ROL_2011-02-11_16k_Hr3-4.timecode

[00:00.000 --> 00:04.320]  This news brief brought to you by the International News Net.
[00:04.320 --> 00:11.120]  Dick Cheney and Donald Rumsfeld were booed and heckled Thursday at the Conservative Political Action Conference.
[00:11.120 --> 00:17.200]  The former Defense Secretary was there to receive the conference's Defender of the Constitution Award
[00:17.200 --> 00:20.800]  when Cheney made a surprise appearance to honor Rumsfeld.
[00:20.800 --> 00:37.040]  An Egyptian biographer and US professor claimed the Mubarak family is worth 40 to 70 billion dollars,
[00:37.040 --> 00:43.760]  easily outgrossing Mexican telecom tycoon Carlos Slim, officially the world's richest person,
[00:43.760 --> 00:49.440]  worth 53 billion. The Mubarak family wealth was built largely from military contracts
[00:49.440 --> 00:51.680]  during his days as an Air Force officer.
[00:51.680 --> 00:59.440]  Residents of Kentucky affected by toxic coal mining waste, retired miners and poet Wendell Berry
[00:59.440 --> 01:04.160]  launched a sit-in Friday in the office of Kentucky Governor Steve Beshear.
[01:04.160 --> 01:08.800]  The activists said they would stay put until Beshear stopped mountaintop removal
[01:08.800 --> 01:11.120]  or until they are physically removed.
[01:11.120 --> 01:16.240]  Studies show mountaintop removal ravages the environment and contaminates drinking water.
[01:16.240 --> 01:20.880]  Algeria's pro-democracy alliance is expected to defy a ban on demonstrations
[01:20.880 --> 01:26.640]  as euphoria from democratic victories in Egypt and Tunisia spills over into the oil-rich,
[01:26.640 --> 01:33.280]  military-dominated state. A hastily formed group of civil associations, independent trade unionists
[01:33.280 --> 01:37.920]  and small political parties has called for a national day of protest Saturday,
[01:37.920 --> 01:44.400]  calling for an end to 12 years of authoritarian rule by Abdelaziz Bouteflika and his generals.
[01:44.400 --> 01:50.640]  Half of Algeria's population is under 25 and the youth unemployment rate is over 35 percent.
[01:50.640 --> 01:55.600]  Widespread strikes are underway, including some staged by academics and paramedics.
[01:57.600 --> 02:03.040]  Demonstrators took to the streets Friday across southern Yemen, demanding succession from the
[02:03.040 --> 02:09.040]  north. The security forces quickly stamped out protests. The protests came after a lull in
[02:09.040 --> 02:15.360]  anti-government rallies in Yemen over the past two weeks, inspired by revolts in Tunisia and Egypt.
[02:15.360 --> 02:21.360]  Yemen experts say the real danger to the three-decade rule of President Ali Abdullah Saleh
[02:21.360 --> 02:27.680]  is if Yemen's political opposition joins southern separatists and the Shiite insurgents Saleh has
[02:27.680 --> 02:33.840]  made a shaky truce with in the north. Saleh, a key U.S. ally, indicated last week he would leave
[02:33.840 --> 02:39.920]  office when his term ends in 2013. He also cut taxes and raised government salaries.
[02:39.920 --> 02:45.120]  These confessions could tempt his political opposition into joining him in a unity government,
[02:45.120 --> 03:04.800]  but separatists in the south, where most of Yemen's oil installations are located, may not be satisfied.
[03:04.800 --> 03:18.720]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com,
[03:18.720 --> 03:35.200]  live free speech talk radio at its best.
[03:49.280 --> 03:57.200]  Just like the state, I accepted for value right away. Not sooner, not later.
[03:58.560 --> 04:04.160]  We are originators and the pathway seems to get straighter every day.
[04:05.840 --> 04:11.200]  And I could take anything that belongs to me and put it to good use.
[04:11.200 --> 04:24.160]  All right, folks, we are back. This is Rule of Law Radio.
[04:25.360 --> 04:32.960]  Okay, we are taking your calls. 512-646-1984 is the call-in number. We have two hours left in
[04:32.960 --> 04:37.600]  the show, so if you have any issues, questions, or things of that nature that you need some help
[04:37.600 --> 04:43.040]  or just to talk about, give us a call. Right now, we are going to go back to our callers
[04:43.040 --> 04:48.960]  and we are going to take, I do believe, Marshall in Oregon. Marshall, how can we help you?
[04:49.600 --> 04:57.120]  Hi, evening. The Fair Debt Collection Practice Act, does that only apply to so-called debt
[04:57.120 --> 05:09.680]  collectors or our original creditors need to use that as well? Well, anybody using it for the
[05:09.680 --> 05:15.840]  purpose of collecting a debt other than law firms in certain states where there are exceptions to
[05:15.840 --> 05:21.600]  those procedures for the law firm. And then again, it depends on whose behalf the law firm is acting
[05:21.600 --> 05:29.520]  as to whether or not that applies. Okay, if it is the original debtor, creditor,
[05:30.960 --> 05:38.080]  the Fair Debt Collections Protection Act doesn't apply to him. It applies to a third-party debt
[05:38.080 --> 05:43.040]  collector. Well, that's why I'm asking here, and maybe this is their little slip-up, telling us
[05:43.040 --> 05:53.520]  that they really aren't the holder in due course. On our notice of default, our notice of sale,
[05:53.520 --> 06:00.960]  the very last paragraph in their letter is the attempt to collect the debt message required by
[06:00.960 --> 06:05.760]  the Fair Debt Collection Practice Act. And this is by the so-called trustee of the beneficiary.
[06:05.760 --> 06:17.200]  Well, let's see, this is an argument that we're making, is that the person who is actually
[06:18.400 --> 06:28.000]  performing the foreclosure actions is not necessarily the agent of the holder of the
[06:28.000 --> 06:37.600]  note. I just pulled down a brief from California where they raised the issue that the notice of
[06:37.600 --> 06:48.320]  foreclosure was insufficient in that under California statute, the notice of foreclosure
[06:48.320 --> 06:58.960]  had to prove that the person filing the notice was the holder or the agent for the holder of the note.
[07:00.480 --> 07:08.160]  And as the notice of foreclosure failed to so prove it was insufficient as a matter of law.
[07:09.120 --> 07:11.600]  Is California non-judicial like Oregon?
[07:11.600 --> 07:22.320]  It's non-judicial. So you might look at Oregon state law and see if it has a similar provision.
[07:23.920 --> 07:27.280]  Was that a case or that was a statute in the state?
[07:27.280 --> 07:35.360]  That was a claim in a pleading and he referred to the statute. The statute was 29,
[07:35.360 --> 07:43.120]  I don't remember, 53 something. Okay, but it's probably due to foreclosure
[07:43.120 --> 07:48.640]  statutes of some sort then. Yes, I would have to go back and dig
[07:48.640 --> 07:56.320]  out exactly what the statute was. But his argument was is that the notice of foreclosure
[07:56.320 --> 08:04.960]  didn't prove upstanding. And what we're claiming is, is this guy who claims to be
[08:06.080 --> 08:12.000]  the agent for the holder of the note may or may not be agent for the holder because they've sold
[08:12.000 --> 08:17.200]  these notes and nobody really knows who the true holder is.
[08:17.920 --> 08:23.760]  Right. In this case, it seems to be they've been real good at hiding the fact among the usual stuff.
[08:23.760 --> 08:30.800]  Of course, there's nothing in the county from the original note signing to now and so on.
[08:30.800 --> 08:36.720]  But I thought maybe this was the little hidden tip off that they put this in there thinking
[08:36.720 --> 08:43.200]  they were covering themselves by being a third party debt collector. And theoretically,
[08:43.200 --> 08:47.520]  they're saying also that they're actually the beneficiary. So why would they have that in there
[08:47.520 --> 08:53.920]  if they're actually the note holder? Well, I'm sure they really know that they
[08:54.160 --> 08:58.160]  don't hold the security instrument and they don't know who does.
[09:00.160 --> 09:06.400]  I believe we have attorneys that are just looking at these cases that are going into foreclosure
[09:06.400 --> 09:12.640]  and picking them up and prosecute them. In Colorado, there's two primary law firms
[09:12.640 --> 09:18.560]  and they just divvy up the foreclosures between them. Those guys are debt collectors.
[09:18.560 --> 09:24.160]  Well, I went through a whole lot of different notices in the area with a lot of different firms
[09:25.040 --> 09:31.520]  and most of them aren't using the or mentioning the Fair Debt Collection Practice Act
[09:31.520 --> 09:36.480]  and the statement about the attempt to collect the debt. But there's one or two law firms
[09:36.480 --> 09:44.080]  that consistently always use it. Most don't. Well, there's questions. We had one say
[09:44.080 --> 09:49.440]  that they weren't sure if they were a debt collector or not. But just in case,
[09:50.160 --> 09:56.320]  we're trying to collect the debt. So I had to appreciate those guys. But it's up in the air.
[09:56.960 --> 10:04.400]  If they can't show that they are in fact the agent for the holder, then they're a debt collector.
[10:04.400 --> 10:08.480]  So that's what we're saying. Either prove it up or you're a debt collector.
[10:08.480 --> 10:10.960]  You need to raise a little bit of doubt there because themselves are kind of
[10:12.400 --> 10:15.840]  crossing the line a little bit from being the holder to a debt collector
[10:15.840 --> 10:17.600]  when they put this statement in there with me.
[10:19.200 --> 10:22.960]  So this is one of the arguments I'm working up for the lawsuit,
[10:24.240 --> 10:29.600]  claiming that this person is actually a debt collector, that he has no contract with the
[10:29.600 --> 10:37.440]  principal on the note. So he is not an agent for the principal, but is merely a debt collector.
[10:38.400 --> 10:46.320]  And then we leave it to the firm, whoever's doing the foreclosure, to prove up their agency.
[10:47.840 --> 10:52.240]  And before they can prove up agency, they got to prove up who is actually the holder.
[10:53.680 --> 10:55.840]  And here's the problem with that.
[10:55.840 --> 11:01.760]  And here's the problem with that. Their notice is very clean. Not all of theirs are in the sense
[11:01.760 --> 11:10.880]  that there's one, the grantor, and then there's only one, the bank. And it's the original bank
[11:10.880 --> 11:16.160]  from the original loan signing, in this case, 2007. There's no other successors or
[11:16.160 --> 11:20.240]  FERS or any other parties listed to make it look potentially like a problem with FISHI.
[11:20.240 --> 11:22.960]  They're really good about these. They're always very good looking.
[11:22.960 --> 11:24.320]  Where is this bank out of?
[11:24.320 --> 11:28.000]  This is Benefits of Oregon, a subsidiary of HSBC.
[11:28.960 --> 11:33.200]  As far as I know, there's only one bank in the country that did not securitize notes,
[11:33.200 --> 11:38.080]  and it's in northern Minnesota. If it's not in northern Minnesota,
[11:38.080 --> 11:40.720]  you can pretty well bet they securitized that note.
[11:40.720 --> 11:44.720]  Yeah, and HSBC's own docs filed with the NTC.
[11:44.720 --> 11:50.880]  If these guys are claiming that this HFC is the principal,
[11:50.880 --> 11:56.480]  when, in fact, they have securitized the note, that's fraud.
[11:57.840 --> 12:04.400]  Right, but it seems like, how do you prove that? It's up to them somehow to be able to compel them.
[12:04.400 --> 12:09.920]  You don't have to. They're the ones taking, being proactive.
[12:10.800 --> 12:14.720]  Right, but we're the ones that filed the suit because it's a non-judicial state.
[12:14.720 --> 12:20.320]  So, you go after, you know, they have to prove that they have authority to do what they're doing.
[12:21.040 --> 12:27.040]  If they can't, they're no different than me coming and filing a notice of foreclosure against you.
[12:27.840 --> 12:28.320]  True.
[12:29.920 --> 12:35.200]  And if I did it, you're not going to come to me and challenge my subject matter jurisdiction.
[12:36.640 --> 12:38.560]  You're going to want me thrown in jail.
[12:39.200 --> 12:44.320]  Right, I've seen a lot of cases in non-principal states where they've done that.
[12:44.320 --> 12:49.280]  Or, I mean, in judicial states where people, where the banks have filed against the homeowners
[12:49.280 --> 12:51.760]  and they've got them tossed out because of a standing issue.
[12:51.760 --> 12:55.440]  But it seems this might be a little harder for us, but maybe it's not going to be.
[12:55.440 --> 13:03.280]  Okay, there is a case going to the Supreme now where an attorney has brought this very issue
[13:04.080 --> 13:12.080]  that in non-judicial foreclosure states deny the borrower due process
[13:12.080 --> 13:14.960]  because we are denied this due process of law.
[13:14.960 --> 13:19.040]  The only time we get to the courts is in an unlawful detainer here
[13:19.040 --> 13:21.200]  and the courts don't want to hear anything.
[13:21.200 --> 13:29.120]  So, we're forced to sue to protect ourselves because they're able to move
[13:29.120 --> 13:32.160]  in essentially a confessed judgment.
[13:33.680 --> 13:38.400]  And in most states, confessed judgments are illegal, but not in this particular arena.
[13:38.400 --> 13:43.840]  So, that's always my suggestion, sue them.
[13:43.840 --> 13:50.640]  Sue them and claim that they are not the agent for the holder, that there's some interloper,
[13:50.640 --> 13:54.720]  it has nothing to do with anything, and they're just trying to steal your property.
[13:54.720 --> 13:57.520]  They've got to prove it up.
[13:57.520 --> 14:01.520]  The other one's just trying to take the action, so they need to prove it up.
[14:01.520 --> 14:05.520]  So, you think in this case, the federal judge, that's going to be...
[14:05.520 --> 14:12.320]  Okay, are you in a mortgage, okay, are you in foreclosure or approaching?
[14:13.920 --> 14:15.120]  Technically, it's already happened.
[14:15.120 --> 14:18.800]  It's been set aside temporarily where there's an injunction in place.
[14:18.800 --> 14:19.440]  Good, okay.
[14:20.240 --> 14:26.160]  The reason I ask is have you, sue them either in the state or in the Fed,
[14:27.520 --> 14:33.680]  ask for a loan modification, and then prepare a request for restraining order.
[14:33.680 --> 14:35.760]  And this is what you tell the court.
[14:35.760 --> 14:38.480]  You tell the court that you've asked them for a loan modification.
[14:39.520 --> 14:45.360]  But since they're trying to pursue foreclosure, and they've committed all this fraud against you,
[14:45.360 --> 14:48.080]  you don't have time to wait, so you had to sue.
[14:49.920 --> 14:53.680]  And tell them, tell the court that you're trying to do a loan modification,
[14:53.680 --> 14:59.440]  and if you are able to negotiate a modification, this lawsuit will go away,
[14:59.440 --> 15:01.280]  and you won't have to adjudicate it.
[15:01.280 --> 15:06.080]  But it's been the practice of the banks not to negotiate in good faith,
[15:06.080 --> 15:13.040]  but instead use the loan modification process as a method of pushing the person
[15:13.040 --> 15:14.880]  into certain foreclosure.
[15:16.560 --> 15:22.880]  So ask the court for a restraining order, to restrain the lender from foreclosure
[15:23.920 --> 15:27.280]  until you've completed the loan modification negotiations,
[15:27.280 --> 15:32.080]  or until the completion of the adjudication of this case.
[15:32.800 --> 15:37.760]  You give the judge a personal reason to grant your restraining order.
[15:39.760 --> 15:40.960]  Good chance you get it.
[15:42.320 --> 15:47.120]  And then go to the loan modification, say, okay, you offered me that, this is what I want.
[15:47.120 --> 15:48.560]  I want quiet title.
[15:49.440 --> 15:53.600]  I want you to clean up my credit, go away, don't ever bother me again,
[15:53.600 --> 15:54.720]  and I'll drop this lawsuit.
[15:54.720 --> 15:57.200]  That's your modification plan.
[15:57.840 --> 16:04.320]  They're not going to like it, but if you got your restraining order, they're screwed.
[16:05.200 --> 16:08.640]  We get to take their dirty tricks and you turn it back on them.
[16:09.600 --> 16:11.520]  Okay, do you have any more questions or comments?
[16:11.520 --> 16:12.640]  We're coming up on a break.
[16:12.640 --> 16:14.080]  That's good for now.
[16:14.080 --> 16:14.800]  Thank you, Randy.
[16:15.760 --> 16:17.840]  Okay, thank you very much, Marshall.
[16:19.200 --> 16:22.640]  When we come back from the break, we'll return to you in a minute.
[16:22.640 --> 16:26.080]  When we come back from the break, we'll take Hondo from Texas.
[16:27.280 --> 16:30.080]  This is Randy Kelton, Deborah Stevens, Eddie Craig,
[16:30.080 --> 16:36.880]  we love La Radio, we're taking your calls, 512-646-1984.
[16:36.880 --> 16:39.280]  We've got Walt, Chris, Mark, and Jay.
[16:40.240 --> 16:42.720]  We'll pick you guys up when we get back on the other side
[16:42.720 --> 16:45.280]  and we hope you got some really hard questions.
[16:45.920 --> 16:49.120]  We got Ken on and we want to stump him good.
[16:49.120 --> 16:51.920]  Okay, we'll be right back.
[17:49.120 --> 17:53.040]  And say you heard about us on Rule of Law Radio or 90.1 FM.
[17:53.040 --> 17:58.400]  That's Capital Coin and Bullion 512-646-6440.
[18:00.160 --> 18:04.720]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[18:05.280 --> 18:08.960]  Stop debt collectors now with the Michael Mears proven method.
[18:08.960 --> 18:12.800]  Michael Mears has won six cases in federal court against debt collectors
[18:12.800 --> 18:14.560]  and now you can win too.
[18:14.560 --> 18:17.360]  You'll get step-by-step instructions in plain English
[18:17.360 --> 18:20.720]  on how to win in court using federal civil rights statutes.
[18:20.720 --> 18:24.400]  What to do when contacted by phone, mail, or court summons.
[18:24.400 --> 18:26.400]  How to answer letters and phone calls.
[18:26.400 --> 18:29.040]  How to get debt collectors out of your credit reports.
[18:29.040 --> 18:33.680]  How to turn the financial tables on them and make them pay you to go away.
[18:33.680 --> 18:38.560]  The Michael Mears proven method is the solution for how to stop debt collectors.
[18:38.560 --> 18:40.960]  Personal consultation is available as well.
[18:40.960 --> 18:44.400]  For more information, please visit ruleoflawradio.com
[18:44.400 --> 18:46.560]  and click on the blue Michael Mears banner
[18:46.560 --> 18:49.360]  or email michaelmears at yahoo.com.
