ROL_2011-09-09_16k_Hr1-2.timecode

[00:00.000 --> 00:04.740]  This news brief brought to you by the International Newsnet.
[00:04.740 --> 00:09.480]  The British Army has suspended several soldiers and more prosecutions are possible following
[00:09.480 --> 00:15.720]  a report Thursday into abuse of Iraqi civilians by soldiers in Basra in 2003.
[00:15.720 --> 00:20.920]  The report found that the military removed all references to a ban on inhumane techniques
[00:20.920 --> 00:26.160]  from training programs and practice manuals and even made some ban techniques standard
[00:26.160 --> 00:27.840]  operating procedure.
[00:27.840 --> 00:32.880]  The inquiry focused on the fatal beating of Baha Musa, but abuse is thought to have been
[00:32.880 --> 00:33.880]  systemic.
[00:33.880 --> 00:40.480]  With the nine his own job in 2012's election, President Barack Obama laid out a jobs package
[00:40.480 --> 00:44.640]  worth $447 billion before Congress last night.
[00:44.640 --> 00:48.840]  Obama said the plan which he called the American Jobs Act would jolt the country's
[00:48.840 --> 00:50.360]  alien economy.
[00:50.360 --> 00:56.120]  The economy is currently experiencing an official unemployment rate of 9.1%.
[00:56.120 --> 01:00.200]  The White House says the jobs package will be paid for with future cuts, but has not
[01:00.200 --> 01:03.280]  offered any details.
[01:03.280 --> 01:08.600]  Financial giant Bank of America, struggling with souring mortgage losses, is reportedly
[01:08.600 --> 01:12.160]  planning to cut roughly 40,000 positions.
[01:12.160 --> 01:17.920]  The job cuts, mainly in the consumer sector, may total about 10% of the bank's total employee
[01:17.920 --> 01:22.520]  count of 288,000 in the next two or three years.
[01:22.520 --> 01:26.800]  The U.S. said explicitly for the first time Thursday it would veto a Palestinian bid for
[01:26.800 --> 01:28.440]  full U.N. membership.
[01:28.440 --> 01:32.440]  The move drew an immediate rebuff for the Palestinians who vowed to press ahead.
[01:32.440 --> 01:36.760]  State Department spokeswoman Victoria Newland said the U.S. would use its veto power to
[01:36.760 --> 01:42.640]  block the bid, adding that Palestinian statehood could only be achieved by negotiations.
[01:42.640 --> 01:46.640]  While the U.S. has pledged to use its veto power, it has repeatedly made overtures favoring
[01:46.640 --> 01:48.600]  a two-state solution.
[01:48.600 --> 01:52.760]  U.S. rallies are planning Gaza and the occupied West Bank when the General Assembly meets
[01:52.760 --> 01:55.040]  in New York on September 19.
[01:55.040 --> 01:59.840]  Israel, fearing in Tifada, has begun arming and training settlers in combat.
[01:59.840 --> 02:04.400]  Palestinian diaspora and the supporters worldwide also plan to hold large protests in support
[02:04.400 --> 02:05.400]  of the bid.
[02:05.400 --> 02:11.240]  Turkish Prime Minister Tayyip Erdogan said Thursday worships will escort any Turkish
[02:11.240 --> 02:16.960]  aid vessels to Palestinians in the Gaza Strip, pledging, quote, our humanitarian aid will
[02:16.960 --> 02:19.160]  not be attacked anymore.
[02:19.160 --> 02:24.680]  Erdogan also said that Turkey has taken steps to stop Israel from unilaterally exploiting
[02:24.680 --> 02:28.240]  natural resources from the Eastern Mediterranean.
[02:28.240 --> 02:33.560]  The comments from Erdogan came as Turkey has downgraded diplomatic ties with Israel after
[02:33.560 --> 02:39.360]  last week's publication of the U.N. Palmer Commission report on the Marvi Mamadat raid.
[02:39.360 --> 02:44.360]  Israel has refused to apologize for the raid in which nine Turks, part of a convoy delivering
[02:44.360 --> 02:48.880]  aid to Gaza, were killed in international waters in May of 2010.
[02:48.880 --> 02:52.480]  The report described the raid as, quote, excessive and unreasonable.
[02:52.480 --> 02:57.480]  More details on these stories, visit INN4report.net.
[02:57.480 --> 03:09.480]  You are listening to the Rural Law Radio Network at RuralLawRadio.com.
[03:09.480 --> 03:16.480]  Live free speech talk radio at its best.
[03:39.480 --> 03:50.880]  Hi folks, good evening, this is the Friday Night Rural Law Radio Show.
[03:50.880 --> 03:57.120]  It is, as of today, September 9th, 2011.
[03:57.120 --> 03:58.280]  Randy and I are here tonight.
[03:58.280 --> 04:02.440]  Deborah has the night off for a while, hopefully she'll be back in later.
[04:02.440 --> 04:07.280]  And right now what we'd like to go into is some things Randy and I wanted to discuss regarding
[04:07.280 --> 04:15.120]  the proper procedures versus the proper politics of what the courts and everybody else are
[04:15.120 --> 04:16.520]  and are not doing.
[04:16.520 --> 04:18.920]  So Randy, you want to kick that off?
[04:18.920 --> 04:19.920]  Yes.
[04:19.920 --> 04:20.920]  That's fine.
[04:20.920 --> 04:28.040]  Yeah, I wanted to talk about due process and the political process.
[04:28.040 --> 04:36.000]  You know, I've talked a hit on this off and on in different shows, but I haven't really
[04:36.000 --> 04:42.920]  sat down and talked about it and I need to because a lot of the times when I explain
[04:42.920 --> 04:50.640]  something to you folks, it kind of organizes my own thinking on the subject.
[04:50.640 --> 04:59.360]  I've been doing the show for a number of years now and frankly for me it's been an evolution.
[04:59.360 --> 05:06.520]  I learn more and it seems the more you try to explain or teach someone else the more
[05:06.520 --> 05:17.400]  you tend to learn yourself and over time it's became clear that regardless of how much
[05:17.400 --> 05:25.560]  law and facts you have on your side, that is simply not enough to win the case.
[05:25.560 --> 05:34.720]  You have to get the politics on your side and as this evolves I look more and more toward
[05:34.720 --> 05:44.480]  the politics behind most everything that I'm doing and by that I mean outside the rule
[05:44.480 --> 05:53.480]  of law, outside the facts and the laws that applies to the facts.
[05:53.480 --> 06:00.480]  What are the pressures at work here and I've been writing some essays that I'll be posting
[06:00.480 --> 06:01.480]  on the website.
[06:01.480 --> 06:12.240]  I'm trying to put together a comprehensive set of essays on various subjects that go
[06:12.240 --> 06:13.480]  to this issue.
[06:13.480 --> 06:20.280]  One of them is you'll never win your case just because you have the law and the facts
[06:20.280 --> 06:22.840]  on your side.
[06:22.840 --> 06:29.680]  One of the ones I really enjoy is never speaking English in the courtroom.
[06:29.680 --> 06:33.280]  That's probably going to be one of Eddie's favorites.
[06:33.280 --> 06:38.720]  We go into the courtroom and they think they're speaking English but they're not.
[06:38.720 --> 06:45.520]  For tonight I want to talk about how to think about the politics of the case that you're
[06:45.520 --> 06:56.080]  in so that you can work not only to find the facts and the law but work the politics that
[06:56.080 --> 07:06.040]  will put the judge in a position where it's to his benefit to apply the law to the facts
[07:06.040 --> 07:12.360]  in a way that will serve your best intended outcome.
[07:12.360 --> 07:23.040]  And always I suggest that anyone who is before the court, before you walk into a courtroom,
[07:23.040 --> 07:28.640]  clarify in your mind what your purpose is.
[07:28.640 --> 07:34.760]  At the end of the day, what do I want to achieve at the end of this trial for whatever
[07:34.760 --> 07:42.880]  criminal, civil, whatever it is, what would for me be an equitable outcome, and for this
[07:42.880 --> 07:51.680]  day at this hearing, what would be a satisfactory outcome?
[07:51.680 --> 07:58.360]  If you don't know that, you have no clue if you want or not.
[07:58.360 --> 08:10.560]  But by doing that, by carefully analyzing and sorting things out and determining where
[08:10.560 --> 08:18.880]  it is you need to go, what you need to accomplish today to get you closer to your ultimate outcome,
[08:18.880 --> 08:24.360]  that way you'll have some way to gauge your progress.
[08:24.360 --> 08:28.920]  If you don't know where you're going, how are you going to know if you've achieved
[08:28.920 --> 08:30.720]  your goal or not?
[08:30.720 --> 08:37.920]  If you don't know what you're trying to achieve, how will you know when something the prosecutor
[08:37.920 --> 08:46.080]  says or the judge says or even a witness, how are you going to know when it's irrelevant?
[08:46.080 --> 08:51.160]  How are you going to know what arguments to pick up on that the prosecutor brings and
[08:51.160 --> 08:54.640]  which ones to leave alone?
[08:54.640 --> 08:59.080]  How are you going to know what arguments to bring yourself to lead you toward your intended
[08:59.080 --> 09:00.080]  outcome?
[09:00.080 --> 09:05.680]  So first thing, what do you want?
[09:05.680 --> 09:06.720]  Figure that out first.
[09:06.720 --> 09:09.000]  Fix it in your mind.
[09:09.000 --> 09:13.960]  This will protect you from your relevancy.
[09:13.960 --> 09:22.840]  Who says people who are not legal professionals and don't go in and do this all day every
[09:22.840 --> 09:32.760]  day where we lack a certain number of skills and focus is one of them.
[09:32.760 --> 09:37.520]  When you go in to make a legal point, all the prosecutor has to do or the attorney on
[09:37.520 --> 09:42.440]  the other side is just throw some rock at you.
[09:42.440 --> 09:49.880]  And if you're not very careful, you won't recognize that the rock is unimportant and
[09:49.880 --> 09:54.880]  you'll jump to the defense.
[09:54.880 --> 10:01.080]  If you know where you're going and you keep that focused in your mind, it will remind
[10:01.080 --> 10:05.920]  you each time the prosecutor brings up an issue.
[10:05.920 --> 10:12.720]  It will remind you to think about is that issue important?
[10:12.720 --> 10:19.800]  Does that issue go to the issues before the court?
[10:19.800 --> 10:27.760]  Do I need to respond to the issue so that you wind up only responding to the issues
[10:27.760 --> 10:28.760]  that you need to?
[10:28.760 --> 10:32.520]  We're not going to talk about objections tonight.
[10:32.520 --> 10:39.680]  We probably need to do a full show on objections, but tonight I'm going to talk mainly about
[10:39.680 --> 10:45.360]  focus and the political process.
[10:45.360 --> 10:51.960]  In law, we have some, the law is like a tech manual.
[10:51.960 --> 10:54.760]  It's very specific.
[10:54.760 --> 11:00.320]  And a lot of us legal researchers, we get out there and we dig through the law and
[11:00.320 --> 11:07.760]  we find all of these neat cases and all of these legal maneuvers and we have a lot of
[11:07.760 --> 11:13.760]  guys out there that fight a legal maneuver and they treat it like a silver bullet.
[11:13.760 --> 11:21.200]  Just go in and wave your magic wand this way and wave it that way and you reach the end
[11:21.200 --> 11:24.160]  of your rainbow and nothing flat.
[11:24.160 --> 11:27.960]  You save this just the right way.
[11:27.960 --> 11:35.440]  And to judge up there, he knows the secret code and if you can figure out this secret
[11:35.440 --> 11:41.320]  code and figure out, no, just exactly how to say it while he'll just jump through hoops
[11:41.320 --> 11:43.820]  for you.
[11:43.820 --> 11:49.160]  And all of those guys who are proclaiming that, I want to ask them, how's that worked
[11:49.160 --> 11:52.040]  for you so far, Bubba?
[11:52.040 --> 11:55.040]  I said, my experience, I haven't seen it work.
[11:55.040 --> 11:57.840]  I do hear stories about it working.
[11:57.840 --> 12:04.440]  But when I ask for verification or clarification, all I get are more stories.
[12:04.440 --> 12:12.760]  So in the end, when we go to court, all we have is the law, the facts and the politics.
[12:12.760 --> 12:24.360]  You and I as proceeds, we have to go into court with the understanding that the courts
[12:24.360 --> 12:28.120]  are absolutely corrupt.
[12:28.120 --> 12:36.040]  The courts are so totally corrupt that they will rule against you out of hand at every
[12:36.040 --> 12:37.040]  turn.
[12:37.040 --> 12:43.520]  Okay, maybe they're not absolutely totally corrupt and maybe they won't rule against
[12:43.520 --> 12:47.480]  you out of hand at every turn.
[12:47.480 --> 12:57.080]  However, if you act as if they will, if you treat your cases as if the judge will rule
[12:57.080 --> 13:03.560]  against you at every turn, it will give you a different perspective.
[13:03.560 --> 13:09.200]  It will help you to design your outcomes more effectively.
[13:09.200 --> 13:14.760]  And it will also protect you from feeling so defeated just because the judge ruled against
[13:14.760 --> 13:16.960]  you.
[13:16.960 --> 13:22.040]  Each ruling in the case is just one little battle.
[13:22.040 --> 13:25.240]  We don't care about the battles.
[13:25.240 --> 13:28.440]  We want to win the war in the end.
[13:28.440 --> 13:37.400]  So we need to keep our focus together and remember in the courtroom as Dr. Graves says,
[13:37.400 --> 13:43.000]  we are merely setting the record for appeal.
[13:43.000 --> 13:51.800]  The trial court and the court of appeals live in two totally different worlds.
[13:51.800 --> 13:57.880]  The trial court can pretty well rule against you with impunity.
[13:57.880 --> 14:04.800]  The appeals court, on the other hand, their rulings make law and they have to be careful
[14:04.800 --> 14:13.920]  about the bogus and outrageous rulings they give because everybody can use those rulings
[14:13.920 --> 14:18.080]  and they can wind up totally undermining the legal system.
