ROL_2011-06-17_16k_Hr3-4.timecode

[00:00.000 --> 00:04.600]  This news brief brought to you by the International Newsnet.
[00:04.600 --> 00:10.280]  In an act of civil defiance, more and more women in Saudi Arabia have been openly driving,
[00:10.280 --> 00:12.960]  breaking an official ban on female drivers.
[00:12.960 --> 00:17.360]  The direct action has been organized on the Women to Drive Facebook page, where women
[00:17.360 --> 00:21.680]  have been posting images and videos of themselves behind the wheel.
[00:21.680 --> 00:27.920]  Campaigners say the direct action will continue until a royal decree reverses the ban.
[00:27.920 --> 00:33.960]  Argentine President Cristina Kirchner Thursday called Britain a crass colonial power in decline
[00:33.960 --> 00:37.760]  for refusing to hold talks over the disputed Falkland Islands.
[00:37.760 --> 00:41.920]  Kirchner rejected a claim by British Prime Minister David Cameron, the islanders want
[00:41.920 --> 00:47.400]  to remain British subjects, saying Cameron displayed mediocrity bordering on stupidity.
[00:47.400 --> 00:54.240]  Diplomatic tension over the islands has increased since offshore oil exploration began.
[00:54.240 --> 00:59.920]  The Pentagon is working on a virtual firing range intended as a replica of the Internet
[00:59.920 --> 01:05.080]  so scientists can test their defenses by mimicking international cyber wars.
[01:05.080 --> 01:09.840]  The national cyber range, expected to be ready by next year, will also help the Pentagon train
[01:09.840 --> 01:15.760]  its own hackers and refine their skills as the Internet becomes a battlefield.
[01:15.760 --> 01:20.960]  In Chile, tens of thousands of demonstrations against the recently approved $3.2 billion
[01:20.960 --> 01:26.920]  Hydro-Ace and Dam complex located in a pristine region of Patagonia known for breathtaking
[01:26.920 --> 01:31.960]  glaciers and lakes and considered by many Chileans a national treasure.
[01:31.960 --> 01:37.120]  The government of billionaire President Sebastian Pinera, the country's first conservative leader
[01:37.120 --> 01:42.960]  since the military dictatorship of Augusto Pinochet ended in 1990, has been rattled.
[01:42.960 --> 01:46.880]  Pinera's approval ratings dropped to 36% in May.
[01:46.880 --> 01:52.920]  Seven months ago, his approval rating hit 63% after the rescue of 33 trapped workers
[01:52.920 --> 01:55.560]  at a coal mine made world headlines.
[01:55.560 --> 02:00.640]  Pinera amassed part of his fortune through his stake in the hazardous mining industry.
[02:00.640 --> 02:05.280]  Discontent has also been triggered by increases in bus fares and food prices.
[02:05.280 --> 02:11.000]  Students at 180 universities are on strike as deep tuition hikes threaten to make college
[02:11.000 --> 02:13.760]  unaffordable to many.
[02:13.760 --> 02:18.840]  In reaction to the Fukushima disaster, most nations, but not the U.S., are distancing
[02:18.840 --> 02:20.880]  themselves from nuclear power.
[02:20.880 --> 02:25.280]  Germany is phasing out as nuclear reactors over the next decade, and in a referendum
[02:25.280 --> 02:30.040]  Monday, 95% of Italians voted to block a nuclear power revival.
[02:30.040 --> 02:35.040]  A recent newspaper poll in Japan showed nearly three-quarters favored phasing out nuclear
[02:35.040 --> 02:36.040]  power.
[02:36.040 --> 02:37.920]  But in the U.S., things are different.
[02:37.920 --> 02:43.560]  Barack Obama recently appointed Exxon Corporation CEO John Rowe to his Blue Ribbon Commission
[02:43.560 --> 02:45.960]  on America's Nuclear Future.
[02:45.960 --> 02:50.640]  Nuclear operator Exxon is one of Barack Obama's biggest campaign donors, having contributed
[02:50.640 --> 02:55.000]  more than $269,000 to his political campaigns.
[02:55.000 --> 03:02.000]  For details on this story, visit INN4record.net.
[03:02.000 --> 03:11.480]  You are listening to the Rural Law Radio Network at RuralLawRadio.com.
[03:11.480 --> 03:18.480]  Live free speech talk radio at its best.
[03:18.480 --> 03:31.480]  Well, I received my remedy today.
[03:31.480 --> 03:45.480]  Game in the box, just like they say, high accesses.
[03:45.480 --> 03:46.480]  Alright folks, we are back.
[03:46.480 --> 03:47.480]  This is Rural Law Radio.
[03:47.480 --> 03:48.480]  Eddie Craig, Randy Kelton, Ever Stevens.
[03:48.480 --> 03:57.480]  Okay, right now we are going to take Kathy in Texas, who is our next caller up.
[03:57.480 --> 03:58.480]  Hi, Kathy.
[03:58.480 --> 03:59.480]  What can we do for you?
[03:59.480 --> 04:00.480]  Hi, Eddie.
[04:00.480 --> 04:07.480]  I was just flying in a while ago and saying, oh, I want to make sure we don't have an empty
[04:07.480 --> 04:11.480]  call board, so I figured I better call in and give Randy a hard time about what he missed
[04:11.480 --> 04:13.480]  out on while he was gone.
[04:13.480 --> 04:14.480]  Oh, okay.
[04:14.480 --> 04:21.480]  So we went a couple of weeks ago to the Capitol to dance in the lobby, and I was looking for
[04:21.480 --> 04:26.480]  a date to dance, and Randy just wasn't even in town, so he missed out on it.
[04:26.480 --> 04:31.480]  Well, if he dances like he drinks, he was safer.
[04:31.480 --> 04:38.480]  Yeah, but you know, it's always fun to have a chance to just go out and dance, but I had
[04:38.480 --> 04:43.480]  to take my Italian honk instead, and it was nice.
[04:43.480 --> 04:44.480]  We stayed afterward.
[04:44.480 --> 04:51.480]  Of course, they had the Texan Fertalumble government had the rally against the TSA, and
[04:51.480 --> 04:53.480]  that's really kind of what we had it over there for.
[04:53.480 --> 04:56.480]  And that's still a hot issue.
[04:56.480 --> 05:02.480]  I want to remind everybody to keep calling Governor Perry's office and explain to him
[05:02.480 --> 05:08.480]  what a rotten egg he is and how he needs to not keep killing the bill, so he's showing
[05:08.480 --> 05:09.480]  his colors anyway.
[05:09.480 --> 05:18.480]  I have been doing a lot of traveling, and I have seen no one anywhere using a backscattered
[05:18.480 --> 05:21.480]  machine.
[05:21.480 --> 05:28.480]  They are being very careful these days, but as soon as the election, as soon as the legislators
[05:28.480 --> 05:32.480]  go out of session, they'll probably go back with the same old Crapola.
[05:32.480 --> 05:39.480]  I had an interesting time in Australia when I was coming out.
[05:39.480 --> 05:46.480]  I have all this radio equipment, and they randomly selected me for a complete search.
[05:46.480 --> 05:50.480]  Oh, I'm sure that was random, yeah.
[05:50.480 --> 05:56.480]  This poor guy gets all these little rubber gloves and says he has to do a complete search,
[05:56.480 --> 06:02.480]  and I said, now wait a minute, I'll have to be frank with you.
[06:02.480 --> 06:10.480]  I have an aversion to a man touching my testicles.
[06:10.480 --> 06:12.480]  He said, well, we have to do a full search.
[06:12.480 --> 06:14.480]  I said, no, look, now I can help you out here.
[06:14.480 --> 06:16.480]  You see that good looking blonde over there?
[06:16.480 --> 06:17.480]  Get her to do it.
[06:17.480 --> 06:19.480]  She can touch my testicles all she wants to.
[06:19.480 --> 06:22.480]  We don't like you touching my testicles.
[06:22.480 --> 06:31.480]  He got this look on his face like, how do I argue my way out of this one?
[06:31.480 --> 06:35.480]  It has to be someone of the same sex, he says.
[06:35.480 --> 06:40.480]  I said, but I have an aversion to people of the same sex touching my private body parts.
[06:40.480 --> 06:42.480]  I try.
[06:42.480 --> 06:47.480]  He's tried to figure a way around that.
[06:47.480 --> 06:50.480]  He searched me, but he didn't get anywhere near there.
[06:50.480 --> 06:53.480]  And he didn't need you anyway.
[06:53.480 --> 06:55.480]  No, I didn't.
[06:55.480 --> 06:58.480]  Yeah, and I've gone through Los Angeles for the last time.
[06:58.480 --> 07:05.480]  I'm not going to be able to fly again until we get something done about this.
[07:05.480 --> 07:10.480]  Well, I've been to Los Angeles and they were extremely polite.
[07:10.480 --> 07:17.480]  And the only thing that was in any way different than Australia, and Australia was really easy,
[07:17.480 --> 07:20.480]  is Australia don't make sick shoes off.
[07:20.480 --> 07:22.480]  Oh, that's interesting.
[07:22.480 --> 07:26.480]  But otherwise, I was surprised at how...
[07:26.480 --> 07:33.480]  Well, the problem in Los Angeles is the fact that they were not even using the regular metal detectors.
[07:33.480 --> 07:35.480]  They were sitting there, they weren't even turned on.
[07:35.480 --> 07:43.480]  Everybody walked past the metal detector, even we, who opted out of the scanners.
[07:43.480 --> 07:50.480]  You go right to the door of the scanner, and then they had a little gate that you go through behind the metal detector.
[07:50.480 --> 07:54.480]  And so it's like, okay, we have to search you because you didn't go through the metal detector.
[07:54.480 --> 07:56.480]  Well, they weren't even on.
[07:56.480 --> 07:57.480]  It's like, what's up with this?
[07:57.480 --> 07:59.480]  So it was...
[07:59.480 --> 08:02.480]  And again, they were polite.
[08:02.480 --> 08:05.480]  But I started getting malady.
[08:05.480 --> 08:08.480]  It's like, put on clean gloves, lady.
[08:08.480 --> 08:11.480]  And she goes, I said, I don't want you touching my stuff.
[08:11.480 --> 08:13.480]  As she's grabbing all my stuff, they didn't even ask.
[08:13.480 --> 08:18.480]  She's got her hands on everything we own, except for me.
[08:18.480 --> 08:19.480]  And she said, stand still.
[08:19.480 --> 08:23.480]  And I said, just put on clean gloves before you touch everything I own.
[08:23.480 --> 08:25.480]  And she said, I'm getting clean gloves.
[08:25.480 --> 08:27.480]  And you didn't have to say all that other stuff.
[08:27.480 --> 08:29.480]  All you had to do is ask me for clean gloves.
[08:29.480 --> 08:32.480]  I said, no, apparently you don't understand what clean gloves meant,
[08:32.480 --> 08:35.480]  because you've already touched all my stuff with dirty gloves.
[08:35.480 --> 08:39.480]  So before she touched me, she put on the clean gloves.
[08:39.480 --> 08:44.480]  And never once could she make eye contact with me.
[08:44.480 --> 08:46.480]  I asked her name.
[08:46.480 --> 08:48.480]  I'm taking names, so I'm going to kick butt.
[08:48.480 --> 08:50.480]  And they were very professional.
[08:50.480 --> 08:57.480]  And she made a very specific point to tell me, I'm using the backs of my hands, you see.
[08:57.480 --> 09:01.480]  And then when she felt down the outside of my trousers,
[09:01.480 --> 09:06.480]  she pulled so hard down on the clothes that my elastic waist pants were coming down.
[09:06.480 --> 09:08.480]  And it's like, wait a minute.
[09:08.480 --> 09:13.480]  But I couldn't put my hand down to hoist them up, because she's busy.
[09:13.480 --> 09:15.480]  Keep your arms out.
[09:15.480 --> 09:19.480]  So yeah, it's not any fun, and it's ridiculous.
[09:19.480 --> 09:24.480]  She did not touch me in any ways that I felt like I had to go charge her with assault.
[09:24.480 --> 09:28.480]  But the whole scheme isn't assault.
[09:28.480 --> 09:37.480]  And so with that in mind, I'm not going to voluntarily walk into that contract-free zone
[09:37.480 --> 09:40.480]  or constitution-free zone that they've set up there.
[09:40.480 --> 09:42.480]  So that's it.
[09:42.480 --> 09:43.480]  I will.
[09:43.480 --> 09:45.480]  I'll never get through the airport, Kathy.
[09:45.480 --> 09:49.480]  I'll just tell them real quick, do not touch me with any part of your anatomy
[09:49.480 --> 09:51.480]  that you expect to get back or wish to keep.
[09:51.480 --> 09:53.480]  That's all right.
[09:53.480 --> 09:57.480]  And they grab you and throw you to the ground and haul you away, right?
[09:57.480 --> 09:58.480]  I will.
[09:58.480 --> 09:59.480]  I'll go fighting.
[09:59.480 --> 10:01.480]  Well, yeah, and that's why I'm not going again.
[10:01.480 --> 10:06.480]  I've decided I'm going to fight, and I don't want to end up somewhere that I'm not flying.
[10:06.480 --> 10:11.480]  Because they won't give you your money back for your ticket if you missed a plane, by the way.
[10:11.480 --> 10:17.480]  Then you'd have to sue these guys, because that might be some fun to sue TSA.
[10:17.480 --> 10:18.480]  Yeah.
[10:18.480 --> 10:20.480]  For the price of your ticket.
[10:20.480 --> 10:29.480]  Yeah, I would like to sue the airline for allowing them to keep us from being able to use the tickets that they sold us.
[10:29.480 --> 10:33.480]  Basically, they sold me a useless ticket if I can't get to the airport.
[10:33.480 --> 10:35.480]  I don't think the airline has anything to do with it.
[10:35.480 --> 10:37.480]  I think it's the airport.
[10:37.480 --> 10:40.480]  I think the airlines have some say.
[10:40.480 --> 10:44.480]  They've certainly got clout with the airport, but...
[10:44.480 --> 10:46.480]  It might be good to sue them both.
[10:46.480 --> 10:48.480]  Yeah, why not?
[10:48.480 --> 10:52.480]  If you've got to have one lawsuit, you might as well have four.
[10:52.480 --> 10:54.480]  Yeah.
[10:54.480 --> 10:58.480]  Anyhow, one thing, though, if I may change subject.
[10:58.480 --> 11:04.480]  When you were in Australia, Randy, and you called in and you talked about the...
[11:04.480 --> 11:06.480]  They have the right to go in.
[11:06.480 --> 11:13.480]  I think it was a citizen magistrate where they can go in and file charges themselves or go before the court as a magistrate.
[11:13.480 --> 11:14.480]  Yes.
[11:14.480 --> 11:19.480]  That's a terrible cause. Is that what we try to cover?
[11:19.480 --> 11:31.480]  Is that the same thing we try and cover with the grand jury system that the citizens are able to just go outside of all those officials and make charges?
[11:31.480 --> 11:33.480]  Exactly.
[11:33.480 --> 11:35.480]  And that's what I told them.
[11:35.480 --> 11:43.480]  Every time I look at a jurisdiction, if they don't have one check and balance, they have another.
[11:43.480 --> 11:48.480]  And it's because public officials are corrupt.
[11:48.480 --> 11:53.480]  And public officials, no public officials are corrupt.
[11:53.480 --> 12:01.480]  So the corrupt public officials need a way to protect themselves from the other corrupt public officials.
