn't be involved in my misconduct charges against the district court here.
[34:46.800 --> 34:51.800]  I thought I heard Randy say something about you can get him disqualified another way.
[34:51.800 --> 34:54.800]  And that's what I like to ask you folks, if you could tell me how I can get rid of...
[34:54.800 --> 34:56.800]  Also, too, one more thing.
[34:56.800 --> 34:59.800]  The appeals judge in New York City, he's the top judge.
[34:59.800 --> 35:02.800]  There's 24 judges in the appeals court in New York City.
[35:02.800 --> 35:04.800]  And he had two other judges with him.
[35:04.800 --> 35:07.800]  So there was a three-judge panel that dismissed my appeal.
[35:07.800 --> 35:13.800]  But my misconduct charge supposedly is only going to be heard by the chief judge
[35:13.800 --> 35:15.800]  of that three-judge panel.
[35:15.800 --> 35:19.800]  But I want to make sure that none of those three judges are going to decide
[35:19.800 --> 35:23.800]  my misconduct charges against this district judge.
[35:23.800 --> 35:28.800]  And I was also thinking filing misconduct charges against all three of these appeals judges
[35:28.800 --> 35:32.800]  so they would have to disqualify themselves.
[35:32.800 --> 35:35.800]  Is there any way I can get those judges out of this?
[35:35.800 --> 35:38.800]  That's my question to you, to your panel. Thank you.
[35:38.800 --> 35:42.800]  Not unless you can find something more.
[35:42.800 --> 35:49.800]  The fact that these judges set on the appeal, dismissed your appeal...
[35:49.800 --> 35:55.800]  They dismissed my appeal, but then I filed misconduct charges against the district judge here.
[35:55.800 --> 35:56.800]  I could also get them...
[35:56.800 --> 35:58.800]  Wait, wait, wait. I got that part.
[35:58.800 --> 36:00.800]  But that doesn't disqualify these judges.
[36:00.800 --> 36:04.800]  The fact that they dismissed your appeal doesn't...
[36:04.800 --> 36:11.800]  But they are supporting the district court judges' violation of New York state law and the Constitution.
[36:11.800 --> 36:12.800]  Okay.
[36:12.800 --> 36:15.800]  And I won't have a... See, if the chief judge...
[36:15.800 --> 36:16.800]  Wait, wait, wait. Stop, stop.
[36:16.800 --> 36:17.800]  Okay.
[36:17.800 --> 36:19.800]  I understand the position.
[36:19.800 --> 36:23.800]  But the courts are going to say because these judges found...
[36:23.800 --> 36:27.800]  In their finding, they found that you didn't have a claim.
[36:27.800 --> 36:34.800]  That doesn't disqualify the judge from hearing the claim of misconduct against the district judge.
[36:34.800 --> 36:35.800]  Really?
[36:35.800 --> 36:36.800]  Well, he's prejudiced.
[36:36.800 --> 36:39.800]  I already know he's prejudiced because he supports the judge in the district court.
[36:39.800 --> 36:40.800]  Okay. We understand that part.
[36:40.800 --> 36:43.800]  We understand they are corrupt.
[36:43.800 --> 36:47.800]  And we're not talking about whether he's biased or not.
[36:47.800 --> 36:48.800]  What happens if I...
[36:48.800 --> 36:53.800]  Randy, what happens if I file misconduct charges against that judge too, the appeals court judge?
[36:53.800 --> 36:56.800]  Okay. You have to have grounds.
[36:56.800 --> 36:59.800]  Now you're treading in more deep water.
[36:59.800 --> 37:11.800]  You can't support a misconduct claim because you disagree with an opinion the judge made, a decision the judge drew.
[37:11.800 --> 37:21.800]  Even if the decision was totally incorrect, you still can't go after the judge for the decision that he made.
[37:21.800 --> 37:30.800]  Now what you might be able to do is go after the judges for failure to apply the law to the facts.
[37:30.800 --> 37:39.800]  But I can almost assure you you're not going to get traction on these appeals court judges for denying your appeal.
[37:39.800 --> 37:44.800]  And then they're almost certain to deny the misconduct charge.
[37:44.800 --> 37:49.800]  And I wouldn't worry too much about them denying the misconduct charge.
[37:49.800 --> 37:52.800]  We expect them to do that.
[37:52.800 --> 37:53.800]  So what are you saying?
[37:53.800 --> 37:54.800]  Do I have any options?
[37:54.800 --> 37:59.800]  No. I'm saying you've already hurt the judge anyway.
[37:59.800 --> 38:02.800]  We know they're going to dismiss.
[38:02.800 --> 38:07.800]  Their bond carrier knows they're going to dismiss it.
[38:07.800 --> 38:13.800]  It's going to raise his bond rating anyway.
[38:13.800 --> 38:18.800]  So we don't expect judges to rule against other judges.
[38:18.800 --> 38:20.800]  The judge is not going to do that.
[38:20.800 --> 38:24.800]  So there's nothing I can do then with them violating the laws?
[38:24.800 --> 38:33.800]  No. You might be able to sue the trial judge for failing to apply the law to the facts.
[38:33.800 --> 38:35.800]  You mean the district judge?
[38:35.800 --> 38:36.800]  Yes.
[38:36.800 --> 38:42.800]  I can sue the judge right in the same federal court?
[38:42.800 --> 38:47.800]  Well, it depends on what you can find.
[38:47.800 --> 38:51.800]  Did this judge read your pleadings?
[38:51.800 --> 38:54.800]  Yes. He read my case. That's what you mean.
[38:54.800 --> 38:59.800]  Now, Randy, you can only sue a judge for failing to perform a ministerial duty, correct?
[38:59.800 --> 39:00.800]  Yes.
[39:00.800 --> 39:07.800]  Okay. So if you're going to sue a judge, because judges pretty much have immunity,
[39:07.800 --> 39:11.800]  civil immunity from lawsuits regarding their actions as a judge,
[39:11.800 --> 39:17.800]  but if you can prove that they failed to perform or malperformed,
[39:17.800 --> 39:20.800]  performed some misfeasance regarding their ministerial duties, then you can sue them.
[39:20.800 --> 39:23.800]  And the judge has a ministerial duty.
[39:23.800 --> 39:30.800]  This is a duty over which he has no discretion to apply the law to the facts in the case.
[39:30.800 --> 39:34.800]  If you can show that he failed to apply the law to the facts,
[39:34.800 --> 39:41.800]  you can make the claim of violating the ministerial duty.
[39:41.800 --> 39:42.800]  I'm writing that down.
[39:42.800 --> 39:43.800]  Okay. Now they're going to throw it out.
[39:43.800 --> 39:47.800]  Randy, I know he did that. I know he's guilty of that.
[39:47.800 --> 39:55.800]  You know they're going to throw it out, but it's going to hurt him anyway when you file it.
[39:55.800 --> 39:57.800]  So that's right in the district court here or the appeals court?
[39:57.800 --> 40:02.800]  Yeah, you would file that. Ooh, that's a good question.
[40:02.800 --> 40:04.800]  Yeah, you'd have to file it in the district court.
[40:04.800 --> 40:06.800]  Can I tell you what he violated?
[40:06.800 --> 40:07.800]  Yes.
[40:07.800 --> 40:15.800]  Okay. In New York State, when I call an insurance company for a quote, which I did,
[40:15.800 --> 40:23.800]  New York State law, Section 2804 says they must read a disclosure to me before they check my credit.
[40:23.800 --> 40:26.800]  They did not do it. I was only on the phone for one minute.
[40:26.800 --> 40:29.800]  I got a copy of the disclosure. It takes a minute and 10 seconds to read,
[40:29.800 --> 40:34.800]  and plus all the other information they would want from me. It would be impossible for them to do a quote.
[40:34.800 --> 40:39.800]  I got the phone log from the insurance company. I was on the phone for one minute. That's it.
[40:39.800 --> 40:40.800]  So they're lying.
[40:40.800 --> 40:48.800]  So the judge here in Rochester, New York, to get around this, he used a case, ironically, from Austin, Texas.
[40:48.800 --> 40:55.800]  In the year 2000, there was a case called the Wilting v. Progressive Mutual Insurance Company case, Fifth Circuit.
[40:55.800 --> 40:57.800]  I believe that's your area.
[40:57.800 --> 41:00.800]  And in that case, Mr. Wilting had the same problem I had.
[41:00.800 --> 41:05.800]  And he went to the courts, and the judge decided in favor of the insurance company,
[41:05.800 --> 41:13.800]  saying that they didn't need permission to check Mr. Wilting's credit or read a disclosure, just a permission, excuse me.
[41:13.800 --> 41:21.800]  I checked it out after. I found out that there was no disclosure law in the state of Texas back then and now.
[41:21.800 --> 41:23.800]  But in New York State, there is a law.
[41:23.800 --> 41:24.800]  Okay. Hold on. Hold on.
[41:24.800 --> 41:25.800]  Yes.
[41:25.800 --> 41:28.800]  Where did that judge get this law, this case?
[41:28.800 --> 41:37.800]  I don't know. All I know is if you look it up, you'll find it's the Wilting v. Progressive Mutual Insurance Company, Fifth Circuit.
[41:37.800 --> 41:44.800]  Wait, wait, wait. What I'm getting at, did you look in the insurance company's pleadings?
[41:44.800 --> 41:47.800]  Did they plead this case to the court?
[41:47.800 --> 41:49.800]  I don't remember the specifics of it right now.
[41:49.800 --> 41:58.800]  All I know is the reason the judge favored the insurance company was, and he could check Mr. Wilting's credit without his permission,
[41:58.800 --> 42:03.800]  was because there was no law that required the insurance company to get his permission first.
[42:03.800 --> 42:07.800]  That's the whole point. In New York State, there is a law.
[42:07.800 --> 42:14.800]  But what this judge in Rochester did was saying my case is identical is his words, identical to the Wilting case,
[42:14.800 --> 42:20.800]  and the insurance company doesn't need my permission or read a disclosure to check my credit.
[42:20.800 --> 42:23.800]  But here's the problem, Randy. This is unbelievable.
[42:23.800 --> 42:30.800]  I've got a private detective, DePaul Safeco Insurance Company, right while this judge is making this decision.
[42:30.800 --> 42:36.800]  The insurance company was shut down after I complained to the insurance department, and they wouldn't tell me why.
[42:36.800 --> 42:38.800]  And I found out why.
[42:38.800 --> 42:45.800]  And when the private investigator called the insurance company months later, they were asking permission
[42:45.800 --> 42:49.800]  and reading a disclosure before they could check the caller's credit.
[42:49.800 --> 42:53.800]  They were shut down because they were violating New York State law.
[42:53.800 --> 42:59.800]  So what the judge did was he cited, he brought in the Wilting case.
[42:59.800 --> 43:04.800]  It had nothing to do with New York State. He's saying it applies the same way in New York State it doesn't.
[43:04.800 --> 43:08.800]  And you follow what I'm saying? And at this very same time,
[43:08.800 --> 43:15.800]  he's saying that the insurance company doesn't have to get permission from the caller before they check credit.
[43:15.800 --> 43:22.800]  Safeco Insurance Company is following the New York State law and getting permission before they check the caller's credit.
[43:22.800 --> 43:24.800]  So here's the problem.
[43:24.800 --> 43:28.800]  Right now, if anybody calls Safeco Insurance Company from New York State,
[43:28.800 --> 43:34.800]  they must get permission before they can check the caller's credit, but not in my case.
[43:34.800 --> 43:40.800]  So in other words, I'm not being protected by the state law, the 14th Amendment.
[43:40.800 --> 43:43.800]  Wait, wait, wait. Stop.
[43:43.800 --> 43:45.800]  We're about to go to break here.
[43:45.800 --> 43:48.800]  Hold on. I will address this on the other side.
[43:48.800 --> 43:50.800]  We'll go to outlawry.
[43:50.800 --> 43:54.800]  This is Randy Kelton, Jeff Stevens, Eddie Craig, Wheel of War Radio.
[43:54.800 --> 43:58.800]  We'll be right back on the other side.
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[46:14.800 --> 46:19.800]  Okay folks, we're back. We're taking your calls.
[46:19.800 --> 46:23.800]  Right now we are speaking with Walt in New York,
[46:23.800 --> 46:26.800]  and Walt, I just want to back up for a minute,
[46:26.800 --> 46:35.800]  because we never got to discuss the situation of whether or not this case that this judge cited in his ruling,
[46:35.800 --> 46:42.800]  if that was cited by your opponent, by the insurance company, in their pleadings or not,
[46:42.800 --> 46:44.800]  this is a very crucial issue,
[46:44.800 --> 46:50.800]  because if the case that the judge was using in his ruling that he quoted, that he cited,
[46:50.800 --> 46:57.800]  if that was not cited anywhere in the insurance company's pleadings,
[46:57.800 --> 46:59.800]  then the judge is litigating from the bench.
