ROL_2011-09-08_16k.timecode

[00:00.000 --> 00:04.480]  This news break brought to you by the International Newsnet.
[00:04.480 --> 00:10.440]  Georgia corrections officials set an execution date Wednesday for Troy Anthony Davis, accused
[00:10.440 --> 00:12.600]  of killing a Savannah police officer.
[00:12.600 --> 00:18.360]  Davis's case attracted international attention because a number of key witnesses either recanted
[00:18.360 --> 00:20.960]  or backed off their trial testimony.
[00:20.960 --> 00:25.400]  He is set to be executed on September 21.
[00:25.400 --> 00:29.960]  Voting voters at Wednesday night's Republican presidential debate expressed their approval
[00:29.960 --> 00:34.960]  of the death penalty by giving Governor Rick Perry's record on execution some of the loudest
[00:34.960 --> 00:36.960]  applause of the night.
[00:36.960 --> 00:41.720]  Perry, who purports to be a devout Christian, said he has, quote, never struggled with the
[00:41.720 --> 00:47.320]  record 234 executions he has presided over as governor of Texas.
[00:47.320 --> 00:53.840]  Nearly 1,000 prisoners escaped from a jail in eastern Democratic Republic of Congo after
[00:53.840 --> 00:56.600]  it was attacked by armed men Wednesday.
[00:56.600 --> 00:58.160]  A U.N. spokesman and D.R.
[00:58.160 --> 01:04.480]  Congo said a former commander of the Mai Mai militia movement, Keryon Koyunge Matanga,
[01:04.480 --> 01:05.480]  had escaped.
[01:05.480 --> 01:10.200]  Matanga was sentenced to death in 2009 for his role in the long-running conflict in
[01:10.200 --> 01:11.200]  eastern D.R.
[01:11.200 --> 01:12.200]  Congo.
[01:12.200 --> 01:17.680]  Human Rights Watch Wednesday accused the U.S. government, the World Bank, and other
[01:17.680 --> 01:23.160]  international donors of indirectly funding forced labor in Vietnam's drug rehabilitation
[01:23.160 --> 01:24.160]  centers.
[01:24.160 --> 01:29.960]  H.R.W. said that Vietnam's system of forced labor centers for people who use drugs has
[01:29.960 --> 01:35.440]  expanded over the last decade thanks to international donations.
[01:35.440 --> 01:39.360]  Has expanded over the last decade thanks to international donations.
[01:39.360 --> 01:43.920]  In 2000, there were 56 drug detention centers across Vietnam.
[01:43.920 --> 01:48.800]  By early 2011, that number had risen to 123 centers.
[01:48.800 --> 01:52.400]  309,000 people passed through the centers.
[01:52.400 --> 01:58.040]  H.R.W. said the centers, mandated to treat and rehabilitate drug users, are quote little
[01:58.040 --> 02:04.360]  more than forced labor camps where drug users work six days a week, processing cashews,
[02:04.360 --> 02:07.520]  sowing garments, or manufacturing items.
[02:07.520 --> 02:12.160]  The centers have been sustained by a variety of international donors including U.S.
[02:12.160 --> 02:14.400]  aid, the World Bank, and the U.N.
[02:14.400 --> 02:21.560]  office on drugs and crime, none of which have raised objections to conditions in the camps.
[02:21.560 --> 02:26.920]  A special Bahraini court Wednesday released on bail 20 Shia Muslim medics being tried
[02:26.920 --> 02:32.120]  for their role in pro-democracy protests in March, including many who had gone on hunger
[02:32.120 --> 02:33.120]  strike.
[02:33.120 --> 02:38.640]  The court was set up under a three-month emergency law declared by Bahrain Sunni ruler, King
[02:38.640 --> 02:43.160]  Hamad, in a crackdown on protests led by the Shia majority.
[02:43.160 --> 02:48.000]  At least 100 of those detained in the sweeping crackdown are on a hunger strike.
[02:48.000 --> 02:53.800]  Among those facing charges of incitement to overthrow the regime are 24 doctors and 23
[02:53.800 --> 02:54.800]  nurses.
[02:54.800 --> 02:59.800]  For more details on these stories, visit INN World Report.net.
[02:59.800 --> 03:11.840]  You are listening to the Rural Law Radio Network at RuralLawRadio.com, live free speech talk
[03:11.840 --> 03:18.840]  on the radio at its desk.
[03:41.840 --> 03:52.840]  The court is set up under a three-month emergency law, which is to be followed by a three-month
[03:52.840 --> 03:53.840]  emergency law.
[03:53.840 --> 04:02.840]  The court is set up under a three-month emergency law, which is to be followed by a three-month
[04:02.840 --> 04:15.840]  emergency law, which is to be followed by a three-month emergency law.
[04:15.840 --> 04:43.840]  All right, bad boys, bad boys, what are you gonna do when we come for you here on the
[04:43.840 --> 04:45.840]  rule of law?
[04:45.840 --> 04:49.880]  Randy Kelton, Eddie Craig, and I'm Deborah Stevens.
[04:49.880 --> 04:55.760]  Tonight is Thursday, September 8th, 2011.
[04:55.760 --> 05:00.160]  We took a break over the weekend, a much-needed break.
[05:00.160 --> 05:05.000]  So we do apologize for any inconvenience, but we do need a day off once in a while around
[05:05.000 --> 05:06.000]  here, too.
[05:06.000 --> 05:11.160]  So in lieu of having a guest tonight, we usually try to have a guest on Thursday nights
[05:11.160 --> 05:13.960]  if we can.
[05:13.960 --> 05:18.160]  Eddie is going to go over some traffic material that he was gonna go over on Monday.
[05:18.160 --> 05:25.280]  So since we didn't have traffic night on Monday, we're gonna have some traffic material tonight,
[05:25.280 --> 05:30.120]  and of course, we'll be taking your calls on other topics as well, because Randy's here,
[05:30.120 --> 05:33.520]  so if you have mortgage questions, you feel free to call in about that, too.
[05:33.520 --> 05:34.520]  So Eddie, go ahead.
[05:34.520 --> 05:36.520]  What do you got for us tonight?
[05:36.520 --> 05:42.280]  Okay, what I'd like to talk about is an event that occurred in the court.
[05:42.280 --> 05:47.040]  Once again, this is dealing with Judge Statman down at the Austin Municipal Court.
[05:47.040 --> 05:52.280]  Now after hearing this, you're going to see exactly why I have made it my mission in life
[05:52.280 --> 05:57.160]  to get this woman not only off the bench, but disbarred.
[05:57.160 --> 06:05.000]  Now what she's written in this, during this court session here, what was transcribed from
[06:05.000 --> 06:13.040]  the recording that was made, is great evidence as to how little these people actually know
[06:13.040 --> 06:18.480]  about the statutes themselves, but it's even more important to understand it proves how
[06:18.480 --> 06:24.720]  little they care about what the law is versus what they want to do.
[06:24.720 --> 06:31.120]  Now this is transcribed directly from a recording of what transpired in the court that day.
[06:31.120 --> 06:35.680]  On the record is calls, number, blah, blah, blah, this case is titled State of Texas versus
[06:35.680 --> 06:37.560]  the individual's name.
[06:37.560 --> 06:44.240]  In this case, multiple motions were submitted in this case file, multiple motions and documents.
[06:44.240 --> 06:49.680]  They are poorly drafted and properly titled and contain arguments without any legal merit.
[06:49.680 --> 06:53.840]  They appear to have come from a group of motions that have been submitted to this court in
[06:53.840 --> 06:55.200]  the past.
[06:55.200 --> 06:59.640]  There appears to be a group of people skating on the very thin ice of practicing law without
[06:59.640 --> 07:01.360]  a license.
[07:01.360 --> 07:05.040]  The assistance provided to you as a defendant is no help at all.
[07:05.040 --> 07:07.760]  I am going to admonish you of this.
[07:07.760 --> 07:14.640]  For Texas rules of criminal procedure section 1.052e, when you sign and submit documents
[07:14.640 --> 07:19.640]  to this court, you represent that one, you have read the documents, and two, to the best
[07:19.640 --> 07:25.840]  of your knowledge, after reasonable inquiry, you are presenting to the court information
[07:25.840 --> 07:31.440]  that is not groundless, not in bad faith, or for purposes of harassment or delay.
[07:31.440 --> 07:37.080]  Following additional junk for lack of a better terminology, motions or pleadings can result
[07:37.080 --> 07:38.920]  in sanctions against you.
[07:38.920 --> 07:44.760]  Again, accepting help from unlicensed so-called assistance can result in things that damage
[07:44.760 --> 07:45.760]  you.
[07:45.760 --> 07:48.800]  It's not their case, it's your case.
[07:48.800 --> 07:55.760]  These motions, with the exception of a general motion for discovery for tangible case, tangible
[07:55.760 --> 08:00.680]  or tangible items, excuse me, are denied.
[08:00.680 --> 08:05.240]  I am entering an order that denies these motions and an order that grants discovery
[08:05.240 --> 08:07.240]  of tangible items.
[08:07.240 --> 08:11.760]  What this means is that all tangible items or exculpatory evidence, also known as Brady
[08:11.760 --> 08:17.240]  evidence that you are entitled to by law and case statute, you will receive if it is in
[08:17.240 --> 08:21.960]  existence and if it is within the care, control, and custody of the state.
[08:21.960 --> 08:26.440]  I can give you, give the state a few minutes to confirm with you that could be off the
[08:26.440 --> 08:28.480]  record about what they have.
[08:28.480 --> 08:31.960]  If you so desire, you can request that they put that in writing and give it to you ten
[08:31.960 --> 08:34.200]  days before any trial date.
[08:34.200 --> 08:37.760]  That is my ruling, should you wish to put an objection to this on the record, I'll give
[08:37.760 --> 08:41.120]  you three minutes to do so beginning now.
[08:41.120 --> 08:48.360]  Now I would like to address these points specifically because this judge is addressing
[08:48.360 --> 08:51.280]  the motions that I wrote.
[08:51.280 --> 08:55.200]  Now one, I know for a fact these motions are not groundless.
[08:55.200 --> 09:00.040]  I know for a fact these motions are based entirely on the statute and the case law associated
[09:00.040 --> 09:05.160]  with that statute, wherein when I actually use case law.
[09:05.160 --> 09:10.560]  Most of the time I don't because the statute in its own language speaks very clearly for
[09:10.560 --> 09:11.560]  itself.
[09:11.560 --> 09:16.720]  In those areas where it's been found to be something other than how it reads, I put
[09:16.720 --> 09:20.280]  in case law to make that point.
[09:20.280 --> 09:25.920]  But this woman is absolutely clueless.
[09:25.920 --> 09:32.040]  Now she is sitting here saying that there is nothing in these motions that have anything
[09:32.040 --> 09:42.440]  to do with the law, yet she has given absolutely no basis for her admonishment on those grounds.
[09:42.440 --> 09:47.680]  And so again, the individual that submitted these motions and got this order issued by
[09:47.680 --> 09:53.200]  her in this court will need to immediately file a findings of fact and conclusions of
[09:53.200 --> 09:57.120]  law regarding every motion that was filed.
[09:57.120 --> 10:01.920]  Now there's been an argument made about capacity.
[10:01.920 --> 10:04.000]  I won't get into the details of that.
[10:04.000 --> 10:08.560]  Needless to say, we're taking a look at that to see whether or not that is something that
[10:08.560 --> 10:12.560]  needs to be fixed and fixing it where and when necessary.
[10:12.560 --> 10:21.800]  But what I wish to address here directly is her attack on the facts stated in these motions.
[10:21.800 --> 10:27.800]  When this judge is making this assertion that none of these things are founded in law, we
[10:27.800 --> 10:33.040]  need to get her to tell us exactly what she's calling law.
[10:33.040 --> 10:40.640]  Either she's saying the statute has no authority, no matter what it says, or she's saying that
[10:40.640 --> 10:48.000]  only the court decisions on the statutes have authority, no matter what the statute says.
[10:48.000 --> 10:53.400]  In either case, she didn't tell the accused which one she was attempting to use.
[10:53.400 --> 10:58.120]  Now, Randy, can you think of another way she could be implying that something has more
[10:58.120 --> 11:03.720]  authority than what we're dealing with here?
[11:03.720 --> 11:06.480]  I have no idea.
[11:06.480 --> 11:19.480]  This kind of blanket denial smacks of outlawry that has the, because you're raising issues
[11:19.480 --> 11:26.760]  that would cause this court to lose revenue, the court has decided that the motions are
[11:26.760 --> 11:37.080]  groundless and it has the effect that without hearing the motion, without ruling on the motion,
[11:37.080 --> 11:42.000]  she just denies you in your right to bring the issue.
[11:42.000 --> 11:50.400]  Well, and Randy, I looked at the order and she isn't coming right out and saying that
[11:50.400 --> 11:54.600]  the motions are groundless in her order.
[11:54.600 --> 12:04.360]  She's not accusing this defendant of willfully or knowingly filing these documents in bad
[12:04.360 --> 12:11.880]  faith or for the purpose of delay or harassment or willfully and knowingly that they are quote
[12:11.880 --> 12:12.880]  unquote groundless.
[12:12.880 --> 12:17.120]  See, that's what the sanction statute has to do with.
[12:17.120 --> 12:20.880]  It doesn't have to do with whether the court thinks they're groundless.
[12:20.880 --> 12:27.840]  It has to do with whether or not they can prove that the defendant thinks that they're
[12:27.840 --> 12:31.720]  groundless and baseless and file them in bad faith.
[12:31.720 --> 12:38.000]  There are no findings of fact and conclusion at law regarding that matter, so this threat
[12:38.000 --> 12:43.240]  of sanctions is meritless on its face.
[12:43.240 --> 12:51.600]  It has merit in as much as it gives grounds for a claim of tampering with a witness and
[12:51.600 --> 12:52.600]  obstruction of justice.
[12:52.600 --> 12:56.520]  Yes, that was going to be the next step, is tampering with a witness and obstruction
[12:56.520 --> 13:02.640]  of justice, absolutely, because this is just sheer intimidation.
[13:02.640 --> 13:09.360]  It's just sheer threats and intimidation because, like I said, there are no findings
[13:09.360 --> 13:15.960]  that, there's no evidence and there are no findings that the defendant filed these motions
[13:15.960 --> 13:17.960]  in bad faith already.
[13:17.960 --> 13:25.400]  See, they have to prove that you've already done it in order to sanction you, and so there's
[13:25.400 --> 13:31.760]  no evidence and there's no findings that these motions were filed in bad faith on the part
[13:31.760 --> 13:34.320]  of the defendant or for the purpose of delay or harassment.
[13:34.320 --> 13:42.680]  She's just saying, if you do this in bad faith or for the purpose of harassment, we can sanction
[13:42.680 --> 13:46.960]  you, so it's just sheer intimidation purposes, so yes, it's absolutely tampering with a
[13:46.960 --> 13:53.520]  witness, so yes, that's next, along with judicial conduct complaints and bar grievances.
[13:53.520 --> 13:58.280]  The other problem is one of these motions is a motion for a fair and impartial trial
[13:58.280 --> 14:00.320]  and she denied it.
[14:00.320 --> 14:01.320]  Exactly.
[14:01.320 --> 14:02.320]  As being frivolous.
[14:02.320 --> 14:03.320]  Exactly.
[14:03.320 --> 14:10.480]  Now, on top of this, not only is she denying a motion for a fair and impartial trial out
[14:10.480 --> 14:19.400]  of hand, but this same judge obviously is clueless about what constitutes a penal offense
[14:19.400 --> 14:22.680]  in Texas regarding the practice of law.