[14:18.080 --> 14:29.400]  So while I expect the appeals court to be as corrupt as the trial court, the appeals
[14:29.400 --> 14:35.800]  court does have other considerations that give us opportunities we don't have in the
[14:35.800 --> 14:38.040]  trial court.
[14:38.040 --> 14:45.200]  So courts are corrupt, they're going to rule against you out of hand at every turn and
[14:45.200 --> 14:51.680]  in the trial court you are merely setting the record for appeal.
[14:51.680 --> 15:04.320]  Now let's go to how can we give the trial court judge reason to rule in our favor.
[15:04.320 --> 15:15.920]  One thing we need to do is write pleadings that don't look like some pro se ignorant
[15:15.920 --> 15:21.400]  uneducated backwoods hick wrote it.
[15:21.400 --> 15:33.960]  And another one, we want it to not look like some highly focused, fanatically focused radical
[15:33.960 --> 15:36.960]  wrote it.
[15:36.960 --> 15:41.480]  Whenever I write a pleadings, the only way I want that judge to know that an attorney
[15:41.480 --> 15:49.440]  didn't write it is when he doesn't see an attorney signature at the end.
[15:49.440 --> 16:01.280]  I never open a case with anything but now comes plaintiff, complainants, defendant, whatever.
[16:01.280 --> 16:02.280]  That's all.
[16:02.280 --> 16:09.120]  I don't do any of this man on the land, single sovereign, blah, blah, blah.
[16:09.120 --> 16:13.200]  I mean that's kind of like hitting yourself in the head with a hammer because it feels
[16:13.200 --> 16:15.200]  so good when you stop.
[16:15.200 --> 16:19.480]  The problem is you get the judge hitting yourself, hitting you in the head with a hammer because
[16:19.480 --> 16:27.680]  now he thinks you're a wacko whether you are or not and you create unnecessary fights.
[16:27.680 --> 16:36.160]  And creating unnecessary fights is a product of lack of focus, the lack of holding a specific
[16:36.160 --> 16:37.160]  outcome.
[16:37.160 --> 16:43.320]  This is Randy Kelton, Deborah Stevens, Eddie Craig with the radio.
[16:43.320 --> 16:46.240]  This is our four hour info marathon.
[16:46.240 --> 16:53.320]  We'll be back on the other side and I will continue with my little diatribe about the
[16:53.320 --> 16:54.320]  politics of law.
[16:54.320 --> 16:55.320]  We'll be right back.
[16:55.320 --> 17:11.400]  In the 80s, they did it to Reagan, a debt ceiling compromise, Democrats promising spending
[17:11.400 --> 17:14.400]  cuts, delivering only tax items.
[17:14.400 --> 17:21.160]  The 90s brought more compromises, more broken promises, and more new taxes.
[17:21.160 --> 17:29.600]  This August, the next chapter will be written, a defining moment, 14 trillion in debt, business
[17:29.600 --> 17:32.440]  unemployed, the dollar in decline.
[17:32.440 --> 17:38.240]  We know where they stand, but will our party's leaders repeat the mistakes of the past?
[17:38.240 --> 17:42.400]  Will they choose compromise or conviction?
[17:42.400 --> 17:45.000]  One candidate has always been true.
[17:45.000 --> 17:50.520]  Ron Paul, cut spending, balance the budget, no deals.
[17:50.520 --> 17:56.760]  Standing up to the Washington machine, guided by principle, restore America now.
[17:56.760 --> 18:00.400]  I'm Ron Paul and I approve this message.
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[18:49.680 --> 18:57.440]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[18:57.440 --> 19:04.440]  To learn how to stop debt collectors, now.
[19:27.440 --> 19:38.440]  It's spinning like it's out of control, on the edge of a hole inside a deep dark dome.
[19:38.440 --> 19:49.440]  I'm always on the lookout for something that suits my soul, and so I sit back and I watch
[19:49.440 --> 19:53.440]  the ever-death sun fall, and I see justice as the door.
[19:53.440 --> 19:58.440]  Hi folks, good evening, we are back, this is ruleoflawradio, this is our Friday night
[19:58.440 --> 20:01.040]  four hour info marathon.
[20:01.040 --> 20:06.560]  Right now we are discussing some issues, Randy's giving a presentation on the political side
[20:06.560 --> 20:13.680]  of law versus the due process side of law, and what we're trying to do to basically get
[20:13.680 --> 20:19.080]  some things going for us by getting them to stir it up against each other.
[20:19.080 --> 20:20.560]  So Randy, please continue.
[20:20.560 --> 20:27.200]  Okay, a lot of what I talk about on the air, people listen to it and it sounds somewhat
[20:27.200 --> 20:34.160]  radical sometimes, but I'm going to try to give an idea of some of the method behind
[20:34.160 --> 20:38.800]  the madness.
[20:38.800 --> 20:48.680]  Everybody knows that I research law, but law is not my primary interest, law is something
[20:48.680 --> 20:55.200]  I fell into as much by necessity as anything else.
[20:55.200 --> 21:09.280]  My primary research is psychology, and unlike most psychologists and those who study psychology,
[21:09.280 --> 21:17.520]  my interest is not abnormal psychology, my interest is normal psychology.
[21:17.520 --> 21:28.280]  How do ordinary human beings function in ordinary everyday situations?
[21:28.280 --> 21:33.440]  It would seem that all these people studying psychology, it would seem that they would
[21:33.440 --> 21:47.480]  go there first, but I have in all my research, I have yet to find a complete study of normal
[21:47.480 --> 21:50.040]  behavior.
[21:50.040 --> 21:57.240]  Everything goes to abnormal behavior or ab reaction in behavior, not to this is how normal
[21:57.240 --> 22:07.560]  people function, and in designing a way to approach the courts, we need to understand
[22:07.560 --> 22:15.320]  that the judge, the prosecutor, the police officer, your attorney, they're all human
[22:15.320 --> 22:25.120]  beings just like you and me, maybe not just like the world, okay, okay, I qualified it,
[22:25.120 --> 22:34.960]  but they have pressures on them that do not necessarily have anything to do with our best
[22:34.960 --> 22:35.960]  interest.
[22:35.960 --> 22:45.240]  I know when we go to school, they teach us that this is a land of law and all our public
[22:45.240 --> 22:53.320]  officials are our servants, they're there to serve us, yeah, I've heard all that rhetoric,
[22:53.320 --> 23:00.320]  but in the real world I live in, a policeman goes into police work because he wants to
[23:00.320 --> 23:01.320]  help people.
[23:01.320 --> 23:09.280]  And then he gets out there on the streets and he learns some incredible lessons about
[23:09.280 --> 23:12.280]  human nature.
[23:12.280 --> 23:21.680]  He comes to realize that people aren't always on their best behavior, and being a policeman,
[23:21.680 --> 23:28.360]  he tends to deal with people at their worst for the most part when they are out of their
[23:28.360 --> 23:37.520]  element, except for those occasions where he deals with the truly professional criminal.
[23:37.520 --> 23:44.440]  For the most part, when he deals with one of us, one of the ordinary people who almost
[23:44.440 --> 23:49.440]  go through most of their lives and never have any interaction with the police other than
[23:49.440 --> 23:54.680]  to walk past one on the street or drive past one in the car, when he deals with one of
[23:54.680 --> 24:01.680]  us, he is so accustomed to spending 80% to 90% of his time dealing with the chronic criminal
[24:01.680 --> 24:12.200]  that they don't always make a clear separation between the chronic criminal and the ordinary
[24:12.200 --> 24:14.200]  everyday law-abiding citizen.
[24:14.200 --> 24:21.280]  I just got an email from some folks that want me to come back to California and do a presentation
[24:21.280 --> 24:28.000]  for them because their raw milk business got rated recently.
[24:28.000 --> 24:37.000]  In a public business, open for public during the day, state and federal police charged into
[24:37.000 --> 24:45.560]  this place in a full-scale assault, guns drawn in their hands, what in the world is going
[24:45.560 --> 24:46.560]  on?
[24:46.560 --> 24:48.840]  Are these guys out of their minds?
[24:48.840 --> 24:50.340]  Is this what we...
[24:50.340 --> 24:54.600]  What are these people thinking?
[24:54.600 --> 25:03.280]  What do we have to do to people who go into a profession for the purpose of helping people?
[25:03.280 --> 25:08.960]  What has to happen to them that we can whip them up into a circumstance to where they
[25:08.960 --> 25:16.200]  would charge into a public building with guns in their hands?
[25:16.200 --> 25:26.240]  Eddie, when you were a peace officer, could you take out your weapon and tell me precisely
[25:26.240 --> 25:32.200]  how many ounces or half ounces of pull it took to discharge that weapon when it was
[25:32.200 --> 25:34.840]  cocked into safety off?
[25:34.840 --> 25:36.600]  Yes.
[25:36.600 --> 25:42.760]  I have never asked a policeman that who could tell me the answer.
[25:42.760 --> 25:49.280]  I was certain he would know it, but I've had him look at me like, huh?
[25:49.280 --> 25:50.440]  Yeah.
[25:50.440 --> 25:56.760]  Most officers that actually purchased their own weapon and become sufficiently good at
[25:56.760 --> 26:00.840]  using it knows everything about that gun, including what his trigger pull was set to
[26:00.840 --> 26:06.240]  because they usually have a machine for that purpose by almost two and a half pounds.
[26:06.240 --> 26:11.160]  Well, I've asked a number of policemen and they look at me like I just stepped off of
[26:11.160 --> 26:13.560]  Mars.
[26:13.560 --> 26:21.840]  You really need to know what it takes to cause that weapon to discharge and when you're
[26:21.840 --> 26:30.000]  pointing it as another human being, for me, when a weapon is pointed at me, that's a near
[26:30.000 --> 26:33.000]  death experience.
[26:33.000 --> 26:40.480]  I don't know how other people can see it, but that's in your death experience.
[26:40.480 --> 26:45.800]  My life is right on the tip of this guy's finger.
[26:45.800 --> 26:53.600]  If he steps toward me and stumbles, somebody bump into him.
[26:53.600 --> 26:55.040]  He could kill me in a heartbeat.
[26:55.040 --> 27:00.320]  No, he would be terribly sorry, but these policemen know that.
[27:00.320 --> 27:02.920]  What does it take?
[27:02.920 --> 27:09.400]  So we have to understand these policemen live in a different world than we do.
[27:09.400 --> 27:18.840]  And when I talk about policemen being trained in Tesla line, it's because they all live
[27:18.840 --> 27:27.920]  in this special world in this and they've drawn this thin blue line around themselves
[27:27.920 --> 27:37.720]  and they've been trained and nurtured to consider us as the civilian population.
[27:37.720 --> 27:40.640]  But we're not the civilian population.
[27:40.640 --> 27:43.560]  This is not an occupied country.
[27:43.560 --> 27:47.920]  And if we're going to stop the police from acting the way they're acting, first we have
[27:47.920 --> 27:53.600]  to understand who they are, what they are, what pressures exist on them and change those
[27:53.600 --> 27:54.600]  pressures.
[27:54.600 --> 28:03.080]  A lawyer goes to school for six years or eight years, whatever it is, he gets out in the
[28:03.080 --> 28:09.600]  real world, and I don't know a single attorney who went to college for six or eight years
[28:09.600 --> 28:17.000]  so that he could spend the rest of his professional career kissing some arrogant judges behind,
[28:17.000 --> 28:23.320]  but that's what he finds in the real world that he winds up living in.
[28:23.320 --> 28:29.520]  He either sucks up to these judges or they will put him out of business.
[28:29.520 --> 28:35.120]  When you hire an attorney to represent you, don't even imagine that that attorney is going
[28:35.120 --> 28:43.320]  to be willing to risk his professional career to adequately adjudicate your rights unless
[28:43.320 --> 28:49.040]  you make his career even more tenuous if he doesn't.
[28:49.040 --> 28:55.240]  Prosecuting attorneys, they see people all day, every day over and over and over and
[28:55.240 --> 29:01.080]  over, all high benefits are driven, snow, the dirt run covers, they lie, they cheat, they
[29:01.080 --> 29:04.920]  planted that on me, that ten pounds of dope, they planted it on me, when I wasn't looking.
[29:04.920 --> 29:09.880]  You know, they hear this all day, every day, you know, when you go to them and tell them
[29:09.880 --> 29:16.680]  the absolute truth, you know, they've heard this about ten, twenty times today, same stuff
[29:16.680 --> 29:19.980]  over and over, they could tell us.
[29:19.980 --> 29:26.700]  are the same way. They hear the same stories, the same testimony over and over. And it gets
[29:26.700 --> 29:31.780]  old after a while and they lose their sensitivity to the sovereign.
[29:31.780 --> 29:39.660]  And in the next section, I'm going to talk about how to reawaken that sensitivity to
[29:39.660 --> 29:49.500]  the sovereign. And about two more segments and then we'll open the phone lines for calls
[29:49.500 --> 30:00.020]  to 512-646-1984. Tonight we'd like to play Stubb the Chops. We'll be right back.
[30:00.020 --> 30:05.420]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[30:05.420 --> 30:10.100]  The government says that fire brought it down. However, 1,500 architects and engineers have
[30:10.100 --> 30:14.380]  concluded it was a controlled demolition. Over 6,000 of my fellow service members have
[30:14.380 --> 30:17.900]  given their lives. And thousands of my fellow force respond as they play.
[30:17.900 --> 30:21.740]  I'm not a conspiracy theorist. I'm a structural engineer. I'm a New York City correctionalist.
[30:21.740 --> 30:26.420]  I'm an Air Force pilot. I'm a father who lost his son. We're Americans. And we deserve
[30:26.420 --> 30:32.140]  the truth. Go to RememberBuilding7.org today.
[30:32.140 --> 30:37.100]  Were you born into Generation X? How about Generation Y? Are you a baby boomer? Or maybe
[30:37.100 --> 30:42.060]  you're a millennial. Mammoth stuff gets confusing, but don't worry. I'm Dr. Catherine Albrecht
[30:42.060 --> 30:45.820]  and I'll be back with a new high-tech way to sort it all out.