[46:59.800 --> 47:05.800]  He can't start doing his own, judges can't start doing their own case law research
[47:05.800 --> 47:09.800]  when they're presiding over a case in order to come up with a ruling.
[47:09.800 --> 47:13.800]  They have to rule on the law that is presented to them.
[47:13.800 --> 47:17.800]  The case law, not necessarily the statute, but regarding case law,
[47:17.800 --> 47:20.800]  they have to rule on the law that is presented to them.
[47:20.800 --> 47:25.800]  They can't just start doing their own case law research when they're presiding over a case.
[47:25.800 --> 47:30.800]  So if that, you need to look through the pleadings and the motions
[47:30.800 --> 47:33.800]  and all the documents that were submitted to the court by the insurance company
[47:33.800 --> 47:37.800]  to see if that case was cited anywhere, and if it's not,
[47:37.800 --> 47:42.800]  then that judge has a serious problem because that goes to litigating from the bench.
[47:42.800 --> 47:45.800]  Randy, you were going to make some comments about what the remedy is for that
[47:45.800 --> 47:47.800]  and some other remedies.
[47:47.800 --> 47:53.800]  And if the case was submitted by the counsel on the other side,
[47:53.800 --> 48:00.800]  you move for sanctions against counsel, and I suggest that you sue counsel,
[48:00.800 --> 48:05.800]  you sue the insurance company, and you sue the judge.
[48:05.800 --> 48:10.800]  This will get his attention, and what you sue the judge for is outlawry.
[48:10.800 --> 48:14.800]  That's forbidden by federal constitution.
[48:14.800 --> 48:20.800]  And we talked about outlawry earlier, but there's a lot to outlawry.
[48:20.800 --> 48:24.800]  The judge has a duty to provide you the protection of the court.
[48:24.800 --> 48:27.800]  It's a constitutional requirement.
[48:27.800 --> 48:34.800]  And when the judge comes in and cites bogus law to deny you in your rights,
[48:34.800 --> 48:38.800]  that denies you the protection of the court.
[48:38.800 --> 48:42.800]  Well, Randy, that's why I filed misconduct charges against that judge.
[48:42.800 --> 48:46.800]  Now go after him under 18 U.S. Code 242.
[48:46.800 --> 48:50.800]  Go after him under 42 U.S. Code 1983.
[48:50.800 --> 48:56.800]  Randy, what if the case was not cited in any of the opposing litigants' pleadings?
[48:56.800 --> 48:57.800]  Then what?
[48:57.800 --> 49:02.800]  It doesn't affect the fact that he denied you the protection of the courts.
[49:02.800 --> 49:06.800]  He cited that case, and that case was bogus.
[49:06.800 --> 49:09.800]  From that perspective, it doesn't matter if the other attorney gave it to him or not.
[49:09.800 --> 49:14.800]  If the other attorney gave it to him, then you move for sanctions against the other attorney.
[49:14.800 --> 49:16.800]  Well, can I say this, Randy?
[49:16.800 --> 49:17.800]  Yes.
[49:17.800 --> 49:22.800]  The Texas case with Mr. Welting, that was a correct decision by the judge in Texas
[49:22.800 --> 49:26.800]  because there was no disclosure law that the insurance company had to conform to.
[49:26.800 --> 49:28.800]  Okay, wait, wait. We got that part.
[49:28.800 --> 49:31.800]  Yes, and maybe, Randy, you didn't understand my question.
[49:31.800 --> 49:37.800]  I'm going to an additional cause of action against the judge for litigating from the bench
[49:37.800 --> 49:38.800]  is what I'm trying to say.
[49:38.800 --> 49:41.800]  So what would be an additional remedy?
[49:41.800 --> 49:47.800]  I realize what you're saying that in that point of view of him being denied protection of the court,
[49:47.800 --> 49:51.800]  it doesn't matter, but in the fact that he litigated from the bench, it does matter.
[49:51.800 --> 49:55.800]  That's an additional crime that's been committed.
[49:55.800 --> 50:02.800]  I don't know that litigating from the bench is a specific cause of claim that you make.
[50:02.800 --> 50:08.800]  The claim you make is denying you in due process.
[50:08.800 --> 50:13.800]  And the way he denied you in due process was that he litigated from the bench.
[50:13.800 --> 50:23.800]  Litigating from the bench is essentially a slang term, a common law term to describe something the judge did,
[50:23.800 --> 50:29.800]  but that's not defined in a cause of action or a claim.
[50:29.800 --> 50:34.800]  We make the claim in that denial of due process.
[50:34.800 --> 50:36.800]  Okay, that was what I was going to.
[50:36.800 --> 50:42.800]  Because judges, they just can't cite case law out of thin air like that in a case.
[50:42.800 --> 50:48.800]  Right. Again, we go to the primary duty of the judge to develop the facts in accordance with the rules of evidence
[50:48.800 --> 50:52.800]  and apply the laws that come to him with the facts in the case.
[50:52.800 --> 50:57.800]  Yeah, well, he didn't apply the laws in my case.
[50:57.800 --> 51:00.800]  Now, they're going to throw your suit out.
[51:00.800 --> 51:05.800]  You don't care. You're going to feel they're throwing your suit out.
[51:05.800 --> 51:09.800]  And the judge is going to have to pay his counsel.
[51:09.800 --> 51:17.800]  This will really drive him nuts. They hate being sued, especially for corruption in office.
[51:17.800 --> 51:22.800]  Yeah, and the last thing I'll say, if you'll let me just one second or a couple seconds,
[51:22.800 --> 51:26.800]  the other part of this case is very serious where I caught Safeco.
[51:26.800 --> 51:29.800]  They stole my secret password to my checking account in Bank of America.
[51:29.800 --> 51:34.800]  They sent me a declination letter that I didn't even ask for insurance or a quote,
[51:34.800 --> 51:38.800]  and they had handwritten notes on it, and they had my secret password to my checking account in Bank of America,
[51:38.800 --> 51:42.800]  my daughter's married name who lives in Florida who has a Bank of America account.
[51:42.800 --> 51:46.800]  So what they're doing is, Bank of America, I believe, is complicit.
[51:46.800 --> 51:51.800]  Safeco is getting into the bank, and they're looking at everybody's accounts.
[51:51.800 --> 51:55.800]  They have their secret passwords, and I went to all these government agencies,
[51:55.800 --> 51:59.800]  and everybody's just looking the other way or shoving it under the rug.
[51:59.800 --> 52:03.800]  But somehow, by the grace of God, it's in the U.S. Supreme Court right now,
[52:03.800 --> 52:07.800]  and maybe, even though I have a very small chance, maybe they'll take on the case.
[52:07.800 --> 52:12.800]  That was interesting, Matthew. You've got it. Have they accepted the certiorari?
[52:12.800 --> 52:20.800]  Well, the procedure, Randy, is they have to look at it, and they're going to look at it November 12th,
[52:20.800 --> 52:22.800]  and then they'll decide whether they're going to take the case,
[52:22.800 --> 52:28.800]  and they only take a very small number of cases, as you know, maybe one or two percent,
[52:28.800 --> 52:36.800]  and it has to have national significance, or it has to be a matter of law
[52:36.800 --> 52:40.800]  that there's a conflict with the lower courts in deciding what the law is.
[52:40.800 --> 52:46.800]  Yours is very timely, because of the political pressure on the banks right now
[52:46.800 --> 52:55.800]  and the issues of federal and state intervention into individual rights and privacy.
[52:55.800 --> 53:00.800]  This is probably a good, sensitive issue. There's a chance you could get that one in there.
[53:00.800 --> 53:02.800]  Yeah, I hope so, Randy, and it was very nice meeting you folks,
[53:02.800 --> 53:06.800]  and your program is very helpful to everybody.
[53:06.800 --> 53:07.800]  Thank you.
[53:07.800 --> 53:08.800]  Thanks, Walt.
[53:08.800 --> 53:09.800]  Have a nice weekend.
[53:09.800 --> 53:10.800]  Thank you.
[53:10.800 --> 53:11.800]  God bless.
[53:11.800 --> 53:15.800]  God bless you. Okay, we're going now to Steve in California.
[53:15.800 --> 53:20.800]  Okay, Steve, thanks for calling in. What is on your mind tonight?
[53:20.800 --> 53:23.800]  Hi, Deborah. Again, this is Joanne, Steve's wife.
[53:23.800 --> 53:27.800]  I guess he's got both of our phones linked to him.
[53:27.800 --> 53:28.800]  Okay.
[53:28.800 --> 53:32.800]  I called in the other night, and I had one last question.
[53:32.800 --> 53:41.800]  I have a tax client who has paid off their mortgage, and after doing so, it was with B of A,
[53:41.800 --> 53:55.800]  and after doing so, they've received a letter that says they are adding a trustee to the paperwork,
[53:55.800 --> 54:04.800]  and it came from, it was done in Utah, but recorded with the San Bernardino County Recorder's Office.
[54:04.800 --> 54:10.800]  Can they add someone to someone's property after the property's been paid off?
[54:10.800 --> 54:13.800]  That's my question.
[54:13.800 --> 54:17.800]  Does the bank have any kind of claim against the property?
[54:17.800 --> 54:28.800]  No, it's paid in full, and they actually sent paperwork stating the note is zero balance, paid in full.
[54:28.800 --> 54:33.800]  This would probably be taken care of if you sent it.
[54:33.800 --> 54:38.800]  Okay, how would you be harmed by this, or how would the client be harmed by this?
[54:38.800 --> 54:48.800]  Well, the only thing that I could think of is I told them they need to get the original document,
[54:48.800 --> 54:55.800]  which everybody knows they don't exist anymore, but these might because they've owned the house for so long.
[54:55.800 --> 54:57.800]  Okay, wait, hold on.
[54:57.800 --> 54:59.800]  How long since they paid it off?
[54:59.800 --> 55:03.800]  They paid it off September 17th.
[55:03.800 --> 55:09.800]  Okay, most likely they don't exist, so what they might want to do to protect themselves
[55:09.800 --> 55:18.800]  from a potential claim down the road is demand the original note back.
[55:18.800 --> 55:20.800]  That's what I told them they needed to do.
[55:20.800 --> 55:28.800]  But my point with B of A adding a trustee on there, this is what they told us.
[55:28.800 --> 55:34.800]  No, well, that's how we do it. We assign it to them to finalize all the paperwork,
[55:34.800 --> 55:42.800]  and then it should be done within 90 days or so, and then they will come off.
[55:42.800 --> 55:54.800]  But if they've been paid in full, how can they add someone on whether it's, you know, they're just saying that's policy.
[55:54.800 --> 55:59.800]  What is the trustee's duty?
[55:59.800 --> 56:02.800]  What's he the trustee of?
[56:02.800 --> 56:09.800]  The trustee of the property in filing the paperwork with the proper, you know,
[56:09.800 --> 56:13.800]  with the county showing, you know, that's all they gave them.
[56:13.800 --> 56:17.800]  Well, that might be okay if they're to file a release of lien,
[56:17.800 --> 56:23.800]  they're going to need someone to file the release of lien, someone with authority to do it.
[56:23.800 --> 56:24.800]  Okay.
[56:24.800 --> 56:33.800]  And that may be why it's there is to finish the paperwork box by preparing and filing the release of lien.
[56:33.800 --> 56:36.800]  So this may not be a problem.
[56:36.800 --> 56:38.800]  Well, I really didn't think it would.
[56:38.800 --> 56:49.800]  My questioning on it was, you've received, if I buy a car from you on payment, okay,
[56:49.800 --> 56:56.800]  and when I get done paying, you tell me, oh, well, I'm going to put my brother-in-law in charge of handling all the paperwork.
[56:56.800 --> 57:00.800]  So he needs to go on there until it's all done.
[57:00.800 --> 57:03.800]  And then it's going to take 90 days.
[57:03.800 --> 57:11.800]  And in the meantime, what if somebody comes to them and says, you now owe us?
[57:11.800 --> 57:14.800]  And now you've got all kinds of people on the note.
[57:14.800 --> 57:26.800]  Yeah, but if they're going to need someone to sign the release of lien, the question is, why do they need a trustee?
[57:26.800 --> 57:27.800]  Yeah.
[57:27.800 --> 57:34.800]  Why does B of A need to hire an outside company to do the final paperwork?
[57:34.800 --> 57:44.800]  Now, this sounds like a good place to fire that trustee and appoint your own.
[57:44.800 --> 57:52.800]  We have guys running commercial processes that don't work, don't get them anywhere.
