ROL_2011-03-18_16k_Hr1-2.timecode

[00:10.320 --> 00:15.120]  campaign of rape and murder, desecration of mosques and mutilation of corpses for the
[00:15.120 --> 00:16.480]  past two years.
[00:16.480 --> 00:21.120]  Despite repeated warnings about Azizullah's atrocities, he has remained on the payroll
[00:21.120 --> 00:27.660]  of the US military as part of the Afghan security guard, a select band of mercenaries.
[00:27.660 --> 00:32.040]  The House Energy and Commerce Committee passed legislation Monday voiding the Environmental
[00:32.040 --> 00:36.300]  Protection Agency's mandate to regulate heat-trapping gases.
[00:36.300 --> 00:41.000]  The bill effectively gutting the Clean Air Act is expected to pass the House, however
[00:41.000 --> 00:43.600]  there is opposition to the bill in the Senate.
[00:43.600 --> 00:47.900]  Senate Majority Leader Mitch McConnell has offered the same bill as an amendment to a
[00:47.900 --> 00:52.600]  small business bill in what critics say is an effort to sneak his bill through.
[00:52.600 --> 00:58.080]  The US Thursday denied a visa to acclaimed women's rights activist and former member
[00:58.080 --> 01:00.320]  of the Afghan parliament, Malalai Joya.
[01:00.320 --> 01:04.960]  The US Embassy told Joya it was denied because she lives underground.
[01:04.960 --> 01:10.440]  The Afghan women's mission called the decision obscene, adding, the reason Joya lives underground
[01:10.440 --> 01:14.760]  is because she faces the constant threat of death by having had the courage to speak up
[01:14.760 --> 01:17.080]  for women's rights.
[01:17.080 --> 01:22.800]  A study by the Pew Environment Group warns Canada must limit large-scale industrial activity
[01:22.800 --> 01:27.720]  in its boreal forests, the world's largest intact timberland, to preserve millions of
[01:27.720 --> 01:31.640]  lakes and rivers critical to forming Arctic sea ice.
[01:31.640 --> 01:36.940]  Canada's boreal forest contains more unfrozen fresh water than any other ecosystem, more
[01:36.940 --> 01:39.920]  than 197 million acres.
[01:39.920 --> 01:44.720]  Maintaining its flow, which contributes most of the fresh water flowing into the Arctic
[01:44.720 --> 01:50.240]  Ocean, is critical to forming Arctic ice as they decrease the salinity of the seawater,
[01:50.240 --> 01:51.880]  allowing it to freeze quicker.
[01:51.880 --> 01:57.160]  The study warns rapidly increasing forestry, oil, and gas extraction, mining, and hydropower
[01:57.160 --> 02:01.820]  generation are reducing the boreal's water quality and quantity.
[02:01.820 --> 02:06.240]  Lakes have been drained to access underground minerals or dispose of tailings and other
[02:06.240 --> 02:08.000]  mined waste.
[02:08.000 --> 02:13.040]  Erosion after logging is increasing amounts of silt and water flowing into rivers, reducing
[02:13.040 --> 02:15.640]  regional precipitation.
[02:15.640 --> 02:19.400]  Hydroelectric dams have also degraded the wetlands.
[02:19.400 --> 02:24.280]  Japanese engineers said Friday that burying the crippled Fukushima nuclear reactor in
[02:24.280 --> 02:29.200]  sand and concrete may be the only way to prevent a catastrophic radiation leak, the method
[02:29.200 --> 02:33.480]  used to seal huge leakages from Chernobyl in 1986.
[02:33.480 --> 02:38.000]  Officials said they still hope to connect a power cable to at least two reactors to
[02:38.000 --> 02:42.100]  restart water pumps needed to cool overheating nuclear fuel rods.
[02:42.100 --> 02:47.280]  It was the first time facility operator Tokyo Electric Power acknowledged that burying the
[02:47.280 --> 02:52.360]  plant was an option, and a sign that piecemeal actions, such as dumping water, were having
[02:52.360 --> 03:13.760]  little success.
[03:13.760 --> 03:43.020]  ¡G
[03:43.020 --> 03:50.020]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:50.020 --> 03:55.020]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:55.020 --> 04:01.020]  When you were eight and you had bad traits You'd go to school and learn the golden rule
[04:01.020 --> 04:06.020]  So why are you acting like a bloody fool? If you get hot then you must get cool
[04:06.020 --> 04:11.020]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:11.020 --> 04:17.020]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:17.020 --> 04:23.020]  You chuck it on that one, you chuck it on this one You chuck it on your mother and you chuck it on your father
[04:23.020 --> 04:26.020]  You chuck it on your brother and you chuck it on your sister
[04:26.020 --> 04:31.020]  Alright folks, good evening, this is Rule of Law Radio, this is Randy Kelton, Deborah Stevens, Eddie Craig
[04:31.020 --> 04:37.020]  Tonight we got a couple things, it is March 18th, 2011
[04:37.020 --> 04:42.020]  Good to have Randy back with us tonight instead of off like he was last night
[04:42.020 --> 04:44.020]  Yes indeed
[04:44.020 --> 04:46.020]  Now, go ahead Deborah
[04:46.020 --> 04:51.020]  Oh yeah, I was just gonna say I have an announcement again for those of y'all who did not hear last night
[04:51.020 --> 04:59.020]  There has been movement on House Bill 1937 in the House that is in the Criminal Jurisprudence Committee
[04:59.020 --> 05:06.020]  That is the bill that would banish the sexual molestations going on at the airport by TSA
[05:06.020 --> 05:11.020]  It has been scheduled for public hearing this coming Tuesday, March 22nd
[05:11.020 --> 05:14.020]  There is not a time set in place
[05:14.020 --> 05:20.020]  I did not get a chance to call the legislature today to find out what the deal is with the schedule
[05:20.020 --> 05:25.020]  Or when exactly the public hearing is
[05:25.020 --> 05:30.020]  From my understanding in these types of situations it's just sort of like you gotta get up there
[05:30.020 --> 05:32.020]  You pretty much have to take the whole day off
[05:32.020 --> 05:37.020]  You gotta assume that it's gonna happen first thing in the morning and get up there at like 8, 9 o'clock in the morning
[05:37.020 --> 05:40.020]  And sometimes have to sit around all day
[05:40.020 --> 05:45.020]  Depending on the bill if they really don't want public input they'll put it off into the evening
[05:45.020 --> 05:49.020]  Sometimes they don't get around to the hearing until 11 o'clock at night
[05:49.020 --> 05:56.020]  So folks we may want to organize with each other on Twitter and Facebook and things like this
[05:56.020 --> 05:59.020]  Social networking, text messaging, these sort of things
[05:59.020 --> 06:05.020]  May want to have a committee of people or just a couple of people that get up there first thing in the morning
[06:05.020 --> 06:10.020]  That can take the whole day off to watch and wait for when the hearing is actually gonna take place
[06:10.020 --> 06:15.020]  And then send out a tweet and text messages and such so that the rest of us can go up there
[06:15.020 --> 06:20.020]  Because I know it's gonna be very difficult for me to just sit around there all day long
[06:20.020 --> 06:24.020]  However we are gonna need some volunteers to do just that
[06:24.020 --> 06:31.020]  So that we can actually get our voices heard to show some public support for this bill
[06:31.020 --> 06:39.020]  Because it's do or die this is the only chance we're gonna get to have any input whatsoever on this bill
[06:39.020 --> 06:44.020]  And we definitely want to get this bill passed we do want to show our input that we do support it
[06:44.020 --> 06:51.020]  So folks if you want to volunteer help me set up some kind of organizational committee
[06:51.020 --> 06:55.020]  To get a few folks may we may need to take rotating shifts
[06:55.020 --> 07:01.020]  You know people taking turns to watch to see when they're actually gonna call this bill in the committee
[07:01.020 --> 07:06.020]  We need to have an organized effort here to get as many people up as possible
[07:06.020 --> 07:10.020]  As many people up there as possible at the right time for this hearing
[07:10.020 --> 07:16.020]  But yeah I'm pretty sure from talking to other people who have done these sorts of things before
[07:16.020 --> 07:21.020]  That the reason they don't post a time is because there is no scheduled time
[07:21.020 --> 07:25.020]  So folks if you want to organize with me on this send me an email
[07:25.020 --> 07:30.020]  Deborah D E B O R A H at rule of law radio dot com
[07:30.020 --> 07:35.020]  And let's get this organized effort to get people out there at the appropriate time
[07:35.020 --> 07:39.020]  So we don't have hundreds of us just sitting around there waiting all day
[07:39.020 --> 07:45.020]  We can have an organized effort to just get a few people and let everyone else know when it's time to go
[07:45.020 --> 07:51.020]  So that's all I have for tonight so Eddie you had something for us tonight
[07:51.020 --> 07:58.020]  Well I've been evaluating something that the callers from last night and other ones that we've had in the past have called in about
[07:58.020 --> 08:08.020]  And that is the Texas law enforcement agencies threats to arrest someone for failure to identify
[08:08.020 --> 08:10.020]  So I've been working on two different things today
[08:10.020 --> 08:17.020]  One is an affidavit and motion to quash complaint in speeding citations specifically
[08:17.020 --> 08:26.020]  And the other is coming up with an amendment to penal code section 3802 the failure to identify statute
[08:26.020 --> 08:38.020]  And what I've come up with is a subsection F to be amended to that section which more or less basically covers this aspect
[08:38.020 --> 08:47.020]  And that is that any peace officer as that term is defined in code of criminal procedure section whatever it is over there
[08:47.020 --> 08:56.020]  Threatens or otherwise uses adverse discretion however you want to word that
[08:56.020 --> 09:08.020]  Threatens to arrest an individual for failure to identify without having first arrested the person under some other lawful violation
[09:08.020 --> 09:20.020]  Is guilty of a simple assault or an assault in accordance with the terms of what is it 20.01 Randy or 20.02
[09:20.020 --> 09:29.020]  It's 22.04 but that really should go to official oppression
[09:29.020 --> 09:35.020]  I don't know we talked about the fact that he has an aggravated assault if he's carrying a loaded weapon
[09:35.020 --> 09:42.020]  It's a class A misdemeanor under 22.04 is it not if they do it without a weapon
[09:42.020 --> 09:48.020]  But if they're a public servant displaying a deadly weapon then it becomes aggravated assault
[09:48.020 --> 09:58.020]  That's if they commit assault but that's only if the officer is acting under color of his authority
[09:58.020 --> 10:04.020]  In this case he would be acting under specific authority he would just be exceeding that authority
[10:04.020 --> 10:10.020]  That wouldn't get him quite as clean as official oppression would
[10:10.020 --> 10:20.020]  Well let me take that road for just a second that you brought open there about him having acting under an authority
[10:20.020 --> 10:27.020]  If he's simply demanding without any other reason whatsoever to accost the individual in question
[10:27.020 --> 10:34.020]  If he's demanding that this person produce identification or be arrested for failure to do so
[10:34.020 --> 10:38.020]  What lawful authority is he actually acting under
[10:38.020 --> 10:44.020]  He's acting under his authority as a police officer to keep to peace
[10:44.020 --> 10:47.020]  Now he's exceeding that authority
[10:47.020 --> 10:56.020]  So unless the person is actually arrested and is arrested without cause
[10:56.020 --> 11:02.020]  It's going to be a lot harder to get to aggravated assault than it is to official oppression
[11:02.020 --> 11:10.020]  Dead bang. Exerted or purported to exert an authority does not expressly have it in the process denied citizen
[11:10.020 --> 11:14.020]  Full and free access to enjoyment of right that's dead bang
[11:14.020 --> 11:19.020]  I agree and I'm not saying that that would not be one of the charges that he's guilty of committing
[11:19.020 --> 11:24.020]  But I'm still not getting how the aggravated assault would not be a dead bang as well
[11:24.020 --> 11:33.020]  Considering that just as the terms of the charge you're mentioning states he is purporting to act under an authority
[11:33.020 --> 11:36.020]  That at the moment he does not have
[11:36.020 --> 11:40.020]  We're talking about him accosting someone that has done nothing
[11:40.020 --> 11:51.020]  I started to say asking a person for his identification is not assault but making a threat
[11:51.020 --> 11:53.020]  That was what your position was
[11:53.020 --> 11:54.020]  Correct
[11:54.020 --> 11:56.020]  Yeah that would be assault
[11:56.020 --> 12:01.020]  And since it falls under the auspices of a public official displaying a deadly weapon
[12:01.020 --> 12:09.020]  If we simply made this amendment to point directly to the conditions and precedents of the provisions of 2204
[12:09.020 --> 12:17.020]  Then he's just as guilty under that method of assault using this statute as he would be if he directly committed assault
[12:17.020 --> 12:19.020]  Yes he would
[12:19.020 --> 12:26.020]  If you make a verbal threat now that would be a threat to kidnap
[12:26.020 --> 12:28.020]  Correct
[12:28.020 --> 12:35.020]  And if he did so whilst displaying a deadly weapon you better take that threat serious
[12:35.020 --> 12:42.020]  So absolutely that would technically go to 2204 B2A
[12:42.020 --> 12:50.020]  However in doing the research on it no one has ever been charged with that offense
[12:50.020 --> 12:54.020]  As far as I can tell by checking Lexis and Westlaw
[12:54.020 --> 12:59.020]  And here's where subsection G amendment to 3802 would come in
[12:59.020 --> 13:06.020]  Since we've now stipulated in subsection F that a peace officer is guilty of assault
[13:06.020 --> 13:14.020]  In accordance with the provisions of 2204 under this new proposed subsection F
[13:14.020 --> 13:21.020]  Subsection G would then specify that failure of any prosecuting attorney for the state
[13:21.020 --> 13:29.020]  To take and file a complaint based upon a violation of this statute through this method or manner
[13:29.020 --> 13:37.020]  Is guilty of 38.05 code of criminal procedure hindering apprehension and prosecution
[13:37.020 --> 13:44.020]  In which case the person submitting the complaint shall deliver said complaint to the nearest magistrate
[13:44.020 --> 13:52.020]  Naming both the police officer and the prosecutor for the state as accomplices to the same act
[13:52.020 --> 14:00.020]  Okay we'd have to deliver them to a grand jury and that's already in code
[14:00.020 --> 14:03.020]  Well we could we could write it either way
[14:03.020 --> 14:06.020]  We don't need legislation for that that's already in code
[14:06.020 --> 14:15.020]  I understand that but I'm trying to make it where there's no discretion on the part of the individuals that are required to do this
[14:15.020 --> 14:21.020]  The problem is that's already in code how could we put more teeth into the code that's already there
[14:21.020 --> 14:31.020]  It would probably be a lot easier to get the legislature to to slightly change the wording of existing code
[14:31.020 --> 14:42.020]  How about raise the penalty to a higher level of sentencing or like raise it from you know class A misdemeanor to a class C felony or something like that
[14:42.020 --> 14:49.020]  Well the the problem is not the level of punishment the problem is getting the attorney for the state to do their job
[14:49.020 --> 14:57.020]  And what I'm looking for is a way to give them no discretion in making the determination that this crime was committed
[14:57.020 --> 15:09.020]  The officer since he did do this did violate the law and that the prosecutor had zero discretion which I know that under 2.03 he doesn't have
[15:09.020 --> 15:20.020]  But we've also got these guys recorded stating that their interpretation of the statute doesn't give them the requirement to do it which is baloney but it's what they're stating
[15:20.020 --> 15:24.020]  How do we put teeth in that one
[15:24.020 --> 15:31.020]  It would probably be easier to add teeth to that one because it would sneak up on the other one
[15:31.020 --> 15:37.020]  This one's already codified into code and it's been there a very long time it's well established
[15:37.020 --> 15:39.020]  Well we could amend
[15:39.020 --> 15:41.020]  We could try and amend
[15:41.020 --> 15:43.020]  I'm sorry go ahead
[15:43.020 --> 15:51.020]  It would probably be much easier to coax a legislature to slightly amend a long standing code
[15:51.020 --> 15:58.020]  Rather than to add new provisions to a code that's just recently been changed
[15:58.020 --> 16:11.020]  Well that's true maybe but since they were in the process of writing an amendment to this section I figured it would be just as easy to add it here as to amend 2
[16:11.020 --> 16:13.020]  That's a good point
[16:13.020 --> 16:24.020]  Even if we were to amend 2.03 the way to put more teeth in that that I can think of right off the top of my head is to basically stipulate straight out
[16:24.020 --> 16:35.020]  that failure of any prosecuting attorney for the state to obey the provisions of this section shall constitute such and such crime
[16:35.020 --> 16:42.020]  and the grand jury must mandatorily conduct an investigation into the allegation
[16:42.020 --> 16:44.020]  No we can't go there
[16:44.020 --> 16:45.020]  Why
[16:45.020 --> 16:50.020]  We can't touch the grand jury, 4th branch government we do not want to touch the grand jury
[16:50.020 --> 16:54.020]  About to go to break I'll explain why on the other side
[16:54.020 --> 16:59.020]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio
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[19:27.020 --> 19:33.020]  It's spinning like it's out of control on the edge of a hole inside a deep dark bowl
[19:33.020 --> 19:38.020]  I'm always on the lookout for something to soothe myself
[19:38.020 --> 19:44.020]  That's how I sit back and I watch the evidence unfold
[19:44.020 --> 19:48.020]  Okay, we're back. Randy Kelton, Deborah Stevens and Craig through Law Radio
[19:48.020 --> 19:56.020]  And we were talking about the kind at the end there that he mentioned a provision pointing toward the grand jury
[19:56.020 --> 20:04.020]  We need to be extremely careful when we start messing with the grand jury
[20:04.020 --> 20:09.020]  Grand jury is essentially a fourth branch of government
[20:09.020 --> 20:15.020]  If we start telling a grand jury that they have to investigate something
[20:15.020 --> 20:23.020]  We're likely to push them into doing it out of frustration and anger
[20:23.020 --> 20:28.020]  Because they're demanded to, but my real concern is
[20:28.020 --> 20:38.020]  Is that when we start making any law relating to what the grand jury can do and can't do
[20:38.020 --> 20:42.020]  We open a Pandora's box
[20:42.020 --> 20:46.020]  We don't want other people trying to tell the grand jury what to do
[20:46.020 --> 20:52.020]  No, I understand that, but when you're talking about amending the provisions of 2.03
[20:52.020 --> 20:56.020]  The only thing left to amend it to is something involving the grand jury
[20:56.020 --> 21:03.020]  Because it's already directed straight at the prosecuting attorney who is refusing to obey it
[21:03.020 --> 21:06.020]  Who else are you going to amend the language to apply to?
