ROL_2011-12-02_16k_Hr3-4.timecode

[00:00.000 --> 00:04.840]  This news brief brought to you by the International Newsnet.
[00:04.840 --> 00:10.360]  UN Human Rights Council Chief Navi Palay, Friday, appealed for the urgent protection
[00:10.360 --> 00:13.400]  of the Syrian people from the government's crackdown.
[00:13.400 --> 00:18.760]  Palay said her office had received reliable information the death toll since the start
[00:18.760 --> 00:23.160]  of the uprising was much more than 4,000.
[00:23.160 --> 00:28.320]  Activists reported that at least five people were killed by security forces following protests
[00:28.320 --> 00:32.240]  after noon prayers Friday.
[00:32.240 --> 00:36.960]  Occupy University of California Davis Tuesday called for a break with the Democratic Party
[00:36.960 --> 00:40.720]  and formation of an independent working class political movement.
[00:40.720 --> 00:46.080]  The resolution, a first for Occupy protesters, comes ten days after unarmed students were
[00:46.080 --> 00:47.080]  pepper sprayed.
[00:47.080 --> 00:52.680]  The attack on UC Davis students was part of a nationwide crackdown on Occupy demonstrators
[00:52.680 --> 00:58.560]  overseen by the Justice Department and Homeland Security.
[00:58.560 --> 01:03.560]  Protesters from Occupy DC gathered Thursday outside a building where Democrats were holding
[01:03.560 --> 01:09.200]  a campaign fundraiser, banging on drums and shouting frustration at the Democratic Party
[01:09.200 --> 01:13.240]  and Barack Obama's reliance on Wall Street donations.
[01:13.240 --> 01:20.680]  The Democratic Congressional Campaign Committee charged up to $75,000 for a seat at the fundraiser.
[01:20.680 --> 01:25.040]  America has received more donations from Wall Street than all Republican candidates
[01:25.040 --> 01:26.040]  combined.
[01:26.040 --> 01:34.800]  WikiLeaks Friday released 287 documents from 160 intelligence contractors involved in
[01:34.800 --> 01:40.480]  surveillance, quote, shining a light on this secret industry that has boomed since 9-11.
[01:40.480 --> 01:44.760]  WikiLeaks says international surveillance companies sell technology to every country
[01:44.760 --> 01:49.680]  in the world, adding intelligence agencies, military forces and police authorities are
[01:49.680 --> 01:54.560]  able to secretly intercept calls and take over computers without the help or knowledge
[01:54.560 --> 01:56.560]  of telecom providers.
[01:56.560 --> 02:01.200]  Users' physical location can be tracked if they carry a mobile phone, even if it is only
[02:01.200 --> 02:02.680]  on standby.
[02:02.680 --> 02:08.280]  WikiLeaks says systems for indiscriminate mass surveillance have become the norm.
[02:08.280 --> 02:12.680]  Intelligence companies such as Vastek secretly sell equipment to permanently record the phone
[02:12.680 --> 02:15.040]  calls of entire nations.
[02:15.040 --> 02:20.600]  Researchers record the location of every mobile phone in the city down to 50 meters.
[02:20.600 --> 02:26.240]  Systems to infect every Facebook user or smartphone owner of an entire population group are on
[02:26.240 --> 02:27.720]  the intelligence market.
[02:27.720 --> 02:34.400]  The Republican Governors Association, meeting this week to discuss ways to rejuvenate, strategize
[02:34.400 --> 02:38.400]  and team build, is worried about Occupy Wall Street.
[02:38.400 --> 02:43.280]  Frank Lutz, a Republican strategist and one of the nation's foremost experts on political
[02:43.280 --> 02:48.600]  messaging, said, quote, I'm so scared of this anti-Wall Street effort, I'm frightened
[02:48.600 --> 02:49.600]  to death.
[02:49.600 --> 02:54.480]  Lutz offered tips on how Republicans could discuss protesters' grievances.
[02:54.480 --> 03:00.080]  He suggested replacing the word capitalism with the term economic freedom, since the
[03:00.080 --> 03:27.640]  public considers capitalism immoral.
[03:30.080 --> 03:51.720]  Well, I received my remedy today, came in a box just like they say, I accepted for value
[03:51.720 --> 03:52.720]  right away.
[03:52.720 --> 04:14.200]  We are taking your calls, calling number is 512-646-1984.
[04:14.200 --> 04:18.840]  If you have a question query or poser, now's the time to get on the line and we'll get
[04:18.840 --> 04:21.240]  it answered for you if we can.
[04:21.240 --> 04:26.200]  Please don't wait till the last minute, because we are not doing overtime if we can help it.
[04:26.200 --> 04:28.760]  We need sleep too.
[04:28.760 --> 04:34.560]  Right now we have Doug on the board, evening Doug, what can we do for you?
[04:34.560 --> 04:44.840]  Yeah, I guess I didn't want you to ask, but I was wondering, these tiny carers are out
[04:44.840 --> 04:49.320]  there, and they're having a civil suit here.
[04:49.320 --> 04:53.840]  Doug, Doug, are you on a speaker phone or on your cell phone moving around somewhere?
[04:53.840 --> 04:57.480]  No, I'm on a cell phone, I'm on a cell phone.
[04:57.480 --> 05:00.680]  Okay, you're breaking up really badly.
[05:00.680 --> 05:04.160]  I'm only catching every third or fourth word.
[05:04.160 --> 05:10.840]  Doug, do you have your head stuck in a toilet?
[05:10.840 --> 05:11.840]  Do what?
[05:11.840 --> 05:14.520]  Do you have your head stuck in a toilet?
[05:14.520 --> 05:16.520]  It kind of sounds like that.
[05:16.520 --> 05:19.520]  Yeah, I don't think so.
[05:19.520 --> 05:20.520]  Oh, okay.
[05:20.520 --> 05:21.520]  I was just checking.
[05:21.520 --> 05:22.520]  I'm a car driver.
[05:22.520 --> 05:23.520]  Okay, try calling us back, maybe we'll get a better connection.
[05:23.520 --> 05:24.520]  All right, we'll do it.
[05:24.520 --> 05:25.520]  All right, Doug, thanks.
[05:25.520 --> 05:41.520]  Okay, while we're waiting on Doug to reconnect, Randy kept apartment about some things that
[05:41.520 --> 05:44.160]  I was going to talk about.
[05:44.160 --> 05:51.920]  There is something I've been looking at today, and it deals with federal laws and such, because
[05:51.920 --> 05:56.920]  one of the things that I have a real issue with is the state's requiring things like
[05:56.920 --> 06:02.400]  social security numbers, banks, and so on and so forth saying that these things are mandatory,
[06:02.400 --> 06:06.360]  when in fact they are not, and they cannot be.
[06:06.360 --> 06:14.120]  The reason they cannot be is several fold, one of which is the Privacy Act of 1974, specific
[06:14.120 --> 06:22.760] ly forbids, in its language, any federal, state, or local government agency from denying any
[06:22.760 --> 06:28.600]  individual a right, benefit, or privilege because of that individual's refusal to disclose
[06:28.600 --> 06:30.640]  the social security number.
[06:30.640 --> 06:36.840]  Now, banks are federally regulated, therefore they are susceptible to those provisions of
[06:36.840 --> 06:40.040]  the federal statute regarding the social security number.
[06:40.040 --> 06:47.160]  In fact, anyone that wants to use it still has to comply with federal law.
[06:47.160 --> 06:53.640]  I don't care what they say, it's a federal thing, therefore federal law controls its
[06:53.640 --> 06:54.640]  use.
[06:54.640 --> 07:01.400]  Now, the state government will be real quick to tell you that the federal law allows them
[07:01.400 --> 07:09.800]  to use the social security number for state programs, but there's a slight caveat to that.
[07:09.800 --> 07:16.200]  The same section of the Privacy Act, specifically grandfathers in state use of the social security
[07:16.200 --> 07:25.360]  number, only if the particular program desiring the use of the social security number existed
[07:25.360 --> 07:35.800]  prior to 1975, and the number was mandatory at that time, otherwise they're not protected
[07:35.800 --> 07:38.440]  from suit under the Privacy Act.
[07:38.440 --> 07:45.480]  Now, the other problem is this, the section that they allege gives them this authority
[07:45.480 --> 07:56.320]  to use the social security number and make it mandatory is Title 42, Section 666.
[07:56.320 --> 07:58.000]  You don't believe that?
[07:58.000 --> 07:59.520]  Go read it.
[07:59.520 --> 08:09.120]  Title 42, United States Code, Section 666, talk about the in-your-face Mark of the Beast
[08:09.120 --> 08:16.000]  deal here, but let's go beyond that for just a second.
[08:16.000 --> 08:24.560]  When you actually read that section, it only applies to one type of person and one only
[08:24.560 --> 08:29.040]  federal military personnel.
[08:29.040 --> 08:34.520]  This deadbeat dad stuff that the states are proclaiming that they use the social security
[08:34.520 --> 08:44.440]  number for is written specifically into federal law relating to military personnel, has nothing
[08:44.440 --> 08:47.520]  to do with the general public.
[08:47.520 --> 08:54.080]  There is absolutely no authority in that statute for the states to grab and use the
[08:54.080 --> 09:02.160]  social security number to track any non-military citizen, none whatsoever.
[09:02.160 --> 09:09.040]  Now, that's two reasons right there, but let's go into a very important third.
[09:09.040 --> 09:16.640]  I've been doing a little studying on positive law versus non-positive law at the federal
[09:16.640 --> 09:19.200]  level.
[09:19.200 --> 09:25.720]  Everybody that's done any federal law study knows that only the laws that have been entered
[09:25.720 --> 09:31.840]  into the federal register have been enacted as positive law.
[09:31.840 --> 09:42.440]  However, what most people don't realize is that there are 51 titles of federal law, 51
[09:42.440 --> 09:47.000]  different codes with their own titles.
[09:47.000 --> 09:54.960]  Out of those 51, only 25 have been enacted into positive law.
[09:54.960 --> 10:00.640]  Now, what does the phrase positive law actually mean?
[10:00.640 --> 10:13.000]  Well, according to section 1, Title 1, United States Code, Section 2.04 under Chapter 3,
[10:13.000 --> 10:16.720]  this is what positive law means.
[10:16.720 --> 10:22.120]  United States Code, the matter set forth in the addition of the code of laws of the United
[10:22.120 --> 10:28.960]  States current at any time shall, together with the then current supplement, if any,
[10:28.960 --> 10:35.400]  establish prima facie the laws of the United States, general and permanent in their nature,
[10:35.400 --> 10:41.160]  enforce on the day proceeding the commencement of the session following the last section,
[10:41.160 --> 10:44.720]  the legislation of which is included.
[10:44.720 --> 10:52.120]  And however, that, whenever titles of such code shall have been enacted into positive
[10:52.120 --> 11:00.000]  law, the text thereof shall be legal evidence of the laws therein contained in all the courts
[11:00.000 --> 11:05.840]  of the United States, the several states, and the territories and insular possessions
[11:05.840 --> 11:08.360]  of the United States.
[11:08.360 --> 11:13.040]  This means you can enter federal statute as evidence of a state court.
[11:13.040 --> 11:19.880]  It also means you can enter federal statute as evidence in a federal court, provided that
[11:19.880 --> 11:27.600]  federal statute is in a title that is enacted into positive law.
[11:27.600 --> 11:33.320]  Here's the problem with all federal income tax cases being tried at the federal level.
[11:33.320 --> 11:42.840]  The prosecution is allowed to introduce the federal Title 26 as evidence against the accused.
[11:42.840 --> 11:50.840]  Problem is, Title 26 has not been made positive law in the federal register.
[11:50.840 --> 11:56.840]  The other problem is, getting back to the social security number, is Title 42 hasn't
[11:56.840 --> 12:01.560]  been enacted into positive law either.
[12:01.560 --> 12:09.440]  The problem is, if it's not positive law, then it can't be publicly mandatory.
[12:09.440 --> 12:13.780]  You see the problem?
[12:13.780 --> 12:20.480]  It's like having a secret law that no one can use because it's not actual evidence of
[12:20.480 --> 12:21.480]  law.
[12:21.480 --> 12:24.280]  It's kind of like state statutes.
[12:24.280 --> 12:28.000]  They don't let you introduce the statute as evidence.
[12:28.000 --> 12:29.000]  Why?
[12:29.000 --> 12:32.000]  Because it is not positive law.
[12:32.000 --> 12:38.520]  The session law is the actual positive law.
[12:38.520 --> 12:45.200]  The statute is just a representation that there's a positive law that exists.
[12:45.200 --> 12:49.760]  It's prima facie evidence of the existence of positive law.
[12:49.760 --> 12:52.560]  Right, but it's not actual evidence.
[12:52.560 --> 12:56.520]  That's why you can't introduce it as evidence.
[12:56.520 --> 13:04.320]  That's why the only way to get a statute brought up in court is through judicial notice because
[13:04.320 --> 13:10.440]  they can't accept it as evidence.
[13:10.440 --> 13:15.400]  That presents the problem we're facing on getting the statutes argued in these courts.
[13:15.400 --> 13:19.960]  People don't know how to get them brought in because they're assuming that the statute
[13:19.960 --> 13:21.720]  is evidence of the law.
[13:21.720 --> 13:25.640]  It's not.
[13:25.640 --> 13:33.000]  Only the session law is the actual law that can be brought in as evidence.
[13:33.000 --> 13:39.920]  That's what is not published online for the general public to access.
[13:39.920 --> 13:43.840]  You guessed it, the session law.
[13:43.840 --> 13:52.200]  The only way to get that is if you can get a copy of the actual enrolled bill.
[13:52.200 --> 14:01.280]  Even then, it's not a signed copy by the governor, so that's still not admissible because until
[14:01.280 --> 14:05.440]  it's signed, it's not a law.
[14:05.440 --> 14:07.840]  It's just a bill.
[14:07.840 --> 14:13.960]  Now, what this means for us regarding the state's use of the social security numbers
[14:13.960 --> 14:19.360]  and the banks and everybody else is they're attempting to tell us that these things are
[14:19.360 --> 14:25.880]  mandatory when the laws that govern and control these things, such as the social security number
[14:25.880 --> 14:32.360]  itself, are not positive law.
[14:32.360 --> 14:38.640]  Then they completely misrepresent what that law actually is, of course.
[14:38.640 --> 14:39.720]  They do it all the time.
[14:39.720 --> 14:41.720]  They do it with the state codes.