[57:52.800 --> 57:59.800]  And the first thing they do is try to fire the trustee and appoint their own trustee.
[57:59.800 --> 58:01.800]  But they're in a contract.
[58:01.800 --> 58:06.800]  And you're not in a contract anymore, so if you have a concern about that trustee, fire it.
[58:06.800 --> 58:07.800]  Well, it depends.
[58:07.800 --> 58:10.800]  In some of these cases, those commercial guys are not in contract
[58:10.800 --> 58:15.800]  because it's technically a unilateral contract because the bank didn't sign anything.
[58:15.800 --> 58:16.800]  That's a different issue.
[58:16.800 --> 58:22.800]  But here, the contract you had with the bank is gone.
[58:22.800 --> 58:25.800]  So hire or replace them with your own trustee.
[58:25.800 --> 58:27.800]  OK.
[58:27.800 --> 58:29.800]  Thank you.
[58:29.800 --> 58:31.800]  All right. Thanks, John.
[58:31.800 --> 58:32.800]  All right. Bye, guys.
[58:32.800 --> 58:33.800]  Bye.
[58:33.800 --> 58:34.800]  Go ahead, Randy.
[58:34.800 --> 58:35.800]  OK.
[58:35.800 --> 58:38.800]  We're getting close to break.
[58:38.800 --> 58:40.800]  Looks like Mark from Wisconsin.
[58:40.800 --> 58:43.800]  He's probably starting more trouble again.
[58:43.800 --> 58:47.800]  We've got Mark from Wisconsin, Martha from Alabama, Mike from Texas.
[58:47.800 --> 58:48.800]  Y'all just hang on the line.
[58:48.800 --> 58:50.800]  We will be back on the other side.
[58:50.800 --> 58:52.800]  Top of the hour news here.
[58:52.800 --> 58:59.800]  Allradio.com. We'll be right back.
[58:59.800 --> 59:03.800]  The Bible remains the most popular book in the world,
[59:03.800 --> 59:07.800]  yet countless readers are frustrated because they struggle to understand it.
[59:07.800 --> 59:11.800]  Some new translations try to help by simplifying the text,
[59:11.800 --> 59:16.800]  but in the process can compromise the profound meaning of the Scripture.
[59:16.800 --> 59:18.800]  Enter the recovery version.
[59:18.800 --> 59:22.800]  First, this new translation is extremely faithful and accurate,
[59:22.800 --> 59:27.800]  but the real story is the more than 9,000 explanatory footnotes.
[59:27.800 --> 59:31.800]  Difficult and profound passages are opened up in a marvelous way,
[59:31.800 --> 59:37.800]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
[59:37.800 --> 59:42.800]  Bibles for America would like to give you a free recovery version simply for the asking.
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[59:52.800 --> 59:56.800]  or by ordering online at freestudybible.com.
[59:56.800 --> 59:59.800]  That's freestudybible.com.
[59:59.800 --> 01:00:03.800]  This news brief brought to you by the International News Net.
[01:00:03.800 --> 01:00:10.800]  A legal team representing 142 Iraqis pushing for a public inquiry into detainee abuse
[01:00:10.800 --> 01:00:13.800]  submitted evidence to Britain's High Court Friday.
[01:00:13.800 --> 01:00:19.800]  Videos showed detainees being interrogated at a secret British centre in Basra.
[01:00:19.800 --> 01:00:23.800]  Claims of inhumane treatment involved sexual humiliation,
[01:00:23.800 --> 01:00:27.800]  keeping Iraqis naked if they didn't cooperate, food and water deprivation,
[01:00:27.800 --> 01:00:31.800]  and prolonged solitary confinement.
[01:00:31.800 --> 01:00:35.800]  50 people were killed and 80 wounded in Pakistan Friday
[01:00:35.800 --> 01:00:41.800]  after a suicide bomber struck a mosque frequented by anti-Taliban tribal elders.
[01:00:41.800 --> 01:00:46.800]  The Sunni mosque's roof collapsed as hundreds of worshippers were gathered inside
[01:00:46.800 --> 01:00:49.800]  for the most popular prayer session of the week.
[01:00:49.800 --> 01:00:54.800]  The Pakistani Taliban claimed responsibility for the attack.
[01:00:54.800 --> 01:01:01.800]  WikiLeaks founder Julian Assange said Thursday he is considering requesting asylum in Switzerland
[01:01:01.800 --> 01:01:03.800]  and basing his website there.
[01:01:03.800 --> 01:01:08.800]  WikiLeaks, which last month published an unprecedented 400,000 classified US documents
[01:01:08.800 --> 01:01:12.800]  on the Iraq war, has said its people have been harassed.
[01:01:12.800 --> 01:01:17.800]  Assange was turned down for Swedish residency after being accused of rape
[01:01:17.800 --> 01:01:24.800]  days after filing the application in what he called a set-up by the website's enemies.
[01:01:24.800 --> 01:01:27.800]  If AT&T has its way before the Supreme Court,
[01:01:27.800 --> 01:01:31.800]  any business that issues a contract to customers would be able to prevent them
[01:01:31.800 --> 01:01:35.800]  from joining class action lawsuits, taking away, arguably,
[01:01:35.800 --> 01:01:39.800]  the most powerful legal tool available to individual citizens.
[01:01:39.800 --> 01:01:44.800]  A case involving AT&T that goes before the US Supreme Court next week
[01:01:44.800 --> 01:01:48.800]  has sweeping ramifications for potentially millions of customers.
[01:01:48.800 --> 01:01:53.800]  If the telecom giant wins its case, any business that issues a contract to customers,
[01:01:53.800 --> 01:01:57.800]  such as for credit cards, cell phones or cable TV,
[01:01:57.800 --> 01:02:00.800]  would be able to prevent them from joining class action lawsuits.
[01:02:00.800 --> 01:02:04.800]  Deepak Gupta, an attorney for the advocacy group Public Citizen,
[01:02:04.800 --> 01:02:09.800]  who will argue on consumers' behalf before the Supreme Court Tuesday said,
[01:02:09.800 --> 01:02:12.800]  quote, companies are afraid of class actions.
[01:02:12.800 --> 01:02:15.800]  This helps keep them honest.
[01:02:15.800 --> 01:02:20.800]  A human rights group said Thursday fighting between US-led forces and the Taliban
[01:02:20.800 --> 01:02:25.800]  has destroyed or damaged hundreds of houses during a recent campaign
[01:02:25.800 --> 01:02:28.800]  in Afghanistan's southern Kandahar province.
[01:02:28.800 --> 01:02:32.800]  The widespread damage reported by the Afghan rights monitor in Kandahar,
[01:02:32.800 --> 01:02:38.800]  birthplace of the Taliban, comes despite a US strategy to limit harm to civilians.
[01:02:38.800 --> 01:02:44.800]  ARM said US-led forces have used aerial bombing to strike Taliban strongholds
[01:02:44.800 --> 01:02:59.800]  and set off mines and homemade bombs, sometimes hidden as booby traps in private homes.
[01:03:15.800 --> 01:03:23.800]  Yeah, a story for every month of the year,
[01:03:23.800 --> 01:03:28.800]  that I'm not gonna give in to the spirit of time.
[01:03:28.800 --> 01:03:37.800]  Yeah, a story, a story for every month of the year.
[01:03:37.800 --> 01:03:44.800]  How will I find my father, darling, until he returns?
[01:03:44.800 --> 01:03:48.800]  How will I find my father, darling, until he returns?
[01:03:48.800 --> 01:03:55.800]  As I was raised and withdrawn, I became my concern.
[01:03:55.800 --> 01:04:01.800]  How will I find my father, darling, until I realize I'm my father?
[01:04:01.800 --> 01:04:08.800]  Okay, folks, we are back. Final hour of our four-hour Friday info marathon
[01:04:08.800 --> 01:04:11.800]  here on November 5th, 2010.
[01:04:11.800 --> 01:04:15.800]  We're taking your calls. We've got Mark in Wisconsin is up next.
[01:04:15.800 --> 01:04:18.800]  Mark, thanks for calling in. What's on your mind?
[01:04:18.800 --> 01:04:19.800]  How you doing?
[01:04:19.800 --> 01:04:21.800]  Pretty good.
[01:04:21.800 --> 01:04:26.800]  Hey, I remember Randy said one time, you can use any email address you want.
[01:04:26.800 --> 01:04:30.800]  So I went down and got a records request at a police department
[01:04:30.800 --> 01:04:35.800]  and I put grandjury at hotmail.com.
[01:04:35.800 --> 01:04:39.800]  Boy, I felt like I was at Burger King with a $100 bill.
[01:04:39.800 --> 01:04:43.800]  You should have seen him hopping.
[01:04:43.800 --> 01:04:50.800]  I knew you were pulling something. That is good.
[01:04:50.800 --> 01:04:53.800]  The guy brought back, I told him I wanted a receipt
[01:04:53.800 --> 01:04:56.800]  and he brought me back a copy and he said,
[01:04:56.800 --> 01:05:01.800]  you know, this is the first records request I've ever file stamped.
[01:05:01.800 --> 01:05:03.800]  I said, really?
[01:05:03.800 --> 01:05:08.800]  Isn't that special?
[01:05:08.800 --> 01:05:10.800]  Hey, Randy, I've got a serious question for you.
[01:05:10.800 --> 01:05:12.800]  Okay.
[01:05:12.800 --> 01:05:16.800]  In a constitutionally limited republic,
[01:05:16.800 --> 01:05:21.800]  what is the government's authority to incorporate?
[01:05:21.800 --> 01:05:27.800]  Well, what's to prevent the government from incorporating?
[01:05:27.800 --> 01:05:32.800]  Wait a minute, they can't do anything unless they are authorized to do it, Randy.
[01:05:32.800 --> 01:05:34.800]  You can't have it both ways, Randy.
[01:05:34.800 --> 01:05:36.800]  I've heard you say the same thing Deborah just said.
[01:05:36.800 --> 01:05:39.800]  Give it to me.
[01:05:39.800 --> 01:05:48.800]  Well, okay, this gets into what gives the government the right to spend money?
[01:05:48.800 --> 01:05:50.800]  What gives them the right to buy toilet paper?
[01:05:50.800 --> 01:05:53.800]  Well, governments don't have a right to do anything for one thing.
[01:05:53.800 --> 01:05:56.800]  They only have authorities that are granted to them.
[01:05:56.800 --> 01:05:58.800]  Only sovereign citizens have rights.
[01:05:58.800 --> 01:06:02.800]  Okay, what gives them authority to buy toilet paper?
[01:06:02.800 --> 01:06:06.800]  They have the inherent authority to do anything that is necessary
[01:06:06.800 --> 01:06:10.800]  and ancillary to the power and authority granted by us,
[01:06:10.800 --> 01:06:12.800]  but nothing in excess of that.
[01:06:12.800 --> 01:06:18.800]  Okay, so they create a corporation to run the business of the court.
[01:06:18.800 --> 01:06:20.800]  Government is not meant to be a business.
[01:06:20.800 --> 01:06:22.800]  Who says that?
[01:06:22.800 --> 01:06:24.800]  We didn't give them the authority.
[01:06:24.800 --> 01:06:28.800]  Show me anywhere in the constitution where it says we create government as a business entity.
[01:06:28.800 --> 01:06:30.800]  Well, so the government can't run a court.
[01:06:30.800 --> 01:06:33.800]  Then they've got to get somebody else to hire this.
[01:06:33.800 --> 01:06:35.800]  They're not supposed to be able to run a court.
[01:06:35.800 --> 01:06:36.800]  That's the whole question.
[01:06:36.800 --> 01:06:38.800]  Listen, who hires the janitor?
[01:06:38.800 --> 01:06:40.800]  Who pays the bail?
[01:06:40.800 --> 01:06:42.800]  You don't have to be incorporated to hire a janitor.
[01:06:42.800 --> 01:06:44.800]  You don't have to be anything.
[01:06:44.800 --> 01:06:48.800]  That's like saying you have to be a master carpenter to drive a nail.
[01:06:48.800 --> 01:06:52.800]  Okay, you're turning this into a facetious argument.
[01:06:52.800 --> 01:06:57.800]  The court has to have a way to run the business of the court.
[01:06:57.800 --> 01:06:59.800]  But they don't have to incorporate to do that.
[01:06:59.800 --> 01:07:01.800]  Yeah, now you're nitpicking.
[01:07:01.800 --> 01:07:05.800]  You're saying, well, they've got to do that the way I think they ought to do that,
[01:07:05.800 --> 01:07:07.800]  and they can't do it any other way.
[01:07:07.800 --> 01:07:09.800]  We told them to do it in the constitution.
[01:07:09.800 --> 01:07:11.800]  What does the court say?
