ROL_2011-11-03_16k.timecode
[00:00.000 --> 00:05.000] This news brief brought to you by the International Newsnet.
[00:05.000 --> 00:10.000] Sources in the city of Homs said Syrian security forces Thursday killed five people.
[00:10.000 --> 00:17.000] The deaths come one day after the government agreed to pull the military out of cities as part of an Arab League initiative.
[00:17.000 --> 00:23.000] The killings are the latest in seven months of street protests demanding the removal of President Bashar al-Assad
[00:23.000 --> 00:27.000] and a nascent armed insurgency against his rule.
[00:27.000 --> 00:33.000] A Tibetan nun burns herself to death in southwest China Thursday.
[00:33.000 --> 00:41.000] She is the 11th Tibetan this year to die from self-emolation in a region that has become the center of defiance against Chinese control.
[00:41.000 --> 00:46.000] China has ruled Tibet with an iron fist since troops invaded in 1950.
[00:46.000 --> 00:53.000] The Chinese Foreign Ministry says Tibet's exile spiritual leader, the Dalai Lama, should take the blame for the deaths.
[00:53.000 --> 01:01.000] Three protesters were hospitalized Thursday after Occupy Oakland, who had taken over a downtown office building,
[01:01.000 --> 01:04.000] were fired up with tear gas by riot police.
[01:04.000 --> 01:11.000] Occupyers had taken over the Travelers Aid Society, a nonprofit organization that assists the homeless,
[01:11.000 --> 01:14.000] but whose doors were shut due to funding cuts.
[01:14.000 --> 01:17.000] The activists had declared the space a community center.
[01:17.000 --> 01:22.000] Federal prosecutors Tuesday sued Allied home mortgage capital.
[01:22.000 --> 01:30.000] The country's largest privately held mortgage broker and two top executives accusing them of running a massive fraud scheme
[01:30.000 --> 01:37.000] that cost the government at least $834 million in insurance claims on defaulted home loans.
[01:37.000 --> 01:45.000] Allied and its founder and chief executive Jim Hodge were the subject of stories by the website ProPublica in 2010,
[01:45.000 --> 01:52.000] which detailed misconduct, lawsuits and government sanctions spanning at least 18 states over seven years.
[01:52.000 --> 02:00.000] Borrowers recounted how they'd been lied to by Allied employees, who in some cases siphoned loan proceeds for personal gain.
[02:00.000 --> 02:02.000] Some borrowers lost their homes.
[02:02.000 --> 02:09.000] Despite years of warnings, the federal government had not until this week prevented the company from issuing new mortgages.
[02:09.000 --> 02:16.000] The suit seeks triple damages and civil penalties, which could total $2.5 billion.
[02:17.000 --> 02:24.000] Muammar Gaddafi's son Saadi was smuggled into Niger by a team of ex-special forces soldiers from around the world.
[02:24.000 --> 02:33.000] Gary Peters, a former Australian soldier who claimed to be Saadi's personal bodyguard, says his boss is facing demands for his extradition from Niger.
[02:33.000 --> 02:43.000] Peters, an Australian who lives in Ontario, Canada, said his team of New Zealand, Australian, Russian and Iraqi ex-special forces soldiers escorted Saadi to Niger
[02:43.000 --> 02:47.000] after his flight from Tripoli as it fell to rebel forces in August.
[02:47.000 --> 02:52.000] Peters said Saadi was hoping to move to Canada or Mexico where he had investments.
[02:52.000 --> 02:54.000] Peters said, he loves Canada.
[02:54.000 --> 03:00.000] That's why he keeps coming back here, adding, he wants to move to Canada, but I was warned by the Royal Canadian Mounted Police.
[03:00.000 --> 03:04.000] If he comes here, they will arrest him straight away.
[03:31.000 --> 03:38.000] Bad boys, what do you want? What do you want? What are you going to do?
[03:38.000 --> 03:41.000] Well, every son and girl will come for you.
[03:44.000 --> 03:48.000] Tell me, what do you want to do? What are you going to do?
[03:52.000 --> 03:57.000] Bad boys, bad boys, what you going to do? What you going to do when they come for you?
[03:57.000 --> 04:03.000] Bad boys, bad boys, what you going to do? What you going to do when they come for you?
[04:03.000 --> 04:08.000] When you were eight and you had bad dreams, you go to school and learn the golden rules.
[04:08.000 --> 04:12.000] So why are you acting like a bloody fool? Is it your gift?
[04:14.000 --> 04:19.000] Bad boys, bad boys, what you going to do? What you going to do when they come for you?
[04:19.000 --> 04:25.000] Bad boys, bad boys, what you going to do? What you going to do when they come for you?
[04:25.000 --> 04:28.000] Bad boys, bad boys, what you going to do? What you going to do when they come for you?
[04:28.000 --> 04:40.000] Bad boys, bad boys, what you going to do? Bad boys, bad boys, what you going to do?
[04:40.000 --> 04:48.000] What you going to do? What you going to do? What you going to do when they come for you?
[04:48.000 --> 05:08.000] We're not giving you no break here on the rule of law, ruleoflawradio.com.
[05:08.000 --> 05:22.000] Tonight is Thursday, November 3rd, 2011. I'm Deborah Stevens. I'm here with Randy Kelton and Eddie Craig.
[05:22.000 --> 05:36.000] We are taking your calls tonight, 512-646-1984. And folks, if you didn't hear last Friday's broadcast, Randy is out.
[05:36.000 --> 05:41.000] He is currently a free man. We hope it lasts. We don't know how long it's going to last.
[05:41.000 --> 05:45.000] He's got a hearing coming up at the end of this month for the contempt charges.
[05:45.000 --> 05:58.000] And folks, we do still need your help. We just barely were able to gather enough funds to bail Randy out and pay for some of the very delinquent network expenses around here.
[05:58.000 --> 06:10.000] And we need your help right now. So folks, if you could please donate 512-646-1984 because Randy is looking at having to hire an attorney.
[06:10.000 --> 06:20.000] That was part of the conditions for his continuance on the contempt charges, the contempt hearing that's going to be happening later this month.
[06:20.000 --> 06:35.000] And also, it looks like he's going to have to be paying for the transcript for the appeal, which is going to cost anywhere from $2,200 to $3,000 from the hearing on the first charges for the private investigator thing.
[06:35.000 --> 06:42.000] So folks, we do need your help. 512-646-1984 is the calling number if you'd like to call in and talk.
[06:42.000 --> 06:53.000] So Randy, why don't you give us an update on what you're filing? What is the plan here? How are we going to deal with the situation and go after these bad guys?
[06:53.000 --> 07:13.000] Okay, what I'm trying to do now is I've been the last few days preparing a petition for Rita Mandamus. And in the trial, I filed a motion to disqualify the presiding judge.
[07:13.000 --> 07:28.000] The judge sent the motion to the head administrative judge of the district the way he's required to do because a judge cannot rule on a motion to refuse or a motion to disqualify himself.
[07:28.000 --> 07:37.000] That has to be forwarded to an administrative judge who can either rule on it himself or appoint another judge to hear the motion.
[07:37.000 --> 07:51.000] Well, he sent the motion to the head administrative judge who looked at it and decided to treat it as a motion to refuse and dismissed it because it wasn't verified.
[07:51.000 --> 08:03.000] Problem is, it was a motion to disqualify and the rules forbid the judge from dismissing it because it fails to meet their specific rules.
[08:03.000 --> 08:10.000] Well, I filed a amended motion to disqualify that was verified.
[08:10.000 --> 08:19.000] And the judge ruled that since I had already filed one motion to disqualify, I could not file another.
[08:19.000 --> 08:24.000] When in fact the rules allow me to file as many as I want to.
[08:24.000 --> 08:33.000] In any case, I subsequently filed a motion to disqualify the head administrative judge.
[08:33.000 --> 08:42.000] And when I filed the second motion to disqualify, the rules required that he send that to the head administrative judge.
[08:42.000 --> 08:56.000] But since I had disqualified that judge, then that judge had to appoint another judge to receive the motion to disqualify.
[08:56.000 --> 09:03.000] But it didn't matter because the presiding judge didn't send it forward anyway.
[09:03.000 --> 09:18.000] That says once a motion to disqualify or to recuse is filed with the court, the court loses plenary jurisdiction.
[09:18.000 --> 09:24.000] He can no more rulings until a ruling is had on the motion.
[09:24.000 --> 09:41.000] So the motion for a writ of mandamus is asking the court to order the trial judge to forward the motion to disqualify in accordance with Rule 18A.
[09:41.000 --> 09:55.000] And in accordance with Rule 18A, since the judge is not allowed to issue any further rulings to render void all of the subsequent rulings the judge has made in the case.
[09:55.000 --> 10:01.000] That that would throw out the prosecution, throw out the contempt, throw out everything.
[10:01.000 --> 10:13.000] Then he must forward the motion to head administrative judge in the district. Now if the judge dismisses the motion out of hand, still makes no difference.
[10:13.000 --> 10:23.000] Since the judge was not allowed to make any rulings after the motion to disqualify, that should get rid of everything.
[10:23.000 --> 10:39.000] And then I have in two or three other motions. Once I have a motion for a new trial, I will be preparing a motion to disqualify him from that.
[10:39.000 --> 10:47.000] I'm moving ahead and getting a lot more information on how to handle appeals and especially mandamus.
[10:47.000 --> 11:02.000] So if the mandamus, if there is an honest judge in Texas, this mandamus is a very easy motion to handle because the law is absolutely clear here.
[11:02.000 --> 11:07.000] There's no wiggle room. So that should stop everything.
[11:07.000 --> 11:22.000] Get me back to square one. And then if I can get a judge who's not involved in this issue, I ask him to rule on the sufficiency of the complaint.
[11:22.000 --> 11:29.000] And I'd like to talk about that just a little bit. I asked for a Frank's hearing.
[11:29.000 --> 11:38.000] And at the Frank's hearing, I got the guy who filed the complaint on the stand.
[11:38.000 --> 11:50.000] And I asked him, what are the elements of the crime of operating a private investigating business without a license?
[11:50.000 --> 12:03.000] And he said he didn't know. So I asked, well, what would I have to do to violate the act?
[12:03.000 --> 12:06.000] And he said, well, he didn't know.
[12:06.000 --> 12:13.000] Well, what constitutes a violation of the act? He said, I have no idea.
[12:13.000 --> 12:20.000] Well, why'd you file the charges? He said that he gave my original complaints to the district attorney.
[12:20.000 --> 12:31.000] Then the district attorney, instead of giving him to the grand jury, the way he's required to by law, went to the county attorney who I'd filed criminal charges against
[12:31.000 --> 12:44.000] and told the county attorney that this was a crime. So the county attorney went to Joe Evans and told Joe Evans to file this complaint.
[12:44.000 --> 12:55.000] And the complaint contained no facts in support of the allegation.
[12:55.000 --> 13:01.000] So the Frank's hearing was to determine the sufficiency of the complaint.
[13:01.000 --> 13:12.000] Well, even with that testimony, the judge overruled my motion to quash the complaint as insufficient.
[13:12.000 --> 13:28.000] Two days later, the county attorney filed an amended information and the amended information included what supposedly I did to violate the act.
[13:28.000 --> 13:42.000] And it said that I prepared information for the purpose of presenting to a government, to a court, as an example, the grand jury.
[13:42.000 --> 13:56.000] So if he made it absolutely clear that I was being charged with a crime for filing a complaint with the grand jury, this guy has to be absolutely brain dead.
[13:56.000 --> 14:04.000] I didn't know about that until the trial because he never sent the motion to me. I was never served with it.
[14:04.000 --> 14:15.000] He filed the motion on the 27th of April. On the 29th of April, the judge ruled on the motion and granted it.
[14:15.000 --> 14:20.000] Ex parte without me being notified about holding a hearing.
[14:20.000 --> 14:36.000] So in effect, what the judge did was rule on the 25th that the complaint was sufficient and the information was sufficient on their face because I had a motion in to quash both of them.
[14:36.000 --> 14:46.000] He ruled they were sufficient and then two days later he gets a motion to amend and he approves the motion to amend without even holding a hearing.
[14:46.000 --> 14:54.000] It is about as close to admission that the original ruling was false on its face.
[14:54.000 --> 15:03.000] And then what they actually charged me with was is enough that they may well wind up going to prison.
[15:03.000 --> 15:12.000] If there is a single honest judge in Texas, these guys can look at going to prison.
[15:12.000 --> 15:19.000] What else all this research pointed to was this issue of court of inquiry.
[15:19.000 --> 15:32.000] As I've been looking at a court of inquiry and I filed a few requests for court of inquiry in Texas under chapter 52 court of inquiry.
[15:32.000 --> 15:37.000] A court of inquiry is kind of like an examining trial.
[15:37.000 --> 15:53.000] A judge in a court of inquiry sits as a magistrate to examine into criminal accusations of criminal actions primarily by public officials.
[15:53.000 --> 16:11.000] So I filed a few and the judges failed to act on them and in looking through the case law it appears that if I filed for a court of inquiry and one's not begun, then I can petition for a writ of mandamus to a higher court to order them to do it.
[16:11.000 --> 16:26.000] So it appears though this may turn out to be a rather powerful tool that we can use to force these judges to get off the dime and do what they're required to do.
[16:26.000 --> 16:36.000] This may turn out to be a good learning experience is kind of taking me to the next level.
[16:36.000 --> 16:43.000] OK, the calling line is open. 512-646-1984. We'll be taking your questions.
[16:43.000 --> 17:01.000] This is Randy Kelton, David Stevens, Ada Craig, Wibbler Radio. We'll be right back on the other side.
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[17:24.000 --> 17:33.000] We can even help you set up a metals IRA account. Call us at 512-646-640 for more details.