[21:06.020 --> 21:14.020]  Randy, isn't there already something in the code that says that the grand jury shall investigate into any criminal allegations presented to them
[21:14.020 --> 21:16.020]  That come to their knowledge?
[21:16.020 --> 21:18.020]  20.09
[21:18.020 --> 21:20.020]  Okay, so that's already there
[21:20.020 --> 21:24.020]  Yeah, but they're under the idea
[21:24.020 --> 21:27.020]  Because they're being manipulated by the prosecuting attorney
[21:27.020 --> 21:31.020]  That they don't have the authority to conduct an investigation
[21:31.020 --> 21:36.020]  That everything has to be already put together and brought to them in a neat little package
[21:36.020 --> 21:38.020]  And all they're supposed to do is decide
[21:38.020 --> 21:41.020]  They're not doing what the law requires
[21:41.020 --> 21:46.020]  Because the prosecuting attorney for the state has lied about what their duties are
[21:46.020 --> 21:48.020]  And how they're to go about them
[21:48.020 --> 21:52.020]  And instead has usurped that authority strictly to his department alone
[21:52.020 --> 21:56.020]  Well then that might not be a cause for a legislative change
[21:56.020 --> 22:02.020]  But rather for us as citizens to take a different kind of action
[22:02.020 --> 22:06.020]  And actually I was talking to some friends of mine this past weekend
[22:06.020 --> 22:09.020]  About what kind of actions we as citizens could take
[22:09.020 --> 22:11.020]  And I would like people to help me with this
[22:11.020 --> 22:15.020]  Because this was actually more along the lines of my original goal
[22:15.020 --> 22:18.020]  When I first started getting involved with trying to figure out
[22:18.020 --> 22:21.020]  How to deal with the grand jury system in the first place
[22:21.020 --> 22:24.020]  Which is we formed some kind of action committee
[22:24.020 --> 22:26.020]  Not a political action committee
[22:26.020 --> 22:30.020]  But a citizens group that we would put forth out there
[22:30.020 --> 22:33.020]  Perhaps like a non-profit organization
[22:33.020 --> 22:35.020]  That would be an educational tool
[22:35.020 --> 22:39.020]  An educational group to educate potential grand jurors
[22:39.020 --> 22:42.020]  And current grand jurors as to what their duties
[22:42.020 --> 22:45.020]  And authorities and rights really are
[22:45.020 --> 22:49.020]  And what the idea is that we put forth this group
[22:49.020 --> 22:51.020]  We set up this organization
[22:51.020 --> 22:55.020]  We have information available by pamphlet, DVD
[22:55.020 --> 22:58.020]  We run PSAs on the radio
[22:58.020 --> 23:03.020]  Calling for any current grand jurors to get in contact with us
[23:03.020 --> 23:07.020]  We do what they call pulling a Wendy
[23:07.020 --> 23:11.020]  We go on the morning of the day of the impaneling of the grand jury
[23:11.020 --> 23:13.020]  And we dress up in suits
[23:13.020 --> 23:16.020]  Don't make this some kind of crazy outrageous thing
[23:16.020 --> 23:19.020]  And we stand out on the sidewalk in front of the courthouse
[23:19.020 --> 23:23.020]  And hand out informational packets to the general public
[23:23.020 --> 23:25.020]  That way we can't be accused
[23:25.020 --> 23:27.020]  Well I guess they can accuse us of anything
[23:27.020 --> 23:30.020]  But it would be hard for charges to stick
[23:30.020 --> 23:33.020]  Regarding jury tampering like what they're trying to do to this professor
[23:33.020 --> 23:35.020]  Up in New York
[23:35.020 --> 23:38.020]  We just hand out informational packets to the general public
[23:38.020 --> 23:39.020]  Walking up and down the street
[23:39.020 --> 23:41.020]  Whether they go into the courthouse or not
[23:41.020 --> 23:45.020]  And that way we get the information to the grand jurors
[23:45.020 --> 23:48.020]  Before they're ever even impaneled
[23:48.020 --> 23:51.020]  Before the prosecutor has a chance to brainwash them
[23:51.020 --> 23:55.020]  And like I said if not then we've got the PSAs
[23:55.020 --> 23:57.020]  Running constantly on the radio
[23:57.020 --> 23:59.020]  We've got a slick looking website
[23:59.020 --> 24:03.020]  And that way another function of the group
[24:03.020 --> 24:06.020]  Is that once it gets established
[24:06.020 --> 24:10.020]  And earns some respect from the current grand jurors
[24:10.020 --> 24:13.020]  Then that group can actually act as an interface
[24:13.020 --> 24:16.020]  Between the general public and the grand jury
[24:16.020 --> 24:20.020]  And that's not to say that individual citizens
[24:20.020 --> 24:24.020]  Don't already have the right to access the grand jury
[24:24.020 --> 24:27.020]  They do but that is a very difficult thing to do
[24:27.020 --> 24:30.020]  And it can end up in a big fight and lots of 911 calls
[24:30.020 --> 24:32.020]  And people going to jail and stuff
[24:32.020 --> 24:34.020]  But if there's an entity out there
[24:34.020 --> 24:37.020]  That already has respect
[24:37.020 --> 24:40.020]  And is already in contact with the grand jury
[24:40.020 --> 24:46.020]  And has a perceived and accurate view of integrity
[24:46.020 --> 24:49.020]  In this situation and is trusted
[24:49.020 --> 24:51.020]  Then what can happen is that
[24:51.020 --> 24:54.020]  That organization can act as an interface
[24:54.020 --> 24:56.020]  Between the grand jury and the public
[24:56.020 --> 24:59.020]  And then the public can bring the group
[24:59.020 --> 25:00.020]  Their criminal complaints
[25:00.020 --> 25:02.020]  And then we get them to the grand jury directly
[25:02.020 --> 25:04.020]  And that way there's no fight
[25:04.020 --> 25:07.020]  Because there's already been a bridge established
[25:07.020 --> 25:11.020]  There's already been a line of communication open
[25:11.020 --> 25:13.020]  And so that is my next project
[25:13.020 --> 25:16.020]  My next activism project
[25:16.020 --> 25:19.020]  Is to establish this organization
[25:19.020 --> 25:21.020]  And build a website to that effect
[25:21.020 --> 25:23.020]  I've already got the materials put together
[25:23.020 --> 25:30.020]  It's basically already in my grand jury rights seminar
[25:30.020 --> 25:33.020]  That I give and I just need some volunteers
[25:33.020 --> 25:35.020]  Some people to help me put this all together
[25:35.020 --> 25:38.020]  To help condense my research that I've already done
[25:38.020 --> 25:41.020]  And put it together with nice graphics
[25:41.020 --> 25:45.020]  And typesetting and make it a reasonable size brochure
[25:45.020 --> 25:46.020]  And stuff like that
[25:46.020 --> 25:48.020]  And then we get the We Are Change crew
[25:48.020 --> 25:51.020]  To go hand it out on the morning of the impanelling
[25:51.020 --> 25:53.020]  And even at different times
[25:53.020 --> 25:56.020]  Don't just limit it to the morning of the impanelling
[25:56.020 --> 25:59.020]  But we get donations for the organization
[25:59.020 --> 26:02.020]  To have brochures printed up
[26:02.020 --> 26:04.020]  And go out there a couple times a week
[26:04.020 --> 26:05.020]  Once a week, whatever
[26:05.020 --> 26:09.020]  And just distribute this information to the general public
[26:09.020 --> 26:12.020]  Eventually some of it will get into the hands of the grand jury
[26:12.020 --> 26:15.020]  And that way this bridge will be gapped
[26:15.020 --> 26:17.020]  And we can directly access them
[26:17.020 --> 26:19.020]  Through this interface organization
[26:19.020 --> 26:22.020]  And that will require no legislation
[26:22.020 --> 26:25.020]  It won't be a government entity
[26:25.020 --> 26:26.020]  Or anything like that
[26:26.020 --> 26:30.020]  And again I realize that we do have the right
[26:30.020 --> 26:32.020]  And it's even enumerated in statute
[26:32.020 --> 26:35.020]  For individuals to be able to access the grand jury
[26:35.020 --> 26:38.020]  But it's not working very well on an individual basis
[26:38.020 --> 26:42.020]  And so I think if we establish an organization like this
[26:42.020 --> 26:44.020]  That that would be an activist tool
[26:44.020 --> 26:47.020]  In order to be able to get the public
[26:47.020 --> 26:51.020]  The public's complaints to the grand jury
[26:51.020 --> 26:54.020]  And as far as Randy's comments
[26:54.020 --> 26:56.020]  About being careful with the grand jury
[26:56.020 --> 26:58.020]  I have to agree
[26:58.020 --> 27:00.020]  It's a fourth branch of government
[27:00.020 --> 27:03.020]  The legislature really doesn't even have authority
[27:03.020 --> 27:07.020]  To dictate what the grand jury must and must not do
[27:07.020 --> 27:11.020]  In fact on a more ivory tower ethereal level
[27:11.020 --> 27:15.020]  I even question that law that requires the grand jury
[27:15.020 --> 27:18.020]  To investigate into any and all allegations presented to it
[27:18.020 --> 27:20.020]  And any further than that
[27:20.020 --> 27:22.020]  I seriously doubt the legislature
[27:22.020 --> 27:24.020]  Is even going to go there at all
[27:24.020 --> 27:28.020]  Grand jury activists have repeatedly gone to the legislature
[27:28.020 --> 27:30.020]  At state levels and the federal levels
[27:30.020 --> 27:32.020]  And Congress won't do it
[27:32.020 --> 27:34.020]  They say that's not our business
[27:34.020 --> 27:36.020]  We can't tell the courts what to do
[27:36.020 --> 27:38.020]  We can't tell the grand juries what to do either
[27:38.020 --> 27:40.020]  And so that's my take on it
[27:40.020 --> 27:42.020]  And I would like people to contact me
[27:42.020 --> 27:45.020]  As far as helping me to set up this organization
[27:45.020 --> 27:47.020]  That would be an interface to the grand jury
[27:47.020 --> 27:48.020]  An educational tool
[27:48.020 --> 27:51.020]  And help me put together PSAs and stuff like that
[27:51.020 --> 27:53.020]  Well this
[27:53.020 --> 27:55.020]  The legislation that I'm working on
[27:55.020 --> 27:57.020]  Regarding the citizens grand jury
[27:57.020 --> 27:59.020]  Or the special grand jury
[27:59.020 --> 28:01.020]  That's targeted directly at complaints
[28:01.020 --> 28:03.020]  Levied against public officials
[28:03.020 --> 28:05.020]  Would do everything you're talking about
[28:05.020 --> 28:07.020]  And there wouldn't be a need
[28:07.020 --> 28:09.020]  For a third party entity in that case
[28:09.020 --> 28:11.020]  Because there is a grand jury
[28:11.020 --> 28:13.020]  Directly accessible to the people
[28:13.020 --> 28:15.020]  For all intents and purposes
[28:15.020 --> 28:17.020]  Regarding any criminal
[28:17.020 --> 28:21.020]  Or alleged criminal activity by a public servant
[28:21.020 --> 28:23.020]  That would be taken care of directly
[28:23.020 --> 28:25.020]  In that legislation if we could get it passed
[28:25.020 --> 28:27.020]  Anyway
[28:27.020 --> 28:29.020]  Which would take it completely
[28:29.020 --> 28:31.020]  Out of the hands of the prosecuting attorney
[28:31.020 --> 28:33.020]  To even address
[28:33.020 --> 28:35.020]  Anything before that grand jury
[28:35.020 --> 28:37.020]  He's not allowed to even talk
[28:37.020 --> 28:41.020]  To that grand jury until an indictment's been handed down
[28:41.020 --> 28:43.020]  That would absolutely ensure
[28:43.020 --> 28:45.020]  The people's access
[28:45.020 --> 28:47.020]  And the government's accountability
[28:47.020 --> 28:49.020]  To the people through that mechanism
[28:49.020 --> 28:51.020]  That's one of the reasons why
[28:51.020 --> 28:53.020]  I want so hard to try to get that passed
[28:53.020 --> 28:55.020]  But
[28:55.020 --> 28:57.020]  Be that as it may
[28:57.020 --> 28:59.020]  If we're talking about affecting
[28:59.020 --> 29:01.020]  What the prosecuting attorney
[29:01.020 --> 29:03.020]  For the state does
[29:03.020 --> 29:05.020]  We're very limited in how we can do that
[29:05.020 --> 29:07.020]  The only way to do it
[29:07.020 --> 29:09.020]  Is to either separate a grand jury
[29:09.020 --> 29:11.020]  From government entirely
[29:11.020 --> 29:13.020]  Like what I'm talking about
[29:13.020 --> 29:15.020]  Or
[29:15.020 --> 29:17.020]  We have to alter
[29:17.020 --> 29:19.020]  Existing statute
[29:19.020 --> 29:21.020]  To require that the grand jury
[29:21.020 --> 29:23.020]  Ignore
[29:23.020 --> 29:25.020]  Any intercession by
[29:25.020 --> 29:27.020]  The prosecuting attorney
[29:27.020 --> 29:29.020]  In regard to certain types of criminal
[29:29.020 --> 29:31.020]  Reports
[29:31.020 --> 29:33.020]  There's really not much other way
[29:33.020 --> 29:35.020]  Out of that that I can see
[29:35.020 --> 29:37.020]  That's the problem
[29:37.020 --> 29:39.020]  Now if Randy or anybody
[29:39.020 --> 29:41.020]  If y'all got anything to say against that
[29:41.020 --> 29:43.020]  That's great, we'll pick that up on the other side
[29:43.020 --> 29:45.020]  Alright folks, we're gonna go to break, this is Rule of Law Radio
[29:45.020 --> 29:47.020]  Eddie Craig, Randy Kelton, Deborah Stevens
[29:47.020 --> 29:49.020]  We'll be right back after this break
[29:59.020 --> 30:01.020]  The Rule of Law Radio Network
[30:01.020 --> 30:03.020]  Is proud to present a due process
[30:03.020 --> 30:05.020]  Of law seminar hosted by our own
[30:05.020 --> 30:07.020]  Eddie Craig. Eddie is a former
[30:07.020 --> 30:09.020]  Nacogdoches County Sheriff's Deputy
[30:09.020 --> 30:11.020]  For the past 21 years he has studied
[30:11.020 --> 30:13.020]  The due process of law and now offers his
[30:13.020 --> 30:15.020]  Knowledge to you at a law seminar every
[30:15.020 --> 30:17.020]  Saturday from 3 o'clock to 6 o'clock
[30:17.020 --> 30:19.020]  At Brave New Books, located at
[30:19.020 --> 30:21.020]  1904 Guadalupe Street in Austin, Texas
[30:21.020 --> 30:23.020]  Admission is $20
[30:23.020 --> 30:25.020]  So please make plans to come and sit with
[30:25.020 --> 30:27.020]  Eddie and learn for yourself what the true
[30:27.020 --> 30:29.020]  Intent of law really is
[30:29.020 --> 30:31.020]  You're cruising the information
[30:31.020 --> 30:33.020]  Superhighway when suddenly you hit a
[30:33.020 --> 30:35.020]  Roadblock, a request for a login and
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[30:37.020 --> 30:39.020]  Check Dr. Catherine Albrecht with a Techno tip
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[31:09.020 --> 31:11.020]  You're reading something online when a
[31:11.020 --> 31:13.020]  Window pops up asking for your login and
[31:13.020 --> 31:15.020]  Password or you want to post a comment
[31:15.020 --> 31:17.020]  But you can't without creating a new account
[31:17.020 --> 31:19.020]  That means giving out your email address
[31:19.020 --> 31:21.020]  Then sitting around waiting for confirmation
[31:21.020 --> 31:23.020]  If the hassle factor wasn't bad enough
[31:23.020 --> 31:25.020]  There are all those unwanted newsletters
[31:25.020 --> 31:27.020]  And spam you're sure to receive once they
[31:27.020 --> 31:29.020]  Have your email address
[31:29.020 --> 31:31.020]  But BugMeNot.com has a solution
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[31:33.020 --> 31:35.020]  Bypass the login registration on
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[31:39.020 --> 31:41.020]  Password from BugMeNot, more often than not
[31:41.020 --> 31:43.020]  The roadblock clears
[31:43.020 --> 31:45.020]  Happy anonymous surfing
[31:45.020 --> 31:47.020]  I'm Dr. Catherine Albrecht, more news and
[31:47.020 --> 32:15.020]  Information at CatherineAlbrecht.com
[32:15.020 --> 32:43.020]  Alright folks, we are back. This is Rule of Law Radio.