[30:45.820 --> 30:50.500]  Privacy is under attack. When you give up data about yourself, you'll never get it back
[30:50.500 --> 30:56.100]  again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:56.100 --> 31:01.700]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy,
[31:01.700 --> 31:07.380]  it's worth hanging on to. This public service announcement is brought to you by StartPage.com,
[31:07.380 --> 31:14.900]  the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[31:14.900 --> 31:20.060]  Talking about my generation. Want to know your generation? Your technology
[31:20.060 --> 31:24.500]  use says a lot more than the year you were born. Say bloggers Penelope Tronk and Margaret
[31:24.500 --> 31:29.180]  Weigel. And they've developed this short quiz to prove it. Ever made a web page for someone
[31:29.180 --> 31:36.060]  else? Watch YouTube videos? De-text your friends. Use Facebook daily. Email your parents. Download
[31:36.060 --> 31:41.460]  music from the web. Post photos online. The more yes answers, the younger your crowd.
[31:41.460 --> 31:46.380]  And if you scored close to zero, chances are you're a baby boomer. Obviously, this quiz
[31:46.380 --> 31:50.740]  leaves out younger leadites and older tech lovers, but it comes pretty close for the
[31:50.740 --> 32:18.420]  rest of us. I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[32:20.740 --> 32:37.460]  Okay, we're back. When you talk to me, you get a great view of the radio. And we're talking
[32:37.460 --> 32:47.340]  about what it's like to live as a prosecutor, an attorney, a police officer, a judge. They
[32:47.340 --> 32:54.900]  don't live in the same world we do. They are professionals. They do the same thing all
[32:54.900 --> 33:06.420]  day, every day. And on the extremely rare occasion that we get called into their world, we expect
[33:06.420 --> 33:14.660]  them to act and react the same way we do in the world that we live in. And when they don't,
[33:14.660 --> 33:25.900]  we feel surprised, we feel betrayed, and we feel injured. We need to get over that. We
[33:25.900 --> 33:33.300]  need to understand that these people don't live in the same world we do, that their constant
[33:33.300 --> 33:44.980]  exposure to the 10% of the population that does 90% of the crime causes them to forget
[33:44.980 --> 33:55.180]  that the other 90% of the population are the good guys. And if we are ever to have justice,
[33:55.180 --> 34:00.980]  we will have justice by the making of justice and the demanding of justice, not by going
[34:00.980 --> 34:06.540]  in there and getting their feet insert, not by going in there with false and unrealistic
[34:06.540 --> 34:14.140]  expectations, and certainly not by thinking that these people are there to serve us and
[34:14.140 --> 34:24.660]  to help us. They are not, not the judge, not the prosecutor, and especially not your attorney.
[34:24.660 --> 34:34.140]  Now, let's talk a little bit about your attorney. Your attorney is operating a business and
[34:34.140 --> 34:40.540]  he's operating a business for profit. So, you are the client, you're the paying into
[34:40.540 --> 34:47.860]  the business, but you are not the most important consideration because you are merely one of
[34:47.860 --> 34:58.260]  many clients. A busy attorney will have 350 clients at one time. So, if he loses the client,
[34:58.260 --> 35:05.180]  he'll find another one. But if he gets the judge really peo'd at him, he's going to
[35:05.180 --> 35:13.980]  have to go back before that judge on a regular basis. And that he is not going to let happen.
[35:13.980 --> 35:21.460]  But even if it means throwing you to the wolves, and anybody who's been through the system
[35:21.460 --> 35:26.420]  is aware that the attorneys will do that on a regular basis. However, when they talk to
[35:26.420 --> 35:31.700]  you, they start out being a salesman. Oh, yeah, you've got a great case. Absolutely.
[35:31.700 --> 35:35.940]  Well, we can win this one. We'll take care of you. You know, everything can be all right.
[35:35.940 --> 35:43.940]  Don't worry about it. Until they get your money in their hand. Now they got your money.
[35:43.940 --> 35:49.540]  Now it's less urgent for them to take care of your problems. Now they go back to business
[35:49.540 --> 35:57.260]  as usual. Just listening to the show itself and hearing the people come on. How many times
[35:57.260 --> 36:03.380]  have you heard that I hired an attorney or I had an attorney appointing to me? And the
[36:03.380 --> 36:09.780]  first time he spoke to me was the day before trial. He just told me what deal I had to
[36:09.780 --> 36:13.980]  take. And if I didn't take it, he told me all the horrible things that were going to
[36:13.980 --> 36:20.540]  happen to me. Well, my attorney never talked to me. My attorney takes my records and won't
[36:20.540 --> 36:26.540]  give me my records. My attorney doesn't believe me. We just talk to people. My attorney went
[36:26.540 --> 36:36.460]  into court and argued for the prosecutor. And we're astounded by that. And somehow surprised.
[36:36.460 --> 36:41.700]  We don't understand where the attorney lives. The attorney deals with the prosecutor all
[36:41.700 --> 36:48.900]  day, every day. Now we look him up in the phone book and pay him a visit later. Yeah.
[36:48.900 --> 36:52.980]  That's where he lives. Yeah, that's where he lives. I got that's not where I'm talking
[36:52.980 --> 36:58.940]  about where he lives. I'm talking about where he lives professionally. And once we sort
[36:58.940 --> 37:06.980]  out where he lives professionally, we know better what the politics are. The attorney
[37:06.980 --> 37:17.980]  has a relatively high malpractice insurance he needs. He has to pay. And he has judges
[37:17.980 --> 37:25.740]  he has to satisfy prosecutors he has to satisfy police officers. He sees the same ones over
[37:25.740 --> 37:30.420]  and over and he don't want them upset at him because they don't want them pounding his
[37:30.420 --> 37:37.300]  clients too hard. He wants to be able to kind of coax them into not pressing too hard against
[37:37.300 --> 37:45.300]  his clients. So he has to play politics with everybody and especially the judges. He's
[37:45.300 --> 37:51.340]  not going to do anything to annoy the judge. Now he may annoy the prosecutor on occasion.
[37:51.340 --> 37:56.620]  But he's not going to do anything to make that judge angry at him. The prosecutor for
[37:56.620 --> 38:05.940]  his part. It's his job to prosecute. It's his job to get his criminal docket cleared.
[38:05.940 --> 38:11.940]  That's his first priority. I realize what the code of criminal procedure says under
[38:11.940 --> 38:17.900]  duties of officers. It shall be the primary duty to prosecute an attorney not to secure
[38:17.900 --> 38:26.060]  conviction but to ensure that justice is served. Well, that's nice, high-minded rhetoric.
[38:26.060 --> 38:32.540]  But in the real world a prosecutor lives in. He's got cases on his desk and they're stacking
[38:32.540 --> 38:43.620]  up every day. He needs to clear the case log. And he needs to create cash flow for the county
[38:43.620 --> 38:51.180]  so in his administration the county doesn't have to ask the taxpayer for more money. So
[38:51.180 --> 38:59.740]  how does he do this? He does this by orchestrating the deal, getting everybody to take the deal.
[38:59.740 --> 39:07.220]  Every step from arrest to trial as currently practiced in Texas is designed to put anyone
[39:07.220 --> 39:15.340]  accused of crime in a position such that they have no reasonable option to taking a deal.
[39:15.340 --> 39:21.780]  That may not be right, but that's how it works. That's how it's done in Texas and most every
[39:21.780 --> 39:27.540]  other state I've ever been to because the prosecutors in every state are subject to
[39:27.540 --> 39:35.020]  the same pressures. The police are subject to the same pressures to secure arrests, prosecutors
[39:35.020 --> 39:43.980]  to secure conviction, clear his docket. The judge, he wants his docket cleared. He doesn't
[39:43.980 --> 39:51.620]  want to spend his time in there listening to the same kinds of cases, the same arguments,
[39:51.620 --> 39:57.980]  the same complaining, the same, oh, judge, I've been listening to them snow over and
[39:57.980 --> 40:05.340]  over and over. He wants these things cleared off his docket. That's the reality of what
[40:05.340 --> 40:13.380]  we're dealing with. So what do we do about it? Well, we realize that there are tools
[40:13.380 --> 40:24.260]  we can use to disrupt their comfortable and even flow of revenue generation. And we can
[40:24.260 --> 40:34.340]  put bumps in their otherwise spotless careers. Your counsel, you have bar grievances, of
[40:34.340 --> 40:42.620]  course. You also have criminal charges and malpractices, prosecuting attorneys. You have
[40:42.620 --> 40:48.900]  bar grievances against him. You have the American Bar Association standard for the prosecutorial
[40:48.900 --> 40:56.540]  function that you've been grieving from. You have the statutory penal code you can hold
[40:56.540 --> 41:05.740]  in true. And you can throw paperwork in his path that he will trip over and it will slow
[41:05.740 --> 41:12.860]  down his ability to clear his docket. That's his biggest problem. Police officers, they
[41:12.860 --> 41:21.180]  are terrified of prosecutors and judges. So if you can do something to annoy a prosecutor
[41:21.180 --> 41:27.540]  or a judge and blame it on the police officer, they're going to read that police officer
[41:27.540 --> 41:36.020]  a new one. Or if you can show that the police officer did something improper and implied
[41:36.020 --> 41:42.700]  that the prosecutor knew it and the judge knew it and acted and supported this officer anyway
[41:42.700 --> 41:51.140]  when in fact they didn't. It's always nice to go after the innocent party. We'll do one
[41:51.140 --> 41:59.620]  more segment on this. And in the next segment, I'm going to talk about bar grievances, judicial
[41:59.620 --> 42:07.300]  conduct complaints, professional complaints against police officers, and how and where
[42:07.300 --> 42:14.900]  and when to file those, criminal complaints against all these individuals, and some other
[42:14.900 --> 42:25.620]  tools we can use in like a court of inquiry and complaints in the Fed to enforce due process
[42:25.620 --> 42:33.100]  in the state. The rule of thumb is you want to go after a federal officer in the state
[42:33.100 --> 42:45.140]  and the state officer in the Fed. So we do our best to find pressure somewhere outside
[42:45.140 --> 42:53.940]  the normal set of routines that the individuals have to deal with. They come to work and they
[42:53.940 --> 43:01.940]  get on this treadmill and they just trudge along one foot plodding after the other. You're
[43:01.940 --> 43:07.660]  on or the defendant did this, that, and the other. We offer them this deal, blah, blah,
[43:07.660 --> 43:12.740]  blah. They run through these whole routines all the time. We want to cause them to trip
[43:12.740 --> 43:21.260]  a little bit. We want to throw something in their path that creates the appearance of
[43:21.260 --> 43:32.340]  a threat to their easy day, to their routine, or to their professional careers. That's when
[43:32.340 --> 43:38.700]  we'll get attention. That's when we'll get things thrown out. That's when we'll get justice.
[43:38.700 --> 43:43.220]  This is Randy Kelton, James Dean, and Danny Craig. You're on the radio. You want to start
[43:43.220 --> 43:49.060]  calling in now. I'm going to do one more segment and then we'll start taking calls. Call in
[43:49.060 --> 43:56.060]  number. It's 512-646-1984. We'll be right back.
[43:56.060 --> 44:06.300]  The Oakland City bombing, top 10 reasons to question the official story. Reason number
[44:06.300 --> 44:12.540]  two, why was the ATF AWOL? Paramedic Tiffany Bible, who's on the scene within five minutes,
[44:12.540 --> 44:17.260]  has stated in an affidavit that agents of the Bureau of Alcohol, Tobacco, and Firearms told
[44:17.260 --> 44:21.660]  her that they were not in their office that much. EMT Catherine Mallet also overheard
[44:21.660 --> 44:27.180]  one agent say to another, close, is that why we got the page to not come in today?
[44:27.180 --> 44:31.900]  Bruce Shaw, as interviewed on KSOL or TV, was also told by ATF agents that they had
[44:31.900 --> 44:38.180]  been paid to not come into work. The ATF initially denied these claims and now variously claim
[44:38.180 --> 44:42.020]  that one of their agents was in a free falling elevator which has been disproven, or that
[44:42.020 --> 44:46.220]  they'd been in an all night stick out, or that they'd been at a golf tournament. As
[44:46.220 --> 44:50.580]  they tried to sort out their lies, all we want to know is, did the ATF receive a warning
[44:50.580 --> 44:56.780]  and if so, why did they not pass it on to others in the more world? For more information,
[44:56.780 --> 44:58.780]  go to okcbombandtruth.com.
[44:58.780 --> 45:07.340]  Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Jurisdictionary,
[45:07.340 --> 45:13.740]  the affordable, easy to understand four CD course that will show you how in 24 hours,
[45:13.740 --> 45:19.580]  step by step. If you have a lawyer, know what your lawyer should be doing. If you don't
[45:19.580 --> 45:24.500]  have a lawyer, know what you should do for yourself. Thousands have won with our step
[45:24.500 --> 45:31.580]  by step course and now you can too. Jurisdictionary was created by a licensed attorney with 22
[45:31.580 --> 45:37.020]  years of case winning experience. Even if you're not in a lawsuit, you can learn what
[45:37.020 --> 45:43.340]  everyone should understand about the principles and practices that control our American courts.
[45:43.340 --> 45:49.460]  We'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.460 --> 45:56.220]  pro se tactics and much more. Please visit ruleoflawradio.com and click on the banner.
[45:56.220 --> 46:22.220]  Or call toll-free 866-LAW-E-Z.
[46:22.220 --> 46:51.900]  Okay, we're back. Randy Keltman, Pepper Stevens, Eddie Craig, a little low radio.
[46:51.900 --> 47:02.260]  And a lot of times I talk about going after public officials and I know a lot of people
[47:02.260 --> 47:10.060]  listen to that and they like the idea of it. But when I ask someone in particular to go
[47:10.060 --> 47:21.060]  after a public official, immediately they tense up and they're concerned with retaliation.
[47:21.060 --> 47:29.940]  They're used to interacting with these public officials and whenever they try to express
[47:29.940 --> 47:42.900]  their position, they find that these officials are very quick to enter into confrontation.
