ROL_2011-12-09_16k_Hr1-2.timecode

[00:00.000 --> 00:05.000]  This news brief brought to you by the International Newsnet.
[00:05.000 --> 00:16.000]  In India, survivors of the world's worst industrial accident burned effigies of two Olympic officials Friday to protest Dow Chemical's sponsorship of the 2012 London Games.
[00:16.000 --> 00:24.000]  The protests were on the eve of the 27th anniversary of the disaster at Bhopal, where a union carbide pesticide plant leaked gas,
[00:24.000 --> 00:32.000]  killing an estimated 15,000 people and naming tens of thousands more. Dow has since purchased union carbide.
[00:32.000 --> 00:41.000]  A suicide bomber Friday attacked a NATO outpost south of Kabul, killing one person and injuring about 70.
[00:41.000 --> 00:45.000]  The attacker blew up his truck outside the base after being stopped at the gate.
[00:45.000 --> 00:49.000]  A local man was killed and many nearby buildings destroyed.
[00:49.000 --> 00:57.000]  Members of Occupy Montreal are considering legal action against the Montreal police after they were branded without their consent.
[00:57.000 --> 01:08.000]  Protesters arrested in a raid after handcuffing themselves in 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.
[01:08.000 --> 01:19.000]  The American Civil Liberties Union said Friday the FBI is illegally gathering information on Muslims' political and religious affiliations.
[01:19.000 --> 01:27.000]  The September 11th attacks prompted the FBI to step up outreach with American Muslims and Arab Americans.
[01:27.000 --> 01:36.000]  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.
[01:36.000 --> 01:45.000]  The ACLU said FBI agents are, quote, recording social security numbers and other identifying information of people they meet.
[01:45.000 --> 01:57.000]  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.
[01:57.000 --> 02:02.000]  Heavy redactions make it impossible to determine how far the spying has gone.
[02:02.000 --> 02:14.000]  Tokyo Electric Power has revised its damage estimate of the Fukushima No. 1 reactor, one of three that suffered nuclear meltdowns after the March 11th mega quake and tsunami.
[02:14.000 --> 02:27.000]  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.
[02:27.000 --> 02:35.000]  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.
[02:35.000 --> 02:45.000]  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.
[02:45.000 --> 02:54.000]  The latest assessment follows revelations the company dismissed a 2008 warning. The plant was inadequately prepared to resist a tsunami.
[02:54.000 --> 03:01.000]  For more details on this story, visit I-N-N-4-E-Core.net.
[03:24.000 --> 03:29.000]  Thank you for watching!
[03:54.000 --> 04:08.000]  I-N-4-E-Core.net
[04:25.000 --> 04:30.000]  Right now, I would like to go into something that I've been looking at today.
[04:30.000 --> 04:43.000]  It would appear that there is a lawsuit going on in North Carolina right now that Rodney Klass has filed against a particular municipality and police station, if not the state itself.
[04:43.000 --> 04:59.000]  And he has managed to get an administrative determination from one of the administrative courts there that the local municipal police department in this town is not a governmental entity.
[04:59.000 --> 05:18.000]  It is, in fact, a private entity. And because it is a private entity, it has no state protection of any kind as far as immunity, representation by the Attorney General, or anything at all like that.
[05:18.000 --> 05:30.000]  So, Art and Rodney called me two or three days ago and asked me if they could send me the information on what they were doing, and I said, sure.
[05:30.000 --> 05:40.000]  So, I went through some of the documents and I found a particular phrase in there that got me looking for it, Texas law.
[05:40.000 --> 05:49.000]  And that phrase is not a government agency. And you'd be surprised at what I found.
[05:49.000 --> 05:57.000]  I found that particular phrase in only two spots in Texas law.
[05:57.000 --> 06:05.000]  One of them is in section 810.001 of the government code.
[06:05.000 --> 06:12.000]  Now, this is inside the definition of political entity.
[06:12.000 --> 06:33.000]  Political entity means a municipality or any agency thereof, a junior college district, river authority, water district, appraisal district, or other special purpose district or authority that has created pursuit to state law and that is not an agency of the state.
[06:33.000 --> 06:41.000]  Now, because it's not an agency of the state, it doesn't have state immunity for its actors.
[06:41.000 --> 06:46.000]  Now, Randy, I want to get your input on this real quick. What are you thinking of this so far?
[06:46.000 --> 07:05.000]  That's raising a number of questions where you say it is a, okay, go back through that part about it is a municipality but is not a governmental entity. How do we get there?
[07:05.000 --> 07:09.000]  We go through that again so I'm clear on exactly what you said.
[07:09.000 --> 07:18.000]  This is the definition out of section 810.001 of the government code and this is a definition for political entity.
[07:18.000 --> 07:27.000]  Now, what this particular section is dealing with is the provisions generally applicable to public retirement systems.
[07:27.000 --> 07:56.000]  This is under the miscellaneous provisions. A political entity means a municipality or any agency thereof, a junior college district, river authority, water district, appraisal district, or other special purpose district or authority that has created pursuit to state law and that is not an agency of the state.
[07:56.000 --> 08:11.000]  Okay, that was what I was looking at. That is created pursuit to state law and is not an agency of the government of the state.
[08:11.000 --> 08:12.000]  Right.
[08:12.000 --> 08:21.000]  Is a municipality anywhere indicated to be an agency of the state?
[08:21.000 --> 08:27.000]  No. In fact, it is defined in every instance simply as a political subdivision.
[08:27.000 --> 08:46.000]  I found several sites for that in the code and it always applies to anything else other than a state agency. All these things that are in this definition can be found at one or more of the definitions for political subdivision.
[08:46.000 --> 09:01.000]  Okay, this seems to go back to the case you found that said that or somewhere said that municipalities could be sued. Where did you find that?
[09:01.000 --> 09:10.000]  That is in the municipalities act. That a municipality can sue and be sued. They have no immunity.
[09:10.000 --> 09:32.000]  Okay, this would tend to support that position then or that particular statement in law that they can be sued because they are not draped under the sovereign immunity in the state.
[09:32.000 --> 09:38.000]  Okay, whatever card game you're playing, stop.
[09:38.000 --> 09:43.000]  You're going out on the air.
[09:43.000 --> 10:05.000]  But in any case, yeah, so I'm going through this and what I keep hearing over and over and over again from the words that's in the statute is that a political subdivision and an agency of the state are not the same because when you go look up the definition of agency for the state
[10:05.000 --> 10:19.000]  in chapter 2001 of the government code, then you get a whole nother meaning. For instance, this is the meaning of state agency in the administrative procedures act.
[10:19.000 --> 10:38.000]  A state officer, board, commission or department with statewide jurisdiction that makes rules or determines contested cases will know municipality or county has statewide jurisdiction.
[10:38.000 --> 10:54.000]  They do not make any of the rules for the state agency, nor do they have any authority to conduct administrative hearings for the purpose of determining contested cases involving state law.
[10:54.000 --> 11:16.000]  So that right there completely eliminates the possibility under the administrative procedures act or any other act for that matter that the municipality is a state agency that is endowed with state or official immunity of any kind.
[11:16.000 --> 11:24.000]  Okay, municipalities regularly claim sovereign immunity.
[11:24.000 --> 11:29.000]  Exactly. And they're not sovereign.
[11:29.000 --> 11:32.000]  Do we have case law in support of that?
[11:32.000 --> 11:35.000]  Actually, yes, we do.
[11:35.000 --> 11:49.000]  Tim Warwick and I were going over this this afternoon before we started this. We have one which is Yuri versus E. Hemfield Township in the U.S. District Court.
[11:49.000 --> 12:01.000]  And here the excerpt is in their motion to dismiss the defendants correctly argue that the East Hemfield Police Department is not a legal entity separate and apart from East Hemfield Township.
[12:01.000 --> 12:07.000]  It is not a political entity and it is simply a Department of East Hemfield Township.
[12:07.000 --> 12:19.000]  Then we have another which is Harris versus Lee County Office of Children and Youth Services, which is a federal court for 18 federal Supplement 2nd 643.
[12:19.000 --> 12:35.000]  And it says in its motion to dismiss Lee High County correctly points out that OCYS is not a legal entity separate and apart from Lee High County, which is also not a political entity and is simply a Department of Lee High County.
[12:35.000 --> 12:45.000]  OCYS shall be dismissed as a separate defendant and any action alleged to have been taken by OCYS shall be imputed to Lee High County.
[12:45.000 --> 12:50.000]  Okay, that's a different issue.
[12:50.000 --> 13:05.000]  Well, this goes to Rodney Klass's case where he got them to declare that the police department in North Carolina for this township is in fact a private entity just like the township is.
[13:05.000 --> 13:15.000]  Just as just like if I set up a corporation and put together a security service as a department in my corporation.
[13:15.000 --> 13:18.000]  Exactly.
[13:18.000 --> 13:34.000]  Which would completely take away a police officer's ability to control and harass the public unless they could show the public was damaging city property.
[13:34.000 --> 13:38.000]  Do you have case law to get you there?
[13:38.000 --> 13:53.000]  Because we have a lot of a lot of cases that grant policing general policing power to the police department within the boundaries of the municipality.
[13:53.000 --> 14:01.000]  So where you're going here is saying they don't have that general power their military security guards for this municipality.
[14:01.000 --> 14:07.000]  Well, this goes back to the issue of who has the power to create law enforcement.
[14:07.000 --> 14:10.000]  No such power given to the legislature.
[14:10.000 --> 14:14.000]  So how can the legislature give it to a municipality?
[14:14.000 --> 14:22.000]  The county doesn't need it because the county officer is the sheriff and his deputies and the constables here in Texas.
[14:22.000 --> 14:29.000]  They're given that power specifically under the Constitution as a separate official constitutional office.
[14:29.000 --> 14:33.000]  There is no authority for the Department of Public Safety.
[14:33.000 --> 14:38.000]  There is no authority for any municipal police department.
[14:38.000 --> 14:46.000]  None of that power to create those type of policing agencies was vested with the legislature.
[14:46.000 --> 14:52.000]  The legislature is forbidden to make local law.
[14:52.000 --> 14:56.000]  That's also right in the Texas Constitution.
[14:56.000 --> 15:16.000]  So if the legislature is forbidden to make local law and they're not authorized to delegate that power to someone else, then by Constitution local law is legal.
[15:16.000 --> 15:21.000]  Just a bunch of rules that are directory not mandatory.
[15:21.000 --> 15:27.000]  That's exactly my argument on an ordinance. An ordinance is not law.
[15:27.000 --> 15:30.000]  It cannot possibly be law.
[15:30.000 --> 15:45.000]  And if you're going to charge me with anything, you can only charge me under a state law because it is not possible for me to violate as a private citizen any ordinance.
[15:45.000 --> 15:51.000]  It simply isn't possible because the ordinance cannot be anything to me but directory.
[15:51.000 --> 15:57.000]  It's a suggestion. Here's how we would like you to do it.
[15:57.000 --> 16:06.000]  Well, if I don't want to do it that way, that cannot possibly put me in violation of that ordinance.
[16:06.000 --> 16:27.000]  This is going toward the issue I wanted to go to earlier is how all of these different issues you've been bringing up can be converted into a consistent and coherent set of claims.
[16:27.000 --> 16:32.000]  I will say synergistic where they all fit together.
[16:32.000 --> 16:43.000]  Well, in order for that to work properly, what would have to happen is we have to force the courts back to the Constitution and the language in that Constitution.
[16:43.000 --> 16:53.000]  I've come to the conclusion that this new book I'm working on, the Texas Prosay Training Manual, is going to have to be a two volume book set.
[16:53.000 --> 17:04.000]  Volume one is going to simply be titled legal theories and concepts the courts have forgotten or ignored.
[17:04.000 --> 17:15.000]  In the 80s, they did it to rig it. A debt ceiling compromise. Democrats promising spending cuts, delivering only tax ideas.
[17:15.000 --> 17:27.000]  The 90s brought more compromises, more broken promises and more new taxes. This August, the next chapter will be written, a defining moment.
[17:27.000 --> 17:35.000]  $14 trillion in debt makes an employee the dollar in decline. We know where they stand.
[17:35.000 --> 17:42.000]  But will our party's leaders repeat the mistakes of the past? Will they choose compromise or conviction?
[17:42.000 --> 17:50.000]  One candidate has always been true. Ron Paul, cut spending, balance the budget, no deals.
[17:50.000 --> 17:57.000]  Standing up to the Washington machine, guided by principle, restore America now.
[17:57.000 --> 18:00.000]  I'm Ron Paul and I approve this message.
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[20:02.000 --> 20:18.000]  Okay, this is Randy Kelton, Debra Steed and John Craig with Oladio, and we're talking about how municipalities cannot mean political entities.
[20:18.000 --> 20:30.000]  And this is an argument that Eddie's raised for quite a while, and it seems like we're gathering more evidence and more issues to indicate the validity of that.
[20:30.000 --> 20:36.000]  And this is the way I like to construct an issue.
[20:36.000 --> 20:45.000]  It's one thing to come up with an issue that seems to be outside the norm.
[20:45.000 --> 20:51.000]  And on first blush, a lot of these issues look that way.
[20:51.000 --> 21:05.000]  But when you start looking at them in total and putting them together, then the pieces begin to fit together and you have a more or less a synergistic whole.
[21:05.000 --> 21:18.000]  So you can look at the Corpus Juris, the overall body of law, and see how all of these pieces fit together and see clearly which pieces don't fit.
[21:18.000 --> 21:32.000]  It is issue of corporations being private corporations, and their ordinance is being rules that apply to members of the corporation.
[21:32.000 --> 21:42.000]  With the more you put together these new issues, the more appropriate that argument appears.
[21:42.000 --> 21:54.000]  One of the reasons I'm so concerned about getting all the pieces in place is because the ramifications are so great.