[32:43.020 --> 32:45.020]  When we went to break I was asking
[32:45.020 --> 32:47.020]  Randy and Debra if they had any input on the
[32:47.020 --> 32:49.020]  Last statement I was making regarding
[32:49.020 --> 32:51.020]  The access to the
[32:51.020 --> 32:53.020]  Citizens grand jury so to speak
[32:53.020 --> 32:55.020]  Where we directly take
[32:55.020 --> 32:57.020]  Any and all complaints against a public
[32:57.020 --> 32:59.020]  Servant so that we're not
[32:59.020 --> 33:01.020]  Having to go through any governmental
[33:01.020 --> 33:03.020]  Entity to get our complaints
[33:03.020 --> 33:05.020]  Known to a grand jury
[33:05.020 --> 33:07.020]  That has the power to hold that
[33:07.020 --> 33:09.020]  Public servant accountable for
[33:09.020 --> 33:11.020]  Violations of the law
[33:11.020 --> 33:13.020]  Unlike the current grand jury
[33:13.020 --> 33:15.020]  System where the prosecuting attorney
[33:15.020 --> 33:17.020]  Runs interference for anything and
[33:17.020 --> 33:19.020]  Everything to prevent a prosecution
[33:19.020 --> 33:21.020]  From actually taking place
[33:21.020 --> 33:23.020]  By squelching an indictment
[33:23.020 --> 33:25.020]  Before it ever gets investigated by
[33:25.020 --> 33:27.020]  The grand jury
[33:27.020 --> 33:29.020]  So Randy, Debra, either one of y'all have
[33:29.020 --> 33:31.020]  Anything in particular on that?
[33:31.020 --> 33:33.020]  Well I was just going to say I can
[33:33.020 --> 33:35.020]  See your line of reasoning
[33:35.020 --> 33:37.020]  Even though there already are
[33:37.020 --> 33:39.020]  Laws on the books that
[33:39.020 --> 33:41.020]  Say that citizens have the right to
[33:41.020 --> 33:43.020]  Access the grand jury directly
[33:43.020 --> 33:45.020]  However
[33:45.020 --> 33:47.020]  Actually being able to do that
[33:47.020 --> 33:49.020]  Is a difficult, difficult thing
[33:49.020 --> 33:51.020]  On an individual basis
[33:51.020 --> 33:53.020]  The prosecutor always gets in the way
[33:53.020 --> 33:55.020]  And that's why I had the private entity
[33:55.020 --> 33:57.020]  Idea
[33:57.020 --> 33:59.020]  Citizens entity idea as an interface
[33:59.020 --> 34:01.020]  So I would say
[34:01.020 --> 34:03.020]  If we can't get your legislation passed
[34:03.020 --> 34:05.020]  Eddie then perhaps
[34:05.020 --> 34:07.020]  We could implement the
[34:07.020 --> 34:09.020]  Private organization idea
[34:09.020 --> 34:11.020]  The educational entity idea
[34:11.020 --> 34:13.020]  If we can't get the legislation passed
[34:13.020 --> 34:15.020]  So I guess that would be my comments
[34:15.020 --> 34:17.020]  On the issue
[34:17.020 --> 34:19.020]  Randy?
[34:19.020 --> 34:21.020]  Well
[34:21.020 --> 34:23.020]  I'm with Debra
[34:23.020 --> 34:25.020]  That we don't want to
[34:25.020 --> 34:27.020]  Mess with the
[34:27.020 --> 34:29.020]  Grand jury's
[34:29.020 --> 34:31.020]  Authorities
[34:31.020 --> 34:33.020]  But there are ways to get into them
[34:33.020 --> 34:35.020]  And we have the laws in place
[34:35.020 --> 34:37.020]  I'm reluctant
[34:37.020 --> 34:39.020]  To look for more law
[34:39.020 --> 34:41.020]  To give us a way
[34:41.020 --> 34:43.020]  To get to the grand jury
[34:43.020 --> 34:45.020]  Or get someone prosecuted
[34:45.020 --> 34:47.020]  I think this is a
[34:47.020 --> 34:49.020]  Situation where we have to get up
[34:49.020 --> 34:51.020]  Off our keisters
[34:51.020 --> 34:53.020]  And get down there and get this
[34:53.020 --> 34:55.020]  Job done. Well see that's why
[34:55.020 --> 34:57.020]  Me and my friends came up with the
[34:57.020 --> 34:59.020]  Private organization like the
[34:59.020 --> 35:01.020]  Nonprofit educational organization
[35:01.020 --> 35:03.020]  Entity to act
[35:03.020 --> 35:05.020]  As sort of an interface
[35:05.020 --> 35:07.020]  That would be permanently established
[35:07.020 --> 35:09.020]  Between the public and the grand jury
[35:09.020 --> 35:11.020]  And that way
[35:11.020 --> 35:13.020]  You know it's always easier to fight
[35:13.020 --> 35:15.020]  A battle when you have
[35:15.020 --> 35:17.020]  Teamwork going on
[35:17.020 --> 35:19.020]  If each one of us individually has to go
[35:19.020 --> 35:21.020]  Down there and fight this fight
[35:21.020 --> 35:23.020]  It's kind of like we're all reinventing the wheel
[35:23.020 --> 35:25.020]  Every time a fight comes up
[35:25.020 --> 35:27.020]  But if we can get this done once and for all
[35:27.020 --> 35:29.020]  As a group entity
[35:29.020 --> 35:31.020]  You know with an organization
[35:31.020 --> 35:33.020]  Then it will be something that's
[35:33.020 --> 35:35.020]  Established and then the public
[35:35.020 --> 35:37.020]  Could just go through the organization
[35:37.020 --> 35:39.020]  Through the nonprofit organization
[35:39.020 --> 35:41.020]  To get their complaints
[35:41.020 --> 35:43.020]  Directly to the grand jury because there are
[35:43.020 --> 35:45.020]  Already laws in the books that
[35:45.020 --> 35:47.020]  Say that the citizens can access
[35:47.020 --> 35:49.020]  The grand jury directly it's just
[35:49.020 --> 35:51.020]  Being able to do that is such
[35:51.020 --> 35:53.020]  A difficult thing and so
[35:53.020 --> 35:55.020]  That's why I came up with the idea of the organization
[35:55.020 --> 35:57.020]  Where like I said
[35:57.020 --> 35:59.020]  Not just limited to
[35:59.020 --> 36:01.020]  The morning of the empaneling
[36:01.020 --> 36:03.020]  But all the time
[36:03.020 --> 36:05.020]  Depending on how well the organization
[36:05.020 --> 36:07.020]  Is funded you know we
[36:07.020 --> 36:09.020]  Already can run PSAs on the network
[36:09.020 --> 36:11.020]  That's not going to cost anything
[36:11.020 --> 36:13.020]  More those PSAs will go out
[36:13.020 --> 36:15.020]  To the affiliates
[36:15.020 --> 36:17.020]  And so this
[36:17.020 --> 36:19.020]  Can go forth through
[36:19.020 --> 36:21.020]  Many cities
[36:21.020 --> 36:23.020]  And you know depending on
[36:23.020 --> 36:25.020]  How well funded the organization is
[36:25.020 --> 36:27.020]  We can hand out more pamphlets
[36:27.020 --> 36:29.020]  At various times eventually
[36:29.020 --> 36:31.020]  We're going to get the educational
[36:31.020 --> 36:33.020]  Tools into the hands of the current
[36:33.020 --> 36:35.020]  Grand juror members
[36:35.020 --> 36:37.020]  And they will be contacting
[36:37.020 --> 36:39.020]  Us and I think
[36:39.020 --> 36:41.020]  In lieu of
[36:41.020 --> 36:43.020]  Eddie's legislation
[36:43.020 --> 36:45.020]  That that would be a viable
[36:45.020 --> 36:47.020]  Solution go ahead what Randy
[36:47.020 --> 36:49.020]  Yeah there's something else
[36:49.020 --> 36:51.020]  That when I first came to
[36:51.020 --> 36:53.020]  Texas in Fort
[36:53.020 --> 36:55.020]  Worth once a month
[36:55.020 --> 36:57.020]  The grand jury met for the purpose
[36:57.020 --> 36:59.020]  Of hearing complaints
[36:59.020 --> 37:01.020]  From citizens
[37:03.020 --> 37:05.020]  That would be a reasonable
[37:05.020 --> 37:07.020]  Legislation to put in place
[37:07.020 --> 37:09.020]  I don't know I'm not so sure
[37:09.020 --> 37:11.020]  That I think it's a good idea to require
[37:11.020 --> 37:13.020]  The grand jury to do anything
[37:13.020 --> 37:15.020]  However we could put that idea
[37:15.020 --> 37:17.020]  In the educational packets
[37:17.020 --> 37:19.020]  As a suggestion that the
[37:19.020 --> 37:21.020]  Grand jury implements such
[37:21.020 --> 37:23.020]  A thing well but the thing
[37:23.020 --> 37:25.020]  Is I mean we're already
[37:25.020 --> 37:27.020]  Sitting here admitting that there is
[37:27.020 --> 37:29.020]  Legislation in place that
[37:29.020 --> 37:31.020]  Directs the grand jury to
[37:31.020 --> 37:33.020]  Specifically investigate
[37:33.020 --> 37:35.020]  Any criminal allegation brought to them
[37:35.020 --> 37:37.020]  That legislation
[37:37.020 --> 37:39.020]  Already exists
[37:39.020 --> 37:41.020]  The problem is bringing it to them
[37:41.020 --> 37:43.020]  Exactly all I'm
[37:43.020 --> 37:45.020]  Saying is that it be made a
[37:45.020 --> 37:47.020]  Crime to interfere with that
[37:47.020 --> 37:49.020]  Process in any way shape or
[37:49.020 --> 37:51.020]  Form and that the grand
[37:51.020 --> 37:53.020]  Jury be made aware that they are
[37:53.020 --> 37:55.020]  Obligated to do so
[37:55.020 --> 37:57.020]  Not that the
[37:57.020 --> 37:59.020]  Prosecuting attorney says oh you don't need to
[37:59.020 --> 38:01.020]  Worry about that but that
[38:01.020 --> 38:03.020]  The grand jury is obligated
[38:03.020 --> 38:05.020]  As a matter of law and due
[38:05.020 --> 38:07.020]  Process to look into
[38:07.020 --> 38:09.020]  That allegation period
[38:09.020 --> 38:11.020]  I'm not saying
[38:11.020 --> 38:13.020]  Yeah I'm not saying that
[38:13.020 --> 38:15.020]  The legislature should try to seize control
[38:15.020 --> 38:17.020]  Of them in any way but we've already
[38:17.020 --> 38:19.020]  Got it in place that they're supposed
[38:19.020 --> 38:21.020]  To be doing this they're just being
[38:21.020 --> 38:23.020]  Lied to outright
[38:23.020 --> 38:25.020]  By the prosecuting attorneys
[38:25.020 --> 38:27.020]  And they're trusted because
[38:27.020 --> 38:29.020]  They're prosecuting attorneys
[38:29.020 --> 38:31.020]  Well if legislation like that got in
[38:31.020 --> 38:33.020]  Place it certainly would make my life easier
[38:33.020 --> 38:35.020]  Because I've already got enough on my plate
[38:35.020 --> 38:37.020]  And I have to set
[38:37.020 --> 38:39.020]  Up an organization to do something like that
[38:39.020 --> 38:41.020]  Would be a difficult thing on top of
[38:41.020 --> 38:43.020]  Everything else that we have to do
[38:43.020 --> 38:45.020]  I suspect that a few of us
[38:45.020 --> 38:47.020]  Hammer the problem personally
[38:47.020 --> 38:49.020]  He'll change this
[38:49.020 --> 38:51.020]  Himself and I suspect
[38:51.020 --> 38:53.020]  A couple of good lawsuits against the
[38:53.020 --> 38:55.020]  County could
[38:55.020 --> 38:57.020]  Encourage the county
[38:57.020 --> 38:59.020]  Commissioners to
[38:59.020 --> 39:01.020]  Set aside
[39:01.020 --> 39:03.020]  A courtroom for the
[39:03.020 --> 39:05.020]  Use of the grand jury for the
[39:05.020 --> 39:07.020]  Purpose of hearing complaints
[39:07.020 --> 39:09.020]  Against citizens. County commissioners
[39:09.020 --> 39:11.020]  Could do that. Complaints by citizens
[39:11.020 --> 39:13.020]  Yeah complaints by
[39:13.020 --> 39:15.020]  Citizens
[39:15.020 --> 39:17.020]  If the county commissioner set it up
[39:17.020 --> 39:19.020]  Then
[39:19.020 --> 39:21.020]  It would be the prosecutor
[39:21.020 --> 39:23.020]  Would have to come up with some reason
[39:23.020 --> 39:25.020]  Why that couldn't be done
[39:25.020 --> 39:27.020]  And we do have precedent where it was
[39:27.020 --> 39:29.020]  Done
[39:29.020 --> 39:31.020]  I don't know about other counties but I certainly
[39:31.020 --> 39:33.020]  Know it was done in Fort Worth
[39:33.020 --> 39:35.020]  Alright now help me overcome this
[39:35.020 --> 39:37.020]  Thing which you've also announced before
[39:37.020 --> 39:39.020]  And that is that you cannot
[39:39.020 --> 39:41.020]  Actively sue a prosecuting
[39:41.020 --> 39:43.020]  Attorney for anything he does
[39:43.020 --> 39:45.020]  Or does not do
[39:45.020 --> 39:47.020]  He is fully shielded and protected
[39:47.020 --> 39:49.020]  So if we can't get him
[39:49.020 --> 39:51.020]  How do we get from there to the county
[39:51.020 --> 39:53.020]  Well we sue the
[39:53.020 --> 39:55.020]  County we don't sue him
[39:55.020 --> 39:57.020]  I understand that but based on
[39:57.020 --> 39:59.020]  Actions he did or did not
[39:59.020 --> 40:01.020]  Commit as a prosecuting attorney
[40:01.020 --> 40:03.020]  So how do we get there?
