ROL_2011-07-22_16k_Hr3-4.timecode
[00:00.000 --> 00:04.760] This news brief brought to you by the International Newsnet.
[00:04.760 --> 00:10.200] At least six of Iran's elite revolutionary guardsmen, including a senior officer, were
[00:10.200 --> 00:15.880] reportedly killed Friday in clashes with ethnic Kurdish fighters on the border with Iraq.
[00:15.880 --> 00:21.280] Opposition websites said one of the dead, Abbas Asimi, was the guards' most senior commander
[00:21.280 --> 00:25.520] in the important holy city of Qa'um in southwestern Iran.
[00:25.520 --> 00:30.720] At least two people were killed Friday after explosions shook government buildings in
[00:30.720 --> 00:34.480] Oslo, including the Norwegian Prime Minister's office.
[00:34.480 --> 00:40.160] The attack comes days after prosecutors filed a terrorism charge against Mullah Krekhar,
[00:40.160 --> 00:45.320] founder of the Kurdish Islamist group Ansar al-Islam, accused of threatening a former
[00:45.320 --> 00:46.840] minister with death.
[00:46.840 --> 00:51.240] Later a gunman opened fire at the Labour Party's youth camp outside Oslo, shooting
[00:51.240 --> 00:56.200] several people. It was unclear if the attacks were related.
[00:56.200 --> 01:01.800] Republican lawmakers in Florida recently rejected over $50 million in federal aid because it
[01:01.800 --> 01:05.200] was part of Barack Obama's health care reform package.
[01:05.200 --> 01:09.480] The money offered through the Federal Affordable Health Care Act would have paid for a visiting
[01:09.480 --> 01:14.920] nurse program run by Healthy Families Florida, one of the most successful child abuse prevention
[01:14.920 --> 01:16.760] efforts in the nation.
[01:16.760 --> 01:21.560] Healthy Families budget was cut last year by close to $10 million.
[01:21.560 --> 01:27.920] By January 2012, the State Department will command a 5,500 strong mercenary army to provide
[01:27.920 --> 01:32.960] security for its diplomats in Iraq once the U.S. military withdraws.
[01:32.960 --> 01:37.880] The State Department has been resisting efforts by Special Inspector General for Iraq Reconstruction
[01:37.880 --> 01:43.280] Stuart Ballin to obtain basic information about how it will command its assembled army
[01:43.280 --> 01:45.280] of security contractors.
[01:45.280 --> 01:49.720] The Department has used private security for its diplomats in war zones for almost a decade
[01:49.720 --> 01:55.400] and poor control of them caused one of the biggest debacles of the Iraq War, the 2007
[01:55.400 --> 02:00.880] killings by Blackwater Guards of 17 Iraqi civilians in Nisor Square.
[02:00.880 --> 02:05.400] The State Department has awarded three security contracts for Iraq worth nearly $3 billion
[02:05.400 --> 02:07.400] over five years.
[02:07.400 --> 02:14.280] A female polar bear recently swam for a record-breaking nine days straight, traversing 426 miles of
[02:14.280 --> 02:15.280] water.
[02:15.280 --> 02:19.120] The bear, who lost 22 percent of her body weight, made her epic journey in the Buford
[02:19.120 --> 02:24.720] Sea, where ice is shrinking due to global warming, forcing mother bears to swim vast
[02:24.720 --> 02:26.800] distances to reach land.
[02:26.800 --> 02:28.520] Her cub died in root.
[02:28.520 --> 02:33.560] Stephen Amstrup, chief scientist for Polar Bears International, said another female swam
[02:33.560 --> 02:38.000] for more than 12 days but found places to rest during her journey.
[02:38.000 --> 02:42.200] Five of the 11 mothers that had cubs before they set out lost their young by the time
[02:42.200 --> 02:45.080] the researchers observed them again on land.
[02:45.080 --> 02:51.000] The National Snow and Ice Data Center said in 2010 Arctic sea ice was the third lowest
[02:51.000 --> 02:52.000] on record.
[02:52.000 --> 03:13.000] You are listening to the Rural Law Radio Network at RuralLawRadio.com.
[03:13.000 --> 03:21.840] Live free speech talk radio at its best.
[03:21.840 --> 03:46.920] Well, I received my remedy today, came in the box just like we say, I accepted it,
[03:46.920 --> 03:59.080] now and, somehow, you're right away, it's not four years, not later, we are originators
[03:59.080 --> 04:07.360] and the pathway seems to get straighter every day.
[04:07.360 --> 04:16.500] Oh, OK, this is Randy Celt Andsched, Eddy Craig, of the is the.
[04:16.500 --> 04:18.820] If we don't have any more colleagues, then we'll go back to Ken.
[04:18.820 --> 04:21.620] He's still got a lot more information.
[04:21.620 --> 04:26.660] I think we could probably do four hours or just Ken.
[04:26.660 --> 04:28.380] Now, I'll tell you somebody ahead of you.
[04:28.380 --> 04:31.100] Yeah, yeah, give me a headache.
[04:31.100 --> 04:35.260] The material requires a week.
[04:35.260 --> 04:41.420] OK, then we're going to go to Guy in Arkansas.
[04:41.420 --> 04:43.100] Guy, what's up?
[04:43.100 --> 04:44.900] Yeah, good evening, everybody.
[04:44.900 --> 04:46.980] You've got a fantastic guest on tonight,
[04:46.980 --> 04:49.140] and I look forward to his publication.
[04:49.140 --> 04:53.180] Definitely be sitting on my shelf as soon as it's available.
[04:53.180 --> 04:56.340] Oh, no, don't talk good about Ken.
[04:56.340 --> 04:58.620] I'll never hear the end of it.
[04:58.620 --> 05:01.420] OK, so I've sold two copies at this point, right?
[05:05.420 --> 05:11.620] Hey, look, there are only 22,000 people here.
[05:11.620 --> 05:13.660] And of course, everyone knows in this town
[05:13.660 --> 05:17.220] that you can drive a little motor scooter around
[05:17.220 --> 05:19.700] with an FB tag, doesn't FB license,
[05:19.700 --> 05:22.580] and you don't need a driver's license to drive it,
[05:22.580 --> 05:25.500] as long as it's 49cc and under.
[05:25.500 --> 05:28.380] And yet, there's a guy in my trailer park here
[05:28.380 --> 05:33.420] who some smart-ass cop pulled him over,
[05:33.420 --> 05:36.180] found out that he had a suspended license,
[05:36.180 --> 05:39.180] gave him a ticket for blowing the stop sign.
[05:39.180 --> 05:41.020] That's what he pulled him over for,
[05:41.020 --> 05:46.420] and then arrested him for not having a driver's license
[05:46.420 --> 05:49.500] to drive this little scooter.
[05:49.500 --> 05:53.500] And so he came to me to look for some advice.
[05:53.500 --> 06:00.740] I told him, I said, well, we'll answer it with the state
[06:00.740 --> 06:04.620] laws that actually it states in there, the state statutes.
[06:04.620 --> 06:07.500] It actually states that if it's a 49cc and under,
[06:07.500 --> 06:10.540] you don't have to license, blah, blah, blah, blah, blah.
[06:10.540 --> 06:15.380] So I said, well, now that you know the truth,
[06:15.380 --> 06:18.100] I said, he was a little apprehensive about going back
[06:18.100 --> 06:19.820] out on the streets and driving this thing,
[06:19.820 --> 06:23.660] because it was his only means of getting up and back to work.
[06:23.660 --> 06:25.060] So I told him, I said, well, hell,
[06:25.060 --> 06:27.540] you've got the truth right here.
[06:27.540 --> 06:33.060] So I just heard recently that I haven't seen him driving
[06:33.060 --> 06:35.260] around in his little scooter here.
[06:35.260 --> 06:38.660] And I asked the front, hey, where's Mike in his scooter?
[06:38.660 --> 06:41.140] And he said, well, he got stopped again,
[06:41.140 --> 06:43.220] and now the scooter's up by his work,
[06:43.220 --> 06:44.940] and he's too scared to drive it.
[06:44.940 --> 06:48.420] He did to keep, I guess, harassing him.
[06:48.420 --> 06:50.460] And I guess they harassed him to the point
[06:50.460 --> 06:52.940] to where this guy doesn't even want to talk to me anymore.
[06:52.940 --> 06:55.700] And I was going to help him try and go through the legal movement.
[06:55.700 --> 06:59.820] OK, OK, you can help him.
[06:59.820 --> 07:08.500] In the federal law, right at the beginning of the 18 US code,
[07:08.500 --> 07:12.460] 18 US code 4.
[07:12.460 --> 07:17.740] Now, it's not like 18 US code 29, 32, 78, or so.
[07:17.740 --> 07:24.020] It's right up there in the front, misprison of felony.
[07:24.020 --> 07:28.020] And in every state, we have a statute
[07:28.020 --> 07:33.660] that makes it a crime if a private citizen has knowledge
[07:33.660 --> 07:39.780] of the felony and does not report it.
[07:39.780 --> 07:46.180] And if you do report a crime, you are absolutely protected.
[07:46.180 --> 07:55.540] OK, and you can report a crime based on hearsay information.
[07:55.540 --> 08:00.020] If Eddie comes to me and says, you know, I saw Ken over there,
[08:00.020 --> 08:03.420] and he kills this guy, I saw him do it.
[08:03.420 --> 08:05.780] But I'm terrified of him, man.
[08:05.780 --> 08:09.180] I don't know what he'll do to me.
[08:09.180 --> 08:14.460] I can go to the police and say, I have reason to believe.
[08:14.460 --> 08:18.380] And I do believe that because Eddie told me,
[08:18.380 --> 08:24.540] and I trust what Eddie says, that Ken did this certain thing.
[08:24.540 --> 08:28.660] I not only have rights to do it, I have a duty to do it.
[08:28.660 --> 08:33.860] The cops are harassing this guy, run our routine on him,
[08:33.860 --> 08:35.500] file complaints against the cops.
[08:35.500 --> 08:37.620] That's the worst thing that can happen to him.
[08:37.620 --> 08:40.740] They get some third party not involved.
[08:40.740 --> 08:43.620] Now, they can intimidate the guy on the scooter,
[08:43.620 --> 08:46.300] but you're not on a scooter.
[08:46.300 --> 08:46.780] Yeah, that's all you know.
[08:46.780 --> 08:50.180] You filed against the police officer.
[08:50.180 --> 08:54.500] The real black mark on this one is the fact
[08:54.500 --> 08:57.020] that the cop actually arrested him.
[08:57.020 --> 09:01.700] He had to put up $60 out of his pocket for bond.
[09:01.700 --> 09:06.740] And that was obviously a false arrest and things like that.
[09:06.740 --> 09:08.700] But the guy, he's a newbie.
[09:08.700 --> 09:10.340] He doesn't know his rights.
[09:10.340 --> 09:13.980] Like a lot of us are trying to collect.
[09:13.980 --> 09:16.380] You can make up the complaint, take it to a note,
[09:16.380 --> 09:24.220] and have it verified, and send it to the prosecuting attorney.
[09:24.220 --> 09:27.860] When the prosecuting attorney fails to act on it,
[09:27.860 --> 09:30.220] then you prepare a complaint against the prosecuting
[09:30.220 --> 09:35.740] attorney and send it to the highest judge you can find.
[09:35.740 --> 09:38.300] Make sure you put a letter in there for them to return to you
[09:38.300 --> 09:41.380] to tell you when they're going to give it to the grand jury.
[09:41.380 --> 09:42.900] Uh-huh, right.
[09:42.900 --> 09:44.460] And he'll send that letter back to you
[09:44.460 --> 09:46.300] telling you he's not going to, that you're
[09:46.300 --> 09:50.740] supposed to give this to the police or a magistrate or some BS.
[09:50.740 --> 09:53.100] And when you get that, then you make up a complaint,
[09:53.100 --> 09:57.900] you send it to the grand jury accusing the judge of shielding
[09:57.900 --> 10:01.020] the prosecutor from prosecution because the prosecutor
[10:01.020 --> 10:05.780] wouldn't prosecute this police officer.
[10:05.780 --> 10:09.260] Now, you may not ever get that before grand jury.
[10:09.260 --> 10:13.900] But you're going to have one P.O.'s district judge.
[10:13.900 --> 10:16.940] And he's going to be crawling down the throat of one district
[10:16.940 --> 10:20.780] attorney and want him to make this go away.
[10:20.780 --> 10:26.820] And if a police officer says anything to you, you don't like.
[10:26.820 --> 10:28.940] You know, if they give you any indication,
[10:28.940 --> 10:34.300] they might want to let you know what a bad thing that was.
[10:34.300 --> 10:36.700] Then you file criminal charges against that district judge
[10:36.700 --> 10:42.420] accusing him of sending the officer down there to harass you
[10:42.420 --> 10:46.580] and to tackle with a witness and obstruct justice
[10:46.580 --> 10:49.900] because you file criminal charges against him.
[10:49.900 --> 10:54.620] Now you'll have a really unhappy district judge
[10:54.620 --> 10:57.940] that they'll make the police not want to see you,
[10:57.940 --> 11:01.540] not want to see you down the scooter.
[11:01.540 --> 11:03.380] You can get their attention.
[11:03.380 --> 11:09.420] What about going after the cop civilly for, obviously?
[11:09.420 --> 11:10.820] You can't do that.
[11:10.820 --> 11:14.260] Is there a look of duty?
[11:14.260 --> 11:18.500] You have no standing to go after him civilly.
[11:18.500 --> 11:22.900] But you do have standing to file criminal charges.
[11:22.900 --> 11:26.020] That's what I was considering, too.
[11:26.020 --> 11:29.060] Something to let them know that, hey,
[11:29.060 --> 11:30.900] that would be a big standing in this town
[11:30.900 --> 11:36.340] to see that a cop gets a good because of the fact
[11:36.340 --> 11:40.940] he was harassing a citizen that was obviously, you know,
[11:40.940 --> 11:43.540] the guy, obviously he was the he's incompetent cop
[11:43.540 --> 11:47.620] because obviously he doesn't know the law.
[11:47.620 --> 11:49.860] I would think it's a malicious perpetuation.
[11:49.860 --> 11:52.180] Well, don't you think?
[11:52.180 --> 11:54.180] Absolutely.
[11:54.180 --> 11:59.540] Well, the fast one is aggravated kidnapping.
[11:59.540 --> 12:00.020] Yeah.
[12:00.020 --> 12:02.540] That's the first thing we found.
[12:02.540 --> 12:04.540] But make sure you run the routine
[12:04.540 --> 12:07.140] so you get a shot at the judge.
[12:07.140 --> 12:07.620] OK.
[12:07.620 --> 12:10.620] This will keep the police from messing with you.
[12:10.620 --> 12:11.620] Gotcha.
[12:11.620 --> 12:14.900] Now, could I, I think you said that I'm coming
[12:14.900 --> 12:19.780] as a third party witness, right?
[12:19.780 --> 12:20.260] Yeah.
[12:20.260 --> 12:24.140] No, you don't even have to be a witness.
[12:24.140 --> 12:25.540] You don't have to witness anything.
[12:25.540 --> 12:26.460] We talked to this guy.
[12:26.460 --> 12:27.300] He tells you this.
[12:27.300 --> 12:29.220] You believe him?
[12:29.220 --> 12:31.340] You have standing to file a complaint.
[12:31.340 --> 12:35.020] The complaint can be filed based on hearsay.
[12:35.020 --> 12:35.900] Yeah.
[12:35.900 --> 12:37.340] He showed me this issue.
[12:37.340 --> 12:39.700] One was traffic and the other was criminal.
[12:39.700 --> 12:43.020] It does it right there on the ticket.
[12:43.020 --> 12:45.140] Yeah, get a copy of the ticket from him.
[12:45.140 --> 12:47.580] And that's hard evidence.
[12:47.580 --> 12:48.420] Well, that's just it.
[12:48.420 --> 12:53.980] I was, he gave me his ticket and he gave me the research
[12:53.980 --> 12:57.580] on it because I told him, go look at the state statute,
[12:57.580 --> 12:59.940] find it, and he spent all day going through that.
[12:59.940 --> 13:03.300] And he went, he even went into the town hall court.
[13:03.300 --> 13:06.460] She helped him get all this stuff.
[13:06.460 --> 13:08.580] But all of a sudden, he disappears on me.
[13:08.580 --> 13:13.820] Like the guy, I think he, I think because they know that I
[13:13.820 --> 13:15.860] know some legal stuff around here.
[13:15.860 --> 13:16.340] OK.
[13:16.340 --> 13:18.140] OK, yeah, they're intimidating this guy.
[13:18.140 --> 13:19.820] OK, that's easy to handle.
[13:19.820 --> 13:23.900] You go down there and dig out this information.
[13:23.900 --> 13:27.220] Yeah, well, that's what I was thinking about being a third
[13:27.220 --> 13:31.740] party litigant.
[13:31.740 --> 13:36.260] Well, you can't, you have no standing to file a civil action.
[13:36.260 --> 13:39.980] But you do have standing to pursue criminal action.
[13:39.980 --> 13:42.980] Well, how about a friend of the court, Emma's Curie?
[13:47.340 --> 13:50.460] Well, no, no, no, you can't, and me can securitize
[13:50.460 --> 13:52.100] something else.
[13:52.100 --> 13:54.500] That's where you file a brief.
[13:54.500 --> 13:58.020] You can't come in at any way, represent this guy,
[13:58.020 --> 14:00.140] or act in his benefit.
[14:00.140 --> 14:03.020] That's what you're doing is not in his benefit.
[14:03.020 --> 14:06.140] You're invoking, you're enforcing law.
[14:06.140 --> 14:09.100] You're doing your duty to report crime.
[14:09.100 --> 14:11.380] That's right, because he showed me the statutes.
[14:11.380 --> 14:13.020] He showed me the ticket.
[14:13.020 --> 14:18.420] And I thought that an Emma's Curie would be a third party.
[14:18.420 --> 14:21.020] Oh, you're talking about filing it into the court.
[14:21.020 --> 14:23.140] Yes, you can do that.
[14:23.140 --> 14:25.780] OK, that's what I was concerned.
[14:25.780 --> 14:26.740] Yeah, I put that in.
[14:26.740 --> 14:28.220] 10.
[14:28.220 --> 14:30.340] I put the A.S.
[14:30.340 --> 14:32.580] You want to address Mika's Curie?
[14:32.580 --> 14:35.140] I'd make sure we pronounce it right.
[14:35.140 --> 14:36.540] Yeah, thank you.