[12:01.480 --> 12:02.480]  Oh, yeah.
[12:02.480 --> 12:07.480]  So there will always be a set of checks and balances.
[12:07.480 --> 12:09.480]  We just have to look to find them.
[12:09.480 --> 12:14.480]  And in this case, it was a common law magistrate or a common law public official.
[12:14.480 --> 12:15.480]  Okay.
[12:15.480 --> 12:21.480]  These guys, they can sign up with the Queen in England.
[12:21.480 --> 12:28.480]  There's just a form to fill out and they can be declared a common law magistrate.
[12:28.480 --> 12:30.480]  Oh, that's cool.
[12:30.480 --> 12:40.480]  They can walk into a court anywhere and notify the court that they are there as a common law magistrate to assist the court in keeping the peace.
[12:40.480 --> 12:45.480]  So they basically become a grand jury foreman?
[12:45.480 --> 12:47.480]  Essentially, yes.
[12:47.480 --> 12:48.480]  You know?
[12:48.480 --> 12:53.480]  Because they have standing to file a criminal appearance notice.
[12:53.480 --> 12:56.480]  That's their form of a criminal complaint.
[12:56.480 --> 12:57.480]  Right.
[12:57.480 --> 13:01.480]  And they sign that thing as the prosecutor.
[13:01.480 --> 13:03.480]  Well, that would be too good.
[13:03.480 --> 13:10.480]  And so they don't have actually, though, a grand jury system per se.
[13:10.480 --> 13:11.480]  No, they don't.
[13:11.480 --> 13:12.480]  That's right.
[13:12.480 --> 13:15.480]  They don't even have access to juries anymore.
[13:15.480 --> 13:23.480]  That's been taken away even though their constitution guarantees it.
[13:23.480 --> 13:29.480]  The states have just put in rulings that said they couldn't get a grand jury.
[13:29.480 --> 13:32.480]  And there's a lot of struggle against that.
[13:32.480 --> 13:33.480]  Yeah.
[13:33.480 --> 13:36.480]  But until they get it overturned, they're not allowing juries.
[13:36.480 --> 13:42.480]  When I first got there the first day, I went in to watch a guy in a hearing.
[13:42.480 --> 13:49.480]  And this was interesting because he's demanding a jury trial.
[13:49.480 --> 13:54.480]  And he's the plaintiff in this instance, he has sued a judge.
[13:54.480 --> 14:01.480]  It seems he went into court and filed a motion and the judge refused to hear the motion.
[14:01.480 --> 14:06.480]  So he sued the judge for outlawry.
[14:06.480 --> 14:11.480]  And he's before the Supreme Court of the state of New South Wales.
[14:11.480 --> 14:15.480]  And so the judge wasn't able to get the suit thrown out.
[14:15.480 --> 14:16.480]  Great.
[14:16.480 --> 14:20.480]  He was before the court demanding a jury.
[14:20.480 --> 14:24.480]  And the judge is asking him for a presentment.
[14:24.480 --> 14:26.480]  He said, you don't get a presentment.
[14:26.480 --> 14:28.480]  You don't have any jurisdiction here.
[14:28.480 --> 14:31.480]  I want my grand jury and you don't have anything to say about it.
[14:31.480 --> 14:35.480]  If you try to have anything about it, say about it, you're committing treason.
[14:35.480 --> 14:38.480]  I mean, he was just crawling down this judge's throat.
[14:38.480 --> 14:41.480]  Oh, you were riding home with him weren't you?
[14:41.480 --> 14:43.480]  Yeah, he was rocking and rolling.
[14:43.480 --> 14:44.480]  That's good.
[14:44.480 --> 14:48.480]  He was accusing the judge of treason and that wasn't appropriate.
[14:48.480 --> 14:54.480]  Probably the more appropriate accusation would have been sedition.
[14:54.480 --> 14:55.480]  Yeah.
[14:55.480 --> 15:01.480]  But treason in Australia was armed insurrection against the government.
[15:01.480 --> 15:05.480]  And the judge wasn't committing armed insurrection.
[15:05.480 --> 15:08.480]  You may be able to call what he was doing sedition.
[15:08.480 --> 15:09.480]  I don't know.
[15:09.480 --> 15:11.480]  Did he have an armed individual in his room?
[15:11.480 --> 15:12.480]  He could command that as well?
[15:12.480 --> 15:14.480]  Not that I could tell.
[15:14.480 --> 15:16.480]  There were no bailiffs around.
[15:16.480 --> 15:18.480]  There's nobody around with guns.
[15:18.480 --> 15:20.480]  Really?
[15:20.480 --> 15:23.480]  Yeah, not even any bailiffs in the court.
[15:23.480 --> 15:25.480]  Sometimes they do have them.
[15:25.480 --> 15:28.480]  Well, they claimed it was because I was there.
[15:28.480 --> 15:36.480]  I went into a court before that and another pro se guy and they said this was their hatchet judge.
[15:36.480 --> 15:43.480]  And they had this coordinator guy running around coordinating everything.
[15:43.480 --> 15:49.480]  And I called him over and told him I was an old combat veteran and I don't know if he was so good.
[15:49.480 --> 15:53.480]  But do you have something for the hearing impaired?
[15:53.480 --> 15:56.480]  And he said, well, we don't have it in this courtroom.
[15:56.480 --> 15:59.480]  I said, oh, well, that's too bad.
[15:59.480 --> 16:02.480]  Then you have these extra tables up front.
[16:02.480 --> 16:04.480]  Do you mind if I sit up in one of these tables?
[16:04.480 --> 16:07.480]  He let everybody sit up closer to the bench.
[16:07.480 --> 16:11.480]  They had the two tables for the prosecutor, for the two attorneys.
[16:11.480 --> 16:15.480]  And then they had two long tables behind that with microphones on them.
[16:15.480 --> 16:17.480]  And then behind that was the gallery.
[16:17.480 --> 16:23.480]  So he let us sit up in these tables and ask us not to talk because the speakers were live.
[16:23.480 --> 16:37.480]  And then I told him that I was a radio show host out of Texas and I was here doing research on court corruption around the world.
[16:37.480 --> 16:41.480]  And that I wanted to videotape this courtroom but they took my camera away from me.
[16:41.480 --> 16:45.480]  So can you ask the judge if I can videotape the courtroom?
[16:45.480 --> 16:47.480]  No, ma'am.
[16:47.480 --> 16:49.480]  I'll finish that up on the other side.
[16:49.480 --> 16:51.480]  That was a hoot.
[16:51.480 --> 16:54.480]  But that may be why the judge wasn't so harsh.
[16:54.480 --> 16:57.480]  And this is ready to count Debbie Stevens, Eddie Craig with my radio.
[16:57.480 --> 17:00.480]  We'll be right back.
[17:00.480 --> 17:07.480]  Capital Coin and Bullion is your local source for rare coins, precious metals, and coin supplies in the Austin metro area.
[17:07.480 --> 17:09.480]  We also ship worldwide.
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[17:39.480 --> 17:45.480]  You're welcome to stop in during regular business hours or call 512-646-6440.
[17:45.480 --> 17:50.480]  Ask for Chad or Becky and say that you heard about us on Louisville Law Radio or Texas Liberty Radio.
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[19:00.480 --> 19:06.480]  Well, don't let nothing get to you. Only the father can do this by you.
[19:06.480 --> 19:12.480]  Don't let bad-mind people hurt you until they get behind you.
[19:12.480 --> 19:18.480]  You know what I mean? My friend, not a juxtaposed couple.
[19:18.480 --> 19:20.480]  Those things are hurting me crazy.
[19:20.480 --> 19:28.480]  Alright folks, we are back. This is ruleoflawradio. 512-646-1984 is the call-in number.
[19:28.480 --> 19:30.480]  We're going to finish up Randy's story.
[19:30.480 --> 19:33.480]  Then we're going to take Sandra in Texas, who is a first-time caller,
[19:33.480 --> 19:37.480]  and then Jason Tyler will get to you guys as soon as we get done with that.
[19:37.480 --> 19:39.480]  Alright, Randy.
[19:39.480 --> 19:46.480]  Okay, well, I jerked him around. I wanted to videotape the courtroom,
[19:46.480 --> 19:51.480]  because I was doing YouTube videos on court corruption.
[19:51.480 --> 19:57.480]  He said, well, he didn't think you were allowed to videotape the courtroom.
[19:57.480 --> 19:59.480]  I said, I know they took my camera away from me downstairs.
[19:59.480 --> 20:03.480]  Why don't you go ask the judge if I could videotape his courtroom?
[20:03.480 --> 20:05.480]  He goes in the back and comes back.
[20:05.480 --> 20:07.480]  All the judge said he can't allow you to videotape the courtroom.
[20:07.480 --> 20:11.480]  I said, well, you've got all these cameras up here. They have cameras everywhere.
[20:11.480 --> 20:16.480]  Cameras point toward the judge, toward both attorney benches,
[20:16.480 --> 20:19.480]  and toward the gallery, toward everywhere.
[20:19.480 --> 20:22.480]  So I said, what about these cameras? Are they on?
[20:22.480 --> 20:24.480]  He said, well, no, they're not. Can you turn them on?
[20:24.480 --> 20:26.480]  Well, no, we can't turn those on.
[20:26.480 --> 20:29.480]  I said, well, why not? Can you go get the technician or something?
[20:29.480 --> 20:31.480]  Maybe he can fix it.
[20:31.480 --> 20:34.480]  Anyway, so I jerked him around a while,
[20:34.480 --> 20:37.480]  and they said that's why the judges are being so careful,
[20:37.480 --> 20:41.480]  but somehow I don't imagine them thinking I'm that important.
[20:41.480 --> 20:46.480]  But I was surprised at how tolerant the judges were.
[20:46.480 --> 20:48.480]  These guys are really walking all over them,
[20:48.480 --> 20:52.480]  and what they told me is usually when these two guys come in,
[20:52.480 --> 20:56.480]  especially the one who was calling the judge a traitor,
[20:56.480 --> 21:00.480]  Julie has three bailiffs around him.
[21:00.480 --> 21:04.480]  But this time I didn't see any bailiffs anywhere.
[21:04.480 --> 21:11.480]  Nobody in uniform, just these barristers running around with their little wigs on.
[21:11.480 --> 21:14.480]  Okay, that's enough of my story.
[21:14.480 --> 21:16.480]  I'm going to go to...
[21:16.480 --> 21:17.480]  Sandra.
[21:17.480 --> 21:21.480]  Sandra can move just as I clicked it in each other again.
[21:21.480 --> 21:22.480]  Hey, Sandra.
[21:22.480 --> 21:24.480]  Yes, I'm up.
[21:24.480 --> 21:25.480]  There we go.
[21:25.480 --> 21:28.480]  What can we do for you?
[21:28.480 --> 21:34.480]  I wanted to ask you about criminal trespassing in public buildings.
[21:34.480 --> 21:36.480]  Okay, hold on, hold on just a second.
[21:36.480 --> 21:41.480]  Are you on a speakerphone or a Bluetooth?
[21:41.480 --> 21:44.480]  I'll just put the speaker off.
[21:44.480 --> 21:45.480]  Okay, good.
[21:45.480 --> 21:47.480]  I just took the speaker off.
[21:47.480 --> 21:51.480]  Okay, yeah, much easier to hear now.
[21:51.480 --> 21:59.480]  Okay, the City of Boston has an unacceptable behavior policy,
[21:59.480 --> 22:07.480]  and they say that they can have you criminally trespass permanently evicted from the library
[22:07.480 --> 22:11.480]  if you don't abide by their acceptable behavior policy.
[22:11.480 --> 22:17.480]  And so I wanted to know by what legal authority can the City evict people
[22:17.480 --> 22:21.480]  and permanently bar them from a public building?
[22:21.480 --> 22:25.480]  I don't know that they can permanently bar someone from a public building.
[22:25.480 --> 22:27.480]  I mean, but they do.
[22:27.480 --> 22:32.480]  They call the office police and they issue a criminal trespass warning.
[22:32.480 --> 22:36.480]  Well, yeah, trespass warning, that's all they can do.
[22:36.480 --> 22:41.480]  They can't charge you with it unless they warned you to leave and you return later.
[22:41.480 --> 22:46.480]  Well, what a criminal trespass warning is, is it tells you to leave,
[22:46.480 --> 22:49.480]  but they generally take that as never come back.
[22:49.480 --> 22:52.480]  But this is a public building.
[22:52.480 --> 22:58.480]  I can order you off my personal property in order never to come back,
[22:58.480 --> 23:01.480]  but not public property.
[23:01.480 --> 23:03.480]  Okay, so what do we do?
[23:03.480 --> 23:06.480]  What do you think we can do to challenge that?
[23:06.480 --> 23:11.480]  Well, the first thing is find out what alleged authority they're using to say it.
[23:11.480 --> 23:14.480]  Is there a city ordinance that they're saying allows them to do it?
[23:14.480 --> 23:19.480]  How are they coming by this alleged authority?
[23:19.480 --> 23:23.480]  Okay, this is in the penal code.
[23:23.480 --> 23:26.480]  It goes to criminal trespass.
[23:26.480 --> 23:40.480]  But the Texas Criminal Trespass Code doesn't speak to a public building for non-criminal behavior.
[23:40.480 --> 23:45.480]  Let me tell you what I got criminally trespassed for.
[23:45.480 --> 23:52.480]  One, I came in there, they have a policy that says you cannot leave your personal belongings unattended.
[23:52.480 --> 23:58.480]  So I had a briefcase with a laptop in it, but it had a long handle.
[23:58.480 --> 24:06.480]  And I went up there to the clerk and asked them could they keep my briefcase while I went to the ladies room.
[24:06.480 --> 24:15.480]  Well, they changed staffers and the staffer berated me for leaving it there.
[24:15.480 --> 24:24.480]  And I said, ma'am, if the staffer wasn't allowed to do that, that's between you and your staff, not between me and him.
[24:24.480 --> 24:34.480]  So she called the security guard and he said you have to leave for the day because you have violated our unacceptable policy.
[24:34.480 --> 24:37.480]  So I was getting ready to leave anyway.
[24:37.480 --> 24:41.480]  So I said, okay, and left.
[24:41.480 --> 24:48.480]  And some time later, I accidentally left my cell phone at the checkout counter.
[24:48.480 --> 24:52.480]  So I left and then I said, oh, I left my cell phone, so I went back.
[24:52.480 --> 25:03.480]  So then they wrote me up second time, second offense, problem patron, left her cell phone at the front desk.
[25:03.480 --> 25:17.480]  So then the third time they said that I was in violation of Texas criminal penal code, blah, blah, blah, blah, which speaks to the transportation blocking of passageways.
[25:17.480 --> 25:28.480]  Because my briefcase, I had set it next to me and it has flipped over to where the handle was in the aisle, not a passageway or doorway.
[25:28.480 --> 25:33.480]  And so she said, that's it, this is a third offense.
[25:33.480 --> 25:39.480]  And so you are now, she called the Austin police and the Austin police asked me to step outside.
[25:39.480 --> 25:44.480]  And so she said, ma'am, you have been permanently evicted from this library.
[25:44.480 --> 25:46.480]  And I said, for what?
[25:46.480 --> 25:49.480]  And so the officer said, she doesn't have to tell you.
[25:49.480 --> 26:01.480]  And he said, ma'am, if you step foot on 800 Wadalupe again and they call me, then we're going to have to take you to jail.
