ROL_2011-05-26_16k.timecode
[00:00.000 --> 00:04.400] This news brief brought to you by the International News Next.
[00:04.400 --> 00:09.000] In Libya, a four-blast rocked an area near the center of Tripoli late on Wednesday night.
[00:09.000 --> 00:11.600] The exact targets could not be identified.
[00:11.600 --> 00:14.800] Wednesday morning, several missiles hit the district of Tripoli,
[00:14.800 --> 00:18.200] where Libyan ruler Muammar Gaddafi's residence is located.
[00:18.200 --> 00:22.200] NATO warplanes also attacked Gaddafi's residence on Monday.
[00:22.200 --> 00:27.600] The Libyan government said 19 people were killed and more than 150 others were injured.
[00:27.600 --> 00:37.000] Texas withdrew a bill recently which would fine and arrest transportation security administration officials for groping
[00:37.000 --> 00:40.800] after the agency threatened to shut down all flights from the state.
[00:40.800 --> 00:44.200] The bill was passed in the Texas House of Representatives.
[00:44.200 --> 00:49.400] However, TSA said states could not pass a statute that conflicts with federal law,
[00:49.400 --> 00:53.200] and if passed in the Senate, would have to shut down Texas airports.
[00:53.200 --> 00:57.800] Texas representatives subsequently withdrew the bill.
[00:57.800 --> 01:03.400] Ray Abiliah, who heckled Israeli Prime Minister Benjamin Netanyahu during his address to Congress Monday,
[01:03.400 --> 01:06.200] was beaten and later detained while in the hospital.
[01:06.200 --> 01:11.400] The 28-year-old Jewish American woman, who is the Middle East campaign coordinator for Code Pink,
[01:11.400 --> 01:16.200] was tackled by members of the American Israeli Public Affairs Committee after she yelled,
[01:16.200 --> 01:24.800] quote, stop Israeli war crimes. She was later arrested while being treated for neck and shoulder injuries she sustained.
[01:24.800 --> 01:30.800] Thousands of supporters of Shia cleric Muqtada al-Sadr rallied in Baghdad Thursday
[01:30.800 --> 01:37.400] in a show of force against any extension of U.S. military presence in Iraq past the year and deadline.
[01:37.400 --> 01:42.200] Members of al-Sadr's Mahdi army, quote, converged at Sadr city,
[01:42.200 --> 01:46.000] the northeast in Baghdad neighborhood named after the cleric's father.
[01:46.000 --> 01:50.600] The cleric's loyalists staged a peaceful protest, marching without weapons.
[01:50.600 --> 01:54.400] Al Jazeera reports, quote, they have a message aimed at Americans.
[01:54.400 --> 01:57.800] If you stay beyond the December 31st withdrawal deadline,
[01:57.800 --> 02:03.200] the Mahdi army will resume its military activities and they will battle U.S. forces.
[02:03.200 --> 02:09.000] This January, Iraqi Prime Minister Nouri al-Maliki called for a national dialogue
[02:09.000 --> 02:12.200] to gauge whether U.S. troops should stay beyond 2011,
[02:12.200 --> 02:20.200] and U.S. Defense Secretary Robert Gates said he hopes Iraqi leaders will ask them to stay beyond the deadline.
[02:20.200 --> 02:24.600] Tokyo Electric Power, operators of the contaminated Fukushima Daiichi nuclear plant,
[02:24.600 --> 02:29.800] said Thursday radioactive water appears to be leaking from a waste disposal building at the site.
[02:29.800 --> 02:34.800] The disclosure by TEPCO raises the stakes in a race to complete a system to decontaminate
[02:34.800 --> 02:41.800] a massive pool of radioactive water at the complex that critics say is a growing risk to the Pacific Ocean and groundwater.
[02:41.800 --> 02:45.200] A magnitude 9.0 earthquake and a massive tsunami that followed
[02:45.200 --> 02:50.400] knocked out the Fukushima plant in March, triggering the world's worst nuclear accident since Chernobyl.
[02:50.400 --> 02:55.200] Although many outside experts had concluded that uranium fuel in three Fukushima reactors
[02:55.200 --> 03:24.200] had melted down within days of the crisis, TEPCO only announced that conclusion this week.
[03:26.200 --> 03:29.200] Bad Boys
[03:32.200 --> 03:37.200] Bad boys, what you want, what you want, what you gonna do
[03:37.200 --> 03:41.200] When the sun don't come for you
[03:43.200 --> 03:48.200] Tell me what you wanna do, what you gonna do
[03:48.200 --> 03:53.200] Bad boys, bad boys, what you gonna do
[03:53.200 --> 03:56.200] What you gonna do when they come for you
[03:56.200 --> 03:59.200] Bad boys, bad boys, what you gonna do
[03:59.200 --> 04:02.200] What you gonna do when they come for you
[04:02.200 --> 04:04.200] When you were eight and you had bad traits
[04:04.200 --> 04:07.200] You'll go to school and learn the golden rules
[04:07.200 --> 04:10.200] So why are you acting like a bloody fool
[04:10.200 --> 04:13.200] If you get high and your mouth gets cool
[04:13.200 --> 04:16.200] Bad boys, bad boys, bad boys
[04:16.200 --> 04:19.200] What you gonna do when they come for you
[04:19.200 --> 04:46.200] Bad boys, what you gonna do
[04:49.200 --> 04:52.200] Going on down under down there
[04:52.200 --> 04:59.200] Yes, I've been going through the codes here in Australia
[04:59.200 --> 05:08.200] When I got here, everyone was certain that I would find Australia far more corrupt than the United States
[05:08.200 --> 05:13.200] In fact, I think the opposite is gonna turn out to be true
[05:13.200 --> 05:27.200] One thing I have certainly discovered is that the statutes and codes here in Australia is far more sophisticated than the codes that we have
[05:27.200 --> 05:33.200] They go into excruciating detail
[05:33.200 --> 05:42.200] And on the surface, that seems to be a problem because it's harder to track all the codes
[05:42.200 --> 05:56.200] But I'm putting together this litigation engine and structuring it here so that we take each of the codes and reduce it to a questionnaire
[05:56.200 --> 06:07.200] And then once we have all the codes listed in questionnaires, then we can go between the codes and start making connections between them
[06:07.200 --> 06:13.200] So that when we say we're going down the issue of the criminal complaints
[06:13.200 --> 06:19.200] When we have an issue that refers to another code, we'll have a hyperlink to it so you can jump right to it
[06:19.200 --> 06:24.200] So that you don't have to have four or five codes in front of you
[06:24.200 --> 06:28.200] This will take a tremendous amount of work
[06:28.200 --> 06:35.200] And I have a lot of people here who are willing to help put this together
[06:35.200 --> 06:44.200] Once we have all of this strung together, this high level of complexity in the code will work to our favor
[06:44.200 --> 06:47.200] Because we'll have it all sorted out
[06:47.200 --> 06:50.200] And the other guys don't
[06:50.200 --> 06:55.200] Well, I'm finding precisely the same thing here as I did in the United States
[06:55.200 --> 06:58.200] Attorneys don't know the code
[06:58.200 --> 07:03.200] I was talking to an attorney yesterday and he is excellent
[07:03.200 --> 07:09.200] He is the kind of attorney everybody wants attorneys to be
[07:09.200 --> 07:13.200] And because of that, he's broke
[07:13.200 --> 07:20.200] He's more about doing the right thing than doing the thing you're making the most money
[07:20.200 --> 07:24.200] But I was going through the code and I found a couple issues and showed them to him
[07:24.200 --> 07:28.200] And he was surprised to see they were in there
[07:28.200 --> 07:33.200] One in particular I found most interesting
[07:33.200 --> 07:41.200] When I ask a public official to do something that they're required to do by law
[07:41.200 --> 07:50.200] But instead of doing what I ask them to do, they do what they've been trained to do
[07:50.200 --> 07:55.200] And I tell them, you know, life is filled with little decisions
[07:55.200 --> 07:58.200] We all get to make some, it's your turn
[07:58.200 --> 08:01.200] You can either do your job
[08:01.200 --> 08:06.200] And you can either follow your policy and keep your job
[08:06.200 --> 08:12.200] Or you can follow law and I won't be trying to get you arrested
[08:12.200 --> 08:22.200] Well, I have to imply that there is this specific nexus here
[08:22.200 --> 08:29.200] And the officer is going to maintain that he's acting essentially under professional duress
[08:29.200 --> 08:33.200] He said, I've got to do this or I'll lose my job
[08:33.200 --> 08:40.200] In the code on duress, a person is not criminally responsible for an offense
[08:40.200 --> 08:45.200] If he or she carries out the conduct constituting the offense under duress
[08:45.200 --> 08:49.200] And it has the whole paragraph on what constitutes that
[08:49.200 --> 08:54.200] A threat has been made that will be carried out unless an offense is committed
[08:54.200 --> 09:00.200] And there is no reasonable way that the threat can be rendered ineffective
[09:00.200 --> 09:03.200] And the conduct is a reasonable response to the threat
[09:03.200 --> 09:08.200] That would be a defense against duress
[09:08.200 --> 09:10.200] Then it goes on to say
[09:10.200 --> 09:15.200] This section does not apply if the threat is made by
[09:15.200 --> 09:21.200] Or on behalf of a person with whom the person under duress is voluntarily associating
[09:21.200 --> 09:28.200] For the purpose of carrying out the conduct of the kind actually carried out
[09:28.200 --> 09:35.200] So when I ask the bailiff to arrest the judge
[09:35.200 --> 09:41.200] He is hired and he works for the sheriff for the purpose of keeping the peace in the courtroom
[09:41.200 --> 09:45.200] That's the kind of conduct that he's intended to do
[09:45.200 --> 09:50.200] And those people he associates with, he associates with them for that purpose
[09:50.200 --> 09:57.200] And then when he, in acting in concert inclusion with the others in accordance with policy
[09:57.200 --> 10:00.200] Fails to carry out his proper duty
[10:00.200 --> 10:04.200] We have a statute that goes directly to that
[10:04.200 --> 10:09.200] And I'm finding this all through the code
[10:09.200 --> 10:14.200] It comes from the English law
[10:14.200 --> 10:19.200] It hasn't been re-adopted like our American law has
[10:19.200 --> 10:26.200] And so it seems to have been tweaked a lot more over the centuries
[10:26.200 --> 10:35.200] And they've added a lot more minor little pieces to address issues that have come up over the years
[10:35.200 --> 10:42.200] And then the process has given us a very sophisticated piece of code
[10:42.200 --> 10:46.200] The way it started out was surprising
[10:46.200 --> 10:51.200] The criminal code here starts out with elements
[10:51.200 --> 10:57.200] An offense consists of physical elements and fault elements
[10:57.200 --> 11:03.200] However, the law that creates the offense may provide that there is no fault element for one or more physical elements
[11:03.200 --> 11:09.200] The law that creates an offense may provide for different fault elements for different physical elements
[11:09.200 --> 11:12.200] This law is much more complex
[11:12.200 --> 11:22.200] And it goes on to explain that a physical element is something that a person either does or fails to do
[11:22.200 --> 11:27.200] And in order for something to be a crime, there must be the physical element
[11:27.200 --> 11:39.200] Then there must be a fault element in terms of a law that makes it a crime to either do the respective thing or not do the respective thing
[11:39.200 --> 11:50.200] It is extremely clear in most all respects so far on what constitutes crime and what doesn't
[11:50.200 --> 11:58.200] But on the whole, it looks exactly like our law
[11:58.200 --> 12:14.200] Everything that I would expect to find in American law, which I consider to be a well-structured corpus juris, I find here in Australian law as well
[12:14.200 --> 12:16.200] So far it hasn't been a thing
[12:16.200 --> 12:22.200] I went to this attorney and asked him, we have five states here
[12:22.200 --> 12:32.200] Each state has their own laws and there is an overriding federal government that has a set of laws
[12:32.200 --> 12:39.200] The relationship between the state and federal laws has concerns and issues
[12:39.200 --> 12:45.200] So we have an issue in the state court that includes a federal accusation
[12:45.200 --> 12:55.200] If the other party fails to remove the case from the state to the federal, I ask, can the state then adjudicate the federal?
[12:55.200 --> 12:57.200] He said yes
[12:57.200 --> 13:00.200] Exactly the same as the U.S.
[13:00.200 --> 13:05.200] But if he removes it to the federal, can the federal adjudicate the state? Yes
[13:05.200 --> 13:14.200] So far in the big things and the little things, the law has amounted to exactly the same thing
[13:14.200 --> 13:16.200] So I'm real pleased
[13:16.200 --> 13:24.200] But what else I'm finding, these guys got tools to beat each other up with that we don't have
[13:24.200 --> 13:31.200] They have a common law magistrate
[13:31.200 --> 13:41.200] Anyone can walk into a courthouse, walk into a courtroom and declare himself here in the capacity of a common law magistrate
[13:41.200 --> 13:46.200] To ensure the peace and decorum of the court
[13:46.200 --> 13:53.200] And when someone does that, the courts give them wide berth
[13:53.200 --> 14:05.200] Because we have, what they have here in Australia is called a court appearance notice, a can
[14:05.200 --> 14:12.200] If you observe a crime or have knowledge of a crime, you can prepare a court appearance notice
[14:12.200 --> 14:19.200] And you are listed on the court appearance notice as the prosecutor
[14:19.200 --> 14:23.200] And you file that with a registrar
[14:23.200 --> 14:27.200] And the registrar here is essentially the court clerk
[14:27.200 --> 14:36.200] Now the registrar here has authority to accept or deny a court appearance notice
[14:36.200 --> 14:45.200] But he only can do so under the same kind of conditions you would expect a magistrate to do the same thing
[14:45.200 --> 14:48.200] So he has restrictions
[14:48.200 --> 14:58.200] But if the registrar fails to act on the court appearance notice, the person making the filing has standing
[14:58.200 --> 15:02.200] In that they can appeal all the way up to the high court
[15:02.200 --> 15:09.200] The supreme court is the highest court in the states and then the high court is the federal high court
[15:09.200 --> 15:14.200] So they have some seriously powerful stuff
[15:14.200 --> 15:20.200] And the bar is set up differently here
[15:20.200 --> 15:23.200] They have the law society
[15:23.200 --> 15:28.200] And here every attorney has to be insured
[15:28.200 --> 15:29.200] No exception
[15:29.200 --> 15:34.200] In order to receive their ticket to practice, they must be insured
[15:34.200 --> 15:46.200] And the way the insurance works is the law society keeps an indemnity fund and a fidelity fund
[15:46.200 --> 15:55.200] The indemnity fund is to indemnify the law society in case there is a claim against an attorney
[15:55.200 --> 16:03.200] And a claim against an attorney is essentially a claim against the law society itself
[16:03.200 --> 16:12.200] And each attorney must have insurance to indemnify the law society
[16:12.200 --> 16:19.200] So if you get a claim against you, it comes out of the law society's fund
[16:19.200 --> 16:28.200] And from what I've seen so far, if you make a claim on the law society's fund, they are not happy campers
[16:28.200 --> 16:32.200] And the attorney has himself a big problem
[16:32.200 --> 16:43.200] Because here you can actually turn the society back on the attorney the way you can't with state bar organizations
[16:43.200 --> 16:47.200] So in that, there's a whole lot better door and I see you there
[16:47.200 --> 16:50.200] And as soon as we come back, we'll take your question
[16:50.200 --> 16:54.200] This is Randy Kelton, Deborah Stevens, Wheel of Law Radio
[16:54.200 --> 16:56.200] Good day, mate
[16:56.200 --> 17:02.200] We'll be right back
[17:26.200 --> 17:28.200] from our previous location
[17:28.200 --> 17:32.200] We're on the west side of Burnet Road in the Stanley Insurance Building on the ground floor
[17:32.200 --> 17:35.200] next to the Ishuban Sushi and the Genie Car Wash
[17:35.200 --> 17:39.200] We're open Monday through Friday, 10 to 6, Saturdays 10 to 5
[17:39.200 --> 17:45.200] You're welcome to stop in during regular business hours or call 512-646-6440
[17:45.200 --> 17:50.200] Ask for Chad or Becky and say that you heard about us on the Wheel of Law Radio or Texas Liberty Radio
[17:50.200 --> 17:56.200] That's Capital Coin and Bullion at our new location at 7304 Burnet Road Suite A
[17:56.200 --> 18:00.200] We'll call 512-646-6440
[18:00.200 --> 18:05.200] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[18:09.200 --> 18:14.200] Michael Mears has won six cases in federal court against debt collectors and now you can win two
[18:14.200 --> 18:20.200] You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes
[18:20.200 --> 18:24.200] What to do when contacted by phones, mail, or court summons
[18:24.200 --> 18:26.200] How to answer letters and phone calls
[18:26.200 --> 18:29.200] How to get debt collectors out of your credit reports
[18:29.200 --> 18:33.200] How to turn the financial tables on them and make them pay you to go away
[18:33.200 --> 18:38.200] The Michael Mears proven method is the solution for how to stop debt collectors
[18:38.200 --> 18:41.200] Personal consultation is available as well
[18:41.200 --> 18:46.200] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[18:46.200 --> 18:49.200] Or email michaelmears at yahoo.com
[18:49.200 --> 18:51.200] That's ruleoflawradio.com
[18:51.200 --> 18:57.200] Or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[18:57.200 --> 19:12.200] To learn how to stop debt collectors now
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[28:16.200 --> 28:22.200] The guy that financed me coming down here, he had a family law issue
[28:22.200 --> 28:26.200] I had him sit next to me reading the Code of Criminal Procedure
[28:26.200 --> 28:32.200] And the fourth item in there said that the Attorney General
[28:32.200 --> 28:38.200] Attorney General in Australia is like, is right under the Prime Minister
[28:38.200 --> 28:42.200] And actually seems to have more power than the Prime Minister
[28:42.200 --> 28:52.200] Or the judges. It said the Prime Minister could indemnify anyone from prosecution
[28:52.200 --> 28:56.200] He read that and he said, am I seeing what I think I'm seeing?