[14:22.680 --> 14:27.560]  Like so many of these idiots that make this accusation and most of them are attorneys just
[14:27.560 --> 14:34.360]  like this judge is that you're practicing law without a license.
[14:34.360 --> 14:40.680]  There's no such charge in Texas, no such charge.
[14:40.680 --> 14:46.720]  The only charges that can be levied against an individual regarding the practice of law
[14:46.720 --> 14:54.160]  is the unauthorized practice of law and holding oneself out to be a lawyer.
[14:54.160 --> 14:55.160]  That's it.
[14:55.160 --> 15:03.040]  Yeah, you can't do that when you're a pro se and you're representing yourself and defending
[15:03.040 --> 15:05.040]  yourself.
[15:05.040 --> 15:07.640]  Exactly.
[15:07.640 --> 15:13.880]  And then it also turns out that this judge is basically telling people that if you attempt
[15:13.880 --> 15:20.040]  to argue the law in this court in your own defense and you file any paperwork for that
[15:20.040 --> 15:26.960]  purpose, then you're practicing law without a license because you're disrupting our ability
[15:26.960 --> 15:35.600]  to railroad you through like a bunch of cattle at market.
[15:35.600 --> 15:39.160]  I agree.
[15:39.160 --> 15:43.000]  If we're going to get these guys, if we're going to take care of this, we really need
[15:43.000 --> 15:47.560]  to take the political tact and the political tact goes to criminal charges against the
[15:47.560 --> 15:49.560]  judge.
[15:49.560 --> 15:54.280]  And we're also going to have to be willing to open up our pocketbooks for the appeals
[15:54.280 --> 15:55.280]  too.
[15:55.280 --> 16:01.200]  And this is one thing I brought up a while back is that I think that perhaps we should
[16:01.200 --> 16:07.560]  look into setting up a fund for people who want to appeal their tickets because they're
[16:07.560 --> 16:13.400]  always going to make you pay double the amount of the ticket in order to appeal.
[16:13.400 --> 16:18.120]  And then they just sit on it forever and we're trying to come up with some creative ways.
[16:18.120 --> 16:21.960]  In fact, I spoke with Harmon about this a few days ago and we have come up with some
[16:21.960 --> 16:27.360]  creative ways, some new ways to try to force the hand of the court, of the county judge,
[16:27.360 --> 16:32.360]  the appellate court to make a ruling on the appeal documents so that they don't just keep
[16:32.360 --> 16:36.720]  your appeal money, your bond money, and never do anything with it.
[16:36.720 --> 16:43.240]  That's why people are loathe to appeal, but we're going to have to start pushing these
[16:43.240 --> 16:46.760]  appeals through if we really want to make a change to the system.
[16:46.760 --> 16:51.280]  So I want to comment on that pool of money for that purpose on the other side.
[16:51.280 --> 16:52.280]  All right, excellent.
[16:52.280 --> 16:53.280]  All right.
[16:53.280 --> 16:54.840]  And folks, have a little patience with me.
[16:54.840 --> 16:58.040]  I don't have a call screener tonight, so I can only screen calls on the breaks.
[16:58.040 --> 16:59.040]  We'll be right back.
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[20:19.000 --> 20:40.000]  Hi, folks, we are back. This is the rule of law, ruleoflawradio.com. If anyone wanted to make a comment about the appeals fun pool that we may try to set up, but before that, I just wanted to reiterate right now, our call screener is out.
[20:40.000 --> 20:53.000]  He's not going to be here tonight or tomorrow night. He has another situation that he must attend to, and so I have to screen the calls while being on the air at the same time, which is a very difficult thing to do, and I just can't do it.
[20:53.000 --> 21:02.000]  I can't participate in the conversation on the air if I'm having to screen calls at the same time, so I'm just not going to do that because it doesn't work.
[21:02.000 --> 21:10.000]  I can only screen calls on the breaks, so folks try to have a little patience with me, and as always, I've tried to mention before, there is a disclaimer on the website.
[21:10.000 --> 21:23.000]  Folks, the 512-646-1984 number is the caller line for people who want to call and talk on the air, who want to ask us a question or make a comment.
[21:23.000 --> 21:30.000]  That is not the office phone number for rule of law radio network. There is no office line for rule of law radio network.
[21:30.000 --> 21:37.000]  It is also not the hotline to Deborah. People can't just call that number and talk to me whenever they want to.
[21:37.000 --> 21:49.000]  I'm producing shows, I'm screening calls, so whether it's this show or any other show, folks, please have some consideration for me, and please don't try to talk to me when I'm screening calls.
[21:49.000 --> 21:55.000]  Please give me a break here. If you need to communicate with me off the air, please send me an email.
[21:55.000 --> 22:03.000]  I just wanted to get that out of the way because there are people that try to talk to me all the time when I'm screening calls, and sometimes I just have to hang up on you.
[22:03.000 --> 22:06.000]  I don't mean to be rude, but I can't do it.
[22:06.000 --> 22:13.000]  Cut me a little slack here since I'm having to do all these things by myself here.
[22:13.000 --> 22:19.000]  Eddie, what was your comment before we go to calls about the appeals pool?
[22:19.000 --> 22:34.000]  Well, the thing about that monetary pool is if we did something like that, the people out there would have to understand there would have to be a certain set of qualifications attached to whether or not you were able to have your appeal set up from that pool.
[22:34.000 --> 22:42.000]  First and foremost, are you somebody that has actually made the effort to learn how to fight this?
[22:42.000 --> 22:53.000]  Why should we put up money for your appeal if you're just going to let it get wasted on the appeal by not making any effort to win the case and to make the record for that purpose and so on and so forth?
[22:53.000 --> 23:04.000]  So if we do get something like this done, be aware it's not going to be a pool that just I wouldn't think we would have just anybody jumping into and asking for money.
[23:04.000 --> 23:17.000]  You're going to have to make the effort to show that you're in this to make a change and that you're willing to do and take the time and effort necessary to do what you can to change it.
[23:17.000 --> 23:31.000]  That means coming to the classes, reading the material, putting in the effort on working on your case and understanding what your arguments are and how to take it to court and stop them from just walking all over you.
[23:31.000 --> 23:49.000]  I wouldn't, I mean, to me, it's just one of those things where if we're going to get everybody to contribute money to do that, then they have to be putting that money up on a good faith basis that the people that use it are using it for the right reasons the right way.
[23:49.000 --> 23:54.000]  And to me, that's going to be one of the things that I see as being necessary.
[23:54.000 --> 24:02.000]  So that's my comment on the fund. If we do that for the purpose of helping people take their case to appeal.
[24:02.000 --> 24:05.000]  Yes, and I would like to comment here.
[24:05.000 --> 24:11.000]  Sometimes doing what we do, it gets frustrating.
[24:11.000 --> 24:23.000]  We have the majority of people that seem to be listening and talk to us, really want to learn this material, really want to empower themselves.
[24:23.000 --> 24:31.000]  We get a number of people who have an issue and the only one is to help us fix it, help them fix the issue.
[24:31.000 --> 24:35.000]  And that's okay. You need to accept that and understand that.
[24:35.000 --> 24:47.000]  But when people come in and get us to work with them, to help them learn the material, when in fact they're not the least bit interested,
[24:47.000 --> 24:56.000]  and then when they get their problem taken care of, they go away, sometimes it gets real disheartening.
[24:56.000 --> 25:03.000]  And I've had to struggle with myself not to get frustrated about that.
[25:03.000 --> 25:13.000]  So if we sound a little frustrated sometimes, bear with us. Sometimes this gets more difficult than others.
[25:13.000 --> 25:16.000]  That's my story and I'm sticking to it.
[25:16.000 --> 25:19.000]  I'll go along with it.
[25:19.000 --> 25:20.000]  All right.
[25:20.000 --> 25:22.000]  Well, do we have any callers up yet?
[25:22.000 --> 25:26.000]  Yeah, we got some callers. We got first up, we got Norman in California.
[25:26.000 --> 25:29.000]  Norman, thank you for calling in. What is your question tonight?
[25:29.000 --> 25:37.000]  Well, I just want to talk and allow y'all to jump in whenever you want and make comments.
[25:37.000 --> 25:46.000]  I called you a few months ago and Debra, you gave me some excellent advice on Rule 16 and Rule 26
[25:46.000 --> 25:52.000]  and the federal rules and fill procedure that I can go into discovery before getting an answer.
[25:52.000 --> 25:54.000]  So I've been doing that.
[25:54.000 --> 26:10.000]  And in the meantime, it seems I'm at war with a federal magistrate who I filed judicial conduct complaint against and criminal complaint for Randy's advice.
[26:10.000 --> 26:14.000]  And I'm thinking that didn't go over real well with him.
[26:14.000 --> 26:17.000]  Did you sign a consent form? Is this a civil case?
[26:17.000 --> 26:18.000]  It's a civil case.
[26:18.000 --> 26:23.000]  Did you sign a consent form consenting to have the matter adjudicated by a magistrate?
[26:23.000 --> 26:25.000]  Wow, you know you're stuck.
[26:25.000 --> 26:27.000]  Yeah, you never want to do that.
[26:27.000 --> 26:34.000]  In fact, when you're involved in a civil case, the first thing, one of the first, in fact, every time I follow a civil lawsuit,
[26:34.000 --> 26:44.000]  the very first document I file after the petition, after the lawsuit, is an objection, standing objection to non-judicial decision making
[26:44.000 --> 26:46.000]  on the part of clerks and magistrates.
[26:46.000 --> 26:52.000]  And I do not agree ever, ever, ever to allow the case to be referred to federal magistrate.
[26:52.000 --> 26:54.000]  And there are many reasons for that.
[26:54.000 --> 26:59.000]  Number one, they're not judges, so they're not that well trained or informed.
[26:59.000 --> 27:01.000]  A lot of times they don't know what they're doing very well.
[27:01.000 --> 27:04.000]  They lack accountability.
[27:04.000 --> 27:12.000]  And also the other main problem with magistrates being on the case is that when they make their so-called recommended findings,
[27:12.000 --> 27:18.000]  which is actually what the judge is going to rule, you only have 10 days to respond.
[27:18.000 --> 27:22.000]  And that is not very much time.
[27:22.000 --> 27:30.000]  And if you don't respond to their recommendations or object to their so-called recommendations within 10 days,
[27:30.000 --> 27:39.000]  that is what, that recommendation is going to stand as the ruling because it will go, at that point, the federal judge will just sign it.
[27:39.000 --> 27:42.000]  And so you never want magistrates on the case.
[27:42.000 --> 27:46.000]  So you have to object to that every time.
[27:46.000 --> 27:49.000]  And they don't like it. The judges don't like it.
[27:49.000 --> 27:56.000]  And I've had discussions with other people before, attorneys who have worked for years, and I have asked Harmon about it, too.
[27:56.000 --> 27:58.000]  What's the deal with these magistrates?
[27:58.000 --> 28:01.000]  They're non-judicial decision-making entities.
[28:01.000 --> 28:05.000]  It's actually against the law for them to even issue rulings and things like that.
[28:05.000 --> 28:14.000]  And the reason that they do that is because the case load in the court system, in the federal court system, is so high.
[28:14.000 --> 28:22.000]  And the government, they don't want to spend the money to hire more judges.
[28:22.000 --> 28:24.000]  Magistrates are cheaper.
[28:24.000 --> 28:26.000]  And so that's why they do that.
[28:26.000 --> 28:32.000]  And so you need to make sure you always keep the magistrates off the case with that standing objection from the beginning.
[28:32.000 --> 28:39.000]  And even if you don't file the standing objections, the judge can't refer the case to a magistrate anyway unless you sign the consent form.
[28:39.000 --> 28:45.000]  Now that you've got a magistrate on the case, it can be a real problem.
[28:45.000 --> 28:50.000]  And I don't know if there's any way to get the magistrate off the case once they're on, because you've already consented.
[28:50.000 --> 28:52.000]  You can't take it back.
[28:52.000 --> 28:58.000]  No, I have not. But let me say, wow, you're the first person I know who understands this stuff.
[28:58.000 --> 29:11.000]  I've briefed out the Federal Magistry Act and every part of it. And, yeah, the key to that act is 28 U.S.C. 636.
[29:11.000 --> 29:17.000]  And then section C2 is really where you go, which talks about referral.
[29:17.000 --> 29:34.000]  The rules of court have to recognize the party's voluntariness to consent to a referral of a magistrate in any proceeding in a civil action.
[29:34.000 --> 29:40.000]  So you're the first person I know that gets that. You were right about everything. And I'll talk on the other side.
[29:40.000 --> 29:42.000]  Okay, Norman, just stay right there.
[29:42.000 --> 29:48.000]  Callers, if you'd like to call in, ask us questions, 512-646-1984.
[29:48.000 --> 29:53.000]  We've got other callers on the line on-screen y'all's calls on the break.
[29:53.000 --> 29:59.000]  Meanwhile, more callers, call in. We'll be right back.
[29:59.000 --> 30:05.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
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[32:11.000 --> 32:13.000]  Okay, folks, we are back.
[32:13.000 --> 32:16.000]  We're talking with Norman from California right now.
[32:16.000 --> 32:18.000]  We're talking about federal magistrates.
[32:18.000 --> 32:23.000]  Yeah, and I'm sorry, Norman. Unfortunately, it's a real problem, these federal magistrates.
[32:23.000 --> 32:28.000]  That's the railroad job that the federal court system has set up.
[32:28.000 --> 32:33.000]  And like I said, the biggest problem that I've run into with these federal magistrates
[32:33.000 --> 32:39.000]  is that what will happen is once the case gets quote-unquote referred to the federal magistrate,
[32:39.000 --> 32:45.000]  they'll issue some recommendations, which for all practical purposes is an order.
[32:45.000 --> 32:50.000]  And you get 10 days to object.
[32:50.000 --> 32:55.000]  And sometimes you have to restate your entire case.
[32:55.000 --> 33:01.000]  Everything you've said in all of your motions and pleadings, you have to say it all again
[33:01.000 --> 33:04.000]  in your objections to the magistrates' recommendations.
[33:04.000 --> 33:06.000]  And that's how they trick you.
[33:06.000 --> 33:10.000]  Because most of the time you don't want to repeat your arguments to the court
[33:10.000 --> 33:17.000]  because that's considered patronizing and redundant and almost could be construed as harassment.
[33:17.000 --> 33:22.000]  But when it comes to the magistrate issue, that's a trap.
[33:22.000 --> 33:28.000]  You sometimes have to restate all of your arguments again in the form of objections
[33:28.000 --> 33:30.000]  to these magistrates' recommendations.
[33:30.000 --> 33:38.000]  Because if you don't, then what will happen is that the judge will sign the order
[33:38.000 --> 33:44.000]  granting all of the magistrates' recommendations out of hand.
[33:44.000 --> 33:50.000]  And you only get 10 days to file your objections to the magistrates' recommendations.
[33:50.000 --> 33:52.000]  So you've got to really watch out for that.
[33:52.000 --> 33:57.000]  And unfortunately, if you've already agreed, you can't really take it back.
[33:57.000 --> 34:03.000]  And so you just got to do the best you can to complete the record
[34:03.000 --> 34:08.000]  at the trial court level, which in federal court's district court level,
[34:08.000 --> 34:12.000]  do the best you can to lay the record or if you have an evidentiary hearing,
[34:12.000 --> 34:16.000]  do everything you can to get everything into evidence that you want to get into evidence,
[34:16.000 --> 34:20.000]  make all your objections, all that sort of thing,
[34:20.000 --> 34:24.000]  and just treat the trial court level as you're just laying the record.