[26:01.480 --> 26:04.480]  And file suit against the city.
[26:04.480 --> 26:06.480]  What kind of suit?
[26:06.480 --> 26:09.480]  We would deny you access to a public building.
[26:09.480 --> 26:14.480]  You might file a terroristic threat against the officer.
[26:14.480 --> 26:22.480]  A terroristic threat is to threaten someone for the purpose of denying them access to a public building or interrupting their access to a public building.
[26:22.480 --> 26:24.480]  That's a terrorist threat.
[26:24.480 --> 26:25.480]  Yeah, oh, it is.
[26:25.480 --> 26:28.480]  That's a terroristic threat for denying you the access.
[26:28.480 --> 26:32.480]  For threatening you for the purpose of denying you access to a public building.
[26:32.480 --> 26:36.480]  And threatening me is threatening me to arrest me if I come back in.
[26:36.480 --> 26:40.480]  And threatening you as a deadly weapon.
[26:40.480 --> 26:42.480]  He's wearing his gun, right?
[26:42.480 --> 26:43.480]  Yes.
[26:43.480 --> 26:44.480]  Okay.
[26:44.480 --> 26:46.480]  But he didn't threaten to shoot me.
[26:46.480 --> 26:48.480]  You can run the routine on it.
[26:48.480 --> 26:50.480]  He doesn't have to threaten to shoot you.
[26:50.480 --> 26:53.480]  The implication is he could if he wanted to.
[26:53.480 --> 26:54.480]  Uh-huh.
[26:54.480 --> 26:56.480]  You have the officer's name.
[26:56.480 --> 27:06.480]  The reason why I called his supervisor and asked him, why did he tell the security guard, the library security guard, why she couldn't tell me why I was being evicted?
[27:06.480 --> 27:11.480]  And he said, well, I felt that it was going to be confrontational.
[27:11.480 --> 27:15.480]  So I told her to leave to avert a confrontation.
[27:15.480 --> 27:18.480]  And I said, there was nothing in my body language or behavior.
[27:18.480 --> 27:26.480]  I said, that's just like every time a patrol officer or department of safety pulls somebody over to the side of the road.
[27:26.480 --> 27:30.480]  The first thing that they asked him is, what did you pull me over for?
[27:30.480 --> 27:37.480]  And those officers don't jerk you out the car and threaten and say, well, I thought you were going to confront me.
[27:37.480 --> 27:41.480]  I just think that he, you know, didn't act.
[27:41.480 --> 27:47.480]  He was looking for a way not to answer you and belittle his officer.
[27:47.480 --> 27:55.480]  No, no, no, he said, he said, I didn't, he said the officer didn't have to tell me why I was being criminally trespassed.
[27:55.480 --> 28:04.480]  And his, and he told his supervisor is that he thought that I was going to confront the security officer.
[28:04.480 --> 28:15.480]  And so he told the security officer to leave and said, that's all you have to do is say, you don't want her back on this property in front of me.
[28:15.480 --> 28:20.480]  And I will issue her a criminal trespass warning, which he did.
[28:20.480 --> 28:25.480]  And says that if I come back, not only in fact the building, but in the 800...
[28:25.480 --> 28:26.480]  Okay, wait a minute, wait a minute.
[28:26.480 --> 28:28.480]  What are you willing to do?
[28:28.480 --> 28:29.480]  Anything.
[28:29.480 --> 28:30.480]  Everything.
[28:30.480 --> 28:36.480]  I want to know the... File. File criminally against the police officer. Do you have his name?
[28:36.480 --> 28:38.480]  Yes, I do.
[28:38.480 --> 28:44.480]  Good. But make up a criminal charge of making a terroristic threat against him.
[28:44.480 --> 28:52.480]  File a complaint against the supervisor. Let's see, what would we do there?
[28:52.480 --> 28:59.480]  I have to look up the statute on public buildings.
[28:59.480 --> 29:00.480]  I didn't find...
[29:00.480 --> 29:03.480]  Denying your access to public building.
[29:03.480 --> 29:07.480]  We looked, we looked, we looked at the denial of access to public building.
[29:07.480 --> 29:13.480]  Now, but that's the... Could I make that a 1983 in under the law federal court?
[29:13.480 --> 29:19.480]  No, no, no, that's federal. That would have to implicate a constitutional violation.
[29:19.480 --> 29:20.480]  No, you can't get there.
[29:20.480 --> 29:24.480]  Denial of access to public building is not a constitutional...
[29:24.480 --> 29:25.480]  No.
[29:25.480 --> 29:28.480]  The right to assemble, the right to...
[29:28.480 --> 29:31.480]  No, this is not an assembly matter.
[29:31.480 --> 29:36.480]  The right to assemble doesn't include the right to assemble in a public building.
[29:36.480 --> 29:38.480]  Okay.
[29:38.480 --> 29:40.480]  That's the... That's when I have it looked up.
[29:40.480 --> 29:44.480]  I'd have to kind of look that up, try to figure out which one that would be.
[29:44.480 --> 29:49.480]  Can I give you my telephone number and you call me back? Or you want me to hold?
[29:49.480 --> 29:52.480]  Just hang on, Sandra. We'll pick you up on the other side of the break.
[29:52.480 --> 29:59.480]  All right, folks, this is rule of law radio 512646984. We'll be right back.
[29:59.480 --> 30:00.480]  I lost my son.
[30:00.480 --> 30:01.480]  My nephew.
[30:01.480 --> 30:02.480]  My uncle.
[30:02.480 --> 30:03.480]  My son.
[30:03.480 --> 30:04.480]  On September 11th, 2001.
[30:04.480 --> 30:08.480]  Most people don't know that a third tower fell on September 11th.
[30:08.480 --> 30:12.480]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[30:12.480 --> 30:16.480]  Will the official explanation is that fire brought down building 7?
[30:16.480 --> 30:20.480]  Over 1,200 architects and engineers looked into the evidence.
[30:20.480 --> 30:22.480]  There is more to the story.
[30:22.480 --> 30:23.480]  Bring justice to my son.
[30:23.480 --> 30:24.480]  My uncle.
[30:24.480 --> 30:25.480]  My nephew.
[30:25.480 --> 30:26.480]  My son.
[30:26.480 --> 30:27.480]  Go to building what.org.
[30:27.480 --> 30:28.480]  Why it fell?
[30:28.480 --> 30:29.480]  Why it matters.
[30:29.480 --> 30:30.480]  That's what you can do.
[30:30.480 --> 30:34.480]  You must have been a beautiful baby.
[30:34.480 --> 30:37.480]  You must have been a beautiful child.
[30:37.480 --> 30:40.480]  These days, a lot of parents are showing off their kids on the net.
[30:40.480 --> 30:45.480]  I'm Dr. Catherine Albright and I'll be back to tell you why the practice could be dangerous.
[30:45.480 --> 30:47.480]  Privacy is under attack.
[30:47.480 --> 30:51.480]  When you give up data about yourself, you'll never get it back again.
[30:51.480 --> 30:56.480]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:56.480 --> 30:57.480]  So protect your rights.
[30:57.480 --> 31:01.480]  Say no to surveillance and keep your information to yourself.
[31:01.480 --> 31:03.480]  Privacy, it's worth hanging on to.
[31:03.480 --> 31:07.480]  This public service announcement is brought to you by StartPage.com.
[31:07.480 --> 31:11.480]  The private search engine alternative to Google, Yahoo and Bing.
[31:11.480 --> 31:14.480]  Start over with StartPage.
[31:14.480 --> 31:22.480]  The Internet can be a scary place, but concerns about predators haven't stopped parents from posting their kids' pictures online.
[31:22.480 --> 31:31.480]  A recent study by online security company AVG found that a shocking 92% of U.S. babies have an online presence by age two.
[31:31.480 --> 31:35.480]  A third of American mothers report posting snapshots of their newborns online,
[31:35.480 --> 31:42.480]  and over 5% of U.S. babies have email addresses or online profiles years before they can even type.
[31:42.480 --> 31:46.480]  Most of these parents merely want to share their happiness with friends and family,
[31:46.480 --> 31:50.480]  but please give some thought to how strangers might abuse the information.
[31:50.480 --> 31:53.480]  Play it safe and keep photos private.
[31:53.480 --> 32:20.480]  This is Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[32:20.480 --> 32:27.480]  Hi folks, we are back. This is Rule of Law Radio. 512-646-1984 is the call-in number.
[32:27.480 --> 32:30.480]  Now we're going to finish up with Sandra.
[32:30.480 --> 32:33.480]  Hi, Sandra, go ahead.
[32:33.480 --> 32:39.480]  Can I ask one other question about the city of Austin?
[32:39.480 --> 32:40.480]  Sure.
[32:40.480 --> 32:55.480]  Unrelated? Okay. Well, the Texas government code allows a municipality to form a separate corporation
[32:55.480 --> 33:02.480]  to deal with their housing, to issue money for housing development, public housing development.
[33:02.480 --> 33:10.480]  And they are allowed under this government code to appoint members of the Austin City Council
[33:10.480 --> 33:13.480]  to their corporation board.
[33:13.480 --> 33:20.480]  However, the city of Austin has appointed five of the nine, which is a majority,
[33:20.480 --> 33:25.480]  of their council persons on to this corporation.
[33:25.480 --> 33:34.480]  And so you have no redress if you're unhappy with the financial corporation,
[33:34.480 --> 33:40.480]  because if you go to the at-large system and there, you already have five votes against you.
[33:40.480 --> 33:46.480]  So I just thought that there should be, because IRS won't let you have more than three,
[33:46.480 --> 33:52.480]  I mean more than a majority of relatives on a board so that you have some kind of...
[33:52.480 --> 33:59.480]  And so I'm trying to, I know that it smells wrong, but I just needed some help in articulating
[33:59.480 --> 34:05.480]  what may be wrong with that so that I can express that, you know, to a higher authority
[34:05.480 --> 34:07.480]  and try to challenge that.
[34:07.480 --> 34:14.480]  What does the statute allow as far as the participatory quantity?
[34:14.480 --> 34:17.480]  No, it's silent. It's silent. It does not say.
[34:17.480 --> 34:21.480]  It just says that you're allowed to appoint council members.
[34:21.480 --> 34:25.480]  In other cities where I've seen this done, they may appoint one.
[34:25.480 --> 34:33.480]  But in this case, they appoint a quorum of their council that five people are also the quorum
[34:33.480 --> 34:36.480]  of the Housing Finance Corporation.
[34:36.480 --> 34:39.480]  And they have a do not lobby policy.
[34:39.480 --> 34:45.480]  So therefore, if you're unhappy at the housing finance, if your application is denied
[34:45.480 --> 34:49.480]  and you want to go to the council, what's the purpose of going to the council?
[34:49.480 --> 34:53.480]  Because you've got five votes that are going to deny you there.
[34:53.480 --> 34:55.480]  You have no redress. You have no appeal.
[34:55.480 --> 34:57.480]  And that's just...
[34:57.480 --> 35:04.480]  That needs to be something that's addressed in a lobbying sense to get that statute or ordinance changed.
[35:04.480 --> 35:07.480]  Amended. However, and I understand that.
[35:07.480 --> 35:13.480]  And we can go back to the legislature and we can lobby legislatures to amend that
[35:13.480 --> 35:20.480]  or to clarify or to dictate that they can appoint council members but no more than their quorum.
[35:20.480 --> 35:28.480]  Because if you've got a quorum and you're discussing city business, isn't that a violation of open meetings?
[35:28.480 --> 35:34.480]  Yeah, it most certainly is if they're actually there discussing city policy planning
[35:34.480 --> 35:38.480]  or anything that would normally be associated with their city council job.
[35:38.480 --> 35:39.480]  Yes.
[35:39.480 --> 35:41.480]  That is a very good catch.
[35:41.480 --> 35:43.480]  Hey, Gordon.
[35:43.480 --> 35:47.480]  Good catch. That's exactly right. They can't meet in quorum,
[35:47.480 --> 35:51.480]  especially if they're discussing anything that goes to city business.
[35:51.480 --> 35:58.480]  Well, they're not even supposed to meet non-quorum if they're discussing city business outside of regular things.
[35:58.480 --> 36:04.480]  Yeah, and see, one of the persons, one of the applicants that was denied at the housing corporation level,
[36:04.480 --> 36:12.480]  he did too, and they claimed immunity. And the judge said,
[36:12.480 --> 36:22.480]  no, they don't get the same immunity as a council person does in their capacity on the housing finance corporation.
[36:22.480 --> 36:24.480]  Right. Well, now here's something else.
[36:24.480 --> 36:29.480]  Remember that the Austin Bulldog is currently suing them over the Open Records Act.
[36:29.480 --> 36:39.480]  It might not be a bad idea to inform him of this little idea of yours regarding the breach of the Open Meetings Act as well.
[36:39.480 --> 36:47.480]  And he may be able to add that into his lawsuit and get his lawsuit amended to include that as well.
[36:47.480 --> 36:50.480]  Yeah, because it's like you don't have any redress.
[36:50.480 --> 37:01.480]  That's what I'm trying to get some articulation there because ultimately the elected official is accountable to the public.
[37:01.480 --> 37:03.480]  And if you can't...
[37:03.480 --> 37:05.480]  Well, that's the theory anyway.
[37:05.480 --> 37:12.480]  Yeah, and if you can't go to your council person and ask them why did they do this,
[37:12.480 --> 37:19.480]  why did this housing corporation board reject my application and you can't go to your council person,
[37:19.480 --> 37:25.480]  and your council person says, well, I can't talk to you about it because I'm the one that sits there.
[37:25.480 --> 37:29.480]  You know, and it's a majority. And so you don't have any relief.
[37:29.480 --> 37:31.480]  I mean, you don't have...
[37:31.480 --> 37:35.480]  That's a equation as you did your board and you don't have any appeal process.
[37:35.480 --> 37:40.480]  If the same people are going to deny you at the council level, it has to be two different sets of eyes.
[37:40.480 --> 37:42.480]  And I just don't know how to articulate it.
[37:42.480 --> 37:46.480]  But I'll just word it in layman's word and send it to the state representative.
[37:46.480 --> 37:48.480]  Now, who is the Austin Bulldog?
[37:48.480 --> 37:56.480]  The Austin Bulldog is a reporter that discovered and investigated violations of the Open Records
[37:56.480 --> 38:01.480]  and Open Meetings Act by the city council and sued them over it.
[38:01.480 --> 38:06.480]  And it sounds like this would be something that would augment his suit very, very well.
[38:06.480 --> 38:10.480]  Okay. And how do I get in touch with him and just Google him?
[38:10.480 --> 38:13.480]  He has a website, AustinBulldog.com.
[38:13.480 --> 38:16.480]  Okay, we'll do that. Okay, so if we can...
[38:16.480 --> 38:20.480]  And actually, I think it's DAustinBulldog.com, but you'll see it.
[38:20.480 --> 38:23.480]  It's got a blue bulldog on it when you get there.
[38:23.480 --> 38:27.480]  All right. And do we find anything about this denial of access to a public building?
[38:27.480 --> 38:30.480]  I just think that's just outrageous.
[38:30.480 --> 38:33.480]  Well, we haven't had an opportunity to look.
[38:33.480 --> 38:36.480]  Well, I just wanted to add one thing on that.
[38:36.480 --> 38:44.480]  What I observed is that Austin has a large homeless population downtown.
[38:44.480 --> 38:51.480]  And they came up with this not leaving your personal belongings is because they didn't want
[38:51.480 --> 38:56.480]  the homeless people coming in with their suitcases and bed packs and whatever.