[28:56.200 --> 29:00.200] And I read it and I said, that's what it appears to be
[29:00.200 --> 29:06.200] That the Prime Minister can indemnify anyone from the violation of any criminal act
[29:06.200 --> 29:12.200] So I did some research and it turns out the reason that is there
[29:12.200 --> 29:16.200] Is they don't have a Fifth Amendment here
[29:16.200 --> 29:24.200] So they can't force you to testify by granting you immunity directly
[29:24.200 --> 29:27.200] Because they can force you to testify in the United States
[29:27.200 --> 29:29.200] But because you have the Fifth Amendment right
[29:29.200 --> 29:36.200] Anything, any evidence they secure from you that could be used against you, they can't use
[29:36.200 --> 29:39.200] So that's what this Code was about
[29:39.200 --> 29:43.200] But I'll tell you how we get to use it against them when we come back
[29:43.200 --> 29:45.200] This is Randy Kelton
[29:45.200 --> 29:49.200] And I'll get back to you, this really goes to your issue
[29:49.200 --> 29:52.200] Okay, I'll be right back, this is Randy Kelton with Stevens, Eddie Craig
[29:52.200 --> 29:59.200] Eddie Craig's not here, we'll be right back
[29:59.200 --> 30:04.200] I lost my son, my nephew, my uncle, my son on September 11, 2001
[30:04.200 --> 30:07.200] Most people don't know that a third tower fell on September 11
[30:07.200 --> 30:12.200] World Trade Center 7, a 47-story skyscraper was not hit by a plane
[30:12.200 --> 30:15.200] Although the official explanation is that fire brought down Building 7
[30:15.200 --> 30:19.200] Over 1,200 architects and engineers have looked into the evidence
[30:19.200 --> 30:21.200] And believe there is more to the story
[30:21.200 --> 30:24.200] Bring justice to my son, my uncle, my nephew, my son
[30:24.200 --> 30:26.200] Go to buildingwhat.org
[30:26.200 --> 30:30.200] Why it fell, why it matters, and what you can do
[30:30.200 --> 30:32.200] Are you lucky?
[30:32.200 --> 30:37.200] Researchers say living a charmed life is more about the choices you make than fate
[30:37.200 --> 30:44.200] I'm Dr. Catherine Albrecht and I'll be back with four behaviors that increase your odds of finding a pot of gold at the end of your rainbow
[30:44.200 --> 30:46.200] Privacy is under attack
[30:46.200 --> 30:50.200] When you give up data about yourself, you'll never get it back again
[30:50.200 --> 30:55.200] And once your privacy is gone, you'll find your freedoms will start to vanish, too
[30:55.200 --> 31:00.200] So protect your rights, say no to surveillance, and keep your information to yourself
[31:00.200 --> 31:03.200] Privacy, it's worth hanging on to
[31:03.200 --> 31:06.200] This public service announcement is brought to you by StartPage.com
[31:06.200 --> 31:10.200] The private search engine alternative to Google, Yahoo, and Bing
[31:10.200 --> 31:14.200] Start over with StartPage
[31:14.200 --> 31:18.200] According to psychologist Richard Wiseman, people blessed with good fortune
[31:18.200 --> 31:21.200] practice four behaviors that set them apart
[31:21.200 --> 31:23.200] Lucky people don't wait around for a windfall
[31:23.200 --> 31:24.200] They make luck happen
[31:24.200 --> 31:27.200] They network and keep an eye out for opportunities
[31:27.200 --> 31:28.200] Then they act on them
[31:28.200 --> 31:32.200] Lucky people develop their intuition and trust their gut feelings
[31:32.200 --> 31:35.200] Lucky people expect good things to happen to them
[31:35.200 --> 31:39.200] They persist in working toward their goals because they believe in positive outcomes
[31:39.200 --> 31:43.200] These expectations become self-fulfilling prophecies
[31:43.200 --> 31:46.200] And finally, lucky people turn lemons into lemonade
[31:46.200 --> 31:48.200] They don't dwell on setbacks
[31:48.200 --> 31:53.200] Rather, they find ways to take control and turn situations around in their favor
[31:53.200 --> 31:54.200] I'm Dr. Katherine Albrecht
[31:54.200 --> 32:20.200] More news and information at KatherineAlbrecht.com
[32:24.200 --> 32:28.200] When you gonna stop abuse your power
[32:28.200 --> 32:33.200] When you gonna stop abuse your power
[32:33.200 --> 32:39.200] When you gonna stop abuse your power
[32:39.200 --> 32:44.200] When you gonna stop abuse your power
[32:44.200 --> 32:47.200] So please Mr. Michael and each officer
[32:47.200 --> 32:50.200] Stop to abuse your power
[32:50.200 --> 32:53.200] Send a request to the leader
[32:53.200 --> 33:22.200] Okay, we are back.
[33:22.200 --> 33:24.200] All right, Randy.
[33:24.200 --> 33:25.200] Okay.
[33:25.200 --> 33:26.200] Go ahead.
[33:26.200 --> 33:27.200] You were speaking.
[33:27.200 --> 33:32.200] I was talking about this statute that appears to give the Attorney General carte blanche
[33:32.200 --> 33:34.200] to do anything he wants to.
[33:34.200 --> 33:37.200] In fact, it was passed for a good reason.
[33:37.200 --> 33:40.200] But this is the point of reading the code.
[33:40.200 --> 33:44.200] You look at the code and ask yourself, how can I use it?
[33:44.200 --> 33:48.200] I looked at this and said, how can we use this?
[33:48.200 --> 33:53.200] In Australia, it's a crime if you don't vote.
[33:53.200 --> 33:56.200] Everyone's compelled to vote.
[33:56.200 --> 34:01.200] And what that has caused is very close elections.
[34:01.200 --> 34:04.200] So our power here is political.
[34:04.200 --> 34:06.200] It's votes.
[34:06.200 --> 34:11.200] The electorate elects the Attorney General.
[34:11.200 --> 34:14.200] The people don't elect him directly.
[34:14.200 --> 34:17.200] The legislators elect the Attorney General.
[34:17.200 --> 34:21.200] So I'm saying, okay, you get a judge to do something improper.
[34:21.200 --> 34:25.200] You file a complaint against him.
[34:25.200 --> 34:27.200] Nobody does anything.
[34:27.200 --> 34:32.200] You send a letter to each one of your electors accusing them of appointing this no-good scoundrel
[34:32.200 --> 34:39.200] Attorney General so he could use this statute to indemnify that judge from the consequences
[34:39.200 --> 34:41.200] of his improper actions.
[34:41.200 --> 34:43.200] And the Attorney General's going to say, what?
[34:43.200 --> 34:46.200] I didn't do nothing.
[34:46.200 --> 34:51.200] And when he gets to this judge, he's not going to be happy.
[34:51.200 --> 34:56.200] In the end, if you're going to win your case, you're going to have to find politics.
[34:56.200 --> 35:01.200] And the way you'll find politics is in the code.
[35:01.200 --> 35:06.200] Read the code, Darwin, and call me back next week.
[35:06.200 --> 35:11.200] I think you will be chuckling and laughing at what you find in there.
[35:11.200 --> 35:17.200] And you'll have a lot of ideas of things you can do to go after them.
[35:17.200 --> 35:18.200] All right.
[35:18.200 --> 35:19.200] Okay.
[35:19.200 --> 35:25.200] I think you had mentioned before the first motion to compel to a higher judge.
[35:25.200 --> 35:28.200] Yes, to ask for that.
[35:28.200 --> 35:29.200] To make the ruling.
[35:29.200 --> 35:33.200] Well, yeah, a motion to compel would be the first thing to do.
[35:33.200 --> 35:37.200] To compel the judge to produce the alleged order.
[35:37.200 --> 35:39.200] To a higher judge.
[35:39.200 --> 35:41.200] Yes, to a higher judge.
[35:41.200 --> 35:43.200] And that would be probably county.
[35:43.200 --> 35:45.200] Yes.
[35:45.200 --> 35:47.200] That would be the first thing I would do.
[35:47.200 --> 35:49.200] Now, I do believe in Colorado.
[35:49.200 --> 35:52.200] I believe it's civil, not criminal, on the traffic.
[35:52.200 --> 35:53.200] Okay.
[35:53.200 --> 35:54.200] Good.
[35:54.200 --> 35:58.200] Make sure you preserve your appeal rights.
[35:58.200 --> 36:02.200] The motion for reconsideration stops the clock.
[36:02.200 --> 36:08.200] And then when they deny that, give them a notice of intent to appeal.
[36:08.200 --> 36:11.200] Make sure you keep that door open for you.
[36:11.200 --> 36:12.200] All right.
[36:12.200 --> 36:13.200] Thank you.
[36:13.200 --> 36:14.200] Okay.
[36:14.200 --> 36:15.200] Thank you very much.
[36:15.200 --> 36:19.200] Now we're going to go to Chuck in Ohio.
[36:19.200 --> 36:20.200] Yeah, how are you doing?
[36:20.200 --> 36:21.200] Hello, Chuck.
[36:21.200 --> 36:22.200] What's up?
[36:22.200 --> 36:23.200] Randy.
[36:23.200 --> 36:27.200] What do you know about land patents by any chance?
[36:27.200 --> 36:30.200] I know some about land patents.
[36:30.200 --> 36:38.200] I know they're being promoted as a way to have your land free and clear.
[36:38.200 --> 36:43.200] But they have their upside and they have the downside.
[36:43.200 --> 36:49.200] They're promoted also as a way of getting yourself off the tax rolls.
[36:49.200 --> 36:50.200] Right.
[36:50.200 --> 36:56.200] But when you get the land patent, if you get off the tax rolls,
[36:56.200 --> 37:02.200] then you lose police and fire services.
[37:02.200 --> 37:06.200] So that's kind of iffy.
[37:06.200 --> 37:09.200] Consider what it's going to cost you when you do it.
[37:09.200 --> 37:14.200] And if you have an existing lien on the property,
[37:14.200 --> 37:19.200] the land patent will not affect the existing lien.
[37:19.200 --> 37:20.200] Okay.
[37:20.200 --> 37:24.200] So it's not going to help in that regard.
[37:24.200 --> 37:26.200] I own my property free and clear.
[37:26.200 --> 37:29.200] I could go get a land patent on it tomorrow.
[37:29.200 --> 37:33.200] I don't necessarily see the advantage.
[37:33.200 --> 37:38.200] Now, some people are getting out of paying property taxes.
[37:38.200 --> 37:41.200] We had a guy down in South Texas,
[37:41.200 --> 37:46.200] but then his property taxes were $35 a year.
[37:46.200 --> 37:51.200] So if they're much higher, you're going to get a fight.
[37:51.200 --> 37:59.200] Would it be difficult to file a land patent?
[37:59.200 --> 38:04.200] It's not here in Texas, but Texas is peculiar.
[38:04.200 --> 38:07.200] All of the other states go through the Fed,
[38:07.200 --> 38:15.200] and I'm not sure what the process of a land patent is in Ohio.
[38:15.200 --> 38:17.200] You'd have to go to the Fed.
[38:17.200 --> 38:21.200] I doubt that it would be difficult so long as you own the property
[38:21.200 --> 38:23.200] free and clear.
[38:23.200 --> 38:24.200] I do.
[38:24.200 --> 38:25.200] Okay.
[38:25.200 --> 38:29.200] If you come with quiet title, but once you put a land patent on it,
[38:29.200 --> 38:33.200] you can't get a lien against it.
[38:33.200 --> 38:34.200] All right.
[38:34.200 --> 38:35.200] That's what I want to do.
[38:35.200 --> 38:39.200] So you can't go out and get a loan against your property anymore
[38:39.200 --> 38:44.200] because then it will be defeated by the land patent.
[38:44.200 --> 38:45.200] Okay.
[38:45.200 --> 38:51.200] And we have some people saying that when the bank issued the lien,
[38:51.200 --> 38:55.200] a patent already existed, whether you brought it forward or not,
[38:55.200 --> 38:58.200] and therefore it defeats the lien.
[38:58.200 --> 39:02.200] But I've never seen that happen.
[39:02.200 --> 39:03.200] Okay.
[39:03.200 --> 39:06.200] So it should be too hard to file it then, am I right?
[39:06.200 --> 39:10.200] Would you file it with the statute, with it at the courthouse,
[39:10.200 --> 39:12.200] or would you file it without it?
[39:12.200 --> 39:15.200] Okay.
[39:15.200 --> 39:19.200] In Texas, we come to Austin and do it in Austin.
[39:19.200 --> 39:22.200] It's not with the local courthouse.
[39:22.200 --> 39:26.200] In every other state, as I understand, the Feds control that,
[39:26.200 --> 39:29.200] so you have to go to the Federal Land Board.
[39:29.200 --> 39:31.200] Oh.