[21:54.000 --> 22:06.000]  We're going to have the state screaming bloody murder when they lose all of this revenue, and potentially have to pay it all back to the people they've collected it from.
[22:06.000 --> 22:16.000]  So if we fight this issue or when we fight this issue, we're going to get some serious big time resistance.
[22:16.000 --> 22:21.000]  So that was sort of what I wanted to talk about.
[22:21.000 --> 22:26.000]  How do all of these pieces line up?
[22:26.000 --> 22:37.000]  Say you have a person who has an issue that involves city ordinances.
[22:37.000 --> 22:43.000]  What questions would you ask the individual?
[22:43.000 --> 23:05.000]  And what steps would you set up? What claims would you make and in what order in order to address this issue of the municipality lacking capacity, constitutionally and statutorily to enforce their ordinances?
[23:05.000 --> 23:07.000]  Where would we start?
[23:07.000 --> 23:17.000]  I would have to go back to the constitution to start. The problem is my observation on what's happened as far as the justice system goes is this.
[23:17.000 --> 23:22.000]  We have multiple issues, which is why I'm going to have to have two different volumes in this book.
[23:22.000 --> 23:26.000]  The first one's going to deal with issues like this right here.
[23:26.000 --> 23:33.000]  Where does the jurisdiction of the court come from? Where does the court itself come from?
[23:33.000 --> 23:44.000]  It is a creature of the constitution. The constitution creates it, empowers it, assigns its duties and assigns its authority.
[23:44.000 --> 23:54.000]  That's what it does. The people created the constitution, the constitution created government.
[23:54.000 --> 24:10.000]  Now what has happened is the courts have assumed, wrongfully in my opinion, the authority to go back and interpret the real meaning and intent of the very document that created them.
[24:10.000 --> 24:16.000]  And now they interpret it completely opposite of its original purpose.
[24:16.000 --> 24:24.000]  The constitution is set up to limit the power of government to harm the rights of the people.
[24:24.000 --> 24:32.000]  The courts have now taken that and interpreted it to be a limit upon the people only of those rights that have been enumerated,
[24:32.000 --> 24:40.000]  but unlimited power on the government to enact law and create legislation governing everything else.
[24:40.000 --> 24:47.000]  That is completely bas-accords to the way a constitution works. That's problem number one.
[24:47.000 --> 24:56.000]  Problem number two is giving a creature created by the constitution the power to interpret it any way they want.
[24:56.000 --> 25:02.000]  Now suddenly the constitution is no limit at all on that entity.
[25:02.000 --> 25:13.000]  What good is it, you know, to set rules for your children and then tell your children they're completely in charge of what the rules are?
[25:13.000 --> 25:20.000]  Are they going to go back and change the rules you created because they don't like them and how it governs them?
[25:20.000 --> 25:27.000]  Absolutely. I want to stay up later. I want to not have to do my homework. I don't want to eat vegetables.
[25:27.000 --> 25:34.000]  Everything you instituted, you gave the children the power to go back and change, so they do.
[25:34.000 --> 25:40.000]  Well, we didn't give government that power. They stole it.
[25:40.000 --> 25:47.000]  Okay, then this is exactly my issue is how do we take it back?
[25:47.000 --> 25:59.000]  Well, how do we frame this so that in order to maintain any law at all, they have to reinterpret what they're doing?
[25:59.000 --> 26:06.000]  Okay, I forget which one of the founding fathers actually said this, but it goes more or less like this.
[26:06.000 --> 26:22.000]  Actually, I actually think actually not a founding father, Ronald Reagan said this, and it is that government has never willingly relinquished any power that it's obtained.
[26:22.000 --> 26:31.000]  If government has ever relinquished power, it has been through forceful opposition by the people.
[26:31.000 --> 26:40.000]  On the one hand, that is as it should be. Change should not be easy.
[26:40.000 --> 26:48.000]  It should be hard for government to take on new power, and it should be hard to take it away.
[26:48.000 --> 27:13.000]  So that's okay. I don't have a problem with that, but we should, you and I have to be diligent, and that's what I'm talking about here is us being diligent and crafting an approach that will give us the tools we need to take this power back from the government.
[27:13.000 --> 27:19.000]  We're not going to do it trying to roll over them like a steamroller.
[27:19.000 --> 27:28.000]  We're going to have to do it essentially the way we're going to take the power back the way they opposite to the way they got it.
[27:28.000 --> 27:42.000]  They got it a little at a time. We're going to have to look at this and look at what tools we need, develop the tools first and start applying the tools.
[27:42.000 --> 27:48.000]  I keep winding up going back to that using the grand jury as a court of appeals.
[27:48.000 --> 27:55.000]  Yeah, the problem with the grand jury is it's still made up by the same group of people that don't have a clue what's going on.
[27:55.000 --> 28:07.000]  That's the problem. They'll do everything possible to keep people like you and I that have a clue from ever sitting on such a grand jury for all these reasons.
[28:07.000 --> 28:14.000]  Then maybe that's the place we need to start is addressing that issue.
[28:14.000 --> 28:26.000]  Well, there's also the other possibility you and I had discussed this once and that was running for justice of the peace in your particular county and precinct.
[28:26.000 --> 28:40.000]  Now imagine what would happen if we have patriots in multiple counties in multiple precincts in the same county all getting elected to those positions.
[28:40.000 --> 28:49.000]  And we start issuing warrants for the arrest of the public officials from violation of law that we know to be violated by them.
[28:49.000 --> 28:57.000]  That would be a very powerful tool. That might be a shortcut to the grand jury for certain.
[28:57.000 --> 29:09.000]  Absolutely. And a grand jury is most certainly going to give a look at anything filed by a judge with the grand jury accusing a public official of a crime.
[29:09.000 --> 29:15.000]  So we need to start taking names of people who want to run for office.
[29:15.000 --> 29:31.000]  Well, that's one of the things I'm hoping. I'm hoping that the social networking side of our website when we get it up and running will allow us to organize, communicate and facilitate exactly these types of activities.
[29:31.000 --> 29:38.000]  So that we can go in and get control from where we need to.
[29:38.000 --> 29:45.000]  You know, there's lots of issues as to how we're going to get there.
[29:45.000 --> 29:51.000]  OK, but all right, we'll pick this up again on the other side. Eric, on the screen, we do see you there.
[29:51.000 --> 30:00.000]  Folks will be right back. This is Rural Law Radio. I'm Eddie Craig, Randy Kelton, Deborah Stevens. We'll be right back after the break.
[30:00.000 --> 30:05.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[30:05.000 --> 30:12.000]  The government says that fire brought it down. However, 1,500 architects and engineers have concluded it was a controlled demolition.
[30:12.000 --> 30:15.000]  Over 6,000 of my fellow service members have given their lives.
[30:15.000 --> 30:18.000]  Thousands of my fellow force responders have died.
[30:18.000 --> 30:19.000]  I'm not a conspiracy theorist.
[30:19.000 --> 30:20.000]  I'm not a structural engineer.
[30:20.000 --> 30:21.000]  I'm a New York City correctional officer.
[30:21.000 --> 30:22.000]  I'm an Air Force pilot.
[30:22.000 --> 30:24.000]  I'm a father who lost his son.
[30:24.000 --> 30:27.000]  We're Americans, and we deserve the truth.
[30:27.000 --> 30:30.000]  Go to RememberBuilding7.org today.
[30:30.000 --> 30:37.000]  The 10 Commandments are a cornerstone of Judaism, Islam, and Christianity.
[30:37.000 --> 30:41.000]  If you're an educated person, you should probably know them, regardless of your religion.
[30:41.000 --> 30:46.000]  I'm Dr. Catherine Albrecht, and I'll be right back with a tip to help you remember one of the 10 Commandments.
[30:46.000 --> 30:52.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:52.000 --> 30:57.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:57.000 --> 31:02.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[31:02.000 --> 31:05.000]  Privacy. It's worth hanging on to.
[31:05.000 --> 31:08.000]  This public service announcement is brought to you by StartPage.com.
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[31:15.000 --> 31:20.000]  What three-letter word practically passes for a four-letter word these days?
[31:20.000 --> 31:21.000]  G-O-D.
[31:21.000 --> 31:26.000]  But Commandment Number 3 says don't use that three-letter word God's name as a cuss word.
[31:26.000 --> 31:30.000]  The Bible says thou shalt not take the name of the Lord thy God in vain.
[31:30.000 --> 31:33.000]  People who follow this commandment don't say, oh my...
[31:33.000 --> 31:35.000]  Instead they might say, oh my gosh.
[31:35.000 --> 31:42.000]  Of all the world's moral codes, the 10 Commandments have probably inspired more commitment and controversy than any other.
[31:42.000 --> 31:51.000]  The next time they come up in conversation, you'll be prepared by knowing that Commandment Number 3 says to use that three-letter word God's name with reverence.
[31:51.000 --> 31:56.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[32:21.000 --> 32:23.000]  This isn't a race.
[32:23.000 --> 32:25.000]  Well, it's a bush.
[32:25.000 --> 32:28.000]  This isn't a race.
[32:28.000 --> 32:30.000]  But it ain't.
[32:30.000 --> 32:34.000]  Well, I need a prosecutor to come and help me.
[32:34.000 --> 32:36.000]  Prosecute them wicked leaders.
[32:36.000 --> 32:38.000]  If I'm going to run, lie to them.
[32:38.000 --> 32:40.000]  Tell them I'm lying.
[32:40.000 --> 32:41.000]  I tell six stories.
[32:41.000 --> 32:42.000]  Me and a billy.
[32:42.000 --> 32:43.000]  Me and a billy.
[32:43.000 --> 32:44.000]  Me and a billy.
[32:44.000 --> 32:45.000]  Me and a billy.
[32:45.000 --> 32:46.000]  Me and a billy.
[32:46.000 --> 32:47.000]  Me and a billy.
[32:47.000 --> 32:48.000]  Me and a billy.
[32:48.000 --> 32:49.000]  Me and a billy.
[32:49.000 --> 32:56.000]  Me and a billy.
[32:56.000 --> 33:06.000]  Me and a billy.
[33:06.000 --> 33:16.000]  And I have an electronic copy of it. Now the gentleman that wrote this book is the Professor of Law in the University of Missouri.
[33:16.000 --> 33:25.000]  Christopher G. Tiedemann. He was the Professor of Law at the University of Missouri in 1886.
[33:25.000 --> 33:38.000]  Okay? Now let's see what the concept of police power, the name of this book is a treaty on the limitations of police power in the United States,
[33:38.000 --> 33:43.000]  considered from both a civil and criminal standpoint.
[33:43.000 --> 33:51.000]  Now this gentleman obviously was qualified to make these interpretations of what he was reading.
[33:51.000 --> 33:58.000]  Now, I'm going to read you a little bit off the first couple of pages here.
[33:58.000 --> 34:00.000]  And this is out of the preface.
[34:00.000 --> 34:10.000]  In the days when popular government was unknown and the maximum of quad-principi, plasuit, legis, habit, vegorum seemed to be the fundamental theory of all law,
[34:10.000 --> 34:20.000]  it would have been idle to speak of limitations upon the police power of government, for there were none, except those which are imposed by the finite character of all things natural.
[34:20.000 --> 34:24.000]  Absolutism existed in its most repulsive form.
[34:24.000 --> 34:32.000]  The king ruled by divine right, and obtaining his authority from above he acknowledged no natural rights in the individual.
[34:32.000 --> 34:37.000]  It was his pleasure to give to his people a wide room for individual activity.
[34:37.000 --> 34:45.000]  The subject had no occasion for complaint, but he could not raise any effective opposition to the pleasure of the ruler.
[34:45.000 --> 34:54.000]  If he should see fit to impose numerous restrictions, all tending to oppress the weaker for the benefit of the stronger, nothing could be done.
[34:54.000 --> 35:06.000]  But the divine right of kings began to be questioned, and its hold on the public mind was gradually weakened, until finally it was repudiated altogether and the opposite principles substituted,
[35:06.000 --> 35:17.000]  that all governmental power is derived from the people, and instead of the king being the vice-region of God and the people subjects of the king,
[35:17.000 --> 35:25.000]  the king and other officers of the government were the servants of the people, and the people became the real sovereign through the officials.
[35:25.000 --> 35:36.000]  Vox Populi, Vox Dia became the popular answer to all complaints of the individual against the encroachments of popular government upon his rights and his liberty.
[35:36.000 --> 35:49.000]  Since the memories of the oppressions of the privileged classes under the reign of kings and nobles were still fresh in the minds of individuals for many years after popular government was established in the English-speaking world,
[35:49.000 --> 36:00.000]  content with the enjoyment of their own liberties, there was no market disposition manifested by the majority to interfere with the like liberties of the minority.
[36:00.000 --> 36:09.000]  On the contrary, the sphere of governmental activity was confined within the smallest limits by the popularization of the so-called laissez-faire doctrine,
[36:09.000 --> 36:22.000]  which denies to government the power to do more than to provide for the public order and personal security by the prevention of punishment of crimes and trespasses.
[36:22.000 --> 36:32.000]  Under the influence of this doctrine, the encroachments of government upon the rights and liberties of the individual have for the past century been comparatively few,
[36:32.000 --> 36:45.000]  but the political pendulum is again swinging in the opposite direction and the doctrine of governmental inactivity and economical matters is attacked daily with increasing vehemence.
[36:45.000 --> 36:57.000]  Governmental interference is proclaimed and demanded everywhere as a sufficient panacea for every social evil which threatened the prosperity of society.
[36:57.000 --> 37:03.000]  Socialism, communism and anarchism are rampant throughout the civilized world.
[37:03.000 --> 37:15.000]  The state is called on to protect the weak against the shrewdness of the stronger to determine what wages of workmen shall receive for his labor and how many hours daily he shall labor.