[34:24.000 --> 34:27.000]  Because just assume you're going to have to go to appeal.
[34:27.000 --> 34:30.000]  And this is across the board whether you're dealing with municipal court,
[34:30.000 --> 34:35.000]  federal court, or state court, assume you're going to have to go to appeal
[34:35.000 --> 34:41.000]  and just treat the trial court level as this is just the opportunity to lay the record.
[34:41.000 --> 34:46.000]  And you have to, whether it be objections or evidence or whatever you want to get on the record,
[34:46.000 --> 34:49.000]  you've got to get it in at the trial court level because you can't add anything new
[34:49.000 --> 34:51.000]  once you go to appeal.
[34:51.000 --> 34:53.000]  And so you just have to treat it like that.
[34:53.000 --> 34:56.000]  And unfortunately, that's the way it is with the magistrates.
[34:56.000 --> 35:03.000]  Now, judges are not supposed to even refer cases to magistrates
[35:03.000 --> 35:06.000]  even for pre-trial matters without your consent,
[35:06.000 --> 35:09.000]  but they do all the time anyway, unfortunately.
[35:09.000 --> 35:13.000]  And so it can be a real problem deal with these magistrates,
[35:13.000 --> 35:16.000]  but I don't know what else to tell you, Norman.
[35:16.000 --> 35:19.000]  You just got to navigate it the best you can and just try to lay the record
[35:19.000 --> 35:22.000]  and go for your appeal.
[35:22.000 --> 35:29.000]  Right about everything, I need to straighten a few things out here.
[35:29.000 --> 35:34.000]  They never, from the first said, I do not consent to a magistrate, okay?
[35:34.000 --> 35:36.000]  So that was off.
[35:36.000 --> 35:43.000]  Also, in the district court I'm in, the local rules say it's automatic
[35:43.000 --> 35:48.000]  that they just assign a judge and a magistrate to the case.
[35:48.000 --> 35:53.000]  So the federal civil procedure don't even matter to them.
[35:53.000 --> 35:58.000]  But right off the top, and I've repeated this consistently to them,
[35:58.000 --> 36:05.000]  I do not consent, they set up an ex parte hearing without scheduling it with me.
[36:05.000 --> 36:09.000]  They had the hearing, everything's based on that.
[36:09.000 --> 36:14.000]  And now I've just received, on the same day,
[36:14.000 --> 36:18.000]  a notification that a district judge was assigned in my case.
[36:18.000 --> 36:21.000]  I've been bugging them for six months on that.
[36:21.000 --> 36:26.000]  In the same notification that he's retired and is replaced with his other district judge.
[36:26.000 --> 36:35.000]  And then in a separate notification, this magistrate sends me a vile ruling order
[36:35.000 --> 36:40.000]  denying me everything, telling me that my motions,
[36:40.000 --> 36:45.000]  which are exquisitely drafted, that I didn't make a good faith effort
[36:45.000 --> 36:49.000]  to comply with the local rules, which I cite repeatedly,
[36:49.000 --> 36:58.000]  and that he's telling the courtroom deputy not to accept any more motions from me.
[36:58.000 --> 37:06.000]  I'm, yeah, and that he's recommending dismissal in my case before anything's been heard.
[37:06.000 --> 37:10.000]  By the way, Randy, I read Iqbal and Tuamli in the last few days,
[37:10.000 --> 37:15.000]  and those are really right on point when it comes to sufficiency of the pleading.
[37:15.000 --> 37:20.000]  I love those two cases, and they're basically identical.
[37:20.000 --> 37:27.000]  So what I'm doing now is a request for reconsideration on the local rules.
[37:27.000 --> 37:34.000]  It's real short, and I'm telling them I'm going to file a memorandum in support in the near future
[37:34.000 --> 37:43.000]  to just attack every piece of nonsense in this magistrate's order ruling, what have you.
[37:43.000 --> 37:48.000]  So that's where I stand, and if you've got any suggestions on that,
[37:48.000 --> 37:56.000]  I'm thinking of refiling a criminal complaint of withdrawal of the magistrate,
[37:56.000 --> 38:01.000]  tampering with a witness, because I did file a criminal complaint against him.
[38:01.000 --> 38:04.000]  Where did you file the criminal complaint?
[38:04.000 --> 38:05.000]  When?
[38:05.000 --> 38:06.000]  Where?
[38:06.000 --> 38:09.000]  Where with the state or federal.
[38:09.000 --> 38:13.000]  With the district judge who was assigned, apparently.
[38:13.000 --> 38:14.000]  I thought he was assigned.
[38:14.000 --> 38:16.000]  Okay, wait a minute.
[38:16.000 --> 38:20.000]  If the district judge committed a common law crime in the courthouse,
[38:20.000 --> 38:26.000]  and the courthouse has not been ceded to the federal government, that's a state crime.
[38:26.000 --> 38:28.000]  Not a federal crime.
[38:28.000 --> 38:32.000]  If the district judge would have no subject matter jurisdiction, he could take the complaint,
[38:32.000 --> 38:37.000]  which he'd have a duty to forward it to the proper jurisdiction, which would be...
[38:37.000 --> 38:38.000]  I need to correct something.
[38:38.000 --> 38:43.000]  I filed the criminal complaint with the U.S. attorney, who I'm facing,
[38:43.000 --> 38:46.000]  and then went against the U.S. attorney with the district judge.
[38:46.000 --> 38:48.000]  So that's where that stands, and nothing happened.
[38:48.000 --> 38:51.000]  Okay, with the district judge in the federal court?
[38:51.000 --> 38:52.000]  Yeah.
[38:52.000 --> 38:58.000]  I filed it in the state court, the district judge doesn't...the district court...feteral court doesn't have
[38:58.000 --> 39:05.000]  subject matter jurisdiction over criminal violations of state law.
[39:05.000 --> 39:12.000]  I charged the magistrate with the non-consensual stuff that he scheduled the next party
[39:12.000 --> 39:14.000]  when he didn't have jurisdiction.
[39:14.000 --> 39:19.000]  In this case, in this case, when you charge him, if you charge him with, like,
[39:19.000 --> 39:23.000]  construction of justice, champion of the witness,
[39:23.000 --> 39:26.000]  charge him in the state court.
[39:26.000 --> 39:27.000]  Oh, okay.
[39:27.000 --> 39:28.000]  That would be with the...
[39:28.000 --> 39:31.000]  That's a state crime.
[39:31.000 --> 39:33.000]  That would be with the DA?
[39:33.000 --> 39:34.000]  Yeah.
[39:34.000 --> 39:35.000]  Okay.
[39:35.000 --> 39:38.000]  Is your jurisdiction prison site a good one to go for that?
[39:38.000 --> 39:40.000]  Yes, go to that one, yeah.
[39:40.000 --> 39:41.000]  Okay.
[39:41.000 --> 39:47.000]  And that will make him really unhappy, because the place to go after the Fed is in the state,
[39:47.000 --> 39:55.000]  and if you have a local prosecutor who's facing election in this term coming up,
[39:55.000 --> 40:02.000]  right now going in there, I just heard on NPR today that the legislator,
[40:02.000 --> 40:09.000]  that the Congress has an approval rating of 18%.
[40:09.000 --> 40:12.000]  That is extremely low.
[40:12.000 --> 40:18.000]  And they all understand when the voter is peyote,
[40:18.000 --> 40:24.000]  he may not know who to vote for, but he knows who to vote against.
[40:24.000 --> 40:30.000]  And that's the incumbent, and every incumbent knows they're going into this next election
[40:30.000 --> 40:34.000]  with a large problem.
[40:34.000 --> 40:41.000]  And if you have a prosecutor who, like here we have a first term prosecutor,
[40:41.000 --> 40:48.000]  she's got a problem, and if you can create some politics,
[40:48.000 --> 40:52.000]  when you file criminal charges against these corrupt judges,
[40:52.000 --> 40:57.000]  and then the prosecutor refuses to act, that's going to create cannon fodder
[40:57.000 --> 41:02.000]  for whoever's running against this prosecutor to get him out of office,
[41:02.000 --> 41:04.000]  and they're going to know that.
[41:04.000 --> 41:07.000]  In the end, everything is political.
[41:07.000 --> 41:11.000]  That's the way to create your politics in your favor.
[41:11.000 --> 41:14.000]  I can't claim to have any knowledge of the local politics,
[41:14.000 --> 41:17.000]  because I live hours away from that courthouse.
[41:17.000 --> 41:20.000]  Okay, no, no, no, you don't need local politics.
[41:20.000 --> 41:24.000]  You're creating the politics.
[41:24.000 --> 41:27.000]  This is all pretty standard.
[41:27.000 --> 41:31.000]  The higher up you are in any organization,
[41:31.000 --> 41:37.000]  the more people you have below you vying for your position.
[41:37.000 --> 41:40.000]  This is always the case.
[41:40.000 --> 41:46.000]  So when you start filing these criminal charges against the judge with a district attorney,
[41:46.000 --> 41:54.000]  the judge is not going to be so concerned that you're going to cause him a problem.
[41:54.000 --> 42:00.000]  The judge is going to be concerned that somebody else is going to use your complaints to cause him a problem.
[42:00.000 --> 42:02.000]  Okay.
[42:02.000 --> 42:04.000]  So you create the local politics.
[42:04.000 --> 42:09.000]  You give the local politicians something to use against one another.
[42:09.000 --> 42:16.000]  This is precisely how I got all the highest judges in Texas put before a grand jury.
[42:16.000 --> 42:18.000]  It wasn't me.
[42:18.000 --> 42:24.000]  It was Ron Earl, 25-year district attorney not running for office again.
[42:24.000 --> 42:25.000]  He's a Democrat.
[42:25.000 --> 42:28.000]  They're all Republicans.
[42:28.000 --> 42:31.000]  So he sent my complaints to the grand jury.
[42:31.000 --> 42:34.000]  He tried to take them out with me.
[42:34.000 --> 42:37.000]  This is how you create politics.
[42:37.000 --> 42:40.000]  This is how you create influence.
[42:40.000 --> 42:44.000]  So don't worry about whether or not they act on the complaints,
[42:44.000 --> 42:48.000]  because then you start running the routine on the prosecutor.
[42:48.000 --> 42:52.000]  So now you're going after the prosecutor because he wouldn't do his job.
[42:52.000 --> 42:58.000]  We do that with a district judge and when the district judge doesn't have to go after the district judge for not doing his job,
[42:58.000 --> 43:01.000]  then all of a sudden they have everybody down here saying,
[43:01.000 --> 43:05.000]  hey man, do something to get this guy off our behinds.
[43:05.000 --> 43:12.000]  And in the meantime, Norman, just lay the record because no matter what happens,
[43:12.000 --> 43:15.000]  remember, just assume you're going to have to go to appeal.
[43:15.000 --> 43:18.000]  Always, always happens every time.
[43:18.000 --> 43:20.000]  It would appear that way.
[43:20.000 --> 43:22.000]  That's the main point.
[43:22.000 --> 43:27.000]  I mean, Randy's right with the tar baby thing and everything to create these politics.
[43:27.000 --> 43:32.000]  But in the end, when it comes to your case, just remember you're going to have to appeal.
[43:32.000 --> 43:34.000]  So just make sure you get that record laid.
[43:34.000 --> 43:35.000]  Okay, Norman?
[43:35.000 --> 43:36.000]  Thank you.
[43:36.000 --> 43:37.000]  All right, great.
[43:37.000 --> 43:43.000]  All right, when we get back on the other side, we've got Casey in Texas and then Terry in Illinois.
[43:43.000 --> 43:45.000]  We'll be taking your calls on the other side.
[43:45.000 --> 43:46.000]  This is the rule of law.
[43:46.000 --> 43:52.000]  Randy Kelton, Eddie Craig, Deborah Stevens, you can call in 512-646-1984.
[43:52.000 --> 43:53.000]  We will be right back.
[44:01.000 --> 44:03.000]  The Oakland City bombing.
[44:03.000 --> 44:05.000]  Top 10 reasons to question the official story.
[44:05.000 --> 44:09.000]  Reason number two, why was the ATF AWOL?
[44:09.000 --> 44:20.000]  Paramedic Tiffany Bible, who's on the scene within five minutes, has stated in an affidavit that agents of the Bureau of Alcohol, Tobacco and Firearms told her that they were not in their office that morning.
[44:20.000 --> 44:27.000]  EMT Catherine Mallant also overheard one agent say to another, close, is that why we got the page to not come in today, end quote.
[44:27.000 --> 44:34.000]  Bruce Shaw, as interviewed on KFL or TV, was also told by ATF agents that they had been paid to not come into work.
[44:34.000 --> 44:45.000]  The ATF initially denied these claims, and now variously claim that one of their agents was in a free falling elevator which has been disproven, or that they had been in an all night stick out, or that they had been at a golf tournament.
[44:45.000 --> 44:55.000]  As they try to sort out their lies, all we want to know is, did the ATF receive a warning, and if so, why did they not pass it on to others in the mobile world?
[44:55.000 --> 44:59.000]  For more information, go to OKCFondlyTruth.com.
[44:59.000 --> 45:09.000]  At hempusa.org, we offer chemical free products to people around the world detoxifying, self healing while rebuilding the immune system.
[45:09.000 --> 45:15.000]  We urge our listeners to please consider our largest selling product, micro plant powder.
[45:15.000 --> 45:23.000]  Our micro plant powder is rich in silica and probiotics to help rebuild the immune system and to create a healthy stomach flora.
[45:23.000 --> 45:28.000]  Micro plant powder is excellent for daily intake and is perfect to add to your storage shelter.
[45:28.000 --> 45:32.000]  We urge our listeners to please visit us at hempusa.org.
[45:32.000 --> 45:36.000]  And remember, all of our products are chemical free and healthy to eat.
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[45:54.000 --> 45:59.000]  See what our powder, seeds and oil can do for you at hempusa.org.
[46:24.000 --> 46:29.000]  Thank you for watching this video.
[46:54.000 --> 47:20.000]  Okay folks, we are back. We are taking your calls, 512-646-1984.
[47:20.000 --> 47:28.000]  We are going now to Casey in Texas. Casey, thanks for calling in. What is your question for us tonight?
[47:28.000 --> 47:41.000]  Well, I just wanted to let you guys know, I haven't talked to you for a while, and last talking to you, I have actually won my case in San Angelo last time I talked to you.
[47:41.000 --> 47:55.000]  And since then, I have won three cases in traffic court, basically by getting them dismissed. And all I had to do for all three cases, all I've done, all the paperwork I've actually had to file was this bargery.
[47:55.000 --> 48:01.000]  So, you know, it's not that complicated when you really, you know, get into it.
[48:01.000 --> 48:04.000]  But tonight, I want to talk about my brother.
[48:04.000 --> 48:06.000]  Wait a minute, wait a minute.
[48:06.000 --> 48:07.000]  Okay.
[48:07.000 --> 48:09.000]  Did you say six bar grievances?
[48:09.000 --> 48:13.000]  Yep, you made my day.
[48:13.000 --> 48:18.000]  I was a assistant county attorney that wouldn't play ball with me, and I had to show her who's boss.
[48:18.000 --> 48:24.000]  And the rest of them, I just let them know what I was going to do if they didn't dismiss my case.
[48:24.000 --> 48:31.000]  And, you know, lo and behold, I get a call saying, saying, case is dismissed.