[39:31.200 --> 39:33.200] Federal Land Board, okay.
[39:33.200 --> 39:41.200] Texas was a free republic when it came in and it reserved certain rights,
[39:41.200 --> 39:44.200] and one of them was their land rights.
[39:44.200 --> 39:47.200] So the Fed doesn't have anything to do with it in Texas.
[39:47.200 --> 39:50.200] They do in every other state.
[39:50.200 --> 39:51.200] Okay.
[39:51.200 --> 39:52.200] Well, I'm going to go that avenue.
[39:52.200 --> 39:53.200] I'm going to try that.
[39:53.200 --> 39:55.200] I've been probing, probing, probing, and I thought,
[39:55.200 --> 39:56.200] well, maybe you might know that.
[39:56.200 --> 40:00.200] I thought maybe you were trying to do some land patents on some mortgage fraud.
[40:00.200 --> 40:02.200] I thought maybe that was helping you.
[40:02.200 --> 40:03.200] Could that help you?
[40:03.200 --> 40:04.200] No.
[40:04.200 --> 40:05.200] I've seen no advantage.
[40:05.200 --> 40:10.200] The land patent does not defeat an existing lien.
[40:10.200 --> 40:15.200] So if you have no lien on your property, then that's a good time to do it.
[40:15.200 --> 40:16.200] Exactly.
[40:16.200 --> 40:17.200] Exactly.
[40:17.200 --> 40:25.200] As long as you don't ever intend to get a lien, a loan against the property.
[40:25.200 --> 40:26.200] That would be good.
[40:26.200 --> 40:27.200] Okay.
[40:27.200 --> 40:28.200] Well, that's all I need to know then.
[40:28.200 --> 40:31.200] I thank you very, very much for your time then, Brandon.
[40:31.200 --> 40:32.200] All righty.
[40:32.200 --> 40:33.200] Okay.
[40:33.200 --> 40:41.200] I'm going to go to Barry in Colorado.
[40:41.200 --> 40:43.200] Is this the bear?
[40:43.200 --> 40:45.200] Yeah.
[40:45.200 --> 40:46.200] I sent you that text.
[40:46.200 --> 40:48.200] I called in last week and you were playing an archive,
[40:48.200 --> 40:50.200] so I put it on the call-in tonight.
[40:50.200 --> 40:55.200] I had forgotten that we had a fundraiser last week,
[40:55.200 --> 40:58.200] and Deborah and Jerry were banned.
[40:58.200 --> 41:00.200] We're at the fundraiser playing.
[41:00.200 --> 41:03.200] Yep.
[41:03.200 --> 41:07.200] I've got everything upside down anyway.
[41:07.200 --> 41:11.200] So I just want to call in and tell about how things went on my case.
[41:11.200 --> 41:17.200] Deborah and I had that conversation for, what was it, six, seven hours?
[41:17.200 --> 41:20.200] It's the wee hours of the morning.
[41:20.200 --> 41:21.200] I'm sorry?
[41:21.200 --> 41:22.200] Okay.
[41:22.200 --> 41:23.200] Can you?
[41:23.200 --> 41:25.200] You're sorry?
[41:25.200 --> 41:26.200] I don't understand.
[41:26.200 --> 41:28.200] I'm confused.
[41:28.200 --> 41:30.200] Barry Smith, Colorado.
[41:30.200 --> 41:31.200] Oh, oh, oh.
[41:31.200 --> 41:32.200] Legal bear.
[41:32.200 --> 41:33.200] Okay, yeah.
[41:33.200 --> 41:34.200] Hey, how's it going?
[41:34.200 --> 41:35.200] I'm sorry.
[41:35.200 --> 41:36.200] I was confused.
[41:36.200 --> 41:37.200] I didn't know who you were.
[41:37.200 --> 41:38.200] All right.
[41:38.200 --> 41:39.200] Good to talk to you.
[41:39.200 --> 41:40.200] All right.
[41:40.200 --> 41:41.200] Let's get rid of the confusion.
[41:41.200 --> 41:42.200] Okay.
[41:42.200 --> 41:47.200] Kind of bring our listeners up to speed.
[41:47.200 --> 41:52.200] Back in 2000, I was being prosecuted of driving under suspension,
[41:52.200 --> 41:57.200] no proof of insurance, four counts, two in one court,
[41:57.200 --> 42:02.200] two in another court, same judicial district here in Colorado.
[42:02.200 --> 42:05.200] So I wanted to talk, you know, I thought,
[42:05.200 --> 42:10.200] I was trying to talk in the middle of that one caller from Wyoming.
[42:10.200 --> 42:15.200] I had some comments on Colorado law for him.
[42:15.200 --> 42:17.200] Did you?
[42:17.200 --> 42:19.200] Well, go ahead and comment on it.
[42:19.200 --> 42:23.200] Kind of bring us up to speed where you're at, and then we can address him.
[42:23.200 --> 42:26.200] When you're on the caller bridge, they can't hear you talking.
[42:26.200 --> 42:27.200] Yeah.
[42:27.200 --> 42:32.200] I just had a comment that, you know,
[42:32.200 --> 42:38.200] I had a friend of mine sat down in a jury box when court was out of session
[42:38.200 --> 42:42.200] with a judge, and he asked the judge, he was asking about, you know,
[42:42.200 --> 42:44.200] a traffic court, county court.
[42:44.200 --> 42:49.200] That's where we have our traffic matters at, is in county court.
[42:49.200 --> 42:53.200] And that's like a court of limited jurisdiction,
[42:53.200 --> 42:56.200] deals with misdemeanors and traffic matters,
[42:56.200 --> 43:03.200] and minor civil matters like the jurisdictional dollar amount,
[43:03.200 --> 43:06.200] like 20,000 bucks or something, I think.
[43:06.200 --> 43:10.200] And, you know, so he could do a civil matter up to 20 grand.
[43:10.200 --> 43:17.200] And what you do from there, I think you had told him that he needed to compel
[43:17.200 --> 43:20.200] that judge to give him that order.
[43:20.200 --> 43:25.200] And in order to do that, you have to go to our court of general jurisdiction
[43:25.200 --> 43:27.200] under rule 106.
[43:27.200 --> 43:32.200] All of the extraordinary routes, mandamus, prohibition, habeas corpus,
[43:32.200 --> 43:37.200] were all put under that rule.
[43:37.200 --> 43:41.200] And it's a civil procedure where you ask the district court,
[43:41.200 --> 43:43.200] the supervisor of county court.
[43:43.200 --> 43:45.200] Hold on, Barry. Hold on, Barry.
[43:45.200 --> 43:47.200] We're about to go to break.
[43:47.200 --> 43:50.200] This is Randy Kelton, Deborah Stevens, Eddie Craig,
[43:50.200 --> 43:52.200] Root of Law Radio.
[43:52.200 --> 43:56.200] Our call-in number is 512-646-1984.
[43:56.200 --> 44:00.200] We'll be right back with the Legal Bear on the other side.
[44:00.200 --> 44:03.200] It is so enlightening to listen to 90.1 FM,
[44:03.200 --> 44:06.200] but finding things on the Internet isn't so easy,
[44:06.200 --> 44:09.200] and neither is finding like-minded people to share it with.
[44:09.200 --> 44:12.200] Oh, well, I guess you haven't heard of Brave New Books, then.
[44:12.200 --> 44:13.200] Brave New Books?
[44:13.200 --> 44:17.200] Yes. Brave New Books has all the books and DVDs you're looking for by authors
[44:17.200 --> 44:20.200] like Alex Jones, Ron Paul, and Gilbert Griffin.
[44:20.200 --> 44:24.200] They even stock inner food, Berkey products, and Calvin Soaps.
[44:24.200 --> 44:26.200] There's no way a place like that exists.
[44:26.200 --> 44:28.200] Go check it out for yourself.
[44:28.200 --> 44:32.200] It's downtown at 1904 Guadalupe Street, just south of UT.
[44:32.200 --> 44:35.200] By UT, there's never anywhere to park down there.
[44:35.200 --> 44:38.200] Actually, they now offer a free hour of parking
[44:38.200 --> 44:41.200] for paying customers at the 500 MLK parking facility,
[44:41.200 --> 44:43.200] just behind the bookstore.
[44:43.200 --> 44:46.200] It does exist, but when are they open?
[44:46.200 --> 44:51.200] Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays.
[44:51.200 --> 44:55.200] So give them a call at 512-480-2503,
[44:55.200 --> 45:00.200] or check out their events page at bravenewbookstore.com.
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[47:05.200 --> 47:10.200] All right, we're talking to the legal bear, Barry in Colorado.
[47:10.200 --> 47:11.200] Yeah.
[47:11.200 --> 47:13.200] Okay, go ahead, Barry.
[47:13.200 --> 47:17.200] Oh, I was just filling in some work for the guy from Wyoming.
[47:17.200 --> 47:21.200] Rule 106 is where you find out what you have to pay a docusy.
[47:21.200 --> 47:25.200] You have to serve the attorney general in addition to the judge himself,
[47:25.200 --> 47:29.200] plus generate the papers, and it's supposed to be a civil proceeding,
[47:29.200 --> 47:33.200] non-discretionary, but those staying judges in the district court,
[47:33.200 --> 47:37.200] they treat it like it's a discretionary proceeding,
[47:37.200 --> 47:41.200] and they'll keep your docked fee and dismiss your case
[47:41.200 --> 47:43.200] just because they want to type of thing.
[47:43.200 --> 47:45.200] That's been my experience at least.
[47:45.200 --> 47:52.200] So it seems to me like a better way to go at it is to, you know,
[47:52.200 --> 47:56.200] do something like a judicial notice, a judicial misconduct,
[47:56.200 --> 48:03.200] or maybe even simpler yet would be to contact his clerk
[48:03.200 --> 48:08.200] and tell her that you never see the copy order
[48:08.200 --> 48:11.200] and ask her to just send it on over.
[48:11.200 --> 48:19.200] I've had that work where maybe the judge doesn't rule
[48:19.200 --> 48:21.200] or something doesn't get done that's supposed to,
[48:21.200 --> 48:25.200] and I just get in touch with the clerk and she just takes care of it.
[48:25.200 --> 48:29.200] There's a clerk that's specific to that judge.
[48:29.200 --> 48:34.200] You get in touch with her, and that will save you all that trouble
[48:34.200 --> 48:37.200] of filing a docusy and generating a complaint
[48:37.200 --> 48:40.200] and learning how it works and all that stuff.
[48:40.200 --> 48:44.200] Well, he had already indicated that he had tried several times
[48:44.200 --> 48:46.200] to get this from the court,
[48:46.200 --> 48:52.200] and generally these lower-level courts don't have a court coordinator
[48:52.200 --> 48:53.200] for the judge.
[48:53.200 --> 48:57.200] Generally the only one, the one that essentially is the court coordinator
[48:57.200 --> 48:59.200] is the court clerk,
[48:59.200 --> 49:02.200] and apparently he had been to the clerk a time or two
[49:02.200 --> 49:03.200] and couldn't get it.
[49:03.200 --> 49:05.200] In Colorado, the county court judges have their own clerk.
[49:05.200 --> 49:10.200] They have a clerk, but they also have a court coordinator,
[49:10.200 --> 49:16.200] a separate clerk like the judge's secretary who keeps his calendar and such.
[49:16.200 --> 49:17.200] Exactly.
[49:17.200 --> 49:21.200] Okay, so they do have that on the lower-level judges?
[49:21.200 --> 49:22.200] Yes.
[49:22.200 --> 49:24.200] Oh, that's wonderful then.
[49:24.200 --> 49:27.200] That is really good advice then,
[49:27.200 --> 49:31.200] because almost certainly she'll be able to get it to you
[49:31.200 --> 49:33.200] where the regular clerk could not.
[49:33.200 --> 49:36.200] Right, and you know what?
[49:36.200 --> 49:38.200] I've made that work a couple of ways.
[49:38.200 --> 49:42.200] One way, I went down there one time and I told the clerk,
[49:42.200 --> 49:49.200] I said, I need to get permission to leave the state on my bond,
[49:49.200 --> 49:52.200] but I don't think I should have even had to post the bond,
[49:52.200 --> 49:56.200] because this is a Class A traffic infraction that I'm charged with.
[49:56.200 --> 50:00.200] It's not arrestable, and I shouldn't even have a bond on the case.
[50:00.200 --> 50:05.200] And I'm telling this to the judge's clerk at a county court.
[50:05.200 --> 50:09.200] She says, well, go in the courtroom and wait.
[50:09.200 --> 50:12.200] She went in, spoke to the judge.
[50:12.200 --> 50:15.200] The clerk comes into the courtroom.
[50:15.200 --> 50:17.200] She's carrying a sheet of paper.
[50:17.200 --> 50:21.200] She says, Mr. Smith, your case has been dismissed,
[50:21.200 --> 50:24.200] and you can have this for your records.
[50:24.200 --> 50:25.200] Wonderful.
[50:25.200 --> 50:27.200] So that works pretty slick.
[50:27.200 --> 50:32.200] So the moral of this story is, schmooze the clerk.
[50:32.200 --> 50:39.200] Yes, and it will save you a docket fee in dealing with a corrupt judge.
[50:39.200 --> 50:44.200] Okay, tell us about your case.
[50:44.200 --> 50:48.200] Well, let's see.
[50:48.200 --> 50:52.200] Okay, so back in 2000, you had me on your program one time,
[50:52.200 --> 50:57.200] and I talked about filing charges on prosecutors and judges.
[50:57.200 --> 51:02.200] And back in 2000, I caught the prosecutor trying to put a fraud on the court.
[51:02.200 --> 51:06.200] And I know from having stayed content that it's time,
[51:06.200 --> 51:09.200] when he puts a fraud on the court, that's contempt of court.
[51:09.200 --> 51:14.200] So I filed a motion for the court to issue a contempt show cause order
[51:14.200 --> 51:17.200] against the prosecutor for fraud on the court.
[51:17.200 --> 51:21.200] And I showed him in that motion, you know, what the fraud was.
[51:21.200 --> 51:27.200] And then I caught him failing to follow a rule related to the performance of his duties.
[51:27.200 --> 51:33.200] He didn't attach a certificate of service to one of his motions that he filed.
[51:33.200 --> 51:39.200] And so I put in a complaint under 188405, I think it was,
[51:39.200 --> 51:43.200] a petty offense for failing to follow a rule.
[51:43.200 --> 51:47.200] And I'm saying that on behalf of the guy in Wyoming, if he's listening.
[51:47.200 --> 51:54.200] And then, so I filed that, I caught two of the prosecutors doing the same thing.
[51:54.200 --> 51:58.200] Then I went back and checked the file and come to find out.
[51:58.200 --> 52:00.200] They went and fixed the file.
[52:00.200 --> 52:02.200] They put the certificate of failing.
[52:02.200 --> 52:05.200] They attached it to their motion.
[52:05.200 --> 52:07.200] That's ultimate court record.
[52:07.200 --> 52:12.200] It's a class one misdemeanor, entitling you to a jury of 12,
[52:12.200 --> 52:14.200] and you know, it's our most serious misdemeanor.
[52:14.200 --> 52:17.200] So I put in charges on that.
[52:17.200 --> 52:20.200] And I got a new senior judge assigned to the case.
[52:20.200 --> 52:22.200] And when he showed up, the prosecutor's first words were,
[52:22.200 --> 52:27.200] Judge, he filed criminal charges on everybody.