[14:41.720 --> 14:44.800]  Why wouldn't they do it with the federal?
[14:44.800 --> 14:48.800]  Let's just tell everybody they have to produce the social security number.
[14:48.800 --> 14:55.480]  That way we can just track everybody, not just the deadbeat military dads, which is the only
[14:55.480 --> 14:59.400]  real authority that was given.
[14:59.400 --> 15:08.960]  Folks, I want you to know, I've said it before, I'll keep on saying it, you are being lied
[15:08.960 --> 15:09.960]  to.
[15:09.960 --> 15:14.400]  It is high time that you wake up.
[15:14.400 --> 15:24.920]  If you don't wake up, don't be surprised by what happens to you in your sleep, okay?
[15:24.920 --> 15:31.200]  Ask any college girl at a front party why it's a bad idea to pass out from alcohol.
[15:31.200 --> 15:35.800]  That's pretty much the American state of mind these days.
[15:35.800 --> 15:40.000]  Just take enough to stupefy yourself so you don't have to pay attention to what's going
[15:40.000 --> 15:42.000]  on.
[15:42.000 --> 15:46.360]  Anyway, food for thought and things to read.
[15:46.360 --> 15:47.880]  Go to it.
[15:47.880 --> 15:50.440]  Looks like Doug reconnected on another phone.
[15:50.440 --> 15:53.080]  Let's see if we can get him on and hear him this time.
[15:53.080 --> 15:55.200]  Doug, are you there?
[15:55.200 --> 15:56.200]  Yeah, I'm here already.
[15:56.200 --> 15:57.200]  All right.
[15:57.200 --> 16:01.080]  At least I got all the words that time, so what do you got?
[16:01.080 --> 16:02.080]  Okay.
[16:02.080 --> 16:12.120]  I've got why in hell are these little attorney generals pursuing civil matters in criminal
[16:12.120 --> 16:17.680]  cases where the banks are doing criminal things.
[16:17.680 --> 16:24.160]  I don't see why they have any standing in a civil suit.
[16:24.160 --> 16:31.720]  It seems like all the people we got, you know, lost their houses, did this, not another would
[16:31.720 --> 16:35.720]  have a civil case against the bank.
[16:35.720 --> 16:36.720]  But why?
[16:36.720 --> 16:40.520]  Hang on a second Doug, we'll be right back.
[16:40.520 --> 16:43.520]  All right folks, this is Rule of Law Radio.
[16:43.520 --> 16:48.520]  The second number is 512-646-1984.
[16:48.520 --> 16:51.520]  We've got about an hour and 45 minutes left in the show.
[16:51.520 --> 16:55.080]  If you have a question, query or quandary, now's the time to call us.
[16:55.080 --> 16:56.720]  Please don't wait till the last minute.
[16:56.720 --> 17:02.520]  Doug's the only caller we got, right back.
[17:02.520 --> 17:11.520]  It's the story of a lost city, lost opportunity, lost hope, a story of failed policies, failed
[17:11.520 --> 17:12.520]  leadership.
[17:12.520 --> 17:20.520]  A story of smooth talking politicians, games of he said, she said, rhetoric and division.
[17:20.520 --> 17:26.520]  One man has stood apart, stood strong and true.
[17:26.520 --> 17:33.520]  Voting against every tax increase, every unbalanced budget, every time.
[17:33.520 --> 17:41.520]  Standing up to the Washington machine, guided by principal Ron Paul, the one who will stop
[17:41.520 --> 17:49.520]  sending, save the dollar, create jobs, bring peace, the one who will restore liberty.
[17:49.520 --> 17:56.520]  Ron Paul, the one who can beat Obama and restore America now.
[17:56.520 --> 18:00.520]  I'm Ron Paul and I approve this message.
[18:00.520 --> 18:05.520]  Are you being harassed by debt collectors with phone calls, letters or even losses?
[18:05.520 --> 18:09.520]  Stop debt collectors now with the Michael Meares Proven Method.
[18:09.520 --> 18:13.520]  Michael Meares has won six cases in federal court against debt collectors and now you
[18:13.520 --> 18:14.520]  can win two.
[18:14.520 --> 18:19.520]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.520 --> 18:25.520]  civil rights statute, what to do when contacted by phones, mail or court summons, how to answer
[18:25.520 --> 18:29.520]  letters and phone calls, how to get debt collectors out of your credit reports, how to turn the
[18:29.520 --> 18:33.520]  financial tables on them and make them pay you to go away.
[18:33.520 --> 18:38.520]  The Michael Meares Proven Method is the solution for how to stop debt collectors.
[18:38.520 --> 18:40.520]  Personal consultation is available as well.
[18:40.520 --> 18:46.520]  For more information, please visit ruleoflawradio.com and click on the blue Michael Meares banner
[18:46.520 --> 18:49.520]  or email Michael Meares at yahoo.com.
[18:49.520 --> 19:00.520]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[19:00.520 --> 19:09.520]  Well don't let nothing get to you, only the father can't do it but you.
[19:09.520 --> 19:12.520]  Don't let my people hurt you until they start to get behind you.
[19:12.520 --> 19:14.520]  Know what I mean?
[19:14.520 --> 19:20.520]  My friend and all I judge is a couple of those things that hurt me pretty.
[19:20.520 --> 19:24.520]  Alright folks, we are back to the rule of law radio.
[19:24.520 --> 19:31.520]  As I was saying before we left the break, call in number is 512-646-1984.
[19:31.520 --> 19:35.520]  Doug's the only caller we got right now so we have an open board.
[19:35.520 --> 19:41.520]  If you don't call in and get in line, I'm going to have to turn this back over to Randy and let him put you so sleep some more.
[19:41.520 --> 19:44.520]  So get on here and let's get busy.
[19:44.520 --> 19:46.520]  Alright Doug, let's go on with your question.
[19:46.520 --> 20:01.520]  Okay, we're discussing, you know, I said that the Attorney General's State has no standing if, you know, my house, if they rip me off or did this or that, that would be my...
[20:01.520 --> 20:04.520]  I would have standing, he wouldn't.
[20:04.520 --> 20:15.520]  And whether they don't make this criminal where they would have standing because there are statutes that pertain to that,
[20:15.520 --> 20:17.520]  I just don't quite get it.
[20:17.520 --> 20:21.520]  Okay, let me address that.
[20:21.520 --> 20:29.520]  If you made it criminal, and you can because there are criminal accusations you can certainly make,
[20:29.520 --> 20:34.520]  that still would not invoke the authority of the Attorney General.
[20:34.520 --> 20:43.520]  The Attorney General handles civil issues but only when a public official is sued in the civil court.
[20:43.520 --> 20:56.520]  There is a new place that was passed relatively recently that gives the Attorney General prosecutorial authority.
[20:56.520 --> 21:07.520]  Now prior to this, this latest one, the only time the Attorney General was the prosecutor of original jurisdiction,
[21:07.520 --> 21:16.520]  was in a complaint against a district attorney or a county attorney under the Open Records Act.
[21:16.520 --> 21:20.520]  That was the only time he was given original jurisdiction.
[21:20.520 --> 21:30.520]  But in Chapter 39, the chapter addressing crimes by public officials,
[21:30.520 --> 21:39.520]  official oppression, abuse of official capacity, official misconduct,
[21:39.520 --> 21:53.520]  39.015 gives the prosecuting attorney concurrent jurisdiction in complaints under this chapter with the district attorney.
[21:53.520 --> 22:03.520]  And at the request of and with the permission of the district attorney, he can have jurisdiction to prosecute.
[22:03.520 --> 22:09.520]  Well, I just put the Attorney General on the dime.
[22:09.520 --> 22:20.520]  And I talked to a woman with the Attorney General's office and she said that the only way they could prosecute was with the permission of the prosecuting attorney.
[22:20.520 --> 22:27.520]  And I asked her, well, what if the district attorney is the accused?
[22:27.520 --> 22:37.520]  The title of the legislation of the statute is the Attorney General Concurrent Jurisdiction.
[22:37.520 --> 22:47.520]  I forget exactly the name, but it said that it intended that the Attorney General have concurrent jurisdiction with the prosecuting attorney.
[22:47.520 --> 22:55.520]  So if the legislature intended the Attorney General to have concurrent jurisdiction,
[22:55.520 --> 23:05.520]  but they indicated that they did not intend that the Attorney General preempt the prosecuting attorney but have jurisdiction with his permission.
[23:05.520 --> 23:22.520]  However, if the prosecuting attorney is compromised, for instance, like in this case, when he is the accused, it would be inappropriate to go to the prosecuting attorney for his permission.
[23:22.520 --> 23:33.520]  Therefore, it was my contention that the legislature intended the prosecuting attorney to have jurisdiction concurrent with the prosecuting attorney.
[23:33.520 --> 23:47.520]  So instead of having the court appoint an attorney pro-tim, the Attorney General could step in and prosecute the prosecutor.
[23:47.520 --> 23:57.520]  So I sent the Attorney General a stack of complaints and they assured me that the Attorney General wouldn't be able to prosecute.
[23:57.520 --> 24:08.520]  And I said, well, we'll take that up with the grand jury and see what the grand jury thinks about the intent of the legislature.
[24:08.520 --> 24:17.520]  And that goes to how I think we should all think about grand juries.
[24:17.520 --> 24:24.520]  We should think about grand juries as a separate court of appeals.
[24:24.520 --> 24:32.520]  We can appeal to these corrupt judges who tend to protect one another.
[24:32.520 --> 24:41.520]  Sometimes they're not corrupt, but if you deal with attorneys all the time, you tend to develop an affinity for them.
[24:41.520 --> 24:49.520]  And then when a procé comes along, you don't have that affinity, so you're more likely to kick his keystroke.
[24:49.520 --> 25:01.520]  We're saying that instead of trying to appeal this stuff to a panel of corrupt judges, appeal it to a grand jury.
[25:01.520 --> 25:03.520]  See what they think about it.
[25:03.520 --> 25:12.520]  And I think it's just as appropriate for a grand jury to determine what they believe the legislature intended.
[25:12.520 --> 25:23.520]  For it, like in this instance, if the Attorney General refuses to pursue prosecution against the District Attorney,
[25:23.520 --> 25:29.520]  what I will maintain is that under Article 2.03, code of conduct procedure,
[25:29.520 --> 25:36.520]  since the Attorney General has given concurrent jurisdiction in matters of complaints against the public official,
[25:36.520 --> 25:43.520]  that it was the duty of the Attorney General to reduce complaint to an information and submit it to the grand jury.
[25:43.520 --> 25:52.520]  And if he fails to do so, instead of appealing to the Court of Appeals for Rita Mandamus ordering him to do his job,
[25:52.520 --> 25:56.520]  I appeal to a grand jury to indict him.
[25:56.520 --> 25:58.520]  That's a lot more fun.
[25:58.520 --> 26:07.520]  And it's a lot more likely to get these guys to say, well, hold on here, let's think about this.
[26:07.520 --> 26:15.520]  Maybe we actually could step in and pick up the reins and take subject matter jurisdiction.
[26:15.520 --> 26:22.520]  So, okay, I hope that explains the jurisdiction of the Attorney General.
[26:22.520 --> 26:31.520]  So, even if you made criminal complaints against the banker, that too would not invoke the Attorney General.
[26:31.520 --> 26:43.520]  But the Attorney General has other things he can do that when I talked earlier about all of the Attorney General's investigating into the banksters.
[26:43.520 --> 26:53.520]  The Attorney General can do the investigation and then they would turn their investigation over to the local prosecuting attorney.
[26:53.520 --> 26:54.520]  What?
[26:54.520 --> 27:03.520]  Like in this case where they would be making accusations against bankers all over the state,
[27:03.520 --> 27:13.520]  then they could go to the prosecuting attorney and say, we have this same issue occurring all over the place,
[27:13.520 --> 27:28.520]  and we want you prosecutors to authorize us to come in and do this prosecution so we can do it all at one time with the same set of attorneys
[27:28.520 --> 27:30.520]  and you don't have to mess with it.
[27:30.520 --> 27:40.520]  So, it almost sounds like this legislation was written so that the Attorney General could go after the banks.
[27:40.520 --> 27:46.520]  When I looked at it, that's the impression that I got in the timing it was put in in 2007.
[27:46.520 --> 27:55.520]  It would give them authority to, after they've investigated a pervasive statewide criminal action,
[27:55.520 --> 27:58.520]  then to go in and actually prosecute it.
[27:58.520 --> 28:06.520]  So, that is the only way we could get the Attorney General in is if he looks at this and says,
[28:06.520 --> 28:15.520]  these guys have committed crimes all over the state and then asked the prosecutor to bring him in.
[28:15.520 --> 28:23.520]  I'm trying to expand the authority of the Attorney General to prosecute prosecutors
[28:23.520 --> 28:30.520]  so that we can have a hammer to hang over the head of the prosecuting attorney.
[28:30.520 --> 28:36.520]  In order to, I don't expect the Attorney General to actually prosecute one,
[28:36.520 --> 28:45.520]  but I do want him to have that option so that I can waive the option in front of a local prosecuting attorney and say,
[28:45.520 --> 28:54.520]  well, Bubba, you either do your job or I'll go see if I can't get the Attorney General to come down here and stomp all over you.
[28:54.520 --> 29:01.520]  And that will act as, it should act as a check and balance.
[29:01.520 --> 29:05.520]  Did I answer all your questions, Doug?
[29:05.520 --> 29:07.520]  Sure.
[29:07.520 --> 29:11.520]  Okay, may I interject a little bit here on what you've been going over?
[29:11.520 --> 29:13.520]  Yes, absolutely.
[29:13.520 --> 29:23.520]  Okay, the problem with the statute you're reading, granting the authority to the Attorney General to go in and prosecute these types of criminal cases,
[29:23.520 --> 29:28.520]  flies directly in the face of Article 5 of the Texas Constitution.
[29:28.520 --> 29:36.520]  The prosecutorial power of the state is vested in only two public officers, the county and the district attorney.
[29:36.520 --> 29:40.520]  But I'll pick that up in detail when we get back on the other side.
[29:40.520 --> 29:42.520]  Hang on, Doug, we'll be back in a minute.
[29:42.520 --> 29:44.520]  All right, folks, this is Rule of Law Radio.
[29:44.520 --> 29:48.520]  Call in number is 512-646-1984.
[29:48.520 --> 29:50.520]  Give us a call.
[29:50.520 --> 29:52.520]  We still have only Doug on the board.