[14:36.540 --> 14:40.340] Yeah, Mika's Curie, I'm a friend of the court.
[14:40.340 --> 14:42.380] I have done it on three occasions
[14:42.380 --> 14:45.980] where I've stood up in open court, one in criminal
[14:45.980 --> 14:47.980] and two in civil cases.
[14:47.980 --> 14:51.020] And the judge went ahead and let me speak.
[14:51.020 --> 14:54.340] And I basically presented what the defense counsel
[14:54.340 --> 14:57.220] or counsel for the person that was getting clobbered
[14:57.220 --> 14:59.740] would have presented had he had counsel.
[14:59.740 --> 15:04.100] And in every one of those cases, we prevailed.
[15:04.100 --> 15:06.060] A number of cases, though, that I've
[15:06.060 --> 15:09.060] asked to speak to and address the court of Mika's Curie,
[15:09.060 --> 15:12.020] I specifically traffic courts, they
[15:12.020 --> 15:13.780] don't want to hear from me because they know what they're
[15:13.780 --> 15:16.220] going to hear if they don't want to hear it.
[15:16.220 --> 15:17.900] So they don't let me do it.
[15:17.900 --> 15:20.380] And that's maybe what you're going to find down there.
[15:20.380 --> 15:21.940] I'd be prepared to do it.
[15:21.940 --> 15:24.420] But anyway, if you're going to actually prepare
[15:24.420 --> 15:26.180] an amicus brief, what you want to do
[15:26.180 --> 15:30.860] is you need to go down to the date and the time of the tickets.
[15:30.860 --> 15:32.860] Go down and get copies of them.
[15:32.860 --> 15:37.140] File an amicus brief on behalf of that ticket.
[15:37.140 --> 15:38.820] And there's procedures out there you
[15:38.820 --> 15:41.900] can find for labeling an amicus brief.
[15:41.900 --> 15:44.420] And you've got to specify what the tickets were.
[15:44.420 --> 15:47.220] You include a copy as an exhibit.
[15:47.220 --> 15:49.900] And you then cite the law and indicate
[15:49.900 --> 15:53.180] that the officer has clearly exceeded his authority
[15:53.180 --> 15:56.740] by doing so and has potentially committed crimes
[15:56.740 --> 15:58.580] in the process of doing this.
[15:58.580 --> 16:03.540] And move as a friend of the court for the total dismissal
[16:03.540 --> 16:08.020] with prejudice of the charges against the accused.
[16:08.020 --> 16:12.500] Yes, and if you will send me an email,
[16:12.500 --> 16:16.620] I will send you a copy of some amicus
[16:16.620 --> 16:22.580] curia briefs that I have so you can see how a brief is structured.
[16:22.580 --> 16:24.300] Well, I appreciate that, Randy.
[16:24.300 --> 16:24.900] Appreciate it.
[16:24.900 --> 16:26.500] Now, I won't take up any more time.
[16:26.500 --> 16:28.460] You've been very valuable on this information.
[16:28.460 --> 16:30.700] And I'll open up the phone for other folks.
[16:30.700 --> 16:32.220] Thank you.
[16:32.220 --> 16:33.220] Thank you very much.
[16:33.220 --> 16:36.500] This is quickly.
[16:36.500 --> 16:38.780] Well, the thing I was going to say is sometimes you
[16:38.780 --> 16:43.100] can't help people when they don't want to be helped.
[16:43.100 --> 16:44.020] Sometimes you can't.
[16:44.020 --> 16:47.380] But you can kick the cops behind whether this guy likes it
[16:47.380 --> 16:49.540] or not, because if I have a criminal complaint,
[16:49.540 --> 16:50.900] he has nothing to say about it.
[16:50.900 --> 16:53.380] This is Randy Calderon, David Craig,
[16:53.380 --> 16:56.340] with Law Radio, we'll be right back on the other side.
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[18:24.260 --> 18:26.300] how to answer letters and phone calls,
[18:26.300 --> 18:28.900] how to get debt collectors out of your credit reports,
[18:28.900 --> 18:30.820] how to turn the financial tables on them,
[18:30.820 --> 18:33.580] and make them pay you to go away.
[18:33.580 --> 18:35.140] The Michael Mirrors Proven Method
[18:35.140 --> 18:38.380] is the solution for how to stop debt collectors.
[18:38.380 --> 18:40.780] Personal consultation is available as well.
[18:40.780 --> 18:44.180] For more information, please visit ruleoflawradio.com
[18:44.180 --> 18:46.460] and click on the blue Michael Mirrors banner
[18:46.460 --> 18:49.260] or email michaelmirrors at yahoo.com.
[18:49.260 --> 18:55.900] That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-m
[18:55.900 --> 19:01.860] at yahoo.com to learn how to stop debt collectors now.
[19:01.860 --> 19:04.380] Well, don't let nothing get to you.
[19:04.380 --> 19:06.860] Only the father can do it by himself.
[19:06.860 --> 19:09.900] Don't let bad-mine people hurt you.
[19:09.900 --> 19:13.260] Until Satan gets behind.
[19:13.260 --> 19:18.220] You know what I mean? My friend, Mala Jackson, come.
[19:18.220 --> 19:21.260] Trust in the heart, me pretty.
[19:21.260 --> 19:23.980] Telling you a problem, baby.
[19:23.980 --> 19:26.940] Calling is made once a day.
[19:26.940 --> 19:29.900] Every day you know you will see him.
[19:29.900 --> 19:32.980] Trust in the heart, me pretty.
[19:32.980 --> 19:35.900] Telling you a problem, baby.
[19:35.900 --> 19:38.540] Calling is made once a day.
[19:38.540 --> 19:39.780] OK, we're back.
[19:39.780 --> 19:42.300] Randy Kelton, Debbie Susan, Betty Craig.
[19:42.300 --> 19:48.300] Ruleoflawradio, now we're going to go to Phil in Texas.
[19:48.300 --> 19:50.820] Phil, what's on your mind tonight?
[19:50.820 --> 19:54.300] I got this ticket from August of 2008
[19:54.300 --> 19:57.420] in Tarrant County in Fort Worth City.
[19:57.420 --> 19:59.580] It was for no driver's license, no insurance,
[19:59.580 --> 20:04.100] and changing a lane when I was signaled.
[20:04.100 --> 20:06.900] I did have insurance, or the vehicle I was in
[20:06.900 --> 20:08.740] didn't have proof of insurance.
[20:08.740 --> 20:10.500] But at the time I did have insurance,
[20:10.500 --> 20:13.100] so I was going to the court and they said,
[20:13.100 --> 20:17.020] well, if you have insurance, or had insurance at the time,
[20:17.020 --> 20:18.420] you can get your ticket dismissed.
[20:18.420 --> 20:20.780] They were telling someone else this.
[20:20.780 --> 20:22.500] So I went up there to prove of insurance,
[20:22.500 --> 20:26.740] and they evidently got rid of that one.
[20:26.740 --> 20:29.700] And I think the one on changing a lane without a signal,
[20:29.700 --> 20:32.180] I think, has also been dismissed.
[20:32.180 --> 20:36.500] But I've got a court date this coming Friday.
[20:36.500 --> 20:39.780] And I went down Thursday to see if I could get this thing
[20:39.780 --> 20:42.780] extended again, and that failed.
[20:42.780 --> 20:46.860] I went to the clerk and asked to see the file,
[20:46.860 --> 20:48.340] and I was turned down and said that I'd
[20:48.340 --> 20:51.580] have to fill out a form like an open record request.
[20:51.580 --> 20:54.580] And I said, well, I don't think I have to wait for that.
[20:54.580 --> 20:57.380] And then, so I asked the bailiff, I told the bailiff,
[20:57.380 --> 20:59.340] I said to the bailiff, I said, well,
[20:59.340 --> 21:01.900] I'm asking for a see the file on this ticket here I got.
[21:01.900 --> 21:03.020] And she won't give it to me.
[21:03.020 --> 21:06.340] He says, well, you have to get the file back.
[21:06.340 --> 21:07.940] And I said, well, I don't think I have to.
[21:07.940 --> 21:09.780] I don't think the law requires me to do that.
[21:09.780 --> 21:11.620] This is court.
[21:11.620 --> 21:15.060] So I called 911 and told the officer,
[21:15.060 --> 21:17.620] told the dispatcher where I was.
[21:17.620 --> 21:19.420] And they went next door to City Hall
[21:19.420 --> 21:21.900] and took me into the court.
[21:21.900 --> 21:25.140] I waited about 40 minutes, and the bailiff
[21:25.140 --> 21:26.700] that I asked to come over came to me.
[21:26.700 --> 21:30.740] And he said, well, the officer contacted our dispatch,
[21:30.740 --> 21:34.260] and he's not coming over here for that.
[21:34.260 --> 21:36.260] And he says, you can go next door if you want to,
[21:36.260 --> 21:38.100] I've been asking for about this, but they'll tell you,
[21:38.100 --> 21:39.860] you have to fill out the form.
[21:39.860 --> 21:43.780] And so I went on home.
[21:43.780 --> 21:48.900] OK, then make up a criminal affidavit.
[21:48.900 --> 21:52.260] When I go down to the clerk's office,
[21:52.260 --> 21:56.540] I tend to have a criminal affidavit with me.
[21:56.540 --> 22:01.420] You're in Texas, so go to jurisimprudence.com.
[22:01.420 --> 22:03.380] Juris?
[22:03.380 --> 22:12.300] J-U-R-I-S, I-M-P-R-U-D-E-N-C-E.com.
[22:12.300 --> 22:16.140] Top frog on the right.
[22:16.140 --> 22:18.340] The frogs are in there because I called this all
[22:18.340 --> 22:20.380] the frog form conspiracy.
[22:20.380 --> 22:23.260] So click the top frog on the right.
[22:23.260 --> 22:27.220] That's documents and researches.
[22:27.220 --> 22:30.500] And you'll see a list, a list of headings,
[22:30.500 --> 22:34.820] pick blanks, and inside blanks, you
[22:34.820 --> 22:39.820] will find a blank criminal complaint form.
[22:39.820 --> 22:43.100] Just download that as the word document,
[22:43.100 --> 22:49.140] open it in Word, fill in the blanks, take it to a notary.
[22:49.140 --> 22:50.700] Affirm it.
[22:50.700 --> 22:53.540] Affirm in law means sign.
[22:53.540 --> 22:54.860] Sign it before the notary.
[22:54.860 --> 22:59.420] Have them verify your signature with the notary stamp.
[22:59.420 --> 23:03.220] And mail it to the prosecuting attorney.
[23:03.220 --> 23:04.060] In the court.
[23:04.060 --> 23:07.420] With a letter asking the prosecutor
[23:07.420 --> 23:13.500] notify you when he plans to present that to the grand jury.
[23:13.500 --> 23:14.900] That's the city court now.
[23:14.900 --> 23:17.340] Is that municipal court?
[23:17.340 --> 23:19.420] No, no.
[23:19.420 --> 23:23.420] On this clerk, you make the accusation against the clerk.
[23:23.420 --> 23:25.740] Now, I was given some background noise when you're talking.
[23:25.740 --> 23:30.740] You said that you asked for criminal records and the clerk.
[23:30.740 --> 23:32.380] What did she tell you?
[23:32.380 --> 23:36.780] She said she handed me a open records
[23:36.780 --> 23:40.300] like form that you would find somewhere.
[23:40.300 --> 23:41.420] OK, OK, good.
[23:41.420 --> 23:43.140] That's what I thought.
[23:43.140 --> 23:46.620] OK, write this down.
[23:46.620 --> 23:52.740] 27.004, government code.
[23:52.740 --> 23:56.180] 2020.004.
[23:56.180 --> 23:59.620] Yes, look that up in the code.
[23:59.620 --> 24:04.620] Attach a copy to your complaint.
[24:04.620 --> 24:08.860] Under the rules, a county or district court
[24:08.860 --> 24:14.500] can ask for a written request for access to records.
[24:14.500 --> 24:18.460] They almost never do, but they can do that under the rules.
[24:18.460 --> 24:19.380] OK.
[24:19.380 --> 24:23.180] However, a justice court or a municipal court
[24:23.180 --> 24:25.340] is governed by 27.004.
[24:25.340 --> 24:27.980] It's a special statute that applies to those courts
[24:27.980 --> 24:30.580] specifically, and it requires them
[24:30.580 --> 24:34.180] to keep all of their records open for public inspection
[24:34.180 --> 24:38.500] by all interested parties at all reasonable times.
[24:38.500 --> 24:44.740] Attorney General Pinion J.M. 124 describes interested parties
[24:44.740 --> 24:47.740] as any member of the public, reasonable times
[24:47.740 --> 24:49.700] is normal business hours.
[24:49.700 --> 24:50.220] OK.
[24:50.220 --> 24:55.300] So municipal court and a justice court,
[24:55.300 --> 24:59.500] they don't get 10 days, they don't get 10 minutes.
[24:59.500 --> 25:01.620] Now, I have done this a number of times.
[25:01.620 --> 25:07.820] Had you had 27.004 with you, that would have changed everything.
[25:07.820 --> 25:11.660] Now, you also need to take a complaint against the dispatcher,
[25:11.660 --> 25:15.180] unknown dispatcher, who was on duty that day,
[25:15.180 --> 25:17.420] who failed to dispatch.
[25:17.420 --> 25:20.540] And he had my phone number.
[25:20.540 --> 25:21.300] Say what?
[25:21.300 --> 25:21.940] Go ahead.
[25:21.940 --> 25:25.820] I gave him my phone number where he could contact me.
[25:25.820 --> 25:28.460] Yeah, and he failed to do so.
[25:28.460 --> 25:31.460] So file a criminal complaint against him
[25:31.460 --> 25:34.380] for obstruction of justice.
[25:34.380 --> 25:35.540] I don't remember what that is.
[25:35.540 --> 25:41.020] I think it's chapter 35 in the penal code.
[25:41.020 --> 25:41.500] OK.
[25:41.500 --> 25:44.780] 38.38, OK.
[25:44.780 --> 25:45.380] Yeah.
[25:45.380 --> 25:47.740] That's the interfere with government elaboration.
[25:47.740 --> 25:52.060] No, no, the 38.05 is shielding the prosecution.
[25:52.060 --> 25:55.460] But there's another statute, obstruction of justice.
[25:58.220 --> 26:02.100] So you just look up obstruction of justice in the penal code
[26:02.100 --> 26:05.180] and charge him with that.
[26:05.180 --> 26:09.540] And you can charge him with interfering with a 911 call.
[26:12.220 --> 26:13.740] Look up that statute.
[26:13.740 --> 26:14.500] OK.
[26:14.500 --> 26:17.100] And file, don't go down there.
[26:17.100 --> 26:19.180] Send him to him.
[26:19.180 --> 26:20.980] OK, send that.
[26:20.980 --> 26:23.900] Now, do I send this to the DA?
[26:23.900 --> 26:26.500] Or do I send it to the District Attorney?
[26:26.500 --> 26:27.100] No, no, no.
[26:27.100 --> 26:30.060] Send it to the District Attorney.
[26:30.060 --> 26:33.420] Now, if you go down there and talk to him, whatever you do,
[26:33.420 --> 26:35.100] don't mention my name.
[26:35.100 --> 26:37.380] No, trust me.
[26:37.380 --> 26:41.980] A friend of mine had a stepson that
[26:41.980 --> 26:43.420] worked for the Sheriff's Department.
[26:43.420 --> 26:45.260] He was a sergeant.
[26:45.260 --> 26:48.380] And he got put on the grand jury detail.
[26:48.380 --> 26:52.180] And he came to Jim and said, Jim, what is Randy
[26:52.180 --> 26:55.940] Kelton's picture doing hanging up in the grand jury room
[26:55.940 --> 26:59.500] with a note that says, if you see this man, call security.
[27:02.860 --> 27:03.420] I don't know.
[27:03.420 --> 27:06.020] They'd like me.
[27:06.020 --> 27:09.180] That's the only way to be liked.
[27:09.180 --> 27:11.180] I hammered him pretty good there.
[27:11.180 --> 27:13.260] But that's the strategy.
[27:13.260 --> 27:16.260] And then when the prosecutor refuses to act,
[27:16.260 --> 27:19.820] go down to the court and ask somebody in the court,
[27:19.820 --> 27:24.660] who's the meanest, nastiest, most rotten, low-down judge
[27:24.660 --> 27:25.980] here?
[27:25.980 --> 27:28.140] The municipal judge, or the?
[27:28.140 --> 27:29.980] No, no, district judge.
[27:29.980 --> 27:33.460] Down to the highest judge you can find.
[27:33.460 --> 27:38.940] And send him a criminal complaint against the prosecutor
[27:38.940 --> 27:42.380] for not prosecuting the police officer.
[27:42.380 --> 27:43.140] OK.
[27:43.140 --> 27:48.260] And then when he refuses, then you send letter
[27:48.260 --> 27:52.900] to the grand jury addressed to the district attorney's
[27:52.900 --> 27:58.420] office, accusing the district judge of shielding
[27:58.420 --> 28:02.660] the district attorney from prosecution.
[28:02.660 --> 28:04.740] No, that's going to be a hoot.
[28:04.740 --> 28:07.340] I can almost assure you, the next time you
[28:07.340 --> 28:08.940] go down to that municipal court, they
[28:08.940 --> 28:11.740] will give you anything you want.
[28:11.740 --> 28:15.220] And they'll call you, sir, several times.
[28:15.220 --> 28:16.820] OK.
[28:16.820 --> 28:21.540] Well, on this, so in other words, the best thing I can do,
[28:21.540 --> 28:23.380] I'll get this prepared and sent off.
[28:23.380 --> 28:25.260] But go back down.
[28:25.260 --> 28:31.420] I would like to go down and get a copy of what's in that file.
[28:31.420 --> 28:31.900] OK.
[28:31.900 --> 28:35.620] Take 27004 with you.
[28:35.620 --> 28:37.540] If you want to go back down there,
[28:37.540 --> 28:42.100] take a criminal complaint already filled out.
[28:42.100 --> 28:44.780] And when she asks you for the written request,
[28:44.780 --> 28:47.820] then actually go to security.
[28:47.820 --> 28:50.540] You don't want them calling security.
[28:50.540 --> 28:51.540] Say that again?
[28:51.540 --> 28:53.340] Go to security.
[28:53.340 --> 28:56.740] When you go in the building, go get security.
[28:56.740 --> 28:58.260] Find out what security is.
[28:58.260 --> 29:01.500] Tell them I need somebody to come with me.