[47:42.900 --> 47:50.220]  And we have to understand, they do this all day every day. And for the most part, they
[47:50.220 --> 48:01.300]  are very good at confrontation. And what I primarily try to teach is not to confront
[48:01.300 --> 48:10.340]  these people. Lead them. Lead them either directly or indirectly and from my part it's
[48:10.340 --> 48:19.900]  better to lead them indirectly. Do what you're going to do through the mail if it's at all
[48:19.900 --> 48:26.540]  possible. If you have motions to file, send them in the mail and send a cover letter to
[48:26.540 --> 48:33.100]  the clerk. Always when you file a motion or any document, include a cover letter with
[48:33.100 --> 48:38.980]  it, instructing the person who gets it and what they are to do with it. Now, we don't
[48:38.980 --> 48:51.300]  care what they really do, but we have the documentation as record. On my website, Jurisimprovements.com,
[48:51.300 --> 48:58.940]  you will find information requests. And if you read those requests, they've been very
[48:58.940 --> 49:05.860]  carefully structured based on the kinds of responses I've gotten from public officials
[49:05.860 --> 49:12.940]  when I file requests. And I've tried to handle most of the most common responses I get from
[49:12.940 --> 49:21.860]  them. So when you file an information request and the other side doesn't respond within
[49:21.860 --> 49:30.340]  the allotted time, or they deny you the records without sending a request to the Attorney
[49:30.340 --> 49:41.700]  General, or they simply ignore it, the one thing I caution everyone from doing, do not
[49:41.700 --> 49:55.300]  call them up and read them the riot act. Do not give them sage and polite legal advice.
[49:55.300 --> 50:00.980]  They've heard all this before. Do not try to mason with them. They have a deal with this
[50:00.980 --> 50:08.300]  all of the time. Just write up a criminal complaint and send it to the prosecution attorney,
[50:08.300 --> 50:17.020]  accusing them of violating the technical letter of the law. Now, when I mention this, people
[50:17.020 --> 50:24.020]  are concerned that these guys might come back after. Well, I can assure you they will not,
[50:24.020 --> 50:32.380]  especially with things that above the policeman level, things that are more administrative
[50:32.380 --> 50:42.580]  in nature, you're going after them with paperwork. And that's what they're not used to dealing
[50:42.580 --> 50:51.820]  with. They're used to talking to you and used to arguing with you and dealing with you.
[50:51.820 --> 50:57.180]  They do this all the time. But when they get the paperwork, they're not so accustomed to
[50:57.180 --> 51:04.780]  that, especially if you can find a place where they've stepped over a legal line. And for
[51:04.780 --> 51:14.020]  my part, the more minuscule and technical, the better. I never want to wait until a public
[51:14.020 --> 51:20.780]  official has done something really horrendous to file a complaint against it. I want to
[51:20.780 --> 51:27.100]  file a complaint against him first crack out of the hat at the very first opportunity.
[51:27.100 --> 51:32.420]  I'm not going to give him legal advice. I'm not going to tell him what the law says, what
[51:32.420 --> 51:39.540]  he should do, what he ought to do. I'm going to tell him what I want him to do. And if
[51:39.540 --> 51:46.660]  he fails to do it, then I'm going to file a complaint with someone other than him so
[51:46.660 --> 51:51.140]  that someone else will call him and question him of why did you do this or why did you
[51:51.140 --> 51:58.980]  do that. Now he's answering to someone else. Now you've made him look bad. If he's a police
[51:58.980 --> 52:07.380]  officer, he's going to complain to the sheriff or to his chief of police, whoever the head
[52:07.380 --> 52:16.500]  of the agency is, because you are the sovereign. You only deal with heads of agencies. I'd
[52:16.500 --> 52:25.220]  never file complaints with internal affairs. Internal affairs is simply a public relations
[52:25.220 --> 52:34.900]  agency for the police. They're in there to settle you down and solve this problem without
[52:34.900 --> 52:41.100]  any involvement with the police officer without anything happening to them. I was directed
[52:41.100 --> 52:48.140]  to internal affairs in Fort Worth by a judge. And so I went to internal affairs and they
[52:48.140 --> 52:54.900]  gave me this voluntary statement. I filled it out, handed it to them, and attached to
[52:54.900 --> 53:01.620]  the back was a verified criminal affidavit. And the internal affairs guys looked at that
[53:01.620 --> 53:07.180]  and said, what is this? I said, well, that's a verified criminal affidavit. Well, I can't
[53:07.180 --> 53:15.100]  take this. Well, life is filled with little decisions. Your call, you need to take it
[53:15.100 --> 53:20.900]  or not. I'll just go to the next step. And he took it. I don't know what he did with
[53:20.900 --> 53:28.020]  it, but he took it. Now the officer has in his record verified criminal affidavit. Now
[53:28.020 --> 53:36.020]  they didn't pursue it. So my next step was to go back to the magistrate and ask the magistrate
[53:36.020 --> 53:42.260]  if he had seen the criminal complaint I filed with internal affairs. He said, no, he hadn't.
[53:42.260 --> 53:50.300]  So I filed one against internal affairs with the police, I mean with the magistrate. I
[53:50.300 --> 53:59.140]  want them always to think that everything I'm doing is a setup. I'm just setting them
[53:59.140 --> 54:07.500]  up so I can file a criminal complaint against them or a complaint to T-Close. That's the
[54:07.500 --> 54:13.500]  certification agency for police officers. These are the things that damage their careers.
[54:13.500 --> 54:20.260]  It goes in their record. It goes in their history. Bar grievances against attorneys.
[54:20.260 --> 54:30.420]  You file a bar grievance against an attorney. You want to look in the bar association standards
[54:30.420 --> 54:39.500]  and write your grievance in the verbiage of the standard you alleged that they violated.
[54:39.500 --> 54:43.100]  If you're going to file a grievance against an attorney, don't go up to him saying, well,
[54:43.100 --> 54:48.060]  if you get that, well, I'll file a bar grievance against you. He'll take that as a threat.
[54:48.060 --> 54:55.060]  He'll take that as you being augmentative and agitated. Just file it against him. It
[54:55.060 --> 55:01.540]  makes them crazy when they get the grievance and didn't know it was coming. And then if
[55:01.540 --> 55:07.740]  an attorney says anything about the grievance to you, to the court, to anyone, you file
[55:07.740 --> 55:13.180]  another one against him for that. Now he thinks you're just laying in wait to get a shot at
[55:13.180 --> 55:21.020]  him. Prosecuting attorney, same way. I file criminal charges with the prosecuting attorney
[55:21.020 --> 55:28.860]  hoping that he won't act on it because this gives me a shot at the prosecutor. Here I'm
[55:28.860 --> 55:35.900]  doing a lot of work with foreclosure issues. And what I'm trying to get people to do is
[55:35.900 --> 55:47.340]  if the lender claims to be the holder of the note and hasn't proved it up, then I demand
[55:47.340 --> 55:51.580]  that he prove up that he is, in fact, the holder of the note when he fails to do so.
[55:51.580 --> 55:58.060]  So I'm going to go down and file criminal charges against him for fraud. Now the prosecutor
[55:58.060 --> 56:02.340]  is going to get that and the first thing he's going to do is call the lender and say, what
[56:02.340 --> 56:06.980]  the heck is going on here? You want to tell me what this is about? I got somebody here
[56:06.980 --> 56:15.780]  trying to get me to a rescue for fraud. And they'll have their little conversation. It
[56:15.780 --> 56:21.060]  will generally be the prosecutor with the lender's attorney. But the lender will find
[56:21.060 --> 56:27.740]  out this guy's trying to get you prosecuted. And they're going to say, well, can he get
[56:27.740 --> 56:35.140]  you just prosecuted? And his attorney is going to say, well, probably not. But he absolutely
[56:35.140 --> 56:41.860]  cannot say anything definitive because you never know what a grand jury is going to do.
[56:41.860 --> 56:50.980]  Now you give them a secondary reason outside the civil action or the foreclosure action
[56:50.980 --> 56:55.740]  to come to the table and make a deal with you and get you to go away and leave them
[56:55.740 --> 57:01.980]  alone. And when the prosecutor refuses to prosecute and you file against the prosecutor
[57:01.980 --> 57:08.780]  with the district judge, and the judge calls the prosecutor and says, what's going on here?
[57:08.780 --> 57:13.780]  And then the judge refuses to act and you file against him. You've got everybody here
[57:13.780 --> 57:18.940]  all upset and they're going to let this lender know they're all upset. This is the politics
[57:18.940 --> 57:23.860]  we're talking about. Now direct complaints, far grievances, judicial
[57:23.860 --> 57:32.980]  conduct complaints and criminal complaints, they are a very direct way of creating politics.
[57:32.980 --> 57:39.860]  And a lot of people are reluctant to take what seems to them to be this dramatic or
[57:39.860 --> 57:50.020]  drastic action. What I would like you to do is call in and see if you can suggest some
[57:50.020 --> 58:00.780]  other ways of generating political pressure. Pressure outside the confines of a civil action
[58:00.780 --> 58:07.620]  on the party on the other side so we can get them to want to come to the table and make
[58:07.620 --> 58:13.700]  a deal. This is Randy Kelton, Dempest, David Craig, Louis La Radio. We're going to the
[58:13.700 --> 58:18.820]  top of the hour. We're going to go to your calls when we come back. So if you have questions
[58:18.820 --> 58:28.140]  or suggestions, if you just want to play Stubdy Chops, give us a call at 512-646-1984. Don't
[58:28.140 --> 58:33.020]  wait till the end. The calls tend to stack up at the end and then we're not able to get
[58:33.020 --> 58:37.300]  to everyone. We'd like to be able to spend plenty of time with you. That's why we do
[58:37.300 --> 58:44.940]  this four hours showing. So call in, get on the board, we'll take your questions and we
[58:44.940 --> 58:49.940]  will do our best to answer them. This is Randy Kelton, Dempest, David Craig, Louis
[58:49.940 --> 59:00.180]  La Radio. We'll be right back.
[59:00.180 --> 59:05.180]  Would you like to make more definite progress in your walk with God? Bibles for America
[59:05.180 --> 59:10.820]  is offering a free study Bible and a set of free Christian books that can really help.
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[59:15.260 --> 59:19.780]  today. It's an accurate translation and it contains thousands of footnotes that will
[59:19.780 --> 59:24.980]  help you to know God and to know the meaning of life. The free books are a three-volume
[59:24.980 --> 59:30.300]  set called Basic Elements of the Christian Life. Chapter by chapter, Basic Elements of
[59:30.300 --> 59:35.900]  the Christian Life clearly presents God's plan of salvation, growing in Christ and how
[59:35.900 --> 59:42.100]  to build up the church. To order your free New Testament recovery version and Basic Elements
[59:42.100 --> 59:55.060]  of the Christian Life, call Bibles for America toll free at 888-551-0102. That's 888-551-0102
[59:55.060 --> 59:59.100]  or visit us online at bfa.org.
[59:59.100 --> 01:00:06.260]  This news brief brought to you by the International Newsnet. NATO admitted Thursday to shooting
[01:00:06.260 --> 01:00:11.740]  dead a BBC journalist in Afghanistan during a battle against insurgents saying soldiers
[01:00:11.740 --> 01:00:18.340]  mistook him for a suicide bomber. Ahmed Kalpawak, who was hiding in fear during a Taliban attack,
[01:00:18.340 --> 01:00:24.420]  was shot 11 times by NATO soldiers. His brother, Jawid, said, quote, they thought he was a
[01:00:24.420 --> 01:00:31.300]  suicide bomber. But how? He spoke English and would have been showing his press card.
[01:00:31.300 --> 01:00:35.780]  After a widespread blackout hit Southern California, Arizona in parts of northern Mexico Thursday
[01:00:35.780 --> 01:00:41.780]  night, San Diego gas and electric urge subscribers to activate their family emergency plans,
[01:00:41.780 --> 01:00:45.780]  warning that power could be off until Friday evening. The outage, which officials believe
[01:00:45.780 --> 01:00:53.460]  was due to an ongoing heat wave, left over 1.4 million users without power.
[01:00:53.460 --> 01:00:59.140]  Mr. Pohl has issued a arrest warrant for fugitive Libyan ruler, Mamar Gaddafi, one of his sons,
[01:00:59.140 --> 01:01:04.740]  Saif al-Islam, and Abdullah al-Sunusi, the head of the former leaders intelligence agency.
[01:01:04.740 --> 01:01:10.380]  Meanwhile, reports came from Niger of a new convoy of high-ranking Libyan officials arriving
[01:01:10.380 --> 01:01:16.260]  across the desert. Two of Colonel Gaddafi's sons and his second wife fled to Algeria,
[01:01:16.260 --> 01:01:21.460]  which granted them asylum on humanitarian grounds.
[01:01:21.460 --> 01:01:25.580]  The website ProPublica reported Friday it has uncovered new documents showing that in
[01:01:25.580 --> 01:01:31.180]  the aftermath of 9-11, federal officials downplayed concerns about health risks, misrepresenting
[01:01:31.180 --> 01:01:35.780]  or concealing information that might have protected thousands of people from contaminated
[01:01:35.780 --> 01:01:40.820]  air around ground zero. The records include email messages from the White House Council
[01:01:40.820 --> 01:01:45.620]  on environmental quality to the Environmental Protection Agency and the Occupational Safety
[01:01:45.620 --> 01:01:49.260]  and Health Administration. In one instance, a warning that people should not report to
[01:01:49.260 --> 01:01:53.660]  work on a busy thoroughfare on the financial district was rewritten, and workers instead
[01:01:53.660 --> 01:01:58.660]  were urged to return to their offices as soon as the financial district reopened on September
[01:01:58.660 --> 01:02:03.260]  17. And another federal officials declared that testing showed the area was safe when
[01:02:03.260 --> 01:02:07.940]  sampling of the air and dust had barely begun. Test ultimately found high levels of toxic
[01:02:07.940 --> 01:02:10.780]  chemicals.