[01:07:11.800 --> 01:07:15.800]  If we didn't give them the authority to do something, how do they get it?
[01:07:15.800 --> 01:07:16.800]  That's a good question.
[01:07:16.800 --> 01:07:20.800]  How do they get inherent authority to buy toilet paper?
[01:07:20.800 --> 01:07:22.800]  We didn't give it to them.
[01:07:22.800 --> 01:07:27.800]  It's necessary and ancillary to the business of their office,
[01:07:27.800 --> 01:07:31.800]  but that still doesn't answer the question of money or incorporation.
[01:07:31.800 --> 01:07:35.800]  It's your personal opinion that it's not necessary and ancillary
[01:07:35.800 --> 01:07:39.800]  to the operation of the business of the court to incorporate.
[01:07:39.800 --> 01:07:41.800]  Or do you have some specific evidence?
[01:07:41.800 --> 01:07:44.800]  Miss, how long did they operate before they incorporated, Randy?
[01:07:44.800 --> 01:07:46.800]  Okay, see, this is a general argument.
[01:07:46.800 --> 01:07:47.800]  No, that's a good question.
[01:07:47.800 --> 01:07:49.800]  That's a very good point, Eddie.
[01:07:49.800 --> 01:07:53.800]  How long did they operate successfully before they incorporated?
[01:07:53.800 --> 01:07:57.800]  Just like how long did we have elections before the voting machines?
[01:07:57.800 --> 01:07:59.800]  It's not necessary.
[01:07:59.800 --> 01:08:09.800]  But now we're saying somehow that they're somehow not able to do things.
[01:08:09.800 --> 01:08:16.800]  On the one hand, you're talking about their inherent authority or inherent powers,
[01:08:16.800 --> 01:08:20.800]  and on the other hand, those powers are only inherent
[01:08:20.800 --> 01:08:23.800]  if they're operated the way I think they ought to.
[01:08:23.800 --> 01:08:26.800]  If they're not done the way I think they should do it,
[01:08:26.800 --> 01:08:31.800]  and they're not inherent anymore, what does inherent mean?
[01:08:31.800 --> 01:08:32.800]  What does inherent mean?
[01:08:32.800 --> 01:08:34.800]  Yeah.
[01:08:34.800 --> 01:08:39.800]  It means that it is inherited from the other powers or authorities granted.
[01:08:39.800 --> 01:08:44.800]  It's necessary and ancillary to the carrying out of the power and authority granted.
[01:08:44.800 --> 01:08:45.800]  Okay.
[01:08:45.800 --> 01:08:49.800]  But incorporating is not necessary and ancillary.
[01:08:49.800 --> 01:08:50.800]  Who says?
[01:08:50.800 --> 01:08:52.800]  It's just like the, what do you mean, who said?
[01:08:52.800 --> 01:08:53.800]  It's a common fact.
[01:08:53.800 --> 01:08:54.800]  I mean, who says?
[01:08:54.800 --> 01:08:55.800]  It's not a common fact.
[01:08:55.800 --> 01:08:58.800]  If they cooperate when we created them and they operated successfully
[01:08:58.800 --> 01:09:02.800]  for 150 years without it, it's obvious they can do it without being incorporated.
[01:09:02.800 --> 01:09:04.800]  It's not necessarily.
[01:09:04.800 --> 01:09:07.800]  What do you mean, not necessarily?
[01:09:07.800 --> 01:09:10.800]  Conditions change.
[01:09:10.800 --> 01:09:16.800]  When did the conditions that we set into the Constitution change without our say so?
[01:09:16.800 --> 01:09:17.800]  Okay.
[01:09:17.800 --> 01:09:22.800]  We still go back to the problem of how can a court buy toilet paper.
[01:09:22.800 --> 01:09:23.800]  This is what you're saying.
[01:09:23.800 --> 01:09:27.800]  They can only do things the way I think they should do things.
[01:09:27.800 --> 01:09:32.800]  If they do it the way I think they should do it, somehow that's part of their inherent powers.
[01:09:32.800 --> 01:09:36.800]  But if they don't do it the way I think they should do it, it's not part of their inherent powers.
[01:09:36.800 --> 01:09:41.800]  If they don't do it in the manner and under the way the Constitution is set out for them,
[01:09:41.800 --> 01:09:42.800]  it's not in their power.
[01:09:42.800 --> 01:09:48.800]  How did the Constitution set out for the courts to buy toilet paper?
[01:09:48.800 --> 01:09:50.800]  Let's get back to the original question, Randy.
[01:09:50.800 --> 01:09:52.800]  This is the question.
[01:09:52.800 --> 01:09:53.800]  What's their authority?
[01:09:53.800 --> 01:09:55.800]  You know we're not talking about toilet paper here.
[01:09:55.800 --> 01:09:56.800]  Okay.
[01:09:56.800 --> 01:09:57.800]  Presupposes they have to have authority.
[01:09:57.800 --> 01:10:00.800]  We're talking about a fiction changing their fiction.
[01:10:00.800 --> 01:10:01.800]  Well now, wait a minute.
[01:10:01.800 --> 01:10:04.800]  What do you mean presupposes they have to have authority?
[01:10:04.800 --> 01:10:08.800]  Government can do nothing for which an authority is not granted.
[01:10:08.800 --> 01:10:09.800]  Oh, man.
[01:10:09.800 --> 01:10:10.800]  We get it.
[01:10:10.800 --> 01:10:11.800]  How many times have we covered that?
[01:10:11.800 --> 01:10:16.800]  This corporation crap is a false argument.
[01:10:16.800 --> 01:10:17.800]  It's worthless.
[01:10:17.800 --> 01:10:18.800]  It's meaningless.
[01:10:18.800 --> 01:10:24.800]  It does nothing but cause people unmitigated problems trying to argue.
[01:10:24.800 --> 01:10:27.800]  We're not talking about making an argument in court.
[01:10:27.800 --> 01:10:29.800]  You're making a nonsense argument here.
[01:10:29.800 --> 01:10:37.800]  You're saying it's okay to do it if I like the way you do it, then it's inherent under Constitution.
[01:10:37.800 --> 01:10:38.800]  Fine.
[01:10:38.800 --> 01:10:41.800]  Can the legislature then create a president?
[01:10:41.800 --> 01:10:44.800]  That's a stupid argument.
[01:10:44.800 --> 01:10:45.800]  Why?
[01:10:45.800 --> 01:10:48.800]  They want to replace the governor and make a president instead.
[01:10:48.800 --> 01:10:49.800]  Why is it a stupid argument?
[01:10:49.800 --> 01:10:53.800]  Because the Constitution created the president, not the legislature.
[01:10:53.800 --> 01:10:56.800]  They weren't given the power.
[01:10:56.800 --> 01:11:09.800]  So we need to go back to horse and buggies because where in the heck did the government get the power to purchase automobiles?
[01:11:09.800 --> 01:11:10.800]  Randy.
[01:11:10.800 --> 01:11:14.800]  You're talking about purchasing things to do the job we gave them, Randy.
[01:11:14.800 --> 01:11:16.800]  That's what the corporation was put together for.
[01:11:16.800 --> 01:11:18.800]  The corporation is irrelevant to that.
[01:11:18.800 --> 01:11:20.800]  It's not necessary.
[01:11:20.800 --> 01:11:23.800]  It's just like a police force to a municipality.
[01:11:23.800 --> 01:11:28.800]  The functions of a municipality have nothing to do with having a private police force.
[01:11:28.800 --> 01:11:30.800]  You can run a city just fine.
[01:11:30.800 --> 01:11:32.800]  You're running off on a different argument here.
[01:11:32.800 --> 01:11:35.800]  It's the same argument as your toilet paper argument.
[01:11:35.800 --> 01:11:38.800]  It's just more factual.
[01:11:38.800 --> 01:11:45.800]  The problem here is is a city can be run just fine without the necessity of a police force, can it not?
[01:11:45.800 --> 01:11:46.800]  Yes, it can.
[01:11:46.800 --> 01:11:53.800]  So a police force is not necessary and ancillary to the power to create a municipality, is it?
[01:11:53.800 --> 01:11:54.800]  Okay.
[01:11:54.800 --> 01:11:55.800]  Now, okay.
[01:11:55.800 --> 01:11:56.800]  Wait a minute.
[01:11:56.800 --> 01:12:01.800]  I don't know how to get to this.
[01:12:01.800 --> 01:12:07.800]  I never understood the problem with the corporation and why this is such an issue.
[01:12:07.800 --> 01:12:10.800]  Randy, just put your finger on the law.
[01:12:10.800 --> 01:12:14.800]  What is the authority in the Constitution to incorporate?
[01:12:14.800 --> 01:12:16.800]  What is the authority to buy toilet paper?
[01:12:16.800 --> 01:12:21.800]  Same thing.
[01:12:21.800 --> 01:12:30.800]  You're saying they have to have specific constitutional authority for every single solitary thing they do.
[01:12:30.800 --> 01:12:33.800]  Then what are you saying?
[01:12:33.800 --> 01:12:41.800]  They have to have specific constitutional authority to exercise the given powers, to have powers.
[01:12:41.800 --> 01:12:47.800]  If we didn't create a court with the Constitution, there wouldn't be a court.
[01:12:47.800 --> 01:12:48.800]  Okay.
[01:12:48.800 --> 01:12:55.800]  Now, we gave the court a certain specific set of responsibilities and authorities to do for the people.
[01:12:55.800 --> 01:12:56.800]  Okay.
[01:12:56.800 --> 01:13:07.800]  By inherent responsibility, they have certain powers that are attached to that, certain capabilities that are attached to that, so that the function that we gave them can be done.
[01:13:07.800 --> 01:13:08.800]  Okay.
[01:13:08.800 --> 01:13:10.800]  All right?
[01:13:10.800 --> 01:13:13.800]  Now, that means they hire employees.
[01:13:13.800 --> 01:13:15.800]  That means they assign tasks to those employees.
[01:13:15.800 --> 01:13:16.800]  Okay.
[01:13:16.800 --> 01:13:24.800]  That means those employees must have supplies and things like that in order to accomplish the duties we gave to them, including toilet paper.
[01:13:24.800 --> 01:13:27.800]  So we don't have to pay them to go home to take a dump.
[01:13:27.800 --> 01:13:44.800]  How do you separate the duty, the authority to buy toilet paper from the authority to create a structure under which the toilet paper is efficiently purchased?
[01:13:44.800 --> 01:13:48.800]  I thought that's what the State Comptroller and the State Treasurer's Office was for.
[01:13:48.800 --> 01:13:56.800]  You don't buy toilet paper. Each court runs themselves. The state runs the state, not the court.
[01:13:56.800 --> 01:14:03.800]  The state doesn't pay the employees. The court has to do all of that.
[01:14:03.800 --> 01:14:14.800]  They get a fund, and they have to organize their own business to pay their people and take care of their bid, buy their materials.
[01:14:14.800 --> 01:14:26.800]  Right. You're talking about the things that are necessary and ancillary to the ability of them to do the job we gave them at the least expense and inconvenience to us, the public.
[01:14:26.800 --> 01:14:34.800]  And I would find it very inconvenient to have to pay a guy for an hour's worth of time to drive home, take a dump, use his own toilet paper, and come back.
[01:14:34.800 --> 01:14:42.800]  I agree. This goes the whole thing. The corporation is just a way of doing that effectively and efficiently.
[01:14:42.800 --> 01:14:47.800]  Tell me where Articles of Incorporation help you wipe your butt.
[01:14:47.800 --> 01:14:50.800]  It gives you paper to wipe with.
[01:14:50.800 --> 01:14:54.800]  Okay, guys, come on. This is a family show now.
[01:14:54.800 --> 01:14:59.800]  The corporation offer another level of insulation to the government that they weren't intended to have?
[01:14:59.800 --> 01:15:01.800]  How do you get that?
[01:15:01.800 --> 01:15:10.800]  Well, I know when you go to sue somebody, and they're part of a corporation or something, you can't sue the officers, you've got to sue the corporation.
[01:15:10.800 --> 01:15:13.800]  No, you can sue the officers. Where are you getting that stuff?
[01:15:13.800 --> 01:15:14.800]  Of course you can.
[01:15:14.800 --> 01:15:16.800]  I'm just talking about civilly.
[01:15:16.800 --> 01:15:24.800]  Yeah, civilly you can sue any member of the corporation. You don't have to sue the corporation itself. You can sue the corporation.
[01:15:24.800 --> 01:15:31.800]  He's talking about the corporate shield as far as them being personally liable for their actions.
[01:15:31.800 --> 01:15:45.800]  And you know as well as I do that in government they use that to full advantage by declaring themselves officially or sovereignly immune from such suit, even though we didn't give them that authority in the Constitution.
