ROL_2011-07-14_16k.timecode
[00:00.000 --> 00:04.500] This news brief brought to you by the International Newsnet.
[00:04.500 --> 00:09.560] Thousands of Egyptians marched on the government's cabinet headquarters in Cairo Tuesday, demanding
[00:09.560 --> 00:12.600] the removal of the ruling military council.
[00:12.600 --> 00:14.520] Protesters defied warnings from the council.
[00:14.520 --> 00:20.120] It would use all legitimate means to end a five-day-old protest in Tahrir Square by demonstrators
[00:20.120 --> 00:25.840] of blocked traffic and stopped employees entering a government building.
[00:25.840 --> 00:30.920] Barack Obama said Tuesday he can't guarantee social security checks will go out after August
[00:30.920 --> 00:37.760] 2 unless Congress agrees to increase the federal government's $14.3 trillion debt ceiling.
[00:37.760 --> 00:42.960] Republicans say they won't vote for a higher debt ceiling without budget cuts.
[00:42.960 --> 00:47.320] The UN Working Group on Mercenaries is calling for an international body to regulate the
[00:47.320 --> 00:51.440] estimated 5,500 military contractors in Iraq.
[00:51.440 --> 00:55.680] As U.S. and Western military forces withdraw troops from Iraq and Afghanistan, there's
[00:55.680 --> 00:59.360] an increasing demand for mercenaries to provide security.
[00:59.360 --> 01:04.520] An international convention against the recruitment, use, financing and training of mercenaries
[01:04.520 --> 01:09.960] came into force in 2001, but few Western states ratified it.
[01:09.960 --> 01:16.040] The Nation magazine reported Tuesday the CIA is using a secret facility as well as a prison
[01:16.040 --> 01:19.520] in Somalia to fight al-Shabab insurgents.
[01:19.520 --> 01:24.520] The magazine says the facility protected by high walls is located in a corner of Mogadishu
[01:24.520 --> 01:25.840] International Airport.
[01:25.840 --> 01:30.640] The report added the CIA conducts training courses for Somali intelligence agents in
[01:30.640 --> 01:31.640] the compound.
[01:31.640 --> 01:36.360] It also has a secret prison in the basement of Somalia's national security agency building.
[01:36.360 --> 01:41.360] The CIA pays the salaries of Somali intelligence agents so as to avoid dealing with political
[01:41.360 --> 01:44.640] leaders who are considered corrupt and unreliable.
[01:44.640 --> 01:49.440] Detainees are reportedly interrogated by the CIA and French agents.
[01:49.440 --> 01:53.840] Some of the prisoners were arrested in Kenya and transferred to the secret prison by small
[01:53.840 --> 01:56.040] aircraft.
[01:56.040 --> 02:00.320] Greek protesters have been brandishing banners depicting a helicopter airlift, a reference
[02:00.320 --> 02:07.840] to 2001, when Argentine President Fernando de Leroy fled his palace to escape rioters.
[02:07.840 --> 02:10.480] Argentina then was stuck in a painful recession.
[02:10.480 --> 02:14.480] After several bailouts from the International Monetary Fund, the government imposed strict
[02:14.480 --> 02:19.800] austerity measures, but drastic public spending cuts only made the downturn worse.
[02:19.800 --> 02:24.440] In December 2001, the government slapped a limit on cash withdrawals to prevent a run
[02:24.440 --> 02:29.520] on the banks and the IMF pulled the plug hundreds of thousands of Argentinians took to the
[02:29.520 --> 02:32.560] streets causing the government to be overthrown.
[02:32.560 --> 02:37.360] The government defaulted on its debts, suspending repayments on some of its bonds.
[02:37.360 --> 02:42.360] The peso plummeted 75% within months and the economy slumped.
[02:42.360 --> 02:47.960] Yet the default and devaluation enabled Argentina to regain control of its monetary policy.
[02:47.960 --> 03:16.200] By the second quarter of 2002, Argentina had bounced back.
[05:48.080 --> 05:55.280] People who think all of a sudden it's become terrible in the U.S. that things have just
[05:55.280 --> 06:02.800] deteriorated to a horrible place, you look back in history it's always been this way.
[06:02.800 --> 06:05.800] Nobody's ever won their cases because the law was on their side.
[06:05.800 --> 06:11.000] We've never ever had a just legal system in this country.
[06:11.000 --> 06:15.080] I don't think there's ever been a just legal system in any country.
[06:15.080 --> 06:23.240] It's all smoke and mirrors, all just to pacify the masses, but in any case, so it ain't
[06:23.240 --> 06:28.880] worse than it's always been, it's always been pretty bad.
[06:28.880 --> 06:33.160] We have better communications now, we're more aware of it, and we're in a better position
[06:33.160 --> 06:36.640] to fix it.
[06:36.640 --> 06:43.440] But first we need to get over this romantic notion that people will do what they're supposed
[06:43.440 --> 06:50.640] to do, that people will do the right thing because it's the right thing.
[06:50.640 --> 06:57.560] Now they might do that, but it behooves us to conduct ourselves as if they won't.
[06:57.560 --> 07:05.280] If they do, we don't have to resort to other matters, other techniques, but if they don't,
[07:05.280 --> 07:11.080] we won't be shocked and surprised into helplessness.
[07:11.080 --> 07:19.480] So we should always assume the other side is going to do the worst and plan for it.
[07:19.480 --> 07:26.480] And with the due process procedures we've been talking about, not just what all they're
[07:26.480 --> 07:32.320] doing wrong, but what you can do about it, it's becoming more and more clear that if
[07:32.320 --> 07:40.360] we're going to fix this system, this is how we're going to do it, make it hot for them.
[07:40.360 --> 07:46.600] Now, what I would like to do for those who haven't heard it before, and even for those
[07:46.600 --> 07:52.360] who have, it's good to hear again about due process.
[07:52.360 --> 08:01.880] And here we're talking about criminal due process having to do with arrest and imprisonment.
[08:01.880 --> 08:08.040] I know Katie talks a lot about the traffic issue.
[08:08.040 --> 08:11.760] Well, we're going to talk about the criminal issue.
[08:11.760 --> 08:20.600] If a policeman, okay, before we get to that, we're not going to talk about elements.
[08:20.600 --> 08:27.880] With the system as corrupt as it is, if you go to the elements of the crime, they will
[08:27.880 --> 08:33.960] always find you guilty, unless you are very wealthy and have a very expensive lawyer who
[08:33.960 --> 08:37.520] can pay off all the judges.
[08:37.520 --> 08:42.840] If you can't buy all the judges, they're going to find you guilty as a matter of course.
[08:42.840 --> 08:44.800] It's all about the money.
[08:44.800 --> 08:50.320] Either you're going to give the money to the judges, or the judges are going to take the
[08:50.320 --> 08:53.360] money away from you and give it to the state.
[08:53.360 --> 08:57.680] But in either case, it's always about the money.
[08:57.680 --> 09:03.560] And that's how it's always been, and I don't think that will ever change.
[09:03.560 --> 09:10.400] So we have to give these guys something other than what we need to think about, and that's
[09:10.400 --> 09:11.400] the politics.
[09:11.400 --> 09:17.160] That's how we create the politics that will help us save our conditions.
[09:17.160 --> 09:26.280] And we do that by holding public officials to rule of law, by making them either abide
[09:26.280 --> 09:35.360] by the law as it's written, or use the checks and balances that are available to give them
[09:35.360 --> 09:39.680] political reason to do the right thing.
[09:39.680 --> 09:42.800] And we do that by first reading the law.
[09:42.800 --> 09:50.200] First we have to become somewhat familiar with what it is, and that's working round
[09:50.200 --> 09:53.280] the clock right now to get that up.
[09:53.280 --> 09:58.400] I'm really close to having the algorithm side up.
[09:58.400 --> 10:03.080] All I need is a little backside programming, and we can bring that thing up.
[10:03.080 --> 10:11.920] And you can go online, and instead of having to read and try to memorize the code, which
[10:11.920 --> 10:18.560] almost nobody can do, and it's hard enough to read through the code and understand it,
[10:18.560 --> 10:20.400] much less remember it.
[10:20.400 --> 10:25.440] So we're restructuring it into questions where you can just go down the questions, and if
[10:25.440 --> 10:30.040] the question doesn't apply to you, you don't have to study that part of the code.
[10:30.040 --> 10:36.200] Just go on past it until you hit a question that applies, and this will allow you to find
[10:36.200 --> 10:40.640] the code that fits your circumstance.
[10:40.640 --> 10:46.360] And as soon as we get the bar grievance up, we'll be doing judicial conduct next, and
[10:46.360 --> 10:49.800] then we'll go to criminal.
[10:49.800 --> 10:57.280] And criminal code goes like this, if you are stopped by a police officer for any reason
[10:57.280 --> 11:03.280] with or without a warrant, you are under arrest.
[11:03.280 --> 11:12.520] When your ability to move around as you please is arrested, you are under arrest.
[11:12.520 --> 11:21.320] And when a policeman places you under arrest, if he, for whatever reason, decides not to
[11:21.320 --> 11:24.200] pursue a criminal complaint, he can release you.
[11:24.200 --> 11:31.000] And if he releases you within a reasonable amount of time, which is this part is calculated
[11:31.000 --> 11:39.320] in minutes, then he doesn't have a responsibility to go any farther.
[11:39.320 --> 11:46.560] However, if a policeman arrests you for any reason with or without a warrant, and makes
[11:46.560 --> 11:54.120] a determination not to release you immediately, he must, in my statute, take you directly
[11:54.120 --> 12:01.840] to the nearest magistrate and explain himself to anyone out there who has been arrested
[12:01.840 --> 12:06.920] as well aware that that never happens.
[12:06.920 --> 12:13.480] In Texas, it's a violation of the 14.06 code of criminal procedure.
[12:13.480 --> 12:20.880] In every state I've been in, there has been the same requirement.
[12:20.880 --> 12:24.840] It's in different codes, different places, but all of them have the same requirement
[12:24.840 --> 12:28.560] because it reflects the federal requirement.
[12:28.560 --> 12:36.880] One primary state controlling case there is Florida case, Christine Pugh.
[12:36.880 --> 12:45.880] It says that, in a perfect world, every arrest would be made on an existing warrant.
[12:45.880 --> 12:51.080] But it is a practical compromise to allow a police officer to arrest for an on-site
[12:51.080 --> 13:00.040] auction and hold the person for a reasonable amount of time in order to ensure the safety
[13:00.040 --> 13:04.640] of the officer and secure the arrestee from escape.
[13:04.640 --> 13:10.480] Once those goals are accomplished, the authority of the officer to hold evaporates.
[13:10.480 --> 13:17.160] He must get the person before magistrate for an examining trial.
[13:17.160 --> 13:23.120] In Texas and in other places, you'll hear a lot about a magistration.
[13:23.120 --> 13:26.560] Well, that's not what the law calls for.
[13:26.560 --> 13:35.920] It calls for an examining trial wherein a magistrate holds a hearing for the purpose
[13:35.920 --> 13:39.880] of examining into the sufficiency of the allegation.
[13:39.880 --> 13:43.160] This is what is required, it's not what happens.
[13:43.160 --> 13:48.640] We'll get to the specifics of that somewhat later.
[13:48.640 --> 13:56.520] But for right now, 14.06 requires the officer to take the person arrested to the nearest
[13:56.520 --> 13:57.520] magistrate.
[13:57.520 --> 14:03.600] If a magistrate is not available in his county, he's to take you to the nearest adjoining
[14:03.600 --> 14:10.200] county where one is available, and according to the case law, an officer's only defense
[14:10.200 --> 14:18.440] against an allegation of false imprisonment for failure to timely take before a magistrate
[14:18.440 --> 14:23.000] is a showing of due diligence and effort to locate.
[14:23.000 --> 14:28.160] Not only do they not show due diligence, they make no effort to locate.
[14:28.160 --> 14:33.440] What I suggest people do, one of the first things you do is request a list of all of
[14:33.440 --> 14:39.840] the magistrates in the county and all of the magistrates in all adjoining counties from
[14:39.840 --> 14:45.160] the policing department wherein you were arrested.
[14:45.160 --> 14:50.680] They will send you back a response stating that they have no records responsive to your
[14:50.680 --> 14:59.000] request and they are not required to create records they do not already have.
[14:59.000 --> 15:07.200] And that's precisely what you want because by that response, not only do they admit
[15:07.200 --> 15:13.680] that they don't know that they didn't make an effort to take you before a magistrate
[15:13.680 --> 15:17.720] or to locate one, they don't even know who they are.
[15:17.720 --> 15:21.360] So they wouldn't even know how to locate one.
[15:21.360 --> 15:30.760] So once the arrest is made, when the officer gets in his patrol car, having made no due
[15:30.760 --> 15:37.200] diligence and effort to locate a magistrate, cranks the patrol car and points it toward
[15:37.200 --> 15:38.200] the jail.
[15:38.200 --> 15:43.560] He's committed aggravated kidnapping, aggravated assault.
[15:43.560 --> 15:50.280] In order to put you in the vehicle, he would have had to search you.
[15:50.280 --> 15:56.440] And any reasonable person, the ordinary prudence would find a physical search of their person
[15:56.440 --> 16:06.640] offensive and that falls under a simple assault.
[16:06.640 --> 16:09.320] Offensive touching is a simple assault.
[16:09.320 --> 16:19.880] If a person commits a simple assault while displaying a deadly weapon, that's a felony
[16:19.880 --> 16:24.720] in the state of Texas, aggravated assault.
[16:24.720 --> 16:34.480] It's a second degree felony unless the person who commits the assault is a public official
[16:34.480 --> 16:39.560] acting under color of official authority in which case, first degree felony.
[16:39.560 --> 16:41.320] And then the life.
[16:41.320 --> 16:44.000] This is Ron Debspeed and Peter Craig.
[16:44.000 --> 17:00.920] We'll be right back, but the other side.
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[19:58.880 --> 20:10.640] All right, folks, we are back, this is rule of law radio.