[37:15.000 --> 37:26.000]  Many trades and occupations are being prohibited because some are damaged incidentally by their prosecution and many ordinary pursuits are made government monopolies.
[37:26.000 --> 37:31.000]  The idea here was very simple, folks.
[37:31.000 --> 37:47.000]  The power of the government lay only in ensuring that the individual was not oppressed in his rights or his property by one or more stronger members of the population.
[37:47.000 --> 37:57.000]  That's it. That was the complete and total limit of the government's authority to regulate the activities of the people.
[37:57.000 --> 38:04.000]  You can't do harm to someone else. That's the entire reason we created government.
[38:04.000 --> 38:12.000]  It had nothing to do with regulating every facet of our daily lives.
[38:12.000 --> 38:34.000]  None. But just as he predicted, that political pendulum has gone from this laissez-faire doctrine of stay out of my face and leave me alone to just how much deeper are you going to shove that probe in order to find out what I'm thinking?
[38:34.000 --> 38:47.000]  You see the problem? This is way beyond the concept of original government for our nation and our individual states.
[38:47.000 --> 38:52.000]  Okay, so how do we take it back?
[38:52.000 --> 39:02.000]  They're making it harder to answer that question, Randy, without one obvious thing being brought to the surface for some arms.
[39:02.000 --> 39:11.000]  They are taking our ability away to address it in the courts. They're taking away our ability to address it through voting.
[39:11.000 --> 39:14.000]  They're taking away our ability to even discuss it.
[39:14.000 --> 39:16.000]  Who are they?
[39:16.000 --> 39:18.000]  The government in general.
[39:18.000 --> 39:25.000]  That's like saying magic is doing this. The government is us.
[39:25.000 --> 39:32.000]  The government used to be us. It used to be us.
[39:32.000 --> 39:46.000]  If we treat this as if this is beyond our power, that it's some magical entity out there that can do whatever the heck it wants to, and all we can do is sit back here and whine and grope about it, we're not going anywhere.
[39:46.000 --> 39:51.000]  Well, that's the problem. I didn't say it was beyond our power.
[39:51.000 --> 40:00.000]  I'm saying that the power we can exercise to get it back has become very limited. Only a certain set of powers is going to work.
[40:00.000 --> 40:04.000]  My question wasn't how hard is this going to be to do?
[40:04.000 --> 40:08.000]  I'm not discussing hard. Hard's not the issue.
[40:08.000 --> 40:13.000]  My question is, what can we do?
[40:13.000 --> 40:20.000]  Well, I believe you're familiar with a gentleman named Harmon Tanner.
[40:20.000 --> 40:26.000]  Who tells us very clearly, and I tend to agree with him, that there is no political fix for this.
[40:26.000 --> 40:42.000]  And when we're petitioning our representatives, when we're trying to change things through a voting system that we no longer control or have any say so over, we rely on the governmental agencies that are causing this corruption to fix this corruption.
[40:42.000 --> 40:47.000]  Those are all political fixes, and they're not working. They haven't worked for a long time.
[40:47.000 --> 40:51.000]  That's still not my question.
[40:51.000 --> 40:55.000]  You don't want the answer to your question, is the problem.
[40:55.000 --> 41:00.000]  So it's your position that the only answer is armed to vote.
[41:00.000 --> 41:04.000]  I am saying it's the only one they're leaving us.
[41:04.000 --> 41:08.000]  They've taken away our ability to address it through any other means and actually...
[41:08.000 --> 41:09.000]  No.
[41:09.000 --> 41:11.000]  What else is there, Randy?
[41:11.000 --> 41:13.000]  No, no.
[41:13.000 --> 41:15.000]  What else is there, Randy?
[41:15.000 --> 41:27.000]  You and me and people listening getting up off their butts and going down and filing criminal charges, filing civil suits, use the system we have.
[41:27.000 --> 41:30.000]  It's still there. The pieces are still there.
[41:30.000 --> 41:32.000]  It still works.
[41:32.000 --> 41:35.000]  Okay, let's analyze that for a second.
[41:35.000 --> 41:38.000]  Let's look at how that's worked so far.
[41:38.000 --> 41:43.000]  And folks, those of you that are out there listening, we will start taking callers after this segment.
[41:43.000 --> 41:45.000]  So go ahead and get on.
[41:45.000 --> 41:55.000]  But what I would like for you to do if you're listening, call in and tell us how many of you have tried what Randy's talking about and how successful it's been.
[41:55.000 --> 41:58.000]  Who has actually taken a charge from you and used it?
[41:58.000 --> 42:00.000]  Who has actually been prosecuted?
[42:00.000 --> 42:03.000]  Who has actually been hauled into court?
[42:03.000 --> 42:15.000]  Who has actually had a case in a lawsuit go completely through to the end and been successful without the courts vacating and throwing it out for whatever reason?
[42:15.000 --> 42:18.000]  I've got an answer. Eddie Craig.
[42:18.000 --> 42:23.000]  And all of these people you're helping, you're getting their cases thrown out.
[42:23.000 --> 42:30.000]  Now you're getting here on the radio and saying, don't bother doing that because it ain't going to make no difference.
[42:30.000 --> 42:33.000]  The only thing we can do is shoot at them.
[42:33.000 --> 42:34.000]  Not what I'm saying.
[42:34.000 --> 42:37.000]  We're talking about two different areas here.
[42:37.000 --> 42:40.000]  One is simply solving an immediate problem with a ticket.
[42:40.000 --> 42:42.000]  We're not changing the system.
[42:42.000 --> 42:44.000]  We're just getting little parts of it.
[42:44.000 --> 42:45.000]  You are.
[42:45.000 --> 42:48.000]  This is how we're going to change the system.
[42:48.000 --> 42:52.000]  We're not going to change the system with a giant bulldozer.
[42:52.000 --> 42:55.000]  And we're not going to change the system with guns.
[42:55.000 --> 42:58.000]  They got more guns than we have.
[42:58.000 --> 43:00.000]  They got bigger guns than we have.
[43:00.000 --> 43:02.000]  And they are just...
[43:02.000 --> 43:04.000]  They ain't got more.
[43:04.000 --> 43:06.000]  They may have bigger, but they ain't got more.
[43:06.000 --> 43:08.000]  I'm a weapon specialist.
[43:08.000 --> 43:11.000]  We ain't got crap.
[43:11.000 --> 43:15.000]  We don't have enough guns to make a difference.
[43:15.000 --> 43:18.000]  We're not going to win this that way.
[43:18.000 --> 43:24.000]  If the French had thought that way when they were occupied by the Nazis, they would still be speaking German.
[43:24.000 --> 43:32.000]  We liberated the French by dropping single-shot individual pistols that shot 145 or 9mm slug.
[43:32.000 --> 43:34.000]  Okay, this is not a place I'm going to go.
[43:34.000 --> 43:36.000]  I'm not going to act armed revolt.
[43:36.000 --> 43:38.000]  All we're going to do is get people killed.
[43:38.000 --> 43:41.000]  I'm not wanting to go to armed revolt.
[43:41.000 --> 43:43.000]  I'm not wanting to do that.
[43:43.000 --> 43:46.000]  Let's go to something we can actually do.
[43:46.000 --> 43:48.000]  Well, let's talk about that.
[43:48.000 --> 43:50.000]  That's what we're trying to do.
[43:50.000 --> 43:54.000]  We're going to go to break, we'll pick this up on the other side.
[43:54.000 --> 43:58.000]  Eric, the other caller there that's on screen will pick you up as well.
[43:58.000 --> 44:27.000]  We'll be right back.
[44:28.000 --> 44:56.000]  We're going to go to the other side.
[44:56.000 --> 45:00.000]  For more information, go to okcfoundandtruth.com.
[45:26.000 --> 45:28.000]  And now you can too.
[45:28.000 --> 45:34.000]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:34.000 --> 45:39.000]  Even if you're not in a lawsuit, you can learn what everyone should understand
[45:39.000 --> 45:43.000]  about the principles and practices that control our American courts.
[45:43.000 --> 45:50.000]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:50.000 --> 45:57.000]  graphic tactics, and much more. Please visit ruleoflawradio.com and click on the banner.
[45:57.000 --> 46:24.000]  It's all free, 866-LAW-EZ.
[46:24.000 --> 46:34.000]  Hi folks, we are back. This is rule of law radio.
[46:34.000 --> 46:37.000]  Randy Kelton, Debra Stephens, I am Eddie Craig.
[46:37.000 --> 46:42.000]  College number is 512-646-1984.
[46:42.000 --> 46:46.000]  We do have several people on the caller board right now.
[46:46.000 --> 46:53.000]  Eric was on there and he dropped off, but we do have Mike Miris on the caller screen.
[46:53.000 --> 46:55.000]  So we're going to go ahead and take Mike's call.
[46:55.000 --> 46:57.000]  Evening Mike, how are you doing?
[46:57.000 --> 46:59.000]  Hey guy, how are you doing?
[46:59.000 --> 47:02.000]  So far so good except for upsetting Randy, I think.
[47:02.000 --> 47:05.000]  I know, I heard that. What's the matter with you?
[47:05.000 --> 47:11.000]  If he don't stop that, I'm going to take up arms and just shoot him.
[47:11.000 --> 47:16.000]  Well, let me get the court gun, okay?
[47:16.000 --> 47:23.000]  I see you're back from China.
[47:23.000 --> 47:25.000]  Oh yeah, I've been back from China for about.
[47:25.000 --> 47:29.000]  I actually came back November 4th from being over there for three weeks
[47:29.000 --> 47:34.000]  and next week I'm going to Mexico for the week down in Monterey for the company.
[47:34.000 --> 47:39.000]  So they got me jumping, but that's okay, keeps me busy and I get paid to do it.
[47:39.000 --> 47:41.000]  That's the best part.
[47:41.000 --> 47:46.000]  Well, that's good. I have been wanting to talk to you.
[47:46.000 --> 47:53.000]  And this is an Eddie Craig situation and I find this very amusing.
[47:53.000 --> 47:58.000]  I got it. No, I did and I didn't get a ticket today.
[47:58.000 --> 48:00.000]  You didn't, you didn't?
[48:00.000 --> 48:05.000]  Yeah, I'm not sure what happened. Let me tell you the story.
[48:05.000 --> 48:09.000]  I'm going into work and this is a five-lane highway.
[48:09.000 --> 48:14.000]  Two lanes go in west and two lanes go in east and then you've got a middle lane
[48:14.000 --> 48:18.000]  for the right or left-hand turn, okay?
[48:18.000 --> 48:22.000]  And they have the arrows in the road for the left-hand or right-hand turn.
[48:22.000 --> 48:26.000]  So I've been traveling this road since like last August.
[48:26.000 --> 48:28.000]  I know it pretty well and I'm going to work.
[48:28.000 --> 48:33.000]  Well, when I get near my road to turn off the go-to-work,
[48:33.000 --> 48:39.000]  I pull into the left, to the center lane, which is the left-hand turn lane.
[48:39.000 --> 48:46.000]  Well, I get a guy in front of me this morning and he's doing about 30 in a 50-55 mile an hour road.
[48:46.000 --> 48:50.000]  So I'm kind of following him because my road is coming up where I'm going to turn.
[48:50.000 --> 48:54.000]  So finally, I got close enough to the road and I went around them
[48:54.000 --> 48:59.000]  and I continued around him in that, but the turn lane.
[48:59.000 --> 49:05.000]  And as I pulled out and went in there, up comes the state trooper coming in the opposite direction.
[49:05.000 --> 49:08.000]  So I just keep going because I'm not doing anything wrong.
[49:08.000 --> 49:13.000]  I got my signal light on. I'm doing like 40, 45 miles an hour.
[49:13.000 --> 49:17.000]  The next thing I see the lights coming on and he's doing a U-turn.
[49:17.000 --> 49:20.000]  And I said, huh, what's this all about?
[49:20.000 --> 49:25.000]  So I just went ahead and made my turn into the road that goes to the plant
[49:25.000 --> 49:29.000]  and sure enough, he's going behind me and I knew he was going to pull me over.
[49:29.000 --> 49:37.000]  I'm driving a rental car and it's a 2012 Dodge Challenger, so that's always a cop attraction.
[49:37.000 --> 49:40.000]  So I pull over and I'm waiting for him. I got my emergency flashers on.
[49:40.000 --> 49:43.000]  I pull over the whole nine yards and he gets out and he says,
[49:43.000 --> 49:47.000]  you know what I'm pulling you over for? And I says, no, sir, I don't.
[49:47.000 --> 49:53.000]  He says, you turn too early to make that left-hand turn.
[49:53.000 --> 49:59.000]  What? It's the lamest design for right or left-hand turns.
[49:59.000 --> 50:04.000]  I says, I wasn't speeding. I had my signal light on.
[50:04.000 --> 50:07.000]  Yeah, but you pulled in there too early.
[50:07.000 --> 50:09.000]  Okay.
[50:09.000 --> 50:13.000]  Well, he asked me for the driver's license and of course I give him all that.
[50:13.000 --> 50:15.000]  He says, is this your current address?
[50:15.000 --> 50:20.000]  Well, I'm in Tennessee where the plant is and of course I have a Mexico driver's license
[50:20.000 --> 50:23.000]  and if this is your current address, I see as it is.
[50:23.000 --> 50:26.000]  So he says, well, I'm going to write you a citation.
[50:26.000 --> 50:28.000]  Okay.
[50:28.000 --> 50:32.000]  So he comes back and he says, here's a citation. I want you to sign it
[50:32.000 --> 50:34.000]  and it's not admission of guilt or anything like that.
[50:34.000 --> 50:39.000]  It just says you'll show up in court until the January 10th.