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[20:25.000 --> 20:36.280] in number it's 512-646-1984 we have Steve in Texas Steve what do you got for us
[20:36.280 --> 20:45.560] tonight hello Randy welcome back thank you it's nice to be back and being out of
[20:45.560 --> 20:52.440] jail is so much better than being in jail yeah but I heard that they treat
[20:52.440 --> 20:56.880] you right when you were inside well it can't help yes I was real pleased with
[20:56.880 --> 21:04.400] the treatment I got from the jail guards of all the time I was in there not one
[21:04.400 --> 21:11.280] time did a single jailer use so much as a harsh turn of voice with me or anybody
[21:11.280 --> 21:15.360] else that they talked to so it wasn't just me it was just the style of how
[21:15.360 --> 21:23.360] they treated people I was really surprised no but there was some shenanigans
[21:23.360 --> 21:27.320] going on behind the scenes though Randy I can promise you that I've already
[21:27.320 --> 21:31.760] uncovered shenanigans with a rust post office that they wouldn't deliver mail
[21:31.760 --> 21:36.520] to you as they were supposed to I've already verified that with Austin post
[21:36.520 --> 21:41.800] office they also put you in a solitary confinement without reason with no cause
[21:41.800 --> 21:45.880] we still need to trace down why that happened they weren't allowing you
[21:45.880 --> 21:50.840] access to telephones the way they were supposed to it goes on and on they
[21:50.840 --> 21:54.000] weren't bringing you your mail they weren't they weren't giving you your
[21:54.000 --> 21:58.240] phone cards after you paid for them so so they may have been giving you lip
[21:58.240 --> 22:03.120] service but that's about it yeah they were they weren't abusive that they
[22:03.120 --> 22:08.920] weren't verbally verbally or physically abusive but yes there were some
[22:08.920 --> 22:14.640] problems the first day there I asked for access to the legal library and they
[22:14.640 --> 22:21.800] said oh sure no problem and they took me to this room they used as a chapel he
[22:21.800 --> 22:27.400] didn't have anything in it but himmels now a lot of people use the Bible is
[22:27.400 --> 22:33.200] lawy didn't even have one of those there was a there was a computer sitting in
[22:33.200 --> 22:42.280] the floor and after right about two weeks I put in a complaint against the
[22:42.280 --> 22:49.520] jail for failing to provide reasonable accommodations for the purpose of
[22:49.520 --> 23:00.560] allowing me to opt to X to exercise my right to represent myself and that didn't
[23:00.560 --> 23:08.720] help and then I was taken out on the 14th for a hearing on contempt of court
[23:08.720 --> 23:14.000] which I wouldn't let him have because he wouldn't appoint counsel and I raised
[23:14.000 --> 23:19.760] this issue of lack of accommodation and they brought in the jail administrator
[23:19.760 --> 23:25.520] and I got to work him on the stand a little bit and I mentioned this computer
[23:25.520 --> 23:30.720] they had sitting in the floor oh yeah that computer well we put got it up and
[23:30.720 --> 23:35.280] set it on the table and it's it's working it does it has all the stuff you
[23:35.280 --> 23:45.400] need in there say what they had it the whole time but somebody unplugged the
[23:45.400 --> 23:51.160] computer and set it in the floor and even with me filing a criminal complaint
[23:51.160 --> 23:55.040] against the sheriff for them not giving me access they still left it in the
[23:55.040 --> 24:05.360] floor someone told them to do that someone told them not to bring me phone
[24:05.360 --> 24:12.080] cards they said oh they ran out of phone cards I think that was absolutely not
[24:12.080 --> 24:20.760] true in looking at what this judge and prosecutor have done you know you'd
[24:20.760 --> 24:28.200] look at it it looks you wonder do they know something we don't know is there
[24:28.200 --> 24:36.400] absolutely not a single honest judge in the state of Texas because if there is
[24:36.400 --> 24:44.000] one these guys are likely to go to prison so why would they do this stuff
[24:44.000 --> 24:51.920] unless they're incredibly dumb or they got into something they couldn't get out
[24:51.920 --> 24:57.520] of and they're doing everything they can to keep me from getting a shot back at
[24:57.520 --> 25:04.160] them and that's what I think is going on that's why they put me in solitary they
[25:04.160 --> 25:08.800] didn't want me having access to a phone they didn't the judge when he set bond
[25:08.800 --> 25:16.480] he didn't set bond the bail bond in Texas is defined as a written
[25:16.480 --> 25:24.320] undertaking between the state and the accused whereas I agree to put up my
[25:24.320 --> 25:32.920] property as surety but it authorizes the posting of money view United States
[25:32.920 --> 25:41.360] money in lieu of of having sure surety sign a bail bond that was my option as
[25:41.360 --> 25:48.440] the judges the when I went to court the prosecutor turned me brought in a print
[25:48.440 --> 25:54.240] out of the front page of the website and it showed that you it had collected
[25:54.240 --> 26:01.560] $2,000 I didn't know anything about it until just then and I was just elated
[26:01.560 --> 26:06.840] the judge said a cash bond at two and a half times what he thought I could
[26:06.840 --> 26:14.640] produce and you guys have no idea how good it felt when I called any later
[26:14.640 --> 26:22.640] that day and he said oh yeah we've got that much that was incredible but the
[26:22.640 --> 26:26.760] judge did everything he could to bury me in there that's why he filed the
[26:26.760 --> 26:34.200] contempt of court charges so that he I think he was expecting to get and not
[26:34.200 --> 26:41.760] guilty to me and with the contempt of court he could still hold me but he
[26:41.760 --> 26:48.240] screwed up more than he realized because he lied to the jury and told them that
[26:48.240 --> 26:51.880] there was no law allowing a private citizen to file complaints with the
[26:51.880 --> 26:58.520] grand jury and that was absolutely not true but the jury believed that and can
[26:58.520 --> 27:02.200] pull the jury after the trial and they said that was a primary reason they
[27:02.200 --> 27:10.240] convicted because the judge lied to him and I think now they're beginning to see
[27:10.240 --> 27:14.880] you know it's clear they're having a problem so I think they just tried to
[27:14.880 --> 27:19.360] bury me in there and it appears as though that in the past they've had people
[27:19.360 --> 27:26.400] that they really that tried to anybody it seems who tries to fight their charges
[27:26.400 --> 27:31.560] these guys try to bury them and for the most time they get away with it they get
[27:31.560 --> 27:36.440] a person into a position where they just can't fight back the problem with me is
[27:36.440 --> 27:42.440] is I got you folks out there well Randy I have a question did you man did you
[27:42.440 --> 27:47.160] were you able to sneak in on a cross-examination this question that I'm
[27:47.160 --> 27:50.520] gonna pose so in the reason I'm asking that is so that you wouldn't have had to
[27:50.520 --> 27:54.240] have got on the witness stand yourself but were you able to mention this
[27:54.240 --> 28:00.040] statute at any point in time concerning that the enumeration of the right to go
[28:00.040 --> 28:05.920] to our grand jury's with criminal charges yes I did and so what so so did
[28:05.920 --> 28:11.520] that was your my commuted at that point in time I mean I'm just wondering why
[28:11.520 --> 28:15.600] you're able to why you were able to mention the statute that allowed that
[28:15.600 --> 28:19.720] enumerates our right because honestly we don't need a statute allowing us to do
[28:19.720 --> 28:23.480] that if if there's no statute that prohibits it we can do it but there
[28:23.480 --> 28:28.080] actually is a statute that enumerates the right for us to bring charges to the
[28:28.080 --> 28:31.960] grand jury and so if you are actually able to mention that in open court that's
[28:31.960 --> 28:36.800] in direct conflict with the judge saying that there is no statute that allows
[28:36.800 --> 28:41.960] that so I don't understand how that the jury still you know what do they just
[28:41.960 --> 28:45.680] think you're a liar when you said that there is no statute and here's the
[28:45.680 --> 28:48.880] statute number I mean did they think you were lying or what I mean I don't
[28:48.880 --> 28:56.720] understand they didn't understand the subtlety 20 20.09 says that the grand
[28:56.720 --> 29:01.520] jury shall investigate into all criminal accusations that come of their own
[29:01.520 --> 29:07.440] knowledge or by way of the prosecuting attorney or any credible person and the
[29:07.440 --> 29:12.160] judge told them that there was no law authorizing me a citizen to bring
[29:12.160 --> 29:16.240] criminal complaints to the grand jury they didn't understand the subtlety they
[29:16.240 --> 29:20.200] didn't understand that that's the law that says that and with the prosecuting
[29:20.200 --> 29:26.280] attorney objecting to every word I said I couldn't get it to him right couldn't
[29:26.280 --> 29:32.120] get the explanation I was able to read the statute but I couldn't get through
[29:32.120 --> 29:37.880] the explanation and I didn't have time this caught me so by surprise well yeah
[29:37.880 --> 29:40.480] there was no nature in cause you didn't know what they were going to present
[29:40.480 --> 29:44.040] against you was in the ambush talk Steve I'm sorry we've we've spent the whole
[29:44.040 --> 29:47.800] segment talking about Randy's thing but we've never even gotten to your question
[29:47.800 --> 29:52.280] can you stay right there and we'll get your question on the other side okay
[29:52.280 --> 29:56.520] thanks for holding Steve all right we'll be right back this is rule of law 5126
[29:56.520 --> 30:04.240] for 61984 this is building 7 a 47-story skyscraper that fell on the
[30:04.240 --> 30:07.360] afternoon of September 11 the government says that fire brought it down
[30:07.360 --> 30:12.000] however 1500 architects and engineers have concluded it was a controlled
[30:12.000 --> 30:15.560] demolition over 6,000 my fellow service members have given their lives and
[30:15.560 --> 30:19.680] thousands of my fellow first responders of dying I'm not a conspiracy theorist
[30:19.680 --> 30:22.760] structural engineer New York City correction office I'm an Air Force
[30:22.760 --> 30:27.360] pilot I'm a father who lost his son we are Americans and we deserve the truth go
[30:27.360 --> 30:32.000] to RememberBuilding7.org today
[30:32.000 --> 30:37.160] uh folks hate Monday because it means the start of another work week but
[30:37.160 --> 30:40.840] there's one activity you can start on Monday that's likely to be a smashing
[30:40.840 --> 30:45.360] success and Dr. Catherine Albrecht and I'll be right back to tell you what it is
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[30:55.280 --> 30:59.800] vanish too so protect your rights say no to surveillance and keep your
[30:59.800 --> 31:04.960] information to yourself privacy it's worth hanging on to this public service
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[31:41.920 --> 31:46.720] far more likely to shed the most weight in teeth the weight off so maybe Fleetwood
[31:46.720 --> 31:51.960] Mack had it right when they sang Monday morning you sure looked fine and Dr.