[40:03.020 --> 40:05.020]  I have to
[40:05.020 --> 40:07.020]  Be creative
[40:07.020 --> 40:09.020]  Well wait a minute the prosecutor is already required
[40:09.020 --> 40:11.020]  By law to reduce a complaint to
[40:11.020 --> 40:13.020]  That information and submit it to a grand juror
[40:13.020 --> 40:15.020]  To the grand jury if the complaint is
[40:15.020 --> 40:17.020]  Against a public servant so if he fails
[40:17.020 --> 40:19.020]  To do that he's just committed a crime
[40:19.020 --> 40:21.020]  Aren't all criminal actions
[40:21.020 --> 40:23.020]  A basis for a civil tort
[40:23.020 --> 40:25.020]  Yes and
[40:25.020 --> 40:27.020]  One would think so
[40:27.020 --> 40:29.020]  That's a ministerial
[40:29.020 --> 40:31.020]  Duty for which he has no
[40:31.020 --> 40:33.020]  Protection
[40:33.020 --> 40:35.020]  But he gets it
[40:35.020 --> 40:37.020]  I need to try that one
[40:37.020 --> 40:39.020]  I need to run that one up the flagpole
[40:39.020 --> 40:41.020]  I mean I thought all criminal
[40:41.020 --> 40:43.020]  Actions were basis for civil torts
[40:43.020 --> 40:45.020]  You're right they are
[40:45.020 --> 40:47.020]  If a tort arises
[40:47.020 --> 40:49.020]  From a criminal action that is
[40:49.020 --> 40:51.020]  You're right but now what have the court
[40:51.020 --> 40:53.020]  Said in regard to this
[40:53.020 --> 40:55.020]  If it can be shown that the person
[40:55.020 --> 40:57.020]  Acted in a
[40:57.020 --> 40:59.020]  Discretionary capacity
[40:59.020 --> 41:01.020]  Rather than a ministerial
[41:01.020 --> 41:03.020]  Capacity
[41:03.020 --> 41:05.020]  Then he's completely immune from prosecution
[41:05.020 --> 41:07.020]  But the prosecutor
[41:07.020 --> 41:09.020]  Has no discretion
[41:09.020 --> 41:11.020]  In that matter he is required
[41:11.020 --> 41:13.020]  To reduce the complaint to an information
[41:13.020 --> 41:15.020]  And submit it to the grand jury
[41:15.020 --> 41:17.020]  I agree with that too but the law also
[41:17.020 --> 41:19.020]  Says that we can directly sue a
[41:19.020 --> 41:21.020]  Municipality in any court of the state for
[41:21.020 --> 41:23.020]  Violation of constitution or law
[41:23.020 --> 41:25.020]  And the same courts we have to go
[41:25.020 --> 41:27.020]  Through for this particular thing
[41:27.020 --> 41:29.020]  Are the same ones that said that
[41:29.020 --> 41:31.020]  That a city
[41:31.020 --> 41:33.020]  Or municipalities can sue
[41:33.020 --> 41:35.020]  And be sued in any court
[41:35.020 --> 41:37.020]  Of this state was not clear enough
[41:37.020 --> 41:39.020]  Language to constitute the filing of
[41:39.020 --> 41:41.020]  A suit
[41:41.020 --> 41:43.020]  So you're saying that
[41:43.020 --> 41:45.020]  Why bother
[41:45.020 --> 41:47.020]  The courts are corrupt
[41:47.020 --> 41:49.020]  I'm simply pointing out the roadblocks that we've encountered
[41:49.020 --> 41:51.020]  I'm not saying don't do it
[41:51.020 --> 41:53.020]  I'm saying this is what we're expecting
[41:53.020 --> 41:55.020]  From these people
[41:55.020 --> 41:57.020]  Yeah absolutely they're totally corrupt
[41:57.020 --> 41:59.020]  And we expect them to be totally corrupt
[41:59.020 --> 42:01.020]  And we beat them with politics
[42:01.020 --> 42:03.020]  And the grand
[42:03.020 --> 42:05.020]  Jury has the best political
[42:05.020 --> 42:07.020]  Position I agree it's the reason
[42:07.020 --> 42:09.020]  Why I would much rather put it
[42:09.020 --> 42:11.020]  Into legislation where the grand jury
[42:11.020 --> 42:13.020]  Has the obligation to perform
[42:13.020 --> 42:15.020]  Those functions without regard of
[42:15.020 --> 42:17.020]  Anything said or done by
[42:17.020 --> 42:19.020]  Any government official whatsoever
[42:19.020 --> 42:21.020]  When it comes to a complaint
[42:21.020 --> 42:23.020]  Regarding a public servant
[42:23.020 --> 42:25.020]  Period Okay that's
[42:25.020 --> 42:27.020]  That's difficult because
[42:27.020 --> 42:29.020]  Unless
[42:29.020 --> 42:31.020]  We get legislation
[42:31.020 --> 42:33.020]  Repealed
[42:33.020 --> 42:35.020]  That grants the prosecutor
[42:35.020 --> 42:37.020]  The right to present
[42:37.020 --> 42:39.020]  To the grand jury
[42:39.020 --> 42:41.020]  You can do it by statutory right
[42:41.020 --> 42:43.020]  Well authority would say
[42:43.020 --> 42:45.020]  Unless we repeal that legislation
[42:45.020 --> 42:47.020]  We got a problem
[42:47.020 --> 42:49.020]  And I can't see that happening
[42:51.020 --> 42:53.020]  Yeah and let's keep in mind also
[42:53.020 --> 42:55.020]  That public servants have no rights
[42:55.020 --> 42:57.020]  They only have authorities that are
[42:57.020 --> 42:59.020]  Granted to them by the legislature
[42:59.020 --> 43:01.020]  Actually in this case
[43:01.020 --> 43:03.020]  The prosecuting attorney is given
[43:03.020 --> 43:05.020]  A statutory right
[43:05.020 --> 43:07.020]  Does it actually
[43:07.020 --> 43:09.020]  Does it actually say the word
[43:09.020 --> 43:11.020]  Right because I would consider that a
[43:11.020 --> 43:13.020]  Statutory authority
[43:13.020 --> 43:15.020]  I would consider that
[43:15.020 --> 43:17.020]  I would consider that a statutory authority
[43:17.020 --> 43:19.020]  Granted to him
[43:19.020 --> 43:21.020]  I mean unless it
[43:21.020 --> 43:23.020]  Says
[43:23.020 --> 43:25.020]  I mean unless it actually says
[43:25.020 --> 43:27.020]  In the law that it is a statutory
[43:27.020 --> 43:29.020]  Right and even if it did
[43:29.020 --> 43:31.020]  Say that It doesn't say right
[43:31.020 --> 43:33.020]  It says he
[43:33.020 --> 43:35.020]  Specifically
[43:35.020 --> 43:37.020]  May present to the grand jury Okay that's
[43:37.020 --> 43:39.020]  An authority That constitutes a right
[43:39.020 --> 43:41.020]  They didn't say right right right right can
[43:41.020 --> 43:43.020]  They said he can
[43:43.020 --> 43:45.020]  That's a right Okay well
[43:45.020 --> 43:47.020]  With public servants technically
[43:47.020 --> 43:49.020]  I think it's an authority
[43:49.020 --> 43:51.020]  You know they have the authority
[43:51.020 --> 43:53.020]  I don't care what it is it has the same outcome
[43:53.020 --> 43:55.020]  In effect
[43:55.020 --> 43:57.020]  Andy Kelton, Deborah Stevens,
[43:57.020 --> 44:25.020]  And Craig Woodwell Radio will be right back
[44:27.020 --> 44:29.020]  It's downtown at
[44:29.020 --> 44:31.020]  1904 Guadalupe street
[44:31.020 --> 44:33.020]  Just south of UT
[44:33.020 --> 44:35.020]  By UT there's never anywhere to park
[44:35.020 --> 44:37.020]  Down there
[44:37.020 --> 44:39.020]  Actually they now offer a free hour of parking
[44:39.020 --> 44:41.020]  For paying customers at the 500 MLK parking facility
[44:41.020 --> 44:43.020]  Just behind the bookstore
[44:43.020 --> 44:45.020]  It does exist
[44:45.020 --> 44:47.020]  But when are they open
[44:47.020 --> 44:49.020]  Monday through Saturday
[44:49.020 --> 44:51.020]  11am-9pm and 1-6pm on Sundays
[44:51.020 --> 44:53.020]  So give them a call at
[44:53.020 --> 44:55.020]  512-480-2503
[44:55.020 --> 44:57.020]  Or check out their events page at
[44:57.020 --> 45:25.020]  BraveNewBookstore.com
[45:27.020 --> 45:29.020]  We urge our listeners to please visit us at
[45:29.020 --> 45:31.020]  HempUSA.org
[45:31.020 --> 45:33.020]  And remember all of our products are chemical free
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[45:49.020 --> 45:51.020]  Or call 908-691-2608
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[47:01.020 --> 47:29.020]  HempUSA.org
[47:31.020 --> 47:33.020]  I live in California
[47:33.020 --> 47:35.020]  smoke regulatory office
[47:35.020 --> 47:37.020]  of statutory authority
[47:37.020 --> 47:39.020]  However
[47:39.020 --> 47:41.020]  Anyone can present
[47:41.020 --> 47:43.020]  To a grand jury, if they are
[47:43.020 --> 47:45.020]  Requested by the grand jury
[47:45.020 --> 47:47.020]  To do so
[47:47.020 --> 47:49.020]  And this is the thing that
[47:49.020 --> 47:51.020]  I want to go after
[47:51.020 --> 47:53.020]  That I've heard of people
[47:53.020 --> 47:55.020]  Making criminal accusations
[47:55.020 --> 47:57.020]  And being told by the
[47:57.020 --> 47:59.020]  US attorney that he will charge
[47:59.020 --> 48:05.660]  grand jury, and I'm looking forward to that. Take your best shot, Bubba, and I'll
[48:05.660 --> 48:09.380]  charge you with tampering with a witness, and we'll see which one the grand jury
[48:09.380 --> 48:16.060]  agrees with. Jerk. Yeah, and I wanted to make more comments about this rights and
[48:16.060 --> 48:22.100]  privileges and authorities and duties issue, and you know, this is something
[48:22.100 --> 48:26.700]  very important that I learned from my very good friend Michael Badnarek, and I
[48:26.700 --> 48:32.520]  wasn't trying to argue with Randy about semantics or details or frivolous
[48:32.520 --> 48:39.100]  details concerning words, because it is a very important principle. It goes to, and
[48:39.100 --> 48:43.460]  it goes to what the definitions of these words are, and they're very different, and
[48:43.460 --> 48:47.740]  it goes to your mental posture when you are dealing with these people. Only
[48:47.740 --> 48:55.140]  sovereigns have rights. A right is something that is inherent. It's
[48:55.140 --> 49:00.500]  unalienable. Not inalienable. It is unalienable. That means you can't lien it.
[49:00.500 --> 49:06.780]  You can't require a license for it. You can't take it away. It is inherent. It is
[49:06.780 --> 49:15.220]  part of you. You were born with it, okay? Sovereigns have rights. Public servants
[49:15.220 --> 49:21.260]  do not have rights in their capacity as a public servant, that is. When they're
[49:21.260 --> 49:25.420]  in their sovereign capacity, of course they have rights, but in their capacity
[49:25.420 --> 49:31.220]  as a public servant, they have no rights. There is no such thing as a statutory
[49:31.220 --> 49:36.740]  right. There's no such thing as civil rights, okay? Civil rights are
[49:36.740 --> 49:41.380]  quote-unquote statutory rights. They are legislated. They are given to you by a
[49:41.380 --> 49:44.740]  piece of paper. There's really no such thing. This goes to the difference
[49:44.740 --> 49:49.380]  between rights and privileges. You're born with rights. A privilege is
[49:49.380 --> 49:54.780]  something that you have to earn or need permission for, alright? And when
[49:54.780 --> 50:00.580]  it comes to authorities and duties, public servants are granted authorities
[50:00.580 --> 50:06.180]  and they have duties that are required of them. So when you see the word may, a
[50:06.180 --> 50:11.980]  prosecutor may do such-and-such, it's not a duty because if it was a duty,
[50:11.980 --> 50:16.660]  the word shall would be there. But if it says a prosecutor may do something,
[50:16.660 --> 50:23.780]  that is a delegated authority, okay? But it is not a right and I'm going to
[50:23.780 --> 50:28.460]  continue to harp on this every time anyone brings up any kind of talk that
[50:28.460 --> 50:32.460]  says, well, do the police have the right to do this or do the judges have the
[50:32.460 --> 50:37.500]  right to do that? Anytime you ask that question, my answer is going to be no
[50:37.500 --> 50:43.220]  because they have no rights. The real question is, do they have the authority
[50:43.220 --> 50:47.740]  to do this such-and-such or do they have a duty to do such-and-such? So this is
[50:47.740 --> 50:52.460]  very important that people get this into their brain regarding the mental
[50:52.460 --> 50:56.660]  posture because you have to realize they are public servants. Servants don't have
[50:56.660 --> 51:00.780]  rights. Children don't have rights. You know, I see, you know, going to the
[51:00.780 --> 51:05.540]  children example, I see a lot of times now there's a trend in
[51:05.540 --> 51:10.500]  parenting where the parents just let the kids do whatever they want unless the
[51:10.500 --> 51:15.740]  parents object to it and then they try to put a stop to the offensive behavior.
[51:15.740 --> 51:18.780]  It's totally different from the way I was raised. It's totally different from
[51:18.780 --> 51:24.420]  the way all my friends were raised and my parents and their parents. Kids
[51:24.420 --> 51:28.380]  didn't get to just do whatever they wanted to unless the parents said, hey, I
[51:28.380 --> 51:35.100]  don't like that. Children were not allowed to do anything unless they asked
[51:35.100 --> 51:40.180]  permission and then permission had to be granted. They couldn't just run hog
[51:40.180 --> 51:44.740]  wild unless the parents put a stop to it. See, that's the difference. That's the
[51:44.740 --> 51:48.260]  difference in the mental attitude and we have to have that attitude with the
[51:48.260 --> 51:53.220]  public servants. They can't just do whatever they want unless we object.
[51:53.220 --> 51:56.820]  They have to ask permission for anything and everything. We have to
[51:56.820 --> 52:02.660]  look to the statute to see what that permission is and so that, you know, not
[52:02.660 --> 52:06.700]  trying to go off on some libertarian rant here but these are very
[52:06.700 --> 52:11.060]  important concepts that people need to get here concerning the proper role of
[52:11.060 --> 52:20.500]  government. Yes, after World War II we had OS Neil and Benjamin Spock and other
[52:20.500 --> 52:26.500]  psychologists like him who came along and they said, you know, the way you've
[52:26.500 --> 52:30.580]  been raising your children and the way your parents raised you and their
[52:30.580 --> 52:34.780]  parents before you and on for the last six thousand years of recorded
[52:34.780 --> 52:41.860]  history, well that's all wrong. You should do it this way. You should let them find
[52:41.860 --> 52:48.580]  themselves. Don't discipline them. Don't curtail their creativity. I told this to
[52:48.580 --> 52:52.940]  my mother and I told her that, you know, mother, you and daddy were just a couple
[52:52.940 --> 52:57.700]  old ignorant hillbilly sharecroppers and you were just too ignorant to know any
[52:57.700 --> 53:02.260]  better so you raised me the way your parents raised you. And my mother said,
[53:02.260 --> 53:08.300]  well thanks a lot. And I said, yes mother, thanks a lot. I didn't appreciate it at
[53:08.300 --> 53:14.980]  the time but now that I'm of an age to understand those children I grew up with
[53:14.980 --> 53:22.540]  who weren't provided with good consistent discipline, they do not want
[53:22.540 --> 53:27.540]  to try to compete with me. They are out of their league.