[50:39.000 --> 50:42.000]  At the same time, I gave him one of my business cards.
[50:42.000 --> 50:46.000]  I says, just so you know why I'm here, I got an out-of-state driver's license,
[50:46.000 --> 50:48.000]  but this is why I'm here.
[50:48.000 --> 50:51.000]  Oh, he looks at the business card.
[50:51.000 --> 50:53.000]  He says, oh, you work for this car?
[50:53.000 --> 50:55.000]  I says, yeah.
[50:55.000 --> 50:58.000]  They just have it to be the largest employer in the county.
[50:58.000 --> 50:59.000]  Okay.
[50:59.000 --> 51:03.000]  Been there for 40 years, et cetera, et cetera.
[51:03.000 --> 51:06.000]  And he took my card.
[51:06.000 --> 51:10.000]  He turned around and went back to his police card and all of a sudden we were finished
[51:10.000 --> 51:16.000]  and I just went ahead and pulled away, but he never gave me the ticket.
[51:16.000 --> 51:19.000]  What the hell was going on?
[51:19.000 --> 51:22.000]  Made him think twice.
[51:22.000 --> 51:24.000]  Well, you know, I went in.
[51:24.000 --> 51:26.000]  Well, here's what's going on, Mike.
[51:26.000 --> 51:28.000]  I guarantee you this is the issue.
[51:28.000 --> 51:32.000]  Because you actually work for this particular location,
[51:32.000 --> 51:38.000]  then you're going to be back here and he doesn't know when or for how long.
[51:38.000 --> 51:42.000]  His entire plan on finding out whether or not you were out of state
[51:42.000 --> 51:47.000]  was whether or not you stood a chance of appearing on the citation when he issued it
[51:47.000 --> 51:50.000]  and was more likely to pay the fine and walk away.
[51:50.000 --> 51:52.000]  Yeah, yeah, yeah, exactly.
[51:52.000 --> 51:54.000]  That makes a lot of sense to me.
[51:54.000 --> 51:58.000]  Yeah, I spoke to my boss about it and I have a lady boss.
[51:58.000 --> 52:00.000]  She's an older waiter and I told her what happened.
[52:00.000 --> 52:04.000]  I told her, I gave him this card and she says, you won't hear nothing more from him.
[52:04.000 --> 52:05.000]  I says, why?
[52:05.000 --> 52:12.000]  She's because of our relationship with the town here and the mayor and the politicians.
[52:12.000 --> 52:14.000]  She says, that thing's dead.
[52:14.000 --> 52:16.000]  You won't hear nothing about that.
[52:16.000 --> 52:18.000]  I says, okay, well, we'll see.
[52:18.000 --> 52:20.000]  I'm going to get back from next week's trip.
[52:20.000 --> 52:24.000]  I'm going to call the clerk of the court just to see if there's a ticket down there,
[52:24.000 --> 52:28.000]  but I found that very, very strange, very strange.
[52:28.000 --> 52:33.000]  I could see if I was speeding or something and I know you have arguments for that.
[52:33.000 --> 52:36.000]  But the point is, I wasn't doing anything wrong.
[52:36.000 --> 52:37.000]  I was in the lane.
[52:37.000 --> 52:38.000]  I was supposed to be in.
[52:38.000 --> 52:41.000]  I pulled the statute up today here at Tennessee.
[52:41.000 --> 52:42.000]  It's 55.
[52:42.000 --> 52:44.000]  It's the statute number that talks about that.
[52:44.000 --> 52:46.000]  It says, you pull into that lane.
[52:46.000 --> 52:51.000]  Any other cars have to give you the right away.
[52:51.000 --> 52:56.000]  You can pass another car providing it's on the purpose of making a left-hand turn
[52:56.000 --> 53:00.000]  if it's on your right side, which this guy was, that I went around,
[53:00.000 --> 53:03.000]  but he was doing 30 and man, I was doing 40.
[53:03.000 --> 53:05.000]  I mean, speed limit was 50, 55.
[53:05.000 --> 53:09.000]  I wasn't breaking any loss.
[53:09.000 --> 53:11.000]  And then we'll see them with this.
[53:11.000 --> 53:14.000]  He just kind of, and I couldn't believe I was looking in the car.
[53:14.000 --> 53:18.000]  I was looking in the Renault receipt package that I get, you know,
[53:18.000 --> 53:20.000]  the shows who I'm renting the car from and everything.
[53:20.000 --> 53:22.000]  And he never gave me the ticket.
[53:22.000 --> 53:25.000]  He had me sign it, but he never gave it to me.
[53:25.000 --> 53:30.000]  Well, what he was actually trying to say was not that you made the turn too early,
[53:30.000 --> 53:33.000]  but that you entered the turning lane too early.
[53:33.000 --> 53:34.000]  Yeah.
[53:34.000 --> 53:36.000]  That's what he was trying to argue.
[53:36.000 --> 53:41.000]  The problem is, is there anything in that law that says anything about
[53:41.000 --> 53:44.000]  what distance you can travel in that turning lane?
[53:44.000 --> 53:45.000]  No.
[53:45.000 --> 53:48.000]  That's the first thing I looked for because that's what I was thinking.
[53:48.000 --> 53:51.000]  And there's no signs other than the arrows, you know,
[53:51.000 --> 53:56.000]  the big arrow that wheels to the right and the one that goes to the left that's painted on the road
[53:56.000 --> 54:00.000]  that says you can make a right or left hand turn from that lane,
[54:00.000 --> 54:04.000]  but there's no other signs, you know, let's say, you know, enter lane here.
[54:04.000 --> 54:08.000]  And those arrows are all up and down the road.
[54:08.000 --> 54:13.000]  They're like maybe 50 yards apiece to make the right or left hand turn.
[54:13.000 --> 54:20.000]  So, and I looked in there and it doesn't say anything about entering the lane early in the statute.
[54:20.000 --> 54:23.000]  It says once you're in there, any cars that are in that lane,
[54:23.000 --> 54:26.000]  they see you come and you have to right away.
[54:26.000 --> 54:27.000]  It says that.
[54:27.000 --> 54:33.000]  And you're not supposed to use that lane for the purpose of passing another car,
[54:33.000 --> 54:35.000]  you know, passing on the lane.
[54:35.000 --> 54:37.000]  If you're not going to make that turn.
[54:37.000 --> 54:38.000]  But I didn't do it.
[54:38.000 --> 54:39.000]  I was making a turn.
[54:39.000 --> 54:40.000]  Right.
[54:40.000 --> 54:43.000]  I've been making that turn since last August for these things.
[54:43.000 --> 54:48.000]  So, I found the whole thing very interesting, but you might be right.
[54:48.000 --> 54:52.000]  Now that he knows I'm actually, you know, in the area and everything,
[54:52.000 --> 54:55.000]  you might figure, well, this guy will put up a fight.
[54:55.000 --> 54:59.000]  Yeah, I'm willing to bet you it's a conjunctive issue there.
[54:59.000 --> 55:03.000]  One, as your boss put it, the relationship they have.
[55:03.000 --> 55:07.000]  And the second one is the odds that you're going to be there to make the appearance
[55:07.000 --> 55:12.000]  and fight the ticket and get him on the stand and find out that he knew there was no such law.
[55:12.000 --> 55:13.000]  Yeah, exactly.
[55:13.000 --> 55:15.000]  Well, that's, you know, I've been in court a few times.
[55:15.000 --> 55:20.000]  I know a little bit about this stuff and, you know, civil matters and, you know,
[55:20.000 --> 55:25.000]  I was just kind of PO because, like I said, if I was speeding reckless endangerment
[55:25.000 --> 55:29.000]  or something like that, then I'd say, hey, you know, I deserve the ticket.
[55:29.000 --> 55:33.000]  But I was making a left hand turn going to work for Pete's sake.
[55:33.000 --> 55:34.000]  And I wasn't speeding.
[55:34.000 --> 55:36.000]  I had my signal light on everything.
[55:36.000 --> 55:38.000]  I mean, come on.
[55:38.000 --> 55:40.000]  You know, I was following the rules.
[55:40.000 --> 55:41.000]  Okay.
[55:41.000 --> 55:44.000]  And this guy said, now you pulled in too early.
[55:44.000 --> 55:47.000]  Well, how do you know I wasn't going to pull into one of those houses where the driveways
[55:47.000 --> 55:50.000]  were right there that come out?
[55:50.000 --> 55:52.000]  I mean, you know, he didn't know that.
[55:52.000 --> 55:56.000]  Of course, he watched me probably when he turned around that I went down to the road.
[55:56.000 --> 56:04.000]  But I maybe made the turn in maybe 300 to 400 feet before the turn of the road or where the road is at.
[56:04.000 --> 56:05.000]  But what do you do?
[56:05.000 --> 56:09.000]  Wait until you're 12 feet from the road at 15 miles an hour, slap line your brakes
[56:09.000 --> 56:11.000]  and come to a screeching halt to make turn.
[56:11.000 --> 56:13.000]  I don't think you do that.
[56:13.000 --> 56:15.000]  Well, I guess that depends.
[56:15.000 --> 56:20.000]  Obviously, he can't seem to make up his mind which way he would prefer.
[56:20.000 --> 56:23.000]  I could have done that, but that's kind of stupid.
[56:23.000 --> 56:26.000]  You know, I mean, but the car would have handled that.
[56:26.000 --> 56:28.000]  But I'll get back with you.
[56:28.000 --> 56:33.000]  Let you know, you know, if I see a ticket, I'm going to pull the...
[56:33.000 --> 56:37.000]  I just found it very strange that he didn't give me a copy of that ticket.
[56:37.000 --> 56:41.000]  Well, next time they do that, try to have a little fun with the cop.
[56:41.000 --> 56:44.000]  Well, while you're writing me a ticket for entering the turning lane too early,
[56:44.000 --> 56:47.000]  why don't you write one for yourself for never entering it at all
[56:47.000 --> 56:50.000]  and making an illegal left-hand turn in the middle of the street?
[56:50.000 --> 56:52.000]  That's true.
[56:52.000 --> 56:53.000]  He did that.
[56:53.000 --> 56:56.000]  He drove, I watched him in my rearview mirror.
[56:56.000 --> 56:57.000]  It's a straight road.
[56:57.000 --> 56:59.000]  There's no curves or anything.
[56:59.000 --> 57:01.000]  It's a straight road for Pete's sake.
[57:01.000 --> 57:02.000]  And I could see him turning around.
[57:02.000 --> 57:06.000]  He just went from, you know, the opposite lane, went right across the center
[57:06.000 --> 57:09.000]  and made the use turn and came back down the road after me.
[57:09.000 --> 57:14.000]  But you're right, he made a use turn.
[57:14.000 --> 57:15.000]  Unbelievable.
[57:15.000 --> 57:19.000]  But anyhow, and I have, you know, essentially an impeccable driving record
[57:19.000 --> 57:21.000]  and get something like this.
[57:21.000 --> 57:23.000]  Like I said, if I was speeding and I deserved it, I'd say,
[57:23.000 --> 57:25.000]  well, you were speeding, they caught you.
[57:25.000 --> 57:29.000]  But I kind of watched the speed limits and tried to follow the rules
[57:29.000 --> 57:32.000]  and this is just the weirdest thing I've ever heard.
[57:32.000 --> 57:35.000]  I mentioned this to a couple of people I work with and they said,
[57:35.000 --> 57:39.000]  entering the lane too soon, I said, yeah, we never heard of that.
[57:39.000 --> 57:41.000]  I said, well, you're not the only one.
[57:41.000 --> 57:43.000]  It's the first time I heard that, you know.
[57:43.000 --> 57:47.000]  I mean, and it doesn't say in the law, you must do it, you know,
[57:47.000 --> 57:50.000]  you can't do it for your 150 feet away from the road.
[57:50.000 --> 57:52.000]  It doesn't say anything like that.
[57:52.000 --> 57:56.000]  Was there something on the car you were in that indicated it was a rental?
[57:56.000 --> 58:02.000]  They tell me the license plate indicates it's a rental car.
[58:02.000 --> 58:08.000]  There were no stickers saying, you know, any of the rental agency names
[58:08.000 --> 58:09.000]  on it or anything?
[58:09.000 --> 58:11.000]  No, no, nothing like that at all.
[58:11.000 --> 58:14.000]  And I rent a lot of cars with this company.
[58:14.000 --> 58:20.000]  So on the executive level and, you know, they treat me like a king,
[58:20.000 --> 58:24.000]  anything I want and just go pick out what you want and go, you know.
[58:24.000 --> 58:29.000]  So, no, there's no stickers that advertise the company.
[58:29.000 --> 58:32.000]  I just told that one of my guys told me, so, you know,
[58:32.000 --> 58:36.000]  he said I understand the license plate on the car indicated for rental.
[58:36.000 --> 58:37.000]  Okay.
[58:37.000 --> 58:39.000]  So that might be.
[58:39.000 --> 58:40.000]  Okay.
[58:40.000 --> 58:41.000]  We're about to go to break.
[58:41.000 --> 58:42.000]  Mike, is there anything else?
[58:42.000 --> 58:43.000]  No, that's it.
[58:43.000 --> 58:44.000]  Thanks here.
[58:44.000 --> 58:46.000]  I hope you enjoyed hearing the story.
[58:46.000 --> 58:48.000]  I assure you, I won't lose any sleep.
[58:48.000 --> 58:49.000]  All right, Mike.
[58:49.000 --> 58:50.000]  Have a good night.
[58:50.000 --> 58:51.000]  Thanks for calling in.
[58:51.000 --> 58:52.000]  Hi, folks.
[58:52.000 --> 58:54.000]  This is Rule of Law Radio.
[58:54.000 --> 58:57.000]  Call in number is 512-646-1984.
[58:57.000 --> 59:00.000]  We'll be right back after the break.