[01:02:10.780 --> 01:02:17.220]  Mass protests were held Friday at Cairo's Tahir Square, calling for swiss-to-reforms. Organizers
[01:02:17.220 --> 01:02:22.500]  called the rally to press Egypt's military rulers to keep their promises of reform after
[01:02:22.500 --> 01:02:27.700]  a revolt ousted President Hosni Mubarak in February. The military, which took charge
[01:02:27.700 --> 01:02:33.460]  after Mubarak's ouster, has sentenced thousands of people who took part in the popular rebellion
[01:02:33.460 --> 01:02:39.260]  to prison terms. Protesters chanted slogans against military rule and the current defacto
[01:02:39.260 --> 01:02:45.420]  head of the state, Field Marshal Hussein Tentawi. The rally was called by secular and leftist
[01:02:45.420 --> 01:02:50.940]  activists, and is being boycotted by the influential Muslim Brotherhood movement. Secular activists
[01:02:50.940 --> 01:02:55.540]  are concerned that the military's current timetable for parliamentary elections in autumn
[01:02:55.540 --> 01:03:00.140]  will play into the hands of the Brotherhood by denying new political movements time to
[01:03:00.140 --> 01:03:02.140]  organize into parties.
[01:03:02.140 --> 01:03:18.140]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com. Live free speech
[01:03:18.140 --> 01:03:30.140]  talk radio at its best.
[01:03:30.140 --> 01:03:45.180]  Hi folks, we are back. This is Rule of Law Radio. This is our Friday night 4-hour marathon.
[01:03:45.180 --> 01:03:53.780]  We are taking your calls. The call in number is 512-646-1984. Right now we do have a caller
[01:03:53.780 --> 01:04:01.020]  on the board, that is Stephen. Ian and Stephen, what can we do for you?
[01:04:01.020 --> 01:04:10.020]  Yeah, I got a few questions. First question would be, I think I had to do this before
[01:04:10.020 --> 01:04:18.860]  Eddie, but wasn't quite clear on it. I'm ready to take my jurisdiction into, I want
[01:04:18.860 --> 01:04:25.660]  to take them into federal court, and I have issues under discovery violations or freedom
[01:04:25.660 --> 01:04:32.460]  of information requests that were denied, given 30 days, no response by the Sheriff's
[01:04:32.460 --> 01:04:42.220]  Department, clerk's recorder, and prosecutor's office for evidence that was suppressed, and
[01:04:42.220 --> 01:04:48.740]  also the officer and whatnot. There was probably about 20 questions or something that I wanted
[01:04:48.740 --> 01:04:54.740]  to see. Anyways, 30 days, nobody responded, nobody said a word out of everybody. In Montana
[01:04:54.740 --> 01:05:05.260]  we have a constitutional right, it's Article 2, Section 9, the right to know, and it gives
[01:05:05.260 --> 01:05:16.420]  us a right to examine all documents of government agencies. Now my question is, that is not
[01:05:16.420 --> 01:05:23.260]  the end of the federal constitution, and I was wondering if you can use a state constitutional
[01:05:23.260 --> 01:05:31.740]  right and a federal jurisdiction. Only if it's a mirrored right. Would there be one?
[01:05:31.740 --> 01:05:42.100]  Yes, only if... A lot of due process, yes. Good. You can only go into the Fed if it violates
[01:05:42.100 --> 01:05:52.620]  a federal right, a constitutional right. That's the only way, I'm sorry, 42 U.S. Code 1983
[01:05:52.620 --> 01:05:59.100]  is a suit. You can only sue for violation of a constitution right, so you can get in
[01:05:59.100 --> 01:06:08.700]  under 42 U.S. Code 1983. But if they have violated any other federal statute, you can
[01:06:08.700 --> 01:06:14.700]  get in, but it has to be a federal statute and you have to claim violation of the federal
[01:06:14.700 --> 01:06:20.380]  statute in order to give the court subject matter jurisdiction. If it is a criminal
[01:06:20.380 --> 01:06:27.420]  prosecution, you cannot remove it to the federal court, period.
[01:06:27.420 --> 01:06:34.220]  Right, this would be, I want to go after them civilly, but well, the Freedom of Information
[01:06:34.220 --> 01:06:44.540]  Act would be in paramateria to this, wouldn't it? No, this would go to due process. Your
[01:06:44.540 --> 01:06:51.300]  right to be informed of the charge against you, that's where this is going to fall under.
[01:06:51.300 --> 01:06:58.460]  If they're not giving you the expulptory evidence, it's going to be your right to a public court.
[01:06:58.460 --> 01:07:04.060]  So that'll get you, that should get you a federal claim. But you want to do some research
[01:07:04.060 --> 01:07:10.820]  on it. You want to research the case law, the federal case law primarily in the Minnesota
[01:07:10.820 --> 01:07:16.660]  Circuit. I think it's, well, it's just in it the other day, I think it's the second
[01:07:16.660 --> 01:07:24.660]  circuit, I forget. But the circuit that handles Minnesota, you want your case law in that if
[01:07:24.660 --> 01:07:33.540]  you can find case law on point, out of Minnesota, in federal law that originates out of Minnesota.
[01:07:33.540 --> 01:07:40.820]  And there's a trick way of doing that if you don't have full Lexus and full Westlaw. If
[01:07:40.820 --> 01:07:50.980]  you can find case law on point, on your issue, and it's not in the right circuit, then do
[01:07:50.980 --> 01:07:59.100]  a search for the case that you're looking for and Minnesota. And that will tend to get
[01:07:59.100 --> 01:08:09.740]  you Minnesota cases that cites the case law that is on point. Does that make sense?
[01:08:09.740 --> 01:08:18.260]  Yeah. Yeah, okay, okay, but, but in short, you cannot make a claim in the federal court
[01:08:18.260 --> 01:08:31.220]  for violation of the state law. However, if you have federal and state claims, they said
[01:08:31.220 --> 01:08:35.420]  once they have jurisdiction, can adjudicate the state claim.
[01:08:35.420 --> 01:08:36.420]  Oh, really?
[01:08:36.420 --> 01:08:40.020]  We'll just try to break it.
[01:08:40.020 --> 01:08:45.860]  That's so you don't have to sue, you don't have to have it in two courts at once. It's
[01:08:45.860 --> 01:08:51.740]  also the other way around. If you're in the state, if you have sued in a state court,
[01:08:51.740 --> 01:08:59.580]  you can make a federal claim in the state court. And if the other side doesn't remove
[01:08:59.580 --> 01:09:04.260]  it to the fed, then the state can adjudicate the federal claims.
[01:09:04.260 --> 01:09:18.060]  Oh, I got you. So I can, because I got plenty of also federal, federal claims. So I could
[01:09:18.060 --> 01:09:20.300]  just add that in with it then.
[01:09:20.300 --> 01:09:23.300]  Yeah, one federal claim is all you need.
[01:09:23.300 --> 01:09:27.700]  Okay, well, that's all I need to know then because I got about three or four of the federal
[01:09:27.700 --> 01:09:34.620]  claims at least, but I just, there's this one under the state right for the right to know
[01:09:34.620 --> 01:09:36.380]  and the violation of that.
[01:09:36.380 --> 01:09:44.420]  Good. It's probably cleaner to get the fed to adjudicate the state law because the fed
[01:09:44.420 --> 01:09:50.860]  is not invested in the state law, so they will more likely give you a cleaner ruling
[01:09:50.860 --> 01:09:58.020]  than the state itself. The states tend to be more corrupt, especially in Minnesota.
[01:09:58.020 --> 01:10:00.540]  Well, this is Montana.
[01:10:00.540 --> 01:10:05.460]  Oh, okay. I'm not sure if that's the same circuit or not.
[01:10:05.460 --> 01:10:06.460]  Eight, four, five, six.
[01:10:06.460 --> 01:10:10.620]  Good. You might be better off there. Okay, you had another question.
[01:10:10.620 --> 01:10:18.620]  Yeah, I did. I was also helping a friend, this guy sued her for a small claim suit for
[01:10:18.620 --> 01:10:23.700]  work he did. She didn't want to pay him because he messed up her house. He small claimed her
[01:10:23.700 --> 01:10:28.380]  and so I started helping her. I removed it out of small claims into justice of the piece
[01:10:28.380 --> 01:10:33.260]  and then countersued him for negligence and then he was also threatening her with a whole
[01:10:33.260 --> 01:10:38.140]  bunch of verbal language on defaming her character and this and stuff and destroying her job
[01:10:38.140 --> 01:10:41.580]  if she wasn't going to pay him his 130 bucks or something.
[01:10:41.580 --> 01:10:45.580]  So I don't know if this is the right cause of action, but I did do negligence because
[01:10:45.580 --> 01:10:51.900]  he messed up her house on the work and then the second cause of action for extortion.
[01:10:51.900 --> 01:10:56.620]  I don't know if there is double cause of action for extortion or not, but I put it in anyways.
[01:10:56.620 --> 01:10:58.900]  Extortion is a criminal complaint.
[01:10:58.900 --> 01:11:07.980]  Yeah, but I've read somewhere it could also be civilly too.
[01:11:07.980 --> 01:11:13.820]  It seems reasonable. I don't ever remember seeing that as a defined cause of action,
[01:11:13.820 --> 01:11:20.540]  but that would go under a tort claim. It would seem reasonable because in extortion you're
[01:11:20.540 --> 01:11:24.020]  trying to extract money and money would go to extortion.
[01:11:24.020 --> 01:11:29.020]  Right. Yeah, he was trying to extract money from her by threatening her with a bunch
[01:11:29.020 --> 01:11:35.700]  of different stuff. So I came up with extortion and I just, I read somewhere there was like
[01:11:35.700 --> 01:11:39.860]  three elements to it so I added those elements into the cause of action. But anyways, other
[01:11:39.860 --> 01:11:44.220]  than that, whether it was right or not, he didn't respond to the counter claim in the
[01:11:44.220 --> 01:11:50.860]  20 days. He went into default, put a motion for default in about 35 days after, gave him
[01:11:50.860 --> 01:11:57.380]  quite a few times, and he didn't respond. So we did a motion for default judgment with
[01:11:57.380 --> 01:12:04.180]  the judge and the judge has not ruled on it, has not ruled on it. And under our statute
[01:12:04.180 --> 01:12:09.140]  here, when a person fails to respond within the 20 day time limit, it says the judge must
[01:12:09.140 --> 01:12:19.020]  enter default judgment for the plaintiff or counter defendant. So obviously there's a
[01:12:19.020 --> 01:12:20.020]  mandatory duty.
[01:12:20.020 --> 01:12:25.260]  Have you made any inquiry as to why the judge hasn't ruled?
[01:12:25.260 --> 01:12:31.620]  No, we haven't. I'm out of town. She went to the court the other day and she doesn't
[01:12:31.620 --> 01:12:36.100]  want to go to trial because I'm out of town. She doesn't have any clue what's going on.
[01:12:36.100 --> 01:12:44.100]  So I just put in a dealie that she would allow judgment for his $138 against her for his
[01:12:44.100 --> 01:12:50.620]  claim, but since he's in default, that she will just subtract her from what heals her
[01:12:50.620 --> 01:12:54.580]  from what she claimed against him because now he's in default. Well, she has trial on
[01:12:54.580 --> 01:13:01.660]  Monday, judges out of town, out of the court on Thursdays and Fridays, and still hasn't
[01:13:01.660 --> 01:13:08.140]  found beef or even got a ruling on this can probably the default judgment. They don't
[01:13:08.140 --> 01:13:15.900]  need to be in the courtroom as a rule. You might move your talk to the court clerk and
[01:13:15.900 --> 01:13:23.060]  see if you can coax it. If not, this is something you can file a judicial conduct complaint against
[01:13:23.060 --> 01:13:29.740]  the judge for. They have a duty to clear their docket. If they leave something said on their
[01:13:29.740 --> 01:13:36.220]  docket, they can file a judicial conduct complaint against them for that. That's likely to get
[01:13:36.220 --> 01:13:37.420]  him off the dime.
[01:13:37.420 --> 01:13:38.820]  Well, that's a deal.
[01:13:38.820 --> 01:13:44.540]  Once you file a complaint against him, now he's going to be more careful to follow
[01:13:44.540 --> 01:13:52.380]  law, so he's not likely to rule against you out of retaliation because you've already
[01:13:52.380 --> 01:13:55.460]  hammered him once. He's going to want this to go away.
[01:13:55.460 --> 01:14:01.020]  Well, actually, I think that's exactly what this is about, is because I went into, I deal
[01:14:01.020 --> 01:14:05.380]  with this judge, in my case, a little while back. I did some judicial complaints and I
[01:14:05.380 --> 01:14:10.660]  got her reprimanded by the commission. Then she saw me come into court with this girl
[01:14:10.660 --> 01:14:15.900]  and she recognized her pleadings and she kind of figured it was me. I think she's trying
[01:14:15.900 --> 01:14:20.340]  to either do something, but I don't know. But the fact of it is, is trial is Monday.
[01:14:20.340 --> 01:14:24.620]  She hasn't got default judgment. She doesn't want to go to court. She demanded a jury trial,
[01:14:24.620 --> 01:14:29.180]  and now she's, two weeks ago, she said to, or the other day, she said she didn't want
[01:14:29.180 --> 01:14:34.460]  a jury to waive her right to jury, allow judgment against her for the $138 subtractor from the
[01:14:34.460 --> 01:14:38.020]  default judgment, and haven't heard nothing from the court.
[01:14:38.020 --> 01:14:42.700]  Well, supposedly, jury's going to be there Monday, and she's thinking I'm just not even
[01:14:42.700 --> 01:14:44.940]  showing up, which we know.
[01:14:44.940 --> 01:14:52.340]  Show up. Always show up. That's an absolute rule. Always show up.
[01:14:52.340 --> 01:14:57.340]  That's what I say, too, but she doesn't know what to do.
[01:14:57.340 --> 01:15:01.500]  There's not so much hope you can give someone.
[01:15:01.500 --> 01:15:06.620]  Is that an appeal with you? I mean, if they're in default, in the law space, that they must
[01:15:06.620 --> 01:15:13.140]  enter default against them, I don't see how, I just don't like them.
[01:15:13.140 --> 01:15:21.100]  You should be able to reason. Before the court starts, you can, she should move for a ruling
[01:15:21.100 --> 01:15:31.140]  on the default judgment, and the court may just dump it just to get rid of it, and you
[01:15:31.140 --> 01:15:37.580]  might talk to his clerk and tell the clerk, you know, this is one of those things a judge
[01:15:37.580 --> 01:15:47.540]  can be getting to the seconda complaint for. It's not entering rulings in a timely manner.