[18:49.360 --> 18:57.200]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[18:57.200 --> 18:59.600]  to learn how to stop debt collectors now.
[19:01.920 --> 19:03.360]  Well, don't let nothing get to you.
[19:04.400 --> 19:06.080]  Only the father can give it to you.
[19:06.960 --> 19:08.880]  Don't let bad-minded people hurt you.
[19:10.000 --> 19:11.760]  And tell Satan, get behind.
[19:11.760 --> 19:19.120]  Norman, my friend, and all that jack shit, get the fuck up.
[19:41.920 --> 19:44.800]  He is my king, man, he is everything.
[19:44.800 --> 19:47.680]  He is everything to me, that's why I call him.
[19:47.680 --> 19:50.640]  I touch my knee and I pray to him.
[19:50.640 --> 19:52.960]  Because he is the only one who could answer him.
[19:53.680 --> 19:55.920]  Being a business, what my king man say him.
[19:56.720 --> 19:58.720]  Mankind, you know, is just leading.
[19:58.720 --> 20:01.120]  I tell him to trust him, but I'm the king.
[20:02.400 --> 20:04.240]  Tell him your problem is dead.
[20:05.280 --> 20:07.200]  And his name once again.
[20:07.200 --> 20:08.560]  All right, folks, we are back.
[20:08.560 --> 20:10.080]  This is the Rule of Law Radio.
[20:10.080 --> 20:12.080]  We are taking your phone calls.
[20:12.080 --> 20:16.400]  512-646-1984 is the call-in number.
[20:16.400 --> 20:20.160]  If you've got any questions, issues, arguments, comments,
[20:20.160 --> 20:21.200]  please give us a call.
[20:22.160 --> 20:24.480]  Randy, do you want to pick back up with where you were, please?
[20:26.400 --> 20:29.200]  We were going to Hondo in Texas.
[20:32.400 --> 20:33.280]  Hondo, you there?
[20:34.240 --> 20:34.800]  Yes, sir.
[20:36.400 --> 20:38.240]  What do you got for us tonight?
[20:38.240 --> 20:45.040]  Well, kind of going back to what we were talking about
[20:45.040 --> 20:49.840]  in the first act with time and place of appearance,
[20:51.360 --> 20:54.320]  kind of thing with the promise to appear.
[20:57.200 --> 20:59.200]  Y'all were talking about the promise to appear
[20:59.200 --> 21:01.360]  not being a valid summons, et cetera.
[21:01.360 --> 21:09.760]  Well, I kind of see it as I don't have a problem
[21:10.720 --> 21:11.840]  promising to appear.
[21:14.320 --> 21:16.400]  The issue with me, first and foremost,
[21:16.400 --> 21:18.560]  is going to be when I promise to appear,
[21:19.680 --> 21:21.440]  you better do what you're supposed to do.
[21:23.440 --> 21:27.280]  Which we all know, you know, 15.17g.
[21:27.280 --> 21:30.000]  When I appear in compliance with the citation,
[21:30.000 --> 21:34.800]  and issue that is under 14.06,
[21:34.800 --> 21:37.280]  which basically just says it's a misdemeanor
[21:37.280 --> 21:39.840]  other than public intoxication,
[21:41.600 --> 21:46.160]  then the magistrate shall do all of the things listed
[21:46.160 --> 21:49.840]  under Chapter 15 of the Code of Criminal Procedure.
[21:50.880 --> 21:56.560]  And I was arrested the other day for,
[21:56.560 --> 21:59.680]  I don't know exactly what, the warrant,
[21:59.680 --> 22:01.200]  they never would show it to me.
[22:02.400 --> 22:07.280]  The officer let me glance at it at the station, at the jail,
[22:07.280 --> 22:10.880]  and it didn't say that I failed to appear.
[22:10.880 --> 22:12.880]  And that's because I didn't fail to appear.
[22:12.880 --> 22:17.920]  I actually appeared twice trying to see the magistrate.
[22:17.920 --> 22:21.280]  The magistrate was not located within the municipality,
[22:22.560 --> 22:24.880]  like it says in 543.06.
[22:24.880 --> 22:28.640]  Of the transportation code,
[22:30.160 --> 22:33.280]  it says the time where the officer sets the time
[22:33.280 --> 22:34.160]  and place of appearance,
[22:34.160 --> 22:36.160]  he has to be with before magistrate
[22:36.160 --> 22:38.080]  that is in the municipality
[22:38.080 --> 22:41.040]  where the offense was alleged to be alleged.
[22:41.040 --> 22:46.960]  Well, or that would have jurisdiction to hear the case.
[22:46.960 --> 22:48.560]  And the magistrate that has jurisdiction.
[22:48.560 --> 22:50.640]  You have to be taken to the nearest magistrate
[22:50.640 --> 22:52.240]  having jurisdiction of the offense.
[22:52.240 --> 22:54.640]  Right. And any, yeah.
[22:54.640 --> 22:57.680]  Any, well, actually any magistrate
[22:57.680 --> 23:02.080]  would have jurisdiction to hear the complaint
[23:02.800 --> 23:07.040]  that no magistrate would have jurisdiction to try the case.
[23:08.320 --> 23:10.880]  Any magistrate may hear any complaint, felony,
[23:10.880 --> 23:12.560]  or misdemeanor, state or federal.
[23:14.080 --> 23:16.640]  But he won't have, no magistrate has jurisdiction
[23:16.640 --> 23:17.280]  to try the case.
[23:17.280 --> 23:19.360]  So any magistrate would be acceptable.
[23:19.360 --> 23:21.360]  Right. Right.
[23:21.360 --> 23:24.720]  But the statute specifically directs them to the nearest
[23:25.360 --> 23:26.960]  is all I'm pointing out.
[23:26.960 --> 23:29.120]  Well, that was going to be my question.
[23:29.120 --> 23:33.520]  Does it have a statement in that particular statute
[23:33.520 --> 23:36.320]  that references a jurisdiction?
[23:37.440 --> 23:41.120]  Yes. Having jurisdiction of the offense,
[23:41.120 --> 23:43.920]  the inference there being to try it to fruition.
[23:45.360 --> 23:46.720]  Right. Right.
[23:46.720 --> 23:49.360]  The case law is very clear on that.
[23:49.360 --> 23:52.640]  It has to be before one that has jurisdiction
[23:52.640 --> 23:54.960]  to hear the offense from beginning to end.
[23:54.960 --> 23:56.560]  Okay. See, that's a problem.
[23:56.560 --> 24:00.400]  They're confusing jurisdictions.
[24:00.400 --> 24:01.760]  Jurisdiction of the offense
[24:01.760 --> 24:04.800]  who is in the municipality or county
[24:04.800 --> 24:06.320]  which the offense is alleged to be,
[24:07.200 --> 24:08.880]  is alleged to have some confusion.
[24:08.880 --> 24:09.760]  Here's the problem.
[24:09.760 --> 24:15.280]  Magistrates don't have jurisdictions to try cases.
[24:16.000 --> 24:20.240]  However, any magistrate would have jurisdiction
[24:20.240 --> 24:23.840]  to hear the offense anywhere in the state of Texas.
[24:25.840 --> 24:28.640]  Well, it says having jurisdiction of the offense.
[24:30.080 --> 24:31.040]  Doesn't say anything about the offense.
[24:31.040 --> 24:31.840]  Well, no. Okay.
[24:31.840 --> 24:36.240]  See, we can't interpret that as the magistrate
[24:36.240 --> 24:38.240]  being able to try the offense.
[24:38.240 --> 24:42.000]  Because he can't. He can only do two things.
[24:43.440 --> 24:45.360]  Hold an examining trial, set bail.
[24:45.360 --> 24:45.760]  That's it.
[24:45.760 --> 24:49.280]  He has no judicial authority beyond that.
[24:50.800 --> 24:53.200]  So it looks like they're mixing up
[24:53.200 --> 24:56.160]  the trial court and the magistrate.
[24:58.720 --> 25:00.960]  You're ordered to appear before a magistrate,
[25:00.960 --> 25:02.400]  not before a court.
[25:04.160 --> 25:06.560]  And since it says having jurisdiction
[25:06.560 --> 25:09.200]  over the offense, they're sending you to the court
[25:09.200 --> 25:10.960]  instead of the magistrate.
[25:12.960 --> 25:14.160]  Does that make sense?
[25:14.160 --> 25:14.960]  Yes, sir.
[25:14.960 --> 25:19.200]  Well, it does, but that still leaves an open-ended argument
[25:19.200 --> 25:23.680]  over to how you would apply the jurisdiction.
[25:23.680 --> 25:26.080]  If they were going to assume that it applies
[25:26.080 --> 25:28.480]  to any magistrate within the state,
[25:28.480 --> 25:32.320]  then the legislature is being repetitive
[25:32.320 --> 25:36.160]  or unnecessarily overseeing the case.
[25:36.160 --> 25:38.480]  Overstated in saying to a magistrate
[25:38.480 --> 25:41.280]  having jurisdiction, because of your argument,
[25:41.280 --> 25:42.320]  any of them would have.
[25:42.960 --> 25:44.880]  Well, not if you were in Gainesville.
[25:46.720 --> 25:49.520]  If you can go before any magistrate in the state,
[25:49.520 --> 25:52.000]  then that would be true.
[25:52.000 --> 25:53.920]  There are magistrates just across the river,
[25:53.920 --> 25:55.600]  and the one just across the river
[25:55.600 --> 25:58.240]  may be closer than the magistrate in Texas.
[25:58.240 --> 26:01.280]  And the statute says it has to be one that has jurisdiction.
[26:01.280 --> 26:04.240]  So you can't take him across the river in Oklahoma
[26:04.240 --> 26:06.080]  to the nearest magistrate.
[26:06.080 --> 26:07.760]  You have to take him to the nearest magistrate
[26:07.760 --> 26:08.800]  to actually hear it.
[26:09.440 --> 26:12.000]  That's right, but you couldn't take him to Oklahoma
[26:12.000 --> 26:13.760]  because it's a Texas offense,
[26:13.760 --> 26:16.000]  so they wouldn't have had jurisdiction anyway.
[26:16.960 --> 26:17.200]  That's...
[26:21.520 --> 26:26.480]  Absolutely every magistrate has jurisdiction.
[26:26.480 --> 26:29.200]  That's Attorney General's opinion H 500.
[26:29.200 --> 26:30.880]  Brief that out completely.
[26:30.880 --> 26:32.400]  Mr. Kelton, you know what you can do
[26:32.400 --> 26:34.320]  with those Attorney General opinions.
[26:34.320 --> 26:36.960]  Yes, that's what Judge Shipman told me.
[26:36.960 --> 26:38.560]  He could use them for toilet paper.
[26:38.560 --> 26:40.720]  And I told him, I hope you don't find
[26:40.720 --> 26:45.120]  the underlying stare decisis quite as versatile.
[26:45.120 --> 26:48.000]  All right, then produce the stare decisis is my point.
[26:48.800 --> 26:51.520]  Well, I could produce H 500.
[26:51.520 --> 26:53.280]  But what I'm saying here is,
[26:53.280 --> 26:55.040]  is they've used this wording
[26:56.720 --> 26:59.360]  to give them an excuse to send you to a judge
[26:59.360 --> 27:00.640]  instead of a magistrate.
[27:00.640 --> 27:03.440]  The judges wear two hats.
[27:04.400 --> 27:05.680]  They've got a magistrate's hat
[27:05.680 --> 27:06.960]  and they've got a judge's hat
[27:06.960 --> 27:08.640]  and they're different hats.
[27:08.640 --> 27:10.080]  They're different jurisdictions.
[27:11.120 --> 27:13.040]  When he's got his magistrate's hat on,
[27:13.040 --> 27:14.000]  he's not a judge.
[27:15.520 --> 27:17.200]  And when he's got his judge's hat on,
[27:17.200 --> 27:18.800]  he's not a magistrate.
[27:18.800 --> 27:22.640]  And this is the wording is mixing the two up.
[27:22.640 --> 27:25.280]  So they tell you to appear before a magistrate,
[27:25.280 --> 27:26.480]  but when you get down there,
[27:27.200 --> 27:29.200]  they appear, you appear before someone
[27:29.200 --> 27:31.760]  who has jurisdiction to try the offense.
[27:31.760 --> 27:33.680]  And that's not a magistrate.
[27:33.680 --> 27:34.480]  That's a judge.
[27:35.360 --> 27:37.760]  And now that's what's cost us this,
[27:38.640 --> 27:40.560]  created this crapola
[27:41.840 --> 27:43.120]  where a policeman can charge you
[27:43.120 --> 27:44.560]  with anything he wants to.
[27:46.000 --> 27:48.960]  And you don't get your proper hearing
[27:48.960 --> 27:50.080]  before a magistrate.
[27:54.400 --> 27:57.120]  I'm mad as hell and I'm not going to take it anymore.
[27:57.120 --> 27:59.600]  Okay, we kind of played it on you Hondo.
[28:01.680 --> 28:03.920]  One thing you do need to know is 1516.
[28:05.760 --> 28:08.960]  15.16 Code of Criminal Procedure says
[28:09.600 --> 28:13.280]  that the magistrate who issued the warrant
[28:14.000 --> 28:16.000]  must make the warrant available
[28:16.000 --> 28:19.200]  for public inspection immediately after execution.
[28:19.760 --> 28:22.000]  So whoever issued that warrant,
[28:22.000 --> 28:27.200]  you go to that magistrate and demand to see it.
[28:27.200 --> 28:30.160]  And if they give you any crapola, dial 911.
[28:31.760 --> 28:33.200]  Perfect, I will do that
[28:33.200 --> 28:35.760]  because I need to see that warrant.
[28:35.760 --> 28:40.240]  And I really, I guess you can have
[28:40.240 --> 28:42.320]  what's called a frank's hearing to challenge
[28:42.320 --> 28:44.960]  the veracity of the warrant
[28:44.960 --> 28:48.320]  because I know for a fact that the warrant
[28:48.320 --> 28:52.640]  was absolutely frivolous because
[28:53.280 --> 28:55.920]  this is what they do in Granbury and Hood County.
[28:55.920 --> 28:59.520]  They arrest people, I don't know,
[28:59.520 --> 29:02.240]  probably 10 people a day on warrants
[29:02.240 --> 29:04.000]  for failure to appear.
[29:04.960 --> 29:07.680]  And some people, they may have failed to appear,
[29:07.680 --> 29:10.880]  but in my case, I didn't, I appeared twice.
[29:11.760 --> 29:13.600]  All mine was was a failure,
[29:13.600 --> 29:15.760]  maybe a failure to enter a plea
[29:15.760 --> 29:18.320]  or maybe a failure to pay my ticket.
[29:18.320 --> 29:20.240]  That's the only thing I didn't do
[29:20.240 --> 29:21.520]  was I did not enter a plea
[29:21.520 --> 29:22.960]  and I didn't pay my ticket.
[29:22.960 --> 29:24.240]  It's the only things I didn't do.
[29:25.840 --> 29:27.680]  Then prepare criminal charges
[29:27.680 --> 29:30.960]  against the magistrate who issued the warrant.
[29:33.520 --> 29:37.520]  And take them down to the district attorney in Cleburne.
[29:39.920 --> 29:41.840]  I'll address that when I come back.
[29:41.840 --> 29:43.600]  We've had dealings with those folks.
[29:43.600 --> 29:44.880]  You're gonna like this.
[29:44.880 --> 29:46.240]  This is Randy Kelton,
[29:46.240 --> 29:48.960]  Denver Stevens, Eddie Craig, Rule of Law Radio.
[29:49.600 --> 29:52.720]  It's our Friday night info marathon.
[29:53.440 --> 29:55.360]  We've still got another hour and a half.
[29:55.360 --> 29:56.320]  We'll be right back.
[29:58.800 --> 30:01.120]  The Rule of Law Radio Network is proud to present
[30:01.120 --> 30:02.720]  a due process of law seminar
[30:02.720 --> 30:04.720]  hosted by our own Eddie Craig.
[30:04.720 --> 30:07.280]  Eddie is a former Nacogdoches County Sheriff's Deputy
[30:07.280 --> 30:08.640]  and for the past 21 years,
[30:08.640 --> 30:10.400]  he has studied the due process of law
[30:10.400 --> 30:12.720]  and now offers his knowledge to you at law.
[30:12.720 --> 30:15.760]  Seminar every Saturday from three o'clock to six o'clock
[30:15.760 --> 30:16.800]  at Brave New Books,
[30:16.800 --> 30:20.240]  located at 1904 Guadalupe Street in Austin, Texas.
[30:20.240 --> 30:21.680]  Admission is $20.
[30:21.680 --> 30:23.920]  So please make plans to come and sit with Eddie
[30:23.920 --> 30:27.600]  and learn for yourself what the true intent of law really is.
[30:29.440 --> 30:32.800]  The Bill of Rights guarantees Americans specific freedoms,
[30:32.800 --> 30:34.160]  but if you don't know what they are,
[30:34.160 --> 30:36.800]  they can be taken away and you never even know.
[30:36.800 --> 30:38.000]  I'm Dr. Catherine Albrecht
[30:38.000 --> 30:39.600]  and I'll be right back with the facts
[30:39.600 --> 30:42.800]  to protect us all from tyranny.
[30:42.800 --> 30:44.960]  Your search engine is watching you,
[30:44.960 --> 30:46.720]  recording all your searches
[30:46.720 --> 30:50.240]  and creating a massive database of your personal information.
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[31:09.680 --> 31:13.280]  Startpage.com, the world's most private search engine.
[31:13.280 --> 31:15.920]  Our founding fathers wanted to make sure Americans
[31:15.920 --> 31:18.760]  would never be oppressed by a despotic government.
[31:18.760 --> 31:21.120]  So they carefully crafted our constitution
[31:21.120 --> 31:24.560]  then added 10 amendments that guarantee us specific rights.
[31:24.560 --> 31:27.480]  Those first 10 amendments are known as the Bill of Rights.
[31:27.480 --> 31:28.680]  Do you know what those rights are
[31:28.680 --> 31:30.280]  and what they mean for us?
[31:30.280 --> 31:32.440]  A recent study by Vanderbilt University
[31:32.440 --> 31:34.280]  found that most of us don't.
[31:34.280 --> 31:37.400]  They found most Americans can't even name the five freedoms
[31:37.400 --> 31:39.440]  guaranteed by the first amendment.
[31:39.440 --> 31:41.160]  Well, we're gonna change that.
[31:41.160 --> 31:43.600]  Every week I'll be sharing some unforgettable ways
[31:43.600 --> 31:46.000]  to remember your constitutional rights.
[31:46.000 --> 31:47.440]  Our freedom depends on it.