[29:01.500 --> 29:03.780] I have reason to believe that the clerk is going to violate
[29:03.780 --> 29:07.380] a law, and I need security there if that occurs.
[29:07.380 --> 29:08.060] Would that be a fact?
[29:08.060 --> 29:11.580] Every time I've done that, they've come with me.
[29:11.580 --> 29:13.260] OK.
[29:13.260 --> 29:18.220] If you don't, they'll call security on you.
[29:18.220 --> 29:21.460] So you take them with you in that kind of screws that up
[29:21.460 --> 29:24.820] form, and that tells them that you're planning something.
[29:24.820 --> 29:28.020] You're setting them up, and they get a lot more careful.
[29:28.020 --> 29:30.460] And take a witness.
[29:30.460 --> 29:34.460] I suggest you take a witness that stands at a distance.
[29:34.460 --> 29:34.860] OK.
[29:34.860 --> 29:36.860] Watches everything.
[29:36.860 --> 29:37.660] OK, thank you.
[29:37.660 --> 29:40.660] OK, we're about to go to break.
[29:40.660 --> 29:42.460] Do you have anything else for us?
[29:42.460 --> 29:43.740] Well, I was just curious how I was just
[29:43.740 --> 29:46.140] handled this trial Friday.
[29:46.140 --> 29:46.780] OK, hold on.
[29:46.780 --> 29:49.060] We will pick you up on the other side.
[29:49.060 --> 29:51.460] This is Randy Calton, Deborah Stevens, Eddie Craig.
[29:51.460 --> 29:52.980] Realize a lot of radio.
[29:52.980 --> 29:53.860] We'll be right back.
[29:59.540 --> 30:00.380] I lost my son.
[30:00.380 --> 30:00.940] My nephew.
[30:00.940 --> 30:01.300] My uncle.
[30:01.300 --> 30:01.940] My son.
[30:01.940 --> 30:03.980] On September 11, 2001.
[30:03.980 --> 30:06.620] Most people don't know that a third tower fell
[30:06.620 --> 30:07.660] on September 11.
[30:07.660 --> 30:10.740] World Trade Center 7, a 47-story skyscraper,
[30:10.740 --> 30:11.900] was not hit by a plane.
[30:11.900 --> 30:15.020] Although the official explanation is that fire brought down
[30:15.020 --> 30:18.540] building 7, over 1,200 architects and engineers
[30:18.540 --> 30:20.180] looked into the evidence and believed
[30:20.180 --> 30:21.500] there is more to the story.
[30:21.500 --> 30:22.980] Bring justice to my son.
[30:22.980 --> 30:23.500] My uncle.
[30:23.500 --> 30:24.100] My nephew.
[30:24.100 --> 30:24.620] My son.
[30:24.620 --> 30:26.860] Go to building what.org.
[30:26.860 --> 30:30.900] Why it fell, why it matters, and what you can do.
[30:30.900 --> 30:32.420] Pay attention.
[30:32.420 --> 30:34.740] Attention deficit disorder is on the rise,
[30:34.740 --> 30:36.540] affecting millions of Americans.
[30:36.540 --> 30:39.260] Could the culprit be lurking in our cooking pans?
[30:39.260 --> 30:40.780] I'm Dr. Katherine Albright, and I'll
[30:40.780 --> 30:45.140] be back to explain how Teflon may play a role in ADD.
[30:45.140 --> 30:47.100] Privacy is under attack.
[30:47.100 --> 30:48.980] When you give up data about yourself,
[30:48.980 --> 30:50.700] you'll never get it back again.
[30:50.700 --> 30:53.860] And once your privacy is gone, you'll find your freedoms
[30:53.860 --> 30:55.500] will start to vanish too.
[30:55.500 --> 30:56.900] So protect your rights.
[30:56.900 --> 31:00.740] Say no to surveillance and keep your information to yourself.
[31:00.740 --> 31:03.260] Privacy, it's worth hanging on to.
[31:03.260 --> 31:05.140] This public service announcement is brought to you
[31:05.140 --> 31:08.060] by StartPage.com, the private search engine
[31:08.060 --> 31:10.820] alternative to Google, Yahoo, and Bing.
[31:10.820 --> 31:13.820] Start over with StartPage.
[31:13.820 --> 31:15.980] Researchers at Syracuse University
[31:15.980 --> 31:18.820] say the more Teflon chemicals in kids' bloodstreams,
[31:18.820 --> 31:20.820] the worse their self-control.
[31:20.820 --> 31:23.220] They had kids play a computer game that rewarded them
[31:23.220 --> 31:26.660] if they could resist pressing the space bar for 20 seconds.
[31:26.660 --> 31:29.220] Then they measured their blood levels for PFCs,
[31:29.220 --> 31:32.340] perfluoro chemicals found in non-stick pans.
[31:32.340 --> 31:34.460] They found the kids with poor impulse control
[31:34.460 --> 31:36.100] had the highest levels.
[31:36.100 --> 31:39.620] Scientists have also linked PFCs with neurological problems
[31:39.620 --> 31:41.500] and delayed motor development.
[31:41.500 --> 31:43.860] But despite the dangers of non-stick cookware,
[31:43.860 --> 31:46.700] The New York Times says it still accounts for 70%
[31:46.700 --> 31:48.420] of cookware sales.
[31:48.420 --> 31:50.980] We may have to hit parents over the head with a frying pan
[31:50.980 --> 31:53.180] to get their attention on this one.
[31:53.180 --> 31:54.460] I'm Dr. Catherine Albrecht.
[31:54.460 --> 31:57.460] More news and information at CatherineAlbrecht.com.
[31:57.460 --> 32:01.460] MUSIC
[32:28.460 --> 32:32.460] MUSIC
[32:32.460 --> 32:37.460] MUSIC
[32:57.460 --> 32:59.100] OK, this is Randy Kelton,
[32:59.100 --> 33:02.500] Reverend Stephen Zeta Craig, Real Blood Radio.
[33:02.500 --> 33:05.500] It seems like he lost Ken, maybe he'll call back in.
[33:05.500 --> 33:09.100] We were talking to Phil from Texas,
[33:09.100 --> 33:15.100] and he wanted to know how to handle this trial.
[33:15.100 --> 33:18.100] OK, what trial is coming up?
[33:18.100 --> 33:20.100] I think he said Monday?
[33:22.100 --> 33:24.100] Wait for today.
[33:24.100 --> 33:26.100] OK, start again.
[33:26.100 --> 33:28.100] It took a little while to unmute you.
[33:28.100 --> 33:32.100] Well, back in, I think it was August 2008,
[33:32.100 --> 33:36.100] I got stopped for, well, I guess originally
[33:36.100 --> 33:38.100] he's not having a driver's license,
[33:38.100 --> 33:42.100] and I guess they stopped me because I changed lanes,
[33:42.100 --> 33:44.100] and they said I didn't signal.
[33:44.100 --> 33:46.100] Or I said the officer said I didn't signal,
[33:46.100 --> 33:50.100] and they wrote me, and I didn't have proof of insurance.
[33:50.100 --> 33:53.100] But I did have insurance.
[33:53.100 --> 33:57.100] OK, OK, what about you said you had a trial coming up?
[33:57.100 --> 34:01.100] I'm going to have a trial this coming Friday.
[34:01.100 --> 34:03.100] Is there anything I can do?
[34:03.100 --> 34:08.100] If this is the same place you went to get records?
[34:08.100 --> 34:10.100] Yes.
[34:10.100 --> 34:12.100] Move for continuance.
[34:12.100 --> 34:13.100] Pardon?
[34:13.100 --> 34:18.100] OK, make up your criminal complaint against the clerk,
[34:18.100 --> 34:22.100] and move for a continuance because the clerk failed
[34:22.100 --> 34:27.100] to make records available to you that you need for trial.
[34:27.100 --> 34:31.100] OK.
[34:31.100 --> 34:35.100] And then look on our website,
[34:35.100 --> 34:44.100] and consider getting Eddie's seminar, traffic seminar.
[34:44.100 --> 34:45.100] OK.
[34:45.100 --> 34:49.100] We will give you all kind of tools to beat them up with.
[34:49.100 --> 34:54.100] You said that in this case they dismissed the no insurance,
[34:54.100 --> 34:58.100] and you think they dismissed the lane change failure signal.
[34:58.100 --> 35:00.100] What else is there?
[35:00.100 --> 35:01.100] Pardon?
[35:01.100 --> 35:03.100] What else is there?
[35:03.100 --> 35:05.100] That's the only three things.
[35:05.100 --> 35:07.100] I only mentioned two.
[35:07.100 --> 35:09.100] What's the third thing?
[35:09.100 --> 35:11.100] Driver's license.
[35:11.100 --> 35:13.100] No driver's license?
[35:13.100 --> 35:15.100] And lane change.
[35:15.100 --> 35:21.100] OK, what exactly are we being charged with as far as no driver's license?
[35:21.100 --> 35:25.100] That you didn't have one, that it was expired, that it was suspended?
[35:25.100 --> 35:27.100] What's the exact charge we're dealing with here?
[35:27.100 --> 35:30.100] I don't have one.
[35:30.100 --> 35:31.100] Have you?
[35:31.100 --> 35:33.100] OK.
[35:33.100 --> 35:36.100] You said this originally occurred in August of 2008.
[35:36.100 --> 35:39.100] I think that's the date around when it happened.
[35:39.100 --> 35:44.100] When did this originally start going to court?
[35:44.100 --> 35:49.100] Well, I went to, like, you know, you read the ticket, and so I went down there
[35:49.100 --> 35:52.100] and got in line at the clerk, and they said, well, you'll have to see a judge.
[35:52.100 --> 35:56.100] So I went and sat in the court, and it was a long wait.
[35:56.100 --> 36:01.100] And they said, well, if you can show that you have insurance at that time,
[36:01.100 --> 36:06.100] even if you have it on another vehicle, you can get your insurance dismissed.
[36:06.100 --> 36:07.100] Well, I heard that.
[36:07.100 --> 36:10.100] I picked up and left.
[36:10.100 --> 36:14.100] Came back with my insurance proof and gone to dismiss it.
[36:14.100 --> 36:19.100] And now they didn't tell me that they dismissed no lane change,
[36:19.100 --> 36:24.100] but from the paper that I got from the clerk that was able to send me before the judge
[36:24.100 --> 36:30.100] to ask for a continuance this last Thursday, it said on there,
[36:30.100 --> 36:36.100] it said, I don't have the thing in front of me, but it had their no driver's license
[36:36.100 --> 36:41.100] and something there below it had insurance and had a C there.
[36:41.100 --> 36:46.100] And then on the one on the lane change, it had a C also.
[36:46.100 --> 36:49.100] And I just take it that that was dismissed because they haven't,
[36:49.100 --> 36:54.100] since I brought the insurance proof down there at that time,
[36:54.100 --> 37:00.100] they dismissed that and every other correspondence,
[37:00.100 --> 37:05.100] the last two correspondences that they've had, it's always just said no driver's license.
[37:05.100 --> 37:07.100] Okay.
[37:07.100 --> 37:11.100] Now the question on the license, do you have one?
[37:11.100 --> 37:12.100] No.
[37:12.100 --> 37:13.100] At all?
[37:13.100 --> 37:14.100] No.
[37:14.100 --> 37:19.100] And you need to know exactly what it is they're charging you with
[37:19.100 --> 37:25.100] because there's no actual charge for no driver's license.
[37:25.100 --> 37:31.100] There's a charge for driving while license invalid,
[37:31.100 --> 37:37.100] but in order for that charge to apply, you had to have a license
[37:37.100 --> 37:42.100] that had actually been suspended before it expired.
[37:42.100 --> 37:43.100] No.
[37:43.100 --> 37:47.100] And now you're using that license after it's expired while it was suspended.
[37:47.100 --> 37:49.100] No, I'm not doing it.
[37:49.100 --> 37:55.100] So you need to know specifically and exactly what you're being charged with.
[37:55.100 --> 38:00.100] So you really need to get your hands on a copy of that complaint.
[38:00.100 --> 38:03.100] Have they sent you a copy of the complaint?
[38:03.100 --> 38:04.100] No.
[38:04.100 --> 38:07.100] You've never seen the complaint at all.
[38:07.100 --> 38:08.100] You're positive.
[38:08.100 --> 38:11.100] Other than a ticket.
[38:11.100 --> 38:12.100] Okay.
[38:12.100 --> 38:14.100] How many times have you been to court?
[38:14.100 --> 38:18.100] I guess this would have been the third time that I would have been down here.
[38:18.100 --> 38:19.100] Okay.
[38:19.100 --> 38:30.100] Then the very first thing you need to do is make a written motion to dismiss the case for violations of 45.018.
[38:30.100 --> 38:37.100] And proper notice, you were not provided a copy of the complaint
[38:37.100 --> 38:47.100] before any proceeding in the case under the prosecution of that complaint.
[38:47.100 --> 38:48.100] Okay.
[38:48.100 --> 38:58.100] And 45.018 says you have a right to a copy of that complaint.
[38:58.100 --> 39:01.100] Okay.
[39:01.100 --> 39:04.100] And then just go from there.
[39:04.100 --> 39:08.100] Well, that's the first thing you do, but you not only need to file that now.
[39:08.100 --> 39:11.100] You said this is a municipal court, correct?
[39:11.100 --> 39:13.100] Yes, it's a footwork.
[39:13.100 --> 39:17.100] It should then be a municipal court of record.
[39:17.100 --> 39:20.100] Is there a court reporter present when you go in there?
[39:20.100 --> 39:21.100] Okay.
[39:21.100 --> 39:24.100] Footwork is a court of record.
[39:24.100 --> 39:25.100] Okay.
[39:25.100 --> 39:29.100] Then the first words out of your mouth when your name is called.
[39:29.100 --> 39:32.100] Now make sure you get this right.
[39:32.100 --> 39:37.100] I move the court that all proceedings be on the record.
[39:37.100 --> 39:44.100] Do not utter another word until those words come out of your mouth and the judge acknowledges it
[39:44.100 --> 39:49.100] and seats the court reporter and they start recording.
[39:49.100 --> 39:53.100] Don't say anything else until that's done.
[39:53.100 --> 39:55.100] Okay.
[39:55.100 --> 40:00.100] Then that written motion that I just told you to file,
[40:00.100 --> 40:05.100] you make sure you have that filed ASAP in your case.
[40:05.100 --> 40:17.100] Then orally, you move the court to dismiss the case citing the motion having been filed for that purpose.
[40:17.100 --> 40:27.100] And that because you're right to have a copy of that complaint in order to be properly noticed as to the charge against you was violated,
[40:27.100 --> 40:31.100] you demand the case be dismissed.
[40:31.100 --> 40:34.100] Okay.
[40:34.100 --> 40:43.100] Do not panic or get upset if the judge does otherwise.
[40:43.100 --> 40:53.100] The next thing you need to do if the judge refuses is say then I find that you are violating my right of due process.
[40:53.100 --> 40:55.100] This disqualifies you.
[40:55.100 --> 40:59.100] Please step down.
[40:59.100 --> 41:01.100] Okay.
[41:01.100 --> 41:13.100] Actually, just before you say that, say it when you demand and you ask for that and the judge refuses anything he refuses,
[41:13.100 --> 41:23.100] always say let the record reflect defendant's exception to the ruling that preserves it for appeal.
[41:23.100 --> 41:27.100] And then tell the judge to get on off the bench.
[41:27.100 --> 41:35.100] I prefer to ask the bait if to drag him off the bench, but it's a matter of style, I guess.
[41:35.100 --> 41:37.100] Okay.
[41:37.100 --> 41:41.100] Yeah, and if they don't want to get down, then just say fine.
[41:41.100 --> 41:51.100] Then I place you under citizens arrest for violations of Code of Criminal Procedure 45.018 and Chapter 2 of the Code of Criminal Procedure.
[41:51.100 --> 41:57.100] Caleb, I remand the prisoner to your custody. Do your job.
[41:57.100 --> 42:00.100] I always enjoy doing that.
[42:00.100 --> 42:03.100] Okay.
[42:03.100 --> 42:07.100] What was this? I just go from there and then go ahead.
[42:07.100 --> 42:10.100] You can always go back and check it on the archive, Phil, if you need to.
[42:10.100 --> 42:12.100] Okay.
[42:12.100 --> 42:14.100] Okay.
[42:14.100 --> 42:20.100] And then I guess I'll just, I've got my work cut out for me this weekend.
[42:20.100 --> 42:26.100] And do as much of this as you're comfortable with.
[42:26.100 --> 42:33.100] We're a little more aggressive sometimes, and when you're first getting your feet wet,
[42:33.100 --> 42:39.100] it's probably not a good idea to ask the bait if to drag the judge down off the bench.
[42:39.100 --> 42:46.100] I like to do that, but it's a little over the top for some people.
[42:46.100 --> 42:53.100] A lot of this is better done in writing later.
[42:53.100 --> 42:59.100] Okay. Well, the rule here is you do everything in writing.
[42:59.100 --> 43:00.100] Okay.
[43:00.100 --> 43:03.100] I don't care what it is you do it in writing.
[43:03.100 --> 43:08.100] If you make an objection during court that you don't have a written document for,
[43:08.100 --> 43:12.100] as soon as court is over, you sit down and write out an affidavit,
[43:12.100 --> 43:17.100] suggesting to the facts of the objection and the conditions under which it was made.
[43:17.100 --> 43:20.100] You get it notarized and you get it filed.
[43:20.100 --> 43:24.100] You keep everything on the record in writing.
[43:24.100 --> 43:26.100] Okay.
[43:26.100 --> 43:32.100] Now, just FYI, there are several people that come down from Dallas and Fort Worth area
[43:32.100 --> 43:35.100] to some of my Sunday seminars.
[43:35.100 --> 43:41.100] You may want to try to hook up with some of them and make a few of those trips as you can
[43:41.100 --> 43:43.100] for future reference.
[43:43.100 --> 43:44.100] Okay.
[43:44.100 --> 43:45.100] Okay.
[43:45.100 --> 43:46.100] All right, folks.
[43:46.100 --> 43:47.100] Thank you.
[43:47.100 --> 43:49.100] Bill, you're very welcome.
[43:49.100 --> 43:50.100] Hi, folks.
[43:50.100 --> 43:51.100] We're going to go to break.
[43:51.100 --> 43:52.100] This is Rule of Law Radio.
[43:52.100 --> 43:54.100] Eddie Craig, Randy Kelton, Deborah Stevens.
