ROL_2011-06-23_16k.timecode

[00:09.460 --> 00:13.060]  than two months for criticizing Chinese government repression.
[00:13.060 --> 00:16.820]  Ai is still under investigation for alleged economic crimes.
[00:16.820 --> 00:21.140]  The artist said he'd been told not to speak to the media as a condition of his release,
[00:21.140 --> 00:25.820]  raising new questions about the arbitrary, often extra-legal methods used to silence
[00:25.820 --> 00:29.260]  Communist Party critics.
[00:29.260 --> 00:34.820]  Syrian troops in armored vehicles swept through villages along the Turkish border Thursday.
[00:34.820 --> 00:40.180]  Soldiers drove through the village of Khabur-al-Juz, less than half a mile from Turkey.
[00:40.180 --> 00:44.980]  There were unconfirmed reports that forces were firing machine guns randomly in the nearby
[00:44.980 --> 00:46.620]  village of Manag.
[00:46.620 --> 00:52.540]  The Turkish Red Crescent said 600 refugees crossed over from Syria to escape the latest
[00:52.540 --> 00:55.100]  assault.
[00:55.100 --> 00:59.940]  nuclear specialist Matthew Bahn said this week global action is urgently needed to protect
[00:59.940 --> 01:02.940]  nuclear power plants against terrorist attacks.
[01:02.940 --> 01:08.500]  Bahn said both Al Qaeda and Chechen terrorist groups have repeatedly considered sabotaging
[01:08.500 --> 01:14.460]  nuclear reactors, adding Fukushima provided a compelling example of the scale of terror
[01:14.460 --> 01:16.140]  such an attack might cause.
[01:16.140 --> 01:21.500]  Bahn said the next big radioactive release could happen on purpose.
[01:21.500 --> 01:26.700]  In a lawsuit filed Wednesday, Michigan citizens are asking that the state's emergency manager
[01:26.700 --> 01:29.300]  law be declared unconstitutional.
[01:29.300 --> 01:33.980]  The local government and school district fiscal accountability act allows the governor to
[01:33.980 --> 01:39.700]  appoint emergency managers to take over local units of government by our elected officials,
[01:39.700 --> 01:44.620]  sell off or privatize community assets, and even dissolve whole cities.
[01:44.620 --> 01:49.860]  According to the law's criteria for state intervention, 75 percent of Michigan communities
[01:49.860 --> 01:52.700]  could be subjected to emergency managers.
[01:52.700 --> 01:58.420]  All of the municipalities taken over so far have been working-class African-American communities.
[01:58.420 --> 02:03.460]  The measure, which supporters have referred to as, quote, the financial martial law, was
[02:03.460 --> 02:08.360]  rushed through the Republican-controlled legislature this spring, allegedly to protect against
[02:08.360 --> 02:10.140]  municipal bankruptcies.
[02:10.140 --> 02:15.180]  In April, emergency manager Joe Harris used his new powers to strip the Benton Harbor
[02:15.180 --> 02:22.020]  City Commission of all decision-making power, plaintiff's attorney John Philos said, quote,
[02:22.020 --> 02:25.980]  this is an infringement on basic democracy.
[02:25.980 --> 02:30.460]  Ryan Cleary, the British teenager arrested on suspicion of launching cyber attacks on
[02:30.460 --> 02:35.940]  the CIA and the U.S. Senate, could be extradited to face justice in the U.S., where computer
[02:35.940 --> 02:39.060]  hacking carries jail terms of up to 10 years.
[02:39.060 --> 02:43.780]  Cleary is being questioned at a London police station over a string of attacks claimed to
[02:43.780 --> 02:46.340]  be by the hacking group LulzSec.
[02:46.340 --> 02:50.140]  Police sources said because he was allegedly committing an offense against a U.K.-based
[02:50.140 --> 02:54.660]  Web site at the time he was arrested, he would have to be tried in a British court.
[02:54.660 --> 02:59.060]  However, once he had been dealt with by the British legal system, he could face extradition
[02:59.060 --> 03:00.060]  to the U.S.
[03:00.060 --> 03:10.620]  For more details on these stories, visit INNWorldReport.net.
[03:10.620 --> 03:17.060]  You are listening to the Rule of Law Radio Network at RuleOfLawRadio.com, live, free
[04:10.620 --> 04:40.580]  All right, bad boys, bad boys.
[04:40.580 --> 04:48.100]  What are you going to do when we come for you here on the Rule of Law, RuleOfLawRadio.com?
[04:48.100 --> 04:53.740]  Tonight is Thursday, June 23rd, 2011.
[04:53.740 --> 04:55.700]  I am Debra Stevens.
[04:55.700 --> 05:01.500]  I am here with, of course, Randy Kelton and Eddie Craig.
[05:01.500 --> 05:03.980]  We are going to be taking your calls tonight.
[05:03.980 --> 05:10.700]  Folks, I'm sorry, the call board got really, really stacked up on Monday night, and there
[05:10.700 --> 05:14.220]  was about three or four calls that we were not able to get to.
[05:14.220 --> 05:17.700]  And of course, there was no calls at all for the first hour.
[05:17.700 --> 05:26.040]  So folks, listen, if you all want to get in, please get on the board now, 512646 1984.
[05:26.040 --> 05:30.360]  There was Mitchell and some others that we were not able to get to, so please get in
[05:30.360 --> 05:31.360]  right now.
[05:31.360 --> 05:33.260]  We've got two hours tonight.
[05:33.260 --> 05:37.620]  We will have our four-hour info marathon on Friday night.
[05:37.620 --> 05:43.800]  And while we are waiting for calls to take the board, Randy, you had some announcements
[05:43.800 --> 05:45.300]  to make.
[05:45.300 --> 05:51.020]  Yes, I have been working on the bar grievance questionnaire.
[05:51.020 --> 06:02.980]  I have taken the American Bar Association standard, American Bar Association model standards,
[06:02.980 --> 06:09.180]  and have went down through them, and I'm changing them into a questionnaire.
[06:09.180 --> 06:18.580]  Now you should be able to find it at bargrievance.net under, I don't have a, I think I have a link
[06:18.580 --> 06:20.580]  on the front page.
[06:20.580 --> 06:29.540]  You can just go to the front page of bargrievance.net, and you'll see a link to the questionnaire.
[06:29.540 --> 06:32.680]  I'm trying to go there now and look at it.
[06:32.680 --> 06:37.740]  You can click on the link and see what I'm doing.
[06:37.740 --> 06:41.100]  It's American Bar Association questionnaire.
[06:41.100 --> 06:57.800]  It's bargrievanceb-a-r-g-r-i-e-v-a-n-c-e.net, and you click on American Bar Association questionnaire,
[06:57.800 --> 07:00.940]  and you'll see a list of questions.
[07:00.940 --> 07:11.020]  Now the question itself is taken from as near the wording of the code as I could get it.
[07:11.020 --> 07:15.900]  For instance, the first one says, did your attorney provide representation that demonstrated
[07:15.900 --> 07:21.760]  the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the
[07:21.760 --> 07:24.800]  representation of your case?
[07:24.800 --> 07:33.740]  If you move your cursor over the question, a pop-up box will jump up that has the actual
[07:33.740 --> 07:35.660]  code in it.
[07:35.660 --> 07:41.980]  A lawyer, it's rule 1.1, a lawyer shall provide competent representation to a client.
[07:41.980 --> 07:49.660]  Competent representation requires that the knowledge, skill, thoroughness, and preparation
[07:49.660 --> 07:56.620]  be reasonably, requires the, ugh, anyway, read it.
[07:56.620 --> 07:57.620]  You'll see.
[07:57.620 --> 08:04.660]  It says, did the lawyer consult with you as to the means by which your objectives were
[08:04.660 --> 08:05.660]  to be pursued?
[08:05.660 --> 08:16.180]  And it will pop up a rather large section of code, and that section of code has everything
[08:16.180 --> 08:19.020]  whited out that doesn't apply to this one.
[08:19.020 --> 08:24.140]  It says a lawyer shall abide by a client's decision rather to settle a matter.
[08:24.140 --> 08:32.220]  What this will allow you to do is simply walk down the questions, and if a question doesn't
[08:32.220 --> 08:38.100]  apply to you, keep going until you come to a question that applies to your issue or what
[08:38.100 --> 08:39.380]  you're doing.
[08:39.380 --> 08:49.380]  Right now I don't have them numbered, and I don't have the input fields put into them.
[08:49.380 --> 08:54.380]  Once I finish getting the questionnaire complete, then I'll go in, and at the end of each one
[08:54.380 --> 09:04.500]  of these, I'll put in a text area where if you, if one of them is appropriate, then you
[09:04.500 --> 09:11.100]  just click on the test area and explain why it's appropriate and what the system will
[09:11.100 --> 09:14.020]  do.
[09:14.020 --> 09:22.140]  Actually what this allows you to do is make your complaint in the verbiage of the standards
[09:22.140 --> 09:24.460]  themselves.
[09:24.460 --> 09:29.980]  There are a lot of things that we may want to complain about about an attorney.
[09:29.980 --> 09:35.780]  Some of those things may be violations of the standards and some may not.
[09:35.780 --> 09:42.780]  If you go down the standards and you don't find your issue, then your issue is probably
[09:42.780 --> 09:46.460]  not something that goes to one of the standards.
[09:46.460 --> 09:54.420]  So it may be something you can complain about, but not something you could legitimately file
[09:54.420 --> 09:56.940]  a grievance about.
[09:56.940 --> 10:02.300]  It'll help you in that way to let you know what could be subject to filing a grievance
[10:02.300 --> 10:04.940]  and what is not.
[10:04.940 --> 10:12.540]  And it will also allow you to construct a grievance that's right out of their own code,
[10:12.540 --> 10:20.140]  and as much as possible written in the language of the code as closely as we can.
[10:20.140 --> 10:26.020]  When I get the rest of this done, and if you go down through this you'll see it's a rather
[10:26.020 --> 10:27.580]  large project.
[10:27.580 --> 10:30.780]  I'm about two-thirds of the way through.
[10:30.780 --> 10:34.900]  If you move down it you can tell where I ran out, where I stopped, because you'll stop
[10:34.900 --> 10:39.860]  getting pop-up boxes and you'll see the actual code.
[10:39.860 --> 10:46.380]  The way I'm doing this is I have the code itself, and I go down the code and read a
[10:46.380 --> 10:57.740]  piece of the code, turn the statute into a question, and like I'm on rule 3.5, impartiality
[10:57.740 --> 11:01.180]  and decorum of the tribunal, that's where I stopped at.
[11:01.180 --> 11:08.820]  And the code says, a lawyer shall not, A, seek to influence a judge, juror, prospective
[11:08.820 --> 11:14.220]  juror, or other official by means prohibited by law.
[11:14.220 --> 11:19.980]  What I'll do is look at that and then I'll put in, did the lawyer seek to influence a
[11:19.980 --> 11:26.220]  judge, juror, prospective juror, or other official by means prohibited by law?
[11:26.220 --> 11:28.620]  I'll put that in as a question.
[11:28.620 --> 11:34.100]  And then I'll select that section of code, cut it out, and stick it in a pop-up box.
[11:34.100 --> 11:40.340]  Randy, how are people going to know if they did that in violation of law or not?
[11:40.340 --> 11:48.780]  Well, generally, as I develop this, if you have an idea that they did something like
[11:48.780 --> 11:54.860]  this and you click, I'll have a checkbox, you click yes, then it will open up a section
[11:54.860 --> 12:02.340]  that will list all of the things of this nature that an attorney has been sanctioned for by
[12:02.340 --> 12:05.060]  the bar.
[12:05.060 --> 12:09.060]  And it will have stuff in there you never thought of.
[12:09.060 --> 12:15.500]  The reason for going down the code this way is in here you'll find questions that go to
[12:15.500 --> 12:20.940]  issues that you wouldn't have thought you could have filed a grievance over.
[12:20.940 --> 12:26.860]  And then once you select them, these are really, this is the basic, this is the basic code
[12:26.860 --> 12:27.860]  itself.
[12:27.860 --> 12:37.780]  Once I get the code finished, then we'll go down through, I have a very well-written book
[12:37.780 --> 12:43.060]  on malpractice suits for attorneys, legal malpractice.
[12:43.060 --> 12:49.140]  I'll go through it and put in all of the issues that are in there that attorneys have been
[12:49.140 --> 12:51.500]  sued for.
[12:51.500 --> 12:57.720]  And then we'll go look at all of the bar grievances that's been handed down and take the grievance
[12:57.720 --> 13:01.760]  and drop it in the section that it applies to.
[13:01.760 --> 13:08.420]  So when you click on one and say, yeah, they did this, it'll jump to another page that
[13:08.420 --> 13:16.240]  will open up a set of questions about things that they've done under that particular heading.
[13:16.240 --> 13:21.220]  And it will list the things that attorneys have been sanctioned for.
[13:21.220 --> 13:24.160]  We'll actually ask questions, did they do this?
[13:24.160 --> 13:28.980]  And then we'll show, when we ask the question, it'll pop up the sanction that the attorney
[13:28.980 --> 13:30.640]  got.
[13:30.640 --> 13:36.240]  So you can read what they've been hammered for and it will give you a very good idea
[13:36.240 --> 13:44.200]  of what attorneys get beat up for and how the bar structures their sanctions when they
[13:44.200 --> 13:45.200]  file it.
[13:45.200 --> 13:49.900]  It'll give you a much better idea of how to write your complaint in a way that will make
[13:49.900 --> 13:53.440]  it more compelling.
[13:53.440 --> 14:00.740]  Once we have this up, we will be able to produce some very well-structured grievances.
[14:00.740 --> 14:06.580]  Because when you select sections, once I have all of this set up, then we'll go to the back
[14:06.580 --> 14:13.900]  side and tell the database, if they select this particular one, then put this paragraph
[14:13.900 --> 14:22.260]  into the grievance and it'll just walk down the questionnaire that way.
[14:22.260 --> 14:27.080]  And some of them, if you select this one, then ask these set of questions and put this
[14:27.080 --> 14:33.480]  set of information in, put references to these bar grievances in, so the system will write
[14:33.480 --> 14:43.360]  the grievance for you using your input to fill in the blank spaces.
[14:43.360 --> 14:45.420]  This is going to be a lot of fun.
[14:45.420 --> 14:49.820]  We are going to get a lot of attorney's attention.
[14:49.820 --> 14:55.820]  And when you're finished with it, it will send you a printable copy that all you have
[14:55.820 --> 15:01.220]  to do is download it, print it, cite it, and send it.
[15:01.220 --> 15:07.580]  It will also save a copy on my website with the title of the page, the name of the attorney,
[15:07.580 --> 15:10.260]  and the attorney's law firm.
[15:10.260 --> 15:15.180]  And you said also there's going to be an option for people where they can either have their
[15:15.180 --> 15:21.780]  name and address public on the site or it will just redact some of that information
[15:21.780 --> 15:28.300]  so that people can still see the grievance but not have their own information per public.
[15:28.300 --> 15:37.360]  The option will be that if you don't want your name published, then the grievance itself
[15:37.360 --> 15:44.280]  will not be on the site because it would be improper for us to put the grievance up there
[15:44.280 --> 15:49.260]  and not give an attorney an opportunity to look at the grievance and say, hey, I didn't
[15:49.260 --> 15:50.260]  do this.
[15:50.260 --> 15:58.700]  We will put up a blog site where an attorney who sees one of these grievances can go on
[15:58.700 --> 16:01.500]  and post his side of the issue.
[16:01.500 --> 16:02.500]  That's only fair.
[16:02.500 --> 16:03.500]  Right.
[16:03.500 --> 16:11.660]  And so what folks can do is they can get themselves a private P.O. box, which actually has a physical
[16:11.660 --> 16:16.620]  street address or just get a P.O. box and so that way if you want your bar grievance
[16:16.620 --> 16:22.200]  put up on Randy's site, then you just use your P.O. box instead of your home address
[16:22.200 --> 16:25.980]  and that way you keep your information private.
[16:25.980 --> 16:27.540]  That wouldn't be unfair to the attorney.
[16:27.540 --> 16:28.540]  Oh, no.
[16:28.540 --> 16:32.420]  I use a private P.O. box on all of my court documents, Randy.
[16:32.420 --> 16:40.060]  I have a private P.O. box and I use that for every court document that I file.
[16:40.060 --> 16:45.740]  And that way I could put my bar grievances on your site and then people would not know
[16:45.740 --> 16:47.700]  what my personal address is.
[16:47.700 --> 16:49.940]  But the attorney still gets a chance to respond.
[16:49.940 --> 16:51.660]  So that is perfectly fair.
[16:51.660 --> 16:52.660]  Yeah.
[16:52.660 --> 16:55.660]  The attorney would have to know who it is so he knows how to respond.
[16:55.660 --> 16:56.660]  Yeah.
[16:56.660 --> 16:57.660]  So you just use your private P.O.
[16:57.660 --> 16:58.660]  box for everything.
[16:58.660 --> 16:59.660]  OK.
[16:59.660 --> 17:00.660]  We'll be right back.
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[17:27.980 --> 17:32.480]  We're on the west side of Burnet Road in the Stanley Insurance building on the ground floor
[17:32.480 --> 17:35.540]  next to the issue on sushi and the genie car wash.
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[17:45.140 --> 17:49.580]  Oh, ask for Chad or Becky and say that you heard about us on rule of law radio or Texas
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[18:00.460 --> 18:05.780]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
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[18:41.260 --> 18:45.820]  For more information, please visit Rule of Law Radio dot com and click on the blue Michael
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[18:49.820 --> 18:57.420]  That's Rule of Law Radio dot com or email M I C H A E L M I R R A S at Yahoo dot com
[18:57.420 --> 19:11.380]  to learn how to stop debt collectors now.
[19:11.380 --> 19:38.780]  OK, we're back, Randy Kelton, Deborah Stevens, Eddie Craig.
[19:38.780 --> 19:40.660]  OK, we are back.
[19:40.660 --> 19:46.860]  Randy Kelton, Eddie Craig, Deborah Stevens, and we are taking your calls and we wanted
[19:46.860 --> 19:51.660]  to clarify situation here real quick.
[19:51.660 --> 19:53.060]  The situation has been changing.
[19:53.060 --> 19:58.500]  We've been talking about this for a few months, but now we we squared it away on the break.
[19:58.500 --> 20:03.820]  What Randy has decided is that he will post a bar grievance on the website with just the
[20:03.820 --> 20:10.780]  name only and he'll redact your phone number and address because the attorneys already
[20:10.780 --> 20:15.300]  have that information when because when you file the bar grievance, they get a copy of
[20:15.300 --> 20:20.700]  it and they will already have that information, but he won't post it without your name.
[20:20.700 --> 20:28.620]  And also, and I still think it is a wonderful idea for people to get a private P.O. box,
[20:28.620 --> 20:34.260]  which means that you actually have a street address and folks, the 1516 South Lamar number
[20:34.260 --> 20:35.580]  12.
[20:35.580 --> 20:36.580]  That's what that is.
[20:36.580 --> 20:43.640]  That is a business that hosts mailboxes, but they have street address.
[20:43.640 --> 20:49.660]  It's a street address with a number so that I can receive FedEx's and and UPS and stuff
[20:49.660 --> 20:54.620]  like that because you can't send FedEx and UPS to a P.O. box per se.
[20:54.620 --> 21:01.180]  And so I highly recommend finding a business which hosts private mailboxes like that so
[21:01.180 --> 21:08.660]  that you use that address on all your court documents, on your bar grievances, on everything,
[21:08.660 --> 21:12.860]  because you've got to remember, especially with the court documents, all that information
[21:12.860 --> 21:14.180]  is public record.
[21:14.180 --> 21:18.140]  And so somebody can get on pacer, they can they can go down to the courthouse.
[21:18.140 --> 21:23.940]  And so if you don't want your personal information being public like that in public records,
[21:23.940 --> 21:26.780]  use a private P.O. box so you can even do that.
[21:26.780 --> 21:32.980]  And then you can have that information on Randy's site or Randy will redact the address
[21:32.980 --> 21:36.900]  and the phone number and just have your name, but he won't post it without the name.
[21:36.900 --> 21:41.900]  Yes, yes, I misunderstood where she was going before the break.
[21:41.900 --> 21:48.860]  Yeah, I don't have any problem not posting contact information for the person who fills
[21:48.860 --> 21:55.660]  out the complaint, but I do have to have a name because I'm posting a complaint against
[21:55.660 --> 22:03.420]  another person and that person needs to know how to rebut whatever accusation is made.
[22:03.420 --> 22:10.460]  It would be unfair to say bad things about someone and not give them the opportunity
[22:10.460 --> 22:11.460]  to defend themselves.
[22:11.460 --> 22:13.860]  And besides, that could be a lot of trouble.
[22:13.860 --> 22:14.860]  OK.
[22:14.860 --> 22:19.780]  So if so long as your name's up there, it's easy enough, because the system will produce
[22:19.780 --> 22:26.100]  the document, the document it sends to you, it'll merge your name and address into.
[22:26.100 --> 22:31.220]  The document it puts on the web, it won't merge that information in.
[22:31.220 --> 22:33.180]  So that won't be a problem at all.
[22:33.180 --> 22:35.140]  OK, we are going to calls now.
[22:35.140 --> 22:37.420]  We've got first Jim in Washington.
[22:37.420 --> 22:39.860]  Jim, thank you for calling in.
[22:39.860 --> 22:41.860]  This is the rule of law.
[22:41.860 --> 22:43.180]  What is your question for us tonight?
[22:43.180 --> 22:44.180]  Hi, how are you?
[22:44.180 --> 22:53.620]  My question is, in our town, we have a problem with the police stopping and searching young
[22:53.620 --> 22:58.460]  teenagers, not young teenagers, but teenagers and young adults without any probable cause
[22:58.460 --> 23:00.100]  or any reason.