[31:51.960 --> 31:57.880] Catherine Albrecht more news and information at CatherineAlbrecht.com
[31:57.880 --> 32:15.680] okay folks we are back we're taking your calls 512-646-1984 Steve sorry to put you
[32:15.680 --> 32:18.960] on hold there for that long while we were discussing Randy's case you kind of
[32:18.960 --> 32:22.920] opened the door for us and so we had a few comments but go ahead what is your
[32:22.920 --> 32:30.720] question for us tonight so I was the I have a mortgage and I this mortgage was
[32:30.720 --> 32:38.880] the stipulated time with the first bank and then some day I received the letter
[32:38.880 --> 32:45.360] from another bank saying hey we have your mortgage now and we you're going to pay
[32:45.360 --> 32:53.320] us from now on so after listening to your program I thought well it's kind of
[32:53.320 --> 32:59.120] weird and I wanted to have it like an insurance or proof that they really were
[32:59.120 --> 33:06.200] the owner of the mortgage so first I sent I tried to call them on the on the
[33:06.200 --> 33:12.560] on the phone and asked them if I could see the note the original note not just
[33:12.560 --> 33:18.760] the copy of the ego trust and they told me initially yes we're gonna see how we
[33:18.760 --> 33:24.080] can do it but I never actually received any answer following that
[33:24.080 --> 33:29.760] conversation so I sent them a letter stating I want to see the note playing
[33:29.760 --> 33:37.040] your the owner of the note so let me see it and currently they mailed me a copy
[33:37.040 --> 33:46.040] of this of the ego trust and finally I called them again and said I asked for
[33:46.040 --> 33:50.320] the original note I have to see the original note and these person on the
[33:50.320 --> 33:58.120] phone stated that they could not give me the note because in that case they would
[33:58.120 --> 34:02.800] not be able to collect and I said that I understand that but I just want to see
[34:02.800 --> 34:07.880] the note I want to see that you are in possession of the note and finally after
[34:07.880 --> 34:13.200] waiting about 30 minutes and probably they talked to a couple of managers they
[34:13.200 --> 34:20.120] came back to me and say we have no procedure or no policy in place for you
[34:20.120 --> 34:29.120] to see the note so I started putting together a suit with the Randy's method
[34:29.120 --> 34:40.720] and I would like to know exactly how I should go on with the process Randy are
[34:40.720 --> 34:51.520] you still there I'm not sure Randy's still here folks we lost Randy we may have
[34:51.520 --> 35:00.520] lost them okay there is had to find I didn't realize I was muted okay primarily
[35:00.520 --> 35:10.840] you want to file suit claiming that this entity is a debt collector that he's a
[35:10.840 --> 35:19.240] debt collector who's made a claim to have having authority to collect this
[35:19.240 --> 35:28.640] debt he's made a claim that he is an agent for a principle on a promissory
[35:28.640 --> 35:35.720] note that you allegedly signed and what you do in this particular case
[35:35.720 --> 35:39.280] especially if you're not behind on your mortgage this is a great time to go
[35:39.280 --> 35:47.560] after him is you tell them that you don't know what they're talking about what
[35:47.560 --> 35:53.920] note you don't know anything about a note I guess the first question when you
[35:53.920 --> 36:00.280] entered into the mortgage agreement did you enter into the agreement to the
[36:00.280 --> 36:08.240] agreement with the person who is now attempting to collect the note no agreement
[36:08.240 --> 36:15.680] what it was with a different person so you don't know who this person is what
[36:15.680 --> 36:20.960] note what are you talking about I never entered into a contract with you I never
[36:20.960 --> 36:24.840] entered into a contract with you the principle that you're claiming to
[36:24.840 --> 36:33.680] represent so asking for the original note is insufficient because they may
[36:33.680 --> 36:41.600] actually come up with the original note big deal what you want to know if they
[36:41.600 --> 36:47.080] show you the original note then you look at it and say well this says I agreed to
[36:47.080 --> 36:55.000] pay these people over here not you so how do you come by holdership of this
[36:55.000 --> 37:04.600] note the only way the servicer can show that they are acting as the agent for
[37:04.600 --> 37:10.580] the holder of the note is to give you a note with a complete set of a
[37:10.580 --> 37:16.520] lounges or a complete set of assignments which are in the form of
[37:16.520 --> 37:24.480] endorsements and I said a lounges and a launch is a document attached to a
[37:24.480 --> 37:30.000] negotiable instrument if you say you have a check and you you write me a
[37:30.000 --> 37:34.600] check and instead of going to the bank with it I just signed it over to
[37:34.600 --> 37:39.800] somebody else and then they take it and sign it to somebody else if you've
[37:39.800 --> 37:44.680] ever purchased a car from a dealership you'll sometimes see that the title is
[37:44.680 --> 37:48.440] which is essentially a negotiable instrument they'll have three or four
[37:48.440 --> 37:53.600] different signatures only there's actually places for multiple assignments on
[37:53.600 --> 38:00.040] the back of a title and this is a similar process in order for him to prove
[38:00.040 --> 38:06.440] that he is the holder I'm sorry I was explaining explaining a lounges if you
[38:06.440 --> 38:09.600] don't have room on the document for all the signatures they attach another
[38:09.600 --> 38:16.800] document to put more signatures on that's called in a launch so he has to
[38:16.800 --> 38:25.760] bring you the note with a complete chain of holdership from the person you
[38:25.760 --> 38:31.080] originally entered into a contract with showing where that person or entity
[38:31.080 --> 38:37.160] assigned the note to another entity who then assigned it to another who then
[38:37.160 --> 38:42.480] assigned it to another and who eventually signed it to you in a complete
[38:42.480 --> 38:53.600] unbroken chain of holdership absent that he has no standing we just had a case in
[38:53.600 --> 39:00.200] New Hampshire New Hampshire has a land court a special court for just land
[39:00.200 --> 39:08.040] issues this guy bought a house at a foreclosure auction and once he got the
[39:08.040 --> 39:13.960] property he wanted to to get quiet title and there's a method in New Hampshire
[39:13.960 --> 39:22.920] for trying title and you file with the court and then you there's a similar
[39:22.920 --> 39:30.480] method here in Texas by the way you publish a announcement in the paper
[39:30.480 --> 39:35.200] and ask anyone who has a claim against this property to come forward and
[39:35.200 --> 39:40.680] there's a number of times you have to do it there's a several rules on how to get
[39:40.680 --> 39:45.880] all this done and you go before the court and the court will say is there
[39:45.880 --> 39:50.040] anyone who has an objection and if nobody raises an objection they give you
[39:50.040 --> 39:55.160] quiet title so this is what he went to do he took it to the land court and asked
[39:55.160 --> 40:01.960] them to start a procedure to try title and the court looked at his paperwork and
[40:01.960 --> 40:08.840] they said well according to your paperwork the trustee was not assigned as
[40:08.840 --> 40:16.720] trustee until a month after the property was sold so in that case you
[40:16.720 --> 40:25.840] purchased from the trustee what the trustee had to sell which was nothing
[40:25.840 --> 40:32.560] now understand how important this is this was not the original owner coming
[40:32.560 --> 40:37.760] back and trying to get his property back this was just the person who
[40:37.760 --> 40:43.480] purchased it went to the court and asked for a quiet title and then and the
[40:43.480 --> 40:49.600] court looked at it said you don't have a complete chain of ownership in order for
[40:49.600 --> 40:56.600] that trustee to sell he had to have an assignment from a true holder and he
[40:56.600 --> 41:05.240] didn't so if the owner of that property finds out about this he could come in
[41:05.240 --> 41:11.840] step and sue this person throw him out of the property take probably back we're
[41:11.840 --> 41:18.680] getting more and more rulings of this nature and the in the real estate part
[41:18.680 --> 41:27.560] that I do the first thing we do is file a suit claiming that this person is not
[41:27.560 --> 41:37.400] an agent for the holder of the note if a someone is trying to collect a debt and
[41:37.400 --> 41:43.960] they are an agent for the person who actually holds the debt original holds
[41:43.960 --> 41:51.160] the debt then they are in a mortgage in a matter of a consumer mortgage they're
[41:51.160 --> 42:00.680] not considered a debt collector but if like with credit cards if the note has
[42:00.680 --> 42:05.880] been sold to someone else and they're not the originator of the note they're
[42:05.880 --> 42:13.680] trying to collect it they're a debt collector so here's the situation this
[42:13.680 --> 42:19.200] guy may actually be an agent for the holder in which case he's not a debt
[42:19.200 --> 42:30.520] collector but you don't know that so the person for the deed of trust yeah if he
[42:30.520 --> 42:37.240] does have a proper assignment and the only way he can show that he has a proper
[42:37.240 --> 42:44.200] assignment is to show a complete chain he needed he has to show that he was
[42:44.200 --> 42:51.840] assigned the debt by the true holder of the note and the only to do that is to
[42:51.840 --> 42:57.400] show a complete chain of title I'm sorry a complete chain of holdership not
[42:57.400 --> 43:04.240] title title goes to the lean he has to show a complete chain of holdership of
[43:04.240 --> 43:12.180] the security instrument from the originator to his current principle the
[43:12.180 --> 43:18.240] principle he claims to be the agent for that's the only way he can do that if he
[43:18.240 --> 43:23.880] can't do that then he's a debt collector tried to collect a debt and falls
[43:23.880 --> 43:29.160] into the Fair Debt Collections Practices Act and if a debt collector makes a
[43:29.160 --> 43:34.160] threat of taking an action that he either does not attend to take or is not
[43:34.160 --> 43:40.160] allowed to take that's a violation the app costs a thousand bucks a civil rights
[43:40.160 --> 43:45.280] violation you can see him in the federal court this is Randy Kelton, Dennis Stevens,
[43:45.280 --> 43:54.600] Eddie Craig, New Law Radio, calling line is 512-646-1984, I see Kathy on the line
[43:54.600 --> 44:01.160] finish up with you on the other side Steve and we'll take Kathy
[44:01.160 --> 44:06.160] The Oakland City bombing top 10 reasons to question the official story reason
[44:06.160 --> 44:11.600] number two why was the ATF AWOL? Paramedic Tiffany Bible who's on the scene
[44:11.600 --> 44:15.400] within five minutes has stated in an effort David that agents of the Bureau
[44:15.400 --> 44:19.280] of Alcohol, Tobacco and Firearms told her that they were not in their office that
[44:19.280 --> 44:23.480] morning. E&T Catherine Mallant also overheard one agent say to another, close
[44:23.480 --> 44:28.480] is that why we got the page to not come in today, end quote. Bruce Shaw's interview
[44:28.480 --> 44:33.520] on KSLOR TV was also told by ATF agents that they had been paid to not come in
[44:33.520 --> 44:38.640] to work. The ATF initially denied these claims and now variously claim that one
[44:38.640 --> 44:42.000] of their agents was in a free-falling elevator which has been disproven or
[44:42.000 --> 44:44.920] that they'd been in an all-night stakeout or that they'd been at a golf
[44:44.920 --> 44:49.880] tournament. As they try to sort out their lives all we want to know is did the ATF
[44:49.880 --> 44:54.160] receive a warning and if so why did they not pass it on to others in the
[44:54.160 --> 44:59.840] world? For more information go to okcfoundentruth.com
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[46:27.400 --> 46:32.680] I'm a warrior of love, a scalpel and a key to peace. All that's taken is an
[46:32.680 --> 46:40.320] understanding. Somebody calls the police. Watch where the sparks fly.
[46:42.320 --> 46:46.320] Watch where the sparks fly.
[46:48.320 --> 46:52.320] Watch where the sparks fly.
[46:52.320 --> 46:56.320] Watch where the sparks fly.
[47:01.320 --> 47:05.320] The friction is in the fiction. The hard work can lead you to all this now.
[47:06.320 --> 47:08.320] I've been the hot fillet deep touch right now.
[47:08.320 --> 47:14.320] Okay, we're back. I'm going to tell Steve and Betty Craig. We're on the radio. We're talking to Steve.
[47:15.320 --> 47:21.320] And, uh, okay, Steve, I'll try to kind of shorten this up. I know I was kind of long-winded, but
[47:21.320 --> 47:27.320] the reason I press on this so much is it's a hard thing to wrap your head around.
[47:28.320 --> 47:32.320] You know you have a note and you know you need to pay the note.
[47:33.320 --> 47:38.320] So to ask you to go in there and say, Hey, what are you talking about?
[47:39.320 --> 47:42.320] I don't know anything about a note. It sounds like you're not telling the truth.
[47:42.320 --> 47:50.320] And that's not the case. You have someone here who made a proactive statement,
[47:50.320 --> 47:54.320] who made a claim in law.
[47:55.320 --> 47:58.320] You don't have to prove that his claim is false.
[47:59.320 --> 48:03.320] If I come to you and claim that you have an obligation to me,
[48:04.320 --> 48:07.320] you don't have to prove you don't have an obligation to me.
[48:08.320 --> 48:10.320] I have to prove that you do.
[48:11.320 --> 48:14.320] So this is the legal position you're taking.
[48:14.320 --> 48:19.320] Do not stipulate to anything.
[48:20.320 --> 48:25.320] It's like it's about not admitting to anything.
[48:26.320 --> 48:28.320] Make them prove up everything.
[48:29.320 --> 48:34.320] And the first thing they have to prove is that they are an agent
[48:35.320 --> 48:40.320] for a true holder of the note to whom you owe an obligation.
[48:40.320 --> 48:46.320] So the first thing we do is we prepare a suit going strictly to standing.
[48:47.320 --> 48:50.320] We say, who the heck are you? I don't know you from Adam.
[48:51.320 --> 48:56.320] You might be a shyster or a huckster trying to collect all this money from me
[48:57.320 --> 49:01.320] so that 30 years from now, when I ask for quiet title,
[49:02.320 --> 49:05.320] somebody's going to say, Hey, come back and say, Hey, what are you talking about?
[49:06.320 --> 49:08.320] You were supposed to pay me all this money the last 30 years.
[49:08.320 --> 49:11.320] You didn't pay me anything. You're not getting quiet title.
[49:12.320 --> 49:17.320] It would be inappropriate for you to pay this amount for 30 years
[49:18.320 --> 49:22.320] when there is a question as to whether or not you're paying the right person.
[49:23.320 --> 49:28.320] And if you have seen in a qualified written request
[49:29.320 --> 49:31.320] or just a debt validation letter
[49:32.320 --> 49:36.320] and they fail to valid properly validate the debt,
[49:36.320 --> 49:41.320] then you have reasonable probable cause to believe
[49:42.320 --> 49:47.320] that they are not the proper individuals and under fraud
[49:48.320 --> 49:53.320] and under the Reset Set of Procedures Act and Truth and Lending Act.
[49:54.320 --> 50:01.320] If there is a problem, you have to show due diligence in effort to locate the problem.
[50:01.320 --> 50:07.320] And this is part of your due diligence. Prove up who you are.
[50:08.320 --> 50:13.320] If I don't demand that you prove up who you are and I go ahead and pay you,
[50:14.320 --> 50:17.320] I haven't done due diligence and I can lose all that money.
[50:18.320 --> 50:23.320] So you want them and this is a really easy thing to do.
[50:24.320 --> 50:27.320] If you're the holder or you're the agent for the holder,
[50:27.320 --> 50:31.320] especially if you're associated with a law firm,
[50:32.320 --> 50:38.320] certainly you made sure that your principal was in fact
[50:39.320 --> 50:43.320] who your principal told you that your principal was.
[50:44.320 --> 50:47.320] You didn't just take this company's word for it.
[50:48.320 --> 50:52.320] They came to you and said, hey, I hold this note. I want you to collect for me.
[50:52.320 --> 50:56.320] Surely you made sure that they had authority to collect before you came
[50:57.320 --> 50:58.320] and tried to demand it from me.
[50:59.320 --> 51:02.320] So obviously you already have all this information.
[51:03.320 --> 51:06.320] Peacecake, just show me your due diligence.
[51:07.320 --> 51:14.320] We've not had one entity do that yet because they can't and they know it.
[51:15.320 --> 51:19.320] And what this does is puts the servicer on the dime.
[51:19.320 --> 51:26.320] You sue them. You didn't sue the person claiming to have this authority.
[51:27.320 --> 51:30.320] You sued the one trying to collect for that person.
[51:31.320 --> 51:37.320] So now they're subject to their principal proving up his position
[51:38.320 --> 51:40.320] and they have no reason to complain.
[51:41.320 --> 51:44.320] Heck, they should have done this to start with.
[51:44.320 --> 51:51.320] Had they done their due diligence, they would be certain that the holder
[51:52.320 --> 51:54.320] is truly a holder and they could show it to you really easy.
[51:55.320 --> 52:00.320] We have these lawyers sent back these rule 12 motions to dismiss.
[52:01.320 --> 52:03.320] That's 10 or 15 pages.
[52:04.320 --> 52:07.320] Why go to all that trouble? Just send me proof.
[52:09.320 --> 52:10.320] They didn't send proof.
[52:10.320 --> 52:14.320] And that gives reasonable cause to believe they don't have it.
[52:15.320 --> 52:18.320] And the time is getting better to do this.
[52:19.320 --> 52:20.320] It's getting much better.
[52:21.320 --> 52:23.320] We've been doing this in the federal court, but I'm believing it's getting to a point
[52:24.320 --> 52:25.320] where it's better to do it in the state court.
[52:26.320 --> 52:29.320] The state court seemed to be getting a lot more sensitive to these issues.
[52:30.320 --> 52:32.320] So basically that's all you need to do.
[52:33.320 --> 52:35.320] But make sure you have your head around it.
[52:35.320 --> 52:40.320] Don't stipulate to anything.
[52:41.320 --> 52:43.320] What note? I don't know anything about a note.
[52:44.320 --> 52:45.320] I don't have a note with you.
[52:46.320 --> 52:48.320] Prove it. Does that make sense to you, Steve?
[52:53.320 --> 52:54.320] Steve, are you still there?
[52:55.320 --> 53:03.320] Yes, and Randy, would you have a chance to send me the header for the federal court
[53:03.320 --> 53:04.320] for the state of Texas?
[53:05.320 --> 53:06.320] Or where can I find it?
[53:07.320 --> 53:08.320] The header?
[53:09.320 --> 53:10.320] Pass for it.