[01:15:47.540 --> 01:15:57.580]  I know Chris, the one that does, Chris Campanella does my pleadings for me. He nailed, he was
[01:15:57.580 --> 01:16:03.820]  looking through the sanctions against judges in New York. This kind of judge sanctioned
[01:16:03.820 --> 01:16:11.540]  a big time for having a case and not rendering a ruling on the case.
[01:16:11.540 --> 01:16:18.940]  So he might be sensitive, you know, if you lay the, talk to the clerk and warn her that
[01:16:18.940 --> 01:16:24.900]  this is something he can get another complaint, that she can get a complaint for, the clerk
[01:16:24.900 --> 01:16:28.700]  might go to the judge and get the judge off the dime.
[01:16:28.700 --> 01:16:34.660]  True. Okay, do you have any more questions?
[01:16:34.660 --> 01:16:41.660]  Just a little bit more, perfect. Okay, this is Grant McClelland, Kevin Stevens,
[01:16:41.660 --> 01:16:50.700]  Eddie Craig, group of radio. Our call-in number is 512-646-1984. This is our four-hour
[01:16:50.700 --> 01:17:01.380]  info marathon, so call in and see if you can stomp the chops moving right back.
[01:17:01.380 --> 01:17:05.580]  Corn and Bullion is a family-owned and operated business that has helped many families and
[01:17:05.580 --> 01:17:10.260]  friends in protecting their assets, and we would like to do the same for you. In addition
[01:17:10.260 --> 01:17:16.060]  to Corns and Bullion, we now offer Patriot Saves, ammunition, Berkey Water Products,
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[01:17:27.620 --> 01:17:36.260]  us at 512-646-644-0 for more details. As always, we buy, sell, and trade precious metals
[01:17:36.260 --> 01:17:42.540]  and cater to those with all sizes of coin collections. We're located at 7304 Burnett
[01:17:42.540 --> 01:17:48.180]  Road, Suite A, about a half a mile north of Caney, next to the Ikebond Sushi and the Genie
[01:17:48.180 --> 01:17:56.020]  Car Wash. We're open Monday through Friday, 10-6, Saturdays, 10-5. Visit us at CapitalCornandBullion.com
[01:17:56.020 --> 01:18:03.060]  or call 512-646-644-0. If you entered into a mortgage agreement after
[01:18:03.060 --> 01:18:09.460]  the year 2000, you were subjected to the largest fraud ever perpetrated on the American public.
[01:18:09.460 --> 01:18:14.700]  The banks plotted not only to steal the equity in your home, they also planned to scam you
[01:18:14.700 --> 01:18:19.660]  out of your retirement funds and leave you homeless and pingless. The money changers have
[01:18:19.660 --> 01:18:24.740]  used what they stole from you to buy your legislators, government oversight agencies,
[01:18:24.740 --> 01:18:30.780]  and most unfortunately, the courts. If you have been foreclosed on or facing foreclosure
[01:18:30.780 --> 01:18:36.580]  or are up to date on your payments, there is something you can do to set things to right.
[01:18:36.580 --> 01:18:45.880]  Call 855-588-8501 and we will show you how to force the corrupt courts to do their jobs.
[01:18:45.880 --> 01:18:51.100]  You can stop these thieving bankers from destroying this country and from forcing your children
[01:18:51.100 --> 01:18:58.100]  and grandchildren onto the streets as slaves to them. Call 855-588-8501 now.
[01:19:21.100 --> 01:19:31.500]  All right folks, we are back at the rule of law radio. We've only got Stephen left in
[01:19:31.500 --> 01:19:35.300]  the call field, so if you have a question or anything like that, give us a call. The
[01:19:35.300 --> 01:19:41.820]  call in number is 512-646-1984. Grant, we had you up next and you dropped off the line.
[01:19:41.820 --> 01:19:46.100]  Ray, you called in while I was trying to screen Grant and never got on the line, so if you're
[01:19:46.100 --> 01:19:50.340]  out there listening, give us a call back so I can get you up on the caller board. All
[01:19:50.340 --> 01:19:55.340]  right, Randy, continue please. Okay, Steve, you had another question.
[01:19:55.340 --> 01:20:03.820]  Well, just to show you the ignorance of this judge, this guy's complaint against her was
[01:20:03.820 --> 01:20:14.820]  this is what he said in his complaint. $138.75 equals just the equal sign debt plus court
[01:20:14.820 --> 01:20:21.420]  cost. So that's always been a complaint. And for some reason that's routine up there
[01:20:21.420 --> 01:20:24.540]  because I was listening to the clerk and that's what she told the people to fill out when
[01:20:24.540 --> 01:20:28.900]  I was here and somebody else trying to figure it out. So I put a motion to dismiss her failure
[01:20:28.900 --> 01:20:31.820]  to state of claim saying that there was no cause of action and the complaint, there was
[01:20:31.820 --> 01:20:40.700]  no fact to deny and an answer. And she ruled against that motion and it's about four page
[01:20:40.700 --> 01:20:46.060]  with plenty of law and stuff backing it. And she denied that motion. So I'm having a feeling
[01:20:46.060 --> 01:20:52.300]  she's going to deny the default motion even though she can't because I mean it's a mystery.
[01:20:52.300 --> 01:21:00.940]  If she denies the default motion didn't move for an appeal, that should get an inlockatory
[01:21:00.940 --> 01:21:06.300]  appeal because default would be a dispositive motion.
[01:21:06.300 --> 01:21:12.580]  Okay, right. But you're going to have to understand that this is a trial on Monday. So therefore
[01:21:12.580 --> 01:21:17.260]  this will all be a trial with a jury probably there. And then she's going to end up somebody
[01:21:17.260 --> 01:21:26.180]  once. Once you notify the court of your intent to appeal, they lose jurisdiction.
[01:21:26.180 --> 01:21:39.780]  Okay, look at interlockatory appeal in Wyoming and see if you have to get the court's permission
[01:21:39.780 --> 01:21:49.900]  to file an interlockatory appeal. I'm sorry, Montana. Since this is a dispositive motion
[01:21:49.900 --> 01:21:59.260]  in that it will dispose of the case, then it's proper for interlockatory appeal. Normally
[01:21:59.260 --> 01:22:05.460]  we have to wait until the case is completely adjudicated and you have a final ruling before
[01:22:05.460 --> 01:22:12.740]  you can appeal. But if something would dispose of the case beforehand, then you can do an
[01:22:12.740 --> 01:22:20.500]  inlockatory appeal. So do a little research on what you have to do in Montana to do an
[01:22:20.500 --> 01:22:29.820]  interlockatory appeal and notify the court when the judge fails to rule on the default
[01:22:29.820 --> 01:22:36.780]  or rules against the default. Just notice the court of interlockatory appeal. Then they
[01:22:36.780 --> 01:22:39.580]  lose subject matter jurisdiction.
[01:22:39.580 --> 01:22:45.980]  Okay, well, I can't find, I've looked for interlockatory appeals and there are anything
[01:22:45.980 --> 01:22:51.260]  that appeals from justice courts to a de novo and the district court. And they're going
[01:22:51.260 --> 01:22:56.380]  to say any prejudice in the trial court was remedied with a de novo and the justice or
[01:22:56.380 --> 01:23:01.420]  in the district court. That's all the case law I've ever found, been able to find.
[01:23:01.420 --> 01:23:04.260]  Yeah, that's probably the main thing.
[01:23:04.260 --> 01:23:10.020]  The supreme but not from a justice to the district because of the de novo.
[01:23:10.020 --> 01:23:17.700]  Okay, but your, your friend has to show if she doesn't show up, she will, then the other
[01:23:17.700 --> 01:23:27.020]  side shows up, she'll most likely lose out of hand. So make sure she shows.
[01:23:27.020 --> 01:23:28.020]  Okay.
[01:23:28.020 --> 01:23:34.460]  Okay. Do you have anything else for us? No, I guess that's about it then for now.
[01:23:34.460 --> 01:23:37.900]  Okay. Thank you, Stephen. All right. Thanks for our guys. Bye-bye.
[01:23:37.900 --> 01:23:44.780]  Okay. Now we're going to go to, we're going to go to Grant in Texas. I think Grant must
[01:23:44.780 --> 01:23:50.660]  be having a serious phone issue because he can only stay on about 10 seconds and then
[01:23:50.660 --> 01:24:04.020]  drops off. And I was kind of hoping to get some call in on ideas of how to generate politics.
[01:24:04.020 --> 01:24:10.660]  If we as process are ever going to start winning our cases, we're going to have to get ahead
[01:24:10.660 --> 01:24:20.900]  for the political side of what we're doing. Like judicial contact complaint against the
[01:24:20.900 --> 01:24:26.420]  judge, a bar grievance against the attorneys in this, in the, in Steve's case, there was
[01:24:26.420 --> 01:24:35.500]  no attorney since it's a small claims, but you could certainly hammer that judge. And
[01:24:35.500 --> 01:24:43.220]  for those of you who haven't heard the treatment on bar grievances, bar grievances for attorneys
[01:24:43.220 --> 01:24:51.540]  are really, really bad news. It kicks their behinds. One bar grievance of just about double
[01:24:51.540 --> 01:24:57.580]  your malpractice insurance and when they're paying 40, 50 grand a year for it already,
[01:24:57.580 --> 01:25:05.180]  that gets real serious for an attorney real fast. Okay. Gary has just came back up. I'm
[01:25:05.180 --> 01:25:16.540]  going to go to him and maybe he won't drop off. Okay. Gary, talk to us. Yes, sir. Thank
[01:25:16.540 --> 01:25:22.180]  you. I dropped off. I'll be sure because I know you're not as valuable. Question is,
[01:25:22.180 --> 01:25:28.020]  is it possible to file if a district attorney or a state district judge, when you present
[01:25:28.020 --> 01:25:34.620]  them say a felony complaint affidavit, a verified felony complaint affidavit and they fail to
[01:25:34.620 --> 01:25:40.900]  accept it. Can you file a bar grievance against the district attorney for neglect of duty?
[01:25:40.900 --> 01:25:47.620]  I know you can file charges, but and they'll get. Okay. What's the complaint against a
[01:25:47.620 --> 01:25:54.540]  private citizen or a public official? Actually, it was against a private citizen. Okay. Then
[01:25:54.540 --> 01:26:05.220]  I would look at accusing the prosecuting attorney of official oppression in that you maintain
[01:26:05.220 --> 01:26:15.180]  that the prosecutor exercised a judicial authority and argue that the prosecutors given a certain
[01:26:15.180 --> 01:26:20.820]  amount of prosecutorial discretion, but in this case, he did not exercise prosecutorial
[01:26:20.820 --> 01:26:28.820]  discretion and decide whether there was sufficient cause to believe that a crime had been committed,
[01:26:28.820 --> 01:26:37.820]  but instead exercised a caprice in that he decided what complaints he wanted to prosecute
[01:26:37.820 --> 01:26:46.860]  and what he did not. 204 and 205 gives the prosecutor no discretion, but the courts have
[01:26:46.860 --> 01:26:53.940]  granted him some. So you filed a complaint against the prosecutor and you can be sure
[01:26:53.940 --> 01:26:59.980]  that when you file it with a judge, the judge will refuse to act on it. Then you get a shot
[01:26:59.980 --> 01:27:08.700]  at the judge. Well, is it possible to file a bar grievance against a district attorney
[01:27:08.700 --> 01:27:17.820]  for failure? Absolutely. Absolutely. Go on the web and do a search for American bar
[01:27:17.820 --> 01:27:25.980]  association standards for the prosecutorial function. There's a special set of standards
[01:27:25.980 --> 01:27:34.140]  addressing attorneys. And I just talked to someone. I think it was last Friday, was it?
[01:27:34.140 --> 01:27:40.860]  Maybe it was last night. Do you remember we talked to someone who had bar grieved their
[01:27:40.860 --> 01:27:47.220]  attorney, the prosecuting attorney? It was last night. And the prosecutor dismissed
[01:27:47.220 --> 01:27:54.420]  the cases against it. And another one that he had filed against and the prosecutor was
[01:27:54.420 --> 01:27:59.260]  absolutely livid. So it does get their attention.
[01:27:59.260 --> 01:28:04.820]  Okay. Well, American bar association, not the state bar, but the American bar association
[01:28:04.820 --> 01:28:14.220]  website. Look, yeah, what these are are model standards. And 47 and 50 states have adopted
[01:28:14.220 --> 01:28:25.340]  the model standards. I haven't found the prosecutorial function standards in the state law. But I
[01:28:25.340 --> 01:28:30.780]  have found it in the federal and you can use the federal to make the claim. You state the
[01:28:30.780 --> 01:28:38.820]  claim in terms of a violation of the standard. I see. Well, you've been very helpful. I also
[01:28:38.820 --> 01:28:44.940]  want to say both you and Eddie and Deborah, the job y'all are doing is just amazing. And
[01:28:44.940 --> 01:28:48.940]  I've learned a great deal. I listen. I have a lot more than I call.
[01:28:48.940 --> 01:28:56.700]  Okay. I tell you what, send me an email and ask for that. I have the standards. I can
[01:28:56.700 --> 01:29:02.700]  just send the file to you. Okay. Put a mail. Is it which which one is it?
[01:29:02.700 --> 01:29:11.220]  No, no, I don't know where that put a mail. I hadn't used that forever. Randy at ruleoflawradio.com
[01:29:11.220 --> 01:29:20.500]  24. I appreciate it, Randy. Okay, thank you. We're about to go to break. We've got Julius
[01:29:20.500 --> 01:29:27.300]  and Jason. Julius will take you next on the other side. This is Randy Kelton, Deborah
[01:29:27.300 --> 01:29:37.860]  Stevens, Eddie Craig with La Radio. Our call in number is 512-646-1984. Call in. See if
[01:29:37.860 --> 01:29:45.860]  you can stop Eddie to chomp. I like it better that way. Okay. We'll be right back on the
[01:29:45.860 --> 01:29:59.860]  other side.