[20:10.640 --> 20:17.720] Randy has given us a dissertation on due process at the moment, so please continue to listen
[20:17.720 --> 20:24.760] into us, and if you like, go ahead and call in 512-646-1984, and that way we can get to
[20:24.760 --> 20:26.760] your calls as soon as he's done.
[20:26.760 --> 20:28.960] All right, Randy, please continue.
[20:28.960 --> 20:37.560] Okay, so once you've, the officer cranks the cruiser and points it towards the jail having
[20:37.560 --> 20:43.440] made no due, due, or gent effort to locate a magistrate, we maintain he has committed
[20:43.440 --> 20:47.400] aggravated assault for one and aggravated kidnapping.
[20:47.400 --> 20:55.400] Now, when he first searched you, tough to put you in a tow car, he may or may not have
[20:55.400 --> 21:01.160] been in violation of law if he had valid calls for the arrest.
[21:01.160 --> 21:08.640] However, once he cranked the cruiser and pointed it toward the jail, having made no due, due,
[21:08.640 --> 21:16.280] or gent effort to locate the magistrate, now he became a trespasser on law, and if a public
[21:16.280 --> 21:23.400] official violates a law, even if their initial acts were proper and legal, they become trespassers
[21:23.400 --> 21:28.400] have an issue from the beginning, and all their acts are defeated.
[21:28.400 --> 21:34.480] That renders the search illegal.
[21:34.480 --> 21:43.480] The search was done in a way that was intended to be offensive, and was done by the officer
[21:43.480 --> 21:51.280] while displaying a deadly weapon to ensure that he received no resistance, so we charge
[21:51.280 --> 21:53.280] aggravated assault.
[21:53.280 --> 22:00.400] Just to be felony, aggravated kidnapping, there is no false imprisonment statute.
[22:00.400 --> 22:04.520] False imprisonment is a cause of action for a lawsuit.
[22:04.520 --> 22:11.480] In Texas, if you restrict someone after liberty, you've brought them legally, that's kidnapping.
[22:11.480 --> 22:16.520] If you commit the act of kidnapping while displaying a deadly weapon, that's aggravated
[22:16.520 --> 22:18.640] kidnapping.
[22:18.640 --> 22:28.160] These policemen forget that when they put that pistol on, they put on a tremendous responsibility.
[22:28.160 --> 22:32.160] They forgot that because we haven't reminded them of it.
[22:32.160 --> 22:39.800] When we start reminding them of it at a grand jury, we will change their attitudes very
[22:39.800 --> 22:40.800] quickly.
[22:40.800 --> 22:48.920] I just got a call from North Carolina where the North Carolina Highway Patrolman stopped
[22:48.920 --> 22:58.240] a woman and asked her to do a sobriety test she refused because she was in high heel.
[22:58.240 --> 23:04.000] She had just come from a high level function.
[23:04.000 --> 23:10.680] He got really upset, drug her off for jail, and treated her incredibly badly.
[23:10.680 --> 23:16.200] The problem was, her husband was a very prominent lawyer.
[23:16.200 --> 23:23.360] He was right behind her, followed him to jail, big mess, but he immediately went to the governor
[23:23.360 --> 23:35.080] and heads of all the departments and got good results because he didn't take his lumps
[23:35.080 --> 23:38.400] and let the police do whatever they wanted to do.
[23:38.400 --> 23:40.160] He stumped them good.
[23:40.160 --> 23:43.480] We all need to start thumping them good.
[23:43.480 --> 23:45.120] That creates politics.
[23:45.120 --> 23:51.800] The way we could thump them is grand juries, which I'll get to at the end of this presentation.
[23:51.800 --> 23:58.000] Once they take you to jail, they hand you over to the jailers.
[23:58.000 --> 24:02.560] The jailers continue to kidnap you.
[24:02.560 --> 24:06.920] Now what the jailers will say, well, I'm just doing my job.
[24:06.920 --> 24:15.880] I didn't know you would kidnap, sorry, Bubba, that does not go to culpability.
[24:15.880 --> 24:20.960] Rather you intended to commit a crime, whether or not you even had knowledge that you committed
[24:20.960 --> 24:23.720] a crime.
[24:23.720 --> 24:31.480] What goes to culpability is that you intended the result of your actions, and if the result
[24:31.480 --> 24:35.640] of your action is a crime, you are culpable.
[24:35.640 --> 24:43.720] Now, if you were acting in good faith reliance on competent authority, you will have an affirmative
[24:43.720 --> 24:46.440] defense.
[24:46.440 --> 24:52.640] That's an affirmative defense prosecution, not a bar to prosecution.
[24:52.640 --> 25:02.600] So once the jailer takes you into custody, he continues the aggravated kidnapping.
[25:02.600 --> 25:10.160] And then because of the nature of the booking procedure, it is clearly designed to be a
[25:10.160 --> 25:15.160] demeaning and humiliating experience.
[25:15.160 --> 25:23.680] They keep the jail cells intentionally far too cold for comfort.
[25:23.680 --> 25:33.200] They keep the lights on 24 hours a day because they know how effective that is in controlling
[25:33.200 --> 25:39.960] people, keep them very uncomfortable, keep them out of sorts.
[25:39.960 --> 25:47.320] The problem is, if you have been arrested and there's no warrant, or if you're not an
[25:47.320 --> 25:56.160] escaped prisoner, then the state has no authority to punish.
[25:56.160 --> 26:03.080] They may arrest and hold, but they may not subject you to punishment, and they do that
[26:03.080 --> 26:05.840] as a matter of course.
[26:05.840 --> 26:13.640] So that's official oppression wherein the jailers purport to exert an authority to punish,
[26:13.640 --> 26:15.800] which they do not have.
[26:15.800 --> 26:20.800] And that gets 39-oh-3 penal code, official oppression.
[26:20.800 --> 26:29.240] And then they put you in the jail cell, and then they bring you before a magistrate.
[26:29.240 --> 26:38.280] And every time I get arrested, which is more often than I care for, the first thing I demand
[26:38.280 --> 26:46.360] is take me directly to the nearest magistrate, never happens.
[26:46.360 --> 26:52.560] I tell them that so that I'll be able to testify that I made the demand.
[26:52.560 --> 26:57.520] The last time I was arrested in Travis County, I was standing in front of some video cameras
[26:57.520 --> 27:00.880] and asking those video cameras were on, and they said, just they are.
[27:00.880 --> 27:01.880] So wonderful.
[27:01.880 --> 27:03.280] Take me to the nearest magistrate.
[27:03.280 --> 27:04.680] Oh, we can't do that.
[27:04.680 --> 27:06.280] We have to both understand that.
[27:06.280 --> 27:11.280] But take me to the nearest magistrate anyway, and as always, we can't take you to the magistrate.
[27:11.280 --> 27:18.640] See, I know that, but I had to ask, you had to refuse on camera.
[27:18.640 --> 27:22.960] And to their credit, they did not get an attitude.
[27:22.960 --> 27:28.480] They handled that really well, but I suggest everybody do that.
[27:28.480 --> 27:34.720] And one other thing is don't talk to the police officers.
[27:34.720 --> 27:39.280] Don't explain yourself, don't say anything to them.
[27:39.280 --> 27:43.160] Everything you say absolutely will be used against you.
[27:43.160 --> 27:44.160] Yeah.
[27:44.160 --> 27:47.280] Can I interject here for a second, Randy?
[27:47.280 --> 27:48.280] Yes.
[27:48.280 --> 27:50.400] That is absolutely true.
[27:50.400 --> 27:55.880] Do not in any way engage the officer in conversation.
[27:55.880 --> 28:01.400] Don't try to defend what you were doing or allegedly doing or not doing.
[28:01.400 --> 28:03.520] The rules are very simple.
[28:03.520 --> 28:06.520] Three questions, three actions.
[28:06.520 --> 28:10.920] Question one, what's the emergency and how can I help?
[28:10.920 --> 28:13.680] Question two, am I under arrest?
[28:13.680 --> 28:16.640] Question three, am I free to go?
[28:16.640 --> 28:19.200] Action one, shut up.
[28:19.200 --> 28:26.200] Action two, continue to shut up, and action three, shut up some more.
[28:26.200 --> 28:28.240] Absolutely.
[28:28.240 --> 28:33.760] If they say whatever you say can and will be used against you in court of law, they
[28:33.760 --> 28:36.040] mean that.
[28:36.040 --> 28:44.160] Even if what you say is not something that's culpable, they will make it culpable.
[28:44.160 --> 28:48.200] The police officers practice test the line.
[28:48.200 --> 28:53.240] It is my belief that the police would lie when the truth would do better.
[28:53.240 --> 28:58.440] Now, I'm sure that's not true of all police officers.
[28:58.440 --> 29:05.400] There are probably some good police officers out there who are not adversely affected by
[29:05.400 --> 29:07.640] the actions of the group.
[29:07.640 --> 29:18.400] There might be one, but it behooves you to act as if everything you say will be misconstrued.
[29:18.400 --> 29:23.400] And if you speak, they will accuse you of saying things you never said.
[29:23.400 --> 29:29.240] They will lie like a dog to get whatever outcome they want.
[29:29.240 --> 29:35.480] Truth and honor is not something you'll find in a police state and make no mistake about
[29:35.480 --> 29:36.480] it.
[29:36.480 --> 29:40.480] We are in a police state.
[29:40.480 --> 29:48.800] We are in the largest police state, the worst police state the world has ever seen.
[29:48.800 --> 29:51.120] This is Randy Kelfman, Deborah Stevens, Eddie Craig.
[29:51.120 --> 29:53.120] We look on radio.
[29:53.120 --> 29:59.880] We'll be right back.
[29:59.880 --> 30:00.880] I lost my son.
[30:00.880 --> 30:01.880] My uncle.
[30:01.880 --> 30:02.880] My uncle.
[30:02.880 --> 30:04.600] On September 11, 2001.
[30:04.600 --> 30:08.160] Most people don't know that a third tower fell on September 11.
[30:08.160 --> 30:12.400] World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[30:12.400 --> 30:18.200] Although the official explanation is that fire brought down building 7, over 1,200 architects
[30:18.200 --> 30:21.920] and engineers have looked into the evidence and believed there is more to the story.
[30:21.920 --> 30:23.400] Bring justice to my son.
[30:23.400 --> 30:24.400] My uncle.
[30:24.400 --> 30:25.400] My nephew.
[30:25.400 --> 30:26.400] My son.
[30:26.400 --> 30:27.400] Go to building what.org.
[30:27.400 --> 30:28.400] Why it fell.
[30:28.400 --> 30:29.400] Why it matters.
[30:29.400 --> 30:30.400] That's what you can do.
[30:30.400 --> 30:35.960] Here in the U.S., a man's home used to be his castle.
[30:35.960 --> 30:39.840] He would need permission to enter or a compelling reason to break in like a search warrant.
[30:39.840 --> 30:43.920] I'm Dr. Catherine Albrecht and I'll be back in just a moment to tell you how things have
[30:43.920 --> 30:46.400] changed.
[30:46.400 --> 30:48.000] Privacy is under attack.
[30:48.000 --> 30:51.600] When you give up data about yourself, you'll never get it back again.
[30:51.600 --> 30:56.360] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:56.360 --> 30:57.800] So protect your rights.
[30:57.800 --> 31:01.680] Say no to surveillance and keep your information to yourself.
[31:01.680 --> 31:02.680] Privacy.
[31:02.680 --> 31:04.120] It's worth hanging on to.
[31:04.120 --> 31:08.440] This public service announcement is brought to you by StartPage.com, the private search
[31:08.440 --> 31:11.960] engine alternative to Google, Yahoo, and Bing.
[31:11.960 --> 31:15.680] Start over with StartPage.
[31:15.680 --> 31:19.280] Police are irresistible according to the Indiana Supreme Court.
[31:19.280 --> 31:23.760] It recently ruled that citizens in that state cannot resist police entry to their homes
[31:23.760 --> 31:26.000] even when the entry is illegal.
[31:26.000 --> 31:29.960] The decision stems from a case where a man was stun gunned and arrested after trying
[31:29.960 --> 31:32.480] to bar the police from his apartment.
[31:32.480 --> 31:37.320] Just as Stephen David explained the majority decision, claiming citizen resistance is against
[31:37.320 --> 31:42.280] public policy and is incompatible with modern Fourth Amendment jurisprudence.
[31:42.280 --> 31:46.720] The Fourth Amendment to the U.S. Constitution guarantees citizens the right to be free from
[31:46.720 --> 31:48.400] unreasonable searches and seizures.
[31:48.400 --> 31:54.000] Seems to me it's the Indiana Supreme Court that's incompatible with the Fourth Amendment.
[31:54.000 --> 31:55.400] I'm Dr. Catherine Albrecht.
[31:55.400 --> 32:02.400] More news and information at CatherineAlbrecht.com.
[32:25.400 --> 32:43.440] Okay, we're back, Randy Carlton, Deborah Stevens, Eddie Craig, River Law Radio.
[32:43.440 --> 32:49.680] And I'm only going to take up an hour on this subject so I need to move along quickly.
[32:49.680 --> 32:57.600] Once you're put in the hands of the bait jailers, they'll run you through the booking procedure
[32:57.600 --> 33:03.280] which is intended to humiliate and punish, and then they will eventually bring you before
[33:03.280 --> 33:05.800] a magistrate.
[33:05.800 --> 33:09.280] And when you come before the magistrate, the magistrate will have a file in his hand and
[33:09.280 --> 33:13.400] that file will have information in there about you.
[33:13.400 --> 33:22.960] Problem, the last time I was arrested was in Williamson County, well actually not, it was
[33:22.960 --> 33:23.960] in Travis County.
[33:23.960 --> 33:28.360] The last time I was arrested I was brought before the magistrate and the first thing
[33:28.360 --> 33:36.240] I asked the magistrate, that folder you have in front of me, of you, does it have information
[33:36.240 --> 33:38.520] about me in there?