[23:00.100 --> 23:07.740]  I was wondering how I can handle that and get it stopped.
[23:07.740 --> 23:08.900]  What state are you in?
[23:08.900 --> 23:10.900]  Washington state.
[23:10.900 --> 23:11.900]  OK.
[23:11.900 --> 23:19.380]  Best way I know how to do that is start filing criminal charges against the police for false
[23:19.380 --> 23:20.380]  imprisonment.
[23:20.380 --> 23:21.380]  OK.
[23:21.380 --> 23:24.780]  Every time you do that, file it now.
[23:24.780 --> 23:28.580]  The courts are not going to want to pursue the complaint.
[23:28.580 --> 23:34.020]  And if your purpose is to get this stopped, that's a great purpose.
[23:34.020 --> 23:39.700]  So you've created this complaint, and you go down there and you jump up on your high
[23:39.700 --> 23:47.140]  horse and you rail in righteous indignation, I want these people prosecuted, I want them
[23:47.140 --> 23:52.780]  in jail, I want them run out of the business, and you don't want any such thing.
[23:52.780 --> 23:55.460]  You want this fixed.
[23:55.460 --> 23:58.540]  If you want them in jail, you want them run out of the business, you're going to be terribly
[23:58.540 --> 24:00.500]  disappointed.
[24:00.500 --> 24:06.660]  But if you want this fixed, and you go down there and you become a very squeaky wheel,
[24:06.660 --> 24:13.700]  and you start doing things that could potentially get out of hand on these guys, because when
[24:13.700 --> 24:21.060]  you start filing complaints, and if you listen to the due process presentations we do about
[24:21.060 --> 24:29.580]  how to use the prosecuting attorney, about how to file with a magistrate, when the magistrate
[24:29.580 --> 24:35.300]  doesn't do anything, you file with the prosecutor, when he doesn't do anything, when you file
[24:35.300 --> 24:41.980]  with the prosecutor against the magistrate, and you charge the magistrate criminally for
[24:41.980 --> 24:47.340]  not doing his job, and when the prosecutor doesn't, you go find the highest judge you
[24:47.340 --> 24:53.260]  can find and file criminal charges against the prosecutor, for him shielding these people
[24:53.260 --> 24:58.420]  from prosecution and obstruction of justice and all these horrible crimes.
[24:58.420 --> 25:03.580]  And when the judge refuses to act, you come back to the grand jury with criminal charges
[25:03.580 --> 25:09.700]  against the judge for shielding the prosecutor from prosecution, and whoever started all
[25:09.700 --> 25:14.420]  of this, they're going to be in big trouble.
[25:14.420 --> 25:18.300]  This is how we create politics.
[25:18.300 --> 25:25.340]  Don't expect to get anybody prosecuted, but you create a political pressure, you create
[25:25.340 --> 25:32.160]  a threat against all of them that could possibly get out of hand, especially when you hammer
[25:32.160 --> 25:36.500]  the highest judge around, he's going to be real upset, and he's going to read these guys
[25:36.500 --> 25:39.220]  the riot act, and that way we can get it fixed.
[25:39.220 --> 25:40.780]  Does that make sense to you?
[25:40.780 --> 25:43.460]  Yes, absolutely, and I've heard that before.
[25:43.460 --> 25:48.020]  My question is, another couple questions is, I don't have to be the one being searched
[25:48.020 --> 25:50.460]  to press these charges, do I?
[25:50.460 --> 25:52.220]  No, you do not.
[25:52.220 --> 25:53.220]  Okay.
[25:53.220 --> 25:54.900]  This is a due process violation.
[25:54.900 --> 25:56.380]  These are your laws they're violating.
[25:56.380 --> 25:57.380]  Okay.
[25:57.380 --> 25:59.940]  You have knowledge that a crime has been committed.
[25:59.940 --> 26:04.340]  If you don't report that knowledge, then you potentially commit a crime.
[26:04.340 --> 26:05.340]  Okay.
[26:05.340 --> 26:10.660]  And the other question is, at what point do these people have to submit to a search?
[26:10.660 --> 26:14.620]  Say they're just walking up the street in this situation.
[26:14.620 --> 26:17.740]  The other night, the police pulled up and said there'd been burglaries in the area,
[26:17.740 --> 26:25.860]  which I'm pretty sure is a bunch of hooey, and then proceeded to search them.
[26:25.860 --> 26:29.120]  You never consent to a search, never.
[26:29.120 --> 26:30.980]  I don't believe they were asked.
[26:30.980 --> 26:31.980]  It does.
[26:31.980 --> 26:32.980]  Okay.
[26:32.980 --> 26:33.980]  Look, here's the thing.
[26:33.980 --> 26:36.180]  Harmon Taylor and I have had long discussions about this.
[26:36.180 --> 26:38.340]  They're not going to ask you.
[26:38.340 --> 26:40.260]  That's the trick, okay?
[26:40.260 --> 26:47.500]  In order to establish for a subsequent lawsuit that you did not consent, you have to verbally
[26:47.500 --> 26:51.420]  tell them, I do not consent to this.
[26:51.420 --> 26:53.340]  It doesn't matter if they ask you or not.
[26:53.340 --> 27:00.340]  You have to make it clear that you do not consent to the search, period, or else later
[27:00.340 --> 27:04.700]  in a lawsuit, they could come back and say, well, I started to search them, and they didn't
[27:04.700 --> 27:08.700]  say they didn't consent, and so silence equals consent.
[27:08.700 --> 27:09.700]  Okay.
[27:09.700 --> 27:13.700]  So the only time you have to really consent to a search is if you're under arrest.
[27:13.700 --> 27:16.300]  Is that not correct?
[27:16.300 --> 27:18.260]  You don't have to consent even then.
[27:18.260 --> 27:21.460]  I would just always verbalize that you don't consent to any of this.
[27:21.460 --> 27:26.500]  I would verbalize non-consent every step of the way, and when they say, well, we're going
[27:26.500 --> 27:29.580]  to do it anyway, then you say, well, then you're going to do whatever you want because
[27:29.580 --> 27:35.620]  you've got the guns and you're the cops, but I am going to verbalize that I do not consent
[27:35.620 --> 27:37.900]  to this for the sake of the record.
[27:37.900 --> 27:38.900]  Okay.
[27:38.900 --> 27:39.900]  Okay.
[27:39.900 --> 27:46.620]  If these are teenagers or younger people, tell them, do not argue with the police.
[27:46.620 --> 27:47.620]  Yeah.
[27:47.620 --> 27:48.620]  You don't have to argue with them.
[27:48.620 --> 27:49.820]  You just tell them you don't consent.
[27:49.820 --> 27:51.340]  That's all.
[27:51.340 --> 27:52.340]  Yeah.
[27:52.340 --> 27:57.020]  Tell them, you know, that, you know, I'm not trying to be difficult, but in order to protect
[27:57.020 --> 28:00.060]  my position, you need to know I don't consent to this.
[28:00.060 --> 28:03.380]  I'm not going to resist you, but I don't consent.
[28:03.380 --> 28:04.380]  Okay.
[28:04.380 --> 28:06.840]  And do it politely.
[28:06.840 --> 28:09.420]  It's harder on the police if you're polite to them.
[28:09.420 --> 28:12.740]  It makes things more difficult for them.
[28:12.740 --> 28:19.780]  And if they get the opportunity, always ask the police why they're getting agitated.
[28:19.780 --> 28:23.500]  Because any time you say something a police officer doesn't like, he'll say, why are you
[28:23.500 --> 28:25.140]  getting agitated?
[28:25.140 --> 28:29.460]  And then he'll go to court and testify that you were getting agitated.
[28:29.460 --> 28:35.980]  So first thing you do if the policeman sounds gruff or demanding, ask him why he's getting
[28:35.980 --> 28:36.980]  agitated.
[28:36.980 --> 28:39.580]  And that'll keep him from doing it to you.
[28:39.580 --> 28:40.580]  Okay.
[28:40.580 --> 28:46.580]  In order for him to approach anybody on a public street and search them, he has to have
[28:46.580 --> 28:48.980]  articulatable probable cause.
[28:48.980 --> 28:55.300]  He has to have a reason for suspecting these individuals of being involved in these alleged
[28:55.300 --> 28:57.020]  burglaries.
[28:57.020 --> 29:02.780]  If they cannot articulate what their suspicion is of these particular people, then they're
[29:02.780 --> 29:04.780]  acting without lawful authority.
[29:04.780 --> 29:05.780]  Yeah.
[29:05.780 --> 29:12.340]  But if they can articulate, you know, we saw three teenagers in light clothing going in
[29:12.340 --> 29:13.340]  that direction.
[29:13.340 --> 29:14.340]  They have probable cause.
[29:14.340 --> 29:15.340]  Right.
[29:15.340 --> 29:16.340]  No, it wasn't a situation like that.
[29:16.340 --> 29:19.620]  And this is just let them know you don't agree, but don't fight it with them because they
[29:19.620 --> 29:20.620]  may be right.
[29:20.620 --> 29:21.620]  This is the sixth.
[29:21.620 --> 29:22.620]  They may be.
[29:22.620 --> 29:23.620]  And then they've used it.
[29:23.620 --> 29:28.380]  If a guy has just murdered somebody and he's walking away in the direction you went, you
[29:28.380 --> 29:33.660]  don't want the police to have their hands tied and not be able to catch the guy.
[29:33.660 --> 29:34.660]  Okay.
[29:34.660 --> 29:35.660]  Okay.
[29:35.660 --> 29:36.660]  One more.
[29:36.660 --> 29:37.660]  If I could.
[29:37.660 --> 29:38.660]  Is that it?
[29:38.660 --> 29:39.660]  I had one more.
[29:39.660 --> 29:41.660]  If I could stay over just a minute.
[29:41.660 --> 29:42.660]  Okay.
[29:42.660 --> 29:43.660]  Okay.
[29:43.660 --> 29:44.660]  We'll be about to go to break.
[29:44.660 --> 29:45.740]  We'll pick you up on the other side.
[29:45.740 --> 29:50.540]  This is Randy Calton, Deborah Stevens, Eddie Craig with radio.
[29:50.540 --> 29:55.780]  Our call in number is 512-646-1984.
[29:55.780 --> 29:59.900]  We'll be right back.
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[30:28.340 --> 30:29.340]  Why it matters.
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[31:55.900 --> 32:21.620]  More news and information at CatherineAlbrecht.com.
[32:21.620 --> 32:23.220]  Okay folks, we are back.
[32:23.220 --> 32:24.700]  This is the rule of law.
[32:24.700 --> 32:28.020]  Randy Kelton, Eddie Craig, Deborah Stevens.
[32:28.020 --> 32:30.980]  And we are speaking with Jim from Washington.
[32:30.980 --> 32:36.260]  We've also got Johnny from Texas, Brian from Minnesota, and Mitchell.
[32:36.260 --> 32:40.860]  Callers, if you'd like to call in, folks, the line is 512-646-1984.
[32:40.860 --> 32:44.180]  Okay, Jim, you had one more thing for us?
[32:44.180 --> 32:45.180]  What's your question?
[32:45.180 --> 32:46.180]  Yeah, I was just curious.
[32:46.180 --> 32:51.140]  Is it a good idea to ask them what they want to search for if they're telling you they
[32:51.140 --> 32:53.140]  want to search?
[32:53.140 --> 32:57.420]  Well, I guess you could ask them what their probable cause is.
[32:57.420 --> 32:58.980]  That's a great idea.
[32:58.980 --> 33:03.260]  You could ask them what their probable cause for the search is and what exactly it is they're
[33:03.260 --> 33:08.900]  searching for, because according to the Fourth Amendment, they have to state, they can't
[33:08.900 --> 33:13.260]  search without a warrant stating specifically what it is they're searching for, what papers
[33:13.260 --> 33:17.000]  they're looking for, or what it is they're looking for.
[33:17.000 --> 33:24.700]  What the case law says on a warrant is the warrant must be so specific such that the
[33:24.700 --> 33:32.600]  person exercising the warrant has no room to exercise discretion as to what he's looking
[33:32.600 --> 33:34.400]  for.
[33:34.400 --> 33:37.180]  So it's a great idea to ask them what they're looking for.
[33:37.180 --> 33:41.940]  If they say a bicycle, then they won't be crawling in your car.
[33:41.940 --> 33:42.940]  Okay.
[33:42.940 --> 33:48.660]  Well, how does that apply to unwarranted searches?
[33:48.660 --> 33:51.780]  Even so, same thing.
[33:51.780 --> 33:56.780]  They can only search for what they have probable cause to look for.
[33:56.780 --> 34:01.380]  So you ask them what their probable cause is and what it is they're looking for.
[34:01.380 --> 34:06.040]  And then they're not going to answer you, and then you just say, well, I don't consent
[34:06.040 --> 34:07.460]  to the search.
[34:07.460 --> 34:08.860]  Okay.
[34:08.860 --> 34:13.700]  But no matter what, you have to always verbalize that non-consent.
[34:13.700 --> 34:19.860]  Now sometimes, Harmon was saying that depending on the circumstance, even if you don't verbalize
[34:19.860 --> 34:27.740]  your non-consent, the non-consent is obvious by just the evidence of what happened.
[34:27.740 --> 34:31.420]  But like in the case of a search dog, if you're like, oh, what a cute little doggy.
[34:31.420 --> 34:34.340]  Yeah, come here, doggy, doggy, whatever.
[34:34.340 --> 34:39.480]  It depends on the situation, silence can be equated with non-consent.
[34:39.480 --> 34:43.460]  So to be safe, it's always best to verbalize non-consent.
[34:43.460 --> 34:44.460]  Okay.
[34:44.460 --> 34:50.500]  And the last thing is, is there any groups in Washington State that are doing what you're
[34:50.500 --> 34:54.820]  doing that could join or start?
[34:54.820 --> 35:00.980]  I don't know, but I have found a webmaster finally, and he's going to be working with
[35:00.980 --> 35:07.220]  us and we're going to revamp the entire ruleoflawradio.com website, and it's going to be a social networking
[35:07.220 --> 35:08.220]  website.
[35:08.220 --> 35:15.460]  We've had a forum at one point in time, and that didn't work out very well because I could
[35:15.460 --> 35:16.460]  not moderate it.
[35:16.460 --> 35:17.660]  I don't have the time.
[35:17.660 --> 35:19.140]  I'm not going to host a forum.
[35:19.140 --> 35:24.820]  I'm not even going to have a Yahoo forum if I can't moderate it because there's been situations
[35:24.820 --> 35:31.660]  of talk show hosts in the Patriot community where shills, government agents have got on
[35:31.660 --> 35:36.180]  and made bomb threats and threats on the president and things like this in their unmoderated
[35:36.180 --> 35:37.180]  forums.
[35:37.180 --> 35:40.540]  And then they get secret service calling all over their butts and trying to shut down the
[35:40.540 --> 35:41.540]  radio show.
[35:41.540 --> 35:46.380]  So I can't host a forum at all because I don't have a moderator and I don't have time to
[35:46.380 --> 35:47.380]  moderate.
[35:47.380 --> 35:52.000]  However, I do have a webmaster now and we're going to set this up as a social networking
[35:52.000 --> 35:55.760]  site and he'll be able to help me moderate posts and things like that.
[35:55.760 --> 36:01.740]  And so once that gets going, the listeners will be able to do social networking on ruleoflawradio.com.
[36:01.740 --> 36:06.940]  But that'll be a couple months or so before that gets going, maybe a month.
[36:06.940 --> 36:07.940]  Okay.
[36:07.940 --> 36:10.260]  Thank you very much for your help and thank you for all you do.
[36:10.260 --> 36:11.260]  All right.
[36:11.260 --> 36:12.260]  Thank you, Jim.
[36:12.260 --> 36:13.260]  All right.
[36:13.260 --> 36:15.620]  We are going now to Johnny in Texas.
[36:15.620 --> 36:17.480]  Johnny, thank you for calling in.
[36:17.480 --> 36:19.820]  What is your question for us tonight?
[36:19.820 --> 36:27.460]  Well, I'm calling in reference to some traffic citations that I got in one of Randy's favorite
[36:27.460 --> 36:29.940]  places, Johnson County.
[36:29.940 --> 36:37.460]  Well, first I want to address in the latter part of the last caller's questions with regard
[36:37.460 --> 36:40.120]  to consent and non-consent to a search.
[36:40.120 --> 36:45.060]  But one thing that I found anytime that I'm stopped or approached by a police officer,
[36:45.060 --> 36:50.380]  the first thing out of my mouth to them generally is I don't consent to talk to you unless it's
[36:50.380 --> 36:54.260]  on the record or is there a record of this contact being made.
[36:54.260 --> 36:59.460]  And that usually, just by the look on their face, they usually know that something's up.
[36:59.460 --> 37:04.780]  And if they want to search in the vehicle, I think the last caller was from Washington.
[37:04.780 --> 37:09.500]  I don't know what their rules are up there, but here in Texas we have the plain view rule.
[37:09.500 --> 37:15.740]  So if an officer starts alluding to, maybe he wants to search my car, I'll just tell
[37:15.740 --> 37:21.860]  him, is there anything that falls under the plain view rule to which you'd like access?
[37:21.860 --> 37:24.740]  If so, articulate it to me and I'll give it to you.
[37:24.740 --> 37:28.500]  And they usually stop the whole, we want to search your vehicle thing right then.
[37:28.500 --> 37:33.740]  So I just wanted to add that to, maybe that information could help the last caller.
[37:33.740 --> 37:39.260]  In my situation, I was stopped in Johnson County a few months back, received some traffic
[37:39.260 --> 37:42.380]  citations.
[37:42.380 --> 37:46.500]  And I won't go, there are a lot of details surrounding this and I know you guys, the
[37:46.500 --> 37:49.340]  time's short and you have a lot of callers, so I won't go into a lot of detail.
[37:49.340 --> 37:56.100]  But basically during the stop, when it got to the point that the officer wanted me to
[37:56.100 --> 38:01.020]  sign the traffic citation, I asked him, is this a contract?
[38:01.020 --> 38:02.740]  He said, no, it's not.
[38:02.740 --> 38:04.100]  He said, it's a written promise to appear.
[38:04.100 --> 38:07.180]  And I said, well, a written promise is a contract, correct?
[38:07.180 --> 38:11.060]  And he kind of fumbled around and I said, I don't want to sign this, I don't consent
[38:11.060 --> 38:12.060]  to sign it.
[38:12.060 --> 38:14.180]  So what's going to happen if I don't sign it?
[38:14.180 --> 38:16.060]  He said, well, I'm going to take you to jail.
[38:16.060 --> 38:18.340]  I said, well, will I have any choice about going with you?
[38:18.340 --> 38:19.740]  And he said, no.
[38:19.740 --> 38:22.940]  And I said, will you use any kind of force or violence if I resist?
[38:22.940 --> 38:25.420]  And he said, if I have to.
[38:25.420 --> 38:29.300]  I said, okay, based on that threat, I'll be signing it under threat and duress.
[38:29.300 --> 38:30.500]  He said, well, I didn't threaten you.
[38:30.500 --> 38:34.420]  And I said, you just told me if I don't sign it, if I don't sign this contract, you're
[38:34.420 --> 38:36.220]  going to take me to jail.
[38:36.220 --> 38:38.100]  And he kind of got real quiet.
[38:38.100 --> 38:44.860]  So I signed the citation and then I sent the court a notice, I basically approached the
[38:44.860 --> 38:53.860]  law side of the court, served the judge directly with a notice in my private capacity, touching
[38:53.860 --> 38:55.540]  on several things.
[38:55.540 --> 39:02.980]  Basically just told him, hey, it was a notice of reservation of rights, a notice of acceptance
[39:02.980 --> 39:09.020]  of oath, some of the facts surrounding the issuance of the citation, a waiver of the
[39:09.020 --> 39:15.940]  court service, basically a notice that I just declined to accept the, you know, the citation
[39:15.940 --> 39:21.460]  contract, that I don't grant the court any jurisdiction.
[39:21.460 --> 39:27.620]  And understand that this was, you know, this was a 34-page notice, not including all of
[39:27.620 --> 39:31.900]  the memorandums on case law and everything that were attached to it.
[39:31.900 --> 39:39.060]  I basically very clearly in a lot of detail with a lot of supporting case law articulated
[39:39.060 --> 39:45.220]  to the court, you know, what standing is, what the elements of standing are, that the
[39:45.220 --> 39:50.060]  officer, you know, in my understanding, the officer doesn't have any standing, that I
[39:50.060 --> 39:56.380]  had not committed any crime, that the court may not afford the officer any redress because
[39:56.380 --> 40:01.180]  he's not a proper party before the court without standing.
[40:01.180 --> 40:06.460]  And basically told, and the whole thing was approached from the standpoint of, you know,
[40:06.460 --> 40:10.040]  pursuant to all of the case law attached to this notice and everything presented here
[40:10.040 --> 40:12.540]  within, this is my understanding.
[40:12.540 --> 40:15.820]  It's my understanding that there's not a proper party before the court.
[40:15.820 --> 40:18.820]  It's my understanding that the court doesn't have jurisdiction pursuant to the attached
[40:18.820 --> 40:21.460]  memorandum on case law.
[40:21.460 --> 40:23.900]  It's my understanding that no crime's been committed.
[40:23.900 --> 40:28.220]  It's my understanding that the citation is not a proper summons.
[40:28.220 --> 40:33.860]  It's my understanding that basically I'm not required to appear.
[40:33.860 --> 40:39.180]  And if my understanding of any of these things is correct, you know, then you have a duty
[40:39.180 --> 40:41.860]  to inform me to the contrary and I'll appear.