[43:54.100 --> 43:57.100] 512-646-1984 is the call-in number.
[43:57.100 --> 43:59.100] We'll be right back.
[43:59.100 --> 44:03.100] Are you the plaintiff or defendant in a lawsuit?
[44:03.100 --> 44:06.100] Win your case without an attorney with Jurisdictionary,
[44:06.100 --> 44:12.100] the affordable, easy-to-understand 4-CD course that will show you how in 24 hours,
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[44:55.100 --> 45:00.100] Or call toll-free 866-Law-E-Z.
[45:00.100 --> 45:02.100] Hey, did you hear?
[45:02.100 --> 45:04.100] Ron Paul has announced he's running for president in 2012.
[45:04.100 --> 45:05.100] Who's Ron Paul?
[45:05.100 --> 45:06.100] Really?
[45:06.100 --> 45:08.100] Okay, put down the cell phone for one minute.
[45:08.100 --> 45:11.100] Your friends really don't care about your Twitter updates on what you had for breakfast.
[45:11.100 --> 45:14.100] Oh, but I love to make those little smiley faces with punctuation marks.
[45:14.100 --> 45:15.100] Of course you do.
[45:15.100 --> 45:16.100] Now, listen closely.
[45:16.100 --> 45:20.100] You need to go down to Brave New Books and learn as much as you can about Ron Paul and his message
[45:20.100 --> 45:21.100] before it's too late.
[45:21.100 --> 45:24.100] They have all of his books and many of the books he talks about.
[45:24.100 --> 45:29.100] They also have t-shirts, bumper stickers, and yard signs so that you can show your support for him during the campaign.
[45:29.100 --> 45:30.100] Brave New Books?
[45:30.100 --> 45:31.100] Did they have Harry Potter and Twilight?
[45:31.100 --> 45:36.100] No, but they do carry a large selection of survival and preparedness books to protect your family
[45:36.100 --> 45:37.100] in time of emergency.
[45:37.100 --> 45:40.100] Ugh, that sounds like that show on the Discovery Channel.
[45:40.100 --> 45:44.100] Yeah, there's even a wilderness survival expert that teaches classes called Earthskill School
[45:44.100 --> 45:47.100] that you can sign up for on the website bravenewbookstore.com.
[45:47.100 --> 45:48.100] What are you doing?
[45:48.100 --> 45:53.100] I'm tweeting all my friends that they should go to bravenewbookstore.com or down to the bookstore in person.
[45:53.100 --> 45:54.100] Where's it located?
[45:54.100 --> 45:56.100] 1904 Guadalupe Street.
[45:56.100 --> 45:57.100] There, it's sent.
[45:57.100 --> 45:58.100] I even made a smiley face.
[45:58.100 --> 46:01.100] Great.
[46:01.100 --> 46:26.100] Hi folks, we are back.
[46:26.100 --> 46:28.100] This is Rule of Law Radio.
[46:28.100 --> 46:33.100] 512-646-1984 is the call-in number.
[46:33.100 --> 46:35.100] Right now we are taking your calls.
[46:35.100 --> 46:39.100] We got a little over an hour left in the show.
[46:39.100 --> 46:43.100] Right now we are going to go to Chuck in Ohio.
[46:43.100 --> 46:44.100] Chuck, good evening.
[46:44.100 --> 46:45.100] What can we do for you?
[46:45.100 --> 46:47.100] Hi, I'm Randy and Eddie.
[46:47.100 --> 47:02.100] Last Tuesday I had a couple of semi-tracted trailers that were on my property and they're pulling like a metal and they're clothing rags and good ol' shelving and it got robbed on Tuesday last week.
[47:02.100 --> 47:08.100] So I told my wife that they're coming back and they came back Thursday and we caught them at 2 o'clock in the morning.
[47:08.100 --> 47:09.100] We caught the kid down there.
[47:09.100 --> 47:14.100] He had his mom's SUV down there and he had a car trailer there.
[47:14.100 --> 47:17.100] Backed up in this semi-tracted trailer.
[47:17.100 --> 47:19.100] It's all grass where these semi-tracted trailers are.
[47:19.100 --> 47:21.100] There's no dryware or anything like that.
[47:21.100 --> 47:28.100] And you know, the police got him and said that they were going to give him for criminal trespassing because they had nothing on their trailer.
[47:28.100 --> 47:41.100] Now my question to you is how can I enforce the prosecutor to do something until he pleads on to absolutely nothing when these kids do have, you know, criminal records, extensive criminal records?
[47:41.100 --> 47:47.100] You can't do anything about the prosecutor cutting deals.
[47:47.100 --> 47:53.100] The only thing you can do is to go ahead and press criminal charges against them.
[47:53.100 --> 48:04.100] Now you can also go ahead and make the accusation that since, now is this the first time they've been there or have they been there before and stolen something?
[48:04.100 --> 48:06.100] Second time.
[48:06.100 --> 48:08.100] And the first time you lost property?
[48:08.100 --> 48:10.100] Lost property, yes.
[48:10.100 --> 48:20.100] And I would make the accusation that these people were, that this was their second attempt to steal property.
[48:20.100 --> 48:26.100] And make the accusation that they were the original robbers in the first place.
[48:26.100 --> 48:29.100] Question, how old were the kids?
[48:29.100 --> 48:41.100] One's 18, one's 21. The 21-year-olds, he's got a bad criminal record. The other 18-year-old has no criminal record. I'm not really happy with the 18-year-old. I'm probably after the leader or whatever.
[48:41.100 --> 48:44.100] And they still lost a lot of truckloads of stuff.
[48:44.100 --> 48:48.100] I don't know, this thing, I don't know, at least I might try to figure it out.
[48:48.100 --> 48:58.100] Yeah, then I would make the accusation that they were the original parties and just go down and press criminal charges against them with the district attorney.
[48:58.100 --> 49:08.100] There's nothing you can do about any deals the district attorney makes, but you can make the accusations.
[49:08.100 --> 49:13.100] Okay, I can't say like, I'm going to bar grieve if you don't do something or anything like that.
[49:13.100 --> 49:16.100] No, won't do you any good.
[49:16.100 --> 49:22.100] You have never threatened them with anything that you will do if they don't do something.
[49:22.100 --> 49:23.100] Okay.
[49:23.100 --> 49:27.100] Bad strategy. Just bar grieve it.
[49:27.100 --> 49:29.100] I don't agree with the Baraskan attorney if he doesn't do something.
[49:29.100 --> 49:39.100] I mean, if he pleaded out to us, this is a worldly conduct or something, which has absolutely nothing to do with the charge in hand.
[49:39.100 --> 49:51.100] Yeah, absolutely. You need to look and see if Ohio has standards, bar association standards for the prosecutorial function.
[49:51.100 --> 49:53.100] Okay.
[49:53.100 --> 49:58.100] There's generally a separate set of standards for him and yeah, grieve him.
[49:58.100 --> 49:59.100] Okay.
[49:59.100 --> 50:06.100] That's how he knows you're unhappy, but never threaten him with grieving in order to influence him.
[50:06.100 --> 50:11.100] That's interfering with the public servants.
[50:11.100 --> 50:12.100] Yeah.
[50:12.100 --> 50:15.100] So I just, I have to, I can't even tell him I would grieve him.
[50:15.100 --> 50:18.100] I just got to go grieve if I did something wrong.
[50:18.100 --> 50:22.100] Anything that can be perceived as a threat, don't do it.
[50:22.100 --> 50:23.100] Yeah.
[50:23.100 --> 50:24.100] Okay.
[50:24.100 --> 50:27.100] Anything that can be misconstrued as a threat, don't do it.
[50:27.100 --> 50:28.100] Yeah.
[50:28.100 --> 50:31.100] The fact that you just went and did it is not threatening.
[50:31.100 --> 50:33.100] He committed an act.
[50:33.100 --> 50:35.100] You accused him of committing the act.
[50:35.100 --> 50:36.100] That's all that is.
[50:36.100 --> 50:38.100] There's nothing they can do about that.
[50:38.100 --> 50:44.100] But if you try to use it to influence his actions, they can make a case for it then.
[50:44.100 --> 50:45.100] Okay.
[50:45.100 --> 50:46.100] Okay.
[50:46.100 --> 50:49.100] That's all I need to know because I got a court, I guess these kids got a court date on Tuesday.
[50:49.100 --> 50:51.100] So I guess I'm going to be up there.
[50:51.100 --> 50:54.100] I was trying to, I was thinking about it too.
[50:54.100 --> 50:55.100] Yeah.
[50:55.100 --> 50:58.100] If you want them to, if you want them to go after them harder than just a criminal trespass
[50:58.100 --> 51:03.100] and you need to press criminal charges that they were the original party that robbed you
[51:03.100 --> 51:05.100] the first time.
[51:05.100 --> 51:13.100] It's up to the police to prove that through the evidence, but they can, they can grill
[51:13.100 --> 51:19.100] the, the two individuals or whoever individuals and see if one of them cracks and gives up
[51:19.100 --> 51:22.100] anybody else or admits to it.
[51:22.100 --> 51:23.100] Okay.
[51:23.100 --> 51:24.100] Okay.
[51:24.100 --> 51:25.100] All right.
[51:25.100 --> 51:26.100] Well, I'll try.
[51:26.100 --> 51:27.100] I will do that then.
[51:27.100 --> 51:28.100] I will.
[51:28.100 --> 51:29.100] And I thank you for your time then.
[51:29.100 --> 51:31.100] You can get on with somebody else then.
[51:31.100 --> 51:32.100] Thank you very much.
[51:32.100 --> 51:33.100] Thanks for calling in.
[51:33.100 --> 51:34.100] Appreciate it.
[51:34.100 --> 51:35.100] Goodbye.
[51:35.100 --> 51:36.100] Bye-bye.
[51:36.100 --> 51:37.100] Okay.
[51:37.100 --> 51:41.100] Now we are going to go to Andrew in North Carolina.
[51:41.100 --> 51:44.100] Hey guys, how you doing?
[51:44.100 --> 51:45.100] Guys?
[51:45.100 --> 51:46.100] Good.
[51:46.100 --> 51:47.100] Good.
[51:47.100 --> 51:48.100] Okay.
[51:48.100 --> 51:50.100] What's that for, Andrew?
[51:50.100 --> 51:56.100] I have a rather academic question, but I feel it's an important question.
[51:56.100 --> 51:59.100] So here it is.
[51:59.100 --> 52:05.100] Are criminal proceedings considered a civil action?
[52:05.100 --> 52:07.100] No.
[52:07.100 --> 52:08.100] No?
[52:08.100 --> 52:10.100] No, they're not.
[52:10.100 --> 52:16.100] What about, I believe, I believe either the first or second rule of civil court procedure
[52:16.100 --> 52:20.100] is that there's one form of action, a civil action.
[52:20.100 --> 52:25.100] So how does that fit into or not fit into the relationship?
[52:25.100 --> 52:34.100] The criminal procedure code is a separate set of statutes under civil.
[52:34.100 --> 52:36.100] They're special statutes.
[52:36.100 --> 52:42.100] They apply to one particular type of prosecution.
[52:42.100 --> 52:48.100] So if you want to say that a court action is a court action, then if you want to say
[52:48.100 --> 52:58.100] that all court actions are civil, you could say those words, but they have no real meaning.
[52:58.100 --> 53:06.100] If the words would have direct meaning saying that a criminal proceeding is civil, then
[53:06.100 --> 53:12.100] it would have to be governed under the rules of civil procedure, and it is not.
[53:12.100 --> 53:15.100] They're governed under the rules of criminal procedure.
[53:15.100 --> 53:22.100] I've heard this people trying to claim that because the statute says it's only one form
[53:22.100 --> 53:32.100] of action that the rules of criminal procedure don't apply, but that's nonsense.
[53:32.100 --> 53:34.100] Right.
[53:34.100 --> 53:42.100] So basically what I'm gathering is there's no way to apply civil court procedure to criminal court.
[53:42.100 --> 53:43.100] Is that correct?
[53:43.100 --> 53:51.100] Not if there is a criminal procedure code that addresses the issue.
[53:51.100 --> 53:55.100] If there's not a criminal procedure code that addresses the issue.
[53:55.100 --> 53:57.100] Now, okay, hold on.
[53:57.100 --> 54:00.100] Are you talking state or federal?
[54:00.100 --> 54:02.100] State.
[54:02.100 --> 54:15.100] Okay, you cannot take a law from a foreign sovereign and bring it into another sovereign state.
[54:15.100 --> 54:17.100] Okay.
[54:17.100 --> 54:24.100] Okay, that now where the foreign sovereign has jurisdiction in this state, you can.
[54:24.100 --> 54:32.100] But this is a, these goes to rules of procedure in the foreign sovereign's court.
[54:32.100 --> 54:36.100] They do not apply to North Carolina.
[54:36.100 --> 54:39.100] Period.
[54:39.100 --> 54:50.100] So we got guys out there in legal reform who read this stuff and they read one thing out of context.
[54:50.100 --> 54:58.100] And they start making all these claims doing what I do and me and Eddie and Deborah.
[54:58.100 --> 55:06.100] We spend a lot of time dealing with this sort of thing where people read something and try to understand it.
[55:06.100 --> 55:13.100] And then don't understand that it only applies precisely where it is.
[55:13.100 --> 55:23.100] Now, it would be good if taxes had that because there's some question about what applies in the civil courts.
[55:23.100 --> 55:34.100] Because there's nothing in Texas that actually states that the civil rules apply where the rules of criminal procedure don't address an issue.
[55:34.100 --> 55:36.100] In the fad it does.
[55:36.100 --> 55:41.100] These guys read this statute and they didn't understand what it meant.
[55:41.100 --> 55:43.100] Everything is civil.
[55:43.100 --> 55:51.100] That means that the rules of civil procedure apply to everything except where there is a special statute.
[55:51.100 --> 55:58.100] When there is a general statute and a special statute, the special statute always governs.
[55:58.100 --> 56:08.100] And these rules of criminal procedure are special statutes that apply to a specific type of a case.
[56:08.100 --> 56:12.100] So that eliminates a question that we have in Texas.
[56:12.100 --> 56:16.100] And that's all that that means.
[56:16.100 --> 56:20.100] I hope that makes it, makes sense.
[56:20.100 --> 56:21.100] Great.
[56:21.100 --> 56:23.100] Okay.
[56:23.100 --> 56:24.100] Okay.
[56:24.100 --> 56:26.100] Eddie, you got another question for us?
[56:26.100 --> 56:28.100] Yeah, just real quick.
[56:28.100 --> 56:38.100] Does the local government, you know, municipal government have standing to file criminal charges?
[56:38.100 --> 56:43.100] You know, there's no victim.
[56:43.100 --> 56:46.100] Eddie, you want to address that?
[56:46.100 --> 56:47.100] I'm sorry.
[56:47.100 --> 56:49.100] Say that one more time.
[56:49.100 --> 57:00.100] Does the local government have standing to file criminal charges against a person when really there's no moving party?
[57:00.100 --> 57:04.100] There's no injured party, you know.
[57:04.100 --> 57:10.100] They can if there's a law that address, a state law that addresses the offense.
[57:10.100 --> 57:12.100] I believe it's an order.
[57:12.100 --> 57:23.100] When you say as local, are you talking a constable, sheriff's deputy, or municipal position?
[57:23.100 --> 57:31.100] Oh, well, I actually just got a notice on my front door that I had weeded in my front yard and they were too long.
[57:31.100 --> 57:34.100] And apparently that's a crime.
[57:34.100 --> 57:35.100] Okay.
[57:35.100 --> 57:38.100] That's code enforcement for your municipality.
[57:38.100 --> 57:45.100] That's going to be under ordinance. An ordinance by definition is not law, at least not in Texas.
[57:45.100 --> 57:55.100] You need to be familiar with your state constitution on how laws are created and by who.
[57:55.100 --> 57:56.100] Okay.
[57:56.100 --> 58:06.100] If there is no authority allowing the legislature of your state to delegate lawmaking power, then the local government can't make law.
[58:06.100 --> 58:13.100] They can only make policy and rules, in which case they can only be suggestory, not directory.
[58:13.100 --> 58:14.100] Okay.
[58:14.100 --> 58:15.100] Thank you.
[58:15.100 --> 58:16.100] Very helpful.
[58:16.100 --> 58:17.100] Okay.
[58:17.100 --> 58:18.100] Yep.
[58:18.100 --> 58:19.100] All right.
[58:19.100 --> 58:20.100] Thanks for calling in, Andrew.
[58:20.100 --> 58:21.100] All right, folks.
[58:21.100 --> 58:22.100] This is Rule of Law Radio.
[58:22.100 --> 58:24.100] We're about to go to break.
[58:24.100 --> 58:26.100] We've got one hour left in the show.
[58:26.100 --> 58:31.100] 512-646-1984 is the call-in number.
[58:31.100 --> 58:34.100] Joey, Doug, Susan, we see you on the board.
[58:34.100 --> 58:37.100] Please hang in there for the other side of the break and we'll get with you.
[58:37.100 --> 58:40.100] This is Eddie Craig, Randy Kelton, Deborah Stevens.
[58:40.100 --> 59:08.100] We'll be right back.
[59:08.100 --> 59:34.100] We'll be right back.
[59:34.100 --> 01:00:00.100] We'll be right back.
[01:00:00.100 --> 01:00:27.100] Thank you.
[01:00:27.100 --> 01:00:56.100] Thank you.
[01:00:56.100 --> 01:01:25.100] Thank you.
[01:01:25.100 --> 01:01:26.100] Great.
[01:01:55.100 --> 01:02:17.100] Thank you.
[01:02:17.100 --> 01:02:26.100] The Syrian protest song, Come On Bashar Leave, has become the informal anthem of the protest movement.
[01:02:26.100 --> 01:02:32.100] Recently, a young cement layer who sang it in protest was dragged from the Arantes River with his throat cut and his vocal chords ripped out.
[01:02:32.100 --> 01:02:35.100] Since his death, the song has spread across Syria.
[01:02:35.100 --> 01:02:51.100] Ahmad, a 40-year-old trader in Hamar, who regularly attends protests, said, we've all memorized it.
[01:02:51.100 --> 01:03:06.100] For more details on this story, visit INN4record.net.
[01:03:06.100 --> 01:03:22.100] You are listening to the Rule of Law Radio Network at ruleoflawradio.com.
[01:03:22.100 --> 01:03:40.100] Hi, folks, we are back.
[01:03:40.100 --> 01:03:48.100] This is Rule of Law Radio 512-646-1984.