[31:47.440 --> 31:49.240]  So stay tuned.
[31:49.240 --> 31:50.440]  I'm Dr. Catherine Albrecht.
[31:50.440 --> 31:53.560]  More news and information at CatherineAlbrecht.com.
[31:53.560 --> 32:05.200]  I'm Dr. Catherine Albrecht and I'll see you next time.
[32:05.200 --> 32:33.760]  Yeah, I won't, I won't, I won't let you pull the wool over my head.
[32:33.760 --> 32:46.200]  Don't let me refuse your news, also doesn't lie.
[32:46.200 --> 32:54.080]  It seems you like the face, but please take some words to the wise.
[32:54.080 --> 33:20.840]  At least I've tried to pull the wool over my eyes.
[33:20.840 --> 33:37.360]  Okay, we're back, Randy Kelton, Debra Stevens, Eddie Greig with La Radio.
[33:37.360 --> 33:41.160]  We're talking to Hondo from Texas.
[33:41.160 --> 33:50.680]  And apparently this, you were arrested over a traffic issue when you appeared
[33:50.680 --> 33:56.720]  and didn't you, you, I take it you appeared and asked to see a magistrate?
[33:56.720 --> 34:01.920]  Right, I appeared, well, I used to walk in and tell my appearing in compliance
[34:01.920 --> 34:04.600]  with my promise when I signed this citation.
[34:04.600 --> 34:11.400]  And I read the name off of the ticket and asked to see the magistrate
[34:11.400 --> 34:12.560]  and give them the name.
[34:12.560 --> 34:18.360]  And of course, I've not been able to see one before ever.
[34:18.360 --> 34:22.280]  He's either gone, not there, this or that or whatever.
[34:22.280 --> 34:28.280]  And after that, I pretty much just say thank you and walk out and come back again,
[34:28.280 --> 34:31.080]  ask again, but this time I have a motion.
[34:31.080 --> 34:35.080]  I just go ahead and ask again for just because and then try to file my motion.
[34:35.080 --> 34:38.160]  Well, whenever I didn't, went down the second time in Granbury,
[34:38.160 --> 34:42.480]  and actually Granbury is in a different judicial district
[34:42.480 --> 34:44.600]  than Cleveland, Johnson County.
[34:44.600 --> 34:45.680]  Yeah, that's right, that's right.
[34:45.680 --> 34:48.200]  They're in different districts.
[34:48.200 --> 34:53.640]  But anyway, I went down to the support in Granbury, tried to file my motion.
[34:53.640 --> 34:55.360]  The lady wouldn't.
[34:55.360 --> 35:00.000]  And I had all three clerks, the head clerk and two deputy clerks over there.
[35:00.000 --> 35:05.840]  And the head clerk said, you cannot file anything until you enter a plea.
[35:05.840 --> 35:09.760]  And I said, well, you know, that's not correct.
[35:09.760 --> 35:12.040]  But thank you very much.
[35:12.040 --> 35:16.280]  And she said, I'll have the prosecuting attorney call you.
[35:16.280 --> 35:19.960]  And I said, well, if that's necessary, but if she wants to go ahead.
[35:19.960 --> 35:23.440]  And anyway, she actually did call me.
[35:23.440 --> 35:25.880]  And she asked if she could help me.
[35:25.880 --> 35:27.480]  And I said, well, no, probably not.
[35:27.480 --> 35:28.880]  I just had an issue with the court.
[35:28.880 --> 35:32.000]  They won't let me file a motion down there.
[35:32.000 --> 35:35.760]  And she said, well, you have to enter a plea first.
[35:35.760 --> 35:38.960]  And I was an attorney and she said yes.
[35:38.960 --> 35:41.360]  And I said, have you read the Code of Criminal Procedure?
[35:41.360 --> 35:42.400]  And she said yes.
[35:42.400 --> 35:45.320]  And I said, did you understand it?
[35:45.320 --> 35:46.760]  Have you read it recently?
[35:46.760 --> 35:47.840]  And she said yes.
[35:47.840 --> 35:49.080]  And I said, OK.
[35:49.080 --> 35:52.240]  Well, I need to file a motion and they won't let me.
[35:52.240 --> 35:54.720]  So I'm just going to have to take further action.
[35:54.720 --> 35:55.920]  And she says, OK.
[35:55.920 --> 35:57.440]  And hung up the phone.
[35:57.440 --> 35:59.480]  And so.
[35:59.480 --> 36:03.720]  Further action should start with a bar grievance against her.
[36:03.720 --> 36:07.760]  That's what I was going to talk to her about.
[36:07.760 --> 36:10.320]  For what?
[36:10.320 --> 36:12.600]  Can I chime in to Kim?
[36:12.600 --> 36:13.280]  Sure, Kim.
[36:13.280 --> 36:14.360]  Hello?
[36:14.360 --> 36:15.120]  We're calling.
[36:15.120 --> 36:17.360]  Yeah, go ahead.
[36:17.360 --> 36:18.080]  Apparently not.
[36:21.120 --> 36:21.600]  Hello?
[36:21.600 --> 36:24.400]  Go ahead, Kim.
[36:24.400 --> 36:26.160]  Hello?
[36:26.160 --> 36:27.200]  Are you hearing us?
[36:27.200 --> 36:28.480]  Go ahead, Kim.
[36:28.480 --> 36:30.960]  I can't hear anybody.
[36:30.960 --> 36:33.920]  Oh, OK.
[36:33.920 --> 36:34.400]  Let's see.
[36:34.400 --> 36:35.200]  I don't see why.
[36:35.200 --> 36:38.400]  He must have a phone issue.
[36:38.400 --> 36:41.160]  OK, let me fix it.
[36:41.160 --> 36:42.040]  Ah, he heard that.
[36:44.920 --> 36:46.760]  OK, you up, Ken?
[36:46.760 --> 36:48.280]  I'm here.
[36:48.280 --> 36:50.880]  OK, you had a comment?
[36:50.880 --> 36:54.880]  Yeah, one of the things that this situation reminds me of
[36:54.880 --> 36:58.400]  before we get too deep into what's happened since, this is
[36:58.400 --> 37:00.920]  one of the reasons why I suggest that when you start
[37:00.920 --> 37:03.800]  a process with any kind of court that gives you any kind
[37:03.800 --> 37:07.640]  of problem in filing documents, you always mail them.
[37:07.640 --> 37:10.760]  Mail them with certified mail so you can prove that you sent
[37:10.760 --> 37:13.400]  them, that they received them, and then whatever they're
[37:13.400 --> 37:16.360]  going to say, it's not a he said, she said argument over
[37:16.360 --> 37:18.160]  what was said at the clerk's window.
[37:18.160 --> 37:21.960]  It's what's in the letter and the issue of that you filed
[37:21.960 --> 37:25.400]  the documents, you filed them by a specific date, and that
[37:25.400 --> 37:28.560]  you did in fact attempt to file them in person.
[37:28.560 --> 37:31.320]  Now that establishes, especially if it's an affidavit
[37:31.320 --> 37:33.800]  saying you attempted to file them in person and that they
[37:33.800 --> 37:35.200]  refused them.
[37:35.200 --> 37:38.280]  This is one of those examples where filing things in person
[37:38.280 --> 37:41.600]  is not the best way to go when you know you're dealing with a
[37:41.600 --> 37:45.560]  clerk and court system that's repugnant to the idea of
[37:45.560 --> 37:47.480]  actually following the rules.
[37:47.480 --> 37:49.680]  So that's just a pleading practice thing out there.
[37:52.120 --> 37:54.720]  That's what I've decided.
[37:54.720 --> 37:55.840]  And then that's what I told them.
[37:55.840 --> 37:58.080]  I said, well, I'll just mail them in and y'all can do with
[37:58.080 --> 37:59.320]  them what you want to do.
[37:59.320 --> 38:01.360]  And it'll be certified mail.
[38:01.360 --> 38:06.440]  And I said, I'll get them and they're considered filed.
[38:06.440 --> 38:10.200]  And whatever you know.
[38:10.200 --> 38:16.960]  A suggestion on your failure to appear arrest, send in a
[38:16.960 --> 38:20.120]  request for a show cause hearing.
[38:20.120 --> 38:21.840]  For a show cause.
[38:21.840 --> 38:27.160]  With an attached affidavit, verified affidavit, stating
[38:27.160 --> 38:29.880]  that you were at the court on this day at this time, you
[38:29.880 --> 38:31.600]  talked to these people.
[38:31.600 --> 38:36.560]  And you subsequently, subsequently you're coming to
[38:36.560 --> 38:39.400]  the court, the clerk of the court had the prosecuting
[38:39.400 --> 38:43.680]  attorney call you and he spoke to the prosecuting attorney.
[38:43.680 --> 38:46.240]  And that can be confirmed with the prosecutor because she
[38:46.240 --> 38:47.560]  probably doesn't do this often.
[38:47.560 --> 38:50.400]  She'll remember it.
[38:50.400 --> 38:53.600]  Especially if you're a bar griever.
[38:53.600 --> 38:55.760]  And she certainly will remember it.
[38:55.760 --> 38:58.240]  And I agree with Ken 100%.
[38:58.240 --> 39:00.480]  This is what I've been saying to people.
[39:00.480 --> 39:04.480]  Don't go to court, go down there if you can avoid it.
[39:04.480 --> 39:06.720]  Do everything by the mail.
[39:06.720 --> 39:09.360]  Cause then they wind up with somebody sharp shooting them
[39:09.360 --> 39:13.640]  from the mail and they don't have somebody they can talk
[39:13.640 --> 39:16.920]  to, reason with or argue with.
[39:16.920 --> 39:19.640]  They just got somebody sharp shooting them out of the clear
[39:19.640 --> 39:22.360]  blue sky and it makes them nuts.
[39:22.360 --> 39:22.960]  Yeah.
[39:22.960 --> 39:27.120]  I don't like watching it because it's going to act.
[39:27.120 --> 39:29.160]  I'm not here to argue.
[39:29.160 --> 39:31.440]  I don't want to argue.
[39:31.440 --> 39:34.560]  Yeah, it's much better if you do it by the mail.
[39:34.560 --> 39:37.280]  That would drive them nuts.
[39:37.280 --> 39:37.600]  Okay.
[39:37.600 --> 39:38.680]  We really need to move along.
[39:38.680 --> 39:40.400]  The callers are really stacking up.
[39:40.400 --> 39:42.960]  Do you have any more, anything else you want to address with
[39:42.960 --> 39:44.360]  us, Hondo?
[39:44.360 --> 39:46.960]  That's all I just about people wouldn't let me file
[39:46.960 --> 39:49.320]  motions and she called me.
[39:49.320 --> 39:54.200]  So, but I'll be filing criminal complaints against lots of
[39:54.200 --> 39:54.880]  people around here.
[39:54.880 --> 39:56.600]  Appreciate those.
[39:56.600 --> 39:56.960]  Good.
[39:56.960 --> 40:00.880]  And go down to whatever magistrate issued the warrant
[40:00.880 --> 40:03.280]  and ask to see the warrant.
[40:03.280 --> 40:06.360]  I generally call first and this is what I do.
[40:06.360 --> 40:10.400]  I say there's a warrant issued for my arrest by this
[40:10.400 --> 40:12.480]  magistrate.
[40:12.480 --> 40:18.680]  The arrest was executed on this date.
[40:18.680 --> 40:24.320]  I want to examine the warrant before the magistrate in
[40:24.320 --> 40:27.640]  accordance with 15.16 Code of Criminal Procedure.
[40:27.640 --> 40:31.800]  Where can I go to see that warrant?
[40:31.800 --> 40:36.240]  And when you do it that way, you tend to get their attention.
[40:36.240 --> 40:39.880]  They don't do the song and dance.
[40:39.880 --> 40:42.840]  I did this to Travis County recently and I was really
[40:42.840 --> 40:43.320]  pleased.
[40:43.320 --> 40:46.560]  They got their act together and told me precisely where I
[40:46.560 --> 40:48.640]  could go see the warrant.
[40:48.640 --> 40:51.120]  I went down there and it was right where I said it was.
[40:51.120 --> 40:56.320]  So when you ask them to do something, if you ask them to
[40:56.320 --> 41:01.440]  do it in the terms of the law, use the statute that says you
[41:01.440 --> 41:05.240]  did it and you get very little argument that way.
[41:05.240 --> 41:07.480]  OK, we really need to move along.
[41:07.480 --> 41:09.400]  Thank you, Hondo.
[41:09.400 --> 41:16.200]  OK, now we're going to go to Walt in New York.
[41:16.200 --> 41:18.200]  Hello, Randy.
[41:18.200 --> 41:20.920]  Yes, what's up, Walt?
[41:20.920 --> 41:23.640]  I just want to ask you a question.
[41:23.640 --> 41:28.280]  Randy, I hear you every now and then speaking about going
[41:28.280 --> 41:33.240]  to the grand jury via starting out with either the district
[41:33.240 --> 41:34.760]  attorney or the US attorney.
[41:34.760 --> 41:36.880]  I just have a couple questions I want to ask you about their
[41:36.880 --> 41:40.560]  process, and that's this.
[41:40.560 --> 41:46.320]  If you want to file a criminal complaint against someone using
[41:46.320 --> 41:51.440]  that Title 18 Section 242 as a basis, and you go to the US
[41:51.440 --> 41:56.920]  attorney, well, I did back up a little bit.
[41:56.920 --> 41:59.240]  I tested the US attorney here in Rochester, New York.
[41:59.240 --> 42:01.160]  I just asked them some questions about
[42:01.160 --> 42:03.280]  processing a complaint.
[42:03.280 --> 42:05.920]  And they said they would send it over to the FBI.
[42:05.920 --> 42:11.800]  Now, my question to you is, is there a special form you have
[42:11.800 --> 42:13.280]  to fill out, or can you just send a written
[42:13.280 --> 42:15.080]  complaint certified?
[42:15.080 --> 42:18.120]  And what happens also if the FBI doesn't do nothing about
[42:18.120 --> 42:19.480]  it, I know the process you say.
[42:19.480 --> 42:22.280]  You go to the district judge and so on up
[42:22.280 --> 42:23.640]  with a grand jury.
[42:23.640 --> 42:26.720]  You don't care about the FBI.
[42:26.720 --> 42:31.800]  The FBI is a political arm of the president.
[42:31.800 --> 42:35.200]  They're his personal jackboots.
[42:35.200 --> 42:37.200]  They are a political organization.
[42:37.200 --> 42:38.680]  They could care less about you.
[42:38.680 --> 42:40.520]  They could care less about law.
[42:40.520 --> 42:43.920]  They especially don't care if public officials violate law.
[42:43.920 --> 42:46.400]  They could care less.
[42:46.400 --> 42:48.600]  So they're aware of it.
[42:48.600 --> 42:51.440]  What happens if the US attorney does that, though, sends my
[42:51.440 --> 42:53.720]  complaint over to them?
[42:53.720 --> 42:56.320]  You don't care.
[42:56.320 --> 42:59.720]  What you care about is whether or not he gives your complaint
[42:59.720 --> 43:02.960]  to the grand jury.
[43:02.960 --> 43:07.360]  He sends it where he wants to, as long as he brings a copy to
[43:07.360 --> 43:08.920]  the grand jury.
[43:08.920 --> 43:10.000]  OK.
[43:10.000 --> 43:13.200]  Another question, Randy, is this.
[43:13.200 --> 43:15.920]  I told you about a case I had when I first met you folks back
[43:15.920 --> 43:18.840]  maybe two months ago with the Bank of America and Safeco
[43:18.840 --> 43:20.320]  Insurance Company.
[43:20.320 --> 43:21.120]  That's one case.
[43:21.120 --> 43:23.960]  It's still where I may want to use the US attorney with the
[43:23.960 --> 43:27.720]  judge that wouldn't protect me.
[43:27.720 --> 43:30.400]  But it's branched off into another matter.
[43:30.400 --> 43:34.240]  So there may be another issue I need.
[43:34.240 --> 43:36.280]  And can you overuse the grand jury?
[43:36.280 --> 43:39.440]  I may have three cases where I need to use them.
[43:39.440 --> 43:40.400]  Not that I know of.
[43:40.400 --> 43:42.000]  You just get to know them better.
[43:42.000 --> 43:43.280]  OK, we're about to go to break.
[43:43.280 --> 43:44.520]  Hang on.
[43:44.520 --> 43:47.200]  This is Randy Kelton, Deborah Stevens, Eddie Craig,
[43:47.200 --> 43:49.840]  Rule of Law Radio.
[43:49.840 --> 43:53.560]  We've got another hour and 15 minutes of our
[43:53.560 --> 43:55.880]  four-hour marathon.
[43:55.880 --> 43:57.800]  We'll be right back on the other side.
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[46:08.200 --> 46:25.320]  Wow, wow, wow, yeah, always, I must be careful what I'm
[46:25.320 --> 46:26.320]  wishing for.
[46:26.320 --> 46:34.280]  When I'm hungry, I like to know just what I'm fishing for.
[46:34.280 --> 46:45.280]  I'm just here makin' my livin' pushin' buttons I give my message out to anyone who's shoutin'
[46:45.280 --> 46:50.280]  Alright folks, we are back. This is Rule of Law Radio. We are currently taking your calls
[46:50.280 --> 46:57.280]  and right now we are up to Walt in New York. Randy, do you want to go ahead and see what
[46:57.280 --> 47:02.280]  we can do for Walt? Oh yes, Randy, just two quick questions.
[47:02.280 --> 47:06.280]  That form, is there a special form you have to use with the U.S. Attorney and I got one
[47:06.280 --> 47:12.280]  more quick question after that. Yes, there is a form. There is a criminal
[47:12.280 --> 47:20.280]  complaint form. And when you write a criminal complaint, you write it in the verbiage of
[47:20.280 --> 47:24.280]  the statute that you're accusing them of violating.
[47:24.280 --> 47:33.280]  For instance, 18 U.S. Code 242, you can state that you have reason to believe and do believe
[47:33.280 --> 47:39.280]  based on the following, that so and so public official violated a law relating to his office
[47:39.280 --> 47:49.280]  specifically, and you state what law. And in the process, denied, complain it in his
[47:49.280 --> 47:58.280]  constitutional right. The full and free access to or enjoyment of a right, that's the language
[47:58.280 --> 48:05.280]  of the law. And therefore, that's kind of how they want you to write it.
[48:05.280 --> 48:10.280]  So it's in the language of the statute you're accusing them of violating.
[48:10.280 --> 48:17.280]  And then you attach a statement of probable cause, stating the facts clearly and succinctly
[48:17.280 --> 48:22.280]  and have them both verified and mailed them to the prosecution attorney.