[40:41.860 --> 40:47.460]  Otherwise, if you don't, pursuant to all of this case law and maximums in law and so on
[40:47.460 --> 40:53.260]  and so forth, if you don't inform me to the contrary, you have basically tacitly agreed
[40:53.260 --> 40:57.220]  by silence and acquiescence that my understanding of all these things is correct and therefore
[40:57.220 --> 40:58.220]  I won't be appearing.
[40:58.220 --> 41:05.820]  I didn't get any response to that, but I did a couple of months later get a notice of pretrial
[41:05.820 --> 41:11.220]  conference, responded to that with a copy, with a new letter and with a copy of everything
[41:11.220 --> 41:16.140]  that I'd sent the court before, basically saying, you know, pursuant to this, you know,
[41:16.140 --> 41:20.140]  previous documentation with which you were served, this court's already tacitly agreed
[41:20.140 --> 41:23.980]  that I have no obligation to appear, that no crime's been committed, that there's not
[41:23.980 --> 41:28.580]  a proper party with meeting all of the elements of standing before the court and that the
[41:28.580 --> 41:33.100]  court may not afford the officer any redress and that the court has no jurisdiction.
[41:33.100 --> 41:34.980]  You know, basically you've already agreed to this.
[41:34.980 --> 41:37.260]  Once again, this is my understanding.
[41:37.260 --> 41:41.540]  If I am incorrect, you know, you have a duty to inform me to the contrary.
[41:41.540 --> 41:43.580]  Didn't get any response to that.
[41:43.580 --> 41:46.620]  And then that process was reiterated with a notice of trial.
[41:46.620 --> 41:49.900]  They, you know, actually set a trial on it.
[41:49.900 --> 41:58.660]  Now, I'm about two hours away from Johnson County and two hours and 15 minutes after
[41:58.660 --> 42:03.180]  the time that the trial was set, they had dispatched two constables from Johnson County
[42:03.180 --> 42:05.380]  to come and bang on my door and, you know, take me in.
[42:05.380 --> 42:08.940]  I wasn't, I wasn't, you know, I wasn't there at the time.
[42:08.940 --> 42:13.180]  I found out about it through, you know, some of the neighbors and so forth.
[42:13.180 --> 42:18.260]  And then later ended up in going and basically just doing a walkthrough, you know, getting
[42:18.260 --> 42:22.740]  a bond set and going through the court, going through their jail and sitting there in the
[42:22.740 --> 42:27.080]  Johnson County jail for like five hours before they let me out.
[42:27.080 --> 42:32.300]  And they, when they did let me out, they gave me a notice of right to magistration.
[42:32.300 --> 42:36.940]  I never did have to see a judge and this notice of right to magistration just basically says
[42:36.940 --> 42:44.180]  that I need to appear on any weekday at 9 a.m. to basically be apprised of my rights.
[42:44.180 --> 42:48.860]  Doesn't even give a deadline date or anything like that.
[42:48.860 --> 42:55.940]  So you know, and pursuant to Texas case law, you know, making any motion or joinder with
[42:55.940 --> 43:02.760]  the courts or seeking the affirmative action of the court on any matter other than jurisdiction
[43:02.760 --> 43:06.380]  constitutes a general appearance, which, you know, once you do that, you're pretty much
[43:06.380 --> 43:07.380]  done.
[43:07.380 --> 43:08.380]  Okay.
[43:08.380 --> 43:11.620]  Well, hold on, hold on.
[43:11.620 --> 43:19.420]  If you have made a challenge to the jurisdiction, then a any other motion to the court does
[43:19.420 --> 43:20.900]  not waive that challenge.
[43:20.900 --> 43:21.900]  Yeah.
[43:21.900 --> 43:25.820]  And also, Johnny, you can't grant the court jurisdiction.
[43:25.820 --> 43:28.820]  The court either has jurisdiction or not.
[43:28.820 --> 43:32.660]  And there's nothing you can do to grant the court jurisdiction.
[43:32.660 --> 43:37.800]  And generally, if if the person bringing the suit has standing, that is what gives the
[43:37.800 --> 43:38.800]  court jurisdiction.
[43:38.800 --> 43:40.980]  But Johnny, listen, can you hang on one moment, please?
[43:40.980 --> 43:42.180]  We're about to go to break.
[43:42.180 --> 43:46.060]  And Johnny, actually, we need to just put you on hold and go to another caller.
[43:46.060 --> 43:50.340]  We have a police dispatcher on the line that wants to jump into the conversation.
[43:50.340 --> 43:52.040]  Jim from Ohio.
[43:52.040 --> 43:56.420]  We're going to go to Jim from Ohio when we get back on the other side.
[43:56.420 --> 43:57.980]  This is the rule of law.
[43:57.980 --> 43:58.980]  We will be right back.
[43:58.980 --> 44:03.340]  Hey, did you hear Ron Paul's announced he's running for president in 2012?
[44:03.340 --> 44:04.620]  Who's Ron Paul?
[44:04.620 --> 44:05.620]  Really?
[44:05.620 --> 44:07.140]  Okay, put down the cell phone for one minute.
[44:07.140 --> 44:10.100]  Your friends really don't care about your Twitter updates on what you had for breakfast.
[44:10.100 --> 44:13.500]  Oh, but I love to make those little smiley faces with punctuation marks.
[44:13.500 --> 44:14.500]  Of course you do.
[44:14.500 --> 44:17.820]  Now listen closely, you need to go down to Brave New Books and learn as much as you can
[44:17.820 --> 44:20.420]  about Ron Paul and his message before it's too late.
[44:20.420 --> 44:23.140]  They have all of his books and many of the books he talks about.
[44:23.140 --> 44:26.780]  They also have t shirts, bumper stickers and yard signs so that you can show your support
[44:26.780 --> 44:27.780]  for him during the campaign.
[44:27.780 --> 44:28.780]  Brave New Books?
[44:28.780 --> 44:31.180]  Do they have Harry Potter and Twilight?
[44:31.180 --> 44:35.020]  No, but they do carry a large selection of survival and preparedness books to protect
[44:35.020 --> 44:36.420]  your family in time of emergency.
[44:36.420 --> 44:39.220]  That sounds like that show in the Discovery Channel.
[44:39.220 --> 44:43.180]  Yeah, there's even a wilderness survival expert that teaches classes called Earth Skills
[44:43.180 --> 44:47.100]  School that you can sign up for on the website bravenewbookstore.com.
[44:47.100 --> 44:48.100]  What are you doing?
[44:48.100 --> 44:51.660]  I'm tweeting all my friends that they should go to bravenewbookstore.com or down to the
[44:51.660 --> 44:52.660]  bookstore in person.
[44:52.660 --> 44:53.660]  Where's it located?
[44:53.660 --> 44:54.660]  1904 Guadalupe Street.
[44:54.660 --> 44:55.660]  There, it's sent.
[44:55.660 --> 44:59.220]  I even made a smiley face.
[44:59.220 --> 45:00.500]  Great.
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[46:10.220 --> 46:12.780]  Okay folks, we are back.
[46:12.780 --> 46:16.940]  This is the rule of law, Randy Kelton, Eddie Craig, Deborah Stevens and I just want to
[46:16.940 --> 46:21.500]  make one more quick comment about this verbalizing of non-consent for folks who may just be tuning
[46:21.500 --> 46:25.900]  into the show or haven't been following our show for the last several years.
[46:25.900 --> 46:26.900]  We are legal researchers.
[46:26.900 --> 46:32.900]  I am a legal researcher and I have seen dozens of cases at the federal and state level across
[46:32.900 --> 46:39.480]  the board in situations of unlawful searches where the police had no probable cause.
[46:39.480 --> 46:46.300]  And if the victims do not verbalize that they do not consent, many times, not every case,
[46:46.300 --> 46:53.400]  but many times that can be construed as consent and then the victim will lose their standing
[46:53.400 --> 46:59.540]  to file a civil lawsuit and sometimes the criminal charges cannot go through as well.
[46:59.540 --> 47:04.480]  And so I'm going off of case law that I've researched that is very well founded.
[47:04.480 --> 47:05.900]  So that's where I'm coming from.
[47:05.900 --> 47:11.360]  I'm not just pulling that out of the hat, but at any rate, moving on, we do have callers
[47:11.360 --> 47:12.360]  on the line.
[47:12.360 --> 47:14.900]  We've got Jim from Ohio who is a police dispatcher.
[47:14.900 --> 47:16.860]  He wants to call in and make some comments.
[47:16.860 --> 47:18.420]  Jim, thank you for calling in.
[47:18.420 --> 47:21.900]  What is your question or comment for us tonight?
[47:21.900 --> 47:27.540]  My comment is more for your first caller out of Washington when he was referring to all
[47:27.540 --> 47:31.060]  of the people in his area being stopped by police.
[47:31.060 --> 47:35.820]  I'm from a little town, about 13,000 people here in Ohio.
[47:35.820 --> 47:38.300]  Needless to say, they call it a field interview here.
[47:38.300 --> 47:39.300]  Okay.
[47:39.300 --> 47:40.300]  They stop anybody.
[47:40.300 --> 47:41.300]  Okay.
[47:41.300 --> 47:45.620]  I had a friend who was involved in an assault case and as I did some research on our case
[47:45.620 --> 47:51.100]  law through our ORC, within that it says law enforcement, you are guilty until you prove
[47:51.100 --> 47:53.260]  yourself innocent until court.
[47:53.260 --> 47:58.120]  That's basically what our ORC read in that charge and I couldn't get over that.
[47:58.120 --> 48:04.180]  So as I worked for the police department here for 14 years as a police dispatcher, I saw
[48:04.180 --> 48:12.020]  policemen almost do felony charges against people for things that weren't that suspect's
[48:12.020 --> 48:17.940]  fault like assault on a police officer when the police officer didn't announce himself
[48:17.940 --> 48:22.940]  when he snatched this man up and of course he was taken to the ground, tased.
[48:22.940 --> 48:26.260]  That's just one incident.
[48:26.260 --> 48:29.720]  It depends on the law enforcement agency you deal with.
[48:29.720 --> 48:34.220]  It depends on how politically involved your law enforcement is in your city or in your
[48:34.220 --> 48:35.220]  jurisdiction.
[48:35.220 --> 48:44.020]  If he really wants to say something to somebody, go to his safety service director, his town,
[48:44.020 --> 48:48.860]  person that deals with the law enforcement crew themselves and that's where his complaint
[48:48.860 --> 48:50.420]  would be in my book.
[48:50.420 --> 48:55.460]  That's where local businesses did it here and that worked here to slow the police from
[48:55.460 --> 48:58.280]  the harassment that they did to the local bars.
[48:58.280 --> 49:04.020]  They sat outside, hours on end trying to get DUIs, making sure people were who they were
[49:04.020 --> 49:05.020]  supposed to be.
[49:05.020 --> 49:07.500]  But yeah, it's called a field interview here.
[49:07.500 --> 49:09.480]  I think it is a lot of places.
[49:09.480 --> 49:12.780]  In Detroit, if you're standing along the street, they can walk right up and tell you you're
[49:12.780 --> 49:14.980]  loitering and throw you in jail for that.
[49:14.980 --> 49:21.220]  Matter of fact, I was discharged yesterday for no seatbelt and I was pulled over for
[49:21.220 --> 49:22.460]  a cracked windshield.
[49:22.460 --> 49:27.780]  One crack in my windshield and when this is all said and done, I can go to jail.
[49:27.780 --> 49:29.260]  No seatbelt charge.
[49:29.260 --> 49:32.140]  So it's harassment and shakedown.
[49:32.140 --> 49:34.340]  Alex Jones tells you that on info Wars.
[49:34.340 --> 49:38.540]  It's all about the money and it sure is that the federal government has cut the funding
[49:38.540 --> 49:42.620]  to the city and to the state and they have to make up this revenue.
[49:42.620 --> 49:43.620]  Like our state.
[49:43.620 --> 49:48.140]  If you're late on your driver's license to get it renewed, they charge you a fee.
[49:48.140 --> 49:50.740]  You know, it's all about money.
[49:50.740 --> 49:57.740]  And I looked at our, it's all about the money and you're a dispatcher and I realized that
[49:57.740 --> 50:07.700]  there are a number of police out there who sometimes get out of hand.
[50:07.700 --> 50:13.140]  But I know a lot of policemen and I don't know of a single policeman who thinks of himself
[50:13.140 --> 50:15.860]  as a jackbooted thug.
[50:15.860 --> 50:24.060]  And I know I get some flack on the air from my position, but I don't believe the police
[50:24.060 --> 50:25.060]  are the problem.
[50:25.060 --> 50:29.340]  I believe we are the problem.
[50:29.340 --> 50:30.340]  Wait, hold on.
[50:30.340 --> 50:31.340]  Randy.
[50:31.340 --> 50:32.340]  Jim was trying to say something.
[50:32.340 --> 50:33.340]  I don't know if you heard him.
[50:33.340 --> 50:34.340]  Go ahead.
[50:34.340 --> 50:40.900]  When, when, when they're on the street, their power is, you know, especially 9 PM to 6 AM,
[50:40.900 --> 50:42.260]  their power is obsolete.
[50:42.260 --> 50:43.420]  There's nobody else there.
[50:43.420 --> 50:47.900]  You have nobody to contact in reference to, you know, you want an attorney, fine, you'll
[50:47.900 --> 50:48.900]  get it from jail.
[50:48.900 --> 50:49.900]  Okay.
[50:49.900 --> 50:50.900]  You're not going to call it.
[50:50.900 --> 50:51.900]  Okay.
[50:51.900 --> 50:53.300]  I understand this part.
[50:53.300 --> 50:54.300]  Okay.
[50:54.300 --> 51:01.340]  But what I'm, what we're trying to give people is tools that when that policeman gets done
[51:01.340 --> 51:07.380]  with what he's doing, then we just get started winding up on him.
[51:07.380 --> 51:13.260]  And it's never to get the policeman removed from his job.
[51:13.260 --> 51:20.940]  You know, this is primarily how I feel about the policemen and prosecutors and judges.
[51:20.940 --> 51:25.100]  I feel about them like I do my grandkids.
[51:25.100 --> 51:27.420]  I love them dearly.
[51:27.420 --> 51:33.860]  But if one of them steps out of line or runs out in the road, I'm fixing to tan his hide.
[51:33.860 --> 51:35.820]  It is my job to do that.
[51:35.820 --> 51:42.420]  And we're trying to get people to, to do this and not to get these people out of their jobs,
[51:42.420 --> 51:47.780]  not to harm them, but we need to sting them good every once in a while.
[51:47.780 --> 51:51.940]  And that was when I was talking about the first caller is you go down there on your
[51:51.940 --> 51:57.420]  righteous high horse and you just rail in righteous indignation and jump up and down
[51:57.420 --> 51:59.140]  and wave your arms.
[51:59.140 --> 52:04.740]  And then it gives the policeman a reason to think, you know, I, one of these guys just
[52:04.740 --> 52:09.300]  might get my butt kicked out of here if I'm not careful.
[52:09.300 --> 52:11.060]  It's the only way we're going to fix this.
[52:11.060 --> 52:15.380]  And I do especially appreciate you.
[52:15.380 --> 52:20.220]  You're in this system that I tell everybody, this is my only phrase I tell people when
[52:20.220 --> 52:26.020]  they ask me about law, certain periods of time from 9 a.m. to 6 a.m., do what the police
[52:26.020 --> 52:29.660]  wants you to do, or you're probably going to wind up finding the pavement with your
[52:29.660 --> 52:30.660]  face.
[52:30.660 --> 52:31.660]  That's usually what I say.
[52:31.660 --> 52:32.660]  That's, that's the fact.
[52:32.660 --> 52:37.900]  I mean, I'm not trying to be mean towards law enforcement, but if you do not do what
[52:37.900 --> 52:43.500]  they request you to do, they will point you to the pavement and I've witnessed it many
[52:43.500 --> 52:44.500]  times.
[52:44.500 --> 52:47.260]  Yes, and that's why we say do not argue with these guys.
[52:47.260 --> 52:50.820]  Yeah, that's why we say don't, absolutely don't argue with them.
[52:50.820 --> 52:53.420]  And like I was discussing earlier, you don't argue with them.
[52:53.420 --> 52:54.980]  You're very polite with them.
[52:54.980 --> 53:00.260]  But for the sake of the record, for the personal recording devices, the, you know, the on the
[53:00.260 --> 53:05.300]  record recording devices, you have to say politely, I do not consent to this or else
[53:05.300 --> 53:10.460]  the victim can lose their standing to file lawsuits and criminal complaints in the situation.
[53:10.460 --> 53:12.940]  I've had very good results with this.
[53:12.940 --> 53:13.940]  Hold on, Randy.
[53:13.940 --> 53:14.940]  Jim is trying to say something.
[53:14.940 --> 53:15.940]  Go ahead, Jim.
[53:15.940 --> 53:22.100]  But always remember, law enforcement can always pull those laws out of their hat and charge
[53:22.100 --> 53:23.100]  you and throw you in jail.
[53:23.100 --> 53:27.700]  Even if you want to throw all your words out there, they'll just charge you for something.
[53:27.700 --> 53:31.740]  You know, she didn't go with what they said, so they'll just arrest you for obstructing.
[53:31.740 --> 53:33.260]  Oh, we know that.
[53:33.260 --> 53:39.700]  Jim, we've had police officers call us on the show and told us on the record that they
[53:39.700 --> 53:42.740]  will arrest people and make something up on the way.
[53:42.740 --> 53:43.740]  We know this.
[53:43.740 --> 53:44.740]  Yep.
[53:44.740 --> 53:45.740]  They sure will.
[53:45.740 --> 53:46.740]  Yeah.
[53:46.740 --> 53:50.460]  I'm fighting a charge right now in Cherokee County.
[53:50.460 --> 53:51.980]  They're trying to put me in jail.
[53:51.980 --> 53:54.020]  They really want me in their jail.
[53:54.020 --> 54:00.500]  The prosecuting attorney went to the bailiff the day after I filed criminal charges against
[54:00.500 --> 54:07.340]  the prosecuting attorney with the grand jury and promoted the bailiff to file criminal
[54:07.340 --> 54:12.660]  charges against me for operating and investigating business without a license.
[54:12.660 --> 54:16.060]  Absolutely no evidence of any kind.
[54:16.060 --> 54:18.380]  They're going to give me the ride.
[54:18.380 --> 54:19.380]  They don't want me prosecuted.
[54:19.380 --> 54:24.100]  They don't want me found guilty because if I'm found guilty, then I take all the crap
[54:24.100 --> 54:28.080]  they've done to the appeals court, but they're just giving me the ride.
[54:28.080 --> 54:35.940]  So it is my job as the sovereign to give them a ride right back, and that's exactly what
[54:35.940 --> 54:36.940]  I'm going to do.
[54:36.940 --> 54:40.080]  And I appreciate your guy's time and you have a great night.
[54:40.080 --> 54:41.080]  Thank you, Jim.
[54:41.080 --> 54:45.540]  I was going to tell you something else, Jim, about these field interviews.
[54:45.540 --> 54:48.940]  As far as I know, that sort of thing is not lawful in Texas.
[54:48.940 --> 54:50.580]  They may try to...
[54:50.580 --> 54:55.500]  It may be their policy, but there's nothing in law that allows that, and that's why Eddie's
[54:55.500 --> 55:01.460]  got a great set of questions that he asks if he ever gets pulled over.
[55:01.460 --> 55:05.980]  The first thing he says to the police officers, you, officer, what is the emergency and how
[55:05.980 --> 55:06.980]  can I help?
[55:06.980 --> 55:10.860]  And if there's no emergency, he asks them, well, am I under arrest?
[55:10.860 --> 55:11.940]  And usually the answer is no.
[55:11.940 --> 55:13.860]  And then the third question, am I free to go?
[55:13.860 --> 55:18.080]  And so if you're not under arrest, but then the police officers will know you're not free
[55:18.080 --> 55:22.280]  to go either, then technically that does establish that you're under arrest.
[55:22.280 --> 55:27.540]  And so after that point, if there's no probable cause, then you've established your tort.
[55:27.540 --> 55:33.620]  And so, yeah, we do certainly believe that being polite to these people is absolutely
[55:33.620 --> 55:34.620]  of priority.
[55:34.620 --> 55:39.240]  You don't want to get in an argument with them, but there are certain things that are
[55:39.240 --> 55:44.300]  necessary to be said on the record if you want to protect yourself as a victim.
[55:44.300 --> 55:45.300]  That's true.
[55:45.300 --> 55:47.460]  Well, Jim, thank you so much for calling in.
[55:47.460 --> 55:48.460]  We really appreciate it.
[55:48.460 --> 55:50.460]  Are you a new listener to the show?
[55:50.460 --> 55:52.220]  This is my first night.
[55:52.220 --> 55:54.740]  How did you find out about us, Jim?
[55:54.740 --> 55:55.740]  Facebook.
[55:55.740 --> 55:56.740]  Oh.
[55:56.740 --> 55:57.740]  Truth Exposed Radio.
[55:57.740 --> 55:59.740]  From Truth Exposed Radio, yes.
[55:59.740 --> 56:04.900]  Their host on Wednesday nights, yeah, Matt and Cody, Truth Exposed Radio, absolutely.
[56:04.900 --> 56:10.820]  Well, I'm so glad that you are listening to our show now, and I hope that you call back
[56:10.820 --> 56:11.820]  in soon.
[56:11.820 --> 56:12.820]  I will.
[56:12.820 --> 56:13.820]  Thank you very much.
[56:13.820 --> 56:14.820]  Have a great night.
[56:14.820 --> 56:15.820]  Okay.
[56:15.820 --> 56:16.820]  Thank you, Jim.
[56:16.820 --> 56:17.820]  Bye.
[56:17.820 --> 56:18.820]  Bye-bye.
[56:18.820 --> 56:19.820]  All right.