[33:38.520 --> 33:41.440] He said yes, he did, it does.
[33:41.440 --> 33:45.600] Tell me, where did you get that?
[33:45.600 --> 33:51.320] And the one in Williamson County, I really liked his response, he said, Mr. Cuffin, I
[33:51.320 --> 33:57.800] don't know what you're talking about, who gave that to you?
[33:57.800 --> 34:03.760] And he was an attorney and then the second time I asked, it dawned on him where I was
[34:03.760 --> 34:05.760] going to.
[34:05.760 --> 34:12.280] This was a hearing required to be held under the rules of evidence.
[34:12.280 --> 34:20.320] He had information or testimony against me in his hand.
[34:20.320 --> 34:27.760] I wanted to know where he got it, he certainly didn't get it in open court, he didn't have
[34:27.760 --> 34:34.720] it presented to him properly so that I had a chance to examine it and raise an objection
[34:34.720 --> 34:36.040] to it.
[34:36.040 --> 34:45.680] He got it from the jailer in an ex parte hearing because when I came before him, he was holding
[34:45.680 --> 34:55.840] something akin to an arraignment where in the court identifies the accused and takes
[34:55.840 --> 35:04.960] a plea in an examining trial, chapter 16, the whole chapter of the Code of Criminal Procedure
[35:04.960 --> 35:07.520] stipulates what's to be done in an examining trial.
[35:07.520 --> 35:11.240] The first to be read my rights and notified that I have a right to counsel.
[35:11.240 --> 35:16.160] Well, the magistrate notified me that I had a right to counsel while he was denying me
[35:16.160 --> 35:19.480] that right.
[35:19.480 --> 35:30.600] He notified me that I had a right to challenge witnesses before me and inner evidence while
[35:30.600 --> 35:37.120] he's denying me the right to do all of that because he's already had that examining trial.
[35:37.120 --> 35:43.240] He had the examining trial when the jailer handed him the folder and he looked in it
[35:43.240 --> 35:50.000] and accepted what was in there out of hand without question and made a determination
[35:50.000 --> 35:51.840] of probable cause.
[35:51.840 --> 35:57.720] That was the examining trial, accepted, violated all the rules of evidence and all the due
[35:57.720 --> 36:01.000] process rights that you have.
[36:01.000 --> 36:14.720] So once he did that, then he set bail and notified me of the bail set and then he handed
[36:14.720 --> 36:23.440] the, when the hearing was over, he gave the folder to the bailiff.
[36:23.440 --> 36:32.760] Now 17.30 Code of Criminal Procedure says that after an examining trial, the magistrate
[36:32.760 --> 36:41.680] shall certify all proceedings at an hearing, seal all documents in an envelope causing
[36:41.680 --> 36:47.520] his name to be written across the seal of the envelope and forward it to the clerk of
[36:47.520 --> 36:50.600] the court of jurisdiction.
[36:50.600 --> 36:58.400] And for that is, the magistrate only has two duties and three things he can do.
[36:58.400 --> 36:59.400] He can marry people.
[36:59.400 --> 37:02.240] That's how you make a few extra bucks, but that's not a duty.
[37:02.240 --> 37:04.560] He has two duties.
[37:04.560 --> 37:09.240] One is to hold an examining trial, make a determination of probable cause in accordance
[37:09.240 --> 37:15.080] with the rules of evidence in Chapter 16, Code of Criminal Procedure, two sets bail,
[37:15.080 --> 37:19.360] 17.05 Code of Criminal Procedure.
[37:19.360 --> 37:30.360] And 17.05 Code of Criminal Procedure says, bail is taken by a magistrate after an examining
[37:30.360 --> 37:38.400] trial, not a magistration, not an arraignment, not any of that other stuff, after an examining
[37:38.400 --> 37:39.400] trial.
[37:39.400 --> 37:46.640] So, since he took bail, the presumption has to be that there was an examining trial.
[37:46.640 --> 37:52.600] Now that wasn't what you were at, because there are all sorts of things in Chapter 16
[37:52.600 --> 37:55.520] that a magistrate required to do an examining trial.
[37:55.520 --> 37:59.560] And one of the things is after he's made a determination of probable cause, he's to
[37:59.560 --> 38:06.760] issue an order stating whether he has bound the person over to trial, bound them to the
[38:06.760 --> 38:11.840] jail, released him on bail, or released him at their liberty.
[38:11.840 --> 38:18.840] If he fails to do so within 48 hours, then finding no probable cause is entered in court.
[38:18.840 --> 38:25.400] Well, they do that in Travis County, and they're beginning to do it in some other counties since
[38:25.400 --> 38:30.280] we've been raised in a lot of stink about it, but for the most part they don't do it.
[38:30.280 --> 38:34.880] And if you were arrested without a warrant first being issued, the magistrate must prepare
[38:34.880 --> 38:39.760] a warrant under 1620 Code of Criminal Procedure.
[38:39.760 --> 38:43.080] He needs to seal all those documents in an envelope before it's clerked according to
[38:43.080 --> 38:46.720] jurisdiction, but for the most part they don't bother.
[38:46.720 --> 38:52.920] What they do is they give them to the prosecuted attorney.
[38:52.920 --> 38:56.240] So the prosecuted attorney can work the deal.
[38:56.240 --> 38:59.680] You see, he doesn't care if you're guilty or innocent.
[38:59.680 --> 39:01.320] What has you?
[39:01.320 --> 39:05.720] All he cares about is the deal.
[39:05.720 --> 39:15.400] All he cares about is avoiding having to come take you to trial and try you.
[39:15.400 --> 39:22.240] If he had to try all the people that are stuffing in the jails, he wouldn't have time.
[39:22.240 --> 39:29.720] You and I live in the worst police state the world has ever seen.
[39:29.720 --> 39:42.720] Which conviction rate in Texas, 99.6 rounds up to 100.
[39:42.720 --> 39:45.240] Everybody takes the deal.
[39:45.240 --> 39:53.160] And the reason everybody takes the deal is because most every step from arrest to trial
[39:53.160 --> 39:59.400] as presently practiced in Texas and most every other state I've been to is not only
[39:59.400 --> 40:00.400] wrong.
[40:00.400 --> 40:05.920] It is very specifically against particular law.
[40:05.920 --> 40:15.840] And it's not just against particular law, it's against law for a very specific purpose.
[40:15.840 --> 40:22.920] Everything is designed to put an ordinary person of reasonable prudence, reasonable
[40:22.920 --> 40:26.400] person of ordinary prudence, one of those two.
[40:26.400 --> 40:34.960] In a position such that they have no reasonable option to taking the deal.
[40:34.960 --> 40:37.400] And everybody takes the deal.
[40:37.400 --> 40:48.160] We now have a country where we contain approximately 3% of the world's population.
[40:48.160 --> 40:54.680] We house approximately 50% of the world's population of inmates.
[40:54.680 --> 41:03.040] Would you recognize a police state if you were in one?
[41:03.040 --> 41:07.360] I suggest everybody take a close look around.
[41:07.360 --> 41:16.160] If you are not angry at what's going on and you're not paying attention, if you think
[41:16.160 --> 41:24.560] this is okay, then send your children out there to talk to the local police officers.
[41:24.560 --> 41:28.200] And it won't be long before one of them is going to throw your children in jail just
[41:28.200 --> 41:32.200] for talking to them because they need arrests.
[41:32.200 --> 41:37.360] Boston Texas doubled their police force a few years ago.
[41:37.360 --> 41:45.560] And now they write over 300 citations a year.
[41:45.560 --> 41:50.760] It's big money and that's all it is.
[41:50.760 --> 41:58.120] The prison system, big money, primarily for the politicians who invest in the prison systems.
[41:58.120 --> 42:06.360] But to move along, when the magistrate fails to seal all the documents he had in the hearing
[42:06.360 --> 42:10.360] in an envelope caused a name to be written across the seal of the envelope for the court
[42:10.360 --> 42:16.160] of jurisdiction, he misdirects the government document from the person or department is
[42:16.160 --> 42:26.480] directed to and under 3710 penal code that's a felony in the state of Texas.
[42:26.480 --> 42:30.400] This is primarily the due process steps that we talk about.
[42:30.400 --> 42:34.440] From here we go to trial.
[42:34.440 --> 42:37.160] You'll be called to court.
[42:37.160 --> 42:41.800] In Austin they'll call you to court to find out if you have an attorney.
[42:41.800 --> 42:46.480] The last time they did that to me I told the judge that if they called me up first thing
[42:46.480 --> 42:48.480] I said, your honor, what am I doing here?
[42:48.480 --> 42:51.640] I said, well, we needed to find out if you had an attorney.
[42:51.640 --> 42:53.920] Oh, you did.
[42:53.920 --> 43:00.960] Well I have 28.01 code of criminal procedure here and 28.01 lists all those things you
[43:00.960 --> 43:06.920] can order me to court for to see if I have an attorney's not one of them.
[43:06.920 --> 43:10.040] Okay, we're about to run out of this session.
[43:10.040 --> 43:13.080] I'm just going to go one more segment.
[43:13.080 --> 43:20.880] So when I come back I'm going to go to remedy what you can do about it and what we all need
[43:20.880 --> 43:23.640] to start doing about it.
[43:23.640 --> 43:26.040] It's time we stood up to be counted.
[43:26.040 --> 43:30.440] It's time we said no more of this.
[43:30.440 --> 43:36.440] It's time we start taking these public officials to task and I will explain precisely how to
[43:36.440 --> 43:38.440] do that when we come back on the other side.
[43:38.440 --> 43:44.440] This is Randy Kelk and David Stevens, Eddie Craig with Law Radio.
[43:44.440 --> 43:52.120] Our call in number is 512-619-84 on the board.
[43:52.120 --> 43:56.840] Brian will bring you up this and we'll be right back.
[43:56.840 --> 44:03.600] Hey, did you hear Ron Paul's announcement he's running for president in 2012?
[44:03.600 --> 44:04.600] It is Ron Paul.
[44:04.600 --> 44:05.600] Really?
[44:05.600 --> 44:07.240] Okay, put down the cell phone for one minute.
[44:07.240 --> 44:10.240] Your friends really don't care about your Twitter updates on what you had for breakfast.
[44:10.240 --> 44:13.640] Oh, but I love to make those little smiley faces with punctuation marks.
[44:13.640 --> 44:14.640] Of course you do.
[44:14.640 --> 44:15.640] Now, listen closely.
[44:15.640 --> 44:18.800] You need to go down to Brave New Books and learn as much as you can about Ron Paul and
[44:18.800 --> 44:20.560] his message before it's too late.
[44:20.560 --> 44:23.280] They have all of his books and many of the books he talks about.
[44:23.280 --> 44:26.920] They also have t-shirts, bumper stickers and yard signs so that you can show your support
[44:26.920 --> 44:27.920] for him during the campaign.
[44:27.920 --> 44:28.920] Brave New Books?
[44:28.920 --> 44:30.920] Did they have Harry Potter and Twilight?
[44:30.920 --> 44:35.160] No, but they do carry a large selection of survival and preparedness books to protect
[44:35.160 --> 44:36.920] your family in time of emergency.
[44:36.920 --> 44:39.400] Ugh, that sounds like that show on the Discovery Channel.
[44:39.400 --> 44:43.560] Yeah, there's even a wilderness survival expert that teaches classes called Earthskill School
[44:43.560 --> 44:47.200] that you can sign up for on the website, bravenewbookstore.com.
[44:47.200 --> 44:48.200] What are you doing?
[44:48.200 --> 44:51.600] I'm tweeting all my friends that they should go to bravenewbookstore.com or down to the
[44:51.600 --> 44:52.600] bookstore in person.
[44:52.600 --> 44:53.600] Where's it located?
[44:53.600 --> 44:54.600] 1904 Guadalupe Street.
[44:54.600 --> 44:55.600] There, it's sent.
[44:55.600 --> 44:57.600] I even made a smiley face.
[44:57.600 --> 44:58.600] Great.
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[46:09.760 --> 46:25.240] If you did not have any problems where you gonna look for ones?
[46:25.240 --> 46:29.240] If you could not wait any about too long, would your purpose has to die?
[46:29.240 --> 46:52.960] Okay, we're back, Randy Kelton, Debra Steven, Zeddy Craig with our radio.
[46:52.960 --> 46:58.920] And we told you all about the bad stuff that's going on.
[46:58.920 --> 47:12.280] And you can read this on jurisimprudence.com, that's J-U-R-I-S, I-M-P-R-U-D-E-N-C-E dot com.
[47:12.280 --> 47:17.480] You go to the top frog on the left, I call this the frog farm conspiracy.
[47:17.480 --> 47:23.560] And there is a writ of habeas corpus that I filed with the Court of Criminal Appeals.
[47:23.560 --> 47:29.680] And it walks down due process, step by step all the way through the system.
[47:29.680 --> 47:35.160] It would please me if every one of our listeners read through that two or three times until
[47:35.160 --> 47:38.360] you had all the pieces in place.
[47:38.360 --> 47:43.680] Then we start running the routine on them.
[47:43.680 --> 47:48.320] You get arrested, or you get pulled over, stopped by a police officer, and he doesn't
[47:48.320 --> 47:54.600] act the way you want him to, or like this attorney that I'm going to try to get on for
[47:54.600 --> 48:01.800] tomorrow night, when he gets in your wife's face screaming at her because she wouldn't
[48:01.800 --> 48:12.400] do the feel sobriety test and demeaning her for several hours, and then when she does
[48:12.400 --> 48:21.120] the breath test, her alcohol level comes up to 0.00.
[48:21.120 --> 48:26.800] And a lot of other things they did, but what do you do?
[48:26.800 --> 48:31.200] What you do is, instead of going to the governor and complaining to the governor, although
[48:31.200 --> 48:36.920] that's a good thing to do, you file criminal charges against the officer for aggravated
[48:36.920 --> 48:40.040] assault.