[38:56.480 --> 38:59.480]  So they came up with that policy to deny that.
[38:59.480 --> 39:09.480]  And I can tell by in the security officer's report, she kept referring to my briefcase as a suitcase.
[39:09.480 --> 39:18.480]  Which is why you need to read where they're getting this alleged authority to see if it applied to you to begin with.
[39:18.480 --> 39:23.480]  The authority to evict you, it's in their policy.
[39:23.480 --> 39:30.480]  No, the charge itself, the policy that allows them to make this determination.
[39:30.480 --> 39:32.480]  Where is that policy?
[39:32.480 --> 39:39.480]  If it's a policy of a public agency, then it's public information and they have to give it to you.
[39:39.480 --> 39:46.480]  That's right. And then what she would see what happens is that when you log on to the computer,
[39:46.480 --> 39:51.480]  they've got the sheet of this saying that I accept to abide by these policies.
[39:51.480 --> 39:54.480]  So you may be waving your right there.
[39:54.480 --> 39:59.480]  Maybe or that's the authority that gives them because you agreed to it to use their computers.
[39:59.480 --> 40:04.480]  Yeah, but no, no, no, that's not their computer. That's your computer.
[40:04.480 --> 40:06.480]  That's right, it's our computer.
[40:06.480 --> 40:12.480]  And if their policy is in violation of your rights, it's a void policy.
[40:12.480 --> 40:14.480]  Yes, yes.
[40:14.480 --> 40:18.480]  And you might want to sue to void their policy.
[40:18.480 --> 40:23.480]  Well, is there some place where you can file a complaint first prior to suing?
[40:23.480 --> 40:30.480]  With a attorney general or are there some place I can go to without having to?
[40:30.480 --> 40:33.480]  Well, I guess I know nobody's nobody's going to do this for you.
[40:33.480 --> 40:38.480]  Yeah, they're all they're all sloped out of the same trough.
[40:38.480 --> 40:42.480]  Yeah, that's what's happened with that housing corporation and the council.
[40:42.480 --> 40:49.480]  They're the same people. So where's your checks and balance?
[40:49.480 --> 40:54.480]  Okay, then. Well, if you run across anything, can I give my number off the air?
[40:54.480 --> 40:58.480]  And if you run across anything on this denial of access to public buildings?
[40:58.480 --> 41:05.480]  Because I haven't found anything on that and the ability to criminally trespass you permanently.
[41:05.480 --> 41:11.480]  But you can't go into a building that you're paying for with your taxes is ridiculous.
[41:11.480 --> 41:18.480]  Especially when I think that the thing says criminal behavior.
[41:18.480 --> 41:27.480]  But they wanted to charge me with a criminal offense because my briefcase was in the aisle.
[41:27.480 --> 41:31.480]  Okay, that you should be able to go.
[41:31.480 --> 41:46.480]  If they try, you should go after them for abuse of process and whatever they if they make a complaint filing a frauds report.
[41:46.480 --> 41:50.480]  Okay.
[41:50.480 --> 41:57.480]  You know, I could go in and charge you criminally with partner hair on the wrong side.
[41:57.480 --> 42:09.480]  Goes to the same thing. If I have a policy, if I'm the director of the library and I decide on a policy of no partner hair on the left,
[42:09.480 --> 42:14.480]  I can ask you to be removed partner hair on the left. That doesn't give it any legal standing.
[42:14.480 --> 42:18.480]  Yeah, it's what is the word?
[42:18.480 --> 42:23.480]  There's another word. It's not unconstitutional, but it's a breach. It's a reach.
[42:23.480 --> 42:32.480]  It's outside the scope of their authority to think you're thinking of ultra virus, but that goes to a contract.
[42:32.480 --> 42:43.480]  Okay, well, see, there is a criminal code blocking passageways to a public building and that and highways.
[42:43.480 --> 42:50.480]  But an aisle where you're sitting down and your briefcase is a little bit in the aisle.
[42:50.480 --> 42:57.480]  That's not to the degree it didn't. It doesn't rise to a crime.
[42:57.480 --> 43:05.480]  You know, the elements of this case didn't, I mean, that situation didn't rise to blockage of a passageway.
[43:05.480 --> 43:16.480]  So besides abuse of discretion, you know, that whole thing of using that criminal code just for your briefcase being in the aisle,
[43:16.480 --> 43:24.480]  I wasn't blocking a doorway to the building, to a public building. That is a criminal office.
[43:24.480 --> 43:38.480]  This is just them trying to enforce their policy. They decided they wanted and they're probably trying to keep the peace in there.
[43:38.480 --> 43:43.480]  But sometimes public officials get carried away and we need to stingle a bit.
[43:43.480 --> 43:46.480]  All right. Thank you much.
[43:46.480 --> 43:54.480]  Okay, this is Randy Kelton, Deborah Stevens, Eddie Craig, Rural Law Radio.
[43:54.480 --> 44:00.480]  Scott Jason, Sandra Tyler will be right back with you on the other side.
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[45:09.480 --> 45:12.480]  Oh, well, I guess you haven't heard of Brave New Books then.
[45:12.480 --> 45:13.480]  Brave New Books?
[45:13.480 --> 45:20.480]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Albert Griffin.
[45:20.480 --> 45:24.480]  They even stock enter food, Berkey products, and Calvin Soaps.
[45:24.480 --> 45:26.480]  There's no way a place like that exists.
[45:26.480 --> 45:32.480]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street just south of UT.
[45:32.480 --> 45:35.480]  Oh, by UT? There's never anywhere to park down there.
[45:35.480 --> 45:43.480]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[45:43.480 --> 45:46.480]  It does exist, but when are they open?
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[45:51.480 --> 46:13.480]  So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[46:13.480 --> 46:22.480]  Whoa, whoa.
[46:22.480 --> 46:30.480]  Always, I must be careful what I'm wishing for when I'm hungry.
[46:30.480 --> 46:34.480]  I like to know just what I'm wishing for.
[46:34.480 --> 46:36.480]  I ain't asking for much.
[46:36.480 --> 46:40.480]  I ain't trying to be nocturness.
[46:40.480 --> 46:45.800]  Alright folks, we are back, this is Rule of Law Radio, Randy Kelton, Eddie Craig, Debra
[46:45.800 --> 46:46.800]  Stevens.
[46:46.800 --> 46:53.880]  We have just a little over an hour left in the show, 512-646-984 is the call-in number.
[46:53.880 --> 46:57.920]  Right now, we are taking your calls, so give us a call if you have an issue, and let's
[46:57.920 --> 46:59.720]  go to Jason in Texas.
[46:59.720 --> 47:01.520]  Jason, what can we do for you?
[47:01.520 --> 47:05.320]  Hey guys, I've got three questions each on a different topic, and I think two of them
[47:05.320 --> 47:07.440]  will go pretty quick.
[47:07.440 --> 47:09.640]  First one we can get out of the way.
[47:09.640 --> 47:19.720]  Randy, here you are talking about a custodial arrest, as soon as an officer turns on his
[47:19.720 --> 47:26.360]  lights for the purpose of issuing you a citation and a traffic stop, does that custodial arrest
[47:26.360 --> 47:31.160]  still apply if they suspect you of a crime other than a violation of the transportation
[47:31.160 --> 47:32.160]  code?
[47:32.160 --> 47:36.560]  Say, somebody called 911 and said, hey, the perpetrator is getting away and he is in so-and-so
[47:36.560 --> 47:42.240]  car, if they chase you down and stop you on the side of the road, does that still consider
[47:42.240 --> 47:45.200]  a custodial arrest or would that be a detention?
[47:45.200 --> 47:52.720]  Well, without them actually seeing it committed in their presence, they're having to investigate.
[47:52.720 --> 47:53.720]  That's a detention.
[47:53.720 --> 47:54.720]  Okay.
[47:54.720 --> 47:58.520]  All right, so that answers the first question.
[47:58.520 --> 48:04.800]  The next one goes to Texas Constitution, Article 5, Section 17, dealing with county
[48:04.800 --> 48:10.440]  courts and grand juries investigating into misdemeanors.
[48:10.440 --> 48:15.160]  I'm being charged with a class A misdemeanor and a county court at law, which if I'm correct,
[48:15.160 --> 48:18.240]  I believe that's statutory court, right?
[48:18.240 --> 48:21.880]  Well, they're all statutory court.
[48:21.880 --> 48:25.720]  I'm not sure I understand what you're questioning on that part of the screen.
[48:25.720 --> 48:29.400]  The district court and the county court are constitutional courts.
[48:29.400 --> 48:32.000]  They're established by constitution.
[48:32.000 --> 48:33.000]  Right, exactly.
[48:33.000 --> 48:37.600]  They enforce statute, but they are constitutional courts.
[48:37.600 --> 48:38.600]  Okay.
[48:38.600 --> 48:43.440]  The district, county, and justice in the piece.
[48:43.440 --> 48:47.280]  How did you wind up in district court if this is a class A misdemeanor?
[48:47.280 --> 48:50.120]  No, I'm in a county court at law.
[48:50.120 --> 48:51.120]  Okay.
[48:51.120 --> 48:53.760]  All right, so what's the question?
[48:53.760 --> 48:59.880]  The question is Article 5, Section 17 of the Texas Constitution deals with county courts
[48:59.880 --> 49:04.480]  and I believe that's referring to a constitutional county court, is that correct?
[49:04.480 --> 49:05.480]  That's correct.
[49:05.480 --> 49:06.480]  Okay.
[49:06.480 --> 49:08.880]  So if a county court at law is statutory.
[49:08.880 --> 49:10.720]  Wait a minute, wait a minute.
[49:10.720 --> 49:11.720]  It's not.
[49:11.720 --> 49:14.080]  There's two county courts.
[49:14.080 --> 49:19.760]  There's the commissioners court and then there's the county court at law.
[49:19.760 --> 49:23.400]  That's the constitutional court.
[49:23.400 --> 49:25.400]  That's not exactly correct.
[49:25.400 --> 49:31.520]  There is a constitutional county court that is ruled over by an elected county judge.
[49:31.520 --> 49:32.520]  No, no, no.
[49:32.520 --> 49:33.520]  That's the judge.
[49:33.520 --> 49:39.000]  They only give juvenile jurisdiction to and small claims jurisdiction.
[49:39.000 --> 49:42.200]  Very small claims in fact.
[49:42.200 --> 49:44.520]  Every county's got one, but they are not.
[49:44.520 --> 49:48.920]  That's not the commissioners court as far as the constitutional county court goes.
[49:48.920 --> 49:50.120]  That's not what that is.
[49:50.120 --> 49:55.680]  It is a separate independent court, but with very limited jurisdiction.
[49:55.680 --> 49:58.280]  Okay, because I'm reading something here.
[49:58.280 --> 50:01.560]  I've been trying to distinguish what's the difference between the two and where is their
[50:01.560 --> 50:04.280]  jurisdiction overlap because.
[50:04.280 --> 50:10.040]  You have the constitutional county court and then you have the county court or the county
[50:10.040 --> 50:16.400]  court at law and there are two different ones at that level and you're right.
[50:16.400 --> 50:22.680]  The county court at law is not specifically named in the constitution, but the constitution
[50:22.680 --> 50:28.760]  does give the legislature the authority to create any such courts as a matter of statute
[50:28.760 --> 50:30.960]  at the set their jurisdiction.
[50:30.960 --> 50:31.960]  Right.
[50:31.960 --> 50:32.960]  Okay.
[50:32.960 --> 50:38.800]  And I'm reading, I'm reading this, this separate, this article was not an article, it's a breakdown
[50:38.800 --> 50:43.960]  on courts in Texas and it says county court at law jurisdiction may include some or all
[50:43.960 --> 50:49.240]  types of cases within the jurisdiction of constitutional county courts.
[50:49.240 --> 50:53.040]  And really, really, I guess we can go off and talk about this stuff for a long time,
[50:53.040 --> 50:58.920]  but the point of my question is, is if I am in a county court at law, which is statutory,
[50:58.920 --> 51:05.240]  how can I apply article five section 17 of the Texas Constitution to say, look, you guys
[51:05.240 --> 51:11.000]  have to get an indictment by a grand jury and I do not waive that, right?
[51:11.000 --> 51:18.240]  You know, article 1.141, here's where they've created a conflict in the constitution.
[51:18.240 --> 51:23.420]  Article one section 10 was rewritten to make it where they did not have to seek a grand
[51:23.420 --> 51:33.000]  jury indictment if the individual was going to be incarcerated in other than a state penitentiary
[51:33.000 --> 51:36.520]  for a period of less than one year.
[51:36.520 --> 51:42.880]  Now that's in the bill of rights, so they're trying to use the bill of rights to override
[51:42.880 --> 51:48.200]  conflicting provisions of the constitution, which in this case will be article five section
[51:48.200 --> 51:54.480]  17, where it specifically states that the grand jury shall check into all misdemeanors or
[51:54.480 --> 51:55.680]  into misdemeanors.
[51:55.680 --> 52:03.600]  Okay, so that's what they're going to argue that article five section 17 does not specifically
[52:03.600 --> 52:08.160]  require the grand jury to hand down an indictment.
[52:08.160 --> 52:13.520]  What they're forgetting is, is that the people's protections were based on the grand jury, not
[52:13.520 --> 52:17.120]  upon the discretion of the prosecutors and the magistrates.
[52:17.120 --> 52:22.640]  Okay, good, and that makes sense, I guess they can't read plain English.
[52:22.640 --> 52:27.880]  Well, that's because they tried to subvert the bill of rights by getting that amendment
[52:27.880 --> 52:30.160]  passed to article one section 10.
[52:30.160 --> 52:34.360]  Okay, you're saying I'd have a hard time invoking that in a statement?
[52:34.360 --> 52:35.360]  I know.
[52:35.360 --> 52:39.320]  Well, I'm saying you'd have a hard time making a winning argument out of it at the trial
[52:39.320 --> 52:40.480]  level.
[52:40.480 --> 52:48.120]  I would definitely make it and preserve it for appeal, but be understanding of the fact
[52:48.120 --> 52:55.440]  that at trial level, they're going to ignore everything and anything you fail to preserve
[52:55.440 --> 52:58.480]  will not be available to you to bring up later.
[52:58.480 --> 53:05.640]  So any argument you find that will have any potential ability to save your bacon, use
[53:05.640 --> 53:06.640]  it.
[53:06.640 --> 53:07.640]  Okay, could that be?
[53:07.640 --> 53:08.760]  Let's get it in the record.
[53:08.760 --> 53:09.760]  Say again?
[53:09.760 --> 53:13.080]  Could that be used in pre-trial?
[53:13.080 --> 53:14.080]  Absolutely.
[53:14.080 --> 53:22.360]  Okay, because I'm thinking I'm going to, I've just recently, I'm going on a year and almost
[53:22.360 --> 53:26.520]  10 months and still haven't had a pre-trial, so they're trying to squeeze us in two months
[53:26.520 --> 53:30.080]  before their statute of limitations runs out.
[53:30.080 --> 53:32.160]  And I filed a bar grievance against my attorney.
[53:32.160 --> 53:36.360]  I imagine I'd have to probably file a whole pile to ever get him to even utter those words
[53:36.360 --> 53:37.360]  to the pre-trial.
[53:37.360 --> 53:39.480]  When did they file the complaint against you?
[53:39.480 --> 53:42.520]  In August of 2009.