[48:22.280 --> 48:26.280]  Okay. Where can you get one of these forms?
[48:26.280 --> 48:35.280]  You can pretty well make it up. It's not very difficult. I have one on jurisimprudence.com
[48:35.280 --> 48:41.280]  in there somewhere. I don't remember where it's at. I made up some complaints for some
[48:41.280 --> 48:48.280]  folks. You might find them. If you look in blanks, you might find a federal criminal form.
[48:48.280 --> 48:50.280]  What do you call that place, blanks?
[48:50.280 --> 49:00.280]  Jurisimprudence.com. And you go to documents and research, top frog on the right, and in
[49:00.280 --> 49:02.280]  blanks.
[49:02.280 --> 49:05.280]  Can you get it from the U.S. Attorney's Office?
[49:05.280 --> 49:08.280]  No, they won't give you squat.
[49:08.280 --> 49:09.280]  Okay.
[49:09.280 --> 49:17.280]  You might just go online and do a search for federal criminal complaint.
[49:17.280 --> 49:18.280]  Okay.
[49:18.280 --> 49:22.280]  And you likely to get a hit on one or two that's been filed against somebody, and you
[49:22.280 --> 49:25.280]  just look at the structure of the form. It's pretty easy to put together.
[49:25.280 --> 49:31.280]  Okay. Last quick question, Randy. Because there's so much corruption in the courts,
[49:31.280 --> 49:37.280]  government agencies, aren't the grand juries also have the possibility of being tainted
[49:37.280 --> 49:41.280]  also because of the way things are going in this country?
[49:41.280 --> 49:51.280]  Sure, they do. We don't care. Because they only have the possibility of being tainted.
[49:51.280 --> 49:58.280]  The problem with the grand jury, according to Scalia, is once the grand jury is
[49:58.280 --> 50:06.280]  consecrated, it is essentially a fourth branch of government. Grand juries are on
[50:06.280 --> 50:11.280]  their own. Now, we're not so concerned about actually getting before the grand
[50:11.280 --> 50:20.280]  jury. It is even more powerful to make grand jury noises, and that's why we start
[50:20.280 --> 50:25.280]  out with a complaint to the U.S. Attorney when he refuses to act. We go to a
[50:25.280 --> 50:32.280]  district judge. In this case, you'll go to a federal judge, and he'll refuse to
[50:32.280 --> 50:39.280]  act. Then you go to the grand jury with complaints against both those guys.
[50:39.280 --> 50:45.280]  And the U.S. Attorney likes to say that you can't go to the grand jury yourself.
[50:45.280 --> 50:50.280]  You have to go through me. And then you get to raise the argument that I tried
[50:50.280 --> 50:55.280]  that, and he committed this crime, and I'm accusing him of it. So I'm accusing him
[50:55.280 --> 51:02.280]  of a crime. How can I give the complaint to the one I'm accusing? So I just give
[51:02.280 --> 51:04.280]  it to the grand jury.
[51:04.280 --> 51:07.280]  Thank you very much, gentlemen. Have a nice weekend.
[51:07.280 --> 51:13.280]  Okay. You are welcome. Okay. We're going to go to Chris from Florida. Chris,
[51:13.280 --> 51:16.280]  what's on your mind tonight?
[51:16.280 --> 51:18.280]  How are you doing?
[51:18.280 --> 51:20.280]  Doing good.
[51:20.280 --> 51:21.280]  I'm sorry.
[51:21.280 --> 51:23.280]  Do you have a question or comment?
[51:23.280 --> 51:28.280]  Oh, yes, yes. All right. Good. Randy, it's a pleasure talking to you. You've
[51:28.280 --> 51:32.280]  educated me quite a bit here in the past two months. I discovered you guys just
[51:32.280 --> 51:36.280]  about the beginning of the year and delved all the way into your guys' archives
[51:36.280 --> 51:41.280]  and got a lot of respect for the work you guys were doing. And I was asking your
[51:41.280 --> 51:45.280]  opinion since I was sifting through the sands of information on the Internet,
[51:45.280 --> 51:49.280]  you know, trying to find a few nuggets of gold. You never quite know who you can
[51:49.280 --> 51:54.280]  depend on, who's got it figured out and who doesn't. But I was wondering if you
[51:54.280 --> 51:58.280]  could give some information or give a little bit of talk about the Republic,
[51:58.280 --> 52:02.280]  the Restore America plan.
[52:02.280 --> 52:04.280]  Wait a minute.
[52:04.280 --> 52:07.280]  I know they're utilizing the grand jury, correct?
[52:07.280 --> 52:09.280]  Yes.
[52:09.280 --> 52:15.280]  And you're a wiser man than I am on the subject, and I was hoping you could just
[52:15.280 --> 52:19.280]  talk on the subject.
[52:19.280 --> 52:25.280]  You want my opinion about the Republic? Go back to what Benjamin Franklin said
[52:25.280 --> 52:34.280]  when a woman asked him if they had given us what they had given us, and he said,
[52:34.280 --> 52:40.280]  we've given you a Republic if you can keep it. We have a Republic, and it's up
[52:40.280 --> 52:49.280]  to us to keep it. And I think the Republic is fine. I think we have corrupt
[52:49.280 --> 52:58.280]  individuals in positions of political power. But I would challenge you to find
[52:58.280 --> 53:05.280]  a point in the history of the United States where that was not the case.
[53:05.280 --> 53:07.280]  All right.
[53:07.280 --> 53:13.280]  This is not something new. The complaints we're making, our fathers made,
[53:13.280 --> 53:19.280]  our grandfathers made, and their grandfathers made, it's the same thing.
[53:19.280 --> 53:25.280]  It's always here. There's always this push and pull between the good guys and
[53:25.280 --> 53:31.280]  the bad guys and the right and the wrong. And the Republic is always going to test
[53:31.280 --> 53:39.280]  us and ask us how bad do you want this Republic? So my question to you is,
[53:39.280 --> 53:43.280]  how bad do you want this Republic? What are you willing to do?
[53:43.280 --> 53:46.280]  I want it bad enough that I want to know the first step I need to take as an
[53:46.280 --> 53:50.280]  active citizen. Defiling the Declaration.
[53:50.280 --> 53:52.280]  Be sovereign.
[53:52.280 --> 53:53.280]  Be sovereign.
[53:53.280 --> 53:58.280]  Don't talk about sovereign. I had somebody the other day ask me how I
[53:58.280 --> 54:03.280]  expressed my sovereignty, and I was confused by the question.
[54:03.280 --> 54:13.280]  Express my sovereignty? Why just am? I'm the boss. I'm the CEO.
[54:13.280 --> 54:19.280]  When I go to a government building, everybody works for me. Well,
[54:19.280 --> 54:26.280]  indirectly. Actually, the heads of all of the agencies work directly for me.
[54:26.280 --> 54:32.280]  Everybody else works for them. And I'm not the least bit shy about
[54:32.280 --> 54:35.280]  contacting the head of an agency and crawling down his throat,
[54:35.280 --> 54:38.280]  stomping my feet all the way because I'm the sovereign.
[54:38.280 --> 54:43.280]  And when I encounter one of my public officials who fails to abide by one of
[54:43.280 --> 54:49.280]  my laws, why, you know, I go into a courthouse with two hats.
[54:49.280 --> 54:55.280]  I go in with my Lipton's hat until one of my public officials steps across
[54:55.280 --> 54:59.280]  one of my legal lines. I take off my Lipton's hat. I put on my sovereign's
[54:59.280 --> 55:03.280]  hat, and I want some answers.
[55:03.280 --> 55:08.280]  I go to the people I put in place to arrest bad guys, and I ask them to
[55:08.280 --> 55:11.280]  arrest them.
[55:11.280 --> 55:16.280]  That's what we do. That's what sovereigns do.
[55:16.280 --> 55:23.280]  This is how we retain this republic. We have all the tools in place.
[55:23.280 --> 55:29.280]  The bad guys are just better at using them for the most part than we are.
[55:29.280 --> 55:32.280]  We've gotten lax. We've gotten lazy.
[55:32.280 --> 55:33.280]  Agreed.
[55:33.280 --> 55:41.280]  And we need to get up off our cans and do something that frightens us.
[55:41.280 --> 55:47.280]  Do something that presses us up against the limits of what we perceive to be
[55:47.280 --> 55:54.280]  our capabilities. You will find if you press the edge of the envelope that the
[55:54.280 --> 56:02.280]  edge of the envelope keeps moving further away from you.
[56:02.280 --> 56:03.280]  This can.
[56:03.280 --> 56:04.280]  Can I say something?
[56:04.280 --> 56:06.280]  Yeah, absolutely.
[56:06.280 --> 56:11.280]  Okay. I don't know if you guys actually hear me when I say anything, but he's
[56:11.280 --> 56:17.280]  speaking very metaphorically, and I think the biggest thing that I could say is
[56:17.280 --> 56:22.280]  since I've participated in this process for a long time is get involved.
[56:22.280 --> 56:25.280]  Part of that's going to be you're going to have to get educated as to what the
[56:25.280 --> 56:27.280]  real law is. Read the statutes.
[56:27.280 --> 56:31.280]  Lawyers will make you think that law is unintelligible.
[56:31.280 --> 56:33.280]  That's what they make.
[56:33.280 --> 56:39.280]  But it's really very logical, it's very organized, and that's why anybody can
[56:39.280 --> 56:43.280]  run for a state legislature position or be a congressman or a senator.
[56:43.280 --> 56:45.280]  You don't have to be a lawyer to do that.
[56:45.280 --> 56:47.280]  And it's because anybody can understand it.
[56:47.280 --> 56:48.280]  That's the big secret.
[56:48.280 --> 56:51.280]  Then once you've seen it, don't go out and look for something.
[56:51.280 --> 56:58.280]  Wait until something in your vicinity, your local community or the kind of
[56:58.280 --> 57:03.280]  activities you participate presents itself and you go, that's not right, then
[57:03.280 --> 57:04.280]  get involved.
[57:04.280 --> 57:06.280]  Participate.
[57:06.280 --> 57:09.280]  Don't take no for an answer.
[57:09.280 --> 57:13.280]  Go ahead and run it as far as you can.
[57:13.280 --> 57:14.280]  I understand that.
[57:14.280 --> 57:15.280]  I understand that.
[57:15.280 --> 57:19.280]  I don't have anything going on with the police down here.
[57:19.280 --> 57:24.280]  However, I did get to use some of your old tactics regarding our rental
[57:24.280 --> 57:25.280]  agreement.
[57:25.280 --> 57:27.280]  Somebody tried to push me around, and I got to look.
[57:27.280 --> 57:30.280]  They accused me of certain violations, and I got to look into my rental
[57:30.280 --> 57:31.280]  agreement.
[57:31.280 --> 57:32.280]  I'm like, these aren't violations.
[57:32.280 --> 57:33.280]  They're making stuff up.
[57:33.280 --> 57:35.280]  They just want me to sign a new lease, and I don't want to.
[57:35.280 --> 57:37.280]  I'm perfectly happy under the second provision here.
[57:37.280 --> 57:39.280]  This is a month-to-month agreement, and we both have the right to terminate
[57:39.280 --> 57:41.280]  this at any time in 30 days.
[57:41.280 --> 57:44.280]  So I got to use the registered mail and everything with something like that,
[57:44.280 --> 57:47.280]  and there's been nothing but smiles to me since.
[57:47.280 --> 57:48.280]  So that's been great.
[57:48.280 --> 57:52.280]  But more along the Republican line, I understand there's a Restore America
[57:52.280 --> 57:57.280]  plan going on at the moment with the use of the grand juries.
[57:57.280 --> 58:04.280]  And as citizens, we can file our paperwork in a county courthouse or whatnot
[58:04.280 --> 58:07.280]  and declare ourselves part of the republic as a way to increase our
[58:07.280 --> 58:08.280]  numbers.
[58:08.280 --> 58:09.280]  Is that what's going on?
[58:09.280 --> 58:10.280]  I was asking Randy.
[58:10.280 --> 58:13.280]  I was pretty sure I heard your voice in the seminar.
[58:13.280 --> 58:19.280]  I don't know that we need to declare the fact that we're a member of the
[58:19.280 --> 58:20.280]  republic.
[58:20.280 --> 58:24.280]  We simply need to act like we're a member of the republic.
[58:24.280 --> 58:25.280]  All right.
[58:25.280 --> 58:26.280]  Well, thank you.
[58:26.280 --> 58:28.280]  Do our jobs, and they'll figure out what we are.
[58:28.280 --> 58:29.280]  Okay.
[58:29.280 --> 58:32.280]  We're about to go to break.
[58:32.280 --> 58:33.280]  Thank you, guys.
[58:33.280 --> 58:38.280]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio.
[58:38.280 --> 58:41.280]  We'll be right back on the other side, and we'll be going to Mark from
[58:41.280 --> 58:47.280]  Wisconsin, and I know he's going to have something good for us.
[58:47.280 --> 58:51.280]  He's probably going to have something to chomp to stops.
[58:51.280 --> 58:52.280]  Okay.
[58:52.280 --> 58:56.280]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio.
[58:56.280 --> 59:00.280]  We'll be right back.
[59:00.280 --> 59:04.280]  The Bible remains the most popular book in the world, yet countless
[59:04.280 --> 59:08.280]  readers are frustrated because they struggle to understand it.
[59:08.280 --> 59:12.280]  Some new translations try to help by simplifying the text, but in the
[59:12.280 --> 59:16.280]  process can compromise the profound meaning of the scripture.
[59:16.280 --> 59:19.280]  Enter the recovery version.
[59:19.280 --> 59:23.280]  First, this new translation is extremely faithful and accurate, but
[59:23.280 --> 59:28.280]  the real story is the more than 9,000 explanatory footnotes.
[59:28.280 --> 59:32.280]  The detailed and profound passages are opened up in a marvelous way,
[59:32.280 --> 59:36.280]  providing an entrance into the riches of the Word beyond which you've
[59:36.280 --> 59:38.280]  ever experienced before.
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[59:55.280 --> 59:57.280]  freestudybible.com.
[59:57.280 --> 01:00:00.280]  That's freestudybible.com.
[01:00:00.280 --> 01:00:04.280]  This news brief brought to you by the International Moves Net.
[01:00:04.280 --> 01:00:08.280]  The International Monetary Fund issued a report Thursday on a possible
[01:00:08.280 --> 01:00:12.280]  replacement for the dollar as the world's reserve currency.
[01:00:12.280 --> 01:00:16.280]  The IMF said special drawing rights or SDRs could help stabilize the
[01:00:16.280 --> 01:00:18.280]  global financial system.
[01:00:18.280 --> 01:00:23.280]  SDRs created by the IMF in 1969 can be converted into any currency at
[01:00:23.280 --> 01:00:28.280]  exchange rates based on a basket of international currencies.
[01:00:28.280 --> 01:00:32.280]  Switzerland has frozen assets that may belong to Egyptian ex-President
[01:00:32.280 --> 01:00:34.280]  Hosni Mubarak.
[01:00:34.280 --> 01:00:38.280]  A Swiss foreign ministry spokesman said assets belonging to Mubarak's
[01:00:38.280 --> 01:00:42.280]  associates would also be targeted to limit the chance of state funds
[01:00:42.280 --> 01:00:43.280]  being plundered.
[01:00:43.280 --> 01:00:47.280]  Estimates have put Mubarak's wealth at up to $70 billion, which would
[01:00:47.280 --> 01:00:51.280]  make him the world's wealthiest man.
[01:00:51.280 --> 01:00:56.280]  A former Fox News employee told Media Watchdog Media Matters Friday,
[01:00:56.280 --> 01:00:58.280]  Fox makes stuff up.
[01:00:58.280 --> 01:01:02.280]  The employee, who remains anonymous, said of Fox, they insist on
[01:01:02.280 --> 01:01:06.280]  maintaining this charade, this facade, that they're balanced or that
[01:01:06.280 --> 01:01:10.280]  they're not right-wing extreme propagandists.
[01:01:10.280 --> 01:01:15.280]  The website ThinkProgress disclosed Friday, the U.S. Chamber of Commerce,
[01:01:15.280 --> 01:01:19.280]  has hired security companies to sabotage unions and smear political
[01:01:19.280 --> 01:01:21.280]  opponents.
[01:01:21.280 --> 01:01:24.280]  ThinkProgress obtained emails from the trade association, which
[01:01:24.280 --> 01:01:29.280]  represents ExxonMobil, AIG, and other major corporations, showing the
[01:01:29.280 --> 01:01:34.280]  Chamber hired the lobbying firm, Hutton & Williams, to spearhead the
[01:01:34.280 --> 01:01:35.280]  sabotage.
[01:01:35.280 --> 01:01:39.280]  The firm's attorney, Richard White, hired security firms HB Gary Federal,
[01:01:39.280 --> 01:01:44.280]  Planeteer, and Barrico Technology to develop tactics for damaging
[01:01:44.280 --> 01:01:47.280]  progressive groups and labor unions.
[01:01:47.280 --> 01:01:52.280]  ThinkProgress, the labor coalition Change to Win, U.S. Chamber Watch,
[01:01:52.280 --> 01:01:55.280]  and StopTheChamber.com were among those targeted.
[01:01:55.280 --> 01:02:00.280]  The three security firms proposed creating a false document to give to a
[01:02:00.280 --> 01:02:04.280]  group opposing the Chamber and then expose the document as a fake.
[01:02:04.280 --> 01:02:08.280]  ThinkProgress obtained the Chamber's emails through the hacktivist group,
[01:02:08.280 --> 01:02:12.280]  Anonymous, who were retaliating against HB Gary Federal after an
[01:02:12.280 --> 01:02:17.280]  executive at the firm, Aaron Barr, tried to take Anonymous down.
[01:02:17.280 --> 01:02:22.280]  Afghanistan's spy service says a cell of suicide bombers in Kabul was
[01:02:22.280 --> 01:02:27.280]  run for three years by Taliban commander Taleb Jan operating from the
[01:02:27.280 --> 01:02:28.280]  city's main prison.
[01:02:28.280 --> 01:02:32.280]  The National Directorate of Security said another suicide bomber cell
[01:02:32.280 --> 01:02:36.280]  recruited young men from religious schools and got them high on drugs
[01:02:36.280 --> 01:02:38.280]  before sending them on suicide missions.
[01:02:38.280 --> 01:02:43.280]  National Directorate spokesman Luftullah Mashal said Thursday most of
[01:02:43.280 --> 01:02:47.280]  the suicide attacks in Kabul were planned from inside this prison by this
[01:02:47.280 --> 01:02:52.280]  man, playing a videotape of Jan confessing he had organized the January
[01:02:52.280 --> 01:02:57.280]  28th suicide bombing of a Kabul supermarket that killed 14 people.