[53:27.540 --> 53:36.460]  Benjamin Spock on his deathbed said, I have ruined a generation. And he was
[53:36.460 --> 53:44.980]  wrong. He ruined two. Oh boy. But I think the third generation is figuring it out and they'll
[53:44.980 --> 53:52.020]  get it straightened out. And that's my story and I'm sticking to it. All right.
[53:52.020 --> 53:58.180]  The phone lines are open. 512-646-1984. Call in if you have a
[53:58.180 --> 54:05.740]  question or if you want to play Stump to Chumps or Chump to Stumps. Well I've got
[54:05.740 --> 54:09.380]  something to try to stump you with there, Randy. Okay and after that I've got
[54:09.380 --> 54:12.900]  an update on this surcharge issue too that you all are gonna love but go ahead
[54:12.900 --> 54:18.940]  first, Eddie. Okay. Have you come across anything that specifically states as far
[54:18.940 --> 54:26.820]  as case sightings goes that says that an affidavit cannot or should not contain
[54:26.820 --> 54:32.860]  decisions of courts, in other words case law sightings, as a part of the facts
[54:32.860 --> 54:39.340]  relied upon for the purpose of creating the affidavit? I haven't seen case laws
[54:39.340 --> 54:44.860]  to that effect but as a general principle a affidavit is a statement of
[54:44.860 --> 54:51.660]  fact and case law and argument in support is inappropriate for the
[54:51.660 --> 54:57.500]  statement of facts. If you want to put in arguments in support they
[54:57.500 --> 55:06.500]  should be in an addendum or an attached points in authorities but you
[55:06.500 --> 55:17.180]  cannot swear on your oath to an opinion, a legal argument. You can only swear on
[55:17.180 --> 55:24.020]  your oath to facts. Okay. That's that's my position and I'm sticking to it.
[55:24.020 --> 55:28.380]  Alright, Deborah, what was your update there? Okay, yeah, I've got an update
[55:28.380 --> 55:33.740]  regarding the surcharge issue and folks who were listening on Monday night heard
[55:33.740 --> 55:38.420]  me read these letters some of these letters going back and forth between my
[55:38.420 --> 55:44.740]  friend and the Department of Public Safety and this MSB which is a private
[55:44.740 --> 55:49.220]  corporation that's authorized under statute to deal with collections of
[55:49.220 --> 55:53.940]  surcharges on behalf of the Department of Public Safety and this
[55:53.940 --> 55:57.500]  of course has to do with the point system here where you rack up so many
[55:57.500 --> 56:01.540]  points on your driver's record for tickets. Well this letter writing
[56:01.540 --> 56:06.180]  campaign has been going back and forth between both sides all three different
[56:06.180 --> 56:12.580]  parties now my friend MSB a private corporation which is contracted by the
[56:12.580 --> 56:17.060]  Department of Public Safety to recover surcharges or collect surcharges and the
[56:17.060 --> 56:21.460]  Department of Public Safety itself. Well my friend has been trying to inquire
[56:21.460 --> 56:26.700]  concerning the amnesty not amnesty the indigency program that the Department of
[56:26.700 --> 56:33.500]  Public Safety is required to have under statute and on Monday just to give you
[56:33.500 --> 56:36.300]  know an overview and pay in case people weren't listening on Monday the
[56:36.300 --> 56:40.900]  Department of Public Safety finally got involved and sent a letter saying that
[56:40.900 --> 56:46.300]  they were not authorized and here we go again to the these specific words when
[56:46.300 --> 56:50.500]  they claim they are not authorized to waive a surcharge for indigency until
[56:50.500 --> 56:57.340]  September 2011. Well that's patently false there was a bill passed that authorizes
[56:57.340 --> 57:02.300]  the department to waive surcharges if the courts deem someone indigent at the
[57:02.300 --> 57:08.820]  time of the conviction and that does not go into effect until 2011 however there
[57:08.820 --> 57:15.580]  is law already on the books that off that required the department to to by
[57:15.580 --> 57:21.300]  rule to write rules to establish an indigency program and that was effective
[57:21.300 --> 57:27.420]  as of September 1st 2009 before that date the word in the law said the
[57:27.420 --> 57:33.060]  department may so in other words before September 1st 2009 the department was
[57:33.060 --> 57:38.180]  authorized to establish an agency program but not required to regarding
[57:38.180 --> 57:43.540]  surcharges specifically as of September 1st 2009 they were required to so my
[57:43.540 --> 57:46.540]  friend wrote this letter showing the statute showing the date where the
[57:46.540 --> 57:51.620]  legislature crossed out the word may and and and put the word shall well lo and
[57:51.620 --> 58:00.220]  behold a letter comes back today dated March 15th from in MSB now that the put
[58:00.220 --> 58:07.100]  now we're getting he's getting letters again from the the private entity that
[58:07.100 --> 58:14.700]  is contracted and now they're saying basically well our indigence program will
[58:14.700 --> 58:21.060]  be implemented in April of 2011 in the meantime you can apply for amnesty so
[58:21.060 --> 58:25.740]  folks it just goes to show and I'll read this letter on the other side because it
[58:25.740 --> 58:31.700]  really is as Randy would say a hoot alright it just goes to show that when
[58:31.700 --> 58:34.380]  you know what you're talking about and when you've done your research and you
[58:34.380 --> 58:38.540]  write proper letters you really can get some changes so now because of this one
[58:38.540 --> 58:44.580]  letter writing campaign that we've gone from no indigence program at all in the
[58:44.580 --> 58:48.660]  Department of Public Safety for surcharges to now oh well okay we're
[58:48.660 --> 58:52.940]  gonna have one as effective next month yeah they better and they better not
[58:52.940 --> 58:56.540]  suspend my friends driver's license either in the meantime so we'll be
[58:56.540 --> 59:01.020]  discussing this more on the other side we'll be right back the Bible remains
[59:01.020 --> 59:05.420]  the most popular book in the world yet countless readers are frustrated
[59:05.420 --> 59:09.940]  because they struggle to understand it some new translations try to help by
[59:09.940 --> 59:15.020]  simplifying the text but in the process can compromise the profound meaning of
[59:15.020 --> 59:21.460]  the scripture enter the recovery version first this new translation is extremely
[59:21.460 --> 59:26.500]  faithful and accurate but the real story is the more than 9,000 explanatory
[59:26.500 --> 59:31.220]  footnotes difficult and profound passages are opened up in a marvelous
[59:31.220 --> 59:35.460]  way providing an entrance into the riches of the word beyond which you've
[59:35.460 --> 59:40.300]  ever experienced before Bibles for America would like to give you a free
[59:40.300 --> 59:45.060]  recovery version simply for the asking this comprehensive yet compact study
[59:45.060 --> 59:53.780]  Bible is yours just by calling us toll-free at 1-888-551-0102 or by
[59:53.780 --> 01:00:04.700]  ordering online at free study Bible calm that's free study Bible calm Japanese
[01:00:04.700 --> 01:00:08.020]  police said Friday six thousand five hundred and forty eight people are
[01:00:08.020 --> 01:00:12.180]  confirmed dead and ten thousand three hundred and fifty four reported missing
[01:00:12.180 --> 01:00:15.940]  in the earthquake and tsunami adding that many other people have not been
[01:00:15.940 --> 01:00:21.660]  reported missing because entire families were lost in the disaster the House of
[01:00:21.660 --> 01:00:25.660]  Representatives passed legislation Thursday that would permanently bar NPR
[01:00:25.660 --> 01:00:30.500]  from receiving federal funds the latest escalation in conservatives campaign
[01:00:30.500 --> 01:00:34.380]  against the broadcaster Republicans had already voted to eliminate federal
[01:00:34.380 --> 01:00:38.500]  support for the Corporation for Public Broadcasting for the current fiscal year
[01:00:38.500 --> 01:00:45.580]  which helps public stations by NPR programming 33 people were killed Friday
[01:00:45.580 --> 01:00:49.700]  when Yemeni security forces and pro-government militias opened fire at
[01:00:49.700 --> 01:00:53.700]  an anti-government protest in Sana'a tens of thousands of people had gathered
[01:00:53.700 --> 01:00:58.420]  demanding president Ali Abdullah Saleh stepped down after over 30 years in
[01:00:58.420 --> 01:01:03.020]  power gunfire broke out when security forces tried to prevent anti-government
[01:01:03.020 --> 01:01:09.420]  worshippers from marching in Pakistan 43 people were killed Thursday after a CIA
[01:01:09.420 --> 01:01:14.020]  drone struck a meeting of local people Pakistan's military chief general
[01:01:14.020 --> 01:01:19.280]  Ashfaq Parvez Qayani said it is highly regrettable that a jirga of peaceful
[01:01:19.280 --> 01:01:23.860]  citizens including elders of the area was carelessly and callously targeted
[01:01:23.860 --> 01:01:28.820]  with complete disregard to human life a US official disagreed saying these
[01:01:28.820 --> 01:01:32.840]  people weren't gathering for a bake sale they were terrorists the mass killing
[01:01:32.840 --> 01:01:37.100]  followed Wednesday's release of CIA contractor Raymond Davis who was slated
[01:01:37.100 --> 01:01:41.340]  to be tried for murdering two men in Lahore but was released after paying two
[01:01:41.340 --> 01:01:45.420]  million dollars in blood money to the victims families thousands rallied
[01:01:45.420 --> 01:01:50.220]  across Pakistan against the u.s. 1,000 tribes people gathered in north was
[01:01:50.220 --> 01:01:54.700]  Ziristan calling for an immediate end to the CIA's clandestine drone strikes and
[01:01:54.700 --> 01:02:01.140]  for compensation to victims families Muammar Gaddafi announced a ceasefire
[01:02:01.140 --> 01:02:05.940]  Friday against protesters hours after the UN Security Council authorized a
[01:02:05.940 --> 01:02:10.140]  no-fly zone over Libya critics say Gaddafi was using the ceasefire to buy
[01:02:10.140 --> 01:02:14.480]  time Gaddafi had previously warned residents of Benghazi the eastern rebel
[01:02:14.480 --> 01:02:19.060]  stronghold his forces would show no mercy in an impending assault on the
[01:02:19.060 --> 01:02:24.320]  city fighting continued in the town of Misurata despite the ceasefire many in
[01:02:24.320 --> 01:02:28.660]  the rebel camp favor a no-fly zone but critics of the West say the u.s. and its
[01:02:28.660 --> 01:02:33.220]  allies motives are far from humanitarian they accuse the West of seeking to
[01:02:33.220 --> 01:02:37.780]  re-establish u.s. hegemony in the region and stabilize world oil prices
[01:02:37.780 --> 01:02:43.180]  researchers ash Bali and Zia Abu Rish wrote recently we do not argue that the
[01:02:43.180 --> 01:02:46.860]  international community has no obligation to support Libyan civilians
[01:02:46.860 --> 01:02:52.180]  but military force poses serious risks to the Libyan population with little
[01:02:52.180 --> 01:02:56.860]  benefit in terms of humanitarian protections
[01:03:06.540 --> 01:03:12.580]  you are listening to the rule of law radio network at rule of law radio comm
[01:03:12.580 --> 01:03:18.060]  live free speech talk radio at its best
[01:03:42.580 --> 01:03:45.060]  right
[01:03:58.700 --> 01:04:07.100]  this plan we get in there logic shoddy they gonna pay for the oil with my body
[01:04:07.100 --> 01:04:13.100]  for the boys with my money ain't gonna pay for the kids with my body
[01:04:13.100 --> 01:04:21.700]  the whole agenda smells funny I wanna fight in a war of my own okay we're gonna
[01:04:21.700 --> 01:04:29.460]  fight in the war of our own that one will be less accident prone indeed
[01:04:29.460 --> 01:04:34.140]  because we're calling the shots on this one okay so continuing on let me just
[01:04:34.140 --> 01:04:37.940]  finish up and callers please call in we've got one caller on the board right
[01:04:37.940 --> 01:04:42.020]  now guy from Arkansas so guy just hang in there you're first other than that we
[01:04:42.020 --> 01:04:47.100]  don't have any callers so callers please call in five one two six four six 1984
[01:04:47.100 --> 01:04:54.380]  and going back to this surcharge issue all right the this private entity was
[01:04:54.380 --> 01:04:58.380]  trying to claim for a while that there was no indigence program and then
[01:04:58.380 --> 01:05:04.180]  someone named mg from the Texas Department of Public Safety wrote
[01:05:04.180 --> 01:05:08.740]  bogus Lee claiming that the department was not currently authorized to waive a
[01:05:08.740 --> 01:05:13.780]  surcharge for indigence II which was a lie and I and I helped my friend write
[01:05:13.780 --> 01:05:19.580]  this letter basically nailing this person on how wrong they were using the
[01:05:19.580 --> 01:05:24.300]  statute and that that brings me to the lesson learned here is that folks this
[01:05:24.300 --> 01:05:28.980]  really isn't that hard okay we're not some kind of guru sitting up here on the
[01:05:28.980 --> 01:05:35.180]  radio we're just normal people who know how to read and that's really all there
[01:05:35.180 --> 01:05:39.380]  is to it and that that have a you know I like to think also we have firm
[01:05:39.380 --> 01:05:43.860]  standing in our principles and we mean business you know we're not we're mad as
[01:05:43.860 --> 01:05:48.340]  you know what and we're not gonna take it anymore but the main the main tools
[01:05:48.340 --> 01:05:54.900]  are knowing how to read and I will use a previous employment that I had when I
[01:05:54.900 --> 01:05:59.860]  used to work the computer repair shop and I was a computer tech and I also did
[01:05:59.860 --> 01:06:06.100]  the books for the computer repair shop and basically all of the text there you
[01:06:06.100 --> 01:06:11.580]  know a couple of them were certified in Windows or whatever but that's not where
[01:06:11.580 --> 01:06:17.140]  the real that's not where the real knowledge came from concerning how to
[01:06:17.140 --> 01:06:22.620]  fix computers without fail all of us every time when a computer would come in
[01:06:22.620 --> 01:06:27.140]  what we would do is you know well you know all of us had a certain amount of
[01:06:27.140 --> 01:06:31.660]  experience dealing with certain issues but we would always just evaluate the
[01:06:31.660 --> 01:06:35.420]  situation for the symptoms look at what was going on and then we would get on
[01:06:35.420 --> 01:06:42.620]  the internet and read and read forums tech forums and and people love to post
[01:06:42.620 --> 01:06:48.220]  about their problems and how they fixed on especially text that I do this for a
[01:06:48.220 --> 01:06:51.940]  living and they're kind of like warriors at night on the internet and they just
[01:06:51.940 --> 01:06:56.580]  love to help people for free and so we a lot of times we never we never even ask
[01:06:56.580 --> 01:06:59.860]  questions on these forms we would just do internet searches and find these
[01:06:59.860 --> 01:07:04.340]  different forms of different problems that matched you know the issues that
[01:07:04.340 --> 01:07:10.300]  were at hand and then we would do what works for people and that's how we fix
[01:07:10.300 --> 01:07:16.140]  computers I mean the bottom line is the lesson is the real tool is knowing how
[01:07:16.140 --> 01:07:22.340]  to read okay and so that's the point I'm trying to make regarding this change
[01:07:22.340 --> 01:07:25.500]  that apparently my friend has been able to make at the Department of Public
[01:07:25.500 --> 01:07:31.100]  Safety where all of a sudden now they magically have an indigency program for
[01:07:31.100 --> 01:07:36.580]  surcharges it's going to start in April of 2011 that wasn't in place before so