[53:42.520 --> 53:44.360]  And they haven't prosecuted it?
[53:44.360 --> 53:49.360]  No, they've been, they make a speedy trial argument out of it too.
[53:49.360 --> 53:53.360]  Okay, yeah, I've been, I've been summoned for pre-trial six times and been reset all
[53:53.360 --> 53:54.360]  six.
[53:54.360 --> 53:57.120]  Yep, they're going to provide a speedy trial.
[53:57.120 --> 53:59.480]  Okay, I'm going to get that one going too.
[53:59.480 --> 54:02.520]  Okay, yeah, I was just looking at that and trying to see how that fits into the whole
[54:02.520 --> 54:03.520]  puzzle.
[54:03.520 --> 54:08.360]  But like you say, I will, I will note it for the, for the record and try to get my attorney
[54:08.360 --> 54:14.160]  to jump up and say something, file grievances if he doesn't.
[54:14.160 --> 54:15.160]  Okay.
[54:15.160 --> 54:23.400]  The next, the third one was, Eddie, you talked about, about four appearances prior to trial
[54:23.400 --> 54:26.520]  in a criminal case.
[54:26.520 --> 54:30.840]  One was your, I guess your initial appearance before magistrate, the second one would be
[54:30.840 --> 54:34.760]  the article 1517 hearing is your initial appearance.
[54:34.760 --> 54:35.760]  Right.
[54:35.760 --> 54:42.640]  1517 then requires that the individual be notified of their right to an examining trial,
[54:42.640 --> 54:44.960]  which would be their second appearance.
[54:44.960 --> 54:50.400]  They also must be set and scheduled for appearance for the purpose of arraignment.
[54:50.400 --> 54:52.480]  That would be a third appearance.
[54:52.480 --> 54:56.920]  Then you would have at minimum the fourth appearance for trial.
[54:56.920 --> 54:57.920]  Okay.
[54:57.920 --> 55:02.880]  Now there can be any number of appearances between that third and that fourth for the
[55:02.880 --> 55:08.400]  purpose of motions hearings and things of the evidentiary hearings, things of that nature.
[55:08.400 --> 55:11.000]  But at a minimum, there can only be four.
[55:11.000 --> 55:12.000]  Hold on.
[55:12.000 --> 55:13.000]  Hold on.
[55:13.000 --> 55:14.000]  How about two of them?
[55:14.000 --> 55:21.600]  That, that first appearance when they advise you of your right to an examining trial, it's
[55:21.600 --> 55:24.600]  what that hearing is supposed to be.
[55:24.600 --> 55:25.600]  Right.
[55:25.600 --> 55:31.160]  No, actually 1517 doesn't do any of the things that an examining trial requires or any.
[55:31.160 --> 55:33.720]  They're separate.
[55:33.720 --> 55:36.000]  They have to be separate.
[55:36.000 --> 55:41.520]  When you, if they advise you of your right to an examining trial and you demand one,
[55:41.520 --> 55:44.960]  that must be done before anyone can do anything else.
[55:44.960 --> 55:46.720]  So there's no jurisdiction.
[55:46.720 --> 55:53.800]  Well, but 1517 said or 16, chapter 16 says that the examining trial is basically a mini
[55:53.800 --> 55:59.440]  version of the real trial and that there must be a minimum amount of time available for
[55:59.440 --> 56:05.320]  the individual to receive notice, procure counsel, get his discovery.
[56:05.320 --> 56:08.600]  You can, you only get that time if you ask for it.
[56:08.600 --> 56:12.760]  If you want an immediate trial, they have to provide one immediately.
[56:12.760 --> 56:18.120]  Yeah, but if you're going to be pulling in witnesses and producing evidence at that trial,
[56:18.120 --> 56:20.120]  that's a separate issue.
[56:20.120 --> 56:25.400]  I understand that, but they don't get to decide that you can't have this trial.
[56:25.400 --> 56:29.840]  I know that you might want to change the, you might want to pull in witnesses.
[56:29.840 --> 56:31.320]  It's your decision.
[56:31.320 --> 56:32.320]  I know that.
[56:32.320 --> 56:33.320]  You decide to have it.
[56:33.320 --> 56:34.320]  Mark you in four.
[56:34.320 --> 56:35.600]  I understand that.
[56:35.600 --> 56:36.760]  Okay.
[56:36.760 --> 56:41.680]  That's why I said it can't be the same hearing just because they want it to be.
[56:41.680 --> 56:46.000]  And most people, if they know they've got witnesses or evidence they can produce that
[56:46.000 --> 56:50.360]  would shoot the whole thing right between the eyes before it ever got off the ground,
[56:50.360 --> 56:53.800]  then they would schedule it at such a time where they could do that.
[56:53.800 --> 56:59.680]  So the registration and that hearing can't be the same appearance.
[56:59.680 --> 57:03.040]  They simply can't be for that as a wage.
[57:03.040 --> 57:04.600]  Magistration is a fiction.
[57:04.600 --> 57:06.320]  They made that up.
[57:06.320 --> 57:10.240]  There is what they're calling 1517 proceeding though.
[57:10.240 --> 57:14.920]  I understand it's a fiction, but it's what they're calling that process because there
[57:14.920 --> 57:18.120]  is no name assigned to it in the statute.
[57:18.120 --> 57:22.320]  It just gives a list of things that they're required to do.
[57:22.320 --> 57:31.080]  If you read 16 when they bring you before the magistrate, you have a right to an examining
[57:31.080 --> 57:35.960]  trial right then unless you elect something different.
[57:35.960 --> 57:40.800]  They don't have authority to come bring you before a magistrate and do some song and dance
[57:40.800 --> 57:47.480]  and salsa on your pants and then hold an examining trial later on if they ever get
[57:47.480 --> 57:48.480]  around to it.
[57:48.480 --> 57:50.920]  They're required to do that first.
[57:50.920 --> 57:56.240]  And the only reason they can't do it first is if you demand your right to counsel and
[57:56.240 --> 58:00.040]  you demand your right to have time to secure evidence.
[58:00.040 --> 58:02.840]  Otherwise, they don't have the option.
[58:02.840 --> 58:08.200]  Well, I agree they shouldn't because you were arrested without warrant.
[58:08.200 --> 58:14.480]  I absolutely agree with that, but the thing is this 1517 doesn't make that distinction
[58:14.480 --> 58:15.480]  at all.
[58:15.480 --> 58:19.400]  All right, folks, we're going to go to break.
[58:19.400 --> 58:20.400]  Jason, hang in there.
[58:20.400 --> 58:22.640]  We'll pick this up on the other side.
[58:22.640 --> 58:26.040]  Calling number is 512-646-1984.
[58:26.040 --> 58:30.200]  We've got an hour left in the show, so if you got any questions or issues, now's the
[58:30.200 --> 58:31.760]  time to get in line, folks.
[58:31.760 --> 58:35.440]  Please don't wait for the last minute before we run out of time and are unable to take
[58:35.440 --> 58:36.440]  your call.
[58:36.440 --> 58:41.160]  This is Eddie Craig, Randy Kelton, Debra Stevens, Rule of Law Radio.
[58:41.160 --> 59:00.240]  We'll be right back on the other side of the break.
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[59:43.400 --> 59:53.840]  This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102
[59:53.840 --> 59:57.880]  or by ordering online at freestudybible.com.
[59:57.880 --> 01:00:04.760]  This news brief brought to you by the International Newsnet.
[01:00:04.760 --> 01:00:09.560]  The House of Representatives has voted to bar U.S. food aid to North Korea.
[01:00:09.560 --> 01:00:13.480]  Relief groups say North Korea faces imminent food shortages.
[01:00:13.480 --> 01:00:17.880]  Republican Representative Ed Royce said it would be wrong to send food to North Korea
[01:00:17.880 --> 01:00:21.920]  while Kim Jong-il's regime is pursuing nuclear weapons.
[01:00:21.920 --> 01:00:25.320]  The measure needs approval by the Senate.
[01:00:25.320 --> 01:00:30.400]  Mexican officials say 33 people have been killed in the space of 24 hours in Mexico's
[01:00:30.400 --> 01:00:32.800]  industrial capital, Monterey.
[01:00:32.800 --> 01:00:35.400]  Most had links to the drug cartels.
[01:00:35.400 --> 01:00:40.840]  Two of the victims were bodyguards of the governor of Nuevo León, Rodrigo Medina.
[01:00:40.840 --> 01:00:45.240]  Police say a threatening message addressed to Medina has been found next to the bodies.
[01:00:45.240 --> 01:00:51.360]  Medina said the threat would not stop his efforts to beat organized crime.
[01:00:51.360 --> 01:00:55.400]  Food shelling between northern and southern Sudanese troops in the disputed region of
[01:00:55.400 --> 01:01:01.360]  Abye erupted Friday, forcing aid workers to evacuate the town of Agok, located in the
[01:01:01.360 --> 01:01:02.960]  area's southern tip.
[01:01:02.960 --> 01:01:07.200]  The country's south is just over three weeks away from declaring independence.
[01:01:07.200 --> 01:01:12.800]  But Khartoum and Juba have yet to decide who should control Abye, raising fears the two
[01:01:12.800 --> 01:01:14.960]  sides could resume war.
[01:01:14.960 --> 01:01:20.360]  U.S. officials have pledged to improve the aid program to Afghanistan, being done by
[01:01:20.360 --> 01:01:22.120]  the Bush administration.
[01:01:22.120 --> 01:01:27.600]  But analysts say more money has undermined the counterinsurgency effort against the Taliban.
[01:01:27.600 --> 01:01:31.920]  Recent U.S. government reports suggest the Obama administration has spent large sums
[01:01:31.920 --> 01:01:37.080]  on projects that have fueled corruption, distorted local economies, and have left Afghanistan
[01:01:37.080 --> 01:01:41.360]  with technology it won't be able to maintain after NATO forces leave.
[01:01:41.360 --> 01:01:46.480]  The congressional commission on wartime contracting in Iraq and Afghanistan said in a report this
[01:01:46.480 --> 01:01:53.160]  month, quote, overly ambitious proposals, incomplete analysis, poor planning, weak coordination,
[01:01:53.160 --> 01:01:58.120]  and inadequate follow-through by federal officials, risked wasting billions more.
[01:01:58.120 --> 01:02:02.680]  A study last week by the Democratic majority of the Senate Foreign Relations Committee
[01:02:02.680 --> 01:02:08.080]  concluded the Afghan economy is so dependent on military spending and international aid,
[01:02:08.080 --> 01:02:14.880]  it could plunge into depression in 2014, when U.S. forces are scheduled to depart.
[01:02:14.880 --> 01:02:20.400]  Over 1,000 people in at least 10 boats plan to set sail from Athens June 21st to deliver
[01:02:20.400 --> 01:02:23.800]  humanitarian aid and building materials to Gaza.
[01:02:23.800 --> 01:02:29.840]  The second international freedom flotilla includes activists from Canada, Ireland, Spain, Switzerland,
[01:02:29.840 --> 01:02:30.920]  and the U.S.
[01:02:30.920 --> 01:02:35.360]  The Americans have named their boat the audacity of hope after Barack Obama's book of the
[01:02:35.360 --> 01:02:36.360]  same name.
[01:02:36.360 --> 01:02:41.360]  The first freedom flotilla last year was met with deadly force from the Israeli Navy.
[01:02:41.360 --> 01:02:46.440]  Great Turks and one Turkish American were killed as the commandos raided the Mavi Marmara
[01:02:46.440 --> 01:02:50.080]  in international waters 60 miles from Gaza.
[01:02:50.080 --> 01:02:55.280]  Prime Minister Benjamin Netanyahu said recently Israel will again use force if the flotilla
[01:02:55.280 --> 01:02:57.280]  tries to breach the blockade.
[01:02:57.280 --> 01:03:13.400]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com.
[01:03:13.400 --> 01:03:20.400]  Live free speech talk radio at its best.
[01:03:20.400 --> 01:03:45.400]  Hi folks we are back this rule of law radio 512646984 is the calling number we are in the
[01:03:45.400 --> 01:03:50.400]  last hour of the show so if you have any questions please give us a call.
[01:03:50.400 --> 01:03:54.400]  Right now we are going to go ahead and finish up our call with Jason in Texas.
[01:03:54.400 --> 01:03:57.400]  Okay Jason let's finish you up here.
[01:03:57.400 --> 01:04:04.400]  Eddie I see where you are going with that.
[01:04:04.400 --> 01:04:10.480]  If it's true the way that you are explaining it and essentially the police hold the keys
[01:04:10.480 --> 01:04:16.160]  to the jail house because they can essentially throw you in jail get the sitting magistrate
[01:04:16.160 --> 01:04:20.600]  and the quote unquote magistration to rubber stamp what they say and if they get you on
[01:04:20.600 --> 01:04:24.800]  a Friday then you can stay in jail until Monday until Monday until you get your examining
[01:04:24.800 --> 01:04:25.800]  trial.
[01:04:25.800 --> 01:04:32.440]  But you know what I am having trouble with in that whole deal is article 2.11 examining
[01:04:32.440 --> 01:04:36.560]  court says when the magistrate says for the purpose of inquiring into a criminal accusation
[01:04:36.560 --> 01:04:41.120]  against any person this is called an examining court.
[01:04:41.120 --> 01:04:46.720]  And then of course you guys know this I hear Randy talking about it all the time the next
[01:04:46.720 --> 01:04:52.240]  thing article 1725 after full examination of the testimony the magistrate shall if the
[01:04:52.240 --> 01:04:58.240]  case be one where a bill may be granted and ought to be required proceed to make an order
[01:04:58.240 --> 01:05:02.760]  that the accused execute a bill bond with sufficient security conditioned for the appearance
[01:05:02.760 --> 01:05:04.440]  before the proper court.
[01:05:04.440 --> 01:05:10.000]  I mean there's there's a couple more things I mean you know 16 yeah the the big issue
[01:05:10.000 --> 01:05:16.800]  here Jason is this they tried to consolidate the procedures of chapter 16 and 17 into a
[01:05:16.800 --> 01:05:24.800]  shortcut version and called it 1517 okay and the problem is that they've now given the
[01:05:24.800 --> 01:05:29.760]  appearance that there is two different sets of rules to abide by.
[01:05:29.760 --> 01:05:33.880]  I'm not arguing with Randy for the sake of argument here I completely agree with the
[01:05:33.880 --> 01:05:41.680]  point of view he's got the problem is is the statutes have caused a division of the procedure
[01:05:41.680 --> 01:05:48.480]  to make it appear as if there are more than one okay so in that situation how do you how
[01:05:48.480 --> 01:05:53.920]  do you hold the hammer how do you get a hold of that and and wield it to you know to to
[01:05:53.920 --> 01:05:56.480]  your advantage.
[01:05:56.480 --> 01:06:01.760]  For the moment it's difficult because you would have to make an imperimateria argument
[01:06:01.760 --> 01:06:10.000]  between the provisions of chapter 16 and 17 and the actions prescribed under 1517.