[01:02:57.280 --> 01:03:12.280]  You are listening to the Rule of Law Radio Network at
[01:03:12.280 --> 01:03:27.280]  www.ruleoflawradio.com, live free speech talk radio at its best.
[01:03:27.280 --> 01:03:52.280]  All right, folks, we are back.
[01:03:52.280 --> 01:03:54.280]  This is Rule of Law Radio.
[01:03:54.280 --> 01:03:55.280]  We are taking your phone calls.
[01:03:55.280 --> 01:03:57.280]  We have one hour left in the show.
[01:03:57.280 --> 01:04:02.280]  The call-in number is 512-646-1984.
[01:04:02.280 --> 01:04:05.280]  Right now we have several callers up on the bridge.
[01:04:05.280 --> 01:04:08.280]  Let's go to Mark in Wisconsin and see what he's got for us.
[01:04:08.280 --> 01:04:10.280]  Mark, how can we help you?
[01:04:10.280 --> 01:04:14.280]  Hello, I just wanted to mention if you need a copy of a criminal complaint,
[01:04:14.280 --> 01:04:17.280]  just if you have to, you can go to the clerk in the jurisdiction you're
[01:04:17.280 --> 01:04:23.280]  interested in and just pull, you know, a couple copies of criminal complaints,
[01:04:23.280 --> 01:04:25.280]  you know, the latest criminal complaints.
[01:04:25.280 --> 01:04:26.280]  That way you can see what they look like.
[01:04:26.280 --> 01:04:29.280]  Generally all you need is the header, and then like Randy says,
[01:04:29.280 --> 01:04:34.280]  you put your complaint in the language of the statutes or laws that were
[01:04:34.280 --> 01:04:36.280]  violated.
[01:04:36.280 --> 01:04:37.280]  Right, Randy?
[01:04:37.280 --> 01:04:38.280]  Yeah.
[01:04:38.280 --> 01:04:44.280]  Yeah, in the states they tend not to require that, but it is very good
[01:04:44.280 --> 01:04:47.280]  practice if you always do it that way.
[01:04:47.280 --> 01:04:51.280]  The Fed actually requires it to be written in the language of the statute.
[01:04:51.280 --> 01:04:57.280]  But if you just do a search on the Internet, you'll find a federal criminal
[01:04:57.280 --> 01:05:02.280]  complaint just so you can see how the heading and stuff is set up.
[01:05:02.280 --> 01:05:03.280]  Right.
[01:05:03.280 --> 01:05:06.280]  Generally that's all you need is the header, but you can, you know, glean
[01:05:06.280 --> 01:05:12.280]  some ideas from the way that they word their stuff in the language of the
[01:05:12.280 --> 01:05:13.280]  statute, too.
[01:05:13.280 --> 01:05:17.280]  The other thing I wanted to mention, too, under the FCRA only the original
[01:05:17.280 --> 01:05:19.280]  creditor is bound under the FCRA.
[01:05:19.280 --> 01:05:23.280]  That means the very original creditor that you did business with.
[01:05:23.280 --> 01:05:25.280]  Now, it's been my experience.
[01:05:25.280 --> 01:05:28.280]  I've never heard of any creditor answering back a dispute or marking the
[01:05:28.280 --> 01:05:29.280]  account in dispute.
[01:05:29.280 --> 01:05:33.280]  So everyone should send their original creditor a dispute letter, and they
[01:05:33.280 --> 01:05:35.280]  won't mark it in dispute on your credit report.
[01:05:35.280 --> 01:05:40.280]  So you can start stacking $3,000 a month for each credit bureau that they
[01:05:40.280 --> 01:05:43.280]  don't report it disputed in for the next two years.
[01:05:43.280 --> 01:05:46.280]  The statute of limitations is two years on that.
[01:05:46.280 --> 01:05:52.280]  So everyone else that follows the original creditor is under the FDCPA,
[01:05:52.280 --> 01:05:57.280]  whether they be an assigned, whether they claim to have bought the note or
[01:05:57.280 --> 01:06:03.280]  debt, or whether they be a lawyer hired by an assigned or a buyer of a note.
[01:06:03.280 --> 01:06:05.280]  So I just wanted to clear that up.
[01:06:05.280 --> 01:06:13.280]  And under the FDCPA, you only have one year statute of limitations.
[01:06:13.280 --> 01:06:15.280]  Any buyer of the note.
[01:06:15.280 --> 01:06:19.280]  Yeah, anyone who claims to be a buyer of the note, if they don't claim to be
[01:06:19.280 --> 01:06:22.280]  an assigned, they usually claim to be a buyer of the note.
[01:06:22.280 --> 01:06:23.280]  You know what I mean?
[01:06:23.280 --> 01:06:26.280]  We're talking about real estate mortgages.
[01:06:26.280 --> 01:06:32.280]  So if the note has been sold, then anyone trying to enforce the note is a
[01:06:32.280 --> 01:06:34.280]  buyer of the note.
[01:06:34.280 --> 01:06:35.280]  Right, right.
[01:06:35.280 --> 01:06:40.280]  But I'm talking broadly because I've seen in credit card cases they claim to
[01:06:40.280 --> 01:06:41.280]  have bought the note.
[01:06:41.280 --> 01:06:43.280]  They're not claiming to be an assigned.
[01:06:43.280 --> 01:06:45.280]  You know what I mean?
[01:06:45.280 --> 01:06:53.280]  Yeah, but if they fall under, then anyone trying to enforce a mortgage, a
[01:06:53.280 --> 01:07:00.280]  foreclosure, if the note has been sold in the secondary market and they're
[01:07:00.280 --> 01:07:06.280]  representing the current holder, then the current holder is a debt collector.
[01:07:06.280 --> 01:07:08.280]  Right, right.
[01:07:08.280 --> 01:07:09.280]  Because he's not the original.
[01:07:09.280 --> 01:07:14.280]  If they're a second party to buying that note, they're a third party debt
[01:07:14.280 --> 01:07:15.280]  collector.
[01:07:15.280 --> 01:07:17.280]  That's correct.
[01:07:17.280 --> 01:07:19.280]  Oh, wonderful.
[01:07:19.280 --> 01:07:25.280]  I need to brief that out for a smart mouth judge or two that's thrown those
[01:07:25.280 --> 01:07:28.280]  out out of hand.
[01:07:28.280 --> 01:07:30.280]  Randy.
[01:07:30.280 --> 01:07:32.280]  Yes.
[01:07:32.280 --> 01:07:37.280]  Ken, one of the things we probably ought to do is try to find, to be real
[01:07:37.280 --> 01:07:40.280]  interesting as far as complaints to go, to go find the original complaint
[01:07:40.280 --> 01:07:44.280]  against Bernie Madoff because I think that would be really exciting to see how
[01:07:44.280 --> 01:07:50.280]  they put that together to get an idea of exactly how they word the process.
[01:07:50.280 --> 01:07:53.280]  And that ought to be all over the Internet.
[01:07:53.280 --> 01:07:55.280]  Yeah, that should be easy to find.
[01:07:55.280 --> 01:07:57.280]  Good point.
[01:07:57.280 --> 01:08:03.280]  Yeah, probably just do a search on Bernie Madoff and you should get lots of
[01:08:03.280 --> 01:08:05.280]  hits.
[01:08:05.280 --> 01:08:09.280]  Okay, Mark, I thought you were going to jump the stops.
[01:08:09.280 --> 01:08:14.280]  Well, hey, we got a little thing going on here in Madison where we got some
[01:08:14.280 --> 01:08:19.280]  lawyers trying to get an injunction against the police chief for filing
[01:08:19.280 --> 01:08:22.280]  charges against people carrying guns.
[01:08:22.280 --> 01:08:28.280]  And I found in their own municipal code that the police chief is precluded
[01:08:28.280 --> 01:08:29.280]  from doing that.
[01:08:29.280 --> 01:08:32.280]  And I wanted to file or inject something into the case, but I'm not the most
[01:08:32.280 --> 01:08:36.280]  eloquent guy in the world, so I was wondering what I could do as far as an
[01:08:36.280 --> 01:08:41.280]  amicus or judicial brief or whatever because what the city is doing is
[01:08:41.280 --> 01:08:46.280]  charging these people with a statute violation, which is actually supposed to
[01:08:46.280 --> 01:08:50.280]  be a misdemeanor under the state, and not only that, they're taking them to
[01:08:50.280 --> 01:08:55.280]  municipal court where the municipal code actually precludes from doing that.
[01:08:55.280 --> 01:08:57.280]  They're supposed to turn them over to the state.
[01:08:57.280 --> 01:09:00.280]  So I'm wondering what I could file into that case, kind of a little bomb in
[01:09:00.280 --> 01:09:03.280]  that case without getting too technical.
[01:09:03.280 --> 01:09:15.280]  I'm trying to think of how to get at that best, not quite TAM, unless you
[01:09:15.280 --> 01:09:24.280]  could show that they're using federal or state funds in order to operate this
[01:09:24.280 --> 01:09:26.280]  ongoing criminal conspiracy.
[01:09:26.280 --> 01:09:28.280]  Well, essentially they are, Randy.
[01:09:28.280 --> 01:09:32.280]  What they're doing is they're taking court cases that are supposed to be
[01:09:32.280 --> 01:09:36.280]  going to the state and the revenue from those court cases and dropping it in
[01:09:36.280 --> 01:09:39.280]  the city still rather than the state.
[01:09:39.280 --> 01:09:42.280]  That's quite TAM.
[01:09:42.280 --> 01:09:48.280]  Do a quite TAM suit for all of the monies they've collected and given to
[01:09:48.280 --> 01:09:54.280]  the corporation instead of given to the municipal corporation instead of the
[01:09:54.280 --> 01:09:56.280]  state corporation.
[01:09:56.280 --> 01:09:59.280]  That might get the state on their case.
[01:09:59.280 --> 01:10:02.280]  They might pick it up and run it for you.
[01:10:02.280 --> 01:10:06.280]  It might, but we're talking Madison is the capital, so you've got to figure
[01:10:06.280 --> 01:10:09.280]  that the city and the state are pretty tight.
[01:10:09.280 --> 01:10:14.280]  I mean, they're right across the street from each other practically.
[01:10:14.280 --> 01:10:18.280]  Yeah, but we're talking money here.
[01:10:18.280 --> 01:10:20.280]  Yeah.
[01:10:20.280 --> 01:10:23.280]  Even families aren't tight when we're talking money.
[01:10:23.280 --> 01:10:25.280]  Right, right.
[01:10:25.280 --> 01:10:29.280]  But my real goal in the whole thing is to get these police officers to stop
[01:10:29.280 --> 01:10:33.280]  arresting people for openly carrying arms, which is a constitutionally
[01:10:33.280 --> 01:10:37.280]  protected right, but they're being harassed by police and given tickets for
[01:10:37.280 --> 01:10:42.280]  carrying their guns out in the open for erroneous statute violations.
[01:10:42.280 --> 01:10:45.280]  Well, start to try a quite TAM.
[01:10:45.280 --> 01:10:48.280]  That would be a great shot, Adam.
[01:10:48.280 --> 01:10:50.280]  This is Ken Magnuson.
[01:10:50.280 --> 01:10:53.280]  I'd like to just ask a couple questions here.
[01:10:53.280 --> 01:10:57.280]  I mean, are these violations legitimate violations of the law, or are they
[01:10:57.280 --> 01:10:59.280]  just?
[01:10:59.280 --> 01:11:00.280]  No, they're not.
[01:11:00.280 --> 01:11:03.280]  They're actually like, they call it disturbing the peace in some states.
[01:11:03.280 --> 01:11:05.280]  I forget exactly what they call it here.
[01:11:05.280 --> 01:11:07.280]  It escapes me right now.
[01:11:07.280 --> 01:11:11.280]  But what they're saying are that people are alarmed by seeing men with guns,
[01:11:11.280 --> 01:11:16.280]  so they have the justification to write you a ticket by the reactions of
[01:11:16.280 --> 01:11:21.280]  someone else when you're actually engaging in a constitutionally protected
[01:11:21.280 --> 01:11:23.280]  right.
[01:11:23.280 --> 01:11:28.280]  Okay, so what I'm trying to get my head around here at this point is, is
[01:11:28.280 --> 01:11:33.280]  there a right or a statute in Wisconsin that allows people to carry a gun in
[01:11:33.280 --> 01:11:34.280]  the open?
[01:11:34.280 --> 01:11:36.280]  Yes.
[01:11:36.280 --> 01:11:41.280]  Okay, then that statute gives that person the right to do it.
[01:11:41.280 --> 01:11:45.280]  They can't suddenly say, oh, well, except we can take it away when we feel
[01:11:45.280 --> 01:11:46.280]  like it.
[01:11:46.280 --> 01:11:48.280]  Well, that's essentially what they're doing.
[01:11:48.280 --> 01:11:51.280]  They're harassing people who are carrying guns in the city limits of
[01:11:51.280 --> 01:11:53.280]  Madison with these tickets.
[01:11:53.280 --> 01:11:58.280]  What they're saying is, is the reaction of the people around them is, is, is
[01:11:58.280 --> 01:12:02.280]  if a person is disturbed by seeing you with a gun, they're writing you a
[01:12:02.280 --> 01:12:04.280]  ticket for essentially disturbing the peace.
[01:12:04.280 --> 01:12:06.280]  It's ridiculous.
[01:12:06.280 --> 01:12:16.280]  Hey, hey, if I see a guy on a bicycle in tights, I find that very disturbing.
[01:12:16.280 --> 01:12:18.280]  So do I.
[01:12:18.280 --> 01:12:20.280]  They should arrest him.
[01:12:20.280 --> 01:12:24.280]  But essentially, Randy, what you just said is what they're doing.
[01:12:24.280 --> 01:12:27.280]  That's malicious prosecution and false arrest.
[01:12:27.280 --> 01:12:31.280]  And I think the attorneys that are going after them are probably doing the
[01:12:31.280 --> 01:12:32.280]  right thing.
[01:12:32.280 --> 01:12:36.280]  And I would just follow, follow to see what happens with that.
[01:12:36.280 --> 01:12:40.280]  But the issue is, is the only other choice you have is, I think Eddie already
[01:12:40.280 --> 01:12:44.280]  mentioned that you could file an amicus brief in any court proceeding against
[01:12:44.280 --> 01:12:48.280]  the court if they're trying to get a restraining order against them.
[01:12:48.280 --> 01:12:52.280]  I think that whoever the police chief is that ordered this has committed
[01:12:52.280 --> 01:12:57.280]  criminal offenses against these people's civil rights.
[01:12:57.280 --> 01:13:01.280]  And that goes to the same thing we just heard a minute ago, which is 18 USC
[01:13:01.280 --> 01:13:05.280]  241 or 242, where there's a conspiracy to deprive somebody of their
[01:13:05.280 --> 01:13:07.280]  constitutional rights.
[01:13:07.280 --> 01:13:08.280]  Well, there is.
[01:13:08.280 --> 01:13:15.280]  He's actually codified in memorandum to his officers to carry out this sort
[01:13:15.280 --> 01:13:18.280]  of harassment.
[01:13:18.280 --> 01:13:19.280]  Wonderful.
[01:13:19.280 --> 01:13:21.280]  Yeah, federal charges against him.
[01:13:21.280 --> 01:13:25.280]  I think that's, you start doing a criminal complaint against him and see
[01:13:25.280 --> 01:13:27.280]  where it goes.
[01:13:27.280 --> 01:13:29.280]  241 and 242.
[01:13:29.280 --> 01:13:31.280]  Yeah, I think both, yeah.
[01:13:31.280 --> 01:13:36.280]  Hey, Randy, why don't I file it into that case?
[01:13:36.280 --> 01:13:37.280]  What do you think?
[01:13:37.280 --> 01:13:39.280]  Oh, no, this is, we're talking criminal.
[01:13:39.280 --> 01:13:43.280]  Criminal can't be filed into another case.
[01:13:43.280 --> 01:13:44.280]  Oh, okay.
[01:13:44.280 --> 01:13:45.280]  All right.
[01:13:45.280 --> 01:13:47.280]  Criminal is totally separate.
[01:13:47.280 --> 01:13:49.280]  Okay, we're running short of time.
[01:13:49.280 --> 01:13:50.280]  We need to move along.
[01:13:50.280 --> 01:13:51.280]  Do you have anything else for us?
[01:13:51.280 --> 01:13:52.280]  Yeah, just real quickly.
[01:13:52.280 --> 01:13:59.280]  My brother, he wanted me to write him a letter to send to his mortgage person
[01:13:59.280 --> 01:14:04.280]  there and tell him he wanted to view the note or whatever.
[01:14:04.280 --> 01:14:05.280]  He didn't like the way I worded it.
[01:14:05.280 --> 01:14:11.280]  He wanted to know how you would word it, you know, under the UCC.
[01:14:11.280 --> 01:14:14.280]  Okay, this is what you put down.
[01:14:14.280 --> 01:14:21.280]  You chump, you give me that letter, I'll stick my boot right up your behind.
[01:14:21.280 --> 01:14:24.280]  Okay, that's highly technical, too.
[01:14:24.280 --> 01:14:27.280]  Yeah.
[01:14:27.280 --> 01:14:32.280]  Hey, I spent a lot of time researching on how to write these things.
[01:14:32.280 --> 01:14:36.280]  I should be a politician.
[01:14:36.280 --> 01:14:41.280]  But remember, you need to write that with a New Jersey accent.
[01:14:41.280 --> 01:14:45.280]  You joik.
[01:14:45.280 --> 01:14:46.280]  Hey, you're no help.
[01:14:46.280 --> 01:14:47.280]  I'm over here.
[01:14:47.280 --> 01:14:50.280]  Let's have a little talk.
[01:14:50.280 --> 01:14:53.280]  Hey, Ray.
[01:14:53.280 --> 01:15:02.280]  Well, look at, have him read UCC 3-501.
[01:15:02.280 --> 01:15:05.280]  And that'll pretty much tell him.
[01:15:05.280 --> 01:15:09.280]  This is the standing he has to make this request.
[01:15:09.280 --> 01:15:14.280]  And from reading the statute, he'll pretty well know what to ask.
[01:15:14.280 --> 01:15:17.280]  Yeah, you just really ask him to make the document available for viewing
[01:15:17.280 --> 01:15:19.280]  so you can pay it in full, right?
[01:15:19.280 --> 01:15:24.280]  Yeah, well, make the document available for viewing as contemplated
[01:15:24.280 --> 01:15:29.280]  by Uniform Commercial Code 3-501.
[01:15:29.280 --> 01:15:31.280]  Right, right.
[01:15:31.280 --> 01:15:33.280]  I always like to do it that way.