[53:11.320 --> 53:12.320] Did you say the header?
[53:13.320 --> 53:14.320] Yes. Do I need something?
[53:15.320 --> 53:16.320] Oh, just go to Pacer.
[53:17.320 --> 53:27.320] Yeah, just go to Pacer and just look up any federal case like from the Western District of Texas.
[53:28.320 --> 53:29.320] That'll be here.
[53:29.320 --> 53:32.320] Just download a suit.
[53:33.320 --> 53:34.320] They have everything on Pacer.
[53:35.320 --> 53:36.320] You can just download one.
[53:37.320 --> 53:41.320] Or you can just send me an email and I'll send you instructions.
[53:42.320 --> 53:45.320] If you're going to file a federal suit, there's a lot more to it than just the suit itself.
[53:46.320 --> 53:47.320] You need a cover letter.
[53:48.320 --> 53:54.320] You're going to need a, what do you call it, a scheduling order.
[53:54.320 --> 54:00.320] There's four or five documents you'll need there at the beginning.
[54:01.320 --> 54:05.320] Send me an email to Randy at Rula Radio.
[54:06.320 --> 54:09.320] And I'll send you back pretty much what you need.
[54:11.320 --> 54:12.320] All right, thank you.
[54:13.320 --> 54:14.320] Okay, okay.
[54:15.320 --> 54:18.320] We're going to go to Kathy in Texas.
[54:18.320 --> 54:24.320] Well, hello, I can't tell you how good it is to be able to just call you again.
[54:25.320 --> 54:26.320] You know that.
[54:27.320 --> 54:28.320] Yes, I do.
[54:29.320 --> 54:30.320] I appreciate you.
[54:31.320 --> 54:35.320] Every time I look at that card with that little baby singing in the microphone,
[54:36.320 --> 54:42.320] Kathy sent a card to me in the jail and it's got this little baby.
[54:42.320 --> 54:51.320] And he's got his arms up and it looks like he's singing and he's got the microphone exactly like the one you have in the studio.
[54:52.320 --> 54:54.320] Yes, he's got the headphones and the whole rig.
[54:55.320 --> 55:01.320] I put this up in the window of the jail cell and all the guards, they just loved it.
[55:02.320 --> 55:04.320] And I told them, oh, that was my first show.
[55:04.320 --> 55:09.320] And we can't shut it up, right?
[55:10.320 --> 55:12.320] And they can't shut it up and that's what's more important.
[55:13.320 --> 55:18.320] But what I would like to know, I'm trying to keep up with Steve's business, of course,
[55:19.320 --> 55:21.320] I like to keep up with all of everybody's business, right?
[55:22.320 --> 55:26.320] So the question I have with all of this mortgage stuff is,
[55:26.320 --> 55:43.320] is it necessary to file a lawsuit to get the holder of the note to get the trail of assignments, the chain of holdership?
[55:43.320 --> 55:58.320] Can, would it be alright or a waste of time to send a certified letter or a form, basically send it in writing stating the rest of the rule
[55:59.320 --> 56:02.320] that you need to show it or whatever is appropriate.
[56:03.320 --> 56:08.320] Just send the letter certified to them, notify them, I want this first.
[56:08.320 --> 56:18.320] And then, if they can prove it up, it's in lieu of you going and looking at the copy because the guy is saying,
[56:19.320 --> 56:21.320] well, we don't have a procedure for you to look at the hard copy.
[56:22.320 --> 56:26.320] Well, maybe they have a procedure for covering their butts.
[56:27.320 --> 56:30.320] Yeah, you don't have a procedure?
[56:31.320 --> 56:32.320] We'll get you one.
[56:33.320 --> 56:34.320] Make one, yes.
[56:34.320 --> 56:45.320] But is that something that it's a waste of time to go and just make a certified letter instead of going, jumping in and filing a lawsuit right away?
[56:46.320 --> 56:49.320] No, absolutely not. You are absolutely right.
[56:50.320 --> 56:55.320] And I didn't go to that because Steve said he had already done that.
[56:56.320 --> 57:00.320] Or I would have went to that and he did that under 3-501 Uniform Commercial Code.
[57:01.320 --> 57:01.320] Okay.
[57:01.320 --> 57:05.320] Guys try to apply the commercial code to a lot of stuff that it doesn't apply to.
[57:06.320 --> 57:10.320] It applies to the sale of goods and services. It exactly applies here.
[57:11.320 --> 57:12.320] Okay.
[57:13.320 --> 57:21.320] 3-501 says if the debtor makes a request of the creditor to produce the original security instrument,
[57:22.320 --> 57:26.320] the creditor must make the original security instrument available for inspection by the debtor.
[57:26.320 --> 57:35.320] If he fails to do so, the debtor may see-saw payment until he complies with all law.
[57:36.320 --> 57:42.320] And that's reasonable. If you want me to cast a check, I'm going to want you to show me the check.
[57:43.320 --> 57:47.320] If you want to bring me a copy, well, I'll give you a copy of the money.
[57:48.320 --> 57:49.320] Yeah.
[57:49.320 --> 57:59.320] And if that check wasn't written to you, it better have a complete line of endorsements to you.
[58:00.320 --> 58:01.320] Now, I'm not casting for you.
[58:02.320 --> 58:03.320] Okay.
[58:04.320 --> 58:05.320] That's exactly what you're asking for.
[58:06.320 --> 58:09.320] And when you do ask for it, they're not going to produce it.
[58:10.320 --> 58:15.320] But you need to do that first anyway because when they fail to produce it,
[58:15.320 --> 58:19.320] that's reasonable, probable cause to be viewed.
[58:20.320 --> 58:21.320] They don't have it.
[58:22.320 --> 58:23.320] Okay.
[58:24.320 --> 58:29.320] Now you've got a reason to step into the court and ask the court to force you to prove it out.
[58:30.320 --> 58:32.320] Do you have anything else you want to hang on to the other side?
[58:33.320 --> 58:35.320] I want to make sure that we have all our ducks in a row.
[58:36.320 --> 58:37.320] Let's play.
[58:38.320 --> 58:39.320] Hang on. I'll pick you back up on the other side.
[58:40.320 --> 58:42.320] This is Randy Kelfin, Deborah Stevens, Eddie Craig.
[58:42.320 --> 58:44.320] We're on radio.
[58:45.320 --> 58:46.320] Casey, I see you there.
[58:47.320 --> 58:48.320] We'll get you when we come back.
[58:49.320 --> 58:52.320] Our calling number is 512-646-1984.
[58:53.320 --> 58:55.320] And folks, it is so good to be back.
[58:55.320 --> 59:18.320] I'll see you on the other side.
[59:25.320 --> 59:27.320] 9,000 explanatory footnotes.
[59:28.320 --> 59:31.320] Difficult and profound passages are opened up in a marvelous way,
[59:32.320 --> 59:37.320] providing an entrance into the riches of the word beyond which you've ever experienced before.
[59:38.320 --> 59:42.320] Bibles for America would like to give you a free recovery version simply for the asking.
[59:43.320 --> 59:53.320] This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102.
[59:53.320 --> 59:56.320] Or by ordering online at freestudybible.com.
[59:57.320 --> 59:59.320] That's freestudybible.com.
[01:00:00.320 --> 01:00:03.320] This news brief brought to you by the International Newsnet.
[01:00:04.320 --> 01:00:10.320] A Canadian and an Irish boat carrying peace activists bound for Gaza set sail from Turkey Wednesday
[01:00:11.320 --> 01:00:14.320] in the latest attempt to break the four-year Israeli blockade.
[01:00:15.320 --> 01:00:18.320] An Israeli spokesman said the Navy was prepared to contact the two boats.
[01:00:18.320 --> 01:00:25.320] In May 2010, nine Turkish activists were killed by Israeli commanders in international waters.
[01:00:26.320 --> 01:00:30.320] Activists prepared the flotilla for months on the cover of a media blackout.
[01:00:31.320 --> 01:00:36.320] Britain's armed forces are stepping up contingency planning for potential military action
[01:00:37.320 --> 01:00:41.320] against Iran amid mounting concerns about Iran's nuclear program.
[01:00:42.320 --> 01:00:46.320] The Ministry of Defense believes the U.S. may decide to fast forward plans for missile strikes
[01:00:46.320 --> 01:00:48.320] at key Iranian facilities.
[01:00:49.320 --> 01:00:54.320] British officials say if Washington presses ahead, they will seek and receive U.K. military help
[01:00:55.320 --> 01:00:58.320] for any mission despite deep reservations within the coalition government.
[01:01:00.320 --> 01:01:04.320] Amid speculation about a possible Israeli attack on Iran,
[01:01:05.320 --> 01:01:11.320] the House Foreign Affairs Committee Wednesday unanimously approved a new economic and diplomatic sanctions against Iran.
[01:01:11.320 --> 01:01:16.320] The legislation includes sanctions against Iran's central bank and strict curbs
[01:01:17.320 --> 01:01:20.320] on official diplomatic contacts between Washington and Tehran.
[01:01:22.320 --> 01:01:27.320] A general strike Wednesday shut down Oakland, including the nation's fifth largest port.
[01:01:28.320 --> 01:01:33.320] The day of action was called by Occupy Oakland after former Marine Scott Olson
[01:01:34.320 --> 01:01:36.320] was shot by a police projectile fracturing his skull.
[01:01:36.320 --> 01:01:40.320] Thousands of people poured into downtown supporting the strike,
[01:01:41.320 --> 01:01:43.320] the first of its kind in Oakland since 1946.
[01:01:44.320 --> 01:01:46.320] Business ground to a halt.
[01:01:47.320 --> 01:01:49.320] Solidarity marches were held across the world.
[01:01:50.320 --> 01:01:53.320] Former Black Panther Angela Davis told occupiers at City Hall,
[01:01:54.320 --> 01:01:56.320] quote, the eyes of the world are on our city.
[01:01:57.320 --> 01:02:01.320] There are now occupied movements in Asia and South America and Europe.
[01:02:01.320 --> 01:02:05.320] The 99% are rising all over the planet.
[01:02:07.320 --> 01:02:11.320] Israel successfully test-fired a missile capable of carrying a nuclear warhead
[01:02:12.320 --> 01:02:14.320] and striking Iran Thursday.
[01:02:15.320 --> 01:02:18.320] Fueling concern, the country's leaders are considering a military attack.
[01:02:19.320 --> 01:02:22.320] Israeli media reported Prime Minister Benjamin Netanyahu
[01:02:23.320 --> 01:02:25.320] and Defense Minister Ehud Barak favored an attack.
[01:02:26.320 --> 01:02:29.320] Foreign reports it was a long-range Jericho missile
[01:02:29.320 --> 01:02:32.320] capable of carrying a nuclear warhead and striking Iran.
[01:02:33.320 --> 01:02:36.320] Israel considers Iran its most dangerous threat,
[01:02:37.320 --> 01:02:40.320] citing Tehran's nuclear program, its ballistic missile development,
[01:02:41.320 --> 01:02:44.320] repeated references by the Iranian leader to Israel's destruction
[01:02:44.320 --> 01:02:59.320] and its support for anti-Israel militant groups Hamas and Hezbollah.
[01:03:44.320 --> 01:03:58.320] We're talking to Kathy in Texas.
[01:03:59.320 --> 01:04:02.320] Kathy, what do you speak here for us?
[01:04:03.320 --> 01:04:06.320] Sure that you can get some more calls in tonight,
[01:04:07.320 --> 01:04:09.320] but I did want to mention that our friend,
[01:04:09.320 --> 01:04:13.320] Steve's and my friend that, you know, was in traffic court this week
[01:04:14.320 --> 01:04:16.320] and she was so well prepared they threw it out and told her to go away
[01:04:17.320 --> 01:04:22.320] and she was really miffed because she was looking so forward to educating the jury
[01:04:23.320 --> 01:04:24.320] and she didn't get an opportunity.
[01:04:25.320 --> 01:04:27.320] Darn the luck.
[01:04:28.320 --> 01:04:29.320] And she's really upset about that.
[01:04:30.320 --> 01:04:31.320] She said, you know, it didn't go the way I wanted it to.
[01:04:32.320 --> 01:04:33.320] I wanted to go in there and just train them up.
[01:04:34.320 --> 01:04:37.320] So she's been working with Eddie and it works.
[01:04:37.320 --> 01:04:39.320] She did all her homework correctly.
[01:04:40.320 --> 01:04:42.320] So maybe we can get her to call in and tell you all the fun next week.
[01:04:43.320 --> 01:04:44.320] Good, that would be great.
[01:04:45.320 --> 01:04:49.320] It sounds like Eddie's kind of softening up the court a little bit.
[01:04:50.320 --> 01:04:52.320] He's training them, I think, slowly but surely.
[01:04:53.320 --> 01:04:56.320] And we're all going to get behind him and as the opportunity arises,
[01:04:57.320 --> 01:04:58.320] we're going to do the best we can.
[01:04:59.320 --> 01:05:01.320] So I'll let you go and I just wanted to say again, hi,
[01:05:02.320 --> 01:05:05.320] I can't pass up an opportunity to talk to you because I can.
[01:05:05.320 --> 01:05:08.320] Okay, thank you very much.
[01:05:09.320 --> 01:05:10.320] Okay, see you later.
[01:05:11.320 --> 01:05:12.320] Bye-bye.
[01:05:13.320 --> 01:05:15.320] Now we're going to go to Casey in Texas.
[01:05:16.320 --> 01:05:19.320] Casey, you have a question or comment for us?
[01:05:20.320 --> 01:05:21.320] I do. I have a couple of questions.
[01:05:22.320 --> 01:05:29.320] First of all, my brother is sending some criminal complaint to the district attorney
[01:05:30.320 --> 01:05:33.320] and he's going to send them by certified mail.
[01:05:33.320 --> 01:05:38.320] And I was wondering, do we need a cover letter or something
[01:05:39.320 --> 01:05:44.320] requesting documents saying that they received those?
[01:05:45.320 --> 01:05:47.320] Where are you sending them to?
[01:05:48.320 --> 01:05:55.320] We're sending them to the Burnett County District Attorney's Office.
[01:05:56.320 --> 01:06:00.320] Okay, are they complaints against private citizens or public officials?
[01:06:00.320 --> 01:06:02.320] Public officials.