[56:19.820 --> 56:20.820]  Great.
[56:20.820 --> 56:21.820]  Okay.
[56:21.820 --> 56:22.820]  We are going now to John.
[56:22.820 --> 56:25.620]  We're going to go back to Johnny in Texas, unless you had some comments, Randy?
[56:25.620 --> 56:27.120]  No, no.
[56:27.120 --> 56:28.120]  Let's go back to Johnny.
[56:28.120 --> 56:29.120]  Okay.
[56:29.120 --> 56:30.120]  Okay.
[56:30.120 --> 56:31.120]  Okay.
[56:31.120 --> 56:32.120]  All right.
[56:32.120 --> 56:36.500]  Let's go back to Johnny right before we went to the break, establishing, talking about
[56:36.500 --> 56:37.500]  jurisdiction.
[56:37.500 --> 56:38.500]  Johnny had one more question.
[56:38.500 --> 56:42.380]  We're talking about jurisdiction, and Johnny, yeah, I was saying that you can't...
[56:42.380 --> 56:44.180]  This is a legal myth.
[56:44.180 --> 56:50.260]  This is what I call a legal myth in the Patriot community, that you can give the court jurisdiction
[56:50.260 --> 56:54.580]  by filing documents or by making an appearance or this, that, and the other thing, and that
[56:54.580 --> 56:56.740]  is just absolute nonsense.
[56:56.740 --> 56:59.660]  You cannot give the court jurisdiction.
[56:59.660 --> 57:04.500]  The court either has subject matter jurisdiction or it does not.
[57:04.500 --> 57:10.340]  And the person bringing the suit, or if it's the state, there has to be probable cause.
[57:10.340 --> 57:15.700]  If it's a civil case, the plaintiff has to establish standing.
[57:15.700 --> 57:17.000]  There's no standing.
[57:17.000 --> 57:18.140]  There's no subject matter jurisdiction.
[57:18.140 --> 57:23.200]  So you can't give the court jurisdiction just because you're responding as a defendant.
[57:23.200 --> 57:26.420]  So I want people out there to not be concerned with that.
[57:26.420 --> 57:33.180]  Because if you don't respond, then you're going to likely have a contempt charge against
[57:33.180 --> 57:34.860]  you for failure to appear.
[57:34.860 --> 57:35.860]  So anything.
[57:35.860 --> 57:40.620]  I understand that the court can't be explicitly granted jurisdiction.
[57:40.620 --> 57:44.580]  I just use that in the term, in the sense that I want the court to know that I'm not
[57:44.580 --> 57:46.740]  consenting to any of this.
[57:46.740 --> 57:53.820]  I did very clearly articulate to the court, supported with lots of Texas case law, that
[57:53.820 --> 57:57.620]  it does not have jurisdiction and what all the requirements are for it to prove that
[57:57.620 --> 57:58.980]  it has jurisdiction.
[57:58.980 --> 58:05.360]  And I very clearly articulated, supported with lots of case law, that there's no proper
[58:05.360 --> 58:10.340]  party before the court and the court can't afford to redress, and so on and so forth.
[58:10.340 --> 58:16.700]  But they just proceeded anyway as if none of this was going on.
[58:16.700 --> 58:19.780]  So you need to go after them professionally.
[58:19.780 --> 58:24.900]  Well, I've got, they've rescheduled the trial for a couple of weeks from now, and I'm trying
[58:24.900 --> 58:29.020]  to decide whether to file criminal charges, counterclaims, civil suits.
[58:29.020 --> 58:32.940]  I mean, it clearly violated due process.
[58:32.940 --> 58:34.460]  Criminal charges are great fun.
[58:34.460 --> 58:35.460]  Okay.
[58:35.460 --> 58:40.460]  And when we come back, I'll tell you exactly how to do that in Johnson County.
[58:40.460 --> 58:42.380]  And they will love you for it.
[58:42.380 --> 58:44.500]  This is- All right, and we-
[58:44.500 --> 58:45.500]  Go ahead.
[58:45.500 --> 58:49.700]  I was just going to say, we also, we've got Brian, Mitchell, and Jason.
[58:49.700 --> 58:52.500]  So Brian, Mitchell, and Jason, just stay right there.
[58:52.500 --> 58:56.080]  We're going to finish up quickly, briefly with Joni on the other side, and then we'll
[58:56.080 --> 59:00.000]  continue to take your calls, 512-646-1984.
[59:00.000 --> 59:05.420]  The Bible remains the most popular book in the world, yet countless readers are frustrated
[59:05.420 --> 59:08.220]  because they struggle to understand it.
[59:08.220 --> 59:13.620]  Some new translations try to help by simplifying the text, but in the process can compromise
[59:13.620 --> 59:16.860]  the profound meaning of the scripture.
[59:16.860 --> 59:18.660]  Enter the recovery version.
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[59:33.320 --> 59:37.980]  into the riches of the word beyond which you ever experienced before.
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[59:58.700 --> 01:00:04.900]  This news brief brought to you by the International News Net.
[01:00:04.900 --> 01:00:10.020]  Israeli human rights group B'Tselem says in the past week, Israeli authorities have demolished
[01:00:10.020 --> 01:00:15.460]  33 residences in Palestinian communities, home to 230 people.
[01:00:15.460 --> 01:00:20.100]  Since the beginning of 2011, authorities have demolished 103 residential structures home
[01:00:20.100 --> 01:00:26.740]  to over 700 people, living mostly in tents, huts, and tin shacks.
[01:00:26.740 --> 01:00:31.340]  Iranian President Mahmoud Ahmadinejad suffered a blow Thursday after one of his closest aides
[01:00:31.340 --> 01:00:33.600]  was arrested on corruption charges.
[01:00:33.600 --> 01:00:38.880]  Mohammad Sharif Malekzadeh was forced to resign as deputy foreign minister just days after
[01:00:38.880 --> 01:00:43.900]  his appointment, Ahmadinejad has tried and failed to install loyalists in the powerful
[01:00:43.900 --> 01:00:47.660]  intelligence and oil ministries.
[01:00:47.660 --> 01:00:53.380]  Belarusian authorities detained more than 450 people Wednesday after thousands of anti-government
[01:00:53.380 --> 01:00:54.780]  protesters.
[01:00:54.780 --> 01:00:59.980]  President Alexander Lukashenko is facing growing public discontent over the nation's worst
[01:00:59.980 --> 01:01:05.260]  financial turmoil since the collapse of the Soviet Union and fraudulent elections last
[01:01:05.260 --> 01:01:06.260]  December.
[01:01:06.260 --> 01:01:11.420]  The country recently devalued its currency, causing panic buying and huge lines at currency
[01:01:11.420 --> 01:01:13.540]  exchanges.
[01:01:13.540 --> 01:01:18.100]  The African Union Summit began Thursday in Equatorial Guinea, where the government has
[01:01:18.100 --> 01:01:23.180]  spent lavishly on diplomatic accommodations while cracking down on dissent.
[01:01:23.180 --> 01:01:28.540]  While most citizens languish in poverty, President Teodoro Obiang's government spent more than
[01:01:28.540 --> 01:01:35.420]  $830 million to build a luxury complex, more than four times what the nation spends annually
[01:01:35.420 --> 01:01:37.140]  on education.
[01:01:37.140 --> 01:01:42.900]  Oil revenues raised EG's per capita wealth in 2010 to that of Germany, Japan, or the
[01:01:42.900 --> 01:01:43.900]  UK.
[01:01:43.900 --> 01:01:47.700]  However, more than 75% of the country lives in poverty.
[01:01:47.700 --> 01:01:53.460]  The new complex features a high-end hotel, the country's first spa, a mile-long artificial
[01:01:53.460 --> 01:01:59.980]  beach, 52 luxury beachfront villas, a golf course, a heliport, and police station.
[01:01:59.980 --> 01:02:04.780]  The Obiang government has said it is reinforcing surveillance to ensure perfect security for
[01:02:04.780 --> 01:02:08.500]  the summit and has detained activists, students, and migrants.
[01:02:08.500 --> 01:02:15.260]  Earlier this year, it banned public demonstrations alarmed at uprisings in Tunisia and Egypt.
[01:02:15.260 --> 01:02:19.780]  WikiLeaks State Department cables released Thursday revealed the crackdown on Shiite
[01:02:19.780 --> 01:02:25.220]  Muslims in Bahrain was copied from Saudi Arabia, which used the same tactics of repression
[01:02:25.220 --> 01:02:31.220]  as recently as two years ago, including the arbitrary arrest of Shiite clerics and residents
[01:02:31.220 --> 01:02:33.340]  and the closing of Shiite mosques.
[01:02:33.340 --> 01:02:37.620]  Some officials named in the cables as being responsible for Saudi Arabia's eastern province
[01:02:37.620 --> 01:02:40.980]  crackdown are now advising Bahraini leaders.
[01:02:40.980 --> 01:02:45.020]  Saudi officials quoted in the cables cited the same reasons for closing mosques that
[01:02:45.020 --> 01:02:50.580]  Bahraini officials used to justify the destruction of at least 40 Shiite mosques in the last
[01:02:50.580 --> 01:02:51.580]  three months.
[01:02:51.580 --> 01:02:56.620]  The cables express concern Saudi actions are likely to fuel disaffection among Shiites,
[01:02:56.620 --> 01:02:58.620]  especially young people.
[01:02:58.620 --> 01:03:09.620]  For more details on these stories, visit INNWorldReport.net.
[01:03:09.620 --> 01:03:15.740]  You are listening to the Rule of Law Radio Network at RuleOfLawRadio.com.
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[01:04:47.620 --> 01:04:49.500]  15 feet down, there's a little hallway.
[01:04:49.500 --> 01:04:52.080]  You go in that hallway and a door to your right.
[01:04:52.080 --> 01:04:55.140]  You go in the foyer to the grand jury room.
[01:04:55.140 --> 01:04:56.940]  There'll be a bailiff in front of the door
[01:04:56.940 --> 01:04:58.060]  to the grand jury.
[01:04:58.060 --> 01:05:02.820]  Tell the bailiff your name and ask him to instruct
[01:05:02.820 --> 01:05:05.620]  the foreman that you have business with the grand jury.
[01:05:06.980 --> 01:05:09.820]  And he'll direct you to the prosecuting attorney
[01:05:09.820 --> 01:05:14.220]  and you'll say, no, I have business with the grand jury.
[01:05:14.220 --> 01:05:15.980]  Tell the foreman I'm here.
[01:05:15.980 --> 01:05:18.540]  They will recognize that.
[01:05:18.540 --> 01:05:20.260]  They've had it done to them before
[01:05:20.260 --> 01:05:22.160]  and they'll get real excited.
[01:05:22.160 --> 01:05:24.780]  Well now, if I can interject to save us some time,
[01:05:24.780 --> 01:05:26.140]  I have heard you speak on that
[01:05:26.140 --> 01:05:28.820]  and I've actually downloaded the archives
[01:05:28.820 --> 01:05:31.420]  specifically on that from the website.
[01:05:31.420 --> 01:05:34.540]  I'm just not sure which charges to file.
[01:05:35.580 --> 01:05:38.060]  Okay, they will recognize that routine
[01:05:38.060 --> 01:05:40.220]  because they've seen it a few times.
[01:05:40.220 --> 01:05:42.900]  And if nothing else, it will get their attention.
[01:05:42.900 --> 01:05:45.180]  They'll know you mean business.
[01:05:45.180 --> 01:05:46.820]  Okay.
[01:05:46.820 --> 01:05:51.000]  And in terms of exactly which charges to file,
[01:05:51.000 --> 01:05:52.300]  that's where I'm really not clear
[01:05:52.300 --> 01:05:56.060]  because the approach that I've used with Johnson County,
[01:05:56.060 --> 01:05:57.300]  I've used in other courts
[01:05:57.300 --> 01:06:00.220]  and typically don't ever have to go to trial.
[01:06:00.220 --> 01:06:01.900]  The cases just get dismissed.
[01:06:01.900 --> 01:06:04.660]  This is the one time where they're really pushing it.
[01:06:04.660 --> 01:06:05.980]  So I haven't had to take it this far
[01:06:05.980 --> 01:06:08.460]  and I'm not exactly sure which charges to file.
[01:06:10.880 --> 01:06:12.140]  Well, five as many as you want to.
[01:06:12.140 --> 01:06:14.820]  Just stitch them together
[01:06:14.820 --> 01:06:19.500]  so that they all seem to fit with one with the other.
[01:06:19.500 --> 01:06:23.500]  If some of the charges don't seem to lead
[01:06:23.500 --> 01:06:27.900]  from one place to another, just leave them out.
[01:06:27.900 --> 01:06:29.220]  Now, when I file charges,
[01:06:29.220 --> 01:06:32.220]  I file the ones that tend to point toward
[01:06:32.220 --> 01:06:33.900]  the story that I'm telling.
[01:06:35.420 --> 01:06:36.260]  Okay.
[01:06:37.900 --> 01:06:39.140]  So look at it that way
[01:06:39.140 --> 01:06:42.140]  and that'll kind of tell you which charges
[01:06:42.140 --> 01:06:46.100]  will be the best to put in, which ones to leave out.
[01:06:46.100 --> 01:06:47.980]  Okay, and should they be kept just,
[01:06:47.980 --> 01:06:52.980]  I guess if it's a Texas grand jury,
[01:06:53.740 --> 01:06:56.580]  do the charges need to be kept explicitly to state charges?
[01:06:56.580 --> 01:06:58.380]  Can federal charges be included?
[01:06:58.380 --> 01:07:01.600]  Oh yes, keep them specifically state charges.
[01:07:01.600 --> 01:07:03.060]  Yeah, if you want to file federal charges,
[01:07:03.060 --> 01:07:04.940]  you have to go to the federal system.
[01:07:04.940 --> 01:07:06.460]  Okay.
[01:07:06.460 --> 01:07:07.300]  Okay.
[01:07:08.520 --> 01:07:10.500]  All right, thank you, Johnny.
[01:07:10.500 --> 01:07:11.340]  Thanks, guys.
[01:07:11.340 --> 01:07:14.220]  Okay, we're going now to Brian in Minnesota.
[01:07:14.220 --> 01:07:15.740]  Brian, thank you for calling in.
[01:07:15.740 --> 01:07:17.660]  What is your question for us tonight?
[01:07:19.000 --> 01:07:21.380]  Questions, I got three questions
[01:07:21.380 --> 01:07:23.440]  and hopefully we can just address them all briefly
[01:07:23.440 --> 01:07:25.860]  or something so we can get to all of them.
[01:07:25.860 --> 01:07:27.460]  I'll start first with,
[01:07:27.460 --> 01:07:29.220]  oh, Deborah, I was gonna ask you,
[01:07:29.220 --> 01:07:32.020]  have you been familiarized with Grant versus Arizona?
[01:07:33.540 --> 01:07:36.100]  I have looked at so many court cases.
[01:07:36.100 --> 01:07:37.600]  It's like I can't remember them all,
[01:07:37.600 --> 01:07:42.340]  but can you give us the gist of the story?
[01:07:42.340 --> 01:07:44.420]  It was, I was thinking of sending it to you
[01:07:44.420 --> 01:07:49.420]  because I thought of your case with the forestry service.
[01:07:49.460 --> 01:07:53.520]  And it's like, it's a case on police fishing expeditions.
[01:07:53.520 --> 01:07:55.740]  And I just recently was looking up briefs
[01:07:55.740 --> 01:07:59.460]  and I found this and it's got a beautiful case brief, so.
[01:07:59.460 --> 01:08:02.100]  Does it have to do directly with the forest service?
[01:08:03.060 --> 01:08:05.740]  No, so, but I guess it had more has to do
[01:08:05.740 --> 01:08:08.060]  with like the probable cause and the searches.
[01:08:08.060 --> 01:08:09.620]  Okay, yeah, send it to me.
[01:08:09.620 --> 01:08:14.000]  And actually there's some very interesting situation
[01:08:14.000 --> 01:08:16.160]  that I have uncovered regarding that case.
[01:08:18.060 --> 01:08:21.100]  I had discussed on the air about a year or so ago
[01:08:21.100 --> 01:08:22.780]  as I started putting this case together
[01:08:22.780 --> 01:08:25.740]  concerning recent Supreme Court case law
[01:08:25.740 --> 01:08:28.100]  that has been subsequently to the Terry stop ruling.
[01:08:28.100 --> 01:08:32.220]  One of them was a Caballes case, C-A-B-A-L-L-E-S.
[01:08:32.220 --> 01:08:35.880]  And the Supreme Court ruled in that situation
[01:08:35.880 --> 01:08:39.300]  where it's okay if they wanna bring out the dog
[01:08:39.300 --> 01:08:40.700]  during the traffic stop,
[01:08:40.700 --> 01:08:42.540]  during the business of the traffic stop.
[01:08:42.540 --> 01:08:45.940]  In other words, one officer is riding the ticket
[01:08:45.940 --> 01:08:49.520]  while the other officer is running the dog around the car,
[01:08:49.520 --> 01:08:52.420]  but they cannot prolong the duration of the stop.
[01:08:52.420 --> 01:08:57.180]  And in my situation, they had taken my papers,
[01:08:57.180 --> 01:08:59.580]  my driver's license, everything, registration,
[01:08:59.580 --> 01:09:01.220]  all that stuff, and gone back.
[01:09:01.220 --> 01:09:03.140]  And the officer was sitting in the car
[01:09:03.140 --> 01:09:05.420]  for at least 15 minutes, who knows,
[01:09:05.420 --> 01:09:07.820]  probably running a full NCIC background check,
[01:09:07.820 --> 01:09:11.220]  who knows CIA databases, who knows what all,
[01:09:11.220 --> 01:09:13.760]  cause I have Ron Paul's sticker on my car and stuff.
[01:09:13.760 --> 01:09:15.540]  Well, at any rate, he came back
[01:09:15.540 --> 01:09:17.420]  and he gave me back my papers
[01:09:17.420 --> 01:09:19.280]  and he said everything was fine
[01:09:19.280 --> 01:09:21.380]  and that there were no warrants and there were no problems.
[01:09:21.380 --> 01:09:23.700]  And at that point, per the Caballes case,
[01:09:23.700 --> 01:09:25.780]  he was required by law to either let us go
[01:09:25.780 --> 01:09:28.060]  or write a ticket and then let us go, et cetera.
[01:09:28.060 --> 01:09:30.540]  He obviously didn't feel he was in danger
[01:09:30.540 --> 01:09:33.060]  or any of the officers in danger of physical harm.
[01:09:33.060 --> 01:09:34.820]  They didn't conduct a weapon search
[01:09:34.820 --> 01:09:35.780]  during this time or anything.
[01:09:35.780 --> 01:09:38.180]  We brings the dog out after that.
[01:09:38.180 --> 01:09:39.600]  Well, so that's where I get him
[01:09:39.600 --> 01:09:41.100]  because he had prolonged the duration,
[01:09:41.100 --> 01:09:42.100]  the scope of the stop.
[01:09:42.100 --> 01:09:44.600]  Well, not only that, there's more.
[01:09:44.600 --> 01:09:49.600]  As it turns out, the Forest Service has the authority
[01:09:49.820 --> 01:09:54.820]  to enforce state traffic code on state easements
[01:09:55.260 --> 01:09:56.980]  through the Forest Service.
[01:09:56.980 --> 01:10:00.180]  And the situation with this road was
[01:10:00.180 --> 01:10:03.660]  the intersection, the road goes straight for one thing.
[01:10:03.660 --> 01:10:05.020]  So first off, they're trying to tell me
[01:10:05.020 --> 01:10:07.940]  I didn't use a turn signal where there wasn't even a turn.
[01:10:07.940 --> 01:10:09.860]  The road goes straight.
[01:10:09.860 --> 01:10:14.860]  All it did was change names from State Highway 126
[01:10:15.100 --> 01:10:18.060]  and then it became Forest Service Road 103.
[01:10:18.060 --> 01:10:20.860]  If you wanted to stay on State Highway 126,
[01:10:20.860 --> 01:10:23.740]  you needed to actually physically turn right.
[01:10:23.740 --> 01:10:26.460]  So of course, I look up all the definitions
[01:10:26.460 --> 01:10:29.600]  of the relevant words in state.
[01:10:29.600 --> 01:10:31.840]  New Mexico Transportation Code
[01:10:31.840 --> 01:10:34.300]  and it's not considered a turn
[01:10:34.300 --> 01:10:36.420]  just because the road changes labels,
[01:10:36.420 --> 01:10:38.900]  just because the labeling of the name of the road changes.
[01:10:38.900 --> 01:10:42.620]  You have to physically leave one roadway
[01:10:42.620 --> 01:10:45.580]  and enter onto another roadway
[01:10:45.580 --> 01:10:47.020]  in order for it to be a turn.
[01:10:47.020 --> 01:10:49.620]  And that involves like crossing the imaginary,
[01:10:49.620 --> 01:10:50.900]  when it's a left turn,
[01:10:50.900 --> 01:10:53.100]  you have to cross the imaginary middle line of the road
[01:10:53.100 --> 01:10:53.940]  and all these things.
[01:10:53.940 --> 01:10:55.400]  So there definitely wasn't a turn.
[01:10:55.400 --> 01:11:00.400]  Well, not only that, they cannot enforce
[01:11:00.500 --> 01:11:04.460]  state traffic code on Forest Service Roads
[01:11:04.460 --> 01:11:07.000]  that are strictly owned by the federal government.
[01:11:07.000 --> 01:11:09.900]  The federal government does not have authority
[01:11:09.900 --> 01:11:13.900]  to enforce state law on federal lands.
[01:11:13.900 --> 01:11:17.740]  Now, the road that I had been coming on at first
[01:11:17.740 --> 01:11:19.540]  was a state easement.