[01:15:33.280 --> 01:15:37.280]  Then they go read the code and they know exactly what you're asking.
[01:15:37.280 --> 01:15:42.280]  I ask for all records collected, simple, maintained by the department
[01:15:42.280 --> 01:15:45.280]  that are referenced by Article 17.3 of Code of Conduct and Procedure.
[01:15:45.280 --> 01:15:48.280]  They have to go read the statute to know what I'm asking them for.
[01:15:48.280 --> 01:15:50.280]  And that works real good.
[01:15:50.280 --> 01:15:51.280]  All right.
[01:15:51.280 --> 01:15:52.280]  Okay, time is running short.
[01:15:52.280 --> 01:15:54.280]  We've got a stack of callers.
[01:15:54.280 --> 01:15:55.280]  What does Madison mean?
[01:15:55.280 --> 01:15:59.280]  We're going to dump the chumps from Madison.
[01:15:59.280 --> 01:16:02.280]  Okay, Mark, we're going to move along.
[01:16:02.280 --> 01:16:04.280]  Thank you for calling in.
[01:16:04.280 --> 01:16:05.280]  All right.
[01:16:05.280 --> 01:16:09.280]  We're going to go to Jay in California.
[01:16:09.280 --> 01:16:10.280]  Hello, Jay.
[01:16:10.280 --> 01:16:13.280]  What have you got going for us?
[01:16:13.280 --> 01:16:15.280]  Hi, how are you?
[01:16:15.280 --> 01:16:16.280]  Doing well.
[01:16:16.280 --> 01:16:24.280]  I'm calling regarding a situation where I am a disabled veteran
[01:16:24.280 --> 01:16:27.280]  and my service dogs were stolen.
[01:16:27.280 --> 01:16:33.280]  I am at the point now where I fight.
[01:16:33.280 --> 01:16:34.280]  Hello?
[01:16:34.280 --> 01:16:35.280]  Okay.
[01:16:35.280 --> 01:16:36.280]  Okay, hold on.
[01:16:36.280 --> 01:16:37.280]  We're going to go to break.
[01:16:37.280 --> 01:16:39.280]  We'll pick you up on the other side.
[01:16:39.280 --> 01:16:45.280]  This is Randy Kelton, Denver Stevens, Eddie Craig, Root of Love Radio.
[01:16:45.280 --> 01:16:51.280]  On our four-hour info marathon, we have three segments left.
[01:16:51.280 --> 01:17:01.280]  We'll be right back on the other side.
[01:17:01.280 --> 01:17:05.280]  Capital Coin and Bullion is your local source for rare coins,
[01:17:05.280 --> 01:17:08.280]  precious metals, and coin supplies in the Austin metro area.
[01:17:08.280 --> 01:17:10.280]  We also ship worldwide.
[01:17:10.280 --> 01:17:14.280]  We are a family-owned and operated business that offers competitive prices
[01:17:14.280 --> 01:17:16.280]  on your coin and metals purchases.
[01:17:16.280 --> 01:17:21.280]  We buy, sell, trade, and consign rare coins, gold and silver coin collections,
[01:17:21.280 --> 01:17:23.280]  precious metals, and scrap gold.
[01:17:23.280 --> 01:17:27.280]  We will purchase and sell gold and jewelry items as well.
[01:17:27.280 --> 01:17:29.280]  We offer daily specials on coins and bullion.
[01:17:29.280 --> 01:17:33.280]  We're located at 5448 Burnett Road, Suite 3,
[01:17:33.280 --> 01:17:39.280]  and we're open Monday through Friday, 10 a.m. to 6 p.m., Saturdays, 10 a.m. to 5 p.m.
[01:17:39.280 --> 01:17:42.280]  You are welcome to stop in our shop during regular business hours
[01:17:42.280 --> 01:17:47.280]  or call 512-646-6440 with any questions.
[01:17:47.280 --> 01:17:52.280]  Ask for Chad and say you heard about us on Root of Love Radio or 90.1 FM.
[01:17:52.280 --> 01:17:59.280]  That's Capital Coin and Bullion, 512-646-6440.
[01:17:59.280 --> 01:18:03.280]  My name is Randall Kelton, and I co-host on Root of Love Radio.
[01:18:03.280 --> 01:18:08.280]  We specialize in showing people how to strike back against corrupt public officials.
[01:18:08.280 --> 01:18:12.280]  With the mortgage crisis worsening, we set our sights on finding a remedy
[01:18:12.280 --> 01:18:15.280]  for people who have been cheated by their lenders.
[01:18:15.280 --> 01:18:17.280]  If you have a mortgage or have paid yours off,
[01:18:17.280 --> 01:18:21.280]  you have probably been cheated out of thousands, but there is a remedy.
[01:18:21.280 --> 01:18:29.280]  Go to remediesinrealestate.com or call me at 512-430-4140
[01:18:29.280 --> 01:18:32.280]  and find out how to use the consumer protection laws
[01:18:32.280 --> 01:18:36.280]  to recover what the lenders have stolen through fraud and deception.
[01:18:36.280 --> 01:18:39.280]  We will prepare for you a qualified written request
[01:18:39.280 --> 01:18:43.280]  that will expose the fraud and put the lenders on the dime.
[01:18:43.280 --> 01:18:47.280]  Lender fraud is bankrupting this country, and it's time to fight back.
[01:18:47.280 --> 01:18:54.280]  Go to remediesinrealestate.com or call 512-430-4140
[01:18:54.280 --> 01:19:01.280]  and get the information you need to stop the money changers in their tracks.
[01:19:01.280 --> 01:19:24.280]  Oh, come on
[01:19:24.280 --> 01:19:29.280]  If I can't get everything I want
[01:19:29.280 --> 01:19:39.280]  If I can't get everything I need
[01:19:39.280 --> 01:19:42.280]  Alright, folks, we are back. This is Rule of Law Radio.
[01:19:42.280 --> 01:19:47.280]  The call-in number is 512-646-1984.
[01:19:47.280 --> 01:19:52.280]  We have 45 minutes or about 40 minutes actually left in this part of the show.
[01:19:52.280 --> 01:19:55.280]  So, folks, if you have an issue, please give us a call.
[01:19:55.280 --> 01:20:00.280]  Right now, we are taking your phone calls, and let's see.
[01:20:00.280 --> 01:20:04.280]  Randy, who do we have up next? That would be Jay in California.
[01:20:04.280 --> 01:20:06.280]  Jay, how can we help you?
[01:20:06.280 --> 01:20:10.280]  Okay, so I have a situation where I have service dogs.
[01:20:10.280 --> 01:20:17.280]  I'm a disabled veteran, and I was involved in a litigation in the state of New Jersey,
[01:20:17.280 --> 01:20:21.280]  as you guys were saying just a minute ago,
[01:20:21.280 --> 01:20:25.280]  where I was out of state when my service dogs were injured.
[01:20:25.280 --> 01:20:30.280]  I came back and proved that the service dogs were injured by someone in my apartment,
[01:20:30.280 --> 01:20:34.280]  but the city didn't do what they were supposed to do and arrest the person or charge them,
[01:20:34.280 --> 01:20:39.280]  but they gave me my service dogs back. They sent one back with a kennel call.
[01:20:39.280 --> 01:20:44.280]  One of the veterinarians who took care of the dogs while the dogs were in evidence,
[01:20:44.280 --> 01:20:49.280]  because one of my service dogs died,
[01:20:49.280 --> 01:20:54.280]  one of the ladies, she came back to the shelter with two of my dogs.
[01:20:54.280 --> 01:20:59.280]  She tried to buy them from me. I showed her a doctor's note and told her it was service dogs.
[01:20:59.280 --> 01:21:02.280]  She says, well, just let me keep in touch with you.
[01:21:02.280 --> 01:21:07.280]  For the next several days, she worked on me. She would call and try to be very friendly,
[01:21:07.280 --> 01:21:15.280]  and then my oldest dog came home with a kennel call because he was left outside the whole summer.
[01:21:15.280 --> 01:21:19.280]  So the end result was that he was coughing badly, so she made the offer.
[01:21:19.280 --> 01:21:28.280]  She says, George, give me the dogs. I'll even sign a contract that I won't convert the dogs.
[01:21:28.280 --> 01:21:31.280]  She takes my dogs. Then she starts sending.
[01:21:31.280 --> 01:21:35.280]  She signs the thing saying that she would consider the dogs a part.
[01:21:35.280 --> 01:21:39.280]  She considers the dogs service dogs. She wouldn't convert them.
[01:21:39.280 --> 01:21:46.280]  She tried to put limitations and altered the contract, which I did not do in my presence,
[01:21:46.280 --> 01:21:50.280]  and put in that there were limits on the times that I could visit.
[01:21:50.280 --> 01:21:54.280]  When I would call her, she filed a police report for harassment.
[01:21:54.280 --> 01:21:59.280]  She sent me a letter by mail telling me that this was over and the dogs had been taken from me.
[01:21:59.280 --> 01:22:05.280]  She converted the names on the avid Tetrak chips, for which I still have the searches to see for.
[01:22:05.280 --> 01:22:10.280]  So I went to Small Claims Court thinking that I had the law on my side.
[01:22:10.280 --> 01:22:16.280]  I won in Small Claims. She appealed, got a lawyer, and the lawyer and her told the judge
[01:22:16.280 --> 01:22:20.280]  that the VA did not have jurisdiction to prescribe service dogs.
[01:22:20.280 --> 01:22:24.280]  Now, this is a veterinarian, and I have a service-connected disability.
[01:22:24.280 --> 01:22:30.280]  The judge, Patrick Madden, in Long Beach, California, told me, this is over.
[01:22:30.280 --> 01:22:34.280]  Do you understand that? I told him, you're violating my civil rights.
[01:22:34.280 --> 01:22:36.280]  And he said so.
[01:22:36.280 --> 01:22:42.280]  And literally, I have been stuck and hurt for like the last two years trying to straighten this mess out
[01:22:42.280 --> 01:22:50.280]  because what happens is that I'm active in a service organization for veterans.
[01:22:50.280 --> 01:22:59.280]  And if I allow this case to stand, it has a chilling effect on the rights of other veterans under the California law.
[01:22:59.280 --> 01:23:05.280]  So I have been trying to listen to you since the beginning of the year.
[01:23:05.280 --> 01:23:08.280]  I heard about your program and I've been listening.
[01:23:08.280 --> 01:23:13.280]  But I'm really worried here because I don't know where to proceed to start this
[01:23:13.280 --> 01:23:18.280]  because when I tried to take my filing to the civil court under civil rights,
[01:23:18.280 --> 01:23:24.280]  they told me I had penal code and I couldn't proceed in my filing.
[01:23:24.280 --> 01:23:31.280]  So now, because I have carpal tunnels and post-traumatic stress, I'm trying to deal with all of this and move forward.
[01:23:31.280 --> 01:23:37.280]  And I can't find any help, so I'm doing the best I can.
[01:23:37.280 --> 01:23:44.280]  So I'm hoping that maybe you can help me and give me some direction on where I should turn and how to proceed from here
[01:23:44.280 --> 01:23:48.280]  because as a judge, I cannot do this.
[01:23:48.280 --> 01:23:58.280]  At the moment, it's too complex for me to really understand over this brief synopsis on the phone
[01:23:58.280 --> 01:24:03.280]  to understand precisely where you are.
[01:24:03.280 --> 01:24:11.280]  Can you email me the documents that you filed in the courts?
[01:24:11.280 --> 01:24:13.280]  Yes, I can.
[01:24:13.280 --> 01:24:18.280]  That will give me an idea of where you're at and what's going on.
[01:24:18.280 --> 01:24:22.280]  And I'll look them over and give you my best assessment.
[01:24:22.280 --> 01:24:24.280]  Okay. Okay.
[01:24:24.280 --> 01:24:27.280]  Because I know that I have rights under the federal Constitution.
[01:24:27.280 --> 01:24:29.280]  I know this.
[01:24:29.280 --> 01:24:36.280]  And I know that the judge is wrong because he ignores even state law, which acknowledges disability.
[01:24:36.280 --> 01:24:37.280]  I pointed this out to him.
[01:24:37.280 --> 01:24:39.280]  I even showed him the government code.
[01:24:39.280 --> 01:24:45.280]  He knows that. So as far as I'm concerned, when you have a judge that's out of control,
[01:24:45.280 --> 01:24:48.280]  you have to be proactive and get it known.
[01:24:48.280 --> 01:24:54.280]  But here, what I'm running into is a city that won't work with me.
[01:24:54.280 --> 01:24:56.280]  Nobody wants to help me.
[01:24:56.280 --> 01:25:00.280]  And they give me the runaround when I try to go and find out about the grand jury.
[01:25:00.280 --> 01:25:05.280]  Okay. That part I can help you with.
[01:25:05.280 --> 01:25:07.280]  Ken, are you there?
[01:25:07.280 --> 01:25:08.280]  I'm here.
[01:25:08.280 --> 01:25:11.280]  Do you want to chime in on the Americans with Disabilities?
[01:25:11.280 --> 01:25:15.280]  Well, yeah, he's also got Veterans Disabilities Act.
[01:25:15.280 --> 01:25:17.280]  There's stuff concerning that.
[01:25:17.280 --> 01:25:20.280]  And that's a complaint that he...
[01:25:20.280 --> 01:25:27.280]  There's probably a Veterans Affairs organization in California someplace that you might be able to get some help directly
[01:25:27.280 --> 01:25:31.280]  because you're going to need some help because anything you start in the court,
[01:25:31.280 --> 01:25:37.280]  they're going to run you through the mill to try to get you to just drop the ball.
[01:25:37.280 --> 01:25:40.280]  They're going to rush you just because of your disability.
[01:25:40.280 --> 01:25:47.280]  And I think the first thing you've got to start with is exactly what happened in the appellate court on this contract or whatever,
[01:25:47.280 --> 01:25:54.280]  and get a copy of the transcript and file a judicial complaint against the judge.
[01:25:54.280 --> 01:25:59.280]  You need to file a false grievance against the attorney.
[01:25:59.280 --> 01:26:05.280]  In California, when you go to small claims, there is no...you go to a trial de novo.
[01:26:05.280 --> 01:26:07.280]  There's no transcript.
[01:26:07.280 --> 01:26:09.280]  There's no record.
[01:26:09.280 --> 01:26:12.280]  It's like you start from scratch, but I...
[01:26:12.280 --> 01:26:14.280]  But there's an appeal from there, isn't there?
[01:26:14.280 --> 01:26:16.280]  Nothing happened.
[01:26:16.280 --> 01:26:19.280]  There's an appeal from there, though, is there not?
[01:26:19.280 --> 01:26:20.280]  No, there is not.
[01:26:20.280 --> 01:26:23.280]  It's not appealable, according to what California says.
[01:26:23.280 --> 01:26:31.280]  So the only remedy that I have is not on the state level but on federal because the state violated my constitutional rights.
[01:26:31.280 --> 01:26:35.280]  That's what I...so far what I've gleaned.
[01:26:35.280 --> 01:26:36.280]  Okay.
[01:26:36.280 --> 01:26:42.280]  Well, based on that, what you're going to have to do...this is, again, with my limited knowledge of what California has framed,
[01:26:42.280 --> 01:26:48.280]  but the issue here is it seems like what you really need to do, most people that are listening,
[01:26:48.280 --> 01:26:53.280]  I would say unless you really know the judge well, you need to ask for a jury.
[01:26:53.280 --> 01:26:55.280]  Always ask for a jury.
[01:26:55.280 --> 01:27:03.280]  You can always make your argument to the jury and you're going to come out better.
[01:27:03.280 --> 01:27:13.280]  So the only thing I can say at this point is you need to file an ADA complaint against the judge with the Justice Department.
[01:27:13.280 --> 01:27:15.280]  Okay.
[01:27:15.280 --> 01:27:17.280]  Okay.
[01:27:17.280 --> 01:27:22.280]  And then also file a judicial conduct complaint against the judge.
[01:27:22.280 --> 01:27:23.280]  Okay.
[01:27:23.280 --> 01:27:30.280]  So if I filed a complaint against the judge or against the judicial conduct board here in California, they did nothing.
[01:27:30.280 --> 01:27:33.280]  Oh, trust me, it does something.
[01:27:33.280 --> 01:27:41.280]  Even though they saw the clear violation of the law and it was in the government code that California gives more than the disabilities.
[01:27:41.280 --> 01:27:51.280]  That's in the declaratory statement of California government code 12926.1.
[01:27:51.280 --> 01:28:00.280]  And in that declaratory code, it says that the ADA, the United States ADA, serves as the base ground level floor,
[01:28:00.280 --> 01:28:06.280]  but California has always been far more exceedingly liberal in granting rights to the disabled.
[01:28:06.280 --> 01:28:11.280]  So with that, I went and showed that to the judge and he just ignored it.
[01:28:11.280 --> 01:28:15.280]  Well, even worse, even worse, here's one and here's another one.
[01:28:15.280 --> 01:28:19.280]  The judge does not have a doctor's license.
[01:28:19.280 --> 01:28:21.280]  He is not a doctor.
[01:28:21.280 --> 01:28:31.280]  I'm standing and presenting him with a doctor's note, but he allows the veterinarian to diagnose for my disability.
[01:28:31.280 --> 01:28:36.280]  Well, now we're getting into the factual argument of the case without seeing the details.
[01:28:36.280 --> 01:28:38.280]  There's almost no way I can answer to that.
[01:28:38.280 --> 01:28:44.280]  Based on what you said, I think what you really need to do, you might actually have a cause of action against the judge
[01:28:44.280 --> 01:28:52.280]  because he may have violated his ministerial duties and, you know, running up the flagpole there as far as that goes.
[01:28:52.280 --> 01:28:54.280]  But you're going to need help to do this.
[01:28:54.280 --> 01:28:59.280]  And I would contact the Veterans Administration, you know, any veterans organizations that you can find.
[01:28:59.280 --> 01:29:04.280]  Surely there's a disabled vet out there someplace that's also a lawyer.
[01:29:04.280 --> 01:29:07.280]  Well, I've been searching there for almost two years.
[01:29:07.280 --> 01:29:11.280]  I'm running up against the fraud factual limitations,
[01:29:11.280 --> 01:29:15.280]  but I'm – because it's been going on for almost four years.
[01:29:15.280 --> 01:29:18.280]  And I'm trying to get this thing worked out one way or the other.
[01:29:18.280 --> 01:29:25.280]  And what's really bothering me about this is I have an elderly mother in New Jersey and there's a guardianship hearing going on there.
[01:29:25.280 --> 01:29:28.280]  These were her dogs, too, so she's the hidden victim.
[01:29:28.280 --> 01:29:33.280]  And I have her health proxy that can say that I have the right to speak for her.