[01:06:10.000 --> 01:06:17.640]  Now why 1517 didn't simply state the magistrate shall perform the provisions of chapter 16
[01:06:17.640 --> 01:06:22.480]  were applicable and chapter 17 were applicable rather than go through all the crap that it
[01:06:22.480 --> 01:06:29.600]  does I don't know that would have simply been smart when the legislator wrote it but of
[01:06:29.600 --> 01:06:36.040]  course smart and legislator in the same sentence is an oxymoron well you know and they couldn't
[01:06:36.040 --> 01:06:39.760]  collect maybe but a quarter of the revenue if they had if every officer had to take somebody
[01:06:39.760 --> 01:06:44.720]  before magistrate also you know well that's true they couldn't keep you in jail and get
[01:06:44.720 --> 01:06:48.560]  their head count up so that they could get federal money for keeping you in there that's
[01:06:48.560 --> 01:06:54.760]  the whole reason you're taken to jail it allows them to put you on the booking role and add
[01:06:54.760 --> 01:07:00.160]  you to the head count so that when they get their funding mandates handed down they can
[01:07:00.160 --> 01:07:05.360]  go back and show we had this many people in jail at this time right and that's what it's
[01:07:05.360 --> 01:07:09.960]  all about right and I bet if the officer who knew he was going to have to do that he probably
[01:07:09.960 --> 01:07:15.320]  wouldn't bother arresting most of the people that he does you know but yeah that depends
[01:07:15.320 --> 01:07:21.400]  on the officer I would like to agree that that's probable but I can't right well here
[01:07:21.400 --> 01:07:26.360]  in my area we've we've had a big issue about our court our gels being overfilled in fact
[01:07:26.360 --> 01:07:32.240]  they're releasing people down here in noasis county so you know I guess we'll see how that
[01:07:32.240 --> 01:07:36.680]  all works out but it just seems like that argument that I'm trying to get to here seems
[01:07:36.680 --> 01:07:43.360]  to be a mountain compared to what I'm facing as far as a class a misdemeanor so anyways
[01:07:43.360 --> 01:07:47.920]  all right well I'll keep reading and keep listening all right Jason thanks for calling
[01:07:47.920 --> 01:07:58.040]  him thanks okay let's go to Tyler in Wyoming Tyler what can we do for you yeah Eddie Randall
[01:07:58.040 --> 01:08:04.000]  Deborah thanks for taking my call yes sir I can we help you at your show I'm actually
[01:08:04.000 --> 01:08:10.280]  calling for my dad we could not make a call tonight but he was involved we'll give you
[01:08:10.280 --> 01:08:16.640]  a little recap here he was involved with a traffic site patient in Colorado and it involves
[01:08:16.640 --> 01:08:23.520]  speeding and a safety belt and he filed several motions a couple of them were answered another
[01:08:23.520 --> 01:08:29.840]  two or so were just totally ignored the judge did say that she ruled on them but she never
[01:08:29.840 --> 01:08:38.120]  showed the rulings when he went to the actual trial there was another judge there so it's
[01:08:38.120 --> 01:08:44.240]  a totally different judge and he mentioned nothing about the previous rulings he just
[01:08:44.240 --> 01:08:51.520]  had mentioned that he had got them and that they ruled on them and he was forced to go
[01:08:51.520 --> 01:08:56.600]  through the trial even though he challenged the jurisdiction and they never approved
[01:08:56.600 --> 01:09:04.040]  it to him which for my understanding should be a requirement if somebody challenged the
[01:09:04.040 --> 01:09:07.320]  jurisdiction it was to be approved and that's what I understand I couldn't get confused
[01:09:07.320 --> 01:09:13.080]  on that but anyway he went through what I call a frivolous trial I call it frivolous
[01:09:13.080 --> 01:09:19.600]  because there's almost a laughing stock everything they did in there it didn't seem to comply
[01:09:19.600 --> 01:09:27.720]  with law they just kind of a I guess revenue meal would be a good general quote for a traffic
[01:09:27.720 --> 01:09:35.520]  court he brought up several issues most of them were from his challenges on the documents
[01:09:35.520 --> 01:09:42.240]  for example the officer acting as an attorney in Colorado there in that county they do not
[01:09:42.240 --> 01:09:49.640]  have district attorneys that handle those cases so it is strictly done by the officer when
[01:09:49.640 --> 01:09:56.640]  he had brought that up the judge said irrelevant he also brought up the fact that he asked the
[01:09:56.640 --> 01:10:01.360]  officer any questions he asked the officer for example did you write me under a valid
[01:10:01.360 --> 01:10:06.800]  cause of action what he was trying to prove there was basically to have a valid cause
[01:10:06.800 --> 01:10:11.840]  of action there needs to be a damaged party which of course it was not but the judge did
[01:10:11.840 --> 01:10:16.720]  not even let him answer he said that's irrelevant as well so everything literally every every
[01:10:16.720 --> 01:10:21.960]  decision he brought up he just said it was irrelevant would love to speak now he did
[01:10:21.960 --> 01:10:32.160]  reserve that for appeal and the judge did on this quarter record they did have a stenographer
[01:10:32.160 --> 01:10:37.600]  in there I believe that's what it's called typing and they say you can get a transcript
[01:10:37.600 --> 01:10:44.640]  so I would imagine that would be considered a quarter record however he had even filed
[01:10:44.640 --> 01:10:50.840]  for transcript on the first hearing he had the first hearing was moved because I was
[01:10:50.840 --> 01:10:54.720]  actually with him and they accused the officer accused me of being an attorney and it kind
[01:10:54.720 --> 01:11:03.760]  of ended that and then he went to a new schedule trial where he actually went through the trial
[01:11:03.760 --> 01:11:09.920]  so I don't really know to answer your question there I've heard that it's not but yet there
[01:11:09.920 --> 01:11:16.120]  was a person typing in there so I'm assuming and you can get a transcript so I would assume
[01:11:16.120 --> 01:11:24.920]  that is a quarter record our question is now we're wanting a little bit of justice here
[01:11:24.920 --> 01:11:35.440]  I guess how do we stop this outright now I call it tyranny but what do you file for
[01:11:35.440 --> 01:11:40.240]  example there's several they said you could file an appeal and there's different kinds
[01:11:40.240 --> 01:11:48.760]  of appeals I had a person suggest a novo in other words I believe from my understanding
[01:11:48.760 --> 01:11:53.720]  that just means that's a real court goes into real court and the trial for well it takes
[01:11:53.720 --> 01:12:00.560]  you to a higher court and the novo means do over right would that be I mean well what
[01:12:00.560 --> 01:12:08.000]  should we do here so we should we file okay wait a minute trial de novo is not an election
[01:12:08.000 --> 01:12:14.640]  that you have it is not it's either trial de novo or it's not if you have a right to
[01:12:14.640 --> 01:12:21.240]  trial de novo from this hearing that means you don't have to appeal based on point of
[01:12:21.240 --> 01:12:32.080]  error or you need to find out if an appeal from this court is a trial de novo and that's
[01:12:32.080 --> 01:12:42.240]  all it goes to it does not go to a indemnifying the prosecution from anything that went on
[01:12:42.240 --> 01:12:51.880]  in the trial court trial de novo is only for the purpose of perfecting appeal did not you
[01:12:51.880 --> 01:12:59.560]  don't have to appeal on point of error so everything is heard over but you still have
[01:12:59.560 --> 01:13:07.160]  the your testimony from the original trial that you can bring in like for instance to
[01:13:07.160 --> 01:13:13.320]  discredit the prosecution if they come up with different testimony in this case in this
[01:13:13.320 --> 01:13:19.960]  hearing then they did the last hearing then you can charge them with aggravated perjury
[01:13:19.960 --> 01:13:28.520]  if it's contradicting because they're still bound to their original testimony that's what
[01:13:28.520 --> 01:13:33.000]  they want to do in trial de novo they want to say we can go into the original court
[01:13:33.000 --> 01:13:37.920]  and lie like dogs because if you appeal is trial de novo and you can't use that well
[01:13:37.920 --> 01:13:44.560]  they tried that up to with me in a court in Fort Worth and the objective because it was
[01:13:44.560 --> 01:13:49.720]  trial de novo and I insisted that it was trial de novo for the purpose of effecting appeal
[01:13:49.720 --> 01:13:57.440]  but not for denying this officer not for shielding this officer from accusations of aggravated
[01:13:57.440 --> 01:14:06.240]  perjury in the original hearing and the judge actually bought my issue in this case that
[01:14:06.240 --> 01:14:12.240]  doesn't happen often yeah you might explain this a little more just have a little trouble
[01:14:12.240 --> 01:14:18.080]  understanding Randy so you're saying that the trial de novo may not be applicable here
[01:14:18.080 --> 01:14:24.720]  it may not and how would I know how you would have called the court and ask I don't know
[01:14:24.720 --> 01:14:29.560]  they may not tell you anything maybe you call an attorney and ask them if an appeal from
[01:14:29.560 --> 01:14:35.200]  a traffic court in Colorado is trial de novo they'll probably tell you that it either is
[01:14:35.200 --> 01:14:43.480]  or it isn't right this is a statutory option it's not an elective thing I see okay now
[01:14:43.480 --> 01:14:51.680]  how do we you know he was denied a jury and he requested pass or by the 7th amendment several
[01:14:51.680 --> 01:14:59.680]  of his documents he never even seen they supposedly responded to him are you familiar with Barry
[01:14:59.680 --> 01:15:05.920]  Smith little bear yeah he actually came on I was wondering if I could get his contact
[01:15:05.920 --> 01:15:11.280]  information to her if I could give him mine send me an email and I will get it to him
[01:15:11.280 --> 01:15:17.920]  he agreed to allow you to contact him I appreciate that I will do that okay yeah he's very familiar
[01:15:17.920 --> 01:15:25.520]  with Colorado traffic law and I got a lot out of listening to him talk to you guys there
[01:15:25.520 --> 01:15:33.760]  a couple weeks ago so I will do that I'll send you an email tomorrow my second question was
[01:15:34.480 --> 01:15:43.760]  is there a chance can we still file the judicial complaints for all what I consider to be
[01:15:43.760 --> 01:15:52.640]  the violations of law for example the judge wouldn't let him bring any of this you know
[01:15:53.520 --> 01:15:58.640]  you just said it was irrelevant can you file judicial complaints for that or would that not
[01:15:58.640 --> 01:16:06.480]  yeah I would file a judicial complaint at every opportunity and you might look at going after
[01:16:06.480 --> 01:16:11.920]  the judge for outlawry this is a common thing they deny you and your ability to
[01:16:11.920 --> 01:16:19.920]  seek remedy now is is outlawry in a judicial complaint or would that be in a criminal
[01:16:19.920 --> 01:16:25.840]  point where would that fall out that would be you can sue him for that but also charge him
[01:16:25.840 --> 01:16:32.800]  criminally with denying you in your rights and that's in California I mean Colorado law I remember
[01:16:32.800 --> 01:16:37.440]  seeing it that if a public official acting on the color of his authority denies citizen
[01:16:37.440 --> 01:16:43.200]  form for the access to him joining the right that's a criminal act so you go after him criminally
[01:16:43.200 --> 01:16:50.640]  and run the grand jury routine on them don't like that okay hang on we'll be right back this is
[01:16:50.640 --> 01:16:56.480]  Randy Kelton W. Stephen daddy Craig we have a lot of radio we've got a bunch of callers we'll
[01:16:56.480 --> 01:17:04.160]  take you on the other side capital coin and bullion is your local source for rare coins precious
[01:17:04.160 --> 01:17:10.160]  metals and coin supplies in the Austin metro area we also ship worldwide we're a family owned and
[01:17:10.160 --> 01:17:15.440]  operated business that offers competitive prices on your coin and metals purchases because of you
[01:17:15.440 --> 01:17:20.800]  Austin business has been so good that we've had to move to a new and bigger location we're now
[01:17:20.800 --> 01:17:27.680]  located at 7304 Burnett road sweet a 1.2 miles north on Burnett from our previous location
[01:17:27.680 --> 01:17:32.320]  we're on the west side of Burnett road in Stanley insurance building on the ground floor
[01:17:32.320 --> 01:17:38.080]  next to the Ishibon sushi and the genie carwash we're open Monday through Friday 10 to 6 Saturdays
[01:17:38.080 --> 01:17:45.520]  10 to 5 you welcome to stop in during regular business hours or call 512-646-6440 ask for
[01:17:45.520 --> 01:17:50.480]  Chad or Becky and say that you heard about us on rule of law radio or Texas Liberty radio
[01:17:50.480 --> 01:17:59.040]  that's capital coin and bullion at our new location at 7304 Burnett road sweet a or call 512-646-6440
[01:17:59.040 --> 01:18:06.400]  my name is Randall Kelton and I co-host on rule of law radio we specialize in showing people how
[01:18:06.400 --> 01:18:11.760]  to strike back against corrupt public officials with the mortgage crisis worsening we set our
[01:18:11.760 --> 01:18:16.960]  sights on finding a remedy for people who have been cheated by their lenders if you have a mortgage
[01:18:16.960 --> 01:18:22.320]  or have paid yours off you have probably been cheated out of thousands but there is a remedy
[01:18:22.320 --> 01:18:32.160]  go to remediesinrealestate.com or call me at 512-430-4140 and find out how to use the consumer
[01:18:32.160 --> 01:18:38.080]  protection laws to recover what the lenders have stolen through fraud and deception we will prepare
[01:18:38.080 --> 01:18:43.680]  for you a qualified written request that will expose the fraud and put the lenders on the dime
[01:18:43.680 --> 01:18:50.640]  lender fraud is bankrupting this country and it's time to fight back go to remediesinrealestate.com
[01:18:50.640 --> 01:18:59.680]  or call 512-430-4140 and get the information you need to stop the money changers in their tracks
[01:18:59.680 --> 01:19:22.720]  oh come on
[01:19:22.720 --> 01:19:32.880]  all right folks we are back rule of law radio 512-646 1984 is the call-in number
[01:19:33.760 --> 01:19:38.400]  we have several people up on the board we're going to finish up with toller but carlos cardio
[01:19:38.400 --> 01:19:44.480]  terry we see you guys on the board there so please hang on okay toller what can we finish you up here
[01:19:45.280 --> 01:19:50.240]  okay i'll make this quick i know you got other callers i'm in question getting close to
[01:19:50.240 --> 01:19:55.760]  end of the field time because he had to trial in 25th day i think it's 30 days in colorado
[01:19:55.760 --> 01:19:59.680]  is what do you file i thought you mentioned something like you thought you could file some
[01:19:59.680 --> 01:20:04.800]  extension for the appeal until we get our backs together what we want to do is there's something
[01:20:04.800 --> 01:20:10.400]  you could file an extension on that especially since they had answered did you file in a motion
[01:20:10.400 --> 01:20:18.480]  for reconsideration uh no i did not and i don't even know what that entails or what that is you
[01:20:18.480 --> 01:20:24.000]  file a motion for reconsideration you state what the judge did wrong and one of them he sees acting
[01:20:24.000 --> 01:20:33.280]  as in it as defense counsel and just show where you had a right to certain rulings and the law
[01:20:34.000 --> 01:20:38.720]  is on your side the law says what he's supposed to do he failed to apply the law to the facts
[01:20:39.600 --> 01:20:44.400]  and they'll deny your motion for consideration but that stops the appeals clock
[01:20:44.400 --> 01:20:52.400]  it does so that means you can feel even after the 30 day time well no it stops the clock
[01:20:53.040 --> 01:20:58.080]  but generally you've got 10 days to file for a motion for reconsideration so how long ago was