[01:15:45.800 --> 01:15:52.800]  That has nothing to do with corporation. That has to do with corrupt judges.
[01:15:52.800 --> 01:16:01.800]  What is the official mandate of any corporation? By law, what is a corporation required to do?
[01:16:01.800 --> 01:16:06.800]  You're going to say make a profit, and that's not true.
[01:16:06.800 --> 01:16:17.800]  For a nonprofit, you're right. But the government that we have is not set up as a nonprofit, is it? It's set up as a public corporation, not a nonprofit.
[01:16:17.800 --> 01:16:34.800]  Well I would like to look at the articles of the incorporation and see who the listed officers are, the shareholders, as far as the board of directors and stuff like that, if it's necessarily the same as the officers of the court or not.
[01:16:34.800 --> 01:16:36.800]  Yeah, and that's what I've been wanting to see for a long time.
[01:16:36.800 --> 01:16:50.800]  Well, if they're listed on Dun and Bradstreet, they're obviously incorporated, so, and those are public, that's public information, so we should be able to find out who the officers of the corporation are to see if they're different from the officers of the court.
[01:16:50.800 --> 01:16:51.800]  Mark, you started all this.
[01:16:51.800 --> 01:17:01.800]  Okay, listen, hang on the line, but we might want to return to this because we've got other callers as well. We'll be right back.
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[01:17:47.800 --> 01:17:59.800]  As for Chad, and say you heard about us on Rule of Law Radio or 90.1 FM, that's Capital Coin and Bullion, 512-646-6440.
[01:17:59.800 --> 01:18:08.800]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy, and neither is finding like-minded people to share it with.
[01:18:08.800 --> 01:18:11.800]  Oh, well, I guess you haven't heard of Brave New Books, then.
[01:18:11.800 --> 01:18:12.800]  Brave New Books?
[01:18:12.800 --> 01:18:19.800]  Yes. Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Edward Griffin.
[01:18:19.800 --> 01:18:23.800]  They even stock inner food, Berkey products, and Calvin Soaps.
[01:18:23.800 --> 01:18:26.800]  There's no way a place like that exists.
[01:18:26.800 --> 01:18:31.800]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[01:18:31.800 --> 01:18:35.800]  By UT, there's never anywhere to park down there.
[01:18:35.800 --> 01:18:43.800]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK Parking Facility, just behind the bookstore.
[01:18:43.800 --> 01:18:46.800]  It does exist, but when are they open?
[01:18:46.800 --> 01:18:51.800]  Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays.
[01:18:51.800 --> 01:18:58.800]  So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[01:18:58.800 --> 01:19:03.800]  Oh, come on.
[01:19:03.800 --> 01:19:32.800]  If I can't get everything I want, yeah If I can't get a range, yeah
[01:19:32.800 --> 01:19:46.800]  If I can't get everything I need, yeah If I can't get a range, yeah
[01:19:46.800 --> 01:19:58.800]  If the people of the world can get happiness and peace If I can't get a range, yeah
[01:19:58.800 --> 01:20:03.800]  If the people of the world can get happiness and peace
[01:20:28.800 --> 01:20:36.800]  If they are also large shareholders or officers or on the board of directors or have strong vested interests,
[01:20:36.800 --> 01:20:40.800]  i.e. they hold many shares in the corporation of the court,
[01:20:40.800 --> 01:20:48.800]  then that could be an obvious conflict of interest concerning the income of the courts, namely traffic tickets.
[01:20:48.800 --> 01:20:56.800]  And so we have had callers that have called in saying that they have seen the articles of corporation for some of these courts,
[01:20:56.800 --> 01:21:04.800]  and that the primary judicial officers of the court itself are also the same officers of the corporation,
[01:21:04.800 --> 01:21:06.800]  which would be a conflict of interest.
[01:21:06.800 --> 01:21:10.800]  Now, I don't know if that's the case in every incorporated court,
[01:21:10.800 --> 01:21:14.800]  but I know that we have had callers that have said that they have looked that up.
[01:21:14.800 --> 01:21:18.800]  Now, I personally just have not had the time to look these things up myself,
[01:21:18.800 --> 01:21:24.800]  but that is a primary, that is a strong concern in this situation.
[01:21:24.800 --> 01:21:31.800]  And my concern is for all of this hullabaloo about the corporations.
[01:21:31.800 --> 01:21:36.800]  I've never heard anybody talk about the nature of the corporation itself.
[01:21:36.800 --> 01:21:39.800]  Never had anybody who seemed to know anything about the nature.
[01:21:39.800 --> 01:21:45.800]  Okay, well, like I said, we've had callers that have called in and said that they have looked up the articles of corporations
[01:21:45.800 --> 01:21:48.800]  of some of their municipal and district courts,
[01:21:48.800 --> 01:21:54.800]  and they have found that the officers of the corporation are the same as the judicial officers of the court.
[01:21:54.800 --> 01:21:57.800]  So I have heard that on this show in times past.
[01:21:57.800 --> 01:21:59.800]  I don't know specifically the dates.
[01:21:59.800 --> 01:22:03.800]  I have not looked this information up yet myself in our district.
[01:22:03.800 --> 01:22:05.800]  I just haven't had time.
[01:22:05.800 --> 01:22:08.800]  Maybe some listeners out there could look at that.
[01:22:08.800 --> 01:22:13.800]  The Dun and Bradstreet does show that they are incorporated as such-and-such corporation,
[01:22:13.800 --> 01:22:17.800]  and it does show who is listed as the officer of that corporation.
[01:22:17.800 --> 01:22:23.800]  And most of the time it is whatever officer presides in that area.
[01:22:23.800 --> 01:22:25.800]  If it's a court, it's the judge.
[01:22:25.800 --> 01:22:31.800]  If it's the prosecutor's office, it's the prosecuting attorney.
[01:22:31.800 --> 01:22:33.800]  And they are shown that way.
[01:22:33.800 --> 01:22:34.800]  That is the issue.
[01:22:34.800 --> 01:22:36.800]  That is a conflict of interest right there then.
[01:22:36.800 --> 01:22:38.800]  It's obvious.
[01:22:38.800 --> 01:22:42.800]  So that is the concern.
[01:22:42.800 --> 01:22:46.800]  I don't know if that answers Mark's question or not, but I hope it answers Randy's question.
[01:22:46.800 --> 01:22:50.800]  No, his question was point to the law that gives them the authority to do it.
[01:22:50.800 --> 01:22:54.800]  And there isn't one other than what the legislature enacted,
[01:22:54.800 --> 01:22:58.800]  but it's not authorized in the Constitution.
[01:22:58.800 --> 01:23:03.800]  Did I stump the chump, Randy?
[01:23:03.800 --> 01:23:07.800]  I guess that depends on who Randy is going to lay out as a chump this time.
[01:23:07.800 --> 01:23:09.800]  I owe you for this one.
[01:23:09.800 --> 01:23:11.800]  I knew you were going to pay something on me.
[01:23:11.800 --> 01:23:14.800]  Okay, Mark, do you have anything else for us tonight before we go?
[01:23:14.800 --> 01:23:16.800]  One quick thing.
[01:23:16.800 --> 01:23:18.800]  Eddie was talking about the Texas Constitution.
[01:23:18.800 --> 01:23:21.800]  So I looked up our original Constitution here in Wisconsin,
[01:23:21.800 --> 01:23:31.800]  and it says in there that you're entitled to in a criminal prosecution,
[01:23:31.800 --> 01:23:35.800]  or no, you're entitled to information and what was that other thing?
[01:23:35.800 --> 01:23:36.800]  Indictment.
[01:23:36.800 --> 01:23:37.800]  Indictment.
[01:23:37.800 --> 01:23:42.800]  It says that in the original Constitution for any court proceedings.
[01:23:42.800 --> 01:23:51.800]  And then I looked at the current statute and it says criminal proceedings.
[01:23:51.800 --> 01:23:55.800]  Well, yeah, you don't have an indictment or information in a civil.
[01:23:55.800 --> 01:23:57.800]  Those are limited to criminal.
[01:23:57.800 --> 01:23:59.800]  All you have in a civil is a complaint.
[01:23:59.800 --> 01:24:02.800]  That's your cause of action.
[01:24:02.800 --> 01:24:05.800]  Right, but what I'm saying in the original Constitution,
[01:24:05.800 --> 01:24:10.800]  it said you had to have an information even for the civil,
[01:24:10.800 --> 01:24:17.800]  you know, for like an ordinance violation or something, I guess.
[01:24:17.800 --> 01:24:23.800]  Well, in that case I would think you'd still just have to have a complaint.
[01:24:23.800 --> 01:24:28.800]  But now that would also depend upon whether or not the ordinance involved a
[01:24:28.800 --> 01:24:31.800]  criminal issue or a civil issue.
[01:24:31.800 --> 01:24:36.800]  If it was a criminal issue, then yes, they would still have to have everything.
[01:24:36.800 --> 01:24:40.800]  But the problem is, is who can be tried under the ordinance?
[01:24:40.800 --> 01:24:44.800]  It's not you or me as one of the people.
[01:24:44.800 --> 01:24:48.800]  Because if your Constitution has an enacting clause in it,
[01:24:48.800 --> 01:24:51.800]  the ordinance itself is not law.
[01:24:51.800 --> 01:24:56.800]  It's a lower governmental enactment by a municipality that should mimic the
[01:24:56.800 --> 01:25:00.800]  state law, but it is not the state law.
[01:25:00.800 --> 01:25:10.800]  And it can't be what you're charged with and hold water if you're one of the people.
[01:25:10.800 --> 01:25:11.800]  All right.
[01:25:11.800 --> 01:25:13.800]  Okay, well, thanks a lot.
[01:25:13.800 --> 01:25:17.800]  I'm going to go to the gas station, get some more gas for the next time I call.
[01:25:17.800 --> 01:25:19.800]  But you guys have a good night.
[01:25:19.800 --> 01:25:20.800]  I appreciate it.
[01:25:20.800 --> 01:25:21.800]  Okay, thanks, Mark.
[01:25:21.800 --> 01:25:22.800]  Bye-bye.
[01:25:22.800 --> 01:25:23.800]  Bye.
[01:25:23.800 --> 01:25:25.800]  Okay, we are going now to Martha in Alabama.
[01:25:25.800 --> 01:25:30.800]  Before we go, I just wanted to make one last comment about this corporation stuff.
[01:25:30.800 --> 01:25:37.800]  It would seem to me that while it may be possible that the court or some other
[01:25:37.800 --> 01:25:43.800]  government entity possibly may have some inherent authority to incorporate in
[01:25:43.800 --> 01:25:48.800]  order to just take care of the mundane business of dealing with themselves,
[01:25:48.800 --> 01:25:52.800]  like as Randy says, buying toilet paper and paying the janitor and such,
[01:25:52.800 --> 01:25:55.800]  to me that's not even the real question.
[01:25:55.800 --> 01:25:59.800]  The real question is who are the officers?
[01:25:59.800 --> 01:26:02.800]  Are the officers the same as the judicial officers,
[01:26:02.800 --> 01:26:06.800]  which nine times out of ten, according to our callers and according to Eddie,
[01:26:06.800 --> 01:26:08.800]  the answer is yes.
[01:26:08.800 --> 01:26:12.800]  And that being the case, that's an obvious conflict of interest.
[01:26:12.800 --> 01:26:18.800]  It seems like there should be some lawsuits that could be easily put together here
[01:26:18.800 --> 01:26:24.800]  to sue these people, not to sue the corporation but sue the officers because,
[01:26:24.800 --> 01:26:28.800]  I mean, it's one thing to be an officer of the court and be paid, you know,
[01:26:28.800 --> 01:26:35.800]  according to the appropriations, you know, of the salary of the position.
[01:26:35.800 --> 01:26:42.800]  It's another thing to be making dividends and profits as an officer or as a
[01:26:42.800 --> 01:26:45.800]  primary shareholder of that same corporation.
[01:26:45.800 --> 01:26:49.800]  I mean, if they're going to incorporate, if they have the inherent authority to
[01:26:49.800 --> 01:26:55.800]  incorporate, there needs to be the officers of those incorporated entities need
[01:26:55.800 --> 01:26:59.800]  to be individuals other than the judicial officers,
[01:26:59.800 --> 01:27:02.800]  the primary judicial officers of the court.
[01:27:02.800 --> 01:27:07.800]  And certainly they should not be allowed to have a primary shareholder,
[01:27:07.800 --> 01:27:10.800]  stakeholder interest in the corporation.
[01:27:10.800 --> 01:27:14.800]  That seems to be more of the issue at hand.
[01:27:14.800 --> 01:27:15.800]  Okay.
[01:27:15.800 --> 01:27:18.800]  We're going to go now to Martha in Alabama.