[29:52.520 --> 29:59.520]  We're going to be right back after this break.
[29:59.520 --> 30:05.520]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[30:05.520 --> 30:07.520]  The government says the fire brought it down.
[30:07.520 --> 30:12.520]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[30:12.520 --> 30:15.520]  Over 6,000 of my fellow service members have given their lives.
[30:15.520 --> 30:18.520]  Thousands of my fellow first responders have died.
[30:18.520 --> 30:19.520]  I'm not a conspiracy theorist.
[30:19.520 --> 30:20.520]  I'm a structural engineer.
[30:20.520 --> 30:21.520]  I'm a New York City correction officer.
[30:21.520 --> 30:22.520]  I'm an Air Force pilot.
[30:22.520 --> 30:24.520]  I'm a father who lost his son.
[30:24.520 --> 30:27.520]  We are Americans, and we deserve the truth.
[30:27.520 --> 30:30.520]  Go to RememberBuilding7.org today.
[30:30.520 --> 30:35.520]  The Ten Commandments are a cornerstone of Judaism, Islam and Christianity.
[30:35.520 --> 30:39.520]  If you're an educated person, you should probably know them, regardless of your religion.
[30:39.520 --> 30:45.520]  I'm Dr. Catherine Albrecht, and I'll be right back with a tip to help you remember one of the Ten Commandments.
[30:45.520 --> 30:47.520]  Privacy is under attack.
[30:47.520 --> 30:51.520]  When you give up data about yourself, you'll never get it back again.
[30:51.520 --> 30:56.520]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:56.520 --> 30:57.520]  So protect your rights.
[30:57.520 --> 31:01.520]  Say no to surveillance and keep your information to yourself.
[31:01.520 --> 31:03.520]  Privacy, it's worth hanging on to.
[31:03.520 --> 31:11.520]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[31:11.520 --> 31:15.520]  Start over with StartPage.
[31:15.520 --> 31:18.520]  I'm reminded of the Fifth Commandment whenever I look at my hand.
[31:18.520 --> 31:20.520]  My five fingers act as a unit.
[31:20.520 --> 31:24.520]  This reminds me of how a family works together as a unit.
[31:24.520 --> 31:28.520]  The Fifth Commandment is all about family and how children should regard their parents.
[31:28.520 --> 31:35.520]  The Commandment says, honor your father and your mother so that you may live long in the land the Lord your God is giving you.
[31:35.520 --> 31:41.520]  The Ten Commandments have probably inspired more commitment and controversy than any other moral code.
[31:41.520 --> 31:48.520]  The next time they come up in conversation, you'll look at your five fingers and remember that the Fifth Commandment is about family functioning
[31:48.520 --> 31:51.520]  and the mandate to honor your father and mother.
[31:51.520 --> 31:53.520]  I'm Dr. Catherine Albrecht.
[31:53.520 --> 31:59.520]  Here's some news and information at CatherineAlbrecht.com.
[32:23.520 --> 32:36.520]  Hi folks, we are back to the new law radio.
[32:36.520 --> 32:41.520]  Again, the calling number is 512-646-1984.
[32:41.520 --> 32:45.520]  These like we don't have a whole lot of people out there with a phone available through the night.
[32:45.520 --> 32:50.520]  Normally we have phone calls stacked up all the way to quitting time, but tonight we're kind of sparse.
[32:50.520 --> 32:55.520]  Alright, we're going to go back to Doug and I'm going to finish up my commentary on the Attorney General.
[32:55.520 --> 33:04.520]  Okay, the Article 5 of the Texas Constitution is the judicial branch and it assigns the powers to all of the judicial officers,
[33:04.520 --> 33:08.520]  including the Attorney General and the county and district attorneys.
[33:08.520 --> 33:19.520]  It specifically invests the prosecutorial power of the state in the two public offices of county attorney and district attorney.
[33:19.520 --> 33:29.520]  It specifically sets the power of the Attorney General to be civil only and only in the state supreme court.
[33:29.520 --> 33:37.520]  Now we know he can't prosecute criminally if the only place he's allowed to appear is the state supreme court.
[33:37.520 --> 33:51.520]  The only other power vested in the Attorney General's office by the Texas Constitution is the power to conduct hearings against corporations for the revocation of their corporate charter.
[33:51.520 --> 33:55.520]  That's all the power that's given to the Attorney General.
[33:55.520 --> 34:02.520]  He can sue civilly in the name of the state, but he cannot prosecute criminally.
[34:02.520 --> 34:11.520]  He can only bring a charge to the county or district attorneys who must then pursue the prosecution.
[34:11.520 --> 34:20.520]  He can advise, but he cannot control the county or district attorney's prosecution of a case, period.
[34:20.520 --> 34:24.520]  That's written right into the Texas Constitution.
[34:24.520 --> 34:27.520]  So Randy, you said you had some commentary on it.
[34:27.520 --> 34:31.520]  I got my two cents to hand in on that.
[34:31.520 --> 34:39.520]  The first time I brought up this issue, you made that comment and I'll have to tell you it annoyed the crap out of me.
[34:39.520 --> 34:46.520]  But you brought it up again today and something occurred to me.
[34:46.520 --> 34:56.520]  You know, I really like the idea of being able to seek the Attorney General on the local district attorney.
[34:56.520 --> 35:01.520]  But Eddie's comment forced me to think about that.
[35:01.520 --> 35:20.520]  And I remember a comment I made to someone in a seminar in Pennsylvania when he asked if you could file criminal charges against the county clerk for accepting a notice of lien from the IRS.
[35:20.520 --> 35:27.520]  And I said to him, be careful what you ask for.
[35:27.520 --> 35:43.520]  And in considering the prospect of the Attorney General prosecuting a district attorney, I had to rethink my position.
[35:43.520 --> 35:57.520]  Do I really want the state to have the power to come in and beat up my local district attorney?
[35:57.520 --> 36:11.520]  Regardless of how big a scoundrel I may believe the district attorney is, I don't think I want the Attorney General messing with my district attorney.
[36:11.520 --> 36:17.520]  Looking at that, I can foresee some very serious problems.
[36:17.520 --> 36:25.520]  I raise objections to the Fed's preempting state law.
[36:25.520 --> 36:42.520]  In the same context, I have to consider the prospect of the state preempting county law or county authority. County and state are under the same law, but not necessarily the same authority.
[36:42.520 --> 37:02.520]  And in thinking about it as much as I would like it, I don't think I want the Attorney General to have the power to come in arbitrarily and usurp my prosecuting attorney.
[37:02.520 --> 37:21.520]  Now, I do like the idea of the Attorney General having the capacity to act in the name of and at the request of my local county or prosecuting attorney, district attorney or county.
[37:21.520 --> 37:31.520]  But I don't think I want the Attorney General to be able to preempt him.
[37:31.520 --> 37:46.520]  It's in order to avoid the accumulation of power in any one office that comes from a statute that limits the power of the prosecuting attorney to initiate a prosecution.
[37:46.520 --> 37:53.520]  I think in order to limit the power of the Attorney General, he should not be able to preempt.
[37:53.520 --> 38:08.520]  I have just eaten crow. You get to put that on your board, Eddie. You were right. I was wrong first time you got to be there to see it.
[38:08.520 --> 38:15.520]  I wasn't looking to make you wrong. I just want to point out, you know, the things that we miss. We just flat don't look at these things.
[38:15.520 --> 38:24.520]  I know. And that is that is my point. This is something I really want to be able to beat up the prosecuting attorney.
[38:24.520 --> 38:37.520]  But in the interest of consistency, I have to take a second look. I have a one of my one book I've read about five times.
[38:37.520 --> 38:48.520]  It's called Nonsense. How to detect it and how to avoid it. It is the best book on the use of language that I've ever come across.
[38:48.520 --> 39:00.520]  And there's one place in there where he states that people seldom operate from a consistent set of beliefs.
[39:00.520 --> 39:23.520]  It is incredibly difficult to develop a set of consistent beliefs because our wants and wishes and our emotional influences affect our state of mind.
[39:23.520 --> 39:34.520]  So we have to exercise extreme discipline, mental discipline in order to maintain a consistent set of beliefs.
[39:34.520 --> 39:41.520]  Most people I know believe one thing in one context, another thing in another.
[39:41.520 --> 39:52.520]  And I may annoy the Christians, but I think this is a good example. A lot of right-wing conservative Christians believe in the desperately.
[39:52.520 --> 40:02.520]  But then I read the Bible and it says, thou shalt not kill. So I ask myself, how can I reconcile those two?
[40:02.520 --> 40:17.520]  I can't accept one in one context and accept the other in another context because they'll use the most horrendous example to say why we should do the one.
[40:17.520 --> 40:31.520]  And then when they feel like it's an injustice, like when they feel like the prosecutor has gotten someone wrong or convicted, then they'll use an outrageous example on the other side.
[40:31.520 --> 40:43.520]  So how do we avoid allowing ourselves to fall into emotional thinking and thereby come up with an inconsistent belief system?
[40:43.520 --> 41:05.520]  And that's what this went to. I'm going to work to develop a system that is equitable, functional in all circumstances and does not allow itself to vary based on the emotional issues of the moment.
[41:05.520 --> 41:22.520]  So in this case, I have to take the hit. I allowed myself to imagine how much fun it would be to get the attorney general to beat up the local district attorney that I'm annoyed with.
[41:22.520 --> 41:26.520]  Now I have to back up and find another way to beat him up.
[41:26.520 --> 41:38.520]  Okay, I'm going to shut up or pick it up some calls. We're going to go to a dugger. Do you have any more comments or questions?
[41:38.520 --> 41:51.520]  That was my question. I think you already answered it when you said that.
[41:51.520 --> 41:58.520]  Okay, and I just wanted you to know I was only kidding about you having your head in the toilet.
[41:58.520 --> 42:03.520]  It only sounded like that.
[42:03.520 --> 42:11.520]  All right, well, I'm only kidding when I tell you, Eddie's got about 80-hour key points on you.
[42:11.520 --> 42:15.520]  Okay, Eddie, thank you so much.
[42:15.520 --> 42:17.520]  Thanks, Doug.
[42:17.520 --> 42:23.520]  Okay, thank you, Doug. We're going to go to Tony in Illinois.
[42:23.520 --> 42:28.520]  Tony, we missed you last night. You got in right at the end.
[42:28.520 --> 42:37.520]  Yeah, I was just going to squeeze in that you had the car in California about the cell phone ticket.
[42:37.520 --> 42:48.520]  I just wanted to put in the information about the trial by declaration that you can do in California.
[42:48.520 --> 42:54.520]  It's 40902 of the vehicle code.
[42:54.520 --> 42:58.520]  Now, I haven't done a comprehensive study of California.
[42:58.520 --> 43:04.520]  I just did a little bit of it out of curiosity a while back and I didn't really finish, but I do know this much.
[43:04.520 --> 43:07.520]  It can do a trial by declaration.
[43:07.520 --> 43:10.520]  40902 of the vehicle code.
[43:10.520 --> 43:14.520]  The form is TR205.
[43:14.520 --> 43:15.520]  Wait a minute.
[43:15.520 --> 43:16.520]  Wait a minute.
[43:16.520 --> 43:18.520]  Trial by declaration?
[43:18.520 --> 43:22.520]  That sounds like pains and penalties.
[43:22.520 --> 43:28.520]  Well, basically, you go in and you post bond.
[43:28.520 --> 43:34.520]  But I think you can ask the clerk to have it waived, and I guess that's their discretion.
[43:34.520 --> 43:40.520]  But you get the form TR205 and basically make your case in writing.
[43:40.520 --> 43:42.520]  Okay, hold on.
[43:42.520 --> 43:44.520]  We're going to go to break.
[43:44.520 --> 43:48.520]  Very much would like to pick this up on the other side.
[43:48.520 --> 43:51.520]  This is Randy Calton, Debbie Stevens, Eddie Craig.
[43:51.520 --> 43:59.520]  Here's my radio. I call it numbers 512-646-1984.
[43:59.520 --> 44:03.520]  Are you the plaintiff or defendant in a lawsuit?
[44:03.520 --> 44:06.520]  Win your case without an attorney with jurisdictionary.
[44:06.520 --> 44:14.520]  The affordable, easy to understand four CD course that will show you how in 24 hours, step by step.
[44:14.520 --> 44:18.520]  If you have a lawyer, know what your lawyer should be doing.
[44:18.520 --> 44:22.520]  If you don't have a lawyer, know what you should do for yourself.
[44:22.520 --> 44:27.520]  Thousands have won with our step by step course, and now you can too.
[44:27.520 --> 44:33.520]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[44:33.520 --> 44:38.520]  Even if you're not in a lawsuit, you can learn what everyone should understand
[44:38.520 --> 44:42.520]  about the principles and practices that control our American courts.
[44:42.520 --> 44:47.520]  You'll receive our audio classroom, video seminar, tutorials,
[44:47.520 --> 44:51.520]  forms for civil cases, prosay tactics, and much more.
[44:51.520 --> 44:55.520]  Please visit ruleoflawradio.com and click on the banner.
[44:55.520 --> 45:00.520]  Or call toll-free 866-LAW-EZ.
[45:00.520 --> 45:05.520]  The Oklahoma City Bombing. Top 10 reasons to question the official story.
[45:05.520 --> 45:09.520]  Reason number one, John Doe number two, and other accomplices.
[45:09.520 --> 45:13.520]  On the day of the bombing, nearly all of the witnesses that saw Tim McBae and the writer Chuck
[45:13.520 --> 45:17.520]  report that he was accompanied by other perpetrators.
[45:17.520 --> 45:20.520]  The FBI and federal prosecutors insist that Tim McBae alone
[45:20.520 --> 45:24.520]  delivered the writer truck bomb to the Murrah building and detonated it.
[45:24.520 --> 45:28.520]  The only witness the government produced to place McBae at the building that morning,
[45:28.520 --> 45:32.520]  Dana Bradley, who lost her children and one of her legs in the bombing,
[45:32.520 --> 45:38.520]  testified that she saw McBae with another man, the fable John Doe number two, exiting the writer truck.
[45:38.520 --> 45:43.520]  While at least 15 other witnesses claim to have seen McBae with other perpetrators the day of the bombing,
[45:43.520 --> 45:50.520]  no less than 226 witnesses placed him with other men in the days before the bombing,
[45:50.520 --> 45:53.520]  including when he rented the writer truck, and in some cases,
[45:53.520 --> 45:56.520]  have positively identified the other perpetrators.