[01:29:33.280 --> 01:29:39.280]  So that's why I'm fighting so desperately.
[01:29:39.280 --> 01:29:43.280]  Okay. We're about to go to break.
[01:29:43.280 --> 01:29:44.280]  Hang on, Jay.
[01:29:44.280 --> 01:29:47.280]  We'll pick you up on this side, the other side, but we need to move quickly.
[01:29:47.280 --> 01:29:48.280]  We're running out of time.
[01:29:48.280 --> 01:29:49.280]  We've got a lot of callers.
[01:29:49.280 --> 01:29:54.280]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Wheel of Law Radio.
[01:29:54.280 --> 01:29:59.280]  We'll be right back.
[01:29:59.280 --> 01:30:03.280]  Top 10 reasons to question the official story of the Oklahoma City bombing, reason number five.
[01:30:03.280 --> 01:30:09.280]  As witnessed by millions of viewers, the rescue efforts were interrupted several times due to the presence of other explosives.
[01:30:09.280 --> 01:30:14.280]  Government log entries indicate and witnesses report that after the initial devastating blast,
[01:30:14.280 --> 01:30:18.280]  a bomb complete with timer was discovered and removed from wreckage by the bomb squad.
[01:30:18.280 --> 01:30:22.280]  Yet we are told it's all due to baseless bomb scares or other contravenances.
[01:30:22.280 --> 01:30:28.280]  So while officials try to sort out their stories, all we ask is who planted these bombs and why is the government lying about them?
[01:30:28.280 --> 01:30:34.280]  For more information, go to okcbombingtruth.com.
[01:30:34.280 --> 01:30:35.280]  Warm cookies and milk.
[01:30:35.280 --> 01:30:37.280]  What a great combination.
[01:30:37.280 --> 01:30:41.280]  But cookies in the Internet are a recipe for a privacy invasion.
[01:30:41.280 --> 01:30:48.280]  I'm Dr. Catherine Albrecht, and I'll be back to tell you why you should regularly delete cookies from your computer in just a moment.
[01:30:48.280 --> 01:30:50.280]  Privacy is under attack.
[01:30:50.280 --> 01:30:53.280]  When you give up data about yourself, you'll never get it back again.
[01:30:53.280 --> 01:30:58.280]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:30:58.280 --> 01:30:59.280]  So protect your rights.
[01:30:59.280 --> 01:31:03.280]  Say no to surveillance and keep your information to yourself.
[01:31:03.280 --> 01:31:06.280]  Privacy, it's worth hanging on to.
[01:31:06.280 --> 01:31:13.280]  This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing.
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[01:31:21.280 --> 01:31:30.280]  Some cookies are harmless, but many websites use so-called tracking cookies that can monitor your Internet behavior and create a profile of you, secretly.
[01:31:30.280 --> 01:31:35.280]  This is especially problematic when you're tracked at search engines like Google or Bing.
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[01:31:57.280 --> 01:32:21.280]  More news and information at KatherineAlbrecht.com.
[01:32:27.280 --> 01:32:46.280]  Okay, we're back.
[01:32:46.280 --> 01:32:50.280]  Brandon Shelton and Debbie Stevenson, Daddy Craig here with my radio.
[01:32:50.280 --> 01:32:54.280]  We're talking today in California.
[01:32:54.280 --> 01:33:00.280]  Your case is way too complex for us to do much here on the air.
[01:33:00.280 --> 01:33:06.280]  You've obviously been fighting this for quite a while, and you've got a lot invested in it.
[01:33:06.280 --> 01:33:10.280]  Before, we can give you much vacuum.
[01:33:10.280 --> 01:33:15.280]  If you can email us the documents, then call us next Thursday or Friday.
[01:33:15.280 --> 01:33:23.280]  But then we'll have had a time to have a look at them, and we can give you a much better assessment of what we think you can do.
[01:33:23.280 --> 01:33:25.280]  Okay.
[01:33:25.280 --> 01:33:29.280]  Should I include the filing for the guardianship as well?
[01:33:29.280 --> 01:33:32.280]  Because I'm having problems there, too.
[01:33:32.280 --> 01:33:37.280]  I really think that both cases should run together because one rises out of the other.
[01:33:37.280 --> 01:33:38.280]  Okay, yes.
[01:33:38.280 --> 01:33:41.280]  Send me everything you think is related.
[01:33:41.280 --> 01:33:43.280]  Okay.
[01:33:43.280 --> 01:33:44.280]  Okay.
[01:33:44.280 --> 01:33:45.280]  Thank you.
[01:33:45.280 --> 01:33:46.280]  Thank you, Randy.
[01:33:46.280 --> 01:33:50.280]  Now we're going to move to Jeff in Michigan.
[01:33:50.280 --> 01:33:53.280]  Jeff, what's on your mind tonight?
[01:33:53.280 --> 01:33:56.280]  Oh, good evening, gentlemen.
[01:33:56.280 --> 01:34:05.280]  I've got a traffic problem that came up on me recently that I wanted to get Eddie's input on.
[01:34:05.280 --> 01:34:11.280]  And it's related to a judgment I got about a year and a half ago that I want to get voided.
[01:34:11.280 --> 01:34:24.280]  A caller a couple weeks ago called in and mentioned a point that you cannot plead to a crime that you've not been accused of in a plea deal situation,
[01:34:24.280 --> 01:34:31.280]  where I was unjustly arrested for driving on a suspended license.
[01:34:31.280 --> 01:34:39.280]  And when we got to court, they talked me into a plea deal for letting someone unlicensed drive my vehicle.
[01:34:39.280 --> 01:34:51.280]  And because of that, when I got pulled over on the January 31st, they're charging me with a second offense.
[01:34:51.280 --> 01:35:01.280]  And what happened on the 31st was I'm just traveling on my way home in my private automobile, and emergency lights pop on,
[01:35:01.280 --> 01:35:08.280]  big popcorn pushers on the top of the head, bright lights, and I'm like, what's the emergency?
[01:35:08.280 --> 01:35:10.280]  Get out of the car, you're under arrest.
[01:35:10.280 --> 01:35:14.280]  What's the offense of driving on an expired license?
[01:35:14.280 --> 01:35:20.280]  You know, a little piece of paper expired, not my driving skills.
[01:35:20.280 --> 01:35:30.280]  So they pulled my car over, pulled the door open, and dragged me out of my car, unhooked my seat belt,
[01:35:30.280 --> 01:35:36.280]  and handcuffed me, threw me in the car, and arrested me for 40 minutes, and wrote up a ticket.
[01:35:36.280 --> 01:35:38.280]  Let me ask you a question at this point real quick.
[01:35:38.280 --> 01:35:43.280]  Did the cop in the patrol car know you personally?
[01:35:43.280 --> 01:35:46.280]  I've never met him in my life.
[01:35:46.280 --> 01:35:53.280]  So what was his basis for presuming that you were operating a motor vehicle without a license,
[01:35:53.280 --> 01:35:58.280]  or that you were operating a motor vehicle at all for that matter, but still, let's stick with that.
[01:35:58.280 --> 01:36:08.280]  How could he have identified you as someone that was operating that car without a valid license if he did not know you?
[01:36:08.280 --> 01:36:10.280]  They ran my tag.
[01:36:10.280 --> 01:36:12.280]  What's that got to do with it?
[01:36:12.280 --> 01:36:17.280]  That does not mean that the person behind the wheel did not have a license.
[01:36:17.280 --> 01:36:19.280]  But there is reasonable probable cause.
[01:36:19.280 --> 01:36:23.280]  That's the very first point that comes to mind, Eddie.
[01:36:23.280 --> 01:36:26.280]  Well, Randy made a comment on reasonable probable cause.
[01:36:26.280 --> 01:36:29.280]  I want to know how so. How does that make it reasonable?
[01:36:29.280 --> 01:36:34.280]  The car had not expired. We're talking about the driver's license.
[01:36:34.280 --> 01:36:44.280]  Well, if they ran the plate and found that the owner of this particular vehicle had an expired driver's license,
[01:36:44.280 --> 01:36:52.280]  and this vehicle was being operated on the road, a reasonable person would consider there is a real good chance
[01:36:52.280 --> 01:36:57.280]  that the guy who owns this car is actually driving his own car.
[01:36:57.280 --> 01:37:01.280]  And if that is the case, then he's driving an expired license.
[01:37:01.280 --> 01:37:03.280]  Apparently, there was a warrant for him.
[01:37:03.280 --> 01:37:06.280]  If they found a warrant for the person that owned that car,
[01:37:06.280 --> 01:37:16.280]  and they see that car being driven down the street by a person who generally fit the description of male,
[01:37:16.280 --> 01:37:24.280]  they would have had his age. They would have had reasonable probable cause to believe that this was the person that was named in the warrant.
[01:37:24.280 --> 01:37:25.280]  What warrant?
[01:37:25.280 --> 01:37:29.280]  That's it. You said that there was a warrant for your arrest.
[01:37:29.280 --> 01:37:32.280]  Oh, no. There is no warrant.
[01:37:32.280 --> 01:37:34.280]  Oh.
[01:37:34.280 --> 01:37:39.280]  That's exactly wrong. What conversation are you in here? I didn't hear that.
[01:37:39.280 --> 01:37:50.280]  So I misunderstood. They arrested you because they found out that your license was expired.
[01:37:50.280 --> 01:38:00.280]  I don't know how I got that there was a warrant. So they asked you to identify yourself.
[01:38:00.280 --> 01:38:05.280]  Then once I'm under arrest, they had my car towed away.
[01:38:05.280 --> 01:38:11.280]  No, wait, wait, wait. Stop. When they first stopped you, did they ask you to identify yourself,
[01:38:11.280 --> 01:38:16.280]  or did they ask you for your driver's license and proof of insurance and outstanding stuff?
[01:38:16.280 --> 01:38:23.280]  I was with one hand trying to get my video working on my camera, and they're shouting at me over my shoulder,
[01:38:23.280 --> 01:38:26.280]  open the door, get out of the car, you're under arrest.
[01:38:26.280 --> 01:38:30.280]  And I'm like, what's the emergency? What am I under arrest for? What's the arrestable offense?
[01:38:30.280 --> 01:38:37.280]  And their response is driving on an expired license, according to them, is an arrestable offense,
[01:38:37.280 --> 01:38:43.280]  which it's civil, it's not an arrestable offense, and according to the Code of Criminal Procedure in Michigan,
[01:38:43.280 --> 01:38:49.280]  it tells me that they have to go to a judge and they have to have a signed complaint from an attorney,
[01:38:49.280 --> 01:38:54.280]  then go to a judge, then get an arrest warrant, then they can arrest me for it.
[01:38:54.280 --> 01:39:01.280]  They can't do that at all if it's actually civil. They can't get an arrest warrant for a civil offense.
[01:39:01.280 --> 01:39:04.280]  Well, all traffic is civil, is it not?
[01:39:04.280 --> 01:39:10.280]  That depends upon the way the state code writes. In Texas it's written as criminal.
[01:39:10.280 --> 01:39:21.280]  Even though it's in an administrative code and it falls under an administrative agency, they've tried to criminalize it.
[01:39:21.280 --> 01:39:35.280]  So don't go by assertions. What does your code say it is? What does your case law say it is? And do they agree?
[01:39:35.280 --> 01:39:40.280]  You're going to fight this fight. You have to do your homework.
[01:39:40.280 --> 01:39:47.280]  I'm going to fight it, but Monday I've got to reply to it somehow, and I know that it's a trap,
[01:39:47.280 --> 01:39:55.280]  and it's a trap I have to spring because they're going to ask for a plea or you're asking for a hearing,
[01:39:55.280 --> 01:40:01.280]  one or the other, or pay the fine, and it's like, wait a minute here, where's my accuser?
[01:40:01.280 --> 01:40:10.280]  Where's all this other stuff? I've listened to Eddie confront this stuff, and it's just the way their system is racked up.
[01:40:10.280 --> 01:40:17.280]  Well, that's true, but let me ask you a question. Do you have any experience as a speed bump?
[01:40:17.280 --> 01:40:21.280]  As a speed bump?
[01:40:21.280 --> 01:40:30.280]  Yeah. You know, the thing they put across the road in parking lots and driveways to make people go slower that most cars tend to run right over?
[01:40:30.280 --> 01:40:33.280]  No, I'm not a speed bump.
[01:40:33.280 --> 01:40:42.280]  Well, if you go into court without being better prepared with what those statutes say, you're going to get your opportunity to be one.
[01:40:42.280 --> 01:40:47.280]  Your first argument out of your mouth here is you're operating under a presumption you cannot support with law.
[01:40:47.280 --> 01:40:53.280]  Don't do that. You're making a presumption they're charging you with something that's civil,
[01:40:53.280 --> 01:40:59.280]  when obviously if they can get an arrest warrant for it, they believe it's criminal.
[01:40:59.280 --> 01:41:03.280]  You need to be better prepared if you're going to go in there and make this fight and make this argument.
[01:41:03.280 --> 01:41:11.280]  I cannot stress that enough. We've got enough bad case law on the books for people to overcome without making more.
[01:41:11.280 --> 01:41:17.280]  Be prepared when you go in there and know what you're arguing and why.
[01:41:17.280 --> 01:41:29.280]  Well, they wrote me up for that driving under expired and defective muffler system and the day after that the car just became undrivable.
[01:41:29.280 --> 01:41:34.280]  I'm scrapping it. So I'm going to put in a couple of questions to dismiss.
[01:41:34.280 --> 01:41:43.280]  Right now your main issue here is how did the cop make the determination that the operator of the automobile was operating without a license?
[01:41:43.280 --> 01:41:47.280]  What was his probable cause to make the initial stop?
[01:41:47.280 --> 01:41:54.280]  You have to get them to articulate that in a way that you can use in court to show the stop itself was illegal
[01:41:54.280 --> 01:42:04.280]  and thus every other charge they got against you based upon what they found during that stop is inadmissible because it's also illegal.
[01:42:04.280 --> 01:42:10.280]  That's your first attack on what's happened to you at this time.
[01:42:10.280 --> 01:42:17.280]  You need to be digging into how to make that attack stick.
[01:42:17.280 --> 01:42:18.280]  Okay.
[01:42:18.280 --> 01:42:24.280]  Ken, Randy, do either of y'all have anything to input on that that would say do it differently?
[01:42:24.280 --> 01:42:30.280]  No. You just got to do your homework. You're in Michigan.
[01:42:30.280 --> 01:42:41.280]  If you're in Texas, we could give you somewhat more specifics, but not being familiar with Michigan law would be kind of difficult.
[01:42:41.280 --> 01:42:47.280]  You got to get your traffic code, your code of criminal procedure. That's the most important thing.
[01:42:47.280 --> 01:42:54.280]  Wherever the criminal procedure code is written in Michigan law, you need to find it and just read through it.
[01:42:54.280 --> 01:43:05.280]  This hearing you're going to, was it Monday? You said you have five days. That's just the first hearing. You don't have to have anything ready for that.
[01:43:05.280 --> 01:43:12.280]  Well, no. I don't have a hearing in five days. Monday I have to respond to the ticket.
[01:43:12.280 --> 01:43:17.280]  Yeah, okay. Well, that one, you don't have to have all your arguments ready yet.
[01:43:17.280 --> 01:43:22.280]  Oh, I know, I know. I just didn't know if there was some-
[01:43:22.280 --> 01:43:29.280]  Get your criminal procedure code and read it twice. It's not near as big as you think it is.
[01:43:29.280 --> 01:43:34.280]  All of these codes are outlines. There's a lot of white space. Read it twice.
[01:43:34.280 --> 01:43:40.280]  Once you've read it twice, then call us back and we'll be in a position to talk.
[01:43:40.280 --> 01:43:46.280]  Then we'll get down to brass tacks. This is Randy Kelton, Deborah Stevens, Eddie Craig, Google Law Radio.
[01:43:46.280 --> 01:43:52.280]  We're going into our last segment. Segment. I keep doing that wrong.
[01:43:52.280 --> 01:43:59.280]  And we've got three callers, so we really have to move along. Thank you, Jeff. We'll be right back.
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[01:46:21.280 --> 01:46:39.280]  All right, folks, we are back.
[01:46:39.280 --> 01:46:41.280]  This is Rule of Law Radio.
[01:46:41.280 --> 01:46:44.280]  We are in our last segment here on the show tonight.
[01:46:44.280 --> 01:46:48.280]  So we've got three other callers and 15 minutes to get it all taken care of.
[01:46:48.280 --> 01:46:53.280]  So, Randy, do you want to take the next one in line, please?
[01:46:53.280 --> 01:46:56.280]  Okay, we've got Frank from New York.
[01:46:56.280 --> 01:46:58.280]  What's on your mind, Frank?
[01:46:58.280 --> 01:47:01.280]  How are you doing, Randy?
[01:47:01.280 --> 01:47:08.280]  I've piled up a lot of problems, but they're all minor, so it's good.
[01:47:08.280 --> 01:47:09.280]  I had problems leaving New York.
[01:47:09.280 --> 01:47:12.280]  I'm in Key West right now enjoying the nice weather,
[01:47:12.280 --> 01:47:21.280]  and my girlfriend's son pressed a false charge against me
[01:47:21.280 --> 01:47:24.280]  because he didn't want his mother to go to Key West.
[01:47:24.280 --> 01:47:28.280]  He's 21 years old, and I don't think he realizes what he did
[01:47:28.280 --> 01:47:34.280]  because what he said was I ran him over with a car, but I didn't.
[01:47:34.280 --> 01:47:42.280]  And he got his police buddies in his little town to get a warrant for me.
[01:47:42.280 --> 01:47:46.280]  And his mother was in the car with me, and there was no running nobody over.
[01:47:46.280 --> 01:47:49.280]  You know what I mean?
[01:47:49.280 --> 01:47:51.280]  Was there an altercation?
[01:47:51.280 --> 01:47:52.280]  She's pretty much distraught about it.
[01:47:52.280 --> 01:47:54.280]  She doesn't know what to do.
[01:47:54.280 --> 01:47:56.280]  She's threatened to evict him.
[01:47:56.280 --> 01:48:00.280]  Well, he does understand he can go to jail for a false police report
[01:48:00.280 --> 01:48:02.280]  and filing false charges, right?
[01:48:02.280 --> 01:48:04.280]  Yes, he does, but he's desperate.
[01:48:04.280 --> 01:48:05.280]  He called her up.
[01:48:05.280 --> 01:48:08.280]  He said, I'm through with you,
[01:48:08.280 --> 01:48:15.280]  and he did some expletives on her cell phone
[01:48:15.280 --> 01:48:19.280]  and called her ungodly things, and they had a close relationship,
[01:48:19.280 --> 01:48:23.280]  and she's really, really confused now.