[01:20:58.080 --> 01:21:08.080]  the hearing oh yeah in the 25th of may so okay too late for that so no you just need to file
[01:21:08.080 --> 01:21:14.800]  you file a notice of appeal you don't have to file the appeal yet you generally you have to check
[01:21:14.800 --> 01:21:20.800]  with Barry to be certain but generally if you've got 30 days to file a notice of appeal notice of
[01:21:20.800 --> 01:21:26.480]  appeal okay and i will send you that uh my contact information and email uh they're getting them
[01:21:27.520 --> 01:21:33.840]  okay good all right thanks thanks guys okay now we're going to go to
[01:21:33.840 --> 01:21:40.960]  Carlos in California and i know Carlos is going to jump to stumps
[01:21:42.240 --> 01:21:47.600]  or stomp the chops something like that hello Carlos how are you good evening
[01:21:48.560 --> 01:21:55.280]  uh good evening also to eddie i had a question for eddie also tonight eddie you spoke up in another
[01:21:55.280 --> 01:22:02.240]  show about property taxes and you put the uh counted back on property taxes is there any
[01:22:02.240 --> 01:22:08.960]  way we can get some info on that so i need i need this for another couple uh well i guess it really
[01:22:08.960 --> 01:22:14.240]  depends on what kind of info you're talking about uh what i did was i basically studied the history
[01:22:14.240 --> 01:22:19.200]  of property taxes through the state constitution and the statutory revisions dealing with the
[01:22:19.200 --> 01:22:25.040]  subject and i come to find out that it was the corporations that were established in the state
[01:22:25.040 --> 01:22:30.240]  that were responsible for the property taxes such as railroads and things of that nature
[01:22:30.240 --> 01:22:36.800]  but the actual homeowners with their property never had to pay those unless
[01:22:37.680 --> 01:22:45.040]  they were going to be voting on a fiscal bill then they had to put up part of their property
[01:22:45.680 --> 01:22:52.800]  as collateral if they were going to vote for a fiscal bill so that that property could be used
[01:22:52.800 --> 01:22:59.040]  for the purpose of bonding and financing that fiscal bill in other words they had to pay taxes
[01:22:59.040 --> 01:23:04.080]  if they wanted a certain bill to spend money then they had to put up part of their property for the
[01:23:04.080 --> 01:23:10.560]  purpose of taxation to raise that money if they had no intention of participating in that bill
[01:23:11.280 --> 01:23:17.360]  or uh in whatever that bill was to produce they were not required to put their property up for
[01:23:17.360 --> 01:23:27.040]  taxation the term for that is render rendering is voluntary it has never ever been mandatory
[01:23:27.040 --> 01:23:33.040]  right that's where they get folks is they're telling you that your rendering is mandatory when
[01:23:33.040 --> 01:23:41.120]  it is not it cannot be it must be voluntary okay and we can still fight it back in all states right
[01:23:42.960 --> 01:23:47.280]  you you as long as you do the proper research and find out what it's about i'm pretty sure you'll
[01:23:47.280 --> 01:23:52.320]  find that it's similar in every state it was the corporations that were required to pay
[01:23:52.320 --> 01:24:00.400]  a property taxes outright but the people only had to do render their property for taxation
[01:24:00.400 --> 01:24:08.640]  if they were going to vote positive on a fiscal bill fiscal bill all right i got it right thank you
[01:24:09.200 --> 01:24:09.840]  thanks right now
[01:24:14.400 --> 01:24:19.600]  that it yes sir thank you okay all right are you going to talk to randy or is that all you did
[01:24:19.600 --> 01:24:24.080]  you didn't stop the chump well let me let me ask you something really interesting
[01:24:25.280 --> 01:24:32.720]  it's in it uh when you're on a foreclosure okay when they do a substitution of trustee
[01:24:34.080 --> 01:24:39.600]  in california right aren't they it's in that company like how was the reconvenced
[01:24:40.720 --> 01:24:47.120]  collector okay third party collectors absolutely that's that's the way
[01:24:47.120 --> 01:24:53.920]  we're claiming it because the company has no direct interest in the property but every time
[01:24:53.920 --> 01:25:02.160]  i've made that argument the courts have quickly thrown it out we have a group that is going after
[01:25:02.160 --> 01:25:09.280]  that very issue the fair debt collections protections act claiming that they are third party
[01:25:09.280 --> 01:25:15.440]  debt collectors and if you send me an email i'll send it to uh to those folks that have them
[01:25:15.440 --> 01:25:21.520]  get in touch with you that's jeff cedric and let you know what they're doing there and that's
[01:25:21.520 --> 01:25:26.880]  where it's coming all from because oh okay so you're already familiar with that i'm sorry
[01:25:27.920 --> 01:25:36.640]  okay but the problem we've had is jimmy was a third party debt collector the original holder of
[01:25:36.640 --> 01:25:49.200]  the debt has sold the debt to a collector and what the banks are doing is they're bringing in the title
[01:25:50.720 --> 01:25:55.600]  and based on the title they're claiming holdership and they're claiming that
[01:25:56.800 --> 01:26:03.920]  they actually have an investment in the in the the debt and they're collecting as the original
[01:26:03.920 --> 01:26:11.120]  lender or in the name of the original lender and that's they're arguing that that makes
[01:26:11.120 --> 01:26:19.520]  them not a third party debt collector but it's horse manure because the mortgage gives them no
[01:26:19.520 --> 01:26:28.720]  authority to uh collect it is the note that gives them authority to collect and they have to bring
[01:26:28.720 --> 01:26:34.880]  in the the note in the form of the security instrument it's been converted into and if a
[01:26:34.880 --> 01:26:39.520]  third party has purchased that note then they certainly are a third party debt collector
[01:26:39.520 --> 01:26:46.160]  but up until now we've had the a hard time getting the courts to even look at these they just throw
[01:26:46.160 --> 01:26:54.880]  them out of hand however the tide seems to be changing and i'm suggesting people look real
[01:26:54.880 --> 01:27:00.960]  close at going back after the judges when they fail to apply the law to the facts because everybody's
[01:27:00.960 --> 01:27:08.000]  getting sensitive now we have some issues for people to go in after judges and once a couple
[01:27:08.000 --> 01:27:18.640]  judges get sued for failing to address an issue brought before the courts i think we will see a
[01:27:18.640 --> 01:27:24.800]  lot more rulings in our favor we've seen them already well if the revelations has come out you
[01:27:24.800 --> 01:27:33.200]  know why they're ignoring it i think i think they're ignoring it because we never asked them to
[01:27:33.200 --> 01:27:40.560]  validate the debt that's why if you notice i ask them to validate the debt first thing
[01:27:40.560 --> 01:27:48.320]  yes yes if they fail to validate the debt and they try to pull it close and you you sue them
[01:27:48.320 --> 01:27:53.520]  in in district court because they haven't validated the debt therefore they cannot go forward and
[01:27:53.520 --> 01:27:58.880]  that's a federal offense we know that right okay i call it my cut the qualified written
[01:27:58.880 --> 01:28:06.960]  request that we provide it never says validate the debt what it says is is we demand that they
[01:28:06.960 --> 01:28:15.280]  prove up all of their claims that they prove up a complete a chain of ownership of the security
[01:28:15.280 --> 01:28:21.760]  instrument that they produce the original security instrument for inspection and that goes to
[01:28:24.640 --> 01:28:31.120]  uniform commercial code 3-501 if they fail to produce that for for inspection they're
[01:28:31.120 --> 01:28:38.400]  statutorily stopped from further collection uh so we've already demanded all of this information
[01:28:38.400 --> 01:28:46.400]  we haven't said verified validation but we've asked for all of the information i tried deliberately
[01:28:46.400 --> 01:28:53.680]  not to use those words randy i think i think that we if we put in there we ask them to validate
[01:28:53.680 --> 01:28:59.680]  validate they don't validate it they cannot go forward under federal law well it's generally
[01:28:59.680 --> 01:29:07.680]  in most states it's in the rules when you file a suit on account there must be a
[01:29:10.000 --> 01:29:15.760]  verified validation of the debt right if they don't verify it they cannot go forward
[01:29:16.560 --> 01:29:21.600]  that's what they don't if they don't verify it they haven't met the rules of the court so they're
[01:29:21.600 --> 01:29:28.800]  unable to to invoke the subject matter jurisdiction of the court right so therefore they can't go
[01:29:28.800 --> 01:29:35.040]  forward that's that's what that's what i'm trying to bring across okay ready thank you okay thank you
[01:29:35.040 --> 01:29:44.080]  carlos thank you very much when we come back we'll go to claudio in california this is ready to
[01:29:44.080 --> 01:30:00.400]  kill the debauchery jade craig with my radio we'll be right back on the other side top 10 reasons
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[01:32:26.320 --> 01:32:31.440]  all right folks we are back this is rule of law radio we have about a half hour left in the show
[01:32:32.240 --> 01:32:39.360]  512 646 1984 is the call in number uh if you got any issues now's the time to get in line if you
[01:32:39.360 --> 01:32:43.120]  wait very much longer we're not going to be able to get to you before we finish our other callers
[01:32:43.120 --> 01:32:48.320]  right now let's go to claudio in california and terry we do see you there on the board so please
[01:32:48.320 --> 01:32:55.600]  hang on all right claudio what can we do for you hello randy this is eddy randy's out there
[01:32:55.600 --> 01:33:02.800]  somewhere okay how you doing eddy all right i'm a color's brother uh huh yeah i was going to say
[01:33:02.800 --> 01:33:12.080]  hey bubba how you doing bud hey listen i filed a lawsuit against the servicer company and the
[01:33:12.080 --> 01:33:22.000]  a trustee company for a lawful foreclosure so we had a meeting for it for uh what's it called
[01:33:22.000 --> 01:33:29.280]  what is called case management case management yes and um the servicer company didn't show up
[01:33:30.480 --> 01:33:37.840]  for the first time and they show up last two weeks so though the judge ordered the uh
[01:33:37.840 --> 01:33:45.520]  uh the a trustee company to notify them and to show cars for now showing up my question is
[01:33:46.480 --> 01:33:55.440]  should uh shouldn't i win by default or shouldn't i uh no no not here uh all he'll do is uh
[01:33:56.000 --> 01:34:04.080]  i'm in california impose sanctions against them this is not a a trial issue okay this is just a
[01:34:04.080 --> 01:34:09.520]  case uh just a management issue uh the judge will issue sanctions against them's about all
[01:34:10.720 --> 01:34:16.000]  and he may give those sanctions to you to pay you for your time of coming down to the court when
[01:34:16.000 --> 01:34:25.600]  they didn't bother to show up yeah i have a question you sued them uh have they made the claims that
[01:34:25.600 --> 01:34:32.240]  they're uh not vicariously liable they're not liable for what the lender did or yeah yeah they
[01:34:32.240 --> 01:34:41.040]  did the non-monetary status okay you might want to look at if you do a amended pleading okay
[01:34:41.680 --> 01:34:47.680]  is what we've been doing is we stop going after all of those guys and the one we're all going after
[01:34:47.680 --> 01:34:55.280]  one entity and that's the one who signed the last demand for payment
[01:34:55.280 --> 01:35:05.600]  and what we maintain is that demand for payment contains amounts that were secured by fraud
[01:35:07.280 --> 01:35:13.200]  and it was the intent of the individual who made the demand to
[01:35:15.040 --> 01:35:22.480]  illegally convert your personal property to the their personal unjust enrichment
[01:35:22.480 --> 01:35:31.600]  and the unjust enrichment of others this claim gets around statute limitations gets around
[01:35:32.320 --> 01:35:39.520]  vicarious liability fiduciary duty it goes directly to them for their particular actions
[01:35:41.360 --> 01:35:51.440]  and have you had a ruling on rule 12 no okay prepare discovery okay
[01:35:51.440 --> 01:36:03.280]  and ask for proof of all of the fees they charge that you maintain their false and bogus let me
[01:36:03.280 --> 01:36:12.400]  go outside where i can't hear the okay uh oh i see you had to get out of the house because
[01:36:12.400 --> 01:36:17.760]  yeah you and the dog were living in the same house now you're in the doghouse well the thing
[01:36:17.760 --> 01:36:26.880]  yeah i live in the hot doghouse okay my wife uh you can ask for three rule 12 discovery okay
[01:36:28.000 --> 01:36:36.160]  and you claim that the lender this company is trying to collect monies that were charged to you
[01:36:36.160 --> 01:36:41.440]  at but based on amounts charged you at closing and you maintain they're all false
[01:36:41.440 --> 01:36:50.240]  and since the company is the claiming to be the holder and they are a they're all
[01:36:51.120 --> 01:36:56.720]  competent businessmen they're prudent businessmen certainly they can prove easy enough
[01:36:57.760 --> 01:37:04.160]  that all of these fees are proper before the judge rules that you don't have a claim on that
[01:37:04.160 --> 01:37:14.320]  issue and since the individual is claiming to be the holder then certainly it would be no
[01:37:14.320 --> 01:37:20.560]  undue burden to show a complete line of ownership of the security instrument
[01:37:22.160 --> 01:37:26.000]  because if they've claimed to be the holder certainly they have that
[01:37:26.880 --> 01:37:32.960]  chain of evidence and it would not be an undue burden to have them provided before the judge
[01:37:32.960 --> 01:37:40.560]  renders a ruling on whether or not you could win that issue okay we did let me stop we did that and
[01:37:40.560 --> 01:37:46.160]  immediately the other side came back with discovery okay they demand they gave us gave
[01:37:46.160 --> 01:37:51.840]  us gave a whole bunch of crap that didn't go to either of those issues and then ask for discovery
[01:37:53.840 --> 01:37:58.880]  okay let me back up a little now we can go back and say that the rule 12 motion is moved
[01:37:58.880 --> 01:38:08.000]  that they've already moved for discovery and asked asked the judge to to withhold any
[01:38:08.000 --> 01:38:12.560]  ruling on the rule 12 until this discovery process is complete
[01:38:15.360 --> 01:38:21.440]  to tie their hands did I mention this this public is being foreclosed on
[01:38:21.440 --> 01:38:31.520]  yes okay okay perfect now what I submitted on my pleadings I submitted a foreclosure investigation
[01:38:31.520 --> 01:38:37.840]  report which is pretty pretty accurate and that is pretty self-explanatory you know what it would
[01:38:37.840 --> 01:38:46.160]  you usually what in reality it states that the the employees of the foreclosing company
[01:38:46.160 --> 01:38:56.480]  they named themselves as agents of MERS and so that okay hold on hold on okay that is not necessarily
[01:38:56.480 --> 01:39:05.760]  untrue okay because it's the way MERS worked they would name one of the employees of one of the
[01:39:05.760 --> 01:39:13.600]  banks that did business with them as the MERS agent okay so whether that's proper or not they
[01:39:13.600 --> 01:39:23.360]  actually did that okay but since MERS is involved you've got a really good strong position especially
[01:39:23.360 --> 01:39:30.160]  with the way things have been going yeah I take it you have demanded production of the original
[01:39:30.160 --> 01:39:38.960]  security instrument yes yes but then in my pleading yes before that I did a quality written
[01:39:38.960 --> 01:39:46.080]  request but they came up with just a bunch of crap you know what I mean yeah okay one other thing to
[01:39:46.080 --> 01:39:56.240]  do is go to the clerk to the registrar's office and get a complete copy of everything that's
[01:39:56.240 --> 01:40:04.720]  been filed in the registrar's office look and then have a private investigator look at the