[48:40.040 --> 48:46.360] And you prepare a set of criminal complaints, and you can go on to jurisprudence to the
[48:46.360 --> 48:56.320] top frog on the right, the documents and research, and in the section on blanks, you'll find
[48:56.320 --> 48:59.360] a blank criminal complaint.
[48:59.360 --> 49:04.840] And I'm hoping before too long I'll have an interactive criminal complaint up online.
[49:04.840 --> 49:12.000] That's one of the things I'm working toward, where you can just go in and answer the questionnaire
[49:12.000 --> 49:15.200] and it'll spit out the complaint.
[49:15.200 --> 49:21.080] You take a criminal complaint, not a voluntary statement.
[49:21.080 --> 49:25.240] If you go to the police department, they'll ask you to fill out a voluntary statement.
[49:25.240 --> 49:31.040] Well, a voluntary statement is not a complaint, it's complaining.
[49:31.040 --> 49:33.720] It invokes no duty.
[49:33.720 --> 49:38.640] A criminal complaint is a term of art, it's a very specific document.
[49:38.640 --> 49:41.680] It runs in the name of the state of Texas.
[49:41.680 --> 49:45.680] In the name by the authority of the state of Texas is how it starts out.
[49:45.680 --> 49:52.800] And as a citizen, you state that you have reason to believe and do believe based on the following,
[49:52.800 --> 49:53.800] that.
[49:53.800 --> 50:05.200] And then you tell what accusation that you're making and therefore I allege that so and
[50:05.200 --> 50:08.920] so committed such and such a criminal act.
[50:08.920 --> 50:18.920] Sign it before a magistrate or for a notary and take it to the justice of the peace.
[50:18.920 --> 50:24.600] That's primarily what they're there for, is to receive criminal complaints.
[50:24.600 --> 50:27.360] That's why they were put in place.
[50:27.360 --> 50:32.800] They were put in place in 1216 when the Duke strugged the king down to the River Thames
[50:32.800 --> 50:37.160] and threatened to cut his head off if he didn't sign the Magna Carta.
[50:37.160 --> 50:42.640] It was intended that the police in the public not be at odds with one another.
[50:42.640 --> 50:47.240] So they didn't give the policemen the power to imprison, only the power to arrest.
[50:47.240 --> 50:51.520] He was to take you the nearest magistrate and explain himself, but they don't bother
[50:51.520 --> 50:52.520] to do that.
[50:52.520 --> 50:57.800] And if you go to a magistrate with a complaint, he refused to take it.
[50:57.800 --> 51:05.600] The magistrates don't understand that a policeman has no special authority to file a criminal
[51:05.600 --> 51:06.600] complaint.
[51:06.600 --> 51:12.720] He has a special authority to investigate crime, but not to file a criminal complaint.
[51:12.720 --> 51:15.800] He does not do that in his official capacity.
[51:15.800 --> 51:21.600] He does that in his personal individual capacity.
[51:21.600 --> 51:22.600] Same as you.
[51:22.600 --> 51:25.320] So when you take a complaint to the magistrate, he refused to take it.
[51:25.320 --> 51:28.240] He'll direct you to the police department.
[51:28.240 --> 51:36.200] And for those of you who aren't comfortable jerking these guys around, do everything by
[51:36.200 --> 51:38.640] mail.
[51:38.640 --> 51:41.760] Never let them see you.
[51:41.760 --> 51:50.360] Never let them look at you and take your measure because they'll look at you and they'll decide
[51:50.360 --> 51:55.680] they know who you are and they know how to deal with you, whether they do or not.
[51:55.680 --> 52:02.520] If they never get to see you, you sharp shoot them from the mail, then they have no idea
[52:02.520 --> 52:04.820] what they're dealing with.
[52:04.820 --> 52:13.280] So send the magistrate a verified criminal affidavit in the mail in demand that he act
[52:13.280 --> 52:15.880] in accordance with his duty.
[52:15.880 --> 52:21.480] He'll send it back to you saying, oh, I appreciate you sending this to me, but you really need
[52:21.480 --> 52:25.080] to take this to the police department.
[52:25.080 --> 52:26.360] That's what you need.
[52:26.360 --> 52:30.560] Now he has committed misfeasance in office.
[52:30.560 --> 52:35.040] He's failed to perform a duty he's required to perform.
[52:35.040 --> 52:40.880] To attend makes it the duty of the magistrate to keep peace in the county to all legal means.
[52:40.880 --> 52:46.880] To 11 says when the magistrate sits with the person examining into a criminal accusation,
[52:46.880 --> 52:49.280] that is an examining trial.
[52:49.280 --> 52:51.600] And that is what he is there to do.
[52:51.600 --> 52:56.320] That's the only thing he can do is hold an examining trial in set bail when he refuses
[52:56.320 --> 52:57.320] to do that.
[52:57.320 --> 52:58.320] Misfeasance in office.
[52:58.320 --> 53:05.320] Send that to the prosecuting attorney with a staff self-addressed envelope, asking him
[53:05.320 --> 53:15.880] to return this, writing the little letter, asking him to sign this, and in the spot provided,
[53:15.880 --> 53:21.640] put the date at which you intend to present this to the grand jury.
[53:21.640 --> 53:25.520] And he'll, because you put that in there, he'll give you a response that tells you he
[53:25.520 --> 53:27.440] doesn't intend to give it to the grand jury.
[53:27.440 --> 53:34.400] And he decided to take no action, at least that's what you hope he does, because now
[53:34.400 --> 53:46.720] you seem to complaint against the district attorney for not prosecuting the magistrate,
[53:46.720 --> 53:51.600] for not prosecuting the police officer.
[53:51.600 --> 53:58.480] And if the district judge is smart, he'll realize you're setting everybody up, but
[53:58.480 --> 54:06.280] I haven't found one that smart yet, except Bob Perkins, he took one.
[54:06.280 --> 54:11.640] But you send it to the district judge with the same kind of letter, with a letter asking
[54:11.640 --> 54:16.280] the judge to notify you when he's going to forward this to the grand jury.
[54:16.280 --> 54:20.840] And he'll send you a letter back advising you that you really need to take this to the
[54:20.840 --> 54:28.200] police department or some other, or soon the prosecutor, some other nonsense.
[54:28.200 --> 54:36.520] Then you file a complaint against the district judge, and you forward that, you email that
[54:36.520 --> 54:43.840] to the prosecutor's address, addressed to the foreman of the grand jury, registered
[54:43.840 --> 54:49.800] restricted, that means only the foreman consigned for it.
[54:49.800 --> 54:53.440] The prosecutor will get it and he'll open it, and he won't give it to the prosecutor,
[54:53.440 --> 54:57.280] to the grand jury.
[54:57.280 --> 55:06.040] Now we can start either, I suggest that you go down once you reach that point and find
[55:06.040 --> 55:09.040] out when the grand jury meets, that's really not hard.
[55:09.040 --> 55:16.360] You can talk to a district judge, recall the district clerk, and ask the clerk, what judges
[55:16.360 --> 55:24.640] have a grand jury in panel, and then call that judge's coordinator and ask the coordinator
[55:24.640 --> 55:27.200] when the grand jury is scheduled for next meet.
[55:27.200 --> 55:32.000] In Travis County, and Houston, and Dallas, and Sanatone, all of the big towns, they have
[55:32.000 --> 55:34.720] a grand jury meeting every day.
[55:34.720 --> 55:40.880] But in the smaller towns, the smaller communities, they generally meet about once or twice a month.
[55:40.880 --> 55:46.280] So you find out when to go to meet, and when they're to meet, you go down and find their
[55:46.280 --> 55:51.560] first go down, find out where they meet, and you just go to the courthouse and act like
[55:51.560 --> 55:54.960] you're just looking around, and you can ask where the grand jury room is, and they'll
[55:54.960 --> 55:55.960] tell you.
[55:55.960 --> 56:04.280] Go to where the grand jury room is, with a stack of 12 folders, complaining each one.
[56:04.280 --> 56:09.360] Find a bailiff in front of the door to the grand jury and tell him your name.
[56:09.360 --> 56:15.560] I always say my name is Randall Kelton, instruct the foreman that I have business with the
[56:15.560 --> 56:21.440] grand jury, and the bailiff will always say the same thing, you have to tell him the nature
[56:21.440 --> 56:22.440] of the business.
[56:22.440 --> 56:26.560] Yes, you may give him these.
[56:26.560 --> 56:31.600] And that's when he may or may not give them to him, and you don't really care.
[56:31.600 --> 56:36.240] You see, you really don't want to get in front of the grand jury, because they don't just
[56:36.240 --> 56:37.560] know build these guys.
[56:37.560 --> 56:45.320] It's really hard to get a grand jury to prosecute somebody, especially a public official.
[56:45.320 --> 56:50.840] You've heard that, almost everybody's heard that any prosecutor worth his salt can get
[56:50.840 --> 56:53.200] a ham sandwich indicted.
[56:53.200 --> 56:56.160] Well, that's true.
[56:56.160 --> 57:01.760] The problem the prosecutor has is keeping the ham sandwich from getting indicted.
[57:01.760 --> 57:08.120] When you start filing charges against him, and primarily you want to file against the
[57:08.120 --> 57:15.160] district judge, the district judge is going to be a real unhappy camper.
[57:15.160 --> 57:20.920] Because he can be fairly certain that the next time he runs for office, his opponent
[57:20.920 --> 57:27.440] will take these criminal charges and wave them in front of him at every opportunity.
[57:27.440 --> 57:34.680] Doesn't matter that they're not valid, because perception is everything.
[57:34.680 --> 57:40.320] If you are a judge and someone is filing criminal charges with the grand jury against you, the
[57:40.320 --> 57:43.680] perception is your criminal.
[57:43.680 --> 57:47.360] District attorneys, a district judge is going to be unhappy.
[57:47.360 --> 57:52.800] And when the district judge is unhappy, everybody's unhappy.
[57:52.800 --> 57:55.320] This is how we create politics.
[57:55.320 --> 58:00.920] You run that routine on a police officer, and I guarantee you you won't have any more
[58:00.920 --> 58:02.920] problems from the police.
[58:02.920 --> 58:06.520] Okay, we're going to go to questions on the other side.
[58:06.520 --> 58:10.680] I've used up enough of your time.
[58:10.680 --> 58:14.240] I hope you get some value from this.
[58:14.240 --> 58:17.240] We need to start doing this.
[58:17.240 --> 58:23.360] If we don't start fighting back, it's going to do nothing but get worse.
[58:23.360 --> 58:27.880] Okay, this is Randy Kelton, David Stevens, Eddie Craig, we look at the radio, we will
[58:27.880 --> 58:32.680] be taking your calls on the other side, and we still have Brian on the board, and thank
[58:32.680 --> 58:34.320] you for your patience.
[58:34.320 --> 58:35.320] Call us in.
[58:35.320 --> 58:37.320] Call in at 512-646-1984.
[58:37.320 --> 59:00.160] We'll be taking calls for the next hour, and we'll be right back.
[59:00.160 --> 59:05.600] The Bible remains the most popular book in the world, yet countless readers are frustrated
[59:05.600 --> 59:08.400] because they struggle to understand it.
[59:08.400 --> 59:13.800] Some new translations try to help by simplifying the text, but in the process can compromise
[59:13.800 --> 59:17.040] the profound meaning of the Scripture.
[59:17.040 --> 59:18.800] Enter the recovery version.
[59:18.800 --> 59:24.760] First, this new translation is extremely faithful and accurate, but the real story is the more
[59:24.760 --> 59:28.480] than 9,000 explanatory footnotes.
[59:28.480 --> 59:33.440] Difficult and profound passages are opened up in a marvelous way, providing an entrance
[59:33.440 --> 59:38.160] into the riches of the Word beyond which you've ever experienced before.
[59:38.160 --> 59:43.320] Bibles for America would like to give you a free recovery version simply for the asking.
[59:43.320 --> 59:53.760] This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102
[59:53.760 --> 59:57.760] or by ordering online at freestudybible.com.
[59:57.760 --> 01:00:04.840] This news brief brought to you by The International Newsnet.
[01:00:04.840 --> 01:00:09.880] Rupert Murdoch's UK Media Group News Corporation bowed to pressure from the public and parliament
[01:00:09.880 --> 01:00:16.200] Wednesday and withdrew its $12 billion bid to take full control of pay TV company B Sky
[01:00:16.200 --> 01:00:22.040] B. The move is a huge setback for the 80-year-old media mogul and follows revelations about
[01:00:22.040 --> 01:00:27.040] the true scale of phone hacking at the former news of the world.
[01:00:27.040 --> 01:00:31.640] The Seattle Nuclear Watchdog Group has accused the federal government of failing to keep
[01:00:31.640 --> 01:00:36.800] the public informed of radiation from the Fukushima nuclear disaster.
[01:00:36.800 --> 01:00:42.760] Jerry Pollitt from Heart of America Northwest said Iodine 131 numbers released by the Environmental
[01:00:42.760 --> 01:00:49.040] Protection Agency showed the level detected on March 24 was 41 times the drinking water
[01:00:49.040 --> 01:00:51.040] standard.
[01:00:51.040 --> 01:00:56.600] Japan's Prime Minister Naoto Kahn said Wednesday he wants to win the nation off nuclear energy.
[01:00:56.600 --> 01:01:01.960] Japan's use of nuclear energy has been scrutinized since the March 11 earthquake and tsunami
[01:01:01.960 --> 01:01:05.240] caused meltdowns at the Fukushima nuclear plant.
[01:01:05.240 --> 01:01:13.600] Kahn said Japan should develop renewable energy sources such as solar, wind and biomass fuels.
[01:01:13.600 --> 01:01:19.320] Beef from areas around Japan's crippled Fukushima nuclear plant will be inspected after meat
[01:01:19.320 --> 01:01:24.800] with radiation levels exceeding government safety standards was sold recently to consumers.
[01:01:24.800 --> 01:01:31.000] Radioactive cesium at three to six times higher than safety standards was found in beef shipped
[01:01:31.000 --> 01:01:36.360] to Tokyo from a farmer in Minama, Soma City, near the Fukushima plant.