[01:03:48.100 --> 01:03:54.100] We're in the last hour of the show, so if you've got any issues or questions, now's the time to get in line.
[01:03:54.100 --> 01:04:01.100] Please don't wait for the last few minutes to try to get on, because we cannot guarantee we'll be able to get to Olive if you wait that long.
[01:04:01.100 --> 01:04:04.100] Right now, we're going to go to Joey in Alabama.
[01:04:04.100 --> 01:04:06.100] Joey, what can we do for you?
[01:04:06.100 --> 01:04:17.100] Yeah, I called last night, and y'all recommended me call back again tonight. I have an issue with a public nuisance with a shooting with Ms. Paltier.
[01:04:17.100 --> 01:04:23.100] Yep, and I looked up everything on the stuff that you said regarding the statutes and everything else.
[01:04:23.100 --> 01:04:30.100] I found everything they're talking about. Your citation does give you the specific ordinance sections to look up.
[01:04:30.100 --> 01:04:32.100] Uh-huh.
[01:04:32.100 --> 01:04:34.100] Okay.
[01:04:34.100 --> 01:04:43.100] Now, the thing about it here is, again, what we talked about last night is checking the Alabama Constitution.
[01:04:43.100 --> 01:04:50.100] What's a law versus an ordinance? How's law made versus an ordinance? So on and so forth.
[01:04:50.100 --> 01:04:51.100] Uh-huh.
[01:04:51.100 --> 01:04:57.100] An ordinance, by definition, cannot be a law.
[01:04:57.100 --> 01:04:58.100] Okay?
[01:04:58.100 --> 01:04:59.100] Okay.
[01:04:59.100 --> 01:05:11.100] So upon the people, such a thing can only be, this is how we would prefer that you do it.
[01:05:11.100 --> 01:05:14.100] It can be a policy. It can be a rule.
[01:05:14.100 --> 01:05:21.100] But it cannot create a legal duty upon the general public.
[01:05:21.100 --> 01:05:33.100] The only people that can be bound by the legal duty prescribed in an ordinance are those that are employed by the city or that are contractors to the city
[01:05:33.100 --> 01:05:40.100] and who voluntarily made themselves subject to that ordinance via the terms of the contract.
[01:05:40.100 --> 01:05:44.100] Uh-huh.
[01:05:44.100 --> 01:05:52.100] So did you do anything at all as far as looking at the Alabama Constitution today to see what it says?
[01:05:52.100 --> 01:05:57.100] Uh, yes. I'm actually trying to look at it while I was waiting.
[01:05:57.100 --> 01:06:02.100] And there's like 700 and some amendments to this thing.
[01:06:02.100 --> 01:06:04.100] And I'm trying to search it.
[01:06:04.100 --> 01:06:16.100] And I can find where they've approved counties to pass the ordinance for this, but it has to go before a vote of the people.
[01:06:16.100 --> 01:06:23.100] Like here in the local county, they voted it in the term before last.
[01:06:23.100 --> 01:06:27.100] And what they've done, they worded it as a health issue.
[01:06:27.100 --> 01:06:30.100] Everybody, yeah, rule for health, and they voted it in.
[01:06:30.100 --> 01:06:34.100] Well, they've seen what problems it caused in the last election.
[01:06:34.100 --> 01:06:37.100] They voted it back out in this county.
[01:06:37.100 --> 01:06:49.100] But I can't find any word where it says that the city, if they gave the city's authorization to adopt the ordinance for it, the same thing.
[01:06:49.100 --> 01:06:57.100] Well, the thing is, again, you have to know what your government is authorized to do and what it's not authorized to do.
[01:06:57.100 --> 01:07:03.100] And hold them accountable when they overstep their bounds.
[01:07:03.100 --> 01:07:06.100] I found the statutes they cited.
[01:07:06.100 --> 01:07:11.100] Now, from my reading of this, they only apply to commercial properties.
[01:07:11.100 --> 01:07:21.100] They don't apply to anybody else because there's nobody else that falls under the direct jurisdictional authority of a municipality.
[01:07:21.100 --> 01:07:35.100] Corporations do because they moved into the municipality and agreed to be bound as a corporation by all the rules and regulations that exist within the territorial boundaries of that municipality.
[01:07:35.100 --> 01:07:40.100] Hence the definition of the term persons here in the statute.
[01:07:40.100 --> 01:07:42.100] Okay, persons.
[01:07:42.100 --> 01:07:47.100] Any individual, firm, association, limited liability company or corporation.
[01:07:47.100 --> 01:07:55.100] Individual there does not mean a natural man or woman or their private person.
[01:07:55.100 --> 01:08:06.100] Individual here means one of or someone representing one of or acting in the official capacity of one of the following.
[01:08:06.100 --> 01:08:11.100] And what are all of these things that follow?
[01:08:11.100 --> 01:08:18.100] Firm, association, limited liability company or corporation.
[01:08:18.100 --> 01:08:22.100] In law, what is each and every one of these things?
[01:08:22.100 --> 01:08:24.100] They're corporations.
[01:08:24.100 --> 01:08:27.100] No, they're legal entities.
[01:08:27.100 --> 01:08:29.100] They are legal fictions.
[01:08:29.100 --> 01:08:34.100] They exist only because a piece of paper says they do.
[01:08:34.100 --> 01:08:36.100] Okay, understand that.
[01:08:36.100 --> 01:08:46.100] Completely separate from a living, breathing man, woman and child.
[01:08:46.100 --> 01:08:48.100] Okay.
[01:08:48.100 --> 01:08:49.100] Okay.
[01:08:49.100 --> 01:08:55.100] But I guarantee you that's not going to be the only thing you want to throw at them in that regard.
[01:08:55.100 --> 01:09:03.100] That constitutional issue I told you to research is going to be a very big hammer.
[01:09:03.100 --> 01:09:08.100] When I meant look for it and research it today, I didn't mean in the 10 minutes you waited online with us.
[01:09:08.100 --> 01:09:11.100] I was hoping you take a little more time out of the day to do it.
[01:09:11.100 --> 01:09:14.100] But I understand how that goes.
[01:09:14.100 --> 01:09:32.100] But your constitution should have a specific article that is dedicated to the creation and listing of the powers and authority of your legislature.
[01:09:32.100 --> 01:09:37.100] There should be a single article dedicated entirely to that.
[01:09:37.100 --> 01:09:39.100] Okay.
[01:09:39.100 --> 01:09:41.100] Find it.
[01:09:41.100 --> 01:09:48.100] Look up the, find the word legislature or the word legislative.
[01:09:48.100 --> 01:09:49.100] Okay.
[01:09:49.100 --> 01:09:51.100] In your constitution.
[01:09:51.100 --> 01:09:54.100] That should take you right to where you need to be.
[01:09:54.100 --> 01:09:57.100] Okay.
[01:09:57.100 --> 01:10:02.100] Well, I'm going to be meeting with Don tomorrow, or not tomorrow, Sunday.
[01:10:02.100 --> 01:10:09.100] And while I can't find by then, I'll get them to help me look at that Sunday.
[01:10:09.100 --> 01:10:11.100] Okay.
[01:10:11.100 --> 01:10:16.100] And I'm sure they've dealt with this because they've dealt with the whole county issue.
[01:10:16.100 --> 01:10:20.100] Are you talking about Don Terry on agenda 21?
[01:10:20.100 --> 01:10:21.100] Yeah.
[01:10:21.100 --> 01:10:27.100] He has my phone number, if you guys have any questions about this when you're talking to him, then call me.
[01:10:27.100 --> 01:10:35.100] When you see Don Terry, give him a real big hug and tell him that's from Eddie.
[01:10:35.100 --> 01:10:36.100] From Eddie, okay?
[01:10:36.100 --> 01:10:39.100] Yeah.
[01:10:39.100 --> 01:10:42.100] These guys have been a blessing to me.
[01:10:42.100 --> 01:10:47.100] I've known Mr. Brothers.
[01:10:47.100 --> 01:10:49.100] Okay, say that I do.
[01:10:49.100 --> 01:10:52.100] You know, he's the local guy here.
[01:10:52.100 --> 01:10:54.100] Got me hooked up with Don.
[01:10:54.100 --> 01:11:00.100] And he saw this same ordinance in the county for four or five years.
[01:11:00.100 --> 01:11:03.100] And he finally got it repealed by the, got it back.
[01:11:03.100 --> 01:11:09.100] Got a signature to get it back in the vote to get it repealed and it got repealed.
[01:11:09.100 --> 01:11:20.100] Well, the other problem for municipalities is, is their ordinance can only have any effect at all if it's based on a state law.
[01:11:20.100 --> 01:11:21.100] Yeah.
[01:11:21.100 --> 01:11:28.100] If there's no state law for them to base that ordinance on, then it's dead in the water anyway.
[01:11:28.100 --> 01:11:37.100] Well, say I found where the city authorized counties to do it, but I haven't found any work where they authorized the municipalities to do it.
[01:11:37.100 --> 01:11:40.100] You say they, are you talking about the legislature?
[01:11:40.100 --> 01:11:43.100] You found the state enactment?
[01:11:43.100 --> 01:11:45.100] Where they authorized counties to do it.
[01:11:45.100 --> 01:11:47.100] Home rules, what they're calling it.
[01:11:47.100 --> 01:11:49.100] Who is they?
[01:11:49.100 --> 01:11:50.100] Legislative.
[01:11:50.100 --> 01:11:51.100] Okay.
[01:11:51.100 --> 01:11:54.100] And one of them is in the Constitution.
[01:11:54.100 --> 01:11:56.100] Okay.
[01:11:56.100 --> 01:11:57.100] They're in the code.
[01:11:57.100 --> 01:11:58.100] It may be in the code.
[01:11:58.100 --> 01:12:01.100] Yeah, but I don't care what they call themselves.
[01:12:01.100 --> 01:12:05.100] A municipality does not have the authority to make law.
[01:12:05.100 --> 01:12:06.100] Period.
[01:12:06.100 --> 01:12:08.100] Okay.
[01:12:08.100 --> 01:12:09.100] Okay.
[01:12:09.100 --> 01:12:18.100] Well, this, this they, what they done on the county-wide was they did, but then they had to put it up for a vote of the people.
[01:12:18.100 --> 01:12:26.100] But I haven't found anything other than a few counties has done it, but a bunch of cities have adopted it.
[01:12:26.100 --> 01:12:28.100] But that still don't make it legal.
[01:12:28.100 --> 01:12:41.100] But I will, I will find more about this law versus the ordinance and find where the, how the legislature set it up to make the law.
[01:12:41.100 --> 01:12:45.100] I'll do some more digging and research.
[01:12:45.100 --> 01:12:46.100] Okay.
[01:12:46.100 --> 01:12:47.100] Thanks for calling in, Joey.
[01:12:47.100 --> 01:12:49.100] I appreciate your help, sir.
[01:12:49.100 --> 01:12:50.100] Thank you.
[01:12:50.100 --> 01:12:51.100] Yes, sir.
[01:12:51.100 --> 01:12:52.100] Bye-bye.
[01:12:52.100 --> 01:12:53.100] All right.
[01:12:53.100 --> 01:12:56.100] Bye-bye.
[01:12:56.100 --> 01:12:57.100] Okay.
[01:12:57.100 --> 01:13:01.100] Now, let's go to our next caller here.
[01:13:01.100 --> 01:13:02.100] Let's see.
[01:13:02.100 --> 01:13:08.100] I got a message that someone was on a pay phone, but I don't see who that was.
[01:13:08.100 --> 01:13:09.100] Norm, let's see.
[01:13:09.100 --> 01:13:10.100] Norm in California.
[01:13:10.100 --> 01:13:11.100] Okay.
[01:13:11.100 --> 01:13:14.100] We're going to go ahead and take Norm since he's on a pay phone.
[01:13:14.100 --> 01:13:17.100] Norm, this is Eddie on rule of law.
[01:13:17.100 --> 01:13:18.100] What can we do for you?
[01:13:18.100 --> 01:13:19.100] Hi, Eddie.
[01:13:19.100 --> 01:13:23.100] It's not a pay phone, but I just have limited time to talk.
[01:13:23.100 --> 01:13:26.100] I appreciate you taking the call there.
[01:13:26.100 --> 01:13:34.100] I called in last night and I was done with what I needed, but Randy suggested I call in
[01:13:34.100 --> 01:13:36.100] tonight and he wanted to pick my brain.
[01:13:36.100 --> 01:13:42.100] He said it had to do with a federal civil action and a clerk of the court who wouldn't
[01:13:42.100 --> 01:13:46.100] file entry of default, if you remember that.
[01:13:46.100 --> 01:13:48.100] Yes, sir, I do.
[01:13:48.100 --> 01:13:53.100] Randy, with the number of callers we got, do we need to do this offline with him or do
[01:13:53.100 --> 01:13:55.100] you want to do it now in the air?
[01:13:55.100 --> 01:13:59.100] Yes, I think this might be better done offline if you're short of time.
[01:13:59.100 --> 01:14:02.100] I'd hope to get you a lot earlier in the show.
[01:14:02.100 --> 01:14:04.100] I haven't expected Ken on.
[01:14:04.100 --> 01:14:06.100] Can you send me an email?
[01:14:06.100 --> 01:14:07.100] I can.
[01:14:07.100 --> 01:14:09.100] Where do you want it sent to?
[01:14:09.100 --> 01:14:14.100] Randy at ruleoflawradio.com.
[01:14:14.100 --> 01:14:15.100] Okay.
[01:14:15.100 --> 01:14:17.100] I can do that.
[01:14:17.100 --> 01:14:18.100] Thank you very much.
[01:14:18.100 --> 01:14:20.100] I definitely want to talk to you.
[01:14:20.100 --> 01:14:21.100] Okay.
[01:14:21.100 --> 01:14:22.100] I'll talk to you.
[01:14:22.100 --> 01:14:23.100] Thank you.
[01:14:23.100 --> 01:14:24.100] All right.
[01:14:24.100 --> 01:14:26.100] Thanks for coming back in, Norm.
[01:14:26.100 --> 01:14:27.100] Appreciate it.
[01:14:27.100 --> 01:14:28.100] Okay.
[01:14:28.100 --> 01:14:32.100] Now we are going to go to Doug in Texas.
[01:14:32.100 --> 01:14:35.100] Dean and Doug, what can we do for you?
[01:14:35.100 --> 01:14:37.100] Well, can I talk to Randy first?
[01:14:37.100 --> 01:14:45.100] I'm not going to consume the whole segment talking right now.
[01:14:45.100 --> 01:14:47.100] That's good.
[01:14:47.100 --> 01:14:48.100] Okay.
[01:14:48.100 --> 01:14:52.100] Randy consumes enough segments to put himself on the floor regularly anyway.
[01:14:52.100 --> 01:14:54.100] Okay.
[01:14:54.100 --> 01:14:57.100] We'll skip over Randy and I'll talk to you.
[01:14:57.100 --> 01:15:05.100] And the biggest problem I see, Eddie, is that everybody that discusses this and that
[01:15:05.100 --> 01:15:13.100] and others can't quite get the difference between traveling and driving.
[01:15:13.100 --> 01:15:16.100] You know, driving is not a privilege.
[01:15:16.100 --> 01:15:19.100] You know, driving this and driving.
[01:15:19.100 --> 01:15:23.100] That's the essence of the whole thing.
[01:15:23.100 --> 01:15:24.100] I'm traveling.
[01:15:24.100 --> 01:15:26.100] I'm not driving.
[01:15:26.100 --> 01:15:27.100] Well, that's true.
[01:15:27.100 --> 01:15:33.100] And the reason for that is because we're using it in the common man's language when
[01:15:33.100 --> 01:15:40.100] we say driving, we're talking simply about an action, an action or an activity.
[01:15:40.100 --> 01:15:46.100] Whereas the law is talking about an occupation.
[01:15:46.100 --> 01:15:52.100] The two terms are exactly the same, meaning different things depending upon the context
[01:15:52.100 --> 01:15:55.100] in which it's being referred to.
[01:15:55.100 --> 01:15:58.100] Nobody gets that, Eddie.
[01:15:58.100 --> 01:16:01.100] Nobody gets that, but you.
[01:16:01.100 --> 01:16:08.100] Well, I don't know if I mean only one, but it's true that the general population doesn't
[01:16:08.100 --> 01:16:14.100] know it because they're still making the mistake of assuming that the words in law
[01:16:14.100 --> 01:16:19.100] are the same words they're familiar with and they're not.
[01:16:19.100 --> 01:16:21.100] That's where the problem lies.
[01:16:21.100 --> 01:16:23.100] Exactly right.
[01:16:23.100 --> 01:16:29.100] And I hear it every day on radio, you know, just while driving, you know, and driving
[01:16:29.100 --> 01:16:36.100] news, man, they just don't get it that there's a difference between driving and traveling.
[01:16:36.100 --> 01:16:39.100] Huge difference.
[01:16:39.100 --> 01:16:41.100] Well, that part is very true.
[01:16:41.100 --> 01:16:43.100] Okay, thanks for calling in, Doug.
[01:16:43.100 --> 01:16:45.100] Segment ended, right?
[01:16:45.100 --> 01:16:47.100] Segment, I mean.
[01:16:47.100 --> 01:16:48.100] Okay.
[01:16:48.100 --> 01:16:50.100] Thanks for not using up the whole segment.
[01:16:50.100 --> 01:16:53.100] This is Randy Kelton, David Stevens, Eddie Craig.
[01:16:53.100 --> 01:16:59.100] We'll be right back.
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[01:17:20.100 --> 01:17:25.100] We're now located at 7304 Burnett Road, Suite A, 1.2 miles north on Burnett from our
[01:17:25.100 --> 01:17:27.100] previous location.
[01:17:27.100 --> 01:17:31.100] We're on the west side of Burnett Road in the Stanley Insurance Building on the
[01:17:31.100 --> 01:17:34.100] ground floor next to the Ishibon Sushi and the Genie Car Wash.
[01:17:34.100 --> 01:17:38.100] We're open Monday through Friday, 10 to 6, Saturdays, 10 to 5.
[01:17:38.100 --> 01:17:44.100] You're welcome to stop in during regular business hours or call 512-646-644-0.
[01:17:44.100 --> 01:17:48.100] Ask for Chad or Becky and say that you heard about us on Rule of Law Radio or
[01:17:48.100 --> 01:17:50.100] Texas Liberty Radio.
[01:17:50.100 --> 01:17:55.100] That's Capital Coin and Bullion at our new location at 7304 Burnett Road, Suite A.