[45:56.520 --> 46:13.520]  For more information, please visit okcbombingtruth.com.
[46:13.520 --> 46:40.520]  I suppose we are back. This is rule of law radio. All in number is 5126-1984.
[46:40.520 --> 46:45.520]  We do have a couple of callers on the line. We are talking to Tony in Illinois.
[46:45.520 --> 46:49.520]  He is talking about trial by declaration in California,
[46:49.520 --> 46:54.520]  and Randy was all head up to figure out what this is.
[46:54.520 --> 46:56.520]  All right, Tony, go ahead.
[46:56.520 --> 47:01.520]  All right. Yeah, I've spoken about this before on the show.
[47:01.520 --> 47:06.520]  First, it's important to note that as Eddie has said many times,
[47:06.520 --> 47:11.520]  it's important to read your vehicle code, or if you get a ticket,
[47:11.520 --> 47:16.520]  probably better to do it in advance instead of waiting until you actually get one.
[47:16.520 --> 47:23.520]  Like I said, I just did this out of curiosity, but this is a few things that I was able to pick up.
[47:23.520 --> 47:30.520]  You can do a trial by declaration under 40902 of the vehicle code in California.
[47:30.520 --> 47:34.520]  You post bond. Sometimes you can get it waived if you ask the clerk.
[47:34.520 --> 47:37.520]  You do it with TR-205. That's the form.
[47:37.520 --> 47:39.520]  TR-205.
[47:39.520 --> 47:41.520]  Now, if you...
[47:41.520 --> 47:44.520]  What does that have to do with trial by declaration?
[47:44.520 --> 47:48.520]  On this form, you make your case, you could just put, not guilty,
[47:48.520 --> 47:54.520]  and if the cop doesn't respond himself, then you automatically win.
[47:54.520 --> 47:56.520]  But if he does respond...
[47:56.520 --> 47:59.520]  Whoa, hold on there.
[47:59.520 --> 48:03.520]  The police officer responds?
[48:03.520 --> 48:08.520]  How the heck does he do that? This is a municipality.
[48:08.520 --> 48:14.520]  Or if it's a county or a municipality, it's a corporation.
[48:14.520 --> 48:17.520]  Well, whenever I've seen anything...
[48:17.520 --> 48:19.520]  Well, no, they'll be charging under a state law.
[48:19.520 --> 48:22.520]  So again, it'll be the state that's going against you.
[48:22.520 --> 48:26.520]  Or in this case, in California, it's the people of California versus.
[48:26.520 --> 48:35.520]  Well, my point is, it seems like the police officer is being put in the position of the prosecutor.
[48:35.520 --> 48:43.520]  Well, from what I've read and heard, that often is the case.
[48:43.520 --> 48:47.520]  They don't even have the DA there.
[48:47.520 --> 48:51.520]  It's just you against the cop in the courtroom with the judge.
[48:51.520 --> 48:57.520]  Now, I may be mistaken now, but from what I've gathered, when people show up to court for these tickets,
[48:57.520 --> 49:00.520]  sometimes they just have the cop there.
[49:00.520 --> 49:05.520]  Well, the cop cannot act as the prosecutor.
[49:05.520 --> 49:06.520]  Right.
[49:06.520 --> 49:09.520]  We were sitting in court one day here in Austin.
[49:09.520 --> 49:15.520]  I live in California, so I may be given the wrong information in this instance.
[49:15.520 --> 49:20.520]  No, I think you're right. You're talking about what they're doing.
[49:20.520 --> 49:25.520]  I'm just wondering how they're getting there.
[49:25.520 --> 49:37.520]  You know, if it's like a municipality, municipalities, corporation, it has to be represented by an attorney.
[49:37.520 --> 49:41.520]  Any fiction, any legal fiction has to be represented by an attorney.
[49:41.520 --> 49:44.520]  This is what I'm talking about. Consistency.
[49:44.520 --> 49:45.520]  Yeah.
[49:45.520 --> 49:47.520]  How does the thing is not.
[49:47.520 --> 49:56.520]  The policeman in this case becomes the accuser and the prosecutor.
[49:56.520 --> 50:02.520]  We fought a revolution to stop that sort of thing.
[50:02.520 --> 50:11.520]  Yeah, I don't know if they make their case and make the police officer make this case and writing and then and then the district attorney signs off often.
[50:11.520 --> 50:14.520]  That's what's presented to the judge. Maybe that's how it's okay.
[50:14.520 --> 50:17.520]  Yeah, that would work as long as the.
[50:17.520 --> 50:24.520]  Okay, this is all in writing so the police officer is not actually in the courtroom actively testifying.
[50:24.520 --> 50:26.520]  And there's more to this.
[50:26.520 --> 50:29.520]  So the judge, you know, we're basically reviews both sides.
[50:29.520 --> 50:34.520]  And if you just put not guilty and the and the and the cops actually respond, you're probably going to lose.
[50:34.520 --> 50:39.520]  But you can also make your case, whatever, you know,
[50:39.520 --> 50:46.520]  right to travel. I don't know. I don't know if that would work in a trauma declaration, but but there are other other things as well.
[50:46.520 --> 50:55.520]  For example, on these on the red light tickets, you can go to highway robbery dot net highway robbery dot net.
[50:55.520 --> 51:00.520]  And you can you can learn some ways to go against these red light cameras.
[51:00.520 --> 51:14.520]  For example, vehicle code section 21455.7 says the yellow lights cannot be shorter than those provided in the Caltrans traffic manual.
[51:14.520 --> 51:22.520]  And then then it has a table of all the times associated with the prima facie posted speed.
[51:22.520 --> 51:30.520]  For example, 40 miles per hour, the minimum yellow light interval is 3.9 seconds.
[51:30.520 --> 51:39.520]  So if if you go and time time the light and it's shorter than that, then you can you can make that as part of your case.
[51:39.520 --> 51:42.520]  I don't really know what you would say in a cell phone ticket.
[51:42.520 --> 51:51.520]  But like on a speeding ticket, I know speeding traps are legal under 40802 of the vehicle code.
[51:51.520 --> 51:56.520]  Well, you'd say the same thing here in Texas, not in transportation.
[51:56.520 --> 52:03.520]  Hold on. Hold on. You said speed trap. What does that mean?
[52:03.520 --> 52:20.520]  I think in California that means if the if the prima facie speed limit is lower than that prescribed in the engineering survey and you would have to get the engineering survey.
[52:20.520 --> 52:24.520]  Beautiful. Great answer.
[52:24.520 --> 52:34.520]  But back to the trial by declaration, if you do lose the trial by declaration, you're entitled to a trial de novo if you request.
[52:34.520 --> 52:36.520]  They have to give it to you.
[52:36.520 --> 52:45.520]  Okay, where is the trial de novo? Is the trial de novo in the JP or municipal court or is it in the county?
[52:45.520 --> 52:56.520]  Well, I couldn't tell you that much, but you guess that would seem like if you lose if you lose the trial by declaration.
[52:56.520 --> 53:02.520]  So it's kind of a why not kind of thing with this trial by declaration.
[53:02.520 --> 53:09.520]  I mean, it's kind of like you don't have to show, but if you just you just put like I said, you just put not guilty.
[53:09.520 --> 53:18.520]  And if they don't respond and apparently that happened, that often happened. A lot of people don't even know about this trial by declaration.
[53:18.520 --> 53:27.520]  But you're probably exactly right because 90, probably 95% of the people who get tickets never oppose them.
[53:27.520 --> 53:31.520]  Right. And I want to prefer to go to traffic school.
[53:31.520 --> 53:36.520]  I mean, that's another thing that people in California or in California look into.
[53:36.520 --> 53:46.520]  But back to the trial de novo, you have to request that within 20 days, I believe, after the verdict of the trial by declaration.
[53:46.520 --> 53:51.520]  And the form for that is PR-220.
[53:51.520 --> 54:09.520]  And that instance, if you lost the trial de novo, you would have all this information on how the cop makes this case and you can go against them when you cross-examined them in court.
[54:09.520 --> 54:12.520]  Because he's already given all this information.
[54:12.520 --> 54:36.520]  And one of the things to kind of keep in mind is, is that when a matter turns on the word of one litigant against another, the court must always accept the testimony of the accused.
[54:36.520 --> 54:42.520]  So when the accused comes in and says, I'm not guilty, I didn't do this.
[54:42.520 --> 54:48.520]  Then, and, oh, I'm sorry, I'm not straight. I'm not structuring that right.
[54:48.520 --> 54:54.520]  If the accused comes in and says, this set of facts occurred.
[54:54.520 --> 55:02.520]  And the policeman comes in and said, nah, nah, nah, that's a bunch of crap. Oh, this set of facts here occurred.
[55:02.520 --> 55:11.520]  The court is statutorily required to accept this assertions of the accused.
[55:11.520 --> 55:17.520]  Absent proof beyond the statements of the accuser.
[55:17.520 --> 55:26.520]  So if I say you did it, and you say, you know, didn't do it, the court is statutorily required to accept your word.
[55:26.520 --> 55:31.520]  Absent proof on my part.
[55:31.520 --> 55:34.520]  Okay, does this make sense?
[55:34.520 --> 55:40.520]  The state can't come in and say you did it without any proof beyond that.
[55:40.520 --> 55:52.520]  Like a policeman can come in and say, well, I tracked you on radar at this amount of this speed and in this place at this time at this speed.
[55:52.520 --> 55:56.520]  And I say, I wasn't even there.
[55:56.520 --> 55:59.520]  I actually did this in court one time.
[55:59.520 --> 56:04.520]  The officer got on the stand and testified that this was before radar.
[56:04.520 --> 56:09.520]  He said he followed me from this location to this location.
[56:09.520 --> 56:16.520]  And in that interval, I was traveling at this speed. This is what they did before radar.
[56:16.520 --> 56:20.520]  This is for all you young people who don't know how we did it then.
[56:20.520 --> 56:27.520]  And then it came my turn to testify and I said, your honor, I don't know what he's talking about.
[56:27.520 --> 56:34.520]  I pulled over on the side of the road fixing a flat and he came, this cop come up and asked me for my driver's license.
[56:34.520 --> 56:36.520]  And I told him to get lost. I'm busy here.
[56:36.520 --> 56:39.520]  If you're not going to help me fix the flat, get lost.
[56:39.520 --> 56:42.520]  And he wrote me this ticket.
[56:42.520 --> 56:47.520]  And the judge found me not guilty.
[56:47.520 --> 56:55.520]  Reason being, the officer only had his personal testimony.
[56:55.520 --> 56:59.520]  He didn't have a photograph. He didn't have a video.
[56:59.520 --> 57:02.520]  He didn't have a secondary witness.
[57:02.520 --> 57:09.520]  If he had had another witness, then that would overcome.
[57:09.520 --> 57:17.520]  The accuser makes an accusation, creates prima facia.
[57:17.520 --> 57:33.520]  The accused rebuts the accusation with a separate set of details that would overcome the prima facia evidence of the accuser.
[57:33.520 --> 57:51.520]  The court absent secondary evidence supporting the evidence given by either party is required to accept the statements of the accused.
[57:51.520 --> 57:55.520]  That is absolutely critical.
[57:55.520 --> 58:03.520]  So we can't have a policeman just coming in and saying, well, who did this? And the court accepted.
[58:03.520 --> 58:12.520]  They accepted and violated the law. Does that make sense?
[58:12.520 --> 58:14.520]  Tony, is there?
[58:14.520 --> 58:19.520]  Okay, I'm trying to get that so that we all understand that.
[58:19.520 --> 58:26.520]  If I say I didn't do it, he says I didn't do it. And I said, you have a photograph, you have a video.
[58:26.520 --> 58:29.520]  He said, no, I didn't do it.
[58:29.520 --> 58:34.520]  He said, you have a photograph, you have a video.
[58:34.520 --> 58:38.520]  Our calling number is 646.
[58:38.520 --> 58:42.520]  Sorry, 512-646-1984.
[58:42.520 --> 58:59.520]  We'll be right back.
[58:59.520 --> 59:16.520]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
[59:16.520 --> 59:37.520]  Enter the recovery version. First, this new translation is extremely faithful and accurate. But the real story is the more than 9,000 explanatory footnotes. Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the word beyond which you've ever experienced before.
[59:37.520 --> 59:53.520]  Bibles for America would like to give you a free recovery version simply for the asking. This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102.
[59:53.520 --> 01:00:00.520]  Or by ordering online at freestudybible.com. That's freestudybible.com.
[01:00:00.520 --> 01:00:15.520]  In India, survivors of the world's worst industrial accident burned effigies of two Olympic officials Friday to protest Dow Chemical sponsorship of the 2012 London Games.
[01:00:15.520 --> 01:00:33.520]  The protests were on the eve of the 27th anniversary of the disaster at Bhopal, where a Union carbide pesticide plant leaked gas, killing an estimated 15,000 people, and maiming tens of thousands more. Dow has since purchased Union carbide.
[01:00:33.520 --> 01:00:49.520]  A suicide bomber Friday attacked a NATO outpost south of Kabul, killing one person and injuring about 70. The attacker blew up his truck outside the base after being stopped at the gate. A local man was killed and many nearby buildings destroyed.
[01:00:49.520 --> 01:01:08.520]  Members of Occupy Montreal are considering legal action against the Montreal police after they were branded without their consent. Protesters arrested in a raid after handcuffing themselves with their camp's outdoor kitchen were taken to a bus where officers marked some with an ink that could only be seen under ultraviolet light.
[01:01:08.520 --> 01:01:26.520]  The American Civil Liberties Union said Friday the FBI is illegally gathering information on Muslims' political and religious affiliations. The September 11 attacks prompted the FBI to step up outreach with American Muslims and Arab Americans.
[01:01:26.520 --> 01:01:45.520]  Documents obtained by the ACLU show the FBI has been using this outreach to spy on Muslim communities that are working with the federal government. The ACLU's said FBI agents are, quote, recording social security numbers and other identifying information of people they meet.
[01:01:45.520 --> 01:02:03.520]  One agent in California recorded the political views of attendees at a Ramadan dinner noting one was, quote, very progressive and another was very western in appearance and outlook. Heavy redactions make it impossible to determine how far the spying has gone.
[01:02:03.520 --> 01:02:27.520]  Geoelectric power has revised its damage estimate of the Fukushima No. 1 reactor, one of three that suffered nuclear meltdowns after the March 11 mega quake and tsunami. After running a new simulation of the accident, the utility said fuel inside reactor No. 1 appeared to have dropped through its inner pressure vessel and into the outer containment vessel, indicating the accident was more severe than first thought.