[01:06:03.320 --> 01:06:10.320] Okay, I would put in a cover letter asking the prosecuting attorney to notify you
[01:06:11.320 --> 01:06:16.320] of when he gives these complaints to the grand jury.
[01:06:17.320 --> 01:06:18.320] Okay.
[01:06:19.320 --> 01:06:23.320] Now, he probably won't get that back, but then again, you may.
[01:06:24.320 --> 01:06:27.320] He may send it back and say that he examined into your accusations
[01:06:27.320 --> 01:06:29.320] and decided to take no action.
[01:06:30.320 --> 01:06:31.320] Okay.
[01:06:32.320 --> 01:06:33.320] If he does that, wonderful.
[01:06:34.320 --> 01:06:39.320] If he doesn't, then you give him a call Burnett County and ask the,
[01:06:40.320 --> 01:06:44.320] get a hold of the district clerk and ask the district clerk
[01:06:45.320 --> 01:06:49.320] which district judge has a grand jury this time.
[01:06:50.320 --> 01:06:53.320] That's assuming there's more than one district clerk in Burnett County.
[01:06:54.320 --> 01:06:55.320] I suspect there is.
[01:06:55.320 --> 01:06:56.320] There is.
[01:06:57.320 --> 01:06:58.320] And they rotate out.
[01:06:59.320 --> 01:07:04.320] Yeah, they actually have a calendar thing on the website saying who has
[01:07:05.320 --> 01:07:07.320] the grand jury and when.
[01:07:08.320 --> 01:07:09.320] Oh, good.
[01:07:10.320 --> 01:07:12.320] Does it also tell when the grand jury meets?
[01:07:13.320 --> 01:07:14.320] It does.
[01:07:15.320 --> 01:07:16.320] Okay.
[01:07:17.320 --> 01:07:19.320] You send the complaints to the district attorney.
[01:07:19.320 --> 01:07:25.320] Ask him to put in a cover letter and include a stamp self-addressed
[01:07:26.320 --> 01:07:30.320] envelope with a little letter that says these will be presented to the
[01:07:31.320 --> 01:07:36.320] grand jury on blank debt and give a place for him to sign it or initial it.
[01:07:37.320 --> 01:07:41.320] And then a stamp self-addressed envelope send it back to you so that
[01:07:42.320 --> 01:07:44.320] you'll know when the grand jury is going to receive it.
[01:07:44.320 --> 01:07:50.320] If you don't get that back by the next time the grand jury meets
[01:07:51.320 --> 01:07:55.320] or if you get a letter back saying he's decided to take no action,
[01:07:56.320 --> 01:08:01.320] then you send a complaint directly to the grand jury,
[01:08:02.320 --> 01:08:09.320] send it to attention grand jury foreman Burnett County,
[01:08:09.320 --> 01:08:14.320] Texas to the district attorney's address.
[01:08:15.320 --> 01:08:18.320] And I would suggest it costs a little more,
[01:08:19.320 --> 01:08:24.320] but send it with certified restricted.
[01:08:25.320 --> 01:08:26.320] Okay.
[01:08:27.320 --> 01:08:30.320] That means only the foreman of the grand jury can sign for it.
[01:08:31.320 --> 01:08:34.320] You might check with the district clerk and see if you can get the
[01:08:34.320 --> 01:08:38.320] names of the grand jury members or at least the name of the foreman.
[01:08:39.320 --> 01:08:44.320] If you, you can get his name all the better and send it to his name
[01:08:45.320 --> 01:08:48.320] at the district attorney's address.
[01:08:49.320 --> 01:08:55.320] But form of grand jury, his name, care of district attorney's address.
[01:08:56.320 --> 01:08:56.320] Okay.
[01:08:57.320 --> 01:09:01.320] Well, we were wanting to, we were wanting to go to the district judge also.
[01:09:01.320 --> 01:09:05.320] So what we were planning to do is to send these to the district attorney
[01:09:06.320 --> 01:09:10.320] and then we're going to assume that he's not going to give them to the grand jury.
[01:09:11.320 --> 01:09:15.320] And then we were going to prepare a complaint against him to send to the district judge.
[01:09:16.320 --> 01:09:17.320] Perfect.
[01:09:18.320 --> 01:09:19.320] Okay.
[01:09:20.320 --> 01:09:22.320] It depends on what you wanted to do it.
[01:09:23.320 --> 01:09:24.320] So yeah, I like that.
[01:09:25.320 --> 01:09:26.320] I personally like that better.
[01:09:27.320 --> 01:09:28.320] Just takes longer.
[01:09:28.320 --> 01:09:30.320] Same kind of returned letter.
[01:09:31.320 --> 01:09:35.320] And then when the district judge doesn't, then you send to the foreman of the grand
[01:09:36.320 --> 01:09:37.320] jury against the district judge.
[01:09:38.320 --> 01:09:40.320] So you'll have a lot of fun with that one.
[01:09:41.320 --> 01:09:41.320] Yeah.
[01:09:42.320 --> 01:09:50.320] And then we go to the next thing is when you don't get a response from the
[01:09:50.320 --> 01:09:57.320] grand jury, then you wait a month or so and go down and ask the district clerk
[01:09:58.320 --> 01:10:00.320] to show you the minutes of the grand jury.
[01:10:01.320 --> 01:10:08.320] Now, when she asks you what you're talking about, go to 20, I think it's 22 21.
[01:10:09.320 --> 01:10:12.320] Or it might be 21 21 21.
[01:10:13.320 --> 01:10:15.320] Look at the end of chapter 21 code of criminal procedure.
[01:10:15.320 --> 01:10:23.320] I believe that's where it's at where it instructs the grand jury that once they
[01:10:24.320 --> 01:10:31.320] have voted on indictments that the court is to convene a hearing and the foreman
[01:10:32.320 --> 01:10:38.320] of the grand jury with a quorum of the grand jury present shall read onto the
[01:10:38.320 --> 01:10:44.320] record the fact of a true bill or no bill for each indictment.
[01:10:45.320 --> 01:10:50.320] And the clerk shall make notes in the minutes of the court.
[01:10:52.320 --> 01:10:55.320] The minutes of the court is what you want to see.
[01:10:56.320 --> 01:10:59.320] When I first asked Travis County clerk for it, she said, Mr.
[01:11:00.320 --> 01:11:01.320] County, I'm not sure what you want.
[01:11:02.320 --> 01:11:05.320] So I took out the code and I showed it to us in minutes of the court.
[01:11:05.320 --> 01:11:07.320] That's what I'm talking about.
[01:11:08.320 --> 01:11:10.320] And she said, Oh, okay.
[01:11:11.320 --> 01:11:12.320] And went right over and got the book.
[01:11:13.320 --> 01:11:15.320] So you want to see the minutes of the court.
[01:11:16.320 --> 01:11:20.320] That will show whether there was a true bill or a no bill.
[01:11:21.320 --> 01:11:26.320] Now, let me show how that why that makes sense.
[01:11:27.320 --> 01:11:31.320] 20.09, which we talked about earlier, directs the grand jury.
[01:11:31.320 --> 01:11:36.320] It shall be the duty of the grand jury to investigate into
[01:11:37.320 --> 01:11:42.320] all criminal accusations that come by way of their own knowledge
[01:11:43.320 --> 01:11:47.320] or by way of the prosecuting attorney or any credible person.
[01:11:48.320 --> 01:11:51.320] It says they shall investigate into them.
[01:11:52.320 --> 01:11:56.320] And the way you know that they have is they vote to true bill or no bill.
[01:11:56.320 --> 01:12:00.320] And that information should be in the minutes of the court.
[01:12:01.320 --> 01:12:05.320] So if you don't find a true bill or no bill, if you don't find a
[01:12:06.320 --> 01:12:11.320] reference in those minutes, that is reasonable, probable cause
[01:12:12.320 --> 01:12:16.320] to believe that the district judge never gave those to the grand jury.
[01:12:17.320 --> 01:12:18.320] Right.
[01:12:19.320 --> 01:12:20.320] That's how we get a shot at it.
[01:12:21.320 --> 01:12:22.320] Right.
[01:12:22.320 --> 01:12:26.320] And then another question, the bail document on your
[01:12:27.320 --> 01:12:29.320] your intrudence website.
[01:12:30.320 --> 01:12:39.320] What would one expect if they if they use that instead of getting a bail bond?
[01:12:41.320 --> 01:12:42.320] Would they?
[01:12:43.320 --> 01:12:44.320] Oh, oh, no.
[01:12:45.320 --> 01:12:45.320] Okay.
[01:12:46.320 --> 01:12:49.320] Under bail, you never have to use a bail bondsman technically.
[01:12:49.320 --> 01:12:51.320] Right.
[01:12:52.320 --> 01:12:57.320] What 17.02 says is that bail is a written undertaking.
[01:12:58.320 --> 01:13:07.320] If you own property, property that minus all incumbrances is worth
[01:13:08.320 --> 01:13:10.320] at least twice the amount of bail.
[01:13:11.320 --> 01:13:17.320] And you have a constitutional right to post that as your own surety.
[01:13:17.320 --> 01:13:21.320] Now, there is an option for using someone else.
[01:13:22.320 --> 01:13:26.320] If you don't have enough unencumbered assets of your own,
[01:13:27.320 --> 01:13:31.320] then you can pay someone else to pledge their assets.
[01:13:32.320 --> 01:13:34.320] And that's exactly what a bail bondsman does.
[01:13:35.320 --> 01:13:36.320] Right.
[01:13:37.320 --> 01:13:41.320] Well, what can we expect the practical application of using that document
[01:13:42.320 --> 01:13:43.320] instead of a bail bondsman?
[01:13:43.320 --> 01:13:48.320] Are they even, is the court even going to understand what they're looking at
[01:13:49.320 --> 01:13:51.320] and, you know, release you?
[01:13:52.320 --> 01:13:53.320] Yeah.
[01:13:54.320 --> 01:13:55.320] The court would know exactly what they're looking at.
[01:13:56.320 --> 01:13:57.320] Okay.
[01:13:58.320 --> 01:13:59.320] They'll know for certain.
[01:14:00.320 --> 01:14:02.320] This is the constitutional issue here.
[01:14:03.320 --> 01:14:05.320] In my case, they charged a fee.
[01:14:05.320 --> 01:14:12.320] And so what the fee did was forced me to put up every penny I could get a hold of
[01:14:13.320 --> 01:14:14.320] in order to get out of jail.
[01:14:15.320 --> 01:14:17.320] Now I don't have funds to secure counsel.
[01:14:18.320 --> 01:14:26.320] This is precisely the evil that the constitutional guarantee was designed to avoid.
[01:14:27.320 --> 01:14:31.320] So the judge knows exactly what bail is.
[01:14:31.320 --> 01:14:34.320] They would rather do bond.
[01:14:35.320 --> 01:14:38.320] Action Travis County, they're real good about PR bonds.
[01:14:39.320 --> 01:14:40.320] Right.
[01:14:41.320 --> 01:14:45.320] It surprises me, but the judge will know exactly what bail bond is.
[01:14:46.320 --> 01:14:47.320] Okay.
[01:14:48.320 --> 01:14:57.320] If it doesn't ask for a fee with that, the bail document.
[01:14:57.320 --> 01:15:00.320] Wait, I missed part of that.
[01:15:01.320 --> 01:15:02.320] You kind of blanked out a minute.
[01:15:03.320 --> 01:15:10.320] I'm asking when you use that bail document, then they can ask for a fee.
[01:15:11.320 --> 01:15:13.320] No, no.
[01:15:14.320 --> 01:15:15.320] Okay.
[01:15:16.320 --> 01:15:19.320] Read 17.02 code of criminal procedure.
[01:15:20.320 --> 01:15:25.320] What it says is that bail is a written undertaking.
[01:15:25.320 --> 01:15:27.320] That's the safety about money.
[01:15:28.320 --> 01:15:29.320] Right.
[01:15:30.320 --> 01:15:35.320] It's a written undertaking between you and the state where you agree to pledge your property as surety.
[01:15:36.320 --> 01:15:51.320] It goes on to say that you have the option that you can post United States money in the amount of the bond in lieu of having surety sign.
[01:15:51.320 --> 01:15:56.320] What's the exact words? Having people sign your surety.
[01:15:57.320 --> 01:15:58.320] Okay.
[01:15:59.320 --> 01:16:01.320] I've got to go here.
[01:16:02.320 --> 01:16:04.320] Give me a little second here.
[01:16:04.320 --> 01:16:06.320] I looked it up and read it exactly to you.
[01:16:06.320 --> 01:16:07.320] Okay.
[01:16:08.320 --> 01:16:10.320] 17.02.
[01:16:10.320 --> 01:16:21.320] It was never intended that citizens be forced to give their money to the court.
[01:16:22.320 --> 01:16:23.320] Wrong one.
[01:16:23.320 --> 01:16:24.320] Right.
[01:16:24.320 --> 01:16:37.320] It was intended that they just, that the court comes out better this way because what the bond says is that if you don't show up like you're supposed to,
[01:16:37.320 --> 01:16:39.320] they get to charge you for all of it.
[01:16:39.320 --> 01:16:44.320] All it costs them to bring you back so they can get more money than you could just for the standard bond.
[01:16:45.320 --> 01:16:47.320] I'll go back to this on the other side.
[01:16:47.320 --> 01:16:49.320] This is Rain DeKalb, Debbie Stevens, Eddie Craig.
[01:16:49.320 --> 01:16:50.320] We'll go to the radio.
[01:16:50.320 --> 01:16:55.320] Our call in number is 512-646-1984.
[01:16:55.320 --> 01:16:56.320] We'll be right back.
[01:16:56.320 --> 01:17:15.320] It's the story of a lost city, lost opportunity, lost hope, a story of failed policies, failed leadership, a story of smooth talking politicians,
[01:17:15.320 --> 01:17:29.320] games of he said, she said, rhetoric and division, one man has stood apart, stood strong and true, voting against every tax increase,
[01:17:29.320 --> 01:17:49.320] every unbalanced budget, every time, standing up to the Washington machine, guided by principal Ron Paul, the one who will stop the spending, save the dollar, create jobs, bring peace, the one who will restore liberty.
[01:17:49.320 --> 01:17:56.320] Ron Paul, the one who can beat Obama and restore America now.