[52:27.200 --> 52:32.200] The name of that prosecutor was Andrew J. Lewis.
[52:32.200 --> 52:36.200] And so, and the judge, the senior judge says, yeah, I'm aware of that.
[52:36.200 --> 52:38.200] But with me, it gets a fresh start.
[52:38.200 --> 52:41.200] And for that matter, so do you.
[52:41.200 --> 52:44.200] So, you know.
[52:44.200 --> 52:48.200] Nicely put.
[52:48.200 --> 52:51.200] So he wasn't knocked off the case.
[52:51.200 --> 52:56.200] I went on to win those charges that were in front of that judge.
[52:56.200 --> 52:59.200] They appealed, and I went on appeal.
[52:59.200 --> 53:10.200] And then that kind of ended the matter until August 21, 2010.
[53:10.200 --> 53:14.200] I got stopped by a deputy.
[53:14.200 --> 53:15.200] I am just positive.
[53:15.200 --> 53:17.200] He figured out who I was.
[53:17.200 --> 53:19.200] He arrested me and took me to the jail.
[53:19.200 --> 53:25.200] He told me, we think your international permit and your Israel license plate
[53:25.200 --> 53:29.200] are a scam to allow you to drive under suspension.
[53:29.200 --> 53:32.200] I'm going to take you to the jail and get your fingerprints
[53:32.200 --> 53:36.200] and find out who you really are.
[53:36.200 --> 53:45.200] So he arrested me, and I learned in trial, he arrested me based on suspicion.
[53:45.200 --> 53:53.200] Randy, can you arrest somebody based on suspicion?
[53:53.200 --> 53:58.200] I think if it's a felony, you can, but not a misdemeanor.
[53:58.200 --> 54:03.200] At least in Texas, there has to be a felony.
[54:03.200 --> 54:04.200] Oh, you know what?
[54:04.200 --> 54:08.200] I was on the impression that it had to be probable cause.
[54:08.200 --> 54:10.200] I've got Colorado case law that says...
[54:10.200 --> 54:16.200] Well, suspicion has to be based on the probable cause.
[54:16.200 --> 54:20.200] Unsupported suspicion is obviously not, but...
[54:20.200 --> 54:21.200] There you go.
[54:21.200 --> 54:28.200] If you're driving on a driver's license that he has reason to believe doesn't really exist,
[54:28.200 --> 54:34.200] like Robert Fox was, that would give him reasonable cause to believe
[54:34.200 --> 54:38.200] that you were hiding something, but I don't know if that would come up to the level.
[54:38.200 --> 54:45.200] I'd have to know more of the details of what he claimed to be suspicion before I could...
[54:45.200 --> 54:47.200] Yeah, I think the rest of the...
[54:47.200 --> 54:53.200] Anyway, so when they took me in there, they have this newfangled,
[54:53.200 --> 55:00.200] high-tech fingerprint scanner, state-of-the-art deal, and I told them, I says,
[55:00.200 --> 55:02.200] I'm reserving all my rights at all times.
[55:02.200 --> 55:08.200] I'm not waiving any at any time, and so then they led me over there
[55:08.200 --> 55:14.200] and put those fingers on there and found out that I had been in that jail under a different name.
[55:14.200 --> 55:23.200] So I got our lowest-class felony, Class 6, of criminal impersonation.
[55:23.200 --> 55:27.200] Then I got driving under suspension, no proof of insurance,
[55:27.200 --> 55:35.200] failure to register a car, and two other traffic charges that I am forgetting at the moment.
[55:35.200 --> 55:38.200] And then...
[55:38.200 --> 55:41.200] Okay, let's move quickly. We're going to run out of time.
[55:41.200 --> 55:43.200] Sure, I'm trying.
[55:43.200 --> 55:46.200] Okay, I guess, you know what? I'm trying to figure out...
[55:46.200 --> 55:57.200] So at any rate, and then the prosecutor who signed my information was none other than Andrew J. Lewis.
[55:57.200 --> 56:02.200] And so it is like, wow, you know what? I think he has a personal interest in this case.
[56:02.200 --> 56:06.200] And I'm pretty sure that what happened was they told him, we know who that is,
[56:06.200 --> 56:09.200] go ahead and arrest him, and so forth.
[56:09.200 --> 56:12.200] And so at any rate, coming up...
[56:12.200 --> 56:15.200] Where are you at now?
[56:15.200 --> 56:18.200] Where are you at in this process now?
[56:18.200 --> 56:21.200] Well, you know what? I had as much fun as I could possibly have.
[56:21.200 --> 56:27.200] I sent a letter to the governor and asked him to order the attorney general to prosecute this judge.
[56:27.200 --> 56:29.200] I got the judge offering a court record.
[56:29.200 --> 56:35.200] The very first appearance, I put him on a horns of a dilemma over Simmons v. U.S.
[56:35.200 --> 56:42.200] I said, on the one hand, Judge, I got the right to counsel paper by the state,
[56:42.200 --> 56:47.200] but on the other hand, you know, you're requiring me to fill out an application under penalty of perjury
[56:47.200 --> 56:52.200] and waive my right to privacy and my right not to incriminate myself.
[56:52.200 --> 56:58.200] And the judge says, it doesn't matter. If you want counsel, you must apply.
[56:58.200 --> 57:02.200] And so I refused to waive rights.
[57:02.200 --> 57:07.200] And he refused to give me counsel, and off the trial we went.
[57:07.200 --> 57:14.200] The jury deliberated all of an hour and a half and found me guilty on all-sudden counts.
[57:14.200 --> 57:18.200] And let's see.
[57:18.200 --> 57:22.200] So the judge didn't make me go straight to jail.
[57:22.200 --> 57:26.200] He gave me a month and a half to sentencing.
[57:26.200 --> 57:31.200] And that was kind of a rough deal, anticipating that.
[57:31.200 --> 57:35.200] And when it came to sentencing, the most amazing thing happened.
[57:35.200 --> 57:39.200] The prosecutor and I, we cut along famously.
[57:39.200 --> 57:43.200] And, you know, he's not the same one that signed the information.
[57:43.200 --> 57:45.200] He's a completely different guy.
[57:45.200 --> 57:50.200] And I just really enjoyed his company, and we'd talk out in the hall and stuff like that.
[57:50.200 --> 57:56.200] And when it came time for him to go through his share of the sentencing, he went from charge to charge.
[57:56.200 --> 58:02.200] He goes, on the felonies, he goes, Mr. Smith and I, you know, he's a very personal guy.
[58:02.200 --> 58:06.200] And we talked about fishing in Basque upon the hall.
[58:06.200 --> 58:09.200] Here we go again. Break again, huh?
[58:09.200 --> 58:12.200] Yeah. Okay. When we come back, we need to move quickly.
[58:12.200 --> 58:14.200] We're going to run out of time.
[58:14.200 --> 58:18.200] This is Randy Kelton, Deborah Stevens, Eddie Craig, Radio.
[58:18.200 --> 58:25.200] Our call-in number is 512-646-1984.
[58:25.200 --> 58:27.200] We're calling you from here down under.
[58:27.200 --> 58:32.200] So if what I'm saying sounds upside down, don't pay any attention to it.
[58:32.200 --> 58:34.200] This is Randy Kelton, Deborah Stevens.
[58:34.200 --> 59:00.200] We'll be right back on the other side.
[59:00.200 --> 59:08.200] The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
[59:08.200 --> 59:16.200] Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the Scripture.
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[59:19.200 --> 59:28.200] First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes.
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[59:38.200 --> 59:43.200] Bibles for America would like to give you a free recovery version simply for the asking.
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[59:58.200 --> 01:00:00.200] That's freestudybible.com.
[01:00:00.200 --> 01:00:04.200] This news brief brought to you by the International News Net.
[01:00:04.200 --> 01:00:09.200] In Libya, Four Blasts rocked an area near the center of Tripoli late on Wednesday night.
[01:00:09.200 --> 01:00:11.200] The exact targets could not be identified.
[01:00:11.200 --> 01:00:18.200] Wednesday morning, several missiles hit the district of Tripoli where Libyan ruler Muammar Gaddafi's residence is located.
[01:00:18.200 --> 01:00:22.200] NATO warplanes also attacked Gaddafi's residence on Monday.
[01:00:22.200 --> 01:00:29.200] The Libyan government said 19 people were killed and more than 150 others were injured.
[01:00:29.200 --> 01:00:40.200] Texas withdrew a bill recently which would fine and arrest Transportation Security Administration officials for groping after the agency threatened to shut down all flights from the state.
[01:00:40.200 --> 01:00:43.200] The bill was passed in the Texas House of Representatives.
[01:00:43.200 --> 01:00:52.200] However, TSA said states could not pass a statute that conflicts with federal law and if passed in the Senate would have to shut down Texas airports.
[01:00:52.200 --> 01:00:57.200] Texas representatives subsequently withdrew the bill.
[01:00:57.200 --> 01:01:05.200] Ray Abilea who heckled Israeli Prime Minister Benjamin Netanyahu during his address to Congress Monday was beaten and later detained while in the hospital.
[01:01:05.200 --> 01:01:18.200] The 28-year-old Jewish American woman who is the Middle East campaign coordinator for Code Pink was tackled by members of the American Israeli Public Affairs Committee after she yelled, quote, stop Israeli war crimes.
[01:01:18.200 --> 01:01:24.200] She was later arrested while being treated for neck and shoulder injuries she sustained.
[01:01:24.200 --> 01:01:37.200] Thousands of supporters of Shia cleric Muqtada al-Sadr rallied in Baghdad Thursday in a show of force against any extension of U.S. military presence in Iraq past the year-end deadline.
[01:01:37.200 --> 01:01:45.200] Members of al-Sadr's Mahdi army, quote, converged at Sadr City, the northeast in Baghdad neighborhood named after the cleric's father.
[01:01:45.200 --> 01:01:50.200] The cleric's loyalists staged a peaceful protest marching without weapons.
[01:01:50.200 --> 01:01:54.200] Al Jazeera reports, quote, they have a message aimed at Americans.
[01:01:54.200 --> 01:02:03.200] If you stay beyond the December 31st withdrawal deadline, the Mahdi army will resume its military activities and they will battle U.S. forces.
[01:02:03.200 --> 01:02:12.200] This January, Iraqi Prime Minister Nouri al-Maliki called for a national dialogue to gauge whether U.S. troops should stay beyond 2011.
[01:02:12.200 --> 01:02:20.200] And U.S. Defense Secretary Robert Gates said he hopes Iraqi leaders will ask them to stay beyond the deadline.
[01:02:20.200 --> 01:02:29.200] Tokyo Electric Power, operators of the contaminated Fukushima Daiichi nuclear plant, said Thursday radioactive water appears to be leaking from a waste disposal building at the site.
[01:02:29.200 --> 01:02:41.200] The disclosure by TEPCO raises the stakes in a race to complete a system to decontaminate a massive pool of radioactive water at the complex that critics say is a growing risk to the Pacific Ocean and groundwater.
[01:02:41.200 --> 01:02:50.200] A magnitude 9.0 earthquake and the massive tsunami that followed knocked out the Fukushima plant in March, triggering the world's worst nuclear accident since Chernobyl.
[01:02:50.200 --> 01:03:11.200] Although many outside experts had concluded that uranium fuel in three Fukushima reactors had melted down within days of the crisis, TEPCO only announced that conclusion this week.
[01:03:11.200 --> 01:03:40.200] According to the rule of law radio network at ruleoflawradio.com, live free speech talk radio at its best.
[01:03:40.200 --> 01:03:42.200] Okay, we're back.
[01:03:42.200 --> 01:03:45.200] Brandon Kelton, W. Stevens, Rule of Law Radio.
[01:03:45.200 --> 01:03:48.200] Eddie Craig is out of pocket tonight.
[01:03:48.200 --> 01:03:50.200] We're talking to Legal Bear.
[01:03:50.200 --> 01:03:55.200] And when we went out, he was sucking up to the prosecutor.
[01:03:55.200 --> 01:04:01.200] So tell us, how well does sucking up to the prosecutor work out for you?
[01:04:01.200 --> 01:04:02.200] Well, you know what?
[01:04:02.200 --> 01:04:09.200] Maybe we have to jump backward a little bit because that was something you helped me on was that I found a Rule 6.
[01:04:09.200 --> 01:04:17.200] In our criminal procedure, it talked about once I caught the judge altering the transcript, I had a little fun with that.
[01:04:17.200 --> 01:04:18.200] I don't think you've heard about that.
[01:04:18.200 --> 01:04:28.200] I made up a demand and panel of the grand jury in the public interest based on our Rule 6, which reads the same as the federal Rule 6 and criminal procedure for federal.
[01:04:28.200 --> 01:04:32.200] And basically what it did was I said, here's what happened.
[01:04:32.200 --> 01:04:43.200] The grand jury should have investigators check the hard drives of the court reporter and also interview everybody that witnessed what the judge said in the courtroom.
[01:04:43.200 --> 01:04:44.200] There was plenty of witnesses there.
[01:04:44.200 --> 01:04:49.200] And for the following crimes, then I listed off like some felonies.
[01:04:49.200 --> 01:04:57.200] And I don't think the judge anticipated that attaching a false certificate to that transcript was a Class 4 felony on the court reporter.
[01:04:57.200 --> 01:05:14.200] And I don't think they think in terms of that that by altering that record and then having that court reporter put that certificate on there that it's a true and correct deal, that they're involving that clerk in a Class 4 felony.
[01:05:14.200 --> 01:05:20.200] And so anyway, my next appearance, I picked that in and I said, Judge, let's talk about this first.
[01:05:20.200 --> 01:05:27.200] And I took it up to him and he looked at it and he says, you want me to impound on grand jury to investigate myself?
[01:05:27.200 --> 01:05:29.200] And I go, oh, yeah.
[01:05:29.200 --> 01:05:34.200] And I said, if the chief judge delegated the authority to you, did he?
[01:05:34.200 --> 01:05:38.200] And he goes, I'm not going to impound on grand jury to investigate myself.
[01:05:38.200 --> 01:05:41.200] He says, wouldn't I have a conflict?
[01:05:41.200 --> 01:05:45.200] And I broke into a big grin and I go, well, yeah.
[01:05:45.200 --> 01:05:50.200] Anyway.
[01:05:50.200 --> 01:05:58.200] Did you ask the judge to appoint a judge pro-chem to sit in his place for this purpose?
[01:05:58.200 --> 01:06:01.200] He told me, he goes, you're going to have to file this with someone else.
[01:06:01.200 --> 01:06:10.200] And what the rule says is that if the chief judge didn't delegate it to him, the authority to impound on grand jury, then it's with the chief judge.
[01:06:10.200 --> 01:06:18.200] So by then he pushed the panic button and a bunch of deputies were standing behind me and he was kind of freaking out.
[01:06:18.200 --> 01:06:28.200] So then I changed the subject to permission to leave the state and then got out of there and went down and made a copy and took and filed it with the chief judge instead.
[01:06:28.200 --> 01:06:31.200] And with all the deputies, there was three deputies that were following me around.
[01:06:31.200 --> 01:06:37.200] They knew me and so it was like having a little party there because they were all laughing and we were talking and stuff.
[01:06:37.200 --> 01:06:43.200] And they know I thought I wasn't there to, you know, do any harm to the judge, so to speak.
[01:06:43.200 --> 01:06:46.200] And so at any rate, that was what I did with it.