[01:01:36.360 --> 01:01:41.240] A Fukushima government official claimed the incident was an exception, and a farm ministry
[01:01:41.240 --> 01:01:46.400] official said eating the radioactive meat a few times would pose no immediate health
[01:01:46.400 --> 01:01:47.400] risk.
[01:01:47.400 --> 01:01:51.040] Shipments of certain vegetables from areas near the plant have been halted due to high
[01:01:51.040 --> 01:01:56.800] radiation levels, while cesium was found at levels above safety limits in fish in waters
[01:01:56.800 --> 01:02:01.040] near Fukushima, stoking worries about seafood consumption.
[01:02:01.040 --> 01:02:07.200] A report by the African Center for Biosafety charges a program funded by the Bill and Melinda
[01:02:07.200 --> 01:02:13.160] Gates Foundation is using Africa as a guinea pig for genetically engineered seeds.
[01:02:13.160 --> 01:02:19.400] Report also noted the Gates Foundation spent $27.6 million between April and June 2010
[01:02:19.400 --> 01:02:22.480] to buy 500,000 Monsanto shares.
[01:02:22.480 --> 01:02:28.480] The Water Efficient Maize for Africa program launched in 2008 with a $47 million grant
[01:02:28.480 --> 01:02:33.040] from billionaires Warren Buffett and Bill Gates is supposed to help African farmers
[01:02:33.040 --> 01:02:38.520] increase their yields with drought and heat tolerant corn, but the Center says the program
[01:02:38.520 --> 01:02:43.720] is threatening Africa's food sovereignty while opening new markets for agribusiness monoliths
[01:02:43.720 --> 01:02:50.080] like Monsanto along with Sinjanta, Bayer and Dao are racing to develop crops that will
[01:02:50.080 --> 01:02:53.840] grow in drought conditions caused by climate change.
[01:02:53.840 --> 01:02:59.080] Participating in the program enables Monsanto to establish new markets and regulatory approvals
[01:02:59.080 --> 01:03:14.080] for its patented trans genes in five African countries.
[01:03:14.080 --> 01:03:41.760] We ask that you participate in the program.
[01:04:11.760 --> 01:04:23.440] Okay, we're back. Randy Kelton, Debra Stephens, Eddie Craig, Root of La Radio. We're going
[01:04:23.440 --> 01:04:30.640] to go to calls now. We're going to take Brian in, is it Minnesota? 651, I think that's Minnesota.
[01:04:30.640 --> 01:04:40.120] Uh, Randy, no, it's just Brian. It's just Brian? Yes, Brian. No, this is not Brian
[01:04:40.120 --> 01:04:45.720] from Minnesota. This is a different Brian. Oh, okay. This is just Brian. Just Brian, are you there?
[01:04:45.720 --> 01:04:53.440] Uh, I'm here. I'm here. Can you hear me? Yes, I can. Well, I was going to, Randy, actually,
[01:04:53.440 --> 01:04:57.960] this is kind of directed towards you. I was going to ask you to let, I could talk with you
[01:04:57.960 --> 01:05:05.840] off air anyways. I got a situation with my civil case and I just needed to see if you
[01:05:05.840 --> 01:05:11.800] could confirm my suspicions, but things have gotten kind of juicy and I can't talk about it on the
[01:05:11.800 --> 01:05:19.120] air as much as I want to. So I guess my first question is, okay, we don't know who you are. We
[01:05:19.120 --> 01:05:24.960] don't know what your case is. Don't tell us what your last name is. Don't even tell us what state
[01:05:24.960 --> 01:05:36.720] you're in and you can talk like you want to. Well, I don't even know where to start with this one,
[01:05:36.720 --> 01:05:44.000] but I'm in a civil action and I think if I talk about it all, it's going to give it away. It's
[01:05:44.000 --> 01:05:48.640] kind of a problem though. Okay, good. Let's not talk about it. Do you have something else to talk
[01:05:48.640 --> 01:05:54.480] about? I do. I do. But I guess the first question would be, can I contact you to talk about it off
[01:05:54.480 --> 01:06:00.880] air if I sent you an email? Yes, but I'd rather you bring that question in an email than use our
[01:06:00.880 --> 01:06:09.480] airtime for it. Right, right, right. Well, I wanted to ask your permission though. I know your
[01:06:09.480 --> 01:06:15.160] time is valuable. So the second question I would have is, I'm working on a jurisdictional element
[01:06:15.160 --> 01:06:23.360] in my Kwai Tam case. And in this Kwai Tam, I'm trying to figure it's like the jurisdictional
[01:06:23.360 --> 01:06:29.120] element is the toughest part. And that's all I need. I got all my documents ready to go. Okay,
[01:06:29.120 --> 01:06:35.120] hold on, jurisdictional part. How do you have standing to raise the Kwai Tam?
[01:06:39.200 --> 01:06:46.800] Generally, Kwai Tam goes to whistleblower. The one to bring it needs to be someone with some
[01:06:46.800 --> 01:06:57.120] special or inside knowledge that they can bring to bear. Do you have a way of establishing that
[01:06:57.120 --> 01:07:02.960] you have standing to bring the Kwai Tam? Because that's going to be the first thing they throw at
[01:07:02.960 --> 01:07:16.160] you. Yes, I do. Good. Okay, what's your question in a Kwai Tam? Okay, so jurisdictionally, I want to
[01:07:16.160 --> 01:07:24.000] bring it against a city and the district is working in collusion with the city. Now... Wait,
[01:07:24.000 --> 01:07:37.280] what district? District Court? Yeah, state district court. It's a state district and city. And they
[01:07:37.280 --> 01:07:45.040] both prosecute these alleged violations together, more or less. But the city is the one who commits
[01:07:45.040 --> 01:07:59.120] the initial cause. Are these city ordinances? No, more specifically, well, they're statutes. Well,
[01:08:00.800 --> 01:08:10.880] they don't have lawful authority. Okay, you're saying a city is prosecuting a state statute?
[01:08:10.880 --> 01:08:18.960] Right. And they're working... Okay, how are you getting to jurisdiction?
[01:08:20.880 --> 01:08:24.800] Well, that's the thing. I just don't know which court to bring it in because it would seem...
[01:08:24.800 --> 01:08:34.400] Well, no, no. How are you getting to a cause of action? You seem to be saying that the municipal
[01:08:34.400 --> 01:08:45.360] police can't bring an action for a violation of a state law. Is that your position? Right.
[01:08:48.000 --> 01:08:48.880] How do you get there?
[01:08:51.440 --> 01:08:55.120] They're using an officer that hasn't been given the proper authority.
[01:08:57.280 --> 01:09:03.840] Okay, this is hard. This is too cryptic. I'm not going to be able to give you much information
[01:09:03.840 --> 01:09:10.080] because I don't have enough and we use it up a lot of time. Can I pose the question differently?
[01:09:11.360 --> 01:09:19.760] Yes. Okay, so all I need to know is whether I need to bring the... If I bring the action in the
[01:09:19.760 --> 01:09:30.400] district court, they're also going to be a party to the action. So it would seem unreasonable to me
[01:09:30.400 --> 01:09:35.360] that they can prosecute themselves, but it also seems that that's the way the law has been written.
[01:09:35.360 --> 01:09:40.800] My only real... In Minnesota, we have two large state capital cities almost. One is being
[01:09:40.800 --> 01:09:50.560] Hennepin County, the other being Ramsey County. The element here I need to look for is,
[01:09:50.560 --> 01:09:55.040] do I need to bring this action against this district because the district's included in the
[01:09:55.040 --> 01:10:04.720] capital city or do I bring it in the district where it originated and then if they prosecute
[01:10:04.720 --> 01:10:11.040] themselves, then I have to... I think you're going to have to bring it in the district where it's
[01:10:11.040 --> 01:10:19.200] originated, where it's occurring, unless you have some nexus in a different jurisdiction.
[01:10:19.200 --> 01:10:26.960] Right. Because generally, a crime must be prosecuted in the jurisdiction where it occurred.
[01:10:28.560 --> 01:10:33.120] Right, and that was just the tough question because they're going to have to end up prosecuting
[01:10:33.120 --> 01:10:38.160] themselves, and then wouldn't that involve them appointing some pro tem or something or
[01:10:38.160 --> 01:10:45.200] actually this will... Yeah, that's what you would ask for is a judge pro tem. But the problem with
[01:10:45.200 --> 01:10:51.280] that is, is there is a doctrine that says when all are disqualified, none are disqualified.
[01:10:52.640 --> 01:10:57.600] So that's going to be a difficult issue. You might want to look to see if you can find a federal nexus.
[01:11:00.400 --> 01:11:07.920] Right. To move it to a federal venue. Okay, we're running out of time. I took up most
[01:11:07.920 --> 01:11:13.120] of our time and we've got a bunch of callers. Does that pretty well answer your question?
[01:11:13.120 --> 01:11:22.560] Yeah, thank you. Okay, thank you. Now we're going to go to Melissa in Texas.
[01:11:24.240 --> 01:11:29.360] Hello, Melissa. Hello. All right, I... You're not in jail, are you?
[01:11:29.920 --> 01:11:38.960] No, not anymore. I'm out. But yeah, I went to get a copy of the complaint and information today
[01:11:38.960 --> 01:11:45.840] over in Williamson County. And of course, they didn't want to give it to me. And they wanted
[01:11:45.840 --> 01:11:52.640] to know what I wanted it for. And I said I wanted to read it. And... Who asked you what you wanted
[01:11:52.640 --> 01:12:01.840] it for? The clerk at the window. Go back to the... Find out who the clerk is and file
[01:12:01.840 --> 01:12:10.320] official misconduct against the clerk. All right. If I can get one to ask me why I want to see a
[01:12:10.320 --> 01:12:18.720] record that always gets a 911 call. Right. Well, she came back and she said that she showed me
[01:12:18.720 --> 01:12:24.320] their copy. And she told me if I wanted a copy, I would have to... She gave me a piece of paper
[01:12:24.320 --> 01:12:29.840] and a pen, told me to write it down and to make it my request in writing and to sign my name and date
[01:12:29.840 --> 01:12:39.040] it. So I did. Was this a justice of the peace court? Yes. Then... 27004 government code.
[01:12:40.960 --> 01:12:48.080] Restricts a justice or municipal court for making that request. A county court can do it,
[01:12:48.080 --> 01:12:56.160] and a district court can do it, but not a municipal court. Okay. So that's two you got.
[01:12:56.160 --> 01:13:04.960] Okay. All right. I thought this one is good. I get a copy of it. And he swore it out that the
[01:13:04.960 --> 01:13:10.640] trooper swore it out with his name and his badge number. And so he swore it out in his official
[01:13:10.640 --> 01:13:19.840] capacity. So I know that's... No, he didn't. He didn't? No, he did not. He did it in his
[01:13:19.840 --> 01:13:26.640] personal capacity. Even though he said... The fact that he's a police officer is irrelevant to his
[01:13:26.640 --> 01:13:32.240] capacity to file a criminal complaint, but it's good that his name is on the complaint and not
[01:13:32.240 --> 01:13:41.040] someone else. Okay. All right. Well, I was wrong about that then. But anyways, I got a copy of it.
[01:13:41.040 --> 01:13:47.840] And of course, it says against the peace and dignity of the state. And anyway, I wanted...
[01:13:47.840 --> 01:13:55.920] Why do I... Next, I was arrested on a warrant. They came to my house and got me. And so I guess
[01:13:55.920 --> 01:14:03.760] the time for me to question has expired. So I just made complaints with the...
[01:14:03.760 --> 01:14:09.680] Oh, yeah. You can't question the warrant. The warrant's moved now. Once the warrant has been
[01:14:09.680 --> 01:14:19.360] executed... Executed. Executed and it's meaningless. Okay. All right. And so what do I do next? What
[01:14:19.360 --> 01:14:26.400] is the... I haven't told the 28 to make my plea. I didn't make a plea today. But I told them that
[01:14:27.360 --> 01:14:34.400] she's the only... What is the nature of the accusation? Feeding and driving while licensed
[01:14:34.400 --> 01:14:42.400] to send in or expired. Oh. Eddie, you want to pick that one up? Well, this one we've talked about in
[01:14:42.400 --> 01:14:48.480] class. Here's the thing that the courts are doing, which there is no lawful authority to do.
[01:14:49.280 --> 01:14:56.080] They are threatening to issue a warrant for failure to enter a plea. You never made an
[01:14:56.080 --> 01:15:02.560] agreement to enter a plea, nor can they get you to make an agreement to enter a plea.
[01:15:02.560 --> 01:15:09.120] And they most assuredly cannot arrest you under a warrant based solely on a failure to enter a
[01:15:09.120 --> 01:15:16.400] plea. Right. So what I've been wanting one to do if I ever wound up getting another ticket out of
[01:15:16.400 --> 01:15:22.240] this is for them to threaten me with that. Because the moment they arrest me on a warrant, the sole
[01:15:22.240 --> 01:15:28.240] basis of which is I failed to sign a plea form and submit it to the court, somebody is going to be
[01:15:28.240 --> 01:15:37.600] put in a world of lawsuit hurt. They offered other people a sheet of paper that I overheard
[01:15:37.600 --> 01:15:45.440] that their plea agreement that they only had on their NOLO and guilty. They didn't have one
[01:15:45.440 --> 01:15:54.800] for offense, not guilty. And they didn't ask me to plead. I told them, well, she said that
[01:15:54.800 --> 01:15:59.600] he said what I wanted for it. I said, well, I want to read it because I'm probably going to
[01:15:59.600 --> 01:16:05.920] plead not guilty. It's after I read it. And so anyway, it took them about 11 minutes to come
[01:16:05.920 --> 01:16:11.280] back to the window to get the contract. Okay. They arrested you. They released you, right?