[59:28.000 --> 59:31.000]  Chapter by chapter, Basic Elements of the Christian Life,
[59:31.000 --> 59:35.000]  clearly presents God's plan of salvation growing in Christ
[59:35.000 --> 59:37.000]  and how to build up the church.
[59:37.000 --> 59:40.000]  To order your free New Testament recovery version
[59:40.000 --> 59:43.000]  and Basic Elements of the Christian Life,
[59:43.000 --> 59:50.000]  call Bibles for America toll free at 888-551-0102.
[59:50.000 --> 59:54.000]  That's 888-551-0102.
[59:54.000 --> 59:59.000]  Or visit us online at bfa.org.
[59:59.000 --> 01:00:04.000]  This news brief brought to you by the International News Network.
[01:00:04.000 --> 01:00:07.000]  Work is in Greece launched a general strike Thursday
[01:00:07.000 --> 01:00:09.000]  against planned austerity measures.
[01:00:09.000 --> 01:00:11.000]  The new coalition government,
[01:00:11.000 --> 01:00:15.000]  headed by former European Central Bank Vice President Lukas Papademos,
[01:00:15.000 --> 01:00:18.000]  is pressing ahead with more spending cuts and tax hikes
[01:00:18.000 --> 01:00:21.000]  that have caused household incomes to plummet.
[01:00:21.000 --> 01:00:25.000]  The strikely six this year shut down public services,
[01:00:25.000 --> 01:00:27.000]  disrupted train and ferry services,
[01:00:27.000 --> 01:00:31.000]  and left state hospitals on emergency staffing levels.
[01:00:31.000 --> 01:00:37.000]  The U.S. unemployment rate dropped sharply to 8.6% in November.
[01:00:37.000 --> 01:00:40.000]  It's lowest level in two and a half years.
[01:00:40.000 --> 01:00:45.000]  The Department of Labor said the U.S. economy added 120,000 new jobs.
[01:00:45.000 --> 01:00:48.000]  The private sector added 140 jobs
[01:00:48.000 --> 01:00:51.000]  while government employment continued to fall.
[01:00:51.000 --> 01:00:53.000]  One of the reasons for the sharp drop
[01:00:53.000 --> 01:00:57.000]  was the large number of people who gave up looking for work
[01:00:57.000 --> 01:01:01.000]  and therefore no longer counted as part of the workforce.
[01:01:01.000 --> 01:01:06.000]  Speakers at a packed and unruly public hearing in New York Wednesday
[01:01:06.000 --> 01:01:09.000]  over a proposal to end the ban on hydraulic fracturing
[01:01:09.000 --> 01:01:12.000]  spoke out overwhelmingly against the technique
[01:01:12.000 --> 01:01:15.000]  which involves blasting chemically laced water and sand
[01:01:15.000 --> 01:01:18.000]  into shale rock to release gas.
[01:01:18.000 --> 01:01:21.000]  Critics say fracking poisons air, land and water.
[01:01:21.000 --> 01:01:25.000]  Massachusetts Thursday sued Bank of America,
[01:01:25.000 --> 01:01:30.000]  J.P. Morgan Chase, Wells Fargo, City Group and GMAC
[01:01:30.000 --> 01:01:33.000]  over deceptive foreclosure practices.
[01:01:33.000 --> 01:01:37.000]  The suit filed by Attorney General Martha Coakley
[01:01:37.000 --> 01:01:40.000]  says banks violated Massachusetts law
[01:01:40.000 --> 01:01:44.000]  with quote unlawful and deceptive conduct in the foreclosure process
[01:01:44.000 --> 01:01:48.000]  including unlawful foreclosures, false documentation,
[01:01:48.000 --> 01:01:53.000]  robo-signing and deceptive practices related to loan modifications.
[01:01:53.000 --> 01:01:57.000]  Robo-signing refers to the practice of electronically signing
[01:01:57.000 --> 01:01:59.000]  thousands of documents in affidavits
[01:01:59.000 --> 01:02:04.000]  without verifying the information contained in the document or the affidavit.
[01:02:04.000 --> 01:02:08.000]  The lawsuit signals a change from talks that have dragged on
[01:02:08.000 --> 01:02:12.000]  for more than a year between major banks and attorneys general
[01:02:12.000 --> 01:02:16.000]  from all 50 states over the fraudulent foreclosure practices
[01:02:16.000 --> 01:02:19.000]  that drove millions of Americans from their homes.
[01:02:19.000 --> 01:02:22.000]  The U.S. economic slump has lasted so long
[01:02:22.000 --> 01:02:25.000]  more than half the country's 14 million jobless
[01:02:25.000 --> 01:02:28.000]  can no longer claim unemployment compensation.
[01:02:28.000 --> 01:02:34.000]  Only 48% are receiving checks, a drop from 75% early last year.
[01:02:34.000 --> 01:02:38.000]  The dramatic falls occurred despite the unemployment rate
[01:02:38.000 --> 01:02:42.000]  remaining roughly 9%. As Americans have lost their compensation
[01:02:42.000 --> 01:02:48.000]  the number claiming food stamps has surged to a post-poor high of 45 million.
[01:02:48.000 --> 01:02:53.000]  Congress will soon vote on whether to continue funding the 99-week benefits program.
[01:02:53.000 --> 01:02:56.000]  Should lawmakers fail to extend the program,
[01:02:56.000 --> 01:03:09.000]  2 million unemployed stand to lose their compensation come February.
[01:03:26.000 --> 01:03:36.000]  It's all according to the will of the Almighty.
[01:03:36.000 --> 01:03:43.000]  I read his book and it says it cares not for the upside.
[01:03:43.000 --> 01:03:50.000]  These warmongers come by that term Friday.
[01:03:50.000 --> 01:03:52.000]  Hi folks, we are back.
[01:03:52.000 --> 01:03:56.000]  This is Willis Law Radio. I am Eddie Craig, my co-host Randy Kelkin.
[01:03:56.000 --> 01:03:58.000]  Whatever is off tonight.
[01:03:58.000 --> 01:04:03.000]  Okay, let's go ahead and continue on with our callers.
[01:04:03.000 --> 01:04:06.000]  Who is our next caller up here, Randy?
[01:04:06.000 --> 01:04:09.000]  Let's see, we are down to one on screen.
[01:04:09.000 --> 01:04:14.000]  Folks, the calling number is 512-646-1984.
[01:04:14.000 --> 01:04:17.000]  Right now we're going to go ahead and take this caller.
[01:04:17.000 --> 01:04:21.000]  I don't have a name and I don't have a phone number
[01:04:21.000 --> 01:04:26.000]  so speak up and I'll tell you if we hear you.
[01:04:26.000 --> 01:04:28.000]  Hey, this is Norm in California.
[01:04:28.000 --> 01:04:29.000]  Hi, Norm.
[01:04:29.000 --> 01:04:32.000]  Hey, Eddie. Hey, Rin.
[01:04:32.000 --> 01:04:37.000]  You know, when I called in, I had a completely different line of questions for you,
[01:04:37.000 --> 01:04:42.000]  but I got ahead of myself. I'm going to rewind.
[01:04:42.000 --> 01:04:49.000]  I have a civil case that I'm a plaintiff in that I filed a month ago,
[01:04:49.000 --> 01:04:51.000]  a year ago in state court.
[01:04:51.000 --> 01:04:56.000]  It went into district court. It was removed there by the defendants
[01:04:56.000 --> 01:04:58.000]  and sat there forever.
[01:04:58.000 --> 01:05:06.000]  And while I was waiting, moving the court to identify the assigned judge,
[01:05:06.000 --> 01:05:12.000]  toward the end I filed motions of findings of fact and conclusions of the law
[01:05:12.000 --> 01:05:18.000]  for like really important stuff like subject matter jurisdiction and that sort of thing.
[01:05:18.000 --> 01:05:25.000]  That was in September. Two weeks later, I get my first word from the court.
[01:05:25.000 --> 01:05:27.000]  The judge popped up, said,
[01:05:27.000 --> 01:05:32.000]  Hi, and dismissed my case off the face of the planet.
[01:05:32.000 --> 01:05:39.000]  So I had 30 days to file a notice of appeal with the appellate court
[01:05:39.000 --> 01:05:45.000]  and in reading their rules of court, I came across Rule 4 which said,
[01:05:45.000 --> 01:05:51.000]  If I filed a motion for amended or additional findings,
[01:05:51.000 --> 01:06:02.000]  then the notice of appeal wouldn't be applicable until the last of those had been ruled upon.
[01:06:02.000 --> 01:06:09.000]  So I didn't really trust the district court at all.
[01:06:09.000 --> 01:06:12.000]  Not at all. Time was running out.
[01:06:12.000 --> 01:06:21.000]  I filed a notice of appeal anyway and noted that I had these motions for additional findings in there
[01:06:21.000 --> 01:06:23.000]  and they needed to rule on those.
[01:06:23.000 --> 01:06:29.000]  But I could file an amended notice of appeal when they were done.
[01:06:29.000 --> 01:06:34.000]  A week later, I get an envelope from the Ninth Circuit saying,
[01:06:34.000 --> 01:06:36.000]  Oh, you filed a notice of appeal?
[01:06:36.000 --> 01:06:44.000]  Okay, well, you have this many days to get a brief in and by the way,
[01:06:44.000 --> 01:06:50.000]  if you want to file informal paupers, you got to pay 450 bucks.
[01:06:50.000 --> 01:06:53.000]  Even though in my notice of appeal I pointed out,
[01:06:53.000 --> 01:06:59.000]  I've proceeded informal paupers throughout so that's off
[01:06:59.000 --> 01:07:05.000]  and I have these motions for additional findings in.
[01:07:05.000 --> 01:07:09.000]  So I'm wondering what can I do right now?
[01:07:09.000 --> 01:07:15.000]  What can I file with the district court of appeals?
[01:07:15.000 --> 01:07:19.000]  I don't even know just to take care of the informal paupers
[01:07:19.000 --> 01:07:25.000]  and the fact that I shouldn't be dealing with anything
[01:07:25.000 --> 01:07:31.000]  until the findings of facts and conclusions of law have been addressed by the district court.
[01:07:31.000 --> 01:07:36.000]  Does that make sense?
[01:07:36.000 --> 01:07:39.000]  No, it didn't make sense at all.
[01:07:39.000 --> 01:07:44.000]  I have no idea where you're at in the case.
[01:07:44.000 --> 01:07:50.000]  Did you file the petition or was the petition for you to defend it?
[01:07:50.000 --> 01:07:52.000]  I'm the plaintiff.
[01:07:52.000 --> 01:07:58.000]  Did the other side file a Rule 12 motion to dismiss?
[01:07:58.000 --> 01:08:01.000]  You know, Deborah asked me that once.
[01:08:01.000 --> 01:08:03.000]  It's a yes and no answer.
[01:08:03.000 --> 01:08:09.000]  They filed what was entitled a motion to dismiss for lack of jurisdiction,
[01:08:09.000 --> 01:08:13.000]  subject manager jurisdiction, Rule 12B1,
[01:08:13.000 --> 01:08:19.000]  except it didn't comply with Rule 7B which says you have to make,
[01:08:19.000 --> 01:08:24.000]  that's present sense, a request for a court order.
[01:08:24.000 --> 01:08:31.000]  What I read in there in so-called motion was we will make at some undefined point in time
[01:08:31.000 --> 01:08:36.000]  a motion for lack of subject manager jurisdiction.
[01:08:36.000 --> 01:08:41.000]  And I pointed that out to them on numerous occasions and they just blew by it
[01:08:41.000 --> 01:08:43.000]  and have never talked about that.
[01:08:43.000 --> 01:08:46.000]  How did you point that out to them?
[01:08:46.000 --> 01:08:49.000]  By responding to the...
[01:08:49.000 --> 01:08:51.000]  I'm looking for something more specific.
[01:08:51.000 --> 01:08:53.000]  Did you move to strike the pleading?
[01:08:53.000 --> 01:09:01.000]  Okay, so did they rule on your motion to strike the pleading?
[01:09:01.000 --> 01:09:02.000]  Pardon me?
[01:09:02.000 --> 01:09:05.000]  Did they rule on your motion to strike the pleading?
[01:09:05.000 --> 01:09:08.000]  It was denied.
[01:09:08.000 --> 01:09:14.000]  Okay, did they grant the motion for the non-motion?
[01:09:14.000 --> 01:09:16.000]  Yes.
[01:09:16.000 --> 01:09:23.000]  Okay, now I don't understand the issue on appeal there saying you can't appeal?
[01:09:23.000 --> 01:09:26.000]  No, they immediately accepted the appeal.
[01:09:26.000 --> 01:09:30.000]  Okay, so now you're going to appeal, that seems appropriate.
[01:09:30.000 --> 01:09:33.000]  Did they dismiss with prejudice?
[01:09:33.000 --> 01:09:37.000]  They didn't say on prejudice.
[01:09:37.000 --> 01:09:43.000]  Okay, did they dismiss with opportunity to amend?
[01:09:43.000 --> 01:09:45.000]  They didn't mention that either.
[01:09:45.000 --> 01:09:50.000]  Did you ask for... did you request opportunity to amend?
[01:09:50.000 --> 01:09:53.000]  Previous to dismissal, I...
[01:09:53.000 --> 01:09:56.000]  Well, I've already amended once, so...
[01:09:56.000 --> 01:09:59.000]  I amended when they first removed it.
[01:09:59.000 --> 01:10:03.000]  That was my first paper to the court.
[01:10:03.000 --> 01:10:07.000]  I amended to challenge the subject manager's jurisdiction of the court.
[01:10:07.000 --> 01:10:10.000]  Okay, we still have no idea what's going on here.
[01:10:10.000 --> 01:10:14.000]  What was the nature... was it too filed in the state court and removed?