[48:31.000 --> 48:35.000]  So, that's a win in my opinion.
[48:35.000 --> 48:39.000]  It sounds like they would say an uncle.
[48:39.000 --> 48:41.000]  I've got the...
[48:41.000 --> 48:46.000]  My brother was raided by the Burnett County Sheriff's Office yesterday.
[48:46.000 --> 48:51.000]  Now, I've got a specific question to ask you, but I'm going to give you a little setup here first.
[48:51.000 --> 49:02.000]  They came in the day before yesterday to their property inquiring about a truck that was used in a burglary or whatnot.
[49:02.000 --> 49:05.000]  And they actually entered the premises.
[49:05.000 --> 49:07.000]  The gate was locked.
[49:07.000 --> 49:12.000]  They went to the adjacent property, found a break in the fence, and came through.
[49:12.000 --> 49:14.000]  So, they came up to them.
[49:14.000 --> 49:15.000]  They had handcuffed them.
[49:15.000 --> 49:19.000]  They were asking them all kinds of questions, and then they left.
[49:19.000 --> 49:27.000]  That evening, they got pulled over by the same... two of the same three cops that came in the first time.
[49:27.000 --> 49:29.000]  They were handcuffed for an hour.
[49:29.000 --> 49:34.000]  Car searched. They were on the side of the road for about two hours, an hour handcuffed.
[49:34.000 --> 49:38.000]  They were let go, went home.
[49:38.000 --> 49:47.000]  The next day, which was yesterday, Burnett County Sheriff showed up at their house with seven or eight people,
[49:47.000 --> 49:51.000]  busted all four of their doors in because they weren't home at the time.
[49:51.000 --> 49:58.000]  They walked up right afterwards and were presented a search warrant for their property.
[49:58.000 --> 50:02.000]  Now, they tore their house apart for about two hours.
[50:02.000 --> 50:11.000]  The search warrant was for marijuana, and they didn't find anything.
[50:11.000 --> 50:21.000]  So, they left, and tomorrow we're planning on going and filing criminal complaints.
[50:21.000 --> 50:23.000]  They were in handcuffs.
[50:23.000 --> 50:25.000]  They had machine guns.
[50:25.000 --> 50:26.000]  It was crazy.
[50:26.000 --> 50:28.000]  Tomorrow, we're going down.
[50:28.000 --> 50:30.000]  We're filing criminal complaints.
[50:30.000 --> 50:37.000]  And my question is, we want to get the copy of the affidavit attached to that search warrant.
[50:37.000 --> 50:43.000]  So, how do we go about that?
[50:43.000 --> 50:47.000]  Hello?
[50:47.000 --> 50:49.000]  I'm waiting to see if Randy's going to respond to that.
[50:49.000 --> 50:52.000]  Somebody muted my mic again.
[50:52.000 --> 50:55.000]  He's talking to themselves is what it is.
[50:55.000 --> 50:56.000]  Okay.
[50:56.000 --> 50:59.000]  A 15-16 code criminal procedure.
[50:59.000 --> 51:00.000]  Okay.
[51:00.000 --> 51:07.000]  It directs the magistrate who issued the warrant immediately after execution to make the warrant
[51:07.000 --> 51:12.000]  available for inspection by all interested parties.
[51:12.000 --> 51:13.000]  Okay.
[51:13.000 --> 51:18.000]  So, you need to find out what magistrate issued the warrant.
[51:18.000 --> 51:19.000]  Okay.
[51:19.000 --> 51:24.000]  And when I do this, get out 15-16 and read it.
[51:24.000 --> 51:25.000]  Okay.
[51:25.000 --> 51:30.000]  And when I don't want to have a fight, what I do is I call them up, tell them who I am,
[51:30.000 --> 51:36.000]  and I understand that there has been a warrant issued and that warrant was executed.
[51:36.000 --> 51:44.000]  And I want to see a copy of the warrant and all associated documents as is directed by
[51:44.000 --> 51:48.000]  article 15.16 code criminal procedure.
[51:48.000 --> 51:49.000]  Okay.
[51:49.000 --> 51:51.000]  And they say, what?
[51:51.000 --> 51:54.000]  Yeah, 15.16, go be that.
[51:54.000 --> 51:59.000]  I want to see it in accordance with what that requires.
[51:59.000 --> 52:06.000]  And then they wind up going and reading the code and you tend not to have arguments.
[52:06.000 --> 52:07.000]  Yeah.
[52:07.000 --> 52:13.000]  And you don't want to bring the magistrate into the fight yet, if you can avoid it, by
[52:13.000 --> 52:18.000]  having the magistrates clerk do something ignorant and start another fight.
[52:18.000 --> 52:20.000]  You've got enough fights already.
[52:20.000 --> 52:27.000]  So when I go in and tell them that I want to see something under a certain code, I seldom
[52:27.000 --> 52:29.000]  get much difficulty.
[52:29.000 --> 52:31.000]  So that's what I would suggest.
[52:31.000 --> 52:32.000]  Look up 15-16.
[52:32.000 --> 52:37.000]  So if the warrant's been issued, it's got to be available.
[52:37.000 --> 52:41.000]  We direct that inquiry directly to the magistrate's office?
[52:41.000 --> 52:42.000]  Yes.
[52:42.000 --> 52:43.000]  Okay.
[52:43.000 --> 52:46.000]  And okay, keep this in mind.
[52:46.000 --> 52:51.000]  Most likely, if they don't want you to see it, they will tell you that you have to give
[52:51.000 --> 52:56.000]  them a written request under Rule 12 under the Rules Court.
[52:56.000 --> 52:57.000]  Okay.
[52:57.000 --> 53:03.000]  And you might want to look up 27.004 government code.
[53:03.000 --> 53:04.000]  Okay.
[53:04.000 --> 53:12.000]  Special statute, it references justices of the peace in municipal courts specifically,
[53:12.000 --> 53:22.000]  in that any statute referencing a justice of the peace also includes a municipal court.
[53:22.000 --> 53:23.000]  Okay.
[53:23.000 --> 53:24.000]  This is the third one.
[53:24.000 --> 53:25.000]  Wait a minute.
[53:25.000 --> 53:34.000]  27.004 government code says the justice court must make all records maintained by the court
[53:34.000 --> 53:38.000]  open for public inspection by all interest parties at all reasonable times.
[53:38.000 --> 53:46.000]  And that's a special statute that causes Rule 12 not to apply.
[53:46.000 --> 53:52.000]  So if you go to a county court or district court, they can make that request.
[53:52.000 --> 53:54.000]  They normally don't, but they can't.
[53:54.000 --> 53:55.000]  Right.
[53:55.000 --> 53:57.000]  But the magistrate court cannot.
[53:57.000 --> 54:00.000]  And this I've had to use a number of times.
[54:00.000 --> 54:01.000]  Okay.
[54:01.000 --> 54:02.000]  Go ahead.
[54:02.000 --> 54:03.000]  Okay.
[54:03.000 --> 54:08.000]  I understand.
[54:08.000 --> 54:09.000]  Let's see.
[54:09.000 --> 54:12.000]  Yeah, I believe the warrant was out of the district court.
[54:12.000 --> 54:15.000]  It may even be the district judge that signed it.
[54:15.000 --> 54:18.000]  I guess that probably doesn't happen real often, but...
[54:18.000 --> 54:20.000]  That's perfect.
[54:20.000 --> 54:21.000]  Yeah.
[54:21.000 --> 54:22.000]  Yeah.
[54:22.000 --> 54:29.000]  Well, when we file the criminal complaint tomorrow, we're going to direct, I guess we're
[54:29.000 --> 54:34.000]  going to direct the felonies to the district attorney and the misdemeanors to the...
[54:34.000 --> 54:36.000]  No, no, no, no, no.
[54:36.000 --> 54:37.000]  No.
[54:37.000 --> 54:45.000]  In the matter of a complaint against the public official, read article 2.03.
[54:45.000 --> 54:46.000]  Okay.
[54:46.000 --> 54:49.000]  Another special statute.
[54:49.000 --> 54:52.000]  Article 2.01, duties of officers.
[54:52.000 --> 54:59.000]  First one says, shall be the primary duty of the prosecutor attorney, not to secure a conviction,
[54:59.000 --> 55:02.000]  but to ensure that justice is served.
[55:02.000 --> 55:08.000]  Well, you know, I'd have some high-minded rhetoric, but it really doesn't direct him to do anything
[55:08.000 --> 55:09.000]  in particular.
[55:09.000 --> 55:10.000]  Right.
[55:10.000 --> 55:17.000]  Article 2.02 tells the prosecutors what cases they will prosecute.
[55:17.000 --> 55:26.000]  Article 2.03, very first statute that gives a specific directive to the district attorney,
[55:26.000 --> 55:28.000]  or to a prosecuting attorney.
[55:28.000 --> 55:29.000]  It doesn't say district.
[55:29.000 --> 55:33.000]  It says, prosecuting attorney.
[55:33.000 --> 55:35.000]  That anytime a prosecutor...
[55:35.000 --> 55:38.000]  I'm paraphrasing you, it's kind of long and a little bit convoluted.
[55:38.000 --> 55:39.000]  Right.
[55:39.000 --> 55:49.000]  Anytime a prosecuting attorney is made known in any manner that a public official has violated a law relating to his office.
[55:49.000 --> 55:54.000]  He shall reduce sprinkling information submitted to the grand jury.
[55:54.000 --> 55:55.000]  Right.
[55:55.000 --> 56:05.000]  Article 204.205 tells prosecutors what they're due to do with complaints against everybody else.
[56:05.000 --> 56:06.000]  Right.
[56:06.000 --> 56:09.000]  Article 203 is a special statute.
[56:09.000 --> 56:19.000]  The prosecutor has absolutely zero discretion, but they exercise that discretion all the time.
[56:19.000 --> 56:24.000]  And that's what gives you the way to go after the prosecutor.
[56:24.000 --> 56:25.000]  Right.
[56:25.000 --> 56:26.000]  And that's what we want.
[56:26.000 --> 56:29.000]  We want to go through the prosecutor to the district judge.
[56:29.000 --> 56:32.000]  So here's what I'm going to suggest.
[56:32.000 --> 56:40.000]  If it is, if the district judge is the magistrate, then the district clerk will have these records.
[56:40.000 --> 56:44.000]  And I suggest you go to security first.
[56:44.000 --> 56:45.000]  Okay.
[56:45.000 --> 56:54.000]  Because if these guys want to try to jerk you around, the first thing the clerk's going to do is call security.
[56:54.000 --> 56:55.000]  Right.
[56:55.000 --> 57:01.000]  So anytime you think they might do that, I suggest you go to security first.
[57:01.000 --> 57:02.000]  Okay.
[57:02.000 --> 57:07.000]  And you tell security, I'm going to go to the clerk, and I'm going to ask for some information
[57:07.000 --> 57:12.000]  that she probably very seldom gets asked for.
[57:12.000 --> 57:13.000]  Right.
[57:13.000 --> 57:19.000]  And she's likely not to know, to not know what to do.
[57:19.000 --> 57:25.000]  And she's likely to tell me to do something that she's not authorized to tell me.
[57:25.000 --> 57:26.000]  Right.
[57:26.000 --> 57:32.000]  And when she does do that, I'm going to want you to be there so you will witness the infraction.
[57:32.000 --> 57:37.000]  And then I'm going to want you to take a complaint against the clerk, but don't get excited.
[57:37.000 --> 57:45.000]  I really just want you there and to do this so that I can memorialize the incident in official
[57:45.000 --> 57:46.000]  government documentation.
[57:46.000 --> 57:47.000]  Right.
[57:47.000 --> 57:50.000]  So we should bring a criminal complaint with us.
[57:50.000 --> 57:51.000]  Yes.
[57:51.000 --> 57:57.120]  If you're already made out and fill in the blanks to fill in the blank, the name of whoever
[57:57.120 --> 57:59.000]  the individual was.
[57:59.000 --> 58:00.000]  Okay.
[58:00.000 --> 58:01.000]  And you can take the document out.
[58:01.000 --> 58:05.000]  And I can tell you from experience, this is very, very powerful.
[58:05.000 --> 58:10.000]  But you've got the complaint already made and you just ask them for their names so you can
[58:10.000 --> 58:11.000]  fill it in.
[58:11.000 --> 58:17.000]  All of a sudden you get their attention and you stop having so much problem.
[58:17.000 --> 58:26.000]  And now if the bailiff makes any kind of trade against you down 9-1-1, that's what we saw
[58:26.000 --> 58:28.000]  to come and arrest the bailiff.
[58:28.000 --> 58:31.000]  And then they tend to start getting really careful.
[58:31.000 --> 58:32.000]  And that's what you want.
[58:32.000 --> 58:33.000]  You want them to be careful.
[58:33.000 --> 58:35.000]  You don't want them to do anything stupid.
[58:35.000 --> 58:37.000]  So you don't have extra fights.
[58:37.000 --> 58:39.000]  This is going to kill every student.
[58:39.000 --> 58:40.000]  Eddie Craig.
[58:40.000 --> 58:41.000]  We have a lot of radio.
[58:41.000 --> 58:42.000]  We're about to go to break.
[58:42.000 --> 58:44.000]  We're talking to Casey.
[58:44.000 --> 58:46.000]  We have a number of calls on.
[58:46.000 --> 58:50.000]  Casey, we'll finish up with you on the other side and get to some other callers.
[58:50.000 --> 58:55.000]  Our call-in number is 512-646-1984.
[58:55.000 --> 59:00.000]  We'll be right back.
[59:00.000 --> 59:04.000]  The Bible remains the most popular book in the world.
[59:04.000 --> 59:08.000]  Yet countless readers are frustrated because they struggle to understand it.
[59:08.000 --> 59:12.000]  Some new translations try to help by simplifying the text.
[59:12.000 --> 59:17.000]  And the process can compromise the profound meaning of the Scripture.
[59:17.000 --> 59:19.000]  Enter the recovery version.
[59:19.000 --> 59:23.000]  First, this new translation is extremely faithful and accurate.
[59:23.000 --> 59:28.000]  But the real story is the more than 9,000 explanatory footnotes.
[59:28.000 --> 59:32.000]  Difficult and profound passages are opened up in a marvelous way,
[59:32.000 --> 59:38.000]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
[59:38.000 --> 59:43.000]  The Bible for America would like to give you a free recovery version simply for the asking.
[59:43.000 --> 59:54.000]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:54.000 --> 59:58.000]  or by ordering online at freestudybible.com.
[59:58.000 --> 01:00:01.000]  That's freestudybible.com.
[01:00:01.000 --> 01:00:05.000]  This news brief brought to you by the International News Network.
[01:00:05.000 --> 01:00:09.000]  The audio message Thursday deposed Libyan ruler, Mamar Gaddafi,
[01:00:09.000 --> 01:00:14.000]  encouraged Libyans to take up arms and accused the National Transitional Council,
[01:00:14.000 --> 01:00:18.000]  currently running the country, of being a front for Western powers.
[01:00:18.000 --> 01:00:23.000]  On Wednesday, Libyan fighters claimed to have surrounded Gaddafi within a 40-mile radius.
[01:00:23.000 --> 01:00:28.000]  However, Anis Sharif, a spokesman for Tripoli's new military council,
[01:00:28.000 --> 01:00:32.000]  would not say where exactly Gaddafi had been found.
[01:00:32.000 --> 01:00:37.000]  The American Civil Liberties Union filed suit against the state of Florida Tuesday
[01:00:37.000 --> 01:00:41.000]  over a law requiring all welfare recipients to be screened for drugs.