[01:16:11.280 --> 01:16:19.120] Yes. Yes. Okay. Now they're telling you that you have to file a plea with them or they're going
[01:16:19.120 --> 01:16:27.120] to arrest you again. They haven't told me that yet. No. Isn't that on that sheet of paper you're
[01:16:27.120 --> 01:16:36.400] required to enter this plea by such and such date or what comes after or? I don't have anything on
[01:16:36.400 --> 01:16:43.600] there. I don't have a plea. I don't think I don't see that. Okay. And you should just be simply going
[01:16:43.600 --> 01:16:49.360] down the list and making the filings that are in the seminar material, Melissa. Okay. All right. Okay.
[01:16:49.360 --> 01:16:55.760] Well, thanks, Daddy. You're welcome. Bye-bye. All right. Hold on. We're about to go. Last Sunday.
[01:16:55.760 --> 01:16:58.080] All right. Folks will be right back on the other side of the break.
[01:17:00.320 --> 01:17:05.520] Capital Coin and Bullion is your local source for rare coins, precious metals, and coin supplies in
[01:17:05.520 --> 01:17:11.040] the Austin Metro area. We also ship worldwide. We're a family owned and operated business that
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[01:17:16.000 --> 01:17:20.240] business has been so good that we've had to move to a new and bigger location.
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[01:17:32.240 --> 01:17:36.640] next to the Ishibon Sushi and the Genie Car Wash. We're open Monday through Friday,
[01:17:36.640 --> 01:17:42.000] 10 to 6, Saturdays, 10 to 5. You're welcome to stop in during regular business hours or call
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[01:17:49.040 --> 01:17:54.880] Texas Liberty Radio. That's Capital Coin and Bullion at our new location at 7304 Burnett
[01:17:54.880 --> 01:18:04.320] Road, Suite A or call 512-646-644-0. My name is Randall Kelton and I co-host on Rue of Law Radio.
[01:18:04.320 --> 01:18:09.440] We specialize in showing people how to strike back against corrupt public officials. With the
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[01:18:56.480 --> 01:18:59.680] you need to stop the money changers in their tracks.
[01:19:26.480 --> 01:19:52.480] Alright folks, we are back. Rue of Law Radio. 512-646-1984 is the call-in number.
[01:19:52.480 --> 01:20:22.400] I have a friend that was involved in the
[01:20:22.400 --> 01:20:29.440] situation like this that had a warrant issued against him and he got a notice of warrant in
[01:20:29.440 --> 01:20:38.080] the mail for failure to appear. Now he did appear. He appeared on the date that was on the ticket.
[01:20:38.080 --> 01:20:44.480] He did promise to appear. He signed the ticket and he appeared and filed motions on that date.
[01:20:44.480 --> 01:20:51.840] That was his appearance but he didn't enter a plea. So he's sitting here waiting, you know, a couple
[01:20:51.840 --> 01:21:00.880] months go by. No pre-trial hearing is scheduled. Sends him in the mail and then lo and behold,
[01:21:00.880 --> 01:21:08.320] he's checking the situation on the municipal court website and the status of the citation says
[01:21:08.320 --> 01:21:16.000] warrant. Well, so we call. I called to find out what was going on. I actually went down there
[01:21:16.000 --> 01:21:20.480] to get a copy of everything in the file. He didn't want to go because of obviously the
[01:21:20.480 --> 01:21:26.560] concern of getting arrested. So there was a complaint in the file but the complaint was
[01:21:27.360 --> 01:21:36.160] placed in the file a month and a half after the appearance date. That's one of the reasons why
[01:21:36.160 --> 01:21:40.080] he didn't enter a plea because there was no complaint. That's one of the reasons but at any
[01:21:40.080 --> 01:21:48.400] rate, I got a copy of the warrant but the warrant did not say that it was a warrant
[01:21:48.400 --> 01:21:55.440] because of failure to appear. The reason for the warrant on the warrant itself was for the citation,
[01:21:55.440 --> 01:22:02.560] the alleged traffic infraction. Okay, so now we've got a notice of warrant sent in the mail
[01:22:02.560 --> 01:22:08.640] by the court for failure to appear but then the warrant itself is for the alleged traffic
[01:22:08.640 --> 01:22:16.000] infraction. Now, it's my understanding that the only way they can issue a warrant for your arrest
[01:22:16.000 --> 01:22:23.920] for the alleged citation itself is if you don't sign the ticket, as if you don't promise to appear.
[01:22:23.920 --> 01:22:31.840] That's why you have to sign the ticket. You'll get arrested. You will suffer a custodial arrest
[01:22:31.840 --> 01:22:36.880] if you don't sign the ticket because you are technically already under arrest when you get
[01:22:36.880 --> 01:22:42.800] pulled over and they're writing you this ticket. All right? Now, so that's the promise to appear
[01:22:42.800 --> 01:22:47.440] is when you sign and that basically you're getting a PR bond on the side of the road.
[01:22:47.440 --> 01:22:53.120] Okay, so he promised to appear. So there was no reason whatsoever for the court to issue a warrant
[01:22:53.120 --> 01:23:03.280] for the citation. So amazingly, we got the situation resolved over the telephone. Apparently,
[01:23:04.080 --> 01:23:11.440] what we're doing is actually working, folks. I called the clerk of the court and I wasn't
[01:23:11.440 --> 01:23:16.400] purporting to represent this other person. Apparently, anybody can do this. Okay? This
[01:23:16.400 --> 01:23:21.760] is not a public record. So I called and I hassled the clerk and said, what is going on here? We've
[01:23:21.760 --> 01:23:29.840] got a notice of warrant for failure to appear. But he did appear. Here's the motions and he signed
[01:23:29.840 --> 01:23:35.680] the ticket. He promised to appear. So why is the warrant for the citation? What is going on here?
[01:23:35.680 --> 01:23:40.960] And the clerk says, well, did he enter a plea? I said, no. There's nothing that requires him to
[01:23:40.960 --> 01:23:49.280] enter a plea. There's nothing in law that requires you to ever enter a plea. Okay? A plea is appropriate
[01:23:49.280 --> 01:23:56.240] if they give you notice of time, date, and place of an arraignment. But even then, you don't have
[01:23:56.240 --> 01:24:02.160] to enter a plea. The court will just enter one for you if they want to. So this is just ridiculous.
[01:24:02.160 --> 01:24:08.880] This is a toll scam to get people, to try to force people into waiving in personum jurisdiction
[01:24:08.880 --> 01:24:13.200] by entering a plea before there's ever even a complaint in the file. All right? So at any rate,
[01:24:14.400 --> 01:24:17.840] we were, my friend and I were trying to... If I can interject on that. Yeah, go ahead.
[01:24:17.840 --> 01:24:22.080] Okay. Now, as I was saying when we were talking about this on the break,
[01:24:22.720 --> 01:24:28.000] the other thing you need to be checking for people is take a look at the date on this alleged warrant
[01:24:28.640 --> 01:24:36.720] and the date on the complaint. Odds are the warrant date will predate the complaint.
[01:24:36.720 --> 01:24:38.880] And that's exactly what happened in this situation too.
[01:24:39.440 --> 01:24:47.520] This is a clear indication that the magistrate became directly involved in issuing this warrant
[01:24:47.520 --> 01:24:56.240] when there was no issue or complaint before the court. They actually issued a warrant to imprison
[01:24:56.240 --> 01:25:05.840] somebody based on nothing other than the judges want to. Because without the complaint, there was
[01:25:05.840 --> 01:25:13.600] nothing giving him any reason or authority to send out the warrant. Absolutely. Now, when I went down
[01:25:13.600 --> 01:25:19.200] to the municipal court to get a copy of everything that was in the file, the window clerk, which
[01:25:19.200 --> 01:25:23.200] I don't even think is really technically a clerk of the court. They're just the money takers.
[01:25:23.200 --> 01:25:31.360] They're just the... I call them tellers, like a bank teller. It's telling me that basically,
[01:25:31.360 --> 01:25:37.280] yeah, the warrant's there and the only way to deal with it is to post a bond, which is the amount
[01:25:37.280 --> 01:25:44.160] of the traffic ticket in order to get a trial or pretrial. That's the only way. And I'm like,
[01:25:44.160 --> 01:25:50.800] yeah, thanks, but I don't need your legal advice. All right. So basically, you don't... That is crap.
[01:25:50.800 --> 01:25:55.920] All right. We made a plan that we were going to go down there and we're going to round up as
[01:25:55.920 --> 01:26:01.520] many people as possible. This was this past Monday, but we managed to resolve it over the phone.
[01:26:01.520 --> 01:26:09.120] To go down there and march into the courts to the walk-in judge and confront the judge on the
[01:26:09.120 --> 01:26:16.640] warrant, that it's just bogus on its face, not for a registration, not for a mitigation,
[01:26:16.640 --> 01:26:22.480] not for a pretrial or trial or to post a bond or anything like that, not even to ask for pretrial,
[01:26:22.480 --> 01:26:30.000] nothing. That's their responsibility, but simply to confront the warrant on its face as bogus.
[01:26:30.000 --> 01:26:36.400] Okay. And so we plan to do that because, look, we have proof. You signed the ticket. You promised
[01:26:36.400 --> 01:26:41.200] to appear. He has proof that he appeared. So what is this warrant for the citation? What is this
[01:26:41.200 --> 01:26:48.240] notice of warrant for a failure to appear? They knew they were busted when I called them. And I
[01:26:48.240 --> 01:26:53.040] got to give credit to the clerk. I don't want to mention her name on the air, but I got to give
[01:26:53.040 --> 01:26:58.560] credit. She said she would look into it and she did. And she did call me back. She did call my
[01:26:58.560 --> 01:27:06.560] friend back too. And she took the motions and the copy of where it was, where my friend had signed
[01:27:06.560 --> 01:27:13.520] and took it into the walk-in judge herself and got the warrant redacted or recalled, whatever you
[01:27:13.520 --> 01:27:19.600] call it. And so that's the way to do it. You don't go in and say, oh my God, I've got a warrant and
[01:27:19.600 --> 01:27:24.640] then post a bond and try to get a registration on the merits. No. You confront the warrant. Look at
[01:27:24.640 --> 01:27:30.320] the, you have to read. You have to look at the warrant and see what is the warrant for. If it's
[01:27:30.320 --> 01:27:35.680] for the infraction, it's bogus if you sign the ticket. The only way that can issue a warrant for
[01:27:35.680 --> 01:27:41.440] the actual citation itself is if you didn't sign to promise to appear. And Eddie is correct.
[01:27:42.160 --> 01:27:47.120] You have to look at the date of the warrant and when the citation goes in the, I'm sorry,
[01:27:47.120 --> 01:27:50.320] when the complaint goes in the file, the complaint is always going to go in the file
[01:27:50.320 --> 01:27:57.120] after and that's why you never enter a plea, okay, because if the complaint's not there.
[01:27:57.120 --> 01:28:02.080] So they know they're busted. The gig is up with these people and they know it. That's why they're
[01:28:03.520 --> 01:28:08.480] starting to resolve things over the phone amazingly. So anyway, that's all I have on that.
[01:28:08.480 --> 01:28:16.640] Any more comments, Eddie, on that issue? Nope. Randy? Not at all. I'm good to go now.
[01:28:16.640 --> 01:28:21.440] Comments? I agree. I'm not buttoned out of that one.
[01:28:23.680 --> 01:28:32.720] Anyway, yeah. One of the things if we had time, would be nice to do is go down and pull all of the
[01:28:33.360 --> 01:28:44.400] warrants for that are filed for arrest based on the citation and see how often they're actually
[01:28:44.400 --> 01:28:52.240] doing this kind of stuff. Yes. And if the person signed the ticket, they cannot do that and guaranteed
[01:28:52.240 --> 01:28:57.920] you'll never find a warrant with the language warrant for failure to plead. They will tell you
[01:28:57.920 --> 01:29:04.240] that over the phone or they'll tell you that at the teller desk at the teller window, but it will
[01:29:04.240 --> 01:29:08.880] never say that on the paperwork because there's nothing in law that authorizes them to issue
[01:29:08.880 --> 01:29:14.560] a warrant for arrest for failure to plead. I want to tell you, it sounds like an act of
[01:29:14.560 --> 01:29:18.960] terroristic threat for them to tell me that they're going to issue a warrant and throw me in jail
[01:29:18.960 --> 01:29:27.280] if I don't enter a plea that they want to hear. Absolutely. And I'm starting to think now, Randy,
[01:29:27.280 --> 01:29:31.200] you've got a good idea. We need to go down and just start pulling a bunch of files and seeing
[01:29:31.200 --> 01:29:36.320] what's on these warrants. What is the percentage? What is the ratio of the warrants that say failure
[01:29:36.320 --> 01:29:42.240] to appear versus failure versus warrant for the citation? I have a feeling this is a standard
[01:29:42.240 --> 01:29:47.680] racket. The warrants are for the citation and the gig is up. Okay. They can't issue a warrant on
[01:29:47.680 --> 01:29:53.680] the citation if you sign the ticket. All right. So I'm sorry. I had to rant about that. We've got
[01:29:53.680 --> 01:29:58.080] to stop this, people. We've got to confront them. We'll be right back.
[01:29:59.680 --> 01:30:04.080] Top 10 reasons to question the official story of the Oklahoma City bombing. Number nine,
[01:30:04.080 --> 01:30:09.040] the extra leg. Former Oklahoma State medical examiner Dr. Fred Jordan had stated we had eight
[01:30:09.040 --> 01:30:13.840] people with amputated left legs and nine left legs to account for. Chief pathologist for Northern
[01:30:13.840 --> 01:30:19.040] Ireland, T.K. Marshall, who performed over 2,500 autopsies in his time, stated there's never been
[01:30:19.040 --> 01:30:23.600] an unknown victim. This leg belongs to a perpetrator close enough to the bomb or his body to be
[01:30:23.600 --> 01:30:29.600] damaged, leaving only a left leg behind. Who was this person? Please go to okcbombingtruth.com.