[01:17:56.320 --> 01:17:59.320] I'm Ron Paul, and I approve this message.
[01:18:00.320 --> 01:18:09.320] It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy, and neither is finding like-minded people to share it with.
[01:18:09.320 --> 01:18:11.320] Oh, well, I guess you haven't heard of Brave New Books then.
[01:18:11.320 --> 01:18:13.320] Brave New Books?
[01:18:13.320 --> 01:18:20.320] Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul and G. Edward Griffin.
[01:18:20.320 --> 01:18:24.320] They even stock inner food, Burkey products and Calvin Soaps.
[01:18:24.320 --> 01:18:26.320] There's no way a place like that exists.
[01:18:26.320 --> 01:18:32.320] Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[01:18:32.320 --> 01:18:35.320] Oh, by UT? There's never anywhere to park down there.
[01:18:35.320 --> 01:18:43.320] Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[01:18:43.320 --> 01:18:47.320] It does exist, but when are they open?
[01:18:47.320 --> 01:18:55.320] Monday through Saturday, 11 a.m. to 9 p.m., and 1 to 6 p.m. on Sundays. So get them a call at 512-480-2503,
[01:18:55.320 --> 01:18:59.320] or check out their events page at bravenewbookstore.com.
[01:18:59.320 --> 01:19:22.320] Okay, we're back.
[01:19:22.320 --> 01:19:36.320] We're talking Tracy from Texas, and we were talking about a bail bond.
[01:19:36.320 --> 01:19:42.320] Let me read to you Chapter 17.02, Texas Code of Criminal Procedure.
[01:19:42.320 --> 01:19:57.320] A bail bond is a written undertaking entered into by the defendant and his sureties for the appearance of the principal therein before some court or magistrate to answer a criminal accusation.
[01:19:57.320 --> 01:20:19.320] Provided, however, that the defendant upon execution of such bail bond may deposit with the custodian of funds of the court in which the prosecution is pending current money of the United States in the amount of the bond in lieu of having sureties signing same.
[01:20:19.320 --> 01:20:42.320] See, this is not intended as a exchange of funds. It's intended as a promise as you posting your property as surety. However, if you don't own property, then you can hardly post property.
[01:20:42.320 --> 01:20:51.320] So if you don't own property and there wasn't this exclusion, you'd be denied the right to be able to get out of jail.
[01:20:51.320 --> 01:21:00.320] So if you don't have the money and don't have the property to post, you can post money instead.
[01:21:00.320 --> 01:21:04.320] It's your option, not the option of the court.
[01:21:04.320 --> 01:21:15.320] So you're basically acting as your own surety, putting up your own property for the defendant?
[01:21:15.320 --> 01:21:26.320] Absolutely. I told the court that I have a property owner in Texas. I own unencumbered property in excess of $150,000.
[01:21:26.320 --> 01:21:40.320] That's sufficient to cover $5,000 bond, piece of cake. So I had that as a constitutional right.
[01:21:40.320 --> 01:21:45.320] Even the prosecutor asked for a bail bond.
[01:21:45.320 --> 01:21:56.320] And the judge said a cash bond. Well, I think that is exercising authority he does not have in order to deny me a constitutional right.
[01:21:56.320 --> 01:22:01.320] That gets us in the federal court.
[01:22:01.320 --> 01:22:20.320] Well, I'm just wondering, so they're going to know what they're looking at when they see that document. Are they going to grant your release then, or are they going to try and do like you're saying and insist on having a cash bond?
[01:22:20.320 --> 01:22:37.320] Well, it depends on the court. They're generally going to want you to get a license to bondsman because they feel like they have more control over a license bond.
[01:22:37.320 --> 01:22:45.320] And for the most part, this is all they've done for the last 25 years.
[01:22:45.320 --> 01:22:55.320] Every time I've asked for a constitutional bond, the judge pretended like he didn't know what I was talking about, but he knew exactly what I was talking about.
[01:22:55.320 --> 01:23:03.320] You see, the bondsman doesn't put up any money. He just signs a promise.
[01:23:03.320 --> 01:23:12.320] Oh, so they don't actually put up money for it. They're just putting in the same document that you would.
[01:23:12.320 --> 01:23:20.320] Exactly. He's signing as your surety, but there's nothing that requires that you have a second and separate surety.
[01:23:20.320 --> 01:23:23.320] That's well in the case law.
[01:23:23.320 --> 01:23:25.320] Right.
[01:23:25.320 --> 01:23:35.320] Well, my question really is, okay, if I use this document and I'm acting as my own surety,
[01:23:35.320 --> 01:23:46.320] can I expect to be released the same as if I had used the bail bondsman or are they going to hold me longer?
[01:23:46.320 --> 01:23:49.320] Absolutely the same.
[01:23:49.320 --> 01:23:51.320] Okay.
[01:23:51.320 --> 01:23:55.320] Once your bond is posted, they have to release you.
[01:23:55.320 --> 01:23:58.320] Okay. Good.
[01:23:58.320 --> 01:24:02.320] So now they may not, but that gives you a claim against them.
[01:24:02.320 --> 01:24:04.320] Right.
[01:24:04.320 --> 01:24:12.320] And that's the thing we haven't been doing is pressuring, pressing the claims against officials when they fail to follow law.
[01:24:12.320 --> 01:24:24.320] Right. So if they did that and they failed to release me, would that be official oppression or is that something feral, I thought I heard you say?
[01:24:24.320 --> 01:24:28.320] That's official oppression absolutely dead on.
[01:24:28.320 --> 01:24:35.320] When a public official acting under the color of his authority exerts a purports to exert an authority he doesn't have.
[01:24:35.320 --> 01:24:41.320] And in the process denies uniform free access to a dormant right. That's official oppression.
[01:24:41.320 --> 01:24:52.320] If a public official violates a law relating to his office and it doesn't necessarily impinge on one of your rights, that's official misconduct.
[01:24:52.320 --> 01:24:54.320] Okay.
[01:24:54.320 --> 01:24:59.320] Still a class A misdemeanor.
[01:24:59.320 --> 01:25:03.320] Okay. I have one more question.
[01:25:03.320 --> 01:25:19.320] If somebody is detained by police and then released and then later charged and a an arrest warrant is put out for their arrest.
[01:25:19.320 --> 01:25:37.320] In this particular instance I'm talking about, we have aggravated assault and some other criminal complaints that were the ones we're presenting to the district attorney.
[01:25:37.320 --> 01:25:51.320] Would it be better to go ahead and send those in or would it be better to turn yourself in on the arrest warrant and then go through the process?
[01:25:51.320 --> 01:25:55.320] I would do the arrest warrant first.
[01:25:55.320 --> 01:25:57.320] Okay.
[01:25:57.320 --> 01:26:08.320] When they did the original stop, did they have probable cause? Did someone call them and make an accusation?
[01:26:08.320 --> 01:26:10.320] No, they did not.
[01:26:10.320 --> 01:26:14.320] Okay. How long did they hold the person?
[01:26:14.320 --> 01:26:16.320] They did not. I'm sorry.
[01:26:16.320 --> 01:26:19.320] How long did they hold the person?
[01:26:19.320 --> 01:26:24.320] About an hour and a half, two hours.
[01:26:24.320 --> 01:26:31.320] And the stop was for running a red light.
[01:26:31.320 --> 01:26:40.320] And then before they searched the vehicle and all that, it was an hour.
[01:26:40.320 --> 01:26:48.320] Okay, Deborah, you want to step in on this one?
[01:26:48.320 --> 01:27:04.320] No, she must be away. But once they made the stop, were there any existing warrants or any reason for them to hold him longer than it took to write the citation?
[01:27:04.320 --> 01:27:06.320] No.
[01:27:06.320 --> 01:27:09.320] Okay, this is an issue Deborah was working on.
[01:27:09.320 --> 01:27:14.320] I'm sorry. I was screening the call. What was that, Randy? What was the question?
[01:27:14.320 --> 01:27:23.320] Guys stopped hell for over an hour over running a red light, wasn't it?
[01:27:23.320 --> 01:27:24.320] Yeah.
[01:27:24.320 --> 01:27:36.320] Okay. And then they let him go after an hour. And I thought you might want to address this because you've done a lot of work on just this kind of issue, or they searched the car.
[01:27:36.320 --> 01:27:46.320] Well, I know that according to the Trezevant case, you can charge them $65,000 an hour for false imprisonment for holding you.
[01:27:46.320 --> 01:27:47.320] Wow.
[01:27:47.320 --> 01:27:59.320] But in my case, we're suing for $1 million an hour. I have heard that there is a case out there that there are more than one cases out there where it says that you can sue for $1 million an hour.
[01:27:59.320 --> 01:28:06.320] I haven't found it yet, but I do know that for sure the Trezevant case, you can, $65,000 for false imprisonment.
[01:28:06.320 --> 01:28:13.320] And false imprisonment doesn't just mean going to the jail. It means if you are restricted at your liberty, even on the side of the road.
[01:28:13.320 --> 01:28:14.320] Okay.
[01:28:14.320 --> 01:28:23.320] And then false arrest is if they had no probable cause to pull you over, you know, illegal search and seizure.
[01:28:23.320 --> 01:28:35.320] I mean, we're going after them on all kinds of things, tampering with a vehicle, unlawful entry into a vehicle, unlawful taking of a vehicle.
[01:28:35.320 --> 01:28:44.320] I mean, it just goes on and on and on. We're getting them on being a public nuisance, disturbing a lawful assembly.
[01:28:44.320 --> 01:28:48.320] I mean, you just have to go through the code and see what you can get them on.
[01:28:48.320 --> 01:29:02.320] So what is the prevailing case on how long they have to hold you for a traffic stop before they have to let you go?
[01:29:02.320 --> 01:29:14.320] Because in this instance, they were pulled over and then they were held there for an hour before they even started searching the vehicle, and then they searched for half an hour.
[01:29:14.320 --> 01:29:19.320] Well, wait a minute. Did they bring out a dog or no?
[01:29:19.320 --> 01:29:20.320] They did.
[01:29:20.320 --> 01:29:27.320] Did they bring out the dog during the business of the traffic stop, like while they were processing paperwork?
[01:29:27.320 --> 01:29:28.320] No.
[01:29:28.320 --> 01:29:34.320] Then it's going to get, then if you sue, it will get thrown out of court. That's the Cabalas case.
[01:29:34.320 --> 01:29:41.320] Scream court case like two years ago. I think it was 09. I don't have my notes in front of me.
[01:29:41.320 --> 01:29:45.320] Cabalas, I'll talk about it on the other side. Just stay right there, Casey.
[01:29:45.320 --> 01:29:49.320] All right, we'll be right back, folks. This is the rule of law.
[01:29:49.320 --> 01:29:59.320] Randy Kelton, Eddie Craig, Deborah Stevens. We've got half an hour left. 512-646-1984. See you on the other side.
[01:29:59.320 --> 01:30:05.320] Top 10 reasons to question the official story of the Oklahoma City bombing. Reason number 10. What is on the surveillance tapes?
[01:30:05.320 --> 01:30:13.320] There were many video surveillance cameras that recorded the morning of the bombing, yet the few of these that have been released do not show what transpired with the Ryder truck at the Murrow Building.
[01:30:13.320 --> 01:30:20.320] Most recently, the government has claimed that all of the cameras that were in different buildings and maintained by different businesses were all having their tapes changed at the exact same time.
[01:30:20.320 --> 01:30:26.320] 09.02 a.m. This is insulting to the memory of those who perished in the bombing. What is being hidden from us?
[01:30:26.320 --> 01:30:31.320] For more information, please go to okcbombingtruth.com.
[01:30:31.320 --> 01:30:40.320] Move over Nielsen ratings. Smart meters that measure home electricity consumption can now analyze everything you watch on your TV or DVD player.
[01:30:40.320 --> 01:30:44.320] I'm Dr. Catherine Albrecht, and I'll be back in a moment to tell you how.
[01:30:44.320 --> 01:31:02.320] Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too. So protect your rights. Say no to surveillance and keep your information to yourself. Privacy. It's worth hanging on to.
[01:31:02.320 --> 01:31:14.320] This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo and Bing. Start over with StartPage.
[01:31:14.320 --> 01:31:35.320] New smart electric meters transmit data that can tell the power company whether you cook with a microwave, oven or grill. Creepy. Now a new study shows smart meters could also tell your electric company what you're watching on TV. Researchers at Germany's Munster University say that spying smart meters can be used to create TV viewer profiles.
[01:31:35.320 --> 01:31:51.320] By analyzing the power spikes associated with light and dark passages of a film, the power company could decipher what your TV is playing. That's not smart at all. Power companies should stick to selling electricity, not collecting details of what we do in our own homes.
[01:31:51.320 --> 01:31:54.320] It's time to pull the plug on that bad idea.
[01:31:54.320 --> 01:32:01.320] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:32:01.320 --> 01:32:08.320] Yeah, who you want to check? Who you take me for? Free toilet? Who you want to check? Me, no free toilet. You can't check me.
[01:32:08.320 --> 01:32:19.320] Almost there. All of them check you in the morning, check you in the evening. Both are checking on your buddy. And many of them go computer reading. You can't hide me if I'm nobody.
[01:32:19.320 --> 01:32:32.320] Let me check. Checking on your mom. Checking on your daddy. Checking on your grandpa and the granny. Checking on me. Checking on your baby. Checking on your family. Who are family? Checking on your dad. And they check around me.
[01:32:32.320 --> 01:32:39.320] Checking on the beef. And you still go EP. Checking on the fish. Them are all in the sea. Checking on the shark. And they reel around me.
[01:32:39.320 --> 01:32:49.320] You can't see mankind. They aren't too crazy. They're the kind of thing man they want to be. Social security, they've got to tell me. Number when they give me, then repeat after me.
[01:32:49.320 --> 01:32:58.320] Check you in the morning. Check you in the evening. Check you all the time. Experiment and mankind. But man, you know, say them right.
[01:32:58.320 --> 01:33:08.320] They don't want to check. Man, you have your buddy. Read them or something. Man, you'll fight for me. You should tell them. They'll be ready. Constitution set us free.
[01:33:08.320 --> 01:33:19.320] Can't let them put no chip in your buddy. Put no chip in your dagger. Check to see. No put no chip in your yoke. How I'm going to eat it. No put no chip in the fish. I'm going to eat it. All in the reel and the shark.