[01:06:46.200 --> 01:06:49.200] But that's just to kind of set the stage for sentencing.
[01:06:49.200 --> 01:06:58.200] The amazing thing that happened at sentencing was that the prosecutor was saying that we'd been talking out in the hall and we'd been getting along great.
[01:06:58.200 --> 01:07:02.200] And on the felonies, he goes, judge, I just can't see where Mr. Smith belongs in prison.
[01:07:02.200 --> 01:07:09.200] And that was what Deborah and I talked about for six, seven hours was, you know, kind of the anticipation of what might come.
[01:07:09.200 --> 01:07:12.200] He goes, so I'm recommending probation on that.
[01:07:12.200 --> 01:07:19.200] He went through the other charges and whenever he came to a mandatory sentencing, he gave me the absolute, he recommended the minimum.
[01:07:19.200 --> 01:07:27.200] And whenever he came to a, whenever he came to a suspendable fine, he recommended that it be suspended.
[01:07:27.200 --> 01:07:32.200] And then it was my turn to do allocation.
[01:07:32.200 --> 01:07:34.200] Then the judge went to sentencing.
[01:07:34.200 --> 01:07:41.200] And he went right down through and he followed the prosecutor's recommendations until he got to the jail sentence.
[01:07:41.200 --> 01:07:47.200] And he goes, 10 days on the jail sentence, both counts to be served concurrent.
[01:07:47.200 --> 01:07:49.200] So that was nice.
[01:07:49.200 --> 01:07:55.200] And then the prosecutor stands up and he says, well, judge, you know, the mandatory on that's five days.
[01:07:55.200 --> 01:08:00.200] And he was trying to get the minimum sentence for me on those.
[01:08:00.200 --> 01:08:03.200] And the judge says, no, no, we're going with 10.
[01:08:03.200 --> 01:08:09.200] And so at any rate, and then he says, and you'll start that today.
[01:08:09.200 --> 01:08:16.200] And I had already done my work looking at the appellate rules and I found rule 8.1 of our appellate rules.
[01:08:16.200 --> 01:08:24.200] It says that if you give him a notice of stay pending review, that he shall stay the jail sentence.
[01:08:24.200 --> 01:08:28.200] And I said, judge, I made up a form based on that.
[01:08:28.200 --> 01:08:30.200] It's about three lines long.
[01:08:30.200 --> 01:08:32.200] I said, judge, can I bring this up to you?
[01:08:32.200 --> 01:08:35.200] By then, a deputy had come in the side door.
[01:08:35.200 --> 01:08:39.200] He was standing behind me, clanking his handcuffs.
[01:08:39.200 --> 01:08:44.200] He'd taken them out of his little holder and he was tinkling them together.
[01:08:44.200 --> 01:08:45.200] I says, can I bring this up?
[01:08:45.200 --> 01:08:46.200] Sure.
[01:08:46.200 --> 01:08:49.200] So he looks at it and he goes, oh, 8.1, huh?
[01:08:49.200 --> 01:08:52.200] And the prosecutor goes, well, I'm not familiar with that rule, judge.
[01:08:52.200 --> 01:08:54.200] And he says, well, I've got it up here, come on up.
[01:08:54.200 --> 01:08:57.200] So the prosecutor and him huddled around the rule.
[01:08:57.200 --> 01:09:01.200] And it was like it was the first time they'd ever seen that, ever.
[01:09:01.200 --> 01:09:05.200] And I heard him say, may, and then they said, shall stay.
[01:09:05.200 --> 01:09:12.200] And the prosecutor turns around and walks back and the judge goes, well, OK, I guess your jail time is stayed.
[01:09:12.200 --> 01:09:15.200] And I'm pretty sure he said, and your fines too.
[01:09:15.200 --> 01:09:18.200] And the deputies put away their handcuffs.
[01:09:18.200 --> 01:09:25.200] So then one of the deputies that was in the courtroom, I knew him from when I was in jail in 2000.
[01:09:25.200 --> 01:09:29.200] And he was a jail within, but now he works in the court.
[01:09:29.200 --> 01:09:35.200] So he followed us out as we were leaving the courtroom, as we were standing at the elevator.
[01:09:35.200 --> 01:09:41.200] He says, that was a clever trick he did in there, pulling out those papers and staying out of jail.
[01:09:41.200 --> 01:09:44.200] He says, I've only seen that happen one other time.
[01:09:44.200 --> 01:09:48.200] And he said, it made a judge so mad when it happened.
[01:09:48.200 --> 01:09:52.200] And so I felt kind of good about that.
[01:09:52.200 --> 01:09:54.200] And let's see.
[01:09:54.200 --> 01:09:58.200] Oh, then I went to see my, you know, he gave me two years of probation.
[01:09:58.200 --> 01:10:01.200] And this is just a tragedy.
[01:10:01.200 --> 01:10:06.200] I think we've got to start, Randy, doing more work on perjury of oath.
[01:10:06.200 --> 01:10:13.200] Because if I got a Supreme Court case that says no waiver of counsel, no jail time can be imposed,
[01:10:13.200 --> 01:10:19.200] Arger Singer v. Hamlin, and I got another Supreme Court case that says no waiver of counsel,
[01:10:19.200 --> 01:10:24.200] no assistance to counsel, no probation or deferred sentence can be imposed,
[01:10:24.200 --> 01:10:28.200] and I notify the judge about that before sentencing,
[01:10:28.200 --> 01:10:34.200] and he still sentences me to probation and jail time anyway,
[01:10:34.200 --> 01:10:40.200] as far as I'm concerned, that's perjuring his oath.
[01:10:40.200 --> 01:10:42.200] Works for me.
[01:10:42.200 --> 01:10:43.200] Yeah.
[01:10:43.200 --> 01:10:47.200] He swore on his oath to uphold the laws to protect the Constitution,
[01:10:47.200 --> 01:10:51.200] and he's acting in direct contravention there, too.
[01:10:51.200 --> 01:10:55.200] Article 12 of the Colorado Constitution says that if they're convicted of perjury,
[01:10:55.200 --> 01:10:59.200] they can no longer serve in a government capacity.
[01:10:59.200 --> 01:11:05.200] And it also mentions subordination of perjury.
[01:11:05.200 --> 01:11:07.200] Start pushing that toward grand juries.
[01:11:07.200 --> 01:11:10.200] That'll really get their attention.
[01:11:10.200 --> 01:11:16.200] Yeah.
[01:11:16.200 --> 01:11:17.200] Go ahead.
[01:11:17.200 --> 01:11:26.200] Oh, and then it looked to me like what happened was when the prosecutor who also read my motion,
[01:11:26.200 --> 01:11:32.200] it was a really bizarrely captioned motion,
[01:11:32.200 --> 01:11:39.200] because what I was trying to do was prevent them from imposing an illegal sentence in the first instance.
[01:11:39.200 --> 01:11:40.200] And he read it.
[01:11:40.200 --> 01:11:45.200] But he still said, jail time, he still said probation.
[01:11:45.200 --> 01:11:52.200] And so as far as I'm concerned, what he was doing was he was asking the judge to perjure his oath.
[01:11:52.200 --> 01:11:54.200] My problem here was...
[01:11:54.200 --> 01:11:55.200] ...perjury, yeah.
[01:11:55.200 --> 01:11:56.200] Yeah.
[01:11:56.200 --> 01:12:01.200] And he was becoming complicit in it, huh?
[01:12:01.200 --> 01:12:04.200] Conspiracy to commit.
[01:12:04.200 --> 01:12:09.200] Something, what, in a treason against the Constitution?
[01:12:09.200 --> 01:12:14.200] I mean, those Supreme Court rulings are based on, what, Sixth Amendment, I guess.
[01:12:14.200 --> 01:12:17.200] Well, not treason, maybe sedition.
[01:12:17.200 --> 01:12:19.200] Really?
[01:12:19.200 --> 01:12:23.200] Treason's armed conflict, armed insurrection.
[01:12:23.200 --> 01:12:25.200] Sedition's not.
[01:12:25.200 --> 01:12:34.200] When I first got here to Sydney, I went and watched a pro se before the Supreme Court here in New South Wales.
[01:12:34.200 --> 01:12:38.200] And he was accusing the judge of treason.
[01:12:38.200 --> 01:12:43.200] Well, I pulled out the code for treason, and treason was armed insurrection.
[01:12:43.200 --> 01:12:49.200] I haven't looked at sedition yet, but this probably goes closer to sedition.
[01:12:49.200 --> 01:12:50.200] Trying to undermine...
[01:12:50.200 --> 01:13:01.200] Eddie, I saw Eddie quote U.S. v. Will and possibly the Coens v. Virginia where they said if they take jurisdiction when they have none
[01:13:01.200 --> 01:13:06.200] or if they refuse to take it when they do have it, either would be treason to the Constitution.
[01:13:06.200 --> 01:13:12.200] Yes, that's, we, unlike the legislature, we may not avoid an issue because it is onerous.
[01:13:12.200 --> 01:13:21.200] We must, we may not take jurisdiction where jurisdiction is had and we must take jurisdiction where jurisdiction is had.
[01:13:21.200 --> 01:13:25.200] Either would be treason to the Constitution.
[01:13:25.200 --> 01:13:29.200] However, that was just rhetoric.
[01:13:29.200 --> 01:13:39.200] It didn't establish that you could charge the person for treason.
[01:13:39.200 --> 01:13:45.200] And I've heard that argument made before, but I don't think anyone's going to read Coens v. Virginia
[01:13:45.200 --> 01:13:53.200] and say that it intended that a person be subject to prosecution for treason in that circumstance.
[01:13:53.200 --> 01:13:54.200] Right.
[01:13:54.200 --> 01:14:04.200] The sedition is less, I mean, it's really, really serious, but it's, the requirements are less.
[01:14:04.200 --> 01:14:11.200] You get a better shot at it and it's all about stinging them as hard as we can.
[01:14:11.200 --> 01:14:15.200] You know what I was thinking?
[01:14:15.200 --> 01:14:16.200] Go ahead.
[01:14:16.200 --> 01:14:24.200] Well, you know, that was another thing that happened, too, was that, you know, I was looking at some of the case law,
[01:14:24.200 --> 01:14:30.200] the U.S. Supreme Court decisions about constitutional interpretation, and they were, you know, they were saying things like
[01:14:30.200 --> 01:14:34.200] we don't look to see which one applies.
[01:14:34.200 --> 01:14:38.200] We look to see whether any of the provisions were violated.
[01:14:38.200 --> 01:14:40.200] And then they went to another one.
[01:14:40.200 --> 01:14:46.200] They said we don't look at it like de minimis, like, oh, that was just a little thing.
[01:14:46.200 --> 01:14:52.200] We look at it like resist the advances, and that came from Boyd v. U.S.
[01:14:52.200 --> 01:15:01.200] And then another thing they said was that all of the provisions of the Constitution must be given their full weight.
[01:15:01.200 --> 01:15:06.200] There's not any part of it that's a surplus edge or superfluous.
[01:15:06.200 --> 01:15:13.200] And then, you know what, I got to looking at the preamble, and I started to understand.
[01:15:13.200 --> 01:15:23.200] You know what, the preamble is not up there as the introduction to a book or a preface to a book, you know,
[01:15:23.200 --> 01:15:26.200] where you can just skip it if you feel like it.
[01:15:26.200 --> 01:15:33.200] It's up there to tell you here is the underlying principle for everything that follows.
[01:15:33.200 --> 01:15:41.200] And in other words, when you're looking at anything that comes after this, you keep in mind these principles right here.
[01:15:41.200 --> 01:15:46.200] And, you know, the biggest word that jumps off there is the word liberty.
[01:15:46.200 --> 01:15:51.200] And that's, you know, freedom from despotism.
[01:15:51.200 --> 01:15:58.200] And, oh, so I had that – the guy who arrested me was on the stand, and I was asking him.
[01:15:58.200 --> 01:16:00.200] He goes, well, I was going to call in.
[01:16:00.200 --> 01:16:04.200] I wanted to know whether you were entitled to diplomatic immunity.
[01:16:04.200 --> 01:16:07.200] I said, well, do the people of this country, do they have any immunity?
[01:16:07.200 --> 01:16:12.200] He goes, no. I said, did you ever hear the phrase rights, privileges, and immunities?
[01:16:12.200 --> 01:16:16.200] And he goes, no, not together like that.
[01:16:16.200 --> 01:16:17.200] I says, well –
[01:16:17.200 --> 01:16:19.200] Well, I'm not surprised.
[01:16:19.200 --> 01:16:23.200] Okay, we are about to run out of time here.
[01:16:23.200 --> 01:16:25.200] Okay.
[01:16:25.200 --> 01:16:30.200] Rights, privileges, and immunities, I'm not surprised that the police haven't heard of it.
[01:16:30.200 --> 01:16:37.200] I've yet to find a policeman who had a clue to what the law was governing the performance of his own duty.
[01:16:37.200 --> 01:16:41.200] He's there to enforce the law and has no clue as to what it is.
[01:16:41.200 --> 01:16:42.200] Thank you, Barry.
[01:16:42.200 --> 01:16:44.200] All right. Thanks for having me on, Randy.
[01:16:44.200 --> 01:16:48.200] Okay. When we come back, we'll go to Danny in Texas.
[01:16:48.200 --> 01:16:52.200] This is Randy Kelton, Deborah Stevens, We Will All Radio.
[01:16:52.200 --> 01:16:57.200] Eddie will be back sometime in the near to distant future.
[01:16:57.200 --> 01:17:00.200] We will be right back.
[01:17:27.200 --> 01:17:32.200] We're on the west side of Burnet Road, in the Stanley Insurance Building on the ground floor,
[01:17:32.200 --> 01:17:35.200] next to the Ishoban Sushi and the Genie Car Wash.
[01:17:35.200 --> 01:17:39.200] We're open Monday through Friday, 10 to 6, Saturdays 10 to 5.
[01:17:39.200 --> 01:17:45.200] You're welcome to stop in during regular business hours or call 512-646-6440.
[01:17:45.200 --> 01:17:50.200] Ask for Chad or Becky and say that you heard about us on Rule of Law Radio or Texas Liberty Radio.
[01:17:50.200 --> 01:17:56.200] That's Capitol Corn and Bullion at our new location at 7304 Burnet Road Suite A.
[01:17:56.200 --> 01:18:00.200] Call 512-646-6440.
[01:18:00.200 --> 01:18:04.200] My name is Randall Kelton and I co-host on Rule of Law Radio.
[01:18:04.200 --> 01:18:09.200] We specialize in showing people how to strike back against corrupt public officials.
[01:18:09.200 --> 01:18:13.200] With the mortgage crisis worsening, we set our sights on finding a remedy
[01:18:13.200 --> 01:18:16.200] for people who have been cheated by their lenders.
[01:18:16.200 --> 01:18:21.200] If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.
[01:18:21.200 --> 01:18:22.200] But there is a remedy.
[01:18:22.200 --> 01:18:30.200] Go to remediesinrealestate.com or call me at 512-430-4140
[01:18:30.200 --> 01:18:33.200] and find out how to use the consumer protection laws
[01:18:33.200 --> 01:18:37.200] to recover what the lenders have stolen through fraud and deception.
[01:18:37.200 --> 01:18:40.200] We will prepare for you a qualified written request
[01:18:40.200 --> 01:18:43.200] that will expose the fraud and put the lenders on the dime.