[01:40:04.720 --> 01:40:15.520]  names on the documentation first look if they filed all of the transfers of ownership that
[01:40:15.520 --> 01:40:23.840]  they claim yeah if they're not properly filed in the clerk's office then are you in a federal court
[01:40:23.840 --> 01:40:33.280]  or a state court a state court okay go to the court with get evidence that the documents filed in
[01:40:33.280 --> 01:40:45.760]  the in the registrar's office are invalid and then move the court to strike those records okay
[01:40:47.120 --> 01:40:51.360]  that jerks is there that will pull the standing right out from under the
[01:40:53.440 --> 01:41:00.160]  whoever did the foreclosure okay and it's a it's a lot easier to do is you go get
[01:41:00.160 --> 01:41:07.360]  it pull those documents and if you've done a forensics on your note you can show that these
[01:41:07.360 --> 01:41:15.600]  documents don't accurately reflect the change in ownership of the of the claim against the property
[01:41:16.400 --> 01:41:19.760]  and ask the court to strike all those documents this is inaccurate
[01:41:21.360 --> 01:41:27.040]  and if you don't get that done then they don't have a leg to stand on yeah
[01:41:27.040 --> 01:41:35.040]  yeah most likely the court knows about Merza already oh yeah they know about Merza already
[01:41:35.040 --> 01:41:42.240]  and you might look at accusations of outlawry against the court if the court refuses to rule
[01:41:42.240 --> 01:41:52.480]  on any of your motions have you had any motions the court refused to hear no no good okay no
[01:41:52.480 --> 01:41:58.240]  it sounds like we may be getting the court's attention this judge seems like it's it's uh
[01:41:58.240 --> 01:42:04.240]  I don't know he seems like a human being now yeah they probably got his attention with all
[01:42:04.240 --> 01:42:10.000]  this stuff that's went down uh-huh he's not going to want people coming back after him
[01:42:11.920 --> 01:42:16.480]  okay times are changing yeah hopefully for the better
[01:42:16.480 --> 01:42:24.000]  um I think they are okay do you have any more questions yes one more one more um
[01:42:24.800 --> 01:42:31.680]  what about um filing a quiet idle on one of my properties that uh it's um it's been uh
[01:42:33.200 --> 01:42:38.720]  they wanted to put close but I have been able to stop it for to to delay it for about 20 months
[01:42:39.600 --> 01:42:45.200]  I sent some letters to the to a rather long company and they just pulled off they they just
[01:42:45.200 --> 01:42:52.560]  been hauling off on one of our quiet title okay good if you want to go for quiet title yeah uh
[01:42:54.000 --> 01:43:03.200]  it was going to be harder to get quiet title against all claims but ask the judge for quiet
[01:43:03.200 --> 01:43:12.400]  title for any claim based on this security instrument because of the nature of the sales
[01:43:12.400 --> 01:43:20.560]  of making it possible to determine who the true holder the note is so ask for quiet title for
[01:43:20.560 --> 01:43:28.720]  this claimant that'll be a lot easier to get yeah unless they absolutely prove up
[01:43:30.720 --> 01:43:36.800]  the that they that they are the true holder this you're not going to be able to do okay uh
[01:43:36.800 --> 01:43:43.600]  uh I want to finish my question when you come back okay don't this is Randy Kelton
[01:43:44.240 --> 01:43:49.840]  ever seen the daddy craig rule our radio uh we'll be right back on the other side we've
[01:43:49.840 --> 01:43:55.360]  got terry from michigan uh we'll pick you up on the other side when we finish with claudio
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[01:46:23.360 --> 01:46:36.720]  all right folks we are back this is rule of law radio we are in the last segment of the show so
[01:46:36.720 --> 01:46:41.200]  i'm not going to solicit any more callers we'll take what we can get see if we can get them all
[01:46:41.200 --> 01:46:48.000]  finished all right ready you want to pick up where you left off yeah carlos if you send me an email
[01:46:48.000 --> 01:46:54.240]  uh chris will get you the pre little get pre rule 12 discovery that we put together so far
[01:46:54.880 --> 01:47:00.560]  yes uh oh did you make a claim against the fees chart i forgot to ask that
[01:47:02.720 --> 01:47:08.960]  okay one more time did you make a claim against all the fees the bank charged you at close
[01:47:08.960 --> 01:47:09.920]  i was going to ask you that
[01:47:09.920 --> 01:47:18.320]  okay you need to claim that all the fees they charged you at closing were false and bogus
[01:47:19.360 --> 01:47:27.200]  and demand that they prove them all up okay they're not going to be able to okay we have
[01:47:27.200 --> 01:47:33.760]  some 400 suits out there and not one bank is attempted to prove up a single fee
[01:47:33.760 --> 01:47:39.360]  because they all have bogus fees in there and it only takes one
[01:47:41.120 --> 01:47:47.120]  one false fee that's fraud it negates the contract so they don't prove up any that'll
[01:47:47.120 --> 01:47:53.120]  jerk a knot in their shorts okay you had another question well basically i wanted
[01:47:53.120 --> 01:47:57.600]  to finish my my statement on on the property i want to do the quiet title
[01:47:57.600 --> 01:48:03.840]  they send a lot of a send them a quite a few letters and they tell me that um they're just
[01:48:03.840 --> 01:48:12.800]  the servicing company and that leanin brothers owns the loan okay but they're not around that
[01:48:14.480 --> 01:48:19.280]  okay they they're just a servicing company then they don't have any authority to foreclose
[01:48:19.280 --> 01:48:27.680]  exactly so now if they have admitted that then they're statutorily stopped or
[01:48:27.680 --> 01:48:33.200]  collaterally stopped from claiming authority to foreclose i had that letter
[01:48:34.480 --> 01:48:39.120]  i had that letter though with me when there is money you have a letter where they claim
[01:48:39.120 --> 01:48:43.680]  they're only the servicing company yes and they tell them they remember they're subject to
[01:48:43.680 --> 01:48:51.760]  subject to collateral to stop okay you need to look there's some cases on service companies
[01:48:51.760 --> 01:48:56.080]  servicing companies try to foreclose and the courts have held they don't have an interest
[01:48:56.080 --> 01:49:03.760]  in the property they have no standing okay you need to go after these guys personally
[01:49:05.120 --> 01:49:13.280]  okay this is criminal you know carlos if i could come there and move to foreclose on your property
[01:49:13.280 --> 01:49:21.680]  the same as these guys did how would i be any different exactly exactly so you might look
[01:49:21.680 --> 01:49:28.000]  at starting the criminal process against these guys and you might you might not remember but i've
[01:49:28.000 --> 01:49:35.680]  seen you in the san diego area and i saw you the uh the uh the uh the original note on my second
[01:49:35.680 --> 01:49:40.720]  mortgage that it was endorsed by leanin brothers they paid to the auto leanin brothers four times
[01:49:40.720 --> 01:49:47.600]  and they sent it to me because right off the bat when i acquired the property i paid it off and
[01:49:47.600 --> 01:49:53.360]  they sent me the note i mean i guess they made a mistake or it does just uh a regular routine
[01:49:57.440 --> 01:50:02.560]  do you see what i mean leanin you paid this property off oh then you got an insurance
[01:50:02.560 --> 01:50:09.360]  only the second mortgage okay you paid the second mortgage off yes and and they sent me
[01:50:09.360 --> 01:50:14.160]  that's always the wrong one because the second mortgage can't move ahead when the first one's
[01:50:14.160 --> 01:50:24.640]  standing okay but i don't does that go to both mortgages or are just the second same same same
[01:50:24.640 --> 01:50:32.480]  same uh servicing company with uh with i had an 80 20 they paid off my 20 oh okay that's what i did
[01:50:32.480 --> 01:50:43.440]  but the it is the servicing company who's moving to foreclose and not the lender or the alleged
[01:50:43.440 --> 01:50:51.920]  holder of the security instrument exactly then move for quiet title as concerns this company
[01:50:51.920 --> 01:51:03.280]  that that will be a whole lot easier to get than quiet title in general okay but go look at
[01:51:03.280 --> 01:51:08.880]  the court record if they don't have it that the um registrar's office if they hadn't filed the
[01:51:08.880 --> 01:51:14.800]  appropriate paperwork then you can get the judge to rules that the paperwork that's in there is
[01:51:14.800 --> 01:51:21.120]  false and that'll cost the legs right out from under them because the only thing the court can
[01:51:21.120 --> 01:51:29.680]  look at to find their standing is the court record is the registrar's records okay we need in there
[01:51:30.640 --> 01:51:40.240]  court can't grant them jurisdiction okay yeah there was a case in utah that um the attorney
[01:51:40.240 --> 01:51:46.320]  approached it uh you know attacking the uh the original original elements of the dealer trust
[01:51:46.320 --> 01:51:51.920]  and he sued the original elements of the dealer trust obviously nobody showed up and it was granted
[01:51:51.920 --> 01:52:02.160]  quiet title that easy i would like to see you said when you send me uh an email can you send me
[01:52:02.160 --> 01:52:10.080]  some particulars on that yes yes thank you um i'm claudio don't be don't be salty man i'm not carlos
[01:52:10.080 --> 01:52:19.040]  okay i wouldn't i would never call you carlos again okay uh yeah he's never calling carlos again
[01:52:19.040 --> 01:52:26.400]  right again okay i thought i called you claudio okay uh my apologies i didn't mean to insult you
[01:52:26.400 --> 01:52:34.000]  like that okay um i should i just get the um carlos uh my your email from carlos or you're
[01:52:34.000 --> 01:52:42.400]  going to give it to me now uh the website oh oh the oh randy at rivitiesinrealestate.com
[01:52:42.400 --> 01:52:46.880]  or randy at ruleoflawradio.com either want to work
[01:52:50.480 --> 01:52:57.760]  all right ready okay i'm going to look for that for that um that case and discovery okay we'll get
[01:52:57.760 --> 01:53:04.880]  it to you okay thank you thank you claudio we're going to go to terry in michigan now
[01:53:06.480 --> 01:53:13.120]  terry what do you've got for us tonight well last night show got me to thinking um it's been
[01:53:13.120 --> 01:53:18.640]  used in the michael mirris method and it works fantastic it's like following the script it just
[01:53:18.640 --> 01:53:26.080]  seemed to go right along and so far letters of work great with debt collectors from out of state
[01:53:26.080 --> 01:53:35.040]  and recently i've had a local attorney debt collector harassment and i demanded proof of debt
[01:53:35.680 --> 01:53:40.800]  and he just sent me copies of a a bill from someone else but no proof of debt
[01:53:42.000 --> 01:53:48.160]  and i got to thinking do you think it would help any to start file bar grievances against them
[01:53:48.160 --> 01:53:58.640]  oh that is always great fun you file bar grievances for entertainment that that it would help
[01:54:01.120 --> 01:54:07.200]  well it will it will jerk a knot in their shorts all of a sudden you become real expensive
[01:54:08.240 --> 01:54:13.920]  okay okay that's that's mainly what i want to know because uh after talking with michael i just
[01:54:13.920 --> 01:54:19.840]  said a thing to him about the bar grievances but um i feel like i say those letters have
[01:54:19.840 --> 01:54:26.800]  worked fantastic you know for the debt collectors that are out of state but being local they seem to
[01:54:27.520 --> 01:54:34.400]  want to pursue a little bit more and rather than taking them to court i would rather if i
[01:54:34.400 --> 01:54:42.480]  can file bar grievances and just oh the bar grievance so that'll increase their cost of
[01:54:42.480 --> 01:54:49.600]  dealing with you dramatically excellent excellent we have a number of people who filed the bar grievances
[01:54:49.600 --> 01:54:59.280]  and the attorneys get real excited yeah they can't mention it to you right well i i i had
[01:54:59.280 --> 01:55:04.800]  mentioned this to you before about uh i had a prosecutor that i couldn't get to work with me
[01:55:05.520 --> 01:55:10.080]  and file bar grievances and now it's like well i'll tell you they can't do enough for me
[01:55:10.080 --> 01:55:18.640]  me i remember that and i'm surprised because generally the prosecutors are you know since
[01:55:18.640 --> 01:55:25.760]  they're insured by the county uh i would have thought they weren't quite so sensitive but
[01:55:25.760 --> 01:55:32.640]  that's really good to hear i was gonna get because i suspect it's going to raise their
[01:55:32.640 --> 01:55:40.320]  bond rating yeah if it looks like they're going to get seen by individuals so that's uh that's
[01:55:40.320 --> 01:55:46.400]  really good to hear yeah it sounds like this will be fun uh i'd say with the with the debt
[01:55:46.400 --> 01:55:53.360]  collectors so far using uh michael merris's stuff it's it's actually fun i look forward
[01:55:53.360 --> 01:56:04.560]  to calling me we've got mark out of madison and i told him you sound like you are having
[01:56:04.560 --> 01:56:11.760]  entirely too much fun and he assured me that he was he had gotten rid of all of his credit cards
[01:56:11.760 --> 01:56:17.600]  and gotten them to pay him to go away and he was out of credit cards and he was seeking to go and
[01:56:17.600 --> 01:56:25.360]  getting some more just so he could have some more fun with him i i i know we don't we don't suggest
[01:56:25.360 --> 01:56:32.560]  that but you know that if you deliberately go get him just so you can do that to him that's kind
[01:56:32.560 --> 01:56:46.640]  of shady well it is but not like they don't deserve it yeah that's true so uh have you
[01:56:46.640 --> 01:56:51.680]  went through a number of cards so far you've had this work for you well i haven't gotten into court
[01:56:51.680 --> 01:57:02.720]  yet but i've had um i had what's i sent a notice of pending sue um all of a sudden i looked at my
[01:57:02.720 --> 01:57:10.480]  credit report and it was completely wiped off my credit report and i had another one where i had
[01:57:10.480 --> 01:57:19.600]  um filed a dispute almost a year ago and sent them a letter of notice of pending lawsuit
[01:57:19.600 --> 01:57:28.880]  and now all of a sudden they marked my account in dispute so michael says that that's them
[01:57:28.880 --> 01:57:35.120]  admitting that they've done wrong so once they do take him into court he said it's you know
[01:57:35.120 --> 01:57:42.960]  how are they going to defend that exactly when they should have done it a year ago and you get to claim
[01:57:44.080 --> 01:57:50.960]  three thousand bucks a month well i'm charging them i'm charging them a thousand dollars a day
[01:57:51.920 --> 01:57:57.760]  for each report because uh every day it's in there it hasn't been corrected
[01:57:57.760 --> 01:58:08.160]  well isn't there statutory limits on what you can claim i don't know yet but i i think you're
[01:58:08.160 --> 01:58:15.680]  all right it's actually a thousand dollars total but uh my cash you charge a thousand each
[01:58:16.960 --> 01:58:21.680]  and then let the jury sort it out and they never want to get to the jury and have the jury sort
[01:58:21.680 --> 01:58:26.880]  anything out yeah that's where you get it you can charge anything you want to and you can tell them
[01:58:26.880 --> 01:58:32.400]  you know we'll see what a jury has to say about it yeah okay thank you terry we are out of time
[01:58:33.200 --> 01:58:38.560]  thank you this is randy kelton debor steven's eddie craig rule of law radio thank you for listening
[01:58:38.560 --> 01:58:45.760]  to our four hour marathon eddie and deborah be back monday on eddie's traffic show and i'll be back
[01:58:45.760 --> 01:58:53.200]  thursday and friday thank you for listening this is rule of law radio and we'll be back monday
[01:58:53.200 --> 01:59:03.920]  have a good night folks thanks for listening
[01:59:23.200 --> 01:59:44.400]  i'm
[01:59:53.200 --> 01:59:58.200]  You better change the rules.