[01:11:19.540 --> 01:11:21.920]  The Secretary of Agriculture has the authority
[01:11:21.920 --> 01:11:26.860]  to grant easements to the state for the state road systems
[01:11:26.860 --> 01:11:28.580]  that run through the national forest.
[01:11:28.580 --> 01:11:31.860]  Now, the feds can assist the state
[01:11:31.860 --> 01:11:36.440]  in enforcing state law on the state easements, that's fine.
[01:11:36.440 --> 01:11:41.060]  But they can't enforce state law on the federal roads
[01:11:41.060 --> 01:11:43.340]  that are strictly federal roads on federal land.
[01:11:43.340 --> 01:11:45.540]  So they had no cause for the stop.
[01:11:45.540 --> 01:11:48.180]  They couldn't enforce that state law.
[01:11:48.180 --> 01:11:49.200]  Well, here's the other thing.
[01:11:49.200 --> 01:11:51.860]  Even if they wanna try to blow past that one,
[01:11:51.860 --> 01:11:54.460]  nothing in New Mexico Transportation Code
[01:11:54.460 --> 01:11:56.720]  requires the use of a turn signal
[01:11:56.720 --> 01:11:59.140]  if no other traffic will be affected.
[01:11:59.140 --> 01:12:02.500]  And there was no other cars around, period.
[01:12:02.500 --> 01:12:04.820]  So any which way you wanna slice it,
[01:12:04.820 --> 01:12:08.500]  they did not have probable cause for a stop.
[01:12:08.500 --> 01:12:13.080]  Thus, everything that happened was false arrest,
[01:12:13.080 --> 01:12:18.080]  false imprisonment, assault, aggravated assault and battery.
[01:12:18.080 --> 01:12:22.280]  And so now, the lawsuit has now expanded.
[01:12:22.280 --> 01:12:25.680]  We are bringing Bivens claims against all of the officers
[01:12:25.680 --> 01:12:26.960]  in their personal capacity.
[01:12:26.960 --> 01:12:29.400]  That's what the Bivens suit is about.
[01:12:29.400 --> 01:12:32.680]  Bringing Bivens claims against the head
[01:12:32.680 --> 01:12:34.500]  of this incident management team,
[01:12:34.500 --> 01:12:38.740]  the head of the US Forest Service in her personal capacity,
[01:12:38.740 --> 01:12:40.680]  the Secretary of Agriculture,
[01:12:40.680 --> 01:12:43.140]  and we're suing the federal government themselves
[01:12:43.140 --> 01:12:44.840]  under the Federal Tort Claims Act.
[01:12:44.840 --> 01:12:49.080]  So, I'm all over it as far as this probable cause thing.
[01:12:49.080 --> 01:12:51.840]  The bottom line is they had no probable cause for the stop
[01:12:51.840 --> 01:12:54.400]  because it was a federal forest road.
[01:12:54.400 --> 01:12:57.320]  And I looked up federal transportation code, by the way,
[01:12:57.320 --> 01:13:00.440]  and there is nothing in the federal transportation code.
[01:13:00.440 --> 01:13:01.360]  If they wanna say,
[01:13:01.360 --> 01:13:04.240]  well, we were enforcing federal transportation code,
[01:13:04.240 --> 01:13:06.640]  not state on that forest road.
[01:13:06.640 --> 01:13:07.560]  Well, you know what?
[01:13:07.560 --> 01:13:11.400]  Fine, because there's nothing in federal transportation code
[01:13:11.400 --> 01:13:14.320]  that requires the use of a blinker at any time.
[01:13:14.320 --> 01:13:19.260]  They only require that it not be obscured, okay?
[01:13:19.260 --> 01:13:21.320]  And there's like a bunch of technical requirements
[01:13:21.320 --> 01:13:26.040]  like the hue of the amber and this and that,
[01:13:26.040 --> 01:13:29.400]  as far as like the millivolts of how bright it can be
[01:13:29.400 --> 01:13:30.600]  or how bright it has to be,
[01:13:30.600 --> 01:13:32.860]  which all that sort of stuff is for the manufacturers.
[01:13:32.860 --> 01:13:34.440]  But at any rate, there's nothing that requires
[01:13:34.440 --> 01:13:36.800]  the use of a blinker in federal transportation code
[01:13:36.800 --> 01:13:39.120]  or state under those circumstances.
[01:13:39.120 --> 01:13:41.280]  And they can't enforce state traffic code
[01:13:41.280 --> 01:13:42.760]  on the federal roads anyway.
[01:13:42.760 --> 01:13:45.040]  So, there you go.
[01:13:45.040 --> 01:13:47.720]  But yeah, send me the case, Brian, I appreciate it.
[01:13:47.720 --> 01:13:49.480]  All right, all right, that's interesting.
[01:13:49.480 --> 01:13:51.880]  And I'm glad you bring up Kabbalah,
[01:13:51.880 --> 01:13:54.240]  because that goes to my first question of like,
[01:13:54.240 --> 01:13:57.560]  in a civil action, when is the,
[01:13:57.560 --> 01:14:00.440]  and I'll be using that Kabbalah case on your suggestion.
[01:14:00.440 --> 01:14:05.120]  So I'm looking at when is the proper time
[01:14:05.120 --> 01:14:07.280]  to file like a case brief?
[01:14:07.280 --> 01:14:09.700]  And I couldn't find out like anything about that
[01:14:09.700 --> 01:14:12.540]  in our rules or the state rules, but it's a common topic.
[01:14:12.540 --> 01:14:14.760]  Like people talk about a case brief.
[01:14:14.760 --> 01:14:18.320]  And I would guess it's the same as Miranda,
[01:14:18.320 --> 01:14:22.800]  but I was under the, some of the research I did
[01:14:22.800 --> 01:14:25.360]  said they have to respond to a case brief.
[01:14:25.360 --> 01:14:27.740]  And when is the proper time to file this?
[01:14:27.740 --> 01:14:29.800]  Do I file it, do I have to file it in discovery
[01:14:29.800 --> 01:14:31.500]  or can I file it after discovery?
[01:14:32.680 --> 01:14:35.960]  You generally file the original petition
[01:14:37.120 --> 01:14:39.720]  and then the other side will file a response
[01:14:39.720 --> 01:14:40.680]  to the petition.
[01:14:40.680 --> 01:14:45.680]  And you can, they'll file an answer to the petition.
[01:14:47.280 --> 01:14:52.000]  And their answer will generally have points and authorities.
[01:14:52.000 --> 01:14:55.480]  And then you can file a response to their answers
[01:14:55.480 --> 01:14:58.600]  and that response will contain points and authorities.
[01:14:58.600 --> 01:15:01.120]  And also you can file a pretrial brief
[01:15:01.120 --> 01:15:02.720]  if it goes to trial.
[01:15:03.620 --> 01:15:06.160]  Does it have to be during discovery you file this
[01:15:06.160 --> 01:15:07.000]  or can it be after discovery?
[01:15:07.000 --> 01:15:09.160]  No, no, no, no, no.
[01:15:09.160 --> 01:15:10.680]  Discovery is separate.
[01:15:12.280 --> 01:15:16.460]  A brief or a points and authorities will generally be filed
[01:15:16.460 --> 01:15:20.580]  in conjunction with an answer, a response or an answer.
[01:15:22.080 --> 01:15:23.680]  You file the original petition,
[01:15:23.680 --> 01:15:26.860]  it generally doesn't have points and authorities.
[01:15:26.860 --> 01:15:30.120]  But when the other side files an answer to the original,
[01:15:30.120 --> 01:15:32.240]  they'll have points and authorities.
[01:15:32.240 --> 01:15:34.120]  You file a response to their answer,
[01:15:34.120 --> 01:15:35.940]  it'll have points and authorities.
[01:15:35.940 --> 01:15:38.880]  If you file a subsequent motion,
[01:15:38.880 --> 01:15:43.640]  if the motion is complex or goes to specific issues,
[01:15:43.640 --> 01:15:45.920]  you may want to file points and authorities
[01:15:45.920 --> 01:15:47.080]  along with the motion.
[01:15:48.000 --> 01:15:50.600]  But there's not a hard and fast rule that I know of.
[01:15:52.200 --> 01:15:56.260]  Discovery, the documents that are produced in discovery
[01:15:56.260 --> 01:15:59.020]  do not get filed with the court per se.
[01:15:59.020 --> 01:16:01.600]  I mean, you can take some of the documents
[01:16:01.600 --> 01:16:05.720]  you receive from discovery and file them at the trial
[01:16:05.720 --> 01:16:10.720]  as evidence or as attachments or exhibits to other documents
[01:16:11.160 --> 01:16:13.800]  but discovery is between the two parties
[01:16:13.800 --> 01:16:15.240]  and is separate from the court.
[01:16:15.240 --> 01:16:17.560]  And the court doesn't get involved with discovery
[01:16:17.560 --> 01:16:20.960]  unless the other party fails to answer the questions
[01:16:20.960 --> 01:16:23.280]  in discovery and then you file a motion with the court
[01:16:23.280 --> 01:16:24.940]  to compel discovery.
[01:16:25.920 --> 01:16:28.200]  Okay, well, and the reason I'm kind of,
[01:16:28.200 --> 01:16:31.640]  this is my second question because the situation I'm in,
[01:16:31.640 --> 01:16:34.200]  my discovery deadline's coming up
[01:16:34.200 --> 01:16:37.240]  and I'm not completed but I don't necessarily
[01:16:37.240 --> 01:16:40.400]  wanna file a motion to enlarge the time of discovery
[01:16:40.400 --> 01:16:42.120]  but I still wanna take a deposition
[01:16:43.360 --> 01:16:44.840]  and maybe if you could speak to that
[01:16:44.840 --> 01:16:46.760]  on the other side or something.
[01:16:46.760 --> 01:16:48.960]  Okay, all right, we'll be right back, folks.
[01:16:48.960 --> 01:16:51.140]  We're talking with Brian and then we're gonna go to Mitchell
[01:16:51.140 --> 01:16:52.320]  and then Jason.
[01:16:52.320 --> 01:16:53.880]  After that, we don't have any more callers.
[01:16:53.880 --> 01:16:57.440]  You can call in 512-646-1984.
[01:16:57.440 --> 01:16:58.480]  We'll be right back.
[01:17:00.360 --> 01:17:02.720]  Capital Coin and Bullion is your local source
[01:17:02.720 --> 01:17:05.480]  for rare coins, precious metals, and coin supplies
[01:17:05.480 --> 01:17:07.280]  in the Austin metro area.
[01:17:07.280 --> 01:17:09.040]  We also ship worldwide.
[01:17:09.040 --> 01:17:10.920]  We're a family-owned and operated business
[01:17:10.920 --> 01:17:12.440]  that offers competitive prices
[01:17:12.440 --> 01:17:14.600]  on your coin and metals purchases.
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[01:17:17.320 --> 01:17:20.280]  that we've had to move to a new and bigger location.
[01:17:20.280 --> 01:17:23.960]  We're now located at 7304 Burnett Road, Suite A,
[01:17:23.960 --> 01:17:27.640]  1.2 miles north on Burnett from our previous location.
[01:17:27.640 --> 01:17:29.560]  We're on the west side of Burnett Road
[01:17:29.560 --> 01:17:32.240]  in the Stanley Insurance building on the ground floor
[01:17:32.240 --> 01:17:35.200]  next to the Ichiban Sushi and the Genie Car Wash.
[01:17:35.200 --> 01:17:37.400]  We're open Monday through Friday, 10 to six,
[01:17:37.400 --> 01:17:39.000]  Saturdays, 10 to five.
[01:17:39.000 --> 01:17:41.560]  You're welcome to stop in during regular business hours
[01:17:41.560 --> 01:17:46.560]  or call 512-646-6440, ask for Chad or Becky
[01:17:46.560 --> 01:17:48.860]  and say that you heard about us on Rule of Law Radio
[01:17:48.860 --> 01:17:50.480]  or Texas Liberty Radio.
[01:17:50.480 --> 01:17:53.280]  That's Capital Coin and Bullion at our new location
[01:17:53.280 --> 01:17:58.280]  at 7304 Burnett Road, Suite A, or call 512-646-6440.
[01:17:58.280 --> 01:18:03.280]  My name is Randall Kelton and I co-host on Rule of Law Radio.
[01:18:04.320 --> 01:18:07.160]  We specialize in showing people how to strike back
[01:18:07.160 --> 01:18:09.120]  against corrupt public officials.
[01:18:09.120 --> 01:18:11.080]  With the mortgage crisis worsening,
[01:18:11.080 --> 01:18:13.720]  we set our sights on finding a remedy for people
[01:18:13.720 --> 01:18:15.680]  who have been cheated by their lenders.
[01:18:15.680 --> 01:18:18.120]  If you have a mortgage or have paid yours off,
[01:18:18.120 --> 01:18:20.960]  you have probably been cheated out of thousands,
[01:18:20.960 --> 01:18:22.240]  but there is a remedy.
[01:18:22.240 --> 01:18:27.240]  Go to remediesinrealestate.com or call me at 512-430-4140
[01:18:30.200 --> 01:18:33.220]  and find out how to use the consumer protection laws
[01:18:33.220 --> 01:18:35.360]  to recover what the lenders have stolen
[01:18:35.360 --> 01:18:37.040]  through fraud and deception.
[01:18:37.040 --> 01:18:40.120]  We will prepare for you a qualified written request
[01:18:40.120 --> 01:18:43.640]  that will expose the fraud and put the lenders on the dime.
[01:18:43.640 --> 01:18:46.160]  Lender fraud is bankrupting this country
[01:18:46.160 --> 01:18:47.880]  and it's time to fight back.
[01:18:47.880 --> 01:18:52.880]  Go to remediesinrealestate.com or call 512-430-4140
[01:18:55.160 --> 01:18:57.000]  and get the information you need
[01:18:57.000 --> 01:19:00.500]  to stop the money changers in their tracks.
[01:19:00.500 --> 01:19:25.500]  ["Blind Me With That Same Old Trick Again"]
[01:19:30.500 --> 01:19:35.500]  You put the fear in my pockets, took the money from my ass.
[01:19:35.500 --> 01:19:40.500]  Ain't gonna fool me with that same old trick again.
[01:19:44.500 --> 01:19:48.500]  Ain't gonna fool me with that same old trick again.
[01:19:48.500 --> 01:19:50.940]  All right, folks, we are back.
[01:19:50.940 --> 01:19:53.740]  We are finishing up with Brian real quick.
[01:19:53.740 --> 01:19:55.700]  Okay, Brian, can you please repeat the question
[01:19:55.700 --> 01:19:57.300]  for us again?
[01:19:57.300 --> 01:20:00.260]  All right, so my deadline for discovery is coming up.
[01:20:00.260 --> 01:20:02.740]  It's July 1st and that's also like the deadline
[01:20:02.740 --> 01:20:05.100]  for motions to compel discovery.
[01:20:05.100 --> 01:20:08.820]  My non-dispositive and dispositive motion deadline
[01:20:08.820 --> 01:20:10.620]  is August 5th.
[01:20:10.620 --> 01:20:12.100]  Most of my discovery is completed.
[01:20:12.100 --> 01:20:15.340]  I have a few more interrogatories I would like to ask
[01:20:15.340 --> 01:20:20.340]  and I have not yet gotten to take their deposition
[01:20:20.660 --> 01:20:24.940]  because just time constraints and how long it took them
[01:20:24.940 --> 01:20:28.340]  to produce the first request for admissions
[01:20:28.340 --> 01:20:30.060]  and the request for productions.
[01:20:30.060 --> 01:20:32.380]  So I'm kind of wondering how I should,
[01:20:32.380 --> 01:20:35.340]  what would be the best way to go about dealing with this?
[01:20:35.340 --> 01:20:37.140]  And when I talked to the scheduling clerk
[01:20:37.140 --> 01:20:40.080]  to schedule the motion deadline or to schedule a motion
[01:20:40.080 --> 01:20:42.340]  to extend the deadline, she's like, well,
[01:20:42.340 --> 01:20:44.980]  they wouldn't be able to get to hear it till August 25th
[01:20:44.980 --> 01:20:48.540]  or something like that or no, no, July 25th.
[01:20:48.540 --> 01:20:50.900]  So it's just a time constraint thing.
[01:20:50.900 --> 01:20:53.180]  How would you deal with that?
[01:20:53.180 --> 01:20:54.500]  I'm not sure what you want.
[01:20:54.500 --> 01:20:59.500]  Do you want to get to trial or do you need this discovery
[01:20:59.500 --> 01:21:01.700]  before you get to trial?
[01:21:01.700 --> 01:21:05.180]  Are you trying to, are you saying that you are,
[01:21:05.180 --> 01:21:08.620]  you still have to comply with their discovery
[01:21:08.620 --> 01:21:09.620]  and you're running out of time?
[01:21:09.620 --> 01:21:11.140]  Is that what's going on?
[01:21:11.140 --> 01:21:13.820]  No, they have to comply with my discovery.
[01:21:13.820 --> 01:21:15.820]  And they haven't done that?
[01:21:15.820 --> 01:21:18.780]  Well, no, they have so far, but I want to do more discovery
[01:21:18.780 --> 01:21:21.780]  and I'm pretty much out of time to get a motion
[01:21:21.780 --> 01:21:23.420]  in to compel or anything.
[01:21:23.420 --> 01:21:25.500]  So I got like, you know, till July 1st
[01:21:25.500 --> 01:21:27.980]  to get in the end of my discovery is,
[01:21:27.980 --> 01:21:29.740]  I mean, after my deadline on July 1st.
[01:21:29.740 --> 01:21:31.420]  So ask for an extension of time.
[01:21:31.420 --> 01:21:36.020]  You don't have to use it, but it'd be nice to have it.
[01:21:36.020 --> 01:21:37.860]  Well, and that's the problem I came across
[01:21:37.860 --> 01:21:40.460]  is when I called to schedule that motion
[01:21:40.460 --> 01:21:42.740]  to extend the deadline and they said
[01:21:42.740 --> 01:21:44.980]  they wouldn't be able to hear it till like July 25th.
[01:21:44.980 --> 01:21:47.500]  So, and that's way past the date.
[01:21:47.500 --> 01:21:49.140]  I don't know why I'm stuck.
[01:21:49.140 --> 01:21:50.780]  Can I take a deposition?
[01:21:50.780 --> 01:21:52.660]  I mean, really the main thing I want to do still
[01:21:52.660 --> 01:21:53.620]  is take a deposition.
[01:21:53.620 --> 01:21:56.260]  Can I just request leave for a deposition later?
[01:21:56.260 --> 01:22:00.860]  Okay, the thing about discovery, if it's not carved in stone,
[01:22:00.860 --> 01:22:05.140]  if nothing's going to happen until July 5th,
[01:22:05.140 --> 01:22:11.220]  then when do you intend to schedule the deposition?
[01:22:11.220 --> 01:22:12.860]  Sometime in July.
[01:22:12.860 --> 01:22:14.900]  Well, see, here's the other thing about discovery.
[01:22:14.900 --> 01:22:17.700]  You can have several rounds of discovery.
[01:22:17.700 --> 01:22:21.420]  I mean, the only thing that, I mean, you'll put out one set
[01:22:21.420 --> 01:22:25.020]  of interrogatories or requests for productions or whatever,
[01:22:25.020 --> 01:22:29.420]  and they have generally 21 days to respond or 30 days,
[01:22:29.420 --> 01:22:33.740]  it depends on the state or if it's in the federal system,
[01:22:33.740 --> 01:22:39.260]  but that doesn't limit you to additional rounds of discovery.
[01:22:39.260 --> 01:22:42.380]  You can file another set of interrogatories
[01:22:42.380 --> 01:22:45.180]  and another set of requests for production of documents
[01:22:45.180 --> 01:22:46.740]  and requests for deposition.
[01:22:46.740 --> 01:22:49.780]  You can have, I forgot what the rules are
[01:22:49.780 --> 01:22:50.900]  in the federal court system,
[01:22:50.900 --> 01:22:53.700]  but you can go at it two or three or four times.
[01:22:53.700 --> 01:22:56.820]  And the only thing that limits you time-wise
[01:22:56.820 --> 01:23:00.580]  is if the judge has set a hearing date for trial.
[01:23:00.580 --> 01:23:02.900]  You have to have everything finished by then.
[01:23:02.900 --> 01:23:04.380]  Okay, well, there's a trial date set,
[01:23:04.380 --> 01:23:06.980]  but should I just file the interrogatories anyways,
[01:23:06.980 --> 01:23:08.060]  even if the deadline's faster?
[01:23:08.060 --> 01:23:08.900]  I just file them anyway?
[01:23:08.900 --> 01:23:10.060]  Well, I don't understand what you mean
[01:23:10.060 --> 01:23:11.820]  by when the deadline is passed.
[01:23:11.820 --> 01:23:12.980]  What deadline?
[01:23:12.980 --> 01:23:15.460]  Well, there's a deadline in a scheduling order
[01:23:15.460 --> 01:23:19.180]  on the calendar for completion of discovery.
[01:23:19.180 --> 01:23:22.300]  Oh, the judge has already set a deadline
[01:23:22.300 --> 01:23:24.340]  for completion of discovery.
[01:23:24.340 --> 01:23:26.420]  Okay, okay, okay.
[01:23:26.420 --> 01:23:29.140]  Ask the judge to extend the time.
[01:23:29.140 --> 01:23:31.700]  Even if you can't get to it until the fifth,
[01:23:31.700 --> 01:23:33.100]  put the motion in,
[01:23:33.980 --> 01:23:38.620]  and if you blame the other side for the delay,
[01:23:38.620 --> 01:23:41.580]  then the judge will almost certainly give you the time.
[01:23:41.580 --> 01:23:45.140]  Yeah, but get the motion in before the deadline.