[01:10:14.000 --> 01:10:15.000]  Yes.
[01:10:15.000 --> 01:10:17.000]  Did you file a motion to remand?
[01:10:17.000 --> 01:10:19.000]  Yes, several.
[01:10:19.000 --> 01:10:22.000]  What were the grounds for removal?
[01:10:22.000 --> 01:10:39.000]  They... in the notice of removal, it claimed that the federal court had original jurisdiction under a statute that had no applicability whatsoever.
[01:10:39.000 --> 01:10:43.000]  Okay, wait a minute, you're telling me nothing.
[01:10:43.000 --> 01:10:45.000]  What did they claim?
[01:10:45.000 --> 01:10:48.000]  Did they claim diversity jurisdiction?
[01:10:48.000 --> 01:10:50.000]  Did they claim federal question?
[01:10:50.000 --> 01:10:53.000]  It's so vague, you wouldn't believe it.
[01:10:53.000 --> 01:10:57.000]  They claimed original jurisdiction, but it didn't apply.
[01:10:57.000 --> 01:10:59.000]  Now, wait, wait, no, okay.
[01:10:59.000 --> 01:11:07.000]  In order to file a motion to... to remove... in order to do a removal...
[01:11:07.000 --> 01:11:08.000]  Mm-hmm.
[01:11:08.000 --> 01:11:16.000]  I take it you filed a motion to remand and they filed a response to your motion to remand.
[01:11:16.000 --> 01:11:18.000]  Kind of, sort of.
[01:11:18.000 --> 01:11:21.000]  It was poorly written and I didn't really follow it.
[01:11:21.000 --> 01:11:22.000]  Okay.
[01:11:22.000 --> 01:11:27.000]  Was... okay, so did you file a motion for clarification... a request for clarification?
[01:11:27.000 --> 01:11:29.000]  Yes.
[01:11:29.000 --> 01:11:31.000]  And they didn't clarify?
[01:11:31.000 --> 01:11:32.000]  No.
[01:11:32.000 --> 01:11:33.000]  And it was...
[01:11:33.000 --> 01:11:34.000]  Okay.
[01:11:34.000 --> 01:11:37.000]  Did you file judicial conduct complaints against this judge?
[01:11:37.000 --> 01:11:39.000]  Yeah.
[01:11:39.000 --> 01:11:47.000]  Then you need to go down and go to the U.S. attorney and file criminally with the U.S. attorney and ask him to indict the judge.
[01:11:47.000 --> 01:11:49.000]  Now, he's not going to.
[01:11:49.000 --> 01:11:55.000]  Then you start... start a fight with the U.S. attorney and go after him for not doing his job.
[01:11:55.000 --> 01:11:57.000]  This where you creed a little politics.
[01:11:57.000 --> 01:12:01.000]  It sounds like you went in and former pauperous.
[01:12:01.000 --> 01:12:03.000]  Yeah.
[01:12:03.000 --> 01:12:06.000]  Okay, you filed in the state court and former pauperous, right?
[01:12:06.000 --> 01:12:07.000]  Mm-hmm.
[01:12:07.000 --> 01:12:10.000]  And the state granted you in former pauperous status?
[01:12:10.000 --> 01:12:12.000]  Yep.
[01:12:12.000 --> 01:12:14.000]  And the state didn't dismiss.
[01:12:14.000 --> 01:12:33.000]  I generally suggest that people don't file in former pauperous if it's a foreclosure issue because filing in the fed in former pauperous gives the trial judge the discretion to dismiss your suit if he thinks you'd see the affribulus or not winnable.
[01:12:33.000 --> 01:12:38.000]  And they'll tend to take that option, you know, any chance they can.
[01:12:38.000 --> 01:12:42.000]  But if you filed in the state and you were granted the status, that's different.
[01:12:42.000 --> 01:12:49.000]  This sounds like the judge is just blowing you off, but then again, I haven't seen your pleadings.
[01:12:49.000 --> 01:12:50.000]  Right.
[01:12:50.000 --> 01:13:00.000]  When the judge denied one of your motions, did he not give you points and authorities as to why he denied?
[01:13:00.000 --> 01:13:02.000]  No, he did not.
[01:13:02.000 --> 01:13:04.000]  Who is this judge?
[01:13:04.000 --> 01:13:06.000]  Where is he?
[01:13:06.000 --> 01:13:09.000]  Sacramento.
[01:13:09.000 --> 01:13:11.000]  California, huh?
[01:13:11.000 --> 01:13:13.000]  The California judges.
[01:13:13.000 --> 01:13:18.000]  You really need to go after him with a local grand jury.
[01:13:18.000 --> 01:13:30.000]  Since you're in California, you can ask a grand jury to investigate into this judge's behavior without filing criminal charges against the judge.
[01:13:30.000 --> 01:13:31.000]  Okay.
[01:13:31.000 --> 01:13:35.000]  This is a good way to generate a little political pressure against him.
[01:13:35.000 --> 01:13:43.000]  You claim that this judge is denying you in your right to petition the court for redress of grievance.
[01:13:43.000 --> 01:13:44.000]  Okay.
[01:13:44.000 --> 01:13:56.000]  And in as much as the violate due process violation is a state violation, you can prosecute him in the state.
[01:13:56.000 --> 01:14:08.000]  So you move the local grand jury and I'm leaning more and more toward using the grand jury as a separate court of appeals.
[01:14:08.000 --> 01:14:14.000]  It's dealing to a corrupt panel of appeals judges.
[01:14:14.000 --> 01:14:18.000]  You appeal to a grand jury of your peers.
[01:14:18.000 --> 01:14:32.000]  Show them the law, show them what the judge is required to do, show them 18 U.S. Code 242 and look in California law for the statute on official misconduct.
[01:14:32.000 --> 01:14:48.000]  And show the grand jury that by failing to grant you your remedy, by failing to apply the law to the facts, he denied you in your right to the equal protection of the laws and to petition for redress of grievance.
[01:14:48.000 --> 01:14:54.000]  And ask them to indict him for official oppression.
[01:14:54.000 --> 01:14:59.000]  Now, there's little chance they'll indict this judge for official oppression.
[01:14:59.000 --> 01:15:05.000]  The problem the judge has is it only takes a little chance.
[01:15:05.000 --> 01:15:10.000]  Eddie was asking for remedy earlier for success earlier.
[01:15:10.000 --> 01:15:15.000]  Well, I filed criminal charges against all of the highest judges in Texas.
[01:15:15.000 --> 01:15:30.000]  And finally got him before grand jury and the grand jury didn't indict prior to this, every single pro se writ of habeas corpus that was filed with the court with the court of criminal appeals in Texas was denied.
[01:15:30.000 --> 01:15:34.000]  They denied them leave to file.
[01:15:34.000 --> 01:15:36.000]  They had no authority to do that.
[01:15:36.000 --> 01:15:39.000]  After I took him to the grand jury for it.
[01:15:39.000 --> 01:15:44.000]  Now, they don't deny you leave to file.
[01:15:44.000 --> 01:15:52.000]  They let you file it and then they deny the writ out of hand, but at least it gets filed and it goes on the record.
[01:15:52.000 --> 01:15:54.000]  So it did make a difference.
[01:15:54.000 --> 01:15:58.000]  Now we need to do it again for them.
[01:15:58.000 --> 01:16:08.000]  You know, the pro se bias, but we can't have an effect on the grand jury is probably the most powerful political tool we have available if they've done all this to you.
[01:16:08.000 --> 01:16:11.000]  That's why I suggest you go.
[01:16:11.000 --> 01:16:13.000]  That's good advice.
[01:16:13.000 --> 01:16:22.000]  Yeah, and you just go down there and you jump up and down and you wave your hands and you rail in righteous indignation over the indignity of all of it all.
[01:16:22.000 --> 01:16:24.000]  Throw this bomb in jail.
[01:16:24.000 --> 01:16:26.000]  They're not going to do it.
[01:16:26.000 --> 01:16:32.000]  But this judge is going to get real unhappy when you try to get him to put in jail.
[01:16:32.000 --> 01:16:35.000]  But in the meantime, I have a pressing issue.
[01:16:35.000 --> 01:16:37.000]  Okay, hold on.
[01:16:37.000 --> 01:16:43.000]  We're going to pick that up on the other side and we'll get Eddie to answer your question.
[01:16:43.000 --> 01:16:45.000]  He's a smart dude.
[01:16:45.000 --> 01:16:47.000]  This is Randy Kelton.
[01:16:47.000 --> 01:16:49.000]  David Steven Craig.
[01:16:49.000 --> 01:16:55.000]  We'll be right back on the other side and annoy Eddie.
[01:16:55.000 --> 01:16:56.000]  He deserves it.
[01:16:56.000 --> 01:16:58.000]  He annoyed me earlier.
[01:16:58.000 --> 01:17:01.000]  I'm good at it.
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[01:19:00.000 --> 01:19:07.000]  Alright folks, we are back. This is Rule of Law Radio.
[01:19:07.000 --> 01:19:13.000]  Call in number is 512-646-1984.
[01:19:13.000 --> 01:19:20.000]  Randy was saying something that knocks us before we went out.
[01:19:20.000 --> 01:19:31.000]  About stumping me on something or other, so give it a shot, Norm.
[01:19:31.000 --> 01:19:33.000]  Yeah, your turn, Eddie.
[01:19:33.000 --> 01:19:44.000]  So, I have a pressing issue with this Notice of Appeal, and the night seems to think I've appealed, so, and who can blame them?
[01:19:44.000 --> 01:19:51.000]  Can I file motions about the amended, it's, what is that, Rule?
[01:19:51.000 --> 01:20:09.000]  Civil Rules, Civil Procedure 52B amended or additional findings, which should delay the appeal itself until that's taken care of.
[01:20:09.000 --> 01:20:14.000]  That would take a mandamus. With the appellate court?
[01:20:14.000 --> 01:20:28.000]  Yes, you filed a petition for rid of mandamus, ordering the, asked the appellate court to order the trial court to prepare findings of fact and conclusions at law so that you can perfect your appeal.
[01:20:28.000 --> 01:20:36.000]  You don't know what to appeal because you don't know what the judge ruled on. So, look up mandamus.
[01:20:36.000 --> 01:20:55.000]  Okay. And this is a kind of relief that goes to mandamus because there is no relief in appeal. You're already in appeal, but you're unable to effectively appeal because the judge has failed to do his job.
[01:20:55.000 --> 01:21:07.000]  You have to appeal based on rid of error. And if you don't know what the judge actually ruled, you don't know how to claim an error.
[01:21:07.000 --> 01:21:12.000]  So, a rid of error falls under a rid of mandamus, then, or?
[01:21:12.000 --> 01:21:24.000]  No, no, rid of error is what you, when you file an appeal, you appeal based on erroneous rulings of the judge, the court.
[01:21:24.000 --> 01:21:30.000]  So, if you don't know what he ruled, you don't know how to address the error.
[01:21:30.000 --> 01:21:34.000]  I gotcha.
[01:21:34.000 --> 01:21:39.000]  Would you have a rid of mandamus on your Juris and Prudence site?
[01:21:39.000 --> 01:22:00.000]  Yes, I just filed one with the 12th Court of Appeals in Tyler, and you'll find it under Cherokee County. But that petition was written under Texas law.
[01:22:00.000 --> 01:22:17.000]  I suspect that one in California would be similar, but just go online and do a search for California rid of mandamus, and you'll get a hit on several and look at the style of them.
[01:22:17.000 --> 01:22:31.000]  Or, no, you should look in a federal rid of mandamus and check in the rules. They'll have rules for how to prepare a mandamus, and in Texas law, mandamus is in court of appeals.
[01:22:31.000 --> 01:22:36.000]  They're in the rules of the appellate rules.
[01:22:36.000 --> 01:22:38.000]  Oh, okay. I'll just look into it.
[01:22:38.000 --> 01:22:52.000]  Yes, that may be where you find that structure. But generally, a mandamus is structured like a habeas corpus. It's a basic style of structure.
[01:22:52.000 --> 01:22:54.000]  No familiarity, but okay.
[01:22:54.000 --> 01:22:58.000]  Yeah. Okay, just do a search. You will find it.
[01:22:58.000 --> 01:23:08.000]  And how about proceeding in form of poppers? I've proceeded in form of poppers throughout, and appellate rules say, yeah, and then you're allowed to proceed.
[01:23:08.000 --> 01:23:17.000]  But, of course, sent this little boilerplate out saying, well, you've got to pay $450.
[01:23:17.000 --> 01:23:32.000]  And form of poppers works because you filed in the state and the judge didn't get the opportunity to rule that your case was frivolous or you had no chance of winning it.
[01:23:32.000 --> 01:23:50.000]  If you filed in the Fed and form of poppers, he would have had that option, but you didn't file in the state. And if the other side filed a removal and then filed a motion to dismiss that should get a motion for sanctions.
[01:23:50.000 --> 01:23:59.000]  You need to go to the law library and pull down. I think it's 1441.
[01:23:59.000 --> 01:24:09.000]  The rules on removal and remand 41 through 43, you need to pull those down annotate it.
[01:24:09.000 --> 01:24:15.000]  And then go down to the annotations, you'll find a place in there on motion to dismiss.
[01:24:15.000 --> 01:24:24.000]  If a litigant removes to the federal court for the purpose of filing a motion to dismiss, that's a frivolous motion.
[01:24:24.000 --> 01:24:29.000]  The rules in what codebook?
[01:24:29.000 --> 01:24:37.000]  I'm trying to remember what the first part of that code is. The last part's 1446. I can look it up here.
[01:24:37.000 --> 01:24:44.000]  Is that your only issue? Because if it's not, we'll build another caller and I'll look that up and I'll tell you as soon as I find it.