[01:07:36.580 --> 01:07:42.700]  see folks it does work actions do work everything is not all in vain and so I'm
[01:07:42.700 --> 01:07:48.540]  going to read this letter here and this came from the private corporation the
[01:07:48.540 --> 01:07:54.060]  MSB and they're writing and saying dear so-and-so we wish to acknowledge receipt
[01:07:54.060 --> 01:07:56.660]  of your correspondence regarding reduction in payments due to your
[01:07:56.660 --> 01:08:00.740]  indigent statics well I'm going to interject here technically my friend did
[01:08:00.740 --> 01:08:04.260]  not write to them this last letter they wrote to the Department of Public Safety
[01:08:04.260 --> 01:08:11.100]  the enforcement and compliance manager mg who was that we even demanded that mg
[01:08:11.100 --> 01:08:17.140]  tell us or my friend demanded of mg tell him who he is what is your first last
[01:08:17.140 --> 01:08:21.860]  and last name and they didn't write back but at any rate back to the letter the
[01:08:21.860 --> 01:08:26.820]  indigence program will be implemented in April of 2011 at that time additional
[01:08:26.820 --> 01:08:31.580]  information will be published on our website at www Texas surcharge online
[01:08:31.580 --> 01:08:36.780]  dot-com however you may be eligible for reduction in payments under the amnesty
[01:08:36.780 --> 01:08:40.820]  program that is being offered to participate in amnesty program you need
[01:08:40.820 --> 01:08:44.900]  to meet the following criteria you must have at least one surcharge assessed
[01:08:44.900 --> 01:08:50.380]  between September 30th 2004 and December 31st 2008 you must have at least one
[01:08:50.380 --> 01:08:55.900]  unpaid surcharge you must be in default for non payment for at least one of your
[01:08:55.900 --> 01:09:00.260]  surcharges if you meet all of the criteria you may apply online at Texas
[01:09:00.260 --> 01:09:05.420]  surcharge online dot-com or by telephone blah blah blah etc etc and they're
[01:09:05.420 --> 01:09:10.260]  saying please note all other obligations to the DPS including other surcharge
[01:09:10.260 --> 01:09:14.300]  accounts if applicable must be satisfied to ensure your driving privileges are
[01:09:14.300 --> 01:09:19.860]  not suspended or do not remain suspended you may contact DPS at such-and-such
[01:09:19.860 --> 01:09:27.460]  website or by email okay so basically it's true driving is a privilege because
[01:09:27.460 --> 01:09:33.060]  driving indicates acting in commerce on the public roadways and that is not a
[01:09:33.060 --> 01:09:38.100]  right because the roads are paid for by the public and the purpose is for travel
[01:09:38.100 --> 01:09:43.860]  we and we have a right to travel however if you want to conduct business on the
[01:09:43.860 --> 01:09:49.340]  roads for which I'm paying for that is a privilege and then yeah it is reasonable
[01:09:49.340 --> 01:09:54.140]  that that activity be taxed and licensed etc etc which brings me back to just
[01:09:54.140 --> 01:09:58.420]  finishing up the rant concerning rights versus privileges and rights being
[01:09:58.420 --> 01:10:03.700]  unalienable and God-given is the main thing and this goes to the principle of
[01:10:03.700 --> 01:10:08.300]  like land grants where you know in a situation where there's a government by
[01:10:08.300 --> 01:10:13.300]  monarchy where the king would give a land grant to the to barons and other
[01:10:13.300 --> 01:10:17.740]  landowners because when there's a king the king owns everything you don't know
[01:10:17.740 --> 01:10:25.900]  nothing unless you get a specific grant by the king well this goes to the
[01:10:25.900 --> 01:10:29.940]  principle of God-given rights God is a king he is our King Jesus is our King
[01:10:29.940 --> 01:10:36.220]  and he has given us life he has granted us with life and he gives us our rights
[01:10:36.220 --> 01:10:42.300]  so the rights are inherent by birth because he is the one who gave them to
[01:10:42.300 --> 01:10:47.260]  us and we must always keep that in mind public servants do not have rights so
[01:10:47.260 --> 01:10:52.420]  anyway that was just my last little rant about the rights versus privileges now
[01:10:52.420 --> 01:10:59.700]  again just to clarify what surcharges are a surcharge has is assessed when
[01:10:59.700 --> 01:11:05.340]  someone racks up so many points on their driving record for getting so many
[01:11:05.340 --> 01:11:10.220]  tickets within a certain period of time and I forgot exactly what that is but at
[01:11:10.220 --> 01:11:13.500]  any rate so that's the deal with the surcharge now the problem that my friend
[01:11:13.500 --> 01:11:19.860]  is going to run into here is that he is not going to qualify for this amnesty
[01:11:19.860 --> 01:11:24.180]  program because he has not been assessed a surcharge between the dates of
[01:11:24.180 --> 01:11:29.900]  September 30th 04 and December 31st 08 so he's in a state of legal limbo at
[01:11:29.900 --> 01:11:35.780]  this point he's demanding to know the terms and conditions of the indigence
[01:11:35.780 --> 01:11:40.740]  program which is not going to be implemented until sometime in April it
[01:11:40.740 --> 01:11:46.580]  doesn't say when so now he's going to have to write another tort letter saying
[01:11:46.580 --> 01:11:51.300]  we appreciate that there's an indigence program that is that will be established
[01:11:51.300 --> 01:11:56.740]  in April however I do not qualify for this is I'm just jotting down with the
[01:11:56.740 --> 01:12:00.260]  outline of the letter this isn't about me this is my friend I do not qualify
[01:12:00.260 --> 01:12:05.940]  for search for any of the amnesty program because I have not been assessed
[01:12:05.940 --> 01:12:13.220]  any surcharge between such and such dates so I will trust that you that the
[01:12:13.220 --> 01:12:20.100]  department will not suspend my license for the time period between now and when
[01:12:20.100 --> 01:12:26.020]  y'all finally implement your indigence program because in doing so would be
[01:12:26.020 --> 01:12:29.660]  grounds for a civil tort because technically there are supposed to have
[01:12:29.660 --> 01:12:35.020]  one right now so hopefully we can manage through our letter writing skills to
[01:12:35.020 --> 01:12:38.660]  muscle the department into not suspending my friends driver's license
[01:12:38.660 --> 01:12:43.660]  until such time as the indigence program is established because if they do they're
[01:12:43.660 --> 01:12:49.580]  gonna get a lawsuit okay anyway so that's the little rant about the
[01:12:49.580 --> 01:12:54.860]  surcharge well I will keep you folks posted on this issue all right in the
[01:12:54.860 --> 01:12:59.260]  meantime we are taking your calls now callers please call in five one two six
[01:12:59.260 --> 01:13:05.380]  four six nineteen eighty four we've got guy from Arkansas guy thank you for calling in what is on
[01:13:05.380 --> 01:13:11.180]  your mind tonight okay Deborah good evening can you hear me yeah we can hear
[01:13:11.180 --> 01:13:15.460]  you just fine go ahead okay thank you usually you know when you get clicked on
[01:13:15.460 --> 01:13:22.020]  you hear a little beep or something and then I know I'm on okay I just just want
[01:13:22.020 --> 01:13:28.820]  to ask for some opinions here among you in the group there of course I've got in
[01:13:28.820 --> 01:13:36.980]  the Court of Appeals of Arkansas here a unemployment claim appeals and I've got
[01:13:36.980 --> 01:13:45.560]  it structured on the use of language with with what they call double
[01:13:45.560 --> 01:13:52.820]  negative language and also what I wanted to know really is that if the court
[01:13:52.820 --> 01:14:03.540]  should see should side with me and agree with me and grant me my my day there's a
[01:14:03.540 --> 01:14:09.980]  title was a title 29 somewhere I think it is where you can you can charge for
[01:14:09.980 --> 01:14:17.260]  lawyers fees because I'm a pro se so you can charge for lawyers fees or something
[01:14:17.260 --> 01:14:22.980]  like that like $250 per hour or something like that can you can anyone
[01:14:22.980 --> 01:14:30.460]  elaborate on that at all okay I don't know what it is in Arkansas but in Texas
[01:14:30.460 --> 01:14:35.440]  you can charge for your attorney's fees but if you're pro se you cannot charge
[01:14:35.440 --> 01:14:43.180]  for your own time that kind of sucked but that's how they've structured the
[01:14:43.180 --> 01:14:48.460]  law that proceeds kind of don't get paid for their time because they're not
[01:14:48.460 --> 01:14:54.580]  licensed professionals yeah but there's something supposed to be you know and I
[01:14:54.580 --> 01:14:59.340]  wish I was more a that's why I'm asking is because I heard this and it's been a
[01:14:59.340 --> 01:15:07.020]  long time ago when I heard it that you can actually charge a certain amount for
[01:15:07.020 --> 01:15:12.380]  your legal for your legal time to produce the documents and everything
[01:15:12.380 --> 01:15:22.740]  okay I had I have a question yes okay can you read you broke up I'm sorry can
[01:15:22.740 --> 01:15:31.380]  you read actually yes I can why good good okay the only way to figure this
[01:15:31.380 --> 01:15:36.300]  out you'll just have to find it in the code and I've had people tell me the
[01:15:36.300 --> 01:15:42.300]  same thing and then I had other people tell me no you can't and then they showed
[01:15:42.300 --> 01:15:48.300]  me the case where the courts literally ruled against them that no you can't
[01:15:48.300 --> 01:15:56.900]  charge for your time if you had a an expert witness or there was if you had
[01:15:56.900 --> 01:16:01.860]  to pay a paralegal you could charge for that or an attorney but you couldn't
[01:16:01.860 --> 01:16:08.140]  charge for your own time so you have to check Arkansas law I was just teasing I
[01:16:08.140 --> 01:16:14.580]  was referring to Debra's comment earlier but yeah you just have to check the code
[01:16:14.580 --> 01:16:19.940]  on that okay I you know it was just a kind of like off off the top of my head
[01:16:19.940 --> 01:16:25.540]  thought when when I was calling you about this and that I can get some some
[01:16:25.540 --> 01:16:30.340]  easy answers there so thank you for that well guy listen yeah as long as you can
[01:16:30.340 --> 01:16:36.300]  do okay you could ask for it all they can do is not give it to you well guy as
[01:16:36.300 --> 01:16:40.820]  far as I understand you can submit what's called a bill of costs and so if
[01:16:40.820 --> 01:16:45.220]  you have specific out-of-pocket expenses like copies at Office Depot certified
[01:16:45.220 --> 01:16:50.380]  mailings the you know like Randy saying paying a paralegal these kinds of things
[01:16:50.380 --> 01:16:54.580]  you include in a bill of costs and you can sue for that but I don't think your
[01:16:54.580 --> 01:17:01.620]  time we'll be right back and Randy will explain more capital coin and bullion is
[01:17:01.620 --> 01:17:05.620]  your local source for rare coins precious metals and coin supplies in the
[01:17:05.620 --> 01:17:10.460]  Austin metro area we also ship worldwide we're a family-owned and operated
[01:17:10.460 --> 01:17:14.060]  business that offers competitive prices on your coin and metals purchases
[01:17:14.060 --> 01:17:18.660]  because of you Austin business has been so good that we've had to move to a new
[01:17:18.660 --> 01:17:22.940]  and bigger location we're now located at 7304 burnet Road
[01:17:22.940 --> 01:17:28.220]  suite a 1.2 miles north on burnet from our previous location we're on the west
[01:17:28.220 --> 01:17:32.660]  side of burnet Road in Stanley insurance building on the ground floor next to the
[01:17:32.660 --> 01:17:36.940]  Ishaban sushi and the genie car wash we're open Monday through Friday 10 to
[01:17:36.940 --> 01:17:41.580]  6 Saturdays 10 to 5 you're welcome to stop in during regular business hours or
[01:17:41.580 --> 01:17:48.060]  call 512-646-6440 ask for Chad or Becky and say that you heard about us on rule
[01:17:48.060 --> 01:17:52.300]  of law radio or Texas Liberty radio that's capital corn and bullion at our
[01:17:52.300 --> 01:18:01.140]  new location at 7304 burnet Road suite a or call 512-646-6440 my name is Randall
[01:18:01.140 --> 01:18:05.900]  Kelton and I co-host on rule of law radio we specialize in showing people
[01:18:05.900 --> 01:18:09.820]  how to strike back against corrupt public officials with the mortgage
[01:18:09.820 --> 01:18:14.020]  crisis worsening we set our sights on finding a remedy for people who have
[01:18:14.020 --> 01:18:17.940]  been cheated by their lenders if you have a mortgage or have paid yours off
[01:18:17.940 --> 01:18:22.500]  you have probably been cheated out of thousands but there is a remedy go to
[01:18:22.500 --> 01:18:31.460]  remedies in real estate calm or call me at 512-430-4140 and find out how to use
[01:18:31.460 --> 01:18:35.620]  the consumer protection laws to recover what the lenders have stolen through
[01:18:35.620 --> 01:18:40.260]  fraud and deception we will prepare for you a qualified written request that
[01:18:40.260 --> 01:18:44.460]  will expose the fraud and put the lenders on the dime lender fraud is
[01:18:44.460 --> 01:18:49.380]  bankrupting this country and it's time to fight back go to remedies in real
[01:18:49.380 --> 01:18:57.700]  estate calm or call 512-430-4140 and get the information you need to stop the
[01:18:57.700 --> 01:19:01.580]  money changers in their tracks
[01:19:01.580 --> 01:19:22.100]  okay okay folks we're back we're taking your calls 512-646-1984 and as we were
[01:19:22.100 --> 01:19:26.700]  going to break we're telling guy that as far as my understanding goes you can
[01:19:26.700 --> 01:19:32.860]  submit a bill of costs that can be recovered should you win your suit or in
[01:19:32.860 --> 01:19:37.580]  a counter suit if you win the counter suit and that basically means out-of-
[01:19:37.580 --> 01:19:43.700]  pocket expenses for things like copies at Office Depot printing this sort of
[01:19:43.700 --> 01:19:48.420]  thing certified mailings things that are out-of-pocket expenses a paralegal or an
[01:19:48.420 --> 01:19:53.860]  attorney but as far as charging for your own time I don't think so I'm pretty
[01:19:53.860 --> 01:19:59.140]  sure no Randy says no and I believe the answer is no as well however you could
[01:19:59.140 --> 01:20:04.220]  sue for you know depending on the situation pain and suffering and ask for
[01:20:04.220 --> 01:20:09.260]  punitive damages and this sorts of things so Randy go ahead you had more
[01:20:09.260 --> 01:20:16.700]  comments on this issue yeah you can always ask for it the worst that that
[01:20:16.700 --> 01:20:23.580]  can happen is they just deny it but most likely they'll tell you why okay Randy
[01:20:23.580 --> 01:20:32.020]  let me ask you this if I did so that in a bill of cost would I put that to the
[01:20:32.020 --> 01:20:39.460]  appellate appellees would I mail that to the appellees okay wait a minute this is
[01:20:39.460 --> 01:20:47.300]  not a you're in an in and it's the peel now yes you won't be okay you won't be
[01:20:47.300 --> 01:20:54.580]  able to submit any bills until there's been a ruling I understand that once
[01:20:54.580 --> 01:21:00.620]  once there's a ruling in your favor then you submit your bill to the court oh
[01:21:00.620 --> 01:21:08.020]  tell these would I not yeah whoever the other side is you have to wait guy I
[01:21:08.020 --> 01:21:11.740]  don't know if you heard Randy because it sounded like you were still talking
[01:21:11.740 --> 01:21:15.780]  while Randy was explaining you have to sit you can't submit your bill of cost
[01:21:15.780 --> 01:21:21.500]  until after the litigation is over and you and you have to win if you lose