[01:23:45.140 --> 01:23:47.540]  Should I file this stuff anyway, the interrogatories?
[01:23:47.540 --> 01:23:49.820]  You don't need to file the answers.
[01:23:49.820 --> 01:23:52.340]  Are you talking about sending the interrogatories
[01:23:52.340 --> 01:23:53.900]  to the other party?
[01:23:53.900 --> 01:23:54.740]  Right, right.
[01:23:54.740 --> 01:23:55.700]  Okay, yeah, okay.
[01:23:55.700 --> 01:23:57.620]  You don't file that with the court.
[01:23:57.620 --> 01:24:00.100]  What you file with the court is a status report
[01:24:00.100 --> 01:24:03.660]  saying that you have sent them interrogatories or whatever,
[01:24:03.660 --> 01:24:07.460]  but you don't file the questions or whatever with the court.
[01:24:07.460 --> 01:24:09.140]  Okay, and then one more thing.
[01:24:09.140 --> 01:24:11.220]  Okay, I'm transcribing a police video,
[01:24:11.220 --> 01:24:15.780]  and I put all the words from them into visual,
[01:24:15.780 --> 01:24:17.060]  into a document.
[01:24:17.060 --> 01:24:18.420]  I wanted to send that to them,
[01:24:18.420 --> 01:24:20.860]  and then say, you know, verify this or change anything
[01:24:20.860 --> 01:24:22.140]  if you wanna change it.
[01:24:22.140 --> 01:24:24.020]  Can I, does that necessarily have to be done
[01:24:24.020 --> 01:24:26.420]  during discovery, or can I do that at any point?
[01:24:26.420 --> 01:24:28.220]  I would not ask them to do that.
[01:24:28.220 --> 01:24:31.900]  If it's your videotape and you're the one transcribing it,
[01:24:31.900 --> 01:24:34.580]  then you submit the transcript as an attachment
[01:24:34.580 --> 01:24:38.380]  to an affidavit and file that with the court.
[01:24:38.380 --> 01:24:41.300]  And if they wanna rebut it, then they can rebut it.
[01:24:41.300 --> 01:24:43.500]  But you don't send that to them in discovery
[01:24:43.500 --> 01:24:45.300]  and ask them to negotiate with you
[01:24:45.300 --> 01:24:47.980]  on whether the language is proper or not.
[01:24:47.980 --> 01:24:50.220]  That's your affidavit.
[01:24:50.220 --> 01:24:53.420]  And they will get, and you serve them with the affidavit
[01:24:53.420 --> 01:24:55.740]  when you file that with the court.
[01:24:55.740 --> 01:24:59.220]  Well, the one issue with that is I wanted to like,
[01:24:59.220 --> 01:25:02.060]  I don't know, I was just gonna transcribe it myself.
[01:25:02.060 --> 01:25:04.240]  I don't know if there's any services you guys know
[01:25:04.240 --> 01:25:05.660]  that would do something like that,
[01:25:05.660 --> 01:25:08.900]  or I just wanna maintain the accuracy.
[01:25:08.900 --> 01:25:10.120]  I don't think there's any problem
[01:25:10.120 --> 01:25:11.580]  with transcribing it yourself
[01:25:11.580 --> 01:25:14.300]  because you're filing the transcript as an affidavit.
[01:25:14.300 --> 01:25:15.540]  That's your story.
[01:25:15.540 --> 01:25:18.900]  That's what you are attesting is true.
[01:25:18.900 --> 01:25:21.580]  And affidavits are very powerful.
[01:25:21.580 --> 01:25:24.540]  The affidavit stands as the truth, as a matter of fact,
[01:25:24.540 --> 01:25:27.880]  in law, unless the other side has evidence
[01:25:27.880 --> 01:25:29.900]  to rebut and refute it.
[01:25:29.900 --> 01:25:31.780]  Okay, beautiful, beautiful.
[01:25:31.780 --> 01:25:34.300]  So Randy, Randy, one more thing, quick too here.
[01:25:34.300 --> 01:25:36.860]  Randy, I was talking to the federal prosecutor today
[01:25:37.900 --> 01:25:41.060]  for our district, and I was talking to her
[01:25:41.060 --> 01:25:43.900]  about QATAM action, and she was saying
[01:25:43.900 --> 01:25:45.140]  it's not in her jurisdiction.
[01:25:45.140 --> 01:25:47.660]  She thinks it's a state QATAM action,
[01:25:47.660 --> 01:25:49.540]  misappropriation of state funds,
[01:25:49.540 --> 01:25:53.140]  and she was saying it's not federal funds, so it's not us.
[01:25:53.140 --> 01:25:54.300]  Was she blowing smoke?
[01:25:55.200 --> 01:25:56.620]  No, she's right.
[01:25:56.620 --> 01:25:57.460]  Okay.
[01:25:57.460 --> 01:25:59.460]  If it wasn't federal funds, it's not them.
[01:26:01.020 --> 01:26:03.500]  So if it's only state funds, she is right.
[01:26:03.500 --> 01:26:04.840]  She has no jurisdiction.
[01:26:05.700 --> 01:26:06.660]  Okay, excellent.
[01:26:06.660 --> 01:26:07.660]  All right, thank you very much.
[01:26:07.660 --> 01:26:09.460]  Okay, thank you, Brian.
[01:26:09.460 --> 01:26:11.860]  Okay, we are going now to Mitchell in Texas.
[01:26:11.860 --> 01:26:13.140]  Been holding for a very long time.
[01:26:13.140 --> 01:26:14.620]  Mitchell, I know you called in Monday night.
[01:26:14.620 --> 01:26:16.420]  Also, thank you for calling back in.
[01:26:16.420 --> 01:26:18.980]  What is your question or comment for us tonight, Mitchell?
[01:26:18.980 --> 01:26:20.900]  Okay, this is a continuation of-
[01:26:20.900 --> 01:26:23.160]  Are you on speakerphone, Mitchell?
[01:26:23.160 --> 01:26:24.000]  No.
[01:26:24.000 --> 01:26:24.820]  Okay.
[01:26:24.820 --> 01:26:25.660]  I'm sorry, yes, yes.
[01:26:25.660 --> 01:26:26.500]  Okay.
[01:26:26.500 --> 01:26:27.540]  Okay, I was holding it up to my ear.
[01:26:27.540 --> 01:26:28.660]  Okay, great, thank you.
[01:26:28.660 --> 01:26:30.540]  Okay, so what do you have for us?
[01:26:30.540 --> 01:26:34.940]  Okay, so all the, I guess, questions or topics here
[01:26:34.940 --> 01:26:37.300]  are hovering around, establishing grounds
[01:26:37.300 --> 01:26:40.580]  for a motion for dismissal, hopefully at the beginning
[01:26:40.580 --> 01:26:43.460]  of a trial, if that's possible.
[01:26:43.460 --> 01:26:45.340]  I guess the first thing is I don't know
[01:26:45.340 --> 01:26:48.940]  once a trial starts if a motion for dismissal
[01:26:48.940 --> 01:26:52.920]  can be introduced with an objection
[01:26:52.920 --> 01:26:56.520]  to some of the processes that are occurring at the time.
[01:26:57.780 --> 01:27:01.380]  So for instance, if, as I'm gonna describe in a minute,
[01:27:01.380 --> 01:27:06.380]  if the, if there's an improper charging instrument,
[01:27:06.620 --> 01:27:09.580]  can that be raised at the beginning and say,
[01:27:10.440 --> 01:27:13.220]  objection, motion for dismissal?
[01:27:13.220 --> 01:27:15.740]  There's not a proper charging instrument.
[01:27:15.740 --> 01:27:19.140]  No, in Texas, you're in Texas, right?
[01:27:19.140 --> 01:27:20.660]  Yes.
[01:27:20.660 --> 01:27:25.100]  In Texas, you only have up until one day prior to trial
[01:27:25.100 --> 01:27:29.460]  on the merits if this is a justice or municipal court.
[01:27:29.460 --> 01:27:32.100]  Now, according to what I found anywhere else,
[01:27:32.100 --> 01:27:34.440]  there's nowhere else in the code that deals
[01:27:34.440 --> 01:27:38.700]  with a time constraint on when to challenge the complaint.
[01:27:38.700 --> 01:27:41.660]  But all the case law says exactly the same thing
[01:27:41.660 --> 01:27:45.360]  and it refers back to the Chapter 45 statute.
[01:27:45.360 --> 01:27:48.620]  So even the district court challenge to complaints
[01:27:48.620 --> 01:27:53.620]  relies on Chapter 45's 45.018, or I'm sorry, 019.
[01:27:56.100 --> 01:27:59.020]  Okay, actually that's a really easy thing to deal with
[01:27:59.020 --> 01:28:02.720]  and basically just file this motion that says
[01:28:02.720 --> 01:28:06.020]  there's not been a proper charging instrument.
[01:28:06.020 --> 01:28:07.860]  Just file that, make sure it's one day
[01:28:07.860 --> 01:28:11.620]  before the trial on its merits begins.
[01:28:11.620 --> 01:28:15.460]  It's a motion to quash and yes, you file it the day before.
[01:28:16.540 --> 01:28:18.980]  And what's the difference between a motion to quash
[01:28:18.980 --> 01:28:20.240]  and a motion to dismiss?
[01:28:22.860 --> 01:28:25.140]  Yeah, you don't have to wait till the day before,
[01:28:25.140 --> 01:28:26.920]  any time before that time.
[01:28:26.920 --> 01:28:30.020]  Right, I'm sorry, so what's the difference
[01:28:30.020 --> 01:28:32.520]  between a motion to quash and one to dismiss?
[01:28:34.360 --> 01:28:37.020]  Well, a motion to quash attacks
[01:28:37.020 --> 01:28:39.840]  the charging instrument itself.
[01:28:39.840 --> 01:28:41.660]  A motion to dismiss could be
[01:28:41.660 --> 01:28:43.220]  for all kinds of different reasons.
[01:28:43.220 --> 01:28:44.660]  And the motion to dismiss-
[01:28:44.660 --> 01:28:47.220]  Don't confuse terminology though here.
[01:28:47.220 --> 01:28:50.300]  A complaint is not a charging instrument.
[01:28:50.300 --> 01:28:51.140]  Right, I understand that.
[01:28:51.140 --> 01:28:56.140]  It is the pre-cept, precursor to a charging instrument.
[01:28:57.020 --> 01:28:58.820]  And the motion to dismiss,
[01:28:58.820 --> 01:29:01.780]  you're asking the court to dismiss the case.
[01:29:01.780 --> 01:29:06.780]  The motion to quash, you're attacking a particular document.
[01:29:06.780 --> 01:29:09.920]  You know, like in this case would be the complaint.
[01:29:11.000 --> 01:29:13.620]  Okay, you file the motion to quash the complaint.
[01:29:13.620 --> 01:29:17.120]  You file a motion to dismiss for failure to prosecute.
[01:29:17.120 --> 01:29:19.360]  There is no charging instrument.
[01:29:19.360 --> 01:29:22.160]  The complaint's invalid, it's all invalid.
[01:29:22.160 --> 01:29:25.320]  So we're filing a motion to dismiss
[01:29:25.320 --> 01:29:28.280]  based upon no prosecution.
[01:29:28.280 --> 01:29:32.240]  So basically then one day or more prior,
[01:29:32.240 --> 01:29:36.800]  there'd be two motions in this situation.
[01:29:36.800 --> 01:29:38.360]  Yes.
[01:29:38.360 --> 01:29:40.120]  Yes, stay right there, Mitchell.
[01:29:40.120 --> 01:29:40.960]  Thanks.
[01:29:40.960 --> 01:29:42.240]  Okay, we'll be right back, folks.
[01:29:42.240 --> 01:29:43.680]  This is the rule of law.
[01:29:43.680 --> 01:29:46.280]  Randy Kelton, Eddie Craig, Deborah Stevens.
[01:29:46.280 --> 01:29:47.520]  We've got Mitchell on the line.
[01:29:47.520 --> 01:29:48.840]  We've got Jason from Texas.
[01:29:48.840 --> 01:29:51.200]  There was a Jeff from Texas that dropped off a line.
[01:29:51.200 --> 01:29:52.700]  Jeff, you want to call back in?
[01:29:52.700 --> 01:29:53.760]  You'll be after Jason.
[01:29:53.760 --> 01:29:55.800]  After that, the phone board is clear.
[01:29:55.800 --> 01:29:59.720]  512-646-1984, we'll be right back.
[01:29:59.720 --> 01:30:01.900]  Top 10 reasons to question the official story
[01:30:01.900 --> 01:30:03.240]  of the Oklahoma City bombing.
[01:30:03.240 --> 01:30:05.080]  Number nine, the extra leg.
[01:30:05.080 --> 01:30:06.920]  Former Oklahoma State medical examiner,
[01:30:06.920 --> 01:30:08.400]  Dr. Fred Jordan, had stated,
[01:30:08.400 --> 01:30:10.720]  we had eight people with amputated left legs
[01:30:10.720 --> 01:30:12.480]  and nine left legs to account for.
[01:30:12.480 --> 01:30:15.080]  Chief pathologist for Northern Ireland, T.K. Marshall,
[01:30:15.080 --> 01:30:17.900]  who performed over 2,500 autopsies in his time,
[01:30:17.900 --> 01:30:20.140]  stated, there has never been an unknown victim.
[01:30:20.140 --> 01:30:22.760]  This leg belonged to a perpetrator close enough to the bomb
[01:30:22.760 --> 01:30:24.120]  for his body to be damaged,
[01:30:24.120 --> 01:30:26.080]  leaving only a left leg behind.
[01:30:26.080 --> 01:30:27.200]  Who was this person?
[01:30:27.200 --> 01:30:29.740]  Please go to okcbombingtruth.com.
[01:30:29.740 --> 01:30:31.740]  To wage war, you need three things,
[01:30:31.740 --> 01:30:33.780]  money, money, and yet more money.
[01:30:33.780 --> 01:30:35.940]  So said John Jacopo Trivulsio,
[01:30:35.940 --> 01:30:38.220]  a military leader from the 1400s.
[01:30:38.220 --> 01:30:40.180]  But modern war has new costs.
[01:30:40.180 --> 01:30:41.340]  I'm Dr. Catherine Albrecht,
[01:30:41.340 --> 01:30:43.380]  and I'll tell you more in just a moment.
[01:30:43.380 --> 01:30:45.340]  Privacy is under attack.
[01:30:45.340 --> 01:30:47.220]  When you give up data about yourself,
[01:30:47.220 --> 01:30:48.940]  you'll never get it back again.
[01:30:48.940 --> 01:30:50.740]  And once your privacy is gone,
[01:30:50.740 --> 01:30:53.740]  you'll find your freedoms will start to vanish too.
[01:30:53.740 --> 01:30:56.660]  So protect your rights, say no to surveillance,
[01:30:56.660 --> 01:30:58.300]  and keep your rights safe.
[01:30:58.300 --> 01:30:59.780]  Say no to surveillance,
[01:30:59.780 --> 01:31:02.140]  and keep your information to yourself.
[01:31:02.140 --> 01:31:04.660]  Privacy, it's worth hanging on to.
[01:31:04.660 --> 01:31:06.020]  This public service announcement
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[01:31:15.740 --> 01:31:19.020]  War is expensive, and the war on terror is no exception.
[01:31:19.020 --> 01:31:21.140]  From 9-11 through 2011,
[01:31:21.140 --> 01:31:22.940]  the wars in Iraq and Afghanistan
[01:31:22.940 --> 01:31:25.860]  have cost nearly 1.3 trillion dollars.
[01:31:25.860 --> 01:31:28.780]  Over 4,500 US servicemen have been killed,
[01:31:28.780 --> 01:31:31.140]  and more than 43,000 wounded.
[01:31:31.140 --> 01:31:33.020]  But there's another casualty of modern war
[01:31:33.020 --> 01:31:35.740]  that's just as costly, our civil liberties.
[01:31:35.740 --> 01:31:37.660]  And sadly, the destruction of our rights
[01:31:37.660 --> 01:31:39.500]  has been carried out by the very people
[01:31:39.500 --> 01:31:41.140]  we elected to serve us.
[01:31:41.140 --> 01:31:42.820]  Destroying our guaranteed freedoms
[01:31:42.820 --> 01:31:45.820]  in the name of security is a victory for our enemies.
[01:31:45.820 --> 01:31:47.100]  We need to remind Congress
[01:31:47.100 --> 01:31:49.900]  why America is worth fighting for in the first place.
[01:31:49.900 --> 01:31:53.300]  Insist on protecting your constitutional rights.
[01:31:53.300 --> 01:31:54.500]  I'm Dr. Catherine Albrecht.
[01:31:54.500 --> 01:31:58.660]  For more news and information at catherinealbrecht.com.
[01:32:02.180 --> 01:32:03.620]  Yeah, who you want to chip?
[01:32:03.620 --> 01:32:05.860]  Will you take me for free, Tully?
[01:32:05.860 --> 01:32:07.900]  Boy want chip, me no free, Tully.
[01:32:07.900 --> 01:32:09.500]  You can't chip me.
[01:32:09.500 --> 01:32:12.580]  All I'm saying, don't let them chip you in the morning,
[01:32:12.580 --> 01:32:13.820]  chip you in the evening.
[01:32:13.820 --> 01:32:15.860]  Put that chip in your body.
[01:32:15.860 --> 01:32:18.620]  And anyway you go computer-ready.
[01:32:18.620 --> 01:32:23.060]  You can't hide from nobody once that chip goes in.
[01:32:23.060 --> 01:32:25.980]  So, say no to the RFID chips, folks.
[01:32:27.260 --> 01:32:28.780]  Say no to Walmart.
[01:32:29.620 --> 01:32:31.780]  Do not buy products with RFID chips.
[01:32:31.780 --> 01:32:32.940]  Do not take the chip.
[01:32:32.940 --> 01:32:34.020]  It's the mark of the beast.
[01:32:34.020 --> 01:32:36.140]  Well, it's certainly gonna be the mark of the beast
[01:32:36.140 --> 01:32:37.980]  if they try to implant it in our flesh.
[01:32:37.980 --> 01:32:38.820]  What else could it be?
[01:32:38.820 --> 01:32:40.740]  So, say no to the chip.
[01:32:42.020 --> 01:32:43.860]  All right, we are speaking right now
[01:32:43.860 --> 01:32:46.300]  with Mitchell from Texas.
[01:32:46.300 --> 01:32:48.340]  Mitchell, thank you for calling in.
[01:32:48.340 --> 01:32:50.100]  Again, thank you for holding.
[01:32:50.100 --> 01:32:51.900]  All right, so what else do you have for us?
[01:32:51.900 --> 01:32:54.860]  Okay, a quick comment on that whole
[01:32:54.860 --> 01:32:56.500]  indictment information thing,
[01:32:56.500 --> 01:32:58.660]  and then one follow-up question.
[01:32:58.660 --> 01:33:01.020]  So, Eddie, it took me a while, I guess,
[01:33:01.020 --> 01:33:03.700]  for it to sink in, what you've been harping on
[01:33:03.700 --> 01:33:07.580]  about the whole unconstitutionality of the complaint
[01:33:07.580 --> 01:33:09.540]  being used as a charging instrument.
[01:33:09.540 --> 01:33:13.460]  I actually should say I got that
[01:33:13.460 --> 01:33:14.980]  right from when you started saying it,
[01:33:14.980 --> 01:33:17.420]  but the complete illogic of it
[01:33:17.420 --> 01:33:21.300]  sort of just hit me within the past couple weeks
[01:33:21.300 --> 01:33:24.500]  because that complaint can be filed by anybody,
[01:33:24.500 --> 01:33:28.660]  and for it to be asserted that that can be turned around
[01:33:28.660 --> 01:33:33.660]  and just that instrument be used in the court
[01:33:34.500 --> 01:33:36.940]  is ridiculous because anyone-
[01:33:36.940 --> 01:33:39.100]  Right, it can't be a charging instrument
[01:33:39.100 --> 01:33:41.820]  because it is not guaranteed to be created
[01:33:41.820 --> 01:33:44.140]  by a competent fact witness,
[01:33:44.140 --> 01:33:46.220]  nor is it created by an authority
[01:33:46.220 --> 01:33:48.580]  that is knowledgeable in the establishment
[01:33:48.580 --> 01:33:50.660]  of the charge under law.
[01:33:50.660 --> 01:33:52.780]  See, the difference is a charging instrument
[01:33:52.780 --> 01:33:57.740]  has to have a different level of detail than a complaint.
[01:33:57.740 --> 01:33:59.660]  The charging instrument must cite
[01:33:59.660 --> 01:34:03.060]  all of the necessary elements required to be proven.
[01:34:03.060 --> 01:34:05.380]  The complaint does not.
[01:34:07.460 --> 01:34:08.740]  That's the biggest issues,
[01:34:08.740 --> 01:34:11.020]  and it's not just that it's unconstitutional.
[01:34:11.020 --> 01:34:12.860]  It violates statute as well.
[01:34:13.900 --> 01:34:16.900]  And just plain logic because I could file a complaint,
[01:34:16.900 --> 01:34:19.900]  and to assert that just because I filed a complaint
[01:34:19.900 --> 01:34:23.940]  that obligates the prosecutor to use that
[01:34:23.940 --> 01:34:26.900]  as the charging instrument is just absurd.
[01:34:26.900 --> 01:34:27.740]  No, they can't.
[01:34:27.740 --> 01:34:30.460]  There has to be a competent fact witness.
[01:34:30.460 --> 01:34:33.140]  Right, who reviews that and then puts it into,
[01:34:33.140 --> 01:34:35.180]  in this case, an indictment or information.
[01:34:35.180 --> 01:34:37.020]  Okay, so getting back-
[01:34:37.020 --> 01:34:40.700]  He still is not a competent fact witness for that purpose.