[01:18:43.200 --> 01:18:48.200] Lender fraud is bankrupting this country and it's time to fight back.
[01:18:48.200 --> 01:18:55.200] Go to remediesinrealestate.com or call 512-430-4140
[01:18:55.200 --> 01:19:01.200] and get the information you need to stop the money changers in their tracks.
[01:19:01.200 --> 01:19:25.200] I ain't gonna blame me I ain't gonna fool me with that same old trick again
[01:19:25.200 --> 01:19:33.200] I was blindsided but now I can see your hand You put the fear in my pocket
[01:19:33.200 --> 01:19:44.200] Lookin' money by my hand Ain't gonna fool me with that same old trick again
[01:19:44.200 --> 01:19:55.200] I ain't gonna fool me with that same old trick again
[01:19:55.200 --> 01:19:58.200] Okay, I know.
[01:19:58.200 --> 01:20:06.200] I was skipping over Mitchell because I knew he was going to try to stump the chump.
[01:20:06.200 --> 01:20:16.200] Yeah, Mitchell, my mistake.
[01:20:16.200 --> 01:20:18.200] Okay, sorry about that.
[01:20:18.200 --> 01:20:21.200] I thought you fell in the toilet for a minute.
[01:20:21.200 --> 01:20:23.200] Randy?
[01:20:23.200 --> 01:20:24.200] Yes, go ahead.
[01:20:24.200 --> 01:20:26.200] Okay, sorry about that.
[01:20:26.200 --> 01:20:33.200] Okay, the question is, is there case law in Texas that says if due process is violated
[01:20:33.200 --> 01:20:37.200] that you must stop the charges?
[01:20:37.200 --> 01:20:42.200] I've got a municipal court case where, of course, due process mostly follows
[01:20:42.200 --> 01:20:48.200] and need to know if I can cite case law that addresses it.
[01:20:48.200 --> 01:20:50.200] Don't be kissing!
[01:20:50.200 --> 01:20:58.200] Not that due process doesn't necessitate dropping the charges.
[01:20:58.200 --> 01:21:02.200] This was a problem with the Speedy Trial Act.
[01:21:02.200 --> 01:21:09.200] The legislature cannot legislate a judicial determination.
[01:21:09.200 --> 01:21:13.200] In the Speedy Trial Act, that goes to due process.
[01:21:13.200 --> 01:21:20.200] It said that if the court did not get the person to trial within a certain number of days,
[01:21:20.200 --> 01:21:22.200] they must dismiss.
[01:21:22.200 --> 01:21:28.200] And the courts came back and said that's legislating a judicial decision.
[01:21:28.200 --> 01:21:34.200] And the Supreme overturned the statute because of that.
[01:21:34.200 --> 01:21:41.200] So no, they cannot legislate a dismissal.
[01:21:41.200 --> 01:21:49.200] There are other issues in due process, but the automatic dismissal is not one of them.
[01:21:49.200 --> 01:21:50.200] Okay.
[01:21:50.200 --> 01:21:58.200] And then in Texas, I'm sorry, could you hold on just one second?
[01:21:58.200 --> 01:22:00.200] I'm dropping something here.
[01:22:00.200 --> 01:22:08.200] Okay, let me go to Danny and then we'll come right back to you.
[01:22:08.200 --> 01:22:16.200] Hello.
[01:22:16.200 --> 01:22:19.200] I think we put him to sleep.
[01:22:19.200 --> 01:22:23.200] All right, I heard you then.
[01:22:23.200 --> 01:22:27.200] Can you hear me?
[01:22:27.200 --> 01:22:32.200] Yeah, hello?
[01:22:32.200 --> 01:22:34.200] Danny, why don't you call back in?
[01:22:34.200 --> 01:22:36.200] You seem, you're waking up pretty bad.
[01:22:36.200 --> 01:22:39.200] We're just getting a syllable too.
[01:22:39.200 --> 01:22:44.200] Okay, let's go.
[01:22:44.200 --> 01:22:46.200] Now, go back to Mitchell.
[01:22:46.200 --> 01:22:49.200] Mitchell was going to fix this.
[01:22:49.200 --> 01:22:52.200] Randy?
[01:22:52.200 --> 01:22:58.200] Randy?
[01:22:58.200 --> 01:22:59.200] Hello?
[01:22:59.200 --> 01:23:02.200] Sounds like he's in a lot more quiet.
[01:23:02.200 --> 01:23:08.200] Randy?
[01:23:08.200 --> 01:23:16.200] Hello, Randy?
[01:23:16.200 --> 01:23:18.200] Okay, wait, wait, Danny's back up.
[01:23:18.200 --> 01:23:28.200] Let's try Danny.
[01:23:28.200 --> 01:23:41.200] Hello?
[01:23:41.200 --> 01:23:46.200] Well, it sounds like we're having some issues tonight.
[01:23:46.200 --> 01:23:51.200] Okay, Danny apparently has a bad connection.
[01:23:51.200 --> 01:23:57.200] Okay, let's go to Ray in Texas.
[01:23:57.200 --> 01:24:00.200] Ray, what's on your mind tonight?
[01:24:00.200 --> 01:24:01.200] Can you hear me, Randy?
[01:24:01.200 --> 01:24:02.200] Yeah, can you hear us?
[01:24:02.200 --> 01:24:03.200] Yeah, I can hear you perfectly.
[01:24:03.200 --> 01:24:05.200] Okay, all right, we got Ray.
[01:24:05.200 --> 01:24:08.200] No, Ray, I can't hear a word you're saying.
[01:24:08.200 --> 01:24:10.200] Okay.
[01:24:10.200 --> 01:24:13.200] I've been trying to get a hold of you all week, Randy.
[01:24:13.200 --> 01:24:15.200] Okay.
[01:24:15.200 --> 01:24:19.200] That mortgage thing, the escrow that they're trying to force on me,
[01:24:19.200 --> 01:24:22.200] I've never been late on my path.
[01:24:22.200 --> 01:24:24.200] I think I sent you an email with everything.
[01:24:24.200 --> 01:24:27.200] Okay, let me bring people up.
[01:24:27.200 --> 01:24:32.200] Ray wasn't behind on anything, and he sued the mortgage company.
[01:24:32.200 --> 01:24:39.200] And they, after the suit, they, he was paying all his taxes and everything,
[01:24:39.200 --> 01:24:43.200] everything was paid up, and now they're trying to force escrow.
[01:24:43.200 --> 01:24:48.200] Will you explain what they've done with the escrow?
[01:24:48.200 --> 01:24:50.200] They're trying to force insurance on me, too,
[01:24:50.200 --> 01:24:52.200] even though I already have insurance and they know I have insurance.
[01:24:52.200 --> 01:24:57.200] Insurance has already sent it to them five times.
[01:24:57.200 --> 01:24:59.200] Hello?
[01:24:59.200 --> 01:25:01.200] Have you, okay.
[01:25:01.200 --> 01:25:06.200] So we're writing a dispute letter, which I need to get in before the second,
[01:25:06.200 --> 01:25:09.200] but, Randy, do I go ahead and just pay my regular payment
[01:25:09.200 --> 01:25:16.200] or do I go ahead and pay the extra $220 they're going to charge me?
[01:25:16.200 --> 01:25:18.200] I would not pay the extra.
[01:25:18.200 --> 01:25:20.200] Do not pay the extra?
[01:25:20.200 --> 01:25:22.200] You would pay your regular payment,
[01:25:22.200 --> 01:25:28.200] and you might petition the court for a motion,
[01:25:28.200 --> 01:25:33.200] an order from the court to order them to cease and desist, a restraining order.
[01:25:33.200 --> 01:25:34.200] Restraining order.
[01:25:34.200 --> 01:25:38.200] But we can talk about doing a restraining order to the court
[01:25:38.200 --> 01:25:48.200] to restrain the lender from attempting to punish you for taking action against them.
[01:25:48.200 --> 01:25:50.200] And this looks like fraud.
[01:25:50.200 --> 01:25:55.200] If you already have insurance and they're trying to force place insurance,
[01:25:55.200 --> 01:25:57.200] we need to look back at the code.
[01:25:57.200 --> 01:26:01.200] This is unusual for them to do that.
[01:26:01.200 --> 01:26:07.200] That will come up fraud under the Real Estate Settlement Procedures Act.
[01:26:07.200 --> 01:26:08.200] So do we do this as a motion?
[01:26:08.200 --> 01:26:10.200] How do we do this?
[01:26:10.200 --> 01:26:14.200] I do a motion for a restraining order.
[01:26:14.200 --> 01:26:18.200] Ask the court to restrain the lender from taking punitive actions against you
[01:26:18.200 --> 01:26:22.200] in retaliation for your suit.
[01:26:22.200 --> 01:26:26.200] The court's not likely to be happy about that kind of thing,
[01:26:26.200 --> 01:26:32.200] and we show that they're trying to force place insurance when insurance already exists,
[01:26:32.200 --> 01:26:38.200] and they're trying to force you to pay escrow when there is no escrow agreement.
[01:26:38.200 --> 01:26:45.200] Right. Well, what happened is every year we paid in two payments, in January and April,
[01:26:45.200 --> 01:26:46.200] before it goes up.
[01:26:46.200 --> 01:26:52.200] Well, they came in sneakily and paid it before I did.
[01:26:52.200 --> 01:26:59.200] So they paid half of my taxes before I got a chance to.
[01:26:59.200 --> 01:27:04.200] Well, then you can reimburse them for the half that they paid.
[01:27:04.200 --> 01:27:09.200] But other than that, you know, that's money you'd be out anyway.
[01:27:09.200 --> 01:27:14.200] And then ask the court for a restraining order to restrain them from doing that in the future,
[01:27:14.200 --> 01:27:19.200] as it will cause unnecessary complication.
[01:27:19.200 --> 01:27:25.200] And then they're likely to come in and explain why they did it.
[01:27:25.200 --> 01:27:30.200] It's kind of weird since I've done it that way for the past 12 years.
[01:27:30.200 --> 01:27:35.200] I've asked for them to do that before, but they never have.
[01:27:35.200 --> 01:27:41.200] Well, like we talked earlier on this, I suspect they may have a concern.
[01:27:41.200 --> 01:27:46.200] It may just be a policy that when one goes to court this way,
[01:27:46.200 --> 01:27:49.200] they want to make sure everything is covered.
[01:27:49.200 --> 01:27:50.200] Right.
[01:27:50.200 --> 01:27:54.200] If they're thinking this guy's PO'd at us and he might not be taking care of business,
[01:27:54.200 --> 01:27:57.200] we need to make sure we don't lose his taxes.
[01:27:57.200 --> 01:28:00.200] And rather than check, they just pay them.
[01:28:00.200 --> 01:28:09.200] But you can find this out if you petition for a restraining order.
[01:28:09.200 --> 01:28:17.200] And then they'll force the court lender to come in and explain himself.
[01:28:17.200 --> 01:28:21.200] In the end, we have to look reasonable.
[01:28:21.200 --> 01:28:27.200] Since you have them in court, in the end, everything, you consider what's going to look good to the court.
[01:28:27.200 --> 01:28:28.200] Okay.
[01:28:28.200 --> 01:28:30.200] You said unnecessary something earlier.
[01:28:30.200 --> 01:28:33.200] What was that?
[01:28:33.200 --> 01:28:34.200] They're punishing you.
[01:28:34.200 --> 01:28:40.200] They're attempting to punish you with unnecessary, by forced-place insurance.
[01:28:40.200 --> 01:28:44.200] It's unnecessary because insurance is already in place.
[01:28:44.200 --> 01:28:51.200] And I think after you've paid 15 percent of the mortgage off,
[01:28:51.200 --> 01:28:54.200] you're not required to keep the insurance anyway.
[01:28:54.200 --> 01:28:58.200] Is this mortgage insurance or hazard insurance?
[01:28:58.200 --> 01:29:02.200] I have full coverage insurance and I pay it every year.
[01:29:02.200 --> 01:29:05.200] You know, I pay payments every month to my insurance.
[01:29:05.200 --> 01:29:12.200] How does the cost of the forced-place insurance compare to your insurance?
[01:29:12.200 --> 01:29:18.200] Well, because they're charging me to finance to get the insurance.
[01:29:18.200 --> 01:29:20.200] So all I want is the dollar amount.
[01:29:20.200 --> 01:29:23.200] How much different is it going to be?
[01:29:23.200 --> 01:29:27.200] With the escrow and the insurance?
[01:29:27.200 --> 01:29:29.200] No, no, no, no.
[01:29:29.200 --> 01:29:30.200] We're running out of time.
[01:29:30.200 --> 01:29:33.200] Insurance, insurance, only insurance.
[01:29:33.200 --> 01:29:36.200] We can't compare insurance if you add other stuff.
[01:29:36.200 --> 01:29:39.200] What's the insurance charge they're giving you?
[01:29:39.200 --> 01:29:42.200] Well, they're charging me to finance the insurance, what I'm saying.
[01:29:42.200 --> 01:29:44.200] It's charging me a whole lot.
[01:29:44.200 --> 01:29:45.200] Ray, Ray, hold on.
[01:29:45.200 --> 01:29:47.200] We've got to go to break.
[01:29:47.200 --> 01:29:51.200] When we come back, I'll try to find a way to compare their insurance,
[01:29:51.200 --> 01:29:53.200] what they're charging you, to what you're paying.
[01:29:53.200 --> 01:29:55.200] We don't care what they call it.
[01:29:55.200 --> 01:29:58.200] Okay, this is Randy Kelton, Debra Stevens, Eddie Craig.
[01:29:58.200 --> 01:29:59.200] We'll be right back.
[01:29:59.200 --> 01:30:03.200] Top Ten Reasons to Question the Official Story of the Oklahoma City Bombing.
[01:30:03.200 --> 01:30:05.200] Number nine, the extra leg.
[01:30:05.200 --> 01:30:08.200] Former Oklahoma State Medical Examiner Dr. Fred Jordan had stated,
[01:30:08.200 --> 01:30:12.200] we had eight people with amputated left legs and nine left legs to account for.
[01:30:12.200 --> 01:30:15.200] Chief Pathologist for Northern Ireland T.K. Marshall,
[01:30:15.200 --> 01:30:18.200] who performed over 2,500 autopsies in his time, stated,
[01:30:18.200 --> 01:30:20.200] there's never been an unknown victim.
[01:30:20.200 --> 01:30:22.200] This leg belonged to a perpetrator close enough to the bomb
[01:30:22.200 --> 01:30:26.200] or his body to be damaged, leaving only a left leg behind.
[01:30:26.200 --> 01:30:27.200] Who was this person?
[01:30:27.200 --> 01:30:32.200] Please go to okcbombingtruth.com.
[01:30:32.200 --> 01:30:34.200] Are you having guilty thoughts?
[01:30:34.200 --> 01:30:36.200] They could land you in jail.
[01:30:36.200 --> 01:30:40.200] Neuroforensic brain scans are being used to prove guilt in India,
[01:30:40.200 --> 01:30:43.200] and they could be coming to a courtroom near you.
[01:30:43.200 --> 01:30:46.200] I'm Dr. Catherine Albrecht, and I'll tell you more in just a moment.
[01:30:46.200 --> 01:30:48.200] Privacy is under attack.
[01:30:48.200 --> 01:30:52.200] When you give up data about yourself, you'll never get it back again.
[01:30:52.200 --> 01:30:57.200] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:57.200 --> 01:31:02.200] So protect your rights, say no to surveillance, and keep your information to yourself.