[01:00:41.000 --> 01:00:47.000]  The federal class action lawsuit alleges that the law violates the Fourth Amendment's prohibition
[01:00:47.000 --> 01:00:49.000]  against unreasonable search.
[01:00:49.000 --> 01:00:55.000]  The ACLU has asked for an injunction to halt all drug screenings immediately.
[01:00:55.000 --> 01:00:58.000]  Ten years after the Twin Towers fell,
[01:00:58.000 --> 01:01:04.000]  the vast majority of the 9-11 Commission's investigative records remain sealed at the National Archives,
[01:01:04.000 --> 01:01:09.000]  even though the Commission directed the archives to make most of the material public in 2009.
[01:01:09.000 --> 01:01:16.000]  Commission items still not public include a 2004 interview with President Bush and Vice President Cheney.
[01:01:16.000 --> 01:01:21.000]  The only time the two were formally questioned about events surrounding 9-11.
[01:01:21.000 --> 01:01:26.000]  A new ACLU report documents the erosion of civil liberties.
[01:01:26.000 --> 01:01:34.000]  In the U.S. 10 years after 9-11, the report takes on the legacy of the Bush Administration's policy of torturing terror suspects,
[01:01:34.000 --> 01:01:42.000]  warning that President Obama's refusal to prosecute Bush-era officials has left the door open to future abuses.
[01:01:42.000 --> 01:01:46.000]  While torture and extraordinary rendition are no longer condoned,
[01:01:46.000 --> 01:01:50.000]  many of Bush's policies remain intact under the Obama Administration,
[01:01:50.000 --> 01:01:53.000]  including indefinite detention of terror suspects.
[01:01:53.000 --> 01:01:59.000]  The report says that profiling based on race and religion, particularly toward American Muslims,
[01:01:59.000 --> 01:02:01.000]  has become commonplace nationwide.
[01:02:01.000 --> 01:02:07.000]  It also details the many ways the government now spies on Americans without any suspicion of wrongdoing,
[01:02:07.000 --> 01:02:11.000]  from warrantless wiretapping to cell phone location tracking.
[01:02:11.000 --> 01:02:17.000]  The report says that political leaders who have lauded themselves as courageous warriors against terrorism
[01:02:17.000 --> 01:02:24.000]  have relied on fear-mongering to vest the government with ever more power and citizens with ever fewer rights.
[01:02:24.000 --> 01:02:32.000]  A three-year investigation into the death of an Iraqi civilian in British Army custody concluded this week
[01:02:32.000 --> 01:02:39.000]  that Baha Musa died after suffering a quote appalling episode of serious gratuitous violence.
[01:02:39.000 --> 01:02:47.000]  Musa died after being detained by the British in Basra in 2003 after suffering 93 individual wounds to his body.
[01:02:47.000 --> 01:02:54.000]  The inquiry found the 26-year-old was repeatedly kicked and punched over a 36-hour period
[01:02:54.000 --> 01:03:10.000]  while being held in a squalid detention block on a British military base in the southern Iraqi city.
[01:03:25.000 --> 01:03:52.000]  Music
[01:04:22.000 --> 01:04:28.260]  Okay folks, we are back. We're taking your phone calls. We were just talking on the break
[01:04:28.260 --> 01:04:35.280]  a little bit about Ron Paul getting assaulted last night at the debate by Rick Perry. Rick
[01:04:35.280 --> 01:04:40.000]  Perry manhandled him and grabbed his arm and was shaking his finger at him and glaring at
[01:04:40.000 --> 01:04:45.360]  him. And we were just talking about the assault and Eddie was commenting that assaulting a
[01:04:45.360 --> 01:04:52.240]  presidential candidate is a federal felony. And so any of us could file a criminal complaint
[01:04:52.240 --> 01:04:57.040]  on the matter. But yeah, there would need to be a competent fact witness that actually witnessed
[01:04:57.040 --> 01:05:02.880]  the event in order for there to be any any prosecution that would hold water. So anybody
[01:05:02.880 --> 01:05:10.080]  out there that's listening that actually witnessed this that was there at the debate, call on in
[01:05:10.080 --> 01:05:17.040]  512-646-1984. Let's get some felony federal charges filed against Rick Perry for assaulting
[01:05:17.040 --> 01:05:26.240]  Ron Paul. My goodness. Yes. And in the end, everything is political anyway. That would
[01:05:26.240 --> 01:05:33.200]  probably be a really good maneuver because it would give Ron this would become a football
[01:05:33.200 --> 01:05:41.360]  and would give Ron Paul opportunity to be the dignified statements and demure to the charges
[01:05:42.160 --> 01:05:50.080]  and say, uh, you know, that's okay. This should go away. I'm really above that kind of crapola.
[01:05:50.080 --> 01:05:53.760]  Yeah. Well, he obviously is because he didn't mention anything about it when they went back
[01:05:53.760 --> 01:05:58.640]  on the air after the fact. He could have easily said something in on one of his answers like,
[01:05:58.640 --> 01:06:02.240]  well, you know, Rick, when you grabbed me on the break, blah, blah, blah, but he didn't do anything
[01:06:02.240 --> 01:06:07.520]  like that. He's so dignified. Well, that way, if somebody else brought it up, then he'd have
[01:06:07.520 --> 01:06:12.240]  the given opportunity to wave it before the public and he'd get opportunity to do that in
[01:06:12.240 --> 01:06:17.760]  public. Yeah, absolutely. Okay. All right. So call in if you witness the event.
[01:06:19.120 --> 01:06:26.000]  If you are actually at the debate, but very interesting turn of events, so to speak,
[01:06:26.000 --> 01:06:33.440]  the governor of Texas assaulting Ron Paul. My goodness. These people are scared of him.
[01:06:33.440 --> 01:06:38.080]  They won't, they'll stop at nothing. All right. We're going now to Terry in Illinois.
[01:06:38.720 --> 01:06:42.080]  Terry, thank you for calling in. What is your question for us tonight?
[01:06:43.280 --> 01:06:51.600]  Okay. Um, back two years ago, I found bankruptcy. It was discharged two years ago.
[01:06:51.600 --> 01:07:02.640]  And Capital One was one of my creditors, and it was, you know, this charge to them also,
[01:07:03.200 --> 01:07:07.520]  but they will not take it off my credit report. How long ago was this?
[01:07:08.720 --> 01:07:14.880]  It was two years ago. Yeah, typically, yeah, typically charge offs or anything,
[01:07:14.880 --> 01:07:19.040]  anything that's on your credit report will not go off your credit report for,
[01:07:19.040 --> 01:07:26.160]  uh, I believe it's seven years. Yeah. So I can't get him to take it off. Well,
[01:07:26.160 --> 01:07:30.960]  that's not necessarily true. Uh, this, this goes to the Mike Mirris method.
[01:07:32.320 --> 01:07:38.160]  You, uh, you set them up for a federal lawsuit for violations of the Fair Credit Reporting Act,
[01:07:38.160 --> 01:07:44.000]  and you sue them in federal court. And then as part of the settlement agreement, you pressure them
[01:07:44.000 --> 01:07:49.680]  into removing the derogatory information from your credit report. That's the, that's the plan
[01:07:49.680 --> 01:07:56.080]  in the nutshell. Okay. So this was a charge, this was a charge off. This was a credit card you had
[01:07:56.080 --> 01:08:02.720]  that you quit making payments on and they charged it off. Right. Have you, have you disputed with
[01:08:02.720 --> 01:08:08.240]  them? Have you sent them a dispute letter yet? No, I just called them on the telephone the day
[01:08:08.240 --> 01:08:11.600]  and asked them to take it off. No, they're not going to take it off. And they should have not
[01:08:11.600 --> 01:08:18.080]  done that. You can never ever do it. You never do verbal communications. You do this in writing,
[01:08:18.080 --> 01:08:22.960]  everything, all the time. Yes. And you have to send it certified mail. You send them a dispute
[01:08:22.960 --> 01:08:27.920]  letter is what you do. And you tell them that you dispute everything about this account. Actually,
[01:08:27.920 --> 01:08:34.880]  Mike has a letter with very specific language in it that you need in order to properly set up
[01:08:34.880 --> 01:08:40.880]  the lawsuit, but I can't give that away because he sells that as part of his course. Okay. Okay.
[01:08:40.880 --> 01:08:45.520]  But you can, you can get that information, you can get more information on about specifically
[01:08:45.520 --> 01:08:52.080]  what language to put in the letter by buying his course, by contacting him. And his email is
[01:08:52.080 --> 01:09:01.120]  Michael Maris M-I-C-H-A-E-L-M-I-R-R-A-S at, I believe it's Yahoo. You can, you just,
[01:09:01.120 --> 01:09:06.240]  if you go to ruleoflawradio.com and you click on the baby blue banner that kind of scrolls
[01:09:06.240 --> 01:09:11.680]  the different texts where it says stop debt collectors, that'll take you to a page. But basically,
[01:09:11.680 --> 01:09:16.800]  the bottom line is this. You need to put a stop to this because what will happen is,
[01:09:17.600 --> 01:09:21.600]  if it hasn't happened already, I'm surprised it hasn't happened already, when these banks,
[01:09:21.600 --> 01:09:29.600]  when these credit card companies charge off these accounts, generally what they do is they sell the
[01:09:29.600 --> 01:09:35.120]  quote unquote account to a debt collector. What they're really doing is selling the information
[01:09:35.120 --> 01:09:40.480]  related to the account to a debt collector. The account doesn't exist anymore. The debt doesn't
[01:09:40.480 --> 01:09:46.480]  exist anymore because they charge it off against their capital gains tax. And so to sell the debt
[01:09:46.480 --> 01:09:53.840]  that no longer exists is to commit fraud, tax fraud as a matter of fact. And so they will sell the,
[01:09:53.840 --> 01:09:58.400]  they illegally sell the debt or whatever you want to call it, selling the information related to the
[01:09:58.400 --> 01:10:04.320]  debt to a debt collector, a third party entity. And then that third party entity proceeds to try
[01:10:04.320 --> 01:10:09.600]  to collect on it, but there's no account. It doesn't exist anymore. So all third party debt
[01:10:09.600 --> 01:10:19.120]  collectors are committing fraud, period. And so what happens is, six months will go by if you
[01:10:19.120 --> 01:10:24.080]  ignore them, they'll mess with your credit report or whatever, and then they'll sell it off to the
[01:10:24.080 --> 01:10:29.760]  next sucker third party debt collector for pennies on the dollar. And so you have to put a stop to
[01:10:29.760 --> 01:10:34.720]  the vicious cycle because otherwise every, wait, wait, let me finish, let me finish, because if
[01:10:34.720 --> 01:10:41.440]  you'd all put a stop to the vicious cycle, every six months, these debt collectors could
[01:10:41.440 --> 01:10:48.400]  sell this to another debt collector and it will go on and on and on for years jacking up your credit
[01:10:48.400 --> 01:10:54.720]  report. And so the way to solve the problem is you sue both the debt collector and the creditor.
[01:10:54.720 --> 01:10:58.800]  Now it sounds like in your case, there's not a debt collector involved, at least not yet.
[01:10:58.800 --> 01:11:02.880]  So you want to put a stop to it before a debt collector gets involved. But if there's a debt
[01:11:02.880 --> 01:11:07.120]  collector involved for people who are going through this, you sue both the debt collector
[01:11:07.120 --> 01:11:15.040]  and the creditor under DCPA and FCRA, depending on what they've done, and you pressure them into
[01:11:15.040 --> 01:11:20.880]  a settlement agreement. And as part of the settlement agreement, you get them to agree
[01:11:20.880 --> 01:11:24.800]  that they will remove all derogatory information from your credit report
[01:11:24.800 --> 01:11:32.960]  and that they will agree to retire this so-called account and that they will never bother you
[01:11:32.960 --> 01:11:38.800]  about it again, never try to collect on it again, and that they will never sell it to anyone else
[01:11:38.800 --> 01:11:45.120]  ever again. And that stops the cycle. And so that's the procedure in a nutshell. Now if you're
[01:11:45.120 --> 01:11:50.240]  just dealing with the creditor, then you set up the creditor for violations of FCRA for a credit
[01:11:50.240 --> 01:11:56.160]  reporting act. Okay, go ahead, Randy. I just wanted to finish the explanation of how Mike's
[01:11:56.880 --> 01:12:04.240]  procedure works. Okay, this is a bankruptcy right off. Nobody's trying to collect a debt.
[01:12:05.120 --> 01:12:11.200]  Yes, so then, yeah, that's right. And so that's what I said. If no one's trying to collect it,
[01:12:11.200 --> 01:12:18.560]  if it's just a credit card that has been charged off, then what you do is you send the creditor
[01:12:18.560 --> 01:12:26.880]  a dispute letter and when you dispute the account, they are required by law to mark it in dispute
[01:12:26.880 --> 01:12:36.080]  on your credit report and they never do that. And so every single month that goes by, that they
[01:12:36.080 --> 01:12:41.920]  don't mark it in dispute on your credit report, if they're in three of your credit reports,
[01:12:41.920 --> 01:12:52.400]  typically three credit bureaus, that is $2,000 a month per credit report that you can sue them for
[01:12:52.400 --> 01:12:59.760]  for every month that goes by that they don't mark it in dispute. A $1,000 violation for reporting
[01:12:59.760 --> 01:13:06.880]  inaccurate information and $1,000 a month for failing to mark the account in dispute.
[01:13:06.880 --> 01:13:15.360]  So that's $2,000 per credit report per month. That's six grand per month that you get to sue
[01:13:15.360 --> 01:13:21.200]  them for under violation for violations of the Fair Credit Reporting Act for every single
[01:13:21.200 --> 01:13:27.040]  month that goes by that they don't mark it in dispute after you send them that dispute letter.
[01:13:27.040 --> 01:13:33.760]  Okay, so that's how you set it up. Okay, this says on this on my credit report legal item,
[01:13:33.760 --> 01:13:38.640]  they've got dispute on it, but it says status just charged in bankruptcy.
[01:13:40.320 --> 01:13:46.000]  Well, you have to look at what it says as far as the dispute because if it doesn't say
[01:13:47.360 --> 01:13:55.840]  marked in dispute as reported by subscriber, you still get to sue them under FCRA because if it
[01:13:55.840 --> 01:14:05.840]  says disputed by consumer, that's not good enough. That just means that you are saying the account
[01:14:05.840 --> 01:14:13.520]  is disputed. They are the ones that have to tell the credit bureau that it's in dispute. So unless
[01:14:13.520 --> 01:14:21.440]  it says on your credit report reported as disputed by subscriber, see they are the subscriber. If it
[01:14:21.440 --> 01:14:29.200]  doesn't say reported in dispute by subscriber, you can still sue them under FCRA after you dispute.
[01:14:29.200 --> 01:14:32.400]  So you have to look very carefully at what they put on your credit report.
[01:14:32.400 --> 01:14:40.480]  I had three capital one cards. Two of them, they won't remove the amount. One of them,
[01:14:40.480 --> 01:14:45.680]  they put it down to zero. They're not going to do anything at all unless you sue them.
[01:14:45.680 --> 01:14:53.600]  And you have to properly set up the lawsuit under FCRA. So you've already disputed this
[01:14:53.600 --> 01:14:55.760]  with them. You've already sent them dispute letters?
[01:14:56.640 --> 01:14:59.200]  No. I just found out about it this week.
[01:15:01.200 --> 01:15:04.240]  You just found out about it this week. Okay. So what you need to do...