[01:24:44.000 --> 01:24:49.000]  Okay. That's fine. You're talking about 28 U.S.C. 1440?
[01:24:49.000 --> 01:24:57.000]  Yes. That's it. 1441 through 43. Go to the legal library, pull those down annotated and then go through the annotations.
[01:24:57.000 --> 01:24:59.000]  Okay. Gotcha. Thank you.
[01:24:59.000 --> 01:25:10.000]  And there's a lot of annotations on those six. But they have the annotations grouped in subjects. That is a great way to find support.
[01:25:10.000 --> 01:25:18.000]  Because I filed for sanctions on them for just that thing and that was denied too. I'm up against it here, I tell you.
[01:25:18.000 --> 01:25:21.000]  Have you filed bar grievances against the attorney?
[01:25:21.000 --> 01:25:23.000]  What the yin-yang?
[01:25:23.000 --> 01:25:25.000]  Good, good, good.
[01:25:25.000 --> 01:25:35.000]  I spread them out two over many months and the bar sat on them so long they just congealed like all five of them for this guy into one.
[01:25:35.000 --> 01:25:42.000]  Oh, that's okay. It affects his insurance the same anyway.
[01:25:42.000 --> 01:25:47.000]  We don't care what the bar does. The bar is always going to rule for their attorneys.
[01:25:47.000 --> 01:25:50.000]  But the insurance company won't.
[01:25:50.000 --> 01:25:59.000]  You know, listen, if you guys talk about how to deal with these people, I see both sides. You know, it's such a scum we're dealing with.
[01:25:59.000 --> 01:26:04.000]  It's, like you say, totally corrupt.
[01:26:04.000 --> 01:26:10.000]  Yep. So we need to use what tools we have. Okay, we need to move along.
[01:26:10.000 --> 01:26:12.000]  Okay, thanks for all your time.
[01:26:12.000 --> 01:26:23.000]  Dr. Paulus, thank you. And now we're going to go to Nolan in North Carolina. Where'd he go?
[01:26:23.000 --> 01:26:27.000]  There we go. Okay, Nolan, now we should be able to hear you.
[01:26:27.000 --> 01:26:29.000]  How you doing, Randy?
[01:26:29.000 --> 01:26:35.000]  I'm doing good. I don't care what Eddie says.
[01:26:35.000 --> 01:26:46.000]  Hey, look, I had to give you some directions on discovery and their collection practice.
[01:26:46.000 --> 01:26:52.000]  Okay, what is the nature of your claim under FDCPA?
[01:26:52.000 --> 01:26:56.000]  1681, permissible purpose.
[01:26:56.000 --> 01:26:59.000]  Wait, say that again. I couldn't understand you.
[01:26:59.000 --> 01:27:03.000]  The permissible purpose is what he said.
[01:27:03.000 --> 01:27:08.000]  Okay, so they checked your credit. They pulled your credit without permissible purpose?
[01:27:08.000 --> 01:27:11.000]  Right, right, right.
[01:27:11.000 --> 01:27:14.000]  Okay, so what's the question on that?
[01:27:14.000 --> 01:27:24.000]  Okay, no, I had my rule 26 discovery and I'm getting into...
[01:27:24.000 --> 01:27:33.000]  I got the dates as like March 2012 for completion, preliminary disposition.
[01:27:33.000 --> 01:27:40.000]  I guess what I want to know is when do I start sending them, like, interrogatories or...
[01:27:40.000 --> 01:27:45.000]  How old is the case?
[01:27:45.000 --> 01:27:47.000]  Probably then.
[01:27:47.000 --> 01:27:49.000]  How long ago did you file the case?
[01:27:49.000 --> 01:27:52.000]  October 2011.
[01:27:52.000 --> 01:27:55.000]  Oh, okay, so have you been to a scheduling hearing?
[01:27:55.000 --> 01:27:58.000]  Yes, just this morning.
[01:27:58.000 --> 01:28:03.000]  Okay, just send them to get the discovery to them now.
[01:28:03.000 --> 01:28:08.000]  It doesn't matter when you file a discovery. They can complain you filed it too soon.
[01:28:08.000 --> 01:28:12.000]  We'll just hang on to it, Bubba, until the time is right.
[01:28:12.000 --> 01:28:17.000]  Do you only have to the scheduling hearing? Did they file a rule 12 motion to dismiss?
[01:28:17.000 --> 01:28:21.000]  They filed summary judgment.
[01:28:21.000 --> 01:28:25.000]  No evidence summary judgment, sir?
[01:28:25.000 --> 01:28:31.000]  No, they filed for summary judgment. I just got the letter. This is this week.
[01:28:31.000 --> 01:28:37.000]  Okay, what was the nature of the summary judgment?
[01:28:37.000 --> 01:28:47.000]  Oh, wait, wait, wait.
[01:28:47.000 --> 01:28:51.000]  They filed an answer.
[01:28:51.000 --> 01:29:05.000]  They denied everything in the answer and applied for summary judgment for lack of jurisdiction.
[01:29:05.000 --> 01:29:10.000]  Okay, where did you file it at? State court federal court?
[01:29:10.000 --> 01:29:12.000]  We're in federal court.
[01:29:12.000 --> 01:29:21.000]  Okay, we're about to go to break. When we come back from the break, I want to see how they got to lack of jurisdiction
[01:29:21.000 --> 01:29:25.000]  when you filed under FDCPA.
[01:29:25.000 --> 01:29:30.000]  That should be interesting. You may go after them for filing a frivolous pleading.
[01:29:30.000 --> 01:29:35.000]  Okay, this is Randy Kelton, Deborah Stevens, Eddie Craig.
[01:29:35.000 --> 01:29:42.000]  We have live radio. Our call in number is 512-646-1984.
[01:29:42.000 --> 01:29:47.000]  Give us a call. If you only start stacking up toward the end, so get in line.
[01:29:47.000 --> 01:30:00.000]  So we can get everybody in. We'll be right back.
[01:30:00.000 --> 01:30:07.000]  We'll be right back.
[01:30:30.000 --> 01:30:35.000]  The Ten Commandments are a cornerstone of Judaism, Islam, and Christianity.
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[01:30:39.000 --> 01:30:44.000]  I'm Dr. Catherine Albrecht, and I'll be right back with a tip to help you remember one of the Ten Commandments.
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[01:31:15.000 --> 01:31:20.000]  The fourth commandment is about a four-letter word, W-O-R-K, work.
[01:31:20.000 --> 01:31:26.000]  The Bible says, remember the Sabbath day by keeping it holy. Six days you shall labor and do all your work,
[01:31:26.000 --> 01:31:29.000]  but the seventh day is a Sabbath to the Lord your God.
[01:31:29.000 --> 01:31:34.000]  On it you shall not do any work, neither you, nor your son or daughter, nor your male or female servant,
[01:31:34.000 --> 01:31:38.000]  nor your animals, nor any foreigner residing in your towns.
[01:31:38.000 --> 01:31:44.000]  The Ten Commandments have probably inspired more commitment and controversy than any other moral code.
[01:31:44.000 --> 01:31:49.000]  The next time they come up in conversation, you'll remember the fourth commandment is about that four-letter word,
[01:31:49.000 --> 01:31:52.000]  work, and when to take a break from it.
[01:31:52.000 --> 01:32:21.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:32:23.000 --> 01:32:29.000]  Okay, this is Randy Kelsen, Deborah Steven, Teddy Craig, and my radio.
[01:32:29.000 --> 01:32:37.000]  We're talking to Nolan in North Carolina.
[01:32:37.000 --> 01:32:42.000]  Okay, we were talking about summary judgment.
[01:32:42.000 --> 01:32:53.000]  How did they get to summary judgment on jurisdiction when you filed an FDCPA claim in the federal court?
[01:32:53.000 --> 01:33:16.000]  If there's motion for summary judgment, pursuant to rule 56, defendant Bank of America in a moves for summary judgment in its favor with respect to all claims and the complaint against it on the ground that there is no genuine issue as to any material facts.
[01:33:16.000 --> 01:33:29.000]  And FIA is entitled to judgment as a matter of law because plaintiffs open two credit cards and default it on both accounts.
[01:33:29.000 --> 01:33:46.000]  Then it goes, goes, goes in support of motion, relies upon a company in brief and declaration, exhibit, file, contemptoriously there within and matters of record.
[01:33:46.000 --> 01:33:50.000]  And all that is, is the payment history.
[01:33:50.000 --> 01:34:13.000]  Okay, if you filed about them accessing your credit report, that doesn't have anything to do with the validation or how do they get to the issue that you brought before the court, they're going to, they're going to stipulate to what you accuse them of doing.
[01:34:13.000 --> 01:34:23.000]  And apparently argue that what they did was not a violation of the act as a matter of law.
[01:34:23.000 --> 01:34:35.000]  They can go for summary judgment if there is a disagreement, but a disagreement as to the application of law.
[01:34:35.000 --> 01:34:41.000]  So long as there is no disagreement as to the facts.
[01:34:41.000 --> 01:34:46.000]  You say they did this and they say, yeah, we did do that.
[01:34:46.000 --> 01:34:50.000]  But we're authorized to do that for this reason.
[01:34:50.000 --> 01:34:57.000]  Is, is that the only claim that you made?
[01:34:57.000 --> 01:35:16.000]  Um, yeah, I don't have a complaint. Um, yeah, it's under that. Very great reporting act violation for, uh, willful, willful, not willful compliance.
[01:35:16.000 --> 01:35:20.000]  Okay, is that the only cause of action you have in your suit?
[01:35:20.000 --> 01:35:21.000]  Yeah.
[01:35:21.000 --> 01:35:27.000]  Well, then I'm going to, and it's fair credit reporting.
[01:35:27.000 --> 01:35:30.000]  Yeah, one count and one count.
[01:35:30.000 --> 01:35:33.000]  No, no, no, wait, wait, wait. That.
[01:35:33.000 --> 01:35:43.000]  Fair, fair credit, fair, fair debt collection. Oh, you, you filed them under fair credit reporting.
[01:35:43.000 --> 01:35:51.000]  Oh, is it, is it based on the same facts?
[01:35:51.000 --> 01:35:56.000]  Um, no, well, no, one is the, the permissible purpose.
[01:35:56.000 --> 01:36:12.000]  The facts and allegations is, uh, didn't validate, didn't respond to the dispute and then, um, fair debt under, um, damaging reputation, the credit score, um, not being able to.
[01:36:12.000 --> 01:36:16.000]  Okay. Did you file a debt validation letter with the lender?
[01:36:16.000 --> 01:36:18.000]  Yes.
[01:36:18.000 --> 01:36:20.000]  Did they respond to the debt validation letter?
[01:36:20.000 --> 01:36:22.000]  No.
[01:36:22.000 --> 01:36:51.000]  Amend your pleading, ask me if I, you get a first amended pleading, amend the pleading and claim that the, the defendant is a statutorily is stopped, stopped from further collection because you have filed a debt validation letter and under 15 USC 1692 G.
[01:36:51.000 --> 01:36:59.000]  The lender is statutorily a stopped from further collections until he validates the debt.
[01:36:59.000 --> 01:37:03.000]  1692 G. Cool. Beautiful.
[01:37:03.000 --> 01:37:19.000]  Okay. And demand that the lender, since they failed to respond to the debt validation letter, then you claim, make a claim against them under 1692 F.
[01:37:19.000 --> 01:37:29.000]  You accuse them of making a threat that they either did not intend to carry out or did not have the authority to carry out.
[01:37:29.000 --> 01:37:40.000]  And in this case, you maintain that the actor, whoever the defendant, oh, who did you sue? Did you sue the bank or did you sue the law firm during the collections?
[01:37:40.000 --> 01:37:50.000]  No, it was, it was, if the bank directly, they report an inequality report, it was charged off account that was charged off.
[01:37:50.000 --> 01:37:53.000]  Okay. So this wasn't a law firm collecting for the bank?
[01:37:53.000 --> 01:37:55.000]  No.
[01:37:55.000 --> 01:38:09.000]  Okay. Then claim that the bank is a debt collector and that they made a threat of taking an action they did not have the authority to take.
[01:38:09.000 --> 01:38:15.000]  Now, here's how we get there. Never stipulate to anything.
[01:38:15.000 --> 01:38:22.000]  The bank makes a demand that you pay them on this claim.
[01:38:22.000 --> 01:38:29.000]  And you say, if it's a credit card, you say, what credit card? I don't know anything about a credit card.
[01:38:29.000 --> 01:38:46.000]  You claim authority to collect on a debt, prove it. We sent you a debt validation letter. You did not respond. That gives me reasonable, probable cause to believe that you're a debt collector and that you have no authority to collect the debt.
[01:38:46.000 --> 01:39:10.000]  The claim that you made, you have no authority to carry out and under 1692 F, that's a violation of the act of civil rights violation. That will stand on its own until such time as they prove up agency for the principal
[01:39:10.000 --> 01:39:22.000]  and standing and capacity of the principal. If they claim to be the principal, then they must not only prove upstanding that they're the holder of the note.
[01:39:22.000 --> 01:39:38.000]  They must also prove that they have capacity in that they come to the court with clean hands, in that they have abided by all law and are not statutorily stopped from further collection.
[01:39:38.000 --> 01:39:49.000]  And you maintain, even if they do have standing, their statutorily is stopped because you filed the validation letter, they didn't respond.
[01:39:49.000 --> 01:39:59.000]  So this will give them more to think about. They will forget about the summary judgment, Grappola.
[01:39:59.000 --> 01:40:13.000]  And make sure you send a letter to each of the credit reporting agencies demanding that they pull all of the marks against your credit while this is being investigated.
[01:40:13.000 --> 01:40:30.000]  And then make sure you check every month to make sure that's been done. If it hasn't put it on your log, if the debt collector is trying to collect from you and you're getting phone calls, did your debt validation letter order them to cease all telephonic communications?