[01:31:02.200 --> 01:31:04.200] Privacy, it's worth hanging on to.
[01:31:04.200 --> 01:31:08.200] This public service announcement is brought to you by Startpage.com,
[01:31:08.200 --> 01:31:12.200] the private search engine alternative to Google, Yahoo, and Bing.
[01:31:12.200 --> 01:31:15.200] Start over with Startpage.
[01:31:15.200 --> 01:31:20.200] If you're charged with murder in India, you could confess without saying a word.
[01:31:20.200 --> 01:31:23.200] Their courts use brainwave technology to read defendants' minds
[01:31:23.200 --> 01:31:25.200] and place them at the scene of the crime.
[01:31:25.200 --> 01:31:29.200] The accused is fitted with a wired cap hooked to an EEG machine.
[01:31:29.200 --> 01:31:32.200] Investigators then read statements about the crime
[01:31:32.200 --> 01:31:34.200] and document the defendant's brain response.
[01:31:34.200 --> 01:31:38.200] They claim the system is foolproof since it measures electrical activity
[01:31:38.200 --> 01:31:40.200] sparked by knowledge in the brain.
[01:31:40.200 --> 01:31:42.200] While the U.S. does not yet allow brainwave evidence,
[01:31:42.200 --> 01:31:45.200] experts predict it's just a matter of time.
[01:31:45.200 --> 01:31:48.200] Defense attorneys are petitioning for its use in American courts
[01:31:48.200 --> 01:31:51.200] to exonerate convicted criminals.
[01:31:51.200 --> 01:31:53.200] I'm Dr. Catherine Albrecht.
[01:31:53.200 --> 01:32:03.200] For more information, visit CatherineAlbrecht.com.
[01:32:23.200 --> 01:32:25.200] Thank you.
[01:32:53.200 --> 01:33:21.200] Okay, folks, we're back.
[01:33:21.200 --> 01:33:24.200] Okay, folks, we're back.
[01:33:24.200 --> 01:33:25.200] We're taking your calls.
[01:33:25.200 --> 01:33:26.200] We have Ray.
[01:33:26.200 --> 01:33:29.200] Next is going to be Mitchell.
[01:33:29.200 --> 01:33:33.200] Okay, let's try to move along so we can make sure we get all the calls in
[01:33:33.200 --> 01:33:35.200] by the end of the show.
[01:33:35.200 --> 01:33:39.200] Okay, Randy, you're trying to get Ray to clarify.
[01:33:39.200 --> 01:33:45.200] Yes, I'm trying to do a comparison at the end of the day,
[01:33:45.200 --> 01:33:51.200] only as concerns insurance and not as concerns taxes.
[01:33:51.200 --> 01:33:57.200] What is the difference between what you would be paying the –
[01:33:57.200 --> 01:34:01.200] actually, in this case, you're paying both.
[01:34:01.200 --> 01:34:10.200] So what is the amount of the forced-place insurance and who is it with?
[01:34:10.200 --> 01:34:12.200] It's going to be their insurance.
[01:34:12.200 --> 01:34:15.200] I don't know.
[01:34:15.200 --> 01:34:17.200] I don't have the two papers in front of me to compare them,
[01:34:17.200 --> 01:34:21.200] but tomorrow I will because we're supposed to talk about that tomorrow.
[01:34:21.200 --> 01:34:25.200] Okay, Ray, here's two things to look for.
[01:34:25.200 --> 01:34:30.200] Are they force-placing an insurance policy on you
[01:34:30.200 --> 01:34:34.200] with a company in which they have an interest?
[01:34:34.200 --> 01:34:40.200] If they attempt to do that, they are required to notify you of their interest
[01:34:40.200 --> 01:34:47.200] and notify you that you can secure your own insurance.
[01:34:47.200 --> 01:34:48.200] You already have your own.
[01:34:48.200 --> 01:34:51.200] That's why I wanted to look at the differences.
[01:34:51.200 --> 01:34:56.200] But since you already have a policy in place,
[01:34:56.200 --> 01:35:01.200] this whole thing is punitive and you should go after them for fraud.
[01:35:01.200 --> 01:35:04.200] I've had a policy in place for 12 years.
[01:35:04.200 --> 01:35:11.200] This would be grounds for – I file criminal charges against them for fraud.
[01:35:11.200 --> 01:35:15.200] Whoever signed the document that was sent to you,
[01:35:15.200 --> 01:35:23.200] not the bank, not the law firm, but whoever's name is on that document,
[01:35:23.200 --> 01:35:26.200] go down, make a criminal complaint and file against them.
[01:35:26.200 --> 01:35:28.200] That will get their attention.
[01:35:28.200 --> 01:35:32.200] But you also – can you repeat what you said earlier about the other thing
[01:35:32.200 --> 01:35:35.200] that we needed to file restraining order?
[01:35:35.200 --> 01:35:39.200] Yeah, we'll petition the court for restraining order,
[01:35:39.200 --> 01:35:45.200] asking them, the court, to restrain the lender from these punitive practices.
[01:35:45.200 --> 01:35:47.200] But we can talk about this off there.
[01:35:47.200 --> 01:35:48.200] Talk to Chris.
[01:35:48.200 --> 01:35:50.200] We'll handle this with Chris.
[01:35:50.200 --> 01:35:51.200] Okay.
[01:35:51.200 --> 01:35:52.200] Okay, we need to move along.
[01:35:52.200 --> 01:35:56.200] Thank you, Ray.
[01:35:56.200 --> 01:35:59.200] Go ahead.
[01:35:59.200 --> 01:36:02.200] Ray, what do you need, Randy, to clarify?
[01:36:02.200 --> 01:36:04.200] I said I'd take just my regular payment.
[01:36:04.200 --> 01:36:07.200] I don't pay that extra that they're wanting me to pay.
[01:36:07.200 --> 01:36:09.200] Right, right, pay your regular payment.
[01:36:09.200 --> 01:36:11.200] That's what I wanted you to know.
[01:36:11.200 --> 01:36:12.200] Okay.
[01:36:12.200 --> 01:36:14.200] Okay, we'll talk about it off here.
[01:36:14.200 --> 01:36:15.200] Okay, all right.
[01:36:15.200 --> 01:36:18.200] We're going now back to Mitchell in Texas.
[01:36:18.200 --> 01:36:20.200] Hopefully he's got to a quieter location.
[01:36:20.200 --> 01:36:22.200] Mitchell, what is your question?
[01:36:22.200 --> 01:36:23.200] Can you hear me okay?
[01:36:23.200 --> 01:36:25.200] Yeah, that's much better.
[01:36:25.200 --> 01:36:26.200] Okay, yeah, sorry about that.
[01:36:26.200 --> 01:36:29.200] I was just on hold for a while and then I was in a really noisy place.
[01:36:29.200 --> 01:36:34.200] Okay, so I've got a municipal court case for violation of a municipal ordinance.
[01:36:34.200 --> 01:36:38.200] And they, of course, I had to show up where it said on the ticket,
[01:36:38.200 --> 01:36:40.200] it was a traffic violation.
[01:36:40.200 --> 01:36:46.200] I showed up, that hearing or whatever it was, that first appearance,
[01:36:46.200 --> 01:36:49.200] all they did was say, well, we've got to reschedule
[01:36:49.200 --> 01:36:51.200] or we've got to set an appointment for later.
[01:36:51.200 --> 01:36:54.200] So, of course, they did that for like three weeks later.
[01:36:54.200 --> 01:36:58.200] And then I went to that next appointment.
[01:36:58.200 --> 01:37:00.200] And, of course, you meet with the prosecutor.
[01:37:00.200 --> 01:37:05.200] You know, probably both of you have been through this before in front of a judge
[01:37:05.200 --> 01:37:08.200] or the judge doesn't really participate, but you just meet with the prosecutor.
[01:37:08.200 --> 01:37:14.200] So my question is, there was never any appearance before a magistrate
[01:37:14.200 --> 01:37:19.200] to determine whether there was enough evidence.
[01:37:19.200 --> 01:37:20.200] Oh, because.
[01:37:20.200 --> 01:37:21.200] An appearance of enough evidence.
[01:37:21.200 --> 01:37:26.200] So is that required in this type of situation?
[01:37:26.200 --> 01:37:30.200] It's required in every criminal situation.
[01:37:30.200 --> 01:37:31.200] Okay.
[01:37:31.200 --> 01:37:34.200] I even went to, like, of course, that's what the prosecutor said,
[01:37:34.200 --> 01:37:35.200] that it's not required.
[01:37:35.200 --> 01:37:39.200] And I challenged her and she said, well, I'm not going to argue with you.
[01:37:39.200 --> 01:37:42.200] Do you want to send a child or not?
[01:37:42.200 --> 01:37:49.200] The way to challenge the prosecutor is file criminal charges against the judge,
[01:37:49.200 --> 01:37:56.200] whoever is exercising jurisdiction for official oppression,
[01:37:56.200 --> 01:37:59.200] and file a bar grievance against the attorney.
[01:37:59.200 --> 01:38:00.200] Okay.
[01:38:00.200 --> 01:38:01.200] Hold on a second.
[01:38:01.200 --> 01:38:03.200] Could you repeat that?
[01:38:03.200 --> 01:38:05.200] Pardon me?
[01:38:05.200 --> 01:38:08.200] A what against the judge?
[01:38:08.200 --> 01:38:09.200] Criminal complaint.
[01:38:09.200 --> 01:38:10.200] A criminal complaint.
[01:38:10.200 --> 01:38:11.200] Okay.
[01:38:11.200 --> 01:38:14.200] Now, that judge, is it that judge who was sitting there that day?
[01:38:14.200 --> 01:38:15.200] Because I asked him afterward.
[01:38:15.200 --> 01:38:16.200] Yes.
[01:38:16.200 --> 01:38:17.200] I said, well, who's going to hear this case?
[01:38:17.200 --> 01:38:19.200] And he says, well, I don't really know.
[01:38:19.200 --> 01:38:20.200] Okay.
[01:38:20.200 --> 01:38:22.200] You only care about the judge that ordered you.
[01:38:22.200 --> 01:38:28.200] My first issue is, who ordered you to come to court to meet with a prosecutor?
[01:38:28.200 --> 01:38:31.200] They give a little letter, and unfortunately, I don't have it with me here,
[01:38:31.200 --> 01:38:34.200] but they give a letter that...
[01:38:34.200 --> 01:38:35.200] Okay.
[01:38:35.200 --> 01:38:46.200] Get that letter and then go read Article 28.01, Texas Code of Criminal Procedure.
[01:38:46.200 --> 01:38:53.200] That statute lists those things the judge can order you to come to court for.
[01:38:53.200 --> 01:38:58.200] To meet with a prosecuting attorney is not one of them.
[01:38:58.200 --> 01:39:01.200] No judge ever issued any of these orders.
[01:39:01.200 --> 01:39:05.200] Yes, he did.
[01:39:05.200 --> 01:39:08.200] You don't care who wrote the name on it.
[01:39:08.200 --> 01:39:10.200] You don't care if a computer did it.
[01:39:10.200 --> 01:39:13.200] You don't care who did it.
[01:39:13.200 --> 01:39:18.200] You were ordered to appear, you appeared in front of this judge.
[01:39:18.200 --> 01:39:20.200] That's the one you named.
[01:39:20.200 --> 01:39:24.200] No, but I have not appeared.
[01:39:24.200 --> 01:39:30.200] Did you go to the hearing to meet with the prosecutor?
[01:39:30.200 --> 01:39:39.200] Of course not, but that is not necessarily saying that I met with a judge
[01:39:39.200 --> 01:39:41.200] or a judge issued any...
[01:39:41.200 --> 01:39:44.200] Wait a minute, you broke up too much.
[01:39:44.200 --> 01:39:49.200] Did you respond to the request that you come to court,
[01:39:49.200 --> 01:39:54.200] and did you meet with the prosecutor in front of the judge?
[01:39:54.200 --> 01:39:56.200] Yes.
[01:39:56.200 --> 01:40:02.200] Whoever that judge is committed the criminal act of abusive process.
[01:40:02.200 --> 01:40:06.200] Okay, so then that's the answer to my question.
[01:40:06.200 --> 01:40:14.200] Whatever the judge was or whoever the judge was who was presiding over the court at that time.
[01:40:14.200 --> 01:40:16.200] Precisely.
[01:40:16.200 --> 01:40:17.200] Great.
[01:40:17.200 --> 01:40:21.200] Okay, then the second question I have, and I apologize for that too,
[01:40:21.200 --> 01:40:23.200] I'm standing on a street here.
[01:40:23.200 --> 01:40:28.200] So my second question in that regard is on the complaint that was filed,
[01:40:28.200 --> 01:40:32.200] and I know the whole issue about a complaint is not really sufficient,
[01:40:32.200 --> 01:40:36.200] at least under the Texas Constitution, to bring someone to a trial,
[01:40:36.200 --> 01:40:42.200] but leaving that aside for a minute because I don't know if I'll get any traction on that.
[01:40:42.200 --> 01:40:49.200] The complaint was testified to by just some person who worked for the city.
[01:40:49.200 --> 01:40:58.200] That's who the affiant is, and I have not found yet anywhere where it says in the code of criminal procedure
[01:40:58.200 --> 01:41:07.200] that the affiant on a complaint must be someone of a certain office or prosecutor or something like that.
[01:41:07.200 --> 01:41:11.200] No, the affiant on the complaint can be anyone.
[01:41:11.200 --> 01:41:13.200] So that's legal.
[01:41:13.200 --> 01:41:17.200] Now you subpoena that person to court.
[01:41:17.200 --> 01:41:20.200] That was definitely on the list too.
[01:41:20.200 --> 01:41:23.200] Did you review this case?
[01:41:23.200 --> 01:41:26.200] What is your knowledge of this case?
[01:41:26.200 --> 01:41:28.200] What's your suggestion?
[01:41:28.200 --> 01:41:33.200] Well, they testified that they had reason to believe and do believe,
[01:41:33.200 --> 01:41:41.200] and you demand the basis of the belief, and they're going to tell you that they read the ticket,
[01:41:41.200 --> 01:41:50.200] and then you're going to ask the judge to arrest the clerk for aggravated perjury
[01:41:50.200 --> 01:41:56.200] because the ticket on its face is insufficient to establish a reasonable belief,
[01:41:56.200 --> 01:42:07.200] and that it's your position that the clerk issued the complaint not because she had reason to believe
[01:42:07.200 --> 01:42:14.200] a crime has been committed, but she issued the complaint as a matter of practice and policy.
[01:42:14.200 --> 01:42:18.200] I'm sorry, can you repeat that phrase, issued it on the basis of what?
[01:42:18.200 --> 01:42:21.200] Practice and policy.
[01:42:21.200 --> 01:42:23.200] Okay.
[01:42:23.200 --> 01:42:27.200] Not as she swore under oath because she had reason to believe
[01:42:27.200 --> 01:42:29.200] and did believe that a crime had been committed.
[01:42:29.200 --> 01:42:35.200] Okay, and is there any case law that says if someone issues on basis of practice and policy,
[01:42:35.200 --> 01:42:39.200] that's not sufficient enough?