[01:27:18.800 --> 01:27:20.800]  Martha, thanks for calling in.
[01:27:20.800 --> 01:27:22.800]  What is on your mind tonight?
[01:27:22.800 --> 01:27:27.800]  Oh, hello, Deborah and Randy and Eddie.
[01:27:27.800 --> 01:27:34.800]  I have a, Randy, two years ago we bought a foreclosure,
[01:27:34.800 --> 01:27:37.800]  and so we don't have a mortgage problem.
[01:27:37.800 --> 01:27:40.800]  I think it's more like a deed problem.
[01:27:40.800 --> 01:27:45.800]  And I just wanted to find out what you thought about it.
[01:27:45.800 --> 01:27:58.800]  I have all the documents here on the offer to purchase and contract.
[01:27:58.800 --> 01:28:05.800]  It says the title must be delivered at closing by general warranty deed unless
[01:28:05.800 --> 01:28:08.800]  otherwise stated herein.
[01:28:08.800 --> 01:28:13.800]  And this was two years ago, and it's in the state of North Carolina.
[01:28:13.800 --> 01:28:17.800]  And we just got to looking at our paperwork,
[01:28:17.800 --> 01:28:22.800]  and we have a North Carolina special warranty deed,
[01:28:22.800 --> 01:28:35.800]  you know, which I know is inferior to the general warranty deed.
[01:28:35.800 --> 01:28:37.800]  So what was your question?
[01:28:37.800 --> 01:28:46.800]  Well, you know, the contract was the general warranty deed,
[01:28:46.800 --> 01:28:48.800]  and we've got the special warranty date.
[01:28:48.800 --> 01:28:52.800]  I just kind of wondered if we had a problem.
[01:28:52.800 --> 01:28:57.800]  This is a question that's obviously of a really technical nature
[01:28:57.800 --> 01:28:59.800]  and states it's specific,
[01:28:59.800 --> 01:29:06.800]  so I can't speak to the difference between a general and a special.
[01:29:06.800 --> 01:29:13.800]  The special warranty deed is inferior to the other one,
[01:29:13.800 --> 01:29:16.800]  and we just actually noticed we had that.
[01:29:16.800 --> 01:29:18.800]  How is it inferior?
[01:29:18.800 --> 01:29:24.800]  Well, a primary, you know, when you've got a primary deed,
[01:29:24.800 --> 01:29:29.800]  that's better than a special warranty deed.
[01:29:29.800 --> 01:29:32.800]  So a primary would be the general.
[01:29:32.800 --> 01:29:36.800]  Yeah.
[01:29:36.800 --> 01:29:40.800]  You could certainly sue for the general,
[01:29:40.800 --> 01:29:45.800]  at least demanded of the seller of the property,
[01:29:45.800 --> 01:29:50.800]  and if they don't produce it, then you could certainly sue them.
[01:29:50.800 --> 01:29:53.800]  Hold on, we're about to go to break.
[01:29:53.800 --> 01:29:55.800]  We'll pick this up on the other side.
[01:29:55.800 --> 01:29:57.800]  This is Randy Kelton, Eddie Craig Davis-Stevens,
[01:29:57.800 --> 01:30:02.800]  and we'll be right back.
[01:30:28.800 --> 01:30:33.800]  For more information, go to okcbombingtruth.com.
[01:30:33.800 --> 01:30:35.800]  Coffee might not be so bad after all.
[01:30:35.800 --> 01:30:38.800]  In fact, researchers say drinking a cup of Joe every day
[01:30:38.800 --> 01:30:40.800]  can help keep the doctor away.
[01:30:40.800 --> 01:30:41.800]  I'm Dr. Catherine Albrecht,
[01:30:41.800 --> 01:30:45.800]  and I'll be back in a moment to talk about the health benefits of coffee.
[01:30:45.800 --> 01:30:47.800]  Privacy is under attack.
[01:30:47.800 --> 01:30:50.800]  When you give up data about yourself, you'll never get it back again,
[01:30:50.800 --> 01:30:52.800]  and once your privacy is gone,
[01:30:52.800 --> 01:30:55.800]  you'll find your freedoms will start to vanish too.
[01:30:55.800 --> 01:30:58.800]  So protect your rights, say no to surveillance,
[01:30:58.800 --> 01:31:01.800]  and keep your information to yourself.
[01:31:01.800 --> 01:31:03.800]  Privacy, it's worth hanging onto.
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[01:31:14.800 --> 01:31:17.800]  For years, coffee has gotten a bad rap.
[01:31:17.800 --> 01:31:20.800]  True, it can be addictive and even spike blood pressure,
[01:31:20.800 --> 01:31:23.800]  but researchers now say coffee could actually be good for you.
[01:31:23.800 --> 01:31:27.800]  Did you know that regular coffee drinkers have a lower risk of Type 2 diabetes?
[01:31:27.800 --> 01:31:31.800]  Coffee may also prevent colon cancer, gallstones, liver damage,
[01:31:31.800 --> 01:31:33.800]  and Parkinson's disease.
[01:31:33.800 --> 01:31:35.800]  And anyone who's had to pull an all-nighter can tell you
[01:31:35.800 --> 01:31:38.800]  that coffee improves alertness and increases endurance.
[01:31:38.800 --> 01:31:42.800]  Coffee has many perks, but doctors caution against overconsumption.
[01:31:42.800 --> 01:31:45.800]  Two cups a day is generally okay, but more can cause jitters,
[01:31:45.800 --> 01:31:47.800]  insomnia, and other health risks.
[01:31:47.800 --> 01:31:50.800]  As with most things in life, moderation is the key.
[01:31:50.800 --> 01:31:51.800]  I'm Dr. Catherine Albrecht.
[01:31:51.800 --> 01:31:55.800]  More news and information at CatherineAlbrecht.com.
[01:31:55.800 --> 01:32:24.800]  Music
[01:32:24.800 --> 01:32:34.800]  Music
[01:32:34.800 --> 01:32:44.800]  Music
[01:32:44.800 --> 01:32:57.800]  Music
[01:32:57.800 --> 01:32:58.800]  Okay, folks, we're back.
[01:32:58.800 --> 01:33:01.800]  We're talking to Martha, and then we've got Mike from Texas.
[01:33:01.800 --> 01:33:03.800]  Okay, Randy, go ahead.
[01:33:03.800 --> 01:33:06.800]  Okay, if you consider that it's a problem,
[01:33:06.800 --> 01:33:10.800]  and if your contract called for a general deed,
[01:33:10.800 --> 01:33:19.800]  it would certainly behoove you to first send a request to the seller
[01:33:19.800 --> 01:33:24.800]  for the general deed according to the contract.
[01:33:24.800 --> 01:33:27.800]  Do you have a title insurance?
[01:33:27.800 --> 01:33:29.800]  Yes.
[01:33:29.800 --> 01:33:35.800]  I guess my question is, at first, when people were buying foreclosures,
[01:33:35.800 --> 01:33:39.800]  everybody was saying, oh, well, as long as the property's sold
[01:33:39.800 --> 01:33:42.800]  and somebody bought in good faith, they're safe.
[01:33:42.800 --> 01:33:47.800]  But now that I find out we have kind of a second quality deed,
[01:33:47.800 --> 01:33:54.800]  a lot of people are saying that your title to foreclosures,
[01:33:54.800 --> 01:33:57.800]  all this might be mixed up for years.
[01:33:57.800 --> 01:33:58.800]  Exactly.
[01:33:58.800 --> 01:33:59.800]  They say even up to 10 years.
[01:33:59.800 --> 01:34:03.800]  You wouldn't want to go in and make any improvements on property
[01:34:03.800 --> 01:34:06.800]  if you thought it could possibly.
[01:34:06.800 --> 01:34:09.800]  Come and take it, and that's certainly a possibility.
[01:34:09.800 --> 01:34:16.800]  Even what is a greater problem is the nature of the foreclosure.
[01:34:16.800 --> 01:34:23.800]  If the person foreclosed on comes back after the person who did the foreclosure
[01:34:23.800 --> 01:34:31.800]  and gets that overturned, when you purchase a house in distress,
[01:34:31.800 --> 01:34:34.800]  you purchase at your peril.
[01:34:34.800 --> 01:34:38.800]  If the original owner comes back and wins in court,
[01:34:38.800 --> 01:34:47.800]  he gets the property back, and your claim is against the one who sold it to you.
[01:34:47.800 --> 01:34:49.800]  So yeah, that's the iffy situation.
[01:34:49.800 --> 01:34:54.800]  You get the property at a lesser price, but it also carries risk.
[01:34:54.800 --> 01:34:58.800]  So I would certainly want to go back after that general title.
[01:34:58.800 --> 01:35:03.800]  Well, you know, they were saying they were going to throw the lenders under the bus,
[01:35:03.800 --> 01:35:07.800]  but now it's kind of looking like Congress might bail them out,
[01:35:07.800 --> 01:35:11.800]  and so, you know, who has clear titles?
[01:35:11.800 --> 01:35:16.800]  This is a very, very serious issue that's going to follow this country
[01:35:16.800 --> 01:35:21.800]  for at least the next 10 years, if not the next couple generations.
[01:35:21.800 --> 01:35:22.800]  Exactly.
[01:35:22.800 --> 01:35:27.800]  I had heard it could be passed down in a family for generations,
[01:35:27.800 --> 01:35:29.800]  and it could still come back.
[01:35:29.800 --> 01:35:30.800]  Exactly.
[01:35:30.800 --> 01:35:40.800]  The problem with fraud is the statute of limitations starts to run when it's discovered.
[01:35:40.800 --> 01:35:44.800]  So this could be a problem in perpetuity.
[01:35:44.800 --> 01:35:48.800]  And it's been two years since we bought the property.
[01:35:48.800 --> 01:35:52.800]  So now I'm not even sure who I can go back to.
[01:35:52.800 --> 01:35:54.800]  We do have the title insurance,
[01:35:54.800 --> 01:36:00.800]  but our title insurance is not even writing policies for closures.
[01:36:00.800 --> 01:36:05.800]  Right, and your title insurance companies are likely to go bankrupt.
[01:36:05.800 --> 01:36:06.800]  Oh, my gosh.
[01:36:06.800 --> 01:36:09.800]  If this starts to turn the other direction,
[01:36:09.800 --> 01:36:13.800]  if your title insurance company goes bankrupt, what then?
[01:36:13.800 --> 01:36:14.800]  Exactly.
[01:36:14.800 --> 01:36:22.800]  So I would go back and sue for the general title,
[01:36:22.800 --> 01:36:25.800]  but they're probably not going to be able to produce.
[01:36:25.800 --> 01:36:26.800]  That's good.
[01:36:26.800 --> 01:36:28.800]  Well, who would I sue?
[01:36:28.800 --> 01:36:32.800]  The title insurance, the real estate, the bank?
[01:36:32.800 --> 01:36:35.800]  The seller, whoever sold you the property,
[01:36:35.800 --> 01:36:42.800]  whoever foreclosed on the property that sold it to you, the bank essentially.
[01:36:42.800 --> 01:36:43.800]  The bank.
[01:36:43.800 --> 01:36:46.800]  That will all be in court records.
[01:36:46.800 --> 01:36:51.800]  Well, Randy, let's say if you had bought a property like this,
[01:36:51.800 --> 01:36:56.800]  what would you do besides just try to get a better title?
[01:36:56.800 --> 01:36:59.800]  I wouldn't say this is a clouded title.
[01:36:59.800 --> 01:37:01.800]  It's just second best.
[01:37:01.800 --> 01:37:09.800]  Okay, I would want to run a forensic analysis on the last loan that was on the property
[01:37:09.800 --> 01:37:16.800]  to see who all had possession of that property.
[01:37:16.800 --> 01:37:20.800]  I want to see who actually did the foreclosure,
[01:37:20.800 --> 01:37:24.800]  who claimed authority to do the foreclosure.
[01:37:24.800 --> 01:37:29.800]  See, the odd part about this is that this property has been in my family
[01:37:29.800 --> 01:37:37.800]  for like over 100 years, and so this small portion,
[01:37:37.800 --> 01:37:45.800]  which I was able to buy when it went into foreclosure because it was in my hands,
[01:37:45.800 --> 01:37:49.800]  then it was in somebody else's hands, now it's in my hands again,
[01:37:49.800 --> 01:37:55.800]  so as far as I know, that's the only, that's the line of title.
[01:37:55.800 --> 01:37:59.800]  Okay, well, no, there's another problem.
[01:37:59.800 --> 01:38:04.800]  With the sale of the security instrument,
[01:38:04.800 --> 01:38:10.800]  the wheel party and interest changed from hand to hand.
[01:38:10.800 --> 01:38:16.800]  Then we had someone come along and claim that they had authority to foreclose.