[01:34:40.700 --> 01:34:43.180]  He's not putting it into an indictment or information
[01:34:43.180 --> 01:34:46.180]  because he's a competent fact witness.
[01:34:46.180 --> 01:34:48.660]  He is knowledgeable in what the requirements
[01:34:48.660 --> 01:34:50.860]  of the charging instrument are
[01:34:50.860 --> 01:34:53.740]  in order for it to be valid in law
[01:34:53.740 --> 01:34:56.820]  to properly charge the accused,
[01:34:56.820 --> 01:34:59.420]  whoever that may be, of whatever crime.
[01:34:59.420 --> 01:35:00.260]  The competent-
[01:35:00.260 --> 01:35:01.660]  He's not signing the charging instrument
[01:35:01.660 --> 01:35:04.260]  because he's a competent fact witness.
[01:35:04.260 --> 01:35:06.900]  The competent fact witness is the person
[01:35:06.900 --> 01:35:09.140]  who has firsthand knowledge of the crime.
[01:35:09.140 --> 01:35:11.180]  It's like Randy says,
[01:35:11.180 --> 01:35:13.060]  he can file a criminal complaint
[01:35:13.060 --> 01:35:16.420]  if somebody told him a crime has been committed,
[01:35:16.420 --> 01:35:20.020]  but that prosecution cannot commence until the witness,
[01:35:20.020 --> 01:35:22.820]  the actual witness, files some kind of affidavit
[01:35:22.820 --> 01:35:24.740]  or steps forward to put his name
[01:35:24.740 --> 01:35:27.580]  and his story under perjury.
[01:35:27.580 --> 01:35:28.860]  So in this case,
[01:35:29.860 --> 01:35:33.340]  just a worker down at the municipal court building
[01:35:33.340 --> 01:35:37.380]  who reads a citation
[01:35:37.380 --> 01:35:41.060]  and takes whatever the policeman wrote down
[01:35:41.060 --> 01:35:43.620]  and translates that into a complaint
[01:35:43.620 --> 01:35:46.300]  and affixes his or her name to that,
[01:35:46.300 --> 01:35:48.660]  that is not a competent fact witness.
[01:35:48.660 --> 01:35:49.500]  No way.
[01:35:49.500 --> 01:35:50.780]  Not unless that court- No, they're not.
[01:35:50.780 --> 01:35:53.620]  Not unless the court clerk was a witness
[01:35:53.620 --> 01:35:54.580]  to the activity.
[01:35:54.580 --> 01:35:55.580]  No way.
[01:35:55.580 --> 01:35:56.420]  Well, okay.
[01:35:56.420 --> 01:35:59.140]  But there's also a secondary problem with that.
[01:35:59.140 --> 01:36:02.500]  An affidavit, which is what a complaint is,
[01:36:02.500 --> 01:36:05.700]  cannot be signed in an official capacity.
[01:36:05.700 --> 01:36:09.300]  If the clerk is signing and creating these affidavits
[01:36:09.300 --> 01:36:12.900]  in their official capacity as a part of their job,
[01:36:12.900 --> 01:36:15.740]  then they're embezzling funds
[01:36:15.740 --> 01:36:17.020]  while they're sitting there all day
[01:36:17.020 --> 01:36:18.980]  creating and signing complaints.
[01:36:18.980 --> 01:36:20.540]  That's not what's happening.
[01:36:20.540 --> 01:36:23.540]  Someone in that office is the,
[01:36:23.540 --> 01:36:25.180]  you know, someone whose job it is
[01:36:25.180 --> 01:36:28.620]  is to translate these citations into complaints
[01:36:28.620 --> 01:36:31.820]  is doing that, putting his or her name on it,
[01:36:31.820 --> 01:36:34.340]  and then the clerk is merely the witness,
[01:36:34.340 --> 01:36:38.900]  essentially the notary to that affidavit, to that complaint.
[01:36:38.900 --> 01:36:41.060]  Right, which is exactly what I'm talking about.
[01:36:41.060 --> 01:36:44.340]  You have one clerk attempting to create the complaint
[01:36:44.340 --> 01:36:46.260]  as the complainant,
[01:36:46.260 --> 01:36:48.340]  and then you have another one verifying
[01:36:48.340 --> 01:36:51.300]  that clerk's signature on that complaint.
[01:36:51.300 --> 01:36:52.140]  I think we're-
[01:36:52.140 --> 01:36:55.060]  Most of them are working together
[01:36:55.060 --> 01:36:59.940]  in their professional capacity to create that document,
[01:36:59.940 --> 01:37:02.740]  which means they're embezzling money
[01:37:02.740 --> 01:37:04.940]  if they're on the public clock
[01:37:04.940 --> 01:37:07.260]  because they can only sign an affidavit
[01:37:07.260 --> 01:37:09.980]  in their personal capacities.
[01:37:09.980 --> 01:37:14.620]  Is there this competent fact witness?
[01:37:14.620 --> 01:37:17.860]  Is that language actually in the code of criminal procedure?
[01:37:21.340 --> 01:37:23.940]  I don't know if it's in there or not.
[01:37:23.940 --> 01:37:26.100]  It's a requirement of due process
[01:37:26.100 --> 01:37:28.900]  and a requirement of conviction.
[01:37:29.820 --> 01:37:31.900]  Either there must be enough evidence
[01:37:31.900 --> 01:37:34.540]  to prove beyond a reasonable doubt,
[01:37:34.540 --> 01:37:37.020]  or there has to be a competent fact witness
[01:37:37.020 --> 01:37:38.740]  that saw the crime occur.
[01:37:38.740 --> 01:37:42.340]  You'll find that kind of thing in the rules of evidence.
[01:37:42.340 --> 01:37:44.940]  Well, I guess what I'm getting at is,
[01:37:44.940 --> 01:37:47.900]  and this is a sidetrack from the real question I had,
[01:37:47.900 --> 01:37:50.060]  but it sounds like what you're saying
[01:37:50.060 --> 01:37:53.340]  is the person who makes the complaint
[01:37:53.340 --> 01:37:56.820]  that's been used as the basis of the case
[01:37:56.820 --> 01:37:59.460]  can only be a competent fact witness,
[01:37:59.460 --> 01:38:02.020]  and essentially I'm asking where that stated.
[01:38:02.020 --> 01:38:02.860]  No, no, no.
[01:38:02.860 --> 01:38:04.300]  That's not the case.
[01:38:04.300 --> 01:38:09.300]  There must be an affidavit that at trial,
[01:38:10.340 --> 01:38:14.620]  someone, the only thing that can be testified to
[01:38:14.620 --> 01:38:16.740]  is personal knowledge.
[01:38:16.740 --> 01:38:18.460]  There can be no hearsay.
[01:38:18.460 --> 01:38:22.260]  For the purpose of filing the complaint,
[01:38:22.260 --> 01:38:26.100]  you can tell me that you saw Eddie commit
[01:38:26.100 --> 01:38:28.700]  this heinous crime, but you're terrified of Eddie.
[01:38:29.700 --> 01:38:31.260]  And you know that Eddie knows,
[01:38:31.260 --> 01:38:33.300]  so you're not gonna say a word about it.
[01:38:33.300 --> 01:38:34.620]  If I believe you,
[01:38:35.780 --> 01:38:38.100]  when you tell me that you saw him commit that crime,
[01:38:38.100 --> 01:38:41.260]  I have a duty to prepare a criminal complaint
[01:38:41.260 --> 01:38:42.140]  and go file it.
[01:38:42.140 --> 01:38:44.940]  I do not have to have personal knowledge.
[01:38:44.940 --> 01:38:48.540]  But in order to bring Eddie to trial and prosecute him,
[01:38:49.940 --> 01:38:54.060]  the court or the prosecutor will have to find someone
[01:38:54.060 --> 01:38:55.940]  with personal knowledge.
[01:38:57.140 --> 01:39:00.100]  They'll have to bring a competent fact witness
[01:39:00.100 --> 01:39:02.660]  who can produce evidence and hearsay
[01:39:02.660 --> 01:39:06.940]  according to the rules of evidence is not evidence.
[01:39:06.940 --> 01:39:10.420]  It's sufficient to file a complaint,
[01:39:10.420 --> 01:39:12.940]  but not sufficient to bring to trial.
[01:39:14.180 --> 01:39:15.660]  Does that make sense?
[01:39:15.660 --> 01:39:18.820]  I misunderstood the point you're raising.
[01:39:18.820 --> 01:39:21.380]  And yeah, generally that's my understanding too,
[01:39:21.380 --> 01:39:23.900]  that there needs to be obviously
[01:39:23.900 --> 01:39:25.340]  a proper charging instrument.
[01:39:25.340 --> 01:39:27.380]  Okay, the last question is,
[01:39:27.380 --> 01:39:32.380]  in the municipal court, there is typically,
[01:39:32.980 --> 01:39:34.860]  or at least the ones I've viewed
[01:39:34.860 --> 01:39:37.260]  or the one I viewed recently,
[01:39:37.260 --> 01:39:40.100]  there was no introduction of the prosecutor,
[01:39:40.100 --> 01:39:41.860]  no stating of their name,
[01:39:41.860 --> 01:39:45.340]  no stating of whether they're a municipal attorney
[01:39:45.340 --> 01:39:49.020]  or a municipal prosecutor or a county prosecutor.
[01:39:49.020 --> 01:39:51.860]  How can a,
[01:39:51.860 --> 01:39:54.940]  how can the court essentially be forced to say that?
[01:39:54.940 --> 01:39:59.300]  And what I'm getting at here is the provision of,
[01:39:59.300 --> 01:40:02.380]  I forget which article,
[01:40:02.380 --> 01:40:04.180]  I guess it's article five of the constitution
[01:40:04.180 --> 01:40:09.180]  that requires only a county attorney
[01:40:10.500 --> 01:40:12.620]  or district attorney or someone at that level
[01:40:12.620 --> 01:40:14.100]  to represent the state.
[01:40:14.100 --> 01:40:16.500]  So as the trial is proceeding
[01:40:16.500 --> 01:40:18.700]  or at the beginning of the trial,
[01:40:18.700 --> 01:40:25.700]  how is the court moved to state who the prosecutor is
[01:40:25.940 --> 01:40:30.620]  so that the defendant can then raise an objection?
[01:40:30.620 --> 01:40:32.740]  In what form would that objection take?
[01:40:35.580 --> 01:40:37.780]  Challenge to the authority of the prosecutor.
[01:40:39.980 --> 01:40:41.820]  Okay, so that's part two,
[01:40:41.820 --> 01:40:46.820]  but how is it known that the prosecutor
[01:40:46.820 --> 01:40:49.060]  is not a county attorney?
[01:40:50.260 --> 01:40:52.220]  I mean, do I say,
[01:40:52.220 --> 01:40:53.340]  do I raise my hand and say,
[01:40:53.340 --> 01:40:55.020]  hey, can you introduce everybody?
[01:40:57.260 --> 01:40:59.020]  No, I wanna know who it is
[01:40:59.020 --> 01:41:00.660]  that's serving as the prosecution
[01:41:00.660 --> 01:41:03.580]  and what authority they have to act in that capacity.
[01:41:03.580 --> 01:41:05.860]  Okay, so objection,
[01:41:05.860 --> 01:41:08.940]  I wanna know who is acting.
[01:41:08.940 --> 01:41:11.380]  You might wanna file that as a motion to the court
[01:41:11.380 --> 01:41:14.780]  to demand that the prosecutor identify himself
[01:41:14.780 --> 01:41:19.140]  and establish his authority to prosecute in the matter.
[01:41:19.140 --> 01:41:24.140]  So potentially prior to the one day or more prior to.
[01:41:26.340 --> 01:41:28.180]  I would want to do that.
[01:41:30.380 --> 01:41:31.820]  Have it in writing
[01:41:31.820 --> 01:41:35.100]  so you have had time to do all your homework
[01:41:35.100 --> 01:41:37.140]  and get it put in the way you want it.
[01:41:37.140 --> 01:41:40.220]  If you try to do it in court, you screw it up.
[01:41:41.300 --> 01:41:42.260]  But have it in writing,
[01:41:42.260 --> 01:41:44.860]  you can hand it to him in court when the prosecutor,
[01:41:44.860 --> 01:41:46.140]  when the prosecutor shows up
[01:41:46.140 --> 01:41:48.300]  and he doesn't explain who he is,
[01:41:48.300 --> 01:41:51.140]  then hand him a motion
[01:41:51.140 --> 01:41:53.460]  objecting to the prosecuting attorney
[01:41:53.460 --> 01:41:57.180]  as you have no idea who this person is.
[01:41:57.180 --> 01:42:00.180]  You want him to prove up his standing
[01:42:00.180 --> 01:42:03.300]  to act as a prosecuting attorney for the state of Texas.
[01:42:03.300 --> 01:42:05.380]  But it seems to me at that point,
[01:42:05.380 --> 01:42:06.820]  once I walk in the courtroom,
[01:42:06.820 --> 01:42:09.700]  everything's gotta be done through the judge.
[01:42:09.700 --> 01:42:14.020]  All functions or all things happening in the court
[01:42:14.020 --> 01:42:16.220]  are sort of done at his direction.
[01:42:16.220 --> 01:42:21.220]  So my tendency is to think sort of what Eddie said
[01:42:22.940 --> 01:42:25.060]  and don't let me put words into your mouth, Eddie,
[01:42:25.060 --> 01:42:28.380]  but essentially object when they start the proceeding,
[01:42:28.380 --> 01:42:31.260]  potentially object at that point and say,
[01:42:33.020 --> 01:42:35.860]  I demand that the prosecution
[01:42:35.860 --> 01:42:38.140]  or the attorney for the prosecution
[01:42:38.140 --> 01:42:42.380]  be known or introduced or stated
[01:42:42.380 --> 01:42:43.460]  or what their position is
[01:42:43.460 --> 01:42:46.460]  or what authority they have to prosecute this case.
[01:42:50.220 --> 01:42:52.900]  Yeah, that would be the general idea.
[01:42:52.900 --> 01:42:53.740]  Okay.
[01:42:53.740 --> 01:42:56.420]  You could also demand his credentials through discovery.
[01:42:57.660 --> 01:42:59.740]  Well, but see, at this point,
[01:42:59.740 --> 01:43:02.340]  I don't know anything about the prosecution
[01:43:02.340 --> 01:43:05.260]  because all that was sent in the mail was a letter-
[01:43:05.260 --> 01:43:07.620]  That's why you do discovery.
[01:43:07.620 --> 01:43:10.060]  That's why you file a motion to discover
[01:43:10.060 --> 01:43:13.500]  who the prosecutor is and what his credentials are.
[01:43:14.780 --> 01:43:15.620]  Got it.
[01:43:15.620 --> 01:43:16.460]  Okay, makes sense.
[01:43:18.540 --> 01:43:20.060]  All right, good deal.
[01:43:20.060 --> 01:43:21.300]  All right, thank you, Mitchell.
[01:43:21.300 --> 01:43:23.140]  Thanks for calling and thanks for holding.
[01:43:23.140 --> 01:43:24.340]  Sure, bye.
[01:43:24.340 --> 01:43:26.060]  Okay, folks, we're just about to go to break.
[01:43:26.060 --> 01:43:27.820]  So we're gonna wait till we get back on the other side
[01:43:27.820 --> 01:43:30.140]  before we start taking any more calls.
[01:43:30.140 --> 01:43:33.580]  We've got Jason from Texas, Chris from Texas on the line.
[01:43:33.580 --> 01:43:36.260]  We're gonna go to Jason first and then Chris.
[01:43:36.260 --> 01:43:37.940]  So gentlemen, if you just hang on the line,
[01:43:37.940 --> 01:43:40.020]  we've got one more segment tonight
[01:43:40.020 --> 01:43:43.220]  here on the Rule of Law, ruleoflawradio.com.
[01:43:43.220 --> 01:43:47.220]  I'm Debra Stevens here with my esteemed co-host,
[01:43:47.220 --> 01:43:49.180]  Eddie Craig and Randall Kelton.
[01:43:49.180 --> 01:43:51.660]  We'll be right back, so just stay right there.
[01:44:00.100 --> 01:44:00.940]  Hey, did you hear?
[01:44:00.940 --> 01:44:03.300]  Ron Paul's announced he's running for president in 2012.
[01:44:03.300 --> 01:44:04.380]  Who's Ron Paul?
[01:44:04.380 --> 01:44:05.220]  Really?
[01:44:05.220 --> 01:44:06.860]  Hey, put down the cell phone for one minute.
[01:44:06.860 --> 01:44:09.060]  Your friends really don't care about your Twitter updates
[01:44:09.060 --> 01:44:10.220]  on what you had for breakfast.
[01:44:10.220 --> 01:44:11.980]  Oh, but I love to make those little smiley faces
[01:44:11.980 --> 01:44:13.180]  with punctuation marks.
[01:44:13.180 --> 01:44:14.340]  Of course you do.
[01:44:14.340 --> 01:44:16.740]  Now listen closely, you need to go down to Brave New Books
[01:44:16.740 --> 01:44:18.460]  and learn as much as you can about Ron Paul
[01:44:18.460 --> 01:44:20.220]  and his message before it's too late.
[01:44:20.220 --> 01:44:21.340]  They have all of his books
[01:44:21.340 --> 01:44:22.940]  and many of the books he talks about.
[01:44:22.940 --> 01:44:25.580]  They also have t-shirts, bumper stickers and yard signs
[01:44:25.580 --> 01:44:26.980]  so that you can show your support for him
[01:44:26.980 --> 01:44:27.900]  during the campaign.
[01:44:27.900 --> 01:44:28.900]  Brave New Books?
[01:44:28.900 --> 01:44:30.940]  Do they have Harry Potter and Twilight?
[01:44:30.940 --> 01:44:33.620]  No, but they do carry a large selection of survival
[01:44:33.620 --> 01:44:35.500]  and preparedness books to protect your family
[01:44:35.500 --> 01:44:36.660]  in time of emergency.
[01:44:36.660 --> 01:44:39.380]  Ugh, that sounds like that show on the Discovery Channel.
[01:44:39.380 --> 01:44:41.420]  Yeah, there's even a wilderness survival expert
[01:44:41.420 --> 01:44:43.460]  that teaches classes called Earth Skills School
[01:44:43.460 --> 01:44:45.220]  that you can sign up for on the website
[01:44:45.220 --> 01:44:46.900]  bravenewbookstore.com.
[01:44:46.900 --> 01:44:47.740]  What are you doing?
[01:44:47.740 --> 01:44:49.380]  I'm tweeting all my friends that they should go
[01:44:49.380 --> 01:44:52.500]  to bravenewbookstore.com or down to the bookstore in person.
[01:44:52.500 --> 01:44:53.620]  Where's it located?
[01:44:53.620 --> 01:44:55.300]  1904 Guadalupe Street.
[01:44:55.300 --> 01:44:56.300]  There, it's sent.
[01:44:56.300 --> 01:44:57.860]  I even made a smiley face.
[01:44:57.860 --> 01:44:58.700]  Great.
[01:44:58.700 --> 01:45:01.980]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:18.620 --> 01:45:20.900]  know what you should do for yourself.
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[01:45:38.420 --> 01:45:40.500]  about the principles and practices
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[01:45:42.860 --> 01:45:46.140]  You'll receive our audio classroom, video seminar,
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[01:45:51.660 --> 01:45:55.940]  Please visit ruleoflawradio.com and click on the banner
[01:45:55.940 --> 01:45:59.980]  or call toll-free, 866-LAW-EASY.
[01:45:59.980 --> 01:46:26.500]  Hello? Oh, man, get in jail? You got busted now? Oh, man, I'm broke, dude.
[01:46:26.500 --> 01:46:40.500]  All right, somebody is going to police the policeman.
[01:46:40.500 --> 01:46:43.740]  Somebody is going to bully the bully. That would be us.
[01:46:43.740 --> 01:46:50.020]  We are bringing truth and justice here to the earth with our Lord Jesus.
[01:46:50.020 --> 01:46:51.460]  We are taking your calls.
[01:46:51.460 --> 01:46:54.380]  It is the final segment of the rule of law.
[01:46:54.380 --> 01:46:56.180]  Randy Kelton, Eddie Craig, Deborah Stevens.
[01:46:56.180 --> 01:46:58.300]  We're going to Jason from Texas.
[01:46:58.300 --> 01:47:00.100]  Jason, thank you for calling in.
[01:47:00.100 --> 01:47:02.820]  What is your question for us tonight?
[01:47:02.820 --> 01:47:06.140]  Hey, Deborah. Speaking of police and the police, ma'am,
[01:47:06.140 --> 01:47:07.860]  I've got a situation going on.
[01:47:07.860 --> 01:47:12.740]  I called last week and talked to you all about examining courts,
[01:47:12.740 --> 01:47:17.300]  but I've got to set the table here because I've got a pretrial coming up.
[01:47:17.300 --> 01:47:18.980]  Real quick, quick run through.
[01:47:18.980 --> 01:47:21.740]  Almost two years ago, too much sort of two years ago,
[01:47:21.740 --> 01:47:24.820]  I was arrested from my house for unlawful carry of a weapon
[01:47:24.820 --> 01:47:29.220]  where the police said my pistol was in plain view and it was not.
[01:47:29.220 --> 01:47:32.740]  Okay, fast forward to today, two months short of two years.
[01:47:32.740 --> 01:47:37.380]  They're going to call me for a pretrial next Thursday.
[01:47:37.380 --> 01:47:40.900]  In the meantime, I guess in the end of March, in a separate incident,
[01:47:40.900 --> 01:47:44.020]  I was detained by the police without probable cause
[01:47:44.020 --> 01:47:47.780]  after I asked them to take an accident report.