[01:02:27.520 --> 01:02:45.520]  TEPCO wouldn't comment on the exact position of the molten fuel or on how much of it is exposed to water being pumped in to cool the reactor. More than nine months into the crisis, workers are still unable to gauge the damage directly because of dangerously high levels of radiation inside the reactor building.
[01:02:45.520 --> 01:02:54.520]  The latest assessment follows revelations the company dismissed a 2008 warning. The plant was inadequately prepared to resist a tsunami.
[01:02:54.520 --> 01:03:04.520]  For details on these stories, visit INNworld.net
[01:03:04.520 --> 01:03:19.520]  You are listening to the Rural Law Radio Network at RuralLawRadio.com. Live free speech talk radio at its best.
[01:03:19.520 --> 01:03:29.520]  Rural Law Radio Network
[01:03:50.520 --> 01:04:07.520]  Tony, I hope I haven't led you down the rabbit trail. That was an issue that I kind of felt like we had to address. Do you have anything else you want to address and questions or comments?
[01:04:07.520 --> 01:04:20.520]  Very early in the show you said a legal term that was kind of new to my ears, but I can't even remember how you said it. It was something talk maybe?
[01:04:20.520 --> 01:04:22.520]  A plea and abatement?
[01:04:22.520 --> 01:04:23.520]  No.
[01:04:23.520 --> 01:04:25.520]  Or quietam?
[01:04:25.520 --> 01:04:27.520]  Quietam, okay.
[01:04:27.520 --> 01:04:31.520]  No, that's not what it was. It was something else.
[01:04:31.520 --> 01:04:33.520]  Not pro talk?
[01:04:33.520 --> 01:04:35.520]  Yeah, that.
[01:04:35.520 --> 01:05:00.520]  Okay, not pro talk. If I filed a document with the court and I screw up, I say I'm an attorney and I've got half a dozen different clients and half a dozen different issues and I send the wrong motion to the wrong court.
[01:05:00.520 --> 01:05:16.520]  Then I go in with a rid of error. Or if I say I'm putting in the plaintiffs and the defendants and I give juxtaposed, I can file a rid of error.
[01:05:16.520 --> 01:05:20.520]  I can say, oops, I made a boo boo.
[01:05:20.520 --> 01:05:25.520]  And the courts are real receptive to that kind of thing.
[01:05:25.520 --> 01:05:33.520]  And then I can look at one and say, oh, look at this. The other side made a boo boo.
[01:05:33.520 --> 01:05:41.520]  If the other side made a boo boo, I don't file a rid of error because I didn't make an error. I filed an unspore talk.
[01:05:41.520 --> 01:05:59.520]  An unspore talk says the other guy screwed up. I'm not going to ask you to throw this thing in the trash. You know, it's obvious this guy called me the defendant and in the plaintiff when I was the plaintiff and they were the defendants.
[01:05:59.520 --> 01:06:12.520]  So they just made an error in their pleading. And I call this an unspore talk. The other guy screwed up and asked the court to direct them to go in and correct their error.
[01:06:12.520 --> 01:06:16.520]  That's the difference between a rid of error and a unspore talk.
[01:06:16.520 --> 01:06:18.520]  How do you spell that?
[01:06:18.520 --> 01:06:30.520]  N-U-N-C, space, P-R-O, space, T-U-N-C.
[01:06:30.520 --> 01:06:33.520]  I think I got that right.
[01:06:33.520 --> 01:06:40.520]  I think the commandment you were speaking of earlier is that she'll not murder. That she'll not kill.
[01:06:40.520 --> 01:06:48.520]  Oh, I think the, it depends on the, well, murder and kill are two different things.
[01:06:48.520 --> 01:06:50.520]  Right. That's what I was making up for.
[01:06:50.520 --> 01:07:01.520]  Murder is a specific way of killing. I can't kill you on purpose or even by mistake.
[01:07:01.520 --> 01:07:04.520]  Accept yourself to Sam.
[01:07:04.520 --> 01:07:13.520]  Accept it. No, that's not by, oh, no, that's not what the Bible says. It doesn't say accept himself to friends.
[01:07:13.520 --> 01:07:16.520]  Well, that's true. Turn the other cheek and all that.
[01:07:16.520 --> 01:07:18.520]  Pardon me?
[01:07:18.520 --> 01:07:20.520]  I said turn the other cheek and all that.
[01:07:20.520 --> 01:07:27.520]  Yeah. Therefore, when they'll look, if a man smithy on their right cheek, turn him to him the other also.
[01:07:27.520 --> 01:07:33.520]  If a man compeleth he at that cloak, give him also that coat.
[01:07:33.520 --> 01:07:42.520]  Yeah, but you also forget that God did lead his own people in the battle in the form of armies to conquer other nations.
[01:07:42.520 --> 01:07:58.520]  Okay, okay. You led me here. While I was in jail, one of the jailers, Ken McClure.
[01:07:58.520 --> 01:08:03.520]  This guy used to be the bailiff for the county court.
[01:08:03.520 --> 01:08:08.520]  And I'd like to consider myself a good judge of character.
[01:08:08.520 --> 01:08:21.520]  The first time I walked into the county court, this bailiff was standing there and I took one look at him and I said to myself, self, do not screw with this guy.
[01:08:21.520 --> 01:08:28.520]  This guy knows who he is. He knows what he is and he will kick your behind.
[01:08:28.520 --> 01:08:33.520]  And later I got to know him better.
[01:08:33.520 --> 01:08:45.520]  The way I got to know him as I crawled down his throat several times and he always handled himself as a consummate professional.
[01:08:45.520 --> 01:08:50.520]  I came to a high degree of respect for this individual.
[01:08:50.520 --> 01:08:58.520]  When I was thrown in jail, he had quit being a bailiff and was a jailer in the jail.
[01:08:58.520 --> 01:09:05.520]  And he brought me a copy of the Bible because I needed something to read all the time.
[01:09:05.520 --> 01:09:09.520]  It made me crazy if I didn't have something to read. I'd read three books a day.
[01:09:09.520 --> 01:09:30.520]  So he brought me a copy of the Bible and I read Genesis and I came to understand why the people in the Middle East, the Arabs, the Syrians, everybody hates the Jews.
[01:09:30.520 --> 01:09:44.520]  And it made sense. In that time, when there were all, it wasn't really such an organized community, it was more tribes.
[01:09:44.520 --> 01:09:59.520]  They were all tribal. Everybody belonged to a specific tribe and when one tribe would conquer another tribe, they tended to kill all of the combatants, all the warriors.
[01:09:59.520 --> 01:10:03.520]  They didn't take the women and children as slaves.
[01:10:03.520 --> 01:10:17.520]  But when the Jews were cast out or were allowed to leave Egypt, after the 40 years wandering in the wilderness, I think the first place they went into was Canaan.
[01:10:17.520 --> 01:10:32.520]  They went in and killed everybody, women, children, everybody. They destroyed everything.
[01:10:32.520 --> 01:10:44.520]  Holy mackerel. I've read the Bible here and I'm thinking, Holy mackerel, these are mean dudes.
[01:10:44.520 --> 01:10:59.520]  I'm not sure why I got here, but the Jews were really tough. They cut nobody in slack.
[01:10:59.520 --> 01:11:02.520]  Tony, why did I go here?
[01:11:02.520 --> 01:11:05.520]  I don't know, but I'm not going to comment on all that. I don't want to get...
[01:11:05.520 --> 01:11:16.520]  Let's go away from that. I had a real good reason to go there. The stuff I'm getting old is annoying. Sometimes I lose my place. I had a real good reason to go there.
[01:11:16.520 --> 01:11:25.520]  Trying to frame it in a way that I didn't offend anyone, I kind of lost track of where it was at.
[01:11:25.520 --> 01:11:29.520]  I'll just do a few quick things and then get out of everybody's way.
[01:11:29.520 --> 01:11:35.520]  I've got a contact number for Michael Brown. I'll email that to you.
[01:11:35.520 --> 01:11:43.520]  Michael Brown used to do pro se work. We spoke a couple of weeks ago about him.
[01:11:43.520 --> 01:11:48.520]  He's got a seminar on YouTube. Erwin Ronald School of Law.
[01:11:48.520 --> 01:11:51.520]  Oh, okay, okay. Kind of vaguely remember that.
[01:11:51.520 --> 01:11:59.520]  I'll send that to you anyway. Eddie, on Monday, if you get a chance, can you enumerate the...
[01:11:59.520 --> 01:12:04.520]  You said there's a minimum of five due process violations when you get pulled over.
[01:12:04.520 --> 01:12:09.520]  Can you enumerate those on Monday or whenever you get a chance?
[01:12:09.520 --> 01:12:11.520]  Sure.
[01:12:11.520 --> 01:12:31.520]  And also speak about the power of a county sheriff, especially in regards to any federal agent and coaching into his county.
[01:12:31.520 --> 01:12:33.520]  All right, I can do that.
[01:12:33.520 --> 01:12:34.520]  I'm getting at. You know what I'm getting at?
[01:12:34.520 --> 01:12:36.520]  Yes, sir. Yes, I do.
[01:12:36.520 --> 01:12:39.520]  Okay. All right, thanks guys.
[01:12:39.520 --> 01:12:43.520]  All right, have a good night. Tony, thanks for calling in.
[01:12:43.520 --> 01:12:47.520]  All right, folks, that's it. The caller board is empty at the moment.
[01:12:47.520 --> 01:12:53.520]  Okay, okay. I'm annoyed. I don't generally lose my place this bad.
[01:12:53.520 --> 01:12:57.520]  I was talking about Tommy, about Ken McClure.
[01:12:57.520 --> 01:13:01.520]  Eddie, where did I lose my place?
[01:13:01.520 --> 01:13:03.520]  Where did you lose your place?
[01:13:03.520 --> 01:13:10.520]  Oh man, this stuff getting old is annoying. I don't generally lose my place this bad.
[01:13:10.520 --> 01:13:14.520]  Yeah, well, you're kind of asking me to update history for you, right?
[01:13:14.520 --> 01:13:19.520]  Okay, okay. Anyway, okay, we don't have any more callers.
[01:13:19.520 --> 01:13:23.520]  We were talking about foreclosure earlier.
[01:13:23.520 --> 01:13:29.520]  And I've been doing a lot of work in this area.
[01:13:29.520 --> 01:13:34.520]  And, you know, we've been doing this a couple of years.
[01:13:34.520 --> 01:13:39.520]  And when we started out, the, everywhere, everything we did,
[01:13:39.520 --> 01:13:45.520]  the courts ruled against us out of hand at every turn.
[01:13:45.520 --> 01:13:58.520]  And we crafted a tool to help people even when everything seemed to be against them.
[01:13:58.520 --> 01:14:03.520]  Well, that's because I'm essentially an engineer.
[01:14:03.520 --> 01:14:09.520]  And as an engineer, I don't pass judgment on parameters.
[01:14:09.520 --> 01:14:16.520]  Parameters are parameters. We had Dr. Vithon last week.
[01:14:16.520 --> 01:14:27.520]  And he talked about measurements, about inches being inches, always inches.
[01:14:27.520 --> 01:14:33.520]  As an engineer, I don't have an opinion about inches. They just are what they are.
[01:14:33.520 --> 01:14:41.520]  And when we looked at the foreclosure issue and addressing them in the courts,
[01:14:41.520 --> 01:14:47.520]  the courts, you know, when we started, the courts would rule against us out of hand at every turn
[01:14:47.520 --> 01:14:51.520]  because we were acting prosaic.
[01:14:51.520 --> 01:14:59.520]  And we encouraged, you know, we helped people to act prosaic because the attorneys wanted so much money
[01:14:59.520 --> 01:15:06.520]  that if the person had enough to pay the attorney, they would have had enough to pay their mortgage
[01:15:06.520 --> 01:15:10.520]  and they wouldn't be in this place to start with.
[01:15:10.520 --> 01:15:18.520]  So we tried to look at the conditions that exist without casting,
[01:15:18.520 --> 01:15:31.520]  casting judgment on them. And we developed a methodology to buy the individual's time
[01:15:31.520 --> 01:15:36.520]  even when everybody's going to rule against you out of hand at every turn.
[01:15:36.520 --> 01:15:40.520]  That was what, two, two and a half years ago.
[01:15:40.520 --> 01:15:47.520]  And even back then, we predicted what we believed would happen.
[01:15:47.520 --> 01:15:52.520]  And frankly, that's exactly what's happened in space.
[01:15:52.520 --> 01:15:59.520]  And the reason I'm going here is if you have a mortgage and if you're struggling to pay the mortgage
[01:15:59.520 --> 01:16:09.520]  and you entered into that mortgage agreement with the sometimes after, say, the year 2000,
[01:16:09.520 --> 01:16:15.520]  you can be sure that you were subjected to major fraud.
[01:16:15.520 --> 01:16:21.520]  Fraud on a level so endemic that it was institutionalized.
[01:16:21.520 --> 01:16:29.520]  So pervasive that the people doing it for the most part thought this is how you actually do things.
[01:16:29.520 --> 01:16:35.520]  Nobody raised an objection. They were trained to do it this way. They thought it was the right way.
[01:16:35.520 --> 01:16:44.520]  When I come back, we'll talk about the nature of the fraud and how things have changed since we started out.
[01:16:44.520 --> 01:16:50.520]  With these procedures and how you can use them to achieve remedies.
[01:16:50.520 --> 01:16:54.520]  This is Randy Cheltman, David Stevens and Craig with my radio.
[01:16:54.520 --> 01:16:59.520]  We'll be right back on the other side.
[01:16:59.520 --> 01:17:05.520]  Capital Corn & Bullion is a family owned and operated business that has helped many families and friends
[01:17:05.520 --> 01:17:09.520]  in protecting their assets. And we would like to do the same for you.
[01:17:09.520 --> 01:17:14.520]  In addition to coins and bullion, we now offer Patriot safe ammunition,
[01:17:14.520 --> 01:17:19.520]  Berkey water products, gift certificates, wristbands and our new silver pool.
[01:17:19.520 --> 01:17:23.520]  A new way to guarantee silver by prepaying at a locked price.
[01:17:23.520 --> 01:17:32.520]  We can even help you set up a metals IRA account. Call us at 512-646-6440 for more details.