[01:38:16.800 --> 01:38:19.800]  Maybe they did, maybe they didn't.
[01:38:19.800 --> 01:38:25.800]  So you need to locate the loan, pull the CUSIP number on the loan,
[01:38:25.800 --> 01:38:28.800]  and with the CUSIP number, we can go into EDGAR,
[01:38:28.800 --> 01:38:33.800]  the Security Exchange Commission computer database,
[01:38:33.800 --> 01:38:45.800]  and trace down each change of ownership of the pool in which the loan was aggregated into.
[01:38:45.800 --> 01:38:50.800]  You mean the big chopping up and selling to a large group?
[01:38:50.800 --> 01:38:54.800]  Yes, we can trace all those pieces back,
[01:38:54.800 --> 01:38:57.800]  and then when we look at the foreclosure,
[01:38:57.800 --> 01:39:05.800]  if we don't have a direct chain of custody of the security instrument
[01:39:05.800 --> 01:39:10.800]  from the original lender to the one who foreclosed,
[01:39:10.800 --> 01:39:18.800]  if all of those people in between aren't registered with the clerk of the court, you have a problem.
[01:39:18.800 --> 01:39:19.800]  I have a problem?
[01:39:19.800 --> 01:39:23.800]  Any one of those could come back and say, hey, that was my property.
[01:39:23.800 --> 01:39:25.800]  They didn't have any authority to foreclose.
[01:39:25.800 --> 01:39:27.800]  But they don't have a title either.
[01:39:27.800 --> 01:39:29.800]  They may have the original note.
[01:39:29.800 --> 01:39:35.800]  Did you get the wedding signature note back with all the elonges on it?
[01:39:35.800 --> 01:39:40.800]  Wouldn't the title insurance company have had to have that?
[01:39:40.800 --> 01:39:42.800]  No.
[01:39:42.800 --> 01:39:44.800]  Well, they're insuring me title.
[01:39:44.800 --> 01:39:48.800]  Yes, they are, but they're not too worried about it,
[01:39:48.800 --> 01:39:55.800]  because if all of this comes apart, they'll bankrupt quickly.
[01:39:55.800 --> 01:40:10.800]  If I'm one of those little pieces, I couldn't have total title to every property that was in that security conglomeration.
[01:40:10.800 --> 01:40:16.800]  That's where the problem lies with the securitization of the note.
[01:40:16.800 --> 01:40:24.800]  That's why residential real property should never have been sold into securities.
[01:40:24.800 --> 01:40:25.800]  Exactly.
[01:40:25.800 --> 01:40:28.800]  We know that now.
[01:40:28.800 --> 01:40:35.800]  Back two years ago, everybody was saying if a buyer bought in good faith, they didn't have a problem.
[01:40:35.800 --> 01:40:38.800]  And now everything's changed.
[01:40:38.800 --> 01:40:45.800]  This is becoming a really serious problem, and it's going to devastate this country.
[01:40:45.800 --> 01:40:52.800]  It's going to devastate this country because nobody in their right mind would invest in property in this country
[01:40:52.800 --> 01:40:55.800]  with this problem hanging over them.
[01:40:55.800 --> 01:40:58.800]  Exactly.
[01:40:58.800 --> 01:41:02.800]  I don't know how they're going to fix it.
[01:41:02.800 --> 01:41:06.800]  Well, now it seems sort of like they're going to bail them out, doesn't it?
[01:41:06.800 --> 01:41:11.800]  I don't know how they can get past claims of fraud.
[01:41:11.800 --> 01:41:19.800]  Well, the Congress will pass laws that the banks can fix everything.
[01:41:19.800 --> 01:41:27.800]  They have problems with that when you can go back and claim fraud, criminal fraud against individuals.
[01:41:27.800 --> 01:41:29.800]  It's going to be hard to get past that.
[01:41:29.800 --> 01:41:31.800]  There are just too many problems.
[01:41:31.800 --> 01:41:42.800]  If the Congress bails out the bankers, it will absolutely ensure that no one will ever invest in this country.
[01:41:42.800 --> 01:41:46.800]  It will totally undermine any confidence in this country,
[01:41:46.800 --> 01:41:55.800]  and that will drive us into a deep, dark depression from which we may not return.
[01:41:55.800 --> 01:42:00.800]  The way we got out of that one is other countries invested in this country.
[01:42:00.800 --> 01:42:02.800]  That's not going to happen anymore.
[01:42:02.800 --> 01:42:08.800]  This real estate debacle has ensured that.
[01:42:08.800 --> 01:42:11.800]  Well, now I don't feel like I've got any protection at all.
[01:42:11.800 --> 01:42:17.800]  I feel like the title is really clouded.
[01:42:17.800 --> 01:42:21.800]  I have a suggestion.
[01:42:21.800 --> 01:42:22.800]  Oh, no, no, don't.
[01:42:22.800 --> 01:42:33.800]  I started to say sell it to somebody else, but if you've been in the family for 100 years, that could be a problem.
[01:42:33.800 --> 01:42:38.800]  There's a chance nobody's going to buy it anymore, because that's what's happening now,
[01:42:38.800 --> 01:42:43.800]  is people are getting afraid to purchase these properties.
[01:42:43.800 --> 01:42:48.800]  Now we're looking at the banks collecting up properties they can't get rid of.
[01:42:48.800 --> 01:42:50.800]  They're holding properties now they can't sell.
[01:42:50.800 --> 01:42:56.800]  They've got so many, if they dump them on the market, it'll completely devastate the real estate market.
[01:42:56.800 --> 01:43:00.800]  The real estate market's driving like stone anyway, and that'll make it a whole lot worse.
[01:43:00.800 --> 01:43:04.800]  So I'm expecting the banks to start bulldozing these houses.
[01:43:04.800 --> 01:43:07.800]  Hey, Randy, listen, we're about to go to break, Martha.
[01:43:07.800 --> 01:43:08.800]  We're about to go to break.
[01:43:08.800 --> 01:43:14.800]  Randy, do you have like an e-mail address for your mortgage company that she can e-mail you,
[01:43:14.800 --> 01:43:18.800]  because we've only got one segment left, and I'd like to take Mike on the other side of the break.
[01:43:18.800 --> 01:43:19.800]  Oh, okay.
[01:43:19.800 --> 01:43:21.800]  Well, I really appreciate it, Randy.
[01:43:21.800 --> 01:43:24.800]  I don't feel any better, but I feel worse.
[01:43:24.800 --> 01:43:29.800]  As a matter of fact, I thought I had a small deed problem.
[01:43:29.800 --> 01:43:35.800]  Okay, quickly, Randy at remediesinrealestate.com.
[01:43:35.800 --> 01:43:37.800]  Okay, well, I really appreciate it.
[01:43:37.800 --> 01:43:38.800]  Thank you.
[01:43:38.800 --> 01:43:39.800]  Okay, thank you.
[01:43:39.800 --> 01:43:40.800]  Okay.
[01:43:40.800 --> 01:43:41.800]  Thank you, Martha.
[01:43:41.800 --> 01:43:42.800]  All right.
[01:43:42.800 --> 01:43:45.800]  When we get back, we're going to go to Mike in Texas.
[01:43:45.800 --> 01:43:50.800]  Final segment coming into the homestretch here on Rule of Law Radio, our four-hour info marathon,
[01:43:50.800 --> 01:43:51.800]  ruleoflawradio.com.
[01:43:51.800 --> 01:43:54.800]  We'll be right back.
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[01:46:19.800 --> 01:46:21.800]  Okay folks, we are back.
[01:46:21.800 --> 01:46:24.800]  Final segment coming into the homestretch.
[01:46:24.800 --> 01:46:27.800]  All right, we're going now to Mike in Texas.
[01:46:27.800 --> 01:46:28.800]  Mike, thanks for calling in.
[01:46:28.800 --> 01:46:30.800]  What's on your mind tonight?
[01:46:30.800 --> 01:46:31.800]  Oh, thank you.
[01:46:31.800 --> 01:46:34.800]  Thank you very much for taking my call.
[01:46:34.800 --> 01:46:42.800]  Let's see, I've got trial next week, and I can't get the court to produce anything for me.
[01:46:42.800 --> 01:46:47.800]  Have you sent the tort letter to the court reporter yet?
[01:46:47.800 --> 01:46:48.800]  No, I haven't.
[01:46:48.800 --> 01:46:58.800]  The main reason is I'm scared to because I don't know what kind of can of worms it's going to open up.
[01:46:58.800 --> 01:47:06.800]  I've never been involved in a civil suit, and they may counter sue for their legal fees.
[01:47:06.800 --> 01:47:08.800]  So I haven't sued the court.
[01:47:08.800 --> 01:47:16.800]  I haven't sued the court reporter.
[01:47:16.800 --> 01:47:18.800]  I don't know.
[01:47:18.800 --> 01:47:20.800]  They won't produce any information.
[01:47:20.800 --> 01:47:26.800]  They won't produce court records or a court transcript.
[01:47:26.800 --> 01:47:29.800]  They won't produce really any evidence.
[01:47:29.800 --> 01:47:33.800]  They won't produce any validation of any evidence.
[01:47:33.800 --> 01:47:38.800]  I haven't given a probable cause hearing or evidence hearing.
[01:47:38.800 --> 01:47:42.800]  Probably I go on the whole list of stuff I haven't been given.
[01:47:42.800 --> 01:47:47.800]  They won't respond to any of my motions or petitions.
[01:47:47.800 --> 01:47:58.800]  And I was actually wondering what the liabilities might be if I just decided to walk out of court if they refuse to provide anything on Tuesday.
[01:47:58.800 --> 01:48:00.800]  Do not walk out of court.
[01:48:00.800 --> 01:48:07.800]  What you're doing here is laying the record for appeal.
[01:48:07.800 --> 01:48:11.800]  Always think about trial court as laying the record for appeal.
[01:48:11.800 --> 01:48:15.800]  That's what Dr. Graves says in Jurisdictionary.
[01:48:15.800 --> 01:48:21.800]  You're just touching all the legal issues so you can bring them into the appeals court.
[01:48:21.800 --> 01:48:22.800]  Okay.
[01:48:22.800 --> 01:48:24.800]  So don't walk out of the court.
[01:48:24.800 --> 01:48:26.800]  Find them all the way to the end.
[01:48:26.800 --> 01:48:30.800]  You walk out, they win by default.
[01:48:30.800 --> 01:48:40.800]  Well, they haven't issued a probable cause hearing, so would they even be allowed to issue a capious warrant or summons?
[01:48:40.800 --> 01:48:46.800]  Well, whether they technically, legally can do it or not is not going to make any difference.
[01:48:46.800 --> 01:48:50.800]  It should be clear they're going to do whatever they want to.
[01:48:50.800 --> 01:48:51.800]  Okay.
[01:48:51.800 --> 01:48:56.800]  And this is a classy misdemeanor, so there ain't a whole lot they can do.
[01:48:56.800 --> 01:49:03.800]  In the end, what I can assure you is the word is out.
[01:49:03.800 --> 01:49:08.800]  Don't you even bring this guy back into my court.
[01:49:08.800 --> 01:49:20.800]  But once they're done, it's once you have trial and they rule against you, which they clearly intend to do going in,
[01:49:20.800 --> 01:49:23.800]  then you can go after them and there's nothing they can do.
[01:49:23.800 --> 01:49:25.800]  Then you suit a probable outcome.
[01:49:25.800 --> 01:49:27.800]  Yeah, and likely you'll have to appeal.
[01:49:27.800 --> 01:49:32.800]  Now, Randy, they've already scheduled one hearing,
[01:49:32.800 --> 01:49:43.800]  and I guess they weren't able to get to him in time or something like that the first time, so the court continued the case of its own accord.
[01:49:43.800 --> 01:49:50.800]  If they can't get to him again a second time, can Mike file a motion to dismiss?
[01:49:50.800 --> 01:49:55.800]  Absolutely. Have a motion to dismiss prepared.
[01:49:55.800 --> 01:50:00.800]  And what would be the reason for that? What would be the technical reason he would cite in that?
[01:50:00.800 --> 01:50:05.800]  For a violation of due process. You have a right.
[01:50:05.800 --> 01:50:11.800]  They didn't politely ask you if this was a good day for you to show up in court.
[01:50:11.800 --> 01:50:16.800]  Well, actually, they haven't even announced to me that court will occur on Tuesday.
[01:50:16.800 --> 01:50:20.800]  Wait a minute. Have they not sent you an official summons yet?
[01:50:20.800 --> 01:50:21.800]  No.
[01:50:21.800 --> 01:50:25.800]  Well, then how do you know the case is going to be heard on Tuesday if you haven't been summoned yet?