[01:47:47.780 --> 01:47:48.900]  And when they refused to do that,
[01:47:48.900 --> 01:47:51.140]  I asked them to take criminal complaint for assault
[01:47:51.140 --> 01:47:54.340]  because of the way the accident went down, and they refused.
[01:47:54.340 --> 01:47:56.780]  And after I asked for their badge numbers and names,
[01:47:56.780 --> 01:48:00.460]  they detained me for about 45 minutes.
[01:48:00.460 --> 01:48:07.300]  So I do have a lawyer for my gun charge, which is Class A misdemeanor,
[01:48:07.300 --> 01:48:08.980]  and I'm looking at his motions here.
[01:48:08.980 --> 01:48:11.860]  He really isn't addressing due process.
[01:48:11.860 --> 01:48:14.540]  I mean, he has something to suppress evidence,
[01:48:14.540 --> 01:48:16.740]  but I don't think that's really going to fly.
[01:48:16.740 --> 01:48:20.980]  I sent him a letter, a certified letter, first of this month,
[01:48:20.980 --> 01:48:23.540]  requesting that he defend my due process rights.
[01:48:23.540 --> 01:48:27.140]  I never heard from him, so I filed a bar grievance against him last week.
[01:48:27.140 --> 01:48:32.940]  And because in the second incident, the police did detain me
[01:48:32.940 --> 01:48:35.740]  with no probable cause, I've written up criminal complaints
[01:48:35.740 --> 01:48:37.980]  for those four officers.
[01:48:37.980 --> 01:48:43.500]  Now, my question is, you know, you guys are always talking about terms of art
[01:48:43.500 --> 01:48:44.660]  and all that.
[01:48:44.660 --> 01:48:45.220]  Here I am.
[01:48:45.220 --> 01:48:47.340]  I'm facing the Class C misdemeanor.
[01:48:47.340 --> 01:48:49.140]  I know I have a lawyer that ain't going to fight for me,
[01:48:49.140 --> 01:48:51.340]  so I'm going to have to handle him.
[01:48:51.340 --> 01:48:54.260]  We'll see how he acts after he signs up about the bar grievance.
[01:48:54.260 --> 01:48:56.340]  But next Thursday, I'm going to court.
[01:48:56.340 --> 01:49:00.860]  My question is, should I take my criminal complaints
[01:49:00.860 --> 01:49:04.420]  against the officers who illegally detained me for 45 minutes
[01:49:04.420 --> 01:49:09.100]  and try to give them to the prosecutor in my case
[01:49:09.100 --> 01:49:13.980]  and get her to refuse to take them?
[01:49:13.980 --> 01:49:16.380]  I don't see why not.
[01:49:16.380 --> 01:49:18.580]  I mean, you see, I'm kind of back in a corner here,
[01:49:18.580 --> 01:49:22.220]  and I'm looking for anything that I can get, you know,
[01:49:22.220 --> 01:49:23.260]  so long as it's legit.
[01:49:27.020 --> 01:49:28.420]  Randy, you want to jump in?
[01:49:28.420 --> 01:49:32.140]  Well, the problem I have with the gun issue
[01:49:32.140 --> 01:49:35.820]  is I don't know what your position is.
[01:49:35.820 --> 01:49:40.820]  If you have one officer claiming that your weapon was in plain sight
[01:49:40.820 --> 01:49:45.740]  and you're saying that it wasn't, that goes to the merits,
[01:49:45.740 --> 01:49:48.620]  then they'll always believe the officer
[01:49:48.620 --> 01:49:52.860]  because they know the officers always lie artfully.
[01:49:52.860 --> 01:49:54.460]  Right.
[01:49:54.460 --> 01:49:58.500]  Because they got a lot of practice.
[01:49:58.500 --> 01:50:04.460]  If your attorney is not addressing your due process issues,
[01:50:04.460 --> 01:50:10.660]  then you might go online and look at that questionnaire I just put up
[01:50:10.660 --> 01:50:14.580]  and go down to section three
[01:50:14.580 --> 01:50:16.460]  and read those questions.
[01:50:16.460 --> 01:50:20.860]  They go to the things he's supposed to do and file a start,
[01:50:20.860 --> 01:50:25.300]  you know, let him know that for every due process right you have
[01:50:25.300 --> 01:50:28.220]  that they violated and he doesn't adjudicate,
[01:50:28.220 --> 01:50:29.980]  you'll grieve him for it,
[01:50:29.980 --> 01:50:35.820]  and you're more than prepared to file a malpractice suit against him.
[01:50:35.820 --> 01:50:39.900]  And the thing I told my attorney first
[01:50:39.900 --> 01:50:42.260]  was that he was going to try to get removed from the case,
[01:50:42.260 --> 01:50:44.700]  and when he did, I was going to tell the judge,
[01:50:44.700 --> 01:50:49.100]  don't you dare remove him from the case, he's my attorney of choice,
[01:50:49.100 --> 01:50:50.940]  and the judge is going to remove you from the case,
[01:50:50.940 --> 01:50:52.700]  and then I'm going to sue the judge.
[01:50:52.700 --> 01:50:55.580]  That warned him against trying to get removed,
[01:50:55.580 --> 01:50:58.260]  and he didn't do that.
[01:50:58.260 --> 01:50:59.460]  You need to let him know.
[01:50:59.460 --> 01:51:01.420]  If he tries to get removed from the case,
[01:51:01.420 --> 01:51:03.500]  you'll grieve him for that and sue him for that,
[01:51:03.500 --> 01:51:06.140]  him and the judge both for that one.
[01:51:06.140 --> 01:51:07.140]  OK.
[01:51:07.140 --> 01:51:11.900]  Give your attorney plausible deniability.
[01:51:11.900 --> 01:51:12.900]  Right, right.
[01:51:12.900 --> 01:51:15.540]  I've heard you say that before.
[01:51:15.540 --> 01:51:19.380]  Like I say, I sent him a certified letter at the beginning of this month.
[01:51:19.380 --> 01:51:23.900]  Being that it's the 23rd, it's now seven days to the 30th,
[01:51:23.900 --> 01:51:25.740]  and I checked the record and he didn't file anything
[01:51:25.740 --> 01:51:29.220]  other than what was there previous to my letter.
[01:51:29.220 --> 01:51:31.940]  So I'm thinking that he's probably going to get there
[01:51:31.940 --> 01:51:34.340]  and go through the motions of,
[01:51:34.340 --> 01:51:36.900]  he didn't file four motions, a Brady motion,
[01:51:36.900 --> 01:51:40.180]  a motion to list witnesses and request for criminal histories,
[01:51:40.180 --> 01:51:42.980]  but see, getting back to the position of the gun
[01:51:42.980 --> 01:51:44.420]  that you were talking about,
[01:51:44.420 --> 01:51:46.660]  I was pulled over because somebody called 911
[01:51:46.660 --> 01:51:49.140]  and said that somebody did a drive-by from a white van,
[01:51:49.140 --> 01:51:51.220]  which I have a white van,
[01:51:51.220 --> 01:51:53.420]  and the police pulled me over in front of my house.
[01:51:53.420 --> 01:51:56.500]  At gunpoint, felony stopped, six officers,
[01:51:56.500 --> 01:51:57.500]  and they went through,
[01:51:57.500 --> 01:51:59.740]  they put me in one car, put my girlfriend in another,
[01:51:59.740 --> 01:52:02.500]  and went through looking with whatever they were looking for.
[01:52:02.500 --> 01:52:03.500]  I didn't know what was going on.
[01:52:03.500 --> 01:52:04.500]  Nobody gave me answers.
[01:52:04.500 --> 01:52:06.660]  And when one of them came back to me and said,
[01:52:06.660 --> 01:52:09.820]  well, we stopped you because, you know, somebody called 911,
[01:52:09.820 --> 01:52:11.060]  and me being an idiot, I said,
[01:52:11.060 --> 01:52:12.300]  well, I wasn't doing any shooting,
[01:52:12.300 --> 01:52:13.620]  but I do have my pistol with me.
[01:52:13.620 --> 01:52:14.460]  They said, where is it?
[01:52:14.460 --> 01:52:15.460]  I told them.
[01:52:15.460 --> 01:52:18.220]  And then they came back and told me it was in plain view.
[01:52:18.220 --> 01:52:20.740]  So that's the position on that deal.
[01:52:20.740 --> 01:52:24.900]  But I'm guessing that based on these motions that he filed,
[01:52:24.900 --> 01:52:27.340]  he's addressing the 911 call,
[01:52:27.340 --> 01:52:29.740]  which is what they used as probable cause to stop me,
[01:52:29.740 --> 01:52:32.980]  but absolutely not what they charged me for.
[01:52:32.980 --> 01:52:33.820]  So these motions-
[01:52:33.820 --> 01:52:35.100]  That's okay.
[01:52:35.100 --> 01:52:37.260]  If you were driving a white van
[01:52:37.260 --> 01:52:40.660]  and they did, in fact, have a 911 call
[01:52:40.660 --> 01:52:43.020]  addressing a white van, which they may not,
[01:52:44.500 --> 01:52:48.300]  and that would give them probable cause to stop and search.
[01:52:48.300 --> 01:52:49.140]  Sure.
[01:52:49.140 --> 01:52:49.980]  And they did.
[01:52:49.980 --> 01:52:50.820]  I checked that.
[01:52:50.820 --> 01:52:51.820]  That was one of the first things I checked.
[01:52:51.820 --> 01:52:55.380]  So these motions are addressing that 911 call, you know,
[01:52:55.380 --> 01:52:58.860]  a motion to list witnesses and a Brady motion
[01:52:58.860 --> 01:53:01.940]  and a motion to suppress illegally seized evidence.
[01:53:01.940 --> 01:53:04.860]  That all doesn't apply because that was for the 911 call.
[01:53:04.860 --> 01:53:08.220]  Well, Jason, how long were they searching your van
[01:53:08.220 --> 01:53:11.820]  while you were being held elsewhere?
[01:53:12.740 --> 01:53:13.900]  It was about 15 minutes.
[01:53:13.900 --> 01:53:17.460]  Okay, so Randy, don't you think that there's something
[01:53:17.460 --> 01:53:19.540]  that Jason can do or say here,
[01:53:19.540 --> 01:53:21.460]  some kind of motion that he can file to say,
[01:53:21.460 --> 01:53:23.620]  how can these officers say that his pistol
[01:53:23.620 --> 01:53:25.620]  was in plain view when they searched the van
[01:53:25.620 --> 01:53:27.820]  for 15 minutes and didn't find it?
[01:53:27.820 --> 01:53:29.220]  Come on.
[01:53:29.220 --> 01:53:30.060]  It's ridiculous.
[01:53:30.060 --> 01:53:33.460]  No, they're gonna say they found the pistol early
[01:53:33.460 --> 01:53:36.380]  and then search the rest of the van for another one.
[01:53:36.380 --> 01:53:39.380]  Wait, Jason, did they say they found it right off the bat
[01:53:39.380 --> 01:53:40.900]  or did they say they found it
[01:53:40.900 --> 01:53:43.100]  after you told them where it was?
[01:53:43.100 --> 01:53:44.660]  In the officer's narrative,
[01:53:44.660 --> 01:53:46.900]  it states that upon contact with officers,
[01:53:46.900 --> 01:53:49.820]  I notified them that I did have a pistol
[01:53:49.820 --> 01:53:51.780]  to which they later approached the van
[01:53:51.780 --> 01:53:55.220]  and can see the butt of the pistol sticking out
[01:53:55.220 --> 01:53:57.340]  of the console from both the passenger and the driver.
[01:53:57.340 --> 01:53:58.580]  Okay, so they lied.
[01:53:58.580 --> 01:54:01.900]  They weren't notified by you on contact.
[01:54:01.900 --> 01:54:05.140]  They were notified by you 15 minutes later.
[01:54:05.140 --> 01:54:05.980]  Right.
[01:54:05.980 --> 01:54:10.980]  So have you subpoenaed the officer's recording devices yet
[01:54:11.420 --> 01:54:13.980]  to prove that what they're saying is a lie?
[01:54:13.980 --> 01:54:16.220]  Yes, I went down and made an open records request.
[01:54:16.220 --> 01:54:19.180]  There's no such video, no such audio.
[01:54:19.180 --> 01:54:22.540]  And also I couldn't even find a recording
[01:54:22.540 --> 01:54:24.340]  of my quote, unquote, magistration,
[01:54:24.340 --> 01:54:26.820]  which they're required to keep for 90 days.
[01:54:26.820 --> 01:54:28.340]  Could never get that either.
[01:54:28.340 --> 01:54:31.260]  But anyway, so here I am.
[01:54:31.260 --> 01:54:32.780]  You can say my back's against the wall
[01:54:32.780 --> 01:54:35.060]  because it's my word against theirs.
[01:54:35.060 --> 01:54:37.260]  These- Until you get the recording device
[01:54:37.260 --> 01:54:38.780]  to prove the truth.
[01:54:38.780 --> 01:54:40.180]  Well, there is none.
[01:54:40.180 --> 01:54:41.340]  Oh, okay.
[01:54:41.340 --> 01:54:42.180]  I went and made that open.
[01:54:42.180 --> 01:54:44.100]  There was, they keep,
[01:54:44.100 --> 01:54:46.460]  they always have a personal recording device.
[01:54:46.460 --> 01:54:48.060]  They're lying.
[01:54:48.060 --> 01:54:48.900]  Okay.
[01:54:48.900 --> 01:54:52.060]  You need to look to talk to some other policemen if you can
[01:54:52.060 --> 01:54:56.380]  and ask them if they keep personal recording devices.
[01:54:56.380 --> 01:54:58.980]  This would have been about two years ago.
[01:54:58.980 --> 01:55:00.500]  Okay, here's your problem.
[01:55:00.500 --> 01:55:02.820]  Your attorney's not going to do anything to help you
[01:55:02.820 --> 01:55:05.220]  unless you kick your attorney's butt.
[01:55:05.220 --> 01:55:06.060]  Right.
[01:55:06.060 --> 01:55:09.380]  And you'll have to go after your attorney
[01:55:09.380 --> 01:55:12.660]  and give your attorney a reason to get up off his behind.
[01:55:12.660 --> 01:55:13.500]  Right.
[01:55:13.500 --> 01:55:15.180]  And which I started the,
[01:55:15.180 --> 01:55:17.740]  I've got actually eight bar grievances made up.
[01:55:17.740 --> 01:55:19.700]  And I went on the State Bar website
[01:55:19.700 --> 01:55:24.020]  and looked at the Texas disciplinary rules.
[01:55:24.020 --> 01:55:26.420]  I guess I forget the full name of that document.
[01:55:26.420 --> 01:55:30.380]  But I've got eight bar grievances based on that document,
[01:55:30.380 --> 01:55:32.100]  you know, their conduct and stuff.
[01:55:32.100 --> 01:55:33.180]  And so I can go after them.
[01:55:33.180 --> 01:55:36.060]  But my problem is now is that we're seven days
[01:55:36.060 --> 01:55:38.060]  prior to pretrial, nothing can be filed.
[01:55:39.860 --> 01:55:41.660]  So that's why I was saying, you know,
[01:55:41.660 --> 01:55:44.180]  I'm looking for the last thing, you know,
[01:55:44.180 --> 01:55:46.580]  can I give these criminal charges to the prosecutor,
[01:55:46.580 --> 01:55:48.620]  you know, and try to get her to say no,
[01:55:48.620 --> 01:55:50.580]  and then, you know, file on her.
[01:55:50.580 --> 01:55:52.500]  Yeah, that won't help you in this case.
[01:55:52.500 --> 01:55:54.380]  You won't have time to help you.
[01:55:55.300 --> 01:55:56.140]  Okay.
[01:55:56.140 --> 01:55:56.980]  Okay.
[01:55:56.980 --> 01:55:58.940]  Because if you give them to the prosecutor,
[01:55:58.940 --> 01:56:01.460]  if she refuses to take them,
[01:56:01.460 --> 01:56:03.980]  then you'll have a claim to make against the prosecutor,
[01:56:03.980 --> 01:56:06.660]  but it'll have no effect on this case.
[01:56:07.580 --> 01:56:08.420]  Okay.
[01:56:09.940 --> 01:56:10.780]  All right, because I'm-
[01:56:10.780 --> 01:56:14.340]  You can almost be absolutely certain
[01:56:14.340 --> 01:56:17.180]  that before you get to trial,
[01:56:17.180 --> 01:56:19.580]  they're gonna wanna deal this out.
[01:56:19.580 --> 01:56:22.580]  Right, and I'm absolutely not going to do that.
[01:56:22.580 --> 01:56:25.300]  You know, if you read the officer's narrative,
[01:56:25.300 --> 01:56:27.540]  any, of course, I realize illegally,
[01:56:27.540 --> 01:56:28.380]  there's something different,
[01:56:28.380 --> 01:56:31.460]  but any common person that reads this
[01:56:31.460 --> 01:56:33.620]  would read that and says, wait a minute,
[01:56:33.620 --> 01:56:36.500]  he told you immediately upon contact he had a gun.
[01:56:36.500 --> 01:56:37.980]  Everything in this whole narrative
[01:56:37.980 --> 01:56:40.020]  does not stay criminal at all.
[01:56:40.020 --> 01:56:41.980]  I mean, if anything, it says I'm upstanding
[01:56:41.980 --> 01:56:45.020]  for telling this guy that I had a pistol with me, you know?
[01:56:45.020 --> 01:56:45.860]  So.
[01:56:46.740 --> 01:56:49.900]  Okay, what is the actual charge?
[01:56:50.780 --> 01:56:51.620]  46.02.
[01:56:51.620 --> 01:56:53.980]  46.02 unlawful carry weapon.
[01:56:55.220 --> 01:56:57.860]  And they did not address whether I was traveling or not,
[01:56:57.860 --> 01:57:01.060]  which is what I put in the letter to my attorney
[01:57:01.060 --> 01:57:03.500]  that nobody had addressed traveling.
[01:57:03.500 --> 01:57:05.740]  And if you remember, well, I don't know if you remember,
[01:57:05.740 --> 01:57:06.620]  could it take so many calls,
[01:57:06.620 --> 01:57:08.860]  but a couple of calls ago when I called in,
[01:57:08.860 --> 01:57:12.020]  we talked about exemptions or non-applicability
[01:57:12.020 --> 01:57:13.620]  and 45 point,
[01:57:15.300 --> 01:57:17.220]  46.15, I believe it is,
[01:57:17.220 --> 01:57:20.700]  it says it does not apply to 46.02
[01:57:20.700 --> 01:57:22.380]  unlawful carry weapons does not apply
[01:57:22.380 --> 01:57:24.180]  to a person who is traveling.
[01:57:24.180 --> 01:57:26.380]  Okay, well, there you go.
[01:57:26.380 --> 01:57:28.260]  Right, and it hasn't even been addressed.
[01:57:28.260 --> 01:57:29.780]  So, but once again,
[01:57:29.780 --> 01:57:32.140]  here we are seven days prior to pretrial
[01:57:32.140 --> 01:57:33.380]  and nothing can be filed.
[01:57:34.860 --> 01:57:36.500]  Then you file it at trial.
[01:57:36.500 --> 01:57:40.140]  You might file a motion for continuance
[01:57:40.140 --> 01:57:45.140]  and a motion objecting to ineffective counsel.
[01:57:45.620 --> 01:57:48.300]  And you can also file documents at the hearing.
[01:57:48.300 --> 01:57:50.500]  Okay.
[01:57:52.100 --> 01:57:54.620]  Okay, well, I guess I've got some motions to write up myself.
[01:57:54.620 --> 01:57:55.780]  You know, I was listening to you guys
[01:57:55.780 --> 01:57:57.420]  talking with Harmon about,
[01:57:58.700 --> 01:58:01.420]  you know, people filing motions in their defense
[01:58:01.420 --> 01:58:02.700]  when they have counsel.
[01:58:02.700 --> 01:58:04.300]  And also you may want,
[01:58:04.300 --> 01:58:05.740]  you need to write up an affidavit
[01:58:05.740 --> 01:58:07.700]  saying that you were traveling
[01:58:07.700 --> 01:58:10.340]  so that you can put that in the record
[01:58:10.340 --> 01:58:14.380]  that 46.02 doesn't apply because you were traveling.
[01:58:14.380 --> 01:58:15.860]  Right, okay, well, I'll get busy writing.
[01:58:15.860 --> 01:58:16.700]  Thank y'all.
[01:58:16.700 --> 01:58:18.220]  Okay, thank you, Jason.
[01:58:18.220 --> 01:58:19.980]  All right, I'm sorry, Chris, Randy,
[01:58:19.980 --> 01:58:20.980]  we don't have any more time.
[01:58:20.980 --> 01:58:22.740]  We are out of time right now.
[01:58:22.740 --> 01:58:23.700]  Tomorrow night, however,
[01:58:23.700 --> 01:58:27.340]  we do have our four-hour Friday info marathon
[01:58:27.340 --> 01:58:28.580]  from 8 p.m. to midnight.
[01:58:28.580 --> 01:58:30.580]  So please call back in.
[01:58:30.580 --> 01:58:31.900]  Please tune in.
[01:58:31.900 --> 01:58:33.860]  Tomorrow night, we've got Axiom for Liberty
[01:58:33.860 --> 01:58:35.380]  at 6 p.m. Central time.
[01:58:35.380 --> 01:58:37.140]  And then we come on at eight.
[01:58:37.140 --> 01:58:40.140]  So folks, y'all have a very blessed evening
[01:58:40.140 --> 01:58:42.380]  and we will talk to y'all tomorrow night.
[01:58:42.380 --> 01:58:43.620]  God bless and good night.
[01:58:43.620 --> 01:58:48.620]  If you are a bully, treat me good.
[01:58:51.420 --> 01:58:56.420]  If you are a bully, a bully, I beg you, treat me good.
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