[01:15:04.240 --> 01:15:11.040]  I'm trying to get into, I'm 62 and I'm trying to get into senior building and they ran
[01:15:11.040 --> 01:15:17.360]  the credit check and that's how it came up. Okay. But you said that you saw in your credit
[01:15:17.360 --> 01:15:26.400]  report that it was somehow marked in dispute? Yes. The credit report that I got off of the
[01:15:26.400 --> 01:15:37.760]  Internet, this part says that it's legal item dispute but the type judgment and status discharged
[01:15:37.760 --> 01:15:43.280]  in bankruptcy. Okay. Well, that doesn't mean that they've marked it in dispute.
[01:15:43.920 --> 01:15:47.680]  Did they get a judgment against you in a state civil court?
[01:15:48.640 --> 01:15:57.440]  Yes. Okay. So now we have it even more of a suit. You send them a dispute letter
[01:15:58.320 --> 01:16:05.200]  and if they don't properly mark it in dispute, you run the routine on them like I just said
[01:16:05.200 --> 01:16:13.360]  and then as part of the settlement agreement, you pressure them, you force them into vacating
[01:16:13.360 --> 01:16:17.040]  the judgment that they have against you in the state civil court as well.
[01:16:17.600 --> 01:16:22.880]  This is standard business. No. You have not disputed the account yet?
[01:16:23.840 --> 01:16:28.240]  No. You haven't sent them a dispute letter yet. So you haven't even begun the process yet. The
[01:16:28.240 --> 01:16:33.440]  first step is to send them a dispute letter with the proper language so that you can set up your
[01:16:33.440 --> 01:16:39.120]  federal FCRA lawsuit against them and then you run the routine on them, you get them to agree to
[01:16:39.120 --> 01:16:44.400]  take all the information off, all the derogatory information off your credit report and you also
[01:16:44.400 --> 01:16:48.480]  pressure them into vacating the judgment that they have against you in the state civil court.
[01:16:49.360 --> 01:16:53.360]  Okay. Okay. So contact Mike Maris and he'll be able to help you more with that, okay?
[01:16:53.920 --> 01:16:57.680]  Okay. And I have one more question. Okay. All right. Stay right there. We'll be right back.
[01:16:57.680 --> 01:17:11.360]  It's the story of a lost city, lost opportunity, lost hope, a story of failed policies, failed
[01:17:11.360 --> 01:17:19.520]  leadership, a story of smooth talking politicians, games of he said, she said, rhetoric and division.
[01:17:19.520 --> 01:17:29.520]  One man has stood apart, stood strong and true. Voting against every tax increase,
[01:17:29.520 --> 01:17:37.360]  every unbalanced budget, every time. Standing up to the Washington machine, guided by principal,
[01:17:38.000 --> 01:17:44.800]  Ron Paul, the one who will stop the spending, save the dollar, create jobs,
[01:17:44.800 --> 01:17:54.480]  frame peace, the one who will restore liberty. Ron Paul, the one who can beat Obama and restore
[01:17:54.480 --> 01:18:02.480]  America now. I'm Ron Paul and I approve this message. If you entered into a mortgage agreement
[01:18:02.480 --> 01:18:08.240]  after the year 2000, you were subjected to the largest fraud ever perpetrated on the American
[01:18:08.240 --> 01:18:14.320]  public. The banks plotted not only to steal the equity in your home, they also planned to scam
[01:18:14.320 --> 01:18:19.440]  you out of your retirement funds and leave you homeless and penniless. The money changers have
[01:18:19.440 --> 01:18:24.320]  used what they stole from you to buy your legislators, government oversight agencies,
[01:18:24.320 --> 01:18:30.480]  and most unfortunately, the courts. If you have been foreclosed on, are facing foreclosure,
[01:18:30.480 --> 01:18:35.520]  or are up to date on your payments, there is something you can do to set things to right.
[01:18:35.520 --> 01:18:44.880]  Call 855-588-8501 and we will show you how to force the corrupt courts to do their jobs.
[01:18:44.880 --> 01:18:50.480]  You can stop these thieving bankers from destroying this country and from forcing your
[01:18:50.480 --> 01:19:06.400]  children and grandchildren onto the streets as slaves to them. Call 855-588-8501 now.
[01:19:20.480 --> 01:19:33.200]  Okay folks, we are back. All right, we're talking to Terry in Illinois.
[01:19:34.400 --> 01:19:39.520]  Okay, Terry, you had one more question for us? Yes, one more question on a different subject.
[01:19:40.880 --> 01:19:48.560]  In 1996, I went through a nasty divorce and I called my ex-husband to ask him when he was going
[01:19:48.560 --> 01:19:56.240]  to pick his son up and he eventually didn't like it, so they took me to court and had
[01:19:56.240 --> 01:20:02.480]  full harassment charges on me. How do I get that off of my record after 15 years?
[01:20:06.560 --> 01:20:11.600]  I don't know if you can. Did you plead? Did you agree to a plea deal?
[01:20:11.600 --> 01:20:22.320]  No. I stayed in my case and they said that I was guilty and...
[01:20:23.360 --> 01:20:24.720]  This is a jury trial?
[01:20:24.720 --> 01:20:26.880]  Just two years probation.
[01:20:30.320 --> 01:20:33.120]  Was this a felony charge or a misdemeanor charge?
[01:20:35.520 --> 01:20:37.840]  Was this a felony charge or a misdemeanor charge?
[01:20:37.840 --> 01:20:48.080]  Misdemeanor. If you had a final conviction, it cannot be expunged. The only way that could
[01:20:48.080 --> 01:20:53.120]  be removed from your record is if you went to the governor and the governor gave you a...
[01:20:54.720 --> 01:20:56.560]  No, what's the term? What do they give you?
[01:20:57.200 --> 01:20:57.680]  A pardon.
[01:20:57.680 --> 01:20:58.160]  Pardon?
[01:20:58.160 --> 01:21:02.080]  Ready? No. Is it a pardon?
[01:21:02.720 --> 01:21:04.880]  Yeah, that's what the governor gives is a pardon.
[01:21:04.880 --> 01:21:10.400]  You have to get a pardon and then you can get it expunged, but that's really hard to do.
[01:21:10.400 --> 01:21:12.320]  So there's no way I can get it off of my record?
[01:21:13.920 --> 01:21:14.960]  It's not without that.
[01:21:18.080 --> 01:21:19.520]  That's the whole point of the record.
[01:21:20.960 --> 01:21:21.200]  Right.
[01:21:22.240 --> 01:21:24.640]  Since it's a final conviction, it's really hard to do.
[01:21:25.680 --> 01:21:25.920]  Yeah.
[01:21:29.840 --> 01:21:31.200]  Okay. Any more questions?
[01:21:31.840 --> 01:21:33.120]  No, that's all. Thank you.
[01:21:33.120 --> 01:21:39.360]  Okay, thanks, Teri. Okay, we are going now to William in Texas. William,
[01:21:39.360 --> 01:21:41.920]  thank you for calling in. What is your question for us tonight?
[01:21:43.280 --> 01:21:43.840]  How's it going?
[01:21:44.560 --> 01:21:45.440]  It's going pretty good.
[01:21:46.000 --> 01:21:56.640]  Good. What had happened is today, I took Randy's education and went down to the grand jury here
[01:21:56.640 --> 01:22:04.160]  in Potter County. I'm filing criminal complaints against the officer and against the district
[01:22:04.160 --> 01:22:11.760]  judge concerning the case where they used the red ahabious corpus as a transport vessel and just
[01:22:12.560 --> 01:22:21.360]  basically filed 13 to the entire thing. And I went into the grand jury room, had no problem
[01:22:21.360 --> 01:22:30.160]  whatsoever submitting it to the foreman. I spoke to him about it in the file and I just kind of
[01:22:30.160 --> 01:22:38.480]  left it as is. The attorney said anything while I was staying there and I kind of left it in their
[01:22:38.480 --> 01:22:48.720]  hands. Was I supposed to stay and just kind of watch what happened or was what I did, was it okay?
[01:22:48.720 --> 01:22:54.480]  That was all you needed to do. That's wonderful. The fact that you got in there,
[01:22:55.680 --> 01:22:59.280]  if you hadn't have left, they would have probably directed you to.
[01:23:01.680 --> 01:23:07.760]  Because their deliberations are secret. But the fact that you put this in front of a grand jury,
[01:23:08.640 --> 01:23:12.240]  I guarantee you you got somebody's attention.
[01:23:12.240 --> 01:23:19.280]  Because the problem is, is you never know what a grand jury is going to do.
[01:23:19.840 --> 01:23:26.320]  Right. Well, I had an appointment with her attorney also about the same time that the
[01:23:26.320 --> 01:23:31.280]  grand jury met. But he sent me a letter saying that he canceled the appointment because of the
[01:23:31.280 --> 01:23:38.800]  bar grievance I filed on. And he's, I'm going to understand, he's going to still try to continue
[01:23:38.800 --> 01:23:46.800]  to represent her. Do I go it? I've read through the all the the Texas. Wait a minute. Hold on.
[01:23:46.800 --> 01:23:56.160]  Represent her. Represent her who? Represent my wife. Okay. Is this a divorce issue?
[01:23:56.160 --> 01:24:05.040]  No, it's not. Oh, okay. So you, the attorney was representing your wife and you grieved him.
[01:24:05.040 --> 01:24:13.920]  Yeah. Now he wants to walk away from that was. So is he a hired attorney or court appointed?
[01:24:13.920 --> 01:24:20.800]  He's court appointed. He was, he was appointed to her and he hadn't gone to see her. He just
[01:24:20.800 --> 01:24:26.880]  called her on the phone, already made a deal with, with the district attorney and says you're
[01:24:26.880 --> 01:24:30.720]  getting eight years. That's when, you know, I called you a couple of weeks ago and told you
[01:24:30.720 --> 01:24:35.840]  about that and you said, go ahead and greet us. Well, I did that. I had an appointment with him
[01:24:35.840 --> 01:24:41.680]  and he went ahead and sent me a letter saying that he canceled it. Then you need, if he tries to
[01:24:41.680 --> 01:24:48.560]  withdraw from the case, you need to file a, get your wife to file an objection to his withdrawal.
[01:24:49.280 --> 01:24:55.520]  Okay. And direct the court that he, the court has no power to interfere with the contract.
[01:24:55.520 --> 01:25:02.400]  This is not a private contract, state contract, but your wife is the attendant third party beneficiary
[01:25:02.400 --> 01:25:10.720]  and this attorney may not violate the contract just because you objected to him acting improperly.
[01:25:11.760 --> 01:25:19.120]  Okay. So you, you've got everybody's attention at this point. Okay. Now if for some reason
[01:25:19.120 --> 01:25:27.440]  he wants to, or he's going to, of course now kind of do away with this bar grievance,
[01:25:27.440 --> 01:25:32.480]  do I need to go ahead and file it in the case file? No, you don't worry about the bar grievance.
[01:25:32.480 --> 01:25:41.680]  He can't do away with it. Okay. He has no control over that. Okay. Now bar handles that and this
[01:25:41.680 --> 01:25:49.760]  is stung him. This is a bell that can't be unrung. Okay. So, so he's already hurt and he just probably
[01:25:49.760 --> 01:25:56.080]  don't want another one. And if you petition to be removed from the case, you should grieve him for
[01:25:56.080 --> 01:26:03.120]  that. Okay. Or you might want to let him know that if you try to duck out on your contract,
[01:26:03.920 --> 01:26:10.080]  then we'll grieve you for that. You get in there and do your job. And then you force the court
[01:26:10.080 --> 01:26:16.080]  into a position to where they have to protect their attorney from you. Okay. The best, best way
[01:26:16.080 --> 01:26:21.440]  they can do that is to make you happy. All right. Because I mean, I've read, I went ahead and read
[01:26:21.440 --> 01:26:28.080]  through all of the, the rules of professional conduct and I was like, well, he violated that
[01:26:28.080 --> 01:26:32.640]  rule. And he violated that rule. And he violated that rule. So I was just wondering if I need to
[01:26:32.640 --> 01:26:38.480]  hold off on any more grievances or just kind of let him go at death. Well, hold off right now
[01:26:38.480 --> 01:26:44.240]  unless he tries to get himself removed from the case in which case he didn't get. And remember,
[01:26:44.240 --> 01:26:48.800]  you can file a separate bar grievance for each rule of conduct that he violated.
[01:26:48.800 --> 01:26:53.440]  Don't just pile them up on one bar grievance. Make them separate because that'll hurt him more.
[01:26:54.080 --> 01:26:58.640]  Okay. Cause I mean, I've got, I've got seven right in front of me right now.
[01:27:00.320 --> 01:27:06.080]  I mean, I mean, I don't know, you know, whether to go full force on the guy. Cause I mean,
[01:27:06.080 --> 01:27:10.720]  they're, they're going, they're going to be relentless on her and her trial is on Thursday
[01:27:10.720 --> 01:27:16.880]  of next week. Well, let us know when you get to 17 against him instead of just seven. Okay.
[01:27:16.880 --> 01:27:22.880]  Okay. Well, this is about putting your attorney in a position, the her attorney in a position,
[01:27:22.880 --> 01:27:30.720]  so he has to do his job. Yeah. So if he attempts to get removed from the case, you know, you might
[01:27:30.720 --> 01:27:36.720]  want to send him a communique addressing the fact that you have reason to believe he's violated
[01:27:37.600 --> 01:27:42.640]  this standard, this standard, this standard, this standard and asking what he's going to do to correct
[01:27:42.640 --> 01:27:51.440]  those issues. Okay. That's the way of threatening him, him without threatening him. Right. Just
[01:27:51.440 --> 01:27:58.640]  remember, keep all of this well documented because on an appeal, you have the documentation that proves
[01:27:58.640 --> 01:28:05.360]  that you didn't receive effective assistance of counsel from this attorney. Remember, this can
[01:28:05.360 --> 01:28:12.560]  be used in more ways than one here. Yeah. Okay. This is his wife, but he can show that, you know,
[01:28:12.560 --> 01:28:19.120]  this will stand as evidence that the wife didn't receive the effective counsel. That is absolutely
[01:28:19.120 --> 01:28:25.840]  correct. You're still, you're helping lay the record for your wife. Okay. Yeah. They're not,
[01:28:25.840 --> 01:28:28.960]  they're not going to want this to go forward. They're going to want this to go away because,
[01:28:29.600 --> 01:28:34.960]  you know, these guys are, you know, they're professionals. This is their livelihood. Yeah.
[01:28:35.840 --> 01:28:41.600]  They're not in this to do the right thing for the right reason. So when you start threatening
[01:28:41.600 --> 01:28:46.800]  their careers, they're going to do whatever it takes to get you to go away and leave them alone.
[01:28:47.680 --> 01:28:54.000]  Okay. Now, then they can go screw the next guy who don't know how to beat them up. Right. Well,
[01:28:54.000 --> 01:28:58.960]  I mean, I was just wondering if I need to go ahead and file rule 404 respective
[01:29:00.320 --> 01:29:04.080]  rights for third person because he sent me that, sent me that letter.
[01:29:05.120 --> 01:29:08.560]  What rights do you have as a third person party? Well,
[01:29:10.480 --> 01:29:17.840]  of a third person, you know, you know, Amber or my, sorry, my wife hand wrote a letter that
[01:29:17.840 --> 01:29:29.280]  authorizing me to look into any type of records that the, that the attorney might be accumulating
[01:29:30.000 --> 01:29:36.800]  on the course of the defense. Okay. So did he deny you access to those records?