[01:17:32.520 --> 01:17:39.520]  As always, we buy, sell and trade precious metals and cater to those with all sizes of coin collections.
[01:17:39.520 --> 01:17:45.520]  We're located at 7304 Burnett Road, Suite A, about a half a mile north of Canig,
[01:17:45.520 --> 01:17:49.520]  next to the Ikiban Sushi and the Genie Car Wash.
[01:17:49.520 --> 01:17:53.520]  We're open Monday through Friday 10-6, Saturdays 10-5.
[01:17:53.520 --> 01:18:00.520]  Visit us at CapitalCornandBullion.com or call 512-646-6440.
[01:18:00.520 --> 01:18:02.520]  That's been the problem with phone companies.
[01:18:02.520 --> 01:18:08.520]  High prices and contracts that lock you in for two years minimum, not FreedomTelephones.com.
[01:18:08.520 --> 01:18:14.520]  Freedom Telephones are designed around the concept and reality of patriotism, loyalty and privacy.
[01:18:14.520 --> 01:18:20.520]  With FreedomTelephones.com, there are no contracts, no credit checks and no social security numbers required.
[01:18:20.520 --> 01:18:23.520]  That's why our name is FreedomTelephones.com.
[01:18:23.520 --> 01:18:30.520]  Finally, residential, mobile and business telephones and plans that are private and never lock you into a long-term contract.
[01:18:30.520 --> 01:18:37.520]  Want a low price? Residential and business plans started only $14.99 and mobile plans started just $39.99.
[01:18:37.520 --> 01:18:42.520]  Plus, every month you pay your bill, FreedomTelephones.com contributes to your favorite programs.
[01:18:42.520 --> 01:18:51.520]  Don't wait. Support the cause and get the highest quality and the lowest prices by calling 1-800-600-5553.
[01:18:51.520 --> 01:18:59.520]  That's 800-600-5553. FreedomTelephones.com. Portable, private, perfect.
[01:19:22.520 --> 01:19:32.520]  If I can get everything I want, we're gonna raise you.
[01:19:32.520 --> 01:19:43.520]  If I can get everything I need, we're gonna raise you.
[01:19:43.520 --> 01:19:54.520]  If I can get everything I need, we're gonna raise you.
[01:19:54.520 --> 01:19:58.520]  If I can get everything I need, we're gonna raise you.
[01:19:58.520 --> 01:20:02.520]  If I can get everything I need, we're gonna raise you.
[01:20:02.520 --> 01:20:06.520]  Hi folks, we are back. This is his rule of law radio.
[01:20:06.520 --> 01:20:14.520]  We have about 45 minutes left in the show. Call in number is 512-646-1984.
[01:20:14.520 --> 01:20:19.520]  Right now we have Stephen in Texas. Stephen, what can we do for you?
[01:20:19.520 --> 01:20:26.520]  Yes, sir. Give me just a second. Take the thing off speaker. I apologize.
[01:20:26.520 --> 01:20:28.520]  Okay, go ahead.
[01:20:28.520 --> 01:20:32.520]  You don't sound too bad. You just sound kind of ringing.
[01:20:32.520 --> 01:20:34.520]  I'm sorry. Can you hear me now?
[01:20:34.520 --> 01:20:36.520]  Yes. Can you hear me?
[01:20:36.520 --> 01:20:41.520]  My apologies. Gentlemen, I was trying to inquire on a couple of things.
[01:20:41.520 --> 01:20:48.520]  I guess one of them actually popped in my head even over and above anything, which is...
[01:20:48.520 --> 01:20:55.520]  Eddie, in dealing with the transportation stuff I've been learning from you,
[01:20:55.520 --> 01:21:01.520]  and I've heard you mention, in its obvious, we should have the right to travel freely.
[01:21:01.520 --> 01:21:09.520]  Is that expressed, written anywhere, or is it merely implied in life, liberty, and the pursuit of happiness?
[01:21:09.520 --> 01:21:16.520]  Well, the high court cases on the subject say it is an inherent part of the right of liberty.
[01:21:16.520 --> 01:21:22.520]  Locomotion is a necessary and inherent part of the right of liberty.
[01:21:22.520 --> 01:21:28.520]  What good is liberty if you're not allowed to move from place to place through your own women means?
[01:21:28.520 --> 01:21:31.520]  Right, and freely.
[01:21:31.520 --> 01:21:33.520]  Okay. Got you.
[01:21:33.520 --> 01:21:37.520]  And that's just something I was like, well, do I go back something in the court,
[01:21:37.520 --> 01:21:40.520]  or something as a declaration of independence?
[01:21:40.520 --> 01:21:43.520]  It's one of those natural things that we ought to...
[01:21:43.520 --> 01:21:47.520]  We should obviously be able to do freely.
[01:21:47.520 --> 01:21:53.520]  And something also along that line that in one of these shows,
[01:21:53.520 --> 01:22:01.520]  you know, we're talking about, you know, you shouldn't have to pay a tax on private property.
[01:22:01.520 --> 01:22:06.520]  And when I started reading into the Texas Constitution, which I've kind of opened my eyes to,
[01:22:06.520 --> 01:22:11.520]  hey, let's actually read these documents, and I get in there, and I dig, and well,
[01:22:11.520 --> 01:22:15.520]  property, I mean, personal property can be taxed.
[01:22:15.520 --> 01:22:19.520]  And then I learned that there's a difference between personal and private property.
[01:22:19.520 --> 01:22:24.520]  But where does it ever expressly say that I shouldn't be able to,
[01:22:24.520 --> 01:22:30.520]  or, again, is it impeding on my opportunity to ever own anything if I pay a tax on it?
[01:22:30.520 --> 01:22:35.520]  Okay, again, it's the power of one individual over another.
[01:22:35.520 --> 01:22:39.520]  None of the people of Texas or any of the other states, for that matter,
[01:22:39.520 --> 01:22:45.520]  have an inherent right or authority to take away the rights of any other person.
[01:22:45.520 --> 01:22:51.520]  That's exactly why the Founding Fathers refused to set us up as democracies
[01:22:51.520 --> 01:22:56.520]  and insisted that we be independent republics.
[01:22:56.520 --> 01:22:59.520]  The difference here is, is majority rule.
[01:22:59.520 --> 01:23:03.520]  A democracy is mob rule, no matter how you slice it.
[01:23:03.520 --> 01:23:07.520]  The majority vote wins over anything else.
[01:23:07.520 --> 01:23:13.520]  So in a democracy, a single individual's rights can be taken away simply because
[01:23:13.520 --> 01:23:16.520]  he's outnumbered in the vote.
[01:23:16.520 --> 01:23:19.520]  In a republic, that cannot happen.
[01:23:19.520 --> 01:23:25.520]  You can't take away any right I possess, whether it's enumerated or unenumerated
[01:23:25.520 --> 01:23:30.520]  in the Constitution, one, because the Constitution didn't grant me any rights.
[01:23:30.520 --> 01:23:34.520]  I had them before the Constitution ever came along.
[01:23:34.520 --> 01:23:39.520]  Two, the Constitution is not set up to limit any right of the people.
[01:23:39.520 --> 01:23:44.520]  It is specifically created to establish, define, and assign
[01:23:44.520 --> 01:23:50.520]  the powers and limitations of government, not the people.
[01:23:50.520 --> 01:23:56.520]  That being said, the people cannot delegate an authority to their legislature.
[01:23:56.520 --> 01:23:59.520]  They themselves do not possess.
[01:23:59.520 --> 01:24:05.520]  If 10 of your neighbors cannot get together and vote to make you pay a tax on your property
[01:24:05.520 --> 01:24:10.520]  so they can build a bridge across the creek downtown,
[01:24:10.520 --> 01:24:15.520]  then your legislature can't be delegated a power to do that either
[01:24:15.520 --> 01:24:19.520]  because there's no one to delegate it to them.
[01:24:19.520 --> 01:24:25.520]  It is simply not a power that any individual in the state possesses
[01:24:25.520 --> 01:24:28.520]  over any other individual.
[01:24:28.520 --> 01:24:31.520]  When it comes to private property,
[01:24:31.520 --> 01:24:35.520]  anything we do in that regard must be voluntary.
[01:24:35.520 --> 01:24:38.520]  Otherwise, it's not our property.
[01:24:38.520 --> 01:24:43.520]  If I can be compelled to pay rent on something I own, then do I truly own it?
[01:24:43.520 --> 01:24:45.520]  No.
[01:24:45.520 --> 01:24:49.520]  If I refuse to pay the rent and they can take it away from me
[01:24:49.520 --> 01:24:53.520]  through some legislative enactment, do I truly own it?
[01:24:53.520 --> 01:24:56.520]  No.
[01:24:56.520 --> 01:25:02.520]  So it is definitely inferred as well as, in my eyes,
[01:25:02.520 --> 01:25:06.520]  completely explicit in the fact that what's mine is mine.
[01:25:06.520 --> 01:25:12.520]  Keep your nappy hands off.
[01:25:12.520 --> 01:25:19.520]  Again, this goes back to getting my mind around the initial concept.
[01:25:19.520 --> 01:25:26.520]  Like you said, you're at the constitutional setup to limit powers to the government.
[01:25:26.520 --> 01:25:30.520]  It takes a little bit of talking to other people who've been in that mindset
[01:25:30.520 --> 01:25:36.520]  longer than I have to, unfortunately, get the right face to even stand on.
[01:25:36.520 --> 01:25:39.520]  I appreciate that.
[01:25:39.520 --> 01:25:46.520]  I wanted to ask you to send me a copy of your traffic stop material.
[01:25:46.520 --> 01:25:50.520]  And after reading for a while, and in the beginning,
[01:25:50.520 --> 01:25:55.520]  it states that, well, I don't have it correctly in front of me,
[01:25:55.520 --> 01:25:59.520]  but the part where it states in the very beginning as the affian
[01:25:59.520 --> 01:26:06.520]  has never been a citizen resident, then goes on down a big chain of line of stuff there.
[01:26:06.520 --> 01:26:11.520]  But unfortunately, I've been claiming I was a U.S. citizen for a long time,
[01:26:11.520 --> 01:26:14.520]  either winningly or unwittingly.
[01:26:14.520 --> 01:26:19.520]  Well, I am of the firm belief, anything you can volunteer into,
[01:26:19.520 --> 01:26:23.520]  you can volunteer out of.
[01:26:23.520 --> 01:26:28.520]  This is exactly the problem with the Supreme Court's interpretation
[01:26:28.520 --> 01:26:33.520]  of the perpetual union clause of the federal constitution.
[01:26:33.520 --> 01:26:41.520]  If a state can join by agreement, it can leave by agreement.
[01:26:41.520 --> 01:26:47.520]  So this idea that the Fed has the power to force a state to remain a state
[01:26:47.520 --> 01:26:54.520]  or to even become one is ludicrous.
[01:26:54.520 --> 01:26:58.520]  You can't claim that the states are sovereign from the federal government
[01:26:58.520 --> 01:27:01.520]  under the 10th Amendment and then turn around and say,
[01:27:01.520 --> 01:27:03.520]  but you don't have the right to leave the union,
[01:27:03.520 --> 01:27:10.520]  even if we're screwing you over, you don't have the right to leave, baloney.
[01:27:10.520 --> 01:27:15.520]  There again, I didn't have my concept around the volunteering fact,
[01:27:15.520 --> 01:27:17.520]  even though I've heard it mentioned that.
[01:27:17.520 --> 01:27:20.520]  My biggest problem with not taking much action on anything
[01:27:20.520 --> 01:27:25.520]  that I've began to learn in the past four or five months
[01:27:25.520 --> 01:27:28.520]  and broader concepts in the previous year,
[01:27:28.520 --> 01:27:31.520]  since I've really started to been waking up,
[01:27:31.520 --> 01:27:34.520]  is I'm afraid I'm going to slip in.
[01:27:34.520 --> 01:27:36.520]  I don't have a very good grasp of,
[01:27:36.520 --> 01:27:40.520]  and here I am asking what seems like elementary questions.
[01:27:40.520 --> 01:27:42.520]  Oh, that's okay.
[01:27:42.520 --> 01:27:44.520]  Everybody's got to start somewhere.
[01:27:44.520 --> 01:27:46.520]  Nobody woke up overnight,
[01:27:46.520 --> 01:27:51.520]  and those that did usually went into shock and died the next day.
[01:27:51.520 --> 01:27:53.520]  I can understand that,
[01:27:53.520 --> 01:27:57.520]  but I've learned enough to get fired up
[01:27:57.520 --> 01:27:59.520]  and get into some arguments,
[01:27:59.520 --> 01:28:03.520]  and I guess the water cooler talking whatever at the office
[01:28:03.520 --> 01:28:06.520]  is they'll find something and say,
[01:28:06.520 --> 01:28:08.520]  hey, Steve, what do you think about this?
[01:28:08.520 --> 01:28:12.520]  Boy, they'll get an earful of why people didn't have the authority
[01:28:12.520 --> 01:28:13.520]  to do this or that,
[01:28:13.520 --> 01:28:15.520]  they're in the first place and why I'm anyway.
[01:28:15.520 --> 01:28:17.520]  I'm starting to learn.
[01:28:17.520 --> 01:28:20.520]  I've been, I've said it's just a matter of directing it
[01:28:20.520 --> 01:28:26.520]  and learning how I can hone that in the legal means
[01:28:26.520 --> 01:28:28.520]  that I didn't even know were available,
[01:28:28.520 --> 01:28:30.520]  but they've been around for hundreds of years.
[01:28:30.520 --> 01:28:34.520]  I'll tell you a good measurement tool for those water cooler discussions
[01:28:34.520 --> 01:28:37.520]  to determine whether or not you're working in a liberal environment
[01:28:37.520 --> 01:28:40.520]  that will do you any good to open your mouth in the first place.
[01:28:40.520 --> 01:28:42.520]  Before you start talking,
[01:28:42.520 --> 01:28:46.520]  have everybody put their hand on the cooler jug, okay?
[01:28:46.520 --> 01:28:50.520]  If you talk for more than five minutes and the water starts to boil,
[01:28:50.520 --> 01:28:52.520]  that's a liberal office.
[01:28:52.520 --> 01:28:55.520]  Just stop. You're not reaching anybody.
[01:28:55.520 --> 01:29:01.520]  No, it's not that bad. It's pretty interesting.
[01:29:01.520 --> 01:29:04.520]  I'll tell you what, their eyes really light up as we dig it,
[01:29:04.520 --> 01:29:07.520]  as things get dug in too further.