[01:33:19.320 --> 01:33:31.320] Okay, folks, we are back. This is the rule of law. We've got about half an hour left. A little less than half an hour. Two segments. We'd like to call in 512-646-1984.
[01:33:31.320 --> 01:33:44.320] We're talking with Casey right now. Okay, Casey, I found the case. It was USV Cabales. And that is 543-US405. That was in 2005.
[01:33:44.320 --> 01:34:03.320] And what that case was about was a situation where a trooper had, I'm hearing some background noise somewhere, guys, was when a trooper had, a state trooper had pulled over a Mr. Cabales for speeding.
[01:34:03.320 --> 01:34:25.320] This was in Illinois. And while there was a, they double-teamed him. While one officer was conducting the business of the traffic stop, in other words, running the guy's license, seeing he had any warrants, doing a background check, you know, processing the papers, you know, checking out his insurance, all that kind of good stuff.
[01:34:25.320 --> 01:34:40.320] And while the one police was doing that, the other trooper was walking his canine around the vehicle. The dog alerted to something inside the trunk, prompting the officers to conduct a search.
[01:34:40.320 --> 01:34:52.320] And they conducted a search and they ended up confiscating some marijuana from the trunk. Now, who knows if the police didn't maybe planted it? Who knows? This happens all the time.
[01:34:52.320 --> 01:34:58.320] But at any rate, they searched the car and, quote-unquote, found something.
[01:34:58.320 --> 01:35:09.320] Well, anyways, Cabales challenged this as an illegal search, no probable cause. You know, he was pulled over for speeding. Why in the heck are you bringing out a dog?
[01:35:09.320 --> 01:35:26.320] Now, what the Supreme Court said, they basically said, and this is based on some other rulings that date all the way back to the Terry stop ruling, Kilo, KY, LLO, and some other rulings, State v. Rob.
[01:35:26.320 --> 01:35:51.320] I've got a whole list of cases that this was based on. What these rulings say is that the officers may not extend the scope or the duration of the stop beyond that which is sufficiently necessary to facilitate the issuance of a warning citation,
[01:35:51.320 --> 01:36:04.320] a warning or a citation. Okay, well, so this guy says, you extended the scope and the duration by bringing this dog around.
[01:36:04.320 --> 01:36:17.320] Well, what the Supreme Court said, they kind of ignored the scope part of some of these previous rulings and they said, well, these troopers didn't extend the duration, so it's okay.
[01:36:17.320 --> 01:36:30.320] Well, I disagree with the Supreme Court when they say that these troopers didn't extend the scope. They absolutely extended the scope because the guy was pulled over for speeding.
[01:36:30.320 --> 01:36:37.320] He wasn't pulled over because there was any suspicion that he had marijuana in his trunk, so they absolutely did extend the scope.
[01:36:37.320 --> 01:36:50.320] However, the Supreme Court, they just kind of just didn't address that little tiny issue in this case. However, the issue that they did address was that the officers did not extend the duration.
[01:36:50.320 --> 01:37:00.320] And they were right about that. The officers did not extend the duration because while one officer was writing the ticket and processing the paperwork, the other officer was running the dog.
[01:37:00.320 --> 01:37:16.320] And so that set the precedent, and this was in 2005, very recent case, that set the court precedent that if they're going to bring out the dog, they have to do it during the traffic stop, period.
[01:37:16.320 --> 01:37:23.320] The scope issue, they managed to skate around that one, but they cannot skate around the duration issue.
[01:37:23.320 --> 01:37:40.320] In other words, if they pull someone over for speeding or any other kind of traffic infringement, alleged traffic infringement, and it turns out that they process your paperwork, they process the papers, you know, it's going on,
[01:37:40.320 --> 01:37:55.320] and then they bring back the papers and hand them to you, write you a ticket or not, whatever the case may be, and then they say, hold on, wait right there, you're not free to go, we're going to bring a dog.
[01:37:55.320 --> 01:38:17.320] They cannot do that per the Cabales case unless there was some kind of probable cause like there's, you know, a pot smoke billowing out the windows or something, or a bag of marijuana sitting in the front seat or a pipe or something or what not.
[01:38:17.320 --> 01:38:35.320] There has to be some kind of probable cause in order for them to arrest you and keep you and hold you beyond the duration of what is sufficiently, the time that is sufficiently necessary to issue a warning or a citation.
[01:38:35.320 --> 01:38:51.320] And so that is one of the causes of action that we're using in our lawsuit. We're using the Cabales case saying, you guys extended the duration. You had no cause to hold me because you ran my papers, they had plenty of time.
[01:38:51.320 --> 01:39:09.320] They were in that, the officer was in the car, in his car with all my papers for at least 15 minutes while we were sitting there and they didn't do anything. They obviously didn't feel threatened or else they would have done an immediate Terry search to look for weapons.
[01:39:09.320 --> 01:39:20.320] They didn't do that. They brought me my papers, said everything was in order, there's no warrant, blah, blah, blah, but instead of writing a ticket, they said, wait right there, we're going to do the dog and that's where they screwed up.
[01:39:20.320 --> 01:39:33.320] Well then they also screwed up in my case because there is no statute under the New Mexico Transportation Code that requires anyone to use a blinker if there's no other traffic around.
[01:39:33.320 --> 01:39:43.320] Your movements have to have the potential to affect other traffic in order for the blinker requirement to kick in under New Mexico's statute.
[01:39:43.320 --> 01:39:52.320] And number two, there has to be a turn and there was no turn. The road went straight. So they had no probable cause to pull me over to begin with.
[01:39:52.320 --> 01:39:59.320] And then also after the stop, they had no cause to bring the dog. So these guys are about to get housed.
[01:39:59.320 --> 01:40:02.320] Anyway, so that's the story with that, Casey.
[01:40:02.320 --> 01:40:17.320] And in this instance, they were on the side of the road for an hour and a half. They tore their car apart and then they let them go and they didn't find anything. So what would be your cause of action for a civil suit?
[01:40:17.320 --> 01:40:23.320] Okay, well wait a minute. Back up because, all right, it was a traffic stop? It was a normal traffic stop?
[01:40:23.320 --> 01:40:24.320] Yes.
[01:40:24.320 --> 01:40:26.320] And did they issue a ticket or no?
[01:40:26.320 --> 01:40:28.320] Yes.
[01:40:28.320 --> 01:40:34.320] Okay, and then, but the dog didn't get brought out until after the ticket was written?
[01:40:34.320 --> 01:40:35.320] That's correct.
[01:40:35.320 --> 01:40:46.320] Okay, everything that happened after the ticket was written is going to be false arrest, false imprisonment, and illegal search.
[01:40:46.320 --> 01:40:51.320] Okay, so that's the cause of action for a civil suit.
[01:40:51.320 --> 01:40:57.320] Those would be the elements of a cause of action depending on what state you're filing or if it's federal.
[01:40:57.320 --> 01:41:01.320] It's false imprisonment here in Texas. It's not false arrest.
[01:41:01.320 --> 01:41:02.320] Okay.
[01:41:02.320 --> 01:41:14.320] Right. Well, at the federal level, you can do both. But Eddie's right. If it's a state lawsuit, there is no false arrest. You have to just do false imprisonment.
[01:41:14.320 --> 01:41:20.320] Okay, so would that be better taken up in the state court or the federal court?
[01:41:20.320 --> 01:41:27.320] You have to have a federal question. You have to have something going on that gives the federal court jurisdiction if you're going to sue in the federal court.
[01:41:27.320 --> 01:41:36.320] I like the federal court so much better than the state courts. I find they're much easier to work with and I get more, more good, there's more goodies in the bag and more cause of action.
[01:41:36.320 --> 01:41:46.320] I mean, I can go after them for kidnapping, false arrest, and false imprisonment, and assault, and on and on and on and on and on.
[01:41:46.320 --> 01:41:49.320] In state, I find you more limited.
[01:41:49.320 --> 01:41:56.320] If you can show that they violated a federally protected right, you have a federal cause of action, then it's always better to go federal.
[01:41:56.320 --> 01:41:59.320] That's true. You can do a 1983 suit.
[01:41:59.320 --> 01:42:00.320] Okay.
[01:42:00.320 --> 01:42:17.320] Title 28 suit, 242 and 243. That's some of the statutes that we're suing under in my lawsuit. We're doing 1983. We're doing, which is Title 28, Section 1983, and we're doing Title 18, Section 242 and 243.
[01:42:17.320 --> 01:42:19.320] And federal tort context.
[01:42:19.320 --> 01:42:35.320] Okay, wait, just FYI, the case law says there are no civil claims under Title 18. Title 18 is entirely criminal. It can be cited only as the basis for the instigation of a Title 42 1983 suit.
[01:42:35.320 --> 01:42:36.320] Right, that's what we're doing.
[01:42:36.320 --> 01:42:39.320] But you cannot make a claim under Title 18.
[01:42:39.320 --> 01:42:50.320] Let me clarify that. A violation of your due process rights is harmed per se, and that goes to the federal issue.
[01:42:50.320 --> 01:43:04.320] A violation of 18 U.S. Code 242 would be an act of official oppression, would be a crime, and would have the effect of violating due process, creating the civil tort.
[01:43:04.320 --> 01:43:11.320] So you can't claim the crime in the civil. You claim the resultant civil tort. Does that make sense?
[01:43:11.320 --> 01:43:14.320] Yeah. Yeah, I understand.
[01:43:14.320 --> 01:43:24.320] Okay, you have to be careful about that. You get it wrong. They kind of did after you. But in the Fed, you can almost always amend a pleading.
[01:43:24.320 --> 01:43:33.320] Right. Yeah, and I have not been jurisdictionary yet. I've really wanted it for a while, and I'm hoping to get it soon.
[01:43:33.320 --> 01:43:35.320] Hopefully that'll help.
[01:43:35.320 --> 01:43:39.320] Yeah, and order it from our website, ruleoflawradio.com.
[01:43:39.320 --> 01:43:41.320] Oh, absolutely. Absolutely.
[01:43:41.320 --> 01:43:43.320] Okay, anything else, Casey?
[01:43:43.320 --> 01:43:44.320] Nope, that'll do it.
[01:43:44.320 --> 01:43:47.320] Alright, thank you, Casey.
[01:43:47.320 --> 01:43:59.320] Alright, when we get back, we've got Greg from Minnesota and Matt from Texas. We're going into our final segment, ruleoflawradio.com. We'll be right back.
[01:43:59.320 --> 01:44:03.320] Hey, did you hear? Ron Paul has announced he's running for president in 2012.
[01:44:03.320 --> 01:44:04.320] Who's Ron Paul?
[01:44:04.320 --> 01:44:10.320] Really? Okay, put down the cell phone for one minute. Your friends really don't care about your Twitter updates on what you had for breakfast.
[01:44:10.320 --> 01:44:13.320] Oh, but I'd love to make those little smiley faces with punctuation marks.
[01:44:13.320 --> 01:44:20.320] Of course you do. Now, listen closely. You need to go down to Brave New Books and learn as much as you can about Ron Paul and his message before it's too late.
[01:44:20.320 --> 01:44:28.320] They have all of his books and many of the books he talks about. They also have t-shirts, bumper stickers, and yard signs so that you can show your support for him during the campaign.
[01:44:28.320 --> 01:44:31.320] Brave New Books? Do they have Harry Potter and Twilight?
[01:44:31.320 --> 01:44:37.320] No, but they do carry a large selection of survival and preparedness books to protect your family in time of emergency.
[01:44:37.320 --> 01:44:40.320] Ugh, that sounds like that show on the Discovery Channel.
[01:44:40.320 --> 01:44:48.320] Yeah, there's even a wilderness survival expert that teaches classes called Earth Skills School that you can sign up for on the website bravenewbookstore.com. What are you doing?
[01:44:48.320 --> 01:44:54.320] I'm tweeting all my friends that they should go to bravenewbookstore.com or down to the bookstore in person. Where's it located?
[01:44:54.320 --> 01:44:56.320] 1904 Guadalupe Street.
[01:44:56.320 --> 01:44:58.320] I even made a smiley face.
[01:44:58.320 --> 01:45:27.320] Great.
[01:45:28.320 --> 01:45:33.320] This documentary was created by a licensed attorney with 22 years of case winning experience.
[01:45:33.320 --> 01:45:42.320] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[01:45:42.320 --> 01:45:51.320] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more.
[01:45:51.320 --> 01:46:00.320] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[01:46:00.320 --> 01:46:22.320] Hello, oh man, you're in jail.
[01:46:22.320 --> 01:46:31.320] Some things in this world I will never understand. Some things I realize fully.
[01:46:31.320 --> 01:46:39.320] Somebody's on a police, that police man. Somebody's on a police, police.
[01:46:39.320 --> 01:46:44.320] There's always room at the top of the hill.
[01:46:44.320 --> 01:46:52.320] Here through the grave mine and it's lonely left to. They're wishing it with more than opposition to fail.
[01:46:52.320 --> 01:46:57.320] They know that if they don't do it, somebody will complain.
[01:46:57.320 --> 01:47:04.320] This world will never understand. Some things I realize fully.
[01:47:04.320 --> 01:47:13.320] Somebody's on a police, that police man. Somebody's on a police, police.
[01:47:13.320 --> 01:47:17.320] I know they will. Yeah, they're gonna put the bill.
[01:47:17.320 --> 01:47:21.320] I know they will. Because I don't see so much in crime still.
[01:47:21.320 --> 01:47:25.320] I know they will. I know they will. They'll just back that scale.
[01:47:25.320 --> 01:47:29.320] I know they will. They'll just back that scale.
[01:47:29.320 --> 01:47:36.320] I know they will. I know they will. I know they will.
[01:47:36.320 --> 01:47:45.320] I know they will. I know they will. I know they will.
[01:47:45.320 --> 01:47:48.320] Okay, folks, we're back. We're taking a call.
[01:47:48.320 --> 01:47:51.320] I know they will. I know they will. I know they will.
[01:47:51.320 --> 01:47:58.320] Okay, yeah, just to clarify, you don't sue. I was just too brief in my explanation.