[01:42:39.200 --> 01:42:45.200] Not on practice and policy, but there is on reasonable belief,
[01:42:45.200 --> 01:42:54.200] and I don't have that right in front of me, but there is, if you swear to a warrant based on,
[01:42:54.200 --> 01:42:58.200] you state that you have reason to believe and do believe,
[01:42:58.200 --> 01:43:05.200] and then it can be showed that you have no evidence to establish a reasonable belief,
[01:43:05.200 --> 01:43:09.200] then you can come after them for perjury.
[01:43:09.200 --> 01:43:15.200] Isn't it likely that they'd retort with, well, we have this ticket from a police officer,
[01:43:15.200 --> 01:43:20.200] and then I guess then I could say, well, listen, if you go into court
[01:43:20.200 --> 01:43:26.200] and accuse a public official of murdering all their children and they find all the children dead,
[01:43:26.200 --> 01:43:29.200] they're still going to want to protect them.
[01:43:29.200 --> 01:43:35.200] To say that because they might not do what they're supposed to,
[01:43:35.200 --> 01:43:42.200] that we shouldn't bother to do anything, oh, besides, the complaint doesn't go to that court anyway.
[01:43:42.200 --> 01:43:44.200] It goes to the grand jury.
[01:43:44.200 --> 01:43:46.200] That's the whole other animal.
[01:43:46.200 --> 01:43:49.200] Okay, this is Randy Kelvin, Deborah Stevens, Eddie Craig.
[01:43:49.200 --> 01:43:51.200] We're about to go to break.
[01:43:51.200 --> 01:43:53.200] Reggie, we have to move along.
[01:43:53.200 --> 01:43:54.200] We'll finish you up on the other side.
[01:43:54.200 --> 01:43:55.200] That was Mitchell.
[01:43:55.200 --> 01:43:56.200] No, this is Mitchell.
[01:43:56.200 --> 01:43:58.200] This is Mitchell, and then we'll go to Danny.
[01:43:58.200 --> 01:44:01.200] We'll be right back.
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[01:46:01.200 --> 01:46:22.200] Hello. Oh, man. In jail. Just broken up. Oh, I'm broken.
[01:46:22.200 --> 01:46:31.200] Some things in this world I will never understand. Some things I realize fully.
[01:46:31.200 --> 01:46:39.200] Somebody's gonna police that policeman. Somebody's gonna police the bully.
[01:46:39.200 --> 01:46:48.200] There's always room at the top of the hill. I hear through the grapevine and his lonely left shoe.
[01:46:48.200 --> 01:46:57.200] They're wishing it was more than opposition to bill. They know that if they don't do it, somebody will.
[01:46:57.200 --> 01:47:05.200] Some things in this world I will never understand. Some things I realize fully.
[01:47:05.200 --> 01:47:13.200] Somebody's gonna police that policeman. Somebody's gonna police the bully.
[01:47:13.200 --> 01:47:20.200] I know they will. Yeah, they're gonna put the bill.
[01:47:20.200 --> 01:47:24.200] Okay, folks, we are back. We're taking your calls. We only got one segment left.
[01:47:24.200 --> 01:47:30.200] Okay, we have Mitchell. We have Danny. Okay, Randy, you wanted to finish up with Mitchell quickly?
[01:47:30.200 --> 01:47:32.200] And then we're gonna move on to Danny.
[01:47:32.200 --> 01:47:41.200] I didn't mean to jump on you there, Mitchell, but the consideration of the fact that the court may not act properly is simply not a consideration.
[01:47:41.200 --> 01:47:50.200] Yeah, I know that's a no-brainer, but somehow I've got to integrate all this stuff into a motion for dismissal possibly.
[01:47:50.200 --> 01:48:01.200] So on the first two questions I asked, the bottom line I think from what you said was that when there is no magistrate,
[01:48:01.200 --> 01:48:06.200] yes, that is a due process violation, but the first question I asked you was, well,
[01:48:06.200 --> 01:48:11.200] is there any case law that says if there's a due process violation that the case must be thrown out?
[01:48:11.200 --> 01:48:16.200] The answer was essentially no, except for that one special case which is inapplicable.
[01:48:16.200 --> 01:48:23.200] So my question is, my bottom line question is, how would you suggest or what are some suggestions for...
[01:48:23.200 --> 01:48:33.200] Subject matter jurisdiction. It took a magistrate's determination and probable cause to give the court subject matter jurisdiction.
[01:48:33.200 --> 01:48:40.200] They don't have it. And this is really, there's other issues that Eddie needs to handle.
[01:48:40.200 --> 01:48:44.200] He's more, they spent more time on the traffic code.
[01:48:44.200 --> 01:48:55.200] There's a lot of other issues since you're in Texas that go to the traffic code itself.
[01:48:55.200 --> 01:48:59.200] He has a whole stack of issues. Are you in Austin?
[01:48:59.200 --> 01:49:01.200] Yes.
[01:49:01.200 --> 01:49:07.200] You need to come to his Sunday seminars. Bring these questions there.
[01:49:07.200 --> 01:49:10.200] He has a whole stack of things you can throw at him.
[01:49:10.200 --> 01:49:19.200] Okay. And the suggestion taken, but the bottom line distillation down of what you're sort of saying there,
[01:49:19.200 --> 01:49:27.200] and I know we may be missing things, but one possible motion for dismissal is that no subject
[01:49:27.200 --> 01:49:33.200] or no jurisdiction was ever granted.
[01:49:33.200 --> 01:49:40.200] Since there was no determination of probable cause, the court never received subject matter jurisdiction.
[01:49:40.200 --> 01:49:42.200] I'm sorry, what was the phrasing again?
[01:49:42.200 --> 01:49:52.200] Since there was no determination of probable cause, the court never received subject matter jurisdiction.
[01:49:52.200 --> 01:49:57.200] The court never received subject matter jurisdiction. Okay, super. I appreciate it.
[01:49:57.200 --> 01:50:00.200] Thank you, Mitchell.
[01:50:00.200 --> 01:50:05.200] Okay, bye. All right, we're going now to Danny in Texas.
[01:50:05.200 --> 01:50:09.200] Okay, Danny, thank you for calling in. What is your question? Comment for us tonight.
[01:50:09.200 --> 01:50:11.200] Well, can you all hear me okay now?
[01:50:11.200 --> 01:50:13.200] Yes, we can. Go ahead.
[01:50:13.200 --> 01:50:20.200] I can't hear a word you're saying. I'd love doing this. Go ahead, Danny. Just joking.
[01:50:20.200 --> 01:50:28.200] I've heard you mention a code section that the justice courts have to have their records available at all reasonable times.
[01:50:28.200 --> 01:50:32.200] Do you remember what that is off the top of your head?
[01:50:32.200 --> 01:50:36.200] Wait, say that again?
[01:50:36.200 --> 01:50:42.200] Code section requiring that justice courts have their...
[01:50:42.200 --> 01:50:51.200] Oh, no. Well, this was out of New York. This was a reprimand against a judge.
[01:50:51.200 --> 01:50:53.200] Oh, okay.
[01:50:53.200 --> 01:51:00.200] In New York, this court had to render a decision within 30 days.
[01:51:00.200 --> 01:51:07.200] And someone waited two years for a decision. The issue had fallen through the cracks.
[01:51:07.200 --> 01:51:14.200] And the person filed a conduct complaint against the judge.
[01:51:14.200 --> 01:51:30.200] And the commission came down and audited his books and reprimanded him for not keeping his books in order.
[01:51:30.200 --> 01:51:34.200] So there wasn't a specific statute on that issue.
[01:51:34.200 --> 01:51:38.200] Well, that doesn't sound anything like the way I've heard you describe it before,
[01:51:38.200 --> 01:51:44.200] that you started a process based on them not providing the records where you bring in criminal charges
[01:51:44.200 --> 01:51:48.200] and just went around through everybody in the county.
[01:51:48.200 --> 01:51:54.200] Wait a minute. You must be talking about something else totally.
[01:51:54.200 --> 01:51:55.200] What's that?
[01:51:55.200 --> 01:51:59.200] Are you talking about the procedure that I use to go after them?
[01:51:59.200 --> 01:52:08.200] Well, no. How were you able to show that the justice court had to have their records available at all times?
[01:52:08.200 --> 01:52:18.200] Oh, that. Okay. I'm sorry. I didn't understand what you were asking. 27.004 Government Code.
[01:52:18.200 --> 01:52:20.200] Okay.
[01:52:20.200 --> 01:52:27.200] The county court and the district court have a court rule that allows them to ask for a written request
[01:52:27.200 --> 01:52:30.200] and take up to 10 days to answer.
[01:52:30.200 --> 01:52:41.200] But 27.004 goes directly to magistrate courts and anything goes to a magistrate court, I mean a justice court,
[01:52:41.200 --> 01:52:44.200] also applies to a municipal court.
[01:52:44.200 --> 01:52:55.200] And it says that the justice shall keep all records available for inspection by all interested parties at all reasonable times.
[01:52:55.200 --> 01:53:03.200] And the attorney general has defined interested parties as any member of the public, reasonable times, normal business hours.
[01:53:03.200 --> 01:53:07.200] They don't get to ask for that written request.
[01:53:07.200 --> 01:53:14.200] I just got a message from my office listing saying that 27.004 does not exist.
[01:53:14.200 --> 01:53:18.200] Of course it does. I've got a copy of it.
[01:53:18.200 --> 01:53:23.200] Are they looking at the wrong code? This is government code, not code of criminal procedure.
[01:53:23.200 --> 01:53:25.200] Yeah. I don't know.
[01:53:25.200 --> 01:53:28.200] Okay. Look in government code.
[01:53:28.200 --> 01:53:30.200] Yeah. Okay.
[01:53:30.200 --> 01:53:33.200] I have had fun with that lots of times.
[01:53:33.200 --> 01:53:34.200] Yeah. I can imagine.
[01:53:34.200 --> 01:53:39.200] Okay. One more thing. Your idea earlier about the common law magistrate.
[01:53:39.200 --> 01:53:42.200] Well, there might be a way to bring that in.
[01:53:42.200 --> 01:53:50.200] That's not an idea. That is a very serious reality here in Australia.
[01:53:50.200 --> 01:53:56.200] And I would very much like to see that happen here.
[01:53:56.200 --> 01:54:03.200] In Article 1.27, the Code of Criminal Procedure, common law governs.
[01:54:03.200 --> 01:54:13.200] If this code fails to provide a rule of procedure in any particular state of case which may arise, the rules of common law should be...
[01:54:13.200 --> 01:54:15.200] Yeah. I'm familiar with that.
[01:54:15.200 --> 01:54:21.200] The problem is where do I find the common law?
[01:54:21.200 --> 01:54:30.200] Well, Oliver Wendell Holmes wrote a book, The Common Law. If that's in there, I don't know.
[01:54:30.200 --> 01:54:35.200] But I think I've got a copy, but I haven't read it.
[01:54:35.200 --> 01:54:39.200] Okay. Well, here's the problem with common law. That's stare decisis.
[01:54:39.200 --> 01:54:40.200] Yeah.
[01:54:40.200 --> 01:54:43.200] That's judges' rulings. Okay.
[01:54:43.200 --> 01:54:55.200] So if there is no law covering an issue, I can't expect to find case law on the non-existing law.
[01:54:55.200 --> 01:55:01.200] But I just did... In saying that, something just did occur to me.
[01:55:01.200 --> 01:55:17.200] If another state has a statute that addresses my issue, I should be able to pull the case law from that state to this state.
[01:55:17.200 --> 01:55:20.200] It would be common law.
[01:55:20.200 --> 01:55:27.200] But other than that, I don't know where to find anything that would be considered just common law.
[01:55:27.200 --> 01:55:37.200] When these guys talk about common law, they seem to be referring to something before the statutory law was put in place.
[01:55:37.200 --> 01:55:38.200] Yeah.
[01:55:38.200 --> 01:55:41.200] But I don't know where to look for it.
[01:55:41.200 --> 01:55:44.200] Yeah. I found that a problem too.
[01:55:44.200 --> 01:55:53.200] Yeah. So all these guys... We had someone here who was trying to get grand juries here.
[01:55:53.200 --> 01:56:07.200] And since the government eliminated grand juries and they did it without a constitutional referendum to make an argument on that score,
[01:56:07.200 --> 01:56:15.200] but he's trying to bring in a jury through a common law jury.
[01:56:15.200 --> 01:56:23.200] And he stood up and raised this issue in the seminar I did, and I said, okay.
[01:56:23.200 --> 01:56:28.200] My problem is when I go into court, I am in creature of statute.
[01:56:28.200 --> 01:56:39.200] The judge has no authority to pay any attention to anything other than the facts in accordance with the rules of evidence and the laws as it comes to him.
[01:56:39.200 --> 01:56:45.200] So can you bring me there with statute?
[01:56:45.200 --> 01:56:49.200] And he stood there mute.
[01:56:49.200 --> 01:56:52.200] So I took that to mean he could not.
[01:56:52.200 --> 01:56:58.200] So without passing judgment on the validity of his claim,
[01:56:58.200 --> 01:57:16.200] if I can't come into court with the statutory law or with case law, rules by judges, which I think is what's the only thing left of the common law, then I can't get there.
[01:57:16.200 --> 01:57:19.200] Yeah. All right.
[01:57:19.200 --> 01:57:22.200] Are we getting anybody else waiting to get on?
[01:57:22.200 --> 01:57:26.200] No. We've got about a minute and a half left, a minute and 30 seconds.
[01:57:26.200 --> 01:57:29.200] Okay. Well, I'll fill in a little bit.
[01:57:29.200 --> 01:57:35.200] The guy earlier talked about the land for the land patent.
[01:57:35.200 --> 01:57:43.200] He's talking about, well, if you get that and you lose the fire and police services, well, you can contract for it individually.
[01:57:43.200 --> 01:57:53.200] And I heard a story of a guy who had gotten his land released, and he contracted with the fire department for fire coverage.
[01:57:53.200 --> 01:57:56.200] And police came out there asking for a contract, too.
[01:57:56.200 --> 01:58:01.200] He didn't think he needed them, so he wouldn't do it.
[01:58:01.200 --> 01:58:06.200] Well, that's interesting. Yeah, I had heard about that before.
[01:58:06.200 --> 01:58:11.200] I was a little strapped for time with him, so I didn't go into that part.
[01:58:11.200 --> 01:58:18.200] But yeah, that's a good idea, as long as the contract was consumable, as long as they didn't charge you too much.
[01:58:18.200 --> 01:58:20.200] Well, one more thing if you heard about.
[01:58:20.200 --> 01:58:24.200] Yeah, we're out of time. Sorry, Danny. The music's playing. We have less than 30 seconds left.
[01:58:24.200 --> 01:58:25.200] Thank you for calling.
[01:58:25.200 --> 01:58:33.200] All right, folks, we are running an archive tomorrow night because Randy is in seminar and Eddie is out of pocket with no Internet.
[01:58:33.200 --> 01:58:35.200] We will probably be back next Thursday.
[01:58:35.200 --> 01:58:40.200] I don't know. I don't think we're doing a show on Monday because it's holiday, and I believe Eddie will still be gone.
[01:58:40.200 --> 01:58:45.200] So, folks, we will see you next Thursday, a week from tonight.
[01:58:45.200 --> 01:58:50.200] Everyone have a blessed holiday weekend. God bless and good night.
[01:59:15.200 --> 01:59:17.200] God bless and good night.
[01:59:45.200 --> 01:59:51.200] For more information, call us toll free at 888-551-0102.
[01:59:51.200 --> 02:00:20.200] Or visit us online at BFA.org.