[01:50:25.800 --> 01:50:34.800]  Just because I filed so many motions, and the following day after the last trial, they put up a new motion for hearing on November 9.
[01:50:34.800 --> 01:50:39.800]  Who put up a new motion for hearing on November 9? The prosecutor?
[01:50:39.800 --> 01:50:43.800]  The former judge, the judge at the last hearing.
[01:50:43.800 --> 01:50:46.800]  But you haven't been sent a summons yet?
[01:50:46.800 --> 01:50:49.800]  No. No, they haven't sent me a summons.
[01:50:49.800 --> 01:50:53.800]  No. In this case, you won't be summoned. They'll just send you a notice.
[01:50:53.800 --> 01:50:54.800]  Did they send you a notice?
[01:50:54.800 --> 01:50:58.800]  Numbly.
[01:50:58.800 --> 01:51:02.800]  No, they haven't given me a notice or summons. They haven't given me any paperwork.
[01:51:02.800 --> 01:51:08.800]  Then how would they expect you to know when the court date is?
[01:51:08.800 --> 01:51:15.800]  I don't know, but it is filed in my docket, and so maybe they assume that I would look at my docket.
[01:51:15.800 --> 01:51:18.800]  That's not good enough.
[01:51:18.800 --> 01:51:23.800]  I'm sure that it isn't good enough legally, but that's sort of where I'm at.
[01:51:23.800 --> 01:51:33.800]  Yeah, but that's just one of the many things you get to throw at them when you come back and sue them.
[01:51:33.800 --> 01:51:43.800]  They know they've created a mess here, and they've got somebody that wouldn't be pushed around and walk away and run and hide.
[01:51:43.800 --> 01:51:46.800]  Have you had anybody else threatening you?
[01:51:46.800 --> 01:51:53.800]  Well, not threatening me, but I was approached again Monday.
[01:51:53.800 --> 01:52:00.800]  Some people came up and did a sociological study, but they only studied me, and then they hightailed it out of the coffee shop again.
[01:52:00.800 --> 01:52:03.800]  Did you record them this time?
[01:52:03.800 --> 01:52:13.800]  No, it was too quick. I just sat down. I didn't have my webcam set up. I didn't expect it to go that quick.
[01:52:13.800 --> 01:52:17.800]  The only interesting thing, well, this is positive and negative.
[01:52:17.800 --> 01:52:26.800]  The positive was my bark grieved the judge because I was actually not a judge. I was a magistrate.
[01:52:26.800 --> 01:52:28.800]  I was functioning as a magistrate.
[01:52:28.800 --> 01:52:38.800]  When she called my name, she announced to the courtroom that she would not reissue my motion for discovery for audio-video evidence.
[01:52:38.800 --> 01:52:43.800]  When I walked up, she said, I'm not going to reissue that. I'm not here to talk about it.
[01:52:43.800 --> 01:52:49.800]  I just wanted to know if my old motions could get pulled into the new cause number.
[01:52:49.800 --> 01:53:00.800]  She never answered that and ejected me from the court under force of arms just because I announced that I intended to refile all my motions.
[01:53:00.800 --> 01:53:05.800]  So I bark grieved her and hadn't gotten around to judicial complaining her yet.
[01:53:05.800 --> 01:53:13.800]  I get a notice from the judicial committee or just judicial commission that they want more information.
[01:53:13.800 --> 01:53:20.800]  So somehow I guess the state bar forwarded that information to the judicial commission, which I thought was interesting.
[01:53:20.800 --> 01:53:26.800]  But that's on the positive. The negative side is now being audited.
[01:53:26.800 --> 01:53:27.800]  Being audited?
[01:53:27.800 --> 01:53:29.800]  Yeah.
[01:53:29.800 --> 01:53:30.800]  Who's been audited?
[01:53:30.800 --> 01:53:32.800]  I've never been audited before.
[01:53:32.800 --> 01:53:33.800]  Who's auditing you?
[01:53:33.800 --> 01:53:34.800]  IRS.
[01:53:34.800 --> 01:53:39.800]  Oh. Unlikely that has anything to do with it.
[01:53:39.800 --> 01:53:42.800]  Yeah, I'm not really sure. I don't think so.
[01:53:42.800 --> 01:53:51.800]  It's very unlikely that a municipal court is going to move the IRS to get involved in one of their messes.
[01:53:51.800 --> 01:53:53.800]  The state's a different matter.
[01:53:53.800 --> 01:53:55.800]  Yeah, I think it's a different matter, too.
[01:53:55.800 --> 01:54:00.800]  Those just kind of coincidentally came on the same day.
[01:54:00.800 --> 01:54:09.800]  But other than that, no. I was at the state law library today and I was reading through Westlaw motion,
[01:54:09.800 --> 01:54:13.800]  the official motions that you can apply.
[01:54:13.800 --> 01:54:17.800]  And I had some interesting things on municipal courts.
[01:54:17.800 --> 01:54:25.800]  They're claiming that municipal court actions are valid, that they are law, as long as they don't deviate from state law.
[01:54:25.800 --> 01:54:31.800]  And it takes an extraordinary burden to establish that these ordinances are invalid
[01:54:31.800 --> 01:54:42.800]  or any other conclusive or controversial or issueable fact to be denied that they are actually law.
[01:54:42.800 --> 01:54:45.800]  That's what they're claiming. And they cite several cases.
[01:54:45.800 --> 01:54:48.800]  But I don't know if that's...
[01:54:48.800 --> 01:54:54.800]  Do they need any information for a criminal action for plastic misdemeanor?
[01:54:54.800 --> 01:54:58.800]  Yes, they do. 2.05 Code of Criminal Procedure.
[01:54:58.800 --> 01:55:02.800]  They haven't provided that yet.
[01:55:02.800 --> 01:55:07.800]  Well, of course not. A city attorney can't sign one. Only a county or district attorney can.
[01:55:07.800 --> 01:55:10.800]  Yep. I remember that from last week.
[01:55:10.800 --> 01:55:13.800]  That'll be something I'm definitely going to bring up.
[01:55:13.800 --> 01:55:20.800]  Well, I don't know. I guess I'm just trying to get last-minute tips before I go in there.
[01:55:20.800 --> 01:55:27.800]  Have you filed a motion for continuance yet on this hearing due to the fact that the court reporter has stated
[01:55:27.800 --> 01:55:30.800]  she's not going to get you the transcripts in time?
[01:55:30.800 --> 01:55:32.800]  Yes.
[01:55:32.800 --> 01:55:34.800]  And have they ruled on that?
[01:55:34.800 --> 01:55:37.800]  No, they haven't ruled on it.
[01:55:37.800 --> 01:55:43.800]  Typically, you know, what I heard from the judges I bar-grieved was that they are just unilaterally...
[01:55:43.800 --> 01:55:49.800]  the judges are unilaterally ruling against me, but they're not notifying me that they're ruling against me.
[01:55:49.800 --> 01:55:55.800]  So they're not waiting for a prosecutor to object. They're just ruling that my motion turned valid.
[01:55:55.800 --> 01:56:02.800]  Yeah, the courts are moving to their own volition.
[01:56:02.800 --> 01:56:09.800]  Well, as far as that tort letter issue, it's not really going to cause you any harm or can of worms
[01:56:09.800 --> 01:56:12.800]  to send a tort letter to the court reporter.
[01:56:12.800 --> 01:56:17.800]  I mean, you don't have to file the lawsuit. You can send the tort letter and decide later.
[01:56:17.800 --> 01:56:22.800]  It's just that you cannot file the lawsuit until after you've sent the tort letter.
[01:56:22.800 --> 01:56:28.800]  Okay. So I get to send a tort letter to the city manager, the mayor, and also...
[01:56:28.800 --> 01:56:36.800]  Well, I'm more concerned about the court reporter who you have said that she has said in email,
[01:56:36.800 --> 01:56:44.800]  basically in writing, that she is not... she refuses to give you the transcripts in time for the hearing.
[01:56:44.800 --> 01:56:50.800]  Yeah. Every time she has said it, even if I pay, she refuses to provide in time for trial.
[01:56:50.800 --> 01:56:57.800]  Okay. Another issue you might want to bring up in court before the court starts.
[01:56:57.800 --> 01:57:02.800]  You might ask for another court reporter because apparently this court reporter is handicapped.
[01:57:02.800 --> 01:57:04.800]  Absolutely.
[01:57:04.800 --> 01:57:09.800]  She has a handicap which involves selective hearing loss.
[01:57:09.800 --> 01:57:14.800]  Should he file a motion to that effect before the trial or ask for that?
[01:57:14.800 --> 01:57:18.800]  That would be a good idea. I would file a motion asking for a different court reporter.
[01:57:18.800 --> 01:57:21.800]  How many days do you have before your trial?
[01:57:21.800 --> 01:57:23.800]  It's this coming Tuesday.
[01:57:23.800 --> 01:57:25.800]  Is that enough time, Randy?
[01:57:25.800 --> 01:57:28.800]  Yeah, you can do that at the day of trial.
[01:57:28.800 --> 01:57:34.800]  Okay. The only prayer that I have is that I have some witnesses and that they show up,
[01:57:34.800 --> 01:57:39.800]  they'll be able to vouch for what the court reporter won't provide,
[01:57:39.800 --> 01:57:43.800]  but that would be asking a lot for them to want to go on the witness stand.
[01:57:43.800 --> 01:57:48.800]  Okay. This is going to be Tuesday at the municipal court in Austin?
[01:57:48.800 --> 01:57:49.800]  That's correct.
[01:57:49.800 --> 01:57:50.800]  What time?
[01:57:50.800 --> 01:57:54.800]  8.30 in the morning, but there's no guarantee that it's going to be there.
[01:57:54.800 --> 01:57:59.800]  Good, good. Let's see if we can get as many people to come down there as we can.
[01:57:59.800 --> 01:58:04.800]  If anybody's out there wants to watch a show, come on down, let's fill the courtroom.
[01:58:04.800 --> 01:58:07.800]  One thing they don't like is a full courtroom.
[01:58:07.800 --> 01:58:08.800]  Right.
[01:58:08.800 --> 01:58:09.800]  I'm willing to be there.
[01:58:09.800 --> 01:58:11.800]  Oh, thank you, thank you.
[01:58:11.800 --> 01:58:17.800]  All right. Tuesday morning, 8.30. Everybody come out and support Mike.
[01:58:17.800 --> 01:58:19.800]  It'll be a push.
[01:58:19.800 --> 01:58:24.800]  And this all has to do with TSA, folks. So this is a big issue.
[01:58:24.800 --> 01:58:28.800]  This all started because of madness with TSA and the Austin Municipal Airport.
[01:58:28.800 --> 01:58:32.800]  And TSA shouldn't even be there because it's a municipal airport.
[01:58:32.800 --> 01:58:35.800]  The feds have no authority, period.
[01:58:35.800 --> 01:58:40.800]  TSA is not a law enforcement entity and they shouldn't even be there to begin with.
[01:58:40.800 --> 01:58:43.800]  All right, folks, we'll be back on Monday night.
[01:58:43.800 --> 01:58:46.800]  This is the rule of law, ruleoflawradio.com.
[01:58:46.800 --> 01:58:50.800]  Everyone have a very blessed and safe weekend.
[01:58:50.800 --> 01:58:58.800]  If you are a bully, a bully, I bet you treat me good.
[01:58:58.800 --> 01:59:02.800]  I'm like a stepping graze, I don't know what's my size.
[01:59:02.800 --> 01:59:06.800]  I'm dangerous, dangerous.
[01:59:06.800 --> 01:59:10.800]  I'm like a stepping graze, I don't know what's my size.
[01:59:10.800 --> 01:59:13.800]  I'm dangerous, dangerous.
[01:59:13.800 --> 01:59:20.800]  If you are a chucky, somebody chucky bump me.
[01:59:20.800 --> 01:59:28.800]  If you are a chucky, chucky, somebody chucky bump me.
[01:59:28.800 --> 01:59:32.800]  I'm like a stepping graze, I don't know what's my size.
[01:59:32.800 --> 01:59:36.800]  I'm dangerous, I'm dangerous.
[01:59:36.800 --> 01:59:40.800]  I'm like a stepping graze, I don't know what's my size.
[01:59:40.800 --> 01:59:43.800]  I'm dangerous, dangerous.
[01:59:43.800 --> 01:59:46.800]  I'm like a stepping graze, I don't know what's my size.
[01:59:46.800 --> 01:59:50.800]  If you are a chucky, somebody chucky bump me.
[01:59:50.800 --> 01:59:54.800]  If you are a chucky, chucky, somebody chucky bump me.
[01:59:54.800 --> 02:00:10.800]  If you are a chucky, somebody chucky bump me.