[01:17:55.100 --> 01:17:59.100] Or call 512-646-644-0.
[01:17:59.100 --> 01:18:04.100] My name is Randy Kelton and I co-host on Rule of Law Radio.
[01:18:04.100 --> 01:18:08.100] We specialize in showing people how to strike back against corrupt public
[01:18:08.100 --> 01:18:09.100] officials.
[01:18:09.100 --> 01:18:13.100] With the mortgage crisis worsening, we set our sights on finding a remedy for
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[01:18:15.100 --> 01:18:20.100] If you have a mortgage or have paid yours off, you have probably been cheated out of
[01:18:20.100 --> 01:18:22.100] thousands, but there is a remedy.
[01:18:22.100 --> 01:18:31.100] Go to remediesandrealestate.com or call me at 512-430-4140 and find out how to use the
[01:18:31.100 --> 01:18:36.100] consumer protection laws to recover what the lenders have stolen through fraud and
[01:18:36.100 --> 01:18:37.100] deception.
[01:18:37.100 --> 01:18:41.100] We will prepare for you a qualified written request that will expose the fraud and
[01:18:41.100 --> 01:18:43.100] put the lenders on the dime.
[01:18:43.100 --> 01:18:47.100] Lender fraud is bankrupting this country and it's time to fight back.
[01:18:47.100 --> 01:18:56.100] Go to remediesandrealestate.com or call 512-430-4140 and get the information you
[01:18:56.100 --> 01:19:01.100] need to stop the money changers in their tracks.
[01:19:26.100 --> 01:19:36.100] Go to remediesandrealestate.com or call 512-430-4140 and get the information you
[01:19:36.100 --> 01:19:41.100] need to stop the money changers in their tracks.
[01:19:41.100 --> 01:19:59.100] Go to remediesandrealestate.com or call 512-430-4140 and get the information you need to stop the
[01:19:59.100 --> 01:20:01.100] money changers in their tracks.
[01:20:01.100 --> 01:20:02.100] Alright folks, we are back.
[01:20:02.100 --> 01:20:06.100] This is Rule of Law Radio 512-646-984.
[01:20:06.100 --> 01:20:08.100] Is the call in number?
[01:20:08.100 --> 01:20:15.100] Alright, now we have a few callers on the board and we are going to go to Susan in Texas
[01:20:15.100 --> 01:20:17.100] and get over here to this.
[01:20:17.100 --> 01:20:20.100] Alright Susan, please, what can we do for you?
[01:20:20.100 --> 01:20:28.100] Well Eddie, I went to court on the 13th of July and it was over a two traffic tickets,
[01:20:28.100 --> 01:20:34.100] one for driving while licensed and valid and the other one for no liability insurance.
[01:20:34.100 --> 01:20:42.100] And I got to court and was before the judge and she denied every motion that I entered,
[01:20:42.100 --> 01:20:46.100] every single paper that I entered she denied.
[01:20:46.100 --> 01:20:50.100] Did you file a findings of fact and conclusions of law each time she did that?
[01:20:50.100 --> 01:20:52.100] No, she did not.
[01:20:52.100 --> 01:20:53.100] She simply...
[01:20:53.100 --> 01:20:54.100] No, not she, you.
[01:20:54.100 --> 01:20:55.100] No.
[01:20:55.100 --> 01:20:59.100] Did you file a demand for a finding of fact and conclusions of law on each motion?
[01:20:59.100 --> 01:21:01.100] No, I didn't.
[01:21:01.100 --> 01:21:02.100] No.
[01:21:02.100 --> 01:21:04.100] And you said this was the 13th?
[01:21:04.100 --> 01:21:05.100] Yes.
[01:21:05.100 --> 01:21:09.100] Why are you waiting nine days later to call in?
[01:21:09.100 --> 01:21:12.100] Well, I'm just now getting around to being able to call in.
[01:21:12.100 --> 01:21:14.100] I went down to the court today.
[01:21:14.100 --> 01:21:17.100] I tried to get a copy of the transcript.
[01:21:17.100 --> 01:21:23.100] The lady told me it would be over $500 for a copy of the transcript and I asked her for
[01:21:23.100 --> 01:21:24.100] her audio.
[01:21:24.100 --> 01:21:27.100] Okay, but we're not talking about a copy of the transcript.
[01:21:27.100 --> 01:21:32.100] There are things you need to do immediately after going to court, especially in a municipal
[01:21:32.100 --> 01:21:34.100] or justice court.
[01:21:34.100 --> 01:21:37.100] And you've only got a limited number of days to do it.
[01:21:37.100 --> 01:21:38.100] Right.
[01:21:38.100 --> 01:21:40.100] Ten days in fact.
[01:21:40.100 --> 01:21:41.100] That's right.
[01:21:41.100 --> 01:21:43.100] And Monday will be the tenth day.
[01:21:43.100 --> 01:21:51.100] I went today to ask him how much it would be to file the appeal and they wanted $1,500
[01:21:51.100 --> 01:21:53.100] to file the appeal.
[01:21:53.100 --> 01:21:56.100] How much were you found guilty of in fines?
[01:21:56.100 --> 01:22:00.100] $754.10 and she said it would be fine.
[01:22:00.100 --> 01:22:02.100] Okay, that's where they're getting that from.
[01:22:02.100 --> 01:22:05.100] They're charging you double the fines to get the appeal.
[01:22:05.100 --> 01:22:06.100] Right.
[01:22:06.100 --> 01:22:12.100] This is one of those things I've talked about where this is completely a denial of due
[01:22:12.100 --> 01:22:15.100] process in these types of cases.
[01:22:15.100 --> 01:22:16.100] Right.
[01:22:16.100 --> 01:22:21.100] And when she did, when she started denying me of everything I tried to enter, well then
[01:22:21.100 --> 01:22:27.100] I started trying to read off the laws to her and she said, you can shut up now.
[01:22:27.100 --> 01:22:29.100] I will be telling the jury what the laws are.
[01:22:29.100 --> 01:22:33.100] I will not have you speaking about any laws in my court.
[01:22:33.100 --> 01:22:38.100] And so, I mean, she denied me a freedom of speech and everything.
[01:22:38.100 --> 01:22:39.100] Okay.
[01:22:39.100 --> 01:22:42.100] Well, this is not about freedom of speech, Susan.
[01:22:42.100 --> 01:22:46.100] I'm going to guarantee you of one thing and I don't mean to sound harsh about this.
[01:22:46.100 --> 01:22:47.100] Yes, sir.
[01:22:47.100 --> 01:22:50.100] But you made the common pro say mistake.
[01:22:50.100 --> 01:22:54.100] And that is, you don't have a clue how to go to court and make the case.
[01:22:54.100 --> 01:22:55.100] Right.
[01:22:55.100 --> 01:23:01.100] How many cases did you go to court and watch before you went to yours?
[01:23:01.100 --> 01:23:02.100] None.
[01:23:02.100 --> 01:23:09.100] How much reading did you do over procedure and the rules the court must follow before
[01:23:09.100 --> 01:23:11.100] you went to court?
[01:23:11.100 --> 01:23:12.100] None.
[01:23:12.100 --> 01:23:18.100] Then how do you expect to play on their game field when you do not know the rules of the
[01:23:18.100 --> 01:23:19.100] game?
[01:23:19.100 --> 01:23:22.100] Well, I ask for their procedures for the court.
[01:23:22.100 --> 01:23:24.100] Now, you don't have to give you their procedures.
[01:23:24.100 --> 01:23:27.100] The procedures are written into the law for a reason.
[01:23:27.100 --> 01:23:28.100] Right.
[01:23:28.100 --> 01:23:29.100] Okay.
[01:23:29.100 --> 01:23:31.100] Well, anyway, so I'm stuck.
[01:23:31.100 --> 01:23:33.100] Monday will be the tense day.
[01:23:33.100 --> 01:23:35.100] So, I told you.
[01:23:35.100 --> 01:23:36.100] Okay.
[01:23:36.100 --> 01:23:38.100] There are two things you have to do if you intend to follow through on this.
[01:23:38.100 --> 01:23:41.100] Now, I don't mean to keep interrupting you, but your time is short.
[01:23:41.100 --> 01:23:44.100] So, what you have to do, you need to do immediately.
[01:23:44.100 --> 01:23:45.100] Okay.
[01:23:45.100 --> 01:23:48.100] If you intend to follow through with this, the very first thing you need to do is file
[01:23:48.100 --> 01:23:50.100] a motion for new trial.
[01:23:50.100 --> 01:23:51.100] Okay.
[01:23:51.100 --> 01:23:57.100] You immediately follow that with a motion for your request for your appeal.
[01:23:57.100 --> 01:23:58.100] Okay.
[01:23:58.100 --> 01:24:00.100] Okay.
[01:24:00.100 --> 01:24:03.100] Now, do you have the money to pay the appeal bond?
[01:24:03.100 --> 01:24:05.100] No, I don't.
[01:24:05.100 --> 01:24:08.100] Then you need to file a pompous affidavit along with it.
[01:24:08.100 --> 01:24:09.100] Okay.
[01:24:09.100 --> 01:24:12.100] She told me I was not allowed to do that.
[01:24:12.100 --> 01:24:15.100] She's a liar.
[01:24:15.100 --> 01:24:16.100] Okay.
[01:24:16.100 --> 01:24:18.100] That's what I went today to help you.
[01:24:18.100 --> 01:24:19.100] Wait a minute.
[01:24:19.100 --> 01:24:21.100] Who told you you weren't allowed to do that?
[01:24:21.100 --> 01:24:22.100] The judge.
[01:24:22.100 --> 01:24:25.100] And file criminal charges against the judge.
[01:24:25.100 --> 01:24:30.100] The judge is attempting to deprive you of a protected right that is written directly
[01:24:30.100 --> 01:24:33.100] into the code of criminal procedure.
[01:24:33.100 --> 01:24:34.100] Okay.
[01:24:34.100 --> 01:24:40.100] You are entitled to a, you can actually file a surety bond for this purpose.
[01:24:40.100 --> 01:24:41.100] Okay?
[01:24:41.100 --> 01:24:42.100] Okay.
[01:24:42.100 --> 01:24:49.100] There's two people willing to sign on the dotted line saying that if you lose, they're
[01:24:49.100 --> 01:24:51.100] willing to pay the money.
[01:24:51.100 --> 01:24:52.100] Right.
[01:24:52.100 --> 01:24:55.100] And so on and so forth.
[01:24:55.100 --> 01:24:56.100] Okay.
[01:24:56.100 --> 01:25:02.100] Nothing in there requires that it be a cash bond.
[01:25:02.100 --> 01:25:06.100] Okay.
[01:25:06.100 --> 01:25:07.100] All right.
[01:25:07.100 --> 01:25:14.100] The very first thing you need to do Monday is file a motion for new trial and a motion
[01:25:14.100 --> 01:25:17.100] demand or a request for your appeal.
[01:25:17.100 --> 01:25:18.100] Okay.
[01:25:18.100 --> 01:25:19.100] All right.
[01:25:19.100 --> 01:25:20.100] Well, I'll do that then.
[01:25:20.100 --> 01:25:21.100] Thank you, Eddie.
[01:25:21.100 --> 01:25:24.100] Now, both of those need to be in writing, Susan.
[01:25:24.100 --> 01:25:25.100] Okay.
[01:25:25.100 --> 01:25:28.100] And it need to be written properly in the form of motions.
[01:25:28.100 --> 01:25:29.100] Okay.
[01:25:29.100 --> 01:25:30.100] Okay.
[01:25:30.100 --> 01:25:31.100] Okay.
[01:25:31.100 --> 01:25:40.100] So do some research on Google, go do a search for template is one word plus and double quotes,
[01:25:40.100 --> 01:25:45.100] motion for new trial, and then out here plus Texas.
[01:25:45.100 --> 01:25:46.100] Okay.
[01:25:46.100 --> 01:25:53.100] And it should find you a motion that's been written in Texas or a template for one for
[01:25:53.100 --> 01:25:56.100] how to write a motion for a new trial.
[01:25:56.100 --> 01:25:57.100] Okay.
[01:25:57.100 --> 01:25:58.100] Okay.
[01:25:58.100 --> 01:26:04.100] Now, that being said, there is also a TMCEC forms book.
[01:26:04.100 --> 01:26:08.100] That's the Texas Municipal Courts Education Center.
[01:26:08.100 --> 01:26:14.100] They have a forms book that you can download off the TMCEC website that contains all the
[01:26:14.100 --> 01:26:17.100] forms these courts are required to use.
[01:26:17.100 --> 01:26:18.100] Okay.
[01:26:18.100 --> 01:26:24.100] And there may be a form in their form motion for a new trial that you can borrow from.
[01:26:24.100 --> 01:26:25.100] Okay.
[01:26:25.100 --> 01:26:26.100] All right.
[01:26:26.100 --> 01:26:29.100] Well, I'll sure give it a try.
[01:26:29.100 --> 01:26:34.100] It was just absolutely ridiculous.
[01:26:34.100 --> 01:26:40.100] The thing is, you're going to get treated that way because you're not playing by their
[01:26:40.100 --> 01:26:41.100] rules.
[01:26:41.100 --> 01:26:42.100] Okay.
[01:26:42.100 --> 01:26:46.100] When you are beating them up with their own rules, they're much more likely to pay attention
[01:26:46.100 --> 01:26:47.100] to you.
[01:26:47.100 --> 01:26:48.100] Right.
[01:26:48.100 --> 01:26:54.100] She said that she read my papers that I submitted and then my motions that I had submitted and
[01:26:54.100 --> 01:26:57.100] she was not allowing any of them into court.
[01:26:57.100 --> 01:26:58.100] Okay.
[01:26:58.100 --> 01:27:02.100] Well, do me a favor and email those to me so I can see what you wrote.
[01:27:02.100 --> 01:27:03.100] Yes, sir.
[01:27:03.100 --> 01:27:04.100] I sure can do that.
[01:27:04.100 --> 01:27:05.100] Okay.
[01:27:05.100 --> 01:27:06.100] Okay.
[01:27:06.100 --> 01:27:11.100] And if I may, while I have you, where did you get the information you put into those
[01:27:11.100 --> 01:27:12.100] motions?
[01:27:12.100 --> 01:27:16.100] That was your information that I had submitted.
[01:27:16.100 --> 01:27:19.100] You got it from the seminar material?
[01:27:19.100 --> 01:27:21.100] Yes, it was exactly from the seminar.
[01:27:21.100 --> 01:27:27.100] The only thing was changed with my name and the situation, you know, the two tickets.
[01:27:27.100 --> 01:27:29.100] No, wait a minute.
[01:27:29.100 --> 01:27:32.100] You say the only thing that was changed?
[01:27:32.100 --> 01:27:35.100] Did you read all these documents before you filed them?
[01:27:35.100 --> 01:27:36.100] Yes, I did.
[01:27:36.100 --> 01:27:37.100] Yes, I did.
[01:27:37.100 --> 01:27:40.100] And you changed everything that was highlighted in yellow?
[01:27:40.100 --> 01:27:41.100] Yes, I did.
[01:27:41.100 --> 01:27:42.100] Okay.
[01:27:42.100 --> 01:27:44.100] Exactly like you had it.
[01:27:44.100 --> 01:27:50.100] I had somebody that didn't do that and filed a motion to disqualify using my colorful name
[01:27:50.100 --> 01:27:52.100] descriptions for the judge.
[01:27:52.100 --> 01:27:54.100] Oh, my goodness.
[01:27:54.100 --> 01:27:55.100] No, it wasn't.
[01:27:55.100 --> 01:27:56.100] That wasn't me.
[01:27:56.100 --> 01:27:57.100] Okay.
[01:27:57.100 --> 01:28:00.100] Well, I know it wasn't you, but I'm just saying someone did.
[01:28:00.100 --> 01:28:01.100] Okay.
[01:28:01.100 --> 01:28:03.100] So I was hoping you did not repeat that error?
[01:28:03.100 --> 01:28:04.100] No, I sure didn't.
[01:28:04.100 --> 01:28:08.100] I tried to submit the affidavit and judicial notice.
[01:28:08.100 --> 01:28:13.100] I tried to submit some paperwork to the jury also and they denied me to do that.
[01:28:13.100 --> 01:28:14.100] So.
[01:28:14.100 --> 01:28:20.100] You can't submit anything to the jury unless it's evidence that they need to look at and
[01:28:20.100 --> 01:28:23.100] you have to lay proper foundation to get it in as evidence.
[01:28:23.100 --> 01:28:24.100] Exactly.
[01:28:24.100 --> 01:28:31.100] I mean, what I had tried to submit was the actual code of criminal procedure, the articles.
[01:28:31.100 --> 01:28:33.100] Can't do that.
[01:28:33.100 --> 01:28:34.100] No.
[01:28:34.100 --> 01:28:39.100] You have to be able to lay a proper foundation through either direct or cross examination
[01:28:39.100 --> 01:28:44.100] to, in order to get the court to take judicial notice of any of those things.
[01:28:44.100 --> 01:28:50.100] If you didn't do that, then you can't put it in front of the jury.
[01:28:50.100 --> 01:28:51.100] Right.
[01:28:51.100 --> 01:28:57.100] Now, if the judge denied it out of the motions that I wrote out of hand, then the judge has
[01:28:57.100 --> 01:29:01.100] got a problem because everything that I write comes straight out of the code of criminal
[01:29:01.100 --> 01:29:05.100] procedure and the other codes that are relating to the charges.
[01:29:05.100 --> 01:29:06.100] That's exactly right, Eddie.
[01:29:06.100 --> 01:29:14.100] And I had tried to begin reading the actual words from the paperwork to her to explain
[01:29:14.100 --> 01:29:18.100] to her the law that followed for each statute.
[01:29:18.100 --> 01:29:21.100] She's not going to let you explain the law to her.
[01:29:21.100 --> 01:29:22.100] She wouldn't let me do it.
[01:29:22.100 --> 01:29:23.100] No.
[01:29:23.100 --> 01:29:24.100] Yeah.
[01:29:24.100 --> 01:29:25.100] She's not going to let you do that.
[01:29:25.100 --> 01:29:30.100] What you can explain to her is that she has certain ministerial duties she's required
[01:29:30.100 --> 01:29:31.100] to perform.
[01:29:31.100 --> 01:29:32.100] Yes.
[01:29:32.100 --> 01:29:33.100] That's right.
[01:29:33.100 --> 01:29:38.100] But we need to get in of finding the fact of conclusions of law for those motions.