[01:21:21.500 --> 01:21:25.420]  you're not if you're Lou if you lose you're not entitled to any reimbursement
[01:21:25.420 --> 01:21:29.380]  of any of your out-of-pocket expenses I understand that yes I know that let me
[01:21:29.380 --> 01:21:36.180]  ask you that one thing Randy and and Eddie if I sent you my argument on this
[01:21:36.180 --> 01:21:42.860]  particular case would you review it and send me back your opinions on this and
[01:21:42.860 --> 01:21:49.060]  it's got okay should I send my bill of costs with the opinion yes you can you
[01:21:49.060 --> 01:21:57.700]  can say yes and I will donate to your beer fund I'm just kidding okay yes
[01:21:57.700 --> 01:22:02.540]  send it send it to I'd like to see your arguments yeah I you know I got a first
[01:22:02.540 --> 01:22:08.300]  blush here with the unemployment compensation board here or the workforce
[01:22:08.300 --> 01:22:13.140]  services here in Arkansas and my brief was accepted and of course I just
[01:22:13.140 --> 01:22:16.580]  received the counter brief which is interesting because in one in one
[01:22:16.580 --> 01:22:21.660]  paragraph they say that the court has no jurisdiction but then in the coke in the
[01:22:21.660 --> 01:22:28.580]  conclusion part they say they they they rescind and say that we we hope that the
[01:22:28.580 --> 01:22:35.660]  that the court sees it in our view or something like that so you know I have
[01:22:35.660 --> 01:22:40.380]  to I'm having a lot of fun with this because I am based on part of my
[01:22:40.380 --> 01:22:49.140]  argument on the use of language okay and I'm I'm using a argument on double
[01:22:49.140 --> 01:22:53.140]  double negative which I think you you folks would find really interesting
[01:22:53.140 --> 01:23:01.020]  because they're using double negative language in in order to deny me extended
[01:23:01.020 --> 01:23:09.220]  benefits okay and so I use that as part of my argument as as plus of contract
[01:23:09.220 --> 01:23:13.180]  and of course you have to read my argument to actually fully understand
[01:23:13.180 --> 01:23:16.740]  where I'm coming from which I won't take up too much air time on that so I'll
[01:23:16.740 --> 01:23:23.100]  email you who should I send to you Randy we used to share with Eddie no send it
[01:23:23.100 --> 01:23:27.900]  send it to Eddie I'll get him to read it and explain it to me so I don't have to
[01:23:27.900 --> 01:23:36.100]  waste my time on it that's the kind of guy I am yeah yeah appreciate that me
[01:23:36.100 --> 01:23:43.980]  and sleep or distant cousins right now anyway what the heck but you know when
[01:23:43.980 --> 01:23:48.500]  we when we push the envelope of knowledge and we and we start going into
[01:23:48.500 --> 01:23:55.940]  those crevices where no one else has has explored or or questioned this is where
[01:23:55.940 --> 01:24:02.460]  we gain our knowledge and this is where we can you know help help blow that
[01:24:02.460 --> 01:24:06.780]  balloon of knowledge up to where we can gain more out of it and I really think
[01:24:06.780 --> 01:24:12.980]  that you'll appreciate my arguments here at least in this perspective of this
[01:24:12.980 --> 01:24:20.100]  facet of unemployment to where you know it may jog may help you guys you know
[01:24:20.100 --> 01:24:26.100]  think well hey you know what that's something that we ought to take into other
[01:24:26.100 --> 01:24:34.060]  realms of law and argument okay so I'll get that to you Eddie I'll probably get
[01:24:34.060 --> 01:24:37.060]  it to you sometime this week and you probably won't get it before Sunday or
[01:24:37.060 --> 01:24:41.140]  Monday but yeah yeah email me back give me your thoughts on that of course I'm
[01:24:41.140 --> 01:24:45.820]  open for any open-minded comments and I appreciate it very much and I love you
[01:24:45.820 --> 01:24:51.140]  folks I listen to you as much as I can and and just wish that I could support
[01:24:51.140 --> 01:24:58.300]  you more than I do okay well thank you very much and I know it is going to
[01:24:58.300 --> 01:25:04.260]  enjoy reading that he didn't need any sleep anyway okay there is a button for
[01:25:04.260 --> 01:25:09.060]  a donation to Eddie on the on the on the donations page I'm sorry go ahead Randy
[01:25:09.060 --> 01:25:14.940]  I hope that button is right below the button for a donation to Randy's beer
[01:25:14.940 --> 01:25:28.460]  fund okay thank you now we're going to go to Ray in North Carolina hello hello
[01:25:28.460 --> 01:25:34.820]  like say hello to the panel today unity panel thank you very much for all that
[01:25:34.820 --> 01:25:39.980]  you that you all are doing I'm just thankful that I found you last year I
[01:25:39.980 --> 01:25:48.900]  started my foreclosure dilemma said September of last year I was in the
[01:25:48.900 --> 01:25:56.300]  process of active review for modification from my servicer can I say
[01:25:56.300 --> 01:26:05.260]  the name sure I don't see why not yeah I have the servicer Wells Fargo was my
[01:26:05.260 --> 01:26:11.940]  servicer but I was under the impression all the time that I watched the mutual
[01:26:11.940 --> 01:26:19.820]  was my lender which I didn't know that Washington Mutual went under in 2008 but
[01:26:19.820 --> 01:26:25.140]  when I went to court after they foreclosed on me didn't realize that
[01:26:25.140 --> 01:26:29.580]  they had foreclosed because I'm still waiting for my modification to go
[01:26:29.580 --> 01:26:35.420]  through and once I went to court I thought I got my 10-day noticeable case
[01:26:35.420 --> 01:26:41.180]  a notice to vacate I went to court on that sixth day and reviewed my file
[01:26:41.180 --> 01:26:47.180]  because my background is I'm a paralegal my real estate paralegal I worked in the
[01:26:47.180 --> 01:26:51.460]  mortgage department of one of the largest banks in the country and my
[01:26:51.460 --> 01:26:57.420]  background is a real estate broker in the past so it took me five minutes just
[01:26:57.420 --> 01:27:06.700]  to review the court record and I saw all of the violations the first one was that
[01:27:06.700 --> 01:27:10.820]  their name was not on the note so I didn't realize that they were
[01:27:10.820 --> 01:27:16.820]  foreclosing on me pretending to be the lender however with all of these
[01:27:16.820 --> 01:27:22.500]  violations being in the file they were able to foreclose and fill my property
[01:27:22.500 --> 01:27:32.660]  so okay you are at the are you still in the property I well what happened is
[01:27:32.660 --> 01:27:39.940]  five days after I reviewed my file a file I filed a civil complaint 30 days
[01:27:39.940 --> 01:27:47.500]  or 33 days after that they defaulted baby fog did you move did you move for
[01:27:47.500 --> 01:27:53.420]  summary judgment on no answer default know what I did my first move was I
[01:27:53.420 --> 01:28:03.820]  moved for discovery for documents no no no you must move for the summary no
[01:28:03.820 --> 01:28:11.700]  answer default summary judgment how long ago was that well actually they
[01:28:11.700 --> 01:28:24.660]  defaulted November the 8th and 9th actually I okay have they it raises an
[01:28:24.660 --> 01:28:34.020]  issue that you mood for discovery have they subsequently filed an answer no
[01:28:34.020 --> 01:28:38.640]  they did not file an answer what they what they can hold on did they file a
[01:28:38.640 --> 01:28:47.780]  motion to dismiss yes they did that's an answer okay the motion to dismiss can be
[01:28:47.780 --> 01:28:53.180]  treated as an answer when did they file the motion to dismiss they they file
[01:28:53.180 --> 01:29:03.060]  that November actually it's November 17th did you respond to the motion to
[01:29:03.060 --> 01:29:13.780]  dismiss yes I did I responded I responded to that that too okay okay you
[01:29:13.780 --> 01:29:22.220]  are too late that you waived the no answer default excuse me I responded you
[01:29:22.220 --> 01:29:27.340]  responded to the rule 12 or to the motion to dismiss is this a suit in the
[01:29:27.340 --> 01:29:36.060]  state or federal estate this is superior okay okay you you waived your no answer
[01:29:36.060 --> 01:29:42.740]  default by responding to the motion to dismiss bummer okay we're about to go to
[01:29:42.740 --> 01:29:48.060]  break I call it number is five one two six four six nineteen eighty four we're
[01:29:48.060 --> 01:29:53.380]  talking to Ray in North Carolina we'll be back on the other side to finish up
[01:29:53.380 --> 01:30:02.180]  with great are you tired of depending on the supermarket for your family's food
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[01:31:20.540 --> 01:31:24.920]  hidden into the iPhone to see who's using the phone and where first the
[01:31:24.920 --> 01:31:28.580]  phone's microphone would pick up and analyze your heartbeat as a form of ID
[01:31:28.580 --> 01:31:32.720]  then it would grab a snippet of your conversation and send it to Apple for
[01:31:32.720 --> 01:31:37.900]  voice analysis the accelerometer or motion detector would analyze vibration
[01:31:37.900 --> 01:31:42.660]  patterns to see if you're walking or in a car train or bus finally they would
[01:31:42.660 --> 01:31:46.980]  remotely turn on the camera and snap photos of landmarks and street signs to
[01:31:46.980 --> 01:31:52.100]  ID your location without your knowledge call me paranoid but isn't this crossing
[01:31:52.100 --> 01:31:56.460]  a line I'm dr. Catherine Albrecht more news and information at Catherine Albrecht
[01:31:56.460 --> 01:32:14.980]  calm
[01:32:26.460 --> 01:32:31.460]  The wicked come with temptations
[01:32:31.460 --> 01:32:36.460]  They're trying to buy the whole place
[01:32:36.460 --> 01:32:42.460]  They wanna poison the nation
[01:32:42.460 --> 01:32:47.460]  Because they've fallen from grace
[01:32:47.460 --> 01:32:53.460]  I will not drink from that cup
[01:32:53.460 --> 01:32:58.460]  I just can't act that way
[01:32:58.460 --> 01:33:03.460]  Okay, we're back. Randy Kelton, Deborah Stevens, Eddie Craig from La Radio.
[01:33:03.460 --> 01:33:07.460]  We're talking to Ray in North Carolina.
[01:33:07.460 --> 01:33:18.460]  And when you filed the action, what were the causes of action you claimed in the suit?
[01:33:18.460 --> 01:33:26.460]  Fraud, fraudulent conveyance for not being the party of interest.
[01:33:26.460 --> 01:33:32.460]  UCC3 states that the party of interest has to be the holder.
[01:33:32.460 --> 01:33:39.460]  They presented a photocopy and their name was not endorsed on the note.
[01:33:39.460 --> 01:33:43.460]  Wait a minute, wait a minute, wait a minute. Those aren't causes of action.
[01:33:43.460 --> 01:33:50.460]  Oh, well one of my causes of action was misrepresentation.
[01:33:50.460 --> 01:33:55.460]  That's not a cause of action either.
[01:33:55.460 --> 01:34:00.460]  The reason I ask these questions, especially when someone's filing pro se,
[01:34:00.460 --> 01:34:07.460]  is there are things you have to understand about a civil pleading.
[01:34:07.460 --> 01:34:16.460]  If you prosecute someone criminally, they're prosecuted based on a violation of a criminal statute.
[01:34:16.460 --> 01:34:25.460]  If you prosecute someone civilly, you prosecute them based on a defined cause of action.
[01:34:25.460 --> 01:34:37.460]  So you must take what they have done and claim them in the terms of a defined cause of action.
[01:34:37.460 --> 01:34:49.460]  Fraud, common law fraud, fraud by non-disclosure, breach of fiduciary duty.
[01:34:49.460 --> 01:34:52.460]  Give me some others, Eddie. We've got a bunch of them.
[01:34:52.460 --> 01:35:00.460]  But you need to look at some suits that have been filed that are similar to yours.
[01:35:00.460 --> 01:35:03.460]  Yeah, tortious interference with a contract would be another.
[01:35:03.460 --> 01:35:12.460]  Yeah, and interference with perspective contract, damage to credit.
[01:35:12.460 --> 01:35:20.460]  Each of these has a set of elements and you must not only claim the cause of action,
[01:35:20.460 --> 01:35:25.460]  you must plead each element of the cause of action.
[01:35:25.460 --> 01:35:27.460]  But the court's going to wind up tossing it.
[01:35:27.460 --> 01:35:33.460]  So since you have a motion to dismiss, that is a great opportunity.
[01:35:33.460 --> 01:35:36.460]  Did you file an answer to the motion to dismiss?
[01:35:36.460 --> 01:35:45.460]  Well, they defaulted and I thought by them defaulting, then they've given up their right to object.
[01:35:45.460 --> 01:35:51.460]  Yeah, but you have to introduce something to prove that they're committing fraud.
[01:35:51.460 --> 01:36:00.460]  No, wait. Before you can even do that, you have to make a claim that they committed fraud.
[01:36:00.460 --> 01:36:04.460]  You have to make a claim under a cause of action.
[01:36:04.460 --> 01:36:08.460]  Now, okay, I'm trying to get the position that you're in.
[01:36:08.460 --> 01:36:12.460]  You filed a civil action. They filed a motion to dismiss.
[01:36:12.460 --> 01:36:17.460]  Have you filed a response to the motion to dismiss?
[01:36:17.460 --> 01:36:22.460]  Well, we had the motion to dismiss and my response, what they did was when they...
[01:36:22.460 --> 01:36:24.460]  Wait a minute, wait a minute, wait a minute.
[01:36:24.460 --> 01:36:27.460]  You didn't answer my question.
[01:36:27.460 --> 01:36:32.460]  Did you file an answer to the motion to dismiss?
[01:36:32.460 --> 01:36:36.460]  Yes, on the same day that they filed the motion, I had a motion prior to that.
[01:36:36.460 --> 01:36:45.460]  I filed a response to that motion to dismiss for the rules violation.
[01:36:45.460 --> 01:36:48.460]  Wait a minute, wait a minute. This doesn't make sense.
[01:36:48.460 --> 01:36:49.460]  Yeah.
[01:36:49.460 --> 01:36:56.460]  You filed a motion the same day they filed a motion to dismiss?
[01:36:56.460 --> 01:37:02.460]  No, what happened is when they found out that they, in default, they went to a clerk of court
[01:37:02.460 --> 01:37:09.460]  and got an extension for another 30 days and the reason was that they never received my complaint.
[01:37:09.460 --> 01:37:12.460]  So that wasn't a good call, so they did that in bad faith.
[01:37:12.460 --> 01:37:19.460]  Okay, stop. Did you have a process server serve the documents on the defendant?
[01:37:19.460 --> 01:37:26.460]  I sent a certified mail and I had proof of that, a certified mail and I showed that to the court.
[01:37:26.460 --> 01:37:33.460]  You're in North Carolina. Does North Carolina authorize personal service?
[01:37:33.460 --> 01:37:39.460]  Some states allow it, some states don't. Texas used to, they don't anymore.
[01:37:39.460 --> 01:37:48.460]  Yes, North Carolina's rule says that I can serve by certified mail and with an affidavit of proof of service.
[01:37:48.460 --> 01:37:56.460]  Okay, then you need to move to strike the motion to dismiss. Did you do that?
[01:37:56.460 --> 01:38:08.460]  Okay, what I did is within 30 days I filed an appeal, a notice of appeal.
[01:38:08.460 --> 01:38:19.460]  Wait a minute, wait a minute, hold on. You can't file a notice of appeal until you've had a final ruling in the case.
[01:38:19.460 --> 01:38:22.460]  Did the judge dismiss your pleading?
[01:38:22.460 --> 01:38:26.460]  Yes, he did. He filed an order to dismiss.
[01:38:26.460 --> 01:38:33.460]  Okay, you're not telling us everything. You're kind of jumping around on it. It's hard to keep up with what's going on.
[01:38:33.460 --> 01:38:45.460]  Okay, you filed a petition, they filed a motion for extension of time, then they filed a motion to dismiss.
[01:38:45.460 --> 01:38:50.460]  You filed an answer to the motion to dismiss or a response?
[01:38:50.460 --> 01:38:57.460]  What I did is I filed a motion to vacate the order for extension of time for rule violation.