[01:29:59.860 --> 01:30:03.620]  Top 10 reasons to question the official story of the Oklahoma City bombing. Reason number
[01:30:03.620 --> 01:30:07.740]  10. What is on the surveillance tapes? There were many video surveillance cameras that recorded
[01:30:07.740 --> 01:30:10.740]  the morning of the bombing, yet the few of these that have been released do not show
[01:30:10.740 --> 01:30:14.460]  what transpired with the rider truck at the Murrow Building. Most recently, the government
[01:30:14.460 --> 01:30:17.700]  has claimed that all of the cameras that were in different buildings and maintained by different
[01:30:17.700 --> 01:30:23.060]  businesses were all having their tapes changed at the exact same time, 9.02 a.m. This is insulting
[01:30:23.060 --> 01:30:26.540]  to the memory of those who perished in the bombing. What is being hidden from us? For
[01:30:26.540 --> 01:30:29.540]  more information, please go to okcbombingtruth.com.
[01:30:29.540 --> 01:30:36.420]  In 1946, Felix Gulcet answered his doorbell and was shot in the chest and killed. The
[01:30:36.420 --> 01:30:42.420]  case has finally been solved 65 years later with the confession of a 96-year-old woman.
[01:30:42.420 --> 01:30:47.420]  It's quite a story. I'm Dr. Catherine Albrecht. Stay tuned for more.
[01:30:47.420 --> 01:30:51.780]  Privacy is under attack. When you give up data about yourself, you'll never get it back
[01:30:51.780 --> 01:30:57.340]  again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:57.340 --> 01:31:03.500]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy,
[01:31:03.500 --> 01:31:08.660]  it's worth hanging on to. This public service announcement is brought to you by StartPage.com,
[01:31:08.660 --> 01:31:14.660]  the private search engine alternative to Google, Yahoo, and Bin. Start over with StartPage.
[01:31:14.660 --> 01:31:21.260]  Adi Visser was part of the resistance when the Nazis occupied Holland in World War II.
[01:31:21.260 --> 01:31:26.820]  She took a gun and doled out vigilante justice to a guy named Felix Gulcet, a Dutch businessman
[01:31:26.820 --> 01:31:31.740]  and Nazi sympathizer who did business with the enemy. Trouble is, Gulcet was actually
[01:31:31.740 --> 01:31:35.980]  doing what Oscar Schindler did in the movie Schindler's List. While pretending to support
[01:31:35.980 --> 01:31:41.020]  the Nazis, he was actually sheltering Jews and helping them to safety. Adi discovered
[01:31:41.020 --> 01:31:46.820]  her mistake after the murder and carried the tragic secret 65 years. Her conscience finally
[01:31:46.820 --> 01:31:51.900]  got the better of her, and at age 96, she confessed, the moral? Things aren't always
[01:31:51.900 --> 01:31:56.540]  what they seem, so think before you shoot. I'm Dr. Catherine Albrecht. More news and
[01:31:56.540 --> 01:32:03.540]  information at CatherineAlbrecht.com.
[01:32:26.540 --> 01:32:42.540]  Hi folks, we are back here on Google's Long Radio. This is our Friday night for our marathon.
[01:32:42.540 --> 01:32:48.580]  We have about two and a half hours left in the show. Right now, we have Julius and Jason
[01:32:48.580 --> 01:32:52.260]  up on the board. Randy, do you want to take the next caller? And folks, if you're out
[01:32:52.260 --> 01:32:58.660]  there listening, 512-646-1984 is the call-in number. So if you have a question or an issue,
[01:32:58.660 --> 01:33:02.420]  give us a call. Please don't wait for the last minute, because that makes us have to
[01:33:02.420 --> 01:33:06.380]  go into overtime to cover it, or leave you hanging. We don't like doing either if we
[01:33:06.380 --> 01:33:23.620]  can help it. Okay, Julius. I think I got you unmuted. Hello, Julius. Are you there? Let's
[01:33:23.620 --> 01:33:29.500]  try it again. Okay, gotcha. Julius, now maybe we can hear you. Okay, can you hear me now?
[01:33:29.500 --> 01:33:37.740]  No, I can't hear what you're saying. Can you hear me? Yes. Go ahead. I always want to
[01:33:37.740 --> 01:33:45.420]  say that. Okay, can you hear me now? I can hear you. What do you got for us?
[01:33:45.420 --> 01:33:52.020]  Okay, very interesting that you have brought up the lender business about filing criminal
[01:33:52.020 --> 01:33:56.380]  charges because it's actually a case that I'm going to be working on for you. This is
[01:33:56.380 --> 01:34:01.540]  my second foreclosure, and I think I've about you some of that information already. But
[01:34:01.540 --> 01:34:08.700]  here's an interesting situation where I've already contacted the lender and multiple
[01:34:08.700 --> 01:34:16.700]  forms to Certified Mail and FACTS, and they responded back to me that the first one my
[01:34:16.700 --> 01:34:22.860]  question to them was, show me the note. Show me the original documents. I want to see every
[01:34:22.860 --> 01:34:29.900]  one documents you have with my ink signature, and I'm not any kind of photo copy. I want
[01:34:29.900 --> 01:34:37.460]  to see that you have or have any proof to put your clothes on this property, etc., etc.
[01:34:37.460 --> 01:34:45.020]  And the lender wrote me back and gave me photo copy of the note and the deed of trust, and
[01:34:45.020 --> 01:34:51.420]  in a letter stated that they don't have to show me the originals. Number one, point number
[01:34:51.420 --> 01:34:58.580]  two, that I in fact signed a little bit of my rights anyway. And to go look in my note
[01:34:58.580 --> 01:35:04.740]  and my deed of trust, well, that's not true at all because first of all, the deed of trust
[01:35:04.740 --> 01:35:11.540]  is a standard, a family-made, putting-backed instrument, security instrument.
[01:35:11.540 --> 01:35:25.140]  Okay, wait a minute. Fraud doesn't go to your rights. Fraud goes to the criminal statutes,
[01:35:25.140 --> 01:35:33.940]  and this doesn't have anything to do with your rights. This has to do with contract.
[01:35:33.940 --> 01:35:43.980]  Are they saying that you signed away any claim under the contract? Yeah, I'm just exactly
[01:35:43.980 --> 01:35:48.500]  how do you sign away the right to make a claim of fraud when fraud has been committed?
[01:35:48.500 --> 01:35:55.420]  Yeah, it looks like we lost Justin. Oh, there he is, Julius. There he is. He's back. Okay.
[01:35:55.420 --> 01:36:10.260]  Okay, hold on, Julius. We lost you for a minute there. Okay. Is that what the language was
[01:36:10.260 --> 01:36:16.820]  that you signed away your rights? Yes, I believe that was almost exactly the
[01:36:16.820 --> 01:36:23.460]  verbiage that they said that I signed away my rights anyway. No, ask you if the actual
[01:36:23.460 --> 01:36:31.820]  agreement says that. I have an actual ink signature document that says that. That actually
[01:36:31.820 --> 01:36:38.220]  No, okay. No, you got a document from the attorney that says you signed away your rights.
[01:36:38.220 --> 01:36:46.740]  Is there some verbiage in a contract that you have signed that states that you have
[01:36:46.740 --> 01:36:54.300]  waived any specific rights? No, there is no contract that I can see that I've waived
[01:36:54.300 --> 01:37:03.020]  any kind of rights. Was that just a personal letter that the attorney sent to you? This
[01:37:03.020 --> 01:37:13.740]  was a personal letter from the attorney. File bar grievance for it. Okay. Okay. Look in
[01:37:13.740 --> 01:37:19.500]  the standards. I don't remember which one that will be, but he's misrepresenting the
[01:37:19.500 --> 01:37:27.340]  law to you. He has a duty not to misrepresent the law. The facts, right? So since you have
[01:37:27.340 --> 01:37:39.460]  it in writing, and he's using this to try to influence you, grieving for misrepresenting
[01:37:39.460 --> 01:37:47.580]  the law to you. Even though he's not your attorney, he's giving you legal advice. When
[01:37:47.580 --> 01:37:55.980]  he gets, he's learned counsel. When he gives you legal advice, it must be accurate. Wait.
[01:37:55.980 --> 01:38:03.060]  Well, you're presuming he could do that even as legal counsel, Randy. Most of them are
[01:38:03.060 --> 01:38:07.540]  saying can't get it right even when it's right in front of them. Well, I'm not assuming he's
[01:38:07.540 --> 01:38:14.500]  getting anything right. I'm saying he has an enforceable duty to give it right. That
[01:38:14.500 --> 01:38:22.340]  matter if he can or not. So good. You just kick his behind for it. Absolutely. Now, since
[01:38:22.340 --> 01:38:31.020]  I'm just, you know, just think of a bar grievance as a love letter to the attorney. Ah, great.
[01:38:31.020 --> 01:38:42.020]  Okay, go ahead. Use a picture. Yeah, no problem. So the thing that I want to do, this is my
[01:38:42.020 --> 01:38:49.220]  second foreclosure. So I'm going to do this with you, Randy. Do I go ahead and do that
[01:38:49.220 --> 01:38:56.060]  bar grievance first right off the bat? Or also, what about you talked about filing criminal
[01:38:56.060 --> 01:39:04.140]  charges on the lender when they can't produce the note or produce the fact that showing
[01:39:04.140 --> 01:39:11.500]  that they have the evidence that they're actually on the loan? The note? Yes, absolutely. Now,
[01:39:11.500 --> 01:39:21.620]  if I send you a letter telling you that I have authority to foreclose on your property,
[01:39:21.620 --> 01:39:29.700]  I can't imagine you simply filing an answer saying no, you don't. I would expect that
[01:39:29.700 --> 01:39:37.700]  you would go down to the prosecuting attorney and ask him to arrest my behind. So how is
[01:39:37.700 --> 01:39:46.980]  this guy any different? He's trying to extort money out of you under a claim of authority
[01:39:46.980 --> 01:39:56.740]  that's non-existent. That falls under Fair Debt Collections Practices Act. I forget the
[01:39:56.740 --> 01:40:19.500]  number, I think it's 12 U.S.C. 1692. I think it's 1692. 15, Randy. 15, Randy. 15, Randy.
[01:40:19.500 --> 01:40:30.780]  That would be even if there was verbiage. Say you had a loan modification. And in the
[01:40:30.780 --> 01:40:37.580]  loan modification, there was verbiage that stated that you waived any claim you might
[01:40:37.580 --> 01:40:44.780]  have against the lender under the original contract. If you were not aware of fraud that
[01:40:44.780 --> 01:40:51.380]  was committed, you can't waive anything you're not aware of, and I don't think you could
[01:40:51.380 --> 01:41:00.180]  waive fraud anyway. You certainly couldn't waive the criminal aspect of fraud because
[01:41:00.180 --> 01:41:08.820]  in that you would have no standards. You have a duty to report it, but you have no standing
[01:41:08.820 --> 01:41:15.180]  as to the adjudication. That's the prosecutor's job. So you don't have any say one way or
[01:41:15.180 --> 01:41:19.780]  another, like when people say, well, if you do this, I'll drop my criminal charges against
[01:41:19.780 --> 01:41:28.660]  you. No, you can't do that. You can refuse to testify or participate, but it is the
[01:41:28.660 --> 01:41:39.180]  prosecutor who would have to withdraw the criminal complaints. Okay. Anything else for
[01:41:39.180 --> 01:41:46.540]  us, Julius? Yeah, we have to have, and I have done the research to find multiple different
[01:41:46.540 --> 01:41:53.980]  forged signatures by the substitute trustee who conducted before a closure sale on that
[01:41:53.980 --> 01:42:07.980]  property. Absolutely. If you can show that the signatures are forged, absolutely take
[01:42:07.980 --> 01:42:14.340]  complaints to the prosecuting attorney. Normally they want to go straight to the grand jury,
[01:42:14.340 --> 01:42:22.820]  but here we're probably better off applying pressure to the prosecuting attorney. The prosecutor
[01:42:22.820 --> 01:42:31.260]  in Travis County, I think you're in Williamson County, aren't you? Okay, I'm sure you're
[01:42:31.260 --> 01:42:35.860]  Sarah, but I believe Julius is in Williamson County. And for those of you not in Texas,
[01:42:35.860 --> 01:42:41.580]  Williamson County is considered the most corrupt county in the state, and it is the county
[01:42:41.580 --> 01:42:49.500]  just north of Austin. Austin is in Travis County. But in Austin, we have a new prosecutor
[01:42:49.500 --> 01:42:58.780]  coming on. We have a first year prosecutor, a district attorney in office, and we've already
[01:42:58.780 --> 01:43:05.340]  had a candidate put his head in a ring for election. And we're coming up on an election
[01:43:05.340 --> 01:43:14.060]  where the incumbents can look at getting voted out because the voters are so upset. When
[01:43:14.060 --> 01:43:19.940]  the voters don't know who to, when they're upset at the politicians, they don't always
[01:43:19.940 --> 01:43:26.580]  know who to vote for, but they certainly know who to vote against. And in this coming election,
[01:43:26.580 --> 01:43:32.420]  if you're an incumbent, you're at a great disadvantage. So this is a good time for us to generate
[01:43:32.420 --> 01:43:41.900]  some politics. Okay, Julius, you're still there? There he is in Austin. Okay. This is
[01:43:41.900 --> 01:43:46.220]  Randy Kelton, Debbie Stephen, Betty Craig, and we'll be on the radio. Julius, we'll finish
[01:43:46.220 --> 01:43:51.660]  up with you on the other side. We've got Jason and Mark. When we come back, our calling number
[01:43:51.660 --> 01:43:56.820]  is 512-646-1984. We'll be right back.
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[01:45:00.300 --> 01:45:06.700]  Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Jurisdictionary,
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[01:46:24.620 --> 01:46:35.620]  Okay, let's see. We're ready to help with David Steven, David Craig, we're already over
[01:46:35.620 --> 01:46:46.620]  talking to the juniors. Hi, ready? Okay.
[01:46:46.620 --> 01:46:56.620]  Go ahead. You're breaking up there, do you want to say that again?