[01:29:38.100 --> 01:29:41.100] And there is an example of how to do that in the seminar material.
[01:29:41.100 --> 01:29:42.100] Right.
[01:29:42.100 --> 01:29:43.100] Okay.
[01:29:43.100 --> 01:29:44.100] All right.
[01:29:44.100 --> 01:29:45.100] We're going to take the other callers, Susan.
[01:29:45.100 --> 01:29:46.100] Thanks for calling in.
[01:29:46.100 --> 01:29:47.100] All right.
[01:29:47.100 --> 01:29:48.100] Bye-bye.
[01:29:48.100 --> 01:29:49.100] Bye-bye.
[01:29:49.100 --> 01:29:50.100] All right, folks.
[01:29:50.100 --> 01:29:53.100] This is Rule of Law Radio 512-646-1984.
[01:29:53.100 --> 01:29:55.100] We've got a half hour left in the show.
[01:29:55.100 --> 01:29:56.100] Two other callers.
[01:29:56.100 --> 01:29:59.100] So if you've got an issue, now's the time to get in line.
[01:29:59.100 --> 01:30:03.100] Top 10 reasons to question the official story of the Oklahoma City bombing, reason number
[01:30:03.100 --> 01:30:07.100] 5, as witnessed by millions of viewers, the rescue efforts were interrupted several times
[01:30:07.100 --> 01:30:09.100] due to the presence of other explosives.
[01:30:09.100 --> 01:30:14.100] Government log entries indicate and witnesses report that after the initial devastating blast,
[01:30:14.100 --> 01:30:18.100] a bomb complete with timer was discovered and removed from the wreckage by the bomb squad.
[01:30:18.100 --> 01:30:22.100] Yet we are told it's all due to baseless bomb scares or other contrivances.
[01:30:22.100 --> 01:30:26.100] So while officials try to sort out their stories, all we ask is who planted these bombs
[01:30:26.100 --> 01:30:28.100] and why is the government lying about them?
[01:30:28.100 --> 01:30:32.100] For more information, go to okcbombingtruth.com.
[01:30:32.100 --> 01:30:37.100] Kids in Seminole County, Florida are no longer treated like criminals in the lunch line.
[01:30:37.100 --> 01:30:43.100] Their school district has abandoned the cafeteria ID fingerprint program that had privacy advocates
[01:30:43.100 --> 01:30:44.100] fuming.
[01:30:44.100 --> 01:30:48.100] I'm Dr. Katherine Albrecht and I'll be right back with the details.
[01:30:48.100 --> 01:30:50.100] Privacy is under attack.
[01:30:50.100 --> 01:30:53.100] When you give up data about yourself, you'll never get it back again.
[01:30:53.100 --> 01:30:58.100] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:58.100 --> 01:31:03.100] So protect your rights, say no to surveillance and keep your information to yourself.
[01:31:03.100 --> 01:31:06.100] Privacy, it's worth hanging on to.
[01:31:06.100 --> 01:31:09.100] This public service announcement is brought to you by startpage.com,
[01:31:09.100 --> 01:31:13.100] the private search engine alternative to Google, Yahoo and Bing.
[01:31:13.100 --> 01:31:16.100] Start over with Start Page.
[01:31:16.100 --> 01:31:19.100] Fingerprint scanners are associated with criminals,
[01:31:19.100 --> 01:31:23.100] but at many U.S. schools, they've become fixtures in the cafeteria.
[01:31:23.100 --> 01:31:28.100] In the name of efficiency, kids are trained to present a fingerprint in exchange for a hot meal.
[01:31:28.100 --> 01:31:34.100] It's the ultimate Pavlovian linkage of food to big brother biometric control.
[01:31:34.100 --> 01:31:40.100] Fortunately, Seminole County, Florida is giving the finger scanners the old P. Ho after a four-year experiment.
[01:31:40.100 --> 01:31:44.100] The district's food service manager says the program was too expensive
[01:31:44.100 --> 01:31:49.100] and it was too much work scanning every kid's index finger into the network.
[01:31:49.100 --> 01:31:54.100] Plus, the scanners apparently had a hard time reading children's miniature fingertips.
[01:31:54.100 --> 01:31:55.100] Creepy.
[01:31:55.100 --> 01:31:57.100] I'm Dr. Catherine Albrecht.
[01:31:57.100 --> 01:32:25.100] More news and information at CatherineAlbrecht.com.
[01:32:25.100 --> 01:32:27.100] All right, folks, we are back.
[01:32:27.100 --> 01:32:29.100] This is Rule of Law Radio.
[01:32:29.100 --> 01:32:34.100] We are in the last half hour of our four-hour marathon on this Friday night.
[01:32:34.100 --> 01:32:40.100] So, folks, if you're out there listening, please get us on the phone before we run out of time.
[01:32:40.100 --> 01:32:43.100] Right now, we are going to take Doug in Tennessee.
[01:32:43.100 --> 01:32:45.100] Wendy, we see you there as well, so please hang on.
[01:32:45.100 --> 01:32:48.100] We'll get to you as soon as we're done with Doug.
[01:32:48.100 --> 01:32:51.100] All right, Doug, what can we do for you?
[01:32:51.100 --> 01:32:59.100] As I called in last week and talked about a ordinance violation,
[01:32:59.100 --> 01:33:04.100] we started out in an inferior court under the authority of the general sessions
[01:33:04.100 --> 01:33:08.100] and then I fielded the general sessions and then I fielded the state, the circuit court,
[01:33:08.100 --> 01:33:11.100] and they all found me guilty.
[01:33:11.100 --> 01:33:15.100] Y'all had advised me since the statute of limitations expired
[01:33:15.100 --> 01:33:22.100] that the only way I'll be able to open back up is through subject matter jurisdiction a challenge.
[01:33:22.100 --> 01:33:29.100] The citations for civil and nature is to the miss or the violation.
[01:33:29.100 --> 01:33:36.100] But they had a criminal heading to them and a criminal notice on that.
[01:33:36.100 --> 01:33:40.100] Would they qualify for a subject matter jurisdiction challenge?
[01:33:40.100 --> 01:33:44.100] Not if it's based on a state law.
[01:33:44.100 --> 01:33:53.100] See, the issue here becomes who your state constitution allows to prosecute in the name of the state.
[01:33:53.100 --> 01:33:59.100] For instance, here in Texas, Article 5, Section 21 makes it very clear there are only two attorneys
[01:33:59.100 --> 01:34:07.100] that may prosecute in any of the courts of the state as an attorney for the state.
[01:34:07.100 --> 01:34:10.100] Those are county and district attorneys.
[01:34:10.100 --> 01:34:18.100] There is no allowances whatsoever for a corporate attorney to prosecute in the name of the state
[01:34:18.100 --> 01:34:24.100] for several reasons, not the least of which is, one, they're not elected,
[01:34:24.100 --> 01:34:31.100] and two, they have no oath of office and anti-bribery statement as required by the Constitution
[01:34:31.100 --> 01:34:38.100] before they can fill such a capacity of an official state office.
[01:34:38.100 --> 01:34:43.100] Excuse me, sir, I've looked up those statutes here in Tennessee,
[01:34:43.100 --> 01:34:50.100] and it's similar to Texas that only a district attorney can prosecute criminal offenses for state statutes.
[01:34:50.100 --> 01:34:53.100] So we agree with Texas on that.
[01:34:53.100 --> 01:34:59.100] So would that qualify for a subject matter jurisdiction challenge?
[01:34:59.100 --> 01:35:04.100] If you can make the proper challenge that the prosecutor never acted accordingly
[01:35:04.100 --> 01:35:12.100] and that there was no charging instrument filed by a duly authorized officer in the court,
[01:35:12.100 --> 01:35:16.100] vesting the court with jurisdiction, absolutely.
[01:35:16.100 --> 01:35:19.100] See, that's the other issue here in Texas.
[01:35:19.100 --> 01:35:26.100] There are two things that the Constitution and the statutes refer to as charging instruments.
[01:35:26.100 --> 01:35:33.100] That's an indictment by a grand jury and an information signed by the prosecuting attorney
[01:35:33.100 --> 01:35:36.100] for the state, meaning the district or county attorney.
[01:35:36.100 --> 01:35:44.100] They're the only ones that are authorized by law to sign and file a charging instrument,
[01:35:44.100 --> 01:35:49.100] other than the foreman of the grand jury in the case of an indictment, okay?
[01:35:49.100 --> 01:35:56.100] Therefore, a charging instrument does not exist if a municipal prosecutor is prosecuting
[01:35:56.100 --> 01:35:59.100] because they have no authority to file it.
[01:35:59.100 --> 01:36:06.100] Hence, without the charging instrument, the court itself is not vested with jurisdiction of the cause,
[01:36:06.100 --> 01:36:13.100] which means they have no jurisdiction authority to try the case at all.
[01:36:13.100 --> 01:36:14.100] Oh, you are good.
[01:36:14.100 --> 01:36:16.100] I know exactly what you're talking about.
[01:36:16.100 --> 01:36:19.100] We have a similar procedure here in Tennessee.
[01:36:19.100 --> 01:36:29.100] There's an additional problem with this situation that I've recently checked the initial original court's oath of office,
[01:36:29.100 --> 01:36:35.100] and he did not file that until after he had indicated my case.
[01:36:35.100 --> 01:36:39.100] Then he had no authority to sit in judgment in the case to begin with.
[01:36:39.100 --> 01:36:45.100] The judge lacked any authority to act as a member of the court.
[01:36:45.100 --> 01:36:49.100] Oh, that is terrible.
[01:36:49.100 --> 01:36:55.100] That's impersonating a public servant and a judicial officer, which is a felony in those states.
[01:36:55.100 --> 01:37:07.100] And that also means that that person who was impersonating a judicial officer is subject to civil litigation and has no protection.
[01:37:07.100 --> 01:37:09.100] That's what I wanted to hear, guys.
[01:37:09.100 --> 01:37:18.100] Because y'all have taught us so well how to defend ourselves, but now we need to move forward and get offensive.
[01:37:18.100 --> 01:37:20.100] We need to go after these guys.
[01:37:20.100 --> 01:37:22.100] Yep, absolutely.
[01:37:22.100 --> 01:37:28.100] The longer we let them get away with it, the bolder they're going to become in creating these problems for us.
[01:37:28.100 --> 01:37:31.100] We're not going to stop it by sitting back and letting them continue.
[01:37:31.100 --> 01:37:35.100] This is folks from Tennessee.
[01:37:35.100 --> 01:37:39.100] We go after them. We go get it done.
[01:37:39.100 --> 01:37:44.100] Actually, we've got two people from Tennessee in a row here.
[01:37:44.100 --> 01:37:46.100] Yes, sir.
[01:37:46.100 --> 01:37:55.100] And that was my next question, Randy, is that if that's the case, how do I go against these criminally, and can I go against them civilly, too?
[01:37:55.100 --> 01:37:59.100] Okay, criminal and civil are totally different.
[01:37:59.100 --> 01:38:03.100] You go against them criminally.
[01:38:03.100 --> 01:38:07.100] Listen, after we're done with you, we talked to Wendy.
[01:38:07.100 --> 01:38:12.100] She's in Tennessee in cheek, and absolutely tell you how to go after them criminally.
[01:38:12.100 --> 01:38:16.100] Because she is very good at going after them criminally.
[01:38:16.100 --> 01:38:18.100] Civil is the whole other matter.
[01:38:18.100 --> 01:38:27.100] You just file a civil suit in the civil court and make sure you choose your causes of action.
[01:38:27.100 --> 01:38:36.100] And here you sue the judge for him, you sue the person for impersonating the judicial officer.
[01:38:36.100 --> 01:38:47.100] What determines whether you have standing to sue or whether the individual is protected is the claim that you make.
[01:38:47.100 --> 01:38:51.100] It's not what you can prove up, but the claim you make.
[01:38:51.100 --> 01:38:58.100] If you claim that the judge acted without authority, and therefore impersonated a judicial officer,
[01:38:58.100 --> 01:39:07.100] and the process denied you in your due process rights, they have to adjudicate the claim.
[01:39:07.100 --> 01:39:20.100] And that claim would deny him the immunity that he so desperately needs.
[01:39:20.100 --> 01:39:25.100] So make sure you make the right claim against it.
[01:39:25.100 --> 01:39:31.100] Yes, and I've heard y'all mention O'Connor's litigation guys who are called to action there in Texas,
[01:39:31.100 --> 01:39:35.100] and I'm looking for something similar for that here in Tennessee.
[01:39:35.100 --> 01:39:38.100] Okay, I can tell you how to do that.
[01:39:38.100 --> 01:39:42.100] Just call any law firm, tell them you're homeschooling kids,
[01:39:42.100 --> 01:39:48.100] and you don't know what kind of litigation guys you're available in Tennessee.
[01:39:48.100 --> 01:39:51.100] And they'll be glad to tell you.
[01:39:51.100 --> 01:39:52.100] Okay.
[01:39:52.100 --> 01:39:56.100] And then ask them if they renew these every year.
[01:39:56.100 --> 01:40:00.100] Some of them come with binders and they get updates.
[01:40:00.100 --> 01:40:06.100] But if they sell them in books like O'Connor's, ask them if they have any old ones.
[01:40:06.100 --> 01:40:12.100] I had a woman in Amarillo do that, and second attorney she called ask her,
[01:40:12.100 --> 01:40:18.100] do you have a minivan or a pickup truck?
[01:40:18.100 --> 01:40:21.100] Actually, I think he said station wagon or pickup truck,
[01:40:21.100 --> 01:40:24.100] because he had a whole bunch of old ones to get rid of.
[01:40:24.100 --> 01:40:29.100] And litigation guys are absolutely crucial.
[01:40:29.100 --> 01:40:34.100] You mentioned, was it a person named Wendy here in Tennessee?
[01:40:34.100 --> 01:40:37.100] Yeah, she's the next callery.
[01:40:37.100 --> 01:40:44.100] I want to bring her up. I'll tell you what, you just hang in there and I'm going to bring up Wendy.
[01:40:44.100 --> 01:40:48.100] Okay, and we also have Ken Magnuson on the line.
[01:40:48.100 --> 01:40:56.100] You're all three unmuted, so try not to bump your mics around or talk over each other.
[01:40:56.100 --> 01:40:57.100] Wendy!
[01:40:57.100 --> 01:40:59.100] Hey, how y'all doing?
[01:40:59.100 --> 01:41:01.100] Where have you been, young ladies?
[01:41:01.100 --> 01:41:05.100] I've been running from those trains.
[01:41:05.100 --> 01:41:10.100] No, I've just been late a little bit, maybe too busy, I guess.
[01:41:10.100 --> 01:41:16.100] But the reason why I want to talk to Ken is I just want to know what is going on in the background
[01:41:16.100 --> 01:41:24.100] when the judge in their case had filed an order that the clerk could not file any more documents for us
[01:41:24.100 --> 01:41:27.100] without his permission.
[01:41:27.100 --> 01:41:29.100] Okay, and...
[01:41:29.100 --> 01:41:31.100] Ken, I've got Ken up on the board here.
[01:41:31.100 --> 01:41:33.100] Ken wants to chime in.
[01:41:33.100 --> 01:41:36.100] I'm listening for the question.
[01:41:36.100 --> 01:41:45.100] Okay, so anyway, when we do file things in, okay, then the clerk will actually send us a letter
[01:41:45.100 --> 01:41:50.100] and say that the order is under steel, pursuant to the judge's orders,
[01:41:50.100 --> 01:41:58.100] and that they are lodging our documents in the file, but now we owe them 300 bucks.
[01:41:58.100 --> 01:42:03.100] So what does he actually mean with this?
[01:42:03.100 --> 01:42:06.100] Well, I've got to understand a few things.
[01:42:06.100 --> 01:42:11.100] One of the issues here is what kind of case is this?
[01:42:11.100 --> 01:42:15.100] This was a criminal case, okay?
[01:42:15.100 --> 01:42:19.100] It's for grown flowers without license.
[01:42:19.100 --> 01:42:25.100] Okay, and so anyway, we actually beat the crap out of them all over the place
[01:42:25.100 --> 01:42:30.100] and the judges in the state, we went through nine judges, 27 court appearances.
[01:42:30.100 --> 01:42:34.100] Okay, I'm going to stop you there because we're going to run out of time.
[01:42:34.100 --> 01:42:40.100] The issue is, okay, so it's a criminal action, you're still defending yourself in a criminal action?
[01:42:40.100 --> 01:42:46.100] Well, I have filed a void judgment, okay?
[01:42:46.100 --> 01:42:50.100] Oh, okay, but I'm still trying to get to where we are.
[01:42:50.100 --> 01:42:54.100] It's still a criminal action that you're talking about?
[01:42:54.100 --> 01:42:59.100] Okay, that's what I wanted to be on the right page here.
[01:42:59.100 --> 01:43:04.100] And the judge has indicated you can't file documents unless he approves them?
[01:43:04.100 --> 01:43:06.100] Exactly.
[01:43:06.100 --> 01:43:13.100] You need to get a copy of the state rules of criminal procedure
[01:43:13.100 --> 01:43:18.100] and find out what the rules are, whether or not he has discretion to do this.
[01:43:18.100 --> 01:43:20.100] He doesn't.
[01:43:20.100 --> 01:43:22.100] If he doesn't, I disqualify him.
[01:43:22.100 --> 01:43:26.100] I have disqualifying him, he ignored that darn thing too.
[01:43:26.100 --> 01:43:29.100] You go to the Palace Court with a writ of mandamus.
[01:43:29.100 --> 01:43:31.100] I did that, Nate, and now that too.
[01:43:31.100 --> 01:43:38.100] And you appeal that to the state Supreme Court and you file grievances against every judge involved.
[01:43:38.100 --> 01:43:41.100] I mean, that's all you can do.
[01:43:41.100 --> 01:43:43.100] Okay, hold on.
[01:43:43.100 --> 01:43:47.100] Hang on, we're going to talk about this some more on the other side.
[01:43:47.100 --> 01:43:52.100] This is Randy Kelkin, David Stevens, Eddie Craig, Will of Love Radio.
[01:43:52.100 --> 01:43:55.100] We're going into our last segment.
[01:43:55.100 --> 01:44:24.100] Right back on the other side.
[01:44:25.100 --> 01:44:45.100] We're going into our last segment.
[01:44:45.100 --> 01:45:13.100] We're going into our last segment.
[01:45:13.100 --> 01:45:33.100] We're going into our last segment.