[01:29:07.520 --> 01:29:09.520]  This guy got a speeding ticket
[01:29:09.520 --> 01:29:14.520]  or this guy had to go get a gun permit or he just bought a new gun.
[01:29:14.520 --> 01:29:17.520]  I thought, hey, why do you even have to buy a permit for something?
[01:29:17.520 --> 01:29:19.520]  That means you had to have permission to use something
[01:29:19.520 --> 01:29:22.520]  that supposedly you thought you had to write.
[01:29:22.520 --> 01:29:26.520]  Exactly, and I'm glad you're getting people's eyes to light up.
[01:29:26.520 --> 01:29:29.520]  Usually, when I start talking to them after a minute or two,
[01:29:29.520 --> 01:29:33.520]  it just says, tilt.
[01:29:33.520 --> 01:29:36.520]  Well, I hear the bright music coming up, guys.
[01:29:36.520 --> 01:29:38.520]  Yeah, Stephen, hang on just a second.
[01:29:38.520 --> 01:29:40.520]  We'll pick up with you on the other side.
[01:29:40.520 --> 01:29:42.520]  All right, folks, this is Rule of Law Radio.
[01:29:42.520 --> 01:29:44.520]  We've got about a half an hour left.
[01:29:44.520 --> 01:29:49.520]  Two more cars on the board calling numbers 512-646-1984.
[01:29:49.520 --> 01:29:52.520]  So now's the time to get in line. Do you wait past this point?
[01:29:52.520 --> 01:29:54.520]  We're not going to get you.
[01:29:54.520 --> 01:30:20.520]  We'll be right back after this break.
[01:30:24.520 --> 01:30:36.520]  The 10 Commandments are a cornerstone of Judaism, Islam, and Christianity.
[01:30:36.520 --> 01:30:40.520]  If you're an educated person, you should probably know them, regardless of your religion.
[01:30:40.520 --> 01:30:43.520]  I'm Dr. Catherine Albrecht, and I'll be right back with a tip
[01:30:43.520 --> 01:30:46.520]  to help you remember one of the 10 Commandments.
[01:30:46.520 --> 01:30:48.520]  Privacy is under attack.
[01:30:48.520 --> 01:30:51.520]  When you give up data about yourself, you'll never get it back again.
[01:30:51.520 --> 01:30:56.520]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:56.520 --> 01:31:01.520]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:31:01.520 --> 01:31:04.520]  Privacy, it's worth hanging on to.
[01:31:04.520 --> 01:31:07.520]  This public service announcement is brought to you by StartPage.com,
[01:31:07.520 --> 01:31:11.520]  the private search engine alternative to Google, Yahoo, and Bing.
[01:31:11.520 --> 01:31:15.520]  Start over with StartPage.
[01:31:15.520 --> 01:31:17.520]  Commandment number one says,
[01:31:17.520 --> 01:31:21.520]  One God only, thou shalt have no other gods before me.
[01:31:21.520 --> 01:31:25.520]  The idea of only one God was revolutionary back when Moses delivered that commandment.
[01:31:25.520 --> 01:31:31.520]  Monotheism or the worship of a single supreme God was certainly not the norm among the peoples of the Middle East.
[01:31:31.520 --> 01:31:36.520]  Many religions at that time worshiped multiple gods, and the idea of one God set the Jews apart.
[01:31:36.520 --> 01:31:39.520]  It's a cornerstone of Islam and Christianity as well.
[01:31:39.520 --> 01:31:46.520]  Of all the world's moral codes, the 10 Commandments have probably inspired more commitment and controversy than any other.
[01:31:46.520 --> 01:31:53.520]  The next time they come up in conversation, you'll be prepared by knowing that commandment number one says only one God.
[01:31:53.520 --> 01:32:19.520]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:32:23.520 --> 01:32:48.520]  We're going to go to Stephen in Texas.
[01:32:48.520 --> 01:32:52.520]  That's the same one you're holding during the break.
[01:32:52.520 --> 01:32:54.520]  Go ahead, Stephen.
[01:32:54.520 --> 01:32:59.520]  I'll wrap it up. You've got other colors real quick.
[01:32:59.520 --> 01:33:04.520]  How's your case going against Rockwall?
[01:33:04.520 --> 01:33:05.520]  Rockdale.
[01:33:05.520 --> 01:33:09.520]  Rockdale, sorry again. It's totally different, Kenny.
[01:33:09.520 --> 01:33:12.520]  Well, that one we've gone ahead and let's slide.
[01:33:12.520 --> 01:33:15.520]  Instead, we're going after the two game wardens in Nacogdoches.
[01:33:15.520 --> 01:33:18.520]  That's much more recent.
[01:33:18.520 --> 01:33:24.520]  The Rockdale, we were running short on time on, so we decided to liquidate that one and go after the game wardens.
[01:33:24.520 --> 01:33:28.520]  I mean, Rockdale dismissed the charges and everything.
[01:33:28.520 --> 01:33:35.520]  And I'm pretty sure if I ever go through there again, I'm going to be treated like I've got the plague.
[01:33:35.520 --> 01:33:40.520]  So I'm not really too worried about them right this instant.
[01:33:40.520 --> 01:33:47.520]  But those two game wardens in Nacogdoches, there's a lesson to be taught there, and that's where we're shooting for next.
[01:33:47.520 --> 01:33:56.520]  If we fail to get that one done, I guarantee you, when we get Austin to bite the hook, that one we're going to reel in.
[01:33:56.520 --> 01:34:04.520]  And last little piece, I was going to say, have you ever heard of a public service questionnaire?
[01:34:04.520 --> 01:34:11.520]  Yes, I have. And there is no way you're going to get those guys to sit down and fill out a 100-plus question anything.
[01:34:11.520 --> 01:34:16.520]  They can barely get up in the morning and read their instructions for the day.
[01:34:16.520 --> 01:34:22.520]  Yeah, and it's the questionnaire.
[01:34:22.520 --> 01:34:26.520]  The guys using those questionnaires are going to Twill.
[01:34:26.520 --> 01:34:35.520]  And Twill says that if you fail to respond when you have a duty to respond, that could be equating as fraud.
[01:34:35.520 --> 01:34:44.520]  And the problem with the questionnaire is I can find nothing that gives the officer a duty to respond.
[01:34:44.520 --> 01:34:54.520]  But let's say a more recent thing in my life was a little U.S. Census worker showed up.
[01:34:54.520 --> 01:35:00.520]  Not a little lady, and amid my frustrations that I voiced to her.
[01:35:00.520 --> 01:35:09.520]  I guess if she's working for the Census Bureau or whatever, which interestingly enough, is through the U.S. Department of Commerce.
[01:35:09.520 --> 01:35:17.520]  I don't know how my residence became in the Commerce Department, but gee, was that something that I could have forced on her?
[01:35:17.520 --> 01:35:25.520]  Whenever you answer this, do you want to play by a code? Here's a code right here. You can answer this?
[01:35:25.520 --> 01:35:33.520]  Well, as far as I know, you're not required to deal with the Census worker at all.
[01:35:33.520 --> 01:35:43.520]  You have no duty to answer any of her questions, as far as I know.
[01:35:43.520 --> 01:35:52.520]  So, you know, you can send them packing. I don't suggest you do it in a non-civil manner, as long as they're being civil.
[01:35:52.520 --> 01:36:00.520]  But as far as I know, you have no duty to respond. Now, they have a duty to go out and do this job.
[01:36:00.520 --> 01:36:12.520]  But their duty doesn't give you a duty. Just because they have a duty to ask the questions don't mean you have a duty to answer.
[01:36:12.520 --> 01:36:18.520]  And full point taken. Gentlemen, you all have a good evening. I appreciate your time.
[01:36:18.520 --> 01:36:24.520]  Yes, sir. Thanks for calling in. All right, Randy, I'm sorry. I'm obviously tromping on you a little bit here.
[01:36:24.520 --> 01:36:28.520]  Was there another caller that you wanted to go to for some reason?
[01:36:28.520 --> 01:36:32.520]  No, no. I was just... I had two Stevens and I wasn't sure if...
[01:36:32.520 --> 01:36:35.520]  Yeah, one Steven, the other Steven.
[01:36:35.520 --> 01:36:43.520]  Okay. No, no, let's just go down in line and go to Crystal in Nevada.
[01:36:43.520 --> 01:36:48.520]  Yeah, hey. I'm in Las Vegas, but I grew up in South Carolina.
[01:36:48.520 --> 01:36:58.520]  And what you were talking about earlier, there's a lot of us that still know that the so-called Civil War was really an unconstitutional invasion of the Confederate state.
[01:36:58.520 --> 01:37:03.520]  We haven't gotten over it and I've been trying to figure out how to get out from under the federal government ever since.
[01:37:03.520 --> 01:37:08.520]  What I really called about or what I said I was calling about was back to this foreclosure thing.
[01:37:08.520 --> 01:37:12.520]  I'm not in foreclosure. I'm not even under water. I don't have a problem.
[01:37:12.520 --> 01:37:21.520]  But I did ask my bank some time ago to prove to me that after I paid off this note that they have a deed, a clear deed to give me.
[01:37:21.520 --> 01:37:28.520]  And they didn't respond. What they ended up doing was sending me back my own loan papers, which doesn't... it's not the deed.
[01:37:28.520 --> 01:37:38.520]  And from what I understand, if you separate the mortgage or the deed from the loan papers, those two things create the mortgage.
[01:37:38.520 --> 01:37:47.520]  That if they're not together, you have what's called a bifurcated mortgage and the note is a nullity, according to the court case.
[01:37:47.520 --> 01:38:01.520]  Well, actually the note is not a nullity. The holder of the note has a claim against the signatory on the note, but no claim against the property.
[01:38:01.520 --> 01:38:10.520]  The holder of the lien, the deed of trust or the mortgage, has a claim against the property.
[01:38:10.520 --> 01:38:19.520]  But since they have received consideration, either that or they have no investment to start with, they can't be harmed.
[01:38:19.520 --> 01:38:22.520]  There's no duty to pay them anything.
[01:38:22.520 --> 01:38:33.520]  So while they've got this lien that they can express, if you fail to pay them what you have a duty to pay, you don't have a duty to pay.
[01:38:33.520 --> 01:38:43.520]  So the holder of the lien can't express the lien. The holder of the promissory note has a claim against the person, but not the property.
[01:38:43.520 --> 01:38:53.520]  So he can't get to the property either. That's what the landmark Picasso addressed when they said it created a fatal flaw.
[01:38:53.520 --> 01:39:03.520]  Okay. Well, do I keep paying these people? I mean, they can't. I don't want to end up with nothing at the end of the day or the end of another 10 years.
[01:39:03.520 --> 01:39:16.520]  I mean, I suggest you sue them. That's the only way to get their attention. And this is the primary suit that we filed. That's exactly where it goes to.
[01:39:16.520 --> 01:39:28.520]  It's an FDCPA suit. We say, who are you? Who are you that you claim that you have authority to collect on this promissory note?
[01:39:28.520 --> 01:39:37.520]  And do you have the authority to express this lien if I fail to respond to your demand on the promissory note?
[01:39:37.520 --> 01:39:52.520]  You have made that demand. Prove it. If you can't prove it, then you have violated Fair Debt Collections Practices Act and you've created a tort against me and you make a claim back against them.
[01:39:52.520 --> 01:40:11.520]  Is there anything I file in a court? Yeah, you have to file that in the federal court. I'm looking at something, an administrative remedy from the Administrative Procedures Act, where you send them a debt validation letter.
[01:40:11.520 --> 01:40:34.520]  And a debt validation letter invokes Fair Debt Collections Practices Act. So in terms of twill, if you have a duty to respond and you fail to respond, Fair Debt Collections Practices Act gives the debt collector a duty to respond.
[01:40:34.520 --> 01:40:41.520]  So you send them a debt validation letter, they fail to respond. You give them a black 30 days.
[01:40:41.520 --> 01:40:54.520]  The qualified written request is not what I supposed to send. Well, I sent a qualified written request. It's got another week or two pending on it.
[01:40:54.520 --> 01:41:06.520]  You know, the time frame they're supposed to answer. Okay. What was the nature of the accounting error that you claimed in the qualified written request?
[01:41:06.520 --> 01:41:14.520]  I didn't claim an accounting error. I just wanted to... Then what you sent in was not a qualified written request. Okay.
[01:41:14.520 --> 01:41:28.520]  It's a qualified written request is a term of art. It's specifically defined in the Research of the Procedures Act as a letter to the lender claiming an accounting error.
[01:41:28.520 --> 01:41:37.520]  Okay. And the claim of an accounting error invokes a duty on the part of the lender. Okay.
[01:41:37.520 --> 01:41:49.520]  Depending on what was in your document, if you ask them to prove up their claim, then it was a debt validation letter.
[01:41:49.520 --> 01:41:51.520]  Okay.
[01:41:51.520 --> 01:42:04.520]  Let me explain that. If I send a debt validation letter, it does not necessarily have to have the words debt validation in it.
[01:42:04.520 --> 01:42:19.520]  If it asks the claimant who's claiming authority to collect the debt, if it demands that they prove up their authority to collect the debt, it is a debt validation letter.
[01:42:19.520 --> 01:42:20.520]  Okay.
[01:42:20.520 --> 01:42:36.520]  If it disputes their claim, the debt validation letter needs to dispute any claim. Who are you? I don't owe you anything. You want me to pay you? Prove I owe you money. That's the debt validation letter.
[01:42:36.520 --> 01:42:37.520]  Right.
[01:42:37.520 --> 01:42:55.520]  If the qualified written request, what you called a qualified written request, didn't have the requisite to invoke the duty under a QWR, but it effectively said, who the heck are you? What authority do you have?
[01:42:55.520 --> 01:43:03.520]  Then you can consider a debt validation letter. And it has the same force and effect, whether it says that or not.
[01:43:03.520 --> 01:43:04.520]  All right.
[01:43:04.520 --> 01:43:17.520]  And that goes to these issues of the bank sending you a notice saying that it has a caveat in that it says we're a debt collector trying to collect the debt.
[01:43:17.520 --> 01:43:33.520]  And I have case law that says it makes no difference what they say. Either they are a debt collector or they are not a debt collector. Just because they put that verbiage in there doesn't necessarily make them a debt collector.
[01:43:33.520 --> 01:43:40.520]  So your pleadings and your documents are what they are without the verification.