[01:30:29.600 --> 01:30:37.440] Please do not track me. Don't track me in person. Don't track me virtually and don't
[01:30:37.440 --> 01:30:42.080] track me online. Wouldn't it be nice to set those boundaries and make sure they're honored?
[01:30:42.080 --> 01:30:47.840] I'm Dr. Catherine Albright and I'll tell you more in just a moment. Privacy is under attack.
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[01:30:58.480 --> 01:31:04.000] surveillance and keep your information to yourself. Privacy, it's worth hanging on to.
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[01:31:08.880 --> 01:31:16.720] alternative to Google, Yahoo, and Bing. Start over with Start Page. We're tired of being watched
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[01:31:22.160 --> 01:31:27.040] tracking and profiling through computer code known as cookies. While cookies are a serious
[01:31:27.040 --> 01:31:32.240] privacy problem, special privacy cookies could be part of a solution. Just like you might fight
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[01:31:37.600 --> 01:31:43.040] prefer not to be tracked and profiled. In the same way the do not call list put an end to annoying
[01:31:43.040 --> 01:31:48.720] dinnertime marketing calls, a do not track cookie could put an end to online data grabs.
[01:31:48.720 --> 01:31:53.440] We need to rise up and demand our privacy. It's not only possible, it's about time.
[01:31:53.440 --> 01:31:58.640] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:32:23.440 --> 01:32:40.080] All right, folks, we are back. This is Rule of Law Radio 512646 1984. We've got a half an hour left
[01:32:40.080 --> 01:32:46.480] in the show. Right now we are going to go to Tim in Mississippi. Tim, what do you got for us?
[01:32:46.480 --> 01:32:53.920] Well, my supervisors are up to it again. A couple of years ago they acted outside the law
[01:32:54.800 --> 01:33:02.720] in adopting a mobile home park ordinance and they decided they're going to adopt a vicious dog
[01:33:02.720 --> 01:33:08.240] ordinance in the county. Then they backed it outside the law exactly as they did before.
[01:33:08.240 --> 01:33:18.880] Then before I contact, first I file a last date against them and teach them of perjury
[01:33:19.360 --> 01:33:24.560] and for failing to abide by the laws of the state of Mississippi.
[01:33:25.680 --> 01:33:31.360] And then nobody can find me. Okay, well, Tim, you're saying that they did this outside the law.
[01:33:31.360 --> 01:33:35.200] Could you explain that just a little bit? What do you mean by they did it outside the law?
[01:33:35.200 --> 01:33:42.320] Well, section 1959 of the Mississippi Code says that if they're going to adopt an ordinance in
[01:33:42.320 --> 01:33:48.160] the unincorporated areas of the county, they will be outside the city limits. It says they
[01:33:48.160 --> 01:33:55.360] shall, once they adopt the ordinance, it shall not go into effect for 60 days. It says they shall
[01:33:55.360 --> 01:34:01.760] within five days of adopting the ordinance in a legal newspaper published in the county,
[01:34:01.760 --> 01:34:07.440] published a full text of the order, and it shall be inserted at least three times within the first
[01:34:07.440 --> 01:34:16.240] 30 days of the 60 days. That gives the people the opportunity to read it, object in writing,
[01:34:17.440 --> 01:34:24.880] and that if 10% says if the supervisors adjudicate, that 10% of the people in the affected area are
[01:34:24.880 --> 01:34:33.600] opposed to the ordinance, then it shall be of no effect. They don't do that. Just like they did
[01:34:33.600 --> 01:34:41.360] on the mobile ordinance, it ran the last day for the first time on the day that it should have run
[01:34:41.360 --> 01:34:52.800] for the last time. And that's outside the law. Well, have you gathered a petition to have it
[01:34:52.800 --> 01:35:01.520] struck down as being illegal? No, I have contacted the attorney general and the state auditor.
[01:35:03.200 --> 01:35:09.440] Have you filed criminal charges against the people who voted in the law?
[01:35:10.240 --> 01:35:16.880] I have not. I filed the affidavits in the transfer...
[01:35:16.880 --> 01:35:24.160] Affidavits only deliver facts. They don't invoke any duties.
[01:35:25.440 --> 01:35:32.080] Okay. Unless the affidavits in the form of a criminal affidavit, in which case it doesn't
[01:35:32.080 --> 01:35:39.040] invoke a duty. So I need to do that with the... Yeah, these guys are violating law. When you
[01:35:39.040 --> 01:35:43.120] let them into office, you don't give them any authority to do that. No.
[01:35:43.120 --> 01:35:49.760] So they're acting outside the authority. Nine new, full-free access to enjoyment, right?
[01:35:49.760 --> 01:35:53.440] Go after them criminally. Let them explain to a grand jury how they can
[01:35:55.040 --> 01:36:01.520] do all this crap over and not follow the law that is in place to make sure that they don't
[01:36:01.520 --> 01:36:07.840] pass draconian laws that are harmful to the public. So I need to start with
[01:36:07.840 --> 01:36:14.400] the filing criminal charges at the justice court judge's office. Absolutely. Just started
[01:36:14.400 --> 01:36:19.440] running them up the flagpole and run the routine on them. File them with the justice court.
[01:36:19.440 --> 01:36:23.440] And when it comes back, file against the justice court with the prosecutor
[01:36:23.440 --> 01:36:27.040] and then go to the highest judge you can find and file against him.
[01:36:27.040 --> 01:36:30.880] Once you start getting complaints against the high-level judges, they're going to talk to
[01:36:30.880 --> 01:36:39.200] these people and say, do something. Make this guy go away and leave me alone. Politics.
[01:36:40.560 --> 01:36:46.560] Yeah. I'll get out. They play politics as time we did it.
[01:36:47.600 --> 01:36:54.240] Yeah. We understand where their weaknesses are. And for the highest-level judge around,
[01:36:54.240 --> 01:37:02.480] he's a political animal. And he understands perception is everything.
[01:37:04.800 --> 01:37:10.960] It's not whether your complaints against him are valid or not. In this case, yours will be.
[01:37:11.760 --> 01:37:14.080] Oh, they're absolutely not. It is the perception.
[01:37:14.080 --> 01:37:18.320] It's everything I've seen. It's a matter of public record what they did.
[01:37:18.880 --> 01:37:23.120] I mean, it's blatant. I've got a video of them refusing to obey the law.
[01:37:23.120 --> 01:37:30.160] Right in front of the sheriff. That should get criminal complaints. In front of the sheriff?
[01:37:31.040 --> 01:37:36.400] In front of the sheriff. Then file against the sheriff for misfeasance in office.
[01:37:38.800 --> 01:37:41.680] Okay. That'll get his attention.
[01:37:42.960 --> 01:37:49.760] Well, so he went to the attorney for the supervisors and he told him that no law has been
[01:37:49.760 --> 01:37:56.240] violated. Well, he lied. And he went to another attorney and he told him basically the same thing.
[01:37:56.880 --> 01:38:00.000] Well, it's pretty plain. I mean, it's very easily
[01:38:00.960 --> 01:38:02.240] disartable that...
[01:38:02.240 --> 01:38:08.320] File it. Take it to a grand jury. Let a grand jury determine whether or not they agree with you.
[01:38:09.920 --> 01:38:13.680] When you start pushing for grand juries, everybody's going to get excited.
[01:38:13.680 --> 01:38:21.920] And if you work the routine and get up to the highest level judge you can as quickly as you can,
[01:38:22.560 --> 01:38:28.240] then nobody will mess with you. The first policeman that looks crossways at you,
[01:38:28.240 --> 01:38:33.440] you file against that district judge accusing him of retaliation and tampering with a witness.
[01:38:35.520 --> 01:38:39.360] And the judge is going to have a fit because he didn't do nothing.
[01:38:39.360 --> 01:38:47.040] It was kind of funny when I filed that affidavit. I filed it in the chance for a clerk's office.
[01:38:47.600 --> 01:38:51.440] Well, it's his duty to see that this is running the paper all these times.
[01:38:52.320 --> 01:38:55.680] And I told him at that meeting that it was his duty to do that. And he said,
[01:38:55.680 --> 01:38:58.480] well, if you don't like the way I do things, go to court and get me thrown out.
[01:38:59.600 --> 01:39:04.240] Well, I filed this affidavit accusing him of perjury and treason.
[01:39:04.240 --> 01:39:11.840] And when I took the affidavit up there to the traffic office, I just gave it to one of the girls.
[01:39:12.880 --> 01:39:17.760] When I went back the next day to get my certified copy in my original, she was
[01:39:18.400 --> 01:39:22.640] sitting behind the desk looking kind of sheepish. It said, Mr.
[01:39:22.640 --> 01:39:30.240] the clerk had my paper in there. And buddy, he was limited. He ran and raving and carried on.
[01:39:30.240 --> 01:39:37.120] Told me I was the biggest idiot he ever saw in his life. And I said, are you refusing to file this
[01:39:37.120 --> 01:39:44.480] affidavit? And he said, it's done been filed. And I told those girls up there the next time
[01:39:44.480 --> 01:39:51.440] they wait on you, the day they do, they fired. I said, Oh, okay, I want 10 certified copies
[01:39:51.440 --> 01:39:58.800] of that document. So he had to go stand 10 certified cop make 10 certified copies of the
[01:39:58.800 --> 01:40:08.880] document accusing him of treason. It'll be better if you start filing criminal charges.
[01:40:09.680 --> 01:40:13.040] Okay. And just work this routine on them.
[01:40:14.480 --> 01:40:18.640] Because it's not that they think they will get indicted.
[01:40:20.720 --> 01:40:26.720] It's that it's possible. But that's not it's turned out not to be what the real problem for him is.
[01:40:26.720 --> 01:40:36.240] Yes. When this guy runs for office again, what if you took that affidavit and posted it on signs
[01:40:36.240 --> 01:40:42.080] all around the county? Well, they're running for office again. The clerk's not. But all the supervisors
[01:40:42.080 --> 01:40:49.040] are in the first, January, I mean, August the second, they're all running for reelection this year.
[01:40:49.040 --> 01:40:59.600] Okay. Make it political. One thing about trucks, you can't do anything about signs on trucks.
[01:40:59.600 --> 01:41:06.480] I told that to Robert Fox. And he thought that was a great idea. The next thing I know,
[01:41:06.480 --> 01:41:11.920] I see a news report where Robert has rented three or four trucks, put huge signs on them
[01:41:11.920 --> 01:41:17.280] and parked them all around the courthouse. Tell everybody what a bunch of live thieving,
[01:41:17.280 --> 01:41:24.720] scoundrels, all of the court, the judges and prosecutors were about try something like that.
[01:41:26.880 --> 01:41:34.320] The end is politics. Yep. Well, if you have them criminally and you start calling them criminals,
[01:41:34.960 --> 01:41:40.240] you go to their meetings and ask them questions about why are you violating these criminal laws.
[01:41:40.240 --> 01:41:48.960] All right. That's not the only way. I mean, the politics, not to get them voted out of office,
[01:41:48.960 --> 01:41:55.840] it's not the only way to do it. But it's one way and the criminal complaints, once you file the
[01:41:55.840 --> 01:42:02.000] criminal complaints, now you can bring up that you filed criminal complaints against. And anybody
[01:42:02.000 --> 01:42:06.080] who runs against them, you go get the criminal complaints in their opponent's hands.
[01:42:06.080 --> 01:42:14.320] Yeah. Do a little politics. Well, I've told all their opponents what they have done,
[01:42:14.320 --> 01:42:19.040] but they just did this in the last couple of days. They did it again, which is kind of a gift
[01:42:20.080 --> 01:42:25.040] right here at the lesson time. Yeah, good. Start filing the file charges against them for
[01:42:25.840 --> 01:42:28.640] a pattern of ongoing criminal activity.
[01:42:28.640 --> 01:42:37.440] All right. Rico, organized crime. Alrighty. That's what I'll do. I'll start tomorrow.
[01:42:38.720 --> 01:42:41.360] It will get their attention. I guarantee you.
[01:42:43.680 --> 01:42:47.280] And when somebody doesn't act on the complaint the way they're supposed to,
[01:42:47.280 --> 01:42:55.600] you just grin and say, wonderful. Now you've touched my tarp, baby. Now I get to hammer you.
[01:42:55.600 --> 01:43:01.120] It's always best to hammer the guy who's innocent because he's going to scream the loudest.
[01:43:02.320 --> 01:43:05.680] Look at the trouble I'm getting in for covering. You're behind.
[01:43:07.920 --> 01:43:11.040] Okay. We're about to go to break. This is Randy Calton,
[01:43:11.040 --> 01:43:15.600] Debbie Stewart, J.D. Craig with our radio. Do you have anything else for us, Tim?
[01:43:16.320 --> 01:43:22.080] No, I appreciate it. Okay. Thank you. We will come back on the other side.
[01:43:22.080 --> 01:43:25.920] All right. Eddie, did you have anything else you wanted to address?
[01:43:26.960 --> 01:43:33.520] No, sir. Okay. When we come back on the other side, we'll pick up Sylvia. Sylvia, hang on.
[01:43:33.520 --> 01:43:43.600] This is Randy Calton, Debbie Stevens, Eddie Craig with our radio. Call in number is 512-646-1984.
[01:43:43.600 --> 01:43:56.080] We'll be right back.
[01:43:59.920 --> 01:44:03.200] Hey, did you hear? Ron Paul has announced he's running for president in 2012.
[01:44:03.200 --> 01:44:06.720] Who's Ron Paul? Really? Okay. Put down the cell phone for one minute.
[01:44:06.720 --> 01:44:10.000] Your friends really don't care about your Twitter updates on what you had for breakfast.
[01:44:10.000 --> 01:44:13.040] Oh, but I'd love to make those little smiley faces with punctuation marks.