[01:40:30.000 --> 01:40:49.000]  Right, Mike, you got that part. Okay, if that's in there, then every time they call, put it down on your log, make a check, add another $1,000. If they don't do the mini Miranda and another $1,000, you might want to contact Mike Miras.
[01:40:49.000 --> 01:41:07.000]  He was on earlier. Get his method. It is well worth it. You'll get these guys to pay you to go away and leave them alone. They'll go in and fix your credit and then pay you to go away and leave them alone.
[01:41:07.000 --> 01:41:10.000]  Okay, do you have any other questions?
[01:41:10.000 --> 01:41:36.000]  Yeah, I got one more question on doing a civil rights violation on a police officer. I was listening to y'all show one time a devil was saying somebody gave her some information or she spoke with them about they were suing inside the court and actually want to sue the police.
[01:41:36.000 --> 01:41:40.000]  Do y'all have any, you know what I'm talking about?
[01:41:40.000 --> 01:41:43.000]  I have no idea.
[01:41:43.000 --> 01:41:53.000]  Alright, I'll just take it back in the archives. But look, I did, I borrowed some quotes from some payboard and I put this notice together. Can I read it to you?
[01:41:53.000 --> 01:41:56.000]  Yes, as long as it isn't too long.
[01:41:56.000 --> 01:42:09.000]  No, no, no, it's not long. It's like a six-page, uh, six and a spare file. And what I did is I recorded it and, um, the registered D as a notice.
[01:42:09.000 --> 01:42:26.000]  And this was an attention warning. Ignorance of the law is no excuse. Take a moment to read this before you proceed further. This is for your protection to all public officials by and through the Secretary of State of North Carolina.
[01:42:26.000 --> 01:42:53.000]  The division tendering this document is a private, is a private people of posterity, a sovereign traveler, a private state, in fact, not a 14th Amendment citizen of, nor a subject of, nor owing allegiance to the Federal United States, nor any of the de facto compact states
[01:42:53.000 --> 01:43:13.000]  contract being there too. Therefore, carrying with me, with him, the original and exclusive particular jurisdiction, and then you under our one Supreme Court of Common Law, I am at peace and not in a state of war with any power person or thing.
[01:43:13.000 --> 01:43:30.000]  This is a matter of public record and certified by the Secretary of State of North Carolina as many recorded, as may be recorded upon the records and books of registered B's and Guilford County State of North Carolina public notice.
[01:43:30.000 --> 01:43:47.000]  Okay, hold on, hold on, we're about to go to break. We need to finish this up on the other side. This is Randy Kelly from W. Stephen J. Craig. We have our radio, our call-in number is 646 in 1984.
[01:43:47.000 --> 01:44:00.000]  Give us a call, we'll be right back.
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[01:46:21.000 --> 01:46:47.000]  Okay, we're back. I'm going to tell you some things that are great. The rule of law video, talking to no one in North Carolina. Why did you file that, doctor?
[01:46:47.000 --> 01:46:54.000]  I was caught up in the whole sovereign, something, something, so I was looking for a way to travel.
[01:46:54.000 --> 01:46:59.000]  You were looking for the silver bullet and you ain't the lone ranger. That's what you were doing.
[01:46:59.000 --> 01:47:20.000]  No, no, no. Not the silver bullet. Not the silver bullet. I was looking for a way to travel and notice the police without having to have the drivers license and everything. So now that we understand about the federal law, I mean the federal court and civil rights violations,
[01:47:20.000 --> 01:47:42.000]  at the end of this document, I put billing costs which will be assessed upon violation, unlawful or legal arrest without a lawful and true Fourth Amendment warrant, $100,000, assault or assault and battery, $10,000, with a weapon, $50,000.
[01:47:42.000 --> 01:48:08.000]  Okay, hold on, hold on. This is Tim Turner's stuff and I've seen this documentation. What he's claiming is that if you file this in the court record, then if anybody does any of these things, they automatically establish a contract between you and they agree to these terms.
[01:48:08.000 --> 01:48:32.000]  So no court or nurse is going to oppose that. I wouldn't count on any remedy from that. Anybody else who would try to do that, contract can't be, what you're trying to create is your own adhesion contract.
[01:48:32.000 --> 01:48:58.000]  The notice that I give out, it has nothing to do with charging on my fee. The entire thing that I do is apprise them of the fact that I am not engaging in commercial transportation, that the laws themselves, it contains just enough of the actual statutes to show the commercial nature of the statute, and that I am not in any way traveling under the capacity of those statutes.
[01:48:58.000 --> 01:49:06.000]  And you're giving that notice directly to the officer, rather than filing it in the public record.
[01:49:06.000 --> 01:49:07.000]  Correct.
[01:49:07.000 --> 01:49:34.000]  So that officer is getting clear notice. It's not so clear just filing it in the record. And all of that other stuff would attempt to create a contract. And if I file something in the public record that says, if Nolan calls into my show, he owes me $10,000.
[01:49:34.000 --> 01:49:39.000]  And then you subsequently call into my show, you don't owe me $10,000.
[01:49:39.000 --> 01:49:43.000]  Right. Okay. I got you. I got you.
[01:49:43.000 --> 01:49:49.000]  Okay. We're going to move on to Barrett in Idaho.
[01:49:49.000 --> 01:49:52.000]  Yes, fine. Can you hear me?
[01:49:52.000 --> 01:49:54.000]  I can hear you.
[01:49:54.000 --> 01:50:07.000]  Yeah. It's kind of weird because the last 20 minutes, I'm listening to you guys do FM radio 100.5 in Coeur d'Alene, Idaho.
[01:50:07.000 --> 01:50:20.000]  It seems like every time that there's some really hardcore pertinent issues coming on, it just shuts off. You can only hear it over your phone or if you have an internet or something.
[01:50:20.000 --> 01:50:25.000]  That's because Deloitte has got the...
[01:50:25.000 --> 01:50:36.000]  People who listen to you via radio as opposed to internet, you guys know that. Is it most internet? People that hear you guys? Or is it most radio? Or is it like 55?
[01:50:36.000 --> 01:50:48.000]  Well, it's actually a mixture of both because we have affiliates in the individual states that rebroadcast our internet stream. But everything we do is internet.
[01:50:48.000 --> 01:51:00.000]  Wow. And then there's actual affiliates or substations, mini-micros, that will actually pick up our internet stream and pipe it out to their own broadcasting station there.
[01:51:00.000 --> 01:51:08.000]  So that's how most people hear us. I'm sure it's over a rebroadcast in their area.
[01:51:08.000 --> 01:51:20.000]  If you have problems picking it up, it may be that you're far enough away from the transmitter that you're not getting real strong signal. You can always stream this from the internet.
[01:51:20.000 --> 01:51:29.000]  Well, I have enough money for that or even cable. See, there's a problem in America and that is called capitalism.
[01:51:29.000 --> 01:51:51.000]  My other question was, how does a person like me that makes less than $20,000 a year go to a grand jury to sue a judge for misconduct and or a prosecutor for misconduct and or a sheriff or deputy who is a rookie who's only on the job three months and is driving a car?
[01:51:51.000 --> 01:52:03.000]  Hold on, hold on. You're asking a question in a way that we can't answer is way too general. Going to a grand jury doesn't cost anything.
[01:52:03.000 --> 01:52:21.000]  Filing criminal charges doesn't cost anything. Filing suit, now that's a different issue. But even then, it depends on how much you sue. If you sue in a justice court to a small claims court, jury costs around $60.
[01:52:21.000 --> 01:52:31.000]  A county court is generally around a hundred, a hundred and a quarter district court or a couple hundred and a federal court about 300 or so.
[01:52:31.000 --> 01:52:49.000]  Right now, I'm in appeal for a conviction, which I wasn't given my Fifth Amendment right to counsel before any kind of questioning or anything, any kind of questioning for questioning.
[01:52:49.000 --> 01:53:04.000]  And I'm still fighting that. It's still on the thing. But they're saying that because the judge ruled that I didn't specify that I wanted to make a phone call to a specific lawyer.
[01:53:04.000 --> 01:53:20.000]  And the cops are continuously telling me, I keep that we can't give you legal counsel. I said, well, I need to make a phone call. And they kept saying, no, after the breathalyzer. Now, I know there's a lot of people out there.
[01:53:20.000 --> 01:53:35.000]  But drunk drivers kill people. No, more people die from cigarettes and food vaccinations and drinking alcohol without driving at all, then driving or just people who don't know how to drive.
[01:53:35.000 --> 01:53:38.000]  Okay, hold on. We're not going to go to that rationalization.
[01:53:38.000 --> 01:53:55.000]  I know I cover a lot of stuff. I'm really, I'm one of these Americans that's one of these, give me liberty or give me something else. But I'm tired. I mean, I'm sure everybody who listens to RBN is sick and tired of the system robbing us.
[01:53:55.000 --> 01:54:08.000]  But anyway, how does a man like me that doesn't have a lot of money? You say it costs 60 bucks, I can take that. But how do I go? What do I go to district court? Do I go to district court?
[01:54:08.000 --> 01:54:09.000]  Okay, now, wait a minute.
[01:54:09.000 --> 01:54:14.000]  Or whatever, to file with the grand jury, to sue a judge?
[01:54:14.000 --> 01:54:34.000]  Wait, stop, stop. You're looking for an easy, easy quick answer here. There's not one. If you're going to exert your rights and stand up for your rights, it's a lot of work.
[01:54:34.000 --> 01:54:38.000]  It starts with a whole lot of self education.
[01:54:38.000 --> 01:54:40.000]  Read the code.
[01:54:40.000 --> 01:54:56.000]  It's black for our dictionary and you know, blacks will give you definition of words, but it's not law. You still have to read law to understand what the law means, what it applies to, so on and so forth.
[01:54:56.000 --> 01:55:07.000]  Yeah, I have some questions about Idaho law. In Idaho law, what are the elements of the crime of driving quality intoxicates?
[01:55:07.000 --> 01:55:11.000]  Well, this didn't happen in Idaho, it happened in Oregon.
[01:55:11.000 --> 01:55:17.000]  In Oregon? In Oregon, what are the elements of the criminal act of...
[01:55:17.000 --> 01:55:26.000]  Stop, stop. You're talking and not listening here. That's a problem.
[01:55:26.000 --> 01:55:35.000]  What are the elements of the criminal act of driving while intoxicated in Oregon?
[01:55:35.000 --> 01:55:39.000]  Well, if you fail certain tests...
[01:55:39.000 --> 01:55:58.000]  No, no, no, you're being general. You see, you have to be able to answer that question specifically. That tells me you haven't read the statutes you're charged with. How on earth are you going to defend your rights if you don't know what they are?
[01:55:58.000 --> 01:55:59.000]  I can.
[01:55:59.000 --> 01:56:07.000]  The other side is not going to tell you. Because I'm tired of living my life in slavery.
[01:56:07.000 --> 01:56:14.000]  Then you have to get up and get busy. This is a lot of work.
[01:56:14.000 --> 01:56:26.000]  First thing you do is get the penal code and read it. Then get the Code of Criminal Procedure for Idaho and read it.
[01:56:26.000 --> 01:56:31.000]  Law library and then I grab what book? I don't know. I mean, and a lot of listeners, I'm sure...
[01:56:31.000 --> 01:56:32.000]  You're not listening.
[01:56:32.000 --> 01:56:33.000]  I don't know.
[01:56:33.000 --> 01:56:42.000]  You're asking me what book and I've just told you. Penal code, Code of Criminal Procedure.
[01:56:42.000 --> 01:56:44.000]  Where do you get this book?
[01:56:44.000 --> 01:56:45.000]  Law library.
[01:56:45.000 --> 01:56:56.000]  Even when Americans are. I'm calling myself aner. Although I want to get educated because I'm tired of the way we're being treated. All of this.
[01:56:56.000 --> 01:57:07.000]  Listen, we're all grownups here. Go ask your local mayor. Ask your city secretary. Ask a local policeman.
[01:57:07.000 --> 01:57:11.000]  Where can I find a copy of the Penal Code?
[01:57:11.000 --> 01:57:18.000]  Okay. Let me give you one little warning about that though.
[01:57:18.000 --> 01:57:30.000]  If you live in a county where the sheriff looks exactly like Boss Hogg, which when I moved to Wise County, the sheriff did. His name was Rook Ramsey.
[01:57:30.000 --> 01:57:31.000]  Yeah.
[01:57:31.000 --> 01:57:44.000]  Ask him for a copy of the Penal Code and he reaches up and takes this stubby cigar out of his mouth and he asks you, well, why do you want to see a copy of the Penal Code?
[01:57:44.000 --> 01:57:53.000]  Don't tell him that I want to copy the Penal Code so that next time I call down here to file a complaint and you tell me what I'm complaining about.
[01:57:53.000 --> 01:57:59.000]  It's not against the law. I'm going to bring my copy of the code down here and cram it up your behind.
[01:57:59.000 --> 01:58:06.000]  Because you tell two guys with scars on their knuckles to pick you up and throw you through the top after the screen door.
[01:58:06.000 --> 01:58:11.000]  This is Randy Calton, David Steven, Daddy Craig, the Wheel of Law radio.
[01:58:11.000 --> 01:58:17.000]  And our call in number is 512-646-1984.
[01:58:17.000 --> 01:58:25.000]  We're going to break. We're at the top of the hour. We're going to top the hour break so it'll be a little bit longer.
[01:58:25.000 --> 01:58:29.000]  When we get back, we're going to go to Gene in Texas.
[01:58:29.000 --> 01:58:35.000]  Give us a call. Get in line. It starts building up toward the end. Make sure you get in so you can get your question.
[01:58:35.000 --> 01:58:59.000]  We'll be right back.
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