[01:43:40.520 --> 01:43:49.520]  Hang on. We'll close up on the other side and go to some of the colleges. This is Randy Callum. Get the students. Eddie Craig. Will of the radio.
[01:43:49.520 --> 01:43:59.520]  A college number is 512-646-1984. We'll be right back.
[01:43:59.520 --> 01:44:08.520]  At hempusa.org, we offer chemical free products to people around the world detoxifying, self healing while rebuilding the immune system.
[01:44:08.520 --> 01:44:22.520]  We urge our listeners to please consider our largest selling product, micro plant powder. Our micro plant powder is rich in silica and probiotics to help rebuild the immune system and to create a healthy stomach flora.
[01:44:22.520 --> 01:44:31.520]  Micro plant powder is excellent for daily intake and is perfect to add to your storage shelter. We urge our listeners to please visit us at hempusa.org.
[01:44:31.520 --> 01:44:40.520]  And remember, all of our products are chemical free and healthy to eat. We constantly strive to give you the best service, highest quality and rapid shipping anywhere.
[01:44:40.520 --> 01:44:53.520]  And we offer free shipping on orders over $95 in the US. Please visit us at hempusa.org or call 908-6912608. That's 908-6912608.
[01:44:53.520 --> 01:45:00.520]  See what our powder, seeds and oil can do for you at hempusa.org.
[01:45:00.520 --> 01:45:14.520]  Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Jurisdictionary. The affordable, easy to understand, poor CD course that will show you how in 24 hours, step by step.
[01:45:14.520 --> 01:45:22.520]  If you have a lawyer, know what your lawyer should be doing. If you don't have a lawyer, know what you should do for yourself.
[01:45:22.520 --> 01:45:33.520]  Thousands have won with our step by step course and now you can too. Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[01:45:33.520 --> 01:45:42.520]  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.
[01:45:42.520 --> 01:45:55.520]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prosa tactics and much more. Please visit ruleoflawradio.com and click on the banner.
[01:45:55.520 --> 01:46:13.520]  Or call toll-free 866-LAW-E-Z.
[01:46:25.520 --> 01:46:54.520]  Okay, we're back. I didn't mean to get into the ground, but there are a few concepts that come up that I keep running into a lot that cause people a lot of problems.
[01:46:54.520 --> 01:47:12.520]  That's why I spent so much time on the document is what it is, regardless of what you say it is, and it must be what it is if you call it something that is not just because you call it that, it doesn't make it that.
[01:47:12.520 --> 01:47:15.520]  I hope all of that made sense.
[01:47:15.520 --> 01:47:29.520]  Now, if I'm going to institute this lawsuit, you said in Federal Court, it's a pleading, right? And I have Jurisdictionary, I just haven't looked at it in a couple of years. Would this have a particular name?
[01:47:29.520 --> 01:47:34.520]  No. Well, okay, the original pleading will be the original complaint.
[01:47:34.520 --> 01:47:36.520]  Original complaint, okay.
[01:47:36.520 --> 01:47:50.520]  Yes, okay. It's not quite that easy to file the lawsuit because you have to make sure that you adequately state a claim for which recovery can be had.
[01:47:50.520 --> 01:47:51.520]  Okay.
[01:47:51.520 --> 01:48:19.520]  And the first suit that we file is a suit based on standing and agency. And depending on who's coming at you, if you are up to date and it's a servicer that's demanding payment, then the first thing you would want to do is look in the court record and see if there is in the court record
[01:48:19.520 --> 01:48:26.520]  assignments from the original lender in an unbroken chain to the current servicer.
[01:48:26.520 --> 01:48:28.520]  Okay.
[01:48:28.520 --> 01:48:37.520]  Yeah, that would tend, if they're not there, then you claim that you don't know who this guy is.
[01:48:37.520 --> 01:48:38.520]  Okay.
[01:48:38.520 --> 01:48:52.520]  You think this is somebody who went down to the courthouse and checked the county registrar's records and looked in here and found this property and found that it had a loan against it.
[01:48:52.520 --> 01:49:00.520]  And then sent me this letter claiming that they were the assignee for the lender and you're supposed to send me the money.
[01:49:00.520 --> 01:49:01.520]  Exactly.
[01:49:01.520 --> 01:49:17.520]  Well, there could be a scam artist. You don't know if they have anything to do with the lender. You send them money and a lot of times it takes the bank six months to a year from the time you stop making payments to the time they do something.
[01:49:17.520 --> 01:49:23.520]  So you could be paying this guy six months to a year and he could be pocketing everything and you have no idea.
[01:49:23.520 --> 01:49:24.520]  Okay.
[01:49:24.520 --> 01:49:25.520]  Prove it.
[01:49:25.520 --> 01:49:32.520]  So the first thing you want is prove it. You do not admit that a loan exists.
[01:49:32.520 --> 01:49:33.520]  Right.
[01:49:33.520 --> 01:49:45.520]  Now, you personally know one exists, but you have no idea if this person is actually collecting for the one that you know exists.
[01:49:45.520 --> 01:49:46.520]  Okay.
[01:49:46.520 --> 01:49:59.520]  In law, make them prove it. If you do this and the judge says, well, do you have a loan? I do not admit that a loan exists.
[01:49:59.520 --> 01:50:01.520]  You don't give him anything.
[01:50:01.520 --> 01:50:02.520]  Okay.
[01:50:02.520 --> 01:50:07.520]  If I make the claim, I have to prove up the claim.
[01:50:07.520 --> 01:50:18.520]  If you want to take action, go to womenisandreadestate.com and read the stuff we've got up there. You might want to talk to us before you do it.
[01:50:18.520 --> 01:50:27.520]  I don't care if you lose us or not. Our purpose is not to make money. Our purpose is to stop as many foreclosures as possible.
[01:50:27.520 --> 01:50:28.520]  Right.
[01:50:28.520 --> 01:50:40.520]  And it's a good thing that our purpose is not to make money because we have it. We're struggling, but we have stopped some 500 foreclosures.
[01:50:40.520 --> 01:50:41.520]  Excellent.
[01:50:41.520 --> 01:50:42.520]  Okay.
[01:50:42.520 --> 01:50:48.520]  And we give information freely because we want these guys to stop.
[01:50:48.520 --> 01:50:49.520]  And I appreciate it.
[01:50:49.520 --> 01:50:53.520]  So go to womenisandreadestate.com. If you have any questions, email me. I'll be glad to answer them.
[01:50:53.520 --> 01:50:54.520]  Okay.
[01:50:54.520 --> 01:50:56.520]  Thank you, Randy.
[01:50:56.520 --> 01:51:02.520]  You are most welcome. Okay. We are going to go to Melissa in Texas.
[01:51:02.520 --> 01:51:05.520]  Melissa, what do you have for us tonight?
[01:51:05.520 --> 01:51:17.520]  Oh, I have a question about if Eddie has, if anyone from Eddie's class has gone to trial with a DPS officer.
[01:51:17.520 --> 01:51:27.520]  I know he's gone to trial with a city cop ticket or a municipal ticket, but I was curious about Highway Patrol.
[01:51:27.520 --> 01:51:31.520]  I have. I don't know if anyone else in the class has or not.
[01:51:31.520 --> 01:51:43.520]  Okay. All right. I have that one coming up in January. So yeah, I was just curious. I know it shouldn't make any difference, but I just thought that it might.
[01:51:43.520 --> 01:51:57.520]  Well, there's some specific things you can ask these guys that you can't ask any other along the lines of, you know, the DPS mission statement, so on and so forth.
[01:51:57.520 --> 01:51:58.520]  Okay. All right.
[01:51:58.520 --> 01:52:07.520]  Something that they would be readily familiar with because that gets you into the administrative code, which is where all this comes down anyway.
[01:52:07.520 --> 01:52:08.520]  Okay.
[01:52:08.520 --> 01:52:16.520]  All right. And I'm supposed to avoid getting into merits of the case, right? At all costs.
[01:52:16.520 --> 01:52:27.520]  Well, if you've gone as far as getting into merits and you haven't done all the paperwork up front, you shouldn't ever have to go to trial on the merits if you've done everything for the record up front.
[01:52:27.520 --> 01:52:41.520]  I haven't filed anything yet because I'm hoping to get it reset and I was hoping to get it caught up in the holiday buzz or whatever.
[01:52:41.520 --> 01:52:55.520]  And then I didn't want them to have too much time to prepare there. So because it's in Williamson County and yeah, I'm pretty concerned about it.
[01:52:55.520 --> 01:52:57.520]  When is your case?
[01:52:57.520 --> 01:53:01.520]  January 5th.
[01:53:01.520 --> 01:53:14.520]  Okay. Bring your citations to class with you, Melissa. Let's take a look at those because odds are I'm going to find the same thing on those I've been finding on the rest of them, even the DPS citations.
[01:53:14.520 --> 01:53:21.520]  And that is that they do not conform with 708.105 transportation code.
[01:53:21.520 --> 01:53:23.520]  701.
[01:53:23.520 --> 01:53:42.520]  708.105. If they do not comply with the specific provisions of that section under the transportation code, the citations invalid on its face, it's statutorily deficient, which means it cannot be used as the basis for a criminal complaint.
[01:53:42.520 --> 01:53:45.520]  Okay.
[01:53:45.520 --> 01:53:56.520]  All right. Well, I've already found that the complaint is invalid and I don't think it was signed by the officer. I think the clerk signed it, but I can't prove that.
[01:53:56.520 --> 01:54:05.520]  Yeah, he's forwarded out in his official capacity. So I think that's, I mean, that's enough to make it invalid, right?
[01:54:05.520 --> 01:54:11.520]  It's enough to challenge it on the grounds that the court is now involved in the prosecution, yes.
[01:54:11.520 --> 01:54:17.520]  All right. Okay. All right. Well, that's it. That was, that was my question. Thank you.
[01:54:17.520 --> 01:54:19.520]  Yes, ma'am. Thanks for calling in.
[01:54:19.520 --> 01:54:21.520]  Sure. Bye-bye.
[01:54:21.520 --> 01:54:23.520]  Bye-bye.
[01:54:23.520 --> 01:54:26.520]  All right. Randy, who else do we have out there?
[01:54:26.520 --> 01:54:27.520]  Yes.
[01:54:27.520 --> 01:54:29.520]  Steve in Texas.
[01:54:29.520 --> 01:54:32.520]  Steve, what do you have for us?
[01:54:32.520 --> 01:54:41.520]  Well, I did call in with one issue, but there was a couple of calls before me that raised up some other issues, and I'll try to rifle through these as quickly as I can.
[01:54:41.520 --> 01:54:49.520]  In regard to Crystal and her QWR, Center QR was not pursuant to arrest the Real Estate Settlement Procedures Act.
[01:54:49.520 --> 01:55:03.520]  I would not look for them to respond, and I would be very, very careful in accusing them of default for failure to respond if it is not a qualified request pursuant to the rest of the statutes.
[01:55:03.520 --> 01:55:06.520]  They have no obligation to respond.
[01:55:06.520 --> 01:55:19.520]  And she is also referring, I believe, to Carpenter v. Longan. In Carpenter v. Longan, it states clearly that the note and the mortgage are inseparable.
[01:55:19.520 --> 01:55:32.520]  An assignment, the former as an essential, the latter as an incident. An assignment of the note carries the mortgage with it as where an assignment of the latter alone is annulity. Here's why.
[01:55:32.520 --> 01:55:39.520]  If you'll picture in your mind the note, the deed of trust, and the real property, this is a three-link chain.
[01:55:39.520 --> 01:55:52.520]  If you take that deed of trust, which is a security instrument out of the equation, the real property, that is the house, is no longer held as collateral on the note in the event of default.
[01:55:52.520 --> 01:55:54.520]  That's why it is annulity.
[01:55:54.520 --> 01:56:13.520]  Now, in Steve's census question, I looked over the census questionnaire when I received the last one that I got real closely, and I realized in law that anytime that something is separated from anything else, it is exclusive of everything else.
[01:56:13.520 --> 01:56:31.520]  Now, we do have a duty in this country to tell the Census Bureau how many people live in our house. I noticed that that one constitutional question was separate from all the other questions in the questionnaire.
[01:56:31.520 --> 01:56:44.520]  That means that we have a duty to tell the Census Bureau how many people live in the house, but we have no duty to tell them what color underwear we have on today or anything else.
[01:56:44.520 --> 01:57:06.520]  Now, the original thing that I called in on, Randy, was the quietam action that you had mentioned. This does allow an individual to sue on the behalf or in the name of any government entity. In my foreclosure case, one PNC Bank National, I don't want to mention any names, but those are their initials.
[01:57:06.520 --> 01:57:24.520]  PNC Bank National did a very, very nice thing for me. They sent me a 1099A. This means that they wrote off on their capital gains tax, a mortgage contract that was never enforceable, never insurable, never transferable.
[01:57:24.520 --> 01:57:33.520]  So how do you get the right to write it off on your capital gains tax? Would that not equate IRS fraud?
[01:57:33.520 --> 01:57:50.520]  Sure, sounds like that to me. What's the IRS form that you filed with the IRS to report IRS fraud, something 59, 1059?
[01:57:50.520 --> 01:58:09.520]  I think it is 10, you're close to it. 25, 59, I think. 25, 59, okay, yeah. There's a specific form you filed for that. They did this in my case. The next question is how many other times did they do it?
[01:58:09.520 --> 01:58:26.520]  You're thinking quite am to help the IRS collect against the bankers? Thank you. You're not near as stupid as everybody says. No, just why? That is quite an idea.
[01:58:26.520 --> 01:58:41.520]  Anyway, I'll leave you guys on that note. Thanks for the show, and I'll talk to you later. Thank you, Steve. This is Brandy Kelton, David Stevens and Craig. We love radio. And thank you all for listening.
[01:58:41.520 --> 01:58:56.520]  I'm afraid we're about out of time. It's been a great show. Turn in Monday for Eddie and Deborah on the traffic show, and I'll be back next Thursday. Thank you for listening, and good night.
[01:58:56.520 --> 01:59:12.520]  Bye, folks.
[01:59:26.520 --> 01:59:42.520]  Visit us online at bfa.org. This translation is highly accurate, and it comes with over 13,000 cross-references, plus charts and maps, and an outline for every book of the Bible. This is truly a Bible you can understand.
[01:59:42.520 --> 01:59:58.520]  To get your free copy of the New Testament recovery version, call us toll-free at 888-551-0102. That's 888-551-0102, or visit us online at bfa.org.