[01:29:37.360 --> 01:29:44.160]  Well, he just, he just denied me any type of consultation or anything with the appointment.
[01:29:44.160 --> 01:29:47.600]  And that's what I was going to say about that. Okay. Hold on. We're about to go to break.
[01:29:48.480 --> 01:29:51.600]  This is Randy Kelton, Deborah Stevens at Craig, Blue Blood Radio.
[01:29:52.640 --> 01:29:57.040]  We'll pick this up on the other side and Brian, I see you. We'll get you.
[01:29:59.680 --> 01:30:03.040]  Top 10 reasons to question the official story of the Oklahoma City bombing.
[01:30:03.040 --> 01:30:07.280]  Reason number 10. What is on the surveillance tapes? There were many video surveillance cameras
[01:30:07.280 --> 01:30:10.640]  that recorded the morning of the bombing, yet the few of these that have been released do not
[01:30:10.640 --> 01:30:14.480]  show what transpired with the rider truck at the Murrow building. Most recently, the government
[01:30:14.480 --> 01:30:17.760]  has claimed that all of the cameras that were in different buildings and maintained by different
[01:30:17.760 --> 01:30:23.040]  businesses were all having their tapes changed at the exact same time. 902 a.m. This is insulting
[01:30:23.040 --> 01:30:27.280]  to the memory of those who perish in the bombing. What is being hidden from us? For more information,
[01:30:27.280 --> 01:30:35.360]  please go to okcbombingtruth.com. Were you born into Generation X? How about Generation Y?
[01:30:35.360 --> 01:30:39.600]  Are you a baby boomer? Or maybe you're a millennial. Mammoth stuff gets confusing,
[01:30:39.600 --> 01:30:44.800]  but don't worry. I'm Dr. Catherine Albrecht and I'll be back with a new high-tech way to sort it all out.
[01:31:09.600 --> 01:31:13.120]  Yahoo, Yahoo, and Bing. Start over with StartPage.
[01:31:39.600 --> 01:31:44.320]  This answers the younger your crowd, and if you scored close to zero, chances are you're a baby
[01:31:44.320 --> 01:31:50.000]  boomer. Obviously, this quiz leaves out younger leadites and older tech lovers, but it comes pretty
[01:31:50.000 --> 01:32:10.400]  close for the rest of us. I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:32:20.400 --> 01:32:49.920]  Hi folks, we are back. We're talking with William. We've got Brian Way,
[01:32:49.920 --> 01:32:54.240]  Dating in the Wings, and Diane in Connecticut. After that, we don't have any other callers.
[01:32:54.240 --> 01:32:58.080]  We've got a half an hour left, so we could probably get a couple more on the board after
[01:32:58.080 --> 01:33:03.920]  Diane. Right now, we're talking to William. William, please continue.
[01:33:09.520 --> 01:33:17.840]  I've been trying to get information, if anything, from the defending attorney. He basically
[01:33:17.840 --> 01:33:24.000]  hasn't visited her, hasn't got her side of the story. The first phone call that he made to her
[01:33:24.000 --> 01:33:30.800]  was just, well, it looks like you're going to get eight years. He sent her over, waver rights,
[01:33:30.800 --> 01:33:37.600]  and told her not to sign it. I'm like, don't waver your rights. Just get him to do what
[01:33:37.600 --> 01:33:42.400]  he's got to do to get you off. He goes, she told him that she wasn't going to sign it, and he was
[01:33:42.400 --> 01:33:50.480]  just like, well, it looks like 10 years now. He sounds like the prosecutor. Well, that's
[01:33:50.480 --> 01:33:56.720]  her attorney threatening her. That's when Randy told me to do the bar grievance,
[01:33:56.720 --> 01:34:02.880]  and at that time, I had the appointment, and then he said, well, it looks like since you
[01:34:02.880 --> 01:34:09.440]  just started the bar agreement, I'm canceling your appointment. Oh, no. Hold on. He's not even
[01:34:09.440 --> 01:34:15.280]  allowed to mention that. Yeah. Well, I've got a letter right here that says it. Oh, he put it in
[01:34:15.280 --> 01:34:22.240]  writing? Yeah. Oh, this guy's dumber than he looks. That's even, well, man. Yeah. It's bad enough if
[01:34:22.240 --> 01:34:26.240]  he would have sent it to you and you caught it on tape, but he put it in writing with his pendant
[01:34:26.240 --> 01:34:36.240]  with his own hand. Wow. You really got him now. Yeah. Yeah. Mr. Deer, Mr. In view of the fact that
[01:34:36.240 --> 01:34:41.040]  you found it necessary to file an agreement on canceling your appointment to discuss your West
[01:34:41.040 --> 01:34:48.960]  Cage, thank you for your attention in this regard, sincerely yours. Well, he's got that part right.
[01:34:48.960 --> 01:34:58.640]  Now that you can sue him, everything he's got will be yours. Okay. So you could bar grievance for that?
[01:34:58.640 --> 01:35:07.520]  Yeah. Yeah. Twice. One, because he stopped performing his duties in the service of your
[01:35:07.520 --> 01:35:13.680]  wife's case. And two, because he divulged the bar grievance and brought it up in relation to the
[01:35:13.680 --> 01:35:21.920]  case. That's two extra bar grievance. Yeah, that's a no, no. Okay. He made a boo boo, a big one, by
[01:35:21.920 --> 01:35:32.000]  mentioning that. Okay. Because I mean, it's a nasty, it's a nasty shark pool up here in
[01:35:32.000 --> 01:35:37.760]  Potter County. And I mean, I've got a few people that, you know, I know that in some of the
[01:35:37.760 --> 01:35:46.000]  departments, but the rest of them are, it's nasty. Well, ask him if his butt is sore and
[01:35:46.000 --> 01:35:51.040]  deeply bruised. And when he asks you what you mean, say, well, I just presume that you fell
[01:35:51.040 --> 01:35:55.760]  on it very hard when you opened your mouth and inserted both feet at the same time with his
[01:35:55.760 --> 01:36:24.480]  letter. All right. So just, so just go ahead and grieve him and then get ready to go after his ass. Okay. Oh, sorry. Sorry. His dairy hair. Okay. Point taken. Yes. All right. Well, thank you, gentlemen. Thank you, Deborah. Okay. I'll give you the heads up next week on what's going on.
[01:36:24.480 --> 01:36:36.960]  All right. Thanks, William. Keep after him. Stay on him. Okay. Okay. All right. Okay. Bye-bye. All right. We're going now to Brian in Minnesota. Brian, thank you for calling in. What is your question for us tonight?
[01:36:36.960 --> 01:37:02.080]  Hey, y'all. So I kind of have been talking to you, y'all, about a civil, my civil imprisonment false imprisonment case that I was going to remove from the state civil to federal. I don't know if you remember it at all, but I wanted, I lost on a summary judgment.
[01:37:02.080 --> 01:37:26.640]  And I'm working on the removal and barred grievances and stuff like that. One thing I realized today, though, is I was putting in a motion for a new trial. And I didn't get the notice often time. I was busy defending myself on some speeding tickets that I won. So I got that going for me.
[01:37:26.640 --> 01:37:39.520]  But I'm just curious if this is going to be a problem for me. It says in the rules that I got to get a notice out 30 days, and then I got 60 days to hear the motion. My guess is...
[01:37:39.520 --> 01:37:50.880]  Okay. Okay. Hold on. Petition for extension of time. And if they deny it, just notice a feel.
[01:37:50.880 --> 01:38:09.200]  Does that have to be in a motion? I suppose that has to be in a motion format, right? Yeah, just a motion format. Just motion for extension of time and say that you were unexpectedly saddled with other legal commitments and were unable to complete it and ask for the extension of time.
[01:38:09.200 --> 01:38:24.240]  They'll probably deny it and then file an appeal. Okay, well... Give a file a notice of appeal. Okay, we were going to... I was going to remove this anyways. The federal is... I mean is...
[01:38:24.240 --> 01:38:45.520]  Okay, wait a minute. Let me make sure of what you're removing. Is this a suit you filed against them? Yeah. Oh, okay. Yeah. Then you might... You can... There's really no time limit what you really redo if they have dismissed. Does it dismiss the case or just read against your motions?
[01:38:45.520 --> 01:39:02.480]  They dismissed the case. Okay. Good matter. Just refiled in the Fed. Okay, that was my next question. So I can just refile in the Fed and then I can do new service again and everything? Yeah. It costs you a little more but it's cleaner.
[01:39:02.480 --> 01:39:20.000]  Well, one of the mistakes I made is that I figured I wouldn't get the proper justice so I paid every penny I had and I didn't go IFP when I probably could have and so it actually made it more difficult and this time when I informed the Popperus.
[01:39:20.000 --> 01:39:41.360]  You can do that in the Fed but you have to make your case because when you go in the Fed and inform a Popperus, it gives the federal judge an opportunity to rule that your filing is without merit and he can dismiss.
[01:39:41.360 --> 01:40:02.800]  But then you can also go back and appeal that and just keep these guys dancing in court for a long time. Okay. But I just mentioned that because that's the one danger is if you've got a corrupt, really corrupt federal judge, he can just throw it out because he wants to.
[01:40:02.800 --> 01:40:16.960]  Well, and I've been warned they were that way here too but actually I went down and started looking through the files of court cases for some 1983 actions and I mean it looked promising a little bit.
[01:40:16.960 --> 01:40:27.760]  We had somebody here who apparently filed an action against, there were like 12 people that joined on in an action against President Obama. Kind of interesting.
[01:40:27.760 --> 01:40:38.080]  And the birth certificate issue. So, I don't know, at least that was a little hope. I guess that answers it.
[01:40:38.080 --> 01:40:41.280]  Well, okay, then go for it.
[01:40:41.280 --> 01:40:42.880]  Stay after him, Brian.
[01:40:42.880 --> 01:40:44.000]  All right, thank you very much.
[01:40:44.000 --> 01:40:45.680]  Okay. All right, you have a good night.
[01:40:45.680 --> 01:40:56.880]  Okay. We've got three more callers on the line. We've got Dan, Paula, Julius. We're going to go to Dan next. Dan, what's your question for us tonight?
[01:40:56.880 --> 01:41:12.880]  Is Dan there? The real deal. He's not there. Okay. Todd, go back to him later. Next, we're going to go to Paula in Maine. Paula, thank you for calling in. What is on your mind tonight? What's your question for us?
[01:41:12.880 --> 01:41:31.680]  Okay, well, I first of all wanted to know who the callers were previously, but that's not really a question. But the very interesting and good that that guy had some traffic tickets, you know, like to know so we could maybe share some knowledge.
[01:41:31.680 --> 01:41:44.080]  Anyway, I'm doing a challenge to jurisdiction and I'll let you people know after the 21st of September, because we're scheduled to appear court, and a guy named Ed has helped me with it.
[01:41:44.080 --> 01:41:57.120]  So I'm going to be hopefully gaining some ground there, but it's just a matter of you can beat yourself up for trying to, you know, saying you should have done it a different way or that, you know.
[01:41:57.120 --> 01:42:08.560]  But in the end, they probably would have just screwed you anyway. So you have to just, you know, join up with other people, looking for solutions and have the same problems as you.
[01:42:08.560 --> 01:42:21.120]  That's exactly the point that I keep making. I'm thinking about doing it. David, in my husband's case, he's got a charge of felony and possession of firearm.
[01:42:21.120 --> 01:42:30.080]  So he is kind of not wanting me to interfere with this, you know, case, but he's not doing anything to help themselves. He's got a lawyer who hasn't responded to our questions.
[01:42:30.080 --> 01:42:41.920]  So I'm going to put it in an affidavit into his case and say all the things that we've asked for of the lawyer and say the laws that have been, you know.
[01:42:41.920 --> 01:42:44.080]  Hold on. Hold on.
[01:42:44.080 --> 01:42:47.520]  No questions answered at all.
[01:42:47.520 --> 01:42:51.360]  Hang on just a minute. Randy's got a comment.
[01:42:51.360 --> 01:42:53.680]  Okay. Apparently she couldn't hear me.
[01:42:53.680 --> 01:43:00.720]  Yeah. Randy, I think you, I think you need to speak up a little bit, Randy, because I've got the, I've got the audio going real loud to the phone bridge.
[01:43:00.720 --> 01:43:04.320]  And if I crank it up any louder to the callers, I can turn it up.
[01:43:04.320 --> 01:43:10.080]  Okay. It's going to call. It's going to blow up my equipment. So just speak up a little bit.
[01:43:10.080 --> 01:43:13.600]  Is that better at this? Oh, I'm sorry. This lawyer.
[01:43:13.600 --> 01:43:18.480]  Wait, wait, wait. Paula, Paula, hold on. Randy's been trying to say something to you. Paula, can you hear us?
[01:43:18.480 --> 01:43:19.760]  I was just, yes, I can hear you.
[01:43:19.760 --> 01:43:22.880]  Okay. Okay. Wait one second. You need to hold on.
[01:43:22.880 --> 01:43:30.320]  Stop talking. Somebody has to stop. When I start speaking, your voice drops down and I can't hear you.
[01:43:30.320 --> 01:43:36.960]  So I can't tell if you're still talking. So that's probably why I talked over you last time, because I couldn't tell you.
[01:43:36.960 --> 01:43:45.040]  You were still talking. It sounded like you were trying to file a document in a guy's case.
[01:43:45.040 --> 01:43:50.960]  He wasn't filing in his own case. You can't do that. We'll address that on the other side.
[01:43:50.960 --> 01:43:55.520]  This is Randy Kelton, Debbie Stevens, Eddie Craig. We'll talk radio. We'll be right back.
[01:44:00.080 --> 01:44:03.280]  Hey, did you hear Ron Paul's announcement? He's running for president in 2012.
[01:44:03.280 --> 01:44:08.000]  Who's Ron Paul? Really? Okay, put down the cell phone for one minute. Your friends really don't care
[01:44:08.000 --> 01:44:11.280]  about your Twitter updates on what you had for breakfast. Oh, but I'd love to make the little
[01:44:11.280 --> 01:44:16.080]  smiley faces with punctuation marks. Of course you do. Now, listen closely. You need to go down to
[01:44:16.080 --> 01:44:20.160]  Brave New Books and learn as much as you can about Ron Paul and his message before it's too late.
[01:44:20.160 --> 01:44:24.240]  They have all of his books and many of the books he talks about. They also have t-shirts,
[01:44:24.240 --> 01:44:27.920]  bumper stickers, and yard signs so that you can show your support for him during the campaign.
[01:44:27.920 --> 01:44:33.120]  Brave New Books. Do they have Harry Potter and Twilight? No, but they do carry a large selection of
[01:44:33.120 --> 01:44:37.360]  survival and preparedness books to protect your family in time of emergency. Uh, that sounds
[01:44:37.360 --> 01:44:41.440]  like that's shown on the Discovery Channel. Yeah, there's even a wilderness survival expert that
[01:44:41.440 --> 01:44:46.800]  teaches classes called Earth Skills School that you can sign up for on the website bravenewbookstore.com.
[01:44:46.800 --> 01:44:50.800]  What are you doing? I'm tweeting all my friends that they should go to bravenewbookstore.com
[01:44:50.800 --> 01:44:56.160]  or down to the bookstore in person. Where's it located? 1904 Guadalupe Street. There, it's sent.
[01:44:56.160 --> 01:45:02.960]  I even made a smiley face. Great. Are you the plaintiff or defendant in a lawsuit?