[01:48:23.280 --> 01:48:28.280]  And I'm in trouble now because she's my witness,
[01:48:28.280 --> 01:48:31.280]  and she's going to have to witness against her son.
[01:48:31.280 --> 01:48:32.280]  I mean, that's horrible.
[01:48:32.280 --> 01:48:35.280]  Then petition for a franks hearing.
[01:48:35.280 --> 01:48:36.280]  Something.
[01:48:36.280 --> 01:48:38.280]  I don't know what kind of hearing.
[01:48:38.280 --> 01:48:44.280]  Okay, file for a franks hearing or essentially an examining trial.
[01:48:44.280 --> 01:48:45.280]  They don't do examining trials,
[01:48:45.280 --> 01:48:53.280]  so the franks hearing is really the procedural equivalent of examining trial.
[01:48:53.280 --> 01:48:55.280]  All right.
[01:48:55.280 --> 01:48:57.280]  And label it a franks hearing.
[01:48:57.280 --> 01:49:02.280]  That way, if you just say you want a hearing to test the veracity
[01:49:02.280 --> 01:49:06.280]  of the witness who testified that she created the warrant,
[01:49:06.280 --> 01:49:07.280]  that won't sound as good.
[01:49:07.280 --> 01:49:08.280]  If you put a franks hearing,
[01:49:08.280 --> 01:49:10.280]  it'll sound like you really know what you're talking about
[01:49:10.280 --> 01:49:13.280]  because they won't even know what a franks hearing is.
[01:49:13.280 --> 01:49:14.280]  Okay.
[01:49:14.280 --> 01:49:15.280]  Thanks a lot, Randy.
[01:49:15.280 --> 01:49:17.280]  You'll have to look it up.
[01:49:17.280 --> 01:49:22.280]  When you get back, I would go down
[01:49:22.280 --> 01:49:28.280]  and make up a written request for an examining trial.
[01:49:28.280 --> 01:49:30.280]  Okay.
[01:49:30.280 --> 01:49:33.280]  And, okay, you're in New York?
[01:49:33.280 --> 01:49:34.280]  Oh, good.
[01:49:34.280 --> 01:49:35.280]  I'm in Florida.
[01:49:35.280 --> 01:49:38.280]  I'm in Key West right now avoiding all the crap.
[01:49:38.280 --> 01:49:39.280]  Okay.
[01:49:39.280 --> 01:49:43.280]  New York has a pretty good grand jury system as well.
[01:49:43.280 --> 01:49:47.280]  So make up a request for an examining trial,
[01:49:47.280 --> 01:49:49.280]  and go down and turn yourself in.
[01:49:49.280 --> 01:49:51.280]  Get rid of the warrant.
[01:49:51.280 --> 01:49:52.280]  Okay.
[01:49:52.280 --> 01:49:54.280]  Well, I'm having vacation right now,
[01:49:54.280 --> 01:49:55.280]  and I'm enjoying the weather.
[01:49:55.280 --> 01:49:57.280]  I'm thinking about doing it later
[01:49:57.280 --> 01:49:59.280]  because I don't want to let this kid get away
[01:49:59.280 --> 01:50:01.280]  with my whole vacation.
[01:50:01.280 --> 01:50:03.280]  Yeah, there's no hurry.
[01:50:03.280 --> 01:50:05.280]  Yeah, unless, of course, you get pulled over in Key West
[01:50:05.280 --> 01:50:07.280]  and they run it and find the warrant.
[01:50:07.280 --> 01:50:09.280]  No, they're not going to file.
[01:50:09.280 --> 01:50:10.280]  They've done it over three times already,
[01:50:10.280 --> 01:50:12.280]  and I've never...
[01:50:12.280 --> 01:50:15.280]  No, they're not going to file the warrant that far away.
[01:50:15.280 --> 01:50:16.280]  They're not going to want transport.
[01:50:16.280 --> 01:50:18.280]  What did they charge you with?
[01:50:18.280 --> 01:50:20.280]  I don't know what the charge is.
[01:50:20.280 --> 01:50:22.280]  I know that the policemen called.
[01:50:22.280 --> 01:50:24.280]  I didn't talk to them.
[01:50:24.280 --> 01:50:26.280]  I didn't even answer the phone.
[01:50:26.280 --> 01:50:28.280]  And I didn't...
[01:50:28.280 --> 01:50:30.280]  I don't want to engage these people.
[01:50:30.280 --> 01:50:31.280]  I'm not...
[01:50:31.280 --> 01:50:33.280]  I didn't do anything wrong.
[01:50:33.280 --> 01:50:37.280]  There's only a witness against the claimant.
[01:50:37.280 --> 01:50:40.280]  Well, you're not going to have the option of not engaging.
[01:50:40.280 --> 01:50:42.280]  Huh?
[01:50:42.280 --> 01:50:45.280]  You're not going to have the option of not engaging.
[01:50:45.280 --> 01:50:47.280]  You can wipe that thought out of your mind.
[01:50:47.280 --> 01:50:50.280]  This has to be addressed.
[01:50:50.280 --> 01:50:51.280]  I'm going to address it.
[01:50:51.280 --> 01:50:53.280]  But when I go back to New York, I'm going to address it.
[01:50:53.280 --> 01:50:55.280]  But I'm not going to talk to them on the phone
[01:50:55.280 --> 01:50:57.280]  where they can make up anything I said.
[01:50:57.280 --> 01:50:58.280]  It's all hearsay.
[01:50:58.280 --> 01:50:59.280]  I mean...
[01:50:59.280 --> 01:51:01.280]  Well, it's okay to talk to them on the phone.
[01:51:01.280 --> 01:51:03.280]  Just make sure you record it.
[01:51:03.280 --> 01:51:04.280]  Okay.
[01:51:04.280 --> 01:51:09.280]  We did record a conversation between her son and her,
[01:51:09.280 --> 01:51:11.280]  but I can't use that in court
[01:51:11.280 --> 01:51:15.280]  because that's between parties that are...
[01:51:15.280 --> 01:51:19.280]  If she knew it was being recorded, you can.
[01:51:19.280 --> 01:51:20.280]  Well, okay.
[01:51:20.280 --> 01:51:22.280]  Say that again?
[01:51:22.280 --> 01:51:25.280]  If she knew it was being recorded, you can.
[01:51:25.280 --> 01:51:27.280]  Yeah, but she's my witness.
[01:51:27.280 --> 01:51:29.280]  So what?
[01:51:29.280 --> 01:51:30.280]  That's the point.
[01:51:30.280 --> 01:51:32.280]  That makes her a better witness.
[01:51:32.280 --> 01:51:36.280]  Yes, because not only is she the witness to the facts at hand,
[01:51:36.280 --> 01:51:38.280]  she's the witness to the phone conversation,
[01:51:38.280 --> 01:51:40.280]  and she recorded the phone conversation
[01:51:40.280 --> 01:51:42.280]  to support her testimony.
[01:51:42.280 --> 01:51:44.280]  Okay, great.
[01:51:44.280 --> 01:51:46.280]  Yeah, but you're going to have a problem
[01:51:46.280 --> 01:51:50.280]  getting the kid's mother to testify against the son.
[01:51:50.280 --> 01:51:53.280]  Well, that's where the recording still comes in handy.
[01:51:53.280 --> 01:51:56.280]  If she won't testify, the recording can still be used.
[01:51:56.280 --> 01:51:58.280]  Correct.
[01:51:58.280 --> 01:52:00.280]  But can I present the recording
[01:52:00.280 --> 01:52:02.280]  and have her as a hostile witness
[01:52:02.280 --> 01:52:04.280]  because she's going to want to testify?
[01:52:04.280 --> 01:52:06.280]  Yes, I would not present the recording.
[01:52:06.280 --> 01:52:07.280]  I would take the recording
[01:52:07.280 --> 01:52:09.280]  and have it converted to a transcript
[01:52:09.280 --> 01:52:11.280]  and submit the transcript.
[01:52:11.280 --> 01:52:12.280]  Transcripted.
[01:52:12.280 --> 01:52:15.280]  Okay, so that takes care of that.
[01:52:15.280 --> 01:52:19.280]  That will get them running like cockroaches probably
[01:52:19.280 --> 01:52:21.280]  because they are wrong.
[01:52:21.280 --> 01:52:23.280]  I've never heard them fly.
[01:52:23.280 --> 01:52:24.280]  Okay, we really need to move quickly.
[01:52:24.280 --> 01:52:25.280]  We've got two more calls.
[01:52:25.280 --> 01:52:26.280]  Okay, but you guys go.
[01:52:26.280 --> 01:52:30.280]  I'll talk to you on Monday or something about Key West issues.
[01:52:30.280 --> 01:52:31.280]  All righty.
[01:52:31.280 --> 01:52:32.280]  Okay, good.
[01:52:32.280 --> 01:52:33.280]  Bye-bye.
[01:52:33.280 --> 01:52:34.280]  Thank you.
[01:52:34.280 --> 01:52:38.280]  Okay, we're going to go to Doug in Tennessee.
[01:52:38.280 --> 01:52:41.280]  What are all of those hillbillies up to, Doug?
[01:52:41.280 --> 01:52:43.280]  Can you hear me okay?
[01:52:43.280 --> 01:52:44.280]  Yes, we can.
[01:52:44.280 --> 01:52:46.280]  Okay, before all y'all do,
[01:52:46.280 --> 01:52:48.280]  we're listening, learning, and acting.
[01:52:48.280 --> 01:52:49.280]  I've got three quick questions.
[01:52:49.280 --> 01:52:51.280]  I'll try to be quick.
[01:52:51.280 --> 01:52:54.280]  Verify.
[01:52:54.280 --> 01:52:56.280]  You're getting some really bad...
[01:52:56.280 --> 01:52:59.280]  You're whistling or beeping on us there, Doug.
[01:52:59.280 --> 01:53:02.280]  Can you check the phone connection?
[01:53:02.280 --> 01:53:03.280]  Hang on.
[01:53:03.280 --> 01:53:05.280]  Are you wearing a headset?
[01:53:05.280 --> 01:53:12.280]  Is there any way to...
[01:53:12.280 --> 01:53:16.280]  You have a bad problem with the phone.
[01:53:16.280 --> 01:53:19.280]  It's feeding back really bad.
[01:53:19.280 --> 01:53:26.280]  If you have a headset on, turn the volume down in your ears.
[01:53:26.280 --> 01:53:28.280]  I'll check my...
[01:53:28.280 --> 01:53:30.280]  No, there's something wrong.
[01:53:30.280 --> 01:53:39.280]  Doug, try to call us back on a landline if you're on a cell phone, please.
[01:53:39.280 --> 01:53:40.280]  I think we lost...
[01:53:40.280 --> 01:53:41.280]  Doug, did we lose you?
[01:53:41.280 --> 01:53:43.280]  No, shoot.
[01:53:43.280 --> 01:53:46.280]  Okay, we lost Doug.
[01:53:46.280 --> 01:53:48.280]  Okay, Doug, call us back Monday.
[01:53:48.280 --> 01:53:52.280]  Okay, now we're going to go to Steve in Utah.
[01:53:52.280 --> 01:53:54.280]  Hello, Mr. Steve.
[01:53:54.280 --> 01:53:55.280]  Hello.
[01:53:55.280 --> 01:53:56.280]  How is it going?
[01:53:56.280 --> 01:53:57.280]  How are you doing?
[01:53:57.280 --> 01:53:59.280]  Very good, very good, very good.
[01:53:59.280 --> 01:54:06.280]  Got the U.S. Attorney's Office pissed at me and, well, we'll see.
[01:54:06.280 --> 01:54:08.280]  Okay, did you...
[01:54:08.280 --> 01:54:12.280]  Okay, you had an issue in the federal court.
[01:54:12.280 --> 01:54:15.280]  You're trying to get somebody out of jail.
[01:54:15.280 --> 01:54:19.280]  You want to bring this up briefly and then give us your question or comment?
[01:54:19.280 --> 01:54:20.280]  Oh, no, no, that's not what I called you about.
[01:54:20.280 --> 01:54:25.280]  What I called you about is you know all these foreclosures going on?
[01:54:25.280 --> 01:54:29.280]  That has to do with what?
[01:54:29.280 --> 01:54:31.280]  Money.
[01:54:31.280 --> 01:54:37.280]  No, that has to do with land.
[01:54:37.280 --> 01:54:38.280]  You point?
[01:54:38.280 --> 01:54:42.280]  Your position is land, is it not?
[01:54:42.280 --> 01:54:44.280]  Wait, do what?
[01:54:44.280 --> 01:54:49.280]  Your position in the foreclosure is your land, is it not?
[01:54:49.280 --> 01:54:51.280]  No, it's your property.
[01:54:51.280 --> 01:54:52.280]  It's on land.
[01:54:52.280 --> 01:54:55.280]  Property is the land, correct?
[01:54:55.280 --> 01:54:58.280]  Okay, what's your point?
[01:54:58.280 --> 01:55:04.280]  My point is who has correct venue for land?
[01:55:04.280 --> 01:55:10.280]  Whoever has venue over the territory where the land sits.
[01:55:10.280 --> 01:55:15.280]  Okay, the land court is your county court.
[01:55:15.280 --> 01:55:19.280]  The county court is the one that actually holds the bond on your land,
[01:55:19.280 --> 01:55:25.280]  which is why you file your deed of trust in the recorder's office.
[01:55:25.280 --> 01:55:28.280]  Now, the recorder's office takes all filings.
[01:55:28.280 --> 01:55:38.280]  That doesn't necessarily mean that the filing in the county recorder's office is just a place to put something on the public record.
[01:55:38.280 --> 01:55:41.280]  It doesn't apply in this sort of venue.
[01:55:41.280 --> 01:55:44.280]  My question is prove me wrong on the venue.
[01:55:44.280 --> 01:55:52.280]  The venue is land, and the only court that actually has venue is the county court.
[01:55:52.280 --> 01:55:58.280]  The question in a foreclosure is not the property and not the land.
[01:55:58.280 --> 01:55:59.280]  It's the contract.
[01:55:59.280 --> 01:56:02.280]  The question is the money owed.
[01:56:02.280 --> 01:56:09.280]  Well, it's the tax that's owed, not the money.
[01:56:09.280 --> 01:56:13.280]  Are you talking about a tax foreclosure?
[01:56:13.280 --> 01:56:16.280]  No, I'm not talking about a tax foreclosure.
[01:56:16.280 --> 01:56:20.280]  In a normal foreclosure, it's not tax.
[01:56:20.280 --> 01:56:24.280]  It's a contract issue, and it's about money.
[01:56:24.280 --> 01:56:26.280]  It can't be a contract issue because there's no contract.
[01:56:26.280 --> 01:56:31.280]  The contract would have been signed by two people if that's an issue.
[01:56:31.280 --> 01:56:32.280]  Not necessarily.
[01:56:32.280 --> 01:56:34.280]  A contract doesn't have to be signed at all.
[01:56:34.280 --> 01:56:39.280]  By anyone, it can be a verbal contract.
[01:56:39.280 --> 01:56:45.280]  A contract is established when two parties have a meeting of mind
[01:56:45.280 --> 01:56:49.280]  and something of value changes hands.
[01:56:49.280 --> 01:56:52.280]  The contract is created.
[01:56:52.280 --> 01:56:59.280]  By saying that only the buyer signed the contract, that doesn't mean it's not a contract.
[01:56:59.280 --> 01:57:10.280]  If the buyer signed the contract and the seller gave to the buyer something of value, some consideration,
[01:57:10.280 --> 01:57:13.280]  that consummates the contract.
[01:57:13.280 --> 01:57:14.280]  Okay.
[01:57:14.280 --> 01:57:15.280]  Yes.
[01:57:15.280 --> 01:57:17.280]  In UCC law, yes, absolutely.
[01:57:17.280 --> 01:57:19.280]  It construes the contract.
[01:57:19.280 --> 01:57:20.280]  It's really not a contract.
[01:57:20.280 --> 01:57:23.280]  It's actually a security.
[01:57:23.280 --> 01:57:25.280]  But it's not about the security either.
[01:57:25.280 --> 01:57:26.280]  It's about the land.
[01:57:26.280 --> 01:57:29.280]  You own the land at the time of signing of the deed of trust.
[01:57:29.280 --> 01:57:32.280]  No, land is secondary.
[01:57:32.280 --> 01:57:33.280]  It's about the contract.
[01:57:33.280 --> 01:57:35.280]  No, land is actually first.
[01:57:35.280 --> 01:57:38.280]  The venue of land is actually your county court.
[01:57:38.280 --> 01:57:44.280]  Yeah, but I don't know what's your point.
[01:57:44.280 --> 01:57:45.280]  Can you hear me, Randy?
[01:57:45.280 --> 01:57:46.280]  This is Ken.
[01:57:46.280 --> 01:57:47.280]  Yes.
[01:57:47.280 --> 01:57:48.280]  Hey, Ken.
[01:57:48.280 --> 01:57:52.280]  This may be true in other states, but in Texas it's not.
[01:57:52.280 --> 01:58:04.280]  The statutory law gives jurisdiction only to the issue of land to the district court.
[01:58:04.280 --> 01:58:06.280]  Okay.
[01:58:06.280 --> 01:58:08.280]  I am sorry, Floyd.
[01:58:08.280 --> 01:58:11.280]  We're running out of time.
[01:58:11.280 --> 01:58:16.280]  We won't get to you.
[01:58:16.280 --> 01:58:17.280]  Okay.
[01:58:17.280 --> 01:58:22.280]  We're out of time.
[01:58:22.280 --> 01:58:26.280]  We probably need more time to sort out what you're getting at.
[01:58:26.280 --> 01:58:29.280]  So thanks for calling in, Steve.
[01:58:29.280 --> 01:58:31.280]  Thanks to everybody for listening.
[01:58:31.280 --> 01:58:35.280]  This has been our Friday night four-hour marathon.
[01:58:35.280 --> 01:58:41.280]  This is Randy Kelton, Deborah Stevens, Eddie Craig with our special guest, Ken Magnuson.
[01:58:41.280 --> 01:58:47.280]  You may be confused with Ken Magnuson, which places the accent on the wrong lullaby,
[01:58:47.280 --> 01:58:50.280]  which I get chewed out for regularly.
[01:58:50.280 --> 01:58:55.280]  Listen to us, Eddie and Deborah, Monday on his traffic show.
[01:58:55.280 --> 01:59:11.280]  We'll be back Monday, and thank you for listening.
[01:59:25.280 --> 01:59:45.280]  We'll be back Monday, and thank you for listening.
[01:59:45.280 --> 01:59:56.280]  See you next time.