[01:38:57.460 --> 01:39:01.460]  Okay, did the judge rule on that?
[01:39:01.460 --> 01:39:04.460]  He dismissed my motion.
[01:39:04.460 --> 01:39:09.460]  Okay, did you file an answer to the motion to dismiss?
[01:39:09.460 --> 01:39:15.460]  Yes, I did. I filed a motion to dismiss their motion to dismiss.
[01:39:15.460 --> 01:39:22.460]  No, no, no, wait, wait. That is not an answer to the motion to dismiss. You must file an answer.
[01:39:22.460 --> 01:39:30.460]  If you don't file an answer to the motion to dismiss and address the issues in the motion to dismiss, they stand uncontested.
[01:39:30.460 --> 01:39:38.460]  You filed a motion to strike the pleading and the court denied your motion to strike the pleading.
[01:39:38.460 --> 01:39:45.460]  That meant the pleading stands. Now you have to have an answer.
[01:39:45.460 --> 01:39:52.460]  If you didn't file an answer, that's why he dismissed. Did the judge dismiss with prejudice?
[01:39:52.460 --> 01:39:55.460]  Yes, he did.
[01:39:55.460 --> 01:40:05.460]  Then you're going to lose the appeal. You might want to file an action in the federal court.
[01:40:05.460 --> 01:40:12.460]  I don't want to refile. I don't want to refile.
[01:40:12.460 --> 01:40:16.460]  You're stuck. You're going to lose the appeal, I can assure you that.
[01:40:16.460 --> 01:40:26.460]  Well, I responded as an answer. My answer was the motion to dismiss their motion.
[01:40:26.460 --> 01:40:28.460]  That's not an answer.
[01:40:28.460 --> 01:40:29.460]  That's not an answer.
[01:40:29.460 --> 01:40:41.460]  You can file a motion to strike. A motion to dismiss stands as an answer from the defendant.
[01:40:41.460 --> 01:40:47.460]  The defendant can file a motion to dismiss saying that the suit is frivolous and all these other reasons.
[01:40:47.460 --> 01:40:54.460]  It would be unjust to force us to answer all of these issues.
[01:40:54.460 --> 01:40:58.460]  When the whole thing is unjust, it should be thrown out.
[01:40:58.460 --> 01:41:03.460]  So a motion to dismiss can stand in the place of an answer.
[01:41:03.460 --> 01:41:15.460]  Now, if the motion to dismiss is denied, then you can ask for an answer, but it stops the clock on the time you have to answer.
[01:41:15.460 --> 01:41:23.460]  A motion to strike the motion to dismiss does not stand as a response to the motion to dismiss.
[01:41:23.460 --> 01:41:30.460]  So they have a motion to dismiss that's uncontested. The judge had no option.
[01:41:30.460 --> 01:41:34.460]  Did you file a motion for reconsideration?
[01:41:34.460 --> 01:41:36.460]  No, I did not.
[01:41:36.460 --> 01:41:50.460]  Okay. When you get a ruling by the judge, an adverse ruling, the first thing you do is file a motion for reconsideration, or a rehearing, depending on what they call it in the state.
[01:41:50.460 --> 01:41:57.460]  And the judge will generally deny that, but that gives you time. That stops the appeal clock.
[01:41:57.460 --> 01:42:05.460]  And as soon as he denies the motion for reconsideration, then you file a notice of appeal.
[01:42:05.460 --> 01:42:09.460]  But in this case, you're going to have a problem.
[01:42:09.460 --> 01:42:30.460]  You can appeal the failure on the part of the judge to dismiss the motion to dismiss, but since they got a continuance from the clerk, the likelihood of you beating that is somewhere between little and none.
[01:42:30.460 --> 01:42:41.460]  Even if you show the... Okay, so here's the problem. You kind of think you might win based on law. It doesn't work that way.
[01:42:41.460 --> 01:42:51.460]  You win based on politics. If it's politically expedient, the court will ruin your favor. That's the way it works in the real world we live in.
[01:42:51.460 --> 01:43:08.460]  And that's why we work to create politics in our favor. And in order to do that as a pro se, your pleadings have to be better than their pleadings. Much, much better.
[01:43:08.460 --> 01:43:21.460]  And everything you do in the trial court is merely to lay the record for the court of appeals.
[01:43:21.460 --> 01:43:44.460]  I know this is difficult and it's hard for a pro se, especially when you don't understand all the rules. You struggle and you work hard and then you wind up missing things. And that's part of why we're here to try to kind of fill in the missing gaps and that's why we suggest everybody get jurisdictionary reading.
[01:43:44.460 --> 01:43:59.460]  Okay, we'll finish up on the other side and then we'll go to Gary from Texas. This is Randy Kelton, Deborah Stevens, Andy Craig, Root of Law Radio. We'll be right back.
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[01:46:13.460 --> 01:46:23.460]  Okay, we're back. Brandi Kelton, Deborah Steuben, Debbie Craig, Rule of Law Radio. The phone lines are open, 512-646-1984.
[01:46:23.460 --> 01:46:30.460]  We were talking to Ray from North Carolina, but she dropped off. This is difficult.
[01:46:30.460 --> 01:46:45.460]  It's especially difficult when I get a call like this where someone struggled this hard and made some structural errors that could cost her everything.
[01:46:45.460 --> 01:47:00.460]  And in this venue, it may have, but we have to learn from this. If she still wants to fight to save her house, I would suggest you look at filing a lawsuit and you might want to go look at RemediesInRealEstate.com.
[01:47:00.460 --> 01:47:08.460]  You'll find some good information on there about how to take care of yourself and fight these issues.
[01:47:08.460 --> 01:47:15.460]  Deborah had some comments she wanted to make on this issue. Yes, I do. And it goes to the procedural techniques here.
[01:47:15.460 --> 01:47:22.460]  And this is a hard lesson for a lot of people. And getting jurisdictionary will help a lot here.
[01:47:22.460 --> 01:47:34.460]  And just to go back to this theme of semantics, I wanted to clarify certain words and what they mean when you're talking litigation, especially in the civil realm.
[01:47:34.460 --> 01:47:42.460]  In normal common language, layman's use of language, let's just look at these three words here.
[01:47:42.460 --> 01:47:51.460]  Answer, response, reply. Basically, in normal human English language usage, they all kind of mean the same thing.
[01:47:51.460 --> 01:48:00.460]  Those three terms mean drastically different things when it comes to pleadings with the courts.
[01:48:00.460 --> 01:48:08.460]  And let me just try to break it down as quickly as possible because even reading through jurisdictionary and taking the course,
[01:48:08.460 --> 01:48:15.460]  sometimes you don't really get a grasp on it until you actually get into litigation, then you realize, oh, this is how it is.
[01:48:15.460 --> 01:48:18.460]  This is how it is.
[01:48:18.460 --> 01:48:25.460]  Plaintiff files suit. That's considered a petition or a complaint. You can call it either one.
[01:48:25.460 --> 01:48:32.460]  At that point in time, it has to be properly served. If you're in the state court, it's different.
[01:48:32.460 --> 01:48:39.460]  Some states, you can serve it through certified mail. Some states, you have to have a process server, like Randy was explaining.
[01:48:39.460 --> 01:48:47.460]  At that point in time, the defendant has a certain number of days to answer the suit.
[01:48:47.460 --> 01:48:52.460]  In Texas, it's 21 days. In federal court, it's generally 21 days.
[01:48:52.460 --> 01:49:03.460]  At that point in time, actually in Texas, it's 20 days unless the 20th day falls on a weekend and then you get the Monday after the 20th day.
[01:49:03.460 --> 01:49:16.460]  At any rate, at that point in time, the defendant has to answer the suit by that certain length of time or else the plaintiff can get a no-answer default.
[01:49:16.460 --> 01:49:18.460]  That's why it's called an answer.
[01:49:18.460 --> 01:49:28.460]  A motion to dismiss in that situation, if the first document they file, if they file a motion to dismiss, that is considered an answer to the suit.
[01:49:28.460 --> 01:49:34.460]  However, that's basically the initiation stages of the litigation.
[01:49:34.460 --> 01:49:50.460]  Once that first motion has been filed, once any motion has been filed by either party, a motion filed by the other party is not considered what is called a response to the other person's motion.
[01:49:50.460 --> 01:50:04.460]  So if a party, if your opposing litigant files a motion and you object to the motion, you have to file a document, a pleading, what's called an answer.
[01:50:04.460 --> 01:50:09.460]  Filing a motion to strike is not considered a response.
[01:50:09.460 --> 01:50:11.460]  I'm sorry, let me back up.
[01:50:11.460 --> 01:50:24.460]  If the other litigant files a motion, you have to file a response, a motion to strike, the other litigant's motion is not considered a response to their motion, okay?
[01:50:24.460 --> 01:50:34.460]  And then you have to file a response, basically rebutting all the points, saying why you object, come with case law, come with statute, these sorts of things.
[01:50:34.460 --> 01:50:44.460]  You respond to their motion in your response and you're pleading to the court and you always have to address the court in your documents, you never address the other party.
[01:50:44.460 --> 01:50:54.460]  You're addressing the court, telling the court why the court should basically deny the other party's motion, whatever it is.
[01:50:54.460 --> 01:51:11.460]  Now after you file a response to their motion, the moving party or the movement who filed the motion at that point in time might be able to file what's called a reply to your response.
[01:51:11.460 --> 01:51:16.460]  And that reply is considered a document in support of their original motion.
[01:51:16.460 --> 01:51:33.460]  Now technically according to rules, at the federal level, technically according to the rules of civil procedure, rule seven, you have to ask permission from the court to file a reply to the other person's response to your motion if you're the moving party.
[01:51:33.460 --> 01:51:54.460]  Most courts at the federal level don't require you to move for leave to reply, all right, but if you really want to be technically correct and win the judge's respect, if you're in federal court, you know, I don't give legal advice, but what I would do is instead of just filing a reply,
[01:51:54.460 --> 01:52:10.460]  I would file a motion for leave to reply, which is basically you're stating some brief reasons of why the judge should allow you to file a reply and then you attach the reply to it.
[01:52:10.460 --> 01:52:31.460]  And at that point, generally, no other documents are allowed to be filed by either party regarding that initial motion unless the judge orders it or asks for additional briefs or calls a motion hearing or you could at that point move for a motion hearing.
[01:52:31.460 --> 01:52:47.460]  That's not something that I would necessarily do, especially in a federal court if, you know, if it's dealing with detailed issues, you may want the judge to take his time and consider everything, but this is the difference between, you know, you answer a suit and you're allowed to answer a suit with a motion,
[01:52:47.460 --> 01:53:03.460]  but you can't respond to a motion with another motion. You have to file a response to a motion and then the moving party who filed the motion can file a reply if they get permission of the court.
[01:53:03.460 --> 01:53:13.460]  Now, depending on local rules, sometimes the judges just really don't care. You're allowed to reply, but at that point, generally, no other documents are allowed to be filed.
[01:53:13.460 --> 01:53:21.460]  You can also file motions to strike in these different kinds of pleadings, but that's not considered a response to the other person's motion.
[01:53:21.460 --> 01:53:39.460]  If you leave the motion uncontested, that is if you do not respond, if you don't file a response to the motion, the motion's uncontested and the judge can rule in the moving party's favor because you have not contested the motion.
[01:53:39.460 --> 01:53:56.460]  And I know that may be kind of hard to hear, but this is the way it works in the court system. Motions are very different types of pleadings than responses and answers and replies and things like that and briefs in support of motions and things like that.
[01:53:56.460 --> 01:54:09.460]  A motion is a big deal because you are moving the court, okay? You've made a move to ask the court to do something, and so at that point, there has to be some back and forth between the litigants.
[01:54:09.460 --> 01:54:22.460]  Now, when an answer comes in again is say one person files the motion, then the other litigant files a response, then the moving party files a reply or requests or moves for leave to reply, this sort of thing.
[01:54:22.460 --> 01:54:49.460]  Then the judge makes a ruling on the motion. At that point in time, if you object, if you were the non-moving party and you object or even if you were the moving party and you object to the judge's ruling on the motion, at that point in time, you can file an answer to the court basically stating why you think the judge should not have made the ruling that he did or she did on that motion.
[01:54:49.460 --> 01:54:57.460]  And that goes into the record for the sake of the appeal. So that's when the answer comes in is after the judge makes a ruling on the motion.
[01:54:57.460 --> 01:55:04.460]  And you can also file an answer after the judge makes a final ruling on the case, okay?
[01:55:04.460 --> 01:55:17.460]  But the differences between these kinds of pleadings and briefs and affidavits in support of motions and these sorts of things, you need to really get a grip on what these terms mean.
[01:55:17.460 --> 01:55:27.460]  If you're going to be in litigation as a pro se, and so getting jurisdictionary will help and also we can review these processes.
[01:55:27.460 --> 01:55:32.460]  And you need to be familiar with the rules of court of your local court.
[01:55:32.460 --> 01:55:43.460]  If you're at federal level, you need to be familiar with the rules of the federal rules of civil procedure, the rules of evidence, and these sorts of things.
[01:55:43.460 --> 01:56:08.460]  And like I said, if you're at the federal level, you need to be familiar with the rules of court anyway at the local federal level because generally, like say here in the Texas Western District, the local rules are that each party has 11 days to basically respond whatever to another party's, and I'm using that in layman's terms now.
[01:56:08.460 --> 01:56:17.460]  You get 11 days to file something if you object or whatever to another litigant's documents.
[01:56:17.460 --> 01:56:31.460]  If your opposing litigant submits an affidavit and you have evidence to rebut their affidavits, you have 11 days to submit an affidavit in opposition to their other affidavits.
[01:56:31.460 --> 01:56:38.460]  So basically, you get 11 days to go back and forth. So these types of things are very important if you want to win your case.
[01:56:38.460 --> 01:56:50.460]  You can be right as rain, but if you don't file the proper pleadings and the proper briefs and affidavits in support of your pleadings at the right time, you're not going to win your case.
[01:56:50.460 --> 01:56:59.460]  And like Randy says with this other person, she's not going to be able to appeal, okay, because she made some procedural errors.
[01:56:59.460 --> 01:57:11.460]  And so I agree with Randy for her situation. Her best bet is to start all over again with the federal court, and it's my experience that federal courts are much easier to deal with.
[01:57:11.460 --> 01:57:22.460]  Everybody's a lot more level-headed. There's not so many hearings. Sometimes there's no hearings. You can do everything through paperwork, and things are more standardized.
[01:57:22.460 --> 01:57:29.460]  I think the federal court system is much better. It's easier to look up things. You've got PACER with the federal court.
[01:57:29.460 --> 01:57:38.460]  Generally, you can't look up case law in any manner whatsoever for state case law on the Internet. You have to go dig it up.
[01:57:38.460 --> 01:57:47.460]  Or if you have Lexis or something, you could do that. So anyway, that's my rant concerning semantics and pleadings and what everything means.
[01:57:47.460 --> 01:57:49.460]  Randy, do you have any comments on that?
[01:57:49.460 --> 01:58:03.460]  Yeah, it's important that we understand these. And a couple of things that's important to understand is if you've been ruled against, you want to file a motion for reconsideration of the ruling.
[01:58:03.460 --> 01:58:13.460]  You want to request findings of fact and conclusions at law. What facts did you base your decision on, and what law did you apply to those facts?
[01:58:13.460 --> 01:58:23.460]  You need that for appeal. All of these things, they're not that many. Debra just went through most of what's there. There's not that much.
[01:58:23.460 --> 01:58:35.460]  Once you kind of got the basic pattern down, it gets a whole lot easier, and it gets much more understandable, and it'll make sense as to why they do it the way they do it.
[01:58:35.460 --> 01:58:47.460]  And it'll make this a little less daunting when you get into it. It's not near as hard as it appears. It's like riding a bicycle, a lot tougher the first couple of times.
[01:58:47.460 --> 01:58:51.460]  But after you file down a couple of times, then you kind of get the idea.
[01:58:51.460 --> 01:58:59.460]  Okay, this is Randy Calvin, Debra Stevens, Eddie Craig, Wheel of Law Radio. We'll take your calls on the other side.
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