[01:44:13.040 --> 01:44:17.120] Of course you do. Now, listen closely. You need to go down to Brave New Books and learn as much
[01:44:17.120 --> 01:44:21.280] as you can about Ron Paul and his message before it's too late. They have all of his books and
[01:44:21.280 --> 01:44:25.680] many of the books he talks about. They also have t-shirts, bumper stickers, and yard signs so that
[01:44:25.680 --> 01:44:29.360] you can show your support for him during the campaign. Brave New Books? Did they have Harry
[01:44:29.360 --> 01:44:34.320] Potter and Twilight? No, but they do carry a large selection of survival and preparedness books
[01:44:34.320 --> 01:44:38.560] to protect your family in time of emergency. Oh, that sounds like that's shown in the Discovery
[01:44:38.560 --> 01:44:43.040] Channel. Yeah, there's even a wilderness survival expert that teaches classes called Earth Skills
[01:44:43.040 --> 01:44:47.680] School that you can sign up for on the website bravenewbookstore.com. What are you doing? I'm
[01:44:47.680 --> 01:44:51.680] tweeting all my friends that they should go to bravenewbookstore.com or down to the bookstore
[01:44:51.680 --> 01:44:57.760] in person. Where's it located? 1904 Guadalupe Street. There, it's sent. I even made a smiley face.
[01:44:57.760 --> 01:45:05.520] Great. Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with
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[01:45:13.280 --> 01:45:19.360] step by step. If you have a lawyer, know what your lawyer should be doing. If you don't have a
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[01:45:51.600 --> 01:46:03.040] Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[01:46:22.160 --> 01:46:29.440] Some things in this world I'll never understand. Some things I realize fully.
[01:46:30.800 --> 01:46:37.520] Somebody's on a police, that police man. Somebody's on a police, a police.
[01:46:39.280 --> 01:46:47.440] There's always room at the top of the head. I hear things are great fine and it's lonely left too.
[01:46:47.440 --> 01:46:55.680] All right folks, we are back in the rule of law radio. We are in our last segment.
[01:46:56.640 --> 01:47:02.560] So thanks to everybody that's called in so far. Right now we are going to go ahead and take Sylvia.
[01:47:04.320 --> 01:47:08.320] Good evening Sylvia, what can we do for you? Well a lot, you always do.
[01:47:11.520 --> 01:47:15.600] Hey Sylvia, hold on, there's a lot of background noise like a radio in the
[01:47:15.600 --> 01:47:21.600] background or a TV or something. Can you turn that off? It's over, I apologize.
[01:47:22.880 --> 01:47:27.200] There's no radio, I don't have a radio. Okay well whatever it is that we could hear people
[01:47:27.200 --> 01:47:32.720] talking in the background so we just need you to talk. Your name is Fred Dumane in Florida and
[01:47:32.720 --> 01:47:39.200] he's a very calm and intelligent man and he's the one who's going to speak to you about a mortgage
[01:47:39.200 --> 01:47:49.840] issue. Okay Fred? Okay. Okay, what do you got for me? So yesterday Sylvia, okay she talked to you,
[01:47:50.560 --> 01:47:55.600] she said that you said go ahead and file a lawsuit before the mortgage company does for
[01:47:55.600 --> 01:48:03.040] this gentleman in the wheelchair. When you say before they file, is that before the Liz pending?
[01:48:03.040 --> 01:48:12.160] Oh the less pending means that there's a pending lawsuit. Once you file the lawsuit
[01:48:12.160 --> 01:48:17.200] there's really no need for a less pending but less pending is a good idea anyway.
[01:48:18.240 --> 01:48:24.480] What the courts have held is that if you're on the courthouse steps at eight o'clock
[01:48:26.160 --> 01:48:29.360] when the court or nine o'clock when the clerk opens
[01:48:29.360 --> 01:48:36.720] and you're going to bid on a piece of property and someone at nine o'clock goes to the clerk's
[01:48:36.720 --> 01:48:45.680] office and files a less pendants you know about it or you are responsible for knowing about it
[01:48:46.240 --> 01:48:54.960] and then if you purchase you are not a bona fide purchaser so you have not purchased in good faith
[01:48:54.960 --> 01:49:00.320] knowing that the less pendants was in place. But once the lawsuit's in place
[01:49:01.760 --> 01:49:10.480] let me explain how this happens. You cannot statutorily stop the lender from foreclosing
[01:49:11.280 --> 01:49:20.160] and up until this point the courts have pretty well been ruling in favor of the banks no matter
[01:49:20.160 --> 01:49:27.920] what we do. When we started this court the banks ruled against us out of hand at every turn and
[01:49:27.920 --> 01:49:32.160] we expected that. But the whole purpose of what we're doing is just stop them.
[01:49:33.840 --> 01:49:41.360] Stop them in the tracks, keep people in their houses. So once you sue them the whole dynamic
[01:49:41.360 --> 01:49:47.760] changes they'll still pursue foreclosure unless you can get the court to tell them to stop.
[01:49:47.760 --> 01:49:55.600] Then we've got a pretty good way of going after that now. But it doesn't matter because if they
[01:49:57.200 --> 01:50:04.320] go ahead and foreclose and they'll sell the house but nobody will buy it so the bank will buy it back.
[01:50:05.360 --> 01:50:11.920] They understand that's all they want because almost certainly they've sold your note
[01:50:11.920 --> 01:50:20.000] and they've sold it several times. So in order for them to keep keep from getting caught in the
[01:50:20.000 --> 01:50:29.600] Ponzi scheme they have to foreclose. This is how it works. You sign the note, they take the note
[01:50:29.600 --> 01:50:34.720] and sell it to an investor and give the investor the private mortgage insurance that you put filled
[01:50:34.720 --> 01:50:43.200] out on it that you bought for the note and that protects the investor up to 85 percent of the
[01:50:43.200 --> 01:50:48.160] principal. Then they go to the derivatives market and they buy another insurance policy
[01:50:48.720 --> 01:50:53.600] and then they take the note to sell it to somebody else and they buy another one and sell it to
[01:50:53.600 --> 01:50:57.040] somebody else. So you've got a whole bunch of people out here with your notes and each time
[01:50:57.040 --> 01:51:05.120] they sell it they get 103 percent of the original principal. So they've got this huge pool of money.
[01:51:05.120 --> 01:51:08.000] Every time you make a payment they make a payment to each of these guys.
[01:51:09.440 --> 01:51:16.000] The only way they can keep this Ponzi scheme from falling apart is forcing you into foreclosure.
[01:51:16.560 --> 01:51:23.120] When you foreclose they win the insurance bet. All these insurance policies pay off 85 percent of
[01:51:23.120 --> 01:51:34.000] these notes that they sold and they're left with this huge pool of money. So all they want is
[01:51:34.000 --> 01:51:42.240] foreclosure. Once it's foreclosed if you have sued them the last thing they want is to force you out
[01:51:42.240 --> 01:51:48.720] of that property because they're looking at the property sitting three, five years and they can't
[01:51:48.720 --> 01:51:52.320] do anything with it. They can't rent it out. They can't lease it. They can't do anything and if they
[01:51:52.320 --> 01:51:59.120] force you out they have to maintain it. So primarily we've been keeping everybody in their houses.
[01:52:00.720 --> 01:52:09.600] That was the original purpose however. The tide has been turning against the lenders big time.
[01:52:11.280 --> 01:52:18.240] There's a good chance we'll start winning these suits because there's so much to come down on
[01:52:18.240 --> 01:52:25.040] these guys and especially in Florida. Florida was one of the worst places and the tide has
[01:52:25.040 --> 01:52:32.800] turned in Florida. They put the biggest foreclosure firm out of business and going after them criminally
[01:52:33.520 --> 01:52:39.520] and there's a lot is coming down on these guys. So as far as the mortgage issue
[01:52:39.520 --> 01:52:49.520] I have found nothing that has in effect other than suing them. They're not going to pay any
[01:52:49.520 --> 01:52:55.200] attention to you on anything until you sue them and if you sue these guys and they have sold
[01:52:55.200 --> 01:53:04.240] your note a number of times now they are in a spot and the best thing they can do is come
[01:53:04.240 --> 01:53:10.880] and make a deal. We've had two deals come through recently for two offers immediately after the
[01:53:10.880 --> 01:53:20.000] filing. I think the banks are beginning to see the writing on the wall. They see the legal tide
[01:53:20.000 --> 01:53:30.000] turning against them. The Bank of America last week agreed to an 8.5 billion dollar payout this
[01:53:30.000 --> 01:53:40.560] year, 6.5 next year, 15 billion. This is to the investors that purchase these notes
[01:53:41.760 --> 01:53:49.440] and that creates a horrendous problem for the banks because the investor who holds the note
[01:53:50.800 --> 01:53:58.160] they got this big payoff. They sued Bank of America accusing Bank of America of selling them
[01:53:58.160 --> 01:54:06.960] some bogus notes and they accepted consideration. So now they're going to want to come back to us
[01:54:06.960 --> 01:54:13.760] and say well you owe this note. We're going to say maybe we do but you can't collect on it.
[01:54:13.760 --> 01:54:23.680] You've already received consideration. You don't have a claim. So the best thing you know this
[01:54:23.680 --> 01:54:32.960] 8.5 billion dollars is a really big deal because it screws up everything for the banks.
[01:54:34.800 --> 01:54:39.600] Now they try to come back and collect on the notes. Now we can show that the notes have already
[01:54:39.600 --> 01:54:48.800] been the holder of the notes received consideration. This news, Wells Fargo is also paying off.
[01:54:48.800 --> 01:54:54.320] They're making a deal on one of these major lawsuits. So the sky is really falling in.
[01:54:54.320 --> 01:55:01.360] If you want to stay in your place, whether you use us or anybody else to sue them,
[01:55:03.040 --> 01:55:07.120] good suit, bad suit, the end don't make a whole lot of difference. Just sue them.
[01:55:08.320 --> 01:55:15.600] If you file a really garbage suit against them, the other side is going to come back with a rule
[01:55:15.600 --> 01:55:20.560] 12 motion to dismiss for failure of state of claim and which recovery can be had. If you
[01:55:20.560 --> 01:55:25.600] file a really good lawsuit against them, the other side is going to come back with a rule
[01:55:25.600 --> 01:55:29.040] 12 motion to dismiss for failure of state of claim and which recovery can be had.
[01:55:29.040 --> 01:55:33.840] Standard procedure knee jerk. And the judge is going to rule in favor of the bank.
[01:55:36.000 --> 01:55:42.720] Standard procedure knee jerk. And then they're going to say we dismiss without prejudice.
[01:55:42.720 --> 01:55:49.280] You need to file a more definite statement. So we come back with an amended pleading.
[01:55:50.480 --> 01:55:53.280] And they file a motion to rule 12 motion to dismiss for failure of state of claim,
[01:55:53.280 --> 01:55:58.080] which recovery can be had. We file a standard objection to the motion for dismissal.
[01:55:59.040 --> 01:56:04.240] And we go to this routine again. We keep him in court until hell freezes over.
[01:56:04.240 --> 01:56:14.960] But with the way the worm is turning our next suit, what we're providing now is two pages.
[01:56:17.200 --> 01:56:23.600] Who are you? You come to me and you say I owe you money. I don't ever remember entering into a
[01:56:23.600 --> 01:56:30.800] contract with you. I don't. I don't agree that a note actually exists. Prove it.
[01:56:30.800 --> 01:56:35.520] Well, I got this copy. I said, well, yeah, you got a copy. I got a copy too.
[01:56:35.520 --> 01:56:40.960] Mine looks different than yours. Take me about five minutes to make about 20 copies that all
[01:56:40.960 --> 01:56:45.120] look the same, but different word and get them. That's easy. Show me the original.
[01:56:46.160 --> 01:56:51.280] And they prove to me that that original is in your hand as a proper holder.
[01:56:51.920 --> 01:56:59.920] In order to do that, you have to give me a chain of custody directly back to the original lender
[01:56:59.920 --> 01:57:04.080] who I, if you prove up that the contract exists, which I don't agree to,
[01:57:05.440 --> 01:57:08.560] if you can prove it up, then you have to prove that you hold it properly.
[01:57:09.840 --> 01:57:15.600] They can't do it. They have screwed things up so bad they can't do it. We could win on the first
[01:57:15.600 --> 01:57:20.720] suit and that's just two pages. If the judge rules against us on that one, we come back with a 50
[01:57:20.720 --> 01:57:27.760] page suit and accuse him of being vicariously liable for everything everybody's done.
[01:57:27.760 --> 01:57:32.720] And if the judge says that one out, we come back with another one and we sue everybody,
[01:57:32.720 --> 01:57:39.600] the real estate agent, the underwriter, the trustee, the broker,
[01:57:40.480 --> 01:57:47.440] every servicer is every service to note. Every time they toss one, we raise the stakes on them.
[01:57:48.160 --> 01:57:52.320] And then we look at, there's a lot more to do. We look at the documentation and make sure there's
[01:57:52.320 --> 01:57:57.440] no robo-siders. If there's a robo-sider, we go straight to the grand jury with the robo-sider.
[01:57:58.400 --> 01:58:04.400] And then we move to strike all the pleadings that has the robo-siders in the drawer. There are lots
[01:58:04.400 --> 01:58:10.800] of stuff you can do and that's the point. Once you sue them, there's lots of stuff you can do. No
[01:58:10.800 --> 01:58:15.520] matter what they throw at you, there's stuff you can come back and do. If they throw out your suit
[01:58:15.520 --> 01:58:23.520] completely, we'll refile it. So you can stay in the house if you fight them. Okay, we're running out
[01:58:23.520 --> 01:58:30.800] of time. This is Randy Kelton, Deborah Steven, J.D. Craig, we have a lot of radio. Thank you for
[01:58:30.800 --> 01:58:37.360] listening. We'll be back tomorrow with our four-hour info marathon. And I hope to have a really
[01:58:37.360 --> 01:58:46.080] P.O.'s high-level attorney out of North Carolina on trying to get a date set. But he is pretty
[01:58:46.080 --> 01:58:51.360] upset as a North Carolina Highway Patrol and I'm hoping I can get him on to tell you his story.
[01:58:52.160 --> 01:58:54.320] We'll be back tomorrow. Thank you for listening.
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