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[01:45:09.840 --> 01:45:16.880]  course that will show you how in 24 hours, step-by-step. If you have a lawyer, know what your
[01:45:16.880 --> 01:45:21.680]  lawyer should be doing. If you don't have a lawyer, know what you should do for yourself.
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[01:45:41.120 --> 01:45:47.840]  our American courts. You'll receive our audio classroom, video seminar, tutorials, forms for
[01:45:47.840 --> 01:45:55.760]  civil cases, prosay tactics, and much more. Please visit ruleoflawradio.com and click on the banner.
[01:45:55.760 --> 01:46:21.680]  Or call toll-free 866-LAW-E-Z.
[01:46:26.560 --> 01:46:46.160]  Okay, folks, we are back. We're speaking with Paula in Maine. Julius, just stay right there. You are next.
[01:46:48.720 --> 01:46:51.280]  Okay, Randy, you were trying to tell something to Paula.
[01:46:51.280 --> 01:46:57.440]  Yes, okay. On the break, Eddie brought me up to speed on part of what was going on.
[01:46:58.400 --> 01:47:06.640]  It's your husband who has an issue, and he's not doing anything to assist himself,
[01:47:07.760 --> 01:47:12.240]  and you want to file a document in his behalf. Is that correct?
[01:47:13.520 --> 01:47:17.760]  Kind of. He's kind of like, whatever, I'm guilty. I'm like, what crime did you commit?
[01:47:17.760 --> 01:47:29.120]  Okay, listen, stop. If he doesn't give you a power of attorney, you have no standing to interfere in
[01:47:29.120 --> 01:47:39.120]  his case. So if you try to file in his behalf, they won't let you, and they are within their rights
[01:47:39.120 --> 01:47:44.720]  to do so. What if I do have a power of attorney, and he has one on me, because at one point,
[01:47:44.720 --> 01:47:49.040]  it was convenient, and we never revoked them. I have them in my cabinet.
[01:47:50.160 --> 01:47:53.360]  You're going to need a power of attorney for this case.
[01:47:54.320 --> 01:47:57.920]  Yeah, you would need a specific, okay.
[01:47:57.920 --> 01:48:02.400]  Yeah, it would need to be specific for this case, Paula, and the bottom line is,
[01:48:02.400 --> 01:48:05.920]  if he doesn't want you to do it, or if he's not willing to go along with it,
[01:48:05.920 --> 01:48:12.960]  even if you somehow manage to file the documents, if he's prosa, then he's going to have to defend
[01:48:12.960 --> 01:48:18.880]  those documents and explain them in court. And if he's not willing to do that, the documents are
[01:48:18.880 --> 01:48:22.480]  going to get thrown out. So this is a dead-in road here.
[01:48:23.360 --> 01:48:25.440]  I take it he has counsel.
[01:48:27.120 --> 01:48:27.760]  But the lawyer's right.
[01:48:27.760 --> 01:48:31.120]  So he has a lawyer. There's no way they'll let you interfere.
[01:48:31.120 --> 01:48:33.040]  No, they're not going to let you interfere at all.
[01:48:33.920 --> 01:48:42.080]  In some civil actions, you can intervene. You come into a court if you have standing,
[01:48:42.080 --> 01:48:47.760]  you can intervene. But in a criminal, it's between the accused and the state, and you can't intervene.
[01:48:49.920 --> 01:48:54.160]  He's the only one that can do anything about it.
[01:48:55.520 --> 01:48:55.840]  Okay?
[01:48:57.520 --> 01:49:00.960]  We do have to move along. Do you have any more questions?
[01:49:01.680 --> 01:49:02.320]  No.
[01:49:02.320 --> 01:49:03.520]  Okay, thanks Paula.
[01:49:03.520 --> 01:49:08.000]  Okay, thank you. Sorry we couldn't give you the answer you wanted, but you're stuck on that one.
[01:49:08.000 --> 01:49:16.080]  Okay, we're going to go to Julius in Texas. Julius, what do you got for us tonight?
[01:49:16.960 --> 01:49:24.480]  Hi Randy and everybody, Devere and Eddie. I'm a very interesting situation that came up and maybe
[01:49:24.480 --> 01:49:31.920]  you've heard about it, but our Gibson American homegrown barman pop shop for who knows what 100
[01:49:31.920 --> 01:49:38.240]  years they've been making guitars in this country, got raided by federal agents.
[01:49:39.600 --> 01:49:44.240]  And I think it was August the 24th, they got raided.
[01:49:44.240 --> 01:49:45.760]  Yes, I read all about that.
[01:49:46.640 --> 01:49:47.440]  You read about that?
[01:49:47.440 --> 01:49:47.760]  Yes.
[01:49:48.640 --> 01:49:49.440]  Okay.
[01:49:49.440 --> 01:49:57.200]  Yes, and what it has to do with is that they are accusing them of violating, I believe it's
[01:49:57.200 --> 01:50:03.600]  the Lacey Act, which has to do with, they're not saying that the wood was procured illegally,
[01:50:03.600 --> 01:50:09.360]  or that there was any violation of environmental laws or anything like that, but it goes to some
[01:50:09.360 --> 01:50:19.120]  obscure law from India where under certain circumstances, the nation of India has laws
[01:50:19.120 --> 01:50:26.720]  on the books that this type of wood, I believe it was ebony wood, has to be finished by
[01:50:26.720 --> 01:50:31.440]  craftsmen in India before they can import it under certain circumstances.
[01:50:31.440 --> 01:50:41.120]  And this wood apparently was imported unfinished, but the government of India did not see a problem
[01:50:41.120 --> 01:50:47.520]  with this. And so this is just the Department of Justice, our country's Department of Justice
[01:50:47.520 --> 01:50:53.680]  interpretation of Indian law, but the Indian government is like, they didn't break our law.
[01:50:53.680 --> 01:50:59.920]  And so under the Lacey Act here in this country, apparently when it comes to importing wood and
[01:50:59.920 --> 01:51:04.400]  stuff like that, you can't violate other country's laws either.
[01:51:04.400 --> 01:51:10.800]  But again, this is just our Department of Justice's interpretation of this Indian law
[01:51:10.800 --> 01:51:14.640]  because the nation of India is saying they didn't do anything wrong.
[01:51:14.640 --> 01:51:20.560]  And so they come in, they confiscate all this wood without a court order or anything,
[01:51:20.560 --> 01:51:24.800]  and so it's just going to get it sorted all out in court later. They did this to Gibson
[01:51:24.800 --> 01:51:31.520]  Guitar already a few years ago, and Gibson is still fighting in court to get their property back.
[01:51:31.520 --> 01:51:39.040]  And one of the hosts on my network on Friday nights, Howard Houchin, he's one of the co-hosts
[01:51:39.040 --> 01:51:45.920]  on Action for Liberty, he just hit the hammer that nailed right on the head regarding this case,
[01:51:45.920 --> 01:51:52.000]  regarding this Gibson thing, this highly publicized Gibson case. The Department of Justice told the
[01:51:52.000 --> 01:51:56.880]  CEO of Gibson, I believe it was even in writing, I have to look this up again because it's been
[01:51:56.880 --> 01:52:01.520]  a few weeks, but I believe he even told them in writing, if you don't like it, you guys should
[01:52:01.520 --> 01:52:05.760]  just move your business, move your manufacturing business to Madagascar.
[01:52:05.760 --> 01:52:13.360]  Okay, so this is obviously an attack. I mean, this is a sire, people. This is more than just
[01:52:13.360 --> 01:52:20.560]  a, this is more than just an attack on Gibson, you know, for the, you know, Greeny Laws or whatever.
[01:52:20.560 --> 01:52:30.320]  This is a siop because Gibson is like the icon of Americana. Okay, American made guitars, and yes,
[01:52:30.320 --> 01:52:36.080]  they have to import some wood because ebony doesn't grow in North America and stuff like that. So,
[01:52:36.080 --> 01:52:40.720]  yeah, they're going to have to import some wood from around the world, but these are American
[01:52:40.720 --> 01:52:47.840]  made guitars, you know, it's the icon of Americana, and this is obviously a siop on the American
[01:52:47.840 --> 01:52:54.160]  people. The destruction of an American icon in front of our very eyes. And so that's what,
[01:52:54.160 --> 01:52:59.200]  that's what we think is going on. And I have to give big kudos to Gibson, the CEO of Gibson.
[01:52:59.200 --> 01:53:03.200]  They are not putting up with it. They're saying we're defending ourselves. We're innocent. We
[01:53:03.200 --> 01:53:09.600]  haven't broken any laws here. India is saying we don't have a problem. And I just, I just pray for
[01:53:09.600 --> 01:53:15.120]  them, and I really hope that they win their cases. Absolutely, absolutely. And the other
[01:53:15.120 --> 01:53:19.360]  despicable thing is that they're putting American citizens out of work. I mean,
[01:53:19.360 --> 01:53:20.400]  Absolutely.
[01:53:20.400 --> 01:53:26.960]  Just at a time when we need to create jobs, and you do this, and you put Americans out of work,
[01:53:26.960 --> 01:53:33.120]  that's your excuse for that. Well, again, they told Gibson, move your manufacturing to Madagascar.
[01:53:33.120 --> 01:53:38.080]  They are trying to destroy this nation. If it isn't obvious to everyone already, it should be now.
[01:53:38.080 --> 01:53:40.960]  Absolutely. Everybody's listening.
[01:53:40.960 --> 01:53:46.960]  I saw something very interesting in the Lacey Act. I looked under some provision and apparently
[01:53:47.760 --> 01:53:52.880]  that restriction on the types of words or protections of words is actually a very
[01:53:52.880 --> 01:53:59.520]  weak case with the Lacey Act. The Lacey Act was there to protect mostly animals.
[01:53:59.520 --> 01:54:04.880]  Well, again, they're not saying that the wood itself was illegal or that the wood was harvested
[01:54:04.880 --> 01:54:10.720]  illegally or violated any international environmental laws or even it didn't even
[01:54:10.720 --> 01:54:17.520]  violate any Indian environmental laws. It has to do with some obscure Indian law that says
[01:54:18.080 --> 01:54:24.560]  something and it probably goes to protect the economy and the workers in India that under
[01:54:24.560 --> 01:54:31.600]  some circumstances, the wood has to be finished, you know, polished and, you know, sanded and all
[01:54:31.600 --> 01:54:36.640]  that kind of stuff shall act or whatever by craftsmen in India before it's imported, before
[01:54:36.640 --> 01:54:42.880]  it's exported from India. That's what it has to do with and Gibson was importing this raw wood
[01:54:42.880 --> 01:54:48.160]  and having, you know, their own craftsmen finish it for their custom-made guitars.
[01:54:48.160 --> 01:54:52.960]  But the nation of India was not complaining about it. So this has absolutely nothing to do with
[01:54:52.960 --> 01:54:57.520]  environmentalism at all. It has nothing to do with nothing. This is strictly a Psyop.
[01:54:57.520 --> 01:55:04.720]  Exactly. And also, they get to do 2,000 of the work from what I've been told and then we only
[01:55:04.720 --> 01:55:09.440]  do one third of the work, right? Yeah. I mean, so they're getting the lion's share of doing the work,
[01:55:09.440 --> 01:55:15.200]  but this is just absolutely crazy. And then also under that Lacey Act, they said something specific
[01:55:15.200 --> 01:55:23.200]  about anything dealing with any type of goods comes to violations of a state. Something about
[01:55:23.200 --> 01:55:30.000]  violations of a state, not to a foreign state or anything foreign. It's talking about any
[01:55:30.000 --> 01:55:36.880]  violations within the state's A state of the United States. And so I don't know all the ins and outs
[01:55:36.880 --> 01:55:42.320]  of all this law and stuff, but I think that, you know, and I'd like to record this show. I think
[01:55:42.320 --> 01:55:46.800]  I'm going to give it to a good friend of mine who can get in touch with the NAMM people because they
[01:55:46.800 --> 01:55:53.920]  have written a letter to President Obama saying basically, look, we would have done anything
[01:55:53.920 --> 01:56:01.360]  you would have asked us to do. Why won't we notice? You know, why wouldn't anybody talk to us? And why
[01:56:01.360 --> 01:56:06.960]  does it solve the secret? And why are you doing this? What's your reason for doing this? We can't
[01:56:06.960 --> 01:56:13.600]  get any answer. It's obvious. It's the Psyop because if they can do this to Gibson, they can do it to
[01:56:13.600 --> 01:56:18.560]  anybody. If TSA can stick their hands down Miss America's pants, they're going to do it to anybody.
[01:56:18.560 --> 01:56:24.960]  This is about mental conditioning of the public. Right. We need to stop and stand up against it.
[01:56:24.960 --> 01:56:29.840]  And it's like, I just want to do anything I can do to help these people. But I mean, I'm a guitar
[01:56:29.840 --> 01:56:34.240]  player, you know, at heart. I mean, that side grew up as a guitar. I've been playing guitar for 40
[01:56:34.240 --> 01:56:38.800]  years. Gibson is, you know, I mean, it's homegrown American pie and it doesn't get any better.
[01:56:38.800 --> 01:56:44.800]  Absolutely. Well, and I'm a guitar player too. And so is Jerry, of course. And, you know, I've,
[01:56:44.800 --> 01:56:49.920]  they interviewed, there was a magazine that did an article about this and they interviewed some
[01:56:49.920 --> 01:56:53.520]  guitar players, some international guitar player, forgot his name, but he said,
[01:56:53.520 --> 01:56:57.760]  I don't take my wooden guitars out of the country anymore because now if you take your guitars out
[01:56:57.760 --> 01:57:03.520]  of the country on tour and try to come back with them, you have to have documentation of where every
[01:57:03.520 --> 01:57:08.960]  single piece of wood came from on that guitar and proof that it was harvested legally and all
[01:57:08.960 --> 01:57:15.360]  that. I mean, this is just absolute madness. Send letters to editors all over the country
[01:57:15.360 --> 01:57:21.680]  accusing Obama administration of trying to drive jobs out of the United States.
[01:57:21.680 --> 01:57:25.360]  Well, absolutely. I mean, that was published. Well, you know,
[01:57:25.360 --> 01:57:30.160]  actions speak louder than words, don't they? We're tired of words. We're tired of you giving us
[01:57:30.160 --> 01:57:34.640]  false hopes. So yeah, you're going to create jobs or this or that. Here's your action.
[01:57:35.200 --> 01:57:39.680]  Well, absolutely. And Gibson, I have a feeling they are going to go after my gangbusters because
[01:57:39.680 --> 01:57:46.880]  this is the second time that the DOJ has done this to them. And the first time there was no
[01:57:46.880 --> 01:57:54.320]  faults found in the Gibson company the several years ago. However, the DOJ is still holding
[01:57:54.320 --> 01:57:59.520]  on to the wood to Gibson's property and they're having to sue for it. I hope that Gibson sues
[01:57:59.520 --> 01:58:04.400]  the living, you know what, out of out of the federal government over this. All right, Julius,
[01:58:04.400 --> 01:58:08.720]  well, thanks for the call. Thank you, Deborah. All right. All right. That's it for tonight.
[01:58:09.360 --> 01:58:14.240]  Tomorrow night, we have a four hour Friday info marathon. So make sure you line up your questions
[01:58:14.240 --> 01:58:21.280]  and your calls. This is the rule of law rule of law radio dot com. Make sure you go and support
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[01:58:33.680 --> 01:58:36.960]  giving us a little something, something, you know, because you would have had to give a lot
[01:58:36.960 --> 01:58:42.320]  more to an attorney and they would have run you up the river. So sold you down the river,
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