[01:47:58.320 --> 01:48:07.320] You don't sue under the title till 18242 and 243. That is the fact that they violated 242 and 243,
[01:48:07.320 --> 01:48:15.320] that that gives you your civil tort, which you can then sue under Title 42, Section 1983,
[01:48:15.320 --> 01:48:20.320] and also Title 42, Section 1343, which is what we did in our suit.
[01:48:20.320 --> 01:48:27.320] And I also sued under the Federal Tort Claims Act and also sued the actors personally as a Bivens Claim.
[01:48:27.320 --> 01:48:37.320] So it's a massive, massive lawsuit. There are 15 defendants and it is just getting underway.
[01:48:37.320 --> 01:48:39.320] So I will keep you guys posted on that one.
[01:48:39.320 --> 01:48:42.320] All right, we've got Greg in Minnesota. Greg, thank you for calling in.
[01:48:42.320 --> 01:48:45.320] What is your question or comment tonight?
[01:48:45.320 --> 01:48:52.320] Well, I got a problem on homeschooling. I got the homeschool liaison and they sent us a letter.
[01:48:52.320 --> 01:49:00.320] Let's read one little part of it. It says, I need your compulsory instruction report for Jenna and Jessica as soon as possible.
[01:49:00.320 --> 01:49:10.320] So I went to 128.22 compulsory instruction and I read it was Subdivision 2 under Applicability.
[01:49:10.320 --> 01:49:23.320] It says this section and sections 128.24 and a number of others apply only to a child required to receive instruction according to Subdivision 5.
[01:49:23.320 --> 01:49:29.320] So I went down to a tremendous number of hours, but this is what it's boiled down to.
[01:49:29.320 --> 01:49:40.320] So I went to Subdivision 5 and it says, ages and terms. Every child between 7 and 16 years of age must receive instruction.
[01:49:40.320 --> 01:49:44.320] So I'm thinking, they're always trying to trick you.
[01:49:44.320 --> 01:49:50.320] So what are the, I can't remember what you guys call the words of art or something like every child.
[01:49:50.320 --> 01:49:55.320] Maybe that's, there's some hidden definition of that or it's under must receive instruction.
[01:49:55.320 --> 01:49:59.320] Anything else out of between 7 and 16 years of age.
[01:49:59.320 --> 01:50:03.320] So I'm trying to figure out, I know that they have no jurisdiction.
[01:50:03.320 --> 01:50:13.320] I'm absolutely certain of it, but they have no jurisdiction over every child within the school district between the ages of 7 and 16.
[01:50:13.320 --> 01:50:21.320] And then I went to reporting because this has to do with the report.
[01:50:21.320 --> 01:50:33.320] So Subdivision 1 says the person in charge of providing instruction to a child must submit to a superintendent of the district in which the child resides and then a bunch of information.
[01:50:33.320 --> 01:50:44.320] So I figured it's either going to be under receive instruction or it has to be under the fact that we're, if we're residents, we're under their jurisdiction, if we're non-resident or not.
[01:50:44.320 --> 01:50:50.320] And I'm trying to figure out, how do you find out where are they deceiving us here?
[01:50:50.320 --> 01:50:55.320] Any ideas?
[01:50:55.320 --> 01:50:57.320] Did I stump the chumps?
[01:50:57.320 --> 01:51:00.320] You stumped the chumps.
[01:51:00.320 --> 01:51:06.320] I'm not sure what the question really is.
[01:51:06.320 --> 01:51:16.320] Your question appears to be, do they have authority over you and your children?
[01:51:16.320 --> 01:51:20.320] And if so, precisely, how do they get that authority?
[01:51:20.320 --> 01:51:25.320] Correct. How did I volunteer for that?
[01:51:25.320 --> 01:51:28.320] Did you get a state-issued marriage license?
[01:51:28.320 --> 01:51:32.320] Yes, I did. Am I dead meat?
[01:51:32.320 --> 01:51:38.320] No, I don't think that would bring them to this issue.
[01:51:38.320 --> 01:51:50.320] A state-issued license and salt recorder, but it was issued by the state of salt recorder.
[01:51:50.320 --> 01:52:02.320] Okay, here's why I bring the issue up. The reason I bring the issue up is because I have red court cases where the courts have ruled that that license is a three-party contract.
[01:52:02.320 --> 01:52:04.320] You, the spouse, and the state.
[01:52:04.320 --> 01:52:06.320] Okay.
[01:52:06.320 --> 01:52:14.320] But what does it bind you to with the state?
[01:52:14.320 --> 01:52:21.320] Well, it would appear to bind you to the rules of the family code for whatever state that would be in.
[01:52:21.320 --> 01:52:24.320] How do we get bound?
[01:52:24.320 --> 01:52:31.320] Is it an Asian contract because we're within the physical boundaries of the state?
[01:52:31.320 --> 01:52:37.320] No, it's because you got licensed by the state to implement that marriage and produce children with it.
[01:52:37.320 --> 01:52:46.320] Okay, so if I have a child by common law, wedlock, am I not bound to these restrictions?
[01:52:46.320 --> 01:52:49.320] I wouldn't think so.
[01:52:49.320 --> 01:52:54.320] The state can't show any leeway into the marriage without that license.
[01:52:54.320 --> 01:53:02.320] Do you have these people giving you any indication of how they claim to have jurisdiction over you?
[01:53:02.320 --> 01:53:07.320] No, they have not, but we haven't really challenged them at this point.
[01:53:07.320 --> 01:53:10.320] Okay, that was going to be exactly my next question.
[01:53:10.320 --> 01:53:12.320] Yeah.
[01:53:12.320 --> 01:53:22.320] I might ask them precisely how do you have jurisdiction to make these claims?
[01:53:22.320 --> 01:53:27.320] Specifically from where do you derive that jurisdiction?
[01:53:27.320 --> 01:53:29.320] Exactly.
[01:53:29.320 --> 01:53:32.320] So I think what Eddie's talking about could be the key.
[01:53:32.320 --> 01:53:34.320] That really makes a lot of sense.
[01:53:34.320 --> 01:53:43.320] And there's ways to change the marriage to actually a knowledge or whatever you call it.
[01:53:43.320 --> 01:53:46.320] You make it a product and you...
[01:53:46.320 --> 01:53:52.320] See here in Texas, you can get married one of two ways. You can either get the state-issued license.
[01:53:52.320 --> 01:53:58.320] The thing you will notice about the statute is that if you get the state-issued license,
[01:53:58.320 --> 01:54:06.320] every single thing involving the institution of that license, who marries you, who takes care of you,
[01:54:06.320 --> 01:54:12.320] who has warned over you and your children, is someone licensed by the state.
[01:54:12.320 --> 01:54:16.320] Your minister must be licensed by the state, so on and so forth.
[01:54:16.320 --> 01:54:24.320] In the second instance, you and the spouse have the right to write your own marriage certificate
[01:54:24.320 --> 01:54:28.320] and file it in the court or in the county clerk records.
[01:54:28.320 --> 01:54:32.320] And after that, that's all there is.
[01:54:32.320 --> 01:54:35.320] You do not have to have a licensed minister marry you.
[01:54:35.320 --> 01:54:40.320] You don't have to have a licensed anything regarding that marriage.
[01:54:40.320 --> 01:54:42.320] All right. I've heard that before.
[01:54:42.320 --> 01:54:49.320] And I think that also is a big part of making sure that they actually can't come into your domicile
[01:54:49.320 --> 01:54:51.320] and take your children away.
[01:54:51.320 --> 01:54:55.320] There's more to it than that, but I think that's one of the steps if I'm not mistaken.
[01:54:55.320 --> 01:54:59.320] It would probably go a long way to lynchpinning that argument in place, yes.
[01:54:59.320 --> 01:55:01.320] Okay. Okay. Hold on here.
[01:55:01.320 --> 01:55:05.320] Greg, you got your marriage license in South Dakota.
[01:55:05.320 --> 01:55:06.320] Correct.
[01:55:06.320 --> 01:55:08.320] And you're now in Minnesota.
[01:55:08.320 --> 01:55:10.320] Yes, well, we were in Minnesota.
[01:55:10.320 --> 01:55:11.320] We just crossed the border.
[01:55:11.320 --> 01:55:13.320] We didn't want to wait to get married.
[01:55:13.320 --> 01:55:15.320] So, okay.
[01:55:15.320 --> 01:55:20.320] So you got married and you entered into a contract with the state of South Dakota.
[01:55:20.320 --> 01:55:21.320] Yes.
[01:55:21.320 --> 01:55:23.320] But I think they have a contract.
[01:55:23.320 --> 01:55:27.320] How would Minnesota give full face in credit to that contract?
[01:55:27.320 --> 01:55:28.320] Yeah.
[01:55:28.320 --> 01:55:33.320] Or how would Minnesota bind you to a contract you entered into in South Dakota?
[01:55:33.320 --> 01:55:37.320] Same way they're doing with the driver's license, multi-state compacts.
[01:55:37.320 --> 01:55:39.320] Okay. No, no, no.
[01:55:39.320 --> 01:55:43.320] If I've, no, that's assuming that.
[01:55:43.320 --> 01:55:45.320] Where do you get that?
[01:55:45.320 --> 01:55:48.320] They don't get just to get to assume.
[01:55:48.320 --> 01:55:50.320] I'm not saying that's what there is.
[01:55:50.320 --> 01:55:52.320] I'm saying that's what I would be looking for.
[01:55:52.320 --> 01:55:53.320] Yeah.
[01:55:53.320 --> 01:55:54.320] That would be a possibility.
[01:55:54.320 --> 01:55:58.320] Where would you look to just Google that?
[01:55:58.320 --> 01:55:59.320] Yes.
[01:55:59.320 --> 01:56:06.320] But I'm still dubious about the contract, the marriage license contract going there
[01:56:06.320 --> 01:56:12.320] and I'm going to, I'm saying they have something else altogether.
[01:56:12.320 --> 01:56:16.320] It's going to have to do with the child welfare of the child.
[01:56:16.320 --> 01:56:20.320] And they're not going to care about you being married or not being married.
[01:56:20.320 --> 01:56:25.320] This is going to go to welfare of the child and there's going to be some law.
[01:56:25.320 --> 01:56:31.320] I suspect we're going to have an adhesion contract that if you're within the boundaries of the state,
[01:56:31.320 --> 01:56:34.320] they're going to consider you bound to these laws.
[01:56:34.320 --> 01:56:37.320] That makes sense.
[01:56:37.320 --> 01:56:42.320] The other thing I thought it was the word resides and residents and residents keeps coming out,
[01:56:42.320 --> 01:56:44.320] keeps showing up over and over again.
[01:56:44.320 --> 01:56:46.320] That's one of the tricks they use.
[01:56:46.320 --> 01:56:48.320] You kind of look forward to appearing.
[01:56:48.320 --> 01:56:53.320] And if you're a domicile and there's a way to do that with a land grant patent,
[01:56:53.320 --> 01:56:57.320] that's another way you might be able to alleviate it because you're a non-resident.
[01:56:57.320 --> 01:57:00.320] You don't have residents anywhere.
[01:57:00.320 --> 01:57:03.320] You are a, you're in a domicile.
[01:57:03.320 --> 01:57:06.320] If that makes sense.
[01:57:06.320 --> 01:57:08.320] Yeah, I'd be careful with that.
[01:57:08.320 --> 01:57:12.320] I'd look real close at how they get this particular jurisdiction.
[01:57:12.320 --> 01:57:19.320] And I'd certainly be real cautious about assuming that there was no such jurisdiction
[01:57:19.320 --> 01:57:26.320] because here you have government entities and they get to say,
[01:57:26.320 --> 01:57:33.320] we're acting for the benefit of the child and they will readily use that
[01:57:33.320 --> 01:57:37.320] to perpetrate any kind of horrendous wrong against you.
[01:57:37.320 --> 01:57:44.320] They feel like it because we're just acting in the best interest of the child.
[01:57:44.320 --> 01:57:47.320] In spite of what the law may say, I would be real careful.
[01:57:47.320 --> 01:57:48.320] This is a danger.
[01:57:48.320 --> 01:57:52.320] A family law is really a problem.
[01:57:52.320 --> 01:57:58.320] It reminds me of what they did to you and this, in this case, they'd be doing it to our children.
[01:57:58.320 --> 01:57:59.320] Yeah.
[01:57:59.320 --> 01:58:04.320] And don't get in the middle of the great train track if you can avoid it.
[01:58:04.320 --> 01:58:06.320] Well, I don't do that.
[01:58:06.320 --> 01:58:11.320] We're going to work with them and ask them what their jurisdiction is and then cooperate
[01:58:11.320 --> 01:58:15.320] and then when I figure out how to beat them, then I will.
[01:58:15.320 --> 01:58:21.320] I'm not taking too much girls going anywhere, even overnight to a foster home or anything.
[01:58:21.320 --> 01:58:23.320] I don't want to get in my kitchen.
[01:58:23.320 --> 01:58:24.320] Good.
[01:58:24.320 --> 01:58:27.320] Well, yeah, just when it comes to the children, be very careful.
[01:58:27.320 --> 01:58:28.320] Okay.
[01:58:28.320 --> 01:58:30.320] Thank you very much, Doug.
[01:58:30.320 --> 01:58:32.320] I'm sorry we didn't get to you.
[01:58:32.320 --> 01:58:36.320] We are out of time tonight.
[01:58:36.320 --> 01:58:38.320] I was just going to say, and Matt also.
[01:58:38.320 --> 01:58:39.320] Sorry, Matt.
[01:58:39.320 --> 01:58:42.320] Sorry, Doug.
[01:58:42.320 --> 01:58:43.320] I'm sorry.
[01:58:43.320 --> 01:58:44.320] I thought we would jump.
[01:58:44.320 --> 01:58:45.320] I'm breaking dead.
[01:58:45.320 --> 01:58:46.320] Okay.
[01:58:46.320 --> 01:58:47.320] Thank you everyone for listening.
[01:58:47.320 --> 01:58:51.320] This is Randy Kelton, Deborah Siemens, Eddie Craig.
[01:58:51.320 --> 01:58:52.320] We'll be back tomorrow night.
[01:58:52.320 --> 01:58:54.320] So, Matt and Doug, call back tomorrow.
[01:58:54.320 --> 01:59:23.320] We'll see you there.
[01:59:24.320 --> 01:59:50.320] Thank you.
[01:59:50.320 --> 01:59:58.320] Thank you.