[01:45:33.100 --> 01:45:42.100] We're going into our last segment.
[01:45:42.100 --> 01:46:01.100] We're going into our last segment.
[01:46:12.100 --> 01:46:22.100] Okay, we're back.
[01:46:22.100 --> 01:46:25.100] Randy Kelkin, David Stevens, Eddie Craig, Will of Love Radio.
[01:46:25.100 --> 01:46:28.100] We're talking to Wendy in Tennessee.
[01:46:28.100 --> 01:46:37.100] Wendy, have you considered filing against the state in federal court?
[01:46:37.100 --> 01:46:42.100] I'm doing administrative claim against the state, and that's why I was going to tell Doug.
[01:46:42.100 --> 01:46:48.100] Even though statute of limitations may have ran out on the civil or criminal side, whatever,
[01:46:48.100 --> 01:46:50.100] the state of Tennessee has a law.
[01:46:50.100 --> 01:46:52.100] Can't name it off the top of my head.
[01:46:52.100 --> 01:46:58.100] You have 10 years to file agreements against their bond.
[01:46:58.100 --> 01:47:03.100] Okay, tell me more about filing agreements against their bond.
[01:47:03.100 --> 01:47:04.100] Okay.
[01:47:04.100 --> 01:47:07.100] Wait, stop, stop, stop.
[01:47:07.100 --> 01:47:09.100] Statute of limitations?
[01:47:09.100 --> 01:47:11.100] This is ongoing, isn't it?
[01:47:11.100 --> 01:47:13.100] It's always been ongoing.
[01:47:13.100 --> 01:47:15.100] I'm stopping you.
[01:47:15.100 --> 01:47:20.100] Well, I mean, how long ago did this judge commit this?
[01:47:20.100 --> 01:47:26.100] When was the last time the judge, the clerk, denied you in filing a document?
[01:47:26.100 --> 01:47:28.100] It was this year.
[01:47:28.100 --> 01:47:30.100] He denied that in January of this year.
[01:47:30.100 --> 01:47:31.100] Okay.
[01:47:31.100 --> 01:47:34.100] The statute of limitations hasn't run.
[01:47:34.100 --> 01:47:37.100] Have you considered suing the state of Tennessee?
[01:47:37.100 --> 01:47:40.100] That's why we're in process right now.
[01:47:40.100 --> 01:47:41.100] Okay.
[01:47:41.100 --> 01:47:49.100] You know, if you sue a state, you sue them directly in the Supreme Court.
[01:47:49.100 --> 01:47:51.100] Wonderful.
[01:47:51.100 --> 01:47:54.100] So you're prepared to do that?
[01:47:54.100 --> 01:47:56.100] Absolutely.
[01:47:56.100 --> 01:47:58.100] We're working on it right now.
[01:47:58.100 --> 01:48:07.100] We have our claim in to the Grand Division, Eastern Division claims administratively.
[01:48:07.100 --> 01:48:08.100] Okay.
[01:48:08.100 --> 01:48:10.100] Because they had no subject managers.
[01:48:10.100 --> 01:48:12.100] We didn't have administrative hearing.
[01:48:12.100 --> 01:48:13.100] Okay.
[01:48:13.100 --> 01:48:14.100] Okay.
[01:48:14.100 --> 01:48:20.100] I think you may need to look at what's his name?
[01:48:20.100 --> 01:48:21.100] Glass.
[01:48:21.100 --> 01:48:23.100] Ron Glass.
[01:48:23.100 --> 01:48:24.100] C-L-A-S-S.
[01:48:24.100 --> 01:48:25.100] I know.
[01:48:25.100 --> 01:48:27.100] All about Rod Glass.
[01:48:27.100 --> 01:48:28.100] Okay.
[01:48:28.100 --> 01:48:30.100] I mean, he's just like Will.
[01:48:30.100 --> 01:48:31.100] Okay.
[01:48:31.100 --> 01:48:40.100] You're familiar with his work about the one in D.C., the Article III Court in D.C.?
[01:48:40.100 --> 01:48:41.100] Yes.
[01:48:41.100 --> 01:48:42.100] Okay.
[01:48:42.100 --> 01:48:46.100] That's I think is where you would file this one.
[01:48:46.100 --> 01:48:47.100] Wonderful.
[01:48:47.100 --> 01:48:50.100] I sure want to see how this turns out.
[01:48:50.100 --> 01:48:51.100] Okay.
[01:48:51.100 --> 01:48:55.100] So there are other ways of going after the state officials, okay?
[01:48:55.100 --> 01:48:58.100] And so this is one avenue.
[01:48:58.100 --> 01:48:59.100] Then you can go back.
[01:48:59.100 --> 01:49:03.100] Then you can file suit in federal court against them.
[01:49:03.100 --> 01:49:07.100] So you double dip.
[01:49:07.100 --> 01:49:08.100] Wait a minute.
[01:49:08.100 --> 01:49:10.100] So you can...
[01:49:10.100 --> 01:49:11.100] You're going to...
[01:49:11.100 --> 01:49:13.100] You missed the first one.
[01:49:13.100 --> 01:49:14.100] Yes.
[01:49:14.100 --> 01:49:16.100] What was the first one?
[01:49:16.100 --> 01:49:18.100] The ministry of claims.
[01:49:18.100 --> 01:49:21.100] The ministry of claims division against the bonds.
[01:49:21.100 --> 01:49:27.100] The state of Tennessee is self-insured and they have a claims division.
[01:49:27.100 --> 01:49:31.100] And we're in about half a year into...
[01:49:31.100 --> 01:49:34.100] We're really navigating to start battling a little bit.
[01:49:34.100 --> 01:49:36.100] We went to a regular docket.
[01:49:36.100 --> 01:49:38.100] It was the smallest claims docket.
[01:49:38.100 --> 01:49:42.100] We had to transfer the regular docket because law says we can.
[01:49:42.100 --> 01:49:46.100] Because on a smaller docket, they would only pay $25,000 for damages.
[01:49:46.100 --> 01:49:48.100] That's top.
[01:49:48.100 --> 01:49:50.100] That'll mean more than that.
[01:49:50.100 --> 01:49:52.100] Good.
[01:49:52.100 --> 01:49:53.100] A lot more.
[01:49:53.100 --> 01:49:54.100] Good.
[01:49:54.100 --> 01:49:55.100] I hope you clean them out.
[01:49:55.100 --> 01:49:59.100] And then you say, after you've finished your administrative remedies,
[01:49:59.100 --> 01:50:05.100] that those administrative remedies are you saying that they don't affect your federal remedies?
[01:50:05.100 --> 01:50:07.100] No, it doesn't.
[01:50:07.100 --> 01:50:13.100] So you can double dip and use them federally.
[01:50:13.100 --> 01:50:14.100] Wonderful.
[01:50:14.100 --> 01:50:18.100] So are you going to try to sue in the Article III Court in DC?
[01:50:18.100 --> 01:50:19.100] Absolutely.
[01:50:19.100 --> 01:50:20.100] Good.
[01:50:20.100 --> 01:50:21.100] Good.
[01:50:21.100 --> 01:50:28.100] And then you're going after I take the officials themselves in the federal court.
[01:50:28.100 --> 01:50:33.100] And then you can go after the state itself.
[01:50:33.100 --> 01:50:37.100] And you can sue the state itself in the Supreme.
[01:50:37.100 --> 01:50:39.100] Exactly.
[01:50:39.100 --> 01:50:42.100] You're having way too much fun.
[01:50:42.100 --> 01:50:45.100] I've learned a lot over the last year.
[01:50:45.100 --> 01:50:47.100] I am going to unmute Doug.
[01:50:47.100 --> 01:50:53.100] I have a friend named Gary Bryant that's just helped me tremendously learn about administrative
[01:50:53.100 --> 01:50:59.100] process and how it works and helps me write my, you know, my work and stuff and sort of
[01:50:59.100 --> 01:51:02.100] directs me the same direction I should go in.
[01:51:02.100 --> 01:51:06.100] But yeah, I've had a lot of help and learned a lot.
[01:51:06.100 --> 01:51:11.100] Well, why haven't you been on our show teaching us?
[01:51:11.100 --> 01:51:15.100] Well, I don't know.
[01:51:15.100 --> 01:51:20.100] Either I'm lazy at night and go to bed or actually there's a lot of noise, but we have
[01:51:20.100 --> 01:51:23.100] trained to go through it and to learn.
[01:51:23.100 --> 01:51:26.100] So anyway, I need to call you more often.
[01:51:26.100 --> 01:51:27.100] I know.
[01:51:27.100 --> 01:51:28.100] I miss you all.
[01:51:28.100 --> 01:51:30.100] I miss your calling.
[01:51:30.100 --> 01:51:34.100] You were a lot of, we missed a lot of fun with you, not calling you more often.
[01:51:34.100 --> 01:51:37.100] Yeah, I have a lot of fun.
[01:51:37.100 --> 01:51:39.100] Doug, I have you up.
[01:51:39.100 --> 01:51:42.100] Do you want to ask Wendy something?
[01:51:42.100 --> 01:51:45.100] I like Wendy already.
[01:51:45.100 --> 01:51:47.100] Well, thank you.
[01:51:47.100 --> 01:51:55.100] And what I'd like to do is offer my contact information offline.
[01:51:55.100 --> 01:52:03.100] And if she would like to, she can maybe give me some more instructions on that because
[01:52:03.100 --> 01:52:05.100] I can use all the help I can get.
[01:52:05.100 --> 01:52:12.100] And then I have all kinds of Tennessee case laws, save back, and ship over to you about
[01:52:12.100 --> 01:52:14.100] on every subject you can imagine.
[01:52:14.100 --> 01:52:21.100] Doug, if you'll send me an email, I will get it to Wendy.
[01:52:21.100 --> 01:52:26.100] Wendy, I'm not sure if I still have your email in my system.
[01:52:26.100 --> 01:52:27.100] Okay.
[01:52:27.100 --> 01:52:31.100] It probably is, but would you send me just an email just to make sure?
[01:52:31.100 --> 01:52:33.100] Okay, sure will.
[01:52:33.100 --> 01:52:36.100] Oh, wonderful.
[01:52:36.100 --> 01:52:48.100] So, last time I talked, we were having an issue with mortgage.
[01:52:48.100 --> 01:52:50.100] I lost his name for the moment.
[01:52:50.100 --> 01:52:51.100] Buddy.
[01:52:51.100 --> 01:52:52.100] Doug.
[01:52:52.100 --> 01:52:53.100] Yeah.
[01:52:53.100 --> 01:52:54.100] No, buddy, buddy.
[01:52:54.100 --> 01:52:55.100] Buddy.
[01:52:55.100 --> 01:52:56.100] Buddy.
[01:52:56.100 --> 01:52:58.100] How is his issue?
[01:52:58.100 --> 01:53:06.100] Well, we're still battling it in court, in federal court.
[01:53:06.100 --> 01:53:10.100] Well, we have a problem with disqualifying the judge and he's not disqualifying himself
[01:53:10.100 --> 01:53:13.100] and he's not his discretion not to either.
[01:53:13.100 --> 01:53:15.100] So, I did a written mandamus.
[01:53:15.100 --> 01:53:17.100] They denied a written mandamus.
[01:53:17.100 --> 01:53:18.100] He did.
[01:53:18.100 --> 01:53:24.100] He did a ruling and he said that it's been prohibited.
[01:53:24.100 --> 01:53:26.100] A written mandamus has now.
[01:53:26.100 --> 01:53:31.100] So, anyway, I've got to go in, studies more, go back and hit them again.
[01:53:31.100 --> 01:53:35.100] And it's not dead until you say it's over.
[01:53:35.100 --> 01:53:37.100] It's however long to fight.
[01:53:37.100 --> 01:53:41.100] It's not over until you say it's over.
[01:53:41.100 --> 01:53:45.100] I wonder, do you have any idea how much you've cost him so far?
[01:53:45.100 --> 01:53:49.100] Probably a hell of a lot, trust me.
[01:53:49.100 --> 01:53:51.100] Probably a hell of a lot.
[01:53:51.100 --> 01:53:58.100] We have one attorney that we attacked, favorably, because she kept on giving the wrong bar number
[01:53:58.100 --> 01:54:00.100] on her pleadings and her motions.
[01:54:00.100 --> 01:54:02.100] She would leave out one number.
[01:54:02.100 --> 01:54:12.100] So, we accused her of not being a license attorney and wanted her to put her bar license on file.
[01:54:12.100 --> 01:54:15.100] But she's seeing an application where she applied for one.
[01:54:15.100 --> 01:54:18.100] And it still doesn't prove to me she's a license attorney.
[01:54:18.100 --> 01:54:20.100] Of course, she don't have one.
[01:54:20.100 --> 01:54:22.100] She's not going to put in the application.
[01:54:22.100 --> 01:54:27.100] So, we've been knocking her around for quite a while.
[01:54:27.100 --> 01:54:31.100] Well, it is good to hear from you again, Wendy.
[01:54:31.100 --> 01:54:33.100] We have one more caller.
[01:54:33.100 --> 01:54:36.100] Thank you for calling and call back more often.
[01:54:36.100 --> 01:54:37.100] I will.
[01:54:37.100 --> 01:54:38.100] And I'll talk to you later.
[01:54:38.100 --> 01:54:40.100] Doug, I will get in touch with you.
[01:54:40.100 --> 01:54:41.100] Okay?
[01:54:41.100 --> 01:54:42.100] And you all have a good night.
[01:54:42.100 --> 01:54:44.100] Bye-bye.
[01:54:44.100 --> 01:54:45.100] Okay.
[01:54:45.100 --> 01:54:46.100] Thank you all.
[01:54:46.100 --> 01:54:47.100] Okay.
[01:54:47.100 --> 01:54:49.100] Thank you, Doug.
[01:54:49.100 --> 01:54:52.100] Thank you to Mark in Washington.
[01:54:52.100 --> 01:54:55.100] Mark, what do you have for us?
[01:54:55.100 --> 01:55:03.100] Oh, somebody called in earlier and they thought they heard that there was going to be a moratorium.
[01:55:03.100 --> 01:55:08.100] The government was going to put a moratorium on foreclosures.
[01:55:08.100 --> 01:55:11.100] Well, it's the opposite of that.
[01:55:11.100 --> 01:55:20.100] I just found this on the reality zone unfiltered news compiled by G. Edward Griffith and I trust this guy.
[01:55:20.100 --> 01:55:21.100] He's real good.
[01:55:21.100 --> 01:55:34.100] But it says here, U.S. Attorney Generals of 50 states are negotiating to give banks immunity from criminal prosecution relating to improper foreclosures.
[01:55:34.100 --> 01:55:49.100] Taking their cue from the drug companies, the banks are planning to pay a few hundred million dollars in bribes to government officials to become immune from prosecution and save trillions in lawsuits.
[01:55:49.100 --> 01:55:53.100] That's just the trailer.
[01:55:53.100 --> 01:55:56.100] I don't think that's possible.
[01:55:56.100 --> 01:56:05.100] That would have to go to expo facto laws.
[01:56:05.100 --> 01:56:09.100] They've heard these kind of stories that they were doing this.
[01:56:09.100 --> 01:56:22.100] I'd have to see what it is, but if I have a right, I don't see how the Attorney General can deal away my rights.
[01:56:22.100 --> 01:56:28.100] I think if they try that, we may have to replace some Attorney Generals really, really fast.
[01:56:28.100 --> 01:56:29.100] Okay.
[01:56:29.100 --> 01:56:32.100] But I'd have to look at it to see what that's about.
[01:56:32.100 --> 01:56:37.100] I know G. Edward Griffin personally, and I do trust him.
[01:56:37.100 --> 01:56:38.100] I do.
[01:56:38.100 --> 01:56:46.100] But this is not his area, so he may not fully understand what it's about.
[01:56:46.100 --> 01:56:49.100] Ken, question on that.
[01:56:49.100 --> 01:56:56.100] I just thought maybe that she may have seen, heard that and taken it like opposite.
[01:56:56.100 --> 01:57:02.100] She thought it was a law that somebody passes if someone had told her.
[01:57:02.100 --> 01:57:03.100] Ken.
[01:57:03.100 --> 01:57:04.100] Yeah.
[01:57:04.100 --> 01:57:05.100] Yes.
[01:57:05.100 --> 01:57:20.100] What authority does an Attorney General or even a federal government have to immunize someone against a specific personal harm they've committed against you?
[01:57:20.100 --> 01:57:22.100] I'm not sure they can.
[01:57:22.100 --> 01:57:32.100] I think they can immune them from prosecution or criminal actions as far as the state is concerned or the federal government.
[01:57:32.100 --> 01:57:39.100] But I'm not sure they can essentially indemnify them from the harm that they've done to somebody else.
[01:57:39.100 --> 01:57:45.100] If they violated a law and they committed crimes, that's going to be part of the court action against them.
[01:57:45.100 --> 01:57:49.100] And I don't think there's any way they can get out of it.
[01:57:49.100 --> 01:57:55.100] Congress could pass a law, but that won't make any difference because that depends on those factors.
[01:57:55.100 --> 01:58:04.100] So, but I'm not, I'm only about 60% sure on this because I haven't ever researched it in any kind of detail.
[01:58:04.100 --> 01:58:05.100] Yeah.
[01:58:05.100 --> 01:58:06.100] Okay.
[01:58:06.100 --> 01:58:12.100] I was just, I thought maybe you'd have something I didn't expect to know this.
[01:58:12.100 --> 01:58:14.100] I'm completely at a loss.
[01:58:14.100 --> 01:58:16.100] I have no idea.
[01:58:16.100 --> 01:58:24.100] It doesn't seem like I'd be able to read but it's a good thing because we just went out of time and they stopped the chop.
[01:58:24.100 --> 01:58:29.100] At least once in the show, you have to stop the chop at least once.
[01:58:29.100 --> 01:58:30.100] Okay.
[01:58:30.100 --> 01:58:35.100] This is Randy Kelsen, W.D. and Eddie Craig, rule of law radio.
[01:58:35.100 --> 01:58:46.100] I look forward to having you listed in Monday on February and Eddie's traffic show and we'll be back next Thursday and Friday.
[01:58:46.100 --> 01:58:59.100] Good night and thank you all for listening.
[01:58:59.100 --> 01:59:17.100] Bibles for America is offering absolutely free a unique study Bible called the New Testament Recovery Version.
[01:59:17.100 --> 01:59:29.100] Order your free copy today from Bibles for America. Call us toll free at 888-551-0102 or visit us online at bfa.org.
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