[01:46:56.620 --> 01:47:00.620]  Okay. Do you have your bar grieve inside? Is that finished yet?
[01:47:00.620 --> 01:47:08.620]  No, I've got it in a programmer's hand and he just kind of disappeared on me. You're
[01:47:08.620 --> 01:47:14.620]  getting frustrated. I've got to try it. I've got to help you out with that turning the questionnaire
[01:47:14.620 --> 01:47:21.620]  or something. I still got to do that for you. Yes, that was, yeah, I gave you some guy the
[01:47:21.620 --> 01:47:26.620]  question, the deal to turn into questions. He didn't get it done either. I'm not going
[01:47:26.620 --> 01:47:33.620]  to mention any names, but his initials are Julius from Texas. Yes.
[01:47:33.620 --> 01:47:39.620]  Okay. We've got a couple more callers. I'll get ahold of you. I should be down in Austin
[01:47:39.620 --> 01:47:48.620]  next week. Okay, good. Okay, now we're going to go to Jason in Texas. Jason, what do you
[01:47:48.620 --> 01:47:55.620]  got for us? There's some good stuff. The ability to network that we have today is a great thing.
[01:47:55.620 --> 01:47:59.620]  As I'm sitting here, I'll hold with y'all. I got a response email from Herman Taylor.
[01:47:59.620 --> 01:48:06.620]  It's really cool to be able to network like that. Last time I spoke with you guys, y'all
[01:48:06.620 --> 01:48:12.620]  were talking about looking for a good fight and saying how the water felt fine. At night
[01:48:12.620 --> 01:48:19.620]  I told you that I was ready to jump, and tonight I'm telling you, watch out, here I come.
[01:48:19.620 --> 01:48:30.620]  Okay. What is the nature of your fight? It's criminal and civil. I've called the show twice
[01:48:30.620 --> 01:48:36.620]  about two different instances, two different events, I should say. I really need to go
[01:48:36.620 --> 01:48:41.620]  through both of them because the third is tied to both. Let me run through them real
[01:48:41.620 --> 01:48:46.620]  quick, the scenarios, and if I lose you or if I'm vague, stop me because we really got
[01:48:46.620 --> 01:48:52.620]  to understand it. About two years ago, I was stopped in front of my house as I was returning
[01:48:52.620 --> 01:48:58.620]  home, and an officer pulls me over, and before I know it, there's six of them there. I pulled
[01:48:58.620 --> 01:49:03.620]  out of gunpoint not knowing why. Apparently somebody called in and drove by and my vehicle
[01:49:03.620 --> 01:49:10.620]  matched the description. My automobile matched the description. I had my pistol with me.
[01:49:10.620 --> 01:49:14.620]  They didn't find it on their initial search. I told them about it. They went back and found
[01:49:14.620 --> 01:49:19.620]  it, and then charged me with unlawful carry saying that the weapon was in plain view when
[01:49:19.620 --> 01:49:27.620]  they didn't find it on their initial sweep. That was on August 23rd of 2009. I just got
[01:49:27.620 --> 01:49:31.620]  that dismissed in my first pretrial hearing yesterday.
[01:49:31.620 --> 01:49:33.620]  Wonderful.
[01:49:33.620 --> 01:49:39.620]  I go after them since they file the charges. You have a slam bay malicious prosecution
[01:49:39.620 --> 01:49:40.620]  procedure.
[01:49:40.620 --> 01:49:47.620]  That's what I'm thinking. I've got to put this all together. It took two years to get
[01:49:47.620 --> 01:49:48.620]  there.
[01:49:48.620 --> 01:49:56.620]  That's good because now that they've dismissed it, they probably dismissed it without
[01:49:56.620 --> 01:50:01.620]  prejudice, but the statute of limitations is up so they can't reinstate.
[01:50:01.620 --> 01:50:11.620]  Right. That was what happened yesterday. I called back in May because in April of this
[01:50:11.620 --> 01:50:17.620]  year, my girlfriend had an accident, an automobile collision within her parking lot of her
[01:50:17.620 --> 01:50:22.620]  apartment. I asked police officers to take a report. They refused. I asked them to take
[01:50:22.620 --> 01:50:26.620]  criminal complaints against the other party because the collision was intentional on the
[01:50:26.620 --> 01:50:35.620]  other party's part. The officers detained me for a failure to give ID, and 38.02 didn't
[01:50:35.620 --> 01:50:41.620]  apply. They had no probable cause yet. They still detained me for 45 minutes. Eddie,
[01:50:41.620 --> 01:50:46.620]  if you'll remember when I was getting out of the car, I demanded that they call dispatch
[01:50:46.620 --> 01:50:51.620]  and tell them that they were releasing me so that I could make my record.
[01:50:51.620 --> 01:50:58.620]  So as the gun charge that's two years old was coming to a wrap, and this is two weeks
[01:50:58.620 --> 01:51:03.620]  ago, my attorney told me, hey, we just need to get an affidavit from your girlfriend who
[01:51:03.620 --> 01:51:07.620]  was in the van with you that says the gun wasn't in plain view, and we need to get an
[01:51:07.620 --> 01:51:11.620]  affidavit from your neighbor that saw the whole thing and saw them go back two times and
[01:51:11.620 --> 01:51:15.620]  search it and find the gun on the second time. I said, okay, great. He said, I'll talk to
[01:51:15.620 --> 01:51:19.620]  the prosecutor. If we get those affidavits and she has something to dispute the officer's
[01:51:19.620 --> 01:51:25.620]  report, then she'll dismiss it because here we are almost two years and a bunch of other
[01:51:25.620 --> 01:51:31.620]  technical crap. So I said, great. Well, I gave him those complaints, or no, I gave him
[01:51:31.620 --> 01:51:37.620]  those affidavits two weeks ago on a Wednesday. Friday, I followed criminal charges against
[01:51:37.620 --> 01:51:42.620]  the four officers who detained me for 45 minutes. I sent them to the district attorney here in
[01:51:42.620 --> 01:51:48.620]  my county, and I sent a cover letter with that telling him, invoking his duty under
[01:51:48.620 --> 01:51:53.620]  code of criminal procedure article 2.03 and told him that I expected a return letter that
[01:51:53.620 --> 01:51:59.620]  he did receive my complaints as well as a date that he would be presenting to the grand jury.
[01:51:59.620 --> 01:52:06.620]  I got his response letter on Tuesday of this week, and it was very short, and this is where
[01:52:06.620 --> 01:52:12.620]  the fight comes in. His response letter says, yes, I did get your criminal complaint, and
[01:52:12.620 --> 01:52:17.620]  then his next paragraph says the grand jury meets on Thursday. If you wish to go present
[01:52:17.620 --> 01:52:25.620]  your complaints in person, you're more than welcome to do so. So that's not what I asked
[01:52:25.620 --> 01:52:35.620]  him to do. Does it matter? That is wonderful. Okay, so he's saying he's not going to present
[01:52:35.620 --> 01:52:45.620]  them. He's playing chicken. Well, no, he's not. He opened the door for you. But I invoked
[01:52:45.620 --> 01:52:51.620]  his specific duty and statute that says he must reduce my complaint to writing and present
[01:52:51.620 --> 01:53:00.620]  it to the grand jury. I understand that. Go to the grand jury, make your complaint, and
[01:53:00.620 --> 01:53:06.620]  then make your complaint against the prosecuting attorney because it was his duty to do it.
[01:53:06.620 --> 01:53:11.620]  Yeah, now you get to present the cops and the district attorney to the grand jury because
[01:53:11.620 --> 01:53:16.620]  he failed to do what the code of criminal procedure required him to do. He opened the door for
[01:53:16.620 --> 01:53:25.620]  you to pick him right in his teeth. However, let's go back to politics. Right, right. If
[01:53:25.620 --> 01:53:31.620]  I'm on the grand jury and you come into me and say that I filed this complaint with the
[01:53:31.620 --> 01:53:37.620]  prosecuting attorney, he was required to present the complaint to the grand jury, and instead
[01:53:37.620 --> 01:53:42.620]  he asked me to present it. So I want you to arrest the prosecutor. I'm going to say you
[01:53:42.620 --> 01:53:48.620]  got to be kidding. Now, if you came to me and said the prosecutor either feared what you
[01:53:48.620 --> 01:53:55.620]  were getting here or refused to let you do it or refused to do it himself, then I'd have
[01:53:55.620 --> 01:54:01.620]  a claim. I don't think you have a valid claim against the prosecutor. The way I read it
[01:54:01.620 --> 01:54:08.620]  is that statutory duty is a statutory duty. Yes, but the prosecutor can state that he
[01:54:08.620 --> 01:54:16.620]  is making this, presenting this to the grand jury through you, that it doesn't necessarily
[01:54:16.620 --> 01:54:22.620]  require him to testify before the grand jury. He's offering you opportunity. I see where
[01:54:22.620 --> 01:54:28.620]  you're going, but there's still the requirement of my complaint being reduced to an information.
[01:54:28.620 --> 01:54:33.620]  You're trying to get them to throw out and refuse to do anything because you're being
[01:54:33.620 --> 01:54:41.620]  unreasonable. Oh, come on. I just want to fight. That's all I want to do. You know, here's
[01:54:41.620 --> 01:54:48.620]  what it is. Do it. Okay. Then let me make a suggestion. Take the complaint against the
[01:54:48.620 --> 01:54:58.620]  prosecutor and put it in your back pocket. Okay. Make your case against the officers.
[01:54:58.620 --> 01:55:03.620]  Once you've made your case against the officers, then you come back with your complaint against
[01:55:03.620 --> 01:55:12.620]  the prosecutor. Don't contaminate the two. I see. You'll have your best shot at getting
[01:55:12.620 --> 01:55:19.620]  the first one. He opened the door. I think that's remarkable. And what I talked about earlier
[01:55:19.620 --> 01:55:25.620]  in the show, what outcome are you trying to achieve? Do you just want to fight? Or do
[01:55:25.620 --> 01:55:30.620]  you want to achieve an outcome? And if you want to achieve an outcome, what is it? It
[01:55:30.620 --> 01:55:36.620]  would be to make them do the right thing in my county. Okay. Then I'm going to suggest
[01:55:36.620 --> 01:55:43.620]  leave the prosecutor alone. That it's wonderful that he stepped aside and made it clear that
[01:55:43.620 --> 01:55:53.620]  he would not interfere with you. The fact that the prosecutor allowed you to present these
[01:55:53.620 --> 01:56:01.620]  officers, consider the political message that's going to send to these officers. That's true.
[01:56:01.620 --> 01:56:07.620]  There's also a little backstory as to why I'm interested in going after him. Okay. Remember,
[01:56:07.620 --> 01:56:13.620]  I was talking about my attorney telling me that if I gave the prosecutor an affidavit
[01:56:13.620 --> 01:56:18.620]  from my girlfriend and my neighbor saying that my gun was not in plain view, they would dismiss
[01:56:18.620 --> 01:56:23.620]  it. Well, when I mailed in my criminal complaints two days later after the prosecutor got those
[01:56:23.620 --> 01:56:28.620]  affidavits, I mailed in the criminal complaints against the police officers for detaining me.
[01:56:28.620 --> 01:56:36.620]  All of a sudden, my dismissal evaporated. My attorney told me that somebody in her and
[01:56:36.620 --> 01:56:41.620]  the prosecutor as a female, somebody in her office told her to hold off on the dismissal
[01:56:41.620 --> 01:56:46.620]  we talked about. I didn't tell him about what I was going to do with my criminal complaints.
[01:56:46.620 --> 01:56:49.620]  He called me and said, hey, I'm down here at the prosecutor's office talking about another
[01:56:49.620 --> 01:56:55.620]  case. We had a dismissal. Did you send a letter to the prosecutor's office or something? Something
[01:56:55.620 --> 01:57:00.620]  with some criminal complaints. I said, well, yeah, I did. He said, well, now our dismissal
[01:57:00.620 --> 01:57:04.620]  that we had negotiated based upon your affidavits is gone.
[01:57:04.620 --> 01:57:15.620]  What did you do that for? What's that? What did you do that for? What was your purpose in
[01:57:15.620 --> 01:57:24.620]  sending those complaints at that time? Well, I've got a 180-day deadline for notice of
[01:57:24.620 --> 01:57:30.620]  claim if I'm going to take any action against the city for that coming up.
[01:57:30.620 --> 01:57:33.620]  That's a tort letter. That's not criminal complaints.
[01:57:33.620 --> 01:57:36.620]  Oh, that's true.
[01:57:36.620 --> 01:57:45.620]  You crept in your own house. You need to back up and consider what your outcomes are. Get
[01:57:45.620 --> 01:57:52.620]  your dismissal. And as soon as you have the dismissal in your hand, then go after these
[01:57:52.620 --> 01:57:59.620]  guys. You had the dismissal in your hand and you went in and made sure you put a threat
[01:57:59.620 --> 01:58:07.620]  against the prosecution so they would have to do something to protect themselves.
[01:58:07.620 --> 01:58:13.620]  Put your face up here next to the mic so I can whack you right through the microphone.
[01:58:13.620 --> 01:58:22.620]  I'll knock some scents into you. Bye-bye. Okay. You will probably get the dismissal anyway.
[01:58:22.620 --> 01:58:24.620]  Oh, I got it already.
[01:58:24.620 --> 01:58:26.620]  Oh, so you do have it anyway. Good. Good.
[01:58:26.620 --> 01:58:28.620]  Yeah, it was yesterday.
[01:58:28.620 --> 01:58:37.620]  Okay. Go present the complaints. And when you're done with that, then come back with the
[01:58:37.620 --> 01:58:43.620]  complaints against the prosecutor if it will serve a purpose.
[01:58:43.620 --> 01:58:44.620]  Okay.
[01:58:44.620 --> 01:58:49.620]  But before you present the prosecutor, he's allowed you to go to the grand jury. Don't
[01:58:49.620 --> 01:58:54.620]  screw that up for him. That would be... Let me address this a little bit on the other
[01:58:54.620 --> 01:58:55.620]  side. This ran to count.
[01:58:55.620 --> 01:58:59.620]  David said, Greg, move on radio. We'll be right back.
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